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ACTS 

AND 

RESOLVES 

PASSED    BY    THE 


^tntul  ^0urt  of  gHassatltuscttj} 


IN  THE   TEAR 


1939 


TOGETHER    WITH 


TABLES  SHOWING  CHANGES  IN  THE  STATUTES.  ETC. 


PUBLISHED    BY    THE 

SECRETARY   OF  THE   COMMONWEALTH 


BOSTON 

WRIGHT   &   POTTER   PRINTING   COMPANY 

1939 


ACTS  AND   RESOLVES 


OF 


MASSACHUSETTS 
1939 


^F"  The  General  Courts  which  was  chosen  November  8,  1938,  assembled  on 
Wednesday,  the  fourth  day  of  Januaiy,  1939,  for  its  biennial  session. 

The  oaths  of  office  were  taken  and  subscribed  by  His  Excellency  Leverett 
Saltonstall  and  His  Honor  Horace  T.  Cahill  on  Thursday,  the  fifth  day  of 
January,  in  the  presence  of  the  two  Houses  assembled  in  convention. 


ACTS. 


An  Act  making  appropriations   for  the  payment  of  (JJidj)^ 

EXPENSES   OF   THE    EXECUTIVE   DEPARTMENT   FOR   CERTAIN 
STUDIES  OF  THE  AFFAIRS  OF  CERTAIN  STATE  DEPARTMENTS. 

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

Section  1.  The  sums  herein  set  forth,  for  the  purposes 
herein  specified,  are  hereby  appropriated  from  the  general 
fund  or  revenue  of  the  commonwealth,  subject  to  the  pro- 
visions of  law  regulating  the  disbursement  of  public  funds 
and  the  approval  thereof: 

Service  of  the  Executive  Department. 
Item 
A     For  expenses  of  a  study  relative  to  administration  of 

the  affairs  of  the  department  of  pubHc  welfare  $1,000  00 

B     For  expenses  of  a  study  relative  to  administration  of 

the  affairs  of  the  department  of  pubhc  works  .  .      10,000  00 


Total $11,000  00 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  February  1,  1939. 


An  Act  authorizing  cities  and  towns  to  expend  for  fjhn'r) 

LOCAL    HIGHWAY    PURPOSES    CERTAIN    FUNDS    RECEIVED    IN  ^' 

NINETEEN    HUNDRED   AND    THIRTY-EIGHT   FROM    THE   HIGH- 
WAY   FUND. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^r'^^^^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: 

The  amount  of  the  unexpended  balance  of  funds  dis- 
tributed to  any  city  or  town  under  the  provisions  of  chap- 
ter five  hundred  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  remaining  after  deducting  a  sum  sufficient  to  satisfy 
outstanding  liabilities  incurred  by  such  city  or  town  under 
said  chapter  five  hundred  prior  to  the  effective  date  of 
this  act,  may  after  appropriation  be  expended  by  such  city 
or  town  for  construction,  reconstruction,  maintenance  and 
repair  of  local  roads,  streets  and  highways  other  than  state 
highways,  surface  drainage,  sidewalks,  curbings  and  bridges, 
whether  such  work  be  ordinary  or  otherwise;    and,  after 


Acts,  1939.  —  Chaps.  3,  4. 

said  effective  date,  the  provisions  of  said  chapter  five  hun- 
dred shall  not,  except  as  herein  provided,  authorize  or  apply 
to  any  further  expenditures  by  any  such  city  or  town. 

The  foregoing  shall  authorize  any  city  or  town  to  expend 
for  any  of  such  purposes  funds  appropriated  under  this  act, 
whether  or  not  any  funds  allocated  or  provided  by  the 
county  in  which  such  city  or  town  is  situated,  the  com- 
monwealth and  the  federal  government,  or  any  of  them, 
are  also  to  be  expended  for  any  such  purpose  by  such  city 
or  town  or  any  other  governmental  unit. 

Approved  February  2,  1939. 


Chap.      3  An  Act  providing  that  tree  wardens  in  towns  may  be 

ELECTED  FOR  TERMS  OF  THREE  YEARS  AS  WELL  AS  FOR 
TERMS  OF  ONE  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  forty-one  of  the  General  Laws,  as 
most  recently  amended  by  section  two  of  chapter  three 
hundred  and  forty-one  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  further  amended  by  striking  out  the 
paragraph  contained  in  the  twenty-fifth  line,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following:  — 

A  tree  warden  for  the  term  of  one  or  three  years. 

Approved  February  2,  1939. 


G.  L.  (Ter. 
Ed.),  41,  §  1. 
etc.,  amended. 


Term  of  tree 
warden  in 
towns. 


Chap. 


4  An  Act  authorizing  the  town  of  palmer  to  remove 
and  reinter  the  remains  of  certain  persons  buried 
in  the  four  corners  cemetery  in  said  town  and 
to  construct  cemetery  ways  over  the  lots  from 
which  said  remains  are  removed. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  order  to  construct  necessary  cemetery 
ways  in  the  Four  Corners  Cemetery  in  the  town  of  Palmer, 
said  town,  acting  by  its  cemetery  commissioners,  is  hereby 
authorized  to  remove  the  remains  of  certain  persons  in- 
terred in  said  cemetery  in  lots  numbered  four  hundred  and 
twenty,  five  hundred  and  sixty-four  and  five  hundred  and 
sixty-five,  together  with  any  monuments  and  stones  mark- 
ing the  graves  in  said  lots,  and  to  reinter  the  said  remains 
in  a  reverent  and  proper  manner,  and  properly  to  set  up 
any  such  monuments  and  stones,  in  other  suitable  lots  in 
said  cemeterj'-.  Said  town  is  also  authorized  to  construct 
cemetery  ways,  upon  and  over  the  lots  from  which  said 
remains  are  removed,  for  the  convenience  of  persons  using 
said  cemetery. 

Section  2.  Said  town  shall  give  not  less  than  thirty  days' 
notice  of  its  intention  to  effect  such  removal  and  reinter- 
ment by  advertising  the  same  in  a  newspaper  published  in 
said  town,  and  shall  not  cause  the  removal  and  reinterment 


Acts,  1939.  —  Chaps.  5,  6. 

of  the  remains  of  any  person  to  be  made  hereunder  if  any 
of  his  next  of  kin  objects  thereto  in  writing. 

Section  3.    Tliis  act  shall  take  effect  upon  its  passage. 
Approved  February  3,  1939. 

An  Act  abolishing  the   offices  of  tree  warden  and  (jj^Qy 
OF   local   superintendent    for    the    suppression    of  '  ' 

GYPSY  and  BROW^N  TAIL  MOTHS  AND  TENT  CATERPILLARS 
IN  THE  TOWN  OF  SWAMPSCOTT  AND  CREATING  THE  OFFICE 
OF   SUPERINTENDENT   OF   PARKS   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  park  commissioners  of  the 
town  of  Swampscott  is  hereby  authorized  to  appoint  a 
superintendent  of  parks  who,  in  addition  to  such  other 
duties  as  may  be  required  of  him  by  said  board,  shall  have 
all  the  powers  and  duties  vested  in  or  imposed  upon,  and 
shall,  except  as  herein  otherwise  provided,  be  subject  to  all 
laws  relating  to,  the  tree  warden  and  the  local  superin- 
tendent for  the  suppression  of  gypsy  and  brown  tail  moths 
and  tent  caterpillars  in  said  town,  which  offices  shall,  upon 
the  appointment  and  qualification  of  the  superintendent  of 
parks  hereunder,  be  abolished. 

Section  2.  Such  superintendent  of  parks,  who  may  be 
one  of  the  members  of  said  board  of  park  commissioners, 
shall  be  appointed  hereunder  as  soon  as  may  be  after  the 
acceptance  of  this  act  and  annually  thereafter  in  the  month 
of  January.  He  shall  receive  such  compensation  as  said 
board  may  fix;  provided,  that,  in  case  such  appointee  is  a 
member  of  said  board,  such  compensation  shall  be  fixed  by 
vote  of  the  town. 

Section  3.  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-nine,  entitled  'An  Act 
abolishing  the  Offices  of  Tree  Warden  and  of  Local  Super- 
intendent for  the  Suppression  of  Gypsy  and  Brown  Tail 
Moths  and  Tent  Caterpillars  in  the  Town  of  Swampscott 
and  creating  the  Office  of  Superintendent  of  Parks  therein', 
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  6,  1939. 


An  Act  relative  to  the  reporter  of  decisions  of  the  QJidp       g 

supreme   judicial   COURT.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  sixty-three  of  chapter  two  hundred  E.^^Tfj  g., 
and  twenty-one  of  the  General  Laws,  as  appearing  in  the  amencTed.' 


6  Acts,  1939. —Chap.  7. 

Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  second  and  third  hnes,  the  words  "governor,  with 
the  advice  and  consent  of  the  council "  and  inserting  in  place 
thereof  the  following:  —  justices  of  the  supreme  judicial 
J/nsTons  °^  court,  —  SO  as  to  read  as  follows :  —  Section  63.  There  shall 
appointment,  be  a  reporter  of  decisions  of  the  supreme  judicial  court. 
He  shall  be  appointed  by  the  justices  of  the  supreme  judi- 
cial court,  and  hold  office  at  their  pleasure. 

Section  2.  The  incumbent  of  said  office  at  the  time  this 
act  takes  effect  shall  hold  said  office  as  provided  in  section 
one. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 
Approved  February  7,  1939. 

Chap.      7  An  Act  authorizing  the  town  of  west  speingfield  to 

ESTABLISH   A    PARK   AND   PLAYGROUND   COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  established  in  the  town  of 
West  Springfield  a  park  and  playground  commission  to  con- 
sist of  six  members.  In  the  election  of  the  initial  members 
thereof,  two  shall  be  elected  to  serve  for  one  year,  two  for 
two  years,  and  two  for  three  years,  from  the  date  of  the 
annual  town  election  at  which  they  are  elected,  and  there- 
after when  the  terms  of  members  expire,  their  successors 
shall  be  elected  to  serve  for  three  years.  In  all  cases  the 
members  shall  serve  until  their  successors  are  qualified. 

Section  2.  Upon  the  qualification  of  the  initial  mem- 
bers of  said  commission,  it  shall  have  all  the  powers,  rights 
and  duties  now  or  from  time  to  time  vested  by  general  or 
special  law  in  a  park  commission  or  a  playground  commis- 
sion, and  the  park  commission  and  the  playground  com- 
mission of  said  town  shall  thereupon  be  abolished.  No 
contracts  or  liabilities  in  force  on  the  date  when  this  act 
becomes  fully  effective  shall  be  affected  by  such  abolition  but 
said  park  and  playground  commission  shall  in  all  respects 
be  the  lawful  successor  of  the  park  commission  and  the 
playground  commission  of  said  town. 

Section  3.  This  act  shall  be  submitted  to  the  legal 
voters  of  said  town  at  its  annual  town  election  in  the  year 
nineteen  hundred  and  thirty-nine,  in  the  form  of  the  fol- 
lowing question  which  shall  be  placed  on  the  official  ballot 
to  be  used  for  the  election  of  town  officers  at  said  election: 
"Shall  an  act  passed  by  the  General  Court  in  the  year 
nineteen  hundred  and  thirty-nine,  entitled  'An  Act  author- 
izing the  Town  of  West  Springfield  to  establish  a  Park  and 
Playground  Commission',  be  accepted?"  If  a  majority  of 
the  votes  cast  in  answer  to  such  question  is  in  the  affirma- 
tive, this  act  shall  become  fully  effective  beginning  with, 
and  for  the  purposes  of,  the  annual  town  election  in  the 
year  nineteen  hundred  and  forty;  but  not  otherwise. 

Approved  February  7,  1939. 


Acts,  1939. —Chaps.  8,  9. 


An  Act  reviving  society  of  st.  vincent  de  paul,  par- 
ticular COUNCIL  OF  LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Societ}^  of  St.  Vincent  de  Paul,  Particular  Council  of 
Lj^nn,  a  corporation  dissolved  by  section  one  of  chapter 
one  hundred  and  fifty-seven  of  the  special  acts  of  nineteen 
hundred  and  seventeen,  is  hereby  revived  with  the  same 
powers,  duties  and  obligations  as  if  said  chapter  had  not 
been  passed;  and  all  acts  and  proceedings  of  the  officers, 
directors  and  members  of  said  corporation  acting  as  such 
which  would  be  legal  and  valid  but  for  the  passage  of  said 
chapter  are  hereby  ratified  and  confirmed. 

Approved  February  7,  1939. 

An  Act  relative  to  the  construction  by  the  city  of 
northampton  of  flood  protection  works  along  the 
connecticut  and  mill  rivers. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Northampton,  for  the  purpose 
of  protecting  highways  and  public  or  private  property  from 
damage  by  freshet  or  any  flow  of  the  Connecticut  river  or 
the  Mill  river,  may,  by  its  city  council,  from  time  to  time, 
take  by  eminent  domain  under  chapter  seventj^-nine  of 
the  General  Laws,  or  acquire  by  purchase  or  otherwise, 
land  and  easements  in  land  and  may  construct  dikes,  walls, 
drains,  bridges  and  other  flood  protection  works.  Any  per- 
son who  is  injured  in  his  property  by  any  act  of  said  city 
under  any  provision  of  this  act  may  recover  from  said  city 
damages  therefor  under  said  chapter  seventy-nine.  Said 
flood  protection  works  may  be  constructed  in  conjunction 
with  the  Connecticut  river  flood  protection  projects  of  the 
United  States  of  America.  The  provisions  of  sections  thir- 
teen and  twenty  of  chapter  ninety-one  of  the  General  Laws 
shall  apply  to  the  projects  herein  authorized. 

Section  2.  For  the  purposes  authorized  by  section  one, 
the  city  of  Northampton  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  aggre- 
gate, one  hundred  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words, 
Northampton  Flood  Control  Loan,  Act  of  1939.  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  pro- 
vided herein,  be  subject  to  chapter  forty-four  of  the  Gen- 
eral Laws,  exclusive  of  the  limitation  contained  in  the  first 
paragraph  of  section  seven  thereof. 

Section  3.  The  orders  passed  by  the  city  of  Northamp- 
ton in  the  year  nineteen  hundred  and  thirty-eight  relating 


Chap. 


Chap. 


Acts,  1939. —Chaps.  10,  11. 

to  flood  control  in  conjunction  with  the  Federal  govern- 
ment, and  the  loan  order  approved  by  the  mayor  on  Decem- 
ber fifteenth,  nineteen  hundred  and  thirty-eight,  and  acts 
done  pursuant  to  said  orders,  are  hereby  ratified  and  con- 
firmed and  shall  have  the  same  effect  and  validity  as  if 
sections  one  and  two  had  been  in  effect  prior  to  the  passage 
of  said  orders. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 
Approved  February  8,  1939. 


Chaj).  10  An  ^^^  AUTHORIZING  BRISTOL  COUNTY  TO  EXPEND  A  CER- 
TAIN SUM  OF  MONEY  FOR  THE  PURPOSE  OF  PAYING  CERTAIN 
BILLS  OF  THE  YEAR  NINETEEN  HUNDRED  AND  THIRTY- 
EIGHT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Bristol  may  expend  eighteen 
thousand  nine  hundred  eighty-eight  dollars  and  forty-six 
cents  for  the  purpose  of  paying  certain  bills  incurred  during 
the  year  nineteen  hundred  and  thirty-eight,  as  shown  in  the 
list  on  file  in  the  office  of  the  director  of  accounts  in  the 
department  of  corporations  and  taxation,  the  said  sum  to 
be  included  in  the  appropriations  for  the  current  year  for 
said  county. 

Said  bills,  when  approved  by  the  county  commissioners, 
may  be  paid  by  the  treasurer  from  any  available  funds  or 
from  the  proceeds  of  loans  made  in  anticipation  of  taxes  of 
the  year  nineteen  hundred  and  thirty-nine. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 
Approved  February  13, 


ChaV'  11  "^^  '^^'^  REVIVING  FOR  A  LIMITED  TIME  HOLYOKE  BOX  AND 
LUMBER  COMPANY,  A  CORPORATION,  FOR  CERTAIN  PUR- 
POSES. 

Emergency  Whcrcas,    The  deferred  operation  of  this  act  would  tend 

preamble.         ^^  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Holyoke  Box  and  Lumber  Company,  a  corporation  dis- 
solved by  section  one  of  chapter  eight  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  revived  and  continued 
for  a  period  of  two  years  from  the  effective  date  of  this  act 
for  the  sole  purposes  of  selling  and  conveying  title  to  certain 
property  situated  in  the  city  of  Chicopee  and  of  distributing 
the  proceeds  of  said  sale  among  those  entitled  thereto. 

Approved  February  13,  1939. 


Acts,  1939. —Chaps.  12,  13,  14. 


An  Act  establishing  lake  wampanoag  as  the  name  of  (Jfiaj)     12 

A  certain  body  op  water  in  the  city  of   GARDNER  AND 
THE  TOWN  OF  ASHBURNHAM. 

Be  it  enacted,  etc.,  as  follows: 

The  body  of  water  in  the  city  of  Gardner  and  the  town 
of  Ashburnham,  now  known  as  the  Nashua  reservoir,  is 
hereby  named  Lake  Wampanoag,  and  shall  hereafter  be 
designated  by  said  name  on  all  official  maps. 

,   Approved  February  IS,  1939. 

An  Act  relative  to  the  fees  for  registering  instru-  pL.,j.     i  o 

MENTS  OF  taking  OF  LAND  FOR  NON-PAYMENT  OF  TAXES.         ^ '^    P  • 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-nine  of  chapter  two  hundred  and  sixty-two  g.  l.  (Ter. 
of  the  General   Laws,   as  appearing  in  the  Tercentenary  ^^e''^,fe*^,f'  ^  ■^•*' 
Edition,  is  hereby  amended  by  adding  at  the  end  the  fol-  ' 
lowing  new  paragraph :  — 

For  the  registration  of  an  instrument  of  taking  of  land  Fees, 
for  non-payment  of  taxes,  one  dollar. 

Approved  February  13,  1939. 

An  Act  providing  an  alternative  method  of  calling  Chav     14 

CORPORATE     meetings     OF     BUSINESS     CORPORATIONS     IN 
CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-five  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  fifteen,  as  appear-  fj^eAd^f'  ^  ^^' 
ing  in  the  Tercentenarj^  Edition,   and   inserting  in  place 
thereof  the  following:  —  Section  15.     If,  by  reason  of  the  stockholders' 
death  or  absence  of  the  officers  of  a  corporation,  or  other  "fiSyTuitice 
cause,  there  is  no  person  duly  authorized  to  call  or  preside  oi  the  peace, 
at  a  legal  meeting,  or  if  the  clerk  or  other  officer  refuses  or  '^''''" 
neglects  to  call  it,  a  justice  of  the  peace  may,  upon  written 
application  of  three  or  more  of  the  members  or  stockholders,    " 
or,  in  case  of  a  corporation  organized  under  chapter  one 
hundred    and    fiftj'-six,    upon   written    application    of   any 
number  of  stockholders  who  are  entitled  to  vote  and  who 
hold  at  least  one  tenth  part  in  interest  of  the  capital  stock 
entitled  to  vote  at  the  meeting,  issue  a  warrant  to  any  one 
of  them,  directing  him  to  call  a  meeting  by  giving  such 
notice  as  is  required  by  law,  and  may  in  the  same  warrant 
direct  him  to  preside  at  the  meeting  until  a  clerk  is  duly 
chosen  and  qualified  if  no  officer  is  present  legally  author- 
ized to  preside.  Approved  February  13,  1939. 


10  Acts,  1939. —Chaps.  15,  16. 


Chap.    15  An  Act  relative  to  the  par  value  of  shares  of  capital 

STOCK  OF  business  AND  CERTAIN  OTHER  CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

EdV'  ilr'i  6        Section  1.     Section   six   of   chapter   one   hundred   and 
amended.'      '    fifty-six  of  the  General  Laws,  as  appearing  in  the  Tercen- 
tenary Edition,  is  hereby  amended  by  striking  out  in  lines 
seventeen  and  twenty-one,   respectively,   the  words   "five 
dollars"  and  inserting  in  place  thereof,  in  each  instance, 
the  words :  —  one  dollar,  —  so  that  clause  (e)  of  said  section 
six  will  read  as  follows :  — 
amoilSt^fca  1-      (^)  ^^  ^^^  sharcs  with  par  value  are  to  be  issued,  the 
t^stock°with '  total  amount  of  the  capital  stock  of  the  corporation,  which 
minimlim' num-  shall  uot  be  Icss  than  one  thousand  dollars,  to  be  author- 
ber^of^shares      igcd,  and  the  uumbcr  of  shares  into  which  the  capital  stock 
par Vafue  of       is  to  bc  divided,  and  the  par  value  of  the  shares,  which  shall 
not  be  less  than  one  dollar,  or,  in  lieu  thereof,  if  any  shares 
without  par  value  are  to  be  issued,  the  number  of  shares 
without  par  value  to  be  authorized,   which  shall  not  be 
less  than  ten,  and  the  number  of  shares  having  par  value 
to  be  authorized,  if  any,  and  the  par  value  thereof,  which 
shall  not  be  less  than  one  dollar. 
EdV  17^  §  49-      Section  2.     Section  forty-nine  of  chapter  one  hundred 
ameAded."       '  and  scvcnty-five  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  inserting  after 
the  second  paragraph  the  following  new  paragraph :  — 
Par  value  of  'pj^g  p^j.  yalue  of  shares  shall  not  be  less  than  five  dollars. 

snares  oi  cer-  c-  v^^w  nrtrt 

tain  insurance  Approved  February  13,  1939. 


business 
corporations 


corporations. 


Chap.    16  An  Act  relative  to  the  tenure  of  the  present  chief 

TITLE   EXAMINER   OF   THE    LAND   COURT. 

Jr'Tambre^'^  Whcrcas,    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  six  of  chapter  four  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  thirty-eight 
is  hereby  amended  by  inserting  after  the  word  "county"  in 
the  sixth  line  the  words :  —  ,  nor  to  the  present  incumbent 
of  the  position  of  chief  title  examiner  of  the  land  court,  — 
so  as  to  read  as  follows :  —  Section  6.  The  provisions  of 
sections  one  to  five  A  of  chapter  thirty-two  of  the  General 
Laws,  or  corresponding  provisions  of  earlier  laws,  shall  not 
be  deemed  to  apply  to  the  present  incumbents  of  the  offices 
of  clerk  of  the  supreme  judicial  court  for  the  commonwealth 
and  of  clerk  of  the  superior  court  for  Suffolk  county,  nor  to 
the  present  incumbent  of  the  position  of  chief  title  examiner 
of  the  land  court,  nor  to  any  assistant  register  of  probate 
for  Suffolk  county  who  was  determined  by  the  state  board 


Acts,  1939. —Chap.  17.  11 

of  retirement,  prior  to  January  first,  nineteen  hundred  and 
thirty-eight,  not  to  be  subject  to  said  sections  or  provisions. 
The  account  of  any  such  clerk  of  the  superior  court  now  in 
the  annuity  savings  fund  shall  be  paid  to  him  immediately 
following  the  effective  date  of  this  act. 

Section  2.     This  act  shall  take  effect  as  of  June  thirti- 
eth, nineteen  hundred  and  thirty-eight. 

Approved  February  14,  19S9. 


An  Act  establishing  the  lunenburg  water  district  of  Qfi^p^    \'J 

LUNENBURG. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Lunenburg, 
liable  to  taxation  in  said  town  and  residing  within  the  terri- 
tory comprised  within  the  following  boundary  lines,  to  wit: 
beginning  at  a  point  on  the  northerly  side  of  Pierce  avenue, 
two  hundred  feet  southwesterly  from  the  intersection  of  the 
west  side  line  of  Lesure  avenue  with  the  north  side  line  of 
Pierce  avenue;  thence  northwesterly  on  a  line  parallel  to 
Lesure  avenue  and  crossing  the  prolongation  of  the  northerly 
side  line  of  Burke  street  about  two  thousand  feet  to  a  point 
four  hundred  feet  beyond  and  northwesterly  of  the  point 
where  it  crosses  said  prolongation;  thence  northeasterly 
approximately  eight  thousand  feet  to  a  point  four  hundred 
feet  northwest  of  a  point  on  the  northerly  side  line  of  Massa- 
chusetts avenue  which  is  about  nine  hundred  and  sixty  feet 
west  of  the  intersection  of  Massachusetts  avenue  and  Esta- 
brook  street;  thence  northeasterly  approximately  forty-six 
hundred  feet  to  the  intersection  of  Holman  street  and 
Highland  street;  thence  easterly  approximately  thirty-one 
hundred  feet  to  a  point  in  the  easterly  side  line  of  Northfield 
road,  which  point  is  four  hundred  feet  northerly  of  the 
intersection  of  the  northerly  side  line  of  Oak  avenue  with 
the  westerly  side  line  of  Northfield  road ;  thence  southeasterly 
about  thirty-seven  hundred  feet  to  a  point  approximately 
four  hundred  feet  north  of  a  point  on  the  northerly  side 
line  of  Massachusetts  avenue  which  is  eleven  hundred  and 
fifty  feet  east  of  the  intersection  with  Mulpus  road;  thence 
southerly  about  eight  hundred  and  fifty  feet  crossing  Massa- 
chusetts avenue  at  right  angles,  to  a  point  about  four  hun- 
dred feet  southerly  of  the  south  side  line  of  Massachusetts 
avenue;  thence  southwesterly  to  a  point  about  forty-three 
hundred  feet  distant,  which  point  is  in  the  easterly  side  line 
of  Lancaster  avenue,  and  about  thirteen  hundred  and  sev- 
enty feet  southeast  of  the  intersection  of  Lancaster  avenue 
and  Whiting  street;  thence  southwesterly  about  three 
thousand  feet  to  a  point  on  the  easterly  side  line  of  Fairview 
road  extended  to  a  point  about  two  thousand  feet  south  of 
the  intersection  of  Fairview  road  and  Leominster  road; 
thence  southerly  about  sixty-three  hundred  feet  to  the  inter- 
section of  Leominster  road  and  Fish  street;    thence  south- 


12  Acts,  1939. —Chap.  17. 

westerly  approximately  twelve  hundred  feet  to  the  intersec- 
tion of  Lincoln  street  and  the  Leominster  line;  thence  by 
the  Leominster  line  westerly  to  the  outlet  of  Whalom  lake; 
thence  by  the  easterly  and  northerly  shore  lines  of  Whalom 
lake  following  said  shore  line  to  a  point  opposite  the  inter- 
section of  Cross  street  and  Lake  avenue;  thence  from  the 
west  shore  line  of  Whalom  lake  to  the  west  side  line  of  Cross 
street  at  its  intersection  with  Lake  street;  thence  along  the 
west  side  line  of  Cross  street  northerly  to  the  southerly  side 
line  of  Whalom  road;  thence  by  the  south  side  line  of 
Whalom  road  westerly  to  a  point  one  hundred  feet  easterly 
of  the  intersection  of  Whalom  road  and  Lesure  avenue; 
thence  on  a  line  parallel  to  Lesure  avenue  southeasterly  to 
Pierce  avenue;  thence  by  Pierce  avenue  southwesterly  to 
the  point  of  beginning,  —  shall  constitute  a  fire  and  water 
district,  and  are  hereby  made  a  body  corporate  by  the  name 
of  Lunenburg  Water  District  of  Lunenburg,  hereinafter 
called  the  district,  for  the  purpose  of  supplying  themselves 
with  water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes,  with  power  to  establish  fountains  and 
hydrants  and  to  relocate  and  discontinue  the  same,  to  regu- 
late the  use  of  such  water  and  to  fix  and  collect  rates  to  be 
paid  therefor,  and  to  assess  and  raise  taxes  as  provided  herein 
for  the  payment  of  such  services  and  for  defraying  the  neces- 
sary expenses  of  carrying  on  the  business  of  said  district; 
but  subject  to  all  gwiera^l  laws  now  or  hereafter  in  force 
relating  to  such  districts,  except  as  otherwise  provided 
herein.  The  district  shall  have  power  to  prosecute  and 
defend  all  actions  relating  to  its  property  and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district, 
acting  by  and  through  its  board  of  water  commissioners 
hereinafter  provided  for,  may  contract  with  any  munici- 
pality, acting  through  its  water  department,  or  with  any 
water  company,  or  with  any  water  district,  for  whate^'er 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted,  and  may  enter  into  such  other  contracts  as 
may  be  necessary  for  the  purposes  set  forth  in  section  one 
of  this  act,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  lease,  pur- 
chase or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  spring  or  stream,  or  cf  any  ground 
sources  of  supply  by  means  of  driven,  r-rtesian  or  other  wells, 
within  said  town  of  Lunenburg,  not  already  appropriated 
for  the  purposes  of  a  public  water  supply,  and  Iho  water  and 
flowage  rights  connected  with  any  such  water  sources;  and 
for  said  purposes  may  take  as  aforesaid,  cr  acqi:iro  by  pur- 
chase or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
other  easements  necessary  for  collecting,  storing,  holding, 
purifying  and  preserving  the  purity  of  the  watir  and  for 
conveying  the  same  to  any  part  of  said  district;  i.rovided, 
that  no  source  of  water  supply  or  lands  necessary  for  pre- 
serving the  quality  of  the  water  shall  be  so  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  state 


Acts,  1939. —Chap.  17.  13 

department  of  public  health,  and  that  the  location  and 
arrangement  of  all  dams,  reservoirs,  springs,  wells,  pumping, 
purification  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.  The 
district  may  construct  and  maintain  on  the  lands  acquired 
and  held  under  this  act  proper  dams,  wells,  springs,  reser- 
voirs, standpipes,  tanks,  pumping  plants,  buildings,  fixtures 
and  other  structures,  including  also  the  establishment  and 
maintenance  of  filter  beds  and  purification  works  or  systems, 
and  may  make  excavations,  procure  and  operate  machinery 
and  provide  such  other  means  and  appliances,  and  do  such 
other  things  as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works;  and  for 
that  purpose  may  construct  pipe  lines,  wells  and  reservoirs 
and  establish  pumping  works,  and  may  construct,  lay, 
acquire  and  maintain  aqueducts,  conduits,  pipes  and  other 
works  under  or  over  any  land,  water  courses,  railroads,  rail- 
ways, and  pubHc  or  other  ways,  and  along  such  ways,  in 
said  town,  in  such  manner  as  not  unnecessarily  to  obstruct 
the  same:  and  for  the  purposes  of  constructing,  laying, 
maintaining,  operating  and  repairing  such  aqueducts,  con- 
duits, pipes  and  other  works,  and  for  all  proper  purposes  of 
this  act,  the  district  may  dig  up  or  raise  and  embank  any 
such  lands,  highways  or  other  ways  in  such  manner  as  to 
cause  the  least  hindrance  to  public  travel  on  such  ways;  pro- 
vided, that  all  things  done  upon  any  such  way  shall  be  sub- 
ject to  the  direction  of  the  selectmen  of  said  town.  The 
district  shall  not  enter  upon,  or  construct  or  lay  any  aque- 
duct, conduit,  i^ipe  or  other  works  within,  the  location  of 
any  railroad  corporation  except  at  such  time  and  in  such 
manner  as  it  may  agree  upon  with  such  corporation,  or,  in 
case  of  failure  so  to  agree,  as  may  be  approved  by  the  de- 
partment of  public  utilities.  Said  district  may  enter  upon 
any  lands  for  the  purpose  of  making  surveys,  test  wells  or 
pits  and  borings,  and  may  take  or  otherwise  acquire  the 
right  to  occupy  temporarily  any  lands  necessary  for  the 
construction  of  any  work  or  for  any  other  purpose  author- 
ized by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from  the 
district  under  said  chapter  .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. 

Sectiox  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  one  hundred  and  sixty 
thousand  dollars,  and  may  issue  bonds,  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Lunenburg  Water 


14  Acts,  1939. —Chap.  17. 

District  Loan,  Act  of  1939.  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  provisions 
of  chapter  forty-four  of  the  General  Laws  pertaining  to  such 
districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four  of  this  act;  and,  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the 
district,  and  to  make  such  payments  on  the  principal  as 
may  be  required  under  this  act,  shall  without  further  vote 
be  assessed  upon  the  district  by  the  assessors  of  said  town  of 
Lunenburg  annually  thereafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  the  provisions  of  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed ;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  supply 
under  this  act  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  such  estate  is  so  situ- 
ated that  it  can  receive  no  aid  in  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  receive  no  benefit 
in  fire  insurance  grading  therefrom,  or  both,  or  if  such 
estate  is  so  situated  that  the  buildings  thereon,  or  the  build- 
ings that  might  be  constructed  thereon,  could  not  be  sup- 
plied in  any  ordinary  or  reasonable  manner  with  water  from 
the  said  system;  but  all  other  estates  in  the  district  shall  be 
deemed  to  be  benefited  and  shall  be  subject  to  such  tax. 
A  certified  list  of  the  estates  exempt  from  taxation  under 
the  provisions  of  this  section  shall  annually  be  sent  by  said 
board  of  water  commissioners  to  said  assessors,  at  the  same 
time  at  which  the  clerk  shall  send  a  certified  copy  of  the 
vote  as  aforesaid.  The  assessment  shall  be  committed  to 
the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  by  law  for  the  collection  of  town  taxes,  and  shall 
deposit  the  proceeds  thereof  with  the  di.strict  treasurer  for 
the  use  and  benefit  of  the  district.  The  district  may  collect 
interest  on  overdue  taxes  in  the  manner  in  which  interest  is 
authorized  to  be  collected  on  town  taxes. 


Acts,  1939. —Chap.  17.  15 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to  be 
held  prior  to  the  acceptance  of  this  act,  and  any  meeting  of 
the  voters  of  the  district  to  be  held  prior  to  the  qualification 
of  a  majority  of  the  water  commissioners,  shall  be  called, 
on  petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  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  mod- 
erator 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  effect,  and  the  meeting  may  then  proceed 
to  act  on  the  other  articles  in  the  warrant.  After  the  quali- 
fication of  a  majority  of  the  water  commissioners,  meetings 
of  the  district  shall  be  called  by  warrant  under  their  hands, 
unless  some  other  method  be  provided  by  by-law  or  vote 
of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  shall  have  been  accepted,  or  thereafter, 
at  an  annual  meeting  or  at  a  special  meeting  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  3'ear,  from  the  day  of  the  next  succeeding 
annual  district  meeting,  to  constitute  a  board  of  water  com- 
missioners; and  at  every  annual  district  meeting  following 
such  next  succeeding  annual  district  meeting  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  The  date  of  the  next  annual  meeting  shall  be  fixed 
by  by-law  or  by  vote  of  the  board  of  water  commissioners, 
but  in  no  event  shall  it  be  later  than  fifteen  months  subse- 
quent to  the  date  on  which  the  water  commissioners  were 
first  elected.  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  water  commis- 
sioners are  first  elected  and  at  each  annual  district  meeting 
held  thereafter,  the  district  shall  elect  by  ballot,  each  for  a 
term  of  one  year,  a  clerk  and  a  treasurer  of  the  district. 
The  treasurer  shall  not  be  a  water  commissioner,  and  shall 
give  bond  to  the  district  in  such  an  amount  as  may  be 
approved  by  said  water  commissioners  and  with  a  surety 
company  authorized  to  transact  business  in  the  common- 


16  Acts,  1939. —Chap.  17. 

wealth  as  surety.  A  majority  of  said  water  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  dis- 
trict at  any  legal  meeting  called  for  the  purpose.  No  money 
shall  be  drawn  from  the  treasury  of  the  district  on  account 
of  its  water  works  except  upon  a  written  order  of  said  water 
commissioners  or  a  majority  of  them. 

Section  10.  Said  board  of  water  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  authorit}^  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  water 
commissioners  may  recommend,  and  in  case  a  surplus  ex- 
ceeding three  thousand  dollars  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  Said  water  commissioners  shall  annually, 
and  as  often  as  the  district  may  require,  render  a  report  upon 
the  condition  of  the  works  under  their  charge,  and  an  ac- 
count of  their  doings,  including  an  account  of  receipts  and 
expenditures. 

Section  11.  The  district  may  adopt  by-laws  prescribing 
by  whom  and  how  meetings  of  the  district  may  be  called, 
notified  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight.  The  district 
may  also  establish  rules  and  regulations  for  the  management 
of  its  water  works,  not  inconsistent  with  this  act  or  with 
law,  and  may  choose  such  other  officers  not  provided  for  in 
this  act  as  it  may  deem  necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall  for- 
feit and  pay  to  the  district  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of  tort, 
and  upon  conviction  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  of  not  more  than  one  hun- 
dred dollars  or  by  imprisonment  in  jail  for  not  more  than 
six  months. 

Section  13.  Upon  a  petition  in  writing  addressed  to  said 
board  of  water  commissioners  requesting  that  certain  real 
estate,  accurately  described  therein  located  in  said  town  and 
abutting  on  said  district,  be  included  within  the  limits 
thereof,  and  signed  by  the  owners  of  such  real  estate,  or  a 
major  portion  of  such  real  estate,  said  water  commissioners 
shall  cause  a  duly  warned  meeting  of  the  district  to  be 
called,  at  which  meeting  the  voters  may  vote  on  the  ques- 


Acts,  1939. —Chap.  18.  17 

tion  of  including  said  real  estate  within  the  district.  If  a 
majority  of  the  voters  present  and  voting  thereon  vote  in 
the  affii'mative  the  district  clerk  shall  within  ten  days  file 
with  the  town  clerk  of  said  town  and  with  the  state  secre- 
tary an  attested  copy  of  said  petition  and  vote;  and  there- 
upon said  real  estate  shall  become  and  be  part  of  the  district 
and  shall  be  holden  under  this  act  in  the  same  manner  and 
to  the  same  extent  as  the  real  estate  described  in  section  one. 
Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  district 
present  and  voting  thereon  by  the  use  of  the  check  list,  at 
a  district  meeting  called,  in  accordance  with  the  provisions 
of  section  eight,  within  three  years  after  its  passage;  but 
the  number  of  meetings  so  called  in  any  one  year  shall  not 
ekceed  three.  Approved  February  14,  1939. 

An  Act  authorizing  the  department  of  public  utili-  Qhdjj    i  e 

TIES   TO   MAKE   SUCCESSIVE    SUSPENSIONS   OF  THE   TIME   OF  ^' 

TAKING   EFFECT   OF   PROPOSED    CHANGES   IN   SCHEDULES   OF 
COMMON   CARRIERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty  of  chapter  one  hundred  and  fifty-nine  of  EdViJg'^s  ^o 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  ameAded.' 
tion,  is  hereby  amended  by  inserting  after  the  word  "sus- 
pend" in  the  seventh  line  the  words:  — ,  from  time  to 
time,  —  and  by  inserting  after  the  word  "months"  in  the 
eighth  line  the  words :  —  in  the  aggregate,  —  so  as  to  read 
as  follows :  —  Section  20.  Whenever  the  department  re-  Hearimgs  upon 
ceives  notice  of  any  changes  proposed  to  be  made  in  any  sJhXfes^etc. 
schedule  filed  under  this  chapter,  it  may,  either  upon  com- 
plaint or  upon  its  own  motion,  and  after  notice,  hold  a  pub- 
lic hearing  and  make  investigation  as  to  the  propriety  of 
such  proposed  changes.  Pending  any  such  investigation 
and  the  decision  thereon,  the  department  may,  by  order 
served  upon  the  common  carrier  affected,  suspend,  from 
time  to  time,  the  taking  effect  of  such  changes,  but  not  for 
a  longer  period  than  ten  months  in  the  aggregate  beyond 
the  time  when  the  same  would  otherwise  take  effect.  After 
such  hearing  and  investigation,  the  department  may  make, 
in  reference  to  any  new  rate,  joint  rate,  fare,  telephone 
rental,  toll,  classification,  charge,  rule,  regulation  or  form 
of  contract  or  agreement  proposed,  such  order  as  would 
be  proper  in  a  proceeding  under  section  fourteen.  At  any 
such  hearing  involving  any  proposed  increase  in  any  rate, 
joint  rate,  fare,  telephone  rental,  toll  or  charge,  the  burden 
of  proof  to  show  that  such  increase  is  necessary  to  obtain 
a  reasonable  compensation  for  the  service  rendered  shall  be 
upon  the  common  carrier.  If,  at  a  hearing  involving  any 
proposed  decrease  in  any  rate,  joint  rate,  fare,  telephone 
rental,  toll  or  charge  demanded  by  any  common  carrier,  it 
shall  appear  to  the  department  that  the  said  rate,  joint  rate, 
fare,  telephone  rental,  toll  or  charge  is  insufficient  to  yield 


18 


Acts,  1939. —Chap.  19. 


reasonable  compensation  for  the  service  rendered,  the  de- 
partment may  determine  what  will  be  a  just  and  reasonable 
minimum  to  be  charged,  and  make  an  order  that  the  com- 
mon carrier  shall  not  thereafter  demand  or  collect  less  than 
the  minimum  so  prescribed  without  first  obtaining  the  con- 
sent of  the  department,  after  a  public  hearing. 

Approved  February  15,  1939. 


Chap. 


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


Appropriations 
by  munici- 
palities to  pay 
cost  of  surety 
bonds  on  cer- 
tain officers. 


19  An  Act  authorizing  municipalities  to  appropriate 
money  for  the  purpose  of  effecting  insurance  pro- 
viding indemnity  for  or  protection  to  the  treas- 
urers and  collectors  thereof  on  account  of  loss 
of  money  for  which  said  officers  are  accountable. 

Be  it  enacted,  etc.,  as  follows: 

Clause  (1)  of  section  five  of  chapter  forty  of  the  General 
Laws,  as  most  recently  amended  by  chapter  one  hundred 
and  seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  is  hereby  further  amended  by  inserting  after  the  word 
"officer"  in  the  third  line  the  following:  —  ,  to  pay  a  proper 
charge  for  effecting  insurance  providing  indemnity  for  or 
protection  to  a  town  treasurer  or  a  town  collector  of  taxes 
against  his  liability  for  the  loss,  without  fault,  connivance 
or  neglect  on  his  part,  of  money  for  which  he  is  accountable 
to  the  town,  —  so  as  to  read  as  follows: — (1)  To  pay  a 
proper  charge  of  an  insurance  company  for  acting  as  surety 
on  the  official  bond  of  any  town  officer,  to  pay  a  proper 
charge  for  effecting  insurance  providing  indemnity  for  or 
protection  to  a  town  treasurer  or  a  town  collector  of  taxes 
against  his  liability  for  the  loss,  without  fault,  connivance 
or  neglect  on  his  part,  of  money  for  which  he  is  accountable 
to  the  town,  or  to  pay  a  proper  charge  for  effecting  insur- 
ance providing  indemnity  for  or  protection  to  any  officer  or 
employee  of  the  town  against  loss  by  reason  of  his  liability 
to  pay  damages  to  others  for  bodily  injuries,  including  death 
at  any  time  resulting  therefrom,  or  for  damage  to  property, 
caused  by  the  operation,  within  the  scope  of  his  official 
duties  or  employment,  of  motor  or  other  vehicles  owned  by 
the  town,  to  an  amount  not  exceeding  five  thousand  dollars 
on  account  of  injury  to  or  death  of  one  person,  and  not  ex- 
ceeding one  thousand  dollars  on  account  of  damage  to 
property,  or  to  pay  a  proper  charge  for  effecting  insurance 
providing  indemnity  for  or  protection  to  any  of  the  officers 
or  employees  of  the  town  named  in  section  one  hundred  of 
chapter  forty-one  against  loss  by  reason  of  any  expenses  or 
damages  within  the  provisions  of  the  said  section. 

Approved  February  16,  1939. 


Acts,  1939.  —  Chap.  20.  19 


An  Act  providing  for  the  adxMinistering  of  the  un-  Qfiap^   20 

EMPLOYMENT  COMPENSATION  LAW  BY  A  DIVISION  OF 
unemployment  compensation  in  THE  DEPARTMENT  OF 
LABOR  AND  INDUSTRIES,  UNDER  THE  SUPERVISION  AND 
CONTROL  OF  A  DIRECTOR,  CREATING  A  BOARD  TO  REVIEW 
CERTAIN  CASES  ARISING  UNDER  SAID  LAW,  REORGANIZING 
AND  FURTHER  DEFINING  THE  POWERS  AND  DUTIES  OF  THE 
STATE  ADVISORY  COUNCIL  AND  MAKING  CERTAIN  OTHER 
CHANGES   IN   SAID   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  twenty-three  of  the  General  Laws  g.l.  (Ter. 
is  hereby  amended  by  striking  out  sections  nine  I  to  nine  N,  t^o'gNJ^etl?  ^^ 
inclusive,  inserted  by  section  four  of  chapter  four  hundred  ^*j[^''^;^^°g^. 
and   seventy-nine   of   the   acts    of   nineteen   hundred   and  tions  9i  to  9N, 
thirty-five,  and  inserting  in  place  thereof  the  six  following  ^'^'''"^'■ 
sections :  —  Section  91.     (a)  There  shall  be  in  the  department,  ^lll^^"{^^  ""^^^^^^ 
but  not  subject  to  its  direction,  a  division  of  unemployment  con^prasatTon, 
compensation,  in  this  and  the  five  following  sections  called  '^''^'''^^^'^■ 
the  division,  which  shall  be  under  the  supervision  and  control 
of  a  director,  in  said  sections  called  the  director,  who  shall 
be  appointed  by  the  governor  for  a  term  of  five  years  and 
shall  administer  the  provisions  of  chapter  one  hundred  and 
fifty-one  A.     The  director  shall  devote  his  whole  time  in 
office  hours  to  the  duties  of  his  office  and  he  shall  not  serve 
on  any  political  committee  of  any  political   party.     The 
director  may,  with  the  approval  of  the  governor,  appoint 
deputies  or  assistants  in  such  number,  not  exceeding  five, 
as  may  be  determined  by  the  governor.    One  of  such  deputies 
or  assistants  shall  be  designated  to  be  the  labor  relations 
representative.    Such  deputies  or  assistants  may  be  removed 
by  the  director  for  cause,  subject  to  the  approval  of  the 
state  advisory  council  established  under  clause  (a)  of  section 
nine  N.     Said  offices  and  the  incumbents  thereof  shall  not 
be  subject  to  chapter  thirty-one  and  the  rules  and  regulations 
made  thereunder. 

(6)   The  director  shall  receive  a  salary  of  seventy-five  salary. 
hundred  dollars  and  each  of  said  deputies  or  assistants  shall 
receive  such  salary,  not  exceeding  five  thousand  dollars,  as 
may  be  fixed  by  the  director,  with  the  approval  of  the 
governor. 

Section  9J.  The  director  may  adopt,  amend,  alter  or  Rules  and 
repeal,  and  shall  enforce,  all  such  reasonable  rules,  regula-  ''^s"'''*'°"^- 
tions  and  orders  as  may  be  necessary  or  suitable  for  the  ad- 
ministration and  enforcement  of  chapter  one  hundred  and 
fifty-one  A.  Such  rules  and  regulations,  and  any  amend- 
ments, alterations  or  repeals  thereof,  shall,  so  far  as  they 
affect  the  property  rights  of  any  class  of  employers  or  em- 
ployees, be  subject  to  the  approval  of  said  state  advisory 
council,  and  shall,  upon  the  filing  with  the  state  secretary 
of  a  certified  copy  thereof  and  a  certificate  that  they  have 
been  approved  by  said  state  advisory  council  if  subject  to 


20 


Acts,  1939.  —  Chap.  20. 


Appoint 
of  emplc 


Bureau  of 
public  em- 
ployment 
offices. 


Employment 
districts. 


such  approval,  have  the  force  and  effect  of  law.  Copies  of 
such  rules  and  regulations,  and  amendments,  alterations 
and  repeals  thereof,  shall  be  provided  by  the  director  for 
public  distribution.  The  director  may  make  any  expendi- 
tures, subject  to  appropriation,  require  any  reports  and 
take  anj^  other  action,  necessary  and  suitable  to  carry  out 
the  provisions  of  said  chapter.  He  shall  make  an  annual 
report  to  the  governor  and  to  the  general  com-t  covering  the 
administration  and  operation  of  said  chapter  during  the 
preceding  fiscal  year,  together  with  such  recommendations 
as  he  deems  proper. 

Section  9K.  Subject  to  appropriation,  the  director  may 
appoint  and  employ  all  officers,  accountants,  clerks,  secre- 
taries, agents,  investigators,  auditors  and  other  officers  and 
employees,  necessary  for  the  proper  administration  of  chap- 
ter one  hundred  and  fifty-one  A.  All  persons  so  appointed 
or  employed  shall  be  selected  on  a  non-partisan  merit  basis, 
subject  to  chapter  thirty-one  and  the  rules  and  regulations 
made  thereunder,  and  also  subject  to  such  rules  and  regula- 
tions consistent  therewith  as  may  be  adopted  b}'^  the  director. 
The  director  shall  not  appoint  or  employ  any  person  who 
is  serving  as  an  officer  or  committee  member  of  any  political 
party.  The  director  shall  fix  the  duties  and  powers  of  all 
persons  appointed  and  employed  by  him,  and  may  author- 
ize any  such  person  to  perform  any  of  the  functions  of  the 
director  under  this  chapter.  The  director  may,  in  his  dis- 
cretion, bond  any  person  handling  moneys  or  signing  checks 
hereunder. 

Section  9L.  There  shall  be  in  the  division,  subject  to  the 
supervision  and  control  of  the  director,  a  bureau  of  public 
employment  offices  in  charge  of  one  of  the  deputies  or  assist- 
ants appointed  under  section  nine  I  and  designated  by  the 
director.  It  shall  have  control  of  the  establishment,  main- 
tenance and  operation  of  free  public  employment  offices  by 
the  commonwealth.  The  division  shall  be  the  state  agency 
for  co-operation  with  the  United  States  Employment  Service 
under  chapter  forty-nine  of  the  acts  of  the  seventy-third  con- 
gress, session  I,  known  as  the  Wagner-Peyser  Act,  and  shall 
have  all  the  powers  of  such  an  agency  as  specified  in  said  act. 

Section  9M.  The  director  shall  divide  the  commonwealth 
into  employment  districts.  Subject  to  appropriation,  he 
may  establish  and  maintain  such  additional  free  public 
employment  offices  as  he  may  find  necessary,  and  may  fur- 
ther establish  such  branch  or  local  offices  within  each  district 
as  he  may  find  necessary  or  convenient  for  the  proper  admin- 
istration of  chapter  one  hundred  and  fifty-one  A.  Each 
district  office  shall  be  in  charge  of  a  district  superintendent. 
Each  branch  or  local  office  shall  be  in  charge  of  a  branch  or 
local  manager.  Said  district  and  branch  or  local  offices  shall 
be  available  for  the  payment  of  benefits,  presentation  of 
claims,  registration  of  the  unemployed,  action  to  procure 
employment  for  the  unemployed,  and  for  the  proper  admin- 
istration of  said  chapter. 


Acts,  1939.  —  Chap.  20.  21 

Section  9N.  (a)  There  shall  be  in  the  division,  but  not  fj^g^^rv 
subject  to  the  control  of  the  director,  a  state  advisory  coun-  coiUidr 
cil  of  six  members,  citizens  of  the  commonwealth,  to  be 
appointed  by  the  governor.  Two  of  said  members  shall  be 
persons  who,  because  of  their  vocations,  employments,  occu- 
pations or  affiliations,  can  be  classed  as  employers;  two 
shall  be  persons  who,  for  like  reasons,  can  be  classed  as  em- 
ployees; and  two  shall  be  persons  representative  of  the 
public.  The  governor  shall  from  time  to  time  designate  as 
chairman  one  of  the  members  who  was  appointed  as  repre- 
sentative of  the  public.  Of  the  members  originally  ap- 
pointed, one  of  each  of  the  aforesaid  groups  shall  be  chosen 
for  a  term  of  four  years,  and  one  of  each  group  for  a  term  of 
six  years;  and  thereafter  as  their  terms  expire  the  governor 
shall  appoint  members  for  terms  of  six  years.  Vacancies 
shall  be  filled  by  appointment  by  the  governor,  for  the 
remainder  of  the  unexpired  term.  All  members  shall  serve 
until  the  qualification  of  their  respective  successors.  Each 
of  the  members  of  the  council  shall  receive  the  sum  of  fifteen 
dollars  as  compensation  for  each  day's  attendance  at  meet- 
ings of  the  council;  provided,  that  the  total  amount  paid 
hereunder  to  any  such  member  shall  not  exceed  fifteen  hun- 
dred dollars  in  any  period  of  twelve  months.  The  council 
shall  meet  at  least  once  a  month.  Members  of  the  council 
shall  receive  their  traveling  and  other  necessary  expenses 
incurred  in  the  performance  of  their  duties.  The  director 
shall  provide  for  the  council  suitable  quarters  and  such 
clerical  and  other  assistance  as  the  council  may  deem  neces- 
sary. Said  offices  and  the  incumbents  thereof  shall  not  be 
subject  to  chapter  thirty-one  and  the  rules  and  regulations 
made  thereunder. 

(6")  There  shall  be  in  the  division  a  board  of  review  con-  Board  of 
sisting  of  three  persons  to  be  appointed  by  the  governor.  '"'''^'«^- 
Of  the  members  first  appointed,  one  shall  be  appointed  for  a 
term  of  two  years,  one  for  a  term  of  four  j^ears  and  one  for  a 
term  of  six  years,  and  thereafter  as  the  term  of  a  member 
expires  the  governor  shall  appoint  his  successor  for  a  term  of 
six  years.  Vacancies  shall  be  filled  in  like  manner  for  the 
remainder  of  the  unexpired  term.  All  members  shall  serve 
until  the  qualification  of  their  respective  successors.  The 
governor  shall  from  time  to  time  designate  one  of  the  mem- 
bers as  chairman.  Said  offices  and  the  incumbents  thereof 
shall  not  be  subject  to  chapter  thirty-one  and  the  rules  and 
regulations  made  thereunder.  Each  member  of  the  board 
shall  receive  the  sum  of  fifteen  dollars  for  each  day's  service 
in  the  performance  of  his  official  duties  for  not  more  than 
three  hundred  days  during  the  first  year  of  the  existence  of 
the  board,  and  for  not  more  than  two  hundred  days  a  year 
thereafter.  Members  of  the  board  shall  receive  their  travel- 
ing and  other  necessary  expenses  incurred  in  the  performance 
of  their  duties. 

Section  2.     Section   one   of   chapter   one   hundred   and  g  i-.  (Ter. 
fifty-one  A  of  the  General  Laws  is  hereby  amended   by  ..tV.'amonde.i'' 


22 


Acts,  1939.  —Chap.  20. 


G.  L.  (Ter. 
Ed.),  lolA, 
§§  26  to  33, 
etc.,  stricken 
out,  and  new 
§§26  to  31. 
inserted. 

Benefit  claims 


Presentation 
of  claims. 


Determination 
of  amount  of 
benefit 
payable. 


Application 
for  review. 


Examiners, 
appointment  i 


striking  out  subsection  (h),  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:  — 

(6)  "Director",  the  director  of  the  division  of  unemploy- 
ment compensation  established  under  section  nine  I  of 
chapter  twenty-three. 

Section  3.  Said  chapter  one  hundred  and  fifty-one  A  is 
hereby  further  amended  by  striking  out  sections  twenty-six 
to  thirty-three,  inclusive,  as  so  appearing  and  as  amended, 
and  inserting  in  place  thereof  the  six  following  sections:  — 
Section  26.  Benefit  claims  shall  be  filed  at  the  employment 
office  at  which  the  claimant  has  registered  as  unemployed. 
Such  claims  shall  be  filed  in  such  form,  at  such  time  and  in 
such  manner  as  the  director  shall  prescribe,  subject  to  the 
approval  of  the  state  advisory  council  established  under 
clause  (a)  of  section  nine  N  of  chapter  twenty-three. 

Failure  to  make  a  claim  within  the  time  limited  by  the 
director  shall  not  bar  proceedings  under  this  chapter  if  such 
failure,  in  the  opinion  of  the  director,  was  occasioned  by 
mistake  or  other  reasonable  cause,  or  if  the  employer  or  other 
interested  parties  were  not  prejudiced  by  the  delay. 

Section  27.  The  director  shall  prescribe  the  manner  in 
which  claims,  other  than  disputed  claims,  shall  be  presented, 
the  reports  on  claims  required  from  the  claimant  and  from 
employers,  and  the  conduct  of  hearings,  other  than  those 
on  appeals.  Such  procedure  shall  be  designed  to  ascertain 
the  substantive  rights  of  the  parties  involved,  without 
regard  to  common  law  or  statutor}^  rules  of  evidence  and 
other  technical  rules  of  procedure. 

Section  28.  The  director  or  his  authorized  representative 
shall  promptly  determine,  in  accordance  with  the  procedure 
established  by  the  director,  and  after  making  such  inquiries 
and  investigation  as  he  deems  necessary,  whether  or  not  the 
claim  is  vaHd  and  the  amount,  if  any,  of  the  benefits  payable 
thereunder,  and  shall  promptly  give  notice  of  such  decision, 
together  with  the  reasons  therefor,  to  the  claimant,  to  his 
most  recent  employer  and  to  such  other  persons  as  the  direc- 
tor may  prescribe.  In  accordance  with  the  procedure  pre- 
scribed by  the  director,  benefits  shall  be  paid  or  denied  unless, 
within  five  days  after  receipt,  but  in  no  case  more  than 
seven  days  after  mailing,  of  such  notification,  the  claimant 
or  an  interested  person  affected  thereby  files  an  application 
for  a  review  by  the  board  of  review  established  under  clause 
(6)  of  section  nine  N  of  chapter  twenty-three. 

Section  29.  Unless  such  application  for  a  review  is  with- 
drawn, the  board  of  review,  after  affording  the  parties 
reasonable  opportunity  for  fair  hearing,  shall  affirm  or 
modify  the  findings  of  fact  and  decision  of  the  director  or  his 
authorized  representative.  The  board  of  review  may  appoint 
one  or  more  examiners,  selected  in  accordance  with  section 
nine  K  of  said  chapter  twenty-three,  to  conduct  such  hear- 
ings, and  the  decision  of  any  examiner  so  appointed  shall  be 


Acts,  1939. —Chap.  20.  23 

deemed  to  be  the  decision  of  the  board  of  review  from  the 
date  of  the  fiHng  thereof  with  the  director,  unless  the  said 
board,  on  its  own  motion  or  on  appHcation  duly  made  to  it, 
modifies  or  rescinds  such  decision.  The  parties  shall  be  duly 
notified  of  the  decision  of  the  board  of  review  together  with 
its  reasons  therefor.  No  member  or  representative  of  the 
said  board  shall  participate  in  any  case  in  which  he  is  an 
interested  party.  The  manner  in  which  disputed  claims 
shall  be  presented,  and  the  conduct  of  hearings  on  appeals, 
shall  be  in  accordance  with  regulations  prescribed  by  the 
board  of  review  for  determining  the  rights  of  the  parties, 
whether  or  not  such  regulations  conform  to  common  law  or 
statutory  rules  of  evidence  and  other  technical  rules  of  pro- 
cedure. Such  regulations  shall  include  provision  for  the 
following :  — 

(a)  Reasonable  notice  of  the  time  and  place  of  the  hearing 
to  all  parties  in  order  to  permit  adequate  preparation; 

(6)  The  right  of  representation  by  an  agent  or  counsel; 

(c)  The  right  to  produce  evidence  and  offer  testimony, 
examine  and  cross-examine  witnesses; 

(d)  Making  information  in  the  reports  submitted  to  the 
director  available  to  the  claimant  at  the  hearing  to  the 
extent  necessary  for  the  proper  presentation  of  his  claim. 

A  full  and  complete  record  shall  be  kept  of  all  proceedings 
in  connection  with  a  disputed  claim.  All  testimony  at  any 
hearing  upon  a  disputed  claim  shall  be  recorded  but  need  not 
be  transcribed  unless  the  disputed  claim  is  further  appealed. 

Unless  a  petition  is  brought  under  section  thirty,  the 
decision  of  the  board  of  review  shall  be  final  on  all  questions 
of  fact  and  of  law,  and  the  director  shall  thereupon  authorize 
•the  payment  of  the  benefits,  if  any,  found  payable. 

Section  30.  Any  interested  person  aggrieved  by  any  Review 
decision  of  fact  or  of  law  in  any  proceedings  under  this  ^^'  ''°'"^- 
chapter  may,  after  exhaustion  of  other  appellate  remedies 
provided  in  sections  twenty-eight  and  twenty-nine,  bring  a 
petition  in  the  district  court  within  the  judicial  district 
whereof  he  lives  or  is  or  was  employed,  addressed  to  the 
justice  of  the  court,  praying  that  such  decision  may  be  re- 
viewed by  the  court,  and,  after  such  notice  as  the  court 
deems  necessary,  it  shall  review  such  decision,  hear  any  or 
all  of  the  witnesses  and  determine  whether  or  not  upon  the 
law  and  the  evidence  such  decision  was  justified,  and  shall 
thereupon  affirm,  modify  or  revoke  such  decision.  The 
director  shall  thereupon  enter  an  order  in  accordance  with 
the  decision  of  the  court.  The  director  shall  be  deemed  to 
be  a  party  to  any  petition  for  review  hereunder  involving 
any  such  decision. 

The  supreme  judicial  court,  upon  a  bill  in  equity  brought 
by  the  director  against  a  claimant  and  all  other  interested 
persons,  may  determine  any  question  of  law  arising  upon 
any  claim  filed  under  section  twenty-six,  and  shall  also  have 
general  jurisdiction  in  equity,  upon  a  bill  brought  by  the 
director,  to  enforce  this  chapter. 


24 


Acts,  1939.  —  Chap.  20. 


Power  to 
administpr 
oaths,  Ptr. 


G.  L.  (Ter. 
Ed.),  151A, 
§  41,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  151A, 
§  45,  etc., 
amended. 


In  any  action  to  enforce  any  provision  of  this  chapter,  or 
in  any  criminal  proceedings  thereunder,  the  director  shall  be 
represented  by  the  attorney  general,  or  by  an  attorney  at 
law  designated  by  the  attorney  general  for  such  purpose. 

Section  31.  In  the  discharge  of  the  duties  prescribed  by 
this  chapter,  the  director  and  the  members  of  the  board  of 
review  and  of  the  state  advisory  council,  or  the  duly  au- 
thorized representative  of  any  of  them,  shall  have  power  to 
administer  oaths,  take  depositions,  certify  to  official  acts, 
and  require  by  summons  the  attendance  of  witnesses  and 
the  production  of  books,  papers,  documents  and  records. 
Witnesses  so  summoned  shall  be  paid  for  attendance  and 
travel  the  same  fees  as  witnesses  in  civil  actions  before  the 
courts.  Such  fees  shall  be  paid  from  the  unemployment 
compensation  administration  account. 

In  case  of  refusal  to  obey  a  subpoena  issued  to  any  person 
under  authority  of  this  chapter,  any  court  of  the  common- 
wealth, within  the  jiu-isdiction  of  which  the  inquiry  is  carried 
on  or  the  person  so  refusing  to  obey  is  found  or  resides  or 
transacts  business,  may,  upon  application  by  the  director  or 
his  duly  authorized  representative  or  the  board  of  review, 
issue  to  such  person  an  order  requiring  him  to  appear  before 
the  director,  or  his  duly  authorized  representative  or  the 
board  of  review,  as  the  case  may  be,  to  produce  evidence  if 
so  ordered  or  to  give  testimony  touching  the  matter  under 
investigation  or  in  question;  and  any  failure  to  obey  such 
order  of  the  court  may  be  punished  by  said  court  as  a  con- 
tempt thereof. 

No  person  shall  be  excused  from  giving  testimony,  or  from 
producing  any  book,  record,  document  or  other  paper,  perti- 
nent to  the  matter  in  question,  in  any  investigation  or 
inquiry  by,  or  upon  any  hearing  before,  the  director  or  the 
board  of  review  or  the  duly  authorized  representative  of  the 
director  or  of  said  board,  when  ordered  to  do  so  by  the 
director,  or  said  board,  or  such  representative,  respectively, 
upon  the  ground  that  the  testimony  or  the  book,  record, 
document  or  other  paper  required  of  him  may  tend  to  in- 
criminate him  or  subject  him  to  a  penalty  or  forfeiture;  but 
no  person  shall  be  prosecuted,  punished  or  subjected  to  any 
penalty  or  forfeiture  for  or  on  account  of  any  act,  transac- 
tion, matter  or  thing  concerning  which,  after  claiming  his 
privilege,  he  shall  by  order  have  testified  or  produced  docu- 
mentary evidence,  except  for  perjury  committed  in  giving 
such  testimony  or  forgery  committed  by  him  in  such  docu- 
mentary evidence. 

Section  4.  Section  forty-one  of  said  chapter  one  hun- 
dred and  fifty-one  A,  as  so  appearing,  is  hereby  amended 
by  striking  out  the  second  sentence  and  inserting  in  place 
thereof  the  following  sentence:  —  The  board  shall  consist  of 
the  state  treasurer,  the  director  and  the  chairman  of  the 
state  advisory  council,  or  their  authorized  representatives. 

Section  5.  Said  chapter  one  hundred  and  fifty-one  A  is 
hereby  further  amended  by  striking  out  section  forty-five, 


Acts,  1939.  —  Chap.  20.  25 

as  so  appearing,  and  inserting  in  place  thereof  the  following: 
—  Section  \5.  The  state  advisory  council  shall  perform  all  ^^^^^^u!^''*""''^ 
the  duties  imposed  on  it  by  this  chapter  and,  in  addition,  Powers" and 
shall  consider  and  advise  the  director  upon  all  matters  con-  '^"*'^^' 
nected  with  this  chapter  submitted  to  it  by  the  director.  It 
shall  have  full  investigatory  powers,  and  shall  have  direct 
access  to  all  sources  of  information  relating  to  employment. 
It  shall  promote  as  far  as  possible  the  regularization  of  em- 
ployment within  the  commonwealth.  It  shall  so  aid  in  the 
formation  of  policies  related  to  the  administration  of  this 
chapter  as  to  insure  a  fair,  impartial  and  neutral  adminis- 
tration thereof,  free  from  political  influences.  It  shall  report 
to  the  governor  at  least  quarterly,  and  to  the  general  court 
biennially,  and  at  such  other  times  as  the  general  court  may 
require,  its  conclusions  and  recommendations  with  respect 
to  the  administration  of  this  chapter.  Said  reports  shall 
relate  particularly  to  the  actuarial  status  of  the  unemploy- 
ment compensation  fund  and  shall  set  forth  such  changes 
in  or  additions  to  this  chapter  with  respect  to  contributions, 
benefits  or  other  provisions  thereof,  as  are,  in  its  opinion, 
necessary  for  maintaining  the  solvency  of  said  fund.  It 
shall  also  investigate  and  study  all  proposals  for  changes  in 
or  additions  to  the  provisions  of  this  chapter  pending  before 
the  general  court,  including  proposals  made  by  the  director, 
and  shall  report  to  the  general  court  its  recommendations 
with  respect  thereto.  Reports  made  by  said  council  to  the 
governor  hereunder  shall  be  open  to  public  inspection. 

Section  6.  The  unemployment  compensation  commis-  Temporary 
sion  existing  on  the  effective  date  of  this  section  is  hereby  ^*'''*'°" 
abolished,  and  all  books  and  papers  of  said  commission 
shall  upon  said  date  be  turned  over  to  the  director  of  the 
division  of  unemplojmient  compensation  appointed  as  pro- 
vided in  section  one  of  this  act.  The  state  advisory  council 
existing  on  said  date  is  hereby  abolished.  All  unexpended 
balances  of  moneys  heretofore  appropriated  for  said  unem- 
ployment compensation  commission  shall  be  immediately 
available  for  expenditure  by  said  division  of  unemployment 
compensation.  Persons  lawfully  employed  and  serving  un- 
der said  unemplojTnent  compensation  commission  are 
hereby  transferred  to  serve  under  said  director  without 
impairment  of  any  rights  to  which  they  may  be  lawfully 
entitled;  provided,  that  nothing  herein  shall  be  construed 
to  validate  or  ratify  the  appointment  or  employment  of  any 
employee  of  said  commission  that  may  not  have  been  made 
in  compliance  with  any  law,  rule  or  regulation  governing 
or  regulating  such  appointment  or  employment,  or  to  pre- 
vent the  director  from  removing  such  of  the  employees  so 
transferred  as,  in  his  judgment,  are  not  necessary  for  the 
operation  of  the  division  established  by  this  act 

Section  7.     The  powers  and  duties  of  the  unemploy-  Transfer  of 
ment  compensation  commission  abolished  by  this  act  shall,  exiMinV'^ 
except  as  otherwise  provided  therein,  be  exercised  and  per-  commission. 
formed  by  the  director  of  the  division  of  unemployment 


26  Acts,  1939.  —  Chap.  20. 

compensation  appointed  as  provided  in  said  section  one, 
and,  when  used  in  any  statute,  rule  or  regulation,  the  word 
"commission"  when  referring  to  said  unemployment  com- 
pensation  commission,  and  the  phrase  "unemployment  com- 
pensation commission"  or  any  words  connoting  the  same, 
shall  mean  the  director  of  the  division  of  unemployment 
compensation  appointed  as  provided  in  said  section  one, 
unless  a  contrary  intent  clearly  appears. 

^fXre^ct^retc.  Section  8,  The  governor  shall  forthwith  appoint  the 
director  of  said  division  of  unemployment  compensation, 
the  members  of  the  board  of  review  and  the  members  of 
the  state  advisory  council,  as  provided  in  said  section  one. 
Upon  the  expiration  of  their  respective  terms,  their  succes- 
sors shall  be  appointed  as  provided  in  said  section  one. 

Effective  Section  9.    Section  eight  of  this  act  shall  take  effect  at 

the  earliest  time  that  it  may  take  effect,  conformably  to 
the  constitution,  and  all  other  provisions  of  this  act  shall 
take  effect  upon  the  qualification  of  said  director  of  the 
division  of  unemployment  compensation  appointed  as  pro- 
vided in  said  section  one.         Approved  February  17,  1939. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  February  17,  1939. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth, 
State  House,  Boston,  Massachusetts. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment 
to  the  Constitution,  "The  Referendum  II,  Emergency 
Measures"  do  declare  that,  in  my  opinion,  the  immediate 
preservation  of  the  pubUc  peace,  health,  safety  and  con- 
venience requires  that  the  law  passed  on  the  seventeenth 
day  of  February  in  the  year  nineteen  hundred  and  thirty- 
nine,  entitled  "An  Act  providing  for  the  administering  of 
the  Unemployment  Compensation  Law  by  a  Division  of 
Unemployment  Compensation  in  the  Department  of  Labor 
and  Industries,  under  the  Supervision  and  Control  of  a 
Director,  Creating  a  Board  to  Review  Certain  Cases  aris- 
ing under  said  Law,  Reorganizing  and  Further  Defining 
the  Powers  and  Duties  of  the  State  Advisory  Council  and 
Making  Certain  other  Changes  in  Said  Law"  should  take 
effect  forthwith,  that  it  is  an  emergency  law,  and  that  the 
facts  constituting  the  emergency  are  as  follows: 

Because  its  delayed  operation  will  result  in  inconvenience 
and  suffering  to  many  of  our  citizens  and  in  vital  impair- 
ment of  the  administration  of  an  important  state  service. 
Sincerely  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretart,  Boston,  February  17,   1939. 

I  hereby  certify  that  the  accompanjdng  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 


Acts,  1939. —Chaps.  21,  22.  27 

Commonwealth  of  Massachusetts  at  three  o'clock  and  thir- 
teen minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Con- 
stitution said  chapter  takes  effect  forthwith,  being  chapter 
twenty  of  the  acts  of  nineteen  hundred  and  thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 


An  Act  authorizing  the  town  of  clarksburg  to  vote  nj^Qy    21 

AT    its    current    ANNUAL    TOWN    MEETING    ON    THE    QUES-  ^' 

TION    of    granting    LICENSES    FOR    THE    RETAIL    SALE    IN 
SAID    TOWN    OF   ALCOHOLIC    BEVERAGES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  clerk  of  the  town  of  Clarksburg 
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  first  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 
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  ques- 
tion by  including  an  article  in  the  regular  warrant  for  such 
meeting,  or  by  serving  as  early  as  possible  before  such  meet- 
ing a  supplementary  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  authorized  for  the  remainder  of  the  calendar  year 
nineteen  hundred  and  thirty-nine,  and  for  the  calendar 
year  nineteen  hundred  and  forty,  the  retail  sale  therein  of 
all  alcoholic  beverages,  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  Gen- 
eral 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  February  17,  1939. 


An  Act  authorizing  the  town  of  winthrop  to  con-  (jfi^j)    22 
tribute  toward  the  cost  of  railroad  service  by  the  ^' 

BOSTON,  revere  BEACH  AND  LYNN  RAILROAD  COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  town  of  Winthrop  from  time  to  time 
for  the  purpose  of  avoiding  a  reduction  or  discontinuance 
of  railroad  service  by  the  Boston,  Revere  Beach  and  Lynn 
Railroad   Company   may   contribute   to   the   cost   of   such 


28 


Acts,  1939.  —  Chaps.  23,  24. 


service  on  such  terms  and  conditions,  if  any,  and  to  such 
extent  as  to  said  town  from  time  to  time  may  seem  best. 

Section  2.  This  act  shall  take  effect  upon  its  passage, 
but  shall  be  inoperative  after  May  first,  nineteen  hundred 
and  forty-one.  Approved  February  17,  1939. 


Chap.   23  An  Act  providing  for  the  licensing  without  fee  of 

CERTAIN    DOGS    SPECIALLY    TRAINED    TO    LEAD    AND    SERVE 
THE    BLIND. 

prTambre^^  TT/iergas,    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  one  hundred  and  thirty-nine  of  chapter  one  hun- 
dred and  forty  of  the  General  Laws,  as  amended  by  section 
five  of  chapter  three  hundred  and  twenty  of  the  acts  of 
nineteen  hundred  and  thirty-four,  is  hereby  further  amended 
by  adding  at  the  end  the  following  sentence :  —  No  fee  shall 
be  charged  for  a  license  for  a  dog  specially  trained  to  lead 
or  serve  a  bhnd  person;  provided,  that  the  division  of  the 
Wind  certifies  that  such  dog  is  so  trained  and  actually  in 
the  service  of  a  blind  person. 

Approved  February  17,  1939. 


G.  L.  (Ter. 
Ed.),  140, 
§  139,  etp., 
amended. 


Licensing  of 
certain  dogs 
without  fee. 


Chap.   24  An  Act  further  amending  the  laws  relative  to  the 

TAXATION   OF   TRAILERS. 

E^mergency  Whereos,    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  ten  of  chapter  forty-four  of  the  Gen- 
eral Laws,  as  amended  by  section  six  of  chapter  two  hun- 
dred and  twenty-four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  inserting  after  the 
word  "vehicles"  in  the  ninth  fine  the  words:  —  and  trail- 
ers,—  so  as  to  read  as  follows:  —  Section  10.  Except  as 
otherwise  authorized  by  law,  a  city  shall  not  authorize 
indebtedness  to  an  amount  exceeding  two  and  one  half  per 
cent,  and  a  town  shall  not  authorize  indebtedness  to  an 
amount  exceeding  three  per  cent,  on  the  average  of  the 
assessors'  valuations  of  the  taxable  property  for  the  three 
preceding  years,  the  valuations  being  first  reduced  by  the 
amount  of  all  abatements  allowed  thereon  previous  to  De- 
cember thirty-first  of  the  preceding  year;  provided,  that 
the  value  of  motor  vehicles  and  trailers  taxable  under 
chapter  sixty  A,  as  determined  thereunder,  shall  be  used 
in  determining  the-  valuation  of  taxable  property  for  the 


G.  L.  (Ter. 
Ed.),  44,  §  10, 
etc.,  amended. 


Debt  limit. 


Acts,  1939.  —  Chap.  24.  29 

purposes  of  this  section.  All  debts,  except  those  expressly 
authorized  by  law  to  be  incurred  outside  the  debt  limit, 
shall  be  reckoned  in  determining  its  limit  of  indebtedness 
under  this  section.  In  determining  the  debt  limit  for  Bos- 
ton hereunder  the  provisions  of  chapter  ninety-three  of 
the  acts  of  eighteen  hundred  and  ninety-one  and  of  section 
one  of  chapter  one  hundred  and  ninety-one  of  the  acts  of 
nineteen  hundred  and  three  shall  apply. 

Section  2.    Section  five  of  chapter  fiftj-nine  of  the  Gen-  g.  i..  (Ter. 
eral   Laws,   as   most   recently   amended   by   chapter   three  ^^tc'! 'amended. 
hundred  and  seventeen  of  the  acts  of  nineteen  hundred  and 
thirty-eight,   is   hereby   further   amended    by   striking   out 
clause  thirty-fifth,  as  appearing  in  the  Tercentenary  Edi- 
tion, and  inserting  in  place  thereof  the  following :  — 

Thirty-fifth,  Motor  vehicles  and  trailers  subject  to  taxa-  Exemptions. 
tion  under  the  provisions  of  chapter  sixty  A,  irrespective 
of  the  date  of  registration  thereof  under  chapter  ninety. 

Section  3.     Section  seventy-four  of  said  chapter  fifty- o.  l.  (Ter. _ 
nine,  as  amended  by  section  forty-five  of  chapter  two  hun-  ^tt! 'amended. 
dred  and  fifty-four  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  further  amended  bj^  inserting  after 
the  word  ''vehicles"  in  the  fourth  line  the  word: — ,  trail- 
ers,—  and  b}^  inserting  after  the  word   "vehicle"  in  the 
fourteenth  line  the  words :  —  or  trailer,  —  so  as  to  read  as 
follows:  —  Sectio7i  74-     Whenever  an  abatement  is  finally  Notice  to  com- 
made  to  any  corporation  taxable  under  chapter  sixty-three  J?^rTarn  "^"^  °^ 
upon  any  tax  assessed  by  the  assessors  of  any  town,  upon  abatements. 
or  in  respect  of  works,  structures,  real  estate,  motor  vehi- 
cles, trailers,  machinery,  poles,  underground  conduits,  wires 
and  pipes,  the  assessors,  commissioners  or  court  granting 
such   abatement   shall   forthwith   notify   the   commissioner 
thereof,  and  shall  state  in  such  notice  what  sum  was  deter- 
mined by  such  assessors,  commissioners  or  court  to  have 
been  the  full  and  fair  cash  value  of  such  works,  structures, 
real  estate,  machinery,  poles,  underground  conduits,  wires 
and  pipes  on  the  first  day  of  January  on  which  the  tax  so 
abated  was  originally  assessed  or  to  have  been  the  proper 
value  of  any  such  motor  vehicle  or  trailer  owned  by  such 
corporation  and  assessed  under  chapter  sixty  A.  >^ 

Section  4.     Section  eighty-three  of  said   chapter  fifty-  g.  l.  (Ter. 
nine,  as  amended  by  section  forty-six  of  said  chapter  two  fic;^ameided'. 
huncired  and  fifty-four,  is  hereby  further  amended  by  in- 
serting after  the  word  "vehicles"  in  the  fourteenth  fine  the 
words :  —  and  trailers,  —  and  by  inserting  after  the  word 
"vehicle"  in  the  fifteenth  line  the  words:  —  or  trailer, — 
so  as  to  read  as  follows :  —  Section  83.    Assessors  shall  annu-  Returns  of 
ally,  on  or  before  the  first  Monday  of  April,  return  to  the 
commissioner  the  names  of  all  domestic  and  foreign  corpora- 
tions, except  banks  of  issue  and  deposit,  having  a  capital 
stock   divided   into   shares,  organized  for  the  purposes  of 
business  or  profit  and  established  in  their  respective  towns 
or  owning  real  estate  therein,  and  a  detailed  statement  of 
the  works,  structures,  real  estate,  machinery,  poles,  under- 


iissessors. 


30 


Acts,  1939.  —  Chap.  24. 


G.  L.  (Ter. 
Ed.),  63,  §  30, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  63,  §  30, 
etc.,  further 
amended. 


G.  L.  (Ter. 
Ed.),  63,  §  or,, 
etc.,  amended. 


Valuation  of 
corporate 
franchise,  etc. 


ground  conduits,  wires  and  pipes  owned  by  each  of  said 
corporations  and  situated  in  such  town,  with  the  value 
thereof,  on  January  first  preceding,  and  the  amount  at 
which  the  same  is  assessed  in  said  town  for  the  then  current 
year.  The  assessors  shall  at  the  same  time  return  to  the 
commissioner  a  detailed  statement  of  all  motor  vehicles  and 
trailers  owned  by  each  such  corporation  and  the  amount  at 
which  each  such  vehicle  or  trailer  is  assessed  under  chapter 
sixty  A  for  said  year.  An  assessor  neglecting  to  comply 
with  this  section  shall  be  punished  by  a  fine  of  one  hundred 
dollars. 

Section  5.  Section  thirty  of  chapter  sixty-three  of  the 
General  Laws,  as  most  recently  amended  by  chapter  two 
hundred  and  thirty-seven  of  the  acts  of  nineteen  hundred 
and  thirty-four,  is  hereby  further  amended  by  striking  out 
subdivision  (a)  of  paragraph  3,  as  appearing  in  the  Tercen- 
tenary Edition,  and  inserting  in  place  thereof  the  follow- 
ing:— 

(a)  The  works,  structures,  real  estate,  motor  vehicles, 
trailers,  machinery,  poles,  underground  conduits,  wires  and 
pipes  owned  by  it  within  the  commonwealth  subject  to 
local  taxation,  except  such  part  of  said  real  estate  as  rep- 
resents the  interest  of  a  mortgagee.  The  term  "real  estate", 
as  used  in  this  subdivision  and  in  subdivision  (a)  of  para- 
graph 4  of  this  section  shall  include  the  corporation's  in- 
terest as  lessee  in  such  buildings  on  land  held  under  a  lease 
as  by  the  terms  of  the  lease  are  the  property  of  and  may 
be  removed  by  the  lessee,  and  such  buildings,  for  the  pur- 
poses of  said  subdivisions  and  of  sections  fifty-five  and 
sixty-eight  A,  shall  not  be  deemed  real  estate  of  the  lessor. 

Section  6.  Said  section  thirty  of  said  chapter  sixty- 
three,  as  so  amended,  is  hereby  further  amended  by  strik- 
ing out  subdivision  (a)  of  paragraph  4,  as  amended  by 
section  one  of  said  chapter  two  hundred  and  thirty-seven, 
and  inserting  in  place  thereof  the  following:  — 

(a)  Works,  structures,  real  estate,  motor  vehicles,  trail- 
ers, machinery,  poles,  underground  conduits,  wires  and 
pipes  owned  by  it  within  the  commonwealth  subject  to 
local  taxation,  except  such  part  of  said  real  estate  as  repre- 
sents the  interest  of  a  mortgagee. 

Section  7.  Section  fifty-five  of  said  chapter  sixty- 
three,  as  amended  by  chapter  one  hundred  and  thirty-four 
of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  inserting  after  the  word  "vehicles"  in 
the  fifteenth,  twenty-seventh,  thirty-third  and  forty-second 
lines,  as  appearing  in  the  Tercentenary  Edition,  in  each 
instance,  the  following: —  ,  trailers,  —  so  as  to  read  as  fol- 
lows :  —  Section  55.  The  commissioner  shall  ascertain  from 
the  returns  or  otherwise  the  true  market  value  of  the  shares 
of  each  corporation  required  to  make  a  return  under  section 
fifty-three  or  fifty-four,  and  shall  estimate  therefrom  the 
fair  cash  value  of  all  the  shares  constituting  its  capital 
stock  on  January  first  preceding,  which,  unless  by  the  char- 


Acts,  1939.  —  Chap.  24.  31 

ter  of  a  corporation  a  different  method  of  ascertaining  such 
value  is  provided,  shall,  for  the  purposes  of  this  chapter, 
be  taken  as  the  true  value  of  its  corporate  franchise.  From 
such  value  there  shall  be  made  the  following  deductions: 

First.  In  case  of  a  railroad,  telegraph,  street  railway  or 
electric  railroad  corporation  or  company,  whether  chartered 
or  organized  in  this  commonwealth  or  elsewhere,  so  much 
of  the  value  of  its  capital  stock  as  is  proportional  to  the 
length  of  that  part  of  its  Hne,  if  any,  lying  without  the 
commonwealth;  and  also  the  value  of  its  works,  structures, 
real  estate,  motor  vehicles,  trailers,  machinery,  poles,  un- 
derground conduits,  wires  and  pipes,  subject  to  local  taxa- 
tion within  the  commonwealth. 

Second.  In  case  of  a  domestic  telephone  company,  the 
amount  and  market  value  of  all  stock  in  other  corporations 
held  by  it  upon  which  a  tax  has  been  paid  in  this  or  other 
states  for  the  twelve  months  last  preceding  the  date  of  the 
return. 

Third.  In  case  of  a  domestic  or  foreign  telephone  com- 
pany, so  much  of  the  value  of  its  capital  stock  as  is  pro- 
portional to  the  number  of  telephones  used  or  controlled 
by  it,  or  under  any  letters  patent  owned  or  controlled  by 
it,  without  the  commonwealth. 

Fourth.  In  case  of  a  domestic  or  foreign  telephone  com- 
pany, the  value  of  its  works,  structures,  real  estate,  motor 
vehicles,  trailers,  machinery,  poles,  underground  conduits, 
wires  and  pipes,  subject  to  local  taxation  within  the  com- 
monwealth. 

Fifth.  In  case  of  corporations  subject  to  section  fifty- 
three  or  fifty-four,  other  than  railroad,  telegraph,  telephone, 
street  railway  and  electric  railroad  corporations  or  com- 
panies, the  value  as  found  by  the  commissioner  of  their 
works,  structures,  real  estate,  motor  vehicles,  trailers,  ma- 
chinery, poles,  underground  conduits,  wires  and  pipes,  sub- 
ject to  local  taxation  wherever  situated. 

Sixth.  In  case  of  corporations  owning  stock  of  an  elec- 
tric company  under  section  nine  A  of  chapter  one  hundred 
and  sixty-four  as  thereto  authorized  by  the  department  of 
pubUc  utilities,  the  deduction  mentioned  in  paragraph 
Fifth  above  and  the  fair  cash  value,  as  found  by  the  com- 
missioner, of  the  stock  of  such  electric  companies  so  owned. 

For  the  purposes  of  this  section  the  commissioner  may 
take  the  value  at  which  any  works,  structures,  real  estate, 
motor  vehicles,  trailers,  machinery,  poles,  underground  con- 
duits, wires  and  pipes  are  assessed  at  the  place  where  they 
are  located  as  the  true  value,  but  such  local  assessment  shall 
not  be  conclusive  of  the  true  value  thereof. 

The  term  "real  estate",  as  used  in  this  section  and  in 
section  sixty-eight  A,  shall  include  the  corporation's  inter- 
est as  lessee  in  such  buildings  on  land  held  under  a  lease  as 
by  the  terms  of  the  lease  are  the  property  of  and  may  be 
removed  by  the  lessee,  and  such  buildings,  for  the  pur- 
poses of  said  sections  and  of  subdivision  (a)  of  paragraph 


32 


Acts,  1939. —Chap.  25. 


G.  L.  (Ter. 
Ed.),  63, 
i  68A, 
amended. 

Remedy  when 
assessors' 
valuation 
exceeds  coni- 


G.  L.  (Ter. 
Ed.),  63,  §81, 
amended. 

"  Local  taxa- 
tion" defined. 


three  of  section  thirty  and  subdivision  (a)  of  paragraph 
four  of  said  section  thirty,  shall  not  be  deemed  real  estate 
of  the  lessor. 

Section  8.  Section  sixty-eight  A  of  said  chapter  sixty- 
three,  as  so  appearing,  is  hereby  amended  by  inserting 
after  the  word  "vehicles"  in  the  second  line  the  follow- 
ing: —  ,  trailers,  —  so  as  to  read  as  follows:  —  Section  68 A. 
If  the  value  of  the  works,  structures,  real  estate,  motor 
vehicles,  trailers,  machinery,  poles,  underground  conduits, 
wires  and  pipes  owned  by  a  corporation  taxable  under  any 
provision  of  this  chapter  and  which  are  subject  to  local 
taxation  within  the  commonwealth,  as  determined  by  the 
commissioner,  is  less  than  the  value  thereof  as  determined 
by  the  assessors  of  the  town  where  it  is  situated,  he  shall 
give  notice  of  his  determination  to  such  corporation;  and, 
unless  within  one  month  after  the  date  of  such  notice  it 
applies  to  said  assessors  for  an  abatement,  and,  upon  their 
refusal  to  grant  an  abatement,  prosecutes  an  appeal  under 
section  sixty-four  of  chapter  fifty-nine,  giving  notice  thereof 
to  the  commissioner,  the  valuation  of  the  commissioner  shall 
be  conclusive  upon  said  corporation. 

Section  9.  Said  chapter  sixty-three  is  hereby  further 
amended  by  striking  out  section  eighty-one,  as  so  appear- 
ing, and  inserting  in  place  thereof  the  following:  —  Section 
81 .  For  the  purposes  of  sections  thirty,  fifty-five  and  sixty- 
eight  A,  the  words  "local  taxation",  or  their  equivalent, 
as  used  in  said  sections  with  respect  to  motor  vehicles  and 
trailers  shall  include  the  excise  tax  on  motor  vehicles  and 
trailers  assessed  and  levied  under  chapter  sixty  A. 

Approved  February  17,  1939. 


Chap.   25  An  Act  authorizing  the  town  of  wrentham  to  receive 

AND  administer  THE  PROPERTY  OF  THE  WRENTHAM  CEME- 
TERY   CORPORATION    IN   SAID    TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Wrentham  Cemetery  Corporation,  a 
corporation  duly  incorporated  by  law  and  situated  in  the 
town  of  Wrentham,  hereinafter  called  the  corporation,  may, 
by  deed  duly  executed,  convey  and  transfer  to  said  town, 
and  said  town  is  hereby  authorized  and  empowered  to  re- 
ceive, and  thereafter  to  hold  and  maintain,  but  for  ceme- 
tery purposes  only,  and  subject  to  all  rights  heretofore  ex- 
isting in  any  burial  lots,  the  real  and  personal  property  of 
the  corporation  not  subject  to  any  trust,  and  thereupon, 
and  upon  the  transfer  of  the  trust  funds  as  hereinafter  pro- 
vided, the  corporation  shall  be  dissolved;  and  the  cemetery 
of  the  corporation  shall  be  and  become  a  public  burial 
place,  ground  or  cemetery. 

Section  2.  In  so  far  as  authorized  by  a  decree  of  a 
court  of  competent  jurisdiction  and  in  compliance  with  the 
terms  and  conditions  of  such  decree,  said  town  may  receive 
from  the  corporation  a  conveyance  and  transfer  of,  and 


Acts,  1939. —Chap.  26.  33 

administer,  all  funds  or  other  property  held  by  the  corpora- 
tion in  trust  for  the  perpetual  care  of  the  lots  in  its  ceme- 
tery and  for  other  purposes,  and  also  any  property  devised 
or  bequeathed  to  the  corporation  under  the  will  of  any  per- 
son living  at  the  time  of  said  transfer  or  conveyance  or 
under  the  will  of  any  deceased  person  not  then  probated. 
Interest  and  dividends  accruing  on  funds  deposited  in  trust 
with  any  savings  bank,  under  authority  of  section  thirty- 
seven  or  thirty-eight  of  chapter  one  hundred  and  sixty- 
eight  of  the  General  Laws,  or  with  any  other  banking  insti- 
tution, for  the  benefit  of  the  corporation,  or  of  any  lots  in 
its  cemetery,  may,  after  such  conveyance,  be  paid  by  such 
bank  or  institution  to  the  treasurer  of  said  town;  and  upon 
such  payment  said  treasurer  shall  use  the  same  for  the 
purposes  of  said  trusts. 

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

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registered  voters  of  the  town  of 
Wrentham  voting  thereon  at  the  annual  town  meeting  in 
the  current  year.  Approved  February  17,  1939. 


An  Act  relative  to  form  and  certification  of  bonds,  fi.^^    oa 

NOTES    and    certificates    OF    INDEBTEDNESS    OF    HOUSING  ^"'^P'     ^^ 

authorities,  and  to  reports  of  borrowings  by  such 
authorities. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^r'^^mbiT^ 
to  defeat  its  purpose,  therefore  it  is  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one   hundred   and   twenty-one   of    the   General  gj^^Jf- 
Laws  is  hereby  amended  by  striking  out  section  twenty-  §  26bD.  etc., 
six  DD,  inserted  by  section  one  of  chapter  four  hundred  ''■"^°'^^'^- 
and  eighty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  and  inserting  in  place  thereof  the  following:  —  <Sec- Application  of 
tion  26DD.     The  bonds,  notes  and  certificates  of  indebted-  lTbonA^!7tc., 
ness  of  housing  authorities,  in  the  absence  of  an  express  issued  by 
recital  to  the  contrary  on  the  face  thereof,  shall  constitute  au^onHies. 


34 


Acts,  1939. —Chaps.  27,  28. 


negotiable  instruments  for  all  purposes.  They  may  be  pay- 
able from  the  income  of  the  authority  or  constitute  a  general 
obligation  thereof,  may  be  sold  at  not  less  than  par,  at  pi.b- 
lic  or  private  sale,  and  may  mature  at  such  time  or  times, 
and  may  be  secured  in  such  manner,  may  provide  for  such 
rights  and  remedies  upon  their  default  and  may  contain 
such  other  covenants,  terms  and  conditions  not  inconsistent 
with  law,  as  may  be  provided  by  vote  of  the  authority  or 
in  any  trust  indenture  authorized  by  the  authority.  The 
bonds,  notes  and  certificates  of  indebtedness  of  housing 
authorities  issued  under  sections  twenty-six  J  to  twenty- 
six  II,  inclusive,  and  the  interest  thereon  shall  be  exempt 
from  taxation  with  respect  to  principal  and  income. 

Approved  February  20,  1939. 

Chap.  27  An  Act  authorizing  the  town  of  bridgewater  to  es- 
tablish A  CONTRIBUTORY  RETIREMENT  SYSTEM  FOR  ITS 
EMPLOYEES  IF  THE  TOWN  SO  VOTES  AT  ITS  CURRENT  TOWN 
ELECTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  voters  of  the  town  of  Bridgewater  are 
hereby  authorized,  at  the  annual  town  election  of  said 
town  to  be  held  March  sixth,  nineteen  hundred  and  thirty- 
nine,  to  vote  upon  the  following  question  which  shall  be 
placed  on  the  official  ballot  to  be  used  for  the  election  of 
town  officers  at  said  meeting:  —  "Shall  sections  twenty-six 
to  thirty-one  H,  inclusive,  of  chapter  thirty-two  of  the 
General  Laws,  authorizing  cities  and  towns  to  establish 
contributory  retirement  systems  for  their  employees,  be 
accepted?"  A  vote  taken  under  this  act  in  answer  to  said 
question  shall  have  the  same  effect  as  a  vote  taken  in  answer 
to  said  question  under  and  in  accordance  with  paragraph 
(1)  (b)  of  section  thirty-one  I  of  chapter  thirty-two  of  the 
General  Laws. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  February  20,  1939. 


Chap.   28  An  Act  relative  to  changes  of  par  value  of  capital 

STOCK   OF   street   RAILWAY   COMPANIES. 

Be  it  enacted,  etc. ,  as  follows: 

Section  twenty  A  of  chapter  one  hundred  and  sixty-one 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  inserting  after  the  word  "thirty- 
six"  in  the  seventh  line  the  words:  —  ,  or  authorize  a  change 
of  the  par  value  or  values  of  the  shares  of  any  class  or  classes 
of  its  capital  .stock  to  a  par  value  or  values  of  ten  dollars  or 
of  five  dollars,  —  so  as  to  read  as  follows:  —  Section  20 A. 
Every  corporation  subject  to  this  chapter  may,  at  a  meeting 
duly  called  for  the  purpose,  by  the  vote  of  a  majority  of 
all  of  its  stock  or,  if  two  or  more  classes  of  stock  have  been 


G.  L.  (Ter. 
Ed.),  161, 
§20A, 
amended. 


Changes  of 
par  value  of 
shares 
regulated. 


Acts,  1939.  —  Chaps.  29,  30.  35 

issued,  of  a  majority  of  each  class  outstanding  and  entitled 
to  vote,  authorize  a  change  of  the  par  value  of  the  shares 
of  its  capital  stock  in  accordance  with  paragraph  (h)  of  sec- 
tion four  or  paragraph  (i)  of  section  one  hundred  and  thirty- 
six,  or  authorize  a  change  of  the  par  value  or  values  of  the 
shares  of  any  class  or  classes  of  its  capital  stock  to  a  par 
value  or  values  of  ten  dollars  or  of  five  dollars;  but  such 
change  shall  not  be  effective  unless  the  department  shall 
approve  the  same  on  an  application  of  the  corporation  filed 
within  thirty  days  after  the  passage  of  such  vote.  The 
aggregate  par  value  of  the  outstanding  shares  shall  not  be 
increased  by  a  change  in  the  par  value  thereof. 

Approved  February  20,  1939. 

An  Act  requiring  the  use  of  new  wards  for  prelimi-  (Jfiap,   29 

NARY   AND    OTHER   MUNICIPAL   ELECTIONS    IN   THE    CITY    OF 
CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  wards  established  in  the  city  of  Cam- 
bridge in  the  year  nineteen  hundred  and  thirty-four,  as 
authorized  and  directed  by  chapter  one  hundred  of  the  acts 
of  nineteen  hundred  and  twenty-two,  shall  be  used  for  all 
preliminary  and  other  municipal  elections  held  in  said  city, 
and  for  such  purposes  election  officers  shall  be  appointed 
and  voting  lists  shall  be  prepared  and  all  other  things  re- 
quired by  law  pertaining  to  such  primaries  and  elections 
shall  be  done  in  accordance  with  the  lines  of  the  wards  so 
established,  any  provision  of  general  or  special  law  to  the 
contrary  notwithstanding. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  February  21,  1939. 


An  Act  providing  for  representation  of  the  depart-  Chav.   30 
ment  of  public  utilities  at  an  inquest  in  any  case 
OF    death  in  which  a  motor  vehicle  of  a  common 
carrier  of  passengers  for  hire  by  motor  vehicle 
is  involved. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eight  of  chapter  thirty-eight  of  the  g.  l.  (Ter. 
General  Laws,  as  amended  by  section  one  of  chapter  one  ^tt! 'amended. 
hundred  and  eighteen  of  the  acts  of  nineteen  hundred  and 
thirty-two,   is  hereby  further  amended  by  inserting  after 
the  word  "use"  in  the  fourteenth  line  the  words:  —  ,  and 
in  any  case  of  death  in  which  a  motor  vehicle  of  a  common 
carrier  of  passengers  for  hire  by  motor  vehicle  is  involved, 
—  and  by  striking  out,  in  the  fifteenth  hne,  the  article  "a," 
and   inserting  in  place  thereof  the  word :  —  any,  —  so  as 
to  read  as  follows:  —  Section  8.     The  court  or  justice  may  inquest. 
thereupon  hold  an  inquest.     The  attorney  general  or  the 
district   attorney  may,   notwithstanding  the  fact  that  no 


36 


Acts,  1939. —Chap.  31. 


Effective 
date. 


action  has  been  taken  by  the  medical  examiner  under  sec- 
tion six,  or  that  no  notification  that  the  death  may  have 
been  caused  by  the  act  or  neghgence  of  another  has  been 
given  to  the  court  or  justice  under  section  seven,  require 
an  inquest  to  be  held  in  case  of  any  death  supposed  to  have 
been  caused  by  external  means.  The  court  or  justice  shall 
give  seasonable  notice  of  the  time  and  place  of  the  inquest 
to  the  department  of  public  utilities  in  any  case  of  death 
by  accident  upon  a  railroad,  electric  railroad,  street  rail- 
way, or  railroad  for  private  use,  and  in  any  case  of  death 
in  which  a  motor  vehicle  of  a  common  carrier  of  passengers 
for  hire  by  motor  vehicle  is  involved,  and  to  the  department 
of  public  works  in  any  case  of  death  in  which  any  motor 
vehicle  is  involved.  All  persons  not  required  by  law  to 
attend  may  be  excluded  from  the  inquest.  The  district 
attorney  or  any  person  designated  by  him  may  attend  the 
inquest  and  examine  the  witnesses,  who  may  be  kept  separate 
so  that  they  cannot  converse  with  each  other  until  they 
have  been  examined. 

Section  2.    This  act  shall  take  effect  on  September  first 
in  the  current  year.  Approved  February  S4,  1939. 


G.  L.  (Ter. 
Ed.).  34,  §  4, 
etc.,  amended. 


County  com- 
missioners, 
election  and 
qualification. 


Chap.   31  An  Act  relative  to  the  jurisdiction  of  the   county 

COMMISSIONERS  OF  MIDDLESEX  COUNTY  IN  REVERE  AND 
WINTHROP,  TO  PARTICIPATION  BY  THE  VOTERS  OP  SAID  CITY 
AND  TOWN  IN  THEIR  ELECTION  AND  TO  THEIR  POWERS  AND 
DUTIES  WITH  RESPECT  TO  SAID  CITY  AND  TOWN. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  thirty-four  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  four,  as  amended 
by  section  one  of  chapter  two  hundred  and  fiftj^-seven  of  the 
acts  of  nineteen  hundred  and  thirty-five,  and  inserting  in 
place  thereof  the  following:  —  Section  4-  Except  in  Nan- 
tucket and  Suffolk  counties,  there  shall  be  elected  in  each 
county,  as  provided  in  section  one  hundred  and  fifty-eight 
of  chapter  fifty-four,  for  terms  of  four  years  beginning  the 
first  Wednesday  of  January  following  their  election  and 
until  their  successors  are  qualified,  three  county  commis- 
sioners, who  shall  be  sworn  before  entering  upon  their  du- 
ties, and  shall  annually,  at  their  first  meeting  after  the  first 
Wednesday  of  January,  choose  b}^  ballot  a  chairman.  In 
Nantucket  county  the  selectmen  of  Nantucket,  and  in  Suf- 
folk county  the  mayor  and  city  council  of  Boston,  the  mu- 
nicipal council  of  Chelsea  and  the  city  council  of  Revere,  in 
their  respective  cities,  and  the  selectmen  of  Winthrop  in 
said  town,  shall,  except  as  otherwise  provided,  have  the 
powers  and  perform  the  duties  of  county  commissioners. 

Section  2.  Section  seven  of  said  chapter  thirty-four,  as 
amended  by  section  two  of  said  chapter  two  hundred  and 
fifty-seven,  is  hereby  further  amended  by  striking  out  the 
last  sentence,  —  so  as  to  read  as  follows :  —  Section  7.  A 
person  acting  as  commissioner  by  appointment  under  sec- 


G.  L.  (Ter. 
Ed.),  34,  §  7, 
etc.,  amended. 


Compensation 
of  acting 
commissioners. 


Acts,  1939. —Chap.  31.  37 

tion  twelve  shall  be  paid  by  the  county  not  less  than  five 
dollars  for  each  day  of  actual  service,  not  exceeding  five 
hundred  dollars  in  any  year,  and  ten  cents  a  mile  for  travel 
each  way. 

Section  3.  Section  one  hundred  and  twelve  of  chapter  g.  l.  (Xer. 
fiftj'-four  of  the  General  Laws,  as  amended  by  section  six  etc'.!'amendedr' 
of  said  chapter  two  hundred  and  fifty-seven,  is  hereby  fur- 
ther amended  by  striking  out,  in  the  twenty-fifth  to  the 
twentj^-seventh  lines,  inclusive,  the  words  ",  and  that  in 
Revere  and  Winthrop  the  records  of  votes  for  county  com- 
missioners shall  be  transmitted  to  the  clerk  of  the  courts 
for  Middlesex  county",  —  so  as  to  read  as  follows:  —  Sec-  Transmission 
tion  112.  The  clerk  of  each  city  and  town,  within  ten  days,  secretary,  etc., 
and  in  Boston  the  election  commissioners,  within  fifteen  rLords'of^^ 
days,  after  the  day  of  any  election  therein  for  a  senator  in  votes. 
congress,  representative  in  congress,  governor,  lieutenant 
governor,  councillor,  state  secretary,  state  treasurer,  state 
auditor,  attorney  general,  clerk  of  courts,  register  of  probate 
and  insolvency,  sheriff,  district  attorney,  or  senator,  or  for 
presidential  electors,  shall  transmit  to  the  state  secretary 
copies  of  the  records  of  votes  for  such  officers,  together  with 
the  records  of  votes  cast  on  any  constitutional  amendment, 
law  or  proposed  law,  and  on  any  question  submitted  to 
them  by  statute  in  any  senatorial  or  representative  district 
or  in  two  or  more  cities  or  towns.  Said  record  shall  be 
certified  by  the  aldermen,  selectmen  or  election  commis- 
sioners, and  attested  and  sealed  by  the  clerk  or  by  said 
commissioners.  The  city  or  town  clerk  shall,  within  ten 
days  after  an  election  for  county  treasurer  or  register  of 
deeds,  transmit  to  the  county  commissioners,  and  within 
ten  days  after  an  election  for  county  commissioners,  trans- 
mit to  the  clerk  of  the  courts  the  records  of  votes  for  such 
officers,  certified,  attested  and  sealed  as  aforesaid;  except 
that  in  Chelsea,  Revere  and  Winthrop  the  records  of  votes 
for  register  of  deeds  shall  be  transmitted  to  the  election 
commissioners  of  Boston.  Such  copies  shall  be  transmitted 
in  envelopes,  upon  which  shall  be  stated  the  offices  for, 
questions  on  which  and  districts  in  which  the  votes  were  cast. 

Section  4.     Section  one  hundred  and  forty-four  of  said  EdV'54%'144 
chapter  fiftj^-four,  as  amended  by  section  eight  of  said  chap-  etc!,  amended. ' 
ter  two  hundred  and  fifty-seven,  is  hereby  further  amended 
by  striking  out,  in  the  fifth,  sixth  and  seventh  lines,  the 
words  "In  Middlesex  county,  such  precept  shall  also  be 
issued  to  the  aldermen  of  Revere  and  the  selectmen  of 
Winthrop",  —  so  that  the  first  paragraph  will  read  as  fol- 
lows :  —  Upon  failure  to  choose  a  county  commissioner,  the  Failure  to 
board  of  examiners  shall  forthwith  issue  precepts  to  the  ^  ^^^'  ^**'' 
aldermen  of  each  city  and  to  the  selectmen  of  each  town  in 
such  county,  directing  them  to  call  an  election  to  elect  such 
officer  on  a  day  appointed  therein. 

Section  5.  Section  one  hundred  and  fifty-eight  of  said  Sj^iJ^^iss 
chapter  fifty-four,  as  amended  by  section  ten  of  said  chap-  etc.,  amended.' 
ter  two  hundred  and  fifty-seven,  is  hereby  further  amended 


38 


Acts,  1939.  —Chap.  31, 


County  com- 
missioners, 
election  of, 
in  certain 
counties. 


G.  L.  (Ter. 
Ed.),  59,  §  64, 
etc.,  amended. 


Appeals  to 
county  com- 
missioners in 
certain  tax 
matters. 


G.  L.  (Ter. 
Ed.),  59,  §  65. 
etc.,  amended. 


Appeal  to 
appellate 
tax  board. 


by  striking  out  the  first  paragraph  and  inserting  in  place 
thereof  the  following:  —  There  shall  be  chosen  by  the  voters 
of  each  of  the  counties,  except  Suffolk  and  Nantucket,  at 
the  biennial  state  election  in  nineteen  hundred  and  forty, 
and  in  every  fourth  j^ear  thereafter,  two  county  commis- 
sioners for  said  county,  and  at  the  biennial  state  election  in 
nineteen  hundred  and  forty-two,  and  in  every  fourth  year 
thereafter,  one  county  commissioner  for  said  county,  and 
in  addition  at  each  biennial  state  election  such  number  of 
county  commissioners  as  may  be  required  to  be  chosen  under 
section  one  hundred  and  forty-four  to  fill  vacancies. 

SectiOiV  6.  Section  sixty-four  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section 
one  of  chapter  four  hundred  and  seventy-eight  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  striking  out,  in  the  eighth  line,  the  words 
"said  year"  and  inserting  in  place  thereof  the  words:  — 
the  year  of  assessment  of  the  tax,  —  and  by  inserting  after 
the  word  "costs"  in  the  twenty-first  line  the  following:  — 
;  provided,  that  no  appeal  may  be  taken  under  this  section 
with  respect  to  a  tax  on  property  in  Revere  or  Winthrop, 

—  so  that  the  first  sentence  will  read  as  follows :  —  A  per- 
son aggrieved  by  the  refusal  of  assessors  to  abate  a  tax  on 
personal  property  which  has  been  paid,  or  a  tax  of  not 
more  than  one  thousand  dollars  on  a  parcel  of  real  estate, 
or  a  tax  of  more  than  one  thousand  dollars  on  a  parcel  of 
real  estate  which  tax  either  has  been  paid  or  on  account  of 
which  there  has  been  paid  a  sum  not  less  than  the  amount 
which  would  be  assessable  in  the  year  of  assessment  of  the 
tax  upon  a  valuation  equal  to  the  average  of  the  valuations 
of  said  parcel,  as  reduced  by  reason  of  abatements,  if  any, 
for  the  three  years  next  preceding  said  year,  may,  within 
sixty  days  after  receiving  the  notice  provided  in  section 
sixty-three,  or  within  ninety  days  after  the  time  when  the 
application  for  abatement  is  deemed  to  be  refused  as  here- 
inafter provided,  appeal  therefrom  by  filing  a  complaint 
with  the  clerk  of  the  county  commissioners,  or  of  the  board 
authorized  to  hear  and  determine  such  complaints,  for  the 
county  where  the  property  taxed  lies,  and  if  on  hearing  the 
board  finds  that  the  property  has  been  overrated,  and  that 
the  complainant  has  complied  with  all  applicable  provi- 
sions of  law,  it  shall  make  a  reasonable  abatement  and  an 
order  as  to  costs;  provided,  that  no  appeal  may  be  taken 
under  this  section  with  respect  to  a  tax  on  property  in  Revere 
or  Winthrop. 

Section  7.  Said  chapter  fifty-nine  is  hereby  further 
amended  by  striking  out  section  sixty-five,  as  most  recently 
amended  by  section  two  of  said  chapter  four  hundred  and 
seventy-eight,  and  inserting  in  place  thereof  the  following: 

—  Section  65.  A  person  aggrieved  as  aforesaid  with  respect 
to  a  tax  on  property  in  any  municipality  may,  subject  to 
the  same  conditions  provided  for  an  appeal  under  section 
sixty-four,  appeal  to  the  appellate  tax  board  by  filing  a  peti- 


Acts,  1939.  —  Chap.  32.  39 

tion  with  such  board  within  sixty  days  after  receiving  the 
notice  required  by  section  sixty-three,  or  within  ninety  days 
after  the  time  when  the  apphcation  for  abatement  is  deemed 
to  be  refused  as  provided  in  section  sixty-four.  Such  appeal 
shall  be  heard  and  determined  by  said  iDoard  in  the  manner 
provided  by  chapter  fifty-eight  A.  The  board  may  enter 
such  order  as  justice  may  require  in  the  manner  provided 
in  the  preceding  section  with  respect  to  complaints  removed 
from  the  county  commissioners.  The  remedy  provided  by 
this  section  shall  be  in  the  alternative  for  that  provided  by 
section  sixty-four  in  case  of  a  tax  on  property  in  any  munici- 
pality other  than  Revere  or  Winthrop. 

Approved  February  24,  1939. 


An  Act  increasing  the  amount  of  exemption  allowed  Chav.   32 

BY  LAW  TO  OWNERS  OF  ESTATES  OF  HOMESTEAD. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Section  one  of  chapter  one  hundred   andg^^.  ^(Tw 
eighty-eight  of  the  General  Laws,  as  appearing  in  the  Ter-  amended.' 
centenary  Edition,  is  hereby  amended  by  striking  out,  in  the 
second  line,  the  words  "eight  hundred"  and  inserting  in 
place  thereof  the  words:  —  four  thousand,  —  so  as  to  read 
as  follows :  —  Section  1 .     A  householder  who  has  a  family  Nature  of 
shall  be  entitled  to  acquire  an  estate  of  homestead  to  the  es°me.'^^*^ 
extent  of  four  thousand  dollars  in  value  in  the  land  and 
buildings  thereon  owned  or  rightly  possessed  by  lease  or 
otherwise  and  occupied  by  him  as  a  residence;    and  such 
estate  shall  be  exempt  from  the  laws  of  conveyance,  descent 
and  devise  and  from  attachment,  levy  on  execution  and  sale 
for  the  payment  of  his  debts  or  legacies,  except  — 

(1)  Sale  for  taxes. 

(2)  Attachment,  levy  and  sale  in  the  following  cases: 

(a)  For  a  debt  contracted  previous  to  the  acquisition  of 
said  estate  of  homestead. 

(6)  For  a  debt  contracted  for  the  purchase  thereof. 

(c)  Upon  an  execution  issued  from  the  probate  court  to 
enforce  its  decree  that  a  husband  pay  a  certain  amount 
weekly  or  otherwise  to  support  his  wife  or  minor  children. 

{d)  Where  buildings  on  land  not  owned  by  the  house- 
holder are  attached,  levied  upon  or  sold  for  the  ground  rent 
of  the  lot  of  land  whereon  thej^  stand. 

Section  2.    Section  nine  of  said  chapter  one  hundred  and  g^L.  jjer  ^ 
eighty-eight,  as  so  appearing,  is  hereby  amended  by  striking  amended.' 
out,  in  the  fifth  and  sixth  lines,  the  words  "eight  hundred" 
and  inserting  in  place  thereof  the  words:  —  four  thousand, 
—  so  as  to  read  as  follows :  —  Section  9.    If  the  property  of  ^et-off  if 
a  debtor  is  assigned  under  the  laws  relative  to  insolvent  insolvent. 
debtors,   and   such  debtor   claims,   and   it  appears  to   the 
court  wherein  the  proceedings  in  insolvency  are  pending, 
that  he  is  entitled  to  hold  a  part  thereof  as  a  homestead  and 
that  the  property  in  which  such  estate  of  homestead  exists 


40  Acts,  1939. —Chap.  32. 

is  of  greater  value  than  four  thousand  dollars,  the  court 
shall  cause  the  property  to  be  appraised  by   three  disin- 
terested appraisers,  one  of  whom  shall  be  appointed  by  the 
insolvent,  one  by  the  assignee  and  the  third  by  the  court; 
or  if  either  the  assignee  or  insolvent  neglects  to  appoint,  the 
court  shall  appoint  for  him.     The  appraisers  shall  be  sworn 
faithfully  and   impartially  to  appraise  the   property,    and 
shall  appraise  and  set  off  an  estate  of  homestead  therein  to 
the  insolvent  debtor  in  the  manner  prescribed  in  section 
eighteen  of  chapter  two  himdred  and  thirty-six  in  case  of  a 
judgment  debtor;   and  the  residue  shall  vest  in  and  be  dis- 
posed of  by  the  assignee  in  the  same  manner  as  property 
which  is  not  exempt  by  law  from  levy  on  execution.     The 
appraisers  shall  be  entitled  to  the  same  fees,  to  be  paid  out 
of  the  estate  in  insolvency,  as  are  allowed  to  an  appraiser  of 
land  seized  upon  execution. 
Ed^''2or§  ■>!       Section  3.     Section  twenty-one  of  chapter  two  hundred 
amended."    "  '  and  niuc  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out  in  the  fifth  line  the  words  "eight 
hundred"  and  inserting  in  place  thereof  the  words:  —  four 
iWn7wifT  ^''^  thousand,  —  so  as  to  read  as  follows:  —  Section  21.     If  the 
upon  release  of  guardian   of   an   insane   wife   is   authorized   under   section 
homestead.        eighteen  to  release  an  estate  of  homestead,  and  the  probate 
court  finds  that  a  portion  of  the  proceeds  of  the  real  estate 
sold,  or  of  an  amount  loaned  on  mortgage  thereof,  should 
be  reserved  for  the  use  of  the  ward,  it  may  order  a  certain 
portion,   not   exceeding   four   thousand   dollars,   to   be   set 
aside  and  paid  over  to  such  guardian  to  be  invested  in  a 
homestead,  and  held  by  him  for  the  benefit  of  his  ward,  if 
she  survives  her  husband;    the  rent  or  use  thereof  to  be 
received  and  enjoyed  by  the  husband  during  the  life  of  his 
wife,   or  until  otherwise  ordered   by  the  court  for  cause; 
and  the  homestead  to  be  his,  and  to  be  conveyed  to  him  by 
said  guardian,  if  he  survives  her. 
Ed^"  ^J&\  18       Section  4.     Chapter  two  hundred  and  thirty-six  of  the 
ameAd-ed."      "  General  Laws  is  hereby  amended  by  striking  out  section 
eighteen,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
Levyof  scrtiug  in  place  thereof  the  following:  —  Section  18.     If  a 

execution.  judgment  creditor  requires  an  execution  to  be  levied  on 
property  which  is  claimed  by  the  debtor  to  be  as  a  home- 
stead exempt  from  such  levy,  and  if  the  oflacer  holding  such 
execution  is  of  opinion  that  the  premises  are  of  greater  value 
than  four  thousand  dollars,  appraisers  shall  be  appointed 
to  appraise  the  property  in  the  manner  provided  by  section 
six.  If,  in  the  judgment  of  the  appraisers,  the  premises  are 
of  greater  value  than  four  thousand  dollars,  they  shall  set 
off  to  the  judgment  debtor  so  much  of  the  premises,  includ- 
ing the  dwelling  house,  in  whole  or  in  part,  as  shall  appear 
to  them  to  be  of  the  value  of  four  thousand  dollars ;  and  the 
residue  of  the  property  shall  be  levied  upon  and  disposed  of 
in  like  manner  as  land  not  exempt  from  levy  on  execution; 
and  if  the  property  levied  on  is  subject  to  a  mortgage,  it 
may  be  set  off  or  sold  subject  to  the  mortgage  and  to  the 


Acts,  1939. —Chap.  33.  41 

estate  of  homestead,  in  like  manner  as  land  subject  to  a 
mortgage  only. 

Section  5.     This  act  shall  take  effect  on  January  first,  ^ftg"*'^'^ 
nineteen  hundred  and  forty. 

Approved  February  24,  1939. 

An  Act  providing  that  the  chairman  of  the  board  QJidj)     33 

OF  cemetery  commissioners  of  the  town  of  ADAMS 
SHALL  BE  A  TOWN  MEETING  MEMBER  AT  LARGE,  AND 
FURTHER  REGULATING  THE  NOMINATION  OF  CANDIDATES 
FOR  RE-ELECTION  AS  TOWN  MEETING  MEMBERS  IN  SAID 
TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  two  hundred  and 
thirty-five  of  the  acts  of  nineteen  hundred  and  thirty-five 
is  hereby  amended  by  inserting  after  the  word  "library"  in 
the  ninth  line  the  words :  — ,  the  chairman  of  the  board  of 
cemetery  commissioners,  —  so  that  the  first  sentence  will 
read  as  follows :  —  Any  representative  town  mpeting  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,  ex  ofiiciis;  namely,  any  member  of 
the  general  court  of  the  commonwealth  who  is  a  resident  of 
the  town,  the  moderator,  the  town  clerk,  the  selectmen, 
the  town  treasurer,  the  town  counsel,  the  chairman  of  the 
trustees  of  the  public  library,  the  chairman  of  the  board  of 
cemetery  commissioners,  the  school  committee,  the  board 
of  assessors,  the  board  of  health,  the  tax  collector  and  the 
members  of  the  finance  committee. 

Section  2.  Said  chapter  two  hundred  and  thirty-five  is 
hereby  further  amended  by  striking  out  section  four  and 
inserting  in  place  thereof  the  following:  —  Section  4-  Nom- 
ination of  candidates  for  town  meeting  members  to  be 
elected  under  this  act  shall  be  made  by  nomination  papers 
which  shall  bear  no  political  designation,  shall  be  signed  by 
not  less  than  ten  registered  voters  of  the  precinct  in  which 
the  candidate  is  nominated  for  office  and  shall  be  filed  with 
the  town  clerk  at  least  eighteen  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  eighteen  days  before  such  election. 
No  nomination  papers  shall  be  valid  in  respect  to  any  candi- 
date unless  his  written  acceptance  is  filed  therewith. 

Section  3.  This  act  shall  be  submitted  to  the  voters  of 
the  town  of  Adams  at  its  annual  town  meeting  in  the  cur- 
rent 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- 
nine,  entitled  'An  Act  providing  that  the  Chairman  of  the 
Board  of  Cemetery  Commissioners  of  the  Town  of  Adams 


42  Acts,  1939.  —  Chaps.  34,  35. 

shall  be  a  Town  Meeting  Member  at  Large,  and  Further 
Regulating  the  Nomination  of  Candidates  for  Re-election 
as  Town  Meeting  Members  in  said  Town',  be  accepted?" 
If  a  majority  of  the  votes  cast  in  answer  to  said  question  is 
in  the  affirmative,  then  this  act  shall  thereupon  take  full 
effect,  but  not  otherwise.         Approved  February  21).,  1939. 

Chap.   34  An  Act  authorizing  the  town  of  hull  to  contribute 

TOWARD  THE  COST  OF  STEAMBOAT  SERVICE  BETWEEN  SAID 
town   AND    THE   CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  town  of  Hull  may,  from  time  to  time, 
for  the  purpose  of  avoiding  a  reduction  or  discontinuance 
of  steamboat  service  between  said  town  and  the  city  of 
Boston,  enter  into  an  agreement  with  the  Nantasket- 
Boston  Steamboat  Company,  its  successors  or  assigns,  pro- 
viding for  the  payment  by  said  town  of  any  part  or  all  of 
any  excess  of  the  cost  of  the  service  on  the  fine  of  said  com- 
pany operated  between  said  town  and  said  city  above  the 
amount  of  the  receipts  from  said  line  arising  from  the  rates 
and  fares  in  effect  thereon  during  the  period  covered  in 
any  such  agreement,  and  providing  that  no  dividend  shall 
be  paid  by  said  steamship  company  unless  and  until  it 
has  reimbursed  said  town  for  all  moneys  paid  by  it  to  said 
company  under  authority  of  this  act.  The  department  of 
public  utilities  shall,  upon  application  of  said  town,  deter- 
mine any  question  relating  to  the  character  or  extent  of 
service  rendered  or  facilities  furnished  in  pursuance  of  any 
such  agreement,  in  the  event  of  differences  arising  between 
said  steamship  company  and  said  town  in  relation  thereto. 
Said  town  may  raise  by  taxation  such  amounts,  not  in  excess 
of  ten  thousand  dollars  in  any  one  year,  as  may  be  necessary 
to  carry  out  the  provisions  of  this  act. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  inhabitants  of  said  town  at  the  annual 
town  meeting  in  the  current  year,  but  no  agreement  made 
under  authority  of  this  act  shall  be  effective  after  May 
first,  nineteen  hundred  and  forty-one. 

Approved  March  1,  1939. 

Chap.   35  An  Act  relative  to  the  description  of  the  territory 

OF  THE  BOURNE  WATER  DISTRICT  IN  THE  TOWN  OF  BOURNE. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  four  hundred  and  forty-one  of  the 
acts  of  nineteen  hundred  and  thirty-eight  is  hereby  amended 
by  striking  out  the  fourth  to  the  eleventh  lines,  inclusive, 
and  the  first  nine  words  in  the  twelfth  line,  and  inserting 
in  place  thereof  the  following:  —  Beginning  at  Red  Brook 
harbor  of  Buzzards  bay  and  running  easterly  by  Red  brook 
and  Red  Brook  pond  and  by  a  watercourse  connecting  said 


Acts,  1939. —Chap.  36.  43 

pond  and  Lily  Pond  bog  and  by  the  northerly  side  of  said 
Lily  Pond  bog  to  its  most  northeasterly  corner,  thence  due 
east  (true  meridian)  to  and  across  County  road  a  distance 
of  about  twelve  hundred  feet  to  a  point  five  hundred  feet 
east  of  the  centre  of  said  County  road,  thence  northerly  by 
a  line  five  hundred  feet  east  of  the  centre  of  said  County 
road,  to  a  point  opposite  the  junction  of  the  centre  of  said 
County  road  and  the  centre  of  Beach  street  and  due  east 
(true  meridian)  therefrom,  thence  northerly  to  a  point  in 
the  centre  of  County  road  twelve  hundred  feet  northerly 
from  the  junction  of  the  centre  of  said  County  road  and  the 
centre  of  Beach  street,  thence  northerly  on  a  course  north 
twenty  degrees  west  (true  meridian)  to  Eel  pond,  thence 
northerly  by  Eel  pond  and  the  outlet  of  Eel  pond  into  Back 
river  and  by  Back  river  to  its  northerly  edge  at  a  point 
which  is  three  hundred  feet  east  of  the  centre  of  Monument 
Neck  road,  thence  northerly  by  a  line  three  hundred  feet 
east  of  the  centre  of  said  Monument  Neck  road  to  the  centre 
of  Old  Dam  road,  thence  northwesterly  by  the  centre  of 
Old  Dam  road  to  the  centre  of  Monument  Neck  road, 
thence  northwesterly  by  the  centre  of  Monument  Neck 
road  to  its  junction  with  Gray  Gables  road,  thence  south- 
westerly by  the  centre  of  Gray  Gables  road  to  the  location 
of  the  New  York,  New  Haven  and  Hartford  Railroad, 
thence  northerly  by  the  location  of  said  railroad  to  the 
Cape  Cod  canal,  thence  southwesterly  by  the  Cape  Cod 
canal  to  Buzzards  bay  and  thence  southerly  by  Buzzards 
bay  to  Red  Brook  harbor  at  the  point  of  beginning. 

Approved  March  1,  1939. 

An  Act  relative  to  the  qualifications  for  membership  phfjjy    q« 

ON   THE   BOARD    OF   REGISTRATION   IN   MEDICINE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  thirteen  of  the  General  Laws,  as  g.  l.  (Ter. 
amended  by  chapter  eight  of  the  acts  of  nineteen  hundred  ^tt! 'amended. 
and  thirty-two,  is  hereby  further  amended  by  striking  out, 
in  lines  nine  to  eleven,  inclusive,  the  words  ",  and  no  more 
than  three  members  thereof  shall  at  one  time  be  members 
of  any  one  chartered  state  medical  society",  —  so  as  to 
read  as  follows:  —  Section  10.     There  shall  be  a  board  of  Board  of 
registration  in  medicine,  in  the  two  following  sections  called  [n*^medicine. 
the  board,  consisting  of  seven  persons,  residents  of  the  com- 
monwealth, registered  as  qualified  physicians  under  section 
two  of  chapter  one  hundred  and  twelve,  or  corresponding 
provisions  of  earlier  laws,  who  shall  have  been  for  ten  years 
actively  engaged  in  the  practice  of  their  profession.     No 
member  of  said  board  shall  belong  to  the  faculty  of  any 
medical  college  or  university.     One  member  thereof  shall 
annually  in  June  be  appointed  by  the  governor,  with  the 
advice  and   consent  of  the  council,  for  seven  years  from 
July  first  following.  Approved  March  1,  1939. 


44 


Acts,  1939.  —  Chaps.  37,  38. 


G.  L.  (Ter. 
Ed.),  44,  §5, 
amended. 


Towns  may 

borrow 

between 


Chap.   37  An  Act  correcting  certain  provisions  of  law  relative 
TO  municipal  finance. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  forty-four  of  the  General  Laws,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  eighth  and  ninth  lines,  the  words 
''the  preceding  section"  and  inserting  in  place  thereof  the 
words :  —  section  four,  —  so  as  to  read  as  follows :  —  Sec- 
tion  5.  To  provide  necessary  funds  to  meet  liabilities 
date  o7ainuai  authorizcd  by  section  thirteen,  the  town  treasurer,  with  the 
meeting.  approval  of  a  majority  of  the  selectmen,  may  borrow  on 

notes  of  the  town  during  any  one  month  between  January 
first  and  the  next  annual  town  meeting  a  sum  not  exceeding 
one  twelfth  of  the  amount  obtained  by  adding  the  previous 
tax  levy  and  the  sum  received  from  the  commonwealth 
during  the  preceding  year  on  account  of  the  income  tax. 
The  amount  so  borrowed  shall  be  deemed  a  part  of  the 
amount  which  may  be  borrowed  under  section  four.  Said 
notes  shall  be  subject  to  certification,  in  accordance  with 
law,  by  the  director,  who  shall  furnish  a  statement  certify- 
ing to  the  amount  of  the  tax  levy  of  the  preceding  year  as 
filed  with  the  commissioner  of  corporations  and  taxation  by 
the  assessors,  and  they  shall  not  be  renewed  or  paid  by  the 
issue  of  new  notes  except  as  provided  in  section  seventeen. 

Approved  March  1,  1939. 


Chap.  38  An  Act  to  provide  for  a  fire  sprinkler  system  in 

CERTAIN     BUILDINGS     AT    THE     NORFOLK     COUNTY     TUBER- 
CULOSIS   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  installing  automatic  fire 
extinguishers  in  certain  buildings  at  the  Norfolk  county 
tuberculosis  hospital,  the  county  commissioners  of  Norfolk 
county  may  expend  a  sum  not  to  exceed  twenty  thousand 
dollars. 

Section  2.  For  the  purposes  aforesaid,  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  borrow  from  time  to  time  upon  the  credit  of  the  county 
such  sums  as  may  be  necessary,  not  exceeding,  in  the  aggre- 
gate, twenty  thousand  dollars,  and  may  issue  notes  of  the 
county  therefor,  which  shall  bear  on  their  face  the  words, 
Norfolk  County  Tuberculosis  Hospital  Loan,  Act  of  1939; 
and  such  notes  shall  be  payable  in  not  more  than  four  years 
from  their  dates.  Each  authorized  issue  shall  constitute  a 
separate  loan.  Such  notes  shall  be  signed  by  the  treasurer 
of  the  county  and  countersigned  by  a  majority  of  the  county 
commissioners.  Such  securities  may  be  sold  at  public  or 
private  sale  upon  such  terms  and  conditions  as  the  said 
treasurer  and  county  commissioners  may  deem  proper,  but 
not  for  less  than  their  par  value.     Indebtedness  under  this 


Acts,  1939.  —  Chaps.  39,  40.  45 

act  shall,  except  as  herein  provided,  be  subject  to  chapter 
thirty-five  of  the  General  Laws.  All  sums  necessary  to 
meet  interest  payments  on  notes  issued  under  this  act  and 
payments  on  account  of  principal  as  the  same  mature  shall 
be  assessed  upon  the  twenty-six  towns  and  one  city  of  said 
county  constituting  the  hospital  district,  with  other  assess- 
ments made  under  section  eighty-five  of  chapter  one  hun- 
dred and  eleven  of  the  General  Laws. 

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  1,  19S9. 

An  Act  extending  the  time  within  which  suits  may  be  (J}iq^y>    39 
bhought  by  cities  and  towns  to  recover  for  welfare  "' 

aid  rendered  to  persons  having  lawful  settlements 
in  other  cities  and  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  fourteen  of  chapter  one  hundred  and  EdVuf^s  u 
seventeen  of  the  General  Laws,  as  most  recently  amended  etc!, 'amended. ' 
by  chapter  two  hundred  and  seventy-five  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out,  in  the  thirteenth  line,  the  word  "two"  and 
inserting   in   place   thereof   the   word :  —  four,  —  so   as   to 
read  as  follows:  —  Section  I4.    Boards  of  pubUc  welfare  in  Boards  of 
their  respective  towns  shall  provide  for  the  immediate  com-  f "re''" "'''' 
fort  and  rehef  of  all  persons  residing  or  found  therein,  having  Aid  to 
lawful  settlements  in  other  towns,  in  distress  and  standing  strangers,  etc. 
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  hable  therefor,  if  commenced 
within  four  years  after  the  cause  of  action  arises;   but  noth- 
ing shall  be  recovered  for  relief  furnished  more  than  three 
months  prior  to  notice  thereof  given  to  the  defendant. 

Section  2.  Nothing  in  this  act  shall  be  construed  to 
revive  any  cause  of  action  already  barred  by  any  statute  of 
limitations  upon  the  effective  date  of  this  act. 

Approved  March  1,  1939. 

An  Act  providing  for  a  further  penalty  for  the  un-  (J^^j)    4Q 

LAWFUL     possession     OF    ANY     PUBLIC     RECORD,     FOR     ITS  ^' 

REMOVAL,  ALTERATION,    DEFACEMENT,   MUTILATION   OR   DE- 
STRUCTION  AND   FOR   CERTAIN   OTHER  VIOLATIONS   OF  LAW. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^'^'l^^iT^' 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^^^'^"^ 


46 


Acts,  1939. —Chaps.  41,  42. 


G.  L.  (Ter. 
Ed.),  66,  §  15, 
amended. 


an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifteen  of  chapter  sixty-six  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  inserting  after  the  word  "dollars"  in  the  fifth  Hne  the 
words:  —  ,  or  by  imprisonment  for  not  more  than  one  year, 
or  both,  —  so  as  to  read  as  follows:  —  Section  15.  Who- 
ever unlawfully  keeps  in  his  possession  any  public  record  or 
removes  it  from  the  room  where  it  is  usually  kept,  or  alters, 
defaces,  mutilates  or  destroys  any  pubhc  record  or  violates 
any  provision  of  this  chapter  shall  be  punished  by  a  fine  of 
not  less  than  ten  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  for  not  more  than  one  year,  or  both.  Any 
public  officer  who  refuses  or  neglects  to  perform  any  duty 
required  of  him  by  this  chapter  shall  for  each  month  of 
such  neglect  or  refusal  be  punished  by  a  fine  of  not  more 
than  twenty  dollars.  Approved  March  3,  1939. 


Chap.  41 

Emergency 
preamble. 


An  Act  reviving  h.  w.  bassett,  inc. 

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: 

H.  W.  Ba.ssett,  Inc.,  a  corporation  dissolved  by  section 
one  of  chapter  one  hundred  and  forty-eight  of  the  acts  of 
nineteen  hundred  and  thirty-three,  is  hereby  revived  with 
the  same  powers,  duties  and  obligations  as  if  said  chapter 
had  not  been  passed.  Approved  March  3,  1939. 


Chap. 


G.  L.  (Ter. 
Ed.),  140, 
§  145A,  etc., 
amended. 


Reimburse- 
ment. 


42  An   Act   relative   to   the   reimbursement   of   certain 

CITIES  and   towns   FOR   THE   COST  OF  ANTI-RABIC  VACCINE 
FURNISHED    TO    THEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  forty-five  A  of  chapter  one 
hundred  and  forty  of  the  General  Laws,  as  most  recently 
amended  by  chapter  three  hundred  and  seventy-five  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following:  —  No  city  or  town  for  which  a 
supply  of  such  vaccine  is  provided  by  a  contract  as  afore- 
said shall  be  reimbursed  hereunder  for  any  such  vaccine 
not  purchased  under  such  contract. 

Approved  March  3,  1939. 


Acts,  1939.  —  Chaps.  43,  44.  47 

An  Act  further  regulating  the  appointment  of  mem-  (JJiaj),   43 

BERS   OF  THE   BOARD   OF   ELECTION   COMMISSIONERS  IN  THE 
CITY    OF   CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  thirty-nine  of  the  acts  of  nine- 
teen hundred  and  twenty-one  is  hereby  amended  by  strik- 
ing out  section  three  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  3.  As  the  terms  of  the  several  election 
commissioners  expire,  and  in  case  a  vacancy  occurs  in  said 
board,  the  mayor  shall  so  appoint  their  successors  that  the 
members  of  the  board  shall,  as  equally  as  may  be,  represent 
the  two  leading  pohtical  parties,  and  in  no  case  shall  an 
appointment  be  so  made  as  to  cause  the  board  to  have 
more  than  two  members  of  the  same  political  party.  Every 
such  appointment  shall  be  made  by  the  mayor  from  a  list 
to  be  submitted  to  him  by  the  city  committee  of  the  politi- 
cal party  from  the  members  of  which  the  position  is  to  be 
filled,  containing  the  names  of  three  enrolled  members  of 
such  party  resident  in  said  city,  selected  by  vote  of  a  ma- 
jority of  the  whole  membership  of  such  committee;  and 
every  member  of  said  board  shall  serve  until  the  expiration 
of  his  term  and  until  his  successor  has  qualified.  No  ap- 
pointment to  said  board  need  be  confirmed  by  the  city 
council.  Approved  March  S,  1939. 

An  Act  relative  to   bonds   of  collectors   of  taxes  Cfiav    44 

WHEN    ACTING   AS    CITY    AND   TOWN    COLLECTORS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  sixty  of  the  General  Laws  is  hereby  amended  EdVeo^^sia 
by  striking  out  section  thirteen,  as  amended  by  section  five  etc!, 'amended! 
of  chapter  one  hundred  and  forty-three  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  and  inserting  in  place  thereof 
the  following:  —  Section  13.  The  collector  shall,  before  the  Bond  of 
commitment  to  him  of  any  taxes  of  any  year,  or,  if  he  is  a 
city  or  town  collector  under  section  thirty-eight  A  of  chap- 
ter forty-one,  before  such  commitment  or  the  collection  of 
any  other  accounts  due  his  city  or  town  and  not  included 
within  the  provisions  of  a  bond  previously  given  by  him 
and  still  in  force,  give  bond  for  the  faithful  performance  of 
his  duties  in  all  capacities  in  which  he  is  acting  as  collector 
either  in  the  collection  of  taxes  or  of  such  other  accounts, 
in  a  form  approved  by  the  commissioner  and  in  such  sum, 
not  less  than  the  amount  established  by  the  commissioner, 
as  shall  be  fixed  by  the  selectmen  or  mayor  and  aldermen. 
A  copy  of  each  such  bond  shall  be  delivered  to  the  commis- 
sioner. If  the  collector  does  not  give  bond  as  herein  re- 
quired, the  selectmen  or  mayor  and  aldermen  may  declare 
the  office  vacant  and  the  vacancy  may  be  filled  in  the  manner 
prescribed  by  section  forty  or  sixty-one  A  of  chapter  forty- 
one,  as  the  case  may  be.  Approved  March  S,  1939. 


collector  of 
taxes. 


48  Acts,  1939.  —  Chaps.  45,  46. 


Chap.  45  An  Act  authorizing  the  city  of  taunton  to  appropri- 
ate MONEY  TO  PROVIDE  FACILITIES  FOR  THE  HOLDING  IN 
SAID  CITY  OF  THE  STATE  CONVENTION  OF  THE  AMERICAN 
LEGION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Taunton  may  appropriate  a 
sum  not  exceeding  twenty-six  hundred  dollars  for  the  pur- 
pose of  providing  proper  facilities  for  public  entertainment 
at  time  of  the  state  convention  of  the  American  Legion,  to 
be  held  in  said  city  during  the  current  year,  and  of  paying 
the  expenses  incidental  to  such  entertainment.  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  March  4,  1939. 

Chap.   46  An  Act  further   extending   the   time   within   which 

TOWNS  MAY  APPROPRIATE  MONEY  FOR  TEMPORARY  EMER- 
GENCY unemployment  FUNDS,  AND  FURTHER  REGULATING 
THE  USE  OF  SAID  FUNDS. 

Emergency  Whcreas,   The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  ninety  of  the  acts  of  nineteen  hun- 
dred and  thirty-five,  as  amended  by  chapter  four  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out,  in  the  first  to  the  fifth  lines,  inclu- 
sive, the  words  "During  the  calendar  years  nineteen  hun- 
dred and  thirty-five  to  nineteen  hundred  and  thirty-eight, 
inclusive,  any  town  may  by  two  thirds  vote  appropriate 
money  to  be  set  apart  and  administered  as  a  general  unem- 
ployment relief  fund"  and  inserting  in  place  thereof  the 
words:  —  Any  town  may  by  two  thirds  vote  establish  and 
appropriate  money  for  a  separate  fund,  —  so  as  to  read  as 
follows :  —  Any  town  may  by  two  thirds  vote  establish  and 
appropriate  money  for  a  separate  fund,  for  expenditure  by 
or  under  the  direction  of  the  boards  and  ofl[icers  in  charge 
of  town  departments,  subject  to  the  approval  of  a  board  of 
administration  consisting  of  such  town  officers  ex  ofliciis  as 
the  town  shall  by  its  vote  determine,  for  the  construction, 
improvement,  or  repair  of  public  ways,  public  parks,  sewer- 
age and  water  supply  systems,  municipal  buildings  and  other 
municipal  works  or  undertakings,  whereby  employment  may 
be  afforded  citizens  of  the  town  who  shall  be  determined, 
in  such  manner  as  the  town  shall  by  its  vote  prescribe,  to  be 
in  need  thereof,  or  for  the  purchase  or  hire  of  materials. 


Acts,  1939. —Chap.  47.  49 

supplies  and  equipment  and  the  employment  of  labor  for 
the  furtherance  of,  or  as  the  contribution  of  the  town  to, 
any  federal  unemployment  relief  project  undertaken  or  to 
be  undertaken  within  the  town. 

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

Section  2.  Said  chapter  ninety  is  hereby  further  amended 
by  adding  at  the  end  the  following  new  section:  —  Section  2. 
This  act  shall  become  inoperative  on  the  thirty-first  day 
of  December  in  the  year  nineteen  hundred  and  forty-three, 
but  any  balance  of  a  fund  established  as  authorized  by  sec- 
tion one  which  remains  unexpended  on  said  date  may  be 
expended  in  accordance  with  said  section  one  in  the  fol- 
lowing year.  Approved  March  4>  1939. 


An  Act  providing  for  the  appointment  of  the  city  QJku)    47 
physician  of  the  city  of  chelsea  by  the  mayor,  sub- 
ject  to  the  approval  of  the  board  of  aldermen  of 
said  city,  and  for  the  removal  of  such  physician. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  fifty-one  of  Part  II  of  chapter  six 
hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
eleven,  as  most  recently  amended  by  section  one  of  chapter 
eighty-one  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
is  hereby  further  amended  by  inserting  after  the  word 
"aldermen"  in  the  second  line  the  words:  —  ,  a  city  physi- 
cian, —  so  as  to  read  as  follows:  —  Section  51.  The  mayor 
shall  appoint,  subject  to  the  approval  of  the  board  of  alder- 
men, a  city  physician,  a  city  solicitor,  a  chief  of  police,  a 
city  engineer,  who  shall  be  superintendent  of  streets  and 
sewers,  who  shall  have  the  powers  of  surveyors  of  highways 
and  all  the  powers  of  road  commissioners  not  herein  other- 
wise conferred;  a  chief  engineer  of  the  fire  department;  a 
superintendent  of  public  buildings,  and  a  superintendent  of 
fire  alarms.  Every  administrative  officer  so  appointed  shall, 
unless  sooner  removed,  hold  office  until  his  successor  is 
appointed  and  qualified.  Any  officer  so  appointed  under 
this  section  may  be  removed  by  the  mayor,  for  such  cause 
as  he  shall  deem  sufiicient  and  shall  assign  in  writing  in  his 
order  of  removal,  and  the  removal  shall  take  effect  upon  the 
filing  of  the  order  in  the  office  of  the  city  clerk  and  the  serv- 
ice of  a  copy  of  such  order  upon  the  officer  removed  either 
personally  or  at  his  last  or  usual  place  of  residence.  The 
city  clerk  shall  keep  such  order  on  file  and  subject  to  public 
inspection. 


50  Acts,  1939.  —  Chaps.  48,  49. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Chelsea  at  the  biennial 
municipal  election  in  the  current  year  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  "Shall  an  act  passed  by 
the  general  court  in  the  year  nineteen  hundred  and  thirty- 
nine,  entitled  'An  act  providing  for  the  appointment  of  the 
city  physician  of  the  city  of  Chelsea  by  the  mayor,  subject 
to  the  approval  of  the  board  of  aldermen  of  said  city,  and 
for  the  removal  of  such  physician',  be  accepted?"  If  a 
majority  of  the  votes  cast  on  said  question  is  in  the  affirma- 
tive, then  this  act  shall  take  effect  on  the  first  Monday  of 
January  in  the  year  nineteen  hundred  and  forty,  but  not 
otherwise.  Approved  March  4,  1939. 


Chap.  48  An  Act  relative  to  the  arrangement  of  the  names  of 

CANDIDATES  ON  BALLOTS  TO  BE  USED  AT  PRELIMINARY 
elections  in  the  city  of  new  BEDFORD. 

Be  it  enacted,  etc.,  as  follows: 

The  names  of  candidates  for  nomination  at  prehminary 
elections  in  the  city  of  New  Bedford  shall  be  arranged  on 
the  official  ballots  to  be  used  at  such  elections  alphabetically 
according  to  their  surnames,  notwithstanding  any  provision 
of  chapter  forty-three  of  the  General  Laws. 

Approved  March  4,  1939. 

Chap.  49  An  Act  authorizing  the  corporation  known  as  the 

TRUSTEES  OF  THE  GRAMMAR  SCHOOL  FUND,  IN  THE  TOWN 
OF  LINCOLN,  IN  THE  COUNTY  OF  MIDDLESEX,  TO  CONVEY 
AND  TRANSFER,  AND  THE  TOWN  OF  LINCOLN  TO  RECEIVE 
AND  ADMINISTER,  THE  FUNDS  AND  OTHER  PROPERTY  OF 
SAID   CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Trustees  of  the  Grammar  School  Fund, 
in  the  town  of  Lincoln,  in  the  County  of  Middlesex,  a  cor- 
poration created  by  act  of  the  general  court,  approved  on 
February  twenty-second,  eighteen  hundred  and  eleven,  is 
hereby  authorized,  pursuant  to  such  decree,  if  any,  of  any 
court  of  competent  jurisdiction  as  may  be  necessary  and  in 
compliance  with  the  terms  and  conditions  of  such  decree, 
to  convey  and  transfer  to  the  town  of  Lincoln,  and  said 
town  is  hereby  authorized  to  receive  from  said  corporation, 
and  to  administer,  all  funds  or  other  property  held  by  said 
corporation  in  trust  and  also  any  property  devised  or  be- 
queathed to  said  corporation  under  the  will  of  any  person 
living  at  the  time  of  said  transfer  or  conveyance  or  under 
the  will  of  any  deceased  person  not  then  probated.  Interest 
and  dividends  accruing  on  funds  deposited  in  trust  with  any 
savings  bank  or  with  any  other  banking  institution  for  the 
benefit  of  the  corporation  may  after  such  conveyance  and 


Acts,  1939. —Chaps.  50,  51.  51 

transfer  be  paid  by  such  bank  or  institution  to  the  treasurer 
of  said  town;  and  upon  said  payment  said  treasurer  shall 
use  the  same  for  the  purposes  of  said  trust. 

Section  2.  All  property  acquired  by  said  town  from  said 
corporation  under  authority  of  section  one  shall  be  under 
the  management  and  control  of  the  trust  fund  commis- 
sioners of  said  town.  The  records  of  said  corporation  shall 
be  delivered  to  the  clerk  of  said  town  and  such  clerk  may 
certify  copies  thereof. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  the  town 
of  Lincoln  voting  thereon  at  an  annual  or  a  special  town 
meeting  of  said  town  held  not  later  than  the  annual  town 
meeting  in  the  year  nineteen  hundred  and  forty,  and  upon 
its  acceptance  by  vote  of  said  corporation. 

Section  4.  Upon  the  conveyance  and  transfer  of  said 
property  and  the  acceptance  thereof  by  the  town  of  Lincoln 
said  corporation  shall  be  dissolved. 

Approved  March  4,  1939. 

An  Act  relative  to  the  placing  of  carl  i.  cheever  of  QJkjj)    50 
lynnfield    on    the    retired    list    of    commissioned 
officers  of  the  militia. 

Be  it  enacted,  etc.,  as  follows: 

The  adjutant  general  is  hereby  authorized  and  directed 
to  place  Carl  I.  Cheever  of  Lynnfield  upon  the  retired  list 
of  commissioned  officers  provided  for  the  purpose  by  the 
provisions  of  section  ninety-eight  of  chapter  thirty-three 
of  the  General  Laws,  or  corresponding  provisions  of  earlier 
laws,  with  the  rank  of  captain,  as  of  October  thirty-first, 
nineteen  hundred  and  thirty-four. 

Approved  March  8,  1939. 

An    Act    authorizing    the    county    commissioners    of  rh^j^     51 

HAMPSHIRE    COUNTY    TO    PURCHASE    CERTAIN    LAND    IN   THE  ^' 

TOWN  OF  GOSHEN  FOR  USE  BY  THE  TRUSTEES  FOR  COUNTY 
AID   TO   AGRICULTURE   IN   SAID    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  county  of 
Hampshire  are  hereby  authorized  to  purchase,  at  a  cost  not 
exceeding  two  thousand  dollars,  a  certain  parcel  of  land  lo- 
cated in  the  town  of  Goshen  adjoining  the  Daughters  of  the 
American  Revolution  state  forest  and  owned  by  the  Marion 
B.  Greenwood  Trustees,  for  use  by  the  trustees  for  county 
aid  to  agriculture  in  said  county,  the  purchase  price  to  be 
taken  from  the  appropriation  for  the  current  year  for  county 
aid  to  agriculture  in  said  county. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  March  11,  1939. 


52  Acts,  1939.  —  Chap.  52. 


Chap.  52  An  Act  authorizing  the  city  of  springfield  to  supple- 
ment ITS  SEWERAGE  SYSTEM  BY  A  SEWAGE  TREATMENT 
PLANT  IN  THE  TOWN  OF  AGAWAM  AND  BY  OTHER  MEANS, 
AND  TO  ACQUIRE  THEREFOR  LAND  AND  RIGHTS  IN  SAID 
CITY  AND  TOWN  AND  IN  THE  TOWN  OF  WEST  SPRINGFIELD, 
AND  RATIFYING  CERTAIN  ACTS  OF  SAID  CITY  IN  RELATION 
THERETO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  chapter  ninety-one  of  the  General 
Laws  and  the  laws  of  the  United  States  as  to  structures  in, 
over  or  under  the  Connecticut  and  Westfield  rivers,  the  city 
of  Springfield,  for  the  purpose  of  augmenting  and  supple- 
menting its  system  of  sewage  collecting  and  sewage  disposal 
and  for  the  purpose  of  removing  pollution  from  the  Con- 
necticut river,  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  purchase, 
lease  or  otherwise,  such  areas  of  land,  water  rights,  water 
privileges,  rights  of  way  and  easements  in  said  city  and  in 
the  towns  of  Agawam  and  West  Springfield  as  may  be  neces- 
sary for  or  in  connection  with  the  construction  of  a  sewage 
treatment  plant  located  in  said  town  of  Agawam,  for  the 
construction  of  a  force  main  and  an  outfall  sewer  extending 
from  the  sewage  collecting  system  of  said  city,  or  any  en- 
largement or  development  thereof,  to  said  plant  and  for  the 
construction  of  sewers,  drains  and  pipes  in  enlargement  of 
said  system  or  connecting  the  same  with  said  force  main 
and  said  outfall  sewer,  of  ways  and  approaches  to  said  plant 
and  of  dikes  for  the  protection  of  said  plant,  ways  and 
approaches,  and  may  so  take  or  acquire  such  additional 
land  as  may  be  necessary  for  the  protection  and  isolation  of 
such  drains,  sewers  and  sewage  treatment  works  from  the 
uses  to  which  surrounding  areas  may  be  put;  all  subject  to 
the  approval  of  the  state  department  of  pubHc  health  as 
provided  in  section  nine. 

Section  2.  Said  city  may  construct,  operate  and  main- 
tain, within  the  limits  described  in  section  one  and  subject 
to  the  provisions  of  law  referred  to  therein,  and  to  all  provi- 
sions of  this  act,  a  force  main  and  an  outfall  sewer  and  such 
drains,  sewers  and  sewage  treatment  works  as  may  be  neces- 
sary for  the  purposes  of  treating  the  sewage,  present  and 
future,  of  said  city  and  of  said  town  of  Agawam,  together 
with  such  ways  and  approaches  thereto  and  such  dikes  for 
the  protection  of  said  sewage  treatment  plant,  ways  and 
approaches,  as  said  city  may,  from  time  to  time,  determine 
to  be  necessary  and  convenient  therefor. 

Section  3.  Said  city  and  said  town  of  Agawam  may 
agree  upon  the  terms,  conditions  and  charges  under  which 
and  upon  payment  whereof  said  city  shall  treat  in  said  sew- 
age treatment  plant  the  sewage  of  said  town. 

Said  town  is  hereby  authorized  pursuant  to  any  such 
agreement  to  connect  its  sewers  and  force  mains  with  said 


Acts,  1939. —Chap.  52.  53 

sewage  treatment  plant,  subject  to  chapter  ninety-one  of 
the  General  Laws  and  the  laws  of  the  tJnited  States,  and 
said  city,  acting  through  the  superintendent  of  its  depart- 
ment of  streets  and  engineering,  under  the  general  direction 
of  its  board  of  supervisors,  is  hereby  authorized  to  treat  the 
sewage  of  said  town  in  said  sewage  treatment  plant  upon  the 
terms  and  conditions  and  payment  of  charges  agreed. 

Section  4.  The  superintendent  of  the  department  of 
streets  and  engineering  of  said  city,  under  the  general  direc- 
tion of  its  board  of  supervisors,  shall,  subject  to  control  by 
the  city  council  of  said  cit}'^,  have  general  supervision  of  the 
sewage  collecting  system  of  said  city  and  said  sewage  treat- 
ment plant  and  the  drains,  sewers,  force  mains,  ways  and 
approaches  leading  thereto  and  the  dikes  for  the  protection 
of  said  plant,  ways  and  approaches. 

Section  5.  The  board  of  supervisors  of  said  city,  sub- 
ject to  the  approval  of  the  city  council  thereof,  may  devise 
and  put  into  operation  a  system  of  just  and  equitable  annual 
charges,  not  inconsistent  with  chapter  eighty-three  of  the 
General  Laws,  upon  owners  of  land  located  within  said  city 
who,  by  means  of  sewer  entrances  into  the  sewerage  system, 
or  otherwise,  use  said  sewage  treatment  plant  or  any  of  the 
appurtenances  thereto,  or  drains  connected  therewith.  Such 
charges  shall  constitute  a  lien  upon  all  such  estates  from  the 
first  day  of  January  in  the  year  to  which  they  relate,  shall 
be  certified  to  the  assessors  of  said  city  by  said  board  of 
supervisors  and  shall  be  committed  by  said  assessors  to  the 
collector  of  taxes  of  said  city  with  their  warrant  at  the  same 
time  that  the  annual  taxes  on  real  estate  are  so  committed. 
Section  twenty-eight  of  chapter  eighty-three  of  the  General 
Laws  shall  apply  to  such  charges. 

Section  6.  Said  force  main,  outfall  sewer,  drains,  sew- 
age treatment  plant,  dikes  and  other  works,  ways  and 
approaches  may  be  constructed  under  or  over  any  water 
course  or  way,  and  said  city  may  enter  upon  and  dig  up  and 
excavate  any  private  land  or  public  or  private  way  for  the 
purposes  of  constructing,  operating  or  maintaining  such 
force  main,  outfall  sewer,  drains,  dikes,  sewage  treatment 
plant  or  other  works,  ways  or  approaches,  of  repairing  the 
same,  and  of  doing  any  other  things  necessary  or  proper  for 
any  of  the  foregoing  purposes;  provided,  that  no  conduits 
or  pipes  shall  be  laid  in  a  public  way  except  under  the  direc- 
tion of  the  state  department  of  public  works  in  the  case  of 
state  highways  or,  in  the  case  of  other  ways,  if  in  said  city, 
under  the  supervision  of  the  superintendent  of  its  depart- 
ment of  streets  and  engineering,  under  the  general  direction 
of  its  board  of  supervisors,  and,  if  in  one  or  more  towns, 
under  the  supervision  of  the  selectmen  of  each  town  as  to 
the  part  of  such  way  therein  situated;  and  provided,  fur- 
ther, that  any  state  highway  or  public  way  in  a  town  in 
which  the  work  is  done  under  any  provision  of  this  act  shall 
be  restored  by  said  city  to  a  condition  satisfactory  to  said 
state  department  of  public  works  or  said  selectmen,  as  the 


54  Acts,  1^39.  —  Chap.  52. 

case  may  be.  Said  city  shall  not  take  in  fee  any  land  of  a 
railroad  corporation,  and  it  shall  not  enter  upon  or  construct 
any  drain  or  sewer  within  the  location  of  any  railroad  cor- 
poration except  at  such  times  and  in  such  manner  as  it  shall 
agree  upon  with  said  corporation,  or,  in  case  of  failure  to 
agree,  as  may  be  approved  by  the  department  of  public 
utihties. 

Section  7.  Said  city  may  make  any  other  lawful  use  of, 
or  may  transfer  by  grant  or  otherwise  to  any  person,  city 
or  town  or  to  the  commonwealth,  any  of  the  property,  rights 
or  easements  acquired  under  this  act  and  no  longer  needed, 
and  said  city  is  expressly  authorized  to  convey  any  portion 
of  the  lands,  rights  or  easements  so  acquired  to  the  town  of 
Agawam  or  the  town  of  West  Springfield  which  may  be 
necessary  for  the  laying  out  and  constructing  public  ways 
therein,  and  to  convey  to  the  commonwealth  such  portions 
thereof  as  may  be  useful  or  necessary  for  the  laying  out  or 
construction  of  state  highways. 

Section  8.  Said  city,  for  the  purpose  of  paying  the 
necessary  expenses  and  Habilities  incurred  under  this  act, 
may  incur  indebtedness  within  existing  legal  limits,  and, 
from  time  to  time,  may  issue  therefor  bonds  or  notes,  or 
may  by  appropriation  of  money  or  by  the  use  of  federal 
funds,  or  by  the  use  of  any  or  all  of  these  means,  raise 
moneys  to  meet  the  expenditures  therefor. 

Section  9.  Any  action  taken  by  said  city  prior  to  the 
passage  of  this  act,  including  the  borrowing  or  spending  of 
moneys  or  use  of  federal  funds,  in  the  acquisition  of  land  or 
rights  therein  or  in  furtherance  of  the  construction  or  devel- 
opment of  said  system  or  in  the  protection  thereof,  is  hereby 
ratified  and  approved,  subject  to  the  approval  of  the  state 
department  of  pubUc  health,  and  upon  such  approval  shall 
have  the  same  effect  and  validity  as  if  this  act  had  been  in 
effect  prior  to  such  action.  Except  as  aforesaid  and  except 
in  the  preparation  of  plans,  nothing  shall  be  done  under 
authority  of  this  act  until  the  plans  for  said  system  for  col- 
lecting sewage  and  said  sewage  treatment  plant,  including 
the  lands  to  be  acquired  in  connection  therewith,  have  been 
approved  by  said  department  of  public  health,  after  a  hear- 
ing of  which  due  notice  to  the  public  shall  have  been  given, 
nor  until  all  proposed  structures  to  be  constructed  by  said 
city  in,  over,  under  or  upon  the  waters  of  the  Connecticut 
river  or  the  Westfield  river,  or  both,  have  been  approved 
by  the  state  department  of  pubhc  works  in  accordance  with 
section  twelve  of  chapter  ninety-one  of  the  General  Laws, 
after  obtaining  any  approval  required  by  the  laws  of  the 
United  States.  At  the  hearing  before  said  department  of 
public  health,  plans  showing  all  the  work  to  be  done  in  con- 
structing said  system  for  collecting  sewage  and  said  sewage 
treatment  plant  shall  be  submitted  by  said  city  for  the 
approval  of  said  department.  Said  system  and  plant  shall 
be  constructed  in  accordance  with  said  plans  so  approved. 


Acts,  1939. —Chap.  53.  55 

Section  10.  Any  city  or  town  bounding  on  either  said 
city  or  said  town  of  Agawam  may  connect  its  sewers  or 
force  mains  with  the  sewerage  system,  including  the  sewage 
treatment  plant,  of  said  city  if  an  agreement  therefor  shall 
have  been  made  by  said  city  of  Springfield  and  such  city  or 
town,  acting  through  their  respective  boards  or  officers 
having  charge  of  sewers;  but  no  such  agreement  shall  be 
entered  into  until  public  hearings,  of  which  due  notice  to 
the  pubhc  shall  have  been  given,  have  been  held  by  such 
boards  or  officers  in  the  cities  and  towns  which  are  parties 
thereto,  nor  until  authorized  by  vote  of  the  city  council 
of  each  such  city,  with  the  approval  of  the  mayor,  and  by  a 
town  meeting  in  each  such  town.  Every  such  agreement 
shall  state  the  terms  and  conditions  upon  which  said  con- 
nections are  to  be  made  and  shall  be  recorded  in  the  office 
of  the  clerk  of  every  such  city  and  town.  Every  such  agree- 
ment may  provide  for  the  payment  by  the  connecting  city 
or  town  to  said  city  of  Springfield  of  a  stated  sum  at  the 
time  when  the  connection  is  made  or  a  yearly  payment  be- 
ginning in  the  year  in  which  connection  is  made,  or  both. 
Such  payments  may  be  based  upon  the  relative  quantities 
of  sewage  contributed  for  treatment  to  the  plant  by  the 
respective  cities  and  towns.  The  agreement  shall  also  state 
the  terms,  conditions  and  regulations  in  accordance  with 
which  the  sewage  of  any  city  or  town  may  be  discharged 
into  the  sewerage  system  or  the  sewage  treatment  plant  of 
said  city  of  Springfield.  No  connection  shall  be  made  under 
this  act  with  the  sewerage  system  of  said  city  until  plans 
showing  such  proposed  connection  and  showing  the  terri- 
tory within  the  connecting  city  or  town  which  is  to  be  con- 
nected with  said  system  have  been  submitted  to  and  approved 
by  the  state  department  of  public  health.  Such  plans  shall 
also  be  filed  in  the  oflfice  of  the  clerk  of  each  city  and  town 
entering  into  such  an  agreement. 

Section  11.  This  act  shall  take  effect  upon  its  passage. 
Approved  March  11,  1939. 

An  Act  authorizing  the   Springfield  branch   of  the  fhn^     co 
woman's  board  of  missions  to  grant  and  convey  its  ^* 

funds  and  other  property  and  thereupon  to  be  dis- 
solved. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Springfield  Branch  of  the  Woman's 
Board  of  Missions,  a  corporation  incorporated  by  chapter 
two  hundred  and  forty-two  of  the  acts  of  eighteen  hundred 
and  ninety-six,  as  amended,  is  hereby  empowered  to  grant, 
transfer,  assign,  set  over  and  convey  all  funds  and  property 
held  by  it,  other  than  the  fund  referred  to  in  section  two  of 
this  act,  to  The  American  Board  of  Commissioners  for  For- 
eign Missions,  a  corporation  duly  estabhshed  under  chapter 
twenty-one  of  the  acts  of  eighteen  hundred  and  twelve. 


56  Acts,  1939. —Chap.  53. 

said  The  American  Board  of  Commissioners  for  Foreign 
Missions  to  hold,  manage  and  dispose  of  all  such  funds  and 
property  under  the  same  trusts,  uses  and  purposes  as  if  the 
same  had  continued  to  be  held  by  said  The  Springfield 
Branch  of  the  Woman's  Board  of  Missions. 

Section  2.  The  fund  of  said  The  Springfield  Branch  of 
the  Woman's  Board  of  Missions  known  as  the  Norton  Me- 
morial Fund  shall  be  excluded  from  the  authorization  of 
section  one  of  this  act  and  said  The  Springfield  Branch  of 
the  Woman's  Board  of  Missions  is  hereby  empowered  to 
grant,  transfer,  assign,  set  over  and  convey  said  fund  for 
the  benefit  of  an  unincorporated  organization  known  as 
Hampden  County  Council  of  Congregational  Women,  the 
legal  title  to  such  fund  to  be  vested  in  a  trustee  to  be  named 
by  the  probate  court  for  the  county  of  Hampden  upon  a 
petition  addressed  thereto  by  said  The  Springfield  Branch 
of  the  Woman's  Board  of  Missions.  In  the  event  that  said 
The  Springfield  Branch  of  the  Woman's  Board  of  Missions 
shall  fail  to  petition  hereunder  or  that,  by  reason  of  the 
resignation,  death,  incapacity  or  failure  to  qualify  of  any 
trustee  appointed  hereunder,  there  shall  be  no  trustee  here- 
under, the  vacancy  thus  resulting  may  be  filled  by  the  pro- 
bate court  for  the  county  of  Hampden  upon  a  petition  ad- 
dressed thereto  by  two  or  more  persons,  each  of  whom  shall 
be  a  member  of  a  Congregational  Church  in  said  county  of 
Hampden. 

Section  .3.  Transfer  of  said  funds  and  property  in  the 
name  and  on  behalf  of  The  Springfield  Branch  of  the 
Woman's  Board  of  Missions  shall  be  made  by  Henrietta 
R.  Morrill,  treasurer,  upon  the  affirmative  vote  of  two  thirds 
of  the  following  persons:  —  Emma  E.  Brigham,  Henrietta 
R.  Morrill,  Dorothy  C.  Sturtevant,  Leirion  H.  Applcton, 
George  R.  Bond,  Lucy  C.  Gillett,  Alice  C.  Woodin,  Amy 
Robinson,  Bernice  H.  Blomfield,  said  persons  being  those 
heretofore  acting  as  a  Holdings  Committee,  and  said  per- 
sons are  hereby  constituted  the  corporate  members  of  The 
Springfield  Branch  of  the  Woman's  Board  of  Missions,  the 
original  members  having  deceased  without  provision  in  the 
by-laws  for  the  perpetuation  of  the  membership  of  said 
corporation. 

Section  4.  The  power  granted  in  sections  one  and  two 
of  this  act  shall  be  exercised  only  in  conformity  with  such  a 
decree,  if  any,  of  the  probate  court  for  the  county  of  Hamp- 
den, sitting  in  equity,  as  may  be  entered  within  one  year 
after  the  effective  date  of  this  act,  and  after  such  notice  by 
publication  to  the  members  of  the  several  Congregational 
Churches  in  the  county  of  Hampden  as  said  court  may  deem 
proper;  provided,  that  all  the  authority  conferred  by  this 
act  is  hereby  declared  to  be  limited  to  such  authority  as  the 
general  court  is  competent  to  grant. 

Section  5.  The  corporate  existence  of  said  The  Spring- 
field Branch  of  the  Woman's  Board  of  Missions  shall  cease 


Acts,  1939.  —  Chaps.  54,  55.  57 

and  determine,  upon  the  transfer  of  all  of  its  assets  as  au- 
thorized by  the  preceding  sections  of  this  act. 

Section  6.  All  gifts,  grants,  bequests  and  devises  made 
or  accruing  to,  or  for  the  benefit  of,  said  The  Springfield 
Branch  of  the  Woman's  Board  of  Missions,  after  the  transfer 
of  its  assets  as  hereinbefore  provided,  shall  vest  in  said 
American  Board  of  Commissioners  for  Foreign  Missions 
unless  the  terms  of  said  gift,  grant,  bequest  or  devise  or  the 
carrying  out  of  the  provisions  thereof  shall  otherwise  require. 

Approved  March  11,  1939. 

An  Act  further  regulating  the  temporary  absence  Qhav.   54 
ON   leave   of   certain   prisoners   committed   to   the 
bridgewater  state  hospital. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  five  of  chapter  one  hundred  and  ^j^  [J^^- 
twenty-three  of  the  General  Laws,  as  amended  by  chapter  §  105,  etc., 
one  hundred  and  thirty  of  the  acts  of  nineteen  hundred  and  ''"'^'''^^'^• 
thirty-six,  is  hereby  further  amended  by  inserting  after  the 
word  "director"  in  the  seventy-first  line  the  words:  —  and 
the  commissioner,  —  so  that  the  last  paragraph  will  read 
as  follows:  — 

If  a  prisoner  under  complaint  or  indictment  is  committed  Jbs^J^ce  o7 
in  accordance  with  section  one  hundred,  and  such  complaint  certain 
or  indictment  is  dismissed  or  nol  prossed,  or  if  a  prisoner  is  p"^""^""*- 
committed  in  accordance  with  sections  one  hundred  and 
three  or  one  hundred  and  four,  and  his  sentence  has  expired, 
the  superintendent  of  the  institution  to  which  commitment 
was  made  or  said  medical  director  and  the  commissioner,  in 
case  of  commitment  to  the  Bridgewater  state  hospital,  as 
the  case  may  be,  may  permit  such  prisoner  temporarily  to 
leave  such  institution  in  accordance  with  sections  eighty- 
eight  and  ninety.  The  word  "prisoner"  as  used  in  this  sec- 
tion shall  include  all  persons  committed  under  section  one 
hundred,  whether  or  not  in  custody  when  so  committed; 
and  in  construing  this  section  a  maximum  and  minimum 
sentence  shall  be  held  to  have  expired  at  the  end  of  the 
minimum  term,  and  an  indeterminate  sentence,  at  the  end 
of  the  maximum  period  fixed  by  law. 

^Approved  March  11,  1939. 

An  Act  extending  the  time  for  acceptance  of,  and  nhn^     55 

FURTHER    amending,     AN     ACT     ESTABLISHING    THE     WEST  ^' 

BOYLSTON   W^ATER  DISTRICT  OF  WEST  BOYLSTON. 

Be  it  enacted,  etc.,  as  follows. ■ 

Chapter  three  hundred  and  fifty-two  of  the  acts  of  nine- 
teen hundred  and  thirty-three  is  hereby  amended  by  striking 
out  section  thirteen  and  inserting  in  place  thereof  the  fol- 
lowing: —  ^Vr^/on  13.     This  act  shall  take  full  effect  upon 


58 


Acts,  1939.  —  Chaps.  56,  57. 


its  acceptance  by  a  two  thirds  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  eight 
years  after  its  passage.  Approved  March  11,  1939. 


Chap.   56  -^N  Act  relative  to  the  annual  observance  of  august 

TWELFTH   AS   INDIAN   DAY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  six  of  the  General  Laws  is  hereby  amended  by 


G.  L.  (Ter. 
Ed.),  6,  §  121, 
etc.,  amended. 


Indian  Day, 
observance  of. 


striking  out  section  twelve  I,  inserted  by  chapter  one  hun- 
dred and  eighty-four  of  the  acts  of  nineteen  hundred  and 
thirty-five,  and  inserting  in  place  thereof  the  following:  — 
Section  121.  The  governor  shall  annually  issue  a  proclama- 
tion setting  apart  August  twelfth  as  Indian  Day  and  recom- 
mending that  it  be  observed  by  the  people  with  appropriate 
exercises  commemorative  of  the  Indian  tribes  of  Massachu- 
setts. Approved  March  11,  1939. 


G.  L.  (Ter. 
Ed.),  201,  §  30, 
amended. 


Chap.   57  An  Act  abolishing  the  residential  qualification  of 

CERTAIN  GUARDIANS  OF  WARDS  RESIDING  IN  ANOTHER 
STATE  WITH  RESPECT  TO  CERTAIN  PROBATE  COURT  PRO- 
CEEDINGS  IN   THIS    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  thirty  of  chapter  two  hundred  and  one  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  third  line,  the  words 
"person,  also  resident  in  such  other  state"  and  inserting  in 
place  thereof  the  words :  —  guardian  appointed  in  any  state 
other  than  this  commonwealth,  —  and  by  striking  out,  in 
the  eighteenth  line,  the  words  "resident  guardian,  executor 
or  administrator"  and  inserting  in  place  thereof  the  words: 
—  guardian,  executor  or  administrator  appointed  by  a  court 
of  this  commonwealth,  —  so  as  to  read  as  follows :  —  Sec- 
tion 30.  If  a  resident  of  another  state  is  entitled  to  real  or 
personal  property  of  any  description  in  this  commonwealth, 
and  is  under  the  guardianship  of  a  guardian  appointed  in 
any  state  other  than  this  commonwealth,  who  produces 
to  the  probate  court  of  the  county  where  such  property  or 
the  principal  part  thereof  is  situated  a  full  and  complete 
and  duly  exemplified  or  authenticated  transcript  from  the 
records  of  a  court  of  competent  jurisdiction  in  such  other 
state,  showing  that  he  has  there  been  appointed  such  guard- 
ian, and  has  given  a  bond  and  security  in  double  the  value 
of  the  property  of  such  ward,  such  transcript  may  be  re- 
corded in  such  probate  court,  and  such  guardian  shall  be 
entitled  to  receive  from  such  court  letters  of  guardianship 
of  the  estate  of  such  ward  in  this  commonwealth  which  shall 
authorize  him  to  care  for  and  manage  the  real  and  personal 
property  of  such  ward,  to  collect  the  rents  and  profits  there- 


Proceedings 
for  non- 
resident 
guardians, 
etc. 


Acts,  1939.  —  Chap.  58.  59 

from  and  to  demand,  sue  for  and  recover  any  such  property, 
and  to  remove  any  of  the  movable  property  or  estate  of 
such  ward  out  of  this  commonwealth,  if  such  removal  will 
not  conflict  with  the  terms  and  limitations  attending  the 
right  by  which  the  ward  holds  the  same.  Such  probate 
court  may  also  order  any  guardian,  executor  or  administra- 
tor appointed  by  a  court  of  this  commonwealth  who  has 
any  of  the  estate  of  such  ward  to  deliver  the  same  to  any 
person  who  has  taken  out  letters  of  guardianship  as  aforesaid. 

Approved  March  11,  1939. 

An  Act  authorizing  the  town  of  stoneham  to  grant  fhrtrt    58 

TO   MARY   MCDONOUGH   A   RIGHT  OF   WAY   IN    CERTAIN   LAND  "* 

BELONGING   TO    SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Stoneham  is  hereby  authorized 
to  grant  without  monetary  consideration  to  Mary  McDon- 
ough  of  said  Stoneham  and  her  heirs  and  assigns  a  right 
of  way  to  pass  and  repass  for  all  purposes  over  the  parcel 
of  land  hereinafter  described  between  her  real  estate  bound- 
ing on  said  parcel  and  Pleasant  street  in  said  Stoneham; 
said  Mary  McDonough  having  been  deprived,  by  the  taking 
hereinafter  referred  to,  of  a  right  of  way  which  she  had 
and  exercised  in  said  parcel,  and  having  received  no  com- 
pensation therefor.  Said  parcel  is  owned  and  used  by  said 
town  as  a  means  of  access  to  its  playground  situated 
near  said  Pleasant  street  and  is  bounded  and  described  as 
follows :  — 

On  the  north  by  land  now  or  formerly  of  Mabel  Hill, 
one  hundred  and  seven  feet; 

On  the  east  by  said  Pleasant  street,  twelve  and  ninety- 
one  one-hundredths  feet; 

On  the  south  by  the  land  of  Mary  McDonough  to  and  from 
which  said  right  of  way  may  be  granted,  one  hundred  and 
seven  feet; 

On  the  west  by  other  land  of  said  town  of  Stoneham  used 
as  a  playground,  twelve  and  ninety-five  one-hundredths 
feet; 

Being  a  part  of  the  premises  described  in  a  taking  by  said 
town  of  Stoneham  dated  November  sixteen,  nineteen  hun- 
dred and  twenty-seven,  and  recorded  with  Middlesex  south 
district  deeds,  book  5170,  page  389. 

Section  2.  This  act  shall  take  full  effect  upon  its 
acceptance  by  vote  of  the  inhabitants  of  said  town  at  any 
annual  town  meeting  or  at  any  special  town  meeting  called 
for  the  purpose.  Approved  March  11,  1939. 


60  Acts,  1939.  —  Chaps.  59,  60. 


Chap.    59  An  Act  providing  for  the  appointment  of  the  city 

CLERK  OF  THE  CITY  OF  CHELSEA  BY  THE  MAYOR,  SUB- 
JECT TO  THE  APPROVAL  OF  THE  BOARD  OF  ALDERMEN, 
AND  FOR  THE  REMOVAL  OF  A  CLERK  SO  APPOINTED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Part  II  of  chapter  six  hundred  and  eighty 
of  the  acts  of  nineteen  hundred  and  eleven  is  hereby  amended 
by  inserting  after  section  fifty-one,  as  amended,  the  following 
new  section:  —  Section  51  A.  The  mayor  shall  appoint,  sub- 
ject to  the  approval  of  the  board  of  aldermen,  a  city  clerk, 
who  shall,  unless  sooner  removed,  hold  office  until  his  suc- 
cessor is  qualified.  Said  city  clerk  may  be  removed  by  the 
mayor,  for  such  cause  as  he  shall  deem  sufficient  and  shall 
assign  in  writing  in  his  order  of  removal,  and  the  removal 
shall  take  effect  upon  the  fifing  of  the  order  in  the  office  of 
the  city  clerk  and  the  service  of  a  copy  of  such  order  upon 
said  city  clerk  either  personally  or  at  his  last  or  usual  place 
of  residence.  The  city  clerk  shall  keep  such  order  on  file 
and  subject  to  public  inspection. 

Section  2.  The  city  clerk  of  the  city  of  Chelsea  in  office 
immediately  prior  to  the  effective  date  of  this  act  shall 
continue  to  hold  office  in  accordance  with  the  terms  of  his 
appointment,  notwithstanding  any  provision  of  this  act. 

Section  .3.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Chelsea  at  the  biennial 
municipal  election  in  the  current  year  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  "Shall  an  act  passed  by 
the  general  court  in  the  year  nineteen  hundred  and  thirty- 
nine,  entitled  'An  act  providing  for  the  appointment  of  the 
city  clerk  of  the  city  of  Chelsea  by  the  mayor,  subject  to 
the  approval  of  the  board  of  aldermen,  and  for  the  removal 
of  a  clerk  so  appointed',  be  accepted?"  If  a  majority  of  the 
votes  cast  on  said  question  is  in  the  affirmative,  then  this 
act  shall  take  full  effect  on  the  first  Monday  of  January  in 
the  year  nineteen  hundred  and  forty,  but  not  otherwise. 

Approved  March  11,  1939. 

Chap.   60  An  Act  relative  to  laying  out,  altering  and  discon- 
tinuing WAYS  IN  THE  CITY   OF  EVERETT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-three  of  chapter  three  hun- 
dred and  fifty-five  of  the  acts  of  eighteen  hundred  and  ninety- 
two  is  hereby  amended  by  striking  out,  in  the  second  line, 
the  word  "exclusive"  and  inserting  in  place  thereof  the 
words:  —  ,  to  the  exclusion  of  any  other  officer  or  board  of 
said  city,  —  and  by  adding  at  the  end  the  following  sen- 
tence :  —  Nothing  in  this  section  shall  be  construed  to 
exclude  the  jurisdiction  of  the  coimty  commissioners  of 
Middlesex  county  in  respect  to  ways,  streets  and  highways 


Acts,  1939. —Chap.  61.  61 

in  said  city,  —  so  as  to  read  as  follows:  — -  Section  23.  The 
city  council  shall,  subject  always  to  the  approval  of  the 
mayor,  have,  to  the  exclusion  of  any  other  officer  or  board 
of  said  city,  authority  and  power  to  order  the  laying  out, 
locating  anew  and  discontinuing  of  and  the  making  of 
specific  repairs  in  all  streets  and  ways  and  all  highways 
within  the  limits  of  the  city ;  to  assess  the  damages  sustained 
thereby  by  any  person  and,  except  as  herein  otherwise  pro- 
vided, to  act  in  matters  relating  to  such  laying  out,  locating 
anew,  altering,  discontinuing  or  repairing,  but  in  all  such 
matters  action  shall  first  be  taken  by  the  board  of  aldermen. 
Any  person  aggrieved  by  the  action  of  the  city  council 
hereunder  shall  have  all  the  rights  and  privileges  now  by 
law  in  similar  cases  allowed  in  appeals  from  decisions  of 
selectmen.  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  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  the  city  of  Everett,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  March  11,  1939. 


An  Act  further  regulating  the  making  and  record-  Chav.    61 

ING    OF    certificates    OF    BIRTH    OF    CERTAIN    ABANDONED 
CHILDREN   AND    FOUNDLINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  forty-six  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  inserting  after  section  one,  as  amended,  ^ctlon^iA!"' 
the  following  new  section:  —  Section  lA.    Each  town  clerk  ^'^'^^• 
shall  receive  or  obtain  and  record  in  the  record  of  births  f^fbirtifi'^of''* 
facts  relative  to  births  of  abandoned  children  and  found-  abandoned 
lings  found  within  the  limits  of  his  town  and  the  identity  to'br?ecorded. 
of  whose  parents  is  unknown.     The  facts  relative  to  births 
required  by  section  one  shall,  so  far  as  possible,  be  set  forth 
in  records  subject  to  this  section,  except  that  the  town 
wherein  such  child  or  foundhng  was  found  shall  be  recorded 
as  the  place  of  birth,  and  that  the  date  recorded  as  the  date 
of  birth  shall  be  that  determined  by  the  director  of  the  divi- 
sion  of   child   guardianship   in   the   department   of   public 
welfare.     Such  a  record  shall  constitute  the  birth  record  of 
such  child  or  foundling. 

Section  2.      Said    chapter    forty-six    is    hereby    further  g.  l.  (Ter. 
amended  by  striking  out  section  six,  as  appearing  in  the  amend^.^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following :  —  Section  6.     Parents,   within  forty   days   after  Notice  of 
the  birth  of  a  child,  and  every  householder,  within  forty  dlathslb'y 
days  after  a  birth  in  his  house,  shall  cause  notice  thereof  to  parent,  keeper, 
be  given  to  the  clerk  of  the  town  where  such  child  is  born.  ^^''' 
The  director  of  the  division  of  child  guardianship  in  the 
department  of  pubHc  welfare,  within  forty  days  after  the 


62 


Acts,  1939.  —  Chap.  61. 


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


Correction  of 


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

Records  in 
cases  of 
foundlings, 
etc. 


delivery  or  commitment  of  an  abandoned  child  or  foundling 
to  said  department,  shall  cause  notice  of  the  birth  of  such 
child  or  foundling  to  be  given  to  the  clerk  of  the  town 
wherein  such  child  or  foundling  was  found.  Every  house- 
holder in  whose  house  a  death  occurs  and  the  oldest  next  of 
kin  of  a  deceased  person  in  the  town  where  the  death  occurs 
shall,  within  five  days  thereafter,  cause  notice  thereof  to  be 
given  to  the  board  of  health,  or,  if  the  selectmen  constitute 
such  board,  to  the  town  clerk.  The  keeper,  superintendent 
or  person  in  charge  of  a  house  of  correction,  prison,  reforma- 
tory, hospital,  infirmary  or  other  institution,  public  or  pri- 
vate, which  receives  inmates  from  within  or  without  the 
limits  of  the  town  where  it  is  located  shall,  when  a  person  is 
received,  obtain  a  record  of  all  the  facts  which  would  be 
required  for  record  in  the  event  of  the  death  of  such  person, 
and  shall,  on  or  before  the  fifth  day  of  each  month,  give 
notice  to  the  town  clerk  of  every  birth  and  death  among 
the  persons  under  his  charge  during  the  preceding  month. 
The  facts  required  for  record  by  section  one  or  section  one  A, 
as  the  case  may  be,  shall,  so  far  as  obtainable,  be  included 
in  every  notice  given  under  this  section. 

Section  3.  Section  thirteen  of  said  chapter  forty-six,  as 
most  recently  amended  by  chapter  ninety-seven  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  inserting  after  the  word  "record"  in  the  fifth 
line,  as  appearing  in  the  Tercentenary  Edition,  the  follow- 
ing:—  ,  or,  in  the  case  of  an  abandoned  child  or  foundling 
referred  to  in  section  one  A,  b}^  the  director  of  the  division 
of  child  guardianship  in  the  department  of  public  welfare, 
—  so  that  the  paragraph  contained  in  the  first  to  the  sixth 
lines,  as  so  appearing,  will  read  as  follows :  —  If  the  record 
relating  to  a  birth,  marriage  or  death  does  not  contain  all 
the  required  facts,  or  if  it  is  claimed  that  the  facts  are  not 
correctly  stated  therein,  the  town  clerk  shall  receive  an 
affidavit  containing  the  facts  required  for  record,  if  made 
by  a  person  required  by  law  to  furnish  the  information  for 
the  original  record,  or,  in  the  case  of  an  abandoned  child  or 
foundling  referred  to  in  section  one  A,  by  the  director  of  the 
division  of  child  guardianship  in  the  department  of  public 
welfare,  or,  at  the  discretion  of  the  town  clerk,  by  credible 
persons  having  knowledge  of  the  case. 

Section  4.  Said  section  thirteen  of  said  chapter  forty- 
six,  as  so  amended,  is  hereby  further  amended  by  adding 
at  the  end  the  following  new  paragraph :  — 

Upon  the  adoption  of  any  abandoned  child  or  foundling 
found  within  the  commonwealth  and  adopted  according  to 
the  laws  thereof  and  as  to  whose  birth  the  facts  required  by 
section  one  or  section  one  A  to  be  recorded  have  not  been 
recorded  or,  if  recorded,  cannot  be  identified,  the  clerk  of 
the  town  wherein  such  child  or  foundling  was  found,  upon 
receipt  of  an  affidavit  executed  by  the  adopting  parent  or 
parents,  as  the  case  may  be,  setting  forth  all  the  material 
facts  known  to  him  or  them  concerning  said  child  or  found- 


Acts,  1939. —Chaps.  62,  63.  63 

ling,  and  of  an  order  issued  by  the  director  of  the  division 
of  child  guardianship  in  the  department  of  public  welfare 
determining  the  date  of  birth  of  such  child  or  foundling  as 
nearly  as  may  be,  shall  receive  and  record  the  facts  relative 
to  such  birth  as  provided  in  said  section  one  or  said  section 
one  A.  In  addition  to  any  other  certificates  or  copies  of 
such  records  authorized  by  law,  said  director  may,  upon 
application,  issue  certificates  setting  forth  the  facts  concern- 
ing said  abandoned  child  or  foundling  appearing  in  any 
records  of  said  division.  Approved  March  11,  1939. 

An  Act  validating  certain  action  of  the  centerville-  Chap.   62 

OSTERVILLE  FIRE  DISTRICT  AND  OF  THE  OFFICERS  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  officers  of  the  Centerville- 
Osterville  Fire  District  in  fixing  the  maturities  of  bonds 
issued  under  authority  of  a  vote  of  said  district  passed  on 
the  twenty-first  day  of  January,  nineteen  hundred  and 
thirty-eight,  and  any  action  of  said  district  in  authorizing 
the  issuance  of  said  bonds  or  otherwise  relating  to  said  bonds, 
is  hereby  ratified  and  confirmed,  and  bonds  so  issued  shall 
be  valid  obligations  of  said  district. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  March  15,  1939. 

An   Act   authorizing    cities,    towns   and    districts   to  nji^jj     53 

MAKE    ten    year    EMERGENCY    LOANS    TO    REPAIR    CERTAIN  ^' 

extraordinary  damage  RESULTING  FROM  THE  GREAT 
STORM  OF  SEPTEMBER,  NINETEEN  HUNDRED  AND  THIRTY- 
EIGHT. 

Whereas,    The  deferred  operation  of  this  act  would  tend  p^^^i^^^ 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubUc  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Any  city,  town  or  district  found  by  the  board  described 
in  clause  (9)  of  section  eight  of  chapter  forty-four  of  the 
General  Laws  to  have  suffered  extraordinary  damage  to  its 
highways,  bridges  or  other  pubfic  works,  or  any  combina- 
tion of  such  pubHc  works,  as  a  result  of  the  storm  of  Sep- 
tember, nineteen  hundred  and  thirty-eight,  may  borrow, 
during  the  current  year,  for  the  purpose  of  meeting  in  whole 
or  in  part  appropriations  made  or  to  be  made  to  repair  such 
damage  or  for  the  refunding  of  loans  already  lawfully  issued 
for  such  purpose  under  said  clause  (9),  such  sums  as  shall  be 
approved  by  said  board,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words,  Emergency 
Storm  Damage  Loan,  Act  of  1939.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be 
paid  within  such  periods,  not  exceeding  ten  years  from  their 


64  Acts,  1939.  —  Chaps.  64,  65,  66. 

dates,  as  said  board  shall  fix.  Indebtedness  incurred  under 
this  act  shall  be  in  excess  of  the  statutory  Hmit,  but  shall, 
except  as  herein  provided,  be  subject  to  the  provisions  of 
said  chapter  forty-four,  exclusive  of  the  limitation  contained 
in  the  first  paragraph  of  section  seven  thereof. 

Approved  March  15,  1939. 


Chap.   64  An  Act  relative   to   the   laying  and   collecting   of 

ASSESSMENTS     BY     THE     MASSACHUSETTS     HORTICULTURAL 
SOCIETY. 

Be  it  enacted,  etc.,  as  follows:    . 

Section  1.  The  Massachusetts  Horticultural  Society 
is  hereby  authorized  to  lay  and  collect  assessments,  not 
exceeding  five  dollars  per  annum,  on  its  members,  notwith- 
standing anjiihing  to  the  contrary  contained  in  section  one 
of  chapter  twenty-two  of  the  acts  of  eighteen  hundred  and 
twenty-nine,  approved  June  tweKth,  eighteen  hundred  and 
twenty-nine. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  a  two  thirds  vote  of  the 
members  of  said  corporation  present  at  its  annual  meeting 
or  at  a  special  meeting  duly  called  for  the  purpose. 

Approved  March  15,  1939. 


Chap.  65  An  Act  eliminating  the  necessity  of  the  presence  of 
the  register,  assistant  register,  or  temporary  regis- 
ter AT  sittings  of  THE  PROBATE  COURT. 

Be  it  enoxted,  etc.,  as  follows: 

Ed^"2Tr§fii       Section  1.     Section  sLxty-one  of  chapter  two  hundred 
repealed!*'     '  '  and  fifteen  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  repealed. 
Effective  date.       SECTION  2.    This  act  shall  take  effect  on  July  first  in  the 
current  year.  Approved  March  15,  1939. 

Chap.  66  An  Act  to  allow  the  corporation  known  as  city  hos- 
pital of  quincy  to  purchase  additional  real  estate 
and  convey  the  same  to  the  city  of  quincy, 

Be  it  enacted,  etc.,  as  follows: 

The  City  Hospital  of  Quincy,  a  corporation,  is  hereby 
authorized  to  expend  from  its  capital  funds  and  securities 
a  sum  not  exceeding  twenty-five  thousand  dollars  for  the 
purpose  of  acquiring  certain  real  estate  located  in  the  city 
of  Quincy  and  to  convey  the  same  to  said  city,  without  any 
payment  therefor  by  said  city,  for  the  use  of  its  hospital 
department.  Approved  March  15,  1939. 


Acts,  1939. —Chaps.  67,  68.  65 


An  Act  relative  to  the  joinder  of  causes  of  action.  Chap.   67 
Be  it  e?iacted,  etc.,  as  follows: 

Section  1.     Section  seven  of  chapter  two  hundred  and  Ed.x23i?|7, 
thirty-one  of  the  General  Laws,  as  appearing  in  the  Ter-  amended.' 
centenary  Edition,  is  hereby  amended  by  striking  out  clause 
Sixth  and  iifserting  in  place  thereof  the  following  clause :  — 

Sixth,  Causes  of  action  in  contract  and  in  tort  shall  not  ^"jj^^^f 
be  joined,  except  when  they  arise  out  of  the  same  matter,  action. 
and  in  such  case  they  shall  be  stated  in  separate  counts 
and  be  heard  and  determined  together,  and  the  plaintiff 
shall  not  be  required  to  elect  between  them. 

Section  2.     This  act  shall  take  effect  upon  August  first  Effective  date. 
in  the  current  year.  Approved  March  15,  1939. 

An  Act  relative  to  the  renewal  of  certain  temporary  Chap.   68 

REVENUE   LOANS   BY    CITIES,    TOWNS   AND    DISTRICTS. 

Whereas,    The  deferred  operation  of  this  act  would,  in  Emergency 
part,  defeat  its  purpose,  therefore  it  is  hereby  declared  to  ^"^^^"^ 
be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  twelve  of  the  acts  of  nineteen  hundred  and 
thirty-five,  as  amended  by  chapter  twentj^-five  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  striking  out,  in  the  first  line,  the  words  "or 
town"  and  inserting  in  place  thereof  the  following:  —  ,  town 
or  district,  —  by  striking  out,  in  the  sLxth  to  the  ninth  Unes, 
inclusive,  the  words  "nineteen  hundred  and  thirtj^-four, 
nineteen  hundred  and  thirty-five,  nineteen  hundred  and 
thirty-six,  nineteen  hundred  and  thirty-seven  or  nineteen 
hundred  and  thirty-eight"  and  inserting  in  place  thereof 
the  following:  —  nineteen  hundred  and  thirty-eight,  nine- 
teen hundred  and  thirty-nine  or  nineteen  hundred  and 
forty,  —  and  by  striking  out,  in  the  fifteenth  fine,  the  words 
"or  town"  and  inserting  in  place  thereof  the  following:  — 
,  town  or  district,  —  so  as  to  read  as  follows :  —  Any  city, 
town  or  district,  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  ex- 
ceeding in  the  aggregate  six  months  beyond  the  maximum 
term  pro\'ided  by  law  for  an  original  revenue  loan,  any 
loan  issued  in  anticipation  of  the  revenue  of  the  year  nine- 
teen hundred  and  thirty-eight,  nineteen  hundred  and  thirty- 
nine  or  nineteen  hundred  and  forty,  and  the  approval  as 
aforesaid  of  any  such  extension  shall  authorize  the  issue 
of  renewal  notes  for  the  period  or  periods  so  approved, 
notwithstanding  the  provisions  of  said  chapter  forty-four. 
During  the  time  that  any  such  revenue  loan,  extended  as 
aforesaid,  remains  outstanding,  none  of  the  receipts  from 


66  Acts,  1939.  —  Chaps.  69,  70. 

the  collection  of  taxes  assessed  by  such  city,  town  or  dis- 
trict 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  March  15,  1939. 


Chap.   69  An  Act  further  regulating  the  contents -of  tags  or 

LABELS  ON  CERTAIN  PACKAGES,   LOTS  OR  PARCELS  OF  COM- 
MERCIAL  FEEDING    STUFF. 

Be  it  enacted,  etc.,  as  follows: 
G.L.CTer.  ^^        Scction  two  hundred  and  twenty-five  of  chapter  ninety- 
ameAded.   ""  '  four  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  adding  at  the  end  the  follow- 
ing new  paragraph :  — 
Tags  on  cer-  If  such  a  tag  or  label  contains  any  claim  of  one  or  more 

"  ' """"  dietary  factors  other  than  those  herein  specified,  such  tag 
or  label  shall  bear  a  legible  and  plainly  printed  statement  in 
the  Enghsh  language  guaranteeing  such  claim. 

Approved  March  15,  1939. 


tain  packages 
contents  of. 


Chap.   70  "An  Act  authorizing  the  city  of  lynn  to  sell  a  certain 

PART   OF   SLUICE   POND,    SO    CALLED,    IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn,  by  its  proper  authorities, 
may  sell  and  transfer  to  John  G.  JEIeckman  one  thousand 
and  sixty-one  square  feet,  more  or  less,  of  land,  comprising 
a  part  of  Sluice  pond,  so  called,  in  said  city,  heretofore  ac- 
quired by  said  city  for  park  purposes  by  taking  of  the 
city  council  of  said  city.  Said  land  comprises  the  southerly 
part  of  said  pond  and  is  bounded  as  follows :  —  northerly 
by  the  remaining  part  of  said  pond  by  two  courses  measuring 
sixty-nine  and  seventy-five  hundredths  feet  and  eighteen 
feet,  respectively;  easterly  by  said  remaining  part  of  said 
pond  eleven  and  thirty-three  hundredths  feet;  southerly, 
easterly  and  again  southerly  by  the  southerly  shore  line  of 
said  pond  at  land  of  said  John  G.  Heckman  by  three  courses 
measuring  forty-four  and  nine  hundredths,  six  and  seven 
hundredths  and  forty  and  five  hundredths  feet,  respec- 
tively; and  westerly  by  said  remaining  part  of  said  pond, 
six  feet,  to  the  point  of  beginning.' 

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,  subject  to  the  provisions  of  its  charter;  but 
not  otherwise.  Approved  March  15,  1939. 


Acts,  1939. —Chap.  71.  67 


An  Act  to  change  the  boundary  lines  of,  and  to  make  Chap.   71 

CERTAIN  OTHER  CHANGES  IN  THE  LAWS  RELATIVE  TO,  THE 
CHERRY    VALLEY    AND    ROCHDALE    WATER    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  eighty-one  of 
the  acts  of  nineteen  hundred  and  ten  is  hereby  amended  by 
striking  out  section  one  and  inserting  in  place  thereof  the 
following :  —  Section  1 .  The  inhabitants  of  the  villages  of 
Cherry  Valley,  Rochdale  and  Greenville  in  the  town  of 
Leicester  liable  to  taxation  in  the  said  town,  and  residing 
within  the  territory  enclosed  by  the  following  boundary  lines, 
to  wit :  —  Beginning  at  a  stone  monument  set  in  the  ground 
on  the  southerly  line  of  Main  street,  in  said  Leicester,  as 
located  by  the  county  commissioners  in  eighteen  hundred 
and  ninety-one,  and  in  the  Worcester  city  line;  thence 
southerly  in  said  city  line  two  thousand  feet  to  a  stone  monu- 
ment; marked  CV&R;  thence  westerly  in  a  straight  line 
about  six  thousand  eight  hundred  and  seventy-seven  feet 
to  a  stone  monument  marked  CV&R;  in  the  woodland  of 
Robert  Cutting;  thence  in  a  straight  line  N  1°  28'  W  about 
twenty-one  hundred  and  fifty  feet  to  a  stone  monument  in 
land  of  Walter  Blodgett;  thence  northeasterly  N  49°  27'  E 
in  a  straight  Hne  about  three  hundred  and  twenty-eight  feet 
to  the  center  of  eight  inch  gate  valve  in  the  easterly  side  of 
Main  street,  said  valve  being  the  dividing  of  the  pipe  line 
between  the  Leicester  water  supply  district,  and  the  Cherry 
Valley  and  Rochdale  Water  District  pipe;  thence  contin- 
uing said  straight  hne  about  twenty-three  hundred  and 
twenty  feet  to  a  stone  monument  marked  CV&R  on  the 
easterly  side  of  Chapel  street,  being  about  seventy  feet  from 
the  southeasterly  corner  of  concrete  bridge  abutment; 
thence  in  a  straight  hne  to  the  intersection  of  the  northerly 
line  of  West  street  and  the  easterly  line  of  Bottomly  avenue, 
and  continuing  to  a  stone  monument  on  the  west  side  of 
Brown  street;  thence  in  a  straight  hne  about  twenty-four 
hundred  and  twenty  feet  to  a  stone  monument  in  the  afore- 
said Worcester  city  hne;  thence  southerly  on  said  Worces- 
ter city  line  seventeen  hundred  feet  to  the  place  of  begin- 
ning. Also  beginning  at  a  stone  monument  numbered 
sixteen,  standing  in  the  east  line  of  Pleasant  street;  in  said 
Leicester,  opposite  the  south  hne  of  Green  street;  thence 
true  east  fifteen  .hundred  feet  to  a  stone  monument;  thence 
southerly  in  a  straight  line  about  three  thousand  four  hun- 
dred and  fifty  feet  to  a  stone  monument  numbered  zero, 
standing  at  the  intersection  of  the  westerly  line  of  Pleasant 
street  with  the  northeasterly  line  of  River  street  and  fifteen 
hundred  feet  distant  from  said  monument  numbered  zero; 
thence  true  east  twenty-five  hundred  feet  to  a  stone  monu- 
ment marked  CV&R;  thence  southeasterly  in  a  straight 
line  about  one  thousand  and  one  feet  S  26°  14'  E  to  a  stone 
monument   on   the  northwesterly  side   of  Stafford  street; 


68  Acts,  1939. —Chap.  71. 

thence  southerly  S  4°  38'  W  about  twenty-six  hundred  and 
eighty  feet  to  a  stone  monument  on  the  Leicester  Oxford 
town  Hne,  said  monument  being  on  the  westerly  side  of  the 
Boston  and  Albany  raUroad  tracks;  thence  westerly  on  the 
Leicester  and  Oxford  town  line  to  a  stone  monument  num- 
bered eight,  standing  in  the  easterly  hne  of  Pleasant  street; 
thence  westerly  in  said  Leicester  and  Oxford  town  line,  two 
thousand  feet  to  a  stone  monument  marked  CV&R;  thence 
northerly  in  a  straight  line  about  four  thousand  six  hundred 
and  twenty-five  feet  to  a  stone  monument  marked  CV&R, 
that  bears  true  west  from  the  aforesaid  monument  num- 
bered zero  and  two  thousand  feet  distant  therefrom;  thence 
northerly  in  a  straight  hne  about  three  thousand  four  hun- 
dred and  fifty  feet  to  a  stone  monument;  marked  CV&R: 
thence  true  east  two  thousand  feet  to  the  place  of  beginning: 
—  shall  constitute  a  water  district,  and  are  hereby  made 
a  body  corporate  under  the  name  of  Cherry  Valley  and 
Rochdale  Water  District,  for  the  purpose  of  supplying 
themselves  with  water  for  the  extinguishing  of  fires  and  for 
domestic,  manufacturing  and  other  purposes;  with  power 
to  establish  fountains  and  hydrants,  and  to  relocate  and 
discontinue  the  same,  and  to  take  or  acquire  property  by 
purchase  or  otherwise,  and  to  hold  the  same  for  the  purpose 
mentioned  in  this  act;  and  to  prosecute  and  defend  in  all 
actions  relating  to  the  property  and  affairs  of  the  district. 

Section  2.  Said  chapter  three  hundred  and  eighty-one 
is  hereby  further  amended  by  striking  out  section  twelve 
and  inserting  in  place  thereof  the  following:  —  Section  12. 
Whenever  a  tax  is  duly  voted  by  said  district  for  the  purpose 
of  this  act,  the  district  clerk  shall  deliver  a  certified  copy 
of  the  vote  to  the  assessors  of  the  town  of  Leicester,  who 
shall  assess  the  same  in  the  manner  in  which  town  taxes  are 
required  by  law  to  be  assessed;  provided,  that  no  estate 
shall  be  subject  to  any  tax  assessed  on  account  of  the  sys- 
tem of  water  supply  under  this  act,  if,  in  the  judgment  of 
the  board  of  water  commissioners  hereinbefore  provided 
for,"  after  a  hearing,  due  notice  whereof  shall  have  been 
given,  such  estate  is  so  situated  that  it  can  receive  no  aid 
in  the  extinguishment  of  fire  from  the  said  system  of  water 
supply,  or  if  such  estate  is  so  situated  that  the  buildings 
thereon,  or  the  buildings  that  might  be  constructed  thereon, 
could  not  be  supplied  with  water  from  said  system  in  any 
ordinary  or  reasonable  manner;  but  all  other  estates  in  said 
district  shall  be  deemed  to  be  benefited  and. shall  be  subject 
to  the  tax.  A  certified  list  of  the  estates  exempt  from  taxa- 
tion under  the  provisions  of  this  section  shall  annually  be  sent 
by  the  board  of  water  commissioners  to  the  assessors,  at  the 
same  time  at  which  the  clerk  shall  send  a  certified  copy  of 
the  vote  as  aforesaid.  The  assessment  shall  be  committed  to 
the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  for  the  collection  of  town  taxes,  and  shall  deposit 
the  proceeds  thereof  with  the  district  treasurer  for  the  use 
and  benefit  of  said  district.     The  district  may  collect  in- 


Acts,  1939.  —  Chap.  72.  69 

terest  on  taxes  when  overdue  in  the  manner  in  which  interest 
is  authorized  to  be  collected  on  town  taxes. 

Section  3.  Said  chapter  three  hundred  and  eighty-one 
is  hereby  further  amended  by  inserting  after  section  fifteen 
the  following  new  section:  —  Section  15 A.  Upon  a  peti- 
tion in  writing  addressed  to  said  commissioners  requesting 
that  certain  real  estate,  accurately  described  therein,  lo- 
cated in  said  town  and  abutting  on  said  district  and  not 
otherwise  served  by  a  public  water  supply  be  included 
within  the  Hmits  thereof,  and  signed  by  the  owners  of  such 
real  estate,  or  a  major  portion  of  such  real  estate,  said  com- 
missioners shall  cause  a  duly  warned  meeting  of  the  district 
to  be  called,  at  which  meeting  the  voters  may  vote  on  the 
question  of  including  said  real  estate  within  the  district. 
If  a  majority  of  the  voters  present  and  voting  thereon  vote 
in  the  affirmative  the  district  clerk  shall  within  ten  days 
file  with  the  town  clerk  of  said  town  and  with  the  state  secre- 
tary an  attested  copy  of  said  petition  and  vote;  and  there- 
upon said  real  estate  shall  become  and  be  part  of  the  district 
and  shall  be  holden  under  this  act  in  the  same  manner  and 
to  the  same  extent  as  the  real  estate  described  in  section  one. 

Section  4.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  said  district 
present  and  voting  thereon  at  a  district  meeting  called  for 
the  purpose  within  three  years  after  its  passage;  but  the 
number  of  meetings  so  called  in  any  one  year  shall  not  exceed 
three.  Approved  March  15,  1939. 


An  Act  authorizing  cities,  towns  and  districts  to  bor-  Chap.  72 

ROW  ON  account  OF  PUBLIC  WELFARE,  SOLDIERS'  BENE- 
FITS AND  FEDERAL  EMERGENCY  UNEMPLOYMENT  RELIEF 
PROJECTS. 

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  pubhc  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 
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 
years  nineteen  hundred  and  thirty-nine  and  nineteen  hun- 
dred and  forty,  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  wel- 
fare, including  aid  to  dependent  children  and  old  age  as- 
sistance, soldiers'  benefits  including  state  aid,  mifitary  aid, 
soldiers'   burials  and  soldiers'   relief,  and  for  any  federal 


70  Acts,  1939.  —  Chap.  72. 

emergency  unemployment  relief  projects,  exclusive  of  pub- 
lic works  administration  projects  or  substitutes  therefor,  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  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  (name  of  city, 
town  or  district)  Municipal  Rehef  Loan,  Act  of  1939.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  paid  in  not  more  than  ten  years  from  their 
dates,  as  said  board  shall  fix,  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  in  the  current  year  only 
by  such  cities,  towns  and  districts  as  in  said  year  have  ap- 
propriated to  be  raised  by  taxation  or  appropriated  from 
available  funds  for  the  purposes  enumerated  in  the  preced- 
ing paragraph,  an  amount  not  less  than  eighty  per  cent  of 
the  aggregate  expenditures  for  the  year  nineteen  hundred 
and  thirty-eight  for  public  welfare,  including  aid  to  de- 
pendent children  and  old  age  assistance,  soldiers'  benefits 
including  state  aid,  mihtary  aid,  soldiers'  burials  and  sol- 
diers' rehef,  excluding  any  federal  emergency  unemploy- 
ment relief  projects  and  expenditures  from  federal  grants 
made  for  old  age  assistance  and  aid  to  dependent  children, 
as  determined  by  said  board.  Loans  may  be  issued  here- 
under in  the  year  nineteen  hundred  and  forty  only  by  such 
cities,  towns  and  districts  as  in  said  year  appropriate  to  be 
raised  by  taxation  or  appropriate  from  available  funds  for 
the  purposes  enumerated  in  the  preceding  paragraph,  an 
amount  not  less  than  eighty  per  cent  of  the  aggregate  ex- 
penditures for  the  year  nineteen  hundred  and  thirty-nine 
for  public  welfare,  including  aid  to  dependent  children  and 
old  age  assistance,  soldiers'  benefits  including  state  aid, 
mihtary  aid,  soldiers'  burials  and  soldiers'  rehef,  excluding 
any  federal  emergency  unemployment  relief  projects  and 
expenditures  from  federal  grants  made  for  old  age  assist- 
ance and  aid  to  dependent  children,  as  determined  by  said 
board. 

Section  2,  The  members  of  said  board,  when  acting  un- 
der this  act,  shall  receive  from  the  commonwealth  compen- 
sation 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;  provided,  that  in  the  city 
of  Boston  such  loan  orders  may  be  passed  in  the  manner 
provided  in  its  charter  for  loan  orders  for  temporary  loans 
in  anticipation  of  taxes.  Approved  March  16,  1939. 


Acts,  1939. —Chaps.  73,  74.  71 


An  Act  relative  to  the  fire  department  of  the  town  (JJkij)     73 
OF  marblehead.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  fire  department  in  the  town  of  Marble- 
head  shall  be  under  the  control  of  an  officer  to  be  known  as 
the  chief  of  the  fire  department  who  shall  be  appointed  by 
the  selectmen  and  shall  receive  such  salary  as  they  may 
from  time  to  time  determine,  not  exceeding  in  the  aggre- 
gate the  amount  annually  appropriated  therefor.  Such 
office  shall  be  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 
thereof  shall  be  unlimited,  subject,  however,  to  said  laws. 
Appointments  to  such  office  shall  be  made  only  after  a  com- 
petitive civil  service  examination  open  only  to  citizens  of 
said  town.  The  chief  may  appoint  two  deputy  call  chiefs 
who  shall  not  be  subject  to  the  civil  service  laws  and  rules 
and  regulations,  and  he  shall,  except  as  otherwise  provided 
herein,  have  the  rights,  powers,  duties  and  obligations  given 
to  chiefs  of  fire  departments  in  certain  towns  by  sections 
forty-two  and  forty-three  of  chapter  forty-eight  of  the  Gen- 
eral Laws.  The  positions  of  permanent  and  call  members 
of  said  department  shall  continue  to  be  subject  to  the  civil 
service  laws  and  rules  and  regulations  relating  to  perma- 
nent and  call  firemen  in  towns.  The  chief  may  appoint  an 
acting  chief  to  serve  during  his  absence  or  disability,  and 
in  case  of  a  vacancy  in  the  office  of  chief  or  in  case  the  chief 
fails  to  appoint  an  acting  chief  as  aforesaid,  such  appoint- 
ment shall  be  made  by  the  selectmen. 

Section  2.  Chapter  three  of  the  acts  of  eighteen  hun- 
dred and  twenty-nine,  as  most  recently  amended  by  section 
one  of  chapter  forty-one  of  the  acts  of  nineteen  hundred 
and  twenty-five,  is  hereby  repealed. 

Section  3.  Notwithstanding  the  provisions  of  this  act, 
the  engineers  in  the  fire  department  of  said  town  holding 
office  on  the  effective  date  of  this  act  shall  continue  to  hold 
office  and  serve  therein  until  the  qualification  of  the  chief 
of  said  department  appointed  as  provided  by  this  act,  and 
the  permanent  and  call  members  of  said  department  on 
said  effective  date  shall  continue  to  serve  therein  without 
impairment  of  their  civil  service  or  retirement  rights. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 
Approved  March  16, 1939. 

An  Act  relative  to  the  police  commission  of  the  city  (Jjidrf    74 

OF   WESTFIELD.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  two  hundred  and 
ninety-four  of  the  acts  of  nineteen  hundred  and  twenty,  as 
amended  by  section  one  of  chapter  five  hundred  and  six  of 


72  Acts,  1939.  —  Chap.  74 


the  acts  of  nineteen  hundred  and  twenty-two,  is  hereby 
further  amended  by  striking  out  paragraph  5  and  inserting 
in  place  thereof  the  following:  — 

5.  The  police  department,  under  the  charge  of  a  commis- 
sion of  three  members,  one  of  whom  shall  be  appointed  an- 
nually by  the  mayor,  subject  to  confirmation  by  the  city 
council,  to  serve  for  a  term  of  three  years  and  until  his  suc- 
cessor is  appointed  and  qualified. 

Section  2.  Section  nine  of  said  chapter  two  hundred  and 
ninety-four,  as  most  recently  amended  by  section  one  of 
chapter  one  hundred  and  seventeen  of  the  acts  of  nineteen 
hundred  and  twenty-seven,  is  hereby  further  amended  by 
striking  out,  in  the  sixth  line  of  the  first  paragraph,  as 
appearing  in  section  two  of  chapter  five  hundred  and  six 
of  the  acts  of  nineteen  hundred  and  twenty-two,  the  word 
"poor"  and  inserting  in  place  thereof  the  words:  —  public 
welfare,  —  and  by  striking  out,  in  the  seventh  line  of  said 
paragraph,  as  so  appearing,  the  following  " ;  of  the  police 
commission,  two  years",  —  so  that  said  paragraph  will  read 
as  follows:  —  The  term  of  office,  after  their  first  appoint- 
ment and  except  in  cases  of  filling  vacancies,  of  the  mem- 
bers of  the  board  of  assessors,  of  the  board  of  health,  of  the 
board  of  public  works,  of  the  municipal  light  board,  of  the 
planning  board  and  of  the  board  of  survey  and  of  the  over- 
seers of  the  public  welfare  shall  be  three  years;  of  the  play- 
ground commission,  five  years;  and  they  shall  hold  office 
until  their  successors  are  appointed  and  qualified. 

Section  3.  This  act  shall  be  submitted  for  acceptance 
to  the  legal  voters  of  said  city  at  its  biennial  municipal 
election  in  the  current  year  in  the  form  of  the  following 
question,  which  shall  be  placed  upon  the  oflficial  ballot  to 
be  used  at  said  election:  "Shall  an  act  passed  by  the  general 
court  in  the  year  nineteen  hundred  and  thirty-nine,  entitled 
'An  Act  relative  to  the  police  commission  of  the  city  of 
Westfield',  be  accepted?"  If  a  majority  of  the  voters  vot- 
ing thereon  vote  in  the  affirmative  in  answer  to  said  ques- 
tion, this  act  shall  take  full  effect,  subject  to  the  limitations 
contained  in  the  following  section;  otherwise  it  shall  not 
take  full  effect. 

Section  4.  No  appointments  shall  be  made  hereunder 
until  after  the  first  Monday  in  January,  nineteen  hundred 
and  forty.  As  soon  as  may  be  after  said  first  Monday  in 
January,  the  three  members  of  said  commission  shall  be 
appointed  by  the  mayor,  subject  to  confirmation  by  the  city 
council,  to  serve  respectively  until  the  expiration  of  one, 
two  and  three  years  from  the  first  Monday  in  February, 
nineteen  hundred  and  forty,  as  designated  in  their  commis- 
sions, and  until  their  successors  are  appointed  and  qualified; 
and  as  their  terms  expire  their  successors  shall  be  appointed 
as  provided  in  section  one.  Approved  March  16,  1939. 


Acts,  1939.  —  Chaps.  75,  76.  73 


An  Act  authorizing  the  town  of  lenox  to  appropriate  (Jfidj)     75 

AND    borrow   money    FOR    WATER   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  the  event  that  the  town  of  Lenox  and 
the  city  of  Pittsfield  shall  mutually  agree  upon  terms  and 
conditions,  including  a  lump  sum  payment,  under  which 
said  city  shall  supply  water  for  certain  purposes  to  a  certain 
part  of  said  town,  all  as  authorized  by  section  three  of 
chapter  five  hundred  and  eighty  of  the  acts  of  nineteen 
hundred  and  eleven,  as  amended  by  chapter  two  hundred 
and  fifty  of  the  acts  of  nineteen  hundred  and  thirty,  for  the 
purpose  of  enabling  said  town  to  comply  with  so  much  of 
said  terms  and  conditions  as  provide  for  a  lump  sum  to  be 
paid  by  said  town  to  said  city,  said  town  may  borrow, 
within  a  period  of  five  years  from  the  date  of  the  passage  of 
this  act,  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  forty-five  thousand  dollars,  and  may  issue 
bonds  or  notes  of  the  town  therefor,  which  shall  bear  on 
their  face  the  words,  Lenox  Water  Loan,  Act  of  1939.  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  act  shall  be  in 
excess  of  the  statutory  limit  but  shall,  except  as  provided 
herein,  be  subject  to  chapter  forty-four  of  the  General  Laws, 
exclusive  of  the  provisions  of  section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  March  20,  1939. 

An  Act  providing  that  appointment  to  and  employ-  Qlidr)     7Q 

MENT  IN  civil  SERVICE  POSITIONS  SHALL  NOT  BE  AF- 
FECTED  BY  MOTOR  VEHICLE  PARKING  VIOLATIONS,  SO 
CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended  ^^^Y  ^Ter.^^ 
by  striking  out  section  seventeen,  as  most  recently  amended  etc.'.  'amended. 
by  chapter  ninety-four  of  the  acts  of  nineteen  hundred  and 
thirty-four,  and  inserting  in  place  thereof  the  following :  — 
Section  17.    No  person  habitually  using  intoxicating  liquors  Civii  service, 
to  excess  shall  be  appointed,  employed  or  retained  in  any  fneSirto""^ 
position  to  which  this  chapter  apphes,  nor  shall  any  person  ^pp°j."*°^e'*t 
be  appointed  or  employed  in  any  such  position  within  one 
year  after  his  conviction  of  any  crime  against  the  laws  of 
the  commonwealth,  other  than  a  rule,  regulation,  order, 
ordinance  or  by-law  regulating  the  parking  of  motor  vehi- 
cles estabhshed  by  any  city  or  town  or  by  any  commission 
or  body  empowered  by  law  to  make  such  rules  or  regulations; 
provided,  that  the  commissioner  may  in  his  discretion  author- 
ize the  appointment  or  employment,  within  said  year,  of  a 
person  convicted  of  any  of  the  following  offences: —  (1)  a 
violation  of  any  rule  or  regulation,  other  than  one  relating 


74  Acts,  1939.  —  Chaps.  77,  78. 

to  parking,  made  under  section  two  of  chapter  eighty-five 
or  under  section  thirty-one  of  chapter  ninety;  (2)  a  viola- 
tion of  any  provision  of  said  chapter  ninety  relating  to 
motor  vehicles,  other  than  one  relating  to  parking;  (3)  any 
other  offence  for  which  the  sole  punishment  imposed  was 
(a)  a  fine  of  less  than  one  hundred  dollars,  (b)  a  sentence  to 
imprisonment  in  a  jail  or  house  of  correction  for  less  than 
six  months,  with  such  a  fine  or  without  any  fine,  or  (c)  a 
sentence  to  any  other  penal  institution  under  which  the 
actual  time  served  was  less  than  six  months,  with  such  a 
fine  or  without  any  fine.  Approved  March  20,  1939. 


Chap.   77  An   Act  relative   to   membership   in   the   Norwegian 

SOCIETY    OF    SEPTEMBER    19TH,    1853. 

Be  it  enacted,  etc.,  as  follows: 

The  Norwegian  Society  of  September  19th,  1853,  a  fra- 
ternal benefit  society  duly  established  by  law,  is  hereby 
authorized  to  transact  business  as  a  limited  fraternal  bene- 
fit society  under  section  forty-six  of  chapter  one  hundred  and 
seventy-six  of  the  General  Laws,  and  any  amendments 
thereof,  without  limiting  its  membership  as  provided  in  said 
section  forty-six  and  in  section  four  of  said  chapter;  but 
said  society,  as  now  or  hereafter  constituted,  and  its  officers 
and  members  shall  otherwise  be  subject  to  all  of  the  pro- 
visions of  said  section  forty-six. 

Approved  March  20,  1939. 


Chap.   78  An  Act  authorizing  dukes  county  to  take  by  eminent 

DOMAIN  A  CERTAIN  INDIAN  CHAPEL  AND  BURIAL  GROUND 
FOR  THE  PURPOSE  OF  PRESERVING  THE  SAME  AS  AN  IN- 
DIAN  MEMORIAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Dukes  County, 
on  behalf  of  said  county,  are  hereby  authorized  to  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws  land  in  West  Tisbury,  commonly  known  as  the  meeting 
house  lot,  including  the  Indian  chapel  and  burial  ground  lo- 
cated thereon,  for  the  purpose  of  preserving  said  property  as 
an  Indian  memorial.  For  the  purposes  of  this  act  said  county 
commissioners  may  expend  not  exceeding  five  hundred 
dollars  out  of  the  appropriation  for  said  county  for  the 
current  year  for  building  county  buildings  and  purchase  of 
land. 

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  20,  1939. 


Acts,  1939. —Chap.  79.  75 


An  Act  providing  for  a  referendum  to  the  voters  of  (JJkxj)^   79 
the   town    of    norwood    on    certain    appropriation 
votes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  vote  passed,  otherwise  than  by  official 
ballot,  at  any  town  meeting  in  the  town  of  Norwood,  in 
which  vote  less  than  five  per  cent  of  the  registered  voters 
of  the  town  participate,  appropriating  a  sum  of  twenty 
thousand  dollars  or  more  for  any  purpose  other  than  ordi- 
nary- departmental  purposes  shall  not  be  operative  before  the 
expiration  of  five  days,  exclusive  of  Sundays  and  holidays, 
from  the  dissolution  of  the  meeting.  A  count  of  the  vote 
on  any  such  appropriation  shall  be  taken  and  recorded  in 
the  records  by  the  town  clerk  and  accountant;  and  the 
moderator  shall  forthwith  publicly  announce  in  open  meet- 
ing the  result  of  the  count.  If  before  five  o'clock  in  the  after- 
noon of  the  last  day  of  said  five  day  period,  a  referendum 
petition,  signed  by  not  less  than  three  per  cent  of  the  regis- 
tered voters  of  the  town,  as  certified  to  the  selectmen  by  the 
registrars  of  voters  as  hereinafter  required,  containing  their 
names  and  addresses  as  they  appear  on  the  last  list  of  regis- 
tered voters,  is  filed  with  the  town  clerk  and  accountant, 
asking  that  the  question  or  questions  involved  in  such  vote 
be  submitted  to  the  registered  voters  of  the  town  for  action 
by  official  ballot,  the  operation  of  such  vote  shall  be  further 
suspended  and  the  selectmen  shall  forthwith  call  a  special 
meeting  for  the  sole  purpose  of  presenting  to  the  registered 
voters  for  action  by  official  ballot  the  question  or  questions 
so  involved. 

Any  such  petition  shall  be  deemed  a  referendum  petition. 
Signatures  thereon  need  not  be  all  on  one  paper  but  all  such 
papers  relating  to  one  vote  shall  be  fastened  securely  to- 
gether and  filed  as  one  instrument  with  the  endorsement 
thereon  of  the  person  or  persons  filing  the  same  and  the  time 
of  filing  shall  be  immediately  noted  thereon  by  the  town 
clerk  and  accountant. 

Immediately  after  the  expiration  of  the  time  within 
which  referendum  petitions  on  votes  at  any  meeting  may 
be  filed  hereunder,  the  town  clerk  and  accountant  shall 
notify  in  writing  the  registrars  of  voters,  who  shall  examine 
any  such  petition  seasonably  filed  and  within  five  days  of 
such  notification  determine  by  what  number  of  voters  it 
is  signed  in  conformity  with  the  provisions  of  this  section, 
and  what  percentage  that  number  is  of  the  total  number 
of  registered  voters  of  the  town  and  certify  their  findings 
to  the  selectmen  and  at  the  same  time  send  a  copy  of  the 
same  to  the  person  or  to  one  of  the  persons  who  filed  the 
petition. 

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  pre- 


76  Acts,  1939.  —  Chap.  80. 

viously  taken  by  the  voters  of  the  town  whereby  it  was 
voted  (brief  description  of  the  substance  of  the  vote)?" 

The  polls  at  such  special  meeting  shall  be  opened  not  later 
than  two  o'clock  in  the  afternoon  and  shall  be  closed  at  eight 
o'clock  in  the  evening,  and  all  votes  upon  any  questions  so 
submitted  shall  be  taken  by  official  ballot  in  the  same  manner 
as  in  the  election  of  town  officers. 

If  a  majority  of  the  registered  voters  of  the  town  voting 
thereon,  said  majority  being  at  least  twenty  per  cent  of  all 
the  registered  voters,  shall  vote  in  the  negative,  the  vote  as 
to  which  the  referendum  is  held  shall  be  null  and  void,  other- 
wise the  vote  shall  be  operative  and  effective  immediately 
upon  the  declaration  by  the  moderator  of  the  vote  upon  the 
referendum.  If  a  referendum  petition  is  not  filed  hereunder 
on  any  such  appropriation  vote  within  said  period  of  five 
days,  the  vote  shall  become  operative  and  effective  upon 
the  expiration  of  said  period. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  at  any  town  meeting  held  within 
two  years  after  its  passage,  in  the  form  of  the  following 
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  such  meeting: — "Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  thirty-nine, 
entitled  'An  Act  providing  for  a  referendum  to  the  voters 
of  the  town  of  Norwood  on  certain  appropriation  votes',  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  20,  1939. 


Chap.   80  An  Act  providing  that  the  custodian  of  tax  title 

PROPERTY  IN  THE  CITY  OF  NEW  BEDFORD  BE  APPOINTED 
BY  THE  MAYOR,  SUBJECT  TO  CONFIRMATION  BY  THE 
CITY  COUNCIL,  AND  RELATIVE  TO  THE  TENURE  AND  COM- 
PENSATION   OF   SUCH   CUSTODIAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  custodian  of  tax  title  property,  pro- 
vided for  in  chapter  three  hundred  and  fifty-eight  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  shall,  in  the  city 
of  New  Bedford,  be  appointed  by  the  mayor,  subject  to  con- 
firmation by  the  city  council,  shall  be  subject  to  removal 
in  the  same  manner  as  the  head  of  a  department  in  said 
city  and  shall  receive  compensation,  if  any,  fixed  in  Uke 
manner. 

Section  2.  The  incumbent  of  said  office  in  said  city  im- 
mediately preceding  the  effective  date  of  this  act  shall  cease 
to  hold  the  same  upon  the  quafification  of  the  person  ap- 
pointed to  said  office  under  this  act. 


Acts,  1939. —Chaps.  81,  82.  77 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
said  city,  subject  to  the  provisions  of  its  charter;  but  not 
otherwise.  Approved  March  20,  1939. 

An  Act  to  provide  that  payment  of  burial  expenses  QJiap.   81 

SHALL  NOT  BE  DEDUCTED  FROM  COMPENSATION  DUE  DE- 
PENDENTS IN  FATAL  INJURY  CASES  UNDER  THE  WORK- 
MEN'S   COMPENSATION  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  thirty-three,  as  ameAde^d.'  ^  ^^' 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following :  —  Section  33.    In  all  cases  the  Funeral 
insurer  shall  pay  the  reasonable  expense  of  burial,  not  ex-  ^^p^^^^- 
ceeding  one  hundred  and  fifty  dollars. 

Approved  March  20,  1939. 


An  Act  further  regulating  the  issuance  of  licenses  Qjiap.   82 

TO  OPERATE  MOTOR  VEHICLES  TO  PERSONS  WHOSE  LI- 
CENSES have  BEEN  REVOKED  FOLLOWING  CONVICTION 
FOR   DRUNKEN   DRIVING. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-four  of  chapter  ninety  of  the  General  Edo,'9o^t'24. 
Laws,  as  most  recently  amended  by  chapter  one  hundred  etc., 'amended. 
ancj  forty-five  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  striking  out  paragraph 
(1)  (c),  as  appearing  in  section  one  of  chapter  four  hundred 
and  thirty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  and  inserting  in  place  thereof  the  following:  — 

(c)  The  registrar,  after  having  revoked  the  Hcense  of  any  Restrictions 
person  under  the  preceding  paragraph  of  this  section,  shall  [pue'o?  new 
not  issue  a  new  license  to  such  person,  except  in  his  discre-  ^re^?o^I^^"^ 
tion  if  the  prosecution  of  such  person  has  terminated  in  revoked. 
favor  of  the  defendant,  until  five  years  after  a  conviction  of  a 
violation  of  paragraph  (1)  (a)  committed  within  six  years 
after  conviction  of  a  violation  of  said  paragraph,  nor  until 
one  year  after  a  final  conviction  of  any  violation  of  said 
paragraph  other  than  one  committed  within  six  years  as 
aforesaid ;  but  notwithstanding  the  foregoing  no  new  license 
shall  be  issued  by  the  registrar  to  any  person  convicted  of 
a  violation  of  paragraph  (1)  (a)  of  this  section  until  ten  years 
after  the  date  of  conviction  in  case  the  registrar  determines 
upon  investigation  and  after  hearing  that  the  action  of  the 
person  so  convicted  in  committing  such  offence  caused  an 
accident  resulting  in  the  death  of  another,  nor  at  any  time 
after  a  subsequent  conviction  of  such  an  offence,  whenever 
committed,  in  case  the  registrar  determines  in  the  manner 
aforesaid  that  the  action  of  such  person,  in  committing  the 


78  Acts,  1939. —Chaps.  83.  84. 

offence  of  which  he  was  so  subsequently  convicted,  caused 
an  accident  resulting  in  the  death  of  another. 

Approved  March  20,  1939. 


Chap.    S3  Ax  Act  relatttz  to  the  makixg  of  axxtal  reports  to 

THE  GENERAL  COITRT  BY  THE  DEPARTMENT  OF  IXDrSTRIAL 
ACCIDEXTS. 

Be  it  enacted,  etc.,  as  folloics: 
G  L  'Ter.  _         Chapter  one  hundred  and  fifty-two  of  the  General  Laws 
Seid^!  ^  ^'    is  hereby  amended  by  striking  out  section  four,  as  appearing 

in  the  Tercentenar\'  Edition,  and  inserting  in  place  thereof 
Annual  re:>;r-.   the  foUowing:  —  SecHon  4-    The  department  shall,  as  early 

as  is  consistent  with  fuU  and  accurate  preparation,  make 

an  annual  report  covering  the  preceding  calendar  year. 

Approved  March  20,  1939. 

Chap.    S4  Ax  Act  peovidixg  for  the  rsiPROvEMExr  bt  the  city  of 

WALTHAM   OF  A  CERTAIX  SECTTOX   OF  BEAVER   BROOK  COX- 
STITLTiXG  A  PART  OF  THE  BOUXDART  LIXE  BETWEEX  SAID 

crrr  axd  the  towx  of  belmoxt. 
Be  it  enacted,  etc..  as  foUoics: 

Secttox  1.  The  city  of  Waltham.  with  the  consent  of 
the  town  of  Belmont,  which  for  this  purpose  may  act  by 
and  through  its  board  of  selectmen,  may  widen,  deepen  and 
rip-rap  that  section  of  Beaver  brook  the  center  or  thread 
of  which  forms  a  part  of  the  boundary-  between  said  city 
and  said  town  and  which  runs  through  private  land  hing 
between  land  of  the  commonwealth,  constituting  a  part  of 
the  grounds  of  the  MetropoHtan  state  hospital,  on  the  north, 
and  land  of  the  commonwealth,  known  as  the  Beaver  Brook 
reservation  and  held  imder  the  control  of  the  metropoUtan 
district  commission,  on  the  south,  may  provide  a  charmel 
for  said  section  of  said  brook  below  the  ground  level  of  the 
land  bordering  on  said  section  and  may  provide  unsub- 
merged  outlets  for  street  drains  which  are  discharged  into 
said  section  of  said  brook,  and  for  any  or  aU  of  such  pur- 
poses may  enter  upon  lands  acquired  by  said  town  here- 
under and  may  do  such  work  in  and  upon  such  lands  as 
may  be  necessarj-.  Said  city  and  said  town  may  each  take 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws,  or  acquire  by  purchase  or  otherwise,  such  lands, 
rights  and  easem.ents  as  the  boards  or  ofl&cers  making  such 
takings  or  purchases  deem  necessan.-  to  perform  the  work 
hereby  authorized,  and  said  town  may  convey  to  said  city 
such  lands,  rights  and  easements  taken  or  acquired  by  said 
town  as  said  cit}*  and  said  town  may  mutually  agree  upon. 

Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  March  22,  1939. 


Acts,  1939.  —  Chaps.  85,  86.  79 


Ax  Act  making  temporary  provision  for  filling  va-  Chap.   85 

CANCIES    IN    THE    OFFICES    OF    MAYOR    AND    ALDERMEN    OF 
THE   CITY   OF   MELROSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  a  vacancy  occurs  in  the  office  of  mayor  of 
the  city  of  ^Melrose,  during  the  year  nineteen  hundred  and 
thirty-nine  or  the  year  nineteen  hundred  and  fortv',  it  shall 
be  filled  by  an  election  by  the  voters  of  the  city,  and  the 
board  of  aldermen  shall  forthwith  caU  a  meeting  for  such 
new  election.  If  a  vacancy  occurs  in  said  office  during  the 
3^ear  nineteen  hundred  and  forty-one,  it  shall  be  filled  by 
the  board  of  aldermen  by  a  majority  vote  of  all  its  members. 

Section  2.  If  a  vacancj-  occurs  in  the  office  of  alderman 
of  said  city  during  the  year  nineteen  hundred  and  thirty- 
nine,  it  shall  be  filled  by  an  election  b^'  the  voters  of  the 
whole  city  in  the  case  of  an  alderman  at  large  or  by  an  elec- 
tion by  and  from  the  voters  of  the  ward  entitled  to  such 
representation  in  the  case  of  a  ward  alderman,  and  the 
board  of  aldermen  shaD  forthwith  call  a  meeting  for  such 
new  election,  but  if  such  a  vacancy  occurs  during  the  year 
nineteen  hundred  and  forty  or  the  year  nineteen  hundred 
and  forty-one,  it  shall  be  filled  by  the  board  of  aldermen  by 
a  majority  vote  of  all  its  members. 

Section  3.  This  act  shall  apply  to  the  fiUing  of  such 
vacancies  occurring  during  the  years  nineteen  hundred  and 
thirty-nine,  nineteen  hundred  and  forty  and  nineteen  hun- 
dred and  forty-one,  any  provision  of  the  charter  of  said 
cit}^  to  the  contrary  notwithstanding. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 
Approved  March  22,  1939. 


An  Act  to  permit  charles  hayden  foundation  to  be  a  QJiQp^   gQ 

LIMITED    partner    IN    HAYDEN,    STONE    &    CO.    AND    IN   ANY 
SUCCESSOR   FIRM   FOR   A   CERTAIN   PERIOD. 

Be  it  enacted,  etc.,  as  follows: 

Charles  Hayden  Foundation,  a  corporation  duly  created 
by  chapter  five  hundred  and  eightj'-eight  of  the  laws  of 
nineteen  hundred  and  thirty-seven  of  the  state  of  New 
York,  is  hereby  granted  permission  within  this  common- 
w^ealth  to  be,  for  a  period  ending  not  later  than  Januar}^ 
first,  nineteen  hundred  and  fiftj'-two,  a  limited  partner  of 
the  finn  of  Hayden,  Stone  &  Co.,  a  limited  partnership 
organized  under  the  laws  of  New  York,  doing  business  in 
this  commonwealth,  and  in  any  firm  or  firms  successor  to 
said  partnership.  Approved  March  24,  1939. 


80 


Acts,  1939.  —  Chaps.  87,  88. 


Chap. 


Emergency 
preamble. 


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

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  fifty-six  of  the  acts 
of  nineteen  hundred  and  thirty-seven  is  hereby  repealed. 

Section  2.  Wherever  in  clauses  third  and  sixteenth  of 
section  fifty-four  of  chapter  one  hundred  and  sixty-eight  of 
the  General  Laws  a  number  of  fiscal  years  is  m.entioned,  the 
fiscal  years  beginning  in  the  years  nineteen  hundred  and 
thirty-one  to  nineteen  hundred  and  forty,  both  inclusive, 
shall  be  excluded  from  the  count,  if  the  inclusion  of  such 
years  or  any  one  or  more  of  them  would  render  any  security 
of  any  railroad  company  ineligible  for  investment,  and  all 
railroad  securities  which  were  eligible  for  investment  by 
savings  banks  on  January  first,  nineteen  hundred  and  thirty- 
one,  or  have  become  ehgible  for  such  investment  since  that 
date,  or  shall  hereafter,  prior  to  July  first,  nineteen  hundred 
and  forty-one,  become  efigible  for  such  investment,  shall 
continue  to  be  eligible  for  such  investment  until  July  first, 
nineteen  hundred  and  forty-one;  provided,  that  the  securi- 
ties of  a  railroad  company  defaulting  at  any  time  between 
January  first,  nineteen  hundred  and  thirty-one,  and  June 
thirtieth,  nineteen  hundred  and  fortj^-one,  both  dates  in- 
clusive, in  the  payment  of  matured  principal  or  interest  of 
any  of  its  mortgage  or  funded  indebtedness  shall  not  be 
eligible  for  such  investment;  and  provided,  further,  that 
the  securities  of  any  railroad  company  which,  as  shown  by 
its  reports  to  the  Interstate  Commerce  Commission,  has 
failed  to  earn  a  net  income  as  defined  by  said  commission 
in  any  three  of  the  five  fiscal  years  immediately  preceding 
the  date  of  investment,  shall  in  no  event  be  eligible  for  such 
investment.  Approved  March  24,  1939. 


Chap.  88  An  Act  requiring  municipalities  to  indemnify  and  pro- 
tect COLLECTORS  OF  TAXES  IN  THE  PERFORMANCE  OF 
THEIR    DUTIES    IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-one  of  the  General  Laws  is  hereby  amended 
by  inserting  after  section  forty-three,  as  appearing  in  the 
Tercentenary  Edition,  the  following  new  section :  —  Sec- 
tion  43 A.  If  it  appears  to  the  mayor  and  city  council  of  a 
city  or  the  selectmen  of  a  town,  upon  petition  of  the  col- 
lector of  taxes,  that  an  action  or  suit  has  been  brought 


G.  L.  (Ter. 
Fxl.),  41,  new 
section  43A, 
inserted. 

Protection  of 
collectors  of 
taxes  in  the 
performance 
of  duty. 


Acts,  1939.  ~  Chap.  89.  81 

against  him  for  damages  resulting  from  his  acts  as  collector, 
wherein  an  attachment  has  been  made  of  the  goods,  estate, 
effects  or  credits  of  the  collector,  by  trustee  process  or  other- 
wise, or  the  disposition  of  his  property  has  been  restricted 
by  injunction  and  that  such  acts  were  performed  in  good 
faith,  without  negligence,  and  in  the  belief  that  he  was 
acting  in  the  interest  of  the  city  or  town,  the  city  solicitor 
or  town  counsel  shall  be  required  by  said  mayor  and  city 
council  or  selectmen  to  defend  the  action  or  suit  or,  in  case 
of  a  town  having  no  town  counsel,  an  attorney  shall  be 
employed  by  the  selectmen  to  defend  such  action  or  suit, 
and  the  mayor  or  chairman  of  the  board  of  selectmen,  as 
soon  as  may  be,  shall  execute  a  certificate  setting  forth  the 
findings  of  the  mayor  and  cit}^  council  or  selectmen  upon 
such  petition  and  shall  cause  such  certificate  to  be  filed  in 
the  court  in  which  such  action  or  suit  is  pending,  and,  in 
the  case  of  attachment  of  real  property,  shall  cause  a  certi- 
fied cop3^  of  such  certificate  to  be  filed  in  the  registry  of 
deeds  for  the  district  in  which  the  property  is  situated,  or, 
in  the  case  of  registered  land,  in  the  office  of  the  assistant 
recorder  of  the  land  court  for  said  district,  and,  in  the  case 
of  attachment  of  personal  property  by  trustee  process, 
shall  cause  a  certified  cop}'  of  such  certificate  to  be  served 
upon  the  trustee  of  such  property,  and,  in  the  case  of  attach- 
ment of  personal  property  by  mesne  process,  shall  cause  a 
certified  copy  of  such  certificate  to  be  served  upon  the 
officer  who  made  the  attachment  of  said  property,  and 
thereupon  any  such  attachment  shall  be  dissolved  by  oper- 
ation of  law  and  any  such  injunction  shall  be  dissolved  by 
order  of  the  court  upon  motion.  Upon  presentation  to  the 
treasurer  of  a  city  or  town  by  an  officer  qualified  to  serve 
civil  process  of  an  execution  or  attested  copy  of  a  decree 
issued  or  made  against  the  collector  in  an  action  or  suit  in 
which  an  attachment  or  injunction  has  been  so  dissolved, 
the  treasurer,  after  an  appropriation  therefor  has  been  voted 
to  be  raised  by  taxation  or  from  available  funds,  shall  pay 
the  amount  payable  under  said  execution  or  decree.  If  the 
tax  rate  for  the  current  year  shall  have  been  fixed  the  city 
or  town  by  a  two  thirds  vote  may  incur  debt,  within  the 
limit  of  indebtedness  prescribed  in  section  ten  of  chapter 
forty-four  and  subject  to  the  pertinent  provisions  of  said 
chapter,  payable  within  one  year,  for  the  purpose  of  paying 
the  amount  of  the  execution  or  decree. 

Approved  March  24,  1939. 


An  Act  providing  for  the  appointment  of  assistant  (JJidjy     §9 

TREASURERS   OF   CITIES   AND   TOWNS.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-one  of  the  General  Laws  is  hereby  amended  g.  l.  (Ter. 
by  inserting  after  section  thirty-nine,  as  appearing  in  the  section  39aT 
Tercentenary   Edition,   the   following   new   section :  —  Sec-  '"-verted. 


82  Acts,  1939. —Chaps.  90,  91, 


Appointment 
of  assistant 
treasurers  in 
cities  and 
towns. 


Hon  39 A.  The  treasurer  of  a  city  or  town  may  in  writing 
appoint,  with  the  approval  of  the  mayor  or  the  selectmen 
thereof,  an  assistant  treasurer  who  may  be  an  employee  in 
the  treasurer's  department.  The  assistant  treasurer  shall 
be  sworn  to  the  faithful  performance  of  his  duties,  and  a 
record  shall  be  made  of  his  appointment  and  oath.  The 
assistant  treasurer  shall  be  a  citizen  of  the  United  States 
and  a  resident  of  the  commonwealth,  and  shall  give  bond 
annually  for  the  faithful  performance  of  his  duties  in  a  form 
approved,  and  in  an  amount  determined,  by  the  commis- 
sioner of  corporations  and  taxation.  Unless  a  temporary 
treasurer  is  appointed  in  accordance  with  law,  the  assistant 
treasurer  may,  in  the  absence  of  the  treasurer,  perform  his 
duties  and  when  performing  such  duties  shall  have  the 
powers  and  be  subject  to  the  requirements  and  penalties 
applicable  to  him.  The  person  appointed  as  assistant  treas- 
urer shall  not  receive  a  salary  from  the  city  or  town  for 
service  as  such,  but  his  compensation  therefor,  if  any,  shall 
be  paid  by  the  treasiu-er.  Approved  March  24,  1939. 

Chap.   90  An  Act  relative  to  the  performance  of  the  duties  of 

THE    COMMISSIONER   OF   CORRECTION    DURING   HIS   ABSENCE 
OR   DISABILITY. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Chapter   twenty-seven   of  the   General   Laws   is   hereby 

amenckd.^  ^'  amended  by  striking  out  section  two,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
Depntiesin  lowiug: — SecHon  2,  The  commissioner  may,  with  the  ap- 
proval of  the  governor  and  council,  appoint  and  remove  two 
deputy  commissioners,  and,  with  like  approval,  fix  their 
compensation.  The  deputy  commissioners  shall  perform 
such  duties  as  the  commissioner  shall  prescribe.  One  deputy 
commissioner,  who  shall  be  designated  by  the  commissioner, 
shall  perform  the  duties  of  the  commissioner  during  his 
absence  or  disability,  and  the  other  shall  perform  such 
duties  during  the  absence  or  disability  of  the  commissioner 
and  also  of  the  deputy  commissioner  so  designated,  or  during 
the  absence  or  disability  of  the  commissioner  in  case  the 
office  of  the  deputy  commissioner  so  designated  is  then 
vacant.  Approved  March  24,  1939. 


Chap.  91  ^  -^CT  AUTHORIZING  THE  CHANGING  OF  THE  METHOD  AND 
RATE  OF  ASSESSMENTS  FOR  SEWERS  CONSTRUCTED  BY  THE 
TOWN  OF  LEXINGTON  IN  CO-OPERATION  WITH  THE  FEDERAL 
GOVERNMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  section  one  of  chapter 
three  hundred  and  twenty-two  of  the  acts  of  nineteen  hun- 
dred and  thirteen,  as  amended  by  section  one  of  chapter 
two  hundred  and  twenty-one  of  the  acts  of  nineteen  hundred 


department. 


Acts,  1939. —Chap.  91.  83 

and  twenty-six,  with  reference  to  assessment  of  the  cost  of 
sanitary  sewers  constructed  in  the  town  of  Lexington  in 
accordance  with  the  provisions  of  chapter  five  hundred  and 
four  of  the  acts  of  eighteen  hundred  and  ninety-seven,  as 
amended,  shall  not  apply  to  sanitary  sewers,  as  defined  in 
section  one  of  said  chapter  two  hundred  and  twenty-one, 
constructed  in  the  said  town  in  co-operation  with  the  Works 
Progress  Administration  of  the  United  States.  The  portion 
of  the  cost  of  such  sanitary  sewers  which  is  not  paid  or 
provided  by  said  Works  Progress  Administration  shall  be 
assessed  upon  the  estates  specially  benefited  by  such  sani- 
tary sewers.  The  board  of  selectmen  of  said  town  shall 
determine  the  amount  to  be  so  assessed  and  shall  apportion 
the  same  upon  the  estates  that  they  shall  determine  to  be 
specially  benefited,  in  the  proportion  which  the  area  of  each 
such  estate,  for  a  depth  not  to  exceed  one  hundred  and 
twenty-five  feet,  bears  to  the  total  area  included  in  the  cal- 
culation, but  the  entire  estate  shall  be  subject  to  the  lien  for 
such  assessment.  No  land  shall  be  taxed  or  assessed  here- 
under more  than  once.  No  assessment  hereunder  shall  be 
levied  upon  any  estate  or  part  thereof,  which  by  reason  of 
its  grade  or  otherwise  cannot  be  drained  into  such  new 
construction,  until  such  incapacity  has  been  removed.  No 
assessment  hereunder  shall  exceed  the  amount  of  the  special 
benefit  to  the  estate  assessed.  No  drain  or  sewer  from  an 
estate  or  part  thereof  not  previously  assessed  or  not 
presently  liable  to  assessment  as  herein  provided,  or  as  pro- 
vided in  said  chapter  three  hundred  and  twenty-two,  as 
amended  by  said  chapter  two  hundred  and  twenty-one,  shall 
be  entered  in  such  a  sanitary  sewer,  as  defined  as  aforesaid, 
so  constructed  in  co-operation  with  said  Works  Progress 
Administration,  except  upon  the  payment  of  such  an  assess- 
ment or  charge  and  upon  such  other  terms  and  conditions  as 
the  board  of  selectmen  of  said  town  shall  determine.  The 
provisions  of  chapter  eighty  of  the  General  Laws  relative 
to  the  apportionment,  division,  reassessment,  abatement 
and  collection  of  assessments,  and  to  interest,  shall  apply 
to  assessments  made  under  this  act.  The  cost  of  such  sani- 
tary sewers  so  constructed  shall  not  be  included  in  future 
determination  of  "cost"  of  sewers  for  the  purpose  of  assess- 
ment under  said  chapter  three  hundred  and  twenty-two, 
as  amended  by  said  chapter  two  hundred  and  twenty-one. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance within  two  years  after  its  passage  by  the  town  of 
Lexington.  Approved  March  S4,  1939. 


84  Acts,  1939. —Chaps.  92,  93. 


Chap.   92  An  Act  providing  that  not  more  than  one  application 

FOR  A  LICENSE  FOR  THE  RETAIL  SALE  OF  ALCOHOLIC  BEV- 
ERAGES TO  BE  EXERCISED  ON  THE  SAME  PREMISES  DURING 
THE  SAME  LICENSE  YEAR  SHALL  BE  RECEIVED  BY  CERTAIN 
LICENSING   AUTHORITIES. 

Be  it  enacted,  etc.,  as  follows: 

G.^L.  (Ter.  Sectioii  sixteen  B  of  chapter  one  hundred  and  thirty-eight 

of  the  General  Laws,  as  most  recently  amended  by  section 
two  of  chapter  four  hundred  and  twenty-four  of  the  acts  of 
nineteen  hundred  and  thirty-seven,  is  hereby  further  amended 
by  striking  out  the  second  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 
Applications  The  Hceusing  authorities  shall  not  receive  more  than  one 

limited!"^^^  application  for  a  license  under  section  twelve  or  fifteen  to 
be  exercised  on  the  same  premises  during  the  same  license 
year,  except  in  any  case  where  they  otherwise  determine. 

Approved  March  24,  1939. 


Ed.),  138, 
§  16B.  etc 
amended. 


Chap.   93  An  Act  making  an  uninsured  independent  contractor 
OR  uninsured  sub-contractor  liable  to  the  insurer 

OF  AN  INSURED  PERSON  WHERE  SUCH  INSURER  IS  OBLI- 
GATED to  make  PAYMENT  TO  AN  EMPLOYEE  OF  SUCH 
UNINSURED  INDEPENDENT  CONTRACTOR  OR  UNINSURED 
SUB-CONTRACTOR. 

Emergency  Whcrcas,    The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  its  puTpose,  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.  Sectiou  eighteen  of  chapter  one  hundred  and  fifty-two  of 

^tci^'ameAdy^'  the  General  Laws,  as  amended  by  chapter  one  hundred  and 
two  of  the  acts  of  nineteen  hundred  and  thirty-eight,  is 
hereby  further  amended  by  inserting  after  the  word  "per- 
son" in  the  fourteenth  line  the  following  sentence:  —  The 
insurer  shall  also  be  entitled  to  recover  from  the  uninsured 
independent  contractor  or  the  uninsured  sub-contractor  all 
compensation  benefits  and  expenses,  medical,  hospital  or 
otherwise,  that  it  has  paid  or  may  become  obligated 
to  pay  on  account  of  any  injury  to  the  employee  or  em- 
ployees of  any  such  uninsured  independent  contractor  or  unin- 
sured sub-contractor;  provided,  that  this  provision  shall  not 
authorize  the  insurer  to  recover  from  such  a  contractor  or 
sub-contractor  an  amount  which,  together  with  any  sum 
recovered  under  this  chapter  from  any  other  person  on 
account  of  the  payment  of  compensation  to  such  employee 
or  employees,  will  exceed  in  the  aggregate  the  amount  of 
such  compensation  benefits  and  expenses,  —  so  as  to  read 
Independent  as  foUows:  —  Scction  18.  If  an  insured  person  enters  into 
contractor.        ^  contract,  Written  or  oral,  with  an  independent  contractor 


Acts,  1939.  —  Chap.  94.  85 

to  do  such  person's  work,  or  if  such  a  contractor  enters  into 
a  contract  with  a  sub-contractor  to  do  all  or  any  part  of  the 
work  comprised  in  such  contract  with  the  insured,  and  the 
insurer  would,  if  such  work  were  executed  by  employees  im- 
mediately emploj^ed  by  the  insured,  be  liable  to  pay  compen- 
sation under  this  chapter  to  those  employees,  the  insurer 
shall  pay  to  such  employees  any  compensation  which  would 
be  payable  to  them  under  this  chapter  if  the  independent  or 
sub-contractors  were  insured  persons.  The  insurer,  how- 
ever, shall  be  entitled  to  recover  indemnity 'from  any  other 
person  who  would  have  been  liable  to  such  employees  inde- 
pendently of  this  section;  and  if  the  insurer  has  paid  com- 
pensation under  this  section,  it  may  enforce,  in  the  name  of 
the  employee  or  in  its  own  name  and  for  its  benefit,  the  lia- 
bility of  such  other  person.  The  insurer  shall  also  be  entitled 
to  recover  from  the  uninsured  independent  contractor  or  the 
uninsured  sub-contractor  all  compensation  benefits  and  ex- 
penses, medical,  hospital  or  otherwise,  that  it  has  paid  or 
may  become  obligated  to  pay  on  account  of  any  injury  to 
the  employee  or  employees  of  any  such  uninsured  inde- 
pendent contractor  or  uninsured  sub-contractor;  provided, 
that  this  provision  shall  not  authorize  the  insurer  to  recover 
from  such  a  contractor  or  sub-contractor  an  amount  which, 
together  with  any  sum  recovered  under  this  chapter  from 
any  other  person  on  account  of  the  payment  of  compensa- 
tion to  such  employee  or  employees,  will  exceed  in  the 
aggregate  the  amount  of  such  compensation  benefits  and 
expenses.  This  section  shall  not  apply  to  any  contract  of 
an  independent  or  sub-contractor  which  is  merely  ancillary 
and  incidental  to,  and  is  no  part  of  or  process  in,  the  trade 
or  business  carried  on  by  the  insm-ed,  nor  to  any  case  where 
the  injury  occurred  elsewhere  than  on,  in  or  about  the 
premises  on  which  the  contractor  has  undertaken  to  execute 
the  work  for  the  insured  or  which  are  under  the  control  or 
management  of  the  insured.  The  word  "premises",  as  used 
in  this  section,  shall  include  the  public  highwaj^s  if  the  con- 
tract requires  or  necessitates  the  use  of  the  public  highways. 

Approved  March  27,  1939. 


An  Act  providing  for  a  maximum  fee  for  the  badges  r<h„^    04 

OF   certain. NEWSBOYS.  ^* 

Be  it  enacted,  etc.,  as  follows: 

Section  seventy  of  chapter  one  hundred  and  forty-nine  of  g.  l.  (Ter. 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  amended, 
is  hereby  amended  by  adding  at  the  end  the  following  new 
sentence :  —  The  charge,  if  any,  for  such  a  badge  issued  to  Fee  for  badges 
such  a  boy  engaged  or  employed  in  the  sale  of  newspapers  ^""^  "^^""^^^y^- 
in  a  street  shall  be  such  sum,  not  more  than  twenty-five  cents, 
as  shall  be  determined  by  the  officer  issuing  the  same. 

Approved  March  27,  1939. 


86  Acts,  1939.  —  Chaps.  95,  96. 


Chap.   95  An  Act  requiring  the  city  of  fall  river  to  temporarily 

REINSTATE  JAMES  W.  MOONEY  AS  A  LABORER  FOR  THE  SOLE 
PURPOSE   OF   BEING    RETIRED. 

Be  it  enacted,  etc.,  as  follows: 

James  W.  Mooney,  who  was  employed  for  over  thirty- 
six  years  as  a  teamster  and  laborer  in  the  service  of  the 
city  of  Fall  River  and  who  became  separated  from  such 
service  in  the  year  nineteen  hundred  and  thirty-two,  by 
reason  of  inabihty  to  work  on  account  of  disability  arising 
out  of  and  in  the  course  of  his  employment,  shall  be  rein- 
stated by  said  city  in  its  public  works  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  labor  service. 

Approved  March  29,  1939. 

Chap.   96  ^^  Act  authorizing  the  commissioner  of  labor  and  in- 

DUSTRIES  TO  SUSPEND  UNTIL  APRIL  FIRST,  NINETEEN  HUN- 
DRED AND  FORTY-ONE,  THE  SIX  o'cLOCK  LAW,  SO  CALLED, 
RELATING  TO  THE  HOURS  OF  EMPLOYMENT  OF  WOMEN  IN 
THE   TEXTILE   INDUSTRY. 

Emergency  Wkereas,    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  preserva- 
tion of  the  pubhc  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  re- 
cently amended  by  chapter  sixty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out,  in  the  fifth  line,  the  word  "thirty-nine" 
and  inserting  in  place  thereof  the  word :  —  forty-one,  — 
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  Constitution  of  the 
Commonwealth,  to  suspend,  until  April  first,  nineteen  hun- 
dred and  forty-one,  subject  to  such  restrictions  and  condi- 
tions 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  employ- 
ment 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  30,  1939. 


Acts,  1939.  ~  Chap.  97.  87 


An  Act  relative  to  the  construction  by  the  city  of  Chav     97 

CHICOPEE   OF  FLOOD   PROTECTION   WORKS   ALONG  THE   CON- 
NECTICUT   and    CHICOPEE    RIVERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Chicopee,  for  the  purpose  of 
protecting  highways  and  pubHc  or  private  property  from 
damage  by  freshet  or  any  flow  of  the  Connecticut  river  or 
Chicopee  river,  may,  by  its  city  council,  from  time  to  time, 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  or  acquire  by  purchase  or  otherwise,  land 
and  easements  in  land  and  may  construct  dikes,  walls, 
drains,  bridges  and  other  flood  protection  works.  Any 
person  who  is  injured  in  his  property  by  any  act  of  said 
city  under  any  provision  of  this  act  may  recover  from  said 
city  damages  therefor  under  said  chapter  seventy-nine. 
Said  flood  protection  works  may  be  constructed  in  con- 
junction with  the  Connecticut  river  flood  protection  proj- 
ects of  the  United  States  of  America.  The  provisions  of 
sections  thirteen  and  twenty  of  chapter  ninety-one  of  the 
General  Laws  shall  appl}^  to  the  projects  herein  authorized. 

Section  2.  For  the  purpose  authorized  by  section  one, 
the  city  of  Chicopee  may  borrow  from  time  to  time,  within 
a  period  of  three  years  from  the  passage  of  this  act,  such 
sums  as  may  be  approved  by  the  emergency  finance  board 
established  under  section  one  of  chapter  forty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-three,  but  not  exceed- 
ing, in  the  aggregate,  three  hundred  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Chicopee  Flood  Control  Loan,  Act  of  1939. 
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  within  the  statutory  limit,  but  shall,  except  as  pro- 
vided herein,  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  3.  The  orders  passed  by  the  city  of  Chicopee 
in  the  year  nineteen  hundred  and  thirty-eight  relating  to 
flood  control  in  conjunction  with  the  Federal  government, 
and  acts  done  pursuant  to  said  orders,  are  hereby  ratified 
and  confirmed  and  shall  have  the  same  effect  and  validity 
as  if  sections  one  and  two  of  this  act  had  been  in  effect  prior 
to  the  passage  of  said  orders. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 
Approved  March  30,  1939. 


88  Acts,  1939.  —  Chaps.  98,  99. 


Chap.    98  An  Act  extending  the  period  of  operation  of  a  certain 

LAW  MODIFYING   THE  REQUIREMENTS  FOR  INVESTMENTS  IN 
REAL   ESTATE   MORTGAGES   BY   BANKING   INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  one  hundred  and  ninety-one  of  the 
acts  of  nineteen  hundred  and  thirty-six,  as  amended  by  sec- 
tion two  of  chapter  four  hundred  and  five  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  striking  out,  in  the  second  hne,  the  word  "thirty-nine" 
and  inserting  in  place  thereof  the  word :  —  forty-one,  —  so 
as  to  read  as  follows:  —  Section  2.  This  act  shall  become 
inoperative  after  December  thirty-first,  nineteen  hundred 
and  forty-one,  but  this  section  shall  not  affect  any  mortgage 
taken  under  section  one  on  or  before  said  date. 

Approved  March  SI,  1939. 


Chap.   99  An  Act  creating  the  timber  salvage  commission  and 

DEFINING   its    POWERS   AND   DUTIES. 

Emergency  Whercas,  The  deferred  operation  of  this  act  would  defeat 

preamble.  -^^  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  folloivs: 

Section  1.  There  is  hereby  established  in  the  division 
of  forestry  of  the  department  of  conservation,  but  in  no 
manner  subject  to  the  control  of  the  commissioner  of  con- 
servation, a  Timber  Salvage  Commission,  hereinafter  called 
the  commission,  consisting  of  said  commissioner,  ex  officio, 
and  four  persons  to  be  appointed  by  the  governor.  The 
chairman  of  the  commission  shall  be  such  member  as  shall 
be  designated  by  the  governor.  The  existence  of  the  com- 
mission shall  cease  on  November  thirtieth  in  the  current 
year.  The  action  of  a  majority  of  the  members  shall  consti- 
tute the  action  of  the  commission,  and  whenever  any  action 
by  the  commission  is  required  to  be  in  writing,  such  writing 
shall  be  sufficient  when  signed  by  a  majority  of  its  members. 

Section  2.  Each  member  of  the  commission,  other  than 
the  commissioner  of  conservation,  shall  receive  compensa- 
tion at  the  rate  of  ten  dollars  per  day  when  attending  official 
meetings  and  shall  also  receive  his  travefing  and  other  neces- 
sary expenses  incurred  in  the  performance  of  his  duties. 
The  commission,  subject  to  the  approval  of  the  governor 
and  council,  may  employ  a  secretary  and  such  other  clerical 
and  field  assistants  as  it  may  require;  provided,  that  the 
foregoing  shall  authorize  expenditures  to  the  extent  only 
that  funds  are  provided  by  appropriation  or  otherwise.  The 
commission  may  call  upon  any  department,  board,  commis- 
sion or  officer  of  the  commonwealth  for  such  information 
within  its  or  his  possession  as  in  the  opinion  of  the  commis- 


Acts,  1939.  —  Chaps.  100,  101.  89 

sion  may  be  needed  in  carrying  out  this  act.  The  commission 
shall  be  furnished  with  quarters  in  the  state  house  or  else- 
where in  the  citj^  of  Boston.  Upon  request  of  the  governor 
at  any  time,  the  commission  shall  render  to  him  a  report  of 
its  doings,  and  prior  to  December  first  in  the  current  year 
it  shall  make  a  final  report  thereof. 

Section  3.  The  commission  shall  determine  the  most 
feasible  manner  for  the  salvaging  of  timber  blown  down  in 
the  hurricane  of  September  twenty-first,  nineteen  hundred 
and  thirty-eight,  including  the  storage,  sale  and  economical 
disposition  of  such  timber,  and  for  the  co-operation  of  local, 
state  and  federal  agencies  in  such  salvaging,  and  also  shall 
determine  the  best  methods  of  eUminating  fire  hazards 
resulting  from  the  timber  so  blown  down.  Upon  the  request 
of  owners  of  any  such  timber,  the  commission  shall  confer 
with  them,  shall  furnish  them  with  advice  relative  to  such 
timber  and,  in  so  far  as  it  has  the  power,  shall  assist  them 
in  disposing  of  the  same. 

Section  4.  For  the  purposes  of  this  act,  there  is  hereby 
appropriated,  in  advance  of  the  general  appropriation  act 
of  the  current  year,  the  sum  of  ten  thousand  dollars  to  be 
paid  out  of  current  revenue,  pursuant  to  a  message  of  the 
governor  dated  March  thirteenth  of  the  current  year. 

Approved  April  1,  1939. 


An  Act  authorizing  the  town  of  tisbury  to  construct  (JJiav.  100 

A   BRIDGE   WITHOUT   A   DRAW   OVER   TASHMOO    CHANNEL   IN 
SAID    TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Tisbury  is  hereby  authorized  to 
construct,  subject  to  chapter  ninety-one  of  the  General 
Laws,  a  bridge  without  a  draw,  and  approaches  thereto,  to 
carry  the  existing  way  across  Tashmoo  channel  which  runs 
from  Tashmoo  pond  to  Vineyard  sound  in  said  town. 

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

Approved  April  1,  1939. 

An  Act  authorizing  the  Salisbury  reclamation  dis-  (^/^^j^)  101 
trict  to  refund  certain  indebtedness.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  SaHsbury  Reclamation  District  is  hereby 
authorized  to  refund  or  extend,  from  time  to  time,  for  a 
period  not  extending  beyond  July  first,  nineteen  hundred 
and  thirty-nine,  two  hundred  and  fifty  dollars  of  a  loan  of 
five  hundred  dollars  borrowed  in  anticipation  of  the  revenue 
of  nineteen  hundred  and  thirty-seven  on  a  note  dated  July 
seventeenth,  nineteen  hundred  and  thirty-seven,  and  ma- 
turing on  July  seventeenth,  nineteen  hundred  and  thirty- 
eight;  and  may  issue  a  note  or  notes  therefor,  which  shall 
bear  on  their  face  the  words,  Salisbury  Reclamation  District 


90  Acts,  1939.  —  Chaps.  102,  103. 

Refunding  Loan,  Act  of  1939.  All  betterment  assessments 
received  on  account  of  the  improvements  heretofore  made 
by  the  district  and  all  sums  received  from  sales  of  land  taken 
by  or  for  the  district  in  consequence  of  failure  by  certain 
proprietors  to  pay  assessments  heretofore  made  by  the  dis- 
trict shall  be  applied  to  the  payment  of  indebtedness  incurred 
hereunder.  The  amount  of  the  debt  remaining  unpaid  on 
June  first,  nineteen  hundred  and  thirty-nine,  to  the  extent 
that  funds  are  not  then  available  to  pay  the  same,  shall  be 
assessed  on  the  land  of  the  proprietors  as  provided  in  section 
eleven  of  chapter  two  hundred  and  fifty-two  of  the  General 
Laws. 

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

Approved  April  1,  1939. 

Chap. 102  An  Act  further  authorizing  appropriations  by  the 

TOWN    OF    NANTUCKET    FOR    MUNICIPAL    ADVERTISING    PUR- 
POSES. 

Be  it  enacted,  etc.,  as  follows: 

In  addition  to  any  amount  appropriated  under  authority 
of  chapter  one  hundred  and  thirty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  the  town  of  Nantucket  may 
appropriate  annually  a  sum  not  exceeding  thirty-five  hun- 
dred dollars  for  the  purpose  of  advertising  its  resources, 
advantages  and  attractions;  provided,  that  before  any 
such  appropriation  is  made  a  sum  at  least  equal  to  the 
amount  thereof  shall  previously  have  been  contributed  by 
public  subscription,  or  by  donation  or  legacy,  and  paid  into 
the  town  treasury  to  be  expended  for  the  aforesaid  purposes. 
The  money  so  appropriated  shall  be  expended  under  the 
direction  of  the  selectmen.  Approved  April  1,  1939. 

Chap. lOS  An  Act  authorizing  the  establishment  of  a  reserve 

FORCE     IN     THE     FIRE     DEPARTMENT     OF     THE     TOWN     OF 
METHUEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Methuen  may,  by  its  board  of 
selectmen,  establish  a  reserve  force  of  firemen  in  its  fire 
department;  and  appointments  thereto  and  removals  there- 
from shall,  subject  to  chapter  thirty-one  of  the  General 
Laws,  be  made  in  the  same  manner  as  appointments  to  and 
removals  from  the  regular  or  permanent  force  of  the  fire 
department  of  said  town.  The  number  of  members  of  such 
reserve  force  shall  not  exceed  five  unless  the  regular  fire 
force  exceeds  fifteen,  in  which  case  one  member  may  be 
added  to  the  reserve  force  for  every  three  of  the  regular 
force  above  fifteen.  The  selectmen  may  assign  members  of 
said  reserve  force  to  active  duty  whenever  and  for  such 
length  of  time  as  they  may  deem  necessary  and  shall  fix  their 
compensation.     Except   as   otherwise   provided   herein,   no 


Acts,  1939.  —  Chaps.  104,  105.  91 

provision  of  law  applicable  to  the  regular  or  permanent 
force  of  the  fire  department  of  said  town  shall  apply  to  said 
reserve  force  or  the  members  thereof  except  when  assigned 
to  active  duty. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  year  nineteen 
hundred  and  forty  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  hun- 
dred and  thirty-nine,  entitled  'An  Act  authorizing  the 
estabhshment  of  a  reserve  force  in  the  fire  department  of 
the  town  of  Methuen',  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  1,  1939. 


Chap. 1^4. 


An  Act  further  extending  the  time  during  which  co- 
operative BANKS  MAY  BORROW  FROM  ANY  SOURCE  TO 
MAKE   REAL    ESTATE   LOANS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  ninety-five  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  as  amended  by  chapter  eighty- 
one  of  the  acts  of  nineteen  hundred  and  thirty-eight,  is 
hereby  further  amended  by  striking  out,  in  the  second  line, 
the  word  "four"  and  inserting  in  place  thereof  the  word:  — 
five,  —  so  as  to  read  as  follows :  —  Any  co-operative  bank 
established  under  the  laws  of  the  commonwealth  may 
within  five  j^ears  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  herein- 
before provided,  such  loans  shall  be  subject  to  said  section 
forty.  Approved  April  1,  1939. 

An    Act    authorizing    the    county    commissioners    of  QJiq^j)  ^05 

HAMPSHIRE   county  TO   EXPEND  MONEY   FOR  THE   PURPOSE  ^' 

OF  ADVERTISING   THE   RECREATIONAL  ADVANTAGES   OF   THE 
COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Hampshire 
county,  for  the  purpose  of  advertising  the  recreational  ad- 
vantages of  said  county,  may  expend  such  sums,  not  exceed- 
ing, in  the  aggregate,  five  thousand  dollars  in  any  one  year, 
as  may  be  appropriated  therefor;  provided,  that  such 
expenditures  from  money  so  appropriated  shall  not  at  any 


92  Acts,  1939.  —  Chap.  106. 

time  be  more  than  the  sum  which  shall  have  been  contrib- 
uted by  public  subscription  or  by  donation  deposited  with 
the  county  treasurer  for  the  purpose  aforesaid.  Said  com- 
missioners shall  expend  such  sums  only  for  advertising  in 
newspapers,  magazines  and  the  Hke,  or  for  booklets,  posters 
or  other  forms  of  advertising..  In  carrying  out  the  provisions 
of  this  act  the  county  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.  Such  adver- 
tising may  be  carried  on  in  cooperation  with  the  county 
commissioners  of  one  or  more  other  counties  thereunto 
authorized,  and  the  county  commissioners  of  such  cooper- 
ating counties  may  designate  a  common  agent  or  agents 
therefor;  provided,  that  for  advertising  so  carried  on, 
money  shall  be  expended  by  the  cooperating  counties  in 
proportion  to  the  sums  severally  appropriated  for  such 
purpose  for  such  counties. 

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

Approved  April  1,  1939. 


Chap.106  An    Act    authorizing    the    county    commissioners    of 

FRANKLIN  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  Franklin 
county,  for  the  purpose  of  advertising  the  recreational  ad- 
vantages of  said  county,  may  expend  such  sums,  not  exceed- 
ing, in  the  aggregate,  five  thousand  dollars  in  any  one  year, 
as  may  be  appropriated  therefor;  provided,  that  such  ex- 
penditures 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  commis- 
sioners shall  expend  such  sums  only  for  advertising  in  news- 
papers, magazines  and  the  like,  or  for  booklets,  posters  or 
other  forms  of  advertising.  In  carrying  out  the  provisions 
of  this  act  the  county  commissioners  may  designate  an 
agent  or  agents  to  act  for  them;  provided,  that  all  bills  in- 
curred 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.  Such 
advertising  may  be  carried  on  in  cooperation  with  the 
county  commissioners  of  one  or  more  other  counties  there- 
unto authorized,  and  the  county  commissioners  of  such  co- 
operating counties  may  designate  a  common  agent  or  agents 
therefor;     provided,    that    for    advertising    so    carried    on, 


Acts,  1939.  —  Chaps.  107,  108.  93 

money  shall  be  expended  by  the  cooperating  counties  in 
proportion  to  the  sums  severally  appropriated  for  such 
purpose  for  such  counties. 

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

Approved  April  1,  1939. 

An    Act    authorizing    the    county    commissioners    of  (Jfiaj)  107 

HAMPDEN  COUNTY  TO  EXPEND  MONEY  FOR  ADVERTISING 
THE  RECREATIONAL  ADVANTAGES  OF  THE  COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of-  Hampden 
county,  for  the  purpose  of  advertising  the  recreational  ad- 
vantages of  said  county,  may  expend  such  sums,  not  exceed- 
ing, in  the  aggregate,  five  thousand  dollars  in  any  one  year, 
as  may  be  appropriated  therefor;  provided,  that  such  ex- 
penditures 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.  In  carrying  out  the 
provisions  of  this  act  the  county  commissioners  may  desig- 
nate 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  ap- 
proved by  the  county  commissioners  or  a  majority  of  them. 
Such  advertising  may  be  carried  on  in  cooperation  with  the 
county  commissioners  of  one  or  more  other  counties  there- 
unto authorized,  and  the  county  commissioners  of  such 
cooperating  counties  may  designate  a  common  agent  or 
agents  therefor;  provided,  that  for  advertising  so  carried 
on,  money  shall  be  expended  by  the  cooperating  counties  in 
proportion  to  the  sums  severally  appropriated  for  such 
purpose  for  such  counties. 

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

Approved  April  1.  1939. 


An  Act  providing  for  submitting  to  the  voters  of  Chav.  lOS 
certain  cities  the  question   of  approving   or  dis- 

APPROVING  orders  AUTHORIZING  THE  ISSUE  OF  BONDS, 
notes  or  CERTIFICATES  OF  INDEBTEDNESS  FOR  CERTAIN 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  forty-four  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  eight  the  follow-  Sctlon^sAr'^ 

added. 


94 


Acts,  1939. —Chap.  108. 


Referendum 
on  municipal 
borrowings. 


Acceptance 
provisions. 


ing  new  section :  —  Section  8 A .  In  any  city  which  accepts 
this  section  upon  its  submission  in  accordance  with  law  at 
its  first  regular  city  election  following  the  effective  date  of 
this  section,  an  order  authorizing  the  issue  of  bonds,  notes 
or  certificates  of  indebtedness  for  any  purpose  specified  in 
any  appHcable  clause  of  section  seven,  other  than  clause  (11), 
or  specified  in  clause  (3),  (4),  (5),  (6),  (7),  (8),  (10)  or  (12) 
of  section  eight,  shall  not  become  eflPective  before  the  expira- 
tion of  a  period  of  twenty  days  from  the  day  upon  which 
such  order  would  become  effective  except  for  this  section. 
If  within  said  period  a  petition  signed  by  registered  voters 
of  the  city  to  the  number  of  twelve  thousand  or  equal  in 
number  to  at  least  twelve  per  cent  of  the  total  number  of 
such  registered  voters,  whichever  is  the  lesser,  and  con- 
forming to  the  provisions  of  section  thirty-eight  of  chapter 
forty-three  relative  to  initiative  petitions  in  cities  governed 
by  said  chapter,  shall  be  filed  with  the  city  clerk,  such  filing 
in  cities  subject  to  said  section  thirty-eight  to  be  in  the 
manner  therein  provided,  asking  that  the  question  of  ap- 
proving or  disapproving  such  order  be  submitted  to  the 
registered  voters  of  the  city,  such  order  shall  be  further  sus- 
pended from  becoming  effective  and  said  city  clerk  shall 
forthwith  transmit  such  petition  to  the  city  council,  which 
shall  immediately  reconsider  such  order.  If  such  order  is 
not  rescinded,  the  city  council  shall  submit  the  same  to  a 
vote  of  the  registered  voters  of  the  city,  either  at  the  next 
regular  city  election,  or  at  a  special  city  election  which  may, 
in  the  discretion  of  the  city  council,  be  called  for  the  purpose 
in  the  manner  provided  by  law.  If  an  order  submitted  as 
aforesaid  be  approved  by  a  majority  of  the  registered  voters 
voting  on  the  question,  such  order  shall  at  once  become 
effective;  but  if  not  so  approved  such  order  shall  have  no 
effect.  If  a  petition  relative  to  any  such  order  is  not  filed 
within  said  period  of  twenty  days,  such  order  shall  become 
effective  upon  the  expiration  of  said  period. 

Section  2.  The  question  of  the  acceptance  of  section 
eight  A  of  chapter  forty-four  of  the  General  Laws,  inserted 
by  section  one  of  this  act,  shall  be  submitted  to  the  regis- 
tered voters  of  every  city,  the  laws  applicable  to  which  do 
not  authorize  the  submission  to  the  registered  voters  thereof 
on  referendum  of  the  question  or  questions  involved  in 
orders  authorizing  the  issue  of  bonds,  notes  or  certificates 
of  indebtedness  for  the  several  apphcable  purposes  set 
forth,  by  reference,  in  section  one  of  this  act,  in  the  form 
of  the  following  question,  which  shall  be  placed  upon  the 
official  ballot  to  be  used  at  the  first  regular  city  election  of 
such  city  held  following  the  effective  date  of  this  act :  — 
"Shall  section  eight  A  of  chapter  forty-four  of  the  General 
Laws,  relative  to  submitting  to  the  voters  of  certain  cities 
the  question  of  approving  or  disapproving  orders  authoriz- 
ing the  issue  of  bonds,  notes  or  certificates  of  indebtedness 
for  certain  purposes,  be  accepted?"  If  a  majority  of  the 
voters  of  any  such  city  voting  on  the  question  votes  in  the 


Acts,  1939.  —  Chaps.  109,  110.  95 

affirmative,  said  section  eight  A  shall  thereupon  take  full 
effect  with  respect  to  such  city,  but  not  otherwise. 

Approved  April  1,  1939. 


Chav.im 


G.  L.  (Ter. 
Ed.),  41,  §  35, 


An  Act  providing  that  city,  town  and  county  treas- 
urers SHALL  BE  BONDED  WITH  RESPECT  TO  THE  PER- 
FORMANCE OF  THEIR  DUTIES  IN  CONNECTION  WITH  TRUST 
FUNDS  AND  FUNDS  OF  RETIREMENT  SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-five  of  chapter  forty-one  of  ^  _ 
the  General  Laws,  as  amended  by  section  two  of  chapter  etc!,' 'amended 
one  hundred  and  forty-three  of  the  acts  of  nineteen  hundred 
and  thirty-seven,  is  hereby  further  amended  by  adding  at 
the  end  the  following  new  sentence :  —  The  bond  required  Bond  of  city 
herein  shall  cover  the  duties  of  the  treasurer  with  respect  to  ?r1asurers. 
trust  funds  and  funds  of  retirement  systems  which  are  in 
his  custody  by  virtue  of  his  office,  and  any  such  funds,  for 
the  purposes  of  said  bond,  shall  be  deemed  to  be  public 
funds. 

Section  2.     Section  three  of  chapter  thirty-five  of  the  g.  l.  (Ter. 
General  Laws,  as  amended  by  chapter  fifty-six  of  the  acts  of  ^tc'.! 'amended. 
nineteen  hundred  and  thirty-two,  is  hereby  further  amended 
by  adding  at  the  end  the  following  new  sentence :  —  The  Bond  of 
bond  required  herein  shall  cover  the  duties  of  the  treasurer  treasurer, 
with  respect  to  trust  funds  and  funds  of  retirement  systems 
which  are  in  his  custody  by  virtue  of  his  office,  and  any 
such  funds,  for  the  purposes  of  said  bond,  shall  be  deemed 
to  be  public  funds.  Approved  April  1,  1939. 

An  Act  establishing  in  the  town  of  palmer  represent-  (Jfidj)  \\Q 

ATIVE  TOWN  GOVERNMENT  BY  LIMITED  TOWN  MEETINGS. 

Be  it  enacted,  etc.,  as  follows: 

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

Section  2,  Other  than  the  officers  designated  in  section 
four  as  town  meeting  members  at  large,  the  representative 
town  meeting  membership  shall  in  each  voting  precinct 
consist  of  the  largest  number  divisible  by  three  which  will 
admit  of  a  representation  thereof  in  the  approximate  pro- 
portion which  the  number  of  registered  voters  therein 
bears  to  the  total  number  of  registered  voters  in  the  town, 
and  which  will  cause  the  total  elected  membership  to  be 
as  nearly  two  hundred  and  forty  as  may  be.  The  registered 
voters  in  every  such  precinct  shall,  at  the  first  annual  town 
election  held  after  the  acceptance  of  this  act,  and  the  regis- 
tered voters  of  any  precinct  affected  by  any  revision  of  pre- 
cincts at  the  first  annual  town  election  following  such 
revision,  and  conformably  to  the  laws  relative  to  elections 
not  inconsistent  with  this  act,  elect  by  ballot  the  number  of 


96  Acts,  1939. —Chap.  110. 

registered  voters  in  the  precinct,  other  than  the  officers 
designated  in  section  four  as  town  meeting  members  at 
large,  provided  for  in  the  first  sentence  of  this  section  to  be 
town  meeting  members  of  the  town.  The  first  third,  in  the 
order  of  votes  received,  of  members  so  elected  shall  serve 
three  years,  the  second  third  in  such  order  shall  serve  two 
years,  and  the  remaining  third  in  such  order  shall  serve  one 
year,  from  the  day  of  the  annual  town  meeting.  In  case  of 
a  tie  vote  affecting  the  division  into  thirds,  as  aforesaid,  the 
members  elected  from  the  precinct  shall  by  ballot  deter- 
mine the  same ;  and  thereafter,  except  as  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  va- 
cancy or  vacancies  then  existing  in  the  number  of  elected 
town  meeting  members  in  such  precinct.  The  town  clerk 
shall  after  every  election  of  town  meeting  members  forth- 
with notify  each  such  member  by  mail  of  his  election. 

Section  3.  After  the  acceptance  of  this  act  the  bound- 
aries of  the  precincts  shall  be  reviewed,  and  if  need  be 
wholly  or  partially  revised,  by  the  selectmen  in  December 
once  in  five  years,  or  in  December  of  any  year  when  so 
directed  by  vote  of  a  representative  town  meeting  held  not 
later  than  November  twentieth  of  that  year,  but  no  precinct 
shall  contain  less  than  four  hundred  registered  voters. 

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  office  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  pubfic  place  in  each  precinct  a 
map  or  description  of  that  precinct,  with  the  names  and 
residences  of  the  registered  voters  therein.  Any  revision  of 
the  precincts  shall  take  effect  upon  the  date  of  the  fifing  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  pre- 
cincts. Meetings  of  the  registered  voters  of  the  several 
precincts  for  elections,  for  primaries,  and  for  voting  upon 
any  question  to  be  submitted  to  all  the  registered  voters  of 
the  town,  shall  be  held  on  the  same  day  and  at  the  same 
hour  and  at  such  place  or  places  within  the  town  as  the 
selectmen  shall  in  the  warrant  for  such  meeting  direct.  The 
provisions  of  chapters  fifty  to  fifty-six,  inclusive,  of  the 
General  Laws,  relating  to  precinct  voting  at  elections,  so 
far  as  the  same  are  not  inconsistent  with  this  act,  shall  apply 


Acts,  1939. —Chap.  110.  97 

to  all  elections  and  primaries  in  the  town.  The  terms  of 
office  of  all  elected  town  meeting  members  from  every  pre- 
cinct revised  as  aforesaid  shall  cease  upon  the  election,  as 
herein  provided,  of  their  successors. 

Section  4.  Any  representative  town  meeting  held  under 
the  provisions  of  this  act,  except  as  otherwise  provided 
herein,  shall  be  limited  to  the  elected  town  meeting  members 
elected  under  section  two,  together  with  the  following,  desig- 
nated as  town  meeting  members  at  large,  namely :  —  Any 
member  of  the  general  court  who  is  a  registered  voter  of  the 
town,  the  town  moderator,  the  town  clerk,  the  selectmen, 
the  town  treasurer,  the  town  counsel,  if  a  registered  voter  of 
the  town,  the  town  collector  of  taxes,  the  chairman  of  the 
school  committee,  the  chairman  of  the  board  of  health,  the 
chairman  of  the  board  of  public  welfare,  the  tree  warden, 
the  chairman  of  the  board  of  assessors,  the  chairman  of  the 
finance  committee,  and  the  chairman  of  every  other  board, 
commission  or  committee  established  in  the  town  by  author- 
ity of  the  general  court.  The  secretary  or  clerk  of  each  of 
such  boards,  commissions  and  committees,  or,  if  it  has  no 
secretary  or  clerk,  a  member  thereof,  shall  file  with  the  town 
clerk  a  certificate  of  election  of  its  chairman. 

Any  elected  town  meeting  member  who  becomes  by  ap- 
pointment or  election  one  of  the  officers  designated  as  town 
meeting  members  at  large  shall  upon  such  appointment  or 
election  cease  to  be  an  elected  town  meeting  member. 

Section  5.  The  town  clerk  shall  notify  the  town  meet- 
ing 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  quahfications  of  their  members.  A  majority  of  the  town 
meeting  members  shall  constitute  a  quorum  for  doing  busi- 
ness; but  a  less  number  may  organize  temporarily  and  may 
adjourn  from  time  to  time,  but  no  town  meeting  shall 
adjourn  over  the  date  of  an  election  of  town  meeting  mem- 
bers. All  town  meetings  shall  be  pubHc.  The  town  meeting 
members  as  such  shall  receive  no  compensation.  Subject 
to  such  conditions  as  may  be  determined  from  time  to  time 
by  the  members  of  the  representative  town  meeting,  any 
registered  voter  of  the  town  who  is  not  a  town  meeting 
member  may  speak  at  any  representative  town  meeting, 
but  shall  not  vote.  A  town  meeting  member  may  resign  by 
filing  a  written  resignation  with  the  town  clerk,  and  such 
resignation  shall  take  effect  on  the  date  of  such  filing.  A 
town  meeting  member  who  removes  from  the  town  shall 
cease  to  be  a  town  meeting  member,  and  an  elected  town 
meeting  member  who  removes  from  the  precinct  from 
which  he  was  elected  to  another  precinct  may  serve  only 
until  the  next  annual  town  meeting. 

Section  6.  Nomination  of  candidates  for  town  meeting 
members  to  be  elected  under  this  act  shall  be  made  by 
nomination  papers,  which  shall  bear  no  political  designation, 


98  Acts,  1939. —Chap.  110. 

but  to  the  name  of  a  candidate  for  re-election  may  be  added 
the  words  "candidate  for  re-election".  Nomination  papers 
shall  be  signed  by  not  less  than  ten  voters  of  the  precinct 
in  which  the  candidate  resides,  and  shall  be  filed  with  the 
town  clerk  at  least  ten  days  before  the  election;  provided, 
that  any  town  meeting  member  may  become  a  candidate 
for  re-election  by  giving  written  notice  thereof  to  the  town 
clerk  at  least  thirty  days  before  the  election.  No  nomina- 
tion papers  shall  be  valid  in  respect  to  any  candidate  whose 
written  acceptance  is  not  thereon  or  attached  thereto  when 
filed. 

Section  7.  The  articles  in  the  warrant  for  every  town 
meeting,  so  far  as  they  relate  to  the  election  of  the  modera- 
tor, town  oflftcers  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  deter- 
mined by  the  registered  voters  of  the  town  in  their  respective 
precincts.  All  other  articles  in  the  warrant  for  any  town 
meeting  shall  be  acted  upon  and  determined  exclusively  by 
town  meeting  members  at  a  meeting  to  be  held  at  such  time 
and  place  as  shall  be  set  forth  by  the  selectmen  in  the  war- 
rant for  the  meeting,  subject  to  the  referendum  provided 
by  section  ten. 

Section  8.  A  moderator  shall  be  elected  by  ballot  at 
each  annual  town  meeting,  and  shall  serve  as  moderator  of 
all  town  meetings,  except  as  otherwise  provided  by  law, 
until  a  successor  is  elected  and  qualified.  Nominations  for 
and  election  of  a  moderator  shall  be  as  in  the  case  of  other 
elective  town  officers,  and  any  vacancy  in  the  office  may  be 
filled  by  the  town  meeting  members  at  a  meeting  held  for 
that  purpose.  If  a  moderator  is  absent,  a  moderator  pro 
tempore  may  be  elected  by  the  town  meeting  members. 

Section  9.  Any  vacancy  in  the  full  number  of  town 
meeting  members  from  any  precinct,  whether  arising  from 
a  failure  of  the  registered  voters  thereof  to  elect,  or  from 
any  other  cause,  may  be  filled,  until  the  next  annual  elec- 
tion, by  the  remaining  members  of  the  precinct  from  among 
the  registered  voters  thereof.  Upon  petition  therefor, 
signed  by  not  less  than  ten  town  meeting  members  from  the 
precinct,  notice  of  any  vacancy  shall  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  daj^s  before  the  time 
set  for  the  meeting,  a  notice  specifying  the  object,  time  and 
place  of  the  meeting.  At  the  said  meeting  a  majority  of  the 
members  from  such  precinct  shall  constitute  a  quorum,  and 
they  shall  elect  from  their  own  number  a  chairman  and  a 
clerk.  The  choice  to  fill  any  vacancy  shall  be  by  ballot,  and 
a  majority  of  the  votes  cast  shall  be  required  for  a  choice. 
The  chairman  and  clerk  shall  count  the  ballots  and  shall 
make  a  certificate  of  the  choice  and  forthwith  file  the  same 


Acts,  1939. —Chap.  110. 

with  the  town  clerk,  together  with  a  written  acceptance  by 
the  member  or  members  so  chosen,  who  shall  thereupon  be 
deemed  elected  and  qualified  as  a  town  meeting  member  or 
members,  subject  to  the  right  of  all  the  town  meeting  mem- 
bers to  judge  of  the  election  and  qualifications  of  the  mem- 
bers as  set  forth  in  section  five. 

Section  10.  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  in- 
creasing or  reducing  the  number  of  members  of  a  board,  or 
adopting  a  new  by-law,  or  amending  or  annulling  an  existing 
by-law,  shaH  not  be  operative  until  after  the  expiration  of 
five  days,  exclusive  of  Sundays  and  holidays,  from  the  dis- 
solution 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  fist  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.  The  polls  shall  be  opened  not  later 
than  two  o'clock  in  the  afternoon  and  shall  be  closed  not 
earHer  than  eight  o'clock  in  the  evening,  and  all  votes  upon 
any  questions  so  submitted  shall  be  taken  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  representative  town  meeting  shall  be 
reversed  unless  at  least  twenty  per  cent  of  the  registered 
voters  shall  so  vote.  Each  question  so  submitted  shall  be 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot: —  "Shall  the  town  vote  to  approve 
the  action  of  the  representative  town  meeting  whereby  it 
was  voted  (brief  description  of  the  substance  of  the  vote)?" 
If  such  petition  is  not  filed  within  said  first  mentioned  period 
of  five  days,  the  vote  of  the  representative  town  meeting 
shall  become  operative  and  effective  upon  the  expiration  of 
said  period. 

Section  11.  The  town  of  Palmer,  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  exercise  exclusively,  so  far  as  will  conform 
to  the  provisions  of  this  act,  all  powers  vested  in  the  munici- 
pal corporation.  Action  in  conformity  with  all  provisions 
of  law  now  or  hereafter  applicable  to  the  transaction  of  town 


100  Acts,  1939. —Chap.  111. 

affairs  in  town  meeting,  shall,  when  taken  by  any  representa- 
tive town  meeting  in  accordance  with  the  provisions  of  this 
act,  have  the  same  force  and  effect  as  if  such  action  had  been 
taken  in  a  town  meeting  open  to  all  the  voters  of  the  town 
as  organized  and  conducted  before  the  establishment  in 
said  town  of  representative  town  meeting  government. 

Section  12.  This  act  shall  not  abridge  the  right  of  the 
inhabitants  of  the  town  of  Palmer  to  hold  general  meetings, 
as  secured  to  them  by  the  constitution  of  this  common- 
wealth; 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  13.  This  act  shall  be  submitted  to  the  regis- 
tered voters  of  the  town  of  Palmer  for  acceptance  at  the 
annual  town  meeting  in  the  year  nineteen  hundred  and 
forty.  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  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-nine, 
entitled  'An  Act  establishing  in  the  town  of  Palmer  repre- 
sentative town  government  by  Hmited  town  meetings',  be 
accepted  by  this  town?"  If  accepted  by  a  majority  of  the 
voters  voting  thereon,  this  act  shall  thereupon  take  effect 
for  all  purposes  incidental  to  the  next  annual  town  election 
in  said  town,  and  shall  take  full  effect  beginning  with  said 
election. 

Section  14.  If  this  act  is  rejected  by  the  registered 
voters  of  the  town  of  Palmer  when  first  submitted  to  said 
voters  under  section  thirteen,  it  may  again  be  submitted 
for  acceptance  in  like  manner  from  time  to  time  to  such 
voters  at  any  annual  town  meeting  within  five  years  there- 
after, and,  if  accepted  by  a  majority  of  the  voters  voting 
thereon  at  such  an  election,  shall  thereupon  take  effect  for  all 
purposes  incidental  to  the  next  annual  town  election  in  said 
town,  and  shall  take  full  effect  beginning  with  said  election. 

Approved  April  1,  1939. 


ChapAW  An  Act  providing  that  the  employment  of  certain 

AGENTS  BY  THE  BOARD  OF  CONCILIATION  AND  ARBITRA- 
TION BE  SUBJECT  TO  THE  APPROVAL  OF  THE  COMMISSIONER 
OF   LABOR   AND    INDUSTRIES. 

Be  it  enacted,  etc.,  as  follows: 

Edoi  ilo'i  3,        Section  three  of  chapter  one  hundred  and  fifty  of  the 

etc!,  amended'.    General  Laws,  as  amended  by  section  one  of  chapter  three 

hundred  and  sixty-four  of  the  acts  of  nineteen  hundred  and 

thirty-eight,  is  hereby  further  amended  by  inserting  after 


Acts,  1939. —Chap.  112.  101 

the  word  "board"  in  the  twenty-second  line  the  words:  — 
,  subject  to  the  approval  of  the  commissioner  of  labor  and 
industries,  —  so  as  to  read  as  follows :  —  Section  3.  The  Board  of  con- 
mayor  of  a  city  or  the  selectmen  of  a  town,  having  knowl-  aiburat'ion,'^ 
edge  that  a  strike  or  lockout  is  seriously  threatened  or  has  duties,  etc' 
actually  occurred  therein,  shall  at  once  give  notice  to  the 
board.  Notice  may  be  given  by  the  employer  or  by  the 
employees  concerned  in  the  controversy,  strike  or  lockout. 
When  the  board  has  knowledge  that  a  strike  or  lockout, 
which  involves  an  employer  and  his  present  or  former 
employees,  is  seriously  threatened  or  has  actually  occurred, 
the  board  shall,  as  soon  as  may  be,  communicate  with  such 
'employer  and  employees  and  endeavor  by  mediation  to 
obtain  an  amicable  settlement,  or  endeavor  to  persuade 
them  to  submit  the  controversy  to  a  local  board  of  concili- 
ation and  arbitration  established  under  section  nine  or  to 
the  board.  If  a  settlement  is  not  agreed  upon  and  the 
parties  refuse  to  submit  the  matter  in  dispute  to  arbitration, 
the  board  shall  investigate  the  cause  of  such  controversy 
and  ascertain  which  of  the  parties  thereto  is  mainly  respon- 
sible or  blameworthy  for  the  existence  or  continuance  of 
the  same,  and  shall,  unless  a  settlement  of  the  controversy 
is  reached,  make  and  pubhsh  a  report  finding  such  cause 
and  assigning  such  responsibihty  or  blame.  The  board, 
subject  to  the  approval  of  the  commissioner  of  labor  and 
industries,  may  employ  agents  to  assist  in  said  investigation. 
It  shall,  upon  the  request  of  the  governor,  investigate  and 
report  upon  a  controversy  if  in  his  opinion  it  seriously 
affects  or  threatens  seriously  to  affect  the  public  welfare. 
The  board  shall  have  the  same  powers  for  the  foregoing 
purpose  as  are  given  to  it  by  sections  five  to  eight,  inclusive. 
The  board  shall  by  publication  or  otherwise  inform  em- 
ployers and  employees  of  their  duty  to  give  notice  to  the 
board  before  resorting  to  a  strike  or  lockout  and  of  the  pro- 
visions of  this  chapter  affecting  the  rights  of  employers  and 
employees  relative  to  industrial  disputes. 

Approved  April  4,  1939. 


An  Act  authorizing  the  central  credit  union  fund,  nhn^  1 12 
INC.,  to  become  a  member,  and  to  invest  in  shares,  ^' 

OF  credit  unions  incorporated  under  the  laws  of 

THE    commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  five  of  chapter  one  hundred   and  ^^i^-^^Ter 
seventy-one  of  the  General  Laws,  as  appearing  in  the  Ter-  amended.' 
centenary  Edition,  is  hereby  amended  by  inserting  after 
the  word  "union"  in  the  fourth  fine  the  words: —  ,  or  the 
Central  Credit  Union  Fund,   Inc.   established   by  chapter 
two  hundred  and  sixteen  of  the  acts  of  nineteen  hundred 
and   thirty-two,  —  so   as  to  read   as  follows :  —  Section  5.  Fraternal 
Any  fraternal  organization,  voluntary  association,  partner-  etf.tmTy'""^' 


102 


Acts,  1939. —Chap.  113. 


become  mem- 
bers of  credit 
unions. 


1932,216,  §4, 
amended. 


Central 

Credit 

Union. 


ship  or  corporation,  having  a  usual  place  of  business  within 
the  commonwealth  and  composed  principally  of  individual 
members  or  stockholders  who  are  themselves  ehgible  to 
membership  in  a  credit  union,  or  the  Central  Credit  Union 
Fund,  Inc.  established  by  chapter  two  hundred  and  sixteen 
of  the  acts  of  nineteen  hundred  and  thirty-two,  may  become 
a  member  of  a  credit  union,  but,  except  with  the  consent 
of  the  commissioner,  a  credit  union  shall  make  no  loan  to 
such  a  member  in  excess  of  the  total  of  its  shares  and  deposits 
therein;  nor  shall  a  credit  union  receive  from  any  such 
member  money  in  payment  for  shares  or  on  deposit  to  such 
an  amount  that  the  total  of  such  payments  by  all  members 
of  the  class  described  in  this  section  shall  exceed  at  any  time 
twenty-five  per  cent  of  the  assets  of  the  credit  union. 

Section  2.  Section  four  of  chapter  two  hundred  and 
sixteen  of  the  acts  of  nineteen  hundred  and  thirty-two  is 
hereby  amended  by  adding  at  the  end  the  following :  — 
,  and  in  shares  of  credit  unions  incorporated  under  the  laws 
of  the  commonwealth;  provided,  that  the  investment  in 
the  shares  of  any  such  credit  union  shall  not  exceed  two  per 
cent  of  the  total  outstanding  shares  of  such  credit  union,  — 
so  as  to  read  as  follows:  —  Section  4-  The  corporation  may 
invest  its  funds  in  loans  to  member  credit  unions  in  such 
manner  as  its  by-laws  shall  prescribe  and  may  borrow  money 
for  said  purpose.  It  may  also  invest  its  funds  in  the  funds 
and  securities  which  are  legal  investments  for  savings  banks 
in  this  commonwealth  under  the  provisions  of  subdivisions 
(a),  (6),  (c)  and  (d)  of  clause  Second  of  section  fifty-four  of 
chapter  one  hundred  and  sixty-eight  of  the  General  Laws, 
and  in  deposits  in  trust  companies  or  savings  banks  incor- 
porated under  the  laws  of  this  commonwealth  or  in  national 
banks  located  therein,  and  in  shares  of  credit  unions  incor- 
porated under  the  laws  of  the  commonwealth;  provided, 
that  the  investment  in  the  shares  of  any  such  credit  union 
shall  not  exceed  two  per  cent  of  the  total  outstanding 
shares  of  such  credit  union.  Approved  April  4,  1939. 


Chap. 


113  An  Act  authorizing  the  department  of  public  utilities 
TO  license  the  operation  of  motor  vehicles  for  the 

CARRIAGE    of    PERSONS    FOR     HIRE     OVER     ONE     OR     MORE 
ROUTES  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  utiUties,  upon  ap- 
phcation  by  any  person  or  corporation  holding  licenses,  in 
full  force  and  effect,  granted  by  the  licensing  authorities  of 
the  city  of  Fall  River,  the  towns  of  Somerset  and  Dighton, 
the  city  of  Taunton,  and  the  towns  of  Raynham,  Easton, 
Stoughton,  Canton  and  Milton,  and  by  the  metropohtan 
district  commission,  under  section  one  of  chapter  one  hun- 
dred and  fifty-nine  A  of  the  General  Laws,  or  any  amend- 
ments thereof,  or  under  corresponding  provisions  of  earlier 


Acts,  1939. —Chap.  114.  103 

laws,  covering  a  route  from  the  city  of  Fall  River  to  the 
Boston-Milton  boundary  line,  may  grant  to  such  person  or 
corporation  a  license  to  operate  motor  vehicles  for  the  pur- 
pose set  forth  in  said  section  one  of  chapter  one  hundred 
and  fifty-nine  A  of  the  General  Laws  over  a  route  or  routes 
within  the  city  of  Boston  determined  by  the  department  of 
public  utilities;  and  no  further  license  therefor  shall  be 
required.  Before  granting  such  license,  said  department 
shall  give  a  public  hearing  upon  the  application  therefor, 
after  due  notice  to  the  city  council  of  said  city.  Said  depart- 
ment shall  not  grant  such  license  unless  it  finds  that  public 
necessity  and  convenience  require  that  the  applicant  be 
allowed  to  operate  motor  vehicles  over  such  route  or  routes. 
A  license  granted  hereunder  by  the  said  department  shall 
confer  the  same  rights  and  shall  be  subject  to  the  same  provi- 
sions of  law  as  if  granted  by  the  city  council  of  said  city  under 
said  section  one  of  chapter  one  hundred  and  fifty-nine  A. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1939. 


An  Act  increasing  the  amount  of  credit  for  prior  Chap.  114: 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subsection  (2)  of  section  six  of  chapter  four 
hundred  and  forty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-one  is  hereby  amended  by  striking  out  paragraph  (c) 
and  the  following  paragraph  and  inserting  in  place  thereof 
the  two  following  paragraphs:  — 

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

The  total  pension  of  any  member  payable  under  the  pro- 
visions of  this  section  shall  not,  however,  exceed  one  half 
of  his  average  annual  regular  compensation  during  the  five 
years  immediately  preceding  his  retirement,  nor  shall  the 
total  pension  of  any  member  who  has  fifteen  or  more  years 
of  total  creditable  service  be  less  than  an  amount  which, 
added  to  his  annuity,  shall  make  his  total  retirement  allow- 
ance equal  to  four  hundred  and  eighty  dollars  per  annum; 
provided,  that  in  no  event  the  retirement  allowance  of  any 
member  shall  exceed  two  thirds  of  his  average  annual  regu- 
lar compensation  for  the  five  years  immediately  preceding 
his  retirement. 

Section  2.  Upon  the  acceptance  of  this  act  during  the 
current  year  by  vote  of  the  board  of  aldermen  of  the  city  of 
Chelsea,  subject  to  the  provisions  of  its  charter,  it  shall 


104  Acts,  1939. —Chaps.  115,  116. 

take  full  effect  as  of  January  first,  nineteen  hundred  and 
forty;  otherwise  it  shall  not  take  full  effect. 

Approved  April  5,  1939. 

Chap. 115  An  Act  authorizing  cities  and  towns  to  appropriate 

MONEY  TO  PROVIDE  FACILITIES  FOR  PUBLIC  ENTERTAIN- 
MENT IN  CONNECTION  WITH  THE  NATIONAL  CONVENTION 
OF  THE  AMERICAN  LEGION  IN  THE  YEAR  NINETEEN  HUN- 
DRED AND  FORTY  IN  THE  EVENT  THAT  THE  SAME  IS  HELD 
IN   THE    CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  providing  proper  facilities  for  public 
entertainment  at  the  time  of  the  national  convention  of 
The  American  Legion  during  the  year  nineteen  hundred  and 
forty,  and  of  paying  expenses  incidental  to  such  entertain- 
ment, in  the  event  that  the  same  is  held  in  the  city  of  Bos- 
ton, any  city  or  town  may  appropriate  a  sum  not  exceeding 
one  two  hundredth  of  one  per  cent  of  the  last  preceding 
assessed  valuation  of  the  city  or  town.  Money  so  appro- 
priated shall  be  expended  under  the  direction  of  the  mayor 
of  the  city  or  the  selectmen  of  the  town. 

Approved  April  5,  1939. 


Chap. IIQ  An  Act  providing  that  local  police  authorities  and 

DISTRICT  ATTORNEYS  BE  FURNISHED  WITH  INFORMATION 
RELATIVE  TO  CERTAIN  PERSONS  CHARGED  WITH  OR  CON- 
VICTED OF  SEX  CRIMES,  SO  CALLED,  UPON  THEIR  RELEASE 
OR   DISCHARGE    FROM    CERTAIN    INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Chapter   one   hundred   and   forty-seven   of   the   General 

Sction'4^Br'''^    Laws  is  hereby  amended  by  inserting  after  section  four  A, 
inserted.  g^g  appearing  in  the  Tercentenary  Edition,  the  following  new 

et^'^to  be"'''      section:  —  Section  4B.    Not  less  than  seven  days  before  the 
furnished  cer-     time  sct  for  the  rcleasc  or  discharge  on  parole,  or  otherwise, 


tain  informa- 


tion, upon   '     of  any  person  confined  in  a  penal  or  reformatory  institution 
certain  °*  of  the  comiBonwealth  or  of  any  county  under  sentence  for 

prisoners.  a  violatiou  of  any  provision  of  sections  twenty-two  to  twenty- 

four,  inclusive,  of  chapter  two  hundred  and  sixty-five  or 
of  section  thirty-four  or  thirty-five  of  chapter  two  hundred 
and  seventy-two,  or  of  any  person  confined  in  any  depart- 
ment for  defective  delinquents,  or  in  any  state  hospital,  as 
defined  in  section  one  of  chapter  one  hundred  and  twenty- 
three,  or  in  the  Bridgewater  state  hospital,  who  was  removed 
thereto  after  conviction  of  a  violation  of  any  such  provision 
or  was  committed  thereto  during  the  pendency  of  a  com- 
plaint or  indictment  for  a  violation  of  any  such  provision, 
the  officer  in  charge  of  such  institution,  department  or  hos- 
pital, as  the  case  may  be,  shall  notify  the  commissioner  in 
writing  of  such  intended  release  or  discharge;  provided, 
that  if  any  such  person  is  released  or  discharged  as  aforesaid 


Acts,  1939.  —  Chaps.  117,  118.  105 

under  such  circumstances  that  it  is  not  possible  for  the 
officer  in  charge  to  comply  with  the  foregoing  provision,  he 
shall  so  notify  the  commissioner  as  soon  as  possible  that 
such  person  will  be  or  has  been  released  or  discharged  as 
aforesaid.  Upon  receipt  of  any  such  notice  the  commis- 
sioner shall  furnish  to  the  police  authorities  of  each  city  and 
town,  and  to  each  district  attorney,  within  the  common- 
wealth the  name  of  the  person  referred  to  in  such  notice,  his 
known  aliases,  if  any,  last  known  address,  age,  height  and 
weight,  his  photograph,  copies  of  his  finger  prints,  his  crimi- 
nal history  and  a  list  of  any  institutions  for  the  insane  and 
departments  for  defective  delinquents  in  which  he  has  been 
known  to  have  been  confined,  and  any  other  information 
relating  to  such  person  which  is  in  the  commissioner's  pos- 
session. Approved  April  5,  1939. 

An  Act  authorizing  the  town  of  holliston  to  borrow  Chap.  117 

MONEY  FOR  THE  PURPOSE  OF  INSTALLING  A  NEW  HEATING 
PLANT  IN  ITS  TOWN  HALL  BUILDING  AND  MAKING  NECES- 
SARY  ALTERATIONS    THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  instalHng  a  new  heating 
plant  in  its  town  hall  building  and  making  the  necessary 
alterations  therefor,  the  town  of  Holliston  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  thousand  dollars,  and  may  issue 
bonds  or  notes  therefor,  which  shall  bear  on  their  face  the 
words,  Holliston  Town  Hall  Loan,  Act  of  1939.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  paid  in  not  more  than  seven  years  from  their 
dates.  Indebtedness  incurred  under  this  act  shall  be  within 
the  statutory  Hmit,  but  shall,  except  as  provided  herein,  be 
subject  to  chapter  forty-four  of  the  General  Laws,  exclusive 
of  the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

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

Approved  April  5,  1939. 

An  Act  authorizing  the  city  of  Gardner  to  lease  cer-  (jJiQ^rf  ng 

TAIN   portions  OF  DUNN   PARK  AND  WILD  WOOD   CEMETERY  "" 

IN  SAID  CITY  FOR  LOG  STORAGE  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  provisions  of  this  act,  the 
city  of  Gardner  may  lease  to  the  Northeastern  Timber  Sal- 
vage Administration,  for  periods  not  exceeding  five  years, 
for  log  storage  purposes,  portions  of  Dunn  park,  so  called, 
a  pubhc  park  in  said  city  held  for  playground  purposes, 
including  the  pond  located  within  the  limits  of  said  park, 
and  also  portions  of  Wildwood  cemetery,  so  called,  a  public 


106  Acts,  1939.  —  Chaps.  119,  120. 

cemetery  in  said  city,  including  the  pond  located  within  the 
hmits  of  said  cemetery.  In  leasing  portions  of  said  park  and 
of  said  cemetery  hereunder,  said  city  shall  act  through  the 
commission  having  charge  of  such  park  or  cemetery,  as  the 
case  may  be,  with  the  approval  in  each  instance  of  the  city 
council,  and  each  of  said  commissions  shall  lease  only  so 
much  of  said  property  under  its  charge  as  may  be  deemed 
by  it  to  be  necessary  and  proper  and  for  the  public  interest, 
and  may  impose  such  terms  and  conditions  as  it  may  pre- 
scribe. 

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  April  5,  1939. 

Chap. 119  An    Act    further    increasing    the    authority    of    the 

TRUSTEES  OF  DUMMER  ACADEMY  TO  BORROW  MONEY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  four  hundred  of  the  acts  of  nine- 
teen hundred  and  eight,  as  amended  by  chapter  three  hun- 
dred and  twenty-six  of  the  acts  of  nineteen  hundred  and 
twenty-two,  is  hereby  further  amended  by  striking  out,  in 
the  sixth  hne,  the  word  "forty"  and  inserting  in  place  thereof 
the  words :  —  one  hundred  and  fifty,  —  so  as  to  read  as  fol- 
lows :  —  Section  1 .  The  Trustees  of  Dummer  Academy,  in- 
corporated by  an  act  of  the  general  court  passed  on  the 
third  day  of  October,  seventeen  hundred  and  eighty-two, 
are  hereby  authorized  and  empowered,  for  the  purposes  set 
forth  in  said  act,  to  borrow  money  to  the  amount  of  one 
hundred  and  fifty  thousand  dollars,  and  to  mortgage  its 
real  estate  situated  in  the  town  of  Newbury  as  security  for 
such  loan.  Approved  April  5,  1939. 

Chap.120  An  Act  to  authorize  the  city  of  Cambridge  to  sell 

CERTAIN    REAL    ESTATE    ACQUIRED    IN    CONNECTION    WITH 
ITS   WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Cambridge  may,  by  majority 
vote  of  its  city  council,  approved  by  its  mayor,  sell  and  con- 
vey, upon  such  terms  and  conditions  as  it  may  deem  ex- 
pedient, the  whole  or  any  part  of  a  certain  parcel  of  real 
estate  situated  in  said  city,  which  was  acquired  in  connec- 
tion with  the  water  supply  of  said  city  but  is  no  longer 
needed  for  pubHc  use,  and  which  is  bounded  and  described 
as  follows:  —  Beginning  at  a  point  in  the  southwesterly  line 
of  Huron  avenue  at  its  intersection  with  the  division  line 
between  the  city  of  Cambridge  and  the  town  of  Belmont, 
thence  southeasterly  and  southerly  along  said  southwesterly 
line  of  Huron  avenue  five  hundred  and  seventy  feet  to  a 
point,  thence  westerly  one  hundred  ninety-six  feet  to  an 


Acts,  1939.  —  Chaps.  121,  122.  107 

angle,  thence  southwesterly  one  hundred  and  eighty-one 
feet  to  an  angle,  thence  northwesterly  one  hundred  sixty- 
seven  and  sixty  one-hundredths  feet  to  an  angle,  thence 
northeasterly  one  hundred  sixty-six  and  seventeen  one- 
hundredths  feet  to  an  angle  which  is  in  the  aforementioned 
division  line  between  the  city  of  Cambridge  and  town  of 
Belmont,  thence  northerly  along  said  aforementioned  divi- 
sion line  between  the  city  of  Cambridge  and  the  town  of 
Belmont  two  hundred  thirty-two  and  fifty  one-hundredths 
feet  to  an  angle,  thence  northeasterly  along  said  division 
line  between  the  city  of  Cambridge  and  town  of  Belmont 
ninety-nine  and  fifty  one-hundredths  feet  to  an  angle, 
thence  northwesterly  along  said  division  fine  between  the 
city  of  Cambridge  and  town  of  Belmont  one  hundred  and 
sixty-three  and  eighty  one-hundredths  feet  to  the  point  of 
beginning;  containing  one  hundred  and  thirteen  thousand, 
four  hundred  and  sixty  square  feet.  All  above  measure- 
ments and  area  are  more  or  less. 

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

Approved  April  10,  1939. 

An  Act  eelative  to  the  number  op  members  of  the  (7/7^^  loi 

RESERVE   POLICE   FORCE    IN    THE    CITY    OF    SALEM.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  number  of  members  of  the  reserve  police 
force  in  the  city  of  Salem  shall  not  exceed  twenty-five,  not- 
withstanding the  provisions  of  section  one  of  chapter  one 
hundred  and  fifty-six  of  the  acts  of  eighteen  hundred  and 
ninety-six  relative  to  the  number  of  such  members. 

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,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  April  10,  1939. 

An  Act  relative  to  the  standard  capacity  of  bar-  Qjidj)  122 

RELS  containing  MALT  BEVERAGES  AND  TO  VARIANCES 
AND  TOLERANCES  PERMITTED  IN  RELATION  THERETO. 

Be  it  enacted,  etc.,  as  follows: 

Chapter    ninety-four    of    the    General    Laws    is    hereby  g.  i,.  (Ter. 
amended  by  striking  out  section  one  hundred  and  seventy-  ameAde^d.^  ^^^' 
two,  as  appearing  in  the  Tercentenary  Edition,  and  inserting 
in  place  thereof  the  following:  —  Section  172.     The  barrel  ha?reKnd°' 
shall    contain    thirty-one    and    one    half    gallons    and    the  hogsheads. 
hogshead   two   barrels,  except  that  barrels  containing  malt 
beverages  shall  contain  thirty-one  gallons  and  that  with 
respect    to    such    barrels    and    fractional   parts    thereof    a 
variation  or  tolerance  of  three  per  cent  over  and  under 
the  standard  capacity  shall  be  permitted. 

Approved  April  10,  1939. 


108  Acts,  1939.  —  Chaps.  123,  124. 


Chap. 123  An  Act  relative  to  the  care  and  disposal  of  lands  of 

LOW  VALUE,  FORMERLY  HELD  BY  A  CITY  OR  TOWN  UNDER 
TAX  TITLE,  AFTER  ITS  ACQUISITION  OF  THE  ABSOLUTE  TITLE 
TO   SUCH   LANDS   THROUGH   A   SALE   THEREOF. 

^r'^^mbk*'^  TFAereas,    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: 

Chapter  three  hundred  and  fifty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-eight  is  hereby  amended  by  strik- 
ing out  section  one  and  inserting  in  place  thereof  the  fol- 
lowing :  —  Section  1 .  The  mayor  of  any  city  or  the  selectmen 
of  any  town  which  holds  property  acquired  by  foreclosure 
of  tax  titles  or  acquired  under  section  eighty  of  chapter  sixty 
of  the  General  Laws  may  appoint  a  custodian  who  shall 
have,  while  this  act  remains  in  effect,  the  care,  custody, 
management  and  control  of  all  property  so  acquired  by 
said  city  or  town,  whether  acquired  before  or  after  his 
appointment,  or  before  or  after  the  effective  date  of  this 
act.  The  custodian  shall  serve  during  the  pleasure  of  the 
mayor  or  selectmen  and  shall  receive  as  his  compensation, 
if  any,  a  sum  fixed  by  the  mayor  or  by  the  board  of  select- 
men. Approved  April  14,  1939. 


Chap.l24i  An  Act  relative  to  the  furnishing  of  information 

CONCERNING  UNCLAIMED  DEPOSITS  IN  TRUST  COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Ed\  m,"^!  31,      Section  thirty-one  of  chapter  one  hundred  and  seventy- 
etc, 'amended. '  two  of  the  General  Laws,  as  amended  by  section  eighteen 
of  chapter  three  hundred  and  forty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  is  hereby  further  amended 
by  inserting  after  the  word  "sections"  in  the  twenty-fifth 
line  the  word :  —  twenty-seven,  —  so  that  the  last  sentence 
Unclaimed        will  read   as  follows :  —  The   provisions   of  section   thirty- 
trlfsr'*^/"         four  of  chapter  one  hundred  and  sixty-eight  relative  to  de- 
informatlon       posits  iu  trust  iu  saviugs  bauks  and  of  sections  twenty-seven, 
relative  to.        forty-two  and  forty-three  of  said  chapter  apphcable  to  un- 
claimed deposits  in  savings  banlcs  shall  apply  in  all  respects 
to  similar  deposits  in  trust  or  unclaimed  deposits  in  all  de- 
partments of  trust  companies. 

Approved  April  14,  1939. 


Acts,  1939.  —  Chaps.  125,  126.  109 

An  Act  exempting  orders  for  payment  of  subscrip-  (JfiQj)  125 

TIONS  TO  NON-PROFIT  HOSPITAL  SERVICE  CORPORATIONS 
FROM  THE  OPERATION  OF  THE  LAWS  REGULATING  ASSIGN- 
MENTS  OF   WAGES. 

Be  it  enacted,  etc.,  as  follows: 

Section  eight  of  chapter  one  hundred  and  fifty-four  of  the  g.  l.  (Ter. 
General    Laws,  inserted   therein   by   chapter  ninety-six  of  ^t'^'anfenJed 
the  acts  of  nineteen  hundred  and  thirty-three,  is  hereby 
amended  by  inserting  after  the  word  "obHgations"  in  the 
third  and  fourth  Hnes  the  words: — ,  or  subscriptions  to 
a  non-profit  hospital  service  corporation  established  under 
chapter  one  hundred  and  seventy-six  A,  —  so  as  to  read  as 
follows :  —  Section  8.    None  of  the  foregoing  sections  of  this  Exemption  of 
chapter  shall  be  apphcable  to  or  control  or  prohibit  the  de-  fe^ain 

1       -•  c  1    1  ,1  •  CI  IT,-  subscriptions, 

duction  01  labor  or  trade  union  or  crait  dues  or  obligations,  etc.,  from 
or  subscriptions  to  a  non-profit  hospital  service  corporation  wagls"rw.^  °^ 
established  under  chapter  one  hundred  and  seventy-six  A, 
from  wages  of  an  employee  by  an  employer  in  accordance 
with  a  written  request  made  by  the  individual  employee. 

Approved  April  14,  1939. 

An  Act  relative  to  the  powers  of  the  general  elec-  C/iaX'.126 

TRIG   MUTUAL   BENEFIT   ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  fifty-one  of  the 
acts  of  nineteen  hundred  and  twenty  is  hereby  amended  by 
striking  out  section  two  and  inserting  in  place  thereof  the 
following:  —  Section  2.  The  said  association  may  afford  re- 
lief to  its  members  for  disability  caused  by  sickness  or  acci- 
dent, not  exceeding  eighteen  dollars  a  week  or  two  hundred 
and  fifty-two  dollars  in  any  twelve  consecutive  months,  and 
may  pay  death  or  funeral  benefits  not  exceeding  three  hun- 
dred dollars  in  any  one  case,  but  except  as  aforesaid,  shall 
not  engage  in  the  business  of  insurance.  Only  employees  of 
the  General  Electric  Company  shall  be  eligible  for  member- 
ship in  the  said  association. 

Section  2.  Section  three  of  said  chapter  one  hundred 
and  fifty-one,  added  by  chapter  one  hundred  and  twenty- 
six  of  the  acts  of  nineteen  hundred  and  twenty-eight,  is 
hereby  amended  by  striking  out,  in  the  fourth  line,  the 
word  "three"  and  inserting  in  place  thereof  the  word:  — 
four,  —  so  as  to  read  as  follows :  —  Section  3.  In  addition 
to  the  relief  and  benefits  provided  for  by  section  two,  said 
association  may  pay  for  the  hospital  care  of  a  disabled  mem- 
ber requiring  and  receiving  such  care  not  more  than  four 
dollars  for  each  day,  not  exceeding  twenty-one  days  in  any 
twelve  consecutive  months,  that  such  member  is  in  a  hos- 
pital, subject,  however,  to  such  conditions  and  limitations 
as  may  be  fixed  by  the  by-laws  of  said  association. 

Approved  April  I4,  1939. 


110  Acts,  1939. —Chaps.  127,  128,  129. 


Chap. 121  An  Act  prohibiting  local  boards  of  public  welfare 

FROM  MAKING  THE  INSTITUTION  OF  EJECTMENT  PROCEED- 
INGS A  PREREQUISITE  TO  THE  PAYMENT  BY  THEM  OF  RENT 
OWED  FOR  DWELLINGS  BY  CERTAIN  PERSONS  ON  WELFARE 
RELIEF. 

Be  it  enacted,  etc.,  as  follows: 
2:^  V  Ifr "";  Chapter  one  hundred  and  seventeen  of  the  General  Laws 

tjd.),  117,  new     .11  iii.  .  c  .1  1. 

section  3B,        IS  hereby  amended  by  inserting  after  section  three  A,  in- 

inserted.  sertcd  therein  by  chapter  two  hundred  and  seventy-seven 

of  the  acts  of  nineteen  hundred  and  thirty-seven,  the  fol- 

femfby^focai     lowing   new   section:  —  Section  SB.      No    board    of   pubhc 

""ubikf welfare    "^^^^^^^  ^^^^^  make  the  institution  of  proceedings  by  the 

fe^guiated.  ^'^'^    landlord  to  recover  possession  of  a  dwelling  a  prerequisite 

to  the  payment  by  it  of  the  rent  owed  for  the  use  thereof 

by  a  person  to  whom  welfare  relief  has  been  granted  by  such 

board  for  not  less  than  two  consecutive  weeks  immediately 

prior  to  action  by  it  relative  to  such  payment. 

Approved  April  I4,  1939. 

Chap.  128  An  Act  relative  to  residential  qualifications  of  the 

TRUSTEES  OF  THE  COOLEY  DICKINSON  HOSPITAL  IN  THE 
CITY   OF  NORTHAMPTON. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  acts  of  eighteen 
hundred  and  eighty-five  is  hereby  amended  by  striking  out 
section  three,  as  most  recently  amended  by  chapter  ninety- 
nine  of  the  acts  of  nineteen  hundred  and  twenty-five,  and 
inserting  in  place  thereof  the  following  section :  —  Section  3. 
The  number  of  the  trustees  of  said  corporation  shall  never 
exceed  twenty-one;  and  said  corporation  may  at  any  legal 
meeting  elect  by  ballot  any  inhabitant  of  any  municipality 
in  Hampshire  county  or  of  the  town  of  Whately  in  Franklin 
county  to  be  a  member  thereof.  No  person  shall  continue 
a  member  of  said  corporation  after  ceasing  to  be  an  inhabit- 
ant of  a  municipahty  in  Hampshire  county  or  of  said  town 
of  Whately.  Approved  April  I4,  1939. 

Chap.  129  An  Act  providing  that  auditors  in  towns  may  be  elected 

FOR  TERMS  OF  THREE  YEARS  AS  WELL  AS  FOR  TERMS  OF 
ONE  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Edo.iiili,  Section  one  of  chapter  forty-one  of  the  General  Laws, 
etc.,  amended,  as  amended,  is  hereby  further  amended  by  striking  out  the 
paragraph  contained  in  the  fifteenth  and  sixteenth  lines, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  paragraph :  — 
Town  auditors,  Q^^  qj,  three  auditors  for  the  term  of  one  or  three  years, 
except  where  such  oSice  is  abolished  as  provided  in  section 
fifty-five.  Approved  April  I4,  1939. 


Acts,  1939.  —  Chaps.  130,  131.  Ill 


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

A  CERTAIN  CLAIM  LEGALLY  UNENFORCEABLE  BY  REASON 
OF  ITS  FAILURE  TO  COMPLY  WITH  CERTAIN  PROVISIONS  OF 
ITS   BY-LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Framingham  is  hereby  author- 
ized to  expend  a  sum  of  money,  not  exceeding  two  thou- 
sand two  hundred  and  thirty-five  dollars  and  seventy-six 
cents,  in  the  payment  and  discharge  of  a  certain  claim  of 
J.  Emery  Guertin  for  electrical  work  and  material  furnished 
by  him  in  connection  with  the  new  driven  wells  of  said 
town  located  off  Birch  road  therein;  said  claim  being  legally 
unenforceable  against  said  town  l3y  reason  of  its  failure 
to  comply  with  the  provisions  of  its  by-laws  requiring  ad- 
vertising prior  to  the  awarding  of  a  contract  involving  the 
expenditure  of  five  hundred  dollars  or  more. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Framingham  during  the  current 
year  at  any  town  meeting  called  for  the  purpose,  but  .not 
otherwise.  Approved  April  14,  1939. 


An  Act  relative  to  the  disposition  of  the  accumu-  Qhnq<)  iqi 
lated  deductions  of  deceased  members  of  the  boston         ^' 
retirement  system,  so  called,  in  certain  cases. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  five  hundred  and  twenty-one  of  the 
acts  of  nineteen  hundred  and  twenty-two,  as  amended,  is 
hereby  further  amended  by  inserting  after  section  sixteen 
the  following  new  section:  —  Section  16 A.  Any  sum  of 
money  otherwise  payable  to  the  legal  representative  of  a 
deceased  member  under  section  sixteen  shall  be  paid,  sub- 
ject to  the  following  conditions,  to  the  beneficiary  or  bene- 
ficiaries nominated  as  hereinafter  provided,  if  any,  surviving 
at  the  death  of  such  member,  as  appearing  in  the  records  of 
the  retirement  board,  hereinafter  called  the  board,  at  his 
death,  and  such  payments  shall  bar  the  recovery  by  any 
other  person  of  such  sum.  Any  member,  by  a  written  instru- 
ment duly  executed  by  him  and  filed  with  the  board,  prior 
to  his  death,  upon  a  form  furnished  by  the  board,  may 
nominate,  and  from  time  to  time  may  change,  one  or  more 
beneficiaries  to  receive,  in  designated  proportion  but  not  in 
the  alternative,  any  such  sum;  provided,  that  only  the  wife, 
husband  and  kindred  of  such  member  shall  be  eligible  to  be 
nominated  as  his  beneficiary  or  beneficiaries.  The  sum 
which  would  have  been  paid  hereunder  to  any  beneficiary 
if  he  had  survived  such  member  shall  be  paid  to  the  legal 
representative  of  such  member,  subject  to  the  conditions 
hereinafter  set  forth  in  this  section.  Any  question  arising 
hereunder  as  to  survivorship  shall  be  finally  determined  by 


112  Acts,  1939.  —  Chaps.  132,  133. 

the  board.  If  any  sum  otherwise  payable  hereunder  or  under 
section  sixteen  to  the  legal  representative  of  a  member  does 
not  exceed  three  hundred  dollars,  and  if  there  has  been  no 
demand  upon  the  board  for  payment  of  such  sum  by  a  duly 
appointed  executor  or  administrator  of  the  estate  of  such 
member,  and  the  board  has  not  otherwise  been  informed 
that  probate  proceedings  relative  to  such  estate  have  been 
commenced,  such  sum  may  be  paid,  after  the  expiration  of 
three  months  from  the  date  of  death  of  such  member,  to  the 
persons  appearing  in  the  judgment  of  the  board  to  be  en- 
titled thereto,  and  such  payments  shall  bar  recovery  by  any 
other  person. 

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  I4,  1939. 


Chap. 1S2  An  Act  establishing  the  heath  hen  reservation  on 

THE    ISLAND    OF    MARTHA's    VINEYARD    AS    A    PART    OF    THE 

Martha's  vineyard  state  forest. 

Be  it  enacted,  etc.,  as  follows: 

The  area  of  land  comprising  six  hundred  and  one  acres, 
more  or  less,  on  the  island  of  Martha's  Vineyard,  acquired 
under  and  for  the  purposes  of  chapter  five  hundred  and  four 
of  the  acts  of  nineteen  hundred  and  seven  and  known  as 
Heath  Hen  Reservation,  together  with  the  buildings  on  said 
land,  shall  hereafter  be  a  state  forest  as  if  originally  acquired 
for  that  purpose,  and  shall  be  a  part  of  the  Martha's  Vine- 
yard State  Forest,  so  called.        Approved  April  I4,  1939. 

C hap. ISS  An  Act  providing  that  certain  general  or  blanket 
insurance  policies  issued  to  employers  may  also 
include  certain  benefits  in  favor  of  dependents  of 
employees  insured  thereunder. 

Be  it  enacted,  etc.,  as  follows: 

%d]'iJrfino       Section  one  hundred  and  ten  of  chapter  one  hundred  and 


ameAded!  '  sevcuty-five  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  adding  at  the  end 
the  following  new  sentence :  —  Such  a  policy  issued  to  an 
employer  may  also  insure  dependents  of  employees  insured 

dependelus.  thercuuder,  in  respect  to  medical,  surgical  and  hospital 
expenses.  Approved  April  I4,  1939. 


Certain 
policies  may 
he  extended 


Acts,  1939.  —  Chaps.  134,  135.  113 


An  Act  relative  to  certain  lines,  poles  and  other  Chap. 134: 

EQUIPMENT  OF  NORTON  POWER  &  ELECTRIC  COMPANY,  OF 
ATTLEBORO  STEAM  AND  ELECTRIC  COMPANY,  OF  UNION 
LIGHT  &  POWER  COMPANY,  AND  OF  THE  NEW  ENGLAND 
TELEPHONE  AND  TELEGRAPH  COMPANY  OF  MASSACHUSETTS, 
IN  THE  TOWNS  OF  BELLINGHAM,  FOXBOROUGH,  FRANKLIN, 
NORTON,  PLAINVILLE,  REHOBOTH,  SEEKONK,  AND  WREN- 
THAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  lines  for  the  transmission  of  electricity 
for  light,  heat  or  power  heretofore  acquired  or  constructed 
by  Norton  Power  &  Electric  Company  in  the  town  of  Nor- 
ton, by  Attleboro  Steam  and  Electric  Company  in  the 
towns  of  Rehoboth  and  Seekonk,  and  by  Union  Light  & 
Power  Company  in  the  towns  of  Belhngham,  Foxborough, 
Franklin,  Plainville  and  Wrentham,  and  all  lines  for  the 
transmission  of  intelligence  by  electricity  heretofore  ac- 
quired or  constructed  by  The  New  England  Telephone  and 
Telegraph  Company  of  Massachusetts  in  any  of  the  said 
towns,  upon,  along,  over  or  under  the  public  ways  and 
places  of  said  towns,  or  any  of  them,  and  the  poles,  piers, 
abutments,  conduits  and  other  fixtures  necessary  to  sustain 
or  protect  the  wires  of  said  lines,  and  in  actual  use  on  the 
effective  date  of  this  act,  are  hereby  made  lawful  notwith- 
standing the  lack  of  any  valid  locations  therefor  or  any  in- 
formality in  the  proceedings  relative  to  their  location  and 
erection;  provided,  that  the  validation  aforesaid  shall  not 
be  effective  as  to  the  lines,  structures  or  fixtures  aforesaid 
of  any  such  company  in  any  of  such  towns  unless  such  com- 
pany shall,  not  later  than  December  first,  nineteen  hundred 
and  forty,  file  with  the  clerks  of  such  towns  a  map  or  maps 
showing  in  detail  the  location  and  nature  of  the  said  lines, 
structures  and  fixtures  in  such  towns;  such  map  or  maps 
to  be  recorded  and  kept  with  the  records  of  original  locations 
for  poles  and  wires  in  said  towns. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  April  15,  1939. 

An  Act  authorizing  the  city  of  beverly  to  compensate  Chav.l^^ 

THE    members    of   ITS    BOARD    OF   ALDERMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirteen  of  chapter  five  hundred  and 
forty-two  of  the  acts  of  nineteen  hundred  and  ten  is  hereby 
amended  by  striking  out  the  second  sentence  and  inserting 
in  place  thereof  the  following :  —  Its  members  shall  receive 
in  full  compensation  for  their  services  as  members  of  the 
board  of  aldermen,  or  of  any  committee  thereof,  such  salary 
as  may  be  established  by  ordinance,  but  not  exceeding  three 
hundred  dollars  per  annum  for  each  member,  —  so  as  to 
read  as  follows:  —  Section  13.    The  board  of  aldermen  shall, 


114  Acts,  1939.  —  Chap.  136. 

so  far  as  is  consistent  with  this  act,  have  and  exercise  all  the 
legislative  power  of  towns  and  of  the  inhabitants  thereof, 
and  shall  have  and  exercise  all  the  powers  now  vested  by 
law  in  the  city  of  Beverly  and  in  the  inhabitants  thereof  as 
a  municipal  corporation,  and  shall  have  all  the  powers  and 
be  subject  to  all  the  liabihties  of  city  councils  and  of  either 
branch  thereof,  and  it  may  by  ordinance  prescribe  the  man- 
ner in  which  such  powers  shall  be  exercised.  Its  members 
shall  receive  in  full  compensation  for  their  services  as  mem- 
bers of  the  board  of  aldermen,  or  of  any  committee  thereof, 
such  salary  as  may  be  established  by  ordinance,  but  not 
exceeding  three  hundred  dollars  per  annum  for  each  member. 
Sessions  of  the  board  whether  as  a  board  of  aldermen  or  as 
a  committee  of  the  whole  shall  be  open  to  the  public,  and  a 
journal  of  its  proceedings  shall  be  kept,  which  journal  shall 
be  subject  to  public  inspection.  The  vote  of  the  board  upon 
any  question  shall  be  taken  by  roll  call  when  the  same  is 
requested  by  at  least  three  members.  Nothing  herein  shall 
prevent  the  board,  by  special  vote,  from  holding  private 
sittings  for  the  consideration  of  nominations  by  the  mayor. 
Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Beverly  at  the  biennial 
state  election  in  the  year  nineteen  hundred  and  forty  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  nine- 
teen hundred  and  thirty-nine,  entitled  'An  Act  authorizing 
the  city  of  Beverly  to  compensate  the  members  of  its  board 
of  aldermen',  be  accepted?"  If  a  majority  of  the  votes  cast 
on  said  question  is  in  the  affirmative,  this  act  shall  take  full 
effect  on  January  first,  nineteen  hundred  and  forty-one, 
otherwise  it  shall  have  no  effect. 

Approved  April  15,  1939. 

Chap.lSQ  An  Act  to  provide  for  the  control  of  the  dutch  elm 

DISEASE. 

Be  it  enacted,  etc.,  as  follows: 

Ed.K  iss.'^new        Chapter  one  hundred  and  twenty-eight  of  the  General 
section  24A,       Laws  is  hereby  amended  by  inserting  after  section  twenty- 

inser'"-^  -         -    -- 


**"  ■  four,  as  appearing  in  the  Tercentenary  Edition,  the  follow- 

D°'tch°E'ini        ^"S   new   section:  —  Section   2I^A.     If   the   director,    either 
disease.  personally  or  through  his  assistants,  in  the  exercise  of  his 

duties  finds  on  public  or  private  property  trees  or  parts 
thereof  of  the  genus  Ulmus  (Elm)  infected  with,  or  likely 
to  become  infected  wdth,  the  causal  fungus  of  the  Dutch 
Elm  Disease,  so  called,  or  infested  with,  or  likely  to  become 
infested  with,  insects  known  or  suspected  to  be  carriers  of 
said  disease,  he  may  destroy,  or  cause  to  be  destroyed,  such 
trees  or  parts  thereof.  He  may  employ  for  this  purpose  all 
necessary  assistants,  who  may  enter  upon  public  or  private 
property,  in  the  performance  of  their  duties,  if  such  entry  is 
necessary  for  this  purpose.  Approved  April  15,  1939. 


Acts,  1939. —Chaps.  137,  138,  139.  115 


An  Act  relative  to  membership  in  the  Massachusetts  Chap. 137 

POLICE   MUTUAL   AID   ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  forty-six  of  the  acts  of  nineteen 
hundred  and  five  is  hereby  amended  by  striking  out  section 
two,  as  amended  by  chapter  two  hundred  and  ninety-five 
of  the  acts  of  nineteen  hundred  and  ten,  and  inserting  in 
place  thereof  the  following  section :  —  Section  2.  Any  police 
officer  in  the  cities  and  towns  of  the  commonwealth,  includ- 
ing in  such  term  members  of  the  police  force  of  the  metro- 
politan district  commission,  and  hearings  officers,  supervis- 
ing inspectors  with  power  to  hold  hearings,  investigators 
and  examiners  appointed  under  section  twenty-nine  of 
chapter  ninety  of  the  General  Laws  and  serving  in  the 
department  of  public  works,  and  all  others  entitled  to  mem- 
bership in  the  Massachusetts  Pohce  Association  who  are 
subject  to  the  provisions  of  the  civil  service  laws,  rules  and 
regulations,  except  police  officers  of  the  city  of  Boston,  shall 
be  eligible  to  membership  in  the  corporation  hereby  created. 

Approved  April  15,  1939. 

An  Act  relative  to  the  granting  of  permits  to  trans-  Qhn^  i  qq 

ACT   the   retail   DRUG   BUSINESS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-nine  of  chapter  one  hundred  and  twelve  of  g^i-  jT|r   ^^ 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  amended.' 
is  hereby  amended  by  striking  out,  in  the  first  line,  the  word 
"shall"  and  inserting  in  place  thereof  the  word:  —  may,  — 
so  as  to  read  as  follows :  —  Section  39.     The  board  may.  Registration, 


permits,  fee, 
etc. 


upon  application  made  in  such  manner  and  form  as  it  shall 
determine,  register  a  store  for  the  transaction  of  the  retail 
drug  business  and  issue  to  such  person  as  it  deems  qualified 
to  conduct  such  store,  a  permit  to  keep  it  open;  but  no  such 
registration  shall  be  made  or  permit  issued  in  the  case  of  a 
corporation  unless  it  shall  appear  to  the  satisfaction  of  the 
board  that  the  management  of  the  drug  business  in  such 
store  is  in  the  hands  of  a  registered  pharmacist.  Such  per- 
mit shall  expire  on  January  first  following  the  date  of  its 
issue,  and  the  fee  therefor  shall  be  five  dollars. 

Approved  April  15,  1939. 

An  Act  relative  to  membership  in  certain  fraternal  (7/^^^)  139 

BENEFIT   societies.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  one  hundred  and  seventy-six  of  g.  l.  (Ter 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  amended.' 
is  hereby  amended  by  inserting  after  the  word  "designa- 
tion" in  the  ninth  line  the  words:  — ,  and  their  respective 


116  Acts,  1939.  —  Chaps.  140,  141. 

husbands  and  wives,  irrespective  of  racial  extraction,  —  so 
Membership  as  to  read  as  follows:  —  Section  4-  A  corporation  which 
fmternaWene-  Hmits  its  membership  to  the  members  of  a  particular  fra- 
fit  societies.  temal  beneficiary  corporation,  fraternity  or  religious  de- 
nomination, or  to  the  graduates  of  a  designated  professional 
or  vocational  school,  or  to  the  employees  or  ex-employees  of 
cities  or  towns  or  of  the  commonwealth  or  of  the  federal 
government,  or  to  the  employees  or  ex-employees  of  a  desig- 
nated firm,  business  house  or  corporation,  or  of  any  depart- 
ment of  a  designated  firm,  business  house  or  corporation,  or 
to  persons  of  the  same  foreign  extraction  retaining  common 
national  interests  and  designation,  and  their  respective  hus- 
bands and  wives,  irrespective  of  racial  extraction,  or  to  per- 
sons of  the  same  occupation,  may  be  on  the  lodge  system, 
and  if  not  on  the  lodge  s^^stem  shall  be  governed  by  a  direct 
vote  of  its  members  without  the  lodge  system.  A  corpora- 
tion not  so  limiting  its  membership  shall  be  on  the  lodge 
system,  with  a  representative  form  of  government  as  defined 
in  sections  two  and  three.  Approved  April  17,  1939. 

Chap. 14iO  An  Act  relative  to  the  fixing  of  local  tax  rates  for 

THE    CURRENT   YEAR. 

prTambie?^  Whcretts,  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: 

Each  city  and  town  for  which  a  tax  rate  has  not  been 
fixed  for  the  current  year  shall  postpone  the  fixing  of  such 
rate,  pending  further  action  by  the  general  court.  Any  city 
or  town  which  has  fixed  its  tax  rate  for  said  year  is  hereby 
authorized  to  reconsider  and  rescind  such  action. 

Approved  April  18,  1939. 

Chap. 14:1  An  Act  relative  to  the  laying  out  and  construction 

OF  FOX  ROAD  IN  THE  TOWN  OF  WAKEFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  laying  out  by  the  board  of  selectmen  of 
the  town  of  Wakefield  of  the  town  way  known  as  Fox  road, 
the  acceptance  of  such  laying  out  by  said  town  at  a  meeting 
of  the  inhabitants  held  on  DecemlDer  ninth,  nineteen  hun- 
dred and  thirty-five,  and  the  taking  by  eminent  domain  by 
said  board  of  selectmen  of  an  easement  in  the  land  within 
the  limits  of  said  way  are  hereby  ratified  and  confirmed  and 
made  valid  for  all  purposes;  provided,  that  said  board  of 
selectmen,  within  thirty  days  after  the  effective  date  of  this 
act,  shall  comply  with  the  provisions  of  section  foiu"  of  chap- 
ter seventy-nine  of  the  General  Laws  with  respect  to  the 
land  of  any  registered  owner  or  any  right  or  interest  therein, 
included  in  such  taking. 


Acts,  1939. —  Chaps.  142,  143.  117 

Section  2.  Any  person  injured  in  his  property  by  the 
laying  out  of  said  way  or  the  taking  of  said  easement  may 
recover  from  said  town  the  damages  thereby  caused,  under 
the  provisions  of  chapter  seventy-nine  of  the  General  Laws, 
unless  he  has  already  waived  or  released,  or  agreed  with 
said  town  to  waive  or  release,  his  claim  therefor.  The  right 
to  such  damages  shall  vest  upon  the  filing  for  registration  of 
a  description  of  the  registered  land  any  right  or  interest  in 
which  has  been  taken  for  said  way,  as  provided  in  section 
one,  there  being  no  unregistered  land  affected  by  said  lay- 
ing out  and  taking. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 
Approved  April  21,  1939. 

An  Act  relative  to  the  filling  of  vacancies  in  the  Qfidj)  ^42 

SCHOOL   committee   OF   THE    CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  three  hundred  and 
forty-nine  of  the  acts  of  nineteen  hundred  and  five,  as 
amended  by  section  one  of  chapter  three  hundred  and  sixty- 
six  of  the  acts  of  nineteen  hundred  and  thirty-seven,  is 
hereby  further  amended  by  striking  out  the  last  sentence,  as 
appearing  in  said  chapter  three  hundred  and  sixty-six. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  April  21,  1939. 

An  Act  to  provide  for  the  construction  and  mainte-  njid^  143 

nance    of   an   underpass   for   school    CHILDREN   UNDER  ^* 

BROAD   STREET,    LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn,  by  its  city  council,  may 
construct  and  thereafter  maintain,  in  connection  with  and 
for  the  use  of  children  and  others  attending  the  Dexter 
Street  Elementary  School,  an  underpass  from  a  point  or 
points  at  the  junction  of  Silsbee  and  Broad  streets  or  within 
five  hundred  feet  therefrom,  through,  on  and  under  Broad 
street,  a  public  way  in  said  city,  to  a  point  or  points  at  the 
junction  of  Newhall  and  Broad  streets  or  within  five  hundred 
feet  therefrom,  together  with  approacfies,  entrances,  connec- 
tions, structures  and  appurtenances. 

Section  2.  Said  city  of  Lynn  may,  for  the  purposes  of 
this  act,  use  Broad  street  without  compensation  therefor 
and  may,  by  its  city  council,  order  the  temporary  or  per- 
manent removal  or  relocation  of  any  conduits,  pipes,  wires, 
poles  or  other  property  of  any  person  or  corporation,,  which 
it  deems  to  interfere  with  the  construction  or  maintenance 
of  the  underpass,  and  shall  grant  new  locations  for  any  such 
conduits,  pipes,  wires,  poles  or  other  property  so  removed 
or  relocated.  Such  orders,  to  the  extent  specified  therein, 
shall  be  deemed  a  revocation  of  the  right  or  license  to  main- 


118 


Acts,  1939.  —  Chap.  144. 


tain  such  conduits,  pipes,  wires,  poles  or  other  property, 
and  the  owner  of  any  such  conduits,  pipes,  wires,  poles  or 
other  property  in  said  Broad  street  shall  comply  with  such 
orders  without  expense  to  the  city,  except  that  the  city  shall 
bear  all  the  expense  for  the  compliance  with  any  such  order 
relative  to  the  relocation  of  the  water  main  of  the  metro- 
politan district  commission.  If  such  owner  shall  fail  to 
comply  with  the  order  of  the  city  council  within  a  reason- 
able time,  to  be  fixed  in  the  order,  the  city  of  Lynn  may  dis- 
continue and  remove  such  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  damages  on  account  thereof.  The  Lynn 
Gas  and  Electric  Company  may  shut  off  the  gas  from  any 
pipes  affected  by  any  acts  done  hereunder,  when  and  so 
far  as  it  may  be  necessary  to  avoid  danger  of  escape  or  ex- 
plosion of  gas. 

Section  3.  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  April  21,  1939. 


Chap. 14:4:  An  Act  authorizing  regularly  organized  chapters  of 

THE  YANKEE  DIVISION  VETERANS'  ASSOCIATION  TO  DRILL 
AND  PARADE  WITH  FIREARMS  IN  PUBLIC,  AND  PENALIZING 
THE  UNAUTHORIZED  USE  OF  INSIGNIA  OF  SAID  ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty  of  chapter  thirty-three  of  the 
General  Laws,  as  most  recently  amended  by  chapter  one 
hundred  and  twenty  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  inserting  after  the 
word  "League"  in  the  thirty-sixth  line  the  words: —  ,  and 
regularly  organized  chapters  of  the  Yankee  Division  Vet- 
erans' Association,  —  so  as  to  read  as  follows :  —  Section  60. 
No  body  of  men,  except  the  volunteer  militia,  the  troops  of 
the  United  States  and  the  Ancient  and  Honorable  Artillery 
Company  of  Boston,  except  as  provided  in  the  following 
section,  shall  maintain  an  armory,  or  associate  together  at 
any  time  as  a  company  or  organization,  for  drill  or  parade 
with  firearms,  or  so  drill  or  parade;  nor  shall  any  town  raise 
or  appropriate  money  toward  arming,  equipping,  uniform- 
ing, supporting  or  providing  drill  rooms  or  armories  for  any 
such  body  of  men;  provided,  that  associations  wholly  com- 
posed of  soldiers  honorably  discharged  from  the  service  of 
the  United  States  may  parade  in  public  with  arms,  upon 
the  reception  of  any  regiment  or  company  of  soldiers  return- 
ing from  said  service,  and  for  escort  duty  at  the  burial  of 
deceased  soldiers,  with  the  written  permission  of  the  alder- 
men of  the  city  or  selectmen  of  the  town  where  they  desire 


G.  L.  (Ter. 
Ed.),  33.  §  60, 
etc.,  amended. 


Unauthorized 
drilling  with 
firearms,  etc., 
forbidden. 


Acts,  1939. —Chap.  144.  119 

to  parade;  that  students  in  educational  institutions  where 
military  science  is  a  prescribed  part  of  the  course  of  instruc- 
tion may,  with  the  consent  of  the  governor,  drill  and  parade 
with  firearms  in  public,  under  the  superintendence  of  their 
teachers;  that  members  of  schools  for  military  instruction 
conducted  with  the  approval  of  the  governor,  may  drill 
and  parade  with  firearms  in  public,  under  the  supervision 
of  their  instructors;  that  foreign  troops  whose  admission  to 
the  United  States  has  been  consented  to  by  the  United 
States  government  may,  with  the  consent  of  the  governor, 
drill  and  parade  with  firearms  in  public;  and  any  body  of 
men  may,  with  the  consent  of  the  governor,  drill  and  parade 
in  public  with  any  harmless  imitation  of  firearms  approved 
by  the  adjutant  general;  that  regularly  organized  posts  of 
the  Grand  Army  of  the  Republic,  and  of  The  American 
Legion,  and  regularly  organized  camps  of  the  United  Spanish 
War  Veterans  and  regularlj^  organized  posts  of  the  Veterans 
of  Foreign  Wars  of  the  United  States,  and  of  the  Jewish 
War  Veterans  of  the  United  States,  and  regularly  organized 
detachments  of  the  Marine  Corps  League,  and  regularly 
organized  chapters  of  the  Yankee  Division  Veterans'  Asso- 
ciation and  The  Massachusetts  State  Guard  Veterans  and 
regularly  organized  units  thereof  may  drill  and  parade  with 
firearms  in  public,  under  the  supervision  of  their  duly  author- 
ized officers;  that  the  Kearsarge  Association  of  Naval  Vet- 
erans, Inc.,  may  at  any  time  parade  in  public  their  color 
guards  of  not  more  than  twelve  men  armed  with  firearms, 
that  the  Society  of  Colonial  Wars  in  the  Commonwealth 
of  Massachusetts,  the  Order  of  the  Founders  and  Patriots 
of  America,  the  Massachusetts  Society  of  the  Sons  of  the 
American  Revolution,  the  Society  of  the  Sons  of  the  Revo- 
lution in  the  Commonwealth  of  Massachusetts,  the  Society 
of  the  War  of  1812  in  the  Commonwealth  of  Massachusetts, 
and  regularly  organized  branches  of  any  of  said  societies 
may  at  any  time  parade  in  public  their  uniformed  color 
guards  of  ten  men  with  firearms;  that  regularly  organized 
camps  of  the  Sons  of  Veterans  may  at  any  time  parade  in 
public  their  color  guards  of  ten  men  with  firearms;  and 
that  any  organization  heretofore  authorized  by  law  may 
parade  with  side-arms;  and  any  veteran  association  com- 
posed wholly  of  past  members  of  the  militia  of  the  com- 
monwealth may  maintain  an  armory  for  the  use  of  the 
organizations  of  the  militia  to  which  its  members  belonged; 
provided,  that  such  drill  or  parade  is  not  in  contravention 
of  the  laws  of  the  United  States. 

Section  2.    Section  seventy  of  chapter  two  hundred  and  e;i^  260%  70 
sixty-six  of  the  General  Laws,  as  amended  by  section  four  etc!, 'amended.' 
of  chapter  two  hundred  and  forty-five  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  is  hereby  further  amended 
by  inserting  after  the  word  "War"  in  the  tenth  line  the 
words:  —  ,  the  Yankee  Division  Veterans'  Association,  —  so 
as  to  read  as  follows: —  Section  70.    Whoever,  not  being  a  Unlawful 
member  of  the  Military  Order  of  the  Loyal  Legion  of  the  ^ati^liB.  of 


120  Acts,  1939.  —  Chaps.  145,  146. 

oSStions.  United  States,  the  Grand  Army  of  the  Republic,  the  Sons 
of  Veterans,  the  Woman's  Rehef  Corps,  the  Union  Veterans' 
Union,  the  Union  Veteran  Legion,  the  Mihtary  and  Naval 
Order  of  the  Spanish-American  War,  the  United  Spanish 
War  Veterans,  the  American  Officers  of  the  Great  War,  the 
Veterans  of  Foreign  Wars  of  the  United  States,  the  Military 
Order  of  Foreign  Wars  of  the  United  States,  the  Disabled 
American  Veterans  of  the  World  War,  the  Yankee  Division 
Veterans'  Association  or  the  American  Legion,  wilfully  wears 
or  uses  the  insignia,  distinctive  ribbons  or  membership  ro- 
sette or  button  thereof  for  the  purpose  of  representing  that 
he  is  a  member  thereof  shall  be  punished  by  a  fine  of  not 
more  than  twenty  dollars  or  by  imprisonment  for  not  more 
than  one  month,  or  both.  Approved  April  21,  1939. 

Chap. 14:5  An  Act  requiring  certain  charges  for  gas  or  elec- 
tricity TO  BE  ITEMIZED. 

Be  it  enacted,  etc.,  as  follows: 

%d]"\Ir'  Section  1.     Chapter  one  hundred  and  sixty-four  of  the 

§  ii9A,  etc.,      General  Laws  is  hereby  amended  by  striking  out  section 
amended.  ^^^  hundred  and  nineteen  A,  inserted  by  section  one  of 

chapter  seventy-six  of  the  acts  of  nineteen  hundred  and 
thirty-six,  and    inserting    in    place    thereof    the    following: 
Gas  and  —  SectioTi  119 A.     When  a  consumer  is  charged  for  gas  or 

to  be  itemized,  electricity  at  several  rates  according  to  the  quantity  used, 
his  bill,  to  the  extent  that  the  gas  or  electricity  is  used  for 
domestic  purposes,  shall  be  so  itemized  as  to  show  the  quan- 
tity charged  for  at  each  rate,  and  where  the  use  is  for  other 
than  domestic  purposes  such  detail  shall  be  furnished  by 
the  company  on  request  of  the  consumer,  and  the  bill  shall 
contain  a  statement  to  this  effect. 
Effective  SECTION  2.     This  act  shall  take  effect  on  January  first, 

nineteen  hundred  and  forty.         Approved  April  21,  1939.. 

Chap. 14:6  An  Act  eliminating  from  the  charter  of  the  city  of 

WOBURN  certain  PROVISIONS  THEREOF  WHICH  OPERATE 
TO  CREATE  A  VACANCY  IN  ANY  OFFICE  IN  SAID  CITY  UPON 
THE  CONVICTION  OF  THE  INCUMBENT  THEREOF  OF  A  CRIME 
PUNISHABLE  BY  IMPRISONMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-nine  of  chapter  one  hundred  and  seventy- 
two  of  the  acts  of  eighteen  hundred  and  ninety-seven  is 
hereby  amended  by  striking  out  the  words  "The  conviction 
of  the  incumbent. of  any  such  office  of  a  crime  punishable  by 
imprisonment  shall  operate  to  create  a  vacancy  in  the  office 
held  by  him",  —  so  as  to  read  as  follows:  —  Section  39. 
Any  office  established  by  or  under  this  act  shall,  except  as 
otherwise  provided,  become  vacant  if  the  incumbent  thereof 
ceases  to  be  a  resident  of  the  city. 

Approved  April  21,  1939. 


Acts,  1939.  —  Chaps.  147,  148.  121 


Ajs    Act  relatr^e  to   the  correctiox  of  dcsufficiext  CJmi). 147 

NOTICES   OF   ACCIDENTS   OX    PUBLIC    WAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty  of  chapter  eighty-four  of  the  General  Laws,  g.  l.  (jer. 
as  amended  by  section  three  of  chapter  one  hundred  and  f^  'ameid^'. 
fourteen  of  the  acts  of  nineteen  hundred  and  thirty-three,  is 
hereb}'  further  amended  by  inserting  after  the  word  "insuf- 
ficient" in  the  twelfth  Une  the  words: —  because  it  fails  to 
state  the  name  or  place  of  residence  of  the  person  injured,  or 
the  time,  place  or  cause  of  the  injur\'  or  damage,  as  the  case 
may  be,  —  so  as  to  read  as  follows :  —  Section  20.  A  de-  Correction  of 
fendant  shall  not  avail  himself  in  defence  of  any  omission  to  notf^^^of 
state  in  such  notice  the  name  or  place  of  residence  of  the  ^^'j^^^^^a?^ 
person  injured,  or  the  time,  place  or  cause  of  the  injur>-  or  ^" 
damage,  unless,  within  five  days  after  receipt  of  a  notice, 
given  within  the  time  required  by  law  and  by  an  authorized 
person  referring  to  the  injuries  sustained  and  claiming  dam- 
ages therefor,  the  person  recei\"ing  such  notice,  or  some  per- 
son in  his  behaK,  notifies  in  ^\Titing  the  person  injured,  his 
executor  or  administrator,  or  the  person  gi^-ing  or  serving 
such  notice  in  his  behalf,  that  his  notice  is  insufficient  be- 
cause it  fails  to  state  the  name  or  place  of  residence  of  the 
person  injured,  or  the  time,  place  or  cause  of  the  injurs*  or 
damage,  as  the  case  may  be,  and  requests  forthwith  a  written 
notice  in  compliance  with  law;  pro-vnded,  that  if  the  notice 
does  not  contain  either  the  place  of  residence  of  the  person 
injured  or  the  place  of  residence  or  business  address  of  the 
person  gi\ing  or  serving  the  notice  on  behalf  of  the  person 
so  injured,  such  notice  of  insufficiency  shall  not  be  required, 
and  the  defendant  may  avail  himself  in  defence  of  any  omis- 
sion or  defect  in  the  notice.  If  the  person  authorized  to 
give  such  notice,  within  five  days  aft^r  the  receipt  of  such 
request,  gives  a  written  notice  comph-ing  with  the  law  as 
to  the  name  and  place  of  residence  of  the  person  injured, 
and  the  time,  place  and  cause  of  the  injury  or  damage, 
such  notice  shaU  have  the  effect  of  the  original  notice,  and 
shall  be  considered  a  part  thereof. 

Approved  April  21,  1939. 

As  Act  authorizing  the  city  or  boston  to  convey  the  Chav  148 

DORCHESTER  HEIGHTS  MONUMENT  AND  ADJOTNTNG  LAND  IN  "' 

the  CITY  OF  BOSTON  TO  THE  UNITED  STATES  OF  AMERICA 
FOR  PRESERVATION  AND  MAINTENANCE  AS  A  NATIONAL 
HISTORIC   MONUMENT. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Boston  is  hereby  authorized  to  convey,  with- 
out monetar}^  consideration,  to  the  United  States  of  America 
the  Dorchester  Heights  monument,  together  with  all  the 
land  included  within  Dorchester  Heights  or  Telegraph  Hill, 
so  called,  in  the  South  Boston  district  of  said  city,  compris- 


122  Acts,  1939. —Chap.  149. 

ing  approximately  two  hundred  and  thirty-six  thousand, 
three  hundred  and  fifty-four  square  feet,  and  bounded  south- 
erly, westerly  and  northerly  by  Thomas  park  and  easterly 
by  land  of  said  city  now  occupied  by  the  South  Boston  high 
school,  as  shown  on  plate  sixteen  of  the  atlas  of  South  Boston 
pubhshed  by  G.  W.  Bromley  &  Co.  in  the  year  nineteen 
hundred  and  ten,  on  condition  that  the  United  States  of 
America  shall  preserve  and  maintain  the  said  monument  and 
said  land  as  a  national  historic  monument,  under  authority 
of  an  act  of  Congress  known  as  Public-Number  two  hundred 
and  ninety-two,  Seventy-Fourth  Congress,  approved  August 
twenty-first,  nineteen  hundred  and  thirty-five,  in  commemo- 
ration of  the  evacuation  of  Boston  by  the  British  forces  on 
March  seventeenth,  seventeen  hundred  and  seventy-six. 

Approved  April  21,  1939. 

C/iap.  149  -^N  Act  relative  to  the  insurance  of  deposits  in  sav- 
ings BANKS  and  extending  THE  DURATION  OF  THE 
MUTUAL   SAVINGS   CENTRAL   FUND,    INC. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  forty-four  of  the  acts 
of  nineteen  hundred  and  thirtj^-two,  as  amended  by  section 
one  of  chapter  one  hundred  and  forty-nine  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  striking  out,  in  the  fifth  line,  the  word  "ten"  and  insert- 
ing in  place  thereof  the  word :  —  twenty-five,  —  so  as  to 
read  as  follows :  —  Section  1 .  All  the  savings  banks  estab- 
lished under  the  laws  of  the  commonwealth  and  subject  to 
the  provisions  of  chapter  one  hundred  and  sixty-eight  of 
the  General  Laws,  hereinafter  referred  to  as  member  banks, 
are  hereby  constituted  a  corporation  for  the  term  of  twenty- 
five  years,  under  the  name  of  the  Mutual  Savings  Central 
Fund,  Inc.,  hereinafter  referred  to  as  the  corporation.  It 
shall  be  the  purpose  of  the  corporation  to  assist  such  member 
banks,  when  they  are  temporarily  in  need  of  cash  or  hold 
investments  which  cannot  readily  be  liquidated,  by  making 
loans  to  them  or  any  of  them  secured  by  the  pledge  of  mort- 
gages or  other  securities  legally  held  by  such  member  banks. 
Any  savings  bank  hereafter  established  during  said  term 
under  the  authority  of  said  chapter  one  hundred  and  sixty- 
eight  shall  upon  its  organization  become  a  member  bank. 

Section  2.  Chapter  forty-three  of  the  acts  of  nineteen 
hundred  and  thirty-four  is  hereby  amended  by  striking  out 
section  one  and  inserting  in  place  thereof  the  following:  — 
Section  1.  The  Mutual  Savings  Central  Fund,  Inc.,  estab- 
lished by  chapter  forty-four  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 
insurance  of  deposits  in  all  savings  banks  established  under 
the  laws  of  the  commonwealth,  and  certified  by  the  com- 
missioner of  banks,  hereinafter  referred  ^to  as  the  commis- 
sioner, under  rules  and  regulations  adopted  by  the  directors 


Acts,  1939. —Chap.  149.  123 

of  the  corporation  and  approved  by  the  commissioner,  to 
be  in  a  sound  and  safe  condition  to  transact  and  to  continue 
to  transact  the  business  for  which  they  are  organized,  here- 
inafter called  member  banks.  For  such  purpose,  in  addition 
to  the  annual  assessment  hereinafter  provided  for,  the  di- 
rectors may,  with  the  approval  of  the  commissioner,  and 
shall  at  his  direction,  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 
corporation  a  total  of  not  more  than  one  per  cent  of  the  de- 
posits of  such  member  bank,  exclusive  of  its  club  deposits, 
as  shown  by  its  last  preceding  annual  report  to  the  commis- 
sioner, such  assessments  to  be  in  addition  to  all  other  pay- 
ments to  the  corporation  required  under  said  chapter  forty- 
four.  On  October  first,  nineteen  hundred  and  thirty-nine, 
and  on  October  first  of  each  year  thereafter  while  a  member 
bank,  such  bank  shall  pay  to  the  corporation  an  annual 
assessment  equal  to  one  sixteenth  of  one  per  cent  of  its 
deposits,  exclusive  of  its  club  deposits,  as  shown  by  its  last 
preceding  annual  report  to  the  commissioner.  The  provisions 
of  section  five  of  said  chapter  forty-four  shall  apply  to  the 
assessments  authorized  by  this  section.  Such  assessments 
shall  be  held  as  a  fund,  to  be  known  as  the  Deposit  Insur- 
ance Fund.  Said  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  Deposit  Insurance  Fund  shall  not  be  liable 
for  any  obligations  created  hereby  or  hereunder.  The  cost 
of  administering  the  Deposit  Insurance  Fund  as  determined 
by  the  directors  shall  be  paid  therefrom. 

Section  3.  Said  chapter  forty-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  Deposit  Insurance  Fund  or  upon  the  un- 
expended portion  thereof  at  such  rate  and  at  such  times  as 
the  directors  of  the  corporation  may  determine.  Except  as 
provided  by  section  three  A,  said  fund  may  be  invested  by 
the  corporation  only  as  provided  in  subsections  a,  6,  c  and  e 
of  section  seven  of  said  chapter  forty-four.  The  corporation 
may  by  vote  of  its  directors  borrow  money  for  the  purposes 
of  the  Deposit  Insurance  Fund  and  pledge  any  assets  in 
which  such  fund  is  invested  as  security  for  such  loans.  In 
case  of  the  liquidation  of  any  member  bank  under  section 
fifty-five  of  chapter  one  hundred  and  sixtj^-eight  of  the 
General  Laws,  the  corporation  shall,  provided  that  its  di- 
rectors are  satisfied  that  such  bank  has  paid  or  will  be  able 
to  pay  its  depositors  in  full,  return  the  unexpended  portion, 
as  determined  by  said  directors,  of  all  assessments  paid  by 
such  bank  into  said  fund,  after  deducting  as  a  charge  for 
insurance  of  its  deposits  during  the  period  from  October 
first,  nineteen  hundred  and  thirty-nine,  to  the  date  of  the 


124  Acts,  1939,  —  Chaps.  150,  151. 

vote  authorizing  such  liquidation,  an  amount  equal  to  the 
sum  of  the  annual  assessments  due  and  payable  on  October 
first;  nineteen  hundred  and  thirty-nine,  and  on  October  first 
of  each  year  thereafter  while  a  member  bank  as  provided 
in  section  one.  In  case  of  the  merger  or  consolidation  of 
two  or  more  member  banks  under  said  section  fifty-five, 
the  unexpended  portion  of  the  assessments,  other  than  the 
annual  assessments  referred  to  in  section  one,,  paid  by  such 
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.  Approved  April  21,  1939. 

C hap. IbO  An    Act    authorizing    the    county    commissioners    of 

BRISTOL     county     TO     PAY     CERTAIN     COMPENSATION     TO 
WILLIAM   F,    LYONS   OF   FALL   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  and  when  an  appropriation  is  provided 
therefor,  the  county  commissioners  of  Bristol  county  may 
pay  to  William  F.  Lyons  of  Fall  River  a  sum  not  exceeding 
six  hundred  and  forty-five  dollars,  for  the  purpose  of  com- 
pensating said  Lyons  for  services  performed  as  proba- 
tion officer  of  the  second  district  court  of  Bristol  from  Feb- 
ruary nineteenth  to  June  thirtieth,  nineteen  hundred  and 
thirty-eight. 

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  April  21,  1939. 

Chap. 151  An  Act  providing  for  the  appointment  of  an  addi- 
tional MASTER  IN  chancery  IN  THE  COUNTY  OF 
PLYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

Ed)''22r§53       Section  fifty-three  of  chapter  two  hundred  and  twenty- 
ameAded.'    "' '  ouc  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,   is  hereby  amended  by  inserting  after  the  word 
"Norfolk"  in  the  fifth  fine  the  words:  —  ,  six  in  Plymouth, 
Masters  in        —  SO  as  to  read  as  follows :  —  Section  53.     The  governor, 
chancery.         ^^^^  ^^^  advice  and  consent  of  the  council,  shall,  as  va- 
cancies occur,  appoint  masters  in  chancery,  who  may  act 
throughout  the  commonwealth,  so  that  the  number  thereof 
in  the  several  counties  shall  be  twelve  in  Suffolk,  eleven  in 
Essex,  eleven  in  Middlesex,  seven  in  Worcester,  six  in  Nor- 
folk, six  in  Plymouth,  and  not  more  than  five  in  any  other 
county.     They  shall  be  sworn,  and  shall  hold  their  offices 
for  five  years.  Approved  April  26,  1939. 


Acts,  1939.  —  Chaps.  152,  153.  125 


An  Act  requiring  action  of  city  councils  accepting  Chav. 152 

PROVISIONS  OF  LAW  PERMITTING  ABSENTEE  VOTING  AT 
REGULAR  CITY  ELECTIONS  TO  BE  TAKEN  AT  LEAST  NINETY 
DAYS  BEFORE  THE  FIRST  ELECTIONS  TO  WHICH  SUCH  PRO- 
VISIONS  WILL   APPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  three  A  of  chapter  fifty-four  of  Ed^tsI^"^' 
the  General  Laws,  inserted  therein  by  section  one  of  chapter  §  ibsA,  etc.. 
three  hundred  and  thirteen  of  the  acts  of  nineteen  hundred  ^"''"^^^^^ 
and  thirty-three,  and  as  most  recently  amended  by  section 
one  of  chapter  seventy-seven  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven,  is  hereby  further  amended  by  adding, 
after  the  word  "charter",  in  the  sixth  hne,  the  words:  — 
at  a  meeting  held  not  less  than  ninety  days  before  the 
regular  city  election,  —  so  that  the  first  paragraph  will 
read  as  follows:  —  Sections  eighty-six  to  one  hundred  and  ^^f^^"^. 
three,  inclusive,  of  this  chapter  and  sections  twenty-seven  city'dections. 
and  thirty-four  of  chapter  fifty-six  shall,  so  far  as  ap- 
plicable, apply  to  regular  city  elections  in  any  city  which 
accepts  this  section  by  vote  of  its  city  council,  subject 
to  the  provisions  of  its  charter,  at  a  meeting  held  not  less 
than  ninety  days  before  the  regular  city  election,  and  to 
regular  town  elections  in  any  town  which  accepts  this  sec- 
tion at  any  annual  meeting  or  any  special  town  meeting 
held  not  less  than  ninety  days  before  an  annual  meeting. 
All  the  rights,  powers,  duties  and  obligations  conferred  and 
imposed  upon  the  state  secretary  by  said  sections  shall, 
with  respect  to  said  city  and  town  elections,  be  exercised 
and  performed  by  the  clerk  of  such  city  or  town,  and,  in 
construing  said  sections  for  the  purposes  of  this  section,  any 
reference  to  state  elections  shall  be  considered  as  referring  to 
said  city  or  town  elections  in  such  city  or  town. 

Approved  April  26,  1939. 

An  Act  requiring  that  automobiles  used  by  persons  QJiav  153 

IN  GIVING  DRIVING  INSTRUCTION  FOR  COMPENSATION  BE 
EQUIPPED   WITH   DUAL   CLUTCH   AND    BRAKE    CONTROLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  ninety  of  the  General  Laws,  as  g.  l.  (Ter. 
most  recently  amended  by  chapter  one  hundred  and  nine  fic^'amendld 
of  the  acts  of  nineteen  hundred  and  thirty-three,  is  hereby 
further  amended  by  inserting  after  the  fourth  sentence,  as 
appearing  in  chapter  fifty-one  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  the  following  new  sentence :  —  Every  Equipment  of 
automobile  used  on  a  way  by  a  person  in  giving  driving  ugcd^or^'^®^ 
instruction  for  compensation  shall  be  equipped  with  dual  instruction. 
clutch   and   brake   controls,   whereby  he   may  release  the 
clutch  and  apply  the  brake  while  the  pupil  is  driving. 

Approved  April  26,  1939. 


126  Acts,  1939. —Chap.  154. 


CAap.  154  An  Act  authorizing  the  trustees   of  dukes  county 

ACADEMY   TO    TRANSFER   REAL   ESTATE   AND    MONEYS    HELD 
BY   IT   TO   THE   TOWN   OF   WEST   TISBURY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Trustees  of  Dukes  County  Academy, 
incorporated  by  chapter  seventy-nine  of  the  acts  of  eighteen 
hundred  and  thirty-three,  also  known  as  the  Dukes  County 
Academy  Association,  is  hereby  authorized  to  tr&nsfer  all 
real  estate  and  moneys  held  by  it  to  the  town  of  West  Tis- 
bury,  the  property  transferred  as  aforesaid  to  be  used  for 
the  purpose  of  constructing  a  school  building  in  said  town. 

Section  2.  Whatever  authority  or  right  is  granted  or 
conferred  by  this  act  is  hereby  declared  to  be  limited  to  such 
authority  or  right  as  the  general  court  may  constitutionally 
grant  or  confer.  Approved  April  26,  1939. 

The  Commonwealth  of  Massachusettts, 
Executive  Department,  State  House, 

Boston,  May  26,  1939. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth, 
State  House,  Boston. 

Sir: —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  peace,  health,  safety,  and  convenience 
requires  that  the  law  passed  on  the  twenty-sixth  day  of 
April  in  the  year  nineteen  hundred  and  thirty-nine,  entitled, 
"An  Act  authorizing  the  trustees  of  Dukes  County  Acad- 
emy to  transfer  real  estate  and  moneys  held  by  it  to  the 
Town  of  West  Tisbury"  should  take  effect  forthwith,  that 
it  is  an  emergency  law  and  that  the  facts  constituting  the 
emergency  are  as  follows: 

Because  the  law  will  not  otherwise  become  effective  until 
the  latter  part  of  July  and  the  town  will  be  unable  to  raze 
the  old  building  and  construct  a  new  building  in  time  to  be 
available  for  use  in  the  coming  school  year  starting  in 
September,  and  the  inability  of  the  Town  to  act  until  that 
time  may  jeopardize  the  prospect  of  Federal  assistance  in 
constructing  a  new  building. 

Very  truly  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  May  26,  1939. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  twelve  o'clock  and  ten 
minutes,  p.m.,  on  the  above  date,  and  in  accordance  with 


Acts,  1939. —Chap.  155.  127 

Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  one  hun- 
dred and  fifty-four  of  the  acts  of  nineteen  hundred  and 
thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonivealth. 


An  Act  relative  to  certain  traveling  expenses  of  pro-  Chap. 155 

BATION  officers  OF  THE  SUPERIOR  COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  ninety-four  of  chapter  two  hundred  and  seventy-  g.  l.  (Xer. 
six  of  the  General  Laws,  as  appearing  in  the  Tercentenary  amended!'  ^  ^^' 
Edition,  is  hereby  amended  by  inserting  after  the  word 
"apportioned"  in  the  fourth  line  the  following  new  sentence: 
—  Such  reasonable  expenses  shall  include  the  traveling  ex- 
penses necessarily  incurred  by  such  a  probation  officer  in 
connection  with  attendance  at  sessions  of  said  court  outside 
of  the  town  in  which  the  principal  office  of  such  probation 
oflicer  is  maintained,  such  expenses  to  be  computed  from 
and  to  said  town,  —  so  as  to  read  as  follows:  —  Section  94.  prTbTt!on° 
The  reasonable  expenses  incurred  by  probation  officers  of  officers, 
the  superior  court  in  the  performance  of  their  duties  shall  be 
approved  and  apportioned  by  the  court,  and  paid  by  the 
county  to  which  they  are  thus  apportioned.  Such  reason- 
able expenses  shall  include  the  traveling  expenses  necessarily 
incurred  by  such  a  probation  officer  in  connection  with 
attendance  at  sessions  of  said  court  outside  of  the  town  in 
which  the  principal  office  of  such  probation  officer  is  main- 
tained, such  expenses  to  be  computed  from  and  to  said  town. 
Money  to  be  used  for  the  necessary  expenses  to  be  incurred 
by  such  a  probation  officer  in  going  outside  the  common- 
wealth for  the  purpose  of  bringing  back  for  surrender  to  the 
court  a  person  who  is  on  probation  shall  be  advanced  by  the 
treasurer  of  the  county  in  which  such  person  was  placed  on 
probation,  upon  presentation  of  a  certificate  signed  by  the 
probation  officer  and  approved  by  said  court.  After  his 
return  such  probation  officer  shall  account  for  such  money 
by  fifing  with  said  county  treasurer  itemized  vouchers,  duly 
sworn  to,  approved  by  the  court,  setting  forth  the  necessary 
expenses  so  incurred  and  any  unexpended  balance  of  such 
money  shall  be  paid  to  said  county  treasurer.  Probation 
officers  of  district  courts  and  of  the  Boston  juvenile  court 
shall  be  reimbursed  by  the  county  for  their  actual  disburse- 
ments for  necessary  expenses  incurred  while  in  the  per- 
formance of  their  duties,  including  their  reasonable  traveling 
expenses  in  attending  conferences  authorized  by  section 
ninety-nine,  not  exceeding  three  hundred  dollars  to  each  in 
any  one  year,  upon  vouchers  approved  by  the  court  by 
which  they  are  appointed.  Approved  April  26,  1939. 


128  Acts,  1939. —Chap.  156. 


C hap. 15Q  An  Act  relating  to  contracts  entered  into  on  behalf 

OF   THE   COUNTY    OF   SUFFOLK. 

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  thirty  and  inserting  in  place  thereof  the 
following:  —  Section  30.  Every  officer  or  board  in  charge  of 
a  department  in  said  city  and  every  officer,  board  or  official 
of  the  county  of  Suffolk  having  power  to  incur  obligations  on 
behalf  of  said  county  in  cases  where  said  obligations  are  to 
be  paid  for  wholly  from  the  treasury  of  said  city,  when 
authorized  to  erect  a  new  building  or  to  make  structural 
changes  in  an  existing  building,  shall  make  contracts  there- 
for, not  exceeding  five,  each  contract  to  be  subject  to  the 
approval  of  the  mayor;  and  when  about  to  do  any  work  or 
to  make  any  purchase,  the  estimated  cost  of  which  alone,  or 
in  conjunction  with  other  similar  work  or  purchase  which 
might  properly  be  included  in  the  same  contract,  amounts  to 
or  exceeds  one  thousand  dollars,  shall,  unless  the  mayor  gives 
written  authority  to  do  otherwise,  invite  proposals  therefor 
by  advertisements  in  the  City  Record.  Such  advertise- 
ments shall  state  the  time  and  place  for  opening  the  pro- 
posals in  answer  to  said  advertisement,  and  shall  reserve  the 
right  to  the  officer,  board  or  official  to  reject  any  or  all  pro- 
posals. No  authority  to  dispense  with  advertising  shall  be 
given  by  the  mayor  unless  the  said  officer,  board  or  official 
furnishes  him  with  a  signed  statement  which  shall  be  pub- 
lished in  the  City  Record  giving  in  detail  the  reasons  for  not 
inviting  bids  by  advertisement. 

Section  2.  Chapter  four  hundred  and  eighteen  of  the 
acts  of  eighteen  hundred  and  ninety  is  hereby  amended  by 
striking  out  section  six  and  inserting  in  place  thereof  the 
following:  —  Section  6.  All  contracts  made  by  any  depart- 
ment of  the  city  of  Boston  or  by  any  officer,  board  or  official 
of  the  county  of  Suffolk  having  power  to  incur  obligations 
on  behalf  of  said  county  in  cases  where  said  obligations  are 
to  be  paid  for  wholly  from  the  treasury  of  the  city  of  Boston, 
shall,  when  the  amount  involved  is  two  thousand  dollars  or 
more,  be  in  writing,  and  no  such  contract  shall  be  deemed 
to  have  been  made  or  executed  until  the  approval  of  the 
mayor  in  writing  is  affixed  thereto.  All  such  contracts  shall 
be  accompanied  by  a  suitable  bond  or  deposit  of  money  or 
other  security  for  the  faithful  performance  of  such  contracts, 
and  such  bonds  or  other  security  shall  be  deposited  with  the 
city  auditor  until  the  contract  has  been  carried  out  in  all 
respects;  and  no  such  contract  shall  be  altered  except  by  a 
written  agreement  of  the  contractor,  the  sureties  on  his  or 
their  bond,  and  the  officer,  board  or  official  making  the  con- 
tract, with  the  approval  of  the  mayor  affixed  thereto. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 
A-pproved  April  26,  1939. 


Acts,  1939. —Chap.  157.  129 


An  Act  relative  to  the  records  of  the  courts  and  the  Chap. 157 

DISPOSAL    OF    such    OF    THEIR    PAPERS    AS    ARE    OBSOLETE 
AND    USELESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  thirteen  of  chapter  two  hundred  and  ^d^y  2i8r§  i3, 
eighteen  of  the  General  Laws,  as  amended  by  chapter  fifty-  etc.,  ameAded. ' 
nine  of  the  acts  of  nineteen  hundred  and  thirty-seven,  is 
hereby  further  amended  by  striking  out  the  first  paragraph. 

Section  2.    Chapter  two  hundred  and  twenty-one  of  the  g.  l.  (Ter 
General  Laws  is  hereby  amended  by  striking  out  section  amend^e'd.' 
twenty-seven,   as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following:  —  Section  27.  ^^*^"|'°^°^ 
The  supreme  judicial  court  shall  by  rule  or  order  direct  in  ^eTords"'' 
what  manner  and  to  what  extent,  if  any,  the  papers  in 
causes  which  are  entered  in  any  court  of  the  commonwealth 
shall  be  extended  upon  the  records,  after  final  judgment  or 
otherwise,  and  what  shall  be  a  final  record.     Such  rule  or 
order  shall  specify  whether  such  extension  shall  be  in  whole 
or  in  part,  shall  be  in  long  hand,  typewriting,  print  or  other- 
wise, or  shall  consist  of  the  filing  of  original  papers  in  such 
causes  by  loose  leaf  system  or  otherwise. 

Section  3.     Said  chapter  two  hundred  and  twenty-one  g.  l.  (Ter. 
is  hereby  further  amended  by  inserting  after  section  twenty-  new's^t^n 
seven,  as  amended  by  section  two  of  this  act,  the  following  27a,  inserted. 
new  section:  —  Section  27 A.     The  supreme  judicial  court  Rules per- 
may  by  rule  or  order  provide  for  the  disposal  by  destruction  destruct^ion 
or  otherwise  of  obsolete  and  useless  papers  in  causes  which  papers"'*"*^ 
have  been  entered  in  any  court  of  the  commonwealth  and 
of  obsolete  and  useless  notes  of  testimony  that  have  been 
preserved  in  any  such  court,  but  subject,  except  with  respect 
to  such  notes,  to  the  following  requirements:  — 

(1)  The  cause  to  which  the  papers  relate  shall  have  been 
finally  disposed  of  for  more  than  twenty  years. 

(2)  No  original  paper  bearing  date  or  known  to  have  been 
filed  earher  than  the  year  eighteen  hundred  shall  be  destroyed. 

(3)  Reasonable  notice  to  the  pubfic  shall  be  given  before 
any  such  disposal  is  made  of  any  paper. 

Any  rule  or  order  under  authority  of  this  section  may 
provide  for  the  method  of  proof  in  other  causes  of  the  con- 
tents of  papers  disposed  of  hereunder,  and  shall  govern 
such  proof,  notwithstanding  any  statutory  provision  re- 
quiring any  different  method  of  proof. 

Section  4.  This  act  shall  take  effect  upon  its  passage,  Effective 
except  that  section  one  shall  take  effect  with  respect  to  any  *^**^^- 
district  court  upon  the  effective  date  of  a  rule  or  order 
adopted  or  made  by  the  supreme  judicial  court  under 
authority  of  section  three,  providing  for  the  disposal  of 
obsolete  and  useless  papers  in  causes  entered  in  such  district 
court.  Approved  April  26,  1939. 


130 


Acts,  1939.  —  Chaps.  158,  159. 


G.  L.  (Ter. 
Ed.),  32,  §  21, 
etc.,  amended. 


Employees 
under  fifty-five 
years  of  age. 


Chap. 158  -^N   -^CT  RELATIVE  TO   MEMBERSHIP   IN   COUNTY   RETIREMENT 

SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-one  of  chapter  thirty-two  of 
the  General  Laws,  as  most  recently  amended  by  section  two 
of  chapter  three  hundred  and  thirty-six  of  the  acts  of 
nineteen  hundred  and  thirty-seven,  is  hereby  amended  by 
striking  out  paragraph  (1)  (o),  as  appearing  in  section  one 
of  chapter  four  hundred  of  the  acts  of  nineteen  hundred 
and  thirty-six,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

(a)  Except  as  otherwise  provided  in  paragraphs  (b)  and 
(d)  of  this  subdivision,  any  person  who,  while  under  age 
fifty-five,  enters  the  service  of  the  county  after  the  date 
on  which  the  system  becomes  operative  therein  may  by 
written  application  to  the  retirement  board  become  a  mem- 
ber of  the  system  as  of  the  date  of  the  filing  of  such 
application;  provided,  that,  if  such  application  is  not  filed 
prior  to  the  date  of  completion  of  ninety  days  of  such  service, 
he  shall  become  a  member  of  the  system  as  of  said  last 
mentioned  date. 

Section  2.  Said  section  twenty-one  is  hereby  further 
amended  by  inserting  at  the  end  of  subdivision  (1),  as 
amended,  the  following  new  paragraph :  — 

(/)  A  person  who,  while  under  age  fifty-five,  enters  the 
employ  of  a  hospital  district  shall  become  a  member  of  the 
system  after  completing  nine  months  of  service,  unless  he 
shall  sooner  become  a  member  following  an  application  in 
writing  to  the  retirement  board  for  such  membership. 

Approved  April  26,  1939. 


G.  L.  (Ter. 
Ed.),  32,  §  21, 
further 
amended. 

Employees 
of  hospital 
districts. 


Chap 


G.  L.  (Ter. 
Ed.).  128A, 
§  1.3A,  etc., 
amended. 


Approval  of 
local 

authorities 
required. 

Hearings. 


.159  An  Act  requiring  the  holding  of  a  public  hearing 

PRIOR  TO  approval  BY  MUNICIPAL  AUTHORITIES  OF  THE 
LOCATION  OF  A  RACE  TRACK  WHERE  IT  IS  PROPOSED  TO 
HOLD  A  RACING  MEETING  AT  WHICH  THE  PARI-MUTUEL 
SYSTEM  OF  WAGERING  SHALL  BE  PERMITTED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-eight  A  of  the  General 
Laws  is  hereby  amended  by  striking  out  section  thirteen  A, 
inserted  by  section  eight  of  chapter  four  hundred  and  fifty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following:  —  Section  ISA. 
The  provisions  of  section  one  hundred  and  eighty-one  of 
chapter  one  hundred  and  forty  and  of  sections  thirty-one, 
thirty-three  and  thirty-four  of  chapter  two  hundred  and 
seventy-one,  and  of  chapter  four  hundred  and  ninety-four  of 
the  acts  of  nineteen  hundred  and  eight,  shall  not  apply  to 
race  tracks  or  r%cing  meetings  laid  out  and  conducted  by 
licensees  under  this  chapter;  except  that  no  Hcense  shall  be 


Acts,  1939. —Chap.  160.  131 

granted  by  the  commission  for  a  racing  meeting  in  any  city 
or  town  unless  the  location  of  the  race  track  where  such 
meeting  is  to  be  held  or  conducted  has  been  once  approved 
by  the  mayor  and  aldermen  or  the  selectmen  as  provided  by 
said  section  thirty-three  of  said  chapter  two  hundred  and 
seventy-one,  after  a  public  hearing,  seven  days'  notice  of 
the  time  and  place  of  which  hearing  shall  have  been  given 
by  posting  in  a  conspicuous  public  place  in  such  city  or  town 
and  by  pubHcation  in  a  newspaper  published  in  such  city  or 
town,  if  there  is  any  published  therein,  otherwise  in  a  news- 
paper published  in  the  county  wherein  such  city  or  town  is 
situated.  Approved  April  26,  1939. 


An  Act  further  regulating  the  business  of  funeral  (7/ia».160 

DIRECTING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eighty-two  of  chapter  one  hundred  g^^.  (Ter   ^^ 
and  twelve  of  the  General  Laws,  as  appearing  in  section  etc^.'ameAded."' 
three  of  chapter  four  hundred  and  seven  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  is  hereby  amended  by  striking 
out  the  definition  of  "Funeral  directing"  and  inserting  in 
place  thereof  the  following:  — 

"Funeral  directing",  the  business,  practice  or  profession,  as  Definition. 
commonly  practiced,  of  (a)  directing  or  supervising  funerals 
or  providing  funeral  service;  (h)  handling  or  encasing,  or  pro- 
viding services  for  handling  or  encasing,  dead  human  bodies, 
and  preparation  of  dead  human  bodies,  otherwise  than  by 
embalming,  for  burial  or  disposal;  (c)  providing  embalming 
services;  (d)  providing  transportation,  interment  and  disinter- 
ment of  dead  human  bodies;  (e)  maintaining  an  establishment 
so  located,  constructed  and  equipped  as  to  permit  the  decent 
and  sanitary  handling  of  dead  human  bodies,  with  suitable 
equipment  in  such  establishment  for  such  handhng. 

Section  2.      Section   eighty-seven   of   said   chapter   one  g.  l.  (Tcr. 
hundred  and  twelve,  as  amended  by  chapter  thirteen  of  the  fttl'amfAded'^' 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  adding  at  the  end  the  following: —  ;  nor  shall  ^"""Pen^^lge^ 
said  sections  prohibit  a  corporation  or  partnership,  if  not  [^"busin^s. 
engaged  in  any  other  business,  from  engaging  in  the  business 
of  funeral  directing,  if  a  duly  registered  and  Hcensed  funeral 
director  is  in  charge  of  the  business  of  said  corporation  or 
partnership. 

Section  3.  The  last  paragraph  of  section  forty-nine  of  g^^-  (Ter  ^^ 
chapter  one  hundred  and  fourteen  of  the  General  Laws,  as  etc!, 'amended. ' 
amended  by  section  four  of  said  chapter  four  hundred  and 
seven,  is  hereby  further  amended  by  striking  out,  in  the  first 
and  second  lines,  the  words  "may  by  a  special  rule  or  regu- 
lation permit"  and  inserting  in  place  thereof  the  words:  — 
shall  issue  a  permit  for,  —  so  as  to  read  as  follows :  — 

The  board  of  health  of  a  town  shall  issue  a  permit  for  the  Permit  to 
continuance  therein,  under  the  active  supervision  of  a  per-  business^ 


132  Acts,  1939. —Chap.  161. 

upon  death       son  liccnsed  as  a  funeral  director  in  any  town,  of  the  business 
of  a  funeral  director  licensed  by  such  board  who  has  died, 
for  the  benefit  of  the  estate  or  persons  interested  in  the  estate 
of  the  decedent,  during  such  period  of  time  and  in  such  a 
manner   and   under   such   conditions   as   such   board   may 
determine. 
gjL.  (Ter   ^^       Section  4.    The  third  paragraph  of  section  eightj^-three 
etc',  amended! '  of  chapter  one  hundred  and  twelve  of  the  General  Laws,  as 
appearing  in  section  three  of  said   chapter  four  hundred 
and  seven,  is  hereby  amended  by  inserting  after  the  word 
"character"  in  the  third  line  the  w^ords:  —  and  that  he  has 
graduated  from  a  funeral  directing  school,  —  so  as  to  read  as 
follows :  — 
f^?^regi's-°''^  Each  appHcant  for  registration  as  a  funeral  director,  who 

tration.  shall  fumish  the  board  with  satisfactory  proof  that  he  is  a 

Fee.  citizen  of  the  United  States  of  good  moral  character  and 

that  he  has  graduated  from  a  funeral  directing  school,  shall, 
upon  the  payment  of  five  dollars,  be  entitled  to  be  examined, 
and,  if  found  by  the  board  to  be  qualified  to  prepare  such 
death  certificates  and  other  documents  as  are  required  in 
the  ordinary  course  of  his  business,  and  to  be  familiar  with 
the  precautions  to  be  taken  by  an  undertaker  to  prevent  the 
spread  of  communicable  diseases  and  to  be  conversant  with 
the  laws  of  the  United  States  and  of  this  commonwealth 
relative  to  the  custody  of  dead  human  bodies,  the  prepara- 
tion of  such  bodies  for  burial,  cremation,  and  shipment  and 
relative  to  their  burial,  cremation  and  shipment,  shall  be 
registered  by  the  board  as  qualified  to  be  licensed  under 
section  forty-nine  of  chapter  one  hundred  and  fourteen  as  a 
funeral  director;  provided,  that  he  furnishes  satisfactory 
proof  to  the  board  that  he  maintains  within  the  common- 
wealth an  undertaking  establishment  so  located,  constructed 
and  equipped  as  to  permit  the  sanitary  handling  of  dead 
human  bodies  and  maintains  in  such  establishment  suitable 
equipment  for  such  handling.        Approved  April  26,  1939. 


C hap.  IQl  An  Act  relative  to  the  location  of  lines  for  the 

TRANSMISSION    OF   INTELLIGENCE. 

Be  it  enacted,  etc.,  as  follows: 
G-L|Ter  Section  twenty-one  of  chapter  one  hundred  and  sixty-six 

ameAded.'  "  '  of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  adding  at  the  end  the  following 
new  sentence :  —  This  section  shall  apply  to  a  company  in- 
corporated under  the  laws  of  another  state  for  the  transmis- 
sion of  intelligence  bj''  electricity  or  by  telephone,  whether 
by  electricity  or  otherwise,  and  which  is  engaged  in  inter- 
state commerce  within  the  commonwealth,  —  so  as  to  read 
Construction  as  f ollows :  —  Scctiou  21 .  A  company  incorporated  for  the 
ofUnes.  transmission  of  intelligence  by  electricit}^  or  by  telephone, 

whether  by  electricity  or  otherwise,  or  for  the  transmission 
of  electricity  for  lighting,  heating  or  power,  or  for  the  con- 


Acts,  1939. —Chap.  162.  133 

struction  and  operation  of  a  street  railway  or  an  electric 
railroad,  may,  under  this  chapter,  construct  Unes  for  such 
transmission  upon,  along,  under  and  across  the  public  ways 
and,  subject  to  chapter  ninety-one,  across  and  under  any 
waters  in  the  commonwealth,  by  the  erection  or  construction 
of  the  poles,  piers,  abutments,  conduits  and  other  fixtures, 
except  bridges,  which  may  be  necessary  to  sustain  or  pro- 
tect the  wires  of  its  hues ;  but  such  company  shall  not  incom- 
mode the  public  use  of  pubhc  ways  or  endanger  or  interrupt 
navigation.  This  section  shall  apply  to  a  company  incor- 
porated under  the  laws  of  another  state  for  the  transmission 
of  intelHgence  by  electricity  or  by  telephone,  whether  by 
electricity  or  otherwise,  and  which  is  engaged  in  interstate 
commerce  within  the  commonwealth. 

Approved  April  28,  1939. 


An  Act  to  authorize  and  validate  the  sale  and  trans-  Qha'p. 1^2 

FER  OF  property  AND  THE  TRANSFER  OF  LOCATIONS  BY 
DOMESTIC  CORPORATIONS  ORGANIZED  FOR  THE  TRANSMIS- 
SION OF  INTELLIGENCE  TO  DOMESTIC  OR  FOREIGN  CORPO- 
RATIONS   ORGANIZED    FOR   THE   SAME    PURPOSE, 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  sixty-six  of  the  General  Laws  o  l.  (Xer. 
is  hereby  amended  by  inserting  after  section  fifteen  A,  newslc^tion 
inserted  by  chapter  two  hundred  and  forty-two  of  the  i5b,  inserted, 
acts  of  nineteen  hundred  and  thirty-five,  the  following  new 
section:  —  Section  15B.  A  corporation  organized  under  the  saie  or 
laws  of  the  commonwealth  for  the  transmission  of  intelli-  property? 
gence  by  electricity  or  by  telephone,  whether  by  electricity 
or  otherwise,  hereinafter  called  the  vendor  corporation,  may, 
pursuant  to  a  vote  of  stockholders  owning  not  less  than  two 
thirds  of  its  capital  stock,  at  a  meeting  duly  called  for  the 
purpose,  sell  or  transfer  to  a  corporation  organized  for  a 
similar  purpose  under  the  laws  of  the  commonwealth  or  of 
another  state,  hereinafter  called  the  vendee  corporation, 
and  which  owns  a  majority  of  the  stock  of  the  vendor  cor- 
poration, all  or  any  of  the  property  of  the  vendor  corpora- 
tion located  upon,  along,  under  and  across  the  public  ways 
or  elsewhere;  provided,  that  any  such  vendee  corporation, 
if  a  foreign  corporation,  is  at  the  time  of  such  sale  or  transfer 
engaged  within  the  commonwealth  in  interstate  commerce 
and  shall  have  been  so  engaged  for  not  less  than  twenty 
years  immediately  preceding  such  sale  or  transfer.  Any 
such  sale  or  transfer  of  property  in  the  public  ways  may 
include  the  transfer  of  the  locations  on  which  such  property 
has  been  constructed,  and  such  locations  shall  be  validated 
and  confirmed  in  the  vendee  corporation  if  there  is  filed  by 
the  vendee  corporation  with  the  clerk  of  each  city  and  town 
in  which  any  of  such  locations  is  situated  a  certificate  of  such 
sale  or  transfer,  including  a  Hst  of  such  locations  in  such  city 
or  town.  .  Every  such  certificate  and  list  so  filed  shall  be 


134  Acts,  1939.  —  Chaps.  163,  164. 

recorded  by  such  clerk  and  kept  with  the  records  of  original 
locations  for  poles,  wires  and  conduits  in  such  city  or  town. 

Approved  April  28,  1939. 

ChaV.163  ^^  ^^'^  '^^  AUTHORIZE  THE  CORPORATION  ENTITLED  BISHOP 
AND  TRUSTEES  OF  THE  PROTESTANT  EPISCOPAL  CHURCH 
IN  THE  DIOCESE  OF  MASSACHUSETTS  TO  ESTABLISH  A 
COMMON  TRUST  FUND  FOR  THE  INVESTMENT  OF  ITS  OWN 
FUNDS  AND  THE  FUNDS  OF  OTHER  CORPORATIONS,  CHURCHES 
AND  ORGANIZATIONS  OF  THE  PROTESTANT  EPISCOPAL 
CHURCH    IN    SAID    DIOCESE. 

Emergency  Whereds,  Ths  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  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Bishop  and  Trustees  of  the  Protestant  Episcopal  Church 
in  the  Diocese  of  Massachusetts,  a  corporation  created  by 
section  one  of  chapter  two  hundred  and  seventeen  of  the 
Special  Acts  of  nineteen  hundred  and  sixteen,  may  estab- 
lish one  or  more  common  trust  funds  for  the  purpose  of 
furnishing  investments  to  itself  and  to  any  organization 
within  the  object  of  the  said  corporation,  as  defined  by  sec- 
tion two  of  said  chapter,  including,  but  without  Hmiting 
the  generality  of  the  foregoing,  any  church  or  religious, 
educational  or  charitable  organization  or  corporation  of 
the  Protestant  Episcopal  Church  in  the  Diocese  of  Massa- 
chusetts or  any  organization  or  corporation  holding  funds 
for  the  benefit  of  any  of  the  foregoing  or  for  promoting  any 
of  the  purposes  for  which  any  of  the  foregoing  were  formed  or 
for  the  purpose  of  supporting  a  bishop,  religious  pastor  or 
teacher,  or  any  building  or  buildings  used  by  any  of  the  fore- 
going, whether  holding  such  funds  as  fiduciary  or  otherwise; 
and  the  said  Bishop  and  Trustees  of  the  Protestant  Episcopal 
Church  in  the  Diocese  of  Massachusetts  and  any  of  the 
said  churches,  organizations  or  corporations,  as  fiduciary  or 
otherwise,  may  invest  any  part  or  all  of  any  of  the  funds 
which  it  holds  for  investment  in  interests  in  such  common 
trust  fund  or  funds,  provided  that  in  the  case  of  funds  held 
as  fiduciary  such  investment  is  not  prohibited  by  the  word- 
ing of  the  instrument  creating  such  fiduciary  relationship. 

Approved  May  2,  1939. 

Chap. 1Q4:  An  Act  providing  for  the  making  of  certain  repairs 

AND    other   improvements   AT   THE   NEW    BEDFORD    STATE 
PIER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  pubhc  works  is  hereby 
authorized  and  directed  to  make  such  repairs  and  other 
improvements,  including  dredging,  at  the  state  pier  in  the 


Acts,  1939. —Chap.  165.  135 

city  of  New  Bedford  as  it  may  deem  necessary.  For  the 
purposes  of  this  act,  said  department  may  expend  sums  not 
exceeding,  in  the  aggregate,  the  sum  of  thirty-five  thousand 
dollars,  which  sum  is  hereby  appropriated  from  the  general 
fund  or  ordinary  revenue  of  the  commonwealth  in  advance 
of  final  action  on  the  general  appropriation  bill,  pursuant 
to  a  recommendation  of  the  governor  to  that  effect. 

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

Approved  May  2,  1939. 


An  Act  relative  to  the  messenger  of  the  superior  Chap. 165 

COURT   IN   THE    COUNTY   OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  f allows. • 

Section  1.  Section  forty-nine  of  chapter  thirty-five  of  Ed^-^J®5  49 
the  General  Laws,  as  most  recently  amended  by  section  one  etc!, 'amended', 
of  chapter  three  hundred  and  forty-seven  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  inserting  after  the  word  "courts"  in  the  sixth  fine  the 
words:  —  the  messenger  of  the  superior  court  in  the  county 
of  Suffolk,  —  so  as  to  read  as  follows :  —  Section  49.  Every  Salary  of 
office  and  position  whereof  the  salary  is  wholly  payable  ^ipeHofcowt 
from  the  treasury  of  one  or  more  counties,  or  from  funds  |."unty°'^' 
administered  by  and  through  county  officials,  except  the 
offices  of  county  commissioners  and  associate  county  com- 
missioners, justices  and  special  justices  of  the  district  courts, 
the  messenger  of  the  superior  court  in  the  county  of  Suffolk, 
clerks  and  assistant  clerks  of  the  district  courts  other  than 
the  municipal  court  of  the  city  of  Boston,  trial  justices, 
other  offices  and  positions  filled  by  appointment  of  the 
governor  with  the  advice  and  consent  of  the  council,  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  sen- 
tence of  section  seventy-six  of  said  chapter  two  hundred 
and  twenty-one,  shall  be  classified  by  the  board  in  the  man- 
ner 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  prin- 
cipally supported  by  the  funds  of  the  county  or  counties, 
or  in  the  service  of  a  hospital  district  estabHshed  under  sec- 
tions seventy-eight  to  ninety-one,  inclusive,  of  chapter  one 
hundred  and  eleven,  shall  Hkewise  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  compensa- 
tion as  is  fixed  under  authority  of  other  provisions  of  law  or 
as  is  expressly  established  by  law. 


provisions. 


136  Acts,  1939.  —  Chap.  166. 

G.  L.  (Ter  Section  2.     Section  seventy-six  of  chapter  two  hundred 

^tci'ameAded!''  and  twenty-one  of  the  General  Laws,  as  most  recently 
amended  by  section  three  of  chapter  one  hundred  and 
eighty-two  of  the  acts  of  nineteen  hundred  and  thirty-five, 
is  hereby  further  amended  by  striking  out  the  second  and 
third  sentences  and  inserting  in  place  thereof  the  following: 
—  The  messenger  of  the  superior  court  in  said  county  shall 
be  appointed  by  the  justices  of  said  court  and  shall  also  act 
as  clerical  assistant  of  the  justices  of  said  court.  His  salary 
shall  be  established  by  the  justices  of  said  court  and  shall 
Duties  of  be  paid  by  said  county,  —  so  as  to  read  as  follows :  —  Sec- 

messenger.  ^^^^  j^^  j^  addition  to  the  amount  of  salary  payable  by 
Suffolk  county,  fixed  under  the  provisions  of  sections  forty- 
nine  to  fifty-six,  inclusive,  of  chapter  thirty-five,  to  the 
messenger  of  the  justices  of  the  supreme  judicial  court  in 
said  county,  there  shall  annually  be  paid  by  the  common- 
wealth to  such  messenger  the  sum  of  four  hundred  dollars. 
The  messenger  of  the  superior  court  in  said  county  shall  be 
appointed  by  the  justices  of  said  court  and  shall  also  act 
as  clerical  assistant  of  the  justices  of  said  court.  His  salary 
shall  be  established  by  the  justices  of  said  court  and  shall 
be  paid  by  said  county. 
Temporary  SECTION  3.     The  Salary  of  the  messenger  of  the  superior 

court  in  the  county  of  Suffolk  in  force  on  the  effective  date 
of  this  act  shall  continue  in  force  until  fixed  by  the  justices 
of  the  superior  court  as  provided  by  this  act. 

Approved  May  2,  1939.    ■ 

ChapAQQ  An  Act  requiring  decisions  on  objections  to  nomina- 
tions FOR  city  and  town  OFFICES  TO  BE  RENDERED 
WITHIN  A  DEFINITE  TIME,  AND  AUTHORIZING  THE  PRINT- 
ING OF  BALLOTS  BY  THE  CITY  OR  TOWN  CLERK  IN  CASES 
WHERE    SUCH    DECISIONS   ARE   NOT   SO   RENDERED, 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Scctiou  twclvc  of  chapter  fifty-three  of  the  General  Laws, 

ftl! 'amended,    as  amended  by  section  two  of  chapter  two  hundred  and 
twelve  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
is  hereby  further  amended  by  adding  at  the  end  the  follow- 
ing new  paragraph :  — 
^hTh'decirions      Such  boards  shall  render  a  decision  on  any  matter  re- 
ThaTi  be ''""°"''  f erred  to  them,  pertaining  to  certificates  of  nomination  or 
rendered.  nomination  papers  for  any  regular  or  special  city  or  town 

primaries  or  any  regular  or  special  city  or  town  election,  or 
to  withdrawals  of  nominations  therefor,  not  later  than  four 
days  after  the  last  day  fixed  for  filing  objections  to  such 
certificates  or  papers,  or  for  filing  such  withdrawals,  as  the 
case  may  be,  under  this  chapter.  In  the  event  that  any 
such  board  fails  to  render  within  the  aforesaid  period  its 
decision  on  any  matter  so  referred,  the  city  or  town  clerk 
shall,  notwithstanding  such  failure,  proceed  forthwith  to 
cause  to  be  printed  the  ballots  for  such  primaries  or  elections. 

Approved  May  2,  1939. 


Acts,  1939.  —  Chaps.  167,  168.  137 


An  Act  making  the  insurance  laws  inapplicable  to  Qfiart  167 

CERTAIN      ORGANIZATIONS      ADMINISTERING      THE      SCHOOL 
ATHLETIC   ACCIDENT-BENEFIT    PLAN,    SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred   and  seventy-five  of  the  General  g"^^-  {JF-,  29 
Laws  is  hereby  amended  by  striking  out  section  twenty-  amended.' 
nine,   as  appearing  in  the  Tercentenary  Edition,  and  in- 
serting in  place   thereof  the  following:  —  Section  29.    All  *^"*'*'''. 

*    .  "^  ,  p,        •  ,      1         p  11  ,1  companies,  etc., 

companies  now  or  hereaiter  incorporated  or  tormed  by  author-  not  subject 
ity  of  any  general  or  special  law  of  the  commonwealth  shall,  providolfs 
except  as  provided  in  section  one  hundred  and  fourteen  and  "nceliw ''''" 
in  chapter  one  hundred  and  seventy-six,  be  subject  to  this 
chapter.  Trade  unions  and  other  associations  of  wage  work- 
ers whose  principal  objects  are  to  deal  with  the  relations 
between  employers  and  employees  relative  to  wages,  hours 
of  labor  and  other  conditions  of  employment,  and  athletic 
and  other  school  organizations  formed  for  administering  a 
plan  for  the  payment  of  benefits  to  school  pupils  injured 
while  participating  in  school  athletics,  commonly  known  as 
the  school  athletic  accident-benefit  plan,  shall  not  be  sub- 
ject to  this  chapter,  except  as  hereinafter  provided,  or  to 
chapter  one  hundred  and  seventy-six.  The  president  and 
the  treasurer  of  such  an  athletic  or  other  school  organiza- 
tion shall,  within  thirty  days  after  a  written  request  there- 
for by  the  commissioner,  file  with  him  a  financial  statement, 
in  such  form  and  detail  and  of  such  date  as  he  may  prescribe, 
signed  and  sworn  to  by  them.  Approved  May  2,  1939. 


An  Act  requiring  notice  and  hearing  before  refusal  QJiq^jj  \qq 
TO  issue  a  renewal  of  any  license  to  a  foreign  fra- 
ternal  benefit  society. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-one  of  chapter  one  hundred  and  seventy-six  c.  l.  (Ter. 
of  the   General   Laws,   as  appearing  in  the   Tercentenary  blended!'  ^  ^^' 
Edition,  is  hereby  amended  by  striking  out,  in  the  thirty- 
fourth  fine,  the  words  "or  refused"  and  inserting  in  place 
thereof  the  words :  —  ,  or  is  refused  after  notice  and  hearing, 
—  so  as  to  read  as  follows :  —  Section  Jf.1 .     No  foreign  so-  Foreign 
ciety  shall  transact  any  business  in  the  commonwealth  with-  bu's'fness' 
out  a  license  from  the  commissioner.     Every  such  society  regulated. 
applying  for  such  a  license  shall  file  with  the  commissioner  a 
duly  certified  copy  of  its  charter  or  articles  of  association; 
a  copy  of  its  constitution  and  by-laws,  certified  by  its  secre- 
tary or  corresponding  officer;    a  power  of  attorney  to  the 
commissioner,  as  provided  in  the  following  section;   a  state- 
ment of  its  business,  on  oath  of  its  president  and  secretary, 
or  corresponding  officers,  in  the  form  required  by  the  com- 
missioner, duly  verified  by  an  examination  made  by  the 
supervising  insurance  official  of  its  home  state  or  other  state 


138  Acts,  1939. —Chap.  169. 


satisfactory  to  the  commissioner;  a  copy  of  its  certificate 
of  membership;  a  certificate  from  the  proper  official  of  its 
home  state,  territory,  district  or  country  that  the  society 
is  legally  organized;  and  the  society  shall  show  that  the 
benefits  are  provided  for  by  periodical  or  other  payinents 
by  persons  holding  similar  contracts,  and  that  its  assets 
are  invested  in  accordance  with  the  laws  of  the  state  or 
country  where  it  is  organized,  and  that  it  has  the  qualifica- 
tions required  of  domestic  societies  on  the  lodge  system  in- 
corporated under  this  chapter;  provided,  that  a  society 
which  grants  benefits  for  disability  arising  from  accidental 
injury  or  from  sickness  shall  be  required  to  show  that  it  has 
accumulated  funds,  usable  only  for  the  payment  of  such 
benefits  and  in  excess  of  accrued  claims  for  such  benefits, 
not  less  in  amount  than  three  monthly  contributions  or  one 
quarterly  contribution  from  members  entitled  to  such  bene- 
fits, and  shall  be  required,  as  a  condition  for  the  maintenance 
of  its  authority  to  do  business  in  this  commonwealth,  to 
maintain  at  all  times  after  admission,  as  regards  disability 
benefits,  funds  in  amount  as  above  set  forth;  and  shall  fur- 
nish the  commissioner  such  other  information  as  he  may 
deem  necessary  for  the  proper  exhibit  of  its  business  and 
plan  of  working.  Upon  compliance  with  these  requirements, 
such  foreign  society  shall  be  entitled  to  a  license  to  transact 
business  in  the  commonwealth  until  July  first  following,  and 
such  license  shall,  upon  compliance  with  this  chapter,  be 
renewed  annually,  but  in  all  cases  to  terminate  on  July  first 
following;  except  that  it  shall  continue  in  full  force  and 
effect  until  the  new  license  is  issued,  or  is  refused  after  notice 
and  hearing.  For  every  such  license  or  renewal  the  society 
shall  pay  to  the  commissioner  twenty  dollars. 

Approved  May  2,  1939. 


Chap. 169  ^N     ^^'^    REVIVING     THE     CORPORATION     KNOWN    AS     INMAN 
SQUARE   AMUSEMENT   COMPANY    FOR    CERTAIN    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Inman  Square  Amusement  Company,  a  corporation  dis- 
solved by  section  one  of  chapter  one  hundred  and  forty-eight 
of  the  acts  of  nineteen  hundred  and  thirtj'^-three,  is  hereby 
revived  for  a  period  of  two  years  from  the  effective  date  of 
this  act  or  for  such  longer  period  as  may  be  necessary  for 
the  sole  purposes  of  settling  or  prosecuting  claims  in  law 
or  equity,  collecting  and  disposing  of  assets  and  distributing 
the  proceeds  thereof  among  those  entitled  thereto;  provided, 
that  such  revival  shall  not  be  construed  as  vaHdating  or 
invalidating  any  act  of  said  corporation  prior  to  its  dis- 
solution. Approved  May  2,  1939. 


insurance. 


Acts,  1939.  —  Chaps.  170,  171.  139 


An  Act  further  defining  the  provisions  required  to  Qfidj)  yja 

BE   contained   in   POLICIES   OF  GROUP   LIFE   INSURANCE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section    one    hundred    and    thirty-four    of    chapter    one  g.  l.  (Ter. 
hundred  and  seventy-five  of  the  General  Laws  is  hereby  f  1'34/Jt^c.. 
amended  by  striking  out  provision  4,  as  amended  by  section  amended. ' 
three  of  chapter  three  hundred  and  sixty-two  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following  provision :  — 

4.  Except  in  the  case  of  a  policy  issued  under  subdivision  P^o^fJ^^'' 
(c)  of  section  one  hundred  and  thirty-three,  that  the  com-  '"°"""'"" 
pany  will  issue  to  the  employer,  for  delivery  to  each  employee 
whose  life  is  insured  under  the  policy,  an  individual  cer- 
tificate specifying  his  insurance  coverage  under  the  pohcy, 
the  amount  thereof  and  to  whom  payable,  together  with  a 
provision  to  the  effect  that,  in  case  of  the  termination  of  his 
employment  for  any  reason  whatsoever,  the  employee  shall 
continue  to  be  insured  for  a  period  of  thirty-one  days  there- 
after for  the  amount  of  the  death  benefit  in  force  at  the  date 
of  such  termination,  and  that  he  shall  be  entitled  to  have 
issued  to  him  by  the  company,  without  evidence  of  insur- 
abihty,  upon  appHcation  made  to  the  company  within  said 
period  of  thirty-one  days,  and  upon  the  payment  of  the 
premium  applicable  to  the  class  of  risk  to  which  he  belongs 
and  to  the  form  and  amount  of  the  pohcy  at  his  then  at- 
tained age,  an  individual  policy  of  life  insurance,  effective 
at  the  expiration  of  said  period,  in  any  one  of  the  forms  of 
life  pohcies  customarily  issued  by  the  company,  except  a 
term  policy,  for  an  amount  equal  to  the  amount  of  the 
insurance  in  force  on  his  life  under  the  group  pohcy  at  the 
date  of  such  termination.  Approved  May  2,  1939. 


An  Act  exempting  certain  contract  carriers  by  motor  Qhn^  171 

VEHICLE  FROM  THE  LAWS  REQUIRING  THE  FILING  OF  WRIT-  ^' 

TEN    COPIES    OF    CERTAIN    CONTRACTS    WITH    THE    DEPART- 
MENT  OF   PUBLIC   UTILITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  one  hundred  and  fifty-nine  B  of  <^'- 1-  (Ter. 
the  General  Laws,  as  appearing  in  section  one  of  chapter  f  7?euf!^^' 
four  hundred  and  eighty-three  of  the  acts  of  nineteen  hun-  ^imended. 
dred  and  thirty-eight,  is  hereby  amended  by  striking  out 
paragraph  (o)  and  inserting  in  place  thereof  the  following:  — 

(a)  Every  contract  carrier  by  motor  vehicle,  other  than  Contract 
contract  carriers  by  armored  motor  vehicles  of  bulhon,  cur-  exemption 
rency,  securities,  negotiable  and  non-negotiable  documents,  from  certain 
jewels,  and  other  precious  and  very  valuable  articles,  shall  Cnl^!°°^ 
file  with  the  department  a  copy  of  every  contract  for  the 
transportation  of  property  by  motor  vehicle  in  effect  in 
connection  with  its  operations,  which  shall  be  in  writing  and 
shall  be  executed  by  all  parties  thereto.    The  period  of  time 


140  Acts,  1939. —Chap.  172. 

during  which  such  contract  shall  be  in  force,  the  charges  for 
transportation  and  accessorial  service,  if  any,  and  the  duties 
and  obligations  of  all  parties  thereto,  shall  be  specifically 
stated  therein,  and  said  copies  shall  be  kept  on  file  in  the 
department,  but  not  open  to  public  inspection.  The  depart- 
ment may  also  in  its  discretion  require  all  contract  carriers 
to  file  schedules  of  their  minimum  charges,  each  of  which 
schedules  shall  contain  a  hst  of  all  parties  with  whom  con- 
tracts are  or  may  from  time  to  time  be  in  effect,  and  a  state- 
ment of  the  charge  for  each  service  performed  thereunder, 
without  designation  of  the  party  for  whom  the  same  are 
being  or  are  to  be  performed.  Such  schedules  shall  be  kept 
on  file  in  the  department  and  shall  be  open  to  public  in- 
spection. Any  change  in  such  minimum  charges  shall  be- 
come effective  not  less  than  thirty  days  after  the  fifing  of 
such  change  with  the  department;  provided,  that  the  de- 
partment may  in  its  discretion  and  for  good  cause  shown 
allow  such  change  to  become  effective  within  a  lesser  period. 

Approved  May  S,  1939. 

Chap.  17 2  An  Act  providing  for  the  permanent  custody  by  the 

METROPOLITAN   DISTRICT   COMMISSION   OF  THE   RECORDS   OF 
THE  TOWNS  OF  DANA,  ENFIELD,  GREENWICH  AND  PRESCOTT. 

Emergency  Whereds,    The  deferred  operation  of  this  act  would  in 

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: 

Section  fourteen  of  chapter  three  hundred  and  twenty-one 
of  the  acts  of  nineteen  hundred  and  twenty-seven,  as  amended 
by  section  five  of  chapter  two  hundred  and  forty  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  striking  out  all  after  the  word  "possible"  in 
the  twentieth  line  and  inserting  in  place  thereof  the  follow- 
ing :  —  Upon  the  final  liquidation  of  the  affairs  of  the  towns 
of  Dana,  Enfield,  Greenwich  and  Prescott,  the  commission 
shall  provide  a  suitable  place  for  the  preservation  of  the 
records  of  permanent  value  of  said  towns,  to  be  kept  by  the 
commission  at  its  administration  buildings  at  Belchertown 
until  the  completion  of  the  work  of  the  commission,  where- 
upon the  commission  shall  deliver  such  records  to  the  metro- 
politan district  commission  to  be  kept  and  preserved  by  it 
at  the  site  of  Quabbin  reservoir,  so  called,  for  public  con- 
venience. 

The  secretaries  of  the  respective  commissions  hereinbefore 
referred  to  having  custody  of  such  records,  or  such  other 
person  as  from  time  to  time  may  be  duly  authorized  thereto 
by  said  commissions,  respectively,  shall  upon  request  issue 
duly  authenticated  or  attested  copies  of  said  records,  and 
such  copies  shall  have  the  same  evidentiary  value  as  if  they 
had  been  issued  by  the  properly  authorized  officials  of  said 
towns,  respectively.  Approved  May  6,  1939. 


Acts,  1939.  —  Chaps.  173,  174.  141 


An  Act  authorizing  the  city  council  of  the  city  of  Chap. 17 S 

BOSTON,  with  the  APPROVAL  OF  THE  MAYOR,  TO  FIX  THE 
compensation  to  be  paid  for  CERTAIN  SERVICES  REN- 
DERED OR  WORK  PERFORMED  BY  SAID  CITY  OR  ANY  DE- 
PARTMENT  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  ninety-seven  of 
the  acts  of  nineteen  hundred  and  thirty-one  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following:  —  Section  1.  In  the  city  of  Boston 
the  city  council,  with  the  approval  of  the  mayor,  shall  have 
the  power  to  fix  the  fees  for  licenses  or  permits  for  which  a 
fee  is  collected  at  the  date  of  the  passage  of  this  act  under 
authority  of  statutes  then  existing  in  all  cases  where  the 
entire  proceeds  of  such  fees  form  part  of  the  income  of  the 
city,  but  excepting  fees  for  marriage  licenses  or  for  licenses 
granted  by  the  mayor  under  chapter  four  hundred  and 
ninety-four  of  the  acts  of  nineteen  hundred  and  eight  and 
its  am.endments  and  additions,  and  shall  also  have  the  power 
to  fix  the  compensation  to  be  paid  for  any  services  rendered 
or  work  performed  by  the  city  or  any  department  thereof 
for  any  person  or  class  of  persons  unless  such  service  is 
rendered  or  work  performed  as  part  of  the  general  services 
furnished  for  the  benefit  of  the  citizens  of  the  city  as  a 
whole.  Until  action  is  taken  under  this  act  in  respect  to 
any  fee  subject  to  its  provisions,  the  same  shall  remain  as 
established  on  said  date. 

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

Approved  May  5,  1939. 


An  Act  authorizing  the  carrying  of  certain  weapons  Chav  174 

BY  THE  PENAL  INSTITUTIONS  COMMISSIONER  OF  THE  CITY 
OF  BOSTON  AND  HIS  DEPUTY,  AND  BY  CERTAIN  OFFICERS 
IN    PENAL   AND    REFORMATORY   INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   one   hundred   and   forty-seven   of   the   General  ^dViTy^'ssA 
Laws  is  hereby  amended  by  striking  out  section  eight  A,  eic, 'amended. ' 
inserted  by  chapter  two  hundred  and  ninety-six  of  the  acts 
of    nineteen    hundred    and    thirty-eight,    and    inserting   in 
place  thereof  the  following :  —  Section  8 A .     A  sheriff,  any  sheriffs,  etc.. 
of  his  deputies,  and  any  officer  of  any  institution  under  the  J?^rtkfn"^ 
supervision  of  a  sheriff  if  so  authorized  by  him,  the  com-  weapons, 
missioner  of  correction,  and  the  deputy  commissioners  and 
any  other  officer  of  the  department  of  correction  or  of  any 
institution  under  its  supervision  if  so  authorized  by  said 
commissioner,  and  the  penal  institutions  commissioner  of 
the  city  of  Boston,  his  deputy,  and  any  officer  of  any  insti- 
tution under  the  supervision  of  said  penal  institutions  com- 
missioner if  so  authorized   by  him,   may  carry  revolvers, 


142 


Acts,  1939.  —  Chaps.  175,  176. 


clubs,  handcuffs  and  twisters  and  such  other  weapons 
are  necessary  in  the  performance  of  their  duties. 

Approved  May  5,  1939. 


G.  L.  (Ter. 
Ed.),  59,  §  11, 
etc.,  amended. 


Assessment 

of  taxes 

on  real  estate. 


Chap. 17 5  "^N    ^^'^   FURTHER   REGULATING    THE   ASSESSMENT   OF   TAXES 

ON   REAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-nine  of  the  General  Laws  is  hereby  further 
amended  by  striking  out  section  eleven,  as  most  recently 
amended  by  chapter  ninety-two  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following :  —  Section  1 1 .  Taxes  on  real  estate  shall  be 
assessed,  in  the  town  where  it  hes,  to  the  person  who  is  the 
owner  on  January  first,  and  the  person  appearing  of  record, 
in  the  records  of  the  county,  or  of  the  district,  if  such  county 
is  divided  into  districts,  where  the  estate  Hes,  as  owner  on 
January  first,  even  though  deceased,  shall  be  held  to  be  the 
true  owner  thereof;  provided,  that  whenever  the  commis- 
sioner deems  it  proper  he  may,  in  writing,  authorize  the 
assessment  of  taxes  upon  real  estate  to  the  person  who  is  in 
possession  thereof  on  January  first,  and  such  person  shall 
thereupon  be  held  to  be  the  true  owner  thereof  for  the  pur- 
poses of  this  section;  and  provided,  further,  that  whenever 
the  commissioner  deems  it  proper  he  may,  in  writing,  au- 
thorize the  assessment  of  taxes  upon  any  present  interest  in 
real  estate  to  the  owner  of  such  interest  on  January  first, 
and  taxes  on  such  interest  may  thereupon  be  assessed  to 
such  person.  Real  estate  held  by  a  religious  society  as  a 
ministerial  fund  shall  be  assessed  to  its  treasurer  in  the 
town  where  the  land  lies.  Buildings  erected  on  land  leased 
by  the  commonwealth  under  section  twenty-six  of  chapter 
seventy-five  shall  be  assessed  to  the  lessees,  or  their  as- 
signees, at  the  value  of  said  buildings.  Except  as  provided 
in  the  three  following  sections,  mortgagors  of  real  estate 
shall  for  the  purpose  of  taxation  be  deemed  the  owners  until 
the  mortgagee  takes  possession,  after  which  the  mortgagee 
shall  be  deemed  the  owner.  Approved  May  5,  1939. 


Chap. VI Q  An  Act  providing  that  the  care  and  control  of  one 

OR  MORE  general  BURIAL  GROUNDS  BE  TRANSFERRED  TO 
THE  METROPOLITAN  DISTRICT  COMMISSION  UPON  THE  COM- 
PLETION OF  THE  WORK  OF  THE  METROPOLITAN  DISTRICT 
WATER    SUPPLY   COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  nine  of  chapter  three  hundred  and  twenty-one  of 
the  acts  of  nineteen  hundred  and  twenty-seven  is  hereby 
amended  by  striking  out,  in  the  first  paragraph,  all  after 
the  word  "therefor"  in  the  twenty-second  line  and  insert- 
ing in  place  thereof  the  following :  —  Any  such  general  burial 
ground  or  grounds  shall,  upon  the  completion  of  the  work 


Acts,  1939. —Chap.  177.  143 

of  the  commission,  be  transferred  to  the  metropolitan  dis- 
trict commission  and  said  transfer  shall  include  the  transfer  of 
any  trust  funds  established  for  the  benefit  or  care  of  the  ceme- 
tery or  lots  therein  which  contained  remains  thus  removed 
to  such  general  burial  ground  or  grounds,  —  so  that  the 
said  paragraph  will  read  as  follows:  —  If  any  burial  ground, 
cemetery,  grave  or  place  of  human  burial  is  within  the  area 
taken  in  fee  by  the  commission,  or  is  located  so  near  to  the 
reservoir  or  other  waterway  as  to  be  liable  to  pollute  or 
reduce  the  quality  or  value  of  any  such  waters  as  a  potable 
water  supply,  the  commission  shall  remove  the  remains 
found 'in  any  such  burial  places.  The  commission  may 
agree  with  the  next  of  kin,  or  other  persons  having  the  right 
to  represent  or  dispose  of  such  remains,  as  to  the  place  or 
places  to  and  in  which  such  remains  shall  be  removed  and 
reinterred,  and  in  such  case  the  commission  may  pay  the 
reasonable  cost  of  a  burial  lot  and  shall  pay  the  expenses 
reasonably  necessary  for  such  removal,  including  the  removal 
and  resetting  of  the  gravestones,  monuments  and  markers 
of  such  graves.  In  any  case  where  such  next  of  kin  or  other 
persons  are  unknown  or  unascertainable,  or  where  there  is 
no  such  agreement,  the  commission  shall  furnish  a  place  or 
places  for  such  re  burials,  and  may  establish  a  general  burial 
ground  or  grounds  therefor,  and  subject  to  the  provisions  of 
section  thirty-five  of  chapter  one  hundred  fourteen  of  the 
General  Laws,  may  acquire  by  purchase  or  otherwise  as 
provided  by  this  act  any  lands  needed  therefor.  Any  such 
general  burial  ground  or  grounds  shall,  upon  the  completion 
of  the  work  of  the  commission,  be  transferred  to  the  metro- 
politan district  commission  and  said  transfer  shall  include 
the  transfer  of  any  trust  funds  established  for  the  benefit  or 
care  of  the  cemetery  or  lots  therein  which  contained  remains 
thus  removed  to  such  general  burial  ground  or  grounds. 

Approved  May  5,  1939. 


An  Act  clarifying  the  law  relative  to  the  non-support  Chap. 117 
OF  a  wife  by  her  husband. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  two  hundred  and  gj^-^Ter 
seventy-three  of  the   General   Laws,   as  appearing  in  the  ameAded.' 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  sixth  line,  the  word  "or"  the  first  time  it  occurs  and 
inserting  in  place  thereof  the  following: — ,  whether  living 
with  him  or  living  apart  from  him  for  justifiable  cause,  or  of 
his,  —  so  as  to  read  as  follows :  —  Section  1 .    Any  husband  '^un^hmenT^ 
or  father  who  without  just  cause  deserts  his  wife  or  minor  ^""'^  ^^^ ' 
child,  whether  by  going  into  another  town  in  the  common- 
wealth or  into  another  state,  and  leaves  them  or  any  or  either 
of  them  without  making  reasonable  provision  for  their  sup- 
port, and  any  husband  or  father  who  unreasonably  neglects 
or  refuses  to  provide  for  the  support  and  maintenance  of  his 


144  Acts,  1939. —Chap.  178. 

wife,  whether  living  with  him  or  Hving  apart  from  him  for 
justifiable  cause,  or  of  his  minor  child,  and  any  husband  or 
father  who  abandons  or  leaves  his  wife  or  minor  child  in 
danger  of  becoming  a  burden  upon  the  public,  and  any 
mother  who  deserts  or  wilfully  neglects  or  refuses  to  provide 
for  the  support  and  maintenance  of  her  child  under  the  age 
of  sixteen,  and  any  parent  whose  minor  child  by  reason  of 
the  neglect,  cruelty,  drunkenness,  habits  of  crime  or  other 
vice  of  such  parent  is  growing  up  without  education,  or 
without  salutary  control,  or  without  proper  physical  care, 
or  in  circumstances  exposing  such  child  to  lead  an  idle  and 
dissolute  life,  shall  be  punished  by  a  fine  of  not  mol-e  than 
two  hundred  dollars  or  by  imprisonment  for  not  more  than 
one  year,  or  both.  No  civil  proceeding  in  any  court  shall  be 
held  to  be  a  bar  to  a  prosecution  hereunder  for  desertion  or 
non-support.  In  a  prosecution  hereunder  for  desertion  or 
non-support  against  a  husband,  a  decree  or  judgment  of  a 
probate  court  in  a  proceeding  in  which  the  husband  ap- 
peared or  was  personally  served  with  process,  establishing 
the  right  of  the  wife  to  live  apart,  or  her  freedom  to  convey 
and  deal  with  her  propertj^  or  the  right  to  the  custody  of 
the  children,  shall  be  admissible  and  shall  be  prima  facie 
evidence  of  such  right. 
Effoctive  Section  2.     This  act  shall  take  effect  on  September  first 

in  the  current  year.  Approved  May  5,  1939. 

Chap. lis  An   Act   relative   to   the   suspension   of   the   taking 

EFFECT    OF    PROPOSED    RATES,    PRICES    AND    CHARGES    FOR 
THE  SALE  AND  DISTRIBUTION  OF  GAS  AND  ELECTRICITY. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  164,  §  94, 
amended. 


Whereas,  The  deferred  operation  of  this  act  would  in  part 
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  ninety-four  of  chapter  one  hundred 
and  sixty-four  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  thirty-second  line,  the  words  "but  not  for  a  period 
longer  than  six  months",  and  inserting  in  place  thereof  the 
words:  —  from  time  to  time,  but  not  for  a  period  longer 
than  ten  months,  —  so  that  the  paragraph  contained  in  the 
twenty-ninth  to  the  thirty-seventh  Hues,  as  so  appearing, 
will  read  as  follows :  —  The  department  may  investigate  the 
taWnreffect  propriety  of  any  proposed  rate,  price  or  charge  and  may, 
pending  such  investigation  and  decision  thereon,  by  order 
served  upon  the  company  affected  thereby,  suspend  the 
taking  effect  thereof,  from  time  to  time,  but  not  for  a  period 
longer  than  ten  months  beyond  the  time  when  such  rate, 
price  or  charge  would  otherwise  become  effective.  An  order 
by  the  department  directing  a  change  in  any  schedule  filed 
shall  have  the  same  effect  as  if  a  schedule  with  such  changes 


Rates, 


Acts,  1939.  —  Chap.  179.  145 

were  filed  by  the  company,  and  shall  become  effective  from 
such  time  as  the  department  shall  order. 

Section  2.    Section  one  shall  apply  to  schedules  of  pro-  Temporary 
posed  rates,  prices  and  charges,  or  any  combination  thereof,  p'"°^'^'°'^*- 
filed  with  and  pending  the  investigation  and  decision  of  the 
department  of  public  utilities  on  the  effective  date  of  this 
act.  Approved  May  8,  1939. 

An  Act  dissolving  certain  corporations.  Chap. 179 

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  1.  Such  of  the  following  named  corporations  as 
are  not  already  legall}'-  dissolved  are  hereby  dissolved,  sub- 
ject to  the  provisions  of  sections  fifty-one,  fifty-two  and 
fifty-six  of  chapter  one  hundred  and  fifty-five  of  the  Gen- 
eral Laws :  — 

A.  A.  Rowe  &  Son  Company,  A  &  A  Motor  Transporta- 
tion Co.,  Inc.,  A  &  C  Finance  Co.,  Inc.,  A.  B.  &  S.  Cement 
&  Rubber  Co.,  A.  B.  Conant  &  Co.,  Inc.,  A.  C.  Hayden 
Company,  A.  F.  Clark,  Inc.,  A.  H.  Loehr,  Inc.,  A.  Hun 
Berry. Fan  Company,  A.  J.  Contracting  Corp.,  A.  J.  Norris 
Hill  Co.,  Inc.,  A.  Joncaire,  Inc.,  A.  L.  Eastman  Company, 
A.  M.  Stearns  Lumber  Company,  A.  Martin,  Inc.,  A.  Siegel 
&  Co.  Inc.,  A.  W.  Perry  Realty  Company,  Academy  Gar- 
age &  Motors,  Inc.,  Ace  Auto  Stores  Inc.,  Ace  Leather 
Goods  Co.,  Inc.,  Acker-Bullock  Company,  Acme  Building 
Maintenance,  Inc.,  Acme  Coal  Company,  Inc.,  Acme  Trad- 
ing Corporation,  Adams  Drug  &  Chemical  Co.,  Adco  Sales 
Corporation  of  Massachusetts,  Advance  Oil  Burner  Com- 
pany, Incorporated,  Adventure  Expeditions,  Inc.,  Affiliated 
Sculptors,  Inc.,  Agency  Finance  Corporation,  Agostini  & 
Hayes,  Incorporated,  Aguila  Mining  Company,  Incorpo- 
rated, Albee  Engineering  Corporation,  Albert  L.  Baker, 
Inc.,  Albert  Nelson,  Inc.,  Algonquin  Engraving  Company, 
Algonquin  Motors  Inc.,  Allen  Stationery  Company,  Inc., 
Allied  Mfg.  Co.,  Inc.,  Alhson  Drug  Manufacturing  Com- 
pany, Alvena  Corporation,  The,  Amalgamated  Chemical 
Co.  Inc.,  American  and  International  Products  Co.,  Ameri- 
can Armored  Car  Corporation,  American  Awning  &  Tent 
Co.,  American  Braiding  Co.,  American  Decorating  Com- 
pany Inc.,  American  Distilling  Company  of  New  England, 
The,  American  Handibag  Company,  American  League  Foot- 
ball Club  of  Boston,  Inc.,  American  Neckwear  Company, 
Inc.,  American  Neon  Sign  Company,  Inc.,  American  Pro- 
fessional Football  League,  Inc.,  The,  American  Shoe  Ma- 
chinery Company,  American  Window  Cleaning  Company 
of  Holyoke,  Mass.,  American  Yeast  Company,  Inc.,  Am- 
herst Cleansers  and  Dyers,  Inc.,  Amherst  Creamery  Com- 


146  Acts,  1939. —Chap.  179. 

pany,  The,  Amherst  Dairy  Supply  Company,  Inc.,  Amko 
Department  Stores,  Inc.,  Amory-Hill  Corporation,  Amsden 
&  Barnard  Inc.,  Anar  Realty,  Inc.,  Andover  Garage  Co., 
Antonellis  &  Sons  Co.,  Appleton  Laundries,  Inc.,  Applied 
Industries,  Inc.,  Approved  Wayside  Stations,  Inc.,  The, 
Arbeka  Webbing  Company,  Arcade  Smelting  &  Refining 
Corporation,  Arcadia  Market  Inc.,  Arlington  Builders  As- 
sociation Incorporated,  Arlmont  Housing  Corporation, 
Armored  Tube  Company,  Arrow  Wholesale  Drug  Co.  Inc., 
Art  Collectors,  Inc.,  Arthur  A.  Walsh  Co.,  Arthur  Flynn's 
Grille  Inc.,  Arthur  H.  Gammon,  Inc.,  Artisans  Supply  Serv- 
ice, Inc.,  Artistic  Parlor  Frame  Company,  Inc.,  Arvon 
Manufacturing  Co.,  Inc.,  Asbestos  Fireproof  Supply  Co., 
Ashfield  Farmers'  Cooperative  Exchange,  Ashley  Blouse  & 
Dress  Co.,  Inc.,  Associate  Investment  Company,  Associated 
Master  Beauticians  Inc.,  Associated  Music  Service  Inc., 
Association  of  American  Arts,  Inc.,  Assurance  Investment 
Corporation,  Atlantic  Hardware  Company,  Atlantic  Illumi- 
nating Corp.,  Atlantic  Mfg.  &  Sales  Co.,  Inc.,  Atlantic  Wool 
Company,  Inc.,  Atlas  Specialty,  Inc.,  Attleboro  Braiding 
Co.,  Atwater  Knitting  Company,  Inc.,  The,  Auburn  Tex- 
tile Company,  Auburnvale  Realty  Company,  Autelec  Com- 
pany, The,  Auto-Jigger  Manufacturing  and  Sales  Company, 
Inc.,  Automatic  Amusement  Company,  Inc.,  Automatic 
Food  Equipment,  Inc.,  Avena  Shops,  Incorporated,  The, 
Avery  Amusement  Company,  Inc.,  Avery  Japanning* Com- 
pany, Avolater  Corporation,  Avon  Bag  Company,  Inc., 
Ayer  United  Cleaners  &  Dyers,  Inc. 

B  &  B  Amusement  Enterprises,  Inc.,  B  &  S  Discount  Corp., 
B.  B.  D.  S.  Corporation,  B.  F.  Blodgett  Co.,  B.  F.  Waldron, 
Inc.,  B.  F.  White  Investment  Company,  Inc.,  B.  Frank's 
Bakery  Inc.,  B.  K.  P.  Inc.,  B.  of  C.  B'ld'g.,  Inc.  (1929), 
"Back  Number"  Wilkins  Inc.,  Badminton  Equipment  Com- 
pany, Bailey  Gibbs  Cranberry  Company,  Baker  Tire  &  Bat- 
tery Co.,  Bakirakis  Restaurants  Inc.,  Balboni's  Norwood  & 
Boston  Express,  Inc.,  Bar-B-Frank  Corporation,  Barilone 
Sons  Construction  Co.,  Barker-Meader  &  Co.  Inc.,  Barnett 
&  Son  Furn.  Co.,  Barry  Furniture  Company,  Barry's  Phar- 
macy, Inc.,  Barsam  Brothers,  Inc.,  Basil  F.  Hutchins,  Inc., 
Bass  Point  House,  Inc.,  Bay  Farm  Company,  The,  Bay 
State  Auto-Parts  Company  (Incorporated),  Bay  State  Metal 
Products  Corporation,  Bay  State  Restaurant  Supply,  Inc., 
Beach  Amusement  Company,  Beacon  Battery  Supply  Co., 
Beacon  Color  &  Chemical  Company,  Beacon  Fisheries  Com- 
pany, Beacon  Motor  Express,  Inc.,  Beacon  Steam  Laundry 
Company,  Beacon  Supply  Co.,  Beacon  Theatre,  Inc.,  Beacos 
Advertising  Company,  The,  Becker  Brothers  Shoe  Company, 
Becker  Plumbing  and  Heating  Co.,  Becket  Shoe  Co.  Inc., 
Bedford  Drapery  Company,  Inc.,  Beech  Auto  Parts  Com- 
pany, Inc.,  Bell  Shoe  Stores,  Inc.,  Belmont  Battery  Station 
Inc.,  Belmont  Pharmaceutical  Inc.,  Belmont  Super-Service 
Station,  Inc.,  Ben  Gainsborg  Company,  Benjamin  Steinberg 
Construction  Co.,  Bennington  Corporation,  The,  Benotti's 


Acts,  1939. —Chap.  179.  147 

Market,  Inc.,  Benson  Auto  Renting  Company,  Bergstrom 
Keg  Lining,  Inc.,  Berkshire  Community  Mortgage  Loan 
Corporation,  Berkshire  Flour  &  Grain  Company,  Inc.,  Berk- 
shire Hills  Oil  Co.,  Berkshire  Morris  Plan  Company,  The, 
Berkshire  Real  Estate  Company,  Berlin  Shoe  Company, 
Bessbrook  Realty  Company,  Best  Botanical  Supply  Com- 
pany, Beylick  &  Schaeffer,  Inc.,  Bianchi  Bros.  Inc.,  Big 
Chief  Inc.,  Binder  Bros.  &  Olans,  Inc.,  Bixby  Realty  Com- 
pany, Black  Cat  Filling  Station  Inc.,  Blackstone  Realty  Co., 
Blaisdell  Confectionery  Company,  Blajon  Chemical  Co., 
Bloom  Wool  Stock  Corporation,  Blue  Anchor  Coffee  Shops, 
Inc.,  Blue  Button  Inc.,  The,  Blue  Diamond  Company,  Blue 
Hills  Bus  Lines  Inc.,  Blue  Jay  Cleansers,  Inc.,  Blue  Taxi 
Service,  Inc.,  Bob  Gordon  Coat  Company,  Bond  Jewelry 
Co.,  Boston  Baby  Carriage  Mfg.  Co.,  Boston  Bay  Fillet  Co., 
Boston  Building  Wrecking  Co.,  Boston  Can  Company  Inc., 
Boston  City  Hall  News,  Inc.,  Boston  Cleanser  Co.,  Inc., 
Boston  Daily  &  Sunday  News,  Inc.,  Boston  District  De- 
veloping Corporation,  Boston  Engineering  Company,  Inc., 
Boston  Excelsior  Co.,  Inc.,  Boston  Ice  Company,  The  (1893), 
Boston  Lumber  Inspectors'  Association,  Inc.,  Boston  Ma- 
chine Knife  &  Grinding  Co.,  Inc.,  Boston  Marine  Stores, 
Inc.,  Boston  Market,  Inc.,  Boston  Marshmallow  Company, 
Boston  Motor  Fuels  Co.  Inc.,  Boston  Nickel  Plating  Com- 
pany, Boston  Paper  Supply  Co.  Inc.,  Boston  Printing  Press 
&  Machinery  Co.,  Boston  Retail  Fuel  Association,  Inc., 
Boston  Ring  &  Gasket  Co.,  Boston  Royal  Cafe,  Inc.,  Boston 
Steel  Warehouse  Co.,  Inc.,  Boston  Underwear  Mfg.,  Inc., 
Boston-Utica  Motor  Lines,  Inc.,  Boulevard  Auto  Company, 
Bowdoin  Square  Garage  Company,  Bowen's  Inc.,  Bowers 
Can  Seal  Company,  Boylston  Fur  Co.,  Inc.,  Bradley  Shops, 
Inc.,  Brake  Gage  Manufacturing  Co.,  Inc.,  Bratley  Con- 
struction Co.,  Inc.,  Breckwood  Real  Estate  Company,  Bridge 
Auto  Mart,  Inc.,  Bridge  Motor  Sales  Inc.,  Bright  Star  Stove 
Supply  Co.  Inc.,  Brighton  Dressed  Meat  Company,  Broad- 
way Laundry,  Inc.,  Brockton  Finance  Corporation,  Brock- 
ton Ideal  Shoe  Corporation,  Brockton  Products,  Inc.,  Brock- 
ton Shoe  Manufacturing  Corporation,  Brokers  Acceptance 
Corporation,  Bromo-Aspirin  Co.,  Brook-Line  Hat  Company, 
Inc.,  Brouillard's  Diner,  Inc.,  Brown  Automobile  Company, 
Bruce  and  Warner's  Express  Incorporated,  Bruno  Construc- 
tion Co.  Inc.,  Brunswick  Recreation  Rooms  Inc.,  The,  Build- 
ing Maintenance  Publishing,  Inc.,  Burger-Shean  Company, 
The,  Burgess  Transportation  Co.,  Burroughs  Motor  Sales 
Corporation,  Business  Research  Agency,  Inc.,  Butterfield 
Travel  Company,  Inc.,  Buttrick  Lumber  Corporation,  Byer 
Manufacturing  Co.,  Inc. 

C  &  D  Transportation  Corp.,  C.  &  M.  Construction  Co., 
C.  &  W.  Fisheries  Co.,  C.  D.  Cummings  &  Sons  Co.,  C.  D. 
Parker  &  Co.  Incorporated,  C.  E.  Holman  Company,  C.  E. 
Scuddcr  Corporation,  C.  F.  Anderson  &  Son,  Inc.,  C.  F. 
Cameron  Company,  C.  G.  Aldrich  Company,  C.  J.  Prince 
Company,  C.  W.  Muldoon,  Inc.,  Cable  Guide  Railing  Con- 


148  Acts,  1939. —Chap.  179. 

struction  Corporation,  Cabot  Radio  Corporation,  Cafe 
Rendezvous  Inc.,  California  Oil  Co.  Inc.,  Calmont  Com- 
pany, Cambridge  Carpet  Company,  Cambridge  Park  Motor 
Co.,  Inc.,  Cambridge  Realty  Company,  Camenker  Shoe  Co., 
Inc.,  The,  Cameo  Shoppes,  Inc.,  Cammann  Manufacturing 
Company,  Inc.,  Campbell's  Pharmacy,  Inc.,  Campello 
Realty  Corporation,  Candy  Syndicate,  Inc.,  Candyland 
Shop,  Inc.,  Capitol  Discount  Corporation,  Capitol  Whole- 
sale Grocers  Inc.,  Caplan  Company,  Inc.,  Caputo  Real  Es- 
tate Co.,  Inc.,  Carl  B.  Fitton  Co.,  Caron  &  Harrison  Granite 
Co.,  Casa  Torre  Pisa  Restaurant,  Inc.,  Casten  &  Gossthn, 
Inc.,  Castle  Hill  Farms  Development  Company,  Cavigioli 
Packing  Co.,  Inc.  (June  2,  1938),  Central  Buying,  Inc.,  Cen- 
tral Cafe,  Inc.,  Central  Distributors,  Inc.,  Central  Hardware 
Company,  Certified  and  Dated  Egg  Company,  Inc.,  Certi- 
fied Silver,  Incorporated,  Chamberlin-Baker,  Inc.,  Chap- 
man Company,  Charles  E.  Pettee,  Inc.,  Chas.  F.  Brown, 
Inc.,  Charles  Fitch  Company,  The,  Charles  Holmes  Leather 
Working  Machinery  Company,  Charles  Olins,  Inc.,  Charles 
River  Garnetting  Mills,  Inc.,  Charles  W.  Arnold  &  Com- 
pany, Corporation,  Charlestown  Brake  and  Frame  Alignment 
Company,  Incorporated,  Charlesview  Trust  Incorporated, 
Charl's  Sandwich  Shop,  Inc.,  Charlton-Johnson,  Inc., 
Charnel  Company,  Inc.,  Chausse's  Funeral  Home,  Inc., 
Cherry  Valley  Textile  Co.,  Inc.,  "Chic-Maid"  Coat  Co., 
Inc.,  Chicopee  Falls  Public  Market,  Inc.,  Cine  Sound 
Studios,  Inc.,  Circle  Lounge,  Inc.,  City  &  Suburban  Realty 
Co.  Inc.,  City  Filling  Stations,  Inc.,  City  Used  Trucks  & 
Parts  Co.,  Inc.,  Claflin-Chamberlain,  Inc.,  Clarendon  Liquor 
Store,  Inc.,  Clayton,  Bell  Co.  Inc.,  Clematis  Laboratories 
Inc.,  Clement  Realty  Co.,  Inc.,  Cler-0  Products  Co.,  Clinton 
Distilleries  Corporation,  Clinton  Toy  Company,  Coast  Line 
Express  Inc.,  Cobweb  Tavern,  Inc.,  Codmans  Department 
Stores,  Inc.,  Coffee-Pot,  Incorporated,  The,  Colella  Inc., 
Colgate  Shoe  Co.,  Inc.,  Coilamore  Woodworking  Co.,  Inc., 
Colloten  Maternity  Hospital,  Inc.,  Colonial  Lunch  Rooms 
Incorporated,  "Colonial  Maid"  Ice  Cream  Co.,  Inc.,  Colo- 
nial Operating  Co.,  Columbia  Airlines,  Inc.,  Columbia  Auto 
Exchange  Co.  Inc.,  Columbia  Cleansers  &  Dyers  Inc., 
Comet  Market,  Inc.,  The,  Commercial  Bankers  of  Boston, 
Inc.,  Commercial  Equities  Company,  Commercial  Oil  Com- 
pany, Commercial  Oil  Sales,  Inc.,  Commercial  Refrigeration, 
Inc.,  Commonwealth  Properties,  Inc.,  Community  Mort- 
gage Finance  Corp.,  Concrete-Wood  Floor  Clip  Co.,  Inc., 
Consolidated  Wholesale  Fruit  Co.,  Inc.,  Constructive 
Credit  Service  Incorporated,  Consumer-Aid  Publishing 
Co.  Inc.,  Continental  Company,  Continental  Insurance 
Underwriters,  Inc.,  Continental  Produce  Co.,  Converse 
Motors,  Incorporated,  Coogan  &  Sons,  Incorporated,  Co- 
operative Wholesale  Tobacconists,  Inc.,  Corey  Electric 
Supply  Company,  Inc.,  Cornhill  Loan  Co.,  Cosgrove 
Bakers,  Inc.,  The,  Cosmos  Food  Stores,  Inc.,  Court  Cafe, 
Inc.,  The,  Cove  Realty  Company,  Craddock  Linen  Service 


Acts,  1939. —Chap.  179.  149 

Inc.,  Crazy  Water  Crystals  Company,  Credit  Finance 
Corporation,  Crispy  Baking  Company,  Inc.,  The,  Cross 
Dry  Goods  Company,  The,  Cross  Woolen  Co.,  Inc., 
Crown  Millinery  Corporation,  Cummins  Clothing  Co., 
Curley  Lumber  Co.,  Inc.,  The,  Custom  Shoe  Company. 

D.  A.  &  L.  Co.,  Inc.,  Daignault's  Express,  Inc.,  Daljar 
Manufacturing  Co.,  The,  Daman  Shoe  Corporation,  Damon 
Realty  Company,  Danby  Realty  Corporation,  Daniel  Es- 
tates Inc.,  Daniel  L.  Shea  Inc.,  Danvers  Community  Asso- 
ciation, Inc.,  Dartreal  Corporation,  David  Albert,  Inc., 
Davis  Drugs,  Inc.,  Day  Company  of  Boston,  Day  Moun- 
tain Camp,  Inc.,  Daylight  Bakery,  Inc.,  Daylight  Illumi- 
nating Corporation,  DeLong  Gum  Co.,  Dealy  Sales,  Inc., 
Debonair,  Incorporated,  Dee's  Flexity  Stain  Co.,  Del  Monte's 
Operating  Company,  Del  Rio  Plantations  Incorporated, 
Dennison  Airport  Corporation,  Dental  Engineering  Cor- 
poration, Deskor  Chair  Sales  Corporation,  Devon  Manu- 
facturing Company,  Dexter  Associates,  Inc.,  Digest  Pub- 
Hshing  Corporation,  Dineen  Rubber  Chain  Co.,  Inc.,  Direct 
Consumers  Advertising,  Inc.,  Dixieland  Restaurant  Inc., 
Dixon's,  Inc.,  Do-Sheer  Company,  Inc.,  Doane-Gassett, 
Inc.,  Dr.  Brown's  Beverage  Corporation  of  New  England, 
Dr.  Hewson  Dental  Company,  Dolan's  Drug  Store,  Incor- 
porated, Dolly  Madison  Ice  Cream  Company,  Inc.,  Do- 
menico's  Tire  Service,  Inc.,  Domestic  Foods,  Inc.,  D'Orlando 
&  Co.,  Inc.,  Dotton's  Inc.,  Dover  Shoe  Co.,  Inc.,  Dover 
Street  Clinic,  Inc.,  The,  Dow  Lumber  Company,  Down 
East  Food  Company,  The,  Downie  Laboratories,  Inc., 
Downs  Pharmacy,  Inc.  (1922),  Draft-Rite  Distributors  Inc., 
Draper-Hamilton  Co.,  Inc.,  Drummond  Brothers  Inc., 
Ducharme  Machine  and  Foundiy  Corporation,  Duck  Tent 
Inc.,  The,  Dunbar  &  Sons,  Inc.,  Dunham  Bowhng  and 
Playground  Corp.,  Dwightstate  Company. 

E.  B.  Oakes  Sales  &  Service  Incorporated,  E.  Bevelander 
Company,  E.  C.  Murphy,  Inc.,  E.  Conners  &  Co.,  Inc.,  E. 
G.  Woodman  Shoe  Co.,  Inc.,  E.  J.  Butler  &  Co.,  Inc.,  E.  J. 
Byron  Co.,  E.  J.  De  Lorenzo  Company,  Inc.,  E.  J.  Owen 
Hardware  Company,  E.  J.  Sokoll  Company,  E.  M.  Loew's 
Pawtucket  Theatres,  Inc.,  E.  R.  Corset  Company,  E.  R. 
Whitman  Company,  The,  E.  S.  Sparrow  Co.,  E.  T.  Barrett 
Co.,  E.  Ulin  &  Company  Inc.,  E.  V.  F.  A.  Corporation,  East 
Boston  Tunnel  Company,  East  Carver  Cranberry  Company, 
East  Coast  Junk  Co.,  Inc.,  East  Milton  Market  Inc.,  Eastern 
Feldspar  and  Mining  Association,  Inc.,  Eastern  Hotels,  Inc., 
Eastern  Motor  Terminal,  Inc..  Eastern  Products  Company, 
Eastern  Restaurant  Company,  Inc.,  Eastern  Screen  Print- 
ing Co.,  Inc.,  Eastern  Thread  Company,  Easy  Sales  &  Serv- 
ice Agency  Incorporated,  Eaton  &  Besse  Market  Inc., 
Eaton's  Garage  Company,  Ebling  Distributing  Company, 
Inc.,  The,  Echo  Valley,  Inc.,  Economy  Hardware  Company, 
Economy  Kosher  Meat  Market,  Inc.,  Economy  Upholstering 
&  Furniture  Co.,  Inc.,  Edison  Chemical  Co.,  Inc.,  Edward 
O.  Brown  Co.,  Egg  Producers,  Inc.,  Egleston  Square  Ath- 


150  Acts,  1939. —Chap.  179. 

letic  Club,  Inc.,  Eichorn  Harriss  Company,  El  Placer  Com- 
pany, The,  Elcroft  Farms  Inc.,  Electrical  Estimating  Bureau 
Inc.,  Electrical  Sales  and  Engineering  Corporation,  "Eliza- 
beth's Nut  and  Chocolate  Co.,  Inc.,  Ellgood  Corporation, 
The,  Elliott  Roofing  Company,  Incorporated,  Elliott  Wis- 
brod  Company,  Inc.,  Elmore  Associates,  Inc.,  Elton  M. 
Eldredge,  Inc.,  Emerson-Ward,  Inc.,  Empire  Fruit  Com- 
pany, Empire  Paper  Products  Co.,  Empire  State  Express, 
Inc.,  Employees  Securities  Corporation,  Employees  Trust 
Incorporated,  Emrulo  Corporation,  Enclavial  Co-operative 
Company,  Engineering  Equipment  Corporation,  Engle 
Realty  Corporation,  Enn-Ess,  Inc.,  Eric  E.  Essen,  Inc., 
Erskin  Textile  Company,  Esrom  Company,  The,  Essex 
Apparel  Co.,  Inc.,  Essex  Army  and  Navy  Store,  Inc  ,  Essex 
Brewing  Company,  Inc.,  Essex  Cash  Market,  Inc.  (1922), 
Essex  Ferrule  Co.,  Essex  Radio  Corporation,  Essex  Trading 
Corporation,  Esther  M.  Barlow  Jewelry  Shop,  Incorporated, 
Eureka  Split  Ball  Bearing  Co.,  Ever  Ready  Laboratories, 
Inc.,  Everett  Auto  Station,  Inc.,  Everett  Contract  Stitch- 
ing Room,  Inc.,  Everett  Dye  House,  Inc.,  Everett  Gazette 
Publishing  Company,  Incorporated,  Everett  Realty  Com- 
pany, Exhibitions  Corporation,  The,  Ezbon  Wheeler, 
Incorporated,  Ezee-Off  Products  Co. 

F.  Antippas  Inc.,  F.  E.  Powers  Company,  F.  H.  Page 
Company  (1923),  F.  Johnson  Company,  F.  N.  Creed  Com- 
pany, F.  W.  Jackson,  Inc.,  F.  W.  Rauskolb  Company,  Fader 
Bros.  Inc.,  Fairburn's  Incorporated,  Fairhaven  Associates, 
Inc.,  Fairmount  Trust,  Inc.,  Fairwood  Knitting  Mills,  Fall 
River  Laundry  Company,  Falmouth  Farms  Inc.,  Famous 
Door,  Inc.,  The,  Farmelant  Milling  Company,  Farnham 
Nelson  Company,  The,  Fay-Pillsbury  Co.,  Inc.,  The,  Fed- 
eral Securities  Corporation,  Federal  Upholstered  Furniture 
Co.,  Inc.,  Feld  Drug  Company,  Fenimore  Homes,  Inc., 
Fenway  Cleaners  &  Dyers,  Inc.,  Fenway  Grill,  Inc.,  Fen- 
way Hospital  (Incorporated),  Fibrecraft  Inc.,  Fidelity 
Broadcasting  Corporation,  Fidelity  Specialty  Company, 
Fiduciary  Management  Corporation,  Field's  Corner  Phar- 
macy, Inc.,  Fifteen  Broad  Street,  Inc.,  Filmart  Corp.  of 
New  England,  Fire  Protection  Products  Inc.,  Fireproof 
Homes,  Inc.,  First  Distillers  Corporation,  Fischer  Corpora- 
tion, The,  Fishermen's  Distributing  Corporation,  Fisher's 
Men's  Store,  Inc.,  Fitchburg  Coal  Company,  Fitchburg 
Hudson-Terraplane  Co.,  Fitchburg  Model  Homes,  Inc., 
Fogg's  Garage  Inc.,  Fordham  Pharmacy,  Inc.,  40-Fathom 
Fish  Company,  40-Fathom  Sales  Company,  Forty  Main 
Street  Corporation,  The,  Foster  &  Company  Inc.,  Foster 
Shoe  Co.,  Fox  Shoe  Company,  Foxboro  Men's  Store 
Inc.,  Frame  Motors,  Inc.,  Framingham  Auto  Spring  Serv- 
ice, Inc.,  Frank  and  Murry's,  Inc.,  Frank  D.  Foster,  Inc., 
Frank-Martin  Corporation,  Frank  Orlando  Construction  Co., 
Frank  S.  Mason,  Inc.,  Franklin  Appliance  Co.,  Inc.,  Frank- 
lin C.  Graham,  Incorporated,  Frankhn-Holyoke  Co.,  Frank- 
lin   Lending    Libraries,    Inc.,    Franklin    Lunch    Co.,    Inc., 


Acts,  1939.— Chap.  179.  151 

Franklin  Pharmacy,  Inc.,  Franklin  Trust  of  New  England, 
Inc.  (1930),  Frank's  Department  Store,  Inc.,  Frank's  Pent- 
house, Inc.,  Fred  E.  Dowaliby,  Inc.,  Fred  Immar,  Inc., 
Fred  S.  Brewer,  Inc.,  Fred  W.  Peabody,  Inc.,  Frederic  J. 
Crosby  Inc.,  Freeman's  Inc.,  Fridgrite  Associates,  Inc., 
Frost  Drug  and  Chemical  Company,  Incorporated,  The, 
Fubler's  Pharmacy,  Inc.,  Fuel  Distributors  Inc.,  Fuller's 
Drug  Stores,  Inc.,  Full  vision  Outdoor  Advertising  Corpora- 
tion, Fulton  Fast  Freight  Co.,  Furnans  Yacht  Agency,  In- 
corporated, The,  Furniture  Shops  Inc. 

G.  A.  Henneberry  Co.,  G.  and  D.,  Inc.,  G.  Ferullo,  In- 
corporated, G.  W.  Thompson  Co.,  Inc.,  G.  Wilbur  Thompson, 
Inc.,  Gaetano  Centrella,  Inc.,  Gamma  Beta  Associates,  Inc., 
Ganshaw  Company,  Garden  Realty  Company,  The,  Gardner 
Airport,  Incorporated,  Gardner  Pad  Company,  Garrison  Spa 
&  Delicatessen  Co.,  Inc.,  Garrity  Company,  Geffen-Weene 
Bag  Company,  General  Acceptance  Corporation,  General 
AppHance  Co.,  Inc.,  General  Drug  &  Oil  Co.,  Inc.,  General 
Engineering  Co.,  Inc.,  General  Metal  Co.,  Inc.,  General 
Super  Service  of  Boston,  Inc.,  General  Super  Service  of 
Newton,  Inc.,  General  Theatre  Corporation,  George  C. 
Miller  &  Co.,  Inc.,  Geo.  E.  Lawrence  Co.  Inc.,  George  E. 
Marsters  Company,  Inc.,  Geo.  F.  Searles  &  Sons,  Inc., 
George  H.  Dyson  Inc.,  George  Henry,  Inc.,  George  Kinnell 
Realty  Company,  George  M.  Graves  Company,  Inc.,  The, 
George  Manufacturing  Co.,  Inc.,  The,  Giesberg  Clothing  Co., 
Gifford  Screw  Products  Company,  Gil-Mar  Shelfkc  Companj^, 
Inc.,  Gillies  &  Sons,  Inc.,  Gilman  Scrap  Iron  and  Metal  Co. 
Inc.,  Giroux  Dairy,  Inc.,  Glandore  Cafe,  Inc.,  Gleason  Engi- 
neering Corporation,  Glenmere  Shoe  Co.,  Inc.,  Globe  Cafe, 
Inc.,  The,  Gnome  Beverage  Company,  Gobler  Corporation, 
The,  Goff  &  Mencow,  Inc.,  Goldenrod  Brewery,  Inc.,  Goliad 
Oil  Company,  Goodhue  Company,  The,  Gorham  &  Pratt, 
Inc.,  Gorney  Beauty  Parlors,  Inc.,  Grandy's  Flowers,  Inc., 
Granite  Avenue  Garage,  Inc.,  Granite  Block  Operating 
Company,  Grannone  Motors,  Inc.,  Grant-Wilson  Co.  Inc., 
Green  Instant  Protector  Company,  Green  Mt.  Wood  Prod- 
ucts, Corporation,  Greenfield  Loan  and  Acceptance  Cor- 
poration, The,  Greenleaf  Company,  The,  Greyhound  Trawler 
Corporation,  Greystone  Farm  Inc.,  Grove  Hall  Chevrolet 
Sales  Co.,  Inc.,  Grove  Hall  Pontiac,  Inc.,  Guild  Cleaners  Inc., 
The,  Guilford  Lumber  Company,  Guy's  Food  Stores,  Inc., 
Gypsum  Products  Sales  Corporation. 

H.  A.  Whelan,  Inc.,  H  &  B  Motor  Sales,  Inc.,  H.  and 
J.  P.  Green  Company,  Inc.,  H.  B.  Raymond,  Inc.,  H.  B. 
Realty  Co.  Inc.,  H.  B.  Smith  Company,  The,  H.  C.  Mills 
Incorporated,  H.  E.  Stockwell,  Inc.,  H.  E.  Wyman  Elevator 
&  Machine  Works,  Inc.,  H.  Grodberg  &  Son,  Inc.,  H.  M. 
Jenness  &  Co.,  Inc.,  H.  P.  Zeininger  Co.,  H.  Shapiro  &  Co. 
Inc.,  H.  Winer  Company,  H.  Zirkin,  Inc.,  Hadley  Novelty 
Company,  Haffer-Mandell  Heating  Co.,  Inc.,  Hairlight 
Company,  The,  Hale's  Inc.,  Hamilton  Leather  Company, 
Hampden    County    Industrial    Development    Corporation, 


152  Acts,  1939. —Chap.  179. 

Hampden  Wholesale  Grocery  Co.,  Hampshire  Company, 
The,  Hans  Rees  Sons  Company,  Hanson  Cedar  Company, 
Haptograph,  Inc.,  Harbor  Engraving  Company,  Harding 
Street  Grain  Store  Inc.,  Harford  Import  &  Export  Co.,  Inc., 
Hargis  Oil  Company,  Harold  C.  Neal,  Inc.,  Harry  A.  Auer- 
bach.  Inc.,  Harry  M.  Cranmer  Co.,  Inc.,  Harry  M,  Hope 
Engineering  Company,  Harry  Wilson,  Inc.,  Harry's  Auto 
Sales  &  Service,  Inc.,  Harvard  Glide  Corporation,  Harvey 
Stain  Co.,  Inc.,  Harvey's  Shoes  Inc.,  Hatters'  Fur  Mills, 
Haverhill  Cut  Leather  Company,  Haverhill  Plate  Glass  Co., 
Inc.,  Hawthorne  Farms  Inc.,  Hayes  &  Read,  Incorporated, 
Hazelton-DeBevoise  Company,  Helen  Crosby  Company, 
Henry  &  Close  Co.,  Henry  C.  Stuart,  Inc.,  Henry  M.  Peyser 
Company,  Henry  Shannon  Co.,  Inc.,  Herbert  B.  Essex  Inc., 
HerHhy  Barrel  Corporation,  Herman  Strater  &  Sons,  Inc., 
Highland  Pharmacy,  Inc.,  Hill  Air-Conditioning  Corpora- 
tion, Hillside  Club,  Incorporated,  Hinsdale  Sand  &  Gravel 
Co.,  Inc.,  Hiram  C.  Brown,  Inc.,  Holding  Company  of 
Wellesley,  The,  Holland's  Market,  Inc.,  Holly  Tree  Cafe, 
Inc.,  The,  Hollywood  Shop  of  Pittsfield,  Inc.,  The,  Holyoke 
Hotel  Company,  Home  Appliance  Shop,  Inc.,  Home  City 
Electrotype  Works  of  Boston,  Inc.,  Home  Cooperative 
Association,  Home  Merchandising  Corporation,  Homestead 
Ice  Cream  Co.,  Hoosac  Auto  Supply  Co.,  Hoosac  Loan  Co., 
Inc.,  Hopedale  Manufacturing  Company,  Hospital  Phar- 
macy, Inc.  of  Boston,  Hotel  Metropolitan,  Inc.,  House 
Beautiful  Pifblishing  Corporation,  The,  Household  Fuel 
Corporation,  Housing  Advisory  Service  Incorporated,  How- 
ard &  Co.,  Inc.,  Howard  Supply  Co.,  Inc.,  Howatt  Pharmacy, 
Inc.,  Howland  Motor  Car  Company,  Hub  Enterprises,  Inc., 
Hub  Garage,  Inc.,  Hub  Grill,  Inc.,  Hub  Sign  Corporation, 
The,  Huckins  Terminals  Corporation,  Hudson  Garage,  Inc., 
Humphrey's  Incorporated,  Hurley  &  Burr,  Inc.,  Hurwitz 
Bros.  Inc.,  Hutchinson's  Market,  Inc.,  Hyde  Square  Phar- 
macy, Inc. 

I.  A.  Alperin  Co.  Inc.,  I.  Crocker,  Inc.,  I.  Goldberg  & 
Sons  Co.,  Inc.,  Ideal  Grill,  Inc.,  Ideal  Hardware,  Inc.,  Ideal 
Hat  Co.,  Inc.,  Ideal  Realty  Co.,  Inc.,  Imperial  Photographic 
Studio  Inc.,  Improvement  Realty  Corporation,  Independent 
Films,  Inc.,  Independent  Foods,  Inc.,  Independent  Oil  Co., 
Incorporated,  Independent  Provision  Co.,  Inc.,  Independent 
Supply  Corporation,  Indian  Inn,  Inc.,  Industrial  Broad- 
casting Service  Corporation,  Industrial  Minerals  Corporation, 
Industrial  Projects,  Inc.,  Ingals  Aircraft  Corporation,  In- 
heritors Corporation  of  Massachusetts,  Inc.,  Inkley  Heel 
Co.  Inc.,  Inkset  Products  Inc.,  Interstate  Beef  Company, 
Interstate  Hardware  Corporation,  Intervale  Cut  Rate 
Grocers  Inc.,  Irving  Paper  Carton  Co.,  Inc.,  Irving  Schultz 
&  Co.,  Inc.,  Irving  Square  Realty  Company, 

J.  A.  Newman  Company,  J.  B.  Dolan  Co.,  Inc.,  J.  Comer 
Jones  Power  &  Pump  Co.,  J.  D.  Gregorio  &  Company  Inc., 
J.  Dallas  Corbiere,  Inc.,  J.  F.  Loftus,  Inc.,  J.  F.  McGrath, 
Inc.,  J.  H.  Boutillette  Co.,  Inc.,  J.  H.  Corney  Company,  J. 


Acts,  1939. —Chap.  179.  153 

H.  Shepard  Company,  J.  J.  Harrigan,  Inc.,  J.  J.  Tyrrell  Co. 
Inc.  of  Boston,  The,  J.  L.  Buck  &  Company,  Inc.,  J.  M.  & 
C.  J.  Buckley  Company,  J.  M.  Kirby  Company,  Inc.,  J.  M. 
Leonard  &  Son,  Inc.,  J.  Nelson  Manning  Shoe  Manufactur- 
ing Co.  Inc.,  J.  P.  Morin  Auto  Supply  Co.,  J.  Stengel  Com- 
pany, J.  T.  BilHngton,  Inc.,  J.  V.  R.  Shepherd  Corporation, 
J.  W.  Dias  Motor  Sales,  Inc..  J.  W.  Dobbie  Company,  The, 
J.  W.  Gately  Sons,  Inc.,  J.  W.  Heffernan  Co.,  Inc.,  J.  W. 
Lavery  &  Son,  Inc.,  J.  W.  Moore  Valve  Corporation,  J.  W. 
O'Connell,  Incorporated,  J.  Walter  Sanborn  &  Co.,  Incor- 
porated, Jack  Goldman's  Market,  Inc.,  Jack  Saxe  Dress 
Corp.,  Jaffe's  Inc.,  James  A.  Roche,  Inc.,  James  Day  Lumber 
Co.,  James  J.  Coughlan  &  Sons,  Inc.,  James  L.  Humphrey, 
Jr.,  Inc.,  James  S.  Bent  &  Co.,  Incorporated,  James  V.  Haley 
Leather  Co.,  Jane  Albert,  Inc.,  Jax,  Inc.,  Jayne  Shoe  Co., 
Inc.,  Jean  M.  Brown  Inc.,  Jersey  Milk  Service,  Inc.,  Jewett 
&  Poole  Transportation  Corp.,  John  B.  Adams  Company, 
John  F.  Swinnerton  Inc.,  John  L.  Duffy  Co.  Inc.,  John  R. 
Lankenau,  Incorporated,  John  Reardon  &  Sons  Company, 
John  Sumberg,  Inc.,  John  T.  McCarthy  Co.,  Johnson  & 
Young,  Inc.,  Johnson  Laboratories,  Inc.,  Johnson's  Food 
Corp.,  Joseph  F.  Hayes  &  Sons,  Inc.,  Joseph  F.  Home 
Company,  Incorporated,  The,  Joseph  Fessia  &  Co.,  Inc., 
Joseph  Heller,  Inc.,  Joseph  L.  O'Brien,  Inc.,  June  Street 
Pharmacy,  Inc.,  The. 

K  &  S  Broom  Company,  Inc.,  K.  P.  &  G.  Realty  Co., 
K.  W.  Fellows  &  Co.,  Inc.,  Kaden  Maid  Coat,  Inc.,  Kantor 
Coat  &  Apron  Service,  Inc.,  Kaplan's  Golden  Matzo  Co. 
Inc.,  Katharine  Gibbs  School,  Inc.,  Kavanagh  Brothers 
Company,  Kay  Jobbing  Corp.,  KeMiX  Incorporated,  Kee- 
nan  Pickering  Co.,  Keen's  Diamond  Merchants  of  New  Eng. 
Inc.,  Keliher  Iron  Works,  Inc.,  Kendall  Printing  Company, 
Inc.,  Kendall  Tool  Co.,  Kenford  Corporation,  Kenmore 
Theaters,  Inc.,  Kenney  Brothers  &  Wolkins,  Incorporated, 
Kenney  Brothers  Garage,  Inc.,  Kenwood  Drug  Co.,  Inc., 
Kenyon  Advertising,  Inc.,  Kenyon  Instrument  Corpora- 
tion, Kerchief  Cravat,  Inc.,  The,  King  Joy  Company, 
Kingston  Shoe  Company,  Inc.,  Kneeland  Leather  Corp., 
Knitted  Garment  Stores,  Inc.,  Kolb  Chemical,  Inc.,  Kos- 
ciuszko  Polish  American  Institute,  Inc.,  Kray  &  Deehan, 
Inc. 

L.  F.  W.  Holding  Corporation,  L.  L.  Lewis  Company, 
L.  Speidel  &  Co.,  Inc.,  L.  W.  Mulkern  Co.,  La  Mode,  Inc., 
La  Vers  Company,  Labor  Newspapers  Inc.,  The,  Lafayette 
Drug  Company  Incorporated,  The,  Lafayette  Square  Res- 
taurant, Inc.,  Lampert  Bros.  Co.,  Lane  Appliance  Com- 
pany, Lane  Laboratories,  Inc.,  Langan  &  Brother  Inc., 
Langille  Motors,  Inc.,  Lawrence  &  Company  Inc.,  Lawrence 
Associated  Investors  Inc.,  Lawrence  Fife,  Drum  and  Bugle 
Corps,  Inc.,  The,  Lawrence  News  Publishing  Co.  Inc.,  Law- 
rence Wood  Heel  Company,  Inc.,  Lawton  &  Delano,  Inc., 
Leahan  Motor  Company,  Inc.,  Leather  Export  Corpora- 
tion,  Leathercrafts,   Inc.,  Leatherok  Floors,   Inc.,   Leavitt 


154  Acts,  1939.  —  Chap.  179. 

Stores  Corporation,  Lebanon  Mines,  Inc.,  Leed  Shoe  Com- 
pany, Legal  Directory  Corporation,  The,  Lema  and  Co., 
Inc.,  Lennerton  Motor  Transportation,  Inc.,  Lennox  & 
Briggs  Co.,  Lenstro  Theatre  Co.,  Inc.,  Leo  Olans  &  Co.  Inc., 
Leonard  A.  Cates  Inc.,  Leonard  H.  Hicks,  Inc.,  Leonardi's, 
Inc.,  Leopold  Morse  Realty  Co.,  Levaggi's  Downtown,  Inc., 
Leventhal  Brothers  Co.,  Leventhal  Retail  Sales  Corpora- 
tion, Levine's  Dry  Goods  Co.,  Inc.,  Lewis  Automotive 
Equipment  Company,  Lewis  Jones  &  Son,  Inc.,  Liberty 
Furniture  Co.  Inc.,  Lido  Venice,  Incorporated,  Lincoln 
Bakery,  Inc.,  Lincoln  Cafe,  Inc.,  Lincoln  Park  Garage,  Inc., 
Lincoln  Tucking  and  Hemstitching  Co.,  Inc.,  Lincoln, 
Willey  &  Company,  Incorporated,  Linette  Corset  Co.,  Lin- 
zee  Hooper  Incorporated,  Lion  Market,  Inc.,  The,  Lion 
Shoe  Company,  The,  Liquidating  Company,  The,  Liset  and 
Luce,  Ltd.,  Little  Jewels,  Inc.,  Living  Trust  Clubs,  Inc., 
Locke  Stevens  &  Sanitas,  Inc.,  Lockhart  Building  Inc.,  The, 
Lockwood  Brackett  Co.,  Lodge  Realty  Corporation,  Long 
&  Saunders  Company,  Long  Construction  Company,  Lor- 
raine Shoe  Co.  Inc.,  Los  Fabricantes  Unidos,  Inc.,  Lotmor 
Tire  Treadcutting  Machine  Co.,  Lou-Mac  Shoe  Company, 
Lou  Spitzer's  Market,  Inc.,  Louis  Effenson  Co.  Inc.,  Louis' 
Rendezvous,  Inc.,  Louisa  Lake  Ice  Company,  Lowell  Knit- 
ting Mills,  Inc.,  Lowell  Mercantile  Associates,  Inc.,  Lubri- 
Film  Corporation,  Lustre  Laboratories,  Inc.,  Lyman-Beers 
Company,  Lvnch  Auto  Service  Inc. 

M.  Bernson  Shoe  Co.,  M.  F.  Ellis  Co.,  M.  Frank  Lucas 
Co.,  M.  Steinert  &  Sons  Co.,  M.  T.  Murphy  Co.,  Inc.,  Maca- 
Vendor  Corp.,  Machine  Products  Corp.,  Mackey  Curtain 
Shop,  Inc.,  Macon  Shoe  Co.,  Madewell  Coat  &  Dress  Co. 
Inc.,  Magnolia  Hotel  Company,  Magnoha  Shops,  Inc., 
Maher's  Grill,  Inc.,  Mainhill  Realty  Co.,  Makatag  Manu- 
facturing Corporation,  Malhart  Merchandising  Service,  Inc., 
MaHng's  Tavern,  Inc.,  Mallow's  Cafeteria,  Inc.,  Manganaro 
Furniture  Co.,  Inc.,  Manhattan,  Inc.,  The,  Manly  Shirt 
Shop,  Inc.,  Mann,  Fabens  and  Andrews,  Inc.,  Mann  Food 
Corporation,  The,  Mansfield  Motors,  Inc.,  Manter  Lumber 
Company,  The,  Maple  Farm,  Inc.,  Maple  Garage,  Iilc, 
Maple  Insurance  Agency  Inc.,  Maple  Products  Co.  Inc., 
Marcotte  Crotty  Co.,  Markow  Auto  Electric  Co.,  Incorpo- 
rated, Marlboro  Manufacturing  Co.,  Marshall  Lunch  Com- 
pany, Marshall's  Launderers-Cleansers,  Inc.,  Marshfield  Auto 
Sales  Co.  Inc.,  Marston  Restaurant  Company,  Martel  Tire 
Company,  Martell  Motor  Transportation  Co.  Inc.,  Mary 
Hartigan  Corporation  of  Hoxie,  Massachusetts  Automotive 
Engineering  Co.,  Massachusetts  Body  &  Radiator  Company, 
Inc.,  Massachusetts  Development  Co.,  Massachusetts  East- 
ernoil  Sales  Corporation,  Massachusetts  Electric  Manufac- 
turing Co.,  Massachusetts  Ice  Corporation,  Massachusetts 
Linen  Service,  Inc.,  Massachusetts  Paper  Mills  Corporation, 
Massachusetts  Parlor  Frame  Manufacturers,  Inc.,  Massa- 
chusetts Vending  Machines,  Inc.,  Massachusetts  Wine  & 
Spirits  Corp.,  Mastroianni's  Market  Incorporated,  Mather 


Acts,  1939.  —  Chap.  179.  155 

Construction  Co.,  Max  Raphel,  Inc.,  May  and  Westland, 
Inc.,  Mayall  Realty  Co.,  Mayfair  Amusement  Co.,  Mayfair 
Dress  Co.  Inc.,  Mayflower  Optical  Company,  Mayflower 
Poultry  Corporation,  Mayflower  Shoe  Company,  Mayhew 
Lumber  Company,  McAuliffe  Market  Inc.,  McAuliffe  Non 
Siphoning  Trap  Company,  McDonald  Embossing  Company, 
Incorporated,  McHatton  Lumber  Company,  McKoan  Oil 
Company,  Medford  Dye  House,  Inc.,  Medford  Sq.  Chev- 
rolet Co.,  Inc.,  Melco  Tanning  Company,  Inc.,  Melrose 
Reed  &  Fibre  Co.,  Inc.,  Memorial  Drive  Company,  Mer- 
chants' Manufacturing  Company,  Merchants  Oil  Co.,  Mer- 
cury Petroleum  Corporation,  Meregian  Brothers  Dairy,  Inc., 
Merrill  Publishing  Company  Incorporated,  Merrimac  Chem- 
ical Compan}'^,  Merrimac  Cleansing  &  Dyeing  Co.,  Inc.,  The, 
Merrimac  Garage,  Inc.,  Merrimac  Lumber  Company  Inc., 
Merrimack  Transportation  Company,  Metropolitan  Food 
Distributing  Corporation,  Metropolitan  Pontiac  Company, 
MetropoUtan  Terminals,  Inc.,  Meyer  Bros.  Shoe  Mfg.  Com- 
pany, Inc.,  Meyer  Company,  The,  Meyer  Levine  &  Co.  Inc., 
Miami  Restaurant,  Inc.,  Middlesex  Motors,  Inc.,  Middlesex 
Poultry  Co.,  Milford  Motor  Sales,  Incorporated,  Mill  City 
Hardware  Corporation,  Millar  Coal  Company  of  Plymouth, 
Miller  Associates,  Incorporated,  Miller  Shoe  Marts,  Inc., 
Miller's  Dept.  Store,  Inc.,  Miniature  Photo  Shops,  Inc., 
Mitchell  Wing  Company,  mode,  inc..  Model  Homes,  Inc., 
Modern  Cash  Market  of  Brockton,  Inc.,  Modern  Shoemak- 
ing,  Inc.,  Moffat,  Incorporated,  Moffitt's  Wet  Wash  &  Hand 
Laundry,  Inc.,  Mohawk  Lines,  Inc.,  Monarch  Shoe  Ma- 
chinery Corporation,  Mondello  Pharmacy,  Inc.,  Montello 
Stay  Company,  Inc.,  Montgomery  Industrials,  Inc.,  Mont- 
rose Chemical  Co.,  Morris  Gurvitz  Shoe  Company,  Morsam 
Investment  Trust,  Inc.,  Mortgage  Loan  Company  of  Spring- 
field, Morton  &  Company  Inc.,  Morton  Edward  Shoe  Co. 
Inc.,  Morton  Hire  A  Car,  Inc.,  Morton  Motor  Mart,  Inc., 
Motor  Plate  Service,  Inc.,  Mount  Ida  School  for  Girls,  Inc., 
Mt.  Major  Ice  Co.,  Mowry  Co.  of  Holyoke,  Inc.,  Multiple 
Winding  Company,  Murphy  Automatic  Pinsetter  Corpo- 
ration, Museum  Studios,  Inc.,  Mutual  Grill,  Inc.,  Mutual 
Theatres  Inc.,  My-Linda  Laboratories,  Inc.,  Mystic  Auto 
Supplies  Inc.,  Mystic  Poultry  Farms,  Inc. 

N.  E.  Metal  Products  Co.,  N.  J.  Dunn  Co.,  N.  M.  Brown 
&  Co.,  Inc.,  Nancy  Lee  Manufacturing  Co.,  National  Acad- 
emy of  Music,  Inc.,  National  Amusement  Company,  Na- 
tional Coin  Corporation,  The,  National  Furniture  Co., 
National  Gas  Equipment  Co.,  Inc.,  National  House  Inc., 
National  Ladies'  Handbags,  Inc.,  National  Mattress  Co., 
National  Products  Sales  Corporation,  National  Provident 
Company,  The,  National  Securities  Co.,  National  Specialties 
Company,  National  Transit  Lines  Incorporated,  National 
Yeast  &  Malt  Co.,  Needham  Real  Estate  Corporation,  Need- 
ham  Rubber  Company,  Nekia  Manufacturing  Company, 
New  Bedford  and  Agawam  Finishing  Company,  New  Bed- 
ford Hosiery  Company,  New  Bedford  Novelty  Fabrics  Cor- 


156  Acts,  1939.  —  Chap.  179. 

poration,  New  Bedford  Rubber  Company,  New  England 
Armored  Service,  Inc.,  New  England  Building  Materials 
Purchasing  Agency,  Inc.,  New  England  Carrier-Call  Dis- 
tributors, Inc.,  New  England  Castype  Company,  New 
England  Fluorspar  Company,  New  England  Guide  Pub- 
lishers, Inc.,  New  England  Industrial  Corporation,  New 
England  Milled  Nut  Company,  Inc.,  New  England  Motion 
Picture  Equipment  Corporation,  New  England  Mushroom 
Co.,  New  England  Select  Foods  Corporation,  New  England 
Specialty  Company,  New  England  Utihties,  Inc.,  New  Eng- 
land Window  Cleaning  Co.,  New  Jones'  Compressor,  Incor- 
porated, New  Method  Family  Laundry  Inc.,  Newburyport 
Shoe  Corporation,  Inc.,  Newhall  Beverage  Co.,  Newport 
Ave.  Pharmacy  Co.,  Newton  Homes,  Inc.,  Newton  Hudson- 
Terraplane  Inc.,  Newton  Products  Company,  Newtowne 
Garage,  Inc.,  Nomis  Corporation  of  New  England,  Norfolk 
Manufacturing  Company,  Inc.,  Norfolk  Welding  and  In- 
stallation, Inc.,  Norris  Drug  Co.,  Norris-Hillis  Oils  Com- 
pany Inc.,  North  Adams  Garnetting  Company,  Inc.,  North 
Linden  Realty  Company,  North  Shore  Press,  Inc.,  The, 
North  Station-Parker  Buildings  Company,  North  Worcester 
Market,  Inc.,  Northeast  Battery  Co.  Inc.,  Northeastern 
Manufacturing  Co.,  Norwood  Engineering  Co.,  Norwood 
Press  Linotvpe,  Inc.,  Norwood  Provision  Co.  Inc. 

O.  B.  Wetherell  and  Son  Company,  The,  O.  G.  Kelley  & 
Co.,  Inc.,  Ocean  House  Company^  Ocean  Oil  Company,  Odd 
Fellows  Block,  Inc.,  Oil  Heating  Service,  Inc.,  Old  Boston 
Muffin  Co.,  Old  Colony  Coach  Lines,  Inc.,  Old  Colony  Dis- 
tributing Company,  Old  Custom  House  Liquors  Inc.,  Old 
Homestead  Motors,  Inc.,  Old  Town  Tavern  Inc.,  Olde  Cape 
Codder  Inc.,  159  Devonshire  Street  Corporation,  Orange 
Realty  Corporation,  Orchid  Beauty  Shoppe,  Inc.,  Orlov  Mfg. 
Co.  Inc.,  Orth  Motors,  Inc.,  Osborne  Hardware  Company, 
Oscar  A.  Harvey  Co.,  Inc.,  Oyster  Bar  of  Worcester,  Inc. 
P.  &  F.  Chemical  Inc.,  The,  P.  J.  McElroy  Co.,  P.  S. 
Huckins  Company,  Pacific  Restaurant  of  Nantucket,  Inc., 
Packard-Worcester,  Inc.,  Page,  Wolcott  and  Upton,  Ltd., 
Paige,  Mattie  &  Magaw,  Inc.,  Paisner's,  Inc.,  Palmer  Clay, 
Inc.,  Palo  Blanco  Fruit  Company,  Paper  Mill  Products  Cor- 
poration, Paramount  Bedding,  Inc.,  Paramount  Beef  Com- 
pany, Inc.,  Paramount  Corset  Co.,  Paramount  Dress  Co. 
Inc.,  Paramount  Motor  Freight  Lines,  Inc.,  Paramount 
Restaurant  Inc.,  Parisian  Novelty  Company,  Park  Cycle 
Depots,  Inc.,  Park  Shaw,  Inc.,  Parkcraft  Studio  Inc., 
Parker's,  Inc.,  Parkhurst  Building  Company,  Parkway  Serv- 
ice Stations,  Inc.,  Pasquale  Contracting  Co.,  Inc.,  Patent 
Products  Corp.,  Paul  B.  Smith,  Inc.,  Paul  Weidenmiller, 
Inc.,  Paula  Baking  Co.,  Paulastic  Company,  Pawtucket 
Motors  Co.,  Peabody  Sand  &  Gravel  Co.,  Pearl  Street  Gar- 
age, Inc.  of  Somerville,  Peerless  Wearite  Underwear  Co., 
Pemberton  Company,  Pentucket  Ice  Company,  Peoples  Ice 
Company,  Inc.  of  Lawrence,  Mass.,  People's  Supply  Com- 
pany,   Perfect    Finance    Co.,    Perfection    Glass    Co.,    Inc., 


Acts,  1939. —Chap.  179.  157 

Perkins'  Motors,  Inc.,  Persicoon  Laboratories,  Inc.,  Personal 
Bankers  of  America,  Inc.,  Personnel  Development  Corpora- 
tion, Peter  Brook  Woolen  Mills,  Peter  Edwards  Company, 
Peter  Marini,  Inc.,  Peter  Pan  Cleansers  &  Dyers,  Inc.,  Peter's 
Sea  Grill,  Inc.,  Peterson  Motors  Inc.,  Philco  Sales  and  Serv- 
ice Co.,  Philip  Martin  Company  Inc.,  Philip  Rosenbaum  & 
Son,  Inc.,  Phihp  S.  Flynn,  Inc.,  Phoenix  Engraving  Co.,  Inc., 
Photo-Lithographers,  Inc.,  Photocell  Signal  Corporation, 
Pierce  Shoe  Company,  Pierson's  Drug  Store,  Inc.,  Pig  Peggy 
Company,  Pilgrim  Market,  Inc.,  Pine  Meadows  Golf  Club, 
Inc.,  Pioneer  Beef  Company  Inc.,  Piper  Sales  Corporation, 
Pipping  Realty  Co.,  Inc.,  Planned  Communities,  Inc.,  Piatt 
Construction  Company,  Inc.,  Pleasant  Pharmacy,  Inc., 
Ployer- Wells  Inc.,  Plyco,  Inc.,  Plymouth  Braid  Company, 
Plymouth  Rollerway  Co.,  Inc.,  Plymouth  Shoe  Mfg.  Co., 
Inc.,  Polish  Home,  Inc.,  The,  Pomona  Market,  Inc.,  Popular 
System  Bakery,  Inc.,  Post  Office  Square  Securities  Corpo- 
ration, Pratt  &  Co.,  Inc.,  President  Suspender  Company 
(1919),  Prew  Coal  Company,  Prew  Motor  Co.,  Inc.,  Price- 
Laine  Company,  Incorporated,  Prideaux-Swampscott  Flo- 
rists Inc.,  Prime  Fish  Company,  Primo  Coat  Company,  Inc., 
Printers'  Liquidating  Corporation,  Printing  Company,  Inc., 
Priscilla  Candy  Shoppe,  Inc.,  Produce  Printing  Co.,  Inc., 
Progressive  Homes  Corp.,  Progressive  Laundry,  Inc.,  Pros- 
pect Gardens,  Inc.,  Prospect  Pharmacy,  Inc.,  Protective 
Union,  Inc.,  Prouty-Chapman  Shoe  Co.,  Prowler,  Optome- 
trists, Inc.,  Pubhc  Service  Industrial  Corporation,  Puerto 
Rico  Fruits,  Inc.,  Puffer-Doherty  Marble  &  Stone  Co.  Inc., 
Pure  Food  Market  Co.,  Puritan  Pubhc  Market,  Inc.,  Puritan 
Spa  Inc. 

Quaker  Real  Estate  Corporation,  Quality  Cash  Meat  Mar- 
ket Inc.,  QuaUty  Laundry,  Inc.,  Quality  Paint  Store,  Inc., 
Quality  Pharmacy,  Inc.,  Queen's  Housefurnishings  Store, 
Inc.,  Quinlan  Tanning  Co.  Inc. 

R.  B.  McHugh  Tanning  Co.,  Inc.,  R.  C.  Waterman  Co., 
R.  E.  Smith,  Incorporated,  R.  F.  Murray  Corp.,  R.  L.  Sjos- 
trom  &  Company,  Inc.,  Racicot-Richard  Cutlery  Co.,  Inc., 
Radding  Roofing  and  Plumbing  Supply,  Inc.,  Radio  Whole- 
salers, Inc.,  Rafow,  Inc.,  Rafow  Products,  Inc.,  Railroad 
Shares  Corporation,  Railroad  Wharf  and  Storage  Company, 
Rainbow  Raincoat  Company,  Inc.,  Rand  Co.  of  Cambridge, 
Inc.,  Rangeley  Princeton  Homes  Inc.,  Rangeley  Terrace  Inc., 
Rathbun  Federal  Truck  Co.,  Inc.,  Raydon  Products  Com- 
pany, Raymor  Ballroom  Co.,  Redman  Shoe  Company  Inc., 
Rehance  Ribbon  &  Carbon  Co.,  Inc.,  Remick  &  Doolittle 
Inc.,  Remington  Realty  Corporation,  Republican  State 
Journal,  Inc.,  Rescolite  Corporation,  Research  and  Develop- 
ment Corporation,  Retail  Furniture  Dehvery  Service,  Inc., 
Revere  Pharmacy  Inc.,  The,  Rex  Chevrolet  Company,  Inc., 
Rex  Shoe  Stores,  Inc.,  Reynolds  Motors,  Inc.,  Richard  C. 
Kirby,  Inc.,  Richard  T.  Thatcher,  Incorporated,  Rich's 
Cosmetic  Shops,  Inc.,  Riverbank  Court  Hotel  Company, 
Riverdale  Press,  The,  Riverside  Inn,  Inc.,  Riverside  Mills, 


158  Acts,  1939. —Chap.  179. 

Inc.,  Riverside  Park  Corporation,  Roadbuilding  Truckers, 
Inc.,  Roadside  Operations,  Inc.,  Robert  Fulton  Products 
Corporation,  Robert  R.  Ringer  Company,  Robert  Seaver  & 
Sons,  Inc.,  Roberts  Contracting  Corp.,  Robinson  Motors, 
Inc.,  Rockdale  Mill,  Inc.,  Roger  W.  Haven,  Inc.,  Roger 
Wolcott,  Inc.,  Rogerson-HuU,  Inc.,  Rollaway,  Inc.,  Roman 
Corner  Inc.,  Roman,  Inc.,  Roosevelt  Grille  &  Tap  Inc., 
Roseby  Shop  Incorporated,  The,  Rosen  Talking  Machine 
Company,  Rossitex  of  America,  Inc.,  Round  Table,  Inc., 
The,  Roxbury  Concrete  Construction  Co.,  Roxbury  Flour 
&  Grain  Co.,  Inc.,  Roxy  Drug  Co.,  Royal  Amusement  Co. 
Inc.,  Royal  Baking  Company,  The,  Royal  Electric  Com- 
pany, Incorporated,  Royal  Finance  Corporation,  Roydon 
Burke,  Inc.,  Rubber- Weld  Sales  Company,  Ruby-Lee  Frocks, 
Inc.,  Ruckdeschel  Press  Inc.,  The,  Rundlett-Norwood  Com- 
pany, Russell  Heel  Company,  Russett  Construction  Co., 
Inc.,  Ryan  Valve  Company. 

S.  A.  D.  Sheppard  Company,  S.  Beaulieu,  Incorporated, 
S.  Freedman  Tallow  Co.  Inc.,  S.  Hirshberg  &  Son,  Inc., 
S.  Rogers  Sons  Co.  Inc.,  S.  Ruby,  Inc.,  Sabien's,  Inc.,  Sacks 
Leather  Co.,  Inc.,  Safety  Guard  Corporation,  Safetyseal 
Sales  of  New  England,  Inc.,  St.  Stephen  Street  Associates, 
Inc.,  Salem  Lyceum  Building  Association,  Inc.,  Salt  Water 
Pond  Company,  Samoset  Distributing,  Inc.,  Sam's  Inc.  of 
Hingham,  Sam's  Inc.  of  Hull,  Sam's  Inc.  of  Nantasket, 
Sam's  Inc.  of  Wollaston,  Samson  Brush  Company,  Sanders 
Maternity  Shop,  Inc.,  Sani-Fil,  Inc.,  Sani-Wash  Laundries, 
Inc.,  Saugus  Ice  Companj^,  Saugus  Sand  &  Stone  Corpora- 
tion, Saunders  Cash  Market  Inc.,  Savoy  Auto  Sales,  Inc., 
Saxecraft,  Inc.,  Scanlon  Drug  Company,  Schooner  A.  Piatt 
Andrew,  Inc.,  Sch.  Anna  and  Ella,  Inc.,  Sch.  Mary  P.  Mes- 
quita.  Inc.,  Schworm  &  Finke  Shoe  Co.,  Scottfield  Garage, 
Incorporated,  Seaboard  Utihties  Shares  Corporation,  See- 
konk  Water  Power  Company,  Sel-Wel  Mfg.  Co.,  Self  ridge 
Electrical  Apparatus  Inc.,  Share-The- Wealth,  Inc.,  Shaw- 
mut  Battery  Manufacturing  Co.,  Inc.,  Shawmut  Investment 
Company,  Shawmut  Theatre  Company,  Sherwood  &  Moyna- 
han,  Inc.,  Shief  Drug  Co.,  Inc.,  Shobe  Airlines  Inc.,  Shop 
Unique,  Inc.,  The,  Silk  Motor  Car  Co.  Inc.,  Silqeen  Co. 
Inc.,  Silver  Fleet  Service,  Inc.,  Single  Sole  Shoe  Co.,  Skild- 
Craft  Machine  Company,  Inc.,  Slane  Plumbing  &  Heating 
Co.,  Sneider  Shoe  Stores,  Incorporated,  Snow  Fisheries 
Company,  Sobiloff  Finance  Co.,  Inc.,  Solin's  Cash  Stores, 
Inc.,  Somerset  Construction  Corporation,  Somerset  Ferry 
Company,  Somerset  Frocks,  Inc.,  Somerville  Iron  Foundry 
Company,  Somerville  Retinning  Works,  Inc.,  Somerville 
Wharf  and  Improvement  Company,  South  Boston  Land 
Company,  South  Packing  Co.  Inc.,  South  Shore  Wholesale 
Produce  Company,  South  Side  Market,  Inc.,  Southern  New 
England  Ice  Company,  The,  Spanish  Gables  Inc.,  Spartan 
Realty  Corporation,  Specialty  Leather  Goods  Co.,  Spectator 
Newspaper  Co.,  Inc.,  The,  Speedways,  Incorporated,  Spencer 
Hardware   Co.,   Sportline   Manufacturing   Company,   Inc., 


Acts,  1939. —Chap.  179.  159 

Sportsmen's  Tavern,  Inc.,  Springfield  Cap  Co.,  Springfield 
Dental  Supply,  Inc.,  Springfield  Flour  Company,  Spring- 
field Glazed  Paper  Corporation,  Springfield  Speedways,  Inc., 
Springfield  Wrecking  Company  Inc.,  Stacy's  Clothing  Store, 
Inc.,  Standard  Coal  Company,  Standard  Electrical  Supply, 
Incorporated,  Star  Grocery  Inc.  of  Randolph,  The,  Star 
Light  Cleansers  Inc.,  Star  Oil  Refining  Corporation,  Star 
Refining  Company,  State  Construction  Co.  Inc.,  State 
Property  Management  Corporation,  State  Theatre  Com- 
pany, The,  State  Underwriters  Insurance  Agency,  Inc., 
Stearns  Realty  Corporation,  Steel  All-Welded  Boat  Co.  of 
Boston,  Stera  Pack  Chemicals,  Inc.,  Sterhng  Baking  Co., 
Inc.,  Sterling  Mica  Mines,  Inc.,  Sterling  Wine  Shop,  Inc., 
Stern  Underwriters,  Inc.,  Stone,  Hutchinson  &  Co.,  Incor- 
porated, Stoughton  Furniture  Co.,  Inc.,  Strand  Radio  Cor- 
poration, Strathmore  Worsted  Mills,  Stromberg  Refrigera- 
tor Co.,  Studebaker  Sales  Company  of  New  England,  Studio 
Grill,  Inc.,  Suburban  Drug  Stores,  Inc.,  Suburban  Motors 
Inc.,  Sudbury  Brass  Goods  Company,  Suffolk  Liquor  Co., 
Inc.,  Suffolk  Oilless  Bearing  Corporation,  Suffolk  Used  Car 
&  Parts,  Inc.,  Summer  Clothing  Co.,  Inc.,  Sumner  Garage, 
Inc.,  Sunbeam  Inc.,  The,  Sunders  &  O'Connell  Leather  Co., 
Super-Markets  Incorporated,  Superior  Jewelry  Company, 
Supreme  Taxi  Service,  Inc.,  Surety  Cleansing  Shops,  Inc., 
Survey  Corporation,  The,  Sutherland,  Inc.,  Swan  Operating 
Co.  Inc.,  Swartz  Realty  Construction  Co.,  Sweeney  Motor 
Trucking  Co.,  Inc. 

T  and  G  Cattle  and  Dairy  Farm,  Inc.,  T.  Dragani  &  Com- 
pany, Inc.,  T.  H.  Williams,  Inc.,  T.  J.  McCue  Co.,  Inc.,  T. 
V.  Cotter  Inc.,  Taber  Mill,  Tank  Car  Service  Company,  Inc., 
Tappan  Realty,  Inc.,  Tavern  Court,  Inc.,  Technical  Prod- 
ucts Corporation,  Ted's  Lunch  Co.,  Teekorator  Company  of 
New  England,  Teich  Construction  Co.  Inc.,  Telegram-Sun 
Inc.,  Temple  Finance  Service,  Inc.,  Temple  Realty  Com- 
pany, Tent,  Inc.,  The,  Teplow  Oil  &  Service  Corporation, 
Terminal  Coal  Corporation,  Textile  Trucking  Company, 
Thacher  Stoker  Co.,  Thayer-Foss  Company,  Thomas  Super- 
Service,  Inc.,  Thompson  Service  Stores,  Inc.,  Thompson 
Tire  Company,  Inc.,  Thorn  Medicine  Company,  The,  Thorn- 
dike  Engineering  Corporation,  Tim-Manson-Huckins  Co., 
Tip-Top  My  Cleanser,  Inc.,  Tissot  &  Holmes  Inc.,  Tom 
Pinnock,  Inc.,  Tom  Wilson  Inc.,  Tom's  Barbecue  Inc.,  Town 
Square  Hardware  and  Supply  Company,  Tranzpyro,  Inc., 
Trask  Pynn  Company,  Travers  Beverage  Company.  Incor- 
porated, Travers  Motors,  Inc.,  Traymore  Cafeteria.  Inc., 
Treadwell  Electric  Company,  Trecastagne  Inc.,  Tremont 
Realty  &  Investment  Co.,  Tri-Tan  Leather  Co.,  Trio  Realty 
Company,  Triple- Wear  Overall  Co.,  Triton  Corporation, 
The,  Tropical  Fruit  Company,  Tru-Test  Pharmaceutical 
Corp.,  TuUock  &  Percy,  Inc.,  Turf  Management  Corpora- 
tion, Turner  &  Hefler  Company. 

U.  S.  &  H.  Realty  Company,  Inc.,  U.  S.  Service  Corpo- 
ration, Ultimite  Corporation  of  New  England,  Ultra- Vision 


160  Acts,  1939. —Chap.  179. 

Co.,  Union  Print  Shop,  Inc.,  Union  Realty  Corporation, 
Union  Salt  Co.,  of  Gloucester,  Union  Shoe  Co.  of  Brockton, 
Union  Warehouse  Company,  United  Bancroft  Hotel  Com- 
pany, United  Bias  Binding  Company,  United  Lace  and  Em- 
broidery Co.,  United  Loan  Company,  Inc.,  United  Oil  Com- 
pany, United  Paper  Company,  United  Refiners,  Inc.,  United 
States  Yeast  Company  of  Massachusetts,  United  Stations, 
Inc.,  Universal  Blue  Company,  Universal  Co.,  Inc.,  The, 
Universal  Laboratories,  Inc.,  University  News  Service,  Inc. 

Valley  Hotel,  Inc.,  Van  Norstrand  Inc.,  Van  The  Hatter, 
Inc.,  Vanity  Fair  Beauty  Shops,  Inc.,  Vannah  Lithograph 
Company,  Vaughan-Towle  Company,  Venice  Cafe,  Inc., 
Veraderma  Company,  Inc.,  Vi-Foods  Company,  Victor 
Clothes  Dryer  &  Mfg.  Co.,  The,  Victor  Hat  Co.,  Inc.,  Vic- 
toria Hotel  Inc.  of  Springfield,  Victory  Fertilizer  Corpora- 
tion, Village  Cafe,  Inc.,  Village  Market  Inc.,  Vincent  Manu- 
facturing Co.,  Vitacon  Laboratories  Inc. 

W.  A.  Carr  Co.,  W.  A.  Garbutt  Company,  W.  B.  Hubbard 
and  Sons  Company,  W.  B.  Keen  &  Son,  Inc.,  W.  B.  Studio, 
Incorporated,  W.  J.  Cook,  Inc.,  W.  M,  Rosenfield  Trans- 
portation Inc.,  W.  M.  W.  Corporation,  W.  P.  Soule  Com- 
pany, W.  P.  Soule  Manufacturing  Company,  W.  R.  Parsons, 
Inc.,  W.  T.  McLaughlin  Company,  W.  W.  Co.,  W.  W.  Win- 
ship  Co.,  Wachusett  Airways,  Inc.,  Wakefield  Convalescent 
Home  and  Private  Hospital,  Inc.,  Walker  Coal  &  Coke  Co., 
Wallace  Flexible  Blade  Corporation,  Walnut  Spa,  Inc., 
Walter  H.  Preble  Company,  Walter  Main's  Men's  Store  Inc., 
Waltham  Provision  Company,  Inc.,  Wamsutta  Drug  Com- 
pany, Ward  8  Corporation,  Ware  &  Company,  Inc.,  Warren 
Engineering  Corporation,  Warwick  Lumber  and  Manufac- 
turing Company,  Washington  Finance  Corporation,  The, 
Washington  Pubhc  Market,  Inc.,  Watch  City  Chevrolet, 
Inc.,  Watch  Hospital,  Inc.,  Watertown  Pharmacy,  Inc., 
The,  Wattendorf  &  Co.  Inc.,  Waverly  Food  Shops,  Inc., 
Webster  Building  &  Construction  Company,  Wedge  Lock 
Quoin  Company,  Wellesley  Hills  Investment  Corporation, 
Wellington  &  Buck  Company,  WelHngton  Hospital  Home 
Annex  Inc.,  Wells  Wells  and  Clark,  Inc.,  Wellworth  House, 
Inc.,  West  Lynn  Auto  Supply  Company,  Inc.,  West  Med- 
ford  Cafe,  Inc.,  West  Side  Realty  Company,  Westboro  Sand 
&  Gravel  Company,  Westbridge  Realty  Corporation,  West- 
ern Fruit  &  Produce  Company,  Westfield  Nut  Company, 
Inc.,  Weston  Creamery,  Inc.,  Weston's  Drug  Store,  Inc., 
Westrock  Inc.,  Wheelwright  Properties,  Inc.,  Wilkisson  Ves- 
sels Company,  The,  Willesen  Manufacturing  Company,  Wil- 
liam A.  Hamilton  Company,  WilHam  F.  Bennett,  Inc., 
WilHam  F.  Mayo  Company,  Wm.  H.  Gallison  Co.,  The, 
William  H.  Prior,  Incorporated,  WilHam  J.  Cook  Amuse- 
ment Company,  William  L.  &  John  F.  Power  Company, 
WilHam  L.  Fletcher,  Inc.,  William  S.  Howe  Co.,  WilHam 
Shenkel  &  Sons  Company,  WiUimansett  Distributing  Com- 
pany, Inc.,  Wilson  &  Silsby  Incorporated,  Win-Deco  Dis- 
play Co.  Inc.,  WinaH  Co.,  WincheU  Publishing  Company, 


Acts,  1939. —Chap.  179.  161 

Inc.,  Winchendon  Chair  Company,  Wing  Wall  Paper  Co., 
Wingate-Fisher  Co.,  Winter  Hill  Ice  Company,  Woburn 
Conservatories,  Inc.,  Woburn  Farm  Inc.,  Woburn  Iron  Foun- 
dry, Inc.,  Woburn  Laundry  Co.,  Wolfeboro  Shoe  Co.,  Wonder 
Bar,  Inc.,  Wood  Pollard  Company,  Woodland  Farms,  Inc., 
Worcester  Airport,  Inc.,  Worcester  News  Publishing  Com- 
pany, Worcester  Smelting  Company,  Worcester  Traders' 
Company,  Inc.,  Worcester  Wire  Works  Incorporated, 
Worcester  Woodenware  &  Supply  Co.,  Wyben  Farmers  Co- 
operative Exchange,  Wyman-Allen  Lumber  Company. 

Y-D  Tire  Co.,  Ye  Old  Shay  Tavern,  Inc.,  Yoffe-Krasnow, 
Inc.,  Yon  Brothers,  Inc.,  Young's  Motor  Sales  Company. 

Zanesville  Bees,  Inc. 


Public  Service  Corporations. 

Cape  Cod  Telegraph  Company. 
Dighton  and  Somerset  Water  Company. 
Pioneer  Water  Co. 
Tri  County  Electric  Company. 


Charitable  and  Other  Corporations. 

Abington  Young  Men's  Christian  Association,  Albert  G. 
De  Quevedo  Guild  of  Boston  Inc.,  The,  American  Youth 
Council  of  Westfield,  Incorporated,  Arleen  Grandberg  Me- 
morial, Armour  Springfield  Credit  Union. 

Banca  Commerciale  Italiana  Trust  Company  of  Boston, 
Berkley  Men's  Club  Inc.,  Boston  Caledonian  Club  Build- 
ing Association,  Braintree  Legion  (#2)  Credit  Union. 

Colonial  Credit  Union,  Gushing  Hall  Association,  The. 

DeSoto  Home  Corporation,  Duxbury  Riding  and  Driving 
Club. 

Employees  Benevolent  Association,  Inc. 

French  Women's  Christian  Association. 

John  J.  Flynn  Employees  Credit  Union. 

Leominster  Club,  Lynnfield  Center  Playground  Associa- 
tion, Incorporated,  The. 

Mary  A.  Burnham  School  Inc.,  The,  Massachusetts  Rural 
Communities,  Inc.,  Mothers'  Credit  Union. 

New  England  Builders'  Supply  Association,  North  End 
Diet  Kitchen,  The. 

Roxbury  Ladies  Credit  Union. 

Senoj  Lodge  Associates,  Inc.,  Shawmut  Mutual  Loan  and 
Fund  Association,  Spartans. 

White  Cross  Association  for  Graduate  Nurses  of  Holyoke, 
Mass.,  Winchester  Unemployment  Relief  Committee,  Inc., 
Women's  Educational  and  Indu.strial  Union,  The  (1880), 
Worcester  Society  for  the  Prevention  of  Cruelty  to  Animals, 
The. 

Young  Men's  Educational  Aid  Association,  The,  Young 
Men's  Hebrew  Association  of  Maiden,  Young  Men's  Hebrew 
Association  of  Newton. 


162  Acts,  1939. —Chap.  180. 

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  liabihty  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  obUgation  to  make  a  tax  return  in  the  year 
nineteen  hundred  and  forty  as  required  by  chapter  sixty- 
three  of  the  General  Laws.  The  tax  Hability  of  each  of  the 
corporations  named  in  this  act  shall  be  determined  in  accord- 
ance with  the  existing  laws  of  this  commonwealth. 

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

Approved  May  8,  1939. 


Chav. ISO  ^^  ^^"^  providing  for  the  reduction  of  forest  fire 

HAZARDS  RESULTING  FROM  THE  HURRICANE  OF  SEPTEM- 
BER, nineteen  HUNDRED  AND  THIRTY-EIGHT  BY  THE 
REMOVAL  OF  FALLEN  TREES  AND  DEBRIS  ON  PRIVATE 
PROPERTY. 

Emergency  Whereas„The  deferred  operation  of  this  act  would  tend  to 

pream  e.  (jefg^t  its  purposc,  which  is  to  afford  immediate  protection 

to  persons  and  property  from  extensive  and  uncontrollable 
fires  likely  to  occur  on  account  of  the  accumulation  of  fallen 
trees  and  other  debris  resulting  from  the  hurricane  of  Sep- 
tember, nineteen  hundred  and  thirtj^-eight,  all  of  which  con- 
stitute fire  hazards  in  the  existing  emergency  declared  by  the 
governor,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
health,  safety  and  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  any  case  where  the  department  of  con- 
servation, hereinafter  called  the  department,  after  investi- 
gation, shall  determine  that  forest  fire  hazards  resulting  from 
the  hurricane  of  September,  nineteen  hundred  and  thirty- 
eight,  exist  in  any  limited  and  determinable  area  specified 


Acts,  1939. —Chap.  181.  163 

by  it,  the  department  may  issue  its  order  that  such  hazards 
should  be  reduced  therein.  Forthwith  after  adopting  such 
an  order,  the  department  shall  cause  notice  to  be  given  to 
the  owners  of  and  all  other  persons  interested  in  private 
property  in  such  an  area,  without  designating  them  by  name, 
by  posting  a  copy  of  its  order  on  the  land  of  each  such  owner 
or  by  publication.  Publication,  as  such  term  is  used  herein, 
shall  mean  the  act  of  printing  in  a  newspaper  pubhshed  in 
the  city  or  town,  if  any  is  published  therein,  otherwise  in  the 
county,  in  which  such  area  or  the  major  part  thereof  is 
situated. 

Section  2.  After  the  expiration  of  five  days  from  the 
giving  of  notice  under  section  one  of  this  act,  the  depart- 
ment, persons  deputized  by  it  for  the  purpose  and  their 
assistants  may  enter  upon  any  land  within  the  area  specified 
in  the  notice  and  cause  the  removal  of  the  accumulation  of 
fallen  trees  and  other  debris  resulting  from  the  hurricane  of 
September,  nineteen  hundred  and  thirty-eight,  or  so  much 
thereof  as  seems  to  the  department  essential  in  terminating 
the  imminent  danger  of  fire,  doing  as  little  damage  to  the 
land  and  other  property  of  the  owner  as  possible. 

Section  3.  If  it  becomes  necessary  for  any  of  the  pur- 
poses of  this  act,  the  department,  with  the  approval  of  the 
governor  and  council,  may,  on  behalf  of  the  commonwealth, 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws  rights  of  way  or  other  easements  in  any  lands, 
within  or  without  any  area  specified  as  aforesaid,  for  a  period 
of  time  specified  in  the  order  of  taking.  Whenever  the  prop- 
erty of  any  person  has  been  appropriated  to  the  public  use 
under  authority  of  this  act,  damages  may  be  recovered  from 
the  commonwealth  for  such  appropriation  under  the  pro- 
visions of  said  chapter  seventy-nine. 

Section  4.  This  act  shall  become  inoperative  on  April 
first,  nineteen  hundred  and  forty-one. 

Approved  May  8,  1939. 

An  Act  relative  to  the  redemption  of  subdivisions  of  C hap. ISl 

LAND    WHICH    IS   TAKEN    OR    SOLD    FOR   TAXES. 

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  seventy-six  A  of  chapter  sixty  of  the  General  ^aVw^'^' 
Laws,  inserted  by  section  two  of  chapter  three  hundred  and  §^7oa,  etc., 
fifty-four  of  the  acts  of  nineteen  hundred  and  thirty-five,  is  ^""''^'^^'^■ 
hereby  amended  by  adding  at  the  end  the  following  new 
paragraph :  — 

If  the  plat  of  a  proposed  subdivision  of  land  taken  or  Redemption 
sold  for  failure  to  pay  a  tax  assessed  on  it  as  a  whole,  in  finds'^taken, 
any  city  or  town  having  a  planning  board  established  under  etc.,  for  taxes. 


164 


Acts,  1939. —Chap.  182. 


section  eighty-one  A  of  chapter  forty-one,  or  in  any  other 
city  or  town  which  has  a  board  of  survey  and  has  accepted 
the  provisions  of  sections  eighty-one  F  to  eighty-one  J, 
inclusive,  of  said  chapter,  has  been  approved  by  such  plan- 
ning board  or  board  of  survey  and  such  approval  has  been 
filed  in  the  office  of  such  plannihg  board  or  board  of  survey, 
or  if,  in  any  other  city  or  town,  the  plan  of  a  proposed  sub- 
division of  land  so  taken  or  sold  has  been  duly  recorded  in 
the  registry  of  deeds,  the  land  court,  upon  petition  by  the 
owner  or  mortgagee  of  the  whole  of  the  land  or  any  portion 
thereof  for  redemption  of  any  subdivision  thereof,  may,  after 
notice  to  all  other  persons  interested  in  such  land,  permit 
the  petitioner  to  redeem  such  subdivision,  in  the  manner 
provided  by  section  seventy-six,  upon  such  terms  as  it  may 
deem  just  and  equitable  both  toward  the  petitioner  and 
toward  such  other  persons,  provided  it  finds  that  such  re- 
demption will  not  adversely  affect  the  interests  of  the  city 
or  town  in  which  such  land  is  situated.  Such  redemption 
may  be  permitted  whether  the  approval  of  the  plat  or  the 
recording  of  the  plan  was  before  or  after  said  tax  taking  or 
sale.  Approved  May  8,  1939. 


G.  L.  (Ter. 
Ed.),  39, 
§  10,  etc., 
amended. 


C/iap.  182  An  Act  providing  for  the  calling  of  special  town 

MEETINGS  IN  CERTAIN  CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  thirty-nine  of  the  General  Laws, 
as  most  recently  amended  by  section  one  of  chapter  four 
hundred  and  three  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  further  amended  by  inserting  after  the 
word  "town"  in  the  eighteenth  fine  the  following  new  sen- 
tence :  —  The  selectmen  shall  call  a  special  town  meeting 
upon  request  in  writing  of  two  hundred  registered  voters 
or  of  twenty  per  cent  of  the  total  number  of  registered  voters 
of  the  town,  such  meeting  to  be  held  not  later  than  thirty 
days  after  the  receipt  of  such  request,  and  shall  insert  in  the 
warrant  therefor  all  subjects  the  insertion  of  which  shall  be 
requested  by  said  petition,  —  so  as  to  read  as  follows:  — 
Section  10.  Every  town  meeting,  except  as  hereinafter 
provided,  shall  be  called  in  pursuance  of  a  warrant,  under  the 
hands  of  the  selectmen,  notice  of  which  shall  be  given  at 
least  seven  days  before  such  meeting.  The  warrant  shall  be 
directed  to  the  constables  or  to  some  other  persons,  who  shall 
forthwith  give  notice  of  such  meeting  in  the  manner  pre- 
scribed by  the  by-laws,  or,  if  there  are  no  by-laws,  by  a  vote 
of  the  town,  or  in  a  manner  approved  by  the  attorney  gen- 
eral. The  warrant  for  all  town  meetings  shall  state  the  time 
and  place  of  holding  the  meeting  and  the  subjects  to  be 
acted  upon  thereat.  The  selectmen  shall  insert  in  the  war- 
rant for  the  annual  meeting  all  subjects  the  insertion  of 
which  shall  be  requested  of  them  in  writing  by  ten  or  more 
registered  voters  of  the  town  and  in  the  warrant  for  every 


Special  towr 
meetings, 
callinsc  of, 
in  certain 


Acts,  1939. —Chap.  183.  165 


special  town  meeting  all  subjects  the  insertion  of  which  shall 
be  requested  of  them  in  writing  by  one  hundred  registered 
voters  or  by  ten  per  cent  of  the  total  number  of  registered 
voters  of  the  town.  The  selectmen  shall  call  a  special  town 
meeting  upon  request  in  writing  of  two  hundred  registered 
voters  or  of  twenty  per  cent  of  the  total  number  of  regis- 
tered voters  of  the  town,  such  meeting  to  be  held  not  later 
than  thirty  days  after  the  receipt  of  such  request,  and  shall 
insert  in  the  warrant  therefor  all  subjects  the  insertion  of 
which  shall  be  requested  by  said  petition.  No  action  shall 
be  valid  unless  the  subject  matter  thereof  is  contained  in  the 
warrant.  Two  or  more  distinct  town  meetings  for  distinct 
purposes  may  be  called  by  the  same  warrant. 

Approved  May  8,  1939. 


An  Act  authorizing  cities  and  towns  to  place  certain  Chav.lSZ 

OFFICES    UNDER   THE    CIVIL   SERVICE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended  g.  l.  (Ter. 

1         ■  ,■  /,  J.-  r      J.  •  •  •       J.U      Ed.),  31,  new 

by  inserting  after  section  forty-nine,  as  appearing  in  the  section  49a, 
Tercentenary   Edition,   the   following   new   section :  —  Sec-  i^iserted. 
tion  49 A.     Notwithstanding  the  provisions  of  section  five,  offi^smay 
upon  the  fifing  with  the  clerk  of  a  city  or  town  of  a  petition  j^^^f^f  p^^,ji 
signed  by  registered  voters  of  such  city  or  town  equal  in  se"rV!ce"^* 
number  to  at  least  thirty  per  cent  of  the  first  twenty-five  Local 
hundred,  or  fraction  thereof,  of  the  whole  number  of  regis-  referendum, 
tered  voters,  six  per  cent  of  the  next  twenty-five  thousand, 
or  fraction  thereof,   of  such   whole   number   of  registered 
voters  and  one  per  cent  of  the  number  of  registered  voters 
above  twenty-seven  thousand  five  hundred,  and  conforming 
to  the  provisions  of  section  thirty-eight  of  chapter  forty- 
three   relative   to   initiative   petitions,   said   petition   being 
approved  in  writing  by  the  present  incumbent  or  incum- 
bents of  the  office  or  offices  specified  in  said  petition  and 
requesting  that  there  be  placed  within  the  classified  civil 
service  an  office  or  offices  so  specified,  not  filled  by  popular 
election  and  not  hereinafter  excluded  from  the  provisions 
of  this  section,  and  the  incumbent  or  incumbents  of  which 
shall  have  served  therein  continuously  for  not  less  than  five 
years  immediately  prior  to  the  date  of  said  petition,  the 
question  or  questions  whether  the  said  office  or  offices  shall 
be  placed  within  the  classified  civil  service  shall  be  sub- 
mitted to  the  registered  voters  of  such  city  or  town  as  here- 
inafter provided.    In  the  case  of  a  city,  and  of  a  town,  using 
official  ballots  such  question  or  questions  shall  be  submitted 
at  the  next  annual  or  biennial  city  election  or  annual  town 
meeting,  as  the  case  may  be,  or  at  the  next  biennial  state 
election,  whichever  first  occurs,  and,  in  the  case  of  a  town 
not  using  official  ballots,  at  the  next  biennial  state  election, 
held  more  than  sixty  days  subsequent  to  the  date  of  the 
filing  of  such  petition  in  such  city  or  town.    Such  question 


166  Acts,  1939. —Chap.  184. 

or  questions,  if  submitted  at  a  city  or  state  election,  shall 
be  printed  upon  the  official  ballot  to  be  used  in  the  city  or 
town  at  said  election,  and  if  submitted  at  a  town  meeting 
shall  be  printed  upon  the  official  ballot  to  be  used  for  the 
election  of  town  officers  at  said  town  meeting,  in  substan- 
tially the  following  form: 

Question  1.  (Part  1)  Shall  the  city  (or  town)  vote  to 
have  the  office  of  (title  of  office)  placed  within  the  classified 
civil  service?     Yes No 

(Part  2)  If  it  is  voted  to  place  the  office  of  (title  of 
office)  within  the  classified  civil  service,  shall  the  city  (or 
town)  vote  to  provide  for  the  continuance  in  said  office  of 
(name    of    incumbent),    the    present    incumbent    thereof, 

after    passing    a    qualifying    examination?      Yes 

No 

There  shall  be  a  separate  numbered  question  for  each 
office  sought  to  be  placed  within  the  classified  civil  service 
under  this  section. 

The  office  specified  in  Part  1  of  each  question  so  sub- 
mitted, in  answer  to  which  a  majority  of  the  voters  voting 
thereon  votes  in  the  affirmative,  shall  be  placed  within 
the  classified  civil  service,  and  the  incumbent  of  such  office 
upon  the  date  of  such  petition,  if  Part  2  of  the  question  in 
which  said  office  is  specified  shall  have  been  so  answered  in 
the  affirmative,  shall,  if  still  the  incumbent  of  such  office, 
be  subjected  to  a  non-competitive  quahfying  examination 
for  such  office  by  the  division.  If  such  incumbent  passes 
said  examination,  he  shall  be  certified  for  said  office  and 
shall  be  deemed  to  be  permanently  appointed  thereto  with- 
out serving  any  probationary  period,  and  his  tenure  of 
office,  as  well  as  the  tenure  of  office  of  any  subsequent  in- 
cumbent of  said  office,  shall  be  unHmited,  subject,  however, 
to  the  provisions  of  this  chapter.  If  such  incumbent  does 
not  pass  such  non-competitive  quahfying  examination,  or 
if  the  majority  of  voters  voting  on  said  Part  2  of  the  ques- 
tion votes  thereon  in  the  negative,  such  incumbent  may 
continue  to  serve  in  said  office,  but  shall  not  be  subject  to 
the  provisions  of  this  chapter. 

This  section  shall  not  apply  to  the  office  or  offices  of  city 
solicitor,  assistant  city  solicitor,  secretary  to  the  mayor, 
clerk  of  the  board  of  selectmen,  town  counsel,  assistant 
town  counsel,  legislative  counsel,  registrars  of  voters  or  pub- 
lic school  teachers. 

Nothing  in  this  section  shall  prevent  a  town  from  acting 
under  sections  forty-seven,  forty-eight  and  forty-nine,  or 
any  of  said  sections.  Approved  May  8,  1939. 

Chap. 184:  An  Act  to  establish  the  salaries  of  the  mayor  and 

THE  CITY  COUNCIL  OF  THE  CITY  OF  GARDNER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eleven  of  chapter  one  hundred  and 
nineteen  of  the  acts  of  nineteen  hundred  and  twenty-one  is 


Acts,  1939. —Chap.  185.  167 

hereby  amended  by  striking  out,  in  the  third  Une,  the  word 
"fifteen"  and  inserting  in  place  thereof  the  word:  —  twenty- 
five,  —  and  by  striking  out,  in  the  eighth  hne,  the  word 
"two"  and  inserting  in  place  thereof  the  word:  —  three,  — 
so  as  to  read  as  follows :  —  Section  1 1 .  The  mayor  shall 
receive  for  his  services  such  salary  as  the  city  council  by 
ordinance  shall  determine,  not  exceeding  twenty-five  hun- 
dred dollars  a  year,  and  he  shall  receive  no  other  compensa- 
tion from  the  city.  His  salary  shall  not  be  increased  or 
diminished  during  the  term  for  which  he  is  elected. 

The  council  may,  by  a  two  thirds  vote  of  all  its  members, 
taken  by  call  of  the  yeas  and  nays,  establish  a  salary  for  its 
members  not  exceeding  three  hundred  dollars  each  year. 
Such  salary  may  be  reduced,  but  no  increase  therein  shall  be 
made  to  take  effect  during  the  year  in  which  the  increase 
is  voted. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Gardner  at  its  regular 
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-nine,  entitled 
'An  Act  to  establish  the  salaries  of  the  Mayor  and  the  City 
Council  of  the  City  of  Gardner',  be  accepted?  "  If  a  majority 
of  the  votes  in  answer  to  said  question  is  in  the  affirmative, 
then  this  act  shall  take  full  effect  on  the  first  Monday  of 
January,  in  the  year  nineteen  hundred  and  forty,  but  not 
otherwise.  Approved  May  5,  1939. 

An  Act  authorizing  the  town  of  billerica  to  furnish  Chap. 185 

WATER   TO    certain   INHABITANTS    OF   THE   TOWN    OF    BED- 
FORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  town  of  Billerica  may  furnish  water 
from  its  water  system,  for  domestic  and  fire  prevention 
purposes,  under  such  terms  and  conditions  as  may  be  agreed 
upon  by  said  town  and  the  town  of  Bedford,  to  the  residents 
of  said  town  of  Bedford  whose  property  abuts  Spring  road 
in  Bedford,  hereinafter  referred  to  as  abutters  within  a  dis- 
tance of  two  thousand  feet  from  the  present  end  of  the 
water  main  of  said  town  of  Billerica  on  Spring  street  at  the 
Billerica-Bedford  town  line;  and  for  said  purposes  said 
town  of  Billerica  may  take  by  eminent  domain  under  chap- 
ter seventy-nine  of  the  General  Laws,  such  lands,  water 
courses,  rights  of  way  and  easements  as  may  be  necessary 
and  may  lay  conduits  and  pipes  and  construct  other  neces- 
sary works  over,  under  or  across  any  such  lands  or  water 
courses,  and  over,  under  or  across  any  public  or  private 
ways  in  said  town  of  Bedford,  and  may  dig  up  public  and 
private  ways  in  said  town  of  Bedford  without  unneces- 
sarily obstructing  the  same.  No  work  shall  be  done  under 
authority  of  this  act  affecting  a  state  highway  except  with 


168  Acts,  1939. —Chap.  186. 

the  prior  approval  of,  and  subject  to  such  terms  and  condi- 
tions as  may  be  prescribed  by,  the  state  department  of 
pubHc  works.  No  conduits  or  pipes  shall  be  laid  or  work 
constructed  under  authority  of  this  act  in  said  town  of  Bed- 
ford except  such  as  are  necessary  for  the  supply  of  water 
for  the  use  of  abutters  on  Spring  road,  and  no  connection 
shall  be  made  to  said  conduits  or  pipes  in  said  town  of  Bed- 
ford other  than  for  supplying  such  persons.  All  work  done 
in  said  town  of  Bedford  under  authority  of  this  act,  except 
such  work  as  affects  a  state  highway,  shall  be  subject  to  the 
prior  approval,  and  shall  be  done  under  the  direction,  of  the 
selectmen  of  said  town  of  Bedford. 

Said  town  of  Billerica  may  appropriate  and  expend  such 
sums  as  may  be  necessary  for  the  aforesaid  purpose. 

Said  town  of  Billerica  may  contract  in  writing  with  any 
abutters  on  Spring  road  relative  to  the  quantity  of  water 
to  be  supplied  or  purchased  as  aforesaid,  the  method  of 
measuring  the  same,  the  price  to  be  paid  therefor,  and  all 
other  matters  incidental  thereto. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance, at  any  annual  or  special  town  meeting,  by  the  inhabit- 
ants of  the  towns  of  Billerica  and  Bedford,  respectively, 
but  not  otherwise.  Approved  May  8,  1939. 


Chap. 186  An  Act  with  respect  to  the  administration  of  the 

BOSTON  PUBLIC  SCHOOL  TEACHERS'  RETIREMENT  FUND. 

Be  it  enacted,  etc.,  as  follows. • 

Section  ten  of  chapter  two  hundred  and  thirty-seven  of 
the  acts  of  nineteen  hundred,  as  amended  by  section  two  of 
chapter  one  hundred  and  forty  of  the  acts  of  nineteen  hun- 
dred and  twenty,  is  hereby  further  amended  by  adding  at 
the  end  the  following  new  paragraph :  — 

Upon  the  death,  subsequent  to  January  first,  nineteen 
hundred  and  thirty-nine,  of  any  teacher  who  shall  have  been 
a  contributing  member  for  two  years  or  more,  and  who  shall 
die  while  in  the  service  of  the  city  of  Boston,  not  being  in 
receipt  of  an  annuity,  the  duly  appointed  representative  of 
the  estate  of  such  teacher  may,  within  one  year  after  the 
death  of  such  teacher,  make  an  application  in  writing  to 
said  board  of  trustees  to  receive,  for  the  benefit  of  the  estate 
of  such  teacher,  one  half  of  the  total  amount  paid  by  such 
teacher  into  said  retirement  fund.  Said  board  of  trustees 
may,  in  their  discretion,  grant  or  deny  said  application,  in 
whole  or  in  part.  Upon  the  granting  of  said  application,  in 
whole  or  in  part,  by  said  board  of  trustees,  said  representa- 
tive shall  thereupon  be  entitled  to  receive,  for  the  benefit 
of  said  estate,  from  the  retirement  fund,  in  full  release  or 
satisfaction  of  any  claims  or  rights  against  said  fund,  such 
sum  as  may  be  granted  by  said  board  of  trustees,  said  sum 
to  be  computed  and  fixed  by  it,  but  in  no  event  shall  pay- 
ment on  any  appHcation  so  granted  exceed  one  half  of  the 


Acts,  1939.  —  Chaps.  187,  188.  169 

aggregate  of  all  said  contributions  made  by  said  deceased 
teacher,  or  the  sum  of  two  hundred  and  seventy  dollars. 

Approved  May  8,  1939. 


Chap. 187 


An  Act  relative  to  the  sale  or  exchange  of  property 

AND  assets   of   TRUST  COMPANIES   AND   TO   THE   PURCHASE 
BY  TRUST  COMPANIES  OF  PROPERTY  AND  ASSETS  OF  BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-two  of  the  General  g.  l.  (Ter. 
Laws  is  hereby  amended  by  striking  out  section  f ortj^-f our,  f ti'  ime'nded. 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following: — Section  44.     No  trust  com-  Consolidation 
pany  shall  be  merged  in  or  consohdated  with  another  trust  companies 
company,  or  sell  or  exchange  all  or  substantially  all  of  its  regulated, 
property  and  assets,  except  with  the  written  approval  of  the 
commissioner  and  subject  to  the  provisions  of  sections  forty- 
two  and  forty-six  of  chapter  one  hundred  and  fifty-six;   and 
no  trust  company  shall  purchase  all  or  substantially  all  of 
the  property  and  assets  of  any  bank  or  trust  company,  ex- 
cept with  the  written  approval  of  the  commissioner.     The 
charter  of  a  trust  company  the  business  of  which  shall,  on 
or  after  July  first,  nineteen  hundred  and  twenty-two,  have 
been  consohdated  or  merged  with,  or  absorbed  by,  another 
bank  or  trust  company,  or  the  affairs  of  which  shall,  on  or 
after  said  date,  have  been  Uquidated,  shall  be  void  except 
for   the    purpose    of    discharging   existing   obligations    and 
liabihties.  Approved  May  < 


Chap. 188 


An   Act  relative   to   the   preparation,    printing   and 

POSTING  op  lists  OF  INHABITANTS  OF  CITIES  AND  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fifty-one  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  section  five,  as  amended  by  flci 'amended 
section  three  of  chapter  four  hundred  and  forty  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following: — Section  5.     The  registrars,  except  Transmission 
in  any  city  or  town  as  to  which  it  is  otherwise  provided  by  fistno^*"^ 
special  law,  shall  on  or  before  April  fifteenth  in  each  year  assessors, 
transmit  to  the  assessors  the  fists  of  all  male  persons  twenty 
years  of  age  or  older  required  by  the  preceding  section,  or 
certified  copies  thereof,  and  shall  promptl}'^  transmit  to  the 
assessors  and  to  the  collector  of  taxes  notice  of  every  addi- 
tion to  and  correction  in  the  fists  made  by  them,  so  far  as 
they  relate  to  such  male  persons.    Every  registrar,  assistant 
registrar  and  collector  of  taxes  shall  furnish  all  information 
in  his  possession  necessary  to  aid  the  assessors  in  the  per- 
formance of  their  duties. 

Section  2.      Said    chapter    fifty-one    is    hereby   further  o.  l.  (Ter. 
amended  by  striking  out  section  six,  as  amended  by  section  ^to! amended 
four  of  said  chapter  four  hundred  and  forty,  and  inserting 


170 


Acts,  1939. —Chap.  189. 


Lists,  prepa- 
ration of. 


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

Form  and 
contents 
of  lists. 


in  place  thereof  the  following: —  Section  6.  Except  in  any- 
city  or  town  as  to  which  it  is  otherwise  provided  by  special 
law,  the  registrars  on  or  before  April  fifteenth  in  each  year, 
shall  prepare  lists  containing  the  names  and  addresses  of  all 
persons  listed  by  them  under  section  four  for  the  current 
year.  Such  hsts  shall  be  arranged  in  cities  by  streets,  and 
in  towns  by  streets  or  alphabetically  by  the  names  of  the 
persons  listed,  and  in  cities  and  in  towns  of  over  five  thou- 
sand inhabitants  according  to  the  latest  national  or  state 
census,  by  the  smallest  subdivision  of  the  city  or  town  for 
the  purpose  of  voting.  On  or  before  June  fifteenth  in  each 
year,  the  registrars  in  cities  and  in  such  towns  shall  cause 
such  Hsts  to  be  printed,  and  the  registrars  in  other  towns  shall 
cause  such  lists  to  be  conspicuously  posted  in  two  or  more 
pubhc  places  therein.  The  registrars  shall  deliver  to  the 
assessors  as  many  copies  of  such  lists  as  they  may  require. 

Section  3.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  seven,  as  most  recently 
amended  by  section  five  of  said  chapter  four  hundred  and 
forty,  and  inserting  in  place  thereof  the  following :  —  Sec- 
tion 7.  On  the  lists  prepared  under  section  six  for  dehvery 
to  the  assessors  or  other  pubHc  officers,  the  registrars  shall 
name  or  designate  all  buildings  used  as  residences,  in  their 
order  on  the  street  where  they  are  located,  by  giving  the 
number  or  other  definite  description  of  each  building  so  that 
it  can  be  readily  identified,  and  shall  place  opposite  to  or 
under  each  number  or  other  description  of  a  building  the 
name,  age,  occupation  and  nationality  if  not  a  citizen  of  the 
United  States,  of  every  person  who  is  listed  under  section 
four,  and  his  residence  on  January  first  of  the  preceding 
year  and  of  the  current  year.  Approved  May  8,  1939. 


G.  L.  (Ter 
Ed.;,  93, 
§  14E,  etc. 
amended. 


C/iap.  189  An   Act   clarifying   the   Massachusetts   unfair   sales 

ACT,  so  CALLED,  BY  FURTHER  DEFINING  THE  TERMS  "  COST 
TO  THE  retailer",  "cOST  TO  THE  WHOLESALER",  "WHOLE- 
SALER", AND  "retailer"  AS  USED  THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fourteen  E  of  chapter  ninety-three 
of  the  General  Laws,  inserted  therein  by  section  one  of 
chapter  four  hundred  and  ten  of  the  acts  of  nineteen  hun- 
dred and  thirty-eight,  is  hereby  amended  by  inserting  after 
the  word  "retailer"  in  the  fifth  line  the  words:  —  within 
thirty  days  prior  to  the  date  of  sale,  —  and  by  inserting 
after  the  word  "wholesaler"  in  the  twentieth  fine  the  words: 
—  within  thirty  days  prior  to  the  date  of  sale,  —  so  that 
paragraphs  (a)  and  (b)  of  said  section  will  read  as  follows :  — 
(a)  The  term  "cost  to  the  retailer"  shall  mean  the  invoice 
cost  of  the  merchandise  to  the  retailer  within  thirty  days 
prior  to  the  date  of  sale,  or  the  replacement  cost  of  the 
merchandise  to  the  retailer  within  thirty  days  prior  to  the 
date  of  sale,  in  the  quantity  last  purchased,  whichever  is 
lower;    less  all  trade  discounts  except  customary  discounts 


Terra  "  cost  to 
the  retailer" 
defined. 


Acts,  1939. —Chap.  190.  171 

for  cash;  to  which  shall  be  added  (1)  freight  charges  not 
otherwise  included  in  the  cost  of  the  merchandise,  (2)  cart- 
age to  the  retail  outlet  if  performed  or  paid  for  by  the 
retailer,  which  cartage  cost  shall  be  deemed  to  be  three 
fourths  of  one  per  cent  of  the  cost  of  the  merchandise  to 
the  retailer,  unless  said  retailer  claims  and  proves  a  lower 
cartage  cost,  and  (3)  a  mark-up  to  cover  in  part  the  cost  of 
doing  business,  which  mark-up,  in  the  absence  of  proof  of 
a  lesser  cost,  shall  be  six  per  cent  of  the  total  cost  at  the 
retail  outlet; 

(6)  The  term  "cost  to  the  wholesaler"  shall  mean  the  \®'''"u'^°®*j*°,. 
invoice  cost  of  the  merchandise  to  the  wholesaler  within  delned"^^''" 
thirty  days  prior  to  the  date  of  sale,  or  the  replacement 
cost  of  the  merchandise  to  the  wholesaler  within  thirty  days 
prior  to  the  date  of  sale,  in  the  quantity  last  purchased, 
whichever  is  lower;  less  all  trade  discounts  except  cus- 
tomary discounts  for  cash;  to  which  shall  be  added  (1) 
freight  charges  not  otherwise  included  in  the  cost  of  the 
merchandise,  and  (2)  cartage  to  the  retail  outlet  if  per- 
formed or  paid  for  by  the  wholesaler,  which  cartage  cost 
shall  be  deemed  to  be  three  fourths  of  one  per  cent  of  the 
cost  of  the  merchandise  to  the  wholesaler,  unless  said  whole- 
saler claims  and  proves  a  lower  cartage  cost,  and  (3)  a 
mark-up  to  cover  in  part  the  cost  of  doing  business,  which 
mark-up,  in  the  absence  of  proof  of  a  lesser  cost,  shall  be  two 
per  cent  of  the  total  cost  at  the  wholesale  establishment; 

Section  2.    Said  section  fourteen  E  of  said  chapter  ninety-  g.  l.  (Xer. 
three,  as  so  appearing,  is  hereby  further  amended  by  adding  fuE^further 
at  the  end  the  following  new  paragraph :  —  amended. 

(h)  Whenever  any  person,  co-partnership,  corporation  or  wholesaler 
association  subject  to  this  chapter,  in  the  course  of  doing  ^"hln^'acting 
business,   performs  the  functions  of  both  wholesaler  and  ^^  ^.oth. 
retailer  without  actually  being  engaged  in  the  business  of 
making  sales   at   wholesale,   the   term   "wholesaler"   shall 
mean  and  include  that  function  of  the  business  of  prepara- 
tion for  sale  at  the  retail  outlet,  and  the  term  "retailer" 
shall  be  applied  only  to  the  retail  portion  of  such  business. 

Approved  May  10,  1939. 

An  Act  relative  to  the  membeeship  of  the  licensing  C/iap.  190 

COMMISSION   OF   THE    CITY   OF   SOMERVILLE, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
ninety-one  of  the  acts  of  nineteen  hundred  and  twenty- 
three  is  hereby  amended  by  inserting  after  the  word  "de- 
termine" in  the  fifth  Hne  the  following  new  sentence:  — 
One  member  of  said  commission  shall  be  appointed  from 
each  of  the  two  leading  political  parties  and  the  third  mem- 
ber ^  shall  also  be  appointed  from  one  of  said  parties,  —  so 
as  to  read  as  follows :  —  Section  1 .  The  city  of  Somerville 
may  by  ordinance  establish  a  h  censing  commission  and 
from  time  to  time  place  in  charge  of  and  withdraw  from  said 


172  Acts,  1939. —Chap.  191. 


commission  the  issuing  of  such  of  the  licenses,  now  or  here- 
after authorized  by  law  to  be  issued  by  its  board  of  alder- 
men, as  the  city  may  by  ordinance  determine.  One  member 
of  said  commission  shall  be  appointed  from  each  of  the  two 
leading  poHtical  parties  and  the  third  member  shall  also  be 
appointed  from  one  of  said  parties.  Said  commission  shall 
have  all  the  powers  conferred  by  the  statutes  of  the  com- 
monwealth upon  the  board  of  aldermen  and  the  mayor  in 
relation  to  such  Ucenses  as  may  be  placed  in  its  charge  and 
the  regulation  of  the  subject  matters  thereof.  The  mem- 
bers of  said  commission  shall  be  appointed  by  the  mayor, 
subject  to  confirmation  by  the  board  of  aldermen,  and  shall 
receive  such  compensation,  if  any,  as  the  mayor  and  board 
of  aldermen  may  determine.  The  powers  and  duties  of 
licensing  boards,  mentioned  in  section  four  of  chapter  one 
hundred  and  thir£y-eight  of  the  General  Laws,  shall  vest  in 
said  commission. 

Section  2.  From  time  to  time  as  a  vacancy  occurs  in 
said  licensing  commission,  as  constituted  on  the  effective 
date  of  this  act,  by  expiration  of  term  or  otherwise,  a  suc- 
cessor to  the  member  whose  office  becomes  vacant  shall  be 
so  appointed  that  the  requirement  in  section  one  of  this  act 
as  to  representation  of  the  two  leading  political  parties  on 
said  commission  will  be  compHed  with  as  soon  as  may  be, 
and  thereafter  said  section  one  shall  apply  to  the  appoint- 
ment of  members  of  said  commission. 

Approved  May  10,  1939. 


Chap.  191  An  Act  relative  to  the  number  of  signatures  required 
ON  nomination  papers  of  independent  candidates  for 
office. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter  fifty-three  of  the  General  Laws  is  hereby  amended 

f  e'^euf,'  by  striking  out  section  six,  as  amended  by  chapter  one  hun- 

amended.  ^jj-g^j  ^ud  one  of  the  acts  of  nineteen  hundred  and  thirty-six. 

Nomination  and  inserting  in  place  thereof  the  following: — Section  6. 
number  of  Nomiuatlons  of  candidates  for  any  offices  to  be  filled  by  all 
r'eq'Jilred*'^  the  votcrs  of  the  commonwealth  may  be  made  by  nomina- 
tion papers,  stating  the  facts  required  by  section  eight  and 
signed  in  the  aggregate  by  not  less  than  such  number  of 
voters  as  will  equal  three  per  cent  of  the  entire  vote  cast  for 
governor  at  the  preceding  biennial  state  election.  Nomina- 
tions of  all  other  candidates  for  offices  to  be  filled  at  a  state 
election,  and  of  all  candidates  for  offices  to  be  filled  at  a 
city  or  town  election  except  where  city  charters  or  general 
or  special  laws  provide  otherwise,  may  be  made  by  like  nomi- 
nation papers,  signed  in  the  aggregate  by  not  less  than  such 
number  of  voters  as  will  equal  three  per  cent  of  the  entire 
vote  cast  for  governor  at  the  preceding  biennial  state  elec- 
tion in  the  electoral  district  or  division  for  which  the  officers 
are  to  be  elected.    Nominations  of  candidates  for  town  offices 


Acts,  1939. —Chap.  191.  173 

to  be  filled  at  a  town  election  may  be  made  by  nomination 
papers  which  shall  be  signed  as  aforesaid  but  in  no  case  by 
less  than  twenty  voters.  At  a  first  election  to  be  held  in  a 
newly  estabhshed  ward,  the  number  of  voters  upon  a  nomi- 
nation paper  of  a  candidate  who  is  to  be  voted  for  only  in 
such  ward  need  not  exceed  fifty;  and  at  a  first  election  in 
a  town  the  number  for  the  nomination  of  a  candidate  who 
is  to  be  voted  for  only  in  such  town  need  not  exceed  twenty. 

Approved  May  10,  1939. 

The  Commonwealth  of  Massachttsetts, 
Executive    Department,    State    House, 

Boston,  July  20,  1939. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commomvealth, 
State  House,  Boston. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  ac- 
cordance with  the  provisions  of  the  Forty-eighth  Amend- 
ment to  the  Constitution,  "The  Referendum  II,  Emergency 
Measures",  do  declare  that  in  my  opinion,  the  immediate 
preservation  of  the  public  peace,  health,  safety,  and  con- 
venience requires  that  the  law  passed  on  the  tenth  day  of 
May  in  the  year  nineteen  hundred  and  thirty-nine,  entitled, 
"An  Act  relative  to  the  number  of  signatures  required 
on  nomination  papers  of  independent  candidates  for  office" 
should  take  effect  forthwith,  that  it  is  an  emergency  law 
and  that  the  facts  constituting  the  emergency  are  as  follows : 

For  the  reason  that  the  law  is  in  the  interest  of  honesty 
and  sincerity  under  our  democratic  system  of  government 
and  is  for  the  protection  of  minority  groups  who  have  con- 
sistently shown  themselves  over  a  period  of  years  to  have 
distinct  ideas  concerning  the  operation  of  our  system  of  dem- 
ocratic government. 

Very  truly  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  July  20,  1939. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  four  o'clock  and  fifty- 
five  minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Consti- 
tution said  chapter  takes  effect  forthwith,  being  chapter 
one  hundred  and  ninety-one  of  the  acts  of  nineteen  hun- 
dred and  thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth, 


174  Acts,  1939.  —  Chaps.  192,  193. 


Chap. 192  An  Act  authorizing  the  bourne  water  district  to  make 

AN   ADDITIONAL   WATER   LOAN. 

Be  it  enacted,  etc.,  as  follow s: 

Section  1.  Section  four  of  chapter  four  hundred  and 
forty-one  of  the  acts  of  nineteen  hundred  and  thirty-eight 
is  hereby  amended  by  striking  out,  in  the  fifth  hne,  the  word 
"four"  and  inserting  in  place  thereof  the  word:  — six, — 
so  as  to  read  as  follows :  —  Section  4-  For  the  purpose  of 
paying  the  necessary  expenses  and  liabilities  incurred  under 
the  provisions  of  this  act,  other  than  expenses  of  mainte- 
nance and  operation,  the  district  may  borrow  from  time 
to  time  such  sums  as  may  be  necessary,  not  exceeding,  in  the 
aggregate,  six  hundred  thousand  dollars,  and  may  issue 
bonds  or  notes  therefor,  which  shall  bear  on  their  face  the 
words.  Bourne  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  chapter  forty-four  of  the  General  Laws.  The 
town  of  Bourne  may,  at  its  annual  town  meeting  or  at  a  legal 
meeting  called  for  the  purpose,  guarantee  the  payment  of 
such  bonds  or  notes. 

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

Approved  May  12,  1939. 

Chap.  193  An  Act  further  regulating  the  appearance  of  certain 

CHILDREN   ON   THE    STAGE    OF   CERTAIN    THEATRES. 

Emergency  Whcveas,    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: 
G.  L.  (Ter.  Section  1.     Sectiou  sixty  of  chapter  one  hundred  and 

f  60.'  ett^.'         forty-nine  of  the  General  Laws,  as  amended  by  chapter  two 
amended.  hundred  and  three  of  the  acts  of  nineteen  hundred  and  thirty- 

five,  is  hereby  further  amended  by  adding  at  the  end  the 
following  new  paragraph :  — 
Employment  This  scctiou  shall  uot  be  deemed  to  prohibit  minors  under 

on  the'sugo.  fourteen  from  taking  part  on  the  stage  for  a  limited  period 
in  a  play  or  musical  comedy  in  a  theatre  wherein  not  more 
than  two  performances  are  given  in  any  one  day  and  not 
more  than  eight  performances  are  given  in  any  one  week  if 
the  commissioner,  after  being  satisfied  that  the  supervision 
of  such  minors  is  adequate,  that  their  living  conditions  are 
healthful  and  that  their  education  is  not  neglected,  gives 
his  written  consent  to  such  taking  part. 
G.  L.  (Ter.  SECTION  2.    Scctiou  oue  hundred  and  four  of  said  chap- 

U04/efc.,        ter  one  hundred  and  forty-nine,  as  amended  by  chapter 
amended.         tWcuty-seven  of  the  acts  of  nineteen  hundred  and  thirty- 


Acts,  1939. —Chap.  194.  175 

two,  is  hereby  further  amended  by  inserting  after  the  word 
"selectmen"  in  the  sixteenth  Hne  the  following: —  ;  nor 
shall  it  prevent  children  under  fifteen  from  taking  part  on 
the  stage  for  a  limited  period  in  a  play  or  musical  comedy 
in  a  theatre  wherein  not  more  than  two  performances  are 
given  in  any  one  day  and  not  more  than  eight  performances 
are  given  in  any  one  week  if  the  commissioner,  after  being 
satisfied  that  the  supervision  of  such  children  is  adequate, 
that  their  living  conditions  are  healthful  and  that  their 
education  is  not  neglected,  gives  his  written  permission  to 
such  taking  part,  —  so  as  to  read  as  follows:  —  Section  104.  o^ehOdrTn"* 
No  person  shall  employ,  exhibit  or  sell,  apprentice  or  give  Tn  theatrical 
away,  a  child  under  fifteen  for  the  purpose  of  employing  or  exhibitions, 
exhibiting  him  in  dancing  on  the  stage,  playing  on  musical 
instruments,  singing,  walking  on  a  wire  or  rope,  or  riding  or 
performing  as  a  gymnast,  contortionist  or  acrobat  in  a  cir- 
cus, theatrical  exhibition  or  in  any  pubhc  place,  or  cause, 
procure  or  encourage  such  child  to  engage  therein;  but  this 
section  shall  not  prevent  the  education  of  children  in  vocal 
and  instrumental  music  or  dancing  or  their  participation  in 
any  exhibition  of  dancing  conducted  as  a' part  of  its  gradua- 
tion exercises  by  a  school  furnishing  them  instruction  in 
dancing  or  their  employment  as  musicians  in  a  church, 
chapel,  school  or  school  exhibition,  or  prevent  their  taking 
part  in  any  festival,  concert  or  musical  exhibition  upon  the 
special  written  permission  of  the  aldermen  or  selectmen;  nor 
shall  it  prevent  children  under  fifteen  from  taking  part  on 
the  stage  for  a  limited  period  in  a  play  or  musical  comedy 
in  a  theatre  wherein  not  more  than  two  performances  are 
given  in  any  one  day  and  not  more  than  eight  performances 
are  given  in  any  one  week  if  the  commissioner,  after  being 
satisfied  that  the  supervision  of  such  children  is  adequate, 
that  their  living  conditions  are  healthful  and  that  their  edu- 
cation is  not  neglected,  gives  his  written  permission  to  such 
taking  part.  Whoever  violates  this  section  shall  be  punished  Penalty, 
by  a  fine  of  not  more  than  two  hundred  dollars  or  by  im- 
prisonment for  not  more  than  six  months. 

Approved  May  12,  1939. 


An  Act  giving  to  the  supreme  judicial,  superior  and  Qhav.^^^ 

PROBATE  COURTS  JURISDICTION  IN  EQUITY  OF  SUITS  TO 
DETERMINE  THE  DISPOSITION  OF  THE  PROPERTY  OF  CER- 
TAIN INACTIVE  RELIGIOUS  SOCIETIES  AND  AFFILIATED 
ORGANIZATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  two  hundred  and  EdX2i4?' 
fourteen  of  the  General  Laws,  as  appearing  in  the  Tercen-  §  3,  kmended. 
tenary  Edition,  is  hereby  amended  by  adding  at  the  end  the 
following  new  clause :  — 

(12)  Suits  to  determine  the  purposes  or  uses  to  which  Special  , 
the  property,  whether  held  in  trust  or  otherwise,  of  any  o^supr^eme 


176 


Acts,  1939. —Chap.  195. 


judicial  and 
superior  courts 
over  certain 


G.  L.  (Te; 
Ed.),  215, 
§  6,  etc., 
amended. 


Equity  juris- 
diction of 
probate  courts. 


church  or  reHgious  society  which  shall  have  failed  for  two 
consecutive  years  next  prior  to  the  bringing  of  the  suit  to 
hold  religious  services,  or  shall  have  failed  for  such  period 
to  hold  a  meeting  for  the  election  of  officers  or  shall  other- 
wise have  become  inactive,  or  of  any  auxiliary  organization 
affihated  with  such  a  church  or  religious  society,  shall  be 
applied,  and  to  enforce  the  application  thereof  in  accord- 
ance with  such  determination.  Such  a  suit  may  be  com- 
menced by  the  governing  body  of  the  religious  denomination 
having  jurisdiction  over  such  church  or  religious  society 
according  to  the  usages  of  the  denomination  to  which  such 
church  or  religious  society  belongs,  or  by  the  state  organiza- 
tion of  such  denomination,  if  there  is  any,  otherwise  the 
national  organization  thereof;  and  in  any  suit  so  commenced 
the  attorney  general  shall  be  joined  as  a  respondent. 

Section  2.  Section  six  of  chapter  two  hundred  and  fif- 
teen of  the  General  Laws,  as  most  recently  amended  by 
chapter  two  hundred  and  fifty-seven  of  the  acts  of  nineteen 
hundred  and  thirty-seven,  is  hereby  further  amended  by 
inserting  after  the  word  "conservatorship"  in  the  thirteenth 
line  the  words :  —  ;  of  suits  such  as  are  described  in  clause 
(12)  of  section  three  of  chapter  two  hundred  and  fourteen, 
—  so  that  the  first  sentence  will  read  as  follows :  —  Probate 
courts  shall  have  jurisdiction  in  equity,  concurrent  with  the 
supreme  judicial  and  superior  courts,  of  all  cases  and  mat- 
ters relative  to  the  administration  of  the  estates  of  deceased 
persons,  to  wills,  including  questions  arising  under  section 
twenty  of  chapter  one  hundred  and  ninety-one,  to  trusts 
created  by  will  or  other  written  instrument  and,  in  cases 
involving  in  any  way  the  estate  of  a  deceased  person  or  the 
property  of  an  absentee  whereof  a  receiver  has  been  ap- 
pointed under  chapter  two  hundred  or  the  property  of  a 
person  under  guardianship  or  conservatorship,  to  trusts 
created  by  parol  or  constructive  or  resulting  trusts,  of  all 
matters  relative  to  guardianship  and  conservatorship,  of 
suits  such  as  are  described  in  clause  (12)  of  section  three  of 
chapter  two  hundred  and  fourteen  and  of  all  other  matters 
of  which  they  now  have  or  may  hereafter  be  given  juris- 
diction. Approved  May  12,  1939. 


Chap.  195  A.N  Act  relative  to  charges  for  connecting  estates 

WITH    the    common    SEWERS    IN   THE   TOWN    OF   READING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  fourteen  of  the 
acts  of  nineteen  hundred  and  nine  is  hereby  amended  by 
striking  out  section  nine,  as  most  recently  amended  by  chap- 
ter eighty-five  of  the  acts  of  nineteen  hundred  and  thirty- 
one,  and  section  ten,  and  inserting  in  place  thereof  the 
following :  —  Section  9.  Thirty  per  cent  of  the  estimated 
cost  of  the  whole  system  shall  be  assessed  upon  and  paid  by 
the  owners  of  the  abutting  estates  in  the  following  manner: 


Acts,  1939. —Chap.  196.  177 

—  The  board  of  public  works,  successor  to  the  sewer  ^com- 
missioners by  virtue  of  section  two  of  chapter  one  hundred 
and  eighteen  of  the  acts  of  the  year  nineteen  hundred  and 
twenty-one,  shall  determine  the  value  of  the  special  benefit 
to  each  of  said  estates,  respectively,  from  said  system  of 
sewers,  taking  into  account  all  the  circumstances  of  the  case, 
and  the  proportionate  part  to  be  paid  by  the  owners  of  said 
estates,  respectively,  shall  be  based  upon  the  amount  of  the 
special  benefit  to  each  estate  determined  as  aforesaid.  In 
addition  to  the  above  assessment,  every  owner  of  an  estate 
who  enters  his  particular  sewer  into  a  common  sewer  shall 
pay  the  cost  of  connecting  his  estate  with  the  common 
sewer,  as  determined  by  said  board  and  certified  by  it  to 
the  collector  and  to  the  owner  of  the  estate.  Such  owner 
shall  also  pay,  for  the  use  of  such  common  sewer,  an  annual 
charge  to  be  fixed  and  determined  from  time  to  time  by  said 
board  based  upon  the  water  service,  and  said  board  shall 
have  power  to  abate  such  annual  charge  in  whole  or  in  part 
in  its  discretion.  Such  annual  charges  as  may  be  fixed 
shall  be  collected  semi-annually.  The  cost  of  connecting  the 
estate  with  the  common  sewer,  and  such  annual  charges, 
shall  each  constitute  a  lien  upon  the  real  estate  using  the 
sewer,  to  be  collected  in  the  same  manner  as  taxes  upon  real 
estate,  or  in  an  action  of  contract  in  the  name  of  the  town 
of  Reading. 

Section  10.  If  the  owner  of  an  estate,  within  thirty  days 
after  notice  of  the  cost  of  connecting  the  same  with  the 
common  sewer,  or  of  a  sewer  assessment  on  such  estate, 
gives  the  board  of  public  works  written  notice  to  apportion 
either  such  cost  or  assessment,  or  both,  the  board  shall 
apportion  the  same  into  such  number  of  equal  parts,  not 
exceeding  ten,  as  the  owner  shall  in  said  notice  request. 
The  first  year  the  assessors  shall  add  one  of  said  parts  to 
the  annual  tax  on  the  real  estate,  with  interest  on  the  prin- 
cipal sum  from  the  date  of  apportionment;  and  thereafter, 
so  long  as  any  one  of  the  said  parts  remains  unpaid,  they 
shall  add  each  year  to  the  annual  tax  one  of  said  parts, 
together  with  interest  on  the  unpaid  balance  of  the  princi- 
pal sum  from  the  due  date  of  the  last  preceding  annual 
tax. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  inhabitants  of  the  town  of  Reading 
at  a  town  meeting  held  within  two  years  after  its  passage. 

Approved  May  12,  1939. 

An  Act  relative  to  the  marking  of  certain  articles  QJiq^y)  196 

CONSISTING     in     WHOLE     OR     IN     PART     OF     SECOND     HAND 
METAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  ninety-four  of  the  g.  l.  (Ter. 
General  Laws,  as  amended,  is  hereby  further  amended  by  ^t^'amMdld. 


178 


Acts.  1939.  —  Chap.  196. 


G.  L.  (Ter. 
Ed.),  94,  new 
section  270C, 
inserted. 


Articles  of 
bedding  con- 
taining second 
hand  metal  to 
be  marked. 


G.  L.  (Ter. 
Ed.),  94,  §  276, 
amended. 


Penalty. 


striking  out  the  paragraph  contained  in  the  one  hundred 
and  seventy-seventh  to  the  one  hundred  and  eighty-first 
lines,  as  appearing  in  th,e  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following :  — 

"Previously  used",  "previously  been  used"  or  "been  used 
before",  when  used  with  respect  to  material  in  sections  two 
hundred  and  seventy,  two  hundred  and  seventy  C  and  two 
hundred  and  seventy-two,  any  material  which  has  been  used 
as  a  part  or  portion  of  another  manufactured  article  or  used 
for  any  other  purpose. 

Section  2.  Said  chapter  ninety-four  is  hereby  further 
amended  by  inserting  after  section  two  hundred  and  seventy 
B,  inserted  by  chapter  four  hundred  and  thirty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-five,  the  following  new 
section :  —  Section  B70C.  No  person  shall  manufacture  for 
purposes  of  sale,  sell,  offer  or  expose  for  sale,  or  have  in  pos- 
session with  intent  to  sell,  any  article  of  bedding,  consisting 
in  part  of  metal  which  has  previously  been  used,  or  any  up- 
holstered spring  bed,  box  spring,  studio  couch,  davenport, 
day  bed,  bed  spring,  metal  bed,  metal  folding  bed,  metal 
couch,  metal  cradle,  metal  bassinet  or  similar  article  de- 
signed for  the  use  of  persons  when  sleeping  or  reclining,  con- 
sisting in  whole  or  in  part  of  metal  which  has  previously  been 
used,  unless  such  article  is  plainly  and  permanently  marked 
or  tagged  "second  hand  metal  used  in  this  article",  and  un- 
less, if  any  such  article  is  enclosed  in  a  bale,  box,  crate  or 
other  receptacle,  there  shall  be  plainly  marked  upon  such 
receptacle,  or  upon  a  tag  securely  attached  thereto,  a  state- 
ment that  the  contents  of  such  receptacle  are  marked  as 
herein  required.  Whoever  violates  any  provision  of  this  sec- 
tion shall  be  punished  by  a  fine  of  not  more  than  two  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  six 
months,  or  both. 

Section  3.  Section  two  hundred  and  seventy-six  of 
said  chapter  ninety-four,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  inserting  after  the  word 
"seventy"  in  the  third  line  the  words: —  or  in  section  two 
hundred  and  seventy  C,  —  so  as  to  read  as  follows :  —  Sec- 
tion 276.  Whoever,  except  a  purchaser  at  retail,  removes  or 
effaces  any  marking  upon  any  article  or  receptacle  or  any 
tag  or  label  attached  thereto  as  provided  in  section  two  hun- 
dred and  seventy  or  in  section  two  hundred  and  seventy  C 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Approved  May  12,  1939. 


Acts,  1939.  —  Chap.  197.  179 


An  Act  prohibiting  employees  and  other  persons  con-  (J}iap  197 

NECTED  WITH  HOSPITALS  FROM  FURNISHING  CERTAIN  IN- 
FORMATION  ABOUT  CERTAIN  PERSONAL  INJURY  CASES  TO 
ATTORNEYS  AT  LAW  OR  THEIR  REPRESENTATIVES,  AND 
MAKING  CHANGES  IN  THE  LAW  RELATING  TO  RUNNERS,  SO 
CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  two  hundred  and  twenty-one  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ^meAde'd.'  ^  *^' 
forty-three,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following:  —  Section  4-3.     No  Attorneys  at 
attorney  at  law  shall,  through  any  runner,  agent  or  person,  InTnfsCiicWng 
hereinafter  called  a  runner,  who  is  employed  by  him  sohcit  cemm  cwl" 
a  person  to  employ  him,  nor  shall  any  such  runner  solicit  for  damage^^ 
a  person  to  employ  such  attorney,  to  present  a  claim  for 
damages,   or  to  prosecute  an  action  for  the  enforcement 
thereof,  and  no  attorney  at  law  or  runner  shall  directly  or 
indirectly   give    or   promise   any   person   any   money,   fee, 
commission,   profitable   employment  or  other  personal  ad- 
vantage in  consideration  of  his  employing  such  attorney  on 
behalf  of  a  person  having  a  claim  for  damages,  or  of  his 
sohciting  or  procuring  the  person  who  has  such  claim  to 
employ  such  attorney  to  present  such  claim  or  to  prosecute 
an  action  for  the  enforcement  thereof.    No  attorney  at  law 
shall  appear  in  any  action  or  suit  for  the  enforcement  of  a 
claim  in  connection  with  which  he  has  violated  this  section. 
A  district  court,  upon  complaint  alleging  violation  of  any 
provision  of  this  section  by  any  runner  who  resides  or  has 
a  place  of  business  within  its  judicial  district,  may  issue  an 
order  of  notice  to  the  person  complained  of  to  show  cause 
why  he  should  not  be  ordered  to  desist  and  refrain  from 
violation  of  any  such  provision  on  penalty  of  contempt. 

Section  2.    Said  chapter  two  hundred  and  twenty-one  is  g.  l.  (Ter. 
hereby  further  amended   by  inserting  after  section  forty-  ^ctionf  44r"' 
four,  as  so  appearing,  the  two  following  new  sections :  —  fnl'irted ' 
Section  44 A.    No  person  in  the  employ  of,  or  in  any  capacity  j^^^  ^^^^  ^^^ 
attached  to  or  connected  with,  any  hospital,  infirmary  or  employees  pro- 
other  institution,  pubhc  or  private,  which  receives  patients  assisUni'^^tTor- 
for  medical  or  surgical  treatment,  shall  communicate,  di-  fjf  rL^'UtTo 
rectly  or  indirectl}^,  with  any  attorney  at  law,  or  any  person  securing  em- 
representing  such  attorney,  for  the  purpose  of  enabling  such  clam™''f"V" 
attorney,  or  any  associate  or  employee  of  such  attorney,  damages. 
to  solicit  employment  to  present  a  claim  for  damages  or 
prosecute  an  action  for  the  enforcement  thereof,  on  behalf 
of  any  patient  in  any  such  institution.     A  district  court, 
upon  complaint  alleging  violation  of  any  provision  of  this 
section  by  any  person  employed  by,  or  attached  to,  or  con- 
nected with,  any  such  hospital,  infirmary  or  other  institu- 
tion situated  within  its  judicial  district,  may  issue  an  order 
of  notice  to  the  person  complained  of  to  show  cause  why  he 


180  Acts,  1939. —Chap.  198. 

should  not  be  ordered  to  desist  and  refrain  from  violation 
of  any  such  provision  on  penalty  of  contempt. 
^'osTed'in''  Sectiou  44^.      The    superintendent    or    other    person    in 

ECspltais,  etc.  immediate  charge  of  each  hospital,  infirmary  or  institution 
referred  to  in  section  fortj^-four  A  shall  cause  to  be  posted 
and  kept  posted  in  a  conspicuous  place  therein  printed 
copies  of  said  section.  Printed  copies  of  said  section  shall, 
on  apphcation  therefor,  be  furnished  to  each  such  hospital, 
infirmary  and  institution  by  the  department  of  pubHc 
health  at  a  price  to  be  determined  by  the  commission  on 
administration  and  finance.  Any  such  superintendent  or 
other  person  who  violates  any  provision  of  this  section  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dollars. 

Approved  May  12,  1939. 


Chap. 198  An  Act  authorizing  the  city  of  springfield  to  sell  or 

OTHERWISE  DISPOSE  OF  CERTAIN  LAND  SITUATED  IN  SAID 
CITY  NEAR  BAY  PATH  CEMETERY  AND  NOW  HELD  OR  USED 
BY  SAID  CITY  FOR  PUBLIC  PARK  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Springfield,  by  its  board  of  park  commissioners, 
may,  by  sale,  exchange  or  otherwise,  transfer  and  dispose  of 
certain  real  property  situated  in  said  city  of  Springfield  and 
held  or  used  by  it  for  public  park  purposes,  said  property 
being  bounded  and  described  as  follows:  —  Beginning  at  a 
stone  bound  near  the  southwest  corner  of  Bay  Path  ceme- 
tery, so  called,  between  land  of  the  city  of  Springfield  and 
land  of  the  Reed  Realt5^  Trust  and  running  thence  south 
seventy-three  degrees,  forty-seven  minutes,  eight  seconds 
west  by  land  of  said  Reed  Realty  Trust,  a  distance  of  four 
hundred  sixty-four  and  thirteen  one  hundredths  feet  to  a 
stone;  thence  north  seven  degrees,  thirty-five  minutes, 
fifty-five  seconds  west  by  land  of  said  Reed  Realty  Trust, 
a  distance  of  two  hundred  sixty-three  and  thirty-four  one 
hundredths  feet;  thence  south  seventy-four  degrees,  forty- 
two  minutes,  fifteen  seconds  east  by  land  of  said  city,  a 
distance  of  four  hundred  ninety-eight  and  thirteen  one 
hundredths  feet  to  point  of  beginning;  said  tract  being  tri- 
angular in  shape  and  containing  one  and  three  hundred 
eighty-seven  thousandths  acres  more  or  less;  and  said  city 
of  Springfield,  by  its  board  of  park  commissioners,  is  hereby 
expressly  authorized  to  accept  in  exchange  for  the  property 
hereinbefore  described  other  land  contiguous  to  and  adjoin- 
ing Blunt  park,  so  called,  in  said  city  of  Springfield. 

Approved  May  12,  1939. 


Acts,  1939.  —  Chaps.  199,  200.  181 


An  Act  authorizing  the  city  of  Springfield  to  sell  or  Cfiav  199 

OTHERWISE  dispose  OF  CERTAIN  LAND  SITUATED  IN  SAID 
CITY  IN  THE  VICINITY  OF  DICKINSON  STREET  AND  TRAFTON 
ROAD  AND  NOW  HELD  OR  USED  BY  SAID  CITY  FOR  PUBLIC 
PARK   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Springfield,  by  its  board  of  park  commissioners, 
may,  by  sale,  exchange  or  otherwise,  transfer  and  dispose  of 
certain  real  property  situated  in  said  city  of  Springfield  and 
held  or  used  by  it  for  public  park  purposes,  said  property 
being  bounded  and  described  as  follows :  —  Beginning  at  a 
stone  bound  at  the  intersection  of  the  westerly  hne  of  Dick- 
inson street  and  the  northerly  line  of  Trafton  road,  thence 
running  westerly  by  the  northerly  line  of  Trafton  road,  a 
distance  of  four  hundred  eighty-one  and  seventy-four  one 
hundredths  feet  to  an  iron  rod;  thence  northerly  in  a  straight 
line  a  distance  of  four  hundred  thirty-eight  and  fifty-seven 
one  hundredths  feet  to  a  point  on  the  westerly  line  of  Dick- 
inson street  which  is  eleven  and  seventy-seven  one  hun- 
dredths feet  south  from  the  southwest  corner  of  Elwood 
drive  and  Dickinson  street;  thence  southeasterly  by  the 
west  line  of  Dickinson  street,  a  distance  of  seven  hundred 
eighty-seven  and  eighty  one  hundredths  feet  to  the  point 
of  beginning;  said  tract  being  triangular  in  shape  and  con- 
taining one  and  seven  hundred  eighty-six  thousandths  acres 
more  or  less.  Approved  May  12,  1939. 


An  Act  relative  to  removal  by  sheriffs  and  the  penal  QJiaj)  200 

INSTITUTIONS    COMMISSIONER    OF    BOSTON    OF    CERTAIN    OF- 
FICERS  APPOINTED    BY   THEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  fourteen  of  chapter  one  hundred  and  twenty-seven  g.  l.  (Xer. 
of  the  General  Laws,   as  appearing  in  the  Tercentenary  amemild.'  ^  ^*' 
Edition,  is  hereby  amended  by  striking  out,  in  the  second 
line,  the  words  "shall  forthwith"   and  inserting  in  place 
thereof  the  word :  —  may,  —  and  by  striking  out,  in  the 
fourth  and  fifth  lines,  the  words  "as  a  beverage"  and  in- 
serting in  place  thereof  the  words :  —  to  excess,  —  so  as  to 
read  as  follows:  —  Section  14-     The  sheriffs  of  the  several  Removal  of 
counties  and  the  penal  institutions  commissioner  of  Boston  officer".''*'"^ 
may  remove  any  oflficer  appointed  by  them,  respectively,  to 
any  position  of  trust  or  authority  in  a  jail  or  house  of  cor- 
rection who  is  known  to  use  intoxicating  liquor  to  excess. 

Approved  May  12,  1939. 


182  Acts,  1939.  —  Chaps.  201,  202. 


Chap. 201  An  Act  authorizing  the  town  of  westwood  to  borrow 

MONEY   FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  acquiring .  land  for  and 
constructing  a  school  building  and  of  originally  equipping 
and  furnishing  the  same,  the  town  of  Westwood  may  bor- 
row 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,  one  hundred  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Westwood  School  Building  Loan,  Act 
of  1939.  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  hmit,  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.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  15,  1939. 


Chap. 202  An  Act  extending  the  time  for  the  acceptance  of  an 

ACT  providing  THAT  THE  CHAIRMAN  OF  THE  BOARD  OF 
CEMETERY  COMMISSIONERS  OF  THE  TOWN  OF  ADAMS  SHALL 
BE  A  TOWN  MEETING  MEMBER  AT  LARGE  AND  FURTHER 
REGULATING  THE  NOMINATION  OF  CANDIDATES  FOR  RE- 
ELECTION AS  TOWN  MEETING  MEMBERS  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  thirty-three  of  the 
acts  of  the  current  year  is  hereby  amended  by  striking  out, 
in  the  second  and  third  fines,  the  words  "current  year"  and 
inserting  in  place  thereof  the  words :  —  year  nineteen  hun- 
dred and  forty,  —  so  as  to  read  as  follows:  —  Section  3. 
This  act  shall  be  submitted  to  the  voters  of  the  town  of 
Adams  at  its  annual  town  meeting  in  the  year  nineteen 
hundred  and  forty  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-nine,  entitled  'An  Act  providing  that  the  Chair- 
man of  the  Board  of  Cemetery  Commissioners  of  the  Town 
of  Adams  shall  be  a  Town  Meeting  Member  at  Large,  and 
Further  Regulating  the  Nomination  of  Candidates  for  Re- 
election as  Town  Meeting  Members  in  said  Town',  be 
accepted?"  If  a  majority  of  the  votes  cast  in  answer  to 
said  question  is  in  the  affirmative,  then  this  act  shall  there- 
upon take  full  effect,  but  not  otherwise. 

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

Approved  May  15,  1939. 


Acts,  1939.  —  Chaps.  203,  204,  205.  183 


An  Act  authorizing  the  town  of  wellesley  to  use  (Jfidp  203 

MONEY  WHICH  MAY  BE  RECEIVED  FROM  THE  SALE  OF  ITS 
HUNNEWELL  school  lot  FOR  THE  PAYMENT  OF  THE  EX- 
PENSES OF  THE  SALE  AND  THE  PURCHASE  OR  PAYMENT  OF 
CERTAIN    OUTSTANDING    BONDS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  Wellesley  is  hereby  authorized 
to  use  the  moneys  which  may  be  received  by  it  from  the 
sale  of  its  Hunnewell  school  lot  on  Central  street  in  said 
town  for  the  payment  of  the  expenses  of  such  sale  and  for 
the  purchase,  at  not  more  than  par  and  accrued  interest, 
or  for  the  payment  upon  maturity,  of  any  outstanding 
bonds  of  the  town  issued  for  the  purchase  of  the  Simons 
property,  so  called,  upon  a  portion  of  which  the  new  Hunne- 
well school  stands,  or  for  the  construction  of  the  new  Hunne- 
well school,  notwithstanding  any  provisions  of  chapter 
forty-four  of  the  General  Laws  to  the  contrary. 

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

Approved  May  15,  1939. 

An  Act  changing  the  name  of  the  library  committee  Chav. 204: 

OF  THE  CITY  OF  MARLBOROUGH  TO  THE  BOARD  OF  LIBRARY 
TRUSTEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  having  the  supervision,  manage- 
ment and  care  of  the  public  library  of  the  city  of  Marl- 
borough and  now  designated  as  the  library  committee  shall 
hereafter  be  designated  as  the  board  of  library  trustees. 

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

Approved  May  15,  1939. 

An  Act  providing  for  the  inclusion  of  the  value  of  ChaiJ.205 

THE  LAND  IN  DETERMINING  THE  AMOUNT  WHICH  THE 
OWNER  OR  OCCUPANT  OF  PREMISES  MAY  BE  REQUIRED  TO 
EXPEND,  BY  ORDER  OR  RULE  OF  THE  STATE  FIRE  MARSHAL 
OR  THE  HEAD  OF  A  FIRE  DEPARTMENT,  TO  REMEDY  CON- 
DITIONS  THEREAT. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-nine  of  chapter  one  hundred  and  forty-  g.  l.  (Ter.  ^ 
eight  of  the  General  Laws,  as  appearing  in  the  Tercentenary  amended.'  ^  "^' 
Edition,  is  hereby  amended  by  inserting  after  the  word 
"the"  in  the  fifteenth  line  the  words:  —  land  and,  —  so 
as  to  read  as  follows :  —  Section  29.     If  buildings  or  other  orders  to 
premises  are  owned  by  one  person  and  occupied  by  another  oroTner. 
under  lease  or  otherwise,  the  orders  of  the  marshal  or  head 
of  the  fire  department  shall  apply  to  the  occupant  alone, 
except  where  the  rules  or  orders  require  the  making  of  addi- 
tions to  or  changes  in  the  premises  themselves,  such  as 


184 


Acts,  1939.  —  Chap.  206. 


would  immediately  become  real  estate  and  be  the  property 
of  the  owner  of  the  premises.  In  such  cases  the  rules  or 
orders  shall  affect  the  owner  and  not  the  occupant;  and 
unless  it  is  otherwise  agreed  between  the  owner  and  the 
occupant,  the  occupant  whose  use  of  the  premises  has  caused 
the  making  of  such  additions  or  changes,  in  addition  to  his 
rent  or  other  payments,  shall,  after  the  additions  or  changes 
are  made,  pay  a  reasonable  per  cent  of  the  cost  thereof 
annually  to  the  owner  of  the  premises.  No  rule  or  order 
shall  be  made  or  enforced  which  requires  an  expenditure  by 
the  owner  or  occupant  of  more  than  five  per  cent  of  the  last 
annual  assessed  valuation  of  the  land  and  buildings  to  which 
such  rule  or  order  relates.  Approved  May  15,  1939. 


G.  L.  (Ter. 
EJ.),  140, 
§  137C,  etc.: 
amended. 


Kennel 
licenses, 
inspection,  etc. 


Chap. 20()  An  Act  authorizing  the  abatement  of  certain  condi- 
tions CONNECTED  WITH  KENNELS  CONSTITUTING  A  PUB- 
LIC  NUISANCE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  one  hundred  and 
thirty-seven  C,  inserted  therein  by  section  three  of  chapter 
three  hundred  and  twenty  of  the  acts  of  nineteen  hundred 
and  thirty-four,  and  inserting  in  place  thereof  the  following: 
—  Section  137 C.  The  county  commissioners,  or  in  Boston 
the  police  commissioner,  or  a  chief  of  police  or  a  dog  officer 
within  his  jurisdiction,  may  at  any  time  inspect  or  <muse  to 
be  inspected  any  kennel  and  if,  in  their  or  his  judgment,  the 
same  is  not  being  maintained  in  a  sanitary  and  humane  man- 
ner, or  if  records  are  not  properly  kept  as  required  by  law, 
the  county  commissioners,  or  in  Boston  the  pofice  commis- 
sioner, shall  by  order  revoke  or  suspend,  and  in  case  of  sus- 
pension may.  reinstate,  such  license.  Upon  the  petition  of 
twenty-five  citizens,  filed  with  the  mayor  of  a  city  or  the 
selectmen  of  a  town,  or  in  Boston  with  the  police  commis- 
sioner, setting  forth  that  they  are  aggrieved,  or  annoyed  to 
an  unreasonable  extent,  by  one  or  more  dogs  at  a  kennel 
maintained  in  such  city  or  town,  because  of  the  excessive 
barking  or  vicious  disposition  of  said  dogs  or  other  condi- 
tions connected  with  such  kennel  constituting  a  public  nui- 
sance, said  mayor,  selectmen  or  police  commissioner,  as  the 
case  may  be,  within  seven  days  after  the  filing  of  such  peti- 
tion, shall  give  notice  to  all  parties  in  interest  of  a  public 
hearing  to  be  held  within  fourteen  days  after  the  date  of 
such  notice.  Within  seven  days  after  such  public  hearing 
said  mayor  or  selectmen,  in  Nantucket  county  or  in  Suffolk 
county  elsewhere  than  in  Boston,  or  in  Boston  said  police 
commissioner,  shall  make  an  order  either  revoking  or  sus- 
pending such  kennel  license  or  otherwise  regulating  said  ken- 
nel, or  dismissing  said  petition.  In  counties  other  than 
Nantucket  or  Suffolk,  said  mayor  or  selectmen  within  said 
seven  days  shall  report  in  writing  to  the  county  commissioners 


Acts,  1939.  —  Chap.  207.  185 

their  recommendations  and  within  seven  days  after  receipt 
of  such  report  said  county  commissioners  shall  investigate 
or  cause  to  be  investigated  the  subject  matter  of  such  peti- 
tion and  shall,  by  order,  either  affirm  or  deny  such  recom- 
mendations by  suspending  or  revoking  such  kennel  license 
or  otherwise  regulating  such  kennel,  or  by  dismissing  the 
petition.  Written  notice  of  any  order  under  this  section 
revoking,  suspending  or  reinstating  a  license  shall  be  mailed 
forthwith  to  the  officer  issuing  such  license  and  to  the  holder 
of  such  license.  Within  ten  days  after  such  order  the  holder 
of  such  license  may  bring  a  petition  in  the  district  court 
within  the  judicial  district  of  which  such  kennel  is  main- 
tained, addressed  to  the  justice  of  the  court,  praying  that 
the  order  may  be  reviewed  by  the  court,  and,  after  such 
notice  to  the  ofiicer  or  officers  involved  as  the  court  may 
deem  necessary,  it  shall  review  such  action,  hear  the  wit- 
nesses and  affirm  such  order  unless  it  shall  appear  that  it 
was  made  without  proper  cause  or  in  bad  faith,  in  which 
case  such  order  shall  be  reversed.  The  decision  of  the  court 
shall  be  final  and  conclusive  upon  the  parties.  Any  person 
maintaining  a  kennel  after  the  license  therefor  has  been  so 
revoked,  or  while  such  license  is  so  suspended,  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars. 

"  May  15,  1939. 


An   Act   further   regulating   closing   out   sales,   so  Chap. 207 

CALLED,    and    SIMILAR   TYPES   OF   SALES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-three  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-eight  A,  inserted  fti'^'^Ieided!" 
by  chapter  one  hundred  and  sixty-five  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  and  inserting  in  place  thereof 
the  following:  —  Section  28 A.  No  person  shall  offer  for  sale  "Closing  out 
a  stock  of  goods,  wares  or  merchandise  under  the  designa-  regulated." 
tion  of  "closing  out  sale",  "going  out  of  business  sale", 
"discontinuance  of  business  sale",  "removal  sale",  or  other 
designation  of  like  meaning,  in  any  city  or  town  at  any 
place  other  than  a  usual  place  of  business  which  he  has 
maintained  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  complete  inven- 
tor}^ of  all  items  to  be  included  in  such  sale,  which  inventory 
shall  include  only  goods,  wares  and  merchandise  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,  pay- 
able 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  judicial  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 


186  Acts,  1939.  —  Chaps.  208,  209. 

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  shall  have 
filed  with  the  city  or  town  clerk  an  inventory  and  bond  as 
hereinbefore  provided  except  when  such  sale  is  to  be  car- 
ried on  at  a  usual  place  of  business  of  such  new  owner 
which  he  has  maintained  for  at  least  one  year  as  aforesaid. 
Upon  request  of  the  principal  of  any  bond  given  in  con- 
nection with  such  a  sale,  the  clerk  of  the  city  or  town  shall 
surrender  such  bond,  if  he  is  satisfied  that  the  sale  has 
ended,  that  all  signs  relating  to  such  sale  have  been  removed 
and  that  there  has  been  no  breach  of  the  condition  of  the 
bond.  A-pproved  May  15,  1939. 

Chap.20S  An  Act  further  extending  the  time  for  the  acquisition 

BY  THE  CITY  OF  BOSTON  OF  CERTAIN  PROPERTY  OF  THE 
DEDHAM  AND  HYDE  PARK  GAS  AND  ELECTRIC  LIGHT  COM- 
PANY LOCATED  WITHIN  SAID  CITY  AND  THE  LEASE  THEREOF 
TO   THE   BOSTON    CONSOLIDATED    GAS    COMPANY. 

Be  it  enacted,  etc.,  as  folloius: 

Section  1.  Section  one  of  chapter  two  hundred  and 
ninety-two  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
as  amended  by  section  one  of  chapter  fifteen  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out,  in  the  fifth  line,  the  word  "thirty-nine" 
and  inserting  in  place  thereof  the  word :  —  forty,  —  so  as 
to  read  as  follows :  —  Section  1 .  The  city  of  Boston,  here- 
inafter called  the  cit}^,  acting  through  its  pubHc  works  de- 
partment, and  without  other  authority  than  that  contained 
in  this  act,  may  at  any  time  b'efore  January  first,  nineteen 
hundred  and  forty,  purchase  or  take  by  eminent  domain  the 
physical  property  of  the  Dedham  and  Hyde  Park  Gas  and 
Electric  Light  Company  located  within  said  city. 

Section  2.  Section  nine  of  said  chapter  two  hundred 
and  ninety-two,  as  amended  by  section  two  of  said  chapter 
fifteen,  is  hereby  further  amended  by  striking  out,  in  the 
second  fine,  the  word  "thirty-eight"  and  inserting  in  place 
thereof  the  word:  —  thirty-nine,  —  so  as  to  read  as  follows: 
—  Section  9.  This  act  shall  take  effect  upon  its  acceptance 
during  the  year  nineteen  hundred  and  thirty-nine  by  vote 
of  the  city  council  of  the  city  of  Boston,  approved  by  the 
mayor,  and  the  fiUng  of  a  certificate  evidencing  such  accept- 
ance with  the  state  secretary.        Approved  May  15,  1939. 

Chap. 20^  An  Act  requiring  the  mailing  of  premium  notices  in 
the  case  of  certain  accident  and  health  policies. 

Be  it  enacted,  etc.,  as  follows: 

EdV'iTl'^new       Chapter  one  hundred  and  seventy-five  of  the  General 
section  ii'oB,     Laws  Is  hereby  amended  by  inserting  after  section  one  hun- 

inaerted.  ./  o 


Acts,  1939. —Chap.  210.  187 

dred  and  ten  A,  inserted  by  chapter  four  hundred  and  one 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  the  follow- 
ing new  section:  —  Section  HOB.  No  policy  of  insurance  Lapsing,  etc., 
referred  to  in  section  one  hundred  and  eight  issued  or  de-  poudero" 
Hvered  in  this  commonwealth,  except  a  poHcy  which  by  its  insurance. 
terms  is  cancellable  by  the  company  or  is  renewable  or  con- 
tinuable  with  its  consent,  shall  terminate  or  lapse  for  non- 
payment of  any  premium  until  the  expiration  of  three 
months  from  the  due  date  of  such  premium,  unless  the 
company,  within  not  less  than  ten  nor  more  than  forty-five 
daj^s  prior  to  said  due  date,  shall  have  mailed,  postage  pre- 
paid, duly  addressed  to  the  insured  at  his  last  address  shown 
by  the  company's  records,  a  notice  showing  the  amount  of 
such  premium  and  its  due  date.  If  such  a  notice  is  not  so 
sent,  the  insured  may  pay  the  premium  in  default  at  any 
time  within  said  period  of  three  months.  The  affidavit  of 
any  officer,  clerk  or  agent  of  the  company,  or  of  any  other 
person  authorized  to  mail  such  notice,  that  the  notice  re- 
quired by  this  section  has  been  duly  mailed  by  the  company 
in  the  manner  hereinbefore  required,  shall  be  prima  facie 
evidence  that  such  notice  was  duly  given.  No  action  shall 
be  maintained  on  any  poHcy  to  which  this  section  appHes 
and  which  has  lapsed  for  non-payment  of  any  premium 
unless  such  action  is  commenced  within  two  years  from  the 
due  date  of  such  premium.  Approved  May  15,  1939. 

An  Act  to  establish  in  the  city  of  Worcester  a  com-  Chap. 210 

MISSIONER   of   public   WORKS   AND    DEFINING   HIS   POWERS 
AND   DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Within  sixty  days  after  the  effective  date  of 
this  act  the  city  council  of  the  city  of  Worcester  shall,  by 
concurrent  vote,  the  board  of  aldermen  acting  first,  elect  by 
viva  voce  vote,  a  commissioner  of  public  works,  who  shall 
be  a  resident  of  the  city  of  Worcester,  and  who  shall  have 
the  powers  and  perform  the  duties  of  the  city  engineer, 
street  commissioner,  superintendent  of  sewers,  superintend- 
ent of  lighting  streets,  superintendent  of  public  buildings, 
water  commissioner  and  water  registrar  of  said  city,  as  estab- 
lished by  law  or  ordinance  on  said  effective  date,  and  shall 
also  have  such  other  powers  and  perform  such  other  duties 
as  said  city  may  from  time  to  time  by  ordinance  provide. 

The  commissioner  of  public  works  first  elected  under 
authority  of  this  act  shall  serve  until  the  first  Monday  of 
January,  nineteen  hundred  and  forty-two,  and  until  the 
qualification  of  his  successor.  In  January,  nineteen  hundred 
and  forty-two,  and  in  January  of  every  third  year  thereafter, 
the  city  council  shall  in  like  manner  elect  a  commissioner  of 
public  works  for  a  term  expiring  three  years  from  the  first 
Monday  of  January  in  the  year  of  election  and  until  the 
qualification  of  his  successor.  The  salary  of  the  commissioner 
of  public  works  shall  not  exceed  six  thousand  dollars. 


188  Acts,  1939.  —  Chaps.  211,  212. 

Section  2.  Upon  the  qualification  of  the  commissioner 
of  pubHc  works  first  elected  under  authority  of  this  act  the 
terms  of  office  of  the  city  engineer,  street  commissioner, 
superintendent  of  sewers,  superintendent  of  lighting  streets, 
superintendent  of  public  buildings,  water  commissioner  and 
water  registrar  of  the  city  of  Worcester  then  in  office  shall 
terminate,  and  said  offices  shall  thereupon  be  abolished. 

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

Approved  May  15,  1939. 

Chap. 211  An  Act  authorizing  the  county  of  Suffolk  to  pay  a 

SUM  OF  money  to  THE  WIDOW  OF  JOHN  A.  KELIHER,  LATE 
SHERIFF   OF   SAID    COUNTY, 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  For  the  purpose  of  promoting  the  public 
good  and  in  consideration  of  the  long  and  meritorious  serv- 
ice in  public  office  of  John  A,  Keliher,  late  sheriff  of  the 
county  of  Suffolk,  said  county  may  pay  to  his  widow  the 
balance  of  the  salary  to  which  he  would  have  been  entitled 
had  he  lived  and  served  until  the  end  of  the  term  for  which 
he  was  elected. 

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  May  15,  1939. 

Chap. 212  An  Act  further  regulating  the  sale,  exchange  and 

delivery    of   milk   not    conforming    to    the    MASSACHU- 
SETTS  STANDARD, 

Be  it  enacted,  etc.,  as  follows: 

EdVolT-'o  Chapter  ninety-four  of  the  General  Laws  is  hereby 
amended.  "  '  amended  by  striking  out  section  twenty,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof 
milk  befo'vv°^  the  following:  —  Section  20.  Whoever  himself  or  by  his 
Sandard"'"^  scrvant  or  agent  sells,  exchanges  or  delivers,  or  has  in  his 
Penalty.  custody  or  possessiou  with  intent  so  to  do,  milk  not  con- 

forming to  the  Massachusetts  standard  shall  be  punished 
for  the  first  offence  by  a  fine  of  not  more  than  fifty  dollars, 
for  the  second  offence  by  a  fine  of  not  less  than  one  hundred 
nor  more  than  two  hundred  dollars,  and  for  a  subsequent 
offence  by  a  fine  of  not  less  than  one  hundred  nor  more  than 
two  hundred  doUars  or  by  imprisonment  for  not  more  than 
three  months;  provided,  that  it  shall  not  constitute  a  vio- 
lation of  this  section  for  a  producer  of  milk  operating  a  dairy 
farm  registered  under  section  sixteen  C  to  sell,  or  dehver  in 
exchange  or  otherwise,  to  a  dealer  registered  under  section 
sixteen  F  natural  cow's  milk  produced  on  such  dairy  farm 
and  not  conforming  to  the  state  standard,  or  for  such  a  pro- 
ducer to  have  in  his  custody  or  possession  any  such  milk 
with  intent  to  sell,  or  deHver  in   exchange   or   otherwise. 


Acts,  1939.  —  Chaps.  213,  214.  189 

such  milk  to  such  a  dealer,  or  for  such  a  dealer  to  have  in 
his  custody  or  possession  such  milk,  obtained  as  aforesaid 
from  such  a  producer,  with  intent  to  blend  such  milk  with 
other  natural  cow's  milk  for  the  purpose  of  making  the  blend 
conform  to  said  standard.  Approved  May  15,  1939. 

An  Act  providing  for  the  awarding  of  costs  in  certain  QJk^ij)  213 
workmen's  compensation  cases. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  one  hundred  and  gj^-  {Jl'"^  ^^^ 
fifty-two  of  the  General  Laws,  as  most  recently  amended  etc.,  'amended. ' 
by  chapter  four  hundred  and  eighty-four  of  the  acts  of  nine- 
teen hundred  and  thirty-five,  is  hereby  further  amended  by 
adding  at  the  end  the  following  new  paragraph :  — 

In  rendering  a  decree  under  this  section  or  following  a  Awarding 
rescript  of  the  supreme  judicial  court  after  an  appeal  from  *'°®*®- 
such  a  decree,  the  superior  court  shall  award  costs  to  the 
prevaihng  party,  to  be  taxed  as  in  actions  at  law;   but  this 
provision  shall  not  authorize  the  awarding  of  costs  to  or 
against  the  industrial  accident  board. 

Section  2.    This  act  shall  take  effect  on  September  first  Effective 
in  the  current  year.  Approved  May  17,  1939.      '^^*^®- 

An  Act  relative  to  fidelity  bonds  of  certain  state  Qhnnj  214 

AND    county   officers   AND    EMPLOYEES.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-five  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  forty-three  A,  as  f^Ikded^ *^'^' 
appearing  in  the   Tercentenaiy  Edition,   and  inserting  in 
place  thereof  the  following :  —  Section  43 A .     Every  officer  Bonds  of 
or  employee  of  a  county  required  to  furnish  a  fidelity  bond  officers.''"""*'^ 
with  a  surety  or  sureties  shall  furnish  a  bond  with  a  surety 
company  authorized  to  transact  business  in  the  common- 
wealth,   as    surety.      Unless    otherwise    provided    by    law, 
every  such  bond  shall  be  approved  as  to  form  by  the  superior 
court,  which  may  require  to  be  included  in  such  bond  such 
terms,   provisions   and   conditions   as,   in   its   opinion,   will 
carry  into  effect  the  intent  of  the  law  requiring  the  giving 
of  such  bond.     The  premium  on  such  bond  shall  in  every 
case,  except  in  the  case  of  the  treasurer  of  Suffolk  or  Nan- 
tucket county,  be  paid  by  the  county. 

Section  2.     Said   chapter  thirty-five  is   hereby  further  g.  l.  (Ter. 
amended  by  inserting  after  section  forty-three  A,  as  appear-  f^ction^is^r 
ing  in  the  Tercentenary  Edition^  the  following  new  section:  inserted. 
—  Section  43B.    Whenever  an  officer  or  employee  of  a  county  Liabiuty  of 
has  been  elected  or  appointed  to  an  office  the  term  whereof  company 
exceeds  one  year,  and  has  filed  a  fidelity  bond  covering  his  limited. 
entire  term  of  office,  and  subsequent  to  such  fifing  he  is  re- 
quired by  law  to  file  such  a  bond  annually,  the  acceptance 
of  such  an  annual  bond  shall  preclude  recovery,  under  any 


190 


Acts,  1939.  —  Chap.  214. 


G.  L.  (Ter. 
Ed.),  36,  §  3, 
etc.,  amended. 


Register  of 
deeds  to 
give  bond. 


G.  L.  (Ter. 
Ed.),  38,  §  3, 
amended. 


Bond  of 
examiner. 


G.  L.  (Ter. 
Ed.),  218,  §  16 
etc.,  am.ended. 


Bonds  of 
clerks  of 
district  courts. 


G.  L.  (Ter. 
Ed.),  221,  §  12, 
etc.,  amended. 


Bonds  of 
clerk  and  as- 
sistant clerk 
of  supreme 
judicial  court, 
etc. 


such  bond  previously  filed  and  accepted,  whether  for  the 
term  of  one  year  or  for  a  longer  term,  for  any  default  occur- 
ring during  the  term  of  any  such  bond  subsequently  filed  and 
accepted. 

Section  3.  Chapter  thirty-six  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  three,  as  amended 
by  section  one  of  chapter  two  hundred  and  nineteen  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  and  inserting  in 
place  thereof  the  following:  —  Section  3.  Each  register  of 
deeds  shall  be  sworn  before  the  county  commissioners,  or  in 
Suffolk  county  before  the  city  council  of  Boston,  and  prior 
to  being  sworn,  and  thereafter,  at  intervals  of  not  more  than 
one  year,  so  long  as  he  continues  to  hold  such  office,  shall 
give  bond  to  the  county,  in  such  sum  as  the  commissioners 
or  said  council,  respectively,  shall  approve,  conditioned  to 
perform  faithfully  his  own  official  duties,  with  a  surety 
company  authorized  to  transact  business  in  the  common- 
wealth, as  surety. 

Section  4.  Chapter  thirty-eight  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  three,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following:  —  Section  3.  Each  examiner  and  associate 
examiner,  before  entering  upon  the  performance  of  his  official 
duties,  shall  be  sworn  and  give  bond,  in  the  sum  of  five  thou- 
sand dollars,  to  the  county,  conditioned  to  perform  faithfully 
his  official  duties,  with  a  surety  com.pany  authorized  to  trans- 
act business  in  the  commonwealth,  as  surety.  Failure  for 
three  months  after  appointment  to  give  such  bond  shall 
render  his  appointment  void. 

Section  5.  Chapter  two  hundred  and  eighteen  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
sixteen,  as  amended  by  section  three  of  chapter  two  hundred 
and  nineteen  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  and  inserting  in  place  thereof  the  following:  —  Sec- 
tion 16.  The  clerk  of  a  district  court,  before  entering  upon 
the  performance  of  his  official  duties,  and  thereafter,  at  in- 
tervals of  not  more  than  one  year,  so  long  as  he  continues  to 
hold  such  office,  shall  give  to  the  county  a  bond,  conditioned 
to  perform  faithfully  his  official  duties,  with  a  surety  com- 
pany authorized  to  transact  business  in  the  commonwealth, 
as  surety,  in  a  sum  approved  by  a  justice  of  such  court,  but 
in  no  event  less  than  five  thousand  dollars.  Failure  to  give 
such  bond  shall  be  sufficient  cause  for  his  removal. 

Section  6.  Chapter  two  hundred  and  twenty-one  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
twelve,  as  amended  by  section  four  of  said  chapter  two  hun- 
dred and  nineteen,  and  inserting  in  place  thereof  the  follow- 
ing: —  Section  12.  The  clerk  and  assistant  clerk  of  the  su- 
preme judicial  court  for  the  commonwealth  shall  each,  before 
entering  upon  the  performance  of  his  duties,  and  thereafter, 
at  intervals  of  not  more  than  one  year,  so  long  as  he  con- 
tinues to  hold  such  office,  give  bond,  in  the  sum  of  two  thou- 
sand dollars,  conditioned  to  perform  faithfully  his  official 


Acts,  1939. —Chap.  215.  191 

duties,  paj^able  to  the  state  treasurer,  with  a  surety  company 
authorized  to  transact  business  in  the  commonwealth,  as 
surety.  Each  clerk  of  the  courts  and  each  assistant  clerk  of 
the  courts,  and  each  temporary  assistant  clerk  appointed 
under  section  nine,  shall  give  bond  in  like  manner  to  the 
county,  conditioned  to  perform  faithfully  his  official  duties, 
with  a  surety  company  authorized  to  transact  business  in 
the  commonwealth,  as  surety,  in  a  sum  not  less  than  five 
thousand  dollars  in  the  case  of  such  a  clerk  and  not  less  than 
one  thousand  dollars  in  the  case  of  such  an  assistant  clerk, 
and  of  any  temporary  assistant  clerk  appointed  under  sec- 
tion nine,  to  be  determined  by  the  court;  and  each  temporary 
clerk  appointed  under  section  eight  shall,  if  required  by  the 
court,  give  bond  in  like  manner  and  in  a  sum  not  less  than 
one  thousand  dollars,  to  be  determined  by  the  court. 

Section  7.    Chapter  two  hundred  and  seventy-six  of  the  g-j^-^^l^g^ 
General  Laws  is  hereby  amended  by  striking  out  section  etc.,  amended.' 
eighty-four,  as  amended  by  section  five  of  said  chapter  two 
hundred  and  nineteen,  and  inserting  in  place  thereof  the 
following:  —  Section  8J^.    Each  probation  ofiicer  shall,  before  Bonds  of 
performing  any  official  duty,  and  thereafter,  at  intervals  of  Cfficers'.°" 
not  more  than  one  year,  so  long  as  he  continues  to  hold  such 
office,  give  bond  to  the  county,  conditioned  to  perform  faith- 
fully his  official  duties,  with  a  surety  company  authorized  to 
transact  business  in  the  commonwealth,  as  surety,  in  a  sum 
to  be  fixed  by  the  superior  court.    Failure  to  so  give  bond  shall 
be  sufficient  cause  for  removal  from  office. 

Avvroved  May  17,  1939. 


An  Act  authorizing  the  county  of  Middlesex  to  pay  CJia7).2l5 

CERTAIN  SUMS  OF  MONEY  TO  SADIE  J.  SMITH  AND  FLORENCE 
T.   FLETCHER   OF  MEDFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  county  of  Middlesex  may  pay  to  Sadie  J.  Smith 
of  Medford  a  sum  not  exceeding  six  hundred  and  fifty  dollars, 
and  to  Florence  T.  Fletcher  of  Medford  a  sum  not  exceeding 
one  hundred  and  fifty  dollars,  to  compensate  them,  respec- 
tively, for  personal  injuries  received  by  them  on  April  first, 
nineteen  hundred  and  thirty-eight,  at  Cambridge  in  said 
county,  caused  by  the  fall  upon  them  of  the  weight  and  base 
of  a  wall  clock  under  which  they  were  sitting  in  a  court  room 
of  the  old  district  court  building  at  East  Cambridge  while 
in  attendance  as  witnesses  in  a  hearing  before  an  auditor. 

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

Approved  May  17,  1939. 


192  Acts,  1939.  —  Chaps.  216,  217. 


Chap.2W  An  Act  relative  to  civil  service  examinations  for  the 

OFFICE  of  chief  of  THE  FIRE  DEPARTMENT  OF  THE  TOWN 
OF  MARBLEHEAD,  AND  TO  THE  APPOINTMENT  OF  DEPUTY 
CALL   CHIEFS. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  Chapter  seventy-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking  out  section  one 
and  inserting  in  place  thereof  the  following :  —  Section  1 . 
The  fire  department  in  the  town  of  Marblehead  shall  be 
under  the  control  of  an  officer  to  be  known  as  the  chief  of 
the  fire  department  who  shall  be  appointed  by  the  select- 
men and  shall  receive  such  salary  as  they  may  from  time  to 
time  determine,  not  exceeding,  in  the  aggregate,  the  amount 
annually  appropriated  therefor.  Such  office  shall  be  subject 
to  the  civil  service  laws  and  rules  and  regulations  relating 
to  permanent  members  of  fire  departments  .of  towns,  and 
the  tenure  of  office  of  any  incumbent  thereof  shall  be  un- 
limited, subject,  however,  to  said  laws.  Appointments  to 
such  office  shall  be  made  only  after  a  competitive  civil 
service  examination  open  only  to  citizens  of  said  town ;  pro- 
vided, that  the  permanent  and  call  members  of  said  de- 
partment may  take  such  examination  notwithstanding  any 
age  limitation  prescribed  in  said  laws  and  rules  and  regula- 
tions. The  chief  may,  in  lieu  of  appointing  a  deputy  chief  as 
required  by  section  forty-two  of  chapter  forty-eight  of  the 
General  Laws,  appoint  two  deputy  call  chiefs  who  shall  not 
be  subject  to  the  civil  service  laws  and  rules  and  regulations, 
and  he  shall,  except  as  otherwise  provided  herein,  have  the 
rights,  powers,  duties  and  obligations  given  to  chiefs  of  fire 
departments  in  certain  towns  by  sections  forty-two  and 
forty-three  of  said  chapter  forty-eight.  The  positions  of 
permanent  and  call  members  of  said  department  shall  con- 
tinue to  be  subject  to  the  civil  service  laws  and  rules  and 
regulations  relating  to  permanent  and  call  firemen  in  towns. 
The  chief  may  appoint  an  acting  chief  to  serve  during  his 
absence  or  disability,  and  in  case  of  a  vacancy  in  the  office 
of  chief  or  in  case  the  chief  fails  to  appoint  an  acting  chief 
as  aforesaid,  such  appointment  shall  be  made  by  the  select- 
men. 

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

Approved  May  18,  1939. 

Chap. 217  An  Act  authorizing  the  city  of  boston  to  regulate 

BY  ordinance  the  INSPECTION,  MATERIALS,  CONSTRUC- 
TION, alteration,  REPAIR,  HEIGHT,  AREA,  LOCATION  AND 
USE    OF   BUILDINGS   AND    OTHER    STRUCTURES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  seventy-nine  of 
the  acts  of  nineteen  hundred  and  thirty-eight  is  hereby 
amended  by  inserting  after  section  one  hundred  and  five 


Acts,  1939. —Chap.  218.  193 

the  following  new  section:  —  Section  105 A.  The  city  of 
Boston,  for  the  purposes  of  the  prevention  of  fire  and  the 
preservation  of  life,  health  and  morals,  or  for  any  of  such 
purposes,  may  from  time  to  time,  by  ordinance  and  upon 
the  written  recommendation  of  the  building  commissioner 
or  the  board  of  appeal,  regulate  the  inspection,  materials, 
construction,  alteration,  repair,  height,  area,  location  and 
use  of  buildings  and  other  structures  in  said  city,  except 
such  buildings  or  structures  as  are  excluded  from  the  opera- 
tion of  this  code  by  sub-section  (o)  of  section  one  hundred 
and  seven,  and  for  any  or  all  of  said  purposes  may  from 
time  to  time,  by  ordinance  upon  like  written  recommenda- 
tion, alter,  amend,  extend  or  render  ineffective  any  provision 
or  provisions  of  this  code  regulating  building  and  other 
structures  as  aforesaid. 

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

Approved  May  18,  1939. 


An  Act  regulating  the  use  by  retail  dealers  in  motor  Chap. 218 

FUELS  OF  signs  RELATING  TO  THE  PRICE  OF  SUCH  FUELS. 

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

Be  it  enacted,  etc.,  as  follows: 

Chapter    ninety-four    of    the    General    Laws    is    hereby  g.  l.  (Xer. 
amended  by  striking  out  section  two  hundred  and  ninety-  f 295cf'etc.. 
five  C,  inserted  by  chapter  four  hundred  and  eleven  of  the  amended. 
acts  of  nineteen  hundred  and  thirty-eight,  and  inserting  in 
place  thereof  the  following :  —  Section  295C.     Every  retail  Use^of  signs^ 
dealer  in  motor  fuel  shall  publicly  display  and  maintain  on  of'^moforfueis, 
each  pump  or  other  dispensing  device  from  which  motor  regulated. 
fuel  is  sold  by  him,  at  least  one  sign  and  not  more  than  two 
signs  stating  the  price  per  gallon  of  the  motor  fuel  sold  by 
him  from  such  pump  or  device.    Said  sign  or  signs  shall  be 
of  a  size  not  larger  than  eight  inches  by  ten  inches.    The  price 
shown  on  each  of  such  signs  shall  include  all  taxes  imposed 
with  respect  to  the  manufacture  or  sale  of  the  motor  fuel 
sold  at  such  pump  or  device,  and  every  such  sign  shall 
either  contain  a  statement  of  the  taxes  included  in  said 
price,  or,  without  specifying  the  amount  thereof,  shall  state 
that  such  taxes  are  included  in  said  price.     All  figures,  in- 
cluding fractions,  upon  said  signs,  other  than  figures  and 
fractions  used  in  any  price  computing  mechanism  constitut- 
ing a  part  of  any  such  pump  or  dispensing  device,  shall  be 
of  the  same  size. 

No  signs  stating  or  relating  to  the  price  of  motor  fuel, 
and  no  signs  designed  or  calculated  to  cause  the  public  to 
believe  that  they  state  or  relate  to  the  price  of  motor  fuel, 
other  than  the  signs  referred  to  in  the  preceding  paragraph 
and  required  to  be  displayed  upon  pumps  and  other  dis- 


194  Acts,  1939.  —  Chaps.  219,  220. 

pensing  devices,  shall  be  posted  or  displayed  on  or  about 
the  premises  where  motor  fuel  is  sold  at  retail,  and  within 
view  of  any  public  highway  or  reservation. 

Whoever,  himself  or  by  his  agent  or  servant,  violates  any 
provision  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  five  hundred  dollars. 

Approved  May  18,  1939. 

Chap. 219  An  Act  to  authorize  the  reinstatement  of  Patrick 

SULLIVAN    IN    THE    POLICE    DEPARTMENT    OF    THE    CITY    OF 
NEWBURYPORT. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  The  mayor  of  the  city  of  Newburyport  is 
hereby  authorized  and  directed  to  reinstate  Patrick  Sullivan 
in  the  police  department  of  said  city  without  examination 
and  in  the  position  and  grade  formerly  held  by  him  in  said 
department,  if  and  when  a  vacancy  exists  in  such  position 
and  grade. 

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,  but  not 
otherwise.  Approved  May  18,  1939. 

Chap. 220  An  Act  providing  for  the  holding  of  biennial  municipal 
elections  in  the  city  of  revere  in  odd-numbered 

YEARS   instead    OF   EVEN-NUMBERED    YEARS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Beginning  with  the  year  nineteen  hundred 
and  forty-three,  municipal  elections  in  the  city  of  Revere 
for  the  choice  of  mayor,  collector  of  taxes,  city  treasurer, 
councilmen,  assessors  and  members  of  the  school  committee 
shall  be  held  biennially  on  the  second  Tuesday  of  December 
in  every  odd-numbered  year. 

Section  2.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty,  the 
mayor,  collector  of  taxes,  city  treasurer  and  councilmen  shall 
be  elected  for  terms  of  three  years  each,  and  at  each  biennial 
municipal  election  thereafter  shall  be  elected  for  terms  of 
two  years  each. 

Section  3.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty,  one 
assessor  shall  be  elected  to  hold  office  until  the  quahfication 
of  his  successor  who  shall  be  elected  at  the  biennial  munici- 
pal election  in  the  year  nineteen  hundred  and  forty-seven. 
The  term  of  office  of  the  assessor  elected  in  the  year  nine- 
teen hundred  and  thirty-six  shall  continue  until  the  quali- 
fication of  his  successor  who  shall  be  elected  at  the  biennial 
municipal  election  in  the  year  nineteen  hundred  and  forty- 
three.  The  term  of  office  of  the  assessor  elected  in  the  year 
nineteen  hundred  and  thirty-eight  shall  continue  until  the 
qualification  of  his  successor  who  shall  be  elected  at  the 


Acts,  1939. —Chap.  221.  195 

biennial  municipal  election  in  the  year  nineteen  hundred 
and  forty-five.  At  each  biennial  municipal  election,  be- 
ginning with  the  year  nineteen  hundred  and  fortj^-three,  one 
assessor  shall  be  elected  for  the  term  of  six  years. 

Section  4.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty,  the 
members  of  the  school  committee  to  be  elected  thereat  shall 
be  elected  to  hold  office  until  the  qualification  of  their  suc- 
cessors who  shall  be  elected  at  the  biennial  municipal  election 
in  the  year  nineteen  hundred  and  forty-five.  The  term  of 
office  of  the  members  of  the  school  committee  elected  in  the 
year  nineteen  hundred  and  thirty-eight  shall  continue 
until  the  qualification  of  their  successors  who  shall  be  elected 
at  the  biennial  municipal  election  in  the  year  nineteen 
hundred  and  forty-three.  Beginning  with  the  biennial  mu- 
nicipal election  to  be  held  in  the  year  nineteen  hundred  and 
forty-three,  all  members  of  the  school  committee  shall  be 
elected  for  terms  of  four  years  each. 

Section  5.  No  regular  municipal  election  shall  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty-one  or 
nineteen  hundred  and  forty-two. 

Section  6.  Such  provisions  of  chapter  six  hundred  and 
eighty-seven  cf  the  acts  of  nineteen  hundred  and  fourteen 
and  of  chapter  two  hundred  and  twenty-eight  of  the  acts  of 
nineteen  hundred  and  twenty-one,  and  acts  in  amendment 
thereof  or  in  addition  thereto,  as  are  inconsistent  with  this 
act  are  hereby  repealed. 

Section  7.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Revere  at  the  biennial  state  election  in 
the  year  nineteen  hundred  and  forty  in  the  form  of  the  fol- 
lowing 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-nine,  entitled  'An  Act  providing  for  the  holding 
of  biennial  municipal  elections  in  the  city  of  Revere  in  odd- 
numbered  years  instead  of  even-numbered  years',  be  ac- 
cepted? "  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  May  18,  1939. 

An  Act  relative  to  the  making  or  sharing  in  con-  Qhav  221 
tracts  by  the  officials  and  employees  of  the  city 
of  haverhill. 

Be  it  enacted,  etc.,  as  follows: 

Neither  the  mayor  or  any  member  of  the  city  council  or 
school  committee  and  no  other  officer  and  no  employee  of 
the  city  of  Haverhill  shall  directly  or  indirectly  make  a 
contract  with  the  city,  or  receive  any  commission,  discount, 
bonus,  gift,  contribution,  or  reward  from  or  any  share  in 
the  profits  of  any  person  making  or  performing  such  con- 
tract, unless  the  mayor,  such  member,  officer  or  employee, 
immediately  upon  learning  of  the  existence  of  such  contract, 


196  Acts,  1939.  —  Chap.  222. 

or  that  such  contract  is  proposed,  shall  notify  in  writing 
the  mayor,  city  council  or  school  committee  of  the  nature 
of  his  interest  in  such  contract,  and  shall  abstain  from  doing 
any  official  act  on  behalf  of  the  city  in  reference  thereto.  In 
case  of  such  interest  on  the  part  of  an  officer  whose  duty  it 
is  to  sign  such  contract  on  behalf  of  the  city,  the  contract 
may  be  signed  by  any  other  officer  of  the  city  duly  author- 
ized thereto  by  the  mayor,  or,  if  the  mayor  has  such  inter- 
est, by  the  city  clerk;  provided,  that,  when  a  contractor 
with  the  city  is  a  corporation  or  a  voluntary  stock  associa- 
tion, the  ownership  of  less  than  five  per  cent  of  the  stock  or 
shares  actually  issued  shall  not  be  considered  as  involving 
an  interest  in  the  contract  within  the  meaning  of  this  act, 
and  such  ownership  shall  not  affect  the  validity  of  the  con- 
tract unless  the  owner  of  such  stock  or  shares  is  also  an 
officer  or  agent  of  the  corporation  or  association,  or  solicits 
or  takes  part  in  the  making  of  the  contract. 

A  violation  of  any  provision  of  this  act  shall  render  the 
contract  in  respect  to  which  such  violation  occurs  voidable 
at  the  option  of  the  city.  Any  person  violating  any  provi- 
sion of  this  act  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars,  or  by  imprisonment  for  not  more  than 
one  year,  or  both.  Approved  May  18,  1939. 

Chap. 222  An  Act  relative  to  the  holding,  management  and 

CONTROL  OF  THE  ATHLETIC  FIELD  LOCATED  ON  LYNN  FELLS 
PARKWAY  AND  TREMONT  STREET  IN  THE  CITY  OF  MELROSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Melrose  is  hereby  authorized  to 
pay  a  sum  not  exceeding  eight  thousand  dollars  to  the 
Melrose  Athletic  Field  Association,  Inc.,  a  corporation  duly 
established  under  general  law,  in  consideration  of  the 
release  and  surrender  to  said  city  by  said  corporation  of  all 
its  right,  title  and  interest  under  a  lease  to  it,  under  chapter 
two  hundred  and  sixty-four  of  the  acts  of  nineteen  hundred 
and  twenty-three,  of  certain  park  land  located  on  Lynn 
Fells  parkway  and  Tremont  street  in  said  city,  more  particu- 
larly described  in  section  two  of  said  chapter  two  hundred 
and  sixty-four. 

Section  2.  Upon  the  making  of  such  payment,  said 
lease  shall  terminate,  all  right,  title  and  interest  of  said  cor- 
poration thereunder  shall  cease,  and  said  land  shall  revert 
to  said  cit}^  and  all  structures  thereon  shall  become  the 
absolute  property  of  the  city.  Thereupon  the  park  com- 
mission of  said  city  shall  hold  and  have  sole  m.anagement 
and  control  of  said  propertj^  which  shall  be  used  for  pur- 
poses of  school  and  other  athletics  and  public  events  at 
which  an  admission  fee  may  or  may  not  be  charged. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
(ieptance  by  vote  of  the  board  of  aldermen  of  said  city,  with 
the  approval  of  the  mayor,  and  by  vote  of  the  park  com- 
mission, but  not  otherwise.  Approved  May  18,  1939. 


Acts,  1939.  —  Chaps.  223,  224.  197 


An  Act  relating  to  certain  election  contributions.  Chap. 223 

Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-five  of  the  General  Laws  is  hereby  amended  g'j^-^J^cg 
b}^  striking  out  section  eight,  as  appearing  in  the  Tercente-  amended, 
nary  Edition,  and  inserting  in  place  thereof  the  following:  — 
Section  8.     No  person  shall,  directly  or  indirectly,  make  a  Payments.  _ 
payment  or  promise  of  payment  to  a  political  committee  or  committees!*'^'*' 
to  any  person  acting  under  its  authority  or  in  its  behalf,  in  etc. 
any  name  except  his  own  nor  unless  he  makes  known  his 
address  at  the  time  of  such  promise  or  payment;   nor  shall 
such  committee  or  person  knowingly  receive  a  payment  or 
promise  of  payment,  or  enter  or  cause  the  same  to  be  entered 
in  the  accounts  or  records  of  such  committee,  in  an}^  name 
other  than  that  of  the  person  by  whom  it  is  made  nor  with- 
out recording  the  name  and  address  of  such  person. 

Approved  May  18,  1939. 


An  Act  removing  a  certain  restriction  upon  the  ex-  (JJidj)  224 

PENDITURE  OF  STATE  FUNDS  FOR  THE  REPAIR  AND  IM- 
PROVEMENT  OF  PUBLIC  W^AYS,  OTHER  THAN  STATE  HIGH- 
WAYS, IN  SMALL  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-seven  of  chapter  eighty-one  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,   as  appearing  in  the  Tercentenary  Edition,   is  amended.^  ^^' 
hereby  amended   by  striking   out   the  last  sentence,  —  so 
as  to  read  as  follows:  —  Section  21.      Expenditure  of  state  Petition  of 
funds  under  section  twenty-six  shall  be  made  onl}^  upon  requfrTd'' 
the    written    petition    of    the    selectmen,    containing    such 
information  as  the  department  may  require. 

Approved  May  18,  1939. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  June  6,  1939. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commomrealth, 
State  Hovse,  Boston. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  pubHc  peace,  health,  safety,  and  convenience 
requires  that  the  law  passed  on  the  eighteenth  day  of  May 
in  the  year  nineteen  hundred  and  thirty-nine,  entitled,  "An 
Act  removing  a  certain  restriction  upon  the  expenditure  of 
State  funds  for  the  repair  and  improvement  of  public  ways, 
other  than  State  Highways,  in  small  towns"  should  take 
effect  forthwith,  that  it  is  an  emergency  law  and  that  the 
facts  constituting  the  emergency  are  as  follows: 


198 


Acts,  1939.  —  Chap.  225. 


Because  otherwise  it  will  not  be  possible  to  do  necessary 
work  in  areas  permitted  by  this  legislation  until  some  time 
in  August  and  thereby  cause  serious  delay  with  the  result 
that  the  work  may  not  be  completed  in  the  current  year  as 
intended  by  the  Act. 

Very  truly  yours, 

Leverett  Saltonstall, 

Governor. 

Office  of  the  Secretary,  Boston,  June  7,  1939. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  four  o'clock  and  two 
minutes,  p.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  two  hun- 
dred and  twenty-four  of  the  acts  of  nineteen  hundred  and 
thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonxvealth. 


G.  L.  (Ter. 
Ed.),  175, 
§  114.  etc, 
amended. 


Chap.  22b  An  Act  relative  to  the  powers  and  obligations  of  title 

INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  fourteen  of  chapter  one  hundred 
and  seventy-five  of  the  General  Laws,  as  amended  by  sec- 
tion thirty-four  of  chapter  one  hundred  and  eighty  of  the 
acts  of  nineteen  hundred  and  thirty-two,  is  hereby  further 
amended  by  inserting  after  the  word  "sixteen"  in  the  fifth 
line  the  following:  —  ,  seventeen,  —  and  by  inserting  after 
the  word  "sixteen"  in  the  tenth  line  the  following:  —  ,  one 
hundred  and  seventy-eight  to  one  hundred  and  eighty  A, 
inclusive,  —  so  as  to  read  as  follows:  —  Section  114-  A 
company  organized  under  the  eleventh  clause  of  section 
forty-seven  or  under  earlier  laws  relating  to  such  companies 
shall  not  be  subject  to  this  chapter,  except  this  section  and 
sections  three  A,  four,  six,  fifteen,  sixteen,  seventeen,  eight- 
een, nineteen  A,  twenty-two,  twenty-five,  twenty-six,  thirty, 
thirty-two,  thirty-three,  fortj^-four,  forty-seven  to  forty- 
nine,  inclusive,  fifty-seven  to  sixty-one,  inclusive,  sixty-nine 
to  seventy-two,  inclusive,  one  hundred  and  sixteen,  one 
hundred  and  sevent3^-eight  to  one  hundred  and  eighty  A, 
inclusive,  one  hundred  and  eighty-nine,  one  hundred  and 
ninety-three  A  and  one  hundred  and  ninety-four,  and  the 
first  paragraph,  so  far  as  applicable  to  the  title  guaranty 
fund,  and  the  third  paragraph,  of  section  sixty-two.  Such 
company  may  transact  all  the  kinds  of  business  specified  in 
said  eleventh  clause.  Approved  May  18,  1939. 


of  title 

insurance 

companies. 


Acts,  1939. —Chap.  226.  199 


An  Act  relative  to  the  construction  of  certain  main  C hap. 22Q 

AND    particular    SEWERS    IN    THE    EASTERLY    SECTION    OF 
THE   CITY   OF   MELROSE. 

Be  it  enacted,  etc.,  as  follows. ■ 

Section  1.  The  city  of  Melrose,  acting  through  its  board 
of  aldermen,  is  hereby  authorized  to  assess  upon  the  owners 
of  estates  which  derive  particular  benefit  or  advantage  from 
any  system  of  main  drains  and  common  sewers  which  may 
be  constructed  by  said  city,  with  the  aid  of  federal  funds, 
in  that  portion  of  the  easterly  section  of  said  city  shown  on 
a  plan  entitled  "Plan  of  Area  in  Easterly  Section  of  Melrose, 
Mass.  to  be  served  by  Proposed  Sewer,  Feb.  21,  1939,  Public 
Works  Dept.  Melrose,  Mass.  Fred  E.  Ellis,  Engr.  and  Supt.", 
sums  equal,  in  the  aggregate,  to  not  more  than  one  half  of 
so  much  of  the  cost  of  such  construction  as  is  paid  by  said 
city  from  funds  other  than  those  made  available  by  the 
federal  government,  at  a  fixed  uniform  rate  according  to 
both  frontage  and  area,  as  authorized  by  section  fifteen  of 
chapter  eighty-three  of  the  General  Laws,  any  provision  of 
any  general  or  special  law  or  of  any  ordinance  of  said  city  to 
the  contrary  notwithstanding. 

Section  2.  Assessments  under  the  preceding  section 
shall  be  levied  and  collected  in  accordance  with  the  provi- 
sions of  chapter  eighty-three  of  the  General  Laws;  provided, 
that  such  assessments  shall  bear  interest  at  a  rate  not  more 
than  one  per  cent  in  excess  of  the  rate  which  said  city  shall 
pay  for  a  loan  for  the  purposes  of  said  sewer  system,  but, 
in  no  case,  more  than  six  per  cent,  from  the  thirtieth  day 
after  the  assessments  have  been  committed  to  the  collector; 
and  provided,  further,  that  the  maximum  number  of  por- 
tions into  which  the  assessments  may  be  apportioned  under 
section  thirteen  of  chapter  eighty  of  the  General  Laws  shall 
be  twenty  instead  of  ten.  Interest  on  any  amount  of  such 
assessments  remaining  unpaid  shall  be  computed  in  the 
manner  hereinbefore  provided. 

Section  3.  The  time  of  the  payment  of  assessments 
made  under  this  act  may  be  extended  as  provided  in  section 
nineteen  of  said  chapter  eighty-three;  provided,  that 
whenever  the  time  for  the  payment  of  any  assessment  is  so 
extended  for  a  definite  period  and  the  land  to  which  such 
assessment  relates  is  not  built  upon  at  the  expiration  of 
such  time,  the  time  may  be  further  extended  as  determined 
by  the  board  of  aldermen.  If  the  time  for  the  payment  of 
assessments  is  so  extended,  no  demand  for  payment  thereof 
shall  be  made  by  the  collector  within  six  months  after  the 
termination  of  such  definite  period  or  after  such  land  is 
built  upon,  whichever  occurs  first,  and  within  said  six  months 
the  assessments  may  be  apportioned  under  said  section 
thirteen  of  chapter  eighty  of  the  General  Laws,  as  affected 
by  section  two  of  this  act. 


200  Acts,  1939.  —  Chap.  226. 

Section  4.  The  said  city  of  Melrose,  acting  through  its 
engineer  and  superintendent  of  pubHc  works,  may,  upon 
appHcation  of  the  owner  of  any  estate  abutting  on  any 
way  where  a  sewer  is  constructed  in  the  easterly  section  of 
said  city  referred  to  in  section  one  of  this  act,  lay  in  such 
sewered  way  and  in  the  private  land  of  such  owner  such 
particular  sewer  or  connecting  drain  as  may  be  necessary 
to  connect  any  building  on  such  estate  with  such  main 
drain  or  sewer,  and  said  officer  may  make  all  necessary 
contracts  in  the  name  of  and  in  behalf  of  said  city  for 
such  purpose.  The  expense  thereof  shall  be  paid  out  of  any 
appropriation  that  may  be  made  by  the  board  of  aldermen 
therefor. 

Section  5.  The  cost  of  constructing  each  particular 
sewer  or  connecting  drain  shall  be  assessed  by  the  said  engi- 
neer and  superintendent  of  public  works  upon  the  estate 
benefited  thereby.  Such  assessment  shall  be  made  by 
filing  with  the  board  of  assessors  of  the  city  a  certificate, 
designating  the  way  and  the  private  land  in  which  such 
particular  sewer  or  connecting  drain  has  been  constructed, 
and  giving  the  name  or  names  of  the  owners  of  the  estate 
for  which  such  connection  has  been  made  and  the  amount 
of  the  assessment  to  be  paid  by  such  owner  or  owners.  A 
copy  or  duplicate  of  this  certificate  shall,  within  ten  days 
after  the  filing  of  the  same  with  the  board  of  assessors,  be 
recorded  in  the  registry  of  deeds  for  the  southern  district 
for  the  county  of  Middlesex,  or,  in  the  case  of  registered 
land,  filed  in  the  office  of  the  assistant  recorder  for  the 
Middlesex  county  registry  district.  The  board  of  assessors 
shall,  upon  receipt  of  such  certificate,  forthwith  commit 
such  assessments  or  charges  with  their  warrant  to  the  col- 
lector of  taxes,  who  shall  forthwith  make  a  demand  in  writ- 
ing for  the  payment  of  such  assessments  or  charges,  and 
every  owner  shall,  within  three  months  after  such  demand 
is  served  upon  him  or  upon  the  occupant  of  the  estate,  or 
sent  by  mail  to  the  last  known  address  of  the  owner  known 
to  the  collector  of  taxes,  pay  to  the  collector  of  taxes  the 
sum  assessed  or  charged  under  this  section. 

Section  6.  Except  as  herein  provided,  the  provisions  of 
general  law  relative  to  the  assessment,  apportionment,  divi- 
sion, re-assessment,  abatement  and  collection  of  sewer  as- 
sessments, to  liens  therefor  and  to  interest  thereon  shall 
apply  to  assessments  for  particular  sewers  made  under  this 
act.  In  applying  said  provisions  to  assessments  so  made 
for  particular  sewers,  the  notice  therein  referred  to  shall  be 
deemed  to  be  the  demand  of  the  tax  collector  required  by 
section  five  hereof.  The  lien  for  any  assessment  for  par- 
ticular sewers  made  under  this  act  shall  attach  upon  the 
recording  or  filing  for  registration  of  the  copy  or  duplicate 
of  the  certificate  of  assessment. 

Section  7.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance, within  two  years  after  its  passage,  by  the  board 


Acts,  1939.  —  Chap.  227.  201 

of  aldermen  of  the  city  of  Melrose,  subject  to  the  provisions 
of  its  charter,  but  not  otherwise. 

Approved  May  19,  1939. 


An  Act  further  regulating  the  powers  and  duties  Chap. 227 
OF   the   co-operative    central   bank  and   affecting 

THE   dissolution    OF   CO-OPERATIVE    BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ten  of  chapter  forty-five  of  the  acts 
of  nineteen  hundred  and  thirty-two,  as  most  recently 
amended  by  section  one  of  chapter  two  hundred  and  forty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-eight,  is 
hereby  further  amended  by  adding  at  the  end  the  following 
new  paragraph :  — 

The  board  of  directors  of  the  central  bank  may  annually 
refund  to  any  member  bank  so  much  of  the  deposit  of  such 
member  bank  as  exceeds  the  amount  required  by  section 
six  to  be  maintained  by  it. 

Section  2.  Section  one  of  chapter  seventy-three  of  the 
acts  of  nineteen  hundred  and  thirty-four,  as  amended  by 
section  two  of  chapter  two  hundred  and  fortj^-four  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  striking  out  the  sixth  sentence  and  inserting 
in  place  thereof  the  following :  —  If  any  member  bank  shall 
fail  to  pay  any  assessment*  lawfully  required  under  this 
section,  the  treasurer  of  the  corporation  shall  notify  the  com- 
missioner of  such  failure  and  the  commissioner  shall  forth- 
with notify  such  member  bank  in  writing.  The  failure  of 
such  member  bank  to  make  such  payment  within  fifteen 
days  after  such  notice  from  the  commissioner  shall  con- 
stitute a  violation  of  law  within  the  meaning  of  section  five 
of  chapter  one  hundred  and  sixty-seven  of  the  General  Laws, 
and  such  member  bank  may  be  proceeded  against  as  pro- 
vided in  said  section. 

Section  3.  Said  chapter  seventy-three  is  hereby  further 
amended  by  striking  out  section  three  A,  inserted  by  sec- 
tion four  of  said  chapter  two  hundred  and  forty-four,  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  corpo- 
ration such  action  may  reduce  the  risk  or  avert  a  threatened 
loss  to  the  corporation,  or  may  facilitate  a  merger  or  con- 
solidation of  such  member  bank  with  another  member  bank, 
or  may  facilitate  the  sale  of  assets  of  such  member  bank  to 
and  the  assumption  of  its  liabilities  by  one  or  more  other 
member  banks,   the  corporation  may,   with  the  approval 


202  Acts,  1939. —Chap.  227. 

of  the  commissioner  and  in  order  to  effect  the  purposes  of 
this  act,  do  any  one  or  more  of  the  following:  (a)  purchase 
from  such  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  such  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  approval  of  the  commissioner, 
may  determine;  (h)  make  loans  to  such  member  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  determine;  (c)  pay  to  such  mem- 
ber bank  in  accordance  with  an  agreement  entered  into 
between  such  member  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  such  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;  provided,  that  any 
amount  paid  by  the  corporation  hereunder  to  such  member 
bank  and  the  agreement  of  such  member  bank  to  repay  the 
excess,  as  hereinbefore  provided,  shall  constitute  liabilities 
of  such  member  bank  only  to  the  extent  of  any  such  excess 
from  time  to  time  actually  realized;  (d)  pay  into  the  guar- 
anty fund  or  surplus  account  of  such  member  bank  in  ac- 
cordance with  an  agreement  entered  into  between  such 
member  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,  such 
member  bank  being  hereby  authorized  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 
member  bank,  and  any  agreement  of  such  member  bank  to 
repay  the  same,  shall  constitute  liabilities  of  such  member 
bank  only  to  the  extent  provided  by  said  agreement.  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  to  carry  out  any  or  all  provisions  of  this  section. 

Notwithstanding  the  provisions  of  section  twenty-two  of 
chapter  one  hundred  and  sixty-seven  of  the  General  Laws 
relative  to  voluntary  dissolution  and  liquidation  of  a  co-op- 
erative bank,  in  order  to  give  effect  to  the  purposes  of  this 
section  and  subject  to  the  approval  of  the  commissioner  and 


Acts,  1939.  —  Chap.  227.  203 

of  the  corporation,  such  member  bank  may  be  dissolved  and 
hquidate  its  affairs  if  authorized  by  vote  of  at  least  two 
thirds  of  its  directors.  A  committee  of  three  shareholders, 
subject  to  the  approval  of  the  corporation,  shall  thereupon 
be  elected  by  the  directors,  and,  under  such  regulations  as 
may  be  prescribed  by  the  commissioner,  shall  liquidate  the 
remaining  assets,  and  after  satisfying  or  adjusting  all  debts 
of  and  claims  against  such  member  bank  shall  distribute  the 
remaining  proceeds  among  those  entitled  thereto  in  propor- 
tion to  their  respective  interests  therein.  The  supreme  judi- 
cial court,  or  any  justice  thereof,  shall  have  jurisdiction  in 
equitj^  to  enforce  the  provisions  of  this  paragraph  and  to 
act  upon  all  applications  and  in  all  proceedings  thereunder. 

Section  4.  Section  seven  of  said  chapter  seventy-three 
is  hereby  amended  by  striking  out  the  sentence  inserted  by 
chapter  seventy-six  of  the  acts  of  nineteen  hundred  and 
thirty-five  and  inserting  in  place  thereof  the  following:  — 
Notwithstanding  anj^  other  provision  of  law,  (a)  with  the 
approval  of  the  commissioner,  any  member  bank  may  ad- 
vance or  loan  upon,  or  purchase,  the  whole  or  any  part  of 
the  assets  of  any  other  member  bank  which  is  in  possession 
of  the  corporation  under  this  chapter  or  which  has  been  the 
subject  of  a  notice  from  the  commissioner  to  the  corporation 
as  provided  in  section  three  A,  at  such  valuations  and  upon 
such  terms  and  conditions  as  such  member  banlcs,  by  author- 
ization of  their  boards  of  directors,  may  agree  upon,  and  the 
member  bank  making  such  an  advance,  loan  or  purchase, 
for  the  purpose  of  effecting  the  same,  may  assume  and  agree 
to  pay  the  whole  or  any  part  of  the  share  and  other  liabilities 
of  such  other  member  bank  upon  such  terms  and  conditions 
and  subject  to  such  adjustments  as  may  be  approved  by  the 
commissioner,  and  (b),  with  the  approval  of  the  commis- 
sioner, any  member  bank  may  advance  or  loan  upon,  or 
purchase,  the  whole  or  any  part  of  the  assets  acquired  or 
held  by  the  corporation,  and  may  participate  in  such  an 
advance,  loan  or  purchase  with  one  or  more  other  member 
banks,  at  such  valuations  and  upon  such  terms  and  condi- 
tions as  the  corporation  and  such  member  bank  or  banks,  by 
authorization  of  their  boards  of  directors,  may  agree  upon, 
and  with  like  approval,  the  corporation  may  do  any  and  all 
things  and  ma}^  take  any  and  all  action  which  its  directors 
may  deem  necessary  or  advisable  to  give  effect  to  this  pro- 
vision; provided  that  the  approval  of  the  commissioner 
shall  not  be  required  in  the  case  of  the  purchase  hereunder 
by  a  member  bank  from  the  corporation  of  any  mortgage 
for  a  sum  equal  to  the  unpaid  balance  thereof. 

Section  5.  Said  chapter  seventy-three  is  hereby  further 
amended  by  striking  out  section  ten,  as  amended  by  chapter 
eighty  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following:  —  Section  10.  Dur- 
ing such  time  as  the  Share  Insurance  Fund  is  insuring  the 
shares  in  any  member  bank  under  the  provisions  of  this  act, 
so  much  of  sections  twenty-two  to  thirty-six,  inclusive,  of 


204  Acts,  1939.  —  Chaps.  228,  229. 

chapter  one  hundred  and  sixty-seven  of  the  General  Laws 
as  relates  to  possession  of  banks  by  the  commissioner  shall 
not,  except  as  herein  provided,  apply  to  such  member  bank. 
During  such  time  as  the  corporation  is  in  possession  of  any 
member  bank  hereunder,  the  provisions  of  section  twentj^- 
one  of  chapter  one  hundred  and  seventy  of  the  General 
Laws  shall  not  apply  to  such  bank.  The  provisions  of  sec- 
tion fifty-two  of  said  chapter  one  hundred  and  seventy 
relative  to  set-off  or  recoupment  of  shares  in  co-operative 
banks  shall  apply  in  the  case  of  any  member  bank  in  pos- 
session of  the  corporation  hereunder  for  the  purpose  of 
liquidation.  Approved  May  19, 


Chap. 228  An   Act   authorizing   certain    employees   of   certain 

CITIES  and  towns  TO  BECOME  MEMBERS  OF  THE  CONTRIBU- 
TORY RETIREMENT  SYSTEMS  OF  THEIR  RESPECTIVE  CITIES 
AND  TOWNS,  AND  REGULATING  THEIR  CREDIT  UNDER  SUCH 
SYSTEMS    FOR   PRIOR   SERVICE. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Section  twenty-seven  of  chapter  thirty-two  of  the  General 

etc!, 'amended'.    Laws,  as  amended,  is  hereby  further  amended  by  striking 
out  paragraph  (2),  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:  — 
Members  (2)  Any  employee  of  a  city  or  town  under  age  seventy  on 

for'^Mvice'^  '*  the  date  of  application,  whose  membership  in  the  system  is 
membershtp^  °^  Contingent  on  his  electing  to  become  a  member,  and  who 
has  elected  not  to  become  a  member,  may  thereafter  apply 
for  and  be  admitted  to  membership;  provided,  that  he  shall 
not  be  entitled  to  credit  for  prior  service  unless  he  shall  pay 
into  the  annuity  savings  fund  of  the  system,  in  one  sum,  or 
by  instalments,  an  amount  equal  to  that  which  he  would 
have  paid  had  he  joined  the  system  at  the  earliest  oppor- 
tunity, with  interest  at  three  per  cent;  and  provided,  fur- 
ther, that  all  payments  by  instalments  hereunder  shall  be 
made  before  said  member  attains  age  sixty. 

Approved  May  19,  1939. 

Chap. 229  An  Act  to  authorize  the  sale  of  the  property  of  or 

THE    consolidation    OR    MERGER    OF    GAS    AND    ELECTRIC 

companies  under  certain  conditions. 
Be  it  enacted,  etc.,  as  follows: 
G- L.  (Ter  SECTION  1.     Chapter  one  hundred  and  sixty-four  of  the 

amended.'      '   General  Laws  is  hereby  amended  by  striking  out  section 
ninety-six,  as  appearing  in  the  Tercentenary  Edition,  and 
Merger,  etc.,      inserting    in    place    thereof    the    following:  —  Section  96. 
eiecfrlc^"  Compauies  subject  to  this  chapter  may,  notwithstanding 

companies.  g^^y  Qj^^gj.  provisious  of  this  chapter  or  of  any  general  or 
special  law,  consolidate  or  merge  with  one  another,  or  may 
sell  and  convey  their  properties  to  another  of  such  com- 
panies and  such  other  company  may  purchase  such  prop- 


Acts,  1939.  —  Chap.  230.  205 

erties,  provided  that  such  purchase,  sale,  consolidation  or 
merger,  and  the  terms  thereof,  have  been  approved,  at 
meetings  called  therefor,  by  vote  of  at  least  two  thirds  in 
interest  of  the  stockholders  of  each  of  the  contracting  com- 
panies, and  that  the  department,  after  notice  and  a  public 
hearing,  has  determined  that  such  purchase  and  sale  or 
consolidation  or  merger,  and  the  terms  thereof,  are  con- 
sistent with  the  public  interest. 

Sectioj^  2.     Said  chapter  one  hundred  and  sixty-four  is  g.  l.  (Xer. 
hereby  further  amended  b}'  striking  out  section  one  hundred  ^meAded'  ^  ^°^' 
and  two,  as  appearing  in  the  Tercentenarj'  Edition,  and  in- 
serting in  place  thereof  the  following:  —  Section  102.     The  Operation  of 


certain  see- 


the consolidation  of  the  Boston  Consolidated  Gas  Company 
and  the  Boston  Edison  Compan3^ 

Approved  May  19,  1939. 

An  Act  relative  to  the  hours  when  the  several  district  nhar)  930 

COURTS,   OTHER  THAN  THE  MUNICIPAL  COURT  OF  THE  CITY  ^  "^ 

OF  BOSTON,  SHALL  OPEN  FOR  THE  TRANSACTION  OF  BUSI- 
NESS, AND  TO  THE  OFFICE  HOURS  OF  THE  CLERKS  OF  SUCH 
COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Ter. 
General  Laws  is  hereb}'-  amended  by  striking  out  section  amend^e'd'  ^  ^^' 
fifteen,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
serting in  place  thereof  the  following:  —  Section  15.     The  office  hours 
justices  of  the  district  courts,  other  than  the  municipal  court  district 'lo^ts. 
of  the  city  of  Boston,  with  the  approval  in  each  instance  of 
the  administrative  committee  of  the  district  courts,  and  the 
justices  of  the  municipal  court  of  the  city  of  Boston  in  their 
sole  discretion,  shall  prescribe  the  hours  when  their  respective 
courts  shall  open  for  the  transaction  of  business,  and  shall 
also  prescribe  reasonable  daily  office  hours  for  the  clerks  of 
their  respective  courts,  during  which  hours  the  offices  of 
such  clerks  shall  be  open.     Such  hours  shall  be  fixed  with 
reference  to  the  business  of  said  courts  and  the  convenience 
of  the  public  and  of  attorneys,  and  notice  thereof  shall  be 
posted  in  a  conspicuous  place  in  the  offices  of  the  respective 
clerks.     Clerks  shall  also  keep  their  offices  open  whenever 
the  court  so  orders. 

In  case  said  administrative  committee  and  the  justice  of 
any  district  court,  other  than  the  municipal  court  of  the  city 
of  Boston,  do  not  agree  upon  any  such  hour  or  hours,  said 
administrative  committee,  after  a  hearing,  due  notice  whereof 
shall  have  been  given,  may  by  its  order  establish  such  hour 
or  hours,  and  such  order  shall  be  binding  upon  said  court 
and  the  clerk  thereof  as  if  the  hour  or  hours  thereby  estab- 
lished had  been  originally  prescribed  by  the  justice  thereof 
with  the  approval  of  said  administrative  committee. 

Section  2.    This  act  shall  take  effect  on  September  first  '^^^^^^"'^ 
in  the  current  year.-  Approved  May  19,  1939. 


206 


Acts,  1939.  —  Chaps.  231,  232. 


Chap. 231  An  Act  extending  the  provisions  of  the  fair  trade 

LAW,    SO    CALLED,    TO    COMMODITIES    SOLD    FROM    CERTAIN 
VENDING   EQUIPMENT. 


G.  L.  (Ter. 
Ed.),  93. 
§  14A,  etc., 
amended. 


Sale  of 

commodities 

sold  from 

vending 

machines 

regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  fourteen  A  of  chapter  ninety-three  of  the  General 
Laws,  inserted  by  chapter  three  hundred  and  ninety-eight 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  hereby 
amended  by  inserting  after  the  word  "bears"  the  second 
time  it  appears  in  the  third  Hne  the  words :  —  ,  or  the  vend- 
ing equipment  from  which  said  commodity  is  sold  to  con- 
sumers bears,  —  so  as  to  read  as  follows:  —  Section  I4A. 
No  contract  relating  to  the  sale  or  resale  of  a  commodity 
which  bears,  or  the  label  or  container  of  which  bears,  or  the 
vending  equipment  from  which  said  commodity  is  sold  to 
consumers  bears,  the  trade  mark,  brand  or  name  of  the 
producer  or  owner  of  such  commodity  and  which  is  in  fair 
and  open  competition  with  commodities  of  the  same  gen- 
eral class  produced  by  others  shall  be  deemed  in  violation  of 
any  law  of  the  commonwealth  by  reason  of  any  of  the  fol- 
lowing provisions  which  may  be  contained  in  such  contract: 

(1)  That  the  buyer  will  not  resell  such  commodity  except 
at  the  price  stipulated  by  the  vendor. 

(2)  That  the  producer  or  vendee  of  a  commodity  require 
upon  the  sale  of  such  commodity  to  another,  that  such 
purchaser  agree  that  he  will  not,  in  turn,  resell  except  at 
the  price  stipulated  by  such  producer  or  vendee. 

Such  provisions  in  any  contract  shall  be  deemed  to  con- 
tain or  imply  conditions  that  such  commodity  may  be  resold 
without  reference  to  such  agreement  in  the  following  cases: 

(1)  In  closing  out  the  owner's  stock  for  the  purpose  of 
discontinuing  delivery  of  any  such  commodity;  provided, 
that  such  stock  is  first  offered  to  the  manufacturer  of  such 
stock  at  the  original  invoice  stock  price,  at  least  ten  days 
before  such  stock  shall  be  offered  for  sale  to  the  public. 

(2)  When  the  goods  are  damaged  or  deteriorated  in 
quality,  and  notice  is  given  to  the  public  thereof. 

(3)  By  any  officer  acting  under  the  orders  of  any  court. 

Approved  May  19,  1939. 


Chap, 


232  An  Act  providing  for  the  payment  by  the  common- 
wealth TO  ITS  municipalities  OF  A  PORTION  OF  THE 
HIGHWAY  FUND  TO  BE  EXPENDED  BY  THEM  FOR  LOCAL 
HIGHWAY   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

There  shall  be  paid,  without  further  appropriation,  from 
the  Highway  Fund  as  early  as  may  be  in  each  of  the 
years  nineteen  hundred  and  thirty-nine  and  nineteen  hun- 
dred and  forty  to  the  cities  and  towns  of  the  commonwealth 
the  sum  of  nine  million  six  hundred  thousand  dollars.  Pay- 
ments of  said  sums  to  each  city  and  town  shall  be  at  the 


Acts,  1939.  —  Chap.  233.  207 

rate  of  fifty  dollars  for  each  mile  of  public  ways  therein  other 
than  state  highways  and  roads  under  the  control  of  the 
metropolitan  district  commission,  and  the  balance  remain- 
ing after  payments  as  aforesaid  shall  be  paid  to  the  cities  and 
towns  in  proportion  to  the  amounts  for  which  they  were 
respectively  assessed  for  the  state  tax  of  the  year  nineteen 
hundred  and  thirty-eight.  Payments  to  a  city  or  town  here- 
under in  proportion  to  its  mileage  of  public  ways  shall  be 
based  on  the  mileage  certified  to  the  commissioner  of  cor- 
porations and  taxation  by  the  mayor  or  selectmen  thereof 
and  approved  by  the  state  department  of  public  works. 
The  sums  received  by  each  city  or  town  hereunder  shall  be 
expended  only  for  local  highway  purposes,  including  con- 
struction, reconstruction,  maintenance  and  repair  of  local 
roads,  streets  and  highways  other  than  state  highways,  and 
of  surface  drainage  works,  sidewalks,  curbings  and  bridges, 
removal  of  snow,  installation  and  maintenance  of  traffic 
lights,  signs  and  signals,  traffic  policing  and  maintenance  of 
street  lighting.  Cities  and  towns  in  the  metropolitan  parks 
district  may  apply,  to  the  extent  deemed  necessary,  sums 
received  hereunder  to  the  payment  of  their  respective 
assessments  in  the  year  of  receipt  for  the  construction  and 
maintenance  of  parkways  and  boulevards  under  the  juris- 
diction of  the  metropolitan  district  commission.  Said  sums 
received  by  each  city  or  town  hereunder  shall,  in  the  year 
of  receipt,  be  included  by  the  assessors  thereof  as  an  esti- 
mated receipt  and  deducted  from  the  amount  required  to 
be  raised  by  taxation  to  meet  appropriations  made  in  that 
year  for  highway  purposes.  Said  sums  may  be  expended  by 
a  city  or  town  for  the  purposes  aforesaid  in  addition  to 
federal  funds,  if  any,  allocated  to  such  city  or  town  and 
available   for  such   expenditure. 

Approved  May  19,  1939. 


An  Act  relative  to  the  terms  of  office  and  the  quali-  nhri^  o^S 

FICATIONS    OF   MEMBERS    OF   THE    PUBLIC   HEALTH    COUNCIL  ^' 

IN  THE  DEPARTMENT  OF  PUBLIC  HEALTH. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  seventeen  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  three,  as  appearing  ^mende^d.^  ^' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following: —  Section  3.    The  pubHc  health  council  shall  Public  health 
con.sist  of  the  commissioner,  ex  officio,  and  six  appointive  termretc. 
members,  of  whom  three  shall  be  physicians.     Upon  the 
expiration  of  the  term  of  office  of  an  appointive  member, 
his  successor  shall  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  for  a  term  of  six  years 


208 


Acts,  1939.  —  Chap.  234. 


Temporary- 
provisions. 


Act  not  to 
affect  certain 
members. 


and  until  the  qualification  of  his  successor.  The  council 
shall  meet  at  least  once  a  month,  and  at  such  other  times 
as  it  shall  determine  by  its  rules,  or  when  requested  by  the 
commissioner  or  any  four  members.  The  appointive  mem- 
bers shall  receive  ten  dollars  a  day  while  in  conference,  and 
their  necessary  travehng  expenses  while  in  the  performance 
of  their  official  duties. 

Section  2.  Of  the  successors  of  members  of  the  public 
health  council  whose  terms  have  expired  in  the  current  year, 
one  shall  be  appointed  to  serve  for  three  years,  and  one  for 
four  years,  from  May  first  in  said  year;  of  the  successors  of 
members  of  said  council  whose  terms  expire  in  the  year  nine- 
teen hundred  and  forty,  one  shall  be  appointed  for  a  term 
of  four  years  and  one  for  a  term  of  five  years;  and  of  the 
successors  of  members  of  said  council  whose  terms  expire 
in  the  year  nineteen  hundred  and  forty-one,  one  shall  be 
appointed  for  a  term  of  five  years  and  one  for  a  term  of  six 
years ;  and  every  member  of  said  council  appointed  here- 
under shall  serve  until  the  qualification  of  his  successor. 
The  provisions  of  this  section  shall  govern  notwithstanding 
the  provisions  of  section  one  of  this  act. 

Section  3.  Nothing  in  this  act  shall  be  deemed  to  affect 
the  terms  of  office  of  the  members  of  the  pubhc  health  coun- 
cil in  the  department  of  pubhc  health  in  office  upon  the 
effective  date  hereof,  and  such  members  shall  severally  con- 
tinue to  hold  office  in  said  council  as  if  this  act  had  not  been 
passed.  Approved  May  S2,  1939. 


Chav.234:  ^'^  ^^^  relative  to  the  distribution  of  a  manual  of 

HEALTH  LAWS  PUBLISHED  BY  THE  DEPARTMENT  OF  PUBLIC 


Emergency  Whereus,    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  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twenty-four,  as 
amended  by  chapter  three  hundred  and  sixty-five  of  the  acts 
of  nineteen  hundred  and  thirty-seven,  and  inserting  in  place 
thereof  the  following:  —  Section  2^.  The  said  department 
may  pubUsh  for  general  distribution  such  parts  of  its  peri- 
odic report  to  the  general  court  and  such  other  matter  as  it 
may  deem  adapted  to  promote  the  interests  of  the  pubhc 
health  in  the  commonwealth;  provided,  that  the  expense  of 
such  publication  is  paid  out  of  the  appropriation  for  the 
general  expenses  of  the  department.  The  department  shall 
also  pubhsh  every  five  years  for  distribution  among  boards 
of  health  and  other  health  agencies  a  manual  of  the  laws 
relating  to  boards  of  health  in  the  commonwealth,  together 
with  such  information  upon  the  same  subject  as  it  may  deem 


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


Publication  of 
information. 


Acts,  1939.  —  Chaps.  235,  236.  209 

expedient.     The  cost  of  such  publications  shall  be  paid  out 
of  the  appropriation  for  general  expenses  of  the  department. 

Approved  May  ££,  1939. 

An  Act  extending  the  requirement  of  hours  of  rest  Cha7).235 

FOR  employees  TO  MECHANICAL  ESTABLISHMENTS  AND 
WORKSHOPS,  EXTENDING  TO  CERTAIN  EMPLOYERS  THE 
REQUIREMENT  THAT  THEY  POST  SCHEDULES  OF  SUNDAY 
WORKERS,  AND  REPEALING  THE  REQUIREMENT  THAT  SUCH 
SCHEDULES  BE  FILED  WITH  THE  DEPARTMENT  OF  LABOR 
AND   INDUSTRIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  forty-nine  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  fttl 'amended^.* 
forty-eight,   as   most   recently   amended   by   chapter  three 
hundred  and  twenty  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  inserting  in  place  thereof  the  following:  — 
Section  48.    Every  employer  of  labor  engaged  in  carrying  on  One  day's 
any  manufacturing,  mechanical  or  mercantile  establishment  ggfg^' 
or  workshop  in  the  commonwealth  shall  allow  every  person, 
except  those  specified  in  section  fifty,  but  including  watch- 
men and  employees   maintaining  fires,   employed  in  such 
manufacturing,  mechanical  or  mercantile  estabhshment  or 
workshop  at  least  twenty-four  consecutive  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  days.     No  employer 
shall  operate  any  such  manufacturing,  mechanical  or  mer- 
cantile establishment  or  workshop  on  Sunday  unless  he  has 
complied  with  section  fifty-one.    Whoever  violates  this  sec- 
tion shall  be  punished  by  a  fine  of  fifty  dollars. 

Section  2.     Said  chapter  one  hundred  and  forty-nine  is  g.  l.  (Ter.  ^ 
hereby  further  amended  by  striking  out  section  fiftj^-one,  as  Amended.'  ^  ^^' 
appearing  in  the   Tercentenary  Edition,   and  inserting  in 
place  thereof  the  following:  —  Section  51.    Before  operating  List  of  persons 
on  Sunday,  every  employer  subject  to  section  forty-eight  or  Sunday^  °° 
fifty  A  shall  post  in  a  conspicuous  place  on  the  premises  a 
schedule  containing  a  list  of  his  employees  who  are  required 
or  allowed  to  work  on  Sunday,  and  designating  the  day  of 
rest  for  each.    No  employee  shall  be  required  or  allowed  to 
work  on  the  day  of  rest  designated  for  him. 

Approved  May  22,  1939. 

An  Act  relating  to  the  granting  of  annuities  by  cer-  Chav  236 

TAIN    fraternal   BENEFIT   SOCIETIES. 


it  enacted,  etc.,  as  follows: 
Section  1.    Chapter  one  hundred  and  seventy-six  of  the  g.  l.  (Ter. 

-  -  -  -^  Ed.),  176, 

new  section 


General  Laws  is  hereby  amended  by  inserting  after  section  ^''^'^'  ^~^' 


nineteen,  as  appearing  in  the  Tercentenary  Edition,  the  fol-  ^^^'  inserted. 
lowing  new  section:  —  Section  19 A.    Any  society  operating  Annuity 

payments  by 


210 


Acts,  1939.  —  Chap.  237. 


fraternal 

benefit 

societies. 


G.  L.  (Ter. 
Ed.),  176,  §21, 
etc.,  amended. 


on  the  lodge  system  which  provides  for  stated  periodic  con- 
tributions of  its  members  based  upon  a  table  of  mortality 
not  lower  than  the  National  Fraternal  Congress  Table  of 
Mortality,  as  adopted  by  the  National  Fraternal  Congress 
on  August  twenty-third,  eighteen  hundred  and  ninety-nine, 
and  four  per  cent  interest,  may  provide  that  the  amount  of 
the  death  benefit  payable  by  it  shall  be  payable  as  an  an- 
nuity. The  annuity  payments  hereunder  shall  be  based 
upon  a  table  not  lower  than  "McCHntock's  Tables  of  Mor- 
tality among  Annuitants",  or  on  such  higher  table  as  the 
commissioner  may  from  time  to  time  prescribe,  with  interest 
at  not  more  than  four  per  cent  per  annum.  In  no  case  shall 
the  amount  payable  to  the  beneficiary  or  to  the  beneficiary's 
estate  be  less  than  the  amount  of  the  death  benefit  specified 
in  the  certificate  issued  to  the  member. 

Section  2.  Section  twenty-one  of  said  chapter  one  hun- 
dred and  seventy-six,  as  most  recently  amended  by  chapter 
seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  inserting  after  the  word 
"death"  in  the  second  and  fourteenth  lines  the  words:  —  or 
annuity,  —  so  as  to  read  as  follows :  —  Section  21 .  Death 
or  annuity  benefits  shall  be  payable  to  any  beneficiary  desig- 
nated by  the  member;  provided,  that  the  society  may  by 
its  by-laws  make  restrictions  as  to  who  may  be  beneficiaries. 
Each  member  shall  have  the  right  to  change  his  beneficiary 
from  time  to  time  in  accordance  with  the  by-laws  of  the 
society;  and  no  beneficiary  shall  have  or  obtain  any  vested 
interest  in  said  benefits  until  the  same  have  become  due  and 
payable  upon  the  death  of  the  member.  No  contract  under 
this  chapter,  except  where  an  incorporated  charitable  insti- 
tution or  home  is  made  a  beneficiary  in  accordance  with  the 
by-laws  of  the  society,  shall  be  valid  which  shall  be  condi- 
tioned upon  an  agreement  or  understanding  that  the  person 
to  whom  the  death  or  annuity  benefit  is  made  payable  shall 
pay  the  periodic  or  other  contributions  of  the  member. 

Approved  May  22,  1939. 


Chap. 237  An  Act  relative  to  the  pensioning  of  certain  members 
OF  the  fire  department  of  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  forty-seven  of 
the  acts  of  eighteen  hundred  and  ninety-two  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following :  —  Section  1 .  The  fire  commissioner 
of  the  city  of  Boston,  with  the  approval  of  the  mayor,  shall 
have  power  to  retire  from  office  in  the  fire  department  any 
member  thereof  who  has  become  disabled  while  in  the 
actual  performance  of  duty,  or  any  member  who  has  per- 
formed faithful  service  in  the  department  for  a  period  of  not 
less  than  fifteen  consecutive  years,  and  shall  in  such  case 
place  the  member  so  retired  upon  the  pension  roll.     Any 


Acts,  1939. —Chap.  238.  211 

member  may  be  placed  on  the  pension  roll  when  it  shall  be 
certified  to  the  commissioner  by  the  medical  board  estab- 
lished by  section  eighteen  of  chapter  five  hundred  and 
twenty-one  of  the  acts  of  nineteen  hundred  and  twenty-two 
that  such  member  is  permanently  incapacitated,  either  men- 
tally or  physically,  from  performing  his  duties  as  a  member 
of  the  department.  If  the  said  medical  board  certifies  that 
the  member  is  totally  and  permanently  incapacitated  for 
further  performance  of  duty  as  a  member  of  the  department 
as  the  natural  and  proximate  result  of  an  accident  or  of 
undergoing  a  hazard  peculiar  to  his  employment  in  the  per- 
formance and  within  the  scope  of  his  duty,  without  contribu- 
tory negligence  on  his  part,  the  amount  of  his  annual  pen- 
sion shall  be  two  thirds  of  the  annual  compensation  allowed 
to  men  of  the  grade  in  which  such  member  served.  The 
pension  of  members  of  the  permanent  force  who  are  other- 
wise disabled  or  who  have  served  fifteen  years  shall  be  an 
amount  not  exceeding  one  half  the  annual  salary  or  compen- 
sation of  the  office  from  which  said  members  are  retired. 

Section  2.  Section  one  of  this  act  shall  not  apply  to  mem- 
bers of  the  fire  department  of  the  city  of  Boston  who  are 
members  of  the  Boston  retirement  system  established  by 
chapter  five  hundred  and  twenty-one  of  the  acts  of  nineteen 
hundred  and  twenty-two. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  city  council  of  the  city  of  Boston,  subject 
to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  May  22,  1939. 

An  Act  abolishing  the  commissionership  and  associate  C hap. 2SS 

COMMISSIONERSHIPS  IN  THE  DIVISION  OF  CIVIL  SERVICE, 
PLACING  SAID  DIVISION  UNDER  THE  SUPERVISION  AND 
CONTROL  OF  A  DIRECTOR  AND  A  COMMISSION,  AND  FURTHER 
DEFINING  THE  POWERS  AND  DUTIES  OF  SAID  DIVISION,  ITS 
OFFICERS   AND    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Chapter  thirteen  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  one,  as  appearing  in  amende\^  ^' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  1.    There  shall  be  a  department  of  civil  o/|epaTtm°ent 
service  and  registration,  which  shall  consist  of  a  division  of 
civil  service  and  a  division  of  registration.    The  civil  service 
commission  and  the  director  of  registration  shall  act  as  a 
board  in  all  matters  affecting  the  department  as  a  whole. 

Section    2.      Said    chapter   thirteen    is   hereby    further  g.  l.  (Ter. 
amended  by  striking  out  section  two,  as  so  appearing,  and  amende^d.^  ^' 
inserting  in  place  thereof  the  following :  —  Section  2.     The  Commission. 
division  of  civil  service  shall  be  under  the  supervision  and 
control  of  a  director  of  civil  service,  who  shall  be  the  execu- 
tive and  administrative  head  of  the  division,  and  a  commis- 
sion, to  be  known  as  the  civil  service  commission,  consisting 
of  five  members. 


212 


Acts,  1939.  —  Chap.  238. 


G.  L.  (Ter. 
Ed.),  13,  new 
section  2A, 
inserted. 

Commissioners 
of  the  civil 
service  com- 
mission, term, 
compensation. 


The  director  of  civil  service  shall  be  appointed  by  the 
commission.  He  shall  be  a  person  familiar  with  the  prin- 
ciples and  experienced  in  the  methods  and  practice  of  per- 
sonnel administration.  The  term  of  office  of  said  director 
shall  be  five  years,  except  that  he  may  be  removed,  upon 
charges  after  a  public  hearing,  by  a  four  fifths  vote  of  the 
whole  commission  for  proper  cause  or  for  substantial  failure 
to  administer  the  division  in  such  a  way  as  to  develop  a 
career  service  based  on  merit.  In  addition  to  the  duties 
imposed  upon  him  by  this  chapter  and  chapter  thirty-one, 
he  shall,  at  the  request  of  the  commission,  attend  any  or  all 
of  its  meetings,  but  shall  have  no  vote.  The  said  director 
shall  receive  such  salary,  not  exceeding  sixty-five  hundred 
dollars,  as  the  governor  and  council  may  determine. 

In  the  event  of  a  vacancy  in  the  office  of  director,  the 
commission  may  appoint  an  acting  director  for  not  more 
than  six  months. 

The  commission  may  in  its  discretion  restrict  appoint- 
ments to  said  office  of  director  to  persons  passing  a  com- 
petitive examination,  in  which  case  examinations  shall  be 
conducted  and  appointments  made  in  accordance  with  the 
following  requirements.  The  commission  shall  appoint  an 
examining  committee  of  three  persons  to  examine  the  quali- 
fications of  all  persons  applying  for  appointment  to  the  office. 
The  members  of  the  examining  committee  shall  be  chosen 
from  among  the  most  competent  examiners  or  adminis- 
trators available  in  the  field  of  public  personnel  adminis- 
tration. Such  examining  committee  shall  be  paid  its  neces- 
sary traveling  expenses,  and  such  fees  as  may  be  determined 
by  the  commission.  It  shall  determine  its  own  examining 
procedure  and  requirements.  The  vacancy  shall  be  adver- 
tised publicly  and  a  reasonable  time  provided  for  the  filing 
of  applications.  As  soon  as  practicable  after  the  completion 
of  the  examinations,  the  examining  committee  shall  certify 
to  the  commission  the  names  of  three  persons  found  by  it  to 
possess  in  the  greatest  degree  the  necessary  qualifications 
for  the  office  of  director.  The  commission  shall  then  appoint 
to  said  office  one  of  the  persons  so  certified.  Said  office 
shall  not  be  subject  to  the  provisions  of  chapter  thirty-one'. 
Appointment  of  any  person  as  director,  other  than  one  who 
has  passed  an  examination  and  has  been  certified  to  the 
commission  as  aforesaid,  shall  be  by  the  affirmative  vote 
of  not  less  than  four  members  of  the  commission.  The 
decision  of  the  commission  to  restrict  an  appointment  of 
such  director  to  persons  examined  and  certified  as  aforesaid 
shall  be  advertised  publicly  and  shall  be  irrevocable  upon 
such  publication. 

Section  3.  Said  chapter  thirteen  is  hereby  further 
amended  by  inserting  after  section  two,  as  so  appearing, 
the  following  new  section :  —  Section  2 A .  Upon  the  expira- 
tion of  the  term  of  office  of  a  commissioner  of  the  civil 
service  commission,  his  successor  shall  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  for 


Acts,  1939.  —  Chap.  238.  213 

five  years.  The  governor  shall  designate  one  of  the  mem- 
bers as  chairman.  Not  more  than  three  members  of  said 
commission  shall  be  members  of  the  same  political  party. 
Each  commissioner  shall  receive  fifteen  dollars  a  day  while 
attending  meetings  of  the  commission,  but  not  more  than 
twelve  hundred  dollars  shall  be  paid  to  any  commissioner 
in  any  calendar  year.  The  commissioners  shall  receive  their 
traveling  and  other  necessary  expenses  incurred  in  attending 
such  meetings. 

Section  4.     Said    chapter    thirteen    is    hereby    further  g.  l.  (Xer. 
amended  by  striking  out  section  three,  as  most  recently  ^ttjamm^ded. 
amended  by  section  three  of  chapter  one  hundred  and  eighty 
of  the  acts  of  nineteen  hundred  and  thirty-two,  and  inserting 
in  place  thereof  the  following :  —  Section  3.     The  director  of  Employees. 
civil  service  may  appoint  and  remove,  in  accordance  with 
chapter  thirty-one,  such  officers  and  employees  as  the  work 
of  the  division  of  civil  service  may  require.     He  may  or- 
ganize the  division  into  sub-divisions  and  assign  officers  and 
employees  of  the  division  thereto.    He  may  expend  for  the 
compensation  of  officers  and  employees  so  appointed,  and  for 
the  necessary  traveling  and  other  expenses  for  himself,  the 
commissioners  and  emploj^ees  of  the  division  whose  duties 
require  them  to  travel,  such  amounts  as  are  appropriated 
therefor. 

Section  5.     Said    chapter    thirteen    is    hereby    further  g.  l.  (Ter. 
amended  by  striking  out  section  four,  as  appearing  in  the  amended.^  *' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  J). -     Meetings  of  the  commission  shall  Meetings  of 
be  held  at  least  once  a  month  at  such  times  as  it  may  by  *'°'"™*^'°"- 
rule  determine,  and  when  requested  by  any  member  thereof 
or  by  the  director  of  civil  service. 

Section  6.     Said    chapter    thirteen    is    herebj'-    further  g.  l.  (Ter. 
amended  by  striking  out  section  five,  as  so  appearing,  and  amemL^d.^  ^' 
inserting  in  place  thereof  the  following:  —  Sections.     Said  certain  powers 
commission,  any  member  thereof,  or  the  director  of  civil  of  commission 

.  ai    •    ^  1  rxij-'     and  director. 

service,  may  require  anj^  official  or  employee  of  the  divi- 
sion of  civil  service  to  give  full  information,  and  produce  all 
papers  and  records,  relating  to  any  official  act  performed  by 
him. 

Section  7.     Said    chapter    thirteen    is    hereby    further  g.  l.  (Ter. 
amended  by  striking  out  section  six,  as  so  appearing,  and  amended.^  ^' 
inserting  in  place  thereof  the  following:  —  Section  6.     The  Examiners. 
director  of  civil  service  may  designate  persons  outside  of  or 
in  the  official  service  of  the  commonwealth,  or  of  any  city 
or  town  where  chapter  thirty-one  is  in  force,  who  shall,  with 
the  consent  of  the  head  of  the  department  or  office  in  which 
any  such  person  in  such  official  service  serves,  act  as  exam- 
iners of  applicants  for  any  public  employment  and  perform 
such  other  duties  as  may  be  required  by  said  director,  but 
no  person  elected  by  popular  vote  to  public  office  shall  serve 
as  aforesaid,  nor  shall  any  person  so  serve  when  any  relative 
or  connection  by  marriage,  within  the  degree  of  first  cousin, 
is  an  applicant. 


214 


Acts,  1939. —Chap.  238. 


G.  L.  (Ter. 
Ed.),  13,  §  32, 
etc.,  amended. 

State  exam- 
iners of 
electricians. 


G.  L.  (Ter. 
Ed.),  31,  § 
amended. 


G.  L.  (Ter. 

Ed.),  31.  §  2 
amended. 

Certain 
duties  of 
commission. 


G.  L.  (Ter. 
Ed.),  31,  new 
section  2A, 
inserted. 

General 
duties  of 
director. 


Section  8.  Section  thirty-two  of  said  chapter  thirteen, 
as  most  recently  amended  by  section  one  of  chapter  four 
hundred  and  twenty  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  further  amended  by  striking  out,  in  the 
third  hne,  the  word  "commissioner"  and  inserting  in  place 
thereof  the  word :  —  director. 

Section  9.  Section  one  of  chapter  thirty-one  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out  the  definitions  contained  in 
the  fourth  to  the  eighth  lines,  inclusive,  and  inserting  in  place 
thereof  the  following :  — 

''Commission",  the  civil  service  commission; 

"Commissioner",  a  commissioner  of  the  civil  service 
commission; 

"Director",  the  director  of  civil  service; 

"Division",  the  division  of  civil  service  of  the  department 
of  civil  service  and  registration; 

"Town"  shall  not  include  city. 

Section  10.  Said  chapter  thirty-one  is  hereby  amended 
by  striking  out  section  two,  as  so  appearing,  and  inserting 
in  place  thereof  the  following :  —  Section  2.  In  addition  to 
other  duties  imposed  by  this  chapter  and  chapter  thirteen, 
the  commission  shall  — 

(a)  Make  investigations  at  its  own  discretion,  or  whenever 
requested  in  writing  by  the  governor,  the  council,  the  general 
court  or  either  branch  thereof,  the  director,  an  aggrieved 
person,  or  by  ten  registered  voters; 

(6)  Hear  and  decide  all  appeals  from  any  decision  of  the 
director  upon  application  of  a  person  aggrieved  by  such 
decision.  Any  appeals  from  a  decision  determining  the  re- 
sults of  an  examination  shall  be  in  writing  on  forms  approved 
by  the  commission  and  shall  contain  a  brief  statement  of  the 
facts  upon  which  such  appeal  is  based;  provided,  that  no 
decision  of  the  director  shall  be  reversed  unless  the  com- 
mission finds  that  it  was  made  through  error,  fraud  or  mis- 
take or  in  bad  faith  and  in  each  case  of  a  reversal  of  a  deci- 
sion the  specific  reasons  therefor  shall  be  stated  in  the  records 
of  the  proceedings  of  the  commission; 

(c)  Receive,  review,  and  transmit  to  the  governor  the 
annual  report  of  the  director.  The  report  of  the  director 
may  be  supplemented  by  any  additional  comment,  criticism 
or  suggestion  for  the  more  effectual  accomplishment  of  the 
purposes  of  this  chapter  which  the  commission  may  care  to 
submit; 

(d)  Keep  full  and  complete  minutes  of  its  proceedings 
which  shall,  subject  to  reasonable  regulations,  be  open  to 
public  inspection. 

Section  11.  Said  chapter  thirty-one  is  hereby  further 
amended  by  inserting  after  section  two,  as  so  appearing,  the 
following  new  section:  —  Section  2 A.  In  addition  to  other 
duties  imposed  by  this  chapter  and  chapter  thirteen,  the 
director  shall  — 


Acts,  1939.  —  Chap.  238.  215 

(a)  Administer  all  laws,  rules  and  regulations  relating 
to  the  enforcement  of  the  civil  service  law  as  applied  in  the 
commonwealth  ; 

(b)  Establish  classification  plans  for  all  cities  and  towns 
subject  to  the  provisions  of  this  chapter; 

(c)  Determine  and  pass  upon  the  qualifications  of  appli- 
cants; and  hold  examinations  for  the  purpose  of  establishing 
eligible  Usts  of  persons  for  appointment  to  the  classified 
service  of  the  commonwealth  and  all  cities  and  towns  subject 
to  the  provisions  of  this  chapter; 

(d)  Establish  such  standards  of  physical  quahfications  and 
requirements  for  the  several  offices  and  positions  in  the  classi- 
fied civil  service  as  he  may  determine  to  be  necessary,  which 
standards  shall  not  be  waived  or  dispensed  with  in  the  case 
of  any  appHcant; 

(e)  Establish  ehgible  lists  and  certify  the  names  of  persons 
eligible  for  public  positions  and  employments  upon  the 
requisition  of  the  proper  appointing  authority  of  the  com- 
monwealth or  of  any  city  or  town  subject  to  the  provisions  of 
this  chapter; 

(/)  Keep  complete  and  accurate  records  of  all  examina- 
tions held  and  of  all  eligible  lists  established  and  of  all  per- 
sons certified  for  appointment,  and  of  all  provisional  and 
temporary  appointments  made  to  public  positions  and  em- 
ployments in  the  classified  service; 

(g)  Examine  or  direct  the  examination  of  all  pay  rolls, 
bills  and  accounts  for  the  payment  of  salaries  and  compen- 
sation of  persons  holding  offices  or  positions  in  the  classified 
service,  and  make  any  investigation  regarding  the  same  as 
he  may  deem  necessary; 

(h)  On  the  tenth  day  of  each  month  make  a  report  to  the 
commission  containing  complete  information  as  to  the  divi- 
sion's activities  during  the  preceding  month,  including  data 
on  examinations,  a  complete  list  of  non-competitive  appoint- 
ments, if  any,  with  reasons  therefor  and  a  list  of  provisional 
appointments  made.  Such  report  shall  be  a  public  record, 
and  copies  of  it  shall  be  furnished  to  the  governor  and  council 
and  to  the  state  library.  On  or  before  December  first  of  each 
year  the  director  shall  also  make  a  report  to  the  commission 
concerning  the  work  of  the  division,  including  recommenda- 
tions, if  any,  which  report  shall  be  forthwith  transmitted  to 
the  governor  and  shall  be  a  public  record,  and  from  time  to 
time  the  director  shall  recommend  to  the  commission  pro- 
posals for  and  drafts  of  rules  and  regulations  prescribed  by 
section  three. 

Section  12.    Section  three  of  said  chapter  thirty-one,  as  g  l.  (Ter.^ 
amended  by  chapter  two  hundred  and  twenty-three  of  the  etc.! 'amended. 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further  Rules. 
amended  by  striking  out,  in  the  first,  twentj^-fourth,  twenty- 
eighth  and  twenty-ninth  fines,  respectively,  as  appearing  in 
the  Tercentenary  Edition,  the  word  "board"  and  inserting 
in  place  thereof  in  each  instance  the  word :  —  commission. 


216 


Acts,  1939.  —  Chap.  238. 


G.  L.  (Ter. 
Ed.),  31,  §4, 
etc.,  amended. 

Positions  under 
ci\dl  service. 


G.  L.  (Ter. 
Ed.).  31,  §  5, 
etc.,  amended. 

Positions  not 
under  civil 
service. 


G.  L.  (Ter. 
Ed.),  31,  §  6, 
etc.,  amended. 

Certifications. 


G.  L.  (Ter. 
Ed.),  31,  §  S, 
amended. 

Examinations, 
notice  of. 

G.  L.  (Ter. 
Ed.),  31,  §  10, 
amended. 

Scope  of 
examinations. 


G.  L.  (Ter. 
Ed.),  31,  §  12, 
amended* 

Lists  of 
eligibles. 


G.  L.  (Ter. 
Ed.),  31,  §  13A, 
amended. 

Promotions  in 
police  and  fire 
departments. 


Section  13.  Section  four  of  said  chapter  thirty-one,  as 
most  recently  amended  by  chapter  seventy-two  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  striking  out,  in  the  second  Hne,  as  appearing  in 
the  Tercentenary  Edition,  the  word  "board"  and  inserting 
in  place  thereof  the  word :  —  commission. 

Section  14.  Section  five  of  said  chapter  thirty-one,  as 
most  recently  amended  by  section  three  of  chapter  two  hun- 
dred and  forty-four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the 
second  line,  the  word  "board"  and  inserting  in  place  thereof 
the  word :  —  commission. 

Section  15.  Section  six  of  said  chapter  thirty-one,  as 
most  recently  amended  by  chapter  two  hundred  and  sixty 
of  the  acts  of  nineteen  hundred  and  thirty-two,  is  hereby 
further  amended  by  striking  out,  in  the  sentence  inserted  by 
said  chapter  two  hundred  and  sixty,  the  word  "commis- 
sioner" and  inserting  in  place  thereof  the  word:  —  director. 

Section  16.  Section  eight  of  said  chapter  thirty-one,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  first  line,  the  word  "commissioner" 
and  inserting  in  place  thereof  the  word :  —  director. 

Section  17.  Said  chapter  thirty-one  is  hereby  further 
amended  by  striking  out  section  ten,  as  so  appearing,  and 
inserting  in  place  thereof  the  following:  —  Section  10.  No 
question  in  any  examination  or  application  shall  relate  to 
political  or  religious  opinions  or  affiliations,  and  no  appoint- 
ment to  a  position  or  selection  for  employment  shall  be 
affected  by  them.  Examinations  shall  be  conducted  under 
the  direction  of  the  director,  who  shall  determine  the  form, 
method  and  subject  matter  thereof;  provided,  that  they 
shall  relate  to  matters  which  will  fairly  test  the  fitness  of 
the  applicants  actually  to  perform  the  duties  of  the  posi- 
tions for  which  they  apply.  All  answers  of  applicants  to 
questions  in  examinations  relating  to  education,  training 
and  experience  shall  be  made  under  the  penalties  of  perjury. 
The  director  shall  determine  the  scope  and  weight  of  exami- 
nations. No  person  shall  have  his  name  certified  for  any 
public  position  or  employment  in  the  classified  civil  service 
unless  he  shall  have  established  his  merit  in  a  competitive 
examination  as  provided  in  this  chapter. 

Section  18.  Section  twelve  of  said  chapter  thirty-one, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
third  and  in  the  fourth  lines,  the  word  "commissioner"  and 
inserting  in  place  thereof,  in  each  instance,  the  word :  — 
director,  —  and  by  striking  out,  in  the  fourth  line,  the  word 
"board"  and  inserting  in  place  thereof  the  word:  —  com- 
mission. 

Section  19.  Section  thirteen  A  of  said  chapter  thirty- 
one,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  the  fourth  and  fifth  lines,  re- 
spectively, the  word  "commission"  and  inserting  in  place 
thereof,  in  each  instance,  the  word :  —  director. 


Acts,  1939.  —  Chap.  238.  217 

Section  20.    Section  fourteen  of  said  chapter  thirty-one,  g.  l.  (Xer. 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the  ameAded.^  ^^' 
fifth  line,  the  word  "board"  and  inserting  in  place  thereof  Labor  service, 
the  word :  —  director. 

Section  21.     Said  chapter  thirty-one  is  hereby  amended  E^^)'J^^«-ig 
by  striking  out  section  fifteen,  as  so  appearing,  and  insert-  amended. 
ing  in  place  thereof  the  following:  —  Section  15.     No  person  Appointments, 
shall  be  appointed  to  any  position  in  the  classified  civil  service  certification, 
except  upon  certification  by  the  director  from  an  ehgible  list 
in  accordance  with  the  rules  of  the  commission;  but  if  there 
is  no  suitable  eHgible  list,  or  if  the  director  is  unable  to  comply 
with  a  requisition  in  accordance  with  said  rules,  the  director, 
subject  to  section  twenty-five,  may  authorize  a  provisional 
appointment,  such  provisional  appointment  to  be  subject 
to  the  rules  of  the  commission.     Within  five  days  after  the 
certification  of  persons  for  appointment  or  employment  the 
director  shall  make  a  record  of  the  persons  so  certified.     If 
the  appointing  officer  rejects  all  the  persons  certified  he  shall 
so  notify  the  director. 

Section  22.     Section  seventeen  of  said  chapter  thirty-  g.  l.  (Ter. 
one,  as  most  recently  amended  by  chapter  seventy-six  of  the  ^tt! 'amended. 
acts  of  the  current  year,  is  hereby  further  amended  by  strik-  pg^gon 
ing  out,  in  the  tenth  line,  the  word  "commissioner"  and  ineligible. 
inserting  in  place  thereof  the  word :  —  director. 

Section  23.     Section  eighteen  of  said  chapter  thirty-one,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amgnlg^  ^  ^^' 
by  striking  out,  in  the  third  fine,  the  word  "commissioner"  director 
and  inserting  in  place  thereof  the  word :  —  director. 

Section  24.     Section  nineteen  A  of  chapter  thirty-one,  g.  l.  (Ter. 
inserted  by  chapter  one  hundred  and  forty-six  of  the  acts  of  ^tc'.!'amenVed^' 
nineteen  hundred  and  thirty-two,  is  hereby  amended  by  commission, 
striking  out,  in  the  sixth  line,  the  word  "commissioner"  and 
inserting  in  place  thereof  the  word :  —  director,  —  and  by 
striking  out,  in  the  eighth  line,  the  word  "board"  and  in- 
serting in  place  thereof  the  word:  —  commission. 

Section  25.     Section  twenty  of  said  chapter  thirty-one,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended.^  ^°' 
by  striking  out,  in  the  fifth  fine,  the  word  "board"  and  Appointments. 
inserting  in  place  thereof  the  word :  —  commission. 

Section  26.     Section  twenty  A  of  said  chapter  thirty-one,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amendid.^  ^^^' 
by  striking  out,  in  the  fourth  line,  the  word  "commissioner"  s^me subject. 
and  inserting  in  place  thereof  the  word :  —  director,  —  and 
by  striking  out,  in  the  fifth  line,  the  word  "board"  and 
inserting  in  place  thereof  the  word :  —  commission. 

Section  27.     Section  twenty  B  of  said  chapter  thirty-one,  g.  l.  (Ter. 
inserted  by  section  three  of  chapter  four  hundred  and  sixteen  ^tc'.! 'amended^' 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  Director, 
amended   by  striking   out,   in   the   fourth   line,   the    word  commission. 
"commissioner"     and     inserting     in     place     thereof     the 
word :  —  director,  —  and  by  striking  out,  in  the  sixth  fine, 
the  word  "board"  and  inserting  in  place  thereof  the  word:  — 
commission. 


218 


Acts,  1939. —Chap.  238. 


G.  L.  (Ter. 
Ed.).  31,  §  21, 
etc.,  amended. 

Veteran 
defined. 


G.  L.  (Ter. 
Ed.),  31,  §  22, 
amended. 

Employment. 


G.  L.  (Ter. 
Ed.),  31,  §  23, 
amended. 


G.  L.  (Ter. 
Ed.),  31,  §  24, 
amended. 

Veterans  in 
labor  service. 

G.  L.  (Ter. 
Ed.),  31,  §  25, 
amended. 

Provisional 
appointments. 


G.  L.  (Ter. 
Ed.),  31,  §  29, 
amended. 


G.  L.  (Ter. 
Ed.),  31.  §  30, 
amended. 


Reports 


G.  L.  (Ter. 
Ed.),  31,  §  31, 
amended. 


G.  L.  (Ter. 
Ed.),  31,  §  .32, 
amended. 


G.  L.  (Ter. 
Ed.),  31,  §  33, 
amended. 


Investigati 


Section  28.  Section  twenty-one  of  said  chapter  thirty- 
one,  as  most  recently  amended  by  chapter  one  hundred  and 
thirty-seven  of  the  acts  of  nineteen  hundred  and  thirty-three, 
is  hereby  further  amended  by  striking  out,  in  the  twenty- 
second  Hne,  the  word  "commissioner"  and  inserting  in  place 
thereof  the  word :  —  director. 

Section  29.  Section  twenty-two  of  said  chapter  thirty- 
one,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  the  third  line,  the  word  "com- 
missioner "  and  inserting  in  place  thereof  the  word :  —  director. 

Section  30.  Section  twenty-three  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out, 
in  the  sixth  and  twenty-third  hnes,  respectively,  the  word 
"board"  and  inserting  in  place  thereof,  in  each  instance, 
the  word :  —  director,  —  and  by  striking  out,  in  the  eighth  and 
twenty-fifth  lines,  respectively,  the  word  "commissioner" 
and  inserting  in  place  thereof,  in  each  instance,  the  word :  — 
director. 

Section  31.  Section  twenty-four  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  ninth  hne,  the  word  "commissioner"  and  inserting  in 
place  thereof  the  word :  —  director. 

Section  32.  Section  twenty-five  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  second  and  in  the  eighth  and  ninth  lines,  respectively, 
the  word  "commissioner"  and  inserting  in  place  thereof,  in 
each  instance,  the  word :  —  director. 

Section  33.  Section  twenty-nine  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  first  line,  the  word  "board"  and  inserting  in  place  thereof 
the  word:  —  commission,  —  and  by  striking  out,  in  the  sec- 
ond hne,  the  word  "commissioner"  and  inserting  in  place 
thereof  the  word :  —  director. 

Section  34.  Section  thirty  of  said  chapter  thirty-one,  as 
so  appearing,  is  hereby  amended  by  striking  out,  in  the  first 
line,  the  word  "commissioner"  and  inserting  in  place  thereof 
the  word :  —  commission. 

Section  35.  Section  thirty-one  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  fourth,  fifth,  twenty-first  and  twenty-fifth  lines,  respec- 
tively, the  word  "commissioner"  and  inserting  in  place 
thereof,  in  each  instance,  the  word :  —  director. 

Section  36.  Section  thirty-two  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  first  and  second  lines,  the  words  "commissioner,  or  an 
associate  commissioner"  and  inserting  in  place  thereof  the 
words:  —  director,  or  a  member  of  the  commission. 

Section  37.  Section  thirty-three  of  said  chapter  thirty- 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  second  and  third  lines,  respectively,  the  word  "commis- 
sioner" and  inserting  in  place  thereof,  in  each  instance,  the 
word:  —  director. 


Acts,  1939. —Chap.  238.  219 

Section  38.     Section  thirty-four  of  said  chapter  ^Mrty- aL.^xer.^^ 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amended, 
the  first  line,  the  word  "commissioner"  and  inserting  in  same  subject. 
place  thereof  the  word :  —  director, 

Sectiox  39.     Section  thirty-sLx  of  said  chapter  thirty-  aLjTen  ^ 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  ameAded. 
the  third  line,  the  word  "commissioner"  and  inserting  in  Aliens. 
place  thereof  the  word :  —  director. 

Section  40.    Section  thirty-seven  of  said  chapter  thirty-  ^^^^^^^37 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amended. 
the  third  Hne,  the  word  "commissioner"  and  inserting  in  Dismissal 
place  thereof  the  word :  —  director.  °^  ^^'''^• 

Section  41.    Section  thirty-eight  of  said  chapter  thirty-  g^^-^^^^gg 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amended. 
the  first  and  third  lines,  respectively,  the  word  "commis-  Enforcement  of 
sioner"  and  inserting  in  place  thereof,  in  each  instance,  the  law  and  rules. 
word:  —  director,  —  and  by  striking  out,  in  the  third  line, 
the  word  "board"  and  inserting  in  place  thereof  the  word: 
—  commission. 

Section  42.     Section  thirty-nine  of  said  chapter  thirty-  g.  l.  (Ter. 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amended. 
the  first  and  third  lines,  respectively,  the  word  "commis-  Mandamus, 
sioner"  and  inserting  in  place  thereof,  in  each  instance,  the 
word:  —  director. 

Section  43.    Section  forty  of  said  chapter  thirty-one,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  striking  out,  in  the  amend^id.  ^°' 
fourth  line,  the  word  "commissioner"  and  inserting  in  place  Foreman. 
thereof  the  word :  —  director. 

Section  44.    Section  forty-two  of  said  chapter  thirty-one,  gj^y^^l^-' 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the  ameAded. 
fifth,  seventh,  ninth  and  sixteenth  fines,  respectively,  the  certain  em- 
word  "commissioner"  and  inserting  in  place  thereof,  in  each  fn°tSoM.*^*^ 
instance,  the  word:  —  director,  —  and  by  striking  out,  in 
the  tenth  line,  the  word  "board"  and  inserting  in  place 
thereof  the  word:  —  commission. 

Section  45.     Section  forty-six  B  of  said  chapter  thirty-  g^^J^^F^gg 
one,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amended. 
the  fourth  line,  the  word  "commissioner"  and  inserting  in  Notices. 
place  thereof  the  word: —  director. 

Section  46.     Section  forty-six  C  of  said  chapter  thirty-  gj^g^^l^ec, 
one,  as  most  recently  amended  by  section  one  of  chapter  two  etc.,  amended. ' 
hundred  and  ninety-seven  of  the  acts  of  nineteen  hundred  and  Reinstate- 
thirty-eight,  is  hereby  further  amended  by  striking  out,  in  °''"''^^- 
the  sixth  and  seventh  lines,  respectively,  the  word  "commis- 
sioner" and  inserting  in  place  thereof,  in  each  instance,  the 
word :  —  director. 

Section  47.     The  last  paragraph  of  section  forty-six  E  ^a.^;  3?[^§"46e, 
of  said  chapter  thirty-one,  inserted  by  chapter  two  hundred  etc., 'amended. ' 
and  ninety-seven  of  the  acts  of  nineteen  hundred  and  thirty-  i-eave  of 
six,  is  hereby  amended  by  striking  out,  in  the  seventh  line,  ^^*^°'^^- 
the  word  "commissioner"  and  inserting  in  place  thereof  the 
word :  —  director,  —  and  by  striking  out,  in  the  ninth  Hne, 


220 


Acts,  1939.  —  Chap.  238. 


G.  T..  (Ter. 
Ed.),  31,  §  46F, 
etc.,  amended. 

Reinstatement 
of  police 
officers. 


G.  L.  (Ter. 
Ed.),  31,  §46H, 
etc.,  amended. 

Reinstate- 
ments. 


Certain  terms 
defined. 


Original 
appointments. 


Temporary 
provisions. 


the  word  "board"  and  inserting  in  place  thereof  the  word: 
—  director. 

Section  48.  Section  forty-six  F  of  said  chapter  thirty- 
one,  inserted  by  chapter  three  hundred  and  thirty-seven 
of  the  acts  of  nineteen  hundred  and  thirty-five,  is  hereby 
amended  by  striking  out  the  word  "commissioner"  each 
time  it  appears  in  the  eighth  hne,  and  inserting  in  place 
thereof,  in  each  instance,  the  word :  —  director. 

Section  49.  Section  forty-six  H  of  said  chapter  thirty- 
one,  inserted  by  section  one  of  chapter  two  hundred  and 
eighty-seven  of  the  acts  of  nineteen  hundred  and  thirty-six, 
is  hereby  amended  by  striking  out,  in  the  seventh  and 
ninth  lines,  respectively,  the  word  "commissioner"  and 
inserting  in  place  thereof,  in  each  instance,  the  word :  — 
director. 

Section  50.  Except  as  otherwise  provided  in  this  act, 
when  used  in  any  statute,  the  word  "commission"  when 
referring  to  the  civil  service  commission,  and  the  word  "com- 
missioner" when  referring  to  the  commissioner  of  civil  serv- 
ice, shall  mean  the  director  of  civil  service  appointed  as 
provided  in  section  two  of  this  act. 

Section  51.  The  rules  heretofore  made  and  approved 
under  the  provisions  of  section  three  of  chapter  thirty-one 
of  the  General  Laws  in  force  immediately  prior  to  the  effec- 
tive date  of  this  act  and  not  inconsistent  herewith  shall  con- 
tinue in  force  until  other  rules  are  adopted  by  the  civil  serv- 
ice commission  under  the  provisions  of  this  act. 

Section  52.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  as  soon  as  may  be  appoint  five  persons 
to  serve  as  members  of  the  civil  service  commission  created 
by  this  act  for  one,  two,  three,  four  and  five  years,  respec- 
tively, from  March  first,  nineteen  hundred  and  thirty-nine,  as 
the  governor  may  designate.  Upon  the  expiration  of  their 
respective  terms,  their  successors  shall  be  appointed  as 
provided  in  section  three  of  this  act. 

Section  53.  The  division  of  civil  service  as  heretofore 
constituted  shall  continue,  except  as  otherwise  provided  in 
this  act.  The  employees  of  said  division,  including  the 
secretary,  shall  continue  to  serve  in  said  division  without 
impairment  of  their  civil  service  status,  and  retain  all  pres- 
ent rights  now  given  them  under  chapter  thirty-one  of  the 
General  Laws,  and  such  employees  shall  retain  any  step 
increases  from  the  minimum  pay  of  their  grade  earned  during 
their  service  with  said  division,  and  for  retirement  purposes 
their  service  with  said  division  shall  be  deemed  to  be  con- 
tinuous service.  The  office  of  secretary  is  hereby  continued, 
but  it  shall  be  abolished  when  the  present  incumbent  thereof 
ceases  to  hold  the  same.  The  tenure  of  office  of  the  commis- 
sioner of  civil  service  and  the  associate  commissioners  of 
civil  service  in  office  upon  the  effective  date  of  this  act  shall 
cease  and  determine  upon  the  qualification  of  the  members 
of  said  commission. 


Acts,  1939.  —  Chap.  238.  221 

Section  54.    The  division  of  civil  service  may  continue  same 
expenditures  in  the  current  year  at  the  rate  authorized  by  ^"^J*'"'^- 
appropriations  for  the  preceding  fiscal  year,  until  the  general 
court  makes  an  appropriation  therefor  or  provides  otherwise. 

Section  55.    Section  fifty-two  of  this  act  shall  take  effect  Effective 
at  the  earliest  time  that  it  may  take  effect  conformably  to  '^^^^' 
the  constitution,  and  all  other  provisions  thereof  shall  take 
effect  upon  the  qualification  of  the  members  of  said  com- 
mission. Approved  May  24)  1939. 

The  Commonwealth  of  Massachusetts, 
Executive  Departmen^t,  State  House, 

Boston,  May  24,  1939. 

Honorable  Feederic  W.  Cook,  Secretary  of  the  Commomvealth, 
State  House,  Boston,  Massachusetts. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  ac- 
cordance with  the  provisions  of  the  Fortj^-eighth  Amend- 
ment to  the  Constitution,  "The  Referendum  II,  Emergency 
Measures",  do  declare  that  in  my  opinion,  the  immediate 
preservation  of  the  public  peace,  health,  safety,  and  con- 
venience requires  that  the  law  passed  on  the  twenty-fourth 
day  of  May  in  the  yeax  nineteen  hundred  and  thirty-nine, 
entitled  "An  Act  Abolishing  the  Commissionership  and 
Associate  Commissionerships  in  the  Division  of  Civil  Serv- 
ice, Placing  Said  Division  Under  the  Supervision  and  Con- 
trol of  a  Director  and  a  Commission,  and  Further  Defining 
the  Powers  and  Duties  of  Said  Division,  Its  Officers  and 
Employees"  should  take  effect  forthwith,  that  it  is  an  emer- 
gency law  and  that  the  facts  constituting  the  emergency 
are  as  follows: 

Because  its  delayed  operation  for  ninety  days  when  it 
would  otherwise  become  effective  will  result  in  the  further 
demoralization  of  an  important  division  of  our  State  govern- 
ment and  will  lend  continued  uncertainty  in  the  conduct  of 
examinations  affecting  thousands  of  our  people  who  are 
seeking  positions  in  public  service  in  cities  and  towns  as  well 
as  the  Commonwealth  itself. 

Very  truly  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  op  the  Secretary,  Boston,  May  24,  1939. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  ten  o'clock  and  thirty- 
two  minutes,  a.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Con- 
stitution said  chapter  takes  effect  forthwith,  being  chapter 
two  hundred  and  thirty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 


222  Acts,  1939.  —  Chaps.  239,  240. 


Chap. 2S9  -^N  Act  relative  to  the  construction  by  the  city  of 

HOLYOKE   OF   FLOOD   PROTECTION   WORKS  ALONG   THE   CON- 
NECTICUT  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Holyoke,  for  the  purpose  of  pro- 
tecting highways  and  pubhc  or  private  property  from 
damage  by  freshet  or  any  flow  of  the  Connecticut  river, 
may,  by  its  board  of  aldermen,  from  time  to  time,  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  or  acquire  by  purchase  or  otherwise,  land  and  ease- 
ments in  land  and  may  construct  dikes,  walls,  drains, 
bridges  and  other  flood  protection  works.  Any  person  who 
is  injured  in  his  property  by  any  act  of  said  city  under  any 
provision  of  this  act  may  recover  from  said  city  damages 
therefor  under  said  chapter  seventy-nine.  Said  flood  pro- 
tection works  may  be  constructed  in  conjunction  with  the 
Connecticut  river  flood  protection  projects  of  the  United 
States  of  America.  The  provisions  of  sections  thirteen  and 
twenty  of  chapter  ninety-one  of  the  General  Laws  shall 
apply  to  the  projects  herein  authorized. 

Section  2.  For  the  purpose  authorized  by  section  one 
and  for  expenses  incidental  to  the  construction  of  said  flood 
protection  works,  the  city  of  Holyoke  may  borrow  from 
time  to  time,  within  a  period  of  three  years  from  the  passage 
of  this  act,  such  sums  as  may  be  necessary  but  not  exceed- 
ing, in  the  aggregate,  seventy-five  thousand  dollars,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their  face 
the  words,  Holyoke  Flood  Control  Loan,  Act  of  1939.  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  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.  The  orders  passed  by  the  city  of  Holyoke  in 
the  year  nineteen  hundred  and  thirty-eight  relating  to  flood 
control  in  conjunction  with  the  Federal  government,  and 
acts  done  pursuant  to  said  orders,  are  hereby  ratified  and 
confirmed  and  shall  have  the  same  effect  and  validity  as  if 
sections  one  and  two  of  this  act  had  been  in  effect  prior  to 
the  passage  of  said  orders. 

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

Approved  May  25,  1939. 

Chaj).  240  ^^  "^^"^  AUTHORIZING  THE  TOWN   OF  HUDSON  TO   PAY  A  SUM 
OF   MONEY   TO   THOMAS   MAGUIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  its  moral 
obligation  and  of  promoting  the  public  good,  the  town  of 


Acts,  1939.  —  Chaps.  241,  242.  223 

Hudson  may  pay  to  Thomas  Maguire  of  said  town  the  sum 
of  five  hundred  dollars  to  compensate  him  for  injuries,  in- 
cluding the  loss  of  sight  of  one  eye,  sustained  in  the  per- 
formance of  duty  as  a  special  poUce  officer  of  said  town 
during  the  hurricane  in  September,  nineteen  hundred  and 
thirty-eight. 

Section  2.  Said  sum  may  be  paid  from  the  appropria- 
tion made  for  said  purpose  by  said  town  at  its  annual  meet- 
ing in  the  current  year  and  the  action  of  said  town  in  making 
said  appropriation  is  hereby  ratified  and  confirmed,  and  shall 
have  the  same  force  and  effect  as  if  the  provisions  of  section 
one  of  this  act  had  taken  effect  prior  to  the  taking  of  said 
action. 

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

Approved  May  25,  1939. 

An  Act  extending  the  term  during  which  banking  insti-  (^/^^r*  241 

TUTIONS    AND    INSURANCE     COMPANIES    MAY    MAKE    LOANS  ^' 

INSURED    BY    THE    FEDERAL    HOUSING    ADMINISTRATOR. 

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

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  one  of  chapter  one  hundred 
and  sixty-two  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  as  amended  by  chapter  two  hundred  and  forty  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out,  in  the  ninth  line,  the  word  "thirty- 
nine"  and  inserting  in  place  thereof  the  word:  —  forty-one, 
—  so  as  to  read  as  follows:  —  Subject  to  such  regulations  as 
the  commissioner  of  banks  deems  to  be  necessary  or  advis- 
able in  respect  to  trust  companies,  savings  banks,  co-opera- 
tive banks  or  credit  unions,  and  to  such  regulations  as  the 
commissioner  of  insurance  deems  to  be  necessary  or  advis- 
able in  respect  to  insurance  companies,  any  trust  company, 
savings  bank,  co-operative  bank,  credit  union  or  insurance 
company  doing  business  in  this  commonwealth  is  authorized 
for  a  period  ending  July  first,  nineteen  hundred  and  forty- 
one:  Approved  May  25,  1939. 

An  Act  granting  certain  powers  to  the  county  com-  Chap. 242 

MISSIONERS  OF  THE  COUNTY  OF  WORCESTER  IN  CONNECTION 
WITH  THE  CARE  AND  MAINTENANCE  OF  THE  WACHUSETT 
MOUNTAIN    STATE   RESERVATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  seventy-eight  of 
the  acts  of  eighteen  hundred  and  ninety-nine  is  hereby 
amended  by  striking  out  section  five,  as  amended  by  sec- 
tion one  of  chapter  two  hundred  and  fifty-seven  of  the  acts 


224 


Acts,  1939.  —  Chap.  243. 


of  nineteen  hundred  and  two,  and  inserting  in  place  thereof 
the  following :  —  Section  5.  The  necessary  expense  for  care 
and  maintenance  of  the  Wachusett  Mountain  State  Reser- 
vation shall  be  annually  estimated  by  the  Wachusett  Moun- 
tain State  Reservation  Commission,  and,  if  approved  and 
accepted  by  the  county  commissioners  of  the  county  of 
Worcester,  shall  be  embodied  by  them  in  the  estimate  next 
to  be  submitted  by  them  to  the  general  court,  as  a  basis  for 
a  county  appropriation  act  and  shall  be  assessed  upon  said 
county  and  collected  in  the  same  manner  as  are  county  taxes. 
All  income  derived  from  said  reservation  shall  be  paid  to 
the  county.  The  said  commission  shall  annually,  before  the 
tenth  day  of  January,  make  to  said  county  commissioners  a 
report  in  writing  of  all  moneys  received  and  of  all  expendi- 
tures made  or  authorized  by  them  for  the  care  and  mainte- 
nance of  said  reservation  during  the  preceding  year. 

Section  2.     This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty.  Approved  May  25,  1939. 


G.  L.  (Ter. 
Ed.),  32,  §  77, 
etc.,  amended. 


Pensions 
for  laborers. 


Chap. 24:3  An  Act  relative  to  the  pensions  of  certain  laborers, 

FOREMEN,  inspectors,  MECHANICS,  DRAW  TENDERS,  ASSIST- 
ANT DRAW  TENDERS  AND  STOREKEEPERS  IN  THE  EMPLOY 
OF   CERTAIN    CITIES   AND   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventy-seven  of  chapter  thirty-two  of  the  General 
Laws,  as  amended  by  section  one  of  chapter  two  hundred 
and  ninety  of  the  acts  of  nineteen  hundred  and  thirty-six,  is 
hereby  further  amended  by  striking  out  paragraph  (a),  as  so 
amended,  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

(a)  Any  laborer  in  the  employ  of  a  city  or  town,  except 
Boston,  which  accepted  chapter  five  hundred  and  three  of 
the  acts  of  nineteen  hundred  and  twelve,  who  has  reached 
the  age  of  sixty  and  has  been  in  such  employ  for  not  less  than 
twenty-five  years  and  has  become  physically  or  mentally 
incapacitated  for  labor,  and  any  laborer  in  the  employ  of 
such  city  or  town  who  has  been  in  such  employ  for  not  less 
than  fifteen  years  and  has  become  physically  or  mentally 
incapacitated  for  labor  by  reason  of  any  injury  received  in 
the  performance  of  his  duties  for  such  city  or  town  may,  at 
his  request,  in  cities,  with  the  approval  of  the  mayor,  or  in 
towns,  with  the  approval  of  the  selectmen,  be  retired  from 
service;  and  if  so  retired  he  shall  receive  from  the  city  or 
town  for  the  remainder  of  his  life  an  annual  pension  equal 
to  one  half  of  his  annual  rate  of  regular  compensation  for 
full  time  service  as  a  laborer  at  his  retirement.  Any  laborer 
in  the  employ  of  such  city  or  town  who  has  reached  the  age 
of  sixty-five  and  has  been  in  such  employ  for  not  less  than 
twenty-five  years,  including  the  time  when  incapacitated  by 
reason  of  sickness  or  other  disabiUty  incurred  in  or  arising 
out  of  the  performance  of  his  duty,  not  exceeding  two  years 
in  the  aggregate,   as  certified  by  a  physician  in  regular 


Acts,  1939. —Chap.  244.  225 

standing,  shall  be  retired  from  service,  and  shall  receive 
from  the  city  or  town  an  annual  pension  computed  in  the 
manner  hereinbefore  set  forth.  No  laborer  in  the  employ 
of  such  a  city  or  town  shall  be  eligible  for  retirement  under 
any  method  provided  in  this  section  unless  he  has  actually 
been  employed  by  it  as  a  laborer  for  at  least  thirty-two 
weeks  in  the  aggregate  in  each  of  the  years  of  employment 
required  under  such  method,  but  this  provision  shall  not 
affect  the  deduction  of  time  permitted  by  the  preceding 
sentence  in  the  case  of  incapacity  by  reason  of  sickness  or 
other  disability.  Approved  May  25,  1939. 

An  Act  relative  to  the  contents  of  certain  reports  nhnrt  244 

SUBMITTED     TO     THE     DIRECTORS     OF     TRUST     COMPANIES,  ^' 

RELATIVE  TO  BRANCH  OFFICES  OF  SUCH  COMPANIES,  RELA- 
TIVE TO  CERTAIN  LOANS  BY  SUCH  COMPANIES  AND  BY 
SAVINGS  BANKS  AND  RELATIVE  TO  PAYMENTS  OF  MONEYS 
ON  DEPOSIT  IN  THE  NAME  OF  A  MINOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fourteen  A  of  chapter  one  hundred  ^jViT^''" 
and  seventy-two  of  the  General  Laws,  inserted  by  section  §  ha,  etc., 
nine  of  chapter  three  hundred  and  forty-nine  of  the  acts  of  ^'"^"''''d- 
nineteen  hundred  and  thirty-four,  is  hereby  amended  by 
striking  out  the  subparagraph  numbered  3,  and  inserting 
in  place  thereof  the  two  following  subparagraphs :  — 

3.  Lists  of  the  following  loans,  the  date  thereof,  and  the  Directors- 
date  to  which  interest  has  been  paid,  setting  forth  the  total  "eporTsfetc. 
liabilities  of  the  borrower  to  the  corporation,  both  secured 
and  unsecured :  — 

(a)  All  loans  payable  on  demand,  other  than  real  estate 
mortgage  loans. 

(6)  All  overdue  time  loans,  other  than  real  estate  mort- 
gage loans. 

(c)  All  real  estate  mortgage  loans  on  which  interest  is 
more  than  six  months  in  arrears. 

(d)  All  real  estate  mortgage  loans  concerning  which  any 
tax  upon  the  underlying  security  is  more  than  twelve  months 
overdue. 

(e)  All  real  estate  mortgage  loans  concerning  which  any 
tax  upon  the  underlying  security  has  been  paid  by  and  not 
repaid  to  such  corporation,  specifying  the  amounts  of  taxes 
so  paid  and  the  years  for  which  they  were  paid. 

3A.  A  statement  setting  forth  the  number  and  aggregate 
amount  of  all  real  estate  mortgage  loans  exceeding  legal 
limitations  based  on  valuation,  together  with  the  aggregate 
of  the  excess,  and  indicating  the  number,  aggregate  amount 
and  aggregate  excess  of  such  loans  concerning  which  no 
principal  payment  program  is  in  operation. 

Section  2.    Said  chapter  one  hundred  and  seventy-two  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  thirty-four,  Ifd'amcnLdL' 
as    amended    by   section   nineteen   of    said    chapter    three 
hundred  and  forty-nine,  and  inserting  in  place  thereof  the 


226 


Acts,  1939.  —  Chap.  244. 


Loans  on  farm 
property. 


G.  L.  (Ter. 
Ed.),  172,  §45, 
etc.,  amended. 


Branch 
offices. 


following:  —  Section  34-  No  such  corporation  in  its  com- 
mercial department  shall  advance  money  or  credits  upon 
notes  secured  by  deed  of  trust  or  by  mortgage,  except  notes 
secured  by  first  mortgages  upon  improved  real  estate,  in- 
cluding improved  farm  lands,  situated  within  the  common- 
wealth and  within  a  radius  of  fifty  miles  of  the  main  office 
of  such  corporation,  or  within  a  radius  of  twenty-five  miles  of 
the  main  office  of  such  corporation  without  regard  to  state 
boundaries.  The  amount  of  any  such  mortgage  shall  not 
exceed  sixty  per  cent  of  the  value  of  the  improved  real 
estate,  or  fifty  per  cent  of  the  value  of  improved  farm  lands, 
and  shall  not  be  made  for  a  period  extending  beyond  three 
years  from  the  date  of  the  note,  except  in  the  case  of  loans 
on  improved  farm  lands,  when  the  period  may  be  five  years. 
The  foregoing  limitations  as  to  time,  locality  and  amount 
shall  not  apply  to  (a)  loans  made  prior  to  June  first,  nine- 
teen hundred  and  thirty-four;  (6)  mortgages  taken  in  good 
faith  by  way  of  security  for  debts  to  such  corporation  pre- 
viously contracted;  (c)  loans  made  by  such  corporation  to 
secure  the  payment  of  a  portion  of  the  purchase  price  of 
real  estate  acquired  by  such  corporation  by  foreclosure,  or 
otherwise;  provided,  that  any  such  loan  made  for  a  period 
extending  beyond  three  years  from  the  date  of  the  note  shall 
contain  terms  requiring  payments  on  the  loan  in  instal- 
ments at  intervals  not  exceeding  one  year  in  amounts  aggre- 
gating annually  not  less  than  two  per  cent  of  the  original 
amount  of  the  loan  commencing  not  later  than  two  years 
after  the  date  of  the  note.  No  loan  or  mortgage  shall  be 
made  except  upon  written  application  showing  the  date, 
name  of  applicant,  amount  asked  for,  security  offered  and 
assessed  valuation,  nor  except  upon  the  report  of  a  majority 
of  the  executive  committee  or  real  estate  committee,  if  any, 
who  shall  certify  on  said  application,  according  to  their  best 
judgment,  the  value  of  the  premises  to  be  mortgaged;  and 
such  application  shall  be  filed  and  preserved  with  the  records 
of  such  corporation. 

Section  3.  Section  forty-five  of  said  chapter  one  hun- 
dred and  seventy-two,  as  amended  by  section  twenty-one  of 
said  chapter  three  hundred  and  forty-nine,  is  hereby  further 
amended  by  inserting  after  the  word  "capital"  in  the  second 
line  the  words :  —  ,  guaranty  fund,  —  so  as  to  read  as  fol- 
lows: —  Section  45.  Any  such  corporation,  if  the  aggregate 
total  of  its  capital,  guaranty  fund  and  surplus  account  is  not 
less  than  one  tenth  of  its  aggregate  deposit  liability,  may, 
with  the  approval  of  the  board  of  bank  incorporation,  estab- 
lish and  operate  one  or  more  branch  offices  in  the  town 
where  its  main  office  is  located,  or  in  any  other  town  within 
the  same  county,  not  having  commercial  banking  facilities. 
No  such  corporation  shall  maintain  a  branch  office  except  as 
provided  in  this  and  the  following  two  sections,  but  the  re- 
strictions in  this  section  shaU  not  extend  to  branch  offices 
authorized  prior  to  June  first,  nineteen  hundred  and  thirty- 
four. 


Acts,  1939.  —  Chap.  244.  227 

Section  4.  Section  forty-six  of  said  chapter  one  hundred  gj^.  (Tm.^  ^^ 
and  seventy-two,  as  amended  by  section  twenty- two  of  etc^.'ameAded. ' 
said  chapter  three  hundred  and  forty-nine,  is  hereby  further 
amended  by  inserting  after  the  word  "capital"  in  the  ninth 
hne  the  words :  —  ,  guaranty  fund,  —  so  as  to  read  as  fol- 
lows :  —  Section  46.  Any  office  or  offices  of  a  trust  com-  office  of 
pany  the  business  of  which  has  been  taken  over  under  sec-  J?J,",^any. 
tion  forty-four  or  forty-four  A  by  such  a  trust  company 
whose  main  office  is  located  in  the  same  county,  or  any 
office  or  offices  of  a  national  banking  association  the  whole 
or  a  substantial  part  of  the  assets  of  which  is  purchased  or 
otherwise  acquired  by  a  trust  company  so  located,  may, 
with  the  approval  of  the  commissioner,  be  maintained  as  a 
branch  office  or  offices  of  such  corporation,  if  the  aggregate 
total  of  its  capital,  guaranty  fund  and  surplus  account  is  not 
less  than  one  tenth  of  its  aggregate  deposit  liability,  except 
that  upon  the  reorganization  of  any  trust  company  in  posses- 
sion, on  June  first,  nineteen  hundred  and  thirty-four,  or 
thereafter,  of  the  commissioner  or  of  a  conservator,  the  com- 
missioner may  authorize  such  trust  company,  notwithstand- 
ing the  foregoing  restrictions,  to  maintain  such  office  or 
offices  as  branch  offices  under  such  conditions  as  he  may 
approve. 

Section  5.     Paragraph  (6)  of  subdivision  (e)  of  clause  g.  l.  (Ten. 
Ninth  of  section  fifty-four  of  chapter  one  hundred  and  sixty-  Jtc'.!'ameAdedi*' 
eight  of  the  General  Laws,  as  appearing  in  the  Tercente- 
nary Edition,  is  hereby  amended  by  striking  out,  in  the 
fourth  line,  the  word  "one"  and  inserting  in  place  thereof 
the  word :  —  five,  —  so  as  to  read  as  follows :  —  (6)    Policies  collateral, 
issued  by  life  insurance  companies  approved  by  the  com- 
missioner and  properly  assigned  to  the  bank,  but  not  ex- 
ceeding ninety  per  cent  of  the  cash  surrender  value  of  such 
policies;    but  the  aggregate  of  such  loans  made  by  any 
savings  bank  shall  not  exceed  five  per  cent  of  its  deposits. 

Section  6.    Chapter  one  hundred  and  sixty-seven  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  ne',;?  gec^tlon 
forty-seven,  as  appearing  in  the  Tercentenary  Edition,  the  4S,  inserted. 
following  new  section :  —  Section  ^8.    Any  individual,  part-  Deposits  in 
nership,  association  or  corporation  doing  a  banking  business  IliVnors"^ 
in  the  commonwealth  having  funds  on  deposit  in  the  name 
of  a  minor  may,  unless  in  violation  of  a  written  agreement  to 
which  such  individual,  partnership,  association  or  corpora- 
tion is  a  party,  pay  the  same  in  whole  or  in  part  directly  to 
such  minor  or  to  others  on  his  written  order  and  such  pay- 
ments shall  have  the  same  legal  effect  as  if  no  minority 
existed.  Approved  May  25,  1939. 


228  Acts,  1939.  —  Chaps.  245,  246. 


Chap. 24:5  An  Act  empowering  the  department  op  industrial  acci- 
dents TO  COMPEL  EMPLOYERS  TO  FILE  REPORTS  OF  ALL 
INJURIES,  FATAL  OR  OTHERWISE,  RECEIVED  BY  THEIR  EM- 
PLOYEES IN  THE  COURSE  OF  THEIR  EMPLOYMENT. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  nineteen  of  chapter  one  hundred  and  fifty-two  of 

ameAchfd.'  ^  ^^'  the  General  Laws  is  hereby  amended  by  striking  out  the 
paragraph  appearing  in  chapter  three  hundred  and  thirty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following  paragraph :  — 
Notices.  If  the  department  determines  upon  a  report  of  facts  by 

a  member,  after  notice  and  hearing  given  to  an  employer, 
that  such  employer  has  without  reasonable  cause  refused  or 
neglected  to  make  any  report  required  by  this  section,  it 
may  thereupon  order  such  employer  to  file  any  such  report 
forthwith  and  may  assess  upon  such  employer  the  whole 
cost  to  the  commonwealth  of  the  proceedings  entailed,  as 
determined  by  the  department.  For  the  purposes  of  this 
paragraph  the  department  shall  be  deemed  a  party  in  in- 
terest in  proceedings  under  section  eleven. 

Approved  May  25,  19S9. 


Chap. 246  An  Act  relative  to  the  care  of  certain  infants  pre- 
maturely BORN. 

Be  it  enacted,  etc.,  as  follows: 

EdVin"'  Section    1.     Chapter   one   hundred   and   eleven   of  the 

§  67A.  etc.,        General  Laws  is  hereby  amended  by  striking  out  section 
amended.  sixty-scvcu    A,    inserted    by    chapter    three    hundred    and 

thirty-two  of  the  acts  of  nineteen  hundred  and  thirty-seven. 
Infants  and  inserting  in  place  thereof  the  following :  —  Section  67 A . 

bom  ouTsfde  I^  ^^  infant  is  born  prematurely  in  a  place  other  than  a 
of  hospitals.  hospital  equipped  to  care  for  prematurely  born  infants  and 
weighs  five  pounds  or  less  at  birth,  the  physician  having 
charge  of  the  birth  of  such  infant  shall  forthwith  give  noti- 
fication thereof  to  the  board  of  health  and  the  board  of 
public  welfare  of  the  town  wherein  the  infant  was  born, 
stating  the  name  of  the  mother  of  such  infant  and  the  street 
address  where  the  infant  is  at  the  time  of  such  notification. 
Notices.  Such  notification  shall  be  given  as  soon  as  is  practicable  after 

such  birth  occurs,  by  telephone  if  possible,  and  in  addition 
thereto  such  physician  shall,  within  twenty-four  hours  after 
such  birth,  file  a  written  report  with  such  board  of  health 
in  such  form  and  giving  such  information  as  such  board  shall 
prescribe.  In  the  case  of  such  an  infant  prematurely  born 
in  a  hospital  equipped  to  care  for  prematurely  born  infants, 
the  superintendent  or  other  person  in  charge  of  such  hos- 
pital shall  forthwith  file  with  the  board  of  public  welfare  of 
the  town  wherein  the  infant  was  born  a  written  report  in 
the  form  and  giving  the  information  required  by  the  board 


Acts,  1939. —Chap.  247.  229 

of  health  hereunder  as  to  premature  births  reported  to  said 
board. 

Section  2.  Said  chapter  one  hundred  and  eleven  isG.^L.  (Ter. 
hereby  further  amended  by  striking  out  section  sixty-seven  C,  §  67C,  etc., 
inserted  by  said  chapter  three  hundred  and  thirty-two,  a'^ended. 
and  inserting  in  place  thereof  the  following :  —  Section  67C.  ^^^^^^1^^  ^'"' 
Reasonable  expenses  for  the  care  of  a  prematurely  born  infant, 
infant,  weighing  five  pounds  or  less  at  birth,  in  a  hospital 
in  which  it  is  born  or  to  which  it  has  been  removed  shall  be 
paid  by  the  parent  or  guardian,  or  any  other  person  bound 
by  law  to  maintain  such  infant,  if  he  is  able  to  pay,  other- 
wise by  the  board  of  public  welfare  of  the  town  wherein 
such  infant  was  born,  subject  to  the  provisions  of  section 
twenty-four  of  chapter  one  hundred  and  seventeen  relative 
to  notice  and  request  and  subject  to  reimbursement  as 
hereinafter  provided.  If  such  infant  has  a  legal  settlement 
within  the  commonwealth,  the  town  of  settlement  shall 
reimburse  the  town  where  such  infant  was  born  in  like 
manner  as  if  the  expense  of  such  care  had  been  incurred 
under  section  fourteen  of  chapter  one  hundred  and  seven- 
teen. If  the  infant  has  no  legal  settlement  in  the  common- 
wealth, the  town  wherein  such  infant  was  born  shall  be 
reimbursed  by  the  commonwealth  for  the  expense  of  the 
care  of  such  infant,  within  the  limits  as  to  amount  prescribed 
by  section  eighteen  of  chapter  one  hundred  and  twenty-two, 
upon  notice  to  the  department  of  public  welfare  by  the 
board  of  public  welfare  of  such  town  that  said  board  has 
incurred  such  expense;  provided,  that  reimbursement  shall 
not  be  made  for  any  expense  incurred  more  than  five  days 
prior  to  such  notice.  Approved  May  25,  1939. 


An  Act  providing  for  a  fire  patrol  in  areas  where  Chav. 24:7 

THERE  IS  DANGER  OF  FOREST  FIRES  BY  REASON  OF  CON- 
DITIONS  THEREIN  RESULTING  FROM  THE  HURRICANE  OF 
SEPTEMBER,  NINETEEN  HUNDRED  AND  THIRTY-EIGHT,  AND 
PROVIDING  FOR  THE  FINANCING  THEREOF  BY  THE  COMMON- 
WEALTH AND  BY  THE  COUNTIES  WHEREIN  FORESTS  ARE 
PATROLLED. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  forester  may  from  time  to  time 
appoint  additional  temporary  officers  in  the  division  of 
forestry  in  the  department  of  conservation,  or  detail  assist- 
ants to  the  state  fire  warden,  and  such  temporary  officers 
and  assistants  shall  patrol  the  forests  in  areas  within  any 
county  where  there  is  danger  of  forest  fires  by  reason  of  fallen 
trees  and  other  debris  resulting  from  the  hurricane  of  Septem- 
ber, nineteen  hundred  and  thirty-eight,  for  the  purpose  of 


230  Acts,  1939.  —  Chap.  248. 

detecting  and  preventing  such  fires.  The  expenses  incurred 
under  authority  of  this  act  shall  be  paid  in  the  first  instance 
by  the  commonwealth,  and  within  thirty  days  following 
the  close  of  the  fiscal  year  of  the  commonwealth  the  state 
forester  shall  certify  to  the  state  treasurer  the  amount 
thereof  so  paid  in  each  county  where  any  such  expense  has 
been  incurred.  Said  treasurer  shall  forthwith  certify  to  the 
county  commissioners  of  each  such  county  a  sum  equal  to 
one  half  of  the  amount  so  paid  therein  and  said  commis- 
sioners shall,  within  thirty  days  after  receipt  of  the  certifi- 
cate of  said  treasurer,  issue  a  warrant  for  the  sum  certified 
therein  to  the  county  treasurer,  who  shall  make  payment 
thereof  to  said  state  treasurer  from  any  available  funds. 
Each  payment  made  by  a  county  as  aforesaid  shall  become 
a  part  of  the  county  tax  levied  upon  the  several  cities  and 
towns  therein  for  the  year  in  which  it  was  made,  in  addition 
to  any  amounts  otherwise  authorized  by  the  general  court. 

Section  2.  For  the  purposes  of  this  act,  there  is  hereby 
appropriated,  in  advance  of  the  general  appropriation  act 
of  the  current  year,  the  sum  of  thirty-seven  thousand  eight 
hundred  dollars,  which  sum  is  hereby  appropriated  from  the 
general  fund  or  ordinary  revenue  of  the  commonwealth  in 
advance  of  final  action  on  the  general  appropriation  bill, 
pursuant  to  a  recommendation  of  the  governor  to  that  effect. 

Approved  May  29,  1939. 

Chan, 24:8  ^^  ^^^  relative  to  right  of  appeal  under  the  law 

PROVIDING   AID   TO    DEPENDENT    CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

G^L.  (Ter.^^  Chapter  one  hundred  and  eighteen  of  the  General  Laws 
is  hereby  amended  by  striking  out  section  eight,  as  appearing 
in  section  one  of  chapter  four  hundred  and  thirteen  of  the 
acts  of  nineteen  hundred  and  thirty-six,  and  inserting  in 
Appeals  in  placc  thcrcof  the  following:  —  Sections.  Any  person  ag- 
affectinr''*'^  grieved  by  the  failure  of  any  town  to  render  adequate  aid 
children"*  under  this  chapter,  or  by  the  failure  of  the  board  of  public 
welfare  of  a  town  to  approve  or  reject  an  appUcation  for  aid 
hereunder  within  thirty  days  after  receiving  such  application, 
shall  have  a  right  to  a  fair  hearing,  after  due  notice,  upon 
appeal  to  the  department.  Such  hearing  shall  be  conducted 
by  a  referee  designated  by  the  commissioner.  Any  person 
so  designated  is  hereby  empowered  to  subpoena  witnesses, 
administer  oaths,  take  testimony  and  secure  the  production 
of  such  books,  papers,  records  and  documents  as  may  be 
relevant  to  such  hearing.  The  decision  of  the  referee,  when 
approved  by  the  commissioner,  shall  be  the  decision  of  the 
department  and  shall  be  final  and  binding  upon  the  local 
board  of  public  welfare  involved  and  shall  be  complied 
with  by  such  local  board.  Fair  hearings  shall  be  granted 
upon  any  appeal  in  relation  to  the  following  matters: 

1.  The  matter  of  denial  of  aid  by  the  local  board  of  pub- 
lic welfare; 


Ed.),  118,  §  8, 
etc.,  amended. 


Acts,  1939. —  Chaps.  249,  250.  231 

2.  The  matter  of  a  change  in  the  amount  of  aid  given; 

3.  The  matter  of  withdrawal  of  aid. 

The  department  upon  its  own  motion  may  review  any 
decision  of  a  local  board  of  public  welfare  and  may  con- 
sider any  application  upon  w^hich  a  decision  has  not  been 
made  by  such  board  within  a  reasonable  time. 

Approved  May  29,  1939. 

An  Act  authorizing  dana  hall  schools  to  use  the  name  C}iap.2'\Q 

PINE  MANOR  JUNIOR  COLLEGE  AS  APPLYING  TO  A  CERTAIN 
DIVISION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Dana  Hall  Schools,  a  corporation  incorpo- 
rated under  general  law  in  November,  nineteen  hundred 
and  thirty-eight,  may  use  the  name  of  Pine  Manor  Junior 
College  as  applying  to  the  division  of  the  said  Dana  Hall 
Schools  known  as  Pine  Manor,  and  said  corporation  may 
use  the  designation  of  "college"  as  aforesaid  notwithstand- 
ing section  eighty-nine  of  chapter  two  hundred  and  sixty- 
six  of  the  General  Laws. 

Section  2.  The  use  of  the  name  of  Pine  Manor  Junior 
College  by  said  corporation  prior  to  the  effective  date  of 
this  act  is  hereby  validated.  Approved  May  29,  1939. 


Chap. 2m 


An  Act  relative  to  the  rights  of  holders  of  mort- 
gages on  real  estate  W'Ith  respect  to  payment  of 
taxes  and  respecting  applications  for  abatement  of 
taxes,  and  appeals  and  actions  relating  to  taxes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-nine  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  fifty-nine,  as  ^tci'amend^'. 
amended,  and  inserting  in  place  thereof  the  following:  — 
Section  59.  A  person  aggrieved  by  the  tax  assessed  upon  Abatements. 
him  may,  except  as  hereinafter  otherwise  provided,  on  or 
before  October  first  of  the  year  to  which  the  tax  relates, 
apply  in  writing  to  the  assessors,  on  a  form  approved  by  the 
commissioner,  for  an  abatement  thereof,  and  if  they  find 
him  taxed  at  more  than  his  just  proportion,  or  upon  an  as- 
sessment of  any  of  his  property  in  excess  of  its  fair  cash 
value,  they  shall  make  a  reasonable  abatement;  provided, 
that  a  person  aggrieved  by  a  tax  assessed  upon  him  under 
section  seventy-five  or  reassessed  upon  him  under  section 
seventy-seven  may  apply  for  such  abatement  at  any  time 
within  six  months  after  notice  of  such  assessment  or  reassess- 
ment is  sent  to  hhn.  A  tenant  of  real  estate  paying  rent 
therefor  and  under  obligation  to  pay  more  than  one  half  of 
the  taxes  thereon  may  apply  for  such  abatement.  If  a  per- 
son other  than  the  person  to  whom  a  tax  on  real  estate  is 
assessed  is  the  owner  thereof,  or  has  an  interest  therein,  or 
is  in  possession  thereof,  and  pays  the  tax,  he  may  thereafter 


232 


Acts,  1939. —Chap.  251. 


G.  L.  (Ter. 
Ed.),  60,  §  58, 
etc.,  amended. 


Mortgagors 
may  pay 
tax,  when. 


prosecute  in  his  own  name  any  application,  appeal  or  action 
provided  by  law  for  the  abatement  or  recovery  of  such  tax, 
which  after  the  payment  thereof  shall  be  deemed  for  the 
purposes  of  such  appHcation,  appeal  or  action,  to  have  been 
assessed  to  the  person  so  paying  the  same.  The  holder  of  a 
mortgage  on  real  estate  who  has  paid  not  less  than  one  half 
of  the  tax  thereon  may  during  the  period  beginning  Septem- 
ber twentieth  and  ending  October  first  of  the  year  to  which 
the  tax  relates  apply  in  the  manner  above  set  forth  for  an 
abatement  of  such  tax  provided  the  person  assessed  has  not 
previously  applied  for  abatement  of  such  tax,  and  thereupon 
the  right  of  the  person  assessed  to  apply  shall  cease  and  de- 
termine. The  holder  of  a  mortgage  so  applying  for  abate- 
ment may  thereafter  prosecute  any  appeal  or  action  provided 
by  law  for  the  abatement  or  recovery  of  such  tax  in  the 
same  manner  and  subject  to  the  same  conditions  as  a  person 
aggrieved  by  a  tax  assessed  upon  him. 

Section  2.  Chapter  sixty  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  fifty-eight,  as  amended  by 
chapter  two  of  the  acts  of  nineteen  hundred  and  thirty-two, 
and  inserting  in  place  thereof  the  following :  —  Section  58. 
If  the  whole  or  any  portion  of  a  tax  on  land  remains  unpaid 
after  it  is  due,  the  holder  of  a  mortgage  upon  the  land  may 
pay  to  the  collector  such  amount  as  is  due  and  unpaid,  with 
the  accrued  charges  and  expenses;  and  the  amount  so  paid 
may  be  added  to  the  mortgage  debt. 

Approved  June  2,  1939. 


Examination 
and  registra- 
tion. 


ChaV  251   ^^    ^^'^   RELATIVE    TO    THE    QUALIFICATIONS    OF    APPLICANTS 
^'  FOR   REGISTRATION   AS   VETERINARIANS. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Section  1.     Chapter   one   hundred   and   twelve   of  the 

^tc'^'amlAd^d^'  General  Laws  is  hereby  amended  by  striking  out  section 
e  c,  amen  e  .  g£^y_g^g^  ^g  most  recently  amended  by  chapter  sixty-six  of 
the  acts  of  nineteen  hundred  and  thirty-seven,  and  inserting 
in  place  thereof  the  following:  —  Section  55.  Apphcations 
for  registration  as  veterinarians,  signed  and  sworn  to  by  the 
appHcant,  shall  be  made  upon  blanks  furnished  by  the 
board.  Each  applicant  who  shall  furnish  the  board  with 
satisfactory  proof  that  he  is  twenty-one  years  of  age  or 
over,  of  good  moral  character,  and  a  citizen  of  the  United 
States,  that  he  possesses  the  educational  qualifications  re- 
quired for  graduation  from  a  public  high  school,  that  he  has 
completed  one  year  of  collegiate  work,  including  chemistry 
and  biology,  in  a  college  or  university  approved  by  a  body 
consisting  of  the  secretary  of  the  board,  the  commissioner  of 
education  and  the  director  of  the  division  of  livestock  dis- 
ease control  of  the  department  of  agriculture,  in  this  section 
referred  to  as  the  approving  authority,  that  he  has  attended 
courses  of  instruction  for  four  years  of  not  less  than  thirty- 
two  school  weeks  in  each  year,  or  courses  which  in  the  opin- 


Acts,  1939. —Chap.  251.  233 

ion  of  the  board  are  equivalent  thereto,  in  one  or  more 
legally  chartered  schools  of  veterinary  medicine,  and  that 
he  has  received  the  degree  of  doctor  of  veterinary  medicine 
or  its  equivalent  from  a  legally  chartered  school  of  veterinary 
medicine  having  the  power  to  confer  degrees  in  veterinary 
medicine  and  approved  by  the  approving  authority,  shall, 
upon  payment  of  fifteen  dollars,  be  examined,  and,  if  found 
quahfied  by  the  board,  shall  be  registered  as  a  veterinarian 
and  shall  receive  a  certificate  thereof,  signed  by  the  chair- 
man and  secretary.  An  appKcant  aggrieved  by  the  refusal 
of  the  approving  authority  to  approve  a  school  of  veterinary 
medicine  under  this  section  shall  be  entitled  to  have  the 
reasonableness  of  such  refusal  reviewed  by  a  justice  of  the 
superior  court,  whose  decision  shall  be  final.  An  applicant 
failing  to  pass  an  examination  satisfactory  to  the  board  may 
be  re-examined  at  any  regular  meeting  of  the  board  within 
two  years  thereafter,  without  additional  fee,  and  thereafter 
may  be  examined  at  any  such  meeting  upon  payment  of 
fifteen  dollars  for  each  examination.  The  board,  after  due 
notice  and  hearing,  may  revoke  any  certificate  issued  by  it 
to  and  cancel  the  registration  of,  any  veterinarian  convicted 
of  a  crime  in  the  practice  of  his  profession,  and  may,  at  any 
time  after  the  expiration  of  one  year  thereafter,  reissue  any 
certificate  so  revoked,  and  register  anew  any  veterinarian 
whose  registration  was  so  cancelled. 

The  approving  authority  shall,  upon  the  request  of  any 
college,  university  or  school  of  veterinary  medicine  in  this 
commonwealth,  inspect  said  college,  university  or  school 
and  notify  its  trustees  or  other  governing  body  in  writing 
if  it  is  approved  by  the  approving  authority  for  the  purposes 
of  this  section,  or,  if  not,  what  steps  it  must  take  in  order  to 
gain  the  approval  of  the  approving  authority. 

Any  college,  university  or  school  of  veterinary  medicine 
desiring  to  be  approved  for  the  purposes  of  this  section  may 
file  with  the  approving  authority  a  written  request  for  the 
approval  of  such  college,  university  or  school  of  veterinary 
medicine,  and  thereupon  a  public  hearing,  after  due  notice, 
shall  be  seasonably  granted  by  the  approving  authority  and 
a  written  decision  made  by  it  within  twenty  days  after  the 
termination  of  such  hearing  and  the  applicant  for  such  ap- 
proval shall  be  notified  of  such  decision.  A  written  decision 
of  the  approving  authority  refusing  to  approve  any  college, 
university  or  school  of  veterinary  medicine  shall  not  become 
effective  until  thirty  days  after  written  notice  of  such  deci- 
sion is  given  to  the  college,  university  or  school  seeking  such 
approval.  Every  such  college,  university  or  school  ag- 
grieved by  such  refusal  shall  have  the  right  to  file  a  petition 
in  the  superior  court  for  Suffolk  county  to  revise  or  reverse 
the  decision  of  the  approving  authority.  Notice  of  the 
entry  of  such  petition  shall  be  given  to  the  secretary  of  the 
board  of  registration  in  veterinary  medicine  and  all  pro- 
ceedings connected  therewith  shall  be  according  to  rules 
regulating  the  trial  of  civil  causes  without  juries.     The 


234 


Acts,  1939.  —  Chaps.  252,  253. 


Certain  laws 
to  continue 
in  effect. 


Qualification, 
etc.,  publica- 
tion of. 


Effective 
date. 


court  shall  hear  the  case  and  finally  determine  whether  or 
not  such  approval  shall  be  granted  or  revised. 

Upon  the  filing  of  such  a  petition  within  the  aforesaid 
period  of  thirty  days,  said  decision  of  the  approving  author- 
ity shall  not  become  effective  until  a  final  decree  affirming 
said  decision  is  entered  upon  the  aforesaid  petition. 

Section  2.  The  provisions  of  said  section  fifty-five  of 
said  chapter  one  hundred  and  twelve,  as  in  effect  from  time 
to  time  prior  to  January  first,  nineteen  hundred  and  forty- 
two,  shall  continue  to  govern  as  to  the  efigibility  of  any 
applicant  for  registration  as  a  veterinarian  who  shall  have 
matriculated  prior  to  said  date  in  any  legally  chartered 
school  of  veterinary  medicine  having  power  to  confer  degrees 
in  veterinary  medicine. 

Section  3.  The  approving  authority  provided  for  in  sec- 
tion one  shall,  within  three  months  after  the  effective  date 
of  this  section,  publish  the  qualifications  that  said  authority 
will  require  of  a  college,  university  or  school  of  veterinary 
medicine  in  order  that  it  be  approved  under  section  one. 

Section  4.  The  provisions  of  this  act  providing  new 
eligibility  requirements  for  applicants  for  registration  as 
veterinarians  shall  become  effective  on  January  first,  nine- 
teen hundred  and  forty-two.  Approved  June  2,  1939. 


Chap. 2o2  An  Act  regulating  the  rate  of  compensation  paid  to 

RESERVE    POLICE    OFFICERS    BY    CONTRACTORS    ON    CERTAIN 
PUBLIC   WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  thirty-four  A, 
inserted  by  chapter  four  hundred  and  thirty-eight  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  the  following 
new  section :  —  Section  SJ^B.  Every  contract  for  the  con- 
struction, alteration,  maintenance,  repair  or  demolition  of, 
or  addition  to,  any  pubUc  works  for  the  commonwealth  or 
any  political  subdivision  thereof  shall  contain  stipulations 
requiring  that  the  contractor  shall  pay  to  any  reserve  pohce 
officer  employed  by  him  in  any  city  or  town  the  prevailing 
rate  of  wage  paid  to  regular  police  officers  in  such  city  or 
town.  Approved  June  2,  1939. 


G.  L.  (Ter. 
Ed.),  149,  n( 
section  34B, 
inserted. 


Compensation 
of  certain 
police  officers. 


Chap. 


G.  L.  (Ter. 
Ed.),  140,  nev 
section  185H, 
inserted. 


Licensing  of 
dancing  schools. 


253  An  Act  providing  for  the  licensing  and  police  super- 
vision OF  DANCING  SCHOOLS,  SO  CALLED,  IN  BOSTON  AND 
IN  CERTAIN  OTHER  CITIES  AND  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  one  hundred  and 
eighty-five  G,  as  appearing  in  the  Tercentenary  Edition, 
under  the  heading  dancing  schools,  the  following  new  sec- 
tion:—  Section  185H.    In  Boston,  and  in  any  other  city  or 


Acts,  1939. —Chap.  254.  235 

town  which  accepts  the  provisions  of  this  section,  the  mayor 
or  selectmen  thereof  may  grant  upon  such  terms  and  condi- 
tions as  he  or  they  may  deem  reasonable  licenses  for  dancing 
schools,  so  called,  to  be  conducted  on  week  days  only,  and 
may  fix  the  fee  for  said  licenses  within  the  limit  hereinafter 
provided.  He  or  they  may  revoke  or  suspend  such  licenses 
for  just  cause  after  hearing,  due  notice  whereof  shall  have 
been  given.  The  head  of  the  police  department  in  such  city 
or  town  may  cause  such  dancing  schools  to  be  inspected 
and  supervised.  Licenses  granted  as  aforesaid  shall  specify 
the  street  or  place  and  the  number  if  there  be  any,  or,  if 
there  is  no  number,  then  the  location  of  the  place,  in  which 
the  license  is  to  be  exercised,  and  the  license  shall  not  be 
valid  in  any  other  place.  Licenses  so  issued  shall  expire  on 
April  thirtieth  of  each  year.  The  fee  for  such  license  shall 
not  exceed  five  dollars.  Whoever  conducts  a  dancing  school 
in  such  city  or  town  unless  authorized  so  to  do  by  a  license 
in  full  force  and  effect  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars.      Approved  June  2,  1939. 


An  Act  relative  to  the  investment  op  funds  by  cer-  (J}iqj)  254 
tain  limited  fraternal  benefit  societies,  and  the 
filing  of  annual  statements  by  certain  other  fra- 
ternal benefit  societies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty-five  of  chapter  one  hundred  and  g^i-  }^g'"§4- 
seventy-six  of  the  General  Laws,  as  amended  by  chapter  etc., 'amended.' 
one  hundred  and  four  of  the  acts  of  nineteen  hundred  and 
thirty-two,  is  hereby  further  amended  by  inserting  after 
the  word  "fourteen"  in  the  ninth  Hne,  as  appearing  in  the 
Tercentenary  Edition,  the  following:  —  ,  eighteen,  —  so  that 
the  second  sentence  will  read  as  follows:  —  Such  corpora-  investments. 
tions  and  like  societies  incorporated  under  this  chapter  shall 
be  governed  by  sections  four  to  eleven,  inclusive,  fourteen, 
eighteen  and  twenty-one,  so  far  as  the  same  are  apphcable, 
twenty-two,  twenty-nine,  thirty,  thirty-two,  thirty-six  to 
thirty-eight,  inclusive,  forty-seven,  forty-seven  A,  forty- 
eight  and  forty-nine  of  this  chapter  and  section  five  of  chap- 
ter fifty-nine,  and  in  addition  by  the  following  provisions: 
The  officers  of  such  limited  corporations  shall  be  elected  by 
ballot  by  the  members  as  often  as  once  in  two  years. 

Section  2.  The  fifth  paragraph  of  section  forty-six  of  fdViTe'^Ue 
said  chapter  one  hundred  and  seventy-six,  as  appearing  in  ameAded.' 
the  Tercentenary  Edition,  is  hereby  amended  by  adding  at 
the  end  the  following :  —  ;  and  it  shall  annually  on  or 
before  March  first  file  with  the  commissioner  a  financial 
statement,  in  such  form  and  detail  as  he  shall  prescribe  and 
as  of  December  thirty-first  next  preceding,  certified  to  by 
its  president  and  secretary  and  treasurer,  showing  its  assets 
and  liabiUties,  the  names  of  banks  used  as  depositories,  and 
its  total  membership,  —  so  as  to  read  as  follows :  — 


236 


Acts,  1939.  —  Chaps.  255,  256. 


Statements, 
filing  of. 


A  society  subject  to  this  section  shall  within  thirty  days 
after  a  written  request  therefor  by  the  commissioner  file  with 
him  a  financial  statement,  in  such  form  and  detail  and  of 
such  date  as  he  may  prescribe,  signed  and  sworn  to  by  its 
president  and  secretary  and  treasurer;  and  it  shall  annu- 
ally on  or  before  March  first  file  with  the  commissioner  a 
financial  statement,  in  such  form  and  detail  as  he  shall  pre- 
scribe and  as  of  December  thirty-first  next  preceding,  certi- 
fied to  by  its  president  and  secretary  and  treasurer,  showing 
its  assets  and  Habilities,  the  names  of  banks  used  as  deposi- 
tories, and  its  total  membership. 

Approved  June  2,  1939. 


Chap. 255  ^^  ^^t  further  regulating  the  hours  of  labor  of 

CERTAIN  minors  IN  CERTAIN  TRADES  AND  OCCUPATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-six  of  chapter  one  hundred  and  forty-nine 
of  the  General  Laws,  as  most  recently  amended  by  section 
two  of  chapter  one  hundred  and  seventy  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  is  hereby  further  amended  by 
striking  out,  in  the  fifth  line,  the  word  "five"  and  inserting 
in  place  thereof  the  word :  —  six,  —  so  as  to  read  as  fol- 
lows :  —  Section  66.  No  person  shall  employ  a  boy  under 
eighteen  or  a  girl  under  twenty-one  or  permit  such  a  boy 
or  girl  to  work  in,  about  or  in  connection  with  any  estab- 
lishment or  occupation  named  in  section  sixty  before  six 
o'clock  in  the  morning  or  after  ten  o'clock  in  the  evening, 
or  in  the  manufacture  of  textile  goods  or  leather  after  six 
o'clock  in  the  evening;  provided,  that  girls  under  twenty- 
one  may  be  employed  as  operators  in  regular  service  tele- 
phone exchanges  until,  but  not  after,  eleven  o'clock  in  the 
evening  and  provided,  further,  that  nothing  herein  shall 
authorize  the  employment  of  girls  under  twenty-one  in  any 
capacity  in  manufacturing  or  mechanical  establishments  in 
violation  of  section  fifty-nine.  Approved  June  2,  1939. 


G.  L.  (Ter. 
Ed.),  149,  §  66, 
etc.,  amended. 


Hours  of 
labor  of 
certain  minors. 


Chap 


G.  L.  (Ter. 
Ed.),  31,  §  4, 
etc.,  amended. 


Police 
matrons. 


G.  L.  (Ter. 


256  An  Act  including  within  the  classified  civil  service 
matrons  of  police  departments  in  cities  having  over 
thirty  thousand  inhabitants. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  thirty-one  of  the 
General  Laws,  as  most  recently  amended  by  section  thirteen 
of  chapter  two  hundred  and  thirty-eight  of  the  acts  of  the 
current  year,  is  hereby  further  amended  by  adding  at  the 
end  the  following  new  paragraph :  — 

Matrons  of  police  departments  in  cities  having  more  than 
thirty  thousand  inhabitants. 

Section  2.      Section   nineteen   of   chapter   one   hundred 


amended^.'  ^  ^^'  ^^^  forty-scveu  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  inserting  after 
the  word  "made"  in  the  fourth  line  the  following  new  sen- 


Acts,  1939.  —  Chap.  257.  237 

tence :  —  The  two  preceding  sentences  shall  not  apply  to  Limitation 
police  matrons  in  cities  having  more  than  thirty  thousand  °^  sections. 
inhabitants. 

Section  3.     The  incumbents,   on  the  effective  date  of  Temporary 
this  act,  of  the  positions  of  matron  of  the  police  department  p"""^'^'""®- 
in  every  city  having  more  than  thirty  thousand  inhabitants 
may  continue  to  serve  as  such  without  taking  a  civil  service 
examination,  and  their  tenure  of  office  shall  be  unlimited, 
subject,  however,  to  the  civil  service  laws. 

Approved  June  2,  1939. 

An  Act  to  extend  the  concurrent  jurisdiction  of  the  njin^^  9i^7 
SUPERIOR  COURT.  i^nap.zoi 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  thirteen  of  the  g.  i,.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  ^etlons  lAand 
one,   as  appearing  in  the  Tercentenary  Edition,   the  two  ib,  inserted. 
following  new  sections:  —  Section  1  A.     The  superior  court  Concurrent 
shall  have  original  jurisdiction,  concurrently  with  the  supreme  superior 'court. 
judicial  court,  of  all  proceedings  relating  to  habeas  corpus, 
certiorari,  quo  warranto  and  informations  in  the  nature  of  a 
quo  warranto,  mandamus  (except  a  writ  of  mandamus  to  a 
court  or  a  judicial  officer),  and  also  of  all  matters  relating  to 
the  dissolution  of  corporations,  and  of  all  cases  and  matters  of 
equity  of  which  the  supreme  judicial  court  has  had  exclusive 
original  jurisdiction  under  section  two  of  chapter  two  hun- 
dred and  fourteen  or  otherwise,  other  than  cases  arising  under 
the  statutes  relating  to  insolvency  of  which  general  super- 
intendence and  jurisdiction  are  given  to  it  by  those  statutes, 
or  arising  under  section  five  of  chapter  twenty-five,  relating 
to  the  department  of  public  utilities,  or  under  section  thirteen 
of  chapter  fifty-eight  A,  relating  to  the  appellate  tax  board, 
or  under  chapter  one  hundred  and  sixty-seven,  relating  to 
banks  and  banking,  or  under  paragraph  (F)  of  section  twelve 
of  chapter  three  hundred  and  seventy-six  of  the  acts  of 
nineteen  hundred  and  thirty-four,  as  amended  by  section 
five  of  chapter  four  hundred  and  twenty-eight  of  the  acts 
of  nineteen  hundred  and  thirty-seven,  relating  to  the  milk 
control  board. 

Section  IB.  Questions  of  law  arising  in  any  proceedings  Reports  to 
of  which  jurisdiction  is  vested  in  the  superior  court  by  section  ^'^"  '^°"''*' 
one  A  may  be  reserved  and  reported  to  the  supreme  judicial 
court  for  the  consideration  of  the  full  court  in  the  manner 
provided  in  section  one  hundred  and  eleven  of  chapter  two 
hundred  and  thirty-one  if  such  proceedings  are  at  law  and 
in  the  manner  provided  in  sections  thirty  and  thirty-one  of 
chapter  two  hundred  and  fourteen  if  such  proceedings  are  in 
equity,  and  section  thirty-two  of  said  chapter  two  hundred 
and  fourteen  shall  apply  to  proceedings  within  the  concurrent 
jurisdiction  provided  for  by  said  section  one  A. 

Section  2.     This  act  shall  take  effect  on  October  first  in  Effective  date. 
the  current  year.  Approved  June  2,  1939. 


238  Acts,  1939.  —  Chaps.  258,  259. 


Chap. 258  An  Act  regulating  the  appointment  of  the  messenger 

OF  THE  JUSTICES  OF  THE  SUPREME  JUDICIAL  COURT  IN 
SUFFOLK  COUNTY,  AND  FURTHER  REGULATING  THE  DUTIES 
AND  COMPENSATION  OF  SUCH  MESSENGER. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SECTION  1.     Section  seventy-six  of  chapter  two  hundred 

ftV.'^lnded!'  and  twenty-one   of  the  General  Laws,   as  most  recently 
amended  by  section  two  of  chapter  one  hundred  and  sixty- 
five  of  the  acts  of  the  current  year,  is  hereby  further  amended 
by  striking  out  the  first  sentence,  as  appearing  in  section 
three  of  chapter  one  hundred  and  eighty-two  of  the  acts  of 
nineteen  hundred  and  thirty-five,   and  inserting  in  place 
Messenger  of     thereof  the  two  following  sentences :  —  In  addition  to  the 
of1;hrsupTeme  amouut  of  Salary  payable  by  Suffolk  county,  fixed  under  the 
judicial  court,    provisious  of  sections  forty-nine  to  fifty-six,  inclusive,  of 
chapter  thirty-five,  to  the  messenger  of  the  justices  of  the 
supreme  judicial  court  in  said  county,  there  shall  annually 
be  paid  by  the  commonwealth  to  such  messenger  such  sum 
as  shall  be  determined  by  the  justices  of  said  court.    The 
messenger  of  the  justices  of  the  supreme  judicial  court  in 
Suffolk  county  shall  be  appointed  by  the  justices  of  said 
court  and  shall  also  act  as  a  clerical  assistant  of  said  justices. 
Section  2.     This   act   shall   become   operative   when   a 
sufficient  appropriation  therefor  has  been  made,  and  then  as 
of  January  first  in  the  current  year. 

Approved  June  2,  1939. 


Chap. 259  An  Act  authorizing  the  city  of  medford  to  reimburse 

THOMAS  H.  JOHNSTON,  A  TEACHER  IN  THE  SCHOOL  DEPART- 
MENT OF  SAID  CITY,  FOR  MONEY  PAID  BY  HIM  IN  DEFENSE 
OF  A  CERTAIN  ACTION  AT  LAW  BROUGHT  AGAINST  HIM, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  city  of  Medford  may  pay  to  Thomas  H. 
Johnston  a  sum  not  exceeding  three  hundred  and  twenty- 
three  dollars  and  ten  cents  to  reimburse  him  for  money  paid 
for  expenses  of  defense  of  an  action  at  law  arising  out  of  the 
performance  of  his  duties  as  a  teacher  in  the  school  depart- 
ment of  said  city  and  brought  against  him,  as  an  individual, 
in  the  superior  court  for  Middlesex  county. 

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,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  June  2,  1939. 


Acts,  1939.  —  Chaps.  260,  261.  239 


An  Act  abolishing  the  second  medical  examiner  district  QJidqj  260 

OF  THE  COUNTY  OF  NORFOLK  AND  PLACING  THE  TOWN  OF 
COHASSET  IN  THE  FOURTH  MEDICAL  EXAMINER  DISTRICT  OF 
SAID    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chaplsr  thirty-eight  of  the  General  Laws,  o.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amendld.^  ^' 
by  striking  out,  in  the  seventy-first  line,  the  words  "district 
two,  Cohasset;"  and  by  inserting  after  the  word  "Brain- 
tree"  in  the  seventy-second  and  seventy-third  lines  the  word: 
— ,  Cohasset,  —  so  that  the  paragraph  included  in  the 
seventieth  to  the  seventy-sixth  line,  inclusive,  will  read  as 
follows :  — 

Norfolk  county,  district  one,  comprising  Dedham,  Need-  Medical 
ham,  Wellesley,  Westwood,  Norwood  and  Dover;    district  fn  No"foVk^'°' 
three,  Quincy,  Milton  and  Randolph;    district  four,  Wey-  ""^^y- 
mouth,   Braintree,   Cohasset  and  Holbrook;    district  five, 
Avon,  Stoughton,   Canton,   Walpole  and  Sharon;    district 
six,  FrankUn,  Foxborough,  Plainville  and  Wrentham;    dis- 
trict seven,  jMedway,  Medfield,  Millis,  Norfolk  and  BelHng- 
ham;  and  district  eight,  Brookline. 

Approved  June  2,  1939. 


An  Act  placing  under  one  director  the  division  of  (jJiQ^rf  261 

STANDARDS    AND    THE    DIVISION    ON    THE    NECESSARIES    OF  ^' 

LIFE  IN  THE  DEPARTMENT  OF  LABOR  AND  INDUSTRIES, 
AND  AUTHORIZING  THE  ESTABLISHMENT  OF  ONE  OR  MORE 
EMERGENCY    COMMISSIONS    UNDER    CERTAIN    CONDITIONS. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  twenty-three  of  the  g.  l.  (Xer. 
General  Laws,  as  most  recently  amended  by  section  two  of  ftc'^'amendtd 
chapter  four  hundred  and  seventy-nine  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  further  amended  by  strik- 
ing out,  in  the  fourth  fine,  the  word  "six"  and  inserting  in 
place  thereof  the  word :  —  five,  —  and  by  striking  out  the 
sentence  appearing  in  the  fifth  to  the  eleventh  fines,  inclu- 
sive, and  inserting  in  place  thereof  the  following :  —  One  of 
them,  to  be  known  as  the  director  of  standards  and  neces- 
saries of  fife,  shall  have  charge  of  the  division  of  standards 
and  of  the  division  on  the  necessaries  of  life,  and  each  of  the 
others  shall  be  assigned  to  take  charge  of  a  division,  other 
than  the  division  of  pubfic  employment  offices,  —  so  that 
the  first  two  sentences  will  read  as  follows :  —  The  commis-  Directors 
sioner,  assistant  commissioner  and  associate  commissioners  appo^ntlL 
may,  with  the  approval  of  the  governor  and  council,  appoint. 


238  Acts,  1939.  —  Chaps.  258,  259. 


Chap. 258  An  Act  regulating  the  appointment  of  the  messenger 
OF  the  justices  of  the  supreme  judicial  court  in 

SUFFOLK  county,  AND   FURTHER  REGULATING  THE   DUTIES 
AND  COMPENSATION  OF  SUCH  MESSENGER. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SECTION  1.     Section  seveiity-six  of  chapter  two  hundred 

^ttl'ameAded!''  and  twenty-one   of  the   General  Laws,   as  most   recently 

amended  by  section  two  of  chapter  one  hundred  and  sixty- 

j5ve  of  the  acts  of  the  current  year,  is  hereby  further  amended 

by  striking  out  the  first  sentence,  as  appearing  in  section 

three  of  chapter  one  hundred  and  eighty-two  of  the  acts  of 

nineteen  hundred  and  thirty-five,   and  inserting  in  place 

Messenger  of     thcrcof  the  two  f  ollowiug  Sentences :  —  In  addition  to  the 

oflhelipTeme   amount  of  salary  payable  by  Suffolk  county,  fixed  under  the 

judicial  court,    provisious  of  sections  forty-nine  to  fifty-six,  inclusive,  of 

chapter  thirty-five,  to  the  messenger  of  the  justices  of  the 

supreme  judicial  court  in  said  county,  there  shall  annually 

be  paid  by  the  commonwealth  to  such  messenger  such  sum 

as  shall  be  determined  by  the  justices  of  said  court.    The 

messenger  of  the  justices  of  the  supreme  judicial  court  in 

Suffolk  county  shall  be  appointed  by  the  justices  of  said 

court  and  shall  also  act  as  a  clerical  assistant  of  said  justices. 

Section  2.     This   act   shall   become   operative   when   a 

sufficient  appropriation  therefor  has  been  made,  and  then  as 

of  January  first  in  the  current  year. 

Approved  June  2,  1939. 


Chap. 259  An  Act  authorizing  the  city  of  medford  to  reimburse 

THOMAS  H.  JOHNSTON,  A  TEACHER  IN  THE  SCHOOL  DEPART- 
MENT OF  SAID  CITY,  FOR  MONEY  PAID  BY  HIM  IN  DEFENSE 
OF  A  CERTAIN  ACTION  AT  LAW  BROUGHT  AGAINST  HIM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  city  of  Medford  may  pay  to  Thomas  H. 
Johnston  a  sum  not  exceeding  three  hundred  and  twenty- 
three  dollars  and  ten  cents  to  reimburse  him  for  money  paid 
for  expenses  of  defense  of  an  action  at  law  arising  out  of  the 
performance  of  his  duties  as  a  teacher  in  the  school  depart- 
ment of  said  city  and  brought  against  him,  as  an  individual, 
in  the  superior  court  for  Middlesex  county. 

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,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  June  ; 


Acts,  1939.  —  Chaps.  260,  261.  239 


An  Act  abolishing  the  second  medical  examiner  district  Chap.2Q() 

OF  the  county  of  NORFOLK  AND  PLACING  THE  TOWN  OF 
COHASSET  IN  THE  FOURTH  MEDICAL  EXAMINER  DISTRICT  OF 
SAID    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chaplsr  thirty-eight  of  the  General  Laws,  o.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amende^d.^  ^' 
by  striking  out,  in  the  seventy-first  Hne,  the  words  "district 
two,  Cohasset;"  and  by  inserting  after  the  word  "Brain- 
tree"  in  the  seventy-second  and  seventy-third  lines  the  word: 
— ,  Cohasset,  —  so  that  the  paragraph  included  in  the 
seventieth  to  the  seventy-sixth  line,  inclusive,  will  read  as 
follows :  — 

Norfolk  county,  district  one,  comprising  Dedham,  Need-  ^^1^?^^^.  ^^^ 
ham,  Wellesley,  Westwood,  Norwood  and  Dover;    district  fn  Norfolk^ "" 
three,  Quincy,  Milton  and  Randolph;    district  four,  Wey-  ''°'^^y- 
mouth,   Braintree,   Cohasset  and  Holbrook;    district  five, 
Avon,  Stoughton,   Canton,   Walpole  and  Sharon;    district 
six,  Franklin,  Foxborough,  Plainville  and  Wrentham;    dis- 
trict seven,  Medway,  Medfield,  Millis,  Norfolk  and  Belling- 
ham;  and  district  eight,  Brookline. 

Approved  June  2,  1939. 


An  Act  placing  under  one  director  the  division  of  QJidr^  261 

STANDARDS    AND    THE    DIVISION    ON    THE    NECESSARIES    OF  ^' 

LIFE  IN  THE  DEPARTMENT  OF  LABOR  AND  INDUSTRIES, 
AND  AUTHORIZING  THE  ESTABLISHMENT  OF  ONE  OR  MORE 
EMERGENCY    COMMISSIONS    UNDER    CERTAIN    CONDITIONS. 

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  folio ws: 

Section  1.     Section  four  of  chapter  twenty-three  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  two  of  ftti'amendtd. 
chapter  four  hundred  and  seventy-nine  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  further  amended  by  strik- 
ing out,  in  the  fourth  line,  the  word  "six"  and  inserting  in 
place  thereof  the  word :  —  five,  —  and  by  striking  out  the 
sentence  appearing  in  the  fifth  to  the  eleventh  lines,  inclu- 
sive, and  inserting  in  place  thereof  the  following:  —  One  of 
them,  to  be  known  as  the  director  of  standards  and  neces- 
saries of  hfe,  shall  have  charge  of  the  division  of  standards 
and  of  the  division  on  the  necessaries  of  life,  and  each  of  the 
others  shall  be  assigned  to  take  charge  of  a  division,  other 
than  the  division  of  public  employment  offices,  —  so  that 
the  first  two  sentences  will  read  as  follows :  —  The  commis-  Directors 
sioner,  assistant  commissioner  and  associate  commissioners  appo^ntlL. 
may,  with  the  approval  of  the  governor  and  council,  appoint, 


242 


Acts,  1939.  —Chap.  261. 


G.  L.  (Ter. 
Ed.),  94,  §  98, 
amended. 


Sale  of  berries, 
regulated. 


G.  L.  (Ter. 
Ed.),  94,  §  ! 
amended. 


Standard 
box,  etc. 


not  more  than  three  gallons  of  pickle.  If  the  purchaser  and 
seller  disagree  as  to  the  quantity  in  a  barrel,  either  party 
may  have  it  measured  by  the  director  of  standards  and 
necessaries  of  life  or  a  sealer  of  weights  and  measures.  If  such 
barrel  does  not  contain  the  said  number  of  gallons  of  clams, 
the  seller  shall  receive  payment  for  the  number  of  gallons  of 
clams  it  does  contain,  but  shall  pay  the  expense  of  measur- 
ing and  coopering;  otherwise  the  purchaser  shall  pay  such 
expense. 

Section  8.  Section  ninety-eight  of  said  chapter  ninety- 
four,  as  so  appearing,  is  hereby  amended  by  inserting  after 
the  word  ''standards"  in  the  eighth  line  the  words:  —  and 
necessaries  of  life,  —  so  as  to  read  as  follows :  —  Section  98, 
Baskets  or  other  receptacles  holding  one  quart  or  less  which 
are  used  or  intended  to  be  used  in  the  sale  of  strawberries, 
blackberries,  cherries,  currants,  blueberries,  raspberries  or 
gooseberries  shall  be  of  the  capacity  of  one  quart,  one 
pint  or  one  half  pint,  Massachusetts  standard  dry  measure. 
Said  baskets  or  other  receptacles  shall  not  be  required  to  be 
tested  and  sealed  as  provided  by  chapter  ninety-eight,  but 
the  sealer  or  deputy  sealer  of  weights  and  measures  of  any 
town  or  the  director  of  standards  and  necessaries  of  life  may, 
if  he  so  desires,  and  shall,  upon  complaint,  test  the  capacity 
of  any  basket  or  other  receptacle  in  which  any  of  the  afore- 
said fruit  is  sold  or  intended  to  be  sold;  and  if  the  same  is 
found  to  contain  less  than  the  standard  measure  he  shall 
seize  the  same  and  make  complaint  against  the  vendor. 

Whoever  sells  or  offers  for  sale  a  basket  or  other  receptacle 
holding  one  quart  or  less  to  be  used  in  the  sale  of  any  of 
the  aforesaid  fruit  which  does  not  conform  to  said  standard, 
and  whoever  sells  or  offers  for  sale  any  of  the  aforesaid  fruit 
in  any  basket  or  other  receptacle  holding  one  quart  or  less 
which  does  not  conform  to  said  standard,  shall  be  punished 
by  a  fine  of  not  less  than  five  nor  more  than  ten  dollars. 

Section  9.  Section  ninety-nine  A  of  said  chapter  ninety- 
four,  as  so  appearing,  is  hereby  amended  by  inserting  after 
the  word  "standards"  in  the  twenty-second  line  the  words: 
—  and  necessaries  of  life,  —  so  as  to  read  as  follows :  — 
Section  99 A.  The  Massachusetts  standard  box  for  farm 
produce  sold  at  wholesale,  except  as  otherwise  provided,  shall 
contain  two  thousand  one  hundred  fifty  and  forty-two  one 
hundredths  cubic  inches  and  shall  be  of  the  following  dimen- 
sions by  inside  measurements :  seventeen  and  one  half  inches 
in  length  by  seventeen  and  one  half  inches  in  width  and 
seven  and  one  sixteenth  inches  in  depth.  The  Massachu- 
setts standard  half  box  for  farm  produce  sold  at  wholesale 
shall  contain  one  thousand  seventy-five  and  twenty-one  one 
hundredths  cubic  inches  and  shall  be  of  the  following  dimen- 
sions by  inside  measurements:  twelve  and  three  eighths 
inches  in  length  by  twelve  and  three  eighths  inches  in  width 
and  seven  and  one  sixteenth  inches  in  depth.  When  the 
above  specified  boxes  are  made  of  wood  the  ends  shall  be 
not  less  than  five  eighths  inches  in  thickness  and  the  sides 


Acts,  1939. —Chap.  261.  243 

and  bottom  not  less  than  three  eighths  inches  in  thickness. 
All  such  boxes  and  half  boxes  of  the  dimensions  specified 
herein  shall  be  marked  on  at  least  one  outer  side  in  bold,  un- 
condensed  capital  letters,  not  less  than  one  inch  in  height :  — 
Standard  Box  Farm  Produce,  —  and,  —  Standard  Half  Box 
Farm  Produce,  —  respectively.  Whoever  marks  or  other- 
wise represents  any  box  or  half  box  to  be  a  standard  box  or 
half  box  for  the  sale  of  farm  produce  at  wholesale  shall,  unless 
such  box  or  half  box  complies  with  every  specification  and 
requirement  of  this  section,  be  punished  by  a  fine  of  not 
more  than  fifty  dollars.  The  director  of  standards  and  neces- 
saries of  life  in  the  department  of  labor  and  industries,  his 
inspectors  and  the  sealers  and  deputy  sealers  of  weights  and 
measures  in  cities  and  towns  shall  enforce  the  provisions  of 
this  section. 

Section  10.    Section  one  hundred  and  eighty-one  of  said  Ed^'gJlisi 
chapter  ninety-four,  as  so  appearing,  is  hereby  amended  by  ameAded. 
inserting  after  the  word  "standards"  in  the  tenth  fine  the 
words :  —  and  necessaries  of  Hf e,  —  so  as  to  read  as  follows : 

—  Section  181.     Subject  to  the  variations,  tolerances  and  Net  quantity 
exemptions  provided  for  by  the  following  section,  no  person  catedon'' 
shall  himself  or  by  his  agent  or  servant  sell  or  offer  for  sale  container. 
food  in  package  form  unless  the  net  quantity  of  the  con- 
tents is  plainly  and  conspicuously  marked  on  the  outside  of 

the  package  in  terms  of  weight,  measure  or  numerical  count. 
This  section  shall  not  apply  to  retail  sales  of  food  made  from 
bulk  if  the  quantity  is  weighed,  measured  or  counted  at  the 
time  of  such  sale  by  the  retailer,  nor  to  the  sale  of  milk, 
cream  or  buttermilk  in  glass  jars,  as  provided  by  section  fif- 
teen of  chapter  ninety-eight. 

The  director  of  standards  and  necessaries  of  Hfe  shall  en- 
force this  and  the  three  following  sections. 

Section  11.    Section  one  hundred  and  eighty-two  of  said  o- l.  (Ten 
chapter  ninety-four,  as  so  appearing,  is  hereby  amended  by  ameAde^d   ^^^' 
inserting  after  the  word  "standards"  in  the  first  line  the 
words:  —  and  necessaries  of  life,  —  so  as  to  read  as  follows: 

—  Section  182.    The  director  of  standards  and  necessaries  of  Tolerances, 
life  shall  adopt  the  variations,  tolerances  and  exemptions  ''*''■ 
established,  or  hereafter  established,  by  rules  and  regulations 
provided  for  by  section  three  of  the  act  of  congress  mentioned 

in  section  one  hundred  and  ninety-two,  with  such  further 
reasonable  variations,  tolerances  and  exemptions  not  covered 
by  the  rules  and  regulations  of  said  section  as  he  deems  ex- 
pedient. 

Section  12.    Section  one  hundred  and  eighty-four  of  said  ^A)' ol^l'iu 
chapter  ninety-four,  as  so  appearing,  is  hereby  amended  by  amended, 
inserting  after  the  word  "standards"  in  the  third  and  in  the 
twelfth  lines,  in  each  instance,  the  words:  —  and  necessaries 
of  life,  —  so  as  to  read  as  follows:  —  Section  184.    Prosecu-  Hearing  before 
tions  under  the  preceding  section  shall  not  be  commenced  p'"osecution. 
until  the  party  concerned  is  notified  and  given  an  oppor- 
tunity to  be  heard  before  the  director  of  standards  and  neces- 
saries of  life.     No  dealer  shall  be  prosecuted  thereunder  if 


244 


Acts,  1939. —Chap.  261. 


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


Standard 
sizes  for 
anthracite 
coal. 


G.  L.  (Ter. 
Ed.),  94,  §245, 
etc.,  amended. 

Sealer  may 
direct  goods 
to  be  weighed. 


G.  I,.  (Ter. 
Ed.),  94,  §  248, 
etc.,  amended. 


Penalty 
for  certain 
offences. 


he  establishes  a  guaranty,  signed  by  the  wholesaler,  jobber, 
manufacturer,  dealer  or  other  person  residing  in  the  United 
States,  from  whom  he  purchased  such  articles,  that  they  are 
correctly  marked  or  labelled  under  section  one  hundred  and 
eighty-one,  designating  it,  and  containing  the  name  and  ad- 
dress of  such  vendor,  but  in  that  case  such  guarantor  shall 
be  liable  to  prosecution  and  to  the  penalties  provided  by 
section  one  hundred  and  eighty-three.  If  section  one  hun- 
dred and  eighty-one  has  been  violated  and  the  guarantor  is 
without  the  commonwealth,  no  action  shall  be  brought,  but 
the  director  of  standards  and  necessaries  of  life  shall  report 
the  facts  to  the  proper  national  authorities. 

Section  13.  Section  two  hundred  and  thirty-nine  A  of 
said  chapter  ninety-four,  as  so  appearing,  is  hereby  amended 
by  inserting  after  the  word  "standards"  in  the  first  line  the 
words :  —  and  necessaries  of  life,  —  so  as  to  read  as  follows : 
—  Section  239 A .  The  director  of  standards  and  necessaries 
of  life  shall  from  time  to  time  by  rule  or  regulation  establish 
standard  sizes  for  anthracite  coal  offered  for  sale  within 
the  commonwealth,  with  variances  or  tolerances  not  to 
exceed  five  per  cent  determined  by  weight. 

Section  13A.  Section  two  hundred  and  forty-five  of 
said  chapter  ninety-four,  as  amended  by  section  two  of 
chapter  ninety-four  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  further  amended  by  inserting  after 
the  word  "standards"  in  the  first  line  the  words:  —  and 
necessaries  of  life. 

Section  14.  Section  two  hundred  and  forty-eight  of  said 
chapter  ninety-four,  as  amended  by  chapter  one  hundred 
and  eighty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
four,  is  hereby  further  amended  by  inserting  after  the  word 
"standards"  in  the  nineteenth  line  the  words:  —  and  neces- 
saries of  life,  —  so  as  to  read  as  follows:  —  Section  248. 
Whoever  violates  any  provision  of  sections  two  hundred 
and  forty  to  two  hundred  and  forty-seven,  inclusive,  if  no 
other  penalty  is  provided  therein,  or  of  a  rule  or  regulation 
made  under  section  two  hundred  and  thirty-nine  A,  or  fails 
to  comply  with  any  request  for  information  or  direction 
made  under  authority  of  sections  two  hundred  and  forty, 
two  hundred  and  forty-one,  two  hundred  and  forty-four 
to  two  hundred  and  forty-six,  inclusive,  or  gives  a  false 
answer  to  any  such  request,  shall  be  punished  by  a  fine  of 
not  more  than  fifty  dollars;  and  whoever  is  guilty  of  fraud 
or  deceit  as  to  the  weighing,  selling  or  delivering  of  coke, 
charcoal  or  coal,  or  whoever,  by  himself,  or  by  his  servant, 
agent  or  employee,  sells  or  delivers  or  attempts  to  sell  or 
deliver  coal  which  is  short  in  weight  or  which  contains  an 
unreasonable  amount  of  shale,  slate,  rock  or  other  foreign 
substance,  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisomnent  for  not  more  than  one 
year,  or  both.  The  director  of  standards  and  necessaries  of 
life  and  local  sealers  of  weights  and  measures  shall  cause 
sections  two  hundred  and  forty  to  two  hundred  and  forty- 


Acts,  1939. —Chap.  261.  245 

nine,  inclusive,  and  rules  and  regulations  made  under  sec- 
tion two  hundred  and  thirty-nine  A,  to  be  enforced. 

Section  15.     Section  two  hundred  and  forty-nine  A  of  g^j^-^p""- 
chapter  ninety-four  of  the  General  Laws,  as  appearing  in  §'249a,  ' 
the  Tercentenary  Edition,  is  hereby  amended  by  inserting  amended. 
after  the  word  "standards"  in  the  second  line  the  words:  — 
and  necessaries  of  life,  —  so  as  to  read  as  follows :  —  Sec-  inspection  of 
Hon  349 A.    The  department  of  public  health,  local  boards  of  °°^'  regulated, 
health,  the  director  of  standards  and  necessaries  of  life  and 
local  sealers  of  weights  and  measures,  by  themselves  or  by 
their  authorized  agents,  may  enter  each  place  where  coal  is 
stored  or  kept  for  sale  and  each  railroad  train  or  car  or  any 
vehicle  used  for  its  conveyance  and  may  inspect  said  coal 
or  take  therefrom  samples  for  analysis  or  inspection.     Said 
department  or  board  shall  cause  each  sample  taken  to  be 
analyzed,  inspected  or  otherwise  satisfactorily  tested  and 
shall  record  and  preserve  as  evidence  the  results  thereof. 
If,  in  the  opinion  of  said  department  or  board,  upon  inspec- 
tion, analysis  or  other  satisfactory  test,  said  coal  is  unfit  for 
ordinary  use,  said  department,  or  said  board  with  the  ap- 
proval of  said  department,  may  condemn,  seize  and  cause 
the  same  to  be  destroyed  forthwith  or  disposed  of  otherwise 
than  for  ordinary  use.    All  money  received  by  said  depart- 
ment or  board  for  coal  disposed  of  as  aforesaid,  after  deduct- 
ing the  expenses  of  said  seizure  and  disposal,  shall  be  paid 
to  the  owner  of  such  coal. 

Section  16.     Section  two  hundred  and  forty-nine  B  of  g.  l.  (Ter. 
said  chapter  ninety-four,  as  so  appearing,  is  hereby  amended  ^249!^' 
by  inserting  after  the  word  "standards"  in  the  third  line  ^^'^nded. 
the  words :  —  and  necessaries  of  life,  —  so  as  to  read  as  fol- 
lows :  —  Section  249B.     Any  person  who  hinders,  obstructs  interference 
or  interferes  with  the  department  of  public  health,  local  "^'^^^  officials. 
boards  of  health,  the  director  of  standards  and  necessaries  Penalty, 
of  life,  local  sealers  of  weights  and  measures,  or  their  author- 
ized agents,  in  the  performance  of  their  duty  under  the 
preceding  section,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars  or  by 
imprisonment  for  not  less  than  one  month  nor  more  than 
one  year,  or  both. 

Section  17.     Section  two  hundred  and  forty-nine  F  of  g.  l.  (Ter. 
said  chapter  ninety-four,  as  so  appearing,  is  hereby  amended  f  249!,^' 
by  inserting  after  the  word  "standards"  in  the  second  fine  amended. 
the  words :  —  and  necessaries  of  life,  —  so  as  to  read  as  fol- 
lows :  —  Section  249F.     The  department  of  pubhc  health,  Enforcement. 
local  boards  of  health,  the  director  of  standards  and  neces- 
saries of  life  and  local  sealers  of  weights  and  measures  shall 
cause  the  five  preceding  sections  to  be  enforced. 

Section  17A.     Section  two  hundred  and  forty-nine  G  of  ^^iMJ^""- 
said  chapter  ninety-four,  inserted  by  section  one  of  chapter  §  2490,  etc., 
ninety-four  of  the  acts  of  nineteen  hundred  and  thirty-three,  ^"'^nded. 
is  hereby  amended  by  inserting  after  the  word  "standards"  Ro^d material. 
the  first  time  it  appears  in  the  second  line  the  words :  —  and 
necessaries  of  life. 


246 


Acts,  1939. —Chap.  261. 


G.  L.  (Ter. 
Ed.),  94,  §283, 
amended. 

Slot  machines. 


G.  L.  (Ter. 
Ed.),  9.5,  §  1, 
amended. 


Measurers 
of  leather. 


G.  L.  (Ter. 
Ed.),  98,  § 
amended. 


G.  L.  (Ter. 
Ed.),  98,  §  22, 
amended. 

Cartons,  use 
of,  regulated. 


G.  L.  (Ter. 
Ed.),  99,  §  1, 
amended. 


Section  17B.  Section  two  hundred  and  eighty-three  of 
chapter  ninety-four  of  the  General  Laws,  as  appearing  in 
the  Tercentenary  Edition,  is  hereby  amended  by  inserting 
after  the  word  "standards"  in  the  eighth  hne  the  words:  — 
and  necessaries  of  hfe. 

Section  18.  Section  one  of  chapter  ninety-five  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "standards"  in  the  fourth  and  in  the 
fifth  lines,  in  each  instance,  the  words :  —  and  necessaries  of 
life,  —  so  as  to  read  as  follows :  —  Section  1 .  The  mayor  of 
a  city  or  the  selectmen  of  a  town,  upon  the  request  of  two 
or  more  voters  thereof,  shall  annually  appoint  one  or  more 
measurers  of  leather  who  have  been  certified  by  the  director 
of  standards  and  necessaries  of  life  as  fit  persons  for  such 
appointment,  and  who  shall  be  sworn  to  the  faithful  per- 
formance of  their  duty.  The  director  of  standards  and 
necessaries  of  hfe  may  at  any  time,  for  cause,  revoke  such 
certificate  of  fitness,  and  such  revocation  shall  immediately 
render  such  appointment  void. 

Section  19.  Section  one  of  chapter  ninety-eight  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "standards"  in  the  fourth  line  the 
words:  —  and  necessaries  of  life,  —  so  as  to  read  as  follows: 
—  Section  1 .  In  this  chapter  the  following  words,  unless  a 
different  meaning  is  required  by  the  context  or  is  specifi- 
cally prescribed,  shall  have  the  following  meanings : 

"Director",  director  of  standards  and  necessaries  of  life 
of  the  department  of  labor  and  industries. 

"Deputy",  deputy  sealer  of  weights  and  measures. 

"Inspector",  inspector  of  standards. 

"Sealer",  sealer  of  weights  and  measures. 

"Weighing  or  measuring  device",  all  weights,  measures, 
scales,  balance  beams,  vibrating  steelyards,  and  weighing  or 
measuring  devices  used  for  weighing  or  measuring  any  com- 
modity bought,  sold  or  exchanged  or  for  hire  or  reward, 
computing  scales  and  other  devices  having  a  device  for 
indicating  or  registering  the  price  as  well  as  the  weight  or 
measure  of  a  commodity  offered  for  sale,  taximeters  and 
other  forms  of  measuring  devices  used  upon  vehicles  for 
determining  the  cost  of  transportation;  and  all  machines 
and  other  forms  of  measuring  devices  used  or  intended  to  be 
used  for  determining  the  measurement  of  leather  bought, 
sold  or  offered  for  sale. 

Section  19A.  Section  twenty-two  of  said  chapter  ninety- 
eight,  as  so  appearing,  is  hereby  amended  by  striking  out, 
in  the  ninth  and  tenth  lines,  the  words  ",  with  the  words 
'Approved  by  the  Director  of  Standards  for  Massachu- 
setts',".—  and  inserting  after  the  word  "other"  in  the 
tenth  line  the  words :  —  words  and. 

Section  20.  Section  one  of  chapter  ninety-nine  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "standards"  in  the  ninth  hne  the 
words :  —  and  necessaries  of  hfe,  —  so  as  to  read  as  follows : 


Acts,  1939. —Chap.  261.  247 

—  Section  1 .  The  weights  and  measures  of  the  metric  system  Metric 
may  be  employed  and  used  in  the  commonwealth,  and  no  ^y^*^'"- 
contract  or  dealing  shall  be  deemed  invalid  and  no  pleading 
in  any  court  shall  be  open  to  objection  because  the  weights 
or  measures  are  stated  therein  in  terms  of  the  metric  system ; 
provided,  that  the  carat  weight  of  two  hundred  milUgrams, 
and  its  multiples  and  subdivisions,  shall  be  the  sole  legal 
standard  for  the  buying  and  selling  of  diamonds  and  other 
precious  stones.  The  metric  weights  and  measures  received 
from  the  United  States  and  now  in  the  custody  of  the  director 
of  standards  and  necessaries  of  life  may  be  used  as  authorized 
standards,  and  shall  in  no  case  be  removed  from  his  custody 
except  when  necessary  for  their  preservation  or  repair. 

Section  21.     Section  three  of  said  chapter  ninety-nine,  g.  l.  (Xer. 
as  so  appearing,  is  hereby  amended  by  inserting  after  the  amenlid.^  ^' 
word  "standards"  in  the  first  line  the  words:  —  and  neces- 
saries of  life,  —  so  as  to  read  as  follows :  —  Section  3.    The  Duties  of 
duties  of  the  director  of  standards  and  necessaries  of  life  ^'^^''^°^- 
and  the  duties  and  responsibilities  of  the  treasurer  of  each 
town,  with  respect  to  the  keeping,  care,  verification  and  use 
of  the  standard  weights  and  measures  of  the  metric  system, 
shall  be  the  same  as  those  established  by  law  with  respect 
to  other  standard  weights  and  measures. 

Section  22.    Section  four  of  said  chapter  ninety-nine,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  inserting  after  the  word  ameAde^d  ^  *' 
"standards"  in  the  first  hne  the  words:  —  and  necessaries  of 
life,  —  so  as  to  read  as  follows:  —  Section  4-    The  director  of  Sealing  of 
standards  and  necessaries  of  life  may  verify,  adjust  and  seal  wights,  etc. 
all  metric  weights  and  measures  brought  to  him  for  that 
purpose.    The  sealer  of  weights  and  measures  in  each  town 
which  has  received  the  standard  metric  weights  and  measures 
shall  verify,  adjust  and  seal  all  metric  weights  and  measures 
brought  to  him  for  that  purpose  from  within  the  county 
where  such  town  is  situated,  and  he  shall  receive  a  reason- 
able compensation  therefor;    but  he  shall  claim  no  fees  for 
any  sealing,  verification  or  adjustment  for  the  performance  of 
which  he  may  otherwise  receive  compensation  by  salary  paid 
by  the  town. 

Section  23.     Section  three  of  chapter  one  hundred  and  g.  l.  (Ter. 
one  of  the  General  Laws,  as  so  appearing,  is  hereby  amended  Amended.'  ^  ^' 
by  inserting  after  the  word  "standards"  in  the  fourth  hne 
the  words :  —  and  necessaries  of  life,  —  so  as  to  read  as  fol- 
lows :  —  Section  3.     Every  person  before  commencing  busi-  Transient 
ness  in  the  commonwealth  as  a  transient  vendor,  whether  as  HcensT'  ^**'" 
principal  or  agent,  shall  make  written  apphcation,  under 
oath,  for  a  state  license  to  the  director  of  standards  and  neces- 
saries of  life,  in  this  chapter  called  the  director,  stating  the 
names  and  residences  of  the  owners  or  parties  in  whose  in- 
terest said  business  is  to  be  conducted,  and  shall  make  a 
special  deposit  of  five  hundred  dollars  with  the  director  or 
shall  give  a  bond  in  the  sum  of  five  hundred  dollars,  payable 
to  the  director  and  his  successors,  with  sureties  approved  by 
the  director,  conditioned  upon  (1)  compHance  with  the  pro- 


248 


Acts,  1939.  —  Chap.  262. 


Certain 

terms 

defined. 


Temporary 
provisions. 


visions  of  this  chapter  relative  to  transient  vendors,  (2)  pay- 
ment of  all  fines  or  penalties  incurred  by  him  through  viola- 
tions of  such  provisions,  and  (3)  payment  or  satisfaction  of 
any  judgment  obtained  against  him  in  behalf  of  any  creditor 
whose  claim  arises  in  connection  with  the  business  done  under 
the  licensee's  state  license  and  who,  before  the  expiration  of 
sixty  days  from  the  return  or  surrender  of  said  license  or  the 
fihng  of  an  affidavit  of  its  loss,  shall  have  given  due  notice 
of  his  claim  to  the  director.  Thereupon,  upon  the  payment 
of  a  fee  of  twenty-five  dollars,  the  director  shall  issue  to  him 
a  state  license  authorizing  him  to  do  business  as  a  transient 
vendor.  Such  Hcense  shall  expire  one  year  from  the  date 
thereof  or  on  the  day  of  its  surrender  or  of  the  filing  of  an 
affidavit  of  its  loss,  if  it  is  earlier  surrendered  or  if  such  affi- 
davit is  earlier  filed.  Such  license  shall  contain  a  copy  of 
the  application  therefor  and  of  any  statements  required  un- 
der section  seven,  and  shall  not  be  transferable.  It  shall  not 
authorize  more  than  one  person  to  sell  goods,  wares  or  mer- 
chandise as  a  transient  vendor  either  by  agent  or  clerk  or  in 
any  other  way  than  in  his  own  proper  person,  but  a  licensee 
may  have  the  assistance  of  one  or  more  persons  in  conduct- 
ing his  business  who  may  aid  him  but  not  act  for  or  without 
him. 

Section  24.  When  used  in  any  statute,  rule  or  regula- 
tion, the  phrase  "director  of  standards"  or  "director  of  the 
division  on  the  necessaries  of  life",  or  any  words  connoting 
either  such  director,  shall  mean  the  director  of  standards  and 
necessaries  of  life  estabhshed  by  this  act,  unless  a  contrary 
intent  clearly  appears. 

Section  25.  On  and  after  the  effective  date  of  this  act 
the  division  of  standards  and  the  division  on  necessaries  of 
life  as  theretofore  constituted  shall  continue,  except  as  other- 
wise provided  in  this  act.  The  director  of  standards  in  office 
on  said  effective  date  shall  be  in  charge  of  the  division  of 
standards  and  the  division  on  necessaries  of  life,  under  the 
title  of  director  of  standards  and  necessaries  of  life,  and, 
subject  to  all  other  provisions  of  law,  shall  continue  to  hold 
office  in  accordance  with  the  terms  of  his  appointment,  ex- 
cept as  otherwise  provided  in  this  act. 

Approved  June  5,  1939. 


Chap.2Q2  An    Act    authorizing    the    county    commissioners    of 

PLYMOUTH  COUNTY  TO  MAKE  CERTAIN  IMPROVEMENTS 
AT  THE  PLYMOUTH  COUNTY  HOSPITAL  IN  THE  TOWN  OF 
HANSON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  constructing  quarters 
for  nurses  and  other  employees  at  the  Plymouth  county 
hospital  in  the  town  of  Hanson  and  of  enlarging  the  kitchen 
facilities  of  said  hospital,  the  county  commissioners  of 
Plymouth  county  may  expend  a  sum  not  exceeding  forty 
thousand  dollars. 


Acts,  1939.  —  Chap.  263.  249 

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,  forty  thou- 
sand dollars,  and  may  issue  notes  of  the  county  therefor, 
which  shall  bear  on  their  face  the  words,  Plymouth  County 
Hospital  Loan,  Act  of  1939,  and  such  notes  shall  be  payable 
in  not  more  than  five  years  from  their  dates.  Such  notes 
shall  be  signed  by  the  treasurer  of  the  county  and  counter- 
signed by  a  majority  of  the  county  commissioners.  Said 
securities  may  be  sold  at  pubhc  or  private  sale  upon  such 
terms  and  conditions  as  the  said  treasurer  and  county 
commissioners  may  deem  proper,  but  not  for  less  than  their 
par  value.  All  money  so  borrowed  shall  be  deposited  in  the 
county  treasury  and  the  county  treasurer  shall  pay  out  the 
same  as  ordered  by  the  county  commissioners.  The  county 
treasurer  shall  keep  a  separate  account  of  all  money  so  bor- 
rowed and  expended.  Indebtedness  under  this  act  shall, 
except  as  herein  provided,  be  subject  to  chapter  thirty-five 
of  the  General  Laws.  All  sums  necessary  to  meet  interest 
payments  on  notes  issued  under  this  act  and  payments  on 
account  of  principal  as  the  same  mature  shall  be  assessed 
upon  the  twenty-six  towns  and  one  city  of  said  county  con- 
stituting the  hospital  district,  with  other  assessments  made 
under  section  eighty-five  of  chapter  one  hundred  and  eleven 
of  the  General  Laws. 

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

Approved  June  5,  1939. 


An  Act  providing  for  gradual  reduction  of  the  num-  Qhav.^^Z 

BER  OF  licenses  TO  BE  GRANTED  IN  THE  CITY  OF  BOSTON 
FOR  THE  SALE  OF  ALL  ALCOHOLIC  BEVERAGES  TO  BE 
DRUNK  ON  THE  PREMISES. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  one  hundred  and  thirty-eight  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  ^tc.!'amfAded.'^' 
three  of  chapter  four  hundred  and  twenty-four  of  the  acts 
of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out  the  paragraph  contained  in  the 
one  hundred  and  sixth  to  the  one  hundred  and  eighteenth 
lines,  inclusive,  and  inserting  in  place  thereof  the  following :  — 

The  licensing  board  for  the  city  of  Boston  may  grant  eight  Reduction 
hundred  and  fifty  licenses  for  the  sale  of  all  alcoholic  bever-  °l  Bos'ton. 
ages  under  section  twelve;  provided,  that  no  further  original 
licenses  under  said  section  shall  be  granted  until  the  number 
of  licenses  outstanding  thereunder  shall  have  been  reduced 
to  less  than  seven  hundred  by  cancellation  or  revocation  or 
the  failure  of  holders  of  such  licenses  to  apply  for  renewals 
and  thereafter  licenses  thereunder  may  be  granted  only  up 


250  Acts,  1939.  —  Chaps.  264,  265. 

to  a  total  not  exceeding  seven  hundred.  Said  board  may- 
grant  three  hundred  and  five  Hcenses  for  the  sale  of  all  alco- 
holic beverages  under  section  fifteen;  provided,  that  no 
further  original  licenses  under  said  section  shall  be  granted 
until  the  number  of  licenses  outstanding  thereunder  shall 
have  been  reduced  to  less  than  two  hundred  and  fifty  by 
cancellation  or  revocation  or  the  failure  of  holders  of  such 
licenses  to  apply  for  renewals  and  thereafter  licenses  there- 
under may  be  granted  only  up  to  a  total  not  exceeding  two 
hundred  and  fifty.  The  number  of  licenses  for  the  sale  of 
wines  and  malt  beverages  only,  or  both,  in  the  said  city  shall 
not  exceed  three  hundred  and  twenty. 

Approved  June  5,  1939. 

Chap. 264  An  Act  relative  to  the  retirement  allowances  of 

CERTAIN    POLICE    OFFICERS   IN    CERTAIN    CITIES. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SECTION  1.     Sectiou  eighty- three  of  chapter  thirty- two 

^tt! 'amended,  of  the  General  Laws,  as  most  recentty  amended  by  section 
two  of  chapter  two  hundred  and  seventy-seven  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out  the  last  sentence  of  the  first  paragraph  and 
Retirement^  inserting  iu  place  thereof  the  following  sentence :  —  Every 
member  so  retired  shall  annually  receive  as  a  pension  one 
half  the  amount  of  the  highest  compensation  paid  since 
May  first,  nineteen  hundred  and  thirty-one  for  the  grade 
held  by  him  at  his  retirement,  such  amount  to  be  paid 
by  the  city,  which  shall  appropriate  money  therefor. 
Temporary  Section  2.    This  act  shall  apply  to  the  retirement  allow- 

provisions.  auccs  of  police  officers  retired  since  May  first,  nineteen  hun- 
dred and  thirty-one,  and  prior  to  the  effective  date  of  this 
act  as  well  as  to  those  retired  after  said  effective  date,  sub- 
ject, however,  to  section  eighty-five  C  of  chapter  thirty- 
two  of  the  General  Laws,  as  amended. 

Approved  June  6,  1939. 

Chap. 265  An  Act  providing  for  extensions  of  the  boundaries  of 

the    SHIRLEY   VILLAGE    WATER    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Chapter  one  hundred  and  nineteen  of  the 
acts  of  nineteen  hundred  and  three  is  hereby  amended  by 
adding  after  section  fourteen  the  following  new  section :  — 
Section  I4A.  Upon  a  petition  in  writing  addressed  to  said 
commissioners  requesting  that  certain  real  estate,  accu- 
rately described  therein,  located  in  said  town  and  abutting 
on  said  district  and  not  otherwise  served  by  a  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  the  district  to  be  called,  at  which  meeting  the 
voters  may  vote  on  the  question  of  including  said  real  estate 


allowances  for 
certain  police 


Acts,  1939.  —  Chaps.  266,  267.  251 

within  the  district.  If  a  majority  of  the  voters  present  and 
voting  thereon  vote  in  the  affirmative  the  district  clerk  shall 
within  ten  days  file  with  the  town  clerk  of  said  town  and 
with  the  state  secretary  an  attested  copy  of  said  petition 
and  vote,  and  thereupon  said  real  estate  shall  become  and 
be  part  of  the  district  and  shall  be  holden  under  this  act  in 
the  same  manner  and  to  the  same  extent  as  the  real  estate 
described  in  section  one. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1939. 

An  Act  extending  the  time  within  which  the  town  of  (jfiny  266 

RUTLAND    MAY    BORROW    MONEY    FOR    REMODELING    A    CER-  ^' 

TAIN   TOWN    BUILDING   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
forty-seven  of  the  acts  of  nineteen  hundred  and  thirty-four 
is  hereby  amended  by  striking  out,  in  the  fourth  line,  the 
word  "five"  and  inserting  in  place  thereof  the  word:  —  six, 
—  so  as  to  read  as  follows :  —  Section  1 .  For  the  purpose 
of  remodeling  the  town  building  used  for  town  hall,  library 
and  school  purposes,  the  town  of  Rutland  may  borrow, 
from  time  to  time  within  a  period  of  six  years  from  the 
passage  of  this  act,  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  thirty  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Rutland  Town  Building  Loan,  Act  of  1934. 
Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  paid  in  not  more  than  ten  years  from 
their  dates,  but  no  issue  shall  be  authorized  under  this  act 
unless  a  sum  equal  to  an  amount  not  less  than  ten  per  cent 
of  such  authorized  issue  is  voted  for  the  same  purpose  to 
be  raised  by  the  tax  levy  of  the  year  when  authorized.  In- 
debtedness incurred  under  this  act  shall  be  within  the  statu- 
tory limit  and  shall,  except  as  herein  provided,  be  subject 
to  chapter  forty-four  of  the  General  Laws,  exclusive  of  the 
limitation  contained  in  the  first  paragraph  of  section  seven 
thereof,  as  appearing  in  the  Tercentenary  Edition  thereof. 

Section  2.  This  act  shall  take  effect  as  of  April  first  in 
the  current  year.  Approved  June  8,  1939. 

An  Act  relative  to  the  tenure  of  office  of  the  in-  (JJkij)  267 

SPECTOR  of  public  BUILDINGS  IN  THE  CITY  OF  HOLYOKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  tenure  of  office  of  any  incumbent  of  the 
office  of  inspector  of  public  buildings  in  the  city  of  Holyoke 
shall  be  unlimited,  subject,  however,  to  the  civil  service 
laws  and  rules  and  regulations,  notwithstanding  any  provi- 
sion in  the  charter  of  said  city. 

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

Approved  June  8,  1939. 


252  Acts,  1939.  —  Chaps.  268,  269. 


Chap. 268  An  Act  relative  to  the  removal  of  members  of  the 

MUNICIPAL    GAS    AND    ELECTRIC    COMMISSION    IN    THE    CITY 
OP   HOLYOKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-three  of 
the  acts  of  nineteen  hundred  and  twenty-two  is  hereby 
amended  by  inserting  after  section  two  the  following  new 
section :  —  Section  2 A .  A  member  of  said  commission  may 
be  removed  for  cause  by  the  mayor,  with  the  approval  of  a 
majority  of  the  board  of  aldermen,  after  charges  preferred, 
reasonable  notice  thereof,  and  a  hearing  thereon  before  the 
mayor  and  a  hearing  thereon  before  the  board  of  aldermen, 
after  due  notice,  at  which  hearings  the  member  shall  be 
entitled  to  appear,  with  counsel,  and  be  heard,  with  any 
witnesses,  in  his  behalf.  Such  order  of  removal  shall  be 
filed  in  the  office  of  the  city  clerk  where  it  shall  be  open  to 
public  inspection.  The  board  of  aldermen  shall  act  finally 
upon  said  order  of  removal  within  fourteen  days  after  said 
filing  with  the  city  clerk.  The  office  of  such  commissioner 
shall  become  and  be  vacant  upon  the  filing  with  the  city 
clerk  of  such  order  of  removal  together  with  a  certified 
copy  of  affirmative  action  thereon  by  the  board  of  alder- 
men and  the  serving  of  copies  of  said  order  and  certified 
copy  upon  the  commissioner  so  removed,  either  personally, 
or  by  leaving  the  same  at  his  last  or  usual  place  of  residence. 
The  city  clerk  shall  keep  such  order  of  removal  and  certified 
copy  on  file  in  his  office  where  they  shall  be  open  to  public 
inspection.  Any  member  of  said  commission  may,  within 
seven  days  after  approval  of  his  removal  by  the  board  of 
aldermen,  apply  to  the  superior  court  for  a  review  of  the 
charges,  of  the  evidence  submitted  thereunder,  and  of  the 
findings  thereon  by  the  mayor.  Notice  of  the  entry  of  such 
application  shall  be  given  to  the  mayor  by  serving  upon  him 
an  attested  copy  thereof.  The  entry  fee,  costs,  and  all  pro- 
ceedings upon  such  appHcation  shall  be  according  to  the 
rules  regulating  the  trial  of  civil  causes.  The  court,  after 
a  hearing,  shall  affirm  or  revoke  the  order  of  the  mayor 
removing  such  member,  so  approved,  and  there  shall  be  no 
appeal  from  the  decision. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance, within  one  year  after  its  passage,  by  vote  of  the 
board  of  aldermen  of  the  city  of  Holyoke,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  June  8,  1939. 

Chap. 26^  An  Act  relative  to  certain  records  of  notices  of 
intention  of  marriage  and  of  marriages. 

Be  it  enacted,  etc.,  as  follows: 
G.L.(Ter.  Section  1.     Chapter  forty-six  of  the  General  Laws  is 

etc., 'amended.'   hereby  amended  by  striking  out  section  two  A,  as  amended 


Acts,  1939.  —  Chap.  269.  253 

by  section  one  of  chapter  seventy-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  and  inserting  in  place  thereof 
the  following :  —  Section  2 A .  Examination  of  records  and  ^^^CJ^^^^ 
returns  of  illegitimate  births,  or  abnormal  sex  births,  or  of  intention  of 
the  notices  of  intention  of  marriage  and  marriage  records  in  "^"1^^^-  etc 
cases  where  a  physician's  certificate  has  been  filed  under 
the  provisions  of  section  twenty  A  of  chapter  two  hundred 
and  seven,  or  of  copies  of  such  records  in  the  office  of  the 
state  secretary,  shall  not  be  permitted  except  upon  proper 
judicial  order,  or  upon  request  of  a  person  seeking  his  own 
birth  record,  or  his  attorney,  parent,  guardian,  or  conserva- 
tor, or  a  person  whose  official  duties,  in  the  opinion  of  the 
town  clerk  or  state  secretary,  as  the  case  may  be,  entitle  him 
to  the  information  contained  therein,  nor  shall  certified  copies 
thereof  be  furnished  except  upon  such  order,  or  the  request 
of  such  person. 

Section  2.     Section  seventeen  of  said  chapter  forty-six,  g.  l.  (Ter. 
as  amended  by  chapter  twelve  of  the  acts  of  nineteen  hun-  etc., 'amended'. 
dred  and  thirty-two,  is  hereby  further  amended  by  striking 
out  the  first  sentence  and  inserting  in  place  thereof  the  fol- 
lowing: —  The  clerk  of  each  town,  and  of  each  city  contain-  Copies  of 
ing  not  more  than  thirty  thousand  inhabitants,  annually,  on  ?rbe*senTto'^^ 
or  before  March  first,  the  clerks  of  cities  containing  more  state  secretary. 
than  thirty  thousand  and  less  than  one  hundred  thousand 
inhabitants,  annually,  on  or  befoi-e  April  first,  and  the  clerks 
of  cities  containing  one  hundred  thousand  inhabitants  or 
more,  annually,  on  or  before  May  first,  shall  transmit  to 
the  state  secretary  certified  copies  of  the  records  of  births 
occurring  therein,  and  of  marriages  solemnized,  during  the 
preceding  year,  with  certified  copies,  upon  blanks  provided 
by  him,  of  such  records  and  corrections  in  such  records  as 
have  not  been  previously  returned.     On  the  copy  of  the 
record  of  any  marriage  the  written  notice  of  intention  to  enter 
into  which  was  accompanied  by  a  certificate  under  section 
twenty  A  of  chapter  two  hundred  and  seven,  such  clerk  shall 
endorse  a  statement  that  such  notice  was  accompanied  by 
such  a  certificate. 

Section  3.    Chapter  two  hundred  and  seven  of  the  Gen-  g.  l.  (Ter. 
eral   Laws  is  hereby   amended   by  inserting  after  section  ne'w* 'section 
twenty,  as  amended,  the  following  new  section :  —  Section  2oa,  inserted. 
20 A.    Each  clerk  or  registrar  with  whom  a  notice  of  inten-  Certificate  of 
tion  of  marriage  is  filed  shall  at  the  same  time  receive,  if  it  certain'*c"ses 
is  presented  by  the  party  or  person  filing  such  notice  as  required. 
provided  in  sections  nineteen  and  twenty,  a  certificate  signed 
by  a  registered  physician  that  the  female  intending  such 
marriage  is  pregnant.     In  any  case  where  such  a  certificate 
has  been  received,  the  clerk  or  registrar,   when  issuing  a 
certificate  under  section  twenty-eight,  shall  note  thereon  the 
following:  —  Certificate  received  under  the  provisions  of  sec- 
tion twenty  A  of  chapter  two  hundred  and  seven  of  the 
General  Laws.  Approved  June  8,  1939. 


254 


Acts,  1939.  —  Chaps.  270,  271. 


G.  L.  (Ter. 
Ed.).  184. 
new  section 
17A,  inserted. 

Agreement 
for  purchase 
of  land,  etc., 
recording  of. 


Chap. 270  -^N  ^^'^  RELATIVE  TO  AGREEMENTS   FOR  THE  PURCHASE  AND 
SALE    OF   REAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eighty-four  of  the  General 
Laws  is  hereby  amended  by  inserting  after  section  seven- 
teen, as  appearing  in  the  Tercentenary  Edition,  the  follow- 
ing new  section :  —  Section  1 7 A .  No  agreement  for  the 
purchase  and  sale  of  real  estate  or  any  extension  thereof 
shall  be  received  for  record  in  any  registry  of  deeds  unless 
such  agreement  or  extension  thereof  is  acknowledged  by 
the  parties  agreeing  to  sell  such  real  estate  or  one  of  them. 
No  agreement  for  the  purchase  and  sale  of  real  estate  which 
is  recorded  shall  have  any  effect  as  against  persons  other 
than  the  parties  thereto  after  the  expiration  of  a  period  of 
ninety  days  from  the  date  provided  for  the  delivery  of  the 
deed  by  such  agreement,  or  by  such  agreement  as  extended, 
as  the  case  may  be,  unless  prior  to  the  expiration  of  such 
period  an  action  or  suit  shall  have  been  commenced  to  en- 
force such  agreement  and  a  memorandum  like  that  described 
in  section  fifteen  shall  have  been  recorded  in  said  registry  of 
deeds;  provided,  that  such  agreement  shall  not  be  deemed 
to  be  extended,  for  the  purposes  of  this  section,  by  any  instru- 
ment which  is  not  recorded  within  ninety  days  from  the  date 
provided  for  the  delivery  of  the  deed  by  such  agreement,  or 
by  such  agreement  as  last  previously  extended. 

Approved  June  8,  1939. 


G.  L.  (Ter. 
Ed.),  278,  §29, 
amended. 


Chap. 211  -^N  Act  relative  to  the  granting  of  new  trials  in  the 

SUPERIOR    COURT   IN    CERTAIN    CRIMINAL   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  seventy-eight  of 
the  General  Laws  is  hereby  amended  by  striking  out  sec- 
tion twenty-nine,  as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following :  —  Section  29. 
The  superior  court  may,  at  the  sitting  in  which  a  complaint 
or  indictment  is  tried,  or  within  one  year  thereafter,  upon 
motion  in  writing  of  the  defendant,  grant  a  new  trial  for  any 
cause  for  which  by  law  a  new  trial  may  be  granted,  or  if  it 
appears  to  the  court  that  justice  has  not  been  or  cannot  be 
done,  and  upon  such  terms  or  conditions  as  the  court  shall 
order.  Said  court  may  grant  a  new  trial  at  any  time  after 
said  year,  if  it  finds  that  the  certification  required  to  be 
made  of  the  transcript  of  the  evidence  in  a  case  tried  under 
sections  thirty-three  A  to  thirty-three  G,  inclusive,  cannot 
be  had  within  two  years  after  such  case  is  tried  and  that  the 
defendant  or  his  counsel  has  seasonably  performed  all  acts 
necessary  under  said  sections  toward  the  perfection  of  his 
appeal. 

Section  2.  This  act  shall  take  effect  on  October  first  in 
the  current  year.  Approved  June  8,  1939. 


Effective  date. 


Acts,  1939.  —  Chaps.  272,  273.  255 


An  Act  changing  the  name  of  the  state  infirmary  to  Chap. 272 

THE   TEWKSBURY   STATE   HOSPITAL   AND   INFIRMARY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  name  of  the  State  Infirmary  is  hereby 
changed  to  the  Tewksbury  State  Hospital  and  Infirmary. 

Section  2.  When  used  in  any  statute,  ordinance,  by- 
law, rule  or  regulation,  the  phrase  "State  Infirmary",  or 
any  words  connoting  the  same,  shall  mean  the  Tewksbury 
State  Hospital  and  Infirmary,  unless  a  contrary  intent 
clearly  appears.  Approved  June  8,  1939. 

An  Act  to  prohibit  the  employment  of  minors  under  Chap. 273 
fourteen  in  pool  or  billiard  rooms  and  in  certain 

STABLES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws  g^^{J(f^jgo 
is  hereby  amended  by  striking  out  section  sixty,  as  most  etc., 'amended.' 
recently  amended  by  section  one  of  chapter  one  hundred 
and  ninety-three  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,   and  inserting  in  place  thereof  the  following :  —  Section  Employment 
60.    Except  as  provided  in  section  sixty-nine,  no  person  shall  CLder^'fom-teen. 
employ  a  minor  under  fourteen  or  permit  him  to  work  in 
or  about  or  in  connection  with  any  factory,  work  shop, 
manufacturing,  mechanical  or  mercantile  establishment,  bar- 
ber shop,  bootblack  stand  or  establishment,  pool  or  billiard 
room,  stable,  garage,  brick  or  lumber  yard,  telephone  ex- 
change, telegraph  or  messenger  office,  or  in  the  construction 
or  repair  of  buildings,  or  in  any  contract  or  wage  earning  in- 
dustry carried  on  in  tenement  or  other  houses,  or  in  any 
radio  broadcasting  station  except  as  talent.    No  such  minor 
shall  be  employed  at  work  performed  for  wage  or  other  com- 
pensation, to  whomsoever  payable,  during  the  hours  when 
the  public  schools  are  in  session,  nor,  except  as  provided  in 
section  sixty-nine,  shall  be  employed  at  work  before  half  past 
six  o'clock  in  the  morning  or  after  six  o'clock  in  the  evening. 

This  section  shall  not  be  deemed  to  prohibit  minors  under 
fourteen  from  taking  part  on  the  stage  for  a  limited  period 
in  a  play  or  musical  comedy  in  a  theatre  wherein  not  more 
than  two  performances  are  given  in  any  one  day  and  not 
more  than  eight  performances  are  given  in  any  one  week 
if  the  commissioner,  after  being  satisfied  that  the  supervision 
of  such  minors  is  adequate,  that  their  living  conditions  are 
healthful  and  that  their  education  is  not  neglected,  gives  his 
written  consent  to  such  taking  part. 

Approved  June  8,  1939. 


256  Acts,  1939.  —  Chaps.  274,  275,  276. 


Chap. 27 4:  An  Act  authorizing  the  city  op  medford  to  pay  a  cer- 
tain SUM  OF  MONEY  TO  BESSIE  W.  TAYLOR  ON  ACCOUNT 
OF  INJURIES  SUSTAINED  BY  HER  WHILE  UPON  A  PUBLIC 
WAY  OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obh- 
gation,  the  city  of  Medford  is  hereby  authorized  to  pay  to 
Bessie  W.  Taylor  of  said  city  a  sum  of  money  not  exceeding 
one  thousand  dollars  in  settlement  of  her  claim  against  said 
city  on  account  of  certain  injuries  sustained  by  her  while 
a  traveller  upon  Holton  street,  a  public  way  in  said  city. 

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

Approved  June  9,  1939. 


Chap. 27^  An  Act  relative  to  evidence  of  the  establishment  of 
minimum  fair  wage  rates. 

Be  it  enacted,  etc.,  as  follows: 

Ed^iJr'new  Chapter  one  hundred  and  fifty-one  of  the  General  Laws, 
section  26a,^'^  as  appearing  in  section  one  of  chapter  four  hundred  and  one 
inserted.  q£  ^f^g  ^^^g  q|-  nineteen  hundred  and  thirty-seven,  is  hereby 

amended  by  inserting  after  section  twenty  the  following  new 
Evidence  in  sectiou :  —  Scction  20 A .  In  any  prosecution  under  section 
mum7ai?  wage  nineteen  or  in  any  action  or  suit  under  section  twenty,  a 
rate  cases.  copy  of  a  mandatory  order  covering  any  occupation,  together 
with  a  certificate  attesting  the  correctness  of  the  copy  and 
setting  forth  that  on  the  date  of  such  certificate  such  order 
is  in  force,  signed  by  the  commissioner  and  the  genuineness 
of  the  signature  attested  by  the  state  secretary  in  accordance 
with  section  seventy-six  of  chapter  two  hundred  and  thirty- 
three,  shall  be  competent  evidence  equally  with  the  original 
order,  and  shall  be  prima  facie  evidence  that  the  provisions 
of  this  chapter  relative  to  the  establishment  of  minimum  fair 
wage  rates  in  such  occupation  were  complied  with  prior  to 
the  making  of  such  order,  and  that  such  order  has  continued 
in  full  force  and  effect  up  to  the  date  of  such  certificate. 

Approved  June  9,  1939. 


Chap. 276  An  Act  establishing  a  board  of  trustees  of  the  bel- 

MONT  hospital   IN   THE   CITY   OF  WORCESTER,   AND   DEFIN- 
ING  THEIR    POWERS   AND    DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  estabHshed  a  board  of  trus- 
tees of  the  Belmont  hospital  in  the  city  of  Worcester,  con- 
sisting of  nine  persons,  of  whom  three  shall  be  members  of 
the  board  of  health  of  said  city,  one  shall  be  a  member  of 
the  board  of  aldermen,  two  shall  be  members  of  the  common 
council,  and  three  shall  be  residents  of  said  city  who  are 


Acts,  1939.  —  Chap.  276.  257 

citizens  and  not  members  of  the  city  council.  As  soon  as 
may  be  after  the  effective  date  of  this  act,  and  annually 
thereafter  in  the  month  of  January,  beginning  with  the 
year  nineteen  hundred  and  forty,  the  city  council  shall 
elect,  by  concurrent  vote  of  the  two  branches,  the  board  of 
aldermen  acting  first,  one  member  of  the  board  of  aldermen 
and  two  members  of  the  common  council  to  be  members  of 
said  board  of  trustees,  to  serve  until  the  first  Monday  of 
February  in  the  year  next  following  their  election,  and  until 
the  qualification  of  their  respective  successors.  As  soon  as 
may  be  after  said  effective  date  and  in  the  manner  afore- 
said, the  city  council  shall  elect  three  such  residents  to  be 
members  of  said  board  of  trustees,  of  whom  one  shall  serve 
until  the  first  Monday  of  February,  nineteen  hundred  and 
forty,  one  until  the  first  Monday  of  February,  nineteen 
hundred  and  forty-one,  and  one  until  the  first  Monday  of 
February,  nineteen  hundred  and  forty-two,  and  each  until 
the  qualification  of  his  successor. 

In  January,  nineteen  hundred  and  forty,  and  annually 
in  January  thereafter,  said  city  council  shall  elect,  in  the 
manner  aforesaid,  one  such  citizen  to  be  a  member  of  said 
board  of  trustees,  to  serve  for  three  years  from  the  first 
Monday  in  February  in  the  year  in  which  he  is  elected  and 
until  the  qualification  of  his  successor. 

The  elected  members  of  said  board  of  trustees  shall  at 
all  times  be  subject  to  removal  as  trustee  for  cause,  by  vote 
of  two  thirds  of  each  branch  of  said  city  council  present 
and  voting  thereon.  Whenever  any  vacancy  shall  occur  in 
said  board  of  trustees  by  death,  resignation  or  otherwise, 
said  vacancy  shall  be  filled  in  the  manner  aforesaid  for  the 
remainder  of  the  unexpired  term.  No  member  of  said 
board  of  trustees  shall  receive  any  compensation  for  his 
services  as  such  trustee. 

Sectiox  2.  The  members  of  said  board  of  trustees  shall 
meet  for  organization  annually  on  the  first  Monday  of 
February  and  choose  one  of  their  number  as  president  and 
such  other  officers  as  they  deem  necessary.  They  shall  have 
power  to  make  such  rules  and  regulations  relating  to  said 
Belmont  hospital,  and  its  oSicers  and  employees,  and  to  fix 
and  enforce  penalties  for  the  violation  of  such  rules  and 
regulations,  as  they  may  deem  expedient;  provided,  that 
the  same  shall  not  be  inconsistent  with  law  or  with  the 
provisions  of  this  act. 

The  board  of  trustees  first  established  hereunder  shall 
organize  and  assume  the  management  and  control  of  said 
hospital  forthwith  upon  their  qualification. 

Section  3.  Said  board  of  trustees  shall  have  the  general 
management  and  control  of  the  Belmont  hospital  and  of  all 
branches  thereof,  which  have  been  or  which  may  hereafter 
be  established,  together  with  the  buildings  and  rooms  con- 
taining the  same,  and  the  fixtures  and  furniture  connected 
therewith,  and  also  of  the  expenditure  of  the  money  appro- 
priated therefor. 


258  Acts,  1939.  —  Chaps.  277,  278. 

Section  4.  Said  board  of  trustees  may  appoint  a  super- 
intendent with  such  assistants  and  subordinate  officers  as 
they  may  deem  necessary  or  expedient,  and  may  remove 
the  same,  and  fix  their  compensation;  and  for  said  purposes 
may  expend  such  sums  as  may  be  appropriated  therefor  by 
the  city  council. 

Section  5.  The  persons  employed  in  said  hospital  on 
the  effective  date  of  this  act  shall  continue  to  serve  in  said 
hospital  without  impairment  of  their  civil  service  status, 
and  shall  retain  all  present  rights  now  given  them  under 
chapter  thirty-one  of  the  General  Laws,  and  such  employees 
shall  retain  any  step  increases  from  the  minimum  pay  of 
their  grade  earned  during  their  service  with  said  hospital, 
and  for  retirement  purposes  their  service  with  said  hospital 
shall  be  deemed  to  be  continuous. 

Section  6.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  coun- 
cil of  the  city  of  Worcester,  subject  to  the  provisions  of  its 
charter,  but  not  otherwise.  Approved  June  9,  1939. 


Chap. 277  An  Act  authorizing  the  cape  cod  institute  of  music 

TO  GRANT  THE  DEGREE  OF  BACHELOR  OF  MUSIC. 

Be  it  enacted,  etc.,  as  follows: 

The  Cape  Cod  Institute  of  Music,  a  corporation  incor- 
porated under  general  law,  is  hereby  authorized  and  em- 
powered to  grant  the  degree  of  bachelor  of  music  to  students 
properly  accredited  and  recommended  by  the  faculty  of 
said  institute. 

(The  foregoing  was  laid  before  the  governor  on  the  fifth  day 
of  June,  1939,  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. 27^  An  Act  relative  to  the  construction  by  the  city  of 

WESTFIELD     OF     FLOOD     PROTECTION     WORKS     ALONG     THE 
WESTFIELD   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Westfield,  for  the  purpose  of 
protecting  highways  and  public  or  private  property  from 
damage  by  freshet  or  any  flow  of  the  Westfield  river,  may, 
by  its  city  council,  from  time  to  time,  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws, 
or  acquire  by  purchase  or  otherwise,  land  and  easements  in 
land  and  may  construct  dikes,  walls,  drains,  bridges  and 
other  flood  protection  works.  Any  person  who  is  injured 
in  his  property  by  any  act  of  said  city  under  any  provision 
of  this  act  may  recover  from  said  city  damages  therefor 
under  said  chapter  seventy-nine.  Said  flood  protection 
works  may  be  constructed  in  conjunction  with  flood  pro- 


Acts,  1939.  —  Chap.  279.  259 

tection  projects  of  the  United  States  of  America.  The  pro- 
visions of  sections  thirteen  and  twenty  of  chapter  ninety- 
one  of  the  General  Laws  shall  apply  to  the  projects  herein 
authorized. 

Section  2.  For  the  purpose  authorized  by  section  one 
and  for  expenses  incidental  to  the  construction  of  said 
flood  protection  works,  the  city  of  Westfield  may  borrow 
from  time  to  time,  within  a  period  of  three  years  from  the 
passage  of  this  act,  such  sums  as  may  be  necessary  but  not 
exceeding,  in  the  aggregate,  seventy-five  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Westfield  Flood  Control  Loan,  Act  of 
1939.  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  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  June  12,  1939. 


An  Act  establishing  the  boundary  line  between  the  QJkjjj  279 
towns  of  rochester  and  wareham,  and  a  part  of 

the    BOUNDARY    LINE    BETWEEN    THE    TOWNS    OF    MARION 
AND    WAREHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  boundary  line  between  the  towns  of 
Rochester  and  Wareham  is  hereby  changed  and  established, 
and  the  boundary  line  between  the  towns  of  Marion  and 
Wareham  is  hereby  changed  in  part  and  established,  in 
accordance  with  the  following  descriptions. 

The  location  of  each  angle  point  in  the  lines  hereinafter 
described  is  fixed  by  X  and  Y  coordinates  referred  to  the 
Massachusetts  State  Coordinate  System,  and  shown  on  a 
plan  hereinafter  referred  to. 

The  Massachusetts  State  Coordinate  System  above  referred 
to  consists  of  a  Lambert  Conformal  projection  of  the 
Clarke  Spheroid  of  eighteen  hundred  sixty-six,  having  a  prime 
meridian  seventy-one  degrees,  thirty  minutes,  west  of 
Greenwich.  The  intersecting  cone  of  this  projection  cuts 
the  surface  of  the  spheroid  in  parallels  of  latitude  forty-one 
degrees,  forty-three  minutes,  and  forty-two  degrees,  forty- 
one  minutes,  north  of  the  equator,  along  which  parallels 
the  scale  shall  be  exact.  The  origin  of  coordinates  is  at  the 
intersection  of  the  meridian  seventy-one  degrees,  thirty 
minutes,  west  longitude  and  the  parallel  forty-one  degrees 
north  latitude.  This  origin  is  given  the  coordinates: 
X  equals  six  hundred  thousand  feet;  Y  equals  zero  feet. 

All  azimuths  in  the  following  descriptions  are  grid  azimuths 
referred  to  said  prime  meridian,  said  prime  meridian  (north) 


260  Acts,  1939.  —  Chap.  279. 

being  azimuth  one  hundred  eighty  degrees,  no  minutes,  no 
seconds. 

Section  2.  The  following  described  Hne  shall  hereinafter 
constitute  the  boundarj^  line  between  the  towns  of  Roches- 
ter and  Wareham,  to  wit:  — 

Beginning  at  a  bound  set  in  the  westerly  line  of  County 
road,  as  laid  out  by  the  Plymouth  county  commissioners  in 
the  year  one  thousand  nine  hundred  and  thirty-nine,  and 
shown  on  a  plan  hereinafter  referred  to,  said  bound  defining 
the  new  three  town  corner  of  Marion,  Rochester  and  Ware- 
ham,  having  coordinates  X  equals  seven  hundred  ninetj^- 
six  thousand  six  hundred  twenty-five  and  one-hundredth 
feet,  and  Y  equals  two  hundred  seventy-eight  thousand  two 
hundred  eleven  and  sixty  hundredths  feet,  said  bound  being 
on  azimuth  one  hundred  forty-eight  degrees,  twenty-three 
minutes,  thirtj^  seconds,  twelve  and  ninety-seven  hun- 
dredths feet  distant  from  the  present  three  town  corner  of 
the  aforesaid  towns,  in  latitude  forty-one  degrees,  forty-five 
minutes,  forty  and  eighty  hundredths  seconds,  and  longi- 
tude seventy  degrees,  forty-six  minutes,  forty-five  and 
forty-hundredths  seconds,  North  American  Datum,  said 
bound  having  coordinates  X  equals  seven  hundred  ninety- 
six  thousand  six  hundred  thirty-one  and  eighty-one  hun- 
dredths feet  and  Y  equals  two  hundred  seventy-eight 
thousand  two  hundred  and  fifty-five  hundredths  feet;  thence 
on  azimuth  one  hundred  ninety-nine  degrees,  no  minutes, 
forty  seconds,  in  the  westerly  line  of  said  County  road  four 
hundred  thirty-three  and  seventy-four  hundredths  feet  to 
a  town  bound  making  a  point  of  curve ;  thence  on  the  arc  of 
a  circle  having  a  radius  of  three  thousand  six  hundred 
eighty-six  and  five  hundredths  feet,  curving  to  the  right,  in 
the  westerly  line  of  said  County  road  four  hundred  forty- 
two  and  forty-seven  hundredths  feet  to  a  town  bound  mark- 
ing the  point  of  tangency;  thence  on  azimuth  two  hundred 
five  degrees,  fifty-three  minutes,  twenty  seconds,  in  the 
westerly  line  of  said  County  road  six  hundred  ninety-seven 
and  four  hundredths  feet  to  a  town  bound  marking  a  point 
of  curve;  thence  on  the  arc  of  a  circle  having  a  radius  of 
four  thousand  fifty-nine  and  twenty-five  hundredths  feet, 
curving  to  the  left,  partly  in  the  westerly  line  of  said  County 
road  and  across  Mary's  Pond  road,  so  called,  six  hundred 
eleven  and  eightj^-five  hundredths  feet  to  a  town  bound 
marking  a  point  of  tangency;  thence  on  azimuth  one  hun- 
dred ninety-seven  degrees,  fifteen  minutes,  ten  seconds,  in 
the  westerly  line  of  said  County  road  nine  hundred  seventy- 
one  and  nineteen  hundredths  feet  to  a  town  bound  marking 
a  point  of  curve;  thence  on  the  arc  of  a  circle  having  a 
radius  of  eight  hundred  twelve  and  eighty  hundredths  feet, 
curving  to  the  left,  in  the  westerly  line  of  said  County  road 
five  hundred  forty-one  and  seventy-one  hundredths  feet  to 
a  town  bound  marking  a  point  of  tangency;  thence  on 
azimuth  one  hundred  fifty-nine  degrees,  four  minutes,  no 
seconds,  in  the  westerly  line  of  said  County  road  five  hun- 


Acts,  1939.  —  Chap.  279.  261 

dred  thirty-four  and  fifty-five  hundredths  feet  to  a  town 
bound  marking  a  point  of  curve;  thence  on  the  arc  of  a 
circle  having  a  radius  of  one  thousand  three  hundred  eighty- 
five  and  seventy  hundredths  feet,  curving  to  the  right,  in 
the  westerly  line  of  said  County  road  five  hundred  sixty-two 
and  forty-four  hundredths  feet  to  a  town  bound  marking  a 
point  of  tangency;  thence  on  azimuth  one  hundred  eighty- 
two  degrees,  nineteen  minutes,  twenty  seconds,  in  the 
westerly  line  of  said  County  road  five  hundred  thirteen 
and  seventy-one  hundredths  feet  to  a  town  bound  marking 
a  point  of  curve;  thence  on  the  arc  of  a  circle  having  a 
radius  of  two  thousand  seven  hundred  ninety-nine  and 
seventy-nine  hundredths  feet,  curving  to  the  left,  in  the 
westerly  hne  of  said  County  road  eight  hundred  eighty-four 
and  sixty  hundredths  feet  to  a  town  bound  marking  a  point 
of  tangency;  thence  on  azimuth  one  hundred  sixty-four 
degrees,  thirteen  minutes,  ten  seconds,  in  the  westerly  line 
of  said  County  road  one  hundred  eighty-six  and  four  hun- 
dredths feet  to  a  town  bound  marking  a  point  of  curve; 
thence  on  the  arc  of  a  circle  having  a  radius  of  three  thou- 
sand five  hundred  seventy-three  and  five  hundredths  feet, 
curving  to  the  right,  in  the  westerly  line  of  said  County 
road  three  hundred  one  and  ninety-three  hundredths  feet 
to  a  town  bound  marking  a  point  of  tangency;  thence  on 
azimuth  one  hundred  sixty-nine  degrees,  three  minutes, 
forty  seconds,  partly  in  the  westerly  line  of  said  County 
road  and  partly  across  High  street,  so  called,  three  hun- 
dred ninety-eight  and  no  hundredths  feet  to  a  town  bound 
marking  an  angle;  thence  on  azimuth  one  hundred  seventy- 
six  degrees,  nineteen  minutes,  fifty  seconds,  partly  across 
High  street,  so  called,  and  in  the  westerly  line  of  said  County 
road  two  thousand  one  hundred  ninety-four  and  ninety-two 
hundredths  feet  to  a  town  bound  marking  an  angle  point; 
thence  on  azimuth  two  hundred  sixty-five  degrees,  eleven 
minutes,  fifty  seconds,  across  said  County  road  fifty  and 
one  hundredth  feet  to  a  town  bound  in  the  easterly  line  of 
said  County  road;  thence  on  the  arc  of  a  circle  having  a 
radius  of  two  thousand  eight  hundred  sixty-eight  and 
seventy-nine  hundredths  feet,  curving  to  the  left,  in  the 
easterly  line  of  said  County  road  seven  hundred  fifty-four 
and  eleven  hundredths  feet  to  a  town  bound  marking  a 
point  of  tangency;  thence  on  azimuth  one  hundred  sixty- 
one  degrees,  sixteen  minutes,  ten  seconds,  in  the  easterly  line 
of  said  County  road  one  hundred  thirteen  and  seventy-three 
hundredths  feet  to  a  town  bound  marking  an  angle  point; 
thence  on  azimuth  one  hundred  fifty-four  degrees,  fourteen 
minutes,  fifty  seconds  in  the  easterly  line  of  said  County  road 
one  hundred  eighty-two  and  seventy-seven  hundredths  feet 
to  a  town  bound  marking  a  point  of  curve;  thence  on  the 
arc  of  a  circle  having  a  radius  of  one  thousand  four  hundred 
seventy-four  and  eighty-seven  hundredths  feet,  curving  to 
the  right,  in  the  easterly  line  of  said  County  road  five  hun- 
dred forty-five  and  twenty-nine  hundredths  feet  to  a  town 


262  Acts,  1939.  —  Chap.  279. 

bound  marking  a  point  of  tangency;  thence  on  azimuth 
one  hundred  seventy-five  degrees,  twenty-five  minutes,  fifty 
seconds,  in  the  easterly  fine  of  said  County  road  four  hun- 
dred forty-five  and  twenty-six  hundredths  feet  to  a  town 
bound  marking  a  point  of  curve;  thence  on  the  arc  of  a 
circle  having  a  radius  of  two  thousand  ninety-five  and 
thirteen  hundredths  feet,  curving  to  the  right,  in  the  easterly 
line  of  said  County  road  three  hundred  sixteen  and  no  hun- 
dredths feet  to  a  town  bound  marking  a  point  of  tangency; 
thence  on  azimuth  one  hundred  eighty-four  degrees,  four 
minutes,  twenty  seconds,  in  the  easterly'-  line  of  said  County 
road  one  hundred  twenty-two  and  sixty-nine  hundredths 
feet  to  a  town  bound  marking  a  point  of  curve;  thence  on 
the  arc  of  a  circle  having  a  radius  of  one  thousand  five  hun- 
dred forty-five  and  twenty-seven  hundredths  feet,  curving 
to  the  right,  in  the  easterly  line  of  said  County  road  two 
hundred  ninety-four  and  eighty  hundredths  feet  to  a  town 
bound  marking  a  point  of  tangency;  thence  on  azimuth  one 
hundred  ninety-five  degrees,  no  minutes,  ten  seconds,  in  the 
easterly  line  of  said  County  road  two  hundred  seventy-five 
and  sixty-two  hundredths  feet  to  a  town  bound  marking 
a  point  of  curve ;  thence  on  the  arc  of  a  circle  having  a  radius 
of  nine  hundred  sixty-five  and  sixty-two  hundredths  feet, 
curving  to  the  left,  in  the  easterly  line  of  said  County  road 
three  hundred  eighty-three  and  ninety-three  hundredths 
feet  to  a  town  bound  marking  a  point  of  tangency;  thence 
on  azimuth  one  hundred  seventy-two  degrees,  thirteen 
minutes,  twenty  seconds,  in  the  easterly  line  of  said  County 
road  one  hundred  twenty-nine  and  fifty  hundredths  feet  to 
a  town  bound  marking  a  point  of  curve;  thence  on  the  arc 
of  a  circle  having  a  radius  of  one  thousand  eighty-one  and 
seventy-six  hundredths  feet,  curving  to  the  right,  in  the 
easterly  line  of  said  County  road  three  hundred  eighty-two 
and  ninety  hundredths  feet  to  a  town  bound  marking  a 
point  of  compound  curve;  thence  on  the  arc  of  a  circle 
having  a  radius  of  four  hundred  ninety-nine  and  forty-five 
hundredths  feet,  curving  to  the  right,  in  the  easterly  line  of 
said  County  road  three  hundred  forty-four  and  forty-nine 
hundredths  feet  to  a  town  bound  marking  a  point  of  tan- 
gency; thence  on  azimuth  two  hundred  thirty-two  degrees, 
one  minute,  twenty  seconds,  partly  in  the  easterly  line  of 
said  County  road  and  partly  in  the  old  state  highway,  so 
called,  one  hundred  fifty-nine  and  four  hundredths  feet  to 
a  town  bound  marking  a  point  of  curve;  thence  on  the  arc 
of  a  circle  having  a  radius  of  four  hundred  eighty  and  no 
hundredths  feet,  curving  to  the  left,  partly  across  the  old 
state  highway,  so  called,  and  partly  in  the  easterly  line  of 
said  County  road  two  hundred  seven  and  twenty-one  hun- 
dredths feet  to  a  town  bound  marking  a  point  of  tangency; 
thence  on  azimuth  two  hundred  seven  degrees,  seventeen 
minutes,  twenty  seconds,  in  the  easterly  line  of  said  County 
road  two  hundred  sixteen  and  fifty-seven  hundredths  feet 


Acts,  1939.  —  Chap.  279.  263 

to  a  town  bound  marking  an  angle  point;  thence  on  azimuth 
two  hundred  eight  degrees,  thirty-six  minutes,  fifteen  sec- 
onds, in  the  easterly  line  of  said  County  road  eight  hundred 
forty-six  and  forty-nine  hundredths  feet  to  a  bound  marking 
an  angle  point;  thence  on  azimuth  two  hundred  seventeen 
degrees,  twenty-two  minutes,  thirty  seconds,  in  the  easterly 
line  of  said  County  road  across  the  new  state  highway,  so 
called,  and  in  the  easterly  line  of  said  County  road  four  hun- 
dred sixty-eight  and  sixty-eight  hundredths  feet  to  a  town 
bound  marking  a  point  of  curve;  thence  on  the  arc  of  a 
circle  having  a  radius  of  five  hundred  ninety-six  and  thirty- 
seven  hundredths  feet,  curving  to  the  left,  in  the  easterly 
line  of  said  Countj^  road  two  hundred  sixty-five  and  seventy- 
one  hundredths  feet  to  a  town  bound  marking  a  point  of 
tangency;  thence  on  azimuth  one  hundred  ninety-one  de- 
grees, fifty  minutes,  fifty  seconds,  in  the  easterly  line  of  said 
County  road  and  partly  across  Doty  road,  so  called,  one 
thousand  ninety-four  and  seventy-six  hundredths  feet  to  a 
town  bound  marking  a  point  of  curve;  thence  on  the  arc 
of  a  circle  having  a  radius  of  one  thousand  six  hundred 
twenty-five  and  thirty-six  hundredths  feet,  curving  to  the 
left,  partly  across  Doty  road,  so  called,  and  in  the  easterly 
line  of  said  County  road  three  hundred  forty-three  and 
forty-nine  hundredths  feet  to  a  town  bound  marking  a 
point  of  tangency;  thence  on  azimuth  one  hundred  seventy- 
nine  degrees,  forty-four  minutes,  twenty  seconds,  in  the 
easterly  line  of  said  County  road  seven  hundred  twenty- 
three  and  one  hundredth  feet  to  a  town  bound  marking  a 
point  of  curve ;  thence  on  the  arc  of  a  circle  having  a  radius 
of  two  thousand  eight  hundred  and  thirty-seven  hundredths 
feet,  curving  to  the  right,  in  the  easterly  line  of  said  County 
road  one  hundred  ninety-one  and  twenty-three  hundredths 
feet  to  a  point  of  compound  curve;  thence  on  the  arc  of  a 
circle  having  a  radius  of  one  thousand  two  hundred  sixty 
and  seventy-five  hundredths  feet,  curving  to  the  right,  in 
the  easterly  line  of  said  County  road  one  hundred  seventeen 
and  thirty-six  hundredths  feet  to  a  town  bound  set  in  the 
present  town  line  between  the  towns  of  Middleborough  and 
Wareham,  said  bound  to  determine  the  new  three  town 
corner  of  Middleborough,  Rochester  and  Wareham,  having 
the  coordinates  X  equals  seven  hundred  ninety-eight  thou- 
sand four  hundred  five  and  sixty-eight  hundredths  feet  and 
Y  equals  two  hundred  ninety-five  thousand  five  hundred 
seventy-five  and  forty-nine  hundredths  feet  and  on  azi- 
muth two  hundred  sixty-one  degrees,  forty-three  minutes,  no 
seconds,  five  and  fifty-eight  hundredths  feet  distant  from 
the  present  three  town  corner  of  aforesaid  three  towns  in 
latitude  forty-one  degrees,  forty-eight  minutes,  thirty-two 
and  twenty-nine  hundredths  seconds,  and  longitude  seventy 
degrees,  forty-six  minutes,  twenty  and  twenty-four  hun- 
dredths seconds,  North  American  Datum,  and  having  co- 
ordinates X  equals  seven  hundred  ninety-eight  thousand 


264  Acts,  1939.  —  Chap.  279. 

four  hundred  and  sixteen  hundredths  feet  and  Y  equals  two 
hundred  ninety-five  thousand  five  hundred  seventy-four  and 
sixty-eight  hundredths  feet. 

Section  3.  The  following  described  line  shall  hereinafter 
constitute  a  portion  of  the  boundary  line  between  the  towns 
of  Marion  and  Wareham,  to  wit:  — 

Beginning  at  a  point  in  the  present  boundary  line  between 
the  towns  of  Marion  and  Wareham  on  the  center  line  of 
Sippican  river  at  the  intersection  of  said  center  line  and  the 
easterly  line  of  County  road  as  laid  out  by  the  Plymouth 
county  commissioners  in  the  year  one  thousand  nine  hun- 
dred thirty-nine,  and  shown  on  a  plan  hereinafter  referred 
to,  said  point  being  easterly,  down-stream,  from  the  present 
town  line  at  the  center  of  the  east  side  of  Mendells  bridge, 
so  called,  having  coordinates  X  equals  seven  hundred  ninety- 
seven  thousand  seven  hundred  seventy-two  and  forty-two 
hundredths  feet  and  Y  equals  two  hundred  sixty-eight  thou- 
sand three  hundred  fifty-two  and  eleven  hundredths  feet 
and  on  azimuth  three  hundred  fifty-four  degrees,  twenty- 
seven  minutes,  fifteen  seconds,  fifty-one  and  twenty-one  hun- 
dredths feet  distant  from  a  witness  bound  set  on  the 
northerly  side  of  said  river,  thence  on  the  arc  of  a  circle 
having  a  radius  of  two  thousand  three  hundred  fifty  and 
no  hundredths  feet,  curving  to  the  right,  in  the  easterly 
line  of  said  County  road,  through  said  witness  bound, 
six  hundred  fifty  and  no  hundredths  feet  to  a  town 
bound  marking  a  point  of  tangency;  thence  on  azimuth 
one  hundred  eighty-nine  degrees,  forty  minutes,  forty 
seconds,  in  the  easterly  line  of  said  County  road  eight  hun- 
dred thirty-one  and  ninety-nine  hundredths  feet  to  a  town 
bound  marking  a  point  of  curve;  thence  on  the  arc  of  a 
circle  having  a  radius  of  one  thousand  one  hundred  seventy- 
three  and  sixty-five  hundredths  feet,  curving  to  the  left,  in 
the  easterly  line  of  said  County  road  one  hundred  fourteen 
and  eighty-eight  hundredths  feet  to  a  town  bound  marking 
a  point  of  tangency;  thence  on  azimuth  one  hundred  eighty- 
four  degrees,  four  minutes,  ten  seconds,  in  the  easterly  line 
of  said  County  road  one  hundred  ninety-four  and  forty- 
seven  hundredths  feet  to  a  town  bound  marking  an  angle 
point;  thence  on  azimuth  one  hundred  seventy-four  degrees, 
twenty-eight  minutes,  twenty-five  seconds,  in  the  easterly 
line  of  said  County  road  two  hundred  six  and  seventy-five 
hundredths  feet  to  a  town  bound  marking  an  angle  point; 
thence  on  azimuth  one  hundred  fifty-eight  degrees,  twenty- 
seven  minutes,  five  seconds,  in  the  easterly  line  of  said 
County  road  one  hundred  seventy  and  twenty-seven  hun- 
dredths feet  to  a  bound  marking  an  angle  point;  thence  on 
azimuth  one  hundred  forty-eight  degrees,  no  minutes,  ten 
seconds,  in  the  easterly  line  of  said  County  road  two  hun- 
dred three  and  fifty-eight  hundredths  feet  to  a  town  bound 
marking  an  angle  point;  thence  on  azimuth  one  hundred 
thirty-eight  degrees,  thirty  minutes,  twenty  seconds,  in  the 
easterly  line  of  said  County  road  one  thousand  three  hun- 


Acts,  1939. —Chap.  279.  265 

dred  seven  and  ninety-one  hundredths  feet  to  a  town  bound 
marking  a  point  of  curve;  thence  on  the  arc  of  a  circle 
having  a  radius  of  one  thousand  seven  hundred  nine  and 
fourteen  hundredths  feet,  curving  to  the  right,  in  the  easterly 
line  of  said  County  road  six  hundred  ninety-nine  and  sixty- 
eight  hundredths  feet  to  a  town  bound  marking  a  point  of 
tangency;  thence  on  azimuth  one  hundred  sixty-one  de- 
grees, fifty-seven  minutes,  forty  seconds,  in  the  easterly 
line  of  said  County  road  five  hundred  ninety-three  and  six 
hundredths  feet  to  a  town  bound  marking  an  angle  point; 
thence  on  azimuth  seventy-one  degrees,  fiftj'-seven  minutes, 
forty  seconds,  across  said  County  road  fifty  and  no  hun- 
dredths feet  to  a  town  bound  in  the  westerly  fine  of  said 
County  road;  thence  on  azimuth  one  hundred  sixty-one 
degrees,  fifty-seven  minutes,  forty  seconds,  in  the  westerly 
line  of  said  County  road  one  thousand  one  hundred  sixty- 
six  and  fifty  hundredths  feet  to  a  town  bound  marking  a 
point  of  curve;  thence  on  the  arc  of  a  circle  having  a  radius 
of  two  thousand  seventy-eight  and  fortj'-seven  hundredths 
feet,  curving  to  the  right,  in  the  westerly  fine  of  said  Count}^ 
road  one  thousand  two  hundred  forty-six  and  sixty-nine 
hundredths  feet  to  a  town  bound  marking  a  point  of  tan- 
gency; thence  on  azimuth  one  hundred  ninety-six  degrees, 
nineteen  minutes,  forty  seconds,  in  the  westerly  line  of  said 
County  road  two  hundred  thirty-one  and  forty-six  hun- 
dredths feet  to  a  town  bound  marking  a  point  of  curve; 
thence  on  the  arc  of  a  circle  having  a  radius  of  three  thousand 
two  hundred  twelve  and  seventy-five  hundredths  feet,  curv- 
ing to  the  left,  in  the  westerly  line  of  said  County  road  six 
hundred  thirty-three  and  no  hundredths  feet  to  a  town 
bound  marking  a  point  of  tangency;  thence  on  azimuth 
one  hundred  eighty-five  degrees,  two  minutes,  twenty  sec- 
onds, in  the  westerly  line  of  said  County  road  eight  hun- 
dred twenty-one  and  eighty-eight  hundredths  feet  to  a 
town  bound  marking  a  point  of  curve;  thence  on  the  arc  of 
a  circle  having  a  radius  of  two  thousand  sixty-five  and 
eighteen  hundredths  feet,  curving  to  the  right,  in  the  westerly 
line  of  said  County  road  five  hundred  three  and  sixty-two 
hundredths  feet  to  a  town  bound  marking  a  point  of  tan- 
gency; thence  on  azimuth  one  hundred  ninety-nine  degrees, 
no  minutes,  forty  seconds,  in  the  westerly  line  of  said  County 
road  nine  hundred  seventy-eight  and  seventy-eight  hun- 
dredths feet  to  a  town  bound  in  the  present  town  boundary 
line  between  the  towns  of  Marion  and  Rochester,  having  co- 
ordinates X  eciuals  seven  hundred  ninety-six  thousand  six 
hundred  twenty-five  and  one  hundredth  feet  and  Y  equals 
two  hundred  seventy-eight  thousand  two  hundred  eleven 
and  sixty-hundredths  feet,  said  bound  defining  the  new 
three  town  corner  of  Marion,  Rochester  and  Wareham  and 
on  azimuth  one  hundred  forty-eight  degrees,  twenty-three 
minutes,  thirty  seconds,  twelve  and  ninety-seven  hun- 
dredths feet  distant  from  the  present  three  town  corner  of 
the  aforesaid  towns,  in  latitude  forty-one  degrees,  forty-five 


266  Acts,  1939.  —  Chap.  280. 

minutes,  forty  and  eighty  hundredths  seconds,  and  longitude 
seventy  degrees,  forty-six  minutes,  forty-five  and  forty 
hundredths  seconds.  North  American  Datum,  said  point 
having  coordinates  X  equals  seven  hundred  ninety-six 
thousand  six  hundred  thirty-one  and  eightj^-one  hundredths 
feet  and  Y  equals  two  hundred  seventy-eight  thousand  two 
hundred  and  fifty-five  hundredths  feet. 

Section  4.  The  coordinates  and  location  of  the  boundary 
hues  described  in  sections  two  and  three  of  this  act  are 
shown  on  a  plan  entitled  "Plan  showing  new  town  boundary 
line  between  the  towns  of  Marion-Wareham  and  Wareham- 
Rochester  to  conform  to  the  new  lines  of  County  Road  as 
laid  out  by  the  County  Commissioners  under  decrees  No. 
960,  961  and  965  and  dated  April  1939"  drawn  on  a  scale  of 
two  hundred  feet  to  an  inch  by  Lewis  W.  Perkins,  county 
engineer,  said  plan,  or  copies  thereof,  being  filed  in  the 
office  of  the  state  secretary,  in  the  registry  of  deeds  for 
Plymouth  county  at  Plymouth,  in  the  office  of  the  Plymouth 
county  commissioners,  and  in  the  office  of  the  state  depart- 
ment of  public  works  at  Boston  and  being  hereby  made 
a  part  of  these  descriptions  and  location. 

Section  5.  All  acts  and  parts  of  acts  containing  provi- 
sions inconsistent  with  the  provisions  of  said  sections  two 
and  three  setting  forth  the  above  described  boundary  fines 
are  hereby  repealed. 

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

Approved  June  12,  1939. 


Chap. 280  An  Act  relative  to  hours  for  meals  for  women  and 
children   in   factories,   workshops   and   mechanical 

AND    mercantile    ESTABLISHMENTS. 

Be  it  enacted,  etc.,  as  f allows. ' 

G.  L.  (Ter.  Scction  One  hundred  of  chapter  one  hundred  and  forty- 

u66,  amended,  uiuc  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  striking  out,  in  the  second 
and  third  fines,  the  words  "or  workshop  in  which  five  or 
more  such  persons  are  employed"  and  inserting  in  place 
thereof  the  following:  — ,  workshop,  mechanical  or  mer- 
cantile establishment,  —  and  by  striking  out,  in  the  seventh 
and  twelfth  fines,  the  words  "or  workshop"  and  inserting 
in  place  thereof,  in  each  instance,  the  following:  — ,  work- 
shop, mechanical  or  mercantile  establishment,  —  so  as  to 
Hours  for  read  as  follows:  —  Section  100.    No  child  or  woman  shall  be 

women°and       cmploycd  for  morc  than  six  hours  at  one  time  in  a  factory, 
children.  workshop,  mcchauical  or  mercantile  establishment  without 

an  interval  of  at  least  forty-five  minutes  for  a  meal;  but 
such  child  or  woman  may  be  so  employed  for  not  more  than 
six  and  one  half  hours  at  one  time  if  such  employment  ends 
not  later  than  one  o'clock  in  the  afternoon  and  if  he  or  she 
is  then  dismissed  from  the  factory,  workshop,  mechanical  or 
mercantile  establishment  for  the  remainder  of  the  day;    or 


Acts,  1939.  —  Chaps.  281,  282.  267 

for  not  more  than  seven  and  one  half  hours  at  one  time  if 
he  or  she  is  allowed  sufficient  opportunity  for  eating  a  lunch 
during  the  continuance  of  such  employment,  and  if  such 
employment  ends  not  later  than  two  o'clock  in  the  after- 
noon, and  he  or  she  is  then  dismissed  from  the  factory, 
workshop,  mechanical  or  mercantile  establishment  for  the 
remainder  of  the  day.  An  employer,  superintendent,  over- 
seer or  agent  who  violates  any  provision  of  this  or  the  pre- 
ceding section  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars. 

Approved  June  12,  1939. 


An  Act  reducing  the  rate  of  interest  allowed  on  CJiav. 2^1 

CERTAIN   funds   UNDER   THE   RETIREMENT   SYSTEM    OF   THE 
CITY   OF   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  four  hundred  and  ten  of  the  acts 
of  nineteen  hundred  and  twenty-three  is  hereby  amended  by 
striking  out  paragraph  (k)  and  inserting  in  place  thereof 
the  following:  — 

(k)  "Regular  interest"  shall  mean  interest  at  three  and 
one  half  per  centum  per  annum  compounded  annually. 

Approved  June  12,  1939. 

An  Act  relative  to  the  construction  of  sewers  and  qj^^^jj  282 
drains,  and  to  assessments  and  the  rate  of  interest         ^' 
on   unpaid   assessments   therefor,    in   the   city   of 
worcester. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  six  of  the  acts  of 
eighteen  hundred  and  sixty-seven  is  hereby  amended  by 
striking  out  section  four  and  inserting  in  place  thereof  the 
following :  —  Section  4-  Every  person  owning  real  estate 
upon  any  street  in  which  any  drain  or  sewer  may  be  laid 
under  or  by  virtue  of  section  one  of  this  act,  and  upon  the 
line  thereof,  or  whose  real  estate  may  be  benefited  thereby, 
shall  pay  to  said  city  such  sums  as  the  mayor  and  aldermen 
shall  assess  upon  him  as  his  proportionate  share  of  the 
expenditures  of  the  city  for  drains  and  sewers;  and  the  sum 
so  assessed  upon  him  shall  constitute  a  lien  upon  said  real 
estate  for  two  years  after  it  is  assessed;  provided,  that  no 
assessment  in  respect  to  any  such  real  estate,  which  by 
reason  of  its  grade  or  level  or  any  other  natural  cause  could 
not  be  drained  into  such  sewer  when  laid,  shall  be  made 
until  said  mayor  and  aldermen  determine,  by  formal  vote 
or  order,  after  a  public  hearing,  that  it  has  become  feasible 
to  drain  such  real  estate  into  such  sewer.  Such  determina- 
tion shall  be  final  and  conclusive  upon  the  parties.  Any 
person  aggrieved  by  the  action  of  the  mayor  and  aldermen 
in  making  an  assessment  under  this  section  may  file  with 


268  Acts,  1939. —Chap.  282. 

said  mayor  and  aldermen  a  petition  for  an  abatement 
thereof,  within  the  time  and  in  the  manner  provided  in 
sections  five  to  ten  A,  inclusive,  of  chapter  eighty  of  the 
General  Laws.  The  mayor  and  aldermen  shall,  within 
sixty  days  after  such  fihng,  grant  such  abatement  as  may 
be  necessary  to  make  such  assessment  conform  to  this 
section. 

Section  2.  Chapter  three  hundred  and  fifty-four  of  the 
acts  of  eighteen  hundred  and  seventy-one  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof 
the  following :  —  Section  1 .  If  the  owner  of  any  real  estate 
which  shall  be  assessed  under  the  provisions  of  section  four 
of  chapter  one  hundred  and  six  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-seven,  as  amended,  desires  to 
have  the  amount  of  said  assessment  apportioned,  he  shall 
give  notice  thereof  in  writing  to  the  assessors  of  the  city  of 
Worcester,  at  any  time  before  a  demand  is  made  upon  him 
for  the  payment  thereof;  and  said  assessors  shall  thereupon 
apportion  the  said  amount  into  five  equal  parts,  and  shall 
add  one  of  said  equal  parts  to  the  annual  tax  of  said  estate 
each  year  for  the  five  years  next  ensuing;  and  interest  at 
the  rate  of  four  and  one  half  per  centum  a  year  shall  be 
added  to  each  of  said  parts,  from  the  time  of  making  the 
apportionment  to  the  time  such  part  will  become  due  and 
payable;  and  each  of  said  parts,  with  the  interest  which 
shall  accrue  thereon,  shall  constitute  a  lien  upon  said  real 
estate,  in  the  same  manner  as  taxes  are  a  lien  upon  said 
real  estate,  and  may  be  collected  in  the  same  manner  as 
taxes  upon  real  estate  are  collected;  and  all  assessments 
which  shall  be  laid  upon  real  estate  for  the  causes  men- 
tioned in  said  act  shall  draw  interest  at  said  rate  from  the 
time  when  the  same  became  due  and  payable  until  the 
payment  thereof. 

Section  3.  The  time  of  the  payment  of  assessments 
made  under  this  act  may  be  extended  as  provided  in  sec- 
tion nineteen  of  chapter  eighty- three  of  the  General  Laws; 
provided,  that  whenever  the  time  for  the  payment  of  any 
assessment  is  so  extended  for  a  definite  period  and  the 
land  on  which  such  assessment  is  levied  is  not  built  upon 
.at  the  expiration  of  such  time,  the  time  may  be  further 
extended  as  determined  by  the  maj^or  and  aldermen.  If 
the  time  for  the  payment  of  assessments  is  so  extended,  no 
demand  for  payment  thereof  shall  be  made  by  the  collector 
within  six  months  after  the  termination  of  such  definite 
period  or  after  such  land  is  built  upon,  whichever  occurs 
first,  and  within  said  six  months  the  assessments  may  be 
apportioned  as  provided  by  section  two  of  this  act.  Interest 
on  such  unpaid  assessments  shall  be  at  the  rate  provided 
in  said  section  two.  If  an  assessment  has  been  apportioned, 
or  the  time  for  payment  thereof  extended,  the  lien  shall  be 
continued  for  two  years  after  the  last  portion  is  payable, 
unless  such  assessment  is  sooner  paid  in  full. 


Acts,  1939.  —  Chap.  282.  269 

Section  4,  The  city  council  of  said  city  may  in  the  name 
of  the  city  purchase  or  take  by  eminent  domain  under  chap- 
ter seventy-nine  of  the  General  Laws  such  land,  water  rights, 
dams  or  other  real  estate,  and  so  use,  alter  or  remove  the 
same,  as  they  shall  adjudge  necessary  to  carry  out  the  pur- 
poses of  this  act.  Any  person  injured  in  his  property  by 
any  action  of  said  council  under  this  act  may  recover  dam- 
ages from  said  city  as  provided  in  said  chapter  seventy-nine. 

Section  5.  So  much  of  chapter  one  hundred  and  six  of 
the  acts  of  eighteen  hundred  and  sixty-seven,  chapter  three 
hundred  and  fifty-four  of  the  acts  of  eighteen  hundred  and 
seventy-one,  chapter  four  hundred  and  sixty  of  the  acts  of 
nineteen  hundred  and  chapter  seventy-two  of  the  acts  of 
nineteen  hundred  and  one,  and  of  any  acts  in  addition  to  or 
in  amendment  thereof,  as  may  be  inconsistent  with  this 
act  is  hereby  repealed,  but  such  repeal  shall  not  affect  in  any 
way  the  validity  of  any  loans  issued  under  authority  of  said 
statutes  or  any  acts  or  doings  of  said  city  under  said  statutes 
or  any  betterments  assessed  under  said  statutes. 

Section  6.  Except  as  otherwise  provided  herein,  the 
city  of  Worcester  may  continue  to  lay,  construct,  repair, 
maintain  and  assess  for  drains  and  common  sewers  under 
the  provisions  of  chapter  one  hundred  and  six  of  the  acts  of 
eighteen  hundred  and  sixty-seven  and  acts  in  amendment 
thereof  and  in  addition  thereto. 

Section  7.  If  land  which  is  subject  to  a  lien  for  an  assess- 
ment made  under  this  act  is  subsequently  divided  by  sale, 
mortgage,  partition  or  otherwise  and  such  division  has  been 
duly  recorded  in  the  registry  of  deeds,  the  assessors,  before 
the  land  has  been  advertised  for  sale  for  non-payment  of  the 
assessment,  may,  or  upon  the  written  request  of  the  owner  or 
mortgagee  of  a  portion  thereof,  accompanied  by  a  plan  suf- 
ficient for  the  identification  of  the  division  of  the  whole 
estate,  with  the  names  of  the  different  owners  thereof,  shall, 
divide  said  assessment  or  the  amount  thereof  remaining 
unpaid,  and  the  costs  and  interest  accrued  thereon,  among 
the  several  parcels  into  which  said  land  has  been  divided, 
assessing  upon  each  parcel  the  part  of  the  original  assess- 
ment remaining  unpaid  proportionate  to  the  special  benefit 
received  by  such  parcel  from  the  improvement.  After  such 
assessment  has  been  so  divided,  only  the  part  of  the  assess- 
ment, interest  and  costs  assessed  upon  each  parcel  shall 
constitute  a  lien  upon  such  parcel.  At  least  seven  days 
prior  to  making  such  division  the  assessors  shall  send  by 
registered  mail  to  all  owners  of  any  interest  in  the  land 
assessed,  whose  addresses  are  known  to  them,  a  notice  of 
their  intention  to  make  such  division  and  of  the  time  ap- 
pointed therefor,  unless  such  notice  has  been  waived.  A 
person  aggrieved  by  any  action  of  the  assessors  under  this 
section  shall  have  the  same  remedy  as  a  person  aggrieved 
by  the  refusal  of  the  mayor  and  aldermen  to  abate  an  as- 
sessment. 


270  Acts,  1939.  —  Chaps.  283,  284. 

Section  8.  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,  but  not 
otherwise.  Approved  June  12,  1939. 


Chan  283  -^^  ^^'^  authorizing  the  appointment  of  a  third  deputy 

IN  THE  department  OF  THE  STATE  SECRETARY. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Chapter  nine  of  the  General  Laws  is  hereby  amended  by 

SlJ'amended.    Striking  out  scctiou  two,  as  uiost  recently  amended  by  chap- 
ter four  hundred  and  sixteen  of  the  acts  of  nineteen  hundred 
and  thirty-five,  and  inserting  in  place  thereof  the  follow- 
DepuUes.^etc.    j^g  I  —  Section  2.     He  may  appoint  a  first  deputy,  a  second 
S  stTte'^'"'''"     deputy,  a  third  deputy  who  shall  perform  the  duties  of  a 
secretary.         division  head,  a  cashier  for  whose  conduct  he  shall  be  re- 
sponsible and  from  whom  he  may  require  a  bond,  and  a 
chief  of  the  archives  division.    He  may  also  appoint  clerks, 
messengers  and  other  assistants  necessary  for  the  prompt 
despatch  of  public  business.     He  may  also  employ  such 
clerical  assistance  as  he  may  deem  necessary  to  carry  out 
the  laws  relative  to  primaries  and  elections,  and  such  em- 
ployment and  the  appointment  of  such  deputies,   cashier 
and  chief  of  the  archives  division  shall  not  be  subject  to 
chapter  thirty-one.  Approved  June  12,  1939. 

Chap. 284:  An  Act  granting  consent  to  the  acquisition  by  the 

UNITED    STATES    OF    LAND    FOR    CERTAIN    FLOOD    CONTROL 
PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Consent  is  hereby  given  pursuant  to  the  seventeenth 
clause  of  the  eighth  section  of  the  first  article  of  the  con- 
stitution of  the  United  States  to  the  acquisition  by  the 
United  States  by  purchase,  condemnation,  or  otherwise,  of 
any  tract  of  land  within  this  commonwealth  required  for 
use  in  connection  with  the  construction,  maintenance  and 
operation  of  the  projects  authorized  by  Congress  under  the 
flood  control  acts  of  June  twenty-second,  nineteen  hundred 
and  thirty-six  and  June  twenty-eighth,  nineteen  hundred 
and  thirty-eight  for  the  benefit  of  navigation  and  the  con- 
trol of  destructive  flood  waters,  which  projects  are  herein- 
after specified;  provided,  that  a  suitable  plan  of  the  tract 
of  land  so  acquired  has  been  or  shall  be  filed  in  the  office 
of  the  state  secretary  within  one  year  after  the  acquisition 
thereof.  But  this  commonwealth  shall  retain  concurrent 
jurisdiction  with  the  United  States  in  and  over  any  such 
land  to  the  extent  that  all  civil  and  criminal  processes  law- 
fully issued  under  authority  of  the  commonwealth  may  be 
executed  thereon  in  the  same  way  and  manner  as  if  this 
consent  had  not  been  given;  and  exclusive  jurisdiction  over 
any  such  tract  or  any  part  thereof  shall  revest  in  the  com- 


Acts,  1939. —Chap.  285.  271 

monwealth  whenever  it  shall  cease  to  be  the  property  of  the 
United  States. 

The  projects  hereinbefore  referred  to  are  as  follows:  — 

Birch  Hill  reservoir  on  the  Millers  river. 

Knightsville  reservoir  on  the  Westfield  river. 

Tully  reservoir  on  the  Tully  river. 

Lower  Naukeag  reservoir  on  the  Millers  river. 

Approved  June  13,  1939. 


An  Act  increasing  the  amount  of  money  authorized  qJiq^jj  285 

TO    BE    expended    IN    THE    CONSTRUCTION    OF    ADDITIONAL  ^' 

sewers  in  the  NORTH  METROPOLITAN  SEWERAGE  DISTRICT. 

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

Section  one  of  chapter  four  hundred  and  fifty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-eight  is  hereby  amended 
by  striking  out,  in  the  twenty-fifth  line,  the  words  "two 
hundred  and  thirty"  and  inserting  in  place  thereof  the  words: 

—  five  hundred  and  twenty-five,  —  so  as  to  read  as  follows: 

—  Section  1.  Subject  to  the  conditions  hereinafter  imposed, 
the  metropolitan  district  commission  is  hereby  authorized 
and  directed  to  construct  a  main  sewer  or  sewers,  with  sewer 
connections,  disposal  or  treatment  works,  and  other  works, 
in  the  valleys  of  the  Mystic  river  and  its  tributaries,  and 
through  other  territory  in  the  cities  of  Medford,  Somerville, 
Everett  and  Chelsea  and  in  the  Charlestown  and  East  Boston 
districts  of  the  city  of  Boston  and  in  the  town  of  Winthrop 
from  a  point  at  the  present  terminus  of  the  north  metropoli- 
tan relief  sewer  in  said  city  of  Medford,  thence  in  a  general 
easterly  direction  to  the  vicinity  of  the  present  East  Boston 
sewage  pumping  station  near  Chelsea  creek,  and  thence  in 
a  generally  easterly  and  southeasterly  direction  in  part  in 
tide  water  in  the  East  Boston  district  of  the  city  of  Boston 
and  in  the  town  of  Winthrop  to  Deer  island  in  the  city  of 
Boston  and,  for  such  purposes,  may  exercise  all  the  powers 
conferred  upon  it  by  chapter  ninety-two  of  the  General 
Laws  relative  to  the  construction,  maintenance  and  opera- 
tion of  systems  of  sewage  disposal.  For  the  purpose  of  car- 
rying out  said  project,  including  any  expenditures  on  ac- 
count of  the  purchase  or  taking  of  land  or  damages  to  land 
occasioned  by  the  construction  hereinbefore  provided  for, 
the  said  commission  may  expend  sums  not  exceeding,  in  the 
aggregate,  four  million,  five  hundred  and  twenty-five  thou- 
sand dollars;  provided,  that  not  less  than  forty-one  per  cent 
of  the  sums  so  authorized  to  be  expended  are  made  avail- 
able from  grants  of  federal  money. 

Approved  June  15,  1939. 


272  Acts,  1939.  —  Chap.  286. 


Chap. 286  An  Act  authorizing  the  metropolitan  district  water 

SUPPLY    COMMISSION   AND    THE   TOWN    OF   HOLDEN   TO    CON- 
STRUCT A   SYSTEM   OF  SANITARY   SEWERS  IN   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  water  supply  com- 
mission, hereinafter  referred  to  as  the  commission,  and  the 
town  of  Holden,  are  hereby  authorized  to  construct,  in  con- 
junction with  the  federal  government,  such  a  system  of  sani- 
tary sewers  in  the  town  of  Holden  as  the  commission  deems 
necessary  for  the  purpose  of  diverting  sewage  from  the  water- 
shed of  the  Wachusett  reservoir,  the  same  to  connect  with 
the  main  sewer  known  as  the  Rutland-Holden  trunk  sewer 
constructed  under  chapter  two  hundred  and  sixty-two  of 
the  acts  of  nineteen  hundred  and  thirty-two.  The  location 
and  plans  for  sewers  to  be  constructed  under  authority  of 
this  act  shall  be  subject  to  the  approval  of  the  state  depart- 
ment of  public  health. 

Section  2.  For  the  purpose  of  carrying  out  the  provi- 
sions of  this  act,  the  town  of  Holden  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise,  such  land,  water  rights, 
rights  of  way  or  easements  as  it  may  deem  necessary  or  de- 
sirable; provided,  that  it  shall  not  take  in  fee  any  land  of 
any  railroad  or  railway  corporation,  and  that  it  shall  not 
enter  upon  or  construct  any  such  sewers,  or  appurtenances 
thereto,  within  the  location  of  any  railroad  or  railway  cor- 
poration except  at  such  times  and  in  such  manner  as  said 
town  may  agree  upon  with  such  corporation,  or,  in  case  of 
failure  so  to  agree,  as  may  be  approved  by  the  department 
of  public  utilities;  and  provided,  further,  that  said  town 
shall  not  enter  upon  or  construct  or  repair  any  such  sewers 
or  appurtenances  within  the  location  of  any  state  highway 
except  at  such  times  and  in  such  manner  and  location  as  it 
may  agree  upon  with  the  commissioner  of  the  state  depart- 
ment of  public  works,  or,  in  case  of  failure  so  to  agree,  as 
may  be  approved  by  the  governor  and  council.  Said  town 
may  appropriate  and  expend  such  sums,  not  exceeding,  in 
the  aggregate,  five  thousand  dollars,  as  may  be  necessary  for 
the  aforesaid  purposes. 

Section  3.  The  said  sewers  and  appurtenances,  upon 
4  completion  and  connection  with  said  Rutland-Holden  trunk 
sewer,  shall  be  turned  over  to  the  town  of  Holden  and  shall 
be  thereafter  maintained  and  operated  by  said  town;  and 
said  town  shall  annually  reimburse  the  metropoHtan  district 
water  supply  commission,  or  its  successor,  its  proportionate 
share  of  the  cost  to  said  commission,  or  its  successor,  of  re- 
ceiving, caring  for  and  disposing  of  said  sewage,  under  the 
terms  and  conditions  of  an  agreement  between  said  com- 
mission and  said  town  dated  August  thirty-first,  nineteen 
hundred  and  thirty-eight. 

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

Approved  June  15,  1939. 


Acts,  1939.  —  Chap.  287.  273 


An  Act  authorizing  the  metropolitan  district  water  Chap. 287 

SUPPLY  commission  AND  THE  TOWN  OF  RUTLAND  TO  CON- 
STRUCT  A  SYSTEM  OF  SANITARY  SEWERS  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows. ' 

Section  1.  The  metropolitan  district  water  supply  com- 
mission, hereinafter  referred  to  as  the  commission,  and  the 
town  of  Rutland,  are  hereby  authorized  to  construct,  in 
conjunction  with  the  federal  government,  such  a  system  of 
sanitary  sewers  in  the  town  of  Rutland  as  the  commission 
deems  necessary  for  the  purpose  of  diverting  sewage  from 
the  watersheds  of  the  Wachusett  reservoir  and  Ware  river, 
the  same  to  connect  with  the  main  sewer  known  as  the  Rut- 
land-Holden  trunk  sewer  constructed  under  chapter  two 
hundred  and  sixty-two  of  the  acts  of  nineteen  hundred  and 
thirty-two.  The  location  and  plans  for  sewers  to  be  con- 
structed under  authority  of  this  act  shall  be  subject  to  the 
approval  of  the  state  department  of  pubhc  health. 

Section  2.  For  the  purpose  of  carrjdng  out  the  provi- 
sions of  this  act  the  town  of  Rutland  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws, 
or  acquire  by  purchase  or  otherwise,  such  land,  water  rights, 
rights  of  way  or  easements  as  it  may  deem  necessary  or 
desirable ;  provided,  that  it  shall  not  take  in  fee  any  land  of 
any  railroad  or  railway  corporation,  and  that  it  shall  not 
enter  upon  or  construct  any  such  sewers,  or  appurtenances 
thereto,  within  the  location  of  any  railroad  or  railway  cor- 
poration except  at  such  times  and  in  such  manner  as  said 
town  may  agree  upon  with  such  corporation,  or,  in  case  of 
failure  so  to  agree,  as  may  be  approved  by  the  department  of 
pubhc  utilities;  and  provided,  further,  that  said  town  shall 
not  enter  upon  or  construct  or  repair  any  such  sewers  or 
appurtenances  within  the  location  of  any  state  highway 
except  at  such  times  and  in  such  manner  and  location  as  it 
may  agree  upon  with  the  commissioner  of  the  state  depart- 
ment of  public  works,  or,  in  case  of  failure  so  to  agree,  as 
may  be  approved  by  the  governor  and  council.  Said  town 
may  appropriate  and  expend  such  sums,  not  exceeding,  in 
the  aggregate,  two  thousand  dollars,  as  may  be  necessary  for 
the  aforesaid  purposes. 

Section  3.  The  said  sewers  and  appurtenances,  upon 
completion  and  connection  with  said  Rutland-Holden  trunk 
sewer,  shall  be  turned  over  to  the  town  of  Rutland  and  shall 
be  thereafter  maintained  and  operated  by  said  town;  and 
said  town  shall  annually  reimburse  the  metropolitan  district 
water  supply  commission,  or  its  successor,  its  proportionate 
share  of  the  cost  to  said  commission,  or  its  successor,  of 
receiving,  caring  for  and  disposing  of  said  sewage,  under  the 
terms  and  conditions  of  an  agreement  between  said  commis- 
sion and  said  town  dated  October  third,  nineteen  hundred 
and  thirty-eight. 

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

Approved  June  15,  1939. 


274  Acts,  1939.  —  Chap.  288 


Chap. 2S8  An  Act  further  extending  the  opportunity  to  cities 

AND    towns    to    borrow    UNDER    THE    ACT    CREATING    THE 
EMERGENCY    FINANCE    BOARD. 

Emergency  Wheveas,    The  deferred  operation  of  this  act  would  tend 

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

an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  forty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three,  as  most  recently  amended  in  sec- 
tion two  by  section  one  of  chapter  fifty-seven  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  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  sec- 
tion 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  ordi- 
nary maintenance  expenses  and  revenue  loans,  and  the 
board  may,  if  in  its  judgment  the  financial  affairs  of  such 
city  or  town  warrant,  grant  its  approval  to  the  borrowing 
as  aforesaid  of  specified  sums  not  at  any  time  exceeding,  in 
the  aggregate,  the  total  amount  represented  by  tax  titles 
taken  or  purchased  by  such  city  or  town  and  held  by  it; 
provided,  that  such  borrowing  is  made  at  any  time  or  times 
prior  to  July  first,  nineteen  hundred  and  forty-one.  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  pur- 
chased by  the  commonwealth  at  the  face  value  thereof. 
Such  notes  shall  be  payable  in  not  more  than  one  year,  and 
may  be  renewed  from  time  to  time,  if  authorized  by  the 
board,  but  no  renewal  note  shall  be  for  a  period  of  more 
than  one  year,  and  the  maturity  of  any  loan  or  renewal 
shall  not  be  later  than  July  first,  nineteen  hundred  and 
forty-two.  Such  notes  shall  be  general  obligations  of  the 
city  or  town  issuing  the  same,  notwithstanding  the  forego- 
ing provisions.  Indebtedness  incurred  by  a  city  or  town 
under  authority  of  this  act  shall  be  outside  its  limit  of  in- 
debtedness as  fixed  by  chapter  forty-four  of  the  General 
Laws.  The  excess,  if  any,  of  the  amount  of  interest  pay- 
ments received  by  the  commonwealth  on  account  of  notes 
issued  by  cities  and  towns  hereunder  over  the  cost  to  the 
commonwealth  for  interest  on  money  borrowed  under  sec- 
tion five,  expenses  of  the  board,  including  compensation 
paid  to  its  appointive  members,  and  expenses  of  adminis- 


Acts,  1939. —Chap.  289.  275 

tration  of  the  funds  provided  by  sections  three  and  five  shall 
be  distributed  to  such  cities  and  towns  in  November,  nine- 
teen hundred  and  forty-five,  or  earlier  at  the  discretion  of 
the  board,  in  the  proportion  which  the  aggregate  amounts 
payable  by  them  on  account  of  interest  on  such  notes  bear 
to  the  total  amounts  so  payable  by  all  cities  and  towns 
hereunder. 

Section  2.  Said  chapter  forty-nine  is  hereby  further 
amended  by  striking  out  section  five,  as  most  recently 
amended  by  section  two  of  said  chapter  fifty-seven,  and 
inserting  in  place  thereof  the  following :  —  Section  5.  The 
state  treasurer,  with  the  approval  of  the  governor  and 
council,  may  borrow  from  time  to  time,  on  the  credit  of  the 
commonwealth,  such  sums  as  may  be  necessary  to  provide 
funds  for  loans  to  municipalities  as  aforesaid,  and  may  issue 
and  renew  notes  of  the  commonwealth  therefor,  bearing  in- 
terest payable  at  such  times  and  at  such  rate  as  shall  be 
fixed  by  the  state  treasurer,  with  the  approval  of  the  gov- 
ernor and  council;  provided,  that  the  total  indebtedness  of 
the  commonwealth  under  this  section,  outstanding  at  any 
one  time,  shall  not  exceed  twenty-five  million  dollars.  Such 
notes  shall  be  issued  for  such  maximum  term  of  years  as  the 
governor  may  recommend  to  the  general  court  in  accordance 
with  section  three  of  Article  LXII  of  the  amendments  to 
the  constitution  of  the  commonwealth,  but  such  notes, 
whether  original  or  renewal,  shall  be  payable  not  later  than 
November  thirtieth,  nineteen  hundred  and  forty-five.  All 
notes  issued  under  this  section  shall  be  signed  by  the  state 
treasurer,  approved  by  the  governor  and  countersigned  by 
the  comptroller.  Approved  June  15,  1939. 


An  Act  authorizing  the  city  of  springfield  to  reim- 
burse THE  WIDOW  OF  CARL  ROLF  FOR  THE  EXPENSES  OF 
HIS    FUNERAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  city  of  Springfield  may  appropriate  and  pay  to 
the  widow  of  Carl  Rolf,  who  died  November  second,  nine- 
teen hundred  and  thirty-eight,  as  a  result  of  injuries  sus- 
tained while  in  the  performance  of  his  duty  as  a  member  of 
the  pohce  department  of  said  city,  a  sum  not  exceeding  five 
hundred  and  sixty-one  dollars,  in  reimbursement  of  the  ex- 
penses of  his  funeral. 

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  June  15,  1939. 


Chap.289 


276  Acts,  1939.  —  Chap.  290. 


Chap. 290  An  Act  establishing  the  north  sagamore  water  dis- 
trict IN  THE  TOWN  OF  BOURNE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Bourne,  Hable 
to  taxation  in  said  town,  and  residing  within  the  territory 
comprised  within  the  following  boundary  lines,  to  wit :  — 
beginning  at  the  northeast  corner  of  the  town  of  Bourne 
at  Cape  Cod  Bay  and  running  southwesterly  along  the 
boundary  line  between  the  town  of  Bourne  and  the  town 
of  Plymouth  to  a  point  five  hundred  feet  west  of  the  state 
highway  known  as  Route,  No.  3,  thence  turning  and  run- 
ning southerly  by  a  Hne  five  hundred  feet  west  of  and  parallel 
to  the  westerly  side  line  of  the  said  state  highway  known  as 
Route  3  to  the  vicinity  of  the  traffic  circle  at  the  northerly 
end  of  the  Sagamore  bridge,  thence  turning  and  running 
westerly  by  a  line  north  of  and  five  hundred  feet  distant 
from  the  state  highway  known  as  Route  No.  6  on  the  north 
side  of  the  canal  to  a  point  northerly  of  the  residence  of 
Nathan  B.  Hartford  opposite  the  junction  of  said  Route 
No.  6  and  the  Old  Wareham  road,  thence  still  running  west- 
erly by  a  line  five  hundred  feet  north  of  and  parallel  to  the 
northerly  side  line  of  the  Old  Wareham  road  to  and  across 
the  Herring  Pond  road  and  Herring  river  to  a  point  five 
hundred  feet  west  of  said  river,  thence  turning  and  running 
southerly  by  a  line  five  hundred  feet  west  of  said  river  to  the 
Cape  Cod  canal,  thence  running  easterly  by  the  Cape  Cod 
canal  to  the  Bourne-Sandwich  town  Hne,  and  thence  turn- 
ing and  running  northerly  by  the  Bourne-Sandwich  town 
hne  and  Cape  Cod  Bay  to  the  point  of  beginning  at  the 
northeast  corner  of  the  town  of  Bourne,  —  shall  constitute 
a  water  district  and  are  hereby  made  a  body  corporate  by 
the  name  of  the  North  Sagamore  Water  District,  herein- 
after called  the  district,  for  the  purpose  of  supplying  them- 
selves with  water  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes,  with  power  to  establish  foun- 
tains and  hydrants  and  to  relocate  and  discontinue  the  same, 
to  regulate  the  use  of  such  water  and  to  fix  and  collect  rates 
to  be  paid  therefor,  and  for  the  purposes  of  assessing  and 
raising  taxes  as  provided  herein  for  the  payment  of  such 
services,  and  for  defrajdng  the  necessary  expenses  of  carry- 
ing on  the  business  of  said  district,  subject  to  all  general 
laws  now  or  hereafter  in  force  relating  to  such  districts, 
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  here- 
inafter provided  for,  may  contract  with  any  municipality, 
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 


Acts,  1939.  —  Chap.  290.  277 

hereby  granted,  and  may  lay  water  mains  anywhere  within 
the  town  of  Bourne  for  the  purpose  of  securing  said  water 
supply,  and,  in  addition  or  in  the  alternative,  may  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  or  acquire  by  lease,  purchase  or  otherwise,  and  hold, 
the  waters,  or  any  portion  thereof,  of  any  pond,  spring  or 
stream,  or  of  any  ground  sources  of  supply  by  means  of 
driven,  artesian  or  other  wells,  within  the  town  of  Bourne 
or  within  that  portion  of  the  town  of  Plymouth  lying  within 
one  half  mile  of  the  northerly  boundary  of  the  district,  not 
already  appropriated  for  the  purposes  of  a  public  supply, 
and  the  water  rights  connected  with  any  such  water  sources ; 
and  for  said  purposes  may  take  as  aforesaid,  or  acquire  by 
purchase  or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
other  easements  necessary  for  collecting,  storing,  holding, 
purifying  and  preserving  the  purity  of  the  water  and  for 
conveying  the  same  to  any  part  of  said  district;  provided, 
that  no  source  of  water  supply  or  lands  necessary  for  pre- 
serving the  quahty  of  the  water  shall  be  so  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  state 
department  of  public  health,  and  that  the  location  and  ar- 
rangement of  all  dams,  reservoirs,  wells,  pumping  and  filtra- 
tion plants  and  such  other  works  as  may  be  necessary  in 
carrying  out  the  provisions  of  this  act  shall  be  subject  to 
the  approval  of  said  department.  Said  district  may  con- 
struct and  maintain  on  the  lands  acquired  and  held  under 
this  act  proper  dams,  wells,  reservoirs,  standpipes,  tanks, 
pumping  plants,  buildings,  fixtures  and  other  structures  in- 
cluding also  the  establishment  and  maintenance  of  filter 
beds  and  purification  works  or  systems,  and  may  make 
excavations,  procure  and  operate  machinery  and  provide 
such  other  means  and  appliances,  and  do  such  other  things 
as  may  be  necessary  for  the  establishment  and  maintenance 
of  complete  and  effective  water  works;  and  for  that  pur- 
pose may  construct,  lay  and  maintain  aqueducts,  conduits, 
pipes  and  other  works  under  or  over  any  land,  water  courses, 
railroads,  railways  and  public  or  other  ways,  and  along  such 
ways,  within  said  town  of  Bourne,  or  within  the  aforesaid 
portion  of  said  town  of  Plymouth,  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  conduits,  pipes  and  other  works,  and  for  all  proper  pur- 
poses of  this  act,  the  district  may  dig  up  or  raise  and  em- 
bank any  such  lands,  highways  or  other  ways  in  such  man- 
ner 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  in  which  such  way  lies.  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 


278  Acts,  1939.  —  Chap.  290. 

district  may  enter  upon  any  lands  for  the  purpose  of  mak- 
ing surveys,  test  pits  and  borings  and  may  take  or  otherwise 
acquire  the  right  to  occupy  temporarily  any  lands  neces- 
sary for  the  construction  of  any  work  or  for  any  other  pur- 
pose authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from  the 
district  under  said  chapter  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,  two  hundred 
thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words.  North  Sagamore 
Water  District  Loan,  Act  of  1939.  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.  The  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  the  district  by  the  assessors  of  said 
town  of  Bourne  annually  thereafter  until  the  debt  incurred 
by  said  loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  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;  pro- 
vided, that  no  estate  shall  be  subject  to  any  tax  assessed  on 
account  of  the  system  of  water  supply  under  this  act,  if,  in 
the  judgment  of  the  board  of  water  commissioners  herein- 
after provided  for,  after  a  hearing,  due  notice  of  which  shall 


Acts,  1939.  —  Chap.  290.  279 

have  been  given,  such  estate  is  so  situated  that  it  can  receive 
no  aid  in  the  extinguishment  of  fire  from  the  said  system  of 
water  supply,  or  receive  no  benefit  in  fire  insurance  grading 
therefrom,  or  both,  or  if  such  estate  is  so  situated  that  the 
buildings  thereon,  or  the  buildings  that  might  be  constructed 
thereon,  could  not  be  supplied  with  water  from  said  system 
in  any  ordinary  or  reasonable  manner;  but  all  other  estates 
in  said  district  shall  be  deemed  to  be  benefited  and  shall  be 
subject  to  the  tax.  A  certified  hst  of  the  estates  exempt 
from  taxation  under  the  provisions  of  this  section  shall 
annually  be  sent  by  the  board  of  water  commissioners  here- 
inafter provided  for  to  the  assessors,  at  the  same  time  at 
which  the  clerk  shall  send  a  certified  copy  of  the  vote  as 
aforesaid.  The  assessment  shall  be  committed  to  the  town 
collector,  who  shall  collect  said  tax  in  the  manner  provided 
by  law  for  the  collection  of  town  taxes,  and  shall  deposit  the 
proceeds  thereof  with  the  district  treasurer  for  the  use  and 
benefit  of  said  district.  Said  district  may  collect  interest 
on  overdue  taxes  in  the  manner  in  which  interest  is  author- 
ized to  be  collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to  be 
held  prior  to  the  acceptance  of  this  act,  and  any  meeting  of 
the  voters  of  the  district  to  be  held  prior  to  the  quahfication 
of  a  majority  of  the  water  commissioners,  shall  be  called,  on 
petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  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  effect,  and  the  meeting  may  then  pro- 
ceed to  act  on  the  other  articles  in  the  warrant.  After  the 
qualification  of  a  majority  of  the  water  commissioners,  meet- 
ings of  the  district  shall  be  called  by  warrant  under  their 
hands,  unless  some  other  method  be  provided  by  by-law  or 
vote  of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of  this 
act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meeting  at 
which  this  act  shall  have  been  accepted,  or  thereafter,  at  an 
annual  meeting  or  at  a  special  meeting  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 


280  Acts,  1939.  —  Chap.  290. 

at  every  annual  district  meeting  following  such  next  suc- 
ceeding annual  district  meeting  one  such  commissioner  shall 
be  elected  by  ballot  for  the  term  of  three  years.  The  date 
of  the  next  annual  meeting  shall  be  fixed  by  by-law  or  by 
vote  of  the  board  of  water  commissioners,  but  in  no  event 
shall  it  be  later  than  fifteen  months  subsequent  to  the  date 
on  which  the  water  commissioners  were  first  elected.  All 
the  authority  granted  to  said  district  by  this  act,  except 
sections  four  and  five,  and  not  otherwise  specifically  pro- 
vided for,  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject,  however,  to  such  instructions, 
rules  and  regulations  as  the  district  may  by  vote  impose. 
At  the  meeting  at  which  said  water  commissioners  are  first 
elected  and  at  each  annual  district  meeting  held  thereafter, 
the  district  shall  elect  by  ballot,  each  for  a  term  of  one  year, 
a  clerk  and  a  treasurer  of  the  district.  The  treasurer  shall 
not  be  a  water  commissioner,  and  shall  give  bond  to  the 
district  in  such  an  amount  as  may  be  approved  by  said 
water  commissioners  and  with  a  surety  company  authorized 
to  transact  business  in  the  commonwealth  as  surety.  A 
majority  of  said  water  commissioners  shall  constitute  a 
quorum  for  the  transaction  of  business.  Any  vacancy  oc- 
curring in  said  board  from  any  cause  may  be  filled  for  the 
remainder  of  the  unexpired  term  by  said  district  at  any 
legal  meeting  called  for  the  purpose.  No  money  shall  be 
drawn  from  the  treasury  of  the  district  on  account  of  its 
water  works  except  upon  a  written  order  of  said  water  com- 
missioners or  a  majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  appropriated  to  defray  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they  shall 
accrue  upon  any  bonds  or  notes  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  may  be  appropri- 
ated for  such  new  construction  as  said  commissioners  may 
recommend,  and  in  case  a  surplus  should  remain  after  pay- 
ment for  such  new  construction  the  water  rates  shall  be 
reduced  proportionately.  Said  commissioners  shall  annu- 
ally, and  as  often  as  the  district  may  require,  render  a 
report  upon  the  condition  of  the  works  under  their  charge, 
and  an  account  of  their  doings,  including  an  account  of 
receipts  and  expenditures. 

Sectiox  11.  The  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  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight.  The  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  neces- 


Acts,  1939. —Chap.  291.  281 

sary  or  proper.  The  district  shall  have  all  the  rights  and 
privileges  conferred  by  law  upon  water  districts,  so  far  as 
applicable. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall  for- 
feit and  pay  the  district  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort,  and 
upon  conviction  of  any  of  the  above  wilful  or  wanton  acts 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  or  by  imprisonment  for  not  more  than  six  months. 

Section  13.  Upon  a  petition  in  writing  addressed  to  said 
commissioners  requesting  that  certain  real  estate,  accurately 
described  therein,  located  in  said  town  and  abutting  on  said 
district  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  the  district  to  be  called,  at  which  meeting  the  voters 
may  vote  on  the  question  of  including  said  real  estate 
within  the  district.  If  a  majority  of  the  voters  present  and 
voting  thereon  vote  in  the  affirmative  the  district  clerk  shall 
within  ten  days  file  with  the  town  clerk  of  said  town  and 
with  the  state  secretary  an  attested  copy  of  said  petition 
and  vote;  and  thereupon  said  real  estate  shall  become  and 
be  part  of  the  district  and  shall  be  holden  under  this  act  in 
the  same  manner  and  to  the  same  extent  as  the  real  estate 
described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  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,  by  the  use  of  the  check  list,  at 
a  district  meeting  called,  in  accordance  with  section  eight, 
within  three  years  after  its  passage,  but  not  otherwise. 

Approved  June  15,  1939. 


An  Act  relative  to  the  taking  by  the  town  of  west-  QJia'p.2^]. 

WOOD    OF    certain    PROPERTIES    OF    THE    DEDHAM    WATER 
COMPANY   WITHIN    SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  Part  II  of  chapter  two  hundred 
and  forty-eight  of  the  acts  of  nineteen  hundred  and  thirty  is 
hereby  amended  by  inserting  after  the  word  "seventy-nine" 
in  the  sixteenth  hne  the  words:  —  or  chapter  eighty  A, — 
so  as  to  read  as  follows :  —  Section  1 .  The  town  of  West- 
wood  may  supply  itself  and  its  inhabitants  with  water  for 
the  extinguishment  of  fires  and  for  domestic  and  other  pur- 
poses; may  establish  one  or  more  systems  of  water  supply 
within  its  limits  for  such  purposes;   may  establish  fountains 


282  Acts,  1939.  —  Chap.  291. 

and  hydrants,  relocate  or  discontinue  the  same,  and  may 
regulate  the  use  of  such  water  and  fix  and  collect  rates  to 
be  paid  for  the  use  of  the  same.  For  the  aforesaid  purposes, 
said  town  may  purchase  from  the  Dedham  Water  Company, 
and  said  company  may  sell  to  said  town,  water  from  its 
sources  of  supply  wherever  located.  If  the  rights  and  privi- 
leges of  said  company  within  the  town  of  Westwood  have 
not  terminated  under  section  four  of  Part  I  of  this  act,  said 
town  shall,  before  otherwise  proceeding  to  establish  a  water 
supply  system  under  Part  II  of  this  act,  take  by  eminent 
domain  under  chapter  seventy-nine  or  chapter  eighty  A  of 
the  General  Laws,  or  purchase  as  provided  in  section  five  of 
said  Part  I,  the  franchise,  property  and  all  the  rights  and 
privileges  of  the  Dedham  Water  Company  within  the  limits 
of  the  town  of  Westwood. 

Section  2.  Section  two  of  said  Part  II  of  said  chapter 
two  hundred  and  forty-eight  is  hereby  amended  by  insert- 
ing after  the  word  "seventy-nine"  in  the  third  and  eleventh 
lines,  respectively,  the  words :  —  or  under  said  chapter  eighty 
A,  —  so  as  to  read  as  follows:  —  Section  2.  The  said  town, 
for  the  purposes  aforesaid,  may  lease,  or  take  by  eminent 
domain  under  said  chapter  seventy-nine  or  under  said  chap- 
ter eighty  A,  or  acquire  by  purchase  or  otherwise,  and  hold, 
the  waters,  or  any  portion  thereof,  of  any  pond,  brook  or 
stream  or  of  any  ground  water  sources  by  means  of  driven 
or  other  wells  or  filter  galleries,  within  the  limits  of  said 
town,  and  the  water  rights  and  water  sources  connected 
therewith,  provided,  that  the  amount  of  water  which  may 
be  taken  shall  from  time  to  time  be  determined  by  vote  of 
the  town;  and  also  may  take  by  eminent  domain  under 
said  chapter  seventy-nine  or  under  said  chapter  eighty  A, 
or  acquire  by  purchase  or  otherwise,  and  hold,  all  lands, 
rights  of  way  and  easements  necessary  for  collecting,  stor- 
ing, purifying  and  preserving  such  water  and  for  conveying 
the  same  to  any  part  of  said  town  of  Westwood;  provided, 
that  no  source  of  water  supply  and  no  lands  necessary  for 
preserving  the  quality  of  the  water  shall  be  taken  without 
first  obtaining  the  advice  and  approval  of  the  department 
of  public  health,  and  that  the  location  of  all  dams,  reser- 
voirs, wells  or  filter  galleries  to  be  used  as  sources  of  water 
supply  under  Part  II  of  this  act  shall  be  subject  to  the 
approval  of  said  department.  Said  town  may  construct  and 
may  erect  on  the  lands  taken  or  held  under  the  provisions 
of  Part  II  of  this  act  proper  dams,  reservoirs,  buildings, 
standpipes,  fixtures  and  other  structures,  and  may  make  ex- 
cavations, procure  and  operate  machinery,  and  provide  such 
other  means  and  appfiances  and  do  such  other  things  as  may 
be  necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works;  and  for  that  purpose  may 
construct  wells  and  reservoirs,  establish  pumping  works  and 
lay  down  and  maintain  conduits,  pipes  and  other  works, 
under  or  over  any  lands,  water  courses,  railroads  or  public 
or  private  ways,  and  along  any  such  way  in  said  town  in 


Acts,  1939.  —  Chap.  292.  283 

such  manner  as  not  unnecessarily  to  obstruct  the  same; 
and  for  the  purpose  of  constructing,  laying,  maintaining, 
operating  and  repairing  such  conduits,  pipes  and  other  works, 
and  for  all  other  proper  purposes  of  Part  II  of  this  act  said 
town  may  dig  up  or  raise  and  embank  any  such  lands,  high- 
ways, or  other  ways  in  such  manner  as  to  cause  the  least 
hindrance  to  public  travel  thereon.  Said  town  shall  not 
enter  upon,  construct  or  lay  any  conduits,  pipes  or  other 
works  within  the  location  of  any  railroad  corporation  except 
at  such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation  or  in  case  of  failure  so  to  agree  as  may  be 
approved  by  the  department  of  public  utihties. 

Section  3.  Section  four  of  said  Part  II  of  said  chapter 
two  hundred  and  forty-eight  is  hereby  amended  by  insert- 
ing after  the  word  "seventy-nine"  in  the  fourth  line  the 
words :  —  or  under  said  chapter  eighty  A,  —  so  as  to  read 
as  follows: —  Section  If.  Any  person  or  corporation  injured 
in  his  or  its  property  by  any  action  of  said  town  or  board 
under  Part  II  of  this  act  may  recover  damages  from  said 
town  under  said  chapter  seventy-nine  or  under  said  chapter 
eighty  A,  provided,  that  the  right  to  damages  for  the  taking 
of  any  water,  water  right,  or  any  injury  thereto,  shall  not 
vest  until  the  water  is  actually  withdrawn  or  diverted  by 
said  town  under  authority  of  this  act. 

Approved  June  15,  1939. 


An  Act  further  extending  the  period  of  time  within  (Jfi^jj  292 

WHICH  THE  COMMISSIONER  OF  BANKS  MAY  BORROW  FUNDS  ^' 

FOR  THE   PAYMENT   OF  DIVIDENDS   IN   THE   LIQUIDATION   OF 
CERTAIN    CLOSED    BANKS. 

Be  it  enacted f  etc.,  as  follows: 

Section  two  of  chapter  one  hundred  and  twenty-two  of 
the  acts  of  nineteen  hundred  and  thirty-two,  as  most  re- 
cently amended  by  chapter  two  hundred  and  sixty-one  of 
the  acts  of  nineteen  hundred  and  thirty-eight,  is  hereby  fur- 
ther amended  by  striking  out,  in  the  fourth  line,  the  word 
"eight"  and  inserting  in  place  thereof  the  word:  —  nine,  — 
so  as  to  read  as  follows:  —  Section  2.  For  the  purpose  of 
paying  dividends  in  the  hquidation  of  any  such  bank  as 
provided  in  section  one,  the  commissioner  is  hereby  author- 
ized in  his  discretion  to  borrow  from  time  to  time,  within  a 
period  of  nine  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  busi- 
ness shall  authorize;  and  as  security  therefor  may  pledge 
and  assign  any  or  all  the  assets  of  such  bank. 

Approved  June  15,  1939. 


284  Acts,  1939.  —  Chaps.  293,  294. 


Chap. 293  An  Act  providing  a  water  supply  for  certain  inhabit- 
ants OF  THE  TOWN  OF  BRIDGEWATER  FROM  THE  WATER 
SUPPLY  SYSTEM  OF  THE  STATE  FARM. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  correction  is  hereby  authorized  and 
directed  to  furnish  water  for  domestic  purposes  to  buildings 
located  near  the  property  of  the  state  farm  in  the  town  of 
Bridgewater  at  such  uniform  rates  as  may  be  established  from 
time  to  time  by  said  department,  subject  to  the  approval  of 
the  department  of  public  utilities;  provided,  that  the  owner 
of  each  such  building  to  be  furnished  water  as  aforesaid 
shall  first  deposit  in  the  state  treasury  an  amount  sufficient 
to  defray  the  cost  of  a  connection  with  the  water  supply 
system  of  the  state  farm,  and  of  a  meter,  if  required  by  said 
department  of  correction,  and  all  expenses  on  account  of 
making  such  connection  or  installing  such  meter;  and,  pro- 
vided, further,  that  the  said  department,  before  commencing 
to  deliver  water  to  any  such  building,  may  require  a  deposit 
with  the  state  treasurer  of  mone}''  or  security  satisfactory  to 
him,  to  insure  the  payment  of  any  water  charges  that  may 
become  due  on  account  of  water  furnished  to  such  building 
hereunder  and  may,  if  any  person,  when  required  by  said 
department,  fails  to  so  furnish  or  maintain  any  such  deposit, 
discontinue  the  furnishing  of  water  to  him.  The  acceptance 
or  use  by  any  person  of  water  furnished  under  authority  of 
this  act  shall  constitute  an  agreement  on  the  part  of  such 
person,  for  himself  or  itself  and  his  or  its  heirs,  successors 
and  assigns,  that  there  shall  be  no  liability  on  the  part  of 
the  commonwealth,  or  of  the  commissioner  of  correction, 
on  account  of  (1)  the  furnishing  of  water  hereunder,  or  (2) 
the  failure  to  furnish  water  hereunder,  or  (3)  for  any  dam- 
ages resulting  from  the  maintenance  of  such  water  supply. 
Nothing  herein  shall  be  construed  to  prohibit  the  said  de- 
partment from  limiting  the  supply  of  water  to  be  furnished 
to  such  buildings  at  any  time  when  in  its  opinion  there  is 
danger  of  a  scarcity  of  water  for  the  purposes  of  the  state 
farm.  Approved  June  15,  1939. 

Chap. 294:  An  Act  providing  a  remedy  in  case  a  city  or  town 

FAILS    TO    PROVIDE    MONEY    FOR    THE    SUPPORT    OF    PUBLIC 
SCHOOLS   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Edt'77l'34  Chapter  seventy-one  of  the  General  Laws  is  hereby 
ameAded.  '  amended  by  striking  out  section  thirty-four,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
Forfeiture  for  the  followiug: —  Scction  SJf..  Evcry  city  and  town  shall  an- 
nually provide  an  amount  of  money  sufficient  for  the  sup- 
port of  the  pubHc  schools  as  required  by  this  chapter.  Upon 
petition  to  the  superior  court,  sitting  in  equity,  against  a 
city  or  town,  brought  by  ten  or  more  taxable  inhabitants 


neglect  to 
raise  money 
for  schools,  etc 


Acts,  1939.  —  Chap.  295.  285 

thereof,  or  by  the  mayor  of  a  city,  or  by  the  attorney  general, 
alleging  that  the  amount  necessary  in  such  city  or  town  for 
the  support  of  public  schools  as  aforesaid  has  not  been  in- 
cluded in  the  annual  budget  appropriations  for  said  year, 
said  court  may  determine  the  amount  of  the  deficiency,  if 
any,  and  may  order  such  city  and  all  its  officers  whose  action 
is  necessary  to  carry  out  such  order,  or  such  town  and  its 
treasurer,  selectmen  and  assessors,  to  provide  a  sum  of 
money  equal  to  such  deficiency,  together  with  a  sum  equal 
to  twenty-five  per  cent  thereof.  When  such  an  order  is 
made  prior  to  the  fixing  of  the  annual  tax  rate  the  forego- 
ing sums  shall  be  required  by  such  order  to  be  provided  by 
taxation  in  the  manner  set  forth  in  section  twenty-three  of 
chapter  fifty-nine;  and  when  such  an  order  is  made  after 
the  annual  tax  rate  has  been  fixed  according  to  law  such 
sums  shall  be  required  by  such  order  to  be  provided  by  bor- 
rowing in  the  same  manner  and  for  the  same  period  of  time 
as  is  provided  under  clause  (11)  of  section  seven  of  chapter 
forty-four  in  the  case  of  final  judgments,  subject  to  all  other 
applicable  provisions  of  chapter  forty-four,  except  that,  in 
the  case  of  a  town,  such  borrowing  shall  be  made  by  the 
town  treasurer,  with  the  approval  of  a  majority  of  the  select- 
men, and  no  vote  of  the  town  shall  be  required  therefor. 
Said  court  may  order  that  the  sum  equal  to  the  deficiency 
be  appropriated  and  added  to  the  amounts  previously  ap- 
propriated for  the  school  purposes  of  such  city  or  town  in 
the  year  in  which  such  deficiency  occurs  and  may  order  that 
the  amount  in  excess  of  the  deficiency  be  held  by  such  city 
or  town  as  a  separate  account,  to  be  applied  to  meet  the 
appropriation  for  school  purposes  in  the  following  j^ear. 

Approved  June  15,  1939. 

An  Act  relative  to  the  granting  of  soldiers'  relief  (J}iqj)  295 
TO  certain  minor  children  of  certain  veterans. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  seventeen  of  chapter  one  g.  l.  (Ter. 
hundred  and  fifteen  of  the  General  Laws,  as  most  recently  ftc'.!'ameAdJd.' 
amended  by  chapter  seventy-seven  of  the  acts  of  nineteen 
hundred  and  thirty-six,  is  hereby  further  amended  by  strik- 
ing out,  in  the  seventeenth  fine,  the  word  "sixteen"  and  in- 
serting in  place  thereof  the  word:  —  eighteen,  —  by  striking 
out,  in  the  twentieth  to  the  twenty-second  lines,  the  words 
"sixteen  years  of  age,  or  minor  children  over  sixteen  but 
under  eighteen  years  of  age  who  attend  school  or  are  inca- 
pacitated for  work"  and  inserting  in  place  thereof  the 
words:  —  eighteen  years  of  age,  —  and  by  striking  out,  in 
the  thirty-ninth  to  the  forty-first  lines,  the  words  "sixteen 
years  of  age,  and  those  over  sixteen  but  under  eighteen 
years  of  age  who  attend  school  or  are  incapacitated  for 
work"  and  inserting  in  place  thereof  the  words:  —  eighteen 
years  of  age,  —  so  as  to  read  as  follows :  —  If  a  person  who  soldiers' 
served  in  the  army  or  navy  of  the  United  States  in  the  war  '■^''''^- 


286  Acts,  1939.  —  Chap.  295. 

of  the  rebellion,  in  the  army,  navy  or  marine  corps  in  the 
war  with  Spain  or  the  Philippine  insurrection  between  April 
twenty-first,  eighteen  hundred  and  ninety-eight,  and  July 
fourth,  nineteen  hundred  and  two,  or  in  the  army,  navy  or 
marine  corps  in  the  world  war,  or  a  pensioner  of  the  United 
States  who  served  under  the  authority  or  by  the  approval 
of  the  United  States  or  any  state  or  territory  in  any  Indian 
war  or  campaign,  or  in  connection  with  or  in  the  zone  of 
any  active  Indian  hostilities  in  any  of  the  states  or  territories 
of  the  United  States  prior  to  January  first,  eighteen  hundred 
and  ninety-eight,  and  received  an  honorable  discharge  from 
all  enlistments  therein,  and  who  has  a  legal  settlement  in  a 
town  in  the  commonwealth,  becomes  poor  and  wholly  or 
partly  unable  to  provide  maintenance  for  himself,  his  wife 
or  minor  children  under  eighteen  years  of  age  or  for  a  needy 
father  or  mother,  unless  such  condition  is  the  result  of  his 
own  criminal  or  wilful  misconduct,  or  if  such  person  dies 
leaving  a  widow  or  minor  children  under  eighteen  years  of 
age,  or  a  needy  father  or  mother,  such  support  as  may  be 
necessary  shall  be  accorded  to  him  or  his  said  dependents  or 
needy  parents  by  the  town  where  they  or  any  of  them  have 
a  legal  settlement,  and  his  said  dependents  or  needy  parents, 
in  the  case  of  his  death,  shall  not  be  deemed  ineligible  to 
receive  said  support  by  reason  of  criminal  or  wilful  miscon- 
duct on  his  part  at  any  time  during  his  lifetime ;  but  should 
such  person  have  all  the  said  qualifications  except  settle- 
ment, if  he  served  in  the  war  of  the  rebellion,  or  in  the  army, 
navy  or  marine  corps  in  the  war  with  Spain  or  the  Philip- 
pine insurrection  between  said  dates,  his  widow,  who  has 
acquired  a  legal  settlement  in  her  own  right  before  August 
twelfth,  nineteen  hundred  and  sixteen,  which  settlement 
has  not  been  defeated  or  lost,  or  if  he  served  in  the  world 
war  and  at  the  time  of  his  decease  was  a  legal  resident  of 
this  commonwealth,  his  widow,  who  has  a  legal  settlement 
and  who  has  not  remarried,  and  his  minor  children  under 
eighteen  years  of  age,  shall  also  be  eligible  to  receive  relief 
under  this  section.  Any  crippled,  Wind  or  helpless  child, 
whether  a  minor  or  adult,  of  a  deceased  person  who  served 
in  the  army  or  navy  of  the  United  States  in  the  war  of  the 
rebellion,  or  in  the  war  with  Spain  or  the  Philippine  insur- 
rection between  April  twenty-first,  eighteen  hundred  and 
ninety-eight  and  July  fourth,  nineteen  hundred  and  two, 
and  received  an  honorable  discharge  from  all  enlistments 
therein,  if  such  child  is  receiving  a  pension  from  the  United 
States  and  is  not  otherwise  eligible  to  receive  relief  under 
this  section,  shall  also  be  eligible  as  aforesaid.  Such  relief 
shall  be  furnished  by  the  aldermen  or  selectmen,  or,  in  Bos- 
ton, by  the  soldiers'  relief  commissioner,  subject,  however, 
to  the  direction  of  the  city  council  of  said  city  as  to  the 
amount  to  be  paid.  The  beneficiary  shall  receive  said  relief 
at  home,  or  at  such  other  place  as  the  aldermen,  selectmen 
or  soldiers'  relief  commissioner  deem  proper,  but  he  shall 
not  be  compelled  to  receive  the  same  at  an  infirmary  or 


Acts,  1939.  —  Chap.  296.  287 

public  institution  unless  his  physical  or  mental  condition 
requires,  or,  if  a  minor,  unless  his  parents  or  guardian  so 
elect.  Approved  June  15,  1939. 

An  Act  regulating  the  traveling  expenses  of  jus-  nhr,^  oQfi 

TICES   AND   OFFICERS   OF   CERTAIN   DISTRICT   COURTS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  eighteen  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  amenUd.'  ^  ^^' 
eighty-one,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following :  —  Section  81 .  No  Traveling 
allowance  shall  be  made  to  the  justice,  special  justices,  ^''p^"^®^- 
clerk,  assistant  clerks,  court  officers  or  probation  officers  of 
a  district  court  for  traveling  expenses  incurred  by  him  or 
them  when  required  to  hold  or  attend  a  session  of  such  court; 
provided,  that,  if  sessions  of  a  district  court  are  held  in  more 
than  one  town  in  its  district,  the  county  commissioners  of 
the  county  in  which  such  district  lies  shall  designate  in  which 
town  the  clerk's  main  office  shall  be  established,  and  the 
justice,  special  justices,  clerk,  assistant  clerks,  court  officers 
and  probation  officers  of  such  court  shall  each  be  allowed 
by  the  county  his  traveling  expenses  necessarily  incurred 
when  required  to  hold  or  attend  sessions  of  said  court  at 
any  town  in  its  district  other  than  the  town  in  which  said 
main  office  is  so  established,  such  expenses  to  be  computed 
either  from  the  town  where  such  office  is  established  to  such 
other  town,  or  from  his  place  of  residence  within  such  dis- 
trict to  such  other  town,  whichever  is  the  shorter  distance. 
All  expenses  allowed  under  this  section  shall  be  subject  to 
the  approval  of  said  county  commissioners. 

Section  2.  Chapter  two  hundred  and  seventy-six  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ftt! 'amended*' 
ninety-four,  as  amended  by  chapter  one  hundred  and  fifty- 
five  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following :  —  Section  94-  The  reasonable  ex-  Expenses  of 
penses  incurred  by  probation  officers  of  the  superior  court  offi^e^rs"'' 
in  the  performance  of  their  duties  shall  be  approved  and 
apportioned  by  the  court,  and  paid  by  the  county  to  which 
they  are  thus  apportioned.  Such  reasonable  expenses  shall 
include  the  traveling  expenses  necessarily  incurred  by  such 
a  probation  officer  in  connection  with  attendance  at  sessions 
of  said  court  outside  of  the  town  in  which  the  principal 
office  of  such  probation  officer  is  maintained,  such  expenses 
to  be  computed  from  and  to  said  town.  Money  to  be  used 
for  the  necessary  expenses  to  be  incurred  by  such  a  proba- 
tion officer  in  going  outside  the  commonwealth  for  the  pur- 
pose of  bringing  back  for  surrender  to  the  court  a  person 
who  is  on  probation  shall  be  advanced  by  the  treasurer  of 
the  county  in  which  such  person  was  placed  on  probation, 
upon  presentation  of  a  certificate  signed  by  the  probation 
officer  and  approved  by  said  court.  After  his  return  such 
probation  officer  shall  account  for  such  money  by  filing  with 


288  Acts,  1939.  —  Chap.  297. 

said  county  treasurer  itemized  vouchers,  duly  sworn  to,  ap- 
proved by  the  court,  setting  forth  the  necessary  expenses  so 
incurred  and  any  unexpended  balance  of  such  money  shall 
be  paid  to  said  county  treasurer.  Subject  to  section  eighty- 
one  of  chapter  two  hundred  and  eighteen,  probation  officers 
of  district  courts  and  of  the  Boston  juvenile  court  shall  be 
reimbursed  by  the  county  for  their  actual  disbursements  for 
necessary  expenses  incurred  while  in  the  performance  of 
their  duties,  including  their  reasonable  traveling  expenses 
in  attending  conferences  authorized  by  section  ninety-nine, 
not  exceeding  three  hundred  dollars  to  each  in  any  one 
year,  upon  vouchers  approved  by  the  court  by  which  they 
are  appointed. 
Act,  how  Section  3.     No  provision  of  section  one  or  section  two 

construe  .  ^^  ^^^^  ^^^  ^^^^j  ^^  construed  as  restricting  or  diminishing 
the  amount  or  rate  of  the  allowances  for  travel  payable  on 
the  effective  date  of  this  act  to  any  justice,  special  justice, 
clerk,  assistant  clerk,  court  officer  or  probation  officer  of  a 
district  court  then  in  office  or  employed  in  such  court. 

Approved  June  15,  1939. 

Chap. 2^1  An  Act  authorizing  the  armory  commission  to  acquire 

AND    convey    certain    LANDS    ADJACENT    TO    THE    STATE 
RIFLE   RANGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  armory  commission  is  hereby  authorized, 
with  the  approval  in  each  instance  of  the  governor  and 
council,  to  acquire  by  conveyance  from  the  New  England 
Power  Company,  a  Massachusetts  corporation,  the  follow- 
ing described  parcels  of  real  estate,  to  wit:  — 

A  certain  tract  or  parcel  of  land  situated  in  Reading, 
Middlesex  county,  Massachusetts,  in  the  Cedar  swamp,  so- 
called,  bounded  and  described  as  follows:  westerly  by  land 
now  or  formerly  of  Daniel  Needham ;  northerly  by  land  now 
or  formerly  of  Willard  Wiley  and  land  now  or  formerly  of 
Israel  A.  Parsons;  easterly  by  land  now  or  formerly  of  the 
heirs  of  Benjamin  Wiley;  and  southerly  by  land  now  or 
formerly  of  John  Perkins  and  land  now  or  formerly  of 
Wright  Newhall. 

Also  a  certain  tract  or  parcel  of  land  situated  in  said  Cedar 
swamp  in  said  Reading,  bounded  and  described  as  follows: 
southerly  by  land  now  or  formerly  of  James  Norwood; 
westerly  by  land  now  or  formerly  of  Zachariah  King's  heirs; 
northerly  by  land  now  or  formerly  of  Kendall  Flint;  and 
easterly  by  land  now  or  formerly  of  Wright  Newhall. 

Also  a  certain  tract  or  parcel  of  land  situated  in  North 
Reading,  Middlesex  county,  Massachusetts,  in  said  Cedar 
swamp,  bounded  and  described  as  follows:  northeasterly  by 
land  now  or  formerly  of  Kendall  FHnt;  easterly  by  land 
now  or  formerly  of  Wright  Newhall  heirs;  southerly  by  land 
now  or  formerly  of  one  Norwood;  and  westerly  by  land 
now  or  formerly  of  one  King. 


Acts,  1939.  —  Chap.  297.  289 


Also  a  certain  swamp  or  wood  lot  situated  partly  in  said 
Reading  and  partly  in  Lynnfield,  E.ssex  county,  Massachu- 
setts, bounded  and  described  as  follows:  beginning  at  a 
point  on  the  southerly  side  of  parcel  number  one  described 
in  a  deed  from  Charles  H.  Danforth  et  ali.  to  Charles  Wake- 
field, dated  November  twentieth,  nineteen  hundred  and 
twelve,  recorded  with  Essex  South  District  Deeds  in  book 
thirtj^-seven  hundred  and  fifty-one,  page  two  hundred  and 
seventy-three,  hereinafter  referred  to,  at  land  now  or  for- 
merly of  the  heirs  of  Daniel  Needham,  and  running  in  a 
generally  southwesterly  direction,  thirty-five  and  one  fourth 
rods,  more  or  less,  to  land  now  or  formerly  of  the  heirs  of 
Bowman  Viles;  thence  turning  and  running  in  a  westerly 
direction,  bounding  on  said  land  formerly  of  Viles'  heirs, 
fifty-two  rods,  more  or  less,  to  the  southeast  corner  of  land 
formerly  of  Parsons;  thence  turning  and  running  north- 
easterly by  said  land  formerly  of  Parsons  to  land  of  John 
H.  Perkins;  thence  turning  and  running  southeasterly  by 
various  courses,  bounding  on  land  of  said  John  H.  Perkins, 
and  on  said  parcel  number  one  hereinabove  mentioned,  to 
the  point  of  beginning;  being  the  second  parcel  described 
in  a  certain  deed  from  Charles  H.  Danforth  et  ah.  to  Charles 
Wakefield,  dated  November  twentieth,  nineteen  hundred 
and  twelve,  recorded  with  said  Deeds  in  book  thirty-seven 
hundred  and  fifty-one,  page  two  hundred  and  seventj^-three. 

Excepting  from  the  above  described  parcels,  and  reserving 
to  the  New  England  Power  Company,  its  successors  and 
assigns,  the  following  described  parcel  of  land  situated  in 
said  Reading  and  Ljmnfield,  and  bounded  and  described  as 
follows:  beginning  at  a  creosoted  stake  at  the  most  north- 
easterly corner  of  the  parcel  herein  reserved,  in  the  boundary 
line  of  land  of  George  C.  MacGregor;  thence  running  south 
seventy-eight  degrees  forty  minutes  east,  twenty-four  and 
thirty-six  hundredths  feet,  by  land  of  said  MacGregor,  to  a 
creosoted  stake;  thence  running  south  forty-three  degrees 
forty  minutes  east,  twenty-three  hundred  and  twenty-two 
and  fifty-five  hundredths  feet  by  a  line  parallel  with,  and 
one  hundred  and  twenty-five  feet  northeasterly  from,  the 
center  line  of  present  tower  line  to  a  creosoted  stake,  at 
other  land  of  the  commonwealth  of  Massachusetts;  thence 
running  south  twelve  degrees  nine  minutes  west,  two  hun- 
dred and  forty-four  and  forty-one  hundredths  feet  by  said 
other  land  of  the  commonwealth  of  Massachusetts,  to  a 
creosoted  stake;  thence  running  south  thirty-five  degrees 
forty-five  minutes  west,  two  hundred  and  ninety-seven  and 
eighty-six  hundredths  feet  to  a  creosoted  stake  in  the  center 
line  of  the  present  tower  line;  thence  running  north  twenty- 
two  degrees  thirty-two  minutes  west,  two  hundred  and 
twenty-nine  and  seventy-seven  hundredths  feet  by  other 
land  of  the  commonwealth  of  Massachusetts,  to  a  creosoted 
stake  which  is  located  south  twenty-two  degrees  thirty- 
two  minutes  east,  twenty-one  and  five  tenths  feet  from 
an  old  cedar  stake  set  in  the  dividing  line  between  other 


290  Acts,  1939.  —  Chap.  297. 

land  of  said  New  England  Power  Company  and  said  com- 
monwealth of  Massachusetts;  thence  running  north  twelve 
degrees  nine  minutes  east,  one  hundred  and  ninety-six  and 
one  hundredth  feet  by  a  line  parallel  with,  and  one  hundred 
and  twenty-five  feet  westerly  from,  the  center  line  of  the 
present  tower  line  to  a  creosoted  stake;  thence  running 
north  forty-three  degrees  forty  minutes  west,  two  thousand 
and  fifty-nine  and  sixteen  hundredths  feet  by  a  line  parallel 
with,  and  one  hundred  and  twenty-five  feet  southwesterly 
from,  the  center  line  of  the  present  tower  line  to  a  creosoted 
stake  at  land  now  or  formerly  of  Wright  Newall  heirs;  thence 
running  north  eleven  degrees  nineteen  minutes  east,  one 
hundred  and  one  and  sixty  hundredths  feet  by  said  Newall 
heirs  to  a  creosoted  stake;  thence  running  north  fifteen  de- 
grees seven  minutes  east,  one  hundred  and  seventy-eight 
and  seventy  hundredths  feet  by  land  of  said  Newall  heirs, 
to  a  creosoted  stake  at  the  point  of  beginning. 

Also  a  certain  parcel  of  land  in  Reading,  Middlesex  county, 
Massachusetts,  bounded  and  described  as  follows:  beginning 
at  a  point  in  the  Reading-Lynnfield  town  line  at  the  south- 
easterly corner  of  the  premises  hereby  conveyed;  thence 
turning  and  running  north  seventy-nine  degrees  four  minutes 
thirty  seconds  west,  by  said  town  line,  two  hundred  and 
twenty  and  twenty-one  hundredths  feet  to  lot  3-A;  thence 
turning  and  running  north  thirty-nine  degrees  forty-four 
minutes  west,  by  said  lot  3-A,  six  hundred  and  twenty-four 
and  sixty-four  hundredths  feet,  to  land  now  or  formerly  of 
Charles  C.  Wakefield  et  al.;  thence  turning  and  running 
north  thirty-two  degrees  fifty-two  minutes  ten  seconds  east, 
by  said  land  of  said  Charles  C.  Wakefield,  three  hundred 
and  seventy-seven  and  forty-two  hundredths  feet  to  a  creo- 
soted stake  in  the  division  line  between  the  towns  of  Lynn- 
field  and  Reading;  thence  turning  and  running  south  twenty- 
six  degrees  three  minutes  thirty  seconds  east,  by  said  town 
line,  nine  hundred  and  thirty-four  and  ninety-three  hun- 
dredths feet,  to  the  point  of  beginning. 

Excepting  herefrom  and  reserving  to  the  New  England 
Power  Company,  its  successors  and  assigns,  the  following 
described  parcel  of  land:  beginning  at  a  creosoted  stake  set 
in  the  boundary  fine  between  Reading  and  Lynnfield  at  the 
northeasterly  corner  of  the  parcel  herein  reserved;  thence 
nmning  south  twelve  degrees  nine  minutes  west,  four  hun- 
dred and  sixty-four  and  fortj^-nine  hundredths  feet  by  a 
line  parallel  with  and  one  hundred  and  twenty-five  feet 
easterly  from  the  center  line  of  the  present  tower  line  to  a 
creosoted  stake  set  in  the  boundary  line  between  the  parcel 
herein  reserved  and  other  land  of  the  commonwealth  of 
Massachusetts,  formerly  of  Joseph  U.  LeMay;  thence  run- 
ning north  thirty-six  degrees  fifty-one  minutes  west,  two 
hundred  and  thirty-one  and  thirty-three  hundredths  feet 
by  said  land  of  the  commonwealth  of  Massachusetts  to  a 
creosoted  stake  at  other  land  of  said  commonwealth  of 
Massachusetts,  formerly  of  Henry  K.  Abbott;   thence  run- 


Acts,  1939.  —  Chap.  297.  291 

ning  north  thirty-five  degrees  forty-five  minutes  east,  one 
hundred  and  thirty-eight  and  twenty  hundredths  feet  by 
said  land  of  said  commonwealth  of  Massachusetts  to  a 
creosoted  stake;  thence  continuing  in  the  same  direction, 
two  hundred  and  thirty-nine  and  twenty-two  hundredths 
feet,  by  other  land  of  the  New  England  Power  Company, 
formerly  of  Charles  C.  Wakefield  et  all.,  to  a  creosoted 
stake  set  in  the  boundary  line  between  said  Reading  and 
Lynnfield;  thence  running  south  twenty-three  degrees  eleven 
minutes  east,  forty  and  six  tenths  feet  by  said  town  line, 
to  the  point  of  beginning.  Containing  one  and  eight  hun- 
dredths acres. 

Also  another  certain  parcel  of  land  situated  in  Lynnfield, 
Essex  county,  Massachusetts,  bounded  and  described  as 
follows:  beginning  at  the  southeasterly  corner  of  the  herein 
granted  premise^,  in  the  line  of  land  now  or  formerly  of 
Bay  State  Military  Rifle  Association,  it  being  the  southwest- 
erly corner  of  land  now  or  formerly  of  Clarence  F.  Doore; 
thence  running  north  twenty-nine  degrees  fifty-eight  min- 
utes ten  seconds  west,  by  land  now  or  formerly  of  said 
association,  five  hundred  and  eighty-four  and  twenty-two 
hundredths  feet;  thence  turning  and  running  north  fifty- 
four  degrees  seventeen  minutes  east,  by  land  now  or  for- 
merly of  John  H.  Hewes,  one  hundred  and  eighty-six  and 
eighty-four  hundredths  feet;  thence  turning  and  running 
south  thirty-eight  degrees  forty-two  minutes  twenty  seconds 
east,  by  land  now  or  formerly  of  Joseph  U.  LeMay,  four 
hundred  and  seventy-four  and  seventy-three  hundredths 
feet;  thence  turning  and  running  south  thirty-two  degrees 
thirty-eight  minutes  ten  seconds  west,  bounded  by  land  now 
or  formerly  of  said  Doore,  about  two  hundred  and  ninety 
and  fifty-nine  hundredths  feet  to  the  point  of  beginning. 

Excepting  herefrom  and  reserving  to  the  New  England 
Power  Company,  its  successors  and  assigns,  the  following 
described  parcel  of  land:  beginning  at  a  stone  bound  at  the 
northeasterly  corner  of  the  parcel  herein  reserved  on  the 
boundary  line  between  said  parcel  and  other  land  of  the 
commonwealth  of  Massachusetts;  thence  running  south 
thirty-five  degrees  west,  two  hundred  and  ninety  and  fifty- 
nine  hundredths  feet  by  other  land  of  the  New  England 
Power  Company,  formerly  of  Clarence  F.  Doore  et  ux.,  to 
a  drill  hole  and  iron  pipe  in  a  stone  wall  dividing  land  herein 
reserved  and  land  of  the  commonwealth  of  Massachusetts; 
thence  running  north  twenty-seven  degrees  thirty-six  min- 
utes west,  one  hundred  and  twenty-two  and  one  hundredth 
feet  by  said  wall  and  said  land  of  said  commonwealth  of 
Massachusetts,  to  a  creosoted  stake  and  stones;  thence  run- 
ning north  twenty-five  degrees  forty-five  minutes  east,  three 
and  twenty-five  hundredths  feet  to  a  creosoted  stake;  thence 
running  north  twelve  degrees  nine  minutes  east,  three  hun- 
dred thirty-eight  and  eighty-five  hundredths  feet  by  a  line 
parallel  with,  and  one  hundred  and  twenty-five  feet  westerly 
from  the  center  fine  of  the  present  tower  line,  to  a  creosoted 


292  Acts,  1939.  —  Chap.  297. 

stake  and  stones  in  the  boundary  line  dividing  land  herein 
reserved  and  land  of  the  commonwealth  of  Massachusetts; 
thence  runniag  south  thirty-six  degrees  twenty  minutes  east, 
two  hundred  and  fifty-three  and  sixty-four  hundredths  feet 
by  said  land  of  the  commonwealth  of  Massachusetts,  to  the 
stone  bound  at  the  point  of  beginning.  Containing  one  and 
eleven  hundredths  acres. 

Also  another  certain  parcel  of  land  situated  in  Lynnfield, 
Essex  county,  Massachusetts,  bounded  and  described  as  fol- 
lows: southwesterly  by  land  now  or  formerly  of  E.  Minette 
Fisher  et  al.,  five  hundred  and  thirty-four  and  fifty-five 
hundredths  feet;  westerly  and  southwesterly^  by  land  now 
or  formerly  of  Bay  State  Military  Rifle  Association,  one 
thousand  and  sixty-one  and  thirty  hundredths  feet;  north- 
westerly by  land  now  or  formerly  of  said  Bay  State  Militarjr 
Rifle  Association,  three  hundred  and  thirty-two  and  fifty- 
five  hundredths  feet;  northerly  by  land  now  or  formerly  of 
Annie  S.  Jackson,  formerly  Annie  S.  Perkins,  five  hundred 
and  fifty-five  and  five  hundredths  feet;  easterly  by  land 
now  or  formerly  of  George  A.  Hart,  twelve  hundred  and 
eighty-nine  and  six  tenths  feet.  Containing  sixteen  and 
fifty-seven  hundredths  acres. 

Excepting  herefrom  and  reserving  to  the  New  England 
Power  Company,  its  successors  and  assigns,  the  following 
described  parcel  of  land:  beginning  at  a  drill  hole  in  rock 
and  an  iron  pipe  located  at  the  northeasterly  corner  of  the 
parcel  herein  reserved;  thence  running  south  twenty-five 
degrees  forty-five  minutes  west,  twelve  hundred  and  eighty- 
nine  and  sixty  hundredths  feet  by  land  now  or  formerly  of 
George  A.  Hart,  by  a  line  parallel  with  and  one  hundred 
and  twenty-five  feet  easterly  from  the  center  line  of  the 
present  tower  line,  to  a  creosoted  stake  and  stones  and  iron 
pipe  located  in  a  stone  wall  at  land  of  the  New  England 
Power  Company;  thence  running  north  forty  degrees  two 
minutes  west,  two  hundred  and  forty-four  and  eight  hun- 
dredths feet  along  said  stone  wall,  by  other  land  of  the  New 
England  Power  Company,  to  a  drill  hole  in  said  wall ;  thence 
running  north  thirty-eight  degrees  two  minutes  west,  thirty 
and  five  tenths  feet  along  said  wall,  by  said  other  land  of 
the  New  England  Power  Company,  to  a  creosoted  stake  and 
stones;  thence  running  north  twenty-five  degrees  forty-five 
minutes  east,  twelve  hundred  and  seventy-one  and  fifteen 
hundredths  feet,  by  a  line  parallel  with  and  one  hundred 
and  twenty-five  feet  westerly  from  the  center  line  of  the 
present  tower  hne,  to  a  creosoted  stake  and  stones  set  in 
the  wall  dividing  land  herein  reserved  and  land  of  Annie  S. 
Jackson;  thence  running  north  forty-three  degrees  twenty- 
five  minutes  east,  two  hundred  and  sixty-seven  and  forty- 
eight  hundredths  feet  by  said  wall  and  land  now  or  formerly 
of  said  Jackson,  to  the  point  of  beginning.  Containing  seven 
and  thirty-five  hundredths  acres. 

Also  another  certain  lot  of  woodland  situated  in  Lynn- 
field,  Essex  county,  Massachusetts,  bounded  and  described 


Acts,  1939.  —  Chap.  297.  293 

as  follows:  easterly  and  northerly  by  land  of  Joseph  Hart's 
heirs;  westerly  and  southerly  by  land  of  Hubbard  Emer- 
son's heirs,  and  land  of  Abner  Mosley,  and  land  of  Moses 
Richardson's  heirs.  Containing  about  twelve  acres,  more  or 
less. 

Excepting  so  much  thereof  as  has  been  previously  con- 
veyed by  Eunice  E.  Damon  to  Thomas  E.  Cox,  by  deed 
May  twenty-third,  nineteen  hundred  and  four,  recorded 
with  Essex  Southern  District  Deeds,  book  seventeen  hun- 
dred and  forty-two,  page  three  hundred  and  fifty-five. 

Also  excepting  herefrom  and  reserving  to  the  New  England 
Power  Company,  its  successors  and  assigns,  the  following 
described  parcel  of  land:  beginning  at  the  northeasterly 
corner  of  the  parcel  herein  reserved  at  a  corner  of  the  stone 
walls  at  land  now  or  formerly  of  Charles  N.  Wilson ;  thence 
running  south  twenty-four  degrees  twenty  minutes  west, 
six  hundred  and  forty-two  and  twenty  hundredths  feet,  by 
land  now  or  formerly  of  said  Wilson  and  by  land  now  or 
formerly  of  Emerson,  to  a  corner  of  the  stone  walls  at  the 
southeasterly  corner  of  the  parcel  herein  reserved;  thence 
running  north  forty  degrees  twenty  minutes  west,  one  hun- 
dred and  ninety  and  fifty-one  hundredths  feet,  by  a  stone 
wall  and  land  of  Howard  B.  Robinson,  to  a  creosoted  stake 
and  stones;  thence  continuing  in  the  same  direction  one 
hundred  and  thirtj^-six  and  seventy-four  hundredths  feet, 
by  said  wall  and  land  of  said  Robinson,  to  the  center  line 
of  the  present  tower  line;  thence  running  north  thirty-nine 
degrees  fifty-nine  minutes  west,  one  hundred  and  thirty- 
seven  and  one  tenth  feet,  by  said  wall,  to  a  drill  hole  at  the 
southwesterly  corner  of  land  hereby  reserved;  thence  run- 
ning north  twenty-five  degrees  forty-five  minutes  east,  six 
hundred  and  thirty-six  and  sixty-six  hundredths  feet,  by  a 
fine  parallel  with  and  one  hundred  and  twenty-five  feet 
northwesterly  from  the  center  line  of  the  present  tower  line, 
to  a  creosoted  stake  and  stones  in  a  stone  wall;  thence  run- 
ning south  thirty-eight  degrees  two  minutes  east,  thirty  and 
five  tenths  feet  to  a  drill  hole  in  said  wall;  thence  running 
south  forty  degrees  two  minutes  east,  two  hundred  and 
forty-four  and  eight  hundredths  feet  by  said  wall  to  a  creo- 
soted stake  and  stones  and  an  iron  pipe  at  land  of  George 
A.  Hart;  thence  continuing  in  the  same  direction,  one  hun- 
dred and  seventy-three  and  thirty-five  hundredths  feet,  by 
said  wall  and  by  land  of  said  Hart  and  land  now  or  formerly 
of  Charles  N.  Wilson,  to  the  point  of  beginning.  Contain- 
ing six  and  sixty-nine  hundredths  acres. 

Section  2.  The  armory  commission  is  hereby  authorized, 
with  the  approval  in  each  instance  of  the  governor  and  coun- 
cil, and  in  the  name  of  the  commonwealth  of  Massachusetts, 
to  convey,  by  appropriate  deed  or  deeds,  to  the  New  Eng- 
land Power  Company,  a  Massachusetts  corporation,  the  fol- 
lowing described  parcels  of  real  estate,  to  wit :  — 

A  certain  triangular  parcel  of  land  situated  in  Lynnfield, 
Essex  county,  Massachusetts,  and  bounded  and  described 


294  Acts,  1939.  —  Chap.  297. 

as  follows:  beginning  at  a  creosoted  stake  set  in  the  town 
line  between  Lynnfield  and  Reading  at  the  southwesterly- 
corner  of  the  parcel  herein  to  be  conveyed;  thence  running 
north  thirty-five  degrees  forty-five  minutes  east,  fifty-eight 
and  sixty-four  hundredths  feet,  by  land  of  the  New  England 
Power  Company,  formerly  of  Charles  C.  Wakefield  et  aU., 
to  a  creosoted  stake  in  the  boundary  line  between  land  of 
said  New  England  Power  Company,  formerly  of  Charles  C. 
Wakefield  et  ali.,  and  land  of  the  commonwealth  of  Massa- 
chusetts; thence  running  south  twelve  degrees  nine  min- 
utes west,  eighty-six  and  eighty-five  hundredths  feet  by  said 
land  of  said  commonwealth  of  Massachusetts,  by  a  line 
parallel  with  and  one  hundred  and  twenty-five  feet  easterly 
from  the  center  fine  of  the  present  tower  line,  to  a  creosoted 
stake  in  the  town  line  between  Lynnfield  and  Reading; 
thence  running  north  twenty-three  degrees  eleven  minutes 
west,  forty  and  six  tenths  feet  by  other  land  of  the  New 
England  Power  Company,  formerly  of  William  B.  Nelson 
et  ux.,  to  the  point  of  beginning.  Containing  one  thousand 
and  nineteen  square  feet  of  land. 

Also  another  certain  parcel  of  land  situated  partly  in 
Reading,  Middlesex  county,  Massachusetts,  and  partly  in 
Lynnfield,  Essex  county,  Massachusetts,  and  bounded  and 
described  as  follows:  beginning  at  an  iron  pipe  and  creo- 
soted stake  located  at  the  northwesterly  corner  of  the  parcel 
herein  to  be  conveyed  and  the  southwesterly  corner  of  lot 
3-B;  thence  running  south  thirty-six  degrees  fifty-one  min- 
utes east,  two  hundred  and  thirty-one  and  thirty-three 
hundredths  feet  by  said  lot  3-B,  now  owned  by  the  New 
England  Power  Company,  and  formerly  of  William  B.  Nelson 
et  ux.,  to  a  creosoted  stake  in  the  northwesterly  corner  of 
lot  3-G,  now  owned  by  the  commonwealth  of  Massachusetts, 
and  formerly  of  Joseph  U.  LeMay;  thence  running  south 
twelve  degrees  nine  minutes  west,  two  hundred  and  forty- 
nine  and  thirty-three  hundredths  feet,  by  land  of  this  com- 
monwealth, formerly  of  Joseph  U.  LeMay,  by  a  line  parallel 
with  and  one  hundred  and  twenty-five  feet  easterly  from 
the  center  line  of  the  present  tower  line,  to  the  town  line 
between  Reading  and  Lynnfield;  thence  continuing  in  the 
same  direction,  four  hundred  and  eighty-seven  and  eighty- 
three  hundredths  feet  by  lot  1-K,  now  owned  by  the  com- 
monwealth of  Massachusetts,  formerly  of  Joseph  U.  LeMay, 
by  a  line  parallel  with  and  one  hundred  and  twenty-five 
feet  easterly  from  the  center  line  of  the  present  tower  line, 
to  a  creosoted  stake  set  in  the  boundary  line  of  lot  1-C, 
now  owned  by  the  New  England  Power  Company,  formerly 
of  Clarence  F.  Doore  et  ux.;  thence  running  north  fifty- 
five  degrees  thirty-eight  minutes  west,  sixty-four  and  eighty- 
two  hundredths  feet,  by  said  lot  1-C,  to  a  stone  bound  at 
the  northwesterly  corner  thereof;  thence  running  north 
thirty-six  degrees  twenty  minutes  west,  two  hundred  and 
fifty-three  and  seventy-four  hundredths  feet,  by  lot  1-D, 
now  owned  by  the  New  England  Power  Company,  formerly 


Acts,  1939.  —  Chap.  297.  295 

of  William  B.  Nelson,  to  a  creosoted  stake  and  stones;  thence 
running  north  twelve  degrees  nine  minutes  east,  three  hun- 
dred and  one  and  seventy-nine  hundredths  feet  by  lot  l-I, 
now  owned  by  the  commonwealth  of  Massachusetts,  for- 
merly of  Joseph  U.  LeMay,  by  a  line  parallel  with  and  one 
hundred  and  twenty-five  feet  westerly  from  the  center  line 
of  the  present  tower  line,  to  the  town  line  between  Lynn- 
field  and  Reading;  thence  continuing  in  the  same  direction 
two  hundred  and  twenty-two  and  fifteen  hundredths  feet, 
by  lot  3-E,  now  owned  by  the  commonwealth  of  Massachu- 
setts, formerly  of  Joseph  U.  LeMay,  by  a  line  parallel  with 
and  one  hundred  and  twenty-five  feet  westerly  from  the 
center  line  of  the  present  tower  line,  to  a  creosoted  stake 
at  other  land  of  the  commonwealth  of  Massachusetts,  for- 
merly of  Henry  K.  Abbott;  thence  running  north  thirty- 
five  degrees  forty-five  minutes  east,  one  hundred  and  eighty- 
eight  and  thirty-eight  hundredths  feet,  by  land  of  the  com- 
monwealth of  Massachusetts,  formerly  of  Abbott,  to  an  iron 
pipe  and  a  creosoted  stake  at  the  point  of  beginning.  Con- 
taining four  and  fifteen  hundredths  acres. 

Also  another  certain  triangular  parcel  of  land  situated  in 
Reading,  Middlesex  county,  Massachusetts,  bounded  and 
described  as  follows:  beginning  at  a  creosoted  stake  located 
at  the  northerly  corner  of  the  parcel  hereby  to  be  conveyed, 
on  the  boundary  line  between  land  of  the  New  England 
Power  Company,  formerly  of  Charles  C.  Wakefield  et  ali., 
and  land  of  the  commonwealth  of  Massachusetts,  formerly 
of  Henry  K.  Abbott;  thence  running  south  twenty-two 
degrees  thirty-two  minutes  east,  two  hundred  and  twenty- 
nine  and  seventy-seven  hundredths  feet,  by  land  of  the 
New  England  Power  Company,  formerly  of  Charles  C.  Wake- 
field et  ali.,  to  a  creosoted  stake  at  land  of  said  New  Eng- 
land Power  Company,  formerly  of  William  B.  Nelson  et  ux. ; 
thence  running  south  thirty-five  degrees  forty-five  minutes 
west,  three  hundred  and  twenty-six  and  fifty-eight  hun- 
dredths feet,  by  land  of  the  New  England  Power  Company, 
formerly  of  WiUiam  B.  Nelson  et  ux.,  and  by  land  of  the 
commonwealth  of  Massachusetts,  formerly  of  Joseph  U. 
LeMay,  to  a  creosoted  stake  at  other  land  of  said  common- 
wealth of  Massachusetts;  thence  running  north  twelve 
degrees  nine  minutes  east,  four  hundred  and  eighty-seven 
and  seventy-six  hundredths  feet,  by  land  of  said  common- 
wealth of  Massachusetts,  formerly  of  Henry  K.  Abbott,  by 
a  line  parallel  with  and  one  hundred  and  twenty-five  feet 
westerly  from  the  center  line  of  the  present  tower  line,  to 
the  point  of  beginning.  Containing  fifteen  hundredths  of 
an  acre. 

Also  another  certain  parcel  of  land  situated  in  Lynnfield, 
Essex  county,  Massachusetts,  bounded  and  described  as 
follows :  beginning  at  a  creosoted  stake  and  stones  in  a  stone 
wall  dividing  land  now  or  formerly  of  the  New  England 
Power  Company  and  land  now  or  formerly  of  Clarence  H. 
Stone,  and  at  the  northeasterly  corner  of  the  parcel  to  be 


296  Acts,  1939.  —  Chap.  297. 

conveyed;  thence  running  south  thirty-four  degrees  fifteen 
minutes  west,  four  hundred  and  three  and  eighteeen  hun- 
dredths feet,  by  land  of  said  Stone,  to  a  creosoted  stake  and 
stones  at  the  land  now  or  formerly  of  Annie  S.  Jackson,  and 
land  of  the  commonwealth  of  Massachusetts;  thence  run- 
ning north  twenty-four  degrees  forty-five  minutes  west,  one 
hundred  and  seventy-three  and  seventy-three  hundredths 
feet  by  said  land  of  the  commonwealth  of  Massachusetts  to 
a  creosoted  stake  and  stones;  thence  running  north  twenty- 
five  degrees  forty-five  minutes  east,  four  hundred  and 
thirty-two  and  thirty-four  hundredths  feet,  by  said  land  of 
the  commonwealth  of  Massachusetts,  by  a  line  parallel  with 
and  one  hundred  and  twenty-five  feet  northwesterly  from 
the  center  line  of  the  present  tower  line  of  the  New  England 
Power  Company,  to  a  creosoted  stake  and  stones  in  the  wall 
at  land  now  or  formerly  of  the  New  England  Power  Com- 
pany; thence  running  south  twenty-seven  degrees  thirty- 
six  minutes  east,  two  hundred  and  forty-one  and  forty-one 
hundredths  feet,  by  said  wall,  to  the  point  of  beginning. 
Containing  one  and  ninety-nine  hundredths  acres. 

Also  another  certain  triangular  parcel  of  land  situated 
in  Lynnfield,  Essex  county,  Massachusetts,  bounded  and 
described  as  follows:  beginning  at  a  creosoted  stake  and 
stones  located  at  the  corner  of  the  land  to  be  conveyed,  land 
of  the  commonwealth  of  Massachusetts,  land  of  Clarence 
H.  Stone  and  land  of  Annie  S.  Jackson;  thence  running 
south  thirty-four  degrees  fifteen  minutes  west,  nine  hun- 
dred and  six  and  ninety-one  hundredths  feet,  by  land  of  said 
Jackson,  to  a  creosoted  stake  and  stones  at  other  land  of 
the  commonwealth  of  Massachusetts;  thence  nmning  north 
twenty-five  degrees  forty-five  minutes  east,  one  thousand 
and  seven  and  forty-five  hundredths  feet,  by  said  land  of 
the  commonwealth  of  Massachusetts,  by  a  line  parallel  with 
and  one  hundred  and  twenty-five  feet  northwesterly  from 
the  center  line  of  the  present  tower  line,  to  a  creosoted  stake 
and  stones  at  other  land  of  the  commonwealth  of  Massachu- 
setts; thence  running  south  twenty-four  degrees  forty-five 
minutes  east,  one  hundred  and  seventy-three  and  seventy- 
three  hundredths  feet,  by  said  other  land  of  the  common- 
wealth of  Massachusetts,  to  the  point  of  beginning.  Con- 
taining three  and  ten  hundredths  acres. 

Also  the  right  and  easement  to  enter  upon  the  land  of 
the  commonwealth  of  Massachusetts  lying  in  Reading  and 
Lynnfield,  Middlesex  and  Essex  counties,  Massachusetts, 
being  land  formerly  owned  by  Mabel  F.  Savage,  and  located 
near  the  Cedar  swamp,  so-called,  and  the  right  to  take 
therefrom  ten  thousand  yards  of  fill  and  gravel  for  the  pur- 
pose of  building  a  road  along  the  New  England  Power 
Company's  transmission  line  right  of  way. 

Also  the  perpetual  right  and  easement,  in  common  with 
the  commonwealth  of  Massachusetts,  its  successors  and 
assigns,  and  others  lawfully  entitled  thereto,  to  pass  and 
repass,  with  vehicles  or  otherwise,  for  any  and  all  purposes 


Acts,  1939.  —  Chaps.  298,  299.  297 

whatsoever,  along  the  roadway  running  from  the  westerly- 
side  of  Chestnut  street,  in  said  Lynnfield,  in  a  northwesterly 
direction  by  land  now  or  formerly  of  L.  Gersinovitch,  and 
in  a  westerly  direction  through  land  formerly  of  Mabel  F. 
Savage  near  the  Cedar  swamp,  so-called,  crossing  the  town 
line  between  Reading  and  Lynnfield  to  the  location  of  the 
transmission  line  right  of  way  of  the  New  England  Power 
Company.  Approved  June  15,  1939. 


An  Act  establishing  statutory  limitations  applicable  Chap. 298 
TO  suits  against  administrators  de  bonis  non  and 

FURTHER  limiting  THE  TIME  FOLLOWING  THE  EXPIRATION 
OF  WHICH   SUCH  ADMINISTRATORS   MAY  PAY  DEBTS. 

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: 

Chapter  one  hundred  and  ninety-seven  of  the  General  g^l.^(Tm.^ 
Laws  is  hereby  amended  by  inserting  after  section  two,  as  inserted. ' 
amended,   the  following  new  section:  —  Section  2 A.     Sec- Administrators 
tions  one  and  two  shall  apply  to  administrators  de  bonis  ilmitaUon  of ' 
non,  except  that  when  applied  to  such  an   administrator  actions  against. 
the  period  provided  in  each  of  said  sections  shall  be  three 
months  from  the  time  of  his  giving  bond;    provided,  that 
if  in  any  case  such  period  would  otherwise  expire  less  than 
six  months  after  the  executor  or  administrator  first  appointed 
gave  bond,  such  period  shall  be  extended  to  the  expiration 
of  said  six  months.  Approved  June  19,  1939. 

An  Act  further  regulating  the  penalty  for  voting  Char).299 

ILLEGALLY  OR  ATTEMPTING  TO  SO  VOTE  OR  FOR  AIDING  OR  ^' 

ABETTING    SUCH   VOTING    OR   ATTEMPTING   TO    SO   VOTE. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     Section  thirty-three  of  chapter  fifty-six  of  gj^-^J'^^gg 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  ameAded.      ' 
tion,  is  hereby  amended  by  inserting  after  the  word  "not" 
in  the  tenth  hne  the  words:  —  less  than  six  months  nor,  — 
so  as  to  read  as  follows :  —  Section  33.     Whoever,  knowing  iiiegai  voting 
that  he  is  not  a  quahfied  voter  in  any  place,  wilfully  votes  or  t^  s"v^te' 
attempts  to  vote  therein;    whoever  votes  or  attempts  to 
vote  more  than  once  on  his  own  name,  his  name  having 
been  registered  more  than  once;  whoever  votes  or  attempts 
to  vote  in  more  than  one  voting  precinct  or  town,  his  name 
having  been  registered  in  more  than  one  voting  precinct  or 
town;  whoever  votes  or  attempts  to  vote  on  any  name  other 
than  his  own,  or  knowingly  casts  or  attempts  to  cast  more 
than  one  ballot  at  one  time  of  balloting;   or  whoever  votes 
or  attempts  to  vote  otherwise  illegally;    shall  be  punished 


298 


Acts,  1939. —  Chap.  299. 


G.  L.  (Ter. 
Ed.),  56,  §  35, 
amended. 


Aiding  or 
abetting  illegal 
voting. 


G.  L.  (Ter. 
Ed.),  56,  §  68, 
amended. 


Prosecution 
not  to  be 
placed  on 
file. 


G.  L.  (Ter. 
Ed.),  276,  §  57, 
amended. 


G.  L.  (Ter. 
Ed.),  279,  §  1, 
etc.,  amended. 


by  imprisonment  for  not  less  than  six  months  nor  more  than 
one  year.  This  section  shall  apply  to  primaries,  caucuses 
and  elections. 

Section  2.  Section  thirty-five  of  said  chapter  fifty-six, 
as  so  appearing,  is  hereby  amended  by  inserting  after  the 
word  "not"  in  the  fifth  line  the  words:  —  less  than  six 
months  nor,  —  so  as  to  read  as  follows :  —  Section  35.  Who- 
ever, at  a  primary,  caucus  or  election,  aids  or  abets  a  per- 
son, who  is  not  entitled  to  vote,  in  voting  or  attempting 
to  vote,  or  in  voting  or  attempting  to  vote  under  a  name 
other  than  his  own,  or  in  casting  or  attempting  to  cast  more 
than  one  ballot,  shall  be  punished  by  imprisonment  for  not 
less  than  six  months  nor  more  than  one  year. 

Section  3.  Section  sixty-eight  of  said  chapter  fifty-six, 
as  so  appearing,  is  hereby  amended  by  adding  at  the  end  the 
following:  —  Nothing  in  this  section  shall  be  deemed  to 
permit  the  suspension  of  the  execution  of  the  sentence  of  a 
person  convicted  of  a  violation  of  any  provision  of  section 
thirty-three  or  thirty-five  of  chapter  fifty-six,  —  so  as  to 
read  as  follows :  —  Section  68.  A  prosecution  for  the  vio- 
lation of  any  provision  of  chapters  fifty  to  fifty-six,  inclusive, 
shall  not,  unless  the  purposes  of  justice  require  such  dispo- 
sition, be  placed  on  file  or  disposed  of  except  by  trial  and 
judgment  according  to  the  regular  course  of  criminal  pro- 
ceedings. It  shall  be  disposed  of  otherwise  only  upon  written 
motion  stating  specifically  the  reasons  therefor  and  verified 
by  affidavit  if  facts  are  relied  on.  If  the  court  or  magistrate 
certifies  in  writing  that  he  is  satisfied  that  the  cause  relied 
on  exists  and  that  the  interests  of  public  justice  require  the 
allowance  of  the  motion,  the  motion  shall  be  allowed  and 
the  certificate  of  the  court  or  magistrate  shall  be  filed  in  the 
case.  Nothing  in  this  section  shall  be  deemed  to  permit 
the  suspension  of  the  execution  of  the  sentence  of  a  person 
convicted  of  a  violation  of  any  provision  of  section  thirty- 
three  or  thirty-five  of  chapter  fifty-six. 

Section  4.  Section  fifty-seven  of  chapter  two  hundred 
and  seventy-six  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  adding  at  the 
end  the  following  new  paragraph :  — 

No  person  arrested  for  violating  any  provision  of  section 
thirty-three  or  thirty-five  of  chapter  fifty-six  shall  be  ad- 
mitted to  bail  unless  there  is  deposited  not  less  than  five 
hundred  dollars  in  cash,  or  there  is  offered  real  estate  of  the 
fair  market  value  of  not  less  than  one  thousand  dollars,  over 
and  above  all  encumbrances,  as  security. 

Section  5.  The  second  paragraph  of  section  one  of  chap- 
ter two  hundred  and  seventy-nine  of  the  General  Laws,  as 
most  recently  amended  by  section  two  of  chapter  four  hun- 
dred and  thirty-four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  adding  at  the  end 
the  following :  —  ,  or  of  a  person  convicted  of  a  violation  of 
any  provision  of  section  thirty-three  or  thirty-five  of  chapter 
fifty-six,  —  so  as  to  read  as  follows :  — 


Acts,  1939.  —  Chap.  300.  299 

The  provisions  of  this  section  shall  not  permit  the  sus-  suspension 
pension  of  the  execution  of  the  sentence  of  a  person  convicted  norppTmitted 
of  a  crime  punishable  by  death  or  imprisonment  for  life  or  i"  certain 
of  a  crime  an  element  of  which  is  being  armed  with  a  danger-  ''^^^^' 
ous  weapon,  or  of  a  person  convicted  of  any  other  felony  if 
it  shall  appear  that  he  has  been  previously  convicted  of  any 
felony,  or  of  a  person  convicted  of  a  violation  of  any  provi- 
sion of  section  thirty-three  or  thirty-five  of  chapter  fifty-six. 

Approved  June  19,  1939. 


An  Act  relative  to  the  formation  of  mutual  companies  (Jfi^oj  3Q0 
TO  transact  fire  insurance  and  certain  allied  kinds         ^' 
OF  insurance. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventy-three  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-five  of  the  General  Laws,  as  appearing  in  amende^d.'  ^  ^^' 
the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out  the  first  paragraph  and  inserting  in  place  thereof  the 
following  paragraph :  —  No  policy  shall  be  issued  by  a  mutual  issuance 

«  f         ,  J  -J     1  1         •  ^^  policies 

fire  company  having  no  guaranty  capital  or  having  a  guar-  regulated. 
anty  capital  of  less  than  one  hundred  thousalid  dollars,  until 
not  less  than  one  million  dollars  of  insurance,  in  not  less  than 
four  hundred  separate  risks  upon  property  located  in  the 
commonwealth,  has  been  subscribed  for  and  entered  on  its 
books,  nor  until  a  list  of  the  subscribers  for  insurance,  with 
such  other  information  as  the  commissioner  may  require,  shall 
have  been  filed  with  him,  nor  until  the  president  and  secre- 
tary of  the  company  shall  have  certified  on  oath  that  every 
subscription  for  insurance  in  the  Ust  so  filed  is  genuine  and 
that  all  premiums  thereon  have  been  actually  paid  to  it  in  full 
in  cash.  If  such  officers  shall  make  a  false  oath  relative  to 
such  fist  or  premium  payments  they  shall  be  guilty  of  perjury. 

Section  2.    Section  ninety  A  of  said  chapter  one  hundred  g-jL-  (Ter. 
and  seventy-five,  as  so  appearing,  is  hereby  amended  by  §9oa, 
adding  at  the  end  the  following :  —  and  the  premiums  thereon  ^^'''^'^^'^' 
have  been  actually  paid  to  it  in  full  in  cash,  —  so  as  to  read 
as  follows :  —  Section  90 A .     No  policy  shall  be  issued  by  a  same  subject. 
mutual   company  formed  to  transact  business  under  the 
third  clause  of  section  forty-seven,  or  under  clause  (6)  or  (c) 
of  section  forty-eight  A,  and  having  no  guaranty  capital  or 
having  a  guaranty  capital  of  less  than  one  hundred  thou- 
sand dollars,  until  not  less  than  one  milHon  dollars  of  in- 
surance in  not  less  than  four  hundred  separate  risks  upon 
property  located  in  the  commonwealth,  in  case  of  a  com- 
pany formed  under  said  third  clause  or  said  clause  (6),  or  not 
less  than  two  million  dollars  of  insurance  in  not  less  than 
eight  hundred  separate  risks  as  aforesaid,  in  case  of  a  com- 
pany formed  under  said  clause  (c),  has  been  subscribed  for 
and  entered  on  its  books  and  the  premiums  thereon  have 
been  actually  paid  to  it  in  full  in  cash. 

Approved  June  19,  1939. 


300 


Acts,  1939. 


Chap.  301. 


C/iap.301 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  156,  §  5, 
amended. 


Use  of  names 
of  public 
service 


G.  L.  (Ter. 
Ed.),  164,  §  31, 
amended. 


panies  may 
hold  gas 
stock. 


An  Act  authorizing  domestic  corporations  to  own  the 

SHARES     OF     domestic     CORPORATIONS     ENGAGED     IN     THE 
GAS   business. 

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  1.  Section  five  of  chapter  one  hundred  and 
fifty-six  of  the  General  Laws,  as  appearing  in  the  Tercente- 
nary Edition,  is  hereby  amended  by  inserting  at  the  end 
the  following:  —  ;  provided,  that  the  foregoing  provisions 
shall  not  prohibit  a  corporation  having  its  principal  place 
of  business  in  the  commonwealth  from  purchasing,  ac- 
quiring, taking  or  holding  more  than  ten  per  cent  of  the 
capital  stock  of  a  domestic  corporation  carrying  on  within 
the  commonwealth  the  business  of  a  gas  company,  —  so  as 
to  read  as  follows :  —  Section  5.  No  corporation,  unless 
authorized  by  a  special  act  still  in  force,  shall  purchase, 
acquire,  take  or  hold,  directly  or  indirectly,  more  than  ten 
per  cent  of  the  total  capital  stock  of  any  domestic  corporation 
authorized  to  carry  on  within  the  commonwealth  the  busi- 
ness of  a  railroad,  street  railway,  electric  railroad,  elevated 
railway,  trolleymotor,  gas  or  electric  light,  heat  or  power 
company;  provided,  that  the  foregoing  provisions  shall  not 
prohibit  a  corporation  having  its  principal  place  of  busi- 
ness in  the  commonwealth  from  purchasing,  acquiring,  tak- 
ing or  holding  more  than  ten  per  cent  of  the  capital  stock 
of  a  domestic  corporation  carrying  on  within  the  common- 
wealth the  business  of  a  gas  company. 

Section  2.  Section  thirty-one  of  chapter  one  hundred 
and  sixty-four  of  the  General  Laws,  as  so  appearing,  is 
hereby  amended  by  inserting  at  the  end  thereof  the  follow- 
ing:—  ;  provided,  that  the  foregoing  provisions  shall  not 
prevent  a  domestic  corporation  having  its  principal  place 
of  business  in  the  commonwealth  from  holding  more  than 
ten  per  cent  of  the  capital  stock  of  a  gas  company,  —  so  as  to 
read  as  follows :  —  Section  31 .  A  manufacturing  or  other 
corporation  having  its  place  of  business  in  a  city  or  town 
where  a  gas  company  proposes  to  manufacture  gas  for  light 
may  hold  not  more  than  ten  per  cent  of  the  capital  stock  of 
such  gas  company;  provided,  that  the  foregoing  provisions 
shall  not  prevent  a  domestic  corporation  having  its  prin- 
cipal place  of  business  in  the  commonwealth  from  holding 
more  than  ten  per  cent  of  the  capital  stock  of  a  gas  company. 

Approved  June  19,  19S9. 


Acts,  1939.  —  Chap.  302.  301 


An  Act  further  defining  the  powers  and  duties  op  the  Chn/n  302 

MILK   CONTROL   BOARD.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  three  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundred  and  thirty-four, 
as  amended  by  section  one  of  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  striking  out  the  defini- 
tion of  "Producer"  and  inserting  in  place  thereof  the  fol- 
lowing: — 

"Producer",  a  person  producing  milk. 

Section  2.  Paragraph  (A)  of  section  twelve  of  said 
chapter  three  hundred  and  seventy-six,  as  amended  by 
section  three  of  said  chapter  four  hundred  and  twenty-eight, 
is  hereby  further  amended  by  inserting  after  the  word 
"buy"  in  the  second  line  the  words:  —  or  receive,  —  by 
inserting  after  the  word  "milk"  in  the  same  line  the  words: 

—  within  the  commonwealth,  —  and  by  striking  out,  in 
said  line,  the  words  "for  sale  within  the  commonwealth", 

—  so  that  the  first  sentence  of  said  paragraph  will  read  as 
follows :  —  No  milk  dealer  required  by  this  act  to  be  licensed 
shall  buy  or  receive  milk  within  the  commonwealth  from 
producers  or  others,  or  sell  or  distribute  milk  therein,  unless 
he  is  duly  Hcensed  as  provided  in  this  act,  and  no  milk  dealer 
shall  buy  milk  from  or  sell  milk  to  another  milk  dealer  who, 
being  required  by  this  act  to  be  licensed,  is  not  so  licensed, 
or  in  any  way  deal  in  or  handle  milk  which  he  has  reason  to 
beheve  has  previously  been  dealt  in  or  handled  in  violation 
of  any  provision  of  this  act,  or  of  any  rule,  regulation  or 
order  lawfully  made  thereunder. 

Section  3.  Paragraph  (B)  of  said  section  twelve  of  said 
chapter  three  hundred  and  seventy-six  is  hereby  amended 
by  inserting  after  the  word  "producer"  in  the  fourth  line 
the  words:  —  within  the  commonwealth,  —  and  by  striking 
out,  in  the  fifth  hne,  the  words  "to  be  distributed  in  such 
market"  and  inserting  in  place  thereof  the  words:  —  so 
acquired  and  distributed,  —  so  as  to  read  as  follows:  — 

(B)  No  milk  dealer  shall  distribute  or  sell  in  any  market 
within  the  commonwealth  milk  obtained  from  a  producer 
or  from  another  milk  dealer  if  such  milk  was  acquired  from 
the  producer  within  the  commonwealth  at  a  cost  less  than 
the  price  fixed  by  the  board  to  be  paid  for  milk  so  acquired 
and  distributed. 

Section  4.  Paragraph  (D)  of  said  section  twelve  of  said 
chapter  three  hundred  and  seventy-six,  as  amended  by  sec- 
tion four  of  said  chapter  four  hundred  and  twenty-eight,  is 
hereby  further  amended  by  striking  out  sub-paragraph  (12) 
and  inserting  in  place  thereof  the  following:  — 

(12)  That  he  knowingly  purchased,  received,  processed, 
sold  or  otherwise  handled  milk  within  the  commonwealth 
in  violation  of  any  of  the  applicable  laws,  or  of  the  rules, 


302  Acts,  1939.  —  Chap.  302. 

regulations  and  requirements  of  the  milk  regulation  board 
or  of  the  local  board  of  health;  or 

Section  5.  Section  fifteen  of  said  chapter  three  hundred 
and  seventy-six,  as  amended  by  chapter  two  hundred  and 
seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  striking  out  paragraph 
(B),  as  so  amended,  and  inserting  in  place  thereof  the  fol- 
lowing: — 

(B)  The  board,  after  making  an  examination  or  conduct- 
ing an  investigation  as  provided  by  paragraph  (A)  of  this 
section  shall  by  its  order  fix  the  minimum  prices  to  be  paid 
by  milk  dealers  to  other  milk  dealers,  and  to  producers  and 
other  persons,  for  milk  purchased  or  received  within  the 
commonwealth  and  the  terms  and  conditions  under  which 
such  prices  are  to  be  paid. 

(1)  Such  orders  relative  to  such  minimum  prices  shall 
apply  to  the  locality  in  which  the  milk  in  question  is  pro- 
duced or  to  the  market  or  markets  in  which  such  milk  is 
sold,  or  to  both,  and  may  vary  in  different  localities,  market 
production  zones  or  markets  according  to  the  varying  and 
differing  conditions  therein.  Each  such  order  may  classify 
such  milk  by  such  forms,  classes,  grades  or  uses  as  the  board 
may  deem  advisable  and  may  specify  the  minimum  prices 
therefor,  and  producers  of  such  milk  shall  be  paid  for  all 
such  milk  on  the  basis  of  the  class,  grade  or  use  in  which 
it  is  ultimately  sold  by  milk  dealers. 

(2)  Each  such  order  may  provide  rules  and  regulations 
for  the  sharing  of  the  value  of  milk  sold,  used  or  disposed  of 
in  each  class,  grade  or  use,  between  milk  dealers  who  are 
also  producers,  and  the  producers  from  whom  milk  is  re- 
ceived or  purchased  by  such  dealers,  in  proportion  to  their 
respective  dehveries  of  milk. 

Section  6.  Paragraph  (G)  of  said  section  fifteen  of  said 
chapter  three  hundred  and  seventy-six  is  hereby  amended 
by  striking  out,  in  the  ninth  fine,  the  word  "acquired",  — 
and  by  striking  out,  in  the  tenth  and  eleventh  lines,  the 
words  "to  be  paid  to  producers",  —  so  as  to  read  as  fol- 
lows:— 

(G)  The  handhng  within  the  commonwealth  of  milk 
from  any  market  production  zone  or  any  other  source  by  a 
milk  dealer  licensed  or  required  to  be  licensed  under  this 
act  shall  be  deemed  to  be  affected  with  a  public  interest 
and  to  be  a  subject  of  regulation  by  the  commonwealth  in 
the  exercise  of  its  police  power  and  the  provisions  of  this 
act  and  all  orders,  rules  and  regulations  made  thereunder 
shall  apply  to  all  such  milk  and  any  sale  within  the  com- 
monwealth by  any  such  milk  dealer  of  any  such  milk  at  a 
price  less  than  the  minimum  price  fixed  by  the  board  for  such 
milk  shall  be  a  violation  of  this  act.  Continued  violation 
of  any  provision  of  this  act  by  any  person  may  be  enjoined 
by  the  supreme  judicial  or  superior  court  upon  petition 
therefor  by  the  board.  Approved  June  19,  1939. 


Acts,  1939.  —  Chap.  303.  303 


An  Act  authorizing  the  town  of  southborough  to  take  Chav.dOS 

WATER  FOR  WATER  SUPPLY  PURPOSES  FROM  THE  PRESSURE 
AQUEDUCT  AND  TUNNEL  OF  THE  METROPOLITAN  WATER 
SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Southborough  is  hereby  au- 
thorized to  take  water  for  water  supply  purposes  of  said 
town  and  its  inhabitants  from  the  pressure  aqueduct  and 
tunnel  of  the  metropolitan  water  system,  upon  completion 
of  said  aqueduct  and  tunnel,  or  from  any  available  pipe 
line  or  other  structure  leading  from  said  pressure  aqueduct, 
at  such  times  as  water  may  be  available  in  said  aqueduct, 
upon  such  terms  and  conditions  as  may  be  mutually  agreed 
upon  by  the  metropolitan  district  commission  and  said 
town;  provided,  that  said  commission  shall  not  enter  into 
any  agreement  with  said  town  to  sell  water  at  less  than  the 
cost  of  the  water.  Said  town  may  enter  upon  the  lands  of 
the  commonwealth  at  such  place  or  places,  in  such  manner 
and  at  such  times  as  may  be  approved  by  said  commission 
for  the  purpose  of  constructing  and  maintaining  thereon 
pipes  or  pipe  lines  or  other  structures  for  the  purpose  of 
conveying  such  water;  provided,  that  for  all  damages  caused 
to  the  commonwealth  by  all  such  work  or  construction  said 
town  shall  pay  to  the  commonwealth  such  compensation 
as  miay  be  agreed  upon  between  said  town  and  said  com- 
mission. If  said  town  and  said  commission  cannot  agree  as 
aforesaid,  such  terms  and  conditions,  or  compensation,  as 
the  case  may  be,  shall  be  determined  by  a  master  to  be  ap- 
pointed by  the  supreme  judicial  court  on  the  petition  of 
either  party  interested,  the  report  of  such  master,  when 
made  and  accepted  by  said  court,  to  be  final  and  binding 
on  all  parties. 

Section  2.  For  the  purpose  of  carrying  out  this  act,  the 
town  of  Southborough  may  from  time  to  time  borrow  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
twenty-five  thousand  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words,  Town  of 
Southborough  Water  Loan,  Act  of  1939.  Each  authorized 
issue  shall  constitute  a  separate  loan,  and  such  loans  shall 
be  payable  in  not  more  than  thirty  years.  Indebtedness  in- 
curred under  this  act  shall  be  in  excess  of  the  statutory 
Hmit,  but  shall,  except  as  provided  herein,  be  subject  to 
chapter  forty-four  of  the  General  Laws. 

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

Approved  June  2S,  1939. 


304 


Acts,  1939.  —  Chaps.  304,  305. 


Terms  of 
certain  state 
officers. 


Chap. 304:  An  Act  providing  for  the  ultimate  establishment  op 

FEBRUARY  FIRST  AS  THE  TIME  OF  COMMENCEMENT  OF  TERMS 
OF   CERTAIN   STATE    OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

The  next  term  of  office  of  each  state  officer,  except  a  notary 
public  or  a  military  or  judicial  officer,  whose  appointment 
is  required  to  be  made  by  the  governor  with  or  without  the 
consent  of  the  council,  or  by  any  other  officer  with  the  ap- 
proval of  the  governor  and  council,  that  begins  in  Novem- 
ber, December  or  during  the  first  ten  days  of  January  is 
hereby  extended  to  and  including  January  thirty-first  fol- 
lowing the  expiration  of  such  term  under  the  applicable  laws 
in  effect  immediately  prior  to  the  effective  date  of  this  act. 
All  terms  subsequent  to  each  such  term  as  so  extended  shall 
be  of  the  same  length  as  prescribed  by  said  laws  but  shall 
begin  on  February  first.  Nothing  herein  shall  be  construed 
to  alter  the  term  for  which  any  person  in  office  on  the  effec- 
tive date  of  this  act  has  been  appointed. 

Approved  June  23,  1939. 


G.  L.  (Ter. 
Ed.),  218,  §62, 
etc.,  amended. 


Number  of 
court  officers 
in  certain 
courts. 


Chap. 305  An  Act  to  provide  for  the  designation  of  a  chief  court 

OFFICER  FOR  CIVIL  BUSINESS  IN  THE  MUNICIPAL  COURT  OF 
the   CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  eighteen  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  sixty-two,  as  most 
recently  amended  by  chapter  two  hundred  and  ninety-eight 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  and 
inserting  in  place  thereof  the  following:  —  Section  62.  In 
the  municipal  court  of  the  city  of  Boston  the  court  officers 
appointed  shall  not  exceed  ten  for  criminal  business,  one  of 
whom  shall  be  designated  by  the  chief  justice  as  chief  court 
officer  of  said  court  for  criminal  business  and  one  as  an 
assistant  chief  court  officer,  nor  five  for  civil  business,  one 
of  whom  shall  be  designated  by  said  chief  justice  as  chief 
court  officer  of  said  court  for  civil  business;  in  the  munici- 
pal court  of  the  Roxbury  district  four  court  officers  may  be 
appointed;  in  the  third  district  court  of  Eastern  Middlesex 
and  in  the  municipal  court  of  the  West  Roxbury  district 
three  court  officers  may  be  appointed;  in  the  municipal 
court  of  the  South  Boston  district,  of  the  Charlestown  dis- 
trict and  of  the  Dorchester  district,  the  East  Boston  district 
court,  the  district  court  of  Chelsea  and  the  district  court  of 
East  Norfolk  two  court  officers  for  each  court  may  be  ap- 
pointed; and  in  each  of  the  other  district  courts  in  the  com- 
monwealth one  court  officer  may  be  appointed. 

Approved  June  23,  1939. 


Acts,  1939.  —  Chaps.  306,  307.  305 


An  Act  exempting  interstate  carriers   of  property  Chav  306 

BY  MOTOR  vehicle  FROM  THE  PAYMENT  OF  CERTAIN  FEES  IN 
CERTAIN  CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  one  hundred  and  fifty-nine  B  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  one  of  chapter  four  f'jo.'eu;^.^' 
hundred  and  eighty-three  of  the  acts  of  nineteen  hundred  amended'.' 
and  thirty-eight,  is  hereby  amended  by  adding  at  the  end 
the  following  new  paragraph :  — 

The  fees  provided  by  this  section  shall  not  be  required  interstate 
of  an  interstate  carrier  having  its  principal  place  of  business  ^'^''"^''^' 
in  another  state  in  respect  of  the  operation  of  motor  vehicles 
in  interstate  commerce  over  the  ways  of  this  commonwealth 
if  such  other  state,  as  finally  determined  by  the  department, 
does  not  require  of  an  interstate  carrier  having  its  principal 
place  of  business  within  this  commonwealth  any  similar 
fees  or  charges,  however  denominated  or  defined,  for  the 
privilege  of  operating  vehicles  in  interstate  commerce  over 
the  ways  of  such  other  state.         Approved  June  23,  1939. 


An  Act  giving  the  department  of  public  utilities  ac-  Chav  307 

CESS  TO  certain  BOOKS  AND  RECORDS,  AND  AUTHORITY 
TO  REQUIRE  CERTAIN  INFORMATION,  OF  PERSONS  ENGAGED 
IN  LEASING  TRUCKS  AND  MOTOR  VEHICLES  FOR  THE  TRANS- 
PORTATION   OF   PROPERTY    FOR   HIRE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-nine  B  of  the  General  g^'^IJg*^^- 
Laws  is  hereby  amended  by  inserting  after  section  sixteen,  §  ibX,  inserted, 
as  appearing  in  section  one  of  chapter  four  hundred  and 
eighty-three  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  the  following  new  section:  —  Section  16 A.     The  de-  Department 
partment,  in  the  enforcement  of  this  chapter,  may  inspect  accLs^o^ 
or  cause  to  be  produced  the  books  and  records  of  persons  of°°gria1n' 
engaged  in  the  business  of  leasing  trucks  and  motor  vehicles,  carders!" 
or  either,  for  the  transportation  of  property  for  hire,  and 
may  compel  such  persons  to  furnish  such  information  as  the 
department  may  find  necessary  relative  to  the  identity  of 
the  lessee,  or  the  use  to  which  any  such  truck  or  motor 
vehicle  is  to  be  put,  or  both.    Nothing  in  this  section  shall 
be  deemed  to  diminish  the  powers  conferred  on  the  director 
of  the  commercial  motor  vehicle  division  of  the  department 
by  section  twelve  G  of  chapter  twenty-five. 

Approved  June  23,  1939. 


306  Acts,  1939.  —  Chaps.  308,  309. 


Chap. 308  An  Act  permitting  any  town  maintaining  a  high  school 

BUT  NO  school  FOR  INDUSTRIAL  EDUCATION  TO  PROVIDE 
FOR  THE  TRANSPORTATION  OF  PUPILS  TO  A  TOWN  MAIN- 
TAINING  A   SCHOOL   FOR   VOCATIONAL   EDUCATION. 

Be  it  enacted,  etc.,  as  follows: 
G^L.^Ten  ^        Sectioii  eight  A  of  chapter  seventy-four  of  the  General 
etc!, 'amended.'    Laws,  as  amended  by  chapter  three  hundred  and  twenty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-seven,  is 
hereby  further  amended  by  inserting  at  the  end  the  following 
new  paragraph :  — 
Transportation       A  town  where  a  person  resides  who  is  admitted  to  a  day 
children  in        school  in  another  town  under  section  seven,  and  in  which  a 
certain  cases,     public  high  school  Offering  four  years  of  instruction  is  main- 
tained but  in  which  no  school  offering  industrial  education 
is  maintained,  may,  through  its  school  committee,  when 
necessary,   provide  for  the  transportation  of  such  person 
under  the  same  conditions  and  subject  to  the  same  limita- 
tions as  to  cost,  as  is  provided  in  section  six  of  chapter 
seventy-one  in  the  case  of  a  person  attending  a  public  high 
school  in  a  town  other  than  that  of  his  residence,  but  shall 
not  be  entitled  to  state  reimbursement  therefor. 

Approved  June  23,  1939. 


Chap. 309  An  Act  making  appropriations  for  the  maintenance  of 

DEPARTMENTS,  BOARDS,  COMMISSIONS,  INSTITUTIONS  AND 
CERTAIN  ACTIVITIES  OF  THE  COMMONWEALTH,  FOR  IN- 
TEREST, SINKING  FUND  AND  SERIAL  BOND  REQUIREMENTS, 
AND  FOR  CERTAIN  PERMANENT  IMPROVEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

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  subject 
to  the  conditions  specified  in  said  section  two,  are  hereby 
appropriated  from  the  general  fund  or  revenue  of  the  com- 
monwealth, unless  some  other  source  of  revenue  is  expressed, 
subject  to  the  provisions  of  law  regulating  the  disbursement 
of  public  funds  and  the  approval  thereof,  for  the  fiscal  year 
ending  November  thirtieth,  nineteen  hundred  and  thirty- 
nine,  and  for  the  fiscal  year  ending  November  thirtieth, 
nineteen  hundred  and  forty,  or  for  such  other  period  as  may 
be  specified. 

Section  2. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940, 

Service  of  the  Legislative  Department. 

1  For  the  compensation  of  senators    .  $82,000  00 

2  For    the    compensation    for   travel 

of  senators         ....  5,775  GO  - 


Appropriation 

Fiscal  Year 

1939. 

Appropriation 

Fiscal  Year 

1940. 

$482,000  00 

- 

36.351  00 

- 

12,000  00 

$12,000  00 

8,335  00 

8,000  00 

Acts,  1939.  —  Chap.  309.  307 


Item 

3  For  the  compensation  of  representa- 

tives ..... 

4  For  the  compensation  for  travel  of 

representatives  .... 

5  For  the  salaries  of  the  clerk  of  the 

senate  and  the  clerk  of  the  house 
of  representatives 

6  For  the  salaries  of  the  assistant  clerk 

of  the  senate  and  the  assistant 
clerk  of  the  house  of  representa- 
tives ..... 

7  For  such  additional  clerical  assist- 

ance 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,  including  not  more 
than  three   permanent    positions  6,800  00  — 

8  For  such  additional  clerical  assist- 

ance to,  and  with  the  approval  of, 
the  clerk  of  the  senate,  as  may  be 
necessary  for  the  proper  despatch 
of  public  business,  including  not 
more  than  one  permanent  position  2,500  00  - 

9  For  the  salary  of  the  sergeant-at- 

arms 4,000  00  4,000  00 

10  For  clerical  assistance,  office  of  the 

sergeant-at-arms,  including  not 
more  than  three  permanent  posi- 
tions    4,140  00  4,380  00 

11  For  the  compensation  for  travel  of 

doorkeepers,  assistant  doorkeep- 
ers, general  court  officers,  pages 
and  other  employees  of  the  ser- 
geant-at-arms, authorized  by  law 
to  receive  the  same    .  .  .  7,434  00  4,600  00 

12  For  the  salaries  of  the  doorkeepers 

of  the  senate  and  house  of  repre- 
sentatives, and  the  postmaster, 
with  the  approval  of  the  sergeant- 
at-arms,  including  not  more  than 
three  permanent  positions  .  .  8,000  00  8,000  00 

13  For  the  salaries  of  assistant  door- 

keepers to  the  senate  and  house 
of  representatives  and  of  general 
court  officers,  with  the  approval 
of  the  sergeant-at-arms,  including 
not  more  than  tv/enty-six  perma- 
nent positions  in  the  year  nineteen 
hundred  and  thirty-nine  and 
twenty-two  permanent  positions 
in  the  year  nineteen  hundred  and 
forty 51.600  00  40,600  00 

14  For  compensation  of  the  pages  of 

the  senate  and  house  of  repre- 
sentatives, with  the  approval  of  the 
sergeant-at-arms,  including  not 
more  than  fourteen  permanent 
positions 9,800  00 

15  For  the  salaries  of  clerks  employed 

in  the  legislative  document  room, 
including  not  more  than  three  per- 
manent positions  in  the  year  nine- 


308  Acts,  1939.  —  Chap.  309. 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

teen  hundred  and  thirty-nine  and 
two  permanent  positions  in  the 
year  nineteen  hundred  and  forty  .  $5,700  00  $4,850  00 

16  For  certain  other  persons  employed 

by  the  sergeant-at-arms,  in  and 
about  the  chambers  and  rooms 
of  the  legislative  department,  in- 
cluding not  more  than  two  per- 
manent positions         .  .  .  3,150  00  2,943  00 

17  For  the  salaries  of  the  chaplains  of 

the  senate  and  house  of  repre- 
sentatives, including  not  more 
than  two  permanent  positions      .  1,500  00  - 

18  For  personal  services  of  the  counsel 

to  the  senate  and  assistants,  in- 
cluding not  more  than  three  per- 
manent positions  in  the  year  nine- 
teen hundred  and  thirty-nine  and 
two  permanent  positions  in  the 
year  nineteen  hundred  and  forty  .  16,750  00  13,500  00 

19  For  personal  services  of  the  counsel 

to  the  house  of  representatives 
and  assistants,  including  not  more 
than  five  permanent  positions  in 
the  year  nineteen  hundred  and 
thirty-nine  and  four  permanent 
positions  in  the  year  nineteen  hun- 
dred and  forty  ....  32,600  00  22,500  00 

20  For  clerical  and  other  a-ssistance  of 

the  senate  committee  on  rules,  in- 
cluding not  more  than  one  per- 
manent position  .  .  .  5,000  00  3,150  00 

21  For  clerical  and  other  assistance  of 

the  house  committee  on  rules,  in- 
cluding not  more  than  one  per- 
manent position  .  .  4,450  00  3,000  00 

22  For   traveling   and   such   other   ex- 

penses of  the  committees  of  the 
present  general  court  as  may  be 
authorized  by  order  of  either 
branch  of  the  general  court  .  5,500  00  - 

23  For    printing,    binding    and    paper 

ordered  by  the  senate  and  house 
of  representatives,  or  by  concur- 
rent order  of  the  two  branches, 
with  the  approval  of  the  clerks  of 
the  respective  branches       .  .  80,000  00  - 

24  For  printing  the  manual  of  the  gen- 

eral court,  with  the  approval  of 

the  clerks  of  the  two  branches     .  5,000  00  - 

25  For  expenses  in  connection  with  the 

publication  of  the  bulletin  of  com- 
mittee hearings  and  of  the  daily 
list,  with  the  approval  of  the  joint 
committee  on  rules,  including  not 
more  than  one  permanent  position  18,500  00  - 

26  For  stationery  for  the  senate,  pur- 

chased by  and  with  the  approval 

of  the  clerk        ....  400  00  100  00 

27  For  office  and  other  expenses  of  the 

committee  on  rules  on  the  part  of 

the  senate  ....  200  00  100  00 

28  For  office  expenses  of  the  counsel  to 

the  senate  ....  200  00  100  00 


Acts,  1939.  —  Chap.  309.  309 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

29  For  stationery  for  the  house  of  rep- 

resentatives,   purchased    by    and 

with  the  approval  of  the  clerk     .  $800  00  $250  00 

30  For  office  and  other  expenses  of  the 

committee  on  rules  on  the  part  of 

the  house  ....  400  00  200  00 

31  For  office  expenses,  including  travel, 

of  the  counsel  to  the  house  of  rep- 
resentatives       ....  300  00  300  00 

32  For  contingent  expenses  of  the  sen- 

ate and  house  of  representatives, 
and  necessary  expenses  in  and 
about  the  state  house,  with  the 
approval  of  the  sergeant-at-arms  9,000  00  6,000  00 

33  For  telephone  service     .  .  .  7,000  00  2,000  00 

34  For  the  purchase  of  outline  sketches 

of   members   of   the   senate   and 

house  of  representatives      .  .  1,850  00  - 

35  For  the  payment  of  witness  fees  to 

persons  summoned  to  appear  be- 
fore committees  of  the  general 
court,  and  for  expenses  incidental 
to  summoning  them,  with  the  ap- 
proval of  the  sergeant-at-arms     .  200  00  - 

36  For  indexing  the  special  laws  of  the 

commonwealth,  under  the  direc- 
tion of  the  senate  and  house  coun- 
sel, as  authorized  by  chapter  five 
of  the  resolves  of  nineteen  hun- 
dred and  thirty-five  .  .  .  1,600  00 
36a  For  the  consolidation  and  arrange- 
ment of  certain  laws,  as  author- 
ized by  chapter  fifty-seven  of  the 
resolves  of  nineteen  hundred  and 
thirty-eight,  including  work,  un- 
der the  direction  of  the  senate  and 
house  counsel,  with  the  approval 
of  the  president  of  the  senate  and 
the  speaker  of  the  house  of  repre- 
sentatives, upon  certain  indexes 
and  relating  to  recess  committee 
investigations    ....              10,000  00  25,000  00 


Totals $930,835  00  $165,573  00 

The  unexpended  balance  of  the  ap- 
propriation made  in  section  two 
of  chapter  four  hundred  and 
ninety-seven  of  the  acts  of  the 
year  nineteen  hundred  and  thirty- 
eight  by  item  33z  for  certain  ex- 
penses of  the  joint  special  com- 
mittee established  for  the  purpose 
of  recommending  a  new  division 
of  the  commonwealth  into  coun- 
cillor and  senatorial  districts  and 
a  new  apportionment  of  repre- 
sentatives to  the  several  counties 
is  hereby  re-appropriated  for  ex- 
penses of  a  certain  joint  special 
committee  appointed  under  au- 
thority of  a  joint  order  of  the 
present  session,  printed  as  current 
House  document  No.  2046,  said 


310  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fisral  Year 

Item  1939.  1940. 

committee  having  taken  over  the 
duties  of  the  committee  appointed 
in  nineteen  hundred  and  thirty- 
eight. 

Service  of  Legislative  Investigations. 
36b  For  expenses  of  the  investigation  by 
a  special  commission  of  matters 
relating  to  the  recent  hurricanes 
and  floods,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  ...  $413  75  - 

Service  of  the  Judicial  Department. 
Supreme  Judicial  Court,  as  follows: 

37  For  the  salaries  of  the  chief  justice 

and  of  the  six  associate  justices    . 

38  For    traveling    allowance    and    ex- 

penses      ..... 

39  For  the  salary  of  the  clerk  for  the 

commonwealth 

40  For  clerical  assistance  to  the  clerk  . 

41  For  law  clerks,  stenographers  and 

other  clerical  assistance  for  the 
justices     ..... 

42  For    office    supplies,    services    and 

equipment  .... 

43  For  the  salaries  of  the  officers  and 

messengers         .... 

44  For  the  commonwealth's  part  of  the 

salary  of  the  clerk  for  the  county 
of  Suffolk  .... 

Reporter  of  Decisions: 

45  For  the  salary  of  the  reporter  of  de- 

cisions         6,000  00  6,000  00 

46  For  clerk  hire  and  office  supplies, 

services  and  equipment,  including 
not  more  than  five  permanent 
positions 13,000  00  14,000  00 

47  For  additional  clerk  hire  and  other 

work  in  preparing  decisions  for 
printing,  to  be  in  addition  to  esti- 
mates for  personal  services  in- 
cluded in  item  forty-six       .  .  7,000  00  7,000  00 

Pensions : 

48  For  the  pensions  of  retired   court 

officers 200  00  200  00 


$99,000  00 

$99,000  00 

3,100  00 

3,100  00 

6,500  00 
1,800  00 

6,500  00 
1,800  00 

28,000  00 

28,000  00 

8,000  00 

6,000  00 

3,040  00 

3,040  00 

1,500  00 

1,500  00 

Totals $177,140  00  $176,140  00 

Superior  Court,  as  follows: 
49     For  the  salaries  of  the  chief  justice 
and   of   the   thirty-one   associate 
justices     .  .  .  .  .  $385,000  00  $385,000  00 

60  For   traveling   allowances   and   ex- 

penses         17,000  00  17,000  00 

61  For  the  salary  of  the  assistant  clerk, 

Suffolk  county  ....  1,000  00  1,000  00 

52  For  clerical  work,  inspection  of  rec- 
ords and  doings  of  persons  au- 
thorized to  admit  to  bail,  for  an  ex- 


Acts,  1939.  —  Chap.  309.  311 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

ecutive  clerk  to  the  chief  justice, 
and  for  certain  other  expenses  in- 
cident to  the  work  of  the  court     .  $13,000  00  $12,500  00 


Totals $416,000  00  $415,500  00 

Justices  of  District  Courts: 

53  For  compensation  of  justices  of  dis- 

trict courts  while  sitting  in  the 

superior  court    ....  $17,000  00  $17,000  00 

54  For  expenses  of  justices  of  district 

courts  while  sitting  in  the  superior 

court 2,300  00  2,300  00 

55  For  reimbursing  certain  counties  for 

compensation  of  certain  special 
justices  for  services  in  holding  ses- 
sions of  district  courts  in  place  of 
the  justice,  while  sitting  in  the 
superior  court    ....  6,000  00  6,000  00 


Totals $25,300  00  $25,300  00 

Judicial  Council: 

56  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  Tercen- 
tenary Edition  thereof         .  .  $1,550  00  $1,550  00 

57  For  compensation  of  the  secretary 

of  the  judicial  council,  as  author- 
ized by  said  section  thirty-four  C 
of  said  chapter  two  hundred  and 
twenty-one         ....  3,500  00  3,500  00 


Totals $5,050  00  $5,050  00 

Administrative  Committee  of  Dis- 
trict Courts: 

58  For  compensation  and  expenses  of 

the  administrative  committee  of 

district  courts    ....  $2,500  00  $2,500  00 

Probate  and  Insolvency  Courts, 
as  follows: 

59  For  the  salaries  of  judges  of  probate 

of  the  several  counties,  including 
not  more  than  twenty  permanent 
positions $158,500  00  $158,500  00 

60  For  the  compensation  of  judges  of 

probate    when    acting    for   other 

judges  of  probate        .  .  .  7,000  00  7,000  00 

61  For  expenses  of  judges  of  probate 

when  acting  for  other  judges  of 

probate 300  00  300  00 

62  For  the  salaries  of  registers  of  the 

several  counties,  including  not 
more  than  fourteen  permanent 
positions 63,300  00  63,300  00 

63  For  the  salaries  of  assistant  registers, 

including  not  more  than  twenty- 
one  permanent  positions     .  .  76.260  00  76,260  00 


Totals $305,360  00  $306,360  00 


312 


Acts,  1939. —  Chap.  309. 


Item 

Administrative  Committee  of  Pro- 
bate Courts: 
64     For  expenses  of  the  administrative 
committee  of  probate  courts 


For  clerical  assistance  to  Regis- 
ters of  the  several  counties,  as 
follows: 
Barnstable,  including  not  more  than 

two  permanent  positions     . 
Berkshire,  including  not  more  than 

four  permanent  positions    . 
Bristol,  including  not  more  than  ten 

permanent  positions  . 
Dukes  County       .... 
Essex,  including  not  more  than  four- 
teen permanent  positions    . 
Franklin,  including  not  more  than 

one  permanent  position 
Hampden,  including  not  more  than 

nine  permanent  positions    . 
Hampshire,  including  not  more  than 

two  permanent  positions     . 
Middlesex,  including  not  more  than 

thirty-three  permanent  positions 
Norfolk,  including  not  more  than 

thirteen  permanent  positions 
Plymouth,  including  not  more  than 

four  permanent  positions    . 
Suffolk,   including   not   more   than 

forty-four  permanent  positions    . 
Worcester,  including  not  more  than 

eleven  permanent  positions 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 


63 


67 


79 


82 


83 


84 


Totals 

District  Attorneys,  as  follows: 

For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  Suffolk 
district,  including  not  more  than 
fourteen  permanent  positions 

For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  north- 
ern district,  including  not  more 
than  seven  permanent  positions  . 

For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  eastern 
district,  including  not  more  than 
five  permanent  positions 

For  the  salaries  of  the  district  attor- 
ney, deputy  district  attorney  and 
assistants  for  the  southeastern 
district,  including  not  more  than 
five  permanent  positions     . 

For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  south- 
ern district,  including  not  more 
than  three  permanent  positions  . 

For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  middle 
district,  including  not  more  than 
four  permanent  positions    . 

For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  western 


$100  00 


$66,000  00 


32,000  00 


18,600  00 


12,600  00 


15,000  00 


$100  00 


$2,340  00 

$2,910  00 

5,580  00 

5,760  00 

14,730  00 
660  00 

14,910  00 
660  00 

19,770  00 

20,220  00 

1,170  00 

1,230  00 

12,965  00 

13,590  00 

2,610  00 

2,670  00 

49,380  00 

50,040  00 

16,950  00 

17,370  00 

5,400  00 

5,600  00 

63,270  00 

64,650  00 

14,560  00 

15,000  00 

$209,385  00 

$214,610  00 

$66,000  00 


32,000  00 


17,400  00 


18,600  00 


15,000  00 


Acts,  1939.  —  Chap.  309.  313 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

district,  including  not  more  than 

three  permanent  positions  .  .  $10,400  00  $10,400  00 

For  the  salary  of  the  district  attor- 
ney for  the  northwestern  district  .  4,000  00  4,000  00 
For  traveling  expenses  necessarily 
incurred  by  the  district  attorneys, 
except  in  the  Suffolk  district,  in- 
cluding expenses  incurred  in  pre- 
vious years         ....                5,500  00  5,500  00 


Totals $181,500  00  $181,500  00 

Service  of  the  Land  Court. 

For  the  salaries  of  the  judge,  asso- 
ciate judges,  the  recorder  and 
court  officer,  including  not  more 
than  five  permanent  positions      .  $38,984  00  $38,984  00 

For  engineering,  clerical  and  other 
personal  services,  including  not 
more  than  twenty-one  permanent 
positions 49,540  00  52,600  00 

For  personal  services  in  the  exami- 
nation of  titles,  for  publishing  and 
serving  citations  and  other  serv- 
ices, traveling  expenses,  supplies 
and  office  equipment,  and  for  the 
preparation  of  sectional  plans 
showing  registered  land       .  .  24,000  00  24,500  00 


Totals $112,524  00         $116,084  00 

Service  of  Pensions  for  Certain  Retired  Justices. 

For  pensions  of  retired  justices  of 
the  supreme  judicial  court  and  of 
the  superior  court,  and  judges  of 
the  probate  courts  and  the  land 
court $60,000  00  $60,000  00 

Service  of  the  Board  of  Probation. 

For  personal  services  of  the  commis- 
sioner, clerks  and  stenographers, 
including  not  more  than  forty-two 
permanent  positions  .  .  .  $60,750  00  $62,100  00 

For  services  other  than  personal,  in- 
cluding printing  the  annual  re- 
port, traveling  expenses,  rent, 
office  supplies  and  equipment      .  7,200  00  6,350  00 


Totals $67,950  00  $68,450  00 

Service  of  the  Board  of  Bar  Examiners. 

For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  five  permanent  posi- 
tions   $12,500  00  $12,500  00 

For  other  services,  including  not 
more  than  one  permanent  posi- 
tion, and  including  printing  the 
annual  report,  traveling  expenses, 
office  supplies  and  equipment      .  8,000  00  8,000  00 


Totals $20,500  00  $20,500  00 


314  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  19^9-  ^9*0. 

Service  of  the  Executive  Department. 

95  For  the  salary  of  the  governor        .  $10,000  00  $10,000  00 

96  For   the   salary    of   the   lieutenant 

governor 4,000  00  4,000  00 

97  For  the  salaries  of  the  eight  coun- 

cillors          8,000  00  8,000  00 

98  For  the  salaries  of  officers  and  em- 

ployees of  the  department,  includ- 
ing not  more  than  nineteen  per- 
manent positions  in  the  year  nine- 
teen hundred  and  thirty-nine  and 
eighteen  permanent  positions  in 
the  year  nineteen  hundred  and 
forty 43,500  00  43,500  00 

99  For  certain  personal  services  for  the 

lieutenant  governor  and  council, 
including  not  more  than  three 
permanent  positions  in  the  year 
nineteen  hundred  and  thirty-nine 
and  two  permanent  positions  in 
the  year  nineteen  hundred  and 
forty 5,700  00  4,700  00 

100  For  travel  and  expenses  of  the  lieu- 

tenant governor  and  council  from 

and  to  their  homes     .  .  •  1,500  00  1,500  00 

101  For    postage,    printing,    office    and 

other  contingent  expenses,  includ- 
ing travel,  of  the  governor  .  .  15,000  00  15,000  00 

102  For   postage,    printing,    stationery, 

traveling  and  contingent  expenses 

of  the  governor  and  council  .  1,000  00  1,000  00 

103  For  payment  of  extraordinary  ex- 

penses and  for  transfers  made  to 
cover  deficiencies,  with  the  ap- 
proval of  the  governor  and  council  80,000  00 

104  For  the  purchase  of  an  automobile 

for  the  governor  .  .  •  1,857  00  - 

105  For  certain  maintenance  expenses  of 

the  governor's  automobile  .  .  1,000  00  1,000  00 

106  For   the   purchase   of   portraits   of 

former  governors,  as  authorized 
by  section  nineteen  of  chapter 
eight  of  the  General  Laws,  as  ap- 
pearing in  the  Tercentenary  Edi- 
tion thereof        ....  3,000  00  -^ 

Totals $174,557  00  $128,700  00 

Service  of  the  Adjutant  General. 

]  07     For  the  salary  of  the  adjutant  gen- 
eral   84,100  00  $4,100  00 

108  For  personal  services  of  office  assist- 

ants, including  services  for  the 
preparation  of  records  of  Massa- 
chusetts soldiers  and  sailors,  and 
including  not  more  than  sixteen 
permanent  positions  .  .  .  29,210  00  29.440  00 

109  For  services  other  than   personal, 

and  for  necessary  office  supplies 

and  expenses      ....  5,200  00  5,600  00 

110  For  expenses  of  the  national  guard 

convention  and  for  expenses  not 


40,000  00 


Acts,  1939.  —  Chap.  309.  315 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                                 1939.  1940. 
otherwnse   provided   for  in    con- 
nection with  military  matters  and 

accounts             ....              S6,900  00  $6,900  00 


Totals $45,410  00  $46,040  GO 


Service  of  the  Militia. 

111  For  allowances  to   companies  and 

other  administrative  units  .  .  $165,000  00  $169,000  00 

112  For  the  cost  of  materials  and  equip- 

ment and  incidental  expenses  of 
training  persons  in  the  use  of 
chemical  gas     .  .  .  .  1,000  00  1.000  00 

113  For  certain  allowances  for  national 

guard  officers,  as  authorized  by 
paragraph  (d)  of  section  one  hun- 
dred and  forty-five  of  chapter 
thirty-three  of  the  General  Laws, 
as  appearing  in  the  Tercentenary 
Edition  thereof  .  .  .  25,500  00  25.500  00 

114  For  pay  and  transportation  of  cer- 

tain boards        ....  3,000  00  3,000  00 

115  For   pay   and   expenses   of   certain 

camps  of  instruction  .  .  .  5,000  00  5,000  00 

116  For  pay  and  transportation  in  mak- 

ing inspections  and  surveys,  and 

for  escort  duty  .  .  .  2,800  00  2,800  00 

117  For  transportation  of  officers  and 

non-commissioned  officers  for  at- 
tendance at  military  meetings     . 

118  For  transportation  to  and  from  regi- 

mental and  battalion  drills  . 

119  For  transportation  when  appearing 

for  examination 

120  For  expenses  of  rifle  practice  . 

121  For    compensation,    transportation 

and  expenses  in  the  preparation 
for  camp  duty  maneuvers  . 

122  For  maintenance  of  horses 

123  For  compensation  for  special  and 

miscellaneous  duty 

124  For  compensation  for  accidents  and 

injuries  sustained  in  the  perform- 
ance of  military  duty 

125  To  cover  certain  small  claims  for 

damages  to  private  property  aris- 
ing from  military  maneuvers        .  400  00  250  00 

126  For  expenses  of  maintaining  an  aero 

squadron  ....  3,500  00  3,500  00 

127  For  servnces  and  expenses  of  the  mili- 

tary reservation  located  in  Barn- 
stable county,  including  compen- 
sation of  one  commissioner  .  11,600  00  11,250  00 

128  For  premiums  on  bonds  for  officers  .  1,700  00  1,700  00 

129  For  instruction  in  military  author- 

ity, organization  and  administra- 
tion, and  in  the  elements  of  mili- 
tary art 13,000  00  13,000  00 

130  For  allowances  for  batteries  of  field 

artillery 6,400  00  6,400  00 

131  For  expenses  of  operation  of  the 

twenty-sixth  division  .  5,100  00  5,100  00 


3,500  00 

3,500  00 

1,500  00 

1,000  00 

100  00 
9.000  00 

100  00 
12,800  00 

28.000  00 
6,000  00 

27,900  00 
6,000  00 

13,000  00 

13,000  00 

7,500  00 

7,500  00 

316  Acts,  1939.  —  Chap.  309. 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  .  1940. 

For  clerical  and  other  expenses  for 
the  office  of  the  property  and  dis- 
bursing officer,  including  not  more 
than  four  permanent  positions     .  S6,200  00  $6,100  00 

For  personal  services  necessary  for 
the  operation  of  the  common- 
wealth depot  and  motor  repair 
park,  including  not  inore  than 
eighteen  permanent  positions      .  35,900  00  34,095  00 


Totals $354,700  00  $359,495  00 

Service  of  Special  Military  Expenses. 

134  For  the  expense  of  testimonials  to 

soldiers  and  sailors  of  the  world 
war,  to  be  expended  under  the 
direction  of  the  adjutant  general  .  $50  00  $50  00 

Service  of  the  State  Quartermaster. 

135  For  personal  serAaces  of  the  state 

quartermaster,  superintendent  of 
arsenal  and  certain  other  em- 
ployees of  the  state  quartermas- 
ter, including  not  more  than  eight 
permanent  positions  .  .  .  $17,470  00  S15.8S0  00 

136  For   the    salaries    of    armorers  and 

assistant  armorers  of  first-class 
armories,  superintendent  of  armor- 
ies, and  other  employees,  includ- 
ing not  more  than  eighty-three 
permanent  positions    .  .  .  142,720  00  145,030  00 

137  For  certain  incidental  military  ex- 

pen.ses  of  the  quartermaster's  de- 
partment ....  150  00  150  00 

138  For  office  and  general  supplies  and 

equipment  ....  9,000  00  [9,750  00 

139  For  the  care  and  maintenance  of  the 

camp    ground    and    buildings   at 

Framingham      ....  100  00  100  00 

140  For  the  maintenance  of  armories  of 

the  first  class,  including  the  pur- 
chase of  certain  furniture    .  .  180,000  00  180,000  00 

141  For    reimbursement    for    rent    and 

maintenance  of  armories  not  of 

the  first  class      ....  12,10000  12,10000 

142  For    expense    of    maintaining    and 

operating  the  Camp  Curtis  Guild 
rifle  range,  including  not  more 
than  five  permanent  positions      .  20,000  00  10,000  00 

143  For  maintenance,   other  than  per- 

sona) services,  of  the  common- 
wealth depot  and  motor  repair 
park 12,500  00  12,500  00 


Totals $394,040  00  $391,510  00 

Service  of  the  State  Surgeon. 

144  For  personal  services  of  the  state 
surgeon,  and  regular  assistants, 
including  not  more  than  three 
permanent  positions  .  .  $6,040  00  $5,340  00 


Acts,  1939.  —  Chap.  309.  317 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

145  For  ser\'ices  other  than  personal,  and 

for  necessary  medical  and  office 

supplies  and  equipment       .  .  $1,500  00  $1,500  00 

146  For  the  examination  of  recruits      .  7,600  00  7,600  00 


Totals $15,140  00  $14,440  00 

Service  of  the  State  Judge  Advocate. 

147  For  compensation  of  the  state  judge 

advocate $1,500  00  $1,500  00 

Service  of  the  Commission  on  Administration  and  Finance. 

148  For  personal  services  of  the  commis- 

sioners, including  not  more  than 

four  permanent  positions     .  .  $26,500  00  $26,500  00 

149  For  personal  services  of  the  bureau 

of  the  comptroller,  including  not 
more  than  sixty-five  permanent 
positions 113,670  00  117,320  00 

150  For  personal  services  of  the  bureau 

of  the  purchasing  agent,  including 
not  more  than  thirty-nine  per- 
manent positions         .  .  .  71,460  00  73,140  00 

151  For  other  personal  services  of  the 

commission,  including  not  more 
than  twenty-eight  permanent 
positions 60,160  00  62,100  00 

152  For  other  expenses  incidental  to  the 

duties  of  the  commission     .  .  39,000  00  39,000  00 


Totals $310,790  00  $318,060  00 

Purchase  of  paper: 

1 53  For  the  purchase  of  paper  used  in  the 

execution  of  the  contracts  for 
state  printing,  other  than  legisla- 
tive, with  the  approval  of  the 
commission  on  administration  and 
finance $41,500  00  $60,000  00 

Service  of  the  Armory  Commission. 

154  For  compensation  of  one  member  .  $200  00  $200  00 

155  For  office,  incidental  and  traveling 

expenses 100  00 

156  For   continuation   of   the   develop- 

ment of  the  state  military  reser- 
vation located  in  Barnstable 
county  by  the  construction  of 
dining  accommodations,  to  be 
used  only  in  connection  with 
Works  Progress  Administration 
or  other  federal  grants,  and  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  10,000  00  10,000  00 


100  00 


Totals  .  .  .  .  .  $10,300  00  $10,300  00 


318  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  Commiissioner  of  State  Aid  and  Pensions. 

157  For  personal  services  of  the  commis- 

sioner and  deputies,  including  not 
more  than  three  permanent  posi- 
tions   $12,670  00  $12,940  00 

158  For    personal    services    of    agents, 

clerks,  stenographers  and  other 
assistants,  including  not  more 
than  sixteen  permanent  positions  28,100  00  28,500  00 

159  For  services  other  than  personal,  in- 

cluding printing  the  annual  re- 
port, traveling  expenses  of  the 
commissioner  and  his  employees, 
and  necessary  office  supplies  and 
equipment  ....  4,700  00  4,700  00 


Totals $45,470  00  $46,140  00 

For  Expenses  on  Account  of  TT'ars. 

160  For  reimbursing  cities  and  towns  for 

money  paid  on  account  of  state 
and  military  aid  to  Massachusetts 
soldiers  and  their  families,  to  be 
paid  on  or  before  the  fifteenth  day 
of  November  in  the  years  nine- 
teen hundred  and  thirty-nine  and 
nineteen  hundred  and  forty,  in  ac- 
cordance with  the  provisions  of 
existing  laws  relative  to  state  and 
military  aid        ....  $411,12500  $410,00000 

161  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  Tercentenary 
Edition  thereof  .  .  .  28,000  00  28,000  00 

162  For  expenses  of  the  national  conven- 

tion of  the  Veterans  of  Foreign 
Wars  of  the  United  States,  as  au- 
thorized by  chapter  eighty-eight 
of  the  resolves  of  nineteen  hun- 
dred and  thirty-eight  .  .  30,000  00 

163  For  expenses  of  the  national  con- 

vention of  the  Disabled  American 
Veterans  of  the  World  War,  as 
authorized  by  chapter  eighty-five 
of  the  resolves  of  nineteen  hun- 
dred and  thirty-eight  .  .  5,000  00 


Totals $474,125  00  $438,000  00 

Service  of  the  Soldiers'  Home  in  Massachusetts. 
For  the  maintenance  of  the  Soldiers' 
Home  in  Massachusetts,  with  the 
approval  of  the  trustees  thereof, 
including  not  more  than  one  hun- 
dred and  ninety-two  permanent 
positions,  to  be  in  addition  to 
certain  receipts  from  the  United 
States  government      .  .  .  $329,700  00  $331,100  00 


Acts,  1939.  —  Chap.  309.  319 


Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  Art  Commission. 

165  For  expenses  of  the  commission      .  $100  00  $100  00 

Service  of  the  Ballot  Law  Cornmission. 

166  For  compensation  of  the  commis- 

sioners, including  not  more  than 

three  permanent  positions  .  .  -  $1,500  00 

167  For  expenses,  including  travel,  sup- 

plies and  equipment  ...  -  500  00 

Total -  $2,000  00 

Service  of  the  Commissioners  on  Uniform  State  Laws. 

168  For  expenses  of  the  commissioners  .  $250  00  $250  00 

For  the  Maintenance  of  the  Mount  Greylock  War  Memorial. 

169  For  expenses  of  maintenance  of  the 

Mount  Greylock  War  Memorial, 
as  authorized  by  section  forty- 
seven  of  chapter  six  of  the  Gen- 
eral Laws,  inserted  by  chapter 
three  hundred  and  thirty-six  of 
the  acts  of  nineteen  hundred  and 
thirty-three        ....  $2,000  00  $2,000  00 

Service  of  the  Alcoholic  Beverages  Control  Commission. 

The  following  items  shall  be  pay- 
able from  fees  collected  under 
section  twenty-seven  of  chap- 
ter one  hundred  and  thirty- 
eight  of  the  General  Laws,  as 
most  recently  amended: 

170  For  personal  services,  including  not 

more  than  forty-eight  permanent 

positions $117,180  00  $120,160  00 

171  For  services  other  than  personal,  in- 

cluding rent  of  offices,  travel,  and 

office  and  incidental  expenses      .  35,700  00  34,850  00 


Totals $152,880  00  $155,010  00 

Service  of  the  State  Planning  Board. 

172  For  personal  services  of  secretary, 

chief  engineer,  and  other  assist- 
ants, including  not  more  than 
eleven  permanent  positions  .  $24,750  00  - 

173  For  services  other  than  personal, 

traveling  expenses,  office  supplies 

and  equipment  .  .  .  7,050  00 


Total $31,800  00 

Service  of  the  State  Racing  Commission. 

174  For  personal  services,  including  not 

more  than  ten  permanent  posi- 
tions   $100,476  00  $99,926  00 

175  For  other  administrative  expenses, 

including  rent  of  offices,  travel, 

and  office  and  incidental  expenses  12,000  00  11,500  00 


Totals $112,476  00         $111,426  00 


320  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Yeai  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  State  Library. 

176  For  personal  services  of  the  librarian  $5,700  00  $5,700  00 

177  For  personal  services  of  the  regular 

library  assistants,  temporary  cler- 
ical assistance,  and  for  services  for 
cataloguing,  including  not  more 
than  twenty-four  permanent  posi- 
tions   42,250  00  43,200  00 

178  For  services  other  than  personal,  in- 

cluding printing  the  annual  re- 
port, office  supplies  and  equip- 
ment, and  incidental  traveling 
expenses 2,300  00  2,300  00 

179  For  books  and  other  publications 

and  things  needed  for  the  library, 
and  the  necessary  binding  and  re- 
binding  incidental  thereto  .  .  10,000  00  10,000  00 

180  (This  item  omitted.) 


Totals $60,250  00  $61,200  00 

Service  of  the  State  Superintendent  of  Buildings. 

181  For  personal  services  of  the  super- 

intendent and  ofSce  assistants,  in- 
cluding not  more  than  four  per- 
manent positions        .  .  .  $10,650  00  $10,700  00 

182  For  personal  services  of  engineers, 

assistant  engineers,  firemen  and 
helpers  in  the  engineer's  depart- 
ment, including  not  more  than 
thirty-five  permanent  positions    .  61,330  00  61,680  00 

183  For    personal    services    of    capitol 

police,  including  not  more  than 

twenty-six    permanent    positions  48,840  00  49,080  00 

184  For  personal  services  of  janitors,  in- 

cluding not  more  than  eighteen 

permanent  positions  .  .  .  24,630  00  25,200  00 

185  For  other  personal  services  inciden- 

tal to  the  care  and  maintenance  of 
the  state  house,  including  not 
more  than  seventy-three  perma- 
nent positions  ....  90,000  00  89,500  00 

186  For  personal  services  of  the  central 

mailing  room,  including  not  more 

than  eight  permanent  positions    .  8,850  00  9,100  00 


Totals $244,300  00  $245,260  00 

Other  Annual  Expenses: 

187  For  contingent,  office  and  other  ex- 

penses of  the  superintendent       .  $300  00  $300  00 

188  For  telephone  service  in  the  build- 

ing and  expenses  in  connection 

therewith  ....  41,000  00  39,500  00 

189  For   services,    supplies   and   equip- 

ment necessary  to  furnish  heat, 

light  and  power         .  .  .  40.000  00  39.000  00 

190  For    other    services,    supplies    and 

equipment  necessary  for  the  main- 
tenance and  care  of  the  state 
house  and  grounds,  including  re- 
pairs of  furniture  and  equipment  31,000  00  31,000  00 


Acts,  1939.  —  Chap.  309.  321 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                                    1939.  1940. 
191     For  office  and  other  expenses  of  the 

central  mailing  room            .          .                 $100  00  $100  00 


Totals $112,400  00  $109,900  00 

Special  Improvements: 
192     For  retubing  certain  boilers  in  the 
state   house,    including   expenses 
incidental  thereto       .  .  .  $2,000  00 


For  the  Maintenance  of  Old  State  House. 

193  For  the  contribution  of  the  com- 
monwealth toward  the  mainte- 
nance of  the  old  provincial  state 
house $1,500  00  $1,500  00 


Service  of  the  Secretary  of  the  Commonwealth. 

194  For  the  salary  of  the  secretary         .  $7,000  00  $7,000  00 

195  For  the  salaries  of  officers  and  em- 

ployees holding  positions  estab- 
lished by  law,  and  other  personal 
services,  including  not  more  than 
sixty-seven  permanent  positions  .  115,000  00  117,900  00 

196  For  services   other   than   personal, 

traveling  expenses,  office  supplies 
and  equipment,  for  the  arrange- 
ment and  preservation  of  state 
records  and  papers     .  .  .  19,100  00  17,500  00 

197  For  postage  and  expressage  on  pub- 

lic documents,  and  for  mailing 
copies  of  bills  and  resolves  to  cer- 
tain state,  city  and  town  officials  2,500  00  2,500  00 

198  For    printing    registration    books, 

blanks  and  indexes     .  .  .  1,000  00  1,000  00 

199  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"  .  2,500  00  2,500  00 

199a  For  the  purchase  and  distribution 
of  copies  of  certain  journals  of 
the  house  of  representatives  of 
Massachusetts  Bay  from  seven- 
teen hundred  and  fifteen  to  seven- 
teen hundred  and  eighty,  inclu- 
sive, as  authorized  by  chapter  four 
hundred  and  thirteen  of  the  acts 
of  nineteen  hundred  and  twenty  .  750  00  - 

200  For  the  purchase  of  ink  for  public 

records  of  the  commonwealth       .  1,200  00  1,200  00 

201  For  traveling  expenses  of  the  super- 

visor of  public  records         .  .  600  00  900  00 


Totals $149,650  00         $150,500  00 

Indexing  vital  statistics: 
202     For  the  preparation  of  certain  in- 
dexes   of    births,    marriages  and 
deaths $9,000  00  $9,000  00 


322 


Acts,  1939.  —  Chap.  309. 


For  printing  laws,  etc. : 

203  For   printing   and   distributing   the 

pamphlet  edition  and  for  printing 
and  binding  the  blue  book  edition 
of  the  acta  and  resolves  of  the 
present  year      .... 

204  For  the  printing  of  reports  of  de- 

cisions of  the  supreme  judicial 
court,  to  be  in  addition  to  any 
unexpended  balance  of  appropria- 
tions made  for  the  purpose  in  pre- 
ceding years       .... 

205  For    printing    and    binding    public 

documents  .... 

Totals 

For  matters  relating  to  elections: 

206  For  personal  and  other  services  in 

preparing  for  primary  elections, 
including  not  more  than  one  per- 
manent position,  and  for  the  ex- 
penses of  preparing,  printing  and 
distributing  ballots  for  primary 
and  other  elections    . 

207  For  the  printing  of  blanks  for  town 

officers,  election  laws  and  blanks 
and  instructions  on  all  matters  re- 
lating to  elections 

208  For  furnishing  cities  and  towns  with 

ballot  boxes,  and  for  repairs  to  the 
same;  for  the  purchase  of  appa- 
ratus to  be  used  at  polling  places 
in  the  canvass  and  counting 
votes;  and  for  providing  certain 
registration  facilities  . 

209  For  expenses  of  publication  of  lists 

of  candidates  and  forms  of  ques- 
tions before  state  elections  . 

210  For  services  and  expenses  of  the  elec 

toral  college 

Totals   .... 

Medical  Examiners'  Fees: 

211  For  medical  examiners'  fees,  as  pro- 

vided  by  law 

Commission    on    Interstate    Co 
operation : 

212  For  personal  and  other  services  o 

the  commission,  including  trave' 
and  other  expenses,  as  authorized 
by  sections  twenty-one  to  twenty 
five,  inclusive,  of  chapter  nine  o 
the  General  Laws,  inserted  by 
chapter  four  hundred  and  four  of 
the  acts  of  nineteen  hundred  and 
thirty-seven,  including  not  more 
than  two  permanent  positions     . 


Appropriation 
Fiscal  Year 


$14,000  00 


4,500  00 
2.000  00 


Appropriation 

Fiscal  Year 

1940. 


$20,500  00 


3,500  00 


2,000  00 


$1,200  00 


$19,000  00 
2.000  00 


$21,000  00 


$4,500  00  $250,000  00 


7,000  00 


2,500  00 

14,000  00 
750  00 


$10,000  00  $274,250  00 


$1,200  00 


$7,300  00 


$7,400  00 


Service  of  the  Treasurer  and  Receiver-General. 
For  the  salary  of  the  treasurer  and 

receiver-general  .  .  .  $6,000  00 


$6,000  00 


Acts,  1939.  —  Chap.  309.  323 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

For  salaries  of  officers  and  employ- 
ees holding  positions  established 
by  law  and  additional  clerical  and 
other  assistance,  including  not 
more  than  thirty-seven  perma- 
nent positions    ....  $67,200  00  $68,200  00 

For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment  .  .  .  20,000  00  20,000  00 


Totals $93,200  00  $94,200  00 

Commissioners  on  Firemen's  Re- 
lief: 

For  relief  disbursed,  with  the  ap- 
proval of  the  commissioners  on 
firemen's  relief,  subject  to  the 
provisions  of  law        .  .  .  $17,100  00  $17,100  00 

For  expenses  of  administration  by 
the  commissioners  on  firemen's 
relief 400  00  400  00 


Totals $17,500  00  $17,500  00 

Payments  to  Soldiers: 

For  making  payments  to  soldiers  in 
recognition  of  service  during  the 
world  war,  as  provided  by  law    .  $4,000  00  $3,000  00 

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 
hundred  and  sixty-one  of  the  acts 
of  eighteen  hundred  and  ninety- 
eight,  as  amended  by  section  one 
of  chapter  four  hundred  and  sev- 
enty-one of  the  acts  of  eighteen 
hundred  and  ninety-nine    .  .  200  00  200  00 


Totals $4,200  00  $3,200  00 

State  Board  of  Retirement: 

For  personal  services  in  the  adminis- 
trative office  of  the  state  board  of 
retirement,  including  not  more 
than  eight  permanent  positions  .  $12,600  00  $13,000  00 

For  services  other  than  personal, 
printing  the  annual  report,  and 
for  office  supplies  and  equipment  8,000  00  7,600  00 

For  requirements  of  annuity  funds 
and  pensions  for  employees  re- 
tired from  the  state  service  under 
authority  of  law  .  .  .  330,000  00  350,000  00 


Totals $350,600  00  $370,600  00 

Service  of  the  Emergency  Finance  Board. 

For  administrative  expenses  of  the 
emergency  finance  board,  includ- 
ing not  more  than  nine  permanent 
positions $17,320  00  $17,320  00 


324  Acts,  1939.  —  Chap.  309. 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 


1940. 


Service  of  the  State  Emergency  Public  Works  Covimission. 

224  For  expenses  of  the  board  appointed 
to  formulate  projects  or  perform 
any  act  necessary  to  enable  the 
commonwealth  to  receive  certain 
benefits  provided  by  any  acts  or 
joint  resolutions  of  congress  au- 
thorizing grants  of  federal  money 
for  public  projects,  including  not 
more  than  nine  permanent  posi- 
tions   $17,530  00 


Requirements  for  Extinguishing  the  State  Debt. 

For  sinking  fund  requirements  and 
for  certain  serial  bonds  maturing 
during  the  year  nineteen  hundred 
and  thirty-nine,  the  sum  of  nine 
million  four  hundred  sixty-five 
thousand  five  hundred  ninety- 
five  dollars  and  ninety  cents,  of 
which  sum  seven  million  eight 
hundred  eighty-five  thousand  five 
hundred  sixty-two  dollars  and 
fifty  cents  shall  be  paid  from  the 
Highway  Fund;  and  for  sinking 
fund  requirements  and  for  certain 
serial  bonds  maturing  during  the 
year  nineteen  hundred  and  forty, 
the  sum  of  eight  million  eight 
hundred  forty-nine  thousand  five 
hundred  sixty-two  dollars  and 
fifty  cents,  of  which  sum  seven 
million  three  hundred  three  thou- 
sand five  hundred  sixty-two  dol- 
lars and  fifty  cents  shall  be  paid 
from  the  Highway  Fund     .  .       $9,465,595  90       $8,849,562  50 


Interest  on  the  Public  Debt. 

226  For  the  payment  of  interest  on  the 
direct  debt  of  the  commonwealth 
in  the  year  nineteen  hundred  and 
thirty-nine,  a  sum  not  exceeding 
seven  hundred  thirty-nine  thou- 
sand dollars,  of  which  sum  four 
hundred  fifty-one  thousand  dol- 
lars shall  be  paid  from  the  High- 
way Fund;  and  for  the  payment 
of  interest  on  the  direct  debt  of 
the  commonwealth  in  the  year 
nineteen  hundred  and  forty,  a 
sum  not  exceeding  four  hundred 
ninety-seven  thousand  one  hun- 
dred thirty-five  dollars  and  sev- 
enty-five cents,  of  which  sum 
three  hundred  nineteen  thousand 
thirty-two  dollars  and  fifty  cents 
shall  be  paid  from  the  Highway 
Fund $739,000  00  $497,135  75 


Acts,  1939.  —  Chap.  309.  325 


Appropnation  Appropnation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

Service  of  the  Auditor  of  the  Commonwealth. 

For  the  salary  of  the  auditor  .  $6,000  00  $6,000  00 

For  personal  ser\nces  of  deputies  and 
other  assistants,  including  not 
more  than  twenty-three  perma- 
nent positions    ....  67,000  00  68,000  00 

For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment  .  .  .  6,000  00  6,000  00 

Totals $79,000  00  $80,000  00 

Service  of  the  Attorney  General's  Department. 

For  the  salary  of  the  attorney  gen- 
eral   $8,000  00  $8,000  00 

For  the  compensation  of  assistants 

in  his  office,  and  for  such  other 

legal  and  personal  services  as  may 

be  required,  including  not  more 

than  thirty-seven  permanent  posi- 
tions   134,500  00  124,000  00 

For  services   other  than  personal, 

traveling  expenses,  oflBce  supplies 

and  equipment  .  .  .  10,000  00  10,000  00 

For  the  settlement  of  certain  claims, 

as  provided  by  law,  on  account  of 

damages  by  cars  owned  by  the 

commonwealth  and  operated  by 

state  employees  .  .  .  8,000  00  8,000  00 

For  the  settlement  of  certain  small 

claims,  as  authorized  by  section 

three  A  of  chapter  twelve  of  the 

General  Laws,  as  appearing  in  the 

Tercentenary  Edition  thereof       .  5,000  00  5,000  00 


Totals $165,500  00  $155,000  00 

Service  of  the  Department  of  Agriculture. 

For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

For  personal  services  of  clerks  and 
stenographers,  including  not  more 
than  seventeen  permanent  posi- 
tions   27,000  00  27,000  00 

For  traveling  expenses  of  the  com- 
missioner ....  800  00  800  00 

For  services  other  than  personal, 
printing  the  annual  report,  office 
supplies  and  equipment,  and 
printing  and  furnishing  trespass 
posters 5,950  00  5,950  00 

For  compensation  and  expenses  of 

members  of  the  advisory  board   .  1,000  00  1,000  00 

For  ser-vices  and  expenses  of  apiary 

inspection  ....  2,000  00  2,000  00 


Totals $42,750  00  $42,750  00 

Division  of  Dairying  and  Animal 
Husbandry: 
241     For  personal  services,  including  not 
more  than  five  permanent  posi- 
tions   $10,570  00 


326  Acts,  1939.  —  Chap.  309. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

242  For  other  expenses,  including  the 

enforcement  of  the  dairy  laws  of 

the  commonwealth     .  .  .  $4,500  00 

243  For  administering  the  law  relative  to 

the  inspection  of  barns  and  dairies 
by  the  department  of  agriculture, 
including  not  more  than  eight  per- 
manent positions  .  .  20,250  00  - 

244  For  expenses  of  administering  sec- 

tions 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,  rela- 
tive to  the  licensing  and  bonding 
of  milk  dealers,  including  not 
more  than  two  permanent  posi- 
tions    3,750  00 

Division  of  Plant  Pest  Control: 

245  For  personal  services,  including  not 

more  than  two  permanent  posi- 
tions    5,700  00 

246  For  other  expenses         .  .  .   .  2,400  00 

Division  of  Markets: 

247  For  personal  services,  including  not 

more  than  twelve  permanent  posi- 
tions    21,775  00 

248  For  other  expenses         .  .  .  5,700  00 

Division    of    Reclamation,     Soil 
Survey  and  Fairs: 

249  For  personal  services,  including  not 

more  than  three  permanent  posi- 
tions    11,200  00  $7,500  00 

250  For  travel  and  other  expenses  .  4,250  00  4,250  00 

251  For  state  prizes  and  agricultural  ex- 

hibits including  allotment  of  funds 
for  the  4-H  club  activities,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose, 
and  any  unexpended  balance  re- 
maining at  the  end  of  either  of 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  may  be  used  in  the  suc- 
ceeding year      ....  29,000  00  24,000  00 


Totals $119,095  00  $35,750  00 

Milk  Control  Board: 

252  For  personal  services  of  members  of 

the  board  and  their  employees, 
including  not  more  than  thirty- 
five  permanent  employees  .  $92,000  00  $94,500  00 

253  For  other  administrative  expenses 

of  the  board,  including  office  ex- 
penses, rent,  travel  and  special 
services 57,000  00  57,000  00 


Totals $149,000  00         $151,600  GO 


Acts,  1939. —  Chap.  309.  327 

Appropriation        Appropriation 
Fiscal  Year  FiBcal  Year 

Item  1939.  1940. 

Division    of    Livestock    Disease 
Control: 

254  For  the  salary  of  the  director  .  $3,000  00 

255  For  personal  services  of  clerks  and 

stenographers,  including  not  more 
than  eighteen  permanent  posi- 
tions    19,800  00 

256  For  services   other   than   personal, 

including  printing  the  annual  re- 
port, traveling  expenses  of  the 
director,  office  supplies  and  equip- 
ment, and  rent  .  .  .  6,650  00 

257  For  personal  services  of  veterina- 

rians and  agents  engaged  in  the 
•work  of  extermination  of  conta- 
gious diseases  among  domestic 
animals,  including  not  more  than 
fifteen  permanent  positions  .  51,000  00  - 

258  For  traveling  expenses  of  veterina- 

rians and  agents,  including  the 
cost  of  any  motor  vehicles  pur- 
chased for  their  use   .  .  .  12,000  00  - 

259  For    reimbursement    of    owners    of 

horses  killed  during  the  fiscal 
years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  and  previous  years, 
travel,  when  allowed,  of  inspec- 
tors of  animals,  incidental  ex- 
penses of  killing  and  burial,  quar- 
antine and  emergency  services, 
and  for  laboratory  and  veterinary 
supplies  and  equipment       .  .  2,330  00 

260  For  reimbursement  of  owners  of  tu- 

bercular cattle  killed,  including 
the  payment  of  two  claims  of 
previous  years  amounting  to 
twenty-seven  dollars  and  ninety- 
eight  cents,  as  authorized  by  sec- 
tion twelve  A  of  chapter  one  hun- 
dred and  twenty-nine  of  the  Gen- 
eral 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  years  nine- 
teen hundred  and  thirty-nine  and 
nineteen  hundred  and  forty  and 
the  previous  year,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose,  and 
any  unexpended  balance  remain- 
ing at  the  end  of  either  of  the 
years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  may  be  used  in  the  suc- 
ceeding year      ....  35,000  00  $35,000  00 


Totals $129,780  00  $35,000  00 


328  Acts,  1939.  —  Chap.  309. 


Appropnation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Reimbursement  of  towns  for  in- 
spectors of  animals: 

261  For  the  reimbursement   of   certain 

towns  for  compensation  paid  to 

inspectors  of  animals  .  .  $5,200  00  $5,200  00 

Specials: 

262  For  work  in  protecting  the  pine  trees 

of  the  commonwealth  from  white 
pine  blister  rust,  and  for  payments 
of  claims  on  account  of  currant 
and  gooseberry  bushes  destroyed 
in  the  work  of  suppressing  white 
pine  blister  rust  .  .  .  3,000  00  3,000  00 

263  For  quarantine  and  other  expenses 

in  connection  with  the  work  of 
suppression  of  the  European  corn- 
borer,  so  called,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .  3,000  00  3,000  00 

264  For  quarantine  and  other  expenses 

in  connection  with  the  work  of 
suppression  of  the  Japanese  beetle, 
so  called 3,400  00  3.400  00 

265  For  the  cost  of  work  of  inspecting 

certain  orchards  of  the  common- 
wealth to  provide  for  effective 
apple  pest  control       .  .  .  2,500  00  2,500  00 


Totals $11,900  00  $11,900  00 

State  Reclamation  Board: 

266  For  expenses  of  the  board,  including 

not   more   than   five   permanent 

positions $9,000  00 

267  For  the  maintenance  and  construc- 

tion of  drainage  ditches,  as  au- 
thorized by  chapter  three  hun- 
dred 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,  to  be  assessed  upon 
certain  towns  as  required  by  law 
and  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  33,900  00  $33,900  00 


Totals $42,900  00  $33,900  00 

Service  of  the  Department  of  Conservation. 

Administration : 

268  For  the  salary  of  the  commissioner  .  $6,000  00  $6,000  00 

269  For  traveling  expenses  of  the  com- 

missioner ....  500  00  1,000  00 

270  For  telephone  service  and  certain 

other  office  charges  of  the  depart- 
ment    2.400  00  2.400  00 

271  For  personal  services  of  telephone 

operator  and  others,  including  not 
more  than  two  permanent  em- 
ployees        2,200  00  2.275  00 


Totals $11,100  00  $11,675  00 


Acts,  1939.  —  Chap.  309.  329 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Division  of  Forestry: 

272  For  personal  services  of  office  assist- 

ants,   including    not    more    than 

seven  permanent  positions  .  $15,800  00  $15,900  00 

273  For  ser\ace3  other  than  personal,  in- 

cluding printing  the  annual  re- 
port, and  for  traveling  expenses, 
necessary  office  supplies  and 
equipment,  and  rent  .  .  .  9,600  00  9,600  00 

274  For  aiding  towns  in  the  purchase  of 

equipment  for  extinguishing  forest 
fires  and  for  making  protective 
belts  or  zones  as  a  defence  against 
forest  fires,  for  the  fiscal  years 
nineteen  hundred  and  thirty-nine 
and  nineteen  hundred  and  forty 
and  for  previous  years         .  .  1,000  00  1,000  00 

275  For  personal  services  of  the  state 

fire  warden  and  his  assistants,  and 
for  other  services,  including  trav- 
eling expenses  of  the  state  fire 
warden  and  his  assistants,  neces- 
sary supplies  and  equipment  and 
materials  used  in  new  construc- 
tion in  the  forest  fire  preven- 
tion service,  including  not  more 
than  thirteen  permanent  posi- 
tions           74,600  00  75,000  00 

276  For  the  suppression  of  the  gj'psy  and 

brown  tail  moths,  including  not 
more  than  eight  permanent  posi- 
tions, and  for  expenses  incidental 
thereto,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose,  and  any  unex- 
pended balance  remaining  at  the 
end  of  either  of  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty  may  be 
used  in  the  succeeding  year  .  44,750  00  45,000  00 

277  For  the  development  of  state  forests, 

including  not  more  than  twenty- 
seven  permanent  positions,  and 
including  salaries  and  expenses  of 
foresters  and  the  cost  of  mainte- 
nance of  such  nurseries  as  may  be 
necessary  for  the  groA\nng  of  seed- 
lings for  the  planting  of  state 
forests,  as  authorized  by  sections 
one,  six,  nine  and  thirty  to  thirty- 
six,  inclusive,  of  chapter  one  hun- 
dred and  thirty-two  of  the  Gen- 
eral Laws,  as  amended,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose, 
and  any  unexpended  balance  re- 
maining at  the  end  of  either  of  the 
years  nineteen  hundred  and  thirty- 
nine  and  nineteen  hundred  and 
forty  may  be  used  in  the  succeed- 
ing year    .  .  .  .  .  135,000  00  135,000  00 

278  For  reimbursement  to  certain  towns, 

as  authorized  by  section  twenty- 
four  of  chapter  forty-eight  of  the 


330  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 
Item                                                                                            1939.  1940. 

General  Laws,  as  appearing  in  the 
Tercentenary  Edition  thereof       .  $1,000  00  $300  00 

279  For  the  expenses  of  forest  fire  patrol, 

as  authorized  by  section  twenty- 
eight  A  of  said  chapter  forty- 
eight,  as  so  appearing         .  .  6,200  00  6,100  00 

280  For  expenses  of  certain  Works  Prog- 

ress Administration  or  other  fed- 
eral projects  in  state  forests,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  10,000  00  10,000  00 


Totals $297,950  00  $297,900  00 

Division  of  Parks: 

281  For  personal  services  for  certain  ad- 

ministrative purposes  and  for  cer- 
tain consulting  services,  including 
not  more  than  three  permanent 
positions $11,900  00  $11,900  00 

282  For  travel  and  other  administrative 

expenses,   including   supplies   for 

reservation  improvements  .  .  6,000  00  4,800  00 

283  For  the  development  of  recreational 

opportunities  in  state  forests,  in- 
cluding personal  services  and  other 
expenses 30,000  00  30,000  00 

284  For  the  maintenance  of  the  Standish 

monument  reservation         .  .  2,000  00  2,000  00 

285  For  the  maintenance  of  Salisbury 

beach  reservation,  including  not 

more  than  one  permanent  position  19,000  00  19,000  00 

286 


Totals $68,900  00  $67,700  00 

Division  of  Fisheries  and  Game: 

287  For  the  salary  of  the  director  .  .  $5,000  00  $5,000  00 

288  For  personal  services  of  office  assist- 

ants,   including    not    more    than 

twelve  permanent  positions  .  22,300  00  22,500  00 

289  For   services  other   than   personal, 

including  printing  the  annual  re- 
port, traveling  expenses  and  neces- 
sary office  supplies  and  equipment, 
and  rent 9,800  00  10,325  00 

290  For  expenses  of  exhibitions  and  other 

measures  to  increase  the  interest 
of  the  public  in  the  protection  and 
propagation  of  fish  and  game      .  1,000  00  1,000  00 

Enforcement  of  laws: 

291  For  personal  services  of  conserva- 

tion officers,  including  not  more 
than  thirty-seven  permanent  posi- 
tions   75,300  00  76,200  00 

292  For  traveling  expenses  of  conserva- 

tion officers,  and  for  other  ex- 
penses necessary  for  the  enforce- 
ment of  the  laws         .  .  31,800  00  31,600  00 

Biological  work: 

293  For  personal  services  to  carry  on  bio- 

logical work,  including  not  more 

than  two  permanent  positions      .  6,900  00  6,900  00 


Acts,  1939.  —  Chap.  309.  331 

Appropriation  Appropriation 

"Fiscal  Year  Fiscal  Year 
Item                                                                                             1939.  1940. 

294  For  traveling  and  other  expenses  of 

the  biologist  and  his  assistants     .  $2,900  00  $2,300  00 

Propagation  of  game  birds,  etc.: 

295  For  personal  services  of  employees 

at  game  farms  and  fish  hatcheries, 
not  exceeding  more  than  twenty- 
two  permanent  positions     .  .  79,400  00  81,000  00 

296  For  other  maintenance  expenses  of 

game  farms  and  fish  hatcheries, 
and  for  the  propagation  of  game 
birds  and  animals  and  food  fish  .  100,000  00  100,000  00 

Damages  by  wild  deer  and  wild 
moose: 

297  For  the  payment  of  damages  caused 

by  wild  deer  and  wild  moose,  for 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  and  for  previous  years, 
as  provided  by  law     .  .  .  6,000  00  6,000  00 

Supervision  of  public  fishing  and 
hunting  grounds: 

298  For  personal  services,  including  not 

more  than  one  permanent  posi- 
tion    5,150  00  5,150  00 

299  For  other  expenses         .  .  1,200  00  1,200  00 

300  For  expenses  of  providing  for  the 

establishment    and    maintenance 

of  public  fishing  grounds     .  .  3,040  00  3,040  00 

301  For  the  cost  of  construction  and  im- 

provement of  certain  fishways      .  4,000  00  4,000  00 

Protection  of  Wild  Life: 

302  For  personal  services,  including  not 

more  than  two  permanent  posi- 
tions    4,700  00  4,700  00 

303  For  other  expenses         .  .  .  1,500  00  1,500  00 

Marine  fisheries: 

304  For  personal  services  for  regulating 

the  sale  and  cold  storage  of  fresh 
food  fish,  including  not  more  than 
seven  permanent  positions  .  16,065  00  16,400  00 

305  For  other  expenses  of  regulating  the 

sale  and  cold  storage  of  fresh  food 

fish 3,700  00  3,100  00 

State  Supervisor  of  Marine  Fish- 
eries: 

306  For  personal  services  of  the  state 

supervisor  of  marine  fisheries  and 
his  assistants,  including  not  more 
than  seven  permanent  positions  .  14,220  00  14,460  GO 

307  For  office  and  other  expenses  of  the 

state  supervisor  of  marine  fish- 
eries    5,000  00  5,000  00 

Enforcement  of  shellfish  and  other 
marine  fishery  laws: 

308  For  personal  services  for  the  admin- 

istration and  enforcement  of  laws 
relative  to  shellfish  and  other  ma- 
rine fisheries,  including  not  more 
than  eleven  permanent  positions  .  34,205  00  34,715  00 


332  Acts,  1939.  —  Chap.  309 


^ppropr 
F&cal  "! 


Appropriation 

Fiscal  Year 

1940. 


For  other  expenses  for  the  adminis- 
tration and  enforcement  of  laws 
relative  to  shellfish  and  other  ma- 
rine fisheries      ....  $14,000  00  $14,000  00 

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  General 
Laws,  inserted  therein  by  chapter 
three  hundred  and  twenty-four  of 
the  acts  of  nineteen  hundred  and 
tliirty-five  ....  20,000  00  20,000  00 


Totals $467,180  00  $470,000  00 

Bounty  on  seals: 
For  bounties  on  seals      .  .  .  $900  00  $900  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Banks: 

313  For  the  salary  of  the  commissioner  .  $6,000  00  $6,000  00 

314  For  services   of   deputy,   directors, 

examiners  and  assistants,  clerks, 
stenographers  and  experts,  in- 
cluding not  more  than  one  hun- 
dred and  thirty-five  permanent 
positions 330,000  00  340,000  00 

315  For   services   other  than  personal, 

printing  the  annual  report,  travel- 
ing expenses,  office  supplies  and 
equipment  ....  60,000  00  60,000  00 


Totals $396,000  00         $406,000  00 

Supervisor  of  Loan  Agencies: 

316  For  personal  ser\'ices  of  supervisor 

and  assistants,  including  not 
more  than  seven  permanent  posi- 
tions          $14,100  00  $14,230  00 

317  For   services   other  than  personal, 

printing  the  annual  report,  office 

supplies  and  equipment      .  .  1,600  00  2,000  00 


Totals $15,700  00  $16,230  00 

Division  of  Insurance: 

318  For  the  salary  of  the  commissioner  .  $6,000  00  $6,000  00 

319  For  other  personal  services  of  the 

division,  including  expenses  of  the 
board  of  appeal  and  certain  other 
costs  of  supervising  motor  vehicle 
hability  insurance,  and  including 
not  more  than  one  hundred  and 
forty-one  permanent  positions, 
seventy  thousand  dollars  of  which 
may  be  charged  to  the  Highway 
Fund  in  each  of  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty       .  .  290,000  00  305,000  00 


Acts,  1939.  —  Chap.  309.  333 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  office  supplies 
and  eqmpment  and  rent  of  offices  $80,000  00  $80,000  00 


Totals $376,000  00  $391,000  00 

Board  of  Appeal  on  Fire  Insur- 
ance Rates: 

321  For  expenses  of  the  board       .  .  $500  00  $700  00 

Division  of  Savings  Bank  Life  In- 
surance: 

322  For  personal  services  of  officers  and 

employees,  including  not  more 
than  twenty-eight  permanent  po- 
sitions        43,650  00  48,000  00 

323  For  services   other  than   personal, 

printing  the  annual  report,  travel- 
ing expenses,  rent,  publicity  and 
equipment  ....  17,000  00  18,500  00 


Totals $60,650  00  $66,500  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 

324  For  the  salary  of  the  commissioner  .  $7,500  00  $7,500  00 

325  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,  including 
not  more  than  one  hundred  and 
twenty-two  permanent  positions, 
and  including  a  sum  of  not  more 
than  fifty  thousand  dollars  to  be 
charged  in  each  of  the  years  nine- 
teen hundred  and  thirty-nine  and 
nineteen  hundred  and  forty  to  the 
Highway  Fund  to  cover  the  esti- 
mated cost  of  collection  of  the 
gasoline  tax,  so  called,  and  a  sum 
of  not  more  than  fifty  thousand 
dollars  which  may  be  payable  in 
each  of  said  years  from  fees  col- 
lected under  section  twenty-seven 
of  chapter  one  hundred  and  thirty- 
eight  of  the  General  Laws,  as 
amended,  to  cover  the  estimated 
cost  of  collection  of  alcoholic  bev- 
erages taxes,  so  called  .  .  254,250  00  257,600  00 

326  For  other  services,  necessary  office 

supplies  and  equipment,  travel 
and  for  printing  the  annual  report, 
other  publications  and  valuation 
books 44,700  00  45,500  00 

327  For  expenses  of  the  department  for 

legal  services,  evidence  and  other 
information  relative  to  domicile 
cases,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  10,000  00 


334  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

328  For  the  premium  on  a  certain  bond 
filed  in  the  state  of  Texas  to  per- 
mit suit  in  that  state  to  recover 
judgment  against  Edgar  B.  Davis 
in  relation  to  an  unpaid  income 
tax,  to  be  paid  from  receipts  from 
the  income  tax  .  .  .  .  $14,000  00  $14,000  00 


Totals $330,450  00  $324,600  00 

Income  Tax  Division  (the  two  fol- 
lowing appropriations  are  to  be 
made  from  the  receipts  from 
the  income  tax) : 

329  For  personal  services  of  the  director, 

assistant  director,  assessors,  dep- 
uty assessors,  clerks,  stenog- 
raphers and  other  necessary  as- 
sistants, including  not  more  than 
two  hundred  and  sixty-two  per- 
manent positions        .  .  .  $533,340  00  $517,870  00 

330  For  services   other  than   personal, 

and  for  traveling  expenses,  office 

supplies  and  equipment,  and  rent  173,600  00  173,600  00 


Totals $706,940  00  $691,470  00 

Division  of  Accounts: 

331  For  personal  services,  including  not 

more  than  ninety-two  permanent 
positions  partly  chargeable  to 
item  three  hundred  and  thirty- 
three  $96,900  00  $100,650  00 

332  For  other  expenses         .  .  .  10,200  00  10,200  00 

333  For  services  and  expenses  of  audit- 

ing and  installing  systems  of  mu- 
nicipal accounts,  the  cost  of  which 
is  to  be  assessed  upon  the  munici- 
paHties  for  which  the  work  is  done  183,000  00  187,300  00 

334  For  the  expenses  of  certain  books, 

forms  and  other  material,  which 
may  be  sold  to  cities  and  towns 
requiring  the  same  for  maintain- 
ing their  system  of  accounts        .  21,000  00  21,000  00 

335  For  the  administrative  expenses  of 

the  county  personnel  board,  in- 
cluding not  more  than  five  per- 
manent positions        ,  .  .  7,300  00  7,100  00 


Totals $318,400  00         $326,250  00 

Reimbursement  for  loss  of  taxes: 

336  For  reimbursing  cities  and  towns  for 

loss  of  taxes  on  land  used  for  state 
institutions  and  certain  other 
state  activities,  as  certified  by  the 
commissioner  of  corporations  and 
taxation  for  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty       .  .  $169,197  00  $170,000  00 

Appellate  Tax  Board: 

337  For  personal  services  of  the  mem- 

bers of  the  board  and  employees, 


Acts,  1939.  —  Chap.  309.  335 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

including  not  more  than  twenty- 
four  permanent  positions    .  .  $85,000  00  $81,000  00 
338     For  services   other   than   personal, 
traveling  expenses,  office  supplies 
and  equipment,  and  rent     .          .              24,500  00  21,400  00 


Totals $109,500  00  $102,400  00 

Service  of  the  Department  of  Education. 

339  For  the  salary  of  the  commissioner  .  $9,000  00  $9,000  00 

340  For    personal    services    of    officers, 

agents,  clerks,  stenographers  and 
other  assistants,  including  not 
more  than  forty-three  permanent 
positions,  but  not  including  those 
employed  in  university  extension 
work 115,440  00  118,140  00 

341  For  travehng  expenses  of  members 

of  the  advisory  board  and  of 
agents  and  employees  when  re- 
quired to  travel  in  discharge  of 
their  duties        ....  6,800  00  7.000  00 

342  For  services   other  than   personal, 

necessary  office  supplies,  and  for 
printing  the  annual  report  and 
bulletins  as  provided  by  law        .  9,200  00  9,200  00 

343  For  expenses  incidental  to  furnish- 

ing school  committees  with  rules 
for  testing  the  sight  and  hearing 
of  pupils 300  00  300  00 

344  For   printing   school   registers   and 

other  school  blanks  for  cities  and 

towns 2,000  00  2,000  00 

345  For  assisting  small  towns  in  p^o^^d- 

ing  themselves  with  school  super- 
intendents, as  provided  by  law    .  105,500  00  105,500  00 

346  For  the  reimbursement  of  certain 

towns  for  the  payment  of  tuition 
of  pupils  attending  high  schools 
outside  the  towns  in  which  they 
reside,  as  provided  by  law  .  .  200.000  00  200,000  00 

347  For  the  reimbursement  of  certain 

towns  for  the  transportation  of 
pupils  attending  high  schools  out- 
side the  towns  in  which  they  re- 
side, as  provided  by  law      .  215,000  00  210,000  00 

348  For  the  reimbursement  of  certain 

cities  and  towns  for  a  part  of  the 
expenses  of  maintaining  agricul- 
tural and  industrial  vocational 
schools,  as  provided  by  law  1,470,713  32         1,515,000  00 

349  For  the  expenses  of  promotion  of 

vocational  rehabilitation  in  co- 
operation with  the  federal  govern- 
ment, including  not  more  than  fif- 
teen permanent  positions    .  .  44,000  00  45,000  00 

350  For  aid  to  certain  persons  receiving 

instruction  in  the  courses  for  vo- 
cational rehabihtation,  as  author- 
ized by  section  twenty-two  B  of 
chapter  seventy-four  of  the  Gen- 
eral Laws,  as  appearing  in  the 
Tercentenary  Edition  thereof       .  4,500  00  4,500  00 


336  Acts,  1939.  —  Chap.  309. 


Appropriation 

Fiscal  Year 

1940. 


4,000  00  4.000  00 


Item 

35 1  For  the  training  of  teachers  for  voca- 

tional schools,  to  comply  with  the 
requirement  of  federal  authorities 
under  the  provisions  of  the  Smith- 
Hughes  act,  so  called,  including 
not  more  than  twenty  permanent 
positions.  .  .  ...  $32.50000  $31.50000 

352  For  the  education  of  deaf  and  bhnd 

pupils  of  the  commonwealth,  as 
provided  by  section  twenty-six  of 

Srj'aXtr'  "'  "".'""I  390,000  00  390,000  00 

'''     ''Tn.trr'  °'  .''°""°"'"''"''.  2.000  00  2,000  00 

354  For  aid  to  certain  pupils  in  state 

teachers'  colleges,  under  the  direc- 
tion of  the  department  of  educa- 
tion .  .  •  •  • 

355  For  assistance  to  children  of  certain 

■war  veterans,  for  the  years  nine- 
teen hundred  and  thirty-nine  and 
nineteen  hundred  and  forty  and 
for  previous  years,  as  authorized 
by  chapter  two  hundred  and  sixty- 
three  of  the  acts  of  nineteen  hun- 
dred  and  thirty,  as  amended       .  8.000  00  8-000  0" 

Totals $2,618,953  32       $2,661,140  00 

English-speaking       Classes      for 
Adults: 

356  For  personal  services  of  administra- 

tion, including  not  more  than  four 

permanent  positions  .  .  •  $11,340  00  $11-460  00 

357  For  other  expenses  of  administration  2,300  00  2,300  00 

'''     ''rd't^wnr""*  °'  "''"'  ''''".  65,000  00  65,000  00 

Totals $78,640  00  $78,760  00 

University  Extension  Courses: 

359  For  personal  services,  including  not 

more  than  forty  permanent  posi- 

.;„„„  .  .  $162,600  00  $164,000  00 

360  For  other  expenses         '.  .  31.400  00  31.400  00 

Totals $194,000  00  $195,400  00 

Special: 

361  For   the   cost  of   replacing   certain 

office  machines  .  .  •  $4,070  00 

Newbury  Street  Building: 

362  For  the  maintenance  and  operation 

of  the  state  building  on  Newbury  „,onnrvr,A 

Street.  Boston  .  .  .  •  $17,100  00  $13,000  00 

Special  Celebration: 
362 J  For  the  cost  of  observing  the  cen- 
tennial  of   the   estabHshment  of 
certain  state  teachers'  colleges    .  $1,500  00 


Acts,  1939.  —  Chap.  309.  337 


Fiscal  Year      Fiscal  Year 
1939.  1940. 


Division     of     Immigration     and 
Americanization : 

363  For  personal  services,  including  not 

more    than    twenty    permanent 

positions S3 1,000  00 

364  For  other  expenses         .  .  .  4,125  00 


Total $35,125  00 

Division  of  Public  Libraries: 

365  For    personal    services    of    regular 

agents  and  office  assistants,  in- 
cluding not  more  than  five  per- 
manent positions         .  .  .  $10,700  00  $10,950  00 

366  For  other  services,  including  print- 

ing the  annual  report,  traveling 
expenses,  necessary  office  supphes 
and  expenses  incidental  to  the  aid- 
ing of  public  libraries  .  .  7,000  00  7,000  00 


Totals $17,700  00  $17,950  00 

Division  of  the  Blind: 

367  For  general  administration,  furnish- 

ing information,  industrial  and 
educational  aid,  and  for  carrying 
out  certain  provisions  of  the  laws 
establishing  said  division,  includ- 
ing not  more  than  twenty  per- 
manent positions        .  .  .  $51.600  00  $52,260  00 

368  For  the  maintenance  of  local  shops, 

including  not  more  than  nine  per- 
manent positions         .  .  .  63,000  00  63,000  00 

369  For  maintenance  of  Woolson  House 

industries,  so  called,  to  be  ex- 
pended under  the  authority  of 
said  division,  including  not  more 
than  four  permanent  positions     .  42,000  00  42,000  00 

370  For  the  maintenance  of  certain  in- 

dustries for  men,  to  be  expended 
under  the  authority  of  said  di- 
vision, including  not  more  than 
six  permanent  positions       .  .  142,000  00  144,000  00 

371  For  instruction  of  the  adult  blind  in 

their  homes,  including  not  more 
than  fourteen  permanent  posi- 
tions   20,420  00  20,750  00 

372  For   expenses    of    providing    sight- 

saving  classes,  with  the  approval 

of  said  division  .  .  .  20,750  00  21,500  00 

373  For  aiding  the  adult  blind,  subject 

to  the  conditions  provided  by  law  155,000  00  160,000  00 

374  For  expenses  of  administering  and 

operating  the  ser\4ce  of  piano  tun- 
ing and  mattress  renovating  un- 
der section  twenty-five  of  chapter 
sixty-nine  of  the  General  Laws, 
as  amended  by  chapter  three  hun- 
dred and  ninety-seven  of  the  acts 
of  nineteen  hundred  and  thirty- 
five  20,000  00  20,000  00 


Totals $514,770  00  $523,510  00 


338  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Teachers'  Retirement  Board: 

375  For  personal  services  of  employees, 

including   not    more    than   eight 

permanent  positions  .  .  .  $14,500  00  $15,300  00 

376  For  services  other  than   personal, 

including  printing  the  annual 
report,  traveling  expenses,  office 
supplies  and  equipment,  and  rent  5,000  00  5,800  00 

377  For  payment  of  pensions  to  retired 

teachers 1.380,000  00         1,485,000  00 

378  For  reimbursement  of  certain  cities 

and  towns  for  pensions  to  retired 

teachers 314,476  99  335,000  00 

379  For  payment  into  the  annuity  fund, 

the  teachers'  retirement  board  is 
hereby  authorized  and  directed  to 
transfer  from  any  surplus  interest 
account  to  the  annuity  reserve 
fund  a  sum  not  exceeding  forty- 
five  thousand  dollars  in  each  of 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty,  notwithstanding  the 
provisions  of  paragraph  two  of 
section  nine  of  chapter  thirty-two 
of  the  General  Laws,  as  amended. 


Totals $1,713,976  99       $1,841,100  00 

Massachusetts  Nautical  School: 

380  For  personal  services  of  the  secre- 

tary and  office  assistants,  includ- 
ing not  more  than  two  permanent 
positions $5,060  00  $5,060  00 

381  For  services  other  than  regular  cleri- 

cal services,  including  printing  the 
annual  report,  rent,  office  supplies 
and  equipment  .  .  .  1,600  00  1,200  00 

382  For  the  maintenance  of  the  school 

and  ship,  including  not  more  than 

thirty-one  permanent  positions    .  87,840  00  88,500  00 


Totals $94,500  00  $94,760  00 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
state  teachers'  colleges,  and  the 
boarding  halls  attached  thereto, 
with  the  approval  of  the  com- 
missioner of  education,  as  fol- 
lows: 

383  State   teachers'   college   at   Bridge- 

water,  including  not  more  than 

sixty-one  permanent  positions      .  $117,125  00  - 

384  State   teachers'   college   at   Bridge- 

water,  boarding  hall,  including 
not  more  than  thirty  permanent 
positions 41,437  00 

385  State  teachers'  college  at  Fitchburg, 

including  not  more  than  fifty- 
eight  permanent  positions  .  .  134,677  00  - 

386  State  teachers'  college  at  Fitchburg, 

boarding  hall,  including  not  more 

than  nine  permanent  positions     .  22,500  00  - 


Acts,  1939.  —  Chap.  309.  339 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                                  1939.  1940. 

387  State  teachers'  college  at  Framing- 

ham,    including    not    more    than 

sixty-one  permanent  positions      .  $114,525  00  - 

388  State  teachers'  college  at  Framing- 

ham,  boarding  hall,  including  not 
more  than  twenty-seven  perma- 
nent positions    ....  42,375  00  - 

389  State  teachers'  college  at  Hyannis, 

including  not  more  than  twenty- 
nine  permanent  positions    .  .  57,500  00  - 

390  State  teachers'  college  at  Hyannis, 

boarding  hall,  including  not 
more  than  five  permanent  posi- 
tions           17,250  00 

391  (This  item  omitted.) 

392  State  teachers'  college  at  Lowell,  in- 

cluding not  more  than  thirty-nine 

permanent  positions  .  .  .  58,867  00  — 

393  State    teachers'    college    at    North 

Adams,  including  not  more  than 

twenty-nine  permanent  positions  49,256  00  - 

394  State    teachers'    college    at    North 

Adams,  boarding  hall,  including 
not  more  than  six  permanent 
positions 8,362  00 

395  State  teachers'  college  at  Salem,  in- 

cluding not  more  than  forty-nine 

permanent  positions  .  .  .  91,117  00  — 

396  (This  item  omitted.) 

397  State  teachers'  college  at  Westfield, 

including  not  more  than  thirty- 
five  permanent  positions     .  .  55,054  00  - 

398  State  teachers'  college  at  Westfield, 

boarding  hall,  including  not  more 

than  one  permanent  position        .  1,275  00  - 

399  State  teachers'  college  at  Worcester, 

including  not  more  than  forty- 
four  permanent  positions     .  .  72,019  00  — 

400  Massachusetts   School    of   Art,    in- 

cluding not  more  than  thirty-six 

permanent  positions  .  .  108,200  00  $107,850  00 


Totals $991,539  00  $107,850  00 

Textile  Schools: 
For  the  maintenance  of  the  Brad- 
ford Durfee  textile  school  of  Fall 
River,  with  the  approval  of  the 
commissioner  of  education  and 
the  trustees,  including  not  more 
than  twenty-one  permanent  posi- 
tions in  the  year  nineteen  hun- 
dred and  thirty-nine  and  twenty- 
three  permanent  positions  in  the 
year  nineteen  hundred  and  forty, 
and  including  the  sum  of  ten  thou- 
sand dollars  which  is  to  be  as- 
sessed upon  the  city  of  Fall  River 
as  a  part  of  the  state  tax  for  each 
of  the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  ....  $65,125  00  $67,075  GO 


340  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

402  For  the  maintenance  of  the  Lowell 

textile  institute,  with  the  approval 
of  the  commissioner  of  education 
and  the  trustees,  including  not 
more  than  sixty-one  permanent 
positions,  and  including  the  sum 
of  ten  thousand  dollars  which  is  to 
be  assessed  upon  the  city  of  Lowell 
as  a  part  of  the  state  tax  for  each 
of  the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  ....  $183,490  00  $189,250  00 

403  For  the  maintenance  of  the  New 

Bedford  textile  school,  with  the 
approval  of  the  commissioner  of 
education  and  the  trustees,  in- 
cluding not  more  than  twenty- 
four  permanent  positions,  and  in- 
cluding the  sum  of  ten  thousand 
dollars  which  is  to  be  assessed 
upon  the  city  of  New  Bedford  as 
a  part  of  the  state  tax  for  each  of 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 

and  forty  ....  72,100  00  71,900  00 

403a  (This  item  omitted.) 


Totals $320,715  00  $328,225  00 

Massachusetts  State  College: 

404  For  maintenance   and   current  ex- 

penses of  the  Massachusetts  state 
college,  with  the  approval  of  the 
trustees,  including  not  more  than 
four  hundred  and  sixty-eight  per- 
manent positions         .  .  .       $1,122,300  00       $1,134,600  00 

405  For  personal  services  for  the  main- 

tenance of  the  boarding  hall,  in- 
cluding not  more  than  twenty- 
four  permanent  positions     .  .  29,400  00  29,400  GO 

406  For  other  expenses  of  the  mainte- 

nance of  the  boarding  hall  .  59,000  00  59,400  00 

407  For  an  emergency  fund  to  meet  the 

needs  of  harvesting  big  crops  of 
the  control  service  or  other  un- 
foreseen conditions,  which  clearly 
indicate  that  additional  revenue 
will  be  produced  to  equal  the  ex- 
penditure; provided,  that  these 
sums  shall  be  available  only  after 
approval  of  particular  projects 
covered  by  this  item  has  been 
obtained  from  the  governor  and 
council 2,000  00  2,000  00 

408  For  aid  to  certain  students,  with  the 

approval  of  the  trustees      .  .  5,000  00  5,000  00 

409  For  the  cost  of  field  and  laboratory 

work  in  connection  with  the 
Dutch     elm    disease     and    other 

shade  tree  diseases  and  insects     .  5,000  00  5,000  00 

409a  (This  item  omitted.) 


409d 


Acts,  1939.  —  Chap.  309.  341 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

409e 

409f 

409g  (This  item  omitted.) 

409h 

409i 

409j 

409k 


Totals $1,222,700  00      $1,235,400  00 

Service  of  the  Department  of  Civil  Service  and  Registration. 

Administration : 

410  For  personal  services  of  telephone 

operator  of  the  department  and 

for  service  of  telephone  tolls         .  $1,900  00  $1,900  00 

Division  of  Civil  Ser^'^ce: 

411  For  the  salaries  of  the  commissioner 

and  associate  commissioners,  and 
for  the  compensation  of  members 
of  the  commission  established  by- 
chapter  two  hundred  and  thirty- 
eight  of  the  acts  of  the  current 
year $9,000  00  $9,000  00 

412  For  other  personal  services  of  the 

division,  including  not  more  than 

ninety-four  permanent  positions  .  172,000  00  174,000  00 

413  For  other  services  and  for  printing 

the  annual  report,  and  for  office 
supplies  and  equipment  necessary 
for  the  administration  of  the  civil 
service  law         ...  .  37,700  00  34,800  00 


Totals $218,700  00  $217,800  00 

Division  of  Registration: 

414  For  the  salary  of  the  director  .  .  $2,400  00  $2,400  00 

415  For  clerical  and  certain  other  per- 

sonal ser\aces  of  the  division,  in- 
cluding not  more  than  twenty- 
nine  permanent  positions    .  .  59,400  00  61,100  00 

416  For  services  of  the  division  other 

than  personal,  printing  the  an- 
nual reports,  office  supplies  and 
equipment,  except  as  otherwise 
provided 11,900  00  11,900  00 


Totals $73,700  00  $75,400  00 

Board  of  Registration  in  Medi- 
cine: 

For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  seven  permanent  posi- 
tions   $6,300  00  $6,300  00 

For  traveUng  expenses  ...  800  00  800  00 


Totals $7,100  00  $7,100  00 

Board  of  Dental  Examiners: 
For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  five  permanent  posi- 
tions          $3,800  00  $3,800  GO 


342 


Acts,  1939.  —  Chap.  309. 


Item 
420 
421 


425 


426 


428 
429 


For  traveling  expenses  . 

For  travel  and  other  expenses  neces- 
sary in  providing  for  the  enforce- 
ment of  law  relative  to  the  regis- 
tration of  dentists 

Totals 

Board  of  Registration  in  Phar- 
macy: 

For  personal  services  of  members  of 
the  board,  including  not  more 
than  five  permanent  positions     . 

For  personal  services  of  agent  and 
investigators,  including  not  more 
than  one  permanent  position 

For  traveling  expenses  . 

Totals 

Board  of  Registration  of  Nurses: 
For  personal  services  of  members  of 
the    board,    including   not   more 
than  five  permanent  positions 
For  traveling  expenses  . 

Totals 

Board  of  Registration  in  Em- 
balming and  Funeral  Directing : 

For  personal  services  of  members  of 
the  board,  including  not  more 
than  three  permanent  positions   . 

For  traveling  expenses  . 

For  the  dissemination  of  useful 
knowledge  among  and  for  the 
benefit  of  licensed  embalmers 

Totals 


1939. 
$1,000  00 


1,000  00 


$5,800  00 


$4,300  00 


$20,200  00 


$2,700  00 


$1,500  00 
3,000  00 


300  00 


Appropriation 

Fiscal  Year 

1940. 

$1,000  00 


1.000  00 
$5,800  00 


$4,300  00 


9,900  00       9,900  00 
6,000  00       6,000  00 


$20,200  00 


$2,100  00      $2,100  00 
600  00        600  00 


$2,700  00 


$1,500  00 
3,000  00 


$4,800  00 


$4,800  00 


Board    of    Registration    in    Op- 
tometry : 

430  For  personal  services  of  members 

of  the  board,  including  not  more 
than  five  permanent  positions 

431  For  traveling  expenses  . 

Totals 

Board  of  Registration  in  Veteri- 
nary Medicine: 

432  For  personal  services  of  members  of 

the    board,    including   not   more 
than  five  permanent  positions 

433  For  other  services,  printing  the  an- 

nual report,   traveling  expenses, 
office  supplies  and  equipment 

Totals 

State  Examiners  of  Electricians: 

434  For  personal  services  of  members  of 

the    board,    including   not   more 
than  two  permanent  positions     . 

435  For  traveling  expenses  . 

Totals 


$1,900  00 
800  00 


$2,700  00 


$600  00 


300  00 


$900  00 


$1,000  00 
5,300  00 


$6,300  00 


$1,900  00 
800  00 


$2,700  00 


$600  00 
300  00 


$900  00 


$1,000  GO 
5,300  00 


$6,300  00 


Acts,  1939.  —  Chap.  309.  343 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Board  of  Registration  of  Public 
Accountants: 

436  For  personal  services  of  members  of 

the    board,    including    not    more 

than  five  permanent  positions      .  $675  00  $675  00 

437  For  expenses  of  examinations,  in- 

cluding the  preparation  and  mark- 
ing of  papers,  and  for  other  ex- 
penses         1,800  00  1,800  00 


Totals $2,475  00  $2,475  00 

State  Examiners  of  Plumbers: 

438  For  personal  services  of  members  of 

the    board,    including    not   more 

than  three  permanent  positions  .  $1,100  00  $1,100  00 

439  For  travehng  expenses  .  .  .  1,500  00  1,500  00 


Totals $2,600  00  $2,600  00 

Board  of  Registration  of  Barbers: 

For  personal  services  of  members  of 
the  board  and  assistants,  includ- 
ing not  more  than  nine  perma- 
nent positions    ....  $18,470  00  $18,710  00 

For  travel  and  other  necessary  ex- 
penses         8,248  00  8,248  00 


Totals $26,718  00  $26,958  00 

Board  of  Registration  of  Hair- 
dressers: 

For  personal  services  of  members  of 
the  board  and  assistants,  includ- 
ing not  more  than  eighteen  per- 
manent positions         .  .  .  $21,200  00 

For  travel  and  other  necessary  ex- 
penses, including  rent  .  .  11,119  00  - 


Total $32,319  00 

Board    of    Registration    in    Chi- 
ropody: 
For  personal  services  of  members  of 

the    board,    including    not   more 

than  five  permanent  positions     .  $900  00  $900  00 

For  traveling  expenses  ...  300  00  300  00 


Totals $1,200  00  $1,200  00 


Service  of  the  Department  of  Industrial  Accidents. 

446  For  personal  services  of  members  of 

the    board,    including    not   more 

than  seven  permanent  positions  .  $42,500  00  $42,500  00 

447  For  personal  services  of  secretaries, 

medical  adviser,  inspectors,  clerks 
and  office  assistants,  including 
not  more  than  eighty-eight  per- 
manent positions         .  .  .  148,700  00  152,600  00 

448  For  expenses  of  impartial  examina- 

tions    19,000  00  19,000  00 


344  Acts,  1939.  —  Chap.  309. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

449  For  expenses  of  industrial  disease 

referees,  as  authorized  by  section 
nine  B  of  chapter  one  hundred 
and  fifty-two  of  the  General  Laws, 
inserted  by  chapter  four  hundred 
and  twenty-four  of  the  acts  of 
nineteen  hundred  and  thirty-five, 
and  as  amended  .  .  .  $4,500  00  $4,500  00 

450  For  traveling  expenses  .  .  .  8,000  00  8,000  00 

451  For  other  services,  printing  the  an- 

nual report,  necessary  office  sup- 
plies and  equipment  .  .  .  14,100  00  14,100  00 


Totals $236,800  00  $240,700  00 

Service  of  the  Department  of  Labor  and  Industries. 

452  For  the  salaries  of  the  commissioner, 

assistant  and  associate  commis- 
sioners, including  not  more  than 
five  permanent  positions      .  .  $23,500  00  $23,500  00 

453  For  clerical  and  other  assistance  to 

the  commissioner,  including  not 
more  than  four  permanent  posi- 
tions    7,760  00  7,840  00 

454  For  personal  services  for  the  inspec- 

tional  service,  including  not  more 
than  sixty-five  permanent  posi- 
tions, and  for  traveling  expenses 
of  the  commissioner,  assistant 
commissioner,  associate  commis- 
sioners and  inspectors  of  labor, 
and  for  services  other  than  per- 
sonal, printing  the  annual  report, 
rent  of  district  offices,  and  office 
supplies  and  equipment  for  the 
inspectional  service    .  .  .  172,945  00  176,865  00 

455  For   personal   services   for   the   di- 

vision of  occupational  hygiene, 
including  not  more  than  five  per- 
manent positions         .  .  .  12,460  00  12,920  00 

456  For   services   other  than   personal, 

traveling  expenses,  office  and 
laboratory  supplies  and  equip- 
ment, and  rent,  for  the  division 
of  occupational  hygiene      .  .  5,200  00  5,200  00 

457  For  personal  services  for  the  statis- 

tical service,  including  not  more 
than  thirty-five  permanent  posi- 
tions, and  for  services  other  than 
personal,  printing  report  and  pub- 
lications, traveling  expenses  and 
office  supplies  and  equipment  for 
the  statistical  service  .  .  75,000  00  75,000  00 

458  For  personal  services  for  the  division 

on  necessaries  of  life,  including 
not  more  than  five  permanent 
positions 9,850  00  9,900  00 

459  For  services  other  than   personal, 

traveling  expenses,  office  supplies 
and  equipment  for  the  division  on 
necessaries  of  life        .  .  .  1,325  00  1,325  00 

460  For  clerical  and  other  assistance  for 

the  board  of  conciliation  and  arbi- 


Acts,  1939.  —  Chap.  309.  345 

Appropriation  Appropriation 

Fiscal  Year  Fboal  Year 

Item                                                                                                  1939.  1940. 
tration,  including  not  more  than 

seven  permanent  positions             .             $22,000  00  $22,500  00 

461  For  other  ser\'ices,  printing,  travel- 

ing expenses  and  office  supplies 
and  equipment  for  the  board  of 
conciliation  and  arbitration  .  3,700  00  3,700  00 

462  For  personal  services  of  investiga- 

tors, clerks  and  stenographers  for 
the  minimum  wage  service,  in- 
cluding not  more  than  fourteen 
permanent  positions  .  .  .  22,080  00  24,090  00 

463  For  compensation  and  expenses  of 

wage  boards      ....  2,500  00  2,500  00 

464  For  services   other   than  personal, 

printing,  traveling  expenses  and 
office  supplies  and  equipment  for 
minimum  wage  service         .  .  3,300  00  3,300  00 

465  For  personal  services  for  the  di\'ision 

of  standards,  including  not  more 

than  sixteen  permanent  positions  33,400  00  34,050  00 

466  For  other  services,  printing,  travel- 

ing expenses  and  office  supplies 
and  equipment  for  the  division  of 
standards  ....  11,000  00  11,500  00 


Totals $406,020  00  $414,190  00 

Massachusetts  Development  and 
Industrial  Commission: 

467  For  personal  ser\aces  of  employees, 

including  not  more  than  four  per- 
manent employees      .  .  .  $6,675  00 

468  For    administrative    expenses,    in- 

cluding office  rent  and  other  in- 
cidental expenses,  and  for  the 
promotion  and  development  of 
the  industrial,  agricultural  and 
recreational  resources  of  the  com- 
monwealth, to  be  in  addition  to 
any  amount  heretofore  appro- 
priated for  the  purpose,  and  any 
unexpended  balance  remaining  at 
the  end  of  either  of  the  years 
nineteen  hundred  and  thirty-nine 
and  nineteen  hundred  and  forty 
may  be  used  in  the  succeeding 
year 63,750  00 


Total $70,425  00 

Labor  Relations  Commission: 

469  For  personal  services  of  the  commis- 

sioners and  employees,  including 
not  more  than  twenty  permanent 
positions $41,925  00 

470  For    administrative    expenses,    in- 

cluding office  rent       .  .  .  7,012  50 


Total $48,937  50 

Division  of  Unemployment  Com- 
pensation : 
471     For  clerical  and  other  personal  serv- 
ices for  the  operation  of  free  em- 


346  Acts,  1939.  —  Chap.  309. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

ployment    offices,    including   not 
more   than   fifty-two   permanent 

positions $84,140  00  $86,580  00 

472  For  rent,  necessary  office  supplies 
and  equipment  of  the  division  of 
unemployment  compensation       .  18,860  00  16,420  00 


Totals $103,000  00         $103,000  GO 

Service  of  the  Department  of  Mental  Health. 

473  For  the  salary  of  the  commissioner  .  $10,000  00  $10,000  00 

474  For  personal  services  of  officers  and 

employees,  including  not  more 
than  seventy-nine  permanent  po- 
sitions        169,000  00  176,000  00 

475  For  transportation  and  medical  ex- 

amination of  state  charges  under 
its  charge  for  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty  and  for 
previous  years  ....  6,000  00  6,000  00 

476  For  the  support  of  state  charges  in 

the  Hospital  Cottages  for  Chil- 
dren   24,000  00  26,000  00 

477  For  other  services,  including  print- 

ing the  annual  report,  traveling 
expenses,  office  supplies  and 
equipment,  and  rent  .  .  .  44,000  00  44,000  00 

Totals $253,000  00  $262,000  00 

Division  of  Mental  Hygiene: 

478  For  expenses,   including  not  more 

than  sixty-two  permanent  posi- 
tions, of  investigating  the  nature, 
causes  and  results  of  mental  dis- 
eases and  defects  and  the  publica- 
tion of  the  results  thereof,  and  of 
what  further  preventive  or  other 
measures  might  be  taken  and 
what  further  expenditures  for  in- 
vestigation might  be  made  which 
would  give  promise  of  decreasing 
the  number  of  persons  afflicted 
with  mental  diseases  or  defects; 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $103,200  00  $108,000  00 

Special : 

479  For  the   cost   of   boarding   certain 

feeble-minded  persons  in  private 

homes $3,000  00  $3,000  00 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
following  institutions  under  the 
control  of  the  Department  of 
Mental  Health: 

480  Boston   psychopathic   hospital,   in- 

cluding not  more  than  one  hun- 
dred and  fifty-six  permanent  posi- 
tions   $254,850  00  $257,800  00 


Acts,  1939.  —  Chap.  309.  347 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

481  Boston  state  hospital,  including  not 

more    than    seven    hundred    and 

thirty-eight  permanent  positions  .       $1,167,030  00       $1,183,480  00 

481a  For  renewing  and  renovating  cer- 
tain plumbing  and  sanitary  ar- 
rangements at  the  Boston  state 
hospital,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  7,500  00  - 

481b  For  replacing  certain  steam  lines  at 
the  Boston  state  hospital  and  for 
expenses  incidental  thereto  .  60,000  00  — 

482  Danvers   state    hospital,    including 

not  more  than  five  hundred  and 

fifty  permanent  positions    .  .  965,240  00         1,007,090  GO 

482a 
482b 

483  Foxborough  state  hospital,  includ- 

ing not  more  than  three  hundred 

and  thirty-two  permanent  posi- 
tions          599,000  00  615,460  GO 

483a  (This  item  omitted.) 

483b  For    completing    and    equipping    a 

certain  hydrotherapeutic  suite  at 

the  Foxborough  state  hospital,  to 

be   in    addition   to    any   amount 

heretofore   appropriated   for   the 

purpose 7,500  00 

484  Gardner    state    hospital,    including 

not  more  than  three  hundred  and 

thirty-four  permanent  positions  .  617,560  00  625,942  GO 

484a 
484b 

Item  494  of  section  two  of  chapter 

three    hundred    and    fifty-six    of 

the  acts  of  nineteen  hundred  and 

thirty-eight   is   hereby    amended 

by  striking  out  the  words  "in  cer- 
tain cottages". 

485  Grafton    state    hospital,    including 

not  more  than  four  hundred  and 
seventy-three  permanent  posi- 
tions          713,690  00  789,040  GO 

485a  For  additional  sewer  beds  and  drain- 
age at  the  Grafton  state  hospital  .  27,200  00 

485b  For  furnishings  for  ward  building 
and  dining  service  building  at  the 
Grafton  state  hospital,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  12,000  00  - 

485c 

485d  For  the  cost  of  plumbing  to  com- 
plete the  hydrotherapeutic  suite 
at  the  Grafton  state  hospital,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  3,000  00 

485e 

486  Medfield   state   hospital,   including 

not  more  than  four  hundred  and 
seventy-seven  permanent  posi- 
tions   743,540  00  774,670  00 


348  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                             1939.  1940. 

487  Metropolitan  state  hospital,  includ- 

ing not  more  than  four  hundred 

and  fifteen  permanent  positions  .  $780,900  00  $791,580  00 

488  Northampton  state  hospital,  includ- 

ing not  more  than  four  hundred 
and  seventy-four  permanent  posi- 
tions   784.970  00  807,020  00 

488a 

488b 

489  Taunton   state   hospital,   including 

not  more  than  four  hundred  and 

seventy-one  permanent  positions  710,135  00  740,285  00 

489a 
489b  For  the  extension  of  steam  lines  at 

the  Taunton  state  hospital  .  -  7,500  00 

489c 
489cc 
489d 

490  Westborough  state  hospital,  includ- 

ing not  more  than  four  hundred 
and  twenty-four  permanent  posi- 
tions   690,100  00  707,660  00 

490a  (This  item  omitted.) 

490b 

490c 

491  Worcester  state  hospital,  including 

not  more  than  six  hundred  and 

thirty-two  permanent  positions    .         1,104,420  00         1,112,100  00 

491a  For  the  renovation  of  certain  plumb- 
ing at  the  Worcester  state  hos- 
pital, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  5,000  00 

491b  For  renovation  of  plumbing  in  em- 
ployees' building  at  the  Worcester 
state  hospital,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .  3,500  00 

491c 

491cc 

491d 

491e 

492  Monson    state    hospital,    including 

not  more  than  four  hundred  and 

nineteen  permanent  positions       .  720,386  00  715,936  00 

492a 

492b 

492c  (This  item  omitted.) 

492d  For  improved  fire  protection  at  the 
Monson  state  hospital,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  600  00  - 

493  Belchertown  state  school,  including 

not  more  than  two  hundred  and 

ninety-eight  permanent  positions  536,070  00  541,370  00 

494  Walter  E.  Fernald  state  school,  in- 

cluding not  more  than  four  hun- 
dred and  sixty-five  permanent 
positions 769,980  00  794,310  00 

494a 

494b  For  the  purchase  and  installation  of 
certain  equipment  for  the  power 
house  at  the  Walter  E.  Fernald 
state  school        ....  22,000  00 


Acts,  1939.  —  Chap.  309. 


349 


Item 

495  Wrentham  state  school,  including 
not  more  than  four  hundred  and 
five  permanent  positions 

495a  For  improvements  in  the  power 
plant  at  the  Wrentham  state 
school        ..... 

Totals 


Appropriation 
Fiscal  Year 


$675,800  00    $682,600  00 


63,500  00 


$11,982,031  00     $12,217,343  00 


Service  of  the  Department  of  Correction. 


496  For  the  salary  of  the  commissioner  . 

497  For  personal  services  of  deputies, 

members  of  the  parole  board  and 
advisory  board  of  pardons,  agents, 
clerks  and  stenographers,  includ- 
ing not  more  than  fifty-nine  per- 
manent positions 

498  For  services  other  than  personal,  in- 

cluding printing  the  annual  re- 
port, necessary  office  supplies  and 
equipment  .  .  .  . 

499  For  travehng  expenses  of  officers  and 

employees  of  the  department, 
when  required  to  travel  in  the  dis- 
charge of  their  duties 

500  For  the  removal  of  prisoners,  to  and 

from  state  institutions 

501  For  assistance  to  discharged  pris- 

oners        .  .  .  .  . 

502  For  the  expense  of  the  service  of  the 

central  index     ,  .  .  . 

Totals 


$6,000  00 


16,000  00 

7,700  00 

800  00 

1,000  00 


$6,000  00 


133,950  00 

8,500  00 

15,400  00 
7,700  00 
800  00 
1,000  00 
$171,650  00  $173,350  00 


Division  of  Classification  of  Pris- 
oners: 
For  expenses  of  the  division  hereby 
authorized,  including  not  more 
than  eight  permanent  positions; 
provided,  that  the  persons  em- 
ployed hereunder  shall  not  be  sub- 
ject to  civil  service  laws  or  the 
rules  and  regulations  made  there- 
under       ..... 


$22,800  00 


$23,400  00 


For  the  maintenance  of  and  for 
certain  improvements  at  the 
following  institutions  under  the 
control  of  the  Department  of 
Correction: 

504  State  farm,  including  not  more  than 

three   hundred    and   seventy-one 

permanent  positions  . 
504a  (This  item  omitted.) 
504b  (This  item  omitted.) 
504c  (This  item  omitted.) 
504d 

505  State    prison,    including   not   more 

than  one  hundred  and  forty  per- 
manent positions 


$830,040  00  $841,390  00 


487,050  00 


485.250  00 


350  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                           1939.  1940. 

506  Massachusetts  reformatory,  includ- 

ing not  more  than  one  hundred 
and  sixty-four  permanent  posi- 
tions   $582,950  00  $584,450  00 

506a 

507  Reformatory  for  women,  including 

not  more  than  one  hundred  and 

two  permanent  positions     .  .  253,120  00  249,670  00 

607a 
507b 
507c 
507d 

508  State  prison  colony,  including  not 

more  than  one  hundred  and  sev- 
enty-three permanent  positions  .  512,600  00  528,850  00 
508a  (This  item  omitted.) 


Totals $2,665,760  00       $2,689,610  00 

Service  of  the  Department  of  Public  Welfare. 

Administration: 

509  For  the  salary  of  the  commissioner  .  $7,000  00  $7,000  00 

510  For  personal  services  of  officers  and 

employees,  including  not  more 
than  twenty-eight  permanent  po- 
sitions        51,900  00  51.700  00 

511  For  services   other   than   personal, 

printing  the  annual  report,  travel- 
ing expenses,  including  expenses 
of  auxihary  visitors,  office  sup- 
plies and  expenses      .  .  .  6,000  00  6,000  00 


Totals $64,900  00  $64,700  00 

State  Board  of  Housing: 

512  For  personal  services,  including  not 

more  than  nine  permanent  em- 
ployees       $19,800  00  $19,850  00 

513  For  expenses,  as  authorized  by  sec- 

tion eighteen  of  chapter  eighteen 
of  the  General  Laws,  inserted  by 
section  one  of  chapter  three  hun- 
dred and  sixty-four  of  the  acts 
of  nineteen  hundred  and  thirty- 
three,  as  amended      .  .  8,000  00  7.500  00 


Totals $27,800  00  $27,350  00 

Division  of  Aid  and  Relief: 
For  personal  services  of  officers  and 

employees,    including    not    more 

than  one  hundred   and  thirteen 

permanent  positions;  and  the  em- 
ployment of  persons   authorized 

under  Item  I  of  section  two  of 

chapter  sixty-nine  of  the  acts  of 

nineteen  hundred  and  thirty-two 

may  be  continued,  and  shall  not 

be  subject  to  the  civil  service  laws 

or  the  rules  and  regulations  made 

thereunder         ....  $237,720  00  $254,520  00 

For  services  other  than  personal,  in- 
cluding   traveling    expenses    and 

office  supplies  and  equipment      .  34,700  00  35,300  00 


Acts,  1939.  —  Chap.  309.  351 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

The  following  items  are  for  reim- 
bursement of  eities  and  towns 
for  expenses  of  the  years  nine- 
teen hundred  and  thirty-nine 
and  nineteen  hundred  and  forty 
and  of  previous  yeai's,  and  are 
to  be  in  addition  to  any  unex- 
pended balances  of  appropria- 
tions heretofore  made  for  the 
purpose: 
For  the  payment  of  suitable  aid  to 

certain  dependent  children  .  .       $1,930,000  00       $2,365,000  00 

For  the  burial  by  cities  and  towns  of 
indigent    persons    who    have    no 

legal  settlement  .  .  .  15,000  00  11,000  00 

For  expenses  in  connection  with 
smallpox  and  other  diseases  dan- 
gerous to  the  public  health  .  .  210,000  00  210,000  00 
For  the  support  of  sick  indigent  per- 
sons who  have  no  legal  settlement  335,000  00  325,000  00 
For  temporary  aid  given  to  indigent 
persons  with  no  legal  settlement, 
and  to  shipwrecked  seamen  by 
cities  and  towns,  and  for  the  trans- 
portation of  indigent  persons  un- 
der the  charge  of  the  department         5,000,000  00         4,250,000  00 

Old  Age  Assistance: 
For    reimbursement    of    cities    and 

towns  for  old  age  assistance  for 

the  years  nineteen  hundred  and 

thirty-nine  and  nineteen  hundred 

and  forty  and  for  previous  years, 

to  be  in  addition  to  other  state 

revenue  specified  by  law  for  said 

purpose 2,600,000  00         4,000,000  00 

For  personal  ser\ices  required  for 

the  administration  of  old  age  as- 
sistance provided  by  chapter  one 

hundred  and  eighteen  A  of  the 

General   Laws,   as  amended,  in- 
cluding not  more  than  sixty-one 

permanent  positions  .  .  .  104,630  00  112,000  00 

For  other  expenses,  including  rent, 

travel,  office  supplies  and  other 

necessary  expenses,  required  for 

the  administration  of  old  age  as- 
sistance provided  by  said  chapter 

one  hundred  and  eighteen  A,  as 

amended 19,500  00  20,000  00 


Totals $10,486,550  00    $11,582,820  00 

Division  of  Child  Guardianship: 
For  personal  services  of  officers  and 

employees,    including    not    more 

than  one  hundred  and  eighteen 

permanent  positions  .  .  .  $227,600  00  $232,000  00 

For   services   other  than   personal, 

office  supplies  and  equipment       .  5,000  00  5,000  00 

For  tuition  in   the   public   schools, 

including  transportation  to  and 

from  school,  of  children  boarded 


352  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

by  the  department,  for  the  years 

.  nineteen  hundred  and  thirty-nine 

and  nineteen  hundred  and  forty 

and  for  previous  years         .  .  $358,000  00  $332,000  00 

527  For  the  care  and  maintenance  of 
children,  for  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty  and  for 
previous  years,  including  not  more 
than  two  permanent  positions      .         1,598,000  00         1,585,000  00 


Totals $2,188,600  00       $2,154,000  00 

Division  of  Juvenile  Training, 
Trustees  of  Massachusetts 
Training    Schools : 

528  For  services  of  the  secretary  and 

certain  other  persons  employed  in 
the  executive  ofSce,  including  not 
more  than  nine  permanent  posi- 
tions   $15,900  00  $16,300  00 

529  For  services  other  than  personal,  in- 

cluding printing  the  annual  re- 
port, traveling  and  other  expenses 
of  the  members  of  the  board  and 
employees,  office  supplies  and 
equipment  ....  2,600  00  2,600  00 

Boys'  Parole: 

530  For  personal  services  of  agents  in 

the  division  for  boys  paroled  and 
boarded  in  families,  including  not 
more  than  twenty-two  permanent 
positions 48,570  00  49,110  00 

531  For  services  other  than  personal,  in- 

cluding traveling  expenses  of  the 
agents  and  boys,  and  necessary 
office  supplies  and  equipment      .  23,000  00  23,000  00 

532  For    board,    clothing,    medical    and 

other  expenses  incidental  to  the 

care  of  boys       ....  27,000  00  27,000  00 

Girls'  Parole: 

533  For  personal  services  of  agents  in 

the  division  for  girls  paroled  from 
the  industrial  school  for  girls,  in- 
cluding not  more  than  eighteen 
permanent  positions  .  .  .  36,030  00  36,330  00 

534  For  traveling  expenses  of  said  agents 

for  girls  paroled,  for  board,  medi- 
cal and  other  care  of  girls,  and  for 
services  other  than  personal,  office 
supplies  and  equipment       .  .  20,500  00  20,500  00 

Tuition  of  children: 

535  For    reimbursement    of    cities    and 

towns  for  ttiition  of  children  at- 
tending the  public  schools  .  .  8,500  00  8,500  00 


Totals $182,100  00  $183,340  00 


Acts,  1939.  —  Chap.  309.  353 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

For  the  maintenance  of  and  for 
certain  improvements  at  the  in- 
stitutions under  the  control  of 
the  trustees  of  the  Massachu- 
setts training  schools,  with  the 
approval  of  said  trustees,  as 
follows: 

536  Industrial  school  for  boys,  including 

not  more  than  one  hundred  and 

two  permanent  positions     .  .  $199,900  00  $201,850  00 

The  unexpended  balance  of  the  ap- 
propriation authorized  by  item 
584  of  section  two  of  chapter  two 
hundred  and  thirty-four  of  the 
acts  of  nineteen  hundred  and 
thirty-seven  for  the  purchase  of 
two  parcels  of  land  for  the  in- 
dustrial school  for  boys  is  hereby 
reappropriated  for  the  purchase 
of  land  for  said  school. 

537  Industrial  school  for  girls,  including 

not  more  than  ninety  permanent 

positions 153,450  00  157,650  00 

537a 

538  Lyman   school  for  boys,   including 

not  more  than  one  hundred  and 

forty-four  permanent  positions    .  298,100  00  297,100  00 

538a  (Tills  item  omitted.) 
538b 


539a 


Totals $651,450  00  $656,600  00 

Massachusetts  Hospital  School: 
For  the  maintenance  of  the  Massa- 
chusetts hospital  school,  includ- 
ing not  more  than  one  hundred 
and  fifty-two  permanent  positions 
in  the  year  nineteen  hundred  and 
thirty-nine  and  one  hundred  and 
fifty-three  permanent  positions 
in  the  year  nineteen  hundred  and 
forty,  to  be  expended  with  the  ap- 
proval of  the  trustees  thereof       .  $237,890  00  $236,840  00 


Totals $237,890  00  $236,840  00 


State  Infirmary: 

540  For  the  maintenance  of  the  state  in- 
firmary, including  not  more  than 
six  hundred  and  eighty-five  per- 
manent positions,  to  be  expended 
with  the  approval  of  the  trustees 
thereof $1,339,785  00       $1,350,485  00 

540a  (This  item  omitted.) 

540b 


Totals $1,339,785  00   $1,350,485  00 


354  Acts,  1939.  —  Chap.  309. 


Appropriation 

Fiscal  Year 

1940. 


Service  of  the  Derartment  of  Public  Health. 

Administration: 

541  For  the  salary  of  the  commissioner  .  $7,310  00  $7,500  OU 

542  For  personal  services  of  the  health 

council  and  office  assistants,  in- 
cluding not  more  than  twenty  per- 
manent positions 

543  For  services  other  than   personal, 

including  printing  the  annual 
report,  traveling  expenses,  office 
supplies  and  equipment 


20.800  00  21.400  00 


9,000  00  9,000  00 


Service  of  Adult  Hygiene  (cancer) : 

544  For  personal  services  of  the  division, 

including  not  more  than  twenty-  ,o  Arr>  t^n 

four  permanent  positions    .          .  46,850  00              48,450  00 

545  For  other  expenses  of  the  division,  ,„  ,^^  ^„              .q  rnn  nn 

including  cancer  clinics        .           .  48,100  00              49,500  00 

Service   of   Child   and    Maternal 
Hygiene: 

546  For  personal  services  of  the  director 

and  assistants,  including  not  more 

than  thirty-two  permanent  posi-  ^^^^^^  ^^  ^^^^^^  ^^ 

547  For  services   other  than   personal, 

^tS^Zr-  •""''  ""''"'.  23.000  00  23,000  00 

Division  of  Communicable   Dis- 
eases: 

548  For  personal  services  of  the  director, 

district  health  officers  and  their 
assistants,  epidemiologists,  bac- 
teriologist and  assistants  in  the 
diagnostic  laboratory,  including 
not  more  than  thirty  permanent 
positions   .  .  •  •  • 

549  For   services   other  than   personal, 

traveling  expenses,  laboratory,  of- 
fice and  other  necessary  supplies, 
including  the  purchase  of  animals 

Lt  lSr\  '"'  .""'  °'  "':  .4.^00  00  14,500  00 


76,500  00  77,500  00 


Venereal  Diseases: 

550  For  personal  services  for  the  control 

of  venereal  diseases,  including  not 
more  than  eight  permanent  posi- 
tions .  .  •  ■  • 

551  For  services  other   than  personal, 

travehng  expenses,  office  supplies 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose 

Wassermann  Laboratory: 

552  For  personal  services  of  the  Wasser- 

mann laboratory,  including  not 
more  than  thirteen  permanent 
positions  .  .  •  •  • 

'''  ""TaboTtoS'  "'   .'"'  '^'""™'"':       6,200  00       6.300  00 


16,440  00      17,250  00 


250,000  00     250,000  00 


19,300  00      19,650  00 


Acts,  1939.  —  Chap.  309.  355 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Antitoxin    and    Vaccine   Labora- 
tories: 

554  For  personal  services  in  the  investi- 

gation and  production  of  antitoxin 
and  vaccine  lymph  and  other 
specific  material  for  protective 
inoculation  and  diagnosis  of  treat- 
ment, including  not  more  than 
forty-seven  permanent  positions  .  $79,300  00  $81,700  00 

555  For  other  services,  supplies,  mate- 

rials and  equipment  necessary  for 
the  production  of  antitoxin  and 
other  materials  as  enumerated 
above 34,500  00  34,500  00 

Inspection  of  Food  and  Drugs: 

556  For  personal  services  of  the  director, 

analysts,  inspectors  and  other  as- 
sistants, including  not  more  than 
thirty  permanent  positions  .  64,500  00  66,330  00 

557  For  other  ser^^ces,  including  travel- 

ing expenses,  supplies,  materials 

and  equipment  .  .  .  13,250  00  12,500  00 

Shellfish  Enforcement  Law: 

558  For  personal  services  for  administer- 

ing the  law  relative  to  shellfish,  in- 
cluding not  more  than  one  per- 
manent position  .  .  .  2,400  00  2,400  00 

559  For  other  expen.ses  for  administering 

the  law  relative  to  shellfish  .  .  870  00  870  00 

Water   Supply   and    Disposal   of 
Sewage : 

560  For  personal  ser^-ices  of  directors, 

engineers,  chemists,  clerks  and 
other  assistants  in  the  division  of 
engineering  and  the  division  of 
laboratories,  including  not  more 
than  fifty  permanent  positions     .  129,500  00  132,000  00 

561  For  other  ser\-ices,  including  travel- 

ing expenses,  supplies,  materials 
and  equipment,  for  the  division  of 
engineering  and  the  division  of 
laboratories        ....  24,400  00  24,400  00 

Service  for  Chronic  Rheumatism: 

562  For  expenses  of  hospitalization   of 

certain  patients  suffering  from 
chronic  rheumatism,  as  authorized 
by  section  one  hundred  and  six- 
teen A  of  chapter  one  hundred 
and  eleven  of  the  General  Laws, 
inserted  by  chapter  three  hundred 
and  ninety-three  of  the  acts  of 
nineteen  hundred  and  thirty- 
seven,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  34,000  00  34,000  00 


Totals $983,720  00  $996,750  OQ 


356  Acts,  1939.  —  Chap.  309. 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Division  of  Tuberculosis: 

563  For  personal  services  of  the  director, 

stenographers,  clerks  and  other 
assistants,  including  not  more 
than  eighteen  permanent  posi- 
tions   $41,050  00  $41,670  00 

564  For  services  other  than  personal,  in- 

cluding printing  the  annual  re- 
port, traveling  expenses  and  office 
supplies  and  equipment       .  .  4,000  00  3,900  00 

565  To  cover  the  payment  of  certain  sub- 

sidies for  the  maintenance  of  hos- 
pitals for  tubercular  patients        .  482,000  00  490,000  00 

566  For  personal  services  for  certain  chil- 

dren's clinics  for  tuberculosis,  in- 
cluding not  more  than  seventeen 
permanent  positions  .  .  37,140  00  37,920  00 

567  For  other  services  for  certain  chil- 

dren's clinics  for  tuberculosis       .  14,800  00  14,500  00 


Totals $578,990  00  $587,990  GO 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
sanatoria,  as  follows: 

568  Lakeville  state  sanatorium,  includ- 

ing not  more  than  two  hundred 
and  twenty-three  permanent  posi- 
tions   $341,300  00  $342,600  00 

568a 

568b 

569  North  Reading  state  sanatorium,  in- 

cluding not  more  than  one  hun- 
dred  and   eighty-five   permanent 

positions 275,800  00  277,100  00 

569a 

570  Rutland  state  sanatorium,  including 

not  more  than  two  hundred  and 

forty  permanent  positions  .  .  376,690  00  380.050  00 

570a 

571  Westfield  state  sanatorium,  includ- 

ing not  more  than  two  hundred 
and  ninety-one  permanent  posi- 
tions   429,350  00  432,250  00 


Totals $1,423,140  00       $1,432,000  00 

Pondville  Hospital: 

572  For  maintenance  of  the  Pondville 
hospital,  including  care  of  radium, 
and  including  not  more  than  two 
hundred  and  twenty-one  perma- 
nent positions    ....  $353,250  00  $357,550  00 

572a 

572b  (This  item  omitted.) 

572c 

572cc 

572d  (This  item  omitted.) 

572e 


Totals $353,250  00  $357,550  00 


Acts,  1939.  —  Chap.  309.  357 


Appropriation  Appropriation 

Fiscal  Year  Fisnal  Year 


1940. 


Service  of  the  Department  of  Public  Safety. 


Administration : 

573  For  the  salary  of  the  commissioner  .  S6,000  00  $6,000  00 

574  For  personal  services  of  clerks  and 

stenographers,  including  not  more 
than  sixty-seven  permanent  posi- 
tions   101,500  00  103,000  00 

575  For  contingent  expenses,  including 

printing  the  annual  report,  rent  of 
district  offices,  suppUes  and  equip- 
ment, and  all  other  things  neces- 
sary for  the  investigation  of  fires 
and  motion  picture  licenses,  as  re- 
quired by  law,  and  for  expenses  of 
administering  the  law  regulating 
the  sale  and  resale  of  tickets  to 
theatres  and  other  places  of  pub- 
lic amusement  by  the  department 
of  pubHc  safety  .  .  .  62,485  00  63.720  00 

Di\asion  of  State  Police: 

576  For  the  salaries  of  oflScers  and  detec- 

tives, including  not  more  than 
three  hundred  and  nineteen  per- 
manent positions,  a  sum  not  ex- 
ceeding five  hundred  and  ninety- 
nine  thousand  dollars  in  the  year 
nineteen  hundred  and  thirty-nine, 
of  which  sum  not  more  than  two 
hundred  forty-eight  thousand  one 
hundred  and  sixty  dollars  may  be 
charged  to  the  Highway  Fund, 
and  a  sum  not  exceeding  six  hun- 
dred and  eighteen  thousand  dol- 
lars in  the  year  nineteen  hundred 
and  forty,  of  which  sum  not  more 
than  two  hundred  sixty-two  thou- 
sand two  hundred  and  sixty  dol- 
lars may  be  charged  to  the  High- 
way Fund  ....  599.000  00  618,000  00 

577  For  personal  services  of  ci\'ilian  em- 

ployees, including  not  more  than 
one  hundred  and  six  permanent 
positions 121,000  00  124,000  00 

578  For   other    necessary    expenses    of 

the  uniformed  division,  including 
traveling  expenses  of  detectives, 
a  sum  not  exceeding  four  hundred 
and  eighteen  thousand  dollars  in 
the  year  nineteen  hundred  and 
thirty-nine,  of  which  sum  not 
more  than  two  hundred  thirty- 
one  thousand  eight  hundred  and 
forty  dollars  may  be  charged  to 
the  Highway  Fund,  and  a  sum 
not  exceeding  four  hundred  twelve 
thousand  three  hundred  dollars  in 
the  year  nineteen  hundred  and 
forty,  of  which  sum  not  more  than 
two  hundred  thirty-eight  thou- 
sand nine  hundred  and  ninety 
dollars  may  be  charged  to  the 
Highway  Fund  .  .  .  418,000  00  412,300  00 


358  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

579  For  expert  assistance  to  the  com- 

missioner and  for  maintenance  of 
laboratories,  including  not  more 
than  four  permanent  positions     .  $14,930  00  $15,770  00 

Division  of  Inspection: 

580  For  the  salary  of  the  chief  of  in- 

spections    4,000  00  4,000  00 

581  For  the  salaries  of  officers  for  the 

building  inspection  service,  in- 
cluding not  more  than  twenty- 
one  permanent  positions      .  .  54,900  00  55,440  00 

582  For  traveling  expenses  of  officers  for 

the  building  inspection  service     .  11,400  00  11,400  00 

583  For  the  salaries  of  officers  for  the 

boiler  inspection  service,  includ- 
ing not  more  than  twenty-six  per- 
manent positions         .  .  .  68,580  00  68,640  00 

584  For  traveling  expenses  of  officers  for 

the  boiler  inspection  service  .  12,825  00  12,825  00 

585  For   services,    supplies    and   equip- 

ment necessary  for  investigations 

and  inspections  by  the  division    .  800  00  800  00 

Board  of  Boiler  Rules: 

586  For  personal  services  of  members  of 

the    board,    including   not    more 

than  four  permanent  positions      .  1,000  00  1,000  00 

587  For  services  other  than  personal  and 

the  necessary  traveling  expenses 

of  the  board       ....  400  00  400  00 


Totals $1,476,820  00       $1,497,295  00 

Fire  Prevention  Service: 

588  For  the  salary  of  the  state  fire  mar- 

shal   $4,000  00  $4,000  00 

589  For  personal   services   of   fire   and 

other  inspectors,  including  not 
more  than  nineteen  permanent 
positions 53,550  00  54,120  00 

590  For  traveling  expenses  of  fire  and 

other  inspectors  .  .  .  12,350  00  12,350  00 

591  For  other  services,  office  rent  and 

necessary     office     supplies     and 

equipment  ....  2,750  00  2,750  00 


Totals  ....  $72,650  00  $73,220  00 

State  Boxing  Commission: 

For  compensation  and  clerical  as- 
sistance for  the  state  boxing  com- 
mission, including  not  more  than 
five  permanent  positions     .  .  $10,200  00  $10,320  00 

For  other  expenses  of  the  commis- 
sion    7,000  00  7,000  00 


Totals $17,200  00  $17,320  00 


Acts,  1939.  —  Chap.  309.  359 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

Service  of  the  Department  of  Public  Works. 

The  appropriations  made  in  the 

following  four  items  are  to  be 

paid   three   quarters  from   the 

Highway  Fund  and  one  quarter 

from  Port  of  Boston  receipts: 

For  the  salaries  of  the  commissioner 

and  the  associate  commissioners, 

including   not   more    than   three 

permanent  positions  .           .           .  $19,500  00  $19,500  00 
For  personal  services  of  clerks  and 
assistants  to  the  commissioner,  in- 
cluding not  more  than  five  per- 
manent positions         .          .          .                9,100  00  9,100  00 
For  traveling  expenses  of  the  com- 
missioners          ....                1,500  00  1,500  00 
For  telephone  serv-ice  in  the  public 
works     building,     including    not 
more    than    six    permanent  posi- 
tions           28.000  00              26.000  00 


Totals $58,100  00  $56,100  00 

Functions  of  the  department  re- 
lating to  highways  (the  follow- 
ing appropriations,  except  as 
otherwise  provided,  are  made 
from  the  Highway  Fund) : 

598  For  personal  services  for  the  main- 

tenance and  operation  of  the  pub- 
lic works  building,  including  not 
more  than  sixty-six  permanent 
positions $83,500  00  $84,500  00 

599  For  other  expenses  for  the  mainte- 

nance and  operation  of  the  public 

works  building  ....  50,000  00  50,000  00 

600  For  the  salaries  of  guards  for  the 

public  works  building,  including 
expense  of  uniforms,  and  includ- 
ing not  more  than  seventeen  per- 
manent positions         .  .  .  31.860  00  32,080  00 

601  For  personal  services  of  the   chief 

engineer,  engineers  and  office  as- 
sistants, including  certain  clerks 
and  stenographers,  and  including 
not  more  than  forty-seven  per- 
manent positions         .  .  .  102.200  00  104,880  00 

602  For  services  other  than  personal,  in- 

cluding printing  pamphlet  of  laws 
and  the  annual  report,  and  neces- 
sary oSice  supplies  and  equip- 
ment, and  for  the  expense  of  mem- 
bership of  the  department  in  the 
American  Association  of  State 
Highway  Officials  .  .  15,200  00  15,200  00 

603  For  the  suppression  of  gypsy  and 

brown  tail  moths  on  state  high- 
ways    10,000  00  10,000  00 

604  For  administering  the  law  relative 

to  advertising  signs  near  high- 
ways, including  not  more  than 
seven  permanent  positions,  to  be 
paid  from  the  General  Fund        .  22.000  00  22.000  00 


360  Acts,  1939. —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

605  For  expenses  of  a  topographical  and 

geological  survey  and  map,  and 
for  continuing  the  work  in  gaug- 
ing the  flow  of  water  in  the 
streams  of  the  commonwealth,  to 
be  in  addition  to  funds  received 
from  federal  appropriations  or 
private  subscriptions,  and  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  $50,000  00  $50,000  00 

606  For  the  construction  and  repair  of 

town  and  county  ways,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose         1,000,000  00         1,000,000  00 

607  For  aiding  towns  in  the  repair  and 

improvement  of  public  ways,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 1,475,000  00         1,475,000  00 

608  For  the  maintenance  and  repair  of 

state  highways,  including  care  of 
snow  on  highways  and  expenses 
of  traffic  signs  and  lights,  for  pay- 
ment of  damages  caused  by  de- 
fects in  state  highways,  with  the 
approval  of  the  attorney  general, 
for  care  and  repair  of  road-build- 
ing machinery,  and  for  the  main- 
tenance of  a  nursery  for  roadside 
planting,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .         3,600,000  00         3,500,000  00 

609  For  the  purpose  of  enabhng  the  de- 

partment of  public  works  to  secure 
federal  aid  for  the  construction 
and  reconstruction  of  highways, 
including  bridges,  to  be  in  addi- 
tion  to    any    amount   heretofore 

appropriated  for  the  purpose      .  800,000  00  300,000  00 

609a  For  certain  expenses  in  connection 
with  a  geodetic  and  coastal  sur- 
vey, the  amounts  to  be  expended 
in  co-operation  with  any  funds 
made  available  by  the  federal 
government  for  the  same  purpose  50,000  00  50,000  00 

Registration  of  Motor  Vehicles: 

610  For  personal  services,  including  not 

more  than  six  hundred  and  forty- 
five  permanent  positions,  and  in- 
cluding the  sum  of  twenty  thou- 
sand dollars  which  may  be 
charged  in  each  year  to  the  Gen- 
eral Fund,  the  remainder  to  be 
paid  from  the  Highway  Fund       .  1,140,000  00         1.154,000  00 

611  For  services  other  than  personal,  in- 

cluding traveling  expenses,  pur- 
chase of  necessary  supplies  and 
materials,  including  cartage  and 
storage  of  the  same,  and  for  work 
incidental  to  the  registration  and 
licensing  of  owners  and  operators 
of  motor  veliicles,  to  be  paid  from 
the  ffighway  Fund     .  .  .  502.000  00  506,000  00 


Acts,  1939. —  Chap.  309.  361 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

612  For  printing  and  other  expenses  nec- 

essary in  connection  with  pub- 
licity for  certain  safety  work,  to 
be  paid  from  the  Highway  Fund  .  $1,000  00  $1,000  00 

Totals $8,932,760  00       $8,354,660  00 

Section  four  of  chapter  four  hun- 
dred and  twenty-nine  of  the  acts 
of  nineteen  hundred  and  thirty- 
six,  as  appearing  in  section  three 
of  chapter  four  hundred  and 
ninety-seven  of  the  acts  of  nine- 
teen hundred  and  thirty-eight, 
relative  to  the  repair  or  recon- 
struction of  certain  bridges  dam- 
aged by  recent  floods,  is  hereby 
amended  by  striking  out,  in  the 
third  line,  the  word  "thirty-nine" 
and  inserting  in  place  thereof  the 
word:  —  forty-one. 

Section  eight  of  said  chapter  four 
hundred  and  twenty-nine,  as  so 
appearing,  is  hereby  amended  by 
striking  out,  in  the  fourth  line,  the 
word  "thirty-nine"  and  inserting 
in  place  thereof  the  word :  — 
forty-one. 

Functions  of  the  department  re- 
lating to  waterways  and  public 
lands: 

613  For  personal  services  of  the  director, 

chief  engineer  and  assistants,  in- 
cluding not  more  than  sixty-four 
permanent  positions  .  .  .  $60,000  00  $61,000  00 

614  For  services  other  than  personal,  in- 

cluding printing  pamphlet  of  laws 
and  the  annual  report,  and  for 
necessary  office  and  engineering 
supplies  and  equipment      .  .  1,700  00  1,700  GO 

615  For  the  care  and  maintenance  of  the 

province  lands  and  of  the  lands 
acquired  and  structures  erected 
by  the  Provincetown  tercente- 
nary commission,  including  not 
more  than  one  permanent  posi- 
tion    7,000  00  7,000  00 

616  For  the  maintenance  of  structures, 

and  for  repairing  damages  along 
the  coast  line  or  river  banks  of  the 
commonwealth,  and  for  the  re- 
moval of  wrecks  and  other  ob- 
structions from  tide  waters  and 
great  ponds        ....  18,000  00  18,000  00 

617  For  the  improvement,  development, 

maintenance  and  protection  of 
rivers  and  harbors,  tide  waters 
and  foreshores  -svithin  the  com- 
monwealth, as  authorized  by  sec- 
tion eleven  of  chapter  ninety-one 
of  the  General  Laws,  as  appear- 
ing in  the  Tercentenary  Edition 


362  Acts,  1939.  —  Chap.  309. 


Appropriation 

Fiscal  Year 

1940. 


thereof,  and  of  great  ponds,  and 
any  unexpended  balance  of  the 


700  00 


appropriation  remaining  at  the 
end  of  either  of  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty  may  be 
expended  in  the  succeeding  year 
for  the  same  purposes;  provided, 
that  all  expenditures  shall  be  upon 
condition  that  at  least  fifty  per 
cent  of  the  cost  is  covered  by  con- 
tributions from  municipalities  or 
other  organizations  and  individ- 
uals, except  that  in  the  case  of 
dredging  channels  for  harbor  im- 
provements at  least  twenty-five 
ner  cent  of  the  cost  shall  be  so 
covered $100,000  00  $100,000  00 

618  For  re-establishing  and  permanently 

marking  certain  triangulation 
points  and  stations,  as  required 
by  order  of  the  land  court  in  ac- 
cordance with  section  thirty-three 
of  chapter  ninety-one  of  the  Gen- 
eral Laws,  as  appearing  in  the  Ter- 
centenary Edition  thereof  .  .  1.000  00  1,000  00 

619  For  expenses  of  surveying  certain 

town  boundaries,  by  the  depart- 
ment of  public  works 

620  For  the  operation  and  maintenance 

of  the  New  Bedford  state  pier,  in- 
cluding not  more  than  one  per- 
manent position 

621  For  the  compensation  of  dumping 

inspectors  .  .  .  • 

622  For  the  maintenance  and  repair  of 

certain  property  in  the  town  of 

Plymouth  ....  3,500  00  3,500  00 

623  For  the  operation  and  maintenance 

of  the  Cape  Cod  Canal  pier,  in- 
cluding not  more  than  one  per- 
manent position 

624  For  expenses  of  perambulating  state 

boundary  Hues  .... 

The  unexpended  balance  of  the  ap- 
propriation made  by  Item  638  of 
section  two  of  chapter  two  hun- 
dred and  forty-five  of  the  acts  of 
nineteen  hundred  and  thirty-one, 
as  most  recently  re-appropriated 
by  chapter  four  hundred  and 
thirty-four  of  the  acts  of  nineteen 
hundred  and  thirty-seven,  for  cer- 
tain work  in  the  Taunton  river 
authorized  by  chapter  four  hun- 
dred and  five  of  the  acts  of  nine- 
teen hundred  and  thirty,  is  hereby 
again  re-appropriated. 

625     (This  item  omitted.) 


10,000  00 
300  00 


5,000  00 
3,500  00 


Totals $207,200  00  $210,700  00 


Acts,  1939.  —  Chap.  309.  363 


Fiscal  Year 


opr 

an 


1939.  1940. 

Functions  of  the  department  re- 
lating to  Port  of  Boston  (the 
following  items  are  to  be  paid 
from  the  Port  of  Boston  re- 
ceipts) : 

626  For   the   construction   of  railroads 

and  piers  and  for  the  development 

of  certain  land  ....  $2,000  00  $2,000  00 

627  For  the  supervision  and  operation  of 

commonwealth  pier  five,  includ- 
ing not  more  than  tliirty-eight 
permanent  positions,  and  for  the 
repair  and  replacement  of  equip- 
ment and  other  property    .  .  129,000  00  129,000  00 

628  For  the  maintenance  of  pier  one,  at 

East  Boston,  including  not  more 

than  two  permanent  positions      .  6,000  00  6.000  00 

629  For  the  maintenance  and  improve- 

ment of  commonwealth  property 
under  the  control  of  the  depart- 
ment in  connection  with  its  func- 
tions relating  to  waterways  and 
pubUc  lands       ....  90,000  00  90,000  00 

630  For  dredging   channels  and   filling 

flats,  to  be  in  addition  to  any  un- 
expended balance  of  the  appro- 
priation made  for  the  purpose  in 
the  previous  year       .  .  .  85,000  00  85,000  00 

631  (This  item  omitted.) 

Specials: 

632  (This  item  omitted.) 

633  For  the  reconstruction  of  a  roadway 

and  for  certain  improvements  on 
the    viaduct    to    commonwealth 

pier  five 10,000  00  10.000  00 

633a  For  the  improvement  of  approaches 
to  the  army  base  terminal,  as  au- 
thorized by  chapter  thirteen  of 
the  resolves  of  the  current  year    .  150,000  00  - 


Totals $472,000  00  $322,000  00 

Service  of  the  Department  of  Public  Utililies. 

634  For  personal  services  of  the  commis- 

sioners, including  not  more  than 

five  permanent  positions     .  .  $36,000  00  $36,000  00 

635  For  personal  services  of  secretaries, 

employees  of  the  accounting  di- 
vision, engineering  division,  and 
rate  and  tariff  division,  including 
not  more  than  sixteen  permanent 
positions 52,560  00  53,670  00 

636  For  personal  services  of  the  inspec- 

tion di\'ision,  including  not  more 

than  eighteen  permanent  positions  48,000  00  48,100  00 

637  For  personal  services  of  clerks,  mes- 

sengers and  office  assistants,  in- 
cluding not  more  than  ten  per- 
manent positions        .  .  .  16,410  00  17.190  00 

638  For  personal  services  of  the  tele- 

phone and  telegraph  division,  in- 
cluding not  more  than  seven  per- 
manent positions        .  .  .  18.840  00  19.140  00 


364  Acts,  1939.  —  Chap.  309. 


Item 

639  For  traveling  expenses  of  the  com- 

missioners and  employees    . 

640  For  other  services,  including  print- 

ing the  annual  report  and  neces- 
sary office  supplies  and  equipment 

641  For  stenographic  reports  of  evidence 

at  inquests  held  in  cases  of  death 
by  accident  on  or  aboiit  railroads  . 

Totals 

Investigation  of  Gas  and  Electric 
Light  Meters: 

642  For  personal  services  of  the  division 

of  inspection  of  gas  and  gas 
meters,  including  not  more  than 
twelve  permanent  positions  .  $25,170  00  $25,800  00 

643  For  expenses  of  the  di\'ision  of  in- 

spection of  gas  and  gas  meters,  in- 
cluding traveling  and  other  neces- 
sary expenses  of  inspection  .  4,600  00  4,600  00 

644  For  the  examination  and  tests  of 

electric  meters  .  .  .  .  100  00  100  00 


Appropriation 

Fiscal  Year 

1939. 

Appropriation 

Fiscal  Year 

1940. 

$5,150  00 

$4,300  00 

10,150  00 

10,150  00 

300  00 

300  00 

$187,410  00 

$188,850  00 

Totals $29,870  00  $30,500  00 

Special  Investigations: 

645  For  personal  services  and  expenses 

of  special  investigations,  includ- 
ing legal  assistants  and  steno- 
grapliic  services  as  needed  .  .  $8,500  00  $8,500  00 

Commercial    Motor   Vehicle    Di- 
vision: 

646  For  personal  services  of  the  director 

and  assistants,  including  not  more 
than  thirty-two  permanent  posi- 
tions   $51,250  00  $62,990  00 

647  For  other  services,  necessary  office 

supplies  and  equipment,  and  for 

rent 15,000  00  18,000  00 


Totals $66,250  00  $80,990  00 

Smoke  Inspection  Service: 

The  following  items  are  to  be 

assessed  upon  the  cities  and 

towns  comprising  the  district 

defined  by  chapter  six  hun- 
dred and  fifty-one  of  the  acts 

of  nineteen  hundred  and  ten, 

and     acts     in     amendment 

thereof  or  in  addition  thereto: 

For  personal  services,  including  not 

more    than    fourteen    permanent 

positions $24,787  50 

For  other  services,  printing  the  an- 
nual report,  travel,  and  neces- 
sary office  supplies  and  equip- 
ment           2,550  00 


Total $27,337  50 


Acts,  1939.  —  Chap.  309.  365 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 


Sale  of  Securities: 

For  personal  sendees  in  administer- 
ing the  law  relative  to  the  sale  of 
securities,  including  not  more  than 
fourteen  permanent  positions       .  $27,187  50 

For  expenses  other  than  personal  in 
administering  the  law  relative  to 
the  sale  of  securities  .  .  .  3,000  00 


Total $30,187  50 

Miscellaneous. 

652  For  the  maintenance  of  Bunker  Hill 

monument  and  the  property  ad- 
jacent, to  be  expended  by  the 
metropolitan  district  commission  $13,200  00  $11,935  00 

The  following  items  are  to  be  paid 
from  the  Highway  Fund,  with 
the  approval  of  the  metropoli- 
tan district  commission: 

653  For  maintenance  of  boulevards  and 

parkways,    including   installation 

of  traffic  lights  .  .  .  706,110  00  693,700  00 

654  For  resurfacing  of  boulevards  and 

parkways,  to  be  in  addition  to  any 
unexpended  balance  of  the  appro- 
priation made  for  the  purpose  in 
the  previous  year        .  .  .  250,000  00  125,000  00 

655  For  expense  of  supplies  and  services 

necessary  for  procuring  Works 
Progress  Administration  or  other 
federal  funds,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose    .  .  .  20,000  00  10,000  00 

656  (This  item  omitted.) 

657  For  the  construction  of  drains  on  the 

Veterans  of  Foreign  Wars  Park- 
way    4,000  00 

658  For     maintenance     of     Wellington 

bridge 2,950  00  3,085  00 


Totals $996,260  00  $843,720  00 

Unclassified  Accounts  and  Claims. 

659  For  the  compensation  of  veterans  of 

the  civil  war  formerly  in  the  serv- 
ice of  the  commonwealth,  now  re- 
tired   $3,500  00  $3,500  00 

660  For  the  compensation  of  veterans 

who  may  be  retired  by  the  gover- 
nor under  the  provisions  of  sec- 
tions fifty-six  to  fifty-nine,  inclu- 
sive, of  chapter  thirty-two  of  the 
General  Laws,  as  appearing  in  the 
Tercentenary  Edition  thereof       .  85,000  00  95,000  00 

661  For    the    compensation    of    certain 

prison  officers  and  instructors  for- 
merly in  the  service  of  the  com- 
monwealth, now  retired       .  .  60,000  00  58,000  00 

662  For  the  compensation  of  state  police 

officers  formerly  in  the  service  of 

the  commonwealth,  now  retired  .  8,500  00  8,500  00 


366  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

663  For  the  compensation  of  certain 
women  formerly  employed  in 
cleaning  the  state  house,  now  re- 
tired    $600  00  $600  00 


Totals $157,600  00  $165,600  00 

For  certain  other  aid: 

664  For   the    compensation    of    certain 

public  employees  for  injuries  sus- 
tained in  the  course  of  their  em- 
ployment, for  the  years  nineteen 
hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty  and  for 
previous  years,  as  provided  by 
section  sixty-nine  of  chapter  one 
hundred  and  fifty-two  of  the  Gen- 
eral Laws,  as  amended,  including 
a  sum  not  exceeding  fifty-five 
thousand  dollars  which  may  be 
charged,  in  each  year,  to  the  High- 
way Fund  ....  $100,000  00  $100,000  00 

665  For  the  payment  of  certain  annuities 

and  pensions  of  soldiers  and 
others  under  the  provisions  of  cer- 
tain acts  and  resolves  .  .  8,321  00  8,321  00 

Totals $108,321  00         $108,321  00 

666  For   reimbursing   officials   for   pre- 

miums paid  for  procuring  sureties 
on  their  bonds,  as  provided  by  ex- 
isting laws  ....  $375  00  $375  00 

667  For  payment  of  any  claims,  as  au- 

thorized by  section  eighty-nine  of 
chapter  thirty-two  of  the  General 
Laws,  as  amended,  for  allowances 
to  the  families  of  members  of  the 
department  of  public  safety  doing 
police  duty  killed  or  fatally  in- 
jured in  the  discharge  of  their 
duties 10,000  00  10,000  00 

668  For  small  items  of  expenditure  for 

which  no  appropriations  have 
been  made,  and  for  cases  in  which 
appropriations  have  been  ex- 
hausted or  have  reverted  to  the 
treasury  in  previous  years  .  .  1,000  00  1,000  00 

669  For  reimbursement  of  persons  for 

funds  previously  deposited  in  the 
treasury  of  the  commonwealth 
and  escheated  to  the  common- 
wealth         5,000  00  5,000  00 

670  For  reimbursement  of  the  city  of 

Boston  for  a  part  of  the  cost  of  the 
Boston  Port  Authority,  as  author- 
ized by  chapter  four  hundred  and 
fifty-three  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  to  be 
paid  from  the  Port  of  Boston  re- 
ceipts          11,000  00  32,500  00 


Totals $27,375  00  $48,875  00 


Acts,  1939. —  Chap.  309. 


367 


Appropriation 

Fiscal  Year 

1939. 


Deficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items,  as  follows: 


Service  of  the  Judicial  Deparbnent. 

Probate  and  Insolvency  Courts: 
For  the  compensation  of  judges  of 
probate    when    acting   for   other 
judges  of  probate        .  .  .  $275  00 

Land  Court: 
For  personal  services  in  the  exami- 
nation of  titles,  for  publishing  and 
serving  citations  and  other  serv- 
ices, traveling  expenses,  supplies 
and  office  equipment,  and  for  the 
preparation  of  sectional  plans 
showing  registered  land      .  .  71  60 


Appropriation 

Fiscal  Year 

1940. 


Service  of  the  Militia. 

For  transportation  of  officers  and 
non-commissioned  officers  for  at- 
tendance at  military  meetings 


1,663  84 


Service  of  the  Soldiers'  Home  in  Massachusetts. 

For  the  maintenance  of  the  Soldiers' 
Home  in  Massachusetts,  with  the 
approval  of  the  trustees  thereof  .  2,947  17 


Service  of  the  Secretary  of  the  Conmionwealth. 


For  the  purchase  of  ink  for  public 
records  of  the  commonwealth 


78  55 


Service  of  the  Emergency  Finance  Board. 

For  administrative  expenses  of  the 

emergency  finance  board     .  .  1,575  6; 


Service  of  the  Attorney  General's  Department. 


For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment 


1,370  19 


Service  of  the  Department  of  Conservation. 

For  aiding  towns  in  the  purchase  of 
equipment  for  extinguishing  forest 
fires  and  for  making  protective 
belts  or  zones  as  a  defence  against 
forest  fires,  for  the  present  and 
previous  years  ....  662  75 


Service  of  the  Department  of  Corporations  and  Taxation. 

For  other  services,  necessary  office 
supplies  and  equipment,  travel, 
and  for  printing  the  annual  re- 
port, other  publications  and  valu- 
ation books  .  .  .  41  85 


368  Acts,  1939.  —  Chap.  309. 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1910. 


For  the  premium  on  a  certain  bond 
filed  in  the  state  of  Texas  to  per- 
mit suit  in  that  state  to  recover 
judgment  against  Edgar  B.  Davis 
in  relation  to  an  unpaid  income 
tax,  to  be  paid  from  receipts  from 
the  income  tax  ....  $500  00 

Service  of  the  Department  of  Education. 

For  the  reimbursement  of  certain 
towns  for  the  transportation  of 
pupils  attending  high  schools  out- 
side the  towns  in  which  they  re- 
side, as  provided  by  law      .  .  4,224  05 

English-speaking       Classes      for 
Adults: 
For  reimbursement  of  certain  cities 

and  towns  ....  2,360  85 

Service  of  the  Department  of  Correction. 

For  traveling  expenses  of  officers 
and  employees  of  the  department, 
when  required  to  travel  in  the  dis- 
charge of  their  duties         .  .  117  61 

For  the  maintenance  of  the  state 

prison 561  66 

Service  of  the  Department  of  Public  Health. 

For  other  services  for  certain  chil- 
dren's cHnics  for  tuberculosis       .  184  90 


Total $16,635  65 

Metropolitan  District  Commission. 

The  following  items  are  to  be  as- 
sessed upon  the  several  districts 
in  accordance  with  the  methods 
fixed  by  law,  unless  otherw-ise 
provided,  and  to  be  expended 
under  the  direction  and  with 
the  approval  of  the  metropoli- 
tan district  commission: 

672  For    maintenance    of    the    Charles 

River  basin,  including  retirement 
of  soldiers  under  the  pro^nsions  of 
the  General  Laws       .  .  .  $224,960  00  $228,130  00 

673  (This  item  omitted.) 

674  For  dredging  Broad  and  Lechmere 

canals  in  the  Charles  River  basin, 
to  be  assessed  as  part  of  the  cost 
of  maintenance  of  the  Charles 
River  basin        ....  10,000  00 

675  For  maintenance  of  parks  reserva- 

tions, including  the  purchase  of 
land  and  the  retirement  of  soldiers 
under  the  provisions  of  the  Gen- 
eral Laws  ....         1,142,355  00         1,161,550  00 

676  For  the  expense  of  holding  band  con- 

certs, to  be  assessed  as  part  of  the 
cost  of  maintenance  of  parks  reser- 
vations        15,000  00  15,000  00 


Acts,  1939.  —  Chap.  309.  369 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

677  For  expenses  of  supplies  and  services 

necessary  for  procuring  Works 
Progress  Administration  or  other 
federal  funds,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  and  to  be  as- 
sessed as  part  of  the  cost  of  main- 
tenance of  parks  reservations       .  $20,000  00  $15,000  00 

678  For  a  contribution  towards  the  cost 

of  esplanade  concerts,  so  called, 
to  be  assessed  as  part  of  the  cost 
of  maintenance  of  parks  reserva- 
tions    3,750  00  3,750  00 

679  For  the  cost  of  suppressing  gypsy 

moths,  including  certain  equip- 
ment, to  be  assessed  as  part  of  the 
cost  of  maintenance  of  parks 
reservations       ....  5,000  00  5,000  00 

680  For  expenses  of  the  National  Recre- 

ation Congress,  to  be  assessed  as 
part  of  the  cost  of  maintenance  of 
parks  reservations      .  .  .  500  00  - 

681  (This  item  omitted.) 

682  For  ser\'ices  and  expenses  of  the  di- 

vision of  metropoUtan  planning, 

including     not     more     than    six  ^ 

permanent  positions   .  .  .  15,075  00  - 

683  For  maintenance  of  the  Nantasket 

Beach  reservation       .  .  .  92,510  00  93,075  00 

684  For     maintenance     of     Wellington 

bridge,  including  retirement  of 
soldiers  under  the  provisions  of 
the  General  Laws,  and  to  be  in 
addition  to  the  amounts  appro- 
priated in  item  six  hundred  and 
fifty-eight  ....  8,850  00  9,255  00 

685  For  the  maintenance  and  operation 

of  a  system  of  sewage  disposal  for 
the  north  metropolitan  sewerage 
district,  including  retirement  of 
soldiers  under  the  provisions  of 
the  General  Laws       .  .  .  417,390  00  418,700  00 

686  For  the  maintenance  and  operation 

of  a  system  of  sewage  disposal  for 
the  south  metropolitan  sewerage 
district,  including  retirement  of 
soldiers  under  the  provisions  of 
the  General  Laws,  and  including 
certain  deficiencies.     .  .  .  314,940  00  302,307  00 

687  For  the  purchase  and  installation  of 

a  certain  pump,  to  be  assessed  as 
part  of  the  cost  of  maintenance  of 
the  south  metropolitan  sewerage 
district 23,000  00 

688  For   certain   improvements   at   the 

pumping  station  at  Hough's  Neck, 
to  be  assessed  as  part  of  the  cost 
of  maintenance  of  the  south  met- 
ropolitan sewerage  district  .  .  45,000  00  - 

689  For  the  maintenance  and  operation 

of  the  metropolitan  water  system, 
including  retirement  of  soldiers 
under  the  provisions  of  the  Gen- 
eral Laws  ....         1,008,250  00         1.023,710  00 


370  Acts,  1939.  —  Chap.  309. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

690  For  the  purchase  of  property  for  pro- 

tection of  the  water  supply,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 
and  to  be  assessed  as  a  part  of  the 
cost  of  the  metropolitan  water 
maintenance       ....  $5,000  00  - 

691  For   the   construction   of   additions 

and  improvements  to  certain  sup- 
ply and  distribution  mains,  as  a 
part  of  the  cost  of  maintenance  of 
the  metropolitan  water  system, 
to  be  in  addition  to  any  unex- 
pended balance  of  an  appropria- 
tion made  for  the  purpose  in  the 
previous  year     ....  250,000  00  $250,000  00 

The  unexpended  balance  of  the  ap- 
propriation authorized  by  item 
seven  hundred  and  fifty-eight  A 
of  section  two  of  chapter  four  hun- 
dred and  thirty-four  of  the  acts 
of  nineteen  hundred  and  thirty- 
seven  is  hereby  made  available  for 
damages  which  have  already  oc- 
curred or  \fhich  may  occur  in 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty. 


Totals $3,601,580  00       $3,525,477  00 

General  and  Highway  Funds  .     $76,121,560  11     $74,145,528  25 

MetropoUtan  District  Commission  .         3,601,580  00         3,525,477  00 

Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made  by 
this  act  for  construction  of  public  buildings  or  other  improve- 
ments at  state  institutions  until  plans  and  specifications  have 
been  approved  by  the  governor,  unless  otherwise  provided  by 
such  rules  and  regulations  as  the  governor  may  make. 

Section  4.  No  person  shall  be  reimbursed  by  the  com- 
monwealth for  any  expense  incurred  for  a  mid-day  meal 
while  traveling  within  the  commonwealth  at  the  expense 
thereof,  nor  shall  any  person  be  so  reimbursed  for  the 
amount  of  any  expense  incurred  for  a  breakfast  while  so 
traveling  which  is  in  excess  of  seventy-five  cents  or  for  the 
amount  of  any  expense  incurred  for  an  evening  meal  while 
so  traveling  which  is  in  excess  of  one  dollar.  Nothing  herein 
contained  shall  apply  to  state  employees  who  receive  as 
part  of  their  compensation  a  non-cash  allowance  in  the 
form  of  full  or  complete  boarding  and  housing  or  to  members 
of  legislative  committees  or  special  commissions.  No  pas- 
senger automobile  the  price  whereof,  delivered,  exceeds  one 
thousand  dollars  shall  be  paid  for  out  of  funds  appropriated 
by  this  act,  except  upon  the  written  order  of  the  commis- 
sion on  administration  and  finance.     Nothing  herein  con- 


Acts,  1939.  —  Chap.  310.  371 

tained  shall  be  construed  as  preventing  a  department  from 
approving  allowances  for  meals,  not  exceeding  one  dollar 
and  seyenty-five  cents  in  any  one  day,  for  its  employees 
stationed  beyond  commuting  distance  from  their  homes  for 
a  period  of  more  than  twenty-four  hours. 

Section  5.  The  allowance  to  state  employees  for  expenses 
incurred  by  them  in  the  operation  of  motor  vehicles  owned 
by  them  and  used  in  the  performance  of  their  official  duties 
shall  not  exceed  four  and  one  half  cents  a  mile. 

Section  6.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  three,  four  and  five  of  this  act  to 
each  departmental,  divisional  and  institutional  head  imme- 
diately following  the  passage  of  this  act. 

Section  7.  All  money  paid  into  the  treasury  of  the  com- 
monwealth from  federal  subventions  and  grants  may  be 
expended  without  specific  appropriation,  if  such  expendi- 
tures are  otherwise  in  accordance  with  law. 

Section  8.    This  act  shall  take  effect  upon  its  passage. 

{This  bill  was  returned  June  23,  1939,  by  the  governor  to 
the  house  of  representatives,  the  branch  in  which  said  bill 
originated,  with  his  objections  in  writing  to  the  following 
items  therein:  — 

Items  286,  407  a,  409h,  409c,  409d,  409e,  409f,  409h, 
409i,  409j,  409k,  482a,  482b,  484a,  484b,  485c,  485e, 
486aa,  486a,  486b,  488a,  488b,  489a,  489c,  489d,  489cc, 
490b,  490c,  491c,  49 Ice,  491  d,  49 le,  492a,  492b,  494a,  504d, 
506a,  607a,  607b,  507c,  607d,  637a,  638b,  639a,  640b, 
568a,  568b,  569a,  570a,  671a,  572a,  572c,  572cc  and  672e 
disapproved. 

Item  156  reduced  for  the  year  1939  to  $10,000,  and  for 
the  year  1940  to  $10,000;  Item  620  reduced  for  the  year 
1939  to  $6,000,000  and  for  the  year  1940  to  $4,250,000. 

The  vote  being  taken  June  27,  1939,  on  the  passage  of  said 
items,  the  objections  of  the  governor  thereto  were  sustained,  the 
house  having  refused,  in  each  instance,  to  pass  the  item.  The 
remainder  of  the  bill  was  approved  by  the  governor  June  23, 
1939.) 

An  Act  authorizing  the  city  of  Gloucester  to  borrow  Chap.Zl^ 
money  to  acquire  land  for  playground  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  acquiring  for  playground 
purposes  a  parcel  or  area  of  land  situated  in  the  city  of 
Gloucester  known  as  Little  Good  Harbor  beach,  including 
said  beach  and  certain  marshes  adjacent  thereto,  which 
parcel  or  area  is  bounded  generally  on  the  east  by  Witham 
street,  on  the  south  by  the  Atlantic  ocean,  on  the  west  by 
Little  Good  Harbor  river  and  a  creek,  and  on  the  north  by 
a  creek  and  Thatcher  road,  and  which  parcel  or  area  the 
playground  commission  of  said  city  voted  to  take  by  emi- 


372  Acts,  1939.  —  Chaps.  311,  312. 

nent  domain  under  date  of  November  fourteenth,  nineteen 
hundred  and  thirty-eight,  said  parcel  or  area  being  more 
particularly  described  in  a  plan  accompanying  the  order  of 
taking  and  filed  in  the  office  of  the  city  clerk  of  said  city, 
said  city  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,  forty-five 
thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Gloucester  Play- 
ground Loan,  Act  of  1939.  Each  authorized  issue  shall  con- 
stitute a  separate  loan,  and  such  loans  shall  be  paid  in  not 
more  than  ten  years  from  their  dates.  The  indebtedness 
incurred  under  this  act  shall  be  inside  of  the  statutory  debt 
Hmit  and  shall,  except  as  hereinbefore  provided,  be  subject 
to  chapter  forty-four  of  the  General  Laws,  exclusive  of  the 
limitation  contained  in  the  first  paragraph  of  section  seven 
thereof. 

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

Approved  June  26,  1939. 

Chap. 311  An  Act  relative  to  the  teaching  of  modern  languages 
IN  certain  public  high  schools. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Chapter   seventy-one   of   the    General    Laws   is   hereby 

Sr'tld.'  ^  ^^^'  amended  by  inserting  after  section  thirteen  A,  inserted  by 
chapter  two  hundred  and  forty-one  of  the  acts  of  nineteen 
Teaching  of       huudrcd  and  thirty-eight,  the  following  new  section :  —  Sec- 
knguLges  tion  13B.    In  every  pubhc  high  school  having  not  less  than 

high"^f-hoo!s  one  hundred  and  fifty  pupils,  any  modern  language,  not 
included  in  the  regular  curriculum  and  not  taught  as  pro- 
vided by  either  of  the  two  preceding  sections,  may  be  taught 
if  the  parents  or  guardians  of  not  less  than  twenty-five 
pupils  request  in  writing  the  teaching  thereof  and  if  there 
is  an  enrolment  of  not  less  than  twenty-five  properly  quali- 
fied pupils;  provided,  that  said  request  is  made,  and  said 
enrolment  is  completed,  before  the  preceding  August  first. 
The  teaching  of  any  language,  as  provided  by  this  section, 
may  be  discontinued  if  the  enrolment  of  pupils  therefor  falls 
below  fifteen.  Approved  June  26,  1939. 

Chap. 312  An  Act  defining  more  specifically  the  powers  of  the 
commissioner  of  insurance  relating  to  certain  non- 
profit hospital  service  corporations,  penalizing 
their  failure  seasonably  to  file  certain  state- 
ments AND   further   regulating   THEIR   INVESTMENTS. 

Be  it  enacted,  etc.,  as  follows: 

g.  l.  (Ter.  Section  1.     Sectiou  three  of  chapter  one  hundred  and 

fttj'ame^ded.^'  scvcuty-six  A  of  the  General  Laws,  as  appearing  in  chapter 

four  hundred  and  nine  of  the  acts  of  nineteen  hundred  and 

thirty-six,  is  hereby  amended  by  striking  out  the  second 


Acts,  1939.  —  Chap.  312.  373 

sentence  and  inserting  in  place  thereof  the  following:  —  The 
contracts  issued  and  the  rates  charged  by  such  corporation 
to  the  subscribers  for  hospital  care  shall  at  all  times  be  sub- 
ject to  the  approval  of  the  commissioner  of  insurance,  —  so 
as  to  read  as  follows :  —  Section  3.  Any  corporation  sub-  Contracts  for 
ject  to  this  chapter  may  enter  into  contracts  for  the  render-  hospital  care. 
ing  of  hospital  service  to  any  of  its  subscribers  only  with 
hospitals  referred  to  in  section  one.  The  contracts  issued 
and  the  rates  charged  by  such  corporation  to  the  subscribers 
for  hospital  care  shall  at  all  times  be  subject  to  the  approval 
of  the  commissioner  of  insurance.  All  rates  of  payments  to 
hospitals  made  by  such  corporation  under  contracts  pro- 
vided for  in  this  section  shall  be  approved  prior  to  payment 
by  the  commissioner  of  public  welfare. 

Section  2.    Section  four  of  said  chapter  one  hundred  and  g  l.  (Xer. 
seventy-six  A,  as  so  appearing,  is  hereby  amended  by  adding  §  4.  etc.,   ' 
at  the  end  the  following  new  sentence :  —  A  corporation  amended. 
neglecting  to  make  and  file  its  annual  statement  in  the  form 
and  within  the  time  herein  specified  shall  forfeit  one  hundred 
dollars  for  each  day  during  which  such  neglect  continues, 
and  upon  notice  by  the  commissioner  of  insurance  to  that 
effect  its  authority  to  do  new  business  shall  cease  while 
such  default  continues,  —  so  as  to  read  as  follows :  —  Sec-  Annual 
tion  Jf-    Every  such  corporation  shall  annually,  on  or  before  ofooCdltk>n. 
the  first  day  of  March,  file  in  the  office  of  the  commissioner 
of  insurance  a  statement,  verified  by  at  least  two  of  the 
principal  officers  of  said  corporation,  showing  its  condition 
as  of  the  thirty-first  day  of  December  next  preceding.    Said 
statement  shall  be  in  such  form  and  shall  contain  such  other 
matters  as  the  commissioner  of  insurance  shall  prescribe. 
A  corporation  neglecting  to  make  and  file  its  annual  state- 
ment in  the  form  and  within  the  time  herein  specified  shall 
forfeit  one  hundred  dollars  for  each  day  during  which  such 
neglect  continues,  and  upon  notice  by  the  commissioner  of 
insurance  to  that  effect  its  authority  to  do  new  business  shall 
cease  while  such  default  continues. 

Section  3.     Said  chapter  one  hundred  and  seventy-six  g.  l.  (Xer. 
A  is  hereby  further  amended  by  striking  out  section  five,  as  ftc'.!'ameifded.^" 
so  appearing,  and  inserting  in  place  thereof  the  following :  — 
Section  5.     The  commissioner  of  insurance,  any  deputy  or  Examination 
examiner,   or  any  other  person  whom  said  commissioner  °^  corporations. 
shall  designate  shall,  at  least  once  in  three  years  and  when- 
ever he  deems  it  to  be  prudent,  visit  any  such  corporation 
and  examine  into  its  affairs,  shall  have  free  access  to  all  of  the 
books,  papers  and  documents  of  the  corporation  that  relate 
to  its  business,  and  may  summon  as  witnesses  and  examine 
under  oath  its  officers,  agents  or  employees,  or  other  persons, 
in  relation  to  its  affairs,  transactions  and  condition.     The 
commissioner  shall  require  every  such  corporation  to  keep 
its  books,  records,  accounts  and  vouchers  in  such  manner 
that  he  or  his  authorized  representatives  may  readily  verify 
its  annual  statements  and  ascertain  whether  the  corporation 
has  comphed  with  law. 


374 


Acts,   1939.  —  Chap.  312. 


G.  L.  (Ter. 
Ed.),  176A,  §  7. 
etc.,  amended. 


Funds, 
investment  of. 


G.  L.  (Ter. 
Ed.),  176A,  §  9 
etc.,  amended. 


Liquidati 


G.  L.  (Ter. 
Ed.),  176A, 
§  11,  inserted. 

Salaries, 
regulated. 


Section  4.  Section  seven  of  said  chapter  one  hundred 
and  seventy-six  A,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  third  and  fourth  Hnes,  the  words  "assets 
of  Hfe"  and  inserting  in  place  thereof  the  words:  —  the 
capital  of,  —  and  by  adding  at  the  end  the  following  new 
sentence :  —  The  directors  or  other  officers  of  such  a  cor- 
poration making  or  authorizing  an  investment  or  loan  not 
included  in  the  securities  permitted  for  investment  shall  be 
personally  liable  to  the  corporation  for  any  loss  caused  by 
such  investment,  —  so  as  to  read  as  follows :  —  Section  7. 
The  funds  of  any  corporation  subject  to  this  chapter  shall 
be  invested  only  in  securities  permitted  by  the  laws  of  the 
commonwealth  for  the  investment  of  the  capital  of  insurance 
companies.  The  directors  or  other  officers  of  such  a  cor- 
poration making  or  authorizing  an  investment  or  loan  not 
included  in  the  securities  permitted  for  investment  shall  be 
personally  liable  to  the  corporation  for  any  loss  caused  by 
such  investment. 

Section  5.  Said  chapter  one  hundred  and  seventy-six  A 
is  hereby  further  amended  by  striking  out  section  nine,  as 
so  appearing,  and  inserting  in  place  thereof  the  following :  — 
Section  9.  If  the  commissioner  of  insurance  is  satisfied,  as 
to  any  corporation  subject  to  this  chapter,  that  (1)  it  has 
failed  to  comply  with  the  provisions  of  its  charter,  or  (2)  it 
is  being  operated  for  profit,  or  (3)  it  is  fraudulently  con- 
ducted, or  (4)  its  condition  is  such  as  to  render  its  further 
transaction  of  business  hazardous  to  the  public  or  to  its 
subscribers,  or  (5)  its  officers  and  agents  have  refused  to 
submit  to  an  examination  under  section  five,  or  (6)  it  has 
exceeded  its  powers,  or  (7)  it  has  violated  any  provision  of 
law,  or  (8)  it  has  compromised,  or  is  attempting  to  com- 
promise, with  its  creditors  on  the  ground  that  it  is  financially 
unable  to  pay  its  claims  in  full,  or  (9)  it  is  insolvent,  he 
may  apply  to  the  supreme  judicial  court  for  an  injunction 
restraining  it  from  further  proceeding  with  its  business. 
The  court  may  forthwith  issue  a  temporary  injunction 
restraining  the  transaction  of  any  business,  and  it  may, 
after  a  full  hearing,  make  the  injunction  permanent,  and 
appoint  one  or  more  receivers  to  take  possession  of  the 
books,  papers,  moneys  and  other  assets  of  the  corporation, 
settle  its  affairs,  and  distribute  its  funds  to  those  entitled 
thereto,  subject  to  such  rules  and  orders  as  the  court  may 
prescribe. 

Section  6.  Said  chapter  one  hundred  and  seventy-six  A, 
as  so  appearing,  is  hereby  amended  by  adding  after  section 
ten  the  following  new  section:  —  Section  11.  No  corpora- 
tion subject  to  this  chapter  shall  pay  any  salary,  compen- 
sation or  emolument  to  any  officer,  trustee  or  director 
thereof,  nor  any  salary,  compensation  or  emolument  amount- 
ing in  any  year  to  more  than  five  thousand  dollars  to  any 
person,  unless  such  payment  be  first  authorized  by  a  vote 
of  its  board  of  directors.  No  corporation  subject  to  this 
chapter  shall  make  any  agreement  with  any  of  its  officers. 


Acts,  1939.  —  Chaps.  313,  314,  375 

trustees  or  employees  whereby  it  agrees  that  for  any  serv- 
ices rendered  or  to  be  rendered  he  shall  receive  any  salary, 
compensation  or  emolument  for  a  period  of  more  than  three 
years  from  the  date  of  such  agreement. 

Section  7.    Section  two  of  said  chapter  one  hundred  and  ^j^  {^^®^-  .3 
seventy-six  A,  as  so  appearing,  is  hereby  amended  by  striking  etc!, 'amended. ' 
out,  in  the  fifth  line,  the  word  "directors"  and  inserting  in 
place  thereof  the  words :  —  executive  officers,  —  so  that  the 
second  sentence  will  read  as  follows:  —  At  least  a  majority  Directors. 
of  the  directors  of  such  corporation  shall  be  at  all  times 
executive  officers  or  trustees  of  hospitals  referred  to  in  the 
preceding  section.  Approved  June  26,  1939. 


An  Act  imposing  a  penalty  by  way  of  forfeiture  on  (JJiqj)  313 
persons  performing  acts  constituting   unfair   com- 
petition under  the  fair  trade  law,  so  called. 

Be  it  enacted,  etc.,  as  follows: 

Section  fourteen  B  of  chapter  ninety-three  of  the  General  |-i^-^.y''ri4j3 
Laws,  inserted  by  chapter  three  hundred  and  ninety-eight  etV, 'amended. ' 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  hereby 
amended  by  adding  at  the  end  the  following:  —  Any  person 
advertising,  offering  for  sale  or  selling  any  commodity  as 
aforesaid  shall,  in  addition,  forfeit  through  civil  process  to 
the  commonwealth  the  sum  of  fifty  dollars,  —  so  as  to  read 
as  follows:  —  Section  IJ+B.     Wilfully  and  knowingly  adver-  Penalty  under 
tising,  offering  for  sale  or  selling  any  commodity  at  less  than  ^^^,  "^''^''^ 
the  price  stipulated  in  any  contract  entered  into  pursuant 
to  the  preceding  section,  whether  the  person  so  advertising, 
offering  for  sale  or  selling  is  or  is  not  a  party  to  such  con- 
tract, is  hereby  declared  to  constitute  unfair  competition 
and  to  be  actionable  at  the  suit  of  any  person  damaged 
thereby.    Any  person  advertising,  offering  for  sale  or  selling 
any  commodity  as  aforesaid  shall,  in  addition,  forfeit  through 
civil  process  to  the  commonwealth  the  sum  of  fifty  dollars. 

Approved  June  26,  1939. 


An  Act  to  authorize  the  county  commissioners  of  the  fhr,^^  Q14 

COUNTY    of    ESSEX    TO    REBUILD    THE    ROADWAY    FLOOR    OF  ^' 

THE    DUCK    BRIDGE    OVER    THE    MERRIMACK    RIVER    IN    THE 
CITY    OF   LAW^RENCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  county  of 
Essex,  hereinafter  called  the  commissioners,  subject  to  the 
provisions  of  all  laws  which  may  be  applicable,  are  hereby 
authorized  to  rebuild  the  roadway  floor  of  the  Duck  bridge, 
so-called,  over  the  Merrimack  river,  at  Union  street,  in  the 
city  of  Lawrence,  the  new  roadway  floor  to  consist  of  an 
open  steel  grid,  or  mesh,  with  necessary  supports,  expansion 
joints,  curbs  and  the  like. 


376  Acts,  1939.  —  Chap.  314. 

Section  2.  The  costs  and  expenses  incurred  under  this 
act  shall  not  exceed  the  sum  of  fifty-five  thousand  dollars 
and  shall  be  paid  in  the  first  instance  by  the  county  of  Essex. 
The  commissioners  may  borrow  by  a  temporary  loan  or 
loans,  on  the  credit  of  said  county,  such  sums,  not  exceed- 
ing, in  the  aggregate,  said  amount,  as  may  from  time  to 
time  be  required  for  the  costs  and  expenses  aforesaid,  in- 
cluding interest,  and  may  issue  notes  of  said  county  therefor 
bearing  interest  or  discounted  as  may  be  deemed  advisable, 
and  the  treasurer  of  said  county  may  sell  such  notes  at  pub- 
lic or  private  sale  upon  such  terms  and  conditions  as  the 
commissioners  may  deem  proper.  Notes  issued  under  au- 
thority of  this  section  may  be  renewed  from  time  to  time 
for  such  period  as  may  be  necessary.  All  money  so  borrowed 
shall  be  deposited  in  the  county  treasury  of  said  county  and 
the  county  treasurer  shall  pay  out  the  same  as  ordered  by 
the  commissioners  and  shall  keep  a  separate,  accurate  ac- 
count of  all  money  so  borrowed  and  expended,  including 
interest  or  discount,  as  the  case  may  be. 

Section  3.  Upon  the  completion  of  the  work  authorized 
by  section  one,  the  commissioners  shall  file  in  the  office  of 
the  clerk  of  the  courts  of  said  county  a  detailed  statement, 
certified  under  their  hands,  of  the  actual  costs  and  expenses 
of  such  construction,  including  interest  or  discount,  as  the 
case  may  be,  on  all  money  borrowed  under  authority  of 
section  two.  Within  three  months  after  the  filing  of  any 
such  statement  of  the  costs  and  expenses  of  such  construc- 
tion, the  commissioners  shall,  after  such  notice  as  they  may 
deem  proper  and  a  hearing,  apportion  and  assess  upon  said 
county  an  amount  equal  to  fifty  per  cent  of  said  costs  and 
expenses,  and  shall  apportion  and  assess  upon  the  city  of 
Lawrence  an  amount  equal  to  fifty  per  cent  of  said  costs  and 
expenses.  The  commissioners  shall  file  in  the  office  of  the 
clerk  of  the  courts  of  said  county  the  report  of  said  appor- 
tionment and  assessment.  Said  clerk  shall  forthwith  trans- 
mit a  true  and  attested  copy  thereof  to  the  mayor  of  said 
city,  and  the  said  city  shall  pay  its  proportion  of  said  costs 
and  expenses  determined  by  the  commissioners  as  aforesaid, 
into  the  county  treasury  of  said  county  within  sixty  days 
thereafter;  and  if  said  city  shall  refuse  or  neglect  to  pay  its 
proportion  determined  as  aforesaid  the  commissioners  shall, 
after  notice  to  said  city,  issue  a  warrant  against  said  city 
for  its  proportion  determined  as  aforesaid,  with  interest  and 
costs  of  the  notice  and  warrant,  and  the  same  shall  be  col- 
lected in  the  same  manner  as  executions  in  actions  at  law, 
and  paid  into  the  county  treasury  of  said  county.  For  the 
purpose  of  paying  said  county's  ultimate  share  of  said  costs 
and  expenses,  said  county  treasurer,  with  the  approval  of 
the  commissioners,  may  borrow  from  time  to  time  such  sums 
as  may  be  necessary,  not  exceeding,  in  the  aggregate,  twenty- 
seven  thousand  five  hundred  dollars,  and  may  issue  bonds  or 
notes  of  the  county  therefor,  which  shall  bear  on  their  face 
the  words.  County  of  Essex,  Duck  Bridge  Loan  Act  of  1939. 


Acts,  1939.  —  Chap.  315.  377 

Such  loans  shall  be  payable  by  such  annual  payments,  be- 
ginning not  more  than  one  year  after  the  respective  dates 
thereof,  as  will  extinguish  each  loan  within  five  years  from 
its  date,  and  the  amount  of  such  annual  payment  in  any 
3'ear  shall  not  be  less  than  the  amount  of  the  principal  of 
the  loan  payable  in  any  subsequent  year.  Each  authorized 
issue  shall  constitute  a  separate  loan.  For  the  purpose  of 
paying  the  amount  assessed  against  said  city  of  Lawrence, 
said  city  may  borrow  from  time  to  time  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  twenty-seven 
thousand  five  hundred  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words.  City  of 
Lawrence,  Duck  Bridge  Loan  Act  of  1939.  Each  authorized 
issue  shall  constitute  a  separate  loan,  and  such  loans  shall 
be  payable  within  twenty  years  from  their  dates.  Indebted- 
ness incurred  by  said  city  under  this  act  shall  be  in  excess  of 
the  statutory  limit,  but  shall,  except  as  otherwise  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.  Said  county  and  said  city  may 
each  sell  its  said  securities  at  public  or  private  sale  upon 
such  terms  as  it  may  deem  proper,  but  not  for  less  than 
their  par  value.  The  proceeds  of  bonds  or  notes  issued  by 
said  county  under  this  section  shall  be  used  only  to  pay 
notes  issued  under  section  two,  or  for  rebuilding  the  road- 
way floor  of  said  bridge,  and  the  proceeds  of  bonds  or  notes 
issued  by  said  city  under  this  section  shall  be  paid  into  the 
county  treasury  of  said  county  to  be  applied  to  the  pay- 
ment of  the  notes  issued  by  said  county  under  section  two. 
The  amount  to  be  permanently  assessed  upon  said  county 
and  said  city  shall  be  the  balance  after  deducting  from  the 
total  costs  and  expenses  of  the  work  authorized  by  this  act 
so  much  of  such  costs  and  expenses  as  shall  be  paid  from 
funds  contributed  therefor  by  the  commonwealth  or  by  any 
federal  authority,  and  the  amount  to  be  apportioned  and 
assessed  upon  said  county  and  upon  said  city,  respectively, 
shall  in  each  instance  be  fifty  per  cent  of  said  balance. 

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

Approved  June  26,  1939. 


An  Act  regulating  the   financing  and   insuring   of  Chav. 315 

MOTOR  vehicles  AND  TRAILERS  IN  THE  COMMONWEALTH 
BY  FOREIGN  INSURANCE  COMPANIES  ADMITTED  AND  AU- 
THORIZED  TO   TRANSACT   BUSINESS   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  fifty-seven  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-five  of  the  General  Laws,  as  appearing  in  ffsy/^'''" 
the  Tercentenary  Edition,  is  hereby  amended  by  adding  at  amended. 
the  end  the  following  new  paragraph :  — 


378 


Acts,  1939.  —  Chap.  316. 


Financing, 
etc.,  of  motor 
vehicles  by 
foreign 
insurance 
companies. 


No  person  selling  or  financing  the  purchase  or  sale  of  any 
motor  vehicle  or  trailer  registered  or  to  be  registered  in  the 
commonwealth,  or  lending  money  upon  such  a  motor  vehicle 
or  trailer  as  security,  and  no  agent  of  any  such  person,  shall 
deliver  or  cause  or  permit  to  be  delivered  to  the  purchaser 
or  borrower  any  policy  of  insurance  or  bond  issued  or  exe- 
cuted by  such  a  company  insuring  or  covering  him  or  his 
interest  in  such  motor  vehicle  or  trailer  against  any  risk 
or  hazard  connected  with  such  motor  vehicle  or  trailer,  or 
any  certificate,  memorandum  or  other  instrument  evidenc- 
ing such  insurance  or  coverage,  whether  or  not  the  person 
making  such  sale  or  loan  or  financing  such  purchase  or  sale 
is  also  insured  or  covered  under  such  policy  or  bond,  unless 
such  policy,  bond  or  other  instrument  is  countersigned  by  a 
lawfully  constituted  and  licensed  resident  agent  in  the  com- 
monwealth of  such  company.  No  such  company  and  no 
officer  or  agent  thereof  shall,  in  connection  with  any  such 
sale,  financing  or  loan,  deliver  or  cause  or  permit  to  be  de- 
livered any  such  policy,  bond  or  other  instrument  not  coun- 
tersigned by  a  lawfully  constituted  and  licensed  resident 
agent  in  the  commonwealth  of  such  company.  This  sec- 
tion shall  apply  only  to  acts  done  and  contracts  made  within 
the  commonwealth.  Whoever  violates  any  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  five  hundred  dollars. 

Approved  June  26,  1939. 


G.  L.  (Ter. 
Ed.),  32, 
§  37F,  etc., 
amended. 


Rights  of 
persons  former 
members  of 
non-contribu- 
tory systems. 


C7ia».316  An  Act  relative  to  prior  service  credit  for  certain 

PERSONS   UNDER   THE    CONTRIBUTORY   RETIREMENT   SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-two  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  thirty-seven  F,  inserted  by  section 
two  of  chapter  four  hundred  and  sixty-four  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following :  —  Section  37 F.  A  member  of  any 
contributory  retirement  system  established  under  this  chap- 
ter or  similar  provisions  of  earlier  law  who,  within  five 
years  prior  to  becoming  such  a  member,  was  in  the  employ 
of  any  governmental  unit,  subdivision  or  agency  of  the 
commonwealth,  other  than  that  by  which  he  is  presently 
employed,  for  a  period  during  which  such  other  unit,  sub- 
division or  agency  had  no  contributory  retirement  system, 
may,  on  or  before  December  thirty-first,  nineteen  hundred 
and  thirty-nine,  or  within  one  year  after  becoming  such  a 
member,  whichever  is  the  later  date,  pay  into  the  annuity 
savings  fund  of  the  system  of  which  he  is  a  member  an 
amount  equal  to  the  assessments  which  he  would  have  paid 
during  the  period  of  his  service  with  such  other  unit,  sub- 
division or  agency,  not  exceeding  ten  years  immediately 
prior  to  his  last  separation  therefrom,  if  the  system  of  which 
he  is  a  member  had  been  in  operation  in  such  other  unit,  sub- 


Acts,  1939.  —  Chap.  317.  379 

division  or  agency  during  such  period  of  service  and  if  such 
service  had  been  rendered  in  a  position  subject  to  such  sys- 
tem, together  with  interest  at  three  per  cent,  compounded 
annually,  for  the  period  during  which  assessments  would 
have  been  so  paid.  Such  payment  may  be  made  either  (1) 
in  one  sum,  with  interest  thereon  at  three  per  cent,  com- 
pounded annually,  from  the  date  when  he  became  a  mem- 
ber, or  (2)  by  a  deposit  within  said  year  of  not  less  than 
twenty-five  dollars,  and  thereafter  by  equal  monthly  in- 
stalments over  a  period  of  not  more  than  five  years,  but  in 
no  event  to  extend  beyond  the  date  upon  which  he  attains 
age  sixty,  such  instalments  to  be  deducted  with  each  regular 
deduction  from  his  regular  compensation  for  the  retirement 
fund,  and  to  be  in  such  amounts  that  at  the  end  of  the 
period  hereinbefore  referred  to  his  total  payments,  with 
interest  thereon  at  three  per  cent,  compounded  annually, 
shall  have  amounted  to  the  sum  which  he  might  have  paid 
in  full  at  the  time  of  making  his  initial  payment,  with  inter- 
est thereon  at  three  per  cent,  as  so  compounded. 

Approved  June  26,  1939. 


An  Act  regulating  the  manufacture,  sale  and  deliv-  Cf^av  317 

ERY    OF   CERTAIN    MILK    BEVERAGES,    SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-four  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  forty-eight  B,  inserted  f  48c^mserted. 
by  chapter  two  hundred  and  fifty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-five,  the  following  new  section:  — 
Section  Jj.8C.  For  the  purposes  of  this  section,  a  milk  bever-  Manufacture, 
age  is  hereby  defined  as  being  a  beverage  consisting  of  milk  blve^agM,''' 
or  skimmed  milk,  to  which  has  been  added  a  sirup  or  flavor  regulated. 
consisting  of  wholesome  ingredients.  No  person,  himself  or 
by  his  agent,  shall  sell,  deliver  or  distribute,  or  have  in  his 
custody  or  possession  with  intent  to  sell,  deliver  or  distrib- 
ute, any  milk  beverage  contained  in  a  sealed  bottle  or  other 
sealed  container  unless  he  is  licensed  under  section  forty  by 
an  inspector  of  milk,  in  any  town  wherein  such  an  inspector 
is  appointed,  nor  unless  the  milk  or  skimmed  milk,  as  the 
case  m.ay  be,  contained  in  the  milk  beverage  conforms  to  the 
legal  standard  fixed  therefor  by  section  twelve,  nor  unless 
the  container  thereof  bears  a  label,  cap  or  tag  on  which  is 
printed  in  legible  type  the  words  "Milk  Beverage"  or  "Milk 
Beverage  (Skimmed  Milk)",  according  as  the  principal  in- 
gredient thereof  is  milk  or  skimmed  milk.  The  board  of 
health  of  any  city  or  town  may  make  reasonable  regulations 
pertaining  to  the  manufacture,  sale  and  delivery  or  distribu- 
tion therein  of  any  milk  beverage.  Whoever  violates  any 
provision  of  this  section,  or  of  any  regulation  made  under 
authority  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars. 

Approved  June  26,  1939, 


380 


Acts,  1939.  —  Chaps.  318,  319. 


G.  L.  (Ter. 
Ed.),  150A, 
I  5,  etc., 
amended. 


Chap. 318  An  Act  relative  to  the  designating   of  bargaining 

UNITS     UNDER     THE     STATE     LABOR     RELATIONS     LAW,     SO 
CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  one  hundred  and  fifty  A  of  the 
General  Laws,  inserted  by  section  two  of  chapter  three  hun- 
dred and  forty-five  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  amended  by  adding  at  the  end  of 
subsection  (6)  the  following: — ;  provided,  that,  in  any 
case  where  the  majority  of  employees  of  a  particular  craft 
shall  so  decide,  the  commission  shall  designate  such  craft  as 
a  unit  appropriate  for  the  purpose  of  collective  bargaining, 
—  so  that  said  subsection  (6)  will  read  as  follows :  — 

(b)  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  appro- 
priate for  the  purposes  of  collective  bargaining  shall  be  the 
employer  unit,  craft  unit,  plant  unit,  or  subdivision  thereof; 
provided,  that,  in  any  case  where  the  majority  of  employees 
of  a  particular  craft  shall  so  decide,  the  commission  shall 
designate  such  craft  as  a  unit  appropriate  for  the  purpose  of 
collective  bargaining.  Approved  June  26,  1939. 


Bargaining 
units. 


C/iaX). 319  An  Act  abolishing  employees'  contributions  to  the 

UNEMPLOYMENT    COMPENSATION    FUND. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  151A, 
§  1,  etc., 
amended. 


Employment 
service. 


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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Clause  (5)  of  subdivision  (/)  of  section  one 
of  chapter  one  hundred  and  fifty-one  A  of  the  General  Laws, 
as  appearing  in  section  one  of  chapter  four  hundred  and 
twenty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  amended  by  inserting  after  the  word  "em- 
ploy" in  the  seventh  line  the  words: — ,  or  from  such 
instrumentality  alone,  —  and  by  striking  out,  in  the  twelfth 
line,  the  words  "and  of  individuals  in  their  employ",  —  so 
as  to  read  as  follows :  —  (5)  Service  performed  in  the  employ 
of  the  United  States  or  of  an  instrumentality  of  the  United 
States;  provided  that  this  exception  shall  not  apply  to 
service  performed  in  the  employ  of  any  instrumentality  of 
the  United  States  if  and  so  long  as  the  congress  permits  the 
exaction  of  payments  to  an  unemployment  fund  under  a 
state  law  from  such  instrumentality  and  from  individuals  in 
its  employ,  or  from  such  instrumentahty  alone;  and,  pro- 
vided, further,  that  if  this  commonwealth  should  not  be 
certified  by  the  federal  social  security  board  under  section 


Acts,  1939.  —  Chap.  319.  381 

nine  hundred  and  three  of  the  federal  social  security  act 
for  any  year,  then  the  payments  required  of  such  instru- 
mentalities with  respect  to  such  year  shall  be  deemed  to 
have  been  erroneously  collected  within  the  meaning  of  sec- 
tion eight  of  this  chapter. 

Section  2.    Said  chapter  one  hundred  and  fifty-one  A  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  three,  as  so  f t.^et^c^,^^' 
appearing,  and  inserting  in  place  thereof  the  following :  —  amended. 
Section  3.     Each   employer  shall  make   contributions  for  Employer's 
each  year  at  the  rate  of  two  and  seven  tenths  per  cent  of  contributions. 
so  much  of  his  pay  roll  as  is  subject  to  this  chapter. 

Section  3.    Said  chapter  one  hundred  and  fifty-one  A  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  four,  as  §  4,  etc.,    ' 
most  recentl}^  amended  by  section  two  of  chapter  four  hun-  amended. 
dred   and  seventy  of  the   acts   of  nineteen  hundred   and 
thirty-eight,  and  inserting  in  place  thereof  the  following :  — 
Section  4-     Default  in  payment  of  contributions  by  an  em-  Default. 
ployer  shall  not  in  any  manner  adversely  affect  the  rights  ^^'"''^  "^• 
of  any  employee  otherwise  eligible  for  benefits. 

Section  4.     Section  eight  of  said  chapter  one  hundred  g^^- {Tj^^- 
and  fifty-one  A,  as  appearing  in  section  one  of  chapter  four  §8.  etc  '  ' 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred  '''"^"  "  ' 
and  thirty-seven,  is  hereby  amended  by  striking  out  the  last  ^^"^J^^tments, 
paragraph. 

Section  5.    Section  nine  of  said  chapter  one  hundred  and  g-^L.  |Ter. 
fifty-one  A,  as  so  appearing,  is  hereby  amended  by  striking  §  o',  etc., '  ' 
out,  in  the  third  line,  the  words  "on  his  own  behalf",  —  so  ^'^'''^^^'^■ 
as  to  read  as  f ollow^s :  —  Section  9.     The  commission  shall  Ref o^'s- 
maintain  a  separate  account  for  each  employer,  crediting 
his  account  with  all  the  contributions  which  he  has  paid 
during  each  year. 

The  commission  shall  maintain  suitable  records  for  each 
employee  on  which  may  be  recorded  his  quarterly  wages 
and  such  other  pertinent  information  as  the  commission 
may  prescribe. 

Section  6.    Section  ten  of  said  chapter  one  hundred  and  ^j^{JfX' 
fifty-one  A,  as  so  appearing,  is  hereby  amended  by  striking  §  10,'  etc.,  ' 
out,  in  the  fourth  line,  the  words  "either  on  his  own  account  '*™^"'^^'^- 
or  on  behalf  of  his  employees",  —  so  as  to  read  as  follows:  — 
Section  10.     Nothing  in  this  chapter  shall  be  construed  to  claims 
grant  any  employer  or  any  of  his  employees  prior  claims  or  °"  ^""''■''■ 
rights  to  the  amount  paid  by  such  employer  to  the  fund. 
All  contributions  to  the  fund  shall  be  pooled  and  available 
to  pay  benefits  to  any  employee  entitled  thereto  under  this 
chapter,  irrespective  of  the  source  of  such  contributions. 

Section  7.    Section  twelve  of  said  chapter  one  hundred  fsiA.'Hs.^to!' 
and  fifty-one  A,  as  so  appearing,  is  hereby  amended  by  amended. ' 
striking  out  the  last  sentence.  STa''x''es'om' 

Section  8.  Said  chapter  one  hundred  and  fifty-one  A  is  q  l  (Ter. 
hereby  further  amended  by  striking  out  section  twenty-two  A,  e^-^-.  ^^^^• 
as  so  appearing,  and  inserting  in  place  thereof  the  following:  amended.^ ' 
—  Section  22 A .  Any  employer  desirous  of  employing  addi-  casual  em- 
tional  employees  for  short  time  or  emergency  work  only,  pi«y'"«it. 


382 


Acts,  1939.  —  Chap.  319. 


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


Administration 
account. 


Temporary 
provisions. 


Effective 
date. 


for  a  period  of  not  more  than  four  weeks,  without  Hability 
for  benefits  for  such  employees,  may  obtain  express  per- 
mission from  the  commission  for  such  employment,  which 
shall  thereupon  be  deemed  casual  employment  and  exempted 
from  the  provisions  of  this  chapter.  The  commission  shall 
make  and  publish  rules  governing  the  exemption  of  such 
casual  employment  and  distinguishing  it  from  part-time 
employment. 

Section  9.  Section  forty-two  of  said  chapter  one  hun- 
dred and  fifty-one  A,  as  so  appearing,  is  hereby  further 
amended  by  striking  out,  in  the  twelfth  and  thirteenth  lines, 
the  words  "and  employees",  —  so  as  to  read  as  follows:  — 
Section  Jf.2.  There  is  hereby  created  the  unemployment  com- 
pensation administration  account,  hereinafter  and  in  the 
two  following  sections  called  the  account,  to  consist  of  all 
moneys  appropriated  by  the  commonwealth  for  the  adminis- 
tration of  this  chapter  and  of  all  moneys  received  under 
this  chapter  or  under  federal  law  and  designated  for  the  ad- 
ministration of  this  chapter  or  for  said  account.  The  entire 
cost  of  the  administration  of  this  chapter,  including  salaries, 
cost  of  public  employment  offices,  and  other  expenditures 
and  expenses  required,  shall  be  paid  out  of  the  account; 
provided,  that  in  no  case  shall  the  administrative  expenses 
exceed  ten  per  cent  of  the  annual  contributions  of  employers. 
The  account  shall  be  kept  and  accounted  for  by  the  state 
treasurer  in  the  same  manner  as  other  moneys  of  the  com- 
monwealth, except  that  its  annual  balances  shall  be  carried 
forward  and  shall  remain  continuously  available  to  the 
commission  solely  for  the  purposes  herein  specified.  The 
state  treasurer  shall  give  a  separate  and  additional  bond, 
conditioned  on  the  faithful  performance  of  his  duties  as 
custodian  of  the  moneys  in  the  account,  in  an  amount  recom- 
mended by  the  commission  and  approved  by  the  governor 
and  council  and  with  surety  or  sureties  satisfactory  to  the 
attorney  general.  Such  bond  shall  be  deposited  with  the 
state  secretary.  Premiums  upon  bonds  required  pursuant 
to  this  section  shall  be  paid  from  the  account. 

Section  10.  Notwithstanding  the  provisions  of  this  act, 
the  provisions  of  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws  regulating  employee  contributions  and 
in  force  immediately  prior  to  the  effective  date  of  this  act 
shall  remain  in  force  with  respect  to  employee  contributions 
which  were  paid  or  should  have  been  withheld  and  paid  by 
an  employer  under  said  provisions,  and  this  act  shall  not 
affect  any  duty  or  obligation  of  any  employer  with  respect 
to  any  such  employee  contributions. 

Section  11.  This  act  shall  take  effect  on  July  first  in  the 
current  year.  Approved  June  SO,  1939. 


Acts,  1939.  —  Chaps.  320,  321.  383 


An  Act  authorizing  the  town  of  warren  to  borrow  (Jii^y  320 

MONEY    FOR    THE    PURPOSE    OF    BUILDING    AND    FURNISHING  ^' 

AN   ADDITION   TO    THE    EAST   SCHOOL   BUILDING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  building  an  addition  to 
and  making  alterations  in  the  East  School  building  and  of 
originally  equipping  and  furnishing  said  addition,  the  town 
of  Warren,  after  compliance  with  section  two  and  subject 
to  the  provisions  thereof,  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, forty  thousand  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words,  Warren 
School  Loan,  Act  of  1939.  Each  authorized  issue  shall  con- 
stitute a  separate  loan,  and  such  loans  shall  be  paid  in  not 
more  than  twenty  years  from  their  dates.  Indebtedness  in- 
curred under  this  act  shall  be  in  excess  of  the  statutory 
Umit,  and  shall,  except  as  provided  herein,  be  subject  to 
chapter  forty-four  of  the  General  Laws,  exclusive  of  the 
limitation  contained  in  the  first  paragraph  of  section  seven 
thereof. 

Section  2.  Within  three  months  from  the  passage  of 
this  act,  the  selectmen  of  said  town  shall  take  any  and  all 
steps  necessary  to  enable  the  town  to  secure  for  said  pur- 
poses any  benefits  to  which  said  town  may  be  entitled  under 
the  National  Industrial  Recovery  Act  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  or  any  other  act  of 
congress.  If  a  grant  offer  is  received  from  the  federal  gov- 
ernment for  the  purposes  of  this  act,  the  amount  herein  au- 
thorized to  be  borrowed  shall  be  [reduced  by  the  amount  of 
such  grant  offer. 

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

Approved  June  SO,  1939. 


An  Act  changing  the  name  of  the  board  of  water  pi        091 

COMMISSIONERS  OF  THE  TOWN  OF  ROCKPORT,  AND  AUTHOR-  ^'^^V''^^^ 
IZING    SAID    BOARD   TO    EXERCISE   AND    PERFORM   THE    POW- 
ERS AND  DUTIES  OF  SEWER  COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  water  commissioners  of  the 
town  of  Rockport  shall,  in  addition  to  the  powers  and  duties 
heretofore  vested  by  law  in  it,  exercise  and  perform  in  said 
town  all  the  powers  and  duties  vested  by  general  law  in 
sewer  commissioners.  The  board  shall  hereafter  be  known 
as  the  board  of  sewer  and  water  commissioners. 

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

Approved  June  30,  1939. 


384  Acts,  1939.  —  Chaps.  322,  323,  324. 


Chap. S22  An  Act  relative  to  replacing  lost  or  mutilated  plates 

AND  LOST  OR  DESTROYED  CERTIFICATES,  PERMITS  AND 
LICENSES  ISSUED  TO  CARRIERS  OF  PROPERTY  BY  MOTOR 
VEHICLE. 


Emergency 
preamble. 


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

Be  it  enacted,  etc.,  as  follows: 

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

§  lOA^fns^rted.  Laws,  as  appearing  in  section  one  of  chapter  four  hundred 
and  eighty-three  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  amended  by  inserting  after  section  ten 
Replacement  the  followiug  new  sectiou:  —  Section  10 A.  The  department 
plates,  etc.  may  issue  additional  plates  to  replace  such  plates  issued 
under  section  nine  or  ten  as  have  been  lost  or  mutilated  or 
as  are  illegible,  upon  payment  of  a  fee  of  one  dollar  for  each 
such  additional  plate.  It  may  issue  a  dupUcate  certificate, 
permit  or  hcense  in  place  of  one  issued  under  this  chapter 
which  has  been  lost  or  destroyed,  upon  payment  of  a  fee  of 
twenty-five  cents.  Approved  June  30,  1939. 


Chap.S2S  An  Act  reviving  the  sherman  rest  home  for  certain 

PURPOSES. 

Emergency  Wkcreas,    The  deferred  operation  of  this  act  would  tend 

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

an  emergency  law,  necessary  for  the  immediate  preservation 

of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  Sherman  Rest  Home,  a  charitable  corporation  dis- 
solved by  section  one  of  chapter  two  hundred  and  fifty-five 
of  the  acts  of  nineteen  hundred  and  twenty-seven,  is  hereby 
revived  and  continued  for  a  period  of  two  years  from  the 
effective  date  of  this  act  for  the  sole  purposes  of  selling  and 
conveying  title  to  certain  property  situated  in  the  city  of 
Chicopee  and  of  distributing  the  proceeds  and  all  other 
funds  held  in  its  name  to  those  entitled  thereto. 

Approved  June  30,  1939. 


Chap. 324:  An  Act  reviving  the  r.  e.  cox  coal  co.,  inc.  for  the 

PURPOSE   OF   SELLING   AND   CONVEYING   CERTAIN   PROPERTY 
AND   DISTRIBUTING   THE    PROCEEDS   THEREOF. 

Emergency  Whcreas,    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  pubhc  convenience. 


Acts,  1939.  —  Chap.  325.  385 

Be  it  enacted,  etc.,  as  follows: 

The  R.  E.  Cox  Coal  Co.,  Inc.,  a  corporation  dissolved  by 
section  one  of  chapter  eight  of  the  acts  of  nineteen  hundred 
and  thirty-five,  is  hereby  revived  and  continued  for  a  period 
of  two  years  from  the  effective  date  of  this  act  for  the  sole 
purposes  of  selhng  and  conveying  title  to  certain  property 
situated  in  the  city  of  Lowell  and  of  distributing  the  pro- 
ceeds of  said  sale  among  those  entitled  thereto. 

Approved  June  30,  1939. 

An  Act  relative  to  operation  in  this  commonwealth  QIiqjj  325 

WITHOUT    registration    OF    MOTOR    VEHICLES    OWNED    BY  F-        ' 

non-residents. 

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

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety  of  the  General  Laws  is  hereby  amended  g.  l.  (Ter. 
by  striking  out  section  three,  as  amended  by  chapter  one  ^tt! 'amended. 
hundred  and  eighty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-three,  and  inserting  in  place  thereof  the  following :  — 
Section  3.  Subject  to  the  provisions  of  section  three  A  and  Registration 
except  as  otherwise  provided  in  section  ten,  a  motor  vehicle  vehTde^owned 
or  trailer  owned  by  a  non-resident  who  has  comphed  with  re^gidents. 
the  laws  relative  to  motor  vehicles  and  trailers,  and  the 
registration  and  operation  thereof,  of  the  state  or  country 
of  registration,  may  be  operated  on  the  ways  of  this  com- 
monwealth without  registration  under  this  chapter,  to  the 
extent,  as  to  length  of  time  of  operation  and  otherwise,  that, 
as  finally  determined  by  the  registrar,  the  state  or  country 
of  registration  grants  substantially  similar  privileges  in  the 
case  of  motor  vehicles  and  trailers  duly  registered  under  the 
laws  and  owned  by  residents  of  this  commonwealth;  pro- 
vided, that  no  motor  vehicle  or  trailer  shall  be  so  operated 
on  more  than  thirty  days  in  the  aggregate  in  any  one  year 
or,  in  any  case  where  the  owner  thereof  acquires  a  regular 
place  of  abode  or  business  or  employment  within  the  com- 
monwealth, beyond  a  period  of  thirty  days  after  the  acqui- 
sition thereof,  except  during  such  time  as  the  owner  thereof 
maintains  in  full  force  a  policy  of  liability  insurance  pro- 
viding indemnity  for  or  protection  to  him,  and  to  any  person 
responsible  for  the  operation  of  such  motor  vehicle  or  trailer 
with  his  express  or  implied  consent,  against  loss  by  reason 
of  the  liability  to  pay  damages  to  others  for  bodily  injuries, 
including  death  at  any  time  resulting  therefrom,  caused  by 
such  motor  vehicle  or  trailer,  at  least  to  the  amount  or  limits 
required  in  a  motor  vehicle  liability  poHcy  as  defined  in 
section  thirty-four  A. 

In  any  prosecution  or  proceeding  other  than  an  action  to 
recover  damages  for  bodily  injuries  or  death  arising  out  of 


386  Acts,  1939.  —  Chap.  326. 

an  accident  in  which  such  a  motor  vehicle  or  trailer  was  in- 
volved, proof  that  the  owner  or  operator  of  such  a  motor 
vehicle  or  trailer,  while  operating  the  same  during  such  addi- 
tional time,  fails  to  have  on  his  person  or  in  the  vehicle  in 
an  easily  accessible  place  a  policy  providing  such  insurance 
or  a  certificate  of  an  insurance  company  stating  that  such 
a  policy  has  been  issued,  shall  be  prima  facie  evidence  that 
insurance  was  not  being  maintained  as  required  by  this 
section,  and  in  any  such  action  to  recover  damages  proof  of 
such  failure  at  the  time  of  the  accident  shall  create  a  pre- 
sumption, which  may  be  rebutted,  that  such  insurance  was 
not  then  being  maintained  as  so  required. 

The  registrar  may  suspend  or  revoke  the  right  of  any  non- 
resident operator  to  operate  in  this  commonwealth,  and  may 
suspend  or  revoke  the  right  of  any  non-resident  owner  to 
operate  or  have  operated  in  this  commonwealth  any  motor 
vehicle  or  trailer  for  the  same  causes  and  under  the  same 
conditions  that  he  can  take  such  action  regarding  resident 
owners,  operators,  motor  vehicles  and  trailers  owned  in  this 
commonwealth.  Every  such  vehicle  so  operated  shall  have 
displayed  upon  it  number  plates,  substantially  as  provided 
in  section  six,  bearing  the  distinguishing  number  or  mark 
of  the  state  or  country  in  which  such  vehicle  is  registered, 
and  none  other  except  as  authorized  by  this  chapter. 

Approved  June  SO,  1939. 


Chap.S26  An  Act  providing  for  the  reporting  of  congenital 

DEFORMITIES    AND    OTHER    CRIPPLING    CONDITIONS    IN    IN- 
FANTS. 

Be  it  enacted,  etc.,  as  follows: 
G-jL.^Ter  SECTION  1.    Section  three  of  chapter  forty-six  of  the  Gen- 

ameAded.    '     cral  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  at  the  end  the  following  new 
paragraph :  — 
^n^°ni"1  °^  Within  sixty  days  after  the  date  of  the  birth  of  any  child 

deformities,       bom  in  the  commonwealth  with  visible  congenital  deformi- 
fnfa'nts.  ^^^s.  Or  any  condition  apparently  acquired  at  birth  which 

may  lead  to  crippling,  the  physician  in  attendance  upon 
said  birth  shall  prepare  upon  a  form  provided  by  the  state 
department  of  public  health  and  file  with  the  clerk  of  the 
town  where  such  birth  occurred  a  report  setting  forth  such 
visible  congenital  deformity,  or  any  condition  apparently 
acquired  at  birth  which  may  lead  to  crippling.  Said  clerk 
shall  transmit  forthwith  to  said  department  such  supple- 
mentary report  of  such  birth.  The  contents  of  such  report 
shall  be  solely  for  the  use  of  said  department  in  connection 
with  its  functions  relative  to  crippled  children,  and  such 
report  shall  not  be  open  to  public  inspection  or  constitute  a 
public  record. 
G.  L.  (Ter.  Section  2.    Sectiou  tweuty-six  of  said  chapter  forty-six, 

amend^.*^^'    as  SO  appearing,  is  hereby  amended  by  inserting  after  the 


Acts,  1939.  —  Chap.  327.  387 

word  "cents",  in  the  eleventh  line,  the  following  new  sen- 
tence :  —  For  each  report  of  a  congenital  deformity  or  other  Fees. 
crippHng  condition  transmitted  under  the  last  paragraph  of 
section  three,  a  city  or  town  clerk  shall  receive  from  the 
state  department  of  public  health  a  fee  of  fifty  cents,  twenty- 
five  cents  of  which  shall  be  paid  by  said  clerk  to  the  physi- 
cian making  such  report.  Approved  June  SO,  1939. 


An  Act  relative  to  the  retirement  of  members  of  the  CJidy  327 

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 
striking  out  section  one,  as  amended  by  section  one  of  chap- 
ter one  hundred  and  fifty-three  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  and  inserting  in  place  thereof  the 
following:  —  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  said  city, 
who,  by  injuries  sustained  through  no  fault  of  his  own  and 
in  the  actual  performance  of  his  duty,  has  become  perma- 
nently disabled,  mentally  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 
department  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  for  further  useful  service  in 
the  department;  provided,  that  no  member  of  said  depart- 
ment shall  be  retired  for  permanent  total  disability  except 
upon  the  certificate  of  the  city  physician,  which  certificate 
shall  be  filed  with  the  records  of  said  department.  Every 
person  retired  under  authority  of  this  act  shall  annually  re- 
ceive as  a  pension  a  sum  equal  to  one  half  of  the  highest 
salary  or  other  compensation  received  since  May  first,  nine- 
teen hundred  and  thirty-one,  by  members  of  said  depart- 
ment holding  positions  in  the  grade  occupied  by  him  at  the 
time  of  his  retirement;  the  said  amount  to  be  paid  by  said 
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. 

Section  3.  This  act  shall  apply  to  the  retirement  allow- 
ances of  firemen  of  said  city  retired  since  January  first,  nine- 
teen hundred  and  thirty-one  and  prior  to  the  effective  date 
of  this  act  as  well  as  to  those  retired  after  said  effective  date. 

Approved  June  SO,  1939, 


388  Acts,  1939.  —  Chaps.  328,  329,  330. 


Chap.S28  An  Act  relative  to  the  sale  of  certain  land  held  by 

THE  commonwealth  IN  THE  CITY  OF  WORCESTER  AND  IN 
THE  TOWN  OF  LEICESTER  FOR  MILITARY  PURPOSES  AND  NO 
LONGER   NEEDED    THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  three  hundred  and  sixty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-one  is  hereby 
amended  by  inserting  after  the  word  "and"  in  the  fourth 
line  the  words :  —  ,  except  in  case  of  the  sale  thereof  to  said 
city  of  Worcester,  —  so  as  to  read  as  follows :  —  Section  2. 
Such  land  shall  be  sold  only  after  the  intention  to  sell  is 
advertised  once  in  each  of  three  successive  weeks  preceding 
the  date  of  such  proposed  sale,  in  a  newspaper  published  in 
the  city  of  Worcester,  and,  except  in  case  of  the  sale  thereof 
to  said  city  of  Worcester,  only  after  the  receipt  of  sealed 
bids  opened  in  pubHc.  Such  land  shall  be  conveyed  upon 
payment  to  the  state  treasurer  of  the  purchase  price,  and 
there  shall  be  included  in  the  deed  a  statement  that  the  pro- 
visions of  this  act  have  been  complied  with. 

Approved  June  30,  1939. 

Chap. 32^  An  Act  to  authorize  the  trustees  of  Massachusetts 

STATE  COLLEGE  TO  RETAIN  AND  MANAGE  IN  A  REVOLVING 
FUND  OR  REVOLVING  FUNDS  THE  RECEIPTS  FROM  STUDENT 
ACTIVITIES. 

Be  it  enacted,  etc.,  as  folloivs.- 
^^iV^^-r.^        Chapter   seventy-five    of    the    General    Laws    is    hereby 
inserted.'  ''^'  '    amended  by  inserting  after  section  five,  as  amended,  the  fol- 
Management     lowing  uew  sectiou  I  —  Section  5 A .    All  receipts  from  student 
Funds.^""^^        activities,  including  the  operation  of  the  college  store,  stu- 
dent operation  of  the  home  economics  practice  house,  dra- 
matics, debating,  musical  clubs,  band,  athletics  and  other 
like  activities,  shall  be  retained  by  the  trustees  in  a  revolving 
fund  or  revolving  funds  and  shall  be  expended  as  the  trus- 
tees shall  direct  in  furthering  the  activities  from  which  the 
receipts  were  derived;    provided,  that  the  foregoing  shall 
not  authorize  any  action  in  contravention  of  the  require- 
ments of  section  one  of  Article  LXIII  of  the  amendments 
to  the  constitution.    The  said  fund  or  funds  shall  be  subject 
to  annual  audit  by  the  state  auditor. 

Approved  June  30,  1939. 


Chap. 330  An   Act  establishing   the   retirement  allowance   of 

RICHARD      MCDONNELL      UNDER      THE     STATE     RETIREMENT 
SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

The  rate  of  the  retirement  allowance  of  Richard  McDon- 
nell, formerly  an  employee  of  the  state  department  of  public 


ACTS;  1939.  —  Chaps.  331,  332.  389 

works,  and  retired  under  the  state  retirement  system,  is 
hereby  increased  to  an  amount  equal  to  one  half  the  regular 
rate  of  compensation  paid  to  him  at  the  time  of  his  retire- 
ment. Ay-proved  June  30,  1939. 


An  Act  removing  the  limitation  on  the  cost  of  con-  nh(,.yy  qqi 

STRUCTION  OF  A  CERTAIN  SEA  WALL  IN  THE  CITY  OF  QUINCY.        '        /  * 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  nine  of  the  acts  of  nineteen 
hundred  and  thirty-eight  is  hereby  amended  by  striking  out 
the  second  sentence, — so  as  to  read  as  follows:  —  Subject 
to  the  conditions  herein  imposed,  the  department  of  public 
works  is  hereby  authorized  and  directed  to  construct  a  sea 
wall  along  the  shore  of  Great  Hill,  so  called,  in  the  city  of 
Quincy  from  a  point  at  or  about  one  hundred  feet  northerly 
of  the  property  of  the  Quincy  Yacht  Club  to  a  point  at  or 
near  the  property  on  which  the  pumping  station  of  the 
south  metropolitan  sewerage  system  is  located.  For  said 
purposes  there  shall  be  allowed  and  paid  out  of  the  state 
treasury,  subject  to  appropriation,  the  sum  of  sixteen  thou- 
sand dollars;  provided,  that  no  part  of  this  amount  shall 
be  expended  until  not  less  than  fifty-nine  thousand  dollars 
shall  have  been  allotted  for  the  improvement  aforesaid  un- 
der the  provisions  of  any  appropriate  federal  statute  and 
the  city  of  Quincy  shall  have  paid  into  the  state  treasury 
the  sum  of  sixteen  thousand  dollars  for  said  improvement. 

Approved  June  30,  1939. 


An  Act  relative  to  certain  appointments  in  the  serv-  nh^j^  ooo 

ICE  OF  the  city  of  BOSTON  MADE  BETWEEN  THE  TIME  OF  P-OOZ 

THE  ELECTION  OF  A  NEW  MAYOR  AND  HIS  QUALIFICATION 
AND  TO  SALARY  INCREASES  OF  CERTAIN  EMPLOYEES  OF 
THE  CITY  OF  BOSTON  AND  COUNTY  OF  SUFFOLK  MADE 
DURING   SUCH    PERIOD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  term  or  tenure  of  office  of  the  holder  of 
any  office  or  position  in  the  service  of  the  city  of  Boston  who 
is  appointed  between  an  election  at  which  a  new  mayor  is 
elected  as  successor  to  the  mayor  last  previously  elected 
and  the  qualification  of  such  successor  shall  expire  or  termi- 
nate on  January  thirty-first  next  following  such  appoint- 
ment by  operation  of  law,  notwithstanding  the  provisions 
of  chapter  thirty-one  of  the  General  Laws  or  any  other  pro- 
vision of  law.  No  increase  in  salary  or  compensation  granted 
by  the  city  of  Boston  or  Suffolk  county  during  any  such 
period  to  any  officer  or  employee  paid  by  it  or  partly  by 
said  county  and  partly  by  the  commonwealth,  except  step 
rate  increases,  so  called,  shall  be  effective  after  January 
thirty-first  next  following  the  end  of  such  period. 


390  Acts,  1939.  —  Chap.  333. 

Section  2.  The  provisions  of  this  act  shall  not  apply  to 
appointments  by  the  superintendent  of  schools  of  the  city 
of  Boston  approved  by  the  school  committee  of  said  city. 

Approved  June  SO,  1939. 

Chap.^^S  An  Act  requiring  the  state  fire  marshal  to  notify 

LOCAL  authorities  OF  APPLICATIONS  FOR  REINSTATE- 
MENT OF  LICENSES  FOR  THE  ERECTION  AND  USE  OF 
BUILDINGS  AND  OTHER  STRUCTURES  FOR  STORING,  MANU- 
FACTURING AND  SELLING  CERTAIN  EXPLOSIVES  AND  INFLAM- 
MABLE MATERIALS,  AND  OF  THE  ACTION  TAKEN  THEREON. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Sectlon  thirteen  of  chapter  one  hundred  and  forty-eight 

ftcil'ameAdUi^'  of  the  General  Laws,  as  most  recently  amended  by  chapter 
ninety-nine  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
is  hereby  further  amended  by  adding  after  the  word  "li- 
cense" in  the  sixty-fifth  line,  as  appearing  in  section  one  of 
chapter  three  hundred  and  ninety-four  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  following  new  sentence :  — 
The  marshal  shall  give  written  notice  of  such  application, 
and  of  the  date  of  the  hearing  thereon,  to  the  head  of  the 
fire  department  of  the  city  or  town  wherein  is  situated  the 
land  to  which  such  application  relates  and  shall,  after  such 
hearing,  notify  in  like  manner  the  clerk  of  such  city  or  town 
of  the  action  taken  on  such  application,  —  so  that  the  para- 
graph contained  in  the  fifty-second  to  the  sixty-fifth  lines, 
as  so  appearing,  will  read  as  follows :  — 
storage  of  The  marshal  may,  upon  application  and  after  a  public 

exp  osives,  e  o.  ^^^^.^^^^  reinstate  and  continue  in  force  and  effect  any  li- 
cense granted  prior  to  July  first,  nineteen  hundred  and 
thirty-six,  for  the  keeping,  storage,  manufacture  or  sale  of 
any  of  the  articles  named  in  said  section  nine,  except  fire- 
works, firecrackers  and  torpedoes,  irrespective  of  the  extent 
of  the  use  and  occupancy  of  buildings  or  other  structures 
made  or  had  under  said  license  prior  to  the  date  of  such  rein- 
statement and  continuance,  anything  in  the  provisions  of 
this  chapter  to  the  contrary  notwithstanding,  unless  prior 
to  such  reinstatement  and  continuance  said  license  has  been 
revoked  for  cause  or  the  marshal  shall  have  determined  that 
a  fire  or  explosion  hazard  would  result  from  the  exercise  of 
such  license.  The  marshal  shall  give  written  notice  of  such 
application,  and  of  the  date  of  the  hearing  thereon,  to  the 
head  of  the  fire  department  of  the  city  or  town  wherein  is 
situated  the  land  to  which  such  application  relates  and  shall, 
after  such  hearing,  notify  in  like  manner  the  clerk  of  such 
city  or  town  of  the  action  taken  on  such  application. 

Approved  June  SO,  1939. 


Acts,  1939.  —  Chaps.  334,  335.  391 


An  Act  relative  to  the  use  of  a  part  of  the  sewage  (7/2ap.334 

DISPOSAL  AREA  IN   THE  TOWN   OF  BARNSTABLE  FOR  OTHER 
MUNICIPAL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  Barnstable  is  hereby  authorized  to  use  any 
part  of  its  sewage  disposal  area  near  the  village  of  Hyannis, 
bounded  by  Pitcher's  way,  Bearse's  way  and  the  state  high- 
way called  Route  28,  and  not  needed  in  the  operation  of  its 
sewer  system  for  the  disposal  of  sewage,  for  such  other 
municipal  purposes  as  it  may  from  time  to  time  determine 
by  a  two  thirds  vote  at  any  annual  town  meeting,  and  may 
prescribe  rules  and  regulations  and  adopt  by-laws,  not  repug- 
nant to  law,  relative  to  the  care,  custody  and  control  of  the 
same  when  used  for  such  other  municipal  purposes. 

Approved  June  30,  1939. 

An  Act  relative  to  the  delegation  by  the  department  (Jjif^ry  335 

OF    public    utilities    of    certain    OF    ITS    POWERS    AND  ^' 

DUTIES   TO   THE   COMMERCIAL  MOTOR  VEHICLE   DIVISION   IN 
SAID    DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twelve  F  of  chapter  twenty-five  of  ^j^-^J^''- 
the  General  Laws,  inserted  therein  by  section  one  of  chap-  §  \2¥,  etc., 
ter  four  hundred  and  five  of  the  acts  of  nineteen  hundred  and  '^'"^"'led. 
thirty-five  and  as  amended  by  section  two  of  chapter  four 
hundred  and  seventy-seven  of  the  acts  of  nineteen  hundred 
and  thirty-five,  is  hereby  further  amended  by  striking  out, 
in  the  eleventh  and  twelfth  lines,  the  words  "chapters  one 
hundred   and    fifty-nine   A   and"    and   inserting   in   place 
thereof  the  word :  —  chapter,  —  and  by  striking  out,  in  the 
thirteenth  fine,  the  word  "chapters"  and  inserting  in  place 
thereof  the  word :  —  chapter,  —  so  as  to  read  as  follows :  — 
Section  12F.    There  shall  be  in  the  department,  and  under  Commercial 
the  general  supervision  and  control  of  the  commission,  a  di^Yon.^^'"'^ 
commercial  motor  vehicle  division  which  shall  be  under  the  Director. 
charge  of  a  director,  who  shall  be  subject  to  chapter  thirty- 
one  and  the  rules  and  regulations  made  under  authority 
thereof.     The  commission  shall  appoint  said  director  and, 
subject  to  the  approval  of  the  governor  and  council,  shall  fix 
his  compensation.     Said  division,  subject  to  such  supervi- 
sion and  control,  shall  perform  such  functions  in  relation  to 
the  administration  and  enforcement  of  chapter  one  hundred 
and  fifty-nine  B   imposed  upon   the   department  by  said 
chapter  as  the  commission  may  from  time  to  time  determine 
by  order  duly  recorded  in  the  office  of  the  commission  and 
open  to  public  inspection.    Such  an  order  may  also  provide 
for  appeals  to  the  commission  from  rulings  and  decisions  of 
the  said  director.    The  commission  may  employ  such  assist- 
ants and  employees  to  serve  in  said  division  as  it  may  deem 
necessary,  and  may  assign  for  service  in  said  division  such 


provisions. 


392  Acts,  1939.  —  Chap.  336. 

number,   not  exceeding  twenty-five,   of  investigators   and 
examiners  as  it  may  deem  necessary. 
nr^(^S7  Section  2.     Notwithstanding  the  provisions  of  this  act, 

all  orders,  rules  and  regulations  mado  by  the  department  of 
public  utilities  under  chapter  one  hundred  and  fifty-nine  A 
of  the  General  Laws,  as  amended,  prior  to  the  effective  date 
of  this  act,  shall  remain  in  force  until  revoked,  modified, 
amended  or  superseded  by  said  department  under  said  chap- 
ter. No  action,  suit,  prosecution  or  other  civil  or  criminal 
proceeding,  pending  on  said  effective  date,  shall  be  affected 
by  the  passage  of  this  act.  Approved  June  30,  1939. 


Chap.SSQ  An  Act  establishing  the  lynnfield  center  water  dis- 
trict IN  THE  TOWN   OF  LYNNFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Lynnfield, 
hable  to  taxation  in  said  town  and  residing  within  the  ter- 
ritory comprised  within  the  following  boundary  lines,  to 
wit:  —  beginning  at  the  intersection  of  the  center  hne  of 
Main  street  and  the  center  line  of  the  Saugus  river;  thence 
running  easterly  along  the  center  line  of  the  Saugus  river 
to  a  point;  thence  northerly  and  northeasterly  along  a  line 
seven  hundred  and  fifty  feet  from  and  parallel  to  the  center 
line  of  Main  street  to  the  center  line  of  Beaver  Dam  brook, 
so  called;  thence  easterly  along  the  center  line  of  said  brook 
to  the  westerly  line  of  the  right-of-way  of  the  Newburyport 
branch  of  the  Boston  and  Maine  railroad;  thence  north- 
easterly along  the  westerly  line  of  said  right-of-way  to  a 
point;  thence  southeasterly  crossing  said  right-of-way  and 
Walnut  street  along  a  line  parallel  to  and  seven  hundred 
and  fifty  feet  southwesterly  of  the  center  line  of  Summer 
street  to  a  point;  thence  along  a  line  crossing  Summer 
street  and  through  the  southeasterly  terminus  of  Glenwood 
road,  and  at  right  angles  to  the  center  line  of  said  road  to  a 
point;  thence  northwesterly  along  a  fine  seven  hundred 
and  fifty  feet  northeasterly  of  and  parallel  to  the  center  line 
of  Summer  street  to  the  shore  of  Fillings  pond;  thence  along 
the  southerly  and  westerly  shores  of  Fillings  pond  to  a  point; 
thence  northerly  along  a  line  crossing  the  right-of-way  of 
the  Newburyport  branch  of  the  Boston  and  Maine  railroad 
and  at  right  angles  thereto,  and  crossing  Essex  street  at  the 
abrupt  angle  in  the  center  line  of  said  street  at  a  point 
twenty-one  hundred  feet  more  or  less  from  the  intersection 
of  the  center  lines  of  Forest  Hill  avenue  and  Essex  street  to 
a  point;  thence  westerly  along  a  line  seven  hundred  and 
fifty  feet  northerly  of  and  parallel  to  the  center  line  of  Essex 
street  to  a  point;  thence  northerly  along  a  Hne  seven  hun- 
dred and  fifty  feet  easterly  of  and  parallel  to  the  center  line 
of  Main  street  and  crossing  Lowell  street  to  a  point;  thence 
westerly  along  a  line  seven  hundred  and  fifty  feet  northerly 
of  and  parallel  to  the  center  line  of  Lowell  street  and  cross- 


Acts,  1939.  —  Chap.  336.  393 

ing  Main  street  to  a  point;  thence  southerly  crossing  Lowell 
street  and  southwesterly  along  a  line  seven  hundred  and 
fifty  feet  westerly  of  and  parallel  to  the  center  line  of  Main 
street  to  a  point;  thence  westerly  and  northerly  along  a 
line  seven  hundred  and  fifty  feet  from  and  parallel  to  the 
center  fine  of  Chestnut  street  to  a  point;  thence  westerly 
along  the  extension  of  the  Lynnfield-Reading  boundary  line 
and  continuing  by  said  boundary  line  to  a  point;  thence 
southerly  along  a  line  seven  hundred  and  fifty  feet  from  and 
parallel  to  the  center  line  of  Chestnut  street  to  a  point; 
thence  southwesterly  along  a  line  seven  hundred  and  fifty 
feet  from  and  parallel  to  the  center  line  of  Main  street  to 
the  Lynnfield- Wakefield  boundary  line;  thence  southeast- 
erly along  said  boundary  line  to  the  center  line  of  the 
Saugus  river;  and  thence  along  the  center  fine  of  said  river 
to  the  point  of  beginning,  —  shall  constitute  a  water  dis- 
trict and  are  hereby  made  a  body  corporate  by  the  name 
of  the  Lynnfield  Center  Water  District,  hereinafter  called 
the  district,  for  the  purpose  of  supplying  themselves  with 
water  for  the  extinguishment  of  fires  and  for  domestic  and 
other  purposes,  with  power  to  establish  fountains  and  hy- 
drants and  to  relocate  and  discontinue  the  same,  to  regulate 
the  use  of  such  water  and  to  fix  and  collect  rates  to  be  paid 
therefor,  and  for  the  purposes  of  assessing  and  raising  taxes 
as  provided  herein  for  the  payment  of  such  services,  and  for 
defraying  the  necessary  expenses  of  carrying  on  the  business 
of  said  district,  subject  to  all  general  laws  now  or  hereafter 
in  force  relating  to  such  districts,  except  as  otherwise  pro- 
vided 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  here- 
inafter provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  water  district,  for  whatever  water 
may  be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  lease, 
purchase  or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  sprhig  or  stream,  or  of  any  ground 
sources  of  supply  by  means  of  driven,  artesian  or  other 
wells,  within  the  town  of  Lynnfield  not  already  appro- 
priated for  the  purposes  of  a  public  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,  hold- 
ing, purifying  and  preserving  the  purity  of  the  water  and  for 
conveying  the  same  to  any  part  of  said  district;  provided, 
that  no  source  of  water  supply  or  lands  necessary  for  pre- 
serving the  quality  of  the  water  shall  be  so  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  de- 
partment of  public  health,  and  that  the  location  and  ar- 


394  Acts,  1939. —Chap.  336. 

rangement  of  all  dams,  reservoirs,  springs,  wells,  pumping, 
purification  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.  The 
district  may  construct  and  maintain  on  the  lands  acquired 
and  held  under  this  act  proper  dams,  wells,  springs,  reser- 
voirs, standpipes,  tanks,  pumping  plants,  buildings,  fix- 
tures and  other  structures  including  also  the  establishment 
and  maintenance  of  filter  beds  and  purification  works  or 
systems,  and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances, 
and  do  such  other  things  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works;  and  for  that  purpose  may  construct  pipe  lines,  wells 
and  reservoirs  and  establish  pumping  works,  and  may 
construct,  lay,  acquire  and  maintain  aqueducts,  conduits, 
pipes  and  other  works  under  or  over  any  land,  water  courses, 
railroads,  railways  and  public  or  other  ways,  and  along  such 
ways,  in  said  town,  in  such  manner  as  not  unnecessarily  to 
obstruct  the  same;  and  for  the  purposes  of  constructing, 
laying,  maintaining,  operating  and  repairing  such  aque- 
ducts, conduits,  pipes  and  other  works,  and  for  all  proper 
purposes  of  this  act,  the  district  may  dig  up  or  raise  and 
embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  ways;  provided,  that  the  manner  in  which  all  things 
are  done  upon  any  such  way  shall  be  subject  to  the  direction 
of  the  selectmen  of  the  town  of  Lynnfield.  The  district 
shall  not  enter  upon,  or  construct  or  lay  any  conduit,  pipe 
or  other  works  within,  the  location  of  any  railroad  corpora- 
tion except  at  such  time  and  in  such  manner  as  it  may 
agree  upon  with  such  corporation,  or,  in  case  of  failure  so 
to  agree,  as  may  be  approved  by  the  department  of  public 
utilities.  The  district  may  enter  upon  any  lands  for  the 
purpose  of  making  surveys,  test  wells  or  pits  and  borings, 
and  may  take  or  otherwise  acquire  the  right  to  occupy  tem- 
porarily any  lands  necessary  for  the  construction  of  any 
work  or  for  any  other  purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from  the 
district  under  said  chapter  seventy-nine;  but  the  right  to 
damages  for  the  taking  of  any  water,  water  right  or  water 
source,  or  for  any  injury  thereto,  shall  not  vest  until  water 
is  actually  withdrawn  or  diverted  under  authority  of  this 
act. 

Section  4.  For  the  purpose  of  paying  the  necessary 
expenses  and  liabihties  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  two  hundred  thousand  dol- 
lars, and  may  issue  bonds  or  notes  therefor,  which  shall  bear 
on  their  face  the  words,  Lynnfield  Center  Water  District 


Acts,  1939.  —  Chap.  336.  395 

Loan,  Act  of  1939.  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.  The  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  this  act,  shall  without  further  vote  be 
assessed  upon  the  district  by  the  assessors  of  said  town  of 
Lynnfield  annually  thereafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  sup- 
ply under  this  act  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  such  estate  is  so  situ- 
ated that  it  can  receive  no  aid  in  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  if  such  estate  is  so 
situated  that  the  buildings  thereon,  or  the  buildings  that 
might  be  constructed  thereon,  could  not  be  supplied  with 
water  from  said  system  in  any  ordinary  or  reasonable  man- 
ner; but  all  other  estates  in  the  district  shall  be  deemed  to 
be  benefited  and  shall  be  subject  to  such  tax.  A  certified 
list  of  the  estates  exempt  from  taxation  under  the  provisions 
of  this  section  shall  annually  be  sent  by  said  board  of  water 
commissioners  to  said  assessors,  at  the  same  time  at  which 
the  clerk  shall  send  a  certified  copy  of  the  vote  as  aforesaid. 
The  assessment  shall  be  committed  to  the  town  collector, 
who  shall  collect  said  tax  in  the  manner  provided  by  law  for 
the  collection  of  town  taxes,  and  shall  deposit  the  proceeds 
thereof  with  the  district  treasurer  for  the  use  and  benefit  of 
the  district.  The  district  may  collect  interest  on  overdue 
taxes  in  the  manner  in  which  interest  is  authorized  to  be 
collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to 


396  Acts,  1939.  —  Chap.  336. 

be  held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  qualifica- 
tion of  a  majority  of  the  water  commissioners,  shall  be  called, 
on  petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  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  effect,  and  the  meeting  may 
then  proceed  to  act  on  the  other  articles  in  the  warrant. 
After  the  qualification  of  a  majority  of  the  water  commis- 
sioners, meetings  of  the  district  shall  be  called  by  warrant 
under  their  hands,  unless  some  other  method  be  provided  by 
by-law  or  vote  of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  shall  have  been  accepted,  or  thereafter, 
at  an  annual  meeting  or  at  a  special  meeting  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  succeed- 
ing annual  district  meeting,  to  constitute  a  board  of  water 
commissioners;  and  at  every  annual  district  meeting  fol- 
lowing such  next  succeeding  annual  district  meeting  one 
such  commissioner  shall  be  elected  by  ballot  for  the  term  of 
three  years.  The  date  of  the  next  annual  meeting  shall  be 
fixed  by  by-law  or  by  vote  of  the  board  of  water  commis- 
sioners, but  in  no  event  shall  it  be  later  than  fifteen  months 
subsequent  to  the  date  on  which  the  water  commissioners 
were  first  elected.  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  water  commis- 
sioners are  first  elected  and  at  each  annual  district  meeting 
held  thereafter,  the  district  shall  elect  by  ballot,  each  for  a 
term  of  one  year,  a  clerk  and  a  treasurer  of  the  district. 
The  treasurer  shall  not  be  a  water  commissioner,  and  shall 
give  bond  to  the  district  in  such  an  amount  as  may  be  ap- 
proved by  said  water  commissioners  and  with  a  surety  com- 
pany authorized  to  transact  business  in  the  commonwealth 
as  surety.  A  majority  of  said  water  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.    Any 


Acts,  1939.  —  Chap.  336.  397 

vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said  dis- 
trict at  any  legal  meeting  called  for  the  purpose.  No  money 
shall  be  drawn  from  the  treasury  of  the  district  on  account 
of  its  water  works  except  upon  a  written  order  of  said  water 
commissioners  or  a  majority  of  them. 

Section  10.  Said  board  of  water  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, 
it  may  be  appropriated  for  such  new  construction  as  said 
water  commissioners  may  recommend,  and  in  case  a  sur- 
plus should  remain  after  payment  for  such  new  construction 
the  water  rates  shall  be  reduced  proportionately.  Said  water 
commissioners  shall  annually,  and  as  often  as  the  district 
may  require,  render  a  report  upon  the  condition  of  the 
works  under  their  charge,  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

Section  11.  The  district  may  adopt  by-laws,  prescrib- 
ing by  whom  and  how  meetings  of  the  district  may  be  called, 
notified,  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight.  The  district 
may  also  estabhsh  rules  and  regulations  for  the  manage- 
ment of  its  water  works,  not  inconsistent  with  this  act  or 
with  any  other  provision  of  law,  and  may  choose  such  other 
ofiicers  not  provided  for  in  this  act  as  it  may  deem  neces- 
sary 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  the  district  for  any  of  the  purposes  of  this  act,  shall 
forfeit  and  pay  to  the  district  three  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort,  and  upon  conviction  of  any  of  the  above  wilful  or 
wanton  acts  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars  or  by  imprisonment  for  not  more  than 
six  months. 

Section  13.  Upon  a  petition  in  writing  addressed  to 
said  board  of  water  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  water  commissioners 
shall  cause  a  duly  warned  meeting  of  the  district  to  be 
called,  at  which  meeting  the  voters  may  vote  on  the  question 
of  including  said  real  estate  within  the  district.    If  a  majority 


398  Acts,  1939.  —  Chap.  337. 

of  the  voters  present  and  voting  thereon  vote  in  the  affirma- 
tive the  district  clerk  shall  within  ten  days  file  with  the  town 
clerk  of  said  town  and  with  the  state  secretary  an  attested 
copy  of  said  petition  and  vote;  and  thereupon  said  real 
estate  shall  become  and  be  part  of  the  district  and  shall  be 
holden  under  this  act  in  the  same  manner  and  to  the  same 
extent  as  the  real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act 
present  and  voting  thereon,  by  the  use  of  a  check  list,  at 
a  district  meeting  called,  in  accordance  with  section  eight, 
within  four  years  after  its  passage. 

Approved  June  30,  1939. 


Chap. SS7  An  Act  relative  to  the  powers  and  duties  of  the 

MASSACHUSETTS    HOSPITAL    LIFE     INSURANCE     COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Massachusetts  Hospital  Life  Insurance  Com- 
pany may  from  time  to  time,  by  a  vote  of  a  majority  of  all 
its  stock,  increase  or  reduce  its  capital  stock  by  such  amount, 
upon  such  terms,  and  for  such  purposes  as  the  commis- 
sioner of  corporations  and  taxation  shall  in  writing  approve, 
and  may,  with  similar  approval,  change  the  par  value  of 
the  shares  of  its  capital  stock.  Any  such  additional  stock 
shall  be  issued  only  upon  payment  in  cash  to  the  company 
of  the  par  value  thereof  at  the  date  of  issue.  Within  thirty 
days  after  any  such  increase,  reduction,  or  change  has  been 
made,  a  certificate,  in  such  form  as  said  commissioner  may 
prescribe  or  approve,  of  such  increase,  decrease,  or  change 
in  par  value  of  shares,  signed  and  sworn  to  by  the  president, 
treasurer,  and  a  majority  of  the  directors  of  said  company, 
and  approved  in  writing  by  said  commissioner,  shall  be 
filed  in  the  office  of  the  state  secretary,  and  there  shall  be 
paid  such  fee  as  would  be  payable  under  section  fifty-four 
or  fifty-five  of  chapter  one  hundred  and  fifty-six  of  the 
General  Laws  if  said  company  were  a  business  corporation 
subject  to  said  chapter. 

Section  2.  Section  three  of  chapter  one  hundred  and 
eighty  of  the  acts  of  the  year  eighteen  hundred  and  seven- 
teen, said  chapter  having  been  approved  on  February 
twenty-fourth  in  the  year  eighteen  hundred  and  eighteen, 
is  hereby  amended  by  striking  out  the  first  sentence  and 
inserting  in  place  thereof  the  following:  —  Be  it  further 
enacted,  That  for  the  well  ordering  of  the  affairs  of  the  said 
corporation  there  shall  be  not  less  than  ten  nor  more  than 
twenty  directors,  a  majority  of  whom  shall  be  citizens  of 
this  commonwealth,  and  stockholders  of  the  said  corpora- 
tion, elected  by  the  stockholders,  at  their  general  meeting, 
to  be  held  on  the  first  Monday  of  March  annually,  for  that 
purpose. 


Acts,  1939.  —  Chap.  338.  399 

Section  3.  Section  seven  of  said  chapter  one  hundred 
and  eighty  is  hereby  amended  by  striking  out  the  words 
"third  Monday  of  January",  the  only  time  said  words 
appear  in  said  section,  and  inserting  in  place  thereof  the 
words:  —  first  Monday  of  March. 

Section  4.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  Massachusetts  Hospital  Life  Insurance 
Company,  but  not  otherwise.         Approved  June  30,  1939. 

An  Act  authorizing  the  adjutant  general  to  accept  nh^jj,  qoo 

FOR    military    purposes,    ON    BEHALF    OF    THE    COMMON-  ^  ' 

wealth,  the  gift  of  a  certain  parcel  of  land  in 
boston. 

Be  it  enacted,  etc.,  as  follows. • 

The  adjutant  general,  with  the  approval  of  the  governor 
and  council,  may  accept,  in  accordance  with  the  terms  of 
the  offer  and  in  the  name  and  on  behalf  of  the  common- 
wealth, the  gift  from  the  A.  C.  Ratshesky  Foundation,  a 
Massachusetts  corporation,  of  a  certain  parcel  of  land  with 
the  building  thereon  now  numbered  three  hundred  and 
forty-seven  on  Commonwealth  avenue  in  the  city  of  Boston, 
and  hereinafter  described,  which  has  been  offered  to  the 
commonwealth  on  the  sole  condition  that  this  building  be 
devoted  to  the  use  of  active  national  guard  and  state  guard 
units.  Said  building  shall  be  held  and  maintained,  as  an 
armory  of  the  first  class,  for  the  aforesaid  military  purposes 
of  the  commonwealth.  The  deed  or  deeds  conveying  said 
property  shall  be  approved  as  to  form  by  the  attorney 
general.  Said  land  is  bounded  and  described  as  follows,  be 
any  or  all  of  the  given  measurements  more  or  less:  south- 
erly on  Commonwealth  avenue,  thirty-one  feet;  easterly 
on  land  now  or  formerly  of  Warren  B.  Potter,  one  hundred 
twenty-four  and  five  tenths  feet;  northerly  on  a  passage- 
way sixteen  feet  wide,  thirty-one  feet;  and  westerly  on  land 
now  or  formerly  of  Mason,  by  a  line  through  a  brick  party 
wall,  one  hundred  twenty-four  and  five  tenths  feet.  Said 
property  is  to  be  conveyed  subject  to  and  with  the  benefit 
of  rights,  easements  and  restrictions  of  record,  if  any,  so 
far  as  now  in  force  and  applicable.  The  title  to  the  property 
so  conveyed  shall  revert  to  and  revest  in  said  A.  C.  Ratshesky 
Foundation  whenever  said  building  shall  cease  to  be  devoted 
to  said  use.  Approved  June  30,  1939. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  July  10,  1939. 

Honorable  Frederic   W.  Cook,  Secretary  of  the  Commomcealth, 
State  House,  Boston. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  ac- 
cordance with  the  provisions  of  the  Forty-eighth  Amend- 
ment to  the  Constitution,  "The  Referendum  II,  Emergency 
Measures",  do  declare  that  in  my  opinion,  the  immediate 


400  Acts,  1939.  —  Chap.  339. 

preservation  of  the  public  peace,  health,  safety,  and  con- 
venience requires  that  the  law  passed  on  the  thirtieth  day 
of  June  in  the  year  nineteen  hundred  and  thirty-nine, 
entitled,  "An  Act  authorizing  the  adjutant  general  to  accept 
for  military  purposes,  on  behalf  of  the  Commonwealth,  the 
gift  of  a  certain  parcel  of  land  in  Boston"  should  take  effect 
forthwith,  that  it  is  an  emergency  law  and  that  the  facts 
constituting  the  emergency  are  as  follows: 

Because  the  training  period  of  the  National  Guard  comes 
within  the  next  few  weeks  and  delay  until  after  ninety  days 
would  make  it  impossible  for  the  Guard  to  use  the  building 
during  the  1939  training. 

Very  truly  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  July  12,  1939. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  ten  o'clock  and  thirty 
minutes,  a.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  three  hun- 
dred and  thirty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 


Chap. ^39  An  Act  relative  to  the  audit  of  accounts  of  the  city 

OF   BOSTON    BY   THE    DIRECTOR    OF   ACCOUNTS. 

Emergency  Wheveas,  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. • 
G.  L.  (Ter.  Scction  forty  of  chapter  forty-four  of  the  General  Laws, 

amendeli.^  ^°'  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  second  line  and  in  the  fourth  line, 
the  words  ",  except  Boston",  —  so  as  to  read  as  follows:  — 
?.iSV"'4.  Section  J^O.     The  director  shall  cause  an  audit  to  be  made 

of  the  accounts  of  all  cities  and  towns  of  the  commonwealth, 
and  may  cause  subsequent  audits  to  be  made  of  the  accounts 
of  each  city  and  town  as  often  as  once  in  two  years,  or 
annually  at  the  request  of  the  mayor  or  the  selectmen,  and 
for  this  purpose  he,  and  his  duly  accredited  agents,  shall 
have  access  to  all  necessary  papers,  books  and  records. 
Upon  the  completion  of  each  audit,  as  aforesaid,  a  report 
thereon  shall  be  made  to  the  mayor  and  city  government  in 
cities,  and  to  the  selectmen  in  towns,  and  a  copy  of  the 
same  shall  be  furnished  to  the  city  or  town  clerk,  who  shall 
cause  the  same  or  a  summary  of  its  essential  features  to  be 


audits,  et 
of  municipal 
accounts. 


Acts,  1939.  —  Chap.  340.  401 

published  at  the  expense  of  the  city  or  town.  The  director, 
in  his  discretion,  may  give  preference  to  audits  upon  peti- 
tions undet  section  thirty-five  or  thirty-six  over  audits 
under  this  section.  Approved  July  3,  1939.^ 


An  Act  relative  to  the  construction  and  maintenance  Chap. 340 

OF  A   STRUCTURE   BRIDGING   AVON   STREET  IN  THE   CITY   OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  petition  and  after  seven  days'  notice 
pubUshed  in  at  least  three  newspapers  published  in  the  city 
of  Boston,  and  a  public  hearing  thereon,  the  board  of  street 
commissioners  of  the  city  of  Boston  may,  with  the  approval 
of  the  mayor,  grant  and  issue  a  permit  to  Arthur  G.  Mitton 
and  William  O.  Taylor,  trustees  of  the  Avon  Street  Trust 
under  an  agreement  and  declaration  of  trust  dated  Decem- 
ber third,  nineteen  hundred  and  seven,  and  recorded  with 
Suffolk  deeds,  book  three  thousand  two  hundred  and  fifty, 
page  three  hundred  and  thirty-one  (an  amendment  of  said 
agreement  and  declaration  of  trust  having  been  recorded 
with  said  deeds,  book  four  thousand  eight  hundred  and 
sixty-two,  page  five  hundred  and  thirty-two),  and  their  suc- 
cessors, and  to  William  A.  Everett,  Edward  R.  Mitton  and 
Arthur  C.  Hallan,  trustees  of  Andrews  Real  Estate  Trust 
under  an  agreement  and  declaration  of  trust  dated  October 
thirty-first,  nineteen  hundred  and  thirteen,  and  recorded 
with  Suffolk  deeds,  book  three  thousand  seven  hundred 
and  sixty-seven,  page  four  hundred  and  sixty-three,  as 
amended  by  instruments,  duly  recorded  with  said  deeds, 
and  their  successors,  and  to  Jordan  Marsh  Company,  a 
corporation  duly  established  and  existing  under  the  laws 
of  this  commonwealth,  or  any  one  or  more  of  them  herein- 
after referred  to  as  the  abutters,  to  build  and,  on  such  condi- 
tions and  subject  to  such  restrictions  as  said  board  may 
prescribe,  permanently  maintain  a  structure  bridging  Avon 
street  in  said  city  connecting  buildings  owned  by  the  abut- 
ters, or  some  of  them,  on  opposite  sides  of  said  street. 

Section  2.  No  structure  bridging  said  street  under  a 
permit  issued  as  provided  in  section  one  of  this  act,  shall  be 
constructed  or  maintained  at  a  height  less  than  thirty  feet 
above  the  grade  line  of  said  street,  and  no  part  of  the  bridge 
or  its  supports  shall  rest  upon  the  surface  of  the  street;  nor 
shall  any  such  structure  be  erected  or  maintained  over  any 
portions  of  said  street  not  owned  in  fee  by  one  or  more  of 
the  abutters  without  the  written  consent  of  the  owners  of 
such  portions  in  each  instance.  Such  consent  of  the  city 
of  Boston  may  be  given  by  said  board  of  street  commis- 
sioners, with  the  approval  of  the  mayor. 

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

Approved  July  11,  1939. 


402 


Acts,  1939. —  Chap.  341 


Chap. 341  An  Act  relative  to  appeals  in  capital  cases. 

Be  it  enacted,  etc.,  as  follows: 


G.  L.  (Ter. 
Ed.),  278, 
§33E, 
amended. 


Appeals  in 
capital  cases. 


Section  thirty-three  E  of  chapter  two  hundred  and  sev- 
enty-eight of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out,  in 
the  eleventh  Hne,  the  words  "The  entry  thereof"  and  in- 
serting in  place  thereof  the  words :  —  Except  in  a  capital 
case,  the  entry  of  the  appeal,  —  and  by  adding  at  the  end 
the  following  new  paragraph:  — 

In  a  capital  case  the  entry  in  the  supreme  judicial  court 
shall  transfer  to  that  court  the  whole  case  for  its  considera- 
tion of  the  law  and  the  evidence,  and  the  court  may  order 
a  new  trial  if  satisfied  that  the  verdict  was  against  the  law 
or  the  weight  of  the  evidence,  or  because  of  newly  discov- 
ered evidence,  or  for  any  other  reason  that  justice  may 
require.  After  the  entry  of  the  appeal  in  a  capital  case  and 
until  the  filing  of  the  rescript  by  the  supreme  judicial  court 
motions  for  a  new  trial  shall  be  presented  to  that  court  and 
shall  be  dealt  with  by  the  full  court,  which  may  itself  hear 
and  determine  such  motions  or  remit  the  same  to  the  trial 
judge  for  hearing  and  determination.  If  a  motion  is  so  re- 
mitted, or  if  any  motion  is  filed  in  the  superior  court  after 
rescript,  no  appeal  shall  lie  from  the  decision  of  that  court 
upon  such  motion  unless  the  appeal  is  allowed  by  a  single 
justice  of  the  supreme  judicial  court  on  the  ground  that  it 
presents  a  new  and  substantial  question  which  ought  to  be 
determined  by  the  full  court,  —  so  as  to  read  as  follows:  — 
Section  33E.  The  clerk  shall,  as  speedily  as  possible  but  in 
any  event  within  ten  days  after  the  filing  of  the  assignment 
of  errors  or  within  such  further  time  as  a  justice  of  the 
superior  court  may  for  cause  allow,  transmit  the  bound  copy 
of  the  transcript  of  the  evidence,  the  summary  of  the  record 
and  the  assignment  of  errors,  which  together  shall  consti- 
tute the  record  on  appeal,  to  the  supreme  judicial  court  for 
the  county  in  which  the  case  is  pending  or  to  the  supreme 
judicial  court  for  the  commonwealth  whichever  first  has  a 
law  sitting,  including  an  adjourned  sitting  in  the  case  of  the 
court  for  the  commonwealth,  after  the  assignment  of  errors 
is  filed,  and  upon  receipt  of  the  same  such  appeal  shall  forth- 
with be  entered  by  the  clerk  on  the  docket  of  such  court. 
Except  in  a  capital  case,  the  entry  of  the  appeal  shall  not 
transfer  the  case  but  only  the  questions  to  be  determined. 
The  supreme  judicial  court  shall  consider  all  questions  of 
law  fairly  raised. 

In  a  capital  case  the  entry  in  the  supreme  judicial  court 
shall  transfer  to  that  court  the  whole  case  for  its  considera- 
tion of  the  law  and  the  evidence,  and  the  court  may  order 
a  new  trial  if  satisfied  that  the  verdict  was  against  the  law 
or  the  weight  of  the  evidence,  or  because  of  newly  discov- 
ered evidence,  or  for  any  other  reason  that  justice  may  re- 
quire.    After  the  entry  of  the  appeal  in  a  capital  case  and 


Acts,  1939.  —  Chap.  342.  403 

until  the  filing  of  the  rescript  by  the  supreme  judicial  court 
motions  for  a  new  trial  shall  be  presented  to  that  court  and 
shall  be  dealt  with  by  the  full  court,  which  may  itself  hear 
and  determine  such  motions  or  remit  the  same  to  the  trial 
judge  for  hearing  and  determination.  If  a  motion  is  so  re- 
mitted, or  if  any  motion  is  filed  in  the  superior  court  after 
rescript,  no  appeal  shall  lie  from  the  decision  of  that  court 
upon  such  motion  unless  the  appeal  is  allowed  by  a  single 
justice  of  the  supreme  judicial  court  on  the  ground  that  it 
presents  a  new  and  substantial  question  which  ought  to  be 
determined  by  the  full  court.  Approved  July  12,  1939. 

An  Act  relative  to  assessors  and  registrars  of  voters  Qfiav  342 

AND   their   assistants.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  nine  of  the  General  EdVo^f? 
Laws,  as  amended  by  section  two  of  chapter  twenty-five  of  etc^. 'amended. 
the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby  fur- 
ther amended  by  striking  out  the  word  "assessors"  in  the 
eleventh  line,  and  inserting  in  place  thereof  the  words :  — 
registrars  of  voters,  —  and  by  striking  out,  in  the  twentieth 
and  twenty-first  fines,  the  words  "Articles  XXI  and  XXII 
of  the  amendments  to  the  constitution"  and  inserting  in 
place  thereof  the  words :  —  Article  XXI  of  the  amendments 
to  the  constitution,  as  appearing  in  Article  LXXI  thereof,  — 
so  as  to  read  as  follows :  —  Section  7.  In  nineteen  hundred  Decennial 
and  twenty-five  and  every  tenth  year  thereafter,  the  mayor  ''^"^^^' 
of  every  city  and  the  selectmen  of  every  town  shall  cause  a 
census  to  be  made  of  the  inhabitants  of  their  respective 
cities  and  towns  residing  therein  on  January  first,  on  forms 
provided  by  the  secretary,  and  in  accordance  with  his  in- 
structions, and  shall  return  the  same  under  oath  to  the  office 
of  the  secretary  on  or  before  June  thirtieth  following,  to- 
gether with  a  sworn  statement  of  the  total  of  such  census. 
In  making  such  census  the  services  and  facilities  of  the 
registrars  of  voters  and  police  of  a  city  or  town  shall  be 
available  to  the  mayor  of  such  city  or  the  selectmen  of  such 
town.  The  secretary  may  in  his  discretion  verify  any  such 
census  in  such  manner  as  he  deems  advisable,  and  for  this 
purpose  may  inspect  the  records  of  any  city  or  town  and 
call  upon  the  mayor  or  selectmen  for  such  further  informa- 
tion as  he  desires.  From  the  returns  so  made,  with  such 
amendments  as  the  secretary  may  find  necessary  to  correct 
any  errors  or  omissions  therein,  he  shall  compile  the  census 
of  inhabitants  of  each  city  and  town  required  by  Article 
XXI  of  the  amendments  to  the  constitution,  as  appearing 
in  Article  LXXI  thereof,  and  may  publish  the  results  thereof 
in  such  form  as  he  may  determine. 

Section  2.    Section  twenty-eight  of  chapter  forty-one  of  Kd^i^l'js 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  ameAded. 
tion,  is  hereby  amended  by  striking  out,  in  the  second,  third 
and  fourth  fines,  the  words  "in  making  fists  of  persons  fiable 


404 


Acts,  1939.  —  Chap.  342. 


G.  L.  (Ter. 
Ed.),  56,  §  1, 
repealed. 

G.  L.  (Ter. 
Ed.),  59,  §  9, 
etc.,  amended. 


Poll  tax, 
where 

assessed. 


G.  L.  (Ter. 
Ed.),  60,  §  4, 
amended. 


Tax  lists, 
etc.,  to  be 
furnished 
to  collector. 


to  be  assessed  for  poll  taxes  in  such  districts,  in  publishing 
and  transmitting  hsts  of  persons  so  assessed",  —  so  as  to 
read  as  follows :  —  Section  28.  Assistant  assessors  shall,  in 
their  respective  districts,  assist  the  assessors  in  estimating  the 
value  of  the  real  and  personal  estate  in  such  districts,  and  in 
the  performance  of  such  other  duties  as  the  assessors  require. 

Section  3.  Section  one  of  chapter  fifty-six  of  the  Gen- 
eral Laws,  as  so  appearing,  is  hereby  repealed. 

Section  4.  Chapter  fifty-nine  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  nine,  as  amended 
by  section  twenty-seven  of  chapter  two  hundred  and  fifty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-three,  and 
inserting  in  place  thereof  the  following :  —  Section  9.  The 
poll  tax  shall  be  assessed  upon  each  person  liable  thereto  in 
the  town  of  which  he  is  an  inhabitant  on  January  first  in 
each  year,  except  in  cases  otherwise  provided  for  by  law. 
The  assessors  shall  assess  such  tax  on  all  persons  whom  they 
find  to  be  so  liable,  whether  or  not  included  in  the  fists 
transmitted  to  them  under  section  five  of  chapter  fifty-one, 
or  in  any  notice  given  to  them  under  section  four  or  section 
eight  of  said  chapter  or  section  ten  of  this  chapter.  The 
poll  tax  of  minors  liable  to  taxation  shall  be  assessed  to,  and 
in  the  place  of  the  residence  of,  the  parents  or  guardians 
having  control  of  the  persons  of  such  minors;  but  if  a  minor 
has  no  parent  or  guardian  within  the  commonwealth,  he 
shall  be  personally  taxed  for  his  poll,  as  if  he  were  of  full 
age.  The  poll  tax  of  eveiy  other  person  under  guardianship 
shall  be  assessed  to  his  guardian  in  the  place  where  the 
guardian  is  taxed  for  his  own  poll.  In  a  city  each  inhabit- 
ant liable  to  assessment  shall  be  assessed  in  the  ward  where 
he  dwells ;  but  no  tax  shall  be  invalid  by  reason  of  a  mistake 
in  ascertaining  the  ward  where  a  person  should  be  assessed. 

Section  5.  Chapter  sixty  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  four,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  4-  A  board  of  assessors,  from  time  to 
time  in  any  year  after  their  determination  under  section 
nine  of  chapter  fifty-nine  of  all  or  any  of  the  persons  liable 
to  be  assessed  a  poll  tax  in  their  city  or  town,  may  and,  on 
written  request  from  the  collector  of  taxes,  shall  assess  the 
poll  taxes  of  all  such  persons,  and  dehver  to  the  collector 
tax  lists  containing  the  names  and  addresses  of  all  persons 
so  assessed,  and  the  number  of  polls  assessed  to  each  with 
the  amount  of  the  respective  taxes  thereon.  The  assessors 
shall  also  deliver  to  the  collector  their  warrants  in  the  cus- 
tomary form  for  the  collection  forthwith  of  all  taxes  con- 
tained in  said  lists;  but  no  such  list  or  warrant  shall  be 
issued  to  any  collector  until,  conformably  to  law,  he  has 
given  bond  and  has  otherwise  qualified  himself  for  the  per- 
formance of  his  duties.  Poll  taxes  so  committed  to  the  col- 
lector shall  be  subject  to  the  laws  relating  to  poll  taxes 
committed  by  warrant  under  section  fifty-three  of  chapter 
fifty-nine.  Approved  July  12,  1939. 


Acts,  1939.  —  Chaps.  343,  344.  405 

An  Act  providing  for  the  regulation  of  trade  schools,  nhr,^^  'iAQ 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-one  of  chapter  ninety-three  o.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  ^mcAded.^  ^^' 
tion,  is  hereby  amended  by  inserting  after  the  word  "corre- 
spondence" in  the  first  hne  the  words:  —  or  trade,  —  so  as 
to  read  as  follows :  —  Section  21 .     Any  pupil  of  a  corre-  Remedy  of 
spondence  or  trade  school  who  is  defrauded  by  a  misrepre-  by  mis/epre-'^*''^ 
sentation  made  by  an  officer  or  agent  of  such  school,  or  by  sentation. 
any  advertisement  or  circular  issued  by  it,  or  by  any  person, 
firm,  association  or  corporation,  who  sells  textbooks  to  the 
said  school  or  to  the  pupils  thereof,  may  recover  in  contract 
from  such  school  or  person,  firm,  association  or  corporation 
three  times  the  amount  paid  by  him  to  such  school  or  per- 
son, firm,  association  or  corporation. 

Section  2.     Section  twenty-two  of  said  chapter  ninety-  g.  l.  (Ter. 
three,  as  so  appearing,  is  hereby  amended  by  inserting  after  amended.^  ^^' 
the  word  "correspondence"  in  the  second  line  the  words: 
—  or  trade,  —  so  as  to  read  as  follows :  —  Section  22.    The  Rules. 
department  of  education  may  establish  rules  and  regulations 
governing  correspondence  or  trade  schools. 

Section  3.    The  caption  immediately  preceding  said  sec-  Caption 
tion  twenty-one  is  hereby  amended  by  inserting  after  the  ^""'"'^ed. 
word  "correspondence"  the  words:  —  or  trade,  —  so  as 
to  read  as  follows:  —  correspondence  or  trade  schools. 

Approved  July  12,  1939. 

An  Act  authorizing  the  state  department  of  public  (Jfiaj)  344 
health  to  issue  certificates  of  approval  relative  ' 

to  bacteriological  laboratories. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  one  hundred  and  f^g4A,^^' 
eighty-four,  as  appearing  in  the  Tercentenary  Edition,  the  inserted. 
following  new  section:  —  Section  I84A.     The  department,  Approval  of 
at  the  request  of  any  person  owning  or  operating  a  bacterio-  kborltories^''' 
logical  laboratory,  may  issue  a  certificate  of  approval  of  the 
performance  at  such  laboratory  of  bacteriological  or  sero- 
logical tests  set  forth  in  such  certificate;    provided,  that  no 
such  certificate  shall  be  granted  hereunder  except  in  accord- 
ance with  such  suitable  and  reasonable  rules  and  regulations 
as  the  department  shall  establish;    authority  to  establish, 
and  from  time  to  time  to  alter  and  amend,  such  rules  and 
regulations  being  hereby  granted  to  the  department.    Rules 
and  regulations  governing  approval  of  such  bacteriological 
laboratories  made  under  authority  hereof  may  include  pro- 
visions relative  to  the  location  and  equipment  of  such  labo- 
ratories, the  personal  and  professional  quahfications  of  the 
personnel  thereof,  and  the  methods  employed  thereat.    The 
department  may  from  time  to  time  submit  to,  or  request 


406  Acts,  1939.  —  Chap.  345. 

from,  any  such  laboratory  such  specimens  for  examination 
as  it  may  deem  necessary  to  determine  whether  or  not  such 
laboratory  can  properly  perform  such  tests.  Certificates  of 
approval  issued  under  authority  hereof  shall  be  valid  for 
one  year  from  their  dates  of  issue  and  may  be  annually  re- 
newed. The  fee  for  the  issue,  and  for  each  annual  renewal, 
of  every  such  certificate  shall  be  five  dollars;  provided,  that 
no  such  fee  shall  be  charged  or  collected  on  account  of  any 
such  laboratory  established  and  maintained  by  the  common- 
wealth or  by  any  political  subdivision  thereof.  Any  such 
certificate  may  be  revoked  by  the  department,  after  thirty 
days'  notice  to  such  laboratory  and  the  opportunity  to  be 
heard  by  the  department,  if  in  its  judgment  the  public  in- 
terest so  requires. 

For  the  purposes  of  this  section,  a  bacteriological  labora- 
tory is  defined  to  be  a  place  or  establishment  advertised, 
and  maintained  or  purported  to  be  maintained,  in  whole 
or  in  part,  for  the  purpose  of  accepting  for  and  subjecting 
to  bacteriological  or  serological  study  or  analysis,  or  both, 
specimens  of  blood,  sputum,  urine,  feces  or  other  fluids,  secre- 
tions or  excretions  of  the  body  of  persons  ill,  or  suspected  of 
being  ill,  with  a  disease  dangerous  to  the  public  health. 

Approved  July  12,  1939. 

Chap.S4i5  An  Act  establishing  fees  of  the  clerks  of  district 

COURTS   IN    CIVIL   ACTIONS. 

Be  it  enacted,  etc.,  as  follows. • 

G.L. ^Ter.^  Section  1.     Chapter  two  hundred  and  sixty-two  of  the 

General  Laws  is  hereby  amended  by  striking  out  section 
two,  as  appearing  in  the  Tercentenary  Edition,  and  insert- 
Fees  in  ing  in  place  thereof  the  following :  —  Section  2.  The  fees 
"  "  '  ^^  ^j^^  clerks  of  district  courts,  in  civil  actions,  shall  be  as 
follows : 

All  blank  writs  of  attachments  with  summons  and  all 
other  blank  writs  or  summonses  each  five  cents. 

For  the  entry  of  an  action,  petition,  complaint  or  com- 
mencement of  supplementary  proceedings  under  chapter 
two  hundred  and  twenty-four,  including  filing  of  papers 
and  entering  up  and  recording  judgment,  one  dollar.  The 
entry  fee  and  the  fees  of  witnesses  and  officers  in  such  sup- 
plementary proceedings  shall  be  allowed  the  creditor  as 
costs.  The  plaintiff  or  creditor  making  affidavit  to  the 
court  as  provided  in  section  two  or  six  of  said  chapter  shall 
pay  a  fee  of  one  dollar,  which  fee,  together  with  any  sums 
paid  under  section  twelve  of  said  chapter  shall  be  taxed  in 
the  plaintiff's  or  creditor's  costs. 

For  notice  to  plaintiff  or  creditor  of  the  desire  of  defendant 
or  debtor  to  submit  to  examination  under  said  chapter  two 
hundred  and  twenty-four,  three  dollars. 

For  each  order  of  notice,  citation  or  precept,  fifty  cents. 

For  a  commission  to  take  deposition,  fifty  cents. 

For  a  writ  of  habeas  corpus,  one  dollar. 


Ed.),  262,  §  2, 
amended. 


district  courts. 


Acts,  1939.  —  Chaps.  346,  347.  407 

For  a  certificate  of  judgment  or  other  proceeding,  twenty- 
five  cents. 

For  a  copy  of  docket  entries,  one  dollar. 

All  written  copies,  twenty-five  cents  per  page. 

Attesting  copies,  twenty-five  cents  per  page. 

For  approving  or  disapproving  by  the  court  of  sureties 
on  bonds  or  recognizances,  except  bonds  given  for  removal 
of  actions  to  the  superior  court,  two  dollars. 

For  waiver  of  notice  of  marriage,  one  dollar. 

All  fees  shall  be  payable  in  advance. 

Section  2.    Section  four  of  said  chapter  two  hundred  gj^-  ^J|'"j  ^^ 
and  sixty-two  is  hereby  further  amended  by  striking  out  etc/amended'. 
the  seventh  paragraph,  as  amended  by  chapter  one  hun- 
dred and  eighty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-seven,   and  by  striking  out  the  eighth,   ninth   and 
tenth  paragraphs,  as  appearing  in  the  Tercentenary  Edition. 

Section  3.    This  act  shall  take  effect  on  November  first  f^^'"*''"''' 
in  the  current  year.  Approved  July  12,  1939. 

An  Act  providing  for  the  quadrennial  establishment  C/iai).346 

OF  THE   BASIS   OF  APPORTIONMENT   OF   STATE   AND   COUNTY 
TAXES. 

Be  it  enacted,  etc.,  as  jollows: 

Chapter  fifty-eight  of  the  General  Laws  is  hereby  amended  g^^^J^^g 
by  striking  out  section  nine,  as  appearing  in  the  Tercente-  amended, 
nary  Edition,  and  inserting  in  place  thereof  the  following :  — 
Section  9.    In  the  year  nineteen  hundred  and  forty-one  and  ^''P^r'tioTment 
in  every  fourth  year  thereafter,  the  commissioner  shall,  on  of  state  tax. 
or  before  April  first,  report  to  the  general  court  an  equali- 
zation and  apportionment  upon  the  several  towns  of  the 
number  of  polls,  the  amount  of  property,  and  the  propor- 
tion of  every  one  thousand  dollars  of  state  tax,  and  the 
proportion  of  county  tax,  including  in  each  instance  polls 
at  one  tenth  of  a  mill  each,  which  should  be  assessed  upon 
each  town.  Approved  July  12,  1939. 

An  Act  relative  to  the  times  when  the  several  dis-  (Jji^j)  347 

TRICT  COURTS,  OTHER  THAN  THE  MUNICIPAL  COURT  OF  THE 
CITY  OF  BOSTON,  SHALL  HOLD  CIVIL  AND  CRIMINAL  TRIALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ^tt! 'amended!' 
fifteen,  as  amended  by  section  one  of  chapter  two  hundred 
and  thirty  of  the  acts  of  the  current  year,  and  inserting  in 
place  thereof  the  following:  —  Section  15.     The  justices  of  i^^'j^r^Jo^^^.^^^ 
the  district  courts,  other  than  the  municipal  court  of  the  of  district 
city  of  Boston,  with  the  approval  in  each  instance  of  the  '^°"'^^^'  **"' 
administrative   committee  of  the   district  courts,   and  the 
justices  of  the  municipal  court  of  the  city  of  Boston  in  their 
sole  discretion,  shall  prescribe  the  times  for  holding  civil 


408 


Acts,  1939.  —  Chap.  347. 


G.  L.  (Ter. 
Ed.),  218,  §38. 
amended. 


Sittings,  etc. 


G.  L.  (Ter. 
Ed.).  218,  § 
amended. 


Uniform 
rules. 


and  criminal  trials  in  their  respective  courts  except  where 
such  times  are  established  by  law,  and  the  hours  when  their 
respective  courts  shall  open  for  the  transaction  of  business, 
and  shall  also  prescribe  reasonable  daily  office  hours  for  the 
clerks  of  their  respective  courts,  during  which  hours  the 
offices  of  such  clerks  shall  be  open.  Such  hours  shall  be 
fixed  with  reference  to  the  business  of  said  courts  and  the 
convenience  of  the  public  and  of  attorneys,  and  notice 
thereof  shall  be  posted  in  a  conspicuous  place  in  the  offices 
of  the  respective  clerks.  Clerks  shall  also  keep  their  offices 
open  whenever  the  court  so  orders. 

In  case  said  administrative  committee  and  the  justice  of 
any  district  court,  other  than  the  municipal  court  of  the 
city  of  Boston,  do  not  agree  upon  any  such  times  or  hour 
or  hours,  said  administrative  committee,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  may  by  its  order  es- 
tablish such  times  or  hour  or  hours,  and  such  order  shall  be 
binding  upon  said  court  and  the  clerk  thereof  as  if  the  times 
or  hour  or  hours  thereby  established  had  been  originally 
prescribed  by  the  justice  thereof  with  the  approval  of  said 
administrative  committee. 

Section  2.  Section  thirty-eight  of  said  chapter  two  hun- 
dred and  eighteen,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  striking  out  the  second  sentence 
and  inserting  in  place  thereof  the  following :  —  Sittings  of 
the  courts  shall  be  held  in  the  court  houses  or  other  places 
provided  therefor  by  the  county,  at  the  times  and  in  the 
towns  fixed  by  law;  but  if  the  times  are  not  fixed  by  law, 
they  shall  be  prescribed  as  provided  in  section  fifteen. 

Section  3.  Section  forty-three  of  said  chapter  two  hun- 
dred and  eighteen,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  fourth  and  fifth  lines,  the  words  "and 
for  holding  trials",  —  so  as  to  read  as  follows:  —  Section  1^3. 
The  justices,  or  a  majority  of  them,  of  all  the  distict  courts, 
except  the  municipal  court  of  the  city  of  Boston,  shall  from 
time  to  time  make  and  promulgate  uniform  rules  regulating 
the  time  for  the  entry  of  writs,  processes  and  appearances, 
the  filing  of  answers  in  civil  actions,  the  preparation  and 
submission  of  reports,  the  allowance  of  reports  which  a  jus- 
tice shall  disallow  as  not  conformable  to  the  facts,  or  shall 
fail  to  allow  by  reason  of  physical  or  mental  disability, 
death  or  resignation,  the  reporting  of  cases  reserved  for  re- 
port when  a  justice  shall  fail  to  report  the  same  by  reason 
of  physical  or  mental  disability,  death  or  resignation,  the 
granting  of  new  trials,  and  the  practice  and  manner  of  con- 
ducting business  in  cases  which  are  not  expressly  provided 
for  by  law,  including  juvenile  proceedings  and  those  relating 
to  wayward,  delinquent  and  neglected  children. 

Approved  July  12,  1989. 


Acts,  1939. —Chaps.  348,  349,  350.  409 


An  Act  decreasing  the  hours  of  labor  for  certain  (JJ^q^j)  34^ 
minors,  and  further  regulating  the  number  of  con-    '      ^' 
secutive  hours  within  which  certain  minors   may 
be  required  to  work. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws  g.  l.  (Xer 
is  hereby  amended  by  striking  out  section  sixty-seven,  as  ameAdetf.'    ^  ' 
appearing  in  the  Tercentenary  Edition,   and  inserting  in 
place  thereof  the  following:  —  Section  67.    Except  as  Hmited  ^"^^^t^^^''^"^ 
by  section  fifty-six,  no  person  shall  employ  a  boy  under  minors. 
eighteen  or  a  girl  under  twenty-one  or  permit  such  a  boy 
or  girl  to  work  in,  about  or  in  connection  with  any  estab- 
Ushment  or  occupation  named  in  section  sixty  for  more 
than  six  days  in  a  week,  or  more  than  forty-eight  hours  in 
a  week,  or  more  than  nine  hours  in  a  day,  and,  if  the  work 
performed  by  such  a  boy  or  girl  in  a  day  is  not  continuous, 
but  is  divided  into  two  or  more  periods,  the  person  employ- 
ing such  boy  or  girl  shall  so  arrange  his  or  her  work  that 
all  such  periods  shall  fall  within  a  period  of  ten  consecutive 
hours.  Approved  July  12,  1939. 

An  Act  authorizing  the  county  commissioners  of  the  (jJiQy  349 

COUNTY  of  BARNSTABLE  TO  PURCHASE  FOREST  FIRE  FIGHT- 
ING APPARATUS  FOR  USE  BY  TOWNS  WITHIN  SAID  COUNTY 
FOR  FIGHTING  FOREST  FIRES,  AND  TO  PROVIDE  FOR  THE 
CUSTODY,    MAINTENANCE   AND    USE    OF   SAID    APPARATUS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  county  of 
Barnstable  may  annually  expend  such  sum,  not  exceeding 
five  thousand  dollars,  as  may  be  appropriated  by  the  gen- 
eral court,  for  the  purchase  of  apparatus  to  be  used  by  the 
several  towns  within  said  county  in  preventing  and  extin- 
guishing forest  fires.  Said  commissioners  shall,  from  time 
to  time,  provide  by  rules  and  regulations  for  the  custody  and 
maintenance  of  said  apparatus,  and  for  the  use  of  said 
apparatus,  subject  to  the  pertinent  provisions  of  sections 
twenty-four  and  twentj^-five  of  chapter  forty-eight  of  the 
General  Laws  relative  to  the  use  and  control  of  apparatus 
in  the  extinguishment  of  fires. 

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

Approved  July  12,  1939. 

An  Act  to  authorize  the  town  of  fairhaven  to  supply  rji^Y)  350 
the  district  called  sconticut  neck  with  water.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Fairhaven  may  supply  that 
part  of  said  town  known  as  Sconticut  Neck,  as  defined  in 


410  Acts,  1939. —  Chap.  350. 

section  two  of  this  act,  and  the  inhabitants  thereof  with 
water  for  the  extinguishment  of  fires  and  for  domestic  and 
other  purposes,  may  estabUsh  fountains  and  hydrants,  re- 
locate and  discontinue  the  same,  and  may  regulate  the  use 
of  such  water  and  fix  and  collect  rates  to  be  paid  for  the  use 
of  the  same. 

Section  2.  For  the  purposes  of  this  act  Sconticut  Neck 
shall  constitute  the  territory  comprised  within  the  follow- 
ing boundary  Hues,  to  wit:  beginning  at  the  intersection  of 
the  center  line  of  Sconticut  Neck  road  with  the  northerly 
boundary  of  the  right  of  way  of  the  New  York,  New  Haven 
and  Hartford  railroad;  thence  running  easterly  by  the 
northerly  boundary  of  said  right  of  way  to  the  westerly 
bank  of  the  Nasketucket  river;  thence  southerly  by  said 
westerly  bank  and  the  shore  line  of  Little  bay  and  Naske- 
tucket bay;  thence  rounding  the  southerly  point  of  Sconticut 
Neck  and  running  northerly  by  the  shore  fine  of  Buzzards 
bay  to  a  point ;  thence  due  north  to  a  point  on  the  northerly 
boundary  of  the  right  of  way  of  said  New  York,  New  Haven 
and  Hartford  railroad;  thence  easterly  by  the  northerly 
boundary  of  said  right  of  way  a  distance  of  fifteen  hundred 
feet  to  the  point  of  beginning. 

Section  3.  For  the  purposes  aforesaid,  said  town,  acting 
by  and  through  its  board  of  water  commissioners  herein- 
after provided  for,  may  contract  with  the  Fairhaven  Water 
Company,  hereinafter  called  the  company,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted;  and  for  said  purposes  the  town  may  lay 
mains  and  service  pipes,  install  meters,  hydrants,  fountains, 
standpipes,  elevated  tanks,  pumping  stations  and/or  any 
other  works  necessary  for  the  purposes  of  this  act,  and 
may  contract  with  the  company  for  the  installation  of  such 
works  and/or  for  the  maintenance  and  operation  of  any 
such  works  and  for  the  performance  of  any  other  work  for 
the  said  purposes;  and  may  appoint  the  company  to  be 
its  agent  in  the  billing  and  collection  of  water  rates.  Upon 
request  of  the  town  the  company  shall  furnish  whatever 
water  may  be  required  and  in  case  of  failure  of  the  town  and 
the  company  to  agree  upon  the  price  to  be  paid  by  the  town 
for  the  water  thus  furnished  the  department  of  public  utili- 
ties upon  the  request  of  either  party  shall  determine  the 
price.  For  the  purposes  of  this  act  said  town  may  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  or  acquire  by  lease,  purchase,  gift,  devise  or  other- 
wise, and  hold,  all  necessary  lands,  rights  of  way,  and  other 
easements;  and  for  said  purposes  said  town  may  acquire 
by  lease,  purchase,  gift,  bequest  or  otherwise  any  appliances, 
works,  tools,  machinery  and  other  equipment  that  may  be 
necessary  or  expedient  in  carrying  out  the  provisions  of  this 
act.  Said  town  may  construct  and  maintain  on  the  lands 
acquired  and  held  under  this  act  all  necessary  works,  and 
may  make  excavations,  procure  and  operate  machinery, 
and  provide  such  other  means  and  apphances  and  do  such 


Acts,  1939.  —  Chap.  350.  411 

other  things  as  may  be  necessary  for  the  estabhshment  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  such  manner  as  not  unneces- 
sarily to  obstruct  the  same;  and  for  the  purposes  of  con- 
structing, lajdng,  maintaining,  operating  and  repairing  such 
conduits,  pipes  and  other  works,  and  for  all  other  proper 
purposes  of  this  act,  said  town  may  dig  up  or  raise  and  em- 
bank any  such  lands,  highways  or  other  ways  in  such  man- 
ner as  to  cause  the  least  hindrance  to  public  travel  thereon; 
provided,  that  all  things  done  upon  any  such  way  shall  be 
subject  to  the  direction  of  the  selectmen  of  said  town.  Said 
town  shall  not  enter  upon,  construct  or  lay  any  conduits, 
pipes  or  other  works  within  the  location  of  any  railroad 
corporation  except  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  pub- 
He  utilities.  Said  town  may  enter  upon  any  lands  for  the 
purpose  of  making  surveys,  test  pits  and  borings,  and  may 
take  or  otherwise  acquire  the  right  to  occupy  temporarily 
any  lands  necessary  for  the  construction  of  any  works  or 
for  any  other  purpose  authorized  by  this  act. 

Section  4.  The  land  and  other  property  taken  or  ac- 
quired under  this  act,  and  all  works,  buildings  and  other 
structures  erected  or  constructed  thereunder,  shall  be  man- 
aged, improved  and  controlled  by  the  board  of  water  com- 
missioners hereinafter  provided  for,  in  such  manner  as  they 
shall  deem  for  the  best  interest  of  the  town. 

Section  5.  Any  person  or  corporation  injured  in  his  or 
its  property  by  any  action  of  said  town  or  board  under  this 
act  may  recover  damages  from  said  town  under  said  chapter 
seventy-nine. 

Section  6.  Said  town  may,  for  the  purpose  of  paying 
the  necessary  expenses  and  liabilities  incurred  or  to  be  in- 
curred under  the  provisions  of  this  act,  other  than  expenses 
of  maintenance  and  operation,  issue  from  time  to  time 
bonds  or  notes  to  an  amount,  not  exceeding,  in  the  aggre- 
gate, one  hundred  eighty  thousand  six  hundred  and  forty 
dollars,  which  shall  bear  on  their  face  the  words,  Town  of 
Fairhaven  Water  Loan,  Act  of  1939.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be  pay- 
able in  not  more  than  thirty  years  from  their  dates.  In- 
debtedness incurred  under  this  act  shall  be  subject  to  chap- 
ter forty-four  of  the  General  Laws. 

Section  7.  Said  town  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  the  provisions  of  section  six ;  and  when  a  vote 
to  that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  the  water  rates,  will  be  sufficient  to  pay  the 
annual  expense  of  operating  its  water  works  or  the  purchas- 
ing of  water  and  the  maintenance  of  its  pipe  lines,  as  the 


412  Acts,  1939.  —  Chap.  350. 

case  may  be,  and  the  interest  as  it  accrues  on  the  bonds  or 
notes  issued  as  aforesaid,  and  to  make  such  payments  on 
the  principal  as  may  be  required  under  the  provisions  of 
this  act,  shall  without  further  vote  be  assessed  by  the 
assessors  of  said  town  annually  thereafter  in  the  same  man- 
ner as  other  taxes,  until  the  debt  incurred  by  the  said  loan 
or  loans  is  extinguished. 

Section  8.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  of  the  waters  taken  or  held  under  this 
act,  or  injures  any  structure,  work  or  other  property  owned, 
held  or  used  by  said  town  under  the  authority  and  for  the 
purposes  of  this  act,  shall  forfeit  and  pay  to  said  town  three 
times  the  amount  of  damages  assessed  therefor,  to  be  recov- 
ered in  an  action  of  tort;  and  upon  conviction  of  any  one  of 
the  above  wilful  or  wanton  acts  shall  be  punished  by  a  fine 
of  not  more  than  three  hundred  dollars  or  by  imprisonment 
for  not  more  than  one  year. 

Section  9.  The  selectmen  of  said  town  shall  serve  as 
water  commissioners  until  the  election  and  qualification 
of  water  commissioners  at  the  annual  meeting  of  said  town 
in  nineteen  hundred  and  forty  or  at  such  later  date,  if  any, 
as  the  town  may  elect  water  commissioners.  Whenever 
the  phrase  "said  board  of  water  commissioners"  or  "said 
board"  or  "said  commissioners"  occurs  in  this  act  it  shall 
mean  and  include  the  board  of  water  commissioners  or  the 
selectmen  acting  as  such,  as  the  case  may  be.  Said  town 
may,  after  its  acceptance  of  this  act,  at  a  meeting  called 
for  the  purpose,  and  without  the  necessity  of  a  prior  caucus 
for  the  nomination  of  candidates,  elect  by  ballot  three  per- 
sons to  hold  office,  one  until  the  expiration  of  three  years,  one 
until  the  expiration  of  two  years,  and  one  until  the  expira- 
tion of  one  3''ear,  from  the  next  succeeding  annual  town 
meeting,  to  constitute  a  board  of  water  commissioners ;  and 
at  the  annual  town  meeting  held  on  the  day  on  which 
the  shortest  of  such  terms  expires,  and  at  each  annual  town 
meeting  thereafter,  one  such  commissioner  shall  be  elected 
by  ballot  for  the  term  of  three  years.  All  the  authority 
granted  to  the  town  by  this  act,  except  sections  six  and 
seven,  and  not  otherwise  specially  provided  for,  shall  be 
vested  in  said  board  of  water  commissioners,  who  shall  be 
subject,  however,  to  such  instructions,  rules  and  regula- 
tions as  said  town  may  impose  by  its  vote.  A  majority  of 
said  commissioners  shall  constitute  a  quorum  for  the  trans- 
action of  business.  After  the  election  of  a  board  of  water 
commissioners  under  authority  of  this  section,  any  va- 
cancy occurring  in  said  board  from  any  cause  may  be  filled 
for  the  remainder  of  the  unexpired  term  by  said  town  at 
any  legal  town  meeting  called  for  the  purpose.  Any  such 
vacancy  may  be  filled  temporarily  in  the  manner  provided 
by  section  eleven  of  chapter  forty-one  of  the  General  Laws, 
and  the  person  so  appointed  shall  perform  the  duties  of  the 
office  until  the  next  annual  meeting  of  said  town  or  until 
another  person  is  qualified. 


Acts,  1939. —  Chap.  351.  413 

Section  10.  Said  commissioners  shall  fix  just  and 
equitable  prices  and  rates  for  the  use  of  water,  and  shall 
prescribe  the  time  and  manner  of  payment.  The  income  of 
the  water  works  shall  be  appropriated  by  vote  of  said  town 
to  defray  all  operating  expenses,  interest  charges  and  pay- 
ments on  the  principal  as  they  accrue  upon  any  bonds  or 
notes  issued  under  authority  of  this  act.  If  there  should  be 
a  net  surplus  remaining  after  providing  for  the  aforesaid 
charges,  it  may  be  appropriated  for  such  new  construction 
as  the  water  commissioners,  with  the  approval  of  the  town, 
may  determine  upon,  and  in  case  a  surplus  should  remain 
after  payment  for  such  new  construction  the  water  rates 
shall  be  reduced  proportionately.  All  authority  vested  in 
said  commissioners  by  the  foregoing  provisions  of  this  sec- 
tion and  by  section  four  shall  be  subject  to  the  provisions 
of  section  nine.  Said  commissioners  shall  annually,  and  as 
often  as  the  town  may  require,  render  a  report  upon  the 
condition  of  the  works  under  their  charge,  and  an  account 
of  their  doings,  including  an  account  of  the  receipts  and  ex- 
penditures. 

Section  11.  Upon  acceptance  of  this  act  by  the  town  of 
Fairhaven  all  rights  granted  the  Fairhaven  Water  Company 
by  chapter  one  hundred  and  ninety-six  of  the  acts  of  eighteen 
hundred  and  eighty-eight,  as  revived  and  continued  in  force 
by  chapter  two  hundred  and  thirty-two  of  the  acts  of  eight- 
een hundred  and  ninety-three  and  acts  in  addition  thereto 
and  in  amendment  thereof,  shall  become  null  and  void  and 
have  no  further  effect  so  far  as  they  relate  to  the  territory 
defined  in  section  two  of  this  act. 

Section  12.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  town  meeting  members  of  the 
town  of  Fairhaven  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  July  12,  1939. 


Chap. Sol 


An  Act  further  regulating  the  sale  within  the  com- 
monwealth OF  articles  of  bedding  and  of  uphol- 
stered   FURNITURE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter    ninety-four    of    the    General    Laws    is    hereby  o.  l.  (Ter. 
amended  by  inserting  after  section  two  hundred  and  sev-  fiioD,' 
enty  C,  inserted  by  section  two  of  chapter  one  hundred  and  inserted. 
ninety-six  of  the  acts  of  the  current  year,  the  following  new 
section:  —  Section  270D.    No  person  shall  sell,  or  advertise,  Saie  of 
offer  or  expose  for  sale,  or  have  in  his  custody  or  possession  uphoisfer^ed* 
with  intent  so  to  do,  any  article  of  bedding  or  upholstered 
furniture  manufactured  without  the  commonwealth  by  a 
manufacturer,  or  sold  within  the  commonwealth  by  a  whole- 
saler, residing  without  the  commonwealth  and  having  no 
usual  place  of  business  within  the  commonwealth,  unless 


furniture, 
pgulated. 


414  Acts,  1939.  —  Chap.  352. 

there  is  placed  upon  the  tag,  in  any  case  where  a  tag  is 
required  by  section  two  hundred  and  seventy  or  by  section 
two  hundred  and  seventy  C,  the  name  of  such  manufacturer 
or  wholesaler  and  the  serial  number  of  the  permit  granted 
to  him  by  the  department  of  public  health.  Any  person 
residing  without  the  commonwealth  and  having  no  usual 
place  of  business  within  the  commonwealth  who  manufac- 
tures or  sells  at  wholesale  articles  of  bedding  or  upholstered 
furniture  which  may  be  sold  within  the  commonwealth  may 
obtain  from  said  department  a  permit  to  sell  such  articles 
within  the  commonwealth,  which  permits  said  department  is 
hereby  authorized  to  grant  and  to  renew  annually.  Every 
such  permit  shall  bear  a  serial  number,  and  each  article  of 
bedding  or  upholstered  furniture  sold  within  the  common- 
wealth by  any  such  manufacturer  or  wholesaler  shall  bear 
the  proper  permit  number  and  shall  also  be  labelled  with 
the  date  of  delivery  within  the  commonwealth.  The  fee  for 
every  such  permit  and  for  each  annual  renewal  thereof  shall 
be  fifty  dollars.  Said  department,  after  notice  by  registered 
mail  to  the  holder  of  a  permit  granted  under  this  section  and 
an  opportunity  to  be  heard,  may  suspend  or  revoke  such 
permit  if  it  appears  that  the  holder  thereof  has  violated  any 
pertinent  provision  of  sections  two  hundred  and  seventy  to 
two  hundred  and  seventy-seven,  inclusive.  Whoever  vio- 
lates any  provision  of  this  section  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars. 

Approved  July  12,  1939. 

Chap.3d2  An  Act  further  regulating  the  hours  of  labor  of 

CERTAIN    minors   UNDER    SIXTEEN    YEARS    OF   AGE. 

Be  it  enacted,  etc.,  as  follows: 

Edt.'  m  §  65.  Section  sixty-five  of  chapter  one  hundred  and  forty-nine 
ameAded.'  '  of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  inserting  after  the  word  "eve- 
ning" in  the  seventh  line  the  following  new  sentence:  —  If 
the  work  performed  by  any  such  minor  in  a  day  is  not  con- 
tinuous, but  is  divided  into  two  or  more  periods,  the  person 
employing  such  minor  shall  so  arrange  such  minor's  work 
that  all  such  periods  of  work  shall  fall  within  a  period  of 
Hours  of  labor  nine  cousecutivc  hours,  —  so  as  to  read  as  follows:  —  Sec- 
uLder'sfxtlen.  tiou  65.  No  pcrsou  shall  employ  a  minor  under  sixteen 
or  permit  him  to  work  in,  about  or  in  connection  with  any 
establishment  or  occupation  named  in  section  sixty,  or  for 
which  an  employment  certificate  is  required,  for  more  than 
six  days  in  any  one  week,  or  more  than  forty-eight  hours  in 
any  one  week,  or  more  than  eight  hours  in  any  one  day,  or, 
except  as  provided  in  section  sixty-nine,  before  half  past 
six  o'clock  in  the  morning,  or  after  six  o'clock  in  the  eve- 
ning. If  the  work  performed  by  any  such  minor  in  a  day  is 
not  continuous,  but  is  divided  into  two  or  more  periods,  the 
person  employing  such  minor  shall  so  arrange  such  minor's 
work  that  all  such  periods  of  work  shall  fall  within  a  period 


Acts,  1939.  —  Chaps.  353,  354.  415 

of  nine  consecutive  hours.  The  time  spent  by  such  a  minor 
in  a  continuation  school  or  course  of  instruction  as  required 
by  section  twenty-two  of  chapter  seventy-one  shall  be 
reckoned  as  a  part  of  the  time  he  is  permitted  to  work. 

Approved  July  12,  1939. 

An  Act  relative  to  the  retirement  rights  of  henry  d.  Chap.S53 

CHADWICK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Henry  D.  Chadwick  is  hereby  authorized  to 
pay  into  the  annuity  savings  fund  of  the  contributory  re- 
tirement system  of  Middlesex  county  a  sum  equal  to  the 
amount  which  was  returned  to  him  out  of  the  annuity  sav- 
ings fund  of  the  state  retirement  system,  with  interest 
thereon  at  three  per  cent  from  July  first,  nineteen  hundred 
and  thirty-eight,  to  the  date  of  such  payment,  together  with 
a  sum  equal  to  that  which  would  have  been  deducted  from 
his  salary  had  he  been  reinstated  in  the  state  retirement 
system  on  October  first,  nineteen  hundred  and  thirty-three 
with  interest  at  three  per  cent  to  the  date  of  such  payment. 

Section  2.  When  such  payments  have  been  made,  said 
Henry  D.  Chadwick  shall  become  a  member  of  the  con- 
tributory retirement  system  of  Middlesex  county  and  shall 
pay  into  the  annuity  savings  fund  of  such  system  an  amount 
equal  to  that  which  he  would  have  paid  into  such  fund  had 
he  become  a  member  of  said  system  on  September  first, 
nineteen  hundred  and  thirty-eight,  with  interest  at  three  per 
cent. 

Section  3.  All  payments  under  this  act  shall  be  made 
on  or  before  October  fifteenth,  nineteen  hundred  and  thirty- 
nine. 

Section  4.  Upon  his  retirement  from  the  service  of 
Middlesex  county,  said  Henry  D.  Chadwick  shall  receive 
a  retirement  allowance  as  provided  under  section  twenty- 
three  of  chapter  thirty-two  of  the  General  Laws,  as  appear- 
ing in  section  one  of  chapter  four  hundred  of  the  acts  of 
nineteen  hundred  and  thirty-six  and  as  later  amended,  and 
the  pension  therein  provided  shall  be  paid  in  accordance 
with  section  thirty-seven  D  of  said  chapter  thirty-two,  in- 
serted by  section  three  of  chapter  three  hundred  and  eight- 
een of  the  acts  of  nineteen  hundred  and  thirty-six  and  as 
amended.  Approved  July  13,  1939. 

An  Act  excluding  certain  farm  machinery  and  imple-  rih..j.  0^4 
ments   from   the   provisions   of  the   motor   vehicle  P' 

LAWS,  defining  THE  PHRASE  "  HEAVY  DUTY  PLATFORM 
trailer"  and  relative  TO  THE  FEES  FOR  THE  REGIS- 
TRATION OF  SUCH  TRAILERS  AND  OF  FARM  TRACTORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  one  of  chapter  ninety  of  the  General  g.  l.  (Ter 
Laws,  as  amended,  is  hereby  further  amended  by  inserting  ^tc"! 'amended. 


416 


Acts,  1939.  —  Chap.  354. 


Term  "Heavy 
duty  platform 
trailer" 
defined. 


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


"TraUer 
defined. 


G.  L.  (Ter. 
Ed.1,  90,  §  33, 
etc.,  amended. 


Registration 
fee  for  certain 
trailers. 


G.  L.  (Ter. 
Ed.),  90,  §  33, 
etc.,  further 
amended. 


Fee  for 

registration  of 
certain 
tractors,  etc. 


after  the  word  "storage"  in  the  fifteenth  Une,  as  appearing 
in  the  Tercentenary  Edition,  the  following  new  paragraph:  — 

"Heavy  duty  platform  trailer",  a  vehicle  especially  con- 
structed for  transporting  machinery,  contractors'  equip- 
ment, or  other  heavy  or  clumsy  units.  The  top  surface  of 
the  deck  or  platform  of  such  a  vehicle  shall  not  be  more  than 
twenty-four  inches  above  the  surface  on  which  the  wheels 
of  the  vehicle  rest. 

Section  2,  Said  section  one  of  said  chapter  ninety,  as 
amended,  is  hereby  further  amended  by  adding  at  the  end 
of  the  paragraph  defining  "Trailer",  as  appearing  in  section 
two  of  chapter  three  hundred  and  thirty-two  of  the  acts  of 
nineteen  hundred  and  thirty-three,  the  words :  —  ,  nor  farm 
machinery  or  implements  when  used  in  connection  with  the 
operation  of  a  farm  or  estate,  —  so  that  said  paragraph  will 
read  as  follows :  — 

"Trailer",  a  vehicle  used  for  carrying  passengers  or  per- 
sonal property  and  having  no  motive  power  of  its  own,  but 
which  is  drawn  by,  or  used  in  combination  with,  a  motor 
vehicle.  It  shall  not  include  a  pole  dolly  or  pole  dickey,  so 
called,  nor  a  pair  of  wheels  commonly  used  as  an  implement 
for  other  purposes  than  transportation,  nor  farm  machinery 
or  implements  when  used  in  connection  with  the  operation 
of  a  farm  or  estate. 

Section  3.  Subdivision  (4)  of  the  paragraph  of  section 
thirty-three  of  said  chapter  ninety,  inserted  by  section  one 
of  chapter  four  hundred  and  nine  of  the  acts  of  nineteen 
hundred  and  thirty-five,  as  appearing  in  section  one  of  chap- 
ter three  hundred  and  eighty  of  the  acts  of  nineteen  hundred 
and  thirty-six,  is  hereby  amended  by  adding  at  the  end  the 
words :  —  ,  but  in  no  event  less  than  fifteen  dollars,  —  so 
as  to  read  as  follows :  —  (4)  For  the  registration  of  every 
heavy-duty  platform  trailer,  fifteen  cents  for  every  hundred 
pounds  of  the  weight  of  every  such  vehicle  and  its  maxi- 
mum carrying  capacity,  but  in  no  event  less  than  fifteen 
dollars. 

Section  4.  Subdivision  (6)  of  said  paragraph  of  said 
section  thirty-three,  as  so  inserted  and  so  appearing,  is 
hereby  amended  by  inserting  after  the  word  "dollars"  in 
the  fourth  line  the  words :  —  ;  except  that  the  fee  to  be 
collected  for  the  registration  of  a  farm  tractor  not  a  part  of 
a  semi-trailer  unit  shall  be  two  dollars  if  the  tractor  is  used 
exclusively  for  agricultural  purposes,  —  so  as  to  read  as 
follows :  —  (6)  For  the  registration  of  every  tractor  not  a 
part  of  a  semi-trailer  unit,  fifteen  cents  for  every  hundred 
pounds  of  the  weight  of  such  tractor  and  its  equipment, 
but  in  no  event  less  than  six  dollars;  except  that  the  fee  to 
be  collected  for  the  registration  of  a  farm  tractor  not  a  part 
of  a  semi-trailer  unit  shall  be  two  dollars  if  the  tractor  is  used 
exclusively  for  agricultural  purposes.  The  provisions  of  this 
paragraph  shall  not  apply  to  any  vehicle  the  fee  for  the 
registration  of  which  is  provided  for  in  the  second  preceding 
paragraph.    The  aforesaid  weight  shall  mean  the  weight  of 


Acts,  1939. —Chaps.  355,  356,  357.  417 

such  vehicle  when  fully  equipped  for  the  road.  The  commis- 
sioner of  public  works  may  establish  rules  for  determining 
the  weight  of  such  vehicle  and  its  maximum  carrying 
capacity,  and  he  may  in  his  discretion  use  the  maker's 
weight  with  due  allowance  for  extras. 

Approved  July  13,  1989. 

An  Act  providing  for  the  retirement  by  the  city  of  (JJiq^j)  355 
fitchburg  of  certain  call  members  of  its  fire  de-  ^* 

partment. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  chief  of  the  fire  department  of  the  city 
of  Fitchburg,  with  the  approval  of  the  mayor,  shall  retire 
from  active  service  every  call  fireman,  unless  he  is  an  officer 
of  said  department,  who  prior  to  the  effective  date  of  this 
act  has  attained,  or  thereafter  shall  attain,  the  age  of  sixty- 
five.  Every  call  fireman  so  retired  shall  receive  an  annual 
pension,  payable  monthly,  equal  to  one  half  of  the  annual 
salary  received  by  him  at  his  retirement  if  he  was  a  member 
of  said  department  on  said  effective  date,  but  not  otherwise. 

Section  2.  This  act  shall  take  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,  but  not 
otherwise.  Approved  July  13,  1939. 

An  Act  exempting  from  certain  municipal  license  fees  Chav.S56 

PERSONS   LICENSED    TO   HOLD    OR    CONDUCT   HORSE    OR   DOG 
RACING    MEETINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  one  hundred  and  twenty-eight  A  g.  l.  (Tct. 
of  the  General  Laws,  inserted  by  section  three  of  chapter  §'4',  etc^f  ' 
three  hundred  and  seventy-four  of  the  acts  of  nineteen  hun-  amended. 
dred  and  thirty-four,  is  hereby  amended  by  striking  out  the 
last  paragraph  and  inserting  in  place  thereof  the  following 
paragraph :  — 

No  license  fee  for  the  privilege  of  holding  or  conducting  Exemption 
a  horse  or  dog  racing  meeting,  or  for  any  other  purpose  [["ensi^fees. 
peculiarly  incidental  to  the  holding  or  conducting  of  such 
a  meeting,  shall  be  imposed  upon  or  collected  from  such  a 
licensee  by  any  city  or  town.         Approved  July  13,  1939. 

An  Act  authorizing  the  department  of  mental  health  (jJkij)  357 
TO  acquire  a  water  supply  for  the  danvers  state 
hospital  by  taking  water  sources  in  danvers,  mid- 
dleton  and  north  reading  or  by  purchasing  water 
from  certain  sources. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  supplying  the  Danvers 
state  hospital  with  water  of  satisfactory  quahty  for  drink- 


418  Acts,  1939.  — Chap.  357. 

ing,  culinary  and  other  purposes,  the  department  of  mental 
health,  on  behalf  of  the  commonwealth,  may,  with  the  ap- 
proval of  the  governor  and  council,  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
by  gift,  purchase  or  otherwise,  the  waters  of  any  pond  or 
stream,  or  of  any  ground  water  sources  of  supply,  by  means 
of  driven,  artesian  or  other  wells  within  the  limits  of  the 
towns  of  Danvers,  Middleton  and  North  Reading,  or  any 
of  said  towns,  not  already  appropriated  for  the  purposes  of 
a  pubhc  water  supply,  and  the  water  rights  connected  with 
any  such  water  sources,  and  may  contract  with  any  munici- 
pality, acting  through  its  water  department,  or  with  any 
water  company,  or  with  any  water  district,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted;  and  may  so  take,  or  acquire  by  gift,  pur- 
chase or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
easements  necessary  for  collecting,  storing,  holding,  purify- 
ing and  preserving  the  purity  of  such  water  and  for  convey- 
ing the  same  to  any  part  of  the  lands  of  the  Danvers  state 
hospital.  No  sources  of  water  supply  and  no  lands  neces- 
sary for  preserving  the  quality  of  the  water  shall  be  taken 
or  used  under  this  act  without  first  obtaining  the  approval 
of  the  department  of  public  health,  and  the  location  of  all 
dams,  reservoirs  and  wells  to  be  used  as  sources  of  water 
supply  under  this  act  shall  be  subject  to  the  approval  of 
said  department. 

Section  2.  For  the  purpose  aforesaid,  the  department  of 
mental  health  may  expend  such  sums  as  may  hereafter  be 
appropriated. 

Section  3.  Upon  the  giving  of  a  notice  by  the  depart- 
ment of  mental  health  to  the  town  of  Danvers,  stating  that 
a  water  supply  for  the  Danvers  state  hospital  has  been 
established  or  procured  as  authorized  by  section  one  of  this 
act,  and  the  filing  of  a  copy  of  said  notice  in  the  office  of 
the  state  secretary,  chapter  three  hundred  and  ninety-four  of 
the  acts  of  nineteen  hundred  and  twenty  shall  become  null 
and  void. 

Section  4.  No  action  shall  be  taken  by  the  department 
of  mental  health  in  establishing  or  procuring  a  new  water 
supply  under  this  act  before  September  first,  nineteen  hun- 
dred and  forty,  and  if,  prior  to  said  date,  the  town  of  Dan- 
vers shall  have  commenced  to  supply  water  to  the  Danvers 
state  hospital  of  a  quality  certified  by  the  department  of 
public  health  as  satisfactory  and  evidenced  by  a  certificate 
filed  by  said  department  with  the  water  and  sewer  commis- 
sioners of  said  town  and  the  department  of  mental  health, 
then  the  preceding  sections  of  this  act  shall  become  null  and 
void.  Approved  July  13,  1939. 


Acts,  1939. —Chaps.  358,  359,  360.  419 


An  Act  relative  to  the  use  of  certain  park  land  and  QJi^j)  358 

COMMON  landing  PLACE  IN  THE  TOWN  OF  BARNSTABLE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  Barnstable  is  hereby  authorized,  by  vote  at 
any  annual  town  meeting,  to  discontinue  the  use  of  its 
Craigville  Beach  park  land  for  park  purposes  and  to  discon- 
tinue the  use  of  the  common  landing  place  adjoining  it  on 
the  west  side  as  a  common  landing  place,  and  thereafter 
to  use  and  maintain  said  park  land  and  the  land  formerly 
constituting  said  common  landing  place  as  a  town  bathing 
beach  or  for  such  other  municipal  purposes  as  it,  from  time 
to  time,  may  determine,  and  said  town  may  restrict  the  use 
of  the  same  to  its  inhabitants  and  to  its  seasonal  and  tem- 
porary residents,  and  may  adopt  by-laws,  not  repugnant  to 
law,  relative  to  the  use,  care,  regulation  and  control  of  the 
same  for  such  purposes.  Approved  July  I4,  1939. 

An  Act  relative  to  the  authority  of  domestic  insur-  (JIkuj  359 
ance  companies  to  invest  in  real  estate  mortgages  "^     ^' 

insured  UNDER  THE  NATIONAL  HOUSING  ACT. 

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

Be  it  enacted,  etc.,  as  follows: 

Any  provision  of  section  one  of  chapter  one  hundred  and 
sixty-two  of  the  acts  of  nineteen  hundred  and  thirty-five, 
as  most  recently  amended  by  chapter  two  hundred  and 
forty-one  of  the  acts  of  the  current  year,  to  the  contrary 
notwithstanding,  any  domestic  insurance  company  is  hereby 
authorized,  subject  to  such  regulations  as  the  commissioner 
of  insurance  deems  to  be  necessary  or  advisable,  to  make 
such  loans  secured  by  mortgages  on  real  property,  within 
or  without  the  commonwealth,  as  are  insured  by  the  federal 
housing  administrator,  under  the  provisions  of  the  National 
Housing  Act,  or  of  any  act  in  amendment  thereof  or  in  ad- 
dition thereto,  and  to  obtain  such  insurance,  for  a  period  of 
three  years  from  the  effective  date  of  this  act,  and  for  such 
further  period  as  the  said  commissioner  may  authorize  in 
writing  in  such  form  as  he  may  prescribe. 

Approved  July  14,  1939. 

An  Act  changing  the  minimum  age  requirement  for  nhn^)  360 

APPOINTMENT  OF  CORRECTION  OFFICERS  AT  CERTAIN  STATE  ^' 

PENAL  AND  REFORMATORY  INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  twenty-five  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  F^;^-  H^^^ 


420 


Acts,  1939.  —  Chap.  361. 


Correction 

officers, 

minimum 


G.  L.  (Ter. 
Ed.),  125,  §  IJ 
etc.,  amended. 


Officers  at 
correction 
institutions. 


four,  as  amended,  the  following  new  section:  —  Section  4-A. 
In  certifying  the  names  of  persons  ehgible  to  appointment 
as  correction  officers  at  the  state  prison,  state  prison  colony, 
Massachusetts  reformatory  and  state  farm,  the  commis- 
sioner of  civil  service  shall  certify  the  names  of  persons  over 
the  age  of  twenty-two  and  under  the  age  of  forty. 

Section  2.  Section  thirteen  of  said  chapter  one  hundred 
and  twenty-five,  as  amended  by  chapter  two  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundred  and  thirty-six, 
is  hereby  further  amended  by  striking  out  the  last  sentence, 
so  as  to  read  as  follows: —  Section  13.  The  officers  of  the 
state  prison  shall  be  a  warden,  deputy  warden,  chaplain, 
physician  and  surgeon,  clerk,  engineer,  not  more  than  three 
assistant  engineers,  electrician,  and  as  many  correction  of- 
ficers, not  exceeding  fifty-eight,  as  the  warden,  subject  to 
the  approval  of  the  commissioner,  may  find  necessary;  pro- 
vided, that  there  may  be  employed  therein  such  additional 
officers  as  the  commissioner  shall  consider  necessary  to  com- 
ply with  section  thirty-nine  of  chapter  one  hundred  and 
forty-nine.  Approved  July  I4,  1939. 


G.  L.  (Ter. 
Ed.),  32,  §  78, 
amended. 


Laborers  in 
fire  and  water 
districts. 


C/?ap.361  An  Act  providing  for  the  retirement  of  laborers  of 

SEWERAGE  DISTRICTS  AND  CERTAIN  JOINT  WATER  BOARDS, 
AND  REGULATING  THE  MANNER  OF  COMPUTING,  FOR  RE- 
TIREMENT PURPOSES,  THE  TIME  OF  SERVICE  OF  LABORERS 
RETIRED  BY  CERTAIN  WATER  AND  SEWERAGE  DISTRICTS 
AND   CERTAIN  JOINT  WATER   BOARDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-two  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  seventy-eight,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following:  —  Section  78.  Any  laborer 
employed  by  any  fire,  water  or  sewerage  district,  or  a  joint 
water  board  of  two  or  more  municipalities,  hereinafter  called 
a  water  board,  which  accepts  this  section  or  has  accepted 
corresponding  provisions  of  earlier  laws,  who  has  reached 
the  age  of  sixty  and  has  been  in  the  employ  of  such  district 
or  water  board  for  not  less  than  twenty-five  years  and  has 
become  physically  or  mentally  incapacitated  for  labor,  and 
any  laborer  in  the  employ  of  any  such  district  or  water 
board  who  has  been  in  such  employ  for  a  period  of  not  less 
than  fifteen  years  and  has  become  physically  or  mentally 
incapacitated  for  labor  by  reason  of  any  injury  received  in 
the  performance  of  his  duties  for  such  district  or  water 
board,  may,  at  his  request,  with  the  approval  of  the  pru- 
dential committee,  water  commissioners,  water  board  or 
sewerage  commissioners  be  retired  from  service;  and  if  so 
retired  he  shall  receive  from  the  district  or  water  board,  for 
the  remainder  of  his  life,  an  annual  pension  equal  to  one 
half  of  the  average  annual  rate  of  regular  compensation  for 
full  time  service  paid  to  him  as  a  laborer  at  his  retirement. 


Acts,  1939.  —  Chaps.  362,  363.  421 

Any  laborer  in  the  employ  of  such  a  district  or  water  board 
who  has  reached  the  age  of  sixty-five  and  has  been  in  such 
employ  for  not  less  than  twenty-five  years  shall  be  retired 
from  service,  and  shall  receive  from  the  district  or  water 
board  an  annual  pension  computed  in  the  manner  herein- 
before set  forth.  In  the  event  that  a  district  or  water  board 
has  succeeded  or  shall  succeed  to  the  water  or  sewage  dis- 
posal works  of  any  city  or  town,  the  time  of  service  of  any 
laborer  on  any  such  works,  who  has  become  or  shall  become 
an  employee  of  such  district  or  water  board,  shall  be  com- 
puted as  having  been  rendered  to  the  district  or  water  board. 
This  section  shall  take  effect  in  any  fire,  water  or  sewerage 
district  if  accepted  by  the  district  at  a  meeting,  and  shall 
take  effect  with  respect  to  a  water  board  ff  accepted  by  such 
board. 

Section  2.     Nothing  in  this  act  shall  authorize  any  ac-  Construction. 
tion  contrary  to  section  seventy-eight  A  of  chapter  thirty- 
two  of  the  General  Laws.  Approved  July  15,  1939. 

An  Act  reviving  the  Swansea  fire  and  water  district  QJkij)  3g2 

FOR    CERTAIN   PURPOSES. 

Be  it  enacted,  etc.,  as  follows. 

Section  1.  The  Swansea  Fire  and  Water  District,  abol- 
ished by  section  one  of  chapter  ninety-two  of  the  acts  of 
nineteen  hundred  and  thirty-seven,  is  hereby  revived  for 
the  sole  purposes  of  paying  certain  obhgations  incurred  by 
it  prior  to  its  abolition  and  of  paying  to  the  town  of  Swan- 
sea the  balance  of  any  moneys  of  said  district  remaining 
after  the  payment  of  its  obligations  as  aforesaid. 

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

Approved  July  18,  1939. 

An  Act  relative  to  the  taxation  of  corporations  in-  rr;,^^  oao 
terested  in  ships  and  vessels.  LAiap.ODo 

Whereas,   The  deferred  operation  of  this  act  would  cause  Emergency 
substantial  inconvenience,  therefore  it  is  hereby  declared  to  P''<^'i"'''ie- 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-two  of  chapter  sixty-three  of  EdV'6JT32 
the  General  Laws,  as  most  recently  amended  by  section  five  etc., 'amended'. 
of  chapter  three  hundred  and  sixty-two  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  is  hereby  further  amended  by 
adding  after  the  word  "taxation"  in  the  fifth  fine  of  sub- 
section (1)  the  words:  —  nor  taxable  under  section  sixty- 
seven,  —  so  as  to  read  as  follows:  —  Section  32.    Except  as  Excise  on 
otherwise  provided  in  sections  thirty-four  and  thirty-eight  B,  bu^nl^ 
every  domestic  business  corporation  shall  pay  annually  an  corporations. 
excise  equal  to  the  sum  of  the  following,  provided,  that  every 
such  corporation  shall  pay  annually  a  total  excise  not  less 


422  Acts,  1939.  —  Chaps.  364,  365. 

in  amount  than  one  twentieth  of  one  per  cent  of  the  fair 
value  of  its  capital  stock  on  the  day  fixed  for  determination 
of  the  value  of  its  corporate  excess :  — 

(1)  An  amount  equal  to  five  dollars  per  thousand  upon 
the  value  of  its  corporate  excess  or  five  dollars  per  thousand 
upon  the  value  of  such  of  its  tangible  property  situated  in 
the  commonwealth  on  said  day  as  is  not  subject  to  local 
taxation  nor  taxable  under  section  sixty-seven,  whichever  is 
higher. 

(2)  An  amount  equal  to  two  and  one  half  per  cent  of  its 
net  income  determined  to  be  taxable  in  accordance  with  the 
provisions  of  this  chapter. 

Liability  for  such  excise  shall  be  incurred  by  corporate 
existence  at  any  time  within  the  taxable  year,  or,  in  case 
the  corporation  has  not  established  a  taxable  year,  upon 
April  first  of  the  year  in  which  the  excise  is  to  be  assessed, 
^pp^i^^t"""  Section  2.    This  act  shall  apply  to  excises  assessed  in  or 

on  account  of  the  year  nineteen  hundred  and  thirty-nine 
and  thereafter.  Approved  July  18,  1939. 


Chap.S64:  An  Act  authorizing  settlements  of  claims  for  dam- 
ages FOR  LANDS  TAKEN  BY  THE  CITY  OF  CHICOPEE  IN 
CONNECTION  WITH  THE  CONSTRUCTION  BY  SAID  CITY  OF 
FLOOD  PROTECTION  WORKS  ALONG  THE  CONNECTICUT  AND 
CHICOPEE    RIVERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  ninety-seven  of  the  acts  of  the  cur- 
rent year  is  hereby  amended  by  inserting  after  section  three 
the  following  new  section :  —  Section  3 A .  Said  city  may, 
by  a  two  thirds  vote  of  its  city  council,  settle  any  claim  for 
damages  for  land  taken  for  the  purposes  authorized  by  sec- 
tion one  for  an  amount  not  more  than  twenty-five  per  cent 
in  excess  of  the  average  assessed  valuation  of  said  land  dur- 
ing the  previous  three  years. 

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

Approved  July  18,  1939. 


Chap.SQ5  An  Act  relative  to  the  use  by  the  chamberlayne 

SCHOOL  OF  THE  NAME  CHAMBERLAYNE  JUNIOR  COLLEGE. 

Be  it  enacted,  etc.,  as  follows: 

The  Chamberlayne  School,  a  private  school  organized  for 
educational  purposes,  may  use  the  name  of  Chamberlayne 
Junior  College;  and  said  school  may  use  the  designation 
"college"  as  aforesaid  notwithstanding  the  provisions  of 
section  eighty-nine  of  chapter  two  hundred  and  sixty-six  of 
the  General  Laws.  Approved  July  18,  1939. 


Acts,  1939.  —  Chap.  366.  423 


An  Act  reducing  the  rate  of  interest  payable  upon  Qhap.SQQ 

SUMS  REIMBURSED,  WHEN  LOCAL  TAXES  ALREADY  PAID 
ARE  LATER  ABATED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirteen  of  chapter  fifty-eight  A  of  gj^-^J^'"- 
the  General  Laws,  as  most  recently  amended  by  section  one  §  13,'  etc' 
of  chapter  two  hundred  and  eighteen  of  the  acts  of  nineteen  a-^^nded. 
hundred  and  thirty-five,  is  hereby  further  amended  by  strik- 
ing out,  in  the  sixth  line  of  the  sentence  inserted  therein  by 
said  section  one,  the  word  "five"  and  inserting  in  place 
thereof  the  word :  —  four,  —  so  that  said  sentence  will  read 
as  follows :  —  If  the  order  grants  an  abatement  of  a  tax  Rate  of  interest 
assessed  by  the  commissioner  or  by  the  board  of  assessors  r°imbl!?sed. 
of  a  town  and  the  tax  has  been  paid,  the  amount  abated  ^h^^.g^j^'i^^  """^ 
with  interest,  in  case  of  a  tax  assessed  by  the  commissioner,  tain  case" '^^'' 
at  the  rate  of  six  per  cent  per  annum,  or,  in  case  of  a  tax 
assessed  by  said  board,  at  the  rate  of  four  per  cent  per  an- 
num, from  the  time  when  the  tax  was  paid  but,  in  case  of 
a  tax  assessed  under  chapter  sixty-two,  not  from  a  time 
earUer  than  October  first  of  the  year  in  which  the  return 
of  income  subject  to  said  tax  was  required  to  be  filed,  and, 
if  costs  are  ordered  against  the  commissioner  or  against  a 
board  of  assessors,  the  amount  thereof,  shall  be  paid  to  the 
taxpayer  by  the  state  treasurer  or  by  the  town  treasurer,  as 
the  case  may  be,  and,  if  unpaid  in  the  latter  case,  execution 
therefor  may  issue  against  the  town  as  in  actions  at  law. 

Section  2.  Section  sixty-four  of  chapter  fifty-nine  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  six  of  ^tc'! 'amended. 
chapter  thirty-one  of  the  acts  of  the  current  year,  is  hereby 
further  amended  by  striking  out,  in  the  twenty-third  line 
of  the  second  paragraph,  as  appearing  in  section  one  of  chap- 
ter four  hundred  and  seventy-eight  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  the  word  "five"  and  inserting  in 
place  thereof  the  word :  —  four,  —  so  that  said  second  para- 
graph will  read  as  follows :  — 

Upon  the  fifing  of  a  complaint  under  this  section  the  clerk  Election  by 
of  the  county  commissioners  or  of  the  board  authorized  to  appeai*hef7d^ 
hear  and  determine  the  same  shall  forthwith  transmit  a  cer-  ^^  ^°'^'''^- 
tified  copy  of  such  complaint  to  the  assessors  and  the  asses- 
sors or  the  city  soUcitor  or  town  counsel  may  within  thirty 
days  after  receipt  of  said  copy  give  written  notice  to  said 
clerk  and  to  the  complainant  that  the  town  elects  to  have 
the  same  heard  and  determined  by  the  appellate  tax  board. 
Thereupon,  the  clerk  of  the  county  commissioners  or  of  the 
board  authorized  to  hear  and  determine  such  complaints 
shall  forward  all  papers  with  respect  to  such  complaint  then 
in  the  file  of  the  county  commissioners  or  other  such  board 
to  the  clerk  of  the  appellate  tax  board  and  proceedings  with 
respect  to  such  complaint  shall  thenceforth  be  continued  as 
provided  in  chapter  fifty-eight  A.  If  upon  hearing  it  appears 
that  the  complainant  has  complied  with  all  applicable  pro- 


424 


Acts,  1939. —  Chap.  367. 


visions  of  law  and  the  appellate  tax  board  finds  that  the  com- 
plainant is  duly  entitled  to  an  abatement,  it  may  grant  him 
such  reasonable  abatement  as  justice  may  require,  and  shall 
enter  an  order  directing  the  treasurer  of  the  town  to  refund 
said  amount,  if  the  tax  sought  to  be  abated  has  been  paid, 
together  with  all  charges  and  interest  at  four  per  cent  on 
the  amount  of  the  abatement  from  the  date  of  the  payment 
of  the  tax.  The  board  may  make  such  order  with  respect 
to  the  payment  of  costs  as  justice  may  require. 

Section  3.  Section  sixty-nine  of  said  chapter  fifty-nine, 
as  amended  by  section  three  of  said  chapter  two  hundred 
and  eighteen,  is  hereby  further  amended  by  striking  out,  in 
the  fourth  line,  the  word  "five"  and  inserting  in  place  thereof 
?/i'"i^"!?®"'^"*'  the  word :  —  four,  —  so  as  to  read  as  follows :  —  Section  69. 
A  person  whose  tax  has  been  abated  shall,  if  the  tax  has  been 
paid,  be  reimbursed  by  the  town  to  the  amount  of  the  abate- 
ment allowed,  with  interest  at  four  per  cent  from  the  time 
of  payment  of  said  tax  and  all  charges  paid  therewith  except 
legal  costs  paid  as  provided  in  section  sixty-two. 

Section  4.  Section  two  of  chapter  sixty  A  of  the  General 
Laws,  as  most  recently  amended  by  section  two  of  chapter 
four  hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  further  amended  by  striking  out,  in 
the  fifty-fifth  line,  the  word  ''six"  and  inserting  in  place 
thereof  the  word :  —  four,  —  so  that  the  ninth  sentence  ap- 
pearing in  the  fifty-third  to  the  sixty-first  fines,  inclusive. 
Abatement  of  will  read  as  f ollows :  —  If  an  abatement  is  granted  of  an 
vehfcles!"  ™*'*°'  excise  assessed  by  a  board  of  assessors,  any  overpayment 
with  interest  thereon  at  the  rate  of  four  per  cent  per  annum 
from  the  date  of  payment  shall  be  refunded  by  the  city  or 
town  treasurer  from  any  available  funds,  upon  certification 
by  the  collector  of  taxes  and  approval  for  payment  as  re- 
quired by  section  fifty-two  of  chapter  forty-one,  without  any 
appropriation  therefor  by  the  municipality. 

Approved  July  18,  1939. 


G.  L.  (Ter. 
Ed.),  59,  §  69. 
etc.,  amended. 


of  person 
receiving 
abatement. 


G.  L.  (Ter. 
Ed.),  60A,  §  2, 
etc.,  amended. 


Chap. 367  An  Act  relative  to  an  excise  for  the  privilege  of  im- 
porting  MALT   BEVERAGES   INTO   THE   COMMONWEALTH. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  1.38,  §  21, 
etc.,  amended. 


Importation 
of  malt 
beverages. 


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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-one  of  chapter  one  hundred 
and  thirty-eight  of  the  General  Laws  is  hereby  amended 
by  striking  out  the  first  six  paragraphs,  as  appearing  in  sec- 
tion one  of  chapter  four  hundred  and  eleven  of  the  acts  of 
nineteen  hundred  and  thirty-six,  and  inserting  in  place  thereof 
the  following  six  new  paragraphs:  — 

Every  licensed  manufacturer  of  alcoholic  beverages  or  al- 
cohol as  hereinafter  defined  and  every  holder  of  a  wholesaler's 


Acts,  1939.  —  Chap.  367.  425 

and  importer's  license  for  the  sale  and  importation  thereof  Excise. 
and  every  licensee  under  section  seventy-six  shall,  in  addi- 
tion to  the  license  fees  elsewhere  provided  in  this  chapter,  be 
liable  for  and  pay  to  the  commonwealth  an  excise,  for  the 
privilege  enjoyed  by  him  as  such  manufacturer,  wholesaler 
and  importer,  or  licensee  under  section  seventy-six,  to  be 
levied  on  sales  within  the  commonwealth  of  alcoholic  bever- 
ages or  alcohol,  other  than  wines  to  be  used  for  sacramental 
purposes  only  and  other  than  malt  beverages  imported  into 
the  commonwealth,  and  to  be  levied  on  importations  of  malt 
beverages  into  the  commonwealth,  as  follows: 

For  each  barrel  of  thirty-one  gallons,  or  fractional  part  of 
a  barrel  aforesaid,  of  malt  beverages,  at  the  rate  of  one  dollar 
per  barrel  aforesaid; 

For  each  wine  gallon,  or  fractional  part  thereof,  of  wine, 
including  vermouth,  at  the  rate  of  ten  cents  per  wine  gallon; 

For  each  wine  gallon,  or  fractional  part  thereof,  of  all  other 
alcoholic  beverages  containing  twenty-four  per  cent  or  less 
of  alcohol  by  volume  at  sixty  degrees  Fahrenheit,  at  the  rate 
of  fifteen  cents  per  wine  gallon; 

For  each  wine  gallon,  or  fractional  part  thereof,  of  all  other 
alcoholic  beverages  containing  more  than  twenty-four  per 
cent  but  not  more  than  fifty  per  cent  of  alcohol  by  volume 
at  sixty  degrees  Fahrenheit,  at  the  rate  of  forty  cents  per 
wine  gallon; 

For  each  proof  gallon,  or  fractional  part  thereof,  of  all 
other  alcohohc  beverages  containing  more  than  fifty  per 
cent  of  alcohol  by  volume  at  sixty  degrees  Fahrenheit  or  al- 
cohol, at  the  rate  of  forty  cents  per  proof  gallon.  The  words 
"proof  gallon",  when  used  in  this  section  with  reference  to 
an  alcoholic  beverage,  shall  be  held  to  be  a  gallon  of  the 
alcoholic  beverage  which  contains  one  half  its  volume  of 
alcohol  of  a  specific  gravity  of  seven  thousand  nine  hundred 
and  thirty-nine  ten  thousandths  (.7939)  at  sixty  degrees 
Fahrenheit.  Every  person  subject  to  this  section  shall  keep 
a  true  and  accurate  account  of  all  alcoholic  beverages  or  al- 
cohol sold  by  him  other  than  malt  beverages  imported  into 
the  commonwealth  by  him,  and  a  like  account  of  all  malt 
beverages  imported  into  the  commonwealth  by  him,  and 
shall  make  a  return  thereof  to  the  commissioner  of  corpora- 
tions and  taxation,  hereinafter  called  the  commissioner, 
within  ten  days  after  the  last  day  of  each  month,  covering 
such  sales  and  importations  by  him  during  such  month,  and 
shall  at  the  time  of  such  return  make  payment  to  the  com- 
missioner of  the  amount  due  under  this  section  for  such  sales 
and  importations  in  such  month.  The  commissioner  shall 
assess  on  the  basis  of  any  available  information  any  deficiency 
in  the  amount  so  payable  which  remains  unpaid  and  shall 
notify  the  person  so  assessed  who  may  within  thirty  days  of 
the  date  of  the  notice  make  application  for  abatement  thereof. 
Such  assessment  may  be  made  at  any  time  within  five  years 
after  the  making  of  the  earliest  sale,  or  importation,  as  the 
case  may  be,  included  in  such  assessment.    If  the  commis- 


426  Acts,  1939.  —  Chap.  368. 

sioner  shall  determine  that  a  deficiency  so  assessed  should 
be  abated  or,  upon  application  filed  within  thirty  days  of 
the  making  of  the  return  that  an  overpayment  has  been 
made,  he  shall  certify  the  amount  of  such  abatement  or  over- 
payment to  the  state  treasurer,  who  shall  repay  the  amount 
so  certified  if  paid,  without  further  appropriation  therefor. 
The  commissioner  is  hereby  authorized  to  prescribe  rules  and 
regulations  governing  the  method  of  keeping  accounts,  mak- 
ing returns  and  paying  the  excise  provided  for  in  this  sec- 
tion. Such  rules  and  regulations  shall  provide  for  the  waiver 
of  payment  of  the  excise  in  respect  to  any  alcoholic  bever- 
ages or  alcohol  if  it  appears  that  an  excise  has  already  been 
paid  under  the  provisions  of  this  section  in  respect  thereto; 
provided,  however,  that  alcohohc  beverages  or  alcohol  manu- 
factured within  or  imported  into  the  commonwealth  and 
exported  therefrom  shall  be  exempt  from  such  excise.  Alco- 
hol for  the  purposes  of  this  section  shall  mean  alcohol  other- 
wise subject  to  any  provision  of  this  chapter  but  shall  not 
include  alcohol  sold  for  scientific,  chemical,  mechanical,  man- 
ufacturing, industrial,  culinary,  pharmaceutical  or  medical 
purposes  in  containers  greater  in  capacity  than  one  wine 
gallon, 
dftt''*'''^  Section  2.    This  act  shall  take  effect  on  September  first 

in  the  current  year.  Approved  July  19,  1939. 

Chap.SGS  An  Act  relative  to  the  due  date  of  certain  bank 

TAXES. 

pr'^ambiT*  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: 

Ed^'  63l'4  Section  four  of  chapter  sixty-three  of  the  General  Laws,  as 

amendefi.     '     appearing  in  the  Tercentenary  Edition,  is  hereby  amended 

by  inserting  after  the  word  "that"  in  the  fifth  line  the 

words :  —  the  entire  tax  under  section  two  shall  be  due 

on  October  twentieth  and  not  when  the  tax  return  is  re- 

Provisions         Quircd  to  be  filed,  and,  —  so  as  to  read  as  follows: —  Sec- 

appiicabfl         Hon  4-    All  provisions  of  this  chapter  relative  to  the  assess- 

certafn^banks     Hient,    collcctiou,    payment,    abatement,    verification    and 

etc.  '    administration  of  taxes,  including  penalties,  applicable  to 

domestic  business  corporations,  as  defined  in  section  thirty, 

shall,  so  far  as  pertinent,  be  applicable  to  taxes  under  section 

two;    provided,  that  the  entire  tax  under  section  two  shall 

be  due  on  October  twentieth  and  not  when  the  tax  return 

is  required  to  be  filed,  and  any  notice  required  to  be  given 

to  a  national  banking  association  shall  be  given  to  the  cashier 

thereof;  and  provided,  further,  that  no  such  provisions  shall 

be  so  applied  as  to  contravene  the  federal  constitution  or  the 

federal  statutes  relating  to  national  banking  associations. 

Approved  July  19,  1939. 


Acts,  1939.  —  Chap.  369.  427 


An  Act  providing  for  the  securing  of  information  Chap.SQ9 

RELATIVE  TO  PERSONS  RESIDING  AT  INNS,  LODGING  HOUSES 
AND  PUBLIC  LODGING  HOUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fifty-one  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  ten,  as  amended,  ^^^^i^^l^^nd 
the  two  following  new  sections:  —  Section  10 A.    Any  person  iob,  inserted. 
who  claims  a  residence  on  January  first  of  any  year  in  any  statement  of 
city  or  town  at  an  inn,  lodging  house  or  public  lodging  house  Innt^eu.  ° 
located  therein  and  licensed  under  any  provision  of  chapter 
one  hundred  and  forty  shall,  in  order  to  have  his  name  re- 
tained on  the  list  of  registered  voters  in  such  city  or  town 
or  to  be  listed  for  the  purpose  of  becoming  a  registered  voter 
therein,  file  with  the  registrars  on  or  before  March  first  of 
such  year  a  statement  under  the  penalties  of  perjury,  on  a 
blank  furnished  and  mailed  to  him  by  the  registrars  sub- 
stantially in  the  following  form: 

Statement. 
I hereby  claim 

(Name  or  other  Designation  of  Inn,  Lodging  House  or  Public  Lodging  House) 

located  at ,       , 

(Street  and  Number,  if  any)  (City  or  Town) 

Massachusetts,  as  my  domicile  and  that  I  am  a  legal  resi- 
dent of ,  that  I  have  resided  in  the  com- 

(City  or  Town) 

monwealth  at  least  one  year,  in 

(City  or  Town) 

from to , 

and  in  said at  the  address  first- 

(Inn,  Lodging  House  or  Public  Lodging  House) 

mentioned months  prior  to  January  1  of  the 

current  year,  and  that  I  was  a  resident  at  said  first-men- 
tioned address  on  said  January  1. 

Signed  under  the  penalties  of  perjury. 

Date 19 

Signature 


(Christian  Name  —  Middle  Initial  —  Surname) 

(Failure  to  file  this  statement  by  March  1  in  each  year  so 
long  as  you  claim  a  residence  in  any  inn,  lodging  house  or 
public  lodging  house  may  result  in  your  name  being  struck 
from  the  Hst  of  registered  voters.) 

Section  IOB.     Every  innholder  licensed  under  any  pro-  Returns  of 
vision  of  chapter  one  hundred  and  forty  and  every  keeper  ijjnhoiders, 
of  a  lodging  house  or  public  lodging  house  Hcensed  there- 
under shall  from  time  to  time  between  January  first  and 
June  first  of  each  year,  but  not  oftener  than  once  in  sixty 
days,  upon  the  request  of  the  registrars  of  the  city  or  town 


428 


Acts,  1939.  —  Chap.  369. 


wherein  the  inn,  lodging  house  or  pubHc  lodging  house  is 
located,  report  under  the  penalties  of  perjury  within  fifteen 
days  after  such  request  the  information  requested  by  said 
registrars,  relative  to  residence  on  specified  dates  of  persons 
whose  names  are  transmitted  to  him  by  the  registrars  as 
claiming  the  right  to  vote  as  residents  in  such  inn,  lodging 
house  or  public  lodging  house  on  January  first  of  the  then 
current  year,  on  blanks  furnished  by  said  registrars,  sub- 
stantially in  the  following  form: 


G.  L.  (Ter. 
Ed.),  51,  §  .37, 
etc.,  amended. 


Entries  in 
annual  register. 


Certificate  of  Innholder  or  Keeper  of  a  Lodging  House  or  Pub- 
lic Lodging  House. 

Date 19 

I of 

(Innholder  —  Keeper) 

located 

(Name  or  other  Designation  of  Inn,  Lodging  House  or  Public  Lodging  House) 

at , 

(Street  and  Number,  if  any)  (City  or  Town) 

Massachusetts,  hereby  certify  that 

,  who  claims  a  residence  at 

(Christian  Name  —  Middle  Initial  —  Surname) 

the  above  address  was a  resident 

thereat  on 19 .... ,  and on 

19 ,    and on 19 

Signed  under  the  penalties  of  perjury. 


(Signature) 


(Street  and  Number  of  Inn,  Lodging  House 
or  Public  Lodging  House,  if  any) 

Mass. 

(City  or  Town) 


Whoever  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one 
hundred  dollars. 

Section  2.  Section  thirty-seven  of  said  chapter  fifty-one, 
as  most  recently  amended  by  section  fourteen  of  chapter 
four  hundred  and  forty  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  further  amended  by  inserting  after  the 
word  "registrar"  in  the  eighteenth  line  the  words: —  ,  or 
the  name  of  a  person  who  neglects  to  file  the  return  required 
under  section  ten  A,  —  so  that  the  fourth  sentence  will  read 
as  follows :  —  They  shall  make  all  inquiries  and  investiga- 
tions necessary  to  identify  such  person,  and  they  shall  not 
enter  in  the  annual  register  the  name  of  a  person  objected 
to  by  any  registrar,  or  the  name  of  a  person  who  neglects 
to  file  the  return  required  under  section  ten  A,  until  such 
person  has  been  duly  notified  and  given  an  opportunity  to 
be  heard.  Approved  July  19,  1939. 


Acts,  1939.  —Chaps.  370,  371.  429 

An  Act  increasing  the  amounts  payable  by  the  com-  (^'Jk^ij)  379 
monwealth    for   the   expenses   of   the    funeral   of 
certain  poor  persons. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  one  hundred  and  seventeen  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  f  ly/aml'nded. 
tion,  is  hereby  amended  by  striking  out,  in  the  tenth  Hne, 
the  word  "forty"  and  inserting  in  place  thereof  the  words: 
—  one  hundred,  —  and  by  striking  out,  in  the  eleventh 
line,  the  word  "twenty"  and  inserting  in  place  thereof  the 
word:  —  forty,  —  so  as  to  read  as  follows:  —  Section  -^'^- ^ye°for bSAai 
The  board  of  public  welfare  of  each  town  shall  also  relieve  etc!  expenses ' 
and  support  and  may  employ  all  poor  persons  residing  or  digent  pwsons. 
found  therein,  having  no  lawful  settlements  within  the  com- 
monwealth, until  their  removal  to  the  state  infirmary,  and 
if  they  die  shall  decently  bury  them.  They  shall  also 
decently  bury  all  deceased  persons  who,  although  without 
means  of  support  while  living,  did  not  apply  for  public 
relief,  and  all  unknown  persons  found  dead.  The  expense 
thereof  may  be  recovered  of  their  kindred,  if  anj'-,  charge- 
able by  law  for  their  support  in  the  manner  provided  in  this 
chapter;  and  if  the  expense  of  their  burial  is  not  paid  by 
such  kindred,  an  amount  not  exceeding  one  hundred  dollars 
for  the  funeral  expenses  of  each  person  over  twelve  years  of 
age,  and  not  exceeding  forty  dollars  for  the  funeral  expenses 
of  each  person  under  that  age,  shall  be  paid  by  the  common- 
wealth subject  to  the  provisions  of  section  forty- two  of 
chapter  one  hundred  and  twenty-one;  provided,  that  the 
board  of  public  welfare  shall  file  with  each  claim  an  affidavit 
of  the  undertaker  stating  the  total  amount  of  his  bill,  the 
amount  received  from  the  town  and  the  amount  received 
from  all  other  sources;  and  provided,  further,  that  if  the 
total  expense  of  the  burial,  by  whomsoever  incurred,  shall 
exceed  the  sum  of  one  hundred  dollars,  no  payment  therefor 
shall  be  made  by  the  commonwealth. 

Approved  July  19,  1939. 

An  Act  relative  to  the  nomination  of  candidates  by  qj^^q^^  37]^ 
minority  parties,  so  called.  '  * 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  fifty-three  of  the  General  Laws,  as  g.  l.  (Ter. 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended  ^  ^' 
by  striking  out,  in  the  tenth  to  the  thirteenth  lines,  inclu- 
sive, the  words  "the  number  of  voters  required  to  nominate 
by  nomination  papers  a  candidate  for  an  office  which  is  to 
be  filled  by  election  therein,  may  hold  a  caucus  or  conven- 
tion and  make  a  nomination  for  the  office  so  to  be  filled" 
and  inserting  in  place  thereof  the  words :  —  one  tenth  of 
one  per  cent  of  the  total  number  of  ballots  cast,  may  hold 
a  caucus  or  convention  and  make  a  nomination  for  the  office 


430  Acts,  1939.  —  Chap.  371. 

What  parties  SO  to  be  filled,  —  SO  as  to  read  as  follows :  —  Section  1 .  At 
™omi™atiwi8.  any  primary,  caucus  or  convention  held  under  this  chapter, 
each  party  having  the  right  to  participate  in  or  hold  the 
same  may  nominate  as  many  candidates  for  each  office  for 
which  it  has  the  right  to  make  nominations  therein  as  there 
are  persons  to  be  elected  to  that  office,  and  no  more.  A 
party  which  has  not  polled  at  the  preceding  state  or  mu- 
nicipal election  the  vote  required  to  make  it  a  political  or 
municipal  party  as  defined  in  section  one  of  chapter  fifty, 
but  which  at  the  three  preceding  biennial  elections  has  polled 
in  the  commonwealth,  or  in  any  district,  county,  city,  town 
or  ward,  respectively,  a  number  of  votes  for  governor  equal 
to  one  tenth  of  one  per  cent  of  the  total  number  of  ballots 
cast,  may  hold  a  caucus  or  convention  and  make  a  nomina- 
tion for  the  office  so  to  be  filled,  A  party  which  makes  one 
or  more  nominations  shall  be  entitled  to  have  the  name  of 
each  of  its  candidates  printed  on  the  ballot  to  be  used  at  the 
ensuing  election;  but,  unless  the  nomination  is  made  by 
direct  plurality  vote  in  a  primary  or  in  several  caucuses  held 
in  more  than  one  ward  or  in  more  than  one  precinct  or  group 
of  precincts,  a  certificate  of  nomination  must  be  filed  as  pro- 
vided in  section  five.  Approved  July  19,  1939. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  September  15,  1939. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth, 
State  House,  Boston. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  peace,  health,  safety,  and  convenience 
requires  that  the  law  passed  on  the  nineteenth  day  of  July 
in  the  year  nineteen  hundred  and  thirty-nine,  entitled, 
"An  Act  relative  to  the  nomination  of  candidates  by  mi- 
nority parties,  so  called"  should  take  effect  forthwith,  that 
it  is  an  emergency  law  and  that  the  facts  constituting  the 
emergency  are  as  follows: 

For  the  reason  that  otherwise  this  law  would  not  take 
effect  until  ninety  days  from  its  passage  and  would,  there- 
fore, cause  undue  hardship  on  certain  candidates  in  cities 
and  towns  seeking  nominations  before  that  time  and  in 
order  that  their  requirements  for  these  local  elections  be 
made  the  same  as  the  requirements  at  the  State  elections. 
Very  truly  yours, 

Leverett  Saltonstall, 
Governor  oj  the  Commonxcealth. 

Office  of  the  Secretary,  Boston,  September  18,  1939. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 


Acts,  1939.  —  Chaps.  372,  373.  431 

Commonwealth  of  Massachusetts  at  eleven  o'clock  and  ten 
minutes,  a.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  three 
hundred  and  seventy-one  of  the  acts  of  nineteen  hundred 
and  thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 

An  Act  relative  to  the  recovery  of  certain  medical  (jj^dj)  372 

EXPENSES    BY    THE    HUSBAND    OF    A    MARRIED    W^OMAN    OR  ^  " 

THE  PARENT  OR  GUARDIAN  OF  A  MINOR,  IN  ACTIONS  TO 
RECOVER  FOR  PERSONAL  INJURIES  BY  MARRIED  WOMEN 
AND   MINORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  thirty-one  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  ,^sertfd.^'  ^  ^^' 
six,  as  appearing  in  the  Tercentenary  Edition,  the  following 
new  section: —  Section  6 A.     At  any  time  before  or  during  Husband, etc., 
the  trial  of  an  action  by  a  married  woman  or  minor  for  dam-  Sr  m'eXIi'^ 
ages  for  personal  injuries,  the  husband  of  such  woman  or  peP^l^^^^j^ga 
the  parent  or  guardian  of  such  minor,  if  he  has  paid  or  in- 
curred medical  expenses,  including  doctors'  bills,  nursing 
and  medicines  and  other  expenses,  on  account  of  such  in- 
juries, may  upon  motion  be  admitted  as  a  party  plaintiff, 
and,  if  liability  is  estabhshed,  may  recover  a  separate  judg- 
ment for  such  medical  expenses,  in  which  case  the  amount 
thereof  shall  not  be  included  in  the  judgment  recovered  by 
the  original  plaintiff.    The  claim  for  such  expenses  shall  be 
stated  in  a  separate  count.    The  court  may  issue  one  or  more 
executions  and  make  such  order  relative  to  costs  as  the  case 
requires. 

Section  2.    This  act  shall  become  operative  on  January  Effective 
first,  nineteen  hundred  and  forty,  but  shall  not  apply  to  any  '*^'®- 
cause  of  action  accruing  as  the  result  of  any  accident  occur- 
ring prior  thereto.  Approved  July  19,  1939. 


An  Act  relative  to  the  taxation  of  incomes  and  of  QIku)  373 

certain    BUSINESS   AND   MANUFACTURING    CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  seven  of  the  acts 
of  nineteen  hundred  and  thirty-three  is  hereby  amended  by 
striking  out  section  nine,  as  most  recently  amended  by  sec- 
tion two  of  chapter  four  hundred  and  eighty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following :  —  Section  9.  Income  received  by  any 
inhabitant  of  the  commonwealth  during  the  years  nine- 
teen hundred  and  thirty-three,  nineteen  hundred  and  thirty- 
four  and  nineteen  hundred  and  thirty-five  from  dividends 
on  shares  in  all  corporations,  joint  stock  companies  and 


432  Acts,  1939.  —  Chap.  373. 

banking  associations,  organized  under  the  laws  of  this  com- 
monwealth or  under  the  laws  of  any  state  or  nation,  except 
co-operative  banks,  building  and  loan  associations  and 
credit  unions  chartered  by  the  commonwealth,  and  except 
savings  and  loan  associations  under  the  supervision  of  the 
commissioner  of  banks,  and  income  received  by  any  inhabit- 
ant of  the  commonwealth  during  the  years  nineteen  hundred 
and  thirty-six,  nineteen  hundred  and  thirty-seven,  nineteen 
hundred  and  thirty-eight,  nineteen  hundred  and  thirty-nine, 
nineteen  hundred  and  forty  and  nineteen  hundred  and  forty- 
one  from  such  dividends,  other  than  stock  dividends  paid  in 
new  stock  of  the  company  issuing  the  same,  shall  be  taxed 
at  the  rate  of  six  per  cent  per  annum.  Inhabitant  of 
the  commonwealth  shall  include  (a)  estates  and  fiduciaries 
specified  in  sections  nine,  ten,  thirteen  and  fourteen  of  chap- 
ter sixty-two  of  the  General  Laws,  (6)  partnerships  specified 
in  section  seventeen  of  said  chapter  sixty-two,  and  (c)  part- 
nerships, associations  or  trusts,  the  beneficial  interest  in 
which  is  represented  by  transferable  shares,  specified  in 
paragraphs  entitled  First,  Second  and  Third  of  subsection 
(c)  of  section  one  of  said  chapter  sixty-two.  Except  as  other- 
wise provided  in  this  section,  the  provisions  of  said  chapter 
sixty-two  shall  apply  to  the  taxation  of  income  received  by 
any  such  inhabitant  during  said  years.  Subsection  (6)  of 
section  one  of  said  chapter  sixty-two  shall  not  apply  to  in- 
come received  during  said  years. 

Section  2.  Said  chapter  three  hundred  and  seven  is 
hereby  further  amended  by  striking  out  section  nine  A,  as 
most  recently  amended  by  section  three  of  said  chapter  four 
hundred  and  eighty-nine,  and  inserting  in  place  thereof  the 
following:  —  Section  9 A.  The  credit  for  dividends  paid  to 
inhabitants  of  this  commonwealth  by  foreign  corporations 
provided  by  section  forty-three  of  chapter  sixty-three  of  the 
General  Laws  in  determining  the  tax  leviable  on  such  cor- 
porations under  paragraph  (2)  of  section  thirty-nine  of  said 
chapter  sixty-three  shall  not  be  allowed  to  foreign  corpora- 
tions or  to  foreign  manufacturing  corporations  in  respect  to 
dividends  so  paid  in  the  years  nineteen  hundred  and  thirty- 
three,  nineteen  hundred  and  thirty-four,  nineteen  hundred 
and  thirty-five,  nineteen  hundred  and  thirty-six,  nineteen 
hundred  and  thirty-seven,  nineteen  hundred  and  thirty- 
eight,  nineteen  hundred  and  thirty-nine,  nineteen  hundred 
and  forty  and  nineteen  hundred  and  forty-one. 

Section  3.  Said  chapter  three  hundred  and  seven  is 
hereby  further  amended  by  striking  out  section  ten,  as  most 
recently  amended  by  section  four  of  said  chapter  four 
hundred  and  eighty-nine,  and  inserting  in  place  thereof  the 
following:  —  Section  10.  Every  corporation  organized  under 
the  laws  of  this  commonwealth,  and  every  corporation  doing 
business  therein,  including  every  banking  association  organ- 
ized under  the  laws  of  any  state  or  nation,  and  every  part- 
nership, association  or  trust  the  beneficial  interest  in  which 
is  represented  by  transferable  shares,  doing  business  in  the 


Acts,  1939.  —  Chap.  373.  433 

commonwealth  unless  the  dividends  paid  on  its  shares  are 
exempt  from  taxation  under  said  section  one  of  said  chapter 
sixty-two  shall  in  the  years  nineteen  hundred  and  thirty- 
four,  nineteen  hundred  and  thirty-five,  nineteen  hundred 
and  thirty-six,  nineteen  hundred  and  thirty-seven,  nineteen 
hundred  and  thirty-eight,  nineteen  hundred  and  thirty-nine, 
nineteen  hundred  and  forty,  nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty-two,  file  with  the  commis- 
sioner of  corporations  and  taxation,  hereinafter  called  the 
commissioner,  in  such  form  as  he  shall  prescribe,  a  complete 
list  of  the  names  and  addresses  of  its  shareholders  as  of 
record  on  December  thirty-first  next  preceding,  or  on  any 
other  date  satisfactory  to  the  commissioner,  or,  in  its  dis- 
cretion, of  such  shareholders  as  are  residents  of  the  common- 
wealth, together  with  the  number  and  class  of  shares  held 
by  each  shareholder,  and  the  rate  of  dividends  paid  on  each 
class  of  stock  for  said  preceding  year.  The  second  paragraph 
of  section  thirty-three  of  said  chapter  sixty-two  shall  not 
apply  to  returns  relative  to  shareholders  receiving  dividends 
in  the  years  nineteen  hundred  and  thirty-three,  nineteen 
hundred  and  thirty-four,  nineteen  hundred  and  thirty-five, 
nineteen  hundred  and  thirty-six,  nineteen  hundred  and 
thirty-seven,  nineteen  hundred  and  thirty-eight,  nineteen 
hundred  and  thirty-nine,  nineteen  hundred  and  forty  and 
nineteen  hundred  and  forty-one. 

Section  4.  Said  chapter  three  hundred  and  seven  is 
hereby  further  amended  by  striking  out  section  eleven,  as 
most  recently  amended  by  section  five  of  said  chapter  four 
hundred  and  eighty-nine,  and  inserting  in  place  thereof 
the  following:  —  Section  11.  The  state  treasurer  shall,  on  or 
before  November  twentieth,  in  the  years  nineteen  hundred 
and  thirty-four,  nineteen  hundred  and  thirty-five,  nineteen 
hundred  and  thirty-six,  nineteen  hundred  and  thirty-seven, 
nineteen  hundred  and  thirty-eight,  nineteen  hundred  and 
thirty-nine,  nineteen  hundred  and  forty,  nineteen  hundred 
and  forty-one  and  nineteen  hundred  and  forty-two,  distribute 
to  the  several  cities  and  towns,  in  proportion  to  the  amounts 
of  state  tax  imposed  upon  such  cities  and  towns  in  said  years, 
respectively,  the  proceeds  of  the  taxes  collected  by  the  com- 
monwealth under  section  nine  of  this  act,  after  deducting 
a  sum  sufficient  to  reimburse  the  commonwealth  for  the 
expenses  incurred  in  the  collection  and  distribution  of  said 
taxes,  and  for  such  of  said  taxes  as  have  been  refunded 
under  section  twenty-seven  of  chapter  fifty-eight  of  the 
General  Laws,  during  said  years,  together  with  any  interest 
or  costs  paid  on  account  of  refunds,  which  shall  be  retained 
by  the  commonwealth;  provided,  that  the  state  treasurer 
may  withhold  out  of  the  amount  to  which  any  city  or  town 
would  otherwise  be  entitled  as  aforesaid  so  much  thereof 
as  is  necessary  to  pay  the  principal  or  interest  of  any  bonds 
or  notes  issued  by  such  city  or  town  under  section  two  of 
this  act  and  then  held  by  the  commonwealth  and  remaining 
unpaid,  and  thereafter  interest  shall  be  payable  only  on  the 


434  Acts,  1939.  —  Chap.  374. 

balance  of  such  bonds  or  notes  remaining  unpaid.  Any 
amount  payable  to  a  city  or  town  hereunder  shall  be  in- 
cluded by  the  assessors  thereof  as  an  estimated  receipt,  and 
be  deducted,  in  accordance  with  section  twenty-three  of 
chapter  fifty-nine  of  the  General  Laws,  from  the  amount 
required  to  be  raised  by  taxation  to  meet  appropriations 
made  in  such  years  for  public  welfare,  soldiers'  benefits  and 
maturing  debts,  in  that  order. 

Section  5.  Section  one  of  chapter  three  hundred  and 
seventeen  of  the  acts  of  nineteen  hundred  and  thirty-four 
is  hereby  amended  by  striking  out  the  first  paragraph,  as 
most  recently  amended  by  section  six  of  said  chapter  four 
hundred  and  eighty-nine,  and  inserting  in  place  thereof  the 
following  paragraph :  —  During  the  years  nineteen  hundred 
and  thirty-four,  nineteen  hundred  and  thirty-five,  nineteen 
hundred  and  thirty-six,  nineteen  hundred  and  thirty-seven, 
nineteen  hundred  and  thirty-eight,  nineteen  hundred  and 
thirty-nine,  nineteen  hundred  and  forty,  nineteen  hundred 
and  forty-one  and  nineteen  hundred  and  forty-two,  every 
corporation  subject  to  section  thirty-eight  B  of  chapter 
sixty-three  of  the  General  Laws  shall,  except  as  provided 
in  section  fifty-six  A  of  said  chapter,  as  amended  by  section 
three  hereof,  pay  annually  a  minimum  excise  of  not  less 
than  the  amount,  if  any,  by  which  the  sum  of  (1),  (2),  (3) 
and  (4)  following  exceeds  six  per  cent  of  the  dividends  paid 
by  such  corporation  during  the  year  corresponding  to  that 
in  which  the  income  is  received :  — 

Section  6.  Any  reference  in  said  chapter  three  hundred 
and  seventeen  or  in  section  four  of  chapter  three  hundred 
and  sixty-two  of  the  acts  of  nineteen  hundred  and  thirty-six 
to  section  nine  of  chapter  three  hundred  and  seven  of  the 
acts  of  nineteen  hundred  and  thirty-three  shall  be  taken  to 
refer  to  said  section,  as  most  recently  amended  by  section 
one  of  this  act.  Approved  July  19,  1939. 


Chap.S74i  An  Act  changing  the  unemployment  compensation  law 

so  AS  TO  CONFORM  TO  CERTAIN  PROVISIONS  OF  THE  FEDERAL 
RAILROAD  UNEMPLOYMENT  INSURANCE  ACT  AND  MAKING 
CERTAIN   OTHER    CHANGES   IN    SAID    LAW. 

Emergency  Whereas,    The  deferred  operation  of  this  act  would  tend 

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

an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed  ^151 A  Section  L    Subsection  (/)  of  section  one  of  chapter  one 

1,  etc.^  '  hundred  and  fifty-one  A  of  the  General  Laws,  as  appearing 
in  section  one  of  chapter  four  hundred  and  twenty-one  of 
the  acts  of  nineteen  hundred  and  thirty-seven,  is  hereby 
amended  by  inserting  after  the  paragraph  numbered  (7)  the 
following  new  paragraph :  — 


amended. 


Acts,  1939.  —  Chap.  374.  435 

(8)  Service,  performed  after  June  thirtieth,  nineteen  hun-  "Service" 
dred  and  thirty-nine,  with  respect  to  which  unemployment  "^^  "^  ' 
compensation  is  payable  under  the  Railroad  Unemployment 
Insurance  Act,  (52  Statutes  at  Large  1094),  and  service  with 
respect  to  which  unemployment  benefits  are  payable  under 
an  unemployment  compensation  system  for  maritime  em- 
ployees established  b}^  an  Act  of  Congress; 

Section  2.    Section  sixteen  of  said  chapter  one  hundred  g^^.  (Ter.^ 
and  fifty-one  A  is  hereby  amended  by  inserting  after  sub-  §  le,'  etc.,  ' 
section   (/),  inserted  by  section  fourteen  of  chapter  four  =""''"f'«"«'- 
hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  the  two  following  new  subsections :  — 

(g)  No  benefits  shall  be  payable  under  this  chapter  to  an  Benefits. 
individual  for  any  week  with  respect  to  which  or  a  part  of 
which  he  has  received  or  is  seeking  unemployment  benefits 
under  an  unemployment  compensation  law  of  any  other 
state  or  of  the  United  States;  provided,  that,  if  the  appro- 
priate agency  of  such  other  state  or  of  the  United  States 
finally  determines  that  he  is  not  entitled  to  such  unemploy- 
ment benefits,  this  subsection  shall  not  apply. 

(h)  Wages  earned  for  services  defined  in  paragraph  (8)  of  wages. 
subsection  (/)  of  section  one,  irrespective  of  when  performed, 
shall  not  be  included  for  purposes  of  determining  eligibility 
for  benefits  under  this  chapter  for  the  purposes  of  any  bene- 
fit year  commencing  on  or  after  July  first,  nineteen  hundred 
and  thirty-nine,  nor  shall  any  benefits  with  respect  to  un- 
employment occurring  on  or  after  said  July  first,  nineteen 
hundred  and  thirty-nine,  be  payable  on  the  basis  of  such 
wages. 

Section  3.     Said  chapter  one  hundred  and  fifty-one  A  is  q.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  forty-three,  1^43^'  Itl!"' 
as  appearing  in  section  one  of  chapter  four  hundred  and  amended. 
twenty-one  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
and    inserting    in    place    thereof    the    following:  —  Section  Payments 
43.    All   federal    moneys    allotted    or   apportioned   to   the  '"*°  ^'"'°""*- 
commonwealth  by  the  federal  social  security   board,   the 
federal  railroad  retirement  board,  or  other  federal  agency, 
for  the  administration  of  this  chapter,  shall  be  paid  into 
the  account,  except  that  moneys  received  from  the  federal 
railroad  retirement  board  as  compensation  for  services  or 
facilities  supplied  to  said  board  shall  be  paid  into  this  ac- 
count or  the  employment  service  accounts  thereof,  on  the 
same  basis  as  expenditures  are  made  for  such  services  or 
facilities  from  such  unemployment  compensation  adminis- 
tration account  and  employment  service  accounts. 

Section  4.     Said  chapter  one  hundred  and  fifty-one  A  gjj','  ima, 
is  hereby  further  amended  by  inserting  after  section  forty-  .§ Jta. 
seven,  as  amended,   the  following  new  section:  —  Section '"°""^ ^  ^^^^ 
47  A.    The  director  may  make  the  commonwealth's  records  with 'federal" 
relating  to  the  administration  of  this  chapter  available  to  government. 
the  railroad  retirement  board  and  may  furnish  the  railroad 
retirement  board,  at  the  expense  of  such  board,  such  copies 
thereof  as  the  railroad  retirement  board  deems  necessary 


inserted. 
Co-operation 


436 


Acts,  1939.  —  Chap.  374. 


O.  h.  (T.T. 
Kd.),  ir)lA, 
§  48,  etc., 
amended. 


Arrangpmonts 
witli  fodoral 


Temporary 
provirtions. 


for  its  purposes.  The  director  may  afford  reasonable  co- 
operation with  every  agency  of  the  United  States  charged 
with  the  administration  of  any  unemployment  insurance 
law.  For  the  purpose  of  establishing  and  maintaining  free 
employment  offices,  the  director  may  enter  into  agreements 
with  any  agency  of  the  United  States  charged  with  the  ad- 
ministration of  an  unemployment  compensation  law,  and, 
as  a  part  of  any  such  agreement,  the  division  of  unemploy- 
ment compensation  may  accept  moneys,  services  or  quarters 
as  a  contribution  to  the  employment  service  accounts. 

Section  5.  Section  forty-eight  of  said  chapter  one  hun- 
dred and  fifty-one  A,  as  appearing  in  section  one  of  chapter 
four  hundred  and  twenty-one  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven,  is  hereby  amended  by  inserting  at  the 
end  the  following  new  paragraph :  — 

The  director  is  hereby  authorized  to  enter  into  arrange- 
ments with  the  appropriate  agencies  of  the  federal  govern- 
ment (1)  whereby  wages  or  services,  upon  the  basis  of  which 
an  individual  may  become  entitled  to  benefits  under  the 
Railroad  Unemployment  Insurance  Act  shall  be  deemed  to 
be  wages  for  the  purposes  of  subsection  (a)  of  section  fifteen, 
of  section  seventeen  and  of  section  eighteen  of  this  chapter, 
provided  such  agency  of  the  federal  government  has  agreed 
to  reimburse  the  fund  for  such  portion  of  benefits  paid  under 
this  chapter  upon  the  basis  of  such  wages  or  services  as  the 
director  finds  will  be  fair  and  reasonable  as  to  all  affected 
interests,  taking  into  consideration  the  amount  and  rate  of 
benefits  payable  under  this  chapter,  and  (2)  whereby  the 
division  of  unemployment  compensation  will  reimburse  such 
federal  agencies  charged  with  the  administration  of  the 
Railroad  Unemployment  Insurance  Act  with  such  reason- 
able portion  of  benefits,  paid  by  such  federal  agency,  upon 
the  basis  of  employment  or  wages,  as  the  director  finds  will 
be  fair  and  reasonable  as  to  all  affected  interests,  taking  into 
consideration  the  amount  and  rate  of  benefits  payable  under 
this  chapter.  Reimbursements  so  payable  shall  be  deemed 
to  be  benefits  for  the  purposes  of  sections  eighteen,  nineteen, 
twenty,  thirty-eight  and  forty  of  this  chapter.  The  director 
is  hereby  authorized  to  make  to  such  federal  agencies,  and 
receive  from  such  federal  agencies,  reimbursements  from 
or  to  the  fund,  in  accordance  with  arrangements  pursuant  to 
this  section. 

Section  6.  Notwithstanding  any  requirements  of  sec- 
tions thirty-seven  to  forty-one,  inclusive,  or  other  provi- 
sions of  chapter  one  hundred  and  fifty-one  A  of  the  General 
Laws,  as  amended,  the  director  of  the  division  of  unemploy- 
ment compensation  shall,  prior  to  the  expiration  of  thirty 
days  after  the  close  of  the  regular  session  of  the  general  court 
in  the  year  nineteen  hundred  and  thirty-nine,  authorize  and 
direct  the  secretary  of  the  treasury  of  the  United  States  to 
transfer  from  the  commonwealth's  account  in  the  unem- 
ployment trust  fund,  established  and  maintained  pursuant 
to  section  nine  hundred  and  four  of  the  Social  Security  Act, 


Acts,  1939.  —  Chap.  375.  437 

as  amended,  to  the  railroad  unemployment  insurance  ac- 
count, established  and  maintained  pursuant  to  section  ten 
of  the  Railroad  Unemployment  Insurance  Act,  an  amount 
hereinafter  referred  to  as  the  preHminary  amount;  and 
shall,  prior  to  whichever  is  the  later  of  (1)  thirty  days  after 
the  close  of  said  session  of  the  general  court  and  (2)  January 
first,  nineteen  hundred  and  forty,  authorize  and  direct  the 
secretary  of  the  treasury  of  the  United  States  to  transfer 
from  the  commonwealth's  account  in  said  unemployment 
trust  fund  to  said  railroad  unemployment  insurance  account 
an  additional  amount,  hereinafter  referred  to  as  the  liqui- 
dating amount.  The  preliminary  amount  shall  consist  of 
the  same  proportion  of  the  balance  in  the  unemployment 
compensation  fund  as  of  June  thirtieth,  nineteen  hundred 
and  thirty-nine,  as  the  total  amount  of  contributions  col- 
lected from  employers  and  employees  (as  the  terms  "em- 
ployer" and  "employee"  are  defined  in  subsection  (a)  and 
subsection  (d),  respectively,  of  section  one  of  the  Railroad 
Unemployment  Insurance  Act),  and  credited  to  the  unem- 
ployment compensation  fund  bears  to  all  contributions 
theretofore  collected  under  this  chapter  and  credited  to  the 
vmemployment  compensation  fund. 

The  liquidating  amount  shall  consist  of  the  total  amount 
of  contributions  collected  from  employers  and  employees 
(as  the  terms  "employer"  and  "employee"  are  so  defined) 
pursuant  to  the  provisions  of  said  chapter  one  hundred  and 
fifty-one  A  during  the  period  July  first,  nineteen  hundred 
and  thirty-nine,  to  December  thirty-first,  nineteen  hundred 
and  thirty-nine,  both  dates  inclusive. 

Approved  July  20,  1939. 


Chap. ^7 5 


An  Act  to  authorize  domestic  insurance  companies  to 

MERGE    OR    consolidate    WITH    FOREIGN    INSURANCE    COM- 
PANIES in   CERTAIN   CASES. 

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

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General 
Laws  is  hereby  amended  by  inserting  after  section  nineteen  rioB.'inscrtcci. 
A,  as  amended,  the  following  new  section: — Section  19B.  Merger  of 
A  domestic  company,  or  two  or  more  domestic  companies  wiTMoreign 
transacting  the  same  class  or  classes  of  business  or  together 
transacting  one  or  more  classes  of  business  for  the  transac- 
tion of  which  a  domestic  company  may  be  formed  under 
section  forty-eight  or  forty-eight  A,  may  merge  under  the 
laws  of  any  state  of  the  United  States,  other  than  this  com- 
monwealth, into  a  foreign  company  incorporated  under  the 
laws  of  such  state  and  duly  authorized  to  transact  in  the 
commonwealth  the  same  class  or  classes  of  business  as  such 


Kinergeii 
prciimbli 


I..  (Ter. 
Ed.),  17.5. 


•oiiipany. 


438  Acts,  1939.  —  Chap.  375. 

domestic  company  or  companies,  or  may  consolidate  under 
the  laws  of  any  such  state  with  one  or  more  foreign  com- 
panies duly  authorized  as  aforesaid  which  are  incorporated, 
or  any  one  of  which  is  incorporated,  under  the  laws  of  such 
state,  and  form  a  new  corporation  under  such  laws  which 
shall  not  transact  business  in  the  commonwealth  until  it 
shall  have  complied  with  the  provisions  of  this  chapter  rela- 
tive to  the  admission  and  authorization  of  foreign  com- 
panies. Nothing  in  this  section  shall  authorize  the  merger 
or  the  consolidation  of  stock  companies  with  mutual  com- 
panies. 

No  such  merger  or  consolidation  shall  be  made  unless  it 
is  evidenced  by  a  written  agreement  assented  to  by  a  vote 
of  the  majority  of  the  board  of  directors  of  each  domestic 
company  participating  in  such  merger  or  consolidation  and, 
if  such  domestic  company  is  a  stock  company,  approved  by 
the  votes  of  the  stockholders  owning  at  least  two  thirds  of 
the  capital  stock  of  such  company  at  a  special  meeting  called 
for  the  purpose  and,  if  it  is  a  mutual  company,  approved  by 
the  votes  of  at  least  two  thirds  of  such  policyholders  as  are 
present  and  voting  at  a  special  meeting  called  as  aforesaid. 
Notice  of  any  such  meeting  shall  be  given  in  accordance  with 
law  and  shall  also  be  published  at  least  once  a  week  for  three 
successive  weeks  in  such  newspaper  or  newspapers  printed 
in  the  commonwealth  and  in  such  form  as  the  commissioner 
shall  direct. 

No  such  agreement  shall  be  made  by  any  domestic  com- 
pany until  a  copy  thereof,  and  such  other  information  as 
the  commissioner  may  require,  has  been  filed  with  him,  nor 
until  it  has  received  from  the  commissioner  a  written  author- 
ization, in  such  form  as  he  may  prescribe,  authorizing  it  to 
merge  or  consolidate  and  to  execute  such  agreement.  The 
commissioner  may,  in  his  discretion,  refuse  to  issue  such  an 
authorization  in  any  case,  and  his  decision  shall  be  final. 

The  secretary  of  any  such  domestic  company  shall  forth- 
with upon  the  execution  of  such  agreement  file  with  the 
commissioner,  in  such  form  as  he  may  require,  documentary 
evidence  thereof,  showing  the  effective  date  when  the  merger 
or  the  consolidation  shall  become  effective.  If  the  commis- 
sioner finds  that  such  agreement  has  been  executed  in  ac- 
cordance with  his  authorization,  he  shall  file  forthwith  in 
the  office  of  the  state  secretary  a  certificate  setting  forth  the 
fact,  including  said  effective  date,  and  the  corporate  exist- 
ence of  such  company  shall  cease  and  determine  on  said 
effective  date. 

The  stockholders  or  the  policyholders  of  any  domestic 
company  so  merging  or  consolidating  shall  continue  to  be 
subject  to  all  the  liabilities,  claims  and  demands  existing 
against  them  at  or  before  such  merger  or  consolidation.  No 
action  or  proceeding  pending  in  any  court  of  the  common- 
wealth at  the  time  of  the  merger  or  consolidation  in  which 
any  such  domestic  company  may  be  a  party  shall  abate  or 
be  discontinued  by  reason  of  the  merger  or  the  consolida- 


Acts,  1939.  —  Chap.  376.  439 

tion,  but  may  be  prosecuted  to  final  judgment  in  the  same 
manner  as  if  the  merger  or  the  consohdation  had  not  taken 
place,  or  the  surviving  or  resulting  company  may  be  sub- 
stituted in  place  of  any  such  domestic  company  by  order  of 
the  court  in  which  the  action  or  proceeding  is  pending. 

Approved  July  20,  1939. 

An  Act  relative  to  the  continuous  and  gradual  re-  nj^drt  376 

VISION    OF   THE    GENERAL   LAWS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  of  the  General  Laws  is  hereby  g.  l.  (Ter 
amended  by  striking  out  section  fifty-three,  as  appearing  in  amended.  ''^' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following :  —  Section  53.  Said  counsel  may,  from  time  to  Continuous, 
time,  submit  to  the  general  court  such  proposed  changes  ti'thJ^Gln^T^x 
and  corrections  in  the  general  statutes  as  thej''  deem  neces-  i-^ws. 
sary  or  advisable,  including  recommendations  for  the  repeal 
of  such  statutory  provisions  as  have  become  obsolete  or  the 
reasons  for  the  enactment  of  which  have  ceased  to  exist.  If, 
in  their  opinion,  the  necessity  of  enacting  special  bills  in 
relation  to  any  particular  subject  of  legislation  may,  with- 
out detriment  to  the  public  interest,  be  avoided  in  whole  or 
in  part  by  the  enactment  of  general  legislation,  they  shall 
from  time  to  time  submit  to  the  general  court  drafts  of  such 
changes  in  or  additions  to  the  General  Laws  as  will  accom- 
plish said  purpose.  If  and  as  directed  by  the  committees  on 
rules  of  the  senate  and  house  of  representatives,  acting  con- 
currently, said  counsel  shall  proceed  to  revise  the  General 
Laws,  including  amendments  thereof,  as  a  whole  or  chapter 
by  chapter  or  otherwise;  and  in  the  course  of  such  a  revision 
said  counsel  may  recommend  the  omission  of  redundant 
enactments  and  those  which  may  have  ceased  to  have  any 
effect  or  influence  on  existing  rights,  the  rejection  of  super- 
fluous words,  the  condensation  of  all  circuitous,  tautological 
and  ambiguous  phraseology  into  as  concise  and  compre- 
hensive a  form  as  is  consistent  with  the  full  and  clear  expres- 
sion of  the  will  of  the  general  court,  the  filling  of  omissions 
and  the  correction  of  any  mistakes,  inconsistencies  and  im- 
perfections which  may  appear.  They  shall  advise  and  assist 
as  to  the  form  of  drafts  of  bills  submitted  to  them  in  ac- 
cordance with  section  thirty-three  of  chapter  thirty. 

Section  2.  Chapter  fifty-seven  of  the  resolves  of  nine- 
teen hundred  and  thirty-eight  is  hereby  repealed;  and  the 
unexpended  balance  of  the  appropriation  made  for  the  fiscal 
year  ending  on  November  thirtieth  of  the  current  year  by 
item  36a  of  section  two  of  chapter  three  hundred  and  nine 
of  the  acts  of  the  current  year  and  the  appropriation  made 
for  the  fiscal  year  ending  November  thirtieth,  nineteen  hun- 
dred and  forty  by  said  item  36a,  to  the  extent  that  the  same 
would  otherwise  be  available  for  the  purposes  of  said  chap- 
ter fifty-seven,  are  hereby  made  available  for  the  purposes 
of  section  one  of  this  act.  Approved  July  20,  1939. 


440 


Acts,  1939.  —  Chaps.  377,  378. 


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


Hours  of  labor 
for  women 
and  children. 


Chap. 377  An  Act  broadening  the  scope  of  the  forty-eight  hour 

LAW,  so  CALLED,  FOR  WOMEN  AND  CHILDREN  IN  INDUSTRY. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-six  of  chapter  one  hundred  and  forty-nine 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
two  hundred  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  is  hereby  further  amended  by  striking  out  the  first 
sentence  and  inserting  in  place  thereof  the  two  following 
sentences :  —  No  child  and  no  woman  shall  be  employed  or 
permitted  to  work  in,  or  in  connection  with,  any  factory  or 
workshop,  or  any  manufacturing,  mercantile  or  mechanical 
estabhshment,  telegraph  office  or  telephone  exchange,  or 
any  express  or  transportation  company,  or  any  private 
club,  or  any  office,  letter  shop  or  financial  institution,  or  any 
laundry,  hotel,  manicuring  or  hair  dressing  establishment, 
or  any  motion  picture  or  other  theatre  or  any  other  place 
of  amusement,  or  any  garage,  or  be  employed  as  an  elevator 
operator,  or  as  a  switchboard  operator  in  a  private  exchange, 
more  than  nine  hours  in  any  one  day,  and,  except  as  to 
transportation  or  telephone  companies,  if  the  work  so  per- 
formed by  such  a  child  or  woman  in  one  day  is  not  con- 
tinuous, but  is  divided  into  two  or  more  periods,  the  work 
of  such  child  or  woman  shall  be  so  arranged  that  all  such 
periods  of  work  shall  fall  within  a  period  of  not  exceeding 
ten  consecutive  hours;  and  in  no  case  shall  the  hours  of 
labor  exceed  forty-eight  in  a  week,  except  that  in  manu- 
facturing establishments  or  hotels  where  the  employment  is 
determined  by  the  department  to  be  by  seasons,  the  number 
of  such  hours  in  any  week  may  exceed  forty-eight,  but  not 
fifty-two,  provided  that  the  total  number  of  such  hours  in 
any  year  shall  not  exceed  an  average  of  forty-eight  hours  a 
week  for  the  whole  year,  excluding  Sundays  and  holidays; 
and  if  any  child  or  woman  shall  be  employed  or  permitted 
to  work  in  more  than  one  such  place,  the  total  number  of 
hours  of  such  employment  shall  not  exceed  forty-eight  hours 
in  any  one  week.  The  commissioner  may  grant  authority 
for  office  workers  to  exceed  nine  hours  of  labor  in  any  one 
day;  provided,  that  the  hours  of  labor  of  such  workers  shall 
not  exceed  forty-eight  in  a  week. 

Approved  July  20,  1939. 


Chap. 37 8  An  Act  to  change  the  purposes  for  which  the  corpo- 
ration KNOWN  AS  THE  CORPORATION  OF  THE  REBECCA 
POMROY  NEWTON  HOME  FOR  ORPHAN  GIRLS  WAS  INCOR- 
PORATED. 

Be  it  enacted,  etc.,  as  follows: 

The  purposes  for  which  the  corporation  known  as  the  Cor- 
poration of  the  Rebecca  Pomroy  Newton  Home  for  Orphan 
Girls  was  incorporated  are  hereby  changed  and  amended  so 
that  the  purposes  of  said  corporation  shall  be  as  follows:  — 


Acts,  1939. —Chaps.  379,  380,  381.  441 

The  training  and  educating  destitute  and  orphan  girls  and 
aiding  them  in  procuring  means  for  self-support  and  also  to 
establish  and  maintain  a  community  center  in  Newton  and 
to  offer  and  provide  health-building,  educational  and  recre- 
ational opportunities  and  guidance  to  people  of  all  ages  in 
the  community.  Approved  July  21,  1939. 

An  Act  making  gurnet  bridge,  also  known  as  powder  Cha7).379 

POINT   bridge,   in   the  TOWN  OF  DUXBURY  A  TOWN  WAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  pubhc  highway  including  Gurnet  bridge, 
also  known  as  Powder  Point  bridge,  and  its  approaches  in 
the  town  of  Duxbury,  which  was  laid  out  pursuant  to  chap- 
ter three  hundred  and  one  of  the  acts  of  eighteen  hundred 
and  eighty-seven,  as  amended,  is  hereby  made  a  town  way 
with  title  to  said  bridge  in  the  said  town  of  Duxbury;  and 
all  provisions  of  general  law  relative  to  town  ways  shall  be 
applicable  to  said  way. 

Section  2.  Chapter  three  hundred  and  seventy-eight  of 
the  acts  of  nineteen  hundred  and  four  is  hereby  repealed. 

Section  3.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-one. 

Approved  July  21,  1939. 

An  Act  relative  to  the  taxation  of  deeds,  grants  or  (7/iao.380 

GIFTS   in   contemplation    OF   DEATH. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  sixty-five  of  the  General  Laws,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  fmeAtkci.^  ^' 
by  striking  out,  in  the  third  hne,  the  words  "six  months" 
and  inserting  in  place  thereof  the  following:  —  one  year,  — 
so  as  to  read  as  follows:  —  Section  3.    Any  deed,  grant  or  Gifts,  etc.,  in 
gift  completed  inter  vivos,  except  in  cases  of  bona  fide  pur-  of'deaX''^^"'" 
chase  for  full  consideration  in  money  or  money's  worth, 
made  not  more  than  one  year  prior  to  the  death  of  the  grantor 
or  donor,  shall,  prima  facie,  be  deemed  to  have  been  made 
in  contemplation  of  the  death  of  the  grantor  or  donor.    Not- 
withstanding any  provision  of  section  one,  no  tax  shall  be 
payable  thereunder  on  account  of  any  deed,  grant  or  gift 
in  contemplation  of  death  made  more  than  two  years  prior 
to  the  death  of  the  grantor  or  donor,  unless  made  or  in- 
tended to  take  effect  in  possession  or  enjoyment  after  such 
death.  Approved  July  21,  1939. 

An  Act  providing  for  the  establishment  of  a  memo-  Cfiajj  381 
rial  plot  at  the  state  camp  ground,  so  called,  in 
the  town  of  framingham. 

Be  it  enacted,  etc.,  as  follows: 

The  armory  commission  is  hereby  authorized,  with  the 
approval  of  the  governor  and  council,  to  set  apart  for  use 


442 


Acts,  1939.  —  Chaps.  382,  383. 


as  a  park  a  plot  of  land  not  exceeding  twenty-five  hundred 
square  feet  in  area  surrounding  the  present  memorial  monu- 
ment located  on  the  state  camp  ground  in  the  town  of 
Framingham.  The  park  estabHshed  hereunder  shall  be  cared 
for  by  said  town  subject  to  such  terms  and  conditions  as 
may  be  agreed  upon  by  said  commission  and  the  selectmen 
of  said  town.  Approved  July  21,  1939. 


Chap. 3S2  An  Act  establishing  the  compensation  of  justices  of 

DISTRICT    COURTS    WHILE    ACTING    IN    CERTAIN    APPELLATE 
DIVISIONS   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  eight  of  chapter  two  hundred 
and  thirty-one  of  the  General  Laws,  as  amended  by  section 
one  of  chapter  two  hundred  and  fifty-five  of  the  acts  of 
nineteen  hundred  and  thirty-three,  is  hereby  further  amended 
by  striking  out  the  second  paragraph,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  — 

A  justice  acting  in  the  appellate  division  of  a  district  court 
other  than  the  court  of  which  he  is  a  justice  shall  be  allowed 
in  addition  to  his  compensation  as  such  justice  a  sum  which, 
added  thereto,  will  aggregate  thirty-five  dollars  for  each  day 
he  so  acts,  and  his  necessary  traveling  expenses,  incidental 
expenses  and  necessary  clerical  assistance  while  so  acting, 
to  be  paid  by  the  county  in  which  he  so  acts,  upon  his  cer- 
tificate approved  by  the  county  commissioners;  provided, 
that  the  total  sum  expended  for  such  incidental  expenses 
and  clerical  assistance  shall  not  exceed  in  any  year  the  sum 
of  fifteen  hundred  dollars  in  the  northern  appellate  division 
district  or  the  sum  of  seven  hundred  and  fifty  dollars  in 
either  of  the  other  two  appellate  division  districts;  and  no 
deduction  shall  be  made  from  the  compensation  of  such  jus- 
tice under  section  six  of  chapter  two  hundred  and  eighteen 
on  account  of  compensation  paid  to  a  special  justice  of  his 
court  for  service  at  any  session  which  such  justice  is  unable 
to  hold  by  reason  of  so  acting.  Approved  July  21, 1939. 


G.  L.  (Ter. 
Ed.),  231, 
§  108,  etc., 
amended. 


Compensation 
of  justices 
while  acting 
in  appellate 
division. 


C/ia». 383  "^N  ^^'^   RELATIVE  TO  THE  CARE,  CUSTODY  AND  CONTROL  OF 
THE  SUFFOLK  COUNTY  COURT  HOUSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  care,  custody  and  control  of  the  Suffolk 
county  court  house  shall  be  in  a  commission,  to  consist  of  a 
person  to  be  appointed  by  the  chief  justice  of  the  supreme 
judicial  court  for  a  five  year  term,  the  sheriff  of  Suffolk  county 
and  a  person  to  be  appointed  by  the  governor,  with  the  ad- 
vice and  consent  of  the  council,  for  a  five  year  term.  Said 
commission  shall  appoint  a  custodian  and  such  other  officers 
as  it  may  deem  necessary,  determine  their  term  or  terms  of 
service,  and  may  remove  them  and  appoint  others  in  their 


Acts,  1939.  —  Chaps.  384,  385.  443 

place.  The  compensation  of  such  custodian  and  other  officers 
shall  be  fixed  by  said  commission,  and  shall  be  paid  by  the 
city  of  Boston,  subject  to  the  provisions  of  section  six  of 
chapter  four  hundred  and  seventy-four  of  the  acts  of  nine- 
teen hundred  and  thirty-five  and  subject  also  to  the  per- 
tinent provisions  of  sections  forty-eight  to  fifty-six,  inclu- 
sive, of  chapter  thirty-five  of  the  General  Laws,  as  inserted 
by  section  five  of  chapter  four  hundred  of  the  acts  of  nine- 
teen hundred  and  thirty,  and  as  amended. 

Section  2.  Chapter  four  hundred  and  fifty-three  of  the 
acts  of  eighteen  hundred  and  ninety-four,  as  amended  in 
section  one  by  chapter  five  hundred  and  twenty-five  of  the 
acts  of  nineteen  hundred  and  twenty-two,  is  hereby  repealed. 

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

Approved  July  25,  1939. 

An  Act  providing  for  an  Indian  reservation  within  Chaj)  384 

THE    BOUNDARIES    OF    THE    FREETOWN-FALL    RIVER    STATE     ^        ^' 
FOREST. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  conservation,  on  behalf  of  the  com- 
monwealth, may  estabhsh  within  the  Freetown-Fall  River 
State  Forest  an  Indian  reservation  to  comprise  such  portion 
or  portions  of  said  Forest  as  in  his  judgment  will  best  serve 
the  desired  purposes.  He  shall  have  the  boundaries  of  such 
reservation  surveyed,  defined  upon  the  ground  and  shown 
on  a  plan  which  shall  be  filed  in  his  office.  Within  the  area 
so  determined  he  may  cause  to  be  constructed  a  combination 
museum  building  and  caretaker's  quarters,  together  with  such 
smaller  structures  as  may  seem  to  him  desirable  in  connection 
with  the  manufacture  and  dispensation  of  Indian  products, 
and  may  prosecute  work  of  any  nature  relating  to  such  struc- 
tures and  their  surroundings.  With  or  without  the  co-opera- 
tion of  the  United  States  government  or  any  agency  thereof, 
he  may  arrange  for  the  building  of  homes  within  said  reserva- 
tion for  approximately  twelve  families  of  the  Pocasset  tribe 
of  Indians,  and  shall  have  complete  jurisdiction  at  all  times 
over  the  reservation  so  established  and  general  supervision 
of  the  activities  carried  on  within  its  boundaries. 

Approved  July  25,  1939. 

An  Act  authorizing  the  commissioner  of  conservation  Chav  385 

TO  ESTABLISH  AND  MAINTAIN  A  PLANT  FOR  THE  PROPAGA- 
TION  OF  LOBSTERS  AND  TO  ACQUIRE  CERTAIN  LAND  IN  THE 
TOWN  OF  OAK   BLUFFS  FOR  SUCH   PURPOSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  thirty  of  the  Gen-  o.  l.  (Ter. 
eral   Laws  is  hereby  amended  by  inserting  after  section  fi^^VA^^nd 
twenty-seven,  as  appearing  in  section  two  of  chapter  three  27B.  inserted. 
hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred 


444 


Acts,  1939.  —  Chap.  385. 


Propagation 
of  lobsters. 


Licenses  to 
take,  etc., 
egg-bearing 
lobsters. 


and  thirty-three,  the  two  following  new  sections :  — -  Section 
27 A.  The  commissioner  shall,  to  the  extent  of  the  appro- 
priation or  appropriations  therefor,  estabhsh  and  maintain 
a  plant  for  the  propagation  of  lobsters  by  rearing  them  from 
the  time  of  hatching  to  the  bottom-crawhng  stages.  Lob- 
sters from  which  the  eggs  are  to  be  obtained  for  such  hatch- 
ing and  rearing  shall  be  taken  and  disposed  of  in  accord- 
ance with  section  twenty-seven  B.  The  commissioner,  in  his 
biennial  budget  estimates  filed  pursuant  to  section  three  of 
chapter  twenty-nine,  shall  include  a  statement  of  appropria- 
tion or  appropriations  recommended  by  him  for  the  purpose 
of  carrying  this  section  into  effect. 

Section  27B.  Between  March  first  and  September  fif- 
teenth, both  dates  inclusive,  in  any  year,  the  commissioner 
may  authorize  the  taking,  sale  or  possession  of  egg-bearing 
lobsters  by  any  person  licensed  under  section  thirty-three 
to  catch  or  take  lobsters,  upon  the  distinct  understanding 
that  such  egg-bearing  lobsters  shall  be  taken,  held  or  de- 
livered in  accordance  with  the  instructions  of  the  commis- 
sioner to  a  plant  for  the  propagation  of  lobsters  estabhshed 
and  maintained  under  authority  of  section  twenty-seven  A, 
and  persons  taking  such  egg-bearing  lobsters  under  such 
authority  shall  be  paid  by  the  commissioner  to  the  extent 
of  the  appropriation  or  appropriations  therefor  but  at  a 
rate  not  above  the  market  price  of  other  lobsters.  Eggs  from 
the  lobsters  so  obtained  shall  be  hatched  and  the  young 
reared  to  the  bottom-crawhng  stages.  Lobsters  from  which 
eggs  have  been  so  hatched,  and  the  young  lobsters  so  reared, 
shall  be  liberated,  as  nearly  as  possible,  to  the  areas  from 
which  such  egg-bearing  lobsters  were  obtained  and  in  the 
same  proportion.  Nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  the  commissioner  from  otherwise  dis- 
posing of  lobsters  from  which  eggs  have  been  so  re- 
moved, or  young  lobsters  so  reared,  when  in  the  opinion  of 
the  commissioner  by  so  doing  depleted  or  nonproductive  areas 
may  be  benefited.  The  commissioner  in  his  biennial  budget 
estimates,  filed  pursuant  to  section  three  of  chapter  twenty- 
nine,  shall  include  a  statement  of  appropriation  or  appro- 
priations recommended  by  him  for  the  purpose  of  carrjdng 
this  section  into  effect. 

Section  2.  For  the  purpose  of  carrying  section  one  of 
this  act  into  effect  during  the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred  and  forty,  the  commis- 
sioner of  conservation  may  expend  such  sum,  not  exceeding 
fifty  dollars,  as  may  be  appropriated  therefor;  provided, 
that  such  sum  shall  be  used  only  in  acquiring  in  Lagoon 
pond  in  the  town  of  Oak  Bluffs  a  location  for  the  plant 
referred  to  in  section  one.  Approved  July  25,  1939. 


Acts,  1939.  —  Chaps.  386,  387.  445 


An  Act  authorizing  the  city   of  boston  to  pay  an  Chav.38Q 

ANNUITY    TO    ERNEST   E.  FEWKES    OF    NEWTON. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  For  the  purpose  of  promoting  the  pubHc 
good,  the  city  of  Boston  may  pay  an  annuity  of  six  hundred 
and  fifty  dollars  per  annum,  payable  in  monthly  instal- 
ments, to  Ernest  E.  Fewkes  of  Newton,  a  former  employee 
of  the  Boston  city  hospital,  who  is  now  permanently  dis- 
abled by  reason  of  sickness  contracted  by  him  in  the  per- 
formance of  X-ray  work  at  said  hospital. 

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,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  July  25,  1939. 

An  Act  making  effective  certain  limitations  on  ex-  QJiq^  357 
penditures  contained  in  the  general  appropriation 

ACT    AND    providing    FURTHER    REDUCTIONS    IN    CERTAIN 
ITEMS   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  aggregate  amounts  appropriated  by  sec- 
tion two  of  chapter  three  hundred  and  nine  of  the  acts  of 
the  current  year  for  the  fiscal  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred  and  forty,  hereinafter 
referred  to  as  nineteen  hundred  and  thirty-nine  and  nine- 
teen hundred  and  forty,  respectively,  are  hereby  reduced  by 
eighty  thousand  one  hundred  and  forty-three  dollars,  and 
two  hundred  thirty  thousand  four  hundred  and  twenty-nine 
dollars,  respectively,  of  which  twenty  thousand  dollars  for 
nineteen  hundred  and  thirty-nine  and  sixty  thousand  dol- 
lars for  nineteen  hundred  and  forty  represent  reductions 
in  the  amounts  available  for  the  meals  of  persons  travel- 
ing within  the  commonwealth  at  the  expense  thereof,  ten 
thousand  dollars  for  nineteen  hundred  and  thirty-nine  and 
twenty  thousand  dollars  for  nineteen  hundred  and  forty 
represent  reductions  in  the  amounts  available  for  the  pur- 
chase of  passenger  automobiles,  and  fifty  thousand  one 
hundred  and  forty-three  dollars  for  nineteen  hundred  and 
thirty-nine  and  one  hundred  fifty  thousand  four  hundred 
and  twenty-nine  dollars  for  nineteen  hundred  and  forty 
represent  reductions  in  the  amounts  available  for  allowances 
to  state  employees  for  expenses  incurred  by  them  in  the 
operation  of  motor  vehicles  owned  by  them.  The  state 
comptroller  shall  compute  the  parts  of  said  reductions  prop- 
erly allocable  to  the  respective  items  in  section  two  of  said 
chapter  which  include  meals,  purchases  of  passenger  auto- 
mobiles or  allowances  to  state  employees  as  aforesaid,  and, 
in  setting  up  such  items  on  the  appropriation  ledger  in  his 
bureau,  shall  take  as  the  amount  of  each  such  item  the 
amount  thereof  set  forth  in  said  section  two  reduced  by  such 


446  Acts,  1939.  —  Chap.  388. 

computation  in  compliance  with  this  section  and  the  apph- 
cable  provisions  of  sections  four  and  five  of  said  chapter,  or 
either  of  them,  and  shall  forthwith  notify  each  officer  hav- 
ing charge  of  any  office,  department  or  undertaking  which 
receives  such  an  appropriation  of  the  amount  thereof  as  so 
set  up. 

Section  2.  The  aggregate  of  the  maintenance  appro- 
priations for  the  department  of  mental  health  for  the  fiscal 
year  nineteen  hundred  and  thirty-nine  available  under 
items  480  to  495a,  inclusive,  of  section  two  of  chapter  three 
hundred  and  nine  of  the  acts  of  the  current  year  is  hereby 
reduced  by  the  sum  of  two  hundred  fifty  thousand  dollars, 
and  the  aggregate  of  such  appropriations  for  the  fiscal  year 
nineteen  hundred  and  forty  available  under  said  items  is 
hereby  reduced  by  two  hundred  thousand  dollars,  notwith- 
standing the  specific  amounts  for  maintenance  set  forth  in 
any  of  the  items  hereinbefore  enumerated.  The  commis- 
sioner of  mental  health,  with  the  approval  of  the  chairman 
of  the  commission  on  administration  and  finance,  shall 
apportion  such  reductions  among  the  several  maintenance 
appropriations  contained  in  said  items  in  such  manner  as 
not  to  affect  adversely  the  efficiency  of  the  service  of  the 
respective  institutions  referred  to  in  the  several  items,  and 
shall  file  a  copy  of  said  specific  reductions  with  the  comp- 
troller. In  setting  up  such  items  on  the  appropriation 
ledger  in  his  bureau,  the  comptroller  shall  take  as  the 
amount  of  each  such  item  the  amount  thereof  set  forth  in 
section  two  of  said  chapter  three  hundred  and  nine,  reduced 
in  compliance  with  this  section.  In  this  act,  the  fiscal  years 
nineteen  hundred  and  thirty-nine  and  nineteen  hundred 
and  forty  shall  mean  the  fiscal  years  ending  on  November 
thirtieth,  nineteen  hundred  and  thirty-nine,  and  November 
thirtieth,  nineteen  hundred  and  forty. 

Approved  July  25,  1939. 

Chap. S8S  An  Act  incorporating  the  Massachusetts  state  college 

BUILDING  ASSOCIATION  FOR  THE  PURPOSE  OF  PROVIDING 
ADDITIONAL  DORMITORY  AND  OTHER  FACILITIES  FOR  SAID 
COLLEGE. 

^rTambre"^  Wheveas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  in  part  is  to  provide  urgently 
needed  dormitory  facilities  for  students  at  the  Massachu- 
setts State  College  during  the  next  ensuing  academic  year, 
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.  Ralph  F.  Taber  of  Newton,  Harry  D.  Brown 
of  Billerica,  Alden  C.  Brett  of  Belmont,  Wilham  V.  Hayden 
of  Newton,  David  H.  Buttrick  of  Arlington,  Richard  J. 
Davis  of  Reading,  Louis  W.  Ross  of  Newton,  Eleanor  W. 


Acts,  1939.  —  Chap.  388.  447 

Bateman  of  Lancaster,  and  their  successors,  are  hereby 
made  a  corporation,  by  the  name  of  Massachusetts  State 
College  Building  Association,  for  the  purpose  of  construct- 
ing, equipping  and  maintaining  buildings  for  dormitories, 
commons  and  other  uses  connected  with  the  Massachusetts 
State  College. 

No  funds  of  said  corporation  shall  be  distributed  among 
its  own  members  other  than  those  employed  by  it,  but  all 
such  funds  shall  be  devoted  solely  to  the  carrying  out  of  the 
purposes  for  which  said  corporation  is  created. 

Section  2.  Said  corporation  shall  have  authority  to 
hold  for  the  purpose  aforesaid  real  and  personal  estate  to 
an  amount  not  exceeding  four  hundred  and  fifty  thousand 
dollars. 

Section  3.  The  incorporators  named  in  section  one  and 
their  successors  shall  constitute  the  members  of  said  corpo- 
ration and  its  board  of  directors.  Whenever  a  vacancy  shall 
occur  in  said  membership  and  board  the  remaining  mem- 
bers and  directors  shall  fill  such  vacancy,  but  no  person  shall 
be  eligible  to  membership  in  said  corporation  or  to  said  board 
of  directors  who  is  not  at  the  time  of  his  election  an  officer, 
member  of  the  faculty  or  alumnus  of  the  Massachusetts 
State  College. 

Section  4.  Said  directors  shall  appoint  a  president,  a 
treasurer,  a  clerk  and  such  other  officers  as  they  may  deem 
necessary,  and  may  prescribe  their  duties,  and  may  require 
the  treasurer  to  give  bond  with  satisfactory  sureties  in  such 
sum  as  in  their  discretion  they  may  deem  wise  and  expedient. 

Section  5.  Said  corporation  may  make  by-laws  con- 
sistent wdth  law. 

Section  6.  The  trustees  of  the  Massachusetts  State 
College  may,  in  the  name  of  and  for  the  commonwealth, 
lease  to  said  corporation  land  in  Amherst  or  Hadley  owned 
by  the  commonwealth,  for  the  erection  and  maintenance  of 
dormitories,  commons  and  other  buildings  for  the  use  of 
said  college  or  its  students.  Not  more  than  one  acre  shall 
be  so  leased  at  any  one  time.  The  pertinent  provisions  of 
section  twenty-seven  of  chapter  seventy-five  of  the  General 
Laws  shall  apply  to  such  leases.  Such  leases  may  provide 
that  any  buildings  erected  on  such  land  shall  remain  the 
property  of  said  corporation  except  as  hereinafter  provided. 
Said  trustees  may,  in  the  name  of  and  for  the  commonwealth, 
take  leases  of  any  real  estate  or  buildings  owned  by  said 
corporation,  for  any  use  in  any  way  connected  with  said 
college.  Any  building  so  leased  shall  become  the  prop- 
erty of  the  commonwealth  upon  the  payment  in  full  of  all 
obligations  incurred  hereunder  by  said  corporation  with  re- 
spect to  such  buildings.  Section  twenty-eight  of  said  chapter 
shall  not  apply  to  land  leased  under  this  act  to  said  corpora- 
tion, and  no  property  or  income  of  said  corporation  shall  be 
subject  to  local  or  state  taxation. 

Section  7.  Said  corporation  may  borrow  money  and 
issue  bonds  therefor,  and  may  pledge  as  security  for  their 


448  Acts,  1939.  —  Chaps.  389,  390. 

payment  the  rentals  receivable  under  any  lease  made  by 
said  corporation  to  said  trustees,  as  hereinbefore  provided. 
Such  bonds,  if  secured  by  a  pledge  of  such  rentals  sufficient 
in  amount  to  meet  the  principal  and  interest  of  such  bonds, 
shall  be  legal  investments  for  savings  banks  in  this  com- 
monwealth and  for  domestic  life  insurance  companies,  and 
the  income  therefrom  shall  be  exempt  from  taxation  in  this 
commonwealth.  Approved  July  26,  1939. 

Chap. 389  An  Act  authorizing  the  town  of  watertown  to  rein- 
state ANNA  R.  FORD  IN  ITS  SERVICE  FOR  THE  SOLE  PUR- 
POSE   OF   BEING   RETIRED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  For  the  purpose  of  promoting  the  public  good 
and  in  consideration  of  the  faithful  and  meritorious  service 
of  Anna  R.  Ford  to  the  town  of  Watertown  during  a  period 
of  twenty-six  years  prior  to  her  separation  from  said  service 
in  May,  nineteen  hundred  and  thirty-five,  because  of  illness, 
said  town,  acting  by  its  board  of  selectmen,  may  reinstate 
her,  without  examination,  in  the  service  of  said  town  for  the 
sole  purpose  of  being  retired.  Upon  reinstatement  as  afore- 
said, the  retirement  board  of  said  town  shall  forthwith 
retire  her;  and  upon  such  retirement  she  shall  receive  the 
retirement  allowance  to  which  she  would  have  been  entitled 
if  she  had  continued  in  said  service  until  the  date  of  her 
retirement  under  this  act,  and  had  become  a  member  of  the 
retirement  system  of  said  town  on  July  first,  nineteen  hun- 
dred and  thirty-seven;  provided,  that,  prior  to  said  retire- 
ment, she  shall  have  paid  into  the  annuity  savings  fund  of 
said  system,  in  one  sum,  an  amount  equal  to  that  which 
she  would  have  paid  had  she  become  a  member  of  said  sys- 
tem on  said  July  first,  with  interest  at  three  per  cent. 

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

Approved  July  26,  1939. 

Chap. S90  An    Act    authorizing    the    county    commissioners    of 

BRISTOL     COUNTY     TO     PAY     CERTAIN     COMPENSATION     TO 
OLIVE   A.    NERNEY    OF   ATTLEBORO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  and  when  an  appropriation  is  provided 
therefor,  the  county  commissioners  of  Bristol  county  may 
pay  to  Olive  A.  Nerney  of  Attleboro  a  sum  not  exceeding 
one  hundred  and  twenty-five  dollars  and  sixty-eight  cents, 
for  the  purpose  of  compensating  said  Nerney  for  services 
performed  as  assistant  probation  officer  of  the  fourth  district 
court  of  Bristol  from  February  first  to  June  twenty-second, 
nineteen  hundred  and  thirty-eight. 

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  July  26,  1939. 


Acts,  1939. —  Chap.  391.  449 


An  Act  further  regulating  the  payment  to  the  com-  Qhnj)  391 

MONWEALTH    OF    SUMS    APPROPRIATED    FOR    THE    DIVISION  ^' 

OF  SAVINGS  BANK  LIFE  INSURANCE. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-eight  of  Ed^iTl'^' 
the  General  Laws  is  hereby  amended  by  striking  out  section  §"  17.'  etc! 
seventeen,  as  amended  by  section  five  of  chapter  three  hun-  =*™<^°'^ed. 
dred  and  thirty  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  and  inserting  in  place  thereof  the  following:  —  Section  Reimburse- 
17.  There  shall  be  paid  to  the  commonwealth  in  each  fiscal  monwelith'"' 
year,  on  or  before  the  tenth  day  of  each  month,  a  sum  equal  ^or  certain 
to  one  twelfth  of  the  total  appropriations  for  the  division  of  division. 
savings  bank  life  insurance  for  such  fiscal  year;  provided, 
that  provisional  payments  on  account  of  the  foregoing,  equal 
in  each  instance  to  one  twelfth  of  the  amount  appropriated 
for  said  division  for  the  preceding  fiscal  year,  shall  in  each 
fiscal  year  in  which  a  biennial  general  appropriation  act  is 
to  be  enacted  be  made  on  or  before  the  tenth  day  of  each  of 
the  months  thereof  up  to  and  including  that  in  which  said 
act  takes  effect;  and  provided,  further,  that  if  in  any  such 
fiscal  year  the  total  amount  of  the  provisional  payments  so 
made  in  said  months  shall  be  less  or  greater  than  the  pro- 
portionate part,  for  the  same  number  of  months,  of  the  total 
appropriations  made  by  said  act  for  said  division  for  such 
fiscal  year,  a  sum  equal  to  the  difference  between  the  amount 
of  such  provisional  payments  and  such  proportionate  part 
shall,  as  the  case  may  be,  be  added  to  or  deducted  from  the 
monthly  payment  due  and  payable  hereunder  in  the  month 
next  following  the  month  in  which  said  act  takes  effect. 
Any  sums  paid  hereunder  and  remaining  unexpended  at 
the  end  of  a  fiscal  year  shall  be  deducted  from  the  sums 
otherwise  required  to  be  paid  hereunder  during  the  next 
fiscal  year.  Said  sums  so  to  be  paid  to  the  commonwealth 
shall  be  apportioned  by  the  trustees  of  the  General  Insur- 
ance Guaranty  Fund  ^^among  the  savings  and  insurance 
banks  in  proportion  to  their  premium  income,  or  on  such 
other  basis  as  the  said  trustees  shall  deem  equitable 
and  proper,  and  said  banks  shall  be  assessed  therefor  in 
accordance  with  such  apportionment;  provided,  that  no 
savings  and  insurance  bank  shall  be  assessed  for  any  part 
of  said  expenditure  unless  and  until  it  shall  have  accumulated 
in  its  insurance  department  a  surplus  fund  of  not  less  than 
twenty  thousand  dollars  as  provided  in  sections  five,  nine- 
teen and  twenty-one,  or  unless  and  until  five  years  shall 
have  elapsed  from  the  date  when  it  shall  have  been  licensed 
by  the  commissioner  of  insurance  to  issue  policies  and  make 


450  Acts,  1939.  —  Chaps.  392,  393. 

annuity  contracts,  whichever  event  shall  sooner  happen. 
Any  sum  so  apportioned  to  banks  so  exempted  shall  be  paid 
to  the  commonwealth  by  the  trustees  of  the  General  Insur- 
ance Guaranty  Fund  from  the  interest  income  thereof. 

Section  2.  On  or  before  the  tenth  day  of  the  month 
next  following  the  month  in  which  this  act  becomes  effective 
there  shall  be  paid  to  the  commonwealth,  on  account  of  the 
sums  expended  and  to  be  expended  by  it  for  the  division  of 
savings  bank  life  insurance  from  November  thirtieth,  nine- 
teen hundred  and  thirty-eight  to  the  first  day  of  the  month 
following  that  in  which  such  payment  is  required  to  be 
made,  a  sum  which  shall  bear  the  same  proportion  to  the 
sums  so  expended  by  it  for  said  division  during  the  fiscal 
year  which  ended  on  said  November  thirtieth,  nineteen  hun- 
dred and  thirty-eight  as  the  number  of  months  elapsed  since 
said  last  mentioned  date,  including  the  month  in  which  such 
payment  is  required  to  be  made,  bears  to  the  number  of 
months  in  a  year;  and  section  seventeen  of  chapter  one  hun- 
dred and  seventy-eight  of  the  General  Laws,  as  most  re- 
cently amended  by  section  one  of  this  act,  except  the  first 
sentence  thereof,  shall  apply  to  payments  required  by  this 
section  to  be  made  to  the  commonwealth.  Payments  under 
said  section  seventeen,  as  so  amended,  shall  commence  on 
the  tenth  of  the  month  next  following  that  in  which  pay- 
ment under  this  section  is  required  to  be  made. 

Approved  July  26,  1939. 


Chap. 392  An  Act  providing  for  a  fourth  assistant  register  op 

PROBATE  FOR  THE  COUNTY  OF  SUFFOLK. 

^r'^ambiT^  TF/iereas,    The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 
G^LjTer.  Chapter  two  hundred  and  seventeen  of  the  General  Laws 

§  2'4A,    '         is  hereby  amended  by  striking  out  section  twenty-four  A, 
amended.  ^g  appearing  in  the  Tercentenary  Edition,  and  inserting  in 

Third  and         placc  thereof  the  following  section :  —  Section  24 A .     The 

judges  of  probate  for  the  county  of  Suffolk  may  appoint  a 


fourth  assist 
ant  registers 


in  Suffolk  third  and  a  fourth  assistant  register  for  said  county,  who 

county.  shaX\  hold  office  for  three  years,  unless  sooner  removed  by 

the  judges.     They  shall  be  subject  to  the  laws  relative  to 
assistant  registers.  Approved  July  26,  1939. 


Chap.S93  An  Act  further  revising  the  laws  relative  to  aviation. 
Emergency  Wkcreos,   The  deferred  operation  of  this  act  would  cause 

preambe.  substantial  inconvenieuce,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  safety  and  convenience. 


Acts,  1939.  —  Chap.  393.  451 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  six  of  the  General  Laws,  as  most  g.  l.  (Ter. 
recently  amended  in  section  seventeen  by  section  one  of  f'i7,'et'c., 
chapter  four  hundred  and  seventy-five  of  the  acts  of  nine-  amended. 
teen  hundred  and  thirty-five,  is  hereby  further  amended  by 
striking  out  said  section  seventeen  and  inserting  in  place 
thereof  the  following:  —  Section  17.     The  armory  commis-  Certain  officers 
sion,  the  art  commission,  the  commission  on  administration  govemorTnd'^ 
and  finance,  the  commissioner  of  state  aid  and  pensions,  the  council. 
commissioners  on  uniform  state  laws,  the  public  bequest 
commission,  the  state  ballot  law  commission,  the  board  of 
trustees  of  the  Soldiers'  Home  in  Massachusetts,  the  milk 
regulation  board,  the  alcoholic  beverages  control  commission, 
the  state  planning  board,  the  trustees  of  the  state  library, 
the  state  racing  commission,  the  Greylock  reservation  com- 
mission and  the  Massachusetts  aeronautics  commission  shall 
serve  under  the  governor  and  council,  and  shall  be  subject 
to  such  supervision  as  the  governor  and  council  deem  neces- 
sary or  proper. 

Section  2.    Section  six  of  chapter  sixteen  of  the  General  g-,^  {g'"'- 
Laws,  as  amended  by  section  one  of  chapter  four  hundred  §  g',  etc.,' 
and  eighteen  of  the  acts  of  nineteen  hundred  and  thirty-five,  ''"'''"'^^^• 
is  hereby  further  amended  by  striking  out,  in  the  second 
line,  the  words  "sections  thirty-one  and  forty-one"  and  in- 
serting in  place  thereof  the  words:  —  section  thirty-one, — 
so  as  to  read  as  follows:  —  Section  6.     Except  as  otherwise  Rules  and 
provided  by  section  thirty-one  of  chapter  ninety  and  section  regulations. 
sixty  of  chapter  one  hundred  and  forty,  all  rules  and  regula- 
tions within   the  jurisdiction  of  the   department  shall  be 
drafted  by  the  commissioner  and  associate  commissioners 
and  shall  take  effect  when  approved  by  them,  and  at  such 
time  as  they  shall  designate.     Said  commissioner  and  asso- 
ciate commissioners  shall  also  have  power  to  make  all  needful 
rules  and  regulations  for  carrying  out  the  provisions  of  law 
relating  to  the  department. 

Section  3.    Chapter  ninety  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  sections  thirty-five  to  forty-three,  §^§'351050, 
inclusive,  and  sections  forty-four  to  fifty,  inclusive,  inserted  stricken  out, 
by  section  two  of  said  chapter  four  hundred  and  eighteen  tions  as' to  52. 
and  as  amended  by  sections  one  to  eight,  inclusive,  and  sec-  '"^^''^ed- 
tions  ten  to  twelve,  inclusive,  of  chapter  four  hundred  and 
seventeen  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
and  section  forty-three  A,  inserted  by  section  nine  of  said 
chapter  four  hundred  and  seventeen,  and  inserting  in  place 
thereof  the  eighteen  following  new  sections:  —  Section  35.  Definitions. 
The  following  words  and  phrases  used  in  sections  thirty-five 
to  fifty-two,  inclusive,  shall  have  the  following  meanings, 
unless   a   different   meaning  is   clearly   apparent  from   the 
language  or  context,  or  unless  such  construction  is  incon- 
sistent with  the  manifest  intention  of  the  general  court:  — 

"Aeronautics",  the  act  or  practice  of  the  art  and  science 
of  transportation  by  aircraft,  and  operation,  construction. 


452  Acts,  1939.  —  Chap.  393. 

repair  or  maintenance  of  aircraft,  airports,  landing  fields, 
landing  strips,  air  navigation  facilities  or  air  instruction. 

"Aircraft",  any  contrivance  now  known  or  hereafter  in- 
vented, used,  or  designed  for  navigation  of,  or  flight  in  the 
air. 

"Air  instruction",  the  imparting  of  aeronautical  informa- 
tion in  any  air  school,  flying  club,  or  by  an  aviation  instructor. 

"Airman",  any  individual  including  the  one  in  command, 
and  any  pilot  including  a  student,  mechanic,  or  member  of 
the  crew,  who  engages  in  the  navigation  of  aircraft  while 
under  way,  or  any  individual  who  is  in  charge  of  the  inspect- 
ing, overhauling  or  repair  of  aircraft,  aircraft  engines  or 
propellers;  and  any  individual  who  serves  in  the  capacity  of 
aircraft  dispatcher  or  air-traflfic  control-tower  operator. 

"Airport",  any  area,  either  land  or  water,  which  is  used 
or  which  is  made  available  for  the  landing  and  take-off  of 
aircraft,  and  which  provides  facilities  for  the  shelter,  supply 
and  repair  of  aircraft,  and  which  meets  the  minimum  re- 
quirements as  to  size,  design,  surface,  marking,  equipment, 
and  management  as  may  from  time  to  time  be  provided  by 
the  commission. 

"Air  school",  any  person  engaged  in  giving  instruction, 
or  offering  to  give  instruction  in  aeronautics,  either  in  flying 
or  ground  subjects,  or  both,  for  or  without  hire  or  reward, 
and  advertising,  representing,  or  holding  himself  out  as  giv- 
ing or  offering  to  give  such  instruction. 

"Civil  aircraft",  any  aircraft  other  than  a  public  aircraft. 

"Commission",  the  Massachusetts  aeronautics  commis- 
sion established  by  section  thirty-six. 

"Glider",  a  motorless  heavier  than  air  aircraft. 

"Landing  field",  any  area,  either  of  land  or  water,  which 
is  used  or  which  is  made  available  for  the  landing  and  take- 
off of  aircraft,  which  may  or  which  may  not  provide  faciHties 
for  the  shelter,  supply  and  repair  of  aircraft,  and  which 
meets  the  minimum  requirements  as  to  size,  design,  surface, 
marking,  equipment  and  management  as  may  from  time  to 
time  be  provided  by  the  commission. 

"Landing  strip",  an  area,  either  of  land  or  water,  which 
is  available  for  the  landing  and  take-off  of  aircraft,  having 
not  less  than  two  hundred  feet  of  usable  width  and  not  less 
than  eight  hundred  feet  of  usable  length. 

"Navigable  air  space",  air  space  above  the  minimum  safe 
altitudes  of  flight  prescribed  by  regulation  by  the  commis- 
sion. Such  navigable  air  space  shall  be  subject  to  a  public 
right  of  air  navigation  in  conformity  with  the  provisions  of 
this  chapter  and  with  the  regulations  and  air  traffic  rules 
issued  by  the  commission. 

"Person",  any  individual,  association,  copartnership, 
firm,  company,  corporation,  or  other  association  of  indi- 
viduals. 

"Public  aircraft",  an  aircraft  used  exclusively  in  the 
governmental  service,  including  military  and  naval  aircraft, 
or  of  any  state  or  territory  of  the  United  States. 


Acts,  1939. —  Chap.  393.  453 

Section  36.  There  shall  be  a  commission  to  be  known  as  Massachusetts 
the  Massachusetts  aeronautics  commission,  consisting  of  comm'i^^on, 
the  commissioner  of  public  safety,  the  commissioner  of  pub-  memhprs.  term. 
he  works  and  five  members  to  be  appointed  by  the  governor. 
Of  the  members  so  appointed  four  shall  be  persons  having 
practical  experience  in  aeronautics  or  aviation.  Of  the  ap- 
pointive members  originally  appointed  hereunder,  one  shall 
be  appointed  for  a  term  of  one  year,  one  for  a  term  of  two 
years,  one  for  a  term  of  three  years,  one  for  a  term  of  four 
years  and  one  for  a  term  of  five  years,  and  thereafter  their 
successors  shall  be  appointed  in  like  manner  for  terms  of 
five  years  each.  Each  appointive  member  of  the  commis- 
sion shall  serve  until  the  qualification  of  his  successor. 
The  governor  shall  from  time  to  time  designate  one  of  the 
appointive  members  of  the  commission  to  act  as  chairman. 
The  members  of  the  commission  shall  serve  without  com- 
pensation; but  they  and  the  employees  of  the  commission 
shall  be  reimbursed  for  necessary  traveling  and  other  expenses 
and  disbursements  incurred  or  expended  in  the  performance 
of  their  official  duties. 

Section  37.  The  commission  shall  employ  a  director,  and  ^j^®^^5°''' 
may  employ  such  other  employees  and  assistants  as  it  deems  ' 
necessary  for  the  proper  transaction  of  its  business.  The 
director  shall  receive  a  salary  of  five  thousand  dollars,  and 
shall  not  be  subject  to  chapter  thirty-one  and  the  rules  and 
regulations  made  thereunder.  The  director  may  be  removed 
from  office  only  by  the  affirmative  votes  of  five  members 
of  the  commission. 

Section  3S.  The  commission  shall  be  provided  with  suit-  offices. 
able  offices  in  the  city  of  Boston  and  elsewhere  within  the 
commonwealth,  as  the  commission  may  determine,  and  may 
expend  for  office  furniture  and  furnishings,  stationery,  print- 
ing, incidental  expenses  and  other  expenses  necessary  or 
reasonable  in  connection  with  the  enforcement  of  sections 
thirty-five  to  fifty-two,  inclusive,  and,  in  general,  with  the 
promotion  of  aeronautics  within  the  commonwealth,  such 
sums  as  may  be  appropriated  therefor. 

Section  39.     The  commission  shall  have  supervision  and  fnd"ontio" 
control  over  all  aeronautical  activities  and  facilities  within  over  airports, 
the  commonwealth,  which  authority  shall  be  deemed  to  in-  '"*''■ 
elude  supervision  and  control  over  all  airports,  landing  fields, 
landing  strips,  air  instruction,  air  markings,  air  beacons  and 
all  air  navigation  facilities  within  the  commonwealth;    pro- 
vided, that  nothing  in  this  paragraph  shall  be  deemed  to 
grant  to  or  impose  upon  the  commission  any  right  or  duty 
with  respect  to  the  management  or  maintenance  of  any  such 
aeronautical  activity  or  facility  unless  it  is  owned  or  man- 
aged by  the  commonwealth  under  some  other  provision  of 
law. 

The  commission  from  time  to  time  may  make,  and  there-  Rules  and 
after  amend  or  repeal,  reasonable  rules  and  regulations  rela-  '■^f?"'**'""''- 
tive  to  such  activities  and  faciUties:   provided,  that  no  rule 
or  regulation  made  under  authority  of  any  provision  of  this 


454 


Acts,  1939.  —  Chap.  393. 


Powers  and 
duties  of 
commission. 


Investigations. 


Enforcement 
of  rules,  etc. 


section  shall  be  inconsistent  with  the  then  current  federal 
legislation  governing  aeronautics  and  the  rules  and  regula- 
tions duly  promulgated  thereunder,  nor  shall  any  rule  or 
regulation  of  the  commission  apply  to  airports,  landing 
fields,  air  beacons  or  other  air  navigation  facilities  owned  or 
operated  within  the  commonwealth  by  the  federal  govern- 
ment. In  no  case  shall  the  commission  unnecessarily  dupli- 
cate by  its  rules  and  regulations  the  regulatory  activities  of 
the  Civil  Aeronautics  Authority  of  the  United  States. 

Section  40.  The  commission  shall  foster  air  commerce 
within  this  commonwealth  in  accordance  with  sections 
thirty-five  to  fifty-two,  inclusive,  and  for  such  purpose 
shall :  — 

(a)  Encourage  the  establishment  of  airports,  civil  airways 
and  other  air  navigation  facilities. 

(6)  Make  recommendations  to  the  governor  and  to  the 
general  court  as  to  necessary  legislation  or  action  pertaining 
thereto. 

(c)  Study  the  possibilities  for  the  development  of  air  com- 
merce and  the  aeronautical  industry  and  trade  within  the 
commonwealth,  and  collect  and  disseminate  information 
relative  thereto. 

(d)  Advise  with  the  Civil  Aeronautics  Authority  and  other 
agencies  of  the  federal  government,  and  with  agencies  in 
the  executive  branch  of  the  government  of  this  common- 
wealth, in  carrying  forward  such  research  and  development 
work  as  tends  to  create  improved  air  navigation  facilities. 

(e)  Exchange  with  said  Civil  Aeronautics  Authority,  and 
with  other  state  governments  through  existing  governmental 
channels  information  pertaining  to  civil  air  navigation. 

(/)  Co-operate  in  the  establishment  and  creation  of  civil 
airways  and  air  navigation  facilities  with  the  department  of 
public  works;  and 

(g)  Enforce  the  rules  and  regulations  promulgated  as  pro- 
vided under  said  sections  with  the  assistance  and  co-opera- 
tion of  state  and  local  authorities  charged  with  the  enforce- 
ment of  law  in  their  respective  jurisdictions. 

Section  4I.  The  commission  or  any  member  thereof  shall 
have  power  to  hold  investigations,  inquiries  and  hearings 
concerning  matters  covered  by  any  provision  of  sections 
thirty-five  to  fifty-two,  inclusive,  and  concerning  all  acci- 
dents in  connection  with  aviation  within  the  commonwealth. 
Due  notice  of  all  such  hearings  shall  be  given,  and  all  such 
hearings  shall  be  open  to  the  public.  Each  commissioner 
shall  have  power  to  administer  oaths  and  afiirmations,  cer- 
tify to  all  official  acts,  issue  subpoenas  and  compel  the  at- 
tendance and  testimony  of  witnesses  and  the  production  of 
papers,  books  and  documents. 

Section  42.  The  superior  court  shall  have  jurisdiction  in 
equity  to  enforce  any  lawful  rule,  regulation  or  order  made 
by  the  commission  or  any  of  its  members  under  any  pro- 
vision of  sections  thirty-five  to  fifty-two,  inclusive,  and  may 
compel  the  attendance  of  and  the  giving  of  testimony  by 


Acts,  1939.  —  Chap.  393.  455 

witnesses  before  the  commission  or  any  member  thereof,  in  the 
same  manner  and  to  the  same  extent  as  before  said  court. 

Section  43.  The  commission  shall  keep  on  file  for  public  Report, 
inspection,  at  the  office  of  the  state  secretary  and  also  at 
its  principal  office,  a  copy  of  all  its  rules  and  regulations,  as 
amended  from  time  to  time.  The  commission  annually  in 
December  shall  make  to  the  governor  and  council  and  to 
the  general  court  a  full  report  in  writing,  and  may  submit 
with  such  report  such  recommendations  pertaining  to  its 
affairs  as  it  may  deem  advisable,  together  with  drafts  of 
such  legislation  as  it  may  recommend. 

Section  44-  Any  person  failing  to  comply  with  any  re-  Penalty, 
quirement,  or  violating  any  provision,  of  sections  thirty-five 
to  fifty-two,  inclusive,  or  the  rules  and  regulations  for  the 
enforcement  of  said  sections  made  by  the  commission  and 
in  full  force  and  effect,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment for  not  less  than  one  month  nor  more  than  six  months, 
or  both.  Whoever  operates  an  aircraft  while  under  the  in- 
fluence of  intoxicating  Hquor  shall  be  punished  by  impris- 
onment for  not  less  than  one  month  nor  more  than  two 
years. 

Section  45.    Any  person  aggrieved  by  any  rule,  regulation,  Appeal  from 
ruling,  decision  or  order  of  the  commission,  may,  within  ten  ^^  '"^'  ^^'^' 
days  of  the  effective  date  of  such  rule,  regulation,  ruling, 
decision  or  order,  appeal  to  the  superior  court  for  the  pur- 
pose of  having  the  reasonableness  or  lawfulness  thereof  in- 
quired into  and  determined. 

Section  46-  Flight  of  aircraft  over  the  lands  and  waters  Flying  altitude. 
of  this  commonwealth,  within  the  navigable  air  space  as  ''^8"''^*^'^- 
defined  in  section  thirty-five,  shall  be  lawful  unless  at  such 
a  low  altitude  as  to  interfere  with  the  then  existing  use  to 
which  the  land  or  water  or  space  over  the  land  or  water  is 
put  by  the  owner  or  occupant,  or  unless  so  conducted  as  to 
be  imminently  dangerous  to  persons  or  property  lawfully  on 
the  land  or  water  beneath. 

Section  4^-  The  public  safety  requiring,  and  the  advan-  Pilots,  etc., 
tages  of  uniform  regulation  making  it  desirable  in  the  in-  by^federT^ 
terest  of  aeronautical  progress,  that  a  person  engaging  within  authorities. 
this  commonwealth  in  navigating  or  operating  aircraft  in 
any  form  of  navigation  should  have  the  qualifications  neces- 
sary for  obtaining  and  holding  a  pilot's  Hcense,  permit  or 
certificate,  issued  by  the  Civil  Aeronautics  Authority  of  the 
United  States  or  other  proper  licensing  authority,  no  person 
shall  operate  or  navigate  any  aircraft  in  this  commonwealth 
unless  such  person  is  the  holder  of  an  appropriate  effective 
pilot's  license,  permit  or  certificate,  issued  by  said  authority; 
provided,  that  this  restriction  shall  not  apply  to  persons 
operating  military  aircraft  of  the  United  States  or  posses- 
sions thereof,  public  aircraft  of  any  state  or  territory,  or 
any  aircraft  licensed  by  a  foreign  country  with  which  the 
United  States  has  a  reciprocal  agreement  covering  the  opera- 
tion of  such  Ucensed  aircraft,  nor  to  glider  pilots  licensed  by 


456 


Acts,  1939.  —  Chap.  393. 


Aircraft  to 
be  licensed. 


Operators, 
etc.,  to  register 
federal  cer- 
tificates. 


Chairman  to 
be  attorney 
upon  whom 
process  may 
be  served. 


the  commission  in  accordance  with  such  regulations  as  it 
may  prescribe,  nor  to  persons  operating  model  aircraft,  nor 
to  any  person  piloting  an  aircraft  which  is  equipped  with 
fully  functioning  dual  controls  when  a  certificated  instructor 
is  in  full  charge  of  one  set  of  said  controls  and  such  flight  is 
solely  for  instruction  or  for  the  demonstration  of  said  air- 
craft to  a  bona  fide  prospective  purchaser  thereof. 

Section  J^8.  The  public  safety  requiring,  and  the  advan- 
tages of  uniform  regulation  making  it  desirable  in  the  in- 
terest of  aeronautical  progress,  that  aircraft  operated  within 
this  commonwealth  should  conform  with  respect  to  design, 
construction  and  air-worthiness  to  the  standards  prescribed 
by  the  United  States  government  with  respect  to  navigation 
of  civil  aircraft  subject  to  its  jurisdiction,  no  aircraft  shall 
be  operated  or  navigated  within  the  commonwealth  unless 
such  aircraft  has  an  appropriate  effective  license,  permit  or 
certificate,  issued  by  the  Civil  Aeronautics  Authority  of  the 
United  States  or  other  proper  licensing  authority  and  is 
registered  by  said  authority;  provided,  that  this  restric- 
tion shall  not  apply  to  military  aircraft  of  the  United  States 
or  possessions  thereof,  public  aircraft  of  any  state  or  terri- 
tory, aircraft  licensed  by  a  foreign  country  with  which  the 
United  States  has  a  reciprocal  agreement  covering  the  opera- 
tion of  such  licensed  aircraft,  nor  to  model  aircraft  operated 
in  accordance  with  such  regulations  as  the  commission  may 
prescribe,  nor  to  gliders  licensed  by  the  commission  in  ac- 
cordance with  such  regulations  as  it  may  prescribe;  and 
provided,  further,  that  the  commission  may  waive  the  pro- 
visions of  this  section  for  the  purpose  of  inspection  or  test 
flights  of  a  non-passenger  carrying  aircraft. 

Section  1^9.  All  resident  airmen,  and  owners  and  operators, 
or  owners  or  operators,  of  all  aircraft,  shall  register  the  fed- 
eral certificates  of  said  airmen  and  of  said  aircraft  in  such 
manner  as  the  commission  may  by  regulation  prescribe. 
Non-resident  airmen,  and  owners  and  operators,  or  owners 
or  operators,  of  aircraft,  may  operate  within  the  common- 
wealth without  such  registration  for  not  more  than  ten  con- 
secutive days  in  any  calendar  year. 

Section  50.  The  operation  within  this  commonwealth  by 
any  person,  by  himself  or  his  agent,  of  any  aircraft,  whether 
registered  or  unregistered,  and  whether  with  or  without  a 
license,  permit  or  certificate  to  operate,  shall  be  deemed 
equivalent  to  an  appointment  by  such  person  of  the  chair- 
man of  the  commission,  or  his  successor  in  office,  to  be  his 
true  and  lawful  attorney  upon  whom  may  be  served  all  law- 
ful processes  in  any  action  or  proceeding  against  him  grow- 
ing out  of  any  accident  or  collision  in  which  he  may  be  in- 
volved while  operating  aircraft  within  the  commonwealth, 
and  such  operation  shall  be  a  signification  of  agreement  by 
such  person  that  any  lawful  process  against  him  which  is 
served  upon  said  chairman  of  the  commission,  or  his  succes- 
sor in  office,  as  such  attorney  shall  be  of  the  same  legal  force 
and  validity  as  if  served  on  him  personally,  and  that  said 


Acts,  1939.  —  Chap.  393.  457 

chairman  of  the  commission,  and  his  successor  in  office, 
shall  continue  to  be  his  said  attorney  so  long  as  any  hability 
on  account  of  such  an  accident  or  collision  remains  outstand- 
ing against  him.  Sections  three  A  to  three  E,  inclusive, 
shall  apply  to  such  service. 

Section  51.  Airports,  landing  fields  and  landing  strips  for  Airports, 
aircraft  may  be  established  from  time  to  time  and  may  be  estabh°shed. 
maintained  by  the  commission,  or  by  other  public  officials 
in  charge  of  any  land  owned  or  controlled  by  the  common- 
wealth or  by  any  city,  town,  county  or  district  thereof,  or, 
in  case  two  or  more  political  subdivisions  of  the  common- 
wealth vote  to  form  a  district  for  any  or  all  purposes  of  this 
section,  by  such  district;  provided,  that  no  action  shall  be 
taken  hereunder  by  the  commission  or  by  any  other  official 
or  officials  of  the  commonwealth  in  charge  of  land  owned  or 
controlled  by  the  commonwealth  unless  sufficient  appropria- 
tions to  cover  the  expense  thereof  shall  have  been  made. 

Section  52.     If  any  provision  of  said  sections  thirty-five  validity  of 
to  fifty-one,  inclusive,  is  declared  unconstitutional  or  the  t^be" affected, 
application  thereof  to  any  person  or  circumstance  is  held  ^''^''"• 
invalid,  the  validity  of  the  remaining  provisions  thereof  and 
the  application  of  such  provision  to  other  persons  and  cir- 
cumstances shall  not  be  affected  thereby. 

Section  4.  All  appeals  from  decisions  of  the  registrar  of  ^ppeaiL^ 
motor  vehicles  pending  before  the  department  of  pubHc 
works  under  the  provisions  of  section  forty-seven  of  chapter 
ninety  of  the  General  Laws,  as  in  effect  immediately  prior 
to  the  effective  date  of  this  act,  if  undetermined  on  said 
effective  date,  shall  be  transferred  to  the  Massachusetts 
aeronautics  commission  which  shall  have  the  power,  after 
hearing,  to  order  the  ruling  or  decision  appealed  from  af- 
firmed, modified  or  annulled. 

Any  person  having  a  right  of  appeal  to  said  department 
on  said  effective  date  shall  enter  said  appeal,  if  at  all,  with 
said  commission  and  may  prosecute  the  same  before  said 
commission,  which  shall  have  the  same  powers  with  respect 
to  said  appeal  as  if  it  had  been  transferred  to  said  commis- 
sion under  this  section. 

Section  5.  Rules  and  regulations  in  force  under  authority  Present  rules, 
of  any  provision  of  said  sections  thirty-five  to  forty-eight,  t/nue*rnToTce. 
inclusive,  as  in  force  immediately  prior  to  the  effective  date 
of  this  act  shall  continue  in  full  force  and  effect  until  the 
promulgation  of  rules  and  regulations  issued  under  authority 
of  sections  thirty-five  to  fifty-two,  inclusive,  of  chapter  ninety 
of  the  General  Laws,  as  appearing  in  section  three  of  this 
act. 

Section  6.     The  unpaid  advisory  board  of  aeronautical  Tboffshed"^'^*^ 
experts  in  the  department  of  public  works,  as  existing  im- 
mediately prior  to  the  effective  date  of  this  act,  is  hereby 
aboUshed.  Approved  July  26,  1939. 


458 


Acts,  1939.  —  Chaps.  394,  395. 


Chap. 394:  An  Act  requiring  the  filing  of  bonds  with  the  commis- 
sioner   OF    corporations    and    taxation    in    certain 

CASES  BY  licensees  TO  SELL  ALCOHOLIC  BEVERAGES  AND 
alcohol  IN  CONNECTION  WITH  THE  PAYMENT  OF  CERTAIN 
EXCISE    TAXES. 


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


Bonds  to 
be  filed. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  twenty-one  of  chapter  one  hundred  and  thirty- 
eight  of  the  General  Laws,  as  most  recently  amended  by 
section  one  of  chapter  three  hundred  and  sixty-seven  of  the 
acts  of  the  current  year,  is  hereby  further  amended  by  add- 
ing at  the  end  the  following  new  paragraph:  — 

In  addition  to  any  other  bond  required  by  this  chapter, 
any  licensee  subject  to  this  section  shall  file  with  the  com- 
missioner, if  so  required  by  him  at  any  time,  a  bond,  run- 
ning to  the  commonwealth  for  the  term  of  the  license  or 
the  balance  thereof,  in  a  penal  sum  determined,  and  in  a 
form  approved,  by  the  commissioner,  executed  by  the  li- 
censee as  principal  and  by  a  surety  company  authorized  to 
do  business  in  the  commonwealth  as  surety,  and  conditioned 
upon  the  payment  of  the  excise  imposed  by  this  section  upon 
such  hcensee.  The  penal  sum  so  determined  shall  not  ex- 
ceed an  amount  which,  when  added  to  the  amount  of  any 
bond  or  bonds  of  such  licensee  running  to  the  commonwealth 
under  this  section  and  section  seventy  for  the  term  of  the 
hcense  or  balance  thereof,  will  equal  the  average  monthly 
amount  of  excise  for  which  liability  is  incurred  by  such 
hcensee  under  this  section  during  the  period  of  six  months 
next  prior  to  the  date  of  determination,  or  during  such  lesser 
period  as  the  hcensee  shall  have  been  subject  to  hability  for 
the  excise  imposed  hereunder.        Approved  July  27,  1939. 


Chap.S95 


Emergency 
preamble. 


0.  L.  (Ter. 
Ed.),  175, 
§§  177A  to 
177D,  inserted. 


Penalty  for 
acting  as  in- 
surance ad- 
viser, etc.,  if 
not  licensed. 


An  Act  to  define  and  to  provide  for  the  licensing 
OF  insurance  advisers,  so  called. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-five  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
one  hundred  and  seventy-seven,  as  appearing  in  the  Ter- 
centenary Edition,  the  four  following  new  sections  under  the 
heading  insurance  advisers:  —  Section  177 A.  Whoever, 
not  being  an  officer  or  a  regular  salaried  employee  of  any 
company  and  acting  for  such  company,  or  not  being  duly 
hcensed  as  an  insurance  broker  or  not  being  duly  Hcensed 
as  an  insurance  agent  and  acting  for  any  company  of  which 
he  is  such  an  agent,  or  not  being  a  duly  authorized  attorney- 


Acts,  1939.  —  Chap.  395.  459 

at-law  or  a  certified  public  accountant  acting  within  the 
course  or  scope  of  his  profession  or  business,  for  a  fee  re- 
ceived or  to  be  received,  offers  to  examine,  or  examines  or 
aids  in  examining  any  poHcy  of  insurance  or  any  annuity 
or  pure  endowment  contract  for  the  purpose  of  giving,  or 
gives  or  offers  to  give,  any  advice,  counsel^  recommendation 
or  information  in  respect  to  the  terms,  conditions,  benefits, 
coverage  or  premium  of  any  such  poHcy  or  contract,  or  in 
respect  to  the  expediency  or  advisabihty  of  altering,  chang- 
ing, exchanging,  converting,  replacing,  surrendering,  contin- 
uing, renewing  or  rejecting  any  such  poUcy  or  contract, 
or  of  accepting  or  procuring  any  such  poHcy  or  con- 
tract from  any  company,  or  whoever,  in  or  on  advertise- 
ments, cards,  signs,  circulars  or  letterheads,  or  elsewhere,  or 
in  any  other  way  or  manner  by  which  pubhc  announcements 
are  made,  uses  the  title  "insurance  adviser",  "insurance 
specialist",  "insurance  counselor",  "insurance  analyst", 
" poHcy holders'  adviser",  " poHcyholders'  counselor",  or  any 
other  similar  title,  or  any  title,  word  or  combination  of 
words  indicating  that  he  gives,  or  is  engaged  in  the  business 
of  giving,  advice,  counsel,  recommendation  or  information 
to  holders  of  policies  of  insurance  or  annuity  or  pure  en- 
dowment contracts,  shall  be  deemed  an  insurance  adviser. 

Section  177 B.  The  commissioner  may,  upon  payment  of  ^^^^^tobe 
the  fee  prescribed  by  section  fourteen,  issue  to  any  suitable  licensed, 
resident  of  the  commonwealth  of  full  age  a  hcense  to  act  as 
an  insurance  adviser.  The  applicant  for  the  hcense  shall 
file  with  the  commissioner  a  written  application  complying 
with  the  pertinent  provisions  of  section  one  hundred  and 
sixty-six,  which  shall  be  executed  on  oath  by  the  applicant, 
and  kept  on  file  by  the  commissioner.  If  the  commissioner 
is  satisfied  that  the  applicant  is  trustworthy  and  competent 
he  shall  issue  the  hcense,  which  shall  expire  in  one  year 
from  its  date,  unless  sooner  revoked  or  suspended  as  pro- 
vided herein.  The  hcense  may,  in  the  discretion  of  the  com- 
missioner and  upon  the  payment  of  the  fee  prescribed  by 
section  fourteen,  be  renewed  for  any  succeeding  year  without 
requiring  anew  the  detailed  information  specified  by  section 
one  hundred  and  sixty-six.  The  commissioner  may  at  any 
time,  for  cause  shown  and  after  a  hearing,  due  notice  whereof 
has  been  given,  revoke  the  license  or  suspend  it  for  a  period 
not  exceeding  the  unexpired  term  thereof,  and  may,  for 
cause  shown  and  after  a  hearing,  due  notice  whereof  has 
been  given,  revoke  the  hcense  while  so  suspended,  and  shall 
notify  the  hcensee  in  writing  of  such  revocation  or  suspen- 
sion, and  may  publish  a  notice  of  such  revocation  or  sus- 
pension in  such  manner  as  he  may  deem  necessary  for  the 
protection  of  the  public.  Whoever  acts  as  an  insurance  ad- 
viser, as  defined  in  section  one  hundred  and  seventy-seven  A, 
without  such  license  or  during  a  suspension  of  his  license, 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars  or  by  imprisonment  for  not  more 
than  six  months,  or  both. 


460 


Acts,  1939.  —  Chap.  395. 


Contracts, 
etc.,  with 
adviser  to  be 
in  writing, 
etc. 


Receipt. 


G.  L.  (Ter. 
Ed.),  17.5,  §  14 
amended. 


The  license  described  in  this  section  may  be  issued  to  a 
voluntary  association,  a  partnership  or  a  corporation,  as  pro- 
vided in,  and  subject  to,  sections  one  hundred  and  seventy- 
two  A,  one  hundred  and  seventy-three  and  one  hundred  and 
seventy-four,  respectively. 

The  commissioner  may  at  any  time  require  such  infor- 
mation as  he  deems  necessary  in  respect  to  the  business 
methods,  policies  and  transactions  of  a  person,  association, 
firm  or  corporation,  or  any  member  of  an  association  or  firm, 
or  any  officer  of  a  corporation,  licensed  under  this  section. 
Whoever  fails  or  refuses  to  furnish  the  commissioner  any 
such  information  within  ten  days  after  receiving  a  written 
request  therefor,  and  in  such  form  as  he  may  require,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars;  provided,  that,  if  a  corporation  so 
fails  or  refuses,  the  officer  or  officers  whose  duty  it  is  to  fur- 
nish such  information  upon  such  request  shall  each  be  so 
punished,  in  addition. 

Sections  one  hundred  and  seventy-four  A  and  one  hun- 
dred and  seventy-four  B  shall,  so  far  as  applicable,  apply  to 
every  hcense  issued  under  this  section. 

Section  177C.  No  contract  or  agreement  of  the  type  re- 
ferred to  in  section  one  hundred  and  seventy-seven  A  with 
an  insurance  adviser  shall  be  enforceable  by  him  unless  it 
is  in  writing,  and  executed  personally  in  duplicate  by  the 
person  to  be  charged  or  by  his  legal  representative,  nor 
unless  one  of  said  duphcates  is  dehvered  to,  or  retained  by, 
such  person  when  it  is  signed  by  him,  nor  unless  it  plainly 
specifies  the  amount  of  the  fee  paid  or  payable  by  such  per- 
son and  the  services  to  be  rendered  by  such  insurance 
adviser,  nor  unless  it  is  in  a  form  currently  approved  by  the 
commissioner. 

Section  177 D.  An  insurance  adviser  who  furnishes  any 
advice  or  counsel  as  such  adviser,  makes  any  recommenda- 
tion or  gives  any  information  except  under  the  terms  of  a 
previously  executed  written  contract  conforming  to  the 
preceding  section  and  in  full  force  and  effect  shall  there- 
upon, in  every  case,  give  to  the  recipient  thereof  a  state- 
ment in  writing,  signed  by  him,  in  a  form  currently  approved 
by  the  commissioner,  specifying  the  advice,  counsel,  recom- 
mendation or  information  given,  and  a  receipt,  in  a  form 
currently  approved  by  the  commissioner,  for  the  fee  paid 
to  him,  or  a  statement,  in  a  form  currently  approved  by  the 
commissioner,  of  the  fee  to  be  received  by  him  therefor. 
Whoever  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars. 

Section  2.  Section  fourteen  of  said  chapter  one  hundred 
and  seventy-five,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "dollars"  in  the  twenty-ninth  line 
the  words :  —  ;  for  each  hcense  or  renewal  thereof  to  an 
insurance  adviser  under  section  one  hundred  and  seventy- 
seven   B,    twenty-five    dollars,  —  by   striking   out,    in   the 


Acts,  1939.  —  Chap.  395.  461 

thirty-fourth  line,  the  word  "or"  and  inserting  in  place 
thereof  a  comma,  —  and  by  inserting  after  the  word 
"seventy-two"  in  the  thirty-fifth  line  the  words:  —  or  one 
hundred  and  seventy-seven  B,  —  so  as  to  read  as  follows:  — 
Section  14-  He  shall  collect  and  pay  to  the  commonwealth  Collection  of 
charges  and  fees  as  follows :  for  each  examination  prior  to  fee*'^^**  *° 
granting  a  license  or  a  certificate  of  authority  to  issue  policies 
of  insurance  or  annuity  or  pure  endowment  contracts  as  pro- 
vided in  sections  four  and  thirty-two,  fifty  dollars;  for  the 
valuation  of  life  policies  of  a  domestic  company  as  provided 
in  section  nine,  two  and  one  half  mills  for  each  thousand 
dollars  of  insurance;  for  each  certificate  issued  under  sec- 
tion sixteen,  two  dollars,  provided  that  such  certificates  shall 
be  issued  without  charge  for  the  use  of  the  commonwealth; 
for  each  certificate  under  section  thirty-two,  two  dollars; 
for  each  special  license  under  clause  (g)  of  section  fifty- 
one  or  of  section  fifty-four,  ten  dollars;  for  each  certificate 
issued  by  the  commissioner  under  section  seventy  or  seventy- 
one,  two  dollars;  for  filing  copy  of  charter  or  deed  of  settle- 
ment of  each  foreign  company  under  section  one  hundred 
and  fifty-one,  thirty  dollars;  for  filing  financial  statement 
with  the  application  for  admission  of  a  foreign  company 
under  said  section  one  hundred  and  fifty-one,  and  for  the 
fihng  of  each  annual  statement  by  a  foreign  company  under 
section  twenty-five,  twenty  dollars;  for  each  service  of 
lawful  process  upon  him  as  attorney  for  a  foreign  company 
under  section  one  hundred  and  fifty-one  and  section  one 
hundred  and  fifty-four,  two  dollars;  provided,  that  such 
fee  shall  not  be  required  for  the  service  of  process  in  any 
criminal  proceeding;  for  each  license  or  renewal  thereof  to 
an  insurance  agent  of  any  company  under  section  one  hun- 
dred and  sixty-three,  two  dollars;  for  each  license  or  renewal 
thereof  to  an  insurance  broker  under  section  one  hundred 
and  sixty-six,  twenty-five  dollars;  for  each  license  or  re- 
newal thereof  to  a  special  insurance  broker  under  section 
one  hundred  and  sixty-eight,  twenty-five  dollars;  for  each 
license  or  renewal  thereof  to  an  adjuster  of  fire  losses  under 
section  one  hundred  and  seventy-two,  ten  dollars;  for  each 
license  or  renewal  thereof  to  an  insurance  adviser  under 
section  one  hundred  and  seventy-seven  B,  twenty-five  dol- 
lars; for  each  license  or  renewal  thereof  to  a  voluntary 
association  under  section  one  hundred  and  seventy-two  A, 
to  a  partnership  under  section  one  hundred  and  seventy-three 
or  to  a  corporation  under  section  one  hundred  and  seventy- 
four,  the  fees  hereinbefore  prescribed  for  like  licenses  issued 
to  individuals  under  said  section  one  hundred  and  sixty- 
three,  one  hundred  and  sixty-six,  one  hundred  and  sixtj^- 
eight,  one  hundred  and  seventy-two  or  one  hundred  and 
seventy-seven  B,  for  each  trustee,  partner  or  officer  to  be 
covered  by  the  license;  provided,  that  the  fee  to  be  collected 
for  an  insurance  broker's  license  issued  under  said  section 
one  hundred  and  seventy-three  to  a  partnership  composed 
entirely  of  residents  of  other  states  of  the  United  States 


462 


Acts,  1939.  —  Chap.  395. 


G.  L.  (Ter. 
Ed.),  175,  §  16, 
amended. 


Certificates 
for  use  in 
court. 


G.  L.  (Ter. 
Ed.),  175, 
§  181,  etc., 
amended. 


Misrepre- 
sentations 
to  insured, 
penalty  for. 


eligible  therefor  under  said  section  one  hundred  and  sixty- 
six,  and  covering  all  the  partners,  shall  be  twenty-five 
dollars  and  that  the  aggregate  fees  to  be  collected  for  such 
a  license  issued  as  aforesaid  to  any  other  partnership  shall 
not  exceed  one  hundred  dollars;  for  each  certificate  of  the 
valuation  of  the  policies  of  any  life  company  and  for  each 
certificate  of  the  examination,  condition  or  qualification  of 
a  company,  two  dollars;  for  each  copy  of  any  paper  on  file 
in  the  office  of  the  commissioner,  twenty  cents  a  page  and 
for  copies  of  tabulations,  forty  cents  a  page  and  two  dollars 
for  certifying  the  same;  and  all  other  fees  and  charges  due 
the  commonwealth  for  any  official  act  or  service  of  the 
commissioner. 

Section  3.  Section  sixteen  of  said  chapter  one  hundred 
and  seventy-five,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "losses"  in  the  seventh  fine  the 
words :  —  ,  or  an  insurance  adviser,  —  so  that  the  second 
paragraph  will  read  as  follows :  — 

He  shall  furnish,  upon  payment  of  the  fee  prescribed  by 
section  fourteen,  when  required  for  evidence  in  court,  cer- 
tificates, under  seal  of  the  division  of  insurance,  relative  to 
the  authority  of  an  insurance  agent,  broker  or  company, 
or  an  adjuster  of  fire  losses,  or  an  insurance  adviser,  or  a 
fraternal  benefit  society,  to  transact  business  in  the  com- 
monwealth on  any  particular  date  or  for  any  specified  period, 
and  such  certificates  shall  be  received  by  the  courts  in  lieu 
of  the  testimony  of  the  commissioner  or  his  representative. 

Section  4.  Section  one  hundred  and  eighty-one  of  said 
chapter  one  hundred  and  seventy-five,  as  amended  by  chap- 
ter one  hundred  and  sixty  of  the  acts  of  nineteen  hundred 
and  thirty-four,  is  hereby  amended  by  inserting  after  the 
word  "broker",  in  the  second  and  in  the  ninth  fines,  the 
words :  —  or  insurance  adviser,  —  and  by  inserting  after  the 
word  "violates",  in  the  twenty-second  line,  the  words:  — 
any  provision  of,  —  so  as  to  read  as  follows:  —  Section  181. 
No  company,  no  officer  or  agent  thereof  and  no  insurance 
broker  or  insurance  adviser  shall  make,  issue,  circulate  or 
use,  or  cause  or  permit  to  be  made,  issued,  circulated  or 
used,  any  written  or  oral  statement  misrepresenting  the 
terms  of  any  policy  of  insurance  or  any  annuity  or  pure  en- 
dowment contract  issued  or  to  be  issued  by  any  company, 
or  the  benefits  or  privileges  promised  thereunder.  No  com- 
pany, no  officer  or  agent  thereof  and  no  insurance  broker 
or  insurance  adviser  shall  make  to  any  person  insured  under 
any  policy  of  insurance  or  holding  any  annuity  or  pure  en- 
dowment contract  any  written  or  oral  misrepresentation  or 
misleading  representation  in  respect  to  the  terms,  benefits 
or  privileges  of  any  policy  of  insurance  or  any  annuity  or 
pure  endowment  contract,  or  any  written  or  oral  incom- 
plete or  misleading  comparison  of  any  such  policy  or  con- 
tract or  of  any  of  the  terms,  benefits  or  privileges  thereof 
with  any  other  such  policy  or  contract  or  any  of  the  terms, 
benefits  or  privileges  thereof,  in  order  to  induce  or  which 


Acts,  1939.  —  Chap.  396.  463 

tends  to  induce  such  person  to  lapse,  forfeit  or  surrender 
the  policy  issued  to  him  or  the  contract  held  by  him,  or  to 
alter  or  convert  it  into,  or  to  exchange  it  for,  any  other 
such  policy  or  contract.  Whoever  violates  any  provision  of 
this  section  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisonment  for  not  more  than  six 
months. 

Nothing  in  this  section  shall  be  construed  to  affect  any  of 
the  provisions  of  section  one  hundred  and  seventy. 

The  insured  under  any  policy  of  life  or  endowment  insur- 
ance or  the  holder  of  any  annuity  or  pure  endowment  con- 
tract who  was  induced  to  procure  it  by  any  action  in  viola- 
tion of  this  section  by  an  officer  or  agent  of  the  company 
issuing  or  executing  it  may  recover  from  such  company  all 
premiums  paid  on  such  policy  or  contract  less  any  indebted- 
ness to  the  company  thereon  or  secured  thereby  and  less 
any  payments  otherwise  made  by  the  company  thereon,  in 
an  action  brought  within  two  years  after  the  date  of  issue 
thereof.  Approved  July  28,  1939. 


An  Act  relative  to  the  contents  and  posting  of  no- 
tices  OF   CIVIL   SERVICE   EXAMINATIONS. 


Chap.^m 

Emergenc: 
preamble. 

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

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended  ^j  \-  .^J^^- 
by  striking  out  section  eight,  as  amended  by  section  sixteen  §  s.  etc.,' 
of  chapter  two  hundred  and  thirty-eight  of  the  acts  of  the  ''""'"''''''• 
current  year,  and  inserting  in  place  thereof  the  following:  — 
Section  8.     The  director  shall  prepare  notices  of  all  civil  ||°i\'*gervL 
service  examinations  and  send  them  to  the  clerks  of  the  sev-  examinations. 
eral  cities  and  towns,  who  shall  cause  the  same  to  be  posted 
in  the  city  and  town  halls  and  in  other  conspicuous  places 
at  least  three  weeks  prior  to  the  final  date  for  filing  apphca- 
tions  therefor.     There  shall  be  posted  not  less  than  five  of 
such  notices  in  every  town,  and  not  less  than  twenty-five 
in  every  city,  including  one  in  each  ward.     The  director 
shall  cause  copies  of  such  notices  to  be  posted  at  similar 
times  in  a  conspicuous  place  at  the  office  of  the  division. 

Notices  of  examinations  shall  state  the  duties  and  pay  of 
positions,  the  class  or  title,  qualifications  required  therefor, 
time,  place  and  manner  of  making  application  for  admission 
to  the  examination,  passing  requirements,  entrance  require- 
ments, if  any,  and  any  other  information  which  the  director 
considers  pertinent  and  useful.       Approved  July  28,  1939. 


464  Acts,,  1939.  —  Chaps.  397,  398,  399. 


Chap. 397  An  Act  providing  for  the  sending  to  members  of  the 

GENERAL  COURT  OF  COPIES  OF  CHANGES  IN  THE  CIVIL 
SERVICE   RULES. 

^rTambi"'^^  ^^heretts,    The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 

EdV  si'^It  Chapter  thirty-one  of  the  General  Laws  is  hereby  amended 

amended.  '  by  Striking  out  section  seven,  as  appearing  in  the  Tercen- 
tenary Edition,  and  inserting  in  place  thereof  the  follow- 
change^s^in  j^g  I  —  Sectiou  7.  Changes  in  the  rules,  when  approved, 
shall  be  printed  forthwith  for  distribution,  and  a  certified 
copy  thereof  sent  to  the  mayor  of  each  city  and  the  select- 
men of  each  town  to  which  such  changes  relate,  and  to  each 
member  of  the  general  court,  and  shall  be  published  in  one 
or  more  newspapers.  Such  publication  shall  specify  the 
date  when  such  changes  shall  take  effect,  which  shall  be  not 
less  than  sixty  days  subsequent  to  the  date  of  publication. 

Approved  July  28,  1939. 

Chap. S98  An  Act  extending   further  the   duration  of  a   law 

PROVIDING  FOR  THE  TRIAL  OR  DISPOSITION  OF  CERTAIN 
CRIMINAL  CASES  BY  DISTRICT  COURT  JUDGES  SITTING  IN 
THE   SUPERIOR   COURT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  sixty-nine  of  the  acts  of  nine- 
teen hundred  and  twenty-three,  as  most  recently  amended 
by  chapter  three  hundred  and  fifty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  is  hereby  further  amended 
by  striking  out  section  five  and  inserting  in  place  thereof  the 
following :  —  Section  5.  This  act  shall  not  be  operative  after 
December  thirty-first,  nineteen  hundred  and  forty-one. 

Approved  July  28,  1939. 

C/iap. 399  An  Act  dissolving  certain  corporations. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

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

an  emergency  law,  necessary  for  the  immediate  preservation 

of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

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

A.  Annino  Co.,  A.  C.  Allyn  and  Company  of  New  England, 
Inc.,  A.  Feldman  Company,  A.  G.  C.  Provision  Co.,  Inc., 


Acts,  1939.  —  Chap.  399.  465 

A.  H.  Jenkins  &  Son,  Inc.,  A.  P.  Bateman  &  Son,  Inc., 
Acme  Wood  Heel  Co.,  Adam  W.  Ostrowski,  Inc.,  Ajax 
Realty  Corporation,  Albany  Plating  Works,  Incorporated, 
The,  Albrow  Shoe  Company,  Alexander's  Fashion  Shop,  Inc., 
Allan  Motors,  Inc.,  Allston  Awning  Co.,  Incorporated,  Amer- 
ican Business  Exchange,  Inc.,  American  Chemical  Company, 
Inc.,  American  Ski  School,  Inc.,  The,  Amoroso  Motors,  Inc., 
Anasim  Realty  Corporation,  Andrews  Lead  Company,  Inc. 
of  Massachusetts,  The,  Arcadia  Cabins,  Inc.,  Arnold-Irons, 
Inc.,  Arrow  Armatures  Co.,  Arthur  H.  Chandler  Inc.,  Arthur 
McArthur  Company,  Arthur  St.  Louis  House  Furnishings 
Inc.,  Atlantic  Coast  Aquatic  Corporation,  Atlantic  Investors 
Sales  Corporation,  Atlantic  Loan  Co.  Inc.,  Atlas  Produce 
Corporation,  Attlast  Company  Inc.,  Aubrey  W.  Mann  Co., 
Avery  &  Clinkard  Co. 

B  &  D  Realty  Corporation,  The,  B.  C.  G.  Sales 
Company,  Bakers  Cooperative  Association,  Bankers  Ware- 
house Company,  Banks  Sales  Co.,  Inc.,  Barnstormers, 
Inc.,  The,  Barone  Brothers,  Inc.,  Bartex  Corporation, 
Bates  &  Company,  Inc.,  Batson  Motor  Car  Co.,  Bay 
State  Broadcasting  Corporation,  Bay  State  Cutting  Die  Co., 
Beaver  Falls  Bees,  Inc.,  Bellaroma,  Inc.,  Belmont  Centre 
Super-Service  Station,  Inc.,  Berkshire  Brewing  Association, 
Incorporated,  The.  Bert  Wilhams  Memorial,  Inc.,  Berube 
Baking  Company,  Best  Grocers,  Inc.,  Betty  Gibson,  Inc., 
Beverage  Flavors  &  Extracts  Inc.,  Beverly  Leather  Co., 
Bigelow,  Kennard  and  Company,  Inc.,  Blasco  Shoes  Incor- 
porated, Blue  Seal  Realty  Corporation,  Blue  Way,  Inc., 
Boat  Ariel,  Inc.,  Boston  Beverage  Co.,  Inc.,  Boston-Buffalo 
Express,  Inc.,  Boston  Fruit  Company,  Boston  International 
Terminals  Corporation,  Boston  Marine  Associates,  Inc., 
Boston  Motor  Truck  Company,  Boston-Readville  Racing 
Association,  Inc.,  Boston  Restaurant  Company,  Boston 
You  Drivit  Inc.,  Bove  Wines,  Inc.,  Bowker  Real  Estate 
Company,  Bowlby  Press,  Inc.,  The,  Boyd  and  Turcotte,  Inc., 
Bradburry  Clothing  Company,  Brady  Beef  &  Provision, 
Inc.,  Braintree  Realty  Corporation,  Breckenridge,  Inc., 
Bresler  Shoe  Co.,  Bridge  Cafe,  Incorporated  of  Marshfield, 
Brighton  Plumbing  Co.,  Inc.,  Brockton  Bowling  and  Billiard 
Parlors,  Inc.,  Brockton  Investment  Association  Inc.,  Brook- 
line  Painters  &  Decorators,  Inc.,  Brookline  Rex  Grill,  Inc., 
Brown  Box  Toe  Co.,  Inc.,  Brown  Motor  Sales  Company, 
Brueck  Delicatessen,  Inc.,  Budget  Markets,  Inc.,  Busfield 
Oil  Company,  Inc.,  Butler  Equipment  Co.  inc. 

C.  L.  Stevens  Company,  C.  T.  Sherer  Company,  C.  Tracy 
Ryan,  Inc.,  Cab  Parts  &  Service  Corporation,  Cameron  Ice 
Cream  Company,  Campbell  Cod  Liver  Oil  Co.,  Campello 
Sales,  Inc.,  Cape  Chevrolet,  Incorporated,  Cape  Cod  Ship- 
building Corporation,  Cape  Cod  Specialty  Co.,  Cape  Cod 
Theatres  Inc.,  Cape  Cod  Toll  House,  Inc.,  Capito! 
Chemical  Co.,  Carrig-Rohane  Shop,  Incorporated,  Carrigan 
Construction  Co.,  Incorporated,  Carter  Paper  Co.,  The 
(1932),  Caswell,  Inc.,  Cavedon  Spinning  Company,  Central 


466  Acts,  1939.  —  Chap.  399. 

Delicatessen  and  Lunch,  Inc.,  Centre  Street  Garage,  Inc., 
Chadwick  &  Carr  Company,  Chair  City  Upholstering  Com- 
pany, Inc.,  Chandler  Funeral  Home,  Inc.,  Charles  H.  Stone 
Company,  Charlotte  Phillips  Shop,  Inc.,  Chelsea  Motors, 
Inc.,  Chretien  &  Son,  Inc.,  Christie  Bros.  Inc.,  Cimarrones 
Fruit  Company,  Cinder  Concrete  Units  Inc.,  City  Hall 
Hardware,  Inc.,  City  Square  Hardware  Company,  Clark- 
Magranis,  Inc.,  Cleale  Hardwood  Co.,  Cleale  Lumber  Co., 
Chnton  Clothing  Company,  Cobb's  Market,  Inc.,  Worcester, 
Colburn  Industries,  Inc.,  Colella  and  Leighton  Shoe  Com- 
pany, Columbia  Motor  Sales,  Inc.,  Columbia  Transporta- 
tion Co.,  Inc.,  Commercials,  Inc.,  Commonwealth  Alcorn 
Company,  The,  Concord  Oil  Company,  Incorporated,  Con- 
cord Realty  Company,  Inc.,  Concord  Theatre  Operating 
Company,  Inc.,  Consolidated  Chain  Stores  Corporation, 
Consolidated  Realty  Corp.,  Consumers'  Cooperative  Society 
of  Newton  Inc.,  The,  Converse  Sales  Corporation,  Cooper  & 
Co.,  Inc.,  Corbin-Holmes  Shoe  Co.,  Corbin's  Pharmacy  Inc., 
County  Liquor  Co.,  Court  Finance  Company,  Craig-Mus- 
grove,  Inc.,  Crompton  Automotive  and  Machine  Service, 
Inc.,  Cronig  Bros.  Incorporated,  Crown  Film  Corporation, 
Crystal  Concrete  Corporation,  Cullen  Biscuits,  Inc.,  Cup 
and  Saucer  Lunch,  Inc.,  Curtain  &  Draperies  Shop,  Inc. 

D.  &  L.  Finance  Co.,  Inc.,  Dakin's  Market  Inc.  Webster, 
D'Amico  Inc.,  Dana  Hall  School,  Darcy's  Pies  Incorporated, 
David's,  Inc.  of  New  Bedford,  deLacy  and  Murray,  Incor- 
porated, Dearden  &  Company,  Inc.,  Dello  Russo  &  Ferullo, 
Inc.,  Depot  Cafe,  Inc.,  The,  DiSilva  Transportation,  Inc., 
Dighton  Furnace  Company,  Dine  Shoe  Company,  Distasi 
Leather,  Inc.,  Ditson  Distributors,  Inc.,  Dixie  Dress  Shops, 
Inc.,  Dr.  Heberle's  Private  Sanitarium,  Inc.,  Dorothy  Har- 
graves.  Inc.,  Dover  Smoker  Lunch,  Inc.,  Dover  Smoker  of 
Boston,  Inc.,  Dreicorn  Paint  Company,  Inc.,  Duchess  San- 
dal Company,  Durand's,  Inc.,  Durgin's  Jewelry  &  Optical 
Store  Inc. 

E.  F.  Benson  Inc.,  E.  F.  Dodge  Paper  Box  Company, 
'     E.    F.    Walsh   Co.,    E.    J.    Feeley,    Inc.,    E.    L.    Fisher    & 

Co.  Inc.,  Eagle  Mercantile  Co.,  Inc.,  East  Boston  Finance 
Corporation,  East  Boston  Poultry  Co.,  Inc.,  Eastern  Bis- 
cuits, Inc.,  Eastern  Golf  Pubhshing  Co.,  Eastern  Restaurant 
Equipment  Co.,  Eastern  States  Engineering  Corporation, 
Economy  Transportation  Co.,  Edwin  H.  Moulton  Company, 
Elm  Cafeteria,  Inc.,  Elwood  Chevrolet  Co.  Incorporated, 
Empire  Beef  Corporation,  Empire  Trucking  Company  Inc., 
Erie  Bees,  Inc.,  Ernest  W.  Gross,  Inc. 

F.  W.  Barry,  Beale  &  Co.,  Inc.,  F.  W.  Dunbar  &  Co.,  (Inc.), 
Fairbanks  Family  Sweets,  Inc.,  Fall  River  Morris  Plan  Com- 
pany, Fashion  Wood  Heel  Co.,  Federal  Home  AppHances 
Inc.,  Federal  Optical  Company,  Femco  Shoe,  Inc.,  Fiber 
Products,  Inc.,  Fidler's  Apparel,  Inc.,  Fielding  Pike  &  Com- 
pany, Inc.,  Fields  Corner  Cut  Rate,  Inc.,  Fire  Protection 
Securities  Company,  Five  Dollar  Eyeglasses  Inc.,  Fleming 
Manufacturing  Co.  Inc.,  Foot  Health  Center,  Inc.,  Foote 


Acts,  1939.  —  Chap.  399.  467 

Brothers  Incorporated,  Fort  Hill  Realty  Company,  Foss- 
Goodwin,  Inc.,  Frank  and  Larry's  Inc.,  Frank  M.  Whiting 
and  Company,  Inc.,  Frank  Mossberg  Corporation,  Franklin 
Hotel,  Inc.,  Fred  C.  Hald,  Inc.,  Fred  Johnson,  Inc.,  Fred-al 
Trading  Corp.,  Freeport  Tavern,  Inc.,  Fresh  Pond  Oil  Co. 
Inc.,  Fu  Manchu,  Inc.,  Funding  Corporation,  The. 

Gardner  Motor  Sales  Co.,  General  Carton  Corporation, 
General  Health  Foods,  Inc.,  General  StapHng  Machine  Com- 
pany, General  Terminal  &  Transportation  Co.,  Inc.,  George 
E.  Adams,  Inc.,  George  F.  McDuffee  Co.,  Geo.  H.  Gilbert 
Spinning  Co.,  George  R.  Burns,  Inc.,  George  V.  Ross,  Inc., 
Glenwood  Couch  Company,  Globe  Optical  Company,  Goguen 
&  Sullivan  Incorporated,  Gold  Brand  Confectionery,  Inc., 
Gold  Street  Realty  Corporation,  Goldwasser's,  Inc.,  Good 
Drug  Co.,  The,  Goodrich  Oil  Products  Company,  Inc., 
Granite  Street  Market,  Inc.,  Gray  Radio  &  Television  Sys- 
tem, Inc.,  Gray  Rock  Granite  Co.,  Inc. 

H  &  L  Transportation  Corp.,  The,  H.  L.  Hauser 
Building  Co.  Inc.,  H.  N.  Marshall  &  Son,  Inc.,  H.  R. 
Burgess  &  Co.,  Inc.,  Hal-Welt,  Inc.,  Hale's  Oil  Company, 
Inc.,  Happy  Hour  Cafe,  Inc.,  Harbor  Knitting  Mills,  Inc., 
Harden  Music  Co.,  Inc.,  Harding  Uniform  &  Regaha 
Company,  The  (1904),  Harland,  Inc.,  Hartford  Building 
Maintenance  Co.,  Hartley  B.  Gardner,  Inc.,  Hartwell 
Pond,  Inc.,  Haverhill  Colonial  Garage,  Inc.,  Hazelton 
Investment  Association,  Inc.,  Helene's  Shoe  Shoppe,  Inc., 
Helen's  Dress  Shoppe,  Inc.,  Henry  J.  Moulton  Inc.,  Herb-Ed 
Inc.,  Hillacres,  Inc.,  Hittleman  Goldenrod  Brewery,  Inc., 
Holyoke  and  High  St.  Window  Cleaning  Co.  Inc.,  The, 
Holyoke  News  Co.,  Inc.,  Home  Construction  Company, 
Home  Mortgage  Company,  Horrigan's  Market,  Inc.  (19.37), 
Horte  Chemical  Company,  Inc.,  Hotel  Pleasant,  Inc.,  Howe 
Comb  Company,  The,  Hub  Clothing  and  Sportwear  Mfg. 
Company,  Hub  Shoe  Styhsts,  Inc.,  Hudson  Manufacturing 
Corporation,  Hughes  Supply  Co.,  Inc.,  Huntington  Trust, 
Inc.,  Hutchinson  Leather  Machine  Inc. 

I.  H.  Bogart  &  Son,  Inc.,  Independent  Chemical  Corpora- 
tion, The,  Index,  Incorporated,  Industrial  Brush,  Inc.,  In- 
sulations, Inc.,  Intaglio  Process  Co.,  Interior  Building  Finish 
Company,  Inc.,  International  Automatic  Couphng,  Inc.,  In- 
ternational Ship  Suppliers,  Inc. 

J.  A.  Coughlan  Company,  J.  A.  Moran  Inc.,  J  &  S  Auto 
Service  Inc.,  J.  B.  Quigley,  Inc.,  J.  C.  McLean  &  Son  Co., 
J.  E.  Russo's  Inc.,  J.  M.  Walker  &  Son,  Inc.,  J.  N.  Gibbs 
Co.  Inc.,  Jacob  Fisher  and  Son  Inc.,  Jacob  Silbovitz,  Inc., 
James  M.  Baird,  Inc.,  James  Rubber  Company,  James  Shoe 
Manufacturing  Co.,  Inc.,  Jason  Realty  Corporation,  Jason's 
Inc.,  Jewelite  Manufacturing  Company,  John  Brady,  Inc., 
John  Less  Co.  Inc.,  Jordan  and  More  Press,  The,  Joseph's, 
Inc. 

Kal-Go  Garment  Corp.,  Katz  Beef  Co.,  Inc.,  Keith  &  Co. 
Inc.,  Keith  Storage  Company,  Kelley  Lumber  Company, 
Inc.,  Kenmore  Memorial  Hospital,  Inc.,  Kerwins  Depart- 


468  Acts,  1939.  —  Chap.  399. 

ment  Store,  Inc.,  Kirschbamn  Bros.,  Inc.,  Kladky  &  Stern, 
Inc.,  Kleen  Products  Inc.,  Koehler  Corporation,  The,  Koral 
Manufacturing  Company,  The. 

L  and  L  Transportation  Company,  Inc.,  L.  S.  P.  Corpora- 
tion, Land  Investment  Corporation,  Larsen's  Garage,  Inc., 
Laundry  Research  Distributing  Company,  Lawrence  Sterling 
Store,  Inc.,  Lawrence's  Tavern,  Inc.,  Lead  Burning,  Inc., 
Leominster  Mills,  Inc.,  Lincoln  Boylston  Corporation,  Lin- 
coln Grill,  Inc.,  Lindblom  Laundry  Incorporated,  Linden 
Cafe  Inc.,  Linden  Meat  Co.,  Inc.,  Little  Giant  Gold- 
Silver  Mining  Company,  Inc.,  Lloyd's  Garage,  Inc.,  Lloyds 
Shoe  Stores,  Inc.,  Lobster  Pot  of  Chelmsford,  Inc.,  The, 
Log  Cabin  Bakery  Products  Inc.,  Lola  Dress  Corp.,  Louise 
Lambert  Beauty  Shop,  Inc.,  The,  Louise's  Barbecue,  Inc., 
Lubricating  Equipment  Company,  Inc.,  Ludger  Tremblay, 
Inc.,  Lynde,  Sanger  &  Co.  Inc.,  Lynn  Shoe  Company,  Lyon 
Brothers  Corporation,  The. 

M  and  T  Button  Company,  M.  Fitzpatrick  &  Son  Inc., 
M.  J.  Manning  Inc.,  M.  K.  Smith  Corporation,  Mabonico 
Corporation,  Maheu  Jewelry  &  Optical  Co.,  Inc.,  Maiden 
Hand  Laundry,  Inc.,  Manchester  Pines  Corporation,  Man- 
ning &  Mitchell  Inc.,  Mansion  House  Ice  Cream  Company, 
Marchioness  Shoe  Co.,  Inc.,  Marlors,  Inc.,  Marshfield 
Laundry,  Inc.,  The,  Martin  Furniture  Co.,  Massachusetts 
Diesel  Institute,  Inc.,  Mass.  Waste  Material  Company  Inc., 
Mattapan  Wool  Products  Co.,  Inc.,  Mayflower  Cafeteria 
Inc.,  McKenzie  Motors,  Inc.,  McManus  Motors  Inc.,  Med- 
field  Brick  Company,  Medomak  Camp  Inc.,  Mello-Glo- 
Company,  The,  Memorial  Clinic,  Inc.,  Men's  Style  Shop 
Inc.,  Merchants  Profit  Sharing  Stamp  Co.  Inc.,  Merrill  O. 
Luce,  Inc.,  Merrymount  Motor  Co.  Inc.,  Mexican  Pan- 
American  Industries,  Inc.,  Meyer-Catok  Motor  Sales,  Inc., 
Milano  Importing  Co.,  Inc.,  Milton  Motors  and  Garage, 
Inc.,  Mindick  Co.,  Inc.,  The,  Miner's  Fruit  Nectar  Co., 
Mines  Operating  Corporation,  Model  Railway  Associates, 
Inc.,  Mohawk  Tire  Service,  Inc.,  Mollies  Hat  Shoppe  Inc., 
Monroe  Shoe  Company,  Montgomery  Realty  Corporation, 
Morley  Radio  Company,  Motor  Service  Garage,  Inc.,  Motor- 
vessel  "Lexington",  Inc.,  Mt.  Nickel  Sudbury  Company, 
Moynihan  Motor  Company,  Munroe's  Inc.,  Murphy  &  Fries 
Leather  Co.  Inc.,  The. 

N.  H.  Skinner  Company,  Nahant  Land  Company,  Nan- 
tucket Hotels,  Inc.,  National  Chemical  Products  Corpora- 
tion, National  Movers  of  Boston  Inc.,  National  Pants  Stores, 
Inc.,  Natural  Ice  Company,  Natural  Vitamin  Products,  In- 
corporated, Neild  Manufacturing  Corporation,  Nelson  Store 
Fixture  Co.,  New  Boston  Supply  Co.,  Inc.,  New  England 
Capital  Corporation,  New  England  Coil  Service,  Incorpo- 
rated, New  England  Drug  Company,  Inc.,  New  England 
Forwarding  Corp.,  New  England  Gas  and  Electric  Securities 
Company,  Incorporated,  New  England  Merchandise  Mart, 
Inc.,  New  England  Upholstering  Co.,  Inc.,  Newton  Meter 
Company,  Newton  Waste  Paper  Co.  Inc.,  Newton  Whole- 


Acts,  1939.  —  Chap.  399.  469 

sale  Automotive  Corporation,  Inc.,  Noanet  Manufacturing 
Company,  Inc.,  Nonantum  Dry  Cleaners,  Inc.,  Nonotuck 
Hotel  Co.,  Inc.,  Nordblom  Insurance  Service  Inc.,  Norfolk 
Mortgage  Co.,  Inc.,  North  Shore  Electric  Equipment  Co., 
Northampton  Basket  &  Box  Company,  Inc.,  Northampton 
Buick,  Inc.,  Novelty  Comb  Company,  Nulman's  Men's 
Shop,  Inc. 

Ocean  Cafeteria,  Inc.,  Ohlson  &  Sexton,  Incorporated,  Oil 
Service  Corporation,  Old  Colony  Apphance  Corporation,  Old 
Colony  Asphalt  Concrete  Co.,  Olympia  Investment  Corpo- 
ration, Organic  Chemicals,  Inc. 

P  &  Q  Shop  of  Lowell,  Mass.,  Inc.,  P.  L.  S.  Corporation, 
P.  Slobodkin  Inc.,  Palmyra  Realty  Company,  Pamella  Lee 
Candies,  Inc.,  Paradise,  Inc.,  The,  Parker  Brothers  Iron 
Company,  Paul  Rose,  Inc.,  Peabody  &  Lamb,  Inc.,  Peerless 
Co.  Inc.  of  Worcester,  The,  Penn's  Codman  Sq.  Candies, 
Inc.,  Perkins  Company,  The,  Perkins  Foundation,  Inc.,  Peter 
A.  Caporale  Co.,  Inc.,  Pheeney  Brothers,  Inc.,  Pierce  Motor 
Company,  Pilgrim  Leather  &  Rubber  Co.,  Pine  Tree  Air- 
ways, Inc.,  Pioneer  Produce  Company,  Pond  Realty,  Inc., 
Poquoy  Farm  Company,  Porter-Bryan  Finance  Co.,  Port- 
land Sea  Foods,  Inc.,  Potvin  Realty  Co.,  Prince-Walter 
Company,  Puritan  Shoe  Company,  Inc. 

Quinton's  Market,  Inc. 

R.  &  F.  Construction  Co.,  R.  &  W.  Corporation,  R.  F. 
Wortham,  Inc.,  R.  J.  Koger  &  Co.,  Incorporated,  R.  McF 
Brown  &  Sons,  Inc.,  R.  Swanson  &  Company  Inc.,  R.  W. 
Thomson  Company,  Inc.,  Radiator  Heating  Company,  Radio 
Television  Industries  Corporation,  Randall  Faichney,  Inc., 
Rapid  Transit  Motor  Line,  Inc.,  Reading  Lyceum  Hall  As- 
sociation, Reading  Supply  Co.,  Inc.,  Red  Mens  Charitable 
Association  of  Worcester,  Red  Wing  Automatic  Oil  Burner 
Company,  Reedmill  Co.,  Inc.,  The,  Retail  Consumers  Asso- 
ciation, inc.,  Rex  Motor  Sales,  Inc.,  Richard  Shoe  Co.,  Inc., 
Ritz  Shoe  Co.  Inc.,  Riverside  Boiler  Works,  Inc.,  Robert  F. 
Hancock,  Inc.,  Robert  H.  Stearns  Furniture  Co.,  Rockland 
Manufacturing  Corporation,  Rogers  Silver  Company,  Roper- 
Simon,  Inc.,  Rothstein  Sons  Co.,  Roxbury  Mattress  Co., 
Roxy  Dress  Shops,  Inc.,  Royal  Woodworking  Co.  Inc.,  Rust 
Master  Company. 

S.  Mantia  &  Co.,  Inc.,  S.  P.  L.  Corporation,  S.  Yuman 
Inc.,  Sampson  &  Murdock  Company,  Sandwich  Publishing 
Company  Inc.,  Sanford  Industries,  Inc.,  The,  Scott  &  Wil- 
liams Compan}'-,  Scott's  Candies  of  Mass.  Inc.,  Sea  Shell, 
Incorporated,  Sea  View,  Incorporated,  Service  Oil  Co.,  Inc., 
Shawmut  Iron  and  Wire  Works,  Inc.,  Shawnee  Amusements, 
Inc.,  Shea  &  Donnelly  Company,  Shields,  Inc.,  Shuster  Com- 
pany, Inc.,  Siegel's  Cut  Price  Stores,  Inc.,  Silver-Brown  Com- 
pany, Silver  Cigar  Company,  Silver  Flow  Petroleum  Prod- 
ucts Co.,  Silver  Shell-Fish  Co.,  Simter  Acceptance  Company, 
Slater  &  Weisman  Inc.,  Smith  and  Lovett  Company,  Snow 
Press,  The,  Solomon  Shoe  Company,  Inc.,  Somerset  Cafe- 
teria,  Inc.,   Somerville  Coal  Company   (1907),   Somerville 


470  Acts,  1939.  —  Chap.  399. 

Sales  and  Service  Inc.,  South  Shore  Laundry,  Inc.,  South 
Shore  Pubhc  Market,  Inc.,  Sparkling  Cleansers  &  Dyers, 
Inc.,  Spic  and  Span  Diner,  Inc.,  Springfield  Mattress  Com- 
pany, Inc.,  Standard  Cone  Co.,  Standard  Market  Inc., 
Standard  Syndicated  Service,  Inc.,  Standard  Upholstering 
Inc.,  State  Street  Realty  Corp.,  State  Street  Research  and 
Management  Corporation,  Stein's  Auto  Exchange,  Inc., 
Stephen  G.  Curley,  Inc.,  Stokes  Pharmacy,  Inc.,  Stone  & 
Lasky  Incorporated,  Stone  Village,  Incorporated,  Stone- 
ham  Footwear  Co.,  Inc.,  Stone's  Inc.,  Storms  &  Boice,  Inc., 
Superior  Products  Company,  Superior  Watch  Supply  Co. 
Inc.,  Sylray  Garment  Co. 

T.  M.  Walker  Company,  Tait  Bros.,  Inc.,  Tanide  Inc., 
Taunton  Coated  Fabric  Works,  Inc.,  Taunton  Oilcloth 
Company,  Tetrault  Inc.,  Thayer  Tanning  Company,  Tims- 
field  Weavers,  Inc.,  Tire  Exchange,  Inc.,  Tom  Wye  Inc., 
Town  Taxi,  Inc.,  Trade  Mark  Title  Company,  Inc.  (Massa- 
chusetts), Trail-0-Way  Corporation,  The,  Trailer  Distribu- 
tors, Inc.,  Trawler  Fordham  Inc.,  Trawler  Jeanne  d'Arc  Inc., 
Trawler  Notre  Dame  Inc.,  Trawler  Villanova  Inc.,  Trimount 
Chemical  Co.,  Inc.,  Tropical  Transportation  Company, 
Twentieth  Century  Press  Inc.,  Twenty-Two  Franklin  Street 
Corporation. 

Union  Petroleum  Corporation,  Union  Water  Meter  Com- 
pany, United  Barber  Supply  Co.,  Inc.,  United  Leathercraft 
Co.,  Inc. 

Vana  Laboratories,  Inc.,  Vernon  Inn,  Incorporated,  The, 
Vielya  Brothers,  Inc. 

W.  Fillmore  Company,  W.  L.  Shelby  Shoe  Co.,  W.  R. 
Landers,  Inc.,  Walryn  Shoe  Co.,  Walsh  General  Tire  Co., 
Walter  &  Ward,  Inc.,  Waltham  Public  Market,  Inc.,  Ward 
&  Andre,  Inc.,  Warren  Italian  Agency,  Incorporated,  The, 
Washington  Express  Company,  Watch  City  Lumber  Co., 
Watertown  Nash,  Inc.,  Wellworth  Lunch,  Inc.,  West  Boyl- 
ston  Coal  Company,  Westfield  Water-Power  Company, 
White  Cross  Laundry  Co.,  Whittall  Carpet  Company,  Inc., 
Whittier  Realty  Corporation,  William  J.  Dunn  and  Sons, 
Inc.,  Wilham  McLeod  Inc.,  William  Shoe  Co.,  Inc.,  Win- 
chester Builders  Finish  Co.,  Winter  Brothers  Company, 
Winter  Hill  Sales  &  Service,  Inc.,  Winthrop  Associates,  Inc., 
Witzgall  Press  Incorporated,  Wolff  Brothers  Inc.,  Woodcock 
Cafe  Inc.,  Worcester  Trap  Rock  Company,  World  Outlet 
Corp.,  Wyoming  Realty  Corporation. 

Yankee  Machine  Inc.,  Yellow  Cabs  of  Springfield,  Inc. 


Public  Service  Corporations. 

Massachusetts  Northeastern  Street  Railway  Company. 
Western  Massachusetts  Telegraph  Company. 


Acts,  1939.  —  Chap.  400.  471 


Charitable  and  Others. 

Caryl  Peabody  Nursery  School,  Cunningham  Employees 
Association,  Inc. 

Massachusetts  Dairymen's  Co-operative  Association. 

Palmer  Club,  The,  Portuguese  Association  of  the  Holy 
Ghost,  Incorporated. 

Shedd  Family  Association,  The. 

Women's  Industrial  Association,  of  Roxbury,  Worcester 
Female  Academy,  Proprietors  of  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  dis- 
solved 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  forty  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  accord- 
ance with  the  existing  laws  of  this  commonwealth. 

Section  5.  This  act  shall  take  effect  on  August  first  in 
the  current  year.  Approved  August  2,  1939. 

An  Act  relative  to  deposits  by  insurance  companies  (^fiQj)  400 
with  the  state  treasurer.  '  ■ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  six  of  chapter  one  g.  l.  (Ter. 
hundred  and  seventy-five  of  the  General  Laws,  as  amended  f'Joe.^It^c.. 
by  section  one  of  chapter  one   hundred  and  fifty  of  the  amended. ' 
acts  of  nineteen  hundred  and  thirty-two,  is  hereby  further 
amended  by  inserting  after  the  word  "approve"  in  the  six- 
teenth line  the  following:  —  ,  provided  that  bonds  need  not 
be  accepted  by  the  state  treasurer  unless  in  registered  form 
and  of  denominations  satisfactory  to  him,  —  so  as  to  read 
as  follows:  —  Section  106.     A  foreign  company  of  the  class  Deposit 

required 


472 


Acts,  1939.  —  Chap.  400. 


of  foreign 
companies. 


G.  L.  (Ter. 
Ed.),  175, 
§  155.  etc., 
amended. 


Conditions  of 
admission 
of  foreign 
companies. 


designated  in  the  preceding  section  shall  not  be  admitted  and 
authorized  to  transact  business  in  the  commonwealth  until, 
besides  complying  with  sections  one  hundred  and  fifty-one 
and  one  hundred  and  fifty-five,  it  has  satisfied  the  commis- 
sioner that  it  has  made  a  deposit  with  the  state  treasurer  or 
with  the  proper  board  or  officer  of  some  other  state  of  the 
United  States,  in  exclusive  trust  for  the  benefit  and  security 
of  all  its  policyholders  in  the  United  States  including  obligees 
of  bonds  executed  by  such  company  as  surety,  of  an  amount 
not  less  than  one  hundred  thousand  dollars.  Such  deposit, 
if  made  in  this  commonwealth,  may  be  made  in  the  securities 
and  subject  to  the  Hmitations  specified  in  sections  sixty-three 
and  sixty-six,  or  in  cash  or  in  such  other  securities  as  the 
commissioner  may  approve,  provided  that  bonds  need  not 
be  accepted  by  the  state  treasurer  unless  in  registered  form 
and  of  denominations  satisfactory  to  him,  and  shall  not  be 
returned  to  the  company  until  it  has  ceased  to  transact 
business  in  the  commonwealth  nor  until  the  commissioner  is 
satisfied  that  the  company  is  under  no  obligation  to  such 
policyholders  or  obligees  in  the  commonwealth  or  in  any 
other  state  of  the  United  States  for  whose  benefit  such 
deposit  was  made,  nor  until  he  has  given  his  written  consent 
to  such  return ;  provided,  that  the  commissioner  may,  in  any 
case,  authorize  in  writing  the  return  to  the  company  of  any 
excess  of  any  deposit  made  under  this  section  over  the  amount 
required  thereby,  if  he  is  satisfied  that  such  return  will  not  be 
prejudicial  to  the  interests  of  such  policyholders  or  obligees. 

Section  2.  Clause  First  of  section  one  hundred  and 
fifty-five  of  said  chapter  one  hundred  and  seventy-five,  as 
amended  by  section  two  of  said  chapter  one  hundred  and 
fifty,  is  hereby  further  amended  by  inserting  after  the  word 
"approve"  in  the  twenty-third  fine  the  following: —  ;  pro- 
vided, that  bonds  need  not  be  accepted  by  the  state  treasurer 
unless  in  registered  form  and  of  denominations  satisfactory 
to  him,  —  so  that  said  clause  First  will  read  as  follows :  — 
First,  It  has  satisfied  the  commissioner  that  it  has  made  a 
deposit  with  the  state  treasurer  or  with  the  proper  board 
or  oflacer  of  some  other  state  of  the  United  States,  in  exclu- 
sive trust  for  the  benefit  and  security  of  all  its  policyholders 
and  creditors  in  the  United  States,  of  an  amount  not  less 
than  the  amount  of  capital  required  of  domestic  stock  com- 
panies by  sections  forty-eight  and  fifty-one,  which,  if  so  on 
deposit  in  this  commonwealth,  shall  not  be  returned  to  the 
company,  until  it  has  ceased  to  transact  business  in  the 
commonwealth,  nor  until  the  commissioner  is  satisfied  that 
the  company  is  under  no  obHgation  to  poHcyholders  or  other 
persons  in  this  commonwealth  or  in  any  other  state  of  the 
United  States  for  whose  benefit  such  deposit  was  made,  nor 
until  he  has  given  his  written  consent  to  such  return;  pro- 
vided, that  the  commissioner  may,  in  any  case,  authorize  in 
writing  the  return  to  the  company  of  any  excess  of  any  such 
deposit  over  the  amount  required  by  this  clause,  if  he  is 
satisfied  that  such  return  will  not  be  prejudicial  to  the  inter- 


Acts,  1939.  —  Chap.  401.  473 

ests  of  its  policyholders  or  creditors.  Such  deposit  may  be 
made  in  the  securities  and  subject  to  the  limitations  specified 
in  sections  sixtj^-three  and  sixty-six,  or  in  cash  or  such  other 
securities  as  the  commissioner  may  approve;  provided,  that 
bonds  need  not  be  accepted  by  the  state  treasurer  unless  in 
registered  form  and  of  denominations  satisfactory  to  him. 
An  amount  of  such  deposit  equal  to  the  amount  of  capital 
required  of  domestic  stock  companies  by  said  sections  forty- 
eight  and  fifty-one  shall  be  regarded  as  the  deposit  capital 
in  the  company's  annual  statement  under  section  twenty- 
five,  and  the  excess  of  any  such  deposit  over  the  amount 
required  as  aforesaid  shall  not  be  charged  to  the  company 
as  a  liabihty  for  deposit  capital. 

Section  3.     Section  one  hundred  and  eighty-five  of  said  ^^^•(Jl'"- 
chapter  one  hundred  and  seventy-five,  as  amended  by  sec-  §  iss,  etc., 
tion  three  of  said  chapter  one  hundred  and  fifty,  is  hereby  ^'^''''^^^■ 
further  amended  by  inserting  after  the  word   "common- 
wealth" in  the  sixth  line,  as  appearing  in  the  Tercentenary 
Edition,  the  following: —  ;    provided,  that  bonds  need  not 
be  accepted  by  the  treasurer  unless  in  registered  form  and 
of  denominations  satisfactory  to  him,  —  so  that  the  first 
paragraph  will  read  as  follows :  —  The  state  treasurer  in  his  Deposits  to 
official  capacity  shall  take  and  hold  in  trust  deposits  made  tr^ugtf  etc" 
by  any  domestic  company  for  the  purpose  of  complying  with 
the  laws  of  any  other  state  or  country  to  enable  such  com- 
pany to  do  business  in  such  state  or  country,  and  also  in 
like  manner  take  and  hold  any  deposit  made  by  a  foreign 
company  under  any  law  of  this  commonwealth;    provided, 
that  bonds  need  not  be  accepted  by  the  treasurer  unless  in 
registered  form  and  of  denominations  satisfactory  to  him. 
The  company  making  such  deposit  shall  be  entitled  to  the 
income  thereof,  and  may  from  time  to  time,  with  the  consent 
of  the  treasurer,  when  not  forbidden  by  the  law  under  which 
the  deposit  is  made,  change  in  whole  or  in  part  the  securities 
composing  the  deposit  for  other  approved  securities  of  equal 
par  value.  Approved  August  2,  1939. 


ChapA^l 


An  Act  relative  to  certain  rights  of  injured  em- 
ployees WHO  HAVE  ELECTED  TO  RECEIVE  COMPENSATION 
in  any  case  where  THERE  IS  A  LEGAL  LIABILITY  IN  SOME 
PERSON  OTHER  THAN  THE  INSURED  TO  PAY  DAMAGES  AND 
RELATIVE  TO  SETTLEMENTS  BY  AGREEMENT  IN  CASES 
AGAINST   SUCH    PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  o.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  fifteen,  as  appear-  amended.'  ^  ^^' 
ing  in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following:  —  Section  15.     Where  the  injury  for  which  Legal  iia- 
compensation  is  payable  was  caused  under  circumstances  S'n'ilHei"'^ 
creating  a  legal  liability  in  some  person  other  than  the  in- 
sured to  pay  damages  in  respect  thereof,  the  employee  may 


474  Acts,  1939.  —  Chap.  402. 

at  his  option  proceed  either  at  law  against  that  person  to 
recover  damages  or  against  the  insurer  for  compensation 
under  this  chapter,  but,  except  as  hereinafter  provided,  not 
against  both.  If  compensation  be  paid  under  this  chapter, 
the  insurer  may  enforce,  in  the  name  of  the  employee  or  in 
its  own  name  and  for  its  own  benefit,  the  liability  of  such 
other  person,  and  if,  in  any  case  where  the  employee  has 
claimed  or  received  compensation  within  six  months  of  the 
injury,  the  insurer  does  not  proceed  to  enforce  such  liability 
within  a  period  of  nine  months  after  said  injury,  the  em- 
ployee may  so  proceed.  In  either  event  the  sum  recovered 
shall  be  for  the  benefit  of  the  insurer  unless  such  sum  is 
greater  than  that  paid  by  it  to  the  employee,  in  which  case 
four  fifths  of  the  excess  shall  be  paid  to  or  retained  by  the 
employee.  Except  in  the  case  of  a  settlement  by  agreement 
by  the  parties  to,  and  during  a  trial  of,  such  an  action  of 
law,  no  settlement  by  agreement  shall  be  made  with  such 
other  person  without  the  approval  of  the  industrial  accident 
board  after  an  opportunity  has  been  afforded  both  the  in- 
surer and  the  employee  to  be  heard  on  the  merits  of  the 
settlement  and  on  the  amount,  if  any,  to  which  the  insurer 
is  entitled  out  of  such  settlement  by  way  of  reimbursement, 
which  amount  shall  be  determined  by  said  board  at  the 
time  of  such  approval.  In  the  case  of  a  settlement  by  agree- 
ment by  the  parties  to,  and  during  a  trial  of,  such  an  action 
at  law  the  justice  presiding  at  the  trial  shall  have  and  exer- 
cise, relative  to  the  approval  of  such  settlement  by  agree- 
ment and  to  the  protection  of  the  rights  and  interests  of  the 
employee,  all  the  powers  hereinbefore  granted  to  the  indus- 
trial accident  board.  An  employee  shall  not  be  held  to  have 
exercised  his  option  under  this  section  to  proceed  at  law  if, 
at  any  time  prior  to  trial  of  an  action  at  law  brought  by 
him  against  such  other  person,  he  shall  after  notice  to  the 
insurer  discontinue  such  action,  provided  that  upon  payment 
of  compensation  following  such  discontinuance  the  insurer 
shall  not  have  lost  its  right  to  enforce  the  hability  of  such 
other  person  as  hereinbefore  provided. 

Approved  August  2,  1939. 


Chap. 402  An  Act  relocating  certain  harbor  lines  along  the 

COMMERCIAL      STREET     AND      ATLANTIC      AVENUE      WATER- 
FRONT  OF   BOSTON    HARBOR    IN   THE    CITY    OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  harbor  lines  along  the  Commercial 
street  and  Atlantic  avenue  waterfront  of  the  city  of  Boston 
in  Boston  harbor  are  hereby  changed  and  established  as 
follows :  — 

The  location  of  each  of  the  angle  points  in  the  lines  herein- 
after described  is  fixed  by  a  distance,  hereinafter  called  longi- 
tude, in  feet,  from  a  meridian  passing  through  the  center  of  the 
apex  of  the  dome  of  the  State  House  in  Boston,  and  by  a  dis- 


Acts,  1939.  —  Chap.  403.  475 

tance,  hereinafter  called  latitude,  in  feet,  from  a  line  at  right 
angles  to  said  meridian  and  passing  through  the  center  of  said 
apex  of  the  State  House  dome,  and  the  bearings  refer  to  the 
true  meridian  passing  through  the  center  of  said  apex.  Begin- 
ning at  point  K  in  latitude  one  thousand  one  hundred  four 
and  four  tenths  feet  south  and  longitude  three  thousand  six 
hundred  forty-two  and  seven  tenths  feet  east,  being  a  point  in 
the  harbor  line  established  by  chapter  one  hundred  and  seventy 
of  the  acts  of  eighteen  hundred  and  eighty;  thence  north 
twenty-nine  degrees  thirteen  minutes  twenty-six  seconds  east 
one  thousand  six  hundred  ninety-eight  and  six  tenths  feet  to 
point  L'  in  latitude  three  hundred  seventy-eight  feet  north 
and  longitude  four  thousand  four  hundred  seventy-two  feet 
east,  thence  north  one  degree  thirty-seven  minutes  forty-one 
seconds  west  one  thousand  five  hundred  forty-eight  and  six 
tenths  feet  to  point  M'  in  latitude  one  thousand  nine  hun- 
dred twenty-six  feet  north  and  longitude  four  thousand  four 
hundred  twenty-eight  feet  east,  thence  north  twenty  degrees 
forty-nine  minutes  two  seconds  west  two  thousand  one  hun- 
dred thirty  and  one  tenth  feet  to  point  N'  in  latitude  three 
thousand  nine  hundred  seventeen  feet  north  and  longitude 
three  thousand  six  hundred  seventy-one  feet  east,  thence  north 
fifty-nine  degrees  thirty-four  minutes  thirty-five  seconds  west 
six  hundred  ninety-one  and  two  tenths  feet  to  point  0'  in  lati- 
tude four  thousand  two  hundred  sixty-seven  feet  north  and 
longitude  three  thousand  seventy-five  feet  east,  thence  south 
seventy-five  degrees  eighteen  minutes  twentj^-seven  seconds 
west  seven  hundred  thirty-six  and  nine  tenths  feet  to  point 
U  in  latitude  four  thousand  eighty  and  one  tenth  feet  north 
and  longitude  two  thousand  three  hundred  sixty-two  and 
two  tenths  feet  east,  being  point  U  in  the  harbor  fine  estab- 
lished by  said  chapter  one  hundred  and  seventy. 

Section  2.  Those  portions  of  said  harbor  lines  from 
point  K  to  point  U,  established  by  section  two  of  chapter 
one  hundred  and  seventy  of  the  acts  of  eighteen  hundred  and 
eighty,  are  hereby  abolished. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 
Approved  August  3,  1939. 


An  Act  relocating  certain  harbor  lines  along  the  rhnq)  403 

SOUTH  BOSTON  WATERFRONT  OF  BOSTON  HARBOR  IN  THE      ^^ ' 
CITY  OF  BOSTON, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  harbor  fines  along  the  South  Boston 
waterfront,  between  Fort  Point  channel  and  the  Reserved 
channel  in  Boston  harbor  in  the  city  of  Boston  are  hereby 
changed  and  established  as  follows:  — 

The  location  of  each  of  the  angle  points  in  the  lines  here- 
inafter described  is  fixed  by  a  distance,  hereinafter  called 
longitude,  in  feet,  from  a  meridian  passing  through  the  center 
of  the  apex  of  the  dome  of  the  State  House  in  Boston,  and 


476  Acts,  1939.  —  Chap.  404. 

by  a  distance,  hereinafter  called  latitude,  in  feet,  from  a  line 
at  right  angles  to  said  meridian  and  passing  through  the 
center  of  said  apex  of  the  State  House  dome,  and  the  bearings 
refer  to  the  true  meridian  passing  through  the  center  of  said 
apex.  Beginning  at  a  point  S'  at  or  near  the  intersection  of 
the  southerly  side  line  of  Northern  Avenue  bridge  and  the 
westerly  edge  of  the  platform  of  pier  one  of  the  New  York, 
New  Haven  and  Hartford  railroad,  near  the  mouth  of  Fort 
Point  channel,  said  point  being  in  latitude  one  thousand  five 
hundred  thirteen  and  nine  tenths  feet  south,  and  longitude 
four  thousand  ninety  feet  east,  thence  by  the  arc  of  a  circle 
having  a  radius  of  one  thousand  eighty-eight  and  two  tenths 
feet,  one  thousand  six  hundred  eighty-nine  and  eight  tenths 
feet  to  point  T'  in  latitude  one  thousand  one  hundred  five 
and  six  tenths  feet  south  and  longitude  five  thousand  five 
hundred  fifty-nine  and  four  tenths  feet  east,  thence  south 
sixty-one  degrees  two  minutes  thirty-one  and  six  tenths 
seconds  east,  six  thousand  eighty-three  and  nine  tenths  feet 
to  point  U'  in  latitude  four  thousand  fifty-one  and  two 
tenths  feet  south  and  longitude  ten  thousand  eight  hundred 
eighty-two  and  six  tenths  feet  east,  thence  south  forty-nine 
degrees  thirty-two  minutes  forty-nine  and  two  tenths  seconds 
east  two  thousand  one  hundred  sixty-five  and  four  tenths 
feet  to  point  V  in  latitude  five  thousand  four  hundred  fifty- 
six  and  two  tenths  feet  south,  and  longitude  twelve  thousand 
five  hundred  thirty  and  three  tenths  feet  east,  said  point  V 
being  a  point  in  the  harbor  line  approved  June  thirtieth,  nine- 
teen hundred  and  sixteen,  by  the  secretary  of  war  and  shown 
on  a  plan  entitled  "Boston  Harbor,  Mass.,  Harbor  lines  at 
East  Boston  and  South  Boston  Scale  1 :  10560  U.  S.  Engineer 
Office,  Boston,  Mass.,  March  4,  1916." 

Section  2.  All  acts  or  parts  of  acts  locating  harbor  lines 
on  the  South  Boston  waterfront  of  Boston  harbor  between 
said  point  S'  and  said  point  V  inconsistent  with  the  fines 
hereinbefore  set  forth  are  hereby  repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 
Approved  August  S,  1939. 

Chap. 404:  An  Act  placing  special  and  chartered  buses,  so  called, 

UNDER  the   supervision   OF  THE  DEPARTMENT  OF  PUBLIC 
UTILITIES. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SECTION  1.    Chapter  one  hundred  and  fifty-nine  A  of  the 

§  I'lA,  inserted.  General  Laws  is  hereby  amended  by  inserting  after  section 
eleven,  as  appearing  in  the  Tercentenary  Edition,  the  fol- 
busM^etc  to     lowing  new  section:  —  Section  11  A.     No  person  shall  oper- 
besubject'to      atc  any  motor  vehicle  carrying  eight  or  more  persons  upon 
deplrtme°nt.°     any  public  Way  in  special  or  charter  service  as  hereinafter 
defined  unless  he  shall  have  obtained  from  the  department 
a  license  to  engage  in  the  business  of  rendering  such  service 
and  certifying  that  the  rendering  of  such  service  is  con- 
sistent with  the  public  interest  and  that  the  applicant  is  fit, 


Acts,  1939.  —  Chap.  405.  477 

willing  and  able  properly  to  perform  such  service.  The 
department  may,  after  public  hearing,  grant  or  refuse  to 
grant  a  license  to  engage  in  the  business  of  rendering  special 
or  charter  service  and  may,  after  notice  and  hearing,  suspend 
or  revoke  such  a  license  for  cause.  Any  such  license  shall 
remain  in  force,  except  while  so  suspended,  until  so  revoked. 
The  department  may  make  suitable  and  reasonable  rules, 
orders  and  regulations  covering  the  operation  of  motor 
vehicles  both  under  section  one  and  in  such  special  or  charter 
service  and  may  revise,  alter,  amend  or  annul  the  same. 
The  term  special  or  charter  service,  as  used  in  this  chapter, 
is  hereby  defined  to  mean  the  operation  for  hire  of  any  such 
motor  vehicle  leased,  rented,  used  or  chartered  for  the  car- 
riage of  passengers  in  such  a  manner  as  not  to  be  subject  to 
section  one,  but  shall  not  include  the  operation  of  a  motor 
vehicle  actually  used  for  the  transportation  of  school  chil- 
dren under  a  contract  with  a  municipality  or  municipal 
board  or  the  operation  of  sightseeing  automobiles  licensed 
under  chapter  three  hundred  and  ninety-nine  of  the  acts  of 
nineteen  hundred  and  thirty-one. 

Sections  six,  eight,  nine,  eleven,  thirteen,  fourteen  and 
fiifteen  shall  apply  to  the  operation  of  special  or  charter  serv- 
ice under  a  license  issued  under  this  section,  but  vehicles  for 
which  vehicle  permits  have  been  issued  under  section  eight 
and  drivers  who  hold  drivers'  hcenses  under  section  nine 
shall  not  be  required  to  have  additional  vehicle  permits  and 
drivers'  licenses  for  operation  in  special  or  charter  service. 

Section  2.  This  act  shall  not  apply  to  the  operation  of  Application  of 
special  or  charter  service,  as  defined  in  section  eleven  A  of  '^'^ 
chapter  one  hundred  and  fifty-nine  A  of  the  General  Laws, 
inserted  by  section  one  of  this  act,  during  a  period  of  sixty 
days  following  the  effective  date  of  this  act. 

Approved  August  3, 


An  Act  abolishing  the  division  of  reclamation,  soil  nhnr^  405 

SURVEY    AND    FAIRS    AND    TRANSFERRING    ITS    POWERS    AND  ^' 

DUTIES  TO  ANOTHER  DIVISION  IN  SAID  DEPARTMENT,  AND 
CHANGING  THE  NAME  OF  THE  DIVISION  OF  PLANT  PEST 
CONTROL  IN   SAID   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  name  of  the  division  of  plant  pest  con-  Di\-ision  of 
trol  in  the  department  of  agriculture  is  hereby  changed  to  contro^^and 
the  division  of  plant  pest  control  and  fairs.    The  division  of  fairs." 
reclamation,   soil  survey  and  fairs  in  said   department  is 
hereby  abolished,  and  all  the  rights,  powers,  duties  and  obli- 
gations heretofore  conferred  or  imposed  upon  said  divisions, 
or  either  of  them,  shall  hereafter  be  exercised  and  performed 
by  said  division  of  plant  pest  control  and  fairs.     The  em- 
ployees of  said  division  of  reclamation,  soil  survey  and  fairs 
are  hereby  transferred  to,  and,  subject  to  pertinent  provi- 
sions of  law,  shall  serve  in,  said  division  of  plant  pest  control 


478  Acts,  1939.  —  Chaps.  406,  407. 

and  fairs  without  impairment  of  their  civil  service  status  or 
retirement  rights. 

Section  2.  When  used  in  any  statute,  rule  or  regulation, 
each  of  the  phrases  "division  of  reclamation,  soil  survey  and 
fairs"  and  "division  of  plant  pest  control",  or  any  words 
connoting  the  same,  shall  mean  the  division  of  plant  pest 
control  and  fairs  in  the  department  of  agriculture  unless  a 
contrary  intent  clearly  appears. 

Approved  August  3,  1939. 

ChapAOG  An  Act  relative  to  the  relations  of  officers,  direc- 
tors AND  EMPLOYEES  OF  CERTAIN  DOMESTIC  INSURANCE 
COMPANIES  W^TH  CERTAIN  INSURANCE  AGENCIES  AND 
FINANCE    COMPANIES,    SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

EdViTs"^'  Section  1.    Chapter  one  hundred  and  seventy-five  of  the 

§  113G,  in-        General  Laws  is  hereby  amended  by  inserting  after  section 
serted.  ^^^  hundred  and  thirteen  F,  as  amended,  the  following  new 

Officers,  etc.,  scctiou :  —  Section  113G.  No  officer,  director  or  employee 
.agent°,*when.  of  a  domcstic  compauy  formed  under  section  forty-eight  A 
after  November  first,  nineteen  hundred  and  thirty-nine 
which  obtains  a  certificate  under  section  thirty-two  and 
commences  to  issue  motor  vehicle  liability  policies,  as  defined 
in  section  thirty-four  A  of  chapter  ninety,  or  to  execute 
motor  vehicle  liability  bonds,  as  defined  in  said  section 
thirty-four  A,  shall  be  or  act  as  insurance  agent  of  such 
company,  or  be  an  officer,  director,  stockholder  or  employee 
of,  or  be  directly  or  indirectly  financially  interested  in,  or 
directly  or  indirectly  receive  any  financial  benefit  from,  any 
insurance  agency  of  such  company  or  any  concern,  except  a 
bank  or  trust  company  under  the  supervision  of  the  com- 
missioner of  banks  or  a  national  banking  association,  whose 
business  includes  the  financing  of  payment  of  premiums  on 
such  policies  or  bonds  issued  or  executed  by  such  company; 
provided,  that  nothing  herein  shall  prohibit  an  insurance 
agent  of  any  such  company  from  financing  the  payment  of 
premiums  on  any  such  policy  or  bond  issued  or  executed  by 
such  company,  or  prevent  any  such  company  from  carrying 
on  the  business  authorized  by  section  one  hundred  and 
ninety-three  B  or  prohibit  any  officer,  director  or  employee 
of  such  company  from  participating  in  the  carrying  on  of 
such  business  by  such  company  in  accordance  with  said 
section. 
Effertive  Section  2.     This  act  shall  take  effect  on  November  first 

of  the  current  year.  Approved  August  3,  1939. 

Chap. 407  ^^  ^ct  requiring  a  serological  test  for  syphilis  of 

pregnant   WOMEN. 

Be  it  enacted,  etc.,  as  follows: 
aL.  (Ter.  Chapter  one  hundred  and  eleven  of  the  General  Laws  is 

§'i2iA,  in-        hereby  amended  by  inserting  after  section  one  hundred  and 

serted. 


Acts,  1939.  —  Chaps.  408,  409.  479 

twenty-one,  as  appearing  in  the  Tercentenary  Edition,  the 
following  new   section:  —  Section  131  A.     A   physician   at- Jfj^^y°^^f 
tending  a  pregnant  woman  in  this  commonwealth  during  pregnant 
gestation  shall  take  or  cause  to  be  taken  a  sample  of  blood  '^°"'®°- 
of  such  woman  at  the  time  of  first  examination,  and  shall 
submit  such  sample  for  a  standard  serological  test  for  syphihs 
to  a  laboratory  of  the  department  or  to  a  laboratory  ap- 
proved for  such  test  by  the  department;  provided,  that  not 
more  than  one  physician  attending  a  pregnant  woman  during 
gestation  shall  be  required  to  comply  with  the  provisions  of 
this  section.  Approved  August  3,  1939. 


ChapAOS 


An  Act  further  extending  the  time  during  which 
there  shall  be  collected  an  additional  tax  on 
sales  of  gasoline  and  certain  other  motor  vehicle 

FUEL. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  forty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-two,  as  most  recently  amended  by 
section  two  of  chapter  four  hundred  and  thirty-one  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  is  hereby  further 
amended  by  striking  out,  in  the  sixth  line,  the  word  "forty- 
one"  and  inserting  in  place  thereof  the  word:  —  forty-three, 
—  so  as  to  read  as  follows :  —  The  time  during  which  the 
additional  excise  tax  of  one  cent  is  imposed  on  each  gallon 
of  fuel,  as  defined  in  section  one  of  chapter  sixty-four  A  of 
the  General  Laws,  sold  in  the  commonwealth,  is  hereby 
extended  to  and  including  the  thirtieth  day  of  April,  nine- 
teen hundred  and  forty-three,  and  the  provisions  of  section 
four  of  chapter  one  hundred  and  twenty-two  of  the  acts  of 
nineteen  hundred  and  thirty-one  shall  apply  to  the  tax  so 
imposed  during  such  extended  period. 

Approved  August  S,  1939. 

An   Act  abolishing   the   office   of   director   of  the  ChavA09 

DIVISION  OF  immigration  AND  AMERICANIZATION,  AND 
FURTHER  REGULATING  THE  POWERS  AND  DUTIES  OF  SAID 
DIVISION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  name  of  the  advisory  board  of  immigra-  Board  of 
tion  and  Americanization  in  the  division  of  immigration  and  and^imeri"-" 
Americanization  in  the  department  of  education  is  hereby  canization. 
changed  to  the  board  of  immigration  and  Americanization. 
After  the  effective  date  of  this  act,  said  board,  under  its  new 
name,  and  the  division  of  immigration  and  Americanization 
in  said  department,  shall  continue  as  theretofore  constituted, 
except  as  otherwise  provided  in  this  act. 

Section  2.    Chapter  fifteen  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  four,  as  appearing  in  the  amended  ^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 


480 


Acts,  1939.  —  Chap.  409. 


Certain  duties 
of  commis- 
sioner. 
Divisions 
in  the  de- 
partment. 


G.  L.  (Ter. 
Ed.).  15,  §  12, 
etc.,  amended. 


Division  of 
immigration 
and  Ameri- 
canization. 


G.  L.  (Ter. 
Ed.),  69,  §  11, 
amended. 


Education 
and  protec- 
tion of  aliens. 


following :  —  Section  4-  The  commissioner  shall  be  the  ex- 
ecutive and  administrative  head  of  the  department.  He 
shall  have  charge  of  the  administration  and  enforcement  of 
all  laws,  rules  and  regulations  which  it  is  the  duty  of  the 
department  to  administer  and  enforce,  and  shall  be  chair- 
man of  the  board.  He  shall  organize  in  the  department  a 
division  of  public  libraries,  a  division  of  immigration  and 
Americanization,  a  division  of  the  bhnd  and  such  other 
divisions  as  he  may  determine.  Each  division,  except  the 
division  of  immigration  and  Americanization,  shall  be  in 
charge  of  a  director,  and  each  division  shall  be  under  the 
general  supervision  of  the  commissioner.  Nothing  in  this 
chapter  shall  be  construed  as  affecting  the  powers  and  duties 
of  the  trustees  of  the  Massachusetts  state  college  as  set 
forth  in  chapter  seventy-five. 

Section  3.  Said  chapter  fifteen  is  hereby  further  amended 
by  striking  out  section  twelve,  as  amended  by  chapter  three 
hundred  and  sixty-seven  of  the  acts  of  nineteen  hundred  and 
thirty-five,  and  inserting  in  place  thereof  the  following:  — 
Section  12.  The  division  of  immigration  and  Americaniza- 
tion shall  consist  of  a  board  of  six  persons  to  be  known  as  the 
board  of  immigration  and  Americanization.  Two  members 
of  said  board  shall  be  appointed  annually  for  three  years 
each,  by  the  governor,  with  the  advice  and  consent  of  the 
council.  The  governor  shall  designate  one  of  said  members 
as  chairman.  Said  board  shall  meet  at  least  once  a  month 
at  such  times  as  it  may  by  rule  determine,  and  when  re- 
quested by  any  member  thereof.  The  members  of  said 
board  shall  receive  no  compensation  for  their  services,  but 
shall  be  reimbursed  for  their  actual  necessary  expenses  in- 
curred in  the  performance  of  their  duties. 

Section  4,  Chapter  sixty-nine  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  eleven,  as  appear- 
ing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following: —  Section  11.  The  division  of  immi- 
gration and  Americanization  shall  employ  such  methods, 
consistent  with  law,  as  in  its  judgment,  will  tend  to  bring 
into  sympathetic  and  mutually  helpful  relations  the  com- 
monwealth and  its  residents  of  foreign  origin,  protect  immi- 
grants from  exploitation  and  abuse,  stimulate  their  acquisi- 
tion and  mastery  of  English,  develop  their  understanding  of 
American  government,  institutions  and  ideals,  and  generally 
promote  their  assimilation  and  naturahzation.  For  the  above 
purposes,  the  division  may  co-operate  with  other  ofiicers 
and  departments  of  the  commonwealth  and  with  all  public 
agencies,  federal,  state  or  municipal.  It  may  investigate 
the  exploitation  or  abuse  of  immigrants  and  in  making  any 
investigation  may  require  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books  and  documents  relat- 
ing to  the  matter  under  investigation.  Subject  to  the  ap- 
proval of  the  department  and  of  the  commission  on  admin- 
istration and  finance,  the  division  may  make  reasonable 
charges  for  any  service  rendered  or  material  furnished  by  it. 


Acts,  1939.  —  Chap.  410.  481 

Section  5.    This  act  shall  take  effect  on  December  first  d^|°*''^® 
in  the  current  year.  Approved  August  S,  1939. 

An  Act  extending  the  territory  of  the  south  dighton  Qjidyy  41O 

FIRE    AND    WATER    DISTRICT    AND    FURTHER    DEFINING    THE  ^  ' 

POWERS   AND   DUTIES   OF   SAID   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  two  of  the  acts  of 
nineteen  hundred  and  twenty-seven  is  hereby  amended  by 
striking  out  section  one  and  inserting  in  place  thereof  the 
following :  —  Section  1 .  The  inhabitants  of  the  town  of 
Dighton  liable  to  taxation  in  said  town  and  residing  within 
the  territory  comprised  within  the  following  boundary  Hues, 
to  wit :  —  Beginning  at  a  point  on  the  westerly  bank  of 
Taunton  river  at  the  dividing  line  between  the  towns  of 
Somerset  and  Dighton;  thence  upstream  northerly  follow- 
ing the  bank  of  Taunton  river  to  Three  Mile  river;  thence 
westerly  along  the  southerly  bank  of  Three  Mile  river  to 
the  line  of  the  North  Dighton  Fire  District;  thence  southerly 
along  the  eastern  hne  of  North  Dighton  Fire  District  to 
the  southeast  corner  of  said  district;  thence  southerly  in  a 
straight  hne  from  said  corner  to  the  bridge  on  Main  street 
which  crosses  Richmond  brook;  thence  southeasterly  by 
said  Richmond  brook  to  the  easterly  hne  of  the  tracks  of 
the  New  York,  New  Haven  and  Hartford  railroad  on  said 
brook;  thence  southerly  by  said  tracks  to  the  Somerset  and 
Dighton  hne;  thence  easterly  to  the  point  of  beginning,  — 
shall  constitute  a  fire  and  water  district,  and  are  hereby 
made  a  body  corporate  under  the  name  of  the  South  Dighton 
Fire  and  Water  District,  for  the  purpose  of  supplying  them- 
selves with  water  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes,  for  assessing  and  raising  taxes 
as  provided  herein  for  payment  for  such  services,  and  for 
defraying  the  necessary  expenses  of  carrying  on  the  business 
of  said  district,  subject  to  all  general  laws  now  or  hereafter 
in  force  relating  to  such  districts,  except  as  otherwise  pro- 
vided herein.  The  district  shall  have  power  to  prosecute  • 
and  defend  all  actions  relating  to  its  property  and  affairs. 

Section  2.  Said  chapter  two  hundred  and  two  is  hereby 
further  amended  by  inserting  after  section  two  the  following 
new  section:  —  Section  2 A.  For  the  purposes  aforesaid, 
the  district,  acting  by  and  through  its  board  of  water  com- 
missioners hereinafter  provided  for,  may  also  contract  with 
any  other  municipality,  acting  through  its  water  depart- 
ment, or  with  any  water  company,  or  with  any  water  dis- 
trict, for  whatever  water  may  be  required,  authority  to 
furnish  the  same  being  hereby  granted,  and  may  enter  into 
such  other  contracts  as  may  be  necessary  for  the  purposes 
set  forth  in  section  one  of  this  act  upon  such  terms  and  con- 
ditions as  may  be  agreed  upon  by  such  contracting  parties, 
or,  in  case  of  failure  of  such  contracting  parties  to  agree 
upon  the  terms  and  conditions  of  such  contract  or  contracts, 


482  Acts,  1939.  —  Chap.  410. 

upon  such  terms  and  conditions  as  may  be  fixed  by  the  de- 
partment of  public  utiHties. 

Section  3.  Section  five  of  said  chapter  two  hundred  and 
two  is  hereby  amended  by  striking  out  in  the  fifth  Hne,  the 
word  "forty"  and  inserting  in  place  thereof  the  words:  — 
one  hundred  and  sixty,  —  so  as  to  read  as  follows:  —  Sec- 
tion 6.  For  the  purpose  of  paying  the  necessary  expenses 
and  habihties  incurred  under  the  provisions  of  this  act,  the 
said  district  may  borrow  from  time  to  time  such  sums  as 
may  be  necessary,  not  exceeding  in  the  aggregate  one  hun- 
dred and  sixty  thousand  dollars,  and  may  issue  bonds  or 
notes  therefor,  which  shall  bear  on  their  face  the  words. 
South  Dighton  Fire  and  Water  District  Loan,  Act  of  1927. 
Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  payable  in  not  more  than  thirty  years 
from  their  dates.  Indebtedness  incurred  under  this  act  shall 
be  subject  to  chapter  forty-four  of  the  General  Laws. 

Section  4.  Said  chapter  two  hundred  and  two  is  hereby 
further  amended  by  striking  out  section  eight  and  insert- 
ing in  place  thereof  the  following:  —  Section  8.  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  the  town  of  Dighton,  who  shall  assess  the  same  on  prop- 
erty within  the  district  in  the  same  manner  in  all  respects 
in  which  town  taxes  are  required  by  law  to  be  assessed ;  pro- 
vided, that  no  estate  shall  be  subject  to  any  tax  assessed  on 
account  of  the  system  of  water  supply  under  this  act  if,  in 
the  judgment  of  the  board  of  water  commissioners  herein- 
after provided  for,  after  a  hearing,  due  notice  whereof  shall 
have  been  given,  such  estate  is  so  situated  that  it  can  receive 
no  aid  in  the  extinguishment  of  fire  from  the  said  system  of 
water  supply,  or  receive  no  benefit  in  fire  insurance  grading 
therefrom,  or  both,  or  if  such  estate  is  so  situated  that  the 
buildings  thereon,  or  the  buildings  that  might  be  constructed 
thereon,  could  not  be  supplied  in  any  ordinary  or  reasonable 
manner  with  water  from  the  said  system;  but  all  other  es- 
tates in  the  district  shall  be  deemed  to  be  benefited  and  shall 
be  subject  to  such  tax.  A  certified  list  of  the  estates  exempt 
from  taxation  under  this  section  shall  annually  be  sent  by 
said  board  of  water  commissioners  to  said  assessors,  at  the 
same  time  at  which  the  clerk  shall  send  a  certified  copy  of  the 
vote  as  aforesaid.  The  assessment  shall  be  committed  to 
the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  by  law  for  the  collection  of  town  taxes,  and  shall 
deposit  the  proceeds  thereof  with  the  district  treasurer  for 
the  use  and  benefit  of  the  district.  The  district  may  collect 
interest  on  overdue  taxes  in  the  manner  in  which  interest  is 
authorized  to  be  collected  on  town  taxes. 

Section  5.  Said  chapter  two  hundred  and  two  is  hereby 
further  amended  by  striking  out  section  eleven  and  inserting 
in  place  thereof  the  following:  —  Section  11.  Said  board  of 
water  commissioners  shall  fix  just  and  equitable  prices  and 
rates  for  the  use  of  water,  and  shall  prescribe  the  time  and 


Acts,  1939.  —  Chap.  411.  483 

manner  of  payment,  except  that  they  shall  require  all  water 
services  to  be  metered.  The  income  of  the  water  system 
shall  be  used  to  defray  all  operating  expenses,  including  in 
such  term  for  the  purposes  of  this  section  the  cost  of  water 
furnished  to  the  district  \mder  any  provision  of  this  act,  all 
interest  charges  and  the  payment  on  the  principal  as  they 
shall  accrue  upon  any  bonds  or  notes  issued  under  authority 
of  this  act,  but  this  provision  shall  not  be  construed  as  a 
limitation  of  the  contractual  or  other  obligation  of  the  said 
district.  No  money  shall  be  expended  in  new  construction 
by  said  board  of  water  commissioners,  except  from  surplus 
revenues,  unless  the  district  votes  for  the  same  and  appro- 
priates money  therefor.  Said  board  shall  annually,  and  as 
often  as  the  district  may  require,  render  a  report  upon  the 
condition  of  the  system  under  their  charge,  and  an  account 
of  their  doings,  including  an  account  of  their  receipts  and 
expenditures. 

Section  6.  Said  chapter  two  hundred  and  two  is  hereby 
further  amended  by  inserting  after  section  thirteen  the  fol- 
lowing new  section:  —  Section  ISA.  Upon  a  petition  in  writ- 
ing addressed  to  said  board  of  water  commissioners,  request- 
ing that  certain  real  estate,  accurately  described  therein, 
located  in  said  town  and  abutting  on  said  district  and  not 
otherwi.se  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  commis- 
sioners shall  cause  a  duly  warned  meeting  of  the  district 
to  be  called,  at  which  meeting  the  voters  may  vote  on  the 
question  of  including  said  real  estate  within  the  district.  If 
a  majority  of  the  voters  present  and  voting  thereon  vote  in 
the  affirmative  the  district  clerk  shall  within  ten  days  file 
with  the  town  clerk  of  said  town  and  with  the  state  secre- 
tary an  attested  copy  of  said  petition  and  vote;  and  there- 
upon said  real  estate  shall  become  and  be  part  of  the  district 
and  shall  be  holden  under  this  act  in  the  same  manner  and 
to  the  same  extent  as  the  real  estate  described  in  section  one. 

Section  7.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  voters  of  the  Dighton  Fire 
and  Water  District  as  constituted  immediately  prior  to  the 
passage  of  this  act,  present  and  voting  thereon  at  a  district 
meeting  called  for  the  purpose  within  three  years  after  its 
passage;  but  the  number  of  meetings  so  called  in  any  one 
year  shall  not  exceed  three.        Approved  August  3,  1939. 

An  Act  changing  the  harbor  line  in  boston  harbor  qj^q^jj  ^h 
ON  the  southerly  and  easterly  sides  of  east  boston.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  harbor  lines  on  the  northerly  side  of 
Boston  harbor  are  hereby  changed  and  established  as 
follows:  — 

The  location  of  each  of  the  angle  points  in  the  lines  here- 
inafter described  is  fixed  by  a  distance,  hereinafter  called 


484  Acts,  1939.  —  Chap.  411. 

longitude,  in  feet,  from  a  meridian  passing  through  the 
center  of  the  apex  of  the  dome  of  the  State  House  in  Boston, 
and  by  a  distance,  hereinafter  called  latitude,  in  feet,  from 
a  line  at  right  angles  to  said  meridian  and  passing  through 
the  said  center  of  the  apex  of  the  State  House  dome,  and 
the  bearings  refer  to  the  true  meridian  passing  through 
center  of  said  apex.  Beginning  at  point  H  in  the  pierhead 
line  established  by  the  secretary  of  war  July  twenty-seventh, 
eighteen  hundred  and  eighty-nine,  and  located  in  latitude 
two  thousand  one  hundred  sixty-seven  and  five  tenths  feet 
north  and  longitude  six  thousand  forty-eight  and  four  tenths 
feet  east;  thence  south  fifty-six  degrees  forty-four  minutes 
four  and  four  tenths  seconds  east,  seven  thousand  eight  hun- 
dred sixty-six  and  two  tenths  feet  to  point  A  in  latitude  two 
thousand  one  hundred  forty-seven  and  two  tenths  feet  south 
and  longitude  twelve  thousand  six  hundred  twenty-five  and 
six  tenths  feet  east,  thence  south  forty-nine  degrees  fourteen 
minutes  fifty-five  seconds  east,  four  thousand  two  hundred 
seventy-five  and  four  tenths  feet  to  point  X  in  latitude  four 
thousand  nine  hundred  thirty-eight  and  one  tenth  feet  south 
and  longitude  fifteen  thousand  eight  hundred  sixty-four  and 
four  tenths  feet  east,  thence  south  seventy-four  degrees  east, 
four  thousand  five  hundred  thirty-three  and  seven  tenths 
feet  to  point  J  in  latitude  six  thousand  one  hundred  eighty- 
seven  and  eight  tenths  feet  south  and  longitude  twenty 
thousand  two  hundred  twenty-two  and  five  tenths  feet  east, 
thence  north  nineteen  degrees  east,  four  thousand  seven 
hundred  thirty-one  feet  to  point  B  in  latitude  one  thousand 
seven  hundred  fourteen  and  five  tenths  feet  south  and  lon- 
gitude twenty-one  thousand  seven  hundred  sixty-two  and 
eight  tenths  feet  east,  thence  north  forty-two  degrees  forty- 
three  minutes  three  seconds  west  nine  thousand  one  hun- 
dred seven  feet  to  point  C  in  latitude  four  thousand  nine 
hundred  seventy-six  and  five  tenths  feet  north  and  longitude 
fifteen  thousand  five  hundred  eighty-four  and  seven  tenths 
feet  east,  thence  north  eighty-two  degrees  twenty-five  min- 
utes one  second  west  one  thousand  one  hundred  thirty-seven 
and  seven  tenths  feet  to  point  D  in  latitude  five  thousand 
one  hundred  twenty-six  and  six  tenths  feet  north  and  longi- 
tude fourteen  thousand  four  hundred  fiifty-seven  feet  east, 
thence  south  forty  degrees  twenty-one  minutes  west,  one 
thousand  one  hundred  forty-two  and  nine  tenths  feet  to 
point  E  in  latitude  four  thousand  two  hundred  fifty-five 
and  six  tenths  feet  north  and  longitude  thirteen  thousand 
seven  hundred  seventeen  feet  east,  thence  south  fifty-eight 
degrees  nineteen  minutes  forty-nine  seconds  west,  six  hun- 
dred sixty-four  feet  to  point  F  in  latitude  three  thousand 
nine  hundred  seven  feet  north  and  longitude  thirteen  thou- 
sand one  hundred  fifty-one  and  nine  tenths  feet  east,  thence 
north  seventy-six  degrees  forty  minutes  thirteen  seconds 
west  six  hundred  eighty-nine  and  seven  tenths  feet  to  point 
G  in  latitude  four  thousand  sixty-six  feet  north  and  longi- 
tude twelve  thousand  four  hundred  eighty  and  eight  tenths 


Acts,  1939.  —  Chap.  412.  485 

feet  east,  thence  north  thirty-one  degrees  forty  minutes 
eleven  seconds  west  six  hundred  eighty-nine  and  seven 
tenths  feet  to  point  S  in  latitude  four  thousand  six  hundred 
fifty-three  feet  north  and  longitude  twelve  thousand  one 
hundred  eighteen  and  seven  tenths  feet  east,  thence  north 
thirteen  degrees  nineteen  minutes  fifty-seven  seconds  east 
six  hundred  eighty-nine  and  seven  tenths  feet  to  point  T  in 
latitude  five  thousand  three  hundred  twenty-four  feet  north 
and  longitude  twelve  thousand  two  hundred  seventy-seven 
and  seven  tenths  feet  east,  thence  north  fifty-eight  degrees 
nineteen  minutes  forty-eight  seconds  east  three  thousand 
forty-seven  and  two  tenths  feet  to  point  U  in  latitude  six 
thousand  nine  hundred  twenty-three  and  nine  tenths  feet 
north  and  longitude  fourteen  thousand  eight  hundred  sev- 
enty-one and  two  tenths  feet  east,  said  point  U  being  a 
point  in  the  pierhead  and  bulkhead  fine  approved  by  the 
secretary  of  war  June  thirtieth,  nineteen  hundred  and  six- 
teen, thence  north  twenty-one  degrees  six  minutes  four 
seconds  east,  along  aforesaid  pierhead  and  bulkhead  line, 
two  thousand  seven  hundred  sixty  and  three  tenths  feet  to 
point  R-2  in  latitude  nine  thousand  four  hundred  ninety- 
nine  and  two  tenths  feet  north  and  longitude  fifteen  thou- 
sand eight  hundred  sixty-four  and  nine  tenths  feet  east. 
Said  point  R-2  is  marked  with  a  granite  monument  marked 
U.  S.  E. 

Section  2.  The  harbor  line  established  by  section  one 
of  chapter  thirty  of  the  acts  of  nineteen  hundred  and  twenty- 
two  is  hereby  repealed.  Approved  August  3,  1939. 

An  Act  regulating  the  height  of  buildings  and  other  (JJiq^^  4^2 
structures  within  a  certain  distance  of  the  boston         '  ' 
airport,  so  called. 

Be  it  enacted,  etc,  as  follows: 

Section  1.  Unless  the  context  otherwise  requires,  in 
this  act  the  following  words  and  phrases  shall  have  the  fol- 
lowing meanings :  — 

"Center  of  the  Boston  airport",  a  point  in  the  surface  of 
said  airport  located  exactly  at  north  latitude  forty-two 
degrees,  twenty-two  minutes,  zero  seconds,  west  longitude 
seventy-one  degrees,  one  minute,  zero  seconds.  North  Amer- 
ican nineteen  hundred  and  twenty-seven  datum. 

"Boston  airport",  shall  include  the  surface  of  all  land, 
flats  and  water,  within  a  radius  of  three  thousand  feet  from 
the  center  of  the  Boston  airport  as  defined  in  the  preceding 
paragraph. 

"Boston  airport  approach  zones",  the  zones  hereinafter 
described,  being  respectively  all  the  areas  within  the  follow- 
ing distances  from  the  center  of  the  Boston  airport: 

"Zone  one",  over  three  thousand  feet  but  not  over  six 
thousand  feet; 

"Zone  two",  over  six  thousand  feet  but  not  over  nine 
thousand  feet: 


486  Acts,  1939.  —  Chap.  412. 

"Zone  three",  over  nine  thousand  feet  but  not  over  twelve 
thousand  feet ; 

"Zone  four",  over  twelve  thousand  feet  but  not  over 
fifteen  thousand  feet; 

"Zone  five",  over  fifteen  thousand  feet  but  not  over 
eighteen  thousand  feet; 

"Zone  six",  over  eighteen  thousand  feet  but  not  over 
twenty-one  thousand  feet. 

Section  2.  Grade  sixteen,  Boston  city  base,  for  the 
purposes  of  this  act  is  deemed  to  be  the  grade  of  the  surface 
of  the  Boston  airport. 

Section  3.  Except  as  necessary  for  airport  purposes 
and  except  as  approved  by  the  commissioner  of  pubhc  works, 
after  due  notice  and  hearing  as  provided  in  sections  five  and 
six,  and  except  as  hereinafter  provided,  no  building  or  struc- 
ture shall  be  erected  or  altered  on  the  Boston  airport  de- 
fined in  section  one,  so  that  any  portion  of  such  building 
or  structure  shall  be  at  a  greater  elevation  than  grade  eight- 
een, Boston  city  base. 

Section  4.  Except  as  provided  in  sections  five  and  six, 
and  except  as  otherwise  provided  in  this  section,  the  height 
in  feet  above  grade  sixteen,  Boston  city  base,  of  any  build- 
ing or  structure  hereafter  erected  or  altered  in  height  in  any 
of  the  Boston  airport  approach  zones  defined  in  section  one 
shall  not  exceed  the  following: 

In  zone  one,  one  fiftieth  of  the  horizontal  distance  in  feet 
of  its  nearest  portion  from  the  nearest  edge,  vertically  pro- 
jected of  the  Boston  airport  as  defined  in  section  one. 

In  zone  two,  sixty  feet  plus  one  fortieth  of  said  distance 
from  the  nearest  edge  of  zone  one. 

In  zones  three  and  four,  one  hundred  and  thirty-five  feet 
plus  one  thirtieth  of  said  distance  from  the  nearest  edge  of 
zone  two,  except  that  there  may  be  erected  hereafter  in  said 
zone  three  on  premises  owned  and  used  by  electric  com- 
panies on  July  first,  nineteen  hundred  and  thirty-nine,  for 
the  generation  of  electricity,  chimneys  or  stacks  for  such 
use,  provided  the  height  in  feet  of  such  chimneys  or  stacks 
above  said  grade  sixteen  shall  not  exceed  two  hundred  and 
fifty  feet. 

In  zones  five  and  six,  three  hundred  and  thirty-five  feet 
plus  one  twentieth  of  said  distance  from  the  nearest  edge  of 
zone  four. 

Notwithstanding  the  provisions  of  this  section,  any  build- 
ing or  structure  may  be  erected  or  altered  to  a  height  of 
not  more  than  fifty  feet  above  the  existing  ground  level  in 
zone  two  and  in  zone  three.  The  provisions  of  this  section 
shall  not  be  deemed  to  authorize  any  increase  in  the  height 
of  any  building  in  existence  on  September  first,  nineteen 
hundred  and  thirty-nine,  or  the  construction  of  any  build- 
ing, beyond  the  height  permitted  in  any  locality  by  any 
zoning  law,  ordinance  or  by-law,  applicable  to  such  build- 
ing or  locahty  for  the  time  being. 


Acts,  1939.  —  Chap.  412.  487 

None  of  the  provisions  of  this  act  shall  apply  to  any  part 
of  Cambridge  or  Somerville,  to  any  of  that  part  of  Boston 
known  as  Charlestown,  or  to  any  of  that  part  of  Boston 
bounded  northerly  by  the  Charles  river,  easterly  by  the 
waterfront,  southerly  by  Fort  Point  channel,  and  westerly 
by  Massachusetts  avenue;  nor  shall  any  of  said  provisions 
apply,  except  as  to  the  Boston  airport  defined  in  section 
one,  to  that  part  of  the  district  in  Boston  known  as  East 
Boston  lying  southwesterly  of  a  straight  line  running  from 
said  airport  in  a  northwesterly  direction  along  the  center 
line  of  Porter  street  to  Meridian  street,  and  westerly  of  a 
line  running  in  a  northerly  direction  along  the  center  line  of 
Meridian  street  from  its  intersection  with  the  said  center  line 
of  Porter  street  to  the  middle  of  the  channel  of  Chelsea  creek. 

Section  5.  The  commissioner  of  public  works,  in  this 
and  the  two  following  sections  called  the  commissioner, 
after  due  notice  and  hearing,  may  make  rules  and  regula- 
tions necessary  to  carry  out  the  provisions  of  this  act  and 
to  establish  building  heights,  consistent  with  sections  one  to 
four,  inclusive,  permitted  in  the  zones  defined  therein  or  in 
any  subdivision  of  any  of  said  zones;  but  no  such  rule  or 
regulation  shall  reduce  the  height  to  which  buildings  or 
structures  may  be  erected  or  altered  in  accordance  with  the 
provisions  of  section  four.  The  commissioner,  upon  peti- 
tion and  after  hearing  of  which  due  notice  is  given,  may, 
up  to  the  Hmits  provided  by  zoning  laws,  ordinances  or 
by-laws,  in  effect  in  the  several  cities  and  towns  within  the 
Boston  airport  approach  zones  defined  in  section  one,  by 
order  permit  a  building  to  be  erected  or  altered  on  any  par- 
cel of  real  estate  to  a  greater  height  than  that  permitted 
under  the  provisions  of  section  four;  provided,  that  he  finds 
that  the  safety  of  aircraft  landing  at  and  taking  off  from  the 
Boston  airport  will  not  thereby  be  substantiall}^  impaired, 
or  rules  that  such  order  is  necessary  to  secure  to  the  owner 
of  such  real  estate  his  constitutional  rights  with  reference 
thereto.  Notice  by  registered  mail  of  any  such  rule,  regu- 
lation or  order  shall  be  sent  forthwith  to  the  officer  having 
supervision  of  the  construction  of  buildings  in  each  city  and 
town  in  which  is  situated  any  real  estate  affected  thereby 
and  also  to  the  office,  board  or  commission  having  control 
of  the  Boston  airport.  Like  notice  of  action  or  refusal  to 
act  on  any  such  petition  shall  be  sent  forthwith  by  regis- 
tered mail  to  such  officer,  to  said  office,  board  or  commis- 
sion and  to  each  petitioner.  No  provision  of  this  act,  and 
no  rule  or  regulation  adopted  under  this  section,  shall  re- 
quire a  reduction  in  the  height  of  any  building  or  other 
structure  existing  or  in  process  of  construction,  alteration 
or  repair,  on  September  first,  nineteen  hundred  and  thirty- 
nine,  or  immediately  replacing  such  a  building  or  structure 
on  the  .'^ame  area  to  the  same  or  a  less  height. 

Section  6.  Any  person  aggrieved  by  a  rule,  regulation, 
order  or  ruling  of  the  commissioner  under  section  five,  or  by 


488  Acts,  1939.  —  Chaps.  413,  414. 

his  refusal  to  make  an  order  thereunder  may,  within  thirty 
days  after  the  service  of  notice  thereof  by  registered  mail 
upon  such  person  or  at  any  time  prior  to  such  service,  appeal 
therefrom  by  petition  in  equity  to  the  superior  court  for  the 
county  wherein  the  building  or  structure  to  which  such  rule, 
regulation,  order  or  ruHng,  or  petition  for  order  relates  is 
situated;  and,  after  such  notice  as  said  court  shall  direct  to 
all  parties  interested,  including  the  city  of  Boston  whether 
or  not  it  is  the  petitioner,  a  hearing  may  be  had  before  the 
court  at  an  early  and  convenient  time  and  place  fixed  by  it, 
and  said  court  may  by  its  decree  annul,  affirm  or  alter 
such  rule,  regulation,  order  or  ruling  of  the  commissioner, 
in  which  case  the  decree  of  the  court  shall  have  the  same 
authority,  force  and  effect  as  the  original  rule,  regulation, 
order  or  ruling  of  the  commissioner;  or  said  court  may  direct 
the  commissioner  to  make  such  order  as  law  and  justice  may 
require. 

Section  7.  The  superior  court  shall  have  jurisdiction  in 
equity  to  enforce  sections  one  to  six,  inclusive,  and  the  rules, 
regulations  and  orders  made  thereunder  by  the  commissioner, 
and  to  restrain  the  violation  thereof. 

Section  8.  This  act  shall  take  effect  on  September  first 
in  the  current  year.  Approved  August  3,  1939. 

ChapAlS  An  Act  further  extending  the  term  of  office  of  the 

MILK   CONTROL   BOARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-two  of  chapter  three  hundred  and  seventy- 
six  of  the  acts  of  nineteen  hundred  and  thirty-four,  as 
amended  by  chapter  three  hundred  and  thirty-four  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  is  hereby  amended 
by  striking  out,  in  the  fourth  fine,  the  word  "forty"  and 
inserting  in  place  thereof  the  word :  —  forty-one,  —  so  as  to 
read  as  follows :  —  Section  22.  The  board  shall  continue 
with  all  the  duties  and  responsibilities  prescribed  and  im- 
posed by  this  act  until  June  thirtieth,  nineteen  hundred  and 
forty-one.  On  and  after  the  date  when  this  act  ceases  to  be 
operative  any  and  all  obligations  which  shall  have  arisen 
prior  to  such  date  or  which  may  arise  thereafter  in  connection 
therewith,  and  any  violations  which  shall  have  occurred  prior 
to  such  date,  shall  be  deemed  not  to  be  affected,  terminated 
or  waived  by  reason  of  the  fact  that  this  act  has  ceased  to  be 
operative.  Approved  August  3,  1939. 

C/iOT>. 414  An  Act  relative  to  the  giving  of  notice  of  applications 

FOR   licenses,    or    FOR   TRANSFERS   OF   LICENSES,    TO   SELL 
ALCOHOLIC    BEVERAGES. 

Be  it  enacted,  etc.,  as  folloivs: 

EdV  lis"'  Chapter  one  hundred  and  thirty-eight  of  the  General  Laws 

§  15A.  etc.,       is  hereby  amended  by  striking  out  section  fifteen  A,  as 

amended. 


Acts,  1939.  —  Chap.  414.  489 

amended  by  section  thirteen  of  chapter  four  hundred  and 
forty  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following:  —  Section  15 A.  ^^'^l^^^^^P^^^ 
Notation  of  the  date  and  hour  of  filing  shall  be  made  on  every  for  licenses, 
application  for  a  hcense  under  section  twelve,  fifteen  or  thirty  ''^''" 
A.  Within  ten  days  after  the  receipt  of  any  such  applica- 
tion, the  local  licensing  authorities  shall  cause  a  notice 
thereof  to  be  published  at  the  expense  of  the  applicant. 
Such  notice  shall  be  published  in  a  newspaper  pubhshed  in 
the  city  or  town  in  which  the  premises  whereon  the  license 
is  intended  to  be  exercised  are  situated,  or  if  no  newspaper 
is  published  in  such  city  or  town,  then  in  some  newspaper 
pubhshed  in  the  county.  The  notice  shall  set  forth  the  name 
of  the  applicant  in  full,  the  kind  of  hcense  applied  for,  a  par- 
ticular description  of  the  premises  on  which  the  license  is 
intended  to  be  exercised,  designating  the  building  or  part  of 
the  building  to  be  used  and,  if  practicable,  the  street  and 
number.  No  apphcation  shall  be  acted  upon  by  the  local 
licensing  authorities  until  ten  days  after  the  publication  of 
such  notice.  An  affidavit  of  the  person  making  such  publica- 
tion on  behalf  of  such  authorities,  together  with  an  attested 
copy  of  the  notice  published,  shall  be  filed  in  the  office  of 
such  authorities,  and  a  certified  copy  of  such  affidavit  shall 
be  prima  facie  evidence  that  such  notice  has  been  published 
in  accordance  with  this  section.  If  any  citizen  of  the  city 
or  town  within  which  any  such  license  is  issued  makes  com- 
plaint in  writing  to  the  commission  that  such  license  was 
granted  without  such  previous  publication,  and  after  due 
hearing  it  appears  that  such  publication  was  not  made  as 
aforesaid,  the  commission  shall  revoke  the  license  and  give 
notice  of  such  revocation  to  the  authorities  issuing  the 
license. 

Every  appHcant  for  an  original  license  under  section  twelve, 
fifteen  or  thirty  A,  or  for  a  transfer  of  such  a  license  from  one 
location  to  another,  or  some  one  in  his  behalf,  shall,  within 
three  days  after  publication  as  hereinbefore  provided,  cause 
a  copy  of  the  published  notice  to  be  sent  by  registered  mail 
to  each  of  the  persons  appearing  upon  the  assessors'  most 
recent  valuation  list  as  the  owners  of  the  property  abutting 
on  the  premises  where  the  license  is  intended  to  be  exercised 
and,  if  a  school,  which  gives  not  less  than  the  minimum 
instruction  and  training  to  children  of  compulsory  school  age 
required  by  chapter  seventy-one,  or  a  church  or  hospital,  is 
located  within  a  radius  of  five  hundred  feet  from  said  prem- 
ises, to  such  school,  church  or  hospital.  An  affidavit  of  the 
applicant  or  of  the  person  mailing  such  notice  in  his  behalf, 
together  with  an  attested  copy  of  the  notice  mailed,  shall  be 
filed  in  the  office  of  the  local  licensing  authorities,  and  a 
certified  copy  of  such  affidavit  shall  be  prima  facie  evidence 
that  such  notice  has  been  mailed  in  accordance  with  this 
section.  If  any  abutter  or  the  authorities  in  charge  of  any 
such  school,  church  or  hospital  shall  make  complaint  in 
writing  to  the  local  Ucensing  authorities  that  such  Hcense 


490 


Acts,  1939.  —  Chap.  415. 


was  granted  or  transferred  hereunder  without  such  notice 
having  been  mailed  to  him  or  them  as  required  hereby,  and 
after  due  hearing  it  appears  that  such  notice  was  not  mailed 
as  aforesaid,  the  local  licensing  authorities  may  revoke  the 
license.  Any  person  who  has  filed  a  complaint  with  the  local 
licensing  authorities  under  this  section  who  is  aggrieved  by 
the  action  of  such  authorities  in  refusing  to  revoke  a  license 
hereunder  or  by  their  failure  to  act  upon  such  a  complaint 
within  a  period  of  thirty  days  may  appeal  to  the  commission 
in  writing  within  five  days  following  receipt  of  written  notice 
of  such  action  or  within  five  days  following  the  expiration  of 
the  thirty  day  period,  and  the  commission  may,  after  hear- 
ing, revoke  such  a  license  and  in  such  event,  shall  send  notice 
of  the  revocation  to  the  local  licensing  authorities.  Nothing 
herein  contained  shall  be  construed  to  prohibit  a  licensee 
whose  license  has  been  revoked  by  the  local  licensing  au- 
thorities under  authority  contained  in  this  section  from 
appealing  to  the  commission  as  provided  in  section  sixty- 
seven.  Approved  August  3,  1939. 


G.  L.  (Ter. 
Ed.).  112,  §  2, 
etc.,  amended. 


Examination 
of  aliens  as 
physicians. 
Registration. 


ChapA15  An  Act  further  regulating  the  practice  of  medicine 

AND  dentistry  WITHIN  THE  COMMONWEALTH  BY  ALIENS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  one  hundred  and 
twelve  of  the  General  Laws,  as  amended,  is  hereby  further 
amended  by  adding  at  the  end  the  following  new  para- 
graph:— 

The  board  shall  examine  an  applicant  who  is  an  alien  only 
if  he  presents  to  it  a  certificate  from  the  court  in  which  he  shall 
have  filed  his  declaration  of  intention  to  become  a  citizen  of  the 
United  States,  or  from  the  Immigration  and  Naturalization 
Service  of  the  United  States,  showing  that  he  has  declared  his 
intention  to  become  such  a  citizen,  or  a  copy  of  such  declara- 
tion of  intention,  certified  bj-  the  clerk  of  such  court.  In  case 
the  applicant  is  subsequently  registered,  unless  he  shall  pre- 
sent to  the  board,  within  five  years  following  the  filing  of  the 
certificate  or  certified  copy  hereinbefore  referred  to,  his 
completed  naturalization  papers  showing  that  he  is  a  citizen 
of  the  United  States  his  certificate  of  registration  shall  be 
revoked  and  his  registration  cancelled.  The  foregoing  pro- 
visions of  this  paragraph  shall  not  apply  to  limited  registra- 
tion under  .section  nine  or  section  nine  A  or  to  any  alien 
physician  of  distinguished  merit  and  ability,  duly  licensed 
to  practice  his  profession  in  any  foreign  country  wherein 
the  requirements  for  the  issuance  of  such  a  license  are  not 
substantially  lower  than  those  of  this  commonwealth,  while 
he  is  temporarily  teaching  in  this  commonwealth  in  a  medi- 
cal school  approved  by  the  approving  authority. 

Section  2.  Section  forty-five  of  said  chapter  one  hun- 
dred and  twelve,  as  amended  by  section  eighteen  of  chapter 
one  hundred  and  eighty  of  the  acts  of  nineteen  hundred 


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


Acts,  1939.  —  Chap.  415.  491 

and  thirty-two,  is  hereby  further  amended  by  adding  at  the 
end  the  following  new  paragraph :  — 

The  board  shall  examine  an  applicant  who  is  an  alien  only  Examination 
if  he  presents  to  it  a  certificate  from  the  court  in  which  he  dintisfs^.  ^^ 
shall  have  filed  his  declaration  of  intention  to  become  a  citi-  Registration. 
zen  of  the  United  States,  or  from  the  Immigration  and  Natu- 
ralization Service  of  the  United  States,  showing  that  he  has 
declared  his  intention  to  become  such  a  citizen,  or  a  copy  of 
such  declaration  of  intention,  certified  by  the  clerk  of  such 
court.    In  case  the  applicant  is  subsequently  registered,  unless 
he  shall  present  to  the  board,  within  five  years  following  the 
filing  of  the  certificate  or  certified  copy  hereinbefore  referred 
tO;  his  completed  naturalization  papers  showing  that  he  is 
a  citizen  of  the  United  States  his  certificate  of  registration 
shall  be  revoked  and  his  registration  cancelled.     The  fore- 
going provisions  of  this  paragraph  shall  not  apply  to  limited 
registration  under  section  fortj^-five  A. 

Section  3.  Every  aUen  applicant  for  registration  as  a  Re-examina- 
physician  or  dentist  who  has  been  examined  but  not  regis-  *'°"'  ''*''• 
tered,  and  has  not  exhausted  the  privilege  of  re-examination 
upon  his  appHcation,  prior  to  the  effective  date  of  this  act 
shall,  before  being  re-examined  or  again  re-examined,  as  the 
case  may  be,  and  in  any  case  within  one  year  following  said 
effective  date,  present  to  the  board  of  registration  in  medi- 
cine or  to  the  board  of  dental  examiners,  as  the  case  may  be, 
a  certificate  from  the  court  in  which  he  shall  have  filed  his 
declaration  of  intention  to  become  a  citizen  of  the  United 
States,  or  from  the  Immigration  and  Naturalization  Service 
of  the  United  States,  showing  that  he  has  declared  his  in- 
tention to  become  such  a  citizen,  or  a  copy  of  such  declara- 
tion of  intention,  certified  by  the  clerk  of  such  court.  In 
case  of  his  failure  so  to  present  such  certificate  or  certified 
copy  he  shall  not  be  entitled  to  be  re-examined  or  to  be  again 
re-examined,  as  the  case  may  be,  any  provision  of  section 
two  or  forty-five  of  chapter  one  hundred  and  twelve  of  the 
General  Laws  to  the  contrary  notwithstanding.  If  any  such 
appHcant  shall  comply  with  the  foregoing  provisions  of  this 
section  and  shall  thereafter  be  registered,  unless  he  shall 
present  to  the  board  of  registration  in  medicine  or  to  the 
board  of  dental  examiners,  as  the  case  may  be,  within  five 
years  following  the  presentation  thereto  of  the  certificate  or 
certified  copy  hereinbefore  referred  to,  his  completed  natu- 
rahzation  papers  showing  that  he  is  a  citizen  of  the  United 
States  his  certificate  of  registration  shall  be  revoked  and 
his  registration  cancelled. 

Every  aHen  physician  and  alien  dentist  registered  within 
the  commonwealth  prior  to  the  effective  date  of  this  act 
shall  within  one  year  following  said  effective  date  present  to 
the  board  of  registration  in  medicine  or  to  the  board  of 
dental  examiners,  as  the  case  may  be,  a  certificate  from  the 
court  in  which  he  shall  have  filed  his  declaration  of  intention 
to  become  a  citizen  of  the  United  States,  or  from  the  Immi- 
gration and  NaturaHzation  Service  of  the  United  States, 


§  3,  limited. 


492  Acts,  1939.  —  Chap.  416. 

showing  that  he  has  declared  his  intention  to  become  such 
a  citizen,  or  a  copy  of  such  declaration  of  intention,  certified 
by  the  clerk  of  such  court.  In  case  of  his  failure  so  to  pre- 
sent such  certificate  or  certified  copy  his  certificate  of  regis- 
tration and  registration  shall  be  suspended  until  he  presents 
such  certificate  or  certified  copy.  Upon  such  presentation 
such  suspension  shall  be  revoked  and  his  certificate  of  regis- 
tration shall  be  reinstated.  Unless  such  physician  or  dentist 
shall  present  to  the  board,  within  five  years  following  the 
presentation  hereunder  of  the  certificate  or  certified  copy 
hereinbefore  referred  to,  his  completed  naturalization  papers 
showing  that  he  is  a  citizen  of  the  United  States  his  certificate 
of  registration  shall  be  revoked  and  his  registration  cancelled. 
The  foregoing  provisions  of  this  section  shall  not  apply 
to  limited  registration  under  section  nine,  nine  A  or  forty- 
five  A  of  chapter  one  hundred  and  twelve  of  the  General 
Laws. 
Application  of  SECTION  4.  Sectiou  three  of  this  act  shall  not  apply  to 
any  alien  physician  of  distinguished  merit  and  ability,  duly 
hcensed  to  practice  his  profession  in  any  foreign  country 
wherein  the  requirements  for  the  issuance  of  such  a  Hcense 
are  not  substantially  lower  than  those  of  this  commonwealth, 
while  he  is  temporarily  teaching  in  this  commonwealth  in  a 
medical  school  approved  by  the  approving  authority,  as  such 
term  is  defined  in  section  two  of  chapter  one  hundred  and 
twelve  of  the  General  Laws.         Approved  August  3,  1939. 


ChapAlQ  An  Act  requiring  the  licensing  of  recreational  camps, 

OVERNIGHT   CAMPS    OR   CABINS   AND    TRAILER   CAMPS. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Chapter  one  hundred  and  forty  of  the  General  Laws  is 

f§  32aTo  32E,  hereby  amended  by  inserting  after  section  thirty-two,  as  ap- 
inserted.  peariug  in  the  Tercentenary  Edition,  the  following  five  new 

sections,  under  the  caption  recreational  camps,  overnight 

Overnight  CAMPS  OR  CABINS  AND  TRAILER  CAMPS :  —  SectlOn  32 A .      No 

person  shall  conduct,  control,  manage  or  operate,  directly  or 
indirectly,  any  recreational  camp,  overnight  camp  or  cabin 
or  trailer  camp  unless  he  is  the  holder  of  a  license  granted 
under  the  following  section. 
Locai^board  Scction  32B.    The  board  of  health  of  any  city  or  town,  in 

LueUoenses.  each  instaucc  after  notice  and  a  hearing,  may  grant,  and 
may  suspend  or  revoke,  licenses  for  recreational  camps,  over- 
night camps  or  cabins  or  trailer  camps  located  within  such 
city  or  town,  which  hcense,  unless  previously  suspended  or 
revoked,  shall  expire  on  December  thirty-first  in  the  year 
of  issue.  The  fee  for  such  hcense  shall  be  fifty  cents.  Such 
board  of  health  shall  at  once  notify  the  state  department  of 
public  health  of  the  granting  of  such  a  license,  and  said  de- 
partment shall  have  jurisdiction  to  inspect  the  premises  so 
hcensed  to  determine  that  the  sources  of  water  supply  and 
the  works  for  the  disposition  of  the  sewage  of  such  premises 


camps,  etc 
to  be  licensed. 


Acts,  1939.  —  Chap.  417.  493 


are  sanitary.  If  upon  inspection  of  such  premises  said  de- 
partment finds  the  sources  of  water  supply  to  be  polluted  or 
the  works  for  the  disposition  of  the  sewage  to  be  insanitary, 
or  both  of  such  conditions,  said  department  shall  forthwith 
notify  such  board  of  health  to  that  effect  by  registered  mail 
and  said  board  shall  forthwith  prevent  the  use  of  any  water 
supply  found  by  said  department  to  be  polluted.  Unless  such 
licensee  shall,  within  thirty  days  following  the  giving  of  such 
notice,  correct  the  conditions  at  such  premises  to  the  satis- 
faction of  both  said  department  and  such  board  the  license 
so  granted  shall  be  suspended  or  revoked  by  such  board. 
Any  license  so  suspended  may  be  reinstated  by  such  board 
when  the  conditions  at  such  premises,  as  to  sources  of  water 
supply  and  works  for  the  disposition  of  sewage,  are  satisfac- 
tory to  said  department  and  such  board.  The  board  of 
health  of  a  city  or  town  may  adopt,  and  from  time  to  time 
alter  or  amend,  rules  and  regulations  to  enforce  this  section 
in  such  city  or  town. 

Section  32C.  Every  board  of  health  shall  from  time  to  inspections, 
time  examine  all  camps  and  cabins  Hcensed  by  it  under 
authority  of  section  thirty-two  B,  and  if,  upon  such  exami- 
nation, such  camp  or  cabin  is  found  to  be  in  an  unsanitary 
condition,  said  board  of  health  may,  after  notice  and  a  hear- 
ing, suspend  or  revoke  the  license. 

Section  S2D.     Whoever  conducts,   controls,  manages  or  Rules,  etc., 
operates  any  camp  or  cabin  Hcensed  under  section  thirty-  *°  beiposted. 
two  B  shall  post  in  a  conspicuous  place  near  the  entrance 
to  every  such  camp  or  cabin  a  copy  of  the  rules  and  reg- 
ulations  adopted  thereunder,  as  most  recently  altered  or 
amended. 

Section  32E.     Whoever  conducts,   controls,  manages  or  Penalty, 
operates  any  camp  or  cabin  subject  to  sections  thirty-two  A 
to  thirty-two  C,  inclusive,  which  is  not  Hcensed  under  sec- 
tion thirty-two  B,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  doUars. 

Approved  August  3,  1939. 


ChapA17 


An  Act  further  extending  the  provisions  of  certain 
enabling  acts  so  that  the  commonwealth  may  ac- 
cept and  use  for  public  projects  certain  federal 

FUNDS. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^;^f;;f^i"^5^ 
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.  Wherever  in  chapter  three  hundred  and 
sixty-five  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
reference  is  made  to  the  National  Industrial  Recovery  Act 
or  any  title  or  part  thereof,  or  to  the  Emergency  ReHef 


494  Acts,  1939.  —  Chap.  417. 

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-nine, 
nineteen  hundred  and  forty  and  nineteen  hundred  and  forty- 
one,  authorizing  grants  or  loans,  or  both,  of  federal  funds  for 
pubhc  projects. 

Section  2.  Section  two  of  said  chapter  three  hundred 
and  sixty-five,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  eighty  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  further  amended  by  in- 
serting after  the  word  "grant"  in  the  thirteenth  fine  and 
the  first  time  it  appears  in  the  forty-first  line,  in  each  in- 
stance, the  words:  —  or  loan,  —  so  as  to  read  as  follows:  — 
Section  2.  The  commonwealth  may  engage  in  any  pubhc 
works  project  included  in  any  "comprehensive  program  of 
public  works"  prepared  under  section  two  hundred  and  two 
of  Title  II  of  the  National  Industrial  Recovery  Act  and  in 
any  pubhc  project  falling  within  one  or  more  of  the  classes 
of  projects  for  which  an  appropriation  of  federal  funds  has 
been  made  available  by  section  one  of  the  joint  resolution 
of  Congress  known  as  the  Emergency  Relief  Appropriation 
Act  of  nineteen  hundred  and  thirty-five,  but  only  in  case 
such  project  is  approved,  as  hereinafter  provided,  by  the 
commission  and  by  the  governor  and  in  case  the  proper 
federal  authorities  have  approved  a  grant  or  loan  therefor 
of  federal  money;  provided,  that  such  approval  by  the  com- 
mission or  by  the  governor  shall  not  be  granted  for  any 
project  which  will  cause  the  aggregate  expenditure  hereunder 
to  be  in  excess  of  twenty-five  million  dollars;  and  provided, 
further,  that  out  of  such  sum  not  more  than  ten  million  dol- 
lars shall  be  expended  for  the  construction,  reconstruction 
and  resurfacing  of  roads  and  for  projects  similar  to  those 
enumerated  in  section  two  hundred  and  four  of  said  Title  II. 
All  projects  for  the  construction,  reconstruction  or  resurfac- 
ing of  roads  and  the  construction  of  sewers  shall  be  done  by 
human  labor,  except  in  so  far  as  machinery  is,  in  the  opinion 
of  the  state  or  federal  officer  or  department  having  charge 
of  the  project,  reasonably  necessary,  and  the  wages  for  such 
labor  shall  not  be  less  than  the  prevaiHng  rate  of  wages  as 
established  by  the  federal  government.  Nothing  contained 
in  this  act  shall  be  construed  to  prevent  the  commonwealth 
from  engaging  hereunder  in  any  project  for  which  funds 
have  already  been  appropriated  in  whole  or  in  part,  if  such 
project  shall  be  approved  as  herein  required.  Such  projects, 
so  approved,  shall  be  carried  out  in  all  respects  subject  to 
the  provisions  of  said  Title  II  and  of  said  Emergency  Relief 
Appropriation  Act  and  to  such  terms,  conditions,  rules  and 
regulations,  not  inconsistent  with  the  applicable  federal  laws 
and  regulations,  as  the  commission  may  establish,  with  the 
approval  of  the  governor,  to  ensure  the  proper  execution  of 
such  projects.  The  commonwealth  may  accept  and  use  for 
carrying  out  any  projects  so  approved  any  grant  or  loan, 
or  any  grant  and  loan,  of  federal  funds  under  section  two 


Acts,  1939.  —  Chaps.  418,  419.  495 

hundred  and  three  of  said  Title  II  or  under  said  Emergency 
ReHef  Appropriation  Act  and,  for  the  purpose  only  of  carry- 
ing out  such  projects  except  as  provided  in  section  two  A, 
may  from  time  to  time  borrow  from  the  United  States  of 
America  or  other  sources,  or  both,  on  the  credit  of  the  com- 
monwealth such  sums,  not  exceeding,  in  the  aggregate, 
seventeen  million  dollars,  exclusive  of  amounts  borrowed  for 
repurchase  of  obhgations  under  said  section  two  A,  as  may 
be  required,  and  may  issue  bonds,  notes  or  other  forms  of 
written  acknowledgment  of  debt,  referred  to  in  this  act  as 
obligations. 

In  anticipation  of  the  sale  of  obligations  issued  under  this 
section,  the  state  treasurer  may  from  time  to  time,  with  the 
approval  of  the  governor,  pay  from  the  Highway  Fund, 
without  appropriation,  any  of  the  expenses  of  carrying  out 
any  projects  authorized  by  this  act;  but  all  money  so  paid 
from  said  fund  shall  be  repaid  to  such  fund  out  of  the  pro- 
ceeds of  obhgations  issued  and  sold  under  this  section  or 
under  said  section  two  A.  Approved  August  3,  1939. 

An  Act  further  extending  the  powers  and  duties  of  Qhn^  41c 

THE    EMERGENCY   PUBLIC    WORKS   COMMISSION.  ' 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 

1  r-  ••1111  iji        preamble. 

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

Be  it  enacted,  etc.,  as  follows: 

If  further  federal  appropriations  are  authorized  for  aiding 
in  the  construction  of  state  projects  during  the  year  nineteen 
hundred  and  thirty-nine  or  the  year  nineteen  hundred  and 
forty,  or  both  said  years,  the  emergency  public  works  com- 
mission is  hereby  authorized  to  make  applications  for  grants 
for  such  assistance  for  any  project  for  which  the  general 
court  may  have  made  an  appropriation  and,  with  the  ap- 
proval of  the  governor,  to  accept  any  such  grant  in  the  name 
of  the  commonwealth;  and  in  relation  thereto  said  commis- 
sion shall  have  all  the  powers  and  duties  hitherto  conferred 
and  imposed  upon  it  by  chapter  three  hundred  and  sixty- 
five  of  the  acts  of  nineteen  hundred  and  thirty-three  and 
acts  in  amendment  thereof  and  in  addition  thereto.  Nothing 
herein  shall  be  construed  as  affecting  the  powers  and  duties 
of  the  department  of  public  works  with  respect  to  the  appli- 
cation for  and  acceptance  of  federal  funds. 

Approved  August  3,  1939. 

An  Act  providing  for  the  ultimate  abolition  of  re-  r*/.^-^  410 

SERVE     FORCES     IN     POLICE     AND     FIRE     DEPARTMENTS     OF  ^  '      , 

certain    cities   and    TOWNS,    AND    RELATIVE    TO    APPOINT- 
MENTS  AND   PROMOTIONS   IN   SUCH   DEPARTMENTS. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  ^^^^"^ 


496 


Acts,  1939.  —  Chap.  419. 


G.  L.  (Ter. 
Ed.),  48,  §  o9E, 
inserted. 


Reserve  fire 
force  subject 
to  civil  service. 


G.  L.  (Ter. 
Ed.),  147, 
§§ 13B  and 
13C,  inserted. 


Reserve  police 
force  subject 
to  civil  service 
in  cities. 


Same  subject 
in  towns. 


G.  L.  (Ter. 
Ed.),  31, 
§  20,  etc., 
amended. 


Appointments 
and  promo- 
tions to  police 
and  fire  de- 
partments 
in  cities. 


an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubHc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  forty-eight  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  fifty-nine  D,  as 
appearing  in  the  Tercentenary  Edition,  the  following  new 
section,  under  the  caption  reserve  fire  forces  in  cities 
AND  TOWNS :  —  Section  59E.  In  any  city  which  has  accepted 
sections  fifty-nine  B  to  fifty-nine  D,  inclusive,  and  accepts 
this  section,  and  in  any  city  or  town  which  has  a  reserve 
force  of  firemen  under  authority  of  special  law  and  accepts 
this  section,  no  person  shall,  after  the  date  of  acceptance  of 
this  section,  be  appointed  to  the  reserve  force  of  firemen 
thereof  unless  appointments  to  such  force  are  subject  to 
chapter  thirty-one  and  the  name  of  such  person  shall  have 
been  placed,  on  or  before  said  date,  on  an  eligible  list  estab- 
lished under  said  chapter  and  the  rules  made  thereunder  for 
such  appointments. 

Section  2.  Chapter  one  hundred  and  forty-seven  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
thirteen  A,  as  so  appearing,  the  two  following  new  sections, 
under  the  caption  reserve  police  forces  in  cities  and 
towns:  —  Section  ISB.  In  any  city  which  has  accepted 
sections  eleven  to  thirteen,  inclusive,  or  the  corresponding 
provisions  of  earlier  laws,  or  has  a  reserve  poHce  force  under 
authority  of  special  law,  and  accepts  this  section,  no  person 
shall,  after  the  date  of  acceptance  of  this  section,  be  ap- 
pointed to  the  reserve  police  force  thereof  unless  the  name  of 
such  person  shall  have  been  placed,  on  or  before  said  date, 
on  an  eligible  list  established  under  chapter  thirty-one  and 
the  rules  made  thereunder  for  such  appointments. 

Section  ISC.  .  In  any  town  which  has  accepted  section 
thirteen  A,  or  has  a  reserve  police  force  under  authority  of 
special  law,  and  accepts  this  section,  no  person  shall,  after 
the  date  of  acceptance  of  this  section,  be  appointed  to  the 
reserve  poHce  force  thereof  unless  appointments  to  such 
force  are  subject  to  chapter  thirty-one  and  the  name  of  such 
person  shall  have  been  placed,  on  or  before  said  date,  on  an 
eligible  list  established  under  chapter  thirty-one  and  the 
rules  made  thereunder  for  such  appointments. 

Section  3.  Chapter  thirty-one  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twenty,  as  amended 
by  section  twenty-five  of  chapter  two  hundred  and  thirty- 
eight  of  the  acts  of  the  current  year,  and  iniserting  in  place 
thereof  the  following: —  Section  20.  Appointments  and  pro- 
motions in  such  police  forces  and  fire  forces  of  cities  and 
towns  as  are  within  the  classified  civil  service  shall  be 
made  only  by  competitive  civil  service  examination,  except 
as  otherwise  provided  in  this  chapter,  or  in  the  rules  of  the 
commission  relative  to  temporary  or  emergency  appoint- 
ments. No  such  examination  shall  be  held  until  there  are 
at  least  four  appHcants  for  appointment  or  promotion  for 


Acts,  1939.  —  Chap.  420.  497 

one  existing  vacancy,  except  as  to  applicants  for  appoint- 
ment to  the  lowest  grade.  In  making  appointments  or  pro- 
motions to  all  grades  of  service  other  than  the  lowest,  the 
examination  and  appointment  shall  be  limited  to  persons  of 
the  next  lower  rank;  but  if  the  number  of  applicants  for 
examination  in  such  lower  rank  is  not  sufficient  to  hold  an 
examination,  the  next  lower  ranks  shall  in  succession  be 
thrown  open  to  the  examination  until  at  least  the  necessary 
number  have  apphed.  Approved  August  S,  1939. 

An  Act  authorizing  and  regulating  certain  investi-  Cha7)A20 

CATIONS  AND  INQUIRIES  BY  THE  DIVISION  OF  CIVIL  SERV- 
ICE, AND  PROVIDING  THAT  CERTAIN  RECORDS  AND  FILES 
OF  THE  COMMONWEALTH  AND  CERTAIN  CITIES  AND  TOWNS 
BE    PUBLIC   RECORDS. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-one  of  the  General  Laws  is  g.  l.  (Ter. 
hereby   amended   by   striking   out   section   thirty-two,    as  §'32,' etc.. 
amended  by  section  thirty-six  of  chapter  two  hundred  and  a^'^^nded. 
thirty-eight  of  the  acts  of  the  current  year,  and  inserting  in 
place  thereof  the  following :  —  Section  32.    In  any  investi-  summoning 
gation  or  inquiry  the  commission  or  director  may  summon  '''*"''^^^^'  ^^''■ 
witnesses,  administer  oaths  and  take  testimony.     Fees  for 
such  witnesses  shall  be  the  same  as  for  witnesses  before  the 
courts  in  civil  actions,  and  shall  be  paid  from  the  appropria- 
tion for  incidental  expenses. 

Section  2.     Said   chapter  thirty-one  is  hereby  further  q.  l.  (Xer. 
amended  by  inserting  after  section  thirty-two,  as  amended,  f 3'2Afm- 
the  following  new  section :  —  Section  32 A .    All  records  and  ^^''^ed. 
files  of  any  officer,  commission  or  board  of  the  common-  p^'^^''^  records. 
wealth  or  of  any  city  or  town  having  power  to  appoint  and 
employ  persons  to  any  office  or  position  to  which  this  chap- 
ter and  the  rules  and  regulations  made  thereunder  apply 
shall,  in  so  far  as  said  records  and  files  relate  to  employees 
within  the  classified  civil  service,  be  pubhc  records. 

Section  3.     Said  chapter  thirty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  thirty-three,  as  amended  by  ftt! 'amended, 
section  thirty-seven  of  said  chapter  two  hundred  and  thirty- 
eight,  and  inserting  in  place  thereof  the  following :  —  Sec-  investigation 
tion  S3.    On  request  of  any  appointing  power  in  respect  to  slrvke!'^'''^ 
officers  or  employees  by  it  appointed,  the  commission  or 
director  shall,  and  the  commission  or  director  may  at  any 
time  without  such  request,  inquire  into  the  efficiency  and 
conduct  of  any  officer  or  employee  in  the  classified  civil 
service,  and  may  recommend  to  the  appointing  power  the 
removal  of  any  such  officer  or  employee,  or  make  other  ap- 
propriate recommendations. 


498  Acts,  1939.  —  Chaps.  421,  422. 

Ed)'.'3i!l'34,  Section  4.  Said  chapter  thirty-one  is  hereby  further 
etc.,  amended',  amended  by  striking  out  section  thirty-four,  as  amended  by 
section  thirty-eight  of  said  chapter  two  hundred  and  thirty- 
investigation  eight,  and  inserting  in  place  thereof  the  following :  —  Sec- 
compensation,  twn  3 If.  The  commission  or  director  may  investigate  in 
^*''-  whole  or  in  part  the  classified  civil  service,  and  the  work, 

duties  and  compensation  of  the  officers  and  employees 
therein,  and  the  number  employed,  and  the  grades,  titles, 
ratings  and  methods  of  promotion  established,  and  may 
report  thereon  to  the  governor  or  to  the  general  court. 

Approved  August  3,  1939. 

ChapA21  An  Act  co-ordinating  certain  functions  of  the  de- 
partment OF  AGRICULTURE  AND  OF  THE  MILK  CONTROL 
BOARD  PERTAINING  TO  THE  BONDING  OF  MILK  DEALERS. 

prTambfe*^^  WJiereds,    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.  For  the  purpose  of  co-ordinating  the  func- 
tions of  the  department  of  agriculture  and  of  the  milk  con- 
trol board  relating  to  the  bonding  of  milk  dealers,  and  of 
carrying  out  more  effectively  and  economically  the  provi- 
sions of  sections  forty-two  A  to  forty-two  K,  inclusive,  of 
chapter  ninety-four  of  the  General  Laws,  the  commissioner 
of  agriculture  shall  make  available  to  said  milk  control  board 
all  records  and  information  relative  to  the  bonding  of  milk 
dealers,  and  may  assign  the  bonding  investigators  of  said 
department  of  agriculture  to  the  service  of  said  milk  control 
board.  All  expenses  incurred  in  the  administering  of 
said  sections  forty-two  A  to  forty-two  K,  inclusive,  shall 
be  charged  to  and  paid  from  appropriations  made  for  the 
service  of  said  milk  control  board. 

Section  2.  This  act  shall  be  operative  only  during  the 
existence  of  the  milk  control  board. 

Approved  August  3,  1939. 

Chap. A22  An  Act  relative  to  the  payment  of  compensation  to 
employees  in  the  civil  service  and  to  the  making  of 
certain  reports  pertaining  thereto. 

^rTambfe*^^  TF/iereas,    The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 

Ed^'sTl'si        Section  1.     Chapter  thirty-one  of  the  General  Laws  is 

etc!, 'amended',    hereby    amended    by   striking    out    section    thirty-one,    as 

amended  by  section  thirty-five  of  chapter  two  hundred  and 


Acts,  1939.  —  Chap.  422.  499 


thirty-eight  of  the  acts  of  the  current  year,  and  inserting  in 
place  thereof  the  following:  —  Section  SI.  The  officer  or  Municipal 
board  having  power  in  any  city  or  town  subject  to  this  °i!lke'^?eports. 
chapter  to  appoint  or  employ  persons  in  any  department 
thereof  to  which  this  chapter  and  the  rules  thereunder  apply 
shall,  within  seven  days  after  the  receipt  of  a  written  request 
therefor  made  bj'-  the  commission  or  the  director,  make  and 
file  with  said  commission  or  the  director  and  with  the  audi- 
tor or  officer  whose  duty  it  is  to  audit  the  accounts  of  such 
appointing  or  employing  oflScer  or  board,  a  report  contain- 
ing the  names  of  all  persons  who  have  been  appointed  or 
employed  by  such  appointing  or  employing  officer  or  board 
or  who  have  received  pay  or  rendered  bills  for  services  or 
labor  rendered  or  performed  during  the  calendar  month 
next  preceding  the  date  of  the  filing  of  such  request.  Said 
reports  shall  be  in  the  form  prescribed  by  the  commission 
or  the  director,  shall  be  made  on  oath,  and  shall  contain  the 
following  information:  first,  name  of  person  appointed  or 
employed  or  rendering  bill  for  services  or  labor;  second, 
nature  and  brief  description  of  the  services  or  labor  which 
such  person  has  actually  rendered  or  performed  during  said 
month;  third,  title  of  the  office  or  employment  of  such  per- 
son as  stated  in  the  pay  rolls  of  the  department;  fourth,  the 
regular  salary  or  wages  of  the  appointee  or  employee;  fifth, 
all  other  payments  of  any  kind  made  to  the  appointee  or 
employee  during  said  month;  provided,  that  such  appoint- 
ing or  employing  officer  or  board  shall  not  be  required  to 
file  in  any  month  more  than  one  such  report  with  the  com- 
mission or  the  director  and  one  with  the  auditor  or  auditing 
officer.  The  reports  in  the  office  of  the  auditor  or  auditing 
officer  shall  be  open  to  public  inspection. 

The  supreme  judicial  court  by  mandamus  or  other  appro- 
priate remedy  in  law  or  in  equity,  upon  suit  or  petition  of 
the  commission  or  of  the  director,  may  compel  any  such 
appointing  or  employing  officer  or  board  in  any  such  city  or 
town  to  comply  with  this  section. 

Every  appointing  or  employing  officer,  or,  in  the  case  of 
a  board,  every  member  thereof,  who  wilfully  refuses  to  com- 
ply with  this  section  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars. 

Section  2.     Said   chapter  thirty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  inserting  after  section  thirty-one,  as  amended,  i^siXi^iA- 
the  following  new  section:  —  Section  31  A.      Every  state  ofl&-  serted. 
cer,  department,  board  or  commission  or  head  thereof  hav-  Reports  to 

...  ,  .  1-1, 1.      commissioner. 

mg  power  to  appomt  or  employ  persons  to  which  this 
chapter  and  the  rules  thereunder  apply  shall,  within  seven 
days  after  the  receipt  of  a  written  request  therefor  made  by 
the  commission  or  the  director,  make  and  file  with  the  com- 
mission or  the  director  and  with  the  state  auditor  a  report 
containing  the  names  of  all  persons  who  have  been  ap- 
pointed or  employed  by  such  officer,  department,  board  or 
commission  who  have  received  pay  or  rendered  bills  for 
services  or  labor  rendered  or  performed  during  the  calendar 


500 


Acts,  1939.  —  Chap.  422. 


G.  L.  (Ter. 
Ed.),  31, 
§  38,  etc., 
amended. 


Enforcement 
of  law  and 
rule.s. 


month  next  preceding  the  date  of  the  fihng  of  such  request. 
Said  reports  shall  be  made  on  oath  and  shall  contain  the 
following  information:  first,  name  of  person  appointed  or 
employed,  or  rendering  bill  for  services  or  labor;  second, 
nature  and  brief  description  of  the  services  or  labor  which 
such  person  has  actually  rendered  or  performed  during  said 
month;  third,  title  of  the  office  or  employment  of  such  per- 
son as  stated  in  the  pay  rolls  of  the  officer,  department,  board 
or  commission;  fourth,  the  regular  salary  or  wages  of  the 
appointee  or  employee;  fifth,  all  other  payments  of  any 
kind  made  to  the  appointee  during  said  month;  provided, 
that  such  appointing  or  employing  officer,  department, 
board  or  commission  shall  not  be  required  to  file  in  any 
month  more  than  one  such  report  with  the  commission  or 
the  director  and  one  with  the  state  auditor.  The  reports  in 
the  office  of  the  state  auditor  and  of  the  commission  and  of 
the  director  shall  be  open  to  public  inspection. 

The  supreme  judicial  court,  by  mandamus  or  other  ap- 
propriate remedy  in  law  or  in  equity,  upon  suit  or  petition 
of  the  commission  or  the  director,  may  compel  any  such 
appointing  or  employing  officer,  board  or  commission  to 
comply  with  this  section. 

Every  appointing  or  employing  officer,  or,  in  the  case  of 
a  board  or  commission,  every  member  thereof,  who  wilfully 
refuses  to  comply  with  this  section  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars. 

Section  3.  Said  chapter  thirty-one  is  hereby  further 
amended  by  striking  out  section  thirty-eight,  as  amended 
by  section  forty-one  of  said  chapter  two  hundred  and 
thirty-eight,  and  inserting  in  place  thereof  the  following:  — 
Section  38.  If,  in  the  opinion  of  the  director,  a  person  is 
appointed  or  employed  in  the  classified  public  service  in 
violation  of  any  provision  of  this  chapter  or  of  any  rule  or 
regulation  made  thereunder,  the  commission  or  the  director 
shall,  after  notice  in  writing  mailed  to  the  appointing  or 
employing  officer,  department,  board  or  commission,  and 
to  such  person,  notify  in  writing  the  treasurer,  auditor  or 
other  officer  whose  duty  it  is  to  pay  the  salary  or  compensa- 
tion of  such  person,  or  to  authorize  the  drawing,  signing  or 
issuing  of  any  warrant  therefor;  and  the  payment  of  any 
salary  or  compensation  to  such  person  shall  cease  at  the 
expiration  of  one  week  after  the  mailing  of  the  notice  to  such 
treasurer,  auditor  or  other  officer,  and  no  such  officer  shall 
pay  any  salary  or  compensation  to  such  person,  or  draw, 
sign  or  issue,  or  authorize  the  drawing,  signing  or  issuing, 
of  any  warrant  therefor,  until  the  legality  of  such  appoint- 
ment or  employment  is  duly  estabhshed. 

Approved  August  S,  1939. 


Acts,  1939.  —  Chap.  423.  501 


An  Act  relative  to  certain  county,  city,  town  and  nhnry  428 

DISTRICT  LOANS  FOR  FEDERAL  AID  PROJECTS,  SO  CALLED.  ^  ' 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  four  of  the  acts  of 
nineteen  hundred  and  thirty-five  is  hereby  amended  by  strik- 
ing out  section  nine,  as  amended  by  section  one  of  chapter 
fifty  of  the  acts  of  nineteen  hundred  and  thirty-eight,  and 
inserting  in  place  thereof  the  following :  —  Section  9.  Wher- 
ever, in  Part  I  of  chapter  three  hundred  and  sixty-six  of  the 
acts  of  nineteen  hundred  and  thirty-three,  and  acts  in  amend- 
ment 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,  nineteen  hundred  and  thirty-eight,  nineteen 
hundred  and  thirty-nine  and  nineteen  hundred  and  forty, 
authorizing  grants  or  loans  of  federal  money  for  public 
projects. 

Section  2.  Part  I  of  chapter  three  hundred  and  sixty- 
six  of  the  acts  of  nineteen  hundred  and  thirty-three  is  hereby 
amended  by  striking  out  section  two,  as  most  recently 
amended  by  chapter  eighty-three  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following :  —  Section  2.  Any  county,  except  Suffolk  or  Nan- 
tucket, if  authorized  by  the  county  commissioners,  or  any 
city  or  town,  including  Boston  and  Worcester,  if  authorized 
by  a  two  thirds  vote  as  defined  in  section  one  of  chapter 
forty-four  of  the  General  Laws,  with  the  approval  of  the 
mayor  of  such  a  city,  may  engage  in  any  public  works 
project  included  in  any  "comprehensive  program  of  pubHc 
works"  prepared  under  section  two  hundred  and  two  of 
Title  II  of  the  National  Industrial  Recovery  Act  and  in 
any  useful  public  project  authorized  under  the  joint  resolu- 
tion of  Congress  known  as  the  Emergency  Relief  Appropria- 
tion Act  of  1935,  but  only  in  case  such  project  is  approved, 
as  hereinafter  provided,  by  the  board  and  by  the  governor 
and  in  case  the  proper  federal  authorities  have  approved  a 
grant  or  loan  therefor  of  federal  money  under  section  two 
hundred  and  three  of  said  Title  II  or  under  said  joint 
resolution,  as  the  case  may  be.  Such  projects,  so  approved, 
shall  be  carried  out  in  all  respects  subject  to  the  provisions 
of  said  Title  II  or  of  said  joint  resolution,  as  the  case  may 
be,  and  to  such  terms,  conditions,  rules  and  regulations,  not 
inconsistent  with  applicable  federal  laws  and  regulations,  as 


502  Acts,  1939.  —  Chap.  423. 

the  board  may  establish,  with  the  approval  of  the  governor, 
to  ensure  the  proper  execution  of  such  projects.  Any  such 
county,  city  or  town  may  accept  and  use  for  carrying  out 
any  project  so  approved  any  grant  or  loan,  or  any  grant  and 
loan,  of  federal  funds  under  section  two  hundred  and  three 
of  said  Title  II  or  under  said  joint  resolution,  as  the  case 
may  be;  and,  for  the  purpose  only  of  carrying  out  such 
project,  may  borrow  from  the  United  States  of  America  or 
other  sources,  or  both,  such  sums  as  may  be  fixed  by  the 
board  as  hereinafter  provided,  and  may  issue  bonds,  notes 
or  other  forms  of  written  acknowledgment  of  debt  for  such 
terms  and  carrying  interest  at  rates  not  exceeding  such  rates 
as  may  be  fixed  by  the  board  as  hereinafter  provided. 

Any  city  or  town  may  borrow  hereunder  for  projects  for 
which  borrowings  are  authorized  by  section  seven  of  said 
chapter  forty-four  and  for  other  projects  for  which  borrow- 
ings are  not  authorized  by  section  eight  of  said  chapter, 
amounts  not  exceeding  in  the  aggregate  outstanding  at  any 
one  time  one  per  cent  of  the  average  of  the  assessors'  valua- 
tion of  its  taxable  property  for  the  three  preceding  years, 
reduced  and  otherwise  determined  as  provided  in  section 
ten  of  said  chapter,  without  affecting  its  future  borrowing 
capacity,  and  in  addition,  after  such  limit  of  one  per  cent 
is  reached,  may  so  borrow  therefor  so  much  as  may  be  re- 
quired of  any  amount  within  its  debt  Hmit,  as  determined 
in  accordance  with  said  section  ten,  not  then  borrowed  or 
authorized  by  such  city  or  town  to  be  borrowed;  and  any 
city  or  town  may  borrow  hereunder  for  projects  of  any  class 
for  which  borrowings  are  authorized  by  section  eight  of  said 
chapter,  water  projects  being  treated  as  a  single  class  for 
the  purposes  hereof,  amounts  not  exceeding  in  the  aggregate 
outstanding  at  any  one  time  one  per  cent  of  the  last  pre- 
ceding assessed  valuation  of  such  city  or  town,  without  af- 
fecting its  future  borrowing  capacity,  and  in  addition,  after 
such  limit  of  one  per  cent  is  reached,  may  so  borrow  there- 
for so  much  as  may  be  required  of  any  amount  authorized 
by  said  section  eight  for  such  class  of  projects  not  then  bor- 
rowed or  authorized  by  such  city  or  town  to  be  borrowed, 
and  no  borrowing  hereunder  for  any  project  for  which  bor- 
rowings are  authorized  by  said  section  eight  shall  be  reck- 
oned in  determining  the  borrowing  capacity  of  such  city  or 
town  under  said  section  ten. 

In  case  a  loan  shall  represent  borrowings  both  within  and 
beyond  either  of  the  said  special  one  per  cent  Hmits,  and  such 
loan  shall  be  later  reduced,  through  the  retirement  of  bonds, 
notes  or  other  forms  of  written  acknowledgment  of  debt,  or 
otherwise,  such  reduction  shall  be  deemed  to  have  been 
made  wholly  in  respect  of  that  portion  of  the  loan  which 
represented  borrowing  beyond  the  said  special  one  per  cent 
limit  so  long  as  any  of  the  said  portion  remains  outstanding. 
In  fixing  the  periods  for  which  money  may  be  borrowed 
hereunder  for  projects  for  which  borrowings  are  not  author- 
ized by  said  chapter  forty-four,  the  board  shall  be  guided 


Acts,  1939.  —  Chap.  424.  503 

by  the  above  limitations  as  applied  to  the  provisions  of  said 
chapter  apphcable  to  Hke  projects. 

The  board  shall  fix  the  terms  of  and  maximum  rates  of 
interest  on  the  bonds,  notes  or  other  forms  of  written  ac- 
knowledgment of  debt  issued  hereunder;  which  terms  and 
rates  of  interest,  in  case  of  obligations  to  be  issued  to  the 
United  States  of  America,  shall  be  fixed  in  accordance  with 
the  applicable  federal  laws  and  regulations  and  subject  to 
the  approval  of  the  proper  federal  authorities.  All  the  pro- 
visions of  said  chapter  forty-four,  exclusive  of  the  limitation 
contained  in  the  first  paragraph  of  section  seven  thereof, 
that  no  loan  shall  be  authorized  unless  a  sum  equal  to  twenty- 
five  cents  on  each  one  thousand  dollars  of  the  assessed  valua- 
tion of  the  city  or  town  has  been  appropriated  or  voted  to 
be  raised  by  taxation,  shall  apply  to  any  borrowing  here- 
under by  any  city  or  town,  including  Boston  and  Worcester, 
except  as  hereinbefore  provided  and,  in  respect  of  any  bor- 
rowing from  the  United  States  of  America,  except  in  so  far 
as  such  provisions  of  law  may  be  in  conflict  with  apphcable 
federal  laws  and  regulations. 

Each  county,  city  or  town  seeking  the  approval  of  any 
projects  by  the  board  shall  submit  to  it  all  information  re- 
quired with  respect  to  the  financial  condition  of  such  county, 
city  or  town,  its  outstanding  indebtedness  within  and  with- 
out its  hmit  of  indebtedness,  if  any,  the  estimated  cost  of 
the  project,  the  alleged  necessity  therefor,  and  the  proposed 
method  of  financing  the  same.  In  granting  or  withholding 
its  approval,  the  board  shall  take  into  consideration,  among 
other  things,  the  necessity  of  the  proposed  project,  the  abil- 
ity of  such  county,  city  or  town  to  finance  the  same,  the 
extent  to  which  the  carrying  out  of  the  project  will  tend  to 
relieve  unemployment  and  the  extent  to  which  the  mainte- 
nance of  the  project  when  completed  will  tend  to  increase 
or  decrease  the  annual  expenditures  of  such  county,  city  or 
town  and  to  increase  or  decrease  the  tax  burden  upon  its 
inhabitants.  Approved  August  3,  1939. 


An  Act  relative  to  junior  colleges.  ChapA24 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  six  of  chapter  three  of  the  General  ^j^^j'^f^'g 
Laws,  as  amended  by  section  two  of  chapter  three  hundred  etc., 'an'iend'ed. 
and  sixty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  inserting  after  the 
word   "college"  in  the  third  fine  the  words: —  ,  junior  col- 
lege,—  and  by   inserting   after  the  word  "power"  in  the 
sixth  line  the  words :  —  ,  or  for  authority  to  use  the  desig- 
nation   of  junior   college,  —  so    as  to   read   as   follows:  — 
Section  6.    Any  petition  to  the  general  court  for  the  incor-  Filing,  etc., 
poration  of  a   college,  junior   college,   university  or  other  p^i'Sna^i 
educational  institution  with  power  to  grant  degrees,  or  for  institutions. 
an  amendment  to  the  charter  of  any  existing  educational  in- 


504  Acts,  1939.  —  Chap.  425. 

stitiition  which  will  give  it  such  power,  or  for  authority  to 
use  the  designation  of  junior  college,  which  is  seasonably 
filed  in  the  office  of  the  clerk  of  either  branch  and  is  accom- 
panied by  a  bill  embodying  in  substance  the  legislation  peti- 
tioned for,  shall,  with  said  accompanying  bill,  be  transmitted 
as  soon  as  may  be  by  the  clerk  of  the  branch  in  which  they 
were  filed  to  the  office  of  the  commissioner  of  education; 
and  said  commissioner  shall  forthwith  notify  the  petitioners 
of  the  requirements  of  this  section.  The  petitioners  shall 
give  notice  of  the  petition  by  pubhshing  a  copy  thereof  once 
in  each  of  three  successive  weeks  in  such  newspapers  as  said 
commissioner  may  designate,  the  last  publication  to  be 
made  not  more  than  twenty-four  days  after  the  date  of 
such  notification;  and  the  petitioners  shall,  not  later  than 
the  seventh  day  following  the  date  of  such  last  publica- 
tion, file  with  said  commissioner  satisfactory  evidence  that  a 
copy  of  the  petition  has  been  so  published.  Said  commis- 
sioner shall,  not  later  than  March  first  following,  return 
said  petition  and  bill  to  the  clerk  of  the  branch  in  which 
they  were  originally  filed,  together  with  his  recommenda- 
tions relative  thereto. 
G-|L.^Ten^  Section  2.  Said  chapter  three  is  hereby  further  amended 
inserted.  '  '  by  inserting  after  section  six,  as  amended,  the  following 
Junior  new  section:  —  Section  6 A.     Authority  to  use  the  designa- 

coiiege.  ^-Qj^  q£  junior  college  shall  be  granted  only  to  an  incor- 

porated educational  institution  which  has  power  to  grant 
the  degree  of  associate  in  arts  or  associate  in  science,  or  both 
such  degrees,  or  is  granted  such  power  by  the  act  author- 
izing the  use  of  the  designation  of  junior  college,  and  only 
if  the  commissioner  of  education,  after  due  notice  and 
hearing,  shall  have  determined  that  said  institution  has  a 
competent  faculty  and  adequate  equipment  and  gives  suit- 
able courses  of  instruction  of  at  least  two  years  in  prepa- 
ration for  the  degree  of  associate  in  arts  or  associate  in 
science,  as  the  case  may  be.  No  such  junior  college  shall  be 
empowered  to  grant  any  other  than  the  aforesaid  degrees. 
Section  3.  Nothing  in  section  one  or  two  shall  be  con- 
strued to  affect  any  authority  to  use  the  designation  of 
junior  college,  or  any  power  to  grant  degrees,  given  or 
granted  prior  to  the  effective  date  of  this  act. 

Approved  August  3,  1939. 


ChapA25  ^^  Act  revising  the  military  laws  of  the  common- 

wealth. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'sJ^''  Section  1.     The  General  Laws  are  hereby  amended  by 

stricken 'out,      striking  out  chapter  thirty-three,  as  amended,  and  inserting 
tef inseTted^'"   in  place  thereof  the  following  chapter:  — 


Acts,  1939.  —  Chap.  425.  505 


Chapter  33. 
Militia. 

Section  1.  In  this  chapter,  except  as  otherwise  provided  Definitions. 
herein,  the  word  "soldier"  or  the  words  "enhsted  man" 
shall  include  all  persons,  except  commissioned  officers  and 
warrant  officers,  in  the  organized  militia,  and  the  word 
"company"  shall  include  battery,  troop,  naval  division,  and 
such  other  units  as  may  be  determined  by  the  commander- 
in-chief  to  come  under  such  designation. 

Section  2.  The  mihtia  of  the  commonwealth  shall  consist  ^^'^'^^^^^^^"f'"" 
of  all  able-bodied  male  citizens  and  all  other  able-bodied 
males  who  have  declared  their  intention  to  become  citizens 
of  the  United  States,  between  the  ages  of  eighteen  and  forty- 
five,  and  who  are  residents  of  the  commonwealth,  and  of 
such  other  persons  as  may,  upon  their  own  application,  be 
enlisted  or  commissioned  therein  pursuant  to  any  provision 
of  this  chapter,  subject,  however,  to  such  exemptions  as  are 
now,  or  may  be  hereafter,  created  by  law. 

Section  3.  The  militia  shall  consist  of  two  classes,  namely,  classes. 
the  organized  militia,  composed  and  organized  as  provided 
in  this  chapter,  and  the  remainder,  to  be  known  as  the  un- 
organized mihtia.  The  unorganized  militia  shall  be  subject 
to  no  active  duty  except  in  case  of  war,  actual  or  threatened, 
invasion,  the  prevention  of  invasion,  the  suppression  of  riots, 
and  the  assisting  of  civil  officers  in  the  execution  of  the  laws. 

UNORGANIZED    MILITIA. 

Section  4.  When  necessary  to  call  out  any  part  of  the  un-  caiiing  out 
organized  mihtia  for  active  duty,  the  commander-in-chief  °'  '"'•'*"*• 
shall  direct  his  order  to  the  mayors  and  selectmen,  who  shall 
forthwith,  by  written  order  or  oral  notice  to  each  individual, 
or  by  proclamation,  appoint  a  time  and  place  for  the  assem- 
bling of  the  unorganized  militia  in  their  respective  cities 
and  towns,  and  shall  then  and  there  draft  as  many  thereof, 
or  accept  as  many  volunteers,  as  are  required  by  the  order 
of  the  commander-in-chief,  and  shall  forthwith  forward  to 
him  a  list  of  the  persons  so  drafted  or  accepted  as  volunteers. 

Section  5.  The  part  of  the  unorganized  militia  so  drafted  Muster  of. 
or  accepted  shall  immediately  be  mustered  under  the  orders 
of  the  commander-in-chief  into  the  service  of  the  common- 
wealth for  three  years,  or  for  such  less  period  as  he  may 
direct,  and  shall  be  organized  into  new  units,  or  assigned  to 
organizations  of  the  organized  militia  then  existing.  Such 
new  organizations  shall  be  officered,  equipped,  trained  and 
governed  according  to  the  laws  for  the  government  of  the 
organized  mihtia.  In  such  new  organizations,  the  com- 
mander-in-chief may  detail  officers  to  train  and  command 
them  until  their  officers  shall  have  qualified.  Every  member 
of  the  unorganized  mihtia  who  volunteers  or  is  drafted,  who 
does  not  appear  to  be  mustered  in  as  required  by  the  orders 


506 


Acts,  1939.  —  Chap.  425. 


of  the  commander-in-chief,  or  does  not  produce  a  sworn  certifi- 
cate from  a  physician  in  good  standing  of  physical  disabiUty 
so  to  appear,  shall  be  taken  to  be  a  deserter  and  shall  be 
punished  as  a  court-martial  may  direct. 


ORGANIZED    MILITIA. 

Organization.  SecHoji  6.  (o)  The  active  or  organized  militia  shall  be 
composed  of  volunteers,  and  shall  comprise  the  aides-de- 
camp of  the  commander-in-chief,  the  land  forces,  and  the 
naval  forces. 

(b)  For  the  purposes  of  financial  administration  the  or- 
ganized mUitia  shall  constitute  the  military  division  of  the 
executive  branch  of  government  of  the  commonwealth. 


Volunteer 
companies. 


Provisional 
officers. 


Organizati 


Disband- 
ment  of 
companies. 

Escort  duty, 
etc. 

Traffic 
regulations. 


COMMANDER-IN-CHIEF. 

Section  7.  The  commander-in-chief  may  raise  volunteer 
companies  or  detachments,  as  he  deems  necessary,  or  when 
they  are  needed  to  maintain  the  forces  of  the  commonwealth 
at  the  strength  and  of  the  composition  required  or  permitted 
by  law. 

Section  8.  He  may,  to  recruit  the  organized  militia,  ap- 
point provisional  officers  for  such  units  as  he  may  from  time 
to  time  create,  by  orders  in  accordance  with  this  chapter. 
Such  provisional  officers,  subject  to  removal  by  the  com- 
mander-in-chief and  until  their  successors  are  qualified  as 
provided  by  the  constitution  and  laws  of  the  commonwealth, 
shall  exercise  the  same  military  authority  over  their  several 
commands  as  is  specified  in  the  said  laws  for  duly  qualified 
officers  of  the  organized  militia. 

Section  9.  He  ma}^  from  time  to  time  prescribe  in  orders 
the  organization  of  the  organized  militia,  the  designation 
and  location  of  all  units,  and  the  numbers,  titles,  grades  and 
duties  of  all  officers  and  enlisted  men  as  he  deems  the  interest 
of  the  service  demands;  provided,  that  the  organization 
shall  not  conflict  with  the  laws  of  the  United  States  relating 
to  the  organized  militia.  He  shall,  subject  to  the  constitution 
and  laws  of  the  commonwealth,  direct  how  such  officers  and 
enlisted  men  shall  be  appointed  to  office  or  to  specific  duty. 

Section  10.  He  may,  subject  to  the  laws  of  the  United 
States,  disband  any  company  of  the  organized  militia  falling 
below  the  prescribed  strength  or  standard  of  efficiency. 

Section  11.  He  may  order  out  any  part  of  the  organized 
militia  for  escort  and  other  duties. 

Section  12.  The  governor,  with  the  advice  and  consent 
of  the  council,  and  under  such  regulations  as  he  may  pre- 
scribe, may  exclude  traffic  from  highways  during  target 
practice  or  maneuvres  of  any  organization  or  unit  belonging 
to  the  military  or  naval  forces  of  the  United  States  or  of  any 
state  thereof,  whenever  he  deems  that  public  convenience 
or  safety  so  requires. 


Acts,  1939.  —  Chap.  425.  507 

Section  13.    The  commander-in-chief  may  make  and  pub-  Regulations. 
lish  regulations  for  the  government  of  the  organized  militia 
in  accordance  with  law. 

Section  llf..    The  governor,  with  the  ad^ace  and  consent  of  pr^^pg^^y 
the  council,  mav  lease  to,  or  permit  to  be  used  bv,  any  to  federal 
United  States  military  or  naval  force,  authorized  by  the  s°^''^^'^«'it- 
congress  of  the  United  States,  military  or  naval  property 
belonging  to  the  commonwealth,  upon  such  terms  and  con- 
ditions  as   will   fully   protect   the    commonwealth    against 
expense. 

Section  15.  The  aides-de-camp  of  the  commander-in-  Aides-de-camp, 
chief  shall  consist  of :  one  with  the  rank  of  colonel,  who  shall 
be  chief  of  aides-de-camp,  one  with  the  rank  of  lieutenant 
colonel,  one  with  the  rank  of  major,  three  with  the  rank  of 
captain,  all  of  whom  shall  be  exempt  from  the  examinations 
required  by  this  chapter,  and  eight  aides-de-camp  to  be 
detailed  from  the  commissioned  officers  of  the  organized 
militia,  but  not  to  be  relieved  from  duty  with  their  organi- 
zations while  serving  in  that  capacity. 

In  case  of  war,  actual  or  threatened,  the  commander-in- 
chief  vaOiY  appoint  such  additional  aides-de-camp  as  the 
service  may  require,  with  rank  not  higher  than  that  of 
colonel,  and  he  may  delegate  to,  or  confer  on,  such  aides-de- 
camp such  authority  and  duties  as  he  deems  proper. 

The  aides-de-camp,  aforesaid,  excepting  the  detailed  aides- 
de-camp,  shall  be  commissioned  and  hold  office  until  their 
successors  are  qualified,  but  they  may  be  removed  at  any 
time  by  the  commander-in-chief. 

No  person  shall  be  eligible  to  appointment  as  such  aide- 
de-camp  unless  he  shall  have  served  at  least  six  years  in  the 
organized  militia  of  the  commonwealth,  at  least  two  years 
of  which  shall  have  been  as  a  commissioned  officer,  or  has 
had  six  years'  service  as  a  commissioned  officer  in  the  army 
or  navy  of  the  United  States. 

Section  16.  (a)  The  state  staff  shall  consist  of  one  adju-  state  staff. 
tant  general,  with  the  rank  of  brigadier  general,  who  shall  be 
the  chief  of  the  state  staff  and  shall  be  appointed  from  those 
persons  who  are,  or  who  previously  have  been,  active  com- 
missioned officers  of  the  Massachusetts  national  guard,  with 
rank  not  lower  than  that  of  lieutenant  colonel,  and  such 
officers  and  enlisted  men  of  the  state  staff  and  detachment 
as  the  commander-in-chief  may  from  time  to  time  pre- 
scribe. 

(6)  The  adjutant  general  shall  hold  office  for  a  term  of  six  Adjutant 
years  and  shall  receive  the  same  pay  as  is  received  by  officers  dutfes!''etc. 
of  like  rank  in  the  regular  army. 

He  shall  be  charged  with  carrying  out  the  policies  of  the 
commander-in-chief  and  shall  issue  orders  in  his  name,  but 
he  shall  not  personally  exercise  command  of  troops. 

He  shall  be  the  immediate  adviser  of  the  commander-in- 
chief  on  all  matters  relating  to  the  militia  and  shall  be  charged 
with  the  planning,  development  and  executing  of  the  military 


508 


Acts,  1939.  —  Chap.  425. 


and  naval  program  of  the  commonwealth.  He  shall  cause 
the  state  staff  to  prepare  plans  for  recruiting,  mobilizing, 
organizing,  supplying  and  equipping  the  organized  militia,  for 
use  in  the  national  defense,  for  state  defense  and  emergencies, 
and  for  demobilizing  the  militia. 

He  shall  hold  organization  commanders  responsible  for  the 
proper  training  of  their  commands,  and  all  orders  and  in- 
structions for  the  government  of  the  militia  and  of  the  officers 
and  enlisted  men  therein  shall  be  issued  and  communicated 
to  those  concerned  through  military  channels. 

He  shall  make  such  returns  and  reports  as  may  be  pre- 
scribed by  the  commander-in-chief  or  required  by  the  laws 
or  regulations  of  the  commonwealth  or  of  the  United  States, 
and  may  detail  such  officers  of  appropriate  rank  and  employ 
such  clerks  and  other  assistants  as  may  be  necessary  in  his 
division  at  an  expense  not  exceeding  the  amount  annually 
appropriated  therefor. 

Except  in  those  cases  where  by  law  or  regulations  specific 
powers  are  conferred  on  the  adjutant  general  as  such,  he 
shall  have  no  authority  independently  of  the  commander-in- 
chief,  from  whom  his  orders  shall  be  considered  as  emanating, 
and  the  acts  of  the  adjutant  general  shall  be  regarded  as  in 
execution  of  the  orders  of  the  commander-in-chief. 

Under  the  control  of  the  governor,  in  his  capacity  as 
commander-in-chief,  the  adjutant  general  shall  be  the 
executive  and  administrative  head  of  the  military  division 
of  the  executive  branch  of  government  of  the  commonwealth. 
Except  as  otherwise  provided,  he  shall  approve  all  contracts 
made  by  the  division  and  may  require  any  expenditures  of 
the  division  to  be  submitted  to  him  for  approval. 


Riots,  etc. 


Public 
ratastrophp 


AID    TO    CIVIL    POWER. 

Section  17.  The  commander-in-chief  shall  call  out  the 
organized  militia  to  repel  an  invasion  or  to  suppress  an 
insurrection  made  or  threatened. 

Section  18.  In  case  of  a  tumult,  riot,  mob  or  a  body  of 
persons  acting  together  by  force  to  violate  or  resist  the  laws 
of  the  commonwealth,  or  when  such  tumult,  riot  or  mob  is 
threatened,  and  the  usual  police  provisions  are  inadequate 
to  preserve  order  and  afford  protection  to  persons  and  prop- 
erty, and  the  fact  appears  to  the  commander-in-chief,  to  the 
sheriff  of  a  county,  to  the  mayor  of  a  city  or  to  the  selectmen 
of  a  town,  the  commander-in-chief,  upon  his  initiative  or  at 
the  request  of  such  sheriff,  mayor  or  selectmen,  may  issue 
his  order  directed  to  any  commander  of  a  division,  brigade, 
regiment,  naval  brigade  or  battalion,  battalion,  squadron  or 
company,  directing  him  to  order  his  command,  or  any  part 
thereof,  to  appear  at  a  time  and  place  therein  specified  to 
aid  the  civil  authority  in  suppressing  such  violations  and 
supporting  the  laws. 

Section  19.  In  case  of  public  catastrophe  other  than  one 
referred  to  in  section  eighteen,  and  when  the  usual  police 


Acts,  1939.  —  Chap.  425.  509 

provisions  are  inadequate  to  preserve  order  and  afford  pro- 
tection to  persons  and  property,  and  the  fact  appears  to 
the  commander-in-chief,  to  the  sheriff  of  a  county,  to  the 
mayor  of  a  city  or  to  the  selectmen  of  a  town,  the  com- 
mander-in-chief may  issue  his  order,  or  such  sheriff,  mayor 
or  selectmen  may  issue  a  precept,  directed  to  any  commander 
of  a  division,  brigade,  regiment,  naval  brigade  or  battalion, 
battalion,  squadron  or  company,  within  the  jurisdiction  of 
the  officer  issuing  such  order  or  precept,  directing  him  to 
order  his  command,  or  any  part  thereof,  to  appear  at  a  time 
and  place  therein  specified  to  aid  the  civil  authority  in  pre- 
serving order,  affording  such  protection  and  supporting  the 
laws;  which  precept  shall  be  in  substance  as  follows: 


Commonwealth  op  Massachusetts. 

To  (insert  the  officer's  title)  A.  B.,  commanding  (insert  Precept, 
his  command). 

Whereas,  It  appears  to  (the  sheriff,  mayor  or  the  select- 
men) of  the  (countj^,  city  or  town)  of  ,  that  (here 
state  one  or  more  of  the  causes  above  mentioned)  in  our 
of  ,  and  that  military  force  is  neces- 
sary to  aid  the  civil  authority.  Now,  therefore,  we  com- 
mand you  that  you  cause  (the  command  or  such  part  thereof 
as  may  be  desired),  armed  and  equipped  with  ammunition 
and  with  proper  officers,  to  appear  at  ,  on  , 
then  and  there  to  obey  such  orders  as  may  be  given  accord- 
ing to  law.  Hereof  fail  not  at  your  peril,  and  have  you  there 
this  precept  with  your  doings  returned  thereon. 

This  precept  shall  be  signed  by  the  sheriff,  mayor  or 
selectmen,  and  may  be  varied  to  suit  the  circumstances  of 
the  case;  and  a  copy  of  the  same  shall  immediately  be 
forwarded  by  the  sheriff,  mayor  or  selectmen  to  the  com- 
mander-in-chief. 

Section  20.  The  officer  to  whom  the  order  of  the  com-  Duty  of 
mander-in-chief,  or  a  precept  under  section  nineteen,  is  °f^^^l^ 
directed  shall  forthwith  order  the  troops  therein  called  for 
to  appear  at  the  time  and  place  appointed,  and  shall  imme- 
diately notify  the  commander-in-chief  of  his  order,  in  the 
most  expeditious  manner,  and  also  by  letter  through  the 
usual  military  channels. 

Section  21.    If  an  officer  neglects  or  refuses  to  obey  such  Penalty. 
order  of  the  commander-in-chief  or  such  precept,  or  if  any 
officer  or  soldier  fails  to  obey  an  order  issued  in  pursuance 
thereof,  he  shall  be  punished  as  a  court-martial  may  direct. 

Section  22.  Such  troops  shall  appear  at  the  time  and  Troops. 
place  appointed,  armed  and  equipped,  and  shall  obey  and 
execute  such  orders  as  they  have  received,  or  such  addi- 
tional orders  as  they  may  then  and  there  or  thereafter  re- 
ceive from  the  commander-in-chief,  or  from  an  officer  or 
magistrate  acting  under  section  eighteen  or  nineteen. 


510 


Acts,  1939.  —  Chap.  425. 


Orders  to  be 
in  writing. 


Civil,  etc., 
liability. 


Expenses 
of  troops. 


Use  of  unor- 
ganized militia. 


Excuse 
from  duty. 


Penalty  for 
absence  with- 
out leave. 


Section  23.  Whenever  practicable  all  orders  issued  under 
section  eighteen  or  section  nineteen  shall  be  in  writing  and 
signed  by  the  civil  officers  or  magistrates  issuing  the  same. 
Such  orders  shall  set  forth  the  purpose  to  be  accomplished 
by  the  military  officer  to  whom  addressed,  but  shall  not 
prescribe  the  mihtary  measures  to  be  used  or  the  orders  to 
be  issued  by  said  officer,  who  shall  use  such  measures  and 
issue  such  orders  as  he  deems  necessary  to  accomplish  the 
purpose  indicated. 

Section  24-  No  officer  or  soldier  shall  be  liable,  either 
civilly  or  criminally,  for  any  injury  to  persons  or  property 
caused  by  him  or  by  his  order,  while  serving  under  section 
seventeen,  eighteen  or  nineteen  and  acting  in  obedience  to 
and  in  execution  of  any  orders  received  from  the  persons, 
and  in  the  manner,  prescribed  by  this  chapter,  unless  the 
act  or  order  causing  such  injury  was  manifestly  beyond  the 
scope  of  the  authority  of  such  officer  or  soldier. 

Section  25.  Upon  the  termination  of  any  service  of  the 
land  or  naval  forces  under  a  precept  issued  by  the  sheriff 
of  a  county,  the  mayor  of  a  city  or  the  selectmen  of  a  town, 
or  under  an  order  of  the  commander-in-chief  at  the  request 
of  such  sheriff,  mayor  or  selectmen,  under  sections  eighteen 
and  nineteen,  or  either  of  said  sections,  the  adjutant  general 
shall  certif}'-  to  the  state  treasurer  the  expense  of  said  serv- 
ice, and  the  state  treasurer  shall  thereupon  assess  said  ex- 
pense upon  any  such  city  or  town  as  an  addition  to  its  share 
of  the  state  tax  next  to  be  assessed,  or  shall  collect  said  ex- 
pense from  the  treasurer  of  any  such  county,  as  the  case 
may  be. 

Section  26.  When  the  entire  organized  militia  has  been 
called  out  under  section  seventeen,  eighteen  or  nineteen,  and 
a  further  force  is  required,  it  shall  be  taken  from  the  unor- 
ganized militia,  as  provided  in  section  four. 

Section  27.  No  officer  or  soldier  of  the  organized  miUtia, 
not  on  leave  of  absence  or  furlough,  shall  be  excused  from 
duty  when  called  or  ordered  out  under  section  seventeen, 
eighteen  or  nineteen,  except  upon  a  physician's  certificate  of 
disability.  If  an  officer  or  soldier  is  absent  without  leave  and 
does  not  produce  such  certificate  to  his  commanding  officer, 
he  shall  be  tried  by  court-martial  for  desertion  or  absence 
without  leave.  Sickness  shall  not  be  an  excuse  unless  he 
procures  a  certificate  or  satisfies  the  court-martial  that  he 
was  unable  to  procure  the  same. 


Cities  and 
towns  to  pro- 
vide armories. 


ARMORIES. 

Section  28.  The  aldermen  or  the  selectmen  shall  provide 
for  each  command  of  the  organized  militia,  or  detachment 
thereof,  not  provided  with  an  armory  of  the  first  class,  and 
permanently  stationed  within  the  limits  of  their  respective 
cities  or  towns,  an  armory,  including  a  suitable  hall  for  the 
purpose  of  drill,  and  suitable  rooms,  properly  equipped, 
annexed  thereto  for  the  meetings  of  the  command,  for  ad- 


Acts,  1939.  —  Chap.  425.  511 

ministrative  work,  and  for  the  safe  keeping  of  military  prop- 
erty; and  shall  also  provide  for  each  headquarters  perma- 
nently located  within  their  said  limits,  suitable  rooms  for 
administrative  work,  for  the  assembling  of  officers  for  in- 
struction, and  for  the  safe  keeping  of  military  property;  and 
they  shall  provide  for  every  such  armory  and  headquarters 
the  necessary  fuel,  lights,  water,  telephone  service,  janitor 
service  and  necessary  repairs,  or  shall  make  a  reasonable 
allowance  therefor.  Any  city  or  town  failing  to  comply  with 
this  section  shall  forfeit  to  the  commonwealth  a  sum  not 
exceeding  five  thousand  dollars  for  each  year  during  which 
such  failure  continues,  to  be  recovered  upon  an  information 
in  equity  brought  in  the  supreme  judicial  court  by  the 
attorney  general  at  the  relation  of  the  adjutant  general. 
Any  amount  so  forfeited  shall  be  credited  to  the  armory 
appropriation  for  the  fiscal  year  in  which  the  forfeiture 
occurs. 

Section  29.  Where  two  or  more  commands  of  the  or-  Location  of. 
ganized  mihtia  are  permanently  stationed  in  the  same  city 
or  town,  the  aldermen  or  the  selectmen  may,  if  practicable, 
provide  for  such  commands  a  suitable  hall  for  drill,  to  be 
used  by  them  in  common;  provided,  that  in  every  other 
respect  section  twenty-eight  is  complied  with.  When  practi- 
cable, the  rooms  provided  for  a  headquarters  shall  be  in  an 
armory  provided  for  its  command,  or  for  any  of  the  units 
thereof. 

Section  30.  The  aldermen  or  the  selectmen  shall  provide  Parade 
and  maintain  for  each  command  of  the  organized  militia  or  grounds. 
detachment  thereof  permanently  stationed  within  the  limits 
of  their  respective  cities  or  towns  suitable  grounds  for  parade, 
drill  and  small  arms  practice,  unless  such  grounds  have 
been  furnished  for  such  command  by  the  commonwealth. 
Any  city  or  town  failing  to  comply  with  this  provision  shall 
forfeit  to  the  commonwealth  a  sum  not  exceeding  five  thou- 
sand dollars  for  each  year  during  which  such  failure  continues, 
to  be  recovered  upon  an  information  in  equity  brought  in 
the  supreme  judicial  court  by  the  attorney  general  at  the 
relation  of  the  adjutant  general.  Any  amount  so  forfeited 
shall  be  credited  to  the  appropriation  for  small  arms  prac- 
tice for  the  fiscal  year  in  which  the  forfeiture  occurs.  When 
two  or  more  commands  of  the  organized  militia  are  perma- 
nently stationed  in  the  same  city  or  town,  the  aldermen  or 
the  selectmen  may,  if  practicable,  provide  for  such  commands 
suitable  grounds  for  parade,  drill  and  small  arms  practice, 
to  be  used  by  them  in  common.  Land  for  drill  and  parade 
grounds  and  for  ranges  for  small  arms  practice  may  be  ac- 
quired by  purchase  or  lease,  or  by  eminent  domain  under 
chapter  seventy-nine.  Cities  or  towns  where  headquarters, 
commands  or  detachments  of  the  organized  militia  are  per- 
manently stationed  may  raise  money  by  taxation  or  other- 
wise for  the  acquisition  of  land  for  drill  and  parade  grounds 
or  ranges  for  small  arms  practice  or  for  complying  with  this 
section  and  section  twenty-eight. 


.12 


Acts,  1939.  —  Chap.  425. 


Allowance 
to  cities 
and  towns. 


Section  31.  For  each  armory  maintained  by  a  city  or 
town,  or  privately  owned,  there  shall  annually  be  allowed 
and  paid  by  the  commonwealth,  in  full  for  rental  and  for 
all  other  charges  of  maintenance  for  such  an  armory,  such 
sum  or  sums  as  the  adjutant  general  shall  determine,  subject 
to  the  approval  of  the  commander-in-chief. 


Duties  of 
commission. 


Construction, 
etc.,  of 
armories. 


Taking 
of  land. 


Purchase  of 
armories. 


ARMORY    COMMISSION. 

Section  32.  The  armory  commission  provided  for  in  sec- 
tion eighteen  of  chapter  six  shall  have  full  supervision  and 
control  of  the  construction  of  all  armories  erected  by  the 
commonwealth,  and  on  completion  and  acceptance  of  any 
such  armory  the  care  and  maintenance  thereof  shall  devolve 
upon  the  state  quartermaster. 

Section  33.  The  armory  commission  shall  rebuild,  remodel 
or  repair  armories  of  the  first  class  injured  or  destroyed 
by  fire,  and  may  reconstruct,  remodel,  enlarge  or  otherwise 
improve  existing  state  armories,  if  it  deems  the  needs  of  the 
service  so  require,  and  shall  construct  additional  armories 
until  the  organized  militia  shall  be  provided  with  adequate 
quarters.  It  shall  designate  the  location  of  armories  so  to  be 
constructed  and  shall  thereupon,  on  behalf  of  the  common- 
wealth, take  by  eminent  domain  under  chapter  seventy-nine, 
or  acquire  by  purchase  or  otherwise,  suitable  lots  of  land  in 
the  respective  cities  or  towns  designated,  and  shall  erect, 
furnish  and  equip  thereon  armories  sufficient  for  one  or 
more  companies  of  the  organized  militia,  and  for  such  other 
commands  or  headquarters  thereof  permanently  stationed 
in  any  such  city  or  town  as  it  deems  necessary;  but  no  land 
shall  be  acquired  and  no  buildings  erected,  reconstructed, 
remodeled  or  enlarged  until  the  site  and  plans  thereof, 
respectively,  and  the  total  amount  to  be  authorized  therefor, 
have  been  approved  by  the  governor  and  council. 

Section  34-  The  armory  commission,  on  behalf  of  the 
commonwealth,  may,  with  the  approval  of  the  governor  and 
council,  take  by  eminent  domain  under  chapter  seventy-nine, 
or  acquire  by  purchase  or  lease,  land  suitable  for  parade  and 
drill  grounds  or  for  ranges  for  target  practice  until  the  or- 
ganized militia  is  adequately  provided  with  parade  and  drill 
grounds  and  ranges  for  target  practice,  and  upon  land  so 
acquired  may,  with  the  approval  of  the  governor  and  council, 
erect  such  building  or  buildings  as  may  be  needed  for  the 
use  of  the  militia. 

If  land  is  acquired  by  purchase,  under  this  section  or  sec- 
tion thirty-three,  the  purchase  price  shall  be  paid  by  the 
commonwealth  upon  the  execution  of  such  a  release  or 
conveyance  as  shall  be  prescribed  by  the  attorney  general. 

Section  35.  The  armory  commission  may,  by  agreement 
with  the  aldermen  of  any  city  or  the  selectmen  of  any  town 
owning  an  armory,  determine  the  value  of  the  land  and 
buildings,  and  on  approval  of  such  agreement  by  the  gov- 
ernor and  council  may  purchase  said  armory  in  behalf  of  the 


Acts,  1939.  —  Chap.  425.  513 

commonwealth,  and  thereupon  title  to  the  land  and  buildings 
so  purchased  shall  vest  in  the  commonwealth. 

The  armory  commission  may,  by  agreement  with  the 
owners  of  the  armory  of  the  First  Corps  of  Cadets  in  Boston 
and  of  the  armory  of  the  Lawrence  Light  Guard  in  Medford, 
determine  the  value  of  the  land  and  buildings,  and  on  ap- 
proval of  such  agreement  by  the  governor  and  council  may 
purchase  in  behalf  of  the  commonwealth  either  or  both  of 
said  armories,  and  thereupon  title  to  the  land  and  buildings 
so  purchased  shall  vest  in  the  commonwealth. 

The  armory  commission  may,  by  agreement  with  the 
aldermen  of  any  city  or  the  selectmen  of  any  town  holding 
title  to  a  drill  and  parade  ground  or  a  target  range,  determine 
the  value  of  such  drill  and  parade  ground  or  target  range  and 
on  approval  of  such  agreement  by  the  governor  and  council 
may  purchase  such  drill  and  parade  ground  or  target  range 
in  behalf  of  the  commonwealth,  and  thereupon  title  to  the 
land  and  buildings  so  purchased  shall  vest  in  the  common- 
wealth. 

Section  36.  To  meet  the  expenses  incurred  under  sections  Expenditures. 
thirty-three,  thirty-four  and  thirty-five,  or  any  of  them,  the 
armory  commission  may  expend  such  amounts  as  are  ap- 
propriated therefor  by  the  general  court,  together  with  such 
armory  loan  funds  as  may  from  time  to  time  be  authorized 
specifically  by  the  general  court. 

Section  37.  Armories  built  or  purchased  by  the  armory  Armories, 
commission  or  its  predecessors  under  former  or  existing  laws  ^^^  ci^ss. 
shall  be  designated  and  known  as  armories  of  the  first  class. 

Section  38.    (a)   When  any  armory  or  any  parade  and  drill  ^Jne"ved^of  *'^^ 
ground  or  range  for  target  practice  is  furnished  by  the  com-  dutrto  main- 
monwealth  in  any  city  or  town,  the  adjutant  general  shall  ^^^j,"  armones, 
notify  the  city  or  town  where  such  armory,  parade  and  drill 
ground  or  range  for  target  practice  lies,  and  thereupon  all 
obligations  of  said  city  or  town  as  to  said  armory,  parade 
and  drill  ground  or  range  for  target  practice,  under  sections 
twenty-eight,   twenty-nine  and  thirty,   and  all  allowances 
and  payments  by  the  commonwealth  for  rent,  shall  cease, 
as  to  the  organizations  quartered  in  said  armory  or  using 
said  parade  and  drill  ground  or  said  range  for  target  practice. 

(6)  All  armories  taken,  purchased  or  erected  under  this 
chapter  shall  be  under  the  control  of  the  commander-in- 
chief  and  shall  be  cared  for  and  maintained  by  the  common- 
wealth, and  the  necessary  expenditures  for  care  and  main- 
tenance shall  be  made  by  the  state  quartermaster  subject  to 
the  approval  of  the  adjutant  general. 

Section  39.  The  maj-or  of  a  cit}^,  or  the  selectmen  of  a  Returns. 
town,  providing  an  armory  or  armories,  or  headquarters,  for 
the  use  of  the  organized  militia,  shall  annually  on  or  before 
November  first  make  retiu-ns  thereof  to  the  state  quarter- 
master. All  statements  contained  therein  shall  be  made 
under  penalty  of  perjury.  All  such  returns  shall  give  the 
designation  and  location  of  each  armory  or  headquarters, 
the  name  of  each  command  or  headquarters  therein  quar- 


514 


Acts,  1939.  —  Chap.  425. 


Armories 
under  control 
of  command- 
ing officer. 


Armories,  use 
of,  regulated. 


Terms  of 
use. 


tered,  the  rental  paid  or  charged  therefor,  and  when  required 
by  the  state  quartermaster  the  expense  incurred  in  heating, 
hghting  and  repairing  the  same,  in  furnishing  water,  tele- 
phones and  janitor  service,  as  well  as  the  aggregate  cost  of 
the  land  and  buildings.  The  state  quartermaster  shall  ex- 
amine each  return  so  made  and  allow  or  disallow,  in  whole 
or  in  part,  the  sums  so  returned,  his  decision  being  subject 
to  review  and  amendment  by  the  adjutant  general.  He  shall 
annuallj',  not  later  than  November  thirtieth,  file  with  the 
state  comptroller  his  certificate,  stating  the  sum  allowed 
for  each  armory,  the  name  of  the  command  or  headquarters 
occupying  it,  and  the  city  or  town  making  the  return,  and 
thereupon  he  shall  notify  the  mayor  or  the  selectmen  of 
the  sum  allowed,  which  shall  be  paid  to  such  city  or  town. 

Section  40.  Every  officer  whose  command  occupies,  or  as- 
sembles or  drills,  in  any  armory,  drill  hall  or  building  used 
according  to  law  for  that  purpose  shall  have  control  of  such 
premises  dimng  the  period  of  occupation,  subject  to  orders 
of  his  superior  officers,  and  any  person  intruding  contrary 
to  his  orders  or  to  the  orders  of  his  superior  officers,  or  who 
interrupts,  molests,  obstructs  or  insults  the  troops  or  any  of 
them  so  occupying  such  premises,  may  be  ejected,  forcibly, 
if  necessar}^,  or  may  be  dealt  with  as  provided  in  sections 
forty-five  and  forty-sLx  for  like  offences,  at  the  discretion  of 
such  officer  or  of  his  superior  officers,  but  in  armories  not 
of  the  first  class  reasonable  inspection  of  the  premises  may 
be  made  by  the  mayor  or  the  selectmen,  or  by  the  owners  of 
the  premises. 

Section  J^l .  (a)  Armories  provided  for  the  organized  militia 
shall  be  used  by  them  for  the  military  purposes  or  purposes 
incidental  thereto  designated  by  the  commander-in-chief. 
Any  armory  of  the  first  class,  when  not  in  use  for  military 
purposes,  may  be  used  without  charge  and  subject  only  to 
rules  and  regulations  promulgated  by  the  commander-in- 
chief  for  social  activities  or  athletics  by  mifitary  units  sta- 
tioned in  such  armory  or  for  drill  purposes  by  drill  teams, 
bands  or  drum  corps  composed  of  members  of  organizations 
of  war  veterans.  No  non-military  use  of  an  armory  under 
this  section  shall  be  permitted  which  interferes  with  its  mili- 
tary use,  but  such  non-military  use  shall  not  be  deemed  to 
interfere  with  mifitary  use  if  all  unit  commanders  affected 
can  conveniently  and  without  detriment  to  the  service  utiUze 
the  armory  for  the  usual  mifitary  purposes  at  other  than  the 
usual  time  or  in  other  than  the  usual  manner. 

(6)  Any  armory  may  be  used  for  the  purposes  set  forth  in 
subsections  (c)  and  (d)  of  this  section  in  accordance  with 
terms  and  conditions  prescribed  by  the  commander-in-chief, 
upon  application  therefor  to  the  adjutant  general  through 
the  military  custodian  of  the  armory.  No  such  application 
shall  be  granted  unless  it  is  approved  by  both  the  adjutant 
general  and  the  military  custodian  and  contains  a  certificate 
from  each  unit  commander  whose  drill  or  other  mifitary  duty 
is  to  be  changed  or  modified  by  such  use,  stating  that  he  ap- 


Acts,  1939.  —  Chap.  425.  515 

proves  the  application  and  that  such  change  or  modification 
will  not  in  any  way  be  detrimental  to  his  unit  or  to  its  train- 
ing, and  further  stating  in  detail  the  manner  in  which  said 
change  or  modification  is  to  be  effected.  Such  appHcations 
may,  after  the  lapse  of  one  year  from  the  date  of  their  receipt, 
be  destroyed  or  disposed  of  by  order  of  their  lawful  custodian, 
and  any  proceeds  received  in  the  course  of  their  disposal 
shall  be  paid  to  the  commonwealth. 

(c)  Subject  to  subsection  (b)  of  this  section,  armories  may 
be  used  temporarily  for  the  following  public  purposes : 

A  public  meeting,  or  hearing,  held  by  a  state  department, 
board  or  commission. 

An  examination  conducted  by  the  division  of  civil  service. 

A  meeting  of  an  organization  composed  of  veterans  of  the 
civil,  Spanish  or  world  war,  or  their  auxiliaries,  a  board  of 
trade,  a  chamber  of  commerce,  or  a  meeting  to  raise  funds 
for  any  non-sectarian  charitable  or  non-sectarian  educational 
purpose. 

A  meeting  to  raise  funds  for  a  benefit  association  of  police- 
men or  firemen. 

Elections,  primaries  or  caucuses,  and  town  meetings. 

Meetings  of  such  miUtary  organizations  of  scholars  in  the 
public  schools  of  a  city  or  town  as  may  be  approved  by  the 
school  committee  thereof. 

A  meeting  or  rally  of  a  political  party  or  a  municipal  party, 
as  defined  by  section  one  of  chapter  fifty,  conducted  by  the 
duly  constituted  local  committee  of  such  party;  provided, 
that  no  party  shall  be  permitted  to  use  the  same  armory 
more  than  twice  in  the  same  year. 

A  meeting  of  any  organization  of  boys  or  girls  under 
eighteen  years  of  age,  or  of  any  student  military  organiza- 
tion conforming  to  the  regulations  and  training  prescribed  by 
the  commander-in-chief  with  a  view  to  preparing  the  mem- 
bers thereof  for  military  or  naval  service.  Upon  application 
to  the  commander-in-chief  and  on  terms  and  conditions  pre- 
scribed by  him,  such  organizations  may  be  permitted  to  use 
for  parade  or  drill  purposes  such  grounds  owned  by  the  com- 
monwealth as  are  used  by  the  organized  mihtia. 

Compensation  for  the  use  of  any  armory  under  this 
subsection  shall  be  fixed  by  the  adjutant  general  with  the 
approval  of  the  commander-in-chief,  and  shall  not  exceed  a 
sum  sufficient  to  cover  all  expenses  of  lighting,  heating  and 
guarding  the  armory,  and  similar  expenses.  Such  compensa- 
tion shall  be  paid  to  the  adjutant  general,  who  shall  pay  the 
same  to  the  commonwealth. 

(d)  Subject  to  subsection  (6)  of  this  section,  an  armory 
may  be  used  for  a  period  of  not  exceeding  three  days  for  any 
exhibition  of  the  products  of  labor,  agriculture  or  industry, 
including  any  automob'le  exhibition  conducted  by  a  respon- 
sible organization,  and,  for  the  purpose  of  decorating  the 
premises,  for  such  additional  time  immediately  preceding 
said  period,  not  exceeding  eighteen  hours,  as  may  be  approved 
by  the  adjutant  general  and  the  military  custodian,  and,  for 


516 


Acts,  1939.  —  Chap.  425. 


Cinemato- 
graph, oper- 
ation of. 


the  purpose  of  removing  decorations,  exhibits  or  equipment, 
for  such  additional  time  immediately  following  said  period, 
not  exceeding  eighteen  hours,  as  may  so  be  approved;  pro- 
vided, that  the  compensation  for  such  uses  shall  in  no  case 
be  less  than  the  fair  rental  value,  for  the  entire  period  during 
which  the  armory  is  occupied  by  any  such  exhibit  or  equip- 
ment, of  halls  of  a  similar  nature  in  the  same  or  a  similar 
city  or  town,  together  with  a  sum  sufficient  to  cover  the 
expenses  of  providing  such  guards  as  may  be  necessary  to 
protect  the  armorj^  while  so  used.  Subject  to  the  foregoing 
limitation,  such  compensation  shall  be  fixed  by  the  adjutant 
general  with  the  approval  of  the  commander-in-chief  and 
shall  be  paid  as  provided  in  subsection  (c)  of  this  section. 

(e)  Each  organization  using  an  armory  under  subsection 
(c)  or  (d)  of  this  section  shall,  under  rules  and  regulations 
prescribed  by  the  commander-in-chief,  pay  for  any  damage 
to  or  loss  of  any  property  or  equipment.  Said  rules  and  regu- 
lations may  also  require  that  such  organization  shall  file 
with  the  adjutant  general  a  bond  in  such  form  and  amount 
and  containing  such  conditions  as  said  rules  and  regulations 
may  prescribe. 

Section  42.  An  oflnicer  or  enlisted  man  of  the  organized 
militia  licensed  under  chapter  one  hundred  and  forty-three, 
ma}^,  in  any  armory  or  other  place  permanently  occupied  by 
the  commonwealth  for  military  purposes,  operate  any  cine- 
matograph or  similar  apparatus  owned  or  controlled  by 
the  commonwealth,  without  obtaining  any  special  license 
required  by  law;  provided,  that  all  other  laws  of  the  com- 
monwealth and  the  regulations  of  the  state  police  relative 
to  the  use  of  the  cinematograph  or  similar  apparatus  are 
complied  with. 


Unauthoriz 
wearing  of 
uniform. 


Judge 
advocate. 


Camp 
bounds 


GENERAL   PROVISIONS. 

Section  43.  Any  part  of  the  uniform  or  insignia  of  rank 
prescribed  for  officers  or  enlisted  men  of  the  organized 
militia  shall  be  worn  only  by  persons  entitled  thereto  by 
commission  or  enlistment  under  the  laws  of  this  common- 
wealth, of  another  state  or  of  the  United  States.  Whoever 
violates  any  provision  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

Section  44-  A  judge  advocate  may  be  detailed  by  the 
commander-in-chief  to  attend  any  encampment,  and  during 
the  encampment  shall,  within  the  limits  of  the  camp  and 
for  a  distance  of  one  mile  outside  said  limits,  have  the  juris- 
diction of  a  district  court  of  all  ofTences  then  and  there 
committed. 

Section  45-  Every  commanding  officer,  when  on  duty, 
may  fix  necessary  bounds  and  limits  to  his  parade  or  en- 
campment, but  not  including  a  public  road  within  such 
bounds  in  such  manner  as  to  prevent  traveling  thereon, 
within  which  bounds  and  limits  no  person  shall  enter  without 
his  leave.    Whoever  intrudes  within  the  limits  of  the  parade 


Acts,  1939.  —  Chap.  425.  517 

or  encampment,  after  being  forbidden,  may  be  ejected, 
forcibly  if  necessary,  or  may  be  confined  under  guard  during 
the  time  of  parade  or  encampment,  or  during  a  shorter  time, 
at  the  discretion  of  the  commanding  officer;  and  whoever 
resists  a  sentry  may  be  arrested  by  order  of  the  commanding 
officer  and  dealt  with  as  provided  in  section  forty-six. 

Section  46.  Whoever  interrupts,  molests  or  insults,  by  Molesting, 
abusive  words  or  behavior,  or  obstructs,  any  officer  or  soldier  penaUy°''^" 
while  on  duty  or  at  any  parade,  drill  or  meeting  for  military 
purposes,  may  immediately  be  put  under  guard  and  kept  at 
the  discretion  of  the  commanding  officer  until  the  duty, 
drill,  parade  or  meeting  is  concluded;  and  may  be  delivered 
into  the  custody  of  any  police  officer  or  constable  of  the  city 
or  town  where  such  duty,  parade,  drill  or  meeting  is  held, 
who  shall  detain  him  in  custody  for  examination  or  trial 
before  a  court  having  jurisdiction  of  the  place;  and  any 
person  found  guilty  of  any  of  the  offences  enumerated  in 
this  section,  or  in  section  forty  or  forty-five,  or  of  obstructing 
or  interfering  with  United  States  forces  or  troops  or  any  part 
of  the  organized  militia  in  the  exercise  or  enjoyment  of  the 
right  of  way  granted  by  section  forty-seven,  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars  or  by 
imprisonment  for  not  more  than  six  months. 

Section  1^7 .  United  States  troops,  and  any  part  of  the  Right,  of 
organized  militia  parading  or  performing  any  duty  accord-  '''"^" 
ing  to  law,  shall  have  the  right  of  way  in  any  street  or 
highway  through  which  they  may  pass;  provided,  that  the 
carriage  of  the  United  States  mails,  the  legitimate  functions 
of  the  police,  and  the  progress  and  operation  of  fire  depart- 
ments shall  not  be  interfered  with  thereby. 

Section  48.     Except  while  on  dut}^  under  section  seven-  Election 
teen,  eighteen  or  nineteen,  or  in  obedience  to  the  commander-  "^^^^-^^^ 
in-chief,  no  officer  or  soldier  shall  be  required  to  perform  limited. 
military  duty  during  the  time  when  polls  are  open  for  an 
election  in  the  city  or  town  where  he  resides;   and  an  officer 
parading  his  command,  or  ordering  it  to  duty,  contrary  to 
this  section,  shall  be  liable  to  trial  and  punishment  as  a 
court-martial  may  direct. 

Section  49.  Except  as  provided  in  section  fifty,  no  body  unauthorized 
of  men,  except  the  organized  militia,  the  troops  of  the  United  Jri'ii'i^- 
States,  and  the  Ancient  and  Honorable  Artillery  Company 
of  Massachusetts,  shall  maintain  an  armory,  or  associate 
together  at  any  time  as  a  company  or  organization,  for  drill 
or  parade  with  firearms,  or  so  drill  or  parade;  nor  shall  any 
city  or  town  raise  or  appropriate  money  toward  arming, 
equipping,  uniforming,  supporting  or  providing  drill  rooms 
or  armories  for  any  such  body  of  men;  provided,  that 
associations  wholly  composed  of  soldiers  honorably  dis- 
charged from  the  military  service  of  the  United  States  may 
parade  in  public  with  arms,  upon  the  reception  of  any  regi- 
ment or  company  of  soldiers  returning  from  said  service,  and 
for  escort  duty  at  the  burial  of  deceased  soldiers,  with  the 
written  permission  of  the  mayor  of  the  city  or  selectmen  of 


518  Acts,  1939.  —  Chap.  425. 

the  city  or  town  where  they  desire  to  parade;  that  students 
in  educational  institutions  where  mihtary  science  is  a  pre- 
scribed part  of  the  course  of  instruction  or  members  of 
schools  for  military  instruction  conducted  with  the  approval 
of  the  commander-in-chief  may,  with  the  consent  of  the 
commander-in-chief,  drill  and  parade  with  firearms  in  pub- 
lic, under  the  superintendence  of  their  instructors  or  teachers; 
that  foreign  troops  whose  admission  to  the  United  States 
has  been  consented  to  by  the  United  States  government  may, 
with  the  consent  of  the  commander-in-chief,  drill  and  parade 
with  firearms  in  public ;  that  any  body  of  men  may,  with  the 
consent  of  the  commander-in-chief,  drill  and  parade  in  pub- 
lic with  any  harmless  imitation  of  firearms  approved  by  the 
adjutant  general;  that  regularly  organized  posts  of  the  Grand 
Army  of  the  Republic,  The  American  Legion,  Veterans  of 
Foreign  Wars  of  the  United  States  and  Jewish  War  Veterans 
of  the  United  States,  regularly  organized  camps  of  the  United 
Spanish  War  Veterans,  regularly  organized  detachments  of 
the  Marine  Corps  League,  and  regularly  organized  chapters 
of  the  Yankee  Division  Veterans  Association  and  the  Massa- 
chusetts State  Guard  Veterans  and  regularly  organized  units 
thereof  may  drill  and  parade  with  firearms  in  public,  under 
the  supervision  of  their  duly  authorized  officers;  that  the 
Kearsarge  Association  of  Naval  Veterans,  Inc.,  may  at  any 
time  parade  in  public  their  color  guards  of  not  more  than 
twelve  men  armed  with  firearms ;  that  the  Society  of  Colonial 
Wars  in  the  Commonwealth  of  Massachusetts,  the  Order  of 
the  Founders  and  Patriots  of  America,  the  Massachusetts 
Society  of  the  Sons  of  the  American  Revolution,  the  Society 
of  the  Sons  of  the  Revolution  in  the  Commonwealth  of  Massa- 
chusetts, the  Society  of  the  War  of  1812  in  the  Common- 
wealth of  Massachusetts,  and  regularly  organized  branches 
of  any  of  said  societies,  may  at  any  time  parade  in  pubfic 
their  uniformed  color  guards  of  ten  men  with  firearms;  that 
regularly  organized  camps  of  the  Sons  of  Veterans  may  at 
any  time  parade  in  public  their  color  guards  of  ten  men  with 
firearms;  that  any  organization  heretofore  authorized  by 
law  may  parade  with  side-arms;  and  that  any  veteran  asso- 
ciation composed  wholly  of  past  members  of  the  militia  of 
the  commonwealth  may  maintain  an  armory  for  the  use  of 
the  organizations  of  the  miHtia  to  which  its  members  be- 
longed; provided,  that  such  drill  or  parade  is  not  in  contra- 
vention of  the  laws  of  the  United  States. 
2iio«"ed  u'°"''  Section  50.  The  commander-in-chief  may  prescribe  rules 
and  regulations  under  which  any  body  of  citizens  of  the 
commonwealth,  organized  as  an  association,  club  or  train- 
ing school  for  the  purpose  of  acquiring  mihtary  knowledge, 
discipline  and  training,  may  drill  or  parade  with  firearms; 
provided,  that  written  consent  is  first  obtained  from  the 
adjutant  general,  and  that  the  body  organized  as  aforesaid 
shall  adopt  such  uniform,  equipment  and  insignia  of  rank 
as  he  shall  prescribe.  He  may  authorize  the  use  by  any 
such  body  of  any  state  armory  for  drill  or  training;    pro- 


drill 


Acts,  1939.  —  Chap.  425.  519 

vided,  that  such  use  shall  not  interfere  with  the  occupation 
and  use  of  the  armory  by  the  organized  mihtia.  He  may, 
at  any  time,  disband  any  such  body.  This  section  shall  be 
operative  only  during  such  time  as  the  United  States  may 
be  in  a  state  of  actual  warfare. 

Section  51.     Whoever  violates  any  provision  of  section  Penalty. 
forty-nine  or  fifty  shall  be  punished  by  a  fine  of  not  more 
than  fifty  dollars  or  by  imprisonment  for  not  more  than  six 
months,  or  both. 

Section  52.  Division,  brigade,  regimental,  battahon,  Company, 
squadron,  company,  mess,  band  or  detachment  funds  shall  ®*''-  ^""'^^• 
be  maintained  and  conducted  as  the  commander-in-chief 
may  prescribe  in  regulations.  The  administration  of  such  a 
fund  by  the  officer  designated  in  regulations  to  have  the 
custody  thereof  shall  be  one  of  the  duties  pertaining  to  his 
office  and  for  the  proper  performance  of  which  he  shall  fur- 
nish bond  to  the  commonwealth.  Suit  on  the  bond  of  such 
officer  to  recover  for  any  misappropriation  of  the  fund  shall 
be  brought  in  the  nam.e  of  the  commonwealth  for  the  benefit 
of  the  organization  affected.  Upon  the  disbandment  of 
any  organization  maintaining  a  fund  as  above  provided,  the 
adjutant  general  shall  at  once  become  custodian  or  treasurer 
thereof  and  shall  distribute  said  funds  to  such  units  or 
organizations  as  he  may  determine  to  be  equitably  entitled 
thereto,  or,  if  no  organization  is  so  entitled,  shall  draw  a 
check  for  the  total  amount  on  deposit  in  favor  of  the  state 
treasurer,  who  shall  hold  such  funds  or  shall  expend  them 
as  the  general  court  may  prescribe. 

Section  53.  Members  of  the  organized  militia  shall  not  Ju^y  '^^^y• 
be  liable  for  jury  duty,  and  any  citizen  who  has  served  for  hom^^'"'' 
nine  years  in  the  organized  militia,  or  whose  total  faithful 
service  in  the  organized  militia  and  in  the  United  States 
army  in  time  of  war  equals  nine  years,  shall  be  exempt  for 
life  from  jury  duty.  No  officer  or  soldier  shall  be  arrested 
on  civil  process  while  going  to,  remaining  at  or  returning 
from  a  place  where  he  is  ordered  to  attend  for  military  duty 
under  sections  eleven,  seventeen,  eighteen,  nineteen  or  one 
hundred  and  five. 

Section  54-  Any  person  in  the  service  of  the  common-  state  and 
wealth,  or  of  a  county,  city  or  town  which,  by  vote  of  its  ^pioy^^. 
county  commissioners  or  city  council  or  of  its  inhabitants 
at  a  town  meeting,  accepts  this  section,  shall  be  entitled, 
during  the  time  of  his  service  in  the  organized  militia,  under 
sections  eleven,  seventeen,  eighteen,  nineteen,  one  hundred 
and  five  or  one  hundred  and  fifty-four,  or  during  his  annual 
tour  of  duty  of  not  exceeding  fifteen  days  as  a  member  of 
the  organized  reserve  of  the  army  of  the  United  States  or 
of  the  United  States  naval  reserve  forces,  to  receive  pay 
therefor,  without  loss  of  his  ordinary  remuneration  as  an 
employee  or  official  of  the  commonwealth,  or  of  such  county, 
city  or  town,  and  shall  also  be  entitled  to  the  same  leaves 
of  absence  or  vacation  with  pay  given  to  other  like  employees 
or  oflBicials. 


520  Acts,  1939.  —  Chap.  425. 

wii^'on  duty  Section  55.  A  member  of  the  organized  militia  who  shall, 
when  on  duty  or  when  assembled  therefor  under  sections 
eleven,  seventeen,  eighteen,  nineteen,  one  hundred  and  five,, 
one  hundred  and  twelve  or  one  hundred  and  fifty-four,  re- 
ceive any  injury  by  reason  of  such  duty  or  assembly,  or 
who  shall  without  fault  or  neglect  on  his  part  be  wounded 
or  disabled,  or  contract  any  sickness  or  disease,  while  per- 
forming any  such  lawfully  ordered  militia  duty,  incapaci- 
tating him  from  pursuing  his  usual  business  or  occupation, 
shall,  during  the  period  of  such  incapacity,  receive  com- 
pensation to  be  fixed  by  a  board,  appointed  as  hereinafter 
provided,  to  inquire  into  his  claim,  not  exceeding  in  amount 
the  pay  plus  ration  allowance  provided  for  by  this  chapter 
and  actual  necessary  expenses  for  care  and  medical  attend- 
ance. In  case  of  death  resulting  from  such  injury,  sickness 
or  disease,  compensation  shall  be  paid  to  the  decedent's 
dependents,  as  determined  in  accordance  with  section  thirty- 
two  and  clause  (3)  of  section  one,  both  of  chapter  one  hun- 
dred and  fifty-two,  in  the  amounts  provided  by,  and  other- 
wise subject  to,  section  thirty-one  of  said  chapter;  provided, 
that  compensation  to  such  dependents  other  than  widows 
and  children  shall  be  based  on  the  pay  plus  ration  allow- 
ance hereinbefore  mentioned,  and  that,  for  the  purposes 
hereof,  said  board  shall  exercise  all  the  powers  given  by  said 
provisions  of  chapter  one  hundred  and  fifty-two  to  the  de- 
partment of  industrial  accidents.  All  claims  arising  under 
this  section  shall  be  inquired  into  by  a  board  of  three  officers, 
at  least  one  of  whom  shall  be  a  medical  officer,  appointed 
b}^  the  commander-in-chief.  The  board  shall  have  the  same 
power  to  take  evidence,  administer  oaths,  issue  subpoenas 
and  compel  witnesses  to  attend  and  testifj^  and  produce 
books  and  papers,  and  to  punish  their  failure  to  do  so,  as 
is  possessed  by  a  general  court-martial.  The  findings  of 
the  board  shall  be  subject  to  the  approval  of  the  com- 
mander-in-chief. The  amount  so  found  due  and  so  ap- 
proved shall  be  a  charge  against  the  commonwealth,  and 
paid  in  the  same  manner  as  other  military  accounts. 

Section  56.  Whoever  wilfully  deprives  a  member  of  the 
organized  militia  of  his  employment,  or  denies  him  employ- 
ment, or  prevents  his  being  employed  by  another,  or  ob- 
structs or  annoys  him  or  his  employer  in  respect  of  his  trade, 
business  or  employment,  because  of  such  member's  connec- 
tion with  the  organized  militia  or  because  of  his  necessary 
absence  from  business  in  performance  of  his  duty  as  such,  and 
whoever  dissuades  any  person  from  enlisting  in  the  organized 
militia  by  threat  of  injury  to  him  in  respect  of  his  employment, 
trade  or  business,  or  of  other  injury,  if  he  shall  so  enlist,  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dollars,  or 
by  imprisonment  for  not  more  than  six  months,  or  both. 

Payma.-.ter's  Scctiou  57.     Each  officer  regularly  assigned  to  the  duty 

of  paying  troops,  and  each  pay  officer  of  the  naval  militia, 
shall  give  bond  running  to  the  commonwealth  in  the  penal 
sum  of  ten  thousand  dollars,  with  such  surety  or  sureties  as 


Loss,  etc.,  of 
employment. 


Acts,  1939.  —  Chap.  425.  521 

may  be  approved  by  the  governor  and  council,  conditioned 
faithfully  to  perform  the  duties  of  his  office. 

Section  58.  Any  officer  of  the  organized  militia  to  whom  Bond  for 
any  public  property  is  at  any  time  issued  may  be  required  p'"op'''"*>' 
to  give  bond  running  to  the  commonwealth,  with  such  surety 
or  sureties  as  may  be  approved  by  the  governor  and  council, 
conditioned  faithfully  (1)  to  perform  the  duties  of  his  office; 
(2)  to  properly  hold  and  administer  funds;  (3)  to  use  all 
necessary  care  in  the  safe  keeping  of  military  stores  and 
property  committed  to  his  custody;  and  (4)  to  account  for 
and  deliver  to  his  successor,  or  to  any  other  person  authorized 
to  receive  the  same,  all  such  military  property  or  funds. 

Section  59.     The  premium  due  to  any  surety  company  for  Premium. 
acting  as  surety  on  any  bond  referred  to  in  section  fifty- 
seven,  fifty-eight  or  sixty  shall  be  paid  by  the  common- 
wealth. 

Section  60.  The  adjutant  general  may  arrange  for  such  schedule 
schedule  bonds  as  he  deems  advisable  to  take  the  place  of  ''°"'^®- 
bonds  required  by  law  from  any  officers  of  the  organized 
mihtia.  Each  such  schedule  bond  shall  be  with  surety  satis- 
factory to  the  governor  and  council,  and  conditioned  that 
the  officers  holding  the  positions  specified  in  said  bond  shall 
faithfully  perform  the  duties  of  their  respective  offices;  and 
it  shall  contain  such  other  conditions  or  provisions  as  may 
be  required  by  law.  Such  schedule  bond  shall  take  the  place 
of  any  bond  required  from  any  officer  holding  any  of  the 
positions  specified  in  such  schedule  bond. 

Section  61 .     This  chapter  shall  not  affect  the  right  of  the  Ancient  and 
Ancient  and  Honorable  Artillery  Company  of  Massachu-  Ar°tn'ier"'' 
setts  to  maintain  its  organization  as  a  military  company  and  ^j°j'^^P'*p^^g°/jjg 
its  constitution  and  by-laws  in  so  far  as  the  same  are  not     '^^''^''  "^'' 
repugnant  to  the  laws  of  this  commonwealth  or  of  the  United 
States  and  do  not  restrain  the  lawful  parade  or  exercise  of 
the  organized  militia. 

Section  62.     Civil    officers    named    in   this    chapter    who  Penalty  pn 
neglect  or  refuse  to  obey  any  of  its  provisions  shall,  except  officer. ""'^ 
as  otherwise  expressly  provided,  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars. 

Section  63.     Money    or    other    suitable    prizes    may    be  Prizes, 
awarded  for  shooting,  athletic  or  other  competitions  in  the 
organized  militia  under  such  regulations  as  the  commander- 
in-chief  shall  determine,  which  prizes  shall  be  paid  or  fur- 
nished by  the  commonwealth. 

Section  64.  There  shall  annually  be  allowed  and  paid  by  Military 
the  commonwealth  such  sums  as  may  be  appropriated,  to  be  '"^'''"°'''°"- 
expended  under  the  direction  of  the  adjutant  general  in 
furnishing  the  officers  and  men  of  the  organized  militia  with 
uniform  instruction  in  military  authority,  organization  and 
administration  and  in  the  elements  of  military  art.  Cer- 
tificates for  allowance  of  expenses  incident  to  such  instruction 
shall  be  furnished  to  the  adjutant  general  and  upon  his 
approval  payment  shall  be  made  to  the  persons  certified  to 
be  entitled  thereto. 


522 


Acts,  1939.  —  Chap.  425. 


Massachusetts 

Military 

Academy. 


Section  65.  (a)  There  is  hereby  estabUshed  the  Massa- 
chusetts Mihtary  Academy,  hereinafter  called  the  academy, 
which  shall  offer  to  selected  enlisted  men  and  commissioned 
officers  of  the  National  Guard  of  satisfactory  educational  and 
military  attainments  such  courses  of  instruction  to  prepare 
them  for  the  responsibility  of  commissioned  command  as  the 
commander-in-chief  may  prescribe. 

(6)  Under  such  regulations  as  the  commander-in-chief  may 
prescribe,  the  educational  policies,  courses  of  study,  stand- 
ards of  admission  and  graduation  of  the  academy  shall  be 
determined  by  an  academic  board  of  seven  commissioned 
officers  appointed  by  the  commander-in-chief,  at  least  a 
majority  of  whom  shall  be  active  officers  of  the  national 
guard  at  the  time  of  their  appointment.  Members  of  the 
academic  board  shall  serve  for  such  terms  as  the  commander- 
in-chief  may  prescribe,  or  until  relieved  by  his  order. 

(c)  Subject  to  the  approval  of  the  commander-in-chief, 
the  academic  board  shall  appoint  a  commandant,  an  assistant 
commandant  and  a  supply  officer  of  the  academy,  who  shall 
serve  for  such  terms  as  the  academic  board  may  prescribe,  or 
until  their  resignations  are  accepted,  or  until  they  are  re- 
lieved by  a  majority  vote  of  the  said  board. 

{d)  The  conmiandant  shall  select  faculty  members,  in- 
structors and  employees  and  shall  administer  the  academy 
in  accordance  with  such  regulations  as  the  academic  board 
may  prescribe. 

(e)  The  commandant  and  such  other  persons  concerned 
with  the  administrationof  the  academy  as  are  designated  by  the 
commander-in-chief  shall  receive  such  pay  and  may  incur  such 
expenses  for  the  operation  of  the  academy  as  the  commander- 
in-chief  shall  authorize. 


Composi- 
tion of. 


National 
guard. 


First  and 
Second  Corps 
of  Cadets. 


LAND    FORCES. 

Organization. 

Section  66.  The  land  forces  shall  consist  of  the  active 
national  guard,  the  inactive  national  guard,  retired  officers, 
and  such  other  units,  officers  and  enlisted  men  as  the  com- 
mander-in-chief may  from  time  to  time  prescribe. 

Section  67.  The  national  guard  shall  consist  of  such  or- 
ganizations and  units,  regiments  or  other  units  as  the  com- 
mander-in-chief may  from  time  to  time  authorize  to  be 
formed,  all  to  be  organized  in  accordance  with  the  laws  of 
the  United  States  affecting  the  national  guard  and  the  regu- 
lations issued  by  the  secretary  of  war. 

Section  68.  The  First  Corps  of  Cadets  and  the  Second 
Corps  of  Cadets  shall  be  organized  as  the  commander-in- 
chief  directs,  and  may  retain  their  respective  names,  the 
right  to  wear  such  distinctive  uniforms  as  may  be  approved 
from  time  to  time  by  the  commander-in-chief,  and  retain 
their  ancient  privileges  as  prescribed  by  the  act  of  congress 
known  as  the  National  Defense  Act,  and  acts  in  addition 
thereto  and  in  amendment  thereof. 


Acts,  1939.  —  Chap.  425.  523 


Staff  Corps  and  Departments. 

Section  69.  (a)  There  shall  be  a  state  surgeon  who,  under  state 
the  direction  of  the  adjutant  general,  shall  have  general  ^"'■^^°''- 
supervision  and  control  of  aU  matters  pertaining  to  the 
medical  department  of  the  organized  mihtia  and  shall  pur- 
chase and  issue  all  medical  and  hospital  supplies.  Except 
when  ordered  on  duty  under  sections  eleven,  seventeen, 
eighteen,  nineteen  or  one  hundred  and  five,  the  state  surgeon 
shall  receive  a  salary  of  fifteen  hundred  dollars.  For  serv- 
ices rendered  to  the  commissioner  of  state  aid  and  pensions 
in  cases  of  state  or  military  aid  and  soldiers'  relief  he  may 
receive  such  compensation,  not  exceeding  twelve  hundred 
dollars  per  annum,  as  said  commissioner  shall  approve. 

(6)  There  shall  be  a  state  judge  advocate  who,  under  the  state  judge 
direction  of  the  adjutant  general,  shall  be  the  legal  adviser  advocate. 
of  the  mihtary  division  in  matters  referred  to  him  by  law  or 
by  the  commander-in-chief.  He  shall  examine  and  report 
in  writing  to  the  commander-in-chief  on  all  proceedings  of 
courts-martial  requiring  the  action  of  the  commander-in- 
chief.  He  shall  bring  all  necessary  actions,  in  connection 
with  the  foregoing,  and,  except  when  ordered  on  duty  under 
sections  eleven,  seventeen,  eighteen,  nineteen  or  one  hun- 
dred and  five,  shall  receive  a  salary  of  fifteen  hundred 
dollars. 

(c)  There  shall  be  a  state  quartermaster  appointed  or  de-  state  quarter- 
tailed  by  the  commander-in-chief  who,  under  the  direction  master, 
of  the  adjutant  general,  shall,  except  as  otherwise  provided 
in  this  chapter  and  in  chapter  three  hundred  and  forty-four 
of  the  acts  of  nineteen  hundred  and  thirty-six,  have  the  care 
and  control  of  all  land  and  buildings  held  for  military  pur- 
poses, of  the  soldiers'  burial  lot  and  monument  at  Dedham, 
and  of  all  other  mihtary  property  of  the  commonwealth  ex- 
cept such  as  is  by  law  expressly  intrusted  to  the  keeping  of 
other  officers,  departments,  boards  or  commissions.  Except 
when  ordered  on  duty  under  sections  eleven,  seventeen, 
eighteen,  nineteen  or  one  hundred  and  five,  he  shall  receive 
a  salary  of  three  thousand  dollars.  He  shall  give  bond  to 
the  commonwealth  in  the  penal  sum  of  twenty  thousand 
dollars  with  surety  or  sureties  approved  by  the  governor 
and  council,  conditioned  faithfully  to  perform  the  duties  of 
his  office  as  specified  hereinbefore  or  as  may  be  prescribed 
by  the  commander-in-chief. 

{d)  There  shall  be  a  state  finance  officer  who  shall  be  the  state  finance 
property  and  disbursing  officer  for  Massachusetts,  and  who,  °^'''"'" 
under  the  direction  of  the  adjutant  general,  shall  receive, 
issue,  disburse  and  account  for  all  federal  funds  and  prop- 
erty issued  or  allotted  to  the  commonwealth  for  use  in  con- 
nection with  the  organized  mihtia.  He  shall  make  such 
returns  and  reports  concerning  the  same  as  may  be  required 
by  law  and  regulation  and  shall  carry  out  such  orders  as 
may  be  issued  from  time  to  time  by  the  secretary  of  war. 


524 


Acts,  1939.  —  Chap.  425. 


Other 
officers. 


Officers 
not  to  be 
pecuniarily 
interested  in 
purchases,  etc. 


Penalty. 


He  shall  hold  rank  in  accordance  with  the  provisions  of 
the  act  of  congress  known  as  the  National  Defense  Act, 
and  acts  in  addition  thereto  and  in  amendment  thereof,  and 
the  regulations  issued  thereunder,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  the  commander-in- 
chief.  Except  when  ordered  on  duty  under  sections  eleven, 
seventeen,  eighteen,  nineteen  or  one  hundred  and  five,  he 
shall  receive  from  the  commonwealth  a  salary  of  not  exceed- 
ing one  thousand  dollars  per  annum. 

(e)  The  state  inspector,  state  ordnance  officer,  and  all 
other  state  staff  corps  and  departmental  officers  shall,  under 
the  direction  of  the  adjutant  general,  have  such  functions 
and  perform  such  duties  as  in  general  pertain  to  their  re- 
spective offices  as  prescribed  in  orders  or  regulations  from 
time  to  time  by  the  commander-in-chief. 

(/)  During  the  absence  or  disability  of  the  chief  of  any 
staff  corps  or  department,  or  during  such  time  as  he  is  in  the 
military  service  of  the  United  States,  the  commander-in- 
chief  may  in  orders  designate  some  officer  to  perform  his 
duties. 

Section  70.  The  adjutant  general,  the  officers  of  a  corps 
or  department,  and  the  officers  attached  thereto,  shall  not 
be  interested,  directly  or  indirectly,  in  the  purchase  or  sale 
of  any  articles  intended  for,  or  appertaining  to,  their  re- 
spective departments,  except  for  and  on  account  of  the 
commonwealth;  nor  shall  they  or  any  of  them  take  or  apply 
to  his  or  their  own  use,  for  negotiating  or  transacting  business 
in  their  respective  departments,  any  gift,  gain  or  advan- 
tage other  than  that  allowed  by  law.  The  holding  of  less 
than  five  per  cent  of  the  stock  of  a  corporation  which  is  the 
vendor  or  purchaser  of  any  article  as  above  described  when 
the  officer  concerned  neither  holds  office  in  such  corporation 
nor  receives  from  it  any  emoluments  other  than  dividends 
as  a  shareholder,  shall  not  be  deemed  to  be  included  in  the 
prohibition  of  this  section. 

Section  71.  Any  officer  violating  any  provision  of  section 
seventy  shall  be  punished  by  a  fine  of  not  more  than  five 
thousand  dollars,  or  by  imprisonment  for  not  more  than  two 
and  one  half  years  in  a  jail  or  house  of  correction  or  not  less 
than  two  and  one  half  nor  more  than  five  years  in  the  state 
prison,  or  by  both  such  fine  and  imprisonment. 


Commissioned  Officers  —  Appointment. 
Eligibility.  Section  72.    No  person  shall  be  eUgible  to  appointment, 

or  be  appointed,  as  a  commissioned  officer  in  the  land  forces 
who  is  not  a  male  citizen  of  the  United  States  of  twenty-one 
years  of  age  or  over,  resident  in  the  commonwealth,  or  who 
is  not  certified  as  eligible  by  the  military  service  commission 
as  hereinafter  provided;  and  no  person  shall  be  ehgible  to 
such  appointment,  or  be  appointed,  who  is  under  sentence 
of  a  court  or  board  which  disables  him  from  holding  office  or 
command,  or  is  under  suspension  from  command,  in  the 


Acts,  1939.  —  Chap.  425.  525 

military  forces  of  the  United  States  or  of  any  state,  or  is 
under  sentence  of  imprisonment  by  a  civil  court,  whether 
suspended  or  not,  or  is  made  ineligible  to  such  service  under 
the  laws  of  the  United  States.  No  person  shall  receive  a 
commission  in  the  national  guard  unless  he  has  been  se- 
lected from  such  classes  as  may  be  prescribed  by  the  laws 
of  the  United  States  and  has  qualified  for  such  commission 
thereunder. 

Section  73.  Seniority  of  commissioned  officers  of  the  seniority. 
same  grade  shall  be  determined  by  the  date  of  their  appoint- 
ment. Between  officers  of  the  same  grade  and  date  of  ap- 
pointment, where  there  has  been  no  previous  commissioned 
service,  the  relative  rank  shall  be  determined  by  previous 
enlisted  service.  Where  there  has  been  previous  commis- 
sioned service  in  the  army  of  the  United  States,  the  national 
guard,  the  national  guard  reserve,  or  the  inactive  national 
guard  of  the  commonwealth,  it  shall  count  in  the  order 
herein  named. 

The  day  of  the  appointment  of  an  officer  shall  be  expressed 
in  his  commission  and  shall  be  considered  as  the  date  thereof. 
When  an  officer  is  appointed  or  transferred  from  one  office 
or  organization  to  another,  without  increase  of  grade  or  loss 
of  continuous  service,  he  shall  rank  in  his  grade  according 
to  the  date  of  his  original  commission,  which  shall  be  stated 
in  his  new  commission. 

Section  7^.    All  staff  and  department  officers  of  the  na-  stas,  etc., 
tional  guard  shall  have  had  previous  military  experience,  age'^of"'^"*^ 
and  shall  hold  their  positions  until  they  reach  the  age  of  ' 
sixty-four  years,  unless  retired  prior  to  that  time  by  reason 
of  resignation,  disability,  or  for  cause  to  be  determined  by 
a  court-martial  legally  convened  for  that  purpose,   or  as 
otherwise  provided  by  law. 

Section  75.     No  person  shall  be  eligible  to  appointment,  Medical,  etc., 
or  be  appointed,  as  a  medical,  dental  or  veterinary  commis-  ° 
sioned  officer  unless  he  is  duly  registered  in  accordance  with 
the  laws  of  the  commonwealth,  and  complies  with  its  laws 
relative  to  the  practice  of  his  profession. 

Section  76.     (a)  There  shall  be  a  military  service  com-  Military 
mission,   hereinafter   called   the   commission,   consisting  of  '''''''''''^-,  ■„„ 

iiiii-  commission. 

three  commissioned  officers  appointed  or  detailed  for  terms 
of  three  years  by  the  commander-in-chief.  Upon  the  expira- 
tion of  the  term  of  office  of  each  commissioner,  his  successor 
shall  be  appointed  or  detailed  for  three  years. 

(6)  The  commission  shall  establish  an  eligible  list  for  all 
commissioned  grades  and  warrant  officers  in  the  land  forces. 

(c)  The  commission  shall  from  time  to  time  prepare 
rules,  to  take  effect  upon  approval  by  the  commander-in- 
chief,  regulating  the  selection  of  persons  to  fill  commissioned 
and  warrant  offices  in  the  land  forces.  Such  rules  may  be 
of  general  or  limited  application  and  shall  include  provision 
for:  (1)  The  classification  of  all  grades  to  be  filled;  (2)  open, 
competitive  and  other  examinations  to  test  the  practical 
fitness  of  appHcants;  and  (3)  the  filling  of  vacancies  in  and 


526  Acts,  1939.  —  Chap.  425. 

selection  of  persons  for  commission  in  the  land  forces,  in 
accordance  with  the  fitness  of  applicants  and  the  results  of 
such  examination. 

(d)  The  commission  may  designate  commissioned  officers 
of  the  regular  army  or  the,  land  forces  to  act  as  examiners. 

(e)  Members  of  the  commission  and  examiners  shall  re- 
ceive such  pay  for  duty  performed,  and  may  incur  such 
expenses,  as  the  commander-in-chief  shall  authorize. 

(/)  The  commission  shall  prepare  a  full  record  of  its  pro- 
ceedings and  findings  in  the  case  of  each  person  appearing 
before  it  for  examination. 

(g)  All  examinations  for  physical  qualifications  to  hold 
ofiice  in  the  land  forces  shall  be  made  by  a  board  of  three 
medical  officers  detailed  by  the  commander-in-chief  for 
that  purpose,  who  shall  report  their  findings  to  him.  If 
the  commander-in-chief  finds  that  an  officer  reported  to  be 
physically  unsound  possesses  professional  and  general  quali- 
fications of  a  high  order,  and  that  his  physical  disabilities 
will  not  materially  impair  his  efficiency  as  an  officer,  he  may 
thereupon  waive  such  physical  disabihties  and  order  the 
ofl&cer  to  duty.  A  detailed  description  of  such  disabilities 
and  all  reports  and  facts  resulting  in  a  waiver  of  the  same 
shall  be  entered  in  the  mifitary  record  of  the  officer  concerned. 

(h)  An  officer,  or  warrant  officer,  certified  as  eligible  for 
his  grade,  if  assigned  to  duty  in  that  grade,  shall  not  be 
required  to  take  another  examination  under  the  rules  adopted 
by  authority  of  subsection  (c)  of  this  section  in  order  to 
continue  to  hold  the  same  commission  or  warrant;  pro- 
vided, that  the  commission  may,  by  rule  or  regulation,  limit 
the  length  of  time  during  which  an  applicant's  name  may 
remain  on  an  eligible  list  without  re-examination. 

(i)  Officers  appointed  from  one  office  to  another  of  equal 
or  lower  grade  in  the  same  branch  of  the  military  service, 
chaplains,  for  initial  appointment  only,  and  retired  officers, 
shall  be  exempt  from  all  examinations  under  this  chapter, 
as  to  professional  and  practical  qualifications. 

0')  Subject  to  Article  LIII  of  the  Articles  of  Amendment 
of  the  Constitution,  any  person  certified  as  eligible  for  any 
specified  grade  in  the  national  guard  under  the  laws  of  the 
United  States  shall  be  placed  on  the  eligible  list  by  the  com- 
mission without  professional  examination.  The  commis- 
sion shall  prepare  the  final  examination  of  the  Massachu- 
setts Milita.ry  Academy,  and  graduates  of  said  academy  shall 
be  placed  on  the  eligible  list. 

(k)  A  major  general  commanding  a  division  shall  be  ap- 
pointed by  the  commander-in-chief  from  the  brigadier  gen- 
erals who  are  in  command  of  the  several  brigades  of  such 
division,  or  who  within  a  period  of  two  years  have  been  in 
command  of  such  brigades  and  have  had  active  service  for 
at  least  two  years  as  brigadier  generals. 

A  brigadier  general  commanding  an  infantry  brigade  shall 
be  appointed  by  the  commander-in-chief,  upon  recommenda- 
tion of  the  division  commander,  from  the  colonels  who  are 


Acts,  1939.  —  Chap.  425.  527 

in  command  of  the  several  infantry  regiments  of  the  divi- 
sion, or  who  within  a  period  of  two  years  have  been  in  com- 
mand of  such  regiments  and  have  had  active  service  for  at 
least  two  3'ears  as  such  colonels. 

A  brigadier  general  commanding  an  artillery  brigade  shall 
be  appointed  by  the  commander-in-chief,  upon  recommen- 
dation of  the  division  commander,  from  the  colonels  who 
are  in  command  of  the  several  artillery  regiments  of  such 
brigade,  or  who  within  a  period  of  two  years  have  been  in 
command  of  such  regiments  and  have  had  active  service  for 
at  least  two  years  as  such  colonels. 

Regimental  and  separate  organization  commanders  shall 
be  appointed  by  the  commander-in-chief  from  the  officers  of 
their  respective  regiments  and  organizations,  upon  the  rec- 
ommendation of  superior  commanders. 

Chiefs  of  departments  shall  be  appointed  by  the  com- 
mander-in-chief from  said  list. 

Department  officers  shall  be  appointed  by  the  com- 
mander-in-chief, upon  the  recommendation  of  the  chief  of 
the  department  in  which  the  appointment  is  to  be  made; 
provided,  that  if  such  an  officer  is  to  be  assigned  or  detailed 
to  an  organization  the  appointment  shall  be  upon  the  rec- 
ommendation of  its  commander. 

All  other  officers  shall  be  appointed  by  the  commander- 
in-chief,  upon  the  recommendation  of  regimental  or  sepa- 
rate unit  commanders,  approved  by  superior  commanders. 

All  commissioned  officers  of  the  land  forces  shall  be  se- 
lected from  the  eligible  hst  provided  for  in  this  section. 

Section  77.  No  person  commissioned  as  an  officer  in  the  Qualifications 
national  guard  shall  enter  upon  the  performance  of  his  sfoned^fficera. 
official  duties  or  exercise  any  command  unless  he  shall  have 
taken  and  subscribed  to  the  oath  of  office,  shall  have  been 
selected  from  such  classes,  and  shall  have  successfully 
passed  such  tests  as  to  his  physical,  moral  and  professional 
fitness,  as  are  prescribed  by  the  laws  of  the  United  States, 
except  that  an  officer  may  be  ordered  to  duty  pending  such 
tests  as  hereinbefore  provided. 

The  commander-in-chief  shall  forthwith  discharge,  or 
place  upon  the  retired  list  under  section  eighty-four,  unless 
further  time  is  allowed  for  cause,  any  officer  failing  to  pass 
satisfactorily  the  tests  required  by  this  chapter  or  the  laws 
of  the  United  States  and  the  regulations  issued  thereunder. 

Section  78.     Commissioned   officers  shall  provide   them-  uniforms, 
selves  with  uniforms,  arms  and  equipments  prescribed  by  '''^''■ 
the  commander-in-chief. 

Section  79.     Every  commissioned  officer,  before  entering  oath  of 
upon  the  performance  of  his  official  duties  or  exercising  any  °^''^- 
command,  shall  take  and  subscribe  the  following  oaths  and 
declarations : 

I,   ,  do  solemnly  swear  that  I  will  bear  true  faith 

and  allegiance  to  the  commonwealth  of  Massachusetts,  and 
will  support  the  constitution  thereof.    So  help  me,  God. 


528 


Acts,  1939.  —  Chap.  425. 


I,  ,  do  solemnly  swear  that  I  will  obey  the  lawful 

orders  of  all  my  superior  officers.     So  help  me,  God. 

I,   ,  do  solemnly  swear  that  I  will  faithfully  and 

impartially  discharge  and  perform  all  the  duties  incumbent 
on  me  as  ,  according  to  the  best  of  my  ability 

and  understanding,  agreeably  to  the  rules  and  regulations 
of  the  constitution  and  the  laws  of  the  commonwealth.  So 
help  me,  God. 

I, ,  do  solemnly  swear  that  I  will  support  the  con- 
stitution of  the  United  States.    So  help  me,  God. 

All  officers  shall  take  and  subscribe  the  said  oaths  before 
any  competent  authority  or  an  officer  qualified  under  sec- 
tion one  hundred  and  forty  to  administer  oaths,  except 
retired  officers  and  the  staff  of  the  commander-in-chief  who 
may  take  said  oaths  before  any  competent  authority;  and 
the  following  certificate  shall  be  printed  on  every  commis- 
sion and  shall  be  signed  by  the  person  before  whom  the 
officer  is  qualified: 

This  may  certify  that  ,  commissioned  as  within 

on  this  day  of  ,  A.D.  ,  personally 

appeared  and  took  and  subscribed  the  oaths  required  by 
the  constitution  and  laws  of  this  commonwealth  and  by  a 
law  of  the  United  States,  to  quahfy  him  to  discharge  the 
duties  of  his  office. 

Before  me, 


Discharge 
of  officer. 


Certificate 
of  discharge. 


Term  of 
certain  officers. 


Commissioned  Oifi.cer  —  Discharge  and  Retirement. 

Section  80.  (a)  At  any  time  the  moral  character,  ca- 
pacity and  general  fitness  for  the  service  of  any  officer  may 
be  investigated  and  determined  b.y  an  efficiency  board  of 
three  commissioned  officers,  senior  in  rank  to  him,  to  be 
appointed  by  the  commander-in-chief.  The  investigation 
may  include  misconduct  in  civil  life  for  which  the  officer  is 
not  amenable  to  court-martial.  If  the  findings  of  the  board 
are  unfavorable  to  the  officer  and  are  approved  by  the  com- 
mander-in-chief, the  officer  shall  be  discharged. 

(6)  An  officer  may  be  honorably  discharged  by  the  com- 
mander-in-chief upon  removal  of  residence  from  the  com- 
monwealth, upon  tender  of  resignation,  or  when  he  accepts 
an  appointment  in  the  army  or  navy  of  the  United  States. 

(c)  The  commander-in-chief  may  discharge  an  officer  who 
is  under  sentence  of  imprisonment  by  a  civil  court,  whether 
suspended  or  not,  or  who  has  been  absent  without  leave  for 
three  months. 

Section  81 .  Officers  discharged  from  the  service  of  the 
conmionwealth  shall  be  entitled  to  a  certificate  of  discharge, 
in  such  form  as  the  commander-in-chief  shall  direct. 

Section  82.  Upon  completion  of  the  five  year  term  of  office 
heretofore  provided  by  law  for  general  officers  of  the  line, 
their  successors  and  general   officers  of  the  line  hereafter 


Acts,  1939.  —  Chap.  425.  529 

appointed  shall  be  appointed  for  five  years  in  the  case  of  a 
major  general  and  six  years  in  the  case  of  a  brigadier  general. 
The  terms  of  office  aforesaid  shall  commence  from  the  date 
of  appointment  and  officers  so  appointed  shall  be  ineligible 
for  reappointment  in  the  same  grade.  The  time  during  which 
an  officer  is  in  the  militarj^  service  of  the  United  States  shall 
be  excluded  from,  and  shall  be  in  addition  to,  the  term  of 
office  herein  specified. 

Section  83.  The  term  of  office  for  a  colonel  of  a  regiment  Same 
or  the  commanding  officer  of  a  separate  organization  shall  ^"''J*''"*- 
be  seven  years  from  the  date  of  his  appointment  and  he  shall 
be  ineligible  for  reappointment.  The  time  during  which  such 
an  officer  is  in  the  military  service  of  the  United  States  shall 
be  excluded  from,  and  shall  be  in  addition  to,  the  term  of 
office  herein  specified. 

Section  84-     Any    commissioned    officer    in    the    military  Retirement 
service  of  the  age  of  sixty-four  shall  be  discharged,  or,  upon  °^  "*i^cers. 
his  own  request,  placed  upon  the  retired  list  with  the  highest 
rank  held  by  him  in  the  active  military  service. 

An  officer  upon  the  retired  list  accepting  a  commission  in 
the  active  military  forces  of  the  commonwealth  may  again  be 
placed  upon  said  retired  list,  at  his  own  request,  with  the 
rank  then  held  by  him,  his  former  rank  on  the  retired  list,  or 
any  lower  rank. 

Any  officer  of  the  organized  militia,  with  five  years  or  more 
commissioned  service,  may  be  placed  upon  the  retired  list 
with  the  highest  rank  held  by  him  in  the  active  military 
service  or  a  lower  rank. 

Section  85.     The  commander-in-chief  may  order  any  com-  Retirement 
missioned  officer  before  a  medical  board  consisting  of  at  fo^  disability, 
least  three  commissioned  medical  officers,  and,  if  the  board 
reports  such  officer  to  be  physically  unable  to  perform  the 
duties  of  his  office,  the  commander-in-chief  may  discharge 
him  or  place  him  on  the  retired  list. 

Section  86.  Retired  officers  shall  be  commissioned  on  the  Retired 
retired  hst  by  the  commander-in-chief,  by  regulations  pro-  •'***• 
mulgated  by  him,  and  on  occasions  of  ceremony  may,  and 
when  acting  under  orders  as  hereinafter  provided  shall,  wear 
the  uniform  of  their  retired  rank.  They  shall  be  eligible  to 
perform  any  military  duty  to  the  same  extent  as  if  not 
retired,  and  the  commander-in-chief  may  require  them  to 
serve  upon  military  boards,  courts  of  inquiry  and  courts- 
martial,  or  to  perform  any  other  special  or  temporary  military 
duty,  and  while  actively  engaged  in  such  duty  they  shall 
receive  the  pay  and  allowances  provided  for  like  service  by 
officers  of  the  land  forces.  They  shall  be  amenable  to  court- 
martial  for  military  offences. 

Non-commissioned  Officers  —  Appointment  and  Reduction. 


enlist  or  keep  warranted,  appointed  or  enhsted  the  number 
of  non-commissioned  staff  officers,  non-commissioned  offi- 


oonform 
law,  etc. 


530 


Acts,  1939. —  Chap.  425. 


Appointnipnt, 
etc.,  how 
made. 


cers  and  other  enlisted  men  specified  herein  or  required  in 
orders  of  the  commander-in-chief. 

Section  88.  The  commander-in-chief  shall  provide,  under 
regulations  promulgated  by  him,  how  and  by  whom  non- 
commissioned officers  and  other  rated  men  shall  be  appointed, 
warranted  and  reduced. 


Enlisted  Men. 

Section  89.  The  commander-in-chief  may,  by  regulations 
promulgated  by  him,  prescribe  such  conditions  of  qualifica- 
tions, enhstment,  service  and  discharge  of  enlisted  men  as 
he  deems  necessary,  but  such  regulations  shall  not  conflict 
with  the  laws  of  the  United  States  or  with  the  regulations 
issued  thereunder. 


Dishonorable 
discharge. 


Certificate 
of  discharge. 


Enlisted  Men  —  Discharge. 

Section  90.  A  dishonorable  discharge  shall  be  given  only 
to  carry  out  the  sentence  of  a  court-martial. 

Section  91.  A  discharged  soldier  shall  be  furnished  with 
a  certificate  of  discharge,  setting  forth  his  rank  and  stating 
clearly  the  reason  for  his  discharge. 


Supplies 
furnished 
by  state,  etc. 


Use  of, 
restricted. 


Responsibility 
for  military 
property. 


Public  Property  —  Issue,  Accountability,  etc. 

Section  92.  Except  as  otherwise  provided,  organizations 
of  the  land  forces  shall  be  provided,  at  the  expense  of  the 
commonwealth,  with  the  uniforms,  arms,  equipment,  vehi- 
cles, supphes  and  animals  necessary  for  their  proper  train- 
ing and  instruction  and  for  the  performance  of  military 
duty.  Such  property  shall  be  issued  as  the  commander-in- 
chief  may  prescribe.  The  state  quartermaster  may  make 
sales  of  clothing,  equipment,  ordnance  stores  and  medical 
stores  for  cash  to  officers  and  enlisted  men  of  the  organized 
militia,  and  the  money  so  received  by  him  shall  be  paid  to 
the  commonwealth. 

Section  93.  The  uniform  of  the  land  forces  shall  be  pre- 
scribed by  the  commander-in-chief.  No  uniforms,  except 
required  yearly  supplies,  shall  be  provided  by  the  common- 
wealth without  a  special  appropriation  therefor,  and  they 
shall  be  purchased  under  such  inspection  as  the  commander- 
in-chief  may  direct. 

Section  91^..  The  uniforms,  arms,  equipment  and  other 
property  so  provided  shall  be  used  only  for  military  pur- 
poses, under  regulations  promulgated  by  the  commander-in- 
chief,  who  shall  provide  how  and  where  such  property  shall 
be  kept  and  used,  and  shall  be  returned  when  ordered  by 
the  commander-in-chief. 

Section  95.  An  officer  or  soldier  shall  be  responsible  for 
the  care,  safe  keeping  and  return  of  all  military  property 
of  the  United  States  and  of  the  commonwealth  delivered  to 
him.  He  shall  use  the  same  for  military  purposes  only,  and 
upon  receiving  a  discharge  or  otherwise  leaving  the  military 
service,  or  upon  the  demand  of  his  commanding  officer,  shall 


Acts,  1939.  —  Chap.  425.  531 

forthwith  deUver  such  property  in  his  possession  to  the  com- 
manding officer,  or  to  any  officer  ordered  to  receive  it,  in 
good  order  and  condition,  reasonable  use  and  ordinary  wear 
thereof  excepted. 

Section  96.  (a)  An  officer  shall  be  accountable  for  mili-  To  account^ 
tary  property  of  the  United  States  and  of  the  commonwealth 
received  by  him  for  military  use,  and  shall  not  sell,  loan  or 
transfer  it  or  any  part  of  it,  without  the  authority  of  the 
commander-in-chief;  and  shall  be  liable  to  the  common- 
wealth for  all  such  property  defaced,  injured,  destroyed  or  lost 
by  his  neglect  or  default,  or  for  its  value,  to  be  recovered  in 
an  action  of  tort  brought  by  the  state  judge  advocate  in  the 
name  of  the  commonwealth. 

(b)  Commissioned  officers  shall  exercise  the  strictest  care 
and  vigilance  for  the  preservation  of  the  uniforms,  arms, 
equipment  and  other  property  furnished  to  their  several 
commands;  and,  in  case  of  any  loss  thereof  or  damage 
thereto  by  their  neglect  or  default,  they  shall  be  liable  to 
punishment  as  a  court-martial  may  direct. 

(c)  When  any  officer  or  enhsted  man  neglects  or  refuses 
to  return  any  military  property  of  the  United  States  or  of 
the  commonwealth  or  of  any  military  organization,  or  to 
account  satisfactorily  for  it  to  the  officer  responsible  for  its 
custody,  or  to  the  officer  ordered  to  receive  it,  such  custodian 
or  officer  may  make  a  written  complaint  directly  to  the  com- 
missioner of  pubUc  safety,  describing  the  offender  and  the 
missing  property,  and  thereupon  the  state  poUce  shall  make 
diligent  search  for  the  property  and  the  offender,  and  shall 
take  possession  of  all  such  property  and  turn  the  same  over 
to  the  officer  responsible  for  its  custody. 

Section  97.    (a)  An  officer  of  the  land  forces,  upon  vacat-  Disposition  of 
ing  an  office,  shall  turn  over  to  his  immediate  successor,  or  ^^r  rJcords^ 
other  officer  designated  by  the  commander-in-chief,  all  rec-  property.'''^^ 
ords,  reports  and  mihtary  property  in  his  possession  belong- 
ing or  in  any  way  pertaining  to  such  office. 

(6)  Upon  the  disbandment  of  any  organization  which  has 
received  military  property  for  military  use,  the  commis- 
sioned officers  responsible  for  such  property  shall  return  it 
to  the  officer  ordered  to  receive  it. 

(c)  Until  such  officer  responsible  for  such  military  prop- 
erty or  his  legal  representative  receives  from  the  adjutant 
general  notice  that  the  property  accounts  of  such  officer 
have  been  found  correct,  the  liability  of  such  officer  or  of  his 
estate  for  military  property  shall  continue.  Upon  the  death 
or  desertion  of  an  officer  responsible  for  military  property 
his  immediate  commanding  officer  shall  at  once  cause  such 
property  to  be  collected,  and  a  correct  inventory  made  by 
actual  count  and  examination.  Such  inventory  shall  be  for- 
warded to  the  adjutant  general,  and  compensation  for  any 
deficiency  may  be  recovered  as  provided  in  subsection  (a)  of 
section  ninety-six. 

Section  98.    Whoever  purchases,  retains  or  has  in  posses-  unlawful 
sion  any  military  propertj^  of  the  United  States  or  of  the  p°^^^^^*°"- 


532 


Acts,  1939.  —  Chap.  425. 


Loss,  etc., 
of  military 
property. 


Destruction 
of  and  injury 
to  military 
property. 


Use  of, 
regulatei 


Special 
uniforms. 


Personal 
property. 


Inspection 
of  military 
property. 


commonwealth,  unless  the  same  shall  have  been  issued  to  him 
or  is  in  his  possession  in  accordance  with  law,  shall  be  pun- 
ished by  a  fine  not  exceeding  ten  times  the  value  thereof. 

Section  99.  Every  officer  and  enlisted  man  of  the  land 
forces  who  loses  through  carelessness  or  neglect,  carries 
away,  or  unlawfully  disposes  of  military  property  of  the 
United  States  or  of  the  commonwealth,  shall  be  charged 
with  the  money  value  thereof,  as  determined  by  a  surveying 
officer  or  board  of  surve}'-  detailed  or  appointed  by  the  com- 
mander-in-chief to  investigate  and  report  upon  the  case. 
Such  surveying  officer  or  board  of  survey  shall  submit  with 
the  report  all  the  evidence  bearing  upon  the  loss  or  disposi- 
tion of  the  property. 

Section  100.  Every  officer  and  enlisted  man  who  wilfully 
or  mahciously  destroys,  injures  or  defaces  any  military 
property  of  the  United  States  or  of  the  commonwealth,  or 
who  loses  or  injures  such  property  through  carelessness  or 
neglect,  or  who  carries  away  or  unlawfully  disposes  of  such 
property,  or  who  retains  in  his  possession  such  property  and 
neglects  or  refuses  to  return  it  when  so  ordered,  or  who  uses 
it  in  violation  of  the  regulations  or  law,  or  who  fails  satis- 
factorily to  account  for  it,  shall  be  punished  as  a  court- 
martial  may  direct. 

Section  101.  No  soldier  shall  wear  or  use,  except  upon 
military  duty  or  by  special  permission  of  his  company  com- 
mander or  other  competent  authority,  any  uniform  or  other 
article  of  mihtary  property  of  the  United  States  or  of  the 
commonwealth. 

Section  102.  Any  organization  of  the  land  forces  may, 
with  the  approval  of  a  majority  of  its  commissioned  officers 
and  of  the  commander-in-chief,  adopt  at  its  own  expense 
any  other  uniform  than  that  prescribed  under  section  ninety- 
three,  but  such  uniforms  shall  not  be  worn,  except  by  per- 
mission of  the  commander-in-chief,  when  such  organization 
is  on  duty  under  his  orders. 

Section  103.  Any  organization  of  the  land  forces  may 
own  personal  property,  to  be  under  the  control  of  the  active 
members  thereof;  and  the  commanding  officer  of  any  such 
organization  may  recover  in  his  own  name  for  its  use,  in 
any  county  where  such  organization  or  part  thereof  is  lo- 
cated, any  debts  or  effects  belonging  to  it,  or  damages  for 
injury  to  such  property.  No  suit  pending  in  his  name  shall 
be  abated  by  his  ceasing  to  be  commanding  officer  of  the" 
organization;  but  his  successor  shall  be  admitted  to  prose- 
cute the  suit. 

Section  lOIf..  A  state  surveying  officer  or  a  board  of  three 
officers  designated  by  the  commander-in-chief  shall  inspect 
and  condemn  mihtary  property  of  the  commonwealth  unfit 
for  use;  and  no  such  property  shall  be  sold  until  it  has  been 
so  inspected  and  condemned,  and  the  condemnation  ap- 
proved by  the  commander-in-chief,  except  that  subsistence 
stores  of  a  perishable  nature,  which  would  spoil  before  action 
could  be  taken  by  the  state  surveying  officer  or  a  board  of 


Acts,  1939.  —  Chap.  425.  533 

inspection  as  above  provided,  may  be  sold  by  the  officer 
responsible  therefor,  after  survey  by  a  surveying  officer  de- 
tailed by  the  commanding  officer  of  the  organization.  The 
report  of  the  survey,  approved  by  the  commanding  officer, 
shall  be  forwarded  by  the  accountable  officer  with  his  report 
of  the  sale.  The  proceeds  of  all  sales  made  hereunder  shall 
be  paid  to  the  commonwealth. 

Duty  —  Active  and  Peace.     Inspection  and  Drill. 

Section  105.     The  land  forces  shall  perform  during  each  xour  of 
year  not  less  than  fifteen  days'  training  under  service  con-  '^'"*^- 
ditions  at  times  and  places  designated  by  the  commander- 
in-chief. 

Section  106.  When  on  duty  under  orders  of  the  com-  Entry  on 
mander-in-chief,  the  organized  miUtia  may  enter  upon  and  l^t"^'**"  ''*"''• 
occupy  any  public  or  private  lands  within  the  common- 
wealth for  the  necessary  purposes  of  such  duty,  and  no 
officer  or  soldier  shall  thereby  become  liable,  either  civilly 
or  criminally,  for  trespass;  but,  except  in  times  of  invasion, 
insurrection,  riot,  or  pubUc  catastrophe  or  danger,  neither 
the  organizations  of  the  militia  nor  individual  members 
thereof  shall  be  permitted  to  enter  houses  or  other  buildings 
or  their  immediate  enclosures,  without  the  consent  of  the 
owner  or  tenant  in  possession,  nor  to  go  upon  the  gardens, 
lawns,  tobacco  jQelds,  cranberry  meadows,  vineyards,  nurs- 
eries, fields  with  especially  valuable  crops,  orchards  or  ceme- 
teries unless  extreme  necessity  for  such  entry  exists,  and 
then  only  in  obedience  to  the  specific  orders  of  the  senior 
officer  present. 

Section  107.  In  the  case  of  land  entered  upon  under  sec-  Damago  to 
tion  one  hundred  and  six  for  an  encampment  or  other  sub-  niont  oMor. 
stantial  occupancy,  the  owner  thereof  shall  receive  damages 
in  the  nature  of  compensation  for  the  use  of  the  land  and 
for  any  injury  to  the  same  resulting  from  such  occupancy; 
and  in  the  case  of  land  so  entered  upon  or  passed  over  in 
the  course  of  maneuvers,  field  exercises,  or  any  similar  tran- 
sient purposes,  the  owner  shall  receive  damages  for  any 
injury  to  the  same  resulting  from  such  entry,  but  shall  not 
be  entitled  to  compensation  for  the  use  of  the  land.  The 
amount  of  damages  to  be  paid  by  the  commonwealth  under 
this  section  shall  be  as  agreed  upon  by  the  owner  of  the  land 
with  an  officer  or  board  of  officers  appointed  by  the  com- 
mander-in-chief to  adjust  the  claim;  provided,  that,  if  the 
parties  are  unable  to  agree,  the  damages  shall  be  assessed 
under  chapter  seventy-nine. 

Section  108.    Commissioned  officers,  warrant  officers  and  ^.^n  n'"ot''"nter- 
enlisted  men  who  are  not  accepted  when  the  organization  ing  service  of 
to  which  they  are  attached  is  taken  into  the  military  service  [o"remafn!'**'^ 
of  the  United  States  shall  not  therefor  be  discharged  from 
the  land  forces,  but  shall  be  subject,  within  the  Hmits  of  the 
commonwealth,  to  such  military  duty  as  the  commander- 
in-chief  shall  require. 


534 


Acts,  1939.  —  Chap.  425. 


Use  of  troops 
outside  state. 


Section  109.  Except  by  order  of  the  commander-in-chief, 
or  with  his  consent,  no  organization  of  the  land  forces  shall 
be  ordered  without  the  limits  of  the  commonwealth  or  leave 
the  commonwealth  for  any  period  or  purpose  whatever,  with 
military  property  of  the  United  States  or  of  the  common- 
wealth in  its  possession  or  use.  Any  such  organization  vio- 
lating any  provision  of  this  section  may,  subject  to  the  laws  of 
the  United  States,  be  disbanded  by  the  commander-in-chief. 


Meetings  of 
officers,  etc. 


Visits  of 
officers. 


Number 
of  driUs. 


Meetings  and  Assemblies. 

Section  110.  Division  and  brigade  commanders  may,  six 
times  in  each  year,  call  meetings  for  instruction  of  the 
officers  of  their  respective  commands  at  such  place  as  the 
commander-in-chief  may  designate.  The  commanding  officer 
of  each  regiment,  battalion  or  squadron,  and  such  other 
organization  as  may  be  authorized  by  the  commander-in- 
chief,  may  call  similar  meetings  of  the  officers  and  non- 
commissioned officers  of  his  command  six  times  in  each 
year. 

Section  111.  Division  and  brigade  commanders  may  visit 
the  headquarters  and  companies  of  their  commands  when- 
ever they  deem  it  necessary  for  mihtary  instruction.  The 
commanding  officer  of  each  regiment,  battalion  or  squad- 
ron, or  of  such  other  organization  as  may  be  authorized  by 
the  commander-in-chief,  may  visit  the  companies  in  his 
command  six  times  each  year;  field  and  staff  officers  may 
visit  such  companies  as  they  are  ordered  to  visit  by  regi- 
mental, separate  battalion,  squadron  or  such  other  organ- 
ization commanders  as  may  be  authorized  by  the  com- 
mander-in-chief, six  times  each  year,  division  and  brigade 
staff  officers,  including  attached  departmental  officers,  when 
ordered  so  to  do  by  their  commanding  officers,  may  visit 
each  company  in  their  division  or  brigade  once  in  each  year. 

Section  112.  In  addition  to  the  duty  required  by  sections 
eleven,  seventeen,  eighteen,  nineteen  or  one  bundled  and 
five,  every  company  of  the  organized  militia  shall  assemble 
for  instruction  and  drill  at  least  forty-eight  times  in  each 
year,  and  oftener  upon  the  orders  of  the  company  com- 
mander or  superior  commanding  officers.  Regimental,  bat- 
talion or  squadron  drills  and  parades  may  be  held  in  place 
of  company  drills,  and  transportation  to  and  from  the  place 
of  such  drills  and  parades  shall  be  furnished  for  the  com- 
panies, batteries  or  troops  composing  the  regiment,  bat- 
talion or  squadron,  if  authorized  by  the  commander-in-chief. 


No  compen- 
sation except 
for  personal 
service. 


Pay  and  Allowances. 

Section  113.  No  officer  or  soldier  in  the  land  forces  shall 
be  entitled  to  compensation  for  military  service  unless  he 
personally  performs  the  same,  although  he  may  be  excused 
therefrom;  and  no  substitutes  shall  be  allowed  any  compen- 
sation for  such  services. 


Acts,  1939.  —  Chap.  425.  535 

Section  114-  (a)  There  shall  be  allowed  and  paid  per  Pay  of  officers 
diem  to  officers  and  warrant  officers  of  the  land  forces,  on  ^"''  "'«"• 
rolls  and  accounts  kept  in  such  form  as  the  commander- 
in-chief  may  prescribe,  for  the  duty  prescribed  by  sections 
eleven,  seventeen,  eighteen,  nineteen  or  one  hundred  and 
five,  the  same  per  diem  pay  as  is  received  by  them  when  in 
the  military  service  of  the  United  States. 

(6)  There  shall  be  allowed  and  paid  per  diem  to  soldiers 
of  the  land  forces,  on  rolls  and  accounts  kept  in  such  form 
as  the  commander-in-chief  may  prescribe,  for  the  duty  pre- 
scribed by  sections  eleven,  seventeen,  eighteen  or  nineteen, 
as  follows:  bandsmen,  four  dollars  and  fifty-five  cents; 
cooks,  three  dollars  and  fifty-five  cents,  if  it  is  certified  and 
m.ade  to  appear  that  in  each  case  the  duty  of  superintending 
and  assisting  in  the  preparation  of  the  food  of  the  company 
was  actually  performed  by  the  cook  in  person  during  the 
tour  of  duty  or  da}^  of  duty  for  which  he  is  returned  for  pay, 
otherwise,  the  pay  of  other  enlisted  men  of  like  grade;  and 
every  other  enlisted  man  the  same  per  diem  pay  received  by 
soldiers  of  like  grade  in  the  regular  army  plus  fifty-five 
cents. 

(c)  There  shall  be  allowed  and  paid  per  diem  to  soldiers 
of  the  land  forces,  except  horseshoers,  bandsmen  and  cooks, 
on  rolls  and  accounts  kept  in  such  form  as  the  commander- 
in-chief  may  prescribe,  for  the  duty  prescribed  by  section 
one  hundred  and  five  the  same  per  diem  pay  and  allowances 
as  are  received  by  soldiers  of  like  grade  in  the  regular  arm^^ 
For  this  duty,  horseshoers  shall  receive  four  dollars  and  fifty- 
five  cents  per  diem,  and  bandsmen  and  cooks  shall  receive 
the  same  per  diem  pay  as  is  prescribed  for  members  of  a 
band  and  cooks  in  subsection  (6)  of  this  section. 

(d)  For  all  other  duty  under  orders  of  the  commander-in- 
chief  unless  specially  provided,  or  as  a  witness  or  defendant 
under  summons,  there  shall  be  paid  per  diem  to  all  officers 
above  the  rank  of  captain,  four  dollars;  to  every  other  com- 
missioned officer,  two  dollars  and  fifty  cents;  to  every 
member  of  a  band,  three  dollars  and  fifty-five  cents,  and  if 
with  troops  one  dollar  additional;  and  to  every  other  en- 
listed man,  one  dollar  and  fifty-five  cents,  except  where  pay- 
ment is  made  therefor  from  federal  funds. 

(e)  There  shall  be  allowed  for  each  horse  actually  used 
and  furnished  by  officers  and  soldiers  authorized  to  be 
mounted,  and  for  each  animal  used,  a  sum  not  exceeding  four 
dollars  a  day,  which  shall  be  in  full  for  keeping  and  forage, 
except  that  when  forage  is  furnished  in  kind  as  provided  in 
section  one  hundred  and  twenty-two  the  cost  of  the  same 
shall  be  deducted  from  this  allowance. 

(/)  In  addition  to  the  pay  herein  specified,  each  member 
of  a  band  and  each  enlisted  man  shall  receive  forty-five  cents 
per  diem,  in  heu  of  subsistence,  except  as  provided  in  section 
one  hundred  and  twenty-two. 

Section  115.    (a)  An  owner  of  a  riding  or  draft  animal  which  injury  to 
is  killed  or  injured  while  in  the  custody  of  a  person  in  the  ^°'^'''''*' 


536 


Acts,  1939.  —  Chap.  425. 


Appropriation 
for  claims. 


Maintenance 
of  horses. 


United  States 
pay. 


performance  of  duty  under  any  provision  of  sections  eleven, 
seventeen,  eighteen,  nineteen  or  one  hundred  and  five,  shall 
be  entitled  to  receive  compensation  for  the  loss  sustained  by 
such  death  or  injury. 

(6)  All  claims  for  such  death  or  injury,  and  all  claims  for 
injury  to  private  property  occasioned  by  members  of  the 
organized  militia  while  in  the  performance  of  duty  under  any 
provision  of  sections  eleven,  seventeen,  eighteen,  nineteen, 
one  hundred  and  five,  one  hundred  and  twelve  or  one  hun- 
dred and  fifty-four,  shall  be  inquired  into  by  a  board  of 
three  officers  appointed  by  the  commander-in-chief.  The 
board  shall  have  the  same  power  to  take  evidence,  administer 
oaths,  issue  subpoenas  and  compel  witnesses  to  attend  and 
testify  and  produce  books  and  papers,  and  to  punish  their 
failure  to  do  so,  as  is  possessed  by  a  general  court-martial. 
The  findings  of  the  board  shall  be  subject  to  the  approval 
of  the  commander-in-chief.  The  amount  found  due  to  the 
owner  by  said  board,  to  the  extent  that  its  findings  are 
approved  by  the  commander-in-chief,  shall  be  paid  from  the 
fund  established  by  section  one  hundred  and  sixteen. 

Section  116.  To  defray  the  claims  and  expenses  arising 
under  section  one  hundred  and  fifteen,  there  shall  be  appro- 
priated for  each  fiscal  year  a  sum  not  exceeding  twenty-five 
hundred  dollars. 

Section  117.  (a)  There  shall  annually  be  allowed  and  paid 
by  the  commonwealth  from  such  sums  as  may  be  hereafter 
appropriated  for  the  maintenance  of  the  United  States  and 
state  draft  or  riding  animals,  used  for  military  organizations 
authorized  to  be  mounted,  a  sum  not  exceeding  fifteen  dollars 
each  month  for  every  such  animal  owned  by  such  organiza- 
tion or  by  individual  members  thereof  and  used  for  military 
purposes.  Such  allowances  to  an  organization  maintaining 
horses  under  this  section  shall  be  for  forage,  care  and  main- 
tenance. The  commander-in-chief  shall,  by  order,  prescribe 
the  conditions  and  regulations  relative  to  the  use  and  mainte- 
nance of  such  horses,  which  shall  be  complied  with  before 
the  allowance  shall  be  paid. 

(6)  The  commander-in-chief  shall,  by  order,  prescribe  the 
conditions  and  regulations  for  the  use  and  maintenance  of 
draft  or  riding  animals  owned  by  the  commonwealth  and 
used  for  military  purposes,  and  may  authorize  the  use  and 
letting  of  such  animals.  All  income  received  from  such  use 
and  letting  shall  be  paid  into  the  state  treasury. 

Section  118.  When  an  organization  of  the  land  forces 
engages  in  any  encampment,  maneuvers  or  field  instruction 
under  the  laws  of  the  United  States,  or  the  troops  of  this 
commonwealth  receive  from  the  United  States  government 
any  pay,  subsistence,  forage  and  transportation  or  other 
allowance  on  account  of  such  service,  the  allowance  for  pay, 
subsistence,  forage  and  transportation  provided  for  by  this 
chapter  shall  be  reduced  by  the  amounts  so  received  from  the 
United  States  government. 


Acts,  1939.  —  Chap.  425.  537 

Section  119.  There  may  be  allowed,  on  approval  of  the  Motor  vehicle 
adjutant  general,  for  motor  vehicles  actually  used  in  lieu  of  ^"°"'*"''^^- 
horses,  to  each  officer  and  soldier  authorized  to  be  mounted 
but  using  such  vehicle  in  lieu  of  a  horse,  a  sum  not  exceeding 
four  dollars  per  day ;  but  the  commonwealth  shall  not  be  liable 
for  any  injury  to  or  depreciation  of  motor  vehicles  so  used,  or 
for  any  damages  to  persons  or  property  resulting  therefrom. 

Section  120.  (a)  There  shall  be  allowed  and  paid  to  each  Ji^^;,^^^,^.^^ 
officer  and  soldier  required  to  travel  on  duty,  as  follows: 
Under  sections  eleven,  seventeen,  eighteen,  nineteen  or 
one  hundred  and  five,  mileage  at  the  rates  established  by 
law  computed  by  the  most  direct  railroad  communication 
from  the  place  where  the  headquarters  of  the  various  com- 
mands and  the  armories  of  the  companies  are  situated  and 
return,  or  by  such  route  as  may  be  approved  by  the  com- 
mander-in-chief; and  when  upon  duty  as  a  member  or  judge 
advocate  of  any  military  court  or  board,  or  as  a  witness  or 
defendant  before  such  court  or  board,  when  attending  meet- 
ings of  officers  and  non-commissioned  officers,  as  provided 
in  sections  one  hundred  and  ten  and  one  hundred  and  eleven, 
when  acting  as  a  paymaster,  and  in  any  case  when  obliged 
by  orders  of  the  commander-in-chief  to  travel  without  troops, 
six  cents  a  mile  each  way,  computed  by  the  most  direct 
railroad  communication  from  the  residence  of  the  officer  or 
soldier,  or  by  such  route  as  may  be  approved  by  the  com- 
mander-in-chief. 

(h)  When  military  property  loaned  by  the  United  States 
government  to  the  commonwealth  has  suffered  loss  or  injury, 
the  amount  of  such  loss  or  injury  shall  be  paid  to  the  United 
States  government  by  the  commonwealth  on  approval  of 
the  adjutant  general,  and  the  amounts  so  paid  shall  be 
deducted  from  allowances  made  payable  to  officers  of  the 
organized  militia  or  from  sums  paid  to  the  commonwealth 
by  the  adjutant  general  on  account  of  such  loss  or  injury 
and  collected  by  him  from  officers  of  the  organized  militia 
responsible  therefor,  or  from  their  bondsmen. 

(c)  There  shall  be  allowed  and  paid  by  the  commonwealth, 
as  of  April  first  in  each  year,  to  each  commissioned  officer, 
and  to  each  warrant  officer,  who  served  as  such  for  the  year 
preceding  said  date,  or  for  a  part  thereof,  a  sum  for  uniform 
allowance  computed  at  the  rate  of  thirty-five  dollars  for  the 
full  year,  upon  the  approval  of  the  adjutant  general  and  of 
the  intermediate  commanders  in  the  chain  of  command  and 
upon  their  certification  that  such  commissioned  officer,  or 
such  warrant  officer,  has  served  for  the  whole  or  a  specified 
part  of  said  year  and  during  such  service  has  provided  him- 
self with  the  equipment  required  by  the  regulations. 

Section  121.     Mounted  officers  and  enlisted  men,  when  Transporta- 
ordered  by  the  commander-in-chief  to  transport  their  horses,  *^'°''  °* 
shall  be  allowed  the  actual  cost  of  such  transportation  from 
the  point  of  departure  nearest  to  the  several  headquarters 
or  the  armories  of  the  companies  to  which  they  belong.    No 


538 


Acts,  1939.  —  Chap.  425. 


Allowance 
for  head- 
quarters, etc. 


Clothing 
allowance. 


allowance  shall  be  made  for  transportation  not  actually 
used,  nor  to  officers  or  men,  when  transported  by  horses 
provided  by  the  commonwealth. 

Section  122.  Subsistence  for  enhsted  men  and  bandsmen 
shall  be  furnished  in  kind,  unless  it  is  otherwise  directed  by 
the  commander-in-chief,  when  troops  are  on  duty  under 
sections  eleven,  seventeen,  eighteen,  nineteen  or  one  hundred 
and  five.  Bids  for  supplies  for  the  annual  encampment  of 
the  organized  miHtia,  involving  the  expenditure  of  more 
than  one  hundred  dollars,  shall  be  advertised  for  by  the 
state  quartermaster  in  such  newspapers  as  the  adjutant 
general  approves;  and  the  contract  shall  be  awarded  to  the 
lowest  bidder,  if  the  bid  is  approved  by  the  adjutant  general, 
and  the  bidder  furnishes  such  security,  if  any,  as  the  adju- 
tant general  may  require.  The  foregoing  requirement  as  to 
advertising  shall  not  apply  to  supplies  purchased  or  drawn 
from  the  war  department  or  from  contractors  under  con- 
tract to  that  department,  if  the  commander-in-chief  so  di- 
rects. The  state  quartermaster  may  make  sales  of  com- 
missary stores  for  cash,  at  contract  prices,  to  officers  and 
enlisted  men,  and  to  civilian  employees  of  the  commonwealth 
or  of  the  United  States  assigned  to  or  employed  at  the 
station  or  with  the  troops,  and  the  moneys  so  received  by 
him  shall  be  paid  into  the  state  treasury.  The  state  quarter- 
master may  purchase  annually  for  sale  for  cash  to  officers 
and  enlisted  men  and  to  such  civihan  employees  of  the 
commonwealth  or  of  the  United  States,  commissary  stores 
to  a  value  not  exceeding  five  thousand  dollars.  Forage  and 
transportation  may  be  furnished  in  kind  in  lieu  of  money 
allowances. 

Section  123.  There  shall  annually  be  allowed  and  paid, 
under  such  regulations  as  may  be  promulgated  by  the  com- 
mander-in-chief, for  postage,  printing,  stationery,  care  of 
property,  equipment,  military  expense,  including  clerical 
assistance:  to  each  brigade  headquarters,  one  hundred  and 
fifty  dollars;  to  each  regimental  headquarters,  twelve  hun- 
dred dollars,  and  fifty  dollars  for  every  company  in  the  com- 
mand; to  each  separate  battalion  or  squadron  and  to  each 
other  organization  designated  by  the  commander-in-chief,  one 
hundred  and  fifty  dollars  for  each  company  therein;  and  to 
each  company,  five  hundred  dollars,  and  two  dollars  for 
each  enlisted  man  attached  thereto  or  enrolled  therein,  not 
exceeding  the  maximum  enlisted  strength  allowed  by  law; 
to  separate  detachments  and  sections  such  proportionate 
amounts  as  may  be  approved  by  the  commander-in-chief; 
and  to  division  headquarters  for  office  and  maintenance 
expense,  twenty-five  hundred  dollars. 

Section  121^.  There  shall  annually  be  allowed  and  paid, 
under  such  regulations  as  may  be  promulgated  by  the  com- 
mander-in-chief, to  each  headquarters,  department  and  com- 
pany, and  to  each  other  unit  designated  by  the  commander- 
in-chief,  the  sum  of  two  dollars  for  each  enHsted  man, 
excepting  bandsmen  not  mustered,  attached  thereto  or  en- 


Acts,  1939.  —  Chap.  425.  539 

rolled  therein,  not  exceeding  the  maximum  enlisted  strength 
allowed  by  law,  the  amount  so  paid  to  be  expended  in  the 
repair  and  alteration  of  uniforms,  or  in  defraying  the  inci- 
dental military  expenses  of  the  several  organizations. 

Section  125.  There  shall  annually  be  allowed  and  paid,  Caretaker, 
under  such  regulations  as  may  be  promulgated  by  the  com- 
mander-in-chief, to  division,  brigade,  regimental,  separate 
battaUon,  squadron  or  to  each  other  organization  desig- 
nated by  the  commander-in-chief,  and  to  each  company, 
for  the  services  of  a  caretaker,  who  shall  devote  all  neces- 
sary attention  to  the  care  of  the  arms,  equipments  and  uni- 
forms of  the  headquarters  or  company,  the  sum  of  one  hun- 
dred and  twenty-five  dollars. 

Section  126.  There  shall  be  annually  allowed  and  paid,  ^^|,*jfanic3. 
under  such  regulations  as  may  be  promulgated  by  the  com- 
mander-in-chief, twenty-four  hundred  dollars  to  each  field 
artillery  regimental  headquarters,  and  eight  hundred  dollars 
to  each  headquarters  battery  of  a  field  artillery  brigade,  for 
the  emploj^ment  of  competent  mechanics,  who  shall  be  ap- 
pointed by  the  respective  commanding  officers  concerned 
and  shall  be  regularly  enlisted  men.  Each  of  said  me- 
chanics shall  devote  his  time  and  labor  exclusively  to  the 
care  of  the  artillery  equipment  and  material  of  the  organiza- 
tion or  unit;  provided,  that  he  may  be  required  by  the  state 
quartermaster  to  perform,  without  further  compensation, 
the  duties  of  assistant  armorer  in  the  quarters  occupied  by 
the  organization  or  unit. 

Section  127.  The  state  quartermaster  shall  have  advanced  ^Zanced.^^ 
to  him  by  the  commonwealth,  under  such  rules  and  regula- 
tions as  the  state  comptroller  may  prescribe,  one  hundred 
per  cent  of  the  pay  and  mileage  for  duty  under  sections 
eleven,  seventeen,  eighteen,  nineteen  or  one  hundred  and 
five,  and  shall  return  the  unexpended  balance  of  the  sum 
so  advanced  as  soon  as  possible,  or  at  such  times  as  the  comp- 
troller may  require. 

Section  128.  Officers  employed  in  paying  troops  shall  take  Vouchers. 
proper  vouchers  for  all  payments,  and  immediately  after 
the  payment  of  troops  shall  file  with  the  state  comptroller 
an  account  of  their  payments,  with  their  vouchers;  and  such 
accounts  shall  be  audited  by  the  state  comptroller,  and  the 
several  officers  shall  be  held  to  account  for  any  discrepancies. 

Courts-Martial  —  Courts  of  Inquiry  —  Special  Boards. 

Section  129.     Courts  of  inquiry  and  efficiency  boards  in  courts  of 
the  land  forces  shall  be  instituted,  constituted  and  conducted  in^"i''y- 
in  the  same  manner  and  shall  have  like  powers  and  duties 
as  similar  courts  in  the  army  of  the  United  States,  except 
that  such  courts  shall  be  ordered  by  the  commander-in-chief 
or  by  a  division  or  brigade  commander. 

Section  ISO.    There  shall  be  allowed  to  each  person,  not  in  witness 
the  organized  militia,  appearing  before  courts  of  inquiry  or  ''''■^• 
courts-martial,  upon  summons  of  the  president  or  judge 


540 


Acts,  1939.  —  Chap.  425. 


Courts- 
martial. 


General 
courts- 
martial. 


Special 
courts- 
martial. 


Stimmary 
courts- 
martial. 


advocate  thereof,  one  dollar  and  fifty  cents  for  each  day's 
attendance  and  six  cents  for  each  mile  necessarily  traveled 
in  obedience  to  the  summons. 

Section  131.  Courts-martial  in  the  land  forces  shall  be  of 
three  kinds,  namely,  general  courts-martial,  special  courts- 
martial  and  summary  courts-martial.  They  shall  be  con- 
stituted Uke  similar  courts  provided  for  by  the  laws  and 
regulations  governing  the  army  of  the  United  States,  and 
shall  have  cognizance  of  the  same  subjects  as  those  courts 
and  possess  hke  powers  with  them,  except  as  to  punishments, 
and  the  proceedings  of  courts-martial  of  the  land  forces  shall 
follow  the  forms  and  modes  of  procedure  prescribed  for  said 
similar  courts. 

Section  132.  General  courts-martial  of  the  land  forces 
may  be  convoked  by  order  of  the  president  of  the  United 
States  or  of  the  commander-in-chief,  and  may  impose  one  or 
more  of  the  following  punishments  or  sentences  for  each 
offence  (1)  Fine,  not  exceeding  two  hundred  dollars,  (2) 
Forfeiture  of  pay  and  allowances,  (3)  Reprimand,  (4)  Dis- 
missal or  dishonorable  discharge  from  the  service,  (5)  Reduc- 
tion of  non-commissioned  officers  to  the  ranks. 

Section  133.  The  commanding  officer  of  each  garrison, 
post,  fort,  camp  or  other  place,  division,  brigade,  regiment, 
detached  battahon,  or  other  detached  command,  may  appoint 
special  courts-martial  for  his  command;  and  such  special 
courts-martial  may  in  any  case  be  appointed  by  superior 
authority  at  its  discretion.  Special  courts-martial  may  try 
any  person  subject  to  military  law,  except  a  commissioned 
oflficer,  for  any  crime  or  offence  made  punishable  by  the 
military  laws  of  the  United  States,  and  such  special  courts- 
martial  shall  have  the  same  powers  of  punishment  as  do 
general  courts-martial,  except  that  fines  imposed  by  them 
shall  not  exceed  one  hundred  dollars. 

Section  134-  The  commanding  officer  of  each  garrison, 
post,  fort  or  other  place,  regiment,  detached  battalion,  com- 
pany or  other  detachment,  of  the  land  forces  may  appoint 
for  such  place  or  command  a  summary  court  to  consist  of 
one  officer,  who  may  administer  oaths  and  try  the  enlisted 
men  of  such  place  or  command  for  breaches  of  discipline  and 
violation  of  laws  governing  such  organizations,  and  said 
court,  if  satisfied  of  the  guilt  of  the  soldier  brought  before  it, 
may  impose  fines  not  exceeding  twenty-five  dollars  for  any 
single  offence,  may  sentence  non-commissioned  officers  to 
reduction  to  the  ranks,  and  may  sentence  to  forfeiture  of  pay 
and  allowances.  The  proceedings  of  such  courts  shall  be 
informal,  and  the  minutes  thereof  shall  be  the  same  as  are 
prescribed  for  summary  courts  of  the  army  of  the  United 
States. 

Section  135.  All  courts-martial  of  the  land  forces,  in- 
cluding the  summary  courts,  may  sentence  to  confinement 
in  lieu  of  fines  authorized  to  be  imposed,  not  exceeding  one 
day  for  each  dollar  of  fine  authorized. 


Acts,  1939.  —  Chap.  425.  541 

Section  136.  Sentence  of  dismissal  from  the  service  or  Dismissal  or 
dishonorable  discharge  imposed  by  a  com't-martial  shall  be  discha°ge.^  ^ 
executed  onlj'-  when  approved  by  the  commander-in-chief. 

Section  137.  In  the  land  forces,  presidents  of  courts-  warrants, 
martial  and  summary  court  officers  may  issue  warrants  to 
arrest  accused  persons  and  to  bring  an  accused  person  before 
the  court  for  trial  whenever  he  shall  have  disobeyed  a  written 
order  from  the  convening  authority,  delivered  to  him  with 
a  copy  of  the  charge  or  charges,  and  directing  him  to  appear 
before  the  court.  Said  officials  may  issue  subpoenas,  and 
may  enforce  the  attendance  of  witnesses  and  the  production 
of  books  and  documents,  and  may  sentence  for  a  refusal  to 
be  sworn  or  to  answer,  as  in  actions  before  civil  courts. 

Section  138.  (a)  All  processes  and  sentences  of  said  courts  Execution  of 
shall  be  executed  by  an  officer  qualified  to  serve  criminal  ^^''te^ces. 
process,  and  commitment  under  said  sentences  maj^  be  made 
to  any  jail  or  house  of  correction  in  the  commonwealth.  The 
master,  or  keeper,  of  the  jail  or  house  of  correction  to  which 
a  person  is  sentenced  shall  receive  and  detain  him  in  the 
same  manner  as  if  he  had  been  sentenced  by  a  civil  court 
sitting  in  the  county  where  such  jail  or  house  of  correction  is 
situated.  The  necessary  charges  shall  be  paid  by  the  com- 
monwealth on  vouchers  in  duplicate  submitted  to,  and  ap- 
proved by,  the  adjutant  general. 

(6)  All  fines  assessed  under  any  provision  of  sections 
sixty-six  to  one  hundred  and  forty-three,  inclusive,  and  col- 
lected or  withheld,  shall  be  paid  to  the  adjutant  general,  to 
be  used  to  pay  court-martial  expenses,  or  for  such  other 
purposes  as  he  may  determine,  subject  to  such  regulations 
as  may  be  prescribed  by  the  commander-in-chief.  Upon  re- 
ceipt of  a  certificate  from  the  authority  convening  the  court 
as  to  any  fine  assessed  by  it,  the  pay  officer  concerned  shall 
pay  over  any  funds  due  to  the  person  convicted,  not  ex- 
ceeding the  amount  of  the  fine,  to  the  adjutant  general  upon 
his  sole  receipt. 

Section  139.  The  pro\asions  for  training  and  the  general  ;^4r'eTc°^ 
rules  of  conduct  set  forth  in  the  articles  of  war  and  general  to  govern, 
regulations  for  the  government  of  the  army  of  the  United 
States,  so  far  as  applicable,  and  with  such  modifications  as 
the  commander-in-chief  may  prescribe,  shall  apply  to  the 
land  forces,  and  the  officers  and  men  of  the  land  forces  shall 
conform  thereto. 

Section  I40.  General  and  field  officers,  officers  regularly  officers  to 
assigned  to  the  duty  of  paying  troops,  any  judge  advocate  oatTil"'''*" 
or  acting  judge  advocate,  the  president  of  a  general  or 
special  court-martial,  any  summary  court-martial,  the  trial 
judge  advocate  or  any  assistant  trial  judge  advocate  of  a 
general  or  special  court-martial,  the  president  or  the  re- 
corder of  a  court  of  inquiry  or  of  a  military  board,  any 
officer  designated  to  take  a  deposition,  any  officer  detailed 
to  conduct  an  investigation,  and  the  adjutant  of  any  com- 
mand shall  have  power  to  administer  oaths  for  the  purposes 


542  Acts,  1939.  —  Chap.  425. 

of  the  administration  of  military  justice  and  for  other  pur- 
poses of  miUtary  administration  and  the  oaths  required  by 
this  chapter  and  by  the  regulations  for  the  government  of 
the  miUtia. 

General  Provisions. 

blndl^"  (Sec/zon  I4I.    The  commanding  officer  of  a  separate  bat- 

talion may  employ  or  raise  by  enhstment  a  band  of  musi- 
cians, not  exceeding  the  number  prescribed  by  the  com- 
mander-in-chief, to  be  under  his  command.  Such  musicians 
while  on  duty  shall  be  subject  to  the  laws  and  regulations 
for  the  government  of  the  miUtia,  except  that  they  may  not 
be  mustered  in. 

mediis.  Section  142.     (a)  To  each  officer  or  enhsted  man  who  com- 

pletes nine  years  of  honorable  service  in  the  organized  mili- 
tia, continuous  or  otherwise,  there  shall  be  issued  a  medal, 
and,  for  each  additional  five  years  of  like  service,  a  clasp  to 
be  affixed  thereto.  Active,  retired  or  honorably  discharged 
officers  and  enlisted  men  who  have  served  in  the  military  or 
naval  service  of  the  United  States  in  time  of  war  and  have 
been  honorably  discharged  therefrom,  shall  receive  an  addi- 
tional clasp  indicative  of  such  service,  to  be  affixed  to  the 
medal  herein  provided  for. 

(6)  The  adjutant  general  and  two  commissioned  officers 
of  the  organized  militia  not  below  field  grade,  designated 
by  the  commander-in-chief,  shall  act  as  a  medal  of  valor 
commission,  and  may  receive  recommendations  from  the 
military  authorities,  through  military  channels,  for  the 
award  of  the  medal  of  valor  to  an  officer  or  enlisted  man  of 
the  organized  militia  who,  by  reason  of  conspicuous  gallan- 
try and  intrepidity  at  the  risk  of  his  life,  above  and  beyond 
the  call  of  duty,  while  on  active  military  duty  is  entitled  to 
receive  said  medal  of  valor. 

(c)  The  adjutant  general  and  two  commissioned  officers  of 
the  organized  militia  not  below  field  grade,  appointed  by 
the  commander-in-chief,  shall  constitute  a  commission  to 
receive  recommendations  from  military  authorities,  through 
military  channels,  for  the  award  of  the  Massachusetts  mili- 
tary medal  to  an  officer  or  enlisted  man  of  the  organized 
mihtia  who,  while  on  active  military  duty,  performed  a 
singularly  meritorious  act  of  heroism  which  distinguished 
him  above  his  comrades. 

(d)  No  recommendation  under  subsections  (6)  and  (c)  of 
this  section  shall  be  considered  unless  supported  by  incon- 
testable proof  of  the  performance  of  the  act,  including  the 
affidavit  of  at  least  one  eye  witness  of  the  action. 

Commissions  constituted  under  subsections  (h)  and  (c)  of 
this  section  shall,  after  careful  investigation,  report  their 
findings  and  recommendations  to  the  commander-in-chief, 
who,  if  the  award  appears  justified,  shall  confer  upon  the 
officer  or  enlisted  man  the  medal  recommended. 

Not  more  than  one  medal  of  valor,  or  Massachusetts  mili- 
tary medal,  shall  be  awarded  to  any  enlisted  man,  but  a 


Acts,  1939.  —  Chap.  425.  543 

suitable  clasp,  or  bar,  shall  be  given  for  each  subsequent 
act,  under  the  same  conditions. 

The  design  on  the  medals  hereinbefore  referred  to  shall 
be  approved  by  the  art  commission  for  the  commonwealth. 

The  Massachusetts  military  medal  shall  not  be  awarded 
posthumously. 

Section  143.  The  commander-in-chief  may  appoint  dele-  Delegates  to 
gates  from  the  Massachusetts  National  Guard  Association  conventions. 
to  represent  the  national  guard  of  the  commonwealth  at  the 
annual  conventions  of  the  National  Guard  Association  of 
the  United  States.  The  necessary  expenses  of  the  delegates 
so  appointed  from  the  active  national  guard  maj^  be  paid 
out  of  military  appropriations. 


NAVAL   FORCES. 

Organization. 

Section  144-     («)  The  naval  forces  shall  consist  of  the  How  con- 
division  of  naval  mihtia,  the  naval  mihtia,  the  naval  militia  ^^'^^t'^^- 
retired  list,  and  the  naval  militia  reserve  list,  and  any  part 
of  the  unorganized  militia  serving  Math  the  naval  forces  un- 
der sections  four  and  five. 

(6)  The  division  of  naval  mihtia  shall  consist  of  a  naval 
militia  bureau,  such  other  officers  as  the  commander-in- 
chief  may  detail,  and  necessary  clerks  and  other  assistants. 
The  expense  of  such  clerical  and  other  assistance  shall  not 
exceed  the  amount  appropriated  therefor.  The  chief  of  the 
naval  mihtia  bureau  shall  be  the  chief  of  the  division.  A 
member  of  the  bureau  shall  be  designated  as  assistant  chief 
of  bureau  and  shall,  in  the  absence  of  the  chief  of  division, 
be  acting  chief  of  division.  The  adjutant  general  shall  be, 
ex  officio,  a  member  of  the  naval  militia  bureau,  and  shall 
be,  ex  officio,  acting  chief  of  division  in  the  absence  of  the 
chief  of  bureau  and  the  assistant  chief  of  bureau. 

Section  145.  The  naval  forces  shall  consist  of  such  other  Same 
units,  officers  and  enlisted  men,  and  shall  be  so  organ-  ^^t.J^'^t- 
ized,  maintained,  officered,  recruited,  armed,  equipped,  uni- 
formed, trained  and  disciplined,  and  officers,  petty  officers 
and  other  rated  men  shall  be  selected,  appointed  and  re- 
moved, as  the  commander-in-chief  may  from  time  to  time 
by  order  prescribe. 

Section  I46.     The  commander-in-chief  may  from  time  to  Reguiatic 
time  make  and  issue  regulations  for  government  and  disci- 
pline of  the  naval  forces,  and  may  prescribe  the  punishments 
which  can  be  inflicted  by  sentence  of  court-martial. 

Section  147.  Such  officer  of  the  organized  militia  as  the  Medical 
commander-in-chief  may  from  time  to  time  designate  shall  ''^'''^■ 
have  general  supervision  and  control  of  all  matters  pertain- 
ing to  the  medical  division  of  the  naval  forces,  and  shall, 
subject  to  the  laws  of  the  United  States,  prescribe  the 
physical  and  mental  disabilities  exempting  from  mihtary 
duty.    He  shall  purchase  and  issue  all  medical  and  hospital 


544 


Acts,  1939.  —  Chap.  425. 


Acting  judge 
advocate. 


Equipment, 
etc. 


Use  of 
armories. 


Unlawful 
purchase  of 
property. 


Organization 
property. 


supplies  and  shall  perform  such  other  medical  duties  as  the 
commander-in-chief  may  direct. 

Section  148.  Such  officer  of  the  organized  militia  as  the 
commander-in-chief  may  from  time  to  time  designate  as 
acting  judge  advocate  general  for  the  naval  militia  may 
be  required  to  examine  and  report  in  writing  upon  all  pro- 
ceedings of  courts-martial  in  the  naval  forces  requiring  the 
action  of  the  commander-in-chief;  and,  in  matters  referred 
to  him  by  law  or  by  the  commander-in-chief,  shall  be  the 
legal  adviser  of  the  division  of  naval  militia,  and  shall 
bring  all  necessary  actions. 

Section  149.  (a)  Such  officers  as  the  commander-in- 
chief  may  from  time  to  time  designate  shall  have  the  super- 
vision and  control  of  all  clothing,  equipment  and  other 
naval  property,  both  state  and  federal,  issued  to,  drawn, 
or  purchased  for  the  use  of  the  naval  militia.  Such  cloth- 
ing, equipment  and  other  naval  property  shall  be  pur- 
chased, drawn  and  issued  as  the  commander-in-chief  may 
by  order  direct. 

(6)  Such  officers  as  the  commander-in-chief  may  from 
time  to  time  designate  shall  procure  and  provide  transpor- 
tation for  the  naval  forces  and  their  equipment  and  other 
property  under  such  regulations  as  the  commander-in-chief 
may  prescribe. 

(c)  The  adjutant  general,  or  such  other  officer  as  the 
commander-in-chief  may  from  time  to  time  designate,  shall 
have  control  of  the  appropriations  for  the  use  and  benefit  of 
the  naval  forces,  and  may  allow,  annually,  proper  accounts 
for  the  repair  of  uniforms  and  equipment. 

Section  150.  The  naval  militia,  while  occupying  armories, 
or  quarters  therein,  or  using  grounds  for  parades,  drill  or 
small  arms  practice,  under  any  provision  of  sections  one  to 
sixty-five,  inclusive,  shall  be  subject  to  the  same  rules  and 
regulations  in  the  use  thereof,  and  the  same  administrative 
control,  as  are  the  land  forces.  The  officer  or  official  charged 
by  law  with  the  care  and  maintenance  of  armories  shall,  at 
the  public  expense,  provide  suitable  places  for  the  safe- 
keeping of  all  clothing,  equipment  and  other  naval  property 
of  the  naval  militia. 

Section  151.  Whoever  purchases,  retains  or  has  in  pos- 
session any  tool  or  equipment,  or  any  weapon  of  ordnance, 
or  article  of  clothing  or  equipment  issued  by  and  the  prop- 
erty of  the  United  States  or  the  commonwealth,  unless  it 
has  been  issued  to  him  or  is  in  his  possession  in  accordance 
with  law,  shall  be  punished  by  a  fine  not  exceeding  ten  times 
the  value  thereof. 

Section  152.  Naval  militia  organizations  may  own  per- 
sonal property,  to  be  under  the  control  of  the  active  mem- 
bers thereof;  and  the  commanding  officer  of  any  such  or- 
ganization may  recover  in  his  own  name  for  its  use,  in  any 
county  where  such  organization  or  part  thereof  is  located, 
any  debts  or  effects  belonging  to  it,  or  damages  for  injury 
to  such  property.     No  suit  pending  in  his  own  name  shall 


Acts,  1939.  —  Chap.  425.  545 

be  abated  b}^  his  ceasing  to  be  commanding  officer  of  the 
organization,  but  his  successor  shall  be  permitted  to  prose- 
cute the  suit. 

Section  153.  The  duty  of  the  naval  mihtia  ma}^  be  per-  Duty  may  be 
formed  afloat  on  vessels  of  the  navy  or  on  vessels  or  boats  ^aoat™^^ 
loaned  by  the  secretary  of  the  nav}-  to  the  governor  or  other 
proper  state  authority,  for  the  use  of  the  naval  militia.  The 
appropriation  for  the  furnishing,  repair  and  care  of  any 
United  States  ships  loaned  to  the  commonwealth  for  the  use 
of  the  naval  militia  shall  be  available  for  the  payment  of  all 
damages  and  other  expenses  incident  to  the  use  of  such 
ships.  Claims  for  damages  shall  be  paid  only  when  ap- 
proved by  the  adjutant  general,  and  a  release,  in  such  form 
as  he  may  prescribe,  shall  be  obtained. 

Section  154-     The  commander-in-chief  may  prescribe  the  Types  of 
terms  and  conditions  under  which,  and  the  types  of  duty  '^"*^' 
for  which,  officers  and  enhsted  men  of  the  naval  forces  shall 
be  entitled  to  receive  compensation,  transportation,  sub- 
sistence or  other  allowances  and  emoluments. 

Section  155.  The  commander-in-chief  may  prescribe  the  Amounts 
amounts  to  be  allowed  and  paid  for  compensation,  trans-  se^r^4ce?i°c. 
portation,  subsistence,  allowances  and  other  emoluments  to 
officers  and  enlisted  men  of  the  naval  forces,  and  the  amounts 
to  be  allowed  and  paid  to  brigades,  battahons,  divisions  and 
other  units  for  administrative  and  incidental  expenses,  for 
the  care  and  repair  of  uniforms  and  equipment,  and  the 
care  of  arms  and  quarters. 

Section  156.  Such  officer  as  may  from  time  to  time  be  Paymaster. 
designated  in  orders  of  the  commander-in-chief  to  act  as 
paymaster  general  for  the  naval  militia  may  have  advanced 
to  him,  by  the  commonwealth,  under  such  rules  and  regu- 
lations as  the  comptroller  prescribes,  one  hundred  per  cent 
of  the  pay  and  mileage  for  duty  to  be  performed  under  sec- 
tion one  hundred  and  fifty-four,  and  he  shall  return  the  un- 
expended balance  so  advanced  as  soon  as  possible,  or  at 
such  time  as  the  comptroller  may  require. 

Section  157.  Presidents  of  general  courts-martial,  seniftr  Courts- 
members  of  summary  courts-martial  and  deck  court  officers  ™^'"'^^*- 
of  the  naval  forces  may  issue  warrants  to  arrest  accused 
persons  and  to  bring  an  accused  person  before  the  court  for 
trial,  whenever  he  shall  have  disobeyed  a  written  order  from 
the  convening  authority,  delivered  to  him  with  a  copy  of 
the  charge  or  charges,  and  directing  him  to  appear  before 
the  court.  Said  officers  may  issue  subpoenas,  and  may 
enforce  the  attendance  of  witnesses  and  the  production  of 
books  and  documents,  and  may  sentence  for  refusal  to  be 
sworn  or  to  answer,  all  as  authorized  for  similar  proceedings 
for  courts-martial  in  the  navy  of  the  United  States. 

Section  158.     All  fines  assessed  under  an}^  provisions  of  ^''*®^- 
sections  one  hundred  and  forty-four  to  one  hundred  and 
sixty-one,   inclusive,    and    collected    or   withheld,    shall   be 
paid  to  the  commanding  officer  of  the  naval  militia  of  the 
organized  militia,  to  be  used  by  him  to  replace  lost  or  dam- 


546 


Acts,  1939.  —  Chap.  426. 


Witness 
fees. 


Oaths  may  be 
administered. 


Service 
medals. 


aged  property,  or  for  such  other  purposes  of  the  naval 
mihtia  as  he  may  determine,  subject  to  such  regulations  as 
may  from  time  to  time  be  prescribed  by  the  commander-in- 
chief  or  by  the  secretary  of  the  navy  of  the  United  States. 
Upon  receipt  of  a  certificate  from  the  authority  convening 
the  court  as  to  any  fine  assessed  by  it,  the  pay  officer  con- 
cerned shall  pay  over  any  funds  due  to  the  person  fined, 
not  exceeding  the  amount  of  the  fine,  to  the  commanding 
officer,  naval  militia,  upon  his  sole  receipt. 

Section  159.  Section  one  hundred  and  thirty  shall  apply 
to  each  person  appearing  before  courts  of  inquiry  or  courts- 
martial  upon  summons  of  the  president  or  judge  advocate 
thereof. 

Section  160.  Officers  of  or  above  the  rank  of  fieutenant 
commander,  pay  officers,  and  any  officer  serving  as  judge 
advocate  or  as  a  member  of  a  court  or  board,  may  adminis- 
ter the  oaths  required  by  this  chapter  and  by  the  regulations 
for  the  government  of  the  organized  militia. 

Section  161.  Section  one  hundred  and  forty-two  shall 
apply  to  the  naval  forces. 

Section  2.  So  much  of  this  act  as  establishes  and  pro- 
vides for  the  pay  of  the  adjutant  general  and  the  state 
finance  officer  shall  take  effect  on  December  first,  nineteen 
hundred  and  forty,  until  which  time  the  provisions  of  law 
relating  to  the  pay  of  said  officers  in  effect  immediately 
prior  to  the  effective  date  of  this  act  shall  remain  in  full 
force  and  effect.  Approved  August  3,  1939. 


Chap. 


426  An  Act  relative  to  diverting  or  altering  the  course 
OF  the  waters  of  mill  river  in  connection  with  the 

construction  by  the  city  of  NORTHAMPTON  OF  CERTAIN 
FLOOD  PROTECTION  WORKS  AND  RELATIVE  TO  THE  RECOV- 
ERY  OF   DAMAGES   THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  nine  of  the  acts  of  nineteen  hundred 
and  thirty-nine  is  hereby  amended  by  striking  out  section 
one  and  inserting  in  place  thereof  the  following:  —  Section  1. 
The  city  of  Northampton,  for  the  purpose  of  protecting 
highways  and  public  or  private  property  from  damage  by 
freshet  or  any  flow  of  the  Connecticut  river  or  the  Mill 
river,  may,  by  its  city  council,  from  time  to  time,  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  or  acquire  by  purchase  or  otherwise,  land  and  ease- 
ments in  land  and  water  rights,  and  may  construct  dikes, 
walls,  drains,  bridges  and  other  flood  protection  works,  and 
may  divert,  or  alter  the  course  of,  the  waters  known  as  Mill 
river,  a  tributary  of  said  Connecticut  river.  Any  person 
who  is  injured  in  his  property  by  any  act  of  said  city  under 
any  provision  of  this  act  may  recover  from  said  city 
damages  therefor  under  said  chapter  seventy-nine,  and  the 
owner  of  any  real  estate  abutting  on  the  present  course  of 


Acts,  1939.  —  Chap.  427.  547 

said  Mill  river  between  the  point  of  diversion  and  the  Con- 
necticut river  which  is  injured  by  any  taking  or  diversion  of 
the  waters  of  said  Mill  river  under  authority  of  this  act 
shall  be  entitled  to  damages  therefor  from  said  city  and 
may  petition  for  the  assessment  of  such  damages  within  one 
year  after  the  actual  taking  or  diverting  of  said  waters. 
Said  flood  protection  works  may  be  constructed  in  conjunc- 
tion with  the  Connecticut  river  flood  protection  projects  of 
the  United  States  of  America.  The  provisions  of  sections 
thirteen  and  twenty  of  chapter  ninety-one  of  the  General 
Laws  shall  apply  to  the  projects  herein  authorized. 

Section  2.  Section  two  of  said  chapter  nine  is  hereby 
amended  by  inserting  after  the  word  "hundred"  in  the  fifth 
line  the  words :  —  and  fifty,  —  so  as  to  read  as  follows :  — 
Section  2.  For  the  purposes  authorized  by  section  one,  the 
city  of  Northampton  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, 
one  hundred  and  fifty  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words, 
Northampton  Flood  Control  Loan,  Act  of  1939.  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, 
exclusive  of  the  limitation  contained  in  the  first  paragraph 
of  section  seven  thereof. 

Section  3.  This  act  shall  take  effect  upon  its  passage. 
Approved  August  4,  19S9. 


An  Act  relative  to  competitive  bidding  on  state  con-  (Jfidj)  427 

TRACTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   twenty-nine    of    the    General    Laws    is    hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  eight,  as  appearing  in  ^gerted.'    ^  ' 
the   Tercentenary   Edition,    the   following   new   section:  — 
Section  8 A.    No  officer  having  charge  of  any  office,  depart-  Competitive 
ment  or  undertaking  which  receives  a  periodic  appropria-  state'"M.ntracts. 
tion  from  the  commonwealth  shall  award  any  contract  for 
the  construction,  reconstruction,  alteration,  repair  or  devel- 
opment at  public  expense  of   any   building,   road,    bridge 
or  other  physical  property  if  the  amount  involved  therein 
is  one  thousand  dollars  or  over,  unless  a  notice  inviting 
proposals  therefor  shall  have  been  posted,  not  less  than  one 
week  prior  to  the  time  specified  in  such  notice  for  the  open- 
ing of  said  proposals,  in  a  conspicuous  place  on  or  near  the 
premises  of  such  officer,  and  shall  have  remained  so  posted 
until  the  time  so  specified,   and,  if  the  amount  involved 
therein  is  in  excess  of  five  thousand  dollars,  unless  such  a 
notice  .shall  also  have  been  published  at  least  once  not  less 


548  Acts,  1939.  —  Chaps.  428,  429. 

than  three  weeks  prior  to  the  time  so  specified,  and  at  such 
other  times  prior  thereto,  if  anj",  as  the  commission  on 
administration  and  finance  shall  direct,  in  such  newspaper 
or  newspapers  as  said  commission,  having  regard  to  the 
locality  of  the  work  involved  in  such  contract,  shall  pre- 
scribe; provided,  that  such  newspaper  publication  may  be 
omitted,  in  cases  of  special  emergencies  involving  the  health 
and  safety  of  the  people  and  their  property,  upon  the  written 
approval  of  said  commission.  Proposals  for  any  contract 
subject  to  this  section  shall  be  in  writing  and  shall  be  opened 
in  public  at  a  time  and  place  specified  in  the  posted  or  pub- 
lished notice,  and  after  being  so  opened  shall  be  open  to 
public  inspection.  No  contract  or  preliminary  plans  and 
specifications  shall  be  split  or  divided  for  the  purpose  of 
evading  the  provisions  of  this  section.  The  provisions  of 
this  section  shall  not  apply  to  any  transaction  between  the 
commonwealth  and  any  of  its  political  subdivisions. 

Approved  August  4,  1939. 

ChapA28  An  Act  reviving  frank  imhof  co.  for  the  purpose  of 

CONVEYING  CERTAIN  REAL  ESTATE  AND  DISTRIBUTING  THE 
PROCEEDS    THEREOF. 

E™|rgency  Whsveas,    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. • 

Frank  Imhof  Co.,  a  corporation  dissolved  by  section  one  of 
chapter  fifty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  is  hereby  revived  and  continued,  for  a  period  of  two 
years  from  the  effective  date  of  this  act,  for  the  sole  purposes 
of  selling  and  conveying  title  to  certain  real  estate  situated 
in  the  commonwealth  and  distributing  the  proceeds  of  said 
sales  among  those  entitled  thereto. 

Approved  August  8,  1939. 

Chap. 429  An  Act  relative  to  the  maintenance  costs  of  certain 

ROADS,  ROADW^AYS,  PARKWAYS  AND  BRIDGES  UNDER  THE 
jurisdiction  of  the  METROPOLITAN  DISTRICT  COMMIS- 
SION AND   TO   CERTAIN   EXPENSES  OF  SAID   COMMISSION. 

Be  it  enacted,  etc.,  as  follow s: 

E'(L)',92r  Section  1.    Section  fifty-six  of  chapter  ninety-two  of  the 

Imendld"  General  Laws,  as  amended  by  section  one  of  chapter  one 

hundred  and  ninety-seven  of  the  acts  of  nineteen  hundred 

and  thirty-three,  is  hereby  further  amended  by  adding  at 

Term  the  end  the  following  new  sentence:  —  The  term  "boule- 

defined^'^"^  "      vards "  as  used  in  this  section  shall  include  all  such  roads, 

roadways,  parkways  and  bridges,  whether  within  or  without 

a  reservation  or  open  space,  under  the  jurisdiction  of  the 

commission,  as  are  surfaced  with  macadam  or  other  har4 


Acts,  1939.  —  Chap.  430.  549 

material  and  open  to  motor  vehicular  traffic;  provided,  that 
the  traveled  portion  of  such  road,  roadway,  parkway  or 
bridge  is  not  less  than  twenty-five  feet  in  width. 

Section  2.  Section  fifty-six  of  chapter  ninety-two  of  Jr^o^'',°on7 
the  General  Laws  shall  be  applicable  to  all  roads,  roadways, 
parkways  and  bridges,  coming  within  the  term  boulevards, 
as  that  term  is  defined  in  said  section,  constructed  before  as 
well  as  after  December  first,  nineteen  hundred  and  thirty- 
eight,  whether  such  boulevards  were  constructed  under  gen- 
eral or  special  law,  and  notwithstanding  any  provisions  of 
law  requiring  the  maintenance  costs  thereof  to  be  paid  other- 
wise than  as  provided  in  said  section. 

Section  3.     Said  chapter  ninety-two  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  sixty,  as  appearing  in  the  amended.^  ^°' 
Tercentenary  Edition,   and  inserting  in  place  thereof  the 
following:  —  Section  60.    The  expense  of  the  salaries  of  the  Payment  of 
metropolitan  district  commissioners,   and  such  expense  of  tenanL'^f'''" 
maintenance  of  the  general  office  and  otherwise  as  the  com-  ^'^^g^j^jf ''•' 
mission  shall  determine  are  not  clearly  or  wholly  incurred 
in  the  maintenance  work  of  any  one  of  the  metropolitan 
parks,  boulevards,  water  or  sewerage  sj^stems  or  districts, 
shall  be  paid:  one  fourth  as  maintenance  of  reservations  by 
the  metropolitan  parks  district;   one  fourth  as  maintenance 
of  boulevards  by  the  commonwealth;    one  fourth  by  the 
metropolitan  water  district;    and  one  fourth  in  equal  parts 
each  by  the  north  and  south  metropolitan  sewerage  districts. 
The  state  treasurer  shall  include  the  amounts  required  of 
each  town  of  said  districts  to  meet  said  expenses  in  the  sums 
assessed  upon  said  towns  in  the  annual  state  tax. 

Section  4.    This  act  shall  take  effect  on  December  first,  Effective 
nineteen  hundred  and  forty.       Approved  August  8,  1939. 


An  Act  authorizing  the  acushnet  process  company  to  CJiaj)  430 
construct  and  maintain  a  bridge  over  the  acushnet 

RIVER    between    THE    CITY    OF    NEW    BEDFORD    AND    THE 
TOWN    OF   ACUSHNET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Acushnet  Process  Company,  a  Massa- 
chusetts corporation,  is  hereby  authorized  to  construct  and 
maintain,  subject  to  the  pertinent  provisions  of  chapter 
ninety-one  of  the  General  Laws,  a  bridge,  without  a  draw, 
across  the  tide  waters  of  the  Acushnet  river  between  the  city 
of  New  Bedford  and  the  town  of  Acushnet,  at  a  point  about 
three  hundred  feet  south  of  the  existing  Acushnet  bridge, 
so  called.  Authority  granted  hereunder  shall  terminate  and 
said  new  bridge  shall  be  removed  upon  the  adoption  by  state 
or  federal  authorities  of  any  project  for  an  extension  of  the 
channel  of  said  river  for  navigation  above  said  new  bridge. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  August  8,  1939. 


550  Acts,  1939.  —  Chaps.  431,  432. 


Chap. 4:31  An  Act  relative  to  the  keeping  of  the  premises  of 

COMMON   VICTUALLERS    OPEN    FOR    BUSINESS. 

prTambre*!"^  Whercas,    The  deferred  operation  of  this  act  would  tend 

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

Be  it  eyiacted,  etc.,  as  follows: 

%d)'  ilo"^'  Chapter  one  hundred  and  forty  of  the  General  Laws  la 

§  9A,  inserted,    hereby  amended  by  inserting  after  section  nine,  as  appear- 
ing in  the  Tercentenary  Edition,  the  following  new  section: 
Keeping  open     — Sectiou  9A.     Nothing  in  sections  two  to  nine,  inclusive, 

nremisps-  1       ii     i  i  •  •  ii  i 

shall  be  construed  to  require  a  common  victualler  to  keep 
his  premises  open  for  business  throughout  the  entire  year. 

Approved  August  9,  1939. 


premises. 


Chap .4:32  An  Act  further  regulating  the  method  of  appoint- 
ment OF  members  of  the  board  of  election  commis- 
sioners in  the  city  of  CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  two  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  twenty-one, 
as  amended  by  chapter  forty-three  of  the  acts  of  the  cur- 
rent year,  is  hereby  further  amended  by  striking  out,  in  the 
thirteenth  hue,  the  words  "whole  membership  of  such  com- 
mittee" and  inserting  in  place  thereof  the  words:  —  mem- 
bers of  such  committee  present  and  voting  at  a  duly  called 
meeting;  provided,  that  not  less  than  thirty  such  members 
are  present  and  voting  at  such  meeting,  —  so  as  to  read  as 
follows :  —  Section  3.  As  the  terms  of  the  several  election 
commissioners  expire,  and  in  case  a  vacancy  occurs  in  said 
board,  the  mayor  shall  so  appoint  their  successors  that  the 
members  of  the  board  shall,  as  equally  as  may  be,  represent 
the  two  leading  political  parties,  and  in  no  case  shall  an 
appointment  be  so  made  as  to  cause  the  board  to  have 
more  than  two  members  of  the  same  political  party.  Every 
such  appointment  shall  be  made  by  the  mayor  from  a  list 
to  be  submitted  to  him  by  the  city  committee  of  the  political 
party  from  the  members  of  which  the  position  is  to  be  filled, 
containing  the  names  of  three  enrolled  members  of  such  party 
resident  in  said  city,  selected  by  vote  of  a  majority  of  the 
members  of  such  committee  present  and  voting  at  a  duly 
called  meeting;  provided,  that  not  less  than  thirty  such 
members  are  present  and  voting  at  such  meeting;  and  every 
member  of  said  board  shall  serve  until  the  expiration  of  his 
term  and  until  his  successor  has  qualified.  No  appointment 
to  said  board  need  be  confirmed  by  the  city  council. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 
Approved  August  9,  1939. 


Acts,  1939.  —  Chaps.  433,  434.  551 


An  Act  relative  to  the  removal  of  certain  employees  nhf.^  aoo 
OF  the  commonwealth  or  metropolitan  district  com-  '  ' 

MISSION    under    certain    PROVISIONS    OF    THE    STATE    RE- 
TIREMENT  SYSTEM. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^"'^^y"''^ 
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: 

Paragraph  (16)  of  section  two  of  chapter  thirty-two  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  one  of  chapter  four  ft'c'l 'amended. 
hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  amended  by  striking  out,  in  the  third 
hne,  the  words  "initial  employment"  and  inserting  in  place 
thereof  the  following  words:  —  such  entry  or  re-entry,  —  so 
as  to  read  as  follows :  — 

(16)  Every  employee  who  entered  or  re-entered  the  serv-  Removal. 
ice  after  January  first,  nineteen  hundred  and  twelve,  and 
who  on  the  date  of  such  entry  or  re-entry  was  age  fifty-five 
or  over,  shall  be  removed  from  the  service  upon  attaining 
the  maximum  age  for  the  group  in  which  he  would  be  classi- 
fied under  paragraph  (14)  of  this  section.  This  paragraph 
shall  not  apply  to  an  official  not  exercising  the  option  pro- 
vided under  paragraph  (4)  of  this  section. 

Approved  August  9,  1939. 

An  Act  imposing  a  temporary  additional  excise  with  QfiQrf  434 

RESPECT  TO  the  SALE  OF  ALCOHOLIC  BEVERAGES  AND 
ALCOHOL. 

Whei'eas,    The  deferred  operation  of  this  act  would  tend  ^rTambr"^ 
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.  There  is  hereby  imposed  an  additional  excise 
on  the  sale  of  alcoholic  beverages  and  of  alcohol  during  the 
period  from  September  first,  nineteen  hundred  and  thirty- 
nine,  to  August  thirty-first,  nineteen  hundred  and  forty-one, 
inclusive,  as  follows: 

For  each  wine  gallon,  or  fractional  part  thereof,  of  cham- 
pagne and  all  other  sparkling  wines,  at  the  rate  of  thirty 
cents  per  wine  gallon; 

For  each  wine  gallon,  or  fractional  part  thereof,  of  all 
alcoholic  beverages  containing  more  than  twenty-four  per 
cent  but  not  more  than  fifty  per  cent  of  alcohol  by  volume 
at  sixty  degrees  Fahrenheit,  at  the  rate  of  fifty-five  cents 
per  wine  gallon; 

For  each  proof  gallon,  or  fractional  part  thereof,  of  all 
other  alcoholic  beverages  containing  more  than  fifty  per  cent 


552  Acts,  1939.  —  Chap.  435. 

of  alcohol  by  volume  at  sixty  degrees  Fahrenheit  or  alcohol, 
at  the  rate  of  fifty-five  cents  per  proof  gallon. 

Said  additional  excise  shall  be  levied  and  collected  as  pro- 
vided in  section  twenty-one  of  chapter  one  hundred  and 
thirty-eight  of  the  General  Laws,  as  amended,  and  the  perti- 
nent provisions  of  said  section  shall  apply  to  said  additional 
excise  to  the  same  extent  as  to  the  normal  excise  levied 
thereunder. 

Section  2.  Every  person  who  at  the  commencement  of 
business  on  September  first,  nineteen  hundred  and  thirty- 
nine,  has  on  hand  for  sale  at  the  premises  covered  by  a  li- 
cense issued  to  such  person  under  any  provision  of  said 
chapter  one  hundred  and  thirty-eight,  or  at  any  other  prem- 
ises, any  alcoholic  beverages  or  alcohol  of  the  classes  affected 
by  section  one  of  this  act  in  excess  of  four  hundred  gallons 
with  respect  to  which  an  excise  has  not  been  paid  or  is  not 
payable  under  said  section  one  shall  make  and  file  with  the 
commissioner  of  corporations  and  taxation  a  complete  in- 
ventory thereof  within  twenty  days  thereafter,  and  shall 
pay  to  said  commissioner  at  the  time  of  filing  such  inven- 
tory an  excise  with  respect  to  such  excess  computed  at  the 
rates  imposed  by  said  section  one.  All  provisions  of  section 
twenty-one  of  chapter  one  hundred  and  thirty-eight  of  the 
General  Laws,  as  amended,  relative  to  the  collection,  verifi- 
cation and  administration  of  taxes  applicable  to  licensees 
under  said  chapter  one  hundred  and  thirty-eight  shall  in  so 
far  as  pertinent  be  applicable  to  the  excise  herein  imposed. 

Section  3.  All  receipts  under  this  act  shall  be  credited 
to  the  General  Fund  of  the  commonwealth  and  shall  not  be 
subject  to  section  twenty-seven  of  chapter  one  hundred  and 
thirty-eight  of  the  General  Laws,  as  amended. 

Section  4.  The  words  "alcoholic  beverages",  as  used  in 
this  act,  shall  mean  alcoholic  beverages  as  defined  in  section 
one  of  chapter  one  hundred  and  thirty-eight  of  the  General 
Laws.  The  word  "alcohol",  as  used  in  this  act,  shall  mean 
alcohol  subject  to  any  provision  of  said  chapter  one  hun- 
dred and  thirty-eight,  but  shall  not  include  alcohol  sold  for 
scientific,  chemical,  mechanical,  manufacturing,  industrial, 
culinary,  pharmaceutical  or  medical  purposes  in  containers 
greater  in  capacity  than  one  wine  gallon. 

Approved  August  9,  1939. 


ChapA35  An  Act  prohibiting  the  payment  of  wages  or  salaries 
to  public  employees  in  certain  cases  where  com- 
pensation FOR  TOTAL  INCAPACITY  IS  PAYABLE  UNDER 
THE   workmen's   COMPENSATION   LAW,    SO   CALLED. 

Be  it  enacted,  etc.,  as  follows: 
EdV  iJl"^  Chapter  one  hundred  and  fifty-two  of  the  General  Laws 


J  69,  etc., 
imended. 


is  hereby  amended  by  striking  out  section  sixty-nine,  as 
most  recently  amended  by  chapter  four  hundred  and  three 
of  the  acts  of  nineteen  hundred  and  thirty-six,  and  insert- 


Acts,  1939.  —  Chap.  435.  553 

ing  in  place  thereof  the  following:  —  Section  69.  The  com-  Compensation 
rnonwealth  and  any  county,  city,  town  or  district  having  employees 
the  power  of  taxation  which  has  accepted  chapter  eight  restricted. 
hundred  and  seven  of  the  acts  of  nineteen  hundred  and 
thirteen,  and  any  town  or  district  having  the  power  of  taxa- 
tion which  accepts  the  provisions  of  this  section  at  an 
annual  meeting  or  at  any  special  meeting  called  for  the 
purpose,  and  any  county  tuberculosis  hospital  district 
under  sections  seventy-eight  to  ninety,  inclusive,  of  chap- 
ter one  hundred  and  eleven,  if  the  trustees  of  said  district 
accept  the  provisions  of  this  section,  shall  pay  to  laborers, 
workmen  and  mechanics  employed  by  it  who  receive  in- 
juries arising  out  of  and  in  the  course  of  their  employment, 
or,  in  case  of  death  resulting  from  such  injury,  to  the  per- 
sons entitled  thereto,  the  compensation  provided  by  this 
chapter.  Compensation  payable  under  this  chapter  to  an 
injured  employee  of  the  commonwealth  who  receives  full 
maintenance  in  addition  to  his  cash  salary  or  wage,  and 
compensation  payable  thereunder  to  his  dependents  in  case 
of  his  death,  shall  be  based  upon  his  average  weekly  wages 
plus  the  sum  of  seven  dollars  per  week  in  lieu  of  the  full 
maintenance  received  by  him;  provided,  that,  in  the  dis- 
cretion of  the  superintendent  or  other  person  in  charge  or 
control  of  any  institution  where  such  an  employee  is  em- 
ployed, such  maintenance,  computed  at  the  rate  per  week 
hereinbefore  set  forth,  may  be  continued  during  total  in- 
capacity, in  which  event  such  weekly  compensation  shall  be 
based  solely  upon  the  cash  salary  or  wages  of  such  employee. 
No  cash  salary  or  wages  shall  be  paid  by  the  commonwealth 
or  any  such  county,  city,  town  or  district  to  any  person 
for  any  period  for  which  weekly  total  incapacity  compen- 
sation under  this  chapter  is  payable.  Sections  seventy  to 
seventy-five,  inclusive,  shall  apply  to  the  commonwealth 
and  to  any  county,  city,  town  or  district  having  the  power 
of  taxation  which  has  accepted  said  chapter  eight  hundred 
and  seven,  and  to  any  town  or  district  having  the  power 
of  taxation  which  accepts  the  provisions  of  this  section  as 
hereinbefore  provided,  and  to  any  county  tuberculosis  hos- 
pital district  under  said  sections  seventy-eight  to  ninety, 
inclusive,  if  the  trustees  of  said  district  accept  the  provi- 
sions of  this  section.  The  terms  laborers,  workmen  and 
mechanics,  as  used  in  sections  sixty-eight  to  seventy-five, 
inclusive,  shall  include  other  employees  except  members  of 
a  pohce  or  fire  force,  regardless  of  the  nature  of  their  work, 
of  the  commonwealth  or  of  any  such  county,  city,  town, 
district  or  county  tuberculosis  hospital  district,  to  such 
extent  as  the  commonwealth  or  such  county,  city,  town  or 
district,  acting  respectively  through  the  governor  and  coun- 
cil, county  commissioners,  city  council,  the  qualified  voters 
in  a  town  or  district  meeting,  or  the  trustees  of  such  county 
tuberculosis  hospital  district,  shall  determine,  as  evidenced 
by  a  writing  filed  with  the  department. 

Approved  August  9,  1939. 


554 


Acts,  1939.  —  Chaps.  436,  437. 


G.  L.  (Ter. 
Ed.),  90,  §  2, 
etc.,  amended. 


Number 
plates  for 
trailers. 


ChavASG  An  Act  relative  to  number  plates  on  trailers  drawn 

ON    WAYS    OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  ninety  of  the  General 
Laws,  as  amended,  is  hereby  further  amended  by  striking 
out  the  paragraph  appearing  in  the  fifty-sixth  to  the  sixty- 
fifth  fines,  inclusive,  in  the  Tercentenary  Edition,  and  in- 
serting in  place  thereof  the  following  paragraph :  — 

The  registrar  shall  furnish  at  his  office,  without  charge, 
to  every  person  whose  motor  vehicle  is  registered  under  this 
chapter,  two  number  plates  of  suitable  design,  and  to  every 
person  whose  trailer  is  so  registered,  one  such  number  plate, 
having  displayed  thereon  the  register  number  assigned  to 
that  vehicle;  provided,  that  number  plates  assigned  to  am- 
bulances, fire  engines  and  apparatus,  police  patrol  wagons 
and  other  vehicles  used  by  the  police  department  of  any 
city  or  town  or  park  board  solely  for  the  official  business  of 
such  department  or  board  may  be  of  a  distinctive  type  or 
types.  The  number  plates  so  furnished  shah,  except  as 
provided  by  section  nine,  be  valid  only  for  the  year  for  which 
they  are  issued. 

Section  2.  Section  six  of  said  chapter  ninety,  as  appear- 
ing in  the  Tercentenary  Edition,  is  hereby  amended  by 
striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  Every  motor  vehicle  or  trailer 
registered  under  this  chapter  when  operated  in  or  on  any 
way  in  this  commonwealth  shall  have  its  register  number 
displayed  conspicuously  thereon  on  the  number  plates  fur- 
nished by  the  registrar  in  accordance  with  section  two  or 
five  or  on  temporary  number  plates  authorized  by  the  regis- 
trar as  hereinafter  provided,  one  number  plate  to  be  at- 
tached at  the  front  and  one  at  the  rear  of  said  motor  vehicle, 
and  one  number  plate  to  be  attached  at  the  rear  of  said 
trailer,  so  that  the  said  number  plates  and  the  register  num- 
ber thereon  shall  be  always  plainly  visible. 

Approved  August  9,  1939. 


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


Same 
subject. 


ChapASl  An  Act  providing  for  the  construction  of  a  bulkhead 

ALONG    A    portion    OF    THE    SHORE    OF   MENEMSHA    BASIN 
IN    THE   TOWN    OF   CHILMARK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  herein  imposed,  the 
department  of  public  works  is  hereby  authorized  and  directed 
to  construct  a  creosoted  timber  bulkhead,  approximately  six 
hundred  feet  in  length,  along  the  shore  of  Menemsha  basin 
in  the  town  of  Chilmark  and  to  do  such  dredging  in  said 
basin  as  may  be  necessary  in  connection  therewith,  at  an 
expenditure  of  not  exceeding  fifteen  thousand  dollars  to  be 
paid  from  the  amount  appropriated  by  item  six  hundred  and 


Acts,  1939.  —  Chap.  438.  555 

seventeen  of  section  two  of  chapter  three  hundred  and  nine 
of  the  acts  of  the  current  year  for  the  fiscal  year  ending 
November  thirtieth,  nineteen  hundred  and  thirty-nine.  No 
work  hereunder  shall  be  begun  until  a  contribution  of  four 
thousand  dollars  toward  the  cost  of  the  improvement  here- 
inbefore referred  to  has  been  made  by  the  county  of  Dukes 
County  and  a  contribution  of  eleven  thousand  dollars  towards 
such  cost  has  been  made  by  the  town  of  Chilmark,  nor  until 
federal  funds  can  be  obtained  in  an  amount  of  not  less  than 
twenty  thousand  dollars. 

Section  2.  For  the  purpose  of  providing  the  required 
contribution  toward  the  cost  of  the  improvement  referred  to 
in  section  one  the  town  of  Chilmark  may  borrow,  from  time 
to  time,  within  a  period  of  ten  years  from  the  passage  of 
this  act,  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  eleven  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words 
Chilmark  Bulkhead  Loan,  Act  of  1939.  Each  authorized 
issue  shall  constitute  a  separate  loan  and  such  loans  shall 
be  paid  in  not  more  than  ten  years  from  their  dates,  but  no 
issue  shall  be  authorized  under  this  act  unless  a  sum  equal 
to  an  amount  not  less  than  ten  per  cent  of  such  authorized 
issue  is  voted  for  the  same  purpose  to  be  raised  by  the  tax 
levy  of  the  year  when  authorized.  Indebtedness  incurred 
under  this  act  shall  be  outside  the  statutory  Umit,  and  shall, 
except  as  provided  herein,  be  subject  to  chapter  forty-four 
of  the  General  Laws,  exclusive  of  the  limitation  contained 
in  the  first  paragraph  of  section  seven  thereof. 

Section  3.  Upon  the  completion  of  the  work  authorized 
by  this  act  the  town  of  Chilmark  shall  administer  the  facili- 
ties provided  and  may  make  such  rules,  regulations  and 
charges  for  their  use  as  may  seem  reasonable,  and  may  lease 
portions  of  the  structure  for  terms  not  exceeding  one  year. 

Approved  August  9,  1989. 


An  Act  authorizing  the  commissioner  of  public  health 
TO  convey  certain  land  in  lakeville  to  verna  c. 

BOWLES. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  public  health,  on  behalf  of  the  com- 
monwealth, is  hereby  authorized  and  directed  to  convey  by 
a  sufficient  deed,  in  such  form  and  containing  such  provi- 
sions binding  on  the  grantee  as  to  said  commissioner  shall 
seem  best  and  approved  as  to  its  form  by  the  attorney  gen- 
eral, to  Verna  C.  Bowles  of  Lakeville,  in  consideration  of 
one  hundred  and  seventy-five  dollars,  two  parcels  of  land 
in  the  town  of  Lakeville  in  the  county  of  Plymouth  bounded 
and  described  as  follows: 

Parcel  No.  1.  Beginning  at  a  point  on  the  southwesterly 
fine  of  Bridge  street,  said  point  being  that  referred  to  in  a 
conveyance  of  land  by  John  H.  Pushee  to  the  common- 


C/iap.438 


556  Acts,  1939.  —  Chaps.  439,  440. 

wealth  and  referred  to  in  book  1255,  page  511,  of  the  regis- 
try of  deeds  of  Plymouth  county,  as  being  about  three  hun- 
dred seventy-five  feet  from  the  corner  of  the  Macomber 
farm,  so  called;  thence  southwesterly  by  land  now  or  for- 
merly of  Verna  C.  Bowles  a  distance  of  one  hundred  twenty- 
five  feet;  thence  southeasterly  by  a  line  parallel  to  Bridge 
street  a  distance  of  fifty  feet;  thence  northeasterly  by  a  line 
at  right  angles  to  Bridge  street  one  hundred  twenty-five 
feet  to  the  southwesterly  fine  of  Bridge  street;  thence 
northwesterly  by  said  line  of  Bridge  street  a  distance  of 
fifty  feet  to  the  point  of  beginning. 

Parcel  No.  2.  Beginning  at  a  point  on  the  southwesterly 
line  of  Bridge  street,  said  point  being  a  distance  of  seventy- 
five  feet  northwesterly  along  said  line  of  Bridge  street  from 
the  point  of  beginning  of  Parcel  No.  1  as  herein  described; 
thence  southwesterly  by  the  northwesterly  line  of  land  now 
or  formerly  of  Verna  C.  Bowles  a  distance  of  one  hundred 
twenty-five  feet;  thence  northwesterly  by  a  fine  parallel  to 
Bridge  street  a  distance  of  about  one  hundred  ninety-three 
feet  to  land  now  or  formerly  of  Eva  A.  Perkins,  referred  to 
in  book  1516,  page  499,  of  the  registry  of  deeds  of  the  county 
of  Plymouth;  thence  northeasterly  by  the  line  of  the  land 
of  said  Perkins  a  distance  of  one  hundred  twenty-five  feet 
to  the  southwesterly  fine  of  Bridge  street;  thence  south- 
easterly by  the  southwesterly  line  of  Bridge  street  a  distance 
of  about  one  hundred  ninety-three  feet  to  the  point  of  be- 
ginning; said  parcels  containing  in  the  aggregate  about 
seven  tenths  of  an  acre.  Approved  August  9,  1939. 

ChcipASQ  An  Act  authorizing  the  county  of  essex  to  reimburse 

THE  PROBATION  OFFICER  OF  THE  SUPERIOR  COURT  FOR 
SAID  COUNTY  FOR  MONEY  LOST  ON  ACCOUNT  OF  A  FORGED 
CHECK. 

Be  it  enacted,  etc.,  as  folloivs: 

The  county  of  Essex  may  pay  to  the  account  of  the  proba- 
tion officer  of  the  superior  court  for  the  said  county  the  sum 
of  one  hundred  and  thirty-six  dollars,  to  reimburse  said 
account  for  a  loss  occasioned  by  the  acceptance  of  a  check 
of  the  federal  government  by  the  then  probation  officer,  by 
order  of  the  court,  which  check  was  thereafter  found  to  be 
void  because  of  a  forged  endorsement  thereon  and  was  there- 
fore not  honored  by  said  federal  government. 

Approved  August  9,  1939. 

Chap. 4:40  An   Act  permitting  the   conversion   in  the  town   of 

WAKEFIELD  OF  EXISTING  BUILDINGS  INTO  NON-FIREPROOF 
tenement  houses  NOT  EXCEEDING  TWO  AND  ONE  HALF 
STORIES   IN   HEIGHT. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  In  the  town  of  Wakefield  the  provisions  of 
chapters  one  hundred  and  forty-four  and  one  hundred  and 


Acts,  1939. —Chap.  441.  557 

forty-five  of  the  General  Laws  shall  not  prevent  the  con- 
version of  any  building  into  a  tenement  house,  other  than 
a  fireproof  tenement  house,  not  more  than  two  and  one  half 
stories  in  height,  nor  the  occupation  of  such  a  tenement 
house. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  said  town  at  any  annual  or  special  town  meeting 
held  within  one  year  after  its  passage. 

Approved  August  9,  1939. 

An  Act  abolishing  the  reserve  police  force  of  the  (jJidj)  44]^ 

METROPOLITAN  DISTRICT  COMMISSION,  PROVIDING  FOR  THE 
EMPLOYMENT  OF  CALL  POLICE  OFFICERS  BY  SAID  COMMIS- 
SION AND  RELATIVE  TO  APPOINTMENTS  TO  THE  REGULAR 
POLICE    FORCE   THEREOF. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  sixty-two  A,  in-  f  62A^etc.. 
serted  by  section  one  of  chapter  four  hundred  and  sixteen  amended. 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  and  in- 
serting in  place  thereof  the  following:  —  Section  62 A.    The  caii  officers. 
commission  may  appoint  and  employ  as  a  call  officer  for 
temporary  service  any  person  on  the  fist  of  the  division  of 
civil  service  in  the  department  of  civil  service  and  registra- 
tion of  eligibles  for  appointment  to  the  permanent  police 
force  of  the  commission.     Any  such  call  officer  shall,  while 
on  duty,  have  all  the  powers  and  authority  conferred  upon 
poHce  officers  of  the  commission  by  section  sixty-one. 

Section  2.     Section  twenty  B  of  chapter  thirty-one  of  gj^-g^^^I-goB 
the  General  Laws,  as  most  recently  amended  by  section  repealed 
twenty-seven  of  chapter  two  hundred  and  thirty-eight  of 
the  acts  of  the  current  year,  is  hereby  repealed. 

Section  3.     Section  five  of  said   chapter  four  hundred  ^e^^aied^'  ^  ^" 
and  sixteen  is  hereby  repealed,  but  said  repeal  shall  not   '^^*'^*'  ' 
affect  the  status  of  persons  appointed  to  the  regular  police 
force  of  the  metropolitan  district  commission  prior  to  the 
effective  date  of  this  act  under  the  provisions  of  said  section 
five. 

Section  4.    Section  seventy  of  chapter  thirty-two  of  the  g.  l.  (Tor. 
General  Laws,  as  most  recently  amended  by  section  four  J^pe^ied.  ^  ^°' 
of  said  chapter  four  hundred  and  sixteen,  is  hereby  repealed. 

Section  5.  The  division  of  civil  service  is  hereby  author- 
ized and  directed  to  place  on  the  current  list  of  ehgibles, 
established  on  June  thirtieth,  nineteen  hundred  and  thirty- 
eight,  for  appointment  to  the  permanent  police  force  of  the 
metropoUtan  district  commission  the  names  of  persons  who 
were  appointed  to  the  reserve  police  force  of  said  commis- 


558 


Acts,  1939.  —  Chap.  442. 


sion  under  chapter  four  hundred  and  sixteen  of  the  acts  of 
nineteen  hundred  and  thirty-seven.  A  person  so  appointed 
to  said  reserve  police  force  shall  have  his  name  placed  on 
said  current  eligible  list  on  the  basis  of  the  rating  obtained 
by  him  in  the  examination  upon  which  the  lists  of  eligibles, 
established  on  May  fourteenth  and  twenty-fifth,  nineteen 
hundred  and  thirty-six,  for  appointment  to  said  permanent 
poHce  force  were  based;  provided,  that  if  any  such  person 
also  passed  the  examination  upon  which  said  current 
ehgible  list  is  based  and  obtained  a  higher  rating  therein, 
his  name  shall  be  placed  thereon  on  the  basis  of  said  higher 
rating.  The  Hst  so  established  shall  remain  in  full  force  and 
effect  until  June  thirtieth,  nineteen  hundred  and  forty-one. 

Approved  August  9,  1939. 


G.  L.  (Ter. 
Ed.),  25, 
§§  12A  and 
12B,  repealed. 


G.  L.  (Ter. 
Ed.),  25,  §8A, 
inserted. 


ChapA'i2  An  Act  abolishing  the  securities  division  in  the  de- 
partment OF  PUBLIC  UTILITIES  AND  TRANSFERRING  ITS 
POWERS  AND  DUTIES  TO  THE  COMMISSION  OF  SAID  DE- 
PARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Sections  twelve  A  and  twelve  B  of  chapter 
twenty-five  of  the  General  Laws,  as  amended,  are  hereby 
repealed,  but,  notwithstanding  such  repeal,  all  functions  in 
relation  to  the  administration  and  enforcement  of  chapter 
one  hundred  and  ten  A  of  the  General  Laws  imposed  upon 
the  commission  of  the  department  of  pubHc  utilities  prior 
to  the  effective  date  of  such  repeal,  whether  or  not  delegated 
to  the  securities  division  in  said  department,  shall  be  per- 
formed by  said  commission. 

Section  2.  Said  chapter  twenty-five  is  hereby  further 
amended  by  inserting  after  section  eight,  as  appearing  in  the 
Tercentenary  Edition,  the  following  new  section :  —  Sec- 
tion 8 A.  For  the  performance  of  the  functions  in  relation 
to  the  administration  and  enforcement  of  chapter  one  hun- 
dred and  ten  A  imposed  upon  the  commission,  the  commis- 
sion may  employ  such  assistants  and  other  employees  as  are 
required  therefor. 

Section  3.  Section  ten  of  said  chapter  twenty-five,  as 
most  recently  amended  by  section  three  of  chapter  three 
hundred  and  fifty-two  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  striking  out,  in 
the  third  line,  the  word  "three"  and  inserting  in  place 
thereof  the  word :  —  four,  —  so  as  to  read  as  follows :  — 
Section  10.  The  commission  may  assign  to  all  officers  and 
employees  appointed  or  employed  under  the  four  preceding 
sections  such  duties  as  it  shall  from  time  to  time  deem  ad- 
visable, but  all  acts  of  such  officers  and  employees  shall  be 
done  under  the  supervision  and  control  of,  and  subject  to 
'  revision  by,  the  commission. 
Ed.')'."  1 WA,  Section  4.     Section  two  of  chapter  one  hundred  and 

§  2,  kmend'ed.    ten  A  of  the  General  Laws  is  hereby  amended  by  striking 


G.  L.  (Ter. 
Ed.),  25, 
§  10,  etc., 
amended. 


Control  over 
employees. 


Acts,  1939.  —  Chap.  443.  559 

out  clause  (a),  as  appearing  in  section  one  of  chapter  two 

hundred  and  ninety  of  the  acts  of  nineteen  hundred  and 

thirty-two,  and  inserting  in  place  thereof  the  following:  — 

(a)   "Commission",  the  commission  supervising  and  con-  Definition. 

trolling  the  department  of  public  utiHties  under  chapter 

twenty-five. 

Section  5.     Section  twelve  of  said  chapter  one  hundred  Ed^r/ioT' 
and  ten  A,  as  most  recently  amended  by  section  ten  of  §  12,  etc!, ' 
chapter  four  hundred  and  forty-five  of  the  acts  of  nineteen  ^'"^"'^^'^• 
hundred  and  thirty-eight,  is  hereby  further  amended  by 
striking  out,  in  the  forty-seventh  to  fifty-second  lines,  in- 
clusive, the  following :  —  ;    provided,  that,  if  this  function 
has  been  delegated  by  the  commission  under  section  twelve  A 
of  chapter  twenty-five,  the  transcript  of  the  evidence  at  such 
hearing  shall  first  be  submitted  to  the  commission  and  it 
shall  approve  of  such  rescission  and  reinstatement,  —  so  that 
the  last  paragraph  will  read  as  follows :  —  If  the  registration  suspension, 
of  an  individual  registrant  or  of  such  an  organization  has  trant°^  '^^^'^ 
been  suspended  or  revoked  by  the  commission  or  is  revoked 
by   operation  of  law  except  for  or  in  connection  with  a 
conviction  of  larceny,  the  commission,  after  a  hearing,  may 
rescind  such  suspension  or  revocation  and  reinstate  such 
individual  registrant  or  organization.     If  the  registration  of 
an  individual  registrant  or  of  such  an  organization  is  revoked 
by  operation  of  law  for  or  in  connection  with  a  conviction 
of  larceny,  the  commission,  after  a  hearing,  may  annul  the 
revocation  of  the  registration  of  such  registrant  or  organ- 
ization and  reinstate  such  registrant  or  organization.    In  any 
case  where  the  revocation  of  any  registration  of  any  such 
organization  is  rescinded  or  annulled,  such  registration  shall 
be  restored  if  the  organization  so  elects. 

Section  6.     Section  twelve  A  of  said  chapter  one  hun-  g.  l.  (Xer. 
dred  and  ten  A,  inserted  by  section  eleven  of  said  chapter  f  i2A,^rei^'aied. 
four  hundred  and  forty-five,  is  hereby  repealed. 

Approved  August  9,  1939. 


An  Act  to  authorize  the  proprietors  of  the  catholic  qJiq^j)  443 
cemetery  in  dorchester  to  hold    additional  real         '  ' 
and  personal  estate. 

Be  it  enacted,  etc.,  as  follows: 

The  Boston  Catholic  Cemetery  Association  is  hereby 
authorized  to  hold  real  and  personal  estate  necessary  or 
convenient  for  the  purpose  for  which  it  was  established  to 
the  value  of  two  hundred  and  ninety-two  thousand,  five 
hundred  dollars  in  addition  to  the  amount  which  it  is  now 
authorized  by  law  to  hold.  Approved  August  9,  1939. 


560  Acts,  1939.  —  Chap.  444. 


Chap .44:4:  An  Act  providing  for  the  funding  of  overlay  deficits 

AND    OTHER   ITEMS    BY   THE    CITY    OF   NEW    BEDFORD. 

preambiT^  TF/iergas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  New  Bedford,  for  the  purposes 
specified  in  section  two  of  this  act,  may,  with  the  approval 
of  the  board  established  under  section  one  of  chapter  forty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-three,  bor- 
row a  sum  not  exceeding  five  hundred  thousand  dollars  in 
the  year  nineteen  hundred  and  thirty-nine,  a  sum  not  ex- 
ceeding three  hundred  and  fifty  thousand  dollars  in  the  year 
nineteen  hundred  and  forty,  and  a  sum  not  exceeding  one 
hundred  and  fifty  thousand  dollars  in  the  year  nineteen  hun- 
dred and  forty-one,  and  issue  bonds  or  notes  of  the  city 
therefor,  which  shall  bear  on  their  face  the  words,  New  Bed- 
ford Deficiency  Loan,  Act  of  1939.  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  inside  the  statutory  limit  of 
indebtedness,  and  shall,  except  as  herein  provided,  be  sub- 
ject to  the  provisions  of  chapter  forty-four  of  the  General 
Laws,  exclusive  of  the  limitation  contained  in  the  first  para- 
graph of  section  seven  thereof. 

Section  2.  The  amounts  borrowed  under  authority  of 
section  one  shall  be  used  for  meeting  deficits  in  the  overlay 
account  resulting  from  abatements  on  account  of  tax  assess- 
ments in  each  of  the  years  nineteen  hundred  and  thirty  to 
nineteen  hundred  and  thirty-nine,  inclusive.  No  appropria- 
tion voted  for  any  purpose  shall  be  valid  without  the  ap- 
proval of  said  board  during  any  period  while  any  loan  in- 
curred under  authority  of  this  act  is  outstanding,  and  the 
maximum  amount  which  may  be  expended  in  each  year  or 
any  portion  thereof  during  said  period,  for  any  and  all 
municipal  purposes,  shall  be  fixed  by  said  board,  any  pro- 
vision of  the  general  laws  to  the  contrary  notwithstanding, 
but  all  debt  and  interest  falling  due  shall  be  paid. 

Section  3.  The  members  of  said  board,  when  acting 
under  this  act,  shall  receive  from  the  commonwealth  com- 
pensation 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,  but  in  no  event  more 
than  three  hundred  dollars  for  a  single  member  in  any  year. 

Section  4.  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  August  10,  1939. 


Acts,  1939.  —  Chaps.  445,  446.  561 

An  Act  providing  for  partial  reimbursement  by  the  (Jhnnj  445 

COMMONWEALTH  TO  THE  TOWN  OF  GOSNOLD  FOR  THE      ^' 
SALARY  OF  A  CERTAIN  SCHOOL  TEACHER  EMPLOYED  BY 
SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Upon  approval  by  the  commissioner  of  education  the 
commonwealth  shall  reimburse  the  town  of  Gosnold  at  the 
expiration  of  each  school  year,  for  one  half  the  salary  of  a 
school  teacher  employed  by  said  town  in  a  school  conducted 
by  it  on  the  island  of  Naushon  or  the  island  of  Nashawena, 
but  no  such  reimbursement  shall  in  any  year  exceed  four 
hundred  and  fifty  dollars.  Said  teacher  shall  not  be  included 
among  the  persons  on  account  of  whose  salaries  said  town 
shall  receive  partial  reimbursement  under  Part  I  of  chapter 
seventy  of  the  General  Laws.  The  reimbursement  herein 
provided  for  shall  be  in  addition  to  any  reimbursement  under 
said  Part  I,  shall  be  paid  as  provided  in  section  one  of  said 
chapter  seventy,  and  shall  be  included  by  said  commissioner 
in  the  amount  certified  by  him  to  be  due  to  said  town  as 
provided  in  section  seven  of  said  chapter. 

Approved  August  10,  1939. 


An  Act  further  amending  the  law  relative  to  sewers  nhnj)  AAa 

CONSTRUCTED  BY  THE  TOWN  OF  LEXINGTON  IN  CO-OP-      ^' 
ERATION  WITH  THE  FEDERAL  GOVERNMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  ninety-one  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  section  one  and 
inserting  in  place  thereof  the  following :  —  Section  1 .  The 
provisions  of  section  one  of  chapter  three  hundred  and 
twenty-two  of  the  acts  of  nineteen  hundred  and  thirteen,  as 
amended  by  section  one  of  chapter  two  hundred  and  twenty- 
one  of  the  acts  of  nineteen  hundred  and  twenty-six,  with 
reference  to  assessment  of  the  cost  of  sanitary  sewers  con- 
structed in  the  town  of  Lexington  in  accordance  with  the 
provisions  of  chapter  five  hundred  and  four  of  the  acts  of 
eighteen  hundred  and  ninety-seven,  as  amended,  shall  not 
apply  to  sanitary  sewers,  as  defined  in  section  one  of  said 
chapter  two  hundred  and  twenty-one,  constructed  in  the 
said  town  in  co-operation  with  the  Works  Progress  Ad- 
ministration, the  Works  Projects  Administration,  the  Public 
Works  Administration  or  other  similar  agency  of  the  United 
States.  The  portion  of  the  cost  of  such  sanitary  sewers 
which  is  not  paid  or  provided  by  such  agency  shall  be  assessed 
upon  the  estates  specially  benefited  by  such  sanitary  sewers. 
The  board  of  selectmen  of  said  town  shall  determine  the 
amount  to  be  so  assessed  and  shall  apportion  the  same  upon 
the  estates  that  they  shall  determine  to  be  specially  bene- 
fited, in  the  proportion  which  the  area  of  each  such  estate, 


562  Acts,  1939.  —  Chap.  447. 

for  a  depth  not  to  exceed  one  hundred  and  twenty-five  feet, 
bears  to  the  total  area  included  in  the  calculation,  but  the 
entire  estate  shall  be  subject  to  the  lien  for  such  assessment. 
No  land  shall  be  taxed  or  assessed  hereunder  more  than  once. 
No  assessment  hereunder  shall  be  levied  upon  any  estate  or 
part  thereof,  which  by  reason  of  its  grade  or  otherwise  can- 
not be  drained  into  such  new  construction,  until  such  in- 
capacity has  been  removed.  No  assessment  hereunder  shall 
exceed  the  amount  of  the  special  benefit  to  the  estate  assessed. 
No  drain  or  sewer  from  an  estate  or  part  thereof  not  previ- 
ously assessed  or  not  presently  liable  to  assessment  as  herein 
provided,  or  as  provided  in  said  chapter  three  hundred  and 
twenty-two,  as  amended  by  said  chapter  two  hundred  and 
twenty-one,  shall  be  entered  in  such  a  sanitary  sewer,  as 
defined  as  aforesaid,  so  constructed  in  co-operation  with  such 
agency,  except  upon  the  payment  of  such  an  assessment  or 
charge  and  upon  such  other  terms  and  conditions  as  the 
board  of  selectmen  of  said  town  shall  determine.  The  pro- 
visions of  chapter  eighty  of  the  General  Laws  relative  to  the 
apportionment,  division,  reassessment,  abatement  and  col- 
lection of  assessments,  and  to  interest,  shall  apply  to  assess- 
ments made  under  this  act.  The  cost  of  such  sanitary  sewers 
so  constructed  shall  not  be  included  in  future  determination 
of  ''cost"  of  sewers  for  the  purpose  of  assessment  under  said 
chapter  three  hundred  and  twenty-two,  as  amended  by  said 
chapter  two  hundred  and  twenty-one. 

Section  2.  This  act  shall  take  effect  upon  its  passage; 
provided,  that  nothing  herein  shall  be  deemed  to  affect  the 
provisions  of  section  two  of  chapter  ninety-one  of  the  acts 
of  the  current  year  relative  to  the  acceptance  of  said  act  by 
the  town  of  Lexington.  Approved  August  10,  1939. 

ChapA^7  An  Act  relative  to  the  taxation  of  savings  and  insur- 
ance BANKS  WITH  RESPECT  TO  THEIR  INSURANCE  DEPART- 
MENTS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^eJTis  Section  L  Chapter  sixty-three  of  the  General  Laws  is 
ameAded.  *  hereby  amended  by  striking  out  section  eighteen,  as  appear- 
ing in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
Taxatjonof^  the  foUowiug:  —  Section  18.  Every  savings  and  insurance 
bank  doing  business  under  chapter  one  hundred  and  seventy- 
eight  shall  annually  pay  an  excise  of  one  quarter  of  one  per 
cent  upon  the  net  value  of  all  policies  in  force  on  October 
thirty-first  next  preceding  the  date  on  which  the  excise  is 
due  and  payable,  issued  or  assumed  by  it  on  the  fives  of 
residents  of  this  commonwealth,  as  determined  by  the  com- 
missioner from  the  return  required  under  this  section  and 
such  other  evidence  as  he  may  obtain. 

Every  such  bank  shall  annually,  on  or  before  November 
twenty-fifth,  make  a  return  to  the  commissioner,  on  oath 
of  its  president  and  its  treasurer,  giving  in  such  detail  as 
the  commissioner  shall  require  the  total  number  of  policies 


savings  bank 
insurance. 


Acts,  1939.  —  Chap.  447.  563 

in  force  on  the  next  preceding  October  thirty-first  on  the 
hves  of  residents  of  this  commonwealth,  the  aggregate  net 
value  thereof  and  the  aggregate  amount  insured.  When- 
ever the  commissioner  deems  it  for  the  best  interest  of  the 
commonwealth  he  may  require  in  addition  to  the  above  in- 
formation the  following  details  relating  to  each  policy  in 
force  on  said  October  thirty-first  on  the  life  of  a  resident  of 
the  commonwealth :  —  the  number,  date  and  class,  the  age 
of  the  insured,  the  amount  insured  and  the  net  value.  The 
aggregate  net  value  so  reported  shall  be  the  combined  aggre- 
gate of  the  mean  reserve  computed  for  each  policy,  or  each 
group  of  policies  requiring  a  separate  computation  to  deter- 
mine their  net  value,  determined  in  accordance  with  the 
rules  for  the  valuation  of  policies  of  life  insurance  companies 
under  section  nine  of  chapter  one  hundred  and  seventy-five, 
except  that  the  valuation  shall  be  as  of  October  thirty-first; 
provided,  that  if  the  state  actuary,  with  the  approval  of  the 
commissioner  of  insurance,  adopts  under  section  fifteen  of 
chapter  one  hundred  and  seventy-eight  a  table  of  mortality 
which  may  be  deemed  more  suitable  than  the  American  Ex- 
perience Table  for  policies  of  insurance  of  the  character  and 
amounts  to  which  the  risks  of  the  banks  are  limited,  the 
commissioner  may  permit  the  use  of  the  table  so  adopted 
in  the  determination  of  taxable  net  value. 

The  provisions  of  section  twenty-seven  relative  to  penal- 
ties for  neglect  to  make  the  returns  required  by  section 
twenty  or  twenty-five,  and  to  liability  for  false  statements 
contained  in  such  returns  shall  apply  with  respect  to  the 
returns  made  or  required  to  be  made  under  this  section. 
The  books,  papers  and  accounts  of  every  savings  and  insur- 
ance bank  shall  be  open  at  all  times  to  inspection  and  exam- 
ination by  the  commissioner,  or  his  duly  authorized  repre- 
sentatives, for  the  purpose  of  verifying  the  accuracy  of  such 
returns. 

The  excise  provided  by  this  section  shall  be  due  and 
payable  to  the  commissioner  at  the  time  when  the  excise 
return  is  required  to  be  filed.  As  soon  as  may  be,  the  com- 
missioner shall  make  assessment  of  such  excise,  giving  notice 
to  each  savings  and  insurance  bank  of  the  correct  amount 
thereof.  Such  excise  may  be  recovered  in  contract  by  the 
commissioner  in  the  name  of  the  commonwealth  and  every 
savings  and  insurance  bank  shall  be  liable,  upon  an  in- 
formation, to  an  injunction  restraining  it  from  the  further 
prosecution  of  its  business  until  all  excises  due  with  costs 
and  interest  are  fully  paid.  Any  excise  or  any  portion 
thereof  not  paid  when  due  shall  bear  interest  at  the  rate  of 
six  per  cent  per  annum  from  the  date  payable  until  the  date 
of  payment.  Within  sixty  days  after  the  date  of  such  notice 
a  savings  and  insurance  bank  may  apply  to  the  commis- 
sioner for  a  correction  of  said  excise,  and  in  default  of  set- 
tlement may,  upon  application  within  thirty  days  of  the 
date  of  notification  of  the  commissioner's  decision,  be  heard 
thereon  by  the  appellate  tax  board.     If  abatement  of  an 


564 


Acts,  1939.  —  Chap.  448. 


G.  L.  (Ter. 
Ed.),  63,  §  ISA, 
amended. 


Correction  of 
."issessment. 


Effective 
date. 


excise  paid  is  granted,  the  overpayment  with  interest  thereon 
at  the  rate  of  six  per  cent  per  annum  from  the  date  of  pay- 
ment shall  be  refunded  to  the  savings  and  insurance  bank 
by  the  state  treasurer  without  any  appropriation  therefor 
by  the  general  court. 

If  any  savings  and  insurance  bank  reinsures  all  of  its  out- 
standing insurance  policies  and  annuity  contracts  as  pro- 
vided in  section  twenty-five  of  chapter  one  hundred  and 
seventy-eight,  it  shall  make  return  forthwith  of  the  aggre- 
gate net  value  of  all  policies  in  force  at  the  close  of  business 
on  the  last  day  prior  to  the  effective  date  of  the  reinsurance 
provided  in  said  section,  and  the  excise  provided  by  this 
section  shall  be  computed  on  said  net  value  and,  as  soon 
as  may  be,  shall  be  assessed  and  become  due  and  payable 
in  an  amount  proportionate  to  that  part  of  the  twelve 
months  period  which  has  elapsed  since  the  next  preceding 
October  thirty-first,  and  such  excise  shall  be  a  liability 
within  the  meaning  of  section  twenty-five  of  chapter  one 
hundred   and   seventy-eight. 

Section  2.  Section  eighteen  A  of  said  chapter  sixty- 
three,  as  so  appearing,  is  hereby  amended  by  striking  out, 
in  the  first  and  second  Hnes,  the  words  "eleven,  seventeen 
or  eighteen"  and  inserting  in  place  thereof  the  words:  — 
eleven  or  seventeen,  —  and  by  striking  out,  in  the  sixth  and 
seventh  lines,  the  words  "board  of  tax  appeals"  and  insert- 
ing in  place  thereof  the  words :  —  appellate  tax  board,  — 
so  as  to  read  as  follows:  —  Section  18 A.  A  bank  or  company 
taxable  under  section  eleven  or  seventeen  shall  be  notified 
by  the  commissioner  of  the  tax  assessed  as  soon  as  may  be, 
and  within  sixty  days  after  the  date  of  notification  may 
apply  to  the  commissioner  for  a  correction  of  the  assess- 
ment, and  in  default  of  settlement  may,  within  thirty  days 
of  the  date  of  the  notice  of  the  commissioner's  decision, 
appeal  therefrom  to  the  appellate  tax  board.  If  abatement 
of  a  tax  paid  is  granted,  the  overpayment  with  interest 
thereon  at  the  rate  of  six  per  cent  per  annum  from  the  date 
of  payment  shall  be  refunded  to  the  bank  or  company  by 
the  state  treasurer  without  any  appropriation  therefor  by 
the  general  court. 

Section  3.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty.       Approved  August  10,  1939. 


Chap .4:48  An  Act  authorizing  the  county  commissioners  of  essex 

COUNTY  TO  ERECT  AND   EQUIP  CERTAIN  BUILDINGS  AT  THE 
ESSEX    COUNTY   SANATORIUM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Essex  county 
are  hereby  authorized  to  raise  and  expend  a  sum  not  ex- 
ceeding fifty  thousand  dollars  for  the  erection  and  equip- 
ment of  a  nurses'  home  and  other  buildings  at  the  Essex 
county  sanatorium.  All  sums  received  from  the  federal 
government  for  the  purposes  of  this  act  shall  be  included  in, 


Acts,  1939.  —  Chap.  449.  565 

and  considered  as  a  part  of,  the  total  amount  authorized 
to  be  expended  hereunder,  and  no  expenditure  shall  be  made 
hereunder  until  federal  funds  sufficient  to  meet  forty-five 
per  cent  of  the  cost  of  the  work  shall  have  been  allotted 
under  the  provisions  of  any  appropriate  federal  statute. 

Section  2.  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  Essex  county 
to  secure  for  said  purposes  federal  funds  as  provided  by 
section  one. 

Section  3.  To  provide  funds  for  erecting  and  equipping 
the  building  or  buildings  hereinbefore  authorized,  the  treas- 
urer of  Essex  county,  with  the  approval  of  the  county  com- 
missioners, may  borrow  from  time  to  time  on  the  credit 
of  said  county  such  sums,  not  exceeding,  in  the  aggregate, 
fifty  thousand  dollars,  as  may  be  necessary,  and  may  issue 
bonds  or  notes  therefor,  which  shall  bear  on  their  face  the 
words,  Essex  County  Sanatorium  Loan,  Act  of  1939.  Each 
authorized  issue  shall  constitute  a  separate  loan  and  such 
loans  shall  be  payable  in  not  more  than  fifteen  years  from 
their  dates.  Such  bonds  or  notes  shall  be  signed  by  the 
treasurer  of  said  county  and  countersigned  by  a  majority 
of  said  county  commissioners.  Said  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. 

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

Approved  August  10,  1939. 

An  Act  relative  to  transfers  of  members  of  contribu-  fhrj^v^  440 

TORY   retirement   SYSTEMS.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  L     Section  thirty-seven  D  of  chapter  thirty-  g.  l.  (Xer. 
two  of  the  General  Laws,  as  most  recently  amended  by  sec-  f ^yb'^etc 
tion  one  of  chapter  four  hundred  and  sixty-four  of  the  acts  amended.  ' 
of   nineteen   hundred   and   thirty-eight,    is   hereby   further 
amended  by  striking  out  the  first  paragraph  and  inserting 
in  place  thereof  the  following  two  paragraphs :  — 

Any  member  of  any  contributory  retirement  system  es-  Transfers. 
tablished  under  this  chapter  or  similar  provisions  of  earlier 
law,  or  under  any  special  law,  which  is  maintained  by  pubhc 
funds,  who  leaves  a  position  by  virtue  of  which  he  was  a 
member  of  such  system,  and  who  within  ninety  days  there- 
after  accepts,   in   any  governmental  unit,   subdivision   or 


566  Acts,  1939.  —  Chap.  450. 

agency  of  the  commonwealth  which  maintains  such  a  sys- 
tem, a  position  which  is  subject  thereto,  shall  thereupon  be 
transferred  to  such  other  system  with  the  right  to  a  retire- 
ment allowance  based  on  his  full  service  in  both  systems, 
and  the  full  amount  of  his  accumulated  deductions  plus 
regular  interest  shall  be  transferred  to  or  deposited  in  the 
system  of  which  he  then  becomes  a  member. 

A  member  of  any  contributory  retirement  system  estab- 
Ushed  under  this  chapter  or  similar  provisions  of  earher  law, 
or  under  any  special  law,  which  is  maintained  by  public 
funds,  who,  having  been  separated  from  the  service  other- 
wise than  by  resignation,  voluntary  retirement  or  discharge 
for  cause,  shall,  more  than  ninety  days  and  not  more  than 
five  years  after  such  separation,  accept  a  position  in  another 
governmental  unit,  subdivision  or  agency  of  the  common- 
wealth which  maintains  such  a  system  may,  with  the  ap- 
proval of  the  retirement  board  of  such  unit,  subdivision  or 
agency  be  permitted  to  transfer  his  membership  and  to 
receive  credit  for  his  full  service  in  both  systems  if  he  de- 
posits in  or  transfers  to  the  annuity  savings  fund  of  the 
retirement  system  of  such  unit  the  full  amount  of  the  de- 
ductions which  were  in  the  fund  of  the  system  from  which 
he  was  so  separated,  with  regular  interest,  or  provides  for 
payment  thereof  by  an  increased  rate  of  contribution  over 
a  period  not  to  exceed  five  years  and  before  attaining  age 
sixty.  No  provision  of  this  chapter  or  of  any  special  law 
limiting  the  age  at  which  a  person  may  become  a  member 
of  any  system  shall  prevent  a  transfer  under  this  section. 
JroTsions^  SECTION  2.     The  pertinent  provisions  of  section  thirty- 

seven  D  of  chapter  thirty-two  of  the  General  Laws,  as 
amended  by  section  one  of  this  act,  shall  apply  to  any  per- 
.  son  subject  thereto  who  has  transferred  his  employment 
prior  to  the  effective  date  of  this  act;  provided,  that  he  shall 
make  in  full  the  payments  required  under  the  second  para- 
graph of  said  section  thirty-seven  D,  as  so  amended,  not 
later  than  January  first,  nineteen  hundred  and  forty. 

Approved  August  10,  1939. 


Chap. 450  An  Act  providing  for  state  wide  verification  of  voting 

LISTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  registrars  of  voters  or  officers  under 
special  laws  performing  Uke  duties  in  each  city  and  town, 
in  this  act  called  registrars,  shall,  between  June  first  in  the 
year  nineteen  hundred  and  forty-one  and  December  thirty- 
first  in  the  year  nineteen  hundred  and  forty-three,  verify 
the  voting  fists  and  certify  them  as  required  by  section  three 
of  this  act,  and  for  this  purpose  may  appoint  such  temporary 
assistant  registrars  as  may  be  necessary. 

Section  2.  The  state  secretary  shall,  on  or  after  June 
first  in  the  year  nineteen  hundred  and  forty-one,  at  the 


Acts,  1939.  —  Chap.  450.  567 

expense  of  the  commonwealth,  furnish  to  the  registrars  of 
each  city  and  town  such  fihng  or  other  equipment  and  such 
number  of  registration  forms  or  cards,  hereinafter  called 
cards,  as  may  be  necessary  to  carry  out  this  act.  Such  cards 
shall  be  known  as  registration  record  cards  and  shall  be  of 
such  size  and  form  as  the  state  secretary  may  determine,  and 
shall  have  printed  thereon  the  schedule  as  provided  for  the 
general  register  under  section  thirty-six  of  chapter  fifty-one 
of  the  General  Laws,  together  with  the  following : 

Sex. 

The  city  or  town  where  last  previously  registered,  if  any. 

Date  of  birth. 

Height. 

Such  cards  containing  all  facts  required  by  the  foregoing 
shall  be  signed  by  each  voter  whose  name  appears  on  any 
nineteen  hundred  and  forty-three  voting  hst  and  by  each 
applicant  for  registration  on  or  after  December  first  in  the 
year  nineteen  hundred  and  forty-one.  Such  cards  shall  be 
used  at  polUng  places  for  the  purpose  of  identification  of 
voters  after  January  first,  nineteen  hundred  and  forty-four. 
The  signature  on  such  card  of  the  applicant  for  registration 
or  the  voter  shall  be  made,  under  the  penalties  of  perjury, 
in  the  presence  of  a  registrar,  or  assistant  registrar,  who  shall 
affix  his  name  thereto. 

Section  3.  Upon  the  completion  of  the  verification  of 
the  voting  hst,  but  in  no  event  later  than  December  thirty- 
first  in  the  year  nineteen  hundred  and  forty-three,  the 
registrars  shall  file  with  the  mayor  in  cities  or  the  selectmen 
in  towns,  as  the  case  may  be,  the  following  certificate:  — 

We,  the  registrars  of  voters  or  election  commissioners  of 
the  city  (or  town)  of  do  hereby  certify  that 

we  have  verified  the  hst  of  registered  voters  in  the  city  (or 
town),  as  required  by  chapter  of  the  acts  of 

nineteen  hundred  and  thirty-nine,  as  of  November  first, 
nineteen  hundred  and  forty-three. 

Section  4.  On  January  first,  nineteen  hundred  and 
forty-four,  the  registrars  shall  revise  the  general  register  and 
the  annual  register  compiled  under  sectibn  thirty-seven  of 
chapter  fifty-one  of  the  General  Laws  as  affected  by  this 
act  and  strike  therefrom  the  names  of  all  persons  who  have 
not  signed  the  registration  record  cards  as  provided  in  this 
act;  provided,  that  there  shall  not  be  stricken  from  said 
registers  the  name  of  any  person  unless  such  person  shall, 
not  less  than  thirty  days  prior  to  such  action,  have  been 
notified  by  the  registrars  by  mail  of  his  failure  to  sign  the 
registration  record  card  and  informed  of  the  procedure  to  be 
followed  in  order  to  have  his  name  retained  on  said  registers, 
nor  unless  such  person  shall  have  been  given  a  reasonable 
opportunity  to  follow  said  procedure. 

Section  5.  Chapter  four  hundred  and  twenty-seven  of 
the  acts  of  nineteen  hundred  and  thirty-eight  is  hereby 
repealed. 


568 


Acts,  1939.  —  Chap.  451, 


G.  L.  (Ter. 
Ed.),  6.  §  49, 
etc.,  amended. 


State  planning 
board. 


Section  6.  Cities  and  towns  shall  not  incur  any  addi- 
tional expenses  on  account  of  this  act  until  the  state  has 
furnished  them  with  the  necessary  cards  and  equipment  as 
provided  in  section  two.  Approved  August  10,  1939. 

ChapAdl  An  Act  to  make  certain  minor  perfecting  changes  in 

THE    STATUTES    OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty-nine  of  chapter  six  of  the 
General  Laws,  as  inserted  by  section  two  of  chapter  four 
hundred  and  seventy-five  of  the  acts  of  nineteen  hundred 
and  thirty-five  and  as  amended  by  chapter  three  hundred 
and  seven  of  the  acts  of  nineteen  hundred  and  thirty-six,  is 
hereby  further  amended  by  striking  out,  in  the  third  line, 
the  word  ''two"  and  inserting  in  place  thereof  the  word:  — 
three,  —  so  as  to  read  as  follows :  —  Section  49.  There  shall 
be  a  state  planning  board  of  nine  members,  in  this  and  the 
three  following  sections  called  the  board,  consisting  of  the 
commissioner  of  public  works,  or  a  representative  designated 
by  him  from  the  personnel  of  his  department,  the  commis- 
sioner of  public  health,  or  a  representative  designated  by 
him  from  the  personnel  of  his  department,  the  commissioner 
of  conservation,  or  a  representative  designated  by  him  from 
the  personnel  of  his  department,  and  six  members  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  council, 
who  shall  be  designated  in  their  initial  appointments  to 
serve  respectively  for  one,  two,  three,  four,  five  and  six 
years,  and  one  of  whom  shall  be  designated  by  the  governor 
as  chairman.  Any  designation  of  his  representative  by  a 
commissioner  as  aforesaid  shall  be  made  by  a  writing  filed 
in  his  office,  and  shall  be  efTective  for  such  period  as  he  may 
prescribe  therein,  and  may  at  any  time  be  revoked  by  him. 
The  members  and  employees  of  the  board  shall  receive  their 
traveling  and  other  necessary  expenses  incurred  in  the  per- 
formance of  their  duties.  Upon  the  expiration  of  the  term 
of  office  of  an  appointive  member,  his  successor  shall  be 
appointed  in  the  manner  aforesaid  to  serve  for  six  years. 
The  board  may  employ  an  executive  secretary,  who  may  be 
a  member  of  the  board,  and  a  chief  engineer  and  may  appoint 
such  assistants  and  temporary  technical  advisers  as  the  work 
of  the  board  may  require.  Such  temporary  technical  advisers 
shall  not  be  subject  to  chapter  thirty-one  and  may  be  re- 
moved by  the  board  at  any  time. 

Section  2.  Section  twenty-six  of  chapter  seven  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  first  and  second 
lines,  the  words  "the  four  preceding  sections"  and  insert- 
ing in  place  thereof  the  following:  —  sections  twenty-two, 
twenty-three,  twenty-four  and  twenty-five,  —  so  as  to  read 
as  follows :  —  Section  26.  In  order  best  to  carry  out  the 
provisions  of  sections  twenty-two,  twenty-three,  twenty-four 
and   twenty-five,   and   sections   fifty-one   and   fifty-two   of 


G.  L.  (Ter. 
Ed.),  7,  I  26, 
amended. 


Advisory 
standardiza- 
tion board. 


Acts,  1939.  —  Chap.  451.  569 

chapter  thirty,  there  shall  be  established  an  advisory  stand- 
ardization board,  consisting  of  the  state  purchasing  agent  as 
its  head  and  such  representatives  of  the  several  departments, 
offices  and  commissions  most  affected  by  said  provisions  as 
shall  be  designated  by  the  heads  thereof.  Said  board  shall 
consider  and  advise  as  to  the  needs  of  the  various  state 
activities,  how  far  they  can  be  reasonably  harmonized  and 
covered  by  standard  specifications,  and  what,  if  any,  ma- 
terials are  so  lacking  in  importance  or  uniformity  as  to  war- 
rant blanket  authorization  for  their  local  purchase. 

Section  3.     Paragraph  (3)  (a)  of  section  five  A  of  chapter  g.  l.  (Xer. 
thirty-two  of  the  General  Laws,  as  appearing  in  section  one  f  5^;  etc.. 
of  chapter  four  hundred  and  thirty-nine  of  the  acts  of  nine-  amended." 
teen  hundred  and  thirty-eight,  is  hereby  amended  by  striking 
out,  in  the  eleventh  and  twelfth  Unes,  the  words  "  paragraph 
(12)  of  section  three"  and  inserting  in  place  thereof  the 
words :  —  section  two  A,  —  so  as  to  read  as  follows :  — 

(3)  (a)  Any  member  who  ceases  to  be  an  employee  while  Assessment 
inehgible  for  retirement  in  any  manner  other  than  by  re-  ^o*"e"ta'i'Jf 
tirement,   shall  be   paid   the   amount  of  his  accumulated  members, 
assessments  in  not  less  than  thirty  days  after  the  filing  of 
an  apphcation  therefor  unless  sooner  reinstated  in  service; 
provided,  that  the  board,  in  its  discretion,  may  withhold 
such  accumulated  assessments  for  not  more  than  one  year 
after  the  member  last  rendered  service,  if  said  member  after 
a   previous   discontinuance   of   service   had   re-entered   the 
service  and  failed  to  redeposit  the  sum  which  he  withdrew 
at  the  time  of  last  discontinuance,  as  provided  in  section 
two  A. 

Section  4.     Section  nineteen  of  said  chapter  thirty-two,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  ^^p^|fj  ^  ^^• 
by  striking  out  the  second  paragraph  of  said  section  and 
inserting  in  place  thereof  the  following:  — 

A  person  who  is  principally  employed  by  the  common-  Persons- 
wealth  but  who  is  also  employed  in  the  public  schools  shall  pXi'ic^slliois 
not  be  a  member  of  the  teachers'  retirement  association,  but  etc. 
shall  be  subject  to  sections  one  to  five  A,  inclusive,  and  if  a 
member  of  the  state  retirement  association  shall  pay  assess- 
ments to  the  annuity  savings  fund  established  by  paragraph 
(1)  (a)  of  section  five  A  based  on  the  total  regular  compen- 
sation received  for  service  rendered  to  the  commonwealth 
and  for  employment  as  a  pubHc  school  teacher;    provided, 
that  the  annual  assessment  of  such  a  member  shall  not  ex- 
ceed the  maximum  annual  assessment  established  by  para- 
graph (1)  (d)  of  said  section  five  A. 

Section  5.     Section  sixty-five  A  of  said  chapter  thirty-  g.  l.  (Xer. 
two,  inserted  by  section  one  of  chapter  four  hundred  and  Fg;5\-^g;^p 
nine  of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  amended.''' 
hereby  amended  by  inserting  after  the  word  "justice",  the 
second  time  said  word  appears  in  the  ninth  Hne,  the  words:  — 
associate  justice,  —  so  as  to  read  as  follows:  —  Section  65 A.  J^^r"fuages. 
A  chief  justice  or  any  associate  justice  of  the  supreme  judicial 
court,  the  superior  court  or  the  municipal  court  of  the  city 


570 


Acts,  1939.  —  Chap.  451. 


G.  L.  (Ter. 
Ed.),  38, 
§  1,  etc., 
amended. 

Medical 
examiners,  etc. 


G.  L.  (Ter. 
Ed.),  40, 
§  42E,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  43.  §  7, 
amended. 


Adoption 
of  plans. 


G.  L.  (Ter. 
Ed.),  43,  §  46. 
amended. 


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


of  Boston,  any  jucige  or  associate  judge  of  the  land  court, 
any  judge  of  probate  and  insolvency,  a  justice  of  any  district 
court  other  than  the  municipal  court  of  the  city  of  Boston, 
or  a  justice  of  the  Boston  juvenile  court,  who  shall  be  retired 
under  article  LVIII  of  the  amendments  to  the  constitution, 
or  who,  after  having  served  as  a  chief  justice,  justice,  associate 
justice,  judge  or  associate  judge  of  any  such  court  or  courts 
at  least  ten  years  continuously  and  having  attained  the  age 
of  seventy  years,  shall  resign  his  office,  shall  thereupon  be 
entitled  to  receive  a  pension  for  life  at  an  annual  rate  equal 
to  three  fourths  of  the  annual  rate  of  salary  payable  to  him 
at  the  time  of  such  retirement  or  resignation,  to  be  paid  from 
the  same  source  and  in  the  same  manner  as  the  salaries  of 
like  judicial  officers  of  his  court  are  paid. 

Section  6.  Section  one  of  chapter  thirty-eight  of  the 
General  Laws,  as  most  recently  amended  by  chapter  two 
hundred  and  sixty  of  the  acts  of  the  current  year,  is  hereby 
further  amended  by  striking  out,  in  the  fifty-sixth  and  fifty- 
seventh  lines,  the  words  ",  Enfield,  Greenwich,  Prescott", 
and,  in  the  eighty-fourth  line,  the  word  " ,  Dana". 

Section  7.  Section  forty-two  E  of  chapter  forty  of  the 
General  Laws,  as  amended  by  section  six  of  chapter  one 
hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
thirty-two,  is  hereby  further  amended  by  striking  out  the 
last  sentence  and  inserting  in  place  thereof  the  following :  — 
If  such  petition  is  denied  in  whole  or  in  part,  the  petitioner 
may  appeal  to  the  appellate  tax  board  upon  the  same  terms 
and  conditions  as  a  person  aggrieved  by  the  refusal  of  the 
assessors  of  a  city  or  town  to  abate  a  tax. 

Section  8.  Section  seven  of  chapter  forty-three  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  second  line,  the  words 
"the  following  section"  and  inserting  in  place  thereof  the 
words:  —  this  and  the  two  following  sections,  —  so  as  to 
read  as  follows ;  —  Section  7.  A  petition  addressed  to  the 
city  council,  in  the  form  and  signed  and  certified  as  pro- 
vided in  this  and  the  two  following  sections,  may  be  filed 
with  the  city  clerk,  who  shall  present  the  same  to  the  city 
council.  The  petition  shall  be  signed  by  qualified  voters  of 
the  city  to  a  number  equal  at  least  to  ten  per  cent  of  the 
.  registered  voters  at  the  state  election  next  preceding  the  filing 
of  the  petition. 

Section  9.  Section  forty-six  of  said  chapter  forty-three, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
second  fine,  the  word  "nine"  and  inserting  in  place  thereof 
the  word :  —  ten,  —  so  as  to  read  as  follows :  —  Section  46. 
The  method  of  city  government  provided  for  in  the  ten  fol- 
lowing sections  shall  be  known  as  Plan  A. 

Section  10.  Section  thirty-five  of  chapter  fifty-one  of 
the  General  Laws,  as  most  recently  amended  by  section 
thirteen  of  chapter  four  hundred  and  forty  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out,  in  lines  three  to  five,  inclusive,  the  words ;  — 


Acts,  1939.  —  Chap.  451.  571 

,  notices  of  which  are  required  to  be  transmitted  by  them  to 
the  assessors  under  section  four,  —  so  as  to  read  as  follows : 

—  Section  35.     Except  in  any  city  or  town  as  to  which  it  is  omitted 
otherwise  provided  by  special  law,  registrars  shall  compare  ''stings. 
all  omitted  listings  with  the  annual  register  of  voters  for  the 
preceding  year,  and  if  it  appears  to  their  satisfaction  that 

any  of  said  omitted  listings  is  that  of  a  person  entitled  to  vote 
in  such  preceding  year  they  may  before  the  close  of  registra- 
tion enter  such  name  on  the  current  annual  register.  In 
every  case  they  shall  require  the  vote  by  virtue  of  which 
such  entry  or  correction  is  made  to  be  attested  by  their  clerk. 

Section  11.    Section  seventy  F  of  chapter  fifty-three  of  g.  l.  (Xer. 
the  General  Laws,  inserted  by  section  twenty-one  of  chapter  f  yoF-.^'etc, 
four  hundred  and  seventy-three  of  the  acts  of  nineteen  hun-  an^ended. 
dred  and  thirty-eight,  is  hereby  amended  by  striking  out, 
in  the  third  line,  the  word  "committee"  and  inserting  in 
place  thereof  the  word:  —  clerk,  —  so  as  to  read  as  follows: 

—  Section  70F.    Upon  the  receipt  of  the  records  of  the  votes  canvass  of 
cast  at  presidential  primaries  and  within  four  days  after  ^delates  etc 
said  primary  the  city  or  town  clerk  shall  forthwith  canvass 

the  same  and  make  return  of  the  votes  for  delegates  at 
large,  alternate  delegates  at  large,  district  delegates  and  al- 
ternate district  delegates  and  for  election  as  members  of  the 
state  committee  to  the  state  secretary,  who  shall  forthwith 
canvass  such  returns,  determine  the  results  thereof,  notify 
the  successful  candidates,  and  certify  to  the  state  commit- 
tees the  names  of  the  persons  elected  as  members  of  state 
committees.  Said  clerks  shall  determine  the  results  of  the 
vote  for  members  of  ward  and  town  committees,  issue  proper 
certificates  thereof  to  the  successful  candidates  and  notify 
the  chairmen  of  the  city  and  town  committees  of  the  re- 
spective parties. 

Section  12.     Section   four   of   chapter   fifty-six   of   the  g.  l.  (Xer. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  ^mended.^^' 
is  hereby  amended  by  inserting  after  the  word  "A",  the 
first  time  it  appears  in  the  first  line,  the  words :  —  regis- 
trar, a,  —  so  as  to  read  as  follows :  —  Section  Jf..     A  regis-  Neglect  of 
trar,  a  member  of  the  listing  board  or  a  police  officer  in  a  fr^ar!  et^."^^^'^' 
city  or  town  having  a  listing  board  upon  whom  a  duty  is 
imposed  by  any  law  relating  to  the  listing  or  registration  of 
voters,  who  refuses  or  wilfully  fails  to  perform  such  duty, 
or  who  wilfully  performs  it  contrary  to  law,  shall,  if  no  other 
penalty  is  specifically  provided,  be  punished  by  imprison- 
ment for  not  more  than  one  year. 

Section  13.  Section  forty-eight  of  said  chapter  fifty-  g.  l.  (Xer. 
six,  as  so  appearing,  is  hereby  amended  by  striking  out  all  a^eAded.^^^' 
after  the  word  "the",  in  the  eighth  fine,  and  inserting  in 
place  thereof  the  words:  —  jail  or  house  of  correction  for 
not  less  than  one  nor  more  than  two  and  one  half  years  or 
in  the  state  prison  for  not  less  than  two  and  one  half  nor 
more  than  five  years,  or  by  both  such  fine  and  imprisonment, 

—  so  as  to  read  as  follows :  —  Section  J^8.    Any  person  who  Tampering 
shall  tamper  with  or  injure  or  attempt  to  injure  any  voting  machine!"^ 


572 


Acts,  1939. —  Chap.  451. 


Penalty. 


G.  L.  (Ter. 
Ed.),  58,  §  11. 
amended. 

Appellate 
tax  board. 


G.  L.  (Ter. 
Ed.),  .58,  §  14, 
amended. 

Same 
subject. 

G.  L.  (Ter. 
Ed.),  58, 
§  18,  etc., 
amended. 


Distribution  of 
income  tax. 


G.  L.  (Ter. 
Ed.),  .58, 
§  25,  etc., 
amended. 

Amounts 
due  to  cities 
and  towns. 


G.  L.  (Ter. 
Ed.),  58A, 
§  7,  etc., 
amended. 

Appellate 
tax  board. 


machine  or  ballot  box  to  be  used  or  being  used  in  an  election, 
or  who  shall  prevent  or  attempt  to  prevent  the  correct  opera- 
tion of  such  machine  or  box,  or  any  unauthorized  person 
who  shall  make  or  have  in  his  possession  a  key  to  a  voting 
machine  or  ballot  box  to  be  used  or  being  used  in  an  election, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
jail  or  house  of  correction  for  not  less  than  one  nor  more 
than  two  and  one  half  years  or  in  the  state  prison  for  not 
less  than  two  and  one  half  nor  more  than  five  years,  or  by 
both  such  fine  and  imprisonment. 

Section  14.  Section  eleven  of  chapter  fifty-eight  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  the  fourteenth  line,  the  words  "board  of  tax  appeals" 
and  inserting  in  place  thereof  the  words:  —  appellate  tax 
board. 

Section  15.  Section  fourteen  of  said  chapter  fifty-eight, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
seventh  line,  the  words  "board  of  tax  appeals"  and  inserting 
in  place  thereof  the  words:  —  appellate  tax  board. 

Section  16.  Section  eighteen  of  said  chapter  fifty-eight, 
as  most  recently  amended  by  section  one  of  chapter  four 
hundred  and  five  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  is  hereby  further  amended  by  inserting  after  the  words 
"seven  A",  in  the  second  fine,  the  words:  —  of  chapter  sixty- 
two, —  so  as  to  read  as  follows:  —  Section  18.  Except  as 
provided  in  section  seven  A  of  chapter  sixty-two,  the  state 
treasurer  shall,  on  or  before  April  fifteenth  in  each  year, 
distribute  the  amounts  of  taxes  on  incomes  under  chapter 
sixty-two  theretofore  collected  by  the  commonwealth  to 
the  several  cities  and  towns  in  proportion  to  the  amounts  of 
the  last  preceding  state  tax  imposed  upon  them,  and  shall, 
on  or  before  November  twentieth  in  the  same  year,  distribute 
to  such  cities  and  towns  in  the  same  proportion  the  balance 
of  such  taxes  collected  after  said  April  fifteenth,  after  de- 
ducting a  sum  sufficient  to  reimburse  the  commonwealth  for 
the  expenses  incurred  in  the  collection  and  distribution  of 
said  income  taxes  and  for  such  of  said  taxes  as  have  been 
refunded  under  said  chapter  sixty-two  or  section  twenty- 
seven  of  this  chapter  during  said  year,  together  with  any 
interest  or  costs  paid  on  account  of  refunds,  which  shall  be 
retained  by  the  commonwealth,  and  after  deducting  also  a  suf- 
ficient sum  to  be  distributed  under  Part  I  of  chapter  seventy. 

Section  17.  Section  twenty-five  of  said  chapter  fifty- 
eight,  as  amended  by  section  three  of  chapter  three  hundred 
and  twenty-three  of  the  acts  of  nineteen  hundred  and  thirty- 
four,  is  hereby  further  amended  by  striking  out,  in  the 
thirteenth  line,  the  words  "board  of  tax  appeals"  and  in- 
serting in  place  thereof  the  words:  —  appellate  tax  board. 

Section  18.  Section  seven  of  chapter  fifty-eight  A  of 
the  General  Laws,  as  amended  by  section  two  of  chapter 
three  hundred  and  twenty-one  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  is  hereby  further  amended  by  striking 


Acts,  1939.  —  Chap.  451.  573 

out,  in  the  fifth  hne  and  in  the  eighth  and  ninth  Hnes,  the 
words  "board  of  tax  appeals"  and  inserting  in  place  thereof, 
in  each  instance,  the  words:  —  appellate  tax  board. 

Section  19.     Clause  seventeenth  of  section  five  of  chap-  g^^^-.^J^r-g 
ter  fifty-nine  of  the  General  Laws,  as  appearing  in  chapter  ameAded.    ' 
two  hundred  and  ninety-four  of  the  acts  of  nineteen  hundred  same 
and  thirty-five,  is  hereby  amended  by  striking  out,  in  the  ^"bject. 
twentieth  and  twenty-first  lines,  the  words  "board  of  tax 
appeals"  and  inserting  in  place  thereof  the  words:  —  appel- 
late tax  board. 

Section  20.     Clause  twenty-second  of  said  section  five  G.L.^Ter. 
of  said  chapter  fifty -nine,  as  appearing  in  the  Tercentenary  §5,  further 
Edition,  is  hereby  amended  by  striking  out,  in  the  two  hun-  amended. 
dred  and  ninth  line,  the  words  "board  of  tax  appeals"  and  g^^g^^ 
inserting  in  place  thereof  the  words :  —  appellate  tax  board. 

Section  21.     Section  seven  of  said  chapter  fifty-nine,  as  g.  l.  (Ter. 
amended  by  section  two  of  chapter  fifty-nine  of  the  acts  of  f  7;^;t^c^; 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended  aniended. 
by  striking  out,  in  the  eleventh  line  of  the  first  paragraph  as  f_^™^^^ 
appearing  in  said  section  two,  and  in  the  twentieth  line  of  said  ""'^'^^ ' 
section  as  appearing  in  the  Tercentenary  Edition,  the  words 
"board  of  tax  appeals"  and  inserting  in  place  thereof,  in  each 
instance,  the  words :  —  appellate  tax  board. 

Section  22.     Section  thirty-nine  of  said  chapter  fifty-  g.  l.  (Xer. 
nine,  as  amended  by  section  thirty-six  of  chapter  two  hun-  fsg.'et^c'., 
dred  and  fifty-four  of  the  acts  of  nineteen  hundred  and  thirty-  amended. 
three,  is  hereby  further  amended  by  striking  out,  in  the  sixth,  ^^^^^j 
eleventh  and  twenty-first  lines,  the  words  "board  of  tax 
appeals"  and  inserting  in  place  thereof,  in  each  instance,  the 
words:  —  appellate  tax  board. 

Section  23.     Section  ninety-five  of  chapter  sixty  of  the  g.  l.  (Xer. 


Ed.),  60, 
§  9.5,  etc., 


General  Laws,  as  most  recently  amended  by  section  three  of 
chapter  two  hundred  and  forty-eight  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  further  amended  by  insert- 
ing before  the  word  "upon",  in  the  twenty-fifth  line,  the 
word:  —  and,  —  and  by  striking  out,  in  the  twenty-eighth 
and  twenty-ninth  lines,  the  following :  —  ;  and  with  the 
amount  of  any  other  taxes  for  which  he  is  entitled  to  credit 
under  section  seventy-eight,  —  so  as  to  read  as  follows :  — 
Section  95.  The  collector  shall  be  credited  with  all  sums  credits,  etc., 
abated ;  with  all  sums  committed  and  thereafter  apportioned  *°  coi'pctor. 
under  section  thirteen  of  chapter  eighty;  with  the  amount 
of  all  assessments  not  apportioned  to  subsequent  years  which 
have  been  committed  under  section  four  of  chapter  eighty 
and  subsequently  recommitted  to  him  to  be  added  to  the 
annual  tax  on  the  land;  with  all  sums  committed  under  sec- 
tion forty-two  C  of  chapter  forty  and  subsequently  added  to 
the  annual  tax  and  recommitted  to  him  under  section  forty- 
two  D  of  said  chapter;  with  the  amount  of  taxes  for  which 
a  judgment  has  been  rendered  by  any  court  in  favor  of  the 
city  or  town;  with  the  amount  of  a  claim  for  taxes  allowed 
in  favor  of  the  city  or  town  in  bankruptcy  or  receivership 
cases;   with  the  amount  of  taxes  assessed  upon  any  person 


574 


Acts,  1939.  —  Chap.  451. 


G.  L.  (Ter. 
Ed.),  62,  §  < 
amended. 

Appellate 
tax  board. 


G.  L.  (Ter. 
Ed.),  63, 
§  2,  etc., 
amended. 

Same 
subject. 


G.  L.  (Ter. 
Ed.),  58,  §  17A, 
amended. 

Same 
subject. 


G.  L.  (Ter. 
Ed.),  63,  §  28, 
amended. 

Same 
subject. 

G.  L.  (Ter. 
Ed.),  63,  §  60, 
amended. 

Same 
subject. 

G.  L.  (Ter. 
Ed.),  63, 
§  71,  etc., 
amended. 

Same 
subject. 


G.  L.  (Ter. 
Ed.),  63, 
§  71A,  etc., 
amended. 


committed  to  jail  for  non-payment  of  his  tax  within  two 
years  from  the  receipt  of  the  tax  Hst  by  the  collector,  and  who 
has  not  paid  his  tax;  with  any  sums  which  the  town  may 
see  fit  to  abate  to  him,  due  from  persons  committed  after  the 
expiration  of  two  years ;  with  all  sums  withheld  by  the  treas- 
urer of  a  town  under  section  ninety- three ;  subject  to  the 
provisions  of  sections  forty-eight  and  fifty-five,  with  the 
amount  of  the  taxes  and  costs,  charges  and  fees  where  land 
has  been  purchased  or  taken  by  the  town  for  non-payment 
of  taxes;  and  upon  certification  in  accordance  with  section 
sixty-one,  with  the  amount  of  subsequent  taxes  which  have 
become  part  of  the  terms  of  redemption  in  any  tax  title  held 
by  the  town.  When  a  collector  is  credited  with  the  amount 
of  taxes  assessed  upon  any  person  committed  to  jail  for  the 
non-payment  of  his  tax,  who  has  not  paid  his  tax,  said  col- 
lector shall  also  be  paid  and  credited  with  the  fees  and  charges 
which  have  become  a  part  of  said  taxes  and  to  which  he  or 
the  officer  acting  under  his  warrant  is  entitled. 

Section  24.  Section  forty-five  of  chapter  sixty-two  of 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  striking  out,  in  the  fifth,  eighth 
and  thirteenth  lines,  the  words  "board  of  tax  appeals"  and 
inserting  in  place  thereof,  in  each  instance,  the  words:  — 
appellate  tax  board. 

Section  25.  Section  two  of  chapter  sixty-three  of  the 
General  Laws,  as  amended  by  section  two  of  chapter  three 
hundred  and  twenty-seven  of  the  acts  of  nineteen  hundred 
and  thirty-three,  is  hereby  further  amended  by  striking  out, 
in  the  twenty-fifth  line,  the  words  "board  of  tax  appeals" 
and  inserting  in  place  thereof  the  words :  —  appellate  tax 
board. 

Section  26.  Section  seventeen  A  of  said  chapter  fifty- 
eight,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  the  fourth  line,  the  words 
"board  of  tax  appeals"  and  inserting  in  place  thereof  the 
words:  —  appellate  tax  board. 

Section  27.  Section  twenty-eight  of  said  chapter  sixty- 
three,  as  so  appearing,  is  hereby  amended  by  striking  out, 
in  the  fifteenth  fine,  the  words  "board  of  tax  appeals"  and 
inserting  in  place  thereof  the  words:  —  appellate  tax  board. 

Section  28.  Section  sixty  of  said  chapter  sixty-three, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
eleventh  line,  the  words  "board  of  tax  appeals"  and  in- 
serting in  place  thereof  the  words:  —  appellate  tax  board. 

Section  29.  Section  seventy-one  of  said  chapter  sixty- 
three,  as  amended  by  section  three  of  chapter  one  hundred 
and  sixty-seven  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  is  hereby  further  amended  by  striking  out,  in  the  fifth, 
seventh  and  eighth,  and  fifteenth  lines,  the  words  "  board  of 
tax  appeals"  and  inserting  in  place  thereof,  in  each  instance, 
the  words:  —  appellate  tax  board. 

Section  30.  Section  seventy-one  A  of  said  chapter  sixty- 
three,  as  amended  by  chapter  one  hundred  and  fifty  of  the 


Acts,  1939. —Chap.  451.  575 

acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further  same 
amended  by  striking  out,  in  the  third  hne,  the  words  "board  ^''^^^''^■ 
of  tax  appeals"  and  inserting  in  place  thereof  the  words:  — 
appellate  tax  board. 

Section  31.     Section  six  of  chapter  sixty-four  of  the  g.  l.  (Xer. 
General  Laws,  as  appearing  in  the  Tercentenar}^  Edition,  is  amended.^  *"' 
hereby  amended  by  striking  out,  in  the  sixteenth  line,  the  g^j^^ 
words  "board  of  tax  appeals"  and  inserting  in  place  thereof  subject. 
the  words :  —  appellate  tax  board. 

Section  32.     Section  five  of  chapter  sixty-four  A  of  the  g.  l.  (Xer. 
General  Laws,  as  amended  by  section  two  of  chapter  three  f  5;^;fc*f" 
hundred  and  fifty-seven  of  the  acts  of  nineteen  hundred  and  amended, 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the  Same 
tenth  and  eleventh  lines  and  in  the  twelfth  line,  the  words  ^''^'''''^■ 
"board  of  tax  appeals"  and  inserting  in  place  thereof,  in 
each  instance,  the  words:  —  appellate  tax  board. 

Section  33.     Section  ten  of  said  chapter  sixty-four  A,  as  g.  l.  (Xer. 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amende<f '  ^  ^^' 
by  striking  out,  in  the  sixth  line,  the  words  "board  of  tax  ^^^^^ 
appeals"  and  inserting  in  place  thereof  the  words:  —  appel-  subject. 
late  tax  board. 

Section  34.     Section  twenty-five  of  chapter  sixty-five  of  Ss^ipl^s 
the  General  Laws,  as  so  appearing,  is  hereby  amended  by  amended. 
striking  out,  in  the  seventh  and  eighth  lines,  the  words  Saine 
"board  of  tax  appeals"  and  inserting  in  place  thereof  the  ^"'^J'^^*^- 
words :  —  appellate  tax  board. 

Section  35.     Section  twenty-six  of  said  chapter  sixty-  g.  l.  (Xer. 
five,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amended.^  ^^' 
the  seventh  and  in  the  tenth  lines,  the  words  "board  of  tax  q^^^ 
appeals"  and  inserting  in  place  thereof,  in  each  instance,  the  subject. 
words:  —  appellate  tax  board. 

Section  36.     Section  thirty-two  of  said  chapter  sixty-five,  g.  l.  (Ter. 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the  amended.^  ^^' 
thirteenth  line,  the  words  "board  of  tax  appeals"  and  in-  q^^^ 
serting  in  place  thereof  the  words:  —  appellate  tax  board,      subject. 

Section  37.     Chapter  one  hundred  and  twelve  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  section  two,  f  2?etV^' 
as  most  recently  amended  by  section  one  of  chapter  four  amended. 
hundred  and  fifteen  of  the  acts  of  the  current  year,  and 
inserting  in  place  thereof  the  following :  —  Section  2.     Appli-  Registration, 
cations  for  registration  as  qualified  physicians,  signed  and  phy'sidans. 
sworn  to  by  the  applicants,  shall  be  made  upon  blanks  fur- 
nished by  the  board  of  registration  in  medicine,  herein  and 
in  sections  three  to  twenty-three,  inclusive,  called  the  board. 
Each  applicant  who  shall  furnish  the  board  with  satisfactory 
proof  that  he  is  twenty-one  or  over  and  of  good  moral  char- 
acter, that  he  possesses  the  educational  qualifications  re- 
quired for  graduation  from  a  pubHc  high  school,  that  he  has 
completed  two  years  of  pre-medical  collegiate  work,  including 
physics,  chemistry  and  biology,  in  a  college  or  university 
approved  by  a  body  consisting  of  the  secretary  of  the  board, 
the   commissioner  of  education  and  the   commissioner  of 
public  health,  in  this  section  referred  to  as  the  approving 


576  Acts,  1939. —  Chap.  451. 

authority,  that  he  has  attended  courses  of  instruction  for 
four  years  of  not  less  than  thirty-two  school  weeks  in  each 
year,  or  courses  which  in  the  opinion  of  the  board  are  equiva- 
lent thereto,  in  one  or  more  legally  chartered  medical  schools, 
and  that  he  has  received  the  degree  of  doctor  of  medicine,  or 
its  equivalent,  from  a  legally  chartered  medical  school  having 
the  power  to  confer  degrees  in  medicine  and  approved  by  the 
approving  authority,  shall,  upon  payment  of  twenty-five  dol- 
lars, be  examined,  and  if  found  quahfied  by  the  board,  be 
registered  as  a  qualified  physician  and  entitled  to  a  certificate 
in  testimony  thereof,  signed  by  the  chairman  and  secretary. 
An  apphcant  aggrieved  by  the  refusal  of  the  approving 
authority  to  approve  a  medical  school  under  this  section 
shall  be  entitled  to  have  the  reasonableness  of  such  refusal 
reviewed  by  a  justice  of  the  superior  court,  whose  decision 
shall  be  final.  An  applicant  failing  to  pass  an  examination 
satisfactory  to  the  board  shall  be  entitled  within  one  year 
thereafter  to  a  re-examination  at  a  meeting  of  the  board 
called  for  the  examination  of  applicants,  upon  payment  of  a 
further  fee  of  three  dollars;  but  two  such  re-examinations 
shall  exhaust  his  privilege  under  his  original  application. 
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  certificate 
so  revoked,  and  register  anew  any  physician  whose  regis- 
tration 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  registration  of, 
any* physician  who  has  been  shown  at  such  hearing  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  thera- 
peutic 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  distributing  or 
causing  to  be  distributed,  any  literature  contrary  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  suspended,  by  the  board;  or 
of  aiding  and  abetting  in  any  attempt  to  secure  registration, 
either  for  himself  or  for  another,  by  fraud;  or,  in  connection 
with  his  practice,  of  defrauding  or  attempting  to  defraud  any 
person.  Except  as  otherwise  provided  herein,  the  board  may, 
at  any  time,  reissue  any  certificate  so  revoked  and  register 
anew  any  physician  whose  registration  was  canceled. 

The  approving  authority  shall,  upon  the  request  of  any 
college,  university  or  medical  school  in  this  commonwealth, 
inspect  said  college,  university  or  medical  school  and  notify 
its  trustees  or  other  governing  body  in  writing  if  said  college, 


Acts,  1939.  —  Chap.  451.  577 

university  or  medical  school  is  approved  by  the  approving 
authority  for  the  purposes  of  this  section,  or  if  not,  what 
steps  said  college,  university  or  medical  school  must  take 
in  order  to  gain  the  approval  of  the  approving  authority. 

Any  college,  university  or  medical  school  desiring  to  be 
approved  for  the  purposes  of  this  section  may  file  with  the 
approving  authority  a  written  request  for  the  approval  of 
such  college,  university  or  medical  school,  and  thereupon  a 
public  hearing  shall  be  seasonably  granted  by  the  approving 
authority  and  a  written  decision  made  by  it  within  twenty 
days  after  the  termination  of  such  hearing  and  the  appli- 
cant for  such  approval  shall  be  notified  of  such  decision. 
A  written  decision  of  the  approving  authority  refusing  to 
approve  any  college,  university  or  medical  school  shall  not 
become  effective  until  thirty  days  after  written  notice  of 
such  decision  is  given  to  the  college,  university  or  medical 
school  seeking  such  approval.  Every  such  college,  university 
or  medical  school  aggrieved  by  such  refusal  shall  have  the 
right  to  file  a  petition  in  the  superior  court  for  Suffolk  county 
to  revise  or  reverse  the  decision  of  the  approving  authority. 
Notice  of  the  entry  of  such  petition  shall  be  given  to  the 
secretary  of  the  board  of  registration  in  medicine  and  all 
proceedings  connected  therewith  shall  be  according  to  rules 
regulating  the  trial  of  civil  causes  without  juries.  The  court 
shall  hear  the  case  and  finally  determine  whether  or  not  such 
approval  shall  be  granted  or  revised. 

Upon  the  filing  of  such  a  petition  within  the  aforesaid 
period  of  thirty  days,  then  the  said  decision  of  the  approving 
authority  shall  not  become  effective  until  a  final  decree 
afliirming  said  decision  is  entered  upon  the  aforesaid  petition. 

The  board  shall  examine  an  apphcant  who  is  an  alien  only 
if  he  presents  to  it  a  certificate  from  the  court  in  which  he 
shall  have  filed  his  declaration  of  intention  to  become  a 
citizen  of  the  United  States,  or  from  the  Immigration  and 
Naturalization  Service  of  the  United  States,  showing  that 
he  has  declared  his  intention  to  become  such  a  citizen,  or  a 
copy  of  such  declaration  of  intention,  certified  by  the  clerk 
of  such  court.  In  case  the  applicant  is  subsequently  regis- 
tered, unless  he  shall  present  to  the  board,  within  five  years 
following  the  filing  of  the  certificate  or  certified  copy  herein- 
before referred  to,  his  completed  naturalization  papers  show- 
ing that  he  is  a  citizen  of  the  United  States  his  certificate  of 
registration  shall  be  revoked  and  his  registration  cancelled. 
The  foregoing  provisions  of  this  paragraph  shall  not  apply 
to  hmited  registration  under  section  nine  or  section  nine  A 
or  to  any  alien  physician  of  distinguished  merit  and  abiUty, 
duly  licensed  to  practice  his  profession  in  any  foreign  country 
wherein  the  requirements  for  the  issuance  of  such  a  license  are 
not  substantially  lower  than  those  of  this  commonwealth, 
while  he  is  temporarily  teaching  in  this  commonwealth  in 
a  medical  school  approved  by  the  approving  authority. 

Section  .38.     Section  one  of  chapter  one  hundred  and  g.  l.  (Ter. 
twenty-four  of  the  General  Laws,  as  appearing  in  the  Ter-  amended.'  ^  ^' 


578 


Acts,  1939.  —  Chap.  451. 


Parole  board. 


G.  L.  (Ter. 
Ed.),  124, 
§  6,  etc., 
amended. 


Same 
subject. 


G.  L.  (Ter. 
Ed.),  124,  §7, 
amended. 

Same 
subject. 


G.  L.  fTer. 

Ed.),  127, 

§  12S,  amended 

Same 
subject. 


G.  L.  (Ter. 

Ed.),  127, 

§  131,  amended 

Same 
subject. 


G.  L.  (Ter. 

Ed.),  127, 

§  132,  amended. 

Same 
subject. 


G.  L.  (Ter. 
Ed.),  127, 
§  133,  etc., 
amended. 

Same 
subject. 


G.  L.  (Ter. 

Ed.),  127, 

§  135,  amended. 

Same 
subject. 


G.  L.  (Ter. 

Ed.).  127. 

§  136,  amended, 


Same 
subject. 


G.  L.  (Ter. 

Ed.),  127, 

§  137,  amended. 


Same 
subject. 


G.  L.  (Ter. 
Ed.),  127. 
§  137A, 
amended. 


centenary  Edition,  is  hereby  amended  by  striking  out,  in 
the  twenty-third  line,  the  words  "board  of  parole"  and 
inserting  in  place  thereof  the  words:  —  parole  board. 

Section  39.  Section  six  of  said  chapter  one  hundred  and 
twenty-four,  as  amended  by  section  two  of  chapter  twenty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  striking  out,  in  the  last  line,  the  words 
"board  of  parole"  and  inserting  in  place  thereof  the  words: — 
parole  board. 

Section  40.  Section  seven  of  said  chapter  one  hundred 
and  twenty-four,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  striking  out,  in  the  first  line,  the  words 
"board  of  parole"  and  inserting  in  place  thereof  the  words:  — 
parole  board. 

Section  41.  Section  one  hundred  and  twenty-eight  of 
chapter  one  hundred  and  twenty-seven  of  the  General  Laws, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
third  line,  the  words  "board  of  parole"  and  inserting  in 
place  thereof  the  words:  —  parole  board. 

Section  42.  Section  one  hundred  and  thirty-one  of  said 
chapter  one  hundred  and  twenty-seven,  as  so  appearing,  is 
hereby  amended  by  striking  out,  in  the  first  Une,  the  words 
"  board  of  parole  "  and  inserting  in  place  thereof  the  words:  — 
parole  board. 

Section  43.  Section  one  hundred  and  thirty-two  of  said 
chapter  one  hundred  and  twenty-seven,  as  so  appearing,  is 
hereby  amended  by  striking  out,  in  the  third  line,  the  words 
" board  of  parole  "  and  inserting  in  place  thereof  the  words:  — 
parole  board. 

Section  44.  Section  one  hundred  and  thirty-three  of 
said  chapter  one  hundred  and  twenty-seven,  as  amended  by 
section  one  of  chapter  one  hundred  and  thirty-four  of  the 
acts  of  nineteen  hundred  arid  thirty-three,  is  hereby  further 
amended  by  striking  out,  in  the  first  line,  the  words  "board 
of  parole"  and  inserting  in  place  thereof  the  words:  —  parole 
board. 

Section  45.  Section  one  hundred  and  thirty-five  of  said 
chapter  one  hundred  and  twenty-seven,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  first  fine,  the  words  "board  of  parole"  and  inserting 
in  place  thereof  the  words :  —  parole  board. 

Section  46.  Section  one  hundred  and  thirty-six  of  said 
chapter  one  hundred  and  twenty-seven,  as  so  appearing,  is 
hereby  amended  by  striking  out,  in  the  first  line,  the  words 
"board  of  parole"  and  inserting  in  place  thereof  the  words:  — 
parole  board. 

Section  47.  Section  one  hundred  and  thirty-seven  of 
said  chapter  one  hundred  and  twenty-seven,  as  so  appearing, 
is  hereby  amended  by  striking  out,  in  the  first  line,  the  words 
"board  of  parole"  and  inserting  in  place  thereof  the  words:  — 
parole  board. 

Section  48.  Section  one  hundred  and  thirty-seven  A  of 
said  chapter  one  hundred  and  twenty-seven,  as  so  appear- 


Acts,  1939.  —  Chap.  451.  579 

ing,  is  hereby  amended  by  striking  out,  in  the  first  hne,  the  same 
words  "board  of  parole"  and  inserting  in  place  thereof  the  ^'^^''^''^• 
words :  —  parole  board. 

Section  49.     Section  one   hundred  and  thirty-eight  of  il^i^^Jf- 
said  chapter  one  hundred  and  twenty-seven,  as  so  appearing,  §i 38,  amended, 
is  hereby  amended  by  striking  out,  in  the  first  line,  the  words  same 
"board  of  parole"  and  inserting  in  place  thereof  the  words:  —  subject. 
parole  board. 

Section  50.     Section  one  hundred  and  thirty-nine  of  said  g^^.  (Ter. 
chapter  one  hundred  and  twenty-seven,  as  so  appearing,  is  §  139,  amended. 
hereby  amended  by  striking  out,  in  the  fifth  line,  the  words  same 
"board  of  parole"  and  inserting  in  place  thereof  the  words:  —  ^^bject. 
parole  board. 

Section  51.     Section  one  hundred  and  forty-nine  of  said  ^;,^"  {I^''''- 
chapter  one  hundred  and  twenty-seven,  as  so  appearing,  is  §'149,  amended. 
hereby  amended  by  striking  out,  in  the  first  line,  the  words  Same 
"board  of  parole"  and  inserting  in  place  thereof  the  words:  —  subject. 
parole  board. 

Section  52.     Section  one  hundred  and  fifty-four  of  said  g-,^  {J®''- 
chapter  one  hundred  and  twenty-seven,  as  so  appearing,  is  §154,  amended 
hereby  amended  by  striking  out,  in  the  first  and  in  the  Same 
twenty-eighth  lines,  the  words  "board  of  parole"  and  in-  ^''^'^''^■ 
serting  in  place  thereof,   in  each  instance,   the  words:  — 
parole  board. 

Section  53.     Section  one  hundred  and  fifty-four  A  of  g-^^.  (Ter. 
said  chapter  one  hundred  and  twenty-seven,  inserted  therein  §  i54Aretc., 
by  chapter  two  hundred  and  twenty-five  of  the  acts  of  nine-  ''"'®"^^'^- 
teen  hundred  and  thirty-five,  is  hereby  amended  by  striking  sublet. 
out,  in  the  fourth  line,  the  words  "board  of  parole"  and 
inserting  in  place  thereof  the  words:  —  parole  board. 

Section  54.  Section  thirty-two  of  chapter  one  hundred  J^j^  {J"- 
and  twenty-nine  of  the  General  Laws,  as  appearing  in  the  §  32,' amended. 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  fourth  line,  the  word  ",  Watertown",  —  so  as  to  read 
as  follows :  —  Section  32.  Tuberculin  as  a  diagnostic  agent  ^^g'^p"""' 
for  the  detection  of  tuberculosis  in  domestic  animals  shall 
be  used  only  upon  cattle  brought  into  the  commonwealth 
and  upon  cattle  in  quarantine  stations  at  Brighton  and 
Somerville;  but  it  may  be  used  as  such  diagnostic  agent 
on  any  animal  in  any  other  part  of  the  commonwealth,  with 
the  written  consent  of  the  owner  or  person  in  possession 
thereof,  and  upon  animals  which  have  been  reported  as 
tuberculous  upon  physical  examination  by  a  competent 
veterinary  surgeon,  and  also  as  provided  in  section  thirty- 
three  B.  Such  tests  by  the  use  of  tubercuhn  shall  be  made 
without  charge  to  citizens  of  the  commonwealth,  and  in  all 
other  cases  the  expense  of  such  tests  shall  be  paid  by  the  owner 
of  such  animals  or  by  the  person  in  possession  thereof. 

Section  55.    Section  twenty-one  of  chapter  one  hundred  Ed.V,' ill,'^" 
and  thirty-eight  of  the  General  Laws,  as  amended,  is  hereby  §  21,' etc..' 
further  amended  by  striking  out  the  paragraph  appearing  """'"''''• 
in  the  eighty-ninth  to  the  ninety-sixth  lines,  inclusive,  in 
section  thirteen  of  chapter  three  hundred  and  eighty-five  of 


580 


Acts,  1939.  —  Chap.  451. 


Abatement  of 
certain  tax 
on  liquor. 


G.  L.  (Ter. 

Ed.),  140. 

§  133,  amended. 


G.  L.  (Ter. 

Ed  )  152, 

I  74,  amended. 


Applications, 
etc.,  under 
workmen's 


the  acts  of  nineteen  hundred  and  thirty-four,  and  inserting 
in  place  thereof  the  following  paragraph :  — 

Any  licensee  aggrieved  by  the  refusal  of  the  commissioner 
to  abate,  in  whole  or  in  part,  a  tax  imposed  by  this  section, 
may  appeal  therefrom,  within  thirty  days  after  the  mailing 
of  a  notice  of  the  decision  of  the  commissioner,  by  filing  a 
petition  with  the  clerk  of  the  appellate  tax  board.  If,  on 
hearing,  said  board  finds  that  the  licensee  making  the  appeal 
was  entitled  to  an  abatement  of  the  tax  assessed,  it  shall 
make  such  abatement  as  it  sees  fit. 

Section  56.  Section  one  hundred  and  thirty-three  of 
chapter  one  hundred  and  forty  of  the  General  Laws,  as  so 
appearing,  is  hereby  amended  by  striking  out,  in  the  eighth 
line,  the  word  "fifteen"  and  inserting  in  place  thereof  the 
following :  —  fifteen  A,  —  and  by  striking  out,  in  the  ninth 
and  tenth  Hues,  the  words  "Hquor  Hcenses"  and  inserting  in 
place  thereof  the  words :  —  licenses  to  sell  alcoholic  bever- 
ages, —  so  as  to  read  as  follows:  —  Section  133.  Such  per- 
mit shall  be  signed  by  the  mayor  or  by  a  majority  of  the 
board  of  selectmen  and  by  the  city  or  town  clerk,  and  be 
recorded  in  the  office  of  said  clerk.  It  shall  name  the  person 
to  whom  it  is  granted,  and  definitely  and  clearly  describe 
the  location  and  limits  of  the  premises  to  which  it  applies, 
and  shall  remain  in  force  until  the  first  day  of  May  next 
after  its  date,  unless  sooner  forfeited  or  rendered  void. 
Notice  of  applications  for  such  permits  shall  be  pubHshed 
at  the  expense  of  the  applicant  in  the  manner  prescribed  by 
section  fifteen  A  of  chapter  one  hundred  and  thirty-eight 
relative  to  applications  for  licenses  to  sell  alcoholic  beverages. 
The  board  granting  the  permits  may  establish  fees  for  their 
issue,  not  exceeding  one  dollar  each,  to  be  paid  to  the  treas- 
urer of  the  municipality. 

Section  57.  Section  seventy-four  of  chapter  one  hundred 
and  fifty-two  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out  the  words  "said  sections",  in  the 
ninth  and  tenth  hues,  and  inserting  in  place  thereof  the 
words :  —  sections  sixty-nine  to  seventy-five,  inclusive,  —  so 
as  to  read  as  follows :  —  Section  74-  Sections  sixty-nine  to 
seventy-five,  inclusive,  shall  apply  to  all  laborers,  workmen 
and  mechanics  in  the  service  of  the  commonwealth  or  of 
such  county,  city,  town  or  district  under  any  employment 
or  contract  of  hire,  expressed  or  implied,  oral  or  written, 
including  those  employed  in  work  done  in  performance  of 
governmental  duties  as  well  as  those  employed  in  munici- 
pal enterprises  conducted  for  gain  or  profit.  Said  sections 
shall  not  apply  to  inmates  of  institutions  performing  la- 
bor under  sections  forty-eight  to  seventy-eight,  inclusive,  of 
chapter  one  hundred  and  twenty-seven.  For  the  purposes 
of  sections  sixty-nine  to  seventy-five,  inclusive,  all  labor- 
ers, workmen  and  mechanics  paid  by  the  commonwealth, 
but  serving  under  boards  or  commissions  exercising  powers 
within  defined  districts,  shall  be  deemed  to  be  in  the  service 
of  the  commonwealth. 


Acts,  1939.  —  Chap.  451.  581 

Section  58.     Section  thirty-six  of  chapter  one  hundred  ^'j^i^Jf/" 
and  sixty-seven  of  the  General  Laws,  as  so  appearing,  is  §  36,' amended. 
hereby  amended  by  striking  out,  in  the  third  Hne,  the  word 
"thirty-five"  and  inserting  in  place  thereof  the  word:  — 
thirty-five  B,  —  so  as  to  read  as  follows:  —  Section  36.     The  i'>nforopment 
supreme  judicial  court,  or  any  justice  thereof,  shall  have  [l,*";!"'""^ 
jurisdiction  in  equity  to  enforce  the  provisions  of  sections 
twenty-two  to  thirty-five  B,  inclusive,  and  to  act  upon  all 
appHcations  and  in  all  proceedings  thereunder. 

Section  59.     Section  one  of  chapter  two  hundred  and  Ed^^^^g"- 
eighteen  of  the  General  Laws,  as  most  recently  amended  by  §  i,  etc., ' 


section  one  of  chapter  eighty-seven  of  the  acts  of  nineteen  ^^'^^^^  ■ 
hundred  and  thirty-two,  is  hereby  further  amended  by  strik-  ^^onnT 
ing  out,  in  the  eighty-fourth,  eighty-fifth,  eighty-sixth  and 
eighty-seventh  fines,  as  appearing  in  the  Tercentenary  Edi- 
tion, wherever  they  appear,  the  words  ",  Enfield,  Green- 
wich and  Prescott",  —  and  by  striking  out,  in  the  one  hun- 
dred and  eighty-first  line,  as  so  appearing,  the  word 
",  Dana". 

Section  60.  Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  §^76,'|tc^,' 
seventy-six,  as  most  recently  amended  by  section  one  of  amended. 
chapter  three  hundred  and  seventy-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  and  inserting  in  place  thereof 
the  following:  —  Section  76.  The  salary  of  the  justice  of  fp^fam^ud  es 
the  Boston  juvenile  court  shall  be  five  thousand  dollars,  and 
that  of  the  clerk  of  said  court  an  amount  equal  to  seventy- 
five  per  cent  of  the  salary  of  the  justice.  The  salary  of  the 
justice  of  the  municipal  court  of  the  Charlestown  district 
and  of  the  justice  of  the  municipal  court  of  the  South  Bos- 
ton district  shall  be  forty-five  hundred  dollars.  The  salaries 
of  the  justices  of  the  following  district  courts  shall  severally 
be  as  follows:  First  district  court  of  Barnstable,  twenty- 
seven  hundred  dollars ;  second  district  court  of  Essex,  twenty- 
four  hundred  dollars;  second  district  court  of  Plymouth, 
thirty-two  hundred  dollars;  third  district  court  of  Plym- 
outh, twenty-five  hundred  dollars;  fourth  district  court  of 
Plymouth,  twenty-five  hundred  dollars;  district  court  of 
Peabody,  three  thousand  dollars;  district  court  of  eastern 
Hampshire,  twenty-one  hundred  dollars. 

Section  6L    Section  thirty-eight  of  chapter  two  hundred  ^j^^Jg*""- 
and  twenty-three  of  the  General  Laws,  as  appearing  in  the  §,38,' amended. 
Tercentenary  Edition,  is  hereby  amended  by  inserting  after 
the  word  "three"  in  the  eighth  line  the  words:  —  or  section 
three  A,  —  so  as  to  read  as  follows :  —  Section  38.     In  an  service  on 
action  against  a  foreign  corporation,  except  an  insurance  p°7afk.n°'^' 
company,  which  has  a  usual  place  of  business  in  the  com- 
monwealth, or,  with  or  without  such  usual  place  of  business, 
is  engaged  in  or  soliciting  business  in  the  commonwealth, 
permanently  or  temporarily,  service  may  be  made  in  ac- 
cordance with  the  provisions  of  the  preceding  section  rela- 
tive to  service  on  domestic  corporations  in  general,  instead 
of   upon   the   commissioner   of   corporations   and   taxation 


582  Acts,  1939.  —  Chap.  451. 

under  section  three  or  section  three  A  of  chapter  one  hundred 
and  eighty-one. 
G.  L.  (Ter.  SECTION  62.     Scction  six  of  chapter  two  hundred  and 

f  6,\mende.i.     twcnty-niue  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  first  Hne,  the  words  "or 
five"  and  inserting  in  place  thereof  the  words:  —  ,  five  or 
Count  for  five  A,  —  SO  as  to  read  as  follows:  —  Section  6.    In  any  civil 

suffering^  action  brought  under  section  three,  five  or  five  A,  damages 

may  be  recovered  under  a  separate  count  at  common  law 
for  conscious  suffering  resulting  from  the  same  injury,  but 
any  sum  so  recovered  shall  be  held  and  disposed  of  by  the 
executors  or  administrators  as  assets  of  the  estate  of  the  de- 
ceased. 
G.  L.  (Ter  SECTION  63.    Scctiou  oue  hundred  and  fifteen  of  chapter 

fiik  amended,  two  hundred  and  thirty-one  of  the  General  Laws,  as  so 
appearing,  is  hereby  amended  by  striking  out,  in  the  third 
and  fourth  lines,  the  words  "or  has  retired  under  section 
sixty-one  or  sixty-two  of  chapter  thirty-two",  —  so  as  to 
Allowance         read  as  follows:  —  Section  115.     If  a  justice  presiding  at  a 
of  exceptions.     ^^[[sX  at  which  exceptious  have  been  taken  fails,  by  reason  of 
physical  or  mental  disability,  death,  resignation  or  removal, 
to  sign  or  return  them,  or  has  been  retired  under  article 
fifty-eight  of  the  amendments  to  the  constitution  without 
having  signed  or  returned  them,  any  other  justice  of  the 
same  court  may  examine  and  allow  or  disallow  them. 
G.  L.^Ter.  Section  64.    Scctiou  oue  hundred  and  forty-five  of  chap- 

§  145,  amended,  tcr  two  hundred  and  thirty-one  of  the  General  Laws,  as  so 
appearing,  is  hereby  amended  by  striking  out,  in  the  fif- 
teenth and  sixteenth  fines,  the  words  "and  for  abatement 
of  betterment  assessments  "  and  inserting  in  place  thereof  the 
words :  —  under  chapter  seventy-nine,  to  petitions  for  abate- 
ment of  betterment  assessments  under  chapter  eighty,  and 
to  petitions  and  applications  brought  under  sections  four 
and  nine,  respectively,  of  chapter  eighty  A,  —  so  as  to  read 
Application  as  f ollows :  —  Scction  145.  Sections  six,  thirty,  thirty-one, 
sections'"  thirty-fivc,  fifty-one,  fifty-two,  sixty-one,  sixty-two,  sixty- 
three,  sixty-four,  sixty-five,  sixty-six,  sixty-seven,  sixty- 
eight,  seventy-one,  eighty-one,  eighty-three,  eighty-seven, 
eighty-nine,  one  hundred  and  eleven,  one  hundred  and 
twelve,  one  hundred  and  thirteen,  one  hundred  and  four- 
teen, one  hundred  and  fifteen,  one  hundred  and  seventeen, 
one  hundred  and  eighteen,  one  hundred  and  nineteen,  one 
hundred  and  twenty,  one  hundred  and  twenty-one,  one 
hundred  and  twenty-two,  one  hundred  and  twenty-three, 
one  hundred  and  twenty-four,  one  hundred  and  twenty- 
five,  one  hundred  and  twenty-six,  one  hundred  and  twenty- 
seven,  one  hundred  and  twenty-eight,  one  hundred  and 
twenty-nine,  one  hundred  and  thirty,  one  hundred  and 
thirty-one,  one  hundred  and  thirty-two,  one  hundred  and 
thirty-three,  one  hundred  and  thirty-four,  one  hundred 
and  thirty-five,  one  hundred  and  thirty-seven  and  one  hun- 
dred and  thirty-nine  shall  apply  to  petitions  for  damages 
by  taking  by  eminent  domain  under  chapter  seventy-nine,  to 


Acts,  1939.  —  Chap.  451.  583 

petitions  for  abatement  of  betterment  assessments  under 
chapter  eighty,  and  to  petitions  and  apphcations  brought 
under  sections  four  and  nine,  respectively,  of  chapter 
eighty  A. 

Section  65.  Section  ninety-four  of  chapter  two  hundred  ej^-^JI""" 
and  sixty-six  of  the  General  Laws,  as  so  appearing,  is  hereby  §94,' amended. 
amended  by  inserting  after  the  word  "passage",  in  the 
eleventh  hne,  the  following :  —  ,  or  wilfully,  intentionally 
and  without  right  defaces  or  otherwise  injures,  removes, 
interferes  with  or  destroys  any  traffic  regulating  sign,  Hght, 
signal,  marking  or  device  lawfully  erected  or  placed  under 
public  authority  on  any  public  way,  —  so  as  to  read  as 
follows:  —  Section  94.  Whoever  wilfully,  intentionally  and  ^^^j^j.^j°j1^^ 
without  right  breaks  down,  injures,  removes  or  destroys  a  of  boundary 
monument  erected  for  the  purpose  of  designating  the  bound-  mo^^'^ents. 
aries  of  a  town  or  of  a  tract  or  lot  of  land,  or  a  tree  which 
has  been  marked  for  that  purpose,  or  so  breaks  down,  in- 
jures, removes  or  destroys  a  milestone,  mileboard  or  guide- 
board  erected  upon  a  public  way  or  railroad,  or  wilfully, 
intentionally  and  without  right  defaces  or  alters  the  in- 
scription on  any  such  stone  or  board,  or  wilfully,  inten- 
tionally and  without  right  mars  or  defaces  a  building  or 
signboard,  or  extinguishes  a  light,  or  breaks,  destroys  or 
removes  a  lamp,  lamp  post,  railing  or  post  erected  on  a 
bridge,  sidewalk,  public  way,  court  or  passage,  or  wilfully, 
intentionally  and  without  right  defaces  or  otherwise  injures, 
removes,  interferes  with  or  destroys  any  traffic  regulating 
sign,  light,  signal,  marking  or  device  lawfully  erected  or 
placed  under  public  authority  on  any  public  way,  shall  be 
punished  by  imprisonment  for  not  more  than  six  months  or 
by  a  fine  of  not  more  than  fifty  dollars. 

Section  66.     Section  twenty-six  of  chapter  two  hundred  g.  l.  (Ter. 
and  seventy-two  of  the  General  Laws,  as  so  appearing,  is  §26,  amended. 
hereby  amended  by  striking  out,  in  the  second  line,  the  word 
"saloon"  and  inserting  in  place  thereof  the  words:  —  tavern, 
as  defined  in  section  one  of  chapter  one  hundred  and  thirty- 
eight, —  so  as  to  read  as  follows:  —  Sectioned.     Whoever,  Penalty  for 
for  the  purpose  of  immoral  solicitation  or  immoral  bargain-  cafl^etc^.*" 
ing,  shall  resort  to  any  cafe,  restaurant,  tavern,  as  defined  for  immoral 
in  section  one  of  chapter  one  hundred  and  thirty-eight,  or  ^'^^°^^^- 
other  place  where  food  or  drink  is  sold  or  served  to  be  con- 
sumed upon  the  premises,  and  whoever  shall  resort  to  any 
such  place  for  the  purpose  of,  in  any  manner,  inducing 
another  person  to  engage  in  immoral  conduct,  and  whoever, 
being  in  or  about  any  such  place,  shall  engage  in  any  such 
acts,  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
nor  more  than  five  hundred  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  both. 

Section  67.     Section  sixty-six  of  said  chapter  two  hun-  g.  l.  (Ter. 
dred  and  seventy-two,  as  so  appearing,  is  hereby  amended  ^Jg^;  ^^'ended 
by  striking  out,  in  the  eleventh  fine,  the  words  "or  work- 
house",—  so  as  to  read  as  follows: —  Section  66.    Idle  per-  vagrants. 
sons  who,  not  having  visible  means  of  support,  live  without 


584  Acts,  1939.  —  Chap.  452. 

lawful  employment;  persons  wandering  abroad  and  visiting 
tippling  shops  or  houses  of  ill  fame,  or  lodging  in  groceries, 
outhouses,  market  places,  sheds,  barns  or  in  the  open  air, 
and  not  giving  a  good  account  of  themselves ;  persons  wander- 
ing abroad  and  begging,  or  who  go  about  from  door  to  door, 
or  place  themselves  in  public  ways,  passages  or  other  public 
places  to  beg  or  receive  alms,  and  who  do  not  come  within 
the  description  of  tramps,  as  contained  in  section  sixty-three, 
shall  be  deemed  vagrants,  and  may  be  sentenced  to  the 
Massachusetts  reformatory  or  state  farm  or  shall  be  punished 
by  imprisonment  for  not  more  than  six  months  in  the  house 
of  correction.  Approved  August  10,  1939. 

ChapA52  An  Act  making  appropriations  for  the  maintenance  of 

CERTAIN  COUNTIES,  FOR  INTEREST  AND  DEBT  REQUIRE- 
MENTS, FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  AND 
GRANTING  A  COUNTY  TAX  FOR  SAID   COUNTIES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  cause 

pream  e.  substantial  iuconveniencc,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  pubHc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  counties  hereinafter  specified  for  the  years  nineteen 
hundred  and  thirty-nine  and  nineteen  hundred  and  forty. 
No  direct  drafts  against  the  account  known  as  the  reserve 
fund  shall  be  made,  but  transfers  from  this  account  to  other 
accounts  may  be  made  to  meet  extraordinary  or  unforeseen 
expenditures  upon  the  request  of  the  county  commissioners 
and  with  the  approval  of  the  director  of  accounts. 


Appropriation 

^E?fS" 

'   1939. 

1940. 

Barnstable  County. 

For  interest  oa  county  debt,  a  sum 

not  exceeding         .... 

$5,315  00 

$4,197  50 

For  reduction  of  county  debt,  a  sum 

not  exceeding         .... 

43,000  00 

43,000  00 

For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding 

22.605  00 

22,665  00 

For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding 

15,.340  00 

16,750  00 

For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding    . 

27.243  00 

28.000  00 

For  salaries  of  jailers,  masters  and  as- 

sistants,  and  support  of  prisoners 

in  jails  and  houses  of  correction,  a 

sum  not  exceeding 

38.500  00 

39.000  00 

For  criminal  costs  in  superior  court,  a 

sum  not  exceeding 

11.000  00 

11.000  00 

For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts. 

a  sum  not  exceeding 

7,000  00 

7,000  00 

For   transportation   and   expenses   of 

county   and    associate   commission- 

ers, a  sum  not  exceeding 

1,500  00 

1,500  00 

Acts,  1939.  —  Chap.  452.  585 

Appropriation         Appropriation 
Fiacal  Year  Fiscal  Year 

Item  1939.  1940. 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing        $2,000  00  82.000  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding  .  .  2,500  00  2,500  00 

14  For  repairing,  furnishing  and  improv- 

ing  county   buildings,    a   sum   not 

exceeding 12,475  00  12.475  00 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding 18,911  50  19,000  00 

16  For  highways,   including  state  high- 

ways, bridges  and  land  damages,  a 

sum  not  exceeding  .  .  44,225  00  36,975  00 

17  For  law  hbraries,  a  sum  not  exceeding  1,028  50  835  00 

18  For  training  school,  a  sum  not  exceed- 

ing         250  00  250  00 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding         ....  16.985  00  16,985  00 

20  For  sanatorium,  a  sum  not  exceeding  .  89,160  00  84,640  00 
20a  For  county  health  service,  a  sum  not 

exceeding 10,780  00  10,810  00 

21  For  state  fire  patrol,  a  sum  not  exceed- 

ing         1,750  00  1,750  00 

22a  For  contributory  retirement  system, 

a  sum  not  exceeding       .  .  .  9,522  00  11,216  00 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding   ,  .  2,685  00  4,185  00 

23a  For  unpaid  bills  of  previous  years,  a 

sum  not  exceeding  ...  500  00  500  00 

23b  For  a  police  training  school,  a  sum  not 

exceeding 500  00  1,500  00 

23d  For  a  pohce  radio  station,  a  sum  not 

exceeding 6,940  00  6,940  00 

23e  For  advertising  the  recreational  ad- 
vantages of  the  county,  a  sum  not 
exceeding 5,000  00  5.000  00 

23f  For  the  purchase  of  apparatus  to  be 
used  within  the  county  in  prevent- 
ing and  extinguishing  forest  fires, 
as  authorized  by  chapter  three  hun- 
dred and  forty-nine  of  the  acts  of 
the  current  year,  a  sum  not  exceed- 
ing         -  5,000  00 

24  For  reserve  fund,  a  sum  not  exceeding  7,500  00  7,500  00 
And    the    county    commissioners    of 

Barnstable  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  current  year, 
in  the  manner  provided  by  law.  the 
following  sum  to  be  expended  to- 
gether with  the  cash  balance  on 
hand  and  the  receipts  from  other 

sources,  for  the  above  purposes  $294,710  36  - 

And  the  county  commissioners  of 
Barnstable  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  year  nineteen 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commis- 
sioners on  or  before  April  first  in 
said  year   by   the  director   of   ac- 


586  Acts,  1939.  —  Chap.  452. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

counts.  In  so  certifying  said  di- 
rector shall  set  forth  (1)  the  amount 
of  the  net  unappropriated  cash  bal- 
ance in  the  treasury  of  said  county 
as  of  January  first,  nineteen  hundred 
and  forty,  (2)  the  amount  of  the 
estimated  receipts  of  said  county  for 
said  year,  and  (3)  a  sum,  which 
shall  constitute  the  county  tax,  and 
which  shall  be  the  difference  between 
the  sum  of  the  two  foregoing  items 
and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore 
appropriated  for  said  county. 

Berkshire  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $200  00  $200  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        ....  2,500  00 

3  For  salaries  of  county  oflBcers  and  as- 

sistants, a  sum  not  exceeding  .  .  29,760  00  29.760  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding      .  .  .  13,560  00  13,080  00 

4a  For  searching,  abstracting  and  index- 
ing old  highway  and  railroad  records, 
a  sum  not  exceeding      .  .  .  500  00  - 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  45,000  00  45,000  00 

6  For  salaries  of  jailers,  masters  and  as- 

sistants and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        ....  43,896  00  42,320  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding  .  .  .  10,500  00  10,500  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding  .  .  .  10,500  00  10,500  00 

10  For   transportation   and   expenses  of 

county  and  associate  commission- 
ers, a  sum  not  exceeding         .  .  1,500  00  1,500  00 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceeding  5,000  00  5,000  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding  .  .  .  2,500  00  2,500  00 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding          4,000  00  5,000  00 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding 19,000  00  19,000  00 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 

sum  not  exceeding  .  .  .  56,700  00  47,000  00 

16a  For  examination  of  dams,  a  sum  not 

exceeding 1,000  00  500  00 

16c  For  Notch  and  Rockwell  roads,  a  sum 

not  exceeding        ....  1,000  00 

17  For  law  libraries,  a  sum  not  exceeding  3,000  00  3,000  00 

18  For  the  training  school,  a  sum  not  ex- 

ceeding           1,000  00  1,000  00 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        ....  10,000  00  10,000  GO 


Appropriation 

Fiscal  Year 

1939. 

Appropriation 
1940. 

$12,500  00 

$12,500  00 

10,000  00 

10.000  00 

2,040  00 

2,040  00 

1.800  00 

1,800  00 

7,500  00 

7,700  00 

Acts,  1939.  —  Chap.  452.  587 


Item 

20  For  sanatorium  (Hampshire  County), 

a  sum  not  exceeding     . 

21  For  care  and  maintenance  of  Greylock 

state  reservation,  a  sum  not  exceed- 
ing      ...... 

21a  For  care  and  maintenance  of  Mount 
Everett  state  reservation,  a  sum  not 
exceeding     ..... 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  contributory  retirement  system,  a 
sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  .  .  2,500  00  2,000  00 

23a  For  unpaid  bills  of  previous  years,  a 

sum  not  exceeding  ...  500  00  500  00 

23b  For  W.  P.  A.  projects,  a  sum  not  ex- 
ceeding           2,500  00  2,000  00 

23c  For  advertising  the  recreational  ad- 
vantages of  the  county,  a  sum  not 
exceeding 5,000  00  5,000  00 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing        4,000  00  4,000  00 

And  the  county  commissioners  of 
Berkshire  county  are  hereby  au- 
thorized to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in 
the  manner  provided  by  law,  the  fol- 
lowing sum  to  be  expended  together 
with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for 
the  above  purposes        .  .  .        $244,778  94 

And  the  county  commissioners  of 
Berkshire  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  year  nineteen 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commission- 
ers on  or  before  April  first  in  said 
year  by  the  director  of  accounts.  In 
so  certifying  said  director  shall  set 
forth  (1)  the  amount  of  the  net 
unappropriated  cash  balance  in  the 
treasury  of  said  county  as  of  Janu- 
ary first,  nineteen  hundred  and  forty, 
(2)  the  amount  of  the  estimated 
receipts  of  said  county  for  said  year, 
and  (3)  a  sum,  which  shall  constitute 
the  county  tax,  and  which  shall  be 
the  difference  between  the  sum  of 
the  two  foregoing  items  and  the 
total  amount  of  the  authorized 
expenditures  hereinbefore  appro- 
priated for  said  county. 


Bristol  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $5,000  00  $5,000  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        ....  53,250  00  42,000  00 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  48,500  00  48,500  00 


Appropriation 
1939. 

Appropriation 

Fiscal  Year 

1940. 

$48,000  00 

$49,500  00 

121,000  00 

121,000  00 

77,000  00 

77.000  00 

85,000  00 

55,000  00 

41,500  00 

41,500  00 

588  Acts,  1939.  —  Chap.  452. 


Item 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  . 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        .... 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 
sum  not  exceeding 

10  For   transportation   and   expenses  of 

county  and  associate  commission- 
ers, a  sum  not  exceeding         .  .  1,500  00  1,500  00 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceeding  18,000  00  18,000  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding  .  .  .  9,000  00  9,000  00 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding          23,000  00  20,000  00 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding 56,000  00  54,000  00 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 

sum  not  exceeding  .  .  .  27,352  08  30,000  00 

17  For  law  libraries,  a  sum  not  exceeding  9,000  00  9,000  00 

18  For  the  training  school,  a  sum  not  ex- 

ceeding        ....  4,000  00  4,000  00 

19  For  the  agricultural  school,  a  sum  not 

exceeding 114,580  00  108,910  00 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        ....  11,739  87  11,739  87 

22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding       .  .  19,459  00  20,586  00 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  .  .  6,500  00  6,500  00 

23a  For  unpaid  bills  of  previous  years,  a 

sum  not  exceeding  .  .  20,588  46  500  00 

23b  For  the  payment  of  claims  authorized 

by  chapters  one  hundred  and  fifty 

and  three  hundred  and  ninety  of 

the  acts  of  the  current  year,  a  sum 

not  exceeding        ....  791  64  - 

24  For  reserve  fund,  a  sum  not  exceeding  10,000  00  10,000  00 
And  the  county  commissioners  of  Bris- 
tol county  are  hereby  authorized  to 

levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner 
provided  by  law,  the  following  sum 
to  be  expended  together  with  the 
cash  balance  on  hand  and  the  re- 
ceipts from  other  sources,  for  the 
above  purposes  ....  $671,591  66 
And  the  county  commissioners  of 
Bristol  county  are  hereby  authorized 
to  levy  as  the  county  tax  of  said 
county  for  the  year  nineteen  hun- 
dred and  forty,  in  the  manner  pro- 
vided by  law,  such  sum  as  is  certi- 
fied to  said  county  commissioners 


Acts,  1939.  —  Chap.  452.  589 


Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

[tern  1939.  1940. 

on  or  before  April  first  in  said  year 
by  the  director  of  accounts.  In  so 
certifying  said  director  shall  set 
forth  (1)  the  amount  of  the  net  un- 
appropriated cash  balance  in  the 
treasury  of  said  county  as  of  Janu- 
ary first,  nineteen  hundred  and 
forty,  (2)  the  amount  of  the  esti- 
mated receipts  of  said  county  for 
said  year,  and  (3)  a  sum,  which  shall 
constitute  the  county  tax,  and  which 
shall  be  the  difference  between  the 
sum  of  the  two  foregoing  items  and 
the  total  amount  of  the  authorized 
expenditures  hereinbefore  appro- 
priated for  said  county. 

Dukes  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $900  00  $1,000  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        ....  9,000  00  13,000  00 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  6,600  00  6,600  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding       .  .  .  2,000  00  2,000  00 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  6,150  00  6,500  00 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        ....  2.400  00  2,400  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding  .  .  .  2,000  00  2,000  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding  .  .  .  1,000  00  1,000  00 

10  For   transportation   and   expenses  of 

coimty  and  associate  commission- 
ers, a  sum  not  exceeding       .  .  400  00  400  00 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceeding  500  00  500  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding  .  .  .  100  00  100  00 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding           1,200  00  1,200  00 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding 3,700  00  3,700  00 

16  For  highways,   including  state  high- 

ways, bridges  and  land  damages,  a 

sum  not  exceeding  .  .  .  8,500  00  6,000  00 

17  For  law  library,  a  sum  not  exceeding  .  300  00  300  00 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        ....  1,100  00  1,100  00 

20  For     the      sanatorium      (Barnstable 

County),  a  sum  not  exceeding         .  6,000  00  6,000  00 

21  For  the  Gay  Head  reservation,  a  sum 

not  exceeding        .  .  .  .  150  00  150  00 

22a  For  contributory  retirement  system, 

a  sum  not  exceeding       .  .  .  500  00  1,000  00 

23  For  miscellaneous  and  contingent  ex- 
penses, a  sum  not  exceeding  .  .  500  00  500  00 


590  Acts,  1939.  —  Chap.  452. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

23a  For  unpaid  bills  of  previous  years,  a 

sum  not  exceeding         .          .          .  $400  00  $400  00 

,23b  For  advertising  the  recreational  ad- 
vantages of  the  county,  a  sum  not 
exceeding 1,000  00  1,000  00 

24  For  a  reserve  fund,  a  sum  not  exceed- 
ing         500  00  1,000  00 

And  the  county  commissioners  of 
Dukes  county  are  hereby  authorized 
to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the 
manner  provided  by  law,  the  fol- 
lowing sum  to  be  expended  together 
with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for 

the  above  purposes         .  .  .  $45,524  37  - 

And  the  county  commissioners  of 
Dukes  county  are  hereby  authorized 
to  levy  as  the  county  tax  of  said 
county  for  the  year  nineteen  hun- 
dred and  forty,  in  the  manner  pro- 
vided by  law,  such  sum  as  is  certified 
to  said  county  commissioners  on  or 
before  April  first  in  said  year  by  the 
director  of  accounts.  In  so  certi- 
fying said  director  shall  set  forth  (1) 
the  amount  of  the  net  unappro- 
priated cash  balance  in  the  treasury 
of  said  county  as  of  January  first, 
nineteen  hundred  and  forty,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a 
sum,  which  shall  constitute  the 
county  tax,  and  which  shall  be  the 
difference  between  the  sum  of  the 
two  foregoing  items  and  the  total 
amount  of  the  authorized  expendi- 
tures hereinbefore  appropriated  for 
said  county. 

Essex  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $1,200  00  $1,500  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        ....  60,000  00  49,500  00 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  65,500  00  65,500  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding       .  .  .  107,200  00  107,200  00 

5  For  srlaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  202,200  00  203,000  00 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        ....  82,100  00  82,100  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding  .  .  .  67,000  00  67,000  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding  .  .  .  78,000  00  78,000  00 

9  For  trial  justices,  a  sum  not  exceeding  5,000  00  5,000  00 
10     For  transportation   and   expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding         .  .  2,000  00  2,000  00 


Acts,  1939.  —  Chap.  452.  591 


Item 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceeding 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding 

13  For  building  county  buildings  and  pur- 

chase of  land,  a  sum  not  exceeding  . 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding        ..... 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding     ..... 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 

17  For  law  libraries,  a  sum  not  exceeding 

18  For  the  training  school,  a  sum  not  ex- 

ceeding        ..... 

19  For  the  agricultural  school,  a  sum  not 

exceeding     ..... 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  contributory  retirement  system,  a 
sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  . 
23a  For  unpaid  bills  of  pre\-ious  years,  a 
sum  not  exceeding 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing        

And  the  county  commissioners  of 
Essex  coimty  are  hereby  authorized 
to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the 
manner  provided  by  law,  the  follow- 
ing sum  to  be  expended  together 
with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for 
the  above  purposes       .  $941,650  00 

And  the  county  commissioners  of 
Essex  county  are  hereby  authorized 
to  levy  as  the  county  tax  of  said 
county  for  the  year  nineteen  hun- 
dred and  forty,  in  the  manner  pro- 
vided by  law,  such  sum  as  is  certified 
to  said  county  commissioners  on  or 
before  April  first  in  said  year  by  the 
director  of  accounts.  In  so  certi- 
fying said  director  shall  set  forth  (1) 
the  amount  of  the  net  unappro- 
priated cash  balance  in  the  treasury 
of  said  county  as  of  January  first, 
nineteen  hundred  and  forty,  (2)  the 
amount  of  the  estimated  receipts 
of  said  county  for  said  year,  and  (3) 
a  sum,  which  shall  constitute  the 
county  tax,  and  which  shall  be  the 
difference  between  the  sum  of  the 
two  foregoing  items  and  the  total 
amount  of  the  authorized  expendi- 
tures hereinbefore  appropriated  for 
said  county. 


Appropriation 
1939. 

1940. 

$16,500  00 

$16,500  00 

25,000  00 

24.000  00 

1,200  00 

- 

29.050  00 

20.000  00 

79,200  00 

77,750  00 

202,600  00 
11,800  00 

193,500  00 
11,800  00 

48.800  00 

48,800  00 

166,300  00 

167,600  00 

5,625  00 

5.625  00 

37.456  72 

39,000  00 

6,500  00 

6.500  00 

2,000  00 

2.000  00 

10.000  00 

10,000  00 

592  Acts,  1939.  —  Chap.  452. 


Franklin  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding     ..... 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        .... 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding 

4  For     clerical     assistance     in     county 

offices,  a  sum  not  exceeding  . 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  . 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        .... 

7  For  criminal  costs  in  superior  court, 

a  sum  not  exceeding 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts, 
a  sum  not  exceeding     . 

10  For   transportation   and   expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing        

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding        ..... 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding     ..... 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 
16a  For  examination  of  dams,  a  sum  not 
exceeding     ..... 

17  For  law  libraries,  a  sum  not  exceeding 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        .... 

20  For     the      sanatorium      (Hampshire 

County),  a  sum  not  exceeding 
20a  For  the  Greenfield  health  camp  (chap- 
ter 354,  Acts  of  1928),  a  sum  not 
exceeding     ..... 

21  For  the  Mount  Sugar  Loaf  state  reser- 

vation, a  sum  not  exceeding  . 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  . 
23a  For  unpaid  bills  of  previous  years,  a 
sum  not  exceeding 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing      .  .  .  . 

And  the  county  commissioners  of 
Franklin  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  current  year. 


Appropriation 

Fiscal  Year 

1939. 

Appropriation 

Fiscal  Year 

1940. 

$10,194  75 

$9,262  50 

25,000  00 

25,000  00 

18,820  00 

18,820  00 

7,500  00 

7,620  00 

17,200  00 

17,200  00 

23,580  00 

23,580  00 

10,000  00 

10,000  00 

10,000  00 

8,000  00 

1,800  00 

1,800  00 

1,000  00 

1,000  00 

2,000  00 

1,500  00 

13,000  00 

13.000  00 

18,000  00 

23.000  00 

1,000  00 
2,800  00 

500  00 
2.800  00 

9.575  00 

9,575  00 

5,302  45 

5,500  00 

2,000  00 

2,000  00 

2.200  00 

1,750  00 

870  00 

870  00 

- 

5,000  00 

1,450  00 

1.350  00 

500  00 

500  00 

5.000  00 

5,000  00 

Acts,  1939.  —  Chap.  452.  593 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

in  the  manner  provided  by  law,  the 
following  sum  to  be  expended  to- 
gether with  the  cash  balance  on 
hand  and  the  receipts  from  other 

sources,  for  the  above  purposes        .        $157,135  06  - 

And  the  county  commissioners  of 
Franklin  county  are  hereby  author- 
ized to  levy  as  the  county  tax  of  said 
county  for  the  year  nineteen  hun- 
dred and  forty,  in  the  manner  pro- 
vided by  law,  such  sum  as  is  certified 
to  said  county  commissioners  on  or 
before  April  first  in  said  year  by  the 
director  of  accounts.  In  so  certi- 
fying said  director  shall  set  forth  (1) 
the  amount  of  the  net  unappro- 
priated cash  balance  in  the  treasury 
of  said  county  as  of  January  first, 
nineteen  hundred  and  forty,  (2)  the 
amount  of  the  estimated  receipts 
of  said  county  for  said  year,  and  (3) 
a  sum,  which  shall  constitute  the 
county  tax,  and  which  shall  be  the 
difference  between  the  sum  of  the 
two  foregoing  items  and  the  total 
amount  of  the  authorized  expendi- 
tures hereinbefore  appropriated  for 
said  county. 

Hampden  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $35,000  00  $31,000  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        ....  131,00000  123,00000 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  50,000  00  50,000  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding       .  .  .  50,000  00  50,000  00 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  120,000  00  120.000  00 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding         .  .  .  82,000  00  82,000  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding         .  .  25,000  00  25,000  00 

8  For  civil  expenses  in  supreme  judicia;!, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding  .  .  .  50,000  00  50,000  00 

9  For  trial  justices,  a  sum  not  exceeding  2,000  00  2,000  00 

10  For   transportation   and   expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding         .  .  1,000  00  1,000  00 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceeding  13,000  00  13,000  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding  .  .  .  27,000  00  27,000  00 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding          12,000  00  12,000  00 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding 60,000  00  68,000  GO 


594  Acts,  1939.  —  Chap.  452. 


Appropriation 

Fiscal  Year 

1939. 

Appropriation 

Fiscal  Year 

1940. 

$39,100  00 

847,100  00 

3,000  00 
9,500  00 

3,000  00 
9.500  00 

32,000  00 

28,000  00 

47,500  00 

47.500  00 

3,000  00 

3,000  00 

12,656  62 

12.656  62 

10,000  00 

9,300  00 

17.000  00 

17,000  00 

5,626  46 

5,000  00 

1,000  00 

1,000  00 

Item 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 
16a  For  examination  of  dams,  a  sum  not 
exceeding     ..... 

17  For  law  libraries,  a  sum  not  exceeding 

18  For  the  training  school,  a  sum  not  ex- 

ceeding        ..... 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        .... 
20a  For  the  preventorium,  a  sum  not  ex- 
ceeding        ..... 

21  For  the  Mount  Tom  state  reservation, 

a  sum  not  exceeding 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding   . 

23a  For  unpaid  bills  of  previous  years,  a 
sum  not  exceeding 

23c  For  advertising  the  recreational  ad- 
vantages of  the  county,  a  sum  not 
exceeding -  2,500  00 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing        10,000  00  10,000  00 

And  the  county  commissioners  of 
Hampden  county  are  hereby  author- 
ized to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the 
manner  provided  by  law,  the  follow- 
ing sum  to  be  expended  together 
with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for 
the  above  purposes         .  .  •        $660,600  00  - 

And  the  county  commissioners  of 
Hampden  county  are  hereby  au- 
thorized to  levy  as  the  county  tax  of 
said  county  for  the  year  nineteen 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commis- 
sioners on  or  before  April  first  in  said 
year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall 
set  forth  (1)  the  amount  of  the  net 
unappropriated  cash  balance  in  the 
treasury  of  said  county  as  of  Janu- 
ary first,  nineteen  hundred  and  forty, 
(2)  the  amount  of  the  estimated  re- 
ceipts of  said  county  for  said  year, 
and  (3)  a  sum.  which  shall  constitute 
the  county  tax,  and  which  shall  be 
the  difference  between  the  sum  of 
the  two  foregoing  items  and  the 
total  amount  of  the  authorized  ex- 
penditures hereinbefore  appropri- 
ated for  said  county. 


Acts,  1939.  —  Chap.  452.  595 


Appropriation        Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 


Hampshire  Courtly. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding     ..... 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        .... 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  . 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        .... 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding 

8  For  c\v\\  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts, 
a  sum  not  exceeding 

10  For   transportation   and   expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing        

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding        ..... 

15  For  care,  fuel,  lights  and  suppHes  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding     ..... 

16  For  highways,   including  state  high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 
16a  For  examination  of  dams,  a  sum  not 
exceeding     ..... 

17  For  law  libraries,  a  sum  not  exceeding 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        .... 

20  For  the  sanatorium,  a  sum  not  exceed- 

ing        

20a  For  the  preventorium,  a  sum  not  ex- 
ceeding        ..... 

21  For  state  reservations,  a  sum  not  ex- 

ceeding        ..... 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  . 

23a  For  unpaid  bills  of  previous  years,  a 
sum  not  exceeding 

23c  For  advertising  the  recreational  ad- 
vantages of  the  county,  a  sum  not 
exceeding     ..... 

24  For  a  reserve  fimd,  a  sum  not  exceed- 

ing     ...... 


$1,500  00 

$750  00 

24.500  00 

24,500  00 

21,000  00 

22,000  00 

11,500  00 

11,500  00 

27,500  00 

27,500  00 

26,500  00 

27,000  00 

13,000  00 

14,000  00 

11,000  00 

14,000  00 

800  00 

800  00 

3,200  00 

3.200  00 

3,000  00 

3,000  00 

17,100  00 

4,000  00 

14,500  00 

15.500  00 

35.000  00 

38.000  00 

500  00 
1,500  00 

800  00 
1,500  00 

18,500  00 

16,500  00 

27,000  00 

28,000  00 

2,000  00 

2,000  00 

2,225  00 

2,225  00 

2,615  00 

2,615  00 

8,250  00 

8,500  00 

4,500  00 

4.500  00 

250  42 

200  00 

- 

2.500  00 

4,500  00 

5.500  00 

596  Acts,  1939.  —  Chap.  452. 

Appropriation        Appropriation 
T^  Fiscal  Year  Fiscal  Year 

"^™     ^      ,       ^  1939.  1.940. 

And  the  county  commissioners  of 
Hampshire  county  are  hereby  au- 
thorized to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in 
the  manner  provided  by  law,  the 
following  sum  to  be  expended  to- 
gether with  the  cash  Ijalance  on 
hand  and  the  receipts  from  other 
sources,  for  the  above  purposes  .  $183,658  62 
And  the  county  commissioners  of 
Hampshire  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  year  nineteen  ■ 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commis- 
sioners on  or  before  April  first  in  said 
year  by  the  director  of  accounts.  In 
so  certifying  said  director  shall  set 
forth  (1)  the  amount  of  the  net 
unappropriated  cash  balance  in  the 
treasury  of  said  county  as  of  Jan- 
uary first,  nineteen  hundred  and 
forty,  (2)  the  amount  of  the  esti- 
mated receipts  of  said  county  for 
said  year,  and  (3)  a  sum,  which  shall 
constitute  the  county  tax,  and  which 
shall  be  the  difference  between  the 
sum  of  the  two  foregoing  items  and 
the  total  amount  of  the  authorized 
expenditures  hereinbefore  appro- 
priated for  said  county. 

Middlesex  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $27,000  00  $24,000  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        ....  296,000  00  283,000  00 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  81,200  00  81,750  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding       .  .  .  240,000  00  245,000  00 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  372,500  00  375,000  00 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        ....  262,500  00  264,000  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding  .  .  .  190,000  00  190,000  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding  .  .  .  155,000  00  155,000  00 

i.9     For  trial  justices,  a  sum  not  exceeding  900  00  900  00 

10  For   transportation   and    expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding         .  .  1,200  00  1,200  00 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing        35,000  00  35,000  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding          .          .          .  40.000  00  40,000  00 
14     For  repairing,  furnishing  and  improv- 
ing county  buildings,  a  sum  not  ex- 
ceeding          50,000  00           50.000  00 


1939. 

1940. 

$120,000  00 

$120,000  00 

112,000  00 
12,000  00 

138,000  00 
12.000  00 

78,000  00 

78.000  00 

43,000  00 

43.000  00 

15.000  00 

15,000  00 

23,000  00 

24,000  00 

72,000  00 

85,000  00 

8.000  00 

8,000  00 

3,500  00 

3,500  00 

12.000  00 

12.000  00 

Acts,  1939.  —  Chap.  452.  597 


Item 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding     ..... 

16  For  highways,   including  state  high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 

17  For  law  libraries,  a  sum  not  exceeding 

18  For  the  training  school,  a  sum  not  ex- 

ceeding        ..... 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        .... 

21  For  Walden  Pond  state  reservation,  a 

sum  not  exceeding 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  . 
23a  For  unpaid  bills  of  previous  years,  a 
sum  not  exceeding 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing        

And  the  county  commissioners  of 
Middlesex  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the 
following  sum  to  be  expended  to- 
gether with  the  cash  balance  on 
hand  and  the  receipts  from  other 
sources,  for  the  above  purposes       .     $1,806,989  40 

And  the  county  commissioners  of 
Middlesex  county  are  hereby  au- 
thorized to  levy  as  the  county  tax  of 
said  county  for  the  year  nineteen 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commis- 
sioners on  or  before  April  first  in 
said  year  by  the  director  of  ac- 
counts. In  so  certifying  said  di- 
rector shall  set  forth  (1)  the  amount 
of  the  net  unappropriated  cash  bal- 
ance in  the  treasury  of  said  county 
as  of  January  first,  nineteen  hun- 
dred and  forty,  (2)  the  amount  of 
the  estimated  receipts  of  said  county 
for  said  year,  and  (3)  a  sum,  which 
shall  constitute  the  county  tax,  and 
which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbe- 
fore appropriated  for  said  county. 

Norfolk  County. 

1  For  interest  on  county  debt,  a  sum 

not  exceeding        ....  $2,800  00  $3,800  00 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding  .  61,544  12  61,544  12 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  37,000  00  37,000  00 


598  Acts,  1939.  —  Chap.  452. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                               1939.  1940. 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding       .  .  .  $77,000  00  $78,000  00 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  140,000  00  140,000  00 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        ....  77,000  00  78,000  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding  .  .  .  55,000  00  55,000  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding  .  .  .  40,000  00  40,000  00 

10  For   transportation   and   expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding       .  .  1,000  00  1,000  00 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing        13,000  00  13,000  00 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding  .  .  .  7,500  00  7,500  00 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding          22,000  00  22,000  00 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding 75,000  00  75,000  00 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 

sum  not  exceeding  .  .  .  47,000  00  52,000  00 

17  For  law  libraries,  a  sum  not  exceeding  2,000  00  2,000  00 

18  For  the  training  school,  a  sum  not  ex- 

ceeding           8,000  00  8,000  00 

19  For  the  agricultural  school,  a  sum  not 

exceeding 96,000  00  98,000  00 

22  For  non-contributory  pensions,  a  sura 

not  exceeding        ....  10,400  00  10,400  00 

22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding       .  .  26,600  00  29,600  00 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  .  .  5,000  00  5,000  00 

23a  For  unpaid  bills  of  previous  years,  a 

sura  not  exceeding  .  .  .  4,500  00  2,500  00 

24  For  a  reserve  fund,  a  sura  not  exceed- 

ing        10,000  00  10,000  00 

And  the  county  commissioners  of  Nor- 
folk county  are  hereby  authorized 
to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the 
manner  provided  by  law,  the  fol- 
lowing sum  to  be  expended  together 
with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for 
the  above  purposes        .  .  $577,058  11 

And  the  county  commissioners  of  Nor- 
folk county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and 
forty,  in  the  manner  provided  by 
law,  such  sum  as  is  certified  to  said 
county  commissioners  on  or  before 
April  first  in  said  year  by  the  di- 
rector of  accounts.    In  so  certifying 


Acts,  1939.  —  Chap.  452. 


ippropnatioi 

Fiscal  Year 

1940. 


said  director  shall  set  forth  (1)  the 
amount  of  the  net  unappropriated 
cash  balance  in  the  treasury  of  said 
county  as  of  January  first,  nineteen 
hundred  and  forty,  (2)  the  anaount 
of  the  estimated  receipts  of  said 
county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county 
tax,  and  which  shall  be  the  dif- 
ference between  the  sum  of  the 
two  foregoing  items  and  the  total 
amount  of  the  authorized  expendi- 
tures hereinbefore  appropriated  for 
said  county. 


Plymouth  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding     ..... 

2  For  reduction  of  county  debt,  a  sum 

not  exceeding        .... 

3  For  salaries  of  county  oflBcers  and  as- 

sistants, a  sum  not  exceeding 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  . 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        .... 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 
sum  not  exceeding 

10  For   transportation   and   expenses   of 

county  and  associate  commission- 
ers, a  sum  not  exceeding 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing      ...... 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not  ex- 
ceeding        ..... 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding     ..... 

16  For  highways,  including  state  high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 
16a  For  examination  of  dams,  a  sum  not 
exceeding     ..... 

17  For  law  libraries,  a  sum  not  exceeding 

18  For  training  school,  a  sum  not  exceed- 

ing      ...... 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        .... 

22     For  non-contributory  pensions,  a  sum 

not  exceeding        .... 


$9,300  00 

$8,270  00 

37,950  00 

38,000  00 

29,300  00 

30,000  00 

28,000  00 

28,000  00 

74,000  00 

74,000  00 

94.000  00 

94,000  00 

40,000  00 

40,000  00 

24,000  00 

24,000  00 

2,000  00 

2,000  00 

6,000  00 

6,000  00 

6,500  00 

6.500  00 

12,759  00 

8.000  GO 

27,000  00 

26.000  00 

78,778  00 

83,372  GO 

1,000  00 
3,000  00 

500  00 
3,000  00 

3,500  00 

3,000  00 

24.000  00 

24,000  00 

3,700  00 

3.700  00 

Appropriatinn 

Fi^calYear 

1939. 

Appropriation 

Fiscal  Year 

1940. 

$11,800  00 

$12,000  00 

4,485  00 

5,015  00 

500  GO 

500  00 

5,000  00 

5,000  00 

600  Acts,  1939.  —  Chap.  452. 


Item 

22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding  . 
23a  For  unpaid  bills  of  previous  years,  a 
sum  not  exceeding 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing      .  .  .  .  . 

And  the  county  commissioners  of 
Plymouth  county  are  hereby  au- 
thorized to  levy  as  the  county  tax  of 
said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the 
following  sum  to  be  expended  to- 
gether with  the  cash  balance  on 
hand  and  the  receipts  from  other 
sources,  for  the  above  purposes       .        $409,912  00  - 

And  the  county  commissioners  of 
Plymouth  county  are  hereby  au- 
thorized to  levy  as  the  county  tax  of 
said  county  for  the  year  nineteen 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commis- 
sioners on  or  before  April  first  in 
said  year  by  the  director  of  ac- 
counts. In  so  certifying  said  di- 
rector shall  set  forth  (1)  the  amount 
of  the  net  unappropriated  cash 
balance  in  the  treasury  of  said 
county  as  of  January  first,  nineteen 
hundred  and  forty,  (2)  the  amount 
of  the  estimated  receipts  of  said 
county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county 
tax,  and  which  shall  be  the  differ- 
ence between  the  sum  of  the  two 
foregoing  items  and  the  total 
amount  of  the  authorized  expendi- 
tures hereinbefore  appropriated  for 
said  county. 

Worcester  County. 

1     For  interest  on  county  debt,  a  sum  not 

exceeding $1,000  00  $1,500  00 

3  For  salaries  of  county  officers  and  as- 

sistants, a  sum  not  exceeding         .  61,580  00  61,790  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding       .  .  .  83,420  00  84,000  GO 

5  For  salaries  and  expenses  of  district 

courts,  a  sum  not  exceeding  .  .  175,000  GO  175,300  GO 

6  For  salaries  of  jailers,  masters  and  as- 

sistants, and  support  of  prisoners  in 
jails  and  houses  of  correction,  a  sum 
not  exceeding        ....  104,000  00  104,000  00 

7  For  criminal  costs  in  superior  court,  a 

sum  not  exceeding  .  .  .  70,000  GO  70,000  GO 

8  For  civil  expenses  in  supreme  judicial, 

superior,  probate  and  land  courts,  a 

sum  not  exceeding          .          .          .  75,000  00            75,000  GO 

9  For  trial  justices,  a  sum  not  exceeding  1, GOO  00              1,000  00 
10     For   transportation   and   expenses  of 

county  and  associate  commission- 
ers, a  sum  not  exceeding  .  2,500  OG  2,500  GO 


Acts,  1939.  —  Chap.  452.  601 


Item 

11  For  medical  examiners  and  commit- 

ments of  insane,  a  sum  not  exceed- 
ing      ...... 

12  For  auditors,  masters  and  referees,  a 

sum  not  exceeding 

13  For  building  county  buildings  and  pur- 

chase of  land,  a  sum  not  exceeding  . 

14  For  repairing,  furnishing  and  improv- 

ing county  buildings,  a  sum  not 
exceeding     ..... 

15  For  care,  fuel,  lights  and  supplies  in 

county  buildings,  other  than  jails 
and  houses  of  correction,  a  sum  not 
exceeding     ..... 

16  For   highways,   including   state   high- 

ways, bridges  and  land  damages,  a 
sum  not  exceeding 

17  For  law  libraries,  a  sum  not  exceeding 

18  For  the  training  school,  a  sum  not  ex- 

ceeding        ..... 

19  For  county  aid  to  agriculture,  a  sum 

not  exceeding        .... 
20a  For  the  preventorium,  a  sum  not  ex- 
ceeding        ..... 

21  For  care  and  maintenance  of  the  Wa- 

chusett  Mountain  state  reservation, 
a  sum  not  exceeding 
21a  For  care  and  maintenance  of  the  Pur- 
gatory Chasm  state  reservation,  a 
sum  not  exceeding 

22  For  non-contributory  pensions,  a  sum 

not  exceeding        .... 
22a  For  the  contributory  retirement  sys- 
tem, a  sum  not  exceeding 

23  For  miscellaneous  and  contingent  ex- 

penses, a  sum  not  exceeding   . 
23a  For  unpaid  bills  of  previous  years,  a 
sum  not  exceeding 

24  For  a  reserve  fund,  a  sum  not  exceed- 

ing        

And  the  county  commissioners  of 
Worcester  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the 
following  sum  to  be  expended  to- 
gether with  the  cash  balance  on 
hand  and  the  receipts  from  other 
sources,  for  the  above  purposes       .        $940,491  54 

And  the  county  commissioners  of 
Worcester  county  are  hereby  au- 
thorized to  levy  as  the  county  tax 
of  said  county  for  the  year  nineteen 
hundred  and  forty,  in  the  manner 
provided  by  law,  such  sum  as  is 
certified  to  said  county  commis- 
sioners on  or  before  April  first  in 
said  year  by  the  director  of  ac- 
counts. In  so  certifying  said  direc- 
tor shall  set  forth  (1)  the  amount  of 
the  net  unappropriated  cash  bal- 
ance in  the  treasury  of  said  county 
as  of  January  first,  nineteen  hun- 
dred and  forty,  (2)  the  amount  of  the 


Appropriation 

Fiscal  Year 

1939. 

Appropriation 

Fiscal  Year 

1940. 

$21,000  00 

$21,000  00 

40,000  00 

40,000  00 

10,000  00 

21,000  00 

81,000  00 

31,000  00 

75,000  00 

75,000  00 

136,190  00 
13,320  00 

134,640  00 
13,350  00 

22,000  00 

22.500  00 

42,000  00 

42.000  00 

3,000  00 

3,000  00 

23,000  00 

21,000  00 

12,500  00 

6,000  00 

6,000  00 

6,000  00 

39,000  00 

39.000  00 

5,500  00 

5,500  00 

7,000  00 

3,000  00 

10,000  00 

10,000  00 

602  Acts,  1939.  —  Chap.  452. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

estimated  receipts  of  said  county  for 
said  year,  and  (3)  a  sum,  which  shall 
constitute  the  county  tax,  and  which 
shall  be  the  difference  between  the 
sum  of  the  two  foregoing  items  and 
the  total  amount  of  the  authorized 
expenditures  hereinbefore  appro- 
priated for  said  county. 

Section  2.  Travel  allowances  for  officials  and  employees 
using  their  own  cars  on  county  business  shall  not  exceed  four 
and  one  half  cents  per  mile,  except  as  otherwise  specifically 
provided  by  law. 

Section  3.  No  person  shall  be  reimbursed  by  a  county 
for  any  expense  incurred  for  a  mid-day  meal  while  traveHng 
at  the  expense  of  such  county,  nor  shall  reimbursement  be 
made  for  any  other  meal  except  in  cases  where  the  person 
is  required  to  be  away  from  home  on  official  business  over 
night;  provided,  that  reimbursement  may  be  made  for  a 
mid-day  meal  for  persons  attending  official  meetings  or 
conferences.  Nothing  herein  contained  shall  apply  to  em- 
ployees who  receive  as  part  of  their  compensation  a  non-cash 
allowance  in  the  form  of  full  or  complete  boarding  or  housing. 

Section  4.  Except  as  specifically  authorized  by  law,  no 
person  shall  be  employed  or  paid  for  work  as  a  substitute  for 
a  regular  employee  during  the  vacation  of  such  employee 
unless  and  until  such  employment  has  been  approved  in 
advance  by  the  county  commissioners  and  the  county  per- 
sonnel board.  The  rate  of  pay  for  such  substitute  shall  not 
exceed  the  minimum  rate  for  the  position  held  by  such 
regular  employee;  provided,  that  for  cause  shown  the  county 
personnel  board  may  approve  a  higher  rate  in  individual 
instances. 

Section  5.  No  employee  who  is  required  to  perform 
extra  or  unusual  duties  during  the  absence  of  another  em- 
ployee on  vacation  or  sick  leave  shall  receive  therefor  any 
additional  or  higher  rate  of  compensation  than  his  regular 
salary  or  wages,  except  for  necessary  overtime  service  or  in 
cases  specifically  approved  by  the  county  commissioners  and 
the  county  personnel  board. 

Section  6.  No  salary  increase  shall  be  granted  and  no 
new  position  shall  be  created  between  November  first,  nine- 
teen hundred  and  thirty-nine,  and  July  first,  nineteen  hun- 
dred and  forty,  nor  between  November  first,  nineteen  hun- 
dred and  forty,  and  July  first,  nineteen  hundred  and  forty- 
one,  nor  shall  any  salary  increase  be  retroactive  to  a  date 
earlier  than  the  July  first  next  preceding  the  date  upon  which 
such  salary  increase  was  granted  nor  earlier  than  the  date 
on  which  a  notice  of  intent  to  grant  such  increase  is  received 
by  the  county  personnel  board,  whichever  date  is  the  later; 
provided,  that  increases  may  be  granted  to  employees  re- 
ceiving or  to  receive  not  more  than  nine  hundred  and  sixty 


Acts,  1939.  —  Chap.  453.  603 

dollars  per  annum  in  accordance  with  the  compensation  plan 
of  the  county  classification. 

Section  7.  For  the  purpose  of  comphance  with  the 
provisions  of  section  seventeen  of  chapter  thirty-four  of  the 
General  Laws  requiring  advertising  for  bids  for  the  purchase 
of  commodities,  the  value  of  any  allowance  for  goods  given 
or  to  be  given  in  exchange  and  as  a  part  of  the  purchase  price 
shall  be  added  to  the  cash  price  to  be  paid  for  such  com- 
modity or  commodities,  and  if  the  sum  of  the  cash  price  and 
the  allowance  equals  or  exceeds  one  thousand  dollars  said 
section  seventeen  shall  apply.  If  extras  or  appurtenances  of 
equipment  are  purchased  from  the  same  vendor  such  extras 
shall  be  considered  as  a  part  of  the  purchase  and  shall  be  paid 
for  by  the  county  treasurer  only  if  said  section  seventeen 
has  been  complied  with. 

Section  8.  Each  contract  exceeding  five  hundred  dollars 
and  under  one  thousand  dollars  shall  be  made  by  a  county 
official  or  employee  only  after  a  notice  inviting  bids  has  been 
sent  to  at  least  three  responsible  firms  or  individuals  capable 
of  supplying  the  commodity  or  performing  the  service  con- 
templated. The  county  official  or  employee  involved  shall 
certify  to  the  county  treasurer  that  such  notices  have  been 
sent  and  no  bill  shall  be  paid  for  such  commodity  or  service 
until  such  certification  is  so  made.  This  section  shall  not 
apply  to  contracts  not  exceeding  one  thousand  dollars  made 
in  connection  with  materials  or  services  in  highway  con- 
struction or  maintenance.  Approved  August  11,  1939. 

An  Act  clarifying  certain  provisions  of  law  author-  nu^jy  453 

IZING    CITIES,    TOWNS    AND    DISTRICTS    TO    BORROW    ON    AC-  ^' 

COUNT    OF     PUBLIC     WELFARE,     SOLDIERS'     BENEFITS     AND 
FEDERAL   EMERGENCY   UNEMPLOYMENT   RELIEF   PROJECTS. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^ll^§^^^ 
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  seventy-two  of  the  acts  of  the  cur- 
rent year  is  hereby  amended  by  striking  out,  in  the  seventh 
line,  the  word  "during"  and  inserting  in  place  thereof  the 
words :  —  in  each  of,  —  so  that  the  first  paragraph  will  read 
as  follows:  —  Subject  to  the  provisions  of  this  act,  any  city, 
town  or  district,  by  a  two  thirds  vote  as  defined  in  section 
one  of  chapter  forty-four  of  the  General  Laws,  and  with 
the  approval  of  the  mayor,  selectmen,  or  prudential  com- 
mittee or  commissioners,  and  of  the  board  established  under 
section  one  of  chapter  forty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three,  may  borrow,  in  each  of  the  years 
nineteen  hundred  and  thirty-nine  and  nineteen  hundred  and 
forty,  outside  its  debt  limit  as  fixed  by  sections  eight  and 
ten  of  said  chapter  forty-four,  for  use  only  for  meeting  ap- 


604  Acts,  1939.  —  Chap.  454. 

propriations  made  or  to  be  made  for  public  welfare,  includ- 
ing aid  to  dependent  children  and  old  age  assistance,  sol- 
diers' benefits  including  state  aid,  military  aid,  soldiers' 
burials  and  soldiers'  relief,  and  for  any  federal  emergency 
unemployment  relief  projects,  exclusive  of  public  works  ad- 
ministration projects  or  substitutes  therefor,  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  other- 
wise determined  as  provided  in  section  ten  of  said  chapter 
forty-four,  and  may  issue  bonds  or  notes  therefor,  which 
shall  bear  on  their  face  the  words,  (name  of  city,  town  or 
district)  Municipal  Relief  Loan,  Act  of  1939.  Each  author- 
ized issue  shall  constitute  a  separate  loan,  and  such  loans 
shall  be  paid  in  not  more  than  ten  years  from  their  dates, 
as  said  board  shall  fix,  and,  except  as  herein  provided,  shall 
be  subject  to  said  chapter  forty-four,  exclusive  of  the  limi- 
tation contained  in  the  first  paragraph  of  section  seven 
thereof.  Approved  August  11,  1939. 


ChapA54:  An  Act  providing  for  a  temporary  cigarette  tax,  tem- 
porary SURTAXES  ON  DIVERS  SUBJECTS  OF  EXISTING 
TAXATION  AND  A  TEMPORARY  INCREASE  IN  THE  INHERIT- 
ANCE TAX,  ESTABLISHING  A  WELFARE  REIMBURSEMENT 
FUND  AND   RELIEVING  THE   BURDEN   ON   REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whenever  used  in  this  act,  unless  the  con- 
text shall  otherwise  require,  the  word  "commissioner"  shall 
mean  the  commissioner  of  corporations  and  taxation;  the 
word  "person"  shall  mean  any  individual,  firm,  fiduciary, 
partnership,  corporation,  trust  or  association,  however 
formed,  trustee,  agency  or  receiver;  the  word  "distributor" 
shall  mean  any  person  who  imports  or  causes  to  be  imported 
cigarettes  for  use,  distribution  or  sale  in  the  commonwealth 
or  who  manufactures  or  produces  cigarettes  in  the  common- 
wealth; the  words  "licensed  distributor"  shall  mean  a  dis- 
tributor licensed  under  the  provisions  of  this  act;  the  word 
"dealer"  shall  mean  any  person  other  than  a  distributor,  as 
defined  herein,  who  is  engaged  in  the  commonwealth  in  the 
business  of  selling  cigarettes  and  a  distributor  who  is  en- 
gaged therein  in  the  business  of  selfing  cigarettes  at  retail; 
the  words  "Hcensed  dealer"  shall  mean  a  dealer  licensed 
under  the  provisions  of  this  act;  and  the  words  "sale"  or 
"sell"  in  addition  to  their  ordinary  meaning  shall  include 
or  apply  to  gifts,  exchanges  and  barter;  "place  of  business" 
shall  mean  and  include  any  place  where  cigarettes  are  sold 
or  where  cigarettes  are  stored  or  kept  for  the  purpose  of 
sale  or  consumption,  including  any  vessel,  vehicle,  airplane, 
train  or  cigarette  vending  machine. 

Section  2.  No  person  shall  carry  on  the  business  of  selling 
cigarettes  in  the  commonwealth  unless  licensed  so  to  do  as 


Acts,  1939.  —  Chap.  454.  605 

herein  provided.  The  commissioner  shall  upon  proper  applica- 
tion and  the  payment  to  him  of  the  fee  herein  provided  issue 
a  Ucense  for  each  place  of  business  maintained  by  a  dis- 
tributor or  a  dealer.  If  a  distributor  at  any  one  place  of 
business  acts  both  as  distributor  and  as  dealer  he  shall  pro- 
cure a  hcense  for  such  place  of  business  both  as  a  distributor 
and  as  a  dealer.  Every  machine  operated  or  maintained  for 
the  purpose  of  vending  cigarettes  shall  for  the  purposes  of 
this  act  be  deemed  to  constitute  a  place  of  business,  and  no 
person  shall  maintain  or  cause  to  be  operated  such  a  machine 
without  procuring  a  dealer's  hcense.  Each  Hcense  so  issued 
shall  be  prominently  displayed  by  the  hcensed  distributor  or 
the  licensed  dealer  on  the  premises  covered  by  the  license, 
and  in  the  case  of  a  vending  machine  there  shall  be  attached 
to  the  same  a  disc  or  marker  to  be  furnished  by  the  commis- 
sioner showing  it  to  have  been  licensed.  No  person  shall 
have  in  his  possession  a  vending  machine  containing  cigar- 
ettes for  a  period  in  excess  of  forty-eight  hours  unless  there 
shall  be  attached  to  the  same  a  disc  or  marker  as  herein 
provided,  and  any  person  who  shall  violate  this  provision 
shall  be  subject  to  the  same  fine  as  a  person  selhng,  offering 
for  sale,  or  possessing  with  intent  to  sell  any  cigarettes 
without  a  hcense.  The  commissioner  shall  prescribe  the  forms 
of  appHcation  for  distributor's  or  dealer's  Hcenses  and  may 
require  therein  such  information  as  he  deems  necessary  in 
connection  with  the  proper  administration  of  this  act.  The 
fee  for  a  distributor's  license  shall  be  twenty-five  dollars  and 
for  a  dealer's  Hcense  shall  be  one  doHar.  No  fee  nor  any 
portion  of  any  fee  shall  be  refunded  by  reason  of  relinquish- 
ment or  revocation  of  the  license  or  for  any  other  reason. 
Any  person  who  shall  sell,  offer  for  sale,  or  possess  with  in- 
tent to  sell  any  cigarettes  without  a  Hcense  as  provided  in 
this  section  shall  be  fined  not  more  than  fifty  dollars  for  the 
first  offence  and  not  less  than  fifty  dollars  nor  more  than  two 
hundred  doHars  for  each  subsequent  offence.  Any  person 
who  shall  knowingly  purchase  or  possess  any  cigarettes  not 
manufactured,  produced  or  imported  by  a  Hcensed  distribu- 
tor shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dol- 
lars or  more  than  one  thousand  dollars.  No  person,  either 
as  principal  or  agent,  shall  seH  or  solicit  orders  for  cigarettes 
to  be  shipped,  mailed  or  otherwise  sent  or  brought  into  the 
commonwealth  to  any  person  not  a  licensed  distributor. 

Section  3.  Each  license  issued  under  section  two  shall 
expire  on  the  thirtieth  day  of  June  next  succeeding  the  date 
of  issuance  unless  sooner  revoked  by  the  commissioner  as 
provided  in  section  four  or  unless  the  business  with  respect 
to  which  such  license  was  issued  shall  change  ownership,  or 
unless  the  holder  of  the  license  shall  remove  his  business 
from  the  premises  covered  by  the  license,  in  any  of  which 
cases  the  holder  of  the  license  shall  immediately  return  it  to 
the  commissioner.  The  holder  of  each  such  Hcense  on  appli- 
cation to  the  commissioner  accompanied  by  the  fee  pre- 
scribed in  section  two  may  annually  before  the  expiration 


606  Acts,  1939.  —  Chap.  454. 

date  of  the  license  then  held  by  him  renew  his  license  for  a 
further  period  of  one  year. 

Section  4.  The  commissioner  may  revoke  the  Ucense  of 
any  distributor  or  dealer  for  failure  to  comply  with  any  pro- 
vision of  sections  one  to  eighteen,  inclusive,  of  this  act  or  if 
the  person  licensed  ceases  to  be  a  distributor  or  dealer.  Any 
person  aggrieved  by  such  revocation  may  apply  to  the  com- 
missioner for  a  hearing  as  provided  in  section  thirteen  and 
may  further  appeal  to  the  appellate  tax  board  as  provided 
in  section  fourteen. 

Section  5.  Every  distributor  shall  keep  a  complete  and 
accurate  record  of  all  sales  of  cigarettes,  including  the  name 
and  address  of  the  purchaser,  the  place  and  date  of  delivery, 
and  the  quantity  of  cigarettes  and  the  trade  name  or  brand 
thereof,  and  a  complete  and  accurate  record  of  the  quantity 
of  cigarettes  imported,  purchased  or  manufactured,  and  the 
date  of  importation,  purchase  or  manufacture.  Every  dis- 
tributor shall  also  deliver  with  every  consignment  of  ciga- 
rettes to  a  purchaser  within  the  commonwealth  a  written 
statement  containing  the  date  of  purchase,  the  names  of  the 
purchaser  and  seller,  the  quantity  of  cigarettes  and  the 
trade  name  or  brand  thereof,  and  shall  retain  a  duphcate  of 
each  such  statement.  Said  records  and  said  statements 
shall  be  in  such  form  as  the  commissioner  shall  prescribe 
and  shall  be  preserved  by  said  distributors  and  said  pur- 
chasers, respectively,  and  shall  be  offered  for  inspection  at 
any  time  upon  oral  or  written  demand  by  the  commissioner 
or  his  duly  authorized  agents. 

Section  6.  Every  distributor  shall,  on  or  before  the  fif- 
teenth day  of  each  month,  file  with  the  commissioner  a  return 
under  oath,  on  a  form  to  be  furnished  by  the  commissioner, 
stating  the  number  of  cigarettes  sold  by  him  in  the  common- 
wealth during  the  preceding  calendar  month  and  such  return 
shall  contain  or  be  accompanied  by  such  further  information 
as  the  commissioner  shall  require.  At  the  time  of  filing  such 
return,  every  distributor  shall  pay  to  the  commissioner  an 
excise  of  one  mill  for  each  cigarette  sold  by  him  in  the  com- 
monwealth during  the  calendar  month  covered  by  the  return. 
Such  abatements  of  the  excise  provided  by  this  act  may  be 
made  by  the  commissioner  by  reason  of  bad  debts,  loss  of 
cigarettes  and  such  other  causes  as  the  commissioner  may 
deem  expedient. 

Section  7.  If  a  distributor,  having  failed  to  file  a  return, 
or  having  filed  an  incorrect  or  insufficient  return  without 
reasonable  excuse,  fails  to  file  an  original  or  corrected  return, 
as  the  case  may  require,  within  twenty  days  after  the  giving 
of  notice  to  him  by  the  commissioner  of  his  delinquency,  the 
commissioner  shall  determine  the  amount  due,  at  any  time 
within  two  years  after  the  making  of  the  earhest  sale  included 
in  such  determination.  The  distributor  may  appeal  from 
his  decision  within  ten  days  thereof  to  the  appellate  tax 
board,  whose  decision  shall  be  final.  The  commissioner,  or, 
in  the  case  of  appeal,  the  appellate  tax  board,  having  made 


Acts,  1939.  —  Chap.  454.  607 

such  determination,  shall  give  notice  to  the  delinquent  dis- 
tributor of  the  amount  determined  to  be  due  and  the  dis- 
tributor shall  forthwith,  after  the  giving  of  such  notice,  pay 
to  the  commissioner  the  amount  so  determined  with  interest 
at  six  per  cent  from  the  fifteenth  day  of  the  month  in  which 
the  return  is  required  to  be  made  pursuant  to  section  six. 

Section  8.  A  distributor  who  fails  to  file  a  return  to  the 
commissioner  as  required  by  section  six,  or  an  original  or 
corrected  return  as  required  by  section  seven,  shall  forfeit 
to  the  commonwealth,  and  shall  pay  to  the  commissioner  on 
demand  the  sum  of  five  dollars  for  each  day  of  delay  after 
written  notice  by  the  commissioner  of  such  failure.  The 
commissioner  may  remit  a  part  of  said  penalty. 

Section  9.  Sums  due  to  the  commonwealth  under  sec- 
tions one  to  eighteen,  inclusive,  of  this  act  may  be  recovered 
by  the  attorney  general  in  an  action  brought  in  the  name  of 
the  commissioner.  The  commissioner  may  suspend  the  li- 
cense of  a  distributor  subject  to  this  section  for  failure  to 
pay  such  sums  when  due.  The  commissioner  shall  have  the 
same  powers  and  remedies  with  respect  to  the  collection  of 
said  sums  as  he  has  with  respect  to  the  collection  of  income 
taxes  under  chapter  sixty-two  of  the  General  Laws.  The 
commissioner  may  require  a  distributor  to  furnish  a  bond 
issued  by  a  surety  company  licensed  to  do  business  in  the 
commonwealth,  in  such  amount  as  he  may  fix,  conditioned 
upon  the  payment  of  the  excise  provided  by  said  sections. 

Section  10.  Any  distributor  or  dealer  who  files  any 
false  return,  affidavit  or  statement,  or  any  person  who  vio- 
lates any  provision  of  this  act  for  which  no  other  penalty 
has  been  provided,  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars  or  by  imprisonment  for  not  more 
than  one  year,  or  both.  Any  person  other  than  a  licensed 
distributor  who  shall  knowingly  sell  or  offer  for  sale  any 
cigarettes  upon  which  the  excise  herein  imposed  has  not  been 
paid  shall  be  Hable  to  the  commonwealth  in  double  the 
amount  of  the  excise  in  an  action  of  contract,  provided  this 
provision  shall  not  apply  in  the  case  of  cigarettes  included  or 
required  to  be  included  in  a  return  of  a  licensed  distributor. 
Any  distributor  who  shall  knowingly  sell  cigarettes  and  not 
make  return  of  the  same  shall  be  liable  to  the  commonwealth 
in  double  the  amount  of  the  excise  in  an  action  of  contract. 

Section  11.  Each  dealer  shall  keep  within  the  common- 
wealth complete  and  accurate  records  of  all  cigarettes  pur- 
chased or  otherwise  acquired  and  sold.  Such  records  shall 
be  of  such  kind  and  in  such  form  as  the  commissioner  may 
prescribe  and  shall  be  safely  preserved  in  such  manner  as  to 
insure  permanency  and  accessibility  for  inspection  by  the 
commissioner  or  any  representative  authorized  by  him.  The 
commissioner  may  require  by  rule  or  regulation  any  dealer 
to  make  reports  as  often  as  he  deems  necessary  to  enable 
him  to  determine  whether  the  tax  required  by  sections  one 
to  eighteen,  inclusive,  of  this  act  has  been  fully  paid.  The 
commissioner  and  his  authorized  representative  may  exam- 


608  Acts,  1939.  —  Chap.  454. 

ine  the  books,  papers  and  records  of  any  dealer  in  the  com- 
monwealth, for  the  purpose  of  determining  whether  the 
excise  imposed  by  sections  one  to  eighteen,  inclusive,  of  this 
act  has  been  fully  paid,  and  may  investigate  and  examine 
the  stock  of  cigarettes  in  or  upon  any  premises  where  such 
cigarettes  are  possessed,  stored  or  sold,  for  the  purpose  of 
determining  whether  the  provisions  of  said  sections  are 
being  obeyed. 

Section  12.  The  commissioner  and  any  representative 
of  the  commissioner  duly  authorized  to  conduct  any  inquiry, 
investigation  or  hearing  hereunder  shall  have  power  to  ad- 
minister oaths  and  take  testimony  under  oath  relative  to 
the  matter  of  inquiry  or  investigation.  At  any  hearing 
ordered  by  the  commissioner,  the  commissioner  or  his  repre- 
sentative authorized  to  conduct  such  hearing  and  having 
authority  by  law  to  issue  such  process  may  subpoena  wit- 
nesses and  require  the  production  of  books,  papers  and  docu- 
ments pertinent  to  such  inquiry.  No  witness  under  sub- 
poena authorized  to  be  issued  by  the  provisions  of  sections 
one  to  eighteen,  inclusive,  of  this  act  shall  be  excused  from 
testifying  or  from  producing  books  or  papers  on  the  ground 
that  such  testimony  or  the  production  of  such  books  or  other 
documentary  evidence  would  tend  to  incriminate  him,  but 
the  testimony  or  evidence  so  produced  shall  not  be  used  in 
any  criminal  proceeding  against  him.  If  any  person  shall 
disobey  such  process  or,  having  appeared  in  obedience 
thereto,  shall  refuse  to  answer  any  pertinent  question  put 
to  him  by  the  commissioner  or  his  authorized  agent  or  to 
produce  any  books  and  papers  pursuant  thereto,  the  com- 
missioner or  such  representative  may  apply  to  the  superior 
court  for  the  county  wherein  the  taxpayer  resides  or  wherein 
the  business  has  been  conducted,  or  to  any  justice  of  said 
court  if  the  same  shall  not  be  in  session,  setting  forth  such 
disobedience  to  process  or  refusal  to  answer,  and  said  court 
or  such  justice  shall  cite  such  person  to  appear  before  said 
court  or  such  justice  to  answer  such  question  or  to  produce 
such  books  and  papers,  and,  upon  his  refusal  so  to  do,  shall 
commit  him  to  jail  until  he  shall  testify,  but  not  for  a  longer 
period  than  sixty  days.  Notwithstanding  the  serving  of  the 
term  of  such  commitment  by  any  person,  the  commissioner 
may  proceed  in  all  respects  with  such  inquiry  and  examina- 
tion as  if  the  witness  had  not  previously  been  called  upon  to 
testify.  Officers  who  serve  subpoenas  issued  by  the  com- 
missioner or  under  his  authority  and  witnesses  attending  a 
hearing  conducted  by  him  hereunder  shall  receive  fees  and 
compensation  at  the  same  rates  as  officers  and  witnesses  in 
the  courts  of  the  commonwealth,  to  be  paid  on  vouchers  of 
the  commissioner  or  on  order  of  the  comptroller  and  the 
state  treasurer  shall  pay  said  amount  without  any  appropria- 
tion therefor  by  the  general  court. 

Section  13.  Any  person  aggrieved  by  any  action  under 
sections  one  to  eighteen,  inclusive,  of  this  act  of  the  com- 
missioner or  his  authorized  representative  for  which  hearing 


Acts,  1939.  —  Chap.  454.  609 

is  not  elsewhere  provided  may  apply  to  the  commissioner, 
in  writing,  within  ten  days  after  the  notice  of  such  action  is 
delivered  or  mailed  to  him,  for  a  hearing,  setting  forth  the 
reasons  why  such  hearing  should  be  granted  and  the  manner 
of  relief  sought.  The  commissioner  shall  consider  each  such 
application  and  may  grant  or  deny  the  hearing  requested. 
If  the  hearing  be  denied,  the  applicant  shall  be  notified 
thereof;  if  it  be  granted,  the  commissioner  shall  notify  the 
apphcant  of  the  time  and  place  fixed  for  such  hearing.  After 
such  hearing,  the  commissioner  may  make  such  order  in  the 
premises  as  may  appear  to  him  just  and  lawful  and  shall 
furnish  a  copy  of  such  order  to  the  applicant.  The  commis- 
sioner may,  by  notice  in  writing,  at  any  time,  order  a  hear- 
ing on  his  own  initiative  and  require  the  taxpayer  or  any 
other  individual  whom  he  beheves  to  be  in  possession  of 
information  concerning  any  manufacture,  importation  or 
sale  of  cigarettes  which  have  escaped  taxation  to  appear 
before  him  or  his  duly  authorized  representative  with  any 
specified  books  of  account,  papers  or  other  documents,  for 
examination  relative  thereto. 

Section  14.  Any  person  aggrieved  because  of  any  action 
or  decision  of  the  commissioner  under  the  provisions  of  sec- 
tions one  to  eighteen,  inclusive,  of  this  act  may  appeal  there- 
from within  ten  days  after  notice  thereof  to  the  appellate 
tax  board.  The  appellant  shall  at  the  time  of  taking  an 
appeal  file  with  the  appellate  tax  board  a  bond  of  recogni- 
zance to  the  commonwealth,  with  surety  to  prosecute  the 
appeal  to  effect  and  to  comply  with  the  orders  and  decrees 
of  the  board  in  the  premises.  Such  appeals  shall  be  preferred 
cases,  to  be  heard,  unless  cause  appears  to  the  contrary,  in 
priority  to  other  cases.  Said  board  may  grant  such  relief  as 
may  be  equitable  and  may  order  the  state  treasurer  to  pay 
the  amount  of  such  relief,  with  interest  at  the  rate  of  four 
per  cent  per  annum,  to  the  aggrieved  taxpayer.  If  the 
appeal  shall  have  been  taken  without  probable  cause,  the 
board  may  tax  double  or  triple  costs,  as  the  case  shall 
demand;  and,  upon  all  such  appeals  which  may  be  denied, 
costs  may  be  taxed  against  the  appellant  at  the  discretion  of 
the  board,  but  no  costs  shall  be  taxed  against  the  common- 
wealth. 

Section  15.  The  administration  of  this  act  is  vested  in 
the  commissioner.  All  forms  necessary  and  proper  for  the 
enforcement  of  this  act  shall  be  prescribed  and  furnished  by 
the  commissioner.  The  commissioner  may  prescribe  regu- 
lations and  ruhngs,  not  inconsistent  with  law,  to  carry  into 
effect  the  provisions  of  this  act,  which  regulations  and  rul- 
ings, when  reasonably  designed  to  carry  out  the  intent  and 
purpose  of  this  act,  shall  be  prima  facie  evidence  of  its  proper 
interpretation. 

The  records  of  any  board,  department,  division  or  com- 
mission of  the  commonwealth  having  information  with  re- 
spect to  dealers  in  cigarettes  shall,  notwithstanding  any 
other  provision  of  law,  be  open  to  the  inspection  of  the  com- 


610  Acts,  1939.  —  Chap.  454. 

missioner  for  the  purpose  of  determining  the  names  of  those 
subject  to  the  tax  imposed  by  sections  one  to  eighteen, 
inclusive. 

Section  16.  If  any  provision  or  provisions  of  this  act 
are  declared  unconstitutional  or  inoperative  by  a  final 
judgment,  order  or  decree  of  the  supreme  court  of  the 
United  States  or  of  the  supreme  judicial  court  of  the  com- 
monwealth, the  remaining  parts  of  said  act  shall  not  be 
affected  thereby. 

Section  17.  Every  dealer  who  at  the  commencement  of 
business  on  the  effective  date  of  this  act  has  on  hand  for  sale 
any  cigarettes  shall  make  and  file  a  complete  inventory 
thereof  within  twenty  days  thereafter,  and  shall  pay  to  the 
commissioner  at  the  time  of  filing  such  inventory  a  tax  with 
respect  thereto  computed  at  the  rate  of  one  mill  per  cigarette. 
All  provisions  of  this  act  relative  to  the  collection,  verifica- 
tion and  administration  of  taxes  applicable  to  distributors 
shall,  in  so  far  as  pertinent,  be  applicable  to  the  tax  herein 
imposed. 

Section  18.  The  foregoing  provisions  of  this  act  shall  be 
in  effect  during  the  period  beginning  September  first,  nine- 
teen hundred  and  thirty-nine,  and  ending  June  thirtieth, 
nineteen  hundred  and  forty-one  and  shall  apply  to  cigarettes 
sold  by  distributors  on  and  after  said  September  first  or 
held  by  dealers  at  the  commencement  of  business  on  said  date. 

Section  19.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  all  acts  in  amendment  thereof  and  in  addition  thereto, 
taxes  levied  under  the  provisions  of  section  nine  of  chapter 
three  hundred  and  seven  of  the  acts  of  nineteen  hundred  and 
thirty-three,  as  amended,  and  taxes  levied  under  the  provi- 
sions of  sections  thirty  to  sixty,  inclusive,  of  chapter  sixty- 
three  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  and  all  acts  in  amendment  thereof  and  in  addition 
thereto,  an  additional  tax  equal  to  fifteen  per  cent  of  the 
taxes  assessed  under  the  provisions  of  said  sections,  acts  and 
chapters  in  or  on  account  of  the  calendar  year  nineteen  hun- 
dred and  thirty-nine,  and  equal  to  ten  per  cent  of  the  taxes 
so  assessed  in  or  on  account  of  the  calendar  year  nineteen 
hundred  and  forty,  and  all  provisions  of  law  relative  to  the 
assessment,  payment,  collection  and  abatement  of  the  said 
taxes  shall  apply  to  the  taxes  imposed  by  this  section;  pro- 
vided, that  no  tax  assessed  under  this  section  in  or  on  ac- 
count of  the  year  nineteen  hundred  and  thirty-nine  shall 
bear  interest  prior  to  October  first  of  such  year. 

A  fiduciary  shall  be  liable  to  pay  a  tax  under  this  section 
upon  income  received  and  distributed  by  him  prior  to  the 
effective  date  thereof  only  to  the  extent  that  such  fiduciary 
shall,  after  said  effective  date,  hold  as  such  fiduciary 
funds  of  an  estate  or  trust  due  to  the  beneficiary  to  whom 
said  income  was  distributed. 


Acts,  1939. —Chap.  454.  611 

All  taxes  provided  by  this  section  which  are  assessed  in  or 
on  account  of  the  calendar  year  nineteen  hundred  and  thirty- 
nine  shall  be  paid  over  to  the  Welfare  Reimbursement  Fund 
established  by  section  twenty-one  and  those  assessed  in  or 
on  account  of  the  calendar  year  nineteen  hundred  and  forty 
shall  be  paid  into  the  General  Fund. 

Section  20.  All  property  subject  to  a  legacy  and  suc- 
cession tax  under  the  provisions  of  chapter  sixty-five  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  of  any  further  amendments  thereof  or  additions  thereto, 
shall  be  subject  to  an  additional  tax  of  fifteen  per  cent  of  all 
taxes  imposed  by  said  provisions  with  respect  to  property 
or  interests  therein  passing  or  accruing  upon  the  death  of 
persons  who  die  in  the  calendar  year  nineteen  hundred  and 
thirty-nine,  and  of  ten  per  cent  of  all  taxes  imposed  by  said 
provisions  with  respect  to  property  or  interests  therein  pass- 
ing or  accruing  upon  the  death  of  persons  who  die  in  the 
calendar  year  nineteen  hundred  and  forty.  All  provisions 
of  law  relative  to  the  determination,  certification,  payment, 
collection  and  abatement  of  such  legacy  and  succession  taxes 
shall  apply  to  the  additional  tax  imposed  by  this  section. 
All  taxes  provided  by  this  section  which  are  imposed  with 
respect  to  property  or  interests  therein  passing  or  accruing 
upon  the  death  of  persons  who  die  in  the  calendar  year  nine- 
teen hundred  and  thirty-nine  shall  be  paid  over  to  the  Wel- 
fare Reimbursement  Fund  established  by  section  twenty- 
one  and  those  imposed  with  respect  to  property  or  interests 
therein  passing  or  accruing  upon  the  death  of  persons  who 
die  in  the  calendar  j^ear  nineteen  hundred  and  forty  shall  be 
paid  into  the  General  Fund. 

Section  21.  The  proceeds  of  the  taxes  imposed  by  sec- 
tions one  to  eighteen,  inclusive,  of  this  act,  together  with 
all  penalties,  fees  and  fines  collected  under  the  provisions  of 
said  sections,  and  all  taxes  provided  by  section  nineteen 
which  are  assessed  in  or  on  account  of  the  calendar  year  nine- 
teen hundred  and  thirty-nine  and  all  taxes  provided  by  sec- 
tion twenty  which  are  imposed  with  respect  to  property  or 
interests  therein  passing  or  accruing  upon  the  death  of  per- 
sons who  die  in  the  calendar  year  nineteen  hundred  and 
thirty-nine  shall  be  paid  over  by  the  commissioner  of  corpo- 
rations and  taxation  or  the  person  collecting  the  same  into 
the  treasury  of  the  commonwealth  and  shall  be  credited  on 
the  books  of  the  commonwealth  to  a  fund  to  be  known  as 
the  Welfare  Reimbursement  Fund,  Said  fund,  subject  to 
appropriation,  shall  be  used  as  follows: 

(1)  For  the  expenses  of  administering  sections  one  to 
eighteen,  inclusive,  of  this  act. 

(2)  For  payment  of  the  expenditures  of  the  common- 
wealth under  section  one  hundred  and  sixteen  of  chapter  one 
hundred  and  eleven,  sections  seventeen  and  eighteen  of 
chapter  one  hundred  and  seventeen;  section  six  of  chapter 
one  hundred  and  eighteen,  section  eight  of  chapter  one  hun- 


612 


Acts,  1939.  —  Chap.  454. 


dred  and  eighteen  A,  and  section  eighteen  of  chapter  one 
hundred  and  twenty-two,  and  for  tuition  of  certain  children 
under  sections  seven  to  ten,  inchisive,  of  chapter  seventj''- 
six,  for  the  care  and  maintenance  of  certain  children  in  the 
care  and  custody  of  the  department  of  public  welfare  as 
provided  in  chapter  one  hundred  and  nineteen  and  for  in- 
struction of  certain  children  in  public  schools  under  section 
seven  of  chapter  seventy-six. 

Section  22.  All  property  or  interests  therein  passing  or 
accruing  upon  the  death  of  persons  who  die  during  the 
period  beginning  September  first,  nineteen  hundred  and 
thirty-nine  and  ending  June  thirtieth,  nineteen  hundred 
and  forty-one,  taxable  under  section  one  of  chapter  sixty- 
five  of  the  General  Laws,  shall  be  subject  to  a  tax  at  the  per- 
centage rates  fixed  by  the  following  table,  instead  of  the 
table  set  forth  in  said  section  one,  as  most  recently  amended 
by  chapter  two  hundred  and  ninety-three  of  the  acts  of 
nineteen  hundred  and  thirty-three :  — 


Rate  Per  Centum  of  Tax  on  Value  of 

Property  or  Interest. 

h 

<B     (H 

o  t. 

Sife 

a;  t^ 

»  u 

m  t, 

o  t, 

o 

(S 

s.    !U 

S   <B 

>  P 

>  g 

> 

> 

O    > 

O  > 

o  >■ 

0  > 

o  > 

o  > 

o  > 

Relationship  of 
Beneficiary  to 

o 

x>  o 

% 

XI  o 

Xi° 
03  .g 

X  o 

1 

Deceased. 

a 

So 

o"i« 

l§ 

% 

lit 

si 

i 

M  « 
^11 

is 

— ,c4 

(MiO 

G«9 

Ce»«» 

Ce«w 

cS» 

c«>«» 

c»S 

cS 

o 

o 

O 

O 

o 

O 

O 

O 

o 

Class  A. 

Husband,  wife,  father, 

mother;     child. 

adopted  child,  adop- 

tive   parent,    grand- 

child          .         .         . 

1% 

2% 

3% 

4% 

5% 

6% 

7% 

8% 

9% 

Class  B. 

Lineal  ancestor,  except 

father  or  mother;  lin- 

eal descendant,  except 
child    or  grandchild; 

lineal   descendant   of 

adopted  child;   lineal 

ancestor  of  adoptive 

parent;  wife  or  widow 

of  a  son;   husband  of 

a  daughter 

2% 

3% 

5% 

6% 

7% 

8% 

9% 

10% 

11% 

Class  C. 

i 

Brother,     sister,     half 

brother,    half   sister. 

nephew,  niece,  step- 
child or  step-parent  . 

4% 

6% 

8% 

10% 

11% 

12% 

13% 

14% 

15% 

Class  D. 

All  others      . 

6% 

8% 

9% 

10% 

11% 

12% 

13% 

14% 

15% 

Approved  August  11, 


Acts,  1939.  —  Chap.  455.  613 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  August  11,  1939. 

Honorable  Feederic  W.  Cook,  Secretary  of  the  Commonivealth, 
State  House,  Boston. 

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  peace,  health,  safety,  and  convenience 
requires  that  the  law  passed  on  the  eleventh  day  of  August 
in  the  year  nineteen  hundred  and  thirty-nine,  entitled,  "An 
Act  providing  for  a  temporary  cigarette  tax,  temporary  sur- 
taxes on  divers  subjects  of  existing  taxation  and  a  temporary 
increase  in  the  inheritance  tax,  establishing  a  welfare  reim- 
bursement fund  and  relieving  the  burden  on  real  estate", 
should  take  effect  forthwith,  that  it  is  an  emergency  law 
and  that  the  facts  constituting  the  emergency  are  as  follows: 

For  the  reason  of  the  immediate  necessity  for  new  and 
additional  revenue  with  which  to  carry  on  the  services  the 
Commonwealth  is  rendering  for  the  benefit  of  the  citizens 
of  Massachusetts  and  in  order  to  cover  the  provisions  of  the 
law  itself  which  states  that  these  taxes  shall  become  effective 
on  September  first  of  the  current  year. 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  op  the  Secretary,  Boston,  August  11,  1939. 
I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  twelve  o'clock  and 
forty  minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Consti- 
tution said  chapter  takes  effect  forthwith,  being  chapter  four 
hundred  and  fifty-four  of  the  acts  of  nineteen  hundred  and 
thirty-nine. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 

An  Act  providing  for  the  funding  of  overlay  deficits  (jji^y  455 

BY   the   town    of   HARDWICK.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Hardwick,  for  the  purpose  of 
meeting  the  deficits  resulting  from  the  abatement  of  tax 
assessments  in  each  of  the  years  nineteen  hundred  and 
thirty-six  to  nineteen  hundred  and  thirty-eight,  both  inclu- 
sive, in  excess  of  the  overlay  or  overlays  of  such  years,  may, 
with  the  approval  of  the  board  established  under  section 
one  of  chapter  forty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-three,  borrow  a  sum  not  to  exceed  ten  thousand 
dollars  and  issue  bonds  or  notes  therefor,  which  shall  bear 


614 


Acts,  1939.  —  Chap.  456. 


on  their  face  the  words,  Hardwick  Funding  Loan,  Act  of 
1939.  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  inside  the  limit  of  indebtedness  and  shall,  except 
as  herein  provided,  be  subject  to  the  provisions  of  chapter 
forty-four  of  the  General  Laws,  exclusive  of  the  limitation 
contained  in  the  first  paragraph  of  section  seven  thereof. 
Section  2.  This  act  shall  take  effect  upon  its  passage. 
Approved  August  11,  1939. 


ChapAdQ  An  Act  relative  to  the  dissolution  of  corporations 

ORGANIZED    UNDER   THE   LAWS    OF   MASSACHUSETTS. 


G.  L.  (Ter. 

Ed.),  155, 

§  50 A,  inserted. 

Dissolution  of 
corporations. 


G.  L.  (Ter. 
Ed.),  155,  §  50, 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  fifty-five  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
fifty,  as  amended,  the  following  new  section :  —  Section  50 A . 
If  a  corporation  has  failed  to  comply  with  the  provisions  of 
law  requiring  the  filing  of  reports  or  returns  with  the  com- 
missioner or  the  state  secretary  for  two  consecutive  years,  or 
if  the  commissioner  is  satisfied  that  a  corporation  has  become 
inactive  and  that  its  dissolution  would  be  in  the  pubhc 
interest,  the  commissioner  may  apply  to  the  supreme  judicial 
court  for  its  dissolution,  and  the  court,  after  notice  by  mail 
or  otherwise  as  it  may  order,  may  decree  such  dissolution 
subject  to  the  provisions  of  sections  fifty-one,  fifty-two  and 
fifty-six.  The  commissioner  may  include  as  many  corpora- 
tions in  a  single  application  as  he  deems  fit  and  the  court  may 
include  in  its  decree  any  or  all  thereof. 

Section  2.  Section  fifty-six  of  said  chapter  one  hundred 
and  fifty-five,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out  the  first  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  If  the 
commissioner  finds  that  a  corporation  has  been  dissolved 
subject  to  the  provisions  of  this  section  by  act  of  the  general 
court  or  under  the  provisions  of  section  fifty  A  and  that  such 
corporation  ought  to  be  revived  for  all  purposes  or  for  any 
limited  time  or  for  any  specified  purpose  or  purposes  with 
or  without  limitation  of  time,  he  may,  not  later  than  five 
years  after  the  effective  date  of  said  act  or  after  the  date  of 
the  court  decree  dissolving  such  corporation  under  authority 
of  said  section  fifty  A,  as  the  case  may  be,  upon  application 
by  any  interested  party,  file  in  the  office  of  the  state  secretary 
a  certificate,  in  such  form  as  the  commissioner  may  prescribe, 
reviving  such  corporation  as  aforesaid. 

Approved  August  11,  1939. 


Acts,  1939.  —  Chaps.  457,  458.  615 


An  Act  further  regulating  the  incurring  of  debt,  (jhnj)  457 

OUTSIDE  the  debt  LIMIT,  BY  CITIES  AND  TOWNS  FOR  EMER-  ^' 

GENCY    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  eight  of  chapter  forty-four  of  the  General  Laws,  g.  l.  (Ter. 
as  amended  by  section  five  of  chapter  one  hundred  and  fie.!  amended. 
seventy-two  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  striking  out,  in  the 
twenty-ninth  Hne,  the  words  "one  year"  and  inserting  in 
place  thereof  the  words :  —  not  more  than  two  years  as  de- 
termined by  the  board,  —  so  that  clause  (9)  will  read  as 
follows :  — 

(9)  For  such  emergency  appropriations  as  shall  be  ap-  Emergency 
proved  by  a  board  composed  of  the  attorney  general,  the  appropriations, 
state  treasurer  and  the  director,  not  more  than  two  years 
as  determined  by  the  board.       Approved  August  11,  1939. 

An  Act  providing  for  the  drainage  of  the  low  lands  Qhnj)  4 50 

ADJACENT     TO     LAKE     QUANNAPOWITT     IN     THE     TOWN     OF  ^' 

READING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, the  department  of  public  works,  hereinafter  referred 
to  as  the  department,  is  hereby  authorized  and  directed  to 
construct  a  system  of  drainage  or  other  works  for  suitably 
draining  the  low  lands  located  in  the  town  of  Reading  ad- 
jacent to  Lake  Quannapowitt,  and  the  department  is  hereby 
also  authorized  and  empowered  to  construct  such  ditches, 
dikes,  dams,  channels,  canals,  pipe  lines  or  other  structures, 
and  to  construct  and  reconstruct  such  dams,  weirs,  outlets, 
culverts  or  other  works,  as  the  department  may  deem  nec- 
essary and  proper  for  carrying  out  the  provisions  of  this  act. 

Section  2.  In  carrying  out  the  provisions  of  section  one, 
the  department  is  hereby  authorized  to  establish  from  time 
to  time  the  legal  high  water  level  of  Lake  Quannapowitt 
and  to  provide  for  the  proper  removal  of  the  water  of  said 
lake  at  all  times  and  to  remove  any  obstruction  to  the  flow 
of  the  Saugus  river  in  such  vicinity,  for  the  purpose  of  pre- 
venting the  flooding  of  lands  adjacent  to  said  lake  and  for 
the  accomplishment  of  all  the  purposes  of  this  act.  The 
town  of  Wakefield  may  regulate  the  water  of  the  lake  be- 
tween the  high  water  mark  established  hereunder  and  the 
low  water  mark  estabhshed  by  chapter  five  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  nine.  The 
department  shall  so  construct  the  drainage  works  herein  pro- 
vided for  and  the  town  of  Reading  shall  so  maintain  and 
operate  them  that  the  water  level  in  the  lake  can,  so  far 
as  practicable,  be  maintained  between  said  marks. 

Section  3.  For  the  purpose  of  constructing  such  drain- 
age system  and  carrying  out  the  provisions  of  this  act,  the 


616  Acts,  1939.  —  Chap.  458. 

department,  acting  in  behalf  of  the  commonwealth,  may 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  or  acquire  by  purchase  or  otherwise,  all  lands, 
water  rights,  rights  of  way  and  easements  within  the  towns 
of  Reading,  Wakefield  and  Lynnfield  which  the  department 
may  deem  necessary  for  the  purposes  of  this  act;  provided, 
that  no  lands,  water  rights,  rights  of  way  or  easements  shall 
be  taken  or  purchased,  nor  shall  any  construction  work  be 
commenced  as  hereinafter  provided,  until  such  time  as  the 
drainage  system  designed  by  the  department  shall  have  been 
approved  by  the  special  drainage  committee  of  the  town  of 
Reading, 

Section  4.  The  total  cost  of  the  work  authorized  by 
this  act  shall  not  exceed  one  hundred  and  twenty-five  thou- 
sand dollars.  The  town  of  Reading  shall  pay  into  the  state 
treasury  the  initial  sum  of  ten  thousand  dollars,  which  sum 
shall  constitute  a  fund  for  the  improvements  hereinbefore 
authorized,  and  be  used,  without  further  appropriation  by 
the  general  court,  in  part  for  the  necessary  engineering  serv- 
ice, surveys  and  the  design  of  the  proposed  drainage  sys- 
tem, but  no  construction  work  under  authority  of  this  act 
shall  be  commenced  hereunder  until  the  department  has 
held  a  public  hearing,  duly  advertised,  and  until  there  shall 
have  been  paid  into  the  state  treasury  by  said  town  the 
further  sum  of  one  hundred  and  fifteen  thousand  dollars, 
which  shall  be  added  to  said  fund.  Any  surplus  of  said 
fund  remaining  after  the  completion  of  the  work  authorized 
by  this  act  shall  be  refunded  by  the  state  treasurer  to  said 
town.  Such  fund  may  be  expended,  without  further  appro- 
priation by  the  general  court,  in  co-operation  with  the  fed- 
eral government  in  unemployment  relief  and  other  projects 
as  may  be  determined  by  the  department. 

Section  5.  For  the  purposes  of  this  act,  the  town  of 
Reading,  after  the  acceptance  thereof,  as  hereinafter  pro- 
vided, may  borrow  from  time  to  time,  within  a  period  of 
five  years  from  the  effective  date  of  this  act,  such  sums  of 
money  as  may  be  necessary,  not  exceeding,  in  the  aggre- 
gate, one  hundred  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words. 
Town  of  Reading,  Drainage  Loan,  Act  of  1939.  Each  author- 
ized issue  shall  constitute  a  separate  loan,  and  such  loans 
shall  be  paid  in  not  more  than  thirty  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,  exclusive 
of  the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

Section  6.  When  the  work  authorized  by  this  act  shall 
have  been  completed,  the  same  shall  be  maintained  by  said 
town  of  Reading  and  said  town  is  hereby  authorized  to  enter 
upon  and  dig  up  and  excavate  within  the  limits  of  the  towns 
of  Wakefield  and  Lynnfield,  or  either  of  said  towns,  any 
private  land  within  the  area  of  any  easement  acquired  under 


Acts,  1939.  —  Chap.  459.  617 

this  act,  or  any  public  or  private  way,  for  the  purposes 
of  maintaining,  repairing  or  reconstructing  such  system  or 
works,  and  to  do  any  other  things  necessary  or  proper  for 
any  of  the  foregoing  purposes;  provided,  that  any  public 
way  in  the  town  of  Wakefield  or  Lynnfield  in  which  the 
maintenance  work  is  done  under  any  provision  of  this  act 
shall  be  restored  by  said  town  of  Reading  to  a  condition 
satisfactory  to  the  selectmen  of  said  town  of  Wakefield  or 
Lynnfield,  as  the  case  may  be.  All  lands  or  rights  in  land 
acquired  by  the  department  in  connection  with  such  work 
shall  be  conveyed  by  the  department  to  said  town  of  Reading. 

Section  6A.  Nothing  in  this  act  shall  be  deemed  to 
affect  any  provision  of  chapter  four  hundred  and  eighty- 
eight  of  the  acts  of  nineteen  hundred  and  two. 

Section  7.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  town  of  Reading  for  acceptance  at  any  annual 
or  special  town  meeting  held  within  three  years  after  its 
passage,  in  the  form  of  the  following  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  a  special  ballot:  "Shall  an  act  passed 
by  the  general  court  in  the  year  nineteen  hundred  and  thirty- 
nine,  entitled  'An  Act  providing  for  the  drainage  of  the  low 
lands  adjacent  to  Lake  Quannapowitt  in  the  town  of  Read- 
ing', be  accepted?";  provided,  that  no  such  special  town 
meeting  shall  be  held  during  the  period  from  June  fifteenth 
to  September  fifteenth,  both  dates  inclusive,  in  any  year.  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  August  11,  1939. 

An  Act  further  regulating  the  advertising  and  sale  Qj^^u)  459 
OF  motor  fuel  at  retail.  ^' 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety-four  of  the  General  Laws  o.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  two  hundred  and  §§*295^a.'  295B 
ninety-five  A,  inserted  by  chapter  two  hundred  and  twenty-  g^^f^^en^ut 
eight  of  the  acts  of  nineteen  hundred  and  thirty-three,  sec-  and  §§  295A 
tion  two  hundred  and  ninety-five  B,  inserted  by  chapter  four  [nsened! 
hundred  and  eleven  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  section  two  hundred  and  ninety-five  C,  as 
amended  by  chapter  two  hundred  and  eighteen  of  the  acts 
of  the  current  year,  and  inserting  in  place  thereof  the  fifteen 
following  new  sections :  —  Section  295 A .     When  used  in  sec-  Definitions. 
tions  two  hundred  and  ninety-five  A  to  two  hundred  and 
ninety-five  O,  inclusive :  — 

(1)  The  term  "retail  dealer"  shall  mean  any  person  oper- 
ating a  service  station,  filling  station,  store,  garage  or  other 


618 


Acts,  1939.  —  Chap.  459. 


License  to 
sell  motor  fuel. 


Signs  to  dis- 
play price  of 
fuel  offered 
for  sale. 


place  of  business  for  the  retail  sale  of  motor  fuel  or  the  sale 
of  or  dispensing  of  motor  fuel  for  delivery  into  the  service 
tank  or  tanks  of  any  motor  vehicle  which  is  propelled  by 
an  internal  combustion  motor  other  than  such  a  motor 
vehicle  belonging  to  the  person  owning  or  operating  said 
place  of  business. 

(2)  The  term  "motor  fuel"  shall  mean  (a)  a  hght  distil- 
late of  petroleum  or  alhed  substance  with  suitable  volatiUty 
and  other  characteristics  to  be  used  as  a  fuel  for  operating 
internal  combustion  engines,  whether  or  not  it  is  mixed  with 
other  materials,  or  (b)  any  other  product  or  hquid  when  sold 
for  use  as  a  fuel  in  any  type  of  internal  combustion  engine 
furnishing  power  to  operate  a  motor  vehicle. 

(3)  The  word  "department"  shall  mean  the  department 
of  labor  and  industries. 

(4)  The  word  "division"  shall  mean  the  division  on  the 
necessaries  of  life  of  the  department  of  labor  and  industries. 

(5)  The  word  "director"  shall  mean  the  director  of 
standards  and  necessaries  of  life. 

Section  295B.  No  retail  dealer  shall  engage  in  the  busi- 
ness of  selling  motor  fuel  at  retail  without  first  procuring 
from  the  division  a  hcense  for  each  station,  store,  garage  or 
other  establishment  at  which  his  said  business  is  to  be  con- 
ducted. Licenses  issued  under  this  section  shall  be  issued 
upon  written  application  to  the  division,  shall  be  issued  only 
to  persons  who  own  the  business  to  be  hcensed  and  who  are 
the  owners  or  lessees  of  the  premises  on  which  the  business 
is  to  be  conducted,  shall  be  effective  from  the  date  of  their 
issuance  until  the  first  day  of  January  of  the  ensuing  year, 
and  shall  be  renewed  annually.  A  license  fee  of  five  dollars 
shall  be  paid  for  the  issuance  of  every  such  license  and  every 
renewal  thereof. 

Each  licensee  shall  conspicuously  display  his  license  at  the 
station,  store,  garage  or  other  establishment  to  which  it 
pertains.  The  requirements  of  this  section  with  respect  to 
licenses  are  hereby  declared  to  be  in  addition  to,  and  not  in 
substitution  for,  license  requirements  contained  in  any  other 
statute,  ordinance,  by-law,  rule  or  regulation. 

The  expenses  incurred  by  the  division  in  the  administra- 
tion and  enforcement  of  sections  two  hundred  and  ninety- 
five  A  to  two  hundred  and  ninety-five  0,  inclusive,  in  any 
fiscal  year  shall  not  be  in  excess  of  the  receipts  from  license 
fees  under  said  sections  paid  into  the  state  treasury  by  the 
division  during  such  fiscal  year. 

The  division  shall  forthwith  notify  the  commissioner  of 
corporations  and  taxation  in  writing  of  all  licenses  issued, 
renewed,  transferred,  modified,  cancelled  or  suspended  by  it. 

Section  295C.  Every  retail  dealer  in  motor  fuel  shall 
pubhcly  display  and  maintain  on  each  pump  or  other  dis- 
pensing device  from  which  motor  fuel  is  sold  by  liim,  at  least 
one  sign  and  not  more  than  two  signs  stating  the  price  per 
gallon  of  the  motor  fuel  sold  by  him  from  such  pump  or 
device.    Said  sign  or  signs  shall  be  of  a  size  not  larger  than 


Acts,  1939.  —  Chap.  459.  619 

eight  inches  by  ten  inches.  The  price  shown  on  each  of  such 
signs  shall  include  all  taxes  imposed  with  respect  to  the  manu- 
facture or  sale  of  the  motor  fuel  sold  at  such  pump  or  device, 
and  every  such  sign  shall  either  contain  a  statement  of 
the  taxes  included  in  said  price,  or,  without  specifying  the 
amount  thereof,  shall  state  that  such  taxes  are  included  in 
said  price.  All  figures,  including  fractions,  upon  said  signs, 
other  than  figures  and  fractions  used  in  any  price  computing 
mechanism  constituting  a  part  of  any  such  pump  or  dis- 
pensing device,  shall  be  of  the  same  size. 

No  signs  stating  or  relating  to  the  price  of  motor  fuel,  and 
no  signs  designed  or  calculated  to  cause  the  public  to  believe 
that  they  state  or  relate  to  the  price  of  motor  fuel,  other  than 
the  signs  referred  to  in  the  preceding  paragraph  and  required 
to  be  displayed  upon  pumps  and  other  dispensing  devices, 
shall  be  posted  or  displayed  on  or  about  the  premises  where 
motor  fuel  is  sold  at  retail,  and  within  view  of  any  public 
highway  or  reservation. 

Section  295 D.  Any  advertisement  of  motor  fuel  by  a  saie  price  to 
retail  dealer  which  states,  refers  to  or  relates  to  the  price  of  ^'^''^'^^^  t*''- 
motor  fuel  shall  state  the  per  gallon  price  thereof,  which 
price  shall  include  all  taxes  so  stated,  referred  to  or  related 
to,  and  there  shall  be  included  in  such  advertising  matter 
a  statement  that  such  per  gallon  price  includes  such  taxes 
or  a  statement  of  the  amount  of  such  taxes  which  are  in- 
cluded in  the  stated  per  gallon  price. 

Section  295E.  The  price  posted  on  any  pump  or  other  Rebates,  etc., 
dispensing  device  from  which  motor  fuel  is  sold,  as  required  P''o*^''^"-ed. 
by  section  two  hundred  and  ninety-five  C,  shall  remain 
posted  thereon  and  continue  in  effect  thereat  for  a  period 
of  not  less  than  twenty-four  consecutive  hours.  No  retail 
dealer  shall  sell  motor  fuel  at  any  price  other  than  the  price 
so  posted  at  the  time  of  the  sale.  No  premiums,  rebates,  al- 
lowances, concessions,  prizes  or  other  benefits  shall  be  given 
directly  or  indirectly  by  any  retail  dealer  so  as  to  permit 
any  purchaser  to  obtain  motor  fuel  from  such  retail  dealer  at  a 
net  price  lower  than  the  posted  price  applicable  at  the  time  of 
the  sale.  In  no  transaction  in  which  a  retail  dealer  may  fix  or 
set  a  single  price  or  charge  for  the  sale  of  a  quantity  of  motor 
fuel,  together  with  some  other  commodity  or  service,  shall 
such  single  price  or  charge  be  less  than  the  aggregate  of  the 
charge,  in  accordance  with  the  posted  price,  for  the  motor  fuel 
involved  in  the  transaction,  plus  the  charge  for  such  other 
commodity  or  service  when  the  same  is  sold  or  rendered 
separately,  rather  than  in  combination  with  the  sale  of 
motor  fuel. 

Section  295F.    All  above-ground  equipment  for  storing  or  saies  equip- 
dispensing  motor  fuel  or  lubricating  oil  operated  by  a  retail  CilnVor'trade- 
dealer  shall  bear  in  a  conspicuous  place  the  brand  name  or  mark  of  fuel, 
trade-mark,  and  the  name  of  the  manufacturer,  of  the  prod- 
uct stored  therein  or  sold  or  dispensed  therefrom.     If  the 
motor  fuel  or  lubricating  oil  stored  in  or  sold  or  dispensed 
from  above-ground  equipment  by  a  retail  dealer  has  no 


620 


Acts,  1939.  —  Chap.  459. 


Standards 
for  fuel,  etc. 


Duties  of 
division. 


Rules  and 
regulations. 


Penalty. 


brand  name  or  trade-mark,  such  container  or  dispensing 
equipment  shall  have  conspicuously  displayed  thereon  the 
name  of  the  manufacturer  and  the  words  "No  Brand." 

Section  295G.  No  person  shall  sell  or  offer  to  sell  as  gaso- 
line any  motor  fuel  or  other  substance  which  does  not  com- 
pletely distill  without  pressure  at  a  temperature  not  exceed- 
ing four  hundred  and  thirty-seven  degrees  Fahrenheit,  by 
methods  of  testing  in  general  use  in  the  petroleum  refining 
industry.  No  retail  dealer  shall  adulterate  or  permit  the 
adulteration  of  any  motor  fuel  or  lubricating  oil  offered  for 
sale  or  sold  under  a  brand  name  or  trade-mark  or  distinguish- 
ing mark  of  the  manufacturer  or  distributor  of  said  prod- 
ucts, or  substitute  or  permit  the  substitution  of  any  other 
motor  fuel  or  lubricating  oil  therefor.  No  retail  dealer  shall 
sell  or  dispense,  or  offer  to  sell  or  dispense,  from  any  pump, 
tank  or  other  dispensing  device  or  container  any  motor  fuel 
or  lubricating  oil  other  than  that  indicated  by  the  name, 
trade  name,  trade-mark,  symbol,  sign  or  other  distinguishing 
mark  of  the  manufacturer  or  distributor  of  said  product, 
if  any,  appearing  on  said  pump,  tank  or  other  dispensing 
device  or  container. 

Section  295H.  The  division  shall  administer  and  enforce 
sections  two  hundred  and  ninety-five  A  to  two  hundred  and 
ninety-five  O,  inclusive.  For  said  purpose,  the  department, 
subject  to  appropriation,  may  appoint  to  the  division  such 
additional  investigators,  inspectors,  analysts,  clerks  and  other 
assistants  as  it  may  deem  necessary. 

Section  2951.  The  division  may  adopt,  amend,  alter  or 
repeal,  and  shall  enforce,  all  such  reasonable  orders,  rules 
and  regulations  as  may  be  necessary  or  suitable  for  the  ad- 
ministration and  enforcement  of  said  sections  two  hundred 
and  ninety-five  A  to  two  hundred  and  ninety-five  0,  inclu- 
sive, and  the  division  may,  in  such  administration  and  en- 
forcement, at  any  time  cause  to  be  made  by  its  agents  or 
representatives  an  audit,  examination  or  investigation  of  the 
books,  records,  papers,  vouchers,  accounts  and  documents 
of  any  retail  dealer,  who  shall  make  them  available  at  any 
time  upon  oral  or  written  demand  to  the  division  or  any  of 
its  duly  authorized  agents  or  representatives. 

Section  295J.  Every  retail  dealer  shall  keep  such  records 
as  may  be  prescribed  by  the  orders,  rules  or  regulations 
adopted  by  the  division  under  section  two  hundred  and 
ninety-five  I,  and  all  such  records  shall  be  safely  preserved 
by  such  retail  dealer  for  a  period  of  one  year,  and  shall  be 
offered  for  inspection  at  any  time  upon  oral  or  written  de- 
mand by  the  division  or  any  of  its  duly  authorized  agents  or 
representatives. 

Section  295K.  Whoever,  himself  or  by  his  agent  or  serv- 
ant, violates  any  provision  of  sections  two  hundred  and 
ninety-five  A  to  two  hundred  and  ninety-five  J,  inclusive, 
except  section  two  hundred  and  ninety-five  G,  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  nor  more  than  five  hun- 


Acts,  1939.  —  Chap.  459.  621 

dred  dollars.  Whoever,  himself  or  by  his  agent  or  servant, 
violates  any  provision  of  section  two  hundred  and  ninety- 
five  G  shall  be  punished  by  a  fine  of  not  more  than  five  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  one  year. 
Upon  the  second  conviction  of  any  licensee  of  any  such 
violation,  whether  by  himself  or  by  his  agent  or  servant,  the 
division  may  suspend  the  right  of  such  licensee  to  engage  in 
the  business  of  seUing  motor  fuel  at  retail  for  a  period  not 
exceeding  three  months,  and  upon  the  third  or  subsequent 
conviction  of  any  licensee  of  any  such  violation,  whether  by 
himself  or  by  his  agent  or  servant,  the  division  may  suspend 
such  right  for  a  period  not  exceeding  one  year. 

Section  295L.    The  superior  court  shall  have  jurisdiction  jurisdiction 
in  equity  to  enjoin  the  habitual,  continued  or  repeated  vio-  °^  courts, 
lation  of  any  provision  of  sections  two  hundred  and  ninety- 
five  A  to  two  hundred  and  ninety-five  J,  inclusive,  by  any 
retail  dealer.    Petitions  for  such  relief  may  be  filed  by  any 
person  injured  or  damaged  by  such  violation. 

Section  295M.     Whenever  the  appHcation  of  any  provi-  Conflict 
sion  of  any  other  law  of  this  commonwealth  conflicts  with  °^  ''''^• 
the  application  of  any  provision  of  sections  two  hundred  and 
ninety-five  A  to  two  hundred  and  ninety-five  0,  inclusive, 
said  sections  shall  prevail. 

Section  295N.  If  any  provision  of  said  sections  two  hun-  invalidity  of 
dred  and  ninety-five  A  to  two  hundred  and  ninety-five  0,  p'*''*  °^  '*'^- 
inclusive,  or  the  application  of  such  provision  to  any  person 
or  circumstance,  shall  be  held  invaUd,  the  remainder  of  said 
sections,  or  the  appHcation  of  such  provision  to  any  person 
or  circumstance  other  than  that  as  to  which  it  is  held  in- 
valid, shall  not  be  affected  thereby. 

Section  2950.    Sections  two  hundred  and  ninety-five  A  to  How  cited. 
two  hundred  and  ninety-five  0,  inclusive,  shall  be  known 
and  may  be  cited  as  the  "Motor  Fuel  Sales  Act." 

Section  2.     Section  nine  G  of  chapter  twenty-three  of  Ed^'23'l'9G 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  ameAded. 
is  hereby  amended  by  adding  at  the  end  the  following  new 
sentence:  —  It  shall  administer  and  enforce  sections  two 
hundred  and  ninety-five  A  to  two  hundred  and  ninety-five  O, 
inclusive,  of  chapter  ninety-four,  —  so  as  to  read  as  follows: 
—  Section  9G.    The  division  shall  investigate  all  complaints  investigations, 
made  to  it,  and  may  publish  its  findings.     It  shall  keep  in 
touch  with  the  work  of  federal  and  municipal  and  other 
agencies  deafing  with  the  necessaries  of  life,  and  give  them 
such  assistance  as  it  deems  advisable;   and  may  invoke  the 
aid  of  said  agencies  and  of  civic  and  other  organizations.    It 
shall  administer  and  enforce  sections  two  hundred  and  ninety- 
five  A  to  two  hundred  and  ninety-five  0,  inclusive,  of  chapter 
ninety-four. 

Section  3.     Retail  dealers,  as  defined  in  section  one  of  pr^o^fstonZ 
this  act,  engaged  in  the  business  of  selHng  motor  fuel,  as  so 
defined,  at  retail  on  the  effective  date  of  this  act  may  con- 
tinue such  business  for  a  period  not  exceeding  thirty  days 


622  Acts,  1939.  —  Chaps.  460,  461. 

after  said  effective  date  without  being  licensed  as  required 
by  section  two  hundred  and  ninety-five  B  of  chapter  ninety- 
four  of  the  General  Laws,  inserted  therein  by  section  one  of 
this  act.  Approved  August  11,  1939. 

ChapAQO  An  Act  to  authorize  the  town  of  wales  to  fund  certain 

INDEBTEDNESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  paying  certain  loans 
issued  in  anticipation  of  the  revenue  of  nineteen  hundred  and 
thirty-eight,  the  town  of  Wales  may  borrow,  from  time  to 
time  during  the  current  year,  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  five  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Wales  Funding  Loan,  Act  of  1939.  Each 
authorized  issue  shall  constitute  a  separate  loan  and  such 
loans  shall  be  paid  in  not  more  than  ten  years  from  their 
dates.  Indebtedness  incurred  under  this  act  shall  be  in 
excess  of  the  statutory  limit  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  August  11,  1939. 

ChapAQl  An  Act  further  regulating  the  school  attendance  and 
employment  of  children  under  sixteen. 

pr'^fmbk?^  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  pubHc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Edwi^l'ia.        Section  1.     Section  nineteen  of  chapter  seventy-one  of 

aineAded.      '    the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 

is  hereby  amended  by  striking  out,  in  the  fourth  line,  the 

word  "fourteen"  and  inserting  in  place  thereof  the  word:  — 

Evening  high     slxteeu,  —  SO  as  to  read  as  follows:  —  Section  19.     Every 

schools.  (,j|.y  Qf  gf^y  thousand  inhabitants  shall  maintain  annually  an 

evening  high  school,  in  which  shall  be  taught  such  subjects  as 

the  school  committee  considers  expedient,  if  fifty  or  more 

residents,  sixteen  years  or  over,  competent  in  the  opinion  of 

the  committee  to  pursue  high  school  studies,  shall  petition 

in  writing  for  an  evening  high  school  and  certify  that  they 

desire  to  attend. 

EdV^jTs  Section  2.     Section  three  of  chapter  seventy-two  of  the 

amended.    '     General  Laws,  as  so  appearing,  is  hereby  amended  by  striking 

out  the  paragraph  contained  in  the  sixth  to  the  tenth  lines, 

inclusive,  and  inserting  in  place  thereof  the  following  new 

paragraph :  — 

First.  The  number  of  persons  between  the  ages  of  five 
and  seven  and  the  number  between  seven  and  sixteen,  re- 


School 
returns 


Acts,  1939.  —  Chap.  461.  623 

siding  in  the  town  on  October  first  last  preceding  the  date  of 
the  certificate.  Such  information  shall  be  collected  during 
the  first  two  weeks  of  said  October. 

Section  3.  Chapter  seventy-six  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  one,  as  so  appear-  amendli.^  ^' 
ing,  and  inserting  in  place  thereof  the  following:  —  Section  1.  school 
Every  child  between  seven  and  sixteen,  except  a  child  be-  attendance. 
tween  fourteen  and  sixteen  who  meets  the  requirements  for 
the  completion  of  the  sixth  grade  of  the  pubhc  schools  of  the 
town  where  he  resides  and  who  holds  a  permit  for  employ- 
ment in  private  domestic  service  or  service  on  a  farm,  under 
section  eighty-six  of  chapter  one  hundred  and  forty-nine,  and 
is  regularly  employed  thereunder  for  at  least  six  hours  per 
day,  or  a  child  between  fourteen  and  sixteen  who  meets  said 
requirements  in  the  town  where  he  resides  and  has  the 
written  permission  of  the  superintendent  of  schools  of  said 
town  to  engage  in  non-wage-earning  employment  at  home, 
or  a  child  over  fourteen  who  holds  a  permit  for  employment 
in  a  co-operating  employment,  as  provided  in  said  section 
eighty-six,  shall,  subject  to  section  fifteen,  attend  a  public 
day  school  in  said  town,  or  some  other  day  school  approved 
by  the  school  committee,  during  the  entire  time  the  public 
schools  are  in  session,  unless  the  child  attends  school  in 
another  town,  during  the  entire  time  the  same  is  in  session, 
under  sections  six  to  twelve,  inclusive;  but  such  attendance 
shall  not  be  required  of  a  child  whose  physical  or  mental 
condition  is  such  as  to  render  attendance  inexpedient  or 
impracticable  or  of  a  child  granted  an  employment  permit 
by  the  superintendent  of  schools  when  such  superintendent 
determines  that  the  welfare  of  such  child  will  be  better 
served  through  the  granting  of  such  permit,  or  of  a  child 
who  is  being  otherwise  instructed  in  a  manner  approved  in 
advance  by  the  superintendent  or  the  school  committee. 
The  superintendent  of  schools  may  transfer  to  any  specialized 
type  of  school  on  a  full-time  basis  any  child  who  possesses 
the  educational  qualifications  enumerated  in  this  section  and 
in  the  opinion  of  the  superintendent  would  be  benefited  by 
such  transfer.  The  superintendent,  or  teachers  in  so  far 
as  authorized  by  him  or  by  the  school  committee,  may  excuse 
cases  of  necessary  absence  for  other  causes  not  exceeding 
seven  day  sessions  or  fourteen  half  day  sessions  in  any  period 
of  six  months.  For  the  purposes  of  this  section,  school 
committees  shall  approve  a  private  school  only  when  the  in- 
struction in  all  the  studies  required  by  law  is  in  English,  and 
when  satisfied  that  such  instruction  equals  in  thoroughness 
and  efficiency,  and  in  the  progress  made  therein,  that  in  the 
public  schools  in  the  same  town;  but  they  shall  not  withhold 
such  approval  on  account  of  rehgious  teaching. 

The  school  committee  of  each  town  shall  provide  for  and 
enforce  the  school  attendance  of  all  children  actually  residing 
therein  in  accordance  herewith. 

The  terms  "permit  for  employment"  and  "employment 
permit",  as  used  in  this  chapter,  shall  mean  an  employment 


624 


Acts,  1939. —Chap.  461. 


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


"Co-operative 
courses", 
term  defined. 


G.  L.  (Ter. 
Ed.),  149,  §  1, 
etc.,  further 
amended. 


"Employment 
permit", 
term  defined. 


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


Employment 
of  children 
under  sixteen. 


permit  referred  to  in  section  eighty-six  of  chapter  one  hun- 
dred and  forty-nine. 

Section  4.  Section  one  of  chapter  one  hundred  and 
forty-nine  of  the  General  Laws,  as  amended,  is  hereby  further 
amended  by  inserting  after  the  word  "schools"  in  the  six- 
teenth Hne,  as  appearing  in  the  Tercentenary  Edition,  the 
words:  —  or  any  approved  vocational  school,  —  and  by 
inserting  after  the  word  "workshops"  in  the  nineteenth  line, 
as  so  appearing,  the  following :  —  or  other  co-operating 
employments,  —  so  that  the  paragraph  contained  in  the 
fifteenth  to  the  nineteenth  Unes,  inclusive,  as  so  appearing, 
will  read  as  follows :  — 

"Co-operative  courses",  courses  approved  as  such  by  the 
department  of  education  and  conducted  in  public  schools 
or  any  approved  vocational  school  where  technical  or  related 
instruction  is  given  in  conjunction  with  practical  experience 
by  employment  in  co-operating  factories,  manufacturing, 
mechanical  or  mercantile  establishments  or  workshops  or 
other  co-operating  employments. 

Section  4A.  Said  section  one  of  said  chapter  one  hun- 
dred and  forty-nine,  as  amended,  is  hereby  further  amended 
by  inserting  after  the  word  "laborer"  in  the  twenty-fourth 
line,  as  so  appearing,  the  following  new  paragraph:  — 

"Employment  permit",  "permit  for  employment"  or 
"employment  certificate",  shall  include  any  permit  required 
by  any  provision  of  this  chapter,  in  order  to  enable  a  child 
to  be  employed  in  any  employment  as  herein  defined,  or  in 
domestic  service  or  service  on  a  farm,  or  at  home,  or  in  an 
employment  co-operating  in  a  co-operative  course. 

Section  5.  Said  chapter  one  hundred  and  forty-nine  is 
hereby  further  amended  by  striking  out  section  sixty,  as  most 
recently  amended  by  chapter  two  hundred  and  seventy-three 
of  the  acts  of  the  current  year,  and  inserting  in  place  thereof 
the  following :  —  Section  60.  Except  as  provided  in  sections 
sixty-nine  and  eighty-six,  no  person  shall  employ  a  minor 
under  sixteen,  or  permit  him  to  work,  in  or  about  or  in 
connection  with  any  factory,  workshop,  manufacturing, 
mechanical  or  mercantile  establishment,  barber  shop,  boot- 
black stand  or  establishment,  pool  or  billiard  room,  stable 
elsewhere  than  on  a  farm,  garage,  brick  or  lumber  yard, 
telephone  exchange,  telegraph  or  messenger  office,  place  of 
amusement,  or  in  the  construction  or  repair  of  buildings,  or 
in  any  contract  or  wage  earning  industry  carried  on  in  tene- 
ment or  other  houses,  or  in  any  radio  broadcasting  station 
except  as  talent.  Except  as  provided  in  sections  sixty-nine 
and  eighty-six,  no  such  minor  shall  be  employed  at  work 
performed  for  wage  or  other  compensation,  to  whomsoever 
payable,  during  the  hours  when  the  public  schools  are  in 
session,  nor,  except  as  provided  in  section  sixty-nine,  shall 
he  be  employed  at  work  before  half  past  six  o'clock  in  the 
morning  or  after  six  o'clock  in  the  evening. 

This  section  and  section  eighty-six  shall  not  be  deemed  to 
prohibit  minors  under  sixteen  from  taking  part  on  the  stage 


Acts,  1939.  —  Chap.  461.  625 

for  a  limited  period  in  a  play  or  musical  comedy  in  a  theatre 
wherein  not  more  than  two  performances  are  given  in  any 
one  day  and  not  more  than  eight  performances  are  given  in 
any  one  week  if  the  commissioner,  after  being  satisfied  that 
the  supervision  of  such  minors  is  adequate,  that  their  living 
conditions  are  healthful  and  that  their  education  is  not 
neglected,  gives  his  written  consent  to  such  taking  part. 

Section  6.     Said  chapter  one  hundred  and  forty-nine  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  sixty-five,  as  fg^'et^c^' 
most  recently  amended  by  chapter  three  hundred  and  fifty-  amended." 
two  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following :  —  Section  65.    No  person  shall  employ  Hours  of  labor 
a  minor  under  sixteen,  or  permit  him  to  work,  in  any  occu-  uLder'sfxreen. 
pation  for  which  a  permit  for  employment  is  required,  for 
more  than  six  days  in  any  one  week,  or  more  than  forty-eight 
hours  in  any  one  week,  or  more  than  eight  hours  in  any  one 
day,  or,  except  as  provided  in  section  sixty-nine,  before  half 
past  six  o'clock  in  the  morning,  or  after  six  o'clock  in  the 
evening.    If  the  work  performed  by  any  such  minor  in  a  day 
is  not  continuous,  but  is  divided  into  two  or  more  periods, 
the  person  employing  such  minor  shall  so   arrange  such 
minor's  work  that  all  such  periods  of  work  shall  fall  within 
a  period  of  nine  consecutive  hours.    The  time  spent  by  such 
a  minor  in  a  continuation  school  or  course  of  instruction  as 
required  by  section  twenty-two  of  chapter  seventy-one  shall 
be  reckoned  as  a  part  of  the  time  he  is  permitted  to  work. 

Section  7.     Section  sixty-nine  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  forty-nine,  as  appearing  in  the  Tercentenary  Edi-  amended.'  ^  ^^' 
tion,  is  hereby  amended  by  striking  out,  in  the  first  and 
second  lines,  the  words  ",  in  any  city  of  over  fifty  thousand 
inhabitants,",  —  and  by  striking  out,  in  the  eighth  Hne,  the 
word  "fourteen"  and  inserting  in  place  thereof  the  words:  — 
sixteen,  except  a  child  granted  an  employment  permit  by 
the  superintendent  of  schools  when  such  superintendent  de- 
termines that  the  welfare  of  such  child  will  be  better  served 
through  the  granting  of  such  permit,  —  and  by  striking  out,  in 
the  thirteenth  line,  the  words  "employment  certificates"  and 
inserting  in  place  thereof  the  words :  —  permits  for  employ- 
ment, —  so  as  to  read  as  follows :  —  Section  69.     No  boy  street  trades 
under  twelve  and  no  girl  under  eighteen  shall  sell,  expose  or  [egiJater^ 
offer  for  sale  any  newspapers,  magazines,  periodicals  or  any 
other  articles  of  merchandise  of  any  description,  or  exercise 
the  trade  of  bootblack  or  scavenger,  or  any  other  trade,  in 
any  street  or  public  place. 

A  boy  over  twelve  may  engage  or  be  employed  in  any  city 
or  town  in  the  sale  or  delivery  of  newspapers,  magazines  or 
other  periodicals  in  a  street  or  on  a  newspaper  route;  pro- 
vided that  no  minor  under  sixteen,  except  a  child  granted  an 
employment  permit  by  the  superintendent  of  schools  when 
such  superintendent  determines  that  the  welfare  of  such  child 
will  be  better  served  through  the  granting  of  such  permit, 
may  so  engage  or  be  employed  during  the  hours  that  the 
public  schools  of  the  city  or  town  in  which  such  minor  resides 


626 


Acts,  1939. —  Chap.  461. 


G.  L.  (Ter. 
Ed.),  149,  §  73, 
amended. 


Street  trades 
for  boys  under 
sixteen. 


G.  L.  (Ter. 
Ed.),  149,  §  86, 
amended. 


Employment 
without  em- 
ployment 
permit,  etc., 
prohibited. 


are  in  session  nor  before  six  o'clock  in  the  morning  nor  after 
eight  o'clock  in  the  evening,  nor  unless  such  minor  has 
secured  a  badge  from  the  officer  authorized  to  issue  permits 
for  employment  in  the  city  or  town  where  he  resides  to  which 
badge  sections  seventy-one  and  seventy-two  shall  apply. 

Section  8.  Said  chapter  one  hundred  and  forty-nine  is 
hereby  further  amended  by  striking  out  section  seventy- 
three,  as  so  appearing,  and  inserting  in  place  thereof  the 
following:  —  Section  73.  No  boy  under  sixteen  shall  engage 
in  any  of  the  trades  or  occupations  mentioned  in  section 
sixty-nine  in  any  street  or  public  place  after  nine  o'clock 
in  the  evening  or  before  five  o'clock  in  the  morning,  nor, 
except  in  the  case  of  a  child  granted  an  employment  permit 
by  the  superintendent  of  schools  when  such  superintendent 
determines  that  the  welfare  of  such  child  will  be  better 
served  through  the  granting  of  such  permit,  during  the  hours 
when  the  public  schools  in  the  city  or  town  where  such  boy 
resides,  or  the  school  which  such  boy  attends,  are  in  session. 

Section  9.  Said  chapter  one  hundred  and  forty-nine  is 
hereby  further  amended  by  striking  out  section  eighty-six, 
as  so  appearing,  and  inserting  in  place  thereof  the  following : 
—  Section  86.  No  person  shall  employ  a  child  under  six- 
teen, other  than  a  child  over  fourteen  granted  an  employ- 
ment permit  by  the  superintendent  of  schools  when  such 
superintendent  determines  that  the  welfare  of  such  child 
will  be  better  served  through  the  granting  of  such  permit, 
or  permit  him  to  work  in,  about  or  in  connection  with  any 
factory,  workshop,  manufacturing,  mechanical  or  mercantile 
establishment  or  in  any  employment  mentioned  in  section 
sixty  or  as  defined  in  section  one,  other  than  street  trades 
as  defined  in  sections  sixty-nine  to  seventy-three,  inclusive; 
provided,  that  pupils  over  fourteen  in  co-operative  courses 
in  public  schools  may  be  employed  by  any  co-operating 
factory,  manufacturing,  mechanical  or  mercantile  estab- 
lishment or  workshop,  or  other  co-operating  employment  as 
defined  by  section  one,  upon  securing  from  the  superintend- 
ent of  schools  a  permit  covering  any  such  co-operating  em- 
ployment. Children  between  fourteen  and  sixteen  who  pos- 
sess the  educational  qualifications  set  forth  in  section  one 
of  chapter  seventy-six  and  are  employed  in  private  domestic 
service  or  service  on  farms  shall  be  required  to  secure  a 
permit  issued  by  the  superintendent  of  schools  covering 
such  employment.  The  person  employing  a  child  between 
fourteen  and  sixteen  shall  procure  and  keep  on  file,  acces- 
sible to  the  supervisors  of  attendance  of  the  town,  to  agents 
of  the  department  of  education,  and  to  the  department  of 
labor  and  industries  or  its  authorized  agents  or  inspectors, 
the  permit  for  employment  issued  to  such  child  and  shall 
keep  a  complete  list  of  the  names  and  ages  of  all  children 
so  employed. 

On  termination  of  the  employment  of  a  child  whose  per- 
mit for  employment  is  on  file  said  permit  shall  be  returned 
by  the  employer  within  two  days  after  said  termination  to 


Acts,  1939.  —  Chap.  461.  627 

the  office  of  the  superintendent  of  schools  or  school  com- 
mittee from  which  it  was  issued.  Any  person  who  retains 
a  permit  for  employment  contrary  to  this  section  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

Section  10.    Said  chapter  one  hundred  and  forty-nine  is  g.  l.  (Ter. 
hereby  further   amended   by  striking   out  section   eighty-  f,ng^^]e|'  ^  ^''' 
seven,  as  so  appearing,  and  inserting  in  place  thereof  the 
following:  —  Section  87.     An  employment  permit  shall  be  Employment 
issued  only  by  the  superintendent  of  schools  or  by  a  person  permits. 
authorized  by  him  in  writing,  or,  where  there  is  no  super- 
intendent of  schools,  by  a  person  authorized  in  writing  by 
the  school  committee  of  the  town  where  the  child  to  whom 
it  is  issued  resides  during  his  employment,  or,  if  the  child 
resides  outside  the  commonwealth,  of  the  town  where  the 
child  is  to  be  employed;    provided,  that  no  member  of  a 
school  committee  or  other  person  authorized  as  aforesaid 
shall  have  authority  to  issue  such  permit  for  any  child  then 
in  or  about  to  enter  such  person's  own  employment  or  the 
employment  of  a  firm  or  corporation  of  which  he  is  a  mem- 
ber, officer  or  employee.    If  an  employment  permit  is  issued 
to  a  child  under  sixteen  authorizing  employment  in  a  town 
other  than  that  of  his  residence,  a  duplicate  thereof  shall  be 
sent  forthwith  to  the  superintendent  of  schools  of  the  town 
where  the  employment  is  authorized. 

The  person  issuing  an  employment  permit,  shall,  before 
issuing  it,  receive,  examine,  approve  and  file  the  following 
papers,  duly  executed : 

(1)  A  pledge  or  promise,  signed  by  the  employer  or  by 
an  authorized  manager  or  superintendent,  setting  forth  the 
character  of  the  specific  employment,  the  number  of  hours 
per  day  during  which  the  child  is  to  be  regularly  employed, 
and  the  name  and  address  of  the  employer,  in  which  pledge 
or  promise  the  employer  agrees  to  employ  the  child  in  ac- 
cordance with  this  chapter,  and  to  return  the  employment 
permit  as  provided  in  section  eighty-six. 

(2)  The  school  record  of  such  child,  filled  out  and  signed 
as  provided  in  section  eighty-eight,  except  when  such  record 
may  be  waived  thereunder. 

(3)  A  certificate,  signed  by  a  school  or  family  physician, 
or  by  a  physician  appointed  by  the  school  committee,  stat- 
ing that  the  child  has  been  thoroughly  examined  by  said 
physician,  and  in  his  opinion  is  in  sufficiently  sound  health 
and  physically  able  to  perform  the  work  which  the  child 
intends  to  do. 

(4)  Evidence  of  age,  showing  that  the  child  is  of  the  age 
required  for  the  issuance  of  the  permit,  which  shall  consist 
of  one  of  the  following  proofs  of  age: 

(a)  A  birth  certificate,  or  a  duly  attested  transcript  thereof, 
made  by  a  registrar  of  vital  statistics  or  other  officer  charged 
with  the  duty  of  recording  births. 

(6)  A  baptismal  certificate,  or  a  duly  attested  transcript 
thereof,  showing  the  age  and  date  of  baptism  of  the  child. 


628  Acts,  1939.  —  Chap.  461. 

(c)  If  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  permits 
may  accept  in  lieu  thereof  a  passport  or  a  duly  attested  im- 
migration record,  or  transcript  thereof,  showing  the  age  of 
the  child,  or  other  official  or  religious  record  of  the  child's 
age;  provided,  that  it  shall  appear  to  the  satisfaction  of 
said  person  that  the  same  is  good  and  sufficient  evidence 
of  the  child's  age. 

(d)  If  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  per- 
mits may  accept  in  lieu  thereof  a  record  of  age  as  given  on 
the  register  of  the  school  which  the  child  first  attended  in 
the  commonwealth;  provided,  that  such  record  was  kept 
for  at  least  two  years  during  the  time  when  such  child  at- 
tended school. 

(e)  If  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  per- 
mits may  receive  the  signed  statement  of  the  school  physi- 
cian, or  of  the  physician  appointed  by  the  school  commit- 
tee, stating  that  after  examination  it  is  the  opinion  of  such 
physician  that  the  child  is  at  least  of  the  age  required  for 
the  issuance  of  the  permit.  Such  physician's  statement 
shall  be  accompanied  by  a  statement  signed  by  the  child's 
parent,  guardian  or  custodian,  or,  if  such  child  has  no  par- 
ent, guardian  or  custodian,  by  the  signed  statement  of  the 
next  adult  friend.  Such  signed  statement  shall  contain  the 
name,  date  and  place  of  birth  and  residence  of  the  child, 
and  shall  certify  that  the  parent,  guardian,  custodian  or 
next  friend  signing  it  is  unable  to  produce  any  of  the  proofs 
of  age  specified  in  this  section.  Such  statement  shall  be  so 
signed  in  the  presence  of  the  person  issuing  the  employment 
permit.  The  person  issuing  employment  permits  may,  be- 
fore issuing  such  a  permit,  require  the  parent,  guardian, 
custodian,  or  next  adult  friend  of  the  child  to  appear  and 
approve  in  writing  the  issuance  of  such  permit. 

A  certificate  relating  to  the  age  or  place  of  birth  of  any 
child  or  to  any  other  fact  sought  to  be  estabhshed  in  relation 
to  school  attendance  shall  be  issued,  upon  request,  by  a  town 
clerk,  and  no  fee  shall  be  charged  therefor  by  a  town  clerk 
or  other  official. 

The  superintendent  of  schools  or  a  person  authorized  by 
him  in  writing  may  revoke  for  cause  the  permit  for  em- 
ployment of  any  child  employed  in  private  domestic  serv- 
ice, if  not  in  the  employ  of  a  member  of  his  immediate 
family,  or  service  as  a  farm  laborer  in  the  employ  of  any 
person  other  than  his  parent  or  legal  guardian.  Whenever 
such  a  permit  authorizing  employment  of  a  child  elsewhere 
than  in  his  place  of  residence  is  held  by  him  the  superin- 
tendent of  schools  of  the  town  of  his  employment  shall 
forthwith  notify  the  superintendent  of  schools  issuing  the 
permit  of  the  child's  failure  to  comply  with  any  pertinent 
provision  of  law. 
EdVHA94  Section  U.  Said  chapter  one  hundred  and  forty-nine 
amended.'      '  is  hereby  further  amended  by  striking  out  section  ninety- 


Acts,  1939. —  Chap.  461.  629 

four,  as  so  appearing,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  94-  Supervisors  of  attendance,  agents  of  ^grue'catrs^^ 
the  department  of  education  or  of  the  department  of  labor 
and  industries,  or  any  authorized  agent  or  inspector  of 
either  of  said  departments  may  require  that  the  permit  for 
employment  or  educational  certificate  and  hsts  of  minors 
employed  in  any  establishment  or  occupation  for  which 
permits  for  employment  or  educational  certificates  are  re- 
quired shall  be  produced  for  their  inspection.  A  failure  so 
to  do  upon  request  shall  be  prima  facie  evidence  of  the 
illegal  employment  of  any  minor  whose  permit  for  employ- 
ment or  educational  certificate  is  not  produced  or  whose 
name  is  not  so  listed. 

Section  12.  Section  one  hundred  and  forty-seven  A  of  %^\[J^^- 
said  chapter  one  hundred  and  forty-nine,  as  appearing  in  §  147a,  etc., 
chapter  four  hundred  and  twenty-nine  of  the  acts  of  nine-  '*"'''"'^®"i- 
teen  hundred  and  thirty-seven,  is  hereby  amended  by  strik- 
ing out,  in  the  fifteenth  line,  the  word  "fourteen"  and  in- 
serting in  place  thereof  the  word :  —  sixteen,  —  so  as  to  read 
as  follows:  —  Section  147 A.  No  person  shall  engage  in  in-  Homeworkers' 
dustrial  homework  within  the  commonwealth  unless  he  has  certificates. 
in  his  possession  a  vahd  certificate  issued  to  him  by  the 
commissioner  under  authority  of  this  section,  hereinafter 
and  in  sections  one  hundred  and  forty-seven  B  to  one  hun- 
dred and  forty-seven  H,  inclusive,  called  a  homeworker's 
certificate.  Such  certificate  shall  be  issued  by  the  commis- 
sioner without  cost  and  shall  be  valid  for  a  period  of  one 
year  from  the  date  of  its  issuance,  unless  sooner  revoked  or 
suspended.  Apphcation  for  such  certificate  shall  be  made 
in  such  form  as  the  commissioner  may  from  time  to  time 
by  rule  or  regulation  prescribe.  Such  certificate  shall  be 
valid  only  for  work  performed  by  the  applicant  himself  in 
his  own  home.  No  homeworker's  certificate  shall  be  issued 
to  any  person  under  the  age  of  sixteen  years,  or  to  any  per- 
son suffering  from  an  infectious,  contagious  or  communi- 
cable disease  or  living  in  a  home  that  is  not  clean,  sanitary 
and  free  from  infectious,  contagious  or  communicable  dis- 
ease. The  commissioner  may  revoke  or  suspend  any  home- 
worker's  certificate  if  he  finds  that  the  holder  thereof  is 
performing  industrial  homework  contrary  to  the  conditions 
under  which  the  certificate  was  issued  or  in  violation  of  any 
pertinent  provision  of  sections  one  hundred  and  forty-four 
to  one  hundred  and  forty-seven  H,  inclusive,  or  has  per- 
mitted any  person  not  holding  a  valid  homeworker's  certifi- 
cate to  assist  him  in  performing  his  industrial  homework. 

Section  13.     Wherever  used  in  any  general  or  special  Certain  terms 
law  the  phrase  "employment  certificate",  or  the  word  "cer-  '*''^"*''^' 
tificate"  when  referring  to  an  employment  certificate,  shall 
mean  the  permit  referred  to  as  an  employment  permit  in 
section  eighty-seven  of  chapter  one  hundred  and  forty-nine 
of  the  General  Laws,  as  amended  by  section  ten  of  this  act. 

Approved  August  12,  1939. 


630  Acts,  1939.  —  Chaps.  462,  463. 


ChapA62  An  Act  restricting  the  carrying  of  certain  firearms 

IN   MOTOR   VEHICLES   IN   CERTAIN   AREAS. 


G.  L.  (Ter. 
Ed.),  131 


Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-one  of  the  General  Laws 

i6'4a7'         is  hereby  amended  by  inserting  after  section  one  hundred 

inserted.  ^^^  fouY,  as  amended,  the  following  new  section:  —  Sec- 

SlaTms^in^       tion  lO^A.     No  pcrsou,  other  than  a  pohce  or  conservation 

motor  vehicles,  officer,  a  pcrsou  acting  under  authority  of  a  special  permit 

issued  by  the  department  for  the  protection  of  shellfish  areas 

or  a  person  transporting  money  for  hire,  shall  have  a  loaded 

shotgun  or  rifle  in  a  motor  vehicle  within  the  hmits  of 

any  area  used  for  hunting.     Violation  of  this  section  by  any 

person  shall  be  prima  facie  evidence  that  such  person  was 

using  a  motor  vehicle  for  hunting. 

Approved  August  12,  1939. 

Chap. 4:63  An  Act  granting  the  consent  of  the  commonwealth  to 

THE  ACQUISITION  BY  THE  UNITED  STATES  OP  AMERICA  OF 
certain  lands  in  THE  CITY  OF  CHICOPEE  AND  THE  TOWN 
OF  LUDLOW  FOR  THE  PURPOSES  OF  AN  ARMY  AIR-BASE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition,  on  or  before  December  thirty- 
first,  nineteen  hundred  and  forty,  by  the  United  States  of 
America,  by  purchase  or  condemnation,  for  the  purposes  of  a 
United  States  army  air-base,  of  approximately  eight  square 
miles  of  land  located  in  the  northeast  corner  of  the  city  of 
Chicopee  and  the  northwest  corner  of  the  town  of  Ludlow; 
provided,  that  a  suitable  plan  of  the  land  so  acquired  has 
been  or  shall  be  filed  in  the  office  of  the  state  secretary  within 
one  year  after  the  acquisition  thereof. 

Section  2.  Jurisdiction  over  said  land  is  hereby  granted 
and  ceded  to  the  United  States  of  America,  but  upon  the 
express  condition  that  the  commonwealth  shall  retain  con- 
current jurisdiction  with  the  United  States  of  America  in 
and  over  the  land  so  acquired,  in  so  far  that  all  civil  processes, 
and  such  criminal  processes  as  may  issue  under  the  authority 
of  the  commonwealth  against  any  person  or  persons  charged 
with  crimes  committed  without  said  land  and  all  processes 
for  the  collection  of  taxes  levied  under  authority  of  the  laws 
of  the  commonwealth,  including  the  service  of  warrants, 
may  be  executed  thereon  in  the  same  manner  as  though  this 
consent  and  cession  had  not  been  granted;  and  exclusive 
jurisdiction  over  any  such  land  or  any  part  thereof  shall  revest 
in  the  commonwealth  whenever  it  shall  cease  to  be  used  by 
the  United  States  for  the  purposes  specified  in  section  one. 

Approved  August  12,  1939. 


Acts,  1939.  —  Chap.  464.  631 


An  Act  authorizing  cities  and  towns  to  fund  their  ChavA64: 

SHARES  of  the  DEFICIT  IN  THE  AMOUNTS  ASSESSED  UPON 
THEM  FOR  STATE  TAX  PURPOSES  IN  NINETEEN  HUNDRED 
AND    THIRTY-EIGHT. 

Whereas,    The  deferred  operation  of  this  act  would  tend  preambi"?^ 
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.  Any  city  or  town,  by  a  two  thirds  vote,  as 
defined  in  section  one  of  chapter  forty-four  of  the  General 
Laws,  and  with  the  approval  in  each  instance  of  the  mayor 
or  selectmen  and  of  the  board  established  under  section  one 
of  chapter  forty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-three,  as  amended,  may  borrow,  outside  its  debt  limit 
as  fixed  by  section  ten  of  said  chapter  forty-four,  an  amount 
which  for  such  city  or  town  shall  not  exceed  the  difference 
between  the  amount  of  that  portion  of  the  state  tax  assess- 
ment for  nineteen  hundred  and  thirty-eight  levied  upon  said 
city  or  town  and  the  amount  estimated  and  raised  for  the 
state  tax  by  the  assessors  of  such  city  or  town  in  nineteen 
hundred  and  thirty-eight,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words,  (name 
of  city  or  town)  State  Tax  Funding  Loan,  Act  of  1939.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  paid  in  not  more  than  five  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. 

Said  board  shall  fix  the  maximum  terms  of  the  bonds  or 
notes  issued  hereunder,  and  in  granting  or  withholding  its 
approval  shall  take  into  consideration,  among  other  things, 
the  disposition  made  by  the  city  or  town  or  by  the  officials 
thereof  of  funds  received  by  such  city  or  town  under  chap- 
ter five  hundred  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  and  particularly  the  amount  of  such  funds  expended 
as  a  result  of  the  storm  of  September,  nineteen  hundred  and 
thirty-eight. 

In  such  cities  and  towns  as  shall  authorize  a  loan  and 
shall  receive  the  approval  of  said  board  under  this  act,  the 
assessors  shall  deduct  from  the  amount  which  otherwise 
would  be  required  to  be  assessed  for  a  state  tax  deficit,  as 
provided  in  section  twenty-one  of  chapter  fifty-nine  of  the 
General  Laws,  as  amended  by  section  two  of  chapter  three 
hundred  and  seventy-six  of  the  acts  of  nineteen  hundred 
and  thirty-six,  the  amount  authorized  to  be  borrowed  here- 
under. 

Section  2.  The  members  of  the  board  referred  to  in 
section  one,  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- 


632 


Acts,  1939.  —  Chap.  465. 


six  of  the  acts  of  nineteen  hundred  and  thirty-three,  as 
amended. 

Section  3.  Loan  orders  or  votes  passed  by  any  city  or 
town  under  the  authority  of  this  act  shall  be  deemed  to  be 
emergency  orders  or  votes  and  as  such  may  be  passed  in 
such  manner  as  is  provided  for  emergency  orders  or  votes 
in  the  charter,  ordinances  or  by-laws  of  such  city  or  town; 
provided,  that  in  the  city  of  Boston  such  loan  orders  may 
be  passed  in  the  manner  provided  in  its  charter  for  loan 
orders  for  temporary  loans  in  anticipation  of  taxes. 

Approved  August  12,  1939. 


ChapAQd  An  Act  providing  workmen's  compensation  benefits 

FOR  EMPLOYEES  IN  THE  GRANITE  INDUSTRY  CONTRACTING 
SILICOSIS  AND  OTHER  OCCUPATIONAL  PULMONARY  DUST 
DISEASES. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  152, 
§§  76-85, 
inserted. 


Payments. 


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

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Chapter  one  hundred  and  fifty-two  of  the 
General  Laws,  as  amended,  is  hereby  further  amended  by 
adding  at  the  end,  under  the  caption  silicosis  and  other 

OCCUPATIONAL  PULMONARY  DUST  DISEASES,  the  ten  following 

new  sections:  —  Section  76.  The  right  to  and  habiUty  for 
and  the  amounts  of  compensation  payable  for  personal 
injuries  arising  out  of  and  in  the  course  of  emplojanent  in 
the  granite  industry  and  resulting  from  silicosis  or  other 
occupational  pulmonary  dust  disease  shall  be  subject  to  and 
governed  by  sections  seventy-seven  to  eighty-five,  inclusive, 
anything  in  this  chapter  to  the  contrary  notwithstanding. 

Section  77.  For  total  incapacity  or  death  from  sihcosis 
or  other  occupational  pulmonary  dust  disease  the  compen- 
sation payable  shall  be  as  provided  in  this  chapter,  except 
that  in  no  case  shall  the  total  compensation  payable  for 
incapacity  or  death,  or  for  incapacity  and  death  in  the 
aggregate,  exceed  the  sum  of  three  thousand  dollars.  Com- 
pensation shall  not  be  payable  for  partial  incapacity  due  to 
sihcosis  or  other  occupational  pulmonary  dust  disease;  pro- 
vided, that  during  a  transitory  period,  commencing  with  the 
effective  date  of  this  section,  or,  in  case  the  employer  at  such 
date  is  an  insured  person  as  defined  in  paragraph  (6)  of 
section  one,  commencing  with  the  date  since  when  he  has 
continuously  been  such  an  insured  person,  the  total  com- 
pensation payable  for  incapacity  or  death  or  both  shall  be 
further  limited  as  follows:  —  If  incapacity  occurs,  or,  in 
case  of  no  claim  for  prior  incapacity,  if  death  occurs,  in  the 
first  calendar  month  of  such  transitory  period,  the  total 
compensation  payable  shall  not  exceed  the  sum  of  five 
hundred  dollars.    If  incapacity  occurs,  or,  in  case  of  no  claim 


Acts,  1939.  —  Chap.  465.  633 

for  prior  incapacity,  if  death  occurs,  in  the  next  calendar 
month,  the  total  compensation  payable  shall  not  exceed  the 
sum  of  five  hundred  and  fifty  dollars.  Thereafter  the  limit 
on  the  total  compensation  payable  for  incapacity  or  death, 
or  both,  shall  increase  at  the  rate  of  fifty  dollars  per  month, 
such  total  in  each  case  to  be  hmited  pursuant  to  the  foregoing 
formula  according  to  the  month  in  which  incapacity  occurs, 
or,  in  case  of  no  claim  for  prior  incapacity,  in  which  death 
occurs,  such  progressive  increase  to  continue  until  the  fixed 
maximum  limit  of  three  thousand  dollars  is  reached.  For 
the  purposes  of  this  section:  —  (1)  where  a  business  is  carried 
on  by  an  employer  who  is  an  insured  person,  the  employer 
shall  be  deemed  to  remain  the  same  insured  person,  not- 
withstanding any  change  in  the  employer's  personnel  or 
form  of  organization,  so  long  as  the  business  remains  sub- 
stantially the  same  and  is  carried  on  at  or  about  the  same 
place,  and,  to  a  substantial  degree,  under  the  same  manage- 
ment; (2)  where  an  employer,  who  is  an  insured  person,  by 
purchase  or  otherwise  succeeds  to  the  ownership  of  the 
business  of  another  insured  person,  he  shall  be  deemed  to 
have  been  continuously  an  insured  person  with  respect  to 
all  employments  in  his  newly  acquired  business;  and  (3) 
where  two  or  more  businesses,  carried  on  by  two  or  more 
employers,  are  merged  or  consolidated,  otherwise  than  as 
specified  in  clauses  (1)  and  (2),  the  employer  who  thereupon 
becomes  the  owner  of  the  consolidated  business  shall  be 
deemed  to  have  been  continuously  an  insured  person  with 
respect  to  all  employments  in  such  consoHdated  business, 
from  the  earhest  date  any  emploj^er,  who  was  a  party  to 
such  merger  or  consolidation,  had  been  an  insured  person. 

Section  78.     In  cases  of  incapacity  or  death  from  silicosis  silicosis,  etc.. 
or  other  occupational  pulmonary  dust  disease  complicated  ca^ed'wth 
with  tuberculosis  of  the  lungs  compensation  shall  be  payable  tuberculosis, 
as  for  incapacity  or  death  from  silicosis  or  other  occupational 
pulmonary  dust  disease  alone. 

Section  79.  No  compensation  shall  be  payable  for  in-  Disease  must 
capacity  or  death  resulting  from  silicosis  or  other  occupa-  emproyment. 
tional  pulmonary  dust  disease  unless  such  disease  is  due  to 
the  nature  of  an  emploj^ment  in  which  the  employee  was 
engaged  for  a  period  of  one  hundred  and  eighty  days  or  more 
and  in  which  the  hazards  of  such  disease  actually  existed; 
unless  such  hazards  are  characteristic  of  and  peculiar  to  such 
employment;  unless  the  disease  was  actually  incurred  in 
such  employment;  and  unless  total  incapacity  or  death 
results  within  three  years  after  the  last  exposure  to  hazards 
of  the  disease  in  such  employment,  or,  in  case  of  death,  unless 
death  follows  continuous  total  incapacity  from  such  disease, 
commencing  within  the  period  above  limited,  for  which  com- 
pensation has  been  paid  or  awarded  or  timely  claim  made, 
and  results  within  seven  years  after  such  last  exposure. 

Section  80.     In  the  absence  of  a  preponderance  of  evidence  Period  of 
in  favor  of  the  claim,  silicosis  or  other  occupational  pulmonary  n^c^g°a?y^'**' 
dust  disease  shall  be  presumed  not  to  be  due  to  the  nature  of  to  recover. 


634 


Acts,  1939.  —  Chap.  465. 


False  repre- 
sentations by 
employee. 


Liability  of 
insurer. 


Date  of  total 
incapacity, 
how  fixed. 


Notice  of 
injury. 


any  employment  subject  to  this  chapter,  unless  during  the 
ten  years  immediately  preceding  the  date  of  total  incapacity 
the  employee  has  been  exposed  to  the  inhalation  of  silica 
or  other  harmful  dust  over  a  period  of  not  less  than  five 
years,  one  of  which  shall  have  been  in  this  commonwealth, 
under  a  contract  of  employment  in  this  commonwealth; 
provided,  that,  if  the  employee  shall  have  been  employed  by 
the  same  employer  during  the  whole  of  such  five-year  period, 
his  right  to  compensation  against  the  insurer  shall  not  be 
affected  by  the  fact  that  he  had  been  employed  during  any 
part  of  such  period  outside  of  this  commonwealth. 

Section  81.  No  compensation  shall  be  payable  for  in- 
capacity or  death  resulting  from  silicosis  or  other  occupa- 
tional pulmonary  dust  disease  if  the  employee,  at  the  time 
of  entering  into  the  employment  of  the  employer  by  whom 
or  by  whose  insurer  compensation  would  otherwise  be  pay- 
able, falsely  represented  himself  in  writing  as  not  having 
previously  been  incapacitated,  laid  off  or  compensated,  in 
damages  or  otherwise,  because  of  such  disease. 

Section  82.  When  compensation  is  payable  under  this 
chapter  for  incapacity  or  death  resulting  from  silicosis  or 
other  occupational  pulmonary  dust  disease,  the  insurer  which 
was  on  the  risk  of  the  employer,  in  whose  employment  the 
employee  was  last  exposed  to  the  hazards  of  the  disease 
during  a  period  of  sixty  days  or  more,  at  the  time  when 
the  employee  was  last  exposed  to  such  hazards,  shall  be 
liable  therefor;  and  the  notice  of  injury  or  death,  and  the 
claim  for  compensation,  as  required  by  this  chapter,  shall  be 
given  and  made  to  such  insurer  or  to  the  employer. 

Section  83.  In  case  of  continuous  incapacity  or  of  con- 
tinuous incapacity  and  death,  from  silicosis  or  other  occu- 
pational pulmonary  dust  disease,  the  date  of  total  incapacity 
shall,  for  all  purposes,  be  deemed  the  time  of  the  happening 
of  the  injury,  except  that  in  a  case  in  which  the  total  in- 
capacity is  caused  by  silicosis  or  other  occupational  pul- 
monary dust  disease,  and  in  which  the  total  incapacity  does 
not  occur  until  after  the  last  employment  in  which  the 
employee  was  exposed  to  the  hazard  of  silicosis  or  other 
occupational  pulmonary  dust  disease,  and  in  which  the 
subsequent  employment,  if  any,  bears  no  causal  relation 
to  the  total  incapacity,  the  time  of  the  injury  shall  be  deemed 
to  be  the  last  time  the  employee  was  exposed  to  the  hazards 
of  silicosis  or  other  occupational  pulmonary  dust  disease.  If 
the  date  of  such  incapacity  be  controverted  and  cannot  be 
exactly  fixed  scientifically,  the  medical  referees,  or  a  majority 
of  them,  shall  fix  the  most  probable  date,  having  regard  to 
all  the  circumstances  of  the  case. 

Section  84-  No  proceedings  for  compensation  for  in- 
capacity or  death  from  silicosis  or  other  occupational  pul- 
monary dust  disease  shall  be  maintained  unless  notice  of 
injury,  and,  if  death  results,  also  of  death,  and  claim  for 
compensation  therefor,  be  given  and  made  as  required  in 
this  chapter. 


Acts,  1939.  —  Chap.  466.  635 


Section  85.     The  insurance  to  be  provided  by  an  employer  separate 
for  the  payment  to  his  employees  of  the  compensation  herein-  '°s'"^"'=^- 
before  provided  for  injuries  resulting  from  silicosis  or  other 
occupational  pulmonary  dust  disease  may  be  separate  and 
distinct  from  the  insurance  to  be  provided  for  the  payment 
of  compensation  for  all  other  injuries  covered  by  this  chapter. 

Section  2.     Said  chapter  one  hundred  and  fifty-two  is  aL.cxer. 
hereby  further  amended  by  inserting  after  section  fifty-two,  §  52A,  inserted, 
as  appearing  in  the  Tercentenary  Edition,  the  following  new 
section :  —  Section  52 A .     No   insurance   company   shall   be  classification 
authorized  nor  continue  to  transact  business  in  this  com-  prenfums"*^ 
monwealth  under  subdivision  (e)  of  clause  Sixth  of  section 
forty-seven  of  chapter  one  hundred  and  seventy-five  unless 
and  until  it  shall  file  with  the  commissioner  of  insurance  an 
agreement  in  writing  that  it  will  submit  in  its  classifications 
of  risks  and  premiums  for  the  approval  of  the  commissioner 
under  the  preceding  section  a  proposed  premium  for  insur- 
ance for  the  benefits  provided  by  sections  seventy-six  to 
eighty-five,  inclusive,  which  premium,  for  the  first  year  in 
which  it  is  to  apply,  shall  not  be  in  excess  of  six  per  cent  of 
the  pay  roll  of  an  employer  in  the  granite  industry  entitled 
to  such  insurance,   whose  employees   are  exposed   to   the 
hazards  of  silicosis  or  other  occupational  pulmonary  dust 
disease   and  for  whom   limited   benefits   are   provided   by 
sections  seventy-six  to  eighty-five,  inclusive. 

Section  3.     Said  chapter  one  hundred  and  fifty-two  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  sixty-five,  feJjeS 
as  most  recently  amended  by  chapter  three  hundred  and  amended.' 
ninety-four  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
and  inserting  in  place  thereof  the  following:  —  Section  65.  Special  fund. 
For  every  case  of  personal  injury  resulting  in  death  covered 
by  this  chapter,  except  silicosis  or  other  occupational  pul- 
monary dust  disease,  when  there  are  no  dependents,  the 
insurer  shall  pay  into  the  treasury  of  the  commonwealth 
one  thousand  dollars.     Such  payments  shall  constitute  a 
special  fund  in  the  custody  of  the  state  treasurer,  who  shall 
make  payments  therefrom  upon  the  written  order  of  the 
department  for  the  purposes  set  forth  in  section  thirty-seven. 

Section  4.     This  act  shall  not  apply  to  cases  of  incapacity  Application 
or  death  resulting  from  silicosis  or  other  occupational  pul-  °^  ^''*' 
monary  dust  disease  in  which  the  last  exposure  to  the  hazards 
of  such  disease  occurred  before  the  effective  date  of  this  act. 

Approved  August  12,  1939. 

An  Act  authorizing  the  town  of  northfield  to  bor-  nhaj.  Aaa 
ROW  money  for  the  purpose  of  remodeling  and  pur-  ^  * 

chasing   equipment   for  the   high   school   building, 
and  validating  the  action  of  a  town  meeting  of  said 

town   in   CONNECTION   THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  remodeling  and  purchas- 
ing equipment  for  the  high  school  building  in  the  town  of 
Northfield,  said  town  may  borrow  from  time  to  time,  within 


636 


Acts,  1939.  —  Chap.  467. 


a  period  of  five  years  from  the  passage  of  this  act,  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
fourteen  thousand  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words,  North- 
field  High  School  Building  Loan,  Act  of  1939.  Each  author- 
ized issue  shall  constitute  a  separate  loan,  and  such  loans 
shall  be  paid  in  not  more  than  three  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,  exclu- 
sive of  the  limitation  contained  in  the  first  paragraph  of 
section  seven  thereof. 

Section  2.  The  action  of  the  inhabitants  of  the  town 
of  Northfield,  at  its  annual  town  meeting  in  the  current 
year,  in  voting  to  appropriate  twenty-one  thousand  dollars, 
of  which  sum  seven  thousand  dollars  was  to  be  raised  in 
the  tax  levy  of  the  current  year  and  fourteen  thousand  dol- 
lars to  be  borrowed,  to  provide  money  to  remodel  and  pur- 
chase equipment  for  the  high  school  building  in  said  town 
is  hereby  ratified  and  confirmed,  and  shall  have  the  same 
effect  and  validity  as  if  section  one  of  this  act  had  been  in 
effect  prior  to  said  vote. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 
Approved  August  12,  1939. 


ChapAQ7 


G.  L.  (Ter. 
Ed.).  57,  §  4, 
amended. 


Representa- 
tives appor- 
tioned to  the 
several 
counties. 


An  Act  apportioning  representatives  to  the  several 
counties  of  the  commonwealth  and  establishing 
boards  of  special  commissioners  to  divide  such  coun- 
ties as  are  entitled  to  more  than  one  representa- 
tive into  representative  districts  and  to  assign 
representatives  thereto. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-seven  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  four,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following :  —  Section  4-  The  two  hundred  and  forty 
members  of  the  house  of  representatives  are  apportioned  to 
the  several  counties,  as  existing  at  the  time  as  of  which 
the  special  enumeration  of  legal  voters  in  the  municipaUties 
thereof  was  taken  in  the  year  nineteen  hundred  and  thirty- 
five,  agreeably  to  the  constitution,  until  the  next  decennial 
apportionment,  as  follows: 


County. 

Number 
of  Repre- 
sentatives. 

Count  r. 

Number 
of  Repre- 
sentatives. 

Barnstable 
Berkshire 
Bristol       . 
Dukes       . 
Essex 
Franklin    . 
Hampden 
Hampshire 

2 

7 
18 

1 
30 

3 
18 

4 

Middlesex 
Nantucket 
Norfolk   (excluding  Cohas- 

set)        .... 
Plymouth  (including  Cohas- 

set)         .... 
Suffolk      .... 
Worcester 

54 
1 

19 

10 

46 
27 

Acts,  1939.  —  Chap.  467.  637 

Section  2.  In  each  county  of  the  commonwealth,  ex-  Boards  of^ 
cept  the  counties  of  Dukes  and  Nantucket,  there  is  hereby  mfssioners""' 
estabhshed  a  bi-partisan  board  of  special  commissioners  to 
divide  such  county,  as  existing  at  the  time  as  of  which  the 
special  enumeration  of  legal  voters  in  the  municipalities 
thereof  was  taken  in  the  year  nineteen  hundred  and  thirty- 
five,  into  representative  districts  and  to  assign  representa- 
tives thereto,  which  board  shall  consist  of  five  persons,  resi- 
dents of  the  county,  to  be  appointed  by  the  governor  as 
soon  as  may  be  after  the  effective  date  of  this  act;  pro- 
vided, that  for  all  purposes  of  said  division  and  assignment 
the  town  of  Cohasset,  in  the  county  of  Norfolk,  shall  be 
considered  a  part  of  the  county  of  Plymouth.  As  soon  as 
may  be  after  the  quahfication  of  its  members,  each  such 
board  shall  organize  by  the  choice  of  one  member  as  chair- 
man and  by  the  appointment  of  a  secretary,  and  shall  notify 
the  state  secretary  of  the  address  to  which  to  send  the  cer- 
tification required  to  be  made  by  him  under  Article  XXI  of 
the  Amendments  of  the  constitution,  as  appearing  in  Article 
LXXI  of  said  Amendments.  In  the  county  of  Suffolk,  such 
board  shall  assemble  in  Boston,  and  in  each  such  county 
other  than  Suffolk  the  board  shall  assemble  at  a  shire  town 
of  its  county,  within  the  time  required  by  said  Article  XXI, 
as  so  appearing,  shall  proceed  to  divide  such  county  into 
representative  districts,  and  shall  assign  representatives 
thereto,  in  accordance  with  said  Article,  and  shall  make 
return  thereof  as  therein  required,  and,  in  addition,  to  the 
registrars  of  voters  or  other  body  having  similar  powers  and 
duties  in  each  city  and  town  in  such  county,  as  soon  as 
may  be.  Each  such  county,  except  Suffolk,  and  in  Suffolk 
county  the  city  of  Boston,  shall  provide  the  board  for  such 
county  with  a  suitable  oflfice  and  room  for  hearings.  Each 
such  board  may  expend  for  the  services  of  a  secretary  and 
for  clerical  assistance,  stationery,  travel  and  other  incidental 
expenses,  such  sum  or  sums,  not  exceeding,  in  the  aggre- 
gate, five  hundred  dollars,  as  may  be  approved  by  the  gov- 
ernor and  council.  Bills  for  said  expenses  shall  be  approved 
by  a  majority  of  the  members  of  the  board  and  transmitted 
to  the  comptroller  for  certification.  Expenses  so  incurred 
shall  be  paid  in  the  first  instance  by  the  commonwealth,  sub- 
ject to  appropriation,  and,  within  thirty  days  following  the 
close  of  the  fiscal  year  of  the  commonwealth  during  which 
any  such  bill  for  expenses  shall  be  so  approved  and  trans- 
mitted, the  comptroller  shall  certify  to  the  state  treasurer 
the  amount  thereof  so  paid  in  each  county  where  any  such 
expense  has  been  incurred.  Said  treasurer  shall  forthwith 
certify  to  the  county  commissioners  of  each  such  county, 
except  Suffolk,  a  sum  equal  to  the  amount  so  paid  therein 
and  said  commissioners,  upon  receipt  of  the  certificate  of 
said  treasurer,  shall  levy  the  same  as  a  part  of  the  county 
tax  for  the  next  succeeding  year  in  addition  to  any  amounts 
otherwise  authorized  by  the  general  court.  The  county 
commissioners,   except   in   Suffolk   county,   shall  forthwith 


638 


Acts,  1939.  —  Chap.  468. 


Jurisdiction 
of  court. 


Effective 
date. 


issue  an  order  on  the  county  treasurer  for  the  payment  of 
the  said  sum  and  the  county  treasurer  shall  forthwith  make 
payment  thereof  to  said  state  treasurer  from  any  available 
funds.  The  state  treasurer  shall  also,  forthwith  upon  re- 
ceipt of  the  certificate  as  aforesaid  from  the  comptroller, 
certify  to  the  city  of  Boston  a  sum  equal  to  the  amount  so 
paid  in  Suffolk  county  and  said  city  shall,  upon  receipt  of 
said  certificate  of  the  state  treasurer,  make  payment  of  said 
sum  to  the  state  treasurer  from  any  available  funds  in  the 
treasury  of  the  city  of  Boston. 

Section  3.  The  supreme  judicial  court  shall  have  juris- 
diction of  any  petition  for  a  writ  of  mandamus  relative  to 
the  division  of  a  county  into  representative  districts  and 
the  assignment  of  representatives  thereto  under  section  two 
of  this  act.  Every  such  petition  shall  be  filed  in  court  within 
thirty  days  after  the  filing  of  the  report  of  such  division  and 
assignment,  unless  the  court,  for  cause  shown,  extends  the 
time. 

Section  4.  This  act  shall  take  effect  upon  its  passage; 
and  the  existence  of  each  board  estabHshed  by  section  two 
hereof  shall  terminate  when  the  purposes  for  which  such 
board  was  so  established  have  been  fully  accomplished. 

Approved  August  12,  1939. 


ChapAQS  An  Act  providing  for  the  inclusion  within  the  pro- 
visions OF  the  workmen's  compensation  law  of  cer- 
tain employees  of  cities  and  towns  engaged  in  work 
being  done  under  a  contract  with  the  state  de- 
partment of  public  works. 
Eme^ency  Whereas,    The  deferred  operation  of  this  act  would  tend 

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

an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  pubHc  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  sixty-nine  of  chapter  one  hundred  and  fifty-two 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
four  hundred  and  thirty-five  of  the  acts  of  the  current  year, 
is  hereby  further  amended  by  striking  out  the  last  sentence 
and  inserting  in  place  thereof  the  following  sentence :  — 
The  terms  laborers,  workmen  and  mechanics,  as  used  in 
sections  sixty-eight  to  seventy-five,  inclusive,  shall  include 
all  employees  of  any  such  city  or  town,  except  members  of 
a  police  or  fire  force,  who  are  engaged  in  work  being  done 
under  a  contract  with  the  state  department  of  public  works, 
and  shall  include  other  employees  except  members  of  a 
police  or  fire  force,  regardless  of  the  nature  of  their  work,  of 
the  commonwealth  or  of  any  such  county,  city,  town,  dis- 
trict or  county  tuberculosis  hospital  district,  to  such  extent 
as  the  commonwealth  or  such  county,  city,  town  or  district, 
acting  respectively  through  the  governor  and  council,  county 


G.  L.  (Ter. 
Ed.),  152, 
§  69,  etc., 
amended. 


"Laborers", 
etc.,  defined. 


Acts,  1939.  —  Chap.  469.  639 

commissioners,  city  council,  the  qualified  voters  in  a  town  or 
district  meeting,  or  the  trustees  of  such  county  tuberculosis 
hospital  district,  shall  determine,  as  evidenced  by  a  writing 
filed  with  the  department.  Approved  August  12,  1939. 

An  Act  further  regulating  the  expenditures  by  mu-  qJi^^  4g9 

NICIPALITIES   OF  THE  COMMONWEALTH   OF  A  CERTAIN  FOR-  ^' 

TION    of   THE   HIGHWAY   FUND. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  thirty-two  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking  out,  in  the 
twenty-fourth  and  twenty-fifth  fines,  the  words  "signals, 
traffic  policing  and  maintenance  of  street  lighting",  —  and 
inserting  in  place  thereof  the  following:  —  signals  and  traffic 
poficing,  —  so  as  to  read  as  follows :  —  There  shaU  be  paid, 
without  further  appropriation,  from  the  Highway  Fund  as 
early  as  may  be  in  each  of  the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred  and  forty  to  the  cities 
and  towns  of  the  commonwealth  the  sum  of  nine  million  six 
hundred  thousand  doUars.  Payments  of  said  sums  to  each 
city  and  town  shall  be  at  the  rate  of  fifty  dollars  for  each 
mile  of  pubHc  ways  therein  other  than  state  highways  and 
roads  under  the  control  of  the  metropolitan  district  com- 
mission, and  the  balance  remaining  after  payments  as  afore- 
said shall  be  paid  to  the  cities  and  towns  in  proportion  to 
the  amounts  for  which  they  were  respectively  assessed  for 
the  state  tax  of  the  year  nineteen  hundred  and  thirty-eight. 
Payments  to  a  city  or  town  hereunder  in  proportion  to  its 
mileage  of  public  ways  shall  be  based  on  the  mileage  certi- 
fied to  the  commissioner  of  corporations  and  taxation  by 
the  mayor  or  selectmen  thereof  and  approved  by  the  state 
department  of  public  works.  The  sums  received  by  each 
city  or  town  hereunder  shall  be  expended  only  for  local 
highway  purposes,  including  construction,  reconstruction, 
maintenance  and  repair  of  local  roads,  streets  and  highways 
other  than  state  highways,  and  of  surface  drainage  works, 
sidewalks,  curbings  and  bridges,  removal  of  snow,  installa- 
tion and  maintenance  of  traffic  lights,  signs  and  signals  and 
traffic  policing.  Cities  and  towns  in  the  metropolitan  parks 
district  may  apply,  to  the  extent  deemed  necessary,  sums 
received  hereunder  to  the  payment  of  their  respective  as- 
sessments in  the  year  of  receipt  for  the  construction  and 
maintenance  of  parkways  and  boulevards  under  the  juris- 
diction of  the  metropoHtan  district  commission.  Said  sums 
received  by  each  city  or  town  hereunder  shall,  in  the  year 
of  receipt,  be  included  by  the  assessors  thereof  as  an  esti- 
mated receipt  and  deducted  from  the  amount  required  to  be 
raised  by  taxation  to  meet  appropriations  made  in  that  year 
for  highway  purposes.  Said  sums  may  be  expended  by  a  city 
or  town  for  the  purposes  aforesaid  in  addition  to  federal 
funds,  if  any,  allocated  to  such  city  or  town  and  available  for 
such  expenditure.  Approved  August  12,  1939. 


640 


Acts,  1939.  —  Chaps.  470,  471. 


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


Authority 
to  sell,  of 
receivers,  etc. 


ChapA70  An  Act  making  the  laws  relating  to  alcoholic  bev- 
erages APPLICABLE  TO  RECEIVERS  AND  TRUSTEES  IN  CER- 
TAIN  INSTANCES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  one  hundred  and 
thirty-eight  of  the  General  Laws,  as  most  recently  amended 
by  section  two  of  chapter  four  hundred  and  forty  of  the 
acts  of  nineteen  hundred  and  thirty-five,  is  hereby  further 
amended  by  striking  out  the  first  sentence  and  inserting  in 
place  thereof  the  following:  —  No  person  shall  manufacture, 
with  intent  to  sell,  sell  or  expose  or  keep  for  sale,  store, 
transport,  import  or  export  alcoholic  beverages  or  alcohol, 
except  as  authorized  by  this  chapter;  but  the  provisions  of 
this  chapter  shall  not  apply  to  sales,  storage  or  transporta- 
tion by  a  person  or  pubHc  officer  under  a  provision  of  law 
which  requires  him  to  sell  personal  property,  or  to  sales, 
storage  or  transportation  by  executors,  administrators,  re- 
ceivers and  trustees  duly  authorized  by  proper  judicial  order 
or  decree,  except  that  any  receiver  or  trustee  in  bankruptcy 
or  otherwise  appointed  by  any  court,  who  is  authorized  by 
said  court  to  conduct  in  whole  or  in  part  any  business, 
authority  to  grant  a  Hcense  for  which  is  given  by  section 
eighteen,  nineteen  or  seventy-six,  or  who  does  conduct  any 
such  business  in  whole  or  in  part,  shall  be  subject  to  all 
provisions  of  said  sections  and  to  all  other  provisions  of  this 
chapter  applicable  to  such  business  the  same  as  if  it  were 
conducted  by  an  individual  or  corporation. 

Section  2.  Section  twenty-three  of  said  chapter  one 
hundred  and  thirty-eight,  as  amended,  is  hereby  further 
amended  by  adding  at  the  end  of  the  next  to  the  last  para- 
graph, as  appearing  in  section  twenty-three  of  chapter  four 
hundred  and  forty  of  the  acts  of  nineteen  hundred  and 
thirty-five,  the  following  new  sentence :  —  In  case  of  the 
appointment  of  a  receiver  or  trustee  in  bankruptcy  or  other- 
wise of  a  licensee  under  section  eighteen,  nineteen  or  seventy- 
six,  such  license,  unless  earlier  surrendered,  revoked  or  can- 
celled, shall  authorize  such  receiver  or  trustee  to  exercise  all 
authority  conferred  on  such  licensee  until  the  termination 
thereof.  Approved  August  12,  1939. 


G.  L.  (Ter. 
Ed.),  138, 
I  23,  etc., 
amended. 


Same  subject. 


Chap  All  An  Act  to  continue  the  Massachusetts  commission  on 

APPRENTICE   training    FOR   TWO    MORE   YEARS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  forty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-eight  is  hereby  amended  by  strik- 
ing out  section  seven  and  inserting  in  place  thereof  the  fol- 
lowing :  —  Section  7.  This  act  shall  become  inoperative  and 
the  commission  shall  cease  to  exist  on  December  first,  nine- 
teen hundred  and  forty-one.       Approved  August  12,  1939. 


Acts,  1939.  —  Chap.  472.  641 


An  Act  relative  to  the  rehabilitation,  conservation  ChapA72 

AND     liquidation     OF    CERTAIN    DOMESTIC    AND     FOREIGN 
INSURERS. 

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  pubhc  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  one  hundred  and  Edo.'mT' 
seventy-five  of  the  General  Laws,  as  most  recently  amended  §  e,  etc., ' 
by  section  three  of  chapter  one  hundred  and  seven  of  the  ^™®° 
acts  of  nineteen  hundred  and  thirty-three,  is  hereby  further 
amended  by  striking  out,  in  the  twenty-ninth  to  the  forty- 
fourth  lines,  both  inclusive,  the  words  "or,  if  he  is  satisfied 
that  any  domestic  company  has  exceeded  its  powers  or  has 
violated  any  provision  of  law,  or  that  the  amount  of  its 
funds,  insurance  in  force  or  premiums  or  number  of  risks  is 
deficient  or  that  its  guaranty  capital  under  section  ninety 
B  or  its  guaranty  fund  under  section  ninety  C  is  impaired, 
as  set  forth  in  sections  twenty-three,  seventy-four,  ninety- 
three  D  and  one  hundred  and  sixteen,  he  may,  apply  to  the 
supreme  judicial  court  for  an  injunction  restraining  it  in 
whole  or  in  part  from  further  proceeding  with  its  business. 
The  court  may  issue  a  temporary  injunction  forthwith  and 
may  after  a  full  hearing  make  the  injunction  permanent  and 
may  appoint  one  or  more  receivers  to  take  possession  of  the 
property  and  effects  of  the  company  and  to  settle  its  affairs, 
subject  to  such  rules  and  orders  as  the  court  may  prescribe," 
and  inserting  in  place  thereof  the  words:  —  except  as  pro-  Liquidation, 
vided  in  section  one  hundred  and  eighty  B  or  one  hundred  fns;^ancT*^'" 
and  eighty  C,  or,  if  he  is  satisfied  that  any  domestic  com-  companies, 
pany  has  exceeded  its  powers  or  has  violated  any  provision 
of  law,  or  that  the  amount  of  its  funds,  insurance  in  force  or 
premiums  or  number  of  risks  is  deficient  or  that  its  guaranty 
capital  under  section  ninety  B  or  its  guaranty  fund  under 
section  ninety  C  is  impaired,  as  set  forth  in  sections  twenty- 
three,  seventy-four,  ninety-three  D  and  one  hundred  and 
sixteen,  he  may,  apply  to  the  supreme  judicial  court  for  an 
injunction  restraining  it  in  whole  or  in  part  from  further 
proceeding  with  its  business  and  for  the  appointment  of  a 
receiver  or  receivers.  The  court  may  issue  a  temporary 
injunction  and  appoint  one  or  more  temporary  receivers 
forthwith,  and  it  may  after  a  full  hearing  make  the  injunc- 
tion permanent  and  appoint  one  or  more  permanent  receivers 
to  take  possession  of  all  the  property  and  effects  of  the  com- 
pany, to  settle  its  affairs,  and  to  distribute  its  assets,  subject 
to  such  rules  and  orders  as  the  court  may  prescribe.  In  the 
case  of  a  domestic  company  transacting  business  in  any 
other  reciprocal  state,  as  defined  in  section  one  hundred  and 
eighty  A,  the  commissioner,  instead  of  proceeding  under 


642 


Acts,  1939.  —  Chap.  472. 


this  section,  may  institute  a  proceeding  under  section  one 
hundred  and  eighty  B  or  one  hundred  and  eighty  C,  —  and 
by  inserting  after  the  first  paragraph  the  following  new 
paragraph:  — 

At  any  time  during  the  pendency  of  a  proceeding  under 
this  section  against  a  domestic  company  transacting  business 
in  any  other  reciprocal  state,  as  defined  as  aforesaid,  for  any 
cause  other  than  that  the  company  has  exceeded  its  powers 
or  has  violated  any  provision  of  law,  the  commissioner  may 
make  application  to  the  court  for  the  termination  of  said 
proceeding  and  for  his  appointment  as  receiver  to  rehabili- 
tate or  liquidate  the  company  as  provided  in  and  subject  to 
section  one  hundred  and  eighty  B  or  section  one  hundred 
and  eighty  C.  The  court  may,  after  due  notice  and  a  full 
hearing,  grant  such  application  and  appoint  the  commis- 
sioner as  receiver,  and  thereupon  he  shall  proceed  in  like  man- 
ner as  in  a  rehabilitation  or  liquidation  proceeding  instituted 
under  said  section  one  hundred  and  eighty  B  or  one  hun- 
dred and  eighty  C. 
EdV'  17^'  Section  2.     Section  one  hundred  and  seventy-nine  of  said 

§  179.  amended,  chapter  One  hundred  and  seventy-five,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  adding  at  the 
Effect  of  end  the  following  new  sentence :  —  Nothing  contained  in 

certain  sections,  ^^iis  section  shall  affect  any  provision  of  sections  one  hundred 
and  eighty  A  to  one  hundred  and  eighty  L,  inclusive. 

Section  3.  Said  chapter  one  hundred  and  seventy-five 
is  hereby  further  amended  by  striking  out  section  one  hun- 
dred and  eighty  A,  as  so  appearing,  and  inserting  in  place 
thereof  the  twelve  following  new  sections,  under  the  caption 
"the  rehabilitation,  conservation  and  liquidation  of 

CERTAIN  domestic  AND  FOREIGN  INSURERS":  — 

Section  180 A.  The  following  words  as  used  in  sections 
one  hundred  and  eighty  A  to  one  hundred  and  eighty  L, 
inclusive,  unless  the  context  otherwise  requires  or  a  different 
meaning  is  specifically  prescribed,  shall  have  the  following 
meanings :  — 

"State"  means  any  state  of  the  United  States,  and  also 
the  District  of  Columbia,  Alaska,  Hawaii  and  Puerto  Rico. 

"Domicihary  state"  means  the  state  in  which  an  insurer 
is  incorporated  or  organized,  or,  in  the  case  of  an  insurer 
incorporated  or  organized  in  a  foreign  country,  the  state  in 
which  such  insurer,  being  authorized  to  do  business  in  such 
state,  has  its  principal  office  at  the  commencement  of  re- 
habilitation, conservation  or  liquidation  proceedings;  and 
any  such  insurer  shall  be  deemed  to  be  domiciled  in  such 
state. 

"Foreign  country"  means  territory  not  in  any  state. 

"General  assets"  means  all  property,  real,  personal  or 
mixed,  not  specifically  mortgaged,  pledged,  deposited  or 
otherwise  encumbered  for  the  security  or  benefit  of  specified 
persons  or  a  limited  class  or  classes  of  persons;  and  as  to  such 
specifically  encumbered  property  such  term  includes  all  such 
property  or  its  proceeds  in  excess  of  the  amount  necessary 


G.  L.  (Ter. 
Ed.),  175, 
§180Atol80L, 
inserted. 


Definitions. 


Acts,  1939.  —  Chap.  472.  643 

to  discharge  the  sum  or  sums  secured  thereby.  Assets  held 
in  trust  and  assets  held  on  deposit  for  the  security  or  benefit 
of  all  policyholders,  or  all  policyholders  and  creditors  in  the 
United  States,  shall  be  deemed  general  assets. 

"Reciprocal  state"  means  any  other  state  in  which  pro- 
visions of  like  substance  and  effect  with  sections  one  hundred 
and  eighty  A  to  one  hundred  and  eighty  L,  inclusive,  are  in 
force. 

"Secured  claim"  means  any  claim  secured  by  mortgage, 
trust,  deed,  pledge,  deposit  as  security,  escrow  or  otherwise, 
and  does  not  include  special  deposit  claims  or  claims  against 
general  assets.  Said  term  also  includes  claims  which  more 
than  four  months  prior  to  the  commencement  of  liquidation 
proceedings  in  the  state  of  the  insurer's  domicile  have  be- 
come liens  upon  specific  assets  by  virtue  of  judicial  process. 

"Special  deposit  claim"  means  any  claim  secured  by  a 
deposit  of  a  fund,  property  or  bond,  which  deposit  has  been 
made  pursuant  to  law  for  the  security  or  benefit  of  a  limited 
class  or  classes  of  persons  and  does  not  include  any  general 
assets. 

Section  180B.  The  commissioner  may  institute  a  rehabili-  J.^'ceedings"'' 
tation  proceeding  against  a  domestic  company  transacting 
business  in  any  other  reciprocal  state  for  any  cause  specified 
in  section  six,  other  than  that  the  company  has  exceeded  its 
powers  or  has  violated  any  provision  of  law,  by  making 
application  to  the  supreme  judicial  court  for  his  appointment 
as  receiver  to  rehabilitate  such  company  and  conserve  its 
assets.  The  court  may  on  such  application  issue  a  temporary 
injunction  restraining  the  company  in  whole  or  in  part  from 
further  proceeding  with  its  business  and  may  appoint  the 
commissioner  as  temporary  receiver  forthwith,  and,  after 
due  notice  and  a  full  opportunity  to  be  heard,  may  appoint 
the  commissioner  as  permanent  receiver  and  authorize  him 
to  take  possession  of  all  the  property  and  effects  of  the  com- 
pany and  to  conduct  its  business  for  the  pm-pose  of  rehabilitat- 
ing it  by  taking  such  measures  as  may  be  proper  to  eliminate 
the  causes  and  the  conditions  which  caused  the  institution  of 
such  proceeding,  subject  to  the  order  of  the  court,  or  may 
dismiss  the  petition. 

The  receiver  may  at  any  time  make  appKcation  to  the 
court  for  the  termination  of  a  proceeding  under  this  section 
and  for  the  return  to  the  company  of  all  its  property  and 
effects,  with  authority  to  resume  the  conduct  of  its  business. 
The  court,  if  satisfied  after  due  notice  and  a  full  hearing 
that  the  purposes  of  the  proceeding  have  been  substantially 
accomphshed,  shall  grant  such  appHcation. 

In  any  rehabilitation  proceeding  the  court  may  authorize 
the  receiver  to  employ  such  counsel  and  other  assistants  as 
may  be  necessary  for  the  proper  conduct  of  such  proceed- 
ing. The  compensation  of  such  counsel  and  assistants  and 
all  other  necessary  expenses  of  conducting  such  proceeding 
shall  be  paid  out  of  the  funds  or  assets  of  the  insurer  in  the 
possession  of  the  receiver. 


644 


Acts,  1939.  —  Chap.  472. 


Liquidation. 


Receiver  to 
give  notice 
to  policy- 
holders. 


Ancillary 
receiver  of 
foreign  com- 
pany. 


Section  180C.  If  the  commissioner  deems  that  a  domes- 
tic company  which  is  the  subject  of  a  rehabihtation  pro- 
ceeding under  section  one  hundred  and  eighty  B,  or  which 
may  properly  be  the  subject  of  such  a  proceeding  for  any 
cause  referred  to  in  said  section,  hereinafter  referred  to  as 
the  company,  is  insolvent  and  that  it  should  be  liquidated, 
he  may  make  application  to  the  court  for  a  decree  author- 
izing him  to  Hquidate  the  company.  The  court,  after  notice 
to  all  known  creditors  and  stockholders  of  the  company  and 
a  full  hearing,  may  order  its  liquidation  and  appoint  the 
commissioner  as  permanent  receiver  thereof.  The  pertinent 
provisions  of  section  six  and  of  section  one  hundred  and 
eighty  B  shall  apply  in  case  of  any  apphcation  under  this 
section. 

Upon  the  entry  of  a  decree  ordering  Uquidation  of  a  com- 
pany the  receiver  shall  proceed  forthwith  to  liquidate  the 
business  thereof.  Subject  to  the  approval  of  the  court,  he 
may  sell  or  otherwise  dispose  of  the  real  and  personal  prop- 
erty, or  any  part  thereof,  and  sell  or  compromise  all  choses 
in  action,  of  the  company.  He  shall  endeavor  to  obtain  a 
proposal  from  a  solvent  company  or  companies  to  take 
over  or  assume  the  policies  of  the  company  in  whole  or  in 
part,  or  to  take  over  or  assume,  on  modified  terms,  the  ha- 
bihties  of  the  company  to  its  policyholders,  and  shall  sub- 
mit to  the  court  such  proposal  as  he  deems  best  for  the 
interest  of  the  policyholders.  He  may,  with  the  authority 
of  the  court,  which  it  may  give  if  in  its  opinion  the  best 
proposal  in  the  interest  of  the  pohcyholders  has  been  ob- 
tained, execute  such  contracts  and  make  such  assignments 
and  transfers  as  may  be  necessary  to  carry  such  proposal 
into  effect. 

The  rights  and  habilities  of  the  company  and  of  its  cred- 
itors, except  those  holding  contingent  claims,  and  of  its 
policyholders,  stockholders  or  members,  and  of  all  other 
persons  interested  in  its  assets,  shall,  unless  otherwise  or- 
dered by  the  court,  be  fixed  as  of  the  date  of  the  decree 
ordering  liquidation.  The  rights  of  claimants  holding  con- 
tingent claims  shall  be  determined  as  provided  in  sections 
one  hundred  and  eighty  G  and  one  hundred  and  eighty  H. 

Section  180D.  The  receiver  of  any  company  of  which 
this  commonwealth  is  the  domicihary  state,  appointed  un- 
der section  six,  section  one  hundred  and  eighty  B  or  section 
one  hundred  and  eighty  C,  shall,  within  twenty  days  after 
his  appointment,  give  notice  thereof  to  all  policyholders 
of  the  company  by  written  notice,  in  a  form  prescribed  by 
the  court,  sent  by  mail,  postage  prepaid,  to  the  last  address 
of  the  insured  appearing  on  the  records  of  the  company. 

Section  180E.  The  commissioner  may  apply  to  the 
supreme  judicial  court  for  a  decree  appointing  him  ancillary 
receiver  of  a  foreign  insurer  of  which  any  reciprocal  state 
other  than  this  commonwealth  is  the  domiciliary  state,  and 
authorizing  him,  in  addition  to  other  powers,  to  conserve 
its  assets  within  the  commonwealth,  upon  the  ground  that 


Acts,  1939.  —  Chap.  472.  645 

such  foreign  insurer  has  been  placed  in  the  hands  of  a  re- 
ceiver, or  that  possession  of  such  insurer  has  been  taken  by 
the  person  having  supervision  of  such  insurer  in  its  domi- 
ciliary state,  or  that  such  insurer  has  had  its  property 
sequestrated  in  its  domiciliary  state  or  any  other  state.  A 
decree  to  conserve  the  assets  of  a  foreign  insurer  shall  direct 
the  receiver  forthwith  to  take  possession  of  the  property  of 
such  insurer  in  the  commonwealth  and  to  conserve  the  same, 
subject  to  the  order  of  the  court.  The  pertinent  provisions 
of  section  six,  section  one  hundred  and  eighty  B  and  section 
one  hundred  and  eighty  C  shall  apply  in  case  of  any  applica- 
tion under  this  section. 

The  domicihary  receiver  of  an  insurer  domiciled  in  a 
reciprocal  state,  unless  the  court  shall  order  otherwise,  shall 
be  vested  with  the  title  to  all  of  the  property,  contracts  and 
rights  of  action,  and  all  of  the  books  and  records,  of  the 
insurer  located  in  this  commonwealth,  and  shall  have  the 
immediate  right  to  recover  balances  due  from  local  agents 
and  any  books  and  records  of  the  insurer  found  in  this  com- 
monwealth. He  shall  also  be  entitled  to  recover  forthwith 
and  reduce  to  possession  the  other  assets  of  the  insurer 
located  in  this  commonwealth;  provided,  that,  upon  the 
appointment  of  an  ancillary  receiver  in  this  commonwealth, 
such  ancillary  receiver  shall  during  the  ancillary  receiver- 
ship proceedings  have  the  sole  right  to  recover  and  reduce 
to  possession  such  other  assets.  The  ancillary  receiver 
shall,  as  soon  as  practicable,  liquidate  from  their  respective 
securities  such  special  deposit  claims  and  secured  claims  as 
are  approved  and  allowed  in  the  ancillary  proceedings  in 
this  commonwealth,  and,  under  the  orders  of  the  court,  shall 
pay  from  the  assets  in  his  hands  as  receiver  the  necessary 
costs  and  expenses  of  such  proceedings,  including  compen- 
sation, and  shall  transfer  all  remaining  assets  to  the  domi-  • 
ciliary  receiver.  Except  as  otherwise  provided  herein,  such 
ancillary  receiver  shall  have  the  same  powers  and  be  sub- 
ject to  the  same  duties  as  a  domiciliary  receiver  in  this 
commonwealth. 

Except  as  otherwise  provided  herein,  the  domiciliary 
receiver  of  an  insurer  domiciled  in  a  reciprocal  state  may  sue 
in  this  commonw^ealth  to  recover  any  assets  of  such  insurer 
to  which  he  may  be  entitled  under  the  laws  of  this  common- 
wealth. 

Section  180F.  In  any  liquidation  proceeding  begun  in  Proofs  of 
this  commonwealth  against  an  insurer  domiciled  in  this  non™ls?denta. 
commonwealth,  and  transacting  business  in  any  other  re- 
ciprocal state,  claimants  residing  in  a  reciprocal  state  may 
file  and  prove  claims  either  with  the  ancillary  receiver,  if  any, 
or  with  the  domiciliary  receiver;  provided,  that  all  such 
claims  shall  be  filed  on  or  before  the  last  date  fixed  by  the 
court  for  the  filing  of  claims  in  the  domiciliary  proceeding. 

In  any  such  proceeding,  contested  claims  belonging  to 
claimants  residing  in  such  reciprocal  state  either  (a)  may 
be  proved  in  this  commonwealth  under  the  law  of  this 


646 


Acts,  1939.  —  Chap.  472. 


Causes  of 
action  against 
policyholders, 


commonwealth,  or  (b),  if  ancillary  proceedings  have  been 
commenced  in  such  reciprocal  state,  may  be  proved  in  such 
ancillary  proceedings. 

Section  180G.  Where  an  insurer  has  been  adjudicated 
to  be  insolvent  by  a  decree  made  pursuant  to  section  six  or 
proo  s  o  c  aim.  gg^^j^j^  Qj^g  hundred  and  eighty  C,  any  person  who  has  a 
cause  of  action  against  an  insured  of  such  insurer  under  a 
liability  insurance  policy  issued  by  such  insurer  shall  have 
the  right  to  file  a  claim  in  the  liquidation  proceeding,  re- 
gardless of  the  fact  that  such  claim  may  be  contingent,  and 
such  claim  may  be  allowed  (a)  if  it  may  be  reasonably  in- 
ferred from  the  proof  presented  upon  such  claim  that  such 
person  would  be  able  to  obtain  a  judgment  upon  such  cause 
of  action  against  such  insured,  and  (6)  unless  the  court  for 
good  cause  shown  shall  otherwise  direct,  if  such  person  shall 
furnish  suitable  proof  that  no  further  valid  claims  against 
such  insurer  arising  out  of  his  cause  of  action  other  than 
those  already  presented  can  be  made,  and  (c)  if  the  total 
liability  of  such  insurer  to  all  claimants  arising  out  of  the 
same  act  of  its  insured  shall  be  no  greater  than  its  total 
liability  would  be  were  it  not  in  liquidation.  No  judgment 
against  such  an  insured  taken  after  the  date  of  the  entry 
of  the  liquidation  order  shall  be  considered  in  the  liquida- 
tion proceedings  as  evidence  of  liabiHty,  or  of  the  amount  of 
damages,  and  no  judgment  against  an  insured  taken  by  default 
or  by  collusion  prior  to  the  entry  of  the  liquidation  order 
shall  be  considered  as  conclusive  evidence  in  the  liquidation 
proceeding  either  of  the  liability  of  such  insured  to  such 
person  upon  such  cause  of  action  or  of  the  amount  of  dam- 
ages to  which  such  person  is  therein  entitled. 

Section  180H.  Except  as  provided  in  section  one  hun- 
dred and  eighty  G,  no  contingent  claim  shall  share  in  a 
distribution  of  the  assets  of  an  insurer  which  has  been 
adjudicated  to  be  insolvent  by  a  decree  made  pursuant  to 
section  six  or  section  one  hundred  and  eighty  C,  except 
that  such  claims  shall  be  considered,  if  properly  presented, 
and  may  be  allowed  to  share  where  (a)  such  claim  becomes 
absolute  against  the  insurer  on  or  before  the  last  day  fixed 
by  the  court  for  filing  of  proofs  of  claim  against  the  assets 
of  such  insurer,  or  (6)  there  is  a  surplus  and  the  proceeding 
in  which  the  decree  was  made  is  thereafter  conducted  upon 
the  basis  that  such  insurer  is  solvent. 

Section  1801.  If  a  liquidation  proceeding  is  commenced 
in  a  reciprocal  state  against  an  insurer  of  which  such  state 
is  the  domiciliary  state,  claimants  against  such  insurer  who 
reside  within  this  commonwealth  may  file  claims  either 
with  the  ancillary  receiver,  if  any,  appointed  in  this  com- 
monwealth or  with  the  domiciliary  receiver;  provided,  that 
all  such  claims  shall  be  filed  on  or  before  the  last  date  fixed 
by  the  court  for  the  filing  of  claims  in  the  domicihary  pro- 
ceeding. 

In  any  such  proceeding,  contested  claims  belonging  to 
claimants  residing  in  this  commonwealth  may  be  proved 


Contingent 
claims. 


Filing  of 
claims  with 
receiver. 


Acts,  1939.  —  Chap.  472.  647 

(a)  in  the  domiciliary  state  as  provided  by  the  law  of  such 
state,  or  (6),  if  ancillary  proceedings  have  been  commenced 
in  this  commonwealth,  in  such  ancillary  proceedings.  In 
the  event  that  any  such  claimant  elects  to  prove  his  claim 
in  this  commonwealth,  he  shall  file  his  claim  with  the  an- 
cillary receiver  in  the  manner  provided  by  decree  or  rule  of 
the  court  in  which  the  proceeding  is  pending  and  he  shall 
give,  or  cause  to  be  given,  notice  in  writing  to  the  receiver 
in  the  domiciliary  state,  either  by  registered  mail  or  by  per- 
sonal service.  Such  notice  shall  be  given  at  least  forty  days 
prior  to  the  date  set  for  hearing,  and  shall  contain  a  concise 
statement  of  the  amount  of  the  claim,  the  facts  on  which 
the  claim  is  based,  and  the  priorities  asserted,  if  any.  If 
the  domicihary  receiver,  within  thirty  days  after  the  giving 
of  such  notice,  shall  give  notice  in  writing  to  the  ancillary 
receiver  and  to  the  claimant,  either  by  registered  mail  or  by 
personal  service,  of  his  intention  to  contest  such  claim,  the 
domicihary  receiver  shall  be  entitled  to  appear  in  any  pro- 
ceeding in  the  commonwealth  involving  the  adjudication  of 
the  claim. 

Section  180J.  The  owners  of  special  deposit  claims  special  deposit 
against  an  insurer  for  which  a  receiver  has  been  appointed  claims. 
in  a  liquidation  proceeding  in  this  or  any  other  reciprocal 
state  shall  be  given  priority  against  their  several  special  de- 
posits in  accordance  with  the  laws  governing  the  creation 
and  maintenance  of  such  deposits.  If  there  be  a  deficiency 
in  any  such  deposit,  so  that  the  claims  secured  thereby  are 
not  fully  discharged  therefrom,  the  claimants  may  share  in 
the  general  assets,  but  such  sharing  shall  be  deferred  until 
general  creditors,  and  also  claimants  against  other  special 
deposits  who  have  received  smaller  percentages  from  their 
respective  special  deposits,  have  been  paid  percentages  of 
their  claims  equal  to  the  percentage  paid  from  such  special 
deposit. 

Section  180K.  The  owner  of  a  secured  claim  against  an  secured 
insurer  for  which  a  receiver  has  been  appointed  in  a  liquida-  claims. 
tion  proceeding  in  this  or  any  reciprocal  state  may  surrender 
his  security  and  file  his  claim  as  a  general  creditor,  or  such 
secured  claim  may  be  discharged  by  resort  to  the  security, 
in  which  case  the  deficiency,  if  any,  shall  be  treated  as  a 
claim  against  the  general  assets  of  the  insurer  on  the  same 
basis  as  claims  of  unsecured  creditors. 

Section  180L.  If  any  provision  of  sections  one  hundred  gg^p^-J^*^  °^^^ 
and  eighty  A  to  one  hundred  and  eighty  K,  inclusive,  or  the  affected! 
application  thereof  to  any  person  or  circumstances,  is  held 
invalid,  such  invalidity  shall  not  affect  other  provisions  or 
applications  of  said  sections  which  can  be  given  effect  with- 
out the  invalid  provisions  or  application,  and  to  this  end  the 
provisions  of  said  sections  are  declared  to  be  severable. 

Section  4.     Section  four  of  said  chapter  one  hundred  Ed^'iTs"^' 
and  seventy-five,  as  amended,  is  hereby  further  amended  by  §  4,  etc.."' 
striking   out,  in   the  thirty-eighth  and  forty-first  lines,  as  ^^^'"^'"^• 
appearing  in  the  Tercentenary  Edition,  the  words  "or  six" 


648 


Acts,  1939.  —  Chap.  473. 


Examination 
of  companies. 


and  inserting  in  place  thereof,  in  each  instance,  the  words: 
—  ,  six,  one  hundred  and  eighty  B  or  one  hundred  and 
eighty  C,  —  so  that  the  fourth  paragraph  of  said  section 
will  read  as  follows :  — 

A  report  of  an  examination  of  any  company  made  under 
this  section  may,  as  far  as  material  and  relevant,  be  ad- 
mitted, in  the  discretion  of  the  court,  in  any  judicial  proceed- 
ing under  section  five,  six,  one  hundred  and  eighty  B  or  one 
hundred  and  eighty  C,  as  prima  facie  evidence  of  the  facts 
stated  in  such  report;  but  nothing  in  this  paragraph  shall  be 
construed  to  require  the  commissioner  to  make  an  examina- 
tion under  this  section  before  proceeding  to  act  under  section 
five,  six,  one  hundred  and  eighty  B  or  one  hundred  and 
eighty  C.  Approved  August  12,  1939. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  128A, 
§  5,  etc., 
amended. 


Commission 
payable  by 
licensee. 


Chav  473  ^'^  ^^'^  increasing  the  tax  imposed  by  the  common- 
wealth  on  amounts  wagered  at  dog  racing  meetings 
conducted    under    the    pari-mutuel    or    certificate 

SYSTEM    OF   wagering. 

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  pubHc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  one  hundred  and  twenty-eight  A 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
three  hundred  and  fifty-one  of  the  acts  of  nineteen  hundred 
and  thirty-six,  is  hereby  further  amended  by  striking  out  the 
third  paragraph  and  inserting  in  place  thereof  the  following 
paragraph:  — 

Each  person  hcensed  to  conduct  a  horse  racing  meeting, 
other  than  a  hcensee  holding  a  racing  meeting  in  connection 
with  a  state  or  county  fair,  shall  pay  to  the  commission  on 
the  day  following  each  day  of  such  horse  racing  meeting,  a 
sum  equal  to  three  and  one  half  per  cent  of  the  total  amount 
deposited  on  the  preceding  day  by  the  patrons  so  wagering 
at  such  meeting,  said  three  and  one  half  per  cent  to  be  paid 
from  the  ten  per  cent  withheld,  as  provided  in  this  section, 
from  the  total  amount  wagered.  Each  person  hcensed  to 
conduct  a  dog  racing  meeting,  other  than  a  Hcensee  holding 
a  racing  meeting  in  connection  with  a  state  or  county  fair, 
shall  pay  to  the  commission  on  the  day  following  each  day  of 
such  dog  racing  meeting,  a  sum  equal  to  three  and  one  half 
per  cent  of  so  much  of  the  total  amount  deposited  on  the  pre- 
ceding day  by  patrons  so  wagering  at  such  meeting  as  does 
not  exceed  seventy-five  thousand  dollars,  five  per  cent  of  so 
much  thereof  as  exceeds  seventy-five  thousand  dollars  but 
does  not  exceed  one  hundred  and  ten  thousand  dollars,  six 
per  cent  of  so  much  thereof  as  exceeds  one  hundred  and  ten 
thousand  dollars  but  does  not  exceed  one  hundred  and  forty 
thousand  dollars,  and  seven  per  cent  of  so  much  thereof  as 
exceeds  one  hundred  and  forty  thousand  dollars,  said  per- 


Acts,  1939.  —  Chaps.  474,  475.  649 

centages  to  be  paid  from  the  fifteen  per  cent  withheld,  as 
provided  in  this  section,  from  the  total  amount  wagered. 
Each  Hcensee  may  retain  as  his  commission  on  the  total  of 
all  sums  so  deposited,  in  addition  to  his  share  of  the  breaks 
as  hereinafter  provided,  a  sum  not  exceeding  the  balance  of 
the  ten  and  fifteen  per  cent  withheld,  as  provided  in  this 
section,  from  the  total  amount  wagered  after  deducting 
therefrom  the  amount  hereinbefore  required  to  be  paid  to  the 
commission.  A  Hcensee  holding  a  racing  meeting  in  connec- 
tion with  a  state  or  county  fair  may  retain  the  fifteen  per  cent 
withheld,  as  provided  in  this  section,  from  the  total  amount 
wagered.  Approved  August  12,  1939. 

An  Act  relative  to  the  assessment  of  taxes  by  the  Chap. 4:7 4: 

ASSESSORS    OF    THE    TOWN    OF    WINCHESTER    IN    THE    CUR- 
RENT  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  assessors  of  the  town  of 
Winchester  in  rescinding  the  tax  rate  fixed  for  the  current 
year  pursuant  to  the  provisions  of  chapter  one  hundred  and 
forty  of  the  acts  of  nineteen  hundred  and  thirty-nine  shall  be 
deemed  to  be  a  rescission  and  nullification  of  the  assessment 
of  taxes  for  the  current  year,  and  the  subsequent  assessment 
of  taxes  shall  be  of  the  same  effect  and  vahdity  as  if  made  as 
an  original  assessment. 

Any  taxes  paid  on  account  of  an  assessment  so  rescinded 
shall  be  appHed  to  the  subsequent  assessment  and  any  excess 
of  the  amount  so  paid  over  the  amount  subsequently  assessed 
shall  be  repaid  by  the  town  to  such  person. 

Section  2.     This  net  shall  take  effect  upon  its  passage. 
Approved  August  12,  1939. 

An  Act  authorizing  medical  "  examiners  to  make  au-  (JJiq/q  475 

TOPSIES  OF  certain   DEAD  HUMAN  BODIES  UPON  WRITTEN     ' 
ORDER   OF   DISTRICT   ATTORNEYS. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^/"fmbf*^^ 
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  six  of  chapter  thirty-eight  of  the  General  Laws,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended. ^■''' 
by  inserting  after  the  word  "subpoena"  in  the  tenth  line 
the  words:  —  Upon  written  order  of  the  district  attorney  of 
the  district  where  the  body  lies  a  medical  examiner  may 
also  make  an  autopsy  under  like  conditions  of  any   dead 
human  body  within  his  county,  —  and  by  striking  out,  in 
the  eleventh  line,  the  word  "shall"  and  inserting  in  place 
thereof  the  word :  —  may,  —  so  as  to  read  as  follows :  — 
Section  6.    Medical  examiners  shall  make  examination  upon  Duties  of 
the  view  of  the  dead  bodies  of  only  such  persons  as  are  ^amlnlrs 


650  Acts,  1939.  —  Chap.  476. 

Autopsy,  when  supposed  to  have  died  by  violence.  If  a  medical  examiner 
authorized.  j^^^g  notice  that  there  is  within  his  county  the  body  of  such 
a  person,  he  shall  forthwith  go  to  the  place  where  the  body 
lies  and  take  charge  of  the  same;  and  if,  on  view  thereof 
and  personal  inquiry  into  the  cause  and  manner  of  death, 
he  considers  a  further  examination  necessar}^  he  shall,  upon 
written  authorization  of  the  district  attorney,  mayor  or 
selectmen  of  the  district,  city  or  town  where  the  body  lies, 
make  an  autopsy  in  the  presence  of  two  or  more  discreet 
persons,  whose  attendance  he  may  compel  by  subpoena. 
Upon  written  order  of  the  district  attorney  of  the  district 
where  the  body  lies  a  medical  examiner  may  also  make  an 
autopsy  under  like  conditions  of  any  dead  human  body 
within  his  county.  Before  making  such  autopsy  he  may 
call  the  attention  of  the  witnesses  to  the  appearance  and 
position  of  the  body.  He  shall  then  and  there  carefully 
record  every  fact  and  circumstance  tending  to  show  the 
condition  of  the  body  and  the  cause  and  manner  of  death, 
with  the  names  and  addresses  of  said  witnesses,  which  record 
he  shall  subscribe.  If  a  medical  examiner  or  an  associate 
examiner  considers  it  necessary  to  have  a  physician  present 
as  a  witness  at  an  autopsy,  such  physician  shall  receive  a 
fee  of  five  dollars.  Other  witnesses,  except  officers  named 
in  section  fifty  of  chapter  two  hundred  and  sixty-two,  shall 
be  allowed  two  dollars  each.  A  clerk  may  be  employed  to 
reduce  to  writing  the  results  of  a  medical  examination  or 
autopsy,  and  shall  receive  two  dollars  a  day. 

The  medical  examiner  may,  if  he  considers  it  necessary, 
employ  a  chemist  to  aid  in  the  examination  of  the  body 
or  of  substances  supposed  to  have  caused  or  contributed  to 
the  death,  and  he  shall  receive  such  *compensation  as  the 
examiner  certifies  to  be  just  and  reasonable. 

Approved  August  12,  1939. 


Chap. 4:7 6  An  Act  authorizing  and  directing  or  empowering  the 

DEPARTMENT  OF  PUBLIC  WORKS  TO  REMOVE  ABANDONED 
HULKS  OR  WRECKS  LYING  ALONG  THE  WATERFRONT  OF 
EAST  BOSTON,  AND  TO  CONSTRUCT  BULKHEADS  AND  DO 
CERTAIN  OTHER  WORK  AT  OR  NEAR  THE  BOSTON  AIRPORT, 
SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  providing  safer  landing 
places  for  seaplanes  landing  along  the  waterfront  of  East 
Boston,  the  department  of  public  works  is  hereby  author- 
ized and  directed  to  remove  abandoned  hulks  or  wrecks 
lying  along  said  waterfront,  and  for  the  carrying  out  of  the 
provisions  of  this  section  said  department  may  expend  such 
sums,  not  exceeding,  in  the  aggregate,  three  thousand  dol- 
lars, as  may  hereafter  be  appropriated  therefor. 

Section  2.  Subject  to  the  approval  hereinafter  required, 
said  department  of  public  works  is  hereby  authorized  and 


Acts,  1939. —  Chap.  477.  651 

empowered  to  construct  bulkheads  and  to  do  any  other 
work,  at  or  adjacent  to  the  Boston  airport,  so  called,  which  in 
its  opinion  is  necessary  in  order  to  provide  an  area  wherein 
or  whereon  may  be  dumped  material  dredged  from  Boston 
harbor,  either  by  the  federal  government  in  connection  with 
one  or  more  projects  of  preparing  a  suitable  channel  for 
flying  boats  used  in  transatlantic  aviation,  which  project 
or  projects  is  or  are  to  be  undertaken  by  the  United  States 
for  the  purpose  of  promoting  and  developing  transatlantic 
aviation,  or  by  any  other  instrumentality  of  the  common- 
wealth or  any  subdivision  thereof  or  of  the  federal  govern- 
ment for  the  same  or  any  similar  purpose.  For  the  purposes 
of  this  section  said  department,  with  like  approval,  may 
enter  into  necessary  agreements  with  the  appropriate  federal 
agencies,  and  shall  co-operate  with  the  proper  municipal  and 
other  local  authorities  and  with  the  Boston  Port  Authority, 
relative  to  said  work;  and,  for  such  purposes  and  with  like 
approval,  may  expend  such  sums,  not  exceeding,  in  the 
aggregate,  one  hundred  thousand  dollars,  as  may  be  appro- 
priated therefor.  The  commonwealth,  for  the  purpose  of 
carrying  out  the  work  authorized  by  this  section,  may 
accept  any  grant  of  federal  funds  under  any  federal  law, 
authority  to  make  appUcation  therefor  being  hereby  granted 
to  the  emergency  pubhc  works  commission,  established 
under  section  one  of  chapter  three  hundred  and  sixty-five 
of  the  acts  of  nineteen  hundred  and  thirty-three,  and  may 
use  any  such  funds  so  granted  in  addition  to  the  amount 
appropriated  under  authority  of  this  section;  provided, 
that  no  work  authorized  by  this  section  shall  be  commenced, 
or  any  funds  expended  therefor,  until  federal  funds  to  the 
amount  of  at  least  one  million  dollars  shall  have  been  made 
available  therefor,  nor  shall  any  work  be  undertaken  under 
authority  of  this  section  unless  such  work  is  approved  by 
said  commission  and  by  the  governor.  No  payment  shall 
be  made  or  obligation  incurred  for  the  carrying  out  of  such 
work,  following  its  approval  by  said  commission  and  the 
governor  and  its  approval  for  federal  aid  by  the  proper 
federal  authorities,  until  plans,  specifications  and  contracts 
therefor  have  been  approved  by  said  commission.  No 
alterations  in  such  plans,  specifications  or  contracts  shall  be 
made  unless  approved  by  said  commission. 

Approved  August  12,  1939. 


An  Act  authorizing  the  town  of  hull  to  appropriate 
money  to  provide  facilities  for  the  holding  in  said 
town   op   the   state    convention   of   the   american 

LEGION. 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  Hull  may  appropriate  a  sum  not  exceeding 
five  thousand  dollars  for  the  purpose  of  providing  proper 
facilities  for  public  entertainment  at  the  time  of  the  state 
convention  of  The  American  Legion  in  the  year  nineteen 


Chap.^77 


652  Acts,  1939.  —  Chaps.  478,  479. 

hundred  and  forty  or  nineteen  hundred  and  forty-one,  if 
held  in  said  town  as  anticipated,  and  of  paying  the  expenses 
incidental  to  such  entertainment.  Money  so  appropriated 
shall  be  expended  under  the  direction  and  control  of  the 
selectmen  of  said  town.  Approved  August  12,  1939. 

ChapA78  An  Act  making  joseph  monette  of  methuen  eligible 

FOR    A    RETIREMENT    ALLOWANCE    UNDER    THE    STATE    RE- 
TIREMENT  SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Joseph  Monette  of  Methuen,  employed  by  the  common- 
wealth in  the  department  of  labor  and  industries,  who  was 
previously  employed  in  said  department  from  July  twenty- 
fifth,  nineteen  hundred  and  nineteen,  until  December  thirty- 
first,  nineteen  hundred  and  thirty-six,  shall,  upon  the  effec- 
tive date  of  this  act,  become  a  member  of  the  state  retirement 
system,  so  called;  provided,  that  he  deposits  in  the  annuity 
fund  of  said  system  on  or  before  December  first,  nineteen 
hundred  and  thirty-nine,  such  amount  as  the  board  of  retire- 
ment of  such  system  may  determine  in  order  to  establish 
an  account  in  said  annuity  fund  in  an  amount  equal  to  that 
which  he  withdrew  at  the  time  of  termination  of  his  aforesaid 
period  of  service.  Approved  August  12,  1939. 

Chap. 4:79  An  Act  relative  to  petitions  for  the  exercise  of  the 

PARDONING      POWER,      AND      PROCEDURE      IN    CONNECTION 
THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

Edo'i27,'^"  Chapter  one  hundred  and  twenty-seven  of  the  General 

i  152,  amended.  Laws  is  hereby  amended  by  striking  out  section  one  hundred 
and  fifty-two,  as  appearing  in  the  Tercentenary  Edition, 
Pardons  by        and  inserting  in  place  thereof  the  following:  —  Section  152. 
governor.  j^  ^  ^^^^  ^^  which  the  govcmor  is  authorized  by  the  consti- 

tution to  grant  a  pardon,  he  may,  with  the  advice  and  con- 
sent of  the  council,  and  upon  the  written  petition  of  the 
prisoner,  grant  it,  subject  to  such  conditions,  restrictions 
and  Hmitations  as  he  considers  proper,  and  he  may  issue  his 
warrant  to  all  proper  officers  to  carry  such  pardon  into  effect. 
Such  warrant  shall  be  obeyed  and  executed  instead  of  the 
sentence  originally  awarded.  Every  such  petition,  in  cases 
where  such  prisoner  was  sentenced  for  a  felony,  shall,  before 
its  presentation  to  the  governor,  be  filed  with  the  commis- 
sioner of  correction,  together  with  all  statements  and  signa- 
tures appended  thereto,  and  shall  thereupon  become  a  public 
record. 
Copies  of  The  commissioner  shall,  forthwith  upon  receipt   of  such 

petitions.  petition,  cause  copies  thereof,  together  with  copies  of   all 

statements  and  signatures  appended  thereto,  to  be  mailed 
by  registered  mail  to  the  attorney  general,  the  district  attor- 
ney in  whose  district  said  sentence  was  imposed,  and  the 
parole  board.    Within  not  less  than  two  weeks  and  not  more 


Acts,  1939.  —  Chap.  479.  653 

than  three  weeks  from  the  date  of  said  mailing  the  commis- 
sioner shall  transmit  the  original  petition,  together  with  all 
statements  and  signatures  appended  thereto,  to  the  governor, 
together  with  his  written  recommendation  concerning  said 
petition.  The  attorney  general,  district  attorney  and  the 
parole  board  shall  each  forthwith,  upon  receipt  from  the 
commissioner  of  the  copy  of  the  said  petition,  file  with  the 
governor  and  with  the  commissioner  their  respective  written 
recommendations  as  to  whether  or  not  said  pardon  should 
be  granted.  Said  recommendations  shall  be  filed  with  the 
commissioner  by  tendering  the  same  in  person  or  by  mailing 
the  same  by  registered  mail,  and  upon  receipt  thereof  by  the 
commissioner  such  recommendations  and  the  petition  to 
which  they  relate  shall  thereupon  become  a  matter  of  public 
record. 

A  certified  copy  of  the  petition,  together  with  copies  of  all 
statements  and  signatures  appended  thereto,  and  all  such 
written  recommendations,  shall  forthwith  be  filed  by  the  com- 
missioner with,  and  kept  as  a  permanent  record  in,  the  office 
of  the  state  secretary,  and  shall  be  open  to  public  inspection 
at  any  reasonable  time  for  a  period  of  ten  years  from  the 
date  of  the  filing  of  such  papers  in  the  office  of  the  state 
secretary.  The  governor,  with  the  advice  and  consent  of  the 
council,  may  at  any  time  revoke  any  pardon  if  he,  with  such 
advice  and  consent,  determines  that  there  is  a  misstatement 
of  a  material  fact  knowingly  made  at  the  time  of  the  filing 
of  the  written  petition  of  the  prisoner,  or  that  such  pardon 
was  procured  by  fraud,  concealment  or  misrepresentation, 
or  that  any  provision  of  this  section  has  not  been  complied 
with,  and  upon  such  revocation  the  governor  may  issue  his 
warrant  to  all  proper  officers  to  take  the  person  so  pardoned 
into  custody  and  return  him  to  the  institution  where  he  was 
imprisoned  at  the  time  of  the  granting  of  the  pardon. 

Such  warrant  shall  be  obeyed  and  executed  by  the  officers 
to  whom  it  is  issued,  and  the  person  whose  pardon  has  been 
so  revoked  shall  have  the  same  standing  in  the  penal  institu- 
tion to  which  he  is  returned  as  he  would  have  had  if  said 
pardon  had  not  been  granted,  except  that  the  time  during 
which  he  has  been  out  of  said  penal  institution  upon  such 
pardon  shall  not  be  counted  in  determining  the  amount  of 
his  sentence  remaining  to  be  served  upon  such  return  to  such 
institution.  The  governor  shall,  at  the  end  of  each  calendar 
year,  transmit  to  the  general  court,  by  filing  with  the  clerk 
of  either  branch  thereof,  a  list  of  the  pardons  granted  with 
the  advice  and  consent  of  the  council  during  such  calendar 
year  together  with  the  action  of  the  advisory  board  of  par- 
dons concerning  each  such  pardon  and  together  with  a  list 
of  any  revocations  of  pardons  made  under  this  section. 

The  word  "pardon",  as  used  in  this  section,  shall  be 
deemed  to  include  any  exercise  of  the  pardoning  power  except 
a  respite  from  sentence.  Approved  August  12,  1939. 


654 


Acts,  1939.  —  Chap.  480. 


G.  L.  (Ter. 
Ed.).  149, 
§§  44A  to 
44D,  inserted. 


Awarding  of 
contracts  for 
public  build- 
ings, etc. 


ChapASO  An  Act  requiring  fair  competition  for  bidders  on  the 

CONSTRUCTION,  RECONSTRUCTION,  ALTERATION,  REMODEL- 
LING OR  REPAIR  OF  CERTAIN  PUBLIC  WORKS  BY  THE  COM- 
MONWEALTH   OR  ANY   POLITICAL   SUBDIVISION   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  forty-four, 
as  appearing  in  the  Tercentenary  Edition,  the  four  follow- 
ing new  sections,  under  the  caption  fair  competition  for 

BIDDERS  ON  CONSTRUCTION,  ETC.,  OF  PUBLIC  WORKS:  —  Sec- 
tion 44^-  Every  contract  for  the  construction,  reconstruc- 
tion, alteration,  remodelling  or  repair  of  any  public  build- 
ing by  the  commonwealth,  or  by  any  county,  city,  town, 
district,  board,  commission  or  other  public  body  and  esti- 
mated to  cost  more  than  five  thousand  dollars  in  the  case 
of  the  commonwealth,  and  more  than  one  thousand  dollars 
in  the  case  of  any  county,  city,  town,  district,  board,  com- 
mission or  other  public  body,  shall  be  awarded  on  the  basis 
of  competitive  bids  to  the  lowest  responsible  and  eligible 
bidder.  The  term  "lowest  responsible  and  eligible  bidder", 
as  used  herein  and  in  sections  forty-four  B  to  forty-four  D, 
inclusive,  shall  mean  the  lowest  bidder  possessing  the  skill, 
ability  and  integrity  necessary  to  a  faithful  performance  of 
the  work.  Essential  information  in  regard  to  such  quali- 
fications shall  be  submitted  in  such  form  as  the  awarding 
authority  may  require.  The  awarding  authority  shall  re- 
serve the  right  to  reject  any  or  all  bids,  if  it  be  in  the  public 
interest  so  to  do. 

Section  44B.  Every  proposal  for  any  work  referred  to  in 
section  forty-four  A  shall  be  accompanied  by  cash  or  a  cer- 
tified check  on,  or  a  certificate  of  deposit  issued  by,  a  re- 
sponsible bank  or  trust  company,  payable  to  the  common- 
wealth, county,  city,  town,  district,  board,  commission  or 
other  public  body  in  the  name  of  which  the  contract  for 
the  work  is  to  be  done.  The  amount  of  such  cash,  check 
or  certificate  shall  be  not  less  than  three  per  cent  of  the 
value  of  the  proposed  work,  as  estimated  by  the  awarding 
authority,  but  in  no  event  less  than  one  hundred  dollars 
nor  more  than  fifty  thousand  dollars.  The  awarding  author- 
ity concerned  may,  at  its  option,  prescribe  and  receive  a 
bid  bond  in  lieu  of  cash,  certified  check  or  certificate  of 
deposit. 

All  such  bid  deposits  on  any  such  proposed  work,  except 
those  of  the  three  lowest  responsible  and  eligible  bidders, 
shall  be  returned  within  two  days,  Sundays  and  holidays 
excluded,  after  the  opening  of  proposals  therefor.  The 
award  of  any  contract  referred  to  in  section  forty-four  A 
shall  be  made  within  thirty  days  after  the  opening  of  bids 
therefor,  or,  if  governmental  approval  is  required,  within 
thirty  days  after  such  approval.  All  bid  deposits  on  any 
such  proposed  work  shall  be  returned  upon  the  execution 


Certificate  of 
deposit,  etc., 
to  accompany 
proposal  of 
bidder. 


Acts,  1939.  —  Chap.  480.  655 

and  delivery  of  the  contract  therefor,  or,  if  no  award  is 
made,  then  at  the  expiration  of  thirty  days  after  the  open- 
ing of  the  bids  therefor,  or,  if  governmental  approval  is  re- 
quired, within  thirty  days  after  such  approval.  If  the  suc- 
cessful bidder  on  any  such  proposed  work  fails  to  execute 
the  contract  therefor  in  accordance  with  its  terms,  an  award 
shall  be  made  to  the  next  lowest  responsible  and  eligible 
bidder  thereon.  Should  any  bidder  on  any  such  proposed 
work  to  whom  an  award  is  made  fail  to  enter  into  the  con- 
tract therefor  within  ten  days  after  notice  of  the  award  has 
been  mailed  to  him,  the  amount  so  received  from  such 
bidder  through  his  cash,  certified  check,  bid  bond  or  cer- 
tificate of  deposit  shall  become  and  be  the  property  of  the 
said  commonwealth,  county,  city,  town,  district,  board, 
commission  or  other  public  body  as  fiquidated  damages; 
provided,  that,  in  case  of  death,  disabiUty  or  other  unfore- 
seen circumstances  affecting  the  bidder,  such  cash,  certified 
check,  bid  bond  or  certificate  of  deposit  may  be  returned 
to  him. 

Section  44C.     (A)  With  respect  to  each  proposal  subject  Procedure, 
to  section  forty-four  B,  the  following  procedure  shall  be 
followed  and  all  bidders  shall  be  notified  to  that  effect :  — 

(1)  Bids  from  general  contractors  shall  be  for  the  com- 
plete project  as  specified  and  shall  include  the  names  of  all 
principal  and  such  minor  sub-contractors  as  are  designated 
in  the  proposal  form,  and  the  general  contractor  shall  be 
selected  on  the  basis  of  such  bid. 

(3)  Each  bid  shall  be  divided  into  two  items :  — 

Item  1,  covering  all  the  work  of  the  general  contractor, 
being  all  work  not  covered  in  item  2. 

Item  2,  covering  the  work  of  such  sub-contractors,  and 
the  estimates  therefor,  as  are  listed  in  the  proposal  form 
for  general  contractors,  attached  thereto. 

(B)  All  principal  and  such  minor  sub-contractors  as  are 
designated  in  the  proposal  form  shall  deliver  or  mail  to  the 
awarding  authority  record  copies  of  all  bids  sent  by  them 
to  the  general  contractor.  All  such  bids  shall  be  in  sealed 
envelopes,  plainly  marked  on  the  outside  with  the  sub- 
contractor's name,  and  shall  also  have  marked  on  the  out- 
side the  name  or  names  of  bidders  they  include  in  their  bids 
for  any  portion  of  the  work,  involving  labor  and  materials. 
All  bids  shall  be  delivered  or  mailed  to  the  awarding  author- 
ity, and  mailed  to  the  general  contractor,  by  twelve  o'clock 
noon  at  least  two  days  before  the  date  for  receipt  of  general 
contract  proposals.  The  date  and  time  Hmit  for  receipt  of 
such  bids  shall  be  stated  in  each  section  of  the  specifications. 
No  recorded  sub-bids  shall  be  opened  by  the  awarding  author- 
ities until  after  the  selection  of  the  general  contractor. 

No  sub-bid  shall  be  considered  in  the  final  selection  of  sub- 
bidders,  as  hereinafter  described,  except  those  filed  with  the 
awarding  authority  as  above  provided. 

Each  sub-bidder  shall  endorse  the  copy  of  his  bid  filed  with 
the  awarding  authority  as  follows:  —  "The  above  proposal 


656  Acts,  1939.  —  Chap.  480. 

is  being  sent  to  the  following  general  bidders :  - 


The  proposal  may  not  be  used  by  any  other  general  con- 
tractor without  the  consent  of  the  undersigned",  and  sign 
such  copy. 

(C)  The  names  of  all  sub-bidders  who  filed  their  bids 
with  the  awarding  authority  shall  be  mailed  on  date  of  re- 
ceipt to  the  general  contractors  bidding  on  the  project  and 
no  sub-bidder  not  included  on  such  hst  shall  be  used  by  the 
general  contractor  in  his  bid. 

(D)  If  after  the  selection  of  the  general  contractor,  it  be 
decided  to  consider  sub-contractors  other  than  the  ones 
named  by  the  general  contractor  in  his  proposal,  the  award- 
ing authority,  architect  and  engineer,  or  any  one  or  more  of 
them,  and  the  selected  general  contractor  shall  jointly  con- 
sider the  names  of  all  proposed  sub-bidders  and  their  amounts, 
as  given  in  the  general  contractor's  proposal.  Any  agreement 
to  substitute  the  name  of  a  sub-contractor  other  than  the 
one  named  in  the  general  contractor's  proposal  shall  cause 
an  adjustment  of  contract  price  at  the  net  difference  in 
accordance  with  the  sub-bidders  of  record  filed  with  the 
awarding  authority.  The  sub-contractors  so  selected  shall 
be  notified  of  their  selection  within  twenty-four  hours  there- 
after by  the  awarding  authority. 

(E)  If  a  sub-contractor  who  has  been  selected  and  in- 
cluded in  the  general  contract  fails  to  sign  the  sub-contract 
within  ten  days  after  notice  of  selection,  the  awarding  au- 
thority, architect  and  engineer,  or  any  one  or  more  of  them, 
and  the  general  contractor  shall  select,  from  the  sub-bidders 
who  have  conformed  to  the  bidding  procedure,  the  next 
lowest  bidder  at  the  amount  named  in  such  sub-bid,  and  the 
total  contract  price  shall  be  revised  in  accordance  with  the 
change  in  figures  as  submitted. 

The  awarding  authority  shall  reserve  the  right  to  reject 
all  sub-bids  on  any  item  or  items;  provided,  that  it  is  agreed 
by  and  between  the  bidders  and  the  awarding  authority 
that  none  of  such  bids  represents  the  bid  of  a  person  or  firm 
competent  to  perform  the  work  as  specified,  or  that  only  one 
such  bid  was  received  and  that  the  price  is  not  reasonable  for 
acceptance  without  competition.  If  a  rejection  of  a  sub- 
bid  occurs,  new  bids  shall  be  requested  on  such  item  or  items 
as  may  have  been  rejected,  which  shall  in  no  way  affect  the 
other  sub-bidders  who  have  conformed  to  the  prescribed 
bidding  procedure. 

(F)  If  a  general  bidder  customarily  performs  with  his 
own  employees  any  sub-trade  or  trades  hsted  in  item  two 
of  the  proposal,  he  may  submit  a  sub-bid  proposal  on  the 
form  as  herein  required  of  all  regular  sub-contractors,  with 
an  endorsement  controlling  its  use,  and  shall  also  submit 
his  name  and  amount  for  such  work  in  his  own  proposal 
for  the  general  work  under  item  two.  Such  submission  by 
the  selected  general  contractor  shall  be  considered  on  a 
par  with  sub-bids  filed  with  the  awarding  authority  by  sub- 


Acts,  1939.  —  Chap.  480.  657 

bidders  who  customarily  perform  such  work,  and  selection 
shall  be  made  as  provided  above  in  (E).  No  such  sub-bid 
by  a  general  bidder  shall  be  considered,  however,  unless 
the  general  bidder  can  show,  to  the  satisfaction  of  the 
awarding  authority,  that  he  does  customarily  perform  such 
work,  and  is  qualified  to  do  the  character  of  work  required 
by  the  specifications. 


Draft  of  Proposal  Form. 
To (awarding  authority) 

(a)  The  undersigned  proposes  to  furnish  all  the  labor 
and  materials  required  for  the  construction  of 

on   

street, (city),  Massachusetts, 

for (owner) 

in  accordance  with  the  accompanying  specifications  and 

plans  prepared  by (name),  of 

(address),  for  the 

sum  specified  below,  subject  to  additions  and  deductions 
according  to  the  specifications  and  in  all  respects  according 
to  the  terms  thereof. 

(6)  The  undersigned  agrees  that  if  within ....  days  from 
the  day  named  for  delivering  the  proposal  to  the  awarding 
authority,  notice  that  this  proposal  will  be  accepted  by  the 
awarding  authority  shall  be  mailed  to  him  at  the  business 
address  given  below,  or  shall  be  delivered  to  him,  he  will, 
within  ten  days  thereafter,  deliver  to  the  awarding  author- 
ity where  directed  a  contract  properly  executed  in  (tripli- 
cate, or  otherwise)  on  the  forms  annexed  with  such  changes 
therein  as  shall  have  been  made  by  the  awarding  authority 
prior  to  the  time  named  for  delivery  of  this  proposal,  to- 
gether with  a  bond  of  a  surety  company  satisfactory  to  the 

awarding  authority  in  the  sum  of per  cent 

of  the  contract  price,  the  premium  for  which  is  to  be  paid 
by  the  contractor  and  is  included  in  the  contract  price. 

(c)  The  proposed  contract  sum  is 

dollars  (S ). 

(d)  The  subdivision  of  the  proposed  contract  sum  is  as 
follows : 

Item  1.  The  work  of  the  general  contractor,  being 
all  work  other  than  that  covered  by  the  following 
item  2 dollars  ($ ). 

Item  2.     Sub-bids  as  follows: 


(1) 
(2) 
(3) 

Etc.  

Total  of  item  2 


658  Acts,  1939.  —  Chap.  480. 

The  undersigned  agrees  that  the  hst  of  sub-bidders  rep- 
resent bona  fide  bids  based  on  the  plans  and  specifications, 
made  in  good  faith  to  the  bidder,  and  are  hereby  submitted 
and  that,  if  the  undersigned  is  awarded  the  contract,  they 
will  be  used  for  the  work  indicated,  at  the  amounts  stated, 
if  satisfactory  to  the  awarding  authority  as  provided  in 
article of  the  general  conditions. 

The  undersigned  agrees  that  if  he  is  selected  as  general 
contractor  he  will  promptly  confer  with  the  awarding  author- 
ity on  the  question  of  sub-bidders  and  that  the  awarding 
authority  may  substitute  for  any  sub-bids  fisted  above,  the 
names  and  amounts  of  sub-bids  as  submitted  for  this  work 
and  filed  with  the  awarding  authority,  as  required  by  the 
notice  to  bidders,  against  whose  standing  and  ability  the 
undersigned  makes  no  objection,  and  that  he  will  use  all 
such  finally  selected  sub-bidders  at  the  amounts  so  named 
and  be  in  every  way  as  responsible  for  them  and  their  work 
as  if  they  had  been  originally  named  in  this  proposal,  the 
total  contract  price  being  adjusted  to  conform  thereto. 

Bidder   

Address   


Proposal  Form 

(Sub-bidder) 

To (general  contractor) 

(a)  The  undersigned  proposes  to  furnish  all  the  labor  and 
materials  required  for  the  completion  of  all  the  work  specified 

under  the  sub-heading 

Paragraphs  No 

to  No ,  inclusive,  in  accordance  with  the 

plans  and  specifications  prepared  by 

for  (name  or  other  description  of  building)  located  on 

street city, state, 

for owner,  for 

the  contract  sum  of dollars 

($ ). 

The  undersigned  further  agrees  to  be  bound  to  the  general 
contractor  by  the  terms  of  the  general  conditions,  drawings 
and  specifications,  and  to  assume  toward  him  all  the  obliga- 
tions and  responsibilities  that  he,  by  those  documents, 
assumes  toward  the  owner. 

The  undersigned  offers  the  following  information  as  evi- 
dence of  his  qualification  to  perform  the  work  as  bid  upon 
according  to  all  the  requirements  of  the  plans  and  specifica- 
tions. 

1.  Have  been  in  business  under  present  business  name 
years. 

2.  Ever  failed  to  complete  any  work  awarded? 

3.  List  one  or  more  recent  buildings  with  names  of  general 
contractor  and  architect  on  which  you  served  as  sub-contrac- 


Acts,  1939.  —  Chap.  481.  659 

tor  for  work  of  similar  character  as  required  for  the  above 
named  building. 

Building  Contractor  Architect  contract 

(a)  Amount  your  Contract 

(b) 

(c) 
4.  Bank  Reference: 

Note :  The  sub-bidder  may  add  the  following  information 
in  filing  copy  of  his  bid  with  the  awarding  authority.  If  such 
information  is  not  so  submitted,  it  shall  be  understood  that 
his  proposal  is  available  for  use  with  whatever  general  con- 
tractor is  selected. 

The  above  proposal  is  being  sent  to  the  following  general 
bidders: 


The  proposal  may  not  be  used  by  any  other  general  con- 
tractor without  the  consent  of  the  undersigned. 
Respectfully  submitted, 


Section  J^I^D.  If  any  provision  of  sections  forty-four  A  to  validity  of 
forty-four  C  inclusive,  or  the  application  of  such  provision  sections. 
to  any  person  or  circumstance,  shall  be  held  invalid  or  un- 
constitutional, the  remainder  of  said  sections,  or  of  any  sec- 
tion, subsection,  sentence,  clause  or  phrase  thereof,  or  the 
application  of  such  provision  to  any  person  or  circumstance 
other  than  that  as  to  which  it  is  held  invalid  or  unconstitu- 
tional, shall  not  be  affected  thereby. 

Approved  August  12,  1939. 


An  Act  further  regulating  appeals  under  the  old  age  Cfidq)  ^gi 

ASSISTANCE   LAW,    SO    CALLED.  ^' 

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

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eighteen  A  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  three,  as  most  f  s^^etc^f"^' 
recently  amended  by  chapter  two  hundred  and  eighty-five  amended. 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  and  insert- 
ing in  place  thereof  the  following :  —  Section  3.     Any  person  Appeals,  ex- 
aggrieved  by  the  failure  of  any  town  to  render  adequate  p®^'*'°^  °^- 
assistance  under  this  chapter,  or  by  the  failure  of  the  board 
of  public  welfare  or  bureau  of  old  age  assistance  to  approve 
or  reject  an  apphcation  for  assistance  hereunder  within  thirty 
days  after  receiving  such  application,  shall  have  a  right  to  fair 
hearing,  after  due  notice,  upon  appeal  to  the  department  in 
the  manner  and  form  prescribed  by  the  department;    pro- 


660  Acts,  1939. —  Chap.  481. 

vided,  that  such  appeal  is  received  by  the  department  within 
sixty  days  after  official  notice  of  the  action  taken  by  the 
board  of  public  welfare  or  bureau  of  old  age  assistance  has 
been  received  by  the  apphcant.  Such  hearing  shall  be  con- 
ducted by  the  commissioner  of  public  welfare,  hereinafter 
referred  to  as  the  commissioner,  or  a  referee  designated  by 
the  commissioner.  The  commissioner  or  any  referee  desig- 
nated by  him  is  hereby  empowered  to  subpoena  witnesses, 
administer  oaths,  take  testimony  and  secure  the  production 
of  such  books,  papers,  records  and  documents  as  may  be 
relevant  to  such  hearing.  The  decision  of  the  commissioner 
or  of  the  designated  referee,  when  approved  by  the  commis- 
sioner, shall  be  the  decision  of  the  department.  Fair  hear- 
ings shall  be  granted  upon  any  appeal  in  relation  to  the  fol- 
lowing matters: 

1.  The  matter  of  denial  of  assistance  by  the  local  board  of 
pubUc  welfare  or  bureau  of  old  age  assistance; 

2.  The  matter  of  a  change  in  the  amount  of  assistance 
given; 

3.  The  matter  of  withdrawal  of  assistance; 

4.  The  matter  of  failure  to  receive  adequate  assistance 
under  this  chapter  by  reason  of  the  non-fulfillment  of  any 
agreement  made  by  a  third  person  to  contribute  toward  the 
support  and  maintenance  of  such  aged  person.  The  depart- 
ment may  also,  upon  its  own  motion,  review  any  decision 
of  a  local  board  of  public  welfare  or  of  a  bureau  of  old  age 
assistance,  and  may  consider  any  appHcation  upon  which  a 
decision  has  not  been  made  by  such  a  board  or  bureau  within 
the  required  time. 

The  department  may  make  such  additional  investigation 
as  it  may  deem  necessary  and  shall  make  such  decision  as 
to  the  granting  of  assistance  and  the  amount  of  assistance 
to  be  granted  as  in  its  opinion  is  justified  and  in  conformity 
with  the  provisions  of  this  chapter.  Applicants  or  recipients 
affected  by  such  decisions  of  the  department  shall,  upon 
request,  be  given  reasonable  notice  and  opportunity  for  a 
hearing  by  the  department.  The  provisions  relating  to  the 
conduct  of  fair  hearings  and  decisions  thereon  made,  as  pro- 
vided in  this  section,  shall  be  equally  applicable  in  all  cases 
wherein  the  department  acts  upon  its  own  motion. 

Every  decision  of  the  department  shall  be  rendered  not 
later  than  sixty  days  after  the  claim  of  appeal  was  filed  or 
after  the  department  acted  upon  its  own  motion  to  review 
any  decision  of  such  a  local  board  or  bureau,  as  the  case  may 
be.  Every  decision  of  the  department  shall  be  final  and 
binding  upon  the  local  board  or  bureau  involved  and  shall  be 
compHed  with  by  such  local  board  or  bureau. 

This  section  shall  not  be  construed  to  hmit  the  right  of  a 
board  of  public  weKare  or  bureau  of  old  age  assistance  or  its 
officials  to  confer  with  the  commissioner  on  poHcies  and  pro- 
cedures of  the  department.        Approved  August  12,  1939. 


Acts,  1939.  —  Chap.  482.  661 


An  Act  relative  to  removal  of  the  Atlantic  avenue  ^i        j^or> 

ELEVATED    STRUCTURE    SO-CALLED    IN    THE    CITY    OF    BOS-  ^'^^P'^^'^ 
TON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  right  of  the  Boston  Elevated  Railway 
Company,  hereinafter  called  the  company,  to  construct, 
maintain  and  operate  its  elevated  railway  structure  located 
in  or  upon  Commercial  street,  Atlantic  avenue.  Beach  street 
and  Harrison  avenue  and  public  or  private  lands  or  ways 
in  the  city  of  Boston  between  cross  girder  number  164 
over  201  east  of  Keany  square  and  cross  girders  numbers 
IE  and  IW  near  Washington  street,  hereinafter  called  the 
structure,  is  hereby  declared  forfeited,  said  structure  no 
longer  being  operated  in  the  public  service  for  the  purpose 
for  which  the  franchise  of  the  company  to  operate  an 
elevated  structure  on  the  said  location  was  granted,  and 
constituting  a  nuisance  in  the  public  highway  and  unreason- 
ably interfering  with  the  enjoyment  and  use  of  said  high- 
way to  the  detriment  of  the  public  health  and  safety.  The 
said  location  and  the  right  of  the  company  to  construct, 
maintain  and  operate  an  elevated  railway  structure  thereon 
are  hereby  revoked. 

Section  2.  The  company,  acting  by  its  board  of  direc- 
tors, may,  within  thirty  days  of  the  effective  date  of  this 
act,  file  a  petition  in  equity  in  the  supreme  judicial  court 
to  determine  whether  there  is  just  cause  for  the  revoca- 
tion and  declaration  of  forfeiture  provided  for  in  section 
one.  The  supreme  judicial  court  shall  have  jurisdiction  in 
equity  to  determine  the  issues  raised  in  such  petition  and 
to  affirm,  modif}^,  or  annul  the  said  revocation  and  decla- 
ration of  forfeiture,  and  service  of  an  order  of  notice  upon 
the  state  secretary  shall  be  sufficient.  Upon  the  filing  of 
such  a  petition  the  court  may  stay  any  action  under  the 
following  sections  of  this  act  until  such  time  as  the  issues 
raised  in  such  petition  have  been  finally  determined,  or  for 
any  shorter  period  as  justice  may  require.  If  a  jury  trial 
shall  be  claimed  by  the  company  the  court  may  transfer 
said  cause  to  the  superior  court  for  trial. 

Section  3.  Within  thirty  days  after  the  expiration  of 
the  period  within  which  a  petition  under  the  preceding  sec- 
tion may  be  filed,  without  the  filing  of  any  such  petition, 
or  within  thirty  days  after  the  final  disposition  of  proceed- 
ings upon  such  a  petition  dismissing  it  or  otherwise  sus- 
taining the  forfeiture  and  revocation  provided  for  in  section 
one,  the  company  shall  proceed  without  delay  at  its  own 
expense  to  remove  said  structure  above  its  foundations  and 
to  put  the  surface  of  the  public  ways  disturbed  by  such 
removal  into  as  good  condition  as  the  adjacent  surface  of 
said  ways,  and  to  restore  to  good  condition  sidewalks  and 


662  Acts,  1939.  —  Chap.  482. 

buildings  affected  by  such  removal.  If  the  company  fails 
to  begin  the  removal,  as  herein  directed,  or  to  complete  it 
within  one  year  thereafter,  the  transit  department  of  the 
city  of  Boston  shall  remove  the  structure  at  the  expense  of 
the  company,  and  such  expense  shall  be  recoverable  from 
the  company  in  an  action  at  law. 

Section  4.  To  carry  out  the  duties  imposed  upon  it  by 
section  three  the  transit  department  of  the  city  of  Boston 
may  make  a  contract  or  contracts  in  the  name  of  the  city  for 
the  removal  of  said  elevated  structure  and  its  appurtenances, 
above  the  foundation  of  said  structure,  for  the  sale  of  the 
material  removed,  and  for  restoring  to  good  condition  the 
streets,  sidewalks  and  buildings  affected  by  such  removal. 
Every  such  contract  shall  be  accompanied  by  a  suitable  bond 
or  deposit  of  money  or  other  security  for  the  faithful  per- 
formance of  such  contract.  Every  such  contract  involving 
two  thousand  dollars  or  more  in  amount  shall  be  advertised 
in  two  or  more  newspapers  for  proposals  for  the  performance 
of  the  work  and  shall  be  awarded  to  the  responsible  and 
eligible  bidder  submitting  the  bid  most  favorable  to  the  city 
and  shall  be  entered  into  by  an  instrument  in  writing  signed 
by  the  majority  of  the  transit  department  and  approved  in 
writing  by  the  mayor.  No  such  contract  shall  be  altered 
except  by  written  instrument  signed  by  the  contractor  and  a 
majority  of  the  transit  department  and  approved  in  writing 
by  the  mayor,  and  also  by  the  surety,  if  any,  on  the  bond 
given  by  the  contractor  for  the  completion  of  the  original 
contract. 

The  transit  department  in  its  discretion  may  take  charge 
of  and  do  the  work  of  removal  and  of  restoring  to  good  con- 
dition the  streets,  sidewalks  and  buildings  affected  by  such 
removal  or  any  of  them. 

The  transit  department  may  sell  as  salvage  or  otherwise 
the  structure  and  any  appurtenances  thereof.  The  proceeds 
of  such  sales  shall  be  used  to  pay  the  cost  of  removal  or  shall 
be  credited  against  such  cost.  In  the  event  that  such  pro- 
ceeds exceed  such  cost,  the  excess  shall  be  turned  over  to  the 
treasurer  of  said  city  and  credited  to  the  Special  Account, 
Sales  of  City  Property  as  carried  on  the  books  of  said  city. 

The  cost  of  removal  shall  be  deemed  to  include  all  expendi- 
tures and  charges  incurred  by  the  transit  department  in  the 
name  or  on  behalf  of  the  city  for  the  removal  of  the  structure 
and  the  restoration  of  streets,  sidewalks  and  buildings 
affected  by  such  removal,  including  such  proportion  of  the 
salaries  anci  expenses  of  the  transit  department  as  in  its 
opinion  may  properly  be  chargeable  thereto. 

The  treasurer  of  the  city  from  time  to  time  on  the  written 
request  of  the  transit  department,  approved  in  writing  by 
the  mayor,  shall  advance  such  sums  as  may  be  required  by 
the  said  department  from  the  Special  Account,  Sales  of  City 
Property,  or  from  other  available  moneys  in  the  treasury  of 
said  city.    At  the  completion  of  the  work  the  net  cost,  if  any, 


Acts,  1939.  —  Chap.  483.  663 

after  crediting  the  proceeds  of  sale,  as  above  provided,  shall 
be  recoverable  from  the  company  by  an  action  at  law  as 
hereinbefore  provided. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 
Approved  August  12,  1939. 


An  Act  authorizing  the  department  of  public  works  QJidy  4C3 

TO    CO-OPERATE    WITH    THE    UNITED    STATES    IN    THE    CON-  ^' 

STRUCTION    of   CERTAIN    FLOOD    CONTROL   PROJECTS. 

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  pubUc  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  hereinafter 
called  the  department,  is  hereby  authorized  to  make  all  con- 
tracts and  agreements  and  do  all  other  things  necessary  to 
co-operate  with  the  United  States  in  the  construction  of  high- 
ways to  replace  highways  now  located  within  the  area  of  the 
projects  authorized  by  Congress  under  the  flood  control  acts 
of  June  twenty-second,  nineteen  hundred  and  thirty-six,  and 
June  twenty-eighth,  nineteen  hundred  and  thirty-eight,  and 
which  are  specified  in  chapter  two  hundred  and  eighty-four 
of  the  acts  of  the  current  year.  Land  or  rights  in  land  may 
be  acquired  for  such  highways  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws  by  the  department 
in  behalf  of  the  commonwealth,  or  in  behalf  of  the  city  or 
town  in  which  the  land  lies,  at  the  option  of  the  department. 
Section  twenty-five  of  chapter  eighty-one  of  the  General  Laws 
shall  apply  to  highways  laid  out  or  constructed  under  author- 
ity of  this  act. 

Section  2.  The  department  may  use  for  the  purposes 
authorized  by  this  act  any  funds  which  may  be  available  for 
the  construction  and  maintenance  of  state  highways  and  all 
reimbursements  from  the  United  States  for  sums  so  expended 
shall  be  received  by  the  state  treasurer  and  shall  be  expended 
upon  the  order  or  approval  of  the  department  without  specific 
appropriation. 

Section  3.  The  department  is  hereby  authorized  to 
abandon  to  the  United  States  any  land  or  rights  in  land  which 
may  have  been  taken  or  acquired  by  it  and  which  are  within 
the  area  of  said  projects;  provided,  that  the  United  States 
has  previously  acquired  the  title  to  the  abutting  land  in  con- 
formity with  said  chapter  two  hundred  and  eighty-four. 

Approved  August  12,  1939. 


664 


Acts,  1939.  —  Chap.  484. 


G.  L.  (Ter. 
Ed.),  127, 
§§  166  to  169, 
inserted. 

Compensa- 
tion, etc.,  for 
securing  par- 
don, etc., 
prohibited. 


ChapAS4:  An  Act  regulating  the  payment  or  receipt  of  money 
OR  other  rewards  or  gratuities  for  the  purpose  of 

OBTAINING    THE    GRANTING    OF    ANY    PARDON,    PAROLE,    OR 
COMMUTATION    OF   OR   RESPITE    FROM    SENTENCE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-seven  of  the  General 
Laws,  as  amended,  is  hereby  further  amended  by  adding  at 
the  end  the  four  following  new  sections:  —  Section  166.  No 
person  shall,  in  the  attempt  to  procure  or  for  the  procure- 
ment of  any  pardon,  parole,  commutation  of  or  respite  from 
sentence  of  any  prisoner  then  confined  in  any  of  the  penal 
institutions  of  this  commonwealth,  for  the  commission  of  a 
felony,  or  then  under  sentence  to  serve  a  term  of  imprison- 
ment in  any  of  said  institutions  for  the  commission  of  a  fel- 
ony, knowingly  pay  or  offer  to  pay,  or  solicit,  offer  to  receive 
or  receive,  either  by  way  of  gift  or  of  reward  or  of  compen- 
sation for  services,  or  otherwise,  except  for  proper  legal 
services,  any  money  or  other  thing  of  value,  or  shall  trans- 
mit the  same  from  one  person  to  another,  nor  in  such  at- 
tempt or  for  such  procurement  shall  any  person  make  or 
offer  or  promise  to  make  or  to  procure  or  induce  the  making 
of  any  appointment  to  any  position  whether  or  not  in  the 
public  service. 

Section  167.  No  person  shall  represent  or  purport  to 
represent  any  prisoner,  then  confined  in  any  of  the  penal 
institutions  of  this  commonwealth  for  the  commission  of  a 
felony  or  then  under  sentence  to  serve  a  term  of  imprison- 
ment in  any  of  said  institutions  for  the  commission  of  a 
felony,  in  the  attempt  to  procure  or  for  the  procurement 
of  any  pardon,  parole,  commutation  of  or  respite  from  sen- 
tence, unless  he  shall  first  have  filed  in  the  office  of  the  state 
secretary  a  written  statement  signed  by  such  person  and 
made  under  the  penalties  of  perjury,  stating  in  substance 
that  none  of  the  provisions  of  section  one  hundred  and 
sixty-six  has  been  violated,  that  such  person  is  acting  with 
the  written  consent  of  the  prisoner,  and  that  such  person 
has  not  received  or  been  promised  and  does  not  expect  to 
receive  or  to  be  promised  any  money  or  other  reward  for 
so  acting,  except  fees  or  other  reward  for  legal  services,  the 
amount  of  which  fees  or  other  reward  and  a  detailed  de- 
scription of  which  services  shall  be  set  forth  in  such  state- 
ment. If  any  person  receives  any  additional  fee  or  other 
reward  for  legal  services  different  from  that  disclosed  in  the 
statement  referred  to  in  this  section,  such  person  shall  forth- 
with file  in  the  same  form  and  manner  as  the  original  state- 
ment an  additional  statement  setting  forth  the  amount  of 
such  additional  fees  or  the  exact  nature  and  extent  of  such 
reward,  with  a  detailed  description  of  the  legal  services 
rendered  for  such  fee  or  reward.  Said  statements  shall  be 
kept  as  permanent  records  in  the  oflEice  of  the  state  secretary 
and  shall  be  open  to  public  inspection  at  any  reasonable  time. 


Written 
authority  to 
represent 
prisoner. 
Filing  of, 
etc. 


Acts,  1939.  —  Chap.  485.  665 

Section  168.    Whoever  violates  any  provision  of  section  one  Penalty. 
hundred  and  sixty-six  or  one  hundred  and  sixty-seven  shall 
be  punished  by  a  fine  of  not  more  than  five  thousand  dollars 
or  by  imprisonment  for  not  more  than  two  years,  or  both. 

Section  169.    A  copy  of  sections  one  hundred  and  sixty-  Copy  of.iaw 
six  to  one  hundred  and  sixty-nine,  inclusive,  shall  be  printed  on  peutionl 
on  the  form  of  any  petition  for  pardon,  parole,  commuta- 
tion of  or  respite  from  sentence,  but  shall  not  be  deemed 
a  part  of  such  petition.  Approved  August  12,  1939. 

An  Act  relative  to  the  establishment  of  the  Norfolk  QJkuj  435 

STATE  hospital  FOR  THE  CARE  OF  THE  CRIMINAL  INSANE.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  twenty-one  of  the 
acts  of  nineteen  hundred  and  thirty-five  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof  the 
following :  —  Section  1 .  As  soon  as  funds  become  available 
for  the  construction  of  a  state  hospital  for  the  criminal  in- 
sane on  land  of  the  state  prison  colony  at  Norfolk,  the 
commissioner  of  correction  is  hereby  authorized,  with  the 
approval  of  the  governor  and  council,  to  transfer  to  the  de- 
partment of  mental  health  the  control  of  so  much  of  said  land 
as,  in  the  opinion  of  the  commissioner  of  correction,  the  com- 
missioner of  mental  health  and  the  chairman  of  the  commis- 
sion on  administration  and  finance,  maj^  be  necessary  for  such 
a  state  hospital,  or  as  soon  as  funds  become  available  for  the 
acquisition  of  other  land  and  the  construction  thereon  of 
such  a  state  hospital,  said  commissioner  of  mental  health 
may,  with  the  approval  of  the  governor  and  council,  take  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws,  or  acquire  by  purchase  or  otherwise,  such  land  as  maj^ 
be  necessarj^  for  such  construction. 

Section  2.  Said  chapter  four  hundred  and  twenty-one 
is  hereby  further  amended  by  striking  out  section  two  and 
inserting  in  place  thereof  the  following :  —  Section  2.  Upon 
the  acquisition  of  land  by  transfer  of  control,  taking,  pur- 
chase or  otherwise  under  section  one,  there  shall  be  con- 
structed thereon  a  state  hospital  for  the  criminal  insane,  to 
be  known  as  the  Norfolk  state  hospital,  and  any  funds  re- 
ceived from  the  federal  government  may  be  used  for  such 
construction.  Upon  receipt  of  notification  from  said  depart- 
ment that  said  state  hospital  is  ready  for  the  reception  of 
patients,  the  governor  shall  issue  his  proclamation  establish- 
ing said  hospital  and  fixing  a  time  for  the  opening  thereof 
for  use  as  a  state  hospital  for  the  criminal  insane.  There- 
upon said  hospital  shall  be  subject  to  all  provisions  of  law 
applicable  to  state  hospitals  for  the  criminal  insane,  under 
the  control  of  said  department.  As  soon  as  may  be  after  the 
time  fixed  by  such  proclamation,  all  insane  criminals  then 
confined  at  the  Bridgewater  state  hospital  shall  be  trans- 
ferred to  said  Norfolk  state  hospital  or  to  some  other  state 
hospital  under  the  control  of  said  department. 

Approved  August  12,  1939. 


666 


Acts,  1939.  —  Chap.  486. 


ChapASQ  An  Act  relating  to  the  taxation  of  wages,  salary  or 

COMPENSATION  OF  OFFICERS  AND  EMPLOYEES  OF  THE 
UNITED  STATES,  CERTAIN  BODIES  POLITIC  OR  CORPORATE 
AND  CERTAIN  AGENCIES  AND  INSTRUMENTALITIES  THEREOF. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  62,  §  5, 
etc.,  amended. 


Taxation 
of  income 
of  federal 
employees, 
etc. 


G.  L.  (Ter. 
Ed.),  62,  §  22, 
amended. 


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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  five  of  chapter  sixty-two  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  subsection  (6), 
as  most  recently  amended  by  section  eight  of  chapter  fotir 
hundred  and  eighty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-five,  and  inserting  in  place  thereof  the  follow- 
ing:— 

(6)  The  excess  over  two  thousand  dollars  of  the  income, 
as  defined  in  section  six,  derived  from  professions,  employ- 
ments, trade  or  business  shall  be  taxed  at  the  rate  of  one 
and  one  half  per  cent  per  annum.  In  determining  such  in- 
come the  rental  value  of  living  quarters  furnished  any  indi- 
vidual as  part  of  his  compensation  shall  be  included.  The 
wages,  salary  or  compensation  received  prior  to  January 
first,  nineteen  hundred  and  thirty-nine,  for  personal  services 
of  officers  and  employees  of  the  United  States,  any  territory 
or  possession  or  political  subdivision  thereof,  the  District  of 
Columbia,  or  any  agency  or  instrumentality  of  any  one  or 
more  of  the  foregoing,  shall  be  exempt  unless  such  officers 
and  employees  are  officers  or  employees  of  any  corporate 
agency  or  instrumentality  which  is  not  exempt  from  federal 
income  taxation,  or  which,  if  so  exempt,  is  one  (a)  a  majority 
of  the  stock  of  which  is  not  owned  by  or  on  behalf  of  the 
United  States,  and  (6)  the  power  to  appoint  or  select  a 
majority  of  the  board  of  directors  of  which  is  not  exercisable 
by  or  on  behalf  of  the  United  States.  Retirement  allow- 
ances, however  described,  from  the  commonwealth  or  any 
county,  city,  town  or  district  thereof,  or  from  any  person, 
if  not  exempt  by  law,  and  interest  received  in  the  course 
of  business  by  persons  subject  to  the  provisions  of  sections 
seventy  to  eighty-five,  inclusive,  of  chapter  one  hundred 
and  forty,  shall  be  taxed  under  this  subsection. 

Section  2.  Said  chapter  sixty-two  is  hereby  further 
amended  by  striking  out  section  twenty-two,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following:  —  Section  22.  Every  individual  inhabitant 
of  the  commonwealth,  including  every  partnership,  associa- 
tion or  trust,  whose  annual  income  from  all  sources  exceeds 
two  thousand  dollars  shall  annually  make  a  return  of  his 
entire  income,  except  income  derived  (a)  from  real  estate, 
(6)  from  dividends  exempt  from  taxation  under  section  one, 
(c)  from  interest  upon  bonds  or  other  obligations  of  the 
United  States,  (d)  from  interest  upon  such  bonds,  notes  and 


Acts,  1939.  —  Chap.  487.  667 

certificates  of  indebtedness  of  the  commonwealth  and  poht- 
ical  subdivisions  thereof  as  are  exempt  from  taxation  under 
clause  twenty-fifth  of  section  five  of  chapter  fifty-nine,  (e) 
from  loans  secured  exclusively  by  duly  recorded  mortgage 
of  real  estate,  taxable  as  real  estate,  situated  in  the  com- 
monwealth, to  an  amount  not  exceeding  the  assessed  value 
of  the  mortgaged  real  estate  less  the  amount  of  all  prior 
mortgages,  and  (/)  from  wages,  salaries  or  compensation 
exempted  from  taxation  by  subsection  (6)  of  section  five. 
Every  other  individual  inhabitant,  including  every  partner- 
ship, association  or  trust,  who  receives  income  taxable  un- 
der section  one  or  subsection  (a)  or  (c)  of  section  five  shall 
make  an  annual  return  of  such  taxable  income. 

Section  3.  Except  as  otherwise  provided  in  section  one, 
this  act  shall  apply  with  respect  to  taxes  assessed  in  or  on 
account  of  the  year  nineteen  hundred  and  thirty-nine  and 
thereafter.  Approved  August  12,  1939. 

An  Act  further  defining  the  term  dependent  child  (JJ^ar)  487 

UNDER    THE    LAW    PROVIDING    AID     TO     DEPENDENT    CHIL-  ^' 

DREN. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  eighteen  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  one  of  chapter  four  ^^f  ^^t"^^^' 
hundred  and  thirteen  of  the  acts  of  nineteen  hundred  and  amended, 
thirty-six,  is  hereby  amended  by  inserting  after  the  word 
"sixteen"  in  the  fourth  line  the  following:  —  ,  or  under  the 
age  of  eighteen  if  found  to  be  regularly  attending  school,  — 
so  as  to  read  as  follows :  —  Section  1 .     The  following  words  Definitions. 
and  phrases  as  used  in  this  chapter,  unless  the  context  other- 
wise requires,  shall  have  the  following  meanings:  — 

"Dependent  child",  a  child  under  the  age  of  sixteen,  or 
under  the  age  of  eighteen  if  found  to  be  regularly  attending 
school,  who  has  been  deprived  of  parental  support  or  care  by 
reason  of  the  death,  continued  absence  from  home  or  physi- 
cal or  mental  incapacity  of  a  parent,  and  who  is  living 
with  his  father,  mother,  grandfather,  grandmother,  brother, 
sister,  stepfather,  stepmother,  stepbrother,  stepsister,  uncle 
or  aunt  in  a  place  of  residence  maintained  by  one  or  more  of 
such  relatives  as  his  or  their  own  home,  whether  or  not  they 
or  any  of  them  have  a  settlement  within  the  commonwealth. 

"Aid  to  dependent  children",  money  payments  with  re- 
spect to  a  dependent  child  or  dependent  children. 

"Department",  the  department  of  public  welfare. 

"Parent"  shall  include  any  relative  described  in  the  para- 
graph of  this  section  defining  "Dependent  child",  in  respect 
to  dependent  children  in  his  or  her  care  or  custody. 

Approved  August  12,  1939. 


Acts,  1939.  —  Chap.  488. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  175,  §  93, 
amended. 


Issuance  of 
policies  by 
mutual  com- 
panies. 


ChapA88  An  Act  establishing  additional  financial  requirements 

FOR   MUTUAL   LIABILITY   INSURANCE   COMPANIES. 

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  folloios: 

Section  1.  Section  ninety-three  of  chapter  one  hundred 
and  seventy-five  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out  the 
first  paragraph  and  inserting  in  place  thereof  the  following 
paragraph :  —  No  policy  shall  be  issued  by  a  mutual  com- 
pany formed  to  transact  business  under  any  one  or  more  of 
the  subdivisions  of  the  sixth  clause  of  section  forty-seven 
until  it  has  secured  applications  for  insurance  on  risks  in  the 
commonwealth,  the  premiums  on  which  shall  amount  to  not 
less  than  one  hundred  thousand  dollars  and  it  has  satisfied 
the  commissioner  that  such  premiums  have  been  actually 
paid  to  it  in  full  in  cash,  nor,  if  it  proposes  to  transact  busi- 
ness under  subdivision  (6)  of  said  sixth  clause,  until  it  has 
also  established  a  fully  paid-up  guaranty  capital  of  not  less 
than  two  hundred  thousand  dollars,  nor,  if  it  proposes  to 
transact  business  under  subdivision  (e)  of  said  clause,  until 
it  has  also  made  arrangements  satisfactory  to  the  commis- 
sioner, by  reinsurance,  as  provided  in  section  twenty,  to 
protect  it  from  extraordinary  losses  caused  by  any  one 
disaster.  Such  guaranty  capital  shall  be  subject  to  all  the 
provisions  of  section  seventy-nine  relative  to  the  guaranty 
capital  of  a  domestic  mutual  fire  company,  except  as  here- 
inafter and  in  section  ninety-three  D  provided,  and  except 
that  the  maximum  limitation  of  amount  set  forth  in  section 
seventy-nine  shall  not  apply.  While  a  company  is  transact- 
ing business  under  said  subdivision  (b)  of  said  clause  sixth, 
the  provisions  of  section  seventy-nine  relative  to  the  retire- 
ment of  the  guaranty  capital  shall  not  apply,  nor  shall  the 
provisions  of  said  section  relative  to  the  reduction  of  such 
capital  authorize  the  reduction  of  its  guaranty  capital  below 
two  hundred  thousand  dollars.  The  guaranty  capital  shall 
be  maintained  as  long  as  the  company  transacts  business 
under  said  subdivision  (6)  of  said  clause  sixth. 

Section  2.  The  first  paragraph  of  section  six  of  chapter 
one  hundred  and  seventy-five  of  the  General  Laws,  as  most 
recently  amended  by  section  one  of  chapter  four  hundred 
and  seventy-two  of  the  acts  of  the  current  year,  is  hereby 
further  amended  by  inserting  after  the  words  "section 
ninety  B"  the  words:  —  or  ninety-three,  —  so  that  said 
paragraph  will  read  as  follows :  —  If  it  appears  to  the  com- 
missioner that  the  capital  of  a  domestic  stock  company  other 
than  a  life  company  is  impaired  to  the  extent  of  one  quarter 
or  more  on  the  basis  fixed  by  sections  ten  to  twelve,  inclusive, 
but  that  the  company  can  with  safety  to  the  public  and  its 


G.  L.  (Ter. 
Ed.),  175, 
§  6,  etc., 
amended. 


Injunction 
and  receiver- 
ship pro- 
ceedings. 


Acts,  1939.  —  Chap.  488.  669 

policyholders  be  permitted  to  continue  to  transact  business, 
he  shall  notify  the  company  in  writing  that  its  capital  is  le- 
gally subject  to  be  made  good  as  provided  in  section  sixty- 
nine.  If  such  a  company  other  than  a  life  company  shall 
not  within  three  months  after  receiving  such  notice  satisfy 
the  commissioner  that  it  has  fully  made  good  its  capital 
or  reduced  it  as  provided  in  section  seventy-one,  or,  if  he  is 
satisfied  that  any  domestic  company  is  insolvent  or  in  an 
unsound  financial  condition,  or  that  its  business  policies 
or  methods  are  unsound  or  improper,  or  that  its  condition  or 
management  is  such  as  to  render  its  further  transaction  of 
business  hazardous  to  the  pubUc  or  to  its  policyholders 
or  creditors,  or  that  it  is  transacting  business  fraudulently  or 
that  it  or  its  officers  or  agents  have  refused  to  submit  to 
an  examination  under  section  four  or  seventy-three,  or  that 
it  has  attempted  or  is  attempting  to  compromise  with  its 
creditors  on  the  ground  that  it  is  financially  unable  to  pay 
its  claims  in  full,  or  that,  when  its  assets  are  less  than  its 
habihties,  inclusive  of  unearned  premiums  but  exclusive  of 
capital,  if  any,  it  has  attempted  or  is  attempting  to  the  dis- 
advantage of  policyholders  who  have  sustained  losses  to  pre- 
fer or,  has  preferred,  by  reinsurance,  poficyholders  who  have 
sustained  no  losses,  he  shall,  except  as  provided  in  section 
one  hundred  and  eighty  B  or  one  hundred  and  eighty  C,  or, 
if  he  is  satisfied  that  any  domestic  company  has  exceeded 
its  powers  or  has  violated  any  provision  of  law,  or  that  the 
amount  of  its  funds,  insurance  in  force  or  premiums  or  num- 
ber of  risks  is  deficient  or  that  its  guaranty  capital  under 
section  ninety  B  or  ninety-three  or  its  guaranty  fund  under 
section  ninety  C  is  impaired,  as  set  forth  in  sections  twenty- 
three,  seventy-four,  ninety-three  D  and  one  hundred  and 
sixteen,  he  may,  apply  to  the  supreme  judicial  court  for  an 
injunction  restraining  it  in  whole  or  in  part  from  further 
proceeding  with  its  business  and  for  the  appointment  of  a 
receiver  or  receivers.  The  court  may  issue  a  temporary 
injunction  and  appoint  one  or  more  temporary  receivers 
forthwith,  and  it  may  after  a  full  hearing  make  the  injunc- 
tion permanent  and  appoint  one  or  more  permanent  re- 
ceivers to  take  possession  of  all  the  property  and  effects  of 
the  company,  to  settle  its  affairs,  and  to  distribute  its  assets, 
subject  to  such  rules  and  orders  as  the  court  may  prescribe. 
In  the  case  of  a  domestic  company  transacting  business  in 
any  other  reciprocal  state,  as  defined  in  section  one  hundred 
and  eighty  A,  the  commissioner,  instead  of  proceeding  under 
this  section,  may  institute  a  proceeding  under  section  one 
hundred  and  eighty  B  or  one  hundred  and  eighty  C. 

Section  3.     Section  fifty-four  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-five,  as  appearing  in  the  Tercentenary  amendJd.'  ^  ^^' 
Edition,  is  hereby  amended  by  striking  out  clause  (e)  and 
inserting  in  place  thereof  the  following:  — 

(e)  Any  one  or  more  of  the  fourth,  fifth,  sixth,  seventh,  Ss'^s'^thich"'*' 
eighth,  ninth,  tenth,  twelfth  and  thirteenth  clauses,  if  au-  may  be  com- 
thorized  to  transact  business  under  any  one  of  said  clauses,  ufn  mwtuaT 

companies. 


670 


Acts,  1939.  —  Chap.  488. 


G.  L.  (Ter. 
Ed.),  175, 
§93B, 
amended. 

Issue  of 
policies. 


G.  L.  (Ter. 
Ed.),  175, 
§930, 
amended. 

Guaranty 
capital. 


G.  L.  (Ter, 
Ed.),  175, 
§  93D, 
amended. 


provided  that  before  transacting  business  under  any  such 
additional  clause,  other  than  the  fourth,  it  shall  have  net 
cash  assets  over  all  its  liabilities,  computed  on  the  basis 
fixed  by  sections  ten  to  twelve,  inclusive,  of  not  less  than  one 
hundred  thousand  dollars  for  each  additional  clause,  which 
net  cash  assets  shall  be  maintained  as  long  as  it  transacts 
business  under  such  additional  clause ;  and  provided  further, 
that  before  transacting  business  under  the  fourth  clause,  it 
shall  have  a  fully  paid-up  guaranty  capital  as  provided  in 
section  ninety  B  or  a  guaranty  fund  as  provided  in  section 
ninety  C,  and  net  cash  assets,  so  computed,  exclusive  of 
said  capital  or  fund,  of  not  less  than  one  hundred  thousand 
dollars,  and  that  before  transacting  business  under  sub- 
division (6)  of  the  sixth  clause,  it  shall  have  a  fully  paid-up 
guaranty  capital  as  provided  in  section  ninety-three  in  addi- 
tion to  the  net  cash  assets  hereinbefore  required  for  trans- 
acting business  under  the  sixth  clause.  Any  mutual  com- 
pany transacting  business  under  this  clause  may  accumulate 
and  maintain  the  net  cash  assets  required  hereunder  in 
addition  to  the  amount  permitted  by  section  eighty.  The 
provision  of  section  twenty-one  that  a  mutual  boiler  com- 
pany may  insure  in  a  single  risk  an  amount  not  exceeding 
one  fourth  of  its  net  assets  shall  not  apply  to  any  mutual 
company  transacting  business  under  this  clause. 

Section  4.  Said  chapter  one  hundred  and  seventy-five 
is  hereby  further  amended  by  striking  out  section  ninety- 
three  B,  as  so  appearing,  and  inserting  in  place  thereof  the 
following:  —  Section  93B.  No  policy  shall  be  issued  by  a 
mutual  company  formed  to  transact  business  under  clause 
(d)  of  section  forty-eight  A  until  it  has  secured  the  applica- 
tions for  insurance  required  by  sections  ninety-two,  ninety- 
three  and  ninety-three  A,  or  any  of  them,  in  respect  to  the 
classes  of  business  which  it  proposes  to  transact,  nor,  if  it 
proposes  to  transact  business  under  clause  fourth  of  section 
forty-seven,  until  it  has  established  the  fully  paid-up  guar- 
anty capital  required  by  section  ninety  B,  nor,  if  it  proposes 
to  transact  business  under  subdivision  (b)  of  clause  sixth  of 
section  forty-seven,  until  it  has  established  the  fully  paid-up 
guaranty  capital  required  by  section  ninety-three. 

Section  5.  Said  chapter  one  hundred  and  seventy-five 
is  hereby  further  amended  by  striking  out  section  ninety- 
three  C,  as  so  appearing,  and  inserting  in  place  thereof  the 
following :  —  Section  93C.  Any  mutual  company  formed  or 
authorized  to  transact  business  under  the  third,  fifth,  sixth, 
seventh,  eighth,  ninth,  tenth,  twelfth  or  thirteenth  clause  of 
section  forty-seven  or  under  clause  (h),  (c)  or  (d)  of  section 
forty-eight  A  may,  except  as  provided  in  sections  ninety  B 
and  ninety-three,  at  any  time  establish  a  guaranty  capital 
as  provided  in  and  subject  to  the  provisions  of  section 
seventy-nine. 

Section  6.  Said  chapter  one  hundred  and  seventy-five 
is  hereby  farther  amended  by  striking  out  section  ninety- 
three  D,  as  so  appearing,  and  inserting  in  place  thereof  the 


Acts,  1939.  —  Chap.  488.  671 

following:  —  Section  93D.  No  domestic  mutual  company  Companies 
transacting  business  under  clause  three,  five,  six,  seven,  nes^!  wLnf* " 
eight,  nine,  ten,  twelve  or  thirteen  of  section  forty-seven, 
or  under  clause  (&),  (c)  or  (d)  of  section  forty-eight  A,  whose 
amount  of  insurance  in  force  or  premiums  or  number  of  risks 
on  its  books  become  at  anj^  time  from  any  cause  less  than 
the  amounts  or  number  required  by  section  ninety  A,  ninety- 
two,  ninety-three,  ninety-three  A  or  ninety-three  B,  and  no 
mutual  company  transacting  business  under  the  fourth  clause 
of  section  forty-seven  whose  guaranty  capital  required  by 
section  ninety  B  or  whose  guaranty  fund  established  under 
section  ninety  C  is  impaired  on  the  basis  fixed  by  sections 
ten  to  twelve,  inclusive,  and  no  mutual  company  transact- 
ing business  under  subdivision  (6)  of  the  sixth  clause  of 
section  forty-seven  whose  guaranty  capital  required  by  sec- 
tion ninety-three  is  so  impaired,  shall  make  any  further  in- 
surance until  it  has  secured  applications  for  policies  which 
shall  restore  the  amount  of  insurance  or  premimns  or  num- 
ber of  risks  to  the  amounts  and  number  required  by  said 
section  ninety  A,  ninety-two,  ninety-tliree,  ninety-three  A 
and  ninety-three  B,  nor  until  such  guaranty  capital  or  guar- 
anty fund  is  restored  to  the  amount  required  by  said  section 
ninety  B,  ninety  C  or  ninety-three,  nor  until  such  company 
in  any  case  has  obtained  a  certificate  as  provided  in  section 
seventy-four. 

Section  7.     Clause  Second  of  section  one  hundred  and  g.  l.  (Ter. 
fifty-one  of  said  chapter  one  hundred  and  seventy-five,  as  §  I'si,  etc.. 
amended  by  section  one  of  chapter  one  hundred  and  seven  amended. 
of  the  acts  of  nineteen  hundred  and  thirty-three,  is  hereby 
further  amended  by  striking  out  subdivision   (3)    (c)  and 
inserting  in  place  thereof  the  following: —  (c),  if  it  proposes  conditions 
to  transact  business  under  the  sixth  clause  of  said  section  of  adniission 
forty-seven,  net  cash  assets,  so  computed,  of  not  less  than  companies, 
two  hundred  thousand  dollars,  or  net  cash  assets,  so  com- 
puted, of  not  less  than  one  hundred  thousand  dollars  and 
contingent  assets  of  not  less  than  four  hundred  thousand 
dollars;    provided,  that  before  transacting  business  under 
subdivision  (6)  of  said  sixth  clause  it  shall  in  addition  have 
a  fully  paid-up  guaranty  capital  established  in  accordance 
with  the  laws  of  its  home  state  of  two  hundred  thousand 
dollars,  unimpaired  on  the  basis  fixed  by  sections  ten  to 
twelve,  inclusive. 

Section  8.    Said  clause  Second  of  said  section  one  hun-  q  ^  (Ter. 
dred  and  fifty-one,  as  so  amended,  is  hereby  further  amended  Ed ),  175.    ^ 
by  striking  out  subdivision  (3)   (/)  and  inserting  in  place  amended^ 
thereof  the  following: —  (/),  if  it  proposes  to  transact  busi-  same 
ness  under  any  two  or  more  of  the  fourth,  fifth,  sixth,  seventh,  subject. 
eighth,  ninth,  tenth,  twelfth  and  thirteenth  clauses  of  said 
section  forty-seven,  net  cash  assets,  computed  as  aforesaid, 
at  least  equal  to  the  amount  of  capital  required  by  said 
sections  forty-eight  and  fifty-one  of  a  domestic  stock  com- 
pany transacting  the  same  classes  of  business,  or  net  cash 
assets,  computed  as  aforesaid,  of  not  less  than  seventy-five 


672 


Acts,  1939.  —  Chap.  489. 


Application 
of  act. 


thousand  dollars  and  contingent  assets  of  not  less  than  one 
hundred  and  fifty  thousand  dollars,  for  each  clause  under 
which  it  proposes  to  transact  business;  provided,  that  it 
shall  in  addition  thereto  have  the  guaranty  capital  or  guar- 
anty fund  and  net  cash  assets  required  by  (6)  hereof  if  it 
proposes  to  transact  business  under  said  fourth  clause,  and 
in  addition  thereto  the  net  cash  or  net  cash  and  contingent 
assets  required  by  (c)  hereof  if  it  proposes  to  transact 
business  under  said  sixth  clause,  and  in  addition  thereto 
the  guaranty  capital  required  by  (a)  hereof,  if  it  proposes 
to  transact  business  under  subdivision  (6)  of  said  clause 
sixth; 

Section  9.  This  act  shall  not  apply  to  any  mutual  in- 
surance company  which,  prior  to  its  effective  date,  is  author- 
ized to  issue  policies  under  subdivision  (6)  of  clause  sixth  of 
section  forty-seven  of  chapter  one  hundred  and  seventy-five 
of  the  General  Laws.  Approved  August  12,  1939. 


G.  L.  (Ter. 
Ed.),  152, 
§§  65A  to 
65M,  inserted. 

Appeal  to 
department, 
when  employer 
is  refused 
insurance. 


C/iap.489  An  Act  providing  for  the  equitable  distribution  of 

REJECTED  RISKS  AMONG  INSURERS  OF  WORKMEN'S  COM- 
PENSATION, AND  THE  POOLING  OF  LOSSES  IN  CONNECTION 
WITH    SUCH   RISKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  sixty-five,  as 
amended,  under  the  caption  assignment  of  rejected  risks 
AND  POOLING,  the  following  thirteen  new  sections :  —  Sec- 
tion 65 A .  Any  employer  whose  apphcation  for  workmen's 
compensation  insurance  has  been  rejected  or  not  accepted 
within  five  days  by  two  insurers  may  appeal  to  the  depart- 
ment, and  if  it  shall  appear  that  such  employer  has  complied 
with  or  will  comply  substantially  with  all  laws,  orders,  rules 
and  regulations  in  force  and  effect  relating  to  the  welfare, 
health  and  safety  of  his  employees,  and  shall  not  be  in  default 
of  payment  of  any  premium  for  such  insurance,  then  the 
department  shall  certify  to  the  commissioner  of  insurance 
that  such  employer  is  entitled  to  workmen's  compensation 
insurance.  The  commissioner  of  insurance  shall  thereupon 
designate  an  insurer  who  shall  forthwith,  upon  the  receipt 
of  the  payment  for  the  premium  therefor,  issue  to  such 
employer  a  policy  of  insurance  contracting  to  pay  the  com- 
pensation provided  for  by  this  chapter.  The  commissioner 
of  insurance  shall  make  equitable  distribution  of  such  risks 
among  insurers  in  such  manner  that,  so  far  as  practicable, 
no  insurer  will  be  assigned  a  larger  proportion  of  premiums 
under  assigned  policies  during  any  calendar  year  than  that 
which  the  total  of  workmen's  compensation  premiums  written 
in  the  commonwealth  by  such  insurer  during  the  previous 
calendar  year  bears  to  the  total  workmen's  compensation 
premiums  written  in  the  commonwealth  by  all  insurers  dur- 
ing the  previous  calendar  year. 


Distribution 
of  risks. 


Acts,  1939.  —  Chap.  489.  673 

Section  65B.  If,  after  the  issuance  of  a  policy  under  sec-  Cancellation 
tion  sixty-five  A,  it  shall  appear  that  the  employer  to  whom  °  ^°  "'^' 
the  policy  was  issued  is  not  or  has  ceased  to  be  entitled  to 
such  insurance,  the  insurer,  with  the  approval  of  the  de- 
partment, may  cancel  such  poHcy  in  the  manner  provided 
in  this  chapter;  provided,  that  any  insurer  desiring  to  cancel 
such  a  poUcy  shall  give  notice  in  writing  to  the  department 
and  the  insured  of  its  desire  to  cancel  the  same.  The  de- 
partment may  approve  such  cancellation  unless  the  employer 
shall  within  ten  days  after  the  receipt  of  such  notice  file 
with  the  department  objections  thereto,  and,  if  such  ob- 
jections are  filed,  a  member  of  the  department  shall  hear  and 
decide  the  case  within  a  reasonable  time  thereafter,  subject 
to  review  as  provided  where  a  claim  for  a  review  referred 
to  in  section  eight  is  filed. 

Section  65C.  All  losses  incurred  under  policies  issued  to  Distribution 
employers  under  section  sixty-five  A  shall  be  equitably  dis-  "^  '°®®''^- 
tributed  as  herein  provided  among  all  insurers  authorized  p°o'"»8. 
to  transact  and  transacting  workmen's  compensation  in- 
surance in  the  commonwealth.  Such  distributions  of  losses 
shall  be  effected  through  two  separate  reinsurance  pools; 
one  constituted  by  and  comprised  of  all  insurers  operating 
as  non-stock  companies,  herein  called  the  "non-stock  pool", 
and  the  other  constituted  by  and  comprised  of  all  insurers 
operating  as  stock  companies,  herein  called  the  "stock 
pool".  All  losses  incurred  by  members  of  the  non-stock 
pool  shall  be  equitably  distributed  among  all  insurers  which 
are  members  of  such  pool,  and  all  losses  incurred  by  members 
of  the  stock  pool  shall  be  equitably  distributed  among  all 
insurers  which  are  members  of  such  pool.  The  non-stock 
pool  shall  distribute  all  losses  incurred  by  its  members  during 
each  calendar  year  under  poficies  issued  to  employers  pur- 
suant to  any  provision  of  sections  sixty-five  A  to  sixty-five  M, 
inclusive,  in  such  a  manner  that  no  member  shall  be  required 
to  pay  a  larger  proportion  of  such  losses  than  the  volume  of 
all  workmen's  compensation  insurance  premiums  written 
by  such  member  in  the  commonwealth  during  the  previous 
calendar  year  bears  to  the  total  volume  of  such  insurance 
premiums  written  in  the  commonwealth  by  all  members  of 
the  non-stock  pool  during  such  previous  calendar  year.  The 
stock  pool  shall  distribute  all  losses  incurred  by  its  members 
during  each  calendar  year  under  such  policies  in  such  a 
manner  that  no  member  shall  be  required  to  pay  a  larger 
proportion  of  such  losses  than  the  volume  of  all  such  in- 
surance premiums  written  by  such  member  in  the  common- 
wealth during  the  previous  calendar  year  bears  to  the  total 
volume  of  such  insurance  premiums  written  in  the  common- 
wealth by  all  members  of  the  stock  pool  during  such  previous 
calendar  year.  The  words  "premiums  written",  as  used 
in  this  section,  shall  mean  gross  premiums  charged  on  all 
policies  less  all  premiums  returned  to  policyholders  except 
dividends  or  savings  refunded  under  participating  pohcies. 
No  insurer  shall  be  authorized  to  write  or  to  continue  to 


674 


Acts,  1939.  —  Chap.  489. 


Assignment 
of  insurance. 


Payments 
into  pool. 


Term  "Losses 

incurred", 

defined. 


Rules,  etc., 
of  reinsur- 
ance pool. 


Effect  of 
certain  sections. 


Inspection 
of  risk  by 
insurer. 


write  compensation  insurance  in  this  commonwealth  unless 
such  insurer  is  a  member  of  the  pool  herein  designated  for 
such  insurer. 

Section  65 D.  By  arrangement  between  insurers  which 
are  members  of  the  same  pool  and  all  other  members  of  such 
pool,  and  with  the  approval  of  the  commissioner  of  insur- 
ance, an  insurer  referred  to  in  section  sixty-five  C  may  issue 
a  policy  to  an  employer  who  had  been  assigned  by  said 
commissioner  to  another  insurer,  and  such  issuance  of  a 
policy  shall  constitute  a  compliance  with  and  be  subject  to 
section  sixty-five  A  and  shall  not  affect  the  allotment  to  the 
respective  insurers  of  assignments  thereafter  to  be  made  by 
the  commissioner  of  insurance. 

Section  65E.  Any  employer  whose  insurance  has  been 
assigned  under  section  sixty-five  A,  if  such  insurance  is  later 
reassigned  under  said  section,  shall  be  assigned  to  an  insurer 
which  is  a  member  of  the  same  pool  as  the  previously  as- 
signed insurer. 

Section  65F.  At  the  termination  of  any  workmen's  com- 
pensation insurance  policy  issued  to  an  employer  whose  in- 
surance has  been  assigned  to  an  insiu-er  under  section  sixty- 
five  A,  any  insurer  may  voluntarily  provide  such  insurance 
for  such  employer  on  its  own  behalf,  but  such  insurer  shall 
pay  into  the  pool  by  which  such  policy  or  policies  of  such 
employer  were  reinsured  an  amount  equal  to  any  excess 
of  losses  incurred  over  the  premiums  collected  on  account 
of  such  policy  or  policies  during  the  entire  period  of  insur- 
ance as  an  assigned  employer. 

Section  65G.  The  words  "Losses  incurred",  as  used  in 
sections  sixty-five  C  and  sixty-five  F,  shall  mean,  with  re- 
spect to  each  policy,  the  losses  paid  and  estimated  to  be 
paid  thereunder.  Any  dispute  as  to  the  amounts  to  be  paid 
under  sections  sixty-five  C  and  sixty-five  F  shall  be  resolved 
by  the  commissioner  of  insurance  upon  hearing  after  reason- 
able notice  to  all  interested  parties. 

Section  65H.  Each  reinsurance  pool  shall  adopt,  and  may 
alter  and  amend,  rules  and  regulations  not  inconsistent 
with  law,  which  rules  and  regulations  shall  be  submitted 
for  approval  to  the  commissioner  of  insurance  and  shall  be 
binding  upon  all  members  of  such  pool  when  approved  by 
said  commissioner.  Provision  may  be  made  under  such 
rules  and  regulations  for  the  subsequent  adjustment  of  pay- 
ments originally  made  on  behalf  of  assigned  risks  on  the 
basis  of  estimated  losses  incurred. 

Section  651.  Nothing  in  sections  sixty-five  A  to  sixty- 
five  M,  inclusive,  shall  be  construed  to  affect,  in  any  way, 
the  primary  liability  of  the  insurer  to  which  the  risk  is  as- 
signed to  pay  compensation  benefits  in  accordance  with  the 
provisions  of  this  chapter. 

Section  65J.  At  any  time  while  a  policy  issued  pursuant 
to  section  sixty-five  A  is  in  force,  the  insurer,  upon  its  own 
initiative,  may  make  a  careful  inspection  of  the  risk  for  the 
purpose  of  measuring  the  hazards,  making  recommendations 


Acts,  1939.  —  Chap.  489.  675 

for  the  health  and  safety  of  employees,  and  determining 
the  rate  or  rates  which  will  be  adequate  and  reasonable  for 
its  insurance.  Every  such  inspection  shall  be  made  and 
reported  in  accordance  with  such  rules  as  the  department 
of  labor  and  industries  may  prescribe. 

Section  65 K.  Any  employer  to  whom  a  policy  is  issued  ^^PPI^^^^ere 
pursuant  to  section  sixty-five  A  may  appeal,  within  sixty  unreasonable 
days  after  the  effective  date  of  such  policy,  to  the  commis-  chTg"d"  '^ 
sioner  of  insurance  on  the  ground  that  the  premium  charged 
upon  such  policy  is  not  reasonable  or  is  unfairly  discrimi- 
natory, and  said  commissioner  may,  in  his  discretion,  after  a 
hearing  of  which  all  interested  parties  shall  have  reasonable 
notice,  approve  or  disapprove  the  premium  charged.  In 
the  event  the  premium  charged  is  disapproved  by  said  com- 
missioner, he  shall  direct  the  insurer  to  which  the  employer 
was  assigned  to  issue  a  policy  or  to  adjust  the  premium 
thereof  at  a  rate  or  rates  found  by  the  commissioner  of  in- 
surance to  be  adequate,  reasonable  and  not  unfairly  dis- 
criminatory, and  the  rate  or  rates  so  determined  shall  be 
effective  as  of  the  date  of  the  policy,  and  be  binding  upon 
both  the  insurer  and  the  employer. 

Section  65L.  If  an  insurer  refuses  or  neglects  to  comply  Penalty  for 
with  any  provision  of  sections  sixty-five  A  to  sixty-five  K,  compiTwith 
inclusive,  or  with  any  lawful  order  or  ruling  made  by  the  o^'.ders  of  com- 
commissioner  of  insurance  pursuant  thereto,  he  shall  issue  ""^^'°"®'" 
an  order  to  such  insurer  to  show  cause  why  it  should  not 
be  proceeded  against  as  hereinafter  provided,  and  after  due 
notice  and  a  hearing  shall  make  a  finding  thereon  or  order 
such  insurer  forthwith  to  comply.  If  the  insurer  is  found 
by  the  commissioner  of  insurance  to  have  refused  or  neg- 
lected to  comply  with  any  provision  of  sections  sixty- 
five  A  to  sixty-five  K,  inclusive,  or  with  any  lawful  order 
or  ruling  made  thereunder  by  the  commissioner  of  insur- 
ance, he  shall,  in  the  case  of  a  foreign  company,  revoke  or 
suspend  the  license  issued  to  it  under  section  one  hundred 
and  fifty-one  of  chapter  one  hundred  and  seventy-five  and 
the  licenses  issued  to  all  of  its  agents  under  section  one 
hundred  and  sixty-three  of  said  chapter,  as  provided  in  and 
subject  to  all  the  provisions  of  section  five  of  said  chapter, 
until  it  shall  comply  with  such  order  or  ruling,  and,  in  case 
of  a  domestic  company,  he  shall  apply  to  the  supreme  judi- 
cial court  for  an  injunction  and  such  court  shall  have  juris- 
diction to  restrain  such  company  from  further  transaction 
of  its  business  until  it  shall  comply  with  such  order  or  ruling. 

Section  65M.  Any  employer  or  insurer  aggrieved  by  any  Appeal  to 
order  or  ruling  of  the  department  or  of  the  commissioner  of  ^"p^'o'"  <=°'*'"*- 
insurance  under  any  provision  of  sections  sixty-five  A  to 
sixty-five  L,  inclusive,  may,  within  thirty  days  after  notice 
thereof,  and  despite  any  different  limitation  of  time  for 
filing  petitions  contained  in  section  five  of  chapter  one  hun- 
dred and  seventy-five,  file  a  petition  in  the  superior  court 
for  a  review  thereof;  but  the  filing  of  such  a  petition  shall 
not  suspend  such  order  or  ruling  unless  a  stay  thereof  shall 


676 


Acts,  1939.  —  Chap.  490. 


be  allowed  by  a  justice  of  said  court  pending  the  final  deter- 
mination of  the  review.  The  court  shall  summarily  hear  the 
petition  and  make  any  appropriate  order  or  decree. 

Approved  August  12,  1939. 


C/iap. 490      An  Act  relative  to  unemployment  compensation. 

Emergency  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. 


preamble. 


G.  L.  (Ter. 
Ed.),  151A, 
§  1.  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  151A, 
§  1,  etc., 
further 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
fifty-one  A  of  the  General  Laws,  as  appearing  in  chapter 
four  hundred  and  twenty-one  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven,  is  hereby  amended  by  inserting  after 
subsection  (a)  the  following:  — 

(1)  "Base  period,"  the  calendar  year  immediately  pre- 
ceding the  first  day  of  the  benefit  year. 

(2)  "Benefit  year,"  the  twelve  consecutive  month  period 
beginning  on  April  first  and  ending  on  March  thirty-first 
succeeding. 

Section  2.  Section  one  of  chapter  one  hundred  and 
fifty-one  A  of  the  General  Laws,  as  appearing  in  chapter 
four  hundred  and  twenty-one  of  the  acts  of  nineteen  hundred 
and  thirty-seven,  and  as  amended  by  chapter  three  hundred 
and  seventy-four  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  further  amended  by  striking  out  the  subsection  (/) 
and  substituting  therefor  the  following :  — 

(/)  "Employment,"  service,  including  service  in  inter- 
state commerce,  performed  for  wages  or  under  any  contract, 
oral  or  written,  express  or  implied,  by  an  employee  for  his 
employer.  The  term  "employment,"  except  in  such  cases 
as  the  context  of  this  chapter  otherwise  requires,  shall 
include : 

(1)  An  individual's  entire  service,  performed  within,  or 
both  within  and  without  the  commonwealth,  if  — 

(a)  The  service  is  localized  in  the  commonwealth,  or 

(b)  The  service  is  not  localized  in  the  commonwealth, 
but  some  part  of  the  service  is  performed  in  the  common- 
wealth and  (1)  the  base  of  operations,  or,  if  there  is  no  base 
of  operations,  then  the  place  from  which  such  service  is 
directed  or  controlled  is  within  the  commonwealth,  or  (2) 
the  base  of  operations  or  place  from  which  such  service  is 
directed  or  controlled  is  not  in  any  state  in  which  some  part 
of  the  service  is  performed,  but  the  individual's  residence 
is  in  the  commonwealth. 

(2)  Services  not  covered  under  subsection  (/)  (1)  and 
performed  entirely  without  the  commonwealth,  with  respect 
to  no  part  of  which  contributions  are  required  and  paid 
under  an  unemployment  compensation  law  of  any  other 
state  or  of  the  federal  government,  shall  be  deemed  to  be 


Acts,  1939.  —  Chap.  490.  677 

"employment"  subject  to  this  chapter,  if  the  individual 
performing  such  services  is  a  resident  of  this  commonwealth 
and  the  division  approves  the  election  of  the  employer  for 
whom  such  services  are  performed,  that  the  entire  service  of 
such  individual  shall  be  deemed  to  be  "employment"  subject 
to  this  chapter. 

(3)  Services  shall  be  deemed  to  be  locaHzed  within  the 
commonwealth  if  — 

(a)  The  service  is  performed  entirely  within  the  com- 
monwealth, or 

(b)  The  service  is  performed  both  within  and  without  the 
commonwealth,  but  the  service  performed  without  the 
commonwealth  is  incidental  to  the  individual's  service 
within  the  commonwealth;  for  example,  is  temporary  or 
transitory  in  nature,  or  consists  of  isolated  transactions. 

(4)  Service  performed  by  an  individual  shall  be  deemed 
to  be  "employment"  unless  and  until  it  is  shown  to  the 
satisfaction  of  the  division  that  such  individual  has  been  and 
will  continue  to  be  free  from  control  or  direction  by  another 
with  respect  to  the  performance  of  such  services,  both  under 
his  contract  of  service  and  in  fact. 

(5)  The  term  "employment"  shall  include  any  service 
performed  prior  to  January  first,  nineteen  hundred  and 
forty,  which  was  employment  as  defined  in  this  section  prior 
to  such  date  and  any  service,  of  whatever  nature,  performed 
after  December  thirty-first,  nineteen  hundred  and  thirty- 
nine,  by  an  employee  for  the  person  employing  him,  except  — 

(a)  Service  in  agricultural  labor; 

(6)  Domestic  service  in  a  private  home,  local  college  club, 
or  local  chapter  of  a  college  fraternity  or  sorority; 

(c)  Service  performed  as  an  officer  or  member  of  the  crew 
of  a  vessel  on  the  navigable  waters  of  the  United  States; 

(d)  Service  performed  by  an  individual  in  the  employ  of 
his  son,  daughter,  or  spouse,  and  service  performed  by  a 
child  under  the  age  of  twenty-one  in  the  employ  of  his  father 
and  mother,  or  either; 

(e)  Service  performed  in  the  employ  of  the  United  States 
government  or  of  an  instrumentality  of  the  United  States 
which  is  (1)  wholly  owned  by  the  United  States,  or  (2) 
exempt  from  the  tax  imposed  by  section  sixteen  hundred  of 
the  Federal  Internal  Revenue  Code  by  virtue  of  any  other 
provision  of  law;  provided,  that  if  this  commonwealth 
should  not  be  certified  by  the  federal  social  security  board 
under  section  sixteen  hundred  and  three  of  the  United 
States  Internal  Revenue  Code  for  any  year,  then  the  con- 
tributions required  of  any  instrumentalities  of  the  United 
States  government  under  this  chapter  with  respect  to  such 
year  shall  be  deemed  to  have  been  erroneously  collected 
within  the  meaning  of  section  eight  of  this  chapter  and  shall 
be  refunded  by  the  director  from  the  fund  in  accordance 
with  the  provisions  of  said  section  eight. 

(/)  Service  performed  in  the  employ  of  a  state,  or  any 
political  subdivision  thereof,  or  any  instrumentaUty  of  any 


678  Acts,  1939.  —  Chap.  490. 

one  or  more  of  the  foregoing  which  is  wholly  owned  by  one 
or  more  states  or  political  subdivisions;  and  any  service 
performed  in  the  employ  of  any  instrumentality  of  one  or 
more  states  or  poHtical  subdivisions  to  the  extent  that  the 
instrumentality  is,  with  respect  to  such  service,  immune 
under  the  constitution  of  the  United  States  from  the  tax 
imposed  by  section  sixteen  hundred  of  the  Federal  Internal 
Revenue  Code; 

(g)  Service  performed  in  the  employ  of  a  corporation,  or 
of  a  community  chest,  fund,  or  foundation,  so-called,  or- 
ganized and  operated  exclusively  for  a  religious,  charitable, 
scientific,  literary  or  educational  purpose,  or  for  the  purpose 
of  the  prevention  of  cruelty  to  children  or  animals,  no  part 
of  the  net  earnings  of  which  inures  to  the  benefit  of  any 
private  shareholder  or  individual,  and  no  substantial  part 
of  the  activities  of  which  is  carrying  on  propaganda,  or 
otherwise  attempting,  to  influence  legislation; 

(h)  Casual  labor  not  in  the  course  of  the  employer's 
trade  or  business; 

(?)  Service  performed  by  an  individual  as  an  employee 
or  employee  representative  as  defined  in  section  one  of  the 
Federal  Railroad  Unemployment  Insurance  Act ;  and  service 
with  respect  to  which  unemployment  benefits  are  payable 
under  an  unemployment  compensation  system  for  maritime 
employees  established  by  an  Act  of  Congress; 

(j)  Service  performed  in  any  quarter  in  the  employ  of 
any  organization  exempt  from  income  tax  under  section  one 
hundred  and  one  of  the  Federal  Internal  Revenue  Code,  if  — 

(1)  The  remuneration  for  such  service  does  not  exceed 
forty-five  dollars,  or 

(2)  Such  service  is  in  connection  with  the  collection  of 
dues  or  premiums  for  a  fraternal  beneficiary  society,  order, 
or  association,  and  is  performed  away  from  the  home  office, 
or  is  ritualistic  service  in  connection  with  any  such  society, 
order,  or  association,  or 

(3)  Such  service  is  performed  by  a  student  who  is  en- 
rolled and  is  regularly  attending  classes  at  a  school,  college, 
or  university; 

(k)  Service  performed  in  the  employ  of  an  agricultural  or 
horticultural  organization  exempt  from  income  tax  under 
section  one  hundred  and  one  of  the  Federal  Internal  Revenue 
Code; 

(l)  Service  performed  in  the  employ  of  a  voluntary  em- 
ployees' beneficiary  association  providing  for  the  payment 
of  life,  sick,  accident,  or  other  benefits  to  the  members  of 
such  association  or  their  dependents^  if  (1)  no  part  of  its 
net  earnings  inures  (other  than  through  such  payments)  to 
the  benefit  of  any  private  shareholder  or  individual  and 
(2)  eighty-five  per  centum  or  more  of  the  income  consists 
of  amounts  collected  from  members  for  the  sole  purpose  of 
making  such  payments  and  meeting  expenses; 

(m)  Service  performed  in  the  employ  of  a  voluntary  em- 
ployees' beneficiary  association  providing  for  the  payment 


Acts,  1939.  —  Chap.  490.  679 

of  life,  sick,  accident,  or  other  benefits  to  the  members  of 
such  association  or  their  dependents  or  their  designated 
beneficiaries,  if  (1)  admission  to  membership  in  such  asso- 
ciation is  Hmited  to  individuals  who  are  officers  or  employees 
of  the  United  States  government,  and  (2)  no  part  of  the 
net  earnings  of  such  association  inures  (other  than  through 
such  payments)  to  the  benefit  of  any  private  shareholder 
or  individual; 

(n)  Service  performed  in  any  quarter  in  the  employ  of 
a  school,  college,  or  university,  not  exempt  from  income 
tax  under  section  one  hundred  and  one  of  the  Federal  In- 
ternal Revenue  Code,  if  such  service  is  performed  by  a 
student  who  is  enrolled  and  is  regularly  attending  classes  at 
such  school,  college,  or  university,  and  the  remuneration  for 
such  service  does  not  exceed  forty-five  dollars  (exclusive  of 
room,  board,  and  tuition); 

(0)  Service  performed  as  a  student  nurse  in  the  employ 
of  a  hospital  or  a  nurses'  training  school  by  an  individual 
who  is  enrolled  and  is  regularly  attending  classes  in  a  nurses' 
training  school  chartered  or  approved  pursuant  to  state 
law;  and  service  performed  as  an  interne  in  the  employ  of  a 
hospital  by  an  individual  who  has  completed  a  four  years' 
course  in  a  medical  school  chartered  or  approved  pursuant 
to  state  law; 

(p)  Service  performed  in  the  employ  of  a  foreign  govern- 
ment (including  service  as  a  consular  or  other  officer  or 
employee  or  a  nondiplomatic  representative);  or,  service 
performed  in  the  employ  of  an  instrumentality  wholly  owned 
by  a  foreign  government  and  exempt  under  the  provisions 
of  the  Federal  Social  Security  Act; 

(q)  Service  performed  by  an  individual  as  an  insurance 
agent  or  as  an  insurance  solicitor,  if  all  such  service  is  per- 
formed for  remuneration  solely  by  way  of  commission  and 
such  service  is  excluded  from  the  term  "employment"  under 
the  provisions  of  section  sixteen  hundred  and  seven  of  the 
Federal  Internal  Revenue  Code  or  acts  in  amendment 
thereof; 

(r)  Service  performed  by  an  individual  under  the  age  of 
eighteen  in  the  delivery  or  distribution  of  newspapers  or 
shopping  news,  not  including  delivery  or  distribution  to  any 
point  for  subsequent  delivery  or  distribution; 

(s)  The  term  "employment"  except  as  used  in  the  defi- 
nition of  "payroll"  in  subsection  (i)  of  this  section  and 
effective  as  of  date  of  approval  of  this  act,  shall  not  include  — 

(1)  Services  performed  by  an  individual  while  registered 
for  a  prescribed  course  at  any  educational  institution  on  a 
co-operative  plan  of  education  and  industrial  training. 

(2)  Services  performed  during  customary  vacation  periods 
by  an  individual  who  was  registered  for  full  attendance  at 
and  regularly  attending  an  estabhshed  school,  college,  or 
university  in  the  most  recent  school  term  and  who  intends 
to  return  to  such  school,  college,  or  university  as  a  student 
for  the  next  regular  term. 


680 


Acts,  1939.  —  Chap.  490. 


G.  L.  (Ter. 
Ed.).  151A, 
§  1.  etc., 
further 
amended. 


Quarterly 
wage. 


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


(3)  Provided,  however,  that  the  provisions  of  the  two 
preceding  paragraphs  shall  not  apply  to  an  individual  whose 
full  and  regular  attendance  or  registration  is  for  a  term  in 
which  classes  or  study  periods  are  conducted  exclusively  in 
evenings  or  at  night  time. 

Section  3.  Subsection  (k)  of  section  one  of  said  chapter 
one  hundred  and  fifty-one  A  of  the  General  Laws,  as  appear- 
ing in  section  one  of  chapter  four  hundred  and  sixty-nine 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  is  hereby 
amended  by  striking  out  the  following:  "allocated  to  such 
quarter  in  such  manner  as  the  commission  shall  prescribe. 
If  wages  in  any  one  quarter  are  in  excess  of  four  hundred 
dollars  such  excess  shall  be  allocated  in  such  manner  as  the 
commission  shall  prescribe  to  those  quarters  within  the  same 
year  in  which  no  wages  or  wages  less  than  four  hundred  dol- 
lars have  been  earned;  provided,  that  no  such  allocation 
shall  be  made  to  any  quarter  as  a  result  whereof  the  per- 
centage used  in  computing  the  benefits  provided  in  section 
eighteen  would  be  greater  than  the  percentage  which  would 
otherwise  apply.",  —  so  that  said  subsection  (k)  shall  read 
as  follows:  —  "Quarterly  wage,"  the  amount  of  wages  of 
an  employee  in  a  quarter  from  one  or  more  employers  in 
any  employment. 

This  subsection  is  to  be  effective  as  of  April  first,  nineteen 
hundred  and  forty. 

Section  4.  Subsection  (Z)  of  section  one  of  said  chapter 
one  hundred  and  fifty-one  A,  as  amended  by  section  two  of 
chapter  four  hundred  and  sixty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  is  further  amended  as  follows :  — 

1.  By  inserting  as  of  the  effective  date  of  this  act  before 
the  word  "Unemployment"  as  the  same  occurs  in  the  first 
line  of  said  subsection  the  word  "Total",  —  so  as  to  read:  — 
"Total  unemployment." 

2.  By  strilang  out,  effective  October  first,  nineteen  hun- 
dred and  forty,  the  said  subsection  (l),  as  amended,  in  the 
preceding  paragraph  and  inserting  in  place  thereof  the  fol- 
lowing new  subsections :  — 

(1)  (1)  "Total  unemployment,"  an  individual  shall  be 
deemed  in  total  unemployment  in  any  week  in  which  he  per- 
forms no  wage  earning  services  whatever,  and  in  which  he 
earns  no  wages  or  other  payment  for  personal  services,  in- 
cluding net  earnings  from  self-employment,  and  in  which, 
though  capable  of  and  available  for  work,  he  is  unable  to 
obtain  any  suitable  work  and  cannot,  reasonably  return  to 
any  self-employment  in  which  he  is  customarily  engaged. 
Services  rendered  in  consideration  of  remuneration  received 
for  rehef,  support,  or  assistance,  furnished  or  provided  by 
any  agency  of  the  commonwealth,  or  of  a  political  sub- 
division thereof,  charged  with  the  duty  of  furnishing  aid  or 
assistance,  shall  not  be  construed  as  wage-earning  services. 

(2)  "Partial  unemployment,"  an  individual  shall  be 
deemed  to  be  in  partial  unemployment  if  in  any  week  of 
less  than  full-time  weekly  schedule  of  work  he  has  earned 


Acts,  1939. —Chap.  490.  681 

aggregate  remuneration  in  an  amount  which  is  less  than  his 
weekly  benefit  rate  to  which  he  would  be  entitled  if  totally- 
unemployed  during  said  week. 

For  the  purpose  of  this  subsection  any  loss  of  remunera- 
tion incurred  by  an  individual  during  said  week  resulting 
from  any  cause  other  than  failure  of  his  employer  to  furnish 
full-time  weekly  schedule  of  work  shall  be  considered  as 
wages  and  the  director  may  prescribe  the  manner  in  which 
the  total  amount  of  such  wages  thus  lost  shall  be  determined. 

(3)  "Unemployed"  and  "Unemployment,"  an  individual 
shall  be  deemed  to  be  unemployed  and  in  unemployment  if 
either  in  "total  unemployment"  or  in  "partial  unemploy- 
ment" as  defined  in  this  section. 

Section  5.    Chapter  one  hundred  and  fifty-one  A  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  fu^'caf.^^t'c, 
fourteen  (a),  as  same  appears  in  section  nine  of  chapter  four  amended. 
hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  substituting  therefor  the  following:  — 

Section  14-  (a)  On  and  after  the  effective  date  of  this  Benefits, 
act,  whenever  an  individual  who  has  been  an  employee  how"paid. 
becomes  unemployed,  he  shall  be  eligible  for  benefits  for 
unemployment  subsequent  to  a  waiting  period  of  two  weeks 
which  need  not  be  consecutive  sustained  within  fifty-two 
weeks  of  the  date  of  his  most  recent  registration  as  unem- 
ployed and  no  benefits  shall  be  or  become  payable  dur- 
ing said  waiting  period;  provided,  that  no  further  waiting 
period  shall  be  required  of  any  individual  during  the  fifty 
consecutive  weeks  following  any  waiting  period;  and  pro- 
vided, further,  that  this  requirement  shall  not  interrupt 
the  payment  of  benefits  for  consecutive  weeks  of  unem- 
ployment. Any  week  of  partial  employment  during  which 
an  employee  receives  remuneration  in  employment  whether 
or  not  subject  to  this  chapter,  and  which  remuneration  is 
less  than  his  weekly  benefit  shall  be  counted  towards  said 
waiting  period  as  one  half  of  one  week. 

Section  6.    Subsection  fourteen  (a)  of  said  chapter  one  g.  l.  (Ter. 
hundred  and  fifty-one  A  of  the  General  Laws,  as  amended  fu^'df.^^tc. 
in  the  preceding  subsection,  is  stricken  out,  effective  as  of  [^^^^'^ded 
April  first,  nineteen  hundred  and  forty,  and  the  following  ''"''''' 
subsection  is  substituted  therefor :  — 

Section  14-  (a)  On  and  after  April  first,  nineteen  hundred  Same  subject. 
and  forty,  a  totally  unemployed  individual,  and  on  and 
after  October  first,  nineteen  hundred  and  forty,  an  individual 
who  is  in  partial  unemployment  and  who  registers  at  an 
employment  office  or  other  place  of  registration  maintained 
or  designated  by  the  director  or  has  otherwise  given  notice 
of  his  unemployment  in  accordance  with  the  rules  and 
regulations  of  the  division,  shall  be  eligible  for  benefits  for 
unemployment  subsequent  to  a  waiting  period  sustained 
during  the  benefit  year,  which  includes  the  week  for  which 
he  claims  payment  for  benefits.  Said  waiting  period  shall 
consist  of  two  weeks  of  total  unemployment,  four  weeks  of 
partial   unemployment   or   any   combination   of   weeks   in 


682 


Acts,  1939.  —  Chap.  490. 


G.  L.  (Ter. 
Ed.),  151A, 
§  15  (a),  etc., 
amended. 


Registrations. 


G.  L.  (Ter. 
Ed.),  151A, 
§  16  (c),  etc., 
amended. 


Limitation  of 
benefits,  etc. 


G.  L.  (Ter. 
Ed.),  151A, 
§  16  (e),  etc. 
further 
amended. 


Same  subject. 


G.  L.  (Ter. 
Ed.).  151A, 
§  17,  etc., 
amended. 


which  there  occurs  one  week  of  total  and  two  weeks  of  par- 
tial unemployment.  No  benefits  shall  be  or  become  payable 
during  said  waiting  period.  The  weeks  need  not  be  succes- 
sive and  the  requirements  of  this  subsection  shall  not  inter- 
rupt the  payment  of  benefits  for  consecutive  weeks  of  unem- 
ployment. 

Section  7.  Said  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws  is  hereby  amended  by  striking  out,  effective 
April  first,  nineteen  hundred  and  forty,  subsection  fifteen  (a), 
as  same  appears  in  section  twelve  of  chapter  four  hundred 
and  sixty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  and  substituting  therefor  the  following:  — 

On  all  registrations  on  or  after  April  first,  nineteen  hun- 
dred and  forty,  have  earned  wages  in  his  base  period  of  not 
less  than  twenty-five  times  his  weekly  benefit  rate. 

Section  8.  Said  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws,  as  appearing  in  chapter  four  hundred  and 
twenty-one  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
is  hereby  further  amended  by  striking  out  subsection  six- 
teen (c)  and  substituting  therefor  the  following:  — 

No  waiting  period  may  be  served  and  no  benefits  shall  be 
paid  for  the  period  of  unemployment  next  ensuing  after  an 
individual  has  left  his  employment  voluntarily  without  good 
cause  attributable  to  the  employer  or  his  agent. 

Section  9.  Chapter  one  hundred  and  fifty-one  A  of  the 
General  Laws,  as  appearing  in  chapter  four  hundred  and 
twenty-one  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
is  further  amended  by  striking  out  subsection  sixteen  (e) 
and  substituting  therefor  the  following :  — 

No  benefits  shall  be  payable  under  this  chapter  to  an  in- 
dividual for  any  week  with  respect  to  which  he  has  received 
or  is  receiving  workmen's  compensation  or  wages  in  lieu  of 
dismissal  notice,  vacation  allowances,  old  age  benefits  under 
Title  II  of  the  Federal  Social  Security  Act,  or  a  pension 
from  private  industry  or  any  pension  from  an  instrumentality 
of  the  government;  provided  that,  if  any  such  compensation 
or  wages  or  old  age  benefits  or  pension  is  or  are  less  than 
the  benefits  which  are  otherwise  due  hereunder  for  unem- 
ployment in  such  week,  he  shall  receive  such  unemployment 
benefits  reduced  by  the  amount,  disregarding  a  fractional 
part  of  a  dollar,  of  such  compensation  or  wages  in  lieu  of  dis- 
missal notice,  or  old  age  benefits  or  pensions;  and  further 
provided,  that  no  payment  shall  be  lessened  or  abridged  to 
any  individual  otherwise  eligible  for  benefits,  on  account  of 
payment  to  him  under  an  act  of  congress  of  a  pension  for 
disability  contracted  by  him  while  in  the  military  or  naval 
services  of  the  United  States. 

Section  10.  Chapter  one  hundred  and  fifty-one  A  of  the 
General  Laws  is  further  amended  by  striking  out  section 
seventeen,  effective  as  of  April  first,  nineteen  hundred  and 
forty,  as  same  appears  in  section  fifteen  of  chapter  four  hun- 
dred and  sixty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  substituting  therefor  the  following:  — 


Acts,  1939.  —  Chap.  490.  683 

Section  17.     (a)  On  all  registrations  as  unemployed  on  weekly  bene- 
and  after  April  first,  nineteen  hundred  and  forty,  an  in-  fit  payments. 
dividual  in  total  unemployment  and  otherwise  eligible  for 
benefits  shall  be  paid  for  each  week  of  unemployment  an 
amount  based  on  the  highest  quarterly  wage  of  his  base 
year  as  provided  in  the  following  table :  — 

Total  Wages  Earned  Weekly 

in  Highest  Quarter.  Benefit  Rate. 

$159  99  or  less $6  00 

160  00-$179  99 7  00 

180  00-  199  99 8  00 

200  00-  219  99 9  00 

220  00-  239  99 10  00 

240  00-  259  99 11  00 

260  00-  279  99 12  00 

280  00-  299  99 13  00 

300  00-  319  99 14  00 

320  00  and  over 15  00 

(6)  On  and  after  October  first,  nineteen  hundred  and 
forty,  an  individual  who  is  in  partial  unemployment  and 
otherwise  eligible,  shall  be  paid  the  difference  between  the 
aggregate  remuneration  he  has  earned  during  each  week  of 
partial  unemployment  and  the  weekly  benefit  rate  to  which 
he  would  have  been  entitled  if  totally  unemployed.  Said 
partial  benefit  shall  be  raised  to  the  next  highest  dollar  if  it 
includes  a  fractional  part  of  a  dollar. 

Section  11.     The  provisions  in  subsection  eighteen  (a)  g.  l.  (Ter. 
of  said  chapter  one  hundred  and  fifty-one  A,  as  appearing  f*l8'(af,^^tP., 
in  section  sixteen  of  chapter  four  hundred  and  sixty-nine  amended. 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  so  far  as 
appHcable  to  "extended"  and  "additional"   benefits,  are 
repealed  as  of  the  effective  date  of  this  act;  provided,  how-  Effective  date 
ever,  that  the  provisions  of  this  paragraph  shall  not  affect  '^•^'^'^s^^- 
payment  to  a  claimant  of  extended  or  additional  benefits 
where  determination  thereof  has  been  made  prior  to  the 
effective  date  of  this  act. 

Said  subsection  eighteen  (a),  as  amended  in  the  preceding 
paragraph,  is  stricken  out,  effective  as  of  April  first,  nine- 
teen hundred  and  forty,  and  the  following  is  substituted 
therefor :  — 

Section  18.  (a)  On  registration  as  unemployed  on  and  Normal 
after  April  first,  nineteen  hundred  and  forty,  benefits  an  ^°^  ^^'  ^**'' 
unemployed  individual  may  receive  during  his  benefit  year 
shall  be  an  amount  equal  to  thirty  per  cent  of  the  total 
earnings  in  the  base  period,  as  defined  in  section  one  (a)  (1), 
or  an  amount  equal  to  twenty  times  his  benefit  rate,  which- 
ever is  the  lesser.  If  said  amount  includes  a  fractional  part 
of  a  dollar,  it  shall  be  raised  to  the  next  highest  dollar. 

Section  12.     Subsection   eighteen    (d)    of   said    chapter  g.  l.  (Ter. 
one  hundred  and  fifty-one  A,  as  appearing  in  section  seven-  f  i8'(d^,^^t'c., 
teen  of  chapter  four  hundred  and  sixty-nine  of  the  acts  of  further ' 
nineteen  hundred  and  thirty-eight,  is  hereby  amended  by  '""^"'^^  • 
striking  out  said  subsection  on  the  effective  date  of  this  act 
and  substituting  the  following :  — 


684 


Acts,  1939.  —  Chap.  490. 


Same  subject. 


G.  L.  (Ter. 
Ed.).  lolA, 
§§  18  (6). 
18  (c)  and 
18  (d),  etc., 
further 
amended. 

Effective  date 
of  certain 
amended  sec- 
tions. 


G.  L.  (Ter. 
Ed.),  151A, 
§  19,  amended. 


Adjustments. 


Section  18.  (d)  After  the  waiting  period  of  an  individual 
has  been  completed,  and  within  the  time  during  which  no 
further  waiting  period  is  required  by  subsection  (a)  of  sec- 
tion fourteen,  no  date  of  registration  as  unemployed  occur- 
ring during  such  time  shall  be  considered  in  the  computa- 
tion of  benefits  and  there  shall  be  no  redetermination  (1) 
of  his  weekly  benefit  rate,  (2)  of  the  aggregate  amount  of 
benefits  available  to  him,  or  (3)  of  his  ehgibility  under  sub- 
section (a)  of  section  fifteen.  This  subsection  shall  apply 
only  to  registrations  as  unemployed  subsequent  to  the  effec- 
tive date  of  this  act. 

Section  13.  Subsections  eighteen  (6)  and  eighteen  (c) 
of  said  chapter  one  hundred  and  fifty-one  A,  as  appearing 
in  chapter  four  hundred  and  twenty-one  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  and  subsection  eighteen  (d) 
of  said  chapter  one  hundred  and  fifty-one  A  of  the  General 
Laws,  as  appearing  in  section  seventeen  of  chapter  four 
hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  as  amended  in  section  twelve  of  this  act, 
are  stricken  out,  effective  as  of  April  first,  nineteen  hundred 
and  forty. 

Section  14.  Chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws  is  hereby  amended  by  striking  out  section 
nineteen  and  inserting  in  place  thereof  the  following  new 
section :  — 

Section  19.  (a)  The  provisions  relative  to  waiting  period, 
effective  as  of  date  of  approval  of  this  act,  and  the  provisions 
as  to  period,  amount,  rate  and  duration  of  benefits  and  the 
charging  of  benefits  against  an  individual's  wage  record  con- 
tained in  this  act,  which  continue  effective  until  April  first, 
nineteen  hundred  and  forty,  shall  be  termed  the  "old  benefit 
law." 

The  provisions  as  to  waiting  period,  base  period,  benefit 
year,  amount,  rate  and  duration  of  benefits,  effective  April 
first,  nineteen  hundred  and  forty;  and  the  provisions  as  to 
partial  unemployment  effective  October  first,  nineteen  hun- 
dred and  forty,  shall  be  termed  the  "new  benefit  law." 

(6)  The  transition  from  the  "old  benefit  law"  to  the 
"new  benefit  law"  and  the  transition  from  one  benefit  year 
to  the  next  succeeding  benefit  year  shall  be  made  as  fol- 
lows :  — 

(1)  An  individual  who,  on  April  first,  nineteen  hundred 
and  forty,  or  at  the  commencement  of  any  benefit  year 
thereafter,  is  either  serving  a  waiting  period  or  is  receiving 
consecutive  payments  for  compensable  weeks  shall  be  paid 
benefits,  if  otherwise  entitled  thereto,  in  accordance  with  the 
law  in  effect  at  the  time  the  individual  registered  until  such 
time  as  the  individual  becomes  re-employed,  or  has  exhausted 
the  benefits,  or  otherwise  becomes  ineligible. 

(2)  An  individual  who  has  exhausted  his  benefits  computed 
under  the  "old  benefit  law",  or  for  the  preceding  benefit 
year,  during  the  current  benefit  year  may  register  as  un- 
employed, and,  if  otherwise  eligible,  receive  benefits  for  said 


Acts,  1939.  —  Chap.  490.  685 

current  benefit  year,  subject,  however,  to  the  provisions  as 
to  deductions  set  forth  in  the  following  subsection. 

(3)  An  individual  otherwise  eligible  who  registers  as  un- 
employed subsequent  to  April  first,  nineteen  hundred  and 
forty,  and  within  the  benefit  year  shall  have  the  amount, 
rate  and  duration  of  benefits  for  the  current  benefit  year 
computed  in  accordance  with  the  "new  benefit  law"  or 
with  a  computation  of  benefits  for  benefit  year  current  on 
the  date  of  registration,  respectively,  and  no  further  com- 
putation shall  be  made  during  such  current  benefit  year. 
There  shall  be  deducted  from  such  amount  any  benefits 
previously  paid  to  such  individual  during  said  current  benefit 
year.  In  no  event  shall  an  individual  be  entitled  to  receive 
within  each  benefit  year  any  benefits  in  excess  of  the  amount 
set  forth  in  section  eighteen  (a). 

Section  15.  Chapter  one  hundred  and  fifty-one  A  of  ^dViMA 
the  General  Laws  is  hereby  amended  by  striking  out  sec-  §§  26. 27 
tions  twenty-six,  twenty-seven,  and  twenty-eight,  as  appear-  amended.*"" 
ing  in  chapter  twenty  of  the  acts  of  nineteen  hundred  and 
thirty-nine,  and  inserting  in  place  thereof  the  following  three 
new  sections :  —  Section  26.  Benefit  claims  shall  be  filed  at  Benefit  claims. 
the  employment  office  at  which  the  claimant  has  registered 
as  unemployed.  The  director  shall  prescribe  the  form,  the 
time,  and  the  manner  in  which  such  claims,  other  than  dis- 
puted claims,  shall  be  filed.  The  director  shall  also  prescribe 
the  form  and  manner  in  which  reports  on  claims  required 
from  the  claimant  and  from  the  employers  shall  be  pre- 
sented, and  the  conduct  of  hearings,  other  than  those  on 
appeals.  Such  procedure  shall  be  designed  to  ascertain  the 
substantive  rights  of  the  parties  involved,  without  regard 
to  common  law  or  statutory  rules  of  evidence  and  other 
technical  rules  of  procedure.  Notice  of  a  claim  so  filed  shall 
be  given  promptly  by  the  director  or  his  authorized  repre- 
sentative to  the  most  recent  employer  of  the  claimant  and 
to  such  other  persons  as  the  director  may  prescribe.  If  any 
such  person  objects  to  the  allowance  of  the  claim,  he  shall 
file  his  objection  in  writing  with  the  director  within  five  days 
after  receipt  but  in  no  case  more  than  seven  days  after 
mailing  of  such  notice,  in  accordance  with  the  procedure  pre- 
scribed by  the  director.  Failure  to  file  an  objection  within 
the  time  prescribed  by  this  section  shall  bar  the  employer  or 
other  interested  party  from  further  objecting  to  the  allow- 
ance of  the  claim. 

Section  27.     The  director  or  his  authorized  representative  Director  to 
shall  promptly  determine,  in  accordance  with  the  procedure  ^aMHy^of 
established  by  the  director,  and  after  making  such  inquiries  claims. 
and  investigation  as  he  deems  necessary,  whether  or  not  the 
claim  is  valid  and  the  amount,  if  any,  of  the  benefits  payable 
thereunder,  and  shall  promptly  give  notice  of  such  deter- 
mination, together  with  the  reasons  therefor,  to  the  claimant, 
and  in  the  event  that  the  claim  is  declared  valid,  shall  give 
notice  to  the  most  recent  employer  or  other  interested  person 
who  shall  have  filed  an  objection  in  accordance  with  the 


Acts,  1939. —Chap.  490. 


G.  L.  (Ter. 
Ed.),  151A, 
§  30,  etc., 
amended. 


Court  appeal. 


G.  L.  (Ter. 
Ed.),  151A, 
I  3,  amended. 

Employer's 
contributions. 


preceding  section.  In  accordance  with  the  procedure  pre- 
scribed by  the  director,  benefits  shall  be  paid  or  denied, 
unless  an  application  for  a  review  is  filed  in  accordance  with 
section  twenty-eight. 

Section  28.  A  claimant  or  interested  party  may,  within 
five  days  after  receipt,  but  in  no  case  more  than  seven  days 
after  maiUng  of  the  determination,  file  an  application  for  a 
review  of  such  determination  by  the  board  of  review  estab- 
lished under  clause  (6)  of  section  nine  N  of  chapter  twenty- 
three,  as  appearing  in  section  one  of  chapter  twenty  of  the 
acts  of  nineteen  hundred  and  thirty-nine. 

Section  16.  Section  thirty  of  chapter  one  hundred  and 
fifty-one  A,  as  appearing  in  section  three  of  chapter  twenty 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
amended  by  striking  out  the  comma  after  the  word  "court" 
where  same  first  appears  in  the  eighth  line  of  said  section 
and  substituting  therefor  the  following :  —  .  Such  petition 
shall  be  brought  within  twenty  days  after  the  date  of  noti- 
fication or  mailing  of  such  decision,  —  so  that  said  section 
shall  read  as  follows :  —  Section  SO.  Any  interested  person 
aggrieved  by  any  decision  of  fact  or  of  law  in  any  pro- 
ceedings under  this  chapter  may,  after  exhaustion  of  other 
appellate  remedies  provided  in  sections  twenty-eight  and 
twenty-nine,  bring  a  petition  in  the  district  court  within  the 
judicial  district  whereof  he  lives  or  is  or  was  employed, 
addressed  to  the  justice  of  the  court,  praying  that  such 
decision  may  be  reviewed  by  the  court.  Such  petition  shall 
be  brought  within  twenty  days  after  the  date  of  notification 
r>r  mailing  of  such  decision,  and,  after  such  notice  as  the 
court  deems  necessary,  it  shall  review  such  decision,  hear 
any  or  all  of  the  witnesses  and  determine  whether  or  not 
upon  the  law  and  the  evidence  such  decision  was  justified, 
and  shall  thereupon  affirm,  modify  or  revoke  such  decision. 
The  director  shall  thereupon  enter  an  order  in  accordance 
with  the  decision  of  the  court.  The  director  shall  be  deemed 
to  be  a  party  to  any  petition  for  review  hereunder  involving 
any  such  decision. 

The  supreme  judicial  court,  upon  a  bill  in  equity  brought 
by  the  director  against  a  claimant  and  all  other  interested 
persons,  may  determine  any  question  of  law  arising  upon 
any  claim  filed  under  section  twenty-six,  and  shall  also  have 
general  jurisdiction  in  equity  upon  a  bill  brought  by  the 
director,  to  enforce  this  chapter. 

Any  action  to  enforce  any  provision  of  this  chapter,  or 
in  any  criminal  proceedings  thereunder,  the  director  shall 
be  represented  by  the  attorney  general,  or  by  any  attorney 
at  law  designated  by  the  attorney  general  for  such  purpose. 

Section  17.  Section  three  of  chapter  one  hundred  and 
fifty-one  A  of  the  General  Laws  is  amended  by  adding  at 
the  end  of  said  section  the  following :  —  provided,  however, 
that  on  and  after  January  first,  nineteen  hundred  and  forty 
each  employer  subject  to  this  chapter  shall  make  contribu- 
tions only  on  that  part  of  remuneration  paid  or  payable  by 


Acts,  1939.— Chap.  490.  687 

him  to  an  individual  not  in  excess  of  three  thousand  dollars 
with  respect  to  employment  during  any  calendar  year. 

Section  18.     Section  thirty-six  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  fifty-one  A  of  the  General  Laws  is  amended  by  f  36,' imltded. 
adding  at  the  end  of  said  section  the  following:  —  The  divi-  Recovery 
sion  may  recover  by  action  of  contract  any  amounts  paid  •'np^^°g°iy 
to  an  individual  through  error  or  in  the  discretion  of  the  paid. 
director  the  amount  erroneously  paid  may  be  deducted  from 
any  future  payments  of  benefits  accruing  to  an  individual 
under  the  provisions  of  this  chapter. 

Section  19.     Chapter  one  hundred  and  fifty-one  A  of  ^jj;  {JfX', 
the  General  Laws,  as  appearing  in  chapter  four  hundred  Si.etc. 
and  twenty-one  of  the  acts  of  nineteen  hundred  and  thirty-  ^'"^'^ 
seven,  is  hereby  further  amended  by  adding  at  the  end  of 
subsection    (w)    of  section   one   the   following:  —  provided, 
that,  effective  January  first,  nineteen  hundred  and  forty, 
the  term  "wages"  means  all  remuneration  for  employment, 
including  the  cash  value  of  all  remuneration  paid  or  payable 
in  any  medium  other  than  cash;  except  that  such  term  shall 
not  include  — 

More  than  three  thousand  dollars  of  remuneration  paid 
or  payable  to  any  individual  by  an  employer  with  respect 
to  employment  during  any  calendar  year,  —  so  that  said 
subsection  will  read  as  follows :  — 

(n)  "Wages,"  every  form  of  remuneration  of  an  employee  Definition, 
subject  to  this  chapter  for  employment  by  an  emploj^er, 
whether  paid  or  payable  directly  or  indirectly,  including 
salaries,  commissions  and  bonuses,  and  reasonable  value  of 
board,  rent,  housing,  lodging,  payment  in  kind  and  similar 
advantages;  provided,  that,  effective  January  first,  nine- 
teen hundred  and  forty,  the  term  "wages"  means  all  remu- 
neration for  employment,  including  the  cash  value  of  all 
remuneration  paid  or  payable  in  any  medium  other  than 
cash;  except  that  such  term  shall  not  include  — 

More  than  three  thousand  dollars  of  remuneration  paid 
or  payable  to  any  individual  by  an  employer  with  respect 
to  employment  during  any  calendar  year. 

Section  20.     Chapter  one  hundred  and  fifty-one  A  of  EdV.'iMA. 
the  General  Laws  is  hereby  amended  by  striking  out  section  §  53,'  etc.,  ' 
fifty-three,  as  same  appears  in  section  nineteen  of  chapter  ''™®°'^^'^- 
four  hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  and  inserting  in  place  thereof  the  follow- 
ing :  —  Section  53.     The  director  may  provide  for  the  pay-  Payments  to 
ment,  to  such  person  or  persons  as  the  director  finds  en-  IdmkiTstra- 
titled  thereto,  of  benefits  due  a  deceased  person,  or  a  person  *'°"'  ^**'- 
who  has  become  incapacitated  by  reason  of  mental  weak- 
ness or  who  is  an  insane  person  and  incapable  of  properly 
taking  care  of  himself  or  his  property,  for  the  allowance  of 
whose  will  or  for  the  administration  of  whose  estate  no 
petition  for  the  appointment  of  an  administrator,  guardian, 
or  conservator  has  been  filed  within  thirty  days  after  his 
death  or  by  reason  of  such  disabilities,  and  every  such  pay- 
ment shall  be  a  valid  payment  to  the  same  extent  as  if  made 


688 


Acts,  1939.  —  Chap.  490. 


G.  L.  (Ter. 
Ed.),  151A, 
§  35,  etc., 
amended. 


Certain  in- 
formation to 
be  treated  as 
confidential. 


G.  L.  (Ter. 
Ed.),  151A. 
§  53,  inserted. 


Destruction 
of  records,  etc. 


G.  L.  (Ter. 
Ed.).  151A, 
§  3,  amended. 


Employer's 
contributions. 


to  the  legal  representatives  of  the  deceased  or  of  the  person 
under  such  disabilities. 

Section  21.  Section  thirty-five  of  chapter  one  hundred 
and  fifty-one  A  of  the  General  Laws,  as  appearing  in  chap- 
ter four  hundred  and  twenty-one  of  the  acts  of  nineteen 
hundred  and  thirty-seven,  is  amended  by  striking  out  the 
word  "employee"  where  same  occurs  in  the  seventh  line 
and  inserting  in  place  thereof  the  word :  —  claimant,  —  and 
by  striking  out  the  words  "in  connection  with  a  claim  or 
otherwise,"  where  same  appears  in  the  tenth  and  eleventh 
fines,  so  as  to  read  as  follows :  —  Section  35.  Information 
secured  pursuant  to  this  chapter,  shall  be  confidential  and 
for  the  exclusive  use  and  information  of  the  division  in  the 
discharge  of  its  duties  hereunder.  Such  information  shall 
not  be  open  to  the  public,  nor  shaU  it  be  used  in  any  action 
or  proceeding  unless  the  division  or  the  commonwealth  is  a 
party  to  such  action  or  proceeding,  but  any  employer  or 
claimant,  upon  request,  shall  be  supplied  by  the  division 
with  information  concerning  his  own  record  which  is  nec- 
essary to  him  in  his  relations  with  the  division.  Whoever, 
except  with  authority  of  the  division  or  pursuant  to  its  rules 
and  regulations,  or  as  otherwise  required  or  authorized  by 
law,  shall  disclose  the  same,  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars  or  by  imprisonment  for 
not  more  than  six  months,  or  both;  provided,  that  nothing 
herein  shall  be  construed  to  prevent  the  division  from  com- 
plying with  the  provisions  of  section  forty-seven  or  from 
conducting  any  investigation  it  deems  relevant  in  connec- 
tion herewith,  nor  to  prevent  the  division  from  publishing 
in  statistical  form  the  results  of  any  such  investigations 
without  disclosing  the  identity  of  the  individuals  involved. 

Section  22.  Chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws,  as  appearing  in  chapter  four  hundred 
and  twenty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  adding  the  following 
new  section :  —  Section  53.  The  director  may  destroy  or 
dispose  of  any  records,  reports,  claims,  or  other  papers 
which,  in  his  opinion,  are  no  longer  of  any  value  to  the 
division,  and  he  may  make  such  summaries  or  compilations, 
photographs,  duplications  or  reproductions  of  any  such  rec- 
ords, reports,  claims  or  other  papers,  which  he  deems  advis- 
able to  preserve  the  information  contained  therein  and  such 
summaries,  compilations,  photographs,  duplications  or  re- 
productions shall  be  admissible  in  evidence  in  any  proceeding 
in  any  court  in  the  commonwealth  if  the  original  would 
have  been  admissible  therein. 

Section  23.  Chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws  is  hereby  amended  by  striking  out  sec- 
tion three  and  inserting  in  place  thereof  the  following :  — 
Section  3.  (a)  Each  employer  shall  make  contributions  for 
the  year  nineteen  hundred  and  thirty-seven  at  the  rate  of 
one  and  eight  tenths  per  cent  of  so  much  of  his  pay  roll  as 
is  subject  to  this  chapter,  and  for  the  years  nineteen  hun- 
dred and  thirty-eight  and  nineteen  hundred  and  thirty-nine 


Acts,  1939.  —  Chap.  490.  689 

at  the  rate  of  two  and  seven  tenths  per  cent  of  such  portion 
of  such  pay  roll.  Each  employer  shall  make  contributions 
for  each  year  thereafter  at  the  rate  of  two  and  seven  tenths 
per  cent  of  such  portion  of  such  pay  roll,  provided,  however, 
that  such  rate  of  contribution  shall  apply  only  in  the  absence 
of  application  of  the  rate  or  rates  of  contributions  contained 
in  next  and  following  subsections :  — 

(6)  (1)  For  each  calendar  year  commencing  after  three 
calendar  years  throughout  which  any  individual  in  his 
employ  could  have  received  benefits,  if  eligible,  the  contribu- 
tion rate  of  each  employer  shall  be  determined  as  herein- 
after provided. 

(2)  When,  in  any  year,  beginning  not  earlier  than  nine- 
teen hundred  and  thirty-nine,  a  worker  is  paid  benefits  for 
the  first  compensable  week  of  unemployment  on  claims 
originally  arising  in  such  year,  his  wages  from  each  em- 
ployer during  his  base  period  shall  be  termed  "worker's 
benefit  wages"  and  shall  be  treated  for  the  purposes  of  this 
subsection  as  if  they  had  been  paid  in  the  calendar  year  in 
which  the  first  week  of  benefits  is  paid.  The  term  "com- 
pensable week"  shall  mean  the  week  in  which  the  worker 
is  entitled  to  benefits  for  unemployment.  "Worker's  benefit 
wages"  when  used  with  respect  to  benefits  paid  for  the  first 
compensable  week  of  unemployment  on  claims  originally 
arising  in  the  calendar  year  nineteen  hundred  and  thirty- 
nine  or  in  the  year  nineteen  hundred  and  forty  prior  to 
April  first  thereof  shall  include  the  wages  not  in  excess  of 
twelve  hundred  and  eighty  dollars  in  those  quarters  upon 
which  the  benefits  available  to  the  claimant  were  com- 
puted, assignable  to  the  year  nineteen  hundred  and  thirty- 
nine  or  the  year  nineteen  hundred  and  forty  in  accordance 
with  this  subsection.  For  the  purpose  of  this  subsection 
benefit  wages  charged  against  each  employer  shall  include 
only  that  part  of  wages  not  in  excess  of  twelve  hundred  and 
eighty  dollars  paid  by  him  in  a  base  period. 

(3)  The  "employer's  benefit  wages"  for  a  given  calendar 
year  shall  be  the  total  of  the  benefit  wages  of  all  of  his  former 
workers  assignable  to  such  employer  and  to  such  calendar 
year  in  accordance  with  paragraph  (2)  hereof. 

(4)  The  benefit  wage  ratio  of  each  employer  for  a  given 
calendar  year  shall  be  a  percentage  equal  to  the  total  of  his 
benefit  wages  for  the  three  most  recently  completed  calendar 
years,  divided  by  that  part  of  his  total  payroll  for  the  same 
three  years,  with  respect  to  which  contributions  have  been 
paid  to  the  division  on  or  before  January  thirty-first  of  the 
successive  calendar  years,  respectively,  or,  in  the  alternative, 
on  or  before  the  date,  but  not  later  than  March  thirty-first, 
in  any  event,  to  which  extension  for  such  payment  shall  have 
been  granted. 

(5)  For  any  calendar  year  the  "state  experience  factor" 
shall  be  a  percentage  determined  by  dividing  the  total  bene- 
fits paid  from  the  commonwealth's  benefit  account  during 
the  three  most  recently  completed  calendar  years  by  the 
total  benefit  wages  of  all  employers  during  the  same  three 


690 


Acts,  1939.  —  Chap.  490. 


completed  calendar  years,  provided  that  any  fractional  per- 
centage resulting  therefrom  shall  be  raised  to  the  next  higher 
multiple  of  one  per  cent.  The  state  experience  factor  shall  be 
determined  for  each  year  prior  to  March  thirty-first  thereof. 

(6)  If  the  Federal  Social  Security  Act  is  amended  prior  to 
January  first,  nineteen  hundred  and  forty,  to  provide  con- 
ditions under  which  additional  credit  may  be  allowed  based 
upon  one  year  of  experience,  then,  notwithstanding  the  three 
year  provisions  of  paragraphs  (1),  (4)  and  (5),  the  contribu- 
tion rate  for  nineteen  hundred  and  forty  shall  be  based  upon 
the  benefits,  benefit  wages  and  payrolls  of  the  single  year 
nineteen  hundred  and  thirty-nine,  and  if  the  Federal  Act  is 
similarly  amended  prior  to  January  first,  nineteen  hundred  and 
forty-one,  to  permit  the  granting  of  experience  rating  based 
upon  one  or  two  years  of  experience,  the  contribution  rates 
for  nineteen  hundred  and  forty-one  shall  be  based  upon  the 
benefits,  benefit  wages  and  payrolls  of  the  two  years  nineteen 
hundred  and  thirty-nine  and  nineteen  hundred  and  forty. 

(7)  The  contribution  rate  for  each  employer  for  a  given 
calendar  year  shall  be  determined  not  less  than  ten  days 
prior  to  the  due  date  of  the  first  contribution  for  the  year, 
and  the  employer  notified  thereof.  It  shall  be  determined 
from  the  following  table  on  the  same  line  as  the  current  state 
experience  factor  and  shall  be  the  rate  appearing  at  the  head 
of  the  lowest  numbered  column  in  which  appears  a  percentage 
equal  to  or  in  excess  of  such  employer's  benefit  wage  ratio. 
If  no  percentage  equal  to  or  in  excess  of  such  benefit  wage 
ratio  appears  on  said  line  the  employer's  contribution  rate 
shall  be  two  and  seven  tenths  per  cent  but  not  in  excess 
thereof. 

Table 


Employer's  Benefit  Wage  Ratio. 

State 

Experience 
Factor. 

Col.  1 

Col.  2 

Col.  3 

Col.  4 

Col.  5 

Col.  6 

.5% 

1.0% 

1.5% 

2.0% 

2.5% 

2.7% 

•con.  rate. 

con.  rate. 

con.  rate. 

con.  rate. 

con.  rate. 

con.  rate. 

1%    .        .        . 

50% 

100% 

150% 

200% 

250% 

2 

25 

50 

75 

100 

125 

3 

17 

33 

50 

66 

83 

4 

13 

25 

38 

50 

63 

5 

10 

20 

30 

40 

50 

6 

8 

17 

25 

34 

42 

7 

7 

14 

21 

29 

36 

8 

6 

13 

19 

25 

31 

9 
10 

6 
5 

11 
10 

16 
15 

22 
20 

28 
25 

Benefit 

11 

5 

9 

14 

18 

23 

wage 
rates 

12 

4 

8 

13 

17 

21 

13 

4 

8 

12 

15 

19 

in 

14 

4 

7 

11 

14 

18 

excess 

of 
Col.  5 

15 

3 

7 

10 

13 

17 

16 

3 

6 

9 

12 

16 

17 

3 

6 

9 

12 

15 

18 

3 

6 

8 

11 

14 

19 

3 

5 

8 

11 

13 

20 

3 

5 

8 

10 

13 

21 

2 

6 

7 

10 

12 

22 

2 

5 

7 

9 

11 

23 

2 

4 

7 

9 

11 

24 

2 

4 

6 

8 

10 

Acts,  1939. —Chap.  491.  691 

(c)  If  the  Unemployment  Compensation  Fund  available 
for  benefits  becomes  less  than  the  amount  of  the  benefit  ex- 
pense in  that  year  of  the  most  recent  calendar  years  not  ex- 
ceeding ten  in  which  the  highest  benefit  expense  was  paid  the 
director  and  council  shall  so  declare.  Effective  the  quarter 
following  such  declaration,  the  lowest  four  rates  of  employer 
contribution  shall  each  be  advanced  five  tenths  per  cent, 
and  the  two  and  five  tenths  per  cent  rate  advanced  to  two 
and  seven  tenths  per  cent.  Should  such  Unemployment  Com- 
pensation Fund  after  such  increased  rates  have  been  in  effect 
for  two  or  more  calendar  quarters  continue  to  be  less  than 
such  highest  benefit  expense  for  such  calendar  year,  the  di- 
rector and  council  shall  so  declare.  Effective  the  quarter 
following  such  announcement  all  employer  contribution  rates 
shall  be  raised  to  two  and  seven  tenths  per  cent  of  such  pay- 
roll as  is  subject  to  this  chapter.  Whenever  such  Unemploy- 
ment Compensation  Fund  becomes  more  than  an  amount 
equal  to  one  and  one  half  times  the  amount  of  such  highest 
benefit  expense  for  such  calendar  year,  the  rates  in  the  table 
shall  become  effective  the  quarter  following  the  declaration 
by  the  director  and  council. 

(d)  Any  employer  may  apply  to  the  director  for  a  review 
as  to  the  determination  of  his  benefit  wage  ratio,  provided 
such  appHcation  is  filed  within  one  year  of  the  date  of  such 
determination.  Approved  August  12,  1939. 

An  Act  making  certain  changes  in  the  organization  QJiQ^n  491 

AND  functions  OF  THE  DEPARTMENT  OF  CONSERVATION. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  twenty-one  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  section  one,  as  amended  ft,^efc\' 
by  section  three  of  chapter  three  hundred  and  forty  of  the  amended, 
acts  of  nineteen  hundred  and  thirty-four,  and  inserting  in 
place  thereof  the  following:  —  Section  1.     There  shall  be  a  Department  of 
department  of  conservation,  consisting  of  a  division  of  fores-  conservation, 
try,  a  division  of  fisheries  and  game,  a  division  of  wildlife 
research  and  management,  a  division  of  marine  fisheries  and 
a  division  of  parks  and  recreation,  each  under  the  charge  of 
a  director.    The  department  shall  be  under  the  supervision 
and  control  of  a  commissioner  of  conservation.    The  direc- 
tors shall  act  as  an  advisory  council  to  the  commissioner. 

Section  2.     Said  chapter  twenty-one  is  hereby  further  o.  l.  (Tec 
amended  by  striking  out  section  three,  as  most  recently  ^i'^'J^l 
amended  by  section  four  of  said  chapter  three  hundred  and  amended, 
forty,  and  inserting  in  place  thereof  the  following :  —  Section  Duties  of 
3.     The  commissioner  shall  be  the  executive  and  adminis-  commissioner. 
trative  head  of  the  department.    He  shall  supervise  the  work 


692 


Acts,  1939.  —  Chap.  491. 


G.  L.  (Ter. 
Ed.),  21,  §  4, 
amended. 


Director  of 
division  of 
forestry. 


G.  L.  (Ter. 
Ed.),  21,  §  6, 
amended. 

Director  of 
the  division 
of  fisheries 
and  game. 


G.  L.  (Ter. 
Ed.),  21, 
§  7A,  etc., 
amended. 


State  orni- 
thologist. 


G.  L.  (Ter. 
Ed.),  21, 
§§  7B  and 
7C,  inserted. 

Director  of 
the  division 
of  wildlife 
research  and 
management. 


of  all  the  divisions,  and  shall  have  charge  of  the  administra- 
tion and  enforcement  of  all  laws  which  it  is  the  duty  of  the 
department  to  administer  and  enforce,  and  shall  direct  all 
inspections  and  investigations.  He  may,  unless  otherwise 
provided,  appoint  such  clerks  and  other  employees  as  the 
work  of  the  department  may  require,  and  may  assign  them 
to  divisions,  transfer  and  remove  them.  He  may  also,  with 
the  approval  of  the  governor  and  council,  designate  employees 
of  the  department  qualified  by  training  and  experience  to  act 
in  the  capacity  of  director  of  any  of  said  divisions. 

Section  3.  Said  chapter  twenty-one  is  hereby  further 
amended  by  striking  out  section  four,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  4.  Upon  the  expiration  of  the  term  of 
office  of  a  director  of  the  division  of  forestry,  his  successor 
may  be  appointed  for  three  j^ears  by  the  governor,  with  the 
advice  and  consent  of  the  council.  The  director  shall  be 
qualified  by  training  and  experience  to  perform  the  duties 
of  his  office,  and  shall  receive  such  salary,  not  exceeding  five 
thousand  dollars,  as  the  governor  and  council  determine. 

Section  4.  Said  chapter  twenty-one  is  hereby  further 
amended  by  striking  out  section  six,  as  so  appearing,  and 
inserting  in  place  thereof  the  following :  —  Section  6.  Upon 
the  expiration  of  the  term  of  office  of  a  director  of  the  divi- 
sion of  fisheries  and  game,  his  successor  may  be  appointed 
for  three  years  by  the  governor,  with  the  advice  and  con- 
sent of  the  council.  The  director  shall  be  qualified  by  train- 
ing and  experience  to  perform  the  duties  of  his  office,  and 
shall  receive  such  salary,  not  exceeding  five  thousand  dol- 
lars as  the  governor  and  council  determine.  The  director 
shall  be  allowed  necessary  traveling  expenses  for  himself  and 
his  employees  incurred  in  the  discharge  of  duty. 

Section  5.  Said  chapter  twenty-one  is  hereby  further 
amended  by  striking  out  section  seven  A,  inserted  by  section 
one  of  chapter  one  hundred  and  seventy-three  of  the  acts  of 
nineteen  hundred  and  thirty-four,  and  inserting  in  place 
thereof  the  following :  —  Section  7 A .  The  commissioner 
may  appoint  and  remove  a  state  ornithologist  who  shall  be 
qualified  by  training  and  experience  to  perform  the  duties  of 
his  office.  He  shall  perform  such  duties  as  the  commissioner 
may  from  time  to  time  prescribe. 

Section  6.  Said  chapter  twenty-one  is  hereby  further 
amended  by  inserting  after  section  seven  A,  as  amended, 
under  the  heading  division  of  wildlife  research  and 
management,  the  two  following  new  sections:  —  Section  7B. 
Upon  the  expiration  of  the  term  of  office  of  a  director  of  the 
division  of  wildlife  research  and  management,  his  successor 
may  be  appointed  for  three  years  by  the  governor,  with  the 
advice  and  consent  of  the  council.  The  director  shall  be 
qualified  by  training  and  experience  to  perform  the  duties 
of  his  office,  and  shall  receive  such  salary,  not  exceeding 
five  thousand  dollars,  as  the  governor  and  council  deter- 


Acts,  1939.  —  Chap.  491.  693 

mine.    He  shall  be  allowed  necessary  traveling  expenses  for 
himself  and  his  employees  incurred  in  the  discharge  of  duty. 

Section  7C.  The  director  may,  subject  to  the  approval  ^PPf^f*^;^. 
of  the  commissioner,  appoint  and  remove  such  experts,  pens  and 
clerical  and  other  assistants  as  the  work  of  the  division  may  *^^'^ 
require.  He  shall  explore  the  possibilities  of  increasing  all 
beneficial  forms  of  wild  Hfe,  giving  due  consideration  to  eco- 
nomic, aesthetic  and  recreational  values.  He  shall,  from 
time  to  time,  prepare  reports  of  a  technical  as  well  as  of  a 
popular  nature.  He  shall  co-operate  with  the  Massachu- 
setts state  college  and  with  federal  agencies  in  matters  per- 
taining to  wildlife  research  and  management  and  shall  super- 
vise and  manage  all  wildHfe  sanctuaries  under  the  control 
of  the  department.  He  shall  report  to  the  commissioner 
from  time  to  time  relative  to  the  protection,  restoration  and 
development  of  wild  Hfe.  For  the  purposes  of  this  and  the 
preceding  section,  the  term  wild  life  shall  mean  birds  and 
mammals  only. 

Section  7.    Section  eight  of  said  chapter  twenty-one,  as  o.  l.  (Xer. 
appearing  in  the  Tercentenary  Edition,  is  hereby  repealed.     J^peiied.  ^  ^' 

Section  8.     Said  chapter  twenty-one  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  eight  A,  as  amended  by  Ed.|,  21^ 
section  four  of  chapter  three  hundred  and  twenty-nine  of  amended.'and 
the  acts  of  nineteen  hundred  and  thirty-three,  and  inserting  Ic.^nserfed. 
in  place  thereof,  under  the  heading  division  of  marine 
FISHERIES,  the  three  following  new  sections :  —  Section  8 A .  ^^l^'divisuL 
Upon  the  expiration  of  the  term  of  office  of  a  director  of  the  of  marine 
division  of  marine  fisheries,  his  successor  may  be  appointed 
for  three  years  by  the  governor,  with  the  advice  and  consent 
of  the  council.    The  director  shall  be  quahfied  by  training 
and  experience  to  perform  the  duties  of  his  office,  and  shall 
receive  such  salary,  not  exceeding  five  thousand  dollars,  as 
the  governor  and  council  determine.     The  director  shall  be 
allowed  necessary  traveling  expenses  for  himself  and  his 
employees  in  the  discharge  of  duty. 

Section  8B.  The  director  may,  subject  to  the  approval  ofT°pert"'a"nd 
of  the  commissioner,  appoint  and  remove  such  experts,  assistants. 
coastal  wardens,  fish  inspectors,  clerical  and  other  assistants 
as  the  work  of  the  division  may  require,  and  their  compen- 
sation shall  be  paid  by  the  commonwealth.  On  written 
appUcation  of  the  city  council  of  a  city  or  the  selectmen  of 
a  town  he  may,  subject  to  like  approval,  appoint  in  such 
city  or  town,  from  a  list  of  names  to  be  submitted  to  him 
by  such  city  council  or  selectmen,  a  coastal  warden  who 
shall  act  under  his  authority  and  instructions  and  have 
the  same  powers  and  duties  in  his  city  or  town  as  a  coastal 
warden  appointed  as  above  provided.  The  annual  com- 
pensation of  every  such  coastal  warden,  not  exceeding  two 
hundred  dollars,  shall  be  determined  and  paid  by  the  city 
or  town  in  which  he  is  appointed.  He  may  also,  subject 
to  Uke  approval,  appoint  deputy  coastal  wardens  who  shall 
serve  without  compensation. 


694 


Acts,  1939. —  Chap.  491. 


Duties  of 
director. 


G.  L.  (Ter. 
Ed.),  21. 
§  11.  etc., 
amended. 


Director  of 
the  division 
of  parks  and 
recreation. 


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


Certain  duties 
of  the  director 
of  the  division 
of  marine 
fisheries. 


G.  L.  (Ter. 
Ed.),  129A, 
§  1,  etc., 
amended. 


Section  8C.  The  director  shall  have  charge  of  the  en- 
forcement of  chapter  one  hundred  and  thirty,  and  all  other 
provisions  of  law  relative  to  marine  fish  and  fisheries,  in- 
cluding shellfish,  and  the  provisions  of  sections  seventy- 
four  to  eighty-eight  B,  inclusive,  of  chapter  ninety-four. 
He  shall  have  general  direction  of  the  coastal  wardens  and 
fish  inspectors  appointed  under  section  eight  B  engaged  in 
the  enforcement  of  said  provisions. 

Section  9.  Said  chapter  twenty-one  is  hereby  further 
amended  by  striking  out  section  eleven,  as  amended  by 
section  two  of  chapter  seventy-five  of  the  acts  of  nineteen 
hundred  and  thirty-three,  and  the  caption  immediately  pre- 
ceding said  section  eleven,  and  inserting  in  place  thereof, 
under  the  caption  division  of  parks  and  recreation,  the 
following:  —  Section  11.  Upon  the  expiration  of  the  term 
of  office  of  a  director  of  the  division  of  parks  and  recreation, 
his  successor  may  be  appointed  for  three  years  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council.  The 
director  shall  be  qualified  by  training  and  experience  to 
perform  the  duties  of  his  office  and  shall  receive  such  salary, 
not  exceeding  five  thousand  dollars,  as  may  be  fixed  by  the 
commissioner,  subject  to  the  approval  of  the  governor  and 
council.  Except  as  otherwise  provided,  the  director  shall 
have  charge  of  the  development  and  maintenance  of  state 
parks,  reservations  and  recreational  areas  under  the  control 
of  the  department  of  conservation,  and  shall  perform  such 
other  similar  duties  as  may  be  imposed  upon  him  by  the 
commissioner. 

Section  10.  Chapter  ninety-four  of  the  General  Laws 
is  hereby  amended  by  striking  out  section  eighty-one,  as 
amended  by  section  eleven  of  chapter  three  hundred  and 
twenty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  and  inserting  in  place  thereof  the  following:  —  Sec- 
tion 81.  The  director  of  the  division  of  marine  fisheries 
or  his  fish  inspectors  may  inspect  all  fish  offered  or  exposed 
for  sale,  or  kept  with  intent  to  sell,  and  for  such  purpose 
may  enter  any  place  where  fish  is  stored,  kept,  offered  or 
exposed  for  sale.  If  on  inspection  it  is  found  that  such 
fish  is  tainted,  diseased,  corrupted,  decayed,  unwholesome 
or  unfit  for  food  from  any  cause,  said  director  or  his  fish 
inspectors  shall  seize  and  cause  the  same  to  be  destroyed 
forthwith  or  disposed  of  otherwise  than  for  food.  All  money 
received  by  said  director  or  his  fish  inspectors  for  fish  dis- 
posed of  as  aforesaid,  after  deducting  the  expense  of  said 
seizure  and  disposal,  shall  be  paid  to  the  owner  of  such  fish. 
Said  director,  with  the  approval  of  the  commissioner  of 
conservation,  may  from  time  to  time  make  rules  and  regu- 
lations necessary  for  the  enforcement  of  sections  seventy- 
four  to  eighty-eight  B,  inclusive. 

Section  11.  Section  one  of  chapter  one  hundred  and 
twenty-nine  A  of  the  General  Laws,  as  appearing  in  sec- 
tion one  of  said  chapter  three  hundred  and  twenty-nine,  is 


Acts,  1939.  —  Chap.  491.  695 

hereby  amended  by  striking  out  the  definitions  of  "Coastal 
warden",  "Deputy  coastal  warden"  and  "Supervisor",  and 
inserting  in  place  thereof,  respectively,  the  following:  — 

"Coastal  warden",   a  coastal  warden  appointed  under  Definitions, 
section  eight  B  of  chapter  twenty-one. 

"Deputy  coastal  warden",  a  deputy  coastal  warden  ap- 
pointed under  said  section  eight  B. 

"Supervisor",  the  director  of  the  division  of  marine  fish- 
eries. 

Section  12.  On  or  after  January  thirtieth,  nineteen  hun-  Temporary 
dred  and  forty,  the  governor  may  appoint,  for  terms  of  three  p'"°'^'^'°''^- 
years  each,  a  director  of  the  division  of  wildlife  research  and 
management  in  the  department  of  conservation  and  a  direc- 
tor of  the  division  of  parks  and  recreation  in  said  depart- 
ment, and,  at  any  time  subsequent  to  the  effective  date  of 
this  act,  may  appoint,  for  the  term  of  three  years,  a  director 
of  the  division  of  marine  fisheries  and  a  director  of  the  divi- 
sion of  forestry  in  said  department.  Each  of  said  directors 
shall  be  quahfied  by  training  and  experience  to  perform  the 
duties  of  his  office.  The  director  of  said  division  of  wildlife 
research  and  management  and  the  director  of  said  division 
of  marine  fisheries  appointed  hereunder  shall  each  receive 
such  salary,  not  exceeding  five  thousand  dollars,  as  the  gov- 
ernor and  council  may  determine;  and  the  director  of  said 
division  of  parks  and  recreation  appointed  hereunder  shall 
receive  such  salary,  not  exceeding  five  thousand  dollars,  as 
may  be  fixed  by  the  commissioner,  subject  to  the  approval 
of  the  governor  and  council. 

Nothing  in  this  act  shall  be  deemed  to  affect  the  tenure 
of  office  of  the  state  ornithologist  in  office  on  its  effective 
date. 

The  term  "state  forester",  when  used  in  any  general  or 
special  law,  shall  mean  the  director  of  the  division  of  for- 
estry in  the  department  of  conservation. 

The  employees  of  the  department  of  conservation  serving 
therein  upon  the  effective  date  of  this  act  who  are  subject 
to  the  civil  service  laws  shall  continue  to  serve  in  said  de- 
partment without  impairment  of  their  civil  service  status, 
and  such  employees  shall  retain  any  step  increases  from  the 
minimum  pay  of  their  grade  earned  during  their  service  with 
said  department,  and  for  retirement  purposes  their  service 
with  said  department  shall  be  deemed  to  be  creditable  serv- 
ice. Non-civil  service  employees  of  said  department  serving 
therein  on  said  effective  date  shall  continue  to  serve  in  said 
department  without  any  impairment  of  their  status,  and  for 
retirement  purposes  their  service  with  said  department  shall 
be  deemed  to  be  creditable  service. 

Approved  August  12,  1939. 


696  Acts,  1939.  —  Chaps.  492,  493. 


Chap. 492  An  Act  relative  to  the  completion  of  the  reconstruc- 
tion AND  REPAIR  OF  MAY,  CROCKER  AND  WELD  HALLS  AT 
THE  STATE  TEACHERS'  COLLEGE  IN  FRAMINGHAM. 

Whereas,  The  commonwealth  has  partially  completed  the 
reconstruction  and  repair  of  certain  portions  of  the  State 
Teachers'  College  in  Framingham  under  the  instrument 
hereinafter  referred  to;   and 

Whereas,  An  instrument  purporting  to  be  a  contract 
between  the  Commonwealth  and  Martin  W.  Ryan,  Inc., 
for  such  reconstruction  and  repair,  was  executed  by  a 
former  commissioner  of  education,  on  behalf  of  the  com- 
monwealth, but  the  validity  of  such  instrument  as  a  con- 
tract has  been  questioned  and  work  thereunder  has  ceased; 
and 
Emergency  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  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  education  is  hereby  authorized  and 
empowered  to  expend,  for  the  completion  of  the  reconstruc- 
tion and  repair  of  May,  Crocker  and  Weld  halls  at  the 
state  teachers'  college  in  Framingham,  a  sum  not  exceeding 
ninety-four  thousand,  four  hundred  and  forty-one  dollars, 
which  sum  is  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  for  such  purpose, 
in  accordance  with  a  message  of  the  governor  dated  Feb- 
ruary sixth  of  the  current  year.  Said  commissioner  is  further 
authorized  and  empowered,  on  behalf  of  the  commonwealth, 
to  enter  into  a  contract  for  such  purpose.  Any  contract 
made  under  authority  of  this  act  shall  be  subject  to  the 
approval  of  the  attorney  general  as  to  form  and  legality. 

Approved  August  12,  1939. 


preamble. 


C/ia?}. 493  An  Act  relating  further  to  the  fixing  of  local  tax 

RATES  FOR  THE  CURRENT  YEAR. 

Emergency  Whercas,  The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purpose,  it  is  therefore  declared  to  be  an  emer- 

gency law,   necessary  for  the   preservation   of  the   public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  assessors  of  any  city  or  town  may,  pur- 
suant to  the  provisions  of  chapter  fifty-nine  of  the  General 
Laws,  fix  the  tax  rate  for  the  current  year  on  or  after  Sep- 
tember first  of  said  year  and  no  tax  rate  for  such  year  shall 
be  rescinded  after  said  date. 

Section  2.  A  person  aggrieved  by  the  tax  assessed  upon 
him  in  the  current  year  may,  on  or  before  November  fif- 


Acts,  1939.  —  Chap.  494.  697 

teenth,  of  the  current  year,  apply  in  writing  to  the  assessors, 
on  a  form  approved  by  the  commissioner,  for  an  abatement 
thereof.  Notwithstanding  the  provisions  of  section  fifty- 
nine  of  chapter  fifty-nine  of  the  General  Laws  all  provisions 
of  law  affecting  abatement  shall  be  equally  applicable  in 
respect  to  the  assessment  of  taxes  in  the  current  year  relat- 
ing to  abatements  applied  for  on  or  before  November  fif- 
teenth of  the  current  year.  Approved  August  12,  1939. 

An  Act  amending  the  law  relative  to  valuation  and  (jjidp  494 

APPRAISAL  OF  PROPERTY  IN  CONNECTION  WITH  THE  TAXA-  ^' 

TION    OF   LEGACIES   AND    SUCCESSIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  sixty-five  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  section  twenty-five,  as  §^25;  eu-'., 
amended  by  section  thirty-four  of  chapter  four  hundred  amended.' 
and  fifty-one  of  the  acts  of  the  current  year,  and  inserting 
in  place  thereof  the  Mlowing:  —  Section  25.  The  value  of  S''*i^;]'i"of  °° 
property  upon  which  a  tax  under  this  chapter  is  to  be  com-  property  by 
puted  shall  be  determined  by  the  commissioner.  There  may  '=°'""''^*'°°*''"- 
be  excluded  from  any  determination  of  value  any  property 
on  which  information  satisfactory  to  the  commissioner  has 
not  been  furnished  to  him,  or  any  property  in  which  the 
decedent  had  a  vested  interest  coming  into  possession  and 
enjoyment  at  a  future  time,  and  with  respect  to  such  ex- 
cluded property  or  any  part  thereof  valuation  shall  be 
made  by  the  commissioner  when  satisfactory  information 
is  furnished  or  otherwise  becomes  available  to  him  or  the 
property  comes  into  possession  and  enjoyment,  as  the  case 
may  be.  Any  determination  of  value  by  the  commissioner 
under  this  section  shall  be  notified  by  him  to  the  persons 
by  whom  the  tax  is  payable  and  such  determination  shall  be 
final  as  to  all  property  valued  therein,  unless  the  value  so 
determined  shall  be  reduced  or  altered  as  provided  in  this 
or  the  following  section.  At  any  time  within  three  months 
after  such  a  determination  of  value,  any  person  interested 
in  the  succession,  or  the  executor,  administrator  or  trustee, 
may  appeal  from  the  determination  to  the  appellate  tax 
board.  Said  board  shall  appraise  such  property  as  has 
been  valued  by  the  commissioner  at  its  value  as  of  the  date 
of  death  of  the  decedent,  shall  give  notice  of  its  decision  to 
the  commissioner  and  to  the  appellant,  and  shall  make 
return  thereof  to  the  probate  court.  Such  return,  when 
accepted  by  the  court,  shall  be  final  except  that  any  party 
aggrieved  by  such  appraisal  shall  have  an  appeal  on  matters 
of  law. 

Section  2.     Said   chapter  sixty-five   is   hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-six,  as  amended  f 26.' etc, 
by  section  thirty-five  of  said  chapter  four  hundred  and  fifty-  amended'.' 
one,  and  inserting  in  place  thereof  the  following:  —  Section  Alteration  of 
26.    At  any  time  within  three  months  after  the  date  of  any  valuations. 
determination  of  value  by  the  commissioner  under  the  pre- 


698  Acts,  1939.  —  Chap.  495. 

ceding  section,  he  may,  at  the  request  or  with  the  consent 
of  the  persons  by  whom  the  tax  is  payable,  alter  such  deter- 
mination of  value.  If  any  such  alteration  is  made,  the  com- 
missioner shall  notify  the  persons  by  whom  the  tax  is  pay- 
able of  the  alteration,  and  the  period  within  which  an  appeal 
to  the  appellate  tax  board  may  be  taken  as  provided  by  the 
preceding  section  shall  be  three  months  from  the  date  of 
said  alteration  of  value  by  the  commissioner.  In  all  pro- 
ceedings before  the  appellate  tax  board  or  in  the  probate 
court  under  this  or  the  preceding  section  the  commissioner 
shall  receive  notice  thereof  and  may  be  heard. 

Approved  August  12 j  19S9. 

ChapA95  An  Act  in  addition  to  the  general  appropriation  act 

MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CERTAIN  ITEMS 
CONTAINED  THEREIN,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND    PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act,  and  for  certain  new  activi- 
ties and  projects,  the  sums  set  forth  in  section  two,  for  the 
particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof. 

Section  2. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  Legislative  Department. 

7  For  such  additional  clerical  assistance 
to,  and  with  the  approval  of  the  clerk 
of  the  house  of  representatives,  as 
may  be  necessary  for  the  proper  dis- 
patch of  public  business  including  not 
more  than  three  permanent  positions  -  81,050  00 

18  For  personal  services  of  the  counsel  to 

the  senate  and  assistants,  including 
not  more  than  three  permanent  po- 
sitions in  the  fiscal  year  nineteen 
hundred  and  thirty-nine  and  two 
permanent  positions  in  the  fiscal 
year  nineteen  hundred  and  forty,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  $100  00  — 

19  For  personal  services  of  the  counsel  to 

the  house  of  representatives  and  as- 
sistants, including  not  more  than 
five  permanent  positions  in  the  fiscal 
year  nineteen  hundred  and  thirty- 
nine  and  four  permanent  positions 
in  the  fiscal  year  nineteen  hundred 
and  forty,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  2,700  00 


Acts,  1939.  —  Chap.  495.  699 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 


Item 

21  For  clerical  and  other  assistance  of  the 
house  committee  on  rules,  the  same 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
same  purpose         .  .  .  .  $160  00 

25  For  expenses  in  connection  -n-ith  the 
publication  of  the  bulletin  of  com- 
mittee hearings  and  of  the  daily  list, 
with  the  approval  of  the  joint  com- 
mittee on  rules,  including  not  more 
than  one  permanent  position,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose   .  800  00 

31  For  office  expenses,  including  travel, 

of  the  counsel  to  the  house  of  repre- 
sentatives, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  50  00 

32  For  contingent  expenses  of  the  senate 

and  house  of  representatives,  and 
necessary  expenses  in  and  about  the 
state  house,  with  the  approval  of  the 
sergeant-at-arms,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  800  00 

33  For  telephone  service,  to  be  in  addi- 

tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  .  3,000  00 
23  For  printing,  binding  and  paper  or- 
dered by  the  senate  and  house  of 
representatives,  or  by  concurrent 
order  of  the  two  branches,  with  the 
approval  of  the  clerks  of  the  respec- 
tive branches,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose      .          .          .            14,000  00 


Total $21,610  00  $1,050  00 


Service  of  Legislative  Investigations. 

36c  For  continuing  the  investigations  rela- 
tive to  the  sanitary  conditions  of 
certain  rivers  in  the  commonwealth, 
as  authorized  by  chapter  twenty- 
two  of  the  resolves  of  the  present 
year,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose      .  .  .  $2,000  00 

36d  For  a  study  by  the  department  of  edu- 
cation relative  to  educational  and 
employment  problems  affecting  the 
youth  of  our  commonwealth,  as  au- 
thorized by  chapter  thirty-eight  of 
the  resolves  of  the  present  year  10,000  00 

36e  For  an  investigation  and  study  of  the 
juvenile  court  system  of  the  com- 
monwealth, as  authorized  by  chap- 
ter forty-three  of  the  resolves  of  the 
present  year  ....  2,000  00 

36f  For  an  investigation  and  study  relative 
to  certain  payments  in  lieu  of  taxes 
on  land  in  the  towns  of  Granville 


700  Acts,  1939.  —  Chap.  495. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

and  Tolland  owned  or  held  for  water 
supply  or  water  shed  purposes,  as 
authorized  by  chapter  forty-four  of 
the  resolves  of  the  present  year       .  $1,000  00  - 

36g  For  an  investigation  relative  to  the 
adoption  of  wage  and  hour  stand- 
ards, as  authorized  by  chapter  fifty- 
two  of  the  resolves  of  the  present 
year 1,500  00 

36h  For  an  investigation  and  report  by  the 
attorney  general  relative  to  the 
status  and  use  of  water  rights  in 
Lake  Quinsigamond  and  one  or 
more  ponds  in  Worcester  County, 
as  authorized  by  chapter  forty  of 
the  resolves  of  the  present  year      .  500  00  - 

36i  For  continuing  the  investigation  rela- 
tive to  the  pardon  and  parole  sys- 
tem of  the  commonwealth,  as  au- 
thorized by  chapter  thirty-seven  of 
the  resolves  of  the  present  year, 
the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose     ....  8,000  00 

36j  For  an  investigation  by  the  depart- 
ment of  public  health  relative  to 
means  and  methods  of  remedying 
the  pollution  of  Martin's  Pond  in 
the  town  of  North  Reading,  as  au- 
thorized by  chapter  twenty-six  of 
the  resolves  of  the  present  year       .  1,500  00  - 

36k  For  expenses  of  a  commission  to  study 
and  investigate  the  service  of  the 
New  York,  New  Haven  and  Hart- 
ford Railroad  Company  in  certain 
sections  of  the  commonwealth         .  20,000  00  - 

361  For  services  and  expenses  of  the  at- 
torney general  in  preparing  and  fur- 
nishing information  for  use  by  the 
commission  appointed  to  study  and 
investigate  the  service  of  the  New 
York,  New  Haven  and  Hartford 
Railroad  Company         .  .  .  25,000  00 


Total $71,500  00 


Service  of  the  Judicial  Department. 

Supreme  Judicial  Court,  as  follows: 
43  For  the  salaries  of  the  officers  and  mes- 
sengers, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $230  00  $250  00 

Superior  Court,  as  follows: 
62  For  clerical  work,  inspection  of  records 
and  doings  of  persons  authorized  to 
admit  to  bail,  for  an  executive  clerk 
to  the  chief  justice,  and  for  certain 
other  expenses  incident  to  the  work 
of  the  court,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  350  00  850  00 


Acts,  1939.  —  Chap.  495.  701 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

;tem  1939.  1940. 

Justices  of  District  Courts: 

53  For  compensation  of  justices  of  dis- 

trict courts  while  sitting  in  the  su- 
perior court,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $2,500  00  $2,500  00 

54  For   expenses   of   justices   of   district 

courts  while  sitting  in  the  superior 
court,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  200  00  200  00 

Registers  of  Probate: 
76  For  clerical  assistance  to  the  register  of 
Suffolk  County,  including  not  more 
than  forty-four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose; and  provision  is  hereby  made 
for  the  position  of  fourth  assistant 
register,  as  authorized  by  chapter 
three  hundred  and  ninety-two  of  the 
acts  of  the  present  year,  by  a  trans- 
fer from  item  76  of  chapter  three 
hundred  and  nine  of  the  acts  of  the 
present  year  in  the  sum  of  three 
thousand  and  sixty  dollars  for  the 
fiscal  year  nineteen  hundred  and 
thirty-nine  and  thirty-two  hundred 
and  eighty  dollars  for  the  fiscal  year 
nineteen  hundred  and  forty,  said 
sums  to  be  added  to  item  63  of  said 
chapter  three  hundred  and  nine; 
and  the  number  of  permanent  posi- 
tions in  said  item  63  is  hereby  in- 
creased from  twenty-one  to  twenty- 
two      150  00  1,300  00 


Total $3,430  00  $5,100  00 


Service  of  the  Executive  Department. 

100     For  travel  and  expenses  of  the  lieuten- 
ant governor  and  council  from  and 

to  their  homes,  to  be  in  addition  to 

any  amount  heretofore  appropriated 

for  the  purpose     ....  $1,500  00  $1,500  00 

102     For     postage,     printing,     stationery, 

traveling  and   contingent  expenses 

of  the  governor  and  council,  to  be  in 

addition  to  any  amount  heretofore 

appropriated  for  the  purpose  .  1,000  00  1,000  00 


Total $2,500  00  $2,500  00 


Service  of  the  Militia. 

129  For  instruction  in  military  authority, 
organization  and  administration, 
and  in  the  elements  of  military  art, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose     $1,000  00  $1,000  00 


702  Acts,  1939.  —  Chap.  495. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Chapter  three  hundred  and  nine  of 

the  acts  of  the  present  year  is 

hereby  amended  by  striking  out 

item   156  and  inserting  in  place 

thereof  the  following : 
156  For  continuation  of  the  development 
of  the  state  military  reservation 
located  in  Barnstable  county,  to  be 
used  only  in  connection  with  Works 
Projects  Administration  or  other 
federal  agencies,  and  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose. 


Service  of  the  Commission  on  Administration  and  Finance. 

151  For    personal    services    of   the    com- 

mission, including  not  more  than 
twenty-eight  permanent  positions, 
the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  same  purpose  .  .  .  $1,000  00  $2,400  00 

152  For  other  expenses  incidental  to  the 

duties  of  the  commission,  to  be  in 
addition  to  any  amount  heretofore 

appropriated  for  the  purpose  .  500  00  200  00 

152a  For  expenses  incidental  to  the  instal- 
lation of  an  accrual  bookkeeping 
system  for  certain  departments  and 
institutions  of  the  commonwealth  .  20,000  00  — 


Total $21,500  00  $2,600  00 

The  sum  of  one  thousand  dollars  is 
hereby  transferred  from  Item  152  of 
chapter  three  hundred  and  nine  of 
the  acts  of  the  present  year  to  Item 
150  of  said  chapter  three  hundred 
and  nine. 

For  Expenses  on  Account  of  Wars. 

161a  For  expenses  of  the  Grand  Army  of  the 
Republic,  Department  of  Massa- 
chusetts, as  authorized  by  chapter 
fifteen  of  the  resolves  of  the  pres- 
ent year,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose $2,000  00 

161b  For  expenses  in  connection  with  the 
national  convention  of  the  Yankee 
Division  Veterans  Association,  as 
authorized  by  chapter  forty-five  of 
the  resolves  of  the  present  year       .  -  $3,000  00 

161c  For  expenses  in  connection  with  the 
national  convention  of  The  Ameri- 
can Legion,  as  authorized  by  chap- 
ter fifty-three  of  the  resolves  of  the 
present  year  ....  -  50,000  00 


Total $2,000  00  $53,000  00 


Acts,  1939.  —  Chap.  495.  703 


Appropriation        Appropriation 

Fiscal  Year  Fiscal  Year 

1039.  1940. 


Service  of  the  Superintendent  of  Buildings. 

190  For  other  services,  supplies  and  equip- 
ment necessary  for  the  maintenance 
and  care  of  the  state  house  and 
grounds,  including  repairs  of  furni- 
ture and  equipment,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose      .  .  $1,000  00 

191a  For  improvements  in  the  power  plant 
at  the  state  house,  including  the 
purchase  and  installation  of  certain 
equipment,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  5,000  00 


Total $6,000  00 

Service  of  the  Secretary  of  the  Commonwealth. 

205a  For  payment  of  a  claim  of  the  J.  S. 
Gushing  Company  for  storage  of 
certain  plates        ....  $420  00 

Service  of  the  Treasurer  and  Receiver-General. 

State  Board  of  Retirement: 
222  For  requirements  of  annuity  funds  and 
pensions  for  employees  retired  from 
the  state  service  under  authority  of 
law,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose     $4,000  00  $4,000  00 

Service  of  the  State  Emergency  Public  Works  Commission. 

224  For  expenses  of  the  board  appointed  to 

formulate  projects  or  perform  any 
act  necessary  to  enable  the  com- 
monwealth to  receive  certain  bene- 
fits provided  by  any  acts  or  joint 
resolutions  of  congress  authorizing 
grants  of  federal  money  for  public 
projects,  including  not  more  than 
nine  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore 
appropriated  for  the  purpose         .  $5,845  00  $24,620  00 

Requirements  for  Extinguishing  the  State  Debt. 

225  For  sinking  fund  requirements  and  for 

certain  serial  bonds  maturing  during 
the  fiscal  year  nineteen  hundred  and 
thirty-nine,  to  be  paid  from  the 
Highway  Fund  and  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  $3,894  00  - 

Interest  on  the  Public  Debt. 

226  For  the  payment  of  interest  on  the 

direct  debt  of  the  commonwealth, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose     $1,000  00  $3,000  00 


704  Acts,  1939.  —  Chap.  495. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  Auditor  of  the  Commonwealth. 

228  For  personal  services  of  deputies  and 

other  assistants,  including  not  more 
than  twenty-three  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $4,000  00 

229  For    services    other    than    personal, 

traveling  expenses,  office  supplies 
and  equipment,  to  be  in  addition  to 
any  amount  heretofore  appropriated 
for  the  purpose     ....  3,000  00 


Total $7,000  00 


Service  of  the  Attorney  General's  Department. 

232  For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appropri- 
ated for  the  purpose      .  .  .  $1,000  00 

232a  For  stenographic  and  other  expenses 
on  account  of  a  hearing  by  the  at- 
torney general  on  the  subject  of 
certain  contracts  for  hurricane  and 
storm  damage  entered  into  by  the 
department  of  education         .  .  1,512  10 


Total $2,512  10 

Service  of  the  Department  of  Agriculture. 

Division  of  Dairying   and  Animal 
Husbandry: 

241  For  personal  services,  including  not 

more  than  five  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose     $3,500  00  $13,430  00 

242  For  other  expenses,  including  the  en- 

forcement of  the  dairy  laws  of  the 
commonwealth,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose       .  .  .  1,500  00  5,900  00 

243  For  administering  the  law  relative  to 

the  inspection  of  barns  and  dairies 
by  the  department  of  agriculture, 
including  not  more  than  eight  per- 
manent positions,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  6,750  00  27,000  00 

Division  of  Plant  Pest  Control : 
245  For  personal  services  including  not 
more  than  four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose, and  the  sum  appropriated  by 
Item  249  of  chapter  three  hundred 
and  nine  of  the  acts  of  the  present 
year  is  hereby  added  to  and  made  a 
part  of  Item  245  of  said  chapter      .  1,880  00  7,580  00 


Acts,  1939.  —  Chap.  495.  705 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                              1939.  1940. 

246  For  other  expenses,  to  be  in  addition  to 

any  amount  heretofore  appropriated 
for  the  purpose,  and  the  sum  appro- 
priated by  Item  250  of  chapter  three 
hundred  and  nine  of  the  acts  of  the 
present  year  is  hereby  added  to  and 
made  a  part  of  Item  246  of  said 
chapter         .  .  .  .  .  $800  00  $3,200  00 

Division  of  Markets: 

247  For  personal  services,  including  not 

more  than  twelve  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  .  .  .  .  7,250  00  28,800  00 

248  For  other  expenses,  to  be  in  addition 

to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  1,900  00  7,500  00 

Milk  Control  Board: 

253  For  other  administrative  expenses  of 

the  board,  including  office  expenses, 
rent,  travel  and  special  ser\'ices,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  1,200  00  4,950  00 

This  appropriation  provides  for  the 
transfer  of  the  milk  bonding  ex- 
penditure beginning  September  first, 
nineteen  hundred  and  thirty-nine, 
and  includes  not  more  than  two  per- 
manent employees. 

Division  of  Livestock  Disease  Con- 
trol: 

254  For  the  salary  of  the  director,  to  be  in 

addition  to  any  amount  heretofore 

appropriated  for  the  purpose  .  1,000  00  4,000  00 

255  For   personal   services   of   clerks  and 

stenographers,  including  not  more 
than  eighteen  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose      6,600  00  27,000  00 

256  For  services  other  than  personal,  in- 

cluding printing  the  annual  report, 
traveling  expenses  of  the  director, 
office  supplies  and  equipment,  and 
rent,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  2,200  00  8,850  00 

257  For  personal  services  of  veterinarians 

and  agents,  including  not  more  than 
fifteen  permanent  positions,  engaged 
in  the  work  of  extermination  of  con- 
tagious diseases  among  domestic 
animals,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  17,000  00  68,000  00 

258  For  traveling  expenses  of  veterinarians 

and  agents,  including  the  cost  of  any 
motor  vehicles  purchased  for  their 
use,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  pur- 
pose     4,000  00  16,000  00 


706  Acts,  1939.  —  Chap.  495. 

Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

259  For  reimbursement  of  owners  of  horses 
killed  during  the  fiscal  years  nine- 
teen hundred  and  thirty-nine  and 
nineteen  hundred  and  forty  and  pre- 
vious years,  travel,  when  allowed,  of 
inspectors  of  animals,  incidental  ex- 
penses of  killing  and  burial,  quaran- 
tine and  emergency  services,  and  for 
laboratory  and  veterinary  supplies 
and  equipment,  to  be  in  addition  to 
any  amount  heretofore  appropriated 
for  the  purpose     ....  $770  00  $3,100  00 


Total $56,350  00        $225,310  00 

State  Reclamation  Board: 
For  expenses  of  the  board,  including 
not  more  than  five  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $3,000  00  $12,000  00 


Service  of  the  Department  of  Conservation. 

280a  For  expenses  of  the  timber  salvage 
commission,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  .  .         .  $2,500  00 

285a  For  the  payment  of  certain  land  dam- 
age claims 1,000  00 

The  unexpended  balance  of  the  appro- 
priation made  by  Item  302b  of  sec- 
tion two  of  chapter  five  hundred  and 
seven  of  the  acts  of  nineteen  hun- 
dred and  thirty-eight,  to  the  amount 
of  fifty  thousand  dollars,  is  hereby 
reappropriated  and  made  available, 
in  addition  to  the  appropriation  au- 
thorized by  Item  281a  of  said  section 
two  of  said  chapter  five  hundred  and 
seven,  for  forestry  work  made  neces- 
sary by  the  hurricane  and  floods  of 
September,  nineteen  hundred  and 
thirty-eight. 

Division  of  Parks: 
286  For  expenses  for  improvement  of  Salis- 
bury beach,  either  in  the  form  of 
Works  Projects  Administration  or 
other  federal  projects,  or  with  the 
co-operation  of  the  Civilian  Con- 
servation Corps,  to  be  in  addition  to 
any  amount  heretofore  appropriated 
for  the  purpose     ....  15,000  00  $15,000  00 

Enforcement  of  shellfish  and  other 
marine  fishery  laws: 
310  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 


Acts,  1939.  —  Chap.  495.  707 

Appropriation        Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

of  chapter  three  hundred  and 
twenty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three,  to  be  in 
addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  $2,086  00  $6,000  00 


Total $20,586  00         $21,000  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 

319  For  other  personal  services  of  the  divi- 

sion, including  expenses  of  the  board 
of  appeal  and  certain  other  costs  of 
supervising  motor  vehicle  liability 
insurance,  and  including  not  more 
than  one  hundred  and  forty-one  per- 
manent positions,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  $12,000  00  $15,000  00 
319a  For  expenses  of  receivership  of  the 
Canton  Mutual  Liability  Insurance 
Company,  provided,  that  the  total 
expense  of  the  division  of  insurance 
due  to  the  receivership  shall  be 
allowed  as  a  cost  of  liquidation,  and 
that  the  commonwealth  shall  be 
reimbursed  for  the  amount  certified 
by  the  commissioner  of  insurance  as 
said  cost 3,500  00  6,000  00 

320  For  other  services,  including  printing 

the  annual  report,  traveling  ex- 
penses, necessary  office  supplies  and 
equipment  and  rent  of  offices,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose    .  2,000  00  2,000  00 


Total $17,500  00  $23,000  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

325  For  the  salaries  of  certain  positions 

filled  by  the  commissioner,  with  the 
approval  of  the  governor  and  coun- 
cil, and  for  additional  clerical  and 
other  assistance,  including  not  more 
than  one  hundred  and  twenty-two 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 

priated  for  the  purpose  .          .          .  $3,750  00  $3,000  00 

325a  For  personal  8er\aces  for  the  adminis- 
tration of  certain  laws  levying  new 
taxes 18,600  00  43,200  00 

326  (This  item  omitted.) 

326a  For  expenses  other  than  personal 
services  for  the  administration  of 
certain  laws  levying  new  taxes       .  15,900  00  16,000  00 

327  For  expenses  of  the  department  for 

legal  services,  evidence  and  other 
information  relative  to  domicile 
cases,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  .  .  ,  ,  ^  1,000  00 


708  Acts,  1939.  —  Chap.  495. 


Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Compensation  of  attorneys  and  other 
expenses  in  connection  with  the 
trial  and  argument  of  the  case  of 
Texas  v.  Florida  and  others  (Es- 
tate of  Edward  H.  R.  Green)  in  the 
United  States  Supreme  Court  are 
hereby  authorized  to  be  paid  from 
the  proceeds  of  the  inheritance  tax 
upon  said  estate,  without  further  ap- 
propriation, to  such  persons  and  in 
such  amounts  as  shall  be  determined 
by  a  committee  consisting  of  the 
Governor,  the  Attorney  General  and 
the  Commissioner  of  Corporations 
and  Taxation,  notwithstanding  any 
other  provision  of  law. 

Income  Tax  Division   (the  follow- 
ing appropriations  are  to  be  made 
from  the  receipts  from  the  income 
tax): 
329a  For  personal  services  required  for  re- 
vising and  changing  certain  tax  bills  $6,000  00 
330a  For  expenses  other  than  personal  serv- 
ices for  revising  and  changing  cer- 
tain tax  bills          ....  12,000  00 

Division  of  Accounts: 
333  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,  the  same  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  6,000  00  $25,000  00 
Item  three  hundred  and  thirty-one  of 
chapter  three  hundred  and  nine  of 
the  acts  of  the  present  year  is  hereby 
amended  by  striking  out  the  word 
"ninety-two"  and  inserting  in  place 
thereof  the  words  "  one  hundred  ". 


Total $62,250  00  $88,200  00 

Appellate  Tax  Board: 
337  For  personal  services  of  the  members 
of  the  board  and  employees,  includ- 
ing not  more  than  twenty-four  per- 
manent positions,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  $500  00  $600  00 

Service  of  the  Department  of  Education. 

355  For  assistance  to  children  of  certain 
war  veterans,  for  the  fiscal  years 
nineteen  hundred  and  thirty-nine 
and  nineteen  hundred  and  forty  and 
for  previous  years,  as  authorized  by 
chapter  two  hundred  and  sixty-three 
of  the  acts  of  nineteen  hundred  and 
thirty,  as  amended,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  $2,000  00  $2,000  00 


Acts,  1939.  —  Chap.  495.  709 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

English-speaking  Classes  for  Adults: 
356  For  personal  services  of  administra- 
tion, including  not  more  than  four 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose      .  .  S65  00  - 

Newbury  Street  Building: 
Item  362  of  chapter  three  hundred  and 
nine  of  the  acts  of  the  present  year 
is  hereby  amended  by  adding  at  the 
end  thereof  the  words  "including 
not  more  than  four  permanent 
positions". 

Special : 
362a  For    sponsorship    of    certain    Works 
Projects    Administration    or    other 
federal  projects     ....  1,21000  $3,63000 

Division  of  Immigration  and  Ameri- 
canization: 

363  For  personal  services,  including  not 

more  than  twenty  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  10,300  00  37,300  00 

364  For  other  expenses,  to  be  in  addition  to 

any  amount  heretofore  appropriated 

for  the  purpose     ....  1,375  00  5,500  00 

Massachusetts  Nautical  School: 
381  For  services  other  than  regular  clerical 
services,  including  printing  the  an- 
nual report,  rent,  office  supplies  and 
equipment,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  500  00  900  00 

For  the  maintenance  of  state  teach- 
ers' colleges  and  the  boarding  halls 
attached  thereto,  with  the  approval 
of  the  commissioner  of  education,  as 
follows : 

383  State  teachers'  college  at  Bridgewater, 

including  not  more  than  sixty-one 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose     .  .  39.000  00  156,690  00 

384  State  teachers'  college  at  Bridgewater, 

boarding  hall,  including  not  more 
than  thirty  permanent  positions,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  13,813  00  55,350  00 

385  State  teachers'  college  at  Fitchburg, 

including  not  more  than  fifty-eight 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose     .  .  44,893  00  180,600  00 

386  State  teachers'  college  at  Fitchburg, 

boarding  hall,  including  not  more 
than  nine  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  .  7,500  00  30,000  00 


710  Acts,  1939.  —  Chap.  495. 


Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

387  State  teachers'  college  at  Framingham, 

including  not  more  than  sixty-one 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose     .  .  $38,175  00        $155,500  00 

388  State  teachers'  college  at  Framingham, 

boarding  hall,  including  not  more 
than  twenty-seven  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  .  .  .  .  14,125  00  57,200  00 

389  State  teachers'  college  at  Hyannis,  in- 

cluding not  more  than  twenty-nine 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose     .  .  19,175  00  76,100  00 

390  State   teachers'    college    at    Hyannis, 

boarding  hall,  including  not  more 
than  five  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  .  5,750  00  26,200  00 

392  State  teachers'  college  at  Lowell,  in- 

cluding not  more  than  thirty-nine 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose     .  .  19,623  00  78,025  00 

393  State     teachers'     college     at     North 

Adams,  including  not  more  than 
twenty-nine  permanent  positions,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  16,419  00  66,575  00 

394  State     teachers'     college     at     North 

Adams,  boarding  hall,  including  not 
more  than  six  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 2,788  00  12,150  00 

395  State  teachers'  college  at  Salem,  in- 

cluding not  more  than  forty-nine 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose      .  .  30,373  00  123,375  00 

397  State  teachers'   college  at  Westfield, 

including  not  more  than  thirty-five 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose      .  .  18,351  00  73,105  00 

398  State  teachers'   college  at  Westfield, 

boarding  hall,  including  not  more 
than  one  permanent  position,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  .  425  00  1,700  00 

399  State  teachers'  college  at  Worcester, 

including  not  more  than  forty-four 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose     .  .  24,006  00  97,700  00 

Massachusetts  State  College: 
404     For  maintenance  and  current  expenses 
of  the  Massachusetts  state  college, 
with  the  approval  of  the  trustees, 
including  not  more  than  four  hun- 


Acts,  1939.  — Chap.  495.  711 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

1939.  1940. 

dred  and  sixty-eight  permanent  po- 
sitions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $2,000  00  $2,000  00 


Total $311,866  00     $1,241,600  00 

Service  of  the  Department  of  Civil  Service  and  Registration. 

Division  of  Civil  Service: 
The  appropriation  authorized  by  Item 
411  of  chapter  three  hundred  and 
nine  of  the  acts  of  the  present  year 
is  hereby  made  available  for  the  sal- 
aries of  the  members  of  the  civil 
service  commission  and  the  director, 
not  exceeding  six  permanent  posi- 
tions, and  a  transfer  is  hereby  made 
from  Item  412  of  said  chapter  three 
hundred  and  nine  to  said  Item  411 
in  the  sum  of  eight  hundred  dollars 
for  the  fiscal  year  nineteen  hundred 
and  thirty-nine  and  thirty-five  hun- 
dred dollars  for  the  fiscal  year  nine- 
teen hundred  and  forty. 

Division  of  Registration: 
416  For  services  of  the  division  other  than 
personal,  printing  the  annual  re- 
ports, office  supplies  and  equipment, 
except  as  otherwise  provided,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose     .  $500  00  - 

Board    of    Registration    of    Hair- 
dressers: 

442  For  personal  services  of  members  of 

the  board  and  assistants,  including 
not  more  than  eighteen  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  8,775  00  $30,500  00 

443  For   travel    and   other   necessary   ex- 

penses, including  rent,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose  .  3,706  00  14,825  00 


Total $12,981  00  $45,325  GO 

Service  of  the  Departmeyit  of  Labor  and  Industries. 

Massachusetts     Development    and 
Industrial  Commission: 

467  For   personal    services   of   employees, 

including  not  more  than  five  perma- 
nent positions,  to  be  in  addition  to 
any  amount  heretofore  appropriated 
for  the  purpose      ....  $3,475  00  $13,900  00 

468  For  administrative  expenses,  including 

office  rent  and  other  incidental  ex- 
penses, and  for  the  promotion  and 
development  of  the  industrial,  agri- 
cultural and  recreational  resources 
of  the  commonwealth,  to  be  in  ad- 


712  Acts,  1939.  —  Chap.  495. 


Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

1939.  1940. 

dition  to  any  amount  heretofore 
appropriated  for  the  purpose,  and 
any  unexpended  balance  remaining 
at  the  end  of  either  of  the  years 
nineteen  hundred  and  thirty-nine 
and  nineteen  hundred  and  forty  may 
be  used  in  the  succeeding  year         .  $20,000  00  $70,000  00 


Total $23,475  00  $83,900  00 

Service  of  the  Department  of  Mental  Health. 

Division  of  Mental  Hygiene: 
478  For  expenses,  including  not  more  than 
sixty-two  permanent  positions,  of 
investigating  the  nature,  causes 
and  results  of  mental  diseases  and 
defects  and  the  publication  of  the 
results  thereof,  and  of  what  further 
preventive  or  other  measures  might 
be  taken  and  what  further  expendi- 
tures for  investigation  might  be 
made  which  would  give  promise  of 
decreasing  the  number  of  persons 
afflicted  with  mental  diseases  or 
defects;  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $720  00  $1,440  00 

Item  494b  of  chapter  three  hundred 
and  nine  of  the  acts  of  the  present 
year  is  hereby  amended  by  adding 
at  the  end  thereof  the  words  " ,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose". 

Service  of  the  Department  of  Correction. 

507  For  maintenance  of  the  reformatory 
for  women,  including  not  more  than 
one  hundred  and  two  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $2,500  00 

507d  For  improvements  in  the  heating  fa- 
cilities at  the  reformatory  for  women 
by  the  installation  of  new  boiler 
equipment 6,000  00 


Total $8,500  00 

Service  of  the  Department  of  Public  Welfare. 

510  For  personal  services  of  officers  and 
employees,  including  not  more  than 
twenty-nine  permanent  employees, 
the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  same  purpose  .  .  .  $1,250  00  $5,100  00 

State  Board  of  Housing: 
512  For  personal  services,  including  not 
m^Te  than  nine  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  600  00 


Acts,  1939.  —  Chap.  495.  713 


Lppropriation        Appropriation 
Fiscal  Year  FiBcal  Y 


FiBcal  Year 
1940. 


State  Infirmary; 
The  unexpended  balance  of  Item  592 
of  chapter  two  hundred  and  thirty- 
four  of  the  acts  of  nineteen  hundred 
and  thirty-seven  "for  the  construc- 
tion of  a  building  for  male  inmates, 
including  the  cost  of  furnishings  and 
equipment,"  is  hereby  reappropri- 
ated. 


Total $1,850  00  $5,100  00 

Service  of  the  Department  of  Public  Health. 

Division  of  Communicable  Diseases: 
548  For  personal  services  of  the  director, 
district  health  officers  and  their  as- 
sistants, epidemiologists,  bacteriolo- 
gist and  assistants  in  the  diagnostic 
laboratory,  including  not  more  than 
thirty  permanent  positions,  to  be 
in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose         .  -  $2,175  00 

Inspection  of  Food  and  Drugs: 

556  For  personal  services  of  the  director, 

analysts,  inspectors  and  other  as- 
sistants, including  not  more  than 
thirty-two  permanent  positions,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  $300  00  930  00 

557  For  other  services,  including  traveling 

expenses,  supplies,  materials  and 
equipment,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  285  00  150  00 

Water  Supply  and  Disposal  of  Sew- 
age: 
561  For  other  services,  including  traveling 
expenses,  supplies,  materials  and 
equipment,  for  the  division  of  en- 
gineering and  the  division  of  labora- 
tories, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  1,625  00  1,625  00 

Division  of  Tuberculosis: 
563  For  personal  services  of  the  director, 
stenographers,  clerks  and  other  as- 
sistants, including  not  more  than 
twenty  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  .  360  00  900  00 

A  transfer  in  the  sum  of  sixty  dollars 
is  hereby  made  from  Item  566  of 
chapter  three  hundred  and  nine  of 
the  acts  of  the  present  year  to  Item 
563  of  said  chapter  three  hundred 
and  nine. 


Total $2,570  00  $5,780  00 


714  Acts,  1939.  —  Chap.  495. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  Department  of  Public  Works. 

Functions  of  the  department  relat- 
ing to  highways: 

698  For  personal  services  for  the  mainte- 

nance and  operation  of  the  public 
works  building,  including  not  more 
than  sixty-six  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose  and  to  be  paid  from  the 
Highway  Fund     ....  $936  00  $2,020  00 

699  For   other  expenses  for  the   mainte- 

nance and  operation  of  the  public 
works  building,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  and  to  be 

paid  from  the  Highway  Fund          .  6,000  00  6,000  00 

609b  For  the  payment  of  certain  claims 
developing  from  the  construction  of 
the  Quincy-Weymouth  bridge,  so- 
called,  to  be  paid  from  the  Highway 
Fund 30,000  00 

Functions  of  the  department  relat- 
ing to  waterways  and  public  lands: 
620  For  the  operation  and  maintenance  of 
the  New  Bedford  state  pier,  includ- 
ing not  more  than  one  permanent 
position,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  3,000  00 


Total $39,936  00  $8,020  00 

Service  of  the  Department  of  Public  Utilities. 
Smoke  Inspection  Service: 

(The  following  items  are  to  be  as- 
sessed upon  the  cities  and  towns 
comprising  the  district  defined 
by  chapter  six  hundred  and 
fifty-one  of  the  acts  of  nineteen 
hundred  and  ten,  and  acts  in 
amendment  thereof  or  in  addi- 
tion thereto) : 

648  For  personal  services,  including  not 

more  than  fourteen  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $8,260  00  $33,410  00 

649  For  other  services,  printing  the  annual 

report,  travel,  and  necessary  office 
supplies  and  equipment,  to  be  in 
addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  850  00  3,400  00 

Sale  of  Securities: 
660  For  personal  services  in  administering 
the  law  relative  to  the  sale  of  se- 
curities, including  not  more  than 
thirteen  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  .  9,060  00  30,000  00 


Acts,  1939.  —  Chap.  495.  715 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

651  For  expenses  other  than  personal  in 
administering  the  law  relative  to  the 
sale  of  securities,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  $1,000  00  $4,000  00 


Total $19,170  00  $70,810  00 


Miscellaneous. 
The  following  items  are  to  be  paid 
from  the  Highway  Fund,  with  the 
approval  of  the  metropolitan  dis- 
trict commission: 
653     For  maintenance  of  boulevards  and 
parkways,  including  installation  of 
traffic  lights,  to  be  in  addition  to 
any  amount  heretofore  appropriated 

for  the  purpose     ....  $1,95000  $1,36500 

654a  For  the  settlement  of  certain  claims 

approved  by  the  attorney  general  .  1,289  30  — 

654b  For  the  cost  of  certain  repairs  for  shore 
protection  at  Winthrop,  to  be  in 
addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  17,000  00 


Total $20,239  30  $1,365  00 


Unclassified  Accounts  and  Claims. 

For  the  compensation  of  certain  public 
employees  for  injuries  sustained  in 
the  course  of  their  employment,  for 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  and  for  previous  years,  as 
provided  by  section  sixty-nine  of 
chapter  one  hundred  and  fifty-two 
of  the  General  Laws,  as  amended,  a 
sum  not  exceeding  thirty-five  thou- 
sand dollars  for  the  fiscal  year  nine- 
teen hundred  and  thirty-nine,  of 
which  sum  twenty  thousand  dollars 
may  be  charged  to  the  Highway 
Fund,  and  a  sum  not  exceeding 
twenty  thousand  dollars  for  the  fis- 
cal year  nineteen  hundred  and  forty, 
of  which  sum  eleven  thousand  dol- 
lars may  be  charged  to  the  Highway 
Fund,  both  sums  to  be  in  addition 
to  any  amounts  heretofore  appro- 
priated for  the  purpose  .  .  $35,000  00  $20,000  00 


Suffolk  County  Court  House. 

670a  For  reimbursing  the  city  of  Boston  for 
thirty  per  cent  of  the  cost  of  main- 
tenance of  the  Suffolk  County  Court 
House,  as  provided  by  and  subject 
to  the  conditions  of  section  six  of 
chapter  four  hundred  seventy-four 
of  the  acta  of  the  year  nineteen  hun- 


716  Acts,  1939.  —  Chap.  495. 


dred  thirty-five;  provided,  that  this 
appropriation  shall  not  be  construed 
as  fixing  the  specific  amount  for 
which  the  commonwealth  shall  be 
liable   on   account  of  said  mainte- 


Appropriation        Appropriation 

Fiscal  Year  Fiscal  Year 

1939.  1940. 


$111,000  00        $114,000  00 


Deficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items,  as  follows: 

Service  of  the  Judicial  Department. 

Superior  Court: 
For  reimbursing  certain  counties  for 
compensation  of  certain  special 
justices  for  services  in  holding  ses- 
sions of  district  courts  in  place  of  the 
justice,  while  sitting  in  the  superior 
court  ......  $63  36 

Service  of  the  Attorney  General's  Department. 

For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment      .  .  .  .  167  05 

Service  of  the  Department  of  Agriculture. 

Division  of  Plant  Pest  Control: 
For  personal  services         .  .  .  6,072  14 

Service  of  the  Department  of  Industrial  Accidents. 

For  other  8er\aces,  printing  the  annual 
report,  necessary  ofiice  supplies  and 
equipment  ....  199  00 


Total $6,501  55 

Metropolitan  District  Commission. 

The  following  items  are  to  be  as- 
sessed upon  the  several  districts 
in  accordance  with  the  methods 
fixed    by    law,    unless    otherwise 
provided,    and    to    be    expended 
under  the  direction  and  with  the 
approval  of  the  metropolitan  dis- 
trict commission: 
675     For  maintenance  of  parks  reservations, 
including  the  purchase  of  land  and 
the  retirement  of  soldiers  under  the 
provisions  of  the  General  Laws,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  $750  00 
685     For  the  maintenance  and  operation  of 
a  system  of  sewage  disposal  for  the 
north    metropolitan    sewerage   dis- 
trict,  including   retirement  of  sol- 
diers under  the   provisions  of  the 
General  Laws,  to  be  in  addition  to 
any   amount   heretofore    appropri- 
ated for  the  purpose      .          .          .  376  00 


Acts,  1939.  —  Chap.  496.  717 


ppropriation        Appropriatior 

fiscal  Year  Fiscal  Year 

1939.  1940. 


For  the  maintenance  and  operation  of 
a  system  of  sewage  disposal  for  the 
south  metropolitan  sewerage  dis- 
trict, including  retirement  of  soldiers 
under  the  provisions  of  the  General 
Laws,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  $375  00 

For  the  maintenance  and  operation  of 
the  metropolitan  water  system,  in- 
cluding retirement  of  soldiers  un- 
der the  provisions  of  the  General 
Laws,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for 
the  purpose  ....  750  00 


Total $2,250  00 

General  and  Highway  Funds     .  .        $908,205  95     $2,064,320  00 

Metropolitan  District  Commission      .  2,250  00  - 


Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  public  buildings  or  other 
improvements  at  state  institutions  until  plans  and  speci- 
fications have  been  approved  by  the  governor,  unless  other- 
wise provided  by  such  rules  and  regulations  as  the  governor 
may  make. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 
Approved  August  12,  1939. 

An  Act  relative  to  the  terms  of  certain  notes  to  be  pUnri  4Q6 

ISSUED    BY   THE   COMMONWEALTH.  ^' 

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

Be  it  enacted,  etc.,  as  follows: 

The  notes  which  the  state  treasurer  is  authorized  to  issue 
under  section  five  of  chapter  forty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  as  most  recently  amended  by 
section  two  of  chapter  two  hundred  and  eighty-eight  of  the 
acts  of  the  current  year,  shall  be  issued  for  maximum  terms 
of  years  to  expire  not  later  than  November  thirtieth,  nine- 
teen hundred  and  forty-five,  as  recommended  by  the  gov- 
ernor in  a  message  to  the  general  court,  dated  August  tenth, 
nineteen  hundred  and  thirty-nine,  in  pursuance  of  section 
three  of  Article  LXII  of  the  amendments  to  the  constitu- 
tion of  the  commonwealth.         Approved  August  12,  1939, 


718 


Acts,  1939.  —  Chaps.  497,  498. 


ChapA97  An  Act  providing  for  the  computation  of  "breaks" 

UNDER    THE    PARI-MUTUEL    SYSTEM    OF   WAGERING    ON    THE 
BASIS   OF   EACH    ONE    DOLLAR   WAGERED. 

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  immediate  preservation  of 
public  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  one  hundred  and  twenty-eight  A 
of  the  General  Laws,  as  appearing  in  section  three  of  chapter 
three  hundred  and  seventy-four  of  the  acts  of  nineteen  hun- 
dred and  thirty-four,  and  as  subsequently  amended,  is  hereby 
further  amended  by  striking  out  in  the  last  paragraph  the 
words  "otherwise  payable  to  a  patron  wagering"  and  in- 
serting in  place  thereof  the  words :  —  of  winnings  per  dollar 
wagered,  —  so  that  said  paragraph  will  read  as  follows :  — 

One  half  of  the  odd  cents  over  any  multiple  of  ten  cents  of 
winnings  per  dollar  wagered  shall  be  retained  by  the  Hcensee, 
and  one  half  shall  be  paid  to  the  commission,  on  the  day 
following  each  day  of  a  horse  or  dog  racing  meeting.  Such 
odd  cents  shall  in  this  chapter  be  called  the  "breaks". 

Approved  August  12,  1939. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  128A, 
§  5,  etc., 
amended. 


Computation 
of  "breaks" 
so  called. 


G.  L.  (Ter. 
Ed.),  31. 
§  3,  etc.. 
amended. 


C/iap. 498  An  Act  further  defining  the  powers  and  duties  of  the 

DIRECTOR  OF  CIVIL  SERVICE  AND   THE  CIVIL  SERVICE  COM- 
MISSION. 

prSwe?^  Whereas,  The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Said  chapter  thirty-one  is  hereby  further 
amended  by  striking  out  section  three,  as  most  recently 
amended  by  section  twelve  of  said  chapter  two  hundred 
and  thirty-eight,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  3.  The  commission  shall,  subject  to  the 
approval  of  the  governor  and  council,  from  time  to  time 
make  rules  and  regulations  which  shall  regulate  the  selec- 
tion of  persons  to  fill  appointive  positions  in  the  govern- 
ment of  the  commonwealth,  the  cities  thereof,  and  any  such 
towns  as  have  been  placed  under  its  jurisdiction  by  any  act 
of  the  general  court  or  by  accepting  provisions  of  this  chap- 
ter or  corresponding  provisions  of  earher  laws,  and  except 
as  otherwise  provided  in  section  forty-seven,  the  selection 
of  persons  to  be  employed  as  laborers  or  otherwise  in  the 
service  of  the  commonwealth  and  said  cities  and  towns. 
Such  rules  shall  be  of  general  or  limited  appUcation,  shall  be 
consistent  with  law,  and  shall  include  provisions  for  the 
following:  — 


Acts,  1939.  —  Chap.  498.  719 

(a)  The  classification  of  the  positions  and  employments 
to  be  filled  in  the  cities  and  towns  of  the  commonwealth 
subject  to  the  provisions  of  this  chapter; 

(6)  Open  competitive  and  other  examinations  to  test  the 
practical  fitness  of  applicants; 

(c)  The  selection  of  persons  for  public  positions  and  em- 
ployments in  accordance  with  the  results  of  such  examina- 
tions, or  in  the  order  of  application,  or  otherwise ; 

(d)  Promotions,  if  practicable,  on  the  basis  of  ascertained 
merit  in  the  examination  and  seniority  of  service; 

(e)  A  period  of  probation  before  an  appointment  or  em- 
ployment is  made  permanent; 

(/)  Preference  to  veterans  in  appointment  and  promo- 
tion, not  inconsistent  with  this  chapter; 

(g)  Preference  to  blind  persons  in  the  employment,  by 
any  state  department,  board  or  commission  in  the  office  or 
offices  of  which  dictating  machines  are  used,  of  typists  to 
take  dictation  solely  from  such  machines; 

{h)  Transfers  within  departments,  interdepartmental 
transfers,  and  transfers  from  one  classification  to  another, 
where  such  classifications  are  similar  in  character  and  equal 
in  compensation. 

No  rule  or  regulation  and  no  change  in  any  rule  or  regu- 
lation shall  be  submitted  for  approval  by  the  governor  and 
council  hereunder  until  after  a  pubHc  hearing  relative 
thereto  has  been  held  by  the  commission.  Not  later  than 
fifteen  days  before  such  hearing  the  commission  shall  send 
notice  thereof  to  each  member  of  the  general  court  and  to 
the  mayor  of  each  city  and  the  selectmen  of  each  town  to 
which  such  rule,  regulation  or  change  relates,  and  shall  also 
publish  the  same  in  one  or  more  newspapers. 

Section  2.     Said  chapter  thirty-one  is  hereby  further  g.  l.  (Ter. 
amended   by   striking   out   section   ten,    as   most   recently  f'^o.'eu'. 
amended  by  section  seventeen  of  said  chapter  two  hundred  amended." 
and  thirty-eight,  and  inserting  in  place  thereof  the  follow- 
ing:—  Section   10.      No   question   in   any   examination   or  scope  of 
application  shall  relate  to  poHtical  or  religious  opinions  or  examination. 
affiliations,  and  no  appointment  to  a  position  or  selection 
for  employment  shall  be  affected  by  them.     Examinations 
shall  be  conducted  under  the  direction  of  the  director,  who 
shall  determine  the  form,  method  and  subject  matter  thereof; 
provided,  that  they  shall  relate  to  matters  which  will  fairly 
test  the  fitness  of  the  applicants  actually  to  perform  the 
duties  of  the  positions  for  which  they  apply.    All  answers  of 
applicants  to  questions  in  examinations  relating  to  educa- 
tion,   training   and   experience   shall    be    made   under   the 
penalties  of  perjury.    The  director  shall  determine  the  scope 
and   weight   of   examinations;     provided,    that   oral   inter- 
views whenever  held  shall  not  have  a  weight    in  the  exami- 
nation. Approved  August  12,  1939. 


720 


Acts,  1939.  —  Chap.  499. 


G.  L.  (Ter. 
Ed.),  7,  §  33, 
amended. 


Biennial 
report. 


ChapA99  An  Act  making  certain  changes  in  the  general  laws 

RELATIVE  TO  THE  REPORTS  OF  STATE  OFFICIALS  WHICH 
HAVE  BECOME  NECESSARY  OR  ADVISABLE  BY  REASON  OF 
THE  INITIATIVE  AMENDMENT  TO  THE  CONSTITUTION  PRO- 
VIDING FOR  BIENNIAL  SESSIONS  OF  THE  GENERAL  COURT 
AND    FOR   A   BIENNIAL   BUDGET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  seven  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  thirty-three,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  33.  The  commission  shall 
on  or  before  the  second  Wednesday  in  January  in  each 
odd-numbered  year  submit  to  the  general  court  a  printed 
abstract  of  its  reports  for  the  two  preceding  fiscal  years, 
exhibiting  a  full  and  accurate  statement  of  the  financial 
condition  and  transactions  of  the  commonwealth  for  such 
years.  As  soon  as  may  be  after  the  second  Wednesday  in 
January  each  year  it  shall  deposit  with  the  state  secretary 
its  printed  annual  report  in  detail. 

Section  2.  Chapter  ten  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  eleven,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  11.  He  shall  in  each  odd-numbered 
year  as  soon  after  the  prorogation  of  the  general  court  as 
is  practicable  and  in  each  even-numbered  year  on  or  before 
October  first  thereof,  pubhsh  a  statement  showing  the 
assessments  for  interest,  sinking  fund  and  maintenance 
requirements  due  from  towns  in  the  metropohtan  sewerage 
systems,  north  and  south,  metropolitan  parks  and  water 
districts;  a  statement  showing  the  several  classes  of  debts 
incurred  for  metropolitan  district  purposes,  and  the  share 
of  the  towns  in  the  several  districts  as  measured  by  the 
basis  used  in  computing  the  assessments  mentioned  in  the 
first  statement;  and  such  other  statements,  if  any,  as  he 
may  deem  advisable.  The  expense  of  printing  shall  be 
apportioned  and  paid  in  equal  parts  from  the  maintenance 
funds  of  the  sewerage  systems,  north  and  south,  the  parks 
system  and  water  system. 

Section  3.  Section  eleven  of  chapter  twelve  of  the  Gen- 
eral Laws,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  fines  three  and  four,  the  words  "amendment  and 
the"  and  inserting  after  the  word  "laws"  in  the  fourth  fine 
the  words :  —  and  in  his  report  for  a  fiscal  year  ending  in 
an  even-numbered  year  shall  include  recommendations 
for  amendments  thereof,  —  and  by  striking  out,  in  the  fifth 
line,  the  word  "therein"  and  inserting  in  place  thereof  the 
words :  —  in  his  annual  report,  —  so  as  to  read  as  follows :  — 
Section  11.  He  shall  make  an  annual  report  showing  the 
number  of  cases  tried,  argued  or  conducted  by  him  during 
the  preceding  fiscal  year,  with  suggestions  and  recommenda- 
tions as  to  the  proper  and  economical  administration  of  the 


G.  L.  (Ter. 
Ed.),  10,  § 
amended. 


Publication 
of  certain 
statements 
relative  to 
metropolitan 
districts. 


G.  L.  (Ter. 
Ed.),  12.  I  11. 
amended. 


Attorney 
generalj 
report  of. 


Acts,  1939.  —  Chap.  499.  721 


laws  and  in  his  report  for  a  fiscal  year  ending  in  an  even- 
numbered  year  shall  include  recommendations  for  amend- 
ments thereof.  He  shall  include  in  his  annual  report  a  state- 
ment of  his  acts  under  section  nine,  with  suggestions  and 
recommendations  relative  thereto.  He  may,  with  the  ap- 
proval of  the  governor  and  council,  prepare  and  pubhsh 
such  reports  of  capital  trials  as  he  deems  expedient  for  pubHc 
use.  One  copy  shall  be  sent  to  each  public  and  law  library 
in  the  commonwealth,  and  the  balance  may  be  sold,  or  other- 
wise disposed  of,  at  the  discretion  of  the  state  secretary. 

Section  4.    Chapter  thirty  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  section  thirty-two,  as  appearing  in  amendTd.^  ^^' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following :  —  Section  32.     All   annual   reports   required   by  Annual  reports 
law  to  be  made  by  state  officers  and  departments  or  heads  officwl^and 
thereof  shall,  except  as  otherwise  expressly  provided,  cover  departments. 
the  preceding  fiscal  year,  shall  include  a  complete  list  of  all 
rules  and  regulations  made  or  promulgated  by  such  officers, 
departments  and  heads  thereof  and  in  force  and  effective 
upon  the  date  as  of  which  such  reports  are  made,  and,  except 
for  facts  or  information  specifically  required  by  law,  shall  be 
a  brief  summary  of  the  said  year's  work,  together  with  recom- 
mendations for  the  succeeding  fiscal  year.    All  such  reports 
shall,  except  as  otherwise  expressly  provided,  be  deposited 
with  the  state  secretary  between  the  end  of  the  fiscal  year 
for  which  they  are  made  and  the  second  Wednesday  in  the 
following  January,  and  in  each  odd-numbered  year  shall  be 
transmitted  by  him  to  the  general  court  on  or  before  the 
third  Wednesday  in  January. 

Section  4A.  Said  chapter  thirty  is  hereby  further  g.  l.  (Ter. 
amended  by  inserting  after  section  thirty-two,  as  amended  iw'tfd.'  ^  ^^^' 
by  section  one  of  this  act,  the  following  new  section :  —  Sec-  Rules,  etc. 
lion  32 A.  Every  rule  and  regulation  made  or  promulgated 
by  such  an  officer,  department  or  head  thereof  and  pur- 
portedly made  under  authority  of  law  and  included  in  the 
annual  report  as  required  by  section  thirty-two,  shall,  if  not 
inconsistent  with  law  and  not  rescinded  or  repealed  by  such 
officer  or  head  thereof  prior  to  the  convening  of  the  regular 
biennial  session  of  the  next  general  court  or  annulled  by 
such  general  court  prior  to  the  expiration  of  sixty  days  sub- 
sequent to  such  convening,  remain  in  full  force  and  effect 
until  so  rescinded  or  repealed.  For  the  purpose  of  this  and 
the  preceding  section,  any  change  or  alteration  in  such  a 
rule  or  regulation  shall  be  considered  as  a  new  rule  or 
regulation. 

Section  5.     Said  chapter  thirty  is  hereby  further  amended  Ed.x'  30,^§  33. 
by  striking  out  section  thirty-three,  as  so  appearing,  and  amended. 
inserting  in  place  thereof  the  following :  —  Section  33.     State  Recommenda- 
officers  and  departments  and  heads  thereof,  except  the  com-  m^ents^etc^'^'' 
mission  on  administration  and  finance,  may  include  in  an  suggesting" 
annual  report  made  by  them  for  a  fiscal  year  ending  in  an  ®^'^**'°"- 
even-numbered   year  recommendations   or  suggestions  for 
legislative  action,  other  than  requests  for  appropriations  or 


722  Acts,  1939.  —  Chap.  499. 

any  matters  required  to  be  covered  by  budget  estimates 
submitted  to  the  budget  commissioner  under  section  three 
or  four  of  chapter  twenty-nine.     Such  recommendations  or 
suggestions  shall  be  deposited  with  the  state  secretary  on 
or  before  the  first  Wednesday  in  December  next  after  the  end 
of  such  fiscal  year  and  shall  be  transmitted  by  him  to  the 
general  court  forthwith.     They  shall  be  accompanied  by 
drafts  of  bills  embodying  the  legislation  recommended  or 
suggested,  and  such  drafts  of  bills  shall,  seasonably  before 
being  deposited  with  the  state  secretary,  be  submitted  to  the 
counsel  to  the  senate  or  counsel  to  the  house  of  representa- 
tives for  advice  and  assistance  as  to  the  form  thereof. 
EdV'sJTssA       Section  6.     Section  thirty-three  A  of  said  chapter  thirty, 
amended.        '  as  SO  appearing,  is  hereby  amended  by  striking  out,  in  the 
second  line,  the  words  "to  the  general  court",  —  and  by 
striking  out,  in  the  sixth  line,  the  words  "such  reports"  and 
inserting  in  place  thereof  the  words :  —  any  such  report  made 
for  a  fiscal  year  ending  in  an  even-numbered  year,  —  so  as 
Special^  ^         to  read  as  follows:  —  Section  33 A.     If,  in  the  opinion  of  a 
egis  a  ion.        g^ate  officer  or  department  required  to  submit  annual  re- 
ports, the  necessity  of  enacting  special  bills  in  relation  to  any 
particular  subject  of  legislation  may,  without  detriment  to 
the  pubhc  interest,  be  avoided  in  whole  or  in  part  by  the 
enactment  of  general  legislation,  such  officer  or  department 
shall  submit  from  time  to  time  in  any  such  report  made  for  a 
fiscal  year  ending  in  an  even-numbered  year  recommendations 
for  such  changes  in  or  additions  to  the  General  Laws  as  will 
accomplish  said  purpose. 
Ed.\' 92r§  100,      Section  7.     Chapter  ninety-two  of  the  General  Laws  is 
amended.        '  hereby  amended  by  striking  out  section  one  hundred,  as  so 
appearing,  and  inserting  in  place  thereof  the  following :  — 
Reports  of ''"'^     Section  100.     The  commission  shall  keep  full,  accurate  and 
naetropoiitan      Separate  accounts  of  its  receipts,  expenditures,  assets  and 
^  "'^^^  liabilities  for  the  preceding  fiscal  year  and  shall,  in  the  month 

of  February,  submit  a  detailed  statement  thereof  and  of  its 
doings  for  the  calendar  year  next  preceding,  which  shall  be 
printed  as  its  annual  report  for  the  year.    On  or  before  the 
third  Wednesday  in  January  in  every  odd-numbered  year  it 
shall  report  to  the  general  court  an  abstract  of  said  accounts 
for  the  two  preceding  fiscal  years.    It  may  make  recommen- 
dations for  legislation  which  it  deems  desirable;   but  section 
thirty-three  of  chapter  thirty  shall  apply  to  such  recommen- 
dations whether  the  same  are  contained  in  such  detailed  report 
or  in  such  abstract. 
%d)' tIT\ 9,        Section  8.     Chapter  one  hundred  and  sixty-seven  of  the 
amended.'     '    General  Laws  is  hereby  amended  by  striking  out  section  nine, 
as  so  appearing,  and  inserting  in  place  thereof  the  following: 
^mmi?sioner     —  Sectiou  9.     The  commissioncr  shall  annually,  on  or  before 
of  banks.  March  fifteenth,  make  a  report  containing  a  statement  of  the 

condition  of  every  bank,  including  banks  in  the  hands  of  the 
commissioner^  together  with  such  other  information  relative 
to  the  affairs  of  the  said  banks  as,  in  his  opinion,  the  public 
interest  may  require.    He  shall  also,  on  or  before  the  third 


Acts,  1939.  —  Chap.  500.  723 

Wednesday  in  January  in  each  odd-numbered  year,  commu- 
nicate to  the  general  court  an  abstract  of  his  report  for  the 
two  preceding  fiscal  years  and  such  suggestions  as  he  con- 
siders expedient  relative  to  the  general  conduct  and  condi- 
tion of  banks. 

Section  9.     Wherever  any  provision  of  general  or  special  o"  c^eTtlln**'"" 
law  in  effect  immediately  prior  to  the  effective  date  of  this  provisions. 
act  requires  any  officer,  board  or  official  of  the  commonwealth 
to  make  an  annual  report  to  the  general  court  such  provision 
shall  be  construed  as  requiring  said  report  to  be  filed  annu- 
ally with  the  state  secretary.        Approved  August  12,  1939. 

An  Act  eelative  to  the  care  of  the  mentally  diseased  (7/^(jr>  500 

AND  THE  WORK  OF  THE  DEPARTMENT  OF  MENTAL  HEALTH.        ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  sixteen  of  chapter  one  hundred  and  EdV'i23'" 
twenty-three  of  the  General  Laws,  as  amended  by  section  §  le,'  etc.,' 
nine  of  chapter  four  hundred  and  eighty-six  of  the  acts  of  ^''^'"^'^^'^■ 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out,  in  the  eighth  and  ninth  fines,  the  words 
"four  dollars  and  fifty  cents"  and  inserting  in  place  thereof 
the  words :  —  six  dollars,  —  and  by  adding  at  the  end  the 
following  new  sentence :  —  The  department  shall  have  the 
same  authority  in  the  case  of  patients  directly  committed 
to  it,  —  so  as  to  read  as  follows:  —  Section  16.    The  super-  Boarding  out 
intendent  of  each  state  hospital  may  place  at  board  in  a  sonsf  regukted 
suitable  family  or  in  a  place  in  this  commonwealth  or  else- 
where any  patient  in  such  hospital  who  is  in  the  charge  of 
the  department  and  is  quiet  and  not  dangerous  nor  com- 
mitted as  a  dipsomaniac  or  inebriate,  nor  addicted  to  the 
intemperate  use  of  narcotics  or  stimulants.    The  cost  to  the 
commonwealth  of  the  board  of  such  patients  supported  at 
the  public  expense  shall  not  exceed  six  doUars  a  week  for 
each  patient.    The  department  shall  have  the  same  authority 
in  the  case  of  patients  directly  committed  to  it. 

Section  2.    Section  forty-three  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  twenty-three,  as  appearing  in  the  Tercentenary  f^^lil^l'  *  '*^' 
Edition,  is  hereby  repealed. 

Section  3.    Nothing  in  this  act  shall  be  deemed  to  termi-  Temporary 
nate  the  employment  or  the  term  of  office  of  the  superin-  p''°'"^'°°^- 
tendent  and  the  assistant  physicians  at  the  Westborough 
state  hospital,  or  any  of  them,  in  office  immediately  prior  to 
the  taking  effect  of  this  act. 

Section  4.    Section  fifty-six  of  said  chapter  one  hundred  G-  l.  (Ter. 
and  twenty-three,  as  so  appearing,  is  hereby  repealed.  feplkud.'  ^  ^^' 

Section  5.    Said  chapter  one  hundred  and  twenty-three  g.  l.  (Ter. 
is  hereby  further  amended  by  striking  out  section  seventy-  Yi^lltl', 
seven,  as  amended  by  section  five  of  chapter  three  hundred  amended* 
and  fourteen  of  the  acts  of  nineteen  hundred  and  thirty-five, 
and  inserting  in  place  thereof  the  following :  —  Section  77.  observation. 
If  a  person  is  found  by  two  physicians  qualified  as  provided  ^°^''^*'"«''*' 
in  section  fifty-three  to  be  in  such  mental  condition  that  his  Proceedings. 


724 


Acts,  1939.  — Chap.  500. 


G.  L.  (Ter. 
Ed.),  123,  §  66, 
amended. 


Commitment 
to  schools. 


G.  L.  (Ter. 
Ed.),  123, 
§  79,  etc., 
amended. 


Temporary 
care  of  in- 
sane prisoners. 


commitment  to  an  institution  for  the  insane  is  necessary  for 
his  proper  care  or  observation,  he  may  be  committed  by  any 
judge  mentioned  in  section  fifty,  to  a  state  hospital,  to  the 
McLean  hospital,  or,  in  case  such  person  is  efigible  for 
admission,  to  an  institution  estabhshed  and  maintained  by 
the  United  States  government,  the  person  having  charge  of 
which  is  licensed  under  section  thirty-four  A,  for  a  period  of 
forty  days  pending  the  determination  of  his  insanity.  Within 
thirty  days  after  such  commitment  the  superintendent  of 
the  institution  to  which  the  person  has  been  committed  shall 
discharge  him  if  he  is  not  insane,  and  shall  notify  the  judge 
who  committed  him,  or,  if  he  is  insane  he  shall  report  the 
patient's  mental  condition  to  the  judge,  with  the  recom- 
mendation that  he  shall  be  committed  as  an  insane  person, 
or  discharged  to  the  care  of  his  guardian,  relatives  or  friends 
if  he  is  harmless  and  can  properly  be  cared  for  by  them. 
Within  the  said  forty  days  the  committing  judge  may  author- 
ize a  discharge  as  aforesaid,  or  he  may  commit  the  patient  to 
any  institution  for  the  insane  as  an  insane  person  if,  in  his 
opinion,  such  commitment  is  necessary.  If,  in  the  opinion 
of  the  judge,  additional  medical  testimony  as  to  the  mental 
condition  of  the  alleged  insane  person  is  desirable,  he  may 
appoint  a  physician  to  examine  and  report  thereon. 

In  case  of  the  death,  resignation  or  removal  of  the  judge 
committing  a  person  for  observation,  his  successor  in  office, 
or,  in  case  of  the  absence  or  disabihty  of  the  judge  commit- 
ting a  person  as  aforesaid,  any  judge  or  special  justice  of  the 
same  court,  shall  receive  the  notice  or  report  provided  for 
by  this  section  and  carry  out  any  subsequent  proceedings 
hereunder. 

Section  6.  Section  sixty-six  of  said  chapter  one  hundred 
and  twenty-three,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  adding  at  the  end  the  following  new 
paragraph:  — 

If  a  feeble-minded  person  is  committed  to  such  a  school, 
the  department  shall  thereafter  have  power,  whenever  ad- 
visable, to  transfer  him  to  the  custody  or  supervision  of  the 
department;  and  thereafter  the  provisions  of  section  sixty- 
six  A,  relative  to  removal,  temporary  release  and  discharge 
of  feeble-minded  persons,  shall  apply  to  such  person. 

Section  7.  Said  chapter  one  hundred  and  twenty-three 
is  hereby  further  amended  by  striking  out  section  seventy- 
nine,  as  amended  by  section  seven  of  said  chapter  three 
hundred  and  fourteen,  and  inserting  in  place  thereof  the 
following:  —  Section  79.  The  superintendent  or  manager 
of  any  institution  for  the  insane  may,  when  requested  by  a 
physician,  member  of  the  board  of  health,  sheriff,  deputy 
sheriff,  member  of  the  state  pohce,  selectman,  poHce  officer 
of  a  town,  or  by  an  agent  of  the  institutions  department  of 
Boston,  receive  and  care  for  in  such  institution  as  a  patient, 
for  a  period  not  exceeding  ten  days,  any  person  deemed  by 
such  superintendent  or  manager  to  be  in  need  of  immediate 
care  and  treatment  because  of  mental  derangement  other 


Acts,  1939.  —  Chap.  500.  725 

than  drunkenness.  Such  request  for  admission  of  a  patient 
shall  be  put  in  writing  and  be  filed  at  the  institution  at  the 
time  of  his  reception,  or  within  twenty-four  hours  there- 
after, together  with  a  statement  in  a  form  prescribed  or 
approved  by  the  department,  giving  such  information  as  it 
deems  appropriate.  Any  such  patient  deemed  by  the  super- 
intendent or  manager  not  suitable  for  such  care  shall,  upon 
the  request  of  the  superintendent  or  manager,  be  removed 
forthwith  from  the  institution  by  the  person  requesting  his 
reception,  and,  if  he  is  not  so  removed,  such  person  shall  be 
Hable  to  the  commonwealth  or  to  the  person  maintaining  the 
private  institution,  as  the  case  may  be,  for  all  reasonable 
expenses  incurred  under  this  section  on  account  of  the  pa- 
tient, which  may  be  recovered  in  contract  by  the  state  treas- 
urer or  by  such  person,  as  the  case  may  be.  The  superin- 
tendent or  manager  shall  either  cause  every  such  patient  to 
be  examined  by  two  physicians,  quahfied  as  provided  in  sec- 
tion fifty-three,  and  cause  appHcation  to  be  made  for  his 
admission  or  commitment  to  such  institution,  or  cause  him 
to  be  removed  therefrom  before  the  expiration  of  said  period 
of  ten  days,  unless  he  signs  a  request  to  remain  therein  under 
section  eighty-six.  Reasonable  expenses  incurred  for  the 
examination  of  the  patient  and  his  transportation  to  the 
institution  shall  be  allowed,  certified  and  paid  as  provided 
by  section  seventy-four. 

Section  8.     Section  eighty  of  said  chapter  one  hundred  ^j^j^Jg^^'igo. 
and  twenty-three,  as  appearing  in  the  Tercentenary  Edition,  ameAded.' 
is  hereby  amended  by  striking  out,  in  the  eighth  line,  the 
word  "needing"  and  inserting  in  place  thereof  the  follow- 
ing :  —  deemed  by  such  superintendent  or  manager  to  be  in 
need  of,  —  so   as  to  read   as  follows :  —  Section  80.     The  Temporary 
superintendent  or  manager  of  any  institution  to  which  com-  g^M  addfJted 
mitments  may  be  made  under  section  sixty-two,  may,  when  Jj°^"^^^®^i°^g  ^^^ 
requested  by  a  physician,  by  a  member  of  the  board  of  health  ^^^'^° 
or  a  police  officer  of  a  town,  by  an  agent  of  the  institutions 
department  of  Boston,  by  a  member  of  the  state  police,  or 
by  the  wife,  husband,  guardian  or,  in  the  case  of  an  unmarried 
person  having  no  guardian,  by  the  next  of  kin,  receive  and 
care  for  in  such  institution,  as  a  patient  for  a  period  not  ex- 
ceeding fifteen  daj^s,  any  person  deemed  by  such  superin- 
tendent or  manager  to  be  in  need  of  immediate  care  and 
treatment  because  he  has  become  so  addicted  to  the  intemper- 
ate use  of  narcotics  or  stimulants  that  he  has  lost  the  power 
of  self-control.    Such  request  for  the  admission  of  a  patient 
shall  be  made  in  writing  and  filed  at  the  institution  at  the 
time  of  his  reception,  or  within  twenty-four  hours  thereafter, 
together  with  a  statement,  in  a  form  prescribed  by  the  de- 
partment having  supervision  of  the  institution,  giving  such 
information  as  it  deems  appropriate.    The  trustees,  superin- 
tendent or  manager  of  such  institutions  shall  cause  to  be 
kept  a  record,  in  such  form  as  the  department  having  super- 
vision of  the  institution  requires  of  each  case  treated  therein, 
which  shall  at  all  times  be  open  to  the  inspection  of  such 


726 


Acts,  1939. —  Chap.  500. 


G.  L.  (Ter. 
Ed.),  123,  § 
amended. 


Places  of 
temporary 
care,  regidated. 


G.  L.  (Ter. 
Ed.),  123. 
§  86,  etc., 
amended. 


Voluntary 
admissions. 


department  and  its  agents.  Such  record  shall  not  be  a  public 
record,  nor  shall  the  same  be  received  as  evidence  in  any 
legal  proceeding.  The  superintendent  or  manager  of  such 
an  institution  shall  not  detain  any  person  received  as  above 
for  more  than  fifteen  days,  unless,  before  the  expiration  of 
that  period,  such  person  has  been  committed  under  section 
sixty-two,  or  has  signed  a  request  to  remain  at  said  institution 
under  section  eighty-six. 

Section  9.  Section  eighty-two  of  said  chapter  one  hun- 
dred and  twenty-three,  as  so  appearing,  is  hereby  amended 
by  striking  out,  in  the  second  line,  the  words  "delirium  tre- 
mens and",  —  so  as  to  read  as  follows:  —  Section  82.  No 
person  suffering  from  insanity,  mental  derangement,  deliri- 
ums, or  mental  confusion,  except  drunkenness,  shall,  except 
in  case  of  emergency,  be  placed  or  detained  in  a  lockup,  police 
station,  city  prison,  house  of  detention,  jail  or  other  penal 
institution  or  place  for  the  detention  of  criminals.  If,  in  case 
of  emergency,  any  such  person  is  so  placed  or  detained,  he 
shall  forthwith  be  examined  by  a  physician  and  shall  be  fur- 
nished suitable  medical  care  and  nursing  and  shall  not  be  so 
detained  for  more  than  twelve  hours.  Any  such  person  not 
so  placed  or  detained  who  is  arrested  by  or  comes  under  the 
care  or  protection  of  the  pohce,  and  any  other  such  person 
who  is  in  need  of  immediate  care  and  treatment  which  can- 
not be  provided  without  pubHc  expense,  shall  be  cared  for 
by  the  board  of  health  of  the  town  where  such  person  may 
be.  Such  board  of  health  shall  cause  such  person  to  be  ex- 
amined by  a  physician  as  soon  as  possible,  shall  furnish  him 
with  suitable  medical  care  and  nursing,  and  shall  cause  him 
to  be  duly  admitted  or  committed  to  an  institution,  unless 
prior  to  such  admission  or  commitment  he  shall  recover  or 
be  suitably  provided  for  by  his  relatives  or  friends.  Reason- 
able expenses  for  board,  lodging,  medical  care,  nursing,  cloth- 
ing and  all  other  necessary  expenses  incurred  by  the  board  of 
health,  under  this  section,  shall  be  allowed,  certified  and  paid 
in  the  same  manner  as  provided  by  section  seventy-four. 

Section  10.  Said  chapter  one  hundred  and  twenty-three 
is  hereby  further  amended  by  striking  out  section  eighty-six, 
as  amended  by  section  eight  of  said  chapter  three  hundred 
and  fourteen,  and  inserting  in  place  thereof  the  following:  — 
Section  86.  The  trustees,  superintendent  or  manager  of  any 
institution  to  which  an  insane  person,  a  dipsomaniac,  an 
inebriate,  or  one  addicted  to  the  intemperate  use  of  narcotics 
or  stimulants,  may  be  committed  may  receive  and  detain 
therein  as  a  boarder  and  patient  any  person  who  is  desirous 
of  submitting  himself  to  treatment,  and  who  makes  written 
appHcation  therefor  and  is  mentally  competent  to  make  the 
application;  and  any  such  person  who  desires  so  to  submit 
himself  for  treatment  may  make  such  written  apphcation. 
Except  as  otherwise  hereinafter  provided,  no  such  person 
shall  be  detained  more  than  three  days  after  having  given 
written  notice  of  his  intention  or  desire  to  leave  the  institu- 
tion; provided,  that  if  his  condition  is  deemed  by  the  tnis- 


Acts,  1939.  —  Chap.  500.  727 

tees,  superintendent  or  manager  to  be  such  that  further 
hospital  care  is  necessary  and  that  he  is  no  longer  mentally- 
competent  to  be  detained  therein  as  a  voluntary  patient,  or 
that  he  could  not  be  discharged  from  such  institution  with 
safety  to  himself  and  to  others,  said  superintendent  or  man- 
ager shall  forthwith  cause  appHcation  to  be  made  for  his  com- 
mitment to  an  institution  for  the  insane,  and,  during  the  pend- 
ency of  such  application,  may  detain  him  under  the  written 
application  hereinbefore  referred  to. 

Section  11.     Section  eighty-seven  of  said  chapter  one  g.  l.  (Ter. 
hundred    and    twenty-three,    as    so    appearing,    is    hereby  amended.'  ^  ^^* 
amended  by  striking  out,  in  the  eighth  hne,  the  words  "three 
months"  and  inserting  in  place  thereof  the  words:  —  ten 
days,  —  so  as  to  read  as  follows :  —  Section  87.     The  trus-  Monson  state 
tees  of  the  Monson  state  hospital  may  receive  and  detain  mission  to.'^" 
therein  as  a  patient  any  person  who  is  certified  to  be  subject 
to  epilepsy  by  a  physician  qualified  as  provided  in  section 
fifty-three,  and  who  desires  to  submit  himself  to  treatment 
and  makes  written  application  therefor,  and  whose  age  and 
mental  condition  are  such  as  to  render  him  competent  to 
make  such  appHcation,  or  for  whom  appHcation  is  made  by 
a  parent  or  guardian.    No  such  patient  shall  be  detained  more 
than  ten  days  after  having  given  written  notice  of  his  inten- 
tion or  desire  to  leave  the  hospital.    Upon  the  patient's  re- 
ception at  the  hospital,  the  superintendent  shah  report  the 
particulars  of  the  case  to  the  department,  which  may  investi- 
gate the  same. 

Section  12.      Said    chapter   one   hundred   and   twenty-  g.  l.  (Ter. 
three  is  hereby  further  amended  by  striking  out  section  ^mendfl.'  ^  ^^' 
thirty-six,  as  so  appearing,  and  inserting  in  place  thereof 
the  following :  —  Section  36.     The  superintendent  or  head  Custody  of 
physician  of  each  institution  shall  cause  all  implements  or  ""^  '^"^'^  ^' 
devices  of  restraint  to  be  kept  under  lock  and  key  when  not 
in  actual  use. 

Section  13.     Section  forty  of  said  chapter  one  hundred  Edo.' m^"^!  4o, 
and  twenty-three,  as  so  appearing,  is  hereby  amended  by  ameAded.' 
adding  at  the  end  the  following  new  sentence :  —  Locked 
doors  on  buildings  housing  patients  in  institutions  under  the 
jurisdiction  of  the  department  shall  not  be  construed  as 
constituting  an  obstruction  of  egress  within  the  meaning  of 
any  section  of  chapter  one  hundred  and  forty-three,  —  so  as 
to  read  as  follows :  —  Section  40.    Each  institution  shall  be  Fi^e  appa- 
provided  with  proper  means  of  escape  from  fire  and  suitable  ^^  "'''  ^  °' 
apparatus  for  the  extinguishment  of  fire,  and  no  building 
shah  be  erected  or  maintained  at  such  institution  without  a 
written  certificate  of  approval  from  the  building  inspector 
of  the  department  of  public  safety  for  the  district  in  which 
it  is  to  be  erected  or  maintained.    Locked  doors  on  buildings 
housing  patients  in  institutions  under  the  jurisdiction  of  the 
department  shall  not  be  construed  as  constituting  an  ob- 
struction of  egress  within  the  meaning  of  any  section  of 
chapter  one  hundred  and  forty-three. 

Approved  August  12,  1939. 


728 


Acts,  1939.  —  Chap.  501. 


Chap. 501  An  Act  making  certain  amendments  and  additions  to 

THE  GENERAL  LAWS  RELATIVE  TO  COUNTY  FINANCES  WHICH 
HAVE  BECOME  NECESSARY  OR  ADVISABLE  BY  REASON  OF  THE 
INITIATIVE  AMENDMENT  TO  THE  CONSTITUTION  PROVIDING 
FOR  BIENNIAL  SESSIONS  OF  THE  GENERAL  COURT  AND  FOR 
A    BIENNIAL    BUDGET. 


G.  L.  (Ter 
Ed.),  35, 
§  28,  etc., 
amended. 


Estimates 
of  county 
expenses,  etc. 


G.  L.  (Ter. 
Ed.),  35.  §  29, 
amended. 


Expenditures 
authorized  by 
general  court. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-five  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twenty-eight,  as 
most  recently  amended  by  section  two  of  chapter  two  hun- 
dred and  ninety-one  of  the  acts  of  nineteen  hundred  and 
thirty-four,  and  inserting  in  place  thereof  the  following:  — 
Section  28.  The  county  commissioners  shall  in  each  even- 
numbered  year  prepare  separate  estimates  of  county  receipts 
and  expenditures  for  each  of  the  next  two  ensuing  years,  in 
the  form  prescribed  by  the  director  of  accounts  and  upon 
blanks  by  him  furnished,  including  estimates  for  construc- 
tion and  repair  of  county  buildings  and  for  effecting  insur- 
ance providing  indemnity  for  or  protection  to  the  officers 
and  employees  of  the  county  against  loss  by  reason  of  their 
liabiUty  to  pay  damages  to  others  for  bodily  injuries,  includ- 
ing death  at  any  time  resulting  therefrom,  or  for  damage  to 
property,  caused  by  the  operation,  within  the  scope  of  their 
official  duties  or  employment,  of  motor  or  other  vehicles 
owned  by  the  county,  to  an  amount  not  exceeding  five  thou- 
sand dollars  on  account  of  injury  to  or  death  of  one  person, 
and  not  exceeding  one  thousand  dollars  on  account  of  dam- 
age to  property,  or  for  providing  indemnity  or  protection  as 
aforesaid  without  insurance,  with  a  statement  of  the  corre- 
sponding appropriations  for  the  two  preceding  years,  and 
expenditures  for  each  of  the  four  preceding  years,  explaining 
any  difference  between  the  amount  of  any  such  estimate 
and  the  latest  appropriation  for  the  same  purpose,  and  citing 
the  laws  relating  thereto.  The  clerk  of  the  commissioners 
shall  record  the  foregoing  in  a  book  kept  therefor,  and,  on  or 
before  January  twentieth  in  the  following  year,  shall  send  a 
copy  thereof,  by  him  attested  and  signed  by  the  chairman, 
to  the  said  director,  who  shall  analyze  and  classify  said 
estimates,  and  report  the  same  to  the  general  court  not  later 
than  February  tenth  next  following.  The  director  shall 
upon  their  request  send  a  copy  of  said  report  to  the  mayor  of 
each  city  and  the  selectmen  of  each  town  in  the  common- 
wealth. 

Section  2.  Chapter  thirty-five  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twenty-nine,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following:  —  Section  29.  The  expenditure 
of  money  by  the  several  counties  in  each  year  shall  be  in 
accordance  with  the  appropriations  of  the  general  court  for 
such  year,  which  shall  specify  as  separate  appropriations  the 
several  items  of  expenditure,  as  prescribed  by  the  director  of 


Acts,  1939.  — Chap.  501.  729 

accounts.  At  the  closing  of  the  county  treasurer's  books  on 
January  tenth,  the  balance  to  the  credit  of  each  appropria- 
tion for  the  preceding  year  shall  become  a  part  of  the  general 
unappropriated  balance  in  the  county  treasury;  but  no 
special  appropriation  shall  lapse  until  the  work  for  which  it 
was  made  has  been  completed,  the  bills  paid  and  the  account 
closed. 

Section  3.     Chapter  thirty-five  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  thirty,  as  so  appear-  amenle^ci  ^  ^^' 
ing,  and  inserting  in  place  thereof  the  following:  —  Section  SO.  Amount  of 
The  amount  which  the  county  commissioners  of  each  county,  county  tax 
except  Suffolk  and  Nantucket,  shall  levy  as  the  county  tax  '"^s"'*''^^^- 
in  each  odd-numbered  year  shall  be  as  authorized  in  such 
year  by  the  general  court.    The  amount  which  the  county 
commissioners  of  each  such  county  shall  levy  in  each  even- 
numbered  year  shall  be  such  sum  as  is  certified  to  the  county 
commissioners  thereof  on  or  before  April  first  in  said  year 
by  the  director  of  accounts.     In  so  certifying  said  director 
shall  set  forth,  (1)  the  amount  of  the  net  unappropriated 
cash  balance  in  the  treasury  of  such  county  as  of  January 
first  of  said  even-numbered  year,  (2)  the  amount  of  the  esti- 
mated receipts  of  such  county  for  said  year,  and  (3)  a  sum 
which  shall  constitute  the  county  tax  and  which  shall  be  the 
difference  between  the  sum  of  the  two  foregoing  items  and 
the  total  amount  appropriated  by  the  general  court  for  the 
authorized  expenditures  of  such  county  for  said  year. 

Section  4.     Section  thirty-four  of  chapter  thirty-five  of  g.  l.  (Xer. 
the  General  Laws,  as  amended  by  chapter  thirty-six  of  the  ftc'.! 'amended, 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out  the  words  "After  December  thirty- 
first"  in  the  first  line  and  inserting  in  place  thereof  the 
words :  —  On  and  after  January  first  in  each  odd-numbered 
year,  —  so  as  to  read  as  follows:  —  Section  34.     On  and  Payments 
after  January  first  in  each  odd-numbered  year  and  before  pToprraled' 
the  regular  appropriations  have  been  made  by  the  general  balances. 
court,  the  county  commissioners  and  other  officers  author- 
ized to  incur  liabilities  payable  by  the  county  may  incur 
liabiHty  for  general  maintenance  and  operation  of  regular 
county  activities  at  a  rate  of  expenditure  which  does  not 
exceed  in  any  month  the  sum  spent  for  a  similar  purpose  in 
any  one  month  in  the  preceding  year;    provided,  that  said 
commissioners  or  officers  may  expend  in  any  one  month  for 
any  office  or  board  created  by  law  an  amount  not  exceeding 
one  twelfth  of  the  estimated  cost  for  said  year  for  said  office 
or  board.    Payments  therefor  may  be  made  from  any  avail- 
able funds  in  the  county  treasury,  to  be  charged  to  the 
regular  appropriation  when  made.     No  new  or  unusual  ex- 
pense shall  be  incurred,  or  permanent  contract  made,  or 
salary  increased,  until  an  appropriation  sufficient  therefor 
has  been  made  by  the  general  court. 

Section  5.    Section  thirty-six  A  of  chapter  thirty-five  of  ^'j^^J^joe^ 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  amended. 
is  hereby  amended  by  striking  out,  in  the  thirteenth  line, 


730 


Acts,  1939. —  Chap.  502. 


Emergency 
loans. 


G.  L.  (Ter. 
Ed.),  74,  §  28, 
amended. 


Maintenance 
of  county 
agricultural 
schools. 


the  words  "within  one  year"  and  inserting  in  place  thereof 
the  following :  —  at  such  times  as  shall  be  determined  by- 
said  board  but  not  to  exceed  two  years,  —  so  as  to  read  as 
follows :  —  Section  36 A .  For  the  purpose  of  providing  funds 
for  the  repair  or  reconstruction  of  any  building,  plant, 
structure  or  equipment  of  any  county  institution  damaged 
or  destroyed  by  fire  or  other  catastrophe,  or  of  any  county 
building  or  other  structure  so  damaged  or  destroyed,  when- 
ever such  repair  or  reconstruction  is  necessary  to  prevent  a 
discontinuance  of  the  work  or  service  conducted  by  such 
institution  or  inconvenience  to  the  public,  or  for  the  purpose 
of  providing  funds  for  meeting  any  other  emergency  in  the 
administration  of  the  affairs  of  a  county,  the  county  com- 
missioners, with  the  approval  of  a  board  composed  of  the 
attorney  general,  the  state  treasurer  and  the  director  of 
accounts,  may,  and  in  case  of  repairs  or  reconstruction  at  a 
county  institution  under  the  supervision  of  a  board  of 
trustees,  at  the  request  of  said  trustees,  shall  issue  notes  of 
the  county  maturing  at  such  times  as  shall  be  determined 
by  said  board  but  not  to  exceed  two  years  from  their  respec- 
tive dates.  Said  notes  shall  be  signed  by  the  treasurer  and 
countersigned  by  a  majority  of  the  commissioners  and  may 
be  sold  at  such  discount  as  the  commissioners  may  deem 
proper,  the  discount  to  be  treated  as  interest  paid  in  advance. 
The  proceeds  thereof  shall  be  paid  into  the  county  treasury 
and  shall  be  expended  by  the  county  commissioners  in  pay- 
ment of  bills  contracted  for  the  purposes  of  said  repairs  or 
reconstruction  or  to  meet  such  emergency;  provided,  that 
in  case  of  such  repairs  or  reconstruction  at  a  county  institu- 
tion under  the  supervision  of  a  board  of  trustees,  said  pro- 
ceeds shall  be  expended  in  payment  of  bills  so  contracted  by 
said  trustees. 

Section  6.  Section  twenty-eight  of  chapter  seventy-four 
of  the  General  Laws,  as  so  appearing,  is  hereby  amended  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  —  Section  28.  On  or  before  December  fifteenth  in 
each  even-numbered  year  the  trustees  of  the  schools  men- 
tioned in  section  twenty-five  shall,  in  consultation  with  and 
with  the  approval  of  the  commissioner,  prepare  estimates  of 
the  amounts  necessary  to  equip  and  maintain  their  respective 
schools  for  each  of  the  next  two  ensuing  years.  The  amounts 
of  such  estimates  shall  be  included  by  the  respective  county 
commissioners  in  the  estimates  required  by  section  twenty- 
eight  of  chapter  thirty-five.        Ay-proved  August  12,  1939. 


Chap.d02  An   Act   making   certain    state   fiscal   requirements 

BIENNIAL   INSTEAD    OF   ANNUAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  twenty-nine  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  at  the  end  the  following  para- 
graph:— 


G.  L.  (Ter. 
Ed.),  29.  §  1, 
amended. 


Acts,  1939.  —  Chap.  502.  731 

The  word  "biennium",  as  used  in  this  chapter,  shall,  Biennium. 
unless  the  context  otherwise  requires,  mean  a  period  of  two 
consecutive  fiscal  years  beginning  December  first  in  an  even- 
numbered  year. 

Section  2.     Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  three,  as  so  appearing,  and  fme^^lg^d.^  ^' 
inserting  in  place  thereof  the  following:  —  Section  3.     Every  Estimates  of 
officer  having  charge  of  any  office,  department  or  undertak-  ^"1°^^"*^^^  ^ 
ing  which  receives  a  periodic  appropriation  from  the  com-  ordhlary  ^"^ 
mon wealth,  including  periodic  appropriations  to  be  met  by  maintenance, 
assessments,  shall,  in  each  even-numbered  year,  on  or  before 
September  fifteenth,   submit  to  the  budget  commissioner 
statements  showing  in  detail  the  amounts  appropriated  for 
the  preceding  and  the  current  fiscal  years,  and  estimates  of 
the  amounts  required  for  ordinary  maintenance  for  each  of 
the  two  next  ensuing  fiscal  years,  with  an  explanation  of  any 
increased  appropriations  recommended,  and  with  citations 
of  the  statutes  relating  thereto,  and  statements  showing  in 
detail  the  revenue  of  the  office,  department  or  undertaking 
in  his  charge  for  the  last  completed  fiscal  j^ear,  and  the  reve- 
nue and  estimated  revenue  thereof  for  the  current  fiscal 
year,  and  his  estimate  of  the  revenue  from  the  same  or  any 
additional  sources  for  each  of  the  next  two  ensuing  fiscal 
years,  with  his  recommendation  as  to  any  changes  in  the 
management,  practices,  rules,  regulations  or  laws  governing 
the  office,  department  or  undertaking  in  his  charge  which 
would  effect  an  increase  or  cause  a  decrease  in  revenue  from 
operations,  fees,  taxes  or  other  sources,  or  which  would  facili- 
tate its  collection,  together  with  any  other  information  re- 
quired at  any  time  by  the  budget  commissioner.    The  said 
estimates  shall  not  include  any  estimate  for  any  new  or 
special  purposes  or  objects  not  authorized  by  statute. 

Section  3.     Section  four  of  said  chapter  twenty-nine,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  striking  out,  in  the  sixth  Amended.*  '*' 
line,  the  words  "annuallj',  on  or  before  October"  and  insert- 
ing in  place  thereof  the  words :  —  ,  in  each  even-numbered 
year,  on  or  before  September,  —  so  as  to  read  as  follows :  — 
Section  4-     Officers  and  heads  of  departments  who,  in  their  Estimates  for 
annual  reports  or  otherwise,  recommend  or  petition  for  the  pu'jposes. 
expenditure  of  money  by  the  commonwealth  from  any  source 
of  revenue,  including  expenditures  to  be  met  by  assessments 
or  the  issue  of  notes  or  bonds,  for  any  purpose  not  covered 
by  the  estimates  required  to  be  submitted  under  the  pre- 
ceding section  shall,  in  each  even-numbered  year,   on  or 
before  September  fifteenth,  submit  detailed  estimates  thereof 
to  the  budget  commissioner,  together  with  any  other  infor- 
mation required  by  him. 

Section  4.     Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  five,  as  so  appearing,  and  ^mend^e^d.^  ^' 
inserting  in  place  thereof  the  following :  —  Section  5.     The  Annual  state- 
comptroller  shall  annually,  on  or  before  December  twenty-  }?}g5*^j\^''® 
sixth,  submit  to  the  budget  commissioner  statements  setting  budgrt  . 

forth  * commissioner. 


732 


Acts,  1939. —  Chap.  502. 


G.  L.  (Ter. 
Ed.),  29,  §  5 A, 
amended. 


Forecasts 
of  probable 
construction 
expenditures. 


G.  L.  (Ter. 
Ed.),  29,  §  6, 
etc.,  amended. 


Budget. 


(a)  The  expenditures  for  all  state  purposes  for  the  pre- 
ceding fiscal  year,  itemized  separately  so  as  to  show  expendi- 
tures made  from  grants  from  the  United  States,  trust  funds 
and  sources  other  than  state  revenue. 

(b)  The  appropriations  for  the  preceding  fiscal  year. 

(c)  The  actual  revenue  for  the  three  preceding  fiscal  years, 
itemized  so  as  to  show  the  sources  from  which  received. 

(d)  The  condition  of  the  cash  on  hand,  itemized  separately 
so  as  to  show  cash  derived  from  special  revenue  not  available 
for  general  state  purposes,  cash  held  to  meet  authorizations 
and  obligations  previously  made  and  incurred,  and  cash 
which  is  unencumbered  and  available  for  appropriation. 

(e)  The  condition  of  the  state  debt. 

(/)  An  itemized  statement  showing  the  disposition  of  any 
funds  appropriated  to  meet  emergency  or  unforeseen  con- 
ditions. 

The  statement  submitted  in  each  even-numbered  year  shall 
also  set  forth  the  estimates  of  all  claims  and  other  expendi- 
tures for  the  current  and  ensuing  fiscal  years  authorized  by 
law  and  not  required  to  be  filed  under  section  three. 

Section  5.  Section  five  A  of  chapter  twenty-nine  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  strik- 
ing out  the  word  "annually"  in  the  second  line  thereof  and 
inserting  in  place  thereof  the  words :  —  in  each  even-num- 
bered year,  —  and  by  striking  out  the  words  "from  year  to 
year"  in  the  thirteenth  fine  thereof  and  inserting  in  place 
thereof  the  words:  —  from  time  to  time,  —  so  as  to  read  as 
follows:  —  Section  5 A.  Each  department,  office  and  com- 
mission responsible  for  any  great  amount  of  physical  prop- 
erty shall  in  each  even-numbered  year  submit  with  its  budget 
estimates  forecasts  of  probable  annual  construction  expendi- 
tures for  such  period  of  years  as  shall  be  appropriate  for  such 
department,  office  or  commission.  Such  forecasts  shall  be 
itemized,  and  items  shall  be  classified  for  each  year  under 
one  of  three  following  classes:  "necessary",  "desirable" 
or  "contingent".  The  first  class  shall  include  work  that  is  a 
part  of  a  fixed  and  continuing  program  or  is  unavoidably 
necessary.  The  second  class  shall  include  items  of  work 
advantageously  provided  for  at  that  time,  but  which  might 
be  postponed  or  possibly  advanced.  The  third  class  shall 
include  work  dependent  upon  some  other  developments 
which  cannot  be  definitely  predetermined.  Such  forecasts 
may  be  modified  from  time  to  time  to  conform  to  changing 
conditions.  The  budget  commissioner  may  from  time  to 
time  fix  or  change  the  form  of  the  forecasts,  the  classification 
of  the  items  contained  therein  or  the  period  of  years  to  be 
covered  thereby. 

Section  6.  Said  chapter  twenty-nine  is  hereby  further 
amended  by  striking  out  section  six,  as  amended  by  section 
one  of  chapter  four  hundred  and  twenty-six  of  the  acts  of 
nineteen  hundred  and  thirty-seven,  and  inserting  in  place 
thereof  the  following:  —  Section  6.  The  budget  commis- 
sioner shall  study  and  review  all  estimates  and  requests  for 


Acts,  1939.  —  Chap.  502.  733 

appropriations  and  other  authorizations  for  expenditures  of 
state  funds  filed  with  him  as  provided  by  sections  three  and 
four,  and  shall  make  such  investigations  as  will  enable  him 
to  prepare  a  budget  for  the  governor  for  both  fiscal  years  of 
the  biennium,  setting  forth  such  recommendations  as  the 
governor  shall  determine  upon.  The  governor  may  call  upon 
the  comptroller  for  information  relative  to  finances  and  for 
assistance  in  the  preparation  of  the  budget.  The  budget 
shall  be  submitted  by  the  governor  to  the  general  court 
within  three  weeks  after  the  general  court  convenes  in  regular 
session,  and  it  shall  embody  all  estimates,  requests  and 
recommendations  for  appropriations  or  other  authorizations 
for  expenditures  by  the  commonwealth  for  each  such  fiscal 
year.  The  budget  shall,  for  each  such  fiscal  year,  be  classi- 
fied and  designated  so  as  to  show  separately  estimates  and 
recommendations  for:  (a)  expenses  of  administration,  oper- 
ation and  maintenance;  (6)  deficiencies  or  overdrafts  in 
appropriations  of  former  years;  (c)  new  construction,  addi- 
tions, improvements  and  other  capital  outlay;  (d)  interest 
on  the  public  debt  and  sinking  fund  and  serial  bond  require- 
ments; and  (e)  all  requests  and  proposals  for  expenditures 
for  new  projects  and  other  undertakings;  and  shall  include 
in  detail  definite  recommendations  of  the  governor  relative 
to  the  amounts  which  should  be  appropriated  therefor.  The 
budget  shall  include,  for  each  such  fiscal  year,  a  sum,  equal 
at  least  to  the  total  amount  received  by  the  division  of  fish- 
eries and  game  of  the  department  of  conservation  during  the 
last  fiscal  year  of  the  preceding  biennium  from  license  and 
other  fees  and  fines  under  the  laws  relating  to  game  and 
inland  fisheries,  and  also  a  sum  equal  to  one  half  of  the 
amount  necessary  for  payment  for  personal  services  and 
other  expenses  for  or  on  account  of  the  enforcement  of  said 
laws;  and  said  sums  shall  be  appropriated  for  each  such 
fiscal  year  for  the  general  purposes  of  said  division  of  fisheries 
and  game,  not  including  any  services  or  expenses  in  any  way 
relating  to  marine  fisheries.  The  budget  shall  also  include 
definite  recommendations  of  the  governor  for  financing  the 
expenditures  recommended,  and  the  relative  amounts  to  be 
raised  from  ordinary  revenue,  direct  taxes  or  loans.  All 
appropriations  based  upon  the  budget  to  be  paid  from  taxes 
or  revenue  shall  be  incorporated  in  a  single  bill  to  be  desig- 
nated the  general  appropriation  bill.  With  the  budget  the 
governor  shall  submit  to  the  general  court  such  messages, 
statements  or  supplemental  data  relative  thereto  as  he  deems 
expedient,  and  from  time  to  time  during  the  session  of  the 
general  court  he  may  submit  supplemental  messages  on  recom- 
mendations relative  to  appropriations,  revenues  and  loans. 

Section  7.     Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  nine  A,  as  appearing  in  the  fmenckd.^  ^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  Metropolitan 
following:  —  Section  9 A.     The   metropoUtan   district   com- district 
mission  shall  include  in  its  budget  estimates  for  each  of  the 
functions  under  its  control  for  the  first  fiscal  year  of  each 


734 


Acts,  1939.  —  Chap.  502. 


G.  L.  (Ter. 
Ed.),  29,  §  10, 
etc.,  amended. 


Officers,  etc., 
may  continue 
expenditures 
at  rate  of 
preceding 
year. 


G.  L.  (Ter. 
Ed.),  29,  §  11. 
amended. 


Advances  to 
members  of 
general  court. 


biennium,  an  item  covering  the  amounts  contributed  by  the 
commonwealth  as  pensions  under  sections  one  to  five  A,  in- 
clusive, of  chapter  thirty-two  during  the  preceding  fiscal 
year  on  account  of  the  death  or  retirement  of  employees, 
officers  and  officials  formerly  employed  in  the  performance 
of  such  function,  including,  in  the  case  of  those  whose  serv- 
ices cannot  be  entirely  allocated  to  any  one  function,  those 
parts  of  such  amounts  properly  allocable  to  such  function 
and  also  including  as  employed  in  the  performance  of  its 
water  function  those  employed  by  the  metropolitan  district 
water  supply  commission.  The  metropolitan  district  com- 
mission shall  include  in  its  estimates  for  the  second  fiscal 
year  of  each  biennium  an  estimate  of  the  amounts  that  will 
be  contributed  by  the  commonwealth  as  aforesaid  in  the 
first  fiscal  year  of  such  biennium.  The  amount  of  such 
item,  as  appropriated  by  the  general  court,  shall  be  assessed 
upon  the  proper  district  as  a  part  of  the  cost  of  maintenance 
of  such  function;  provided,  that,  in  the  case  of  employees, 
officers  and  officials  formerly  employed  in  the  performance  of 
its  boulevard  functions,  only  one  half  the  amounts  con- 
tributed by  the  commonwealth  as  pensions  as  aforesaid 
shall  be  so  included  and  assessed.  After  an  appropriation 
has  been  made  covering  each  such  item,  the  amount  thereof 
shall  be  approved  for  payment  by  the  metropolitan  district 
commission  as  a  part  of  the  cost  of  maintenance  of  the  func- 
tion for  which  the  estimates  were  made  and  shall  be  credited 
to  the  general  revenue  of  the  commonwealth. 

Section  8.  Said  chapter  twenty-nine  is  hereby  further 
amended  by  striking  out  section  ten,  as  most  recently 
amended  by  chapter  two  hundred  and  fifty-six  of  the  acts 
of  nineteen  hundred  and  thirty-six,  and  inserting  in  place 
thereof  the  following:  —  Section  10.  Officers  or  depart- 
ments having  charge  or  supervision  of  expenditures  in  behalf 
of  the  commonwealth  may  continue  expenditures  in  the  first 
fiscal  year  of  each  biennium  at  the  rate  authorized  by  appro- 
priations for  the  preceding  fiscal  year,  until  the  general  court 
makes  an  appropriation  therefor  or  provides  otherwise; 
provided,  that  biennially  recurring  expenditures  required 
by  law  to  be  made  in  the  first  fiscal  year  of  any  biennium 
shall  be  at  the  rate  authorized  by  appropriations  for  the 
second  preceding  fiscal  year. 

Section  9.  Section  eleven  of  said  chapter  twenty-nine, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out  the  words  "preceding  fiscal  year"  in  the 
fourth  and  fifth  lines  thereof,  and  inserting  in  place  thereof 
the  words :  —  first  fiscal  year  of  the  preceding  biennium,  — 
so  as  to  read  as  follows:  —  Section  11.  The  state  treasurer 
shall  make  advances  to  members  of  the  senate  and  house  of 
representatives  on  account  of  compensation  due  for  services 
and  traveling  expenses  in  accordance  with  existing  laws  at 
the  rate  authorized  by  appropriations  for  the  first  fiscal  year 
of  the  preceding  biennium,  until  the  general  court  makes  an 
appropriation  therefor  or  provides  otherwise. 


Acts,  1939.  —  Chap.  502.  735 

Section  10.    Section  twelve  of  said  chapter  twenty-nine,  g.  l.  (Ter. 
as  so  appearing,  is  hereby  amended  by  adding  at  the  end  amended.  ^^' 
thereof  the  words :  —  and  separate  appropriations  shall  be 
made   for  each   fiscal  year  of  the   biennium,  —  so   as  to 
read  as  follows:  —  Section  12.    Unless  otherwise  specifically  separate ap- 
provided  therein,  appropriations  by  the  general  court  for  FoTeadi'""^ 
ordinary  maintenance  shall   be   made   for   the   fiscal  year  fiscal  year. 
established   for   the   commonwealth    and    separate    appro- 
priations shall  be  made  for  each  fiscal  year  of  the  biennium. 

Section  11.    Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  fourteen,  as  so  appearing,  ^^end^d.^  ^^' 
and  inserting  in  place  thereof  the  following  new  section :  — 
Section  14-    An  appropriation  for  any  purpose  other  than  Application  of 
ordinary  maintenance,  for  the  first  fiscal  year  of  the  bien-  reTuiXd.^'°"^ 
nium,  shall  not  be  available  for  more  than  two  years  after 
the  effective  date  of  the  appropriation  act.    A  like  appro- 
priation for  the  second  fiscal  year  of  the  biennium  shall  not 
be  available  for  more  than  two  years  after  the  beginning  of 
such  year.    In  either  case  payments  to  fulfill  contracts  and 
other  obligations  entered  into  within  the  said  two  years 
may  be  made  thereafter. 

Section  12.    Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-six,  as  so  appearing,  amended.^  ^^' 
and  inserting  in  place  thereof  the  following :  —  Section  26.  Expenses  not 
Expenses  of  offices  and  departments  for  compensation  of  to  exceed 
officers,  members  and  employees  and  for  other  purposes  '^p^'^'^p"'^  '°°^" 
shall  not  exceed  the  appropriations  made  therefor  by  the 
general  court.     No  obligation  incurred  by  any  officer  or 
servant  of  the  commonwealth  for  any  purpose  in  excess  of 
the  appropriation  for  such  purpose  for  the  office,  depart- 
ment or  institution  which  he  represents,  shall  impose  any 
liability   upon    the    commonwealth.      If    expenditures    are 
made  in  excess  of  appropriations,  the  officer  having  charge 
of  such  expenditures  shall,  on  or  before  December  fifteenth 
in  each  even-numbered  year,  report  to  the  comptroller  the 
details  thereof  with  the  reasons  therefor,  and  he  shall  make 
a  special  report  of  the  same  to  the  general  court  early  in  its 
next  regular  session. 

Section  13.    Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-seven,  as  amended  ^tc! 'amended! 
by  chapter  three  hundred  and  fifty-nine  of  the  acts  of  nine- 
teen   hundred    and    thirty-seven,    and    inserting    in    place 
thereof  the  following :  —  Section  27.     Notwithstanding  any  Expenses  and 
other  provision  of  general  law,  no  officer  or  board  shall  l-egulatld. 
incur  a  new  or  unusual  expense,  make  a  permanent  contract, 
increase  a  salary  or  employ  a  new  clerk,  assistant  or  other 
subordinate,  unless  a  sufficient  appropriation  to  cover  the 
expense  thereof  has  been  made  by  the  general  court,  except 
that  in  the  first  fiscal  year  of  any  biennium  and  prior  to  the 
effective  date  of  the  general  appropriation  act,  the  depart- 
ment  of   public   works,   in   anticipation   of   appropriations 
therefor,  may,  with  the  approval  of  the  governor  and  coun- 
cil, make  contracts  for  the  construction  and  reconstruction 


736 


Acts,  1939.  —  Chap.  503. 


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


Transfer  of 
funds. 


G.  L.  (Ter. 
Ed.),  29,  §  50, 
amended. 

Amount  to  be 
included  in 
state  tax. 


of  state  highways  binding  the  commonwealth  to  an  amount 
not  in  excess  of  twenty-five  per  cent  of  the  amount  appro- 
priated for  the  preceding  fiscal  year  for  the  same  purposes, 
such  contracts  to  provide  for  the  completion  of  the  work 
thereunder  within  the  fiscal  year  in  which  they  are  made. 

Section  14.  Section  twenty-nine  of  said  chapter  twenty- 
nine,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out  the  words  "an  annual"  in  the  third 
line  thereof  and  inserting  in  place  thereof  the  words :  —  a 
periodic,  —  and  by  striking  out  the  word  "annual"  in  the 
fourth  line  thereof  and  inserting  in  place  thereof  the  word: 
—  periodic,  —  so  as  to  read  as  follows:  —  Section  29.  No 
transfer  of  funds  from  one  item  of  account  to  another  on 
the  books  of  any  officer  or  board  having  charge  of  any  office, 
department,  institution  or  undertaking  receiving  a  periodic 
appropriation  from  the  commonwealth,  upon  which  items 
of  account  such  periodic  appropriation  is  based,  shall  be 
made  without  the  written  approval  of  the  comptroller. 

Section  15.  Said  chapter  twenty-nine  is  hereby  further 
amended  by  striking  out  section  fifty,  as  so  appearing,  and 
inserting  in  place  thereof  the  following  new  section :  —  *Sec- 
tion  60.  He  shall  seasonably  in  the  first  fiscal  year  of  each 
biennium  certify  to  the  budget  commissioner  the  amount 
necessary  to  be  included  in  the  state  tax  for  each  year  of 
such  biennium  to  provide  for  such  serial  payments  of  any 
bonds  or  scrip  of  the  commonwealth,  and  the  amount  shall 
be  included  in  the  state  tax  for  the  year  in  which  such  pay- 
ments are  to  be  made.  Approved  August  12,  1939. 


Chap. 503  An  Act  relative  to  the  retirement  of  members  of  the 

DIVISION  OF  STATE  POLICE,  AND  TO  THEIR  AGE  AT  ENLIST- 
MENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (14)  of  section  two  of  chapter 
thirty-two  of  the  General  Laws,  as  appearing  in  section  one 
of  chapter  four  hundred  and  thirty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  is  hereby  amended  by  striking 
out  the  paragraph  entitled  "Group  2"  and  inserting  in  place 
thereof  the  two  following  paragraphs :  — 

Group  2.  —  Officials  and  all  other  employees  not  included 
in  Group  1  or  Group  3. 

Group  3.  —  Officers  of  the  division  of  state  police  in  the 
department  of  public  safety  appointed  thereto  under  section 
six  of  chapter  twenty-two  on  or  after  September  first,  nine- 
teen hundred  and  twenty-one,  or  appointed  thereto  under 
section  nine  A  of  said  chapter. 

Section  2.  Said  section  two  is  hereby  further  amended 
by  striking  out  paragraph  (15)  and  inserting  in  place  thereof 
the  two  following  new  paragraphs :  — 

(14A)  Members  of  Group  3  shall  be  retired  as  provided 
in  sections  sixty-eight  A  to  sixty-eight  C,  inclusive,  and  para- 


G.  L.  (Ter. 
Ed.),  32,  §  2, 
etc.,  amended. 


Membership 
groups. 


G.  L.  (Ter. 
Ed.),  32,  §  2. 
etc.,  further 
amended. 

Same  subject. 


Acts,  1939.  —  Chap.  503.  737 

graphs  (16)  and  (18)  of  this  section,  sections  four,  four  C, 
four  E  and  thirty-seven  C,  and  any  other  provisions  of  this 
chapter  inconsistent  with  any  provision  of  said  sections 
sixty-eight  A  to  sixty-eight  C,  inclusive,  shall  not,  after 
December  first,  nineteen  hundred  and  thirty-nine,  apply  to 
members  of  said  group. 

(15)  Any  member  of  Group  1  or  of  Group  2,  upon  attain- 
ing the  maximum  age  for  his  group,  shall  be  retired  from  the 
service  for  superannuation. 

Section  3.     Said  chapter  thirty-two  is  hereby  further  g.  l.  (Ter. 
amended  by  inserting  after  section  sixty-eight,  as  appearing  fi^esifesB 
in  the  Tercentenary  Edition,  the  three  following  new  sec-  f^gertfd' 
tions:  —  Section  68 A.     In  sections  sixty-eight  A  to  sixty- 
eight  C,  inclusive,  unless  the  context  otherwise  requires,  the 
following  words  shall  have  the  following  meanings: 

"Officer",  an  officer  of  the  division  of  state  police  in  the  Definitions, 
department  of  public  safety  appointed  thereto  under  section 
six  of  chapter  twenty-two  on  or  after  September  first,  nine- 
teen hundred  and  twenty-one,  or  appointed  thereto  under 
section  nine  A  of  said  chapter. 

"Rating  board",  a  board  having  the  powers  and  duties 
provided  for  in  sections  sixty-eight  B  and  sixty-eight  C,  and 
consisting  of  the  surgeon-general  of  the  commonwealth,  the 
commissioner  of  public  health  and  the  commissioner  of  pub- 
lic safety,  or  a  subordinate  designated  by  any  of  them  from 
time  to  time  by  a  writing  filed  in  the  office  of  the  state  board 
of  retirement. 

Section  68B.  (1)  An  officer  of  the  division  of  state  police  state  police 
in  the  department  of  public  safety  shall  be  retired  by  the  r^i^ement  of. 
state  board  of  retirement  in  case  the  rating  board,  after  an 
examination  of  such  officer  by  a  registered  physician  ap- 
pointed by  it,  shall  report  in  writing  to  the  state  board  of 
retirement  that  such  officer  is  physicall}'  or  mentally  inca- 
pacitated for  the  performance  of  duty  by  reason  of  (a),  illness 
incurred  through  no  fault  of  his  own  in  the  actual  perform- 
ance of  duty,  or  (6),  an  injurj^  resulting  from  an  accident 
occurring  during  the  performance  and  within  the  scope  of 
his  duty,  and  without  contributory  negligence  on  his  part, 
and  that  such  incapacity  is  likely  to  be  permanent. 

Amount  of  Allowance. 

(2)  Upon  retirement  under  paragraph  (1)  of  this  section, 
the  officer  shall  receive  a  retirement  allowance  consisting  of: 

(a)  A  life  annuity  as  provided  in  section  four  G;  and 

(6)  A  pension  equal  to  one  half  of  the  annual  rate  of  regu- 
lar compensation  received  by  him  on  the  date  of  his  retire- 
ment. 

Section  68C.    (1)  An  officer  who  has  performed  service  in  Length  of 
the  division  of  state  police  in  the  department  of  public  wqufrements. 
safety  for  not  less  than  twenty  years  shall  be  retired  by  the 
state  board  of  retirement  upon  attaining  age  fifty,  or  upon 
the  expiration  of  such  twenty  years,  whichever  last  occurs. 


738 


Acts,  1939.  —  Chap.  504. 


(2)  An  officer  who  has  performed  service  in  said  division 
for  not  less  than  twenty  years  and  has  not  attained  age  fifty 
shall  be  retired  by  the  state  board  of  retirement  in  case  the 
rating  board,  after  an  examination  of  such  officer  by  a  regis- 
tered physician  appointed  by  it,  shall  report  in  writing  to 
the  state  board  of  retirement  that  he  is  physically  or  men- 
tally incapacitated  for  the  performance  of  duty,  and  that 
such  incapacity  is  likely  to  be  permanent. 


G.  L.  (Ter. 
Ed.),  22,  §  9A, 
amended. 


Enlistment 
age. 


Effective 
date. 


Amount  of  Allowance. 

(3)  Upon  retirement  under  paragraph  (1)  or  paragraph 
(2)  of  this  section,  the  officer  shall  receive  a  retirement 
allowance  consisting  of: 

(a)  A  life  annuity  as  provided  in  said  section  four  G;  and 

(6)  A  pension  of  such  amount  as  will,  together  with  the 
life  annuity  set  forth  in  paragraph  (1)  (a)  of  section  four  G, 
be  equal  to  one  half  of  his  average  annual  rate  of  regular 
compensation  during  the  five  years  immediately  prior  to 
the  date  of  his  retirement. 

Section  4.  Section  nine  A  of  chapter  twenty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  at  the  end  the  following  new 
sentence :  —  After  December  first,  nineteen  hundred  and 
thirty-nine,  no  person  over  thirty  years  of  age  shall  be  en- 
listed for  the  first  time  as  an  officer  of  the  division  of  state 
police. 

Section  5.  This  act  shall  take  effect  on  December  first 
of  the  current  year.  Approved  August  12,  1939. 


Chap. 504  An  Act  relative  to  the  payment  by  the  commonwealth 

TO  ITS  municipalities  OP  A  PORTION  OF  THE  HIGHWAY 
FUND  TO  BE  EXPENDED  BY  THEM  FOR  LOCAL  HIGHWAY 
PURPOSES. 


Emergency 
preamble. 


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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  thirty-two  of  the 
acts  of  the  current  year,  as  amended,  is  hereby  further 
amended  by  striking  out  the  second  and  third  sentences  and 
by  adding  at  the  end  the  following  new  sentence  and  schedule : 
—  The  amounts  to  be  paid  the  several  cities  and  towns  shall 
be  as  shown  in  the  following  schedule :  — 

Abington,  ninety-seven  hundred  fifty  dollars  and  twenty- 
one  cents $9,750  21 

Acton,  seventy-eight  hundred  seventy-seven  dollars  and 

one  cent 7,877  01 

Acushnet,  sixty-two  hundred  and  ninety-two  dollars  and 
six  cents 6,292  06 


Acts,  1939. —  Chap.  504. 


739 


seventeen  thousand  five  hundred  fifteen  dollars 
and  ninety-nine  cents      ...... 

Agawam,  fourteen  thousand  seven  hundred  twenty-seven 
dollars  and  seventy-four  cents  .... 

Alford,  thirteen  hundred  twenty-four  dollars  and  seventy- 
four  cents       ........ 

Amesbury,   seventeen  thousand  sixty-two   dollars  and 
seventeen  cents       ....... 

Amherst,  sixteen  thousand  six  hundred  ninety-two  dol- 
lars and  twenty-seven  cents      ..... 

Andover,  twenty-seven  thousand  six  hundred  ninety-one 
dollars  and  forty-six  cents         ..... 

Arlington,  seventy-nine  thousand  eight  hundred  thirteen 
dollars  and  thirty-four  cents     ..... 

Ashburnham,  sixty-four  hundred  sixty-eight  dollars  and 
thirty-five  cents      ....... 

Ashby,  forty-two  hundred  forty-four  dollars  and  twelve 
cents     ......... 

Ashfield,    fifty-six    hundred    ninety-eight    dollars    and 
ninety-seven  cents  ...... 

Ashland,  fifty-five  hundred  fifty-two  dollars  and  seventy- 
nine  cents       ........ 

Athol,  twenty  thousand  six  hundred  thirty-five  dollars 
and  thirty-seven  cents     ...... 

Attleboro,   thirty-nine  thousand  seven  hundred  sixty- 
three  dollars  and  eighty-three  cents 

Auburn,  eleven  thousand  nine  hundred  sixty-four  dollars 
and  seventy-five  cents     ...... 

Avon,  thirty-seven  hundred  three  dollars  and  thirty  cents 

Ayer,  sixty-five  hundred  forty-two  dollars  and  six  cents 

Barnstable,  forty  thousand  eight  hundred  thirty-one  dol- 
lars and  forty-six  cents    ..... 

Barre,  ninety-six  hundred  sixty-two  dollars  and  forty 
eight  cents     ....... 

Becket,  forty-one  hundred  eighty-nine  dollars  and  twenty 
eight  cents     ....... 

Bedford,  fifty-four  hundred  fifty-two  dollars  and  seventy- 
nine  cents       ....... 

BelchertowTi,  seventy-four  hundred  twenty-eight  dollars 
and  fifty-six  cents  ...... 

Bellingham,  fifty-nine  hundred  thirty- two  dollars  and 
eighty-nine  cents    ...... 

Belmont,  sixty-seven  thousand  two  hundred  six  dollars 
and  one  cent  ...... 

Berkley,  thirty-three  hundred  seventy-four  dollars  and 
twenty-three  cents  ..... 

Berlin,    thirty-four   hundred   seventy-nine   dollars   and 
seven  cents    ....... 

Bernardston,   thirty-two   hundred  seventy-four  dollars 
and  twenty-three  cents    ..... 

Beverly,   fifty-six  thousand  three  hundred  forty-three 
dollars  and  thirty-three  cents  .... 

Billerica,  fifteen  thousand  seven  hundred  fifty-seven  dol- 
lars and  eighty-four  cents         .... 

Blackstone,   fifty-two  hundred  eighty-two  dollars  and 
eighty-nine  cents     ...... 

Blandford,   forty-seven   hundred   nineteen   dollars   and 
thirty-eight  cents    ...... 

Bolton,  four  thoxisand  ninety-four  dollars  and  twelve 
cents     ........ 


Boston,  two  million  sixty-four  thousand  seven  hundred 
twenty-nine  dollars  and  eighty-seven  cents 

Bourne,  fifteen  thousand  three  hundred  eighty-seven  dol- 
lars and  ninety-four  cents         .... 

Boxborough,  sixteen  hundred  fifty-nine  dollars  and  sixty- 
oine  cents      .....,, 


$17,515  99 

14,727  74 

1,324  74 

17,062  17 

16,692  27 

27,691  46 

79,813  34 

6,468  35 

4,244  12 

5,698  97 

5,552  79 

20,635  37 

39,763  83 

11,964  75 
3,703  30 
6,542  06 

40,831  46 
9,662  48 
4,189  28 
5,452  79 
7,428  56 
5,932  89 

67,206  01 
3,374  23 
3,479  07 
3,274  23 

56,343  33 

15,757  84 
5,282  89 
4,719  38 
4,094  12 
2,064,729  87 

15,387  94 
1,659  69 


740 


Acts,  1939. —  Chap.  504. 


Boxford,  forty-two  hundred  sixty-four  dollars  and  two 

cents     ........ 

Boylston,   thirty-three  hundred   fifty-nine   dollars   and 

eighteen  cents  .  .  . 

Braintree,  thirty-eight  thousand  nine  hundred  eighty 

three  dollars  and  twenty-two  cents  . 
Brewster,    forty-seven    hundred    eighteen    dollars    and 

thirty-five  cents      ...... 

Bridgewater,  twelve  thousand  forty-nine  dollars  and  sev 

enty  cents      ....... 

Brimfield,    forty-three   hundred    fifty-nine   dollars   and 

eighteen  cents  ...... 

Brockton,  one  hundred  eight  thousand  six  hundred  sev 

enty--eight  dollars  and  fifty-one  cents 
Brookfield,    thirty-six    hundred    eighteen    dollars    and 

eighty-seven  cents  ..... 

Brookline,  one  hundred  ninety-eight  thousand  one  hun 

dred  fifty-two  dollars  and  forty-eight  cents 
Buckland,  fifty-nine  hundred  two  dollars  and  seventy 

nine  cents       ....... 

Burlington,    fifty-two    hundred    sixty-two    dollars    and 

ninety-nine  cents    ...... 

Cambridge,  two  hundred  forty-one  thousand  nine  hun^ 

dred  six  dollars  and  eighty-three  cents 
Canton,  thirteen  thousand  five  hundred  sixty-eight  doL 

lars  and  five  cents  ...... 

Carlisle,  thirty-five  hundred  forty-four  dollars  and  twelve 

cents     ........ 

Carver,  seven  thousand  seventy-two  dollars  and  sixty 

eight  cents     ....... 

Charlemont,  thirty-eight  hundred  nine  dollars  and  eight 

een  cents        ....... 

Charlton,  eighty-three  hundred  eighty-eight  dollars  and 

twenty-five  cents    ...... 

Chatham,  ninety-seven  hundred  fifty  dollars  and  twenty- 
one  cents        ....... 

Chelmsford,  sixteen  thousand  three  hundred  fifty-four 

dollars  and  three  cents     ..... 
Chelsea,  sixty-four  thousand  four  hundred  sixty-seven 

dollars  and  twenty-five  cents    . 
Cheshire,  thirty-eight  hundred  forty-eight  dollars  and 

ninety-seven  cents  ..... 

Chester,  fifty-two  hundred  sixty-eight  dollars  and  eighty 

seven  cents     ....... 

Chesterfield,  thirty-seven  hundred  fourteen  dollars  and 

fifty-four  cents        ...... 

Chicopee,  sixty-one  thousand  one  hundred  ninety  dollars 

and  seventy-five  cents     ..... 

ChUmark,  fifteen  hundred  forty-nine  dollars  and  forty- 
nine  cents      ....... 

Clarksburg,  nineteen  hundred  seventy-four  dollars  and 

twenty-three  cents  ..... 

Clinton,  eighteen  thousand  six  hundred  eighty  dollars 

and  one  cent  ..... 

Cohasset,    fourteen   thousand   twenty-two   dollars   and 

thirty-eight  cents    ...... 

Colrain,  sixty-two  hundred  eighty-eight  dollars  and  sev 

enty-six  cents  ...... 

Concord,  sixteen  thousand  six  hundred  twenty-one  do! 

lars  and  eighty-six  cents  .... 

Conway,  forty-nine  hundred  fifty-nine  dollars  and  eight 

een  cents        ....... 

Cummington,  thirty-two  hundred  fourteen  dollars  and 

fifty-four  cents        ....... 

Dalton,  eleven  thousand  seventy-nine  dollars  and  twenty 

eight  cents     .,,,,,, 


Acts,  1939.  —  Chap.  504.  741 

Dana,  five  hundred  nine  dollars  and  sixty-nine  cents       .  $509  69 

Danvers,  twenty-one  thousand  ninety-four  dollars  and 

three  cents 21,094  03 

Dartmouth,  twenty-four  thousand  sixty-five  dollars  and 

forty-seven  cents     .......  24,065  47 

Dedham,  thirty-four  thousand  eight  hundred  forty  dol- 
lars and  sixty-four  cents  .....  34,840  64 

Deerfield,    ninety-one   hundred    eighty-six   dollars   and 

seventy  cents  .  •  9,186  70 

Dennis,    ninety-nine    hundred    eighty-one    dollars    and 

thirty-four  cents 9,981  34 

Dighton,  seventy-one  hundred  forty- two  dollars  and  six 
cents 7,142  06 

Douglas,  sixty-three  hundred  eighty-eight  dollars  and 

twenty-five  cents    .......  6,388  25 

Dover,  sixty-eight  hundred  eighty-six  dollars  and  seventy 

cents 6,886  70 

Dracut,  ninety-seven  hundred  seventy-one  dollars  and 

fourteen  cents         .......  9,771  14 

Dudley,  eighty-five  hundred  eighty-six  dollars  and  sev- 
enty cents      ........  8,586  70 

Dunstable,  twentj--four  hundred  forty-four  dollars  and 

sixty-four  cents 2,444  64 

Duxbury,  twelve  thousand  one  hundred  ninety-nine  dol- 
lars and  seventy  cents     ......  12,199  70 

East  Bridgewater,  eighty-eight  hundred  fifty-six  dollars 

and  nine  cents        .......  8,856  09 

East  Brookfield,  twenty-three  hundred  nine  dollars  and 

eighteen  cents         .......  2,309  18 

East  Longmeadow,  seventy-four  hundred  one  dollars  and 

seventy-six  cents     .......  7,401  76 

Eastham,  thirty-eight  hundred  forty-eight  dollars  and 

ninety-seven  cents  ......  3,848  97 

Easthampton,  seventeen  thousand  six  hundred  dollars 

and  ninety-four  cents       ......  17,600  94 

Easton,  ten  thousand  three  hundred  twenty  dollars  and 

sixty-two  cents 10,320  62 

Edgartown,    seventy-four   hundred   seventy-six   dollars 

and  fifty  cents 7,476  50 

Egremont,  twenty-nine  hundred  seventy-four  dollars  and 

twenty-three  cents 2,974  23 

Enfield,  six  hundred  seventy-nine  dollars  and  fifty-nine 

cents 679  59 

Erving,  thirty-seven  htmdred  three  dollars  and  thirty 

cents 3,703  30 

Essex,  thirty-three  hundred  forty-three  dollars  and  sixty- 
one  cents        ........  3,343  61 

Everett,  ninety-six  thousand  five  hundred  eighty-three 

dollars  and  fourteen  cents         .....  96,583  14 

Fairhaven,  seventeen  thousand  five  hundred  ninety  dol- 
lars and  seventy-three  cents     .....  17,590  73 

Fall  River,  one  hundred  sixty  thousand  four  hundred 

forty-eight  dollars  and  twelve  cents  160,448  12 

Falmouth,  thirty-four  thousand  five  hundred  eighteen 

dollars  and  forty-seven  cents    .....  34,518  47 

Fitchburg,  seventy-five  thousand  five  hundred  seventy- 
eight  dollars  and  seventy  cents  ....  75,578  70 

Florida,  thirty-eight  hundred  ninety-eight  dollars  and 

ninety-seven  cents  ......  3,898  97 

Foxborough,    ten    thousand    six    hundred    dollars    and 

twenty-one  cents    .......  10,600  21 

Framingham,  fifty-one  thousand  one  hundred  seventy- 
two  dollars  and  nineteen  cents  ....  51,172  19 

Franklin,  seventeen  thousand  one  hundred  thirty-two 
dollars  and  fifty-eight  cents      .         .         .         .         .  17,132  58 


742 


Acts,  1939.  —  Chap.  504. 


FreetowTi,  forty-three  hundred  eighty-eight  dollars  and 

seventy-six  cents     .......  $4,388  76 

Gardner,  thirty-four  thousand  six  hundred  fifty-six  dol- 
lars and  twenty  cents       ......  34,656  20 

Gay  Head,  five  hundred  four  dollars  and  eighty-five  cents  504  85 

GeorgetowTi,  forty-two  hundred  ninety-eight  dollars  and 

forty-six  cents 4,298  46 

Gill,  twenty-nine  hundred  seventy-four  dollars  and 
twenty-three  cents 2,974  23 

Gloucester,  fifty-five  thousand  two  hundred  seventy  dol- 
lars and  thirteen  cents     ......  55,270  13 

Goshen,  nineteen  hundred  fifty-nine  dollars  and  sixty- 
nine  cents       ........  1,959  69 

Gosnold,  fifteen  hundred  forty-four  dollars  and  twelve 

cents 1,544  12 

Grafton,  ten  thousand  forty-one  dollars  and  three  cents  10,041  03 

Granby,    thirty-seven    hundred    fifty-nine    dollars    and 

eighteen  cents         ......  3,759  18 

Granville,  six  thousand  twenty-eight  dollars  and  fifty-six 

cents 6,028  56 

Great  Barrington,  fifteen  thousand  three  hundred  ninety- 
two  dollars  and  seventy-nine  cents    ....  15,392  79 

Greenfield,  forty  thousand  nine  hundred  seventy-two 

dollars  and  forty-nine  cents      .....  40,972  49 

Greenwich,  four  hundred  twenty-four  dollars  and  sev- 
enty-four cents        .......  424  74 

Groton,    ninety-six    hundred    eighty-one    dollars    and 

thirty-four  cents     .......  9,681  34 

Groveland,  thirty-seven  hundred  eight  dollars  and  sixty- 
six  cents 3,708  66 

Hadley,  sixty-eight  hundred  ninety-two  dollars  and  fifty- 
eight  cents 6,892  58 

Halifax,    thirty-five    hundred    sixty-eight    dollars    and 

eighty-seven  cents  .......  3,568  87 

Hamilton,    eighty-eight    hundred    fifteen    dollars    and 

seventy-eight  cents  ......  8,815  78 

Hampden,  twenty-seven  hundred  nineteen  dollars  and 

thirty-eight  cents 2,719  38 

Hancock,  two  thousand  forty-four  dollars  and  sixty-four 

cents 2,044  64 

Hanover,  seven  thousand  eleven  dollars  and  ninety-six 

cents 7,011  96 

Hanson,  fifty-five  hundred  two  dollars  and  seventy-nine 

cents 5,502  79 

Hardwick,  sixty-eight  hundred  thirty-three  dollars  and 

forty  cents 6,833  40 

Harvard,    fifty-six    hundred    eighty-eight    dollars    and 

twenty-five  cents    .......  5,688  25 

Harwich,  thirteen  thousand  three  hundred  five  dollars 

and  six  cents  .......  13,305  06 

Hatfield,  six  thousand  two  dollars  and  seventy-nine  cents  6,002  79 

Haverhill,  seventy-six  thousand  seven  hundred  twenty- 
two  dollars  and  eighty-two  cents      ....  76,722  82 

Hawley,  twenty-seven  hundred  eighty-nine  dollars  and 

seventy-nine  cents  ......  2,789  79 

Heath,  thirty-one  hundred  fifty-nine  dollars  and  sixty- 
nine  cents 3,159  69 

Hingham,  twenty-two  thousand  nine  hundred  twenty- 
three  dollars  and  ten  cents       .....  22,923  10 

Hinsdale,    thirty-one    hundred    fifty-nine    dollars    and 

eighteen  cents         .......  3,159  18 

Holbrook,    fifty-nine   hundred    fifty-seven    dollars    and 

twelve  cents 5,957  12 

Holden,  eighty-six  hundred  seven  dollars  and  twelve  cents  8,607  12 

Holland,  nineteen  hundred  thirty-nine  dollars  and  sev- 
enty-nine cents       .......  1,939  79 


Acts,  1939. —  Chap.  504. 


743 


HoUiston,  seventy-two  hundred  fifty-seven  dollars  and 
twelve  cents $7,257  12 

Holyoke,  one  hundred  thirteen  thousand  three  hundred 

seventy-nine  dollars  and  twenty-three  cents  113,379  23 

Hopedale,  eighty-nine  hundred  seventy  dollars  and  eleven 
cents 8,970  11 

Hopkinton,  seventy-three  hundred  forty-two  dollars  and 

fifty-eight  cents 7,342  58 

Hubbardston,  forty-nine  hundred  thirty-nine  dollars  and 

twenty-eight  cents 4,939  28 

Hudson,  twelve  thousand  five  hundred  four  dollars  and 

three  cents 12,504  03 

Hull,  twenty-three  thousand  two  hundred  twenty-seven 

dollars  and  forty-three  cents 23,227  43 

Huntington,  thirty-five  hundred  twenty-nine  dollars  and 

seven  cents 3,529  07 

Ipswich,  twelve  thousand  five  hundred  seventy-nine  dol- 
lars and  twenty-eight  cents       .....  12,579  28 

Kingston,  seventy-five  hundred  forty-one  dollars  and 

fifty-five  cents 7,541  55 

Lakeville,   forty-one  hundred  eighty-eight  dollars  and 

seventy-six  cents     .......  4,188  76 

Lancaster,  seventy-one  hundred  forty-two  dollars  and 

fifty-eight  cents 7,142  58 

Lanesborough,  thirty-eight  hundred  forty-eight  dollars 

and  ninety-seven  cents    ......  3,848  97 

Lawrence,  one  hundred  forty-three  thousand  two  hun- 
dred forty-six  dollars  and  sixty-seven  cents  .        143,246  67 

Lee,  eighty-eight  hundred  ninety-one  dollars  and  three 

cents 8,891  03 

Leicester,  eighty-two  hundred  twenty-seven  dollars  and 

one  cent 8,227  01 

Lenox,    ninety-eight   hundred   twenty-five   dollars   and 

forty-seven  cents    .......  9,825  47 

Leominster,   thirty-eight  thousand  nine  hundred   four 

dollars  and  sixty-six  cents         .....  38,904  66 

Leverett,  twenty-six  hundred  sixty-four  dollars  and  fifty- 
four  cents       ........  2,664  54 

Lexington,  thirty-one  thousand  one  hundred  twenty-two 

dollars  and  eighty  cents 31,122  80 

Leyden,  twenty-three  hundred  seventy-four  dollars  and 

seventy-four  cents  ......  2,374  74 

Lincoln,  sixty-two  hundred  eighty-two  dollars  and  thirty- 
seven  cents 6,282  37 

Littleton,  six  thousand  seven  dollars  and  sixty-three  cents  6,007  63 

Longmeadow,  nineteen  thousand  one  hundred  fifty-four 

dollars  and  seventy-five  cents  .  .  19,154  75 

Lowell,  one  hundred  forty-seven  thousand  five  hundred 

seventy-five  dollars  and  twenty-three  cents         .  .        147,575  23 

Ludlow,  sixteen  thousand  four  hundred  eighty-two  dol- 
lars and  fifty-eight  cents  .....  16,482  58 

Lunenburg,  sixty-four  hundred  forty-three  dollars  and 

nine  cents      ........  6,443  09 

Lynn,  one  hundred  ninety  thousand  eight  hundred  fifty- 
three  dollars  and  eighty-one  cents     ....        190,853  81 

Lynnfield,  sixty-three  hundred  eleven  dollars  and  ninety- 
six  cents         ........  6,311  96 

Maiden,  ninety-six  thousand  six  hundred  seventy-eight 

dollars  and  eighty-one  cents     .....  96,678  81 

Manchester,  fifteen  thousand  two  hundred  eighty-one 

dollars  and  fifty-five  cents        .....  15,281  55 

Mansfield,  thirteen  thousand  three  hundred  ninety-eight 

dollars  and  sixty-seven  cents    .....  13,398  67 

Marblehead,  twenty-eight  thousand  four  hundred  eighty- 
four  dollars  and  four  cents        .....  28,484  04 


744  Acts,  1939. —  Chap.  504. 

Marion,  seventy-seven  hundred  seventy-five  dollars  and 

ninety-eight  cents .  .17,775  98 

Marlborough,  twenty-six  thousand  two  hundred  thirty- 
six  dollars  and  sixty-one  cents  ....  26,236  61 
Marshfield,   thirteen  thousand  six  hundred   forty-nine 

dollars  and  eighteen  cents         .....  13,649  18 

Mashpee,  twenty-five  hundred  eighty-nine  dollars  and 

twenty-eight  cents  .        "  .  .  2,589  28 

Mattapoisett,  sixty-two  hundred  seven  dollars  and  twelve 

cents 6,207  12 

Maynard,  eleven  thousand  two  hundred  forty-nine  dol- 
lars and  eighteen  cents     ......  11,249  18 

Medfield,  fifty-eight  hundred  seventy-two  dollars  and 

sixty-eight  cents      .......  5,872  68 

Medford,  one  hundred  eleven  thousand  one  hundred 

eighty-nine  dollars  and  ninety-six  cents  111,18996 

Medway,    sixty-six    hundred    sixty-seven    dollars    and 

thirty-two  cents 6,667  32 

Melrose,  fifty-two  thousand  four  hundred  fifty  dollars 

and  twenty-three  cents    ......  52,450  23 

Mendon,    thirty-six    hundred    sixty-eight    dollars    and 

eighty-seven  cents  ......  3,668  87 

Merrimac,  thirty-nine  hundred  twenty-eight  dollars  and 

fifty-six  cents 3,928  56 

Methuen,  thirty-three  thousand  three  hundred  two  dol- 
lars and  ninety  cents 33,302  90 

Middleborough,   nineteen  thousand  eighty-two  dollars 

and  fifty-eight  cents 19,082  58 

Middlefield,  twenty-four  hundred  seventy-four  dollars 

and  seventy-four  cents     ......  2,474  74 

Middlcton,  forty-three  hundred  eighty-eight  dollars  and 

twenty-five  cents 4,388  25 

Milford,  twenty-three  thousand  eight  hundred  sixty-two 

dollars  and  thirty-eight  cents 23,862  38 

Millbury,  ten  thousand  nine  hundred  twenty-nine  dol- 
lars and  eighty  cents 10,929  80 

Millis,  six  thousand  ninety-two  dollars  and  fifty-eight 

cents 6,092  58 

Millville,  twenty-four  hundred  sixty-four  dollars  and  two 

cents 2,464  02 

Milton,  fifty-one  thousand  five  hundred  ten  dollars  and 

forty-four  cents       .......  51,510  44 

Monroe,   twenty-three  hundred  forty-four  dollars  and 

twelve  cents 2,344  12 

Monson,  ninety-nine  hundred  twenty-two  dollars  and 

seventeen  cents       .......  9,922  17 

Montague,   twenty-one  thousand  one  hundred  sixteen 

dollars  and  fifty  cents 21,116  50 

Monterey,    thirty-five    hundred    nineteen    dollars    and 

thirty-eight  cents 3,519  38 

Montgomery,  eighteen  hundred  twenty-four  dollars  and 

seventy-four  cents  .......  1,824  74 

Mt.  Washington,  twelve  hundred  fifty-four  dollars  and 

eighty-five  cents      .  .  ...  .  .  1,254  85 

Nahant,  eighty-two  hundred  forty  dollars  and  fifty-two 

cents 8,240  52 

Nantucket,  twenty  thousand  five  hundred  ten  dollars  and 

sixty-three  cents 20,510  63 

Naticic,  thirty  thousand  five  hundred  forty-nine  dollars 

and  nine  cents 30,549  09 

Needham,  thirty-three  thousand  four  hundred  sixty-six 

dollars  and  forty-one  cents        .....  33,466  41 

New  Ashford,  seven  hundred  nineteen  dollars  and  ninety 

cents .  .  719  90 

'  New  Bedford,  one  hundred  seventy-five  thousand  five 

hundred  fifty  doUars  and  nine  cents  .         .         .       175,550  09 


Acts,  1939.  —  Chap.  504.  745 

New  Braintree,  thirty-two  hundred  ninety-nine  dollars 
and  forty-eight  cents $3,299  48 

New  Marlborough,  sixty-one  hundred  eighteen  dollars 

and  eighty-seven  cents     .  .  .  .  .  .  6,118  87 

New  Salem,  thirty-nine  hundred  forty-four  dollars  and 

sixty-four  cents       .......  3,944  64 

Newbury,  forty-eight  hundred  seventy-three  dollars  and 

twenty  cents 4,873  20 

Newburyport,  twenty  thousand  four  hundred  fifty-four 

dollars  and  twenty-four  cents  .....  20,454  24 

Newton,  two  hundred  fifteen  thousand  four  hundred  sixty 

dollars  and  thirty-two  cents      .....        215,460  32 

Norfolk,  forty-three  hundred  eight  dollars  and  sixty-six 

cents 4,308  66 

North  Adams,  thirty-four  thousand  six  hundred  one  dol- 
lars and  thirty-six  cents  ......  34,601  36 

North  Andover,  fourteen  thousand  seven  hundred  ninety- 
three  dollars  and  thirty  cents  .....  14,793  30 

North  Attleborough,  seventeen  thousand  seven  hundred 

fifty-six  dollars  and  thirty  cents         ....  17,756  30 

North  Brookfield,  sixty-nine  hundred  sixty-seven  doUars 

and  eighty-four  cents       ......  6,967  84 

North  Reading,  fifty-two  hundred  thirty-two  doUars  and 

eighty-nine  cents     .......  5,232  89 

Northampton,  forty-one  thousand  six  hundred  fifty- 
three  dollars  and  sixty-three  cents     ....  41,653  63 

Northborough,  fifty-two  hundred  thirty-eight  dollars  and 

twenty-five  cents    .......  5,238  25 

Northbridge,  sixteen  thousand  one  hundred  thirty-one 

dollars  and  fifty-five  cents         .  .  .  .  .  16,131  55 

Northfield,  six  thousand  eighteen  dollars  and  thirty-five 

cents 6,018  35 

Norton,  sixty-one  hundred  sixty-two  dollars  and  ninety- 
nine  cents       ........  6,162  99 

Norwell,  fifty-three  hundred  twenty-three  dollars  and 
twenty  cents 5,323  20 

Norwood,  thirty-five  thousand  five  hundred  twenty-five 

dollars  and  seven  cents    ......  35,525  07 

Oak  Bluffs,  eighty-three  hundred  eighty-six  dollars  and 

nineteen  cents         .......  8,386  19 

Oakham,  twenty-eight  hundred  forty-four  dollars  and 

sixty-four  cents       .......  2,844  64 

Orange,  ten  thousand  seven  hundred  eighty  dollars  and 

eighty-three  cents 10,780  83 

Orleans,  sixty-four  hundred  forty-two  doUars  and  six 

cents 6,442  06 

Otis,  twenty-eight  hundred  ninety-nine  dollars  and  forty- 
nine  cents 2,899  49 

Oxford,  seventy-nine  hundred  seventy-two  dollars  and 

seventeen  cents       .......  7,972  17 

Palmer,  eighteen  thousand  six  hundred  eighteen  dollars 
and  fifty-six  cents 18,618  56 

Paxton,  twenty-eight  hundred  nine  dollars  and  eighteen 

cents 2,809  18 

Peabody,  thirty-six  thousand  nine  hundred  fifty  dollars 

and  thirty-three  cents 36,950  33 

Pelham,  nineteen  hundred  thirty-four  dollars  and  forty- 
three  cents 1,934  43 

Pembroke,  sixty-two  hundred  thirty-seven  dollars  and 

seventy-three  cents 6,237  73 

Peppereli,  seventy-three  hundred  fifty-seven  dollars  and 

sixty-three  cents 7,357  63 

Peru,  twenty-one  hundred  eighty-nine  dollars  and  sev- 
enty-nine cents 2,189  79 

Petersham,  fifty-two  hundred  sixty-eight  dollars  and 
eighty-seven  cents 6,268  87 


746  Acts,  1939. —  Chap.  504. 

Phillipston,  twenty-five  hundred  fifty-nine  dollars  and 
sixty-nine  cents       ....... 

Pittsfield,  eighty-nine  thousand  one  hundred  thirty-four 
dollars  and  forty-eight  cents     ..... 

Plainfield,  twenty-eight  hundred  seventy-four  dollars 
and  seventy-four  cents     ...... 

Plainville,  thirty-eight  hundred  eight  dollars  and  sixty- 
six  cents         ........ 

Plymouth,  thirty-six  thousand  three  hundred  eighty-two 
dollars  and  forty-nine  cents      ..... 

Plympton,  twenty-four  hundred  eighty-four  dollars  and 
forty-three  cents     ....... 

Prescott,  eighty-four  dollars  and  ninety-five  cents 

Princeton,  fifty-three  hundred  forty-eight  dollars  and 
ninety-seven  cents  ...... 

Provincetown,  sixty-five  hundred  forty-six  dollars  and 
forty  cents     ........ 

Quincy,  one  hundred  sixty-seven  thousand  nine  hundred 
twenty-seven  dollars  and  forty-one  cents  . 

Randolph,  eleven  thousand  three  hundred  forty-nine 
dollars  and  eighteen  cents         ..... 

Raynham,  forty-seven  hundred  ninety-eight  dollars  and 
forty-six  cents         ....... 

Reading,  twenty-four  thousand  nine  hundred  eleven  dol- 
lars and  eighty-seven  cents       ..... 

Rehoboth,  nine  thousand  seventeen  dollars  and  eighty- 
four  cents       ........ 

Revere,  fifty-five  thousand  seven  hundred  forty-seven 
dollars  and  sixty-six  cents         ..... 

Richmond,  twenty-seven  hundred  nineteen  dollars  and 
thirty-eight  cents    ....... 

Rochester,  forty-two  hundred  eighty-three  dollars  and 
ninety-two  cents     ....... 

Rockland,  thirteen  thousand  seven  hundred  thirty-seven 
dollars  and  ninety-four  cents    ..... 

Rockport,  eighty-eight  hundred  thirty  dollars  and  thirty- 
one  cents        ........ 

Rowe,  twenty-nine  hundred  thirty-four  dollars  and  forty- 
three  cents     ........ 

Rowley,  thirty-five  hundred  eighty-eight  dollars  and 
seventy-six  cents     ....... 

Royalston,  forty-five  hundred  thirty-nine  dollars  and 
twenty-eight  cents  ...... 

Russell,  forty-nine  hundred  twenty-seven  dollars  and 
fifty-three  cents      ....... 

Rutland,  fifty-three  hundred  fifty-three  dollars  and 
eighty-two  cents     ....... 

Salem,  seventy-nine  thousand  four  hundred  seventy- 
eight  dollars  and  ninety-one  cents     .... 

Salisbury,  fifty-four  hundred  twenty-seven  dollars  and 
fifty-three  cents      ....... 

Sandisfield,  forty-nine  hundred  thirty-four  dollars  and 
forty-three  cents     ....... 

Sandwich,  sixty-eight  hundred  thirty-two  dollars  and 
eighty-nine  cents    ....... 

Saugus,  twenty-three  thousand  eight  hundred  eighty- 
one  dollars  and  seventy-six  cents       .... 

Savoy,  thirty-one  hundred  four  dollars  and  eighty-five 
cents     ......... 

Scituate,  nineteen  thousand  one  hundred  thirty  dollars 
and  fifty-two  cents  ...... 

Seekonk,  ninety-six  hundred  fifty  dollars  and  seventy- 
three  cents     ........ 

Sharon,  eleven  thousand  three  hundred  twenty  dollars 
and  eleven  cents     ....... 


$2,559  69 

89,134  48 

2,874  74 

3,808  66 

36,382  49 

2,484  43 
84  95 

5,348  97 

6,546  40 

167,927  41 

11,349  18 

4,798  46 

24,911  87 

9,017  84 

55,747  66 

2,719  38 

4,283  92 

13,737  94 

8,830  31 

2,934  43 

3,588  76 

4,539  28 

4,927  53 

5,353  82 

79,478  91 

5,427  53 

4,934  43 

6,832  89 

23,881  76 

3,104  85 

19,130  52 

9,650  73 

11,320  11 

Acts,  1939.  —  Chap.  504.  747 

Sheffield,  six  thousand  seventy-three  dollars  and  seventy- 
one  cents $6,073  71 

Shelburne,  sixty-four  hundred  forty-two  dollars  and  fifty- 
eight  cents 6,442  58 

Sherborn,  fifty-eight  hundred  two  dollars  and  seventy- 
nine  cents 5,802  79 

Shirley,    fifty-one    hundred    eighty-eight    dollars    and 

twenty-five  cents    .  .  .  .  .  .  .  5,188  25 

Shrewsbury,  fifteen  thousand  two  hundred  sixty-seven 

dollars  and  fifty-three  cents      .....  15,267  53 

Shutesbury,  twenty-three  hundred  nine  dollars  and  sixty- 
nine  cents  2,309  69 

Somerset,  seventeen  thousand  five  hundred  thirty-five 

dollars  and  thirty-seven  cents  .....  17,535  37 

Somerville,  one  hundred  forty-nine  thousand  three  hun- 
dred fifty-seven  dollars  and  nine  cents       .  .  .        149,357  09 

South  Haciley,  fifteen  thousand  one  hundred  thirty-two 

dollars  and  fifty-eight  cents      .....  15,132  58 

Southampton,  forty-one  hundred  fifty-nine  dollars  and 

eighteen  cents         .......  4,159  18 

Southborough,  sixty-two  hundred  seven  dollars  and  sixty- 
three  cents 6,207  63 

Southbridge,  twenty-two  thousand  three  hundred  sev- 
enty-three dollars  and  sixty-two  cents        .  .  .  22,373  62 

Southwick,  fifty-one  hundred  thirty-three  dollars  and 

forty  cents 5,133  40 

Spencer,  twelve  thousand  two  hundred  seventy  dollars 

and  sixty-two  cents  ......  12,270  62 

Springfield,  three  hundred  sixty-two  thousand  six  hun- 
dred ninety-two  dollars  and  sixty-seven  cents     .  .        362,692  67 

Sterhng,  sixty-two  hundred  thirty-three  dollars  and  forty 
cents 6,233  40 

Stockbridge,  seventy-nine  hundred  seventy-six  dollars 

and  fifty  cents 7,976  50 

Stoneham,  twenty-two  thousand  three  hundred  sixty- 
eight  dollars  and  twenty-six  cents     ....  22,368  26 

Stoughton,  fourteen  thousand  nine  hundred  eighty-seven 

dollars  and  forty-three  cents     .....  14,987  43 

Stow,  forty-one  hundred  three  dollars  and  eighty-two 

cents 4,103  82 

Sturbridge,  fifty-seven  hundred  ninety-three  dollars  and 

sixty-one  cents 5,793  61 

Sudbury,  seven  thousand  seventy-two  dollars  and  sixty- 
eight  cents 7,072  68 

Sunderland,  thirty-three  hundred  fourteen  dollars  and 

two  cents 3,314  02 

Sutton,  sixty-nine  hundred  eighteen  dollars  and  thirty- 
five  cents 6,918  35 

Swampscott,  thirty-two  thousand  five  hundred  eighty- 
six  dollars  and  thirty-one  cents  ....  32,586  31 

Swansea,  ninety-three  hundred  one  dollars  and  twenty- 
four  cents 9,301  24 

Taunton,  fifty-seven  thousand  ninety-four  dollars  and 

eighty-seven  cents  .......  57,094  87 

Templeton,  seventy-nine  hundred  ninety-two  dollars  and 
six  cents 7,992  06 

Tewksbury,  eighty-nine  hundred  ninety-six  dollars  and 

thirty-nine  cents 8,996  39 

Tisbury,  seventy-four  hundred  seventy-five  dollars  and 

ninety-eight  cents  .......  7,475  98 

Tolland,  twenty-five  hundred  nine  dollars  and  sixty-nine 

cents 2,509  69 

Topsfield,  six  thousand  twenty-seven  dollars  and  fifty- 
three  cents 6,027  53 

Townsend,  sixty-seven  hundred  seventy-eight  dollars  and 
four  cents 6,778  04 


748 


Acts,  1939.  —  Chap.  504. 


Truro,    thirty-three    hundred    sixty-eight    dollars    and 

eighty-seven  cents  ...... 

Tyngsborough,  thirty-nine  hundred  eighteen  dollars  and 

eighty-seven  cents  ..... 

Tyringham,    eighteen   hundred   forty-four   dollars   and 

sixty-four  cents       ...... 

Upton,  fifty-one  hundred  twenty-three  dollars  and  sev 

enty-one  cents         ...... 

Uxbridge,  fourteen  thousand  seven  hundred  ninety-three 

dollars  and  eighty-two  cents     .... 
Wakefield,  thirty-one  thousand  two  hundred  seven  dol 

lars  and  seventy-five  cents        .... 
Wales,   seventeen  hundred  and  fifty-nine  dollars  and 

sixty-nine  cents       ...... 

Walpole,    twenty-one   thousand   nine   hundred   ninety 

three  dollars  and  fifty-two  cents 
Waltham,  seventy-seven  thousand  four  hundred  twenty 

five  dollars  and  sixty-one  cents 
Ware,  twelve  thousand  one  hundred  fifty-nine  dollars 

and  ninety  cents     ...... 

Wareham,  twenty-two  thousand  six  hundred  seventy 

eight  dollars  and  ninety-eight  cents  . 
Warren,  seventy-one  hundred  twenty-two  dollars  and 

sixty-eight  cents      ...... 

Warwick,  thirty-three  hundred  nine  dollars  and  sixty 

nine  cents       ....... 

Washington,  twenty-eight  hundred  eighty-nine  dollars 

and  seventy-nine  cents    ..... 
Watertown,  seventy-two  thousand  three  hundred  fifty 

two  dollars  and  ninety-two  cents 
Wayland,  ninety-eight  hundred  seventy-five  dollars  and 

forty-seven  cents     ...... 

Webster,  seventeen  thousand  four  hundred  eighty  dol 

lars  and  fifty-two  cents    ..... 
Wellesley,  fifty-four  thousand  three  hundred  thirty-four 

dollars  and  fifteen  cents  .... 

Wellfleet,  forty-four  hundred  eighty-three  dollars  and 

forty  cents     ....... 

Wendell,   thirty-five  hundred  four  dollars  and  thirty 

three  cents     ....... 

Wenham,  fifty-six  hundred  twenty-two  dollars  and  seven 

teen  cents       ....... 

West  Boylston,  forty-eight  hundred  seventy-three  dol 

lars  and  twenty  cents      ..... 
West  Bridgewater,  sixty-four  hundred  seventeen  dollars 

and  thirty-two  cents        ...... 

West  Brookfield,   forty-six  hundred  three  dollars  and 

eighty-two  cents      ...... 

West  Newbury,  thirty-seven  hundred  eighteen  dollars 

and  eighty-seven  cents    ..... 
West  Springfield,  thirty-seven  thousand  ten  dollars  and 

two  cents       ....... 

West  Stockbridge,  thirty-four  hundred  ninety-eight  dol 

lars  and  ninety-seven  cents       .... 
West  Tisbury,  sixteen  hundred  sixty-nine  dollars  and 

thirty-eight  cents    ...... 

Westborough,   ninety-three  hundred  eighty-six  dollars 

and  nineteen  cents  ..... 

Westfield,   thirty-three  thousand  one   hundred  thirty 

three  dollars  and  fifty-two  cents 
Westford,  ten  thousand  seventy-six  dollars  and  fifty  cents 
Westhampton,  twenty-eight  hundred  nine  dollars  and 

sixi-y-nine  cents       ...... 

Westminster,   sixty-two  hundred  seventy-eight  dollars 

and  fifty-six  cents  ...... 


$3,368  87 

3,918  87 

1,844  64 

5,123  71 

14,793  82 

31,207  75 

1,759  69 

21,993  52 

77,425  61 

12,159  90 

22,678  98 

7,122  68 

3,309  69 

2,889  79 

72,352.  92 

9,875  47 

17,480  52 

54,334  15 

4,483  40 

^3,504  33 

5,622  17 

4,873  20 

6,417  32 

4,603  82 

3,718  87 

37,010  02 

3,498  97 

1,669  38 

9,386  19 

33,133  52 
10,076  50 

2,809  69 

6,278  56 

Acts,  1939.  —  Chap.  505. 


749 


Weston,  fifteen  thousand  two  hundred  twenty-seven 
dollars  and  twenty-two  cents    ..... 

Westport,  thirteen  thousand  four  hundred  seventy-five 
dollars  and  forty-seven  cents    ..... 

Westwood,  ninety-two  hundred  thirty-five  dollars  and 
sixty-seven  cents     ....... 

Weymouth,  sixty-five  thousand  one  hundred  seventy- 
seven  dollars  and  ninety-seven  cents 

Whately,  thirty-six  hundred  fourteen  dollars  and  two 
cents     ......... 

Whitman,  thirteen  thousand  two  hundred  sixty-eight 
dollars  and  five  cents      ...... 

Wilbraham,  sixty-five  hundred  thirty-two  dollars  and 
thirty-seven  cents  ....... 

Williamsburg,  thirty-eight  hundred  eighty-three  dollars 
and  ninety-two  cents       ...... 

Wllliamstown,  thirteen  thousand  three  hundred  twenty- 
nine  dollars  and  twenty-eight  cents  .... 

Wilmington,  eighty-two  hundred  eleven  dollars  and  forty- 
five  cents        ........ 

Winchendon,  thirteen  thousand  seven  hundred  sixty-five 
dollars  and  twenty-six  cents     .  .  .  .  . 

Winchester,  forty-three  thousand  six  hundred  dollars 
and  two  cents  ....... 

Windsor,  thirty-eight  hundred  forty-four  dollars  and 
sixty-four  cents       ....... 

Winthrop,  thirty-three  thousand  three  hundred  ninety 
dollars  and  sixty-four  cents       .  .  .  .  . 

Woburn,  thirty-one  thousand  seven  hundred  thirty-seven 
dollars  and  eighty-five  cents     .  .  .  .  . 

Worcester,  three  hundred  ninety-three  thousand  one 
hundred  fifty-four  dollars  and  twenty-three  cents 

Worthington,  forty-two  hundred  forty-nine  dollars  and 
forty-eight  cents      ....... 

Wrentham,  seventy-one  hundred  sixty-one  dollars  and 
ninety-six  cents       ....... 

Yarmouth,  ten  thousand  three  hundred  twenty  dollars 
and  sixty-two  cents  ...... 


$15,227  22 
13,475  47 

9,235  67 
65,177  97 

3,614  02 
13,268  05 

6,532  37 

3,883  92 
13,329  28 

8,211  45 
13,765  26 
43,600  02 

3,844  64 

33,390  64 

31,737  85 

393,154  23 

4,249  48 

7,161  96 

10,320  62 

Section  2.  Any  payment  heretofore  made  to  a  city  or 
town  under  said  chapter  two  hundred  and  thirty-two  prior 
to  the  effective  date  of  this  act  shall  be  retained  by  such  city 
or  town  but  shall  reduce  in  hke  amount  the  sum  payable  to 
such  city  or  town  under  said  chapter  as  amended  by  section 
one  of  this  act.  Approved  August  12,  1939. 


An  Act  further  regulating  the  licensing  and  conduct  qj^q^j^  595 

of  dog  races  on  which  the  pari-mutuel  system  of         ^  " 

betting  shall  be  permitted. 

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

Section  1.     Section  three  of  chapter  one  hundred  ^i^d  g.  l.  (jer. 
twenty-eight  A  of  the  General  Laws  is  hereby  amended  by  §3?  etc.,   ' 
striking  out  paragraph  (e),  as  appearing  in  section  three  of  '^'"ended. 
chapter  three  hundred  and  seventy-four  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  and  inserting  in  place  thereof 
the  following :  — 


750 


Acts,  1939. —  Chap.  506. 


Race 

meeting 
dates. 


G.  L.  (Ter. 
Ed.).  128A, 
§  3,  etc., 
further 
amended. 


Dog 
racing. 


(e)  Such  dog  racing  meetings  may  be  held  only  between 
the  eighteenth  day  of  April  and  the  thirty-first  day  of  Octo- 
ber, both  dates  inclusive,  in  any  year;  provided,  that  the 
commission  shall  order  the  suspension  of  a  dog  racing  meet- 
ing, except  one  held  in  connection  with  a  state  or  county  fair, 
during  any  week,  between  the  fifteenth  day  of  August  and  the 
thirtieth  day  of  September,  both  dates  inclusive,  in  which  a 
state  or  county  fair  is  to  be  conducted  by  an  incorporated 
agricultural  or  horticultural  society  within  fifty  miles  of  such 
racing  meeting  if  on  or  before  the  fifteenth  day  of  April  pre- 
ceding such  meeting  an  affidavit  is  filed  with  the  commission 
by  the  officers  of  such  society  stating  that  in  their  belief  such 
dog  racing  meeting  will  be  in  competition  with  said  fair. 

Section  2.  Said  section  three  of  said  chapter  one  hun- 
dred and  twenty-eight  A  is  hereby  further  amended  by  strik- 
ing out  paragraph  (i),  as  so  appearing,  and  inserting  in  place 
thereof  the  following :  — 

(t)  No  Ucenses  shall  be  issued  to  permit  dog  racing  meet- 
ings to  be  held  or  conducted,  except  in  connection  with  a 
state  or  county  fair,  at  the  same  time  at  more  than  one  race 
track  within  the  same  county  or  within  twenty-five  miles  of 
another  dog  race  track,  nor  at  any  time  at  more  than  four 
race  tracks  within  the  commonwealth,  nor  at  a  dog  race 
track  having  a  racing  strip  of  less  than  three  sixteenths  of  a 
mile  for  outdoor  tracks  and  one  fifth  of  a  mile  for  indoor 
tracks. 

Section  3.  In  the  case  of  any  dog  racing  meeting  be- 
tween the  fifteenth  day  of  August  and  the  thirty-first  day 
of  October,  both  dates  inclusive,  in  the  current  year,  the  state 
racing  commission  shall  order  such  racing  meeting,  unless 
held  in  connection  with  a  state  or  county  fair,  to  be  suspended 
during  any  week,  between  the  fifteenth  day  of  August  and 
the  thirtieth  day  of  September,  both  dates  inclusive,  of  said 
year,  in  which  a  state  or  county  fair  is  to  be  conducted  by 
an  incorporated  agricultural  or  horticultural  society  within 
fifty  miles  of  such  racing  meeting  if,  on  or  before  the  fifteenth 
day  of  August  in  said  year,  an  affidavit  is  filed  with  said 
commission  by  the  officers  of  such  society  stating  that  in  their 
belief  such  dog  racing  meeting  will  be  in  competition  with 
said  fair.  Approved  August  12,  1939. 


Chap.  606  An  Act  relative  to  appointments,  promotions  and  trans- 
fers UNDER  THE  CIVIL  SERVICE  LAWS,  AND  RELATIVE  TO 
CERTAIN  DUTIES  OF  THE  DIRECTOR  OF  CIVIL  SERVICE. 


Emergency 
preamble. 


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

Be  it  enacted,  etc.,  as  follows: 

^'^CT^'^ON  1.     Section  two  A  of  chapter  thirty-one  of  the 
etc.ramended.'   General  Laws,  inserted  by  section  eleven  of  chapter  two 


G.  L.  (Ter. 
Ed.).  31.  §  2A. 


Acts,  1939.  —  Chap.  506.  751 

hundred  and  thirty-eight  of  the  acts  of  the  current  year,  is 
hereby  amended  by  striking  out  clause  (b)  and  inserting  in 
place  thereof  the  following :  — 

(6)  Establish,  with  the  approval  of  the  commission,  clas-  Plans, 
sification  plans  for  all  cities  and  towns  subject  to  the  pro- 
visions of  this  chapter; 

Section  2,  Said  chapter  thirty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  fifteen,  as  most  recently  ftl!  amended. 
amended  by  section  twenty-one  of  said  chapter  two  hundred 
and  thirty-eight,  and  inserting  in  place  thereof  the  follow- 
ing:—  Section  15.  No  person  shall  be  appointed  or  pro- Appointments, 
moted  to  any  position  in  the  classified  civil  service  except  ^^^' 
upon  requisition  by  the  appointing  officer  and  upon  certifi- 
cation by  the  director  from  an  eligible  hst  prepared  in  ac- 
cordance with  this  chapter  and  the  rules  and  regulations 
made  thereunder.  If  there  is  no  such  list,  or  if  the  director 
is  unable  to  comply  with  a  requisition,  he  may,  subject  to 
section  twenty-five,  authorize  a  provisional  appointment. 
Such  a  provisional  appointment  may  be  authorized  to  fill  a 
permanent  position  for  a  period  of  not  more  than  ninety 
days,  and  may  be  renewed  for  an  additional  ninety  days,  and 
no  person  shall  be  certified  for  more  than  one  such  provi- 
sional appointment  and  renewal  in  any  twelve-month  period. 
Authorization  to  make  a  provisional  appointment  shall  be 
void  if  not  exercised  within  two  weeks  from  the  date  thereof. 
The  director  shall  forthwith  conduct  an  examination  and 
estabhsh  an  eligible  list  for  such  a  position  within  six  months 
after  such  authorization.  A  provisional  appointment  to  fill 
a  permanent  position  shall  be  terminated  by  the  director 
upon  the  establishment  of  an  eligible  list  for  such  a  position, 
and  it  may  be  terminated  by  the  director  at  any  time. 

Except  as  otherwise  provided  in  sections  nineteen  A, 
twenty  A,  twenty-two,  forty-two  and  forty-nine  A  of  this 
chapter,  section  thirty-six  of  chapter  forty-eight,  section 
eleven  of  chapter  one  hundred  and  twenty-seven,  section 
four  of  chapter  two  hundred  and  seventy-three  of  the  acts 
of  nineteen  hundred  and  thirteen,  and  section  four  of  chapter 
three  hundred  and  seventy-two  of  the  acts  of  nineteen  hun- 
dred and  fourteen,  no  person  shall  receive  an  original  appoint- 
ment to  the  classified  official  service  of  the  commonwealth 
or  any  city  or  town  thereof  subject  to  the  provisions  of  this 
chapter  otherwise  than  by  virtue  of  a  competitive  examina- 
tion unless  (a)  the  director  shall  certify  that  he  has  previously 
held  a  competitive  examination  for  the  position  involved 
and  has  been  unable  to  establish  an  eligible  list  of  at  least 
two  persons,  or  unless  (6)  a  position  not  under  civil  service 
is  placed  thereunder  by  virtue  of  a  statute  or  rule  and  the 
director  makes  recommendations  supported  by  four  affirma- 
tive votes  of  the  commission  to  include  under  civil  service 
any  present  incumbents  of  the  position. 

In  cases  arising  under  the  provisions  of  said  clause  (a),  a 
person  to  be  selected  by  the  appointing  officer  in  accordance 
with  this  chapter  and  rules  made  thereundet  may  be  ap- 


752 


Acts,  1939. —  Chap.  506. 


G.  L.  (Ter. 
Ed.),  31,  § 
inserted. 


Transfers 
within  the 
classified 


pointed  subject  to  passing  a  non-competitive  or  qualifying 
examination,  as  the  director  may  authorize.  If  one  person 
passes  a  competitive  examination  and  the  appointing  official 
signifies  his  desire  to  appoint  said  person  to  the  position,  the 
appointment  shall  be  authorized  by  the  director. 

A  provisional  appointment  to  fill  a  temporary  position 
shall  continue  for  the  period  for  which  it  was  authorized; 
provided,  that  no  such  appointment  shall  be  made  for  more 
than  ninety  days,  and  the  director  may  authorize  not  more 
than  one  further  provisional  appointment  to  the  same  tempo- 
rary position  in  any  twelve-month  period.  Any  alteration 
in  the  nature  of  the  employment  of  a  person  holding  a  pro- 
visional appointment  or  any  increase  in  salary  thereof  shall 
immediately  terminate  such  an  appointment. 

In  case  of  an  emergency,  which  could  not  have  been  fore- 
seen and  where  the  public  business  would  be  seriously  im- 
peded by  delay  in  filling  any  position  in  the  manner  pro- 
vided by  law,  an  appointing  officer  may  make  an  emergency 
appointment  without  requisition;  but  in  no  case  shall  such 
emergency  appointment  continue  for  more  than  ten  days, 
and  in  every  such  case  he  shall  forthwith  report  the  same  to 
the  director,  stating  the  reason  therefor,  in  such  form  and 
detail  as  the  director  may  prescribe,  and  the  time,  not  ex- 
ceeding ten  days,  for  which  such  employment  is  to  last.  No 
such  emergency  appointment  shall  be  renewed  except  with 
the  consent  of  the  director  or  be  renewed  more  than  once, 
and  no  person  shall  receive  more  than  one  such  appointment 
in  any  twelve-month  period.  Vacancies  of  which  an  appoint- 
ing authority  has  had,  or  might  with  due  diligence  have, 
reasonable  knowledge  shall  not  be  considered  an  emergency 
under  this  section. 

Except  in  police  and  fire  departments,  an  appointing 
official  may,  with  the  approval  of  the  director,  promote  in 
the  official  service  an  employee  in  one  grade  to  the  next 
higher  grade,  provided  such  employee  has  been  employed 
at  least  three  years  in  the  lower  grade,  is  one  of  the  three 
oldest  employees  therein  in  point  of  service,  and  passes  an 
examination  prescribed  by  the  director.  Otherwise,  any 
promotion  shall  be  made  after  a  competitive  promotional 
examination  open  to  the  next  lower  grades  in  succession 
until  a  sufficient  number  of  applicants  to  hold  a  competitive 
examination  is  obtained.  In  case  an  eHgible  list  of  at  least 
two  persons  is  not  established  from  such  promotional  exami- 
nation, the  position  shall  be  filled  after  open  competitive 
examination;  provided,  that  if  there  be  only  one  person  on 
said  eligible  list  the  appointing  official  may  appoint  such 
person. 

Section  3.  Said  chapter  thirty-one  is  hereby  further 
amended  by  inserting  after  section  sixteen,  as  appearing  in 
the  Tercentenary  Edition,  the  following  new  section :  — 
Section  16 A.  The  director  shall,  with  the  approval  of  the 
commission,  provide  by  rule  for  the  transfer  of  persons 
within  the  classified  service  from  ofiices  or  positions  in  one 


Acts,  1939.  —  Chap.  507.  753 

department  to  offices  or  positions  in  the  same  or  different 
departments,  and  for  the  temporary  transfer  of  such  per- 
sons for  a  period  not  to  exceed  six  months,  without  regard  to 
classification  if,  in  his  opinion,  such  transfers  will  be  in  the 
public  interest.  No  such  transfer  shall  be  made  without  the 
approval  and  consent  of  the  appointing  authority  in  the 
department  or  departments  involved.  Except  as  otherwise 
provided  by  law,  any  person  duly  certified  for  permanent 
employment  and  actually  employed  for  at  least  one  year  in 
any  position  in  the  classified  civil  service  may,  after  applica- 
tion in  writing  to  the  director  by  the  appointing  authority 
and  with  the  consent  of  the  director,  be  transferred  to  another 
similar  position.  No  employee  shall  be  permanently  trans- 
ferred from  a  position  in  one  class  to  a  position  of  higher 
rank  or  for  which  there  are  substantially  dissimilar  require- 
ments for  appointment  unless  he  is  appointed  to  the  latter 
position  after  certification,  in  accordance  with  the  provisions 
of  this  chapter  and  the  rules  made  thereunder. 

Approved  August  12,  1939. 


Chap. 507 


An    Act    to    establish    councillor    and    senatorial 
districts. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fifty-seven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  two,  as  appearing  in  ameAciJci.^  ^' 
the  Tercentenary'  Edition,  and  inserting  in  place  thereof  the 
following:  —  Section  2.    For  the  purpose  of  choosing  coun-  Councillor 
cillors  until  the  next  decermial  apportionment,  the  com-  districts. 
monwealth  is  divided,  conformably  with  the  constitution, 
into  the  following  eight  councillor  districts:  — 

First,  —  Consisting  of  the  Cape  and  Plymouth,  the  First, 
Second  and  Third  Bristol,  and  the  Plymouth  senatorial 
districts. 

Second,  —  Consisting  of  the  First  and  Second  Norfolk, 
the  Norfolk  and  Plymouth,  the  Norfolk  and  Suffolk,  and 
the  Sixth  Suffolk  senatorial  districts. 

Third,  —  Consisting  of  the  First  and  Fifth  Middlesex,  the 
Middlesex  and  Suffolk,  Middlesex  and  Norfolk,  and  the 
Third  Suffolk  senatorial  districts. 

Fourth,  —  Consisting  of  the  First,  Second,  Fourth,  Fifth 
and  Seventh  Suffolk  senatorial  districts. 

Fifth,  —  Consisting  of  the  First,  Second,  Third,  Fourth 
and  Fifth  Essex  senatorial  districts. 

Sixth,  —  Consisting  of  the  Second,  Third,  Fourth,  Sixth 
and  Seventh  Middlesex  senatorial  districts. 

Seventh,  —  Consisting  of  the  First,  Second,  Third  and 
Fourth  Worcester,  and  the  Worcester  and  Hampden  sena- 
torial districts. 

Eighth,  —  Consisting  of  the  Berkshire,  the  Franklin  and 
Hampshire,  the  First  and  Second  Hampden,  and  the  Hamp- 
den, Hampshire  and  Berkshire  senatorial  districts. 


754 


Acts,  1939. —  Chap.  507. 


G.  L.  (Ter. 
Ed.),  57,  §  3. 
amended. 


Senatorial 
districts. 


Section  2.  Said  chapter  fifty-seven  is  hereby  further 
amended  by  striking  out  section  three,  as  so  appearing,  and 
inserting  in  place  thereof  the  following :  —  Section  S.  For 
the  purpose  of  choosing  senators  until  the  next  decennial  ap- 
portionment, the  commonwealth  is  divided,  conformably  with 
the  constitution,  into  the  following  senatorial  districts :  — 

Cape  and  Plymouth,  —  Consisting  of  the  towns  in  Barn- 
stable, Dukes  and  Nantucket  counties,  and  the  towns  of 
Carver,  Duxbury,  Halifax,  Hanson,  Kingston,  Marion, 
Mattapoisett,  Pembroke,  Plymouth,  Plympton,  Rochester, 
Wareham  and  Whitman,  all  in  the  county  of  Plymouth. 

First  Bristol,  —  Consisting  of  the  cities  of  Attleboro  and 
Taunton,  and  the  towns  of  Acushnet,  Berkley,  Dighton, 
Easton,  Freetown,  Mansfield,  North  Attleborough,  Norton, 
Raynham,  Rehoboth,  Seekonk  and  Swansea,  all  in  the 
county  of  Bristol,  and  the  town  of  Plainville,  in  the  county 
of  Norfolk. 

Second  Bristol,  —  Consisting  of  the  city  of  Fall  River  and 
the  town  of  Somerset,  both  in  the  county  of  Bristol. 

Third  Bristol,  —  Consisting  of  the  city  of  New  Bedford 
and  the  towns  of  Dartmouth,  Fairhaven  and  Westport,  all 
in  the  county  of  Bristol. 

Plymouth,  —  Consisting  of  the  city  of  Brockton  and  the 
towns  of  Bridgewater,  East  Bridgewater,  Lakeville,  Middle- 
borough  and  West  Bridgewater,  all  in  the  county  of  Plym- 
outh. 

First  Norfolk,  —  Consisting  of  the  city  of  Quincy  and  the 
town  of  Braintree,  both  in  the  county  of  Norfolk. 

Second  Norfolk,  —  Consisting  of  the  towns  of  Canton, 
Dedham,  Dover,  Milton,  Needham,  Norwood,  Walpole, 
Wellesley  and  Westwood,  all  in  the  county  of  Norfolk. 

Norfolk  and  Plymouth,  —  Consisting  of  the  towns  of 
Avon,  Cohasset,  Foxborough,  Holbrook,  Randolph,  Sharon, 
Stoughton  and  Weymouth,  all  in  the  county  of  Norfolk; 
and  the  towns  of  Abington,  Hanover,  Hingham,  Hull, 
Marshfield,  Norwell,  Rockland  and  Scituate,  all  in  the 
county  of  Plymouth. 

Norfolk  and  Suffolk,  —  Consisting  of  the  town  of  Brook- 
line,  in  the  county  of  Norfolk;  and  ward  twenty  of  the  city 
of  Boston,  in  the  county  of  Suffolk. 

First  Suffolk,  —  Consisting  of  the  cities  of  Chelsea  and 
Revere  and  the  town  of  Winthrop,  all  in  the  county  of  Suffolk. 

Second  Suffolk,  —  Consisting  of  wards  numbered  one, 
two  and  three  of  the  city  of  Boston,  in  the  county  of  Suffolk; 
and  ward  numbered  one  of  the  city  of  Cambridge,  in  the 
county  of  Middlesex. 

Third  Suffolk,  —  Consisting  of  wards  numbered  four,  five 
and  twenty-one  of  the  city  of  Boston,  in  the  county  of  Suf- 
folk, and  the  ward  numbered  two  of  the  city  of  Cambridge, 
in  the  county  of  Middlesex. 

Fourth  Suffolk,  —  Consisting  of  wards  numbered  six, 
seven,  eight  and  thirteen  of  the  city  of  Boston,  in  the  county 
of  Suffolk. 


Acts,  1939.  — Chap.  507.  755 

Fifth  Suffolk,  —  Consisting  of  wards  numbered  nine, 
ten,  eleven  and  nineteen  of  the  city  of  Boston,  in  the  county 
of  Suffolk. 

Sixth  Suffolk,  —  Consisting  of  wards  numbered  twelve, 
fourteen  and  eighteen  of  the  city  of  Boston,  in  the  county  of 
Suffolk. 

Seventh  Suffolk,  —  Consisting  of  wards  numbered  fifteen, 
sixteen  and  seventeen  of  the  city  of  Boston,  in  the  county  of 
Suffolk. 

First  Middlesex,  —  Consisting  of  wards  numbered  two, 
three,  four,  five,  six,  seven,  eight  and  eleven  of  the  city  of 
Lowell,  and  the  towns  of  Ashby,  Ayer,  Carlisle,  Chelmsford, 
Dracut,  Dunstable,  Groton,  Littleton,  Pepperell,  Shirley, 
Townsend,  Tyngsborough  and  Westford,  all  in  the  county 
of  Middlesex. 

Second  Middlesex,  —  Consisting  of  wards  numbered  four, 
six,  seven,  eight,  nine,  ten  and  eleven  of  the  city  of  Cam- 
bridge; wards  numbered  six  and  seven  of  the  city  of 
Somerville;  and  the  town  of  Belmont,  all  in  the  county  of 
Middlesex. 

Third  Middlesex,  —  Consisting  of  ward  numbered  three 
of  the  city  of  Cambridge;  ward  numbered  two  of  the  city  of 
Maiden;  wards  numbered  one,  five  and  seven  of  the  city  of 
Medford;  and  wards  numbered  one,  two,  three,  four  and 
five  of  the  city  of  Somerville,  all  in  the  county  of  Middlesex. 

Fourth  Middlesex,  —  Consisting  of  the  city  of  Everett; 
wards  numbered  one,  three,  four,  five,  six  and  seven  of  the 
city  of  Maiden;  and  the  city  of  Melrose,  all  in  the  county  of 
Middlesex. 

Fifth  Middlesex,  —  Consisting  of  the  city  of  Waltham 
and  the  towns  of  Acton,  Boxborough,  Concord,  Hudson, 
Lincoln,  Maynard,  Stow,  Sudbury  and  Watertown,  all  in 
the  county  of  Middlesex. 

Sixth  Middlesex,  —  Consisting  of  wards  numbered  two, 
three,  four  and  six  of  the  city  of  Medford;  the  city  of 
Woburn;  and  the  towns  of  Arlington  and  Winchester,  all 
in  the  county  of  Middlesex. 

Seventh  Middlesex,  —  Consisting  of  wards  numbered  one, 
nine  and  ten  of  the  city  of  Lowell,  and  the  towns  of  Bedford, 
Billerica,  Burlington,  Lexington,  Reading,  Stoneham,  Tewks- 
bury,  Wakefield  and  Wilmington,  all  in  the  county  of  Mid- 
dlesex. 

Middlesex  and  Norfolk,  —  Consisting  of  the  city  of  Marl- 
borough, with  the  towns  of  Ashland,  Framingham,  Hollis- 
ton,  Hopkinton,  Natick,  Sherborn,  Wayland  and  Weston, 
all  in  the  county  of  Middlesex;  the  towns  of  Bellingham, 
Franklin,  Medfield,  Med  way,  Millis,  Norfolk  and  Wrentham, 
all  in  the  county  of  Norfolk;  and  the  town  of  Blackstone,  in 
the  county  of  Worcester. 

Middlesex  and  Suffolk,  —  Consisting  of  ward  numbered 
five  of  the  city  of  Cambridge,  and  the  city  of  Newton,  all 
in  the  county  of  Middlesex;  and  ward  numbered  twenty- 
two  of  the  city  of  Boston,  in  the  county  of  Suffolk. 


756  Acts,  1939.  —  Chap.  507. 

First  Essex,  —  Consisting  of  the  city  of  Lynn  and  the 
towns  of  Nahant  and  Swampscott,  all  in  the  county  of 
Essex. 

Second  Essex,  —  Consisting  of  the  cities  of  Beverly  and 
Salem,  and  the  towns  of  Danvers  and  Marblehead,  all  in 
the  county  of  Essex. 

Third  Essex,  —  Consisting  of  the  cities  of  Gloucester, 
Newburyport  and  Peabody,  and  the  towns  of  Essex,  Ham- 
ilton, Ipswich,  Lynnfield,  Manchester,  Middleton,  Newbury, 
Rockport,  Rowley,  Saugus,  Topsfield  and  Wenham,  all  in 
the  county  of  Essex. 

Fourth  Essex,  —  Consisting  of  the  city  of  Haverhill,  and 
the  towns  of  Amesbury,  Andover,  Boxford,  Georgetown, 
Groveland,  Merrimac,  North  Andover,  Salisbury  and  West 
Newbury,  all  in  the  county  of  Essex;  and  the  town  of  North 
Reading,  in  the  county  of  Middlesex. 

Fifth  Essex,  —  Consisting  of  the  city  of  Lawrence  and 
the  town  of  Methuen,  both  in  the  county  of  Essex. 

First  Worcester,  —  Consisting  of  wards  numbered  five, 
six,  seven,  eight  and  nine  of  the  city  of  Worcester,  and 
the  towns  of  Leicester  and  Millbury,  all  in  the  county  of 
Worcester. 

Second  Worcester,  —  Consisting  of  wards  numbered  one, 
two,  three,  four  and  ten  of  the  city  of  Worcester,  and  the 
town  of  Holden,  all  in  the  county  of  Worcester. 

Third  Worcester,  —  Consisting  of  the  cities  of  Fitchburg, 
Gardner  and  Leominster,  and  the  towns  of  Ashburnham, 
Athol,  Harvard,  Lancaster,  Lunenburg,  Phillipston,  Royal- 
ston,  Templeton,  Westminster  and  Winchendon,  all  in  the 
county  of  Worcester. 

Fourth  Worcester,  —  Consisting  of  the  towns  of  Auburn, 
Douglas,  Dudley,  Grafton,  Hopedale,  Mendon,  Milford, 
Millville,  Northbridge,  Oxford,  Shrewsbury,  Southborough, 
Sutton,  Upton,  Uxbridge,  Webster  and  Westborough,  all  in 
the  county  of  Worcester. 

Worcester  and  Hampden,  —  Consisting  of  the  towns  of 
Barre,  Berlin,  Bolton,  Boylston,  Brookfield,  Charlton,  Clin- 
ton, Dana,  East  Brookfield,  Hardwick,  Hubbardston,  New 
Braintree,  Northborough,  North  Brookfield,  Oakham,  Pax- 
ton,  Petersham,  Princeton,  Rutland,  Southbridge,  Spencer, 
Sterling,  Sturbridge,  Warren,  West  Boylston  and  West 
Brookfield,  all  in  the  county  of  Worcester;  and  the  towns 
of  Brimfield,  East  Longmeadow,  Hampden,  Holland,  Mon- 
son,  Palmer,  Wales  and  Wilbraham,  all  in  the  county  of 
Hampden. 

Berkshire,  —  Consisting  of  the  cities  of  North  Adams  and 
Pittsfield,  and  the  towns  of  Adams,  Becket,  Cheshire, 
Clarksburg,  Dalton,  Florida,  Hancock,  Hinsdale,  Lanes- 
borough,  Lenox,  New  Ashford,  Peru,  Richmond,  Savoy, 
Stockbridge,  Washington,  West  Stockbridge,  WiUiamstown 
and  Windsor,  all  in  the  county  of  Berkshire. 

Franklin  and  Hampshire,  —  Consisting  of  all  the  towns 
in  the  county  of  Franklin;   the  towns  of  Amherst,  Belcher- 


Acts,  1939.  —  Chap.  508.  757 

town,  Chesterfield,  Cummington,  Easthampton,  Enfield, 
Goshen,  Granby,  Greenwich,  Hadley,  Hatfield,  Huntington, 
Middlefield,  Pelham,  Plainfield,  Prescott,  South  Hadley, 
Ware,  Williamsburg  and  Worthington,  all  in  the  county  of 
Hampshire;  and  the  town  of  Ludlow,  in  the  county  of 
Hampden. 

First  Hampden,  —  Consisting  of  wards  numbered  two, 
four,  five,  six,  seven  and  eight  of  the  city  of  Springfield,  and 
the  town  of  Longmeadow,  all  in  the  county  of  Hampden. 

Second  Hampden,  —  Consisting  of  the  cities  of  Chicopee 
and  Holyoke,  and  ward  numbered  one  of  the  city  of  Spring- 
field, all  in  the  county  of  Hampden. 

Hampden,  Hampshire  and  Berkshire,  —  Consisting  of  the 
city  of  Westfield,  ward  numbered  three  of  the  city  of  Spring- 
field, and  the  towns  of  Agawam,  Blandford,  Chester,  Gran- 
ville, Montgomery,  Russell,  Southwick,  Tolland  and  West 
Springfield,  all  in  the  county  of  Hampden;  the  city  of 
Northampton  and  the  towns  of  Southampton  and  West- 
hampton,  all  in  the  county  of  Hampshire;  and  the  towns  of 
Alford,  Egremont,  Great  Barrington,  Lee,  Monterey,  Mount 
Washington,  New  Marlborough,  Otis,  Sandisfield,  Sheflaeld 
and  Tyringham,  all  in  the  county  of  Berkshire. 

Approved  August  12,  1939. 


An  Act  making  miscellaneous  changes  in  the  laws  of  fh^jj.  kqo 

THE  commonwealth  WHICH  HAVE  BECOME  NECESSARY  OR  ^' 

ADVISABLE  BY  REASON  OF  THE  INITIATIVE  AMENDMENT  TO 
THE  CONSTITUTION  PROVIDING  FOR  BIENNIAL  SESSIONS  OF 
THE   GENERAL  COURT  AND   FOR  A   BIENNIAL   BUDGET. 

Be  it  enacted,  etc.,  as  follows: 

Section  L    Section  five  of  chapter  three  of  the  General  §;,^Ff; 
Laws,  as  amended  by  section  one  of  chapter  three  hundred  etc!, 'amended. 
and  sixty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  inserting  in  the  twenty- 
second  line,  after  the  word  "December"  the  words:  —  next 
preceding  such  session,  —  so  as  to  read  as  follows :  —  Sec-  Notice  of  cer- 
tion  5.    Whoever  intends  to  present  to  the  general  court  a  to'generai""^ 
petition  for  the  incorporation  of  a  city  or  town,  for  the  court  to  be 
annexation  of  one  municipality  to  another,  for  the  consoli-  ^" 
dation  of  two  or  more  municipalities  or  for  the  division  of 
an  existing  municipahty,  or  for  the  incorporation  or  revival 
of  a  railroad,  street  railway,  elevated  railroad,  canal,  tele- 
phone, telegraph,  water,  gas,  electric  light,  power  or  other 
public  service  corporation,  for  the  amendment,  alteration 
or  extension  of  the  charter  or  corporate  powers  or  privi- 
leges,  or  for  the  change  of  name,  of  any  such  company, 
whether  specially  incorporated  or  organized  under  general 
laws,  or  for  authority  to  take  water  for  a  water  supply,  or 
relative  to  building  structures  in  or  over  navigable  or  tide 
waters,  shall  give  notice  of  such  petition  by  publishing  a 
copy  thereof  once  in  each  of  three  successive  weeks  in  such 


758 


Acts,  1939.  — Chap.  508. 


G.  L.  (Ter. 
Ed.),  3,  §  20. 
amended. 


Compensation 
for  travel  to 
doorkeepers, 
etc. 


G.  L.  (Ter. 
Ed.),  3,  §  22 
amended. 


Custody  of 
journals,  etc. 


newspapers  as  the  state  secretary,  having  regard  to  the 
locality  of  the  interests  involved  in  such  petition,  shall 
direct,  the  last  publication  to  be  made  at  least  twenty-four 
days  before  the  session  at  which  the  petition  is  to  be  pre- 
sented. Such  petition  with  a  bill  embodying  in  substance 
the  legislation  petitioned  for  shall  be  deposited  on  or  before 
the  third  Saturday  of  December  next  preceding  such  ses- 
sion in  the  office  of  the  state  secretary,  with  proof  of  publi- 
cation satisfactory  to  him,  and  he  shall  file  said  petition  and 
bill  forthwith  with  the  clerk  of  the  house  of  representatives, 
with  his  endorsement  that  the  required  publication  has  been 
made. 

Every  petition  seeking  as  aforesaid  the  incorporation  or 
revival  or  change  of  name  of  a  public  service  corporation 
and  every  petition  by  or  on  behalf  of  such  a  corporation 
seeking  as  aforesaid  legislation  otherwise  amending,  alter- 
ing or  extending  the  charter  or  corporate  powers  or  privi- 
leges of  such  a  corporation  shall  be  accompanied  by  a  fee 
of  twenty-five  dollars  which  shall  be  paid  to  the  common- 
wealth. 

Section  2.  Said  chapter  three  is  hereby  further  amended 
by  striking  out  section  twenty,  as  appearing  in  the  Tercen- 
tenary Edition,  and  inserting  in  place  thereof  the  follow- 
ing :  —  Section  20.  The  sergeant-at-arms,  doorkeepers,  as- 
sistant doorkeepers,  general  court  officers  and  pages,  the 
postmaster  and  assistant  postmaster,  the  clerks  in  the  ser- 
geant-at-arms' office,  and  the  clerk,  assistant  clerk  and 
other  assistants  in  the  legislative  document  room  shall  each 
receive  in  each  odd-numbered  year  four  dollars  and  twenty 
cents,  and  in  each  even-numbered  year  such  sum  as  may 
have  been  appropriated  for  such  year,  for  every  mile  of  ordi- 
nary traveling  distance  from  their  places  of  abode  to  the 
state  house.  Payments  to  persons  authorized  to  receive 
compensation  under  this  section  shall  be  made  from  the 
treasury  of  the  commonwealth,  in  the  month  of  January  of 
each  year,  upon  the  certificate  of  the  sergeant-at-arms  ap- 
proved by  the  president  of  the  senate  and  the  speaker  of 
the  house  of  representatives;  provided,  that  in  each  odd- 
numbered  year  said  payments  shall  be  made  as  aforesaid 
in  anticipation  of  an  appropriation. 

Section  3.  Section  twenty-two  of  said  chapter  three  of 
the  General  Laws,  as  so  appearing,  is  hereby  amended  by 
striking  out  in  the  third  line  the  words  "each  political  year" 
and  inserting  in  place  thereof  the  words :  —  the  exist- 
ence of  the  general  court  to  which  they  relate,  —  so  as 
to  read  as  follows:  —  Section  22.  The  journals,  files  and 
papers  of  the  senate  and  of  the  house  of  representatives 
shall  be  in  the  custody  of  their  respective  clerks  during  the 
existence  of  the  general  court  to  which  they  relate,  and 
thereafter  in  the  custody  of  the  state  secretary.  The  clerk 
of  each  branch  shall  at  all  times  have  access  to  the  same. 
Copies  of  such  journals,  files  and  papers,  certified  by  the 
clerk  of  the  branch  to  which  they  originally  appertained  or 


Acts,  1939.  —  Chap.  508.  759 

by  the  state  secretary,  shall  be  evidence  in  like  manner  as 
the  originals. 

Section  4.    Section  forty-six  of  said  chapter  three,  as  so  g.  l.  (Ter. 
appearing,  is  hereby  amended  by  striking  out  in  the  sixth  amencfed!  ^^' 
line  the  words  ''within  three  years"  and  inserting  in  place 
thereof  the  words :  —  until  the  termination  of  the  third  regu- 
lar session  of  the  general  court,  —  so  as  to  read  as  follows :  — 
Section  4.6.    The  general  court  may,  upon  cause  shown  there-  Proceedings 
for,  disbar  a  person  from  acting  as  a  legislative  counsel  or  oHegSatrve"* 
agent;    but  a  person  against  whom  proceedings  for  disbar-  counsel, 
ment  are  brought  shall  be  allowed  a  hearing  before  a  com- 
mittee or  otherwise  as  the  general  court  may  determine.    No 
person  who  has  been  so  disbarred  shall  be  employed  as 
legislative  counsel  or  agent  until  the  termination  of  the  third 
regular  session  of  the  general  court  after  such  disbarment. 

Section  5.    Section  forty-seven  of  said  chapter  three,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  striking  out  in  the  sec-  amended!  ^^' 
ond  and  the  third  lines  the  word  "year"  and  inserting  in 
place  thereof  in  each  instance  the  word :  —  session,  —  so  as 
to  read  as  follows :  —  Section  1^7.    The  dockets  of  legislative  Legislative 
counsel  and  agents  for  each  session  shall  be  closed  upon  the  '^°''''®*^- 
prorogation  of  the  general  court,  and  the  dockets  for  the 
ensuing  session  shall  then  be  opened.     Within  thirty  days 
after  such  prorogation,  the  sergeant-at-arms  shall  deposit  in 
the  office  of  the  state  secretary  the  dockets  which  have  been 
so  closed. 

Section  6.  Section  forty-nine  of  said  chapter  three,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  striking  out,  in  the  first  amended!  ^^' 
fine,  the  word  "Violations"  and  inserting  in  place  thereof 
the  word:  —  Violation,  —  by  striking  out  in  the  sixth  and 
seventh  lines  the  words  "for  three  years  from"  and  insert- 
ing in  place  thereof  the  words :  —  until  the  termination  of 
the  third  regular  session  of  the  general  court  after,  —  and 
by  striking  out  in  the  tenth  fine  the  words  "for  three  years" 
and  inserting  in  place  thereof  the  words :  —  until  the  ter- 
mination of  the  third  regular  session  of  the  general  court 
after  the  date  of  conviction  of  such  offence,  —  so  as  to  read 
as  follows :  —  Section  Ii.9.  Violation  of  any  provision  of  P<'naities. 
sections  forty,  forty-two,  forty-three,  forty-four  and  forty- 
eight  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred nor  more  than  one  thousand  dollars.  Any  person 
acting  as  legislative  counsel  or  agent  contrary  to  any  provi- 
sion of  sections  forty,  forty-two,  forty-three  and  forty-four 
shall,  in  addition  to  such  fine,  be  disqualified  from  acting  as 
legislative  counsel  or  agent  until  the  termination  of  the 
third  regular  session  of  the  general  court  after  the  date  of 
conviction  of  such  offence.  Violation  of  section  forty-five 
shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars  or  by  disqualification  from  acting  as  legislative  coun- 
sel or  agent  until  the  termination  of  the  third  regular  session 
of  the  general  court  after  the  date  of  conviction  of  such 
offence,  or  by  both  such  fine  and  disqualification.  The 
attorney  general  shall  cause  prosecutions  to  be  instituted  for 


760 


Acts,  1939.  —  Chap.  508. 


G.  L.  (Ter. 
Ed.),  3,  §  51, 
amended. 


Counsel  for 
senate  and 
house. 


G.  L.  (Ter. 
Ed.),  5,  §  2, 
amended. 


Publication  of 
laws  by  state 
secretary. 


G.  L.  (Ter. 
Ed.),  5,  §  6, 
amended. 


Publication 
of  reports. 


violations  of  any  provision  of  sections  forty,  forty-two  to 
forty-five,  inclusive,  forty-seven  and  forty-eight. 

Section  7.  Section  fifty-one  of  said  chapter  three,  as  so 
appearing,  is  hereby  amended  by  striking  out,  in  the  sev- 
enth line,  the  word  '^ annually"  and  inserting  in  place  thereof 
the  words:  —  after  each  regular  session,  —  so  as  to  read  as 
follows :  —  Section  51 .  The  committees  on  rules  of  the  sen- 
ate and  house  of  representatives  shall  each  appoint  a  skilled 
person  to  act  as  counsel  to  the  senate  and  house  of  repre- 
sentatives, respectively,  at  such  compensation  as  the  said 
committees  may  approve.  The  persons  so  appointed  shall 
serve  for  the  term  of  two  years  from  the  date  of  appoint- 
ment, subject  to  the  pleasure  of  the  said  committees.  They 
shall,  under  the  direction  of  the  said  committees,  after  each 
regular  session  prepare  a  table  of  changes  in  the  general 
statutes,  an  index  to  the  acts  and  resolves,  and  shall  from 
time  to  time,  under  the  direction  of  the  said  committees  or 
of  the  general  court,  consolidate  and  incorporate  in  the 
General  Laws  all  new  general  statutes.  They  shall,  from 
time  to  time,  under  like  direction,  make  such  additions  and 
revisions  in  the  index  of  the  General  Laws  as  may  be  neces- 
sary to  insure  its  prompt  publication  in  connection  with 
future  revisions  of  the  statutes.  The  said  committees  may 
direct  that  copies  of  the  index  containing  such  additions 
and  revisions  be  deposited,  from  time  to  time,  in  the  office 
of  the  state  secretary  or  elsewhere  and  made  available  for 
public  use. 

Section  8.  Section  two  of  chapter  five  of  the  General 
Laws,  as  so  appearing,  is  hereby  amended  by  striking  out 
paragraphs  (4)  and  (6),  and  inserting  in  place  thereof,  in 
each  instance,  the  two  following  paragraphs :  — 

(4)  All  laws  and  constitutional  amendments  adopted  by 
the  people  at  the  preceding  state  election,  with  the  aggre- 
gate vote  thereon,  both  affirmative  and  negative,  arranged 
in  such  detail  as  the  secretary  may  determine. 

(6)  A  statement  showing  what  acts  of  the  general  court 
were  submitted  to  the  people  at  the  preceding  state  elec- 
tion, with  the  total  vote,  affirmative  and  negative,  on  each 
measure,  with  a  specific  reference  to  such  acts  of  the  gen- 
eral court  as  have  been  so  rejected. 

Section  9.  Section  six  of  said  chapter  five,  as  so  appear- 
ing, is  hereby  amended  by  striking  out  in  the  third  line  the 
words  "assembling  of  the  general  court"  and  inserting  in 
place  thereof  the  words :  —  first  Wednesday  of  January,  — 
so  as  to  read  as  follows :  —  Section  6.  All  reports  required 
to  be  made  by  permanent  state  departments,  officers  and 
commissions  shall,  except  as  otherwise  provided,  be  printed 
annually  before  the  first  Wednesday  of  January,  or  as  soon 
thereafter  as  possible.  They  shall  be  numbered  in  a  series 
to  be  called  pubhc  documents.  The  division  of  personnel 
and  standardization  shall  designate  the  number  of  copies 
of  each  report  to  be  printed,  and  none  additional  shall  be 
printed  at  the  expense  of  the  commonwealth. 


Acts,  1939.  —  Chap.  508.  761 

Section  10.    Said  chapter  five  is  hereby  further  amended  gj^^^-  ^JI^q^ 
by  striking  out  section  ten,  as  so  appearing,  and  inserting  in  amended, 
place  thereof  the  following:  —  Section  10.     One  thousand  P^inu^ng^and 
copies  of  the  journals  of  the  senate  and  of  the  house  of  rep-  of  journal, 
resentatives  shall  be  printed  biennially  under  the  direction 
of  the  respective  clerks  thereof;    and,  unless  the  general 
court  shall  otherwise  order,  two  thousand  copies  of  the  lists 
of  members  and  committees  shall  be  printed  in  every  odd- 
numbered  year  under  the  joint  direction  of  said  clerks. 

The  foregoing  publications  shall,  under  the  direction  of 
said  clerks,  be  distributed  as  follows:  one  copy  to  each 
member  of  the  general  court,  to  each  member  of  the  execu- 
tive department,  to  the  clerk  and  assistant  clerk  of  each 
branch  of  the  general  court,  and  to  each  reporter  who  is 
entitled  to  the  privileges  of  the  reporters'  gallery  in  either 
branch;  and  ten  copies  to  the  state  library  for  use  therein 
and  for  exchange.  The  state  secretary  shall  send  to  the 
members  of  the  general  court  the  journals  to  which  they  are 
entitled  under  the  provision  of  this  section,  and  he  shall 
also  send  one  copy  of  said  journals  to  each  free  public  library 
in  the  commonwealth. 

The  remaining  copies  of  the  foregoing  publications  shall 
be  distributed  at  the  discretion  of  the  clerks  of  the  two 
branches,  preference  being  given  to  the  members  of  the 
general  court  and  to  state  officers. 

Two  thousand  copies  of  the  governor's  address  to  the 
general  court  shall  be  printed,  of  which  fifteen  hundred  shall 
be  for  the  general  court  and  five  hundred  for  the  governor. 

Section  11.     Section  nine  B  of  chapter  twenty-two  of  EdV22^S9B 
the  General  Laws,  as  so  appearing,  is  hereby  amended  by  ameAded. 
striking  out  in  the  first  line  the  word  "annually",  —  so  as 
to  read  as  follows :  —  Section  9B.    The  department  of  pub-  Apportionment 
lie  safety  shall  forward  to  the  budget  commissioner  with  its  pund^'''^''^ 
estimates  of  expenses  for  the  division  of  state  police,  as  re- 
quired under  section  three  of  chapter  twenty-nine,  a  state- 
ment of  the  approximate  proportion  of  the  time  of  the 
division  devoted  to  the  service  of  patrolling  the  highways 
of  the  commonwealth  for  the  purpose  of  controlling  and 
supervising  traffic.     Said  statement  shall  be  the  basis  for  a 
recommendation  by  the  governor  as  to  the  proportion  of 
the  appropriations  made  for  expenses  of  said  division  which 
it  appears  may  fairly  be  charged  to  the  Highway  Fund. 

Section  12.    Section  five  A  of  chapter  thirty-two  of  the  g.  l.  (Ter. 
General  Laws,  as  inserted  by  section  one  of  chapter  four  ^to.! 'amended.' 
hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  and  as  amended,  is  hereby  further  amended 
by  striking  out  paragraph  (8)  and  inserting  in  place  thereof 
the  following  new  paragraph :  — 

(8)  On  or  before  the  fifteenth  day  of  October  in  each  Payments 


into  retire- 


treasurer  the  amount  of  the  appropriations  necessary  to  pay 
into  the  various  funds  of  the  system  the  amounts  payable 
by  the  commonwealth  as  enumerated  in  sections  one  to 


762 


Acts,  1939. —  Chap.  508. 


G.  L.  (Ter. 
Ed.),  32,  § 
amended. 


Expense  fund. 


G.  L.  (Ter. 
Ed.),  32,  §  9, 
etc.,  further 
amended. 


Annuity  fund. 


G.  L.  (Ter. 
Ed.),  32,  §  16, 
amended. 


Annual  report. 


G.  L.  (Ter. 
Ed.),  54,  §  141 
amended. 


Failure  to 
choose  repre- 
sentative in 
general  court. 


five  A,  inclusive,  for  the  year  beginning  on  the  following 
December  first,  and  for  the  year  beginning  December  first 
next  thereafter,  and  items  of  appropriation  providing  such 
amounts  shall  be  included  in  the  appropriations  for  the 
state  treasurer  for  the  division  of  the  state  board  of  retire- 
ment. 

Section  13.  Paragraph  (1)  of  section  nine  of  said  chap- 
ter thirty-two,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  first  line,  the  word 
"annually",  —  so  that  said  paragraph  will  read  as  follows:  — 

(1)  The  expense  fund  shall  consist  of  such  amounts  as 
shall  be  appropriated  by  the  general  court,  on  estimates 
submitted  by  the  board,  to  defray  the  expenses  of  adminis- 
tration, exclusive  of  the  payment  of  retirement  allowances. 

Section  14.  Paragraph  (2)  of  section  nine  of  said  chap- 
ter thirty-two,  as  appearing  in  section  one  of  chapter  four 
hundred  and  thirty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-seven,  is  hereby  amended  by  striking  out  the 
last  sentence  of  said  paragraph  and  inserting  in  place  thereof 
the  following:  —  The  commonwealth  shall  in  each  odd-num- 
bered year  contribute  such  amount  as  is  necessary  to  make 
good  any  deficiency  in  the  annuity  fund  for  active  or  retired 
members  as  of  the  preceding  thirty-first  day  of  December. 

Section  15.  Section  sixteen  of  said  chapter  thirty-two, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out  paragraph  (2)  and  inserting  in  place  thereof 
the  following:  — 

(2)  The  board  shall  make  an  annual  report.  In  its  re- 
port for  each  even-numbered  year  it  shall  include  a  state- 
ment of  the  amount  expended  previous  to  the  preceding 
first  day  of  July  by  towns  in  the  payment  of  pensions  under 
the  preceding  paragraph,  for  which  such  towns  have  not 
received  and  should  receive  reimbursement.  On  the  basis 
of  such  a  statement,  the  general  court  may  make  an  appro- 
priation for  the  reimbursement  of  such  towns  up  to  such 
first  day  of  July. 

Section  16.  Section  one  hundred  and  forty-one  of  chap- 
ter fifty-four  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out  in  the  tenth  and  eleventh  lines  the 
words  "during  a  recess  between  the  first  and  second  annual 
sessions  of  the  same  general  court"  and  inserting  in  place 
thereof  the  words:  —  after  the  regular  session  of  the  gen- 
eral court,  —  so  as  to  read  as  follows:  —  Section  I4I.  Upon 
failure  to  choose  a  representative  in  the  general  court  at  the 
biennial  state  election,  a  certificate  thereof  shall  be  trans- 
mitted forthwith  to  the  state  secretary  by  the  officers  re- 
quired to  transmit  certificates  of  election. 

Upon  a  vacancy  in  the  office  of  representative  in  the  gen- 
eral court  or  upon  failure  to  elect,  the  speaker  of  the  house 
of  representatives  shall  issue  precepts  to  the  aldermen  of 
each  city  and  the  selectmen  of  each  town  comprising  the 
district  or  any  part  thereof,  appointing  such  time  as  the 
house  of  representatives  may  order  for  an  election  to  fill 


Acts,  1939. —  Chap.  509.  763 

such  vacancy;  provided,  that  if  such  vacancy  occurs  after 
the  regular  session  of  the  general  court,  the  speaker  may 
fix  the  time  for  an  election  to  fill  such  vacancy.  Upon  re- 
ceipt of  such  precepts,  the  aldermen  or  the  selectmen  shall 
call  an  election,  which  shall  be  held  in  accordance  with  the 
precepts. 

Section  17.  Wherever  any  provision  of  the  General  "^rwfs^onZ 
Laws,  as  amended,  in  effect  immediately  prior  to  the  effec- 
tive date  of  this  act,  refers  to  sums  annually  appropriated 
by  the  general  court,  such  provision  shall  be  construed  as 
referring  to  such  sums  as  are  appropriated  by  the  general 
court.  Approved  August  12,  1939. 


An  Act  relative  to  contracts  of  conditional  sale  of  QJku)  599 
personal  property. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  fifty-five  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  sections  f^'iito^igA 
eleven  to  thirteen,  inclusive,  as  appearing  in  the  Tercentenary  stricken  out.' 
Edition,  and  section  thirteen  A,  inserted  by  section  one  of  s"rtionrii  to 
chapter  three  hundred  and  fortj^-eight  of  the  acts  of  nineteen  i3a,  inserted. 
hundred  and  thirty-five,  and  inserting  in  place  thereof  the 
four  following  new  sections:  —  Section  11.     Except  as  other-  Redemption 
wise  provided  in  sections  fifty-five  and  fifty-six  of  chapter  d"efauit.°^ 
one  hundred  and  fifty-nine,  if  a  contract  for  the  sale  of  a 
motor  vehicle  or  vehicles  or  any  other  article  or  articles  of 
personal  property,  in  the  form  of  a  lease  or  otherwise,  is 
made  on  the  condition  that  the  title  thereto  shall  not  pass 
until   the   purchase  money  has  been  fully  paid,   and  the 
vendor  upon  default  takes  from  the  vendee  possession  of 
the  property,  the  vendee,  within  fifteen  days  after  such 
taking,  may  redeem  the  property  so  taken,  by  paying  to  the 
vendor  the  full  amount  then  unpaid,  with  interest  and  all 
lawful  charges  and  expenses  due  to  the  vendor. 

Section  12.  Each  conditional  sale  which  includes  one  or  Conditional 
more  articles  of  personal  property  shall  be  embodied  in  a  sales  contracts. 
single  written  contract,  which  contract  shall  contain  the 
entire  agreement  between  the  parties.  Said  contract  shall 
specifically  set  forth  a  description  of  the  property  to  be  sold 
to  the  vendee;  the  "total  time  price"  thereof,  which  shall 
be  captioned  in  print  of  not  less  than  eight  point  boldface 
type;  the  down  payment;  the  amount  of  the  finance  charge, 
which  shall  include  the  insurance  premiums,  if  any;  the  net 
balance  due  from  the  vendee;  and  the  number  and  amount 
of  weekly,  monthly  or  other  instalment  payments.  Where 
any  insurance  premium  is  part  of  the  total  time  price  or 
finance  charge,  the  vendor  or  his  assignee  shall,  within  twenty 
days  after  execution  of  the  contract,  send  or  cause  to  be 
sent  to  the  vendee  a  policy  or  policies  or  certificate  of  in- 
surance clearly  setting  forth  the  exact  nature  of  the  insurance 
coverage.     If  such  contract  does  not  substantially  contain 


764 


Acts,  1939. —  Chap.  509. 


Copy  of 
contract. 


Validity  of 
instrument. 


G.  L.  (Ter. 
Ed.).  255, 
§§  13C  and 
13D,  etc., 
stricken  out, 
and  §§  13C  to 
13G,  inserted. 


Demand 
before  taking 
possession. 


Payments 
regulated. 


the  subject  matter  as  herein  set  forth,  the  vendee  shall  have 
a  valid  defence  against  the  recovery  of  all  finance  charges 
and  fees  exclusive  of  insurance  premiums,  in  any  action  or 
proceeding  to  enforce  said  contract. 

Section  13.  A  copy  of  every  such  contract  shall  be  fur- 
nished to  the  vendee  at  the  time  of  its  execution.  When  a 
payment  is  made  by  the  vendee  under  the  terras  of  any  such 
contract,  on  request  of  the  vendee,  such  payment  shall  be 
endorsed  on  the  contract  and  on  such  copy  or  set  forth  in  a 
receipt  given  to  the  vendee.  Any  such  receipt  shall  include 
the  amount  of  the  paj^ment  made  and  the  balance  due  on 
the  contract,  with  a  specific  identification  of  the  contract 
to  which  the  payment  is  applied.  Failure  of  the  vendor 
through  negligence  to  comply  with  any  provision  of  this 
section  shall  suspend  his  rights  under  the  contract  while  such 
failure  continues. 

Section  ISA.  No  instrument  evidencing  a  conditional 
sale  of  personal  property  shall  be  valid  unless  it  contains  a 
provision  that,  in  case  of  repossession  and  sale  of  such  per- 
sonal property  for  default  in  payment  of  any  part  of  the 
total  time  price,  all  sums  paid  on  account  of  such  price  and 
any  sum  remaining  from  the  proceeds  of  a  sale  of  such  re- 
possessed personal  property  after  deducting  the  reasonable 
expenses  of  such  repossession  and  sale  shall  be  applied  in 
reduction  of  such  price,  and  that,  if  the  net  proceeds  of  such 
sale  exceed  the  balance  due  on  such  price,  the  sum  remain- 
ing shall  be  paid  to  the  vendee;  provided,  that  this  section 
shall  not  apply  to  an  instrument  evidencing  a  conditional 
sale  of  personal  property  aflaxed  or  attached  to  real  estate 
in  any  other  manner  than  by  an  electrical  connection. 

Section  2.  Said  chapter  two  hundred  and  fifty-five  is 
hereby  further  amended  by  striking  out  section  thirteen  C, 
as  most  recently  amended  by  chapter  three  hundred  and 
sixty-seven  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
and  section  thirteen  D,  inserted  by  chapter  three  hundred 
and  fifteen  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
and  inserting  in  place  thereof  the  five  following  new  sections: 
—  Section  ISC.  Thirty  days  at  least  before  taking  posses- 
sion of  household  furniture  or  other  household  effects  for 
default  of  the  vendee  in  the  payment  of  money  under  a 
contract  of  conditional  sale,  the  vendor  shall  demand  in 
writing  of  the  vendee  or  other  person  in  charge  of  said  furni- 
ture or  effects  the  balance  then  due,  and  shall  furnish  to 
said  vendee  or  other  person  an  itemized  statement  of  the 
account  showing  the  amount  due  thereon.  If  said  vendee 
or  other  person  can  by  the  exercise  of  reasonable  care  and 
diligence  be  found  by  the  vendor,  the  fifteen  days  during 
which  his  right  of  redemption  exists  under  section  eleven 
shall  not  begin  to  run  until  said  demand  has  been  made, 
said  statement  furnished  and  said  thirty  days  have  expired. 

Section  ISD.  For  a  period  of  five  days  after  default  by 
the  vendee  in  the  payment  of  any  instalment  under  a  con- 
tract of  conditional  sale  of  personal  property,  the  vendee 


Acts,  1939.  —  Chap.  510.  765 

shall  not  be  required  to  pay  a  late  charge,  collection  charge 
or  other  penalty  to  the  vendor  for  such  default. 

Section  13E.  Except  as  otherwise  provided  in  section  Default. 
thirteen  C,  whenever  a  vendee  under  a  contract  of  condi- 
tional sale  of  personal  property  is  in  default  in  the  perform- 
ance of  any  condition  in  such  contract,  the  vendor  or  his 
assigns  may  take  possession  of  the  property  in  accordance 
with  the  terms  of  the  contract;  but  unless  possession  of  the 
property  can  be  obtained  without  breach  of  the  peace,  it 
shall  be  taken  only  by  legal  process. 

Section  13F.  In  case  the  vendor  or  his  assigns  under  a  Repossession. 
contract  of  conditional  sale  of  personal  property  takes  pos- 
session of  the  property  because  of  default  by  the  vendee  in 
any  of  the  terms  of  the  contract,  if  the  vendee  has  paid  at 
least  fifty  per  cent  of  the  total  time  price  as  set  forth  in  such 
contract  and  so  requests  in  writing  by  registered  mail  ad- 
dressed to  the  vendor  or  his  assigns  within  ten  days  after 
the  date  of  repossession  of  the  property  by  the  vendor  or 
his  assigns,  accompanying  such  request  with  the  sum  of  ten 
dollars,  to  be  apphed  to  the  expense  of  the  advertisement 
and  public  auction  hereinafter  referred  to,  a  public  auction 
shall  be  held  within  ten  days  after  the  expiration  of  fifteen 
days  following  the  date  of  the  repossession  of  the  property. 
Publication  of  a  notice  of  the  sale  shall  be  made,  at  least 
three  days  prior  to  the  sale,  in  a  newspaper  pubfished  in  the 
city  or  town  where  the  property  is  to  be  sold,  or  if  there  is 
no  newspaper  in  such  city  or  town,  then  in  a  newspaper 
pubhshed  in  the  county  where  the  property  is  to  be  sold. 
Any  sum  remaining  from  the  proceeds  of  such  sale  after 
application  to  the  indebtedness  of  the  vendee  in  accordance 
with  the  terms  of  the  contract  shall  be  paid  to  the  vendee. 
The  vendee  shall  be  hable  to  the  vendor  or  his  assigns  for 
any  deficiency. 

Section  13G.    Violation  of  anj'-  provision  of  section  twelve,  Penalty, 
thirteen,  thirteen  D,  thirteen  E  or  thirteen  F  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars.  Approved  August  12,  1939. 

An  Act  to  provide  improved  transportation  facilities  fh^jj^  51  n 

IN   WINTHROP   AND    EAST   BOSTON   AND   TO   AUTHORIZE   THE  ^ 

INCLUSION    OF    THE    TOWN    OF    WINTHROP    IN    THE    BOSTON 
METROPOLITAN   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  three  hundred  and 
thirty-three  of  the  acts  of  nineteen  hundred  and  thirty-one, 
as  amended  by  section  one  of  chapter  two  hundred  and 
ninety-nine  of  the  acts  of  nineteen  hundred  and  thirty-two, 
is  hereby  further  amended  by  inserting  after  the  word 
"therefor"  in  the  twenty-fourth  line  the  words: —  ,  and  to 
an  amount  not  exceeding  two  hundred  and  fifty  thousand 
dollars  for  the  purchase  of  all  or  part  of  the  property  or 


766  Acts,  1939.  —  Chap.  510. 

properties  owned,  leased  or  operated  by  the  Boston,  Revere 
Beach  and  Lynn  Railroad  Company  in  Winthrop  and  Bos- 
ton, and  subject  to  the  approval  of  the  department  of  pub- 
lic utihties  to  an  amount  not  exceeding  one  million  one 
hundred  and  ten  thousand  dollars  for  adapting  the  property 
or  properties  acquired  to  unified  operation  and  for  altera- 
tions, extensions,  additions  and  improvements  thereof  and 
connections  thereto  and  rolling  stock  and  equipment  there- 
for and  alterations  and  additions  to  the  Eagle  Street  car- 
house  and  yard  of  the  company  in  East  Boston,  and  subject 
to  the  approval  of  the  metropolitan  transit  council  cre- 
ated by  chapter  383  of  the  acts  of  1929,  and  provided  the 
trustees  of  the  company  elect  not  to  make  said  purchase  of 
the  property  or  properties  of  the  Boston,  Revere  Beach  and 
Lynn  Railroad  Company  or  any  proposed  contract  for  said 
purchase  is  not  approved  by  said  metropolitan  transit  coun- 
cil or  by  the  department  of  public  utilities,  to  an  amount 
not  exceeding  seven  hundred  thousand  dollars  for  the  pur- 
chase of  motor  busses  for  a  bus  line  or  lines  in  Winthrop  and 
Boston  connecting  with  the  company's  railway  system,  for 
the  purchase  of  additional  rolling  stock  for  use  on  the  com- 
pany's railway  lines  connecting  therewith  and  for  garage 
and  carhouse  construction  and  facilities  in  connection  there- 
with, —  so  as  to  read  as  follows:  —  Section  4-  At  any  time 
and  from  time  to  time  after  this  act  takes  effect,  the  trus- 
tees of  the  company  shall  have  authority,  in  the  name  and 
on  behalf  of  the  company,  and  without  further  authoriza- 
tion than  herein  contained,  in  addition  to  the  bonds,  coupon 
notes  or  other  evidences  of  indebtedness  payable  at  periods 
of  more  than  one  year  after  the  date  thereof  which  the  com- 
pany may  otherwise  lawfully  issue,  to  issue  bonds  of  the 
company  to  an  amount  not  exceeding  thirty  million  dollars. 
The  proceeds  of  such  bonds  shall  be  used  for  the  retirement 
of  the  existing  preferred  stocks  of  the  company  as  provided 
in  this  act  including  the  payment  of  all  amounts  found  due 
under  section  fourteen  and  for  damages  paid  or  recovered 
under  section  twelve  and,  to  an  amount  not  exceeding  two 
million  five  hundred  and  fifty  thousand  dollars  for  the  pur- 
chase of  property  or  properties  owned,  leased  or  operated 
by  the  Eastern  Massachusetts  Street  Railway  Company,  in 
Revere,  Chelsea,  Everett,  Maiden  and  Boston,  and,  sub- 
ject to  the  approval  of  the  department  of  public  utilities, 
to  an  amount  not  exceeding  five  hundred  thousand  dollars 
for  extensions,  additions  and  improvements  thereof  and 
equipment  therefor,  including  sub-stations,  conduits  and 
equipment  for  supplying  power  therefor,  and  to  an  amount 
not  exceeding  two  hundred  and  fifty  thousand  dollars  for 
the  purchase  of  all  or  part  of  the  property  or  properties 
owned,  leased  or  operated  by  the  Boston,  Revere  Beach 
and  Lynn  Railroad  Company  in  Winthrop  and  Boston,  and 
subject  to  the  approval  of  the  department  of  public  utilities 
to  an  amount  not  exceeding  one  million  one  hundred  and 
ten  thousand  dollars  for  adapting  the  property  or  properties 


Acts,  1939.  —  Chap.  510.  767 

acquired  to  unified  operation  and  for  alterations,  extensions, 
additions  and  improvements  thereof  and  connections  thereto 
and  rolHng  stock  and  equipment  therefor  and  alterations 
and  additions  to  the  Eagle  Street  carhouse  and  yard  of  the 
company  in  East  Boston,  and  subject  to  the  approval  of 
the  metropolitan  transit  council  created  by  chapter  383  of 
the  acts  of  1929,  and  provided  the  trustees  of  the  company 
elect  not  to  make  said  purchase  of  the  property  or  proper- 
ties of  the  Boston,  Revere  Beach  and  Lynn  Railroad  Com- 
pany or  any  proposed  contract  for  said  purchase  is  not 
approved  by  said  metropolitan  transit  council  or  by  the 
department  of  pubhc  utihties,  to  an  amount  not  exceeding 
seven  hundred  thousand  dollars  for  the  purchase  of  motor 
busses  for  a  bus  line  or  lines  in  Winthrop  and  Boston  con- 
necting with  the  company's  railway  system,  for  the  pur- 
chase of  additional  rolling  stock  for  use  on  the  company's 
railway  lines  connecting  therewith  and  for  garage  and  car- 
house  construction  and  facilities  in  connection  therewith, 
and  not  otherwise.  Said  bonds  shall  bear  interest  at  the 
rate  of  six  per  cent  per  annum,  and  shall  be  for  the  term  of 
forty  years. 

The  payment  of  interest  as  it  accrues  on  said  bonds  shall 
be  deemed  part  of  the  cost  of  the  service  as  defined  in  sec- 
tion six  of  said  chapter  one  hundred  and  fifty-nine. 

Said  bonds,  both  as  to  principal  and  income,  are  hereby 
made  exempt  from  all  taxes  levied  under  authority  of  the 
commonwealth  and  shall  contain  a  recital  to  such  effect. 

Said  bonds  shall  be  subject  to  the  priority  of  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  issued  for 
the  purposes  and  under  the  authority  specified  in  section 
eighteen  and  shall  be  sold  only  to  the  metropolitan  transit 
district,  which  shall  retain  the  same  in  its  treasury  until 
surrendered  for  cancellation  as  provided  in  section  seven. 

Section  2.  Notwithstanding  any  provision  of  general  or 
special  law  to  the  contrary,  the  Boston,  Revere  Beach  and 
Lynn  Railroad  Company,  hereinafter  called  the  railroad 
company,  upon  authorization  by  vote  of  its  board  of  direc- 
tors or  of  its  trustee  or  trustees  in  bankruptcy  with  the 
approval  of  the  federal  court  having  jurisdiction  with  re- 
gard to  such  bankruptcy,  or  the  successor  or  successors  in 
title  to  the  property  of  the  railroad  company,  may  enter 
into  a  contract  for  the  sale  to  the  Boston  Elevated  Railway 
Company,  hereinafter  called  the  railway  company,  of  the 
following  property :  —  All  or  part  of  the  main  line  of  rail- 
road owned,  leased  or  operated  by  the  railroad  company 
situated  in  East  Boston  between  the  southerly  side  line  of 
Maverick  street  and  a  point  on  said  main  line  at  the  east- 
erly boundary  extended  of  the  Gladstone  street  loop,  so- 
called,  of  the  railway  company  located  on  Washburn  ave- 
nue, and  all  or  part  of  the  branch  line  of  railroad  owned, 
leased  or  operated  by  the  railroad  company  situated  in  East 
Boston  and  Winthrop  and  known  as  the  Winthrop  branch, 
and  all  or  part  of  the  property  appurtenant  to  or  custom- 


768  Acts,  1939.  —  Chap.  510. 

arily  used  in  connection  with  said  part  of  said  main  line 
and  said  branch  Hne  situated  in  East  Boston  and  Winthrop 
except  roUing  stock  and  the  property  of  the  Point  Shirley 
Street  Railway  Company;  provided,  that  any  such  action 
by  said  board  of  directors  shall  be  approved  by  vote  of  a 
majority  of  the  stock  of  the  railroad  company  represented 
at  a  meeting  called  for  the  purpose  at  which  a  quorum,  as 
defined  in  section  thirty-three  of  chapter  one  hundred  and 
sixty  of  the  General  Laws,  is  present.  Section  fifty-four  of 
chapter  one  hundred  and  fifty-nine  and  sections  seventy- 
one  to  seventy-four,  inclusive,  of  chapter  one  hundred  and 
sixty  of  the  General  Laws  shall  not  apply  to  any  contract 
nor  to  any  sale  by  the  railroad  company  nor  to  any  pur- 
chase by  the  railway  company  authorized  by  this  act. 

Section  3.  The  trustees  of  the  Boston  Elevated  Rail- 
way Company  shall  have  authority  in  the  name  and  on 
behalf  of  the  company,  and  without  further  authorization 
than  herein  contained,  to  contract  in  writing  for  the  pur- 
chase and  to  purchase  in  accordance  with  such  contract  the 
whole  or  any  part  or  parts  of  the  properties  which  by  the 
preceding  section  the  Boston,  Revere  Beach  and  Lynn 
Railroad  Company,  or  its  successor  in  title,  is  authorized  to 
sell ;  provided,  that  the  amount  to  be  paid  on  account  of  the 
purchase  of  the  whole  or  such  part  of  said  property  as  shall 
be  purchased  under  authority  of  this  act  shall  not  exceed 
two  hundred  and  fifty  thousand  dollars;  and  provided,  fur- 
ther, that  any  contract  of  purchase  hereunder  shall  not  be 
valid  unless  and  until  it  shall  have  been  approved  by  action 
of  the  metropolitan  transit  council  in  the  manner  authorized 
and  provided  in  section  three  of  chapter  three  hundred  and 
eighty-three  of  the  acts  of  nineteen  hundred  and  twenty- 
nine,  and  thereafter  approved  by  the  department  of  public 
utilities;  and  provided,  further,  that  an}^  contract  of  pur- 
chase hereunder  shall  be  upon  the  express  condition  that  it 
shall  not  become  effective  unless  the  trustees  of  the  Boston 
metropolitan  district  can  and  do  issue  and  sell  bonds  of  said 
district,  to  provide  funds  for  the  purchase  of  any  bonds  which 
may  be  proposed  to  be  issued  under  the  authority  granted 
by  the  amendment  made  by  section  one  of  this  act,  at  such 
rates  of  interest  and  prices  as  may  be  approved  by  said  de- 
partment as  yielding  to  the  original  purchasers  thereof  a  net 
return  not  greater  than  interest  on  the  amount  to  be  paid 
therefor  at  the  rate  of  four  per  cent  per  annum,  payable 
semi-annually,  and  for  such  term  or  terms  as  may  be  ap- 
proved by  said  department  as  being  such  that  it  is  reason- 
ably to  be  expected  that  such  bonds  of  said  district  will  be 
paid  and  retired  from  the  amounts  available  from  the 
interest  upon  the  bonds  issued  by  the  Boston  Elevated  Rail- 
way Company  under  the  authority  of  said  amendment  made 
by  section  one  or  the  sinking  fund  created  therefor;  and 
provided,  further,  that  no  such  contract  of  purchase  shall 
be  of  any  force  or  effect  unless  the  approvals  hereinbefore 
required  are  given  and  such  sale  of  the  bonds  of  the  Boston 


Acts,  1939.  —  Chap.  510.  769 

metropolitan  district  is  consummated  within  five  years  after 
the  passage  of  this  act. 

The  board  of  trustees  of  the  Boston  Elevated  Railway 
Company  shall  not  request  the  trustees  of  the  Boston  metro- 
politan district  to  purchase  bonds  to  be  issued  under  author- 
ity of  said  amendment  made  by  section  one  except  upon 
the  aforesaid  condition  as  to  rates  of  interest,  prices  of  sale 
and  term  or  terms  of  maturities  of  the  bonds  of  the  district 
to  be  issued  to  provide  funds  for  such  purchase. 

Section  4.  If  any  sale  and  purchase  authorized  by  sec- 
tions two  and  three  is  effectuated,  or  if  such  sale  and  pur- 
chase is  not  effectuated  and  a  bus  line  or  lines  are  estab- 
lished in  Winthrop  by  the  railway  companj^,  the  property 
so  acquired,  or  said  bus  line  or  hues,  shall  be  operated  by 
the  railway  company  as  a  part  of  its  entire  system  in  the 
same  manner  as  though  it  had  been  incorporated  therein 
prior  to  July  first,  nineteen  hundred  and  eighteen,  and  in 
respect  thereof  the  railway  company  shall  have  all  the  powers 
and  privileges  and  be  subject  to  all  the  duties,  habilities, 
restrictions  and  provisions  set  forth  in  general  and  special 
laws  now  or  hereafter  in  force  and  applicable  to  it  except  as 
in  this  act  otherwise  expressly  pro\ided.  The  provisions  of 
sections  fifty-four  and  fifty-five  of  chapter  one  hundred  and 
sixty-one  of  the  General  Laws  shall  not  apply  to  the  rail- 
way company  with  respect  to  the  lines  and  properties  pur- 
chased under  authority  of  section  three  or  to  any  extensions, 
additions  and  improvements  thereof  or  to  connections 
therewith  on  private  land. 

The  fares  for  transportation  over  the  lines  purchased  by 
the  railway  company  under  authority  of  this  act  and  over 
bus  lines  established  by  the  railway  company  to  serve  Win- 
throp, shall  be  fixed  by  the  board  of  public  trustees  at  such 
rate  or  rates  as  will  in  its  judgment  and  from  computations 
made  in  its  discretion,  which  take  into  account  fares  col- 
lected upon  said  fines  and  upon  other  parts  of  the  railway 
company's  system  as  a  result  of  the  operation  of  said  lines, 
insure  the  railway  company  against  any  loss  resulting  from 
the  operation  of  said  fines.  In  the  event  that  the  fares  col- 
lected upon  said  lines  and  upon  other  parts  of  the  railway 
company's  system  as  a  result  of  the  operation  of  said  lines 
are  inadequate  to  meet  the  cost  of  operating  said  lines  for 
any  year  ending  March  thirty-first  including  fixed  charges 
and  operating  expenses  as  determined  by  the  board  of  public 
trustees,  the  resulting  deficit  shall  be  reported  to  the  select- 
men of  the  town  of  Winthrop  and  paid  to  the  railway  com- 
pany by  the  town  and  included  in  the  next  ensuing  tax  levy 
of  said  town. 

For  the  purpose  of  providing  connections  with  the  existing 
tracks  and  properties  of  the  railway  company,  adapting  the 
property  so  acquired  to  unified  operation,  and  providing 
proper  connecting  services,  and  for  improving  service  in  the 
district  served  by  the  railway  company,  the  trustees  of  the 
Boston  metropolitan  district  may  grant  within  said  district 


770  Acts,  1939.  —  Chap.  510. 

to  the  railway  company  locations  or  alterations  or  exten- 
sions of  locations,  for  tracks,  poles,  wires,  conduits  and  inci- 
dental railway  structures  in  or  upon  public  lands  or 
ways. 

To  provide  connecting  services  the  railway  company  may 
operate  motor  buses  upon  such  routes  in  AVinthrop  and  other 
parts  of  the  district  served  by  it  as  the  said  trustees  may 
approve  and  license  subject  to  issuance  by  the  department 
of  public  utilities  of  a  certificate  of  public  convenience  and 
necessity  under  the  provisions  of  chapter  one  hundred  and 
fifty-nine  A  of  the  General  Laws. 

After  the  railway  company  begins  to  operate  service  in 
Winthrop  upon  properties  therein  authorized  to  be  pur- 
chased under  the  provisions  of  section  three,  or  after  the 
railway  company  begins  to  operate  a  bus  line  or  lines  in 
Winthrop,  no  new  license  within  said  town  for  the  operation 
of  motor  vehicles  under  the  provisions  of  chapter  one  hun- 
dred and  fifty-nine  A  of  the  General  Laws  shall  be  valid, 
unless  and  until  the  department  of  public  utilities,  after 
due  notice  and  pubhc  hearing,  issues  a  certificate  that  the 
granting  of  such  license  or  licenses  is  required  by  reason  of 
public  convenience  and  necessity  and  will  not  injuriously 
affect  the  revenue  of  the  railway  company.  One  year  after 
the  railway  company  begins  any  such  operation,  all  licenses 
for  the  operation  of  motor  vehicles  under  the  provisions  of 
said  chapter  one  hundred  and  fifty-nine  A  or  corresponding 
provisions  of  earlier  laws  within  the  town  of  Winthrop  in 
force  at  the  time  the  railway  company  begins  such  operation 
shall  terminate,  unless  prior  thereto  said  department  shall 
have  issued  a  certificate  that  continued  operation  under  such 
licenses  is  required  by  reason  of  public  convenience  and 
necessity  and  will  not  injuriously  affect  the  revenue  of  the 
railway  company. 

Section  5.  The  railway  company  shall  not  be  required 
to  keep  in  repair  any  portion  of  the  surface  material  of  pub- 
lic ways  and  bridges  occupied  by  the  tracks  in  Winthrop 
acquired  under  authority  of  this  act  or  any  alterations  or 
extensions  thereof,  but  if  said  surface  material  is  disturbed 
by  it  during  construction,  reconstruction  or  repair  of  such 
tracks  or  alterations  or  extensions  thereof,  it  shall,  as  pro- 
vided in  section  eighty-nine  of  chapter  one  hundred  and 
sixty-one  of  the  General  Laws,  restore  the  same. 

Section  6.  The  railway  company  shall  not  be  obligated 
to  pay  to  the  town  of  Winthrop  or  the  city  of  Boston  any 
taxes  assessed  upon  the  railway  lines,  stations,  properties 
and  appurtenances  acquired  under  authority  of  this  act 
except  in  so  far  as  the  same  were  subject  to  taxation  on 
January  1,  1939;  provided,  that  if  any  such  property  then 
exempt  from  taxation  shall  cease  to  be  used  for  transporta- 
tion purposes  the  same  shall  thenceforward  be  taxable. 

Section  7.  Section  one  of  chapter  three  hundred  and 
eighty-three  of  the  acts  of  nineteen  hundred  and  twenty^ 


Acts,  1939.  —  Chap.  510.  771 

nine  is  hereby  amended  by  striking  out  the  words  "and 
Watertown"  in  the  fourth  and  fifth  Hues  and  inserting  in 
place  thereof  the  words :  —  Watertown  and  Winthrop,  — 
so  as  to  read  as  follows :  —  Section  1 .  The  territory  within 
and  the  inhabitants  of  the  following  cities  and  towns,  to  wit: 
Arlington,  Belmont,  Boston,  Brookline,  Cambridge,  Chel- 
sea, Everett,  Maiden,  Medford,  Milton,  Newton,  Revere, 
Somerville,  Watertown  and  Winthrop,  shall  constitute  a 
district  or  incorporated  municipality,  and  for  the  purposes 
of  this  act  are  made  a  body  politic  and  corporate  under  the 
name  of  the  metropolitan  transit  district,  hereinafter  called 
the  district,  with  power  to  take  and  hold  property,  sue  and 
be  sued  in  law  and  equity,  to  prosecute  and  defend  in  all 
actions  relating  to  the  property  and  affairs  of  the  district, 
and  of  contracting  and  doing  other  necessary  acts  relative 
to  its  property  and  affairs;  and  said  territory  and  inhabit- 
ants shall  be  jointly  and  severally  liable  for  the  debts  and 
obligations  thereof.  Said  district  shall  have  a  corporate 
seal.  Process  may  be  served  upon  the  treasurer  of  the  dis- 
trict as  hereinafter  provided. 

The  real  estate  of  the  district,  with  the  exception  of  that 
used  for  tunnels,  subways,  stations,  transfer  areas,  rapid 
transit  lines  and  their  appurtenances,  shall  be  subject  to 
taxation  by  the  city  or  town  in  which  it  is  located  in  the 
same  manner  and  to  the  same  extent  as  if  privately 
owned. 

Section  8.  The  Boston,  Revere  Beach  and  Lynn  Rail- 
road Company  and  its  wholly  owned  subsidiary  Point 
Shirley  Street  Railway  Company,  subject  to  such  approval 
as  may  be  required  by  the  federal  court  having  jurisdiction 
in  the  premises  and  by  the  department  of  public  utilities, 
may  at  any  time  discontinue  in  whole  or  in  part  the  opera- 
tion of  their  ferry  boats,  electric  trains,  cars  and  busses,  or 
any  of  the  same,  and  after  such  discontinuance  they  may 
sell  or  otherwise  dispose  of  such  of  their  property  as  is  not 
used  for  transportation  purposes  after  such  discontinuance, 
and  after  complete  discontinuance  of  the  operation  of  their 
ferry  boats,  electric  trains,  cars  and  busses  they  may  sell  or 
otherwise  dispose  of  all  property  which  they  then  own  and 
may  thereafter  abandon  all  of  their  public  service. 

Section  9.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  vote  of  the  town  of  Winthrop  at  an  annual 
or  special  town  meeting  called  for  the  purpose  and  the  fiHng 
of  a  certificate  of  such  action  by  the  town  clerk  with  the 
state  secretary,  and  upon  acceptance  by  the  Boston  Ele- 
vated Railway  Company  by  vote  of  the  holders  of  not  less 
than  a  majority  in  amount  of  all  the  stock  of  said  company 
at  a  meeting  called  for  the  purpose,  and  the  filing  of  a  cer- 
tificate evidencing  such  acceptance  by  the  clerk  of  the 
company  with  the  state  secretary. 

Approved  August  12,  1939. 


772 


Acts,  1939.  —  Chap.  511. 


G.  L.  (Ter. 
Ed.).  19,  §  1, 
etc.,  amended. 


Department 
of  mental 


Chap. 511  An  Act  providing  for  a  second  assistant  commissioner 

IN   THE    DEPARTMENT   OF   MENTAL   HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  nineteen  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  one,  as  amended  by 
section  two  of  chapter  four  hundred  and  eighty-six  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  and  inserting  in 
place  thereof  the  following :  —  Section  1 .  There  shall  be  a 
department  of  mental  health,  in  this  chapter  called  the 
department,  and  a  commissioner  of  mental  health  who 
shall  have  the  exclusive  supervision  and  control  of  the 
department.  All  action  of  the  department  shall  be  taken 
by  the  commissioner  or,  under  his  direction,  by  such  agents 
or  subordinate  officers  as  he  may  determine.  There  shall 
be  in  the  department  an  assistant  commissioner,  qualified 
as  hereinafter  provided,  who  shall  perform  such  duties  as 
the  commissioner  may  prescribe,  and  a  second  assistant 
commissioner  qualified  as  hereinafter  provided  who  shall, 
under  the  direction  of  the  commissioner,  have  charge  of  the 
financial  matters  relating  to  the  department  and  perform 
such  other  duties  as  the  commissioner  may  prescribe.  The 
commissioner  and  assistant  commissioner  shall  be  physicians 
who  are  diplomates  in  psychiatry  of  the  American  Board  of 
Psychiatry  and  Neurology,  Incorporated,  and  shall  have 
had  at  least  five  years'  experience  on  the  resident  adminis- 
trative staff  of  a  state  or  federal  hospital  for  mental  diseases 
or  in  any  equivalent  psychiatric  organization,  or  at  least 
four  years'  experience  as  aforesaid  and  at  least  one  year's 
experience  in  the  department  controlling  such  hospital.  The 
second  assistant  commissioner  shall  be  a  man  of  business  ex- 
perience qualified  to  undertake  the  management  of  the  finan- 
cial and  business  interests  of  the  department.  In  the  event 
of  the  disability  or  absence  of  the  commissioner,  or  of  a 
vacancy  in  his  office  by  reason  of  death  or  otherwise,  the 
assistant  commissioner  shall  exercise  the  powers  and  per- 
form the  duties  of  the  commissioner.  In  the  event  of  the 
death,  absence  or  disability  of  both  the  commissioner  and 
the  assistant  commissioner,  the  governor,  with  the  advice 
and  consent  of  the  council,  may  appoint  an  acting  commis- 
sioner, who  shall  serve  until  the  commissioner  or  the  assist- 
ant commissioner  is  able  to  perform  the  duties  of  the  office. 

Section  2.  Said  chapter  nineteen  is  hereby  further 
amended  by  striking  out  section  two,  as  amended  by  section 
three  of  said  chapter  four  hundred  and  eighty-six,  and  in- 
serting in  place  thereof  the  following :  —  Section  2.  Upon 
the  expiration  of  the  term  of  office  of  the  commissioner,  his 
successor  shall  be  appointed  for  six  years  by  the  governor, 
with  the  advice  and  consent  of  the  council;  and  the  com- 
missioner shall  receive  such  salary,  not  exceeding  ten  thou- 
sand dollars,  as  the  governor  and  council  may  determine. 
Upon  the  expiration  of  the  term  of  ofiice  of  an  assistant 


G.  L.  (Ter. 
Ed.),  19,  §  2, 
etc.,  amended. 


Commissioner, 
term  of  ofiBce, 
etc. 


Acts,  1939.  —  Chap.  512.  773 

commissioner,  his  successor  shall  be  appointed  for  four  years 
by  the  commissioner,  with  the  approval  of  the  governor  and 
council;  and  the  assistant  commissioner  shall  receive  such 
salary,  not  exceeding  seventy-five  hundred  dollars,  as  the 
governor  and  council  may  determine.  Upon  the  expiration 
of  the  term  of  office  of  the  second  assistant  commissioner, 
his  successor  shall  be  appointed  for  four  years  by  the  com- 
missioner, with  the  approval  of  the  governor  and  council; 
and  the  second  assistant  commissioner  shall  receive  such 
salary,  not  exceeding  five  thousand  dollars,  as  the  governor 
and  council  may  determine.  The  commissioner,  assistant 
commissioner  and  second  assistant  commissioner  shall  be 
reimbursed  for  expenses  necessarily  incurred  in  the  per- 
formance of  their  duties,  and  shall  devote  their  entire  time 
to  the  affairs  of  the  department. 

Section  3.  As  soon  as  may  be  after  the  effective  date  of  '^^^f^l'^/ 
this  act,  a  second  assistant  commissioner  in  the  department 
of  mental  health,  qualified  as  provided  in  section  one,  shall 
be  appointed  for  four  years  by  the  commissioner  of  mental 
health,  with  the  approval  of  the  governor  and  council. 
Nothing  in  this  act  shall  affect  the  commissioner  of  mental 
health  or  the  assistant  commissioner  in  said  department, 
except  as  expressly  provided  therein. 

Approved  August  12,  1939. 

An  Act  making  additional  provisions  for  the  sewage  (JJku)  512 
disposal  needs  of  the  north  and  south  metropoli-         ^'' 
tan  districts  and  other  communities  which  now  and 
hereafter  may  be  included  in  said  districts. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Metropolitan  District  Sewer  Construc- 
tion Commission  is  hereby  established,  consisting  of  the 
commissioner  of  the  metropolitan  district  commission  as 
chairman,  the  director  and  chief  engineer  of  the  sewerage 
division  of  the  metropolitan  district  commission,  the  chief 
engineer  of  the  department  of  pubhc  health  of  the  common- 
wealth and  two  associate  commissioners,  to  be  appointed  by 
the  governor  and  council;  said  commission  being  herein- 
after referred  to  as  the  commission.  The  associate  commis- 
sioners of  the  commission  shall  serve  for  terms  of  five  years 
each  and  until  their  successors  are  qualified.  The  governor 
may,  for  cause,  remove  any  associate  commissioner  and  fill 
for  the  balance  of  the  unexpired  term,  any  vacancy  occur- 
ring among  the  associate  commissionerships.  The  associate 
commissioners  shall  each  receive  a  salary  of  four  thousand 
dollars  per  annum.  The  commission  may  hire  such  offices 
and  other  quarters  as  may  be  needed  for  the  conduct  of  its 


774  Acts,  1939.  —  Chap.  512. 

work.     The  commission  may  appoint  a  chief  engineer  at 
such  salary  as  may  be  approved  by  the  governor  and  council. 

Section  2.  The  commission  may  appoint,  and  in  its  dis- 
cretion remove,  such  engineering,  legal,  clerical  and  other 
assistants  as  they  may  deem  necessary  to  carry  on  the  work 
hereinafter  authorized,  and  may  fix  their  compensation  in 
accordance  with  such  rules  and  regulations  as  the  commis- 
sion may  establish  and  as  shall  be  approved  by  the  governor 
and  council.  Such  appointments  shall  not  be  subject  to 
classification  under  sections  forty-five  to  fifty,  inclusive,  of 
chapter  thirty  of  the  General  Laws,  and  chapter  thirty-one 
of  the  General  Laws  shall  not  apply  to  removals,  and,  in 
accordance  with  such  regulations  as  the  commission  may 
estabhsh  and  as  shall  be  approved  by  the  governor  and 
council,  any  appointment,  including  that  of  chief  engineer, 
may  be  wholly  exempt  from  said  chapter  thirty-one. 

Section  3.  Subject  to  the  conditions  hereinafter  imposed, 
the  commission  is  hereby  authorized  and  directed  to  carry 
out  the  following  projects:  —  Project  1.  To  construct  a 
storm  overflow  conduit  on  the  northerly  side  of  the  Charles 
river  for  the  purpose  of  providing  relief  from  storm  overflows 
into  the  Charles  river  basin,  including  a  pumping  station 
and  appurtenant  works.  Project  2.  To  construct  storm 
overflow  conduits  on  the  southerly  side  of  the  Charles  river 
for  the  purpose  of  providing  relief  from  storm  overflows 
into  the  Charles  river  basin,  including  a  pumping  station 
and  appurtenant  works.  Project  3.  To  construct  a  sewage 
treatment  plant  and  appurtenant  works  at  Nut  island  in 
the  city  of  Quincy.  Project  4-  To  provide  sludge  disposal 
equipment,  including  one  sludge  boat,  for  the  south  metro- 
politan sewerage  district.  Project  5.  To  construct  an  ex- 
tension of  the  north  metropolitan  relief  sewer  from  East 
Boston  to  Deer  island,  including  a  pumping  station  and 
appurtenant  works,  at  East  Boston.  Upon  completion  of 
said  projects  the  commission  shall  turn  the  same  over, 
together  with  all  appurtenances  and  property  incidental 
thereto,  to  the  metropolitan  district  commission,  which  shall 
hereafter  maintain  them  as  parts  of  the  metropolitan  sewer 
system  under  chapter  ninety-two  of  the  General  Laws,  with 
all  the  powers  and  duties  conferred  and  imposed  upon  it  by 
said  chapter.  For  the  purpose  of  carrying  out  said  projects, 
including  any  expenditures  on  account  of  the  purchase  or 
taking  of  land  or  damage  to  land  occasioned  by  the  construc- 
tion herein  provided  for,  the  commission  may  expend  sums, 
not  exceeding,  in  the  aggregate,  ten  million  four  hundred 
twenty-eight  thousand  dollars;  provided,  that  not  less  than 
forty-five  per  cent  of  the  sums  so  authorized  to  be  expended 
or  made  available  from  grants  of  federal  money. 

Section  4,  No  such  project  shall  be  entered  into  unless 
it  is  approved,  as  hereinafter  provided,  by  the  emergency 
public  works  commission,  established  under  section  one  of 
chapter  three  hundred  and  sixty-five  of  the  acts  of  nineteen 
hundred  and  thirty-three,  and  by  the  governor.    Said  emer- 


Acts,  1939.  —  Chap.  512.  775 

gency  public  works  commission  shall,  in  addition  to  the 
powers  and  duties  heretofore  conferred  and  imposed  upon 
it,  exercise  and  perform  the  powers  and  duties  hereinafter 
conferred  or  imposed  upon  it,  and  the  provisions  of  said 
section  which  relate  to  action  by  said  commission  shall 
apply  in  the  case  of  action  under  this  act.  Said  projects, 
when  so  approved,  shall  be  carried  out  in  all  respects  subject 
to  the  provisions  of  the  appropriate  federal  law  providing 
for  construction  of  projects  of  that  class,  and  the  rules  and 
regulations  made  pursuant  thereto,  and  to  such  terms,  con- 
ditions, rules  and  regulations,  not  inconsistent  with  such 
federal  laws  and  rules  and  regulations,  as  said  commission 
may  establish,  with  the  approval  of  the  governor,  to  ensure 
the  proper  execution  of  said  projects.  The  commonwealth 
may  accept  and  use  for  carrying  out  said  projects  so  ap- 
proved any  grant  of  federal  funds  under  any  federal  law, 
authority  to  make  application  therefor  being  hereby  granted 
to  the  said  emergenc}^  public  works  commission.  For  the 
purpose  only  of  carrying  out  said  projects,  the  state  treasurer 
may  from  time  to  time  borrow,  on  the  credit  of  the  com- 
monwealth, a  sum  or  sums,  not  exceeding,  in  the  aggregate, 
five  million  seven  hundred  thirty-five  thousand  four  hun- 
dred dollars,  and  may  issue  in  one  or  more  series  bonds, 
notes  or  other  forms  of  written  acknowledgment  of  debt, 
hereinafter  referred  to  as  obligations.  Each  series  shall 
carry  such  rates  of  interest  as  the  state  treasurer  may  fix, 
with  the  approval  of  the  governor,  and  shall  be  payable 
serially  in  such  amounts  and  at  such  times  as  the  state 
treasurer  may  determine,  with  the  approval  of  the  governor; 
provided,  that  the  principal  payments  of  each  series  shall 
be  made  annually  in  amounts  as  nearly  equal  as  may  be. 
The  obligation  last  payable  of  any  series  issued  for  the  pur- 
pose of  carrying  out  said  projects  shall  become  due  not 
later  than  such  number  of  years  from  the  date  of  the  obliga- 
tions of  such  series  as  the  governor  may  recommend  to  the 
general  court  in  accordance  with  section  three  of  Article 
LXII  of  the  amendments  to  the  constitution  of  the  common- 
wealth. All  obligations  issued  under  this  act  shall  be  signed 
by  the  state  treasurer  and  approved  by  the  governor.  All 
obligations  issued  under  this  act  shall  be  payable,  as  to  both 
principal  and  interest,  in  such  funds  as  are,  on  the  respective 
dates  of  payment  of  such  principal  and  interest,  legal  tender 
for  the  payment  of  debts  due  the  United  States  of  America. 
All  interest  pajonents  and  pajnments  on  account  of  principal 
on  such  obligations,  in  so  far  as  the  proceeds  of  such  obliga- 
tions are  used  to  meet  the  cost  of  projects  one  and  five 
hereunder  and  the  cost  of  maintenance  and  operation  of  the 
sewerage  works  constructed  under  said  projects  one  and  five 
shall  be  deemed  to  be,  and  shall  be  paid  as,  a  part  of  the 
interest,  sinking  fund  or  serial  bond  requirements  and  costs 
specified  in  chapter  four  hundred  and  thirty-nine  of  the 
acts  of  eighteen  hundred  and  eighty-nine  and  acts  in  amend- 
ment thereof  and  in  addition  thereto  and  affecting  the  same, 


776  Acts,  1939.  —  Chap.  512. 

and  shall  be  apportioned,  assessed  and  collected  in  the  man- 
ner provided  by  the  provisions  of  chapter  ninety-two  of  the 
General  Laws  relative  to  the  north  metropolitan  sewerage 
system ;  and  all  interest  payments  and  payments  on  account 
of  principal  on  such  obligations,  in  so  far  as  the  proceeds  of 
such  obligations  are  used  to  meet  the  cost  of  projects  two 
to  four,  inclusive,  hereunder  and  the  cost  of  maintenance 
and  operation  of  the  sewerage  works  constructed  under  said 
projects  two  to  four,  inclusive,  shall  be  deemed  to  be,  and 
shall  be  paid  as,  a  part  of  the  interest,  sinking  fund  or  serial 
bond  requirements  and  costs  specified  in  chapter  four  hun- 
dred and  twenty-four  of  the  acts  of  eighteen  hundred  and 
ninety-nine  and  acts  in  amendment  thereof  and  in  addition 
thereto  and  affecting  the  same,  and  shall  be  apportioned, 
assessed  and  collected  in  the  manner  provided  by  the  pro- 
visions of  chapter  ninety-two  of  the  General  Laws  relative 
to  the  south  metropolitan  sewerage  system. 

Section  5.  No  payment  shall  be  made  or  obhgation  in- 
curred for  the  carrying  out  of  said  projects  following  their 
approval  by  the  said  emergency  public  works  commission 
and  the  governor,  and  their  approval  for  federal  aid  by  the 
proper  federal  authorities,  until  plans,  specifications  and 
contracts  therefor,  and  alterations  thereto  subsequently 
proposed,  have  been  approved  by  the  said  commission, 
unless  otherwise  provided  b}^  such  rules  or  regulations  as 
said  commission  may  make. 

Section  6.  The  state  treasurer  shall  receive  all  moneys 
granted  to  the  commonwealth  for  the  purpose  of  carrying 
out  the  projects  provided  for  by  this  act.  Payment  from 
the  state  treasury  for  expenditures  incurred  under  this  act 
shall  be  made  in  accordance  with  the  procedure  prescribed 
under  section  eighteen  of  chapter  twenty-nine  of  the  Gen- 
eral Laws,  and  all  other  provisions  of  said  chapter  twenty- 
nine  shall  apply  in  the  case  of  any  project  undertaken  under 
this  act  or  any  expenditure  necessary  for  carrying  out  the 
purposes  hereof,  except  in  so  far  as  such  provisions  of  law  may 
be  in  conflict  ^vith  applicable  federal  laws  and  regulations. 

Section  7.  The  commission,  in  addition  to  any  powers 
expressly  given  by  law,  shall  have  such  powers  as  may  be 
determined  and  certified  by  said  emergency  public  works 
commission  to  be  proper  and  reasonably  necessary  to  carry 
out  said  projects,  including  the  power  to  take  property  by 
eminent  domain  under  chapter  seventy-nine  of  the  General 
Laws  on  behalf  of  the  commonwealth.  Said  emergency 
public  works  commission  is  hereby  authorized  to  make  any 
necessary  orders,  rules  and  regulations,  and  perform  all 
necessary  actions  under  this  act;  and  none  of  such  orders, 
rules,  regulations  and  actions  shall  be  declared  inoperative, 
illegal  or  void  for  any  omission  of  a  technical  nature  in 
respect  thereto.  The  commission,  acting  for  and  on  behalf 
of  the  commonwealth,  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
purchase  or  otherwise,  any  land,  water  rights,  rights-of-way 


Acts,  1939.  —  Chap.  512.  777 

or  easements,  public  or  private,  in  any  city  or  town  neces- 
sary or  desirable  for  accomplishing  purposes  of  this  act  and 
may  construct  such  works  under  or  over  any  bridge,  railroad, 
railway,  boulevard  or  other  public  way.  The  commission 
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  pubHc  utilities. 

Section  8.  In  order  to  provide  funds  to  carry  out  the 
projects  provided  for  under  the  provisions  of  this  act,  over 
and  above  the  amount  authorized  to  be  borrowed  by  the 
commonwealth  under  said  provisions,  in  anticipation  of  the 
receipt  by  the  commonwealth  of  contributions  therefor  due 
from  the  federal  government  under  agreements  for  grants, 
the  state  treasurer,  with  the  approval  of  the  governor,  may 
borrow  from  time  to  time,  on  the  credit  of  the  common- 
wealth, such  amounts  as  may  be  certified  by  the  emergency 
public  works  commission  to  be  necessary'  to  provide  such 
temporary  funds,  but  not  exceeding  at  the  time  of  any  such 
certification  the  balance  of  such  federal  grants  then  remain- 
ing unpaid,  and  the  state  treasurer  may  issue  and  renew 
notes  of  the  commonwealth  therefor,  bearing  interest  pay- 
able at  such  times  and  at  such  rates  as  shall  be  fixed  by  him, 
with  the  approval  of  the  governor.  Such  notes  shall  be 
issued  for  such  maximum  term  of  years  as  the  governor 
may  recommend  to  the  general  court  in  accordance  with 
section  three  of  Article  LXII  of  the  amendments  to  the 
constitution  of  the  commonwealth.  All  notes  issued  here- 
under shall  be  signed  by  the  state  treasurer,  approved  by 
the  governor  and  countersigned  by  the  comptroller. 

Section  9.  Pending  receipt  of  a  grant  of  federal  money 
for  the  foregoing  purposes,  the  metropolitan  district  com- 
mission shall  make  borings  and  surveys  and  prepare  plans 
and  specifications  for  each  of  the  foregoing  projects.  For 
the  purpose  of  carrying  out  said  work  said  commission  may 
expend,  from  the  amount  authorized  by  section  three,  a 
sum  not  exceeding  four  per  cent  of  the  estimated  cost  of  the 
aforementioned  projects. 

Section  10.  For  the  purpose  of  carrying  out  the  work  as 
provided  by  section  nine  the  state  treasurer  may  from  time 
to  time  borrow,  on  the  credit  of  the  commonwealth,  sums, 
not  exceeding,  in  the  aggregate,  four  per  cent  of  the  esti- 
mated cost  of  the  projects  hereinbefore  described,  and  may 
issue  in  one  or  more  series  bonds,  notes  or  other  forms  of 
written  acknowledgment  of  debt,  hereinafter  referred  to  as 
obligations.  Each  series  shall  carry  such  rates  of  interest  as 
the  state  treasurer  may  fix,  with  the  approval  of  the  gover- 
nor, and  shall  be  payable  serially  in  such  amounts  and  at 
such  times  as  the  state  treasurer  may  determine,  with  the 
approval  of  the  governor;  provided,  that  the  principal  pay- 
ments of  each  series  shall  be  made  annually  in  amounts 
as  nearly  equal  as  may  be.     The  obligation  last  payable  of 


778  Acts,  1939.  —  Chap.  512. 

any  series  issued  for  the  purpose  of  carrying  out  said  project 
shall  become  due  not  later  than  such  number  of  years  from 
the  date  of  the  obligations  of  such  series  as  the  governor  may 
recommend  to  the  general  court  in  accordance  with  section 
three  of  Article  LXII  of  the  amendments  to  the  constitution 
of  the  commonwealth.  All  obligations  issued  under  this 
section  shall  be  signed  by  the  state  treasurer  and  approved 
by  the  governor.  All  obhgations  issued  under  this  section 
shall  be  payable,  as  to  both  principal  and  interest,  in  such 
funds  as  are,  on  the  respective  dates  of  payment  of  such 
principal  and  interest,  legal  tender  for  the  payment  of  debts 
due  the  United  States  of  America.  All  interest  payments 
and  payments  on  account  of  principal  on  such  obligations 
shall  be  deemed  to  be,  and  shall  be  paid  as,  a  part  of  the 
interest,  sinking  fund  or  serial  bond  requirements  and  costs 
specified  in  chapter  four  hundred  and  thirty-nine  of  the  acts 
of  eighteen  hundred  and  eighty-nine  and  acts  in  amendment 
thereof  and  in  addition  thereto  and  affecting  the  same,  or 
specified  in  chapter  four  hundred  and  twenty-four  of  the 
acts  of  eighteen  hundred  and  ninety-nine  and  acts  in  amend- 
ment thereof  and  in  addition  thereto  and  affecting  the  same, 
as  the  case  may  be,  and  shall  be  apportioned,  assessed  and 
collected  in  the  manner  provided  by  the  provisions  of  chap- 
ter ninety-two  of  the  General  Laws  relative  to  the  north  or 
south  metropolitan  sewerage  system,  as  the  case  may  be. 

Section  11,  The  commission  shall  have,  in  addition  to 
any  powers  expressly  given  by  law,  such  powers  as  may  be 
proper  and  reasonably  necessary  to  carry  out  said  prepara- 
tion of  plans,  specifications  and  borings. 

Section  12,  Each  city  and  town,  including  the  city  of 
Boston,  using  metropolitan  sewers,  shall,  not  later  than 
January  first,  nineteen  hundred  and  forty-two,  when  directed 
by  the  metropolitan  district  commission,  expend  an  amount 
equal  to  one  twentieth  of  one  per  cent  of  its  taxable  valua- 
tion, to  be  met  by  loans  outside  the  debt  limit,  in  the  construc- 
tion, in  connection  with  its  sewerage  system  or  reconstruc- 
tion within  its  territorial  district,  of  conduits,  sewers,  drains, 
channels,  pumping  stations  and  other  works  for  the  separa- 
tion of  surface  or  storm  water,  as  defined  by  section  nine  of 
chapter  ninety-two  of  the  General  Laws,  now  entering  its 
sewerage  system.  Such  construction  or  reconstruction  shall 
be  in  accordance  with  plans  approved  by  the  metropolitan 
district  commission.  Failure  on  the  part  of  any  such  munici- 
pality to  comply  with  the  orders  of  said  commission  shall  be 
sufficient  reason  for  the  charging  by  said  commission  of  such 
additional  assessment  as  it  may  deem  necessary  to  compen- 
sate said  commission  for  the  disposal  of  surface  and  storm 
water  from  such  municipality. 

Section  13.  The  metropolitan  district  commission  shall, 
upon  the  completion  by  the  city  of  Boston  of  the  sewage 
treatment  plant  of  the  Boston  main  drainage  system,  dispose 
of  the  sludge  from  said  treatment  plant. 

Approved  August  12,  1939. 


Acts,  1939.  —  Chap.  513.  779 


An  Act  providing  for  certain  improvements  in  rivers  (^fj^p  5^3 

AND  STREAMS  FOR  THE  PURPOSE  OF  PROTECTION  AGAINST 
FLOOD,  TO  BE  FINANCED  BY  A  BOND  ISSUE,  AND  REGULAT- 
ING THE  BUILDING  OF  STRUCTURES  AND  OTHER  WORKS  IN 
RIVERS  AND  STREAMS  WITH  RESPECT  TO  WHICH  EXPENDI- 
TURES OF  FEDERAL,  STATE  OR  MUNICIPAL  FUNDS  HAVE 
BEEN  MADE  FOR  STREAM  CLEARANCE,  CHANNEL  IMPROVE- 
MENT OR  ANY  FORM  OF  FLOOD  CONTROL  OR  PREVENTION 
WORK. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^™^^^,"°y 
to  defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  in  this  act 
called  the  department,  for  the  purpose  of  protection  against 
flood,  may  remove  fallen  trees,  debris  and  other  obstructions 
in  rivers  and  streams,  may  restore,  repair,  construct  or  re- 
construct dams  or  other  structures  in  or  over  rivers  or 
streams,  may  alter  the  course  or  deepen  or  widen  the  channel 
of  any  river  or  stream,  may  conduct  any  surface  or  ground 
water  into  the  same,  may  build  retaining  walls  to  support 
any  part  of  the  banks  thereof,  and  may  enter  on  private  land 
for  any  of  the  foregoing  purposes. 

Section  2.  For  the  purposes  of  this  act,  the  department 
and  any  city  or  town  may  enter  into  agreements  whereby  a 
city  or  town  may  obligate  itself  to  acquire  such  lands  or 
rights  therein  as  may  be  necessary  for  carrying  out  any  work 
aforesaid  or  to  pay  all  expenses  incident  to  the  acquisition  of 
such  lands  and  rights  therein,  or  both.  For  the  purposes  of 
this  act,  the  department,  on  behalf  of  the  commonwealth, 
or  on  behalf  of  any  city  or  town  entering  into  an  agreement  to 
carry  out  any  work  as  aforesaid,  or  any  city  or  town  so  enter- 
ing into  any  agreement  aforesaid  on  its  own  behalf,  may 
enter  upon  or  take  by  eminent  domain  under  chapter  seventy- 
nine  of  the  General  Laws,  or  acquire  by  purchase  or  other- 
wise, such  pubhc  or  private  lands,  cemeteries,  public  parks 
or  reservations  or  parts  thereof  or  rights  therein,  including 
lands  or  rights  therein  under  the  control  of  the  metropolitan 
district  commission,  or  such  public  ways,  as  may  be  necessary 
for  carrying  out  any  such  work;  provided,  that  no  damages 
shall  be  paid  for  public  lands  or  parks,  parkways  or  reser- 
vations so  taken;  and  provided,  further,  that  the  depart- 
ment shall  not  enter  upon  land  used  as  a  source  of  public 
water  supply  without  the  consent  of  the  officials  in  charge 
thereof. 

Section  3.  For  the  purpose  of  paying  any  expenses 
incurred  under  any  agreement  entered  into  under  the  pre- 
ceding section,  a  city  or  town,  with  the  approval  of  the 
emergency  finance  board,  established  under  section  one  of 
chapter  forty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 


780  Acts,  1939. —  Chap.  513. 

three,  may  borrow  outside  its  statutory  limit  of  indebtedness 
such  sums  as  may  be  necessary,  and  may  issue  bonds  or 
notes  therefor,  which  shall  be  payable  in  not  more  than  ten 
years  from  their  dates,  and  such  indebtedness  shall,  except 
as  herein  provided,  be  subject  to  chapter  forty-four  of  the 
General  Laws. 

Section  4.  For  the  purposes  of  this  act,  the  department 
may  engage  advisory  hydraulic  engineering  services,  and 
shall  engage  the  services  of  biologists  or  other  consultants 
who  shall  advise  the  department  as  to  methods  for  conserv- 
ing wild  life  and  natural  resources  of  the  commonwealth  in 
connection  with  work  done  hereunder. 

Section  5.  For  the  purpose  of  carrying  out  the  provi- 
sions of  sections  one  to  four,  inclusive,  the  state  treasurer 
shall  from  time  to  time,  on  the  request  of  the  commissioner 
of  public  works,  and  subject  to  the  approval  of  the  governor 
and  council,  issue  bonds  of  the  commonwealth  to  an  amount 
not  exceeding,  in  the  aggregate,  the  sum  of  one  million  dol- 
lars, of  which  not  more  than  seven  hundred  and  fifty  thou- 
sand dollars  may  be  expended  for  the  removal  of  fallen  trees, 
debris  and  other  obstructions  in  rivers  and  streams  for  the 
safeguarding  of  property  and  highways  from  flood,  and  of 
which  not  more  than  two  hundred  and  fifty  thousand  dollars 
may  be  expended  for  the  purpose  of  restoring,  repairing, 
constructing  or  reconstructing  dams  and  bridges  and  for 
highway  projects  under  the  Hayden-Cartwright  Act,  so 
called.  Such  bonds  shall  be  issued  as  coupon  or  registered 
bonds  for  such  term  of  years  as  may  be  recommended  by  the 
governor  in  accordance  with  section  three  of  Article  LXII  of 
the  Amendments  to  the  Constitution,  and  shall  bear  interest 
at  such  rate  as  shall  be  fixed  by  the  state  treasurer,  with  the 
approval  of  the  governor  and  council.  All  interest  pay- 
ments and  payments  on  account  of  principal  on  such  bonds 
shall  be  paid  from  the  Highway  Fund;  provided,  that  not- 
withstanding the  foregoing  such  obligations  shall  be  general 
obligations  of  the  commonwealth. 
Ed^gT'^U'^  Section  6.  Chapter  ninety -one  of  the  General  Laws 
inserted.'  "'  '  is  hereby  amended  by  inserting  after  section  twelve,  as 
appearing  in  the  Tercentenary  Edition,  the  following  new 
^inl^ruct^on  scctiou :  —  Sectiou  12 A.  The  department  may  Hcense  and 
etc.,  of  dams',  prescribe  the  terms  for  the  construction  or  extension  of  a 
^^'''  dam,  road,  bridge  or  other  structure,  or  the  filling  of  land, 

the  driving  of  piles,  or  the  making  of  excavations,  in,  over 
or  upon  the  waters  below  high  water  mark  of  any  river  or 
stream  within  the  commonwealth  with  respect  to  which 
expenditures  from  federal,  state  or  municipal  funds  have 
been  made  for  stream  clearance,  channel  improvement  or 
any  form  of  flood  control  or  prevention  work,  and  the  provi- 
sions of  this  chapter  shall  apply  to  all  such  licenses.  Section 
twenty  shall  apply  to  any  person  authorized  by  the  general 
court  to  build  structures  or  do  other  work  in  said  rivers  and 
streams.  Every  erection  made,  and  all  work  done  on  or 
within  the  banks  of  said  rivers  and  streams,  below  high  water 


Acts,  1939.  —  Chap.  513.  781 

mark,  not  authorized  by  the  general  court  or  by  the  depart- 
ment, or  made  or  done  in  a  manner  not  sanctioned  by  the 
department,  without  a  hcense  as  hereinbefore  provided, 
shall  be  considered  a  public  nuisance.  The  attorney  general 
and  the  district  attorneys  within  their  respective  districts 
shall,  at  the  request  of  the  department,  institute  proceedings 
to  enjoin  or  abate  any  such  nuisance.  This  section  and  any 
such  license  shall  not  impair  the  legal  rights  or  remedies  of 
any  person. 

Section  7.  The  second  paragraph  of  section  one  of 
chapter  three  hundred  and  seventy-five  of  the  acts  of  nine- 
teen hundred  and  twenty-six  is  hereby  amended  by  striking 
out  in  the  fifteenth  to  the  seventeenth  lines,  inclusive,  the 
words  "shall  not  be  so  diverted  between  May  thirty-first 
and  December  first  in  any  j^ear  unless  such  diversion  be 
first  approved  by  the  state  department  of  pubhc  health." 
and  inserting  in  place  thereof  the  following :  —  may  be  so 
diverted  at  any  time  in  any  year,  including  the  period 
between  May  thirty-first  and  December  first,  but  no  such 
diversion  shall  be  made  between  said  dates  in  any  year 
unless  approved  by  the  state  department  of  public  health,  — 
so  that  said  paragraph  will  read  as  follows :  — 

The  commission,  on  behalf  of  the  commonwealth,  shall 
forthwith  for  the  purpose  of  extending  and  increasing  the 
water  supply  of  the  metropolitan  water  system,  and  of  such 
cities  and  towns  not  members  of  the  metropolitan  water  dis- 
trict as  may  hereafter  require  water  from  said  system,  divert 
into  the  Wachusett  reservoir  of  said  district  the  flood  waters, 
as  defined  in  section  four,  of  the  Ware  river  at  a  point  in  the 
town  of  Oakham  or  the  town  of  Barre  not  more  than  one 
mile  from  the  bridge  of  the  Boston  and  Albany  railroad  cross- 
ing said  river  in  the  village  of  Coldbrook,  and  construct  as 
a  part  of  the  metropolitan  water  system,  such  works  as 
may  be  necessary  for  such  extension  and  increase,  and  all 
structures  and  appurtenances  incidental  or  complementary 
thereto;  provided,  that  said  flood  waters  may  be  so  diverted 
at  any  time  in  any  year,  including  the  period  between  May 
thirty-first  and  December  first,  but  no  such  diversion  shall 
be  made  between  said  dates  in  any  year  unless  approved  by 
the  state  department  of  public  health.  Said  works,  and  par- 
ticularly the  aqueduct  or  tunnel  required  for  said  diversion, 
shall  be  constructed  at  such  grade  and  of  such  capacity  and 
otherwise  so  that  they  can  be  used  as  a  part  of  works  that 
shall  later  be  constructed  for  diverting  into  the  Wachusett 
reservoir  the  waters  of  the  Swift  river,  in  substantial  accord- 
ance with  the  plans  and  recommendations  of  the  joint  board 
on  water  supply  needs  and  resources  of  the  commonwealth 
as  contained  in  its  report  to  the  general  court  in  the  year 
nineteen  hundred  and  twenty-two,  printed  as  house  docu- 
ment number  fifteen  hundred  and  fifty  of  said  year.  All 
plans,  maps  and  records  of  said  joint  board  relating  to  the 
proposed  extension  to  the  Ware,  Swift  and  Millers  rivers 
shall  be  made  available  to  the  commission,  and  the  depart- 


782  Acts,  1939.  —  Chap.  514. 

ment  of  public  health  shall,  at  the  expense  of  the  commission, 
furnish  it,  on  request,  with  any  information  relative  to  said 
projects  that  said  department  may  have  in  its  possession. 
In  constructing  the  works  herein  authorized,  the  commis- 
sion may  adopt  such  emergency  methods  as  in  its  opinion 
may  be  necessary  or  desirable  to  secure  their  completion  as 
soon  as  the  public  necessity  may  require. 

Approved  August  12,  1939. 

Chap. 514:  An  Act  relative  to  the  municipal  finance  commission 

FOR    THE    TOWN    OF    MILLVILLE    AND    PROVIDING    FURTHER 
FOR    THE    FINANCIAL   RELIEF   OF   SAID    TOW^N. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  There  is  hereby  established  a  commission  to 
be  known  as  the  Millville  Municipal  Finance  Commission, 
hereinafter  called  the  commission,  to  consist  of  the  commis- 
sioner of  corporations  and  taxation,  the  attorney  general  and 
the  director  of  the  division  of  accounts  in  the  department  of 
corporations  and  taxation,  of  which  commission  the  commis- 
sioner of  corporations  and  taxation  shall  be  chairman.  Such 
members  shall  serve  for  a  period  terminating  on  April  twen- 
tieth, nineteen  hundred  and  forty-four.  The  action  of  any 
two  of  the  members  shall  constitute  the  action  of  the 
commission;  and  whenever  any  action  by  the  commission 
is  required  to  be  in  writing,  such  writing  shall  be  sufficient 
when  signed  by  any  two  of  the  members.  Such  members 
shall  receive  no  additional  compensation  for  acting  here- 
under, but  shall  be  paid  by  the  town  for  necessary  travel- 
ing and  other  expenses  incurred  in  the  performance  of  their 
duties  hereunder.  The  commission  may  at  such  time  or 
times  as  it  may  deem  advisable  make  a  report  or  reports  to 
the  general  court. 

Section  2.  Until  April  twentieth,  nineteen  hundred  and 
forty-four,  the  town  of  Millville  shall  have  the  capacity  to 
act  through  and  to  be  bound  by  the  commission  and  not 
otherwise,  except  as  hereinafter  provided,  and  the  commis- 
sion shall  have  and  exercise  exclusively,  so  far  as  will  con- 
form to  the  provisions  of  this  act,  all  rights,  powers  and 
duties  now  or  hereafter  conferred  or  imposed  upon  the  in- 
habitants of  said  town  and  its  officers,  and  the  commission 
shall  determine  the  amount  that  may  be  expended  for  any 
purpose  whatsoever  and  no  liability  shall  be  incurred  in 
excess  of  the  amount  so  determined,  notwithstanding  the 
common  law  or  any  provision  of  statutory  law  to  the  con- 
trary. The  commission  may  exercise  and  perform  such 
rights,  powers  and  duties  through  such  agent  or  agents  as  it 
may  designate.  The  commission,  on  behalf  of  the  town,  may 
issue  bonds  or  notes  of  the  town,  but  only  with  the  approval 
of  the  governor  and  council.  Upon  tender  to  the  state 
treasurer  of  any  notes  issued  by  the  town  under  this  section 
or  issued  by  it  in  anticipation  of  revenue,  they  shall  forth- 
with be  purchased  by  the  commonwealth  at  the  face  value 


Acts,  1939.  —  Chap.  514.  783 

thereof.  Such  notes,  if  issued  for  the  purposes  of  sale  to  the 
commonwealth,  shall  bear  such  rates  of  interest  as  in  the 
judgment  of  the  state  treasurer  and  the  commission  will 
cover  the  entire  cost  to  the  commonwealth  incurred  on  ac- 
count of  loans  to  the  town  hereunder,  including  interest  on 
money  borrowed  by  the  commonwealth  under  section  six 
of  this  act  and  all  expenses  in  connection  with  the  issue  of 
its  notes  thereunder.  The  commission  shall  have  the  power 
of  appointment  of  all  agents  hereunder  and  shall  fix  their 
compensation  and  assign  to  them  such  of  the  powers  and 
duties  of  the  commission  as  it  shall  specify;  may  purchase 
supphes,  and  may  employ  persons  to  do  work  for  the  town. 

Section  3.  In  the  distribution  of  the  proceeds  of  income 
taxes  under  the  provisions  of  section  eighteen  of  chapter 
fifty-eight  of  the  General  Laws  in  each  of  the  years  nineteen 
hundred  and  forty-one  to  nineteen  hundred  and  forty-four, 
inclusive,  there  shall  be  distributed  to  said  town,  in  addition 
to  its  normal  share,  the  sum  of  thirty  thousand  dollars. 

Section  4.  The  said  town  of  Millville,  shall  not,  in  the 
years  nineteen  hundred  and  forty-one  to  nineteen  hundred 
and  forty-four,  inclusive,  be  subject  to  assessment  under 
section  eighty-five  of  chapter  one  hundred  and  eleven  of 
the  General  Laws  for  the  maintenance  of  the  Worcester 
County  tuberculosis  hospital,  but  shall  be  entitled  to  have 
its  residents  who  are  suffering  from  tuberculosis  cared  for 
and  treated  at  said  hospital  during  said  years. 

Section  5.  In  each  of  said  years  nineteen  hundred  and 
forty-one  to  nineteen  hundred  and  forty-four,  inclusive,  the 
commission  shall  assess  all  property  within  said  town,  as 
far  as  may  be,  at  its  fair  cash  value  at  a  rate  twenty  per 
cent  in  excess  of  the  average  rate  of  tax  of  all  cities  and  towns 
of  the  commonwealth  for  the  preceding  year,  and  any 
amount  necessary  to  meet  expenditures  over  and  above  the 
amount  to  be  raised  from  taxes  and  estimated  to  be  received 
from  other  sources  shall  be  advanced  temporarily  by  the 
commonwealth  upon  receipt  of  notes  of  the  town  payable 
in  not  more  than  four  years  from  their  dates. 

Section  6.  The  state  treasurer,  with  the  approval  of 
the  governor  and  council,  may  borrow  from  time  to  time, 
on  the  credit  of  the  commonwealth,  such  sums  as  may  be 
necessary  to  provide  funds  for  loans  to  the  town  of  Millville 
as  provided  in  this  act,  but  not  exceeding,  in  the  aggregate, 
two  hundred  thousand  dollars,  and  may  issue  and  renew 
notes  of  the  commonwealth  therefor,  bearing  interest  pay- 
able at  such  times  and  at  such  rate  as  shall  be  fixed  by 
the  state  treasurer,  with  the  approval  of  the  governor  and 
council.  Such  notes  shall  be  issued  for  such  maximum  term 
of  years  as  the  governor  may  recommend  to  the  general 
court  in  accordance  with  section  three  of  Article  LXII  of 
the  amendments  to  the  constitution  of  the  commonwealth, 
but  such  notes,  whether  original  or  renewal,  shall  be  pay- 
able not  later  than  November  thirtieth,  nineteen  hundred 
and  forty-five.    All  notes  issued  under  this  section  shall  be 


784  Acts,  1939.  —  Chap.  514. 

signed  by  the  state  treasurer,  approved  by  the  governor  and 
countersigned  by  the  comptroller. 

Section  7.  During  the  period  ending  April  twentieth, 
nineteen  hundred  and  forty-four,  no  settlement  shall  be 
acquired  in  Millville,  any  other  provision  of  the  law  to  the 
contrary  notwithstanding. 

Section  8.  In  the  month  of  March  in  the  year  nineteen 
hundred  and  forty-four,  the  commission  shall  call  a  town 
meeting  for  the  purpose  of  filling  all  offices  theretofore  pro- 
vided to  be  filled  by  vote  of  the  inhabitants,  and  the  persons 
elected  at  such  meetings,  shall,  on  April  twentieth  of  said 
year,  or  as  soon  thereafter  as  they  qualify  for  their  offices, 
take  over  the  affairs  of  the  said  town  of  Millville. 

Section  9.  If,  on  April  twentieth,  nineteen  hundred  and 
forty-four,  the  principal  and  interest  on  all  notes  issued  by 
said  town  hereunder  and  under  chapter  four  hundred  and 
seventy  of  the  acts  of  nineteen  hundred  and  thirty-five  and 
purchased  by  the  commonwealth  have  not  been  paid  in  full, 
the  state  treasurer  shall  have  authority  not  later  than  the 
issue  of  his  warrant  for  the  town's  share  of  the  state  tax,  to 
issue  his  warrant  requiring  its  assessors  to  include  in  its  next 
annual  tax  levy  the  amount  necessary  to  pay  in  full  the 
portion  thereof  remaining  due  or  to  include  in  that  and  any 
succeeding  levy  the  amount  necessary  to  pay  any  instal- 
ment thereof  as  determined  and  certified  to  him  by  the 
commission  as  hereinafter  provided.  If,  in  the  opinion  of 
the  commission,  the  financial  affairs  of  said  town  warrant, 
the  commission  may  direct  the  assessment  of  the  amount 
remaining  due,  in  such  number  of  annual  instalments,  not 
exceeding  three,  as  may  seem  advisable;  provided  that  the 
amount  of  any  instalment  payable  in  any  year  shall  not  be 
less  than  the  amount  of  any  instalment  payable  in  any  sub- 
sequent year.  Prior  to  April  twentieth,  nineteen  hundred 
and  forty-four,  the  commission  shall  determine  and  certify 
to  the  state  treasurer  the  amount  of  each  instalment,  if  any, 
required  to  be  assessed  upon  the  said  town  in  the  several 
years.  The  amount  included  under  authority  hereof  in  the 
state  treasurer's  warrant  to  the  assessors  of  said  town  shall 
be  collected  and  paid  to  him  in  the  same  manner  and  sub- 
ject to  the  same  penalties  as  state  taxes,  and  if  such  amount 
is  not  duly  paid  as  aforesaid  by  the  said  town,  the  state 
treasurer  shall  have  authority  to  withhold,  from  any  sum 
due  from  the  commonwealth  to  it  and  not  previously  pledged, 
the  amount  necessary  to  pay  in  full  the  amount  remaining 
due  to  the  commonwealth  on  April  twentieth,  nineteen  hun- 
dred and  forty-four. 

Section  10.  Sections  seven  and  eight  of  chapter  four 
hundred  and  seventy  of  the  acts  of  nineteen  hundred  and 
thirty-five  are  hereby  repealed. 

Section  11.  Sections  one  to  nine,  inclusive,  of  this  act 
shall  become  effective  on  April  twenty-first,  nineteen  hun- 
dred and  forty.  Section  ten  of  this  act  shall  take  effect  upon 
its  passage.  Approved  August  12,  1939. 


Acts,  1939.  —  Chap.  515.  785 


An  Act  to  provide  for  the  establishment  of  a  division  Chap.blo 
OF  liquidations. 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  department  of  banking 
and  insurance,  but  in  no  manner  subject  to  its  control,  a 
division  of  liquidations,  which  shall  be  in  charge  of  a  direc- 
tor, who  shall  be  known  as  the  director  of  liquidations.  The 
director  of  liquidations  shall  be  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  council.  The  director  of 
liquidations  shall  receive  a  salary  of  five  thousand  dollars, 
to  be  paid  from  the  funds  of  the  institutions  administered 
by  him  and  to  be  allocated  among  such  institutions  and  in 
such  manner  as  the  supreme  judicial  court,  or  any  justice 
thereof,  may  order. 

Section  2.  There  are  hereby  transferred  to  and  vested 
in  the  director  of  liquidations  all  property  and  business  now 
in  the  possession  of  the  commissioner  of  banks  and  all  the 
powers,  duties  and  functions  of  the  commissioner  of  banks 
in  relation  to  the  conservation  and  liquidation  of  each  and 
all  trust  companies  now  in  the  possession  of  the  commissioner 
of  banks  as  contained  in  sections  twenty-four,  twenty-five, 
twenty-six,  twenty-nine,  thirty,  thirty-one,  thirty-one  A, 
thirty-two,  thirty-four,  thirty-five  B  and  thirty-six  of  chap- 
ter one  hundred  and  sixty-seven  of  the  General  Laws  and 
chapter  one  hundred  and  twenty-two  of  the  acts  of  nineteen 
hundred  and  thirty-two,  as  most  recently  amended  by  chap- 
ter two  hundred  and  ninety-two  of  the  acts  of  nineteen  hun- 
dred and  thirty-nine,  and  the  applicable  provisions  of  section 
nine  of  said  chapter  one  hundred  and  sixty-seven,  and  such 
other  powers,  duties  and  functions  as  the  supreme  judicial 
court,  or  any  justice  thereof,  may  authorize,  the  director  of 
liquidations  hereby  succeeding,  without  interruption  and 
without  affecting  in  any  manner  whatsoever  the  existing 
status  of  any  matter  in  any  way  related  thereto,  to  the  pos- 
session of  all  property  and  business  and  to  the  powers,  duties 
and  functions  of  the  commissioner  of  banks  under  said  pro- 
visions and  all  decrees  entered  in  pursuance  thereto. 

Section  3.  Whenever  the  liquidation  of  any  institution 
under  the  administration  of  the  director  of  liquidations  has 
been  completed  he  shall  transfer  and  deliver  to  the  commis- 
sioner of  banks  any  and  all  funds  and  property  remaining 
in  his  hands,  to  be  disposed  of  by  the  commissioner  of  banks 
in  accordance  with  law. 

Section  4.  This  act  shall  take  effect  on  September  first, 
nineteen  hundred  and  thirty-nine,  and  shall  become  inopera- 
tive on  April  first,  nineteen  hundred  and  forty-one. 

Approved  August  12,  1939. 


786  Acts,  1939. —Chap.  516. 


Chap.dlQ  An  Act  to  apportion  and  assess  for  the  current  year 
A  state  tax  of  eighteen  million  dollars  and  for  the 

YEAR    nineteen    HUNDRED    AND    FORTY    A    STATE    TAX    OF 

sixteen  million  dollars. 

^reambiT^  TF/icreas,   The  deferred  operation  of  this  act  would  in  part 

defeat  its  purpose,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  pubUc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Part  I. 

Section  1.  There  shall  be  a  state  tax  for  the  current  year 
amounting  in  the  aggregate  to  eighteen  milUon  dollars.  The 
cities  and  towns  in  the  commonwealth  shall  be  assessed  and 
charged  with,  and  shall  pay,  said  tax  in  the  proportions 
estabUshed  for  them,  respectively,  by  chapter  one  hundred 
and  fourteen  of  the  acts  of  the  year  nineteen  hundred  and 
thirty-eight.  The  comptroller  shall,  as  soon  as  may  be, 
prepare  a  schedule  showing  the  sum  with  which  each  city 
and  town  is  charged  in  accordance  with  this  part  and  trans- 
mit the  same  to  the  commissioner  of  corporations  and  taxa- 
tion, who  shall  verify  the  sums  appearing  in  such  schedule 
and  as  soon  as  may  be  thereafter  shall  certify  it  as  so  verified 
to  the  state  treasurer.  A  copy  of  the  schedule  as  so  verified 
shall  be  kept  in  the  office  of  said  commissioner  and  shall  be 
open  to  pubhc  inspection. 

Section  2.  Upon  receipt  by  the  state  treasurer  from  said 
commissioner  of  said  schedule  as  verified  and  certified  by 
him,  said  treasurer  shall  forthwith  send  his  warrants  to  the 
selectmen  or  assessors  of  each  city  and  town  taxed  as  afore- 
said, requiring  them  respectively  to  assess  in  the  manner 
provided  in  section  twenty-one  of  chapter  fifty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to  the 
commonwealth  as  specifically  provided  by  law  or  as  certified 
to  him  by  the  proper  state  board,  department  or  commis- 
sion, and  to  add  the  amount  of  such  taxes  and  charges  to 
the  amount  of  city,  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 

Section  3.  The  state  treasurer  in  his  warrant  shall 
require  the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  November  twentieth  in  the  current  year,  the  sums 
with  which  their  respective  cities  and  towns  are  charged  as 
provided  in  section  one;  and  the  selectmen  or  assessors, 
respectively,  shall  return  a  certificate  of  the  names  of  the 


Acts,  1939.  —  Chap.  516.  787 

treasurers  of  their  several  cities  and  towns,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  state  treasurer 
at  some  time  before  September  first  in  the  current  year. 

Section  4.  If  the  amount  due  from  any  city  or  town,  as 
provided  in  this  part,  is  not  paid  to  the  state  treasurer  within 
the  time  specified,  the  state  treasurer  shall  notify  the  treas- 
urer of  such  delinquent  city  or  town,  who  shall  pay  into  the 
treasury  of  the  commonwealth,  in  addition  to  the  tax,  such 
further  sum  as  would  be  equal  to  one  per  cent  per  month 
during  the  delinquency  from  and  after  November  twentieth 
of  the  current  year;  and  if  the  same  remains  unpaid  after 
December  first  of  the  current  year,  an  information  may  be 
filed  by  the  state  treasurer  in  the  supreme  judicial  court,  or 
before  any  justice  thereof,  against  such  delinquent  city 
or  town;  and  upon  notice  to  such  city  or  town,  and  a 
summary  hearing  thereon,  a  warrant  of  distress  may  issue 
against  such  city  or  town  to  enforce  the  payment  of  said 
taxes  under  such  penalties  as  the  court,  or  the  justice  thereof 
before  whom  the  hearing  is  had,  shall  order.  The  state 
treasurer  may  deduct  at  any  time  from  any  moneys  which 
may  be  due  from  the  commonwealth  to  any  city  or  town 
the  whole  or  any  part  of  the  tax  in  this  part  apportioned  or 
any  other  tax  or  charge  which  may  be  due  to  the  common- 
wealth from  such  city  or  town,  with  the  interest  accrued 
thereon. 

Part  II. 

Section  5.  There  shall  be  a  state  tax  for  the  year  nine- 
teen hundred  and  forty  amounting  in  the  aggregate  to  sixteen 
million  dollars.  The  cities  and  towns  in  the  commonwealth 
shall  be  assessed  and  charged  with,  and  shall  pay,  said  tax 
in  the  proportions  established  for  them,  respectively,  by 
chapter  one  hundred  and  fourteen  of  the  acts  of  nineteen 
hundred  and  thirty-eight.  The  comptroller  shall,  as  soon  as 
may  be,  prepare  a  schedule  showing  the  sum  with  which 
each  city  and  town  is  charged  in  accordance  with  this  part 
and  transmit  the  same  to  the  commissioner  of  corporations 
and  taxation,  who  shall  verify  the  sums  appearing  in  such 
schedule  and  as  soon  as  may  be  thereafter  shall  certify  it  as 
so  verified  to  the  state  treasurer.  A  copy  of  the  schedule  as 
so  verified  shall  be  kept  in  the  office  of  said  commissioner  and 
shall  be  open  to  pubhc  inspection. 

Section  6.  Upon  receipt  by  the  state  treasurer  from 
said  commissioner  of  said  schedule  as  verified  and  certified 
by  him,  said  treasurer  shall  forthwith  send  his  warrants  to 
the  selectmen  or  assessors  of  each  city  and  town  taxed  as 
aforesaid,  requiring  them  respectively  to  assess  in  the  man- 
ner provided  in  section  twenty-one  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section  two 
of  chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to  the 


788  Acts,  1939.  —  Chap.  517. 

commonwealth  as  specifically  provided  by  law  or  as  certified 
to  him  by  the  proper  state  board,  department  or  commission, 
and  to  add  the  amount  of  such  taxes  and  charges  to  the 
amount  of  city,  town  and  county  taxes  to  be  assessed  by 
them  respectively  on  each  city  and  town. 

Section  7.  The  state  treasurer  in  his  warrant  shall 
require  the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  November  twentieth  in  the  year  nineteen  hundred 
and  forty,  the  sums  with  which  their  respective  cities  and 
towns  are  charged  as  provided  in  section  five;  and  the 
selectmen  or  assessors,  respectively,  shall  return  a  certificate 
of  the  names  of  the  treasurers  of  their  several  cities  and 
towns,  with  the  sum  which  each  may  be  required  to  collect, 
to  the  state  treasurer  at  some  time  before  September  first 
in  the  year  nineteen  hundred  and  forty. 

Section  8.  If  the  amount  due  from  any  city  or  town,  as 
provided  in  this  part,  is  not  paid  to  the  state  treasurer  within 
the  time  specified,  the  state  treasurer  shall  notify  the  treas- 
urer of  such  delinquent  city  or  town,  who  shall  pay  into  the 
treasury  of  the  commonwealth,  in  addition  to  the  tax,  such 
further  sum  as  would  be  equal  to  one  per  cent  per  month 
during  the  delinquency  from  and  after  November  twentieth 
of  the  year  nineteen  hundred  and  forty;  and  if  the  same 
remains  unpaid  after  December  first  of  the  year  nineteen 
hundred  and  forty,  an  information  may  be  filed  by  the  state 
treasurer  in  the  supreme  judicial  court,  or  before  any  justice 
thereof,  against  such  delinquent  city  or  town;  and  upon 
notice  to  such  city  or  town,  and  a  summary  hearing  thereon, 
a  warrant  of  distress  may  issue  against  such  city  or  town  to 
enforce  the  payment  of  said  taxes  under  such  penalties  as 
the  court,  or  the  justice  thereof  before  whom  the  hearing  is 
had,  shall  order.  The  state  treasurer  may  deduct  at  any 
time  from  any  moneys  which  may  be  due  from  the  common- 
wealth to  any  city  or  town  the  whole  or  any  part  of  the  tax 
in  this  part  apportioned  or  any  other  tax  or  charge  which 
may  be  due  to  the  commonwealth  from  such  city  or  town, 
with  the  interest  accrued  thereon. 

Approved  August  12,  1939. 

Chap. 517  An  Act  relative  to  the  terms  of  certain  bonds,  notes 

OR  OTHER  FORMS  OF  W^RITTEN  ACKNOWLEDGMENT  OF  DEBT 
TO  BE  ISSUED  BY  THE  COMMONWEALTH. 

Emergency  Wheveas,  The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  term  of  the  bonds,  notes  and  other  forms  of 


Acts,  1939. —  Chap.  517.  789 

written  acknowledgment  of  debt  which  the  state  treasurer  is 
authorized  to  issue  under  sections  four  and  ten  of  chapter 
five  hundred  and  twelve  of  the  acts  of  the  current  year, 
making  additional  provisions  for  the  sewage  disposal  needs 
of  the  north  and  south  metropohtan  districts  and  other  com- 
munities which  now  and  hereafter  may  be  included  in  said 
districts,  shall  not  exceed  twenty  years,  and  no  portion  of 
the  principal  of  any  such  bonds,  notes  or  other  forms  of 
written  acknowledgment  of  debt  shall  be  payable  earlier 
than  four  years  from  the  effective  date  of  said  chapter,  and 
the  term  of  the  notes  which  said  treasurer  is  authorized  to 
issue  under  section  eight  of  said  chapter  shall  not  exceed  one 
year,  as  recommended  by  the  governor  in  a  message  to  the 
general  court  dated  August  twelfth,  nineteen  hundred  and 
thirty-nine,  in  pursuance  of  section  3  of  Article  LXII  of 
the  Amendments  to  the  Constitution. 

Section  2.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  notes  which  the  state  treasurer  is  authorized  to 
issue  under  section  six  of  chapter  five  hundred  and  fourteen 
of  the  acts  of  the  current  year,  relative  to  the  municipal 
finance  commission  for  the  town  of  Millville  and  providing 
further  for  the  financial  relief  of  said  town,  shall  be  issued  for 
maximum  terms  of  years  expiring  not  later  than  November 
thirtieth,  nineteen  hundred  and  forty-four,  as  recommended 
by  the  governor  in  a  message  to  the  general  court  dated 
August  twelfth,  nineteen  hundred  and  thirty-nine,  in  pur- 
suance of  section  3  of  Article  LXII  of  the  Amendments 
to  the  Constitution. 

Section  3.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  five  hundred  and  thir- 
teen of  the  acts  of  the  current  year,  providing  for  certain 
improvements  in  rivers  and  streams  for  the  purpose  of  pro- 
tection against  flood,  to  be  financed  by  a  bond  issue,  and 
regulating  the  building  of  structures  and  other  works  in 
rivers  and  streams  with  respect  to  which  expenditures  of 
federal,  state,  or  municipal  funds  have  been  made  for  stream 
clearance,  channel  improvement  or  any  form  of  flood  con- 
trol or  prevention  work,  shall  be  payable  not  earlier  than 
November  thirtieth,  nineteen  hundred  and  forty-one,  nor 
later  than  November  thirtieth,  nineteen  hundred  and  forty- 
five,  and  their  maturities  shall  be  so  arranged  that  the  pay- 
ments of  principal  on  account  of  such  bonds  in  each  of  the 
five  fiscal  years  of  the  five-year  period  ending  November 
thirtieth,  nineteen  hundred  and  forty-five,  will  be  equal,  as 
nearly  as  may  be,  as  recommended  by  the  governor  in  a 
message  to  the  general  court  dated  August  twelfth,  nineteen 
hundred  and  thirty-nine,  in  pursuance  of  section  3  of 
Article  LXII  of  the  Amendments  to  the  Constitution. 

Approved  August  12,  1939. 


790 


Acts,  1939.  —  Chap.  518. 


Chap.dl8  An  Act  further  in  addition  to  the  general  appropria- 
tion ACT  MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CER- 
TAIN ITEMS  CONTAINED  THEREIN,  AND  FOR  CERTAIN  NEW 
ACTIVITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  further  for  supplementing  certain 
items  in  the  general  appropriation  act,  and  for  certain  new 
activities,  the  sums  set  forth  in  section  two,  for  the  particu- 
lar purposes  and  subject  to  the  conditions  stated  therein, 
are  hereby  appropriated  from  the  general  fund  or  ordinary 
revenue  of  the  commonwealth,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof. 

Section  2. 


Appropriation 
Fiscal  Year 


Appropriation 

Fiscal  Year 

1940. 


Service  of  the  Massachusetts  Aeronautics  Commission. 

To  provide  for  the  administration  of 
laws  by  the.  Massachusetts  aero- 
nautics commission,  as  authorized 
by  chapter  three  hundred  and 
ninety-three  of  the  acts  of  the  pres- 
ent year,  there  is  hereby  trans- 
ferred from  that  part  of  item  610 
of  chapter  three  hundred  and  nine 
of  the  acts  of  the  present  year  ap- 
propriating twenty  thousand  dol- 
lars from  the  General  Fund  in  each 
of  the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hundred 
and  forty  the  sum  of  five  thousand 
dollars  in  the  year  nineteen  hun- 
dred and  thirty-nine  and  twenty 
thousand  dollars  in  the  year  nine- 
teen hundred  and  forty. 


Service  of  the  Department  of  Labor  and  Industries. 

For  expenses  of  the  temporary  com- 
mission on  apprentice  training       .  $2,000  00 

For  administration  of  the  law  relative 
to  the  advertising  and  sale  of  motor 
fuel  at  retail,  including  not  more 
than  eleven  permanent  positions, 
as  authorized  by  chapter  four  hun- 
dred and  fifty-nine  of  the  acts  of 
the  present  year  .  .  .  17,000  00 


$2,000  00 


470 


Labor  Relations  Commission: 
For  personal  services  of  the  commis- 
sioners and  employees,  including 
not  more  than  twenty  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 
For  administrative  expenses,  includ- 
ing office  rent,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpoto    . 


2.335  00 


57,800  00 


9,350  00 


Acts,  1939.  —  Chap.  518.  791 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

Service  of  the  Executive  Department. 

106a  For  emergency  purposes  arising  dur- 
ing the  fiscal  year  ending  Novem- 
ber thirtieth,  nineteen  hundred  and 
forty -  $250,000  00 

The  head  of  any  department  or  of 
any  agency  of  the  commonwealth 
may  make  written  application  to 
the  commission  on  administration 
and  finance  for  additional  funds 
to  be  paid  from  this  item  to  meet 
expenses  in  such  department  or 
agency  arising  during  the  said  year 
from  an  emergency.  Upon  receipt 
of  such  application,  said  commis- 
sion shall  investigate  the  need  for 
such  additional  funds  and  shall 
forthwith  advise  the  governor  in 
writing  of  all  pertinent  facts  rela- 
tive thereto;  and,  at  the  same 
time,  the  commission  shall  recom- 
mend in  writing  whether,  in  its 
opinion,  additional  funds  should  be 
made  available  and,  if  so,  in  what 
amount. 

Upon  receipt  of  such  recommenda- 
tion, the  governor,  ■w'ith  the  advice 
and  consent  of  the  council,  may 

direct  the  comptroller  to  transfer  \ 

from  this  item  to  said  department 
or  agency  such  amount  as  the  gov- 
ernor may  find  to  be  needed  to 
meet  such  emergency,  but  no  part 
of  the  amount  so  transferred  shall 
be  available  for  the  salaries  of  new 
positions  on  a  permanent  basis. 

Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 

319  For  other  personal  ser\aces  of  the  di- 

vision, including  expenses  of  the 
board  of  appeal  and  certain  other 
costs  of  supervising  motor  vehicle 
liability  insurance,  and  including 
not  more  than  one  hundred  and 
forty-four  permanent  positions,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  $1,200  00  5,000  00 

320  For  other  services,  including  printing 

the  annual  report,  traveling  ex- 
penses, necessary  office  supplies 
and  equipment  and  rent  of  offices, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 500  00  1,000  00 

Service  of  the  Department  of  Conservation. 

Marine  Fisheries: 
Items  304  and  306  of  chapter  three 
hundred  and  nine  of  the  acts  of  the 


792  Acts,  1939.  —  Chap.  518. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

present  year  are  hereby  consoli- 
dated, and  items  305  and  307  of 
said  chapter  three  hundred  and 
nine  are  also  hereby  consolidated. 

Service  of  the  Department  of  Public  Works. 

The  unexpended  balance  of  the  ap- 
propriation made  by  item  A  of 
section  two  of  chapter  five  hundred 
and  five  of  the  acts  of  nineteen 
hundred  and  thirty-eight  is  hereby 
reappropriated  and  made  available, 
in  addition  to  the  appropriation 
authorized  by  item  B  of  said  sec- 
tion two  of  said  chapter  five  hun- 
dred and  five,  for  the  purposes  set 
forth  in  said  item  B. 

Miscellaneous. 

624a     For  certain  improvements  in  Menem- 

sha  Creek  in  the  towns  of  Chilmark 

and  Gay  Head,  as  authorized  by 

and   subject  to   the   conditions   of 

chapter  seventy  of  the  resolves  of 

the  present  year  .  .  .  $7,500  00 

670b     For  reimbursement,  in  part,  of  the 

city  of  Boston  for  expenses  incurred 

by  said  city  in  the  operation  and 

maintenance  of  the  Sumner  Tunnel 

therein,  as  authorized  by  chapter 

seventy-one  of  the  resolves  of  the 

present  year,  to  be  paid  from  the 

Highway  Fund    ....  50,000  00  $50,000  00 

633b     For  the  removal  of  certain  hulks,  as 

authorized  by  chapter  four  hun- 
dred and  seventy-six  of  the  acts  of 

the  present  year,  to  be  paid  from 

the  Port  of  Boston  receipts  .  .  3,000  00 

Appropriations  made  in  chapters 
three  hundred  and  nine  and  four 
hundred  and  ninety-five  of  the  acts 
of  the  present  year,  by  items  325a, 
326a,  516,  518,  519,  520,  521,  526, 
527  and  535  shall  be  payable  from 
the  fund  provided  by  section 
twenty-one  of  chapter  four  hun- 
dred and  fifty-four  of  the  acts  of 
the  present  year  in  so  far  as  the 
new  revenue  payable  into  said 
fund   is  available. 

671  For  the  payment  of  claims  authorized 
by  certain  resolves  of  the  current 
year,  a  sum  not  exceeding  tliirty- 
four  thousand  four  hundred  four 
dollars  and  thirty-one  cents,  of 
which  amount  seventeen  thousand 
seven  hundred  ninety-eight  dollars 
and  twenty-five  cents  shall  be  paid 
from  the  Highway  Fund,  and  one 


Acts,  1939.  —  Chap.  518.  793 


Fiscal  Year  Fiscal  Year 

Item  1939.  1940. 

thousand  dollars  shall  be  paid  from 
maintenance  of  parks  reservations. 
Said  payments  shall  be  certified  by 
the  comptroller  of  the  common- 
wealth only  upon  the  filing  of  satis- 
factory releases  or  other  evidence 
that  the  payments  are  accepted 
as  full  compensation  on  the  part 
of   the  commonwealth   in  respect 

thereto $34,404  31 

665  For  the  payment  of  certain  annuities 
and  pensions  of  soldiers  and  others 
under  the  provisions  of  certain  acts 
and  resolves,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  ...  630  00  $2,040  00 
36aa  For  expenses  of  special  boards  estab- 
lished to  divide  certain  counties 
into  representative  districts  and  to 
assign  representatives  thereto,  as 
authorized  by  chapter  four  hun- 
dred and  sixty-seven  of  the  acts  of 
the  present  year  .  .  .  6,000  00 
311a  For  the  cost  of  acquiring  certain  land 
for  a  station  for  the  propagation  of 
lobsters,  as  authorized  by  chapter 
three  hundred  and  eighty-five  of 
the  acts  of  the  present  year  .          .                   50  00  - 

Special: 
215a     For    expenses    of    advertising    bond 

issues 1,000  00 

22  For  traveling  and  such  other  expenses 
of  the  committees  of  the  present 
general  court  as  may  be  authorized 
by  order  of  either  branch  of  the 
general  court,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose     ...  -  200  00 

36m  For  the  cost  of  travel  to  inspect  the 
metropolitan  water  system,  as  au- 
thorized by  a  joint  order  of  the 
general  court,  to  be  assessed  as  a 
part  of  the  cost  of  maintenance  of 
said  system  ....  100  00 

36n  For  an  investigation  by  a  special 
commission  of  the  law  relative  to 
the  incorporation  of  mutual  insur- 
ance companies,  as  authorized  by 
a  joint  order  of  the  general  court  .  1,500  00  - 

36o  For  the  cost  of  travel  and  sundry  in- 
vestigations by  the  joint  commit- 
tee on  ways  and  means,  as  author- 
ized by  a  joint  order  of  the  general 
court 3,500  00 

36p  For  the  cost  of  a  study  relative  to 
old  age  assistance,  as  authorized 
by  chapter  sixty-five  of  the  resolves 
of  the  present  year      .  .  .  2,000  00 

36q  For  an  investigation  by  a  special 
commission  relative  to  state  teach- 
ers colleges,  as  authorized  by  chap- 
ter seventy-three  of  the  resolves  of 
the  present  year  .  .  .  1,500  00  - 


794  Acts,  1939.  —  Chap.  518. 


_  _     _  ^ppropr 

Fiscal  Year  Fiscal  Year 

1939.  1940. 

State  Planning  Board. 

For  personal  services  of  secretary, 
chief  engineer,  and  other  assistants, 
including  not  more  than  eleven  per- 
manent positions,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  $8,250  00  $33,400  00 

For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  .  2,350  00  9,400  00 


Department  of  Public  World 

The  state  comptroller  is  hereby  au- 
thorized to  certify  for  payment 
liabilities  incurred  by  the  depart- 
ment of  public  works  which  are 
chargeable  to  item  609  of  section 
2  of  chapter  309  of  the  acts  of  1939, 
up  to  an  amount  equal  to  90%  of 
the  reimbursement  due  from  the 
federal  government  on  account  of 
highway  construction,  as  certified 
to  the  comptroller  by  the  commis- 
sioner of  public  works,  the  vouchers 
for  which  reimbursement  have  been 
presented  to  the  federal  govern- 
ment and  remain  unpaid. 


Legislative  Departmeyit. 

2A  For  additional  travel  allowance  for 
the  members  of  the  general  court, 
and  certain  officers  and  employees 
of  the  general  court,  and  for  addi- 
tional compensation  of  the  pages, 
in  consideration  of  the  extraor- 
dinary duration  of  the  current 
session  of  the  general  court,  in 
accordance  with  the  terms  of  a 
joint  order,  adopted  August  12th 
of  the  current  year     .  .  .  38,850  00 

2B  For  the  purpose  of  providing  a  sum 
necessary  for  the  payment  author- 
ized by  chapter  twenty-eight  of 
the  resolves  of  the  current  year  to 
the  parents  of  ex-representative 
John  J.  Kerrigan  .  .  .  2,000  00 


Metropolitan  District  Commission. 

682  For  personal  services  and  expenses 
of  the  division  of  metropolitan 
planning,  including  not  more  than 
six  permanent  employees  to  be  in 
addition  to  any  amount  heretofore 
appropriated  for  the  purpose         .  5,025  00 


Acts,  1939.  —  Chap.  518.  795 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 


1939.  1940. 


Department  of  Mental  Health. 

The  appropriations  made  by  chapter 
three  hundred  and  fifty-six  of  the 
acts  of  1938  by  item  five  hundred 
five  for  the  construction  of  a  house 
at  the  Northampton  state  hospital 
to  be  used  by  the  superintend- 
ent, including  certain  equipment, 
($15,000.00)  and  item  five  hun- 
dred six  of  said  chapter  three  hun- 
dred fifty-six  for  remodeling  and 
renovating  space  in  the  adminis- 
tration building  at  the  Northamp- 
ton state  hospital,  to  be  vacated 
by  the  superintendent,  for  a  surgi- 
cal suite  and  infirmary  ($15,000.00) 
are  hereby  re-appropriated,  in- 
cluding the  period  ending  May  25, 
1942. 


Totals $204,669  31        $470,290  00 

General  and  Highway  Funds      .  .  .        $198,544  31        $450,190  00 

Metropolitan  District  Commission      .  .  6,125  00  20,100  00 

Section  3.     This  act  shall  take  effect  upon  its  passage. 
Approved  August  12,  1939. 


RESOLVES, 


Resolve  establishing  a  special  commission  to  deter-  Chap.      1 

MINE  what  amendments  AND  ADDITIONS  TO  THE  LAWS 
OF  THE  COMMONWEALTH  HAVE  BECOME  NECESSARY  OR 
ADVISABLE  BY  REASON  OF  THE  INITIATIVE  AMENDMENT 
TO  THE  CONSTITUTION  PROVIDING  FOR  BIENNIAL  SESSIONS 
OF  THE   GENERAL   COURT  AND    FOR  A   BIENNIAL   BUDGET. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  one  senator  to  be  designated  by  the  president  of  the 
senate,  three  representatives  to  be  designated  by  the  speaker 
of  the  house  of  representatives  and  three  persons  to  be  ap- 
pointed by  the  governor,  is  hereby  estabhshed  for  the  pur- 
pose of  determining  what  amendments  and  additions  to  the 
laws  of  the  commonwealth  have  become  necessary  or  ad- 
visable by  reason  of  the  initiative  amendment  to  the  con- 
stitution providing  for  biennial  sessions  of  the  general  court 
and  for  a  biennial  budget.  In  acting  under  this  resolve, 
said  commission  shall  proceed  as  expeditiously  as  may  be, 
and,  so  far  as  possible,  shall  give  precedence  to  matters  relat- 
ing to  the  budget.  The  several  departments  and  agencies 
of  the  commonwealth  shall  furnish  the  commission,  upon 
its  request,  all  information  in  their  possession  relating  to 
any  matter  within  the  scope  of  this  resolve.  Said  com- 
mission shall  be  furnished  with  suitable  quarters  in  the 
state  house  or  elsewhere.  From  time  to  time  as  any  such 
amendments  or  additions  relating  to  any  particular  matter 
aforesaid  are  determined  by  said  commission  to  be  neces- 
sary or  advisable,  it  shall  report  to  the  general  court  drafts 
of  legislation  embodying  the  same,  together  with  its  reasons 
why  such  legislation  should  be  enacted  into  law. 

Approved  January  5,  1939. 


Resolve  validating  certain  acts  of  Virginia   walker  (JJiap,      2 

SMITH    of   FALMOUTH   AS   A    NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Virginia  Walker  Smith  of 
Falmouth  as  a  notary  public,  between  May  thirtieth,  nine- 
teen hundred  and  thirty-seven,  and  September  ninth,  nine- 
teen hundred  and  thirty-eight,  both  dates  inclusive,  in  so 
far  as  the  same  may  have  been  invalid  by  reason  of  the  fact 
that,  upon  the  change  of  her  name  from  Virginia  B.  Walker, 
she  failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.         Approved  February  2,  1939. 


798  Resolves,  1939.  —  Chaps.  3,  4,  5,  6,  7. 


Chap.      3  Resolve  validating  the  acts  of  max  j.  moskow  op  bos- 
ton AS  A  notary   public. 

Resolved,  That  the  acts  of  Max  J.  Moskow  of  Boston  as 
a  notary  public,  between  July  eighth  and  November  first, 
nineteen  hundred  and  thirty-eight,  both  dates  inclusive, 
are  hereby  confirmed  and  made  valid  to  the  same  extent 
as  if  during  said  time  he  had  been  qualified  to  discharge 
the  duties  of  said  office.  Approved  February  2,  1939. 


Chap.      4  Resolve  validating  the  acts  of  Clifford  h.  walker  of 

NEWTON   AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Clifford  H.  Walker  of  Newton 
as  a  notary  public,  between  September  sixteenth  and  De- 
cember thirtieth,  nineteen  hundred  and  thirty-eight,  both 
dates  inclusive,  are  hereby  confirmed  and  made  valid  to 
the  same  extent  as  if  during  said  time  he  had  been  qualified 
to  discharge  the  duties  of  said  office. 

Approved  February  2,  1939. 


Chap.     5  Resolve  authorizing  the  granting  to  the  town  of 

FRAMINGHAM  OF  AN  EASEMENT  IN  CERTAIN  STATE  LAND 
FOR  THE  CONSTRUCTION  AND  MAINTENANCE  BY  IT  OF  A 
MAIN   SEWER   IN   AND   ACROSS   SAID   LAND. 

Resolved,  That  the  commissioner  of  education,  on  behalf 
of  the  commonwealth,  is  hereby  authorized  to  grant  to  the 
town  of  Framingham,  by  instrument  or  instruments  ap- 
proved by  the  attorney  general,  an  easement  in  land  of  the 
commonwealth  at  the  state  teachers  college  in  said  town 
for  the  construction  and  maintenance  by  said  town  of  a 
main  sewer  in  and  across  said  land. 

Approved  February  16,  1939. 


Chap.      6  Resolve  validating  the  acts  of  viola  b.  kneeland  of 

BROOKLINE   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Viola  B.  Kneeland  of  Brook- 
line  as  a  notary  public,  between  September  ninth,  nineteen 
hundred  and  thirty-eight,  and  January  sixth,  nineteen  hun- 
dred and  thirty-nine,  both  dates  inclusive,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  if  during 
said  time  she  had  been  qualified  to  discharge  the  duties  of 
said  office.  Approved  February  21,  1939. 

Chap.     7  Resolve  validating  the  acts  of  norman  timothy  aldrich 

AS   A   notary   public. 

Resolved,  That  the  acts  of  Norman  Timothy  Aldrich  of 
Westfield  as  a  notary  public,  between  July  twenty-ninth, 
nineteen   hundred    and   thirty-eight,    and   November   first. 


Resolves,  1939. —  Chaps.  8,  9,  10,  11.  799 

nineteen  hundred  and  thirty-eight,  both  dates  inclusive, 
are  hereby  confirmed  and  made  vaHd  to  the  same  extent 
as  if  during  said  time  he  had  been  quahfied  to  discharge  the 
duties  of  said  office.  Approved  February  21,  1939. 

Resolve  validating  the  acts  of  ruth  mildred  moore  Qjiav.     8 

AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Ruth  Mildred  Moore  of  West- 
field  as  a  notary  public,  between  May  fourth,  nineteen 
hundred  and  thirty-eight,  and  September  first,  nineteen 
hundred  and  thirty-eight,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  if  during 
said  time  she  had  been  qualified  to  discharge  the  duties  of 
said  office.  Approved  February  21,  1939. 

Resolve  validating  the  acts  of  grace  m.  klingelfuss  (Jfiap^     9 

AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Grace  M.  Klingelfuss  of  Nan- 
tucket as  a  notary  public  between  September  twenty-fifth, 
nineteen  hundred  and  thirty-five,  and  January  thirteenth, 
nineteen  hundred  and  thirty-nine,  both  dates  inclusive,  in 
so  far  as  the  same  may  have  been  invalid  by  reason  of  the 
fact  that,  upon  the  change  of  her  name  from  Grace  M. 
Henry,  she  failed  to  re-register  under  her  new  name  and 
pay  to  the  state  secretary  a  fee  of  one  dollar  as  required  by 
section  thirteen  of  chapter  thirty  of  the  General  Laws,  are 
hereby  confirmed  and  made  valid. 

Approved  February  21,  1939. 

Resolve  validating  the  acts  of  bella  r.  Silverman  of  Qfiaj),    10 

NEWTON   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Bella  R.  Silverman  of  Newton 
as  a  notary  public  between  August  twenty-eighth,  nineteen 
hundred  and  thirty-eight,  and  October  seventh,  nineteen 
hundred  and  thirty-eight,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Bella  Rose  Feldberg, 
she  failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.  Approved  March  4,  1939. 

Resolve  relative  to  the  use  of  the  state  armory  in  Chap.    11 

THE  CITY  OF  TAUNTON  FOR  CERTAIN  EXHIBITION  PURPOSES 
DURING  THE  OBSERVANCE  IN  THE  CURRENT  YEAR  OF  THE 
TERCENTENARY  OF  THE  SETTLEMENT  OF  SAID  MUNICIPALITY 
AS   A   TOWN. 

Resolved,  That,  during  the  observance  in  the  current  year 
of  the  tercentenary  of  the  settlement  of  the  city  of  Taunton 
as  a  town,  the  state  armory  located  therein  may  be  used  by 


800  Resolves,  1939.  —  Chap.  12. 

the  Manufacturers  and  Employers  Association  of  said  city 
for  industrial  exhibition  purposes  for  a  period  not  exceeding 
sixteen  days.  Compensation  for  said  use  of  said  armory 
shall  be  fixed  by  the  adjutant  general  with  the  approval  of 
the  commander-in-chief,  and  shall  not  exceed  a  sum  sufficient 
to  cover  all  expenses  of  lighting,  heating  and  guarding  the 
armory,  and  similar  expenses ;  and  such  use,  except  as  herein 
otherwise  provided,  shall  be  subject  to  subsections  (6),  (d) 
and  (e)  of  section  forty-eight  of  chapter  thirty-three  of  the 
General  Laws.  Approved  May  S,  1939. 

Chap.    12  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  unpaid  COMMISSION  OF  THE  PARDON  AND  PA- 
ROLE SYSTEMS  IN  THE  COMMONWEALTH  AND  OF  THE  FACTS 
AND  CIRCUMSTANCES  SURROUNDING  THE  GRANTING  OF  CER- 
TAIN  PARDONS  AND   PAROLES. 

Resolved,  That  a  special  unpaid  commission,  consisting  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  pardon 
and  parole  systems  in  the  commonwealth,  and  related  mat- 
ters, and  the  facts  and  circumstances  surrounding  the  grant- 
ing of  pardons  by  the  governor,  with  the  advice  and  consent 
of  the  council,  and  the  granting  of  paroles  by  the  parole 
board,  and  particularly  the  facts  and  circumstances  sur- 
rounding the  granting  of  pardons  by  the  governor,  with  like 
advice  and  consent,  in  the  closing  weeks  of  the  year  nine- 
teen hundred  and  thirty-eight,  to  Raymond  L.  S.  Patriarca,, 
John  S.  Tartar  and  certain  other  persons.  Said  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, shall  hold  hearings,  and  may  require  by  summons 
the  attendance  and  testimony  of  witnesses  and  the  produc- 
tion of  books  and  papers  relating  to  matters  under  investi- 
gation. Any  justice  of  the  supreme  judicial  court  or  of  the 
superior  court  may,  upon  application  of  said  commission, 
compel  the  attendance  of  witnesses  summoned  as  aforesaid 
and  the  giving  of  testimony  before  said  commission  in 
furtherance  of  any  investigation  under  this  resolve,  in  the 
same  manner  and  to  the  same  extent  as  before  said  courts. 
No  person  shall  be  excused  from  attending  and  testifying 
in  the  course  of  such  investigation,  or  from  producing  any 
books,  papers  or  documents,  on  the  ground  that  his  testi- 
mony or  evidence,  documentary  or  otherwise,  may  tend  to 
criminate  him  or  subject  him  to  a  penalty  or  forfeiture; 
but  he  shall  not  be  prosecuted  or  subjected  to  penalty  or 
forfeiture  for  or  on  account  of  any  action,  matter  or  thing 
concerning  which  he  may  be  required  to  testify  or  produce 
evidence,  documentary  or  otherwise,  in  the  course  of  such 
investigation,  except  for  perjury  committed  in  such  testi- 
mony.   Said  commission  may  expend  for  legal,  clerical  and 


Resolves,  1939.  —  Chaps.  13,  14.  801 

other  services  and  expenses  sums,  not  exceeding,  iu  the  ag- 
gregate, two  thousand  dollars,  which  sum  is  hereby  appro- 
priated from  the  general  fund  or  revenue  of  the  common- 
wealth in  advance  of  final  action  on  the  general  appropriation 
bill,  pursuant  to  a  recommendation  of  the  governor  to  that 
effect.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study  and  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  or  pro- 
posals for  amendments  to  the  constitution,  or  both,  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  prior  to 
the  prorogation  of  the  current  session  of  the  general  court. 

Approved  May  5,  1939. 

Resolve  to  provide  for  the  improvement  of  the  ap-  QJiav.    13 

PROACHES  to  the  ARMY  BASE  TERMINAL  IN  BOSTON 
HARBOR. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  commonwealth,  subject  to  appropriation,  for  the 
improvement  of  the  approaches  to  the  army  base  terminal, 
so  called,  in  Boston  harbor,  a  sum  not  exceeding  one  hun- 
dred and  fifty  thousand  dollars;  provided,  that  the  secre- 
tary of  war  of  the  United  States  shall  give  to  the  department 
of  pubHc  works  assurances  satisfactory  to  it  that  he  will 
accept  such  sum  and  do  such  work  as  is  necessary  in  the 
opinion  of  said  department  for  the  improvement  of  said 
approaches  at  a  cost  not  exceeding  one  hundred  and  fifty 
thousand  dollars,  and  that  he  will  cause  to  be  paid  back 
to  the  commonwealth  such  sum  as  represents  the  reason- 
able cost,  estimated  at  one  hundred  and  three  thousand 
dollars,  of  that  part  of  the  improvement  which  has  been 
accepted  by  Congress  as  a  federal  project.  Upon  receipt 
of  such  assurances,  the  one  hundred  and  fifty  thousand 
dollars  hereby  provided  shall  be  placed  to  the  credit  of  said 
secretary  of  war  as  a  cash  deposit,  for  the  improvement  of 
the  approaches  to  said  army  base  terminal. 

Approved  May  9,  1939. 

Resolve   providing   for  an  investigation   by  the  de-  Phnj)     14 

PARTMENT    OF    PUBLIC    HEALTH,     IN    CO-OPERATION    WITH  ^' 

THE  FEDERAL  WORKS  PROGRESS  ADMINISTRATION,  RELA- 
TIVE TO  THE  VARIETIES  AND  PREVALENCE  OF  CERTAIN 
KINDS  OF  MOSQUITOES  IN  THE  COMMONWEALTH  OF  MASSA- 
CHUSETTS. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  to  investigate,  in  co-operation  with  the  Federal 
Works  Progress  Administration  or  its  successor,  the  preva- 
lence and  the  seasonal  and  geographical  distribution  of  mos- 
quitoes throughout  the  commonwealth.  For  said  purpose 
said  department  may  expend  for  services,  other  than  serv- 
ices of  said  Federal  Works  Progress  Administration  or  its 


802  Resolves,  1939.  —  Chaps.  15,  16,  17. 

successor,  and  for  traveling  expenses,  supplies,  materials 
and  equipment,  a  sum  not  exceeding  seventeen  thousand 
five  hundred  dollars,  which  sum  is  hereby  appropriated 
from  the  General  Fund  or  ordinary  revenue  of  the  common- 
wealth in  advance  of  final  action  on  the  general  appropria- 
tion bill,  pursuant  to  a  recommendation  of  the  governor 
to  that  effect.  Said  department  shall  report  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  year  nine- 
teen hundred  and  forty.  Approved  May  9,  19S9. 

Chap,   15  Resolve  in  aid  of  the  grand  army  of  the  republic, 

DEPARTMENT   OF   MASSACHUSETTS. 

Resolved  J  That,  subject  to  appropriation,  there  be  al- 
lowed and  paid  from  the  treasury  of  the  commonwealth  a 
sum  not  exceeding  two  thousand  dollars,  in  addition  to  any 
unexpended  balance  remaining  from  any  amount  hereto- 
fore appropriated  for  the  same  purpose,  to  aid  in  defraying 
the  expenses  of  the  Grand  Army  of  the  RepubUc,  Depart- 
ment of  Massachusetts.  Payments  for  such  aid  shall  be 
made  upon  the  presentation  to  the  comptroller  of  vouchers 
therefor,  approved  by  the  assistant  adjutant  general  and 
the  commander  of  said  department. 

Approved  May  12,  1939. 

Chap.   16  Resolve   signifying   the   commonwealth's   acceptance 

OF  A   CERTAIN   DRAWING    OF   A   HEATH   HEN,    A   SPECIES   OF 
BIRD   NOW    EXTINCT   IN    THE   COMMONWEALTH. 

Resolved,  That  a  crayon  drawing  of  a  heath  hen,  a  species 
of  bird  last  appearing  on  Martha's  Vineyard  and  now  ex- 
tinct in  this  commonwealth,  which  drawing  is  proposed  to 
be  presented  to  the  commonwealth  by  Lemuel  Powers  of 
Springfield,  be  accepted,  subject  to  the  approval  of  the  art 
commission  of  the  commonwealth,  and  placed  for  public 
exhibition  in  some  appropriate  location  within  the  common- 
wealth, to  be  determined  by  said  commission. 

Approved  May  15,  1939. 

Chap.  17  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  RELATIVE  TO  PROVIDING  FOR  AN  APPELLATE 
COURT,  ESTABLISHING  ITS  JURISDICTION  AND  PROVIDING 
FOR  APPEALS  THEREFROM  TO  THE  SUPREME  JUDICIAL 
COURT. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document, 
numbered  thirteen  hundred  and  fifty-five,  relative  to  pro- 
viding for  an  appellate  court,  establishing  its  jurisdiction 
and  providing  for  appeals  therefrom  to  the  supreme  judicial 


Resolves,  1939.  —  Chaps.  18,  19,  20.  803 

court,  and  to  include  its  conclusions  and  recommendations 
in  relation  thereto,  with  drafts  of  such  legislation  as  may  be 
necessary  to  give  effect  to  the  same,  in  its  annual  report  for 
the  year  nineteen  hundred  and  forty. 

Approved  May  18,  1939. 


Resolve  providing  for  an  investigation  by  the  judicial  Chap.    18 

COUNCIL   relative   TO    COMMON    TRUST   FUNDS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  twenty-two  hundred  and  forty-five,  relative  to 
common  trust  funds,  and  to  include  its  conclusions  and 
recommendations  in  relation  to  such  subject  matter,  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  year  nineteen  hun- 
dred and  forty.  Approved  May  18,  1939. 


Resolve  providing  for  the  distribution  of  the  ter-  Qhav     19 

CENTENARY    EDITION   OF   THE    GENERAL   LAWS   TO    CERTAIN 
MEMBERS   OF   THE    PRESENT   GENERAL   COURT. 

Resolved,  That  the  state  secretary,  in  distributing  the 
Tercentenary  Edition  of  the  General  Laws  to  members  of 
the  general  court  in  accordance  with  chapter  fifty-three  of 
the  resolves  of  nineteen  hundred  and  thirty-two,  shall  also 
distribute,  upon  written  request,  one  copy  thereof,  and  of 
the  index  thereto,  to  each  member  of  the  present  general 
court  who  was  not  a  member  of  the  general  court  during 
any  of  the  years  nineteen  hundred  and  thirty-one  to  nine- 
teen hundred  and  thirty-eight,  inclusive. 

Approved  May  IS,  1939. 


Resolve  providing  for  an  investigation  by  the  judi-  CJiqt)    20 

CIAL    COUNCIL    relative    TO    REGULATING    COMMON    LAW  ' 

ASSIGNMENTS  FOR  THE  BENEFIT  OF  CREDITORS  AND  TO 
MAKING  TRUSTS  FOR  THE  BENEFIT  OF  CREDITORS  SUBJECT 
TO   THE   JURISDICTION   OK   PROBATE    COURTS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  two  hundred  and  thirty-seven,  relative  to  regu- 
lating common  law  assignments  for  the  benefit  of  creditors 
and  providing  for  speedy  and  orderly  completion  of  all  pro- 
ceedings thereunder,  and  of  current  house  document  num- 
bered six  hundred  and  forty-one,  relative  to  making  trusts 
for  the  benefit  of  creditors  subject  to  the  jurisdiction  of 
probate  courts,  and  to  include  its  conclusions  and  recom- 
menda,tions,  if  any,  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same, 
in  its  annual  report  for  the  year  nineteen  hundred  and  forty. 

Approved  May  29,  1939. 


804  Resolves,  1939. —  Chaps.  21,  22. 


Chap.  21  Resolve  providing  for  an  investigation  by  the  divi- 
sion OF  metropolitan  planning  relative  to  improv- 
ing transportation  facilities  for  the  city  of  som- 

ERVILLE   and   the   town    of   ARLINGTON, 

Resolved,  That  the  division  of  metropoHtan  planning  of 
the  metropoHtan  district  commission  is  hereby  authorized 
and  directed  to  investigate  the  advisabihty  of  extending 
the  rapid  transit  system  of  the  Boston  Elevated  Railway 
through  Lechmere  Square,  Cambridge,  and  Davis  Square, 
Somerville,  to  Arlington,  and  also  the  possibility  and  ad- 
visability of  financing  the  work  herein  referred  to  in  whole 
or  in  part  by  means  of  grants  or  loans  from  the  federal  gov- 
ernment through  Public  Works  Administration  or  Works 
Progress  Administration  or  otherwise,  and  the  possibihty 
and  advisability  of  financing  any  balance  of  such  work,  re- 
maining after  the  expenditure  of  such  loans  or  grants,  by 
means  of  loan,  grant  or  otherwise  from  the  Reconstruction 
Finance  Corporation  or  other  federal  authority.  Said  divi- 
sion shall  report  to  the  general  court  the  results  of  its  in- 
vestigations and  its  recommendations,  if  any,  together  with 
drafts  of  such  legislation  as  may  be  necessary  to  carry  its 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  June  fif- 
teenth of  the  current  year.  Approved  May  29,  1939. 


Chap.   22  Resolve  authorizing  the  compilation  of  information 

OBTAINED  BY  THE  DEPARTMENT  OF  PUBLIC  HEALTH  IN 
CO-OPERATION  WITH  THE  FEDERAL  WORKS  PROGRESS  AD- 
MINISTRATION RELATIVE  TO  THE  SANITARY  CONDITION  OF 
CERTAIN    RIVERS    IN   THE    COMMONWEALTH. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  to  co-operate  with  the  Federal  Works  Progress 
Administration,  or  its  successor,  in  the  compilation  of  in- 
formation obtained  by  the  department  in  co-operation  with 
said  Administration,  under  the  provisions  of  chapter  forty- 
nine  of  the  resolves  of  nineteen  hundred  and  thirty-six, 
chapter  sixty-six  of  the  resolves  of  nineteen  hundred  and 
thirty-seven,  and  chapter  twenty-five  of  the  resolves  of 
nineteen  hundred  and  thirty-eight,  relating  to  the  sanitary 
condition  of  certain  rivers  within  the  limits  of  the  common- 
wealth. For  said  purpose  said  department  may  expend  for 
services  other  than  personal  services,  and  for  traveling  ex- 
penses, supplies,  materials  and  equipment,  such  sums,  not 
exceeding,  in  the  aggregate,  two  thousand  dollars,  as  may 
hereafter  be  appropriated  therefor,  in  addition  to  the  unex- 
pended balance  of  the  amount  appropriated  by  item  33e  of 
section  two  of  chapter  four  hundred  and  ninety-seven  of  the 
acts  of  nineteen  hundred  and  thirty-eight. 

Approved  June  12,  1939. 


Resolves,  1939. —  Chaps.  23,  24,  25.  805 

Resolve  providing  for  further  investigation  by  the  QJi^j)     23 

DEPARTMENT  OF  CONSERVATION  RELATIVE  TO  THE  PROPA- 
GATION  OF  LOBSTERS  BY  THE  COMMONWEALTH. 

Resolved,  That,  for  the  purpose  of  completing  certain  in- 
vestigations relative  to  the  propagation  of  lobsters  by  the 
commonwealth,  as  authorized  by  chapter  twenty-three  of 
the  resolves  of  nineteen  hundred  and  thirty-eight,  the  de- 
partment of  conservation  may  expend  such  portions  of  the 
unexpended  balance  of  the  amount  appropriated  by  item 
33d  of  section  two  of  chapter  four  hundred  and  ninety- 
seven  of  the  acts  of  nineteen  hundred  and  thirty-eight  as 
may  be  necessary.  Ay-proved  June  30,  1939. 

Resolve  relative  to  sundry  accounts  of  the  registry  Chap.   24 
OF  motor  vehicles  with  the  commonwealth. 

Resolved,  That  the  registrar  of  motor  vehicles  or  his 
authorized  agent  is  hereby  relieved  from  accounting  to  the 
state  treasurer  for  the  sum  of  seven  hundred  and  seven 
dollars  and  twenty-four  cents,  the  same  being  the  sum  of 
various  deficits  appearing  in  his  account  with  the  common- 
wealth on  November  thirtieth,  nineteen  hundred  and  thirty- 
seven,  and  in  his  cash  account  on  March  seventh,  nineteen 
hundred  and  thirty-eight,  all  as  set  forth  in  the  report  of 
the  auditor  of  the  commonwealth  on  his  examination  of  the 
accounts  of  the  registry  of  motor  vehicles  completed  March 
seventh,  nineteen  hundred  and  thirty-eight;  and  that  said 
registrar  or  his  authorized  agent  is  hereby  further  relieved 
from  accounting  to  the  state  treasurer  for  the  sum  of  four 
hundred  and  three  dollars  and  twenty-eight  cents,  the  same 
being  that  portion  of  the  motor  vehicle  fees  stolen  in  the 
course  of  a  burglary  at  the  branch  office  of  said  registry  in 
Lawrence  on  December  thirtieth,  nineteen  hundred  and 
thirty-five.  Approved  June  30,  1939. 

Resolve  authorizing  the  department  of  public  works  Oi^r^     95 

TO    protect   the    shore   at   ROUGHAN's    point   in    BEACH-     '        t^ '     '■' 
MONT   in   THE    CITY    OF   REVERE. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  rip  rap  and  otherwise  protect  the 
shore  at  Roughan's  Point  in  the  Beachmont  section  of  the 
city  of  Revere,  the  work  done  under  authority  hereof  to  ex- 
tend from  the  northerly  end  of  the  existing  sea  wall  westerly 
an  approximate  distance  of  two  hundred  feet.  For  the  pur- 
pose of  carrying  out  the  provisions  of  this  resolve,  said  de- 
partment may  expend  from  the  unexpended  balance  of  any 
funds,  whether  contributed  by  the  commonwealth,  the  cities 
and  towns  of  the  metropolitan  parks  district  or  the  city  of 
Revere,  heretofore  made  available  to  carry  out  the  provisions 
of  chapter  three  hundred  and  fifty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  a  sum  not  exceeding  four  thou- 
sand dollars.  Approved  July  17,  1939. 


Resolves,  1939.  —  Chaps.  26,  27,  28. 


Chap.  26  Resolve  providing  for  an  investigation  by  the  de- 
partment OF  PUBLIC  health  RELATIVE  TO  MEANS  AND 
METHODS  OF  REMEDYING  THE  POLLUTION  OF  MARTIN's 
POND    IN    THE    TOWN    OF    NORTH    READING. 

Resolved,  That  the  department  of  pubHc  health  is  hereby 
authorized  and  directed  to  investigate  and  study  the  best 
and  most  feasible  means  and  methods  of  remedying  the  pol- 
lution of  Martin's  pond  in  the  town  of  North  Reading.  Said 
department  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study  and  its  recommendations,  includ- 
ing estunates  of  cost  and  drafts  of  legislation  necessary  to 
carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  year  nineteen  hun- 
dred and  forty.  Approved  July  17,  1939. 

Chap.  27  Resolve  providing  for  an  investigation  by  the  metro- 
politan DISTRICT  commission  RELATIVE  TO  ESTABLISH- 
ING A  PUBLIC  GOLF  COURSE  IN  THE  CITY  OF  MEDFORD  AND 
THE  TOWN  OF  WINCHESTER,  OR  EITHER  OF  THEM,  AND  A 
RECREATIONAL  AREA  FOR  WINTER  SPORTS  IN  SAID   CITY. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  subject  mat- 
ter of  current  senate  document  numbered  two  hundred  and 
forty,  relative  to  the  construction  and  maintenance  of  a  public 
golf  course  in  the  city  of  Medf  ord  and  the  town  of  Winchester, 
or  either  of  them,  and  of  current  house  document  numbered 
sixteen  hundred  and  seventy-five,  relative  to  the  establish- 
ment by  said  commission  of  a  recreational  area  for  winter 
sports  on  land  now  under  the  control  of  said  commission  in 
the  said  city  of  Medford.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation,  and  its 
recommendations,  if  any,  together  with  estimates  of  cost 
and  drafts  of  legislation  necessary  to  carry  said  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday  of 
December  in  the  year  nineteen  hundred  and  forty. 

Approved  July  18,  1939. 

Chap.   28  Resolve  in  favor  of  the  parents  of  the  late  john  j. 

KERRIGAN,   JR. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  treasury  of  the 
commonwealth  to  the  parents  of  the  late  John  J.  Kerrigan, 
Jr.,  who  died  while  a  member  of  the  present  house  of  repre- 
sentatives, the  balance  of  the  salary  to  which  he  would  have 
been  entitled  for  the  current  session  had  he  hved  and  served 
until  the  end  of  said  session.  Approved  July  21,  1939. 


Resolves,  1939. —  Chaps.  29,  30,  31.  807 


Resolve  in  favor  of  john  g.  moulton  of  leominster.  {JJmr)    29 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth  in  the  premises  and  after 
an  appropriation  has  been  made  therefor,  there  be  allowed 
and  paid  out  of  the  treasury  of  the  commonwealth  the  sum 
of  two  hundred  dollars  to  John  G.  Moulton  of  Leominster 
to  reimburse  him  for  the  expenses  of  hospital  and  medical 
care  necessarily  incurred  by  him  on  account  of  injuries  sus- 
tained on  July  twenty-seventh,  nineteen  hundred  and  thirty- 
seven,  while  he  was  a  private  in  the  one  hundred  and  eighty- 
first  infantry  of  the  Massachusetts  National  Guard  at  the 
Massachusetts  military  reservation. 

Approved  July  21,  1939. 

Resolve  reviving  and  continuing  the  special  commis-  Chnv.   30 

SION  APPOINTED  TO  INVESTIGATE  AND  STUDY  CERTAIN 
FUNCTIONS  AND  ACTIVITIES  AFFECTING  THE  CITIES  AND 
TOW'NS    WITHIN   THE    SEVERAL   METROPOLITAN   DISTRICTS. 

Resolved,  That  the  special  unpaid  commission  established 
by  chapter  seventy-one  of  the  resolves  of  nineteen  hundred 
and  thirty-eight  is  hereby  revived  and  continued  for  the 
purpose  of  continuing  its  investigation  and  study  of  cer- 
tain functions  and  activities  affecting  the  cities  and  towns 
within  the  several  metropolitan  districts.  Said  commission 
shall  make  a  supplementary  report  to  the  general  court  of 
the  results  of  its  investigation  and  study  hereunder,  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  December  in  the  year 
nineteen  hundred  and  forty,  and  may  also  so  report  from 
time  to  time  to  the  general  court  on  or  before  said  date 
whenever  it  deems  such  action  advisable.  Reports  made 
hereunder  shall  include  drafts  of  legislation  necessary  to 
carry  into  effect  any  recommendations  for  legislation  con- 
tained therein.  For  the  purposes  of  this  resolve,  said  com- 
mission may  expend  such  sums  as  may  hereafter  be  appro- 
priated therefor,  in  addition  to  the  unexpended  balance  of 
the  amount  appropriated  by  item  thirty-three  q  of  sec- 
tion two  of  chapter  four  hundred  and  ninety-seven  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  and  said  balance 
is  hereby  made  available  for  the  payment  of  expenses  in- 
curred by  said  commission.  Approved  July  21,  1939. 

Resolve   reviving   and    continuing   the   joint    board  Chav    31 

ESTABLISHED  TO  INVESTIGATE  RELATIVE  TO  THE  HOURS 
OF  LABOR  OF  WOMEN  AND  CHILDREN  IN  HOSPITALS,  NURS- 
ING OR  CONVALESCENT  HOMES  OR  SIMILAR  INSTITUTIONS, 
AND   RELATED   MATTERS. 

Resolved,  That  the  joint  board  estabhshed  by  chapter 
forty-five  of  the  resolves  of  nineteen  hundred  and  thirty- 
eight  is  hereby  revived  and  continued  for  the  purpose  of 


808  Resolves,  1939.  —  Chaps.  32,  33. 

continuing  its  investigation  relative  to  the  hours  of  labor 
of  women  and  children  in  hospitals,  nursing  or  convalescent 
homes  or  similar  institutions,  and  related  matters.  Said 
board  shall  be  provided  with  quarters  in  the  state  house  or 
elsewhere,  may  hold  public  hearings,  shall  have  the  power 
to  summon  witnesses  and  to  require  the  production  of  books, 
records  and  papers  and  the  giving  of  testimony  under  oath. 
Said  board  shall  submit  its  final  report  of  the  results  of 
its  investigation  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  its  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
senate  on  or  before  the  first  Wednesday  of  December  in  the 
year  nineteen  hundred  and  forty. 

Approved  July  21,  1939. 


Chap.   32  Resolve  in  favor  of  eugene  and  mary  mauro  of  south- 
borough. 

Resolved,  That,  after  an  appropriation  therefor  has  been 
made  from  the  Highway  Fund,  the  department  of  public 
works  may  pay  to  Eugene  and  Mary  Mauro  of  Southbor- 
ough  the  sum  of  nine  hundred  dollars  in  full  compensation 
for  damages  to  property  owned  by  said  persons  in  connec- 
tion with  the  construction  by  the  commonwealth  of  the 
Boston-Worcester  turnpike,  so  called.  No  payment  shall  be 
made  hereunder  until  there  shall  have  been  filed  with  the 
state  treasurer  an  agreement  signed  by  said  Eugene  and 
Mary  Mauro  that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of 
this  resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  July  26,  1939. 


Chap.   33  Resolve  providing  for  the  payment  from  the  state 

TREASURY  OF  THE  BALANCE  OF  THE  ESTATE  OF  THE  LATE 
CATHERINE  WHITE,  WHICH  ESTATE  ESCHEATED  TO  THE 
COMMONWEALTH. 

Resolved,  That,  subject  to  appropriation,  there  be  al- 
lowed and  paid  from  the  treasury  of  the  commonwealth, 
under  the  direction  of  the  attorney-general,  to  the  heirs  at 
law  or  next  of  kin  of  the  late  Catherine  White,  who  died  in 
the  town  of  Tewksbury  on  November  eleventh,  nineteen 
hundred  and  four,  or  to  their  respective  lawful  representa- 
tives, such  sum  as  may  be  found  by  the  attorney-general  to 
have  been  paid  into  said  treasury,  as  the  balance  of  the 
assets  belonging  to  the  estate  of  said  Catherine  White, 
under  the  provisions  of  section  ten  of  chapter  one  hundred 
and  ninety-four  of  the  General  Laws,  notwithstanding  the 
expiration  of  the  time  limited  by  said  section  for  the  recovery 
of  such  sum.  The  payment  of  said  amount  shall  be  made 
only  upon  the  filing  with  the  state  treasurer  of  an  agreement 
signed  by  all  persons  entitled  to  payment  hereunder  that 


Resolves,  1939.  —  Chaps.  34,  35,  36.  809 

the  amount,  if  any,  paid  or  to  be  paid  for  legal  services 
rendered  in  connection  with  the  passage  of  this  resolve 
shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  July  26,  1939. 

Resolve  providing   for  the  acceptance  by  the  com-  Qhap.   34 

MONWEALTH     OF    A     PORTRAIT    OF    THE    LATE     ESTHER    M. 
ANDREWS. 

Resolved,  That  the  commonwealth  hereby  accepts  from 
the  donor,  Julius  Andrews,  of  Brookline,  the  oil  portrait  by 
Jacob  Binder  of  Boston,  of  Esther  M.  Andrews,  late  of  said 
Brookline,  deceased,  the  first  woman  to  be  a  member  of  the 
executive  council  of  the  commonwealth,  said  portrait  to  be 
hung  in  the  state  house  in  a  place  approved  by  the  art  com- 
mission and  by  the  governor  and  council;  provided,  that 
said  portrait  be  approved  by  said  art  commission. 

Approved  July  28,  1939. 

Resolve   providing  for  an  investigation  by  the  de-  QJiar}     35 
partment  op  education  relative  to  county  and  dis- 
trict  vocational  schools. 

Resolved,  That  the  department  of  education  is  hereby 
authorized  and  directed  to  investigate  the  subject  matter  of 
current  house  document  numbered  one  thousand  and  forty- 
three,  relative  to  the  establishment  of  a  vocational  school  or 
schools  in  Norfolk  county^  and  shall  also  consider  the  pro- 
visions of  sections  four  to  six,  inclusive,  of  chapter  seventy- 
four  of  the  General  Laws,  relative  to  the  establishment  and 
maintenance  by  two  or  more  municipalities  of  district  voca- 
tional schools,  with  a  view  to  determining  whether  district 
vocational  schools  established  and  maintained  under  said 
sections  would,  in  case  of  any  county,  be  adequate  for  pro- 
viding vocational  education  therein.  Said  department  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  year  nineteen  hundred  and  forty. 

Approved  August  2,  1939. 

Resolve  in  favor  of  boston  and  maine  railroad.  Chap  36 
Resolved,  That,  after  an  appropriation  therefor  has  been 
made  from  the  Highway  Fund,  the  department  of  public 
works  may  pay  to  the  Boston  and  Maine  Railroad  the  sum 
of  ten  thousand  two  hundred  forty-eight  dollars  and  twenty- 
five  cents  in  full  compensation  for  certain  parcels  of  land 
owned  by  said  Boston  and  Maine  Railroad  which  were  taken 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws  by  said  department,  in  connection  with  a  state 


810  Resolves,  1939.  —  Chap.  37. 

highway  in  the  city  of  Revere,  and  for  any  and  all  damages 
to  other  land  of  the  Boston  and  Maine  Railroad  arising  out 
of  said  taking.  Approved  August  2,  1939. 

Chap.  37  Resolve  providing  for  the  continuation  of  the  inves- 
tigation AND  STUDY  BY  A  SPECIAL  UNPAID  COMMISSION 
OF  THE  PARDON  AND  PAROLE  SYSTEMS  IN  THE  COMMON- 
WEALTH AND  OF  THE  FACTS  AND  CIRCUMSTANCES  SUR- 
ROUNDING THE  GRANTING  OF  CERTAIN  PARDONS  AND 
PAROLES. 

Resolved,  That  the  special  unpaid  commission  estabUshed 
under  chapter  twelve  of  the  resolves  of  the  current  year  is 
hereby  authorized  to  continue  its  investigation  and  study 
under  said  chapter  twelve.  Said  commission  shall  continue 
to  be  provided  with  quarters  in  the  state  house  or  elsewhere, 
shall  hold  hearings  at  any  place  within  the  commonwealth, 
and  may  require  by  summons  the  attendance  and  testimony 
of  witnesses  and  the  production  of  books  and  papers  relating 
to  matters  under  investigation.  Authority  to  administer 
oaths  to  any  person  testifying  before  said  commission  is 
hereby  expressly  granted  to  any  member  of  said  commission. 
Any  justice  of  the  supreme  judicial  court  or  of  the  superior 
court  may,  upon  application  of  said  commission,  compel 
the  attendance  of  witnesses  summoned  as  aforesaid  and  the 
giving  of  testimony  before  said  commission  in  furtherance 
of  any  investigation  under  this  resolve  or  chapter  twelve  of 
the  resolves  of  the  current  year,  in  the  same  manner  and  to 
the  same  extent  as  before  said  courts.  No  person  shall  be 
excused  from  attending  and  testifying  in  the  course  of  such 
investigation,  or  from  producing  any  books,  papers  or  docu- 
ments, on  the  ground  that  his  testimony  or  evidence,  docu- 
mentary or  otherwise,  may  tend  to  criminate  him  or  subject 
him  to  a  penalty  or  forfeiture ;  but  he  shall  not  be  prosecuted 
or  subjected  to  penalty  or  forfeiture  for  or  on  account  of 
any  action,  matter  or  thing  concerning  which  he  may  be 
required  to  testify  or  produce  evidence,  documentary  or 
otherwise,  in  the  course  of  such  investigation,  except  for 
perjury  committed  in  such  testimony. 

Said  commission  may  expend  for  legal,  clerical  and  other 
services  and  expenses,  in  addition  to  any  unexpended  bal- 
ance of  any  appropriations  heretofore  made  for  the  purpose, 
such  sum,  not  exceeding  eight  thousand  dollars,  as  may 
hereafter  be  appropriated.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  or  proposals  for  amendments  to  the  constitution, 
or  both,  necessary  to  carry  its  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  the  first  Wednesday  of  December,  nine- 
teen hundred  and  forty,  and  shall  at  the  same  time  file  a 
copy  thereof  with  the  governor. 

Approved  August  2,  1939. 


Resolves,  1939.  —  Chap.  38.  811 


Resolve  providing  for  a  study  by  the  department  of  (Jfidj)    qq 

EDUCATION  RELATIVE  TO  EDUCATIONAL  AND  EMPLOYMENT 
PROBLEMS  AFFECTING  THE  YOUTH  OF  OUR  COMMONWEALTH, 
AND  RELATED  MATTERS. 

Resolved,  That  the  department  of  education  is  hereby 
authorized  and  directed  to  study  the  subject  matter  of  so 
much  of  the  governor's  address  (printed  as  current  senate 
document  numbered  one)  as  relates  to  the  appointment  of 
an  unpaid  commission  for  the  purpose  of  creating  a  plan  of 
co-operation  between  the  state  government  and  industry, 
the  schools,  labor  and  public  and  private  social  agencies, 
and  of  the  following  current  house  documents:  one  hun- 
dred and  eighty-four,  relative  to  the  establishment  of  a  state 
university  for  co-ordinating  certain  higher  educational  facili- 
ties; seven  hundred  and  fourteen,  relative  to  the  establish- 
ment of  vocational  training  for  the  purpose  of  furnishing  to 
young  men  and  women  better  opportunities  for  earning  a 
living;  nine  hundred  and  six,  relative  to  the  feasibility  of 
extending  further  the  opportunities  for  vocational  educa- 
tion; nine  hundred  and  eight,  to  provide  for  the  study  of 
the  problems  affecting  youth  who  are  financially  unable  to 
complete  their  education;  nine  hundred  and  fourteen,  rela- 
tive to  providing  higher  educational  opportunities  for  chil- 
dren of  Massachusetts  men  who  died  in  military  or  naval 
service  during  the  world  war;  ten  hundred,  relative  to 
establishing  in  the  department  of  public  welfare  a  state 
youth  administration  commission;  eleven  hundred  and 
ninety-one,  relative  to  the  feasibility  of  extending  public 
educational  aid  to  deserving  minors  who  are  without  ade- 
quate financial  resources;  fourteen  hundred  and  sixty-four, 
relative  to  the  establishment  of  a  bureau  of  young  age 
assistance  in  the  department  of  education;  and  so  much  of 
house  document  two  thousand  and  seventy-three  as  relates 
to  problems  affecting  unemployed  youth  in  the  common- 
wealth. Said  department  shall  also  investigate  and  study 
particularly  whether  the  present  system  of  vocational  edu- 
cation provides  the  type  of  training  best  suited  to  fit  young 
people  for  the  jobs  actually  available  and  the  advisability 
and  expediency  of  establishing  placement  agencies  which 
shall  give  the  young  people  of  the  commonwealth  adequate 
and  impartial  help  in  obtaining  employment,  and  related 
matters.  Said  department  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  on  or  before  October  first, 
nineteen  hundred  and  forty.         Approved  August  3,  1939. 


812  Resolves,  1939.  —  Chaps.  39,  40. 

Chap.  39  Resolve  in  favor  of  gilbert  studley  of  Yarmouth. 
Resolved,  That,  after  an  appropriation  therefor  has  been 
made,  the  department  of  pubhc  works  is  hereby  authorized 
to  pay  to  Gilbert  Studley  of  the  town  of  Yarmouth  the  sum 
of  one  hundred  dollars  in  full  compensation  for  a  certain 
parcel  of  land  owned  by  said  Studley  which  was  taken  by 
eminent  domain  by  said  department  in  connection  with  a 
state  highway  in  said  town.  No  payment  shall  be  made  here- 
under until  there  shall  have  been  filed  with  the  comptroller 
an  agreement  signed  by  said  Gilbert  Studley  that  the  amount, 
if  any,  paid  or  to  be  paid  for  legal  services  rendered  in  con- 
nection with  the  passage  of  this  resolve  shall  not  exceed  ten 
per  cent  of  said  sum.  Approved  August  3,  1939. 


Chap.   40  Resolve    providing    for    the    determination    of    the 
present   status   and   use   of   the   water   rights   in 

LAKE     QUINSIGAMOND     AND      ONE      OR      MORE      PONDS      IN 
WORCESTER    COUNTY. 

Resolved,  That  the  attorney  general  is  hereby  authorized 
and  requested  to  investigate : 

(1)  Whether  or  not  the  commonwealth  appears  to  have 
been  m  the  full  and  rightful  possession  of  the  water  rights 
of  Lake  Quinsigamond  or  Long  Pond,  and  Dorety  or  Round 
Pond  so  called,  when  it  granted  them  to  the  Blackstone 
Canal  Company  by  section  two  of  an  act  entitled  ''An  Act 
to  incorporate  the  Blackstone  Canal  Company",  approved 
January  fourteenth,  eighteen  hundred  and  twenty-three- 
and  if  so  * 

(2)  Whether  or  not  a  corporation  known  as  The  Linen 
Thread  Company  Incorporated,  of  Delaware,  is  now  the 
true  and  rightful  owner  of  any  or  all  of  the  aforementioned 
water  rights  and  m  possession  of  a  clear  title  thereto;  or 

(3)  Whether  or  not,  as  a  matter  of  fact  and  of  law,  the 
said  The  Linen  Thread  Company  Incorporated,  of  Delaware 
has  now  abandoned  any  right  or  title  it  ever  had  to  the  water 
rights  of  said  Lake  Quinsigamond;  or  if  by  its  acts  of  com- 
mission or  omission  it  has  extinguished  any  such  right  or 
title ; 

(4)  Whether  or  not  the  said  The  Linen  Thread  Company 
Incorporated,  of  Delaware,  is  exercising  any  such  water 
rights  for  any  sane,  sound,  economic  or  utilitarian  purpose, 
or  in  any  manner  compatible  with  the  terms  and  conditions 
of  the  original  grant  as  contained  in  section  two  of  said  act- 
and  if  so  ' 

(5)  Whether  or  not  the  municipalities  of  Worcester, 
Shrewsbury  and  Grafton,  or  any  of  them,  or  any  of  the 
inhabitants  thereof,  are  being  subjected  to  any  unnecessary 
and  intolerable  nuisance  by  any  of  the  acts  or  omissions  of 
said  corporation  in  its  use  of  these  water  rights;  and  if  so 


Resolves,  1939.  —  Chap.  40.  813 

(6)  Whether  or  not  any  of  said  municipahties,  or  of  their 
inhabitants,  have  any  recourse  at  law  or  in  equity  to  restrain 
or  abate  that  nuisance; 

(7)  Whether  or  not  the  division  of  fisheries  and  game  of 
the  department  of  conservation  is  being  subjected  to  un- 
necessary financial  loss  and  inconvenience,  and  its  restocking 
program  for  said  Lake  Quinsigamond  rendered  ineffective,  by 
the  actions  or  omissions  of  said  corporation  in  withdrawing 
or  permitting  to  be  withdrawn,  and  for  no  purpose,  valuable 
game  fish,  planted  in  said  Lake  Quinsigamond  by  said 
division  of  fisheries  and  game,  into  the  Quinsigamond  and 
Blackstone  rivers,  waters  wholly  unsuited  for  their  life  or 
growth ;   and  be  it  further 

Resolved,  That  the  attorney  general  is  hereby  authorized 
to  call  upon  the  town  counsel  of  the  towns  of  Shrewsbury  and 
Grafton  and  the  city  solicitor  of  the  city  of  Worcester,  or 
any  of  them,  to  assist  him  in  making  such  an  investigation; 
and  be  it  further 

Resolved,  That  if,  after  the  aforementioned  investigation, 
the  attorney  general  is  satisfied  that: 

(1)  The  commonwealth  had  no  water  rights  to  grant  in 
said  Lake  Quinsigamond  or  Long  Pond,  or  Dorety  or  Round 
Pond,  so  called,  on  said  January  fourteenth,  eighteen  hun- 
dred and  twenty-three;   or 

(2)  That  the  said  The  Linen  Thread  Company  Incor- 
porated, of  Delaware,  is  not  the  rightful  owner  of  a  true 
and  clear  title  to  any  or  all  of  said  water  rights;  or 

(3)  That  the  said  The  Linen  Thread  Company  Incor- 
porated, of  Delaware,  by  its  acts  or  omissions,  has  abandoned 
or  extinguished  any  water  rights  it  ever  had  in  said  Lake 
Quinsigamond; 

The  attorney  general  is  hereby  authorized  and  requested 
to  properly  present  the  matter  to  a  court  of  competent 
jurisdiction  for  its  adjudication;  or 

(4)  If,  after  such  investigation,  the  attorney  general  is 
satisfied  that  in  the  use  of  said  water  rights  by  said  The 
Linen  Thread  Company  Incorporated,  of  Delaware,  the  mu- 
nicipalities of  Worcester,  Shrewsbury  and  Grafton,  or  any 
of  them,  or  their  inhabitants  or  any  of  them,  are  being  sub- 
jected to  any  unnecessary,  unreasonable  or  intolerable  nui- 
sance; or 

(5)  That  said  division  of  fisheries  and  game  is  being  sub- 
jected to  material  financial  loss  and  inconvenience,  or  its 
restocking  program  for  said  Lake  Quinsigamond  is  being 
rendered  ineffective,  by  the  acts  or  omissions  of  the  said  The 
Linen  Thread  Company  Incorporated,  of  Delaware;  then 
be  it  further 

Resolved,  That  the  attorney  general  is  hereby  authorized 
and  requested  to  represent  the  municipalities  of  Worcester, 
Shrewsbury  and  Grafton,  their  inhabitants,  the  commissioner 
of  conservation,  the  department  of  conservation,  its  division 
of  fisheries  and  game  and  the  director  thereof,  or  any  of 
them,  before  any  court  of  competent  jurisdiction  and  there 


814  Resolves,  1939.  —  Chaps.  41,  42. 

prosecute  to  a  definite  decision  any  cause  or  series  of  causes 
at  law  or  in  equity  designed  to  restrain  or  abate  such  a 
nuisance  or  nuisances,  and  to  accomplish  such  purpose  he  is 
hereby  authorized  to  call  upon  the  town  counsel  of  the  towns 
of  Grafton  and  Shrewsbury  and  the  city  solicitor  of  the  city 
of  Worcester,  or  any  of  them,  for  such  aid  and  assistance  as 
he  may  reasonably  require,  and,  for  the  purpose  of  carrying 
out  the  aforesaid  duties,  the  attorney  general  is  hereby 
authorized  to  expend  such  sums,  not  exceeding  five  hundred 
dollars,  as  may  hereafter  be  appropriated  for  the  purpose. 

Approved  August  3,  1939. 

Chap.   41  Resolve  in  favor  of  the  father  of  the  late  Joseph 

TAYLOR   OF   BOSTON. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good  and  discharging  a  moral  obligation  of  the  common- 
wealth, and  after  an  appropriation  has  been  made  therefor, 
there  be  paid,  out  of  the  fund  in  the  state  treasury  known 
as  the  Metropolitan  Parks  Maintenance  Fund,  for  the 
current  fiscal  year,  to  Walter  H.  Taylor,  father  of  Joseph 
Taylor,  late  of  Boston,  a  sum  not  exceeding  one  thousand 
dollars,  on  account  of  the  death  of  said  Joseph  Taylor,  on 
Juh''  twelfth,  nineteen  hundred  and  thirty-four,  by  drowning 
as  a  result  of  suddenly  stepping  into  a  deep  and  improperly 
guarded  hole  while  bathing  in  the  Charles  River  Basin,  at 
a  place  known  as  West  End  Beach,  where  bathing  was 
permitted  by  the  metropolitan  district  commission.  No 
payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement  signed  by  said 
Walter  H.  Taylor  that  no  money  was  paid  or  is  to  be  paid 
for  legal  services  rendered  in  connection  with  the  passage 
of  this  resolve.  Approved  August  3,  1939. 

Chap.  42  Resolve  in  favor  of  charles  v.  Reynolds  and  edward 

B.  REYNOLDS,  BOTH  OF  CANTON. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  be  allowed  and  paid  out  of 
the  state  treasury  to  Charles  V.  Reynolds  and  Edward  B. 
Reynolds,  both  of  Canton,  the  sum  of  fifteen  hundred  dol- 
lars as  full  compensation  for  two  certain  parcels  of  land 
owned  by  them,  which  were  taken  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws  by  the  common- 
wealth through  its  department  of  public  works  on  or  about 
December  eighteenth,  nineteen  hundred  and  thirty-four. 
No  payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement  signed  by  said 
Charles  V.  Reynolds  and  Edward  B.  Reynolds  that  the 
amount,  if  any,  paid  or  to  be  paid  for  legal  services  rendered 
in  connection  with  the  passage  of  this  resolve  shall  not 
exceed  ten  per  cent  of  said  sum. 

Approved  August  3,  1939. 


Resolves,  1939.  —  Chaps.  43,  44.  815 


Resolve  peoviding  for  an  investigation  and  study  by  Chap.   43 
A  special  commission  relative  to  the  juvenile  court 
system  of  the  commonwealth. 

Resolved,  That  a  special  unpaid  commission,  consisting 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof  and  three  persons 
to  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  council,  is  hereby  established  for  the  purpose  of 
making  an  investigation  and  study  of  so  much  of  the  gov- 
ernor's address,  printed  as  current  senate  document  num- 
bered one,  as  relates  to  the  operation  and  extension  of  the 
juvenile  court  system  of  the  commonwealth,  with  a  view  to 
recommending  such  changes  in  said  system  as  it  may  deem 
necessary  or  desirable.  Said  commission  may  expend  for 
expenses  and  clerical  and  other  assistance  such  sums,  not 
exceeding,  in  the  aggregate,  two  thousand  dollars,  as  may 
hereafter  be  appropriated.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  year  nineteen  hundred  and  fort5^ 

Approved  August  3,  1939. 


Resolve  providing  for  an  investigation  and  study  by  Q}iap,   44 
A  special  commission  of  the  matter  of  providing  for 

CERTAIN  payments  IN  LIEU  OF  TAXES  ON  LANDS  IN  THE 
TOWNS  OF  GRANVILLE  AND  TOLLAND  OWNED  OR  HELD  FOR 
WATER  SUPPLY  OR  WATERSHED  PURPOSES,  AND  ALSO  OF 
THE  WHOLE  MATTER  OF  SUCH  PAYMENTS  WITH  RESPECT 
TO  LANDS  IN  THE  COMMONWEALTH  HELD  FOR  PUBLIC  PUR- 
POSES. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  is  hereby  established  for  the  purpose  of  mak- 
ing an  investigation  and  study  of  the  subject  matter  of  cur- 
rent house  document  numbered  twenty-four  hundred  and 
eight,  relative  to  providing  for  certain  payments  in  lieu  of 
taxes  on  lands  in  the  towns  of  Granville  and  Tolland  owned 
or  held  for  water  supply  or  watershed  purposes,  and  also  of 
the  whole  matter  of  such  payments  with  respect  to  lands  in 
the  commonwealth  held  for  public  purposes.  For  said  pur- 
poses said  commission  may  expend  such  sum,  not  exceeding 
one  thousand  dollars,  as  may  hereafter  be  appropriated 
therefor.    Said  commission  shall  report  to  the  general  court 


816  Resolves,  1939.  —  Chaps.  45,  46. 

the  results  of  its  investigation,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  fihng  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  year  nineteen  hundred  and 
forty.  Approved  August  3,  1939. 


Chap.   45  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
YANKEE  DIVISION  VETERANS  ASSOCIATION  TO  BE  HELD  IN 
THE  CITY  OF  BOSTON  IN  THE  YEAR  NINETEEN  HUNDRED 
AND    FORTY. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  at  the  national  convention  of  the  Yan- 
kee Division  Veterans  Association  to  be  held  at  Boston  in 
the  year  nineteen  hundred  and  forty,  after  an  appropriation 
therefor  has  been  made,  there  may  be  expended  for  such 
purpose,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  a  sum  not  exceeding  three  thousand 
dollars.  Approved  August  4,  1939. 


Chap.   46  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  RELATIVE  TO  APPROPRIATING  AND 
BUDGET  PROCEDURE  IN  THE  CITY  OF  BOSTON  AND  THE 
COUNTY    OF   SUFFOLK. 

Resolved,  That  a  special  unpaid  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  the  director  of  the 
division  of  accounts,  the  budget  commissioner  of  the  city 
of  Boston,  the  auditor  and  the  city  clerk  of  said  city,  and 
one  person  to  be  appointed  by  the  school  committee  of  said 
city,  is  hereby  established  for  the  purpose  of  making  an 
investigation  and  study  of  the  laws  and  ordinances,  and  the 
rules  of  the  school  committee,  effective  in  said  city,  relative 
to  the  budget  and  appropriating  procedure  of  said  city  and 
of  the  school  committee  thereof,  and  in  connection  there- 
with the  subject  matter  of  current  senate  document  num- 
bered five  hundred  and  ten,  with  a  view  to  determining  the 
advisability  of  making  certain  changes  in  said  laws,  ordi- 
nances and  rules  so  that  the  city  school  budgets  of  said  city 
and  the  county  budget  of  Suffolk  county  shall  be  estab- 
lished and  determined  so  as  to  be  in  effect  at  the  beginning 
of  each  fiscal  year.  Any  of  said  officials,  if  he  so  elects,  may 
designate  an  officer  or  employee  in  his  department  to  serve 
in  his  place  on  said  commission. 

Said  special  commission  shall  report  to  the  general  court 
the  results  of  its  study  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 


Resolves,  1939.  —  Chaps.  47,  48,  49.  817 

clerk  of  the  house  of  representatives  on  or  before  the  fif- 
teenth day  of  November  in  the  year  nineteen  hundred  and 
forty.  Approved  August  4,  1939. 

Resolve  in  favor  of  eliza  gelinas  of  holyoke.        Chap.   47 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor  from  the  Highway  Fund,  there 
shall  be  allowed  and  paid  from  the  treasury  of  the  common- 
wealth, with  the  approval  of  the  department  of  public 
works,  to  Eliza  Gelinas  of  Holyoke  the  sum  of  five  hundred 
and  seventy-five  dollars  in  full  compensation  for  a  certain 
parcel  of  land  owned  by  said  Eliza  Gelinas,  which  was 
taken  by  eminent  domain  under  chapter  seventy-nine  of 
the  General  Laws  by  said  department  in  connection  with  a 
state  highway  in  the  city  of  Holyoke.  No  payment  shall  be 
made  hereunder  until  there  shall  have  been  filed  with  the 
comptroller  an  agreement  signed  by  said  Eliza  Gelinas  that 
the  amount,  if  any,  paid  or  to  be  paid  for  legal  services 
rendered  in  connection  with  the  passage  of  this  resolve 
shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  August  4,  1939. 

Resolve  providing  for  the  payment  of  a  certain  sum  Qhav.   48 

OF    MONEY    ON    ACCOUNT    OF    THE    DEATH    OF    GUNNAR    F. 
FREDRIKSON. 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  shall  be  allowed  and  paid  out 
of  the  treasury  of  the  commonwealth  to  Ebba  Fredrikson, 
as  administratrix  of  the  estate  of  Gunnar  F.  Fredrikson, 
the  sum  of  nine  hundred  eighty-three  dollars  and  sixty 
cents,  on  account  of  the  death,  on  June  fourth,  nineteen 
hundred  and  thirty-eight,  of  said  Gunnar  F.  Fredrikson  as 
a  result  of  injuries  sustained  by  him  on  May  twenty-ninth, 
nineteen  hundred  and  thirty-eight,  while  on  duty  in  the 
city  of  Boston  as  first  lieutenant  in  the  one  hundred  and 
tenth  cavalry  regiment  of  the  Massachusetts  National 
Guard.  Said  sum  shall  be  used  only  for  the  payment  of 
the  medical,  hospital  and  funeral  expenses  of  said  Gunnar 
F.  Fredrikson.  No  payment  shall  be  made  hereunder  until 
there  shall  have  been  filed  with  the  comptroller  an  agree- 
ment signed  by  said  Ebba  Fredrikson  that  the  amount,  if 
any,  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per 
cent  of  said  sum.  Approved  August  4,  1939. 

Resolve  in  favor  of  john  c,  hull  of  leominster.      Chav.   49 
Resolved,  That,  after  an  appropriation  therefor  has  been 
made  from  the  Highway  Fund,  the  department  of  public 
works  may  pay  to  John  C.  Hull  of  Leominster  the  sum  of  one 


818  Resolves,  1939. —  Chaps.  50,  51,  52. 

hundred  and  twenty-five  dollars  in  full  compensation  for  a 
certain  parcel  of  land  owned  by  said  Hull,  which  was  taken 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws  by  said  department  in  connection  with  the  layout 
and  construction  of  a  state  highway  in  the  city  of  Leominster. 

Approved  August  4,  1939. 


Chap.   50  Resolve  in  favor  of  ernest  ruest  and  albert  ruest, 

BOTH    OF   BEVERLY. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obhgation  of  the  commonwealth  and  after  an  appropriation 
has  been  made  therefor,  there  be  allowed  and  paid  from  the 
treasury  of  the  commonwealth  to  Ernest  Ruest  and  Albert 
Ruest,  both  of  Beverly,  doing  business  under  the  name  of 
Johnson's  Boat  Livery,  the  sum  of  one  hundred  and  seventy- 
five  dollars  to  compensate  them  for  the  rental  and  loss  of 
two  dories  hired  during  the  hurricane  emergency  in  Sep- 
tember, nineteen  hundred  and  thirty-eight,  by  the  Massa- 
chusetts emergency  relief  commission,  so  called,  a  body 
created  by  the  governor  and  council  to  act  during  said 
emergency.  Approved  August  4,  1939. 


Chap.   51       Resolve  in  favor  op  the  heirs  of  joseph  micek. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good  and  after  an  appropriation  has  been  made  therefor, 
there  be  allowed  and  paid  out  of  the  state  treasury  to  the 
heirs  of  Joseph  Micek,  late  of  Adams,  who  was  killed  on  or 
about  September  twenty-third,  nineteen  hundred  and  thirty- 
eight,  at  Adams  while  obeying  the  lawful  orders  of  an  officer 
of  the  Massachusetts  National  Guard  in  time  of  public 
catastrophe,  the  sum  of  thirty-five  hundred  dollars.  No 
payment  shall  be  made  hereunder  until  there  shall  have  been 
filed  with  the  comptroller  an  agreement  signed  by  the  heirs 
of  said  Joseph  Micek  that  the  amount,  if  any,  paid  or  to  be 
paid  for  legal  services  rendered  in  connection  with  the  pas- 
sage of  this  resolve  shall  not  exceed  ten  per  cent  of  the  sum 
paid  hereunder.  Approved  August  4,  1939. 

Chap.   52  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  UNPAID  COMMISSION  RELATIVE  TO  THE  ADOP- 
TION OF  WAGE  AND  HOUR  STANDARDS  WITHIN  THIS  COM- 
MONWEALTH, 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council,  of  which  appointees  one  shall  be  a  representa- 
tive of  employers  and  one  a  representative  of  employees,  is 


Resolves,  1939. —  Chap.  53.  819 

hereby  established  for  the  purpose  of  making  an  investiga- 
tion and  study  of  the  effect  which  the  adoption  in  this  com- 
monwealth of  a  state  wage  and  hour  law,  so  called,  as  pro- 
posed by  current  house  document  numbered  twenty-four 
hundred  and  fifty-six  or  otherwise,  would  have  upon  the 
various  lines  of  business  carried  on  within  the  common- 
wealth. Said  commission  shall  make  special  inquiry  with  a 
view  to  determining  whether  it  is  necessary  or  desirable  to 
have  any  wage  and  hour  legislation  in  this  commonwealth, 
or,  if  any,  that  wage  and  hour  legislation  in  this  common- 
wealth differ  in  any  important  principle  from  the  provisions 
of  the  Federal  Fair  Labor  Standards  Act,  so  called,  or  per- 
mit the  adoption  of  higher  minimum  wages,  shorter  maxi- 
mum hours  or  greater  restrictions  of  other  kinds  upon  em- 
ployment or  working  conditions  than  those  provided  by 
said  federal  act.  Said  commission  shall  hold  public  hear- 
ings, and  may  expend  for  the  purposes  of  this  resolve  such 
sums,  not  exceeding,  in  the  aggregate,  fifteen  hundred  dol- 
lars, as  may  hereafter  be  appropriated  therefor.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  fihng  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  October  in  the  year  nineteen  hundred  and 
forty.  Approved  August  8,  1939. 


Resolve  providing  for  a  proper  representation  of  the  (Jhav    53 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
AMERICAN  LEGION  IN  THE  YEAR  NINETEEN  HUNDRED  AND 
FORTY  IN  THE  EVENT  THAT  THE  SAME  IS  HELD  IN  THE  CITY 
OF   BOSTON. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  conven- 
tion of  The  American  Legion  in  the  year  nineteen  hundred 
and  forty,  if  held  in  the  city  of  Boston  as  anticipated,  and 
in  such  case  to  ensure,  in  arranging  entertainments  and  other 
events  in  connection  therewith,  proper  cooperation  between 
the  Massachusetts  Department  of  The  American  Legion  and 
the  commonwealth,  after  an  appropriation  therefor  has  been 
made,  and  if  such  convention  is  to  be  held  in  said  city  as 
aforesaid,  there  may  be  expended,  with  the  approval  and 
under  the  direction  of  the  governor  and  council,  a  sum  not 
exceeding  fifty  thousand  dollars. 

Approved  August  8,  1939. 


820  Resolves,  1939. —  Chaps.  54,  55. 


Chap.   54  Resolve   providing   for  an   investigation   by  a   joint 

BOARD  consisting  OF  THE  DEPARTMENT  OF  PUBLIC  HEALTH 
AND  THE  STATE  RECLAMATION  BOARD  RELATIVE  TO  THE 
PROTECTION  OF  THE  PUBLIC  HEALTH  AND  RELIEF  FROM 
THE  MOSQUITO  NUISANCE  IN  THE  CHARLES  RIVER  VALLEY 
BETWEEN  CHARLES  RIVER  VILLAGE  AND  NEWTON  UPPER 
FALLS. 

Resolved,  That  the  state  reclamation  board  and  the  de- 
partment of  pubhc  health  acting  as  a  joint  board  are  hereby- 
authorized  to  investigate  and  study  relative  to  the  condi- 
tion of  the  Charles  river  and  the  lands  adjacent  thereto  in 
the  towns  of  Needham,  Dover,  Westwood  and  Dedham, 
and  the  cities  of  Boston  and  Newton,  between  the  dam  at 
Charles  River  village  in  the  towns  of  Needham  and  Dover 
and  the  dam  at  Newton  Upper  Falls  in  the  city  of  Newton 
and  the  town  of  Needham,  for  the  purpose  of  determining 
the  practicability  of  lowering,  during  certain  portions  of 
the  year,  the  water  in  such  portion  of  the  Charles  river  for 
the  protection  of  the  public  health,  comfort  and  convenience 
and  the  relief  of  the  mosquito  nuisance.  Said  joint  board, 
in  the  course  of  its  investigation  and  study  hereunder,  shall 
consider  the  present  methods  and  practices  of  holding, 
drawing,  lowering,  using  and  diverting  the  water  of  such 
portion  of  the  Charles  river. 

For  the  purpose  of  carrying  out  the  investigation  and 
study  authorized  by  this  resolve,  said  joint  board  may  em- 
ploy such  engineers  and  such  other  assistants  as  it  may  deem 
necessary,  and  said  board,  or  any  member  or  duly  author- 
ized agent  thereof,  may,  at  any  reasonable  time,  enter  upon 
land  lying  within  the  area  covered  by  this  resolve,  and  shall 
have  access  to  any  plan  or  plans  of  existing  water  storage 
facilities. 

For  the  purposes  of  this  resolve,  said  joint  board  may 
expend  only  such  sums  as  may  be  contributed  therefor  and 
paid  into  the  treasury  of  the  commonwealth  by  the  said 
municipalities  or  any  of  them.  Said  joint  board  shall  report 
its  recommendations,  if  any,  and  plans  and  estimates  of 
the  cost  of  any  works  or  improvements,  if  any,  recommended, 
and  its  estimate  of  the  amount  of  damages  which  may  be 
awarded  on  account  thereof,  together  with  drafts  of  legis- 
lation to  carry  said  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  on 
or  before  the  first  Wednesday  of  December  in  the  year 
nineteen  hundred  and  forty.         Approved  August  9,  1939. 


Chap.   55         Resolve  in  favor  of  the  standish  hotel,  inc. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
therefor  has  been  made,  there  be  allowed  and  paid  out  of 
the  treasury  of  the  commonwealth  to  the  Standish  Hotel, 


Resolves,  1939.  —  Chaps.  56,  57,  58.  821 

Inc.,  a  Massachusetts  corporation,  the  sum  of  five  hundred 
dollars  in  full  settlement  of  the  claim  of  said  corporation 
against  the  commonwealth  arising  from  the  service  of  the 
Massachusetts  national  guard  during  the  flood  and  hurri- 
cane emergency  in  September,  nineteen  hundred  and  thirty- 
eight.  No  payment  shall  be  made  hereunder  until  there  shall 
have  been  filed  with  the  comptroller  an  agreement  signed 
by  said  corporation  that  the  amount,  if  any,  paid  or  to 
be  paid  for  legal  services  rendered  in  connection  with  the 
passage  of  this  resolve  shall  not  exceed  ten  per  cent  of  said 
sum.  Approved  August  9,  1939. 

Resolve  in  favor  of  william  l.  searle  of  concord.    Chap.   56 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation,  there  be  allowed  and  paid  out  of  the  treasury 
of  the  commonwealth  an  annuity  for  a  period  of  five  years, 
commencing  August  first  in  the  current  year,  to  William  L. 
Searle  of  Concord,  who  has  served  the  commonwealth  faith- 
fully and  is  now  permanently  disabled  for  further  perform- 
ance of  duty  on  account  of  injuries  sustained,  while  in  the 
performance  of  duties  as  a  guard  at  the  Massachusetts  re- 
formatory, by  reason  of  being  assaulted  by  certain  inmates 
of  said  reformatory.  Said  annuity  shall  be  equal  to  the 
salary  received  by  him  during  the  last  year  of  his  active 
service,  shall  be  paid  in  equal  monthly  instalments,  and 
shall  cease  upon  the  decease  of  said  Searle  if  it  occurs  prior 
to  the  expiration  of  said  period  of  five  years. 

Approved  August  10,  1939. 

Resolve  in  favor  of  marie  connors  of  boston.  Chap.  57 
Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obHgation  of  the  commonwealth,  and  after  an  appropria- 
tion has  been  made  therefor,  there  shall  be  allowed  and 
paid  out  of  the  treasury  of  the  commonwealth  to  Marie 
Connors  of  Boston,  the  sum  of  six  hundred  dollars  to  reim- 
burse her  for  expenses  incurred  by  reason  of  being  struck 
by  a  motor  vehicle  operated  by  a  member  of  the  Massachu- 
setts national  guard.  No  payment  shall  be  made  hereunder 
until  there  shall  have  been  filed  with  the  comptroller  an 
agreement  signed  by  said  Marie  Connors  that  the  amount, 
if  any,  paid  or  to  be  paid  for  legal  services  rendered  in  con- 
nection with  the  passage  of  this  resolve  shall  not  exceed  ten 
per  cent  of  said  sum.  Approved  August  10,  1939. 

Resolve  in  favor  of  the  heirs  of  george  h.  whiting.  Chap.   58 

LATE    of   boston. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropria- 
tion therefor  has  been  made,  the  department  of  pubhc 
works  may  pay  to  the  heirs  of  George  H.  Whiting,  late  of 


822  Resolves,  1939.  —  Chaps.  59,  60,  61. 

Boston,  the  sum  of  four  thousand  three  hundred  and  fifty- 
dollars  in  full  compensation  for  land  which  was  owned  by- 
said  George  H.  Whiting  and  was  taken  by  eminent  domain 
by  the  said  department  of  public  works  in  connection  with 
a  state  highway  in  the  town  of  Milton.  No  payment  shall 
be  made  hereunder  until  there  shall  have  been  filed  with 
the  comptroller  an  agreement  signed  by  said  heirs  that  the 
amount,  if  any,  paid  or  to  be  paid  for  legal  services  rendered 
in  connection  with  the  passage  of  this  resolve  shall  not  ex- 
ceed ten  per  cent  of  said  sum.    Approved  August  10,  1939. 

Chap.  59  Resolve  authorizing  the  conveyance  by  the  depart- 
ment OF  PUBLIC  WORKS  TO  MARY  PICARDI  OF  THE  CITY 
OF   REVERE    OF   CERTAIN   LAND    LOCATED   IN   SAID    CITY. 

Resolved,  That  the  department  of  pubHc  works,  acting 
for  and  in  behalf  of  the  commonwealth,  may,  subject  to 
the  approval  of  the  governor  and  council,  convey  to  Mary 
Picardi  of  the  city  of  Revere,  by  an  instrument  or  instru- 
ments approved  as  to  form  by  the  attorney  general,  all  the 
right,  title  and  interest  the  commonwealth  may  have  in  such 
portions  of  lands  described  in  tax  title  releases  of  the  treas- 
urer of  said  city  to  the  commonwealth,  recorded  with  Suffolk 
registry  of  deeds.  Book  5585,  Page  546,  and  Book  5585, 
Page  547,  as  were  not  acquired  by  said  department  for 
highway  purposes.  Approved  August  10,  1939. 

Chap.   60  Resolve  in  favor  of  anthony  f.  custer  of  fall  river. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropria- 
tion therefor  has  been  made,  there  be  allowed  and  paid  out 
of  the  treasury  of  the  commonwealth  to  Anthony  F,  Custer 
of  Fall  River  the  sum  of  twenty-five  hundred  dollars  to  com- 
pensate him  on  account  of  the  death  of  his  son  who  was 
killed  while  in  the  performance  of  camp  duty  as  a  member 
of  the  Massachusetts  national  guard.  No  payment  shall 
be  made  hereunder  until  there  shall  have  been  filed  with 
the  comptroller  an  agreement  signed  by  said  Anthony  F. 
Custer  that  the  amount,  if  any,  paid  or  to  be  paid  for  legal 
services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  August  10,  1939. 

Chap.   61  Resolve  validating  certain  acts  of  Frances  k.  gans  of 

BROOKLINE   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Frances  K.  Gans  of  Brookline 
as  a  notary  public,  between  December  twenty-sixth,  nine- 
teen hundred  and  thirty-seven  and  April  twelfth,  nineteen 
hundred  and  thirty-nine,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Frances  Kamerman,  she 


Resolves,  1939.  —  Chaps.  62,  63.  823 

failed  to  re-register  under  her  new  name  and  pay  to  the  state 
secretary  a  fee  of  one  dollar  as  required  by  section  thirteen 
of  chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  August  11,  1939. 

Resolve  providing  for  the  payment  from  the  state  Qjidj)     g2 

TREASURY  OF  THE   BALANCE  OF  THE   ESTATE  OF  THE  LATE     '         ^" 
ADELBERT   O.    RICHARDSON,    WHICH    ESTATE    ESCHEATED   TO 
THE   COMMONWEALTH. 

Resolved,  That,  subject  to  appropriation,  there  be  al- 
lowed and  paid  from  the  state  treasury,  under  the  direction 
of  the  attorney  general,  to  the  heirs  at  law  or  next  of  kin  of 
the  late  Adelbert  O.  Richardson,  who  died  in  the  city  of 
Lowell  on  August  seventeenth,  nineteen  hundred  and  twenty- 
five,  or  to  their  respective  lawful  representatives,  such  sum 
as  may  be  found  by  the  attorney  general  to  have  been  paid 
into  said  treasury,  as  the  balance  of  the  assets  belonging  to 
the  estate  of  Adelbert  O.  Richardson,  under  section  ten  of 
chapter  one  hundred  and  ninety-four  of  the  General  Laws, 
notwithstanding  the  expiration  of  the  time  limited  by  said 
section  for  the  recovery  of  such  sum.  No  payment  shall 
be  made  hereunder  until  there  shall  have  been  filed  with 
the  comptroller  an  agreement  signed  by  the  heirs  at  law 
or  next  of  kin  of  said  Adelbert  O.  Richardson,  or  their 
respective  lawful  representatives,  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per 
cent  of  said  sum.  Approved  August  12,  1939. 

Resolve  providing  for  the  payment  from  the  state  Chap.   63 

TREASURY  OF  THE  BALANCE  OF  THE  ESTATE  OF  THE  LATE 
PATRICK  MATHEWS,  WHICH  ESTATE  ESCHEATED  TO  THE 
COMMONWEALTH. 

Resolved,  That,  subject  to  appropriation,  there  be  al- 
lowed and  paid  from  the  state  treasury,  under  the  direction 
of  the  attorney  general,  to  the  heirs  at  law  or  next  of  kin  of 
the  late  Patrick  Mathews,  who  died  in  the  city  of  Boston 
on  September  first,  nineteen  hundred  and  seventeen,  or  to 
their  respective  lawful  representatives,  such  sum  as  may 
be  found  by  the  attorney  general  to  have  been  paid  into  said 
treasury  as  the  balance  of  the  assets  belonging  to  the  estate 
of  said  Patrick  Mathews,  under  section  ten  of  chapter  one 
hundred  and  ninety-four  of  the  General  Laws,  notwith- 
standing the  expiration  of  the  time  limited  by  said  section 
for  the  recovery  of  such  sum.  No  payment  shall  be  made 
hereunder  until  there  shall  have  been  filed  with  the  comp- 
troller an  agreement  signed  by  the  heirs  at  law  or  next  of 
kin  of  said  Patrick  Mathews,  or  their  respective  lawful 
representatives,  that  the  amount,  if  any,  paid  or  to  be  paid 
for  legal  services  rendered  in  connection  with  the  passage 
of  this  resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  August  12,  1939. 


824  Resolves,  1939.  —  Chap.  64. 


Chap.    64  Resolve  establishing  a  special  unpaid  commission  for 

THE  PURPOSE  OF  INVESTIGATING  THE  POSSIBILITIES  OF 
CO-ORDINATING  TRANSPORTATION  FACILITIES  IN  AND 
AROUND  THE  METROPOLITAN  BOSTON  AREA  AND  THE  AD- 
VISABILITY OF  EXTENDING  THE  RAPID  TRANSIT  SYSTEM 
IN  THE  CITY  OF  BOSTON  FROM  THE  SOUTH  STATION  TO  THE 
READVILLE  DISTRICT  OF  SAID  CITY,  AND  RELATIVE  TO  THE 
RAILROAD  TRANSPORTATION  FACILITIES  WITHIN  THE  COM- 
MONWEALTH, WITH  A  VIEW  TO  DETERMINING  WHAT  ACTION 
SHOULD  BE  TAKEN  TO  ASSURE  CONTINUED  TRANSPORTA- 
TION SERVICE  FOR  THE  COMMUNITIES  SERVED  BY  CERTAIN 
RAILROAD  LINES,  PARTICULARLY  COMMUTING  PASSENGER 
SERVICE,    SO   CALLED. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  three  persons  to  be 
appointed  by  the  governor,  the  attorney  general  and  the 
chairman  of  the  commission  of  the  department  of  public 
utiUties,  is  hereby  authorized  and  directed  to  investigate 
the  subject  matter  of  so  much  of  the  governor's  address, 
printed  as  current  senate  document  numbered  one,  as  re- 
lates to  the  possibihties  of  co-ordinating  transportation 
facilities  in  and  around  the  Metropolitan  Boston  area,  and 
the  subject  matter  of  current  senate  document  numbered 
three  hundred  and  sixty-two,  relative  to  the  advisability 
of  extending  the  rapid  transit  system  in  the  city  of  Boston 
from  the  South  station,  along  the  right  of  way  of  the  Provi- 
dence division  of  the  New  York,  New  Haven  and  Hartford 
Railroad  to  the  Readville  district  of  said  city.  Said  com- 
mission shall  also  make  a  further  and  thorough  investiga- 
tion of  the  operation  of  the  lines  of  railroad  in  this  com- 
monwealth of  the  New  York,  New  Haven  and  Hartford 
Railroad  Company,  the  Old  Colony  Railroad  Company  and 
the  Boston  and  Providence  Railroad  Corporation,  and  of  the 
incidence  of  taxes  and  other  expenses  on  the  costs  of  such 
operation,  both  line  haul  and  terminal,  and,  in  general,  a 
thorough  investigation  of  the  subject  of  railroad  transpor- 
tation facilities  within  the  commonwealth,  with  a  view  to 
determining,  among  other  things,  what  action  should  be 
taken  to  assure  continued  transportation  service  for  the 
communities  served  by  said  lines,  by  railroads,  or  otherwise, 
particularly  commuting  passenger  service,  so  called.  Said 
commission  shall,  in  the  course  of  its  investigation,  confer 
and  co-operate  with  such  agencies  of  the  commonwealth 
or  any  political  subdivision  thereof,  and  with  such  civic  and 
other  associations  or  organizations,  as  may  be  engaged  in 
making  an  investigation  and  study  of  said  railroad  prob- 
lems for  the  purpose  of  co-ordinating  the  activities  of  said 
agencies,  associations  and  organizations  in  carrying  out 
said  investigations  and  studies.    Said  commission  shall  also 


Resolves,  1939.  —  Chap.  65.  825 

inquire  into  all  pertinent  facts  relating  to  plans  submitted 
by  any  or  all  of  said  railroads,  if  any,  in  connection  with 
proposed  reorganizations  of  any  of  said  railroads.  The 
attorney  general  and  the  chairman  of  the  commission  of  the 
department  of  public  utilities,  or  either  of  them,  if  he  so 
elects,  may  designate  an  officer  or  employee  in  his  depart- 
ment to  serve  in  his  place  on  said  commission.  Said  com- 
mission may  call  upon  the  department  of  pubhc  utilities 
and  other  departments,  boards,  commissions  and  officers 
of  the  commonwealth  for  such  information  as  it  may  desire 
in  the  course  of  its  investigation.  Said  commission  shall 
be  provided  with  quarters  in  the  state  house  or  elsewhere, 
shall  hold  pubhc  hearings,  shall  have  the  power  to  summon 
witnesses  and  to  require  the  production  of  books,  records, 
contracts  and  papers  and  the  giving  of  testimony  under 
oath  and,  subject  to  the  approval  of  the  governor  and  council, 
may  expend  for  expert,  clerical  and  other  services  and  ex- 
penses a  sum  not  exceeding  twenty  thousand  dollars,  which 
sum  is  hereby  appropriated  from  the  general  fund  or  revenue 
of  the  commonwealth.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  as  soon 
as  may  be,  but  in  any  event  not  later  than  the  first  Wednes- 
day of  December  in  the  year  nineteen  hundred  and  forty. 
Said  commission  shall,  at  the  time  of  filing  its  report  with 
the  clerk  of  the  house  of  representatives  as  aforesaid,  file  a 
copy  thereof  with  the  governor. 

Approved  August  12,  1939. 

Resolve  providing  for  a  study  and  investigation  by  a  Chav     65 

SPECIAL  unpaid  COMMISSION  RELATIVE  TO  THE  LIBERAL- 
IZATION AND  ADMINISTRATION  OF  THE  OLD  AGE  ASSISTANCE 
LAW,  SO  CALLED,  AND  RELATED  MATTERS. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  a  study  and  investigation  of  the  old  age 
assistance  law,  so  called,  to  determine  the  advisability  or 
necessity  of  revising  and  liberalizing  said  law,  particularly 
with  reference  to  eligibility  requirements  as  to  age,  amount 
of  payments,  resources  of  applicants,  support  of  aged  per- 
sons by  their  children,  separation  of  boards  of  public  welfare 
from  bureaus  of  old  age  assistance,  benefits  to  crippled  and 
totally  disabled  persons,  irrespective  of  age,  and  related 
matters.  The  commission  shall  consider  the  subject  matter 
of  so  much  of  the  governor's  address  (current  senate  docu- 
ment numbered  one)  as  relates  to  the  Hberalization  and 
administration   of   said  law;    also   the   subject   matter   of 


826  Resolves,  1939.  —  Chap.  65. 

current  senate  documents  numbered  seventeen,  eighteen, 
nineteen,  forty-six,  sixty-three,  sixty-four,  sixty-five,  one 
hundred  and  two,  one  hundred  and  sixty-seven,  one  hun- 
dred and  sixty-eight,  one  hundred  and  sixty-nine,  two  hun- 
dred and  fifty-one,  two  hundred  and  fifty-two,  three  hundred 
and  thirty-eight,  three  hundred  and  thirty-nine  and  three 
hundred  and  forty,  and  of  current  house  documents  ninety, 
one  hundred  and  sixty-one,  one  hundred  and  sixty-two,  one 
hundred  and  sixty-three,  one  hundred  and  sixty-four,  one 
hundred  and  sixty-five,  one  hundred  and  sixty-six,  one  hun- 
dred and  sixty-seven,  two  hundred  and  one,  two  hundred 
and  thirty-nine,  two  hundred  and  eighty-four,  three  hun- 
dred and  forty-five,  three  hundred  and  forty-six,  three 
hundred  and  forty-seven,  three  hundred  and  fifty-three, 
three  hundred  and  ninety-six,  four  hundred  and  seventy-six, 
four  hundred  and  seventy-seven,  four  hundred  and  eighty- 
three,  five  hundred  and  forty-three,  five  hundred  and  forty- 
four,  five  hundred  and  fifty-seven,  six  hundred  and  fifty- 
nine,  six  hundred  and  sixty,  six  hundred  and  sixty-one,  six 
hundred  and  sixty-two,  six  hundred  and  seventy-five,  seven 
hundred  and  fifty-four,  eight  hundred  and  forty-seven,  nine 
hundred  and  seventy-six,  nine  hundred  and  seventy-nine, 
nine  hundred  and  eighty,  eleven  hundred  and  fifteen, 
eleven  hundred  and  sixteen,  eleven  hundred  and  seventeen, 
eleven  hundred  and  eighteen,  eleven  hundred  and  nineteen, 
eleven  hundred  and  twenty,  eleven  hundred  and  twenty- 
one,  twelve  hundred  and  fifty-eight,  twelve  hundred  and 
fifty-nine,  twelve  hundred  and  sixty,  twelve  hundred  and 
sixty-one,  twelve  hundred  and  sixty-two,  twelve  hundred 
and  sixty-four,  thirteen  hundred  and  forty-four,  thirteen 
hundred  and  eighty-six,  thirteen  hundred  and  eighty-eight, 
thirteen  hundred  and  eighty-nine,  thirteen  hundred  and 
ninety,  thirteen  hundred  and  ninety-three,  thirteen  hun- 
dred and  ninety-four,  sixteen  hundred  and  eighty-nine,  six- 
teen hundred  and  ninety,  sixteen  hundred  and  ninety-one, 
sixteen  hundred  and  ninety-two,  sixteen  hundred  and  ninety- 
four,  sixteen  hundred  and  ninety-five,  sixteen  hundred  and 
ninety-six,  sixteen  hundred  and  ninety-seven,  sixteen  hun- 
dred and  ninety-eight,  seventeen  hundred  and  eight,  eighteen 
hundred  and  twenty,  eighteen  hundred  and  twenty-one, 
eighteen  hundred  and  twenty-two,  eighteen  hundred  and 
twenty-three,  eighteen  hundred  and  eighty-four,  eighteen 
hundred  and  eighty-five,  eighteen  hundred  and  eighty-six 
and  eighteen  hundred  and  ninety-two. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers;  and  may  expend  for 
necessary  assistance  and  expenses  such  sums  not  exceeding, 
in  the  aggregate,  two  thousand  dollars,  as  may  hereafter  be 
appropriated  therefor.  The  commission  shall  report  to  the 
general  court  the  result  of  its  investigations  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 


Resolves,  1939. —  Chaps.  66,  67.  827 

sary  to  carry  its  recommendations  into  effect,  by  filing  one 
or  more  reports  with  the  clerk  of  the  senate  at  such  time  or 
times  as  the  commission  may  elect;  provided,  that  the  com- 
mission shall  so  file  its  final  report  not  later  than  December 
first,  nineteen  hundred  and  forty. 

Approved  August  12,  1939. 

Resolve  providing  for  an  investigation  by  the  de-  Chap.   66 

PARTMENT  OF  PUBLIC  WORKS  RELATIVE  TO  CONTROL  OF 
THE  FLOOD  WATERS  IN  THE  SHAWSHEEN  RIVER  FOR  THE 
PURPOSES    OF   FLOOD    PROTECTION. 


That  the  department  of  pubhc  works  be  au- 
thorized and  directed  to  make  an  investigation  as  to  the 
advisability  and  expediency  of  constructing  a  retaining 
wall  at  the  mouth  of  the  Shawsheen  river  where  it  joins 
the  Merrimack  river,  and  also  the  advisabihty  of  dredging 
or  otherwise  improving  said  Shawsheen  river  for  the  pur- 
pose of  flood  protection.  Said  department  shall  submit 
its  report  to  the  general  court,  together  with  its  recom- 
mendations and  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  on  or  before  the  first  Wednesday  of 
December  in  the  year  nineteen  hundred  and  forty. 

Approved  August  12,  1939. 

Resolve  in  favor  of  the  estate  of  william  flaherty.  Chap.   67 

LATE    OF   BOSTON. 

Resolved,  That  there  be  allowed  and  paid,  as  hereinafter 
provided,  out  of  the  treasury  of  the  commonwealth,  with- 
out appropriation,  from  the  proceeds  of  the  taxes  collected 
by  the  commonwealth  on  incomes  under  chapter  sixty-two 
of  the  General  Laws,  to  the  estate  of  William  Flaherty,  late 
of  Boston,  the  sum  of  twenty-five  thousand  dollars,  in  full 
payment  for  legal  services  rendered  by  said  William  Flaherty 
to  the  commonwealth  in  the  suit  hereinafter  referred  to,  and 
for  expenses  incurred  or  paid  by  him  in  connection  there- 
with, said  payment  to  be  made  as  follows :  —  Fifteen  thou- 
sand dollars  upon  the  filing  of  the  agreement  hereinafter 
referred  to,  and  the  balance  when  there  shall  have  been  paid 
to  the  commonwealth  on  account  of  the  judgment  recovered 
by  it  on  November  twenty-seventh,  nineteen  hundred  and 
thirty-three,  in  the  superior  court  for  Suffolk  county  in  its 
suit  against  Edgar  B.  Davis,  an  amount  or  amounts  equal, 
in  the  aggregate,  to  the  sum  of  twenty-five  thousand  dollars 
plus  the  full  amount  of  the  costs  and  disbursements  and 
other  expenses  on  the  part  of  the  commonwealth  in  connec- 
tion with  said  suit.  No  payment  shall  be  made  hereunder 
until  there  shall  have  been  filed  with  the  comptroller  an 
agreement  signed  by  the  executrix  of  the  estate  of  said 
William  Flaherty  that  the  amount,  if  any,  paid  or  to  be  paid 
for  legal  services  rendered  in  connection  with  the  passage 


828  Resolves,  1939.  —  Chaps.  68,  69. 

of  this  resolve  shall  not  exceed  ten  per  cent  of  said  sum 
of  twenty-five  thousand  dollars. 

Approved  August  12,  1939. 

Chap.   68  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
JEWISH  WAR  VETERANS  OF  THE  UNITED  STATES  OF  AMERICA 
IN  THE  YEAR  NINETEEN  HUNDRED  AND  FORTY  IN  THE 
EVENT  THAT  THE  SAME  IS  HELD  IN  THE  CITY  OF  BOSTON. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  Jewish  War  Veterans  of  the  United  States  of 
America  in  the  year  nineteen  hundred  and  forty,  if  held  in 
the  city  of  Boston  as  anticipated,  and  in  such  case  to  ensure, 
in  arranging  entertainments  and  other  events  in  connection 
therewith,  proper  co-operation  between  the  Massachusetts 
Department  of  the  Jewish  War  Veterans  of  the  United  States 
of  America  and  the  commonwealth,  there  may,  if  said  con- 
vention is  to  be  held  in  said  city  as  aforesaid,  be  expended, 
with  the  approval  and  under  the  direction  of  the  governor 
and  council,  a  sum  not  exceeding  five  thousand  dollars,  the 
same  to  be  paid  from  funds  appropriated  for  expenditure 
under  the  provisions  of  section  eight  of  chapter  six  of  the 
General  Laws.  Approved  August  12,  1939. 

Chap.   69  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  RELATIVE  TO  ORDINANCES  OF  THE  CITIES  OF 
THE    COMMONWEALTH. 

Resolved,  That  a  special  commission,  to  consist  of  the 
state  secretary,  the  attorney  general,  the  commissioner  of 
corporations  and  taxation,  the  director  of  the  division  of 
accounts,  the  counsel  to  the  senate  and  the  counsel  to  the 
house  of  representatives,  is  hereby  established  for  the  pur- 
pose of  making  an  investigation  relative  to  ordinances  of 
the  cities  of  the  commonwealth,  with  a  view  to  determining 
the  advisability  of  further  restricting  the  scope  of  such 
ordinances,  particularly  for  the  purpose  of  preventing  in- 
clusion therein  of  provisions  inconsistent  with  existing  pro- 
visions of  law.  Said  commission  shall  consider  the  matter 
of  the  approval  of  such  ordinances  and  make  recommenda- 
tions as  to  what  officer,  board,  commission  or  other  agency 
should  be  designated  as  the  approving  authority  with  re- 
spect to  such  ordinances,  and  shall  also  consider  the  extent, 
if  any,  to  which  such  ordinances  should  be  published.  Any 
member  of  said  commission  may,  if  he  so  elects,  designate 
an  officer  or  employee  in  his  department  or  office,  who  shall 
serve  in  his  place  on  said  commission.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion, and  its  recommendations,  together  with  drafts  of  legis- 
lation necessary  to  carry  said  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 


Resolves,  1939.  —  Chaps.  70,  71,  72.  829 

lives  on  or  before  the  first  Wednesday  of  December  in  the 
year  nineteen  hundred  and  forty. 

Approved  August  12,  1939. 

Resolve  relative  to  certain  improvements  in  menem-  Chap.   70 

SHA  creek  in  the  TOWNS  OF  CHILMARK  AND  GAY  HEAD. 

Resolved,  That,  after  an  appropriation  has  been  made, 
there  be  allowed  and  paid  out  of  the  treasury  of  the  com- 
monwealth for  the  improvement  of  Menemsha  Creek  in 
the  towns  of  Chilmark  and  Gay  Head,  in  accordance  with 
a  project  of  the  federal  government,  seventy-five  hundred 
dollars;  provided,  that  no  part  of  said  amount  shall  be  ex- 
pended until  the  congress  of  the  United  States  shall  have 
appropriated  the  sum  of  thirty-seven  thousand  five  hundred 
dollars  for  the  improvement  aforesaid,  and  the  sum  of  five 
thousand  dollars  shall  have  been  paid  into  the  treasury  of 
the  commonwealth  by  individuals,  associations,  corpora- 
tions or  others  as  a  contribution  toward  the  cost  of  said 
improvement,  and  the  towns  of  Chilmark  and  Gay  Head 
shall  have  agreed  to  provide,  free  of  cost,  the  necessary 
rights  of  way  and  suitable  areas  for  the  disposal  of  the 
dredged  material.  Upon  the  making  of  said  appropriation 
by  congress,  the  making  of  said  contribution  and  the  making 
of  said  agreements,  the  twelve  thousand  five  hundred  dol- 
lars hereby  provided  shall  be  placed  to  the  credit  of  the 
secretary  of  war  as  a  cash  deposit  for  the  improvement  of 
Menemsha  Creek.  Approved  August  12,  1939. 

Resolve  providing  for  the  reimbursement  in  part  of  Chap.   71 

THE  CITY  OF  BOSTON  BY  THE  COMMONWEALTH  FOR  EX- 
PENSES INCURRED  BY  SAID  CITY  IN  THE  OPERATION  AND 
MAINTENANCE  OF  THE  SUMNER  TUNNEL  THEREIN. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  by  the  commonwealth  from  the  Highway  Fund  to 
the  city  of  Boston  the  sum  of  one  hundred  thousand  dollars, 
to  reimburse  said  city  in  part  for  expenses  incurred  by  it  in 
the  operation  and  maintenance  of  the  vehicular  tunnel  be- 
tween Boston  proper  and  East  Boston,  known  as  the  Sumner 
tunnel,  one  half  of  said  sum  to  be  paid  as  aforesaid  on  Sep- 
tember first  in  the  current  year  and  one  half  on  July  first 
in  the  year  nineteen  hundred  and  forty. 

Approved  August  12,  1939. 

Resolve  providing  for  an  investigation  relative  to  Chap    72 

A  CERTAIN  CLAIM  OF  THE  ALLAN  A.  GILLIS  CONSTRUCTION 
COMPANY  AGAINST  THE  COMMONWEALTH. 

Resolved,  That  the  attorney  general  and  the  chairman  of 
the  commission  on  administration  and  finance  are  hereby 
requested  to  investigate  the  claim  of  the  Allan  A.  Gillis 
Construction  Company,  referred  to  in  current  house  docu- 


830  Resolves,  1939. —  Chaps.  73,  74. 

ment  numbered  ten  hundred  and  twelve,  and  to  find  the 
facts  in  relation  thereto  with  a  view  to  determining  whether 
or  not  there  is  any  legal  obhgation  on  the  part  of  the  com- 
monwealth, and  to  recommend  what  action,  if  any,  should 
be  taken  by  the  general  court  thereon.  They  shall  report 
the  results  of  their  investigation  and  their  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  year  nineteen  hundred 
and  forty.  Approved  August  12,  1939. 

Chap.   73  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  relative  TO  THE  ADVISABILITY  OF  REDUCING 
THE  NUMBER  OF  STATE  TEACHERS  COLLEGES  IN  THIS  COM- 
MONWEALTH. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  investigating  the  advisability  of  reducing  the 
number  of  state  teachers  colleges  in  this  commonwealth 
and  their  effectiveness  and  efficiency.  For  the  purposes  of 
this  resolve,  said  commission  may  expend  such  sums,  not 
exceeding,  in  the  aggregate,  fifteen  hundred  dollars,  as  may 
hereafter  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect.  Said  commission  shall  determine  and  specify  in  said 
report  the  order  in  which,  in  its  opinion,  said  teachers  col- 
leges should  be  abolished  in  the  event  that  the  general  court 
shall  hereafter  deem  it  necessary  or  advisable  to  reduce 
their  number.  The  report  shall  be  filed  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December  in  the  year  nineteen  hundred  and  forty. 

Approved  August  12,  1939. 

Chap.  74  Resolve  providing  for  an  unpaid  commission  to  inves- 
tigate FURTHER  THE  ADMINISTRATION  AND  EXPENDITURES 
OF   THE   DEPARTMENT   OF   PUBLIC    WORKS. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  three  persons  to  be  appointed  by  the  governor  and  to  be 
known  as  the  Commission  to  Investigate  Further  the 
Administration  and  Expenditures  of  the  Department  of 
Public  Works,  is  hereby  established. 

The  commission  may  hold  public  hearings  and  may  call 
upon  officials  and  employees  of  the  commonwealth  or  its 
several  political  subdivisions  for  such  information  as  it  may 
desire  in  the  course  of  its  investigation.     The  commission 


Resolves,  1939.  —  Chap.  74.  831 

shall  be  provided  with  quarters  in  the  state  house  or  else- 
where and  shall  have  the  power  to  summon  witnesses  and 
to  require  the  production  of  books,  records,  contracts  and 
papers  and  the  giving  of  testimony  under  oath.  The  com- 
mission may  expend  for  expert,  clerical  and  other  services 
and  expenses,  the  sum  of  seventy-five  hundred  dollars, 
which  sum  is  hereby  appropriated  from  the  highway  fund 
of  the  commonwealth,  together  with  any  unexpended  balance 
of  the  appropriation  made  available  by  Item  B  of  section 
one  of  chapter  one  of  the  acts  of  the  current  year. 

The  commission  shall  conduct  an  investigation  of  the 
administration,  contracts  and  expenditiu"es  of  the  depart- 
ment of  public  works  and  may  report  thereon  to  the  gov- 
ernor from  time  to  time.  It  shall,  at  the  conclusion  of  its 
work,  make  a  final  report  to  the  governor. 

Approved  August  12,  1939. 


832  Acts  and  Resolves  Approved,  etc. 


NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
APPROVAL  WITHHELD,  LIST  OF  ACTS  VETOED 
BY  THE  GOVERNOR,  AND  ACTS  DECLARED 
EMERGENCY  LAWS  BY  THE  GOVERNOR 
UNDER  AUTHORITY  OF  THE  CONSTITUTION. 


The  general  court,  during  its  biennial  session  held  in  1939, 
passed  517  Acts  and  74  Resolves,  which  received  executive 
approval,  and  1  Act  from  which  executive  approval  was 
withheld  but  has  become  law  by  virtue  of  chapter  I,  section 
I,  Article  II  of  the  Constitution  of  the  Commonwealth. 

The  governor  returned  22  Acts  and  1  Resolve  with  his 
objections  thereto  in  writing.  Upon  all  of  said  Acts  and  said 
Resolve  his  objections  were  sustained. 

One  (1)  Act  entitled  "An  Act  authorizing  the  Cape  Cod 
Institute  of  Music  to  grant  the  Degree  of  Bachelor  of  Music" 
(Chapter  277)  was  passed,  but  failed  to  receive  executive 
approval;  as,  however,  it  was  not  returned,  with  objections 
thereto,  within  five  days  after  it  had  been  received  in  the 
executive  department,  the  general  court  not  having  been 
prorogued  in  the  meantime,  said  act  has  the  force  of  law, 
under  the  provisions  of  the  Constitution  governing  such 
cases,  and  has  been  so  certified. 

Twenty-two  (22)  Acts  entitled,  respectively,  "An  Act 
providing  for  a  reduction  in  number  of  town  meeting  mem- 
bers at  large  in  the  town  of  Dedham  and  that  elected  town 
meeting  members  in  said  town  shall  cease  to  be  town  meet- 
ing members  upon  their  election  to  certain  town  offices"; 
"An  Act  authorizing  the  town  of  Dalton  to  refund  certain 
taxes  erroneously  assessed  upon  and  collected  from  Walter 
H.  Pratt";  "An  Act  relative  to  the  retirement  allowance  of 
Harry  A.  Penniman,  a  former  employee  of  the  city  of  Cam- 
bridge"; "An  Act  authorizing  the  city  of  Cambridge  to  pay 
an  annuity  to  the  widow  of  James  J.  Clifford";  "An  Act 
relative  to  the  retirement  allowance  of  Jeremiah  M.  Nolan, 
a  former  employee  of  the  city  of  Cambridge";  "An  Act 
authorizing  the  city  of  Boston  to  pay  an  annuity  to  Thomas 
E.  Goggin,  and  to  or  for  the  benefit  of  a  minor  child  of  said 
Goggin";  "An  Act  authorizing  the  city  of  Brockton  to  pay 
an  annuity  to  the  widow  of  Archie  McPhail";  "An  Act 
validating  the  action  of  the  town  of  Ludlow  abating  certain 
sidewalk  assessments  and  authorizing  said  town  to  refund 
so  much  of  said  assessments  as  has  been  paid";  "An  Act 
permitting  the  exhibition  and  sale  on  the  Lord's  Day  in  cer- 
tain cities  and  towns  of  pictures,  photographs,  statuary 
and  other  works  of  art";  "An  Act  relative  to  the  retirement 
of  certain  janitors  employed  in  public  schools  of  certain 
cities  and  towns";  "An  Act  relative  to  the  settlement  of 
personal  injury  claims";   "An  Act  authorizing  the  town  of 


Acts  and  Resolves  Approved,  etc.        833 

Nahant  to  refund  certain  sums  of  money  erroneously  as- 
sessed upon  and  collected  from  Howard  L.  Trussell  and  the 
Nahant  Land  Company";  "An  Act  to  authorize  the  placing 
of  the  office  of  chief  of  police  of  the  town  of  Marion  under 
the  civil  service  laws";  "An  Act  estabhshing  the  salary  of 
the  clerk  of  the  district  court  of  Nantucket";  "An  Act  pro- 
viding for  an  additional  court  officer  in  the  municipal  court 
of  the  Roxbury  district";  "An  Act  relative  to  the  pension- 
ing of  certain  reserve  and  permanent  members  of  police  and 
fire  forces  of  cities  and  towns";  "An  Act  relative  to  the 
tenure  of  office  of  certain  employees  of  the  town  of  Brain- 
tree";  "An  Act  providing  for  the  payment  by  the  common- 
wealth of  an  annuity  to  the  Reverend  Benjamin  G.  Sea- 
boyer";  "An  Act  providing  for  the  biennial  preparation  and 
distribution  of  certain  Hsts  of  state  officials  and  employees 
and  their  salaries";  "An  Act  relative  to  the  preparation, 
revision,  posting  and  inspection  of  civil  service  eligible 
lists";  "An  Act  to  promote  equahty  of  compensation  for 
positions  in  the  state  service";  "An  Act  establishing  the 
compensation  of  members  of  the  General  Court";  and  one 
(1)  Resolve  entitled  "Resolve  reviving  and  continuing  the 
special  unpaid  commission  established  to  investigate  the 
operation  of  railroads  in  this  commonwealth  by  the  New 
York,  New  Haven  and  Hartford  Railroad  Company  and  its 
subsidiary  companies"  were  passed  and  laid  before  the  gov- 
ernor for  his  approval;  were  returned  by  him  with  his  ob- 
jections thereto,  to  the  branch  in  which  they  respectively 
originated;  were  reconsidered,  and  the  vote  being  taken  on 
their  passage,  the  objections  of  the  governor  thereto  not- 
withstanding, they  were  rejected,  and  said  acts  and  resolve 
thereby  became  void, 

"An  Act  making  appropriations  for  the  maintenance  of 
departments,  boards,  commissions,  institutions  and  certain 
activities  of  the  commonwealth,  for  interest,  sinking  fund 
and  serial  bond  requirements,  and  for  certain  permanent 
improvements"  was  returned  June  23,  1939,  by  the  gover- 
nor to  the  house  of  representatives,  the  branch  in  which 
said  bill  originated,  with  his  objections  in  writing  to  the  fol- 
lowing items  therein :  — 

Items  286,  401a,  409b,  409c,  409d,  409e,  409f,  409h,  409i, 
409j,  409k,  482a,  482b,  484a,  484b,  485c,  485e,  486aa,  486a, 
486b,  488a,  488b,  489a,  489c,  489d,  489cc,  490b,  490c,  491c, 
491CC,  491d,  491e,  492a,  492b,  494a,  504d,  506a,  507a,  507b, 
507c,  507d,  537a,  538b,  539a,  540b,  568a,  568b,  569a,  570a, 
571a,  572a,  572c,  572cc  and  572e  disapproved. 

Item  156  reduced  for  the  year  1939  to  $10,000,  and  for 
the  year  1940  to  $10,000;  Item  520  reduced  for  the  year 
1939  to  $5,000,000  and  for  the  year  1940  to  $4,250,000. 

The  vote  being  taken  June  27,  1939,  on  the  passage  of  said 
items,  the  objections  of  the  governor  thereto  were  sustained, 
the  house  having  refused,  in  each  instance,  to  pass  the  item. 
The  remainder  of  the  bill  (Chapter  309)  was  approved  by 
the  governor  June  23,  1939. 


834         Acts  and  Resolves  Approved,  etc. 

Eight  (8)  Acts  entitled,  respectively,  "An  Act  providing 
for  the  administering  of  the  unemployment  compensation 
law  by  a  division  of  unemployment  compensation  in  the 
department  of  labor  and  industries,  under  the  supervision 
and  control  of  a  director,  creating  a  board  to  review  certain 
cases  arising  under  said  law,  reorganizing  and  further  defining 
the  powers  and  duties  of  the  state  advisory  council  and  mak- 
ing certain  other  changes  in  said  law"  (Chapter  20);  "An 
Act  authorizing  the  trustees  of  Dukes  County  Academy  to 
transfer  real  estate  and  moneys  held  by  it  to  the  town  of 
West  Tisbury"  (Chapter  154);  "An  Act  abolishing  the  com- 
missionership  and  associate  commissionerships  in  the  division 
of  civil  service,  placing  said  division  under  the  supervision 
and  control  of  a  director  and  a  commission,  and  further 
defining  the  powers  and  duties  of  said  division,  its  officers 
and  employees"  (Chapter  238);  "An  Act  removing  a  certain 
restriction  upon  the  expenditure  of  state  funds  for  the  repair 
and  improvement  of  pubhc  ways,  other  than  state  highways, 
in  small  towns"  (Chapter  224);  "An  Act  authorizing  the 
adjutant  general  to  accept  for  military  purposes,  on  behalf 
of  the  commonwealth,  the  gift  of  a  certain  parcel  of  land  in 
Boston"  (Chapter  338);  "An  Act  relative  to  the  number 
of  signatures  required  on  nomination  papers  of  independent 
candidates  for  office"  (Chapter  191);  "An  Act  relative  to 
the  nomination  of  candidates  by  minority  parties,  so  called" 
(Chapter  371);  and  "An  Act  providing  for  a  temporary 
cigarette  tax,  temporary  surtaxes  on  divers  subjects  of 
existing  taxation  and  a  temporary  increase  in  the  inheritance 
tax,  establishing  a  welfare  reimbursement  fund  and  rehev- 
ing  the  burden  on  real  estate"  (Chapter  454)  were  declared 
to  be  emergency  laws  by  the  governor  in  accordance  with 
the  provisions  of  the  forty-eighth  amendment  to  the  Con- 
stitution "The  Referendum.  II.  Emergency  Measures". 
Said  Chapter  20  thereby  took  effect  at  3.13  p.m.  on  February 
17,  1939;  said  Chapter  154  at  12.10  p.m.  on  May  26,  1939; 
said  Chapter  238  at  10.32  a.m.  on  May  24,  1939;  said  Chap- 
ter 224  at  4.02  p.m.  on  June  7,  1939;  said  Chapter  338  at 
10.30  A.M.  on  July  12,  1939;  said  Chapter  191  at  4.55  p.m. 
on  July  20,  1939;  said  Chapter  371  at  11.10  a.m.  on  Septem- 
ber 18,  1939,  and  said  Chapter  454  at  12.40  p.m.  on  August 
11,  1939. 

The  general  court  was  prorogued  on  Saturday,  August  12, 
1939,  at  one  minute  before  twelve  o'clock  p.m.,  the  session 
having  occupied  145  days. 


APPENDIX 


The  following  table  and  the  index  to  the  Acts  and  Resolves  of  the 
current  year  have  been  prepared  by  Fernald  Hutchins,  Esq.,  and 
Henry  D,  Wiggin,  Esq.,  counsel,  respectively,  to  the  Senate  and 
House  of  Representatives,  in  accordance  with  section  fifty-one  of  chap- 
ter three  of  the  General  Laws,  as  amended. 


TABLE 


TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY   THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND  THIRTY-TWO.*  t 


Chapter  1.  — Jurisdiction  of  the  Commonwealth  and  of  the  United  States. 

Act  granting  to  United  States  all  rights  of  the  commonwealth  in 
and  to  great  ponds  within  Fort  Devens  Mihtary  Reservation,  and 
ceding  jurisdiction  over  such  ponds  and  certain  other  lands,  1933,  290. 

Act  granting  the  consent  of  the  commonwealth  to  the  acquisition  by 
the  United  States  of  certain  lands  in  Rutland,  and  ceding  jurisdiction 
over  such  lands,  1937.  361;   1938,  450. 

Act  ceding  jurisdiction  to  the  United  States  over  certain  tracts  of 
land  in  certain  military  reservations  in  the  counties  of  Essex,  Suffolk 
and  Plymouth,  1938,  475. 

Act  ceding  jurisdiction  to  the  United  States  over  certain  land  in 
Boston  harbor  for  the  purpose  of  extending  the  present  limits  of  the 
Boston  Navy  Yard,  1938,  490. 

Act  granting  consent  to  the  acquisition  by  the  United  States  of 
land  for  certain  flood  control  projects,  1939,  284. 

Act  granting  the  consent  of  the  commonwealth  to  the  acquisition 
by  the  United  States  of  America  of  certain  lands  in  the  city  of  Chicopee 
and  the  town  of  Ludlow  for  the  purposes  of  an  army  air-base,  1939,  463. 

Sect.  3  revised,  1933,  278  §  1. 

Chapter  3.  —  The  General  Court. 

Sect.  5  amended,  1937,  364  §  1;   1939,  508  §  1. 

Sect.  6  revised,  1937,  364  §  2;  amended,  1939,  424  §  1.  (See  1939, 
424  §  3.) 

Sect.  6A  added,  1939,  424  §  2  (imposing  restrictions  on  the  granting 
of  authority  to  use  the  designation  of  junior  college).  (See  1939, 
424  §  3.) 

•  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 


838  Changes  in  the  [Chaps.  4-6. 

Sect.  7  revised,  1937,  364  §  3. 

Sect.  9  revised,  1937,  236  §  1. 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1.     (See  1937,  360  §§  3-5.) 

Sect.  13  revised,  1937,  360  §  2.     (See  1937,  360  §§  3-5.) 

Sect.  19  amended,  1935,  210. 

Sect.  20  revised,  1939,  508  §  2. 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Sect.  22  amended,  1939,  508  §  3. 

Sect.  46  amended,  1939,  508  §  4. 

Sect.  47  amended,  1939,  508  §  5. 

Sect.  49  amended,  1939,  508  §  6. 

Sect.  51  amended,  1939,  508  §  7. 

Sect.  53  revised,  1939,  376  §  1.     (See  1939,  376  §  2.) 


Chapter  4.  —  Statutes. 

Sect.  5  revised,  1935,  69. 

Sect.  7,  clause  Eighteenth  amended,  1934,  283;  1935,  26;  1936,  180; 
1937,  38;  1938,  245. 

Chapter  5.  —  Printing  and  Distribution  of  Laws  and  Public  Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1932,  Resolve  53;  1933,  Resolve  19;  1935,  Resolve  18;  1937, 
Resolve  16;   1939,  Resolve  19. 

Sect.  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end,  1937,  373;   section  revised,  1938,  419. 

Sect.  2  paragraphs  (4)  and  (6)  revised,  1939,  508  §  8. 

Sect.  3,  paragraphs  in  twelfth  to  forty-second  lines,  amended,  1938, 
196. 

Sect.  6  amended,  1939,  508  §  9. 

Sect.  9  amended,  1933,  245  §  1. 

Sect.  10  revised,  1939,  508  §  10. 

Sect.  18  amended,  1935,  226  §  1. 

Chapter   6.  —  The   Governor,   Lieutenant   Governor  and   Council,    Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49,  104. 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as 
affected  by  1933,  368;  term  extended,  1935,  380;  1937,  338;  1938,  20, 
501  §  3. 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  12C  added,  1932,  153  (relative  to  the  observance  of  the 
anniversary  of  the  battle  of  Bunker  Hill).     (See  1935,  26.) 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the 
anniversary  of  the  Boston  Massacre,  etc.). 


Chaps.  7,  8.]  GENERAL   LawS.  839 

Sect,  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Commodore  John  Barry). 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans) ;  amended,  1938,  49. 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation 
by  the  governor  relative  to  American  Education  Week). 

Sect.  12H  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 

Sect.  121  added,  1935,  184  (relative  to  the  annual  observance  of 
Indian  Day);  revised,  1939,  56. 

Sect.  12J  added,  1938,  22  (relative  to  the  annual  observance  of 
April  nineteenth  as  Patriots'  Day). 

Sect.  12K  added,  1938,  80  (relative  to  the  annual  observance  of 
Evacuation  Day,  so  called). 

Sect.  17  amended,  1932,  305  §  1;  1933,  120  §  1,  336  §  1;  1934,  374 
§  1;   1935,  475  §  1;  revised,  1939,  393  §  1.    (See  1933,  336  §  3.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  "armory  commission",  1937,  300  §  1.    (See  1937,  300  §  2.) 

Sect.  22  amended,  1936,  341  §  1.     (See  1936,  341  §  2.) 

Sect.  28  amended,  1938,  18. 

Sect.  28A  amended,  1934,  208  §  1. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of 
information  concerning  the  pubhc  bequest  fund). 

Sect.  32,  paragraph  added  at  end,  1937,  227;  same  paragraph  re- 
vised, 1938,  473  §  1. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2. 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcohohc  bever- 
ages control  commission). 

Sect.  43  amended,  1933,  375  §  1. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1. 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock 
reservation  commission).     (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2. 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307;   1939,  451  §  1. 

Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1. 

Sect.  23A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supplies  and  materials  by  contractors  for  certain  state  work  in 
favor  of  domestic  supplies  and  materials). 

Sect.  26  amended,  1939,  451  §  2. 

Sect.  33  revised,  1939,  499  §  1. 

Chapter  8.  —  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327. 
Sect.  1  revised,  1938,  249  §  1.    (See  1938,  249  §  6.) 
Sect.  4  amended,  1935,  251;   revised,  1937,  84  §  1;    1938,  249  §  2. 
(See  1937,  84  §  2;   1938,  249  §  6.) 


840  Changes  in  the  [Chaps.  9-12. 

Sect.  5  revised,  1935,  460  §  1;  amended,  1938,  387  §  1.  (See  1935, 
460  §  2;   1938,  387  §  2.) 

Sect.  9  amended,  1938,  249  §  3.    (See  1938,  249  §  6.) 
Sect.  10  amended,  1938,  249  §  4.    (See  1938,  249  §  6.) 
Sect.  lOA  revised,  1933,  170. 

Sect.  12  revised,  1938,  249  §  5.    (See  1938,  249  §  6.) 
Sect.  17  amended,  1932,  188  §  1;   1933,  199  §  1. 
Sect.  18  amended,  1932,  188  §  2;   1933,  199  §  2. 

Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  2  revised,  1935,  416;  1939,  283. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2;  1939,  342  §  1. 

Sect.  9  amended,  1934,  127. 

Sect.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect.  20  added,  1935,  402  (regulating  the  publication  and  sale  of 
the  Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions 
and  decisions  of  the  Supreme  Judicial  Court). 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (establishing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  power  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).     (See  1937,  404  §§2,  3.) 

Chapter  10.  —  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49,  104. 

For  temporary  legislation  estabhshing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as 
affected  by  1933,  368;  1939,  417,  418;  term  extended,  1935,  380;  1937, 
338;   1938,  20,  501  §  3. 

Sect.  8  amended,  1932,  180  §  1. 

Sect.  11  revised,  1939,  499  §  2. 

Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 
Attorneys. 

Sect.  2  amended,  1934,  133  §  1.     (See  1934,  133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1.  (See  1933,  318 
§  9;   1934,  291  §  6.) 

Sect.  11  amended,  1939,  499  §  3. 

Sect.  14,  paragraph  in  lines  5  and  6  revised,  1935,  209;  paragraph 
in  fines  7  and  8  revised,  1935,  433  §  1;   section  revised,  1935,  458  §  1. 

Sect.  15  revised,  1935,  458  §  2;  paragraph  in  fine  8  revised,  1937, 
279  §  1. 

Sect.  16,  paragraph  in  fines  9-11  revised,  1935,  433  §  2;  section 
revised,  1935,  458  §  3;  paragraph  in  lines  23  and  24  revised,  1937, 
279  §  2. 

Sect.  25  amended,  1937,  64  §  1. 


Chaps.  13-18.]  GENERAL  LaWS.  841 


Chapter  13.  —  Department  of  Civil  Service  and  Registration. 

Sect.  1  revised,  1939,  238  §  1.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  2.     (See  1939,  238  §§  52-55.) 

Sect.  2A  added,  1939,  238  §  3  (relative  to  the  appointment  and 
compensation  of  civil  service  commissioners).    (See  1939,  238  §§  52-55.) 

Sect.  3  amended,  1932,  180  §  3;  revised,  1939,  238  §  4.  (See  1939, 
238  §§  52-55.) 

Sect.  4  revised,  1939,  238  §  5. 

Sect.  5  revised,  1939,  238  §  6. 

Sect.  6  revised,  1939,  238  §  7. 

Sect.  8  amended,  1934,  329. 

Sect.  10  amended,  1932,  8;   1939,  36. 

Sect.  11  amended,  1937,  379. 

Sect.  12  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  "board  of  registration 
IN  CHIROPODY  (podiatry)",  1937,  425  §  1.    (See  1937,  425  §§  14,  15.) 

Sect.  17  revised,  1934,  339  §  1. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1.    (See  1936,  407  §§  5-8.) 

Sect.  31  revised,  1936,  407  §  2.     (See  1936,  407  §§  5-8.) 

Sect.  32  revised,  1935,  420  §  1;  amended,  1939,  238  §  8.  (See  1935, 
420  §  2.) 

Sect.  40  amended,  1933,  149  §  1;  two  sentences  added  at  end,  1934, 
299  §  1.     (See  1934,  299  §  2.) 

Sect.  41  amended,  1938,  337  §  1.    (See  1938,  337  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  of 
hairdressers",  1935,  428  §  1.     (See  1935,  428  §§  5,  7.) 

Sect.  43  amended,  1937,  385  §  1. 

Chapter  15.  —  Department  of  Education. 

Sect.  4  revised,  1939,  409  §  2.     (See  1939,  409  §§  1,  5.) 

Sect.  6A  amended,  1938,  446  §  13.    (See  1938,  446  §  14.) 

Sect.  12  revised,  1935,  367;    1939,  409  §  3.     (See  1939,  409  §§  1,  5.) 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  5A  added,  1938,  407  §  1  (establishing  a  division  of  waterways 
in  the  department  of  public  works). 
Sect.  6  amended,  1935,  418  §  1;  1939,  393  §  2.     (See  1939,  393  §  5.) 

Chapter  17.  —  Department  of  Public  Health. 

Sect.  3  revised,  1939,  233  §  1.     (See  1939,  233  §§  2,  3.) 

Chapter  18.  —  Department  of  Public  Welfare. 

Sect.  7  amended,  1935,  311  §  1. 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (establishing  within  the  department  a  state  board  of 
housing). 

Sect.  17  amended,  1935,  449  §  1;  1938,  485  §  1.    (See  1938,  485  §  2.) 

Sect.  18  amended,  1935,  449  §  lA. 


842  Changes  in  the  [Chaps.  19-21. 


Chapter  19.  —  Department  of  Mental  Health. 

Name  of  department  of  mental  diseases  changed  to  department  of 
mental  health,  1938,  486  §  1.  (See  1938,  486  §§  21,  22.) 

Sect.  1  revised,  1938,  486  §  2;  1939,  511  §  1.  (See  1938,  486  §§  1, 
21,  22;  1939,  511  §  3.) 

Sect.  2  revised,  1938,  486  §  3;  1939,  511  §  2.  (See  1938,  486  §§  21, 
22;  1939,  511  §  3.) 

Sect.  3  repealed,  1938,  486  §  4. 

Sect.  4  revised,  1938,  486  §  5.  (See  1938,  486  §§  21,  22.) 

Sect.  4A  amended,  1938,  486  §  6.  (See  1938,  486  §§  21,  22.) 

Sect.  5  amended,  1935,  314  §  2,  421  §  3.  (See  1935,  421  §§  5,  6.) 

Sect.  6.  See  1935,  314  §  1. 


Chapter  20.  —  Department  of  Agriculture. 

For  temporary  legislation  establishing  within  the  department  a  milk 
control  board,  and  defining  its  powers  and  duties,  see  1934,  376;  term 
of  office  of  said  board  extended,  1936,  300;  1938,  334;  1939,  413; 
amended,  1937,  428;   1938,  279;   1939,  302. 

Sect.  4  amended,  1933,  74  §  1;  revised,  1934,  340  §  1.  Affected, 
1939,  405  §§  1,  2.     (See  1934,  340  §  18.) 

Sect.  6  added,  1934,  340  §  2  (experts  and  assistants  in  division  of 
livestock  disease  control).    (See  1934,  340  §  18.) 

Chapter  21.  —  Department  of  Conservation. 

For  temporary  legislation  establishing  within  the  department  a 
Timber  Salvage  Commission,  and  defining  its  powers  and  duties,  see 
1939,  99. 

Sect.  1  amended,  1934,  340  §  3;  revised,  1939,  491  §  1.  (See  1934, 
340  §18;  1939,491  §12.) 

Sect.  3  revised,  1933,  75  §  1;  amended,  1934,  340  §  4;  revised,  1939, 
491  §  2.     (See  1934,  340  §  18;   1939,  491  §  12.) 
Sects.  3A  and  3B  repealed,  1932,  180  §  4. 
Sect.  4  revised,  1939,  491  §  3.     (See  1939,  491  §  12.) 
Sect.  6  revised,  1939,  491  §  4.     (See  1939,  491  §  12.) 
Sect.  7  revised,  1933,  329  §  3;  1937,  413  §  1.     (See  1937,  413  §§  3,  4.) 
Sect.  7A  added,  1934,  173  §  1  (establishing  the  office  of  state  orni- 
thologist in  the  division  of  fisheries  and  game) ;  revised,  1939,  491  §  5. 
(See  1934,  173  §2;  1939,491  §12.) 

Sects.  7B  and  7C  added,  1939,  491  §  6  (relative  to  the  division  of 
wildlife  research  and  management).    (See  1939,  491  §  12.) 
Sect.  8  repealed,  1939,  491  §  7.     (See  1939,  491  §  12.) 
Sect.  8A  revised,   1933,  329   §  4.      Section  stricken  out  and  new 
sections  8A-8C  added,  1939,  491   §  8  (relative  to  marine  fisheries). 
(See  1939,  491  §  12.) 

Sects.  9  and  10  repealed,  1934,  340  §  5.     (See  1934,  340  §  18.) 
Sect.  11  revised,  1933,  75  §  2;   1939,  491  §  9.     (See  1939,  491  §  12.) 
Sect.  12  revised,  1933,  75  §  3. 


Chaps.  22-25.] 


General  Laws.  843 


Chapter  22.  —  Department  of  Public  Safety. 

Sect  9A  sentence  added  at  end,  1939,  503  §  4.    (See  1939,  503  §  5.) 
Sect.  9B  amended,  1939,  508  §  11.  .  .  u         / 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of 
the  state  police). 

Chapter  23.  —  Department  of  Labor  and  Industries. 

For  legislation  establishing  in  the  department  of  labor  and  industries 
a  temporary  commission  on  apprentice  training  and  definmg  the  powers 
and  duties  of  said  commission,  see  1938,  448;   1939,  471. 

Sect.  3  amended,  1934,  331  §  1;    two  sentences  revised,  1935,  479 

^  Sect  T amended,  1934,  331  §  2;    1935,  479  §  2;   first  two  sentences 
amended:  iS,  261  §  1  (see  1939,  261  §  25)^     (See  1935,  479  §  7.) 
Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 
Sect.  8  amended,  1939,  261  §  2.     (See  1939,  261  §  25.) 
Sect.  9  revised,  1935,  60  §  1. 
Sect.  9A  revised,  1932,  99;  repealed,  1933,  73. 
Sect.  9B  repealed,  1933,  73. 
Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 
Sect.  9D  repealed,  1939,  261  §  3.  ,,,,   ,,n  <,  ^  ^ 

Sect.  9G  amended,  1939,  459  §  2.     (See  1939,  459  §  3.) 
SECT.9Hrevised,  1933,  362;   1939,  261  §4.  ,^    ^,  , 

Sects.  9I-9N  added,  1935,  479  §  4  (estabhshing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties) ;  same 
sections  revised,  1939,  20  §  1.     (See  1935,  479  §§  6,  7;    1939,  20  §§  6, 

^' Sects.  90-9R  added,  under  the  caption  "labor  relations  com- 
mission", 1938,  345  §  1  (incorporating  the  provisions  of  1937  436  rela- 
tive to  the  labor  relations  commission  as  an  addition  to  the  general 
laws).    (See  1938,  345  §§  3,  4.)  <.  o   ,j-   •  • 

Sect.  IIA  (and  caption)  added,  1934,  331  §  3  (division  of  occupa- 
tional hygiene). 

Sects  IIB-IID  added,  under  the  caption  "the  Massachusetts 
DEVELOPMENT  AND  INDUSTRIAL  COMMISSION",  1937,  427  (establishmg 
the  Massachusetts  development  and  industrial  commission  for  the  pro- 
motion and  development  of  the  industrial,  agricultural  and  recreational 
resources  of  the  commonwealth). 

Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  4  revised,  1938,  221.  .  . 

Sect  8 A  added,  1939,  442  §  2  (authorizing  the  appointment  of  em- 
ployees for  the  administration  and  enforcement  of  the  sale  of  securities 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity);   repealed, 

^^SEc?^10^amended,  1933,  76  §  3;   1934,  352  §  3;   1939,  442  §  3. 


844  Changes  in  the  [Chaps.  26-29. 

Sect.  lOA  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  by  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 

Sects.  11  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12A  revised,  1938,  445  §  1;  repealed,  1939,  442  §  1. 

Sect.  12B  revised,  1932,  290  §  2;  repealed,  1939,  442  §  1. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E 
added,  under  caption  ''division  of  smoke  inspection",  1934,  352  §  1. 

Sect.  12F  added,  1935,  405  §  1  (estabhshing  in  the  department  a 
commercial  motor  vehicle  division,  under  the  charge  of  a  director 
thereof);  phrase  added  at  end,  1935,  477  §  2;  section  amended,  1939, 
335  §  1.     (See  1939,  335  §  2.) 

Sect,  12G  added,  1936,  117  (authorizing  the  director  of  the  com- 
mercial motor  vehicle  division  in  the  department  of  public  utilities  to 
summon  witnesses,  administer  oaths  and  take  testimony). 

Chapter  26.  —  Department  of  Banking  and  Insurance. 

For  temporary  legislation  providing  for  the  liquidation  of  certain 
trust  companies,  see  1939,  515. 

Sect.  8A  revised,  1934,  2;   amended,  1935,  419. 

Chapter  27.  —  Department  of  Correction. 

Sect.  2  revised,  1939,  90. 

Sect.  5  revised,  1934,  350  §  1;  1937,  399  §  1.  (See  1934,  350  §§  2-4; 
1937,  399  §§  3-6.) 

Chapter  28.  —  Metropolitan  District  Commission. 

Sect.  3  revised,  1936,  244  §  1.     (See  1936,  244  §  4.) 
Sect.  4  amended,  1936,  244  §  2.     (See  1936,  244  §  4.) 

Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933, 
49,  104,  307,  341,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;  1936,  309;  1937,  338;  1938,  20,  57,  481,  501  §  3;  1939, 
288,  417,  418,  496. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8. 

Sect.  1,  paragraph  added  at  end,  1939,  502  §  1. 

Sect.  3  revised,  1939,  502  §  2. 

Sect.  4  amended,  1939,  502  §  3. 

Sect.  5  revised,  1939,  502  §  4. 

Sect.  5A  amended,  1939,  502  §  5. 

Sect.  6  amended,  1937,  426  §  1;  revised,  1939,  502  §  6.  (See  1937, 
426  §  2.) 

Sect.  8A  added,  1939,  427  (relative  to  competitive  bidding  on  state 
contracts) . 

Sect.  9A  revised,  1939,  502  §  7. 


Chaps.  30,  31.]  GENERAL   LawS.  845 

Sect.  10  amended,  1936,  256;  revised,  1939,  502  §  8. 

Sect.  11  amended,  1939,  502  §  9. 

Sect.  12  amended,  1939,  502  §  10. 

Sect.  14  revised,  1939,  502  §  11. 

Sect.  20A  added,  1937,  407  (relative  to  public  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  26  revised,  1939,  502  §  12. 

Sect.  27  amended,  1937,  359;  revised,  1939,  502  §  13. 

Sect.  29  amended,  1939,  502  §  14. 

Sect.  31,  last  sentence  amended,  1932,  127  §  2. 

Sect.  34  amended,  1936,  333. 

Sect.  38,  subdivision  (h)  added,  1934,  356. 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth). 

Sect.  50  revised,  1939,  502  §  15. 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 


Chapter  30.  —  General   Provisions   Relative    to    State   Departments,   Com- 
missions, Officers  and  Employees. 

For  temporary  act  reducing  the  salary  or  other  compensation  of 
state  officers  and  employees,  see  1933,  105,  as  affected  by  1933,  296. 
For  temporary  acts  providing  for  restoration  of  one-third  of  reduction 
in  salary  or  other  compensation  under  1933,  105,  as  so  affected,  see 
1934,  194,  213  §  1. 

Provisions  relative  to  expenses  incurred  for  certain  meals  by  state 
employees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §  6;   1938,  356  §  5;    1939,  309  §  4. 

Provisions  relative  to  the  purchase  of  passenger  automobiles,  1939, 
309  §  4. 

Provisions  relative  to  expenses  incurred  by  state  employees  in  the 
operation  of  motor  vehicles,  1939,  309  §  5. 

For  legislation  relative  to  commencement  of  terms  of  certain  state 
officers,  see  1939,  304. 

Sect.  7  revised,  1937,  414  §  1. 

Sect.  24  revised,  1937,  430. 

Sect.  32  revised,  1939,  499  §  4. 

Sect.  32A  added,  1939,  499  §  4A  (relative  to  the  force  and  effect  of 
rules  and  regulations  included  in  annual  reports) . 

Sect.  33  revised,  1939,  499  §  5. 

Sect.  33A  amended,  1939,  499  §  6. 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised,  1935, 
472  §  1. 

Sect.  42  revised,  1936,  359. 

Chapter  31.  —  Civil  Service. 

For  acts,  extending  to  May  15th,  1940,  the  existing  preference  in  the 
classified  labor  service  to  persons  with  dependents,  see  1932,  183; 
1933,  194;  1934,  243;  1936,  151;  1938.  212.  [For  prior  legislation,  see 
1930,  111;  1931,316.1 


846  Changes  in  the  [Chap.  31. 

Sect.  1,  definitions  contained  in  fourth  to  eighth  hnes  revised,  1939. 
238  §  9.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  10.     (See  1939,  238  §§  52-55  ) 

Sect.  2A  added,  1939,  238  §  11  (relative  to  the  duties  of  the  director 
T.  <:]^iljieTYice);  clause  (6)  revised,  1939,  506  §  1.  (See  1939,  238 
§§  52-55.) 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  blind  per- 
sons m  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions);  section  amended,  1939.  238  §  12- 
revised,  1939,  498  §  1.     (See  1939,  238  §§  51-55.) 

Sect.  4,  fourth  paragraph  amended,  1938,  72;  sixth  paragraph  re- 
vised 1932,  282  §  1;  section  amended,  1939,  238  §  13;  paragraph 
added  at  end,  1939,  256  §  1.     (See  1932,  282  §  4  ) 

Sect.  5  amended,  1935,  405  §  2;   1936,  244  §  3;   1939,  238  §  14 

Sect.  5A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tam  municipal  officers  of  persons  to  serve  in  a  confidential  capacity) 
ooo^/^'^"  ^'  '"^e^^^ence  added  at  end,  1932,  260;   section  amended,  1939, 
238  §  15. 

Sect.  6A  added,   1935,   228   (dispensing  with  educational   require- 
ments as  a  condition  of  taking  certain  civil  service  examinations) 
Sect.  7  revised,  1939,  397. 

Sect.  8  amended,  1939,  238  §  16;  revised,  1939,  396. 
Sect.  10  revised,  1939,  238  §  17;  1939,  498  §  2. 
Sect.  12  amended,  1939,  238  §  18. 
Sect.  13  amended,  1938,  174  §  2. 
Sect.  13A  amended,  1939,  238  §  19. 
Sect.  14  amended,  1939,  238  §  20. 
Sect.  15  revised,  1939,  238  §  21;   1939,  506  §  2. 
Sect.  15A  added,  1933,  267  (restricting  the  appointment  of  persons 
for  temporary  employment  under  the  civil  service  laws);    amended 
1934,  105.  ' 

_  Sect.  16A  added,  1939,  506   §  3   (relative  to  transfers  under  the 
civil  service  laws). 

Sect.  17  amended,  1934,  94;  revised,  1939,  76;  amended,  1939,  238 
8  ^2. 
Sect.  18  amended,  1939,  238  §  23. 

Sect.  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fare  forces  m  certain  cities  having  reserve  fire  forces);  amended,  1939, 
238  §  24. 

Sect.  20  amended,  1939,  238  §  25;  revised,  1939,  419  §  3 
Sect.  20A  amended,  1939,  238  §  26. 

Sect.  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  police  force  of  the  metropolitan  district  commission  from  the  list 
of  members  of  the  reserve  police  force);  amended,  1939,  238  §  27-  re- 
pealed, 1939,  441  §  2.  (See  1937,  416  §  5;  repealed,  1939,  441  §  3  ) ' 
ooo  .^oo^^  amended,  1932,  89;  revised,  1933,  137;  amended,  1939, 
238  §  28. 

Sect.  22  amended,  1939,  238  §  29. 
Sect.  23  amended,  1939,  238  §  30. 
Sect.  24  amended,  1939,  238  §  31. 
Sect.  25  amended,  1939,  238  §  32. 
Sect.  29  amended,  1939,  238  §  33. 


Chap.  32.]  GENERAL  LaWS.  847 

Sect.  30  amended,  1939,  238  §  34. 

Sect.  31  amended,  1939,  238  §  35;  revised,  1939,  422  §  1. 

Sect.  31A  added,  1939,  422  §  2  (relative  to  the  making  of  reports  by 
department  heads  pertaining  to  civil  service  employees). 

Sect.  32  amended,  1939,  238  §  36;  revised,  1939,  420  §  1. 

Sect.  32A  added,  1939,  420  §  2  (providing  that  records  and  files  re- 
lating to  civil  service  employees  be  public  records). 

Sect.  33  amended,  1939,  238  §  37;  revised,  1939,  420  §  3. 

Sect.  34  amended,  1939,  238  §  38;  revised,  1939,  420  §  4. 

Sect.  36  amended,  1939,  238  §  39. 

Sect.  37  amended,  1939,  238  §  40. 

Sect.  38  amended,  1939,  238  §  41;  revised,  1939,  422  §  3. 

Sect.  39  amended,  1939,  238  §  42. 

Sect.  40  amended,  1939,  238  §  43. 

Sect.  42  amended,  1939,  238  §  44. 

Sect.  45  amended,  1934,  249  §  2. 

Sect.  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in 
the  classified  labor  service) . 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1. 

Sect.  46B  amended,  1939,  238  §  45. 

Sects.  46C,  46D  added,  1933,  320  (providing  for  the  reinstatement  of 
certain  municipal  officers  and  employees) . 

Sect.  46C  amended,  1934,  84;  1936,  66;  revised,  1938,  297  §  1; 
amended,  1939,  238  §  46. 

Sect.  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of  less 
than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases);  paragraph  added  at  end,  1936,  297;  last 
paragraph  amended,  1939,  238  §  47. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of  mem- 
bers of  the  police  force  of  the  metropolitan  district  commission  in  cer- 
tain cases) ;  amended,  1939,  238  §  48. 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect  to 
the  suspension  and  re-employment  of  persons  in  the  classified  civil 
service  in  certain  cases) ;  revised,  1938,  297  §  2. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees  in 
certain  cases  of  invalid  retirement) ;  amended,  1939,  238  §  49. 

Sect.  49A  added,  1939,  183  (authorizing  cities  and  towns  to  place 
certain  offices  under  the  civil  service  laws  by  vote  of  the  voters  thereof). 


Chapter  32.  —  Retirement  Systems  arid  Pensions. 

For  legislation  relative  to  the  abolition  of  non-contributory  pensions 
and  retirement  allowances  for  employees  of  counties,  cities,  towns  and 
districts  under  special  acts,  see  1934,  285  §  10;   1937,  102  §  10. 

For  legislation  relative  to  the  pensioning  of  certain  reserve  and  per- 
manent members  of  police  and  fire  forces  of  cities  and  towns,  see  1938, 
326. 

Sect.  1,  new  paragraph  added,  1934,  360  §  1.  (See  1934,  360  §  5; 
1937,  271.) 

Sect.  2,  paragraphs  (10)  and  (11)  revised,  1935,  390. 


848  Changes  in  the  [Chap.  32. 

Sect.  3,  paragraph  (4)  revised,  1932,  268. 

Sect.  4,  sentence  added  at  end  of  paragraph  {2)  A  (c),  1934,  360  §  2; 
paragraph  (3)  amended,  1936,  370  §  1.  (See  1934,  360  §  5;  1936, 
370  §  2;   1937,  271.) 

Sect.  5,  paragraph  added  at  end  of  paragraph  {2)  C  (c),  1934,  360 
§  3;  paragraph  H  added  at  end,  1934,  360  §  4.  (See  1934,  360  §  5; 
1937,  271.) 

Sects.  1-5,  as  amended,  stricken  out  and  sixteen  new  sections  1-5 A 
inserted,  1938,  439  ^1.    (See  1938,  439  §§  6,  7;  1939,  16,  §§  1,  2.) 

The  following  references  to  sections  2  and  5A  apply  to  sections  inserted 
by  1938,  439  §  1: 

Sect.  2,  paragraph  (14)  amended,  1939,  503  §  1 ;  paragraph  (15) 
stricken  out  and  new  paragraphs  (14A)  and  (15)  inserted,  1939,  503  §  2; 
paragraph  (16)  amended,  1939,  433.    (See  1939,  503  §  5.) 

Sect.  5A,  paragraph  (3)  (a)  amended,  1939,  451  §  3;  paragraph  (8) 
revised,  1939,  508  §  12. 

Sect.  6,  definition  of  "Teacher"  amended,  1937,  232  §  1;  same 
definition  revised,  1938,  444  §  1. 

Sect.  7,  paragraph  (4)  amended,  1932,  127  §  18;  first  sentence  of 
paragraph  (3)  revised,  1937,  232  §  2;  same  paragraph  amended,  1938, 
385;  paragraph  (5)  added,  1937,  232  §  3;  paragraph  (6)  added,  1938, 
444  §  2.    (See  1937,  232  §  4.) 

Sect.  9,  paragraph  (1)  amended,  1939,  508  §  13;  paragraph  (2)  re- 
vised, 1937,  438  §  1;  amended,  1939,  508  §  14;  paragraph  (5)  added  at 
end,  1937,  302;  paragraph  (6)  added,  1938,  444  §  3.  (See  1939,  508 
§17.) 

Sect.  10,  paragraph  (2)  revised,  1932,  255;  paragraph  (4)  amended, 
1937,  438  §  2;  paragraph  (8)  amended,  1936,  386  §  1;  paragraph  (10) 
amended,  1936,  386  §  2,  revised,  1937,  438  §  3;  paragraphs  (11)  and 
(12)  stricken  out,  1937,  438  §  4;  paragraph  (17)  amended,  1938,  444  §  4; 
paragraph  (19)  revised,  1938,  444  §  5;  paragraph  (20)  added,  1938, 
444  §  6. 

Sect.  11,  paragraph  (5)  revised,  1936,  400  §  2. 

Sect.  16,  paragraph  (2)  revised,  1939,  508  §  15. 

Sect.  19,  second  paragraph  revised,  1939,  451  §  4. 

Sect.  20,*  paragraph  added,  1934,  258  §  1. 

Sect.  23,*  paragraph  (5)  revised,  1934,  258  §  2. 

Sect.  24,*  paragraph  (2)  A  amended,  1935,  243. 

Sect.  25,*  paragraph  (2)  A  (h)  revised,  1936,  301  §  1;  paragraph 
(2)  B  (6)  revised,  1936,  301  §  2;  paragraph  (F)  added  at  end,  1936, 
301  §  3. 

Sects.  20-25,  as  amended,  and  the  heading  before  said  section  20, 
stricken  out  and  new  sections  20-251  inserted,  under  heading  "county 

AND  certain  hospital  DISTRICT  RETIREMENT  SYSTEMS",   1936,  400   §   1 

(providing  for  contributory  retirement  systems  for  counties  and  certain 
hospital  districts).     (See  1936,  400  §  5;    1937,  336  §  3.) 

The  following  references  to  sections  20-251  apply  to  sections  inserted  by 
1936,400  §  1: 

Sect.  20,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  1;  definition  of  "Employee"  revised,  1938,  217, 
464  §  3. 

*  See  later  amendments  to  sections  20  to  25,  inclusive. 


Chap.  32.]  GENERAL   LaWS.  849 

Sect.  21,  paragraph  (1)  (a),  revised,  1939,  158  §  1;  paragraphs  (1) 
(6),  (1)  (c)  and  (1)  (d)  revised,  1937,  336  §  2;  paragraph  (/)  added  at 
end  of  subdivision  (1),  1939,  158  §  2.    (See  1937,  336  §  3.) 

Sect.  22,  last  two  sentences  of  paragraph  (5)  revised,  1937,  336  §  4. 

Sect,  23,  paragraph  added  at  end  of  subdivision  (1),  1937,  336  §  5. 

Sect.  25,  first  clause  of  paragraph  (2)  revised,  1937,  336  §  6. 

Sect.  25F,  paragraph  (6)  amended,  1937,  336  §  7. 

Sect.  25G,  paragraph  (1)  (a)  amended,  1937,  336  §  8;  paragraph  (1) 
(d)  amended,  1937,  336  §  9. 

Sect.  251,  last  paragraph  revised,  1937,  336  §  10. 

Sects.  26-31  stricken  out  and  new  sections  26-311  inserted,  1936,  318 
§  1  (providing  for  contributory  retirement  systems  for  cities  and  towns 
that  may  be  accepted  by  them).    (See  1936,  318  §§  5-7.) 

The  following  references  to  sections  26  to  311  are  to  sections  inserted  by 
1936,  318  §  1: 

Sect.  26,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  11;  definition  of  "Employee"  revised,  1938,  464  §  4. 

Sect.  27,  paragraph  (1)  (a)  revised,  1938,  360  §  1 ;  paragraph  (1)  (6) 
revised,  1937,  336  §  12;  last  sentence  revised,  1938,  360  §  2;  para- 
graph (1)  (c)  revised,  1937,  336  §  12;  paragraph  (1)  (d)  revised,  1937, 
336  §  12;  last  sentence  revised,  1938,360  §3;  paragraph  (1)  (e)  revised. 
1938,  360  §  4;  paragraph  (1)  (/)  added,  1938,  360  §  5;  paragraph  (2) 
revised,  1939,  228. 

Sect.  28,  paragraph  (5)  amended,  1937,  336  §  13. 

Sect.  29,  second  paragraph  of  subdivision  (1)  revised,  1937,  336  §  14; 
paragraph  (2)  (6)  revised,  1938,  360  §  6;  paragraph  (2)  (c)  amended, 
1938,  270;  paragraph  (2)  (d)  amended,  1937,  336  §  15;  second  sentence 
revised,  1938,  360  §  7;  paragraph  (2)  (e)  revised,  1938,  360  §  8. 

Sect.  31,  first  paragraph  of  subdivision  (2)  revised,  1937,  336  §  16. 

Sect.  31F,  paragraph  (1)  (b)  amended,  1937,  57  §  1;  paragraph  lA 
added,  1937,  57  §  2;  paragraph  (1)  (c)  revised,  1938,  284  §  1,  464  §  5; 
paragraph  (2)  revised,  1938,  464  §  6.    (See  1937,  57  §  4;  1938,  284  §  2.) 

Sect.  31G,  paragraph  (1)  (d)  amended,  1937,  336  §  17;  paragraph 
(6)  (a)  revised,  1938,  360  §  9;  paragraph  (6)  (6)  amended,  1938,  360 
§10. 

Sect.  311,  paragraph  (3)  amended,  1937,  57  §  3.    (See  1937,  57  §  4.) 

Sect.  31J  inserted  after  the  heading  "general  provisions"  im- 
mediately before  section  32,  1936,  400  §  3  (relative  to  the  definition  of 
certain  words  used  in  said  General  Provisions). 

Sect.  33  amended,  1936,  301  §  4;  318  §  2;  repealed,  1936,  400  §  4. 
(See  1936,  318  §§  5-7;  400  §§  2  and  5.) 

Sect.  36  amended,  1937,  336  §  18. 

Sects.  37A-37D  added,  1936,  318  §  3  (miscellaneous  provisions  rela- 
tive to  contributory  retirement  systems  under  G.  L.  chap.  32).  (See 
1936,  318  §§  5-7.) 

Sect.  37C,  paragraph  added  at  end,  1938,  360  §  lOA;  section  revised, 
1938,  439  §  2.    (See  1938,  360  §  lOB;  439  §  7.) 

Sect.  37D,  first  paragraph  revised,  1937,  336  §  19;  first  paragraph 
stricken  out,  and  two  paragraphs  inserted,  1939,  449  §  1;  paragraph 
added  at  end,  1938,  464  §  1.    (See  1939,  449  §  2.) 

Sect.  37E  added,  1937,  336  §  20  (providing  minimum  retirement 
allowances  for  certain  members  of  county,  city  or  town  contributory 


850  Changes  in  the  [Chap.  32. 

retirement  systems);  paragraph  (2)  revised,  1938,  360  §  11;  para- 
graph (3)  added  at  end,  1938,  439,  §  3.    (See  1938,  439,  §  7.) 

Sect.  37F  added,  1938,  464,  §  2  (permitting  members  of  certain 
contributory  retirement  systems  of  governmental  units  to  make  con- 
tributions on  account  of  prior  service  with  other  such  units  having  no 
such  systems) ;  revised,  1939,  316. 

Sect.  38  amended,  1937,  336  §  21. 

Sect.  38A  added,  1938,  439,  §  4  (relative  to  the  definitions  of  certain 
terms  or  words  used  in  sections  thirty-two  to  thirty-eight,  inclusive). 
(See  1938,  439,  §  7.) 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1. 
(See  1937,  202.) 

Sect.  48  revised,  1938,  379. 

Sect.  52  amended,  1932,  114  §  1. 

Sect.  53  amended,  1932,  114  §  2. 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  same  paragraph 
amended,  1937,  102  §  2;   1938,  452  §  1.    (See  1938,  452  §  2.) 

Sect.  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §  3. 

Sects.  61-64  repealed,  1937,  409  §  2.    (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 
1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary);  amended,  1939,  451  §  5.  (See  1937, 
409  §§  5-7.) 

Sect.  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sects.  68A-68C  added,  1939,  503  §  3  (relative  to  the  retirement  of 
members  of  the  state  police).    (See  1939,  503  §  5.) 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4;  repealed,  1939,  441  §4.  (See 
1937,  416  §  5;  repealed,  1939,  441  §  3.    See  1939,  441  §  5.) 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6;  section  revised,  1938,  323  §  1. 

Sect.  76  revised,  1938,  323  §  2. 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1,  1939,  243;  paragraph 
(c)  added  at  end,  1936,  290  §  2.    (Affected,  1937,  102  §  7,  283.) 

Sect.  78  revised,  1939,  361  §  1.  Affected,  1937,  102  §  7,  283.  (See 
1939,  361  §  2.) 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  laborers);  amended,  1937,  102  §  7;  revised,  1937,  283  §  1.  (See 
1937,  283  §  2.) 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8. 

Sect.  81  amended,  1933,  103;   1938,  277  §  1.    (See  1938,  277  §  3.) 

Sect.  83  amended,  1930,  439  §  2;  1938,  277  §  2;  last  sentence  of  first 
paragraph  revised,  1939,  264  §  1.    (See  1938,  277  §  3;  1939,  264  §  2.) 

Sect.  85  amended,  1936,  439  §  3. 

Sect.  85A  revised,  1935,  31  §  1.     (See  1935,  31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 


Chaps.  33,  34.]  GENERAL  Laws.  851 

ing  of  certain  members  of  the  police  forces  of  park  boards  of  cities  and 
towns). 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  policemen  and  firemen);  amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain 
call  members  of  fire  departments  in  certain  towns). 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  §  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326.    (See  1933,  340  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Sect.  91  revised,  1938,  439  §  5.     (See  1938,  439  §  7.) 

Chapter  33.  —  Militia. 

Act  estabhshing  a  special  mihtary  reservation  commission,  and 
authorizing  the  acquisition  by  the  commonwealth  for  military  pur- 
poses of  certain  properties  in  Sandwich,  Bourne,  Falmouth  and  Mash- 
pee,  1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§  1,  2.     (See  1938,  331.) 

The  following  references  are  to  chapter  33,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  6  revised,  1933,  254  §  1;  1938,  440  §  lA.  (See  1933,  254  §  66; 
1938,  440  §  23.) 

Sect.  7  revised,  1938,  440  §  1.     (See  1938,  440,  §  23.) 

Sect.  18  amended,  1932,  15. 

Sect.  22,  paragraph  in  third  line  revised,  1937,  192  §  1. 

Sect.  25A  added,  1935,  295  §  1  (further  regulating  the  calling  out 
of  the  militia  as  an  aid  to  the  civil  power  of  the  commonwealth) . 

Sect.  26  amended,  1935,  295  §  2. 

Sect.  31  amended,  1935,  295  §  3. 

Sect.  32  revised,  1935,  295  §  4. 

Sect.  33  revised,  1935,  295  §  5. 

Sect.  34  amended,  1935,  295  §  6. 

Sect.  48,  subsection  (a)  revised,  1932,  161;  same  subsection  amended, 
1933,  166. 

Sect.  60  amended,  1933,  153  §  1;   1934,  120;   1939,  144  §  1. 

Sect.  67  revised,  1935,  205. 

Sect.  82,  subsection  (e)  added,  1938,  433  (making  the  United  States 
property  and  disbursing  officer  for  Massachusetts  the  finance  officer  of 
the  Massachusetts  National  Guard,  defining  his  powers  and  duties  and 
establishing  his  compensation). 

Sect.  90,  paragraph  in  lines  63-65  revised,  1934,  106;  last  sentence 
of  paragraph  (fc)  revised,  1933,  17;  paragraph  (k)  revised,  1937,  192  §  2. 

Sect.  98,  sentence  added  at  end,  1933,  6. 

Chapter  stricken  out  and  new  chapter  33  inserted,  1939,  425  §  1.  (See  1939, 
425  §  2.) 

Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1;  revised,  1939,  31  §  1.  (See  1935, 
257  §  12.) 

Sect.  7  amended,  1935,  257  §  2;  last  sentence  stricken  out,  1939, 
31  §  2.    (See  1935,  257  §  12.) 


852  Changes  in  the  [Chap.  35. 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  17  revised,  1932,  74;  affected,  1939,  452  §  7. 

Sect.  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 

gifts). 

Chapter  35.  —  County  Treasurers,  State  Supervision   of  County  Accounts 
and  County  Finances. 

For  temporary  legislation  relative  to  salary  reductions  in  the  several 
counties,  see  1933,  121,  186;  1934,  228,  276,  289.  (See  also  1933, 
322  §  3.) 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and 
certain  other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936, 
64,  83,  414;   1938,  50;   1939,  423  §§  1,  2. 

For  legislation  relative  to  the  issuance  and  renewal  of  certain  tem- 
porary loans  in  anticipation  of  federal  grants  for  public  works  projects, 
see  1938,  82. 

Provisions  relative  to  travel  allowance  of  county  officials  and  em- 
ployees using  their  own  cars  on  official  business,  1933,  322  §  4;  1939, 
452  §  2. 

Provisions  relative  to  expenses  incurred  for  mid-day  meals  by  county 
employees,  1939,  452  §  3. 

For  legislation  relative  to  the  compensation  of  substitutes  for  regu- 
lar county  employees,  see  1939,  452  §  4. 

For  legislation  relative  to  compensation  for  extra  or  unusual  duties 
of  county  employees,  see  1939,  452  §  5. 

For  legislation  requiring  notices  inviting  bids  on  certain  contracts, 
see  1939,  452  §  8. 

Sect.  3  revised,  1932,  56;  sentence  added  at  end,  1939,  109  §  2. 

Sect.  21  amended,  1937,  64  §  2. 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2;  revised,  1939, 
501  §  1.     (See  1933,  318  §  9;    1934,  291  §  6.) 

Sect.  29  revised,  1939,  501  §  2. 

Sect.  30  revised,  1939,  501  §  3. 

Sect.  34  revised,  1937,  36;  amended,  1939,  501  §  4. 

Sect.  36A  amended,  1939,  501  §  5. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29. 

Sect.  40  amended,  1936,  23  §  1. 

Sect.  43A  revised,  1939,  214  §  1. 

Sect.  43B  added,  1939,  214  §  2  (relative  to  the  effect  of  the  filing  of 
annual  fidelity  bonds  by  county  officers  and  employees). 

Sect.  49  amended,  1935,  182  §  1;  1938,  347  §  1;  1939,  165  §  1.  (See 
1935,  182  §  6;   1938,  347  §  3;  1939,  165  §  3.) 

Sect.  51  amended,  1938,  73  §  2. 

Sect.  52,  second  paragraph  revised,  1938,  73  §  1. 


Chaps.  36-iO.]  GENERAL  LawS.  853 


Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1;  1939,  214  §  3. 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  1,  paragraph  in  lines  70-76  amended,  1939,  260;  section 
amended,  1939,  451  §  6. 

Sect.  3  revised,  1939,  214  §  4. 

Sect.  6  amended,  1939,  475. 

Sect.  8  revised,  1932,  118  §  1;  amended,  1939,  30  §  1.  (See  1939, 
30  §  2.) 

Chapter  39.  —  Municipal  Government. 

Sect.  10  amended,  1935,  403  §  1;  amended,  1939,  182.  (See  1935, 
403  §  2.) 

Sect.  19  repealed,  1934,  39  §  1. 
Sect.  20  amended,  1934,  39  §  2. 
Sect.  23  amended,  1934,  39  §  3. 

Chapter  40.  —  Powers  and  Duties  of  Cities  and  Towns. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired  by 
cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities 
and  towns  through  purchase,  1939,  123. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6.    (See  1932,  271  §  7.) 

Sect.  5,  clause  (1)  amended,  1933,  318  §  3  (see  1933,  318  §  9);  1935, 
106;  revised,  1935,  179;  amended,  1939,  19;  clause  (2)  amended,  1936, 
390;  clause  (5 A)  added,  1938,  172  §  1  (authorizing  appropriations  to 
establish  a  water  supply);  clause  (12)  amended,  1932,  114  §  3;  1933, 
153  §  2,  245  §  2;  revised,  1936,  132  §  1,  163;  clause  (28)  revised,  1936, 
211  §  5  (see  1936,  211  §  7);  clause  (38)  added,  1934,  154  §  1  (authoriz- 
ing appropriations  for  protection  of  interests  in  real  estate  held  under 
tax  title  or  taking) ;  clause  (39)  added,  1935,  28  (authorizing  appropria- 
tions for  the  purpose  of  co-operating  with  the  federal  government  in 
certain  unemployment  relief  and  other  projects);  clause  (40)  added, 
1937,  185  (authorizing  appropriations  for  eyeglasses  for  needy  school 
children) ;  clause  (41)  added,  1938,  142  §  1  (authorizing  cities  and  towns 
to  appropriate  money  for  stocking  inland  waters  therein  with  fish  and 
for  liberating  game  therein).     (See  1938,  142  §  2.) 

Sect.  5A  added,  1936,  40  (providing  for  the  establishment  of  reserve 
funds  for  cities) ;  amended,  1937,  34. 

Sects.  5,  6.  Temporary  acts,  effective  during  1935  to  1942,  inclu- 
sive, authorizing  appropriations  for  a  general  unemployment  relief  fund, 
1935,  90;   1937,  4;   1939,  46  §§  1,  2. 


854  Changes  in  the  [Chap.  41. 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  paragraph 
added  at  end,  1937,  255. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  17  amended,  1933,  254  §  2.     (See  1933,  254  §  66.) 

Sects.  25-33.  See  1932,  143;  1933,  204;  1934,  210;  1936,  240;  for 
special  zoning  provisions  for  Boston. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.    (See  1933,  269  §  4.) 

Sect.  27A  added,  1938,  133  §  1  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  zoning  ordinances  or  by-laws). 

Sect.  30,  paragraph  in  lines  61-70  (as  appearing  in  1933,  269  §  1) 
amended,  1935,  388  §  1;  paragraph  in  lines  80-90  (as  appearing  in 
1933,  269  §  1)  amended,  1935,  388  §  2. 

Sect.  30A  stricken  out  and  reinserted  as  section  30B  and  new  sec- 
tion 30A  inserted,  1938,  133  §  2  (to  prevent  multipHcity  of  proposals 
for  the  same  change  in  the  application  of  zoning  ordinances  or  by-laws.) 

Sect.  32  revised,  1933,  185  §  1.     (See  1933,  185  §  2.) 

Sect.  38  revised,  1938,  172  §  2. 

Sects.  39A-39G  added,  1938,  172  §  3  (authorizing  the  estabhshment 
and  maintenance  of  water  supply  and  distributing  systems). 

Sect.  40  revised,  1933,  314. 

Sect.  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1;  revised, 
1938,  415  §  1.     (See  1932,  197  §  3;    1938,  415  §  7.) 

Sect.  42B  amended,  1935,  56  §  1;  revised,  1936,  42  §  2;  1938,  415 
§  2.    (See  1935,  56  §  2;   1938,  415  §  7.) 

Sect.  42C  amended,  1935,  248  §  1;  revised,  1938,  415  §  3.  (See  1938, 
415  §  7.) 

Sect.  42D,  last  sentence  revised,  1935,  248  §  2;  section  revised,  1938, 
415  §  4.     (See  1938,  415  §  7.) 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6;  same  sentence  re- 
vised, 1939,  451  §  7.    Affected,  1938,  415  §  7. 

Sect.  42F  affected,  1938,  415  §  7. 

Sect.  51  revised,  1937,  196. 

Chapter  41.  —  Officers  and  Employees  of  Cities,  Towns  and  Districts. 

For  temporary  legislation  relative  to  salary  reductions  in  Boston, 
see  1933,  121;   1934,  228,  289. 

Provisions  of  G.  L.  chapter  41  authorizing  or  requiring  the  fixing 
of  terms  of  office  of  members  of  any  board,  commission  or  body  affected 
by  1938,  341  §  2. 

Sect.  1,  paragraph  in  line  10  revised,  1934,  155  §  1;  paragraph  in 
lines  15-16  revised,  1939,  129;  paragraph  in  line  25  revised,  1939,  3; 
paragraph  added  at  end,  1938,  341  §  2. 

Sect.  5  amended,  1934,  39  §  4. 

Sect.  11  amended,  1938,  341  §  3. 

Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 

Sect.  19,  last  sentence  revised,  1938,  66. 

Sect.  19A  added,  1933,  70  §  1  (requiring  the  filing  with  the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assist- 


Chap.  42.]  GENERAL  LaWS.  855 

ant  or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to 
said  secretary  to  authenticate  attestations  of  any  such  officer).  (See 
1933,  70  §  2.) 

Sect.  21,  last  paragraph  revised,  1934,  155  §  2.    (See  1934,  155  §  4.) 

Sect.  24 A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 

Sect.  25A  revised,  1937,  129  §  3. 

Sect.  26  revised,  1937,  129  §  4. 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel  by 
boards  of  assessors  in  certain  cases). 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  28  amended,  1939,  342  §  2. 

Sect.  35  revised,  1937,  143  §  2;  sentence  added  at  end,  1939,  109  §  1. 

Sect.  37  revised,  1933,  82  §  2;  amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201. 

Sect.  39A  added,  1939,  89  (providing  for  the  appointment  of  assist- 
ant treasurers  of  cities  and  towns). 

Sect.  40  revised,  1937,  143  §  3. 

Sect.  43A  added,  1939,  88  (requiring  municipalities  to  indemnify 
and  protect  collectors  of  taxes  in  the  performance  of  their  duties  in 
certain  cases). 

Sect.  54A  amended,  1936,  62. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect.  66  revised,  1934,  155  §  3. 

Sects.  69A  and  69B  added,  1938,  172  §  4  (relative  to  the  estabhsh- 
ment  and  powers  and  duties  of  boards  of  water  commissioners  in  cer- 
tain towns). 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1.    (See  1936,  211  §  7.) 

Sect.  72  revised,  1936,  211  §  2.    (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3.    (See  1936,  211  §  7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  of  munic- 
ipal planning",  1936,  211  §  4.    (See  1936,  211  §  7.) 

Sect.  81  A,  last  paragraph  revised,  1938,  113. 

Sect.  86  amended,  1939,  261  §  5. 

Sect.  91B  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  96A  added,  1938,  342  (disqualifying  felons  from  appointment 
to  the  police  forces  or  departments  of  cities,  towns  and  districts). 

Sect.  99  amended,  1932,  124. 

Sect.  100,  sentence  added  at  end,  1933,  324  §  3;  section  amended, 
1938,  298. 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3.  (See  1933,  318 
§§  8,  9;   1934,  291  §  6.) 

Sect.  105  amended,  1936,  132  §  2. 

Sect.  Ill  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15 

Sect.  Ill  A  amended,  1934,  107. 

Chapter  42.  —  Boundaries  of  Cities  and  Towns. 

Boundary  Une  between  Saugus  and  Wakefield  (portion)  established, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;    between  Oak  Bluffs  and  Tisbury   (portion)   established,   1935, 


856  Changes  in  the  [Chap.  43. 

145;  between  Brewster  and  Orleans  (portion)  established,  1935,  356; 
between  Middleton  and  Topsfield  established,  1936,  96;  between  Fox- 
borough  and  Walpole  established,  1937,  140;  between  Edgartown  and 
Oak  Bluffs  (portion)  established,  1937,  265;  between  Arlington  and 
Belmont  (portion)  established,  1938,  371;  between  Rochester  and 
Wareham  and  between  Marion  and  Wareham  (portion)  estabhshed, 
1939,  279. 
Sect.  1  revised,  1933,  278  §  3. 

Chapter  43.  —  City  Charters. 

Sect.  1,  three  paragraphs  inserted  after  word  "inclusive"  in  line  22, 
1938,  378  §  1. 

Sect.  5,  paragraph  added  at  end,  1938,  378  §  2. 

Sect.  7  amended,  1939,  451  §  8.) 

Sect.  8,  form  of  petition  revised,  1938,  378  §  3. 

Sect.  10,  paragraph  added  at  end,  1938,  378  §  4. 

Sect.  15  amended,  1933,  313  §  7;  last  paragraph  amended,  1938, 
378  §  5. 

Sect.  17  revised,  1938,  378  §  6. 

Sect.  18,  paragraph  numbered  4  inserted,  1938,  378  §  7. 

Sect.  19  revised,  1938,  378  §  8. 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1;  amended,  1938, 
378  §  9. 

Sect.  29  revised,  1938,  378  §  10. 

Sect.  30  revised,  1938,  378  §  11. 

Sect.  31  amended,  1938,  378  §  12. 

Sect.  36  revised,  1938,  378  §  13. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30;  first  paragraph  revised,  1938, 
378  §  14. 

Sect.  44C,  first  paragraph  amended,  1937,  147, 

Sect.  44H  amended,  1932,  180  §  7. 

Sect.  46  amended,  1939,  451  §  9. 

Sect.  50A  added,  1936,  135  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter). 

Sects.  93-116  added,  under  the  heading  "Plan  E.  —  Government 

BY  A  CITY  COUNCIL  INCLUDING  A  MAYOR  ELECTED  FROM  ITS  NUMBER, 
AND   A   CITY   MANAGER,    WITH   ALL  ELECTIVE   BODIES   ELECTED   AT  LARGE 

BY  PROPORTIONAL  REPRESENTATION",  1938,  378  §  15  (providing  an  ad- 
ditional optional  standard  form  of  city  charter  under  which  substantial 
control  of  the  city  government  is  vested  in  a  city  council  elected  at 
large  by  proportional  representation,  with  a  city  manager  appointed 
and  removable  at  pleasure  by  the  city  council). 


Chaps.  43A,  44.]  GENERAL  LaWS.  857 


Chapter  43A.  —  Standard  Form  of  Representative  Town  Meeting 
Government. 

Act  relative  to  Wellesley,  1932,  202;  to  Needham,  1932,  279;  to 
Webster,  1933,  13;  to  South  Hadley,  1933,  45;  to  Easthampton,  1933, 
178;  to  Milford,  1933,  271;  to  Adams,  1935,  235;  to  Falmouth,  1935, 
349;  to  Amherst,  1936,  10;  to  Amesbury,  1936,  39;  to  Braintree,  1936, 
56;  1937,  17;  to  Natick,  1938,  2;  to  Palmer,  1939,  110. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 

Sect.  4,  first  paragraph  amended,  1936,  128. 

Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933, 
49,104;  1935,221,300,456;  1936,281;  1938,57;  1939,288,496. 

For  temporary  acts  relative  to  funds  granted  under  the  federal 
emergency  relief  act  of  1933,  see  1933,  344;   1934,  163. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  cer- 
tain other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64, 
83,414;  1937,159;  1938,50;  1939,  423  §§  1,  2. 

For  legislation  authorizing  the  renewal  by  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1935,  12;  1938,  25;  1939,  68. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;   1937,  444  §§  2,  3,  4;    1938,  503  §§  2,  3,  4. 

For  temporary  act  authorizing  cities  and  towns  to  borrow  on  account 
of  pubUc  welfare  and  soldiers'  benefits  from  the  commonwealth  and 
elsewhere,  and  authorizing  the  commonwealth  to  issue  bonds  or  notes 
to  provide  funds  therefor,  see  1933,  307  (as  changed  by  1933,  344  §§  3,  4; 
1934,  335;  and  as  affected  by  1933,  367  §  1). 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow, 
in  1935,  1936,  1937,  1938,  1939  and  1940,  on  account  of  public  welfare 
and  soldiers'  benefits  and  their  share  of  the  cost  of  certain  federal  emer- 
gency unemployment  relief  projects,  see  1935,  188;  1936,  80;  1937,  107; 
1938,  58;   1939,  72,  453.    (See  1935,  456;   1936,  257.) 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency pubUc  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64;  further  provision  for  the  issuance  and  renewal  of  such 
borrowings,  1938,  82. 

For  temporary  legislation  authorizing  any  city  or  town  to  ^xpend 
money  in  co-operation  with  the  federal  government  prior  to  the  pas- 
sage of  its  annual  budget,  see  1938,  180. 

Sect.  2  revised,  1936,  224  §  4.     (See  1936,  224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  antici- 
pation of  revenue  exempted  from  charter  provisions  relative  to  publi- 
cation and  referendum). 
Sect.  5  amended,  1939,  37. 


858  Changes  in  the  [Chap?.  45,  46. 

Sect.  5A  amended,  1935,  68  §  4. 

Sect.  7  amended,  1936,  224  §  5.     (See  1936,  224  §§11,  12.) 

Sect.  8,  clause  (3)  revised,  1938,  172  §  5;  clause  (9)  amended,  1939, 
457. 

Sect.  8A  added,  1939,  108  §  1  (providing  for  submitting  to  the  voters 
of  certain  cities  the  question  of  approving  or  disapproving  orders  author- 
izing the  issue  of  bonds,  notes  or  certificates  of  indebtedness  for  certain 
purposes).    (See  1939,  108  §  2.) 

Sect.  10  amended,  1936,  224  §  6;  1939,  24  §  1.  (See  1936,  224  §§  11, 
12.) 

Sect.  11  amended,  1936,  224  §  7.     (See  1936,  224  §§  11,  12.) 

Sect.  12  amended,  1936,  224  §  8.     (See  1936,  224  §§  11,  12.) 

Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.  (See  1936,  224 
§§  11,  12.) 

Sect.  22  amended,  1936,  224  §  9.     (See  1936,  224  §§  11,  12.) 

Sect.  29.  As  to  tax  limit  of  Boston,  see  1932,  125;  1933,  159;  1934, 
201;   1935,  284;   1936,  224. 

Sect.  32,  paragraphs  added  at  end,  1938,  175  §  1,   378  §  16. 

Sect.  34  revised,  1938,  170. 

Sect.  40  amended,  1939,  339. 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions 
of  law  relative  to  investigations  of  municipal  accounts  and  financial 
transactions  by  the  director  of  accounts).  [For  prior  temporary  legis- 
lation, see  1926,  210;  1929,  335.] 

Sect.  51  amended,  1934,  355;  repealed,  1938,  458. 

Sect.  54  amended,  1933,  200. 

Sect.  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).    (See  1934,  229  §§  2,  3.) 

Chapter  45.  —  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Sect.  17A  added,  1938,  220  (authorizing  cities  and  towns  to  use  cer- 
tain ways  therein  for  playground  purposes). 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1. 

Sect.  1A  added,  1939,  61  §  1  (further  regulating  the  making  and  re- 
cording of  certificates  of  birth  of  certain  abandoned  children  and  found- 
lings). 

Sect.  2A'  added,  1933,  279  (regulating  the  impounding  of  birth 
records  of  children  born  out  of  wedlock);  amended,  1937,  78  §  1;  re- 
vised, 1939,  269  §  1. 

Sect.  3,  paragraph  added  at  end,  1939,  326  §  1. 

Sect.  6  revised,  1939,  61  §  2. 

Sect.  9  amended,  1936,  100. 

Sect.  12  amended,  1937,  78  §  2. 

Sect.  13,  paragraph  in  first  to  sixth  lines  amended,  1939,  61  §  3; 
second  paragraph  amended,  1933,  280  §  2;  second  paragraph  stricken 
out  and  two  new  paragraphs  inserted,  1938,  63;  paragraph  in  eighteenth 
and  nineteenth  lines  amended,  1938,  97;  paragraph  added  at  end,  1939, 
61  §4. 

Sect.  17  revised,  1932,  12;  amended,  1939,  269  §  2. 

Sect.  26  amended,  1939,  326  §  2. 


Chaps.  48-51.]  GENERAL  LaWS.  859 


Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  cer- 
tain other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64, 
83,  414;    1938,  50. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow, 
during  1935,  1936,  1937  and  1938,  on  account  of  public  welfare  and  sol- 
diers' benefits  and  their  share  of  the  cost  of  certain  federal  emergency 
unemployment  relief  projects,  see  1935,  188;  1936,  80;  1937,  107;  1938, 
58.     (See  1935,  456;    1936,  257.) 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency public  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64;  further  provision  for  the  issuance  and  renewal  of  such 
loans,  1938,  82. 

Sect.  13  amended,  1938,  204. 

Sect.  15  amended,  1932,  180  §  8. 

Sect.  59E  added,  1939,  419  §  1  (providing  for  the  ultimate  abolition 
of  reserve  fire  forces  in  certain  cities  and  towns). 


Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 
Elections. 

Sect.  2  amended,  1932,  141  §  1;  sentence  added  at  end,  1938,  341  §  4. 


Chapter  51.  — Voters. 

For  legislation  providing  for  a  state  wide  verification  of  voting  hsts, 

see  1938,  427;  repealed  and  superseded  by  1939,  450. 
Sect.  1,  paragraph  added  at  end,  1932,  206. 
Sect.  2  amended,  1933,  254  §  3.     (See  1933,  254  §  66.) 
Sect.  3  amended,  1933,  254  §  4.     (See  1933,  254  §  66.) 
Sect.  4  amended,  1933,  254  §  5;   first  paragraph  revised,  1935,  345 

§  1;  amended,  1937,  1  §  1;  revised,  1938,  186  §  1;  section  revised,  1938, 

440  §  2.  (See  1933,  254  §§  65,  66;  1937,  226;  1938,  186  §  5,  440  §  23.) 
Sect.  5  revised,  1938,  440  §  3;  1939,  188  §  1.  (See  1938,  440  §  23.) 
Sect.  6  revised,  1938,  440  §  4;  1939,  188  §  2.  (See  1938,  440  §  23.) 
Sect.  7  amended,  1933,  254  §  6;   revised,  1935,  345  §  2;    amended, 

1938,  440  §  5;  revised,  1939,  188  §  3.    (See  1933,  254  §§  65,  66;   1938, 

440  §  23.) 

Sect.  8  amended,  1933,  254  §  7;  1937,  1  §  2;  revised,  1938,  186  §  2, 

440  §  6.  (See  19.33,  254  §  66;  1938,  186  §  5,  440  §  23.) 

Sect.  9  amended,  1933,  254  §  8;  revised,  1938,  440  §  7.  (See  1933, 

254  §  66;    1938,  440  §  23.) 

Sect.  10  amended,  1938,  440  §  8.    (See  1938,  440  §  23.) 

Sects.  lOA  and  lOB  added,  1939,  369  §  1  (providing  for  the  securing 

of  information  relative  to  persons  residing  at  inns,  lodging  houses  and 

public  lodging  houses). 

Sect.  11  revised,  1938,  440  §  9.     (See  1938,  440  §  23.) 
Sect.  12  revised,  1938,  440  §  10.    (See  1938,  440  §  23.) 
Sect.  14A  revised,  1938,  440  §  11.    (See  1938,  440  §  23.) 


860  Changes  in  the  [Chaps.  52, 53. 

Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 

the  listing  of  voters  in  certain  municipalities  so  as  to  conform  to  the 

change  in  taxing  date  from  April  1  to  January  1) ;  revised,  1938,  440  §  12. 

(See  1933,  254  §§  65,  66;    1938,  440  §  23.) 
Sect.  22  amended,  1938,  280. 

Sect.  26  amended,  1932,  48  §  1;   1935,  37  §  1;   1938,  473  §  2. 
Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2;    1938,  473  §  3. 
Sect.  29B  added,  1938,  179  (providing  for  sessions  of  registrars  of 

voters  in  all  the  wards  of  every  city  prior  to  each  biennial  state  election). 
Sect.  32  amended,  1933,  254  §  10.     (See  1933,  254  §  66.) 
Sect.  34  amended,  1933,  254  §  11.     (See  1933,  254  §  66.) 
Sect.  35  revised,  1938,  440  §  13;  amended,  1939,  451  §  10.    (See  1938, 

440  §  23.) 
Sect.  36  amended,  1933,  254  §  12.     (See  1933,  254  §  66.) 
Sect.  37  amended,  1933,  254  §  13;   revised,  1938,  440  §  14;   fourth 

sentence  amended,  1939,  369  §  2.    (See  1933,  254  §  66;  1938,  440  §  23.) 
Sect.  39  amended,  1938,  440  §  15.     (See  1938,  440  §  23.) 
Sect.  43  amended,  1933,  254  §  14;    revised,  1938,  440  §  16.     (See 

1933,  254  §  66;    1938,  440  §  23.) 
Sect.  50  amended,  1938,  440  §  17.    (See  1938,  440  §  23.) 
Sect.  55  amended,  1933,  254  §  15;    sentence  added  at  end,  1936, 

2  §  1;  same  sentence  revised,  1938,  473  §  4.     (See  1933,  254  §  66.) 
Sect.  61  amended,  1937,  21  §  1. 

Chapter  52.  —  Political  Committees. 

The  following  references  are  to  chapter  52,  as  appearing  in  the  Ter- 
centenary Edition: 

Sect.  1  amended,  1932,  310  §  1;  revised,  1934,  288  §  1;  1936,  99. 
(See  1934,  288  §  5;   1937,  384,  435.) 

Sect.  2  amended,  1932,  310  §  2;  revised,  1934,  288  §  2;  amended, 
1936,  11  §  2.    (See  1934,  288  §  5;   1936,  11  §  3;   1937,  384,  435.) 

Sect.  4  amended,  1934,  288  §  3.     (See  1934,  288  §  5.) 

Sect.  7  amended,  1934,  118;  first  paragraph  stricken  out,  1934,  288 
§  4.     (See  1934,  288  §  5;    1937,  384,  435.) 

Sect.  9  amended,  1932,  310  §  3;   1937,  24  §  1.     (See  1937,  384,  435.) 

Chapter  stricken  out  and  new  chapter  inserted,  1938,  346  §  1.     (See  1938, 

346  §§  3,  4.) 

Chapter   53.  —  Nominations,    Questions    to    be   submitted    to    the    Voters, 
Primaries  and  Caucuses. 

Sect.  1  amended,  1939,  371. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1; 
section  revised,  1938,  473  §  5.    (See  1937,  384,  435.) 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1. 

Sect.  6  amended,  1936,  101;  revised,  1939,  191. 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1;  1938,  341  §  5. 
(See  1933,  254  §  66.) 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1;  first  sentence  amended,  1938,  473  §  6. 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 


Chap.  53.]  GENERAL  LawS.  861 

amended,  1938,  373  §  4;  second  paragraph  revised,  1933,  313  §  2; 
third  paragraph  revised,  1937,  77  §  2. 

Sect.  11,  sentence  added  at  end,  1933,  313  §  3;  revised,  1937,  77 
§  3;  section  revised,  1937,  212  §  1. 

Sect.  12  revised,  1937,  212  §  2;  paragraph  added  at  end,  1939,  166. 

Sect.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4;    section  amended, 

1937,  26,  77  §  4. 

Sect.  17A  added,  under  the  heading  "endorsement  for  nomina- 
tion OF  members  of  state  political  committees  by  conventions", 
1938  397 

Sect.  18  revised,  1934,  282. 

Sect.  22A  amended,  1932,  80;   1938,  192. 

Sect.  22B  added,  1938,  191  (requiring  persons  circulating  initiative 
and  referendum  petitions  to  attest  the  validity  of  signatures  thereto 
under  the  penalties  of  perjury). 

Sect.  24.     See  1937,  275. 

Sect.  28  amended,  1932,  310  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32  §  2;  revised,  1938,  473  §  7.    (See  1937,  384,  435.) 

Sect.  32  amended,  1932,  310  §  6;  1938,  473  §  8.  (See  1937,  384, 
435.) 

Sect.  34  revised,  1932,  310  §  7;  first  paragraph  revised,  1938,  436 
§  1;  fourth  paragraph  revised,  1937,  22;  section  revised,  1938,  473  §  9. 
(See  1937,  384,  435.) 

Sect.  35  amended,  1932,  310  §  8;  1938,  473  §  10.  (See  1937,  384, 
435.) 

Sect.  38  amended,  1938,  299. 

Sect.  40  revised,  1932,  30. 

Sect.  41  revised,  1932,  310  §  9;  section  and  title  preceding  it  stricken 
out  and  new  section  inserted  under  the  heading  "provisions  applying 
to  state  primaries",  1938,  473  §  11.     (See  1937,  384,  435.) 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2;  revised,  1938, 
373  §  1.     (See  1937,  384,  435.) 

Sect.  43  amended,  1932,  310  §  11;  1937,  201.     (See  1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38;  revised,  1938, 
373  §  2,  473  §  12.    (See  1937,  384,  435.) 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22; 

1938,  84;   section  revised,  1938,  473  §  13.     (See  1937,  384,  435.) 
Sect.  46  amended,  1936,  4  §  2;  revised,  1937,  25  §  2. 

Sect.  47  amended,  1932,  310  §  14;  1938,  473  §  14.  (See  1937,  384, 
435.) 

Sect.  48  amended,  1932,  310  §  15;  paragraph  added  at  end,  1938, 
272;  first  paragraph  revised,  1938,  373  §  3.    (See  1937,  384,  435.) 

Sect.  49  revised,  1932,  310  §  16;  1938,  473  §  15.  (See  1937,  384, 
435.) 

Sect.  51  amended,  1932,  310  §  17;  1938,  473  §  16.  (See  1937,  384, 
435.) 

Sect.  52  amended,  1932,  310  §  18;  revised,  1938,  473  §  17.  (See 
1937,  384,  435.) 

Sect.  53  revised,  1932,  310  §  19;  1938,  473  §  18.  (See  1937,  384, 
435.) 


862  Changes  in  the  [Chap.  54. 

Sect.  53A  amended,  1932,  310  §  20;   revised,  1938,  473  §  19.     (See 

1937,  384,  435.) 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482 
§  1;  section  amended,  1936,  11  §  1;  1937,  24  §  3;  section  (and  head- 
ing) revised,  1938,  346  §  2.     (See  1936,  11  §§  2,  3;    1937,  384,  435; 

1938,  346  §§  3,  4.) 

Sects.  54A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations); 
repealed,  1938,  473  §  20.     (See  1937,  384,  435.) 

Sect.  55,  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  57  amended,  1937,  410. 

Sect.  61  amended,  1936,  140;   1937,  411. 

Sects.  65-70  (and  caption)  repealed,  1932,  310  §  23.  (See  1937,  384, 
435;   1938,  473  §  21.) 

Sects.  70A-70H  added,  under  heading  "provisions  applying  to 

PRESIDENTIAL  PRIMARIES,"    1938,  473    §   21. 

Sect.  70F  amended,  1939,  451  §  11. 

Sect.  71.     See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting) ;  revised,  1937,  77  §  5. 

Sect.  112  amended,  1935,  59  §  2. 

Sect.  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nomination  by 
caucuses  other  than  those  of  political  or  municipal  parties  of  two 
candidates  for  each  town  office) ;  revised,  1936,  204. 

Chapter  54.  —  Elections. 

Sect.  4  revised,  1935,  482  §  2;  amended,  1936,  185;  revised,  1937, 
412. 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  formation  of  representative  districts). 

Sect.  11  amended,  1932,  76  §  1;  1934,  158  §  1;  1937,  27;  1938,  341 
§6. 

Sect.  11 A  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 

Sect.  12  amended,  1934,  158  §  2. 

Sect.  13  amended,  1934,  158  §  3. 

Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  26  amended,  1938,  281  §  1. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 
1935,  238  §  1. 

Sect.  34  revised,  1936,  205  §  1;  second  paragraph  stricken  out, 
1938,  281  §  2. 

Sects.  35A  and  35B  added,  1938,  281  §  3  (relative  to  voting  by  chal- 
lenged voters  at  polling  places  where  voting  machines  are  used  and 
to  the  counting  of  votes  where  such  machines  are  used). 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2;  1938,  190;  second 
sentence  of  same  paragraph  revised,  1938,  436  §  2. 


Chap.  54.]  GENERAL   LaWS.  863 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2 

Sect.' 43  revised,  1932,  135  §  1. 

Sect.  60,  last  sentence  amended,  1938,  281  §  6. 

Sect.  62  amended,  1935,  257  §  5.     (See  1935,  257  §  12.) 

Sect.  64,  last  paragraph  amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1. 

Sect.  71.    See  1937,  275. 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of 
voters  at  polling  places  at  certain  elections,  primaries  and  caucuses). 
(See  1937,  275  §  2.) 

Sect.  87,  subsection  (h)  revised,  1936,  404  §  1 ;  subsection  (c)  revised, 
1936,  404  §  2;  subsection  (c)  amended,  1937,  162  §  2. 

Sect.  89  revised,  1936,  404  §  3. 

Sect.  92  revised,  1936,  404  §  4:  amended,  1937,  162  §  1. 

Sect.  93  revised,  1936,  404  §  5. 

Sect.  95  revised,  1936,  404  §  6. 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1; 
first  paragraph  amended,  1939,  152. 

Sect.  104  amended,  1934,  39  §  6. 

Sect.  105,  fourth  paragraph  amended,  1938,  341  §  7. 

Sect.  112  amended,  1935,  257  §  6;  1939,  31  §  3.    (See  1935,  257  §  12.) 

Sect.  122  amended,  1935,  257  §  7.     (See  1935,  257  §  12.) 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  1938,  250  §  1;  third 
paragraph  revised,  1937,  303;  last  paragraph  revised,  1938,  250  §  2; 
paragraph  inserted  after  first  paragraph,  1938,  281  §  4.  (See  1933, 
254  §  66.) 

Sect.  135A  added,  1938,  281  §  5  (relative  to  the  recounting  of  votes 
where  voting  machines  are  used). 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 

Sect.  141  amended,  1939,  508  §  16. 

Sect.  144  revised,  1935,  257  §  8;  first  paragraph  amended,  1939,  31 
§4.    (See  1935,  257  §  12.) 

Sect.  146  amended,  1935,  257  §  9.     (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10;  first  paragraph  revised,  1939, 
31  §  5.    (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265.  (See  1939, 
467.) 


864  Changes  in  the  [Chaps.  54A-58. 


Chapter  54A.  —  Election  of  City  and  Town  Officers  by  Proportional  Repre- 
sentation and  Preferential  Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  inserted  by  1937,  345  stricken  out  and  new  chapter  in- 
serted, 1938,  341  §  1. 

Sect.  2,  paragraph  added  at  end,  1938,  378  §  17. 

Chapter  55.  —  Corrupt  Practices  and  Election  Inquests. 

Sect.  7  amended,  1938,  75. 
Sect.  8  revised,  1939,  223. 

Chapter  56.  —  Violations  of  Election  Laws. 

Sect.  1  repealed,  1939,  342  §  3. 

Sect.  2  revised,  1938,  440  §  18.  (See  1938,  440  §  23.) 

Sect.  4  amended,  1939,  451  §  12. 

Sect.  5  revised,  1938,  440  §  19.  (See  1938,  440  §  23.) 

Sect.  6  revised,  1938,  440  §  20.  (See  1938,  440  §  23.) 

Sect.  7  amended,  1938,  440  §  21.  (See  1938,  440  §  23.) 

Sect.  8  revised,  1938,  440  §  22.  (See  1938,  440  §  23.) 

Sect.  22  revised,  1938,  341  §  8. 

Sect.  28  amended,  1938,  341  §  9. 

Sect.  33  amended,  1939,  299  §  1. 

Sect.  35  am.ended,  1939,  299  §  2. 

Sect.  39  revised,  1933,  289  §  2. 

Sect.  40  amended,  1938,  341  §  10. 

Sect.  44  amended,  1938,  341  §  11. 

Sect.  45  amended,  1938,  341  §  12. 

Sect.  48  amended,  1939,  451  §  13. 

Sect.  68  amended,  1939,  299  §  3. 

Chapter  57.  —  Congressional,     Councillor    and    Senatorial     Districts,     and 
Apportionment  of  Representatives. 

Sect.  2  revised,  1939,  507  §  1. 

Sect.  3  revised,  1939,  507  §  2. 

Sect.  4  revised,  1939,  467  §  1.    (See  1939,  467  §§  2,  3,  4.) 

Sect.  5.     See  1939,  467. 


Chapter  58.  —  General  Provisions  relative  to  Taxation. 

For  legislation  providing  for  a  temporary  cigarette  tax,  see  1939,  454 
§§  1-18.  ,      ^ 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8. 

Sect.  1,  fifth  sentence  amended,  1932,  180  §  9;  same  sentence  revised, 
1937,  108  §  2. 

Sect.  2  amended,  1933,  254  §  18.     (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 


Chap.  58A.]  GENERAL    LaWS.  865 

Sect.  8  revised,  1935,  322  §  1. 

Sect.  9  revised,  1939,  346. 

Sect.  10  amended,  1934,  323  §  9.     (See  1934,  323  §  11.) 

Sect.  11  amended,  1939,  451  §  14. 

Sect.  13  amended,  1933,  254  §  20.     (See  1933,  254  §  66.) 

Sect.  14  amended,  1939,  451  §  15. 

Sect.  15  amended,  1933,  254  §  21.     (See  1933,  254  §  66.) 

Sect.  17A  amended,  1939,  451  §  26. 

Sect.  18  revised,  1933,  350  §  7;  amended,  1936,  405  §  1;  1939,  451 
§  16;  affected,  1933,  357  §  4;  1935,  438  §  2.  (See  1933,  307  §  11,  350 
§9;  1936,  362  §4.) 

Sect.  20  revised,  1936,  362  §  3;  amended,  1937,  108  §  1.  (See  1936, 
362  §§  4,  8;   1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 
to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 
or  town  from  the  commonwealth). 

Sect.  21  amended,  1933,  254  §  22;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;   1934,  323  §  11.) 

Sects.  22  and  23  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect,  24  amended,  1933,  254  §  23.     (See  1933,  254  §  66.) 

Sect.  24A  revised,  1934,  323  §  2.     (See  1934,  323  §  11.) 

Sect.  25  revised,  1934,  323  §  3;  amended,  1939,  451  §  17.  (See  1934, 
323  §  11.) 

Sect.  25A  revised,  1934,  323  §  4.     (See  1934,  323  §  11.) 

Sect.  26  amended,  1933,  254  §  24;   repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;  1934,  323  §  11.) 

Sect.  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 
forms  of  application  for  abatement  of  taxes  and  certain  other  forms 
and  the  approval  thereof  by  the  commissioner  of  corporations  and 
taxation) . 

Chapter  58A.  — Appellate  Tax  Board  (former  title,  Board  of  Tax  Appeals). 

Title  revised,  1937,  400  §  2. 

For  legislation  abolishing  the  board  of  tax  appeals  and  creating  the 
appellate  tax  board,  see  1937,  400. 
Sect.  1  revised.  1937,  400  §  3.    (See  1937,  400  §§  1,  2,  4,  5,  7.) 
Sect.  6  amended,  1932,  180  §  10;  revised,  1933,  167  §  4;   amended, 

1934,  323  §   10;   revised,   1938,  478  §   4.     (See  1933,   167  §  5;   1934, 
323  §  11;   1937,400  §  1.) 

Sect.  7  revised,  1933,  321  §  2;  amended,  1939,  451  §  18.    (See  1933, 

321  §  9.) 

Sect.  7A  added,  1933,  321  §  3  (providing  for  the  estabhshment  of 

informal  procedure  before  the  appellate  tax  board);    revised,  1935, 

447;   third  sentence  revised,  1938,  384.     (See  1933,  321  §§  8,  9.) 
Sect.  8  revised,  1933,  321  §  4.     .(See  1933,  321  §  9.) 
Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 

tax  appeal  cases). 

Sect.  10  revised,  1933,  321  §  5.     (See  1933,  321  §  9.) 

Sect.  12  amended,  1933,  321  §  6.     (See  1933,  321  §  9.) 

Sect.  13  revised,  1933,  321  §  7;  one  sentence  revised,  1933,  350  §  8; 

same  sentence  amended,  1935,  218  §  1;   1939,  366  §  1.     (See  1933,  321 

§  9,  350  §  9.) 


866  Changes  in  the  [Chap.  59. 


Chapter  59.  —  Assessment  of  Local  Taxes. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8. 

As  to  Boston  taxes,  see  1932,  125;  1933,  159;  1934,  201;  1935,  284; 
1936,  224. 

Sect.  1  amended,  1936,  202  §  1;  revised,  1938,  186  §  3.  (See  1936, 
202  §  2;   1938,  186  §  5.) 

Sect.  5,  clause  First  revised,  1936,  81;  1938,  47;  clause  Third,  sub- 
section (c)  amended,  1933,  198  §  1  (see  1933,  198  §  2);  clause  Eleventh 
revised,  1938,  317;  clause  Sixteenth  revised,  1936,  362  §  1  (see  1936, 
362  §§  4,  8);  clause  Seventeenth  revised,  1935,  294,  amended,  1939, 
451  §  19;  clause  Seventeenth  A  added,  1938,  186  §  4;  clause  Twentieth 
revised,  1937,  132;  clause  Twenty-second  amended,  1939,  451  §  20; 
clause  Twenty-third  amended,  1932,  114  §  4;  clause  Thirty-fifth  re- 
vised, 1939,  24  §  2.    (See  1938,  186  §  5.) 

Sect.  6  amended,  1933,  254  §  25;  1936,  59  §  1.  (See  1933,  254  §  66; 
1936,  59  §  3.) 

Sects.  6  and  7.    See  1934,  307. 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2;  'section  amended, 
1939,  451  §  21.    (See  1936,  59  §  3.) 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end, 
1935,  119  §  1.     (See  1933,  254  §  66;   1935,  119  §  2.) 

Sect.  9  amended,  1933,  254  §  27;  revised,  1939,  342  §  4.  (See  1933, 
254  §  66.) 

Sect.  10  amended,  1933,  254  §  28.     (See  1933,  254  §  66.) 

Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92;  1939, 175.  (See 
1933,  254  §  66.) 

Sect.  16  amended,  1937,  114. 

Sect.  18,  opening  paragraph  and  clauses  First  and  Second  amended, 
1933,  254  §  30;  clause  Second  revised,  1936,  362  §  2.  (See  1933,  254 
§  66;  1936,  362  §  8.) 

Sect.  19  amended,  1933,  254  §  31.     (See  1933,  254  §  66.) 

Sect.  20  revised,  1933,  254  §  32;  amended,  1936,  376  §  1.  (See 
1933,  254  §  66.) 

Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2.    (See  1933,  254  §  66.) 

Sect.  23,  paragraph  added  at  end,  1938,  175  §  2. 

Sect.  27  amended,  1936,  118  §  2.     (See  1936,  118  §  3.) 

Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 
254  §  66.) 

Sect.  33  amended,  1933,  254  §  35.     (See  1933,  254  §  66.) 

Sect.  39  amended,  1933,  254  §  36;  1939,  451  §  22.  (See  1933,  254 
§66.) 

Sect.  41  amended,  1933,  254  §  37.     (See  1933,  254  §  66.) 

Sect.  45  amended,  1933,  254  §  38;  form  appended  to  section  amended, 
1933,  254  §  39.    (See  1933,  254  §  66.) 

Sect.  47  amended,  1933,  254  §  40.     (See  1933,  254  §  66.) 

Sect.  49  amended,  1933,  254  §  41.     (See  1933,  254  §  66.) 

Sect.  57  amended,  1933,  151  §  1;    revised,  1933,  254  §  42;    1935, 


Chap.  60.]  GENERAL   LaWS.  867 

158  §  1;  amended,  1937,  203  §  1;  revised,  1938,  330  §  1.  (See  1933, 
151  §  2,  254  §  66;   1935,  158  §  2;   1937,  203  §  2;   1938,  330  §  2.) 

Sect.  59,  sentence  added  at  end,  1933,  165  §  1 ;  section  revised,  1933, 
254  §  43,  266  §  1;  1934,  136  §  2;  amended,  1935,  187  §  1;  revised,  1939, 
250  §1.    (See  1933,  254  §66,  266  §2;  1934,  136  §3;  1935,  187  §  2.) 

Sect.  61,  last  sentence  revised,  1933,  165  §  2. 

Sect.  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery 
in  proceedings  for  tax  abatement). 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1;  second  paragraph 
amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6;  1938,  478  §  1; 
first  sentence  amended,  1939,  31  §  6;  second  paragraph  amended,  1939, 
366  §  2.    (See  1937,  400  §§  1-5,  7.) 

Sect.  65  amended,  1933,  130  §  2,  167  §  1;  revised,  1938,  478  §  2; 
1939,  31  §  7. 

Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 
real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 
proceedings  for  the  abatement  of  such  taxes) ;  revised,  1933,  325  §  18. 
(See  1932,  218  §  2;   1933,  325  §  19.) 

Sect.  65B  added,  1938,  478  §  3  (relative  to  appeals  to  the  appellate 
tax  board  from  the  refusal  of  assessors  to  abate  certain  taxes  on  real 

Sect.  69  amended,  1935,  218  §  3;  1939,  366  §  3. 

Sect.  73  amended,  1933,  254  §  44.     (See  1933,  254  §  66.) 

Sect.  74  amended,  1933,  254  §  45;  1939,  24  §  3.    (See  1933,  254  §  66.) 

Sect.  75  amended,  1934,  104. 

Sect.  79  amended,  1938,  150  §  1. 

Sect.  83  amended,  1933,  254  §  46;  1939,  24  §  4.    (See  1933,  254  §  66.) 

Sect.  84  amended,  1933,  254  §  47.     (See  1933,  254  §  66.) 

Sect.  85  amended,  1933,  254  §  48.     (See  1933,  254  §  66.) 

Sect.  86  amended,  1933,  254  §  49.     (See  1933,  254  §  66.) 

Chapter  60.  —  Collection  of  Local  Taxes. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired 
by  cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities  and 
towns  through  purchase,  1939,  123. 

Sect.  1,  third  paragraph  revised,  1933,  164  §  1. 

Sect.  3  revised,  1933,  254  §  50.     (See  1933,  254  §  66.) 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 
relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156.     (See  1934,  136  §  3.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes.) 

Sect.  4  revised,  1939,  342  §  5. 

Sect.  5  revised,  1933,  168  §  2. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5;  section  revised,  1939, 
44. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;   1935,  252  §  1. 

Sect,  15 A  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes). 


868  Changes  in  the  [Chap.  60. 

Sect.  16  revised,  1933,  168  §  1;    amended,  1933,  254  §  51.     (See 

1933,  168  §  4,  254  §  66.) 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;    affected,  1933,  308.     (See  1933, 
254  §  66.) 
Sect.  23  revised,  1932,  197  §  1. 
Sect.  35  revised,  1938,  150  §  2. 
Sect.  37  amended,  1933,  254  §  53,  325  §  1;   1934,  131  §  2;  revised, 

1934,  169;  amended,  1935,  269;  1936,  146.    (See  1933,  254  §  66;  1934, 
131  §  3.) 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66, 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183   236 

Sect.  45  amended,  1933,  325  §  4;   1937,  209;   1938,  339  §  1. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1, 

Sect.  48  amended,  1933,  325  §  5.     (See  1933,  325  §  20.) 

Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2. 
(See  1935,  414  §  4.) 

Sect.  50A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings). 

Sect.  51  amended,  1933,  254  §  55.     (See  1933,  254  §  66.) 

Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.     (See  1933,  325  §  20.) 

Sect.  54  amended,  1933,  325  §  7;   1938,  339  §  2. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2;  1939,  250  §  2. 

Sect.  59  amended,  1933,  254  §  56.     (See  1933,  254  §  66.) 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  re- 
vised, 1935,  278;  section  revised,  1936,  392  §  2;  paragraph  inserted 
after  the  second  paragraph,  1938,  415  §  5.     (See  1935,  414  §  4.) 

Sect.  63  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 

Sect.  65  amended,  1933,  325  §  12;   1938,  305. 

Sect.  66  amended,  1935,  224  §  1.     (See  1935,  224  §  6.) 

Sect.  67  amended,  1935,  224  §  2.    (See  1935,  224  §  6.) 

Sect.  68  amended,  1935,  224  §  3;  paragraph  added  at  end,  1935, 
354  §  1;  section  amended,  1935,  414  §  3.  (See  1935,  224  §  6,  354  §  3, 
414  §  4.) 

Sect.  69  amended,  1935,  224  §  4.     (See  1935,  224  §  6.) 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases);  paragraph  added  at  end,  1939,  181. 
(See  1935,  354  §  3.) 

Sect.  76B  added,  1938,  415  §  6  (relative  to  the  effect  of  errors  or 


Chaps.  60A-62.]  GENERAL   LawS.  869 

irregularities  in  respect  to  water  rates  and  charges  included  in  a  tax 
title  account). 

Sect.  77,  paragraph  added  at  end,  1938,  339  §  3. 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;   1935,  173  §  1. 

Sect.  80  amended,  1933,  325  §  15;  revised,  1935,  173  §  2.  (See 
1939,  123.) 

Sect  84  revised   1935  260 

Sect!  84A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 

Sect.  95  revised,  1933,  325  §  17;  amended,  1934,  315  §  2;  revised, 
1935,  248  §  3;  amended,  1939,  451  §  23.    (See  1934,  315  §  3.) 

Sect.  97  revised,  1934,  151  §  1. 

Sect.  104  revised.  1937.  43. 

Sect.  105  revised,  1933,  168  §  3. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1 ;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 

Chapter  60A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2;  paragraph  added  at  end,  1938,  111;  section 
revised,  1938,  480  §  1. 

Sect.  2  revised,  1936,  384  §3;  1938, 480  §  2;  ninth  sentence  amended, 
1939,  366  §  4. 

Sect.  2A  added,  1938,  492  §  1  (providing  for  the  suspension  of  cer- 
tificates of  registration  in  cases  of  non-payment  of  the  excise  on  regis- 
tered motor  vehicles). 

Sect.  3  revised,  1936,  384  §  4;   1938,  480  §  3. 

Sect.  4  revised,  1938,  480  §  4,  492  §  2. 

Sect.  6  amended,  1936,  384  §  5;  revised,  1938,  480  §  5. 

Chapter  6L  —  Taxation  of  Forest  Products  and  Classification  and  Taxation 
of  Forest  Lands. 

Sect.  3  amended,  1933,  254  §  57.     (See  1933,  254  §  66.) 

Chapter  62.  —  Taxation  of  Incomes. 

For  temporary  legislation  relative  to  the  taxation  of  dividends  of 
certain  corporations,  see  1933,  307,  357;  1935,  489;  1936,  82  §  1; 
1937,  395;   1938,  489  §§  2-5;  1939,  373. 

For  legislation  providing  for  temporary  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19. 

Sect.  1,  subsection  (c),  paragraph  Third  added,  1935,  489  §  6;  sub- 
section (e)  amended,  1935,  489  §  7. 

Sect.  5,  paragraph  (b)  amended,  1935,  489  §  8;  same  paragraph 
revised,  1939,  486  §  1;  paragraph  (c)  revised,  1934,  363  §  1;  1935,  481 
§  1.     (See  1934,  363  §  2;   1935,  481  §  2;   1939,  486  §  3.) 

Sect.  6,  clause  (g)  revised,  1935,  436  §  1.     (See  1935,  436  §  2.) 


870  Changes  in  the  [Chap.  63. 

Sects.  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property) . 

Sect.  18.     See  Sect.  18  of  Chapter  58  in  this  Table. 

Sect,  21 A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes) ;  repealed,  1938,  489  §  8. 

Sect.  22  revised,  1939,  486  §  2.     (See  1939,  486  §  3.) 

Sect.  25A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  property). 

Sect.  30  amended,  1935,  152. 

Sect.  33,  paragraph  added,  1932,  186. 

Sect.  36  amended,  1933,  167  §  2. 

Sect.  37  revised,  1933,  350  §  1.     (See  1933,  350  §  9.) 

Sect.  37A  added,  1933,  350  §  2  (providing  for  the  payment  of  in- 
come taxes  in  two  installments).     (See  1933,  350  §  9.) 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9.) 

Sect.  41  revised,  1932,  152;   1933,  350  §  4.     (See  1933,  350  §  9.) 

Sect.  43  amended,  1933,  350  §  5;    1937,  135  §  2.     (See  1933,  350  §  9.) 

Sect.  45  amended,  1939,  451  §  24. 

Sect.  46  revised,  1933,  350  §  6.     (See  1933,  350  §  9.) 

Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  "Net  income"  revised,  1933,  327  §  1. 
(See  1933,  327  §  7.) 

Sect.  2  amended,  1933,  327  §  2;  1939,  451  §  25.    (See  1933,  327  §  7.) 

Sect.  3  amended,  1933,  254  §  58;  1934,  323  §  5.  (See  1933,  254  §  66; 
1934,  323  §  11.) 

Sect.  4  amended,  1939,  368. 

Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;  1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1;  paragraph  (h) 
added  at  end,  1934,  362. 

Sect.  18  revised,  1939,  447  §  1.     (See  1939,  447  §  3.) 

Sect.  18A  amended,  1939,  447  §  2.     (See  1939,  447  §  3.) 

Sect.  28  amended,  1939,  451  §  27. 

Sects.  30-51.     See  1934,  317  §  2. 

Sects.  30-60.  For  legislation  providing  for  temporary  additional 
taxes  levied  under  these  sections,  see  1935,  480;  1936,  397;  1937,  422; 
1938,  502;   1939,  454  §  19. 

Sect.  30,  paragraph  3,  subdivision  (a)  revised,  1939,  24  §  5;  para- 
graph contained  in  lines  48-51  amended,  1933,  58  §  3;  paragraph  con- 
tained in  lines  52-69  revised,  1934,  237  §  1 ;  paragraph  4,  subdivision  (a) 
revised,  1939,  24  §  6;  paragraph  contained  in  lines  70-74  amended, 
1933,  58  §  4,  revised,  1934,  237  §  1;  paragraph  5  revised,  1933,  327  §  3. 
(See  1933,  58  §  5,  327  §  7;  1934,  237  §  2.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5;  1939,  363 
§  1.    (See  1933,  342  §  6;  1936,  362  §  8;  1939,  363  §  2.) 

Sect.  32A  amended,  1933,  342  §  2.    (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §  1.    (See  1933,  303  §  3.) 

Sect.  34  amended,  1933,  327  §  4.    (See  1933,  327  §  7.) 


Chap.  64.]  GENERAL   LaWS.  871 

Sect.  35  revised,  1933,  58  §  1. 

Sect.  36  revised,  1933,  327  §  5;  amended,  1935,  473  §  2.  (See  1933, 
327  §  7;  1935,  473  §  7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933, 
342  §  6.) 

Sect.  38B,  last  paragraph  amended,  1935,  473  §  3.  (See  1935,  473 
§  7.)  [For  temporary  legislation  affecting  the  taxation,  during  1934, 
1935,  1936,  1937,  1938,  1939,  1940,  1941  and  1942  of  corporations  sub- 
ject to  this  section,  see  1934,  317  §  1;    1935,  489  §  4;    1937,  395  §  5; 

1938,  489  §  6;   1939,  373  §  5.] 

Sect.  38C  revised,  1937,  383  §  1.    (See  1937,  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §  6;  1936,  362  §  8.) 

Sect.  39 A  revised,  1933,  303  §  2;  jfirst  paragraph  amended,  1934, 
134.     (See  1933,  303  §  3.) 

Sect.  40  revised,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5.    (See  1933,  342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43.     See  1933,  307  §  9A,  357;  1935,  489;   1937,  395. 

Sect.  44  amended,  1935,  473  §  4;  amended,  1936,  362  §  7.  (See 
1935,  473  §  7;   1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5.  (See  1933, 
195  §  2;   1935,  473  §  7.) 

Sect.  48  revised,  1935,  473  §  1.    (See  1935,  473  §  7.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  clause  Fourth 
revised,  1934,  323  §  6.    (See  1933,  254  §  66;   1934,  323  §  11.) 

Sect.  54,  paragraph  in  lines  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A.    (See  1933,  254  §  66;   1934,  323  §  11.) 

Sect.  55,  first  paragraph  amended,   1936,   134;    section  amended, 

1939,  24  §  7. 

Sect.  56A  revised,  1934,  317  §  3.    (See  1934,  317  §  4.) 

Sect.  59  amended,  1934,  323  §  8.    (See  1934,  323  §  11.) 

Sect.  60  amended,  1939,  451  §  28. 

Sect.  68A  amended,  1939,  24  §  8. 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 

Sect.  71  amended,  1933,  167  §  3;  1939,  451  §  29. 

Sect.  71 A  amended,  1935,  150;  1939,  451  §  30. 

Sect.  71B  added,  1937, 135  §  3  (providing  that  apphcations  for  abate- 
ment or  correction  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner "» . 

Sect.  81  revised,  1939,  24  §  9. 

Chapter  64.  —  Taxation  of  Stock  Transfers. 

Sect.  6  amended,  1939,  451  §  31. 


872  Changes  in  the  [Chaps.  64A-69. 


Chapter  64A.  —  Taxation  of  Sales  of  Gasoline  and  Certain  Other  Motor 
Vehicle  Fuel. 

Chapter  affected,  1932,  248;    1935,  336;    1936,  398;    1938,  431  §  2; 
1939,  408. 
Sect.  1,  paragraph  (d)  revised,  1936,  357  §  1.     (See  1936,  357  §  3.) 
Sect.  4  revised,  1938,  431  §  1. 

Sect.  5  amended,  1936,  357  §  2;  1939,  451  §  32.    (See  1936,  357  §  3.) 
Sect.  10  amended,  1939,  451  §  33. 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  providing  for  temporary  additional  taxes  upon  suc- 
cessions and  legacies,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502; 
1939,  454  §§  20,  22. 

Sect.  1,  table  revised,  1933,  293. 

Sect.  3  amended,  1939,  380. 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Sect.  25  amended,  1939,  451  §  34;  revised,  1939,  494  §  1. 

Sect.  26  amended,  1939,  451  §  35;  revised,  1939,  494  §  2. 

Sect.  32  amended,  1939,  451  §  36. 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;    second  paragraph  re- 
vised, 1933,  316  §  1;  section  amended,  1937.  420  §  1.     (See  1933,  316 
§  2;  1937,  420  §  4.) 
Sect.  6  amended,  1937,  420  §  2.    (See  1937,  420  §  4.) 
Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 

Chapter  66.  —  Public  Records. 

Sect.  3  revised,  1936,  305. 
Sect.  15  amended,  1939,  40. 

Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Uses. 

Sect.  10,  sentence  added  at  end,  1934,  238. 

Chapter  69.  —  Powers  and  Duties  of  the  Department  of  Education. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935.  275;  1937,  213,  327;  1938,  315;  revised, 
1938,  424. 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  9  amended,  1938,  442  §  1. 

Sect.  9A  added,  1938,  442  §  2  (further  regulating  education  in  the 
use  of  English  and  certain  other  subjects  adapted  to  fit  persons  for 
American  citizenship). 

Sect.  11  revised,  1939,  409  §  4.     (See  1939,  409  §§  1,  5.) 

Sect.  23A  added,  1938,  28  (requiring  the  furnishing  of  information 
to  the  director  of  the  division  of  the  blind  by  certain  banks  and  other 
depositories). 


Chaps.  70-73.]  GENERAL   LawS.  873 

Sect.  25  revised,  1935,  397. 

Sects.  25A-25E  added,  1938,  329  (regulating  the  raising  of  funds  for 
the  benefit  of  the  blind). 

Sect.  26,  paragraph  added  at  end,  1935,  286. 

Sect.  29  added,  1938,  313  (relative  to  instruction  in  lip  reading  for 
certain  school  children  whose  hearing  is  defective). 


Chapter  70.  —  School  Funds  and  Other  State  Aid  for  Public  Schools. 

Sect.  2  amended,  1932,  127  §  5. 

Sect.  4,  last  paragraph  amended,  1934,  143. 

Sect.  6  amended,  1932,  127  §  6. 

Sect.  18  amended,  1932,  127  §  7. 

Chapter  71.  —  Public  Schools. 

Sect.  2  amended,  1938,  246  §  1. 

Sect.  13 A  added,  1938,  241  (requiring  the  teaching  of  the  Italian 
language  in  certain  public  high  schools  in  certain  cases). 

Sect.  13B  added,  1939,  311  (relative  to  the  teaching  of  modern  lan- 
guages in  certain  public  high  schools). 

Sect.  19  amended,  1939,  461  §  1. 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth). 
(See  1935,  370  §§  2,  2A,  3.) 

Sect.  34  revised,  1939,  294. 

Sect.  42  revised,  1934,  123. 

Sect.  46A  amended,  1932,  159. 

Sect.  47  revised,  1935,  199. 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  54  amended,  1938,  265  §  1. 

Sect.  55  revised,  1938,  265  §  2. 

Sect.  55A  added,  1938,  265  §  3  (relative  to  the  disposition  of  children 
showing  signs  of  ill  health  or  of  being  infected  with  a  dangerous  disease). 

Sect.  56  revised,  1938,  265  §  4. 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287. 

Sect.  66,  paragraph  added  at  end,  1937,  281. 

Sect.  68  revised,  1934,  97  §  1.     (See  1934,  97  §  2.) 

Sect.  69  revised,  1935,  258. 

Sect.  71  amended,  1935,  193. 

Chapter  72.  —  School  Registers  and  Returns. 

Sect.  3,  paragraph  in  lines  6-10  revised,  1939,  461  §  2. 


Chapter  73.  —  State  Teachers  Colleges  (former  title,  State  Normal  Schools). 

Title  changed,  1932,  127  §  9. 
Sect.  1  amended,  1932,  127  §  10. 
Sect.  2  amended,  1932,  127  §  11. 


874  Changes  in  the  [Chaps.  74-77. 

Sect.  2A  added,  1938,  246  §  2  (making  the  constitutions  of  the 
United  States  and  of  this  Commonwealth  required  subjects  of  instruc- 
tion in  State  Teachers  Colleges). 

Sect.  3  amended,  1932,  127  §  12. 

Sect.  4  amended,  1932,  127  §  13. 

Sect.  4A  amended,  1932,  127  §  14. 

Sect.  5  amended,  1932,  127  §  15.  (Temporarily  affected,  1933,  233; 
1934,  130;   1935,  277.) 

Sect.  6  amended,  1932,  127  §  16. 

Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21. 

Chapter  74.  —  Vocational  Education. 

Sect.  1  revised,  1938,  446  §  1.     (See  1938,  446  §  14.) 

Sect.  2  amended,  1938,  446  §  2.     (See  1938,  446  §  14.) 

Sect.  3  amended,  1938,  446  §  3.     (See  1938,  446  §  14.) 

Sect.  4  amended,  1938,  446  §  4.     (See  1938,  446  §  14.) 

Sect.  6  amended,  1938,  446  §  5.     (See  1938,  446  §  14.) 

Sect.  7  amended,  1938,  446  §  6.     (See  1938,  446  §  14.) 

Sect.  8A  revised,  1937,  323;  paragraph  added  at  end,  1939,  308. 

Sect.  9  amended,  1938,  446  §  7.     (See  1938,  446  §  14.) 

Sect.  11  amended,  1933,  102  §  2.     (See  1933,  102  §  4.) 

Sect.  13  amended,  1938,  446  §  8.     (See  1938,  446  §  14.) 

Sect.  19  revised,  1938,  446  §  9.     (See  1938,  446  §  14.) 

Sect.  21  amended,  1938,  446  §  10.     (See  1938,  446  §  14.) 

Sect.  22  amended,  1938,  446  §  11.     (See  1938,  446  §  14.) 

Sect.  22A  amended,  1938,  446  §  12.     (See  1938,  446  §  14.) 

Sect.  23  repealed,  1933,  102  §  3.     (See  1933,  102  §  4.) 

Sect.  28  revised,  1939,  501  §  6. 

Sect,  30  amended,  1937,  41. 

Sect.  31 A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 

county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 

attending  said  school). 

Sect.  47E,  new  paragraph  added  at  end,  1935,  22. 

Chapter  75.  —  Massachusetts  State  College. 

Sect.  5  revised,  1935,  288. 

Sect.  5A  added,  1939,  329  (authorizing  the  trustees  of  Massachusetts 
State  College  to  retain  and  manage  in  a  revolving  fund  receipts  from 
student  activities). 

Sect.  6  amended,  1935,  462  §  2.    (See  1935,  462  §  1.) 

Chapter  76.  —  School  Attendance. 

Sect.  1  revised,  1939,  461  §  3. 
Sects.  7-10.     See  1939,  454  §  21. 
Sect.  15  revised,  1938,  265  §  5. 

Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

For  legislation  requiring  the  closing  of   the  Norfolk,  Bristol   and 
Plymouth  union  training  school,  see  1933,  295  §  2. 
Sect.  1  revised,  1933,  295  §  1. 


Chaps.  78-82.]  GENERAL   LaWS.  875 


Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 

Chapter  79.  —  Eminent  Domain. 

Sect.  3,  first  paragraph  amended,  1938,  172  §  6. 
Sect.  8  amended,  1936,  187  §  1. 
Sect.  9,  last  sentence  amended,  1938,  172  §  7. 
Sect.  15  repealed,  1936,  385  §  1.     (See  1936,  385  §  2.) 
Sect.  16  amended,  1936,  187  §  2;   1938,  185. 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;  amended,  1936,  137. 

Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect,  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board 
of  officers  to  take  action  upon  a  petition  for  abatement  of  a  better- 
ment assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to 
refusal  to  abate  the  assessment),     (See  1933,  157  §  3.) 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1; 
last  sentence  stricken  out  and  new  paragraph  added,  1938,  489  §  1. 
(See  1933,  254  §  66;  1934,  315  §  3.) 

Chapter  81.  —  State  Highways. 

Sect.  5  revised,  1937,  218  §  1. 

Sect,  7 A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  public  works  with  respect  to  certain  ways  connecting  with 
state  highways). 

Sect.  8  revised.  1936,  371 ;   amended,  1937,  218  §  2. 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  public 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect,  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect,  26  amended,  1934,  366, 

Sect,  27  amended,  1939,  224, 

Chapter  82.  —  The  Laying  Out,  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect,  7  amended,  1933,  283  §  2, 

Sect.  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  altering  or  relocating  of  pubhc  ways). 

Sect.  34  amended,  1935,  309. 


876  Changes  in  the  [Chaps.  84-90. 


Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  18  revised,  1933,  114  §  1. 

Sect.  19  amended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3;  amended,  1939,  147. 

Sect.  25.     Temporarily  affected,  1934,  163. 

Chapter   85.  —  Regulations   and   By-Laws   relative    to   Ways   and    Bridges. 

Sect.  14B  added,  1938,  432  (requiring  the  use  of  certain  signal  lights 
at  locations  on  unlighted  ways  where  certain  vehicles  are  disabled). 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof). 

Sect.  30  amended,  1935,  30;   1938,  171  §  1. 

Sect.  31  revised,  1938,  171  §  2. 

Chapter  89  —  Law  of  the  Road. 

Sect.  2  revised,  1933,  301. 
Sect.  5  amended,  1936,  49.     (See  1938,  149.) 

Sect.  7B  added,  1934,  382  (relative  to  the  application  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 

Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

Sect.  1,  paragraph  (defining  "heavy  duty  platform  trailer")  added, 
1939,  354  §  1;  paragraph  (defining  "motor  vehicles")  amended,  1932, 
182;  1938,  36;  paragraph  in  lines  41-45  (defining  "register  number")  re- 
vised, 1935,  43;  two  paragraphs  (defining  "semi-trailer"  and  "semi- 
trailer unit")  added,  1933,  332  §  1;  paragraph  (defining  "school  bus") 
added,  1932,  271  §  1;  paragraph  in  fines  52-56  stricken  out,  and  two 
paragraphs  (defining  "tractor"  and  "trailer")  inserted,  1933,  332  §  2; 
paragraph  (defining  "trailer")  amended,  1939,  354  §  2.  (See  1932,  271 
§7;   1933,332  §5.) 

Sect.  1A  amended,  1933,  372  §  3;   1934,  264  §  2. 

Sect.  2,  fourth  paragraph  revised,  1932,  5;  seventh  paragraph  re- 
vised, 1939,  436  §  1;  last  paragraph  revised,  1933,  54. 

Sect.  3,  first  sentence  revised,  1933,  188;  section  revised,  1939,  325. 

Sect.  3C  revised,  1937,  387. 

Sect.  6,  first  sentence  revised,  1939,  436  §  2. 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 
1933,  109;  sentence  added  after  fourth  sentence,  1939,  153.  (See  1932, 
123  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.    (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).    (See  1932,  271  §  7.) 

Sect.  8  amended,  1934,  103;  1937,  284. 

Sect.  9  amended,  1934,  361. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1.  (See  1932,  168 
§§2,3;   1935,393  §2.) 

Sect.  10  amended,  1935,  219. 

Sect.  14  amended,  1938,  166. 


Chap.  90.]  GENERAL   LawS.  877 

Sect.  15  amended,  1932,  271  §  5;  1933,  26  §  1.    (See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4.    (See  1932,  271  §  7.) 

Sect.  19,  last  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465);  amended,  1936,  388  §  1.  (See 
1933,  332  §  5;   1935,  223  §  2;   1936,  388  §  2.) 

Sect.  20A  added,  1934,  368  §  1  (providing  for  the  non-criminal  dis- 
position of  charges  for  violation  of  motor  vehicle  parking  rules,  regula- 
tions, orders,  ordinances  and  by-laws);  revised,  1935,  176;  first  para- 
graph revised,  1938,  201.    (See  1934,  368  §  2.) 

Sect.  21  amended,  1936,  406. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  licenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 

Sect.  23,  new  paragraph  added  at  end,  1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  lines  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1;  paragraph 
(1)  (a)  amended,  1938,  145;  paragraph  (1)  (c)  revised  1939,  82;  para- 
graph (2)  (a)  amended,  1937,  230  §  1;  paragraph  (2)  (c)  amended,  1937, 
117.    (See  1937,  230  §  2.) 

Sect.  29,  last  sentence  amended,  1932,  26  §  2;    section  amended, 

1935,  477  §  1;   second  sentence  revised,  1936,  391;   last  two  sentences 
revised,  1938,  146. 

Sect.  32B  repealed,  1934,  209  §  2.  (See  1934,  209  §  3.) 
Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).  (See  1934,  209  §  3.) 
Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1;  fourth  paragraph  (as  appearing  in  1932,  249  §  1) 
amended,  1933,  183  §  1;  paragraph  in  lines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1 ;  the  paragraph  so  inserted  amended,  1936,  380 
§  1;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised, 
1937,  377;  subdivision  (3)  of  said  paragraph  amended,  1938,  430;  sub- 
division (4)  of  said  paragraph  amended,  1939,  354  §  3;  subdivision  (6) 
of  said  paragraph  amended,  1939,  354  §  4;  last  paragraph  amended, 

1936,  401.    (See  1932,  249  §  2;   1933,  183  §  2,  332  §  5;    1935,  409  §  2; 
1936,  380  §  2.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1.     (See  1934,  364  §  3.) 

Sect.  34A,  new  paragraph  (defining  "guest  occupant")  added,  1935, 
459  §  1;  paragraphs  defining  "motor  vehicle  liability  bond"  and 
"motor  vehicle  liability  pohcy"  revised,  1935,  459  §  2.  (See  1935, 
459  §  5.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2.     (See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13. 

Sect.  34D  revised,  1935,  459  §  3.     (See  1935,  459  §  5.) 

Sect.  34H,  first  paragraph  amended,  1933,  119  §  4;  new  paragraph 
inserted,  1933,  119  §  5.     (See  1933,  119  §  6.) 


878  Changes  in  the  [Chaps.  91,  92. 

Sects.  35-60  stricken  out,  and  new  sections  35-50  (uniform  aero- 
nautical code)  inserted,  1935,  418  §  2* 

Sect.  36  revised,  1938,  417  §  1.* 

Sect.  37  revised,  1938,  417  §  2* 

Sect.  38  revised,  1938,  417  §  3.* 

Sect.  39  revised,  1938,  417  §  4.* 

Sect.  40  revised,  1938,  417  §  5.* 

Sect.  41  revised,  1938,  417  §  6.* 

Sect.  42  revised,  1938,  417  §  7.* 

Sect.  43  revised,  1938,  417  §  8.* 

Sect.  43 A  added,  1938,  417  §  9  (relative  to  the  powers  and  duties  of 
police  and  certain  other  officers  as  to  aircraft  accidents  and  violations 
of  the  laws,  rules  and  regulations  relative  to  aircraft).* 

Sect.  44  revised,  1938,  417  §  10.* 

Sect.  45  revised,  1938,  417  §  11.* 

Sect.  46  revised,  1938,  417  §  12.* 

Sects.  35-43  and  44-50,  inc.  (inserted  by  1935,  418  §  2,  as  amended) 
and  sect.  43A  (inserted  by  1938,  417  §  9)  stricken  out  and  new  sec- 
tions 35-52  inserted,  1939,  393  §  3  (further  revising  the  laws  relative  to 
aviation).     (See  1939,  393  §§  4-6.) 

Sect.  53,  last  sentence  amended,  1932,  180  §  14.  Section  stricken 
out,  1935,  418  §  2,  see  supra. 

Chapter  91. — Waterways. 

Sect.  9A  added,  1938,  407  §  2  (providing  a  method  for  the  develop- 
ment of  waterfront  terminal  facilities). 

Sect.  12A  added,  1939,  513  §  6  (licensing  and  otherwise  regulating 
structures,  filling  and  excavations  in  certain  rivers  and  streams). 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2. 

Sect.  46A  added,  1935,  362  §  1  (penaUzing  the  unlicensed  breaking 
up  or  altering  of  vessels,  scows,  Hghters  or  certain  other  structures). 

Sect.  49  revised,  1935,  362  §  2. 


Chapter  92.  —  Metropolitan  Sewers,  Water  and  Parks. 

For  legislation  including  a  certain  portion  of  Lexington  in  the  north 
metropolitan  sewerage  system,  see  1934,  225. 

Sect.  48  amended,  1934,  266  §  1.     (See  1934,  266  §  4.) 

Sect.  56  revised,  1933,  197  §  1;  sentence  added  at  end,  1939,  429 
§  1.    (See  1939,  429  §§  2,  4.) 

Sect.  57  amended,  1933.  197  §  2. 

Sect.  60  revised,  1939,  429  §  3.    (See  1939,  429  §  4.) 

Sect.  60A  added,  1937,  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropoHtan  district  commission  and 
metropolitan  district  water  supply  commission).     (See  1937,  352  §  2.) 

Sect.  62  revised,  1938,  396. 

Sect.  62 A  added,  1937,  416  §  1  (providing  for  a  reserve  poHce  force 
for  the  metropolitan  district  commission);  revised,  1939,  441  §  1.  (See 
1939,  441  §  5.)    (See  1937,  416  §  5;  repealed  1939,  441  §  3.) 

*  See  later  amendments  to  sections  35-50,  inclusive. 


Chaps.  93,  94.]  GENERAL  LaWS.  879 

Sect.  63  repealed,  1937,  416  §  2.    (See  1937,  416  §  5;   repealed  1939, 
441  §  3.) 

Sect.  93  amended,  1934,  266  §  2.  (See  1934,  266  §  4.) 
Sect.  94  amended,  1934,  266  §  3.  (See  1934,  266  §  4.) 
Sect.  100  revised,  1939,  499  §  7. 


Chapter  93. — Regulation  of  Trade  and  Certain  Enterprises. 

Sect.  8,  sentence  added  at  end,  1938,  410  §  2. 

Sects.  14A-14D  added,  under  heading  ''fair  trade",  1937,  398 
(protecting  trade-mark  owners,  distributors  and  the  pubUc  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of 
standard  quaUty  under  a  trade  mark,  brand  or  name). 

Sect.  14A  amended,  1939,  231. 

Sect.  14B  amended,  1939,  313. 

Sects.  14E-14K  added,  under  heading  "unfair  sales",  1938, 
410  §  1  (defining  and  prohibiting  unfair  sales  practices,  with  a  view  to 
preventing  the  advertising  or  offering  for  sale,  or  the  selhng  below  cost, 
of  merchandise  for  the  purpose  of  injuring  competitors  or  destroying 
competition). 

Sect.  14E  paragraphs  (a)  and  (6)  amended,  1939, 189  §  1;  paragraph 
(h)  added  at  end,  1939,  189  §  2. 

Caption  immediately  preceding  section  21  amended,  1939,  343  §  3. 

Sect.  21  amended,  1939,  343  §  1. 

Sect.  22  amended,  1939,  343  §  2. 

Sects.  28A-28D  added,  under  heading  "regulating  closing  out 
sales,  so  called,  and  similar  types  of  sales",  1938,  165. 

Sect.  28A  revised,  1939,  207. 

Chapter  94.  —  Inspection  and  Sale  of  Food,   Drugs  and  Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933, 
338  §  1;  paragraph  in  fines  30-36  (defining  "butter"  and  "cheese") 
stricken  out  and  new  paragraph  defining  "butter"  inserted,  1937,  335 
§  1;  paragraph  in  line  40  reading,  "cheese",  see  "butter",  stricken 
out  and  four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese 
and  cream  cheese);  paragraph  (defining  "bakery")  amended,  1937, 
362  §  1;  paragraphs  in  fines  148-164  (defining  "agricultural  seeds"  or 
"agricultural  seed",  "noxious  weed  seeds"  and  "weed  seeds")  revised 
and  definition  of  "vegetable  seeds"  added,  1938,  363  §  1;  paragraph 
in  lines  177-181  revised,  1939,  196  §  1.    (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.     (See  1937,  362  §  7.) 

Sect.  8  revised,  1937,  53. 

Sect.  9  amended,  1939,  261  §  6. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  Ill  §§  34-43,  46-49,  repealed  by 
1937,  362  §  6.)    (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.     (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG   (regu- 


880  Changes  in  the  [Chap.  94. 

lating  the  manufacture,  bottling  and  sale  of  certain  non-alcoholic 
beverages)  inserted,  1935,  441. 

Sects.  12-48A.  For  temporary  legislation  establishing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  1934,  376;  term  of  office  of  said  board  extended,  1936, 
300;  1938,  334;  1939,  413;  powers  and  duties  of  the  milk  control  board 
further  defined,  1937,  428;  1938,  279;  1939,  302. 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  produc- 
tion, sale  and  distribution  of  milk)  inserted,  1932,  305  §  3.  (See  1932, 
305  §§  5,  6.) 

Sect.  17A  amended,  1933,  124. 

Sect.  18  revised,  1933,  263  §  2.     (See  1933,  263  §  3.) 

Sect.  20  revised,  1939,  212. 

Sect.  29A  revised,  1933,  253. 

Sect.  30  revised,  1933,  253. 

Sect.  31  revised,  1933,  253. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  Hcensed  and  bonded)  inserted,  1933,  338  §  2; 
affected,  1939,  421. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934,  180  §  1. 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended,  1936,  210.    (See  1932,  305  §§  5,  6.) 

Sect.  45  revised,  1935,  317. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  48C  added,  1939,  317  (regulating  the  manufacture,  sale  and 
delivery  of  certain  milk  beverages,  so  called). 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61A  added,  1937,  335  §  4  (relative  to  the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65 J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937.  341  §  2. 

Sect.  65P,  paragraph  (/)  added  at  end,  1937,  341  §  3. 

Sect.  74  revised,  1933,  329  §  5. 

Sect.  74A  added,  1933,  329  §  6  (definition  of  "fish"). 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8. 

Sect.  77A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish) . 

Sect.  78  revised,  1933,  329  §  9. 

Sect.  78A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters). 


Chap.  94.]  GENERAL   LaWS.  881 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  81  revised,  1933,  329  §  11 ;  1939,  491  §  10.    (See  1939,  491  §  12.) 

Sect.  83  revised,  1933,  329  §  12. 

Sect.  85  amended,  1939,  261  §  7. 

Sect.  88A  revised,  1933,  329  §  13. 

Sect.  88B  added,  1936,  176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 

Sect.  90B  added,  1938,  404  (establishing  standard  sizes  in  connec- 
tion with  the  sale  and  distribution  of  eggs). 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  by  weight) . 

Sect.  98  amended,  1939,  261  §  8. 

Sect.  99A  amended,  1939,  261  §  9. 

Sect.  123  amended,  1932,  180  §  15. 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6.  (See  1934,  340 
§18.) 

Sect,  148,  second  paragraph  amended,  1934,  340  §  6A.  (See  1934, 
340  §  18.) 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 

Sect.  152A  amended,  1935,  157  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  153 A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives);    revised,  1933,  311. 

Sect.  172  revised,  1939,  122. 

Sect.  181  amended,  1939,  261  §  10. 

Sect.  182  amended,  1939,  261  §  11. 

Sect.  184  amended,  1939,  261  §  12. 

Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  197,  paragraph  in  lines  10-15  revised,  1935,  412  §  1. 

Sect.  198  amended,  1935,  412  §  2. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  Hcensing 
of  certain  dealings  in  narcotic  drugs). 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 

Sect.  206  amended,  1935,  412  §  6. 

Sect.  211  amended,  1935,  412  §  7;  revised,  1938,  321  §  1. 

Sect.  212  amended,  1938,  321  §  2. 

Sect.  212A  added,  1938,  321  §  3  (providing  for  the  arrest  without 
a  warrant  and  punishment  of  a  person  present  where  a  narcotic  drug 
is  unlawfully  kept  or  deposited). 

Sect.  214  amended,  1935,  412  §  8. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  225,  paragraph  added  at  end,  1939,  69. 

Sect.  239A  amended,  1939,  261  §  13. 

Sect.  245  revised,  1933,  94  §  2;  amended,  1939,  261  §  13A. 

Sect.  248  amended,  1934,  184;  1939,  261  §  14. 

Sect.  249A  amended,  1939,  261  §  15. 

Sect.  249B  amended,  1939,  261  §  16. 

Sect.  249F  amended,  1939,  261  §  17. 


882  Changes  in  the  [Chap.  94. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction) ;  amended,  1939,  261  §  17A. 

Sect.  250  revised,  1933,  67  §  6. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12. 

Sect.  261 A  amended,  1938,  363  §  2. 

Sect.  261B  amended,  1938,  363  §  3. 

Sect.  261C  revised,  1938,  363  §  4. 

Sect.  261D  revised,  1938,  363  §  5. 

Sect.  26 IE,  paragraph  added  at  end,  1938,  363  §  6. 

Sects.  261H-261L  stricken  out,  and  new  sections  261H-261L  in- 
serted, 1937,  288  §  1.    (See  1937,  288  §  2.) 

Sect.  261H,  paragraph  added  at  end,  1938,  363  §  7. 

Sect.  261K  amended,  1938,  363  §  8. 

Sect.  26  1L  revised,  1938,  363  §  9. 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  sterihza- 
tion  of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  270C  added,  1939,  196  §  2  (relative  to  the  marking  of  certain 
articles  of  bedding  and  upholstered  furniture  consisting  in  whole  or  in 
part  of  second-hand  metal). 

Sect.  270D  added,  1939,  351  (further  regulating  the  sale  within  the 
commonwealth  of  articles  of  bedding  and  upholstered  furniture). 

Sect.  276  amended,  1939,  196  §  3. 

Sect.  283  amended,  1939,  261  §  17B. 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoline,  lubricating  oils  and  other  motor  fuels,  and  to  prevention 
of  the  adulteration  thereof). 

Sects.  295B  and  295C  added,  1938,  411  (prohibiting  and  penaHzing 
the  use  of  misleading  signs  relating  to  the  price  of  gasoline  and  other 
motor  fuel). 

Sect.  295C  revised,  1939,  218. 

Sects.  295A-295C  stricken  out,  and  new  sections  295A-2950  in- 
serted, 1939,  459  §  1  (further  regulating  the  advertising  and  sale  of 
motor  fuel  at  retail).     (See  1939,  459  §  3.) 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl  or  wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303 A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 

Sect.  303C  revised,  1937,  177  §  2. 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils). 

Sect.  305A  amended,  1937,  362  §  5.    (See  1937,  362  §  7.) 


Chaps.  95-102.]  GENERAL   LawS.  883 

Chapter  95.  —  Measuring  of  Leather. 

Sect.  1  amended,  1939,  261  §  18. 

Chapter  98.  —  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  19. 

Sect.  14A  amended,  1936,  73. 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  22  amended,  1939,  261  §  19A. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  37  amended,  1936,  72. 

Sect.  56,  paragraph  (6J^)  added,  1934,  98  (establishing  fees  for  seal- 
ing certain  liquid-measuring  meters);  section  revised,  1937,  74;  para- 
graph (63^)  added,  1937,  305  §  1.    (See  1937,  305  §  2.) 

Chapter  99.  —  The  Metric  System  of  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  20. 
Sect.  3  amended,  1939,  261  §  21. 
Sect.  4  amended,  1939,  261  §  22. 

Chapter   100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  14  revised,  1932,  156  §  2. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 

Chapter  101.  —  Transient  Vendors,  Hawkers  and  Pedlers. 

Sect.  1,  second  paragraph  revised,  1936,  218. 

Sect.  3  amended,  1939,  261  §  23. 

Sect.  5  amended,  1938,  254  §  64.     (See  1933,  254  §  66.) 

Sect.  6A  added,  1938,  85  (providing  that  applications  for  transient 
vendors'  licenses  shall  contain  irrevocable  power  of  attorney  for  service 
of  process,  and  providing  for  service  of  process  under  authority  thereof). 

Sect.  15  amended,  1937,  214;  revised,  1937,  333. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;   1937,  73. 

Sect.  24  amended,  1936,  74. 

Sect.  30  amended,  1934,  77. 

Chapter  102.  —  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 
Sect.  17  revised,  1932,  57. 


884  Changes  in  the  [Chaps.  105-111. 


Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  liability  of  sureties  on  bonds  furnished  by  pubHc  warehousemen). 
(See  1935,  122  §  3.) 

Sect.  6  revised,  1935,  122  §  2.     (See  1935,  122  §  3.) 

Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 

Chapter  108A.  —  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 

Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  Thereof. 

Sect.  21  amended,  1934,  373  §  5. 

Chapter  llOA.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  inserted,  1932,  290  §  1.  (See  1932, 
290  §§  3,  4.) 

The  following  references  are  to  the  new  chapter  llOA: 

Sect.  2,  paragraph  (a)  revised,  1939,  442  §  4;  paragraph  (c)  amended, 

1936,  316;   1938,  445  §  2;  paragraph  (/)  revised,  1938,  445  §  3. 
Sect.  4,  paragraph  (g)  revised,  1938,  445  §  4;   paragraph  (j)  added, 

1938,  445  §  5. 

Sect.  5,  paragraph  inserted  before  the  last  paragraph,  1938,  445  §  6. 

Sect.«9,  last  sentence  stricken  out,  1938,  445  §  7. 

Sect.  10,  fourth  sentence  stricken  out  and  two  new  sentences  in- 
serted, 1938,  445  §  8. 

Sect.  IIA  added,  1938,  445  §  9  (regulating  the  sale  by  a  corporation 
of  its  securities  to  employees).  [For  prior  legislation,  see  General  Laws, 
chapter  155  §  23A,  repealed  by  1938,  440  §  13.] 

Sect.  12  revised,  1938,  445  §  10;  last  paragraph  amended,  1939, 
442  §  5. 

Sect.  12A  added,  1938,  445  §  11  (relative  to  the  modifying  or  annul- 
ling by  the  commission  of  orders  or  findings  made  by  the  director  of  the 
securities  division  and  to  review  of  such  action);  repealed,  1939,  442  §  6. 

Sect.  13  amended,  1936,  68. 

Sect.  18  revised,  1938,  445  §  12. 

Chapter  111. —  Public  Health. 

Sect.  1,  paragraph  added  at  end,  1938,  265  §  6. 

Sect.  6  revised,  1938,  265  §  7. 

Sect.  11  revised,  1934,  328  §  1. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  24  amended,  1937,  365;  revised,  1939,  234. 

Sect.  27A  revised,  1932,  209. 

Sect.  31  amended,  1937,  285. 

Sect.  31A  stricken  out,  and  new  sections  31A  and  31B  inserted, 

1937,  282. 


Chap.  111.]  GENERAL   LawS.  885 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34, 
repealed,  1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  65A  amended,  1936,  346  §  1.     (See  1936,  346  §  2.) 

Sect.  66  amended,  1934,  219.     (See  1936,  346  §  2.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 

PREMATURELY  BORN",   1937,  332. 

Sect.  67A  revised,  1939,  246  §  1. 

Sect.  67C  revised,  1939,  246  §  2. 

Sect.  69A  amended,  1936,  337  §  1. 

Sect.  69C  amended,  1936,  337  §  2. 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  Win- 
throp),  1934,  78. 

Sect.  78.     See  1935,  52. 

Sect.  79  revised,  1936,  343. 

Sect.  83 A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the 
operation  of  vehicles  owned  by  such  districts);  amended,  1934,  291 
§  5.     (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  85A  revised,  1932,  65. 

Sect.  96  revised,  1938,  265  §  8. 

Sect.  96A  added,  1938,  265  §  9  (regulating  the  transportation  to  an- 
other town  of  a  person  infected  with  a  disease  dangerous  to  public 
health). 

Sect.  97  revised,  1938,  265  §  10. 

Sect.  104  revised,  1938,  265  §  11. 

Sect.  107  revised,  1938,  265  §  12. 

Sect.  109  revised,  1938,  265  §  13. 

Sect.  109A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth). 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 

Sect.  Ill  revised,  1938,  265  §  14. 

Sect.  112  amended,  1938,  265  §  15. 

Sect.  113  revised,  1938,  265  §  16. 

Sect.  116.     See  1939,  454  §  21. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 

Sect.  117  revised,  1935,  155;   1937,  391. 

Sect.  118  amended,  1933,  44. 

Sect.  121A  added,  1939,  407  (requiring  a  serological  test  for  syphilis 
of  pregnant  women). 

Sect.  127  revised,  1937,  339. 

Sect.  141  revised,  1937,  278. 

Sect.  143  revised,  1933,  269  §  2. 

Sect.  154  amended,  1934,  340  §  9.     (See  1934,  340  §  18.) 

Sect.  173A  added,  1938,  293  (extending  the  jurisdiction  of  certain 
police  officers  employed  to  protect  public  sources  of  water  supply  from 
pollution). 

Sects.  176-180  repealed,  1938,  265  §  17. 


886  Changes  in  the  [Chap.  112. 

Sect.  184A  added,  1939,  344  (authorizing  the  state  department  of 
public  health  to  issue  certificates  of  approval  relative  to  bacteriological 
laboratories) . 

Chapter  112.  —  Registration  of  Certain  Professions  and  Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;  three 
paragraphs  added  at  end  of  section,  1936,  247  §  2;   section  amended, 

1938,  210;  paragraph  added  at  end,  1939,  415  §  1;  section  revised,  1939, 
451  §  37.    Affected,  1938,  259.    (See  1933,  171  §  2;   1936,  247  §§  3-6; 

1939,  415  §§  3,  4.) 

Sect.  5  revised,  1937,  425  §  12.    (See  1937,  425  §  15.) 

Sect.  9  revised,  1933,  152. 

Sect.  13  amended,  1937,  425  §  2.    (See  1937,  425  §  15.) 

Sect.  14  amended,  1937,  425  §  3.    (See  1937,  425  §  15.) 

Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 

Sect.  16  revised,  1937,  425  §  5.     (See  1937,  425  §  15.) 

Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 

Sect.  17A  added,  1937,  425  §  7  [defining  certain  duties  of  the  board 

of  registration  in  chiropody  (podiatry)].     (See  1937,  425  §  15.) 
Sect.  18  amended,  1937,  425  §  8.    (See  1937,  425  §  15.) 
Sect.  19  amended,  1937,  425  §  9.     (See  1937,  425  §  15.) 
Sect.  20  amended,  1937,  425  §  10.    (See  1937,  425  §  15.) 
Sect.  21  amended,  1937,  425  §  11.    (See  1937,  425  §  15.) 
Sect.  23  repealed,  1937,  425  §  13.    (See  1937,  425  §  15.) 
Sect.  24  amended,  1932,  227;  1933,  126;  1937,  343  §  1. 
Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 
Sect.  30  amended,  1937,  343  §  3. 
Sect.  32  amended,  1934,  328  §  3. 
Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;  1935,  306;  1937,  343  §  4. 
Sect.  36  revised,  1934,  328  §  6. 
Sect.  38  revised,  1934,  236. 
Sect.  39  amended,  1939,  138. 
Sect.  40  amended,  1934,  328  §  6A;  1937,  343  §  5. 
Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 

and  pharmacy). 
Sect.  45,  second  sentence  amended,  1932,  180  §  18;  paragraph  added 

at  end,  1939,  415  §  2.     (See  1939,  415  §  3.) 
Sect.  46,  clause  Third  amended,  1934,  108. 
Sect.  50  amended,  1935,  344. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hygienists) . 
Sect.  52A  revised,  1937,  253. 
Sect.  55  amended,  1937,  66;    revised,  1939,  251  §  1.     (See  1939, 

251  §§  2,  3,  4.) 

Sects.  66-73  stricken  out,  and  new  sections  66-73  inserted,  1934, 

339  §  2. 

Sect*  72  amended,  1938,  434  §  1.  (See  1938,  434  §  4.) 
Sect.  73  amended,  1938,  434  §  2.  (See  1938,  434  §  4.) 
Sect.  73A  added,  1937,  287  §  1  (regulating  advertising  in  connection 

with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).     (See  1937,  287 

§2.) 


Chaps.  114,  115.]  GENERAL  LaWS.  887 

Sect.  73B  added,  1938,  434  §  3  (further  regulating  optometrists  with 
respect  to  premises  where  practice  may  be  carried  on  and  to  the  sharing 
of.  their  fees).    (See  1938,  434  §  4.) 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
BALMERS  AND  FUNERAL  DIRECTORS",  1936,  407  §  3.  (See  1936,  407, 
§§  5-8.) 

Sect.  82,  definition  of  "Funeral  directing",  revised,  1939,  160  §  1. 

Sect.  83,  third  paragraph  amended,  1939,  160  §  4. 

Sect.  87  amended,  1937,  13;   1939,  160  §  2. 

Sects.  87F-87S.     See  1937,  184. 

Sect.  87F,  paragraph  contained  in  lines  4-9  revised,  1934,  260  §  1. 

Sect.  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;  second  paragraph  amended,  1937,  94. 

Sect.  871  amended,  1936,  314  §  2. 

Sect.  87K,  paragraph  added  at  end,  1936,  314  §  3. 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.     (See  1933,  149  §  3.) 

Sect.  87P  amended,  1934,  260  §  3. 

Sect.  87R  amended,  1936,  314  §  5. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair- 
dressers", 1935,  428  §  2.     (See  1935,  428  §§  6,  7.) 

Sect.  87U  amended,  1937,  385  §  2. 

Sect.  87V  amended,  1937,  385  §  3. 

Sect  87W  amended,  1937,  385  §  4. 

Sect.  87Z  amended,  1937,  385  §  5. 

Sect.  87BB  amended,  1937,  385  §  6. 

Sect.  87EE  revised,  1937,  385  §  7. 

Sect.  87II  amended,  1937,  385  §  8. 

Chapter  114.  —  Cemeteries  and  Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 

Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 

Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 

Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 

Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 

Sect.  25  amended,  1934,  85  §  1.     (See  1934,  85  §  2.) 

Sects.  43A-43N  added,  under  caption  "miscellaneous  provisions", 

1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 

cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 

(See  1936,  319  §  7.) 
Sect.  49  revised,  1936,  407  §  4;  last  paragraph  amended,  1939,  160 

§  3.     (See  1936,  407  §§  5-8.) 

Chapter  115.  —  State  and  Military  Aid,  Soldiers'  Relief,  etc. 

Sect.  2A  added,  1932,  113  (requiring  the  furnishing  of  information 
to  the  commissioner  of  state  aid  and  pensions  by  certain  banks  and 
other  depositories  relative  to  certain  deposits  therein). 

Sect.  7  amended,  1937,  273  §  1;  revised,  1938,  316  §  1. 

Sect.  12A  added,  1933,  363  (making  certain  Massachusetts  veterans 
receiving  hospital  treatment  outside  the  commonwealth  eligible  to 
receive  military  aid). 


888  Changes  in  the  [Chaps.  116-118. 

Sect.  15  amended,  1932,  106. 

Sect.  17,  first  paragraph  amended,  1936,  77,  1939,  295;  paragraph 
added,  1932,  63. 

Sect,  18,  sentence  added  at  end  of  first  paragraph,  1933,  323;  para- 
graph added  at  end,  1932,  270. 

Sect.  19  amended,  1932,  250;  1934,  336  §  1;  1937,  273  §  2;  revised, 
1938,  316  §  2. 

Sect.  20  amended,  1932,  251;   1934,  336  §  2. 

Chapter  116.  —  Settlement. 

Sect.  2  revised,  1933,  213. 

Chapter  117.  —  Support  by  Cities  and  Towns. 

Sect.  1  amended,  1934,  124. 

Sect.  2A  added,  1933,  181  (authorizing  local  boards  of  pubhc  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  pub- 
lic view  while  applying  for  public  relief  and  support). 

Sect.  3B  added,  1939,  127  (prohibiting  local  boards  of  public  welfare 
from  making  the  institution  of  ejectment  proceedings  a  prerequisite  to 
the  payment  by  them  of  rent  owed  for  dwellings  by  certain  persons  on 
welfare  relief). 

Sect.  5  amended,  1937,  125. 

Sect.  6  revised,  1936,  108. 

Sect.  6A  added,  1938,  211  (preventing  discrimination  against  cer- 
tain persons  with  respect  to  the  payment  of  welfare  relief). 

Sect.  14  revised,  1937,  113;  amended,  1938,  275;  1939,  39  §  1. 
(See  1939,  39  §  2.) 

Sect.  16  repealed,  1936,  328. 

Sect.  17  amended,  1939,  370.     (See  1939,  454  §  21.) 

Sect.  18  amended,  1934,  45;   1938,  425.     (See  1939,  454  §  21.) 

Sect.  18A  added,  1938,  465  (relative  to  the  payment  by  cities  and 
towns  of  the  expense  of  the  funeral  and  burial  of  certain  poor  and  in- 
digent persons). 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  24  revised,  1935,  164. 

Sect.  35  amended,  1932,  180  §  19. 

Sects.  44-46  added,  1938,  476  (authorizing  the  estabHshment  of  pub- 
He  welfare  districts  in  cities  and  towns). 

Chapter  118.  —  Aid  to  Dependent  Children  (former  title,  Aid  to  Mothers 
with  Dependent  Children). 

The  following  reference  is  to  chapter  118,  as  appearing  in  the  Tercente- 
nary Edition: 

Sect.  1  revised,  1935,  494  §  2.     (See  1935,  494  §  1.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1936, 
413  §  1.     (See  1936,  413  §  2.) 

The  following  references  are  to  chapter  118,  as  inserted  by  1936,  413  §  1: 

Sect.  1  amended,  1939,  487. 
Sect.  6.     See  1939,  454  §  21. 
Sect.  8  revised,  1939,  248. 


Chaps.  118A-121.]  GENERAL   LaWS.  889 


Chapter  118A. — Adequate  Assistance  to  Certain  Aged  Citizens. 

The  following  references  are  to  chapter  118A,  as  appearing  in  the 
Tercentenary   Edition: 

Sect.  1  amended,  1933,  219;  revised,  1933,  328;  amended,  1935, 
494  §  3.     (See  1934,  374  §  3  subsection  15;   1935,  494  §  1.) 

Sect.  2A  added,  1933,  285  (providing  for  appeals  by  persons 
aggrieved  by  failure  of  cities  and  towns  to  render  old  age  assistance). 

Sect.  3  revised,  1932,  259  §  3. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

Sect.  1  amended,  1937,  440  §  1;   last  sentence  amended,  1938,  274. 

Sect.  2  revised,  1937,  440  §  2. 

Sect.  3  revised,  1937,  440  §  3;  last  sentence  revised,  1938,  285;  sec- 
tion revised,  1939,  481. 

Sect.  4  amended,  1938,  467. 

Sect.  5  revised,  1938,  408. 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance). 

Sect.  8.     See  1939,  454  §  21. 

Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

For  temporary  legislation  creating  a  Welfare  Reimbursement  Fund 
to  be  used  in  part  for  reimbursement  of  expenditures  in  connection  with 
certain  children,  see  1939,  454  §  21. 

Sect.  12  revised,  1932,  180  §  20. 

Sect.  60  stricken  out  and  new  sections  60  and  60A  inserted,  1938, 
174  §  1  (relative  to  the  use  of  information  and  records  in  cases  of  way- 
wardness or  delinquency). 

Sect.  63  revised,  1932,  95  §  1. 

Sect.  65  amended,  1932,  95  §  2. 

Sect.  74  amended,  1933,  196  §  1. 

Sect.  75  amended,  1933,  196  §  2. 

Chapter  120.  — •  Massachusetts  Training  Schools. 

Sect.  21,  first  sentence  amended,  1932,  180  §  21. 


Chapter  121.  —  Powers  and  Duties  of  the  Department  of  Public  Welfare, 
and  the  Massachusetts  Hospital  School. 

Sect.  8A  added,  1935,  311  §  2  (relative  to  funds  received  by  the 
director  of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under 
the  care  and  supervision  of  the  department). 

Sect.  9A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons). 

Sect.  23  (and  caption)  amended,  1933,  364  §  2;  section  amended, 
1935,  449  §  2;  revised,  1935,  475  §  3.    (See  1933,  364  §  8.) 

Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds). 


890  Changes  in  the  [Chaps.  122,  123. 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of 
housing  to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate 
with  the  United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.     (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;  amended, 
1936,  211  §  6.     (See  1933,  364  §  8;   1936,  211  §  7.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)    (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935,  449  §  3. 

Sects.  26I-26BB,  under  caption  ''housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and 
discontinuance,  of  local  housing  authorities) ;  sections  26I-26BB  stricken 
out  and  new  sections  26I-26II  inserted,  1938,  484  §  1  (to  relate  the 
Massachusetts  Housing  Authority  Law  to  the  United  States  Housing 
Act  of  1937).    (See  1938,  484  §  2.) 

Sect.  26Q,  subsection  (c)  added,  1935,  485  §  2  (authorizing  local 
housing  authorities  to  take  land  by  eminent  domain  in  order  to  aid  or 
co-operate  with  the  United  States  with  respect  to  federal  housing 
projects). 

Sect.  26DD  revised,  1939,  26. 

Sect.  27  repealed,  1933,  364  §  7. 

Sect.  42  amended,  1932,  180  §  22. 


Chapter  122.  —  Tewksbury  State  Hospital  and  Infirmary  (former  title,  State 

Infirmary). 

Name  of  State  Infirmary  changed  to  Tewksbury  State  Hospital  and 
Infirmary,  1939,  272  §  1. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmary  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients). 

Sect.  6  amended,  1933,  345. 

Sect.  15  amended,  1936,  325. 

Sect.  18  amended,  1936,  378.     (See  1939,  454  §  21.) 


Chapter  123.  —  Commitment  and  Care  of  the   Insane  and  Other  Mental 
Defectives. 

For  legislation  relative  to  the  establishment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421;   1939,  485. 

Sect.  1,  definition  of  "commissioner"  and  "department"  revised, 
1938,  486  §  7.     (See  1938,  486  §§  1,  21,  22.) 

Sect.  4  revised,  1938,  486  §  8.    (See  1938,  486  §§  21,  22.) 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
state  hospitals). 

Sect.  13  revised,  1936,  286. 

Sect.  16  revised,  1938,  486  §  9;  amended,  1939,  500J§  1.  (See  1938, 
486  §§  21,  22.) 

Sect.  16A  amended,  1938,  486  §  10.     (See  1938,  486  §§  21,  22.) 

Sect.  19  repealed,  1935,  163. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4.    (See  1935,  421  §  6.) 


Chap.  124.]  GENERAL   LawS.  891 

Sect.  26  repealed,  1938,  486  §  11. 

Sect.  28  revised,  1938,  486  §  12.     (See  1938,  486  §§  20-22.) 

Sect.  29  revised,  1938,  486  §  13.     (See  1938,  486  §§  21,  22.) 

Sect.  30  revised,  1938,  486  §  14.     (See  1938,  486  §§  21,  22.) 

Sect.  31  revised,  1938,  486  §  15.     (See  1938,  486  §§  21,  22.) 

Sect.  32  revised,  1933,  115;  1938,  486  §  16.     (See  1938,  486  §§  21,  22.) 

Sect.  36  revised,  1939,  500  §  12. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1. 

Sect.  39A  amended,  1936,  291  §  2. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 
belongings  at  certain  state  hospitals,  known  as  "patients'  valuables"); 
revised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals);  revised,  1936,  291  §  4. 

Sect.  40  amended,  1939,  500  §  13. 

Sect.  43  repealed,  1939,  500  §  2. 

Sect.  45  amended,  1938,  486  §  17.    (See  1938,  486  §§21,  22.) 

Sect.  46  amended,  1938,  486  §  18.    (See  1938,  486  §§  21,  22.) 

Sect.  47  revised,  1938,  486  §  19.    (See  1938,  486  §§  21,  22.) 

Sect.  50  revised,  1935,  314  §  4. 

Sect.  52  amended,  1932,  85. 

Sect.  56  repealed,  1939,  500  §  4. 

Sect.  66,  paragraph  added  at  end,  1939,  500  §  6. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5;  section  revised, 
1939,  500  §  5. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  revised,  1935,  314  §  7;  section  revised,  1939, 
500  §  7. 

Sect.  80  amended,  1939,  500  §  8. 

Sect.  82  amended,  1939,  500  §  9. 

Sect.  86  amended,  1935,  314  §  8;  revised,  1939,  500  §  10. 

Sect.  87  amended,  1939,  500  §  11. 

Sect.  89B  amended,  1938,  254  §  1. 

Sect.  90,  first  sentence  amended,  1932,  180  §  23. 

Sect.  102  revised,  1934,  15;  paragraph  added  at  end,  1938,  226. 

Sect.  105  revised,  1936,  130;  last  paragraph  amended,  1939,  54. 

Sect.  110  amended,  1937,  136. 

Sect.  117A  added,  1936,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments 
for  defective  delinquents). 

Sect.  118  revised,  1938,  254  §  2. 

Sect.  119  revised,  1938,  254  §  3. 

Chapter  124.  —  Powers  and  Duties  of  the  Department  of  Correction. 

Sect.  1  amended,  1939,  451  §  38. 

Sect.  6  amended,  1936,  23  §  2;  1939,  451  §  39. 

Sect.  7  amended,  1939,  451  §  40. 

Sect.  8  amended,  1935,  48  §  1.  (See  1935,  48  §  2.) 


892  Changes  in  the  [Chaps.  125-127. 


Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  4  amended,  1932,  282  §  3. 

Sect.  4A  added,  1939,  360  §  1  (changing  the  minimum  age  require- 
ment for  appointment  of  correction  officers  at  certain  state  penal  and 
reformatory  institutions).     (See  1939,  238  §  50.) 

Sect.  10  revised,  1937,.  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1.     (See  1935,  437  §  8.) 

Sect.  13  amended,  1936,  276;   1939,  360  §  2. 

Sect.  30  amended,  1932,  180  §  24. 

Sect.  49  revised,  1936,  125. 

Chapter  126.  —  Jails,  Houses  of  Correction  and  Reformation,  and  County 
Industrial  Farms. 

Sect.  16  revised,  1937,  219  §  6. 
Sect.  37  amended,  1936,  228. 


Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 
Paroles  and  Pardons. 

For  legislation  providing  for  the  disposition  of  certain  prisoners 
confined  in  the  prison  camp  and  hospital  prior  to  its  discontinuance, 
see  1935,  111. 

Sect.  10  amended,  1936,  23  §  3. 

Sect.  14  amended,  1939,  200. 

Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1. 

Sect.  17  revised,  1933,  77  §  2. 

Sect.  18  amended,  1933,  77  §  3. 

Sect.  67A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 
goods).    (See  1932,  252  §  2.) 

Sect.  90A  revised,  1938,  65. 

Sects.  96A  and  96B  added,  1936,  383  (providing  for  the  disposition 
of  unclaimed  money  and  property  of  former  prisoners). 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison). 
(See  1935,  113  §  2.) 

Sect.  lllA  added,  1933,  169  (relative  to  transfers  of  defective  de- 
linquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  118  revised,  1938,  456. 

Sect.  127  amended,  1938,  71. 

Sect.  128  amended,  1939,  451  §  41. 

Sect.  129  revised,  1937,  399  §  2.     (See  1937,  399  §§  3-6.) 

Sect.  130  revised,  1938,  264  §  1.     (See  1938,  264  §  2.) 

Sect.  131  amended,  1939,  451  §  42. 

Sect.  132  amended,  1939,  451  §  43. 

Sect.  133  revised,  1933,  134  §  1;  amended,  1939,  451  §  44.  (See 
1933,  134  §  2.) 

Sect.  135  amended,  1939,  451  §  45. 

Sect.  136  amended,  1939,  451  §  46. 

Sect.  137  amended,  1939,  451  §  47. 

Sect.  137A  amended,  1939,  451  §  48. 


Chaps.  128-128A.]  GENERAL   LaWS.  893 

Sect.  138  amended,  1939,  451  §  49. 

Sect.  139  amended,  1939,  451  §  50. 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  149  amended,  1939,  451  §  51. 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  probationers  and  parolees",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).    (See  1937,  307  §  2.) 

Sect.  152  revised,  1939,  479. 

Sect.  154  amended,  1939,  451  §  52. 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  ad- 
visory board  of  pardons  of  the  cases  of  certain  life  prisoners  on  the 
question  of  extending  clemency) ;  amended,  1939,  451  §  53. 

Sects.  166-169  added,  1939,  484  (regulating  the  payment  or  receipt 
of  money  or  other  rewards  or  gratuities  for  the  purpose  of  obtaining  the 
granting  of  any  pardon,  parole,  or  commutation  of  or  respite  from 
sentence). 

Chapter  128.  —  Agriculture. 

Sect  1  affected   1939  405. 

Sect.'  2,  paragraph  (/)  amended,  1937,  415  §  1;  1938,  230;  para- 
graph (g)  added,  1933,  291  §  1. 

Sect.  6  amended,  1933,  291  §  2. 

Sect.  10  amended,  1934,  340  §  10.     (See  1934,  340  §  18.) 

Sect.  13  amended,  1934,  340  §  11.     (See  1934,  340  §  18.) 

Sects.  16-31A  affected,  1939,  405. 

Sect.  24A  added,  1939,  136  (providing  for  the  control  of  the  dutch 
elm  disease). 

Sect.  27  revised,  1938,  309. 

Sect.  39  repealed,  1933,  74  §  2. 

Sect.  42  revised,  1932,  166. 

Chapter  128A.  —  Horse  and  Dog  Racing  Meetings. 

New  chapter  inserted,  1934,  374  §  3. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;  clause  (e)  revised, 
1939,  505  §  1;  clause  (/)  amended,  1935,  454  §  3;  clause  (h)  amended, 
1935,  454  §  4;  clause  (i)  revised,  1939,  505  §  2;  clause  (n)  added,  1935, 
239  (forbidding  the  licensed  racing  of  horses  and  dogs  under  the  pari- 
mutuel  system  of  betting,  on  publicly  owned  premises);  clause  (n) 
added,  1935,  471  §  1  (forbidding  the  licensed  racing  of  dogs  under  such 
system,  in  certain  residential  neighborhoods);  designation  of  the 
clause  added  by  1935,  471  §  1  changed  from  (n)  to  (o),  1936,  405  §  3. 
(See  1935,  471  §  2;   1939,  505  §  3.) 

Sect.  4,  last  paragraph  revised,  1939,  356. 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1 ;  second  and  third  para- 
graphs revised,  1936,  351;  third  paragraph  revised,  1939,  473;  last 
paragraph  amended,  1939,  497. 

Sect.  9,  last  paragraph  revised,  1935,  454  §  5. 

Sect.  9A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  by  the  state  racing  commission). 


894  Changes  in  the  [Chaps.  129-130. 

Sect.  10  revised,  1936,  268. 

Sect.  13  amended,  1935,  454  §  7. 

Sect.  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter)  ; 
revised,  1939,  159.     (See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penalizing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings). 

Sect.  14  revised,  1935,  279  §  2;  1936,  253  §  2;  amended,  1938,  282. 
(See  1935,  279  §  3;  1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  system  of  betting  shall  be  permitted);  re- 
pealed, 1936,  253  §  1.    (See  1935,  279  §  3;  1936,  253  §  1.) 

Sect.  15  revised,  1936,  436  §  2.     (See  1936,  436  §  4.) 

Chapter  129.  —  Animal  Industry. 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic 
animals")  added,  1935,  70.    (See  1934,  340  §  18.) 

Sect.  10  amended,  1934,  340  §  13.    (See  1934,  340  §  18.) 

Sect.  26A  revised,  1938,  168. 

Sect.  29  amended,  1938,  308. 

Sect.  32  amended,  1939,  451  §  54. 

Sect.  33  amended,  1934,  272. 

Sect.  33B  revised,  1934,  96. 

Sect.  36A  added,  1935,  426  (providing  for  the  licensing  of  certain 
dealers  in  bovine  animals). 

Sect.  36B  added,  1938,  314  (providing  for  the  vaccination  of  certain 
cattle  to  curtail  the  spread  of  Bang's  disease,  so  called). 

Sect.  36C  added,  1938,  386  (regulating  the  transportation  of  neat 
cattle) . 

Sect.  38  revised,  1934,  340  §  14.    (See  1934,  340  §  18.) 

Chapter   129A.  —  Marine   Fish  and   Fisheries,    Inland   Fish   and   Fisheries, 
Birds  and  Mammals,  General  Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "Warden"  revised,  1937,  413  §  2;  definitions 
of  "Coastal  Warden",  " Deputy  (Coastal  Warden"  and  "Supervisor", 
revised,  1939,  491  §  11.    (See  1937,  413  §§  3,  4;  1939,  491  §  12.) 


Chapter  130.  —  Marine  Fish  and  Fisheries,  including  Crustacea  and  Shell- 
fish (former  title,  Powers  and  Duties  of  the  Division  of  Fisheries  and 
Game.     Fisheries). 

The  following  reference  is  to  chapter  130,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  48A  added,  1933,  118  (prohibiting  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  harbor,  Kingston  bay,  Dux- 
bury  bay  and  certain  waters  of  Plymouth  bay). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1933,  329  §  2. 


Chap.  131.]  GENERAL    LaWS.  895 

The  following  references  are  to  the  new  chapter  130: 

Sect.  3A  added,  1935,  324  (providing  for  state  aid  to  coastal  cities 
and  towns  in  conserving  and  increasing  the  supply  of  shellfish  and  in 
exterminating  the  enemies  thereof). 

Sect.  6B  added,  1934,  115  §  1  (providing  for  the  filing  with  the 
supervisor  of  marine  fisheries  of  copies  of  rules  and  regulations  made 
by  cities  and  towns  under  the  marine  fisheries  laws,  and  for  notifying 
him  of  permits  and  hcenses  issued  under  said  laws).  (See  1934,  115 
§2.) 

Sect.  23  amended,  1937,  168. 

Sects.  27A  and  27B  added,  1939,  385  §  1  (relative  to  the  establish- 
ment and  maintenance  of  a  plant  for  the  propagation  of  lobsters).  (See 
1939,  385  §  2.) 

Sect.  41A  added,  1937,  121  (prohibiting,  during  certain  months  of 
the  year,  the  taking  of  edible  crabs  from  the  waters  of  the  common- 
wealth). 

Sect.  48,  first  paragraph  amended,  1935,  110. 

Sect.  73  amended,  1935,  117. 

Sects.  77,  78,  79  revised,  1937,  246. 

Sect.  84A  added,  1934,  129  (regulating  the  disposition  of  starfish 
caught  in  or  taken  from  the  coastal  waters  of  the  commonwealth). 

Chapter  131.  —  Game  and  Inland  Fisheries  (former  title,  Powers  and  Duties 
of  the  Division  of  Fisheries  and  Game.     Game  and  Inland  Fisheries). 

Title  amended,  1933,  329  §  14. 

Sects.  1-4  repealed,  1933,  329  §  20. 

Sect.  5  amended.  1932,  272  §  1;   1933,  214  §  1;   1937,  191  §  1. 

Sect.  6  revised,  1932,  272  §  2. 

Sect.  7  revised,  1932,  272  §  3. 

Sect.  8  revised,  1932,  272  §  4;  new  paragraph  added  (summer  three- 
dav  fishing  hcense),  1934,  156;  same  paragraph  revised,  1938,  121  §  1. 
(See  1938,  121  §  2.) 

Sect.  8A  added,  1933,  214  §  2  (estabhshing  special  fox  hunting 
licenses  for  non-resident  members  and  guests  of  clubs  or  associations 
conducting  fox  hunts). 

Sect.  8B  added,  1937,  191  §  2  (authorizing  the  issuance  to  certain 
officials  of  certain  other  states  of  complimentary  certificates  entitling 
them  to  hunt  and  fish  in  this  commonwealth). 

Sects.  9-11  repealed,  1933,  329  §  20. 

Sect.  12  amended,  1932,  272  §  5;  revised,  1933,  214  §  3. 

Sect.  13  revised,  1933,  329  §  15. 

Sects.  14-24  repealed,  1933,  329  §  20. 

Sect.  24A  added,  1932,  78  (relative  to  the  establishment  in  certain 
brooks  and  streams  of  breeding  areas  for  fish). 

Sect.  25,  paragraph  added  at  end,  1934,  33. 

Sects.  27-34  repealed,  1933,  329  §  20. 

Sect.  42  repealed,  1933,  329  §  20. 

Sect.  43A  added,  1936,  294  (relative  to  fishing  in  ponds  situated 
partly  in  the  commonwealth  and  partly  in  another  state). 

Sect.  44  revised,  1933,  329  §  16. 

Sect.  45,  sentence  added  at  end,  1932,  77. 

Sect.  48  revised,  1936,  69. 


896  Changes  in  the  [Chap.  131. 

Sect.  49  amended,  1933,  329  §  17. 

Sect.  49A  added,  1937,  123  (establishing  a  close  season  for  fish  with 
respect  to  which  no  close  season  is  otherwise  established  by  law). 

Sects.  52-55  repealed,  1933,  329  §  20. 

Sect.  56  amended,  1934,  51. 

Sect.  57  amended,  1934.  149;   1936,  425  §  1;   1937,  116. 

Sect.  59  revised,  1936,  425  §  2;  1937,  269. 

Sect.  61A  added,  1933,  329  §  18  (regulating  the  taking  of  smelt  in 
great  ponds). 

Sect.  66  amended,  1934,  40. 

Sect.  68  revised,  1935,  120. 

Sect.  73A  added,  1935,  98  (authorizing  the  use  of  certain  traps  for 
the  purpose  of  catching  fish  bait  in  the  inland  waters  of  the  common- 
wealth). 

Sect.  74  revised,  1932,  272  §  6. 

Sect.  77  revised,  1933,  154. 

Sect.  83  revised,  1935,  107. 

Sect.  85  amended,  1932,  28;   1935,  13;   1937,  167. 

Sect.  86A  added,  1932,  60  (authorizing  the  director  of  fisheries  and 
game  to  suspend  or  modify  the  open  season  or  bag  limit  as  to  ruffed 
grouse  and  quail). 

Sect.  87A  added,  1933,  122  (relative  to  the  taking  or  kilhng  of  water- 
fowl and  other  migratory  birds  in  certain  cases). 

Sect.  92  amended,  1932,  52. 

Sect.  94  amended,  1934,  183;   1937,  172;  revised  1937,  316. 

Sect.  97  revised,  1934,  70;  amended,  1936,  13. 

Sect.  99  amended,  1932,  180  §  26. 

Sect.  lOOA  added,  1932,  82  (prohibiting  the  hunting  of  beavers). 

Sect.  103  revised,  1938,  301. 

Sect.  104  revised,  1933,  192  §  1;  1937,  324. 

Sect.  104A  added,  1939,  462  (restricting  the  carrying  of  certain  fire- 
arms in  motor  vehicles  in  areas  used  for  hunting). 

Sect.  105A  revised,  1933,  203;  repealed,  1934,  275  §  2. 

Sects.  105B  and  105C  added,  1934,  275  §  1  (regulating  the  use  of 
traps  and  other  devices  for  the  capture  of  fur-bearing  animals  and 
providing  for  local  option  thereon).    (See  1934,  275  §  4.) 

Sect.  109  revised,  1932,  264;  1933,  192  §  2;  amended,  1935,  5  §  1; 
1936,  21  §  1,  138  §  1;   1937,  89  §  1,  243  §  1. 

Sect.  112  revised,  1933,  192  §  3;  amended,  1935,  5  §  2;  1936,  21  §  2, 
138  §  2;   1937,  243  §  2. 

Sect.  114  revised,  1937,  89  §  2;  last  paragraph  amended,  1937, 
372  §  1. 

Sect.  114A  added,  1934,  275  §  3  (authorizing  the  commissioner  of 
conservation  to  temporarily  suspend,  within  certain  specified  territory, 
the  provisions  of  section  105B). 

Sect.  124  amended,  1937,  229. 

Sect.  135  revised,  1932,  81,  272  §  7. 

Sect.  137  added,  1933,  329  §  19  (relative  to  the  protection  of  salmon 
fry  in  the  Merrimack  river). 


Chaps.  132-138.]  GENERAL    LaWS.  897 


Chapter  132.  —  Forestry. 

Sect.  1  amended,  1937,  415  §  2. 

Sect.  5  repealed,  1932,  180  §  27. 

Sect.  11  revised,  1937,  415  §  3. 

Sect.  12  amended.  1937,  415  §  4. 

Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5. 

Sect.  14  revised,  1937,  415  §  6. 

Sect.  17  amended,  1937.  415  §  6A. 

Sect.  18  amended,  1937,  415  §  6B. 

Sect.  22  amended,  1937,  415  §  7. 

Sect.  25  revised,  1937,  415  §  8. 

Sect.  26  amended,  1937,  415  §  9. 

Sect.  27  amended,  1937,  415  §  10. 

Sect.  28  amended,  1937,  415  §  11. 

Sect.  33  amended,  1935,  373;  1936,  415  §  1.  (See  1936,  415  §  3.) 

Sect.  34,  new  paragraph  added  at  end,  1935,  233. 

Sect.  36  revised,  1936,  415  §  2.  (See  1936,  415  §  3.) 

Chapter  132A.  —  State  Parks  and  Reservations  Outside  of  the  Metropolitan 
Parks  District. 

Sect.  9  amended,  1933,  75  §  4. 

Chapter  135.  —  Unclaimed  and  Abandoned  Property. 

Sect.  8  amended,  1938,  98  §  1. 
Sect.  9  amended,  1938,  98  §  3. 
Sect.  11  amended,  1938,  98  §  2. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;   1934,  63;   1935,  78. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  licensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and 
beach  resorts);  revised,  1933,  309  §  1.     (See  1933,  309  §  2.) 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932,  96;  1934,  354;  1938,  143;  paragraph 
added  at  end,  1933,  150  §  3;  section  revised,  1934,  373  §  6;  third  para- 
graph amended,  1936,  129;  1937,  286. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 

Sect.  13  amended,  1932,  105. 

Sect,  17,  sentence  added  at  end,  1933,  150  §  4;  section  amended, 
1934,  55;  revised,  1938,  60. 

Sect.  21  revised,  1935,  104,  169. 

Sect.  22,     See  1933,  136;   1935,  49. 

Chapter  138.  —  Alcoholic  Liquors  (Old  Title,  Intoxicating  Liquors  and  Cer- 
tain Non-Intoxicating  Beverages). 

Beer  bill,  so  called,  1933,  120  (amended  by  1933,  216,  234,  346). 
(See  also  1933,  Res.  47.) 

Act  providing  for  a  convention  to  act  upon  a  proposed  amendment 
to  the  constitution  of  the  United  States  relative  to  the  repeal  of  the 
eighteenth  amendment,  1933,  132, 


898  Changes  in  the  [Chap.  138. 

The  following  references  are  to  chapter  138,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1,  paragraph  in  lines  4-7  amended,  1933,  97  §  1.  (See  1933, 
97  §  3,  346  §  9.) 

Sect.  2  affected,  1933,  120  §  53. 

Sect.  3  amended,  1933,  97  §  2.     (See  1933,  97  §  3,  346  §  9.) 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 
The  following  references  are  to  the  new  chapter  138: 

Sect.  1,  new  paragraph  (definition  of  "  Alcohol ")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club"),  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1;    1935,  253  §  1. 

Sect.  2  revised,  1934,  305,  372  §  4;  1935,  440  §  2;  first  sentence 
revised,  1939,  470  §  1. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcoholic  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1.    (See  1935,  281.) 

Sect.  11  A,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6.    (See 

1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1 ;  second  paragraph  amended,  1934, 
121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 

1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3;  proviso  contained  in  fines  46-48  stricken  out,  1935,  253  §  4;  third 
paragraph  revised,  1935,  440  §  8;  next  to  last  paragraph  stricken  out, 

1935,  440  §  9;  section  revised,  1935,  468  §  1;  first  paragraph  amended, 

1936,  207  §  2;  last  sentence  of  first  paragraph  stricken  out  and  new 
paragraph  inserted,  1937,  331;  second  paragraph  revised,  1936,  368 
§  2;  paragraph  added  at  end,  1937,  264. 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section 
revised,  1935,  440  §  10. 

Sect.  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5,  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 
1936,  225  §  1;  second  paragraph  revised,  1938,  353. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  publication  of  appli- 
cations for  original  licenses) ;  revised,  1935,  440  §  13;  1939,  414. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;   1937,  424  §  1. 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2;  second  paragraph  revised,  1939,  92. 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;    first  paragraph  amended,  1936,  136 


Chap.  138.]  GENERAL   LaWS.  899 

and  245,  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  para- 
graph added  after  the  second  paragraph,  1936,  368  §  4;  section  revised, 
1937,  424  §  3;  paragraph  in  hnes  106-118  revised,  1939,  263.  (See  1937, 
14  §  2.) 

Sect.  18,  first  paragraph  revised,  1935,  440  §  16;  two  paragraphs 
added,   1934,  385   §  8. 

Sect.  18A  added,  under  caption  "selling  agents  op  foreign 
IMPORTERS  AND  MANUFACTURERS",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect.  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10, 
1935,  440  §  19;  paragraph  added  at  end,  1936,  368  §  5. 

Sect.  19A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 
men for  manufacturers  and  for  wholesalers  and  importers);  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936, 
368  §  6;  paragraph  inserted,  1936,  368  §  7. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 
he  warehousemen  to  store  and  warehouse  alcoholic  beverages). 

Sect.  21  revised,  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  1939,  367  §  1; 
paragraph  amended,  1936,  368  §  8;  paragraph  added  at  end,  1939,  394; 
next  to  the  last  paragraph  revised,  1939,  451  §  55.  [Temporary  addi- 
tional excise,  1939,  434.]     (See  1936,  411  §  2;   1939,  367  §  2.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  by  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcoholic  beverages). 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,  1935,  440  §  23;  fourth  para- 
graph revised,  1938,238;  sentence  added  at  end  of  next  to  last  paragraph, 
1939,  470  §  2. 

Sect.  24,  first  sentence  amended,  1934,  232. 

Sect.  26,  first  paragraph  amended,  1935,  440  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised, 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438.  (See  1936, 
436  §  4.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440  §  25. 

Sect.  30  amended,  1935,  83  §  1.     (See  1935,  83  §  2.) 

Sect.  30A  revised,  1934,  370  §  7;   1935,  440  §  26. 

Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 

Sect.  30D  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised,  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcohohc  beverages  or  alcohol  under  certain  circumstances  deemed 
prima  facie  evidence  of  violation  of  law). 


900  Changes  in  the  [Chaps.  139,  140. 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10. 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;  section  amended,  1937,  268. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;  1937,  424  §  5. 

Sect.  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 

Sect.  37  revised,  1934,  385  §  18. 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935,  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;   1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40;   1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42;  amended, 
1938,  400. 

Sect.  70  revised,  1934,  301  §  2. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Chapter  139.  —  Common  Nuisances. 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 

Sect.  16  amended,  1934,  328  §  11. 
Sect.  16A  amended,  1934,  328  §  12. 
Sect.  17  repealed,  1934,  328  §  13. 
Sect.  19  amended,  1934,  328  §  14. 
Sect.  20  amended,  1934,  328  §  15. 

Chapter  140.  —  Licenses. 

For  legislation  providing  for  the  temporary  licensing  of  distributors 
and  dealers  in  cigarettes  and  cigarette  vending  machines,  see  1939,  454. 
(See  1939,  454  §  21,  creating  the  Welfare  Reimbursement  Fund.) 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6. 

Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  licenses  and  licenses  to  sell  alcoholic  beverages  upon 
condition  that  licensed  premises  are  equipped  and  furnished  according 
to  plans  and  estimates  approved  in  advance). 

Sect.  8  amended,  1936,  368  §  14. 

Sect.  9 A  added,  1939,  431  (relative  to  the  keeping  of  the  premises  of 
common  victuallers  open  for  business). 

Sect.  10  amended,  1935,  167. 

Sect.  12  revised,  1932,  86;   1933,  92. 


Chap.  140.]  GENERAL   LaWS.  901 

Sects.  21E  and  21F  added,  under  caption  "organizations  dis- 
pensing   FOOD    OR    BEVERAGES    TO    MEMBERS   AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations). 

Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 
§17. 

Sects.  32A-32E  added,  1939,  416  (requiring  the  licensing  of  recrea- 
tional camps,  overnight  camps  or  cabins  and  trailer  camps). 

Sect.  48  repealed,  1937,  342  §  2. 

Sect.  51  amended,  1932,  275;  1935,  428  §  3;  1936,  55  §  1.  (See 
1935,  428  §§  6,  7;   1936,  55  §  2.) 

Sect.  52  amended,  1935,  428  §  4.     (See  1935,  428  §  7.) 

Sect.  55  amended,  1938,  59. 

Sect.  59  amended,  1934,  254  §  1;   1938,  96.     (See  1934,  254  §  2.) 

Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1. 

Sect.  96,  sentence  added  at  end,  1934,  179  §  2. 

Sect.  121  amended,  1934,  359  §  1. 

Sect.  131  revised,  1936,  302. 

Sect.  131C  added,  1934,  246  (prohibiting  persons  licensed  to  carry 
pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 
weapons  are  under  their  control  therein). 

Sect.  133  amended,  1939,  451  §  56. 

Sect.  136A,  under  caption  "dogs",  added,  1934,  320  §  1  (definitions 
of  certain  words  and  phrases  in  sections  137-175).  (See  1934,  320 
§34.) 

Sect.  137  amended,  1932,  289  §  1;  revised  (and  caption  stricken 
out)  1934,  320  §  2.     (See  1934,  320  §  34.) 

Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  licenses 
and  regulating  holders  of  such  licenses).     (See  1934,  320  §  34.) 

Sect.  137A,  paragraph  added  at  end,  1937,  95. 

Sect.  137C  revised,  1939,  206. 

Sect.  138  revised,  1934,  320  §  4;    1938,  92.     (See  1934,  320  §  34.) 

Sect.  139  amended,  1934,  320  §  5;  sentence  added  at  end,  1939,  23. 
(See  1934,  320  §  34.) 

Sect.  140  repealed,  1934,  320  §  6.     (See  1934,  320  §  34.) 

Sect.  141  revised,  1934,  320  §  7.     (See  1934,  320  §  34.) 

Sects.  142-144  repealed,  1934,  320  §  8.     (See  1934,  320  §  34.) 

Sect.  145  amended,  1932,  289  §  2. 

Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furnishing  of  anti- 
rabic  vaccine);  revised,  1934,  320  §  9;  1937,  375;  last  sentence  revised, 
1939,  42.    (See  1934,  320  §  34.) 

Sect.  146  revised,  1934,  320  §  10.     (See  1934,  320  §  34.) 

Sect.  147  revised,  1932,  289  §  4;  1934,  320  §  11.  (See  1934,  320 
§34.) 

Sect.  148  repealed,  1932,  289  §  6.  (See  G.  L.  chapter  41  §  13A, 
inserted  by  1932,  289  §  5.) 

Sect.  150  revised,  1934,  320  §  12.     (See  1934,  320  §  34.) 

Sect.  151  revised,  1934,  320  §  13.     (See  1934,  320  §  34.) 

Sect.  151A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 
under  annual  warrants  from  mayors  or  selectmen).  (See  1934,  320 
§34.) 

Sect.  152  revised,  1934,  320  §  15.     (See  1934,  320  §  34.) 

Sect.  153  revised,  1934,  320  §  16.     (See  1934,  320  §  34.) 


902  Changes  in  the  [Chaps.  141-145. 

Sect.  154  repealed,  1934,  320  §  17.  (See  1934,  320  §  34.) 
Sect.  155  revised,  1934,  320  §  18.  (See  1934,  320  §  34.) 
Sect.  156  revised,  1934,  320  §  19.  (See  1934,  320  §  34.) 
Sect.  157  revised,  1934,  320  §  20.  (See  1934,  320  §  34.) 
Sect.  158  revised,  1934,  320  §  21.  (See  1934,  320  §  34.) 
Sect.  159  revised,  1934,  320  §  22.  (See  1934,  320  §  34.) 
Sect.  160  revised,  1934,  320  §  23.  (See  1934,  320  §  34.) 
Sect.  161,  first  two  sentences  amended,  1932,  289  §  7;  section 
amended,  1934,  320  §  24.     (See  1934,  320  §  34.) 

Sect.  161A  added,  1934,  320  §  25  (reimbursement  for  damages  by 
dogs  regulated).     (See  1934,  320  §  34.) 

Sect.  162  revised,  1934,  320  §  26.     (See  1934,  320  §  34.) 
Sect.  163  amended,  1934,  320  §  27.     (See  1934,  320  §  34.) 
Sect.  164  amended,  1934,  320  §  28.     (See  1934,  320  §  34.) 
Sect.  165  revised,  1934,  320  §  29.     (See  1934,  320  §  34.) 
Sect.  166  amended,  1934,  320  §  30.     (See  1934,  320  §  34.) 
Sect.  170  amended,  1934,  320  §  31.     (See  1934,  320  §  34.) 
Sect.  171  revised,  1934,  320  §  32.     (See  1934,  320  §  34.) 
Sect.  172  revised,  1932,  289  §  8. 

Sect.  175  revised,  1932,  289  §  9;  1934,  320  §  33.  (See  1934,  320 
§  34.) 

Sects.  180A-180D  added,  under  caption  "theatrical  booking 
agents,  personal  agents  and  managers",  1935,  378  (providing  for 
the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  181.     Affected  by  1935,  454  §  8. 

Sect.  183A  amended,  1935, 102  §  1;   1936,  71  §  1.    (See  1935,  102  §  2.) 
Sect.  183B  repealed,  1936,  71  §  2. 
Sect.  184  amended,  1934,  328  §  18. 
Sect.  185A  amended,  1936,  279. 

Sect.  185H  added,  1939,  253  (relative  to  the  licensing  and  supervi- 
sion of  dancing  schools,  so  called). 
Sect.  186  amended,  1936,  169  §  1. 
Sect.  187  amended,  1936,  169  §  2. 
Sect.  202  revised,  1936,  169  §  3. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  3,  clause  (4)  amended,  1934,  347  §  1. 


Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  6  revised,  1934,  347  §  2. 
Sect.  13  amended,  1934,  284. 
Sect.  17  revised,  1936,  234. 

Sect.  21  added,  1938,  302  (providing  for  regulation  of  plumbing  in 
buildings  owned  and  used  by  the  commonwealth). 

Chapter  145.  —  Tenement  Houses  in  Towns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in 
the  yards  of  certain  tenement  houses). 


Chaps.  146-148.]  GENERAL   LaWS.      .  903 


Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc..  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  16  revised,  1932,  180  §  28. 
Sect.  34  revised,  1938,  319  §  1. 
Sect.  35  amended,  1938,  319  §  2. 
Sect.  50  amended,  1935,  67. 

Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  4B  added,  1939,  116  (providing  that  local  police  authorities 
and  district  attorneys  be  furnished  with  information  relative  to  certain 
persons  charged  with  or  convicted  of  sex  crimes,  so  called,  upon  their 
release  or  discharge  from  certain  institutions). 

Sect.  8A  added,  1938,  296  (authorizing  the  carrying  of  certain 
weapons  by  sheriffs,  deputy  sheriffs  and  special  sheriffs,  and  certain 
officers  in  the  department  of  correction) ;  revised,  1939,  174. 

Sect.  10  amended,  1934,  23. 

Sects.  13B  and  13C  added,  1939,  419  §  2  (providing  for  the  ultimate 
abolition  of  reserve  police  forces  in  certain  cities  and  towns). 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  days  for  police  officers  in  certain  cities  and  towns) ;  revised,  1938, 
426  §  1. 

Sect.  16B  added,  1938,  426  §  2  (providing  for  one  day  off  in  every 
six  days  for  police  officers  of  certain  cities  and  towns). 

Sect.  17  amended,  1937,  85  §  2;   1938,  426  §  3. 

Sect.  19,  sentence  added  after  the  first  sentence,  1939,  256  §  2.  (See 
1939,  256  §  3.) 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  26  amended.  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.'  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69. 

Sect.  36  revised,  1932,  79. 

Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "local  Hcensing  authority"  amended,  1932, 
102. 

Sect.  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  per- 
mits and  the  making  of  certain  inspections  by  municipal  officers  desig- 
nated by  the  state  fire  marshal). 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;  section  amended. 
1935,  123  §  1;  revised,  1936,  394  §  1;  third  paragraph  amended,  1939, 
333;  last  paragraph  amended,  1938,  99.  (See  1932,  22  §  2;  1936,  394 
§§  2,  3.) 

Sect.  14  amended,  1938,  103. 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  23  amended,  1935,  123  §  2. 


904  Changes  in  the  [Chap.  149. 

Sect.  27A  added,  1932,  283  (relative  to  the  protection  of  life  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  29  amended,  1939,  205. 

Sect.  38A  added,  1938,  95  (prohibiting  the  removal  of  certain  gaso- 
line tanks  without  a  permit). 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes). 

Chapter  149.  —  Labor  and  Industries. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and 
industry,  see  1933,  Res.  44;  1934,  383,  Res.  25;  1935,  315  §§  1-3; 
1936,  Res.  68;  1937,  404. 

For  legislation  estabHshing  in  the  department  of  labor  and  indus- 
tries a  temporary  commission  on  apprentice  training  and  defining  the 
powers  and  duties  of  said  commission,  see  1938,  448;   1939,  471. 

Sect.  1,  paragraph  defining  "co-operative  courses"  amended,  1939, 
461  §  4;  paragraph  defining  ''discrimination"  inserted,  1937,  367  §  1; 
paragraph  defining  "employment  permit",  "permit  for  employment" 
or  "employment  certificate"  inserted,  1939,  461  §  4A;  paragraph  defin- 
ing "mercantile  establishments"  amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;  1937,  249.    (See  1934,  132  §  2.) 

Sect.  11  amended,  1935,  328. 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers' 
organizations).     (See  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regulating  the  liability 
of  labor  unions  and  others  involved  in  labor  disputes,  and  defining 
labor  disputes  and  other  terms  used  in  connection  therewith).  (See 
1935,  407  §  6.) 

Sect.  20C.  See  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by 
1938,  345  §  2. 

Sect.  23  amended,  1935,  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  24  amended,  1933,  272. 

Sects.  24A-24J  added,  under  the  caption  "discrimination  against 
certain  persons  in  employment  on  account  of  age",  1937,  367  §  2, 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added, 
1935,  461  (relative  to  preference  and  minimum  wages  of  veterans  and 
others  in  certain  employments  on  certain  public  works). 

Sect.  26,  paragraph  added  at  end,  1937,  346;  same  paragraph  re- 
vised, 1938,  413. 

Sect.  27E  added,  1938,  67  (estabhshing  residential  requirements  to 
be  observed  in  the  employment  of  certain  persons  by  the  department 
of  public  works). 

Sect.  29  amended,  1935,  217  §  2;   revised,  1935,  472  §  2;    1938,  361. 

Sect.  30  revised,  1936,  367  §  1. 

Sect.  34  amended,  1936,  367  §  2. 

Sect.  34A  added,  1938,  438  (requiring  contractors  on  public  build- 
ings and  other  public  works  to  provide  and  continue  in  force,  during  the 


Chap.  149.]  GENERAL    LaWS.  905 

full  term  of  the  contract,  insurance  under  the  Workmen's  Compensa- 
tion Law,  so  called). 

Sect.  34B  added,  1939,  252  (regulating  the  rate  of  compensation  paid 
to  reserve  police  officers  by  contractors  on  certain  public  works). 

Sect.  39  revised,  1935,  444  §  1.    (See  1935,  444  §  2.) 

Sects.  44A-44D  added,  1939,  480  (requiring  fair  competition  for 
bidders  on  the  construction,  reconstruction,  alteration,  remodelling  or 
repair  of  certain  public  works  by  the  commonwealth  or  any  political 
subdivision  thereof) . 

Sect.  48  revised,  1935,  185,  423  §  3;  amended,  1938,  320;  revised, 
1939,  235  §  1. 

Sect.  49  amended,  1937,  221;  revised,  1938,  295. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
applicable  to  watchmen  and  employees  -maintaining  fires  in  certain 
establishments). 

Sect.  51  revised,  1939,  235  §  2. 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200;  first  sentence 
stricken  out  and  two  sentences  inserted,  1939,  377. 

Sect.  57  amended,  1932,  110  §  2. 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1.  (For  temporary 
act,  authorizing  the  commissioner  of  labor  and  industries  to  suspend 
certain  provisions  relative  to  the  hours  of  employment  of  women  in 
the  textile  and  leather  industries,  see  1933,  347;  time  for  suspension 
as  to  the  textile  industry  extended,  1935,  429;  1936,  154;  1937,  153; 
1938,68;   1939,96.) 

Sect.  60  revised,  1935,  203;  paragraph  added  at  end,  1939,  193  §  1; 
section  revised,  1939,  273;  1939,  461  §  5.    (See  1939,  461  §  13.) 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19. 

Sect.  65  amended,  1939,  352;  revised,  1939,  461  §  6. 

Sect.  66  amended,  1933,  193  §  2;  1936,  170  §  2;  1939,  255. 

Sect.  67  revised,  1939,  348. 

Sects.  69-73.     See  1934,  114. 

Sect.  69  amended,  1939,  461  §  7. 

Sect.  70,  sentence  added  at  end,  1939,  94. 

Sect.  73  revised,  1939,  461  §  8. 

Sect.  78  amended,  1934,  292  §  1. 

Sect.  84  amended.  1932,  180  §  29. 

Sect.  86  revised,  1939,  461  §  9. 

Sect.  87  revised,  1939,  461  §  10. 

Sect.  94  revised,  1939,  461  §  11. 

Sect.  100  amended,  1939,  280. 

Sect.  101  revised,  1938,  335. 

Sect.  104  amended,  1932,  27;   1939,  193  §  2. 

Sect.  113  revised,  1934,  255. 

Sect.  117  revised,  1935,  208. 

Sect.  135  amended,  1933,  64. 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect.  142A  amended,  1935,  463  $  1. 

Sect.  142B  revised,  1935,  463  §  2. 


906  Changes  in  the  [Chaps.  150-I5i. 

Sects.  143-147A,  and  the  heading  above  section  143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  147A  added,  1932,  234  (requiring  the  furnishing  of  certain 
information  to  the  department  of  labor  and  industries  with  respect 
to  the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);  section  stricken  out  and  new  section  inserted,  1937,  429; 
amended,  1939,  461  §  12. 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;  section  revised, 
1935,  350;   1936,  160. 

Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 

Sect.  150A  added,  1938,  403  (requiring  employers  to  furnish  certain 
information  to  employees  relative  to  deductions  from  wages  for  social 
security  and  unemployment  compensation  benefits). 

Sect.  156  amended,  1935,  363  §  1.     (See  1935,  363  §  2.) 

Sect.  157A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 
factories  and  workshops  information  relative  to  their  compensation). 

Sect.  159A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 
of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 
cigarette  girls  and  the  like). 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration). 

Chapter  150.  —  Conciliation  and  Arbitration  of  Industrial  Disputes. 

Sect.  3  amended,  1938,  364  §  1;   1939,  111. 
Sect.  5  revised,  1938,  364  §  2. 

Chapter  150A.  —  Labor  Relations. 

New  chapter  inserted,  1938,  345  §  2  (incorporating  the  provisions 
of  1937,  436,  relative  to  labor  relations  as  an  addition  to  the  General 
Laws).     (See  1938,  345  §§  3,  4.) 

Sect.  5,  subsection  (5)  amended,  1939,  318. 

Chapter  151.  —  Minimum  Fair  Wages  for  Women  and  Minors  (former  title, 
The  Minimum  Wage). 

The  following  references  are  to  chapter  151,  as  appearing  in  the 
Tercentenary    Edition: 

Sect.  8  amended,  1933,  110. 

Sects.  IIA-IID  added,  1933,  220  §  1  (relative  to  the  more  efifective 
enforcement   of   decrees   of   the   minimum   wage   commission).      (See 

1933,  220  §  2.) 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.     (See 

1934,  308  §§  2,  3;    1935,  267.     See  also  1933,  Res.  44;    1934,  383,  Res.  25.) 
The  following  references  are  to  chapter  151,  as  inserted  by  1934,  308  §  1: 

Sect.  1  revised,  1936,  430  §  1.  (See  1936,  430  §§  18-22.) 
Sect.  2  revised,  1936,  430  §  2.  (See  1936,  430  §§  18-22.) 
Sect.  3  amended,  1936,  430  §  3.  (See  1936,  430  §§  18-22.) 
Sect.  4  revised,  1936,  430  §  4.  (See  1936,  430  §§  18-22.) 
Sect.  7  revised,  1936,  430  §  5.  (See  1936,  430  §§  18-22.) 
Sect.  10  revised,  1936,  430  §  6.  (See  1936,  430  §§  18-22.) 


Chap.  151A.]  GENERAL   LaWS.  907 

Sect.  12  revised,  1936,  430  §  7.  (See  1936,  430  §§  18-22.) 
Sect.  13  amended,  1936,  175;  revised,  1936,  430  §  8.  (See  1936, 
430  §§  18-22.) 

Sect.  14  revised,  1936,  430  §  9.  (See  1936,  430  §§  18-22.) 
Sect.  15  revised,  1936,  430  §  10.  (See  1936,  430  §§  18-22.) 
Sect.  16  amended,  1936,  430  §11.  (See  1936,  430  §§  18-22.) 
Sect.  17  amended,  1936,  430  §  12.  (See  1936,  430  §§  18-22.) 
Sect.  20  amended,  1936,  430  §  13.  (See  1936,  430  §§  18-22.) 
Sect.  21  revised,  1936,  430  §  14.  (See  1936,  430  §§  18-22.) 
Sect.  22  revised,  1936,  430  §  15.  (See  1936,  430  §§  18-22.) 
Sect.  23  amended,  1936,  430  §  16.  (See  1936,  430  §§  18-22.) 
Sect.  24  revised,  1936,  430  §  17.  (See  1936,  430  §§  18-22.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted,  1937, 
401  §  1.      (See  1937,  401  §§  2,  3.) 

The  following  references  are  to  chapter  151,  as  inserted  by  1937,  401  §  1: 

Sect.  19,  paragraph  added  at  end,  1938,  237. 

Sect.  20A  added,  1939,  275  (relative  to  evidence  of  the  establish- 
ment of  minimum  fair  wage  rates) . 


Chapter  151A.  —  Unemployment  Compensation. 

For  temporary  act  suspending  employee  contributions  under  the 
Unemployment  Compensation  Law,  see  f938,  470. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936, 
12  §  3,  249  §  16.) 

The  following  references  are  to  chapter  151  A,  as  inserted  by  1935,  479  §  5: 

Sect.  1,  clauses  (1)  to  (9),  inclusive,  of  paragraph  (a)  revised,  1936, 
249  §  1;  paragraph  (6)  amended,  1936,  249  §  2;  paragraph  (k)  amended, 

1936,  249  §  3;   paragraph  (m)  amended,  1936,  249  §4;   paragraph  (n) 
revised,  1936,  249  §  5. 

Sect.  3  revised,  1936,  249  §  6. 

Sect.  4  revised,  1936,  249  §  7. 

Sect.  7,  paragraph  added  at  end,  1936,  249  §  8. 

Sect.  7A  added,  1936,  249  §  9  (relative  to  refunding  of  over-pay- 
ments or  collection  of  under-payments  of  contributions). 

Sect.  10  amended,  1936,  249  §  10. 

Sect.  12  amended.  1936,  12  §  1. 

Sect.  17,  paragraph  (a)  amended,  1936,  249  §  11. 

Sect.  18,  paragraph  (a)  amended,  1936,  249  §  12. 

Sect.  19,  paragraph  defining  "suitable  employment"  amended,  1936, 
12  §  2. 

Sect.  20  amended,  1936,  249  §  13. 

Sect.  24,  second  paragraph  stricken  out,  1936,  249  §  14. 

Sect.  48  amended,  1936,  249  §  15. 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 

1937,  421  §  1.     (See  1937,  421  §§  2-4.) 

The  following  references  are  to  chapter  151A,  as  inserted  by  1937,  421  §  1 : 

Sect.  1,  paragraphs  (1)  and  (2)  inserted  after  subsection  (a),  1939, 
490  §  1;  subsection  (6)  revised,  1939,  20  §  2;  subsection  (/)  clause  (5) 
amended,  1939,  319  §  1;  subsection  (/)  clause  (8)  added,  1939,  374  §  1 
(sec  1939,  374  §  6);  subsection  (/)  revised,  1939,  490  §  2;  subsection 
(k)  revised,  1938,  469  §  1 ;  amended,  1939,  490  §  3;  subsection  (I)  re- 
vised, 1938,  469  §2;  amended,  1939,  490  §  4;  subsection  (n)  amended, 
1939,  490  §  19.    (See  1938,  469  §  20;  1939,  20  §§  6-9;  1939,  319  §§  10, 11.) 


908  Changes  in  the  [Chap.  151A. 

Sect.  1A,  subsections  (1)  and  (2)  revised,  1938,  469  §  3;  subsection 
(6)  added,  1938,  469  §  4.     (See  1938,  469  §  20.) 

Sect.  3  revised,  1939,  319  §  2;  amended,  1939,  490  §  17;  revised, 
1939,  490  §  23.     (See  1939,  319  §§  10,  11.) 

Sect.  4,  first  paragraph  revised,  1938,  469  §  5;  fifth  paragraph 
stricken  out,  1938,  469  §  6;  paragraph  inserted  before  the  last  para- 
graph, 1938,  469  §  7;  last  paragraph  revised,  1938,  470  §  2;  section 
revised,  1939,  319  §  3.  (See  1938,  469  §  20,  470  §§  1  and  3;  1939,  319 
§§  10,  11.) 

Sect.  8,  last  paragraph  stricken  out,  1939,  319  §  4.  (See  1939,  319 
§§  10,  11.) 

Sect.  9  amended,  1939,  319  §  5.     (See  1939,  319  §§  10,  11.) 

Sect.  10  amended,  1939,  319  §  6.    (See  1939,  319  §§  10,  11.) 

Sect.  11,  subsection  (a)  revised,  1938,  469  §  8.    (See  1938,  469  §  20.) 

Sect.  12,  last  sentence  stricken  out,  1939,  319  §  7.  See  (1939,  319 
§§  10,  11.) 

Sect.  14,  subsection  (a)  revised,  1938,  469  §  9;  1939,  490  §§  5,  6; 
subsection  (c)  revised,  1938,  469  §  10;  subsection  (d)  added,  1938, 
469  §  11.     (See  1938,  469  §  20.) 

Sect.  15,  subsection  (a)  revised,  1938,  469  §  12;  1939,  490  §  7.  (See 
1938,  469  §  20.) 

Sect.  16,  subsection  (c)  revised,  1939,  490  §  8;  first  paragraph  of 
subsection  (d)  revised,  1938,  469  §  13;  subsection  (e)  revised,  1939, 
490  §  9;  subsection  (/)  added,  1938,  469  §  14;  subsections  (g),  (h) 
added,  1939,  374  §  2.    (See  1938,  469  §  20;   1939,  374  §  6.) 

Sect.  17  revised,  1938,  469  §  15;  1939,  490  §  10.  (See  1938,  469 
§  20.) 

Sect.  18,  subsection  (a)  revised,  1938,  469  §  16;  amended  and  re- 
vised, 1939,  490  §  11;  subsection  (b)  stricken  out,  1939,  490  §  13;  sub- 
section (c)  stricken  out,  1939,  490  §  13;  subsection  (d)  revised,  1938, 
469  §  17;  1939,  490  §  12;  stricken  out,  1939,  490  §  13.  (See  1938, 
469  §  20.) 

Sect.  19  revised,  1939,  490  §  14. 

Sect.  22A  revised,  1939,  319  §  8.    (See  1939,  319  §§  10,  11.) 

Sect.  26  amended,  1938,  469  §  18.     (See  1938,  469  §  20.) 

Sects.  26-33,  stricken  out  and  nev/  sections  26-31  inserted,  1939, 
20  §3. 

Sects.  26,  27,  28  (as  appearing  in  1939,  20  §  3)  revised,  1939,  490 
§15. 

Sect.  30  (as  appearing  in  1939,  20  §  3)  amended,  1939,  490  §  16. 

Sect.  35  amended,  1939,  490  §  21. 

Sect.  36  amended,  1939,  490  §  18. 

Sect.  41,  second  sentence  revised,  1939,  20  §  4. 

Sect.  42  amended,  1939,  319  §  9.     (See  1939,  319  §§  10,  11.) 

Sect.  43  revised,  1939,  374  §  3.     (See  1939,  374  §  6.) 

Sect.  45  revised,  1939,  20  §  5. 

Sect.  47  revised,  1938,  163. 

Sect.  47A  added,  1939,  374  §  4  (authorizing  the  director  of  the  divi- 
sion of  unemployment  compensation  to  co-operate  with  certain  federal 
agencies  charged  with  the  administration  of  laws  relative  to  unemploy- 
ment).    (See  1939,  374  §  6.) 

Sect.  48,  paragraph  added  at  end,  1939,  374  §  5.    (See  1939,  374  §  6.) 


Chap.  152.]  GENERAL   LaWS.  909 

Sect.  52  added,  1938,  469  §  19  (powers  of  the  unemployment  com- 
pensation commission  when  employer  fails  or  refuses  to  make  any 
required  report  or  return).     (See  1938,  469  §  20.) 

Sect.  53  added,  1938,  469  §  19  (authorizing  the  payment  without 
administration  of  unemployment  compensation  benefits  due  a  deceased 
person  in  certain  cases);  revised,  1939,  490  §  20.  (See  1938,  469  §  20.) 
Note  —  See  sect.  53,  infra. 

Sect.  53  added,  1939,  490  §  22  (relative  to  the  preparation,  use  as 
evidence  and  disposition  of  certain  records,  reports,  claims  and  other 
papers).     Note  —  See  sect.  53,  supra. 

Sect.  54  added,  1938,  469  §  19  (relative  to  the  effect  to  be  given  any 
ruling  or  decision  of  the  unemployment  compensation  commission). 
(See  1938,  469  §  20.) 

Chapter  152.  —  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see 
1936,  426. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (4)  revised,  1935,  406. 

Sect.  4  revised,  1939,  83. 

Sect.  9 A  revised,  1938,  381. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees) ;  revised,  1938,  462. 

Sect,  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484;   paragraph  added  at  end,  1939,  213  §  1.     (See  1939,  213  §  2.) 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1.  (See  1932,  117 
§2;   1935,351.) 

Sect.  13,  sentence  added  at  end,  1933,  68. 

Sect.  15  revised,  1939,  401. 

Sect.  ISA  amended,  1934,  252. 

Sect.  18,  sentence  added  at  end,  1938,  102;  section  amended,  1939, 
93. 

Sect.  19,  paragraph  in  lines  17  and  18  revised,  1935,  339;  same  para- 
graph revised,  1939,  245. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law). 

Sect.  20  revised,  1935,  340. 

Sect  26  amended,  1937,  370  §  1, 

Sect.  26A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide). 

Sect.  27  revised,  1935,  331. 

Sect.  28  amended,  1934,  292  §  2. 

Sect.  29  revised,  1935,  372;  1937,  382. 

Sect.  30  revised,  1936,  164. 

Sect.  31,  first  paragraph  amended,  1934,  250;  paragraph  contained 
in  the  seventh  to  the  forty-fourth  hues  revised,  1937,  325. 

Sect.  32,  new  paragraph  added,  1935,  361  (relative  to  payments 
under  the  workmen's  compensation  law  to  dependents  of  deceased 
minor  employees). 


910  Changes  in  the  [Chaps.  153-155. 

Sect.  33  revised,  1939,  81. 

Sect.  34  revised,  1935,  332  §  2. 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disability  under  the  workmen's  compensation  law,  and 
establishing  methods  of  determining  the  same). 

Sect.  36,  paragraph  0')  revised,  1933,  257;  section  revised,  1935,333. 

Sect.  37  amended,  1937,  321 

Sect.  39  amended,  1937,  317. 

Sect.  52A  added,  1939,  465  §  2  (relative  to  insuring  against  silicosis 
and  other  occupational  pulmonary  dust  diseases).    (See  1939,  465  §  4.) 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extend- 
ing the  workmen's  compensation  law  by  making  void  certain  contracts 
or  agreements  in  the  nature  of  insurance  which  do  not  insure  the  pay- 
ment of  the  compensation  provided  for  by  said  law). 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect.  65  amended,  1935,  395;  1936,  162;  1937,  394;  revised,  1939, 
465  §  3.    (See  1939,  465  §  4.) 

Sects.  65A-65M  added,  1939,  489  (providing  for  the  equitable  dis- 
tribution of  rejected  risks  among  insurers  of  workmen's  compensation, 
and  the  pooling  of  losses  in  connection  with  such  risks). 

Sect.  69  revised,  1933,  318  §  7;  1936,  260;  amended,  1936,  403;  re- 
vised, 1939,  435;  last  sentence  revised,  1939,  468. 

Sect.  69A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth). 

Sect,  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation pavments  by  the  commonwealth). 

Sect.  73,  first  sentence  amended,  1936,  318  §  4;   1937,  336  §  23. 

Sect.  74  amended,  1939,  451  §  57. 

Sect.  75  revised,  1932,  19. 

Sects.  76-85  added,  1939,  465  §  1  (providing  workmen's  compensa- 
tion benefits  for  employees  in  the  granite  industry  contracting  silicosis 
and  other  occupational  pulmonarj^  dust  diseases).    (See  1939,  465  §  4.) 

Chapter  153.  —  Liability  of  Employers  to  Employees  for  Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387. 

Chapter  154.  —  Assignment  of  Wages. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
trade  union  or  craft  dues  or  obligations  from  the  operation  of  the  laws 
regulating  assignments  of  wages);  amended,  1939,  125. 

Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  9  amended,  1938,  327  §  1.     (See  1938,  327  §  2.) 

Sect.  10  amended,  1933,  11. 

Sect.  12A  added,  1938,  164  §  1  (making  permanent  certain  provi- 
sions of  law  authorizing  domestic  corporations  to  contribute  to  certain 
funds  for  the  benefit  of  social  and  economic  conditions).  (See  1938, 
164  §  2.) 


Chaps.  156-159A.]  GENERAL  LawS.  911 

Sect.  15  revised,  1939,  14. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds 
and  other  securities  of  corporations  to  their  employees);  repealed,  1938, 
445  §  13.  (See  1935,  297  §  3;  G.  L.  chapter  llOA  §  11  A,  inserted  by 
1938,  445  §  9.) 

Sect.  50  amended,  1933,  66. 

Sect.  50A  added,  1939,  456  §  1  (relative  to  the  dissolution  of  domes- 
tic corporations). 

Sect.  56,  first  sentence  revised,  1939,  456  §  2. 

Chapter  156.  —  Business  Corporations. 

Sect.  5  amended,  1939,  301  §  1. 

Sect.  6,  clause  (e)  amended,  1939,  15  §  1. 

Sect.  12,  form  of  certificate  revised,  1932,  67. 

Sect.  30  amended,  1937,  52. 

Sect.  41  revised,  1932,  136. 

Sect.  54  amended,  1932,  180  §  30. 

Chapter  157.  —  Co-operative  Corporations. 

Sect.  16,  last  sentence  amended,  1932,  180  §  31. 

Chapter  159.  —  Common  Carriers. 

Sect.  15,  paragraph  added  at  end,  1937,  247;  same  paragraph 
stricken  out,  1938,  155  §  2. 

Sect.  16A  added,  1938,  243  (relative  to  the  discontinuance  of  service 
by  railroads). 

Sect.  20  amended,  1939,  18.       • 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2. 

Sect.  61  amended,  1933,  326  §  3. 

Sect.  62  amended,  1933,  326  §  4. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1. 

Sect.  90  revised,  1936,  363  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4. 

Sect.  93  amended,  1936,  363  §  5. 

Sect.  94  amended,  1936,  363  §  6. 

Sect.  103  amended,  1933,  10. 

Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  headings,  "part  i",  "carriers  of  passen- 
gers BY  motor  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
property  by  motor  vehicle",  1933,  372  §  2  (regulating  carriers  of 
property  by  motor  vehicle).] 

Note  —  1933,  372  repealed  by  1934,  264  §  5. 


912  Changes  in  the  [Chaps.  159B-161. 

Sect.  IIA  added,  1939,  404  §  1  (placing  special  and  chartered  buses, 
so  called,  under  the  supervision  of  the  department  of  public  utilities). 
(See  1939,  404  §  2.) 

Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 

The  following  references  are  to  chapter  159B,  as  inserted  by  1934,  264  §  1: 

Sect.  2  revised,  1936,  345  §  1. 
Sect.  6  revised,  1936,  345  §  2. 
Sect.  7  revised,  1936,  345  §  3;  amended,  1938,  332. 
Sect.  8  affected,  1935,  24. 
Sect.  9  revised,  1936,  345  §  4. 
Sect.  10  revised,  1936,  345  §  5;   1937,  381. 

Sect.  lOA  added,  1936,  345  §  6  (prohibiting  rebates,  discrimination 
and  evasion  of  regulation  in  the  carrying  of  property  by  motor  vehicle). 
Sect.  13  amended,  1937,  122. 

Chapter  stricken  out,  and  new  chapter  159B  (with  same  title)  inserted, 
1938,  483  §  1.     (See  1938,  483  §§  2-5.) 

The  following  references  are  to  chapter  159B,  as  inserted  by  1938,  483  §  1: 

Sect.  7,  paragraph  (a)  revised,  1939,  171. 

Sect.  10,  paragraph  added  at  end,  1939,  306. 

Sect.  lOA  added,  1939,  322  (relative  to  replacing  lost  or  mutilated 
plates  and  lost  or  destroyed  certificates,  permits  and  licenses  issued  to 
carriers  of  property  by  motor  vehicle). 

Sect.  16A  added,  1939,  307  (giving  the  department  of  public  utilities 
authority  to  obtain  certain  information  of  persons  engaged  in  leasing 
motor  vehicles  for  the  transportation  of  property  for  hire) . 


Chapter  160.  —  Railroads. 

Sect.  70  amended,  1932,  238. 

Sect.  70A  revised,  1932,  236;  amended,  1934,  264  §  3. 
Sect.  104  revised,  1933,  176. 
Sect.  142  amended,  1938,  29. 
Sect.  198A.     See  1936,  267. 

Sect.  198B  added,  1936,  267  (prohibiting  the  scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 

Chapter  161.  —  Street  Railways. 

Name  of  Metropolitan  Transit  District  changed  to  Boston  Metro- 
politan District,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  public 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108;  further  extension  of  five  years  from  said  date, 
1938,  173. 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  Metropolitan  District, 
1933,235;   1934,334;   1935,451;   1936,308;  1937,357. 

Sect.  20A  amended,  1939,  28. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 


Chaps.  163,  164.]  GENERAL   LaWS.  913 

Sect.  44  amended,  1934,  264  §  4. 
Sect.  77  revised,  1934,  310  §  1. 
Sect.  86  revised,  1934,  310  §  2. 

Sect.  91A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 


Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  Hability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933,  294. 

Sect.  4  amended,  1938,  44. 

Sect.  14  amended,  1935,  222. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies). 

Sect.  31  amended,  1939,  301  §  2. 

Sect.  33  amended,  1932,  180  §  32. 

Sect.  34  amended,  1937,  235  §  1.     (See  1937,  235  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  pubHc 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  com- 
panies). 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  com- 
panies to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  filing  with  the  depart- 
ment of  pubhc  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affihated  companies). 

Sect.  94,  paragraph  in  lines  29-37  amended,  1939,  178  §  1.  (See 
1939,  178  §  2.) 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  con- 
tracts, purchases,  sales  or  obligations  or  other  arrangement  between 
gas  or  electric  companies  and  affiliated  companies,  and  the  burden  of 
proving  the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  delinquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  96  revised,  1939,  229  §  1. 

Sect.  102  revised,  1939,  229  §  2. 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115A  added,  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas);  amended,  1937,  40  §  1.  (See  1936,  259 
§§2,3;   1937,40  §§2,3.) 

Sect.  119  revised,  1934,  365. 

Sect.  119A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized) ;  revised,  1939, 145  §  1.  (See 
1936,  76  §  2;  1939,  145  §  2.) 


914  Changes  in  the  [Chaps.  165-167. 

Sect.  124  amended,  1935,  237,  376  §  2. 

Sect.  124A  added,  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 


Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 


Chapter   166.  —  Telephone  and  Telegraph   Companies,   and  Lines  for  the 
Transmission  of  Electricity. 

Sect.  12A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 

Sect.  15A  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 

Sect.  15B  added,  1939,  162  (authorizing  the  sale  and  transfer  of  prop- 
erty and  the  transfer  of  locations  by  domestic  telephone  and  telegraph 
companies  to  domestic  or  foreign  telephone  and  telegraph  companies 
and  validating  certain  locations  so  transferred). 

Sect.  21  amended,  1939,  161. 

Sect.  22,  second  paragraph  amended,  1932,  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires);   revised,  1933,  251. 


Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  authorizing  the  commissioner  of  banks  to  bor- 
row within  two  years  from  March  30th,  1932,  funds  for  the  payment 
of  dividends  in  liquidation  of  certain  closed  banks,  see  1932,  122;  time 
increased  to  four  years,  1934,  304;  time  further  increased  to  six  years, 
1936,  263;  act  amended,  1937,  371;  time  further  increased  to  eight 
years,  1938,  261;  time  further  increased  to  nine  years,  1939,  292. 

For  temporary  act,  operative  until  January  1st,  1938,  authorizing 
savings  banks  and  savings  departments  of  trust  companies  to  grant 
loans  on  proofs  of  claim  of  depositors  in  closed  savings  banks  and  in 
savings  departments  of  closed  trust  companies,  see  1932,  217. 

For  temporary  act,  facilitating  the  reorganization  of  certain  trust 
companies,  and  empowering  certain  holders  of  deposits  in  certain 
trust  companies  or  national  banking  associations  to  take  in  substitu- 
tion therefor  preferred  stock  thereof,  see  1933,  112;   1934,  3. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co- 
operate in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933, 
see  1933,  343. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;   1938,  125  §§  1,  2. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;   1936,  155;   1938,  244  §§  2-5. 


Chap.  168.]  GENERAL  LaWS.  915 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  Na- 
tional Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1, 
1939,  1937,  240;  further  extended  to  July  1,  1941,  1939,  241. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  1939,  98. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see,  1939,  515. 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251 ;   first  paragraph  amended,  1935,  452  §  2. 

Sect.  2A  added,  1933,  310  (improving  the  method  of  examination  of 
banks). 

Sect.  4  amended,  1934,  270  §  1. 

Sect.  5  revised,  1933,  337. 

Sect.  9  revised,  1939,  499  §  8. 

Sect.  11  revised,  1934,  270  §  2. 

Sect.  11 A  added,  1938,  266  §  1  (placing  all  corporations  conducted 
on  the  Morris  plan  under  the  supervision  of  the  commissioner  of  banks 
and  further  regulating  the  business  of  banking  companies). 

Sect.  12  revised,  1935,  452  §  3. 

Sect.  14  revised,  1933,  334  §  1. 

Sect.  17  repealed,  1933,  334  §  2. 

Sect.  20  amended,  1933,  190. 

Sect.  20A  added,  1933,  292  (permitting  certain  public  officers  to 
participate  in  certain  bank  reorganizations). 

Sects.  22-36.     See  1934,  43  §  11. 

Sect.  22.    See  1933,  59  §  5,  112  §  7. 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,  294;   1933,  41  §  4. 

Sect.  31A  added,  1933,  277  (authorizing  payment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of 
kin  of  certain  deceased  persons  without  probate  proceedings) ;  revised, 
1937,  170. 

Sect.  35.    See  1936,  428. 

Sect.  35A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  liquidation  of  certain 
banks). 

Sect.  36  amended,  1939,  451  §  58. 

Sect.  48  added,  1939,  244  §  6  (relative  to  payments  of  moneys  on 
deposit  in  the  name  of  a  minor). 


Chapter  168,  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  term  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1;  term  extended  to  twenty-five  years,  1939,  149  §  1. 

For  temporary  act,  operative  until  January  1,  1938,  authorizing 
savings  banks  and  savings  departments  of  trust  companies  to  grant 
loans  on  proofs  of  claim  of  depositors  in  closed  savings  banks  and  in 
savings  departments  of  closed  trust  companies,  see  1932,  217. 


916  Changes  in  the  [Chap.  168. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co- 
operate in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933, 
see  1933,  343. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 

1936,  149  §§  2-4;  1938,  125  §§  1,  2;   1939,  149  §§  2,  3. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;    amended  and  extended  to  July  1,  1939, 

1937,  240;  further  extended  to  July  1,  1941,  1939,  241. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  1939,  98. 

Sect.  1,  two  paragraphs  (defining  "deposit  book  [etc.]"  and  "savings 
bank")  added  at  end,  1933,  334  §  3. 

Sect.  2  revised,  1933,  334  §  4. 

Sect.  2A  added,  1933,  46  §  1  (authorizing  savings  banks  to  become 
members  of  the  Federal  Home  Loan  Bank  estabhshed  for  the  district 
of  New  England). 

Sect.  5.     See  1936,  143  §  2. 

Sect.  11  amended,  1933,  334  §  5. 

Sect.  13  amended,  1933,  334  §  6.     (See  1933,  41  §  1.) 

Sect.  17  revised,  1933,  334  §  7. 

Sect.  25  revised,  1933,  334  §  8. 

Sect.  25A  added,  1933,  334  §  8  (authorizing  the  collection  of  savings 
from  school  children  through  principals,  teachers,  etc.). 

Sect.  26  revised,  1933,  334  §  9. 

Sect.  27  amended,  1933,  334  §  10. 

Sect.  28  revised,  1933,  334  §  11. 

Sect.  29  amended,  1933,  334  §  12. 

Sect.  33 A  revised,  1933,  334  §  13. 

Sect.  34  revised,  1933,  334  §  14. 

Sect.  35  revised,  1933,  334  §  15. 

Sect.  45  amended,  1933,  334  §  16. 

Sect.  47  revised,  1933,  334  §  17. 

Sect.  49  amended,  1933,  334  §  18. 

Sect.  50  revised,  1933,  334  §  19. 

Sect.  51  revised,  1932,  245  §  1. 

Sect.  51A  revised,  1933,  334  §  20. 

Sect.  53  revised,  1933,  334  §  21. 

Sect.  54,  clause  First,  first  two  paragraphs  revised,  1933,  334  §  22; 
same  clause  revised.  1937,  180;  clause  Second,  subdivisions  (a),  (e)  and 
(/)  revised,  1933,  334  §  23;  subdivision  (h)  added,  1933,  334  §  24  (for- 
bidding investment  of  funds  in  bonds  or  notes  of  county,  etc.,  in  default, 
and  defining  term  "in  default");  subdivisions  (a),  (b),  (c)  and  (d) 
affected,  1939,  112  §  2;  clause  Third  affected,  1933,  111;  1934,  79; 
1935,  72  §§  1,  2;  1936,  84;  1937,  56;  1939,  87;  subdivision  (p)  of  clause 
Third  revised,  1936,  79;  clause  Fourth  amended,  1932,  112;  clause 
Sixth  A,  first  paragraph  amended,  1937,  96;  clause  Seventh,  first 
paragraph  amended,  1937,  87;  second  paragraph  revised,  1932,  220; 
clause  Ninth,  subdivision  (c),  paragraph  (2)  stricken  out,  1933,  334 
§  25;  subdivision  (e),  paragraphs  (2),  (3)  and  (5)  revised,  1933,  334 
I  26;  paragraph  (6)  amended,  1939,  244  §  5;  clause  Twelfth  amended. 


Chap.  170.]  GENERAL   LaWS.  917 

1937,  274  §  2;  clause  Sixteenth  affected,  1933,  111;  1934,  79;  1935, 
72  §§1,2;  1936,84;  1937,56;  1939,87. 

Sect.  55,  paragraph  added  at  end,  1933,  334  §  27  (authorizing  the 
continuing  of  the  offices  of  a  merged  savings  bank  as  branch  offices  of 
the  continuing  bank). 

Sect.  56  added,  1933,  41  §  1  (authorizing  savings  banks  to  purchase, 
loan  upon  or  participate  in  loans  upon  the  assets  of  certain  closed  and 
other  banks). 

Sect.  57  added,  1933,  334  §  28  (authorizing  savings  banks  to  become 
members  of  savings  bank  associations). 

Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  establishing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to  ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral 
further  regulated,  1935,  136;  term  further  extended  to  twentv-five 
years,  1938,  244  §  1;  refunds  to  member  banks  regulated,  1939,  227  §  1. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co-oper- 
ate in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933,  see 
1933,  343. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended, 
1935,76,80;  1936,155;  1938,  244  §§  2-5;  1939,  227  §§  2-5. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  Julv  1,  1939, 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241. 

For  temporary  act,  authorizing  co-operative  banks,  within  a  three- 
year  period,  to  make  loans  upon  real  estate  differing  from  ordinary 
co-operative  bank  loans,  see  1935,  191;  time  increased  to  six  years, 
1936,  203;  amended,  1937,  233;  time  further  increased  to  nine  years 
and  act  amended,  1938,  199. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;   1939,  98. 

For  temporary  act,  authorizing  co-operative  banks  to  borrow  from 
any  source  to  make  real  estate  loans,  see  1936,  195;  duration  of  act 
extended,  1938,  81;  further  extended  1939,  104. 

The  following  references  are  to  chapter  170,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  16  revised,  1932,  292  §  1. 

Sect.  19  amended,  1932,  292  §  2. 

Sect.  20A  added,  1932,  292  §  3  (authorizing  payment  to  spouse  or 
next  of  kin  without  administration  in  case  value  of  shares  does  not 
exceed  two  hundred  dollars). 

Sect.  36A  added,  1932,  292  §  4  (authorizing  and  regulating  borrow- 
ings to  meet  withdrawals  and  to  loan  against  shares). 

Sect.  40,  paragraph  added  at  end,  1932,  233  §  1. 

Sect.  41  amended,  1932,  233  §  2. 

Sect.  42  amended,  1932,  233  §  3. 

Sect.  45A  added,  1933,  46  §  2  (authorizing  co-operative  banks  to 
become  members  of  the  Federal  Home  Loan  Bank  established  for  the 
district  of  New  England). 


918  Changes  in  the  [Chap.  i71. 

Sect.  50  added,  1932,  201  (authorizing  co-operative  banks  to  become 
members  of  certain  leagues). 

Chapter  stricken  out  and  new  chapter  inserted,  1933,  144. 
The  following  references  are  to  the  new  chapter  170: 

Sect.  7  amended,  1938,  162  §  1. 

Sect.  12  amended,  1936,  196  §  1;   1938,  159. 

Sect.  16,  second  paragraph  revised,  1936,  196  §  2;   1938,  244  §  7. 

Sect.  25,  sentence  added  at  end,  1935,  174. 

Sect.  32A  added,  under  heading  "other  authorized  payments", 

1938,  197  (permitting  acceptance  of  certain  payments  by  co-operative 
banks) . 

Sect.  33  amended,  1935,  190. 

Sect.  34  amended,  1934,  203  §  1. 

Sect.  35,  last  paragraph  stricken  out,  1934,  203  §  2. 

Sect.  44,  second  paragraph  revised,  1936,  159. 

Sect.  47  revised,  1935,  75;   1936,  133. 

Sect.  50,  first  paragraph  amended,  1935,  54;   1937,  174. 

Sect.  50A  added,  under  caption  "conversion",  1935,  215  (estab- 
lishing the  procedure  to  be  followed  by  a  co-operative  bank  in  con- 
verting into  a  federal  savings  and  loan  association);  first  paragraph 
amended,  1938,  162  §  2;  second  and  third  paragraphs  revised,  1938, 
244  §  6. 

Chapter  171.  —  Credit  Unions. 

For  temporary  act,  estabhshing  the  Central  Credit  Union  Fund,  Inc., 
for    the    term    of   five   years,    see    1932,    216;    amended,    1934,   221; 

1939,  112  §  2.    Term  extended  to  ten  years,  1936,  70. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co-opemte 
in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933,  see  1933, 
343. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1.  1939. 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;   1939,  98. 

Sect.  3,  second  paragraph  revised,  1936,  323. 

Sect.  5  amended,  1939,  112  §  1. 

Sect.  15,  last  sentence  stricken  out,  and  paragraph  added  at  end, 
1933,  163  §  1;  new  paragraph  added,  1935,  272;  paragraph  added  by 
1935,  272  revised,  1936,  329. 

Sect.  19A  added,  1938,  239  (relative  to  the  hability  of  certain  en- 
dorsers upon  notes  held  by  credit  unions  and  authorizing  the  estabhsh- 
ment  of  contingent  funds  by  credit  unions). 

Sect.  20A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  unions). 

Sect.  21  amended,  1933,  163  §  2;   1937,  228. 

Sect.  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3. 

Sect,  29,  first  paragraph  revised,  1936,  139. 


Chap.  172.]  GENERAL   LaWS.  919 


Chapter  172.  —  Trust  Companies. 

For  temporary  act,  operative  until  January  1,  1938,  authorizing 
savings  banks  and  savings  departments  of  trust  companies  to  grant 
loans  on  proofs  of  claim  of  depositors  in  closed  savings  banks  and  in 
savings  departments  of  closed  trust  companies,  see  1932,  217. 

For  temporary  act,  facilitating  the  reorganization  of  certain  trust 
companies,  and  empowering  certain  holders  of  deposits  in  certain 
trust  companies  or  national  banking  associations  to  take  in  substitu- 
tion therefor  preferred  stock  thereof,  see  1933,  112;   1934,  3. 

For  temporary  act,  authorizing  banks  and  credit  unions  to  co-operate 
in  action  under  the  Federal  Home  Owners'  Loan  Act  of  1933,  see  1933, 
343. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1.  1939, 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;   amended,  1936,  405  §  2;    1939,  98. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939,  515. 

Sect.  1  revised,  1934,  349  §  1. 

Sect.  7,  clause  Fourth  revised,  1934,  349  §  2. 

Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 

Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 

Sect.  11  revised,  1934,  349  §  5. 

Sect.  12  revised,  1934,  349  §  6. 

Sect.  13  revised,  1934,  349  §  7. 

Sect.  14  revised,  1934,  349  §  8;   1935,  40;  amended,  1936,  143  §  1. 

Sect.  14A  added,  1934,  349  §  9  (relative  to  the  submission  of  a 
monthly  report  by  the  treasurer  of  a  trust  company  to  its  board  of 
directors) ;  subparagraph  3  stricken  out  and  subparagraphs  3  and  3A 
inserted,  1939,  244  §  1. 

Sect.  15  revised,  1934,  349  §  10. 

Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 

Sect.  18  revised,  1934,  349  §  12;  amended,  1935,  18. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end,  1937, 
248. 

Sect.  25  amended,  1934,  349  §  15. 

Sect.  26  amended,  1934,  349  §  16. 

Sect.  30A,  sentence  added  at  end,  1934,  349  §  17. 

Sect.  31  revised,  1934,  349  §  18;  last  sentence  amended,  1939,  124. 

Sect.  34  revised,  1934,  349  §  19;    1939,  244  §  2. 

Sect.  43  revised,  1934,  349  §  20. 

Sect.  44  revised,  1939,  187. 

Sect.  44A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks). 

Sect.  45  revised,  1934,  349  §  21;  amended,  1939,  244  §  3. 

Sect.  46  revised,  1934,  349  §  22;  amended,  1939,  244  §  4. 


920  Changes  in  the  [Chaps.  i72A,  175. 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;   1935,  172  §  1. 

Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 

Sect.  57  revised,  1934,  349  §  25. 

Sect.  60  amended,  1934,  349  §  26. 

Sect.  61  amended,  1933,  41  §  3. 

Sect.  62  amended,  1934,  349  §  27. 

Sect.  66  revised,  1932,  245  §  2. 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  payment  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  §  29. 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  80  revised,  1934,  349  §  31  (but  see  1934,  349  §  32). 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.    (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933, 
87  §  1. 

Sects.  83,  88.    See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 

Chapter  172A.  —  Banking  Companies. 

New  chapter  inserted,  1935,  452  §  4. 

Sect.  1  revised,  1938,  266  §  2. 

Sect.  1A  added,  1938,  266  §  3  (authorizing  certain  existing  corpora- 
tions to  vote  to  carry  on  the  business  of  a  banking  company  on  certain 
conditions). 

Sect.  2  amended,  1938,  266  §  4. 

Sect.  3  revised,  1938,  266  §  5. 

Sect.  4  amended,  1938,  266  §  6. 

Sect.  5,  first  paragraph  revised,  1938,  266  §  7. 

Sect.  6  revised,  1938,  266  §  9.  ' 

Sect.  7A  added,  1938,  266  §  8  (relative  to  the  carrying  and  disposi- 
tion by  certain  existing  corporations  of  certain  assets  not  authorized  as 
investments  after  they  become  subject  to  this  chapter). 

Chapter  175.  —  Insurance. 

For  temporary  act,  authorizing  insurance  companies,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1.  1939, 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  affected,  1939, 
359. 

For  temporary  act,  modifying  the  requirements  for  investments  in 
real  estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  1939, 
98. 


Chap.  175.]  GENERAL  LaWS.  921 

Sect.  1,  paragraph  added  after  word  "law"  in  the  fifty-second  Hne, 

1938,  306  (defining  "resident"  with  respect  to  the  incorporators,  officers 
and  directors  of  insurance  companies). 

Sect.  4,  first  paragraph  revised,  1938,  357  §  1;    fourth  paragraph 
amended,  1939,  472  §  4. 
Sect.  5  amended,  1933,  107  §  2. 
Sect.  6,  first  paragraph  amended,  1933,  107  §  3;    section  amended, 

1939,  472  §  1;    first  paragraph  amended,  1939,  488  §  2.     (See  1939, 
488  §  9.) 

Sect.  11,  first  paragraph  amended,  1934,  92  §  1;  third  paragraph 
amended,  1933,  5. 

Sect.  14  amended,  1939,  395  §  2. 

Sect.  16,  second  paragraph  amended,  1939,  395  §  3. 

Sect.  19A  amended,  1934,  137  §  2. 

Sect.  19B  added,  1939,  375  (authorizing  domestic  insurance  com- 
panies to  merge  or  consoHdate  with  foreign  insurance  companies  in  cer- 
tain cases). 

Sect.  22A  revised,  1935,  234;  last  paragraph  amended,  1938,  181. 

Sect.  25,  last  paragraph  of  Form  A  stricken  out,  1934,  12;  last  para- 
graph of  section  amended,  1934,  92  §  2. 

Sect.  29  revised,  1939,  167. 

Sect.  32  revised,  1938,  357  §  2. 

Sect.  36,  second  paragraph  revised,  1935,  140;  1936,  61;  two  para- 
graphs added  at  end,  1938,  218  §  1. 

Sect.  47,  clause  First  revised,  1938,  176;  clause  Fourth  revised,  1938, 
307;  clause  Seventh  amended,  1937,  261;  clause  Twelfth  revised,  1935, 
204. 

Sect.  49,  paragraph  inserted  after  second  paragraph,  1939,  15  §  2. 

Sect.  50,  third  sentence  amended,  1932,  180  §  33. 

Sect.  54,  clause  (e)  revised,  1939,  488  §  3.    (See  1939,  488  §  9.) 

Sect.  54A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards) ;   amended,  1938,  198. 

Sect.  64,  second  paragraph  amended,  1936,  213. 

Sect.  72  amended,  1936,  212. 

Sect.  73,  first  paragraph  revised,  1939,  300  §  1. 

Sect.  79  revised,  1933,  23  §  1. 

Sect.  80,  paragraph  inserted  after  the  word  "classified"  in  the 
twenty-third  line,  1936,  315. 

Sect.  87  repealed,  1934,  22. 

Sect.  90A  amended,  1939,  300  §  2. 

Sect.  90B  revised,  1933,  23  §  2. 

Sect.  93,  first  paragraph  revised.  1939,  488  §  1.     (See  1939,  488  §  9.) 

Sect.  93B  revised,  1939,  488  §  4.     (See  1939,  488  §  9.) 

Sect.  93C  revised,  1939,  488  §  5.     (See  1939,  488  §  9.) 

Sect.  93D  revised,  1939,  488  §  6.     (See  1939,  488  §  9.) 

Sect.  94,  first  two  paragraphs  stricken  out,  and  new  paragraph  in- 
serted, 1933,  81;  first  paragraph  amended,  1938,  218  §  2. 

Sect.  97  amended,  1933,  31. 

Sect.  99,  clause  Ninth  revised,  1934,  95. 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1.  (See 
1932,  174  §  2;   1934,  110  §  2.) 


922  Changes  in  the  [Chap.  175. 

Sect.  106  revised,  1932,  150  §  1;  amended,  1939,  400  §  1.  (See  1932, 
150  §  4.) 

Sect.  110,  sentence  added  at  end,  1939,  133. 

Sect.  IIOA  added,  1938,  401  (relative  to  exemption  of  the  benefits  of 
disability  insurance  from  attachment  and  execution). 

Sect.  HOB  added,  1939,  209  (relative  to  the  termination  or  lapsing  of 
certain  accident  and  health  policies  for  non-payment  of  premiums). 

Sect.  113A,  provision  (2)  amended,  1933,  119  §  1,  revised,  1933, 
145  §  1;  provision  (2A)  added,  1933,  145  §  2,  amended,  1935,  296  §  1; 
provision  (6)  revised,  1936,  272.     (See  1933,  145  §  3;   1935,  296  §  2.) 

Sect.  113B,  new  paragraph  added,  1935,  459  §  4.     (See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1 ;  sixth  paragraph  revised,  1933,  146  §  2,  amended, 
1934,  46;  first  sentence  of  sixth  paragraph  amended,  1938,  311;  para- 
graph added  at  end,  1933,  119  §  3;  paragraph  added  at  end,  1934,  379. 
(See  1933,  119  §  6,  146  §  3.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  liability  policies  or  bonds). 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  ve- 
hicle liability  policies  or  bonds,  so  called,  in  certain  cases);  first  para- 
graph amended,  1938,  351. 

Sect.  113G  added,  1939,  406  §  1  (relative  to  the  relations  of  ofl^cers, 
directors  and  employees  of  certain  domestic  insurance  companies  with 
certain  insurance  agencies  and  finance  companies).    (See  1939,  406  §  2.) 

Sect.  114  amended,  1932,  180  §  34;  1939,  225. 

Sect.  116A  amended,  1932,  180  §  35. 

Sect.  117A,  first  paragraph  amended,  1938,  216  §  1;  heading  before 
section  117A  stricken  out  and  ''marine  and  automobile  and  sprinkler 
LEAKAGE  INSURANCE"  inserted,  1938,  216  §  2. 

Sects.  125,  126.     See  1933,  42. 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1. 

Sect.  133,  clause  (6)  amended,  1938,  362  §  2;  clause  (c)  added,  1938, 
362  §  1. 

Sect.  134,  sentence  added  at  end  of  provision  numbered  4,  1938, 
362  §  3;  said  provision  revised,  1939,  170;  last  paragraph  stricken  out 
and  three  new  paragraphs  inserted,  1938,  362  §  4. 

Sect.  140,  third  paragraph  amended,  1933,  101  §  2. 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3;  first  three  para- 
graphs stricken  out  and  four  new  paragraphs  inserted,  1938,  209  §  1. 
(See  1938,  209  §  3.) 

Sect.  147  amended,  1938,  209  §  2. 

Sect.  147B  added,  1935,  232  (requiring  foreign  life  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  policies  of  industrial  life  insurance  issued  in  the 
commonwealth). 

Sect.  151,  clause  Second  amended,  1933, 107  §  1;  clause  Second,  sub- 
division (3)  (c)  revised,  1939,  488  §  7;  clause  Second,  subdivision  (3) 
(/)  revised,  1939,  488  §  8.    (See  1939,  488  §  9.) 

Sect.  155,  clause  First  revised,  1932,  150  §  2,  amended,  1939,  400  §2. 
(See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30. 

Sect.  157,  paragraph  added  at  end,  1939,  315, 


Chaps.  176,  176A.]  GENERAL   Laws.  923 

Sect.  160A  added,  1933,  25  §  1  (prohibiting  the  printing  or  pubhca- 
tion  of  certain  advertisements  for  or  on  behalf  of  unhcensed  insurance 
companies). 

Sect,  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  pubUsh  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies). 

Sect.  164A  added,  1938,  225  (providing  that  no  insurance  agent  shall 
be  charged  with  a  decrease  or  deduction  from  his  commission  or  salary 
on  account  of  industrial  life  insurance  policies  lapsed  or  surrendered 
after  being  paid  on  for  three  vears). 

Sect.  167A  amended,  1934,"  137  §  3;   1937,  260. 

Sects.  177A-177D  added,  1939,  395  §  1  (defining  and  providing  for 
the  licensing  of  insurance  advisers). 

Sect.  179,  sentence  added  at  end,  1939,  472  §  2. 

Sect.  180A  stricken  out,  and  new  sections  180A-180L  inserted,  1939, 
472  §  3  (relative  to  the  rehabilitation,  conservation  and  liquidation  of 
certain  domestic  and  foreign  insurers). 

Sect.  181  revised,  1934,  160;  amended,  1939,  395  §  4. 

Sect.  184  amended,  1937,  103. 

Sect.  185,  first  paragraph  amended,  1939,  400  §  3;  second  paragraph 
revised,  1932,  150  §  3. 

Sect.  187C,  first  paragraph  amended,  1934,  34;  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instalments). 


Chapter  176.  —  Fraternal  Benefit  Societies. 

Sect.  4  amended,  1939,  139. 

Sect.  5  amended,  1933,  25  §  2;   1934,  14  §  2. 

Sect.  16  amended,  1938,  93. 

Sect.  19A  added,  1939,  236  §  1  (relating  to  the  granting  of  annuities 
by  certain  fraternal  benefit  societies). 

Sect.  21  amended,  1934,  170;  revised,  1937,  79;  amended,  1939,  236 
§2. 

Sect.  23  amended,  1932,  46;   1938,  94. 

Sect.  25  revised,  1938,  157. 

Sect.  40,  first  two  sentences  amended,  1932.  180  §  36. 

Sect.  41  amended,  1939,  168. 

Sect.  45,  second  sentence  amended,  1939,  254  §  1 ;  second  paragraph 
amended,  1932,  104. 

Sect.  46,  fifth  paragraph  amended,  1939,  254  §  2. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 
confirming  title  to  such  property  heretofore  acquired  by  certain  of 
such  societies). 

Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations, 

New  chapter  inserted,  1936,  409, 

Sect.  2,  second  sentence  amended,  1939,  312  §  7. 

Sect,  3  amended,  1939,  312  §  1. 


824  Changes  in  the  [Chaps.  178-185. 

Sect.  4  amended,  1939,  312  §  2. 

Sect.  5  revised,  1939,  312  §  3. 

Sect.  7  amended,  1939,  312  §  4. 

Sect.  9  revised,  1939,  312  §  5. 

Sect.  11  added,  1939,  312  §  6  (relative  to  the  payment  of  salaries, 
compensation  or  emoluments  by  certain  non-profit  hospital  service  cor- 
porations) . 

Chapter  178.  —  Savings  Bank  Life  Insurance. 

Sect.  10  amended,  1935,  330  §  1. 
Sect.  11  amended,  1935,  330  §  2. 

Sect.  11 A  added,  1935,  330  §  3  (relative  to  non-payment  of  pre- 
miums on  annuity  and  certain  other  contracts). 
Sect.  15  amended,  1935,  330  §  4;   1936,  285  §  1. 
Sect.  17  revised,  1935,  330  §  5;   1939,  391  §  1.    (See  1939,  391  §  2.) 
Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 
Sect.  26  revised,  1932,  103. 
Sect.  29  amended,  1936,  285  §  3. 
Sect.  30  amended,  1936,  285  §  4. 


Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  5  amended,  1934,  328  §  21. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1. 

Sect.  11  revised,  1937,  151  §  2. 

Sect.  12A  amended,  1935,  246. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  filing  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations).  (See  1933, 
236  §  2.) 

Sect.  27  amended,  1934,  328  §  22. 

Chapter  183.  —  Alienation  of  Land. 

Sect.  43  amended,  1937,  101  §  1. 
Sect.  44  amended,  1937,  101  §  2. 

Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  13  amended,  1937,  112;  revised,  1937,  245  §  1.  (See  1937, 
245  §  2.) 

Sect.  17A  added,  1939,  270  (relative  to  the  effect  of  agreements  for 
the  purchase  and  sale  of  real  estate). 

Chapter  185.  —  The  Land  Court  and  Registration  of  Title  to  Land. 

Sect.  1,  clause  (6)  revised,  1935,  318  §  3;  clause  (c)  revised,  1935, 
318  §  4;  clause  (jH)  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);  clause  {k)  revised,  1934,  67  §  1;  clauses  (l)  and  (m) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 


Chaps.  188-197.]  GENERAL   LaWS.  925 

current  with  supreme  judicial  and  superior  courts  of  certain  suits  in 

equity);    paragraph  in  hnes  44-50,  inclusive,  revised,  1937,  183  §  1. 

(See  1934,  67  §  2;   1935,  318  §  8;   1937,  183  §  2.) 
Sect.  2  amended,  1937,  409  §  3.    (See  1937,  409  §  7.) 
Sect.  2A  repealed,  1937,  409  §  4.    (See  1937,  409  §  7.) 
Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 

to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 
Sect.  40  amended,  1937,  118. 
Sect.  78  amended,  1937,  144  §  1.     (See  1937,  144  §  2.) 

Chapter   188.  —  Homesteads. 

Sect.  1  amended,  1939,  32  §  1.    (See  1939,  32  §  5.) 
Sect.  9  amended,  1939,  32  §  2.    (See  1939,  32  §  5.) 

Chapter  189. —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.    (See  1936,  91  §  2.) 

Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 
Sect.  7.     See  1937,  408  §  3. 

Chapter  193.  —  Appointment  of  Administrators. 

Sect.  3  amended,  1938,  328. 


Chapter  194.  —  Public  Administrators. 

Sect.  7  revised,  1933,  100. 

Sect.  9,  last  sentence  amended,  1932,  180  §  38;    section  affected, 
1932,  180  §  45. 
Sect.  10.     See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.     (See  1933,  221  §  8.) 
Sect.  8  amended,  1933,  221  §  2.     (See  1933,  221  §  8.) 

Chapter  196.  —  Allowances  to  Widows  and  Children,  and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 

Chapter  197.  —  Payment  of  Debts,  Legacies  and  Distributive  Shares. 

Sect.  2  amended,  1933,  221  §  3.     (See  1933,  221  §  8.) 

Sect.  2A  added,  1939,  298  (establishing  limitations  applicable  to  suits 

against,  and  regulating  the  payments  of  debts  by,  administrators  de 

bonis  non). 

Sect.  9  amended,  1933,  221  §  4.     (See  1933,  221  §  8.) 


926  Changes  in  the  [Chaps.  201-207. 


Chapter  201.  —  Guardians  and  Conservators. 

Sect.  13,  new  sentence  added  at  end,  1934,  204  §  1. 

Sect.  18,  new  sentence  added  at  end,  1934,  204  §  2. 

Sect.  30  amended,  1939,  57. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  of 
minors  under  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  47 A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  poHcies  and  annuity  con- 
tracts). 

Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Executors, 
Administrators,  Guardians  and  Conservators. 

Sect.  4A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof) . 

Sect.  14  amended,  1934,  157  §  1. 

Sect.  20  revised,  1933,  221  §  5.     (See  1933,  221  §  8.) 

Chapter  203.  —  Trusts. 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by 
foreign  testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.     (See  1936,  184  §  2.) 

Sect.  25A  added,  under  the  heading  "purchase  of  insurance 
policies  or  annuity  contracts",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  policies  and  annuity  contracts). 

Chapter  204.  —  General  Provisions  relative  to  Sales,  Mortgages,  Releases, 
Compromises,  etc.,  by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.     (See  1933,  221  §  8.) 

Chapter  206.  —  Accounts   and   Settlements   of    Executors,   Administrators, 
Guardians,   Conservators,  Trustees  and   Receivers. 

Sect.  17  amended,  1936,  208. 
Sect.  19  repealed,  1938,  154  §  2. 
Sect.  23  repealed,  1938,  154  §  2. 
Sect.  24  revised,  1938,  154  §  1. 

Chapter  207.  —  Marriage. 

Sect.  20  amended,  1933,  127.    ' 

Sect.  20A  added,  1939,  269  §  3  (relative  to  the  duties  of  city  and 
town  clerks  in  the  case  of  the  filing  of  notices  of  intention  of  marriage  of 
pregnant  females). 

Sect.  30  amended,  1937,  11  §  1.     (See  1937,  11  §  2.) 

Sect.  38  revised,  1932,  162. 

Sect.  47A  added,  under  heading  "breach  of  contract  to  marry 
not  actionable",  1938,  350  §  1  (aboHshing  causes  of  action  for  breach 
of  contract  to  marry).     (See  1938,  350  §  3.) 


Chaps.  208-214.]  GENERAL   LaWS.  927 


Chapter  208.  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.     (See  1937,  76  §  2.) 

Sect.  19  revised,  1932,  3. 

Sect.  21,  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2.) 

Sect.  33  revised,  1936,  221  §  1.     (See  1936,  221  §  2.) 

Sect.  38  revised,  1933,  288. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  21  amended,  1939,  32  §  3.    (See  1939,  32  §  5.) 
Sect.  32,  sentence  added  at  end,  1938,  136. 
Sect.  33  revised,  1933,  360. 

Chapter  211.  —  The  Supreme  Judicial  Court. 

Sect.  11  revised,  1933,  300  §1.     (See  1933,  300  §  4.) 
Sect.  19  revised,  1938,  115  §  1. 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  January  1,  1941,  the  operation  of 
certain  provisions  of  law  (1923,  469,  as  amended,)  relative  to  the  more 
prompt  disposition  of  criminal  cases  in  the  superior  court,  see  1937, 358; 
further  extended  to  December  31,  1941,  1939,  398. 

For  act  relative  to  sittings  and  sessions  of  the  superior  court,  see 
1932,  144.    (For  prior  temporary  legislation,  see  1927,  306;   1928,  228.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation, 
see  1927,  306;   1928,  228.) 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  establishing  of 
sessions  and  sittings  of  the  superior  court).  (For  prior  temporary 
legislation,  see  1927,  306;   1928,  228.) 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  22  amended,  1934,  287. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved).  (See 
1935,  229  §  2.) 

Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sects.  1A  and  IB  added,  1939,  257  §  1  (granting  to  the  superior  court 
jurisdiction  of  certain  extraordinary  writs  and  certain  other  matters, 
concurrently  with  the  supreme  judicial  court).    (See  1939,  257  §  2.) 

Sect.  6  amended,  1932,  144  §  5. 

Chapter  214.  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 
and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.     (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 
Sect.  2.    Affected,  1939,  257  §  2. 


928  Changes  in  the  [Chaps.  215-218. 

Sect.  3,  clause  (12)  added  at  end,  1939,  194  §  1. 

Sect.  9  amended,  1934, 381;  1935,  407  §  3.  (See  1935,  407  §  6;  1937, 
436  §  10;   G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  9A  added,  1935,  407  §  4  (limiting  authority  of  courts  to  grant 
injunctive  relief  in  cases  involving  or  growing  out  of  labor  disputes). 
(See  1935,  407  §  6;  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2.) 

Chapter  215.  —  Probate  Courts. 

Sect.  6  amended,  1933,  237  §  1 ;  revised,  1937,  257;  amended,  1939, 
194  §  2. 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments in  the  probate  courts  as  to  the  meaning  of  written  instruments). 
(See  1935,  247  §  2.) 

Sect.  3bA  amended,  1934,  330. 

Sect.  61  repealed,  1939,  65  §  1.    (See  1939,  65  §  2.) 

Sect.  62,  paragraph  in  lines  17-20  revised,  1932,  107;  1936,  241; 
paragraph  in  Hnes  29-33  revised,  1934,  24;  paragraph  in  lines  34-37 
amended,  1934,  54;  same  paragraph  revised,  1934,  175  §  1;  paragraph 
in  lines  45-51  revised,  1935,  132;  paragraph  in  lines  56  and  57  revised, 
1933,  274.     (See  1934,  175  §  2.) 

Chapter  217.  —  Judges  and  Registers  of  Probate  and  Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 

Sect.  1  amended,  1935,  434  §  1. 

Sect.  2  amended,  1934,  290;   1935,  434  §  2. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.    (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.     (See  1937,  408  §§  3,  9.) 

Sect.  8  revised,  1937,  408  §  5.    (See  1937,  408  §  9.) 

Sect.  24A  revised,  1939,  392. 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1.  (See 
1935,  313  §  3;   1936,  252  §  2.) 

Sect.  31A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  34  revised,  1937,  408  §  1.    (See  1937,  408  §  9.) 

Sect.  38  repealed,  1937,  408  §  2. 

Sect.  40  revised,  1937,  408  §  6.     (See  1937,  408  §  9.) 

Sect.  41  amended,  1937,  408  §  7.     (See  1937,  408  §§  8,  9.) 

Chapter  218.  —  District  Courts. 

For  act  further  extending  to  January  1,  1941,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended,)  authorizing  certain 
justices  of  district  courts  to  sit  in  criminal  cases  in  the  superior  court, 
see  1937,  358;   further  extended  to  December  31,  1941,  1939,  398. 

Sect.  1,  first  paragraph  under  caption  "Franklin"  revised,  1932, 
87  §  1;  section  amended,  1939,  451  §  59. 

*  Void  for  non-acceptance. 


Chaps.  219-221.]  GENERAL   LawS.  929 

Sect.  8  revised,  1936,  282  §  1.    (See  1936,  282  §  3.) 

Sect.  9,  sentence  added  at  end,  1934,  217  §  1. 

Sect.  10  amended,  1932,  160  §  1;  1937,  297  §  1;  1938,  193  §  1;  last 
paragraph  revised,  1938,  222  §  1.  (See  1937,  297  §  2;  1938,  193  §  2, 
222  §  2.) 

Sect.  13  revised,  1937,  59;  first  paragraph  stricken  out,  1939,  157  §  1. 
(See  1939,  157  §  4.) 

Sect.  15  revised,  1939,  230  §  1,  347  §  1.    (See  1939,  230  §  2.) 

Sect.  16  revised,  1937,  219  §  3;   1939,  214  §  5. 

Sect.  19  amended,  1934,  387  §  1.    (See  1934,  387  §  5.) 

Sect.  22  amended,  1937,  310. 

Sect.  26  revised,  1937,  301  §  1;  1938,  365  §  1.  (See  1937,  301  §  2; 
1938,  365  §  2.) 

Sect.  29  amended,  1932,  55. 

Sect.  38,  second  sentence  revised,  1939,  347  §  2. 

Sect.  43  amended,  1939,  347  §  3. 

Sect.  43A,  first  paragraph  amended,  1938,  324. 

Sect.  53,  paragraph  added  after  the  first  paragraph,  1936,  230. 

Sect.  58  revised,  1936,  282  §  2.    (See  1936,  282  §  3.) 

Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 

1935,  71  §  1;   1937,  298;  revised,  1939,  305.    (See  1935,  71  §  2.) 
Sect.  63  revised,  1935,  341. 

Sect.  76  amended,  1932,  269  §  1;    1935,  366  §  1;    1937,  378  §  1; 
revised,  1939,  451  §  60.     (See  1935,  366  §  3.) 
Sect.  77  revised,  1937,  294. 
Sect.  80,  sentence  added  at  end,  1935,  366  §  2;    section  amended, 

1936,  229  §  1;   1937,  378  §  2.    (See  1935,  366  §  3;   1936,  229  §  2.) 
Sect.  81  revised,  1939,  296  §  1.    (See  1939,  296  §  3.) 

Chapter  219.  —  Trial  Justices. 

Sect.  28  amended,  1934,  328  §  23. 

Chapter  220.  —  Courts  and  Naturalization. 

Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 
trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 
courts  in  labor  dispute  cases).  (See  1935,  407  §  6;  1937, 436  §  10;  G.  L. 
150A  §  6(h)  inserted  by  1938,  345  §  2.) 

Sect.  14A  added,  1936,  206  §  1  (relative  to  the  time  within  which 
certain  justices  shall  render  their  decisions).    (See  1936,  206  §  2.) 

Sects.  16  and  17  repealed,  1932,  144  §  3. 

Sect.  19  repealed,  1932,  16. 

Chapter  221.  —  Clerks,   Attorneys  and   Other  Officers  of  Judicial   Courts. 

Sect.  4  amended,  1935,  89  §  1;    1937,  158  §  1.     (See  1935,  89  §  2; 

1937,  158  §  2.) 

Sect.  5  amended,  1932,  51. 

Sect.  12  revised,  1937,  219  §  4;   1939,  214  §  6. 

Sect.  24  revised,  1936,  31  §  3. 

*  Void  for  non-acceptance. 


930  Changes  in  the  [Chaps.  223-229. 

Sect.  27  revised,  1939,  157  §  2.     (See  1939,  157  §  4.) 

Sect.  27A  added,  1939,  157  §  3  (relative  to  the  disposal  of  certain 
obsolete  and  useless  papers  of  courts).     (See  1939,  157  §  4.) 

Sect.  43  revised,  1939,  197  §  1. 

Sects.  44A  and  44B  added,  1939,  197  §  2  (prohibiting  employees  and 
other  persons  connected  with  hospitals  from  furnishing  certain  infor- 
mation about  certain  personal  injury  cases  to  attorneys  at  law). 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals 
not  members  of  the  bar  from  practising  law  or  attempting  so  to  do 
and  providing  a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  53  amended,  1939,  151. 

Sect.  58  amended,  1932,  40  §  1. 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  63  amended,  1939,  6  §  1.     (See  1939,  6  §§  2,  3.) 

Sect.  73  revised,  1935,  182  §  2;  stricken  out  and  new  sections  73  and 
73A  inserted,  1938,  347  §  2.    (See  1935,  182  §§  5,  6;   1938,  347  §  3.) 

Sect.  76  revised,  1935,  182  §  3;  first  sentence  stricken  out  and  two 
new  sentences  added,  1939,  258  §  1 ;  second  and  third  sentences  revised, 
1939,  165  §  2.     (See  1935,  182  §§  5,  6;    1939,  165  §  3,  258  §  2.) 

Sect.  80  amended,  1935,  182  §  4.     (See  1935,  182  §  6.) 

Sect.  94,  first  sentence  amended,  1932,  180  §  39. 

Chapter  223,  —  Commencement  of  Actions,  Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2.     (See  1934,  387  §  5.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two 
or  more  actions  arising  out  of  the  same  motor  vehicle  accident  pending 
in  district  courts).    (See  1935,  483  §§  2,  3.) 

Sect.  24  amended,  1938,  115  §  2. 

Sect.  38  amended,  1939,  451  §  61. 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment 
of  motor  vehicles  on  mesne  process  in  actions  of  contract). 

Sect.  48  revised,  1937,  308;  amended,  1938,  348  §  1.  (See  1938, 
348  §  2.) 

Sect.  114  amended,  1938,  325  §  1.     (See  1938,  325  §  2.) 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7;    revised,  1937,  406  §  1.     Affected, 
1938,  16.     (See  1933,  221  §  8.) 

Chapter  229.  —  Actions  for  Death  and  Injuries  Resulting  in  Death. 

Sect.  5  amended,  1937,  406  §  3. 

Sect.  5A  added,  1938,  278  §  1  (to  permit  recovery  in  certain  death 
cases  notwithstanding  that  the  death  of  the  tortfeasor  occurred  before 
that  of  the  person  whose  death  he  caused).     (See  1938,  278  §  2.) 

Sect.  6  amended,  1939,  451  §  62. 


Chaps.  230,  233.]  GENERAL  LawS.  931 


Chapter  230.  —  Actions  By  and  Against  Executors  and  Administrators. 

Sect.  5  amended,  1934,  116. 

Chapter  231.  —  Pleading  and  Practice. 

Sect.  6A  added,  1939,  372  §  1  (relative  to  the  recovery  of  certain 
medical  expenses  by  the  husband  of  a  married  woman  or  the  parent  or 
guardian  of  a  minor,  in  actions  to  recover  for  personal  injuries  by 
married  women  and  minors).     (See  1939,  372  §  2.) 

Sect.  7,  clause  Sixth  revised,  1939,  67  §  1.     (See  1939,  67  §  2.) 

Sect.  55  amended,  1935,  318  §  6.     (See  1935,  318  §  8.) 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 
FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 
advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1.     (See  1932,  177  §  2.) 

Sect.  73  repealed,  1932,  180  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).     (See 

1933,  247  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  liabiHty  bonds).     (See  1937,  439  §  2.) 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle);   amended,  1937,  133  §  1;   revised,  1938,  338  §  1.     (See 

1934,  387  §  5;    1937,  133  §  2;    1938,  338  §  2.) 

Sect.  108,  second  paragraph  revised,  1939,  382;  second  sentence  of 
third  paragraph  revised,  1933,  255  §  1.     (See  1933,  255  §  2.) 

Sect.  115  amended,  1939,  451  §  63. 

Sect.  133  amended,  1933,  300  §  2.     (See  1933,  300  §  4.) 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 
accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action). 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4. 
(See  1933,  300  §  4;   1934,  387  §  5.) 

Sect.  142  amended,  1935,  318  §  7.     (See  1935,  318  §  8.) 

Sect.  145  amended,  1939,  451  §  64. 

Sect.  147,  Form  8  repealed,  1938,  350  §  2. 

Chapter  233.  —  Witnesses  and  Evidence. 

Sect.  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other 
assistant  in  his  department). 

Sect.  8  amended,  1933.  269  §  3,  376  §  3, 


932  Changes  in  the  [Chaps.  234-250. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law 
securing  the  attendance  of  witnesses  from  without  a  state  in  criminal 
proceedings).     (See  1937,  210  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  26  amended,  1932,  71  §  1. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932,  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Sect.  76A  added,  1938,  213  §  1  (relative  to  the  use  of  authenticated 
copies  of  certain  papers  and  documents  filed  with  the  federal  securities 
and  exchange  commission).     (See  1938,  213  §  2.) 

Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;   1936,  25.    (See  1935,  257  §  12.) 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.    (See  1936,  161  §  3.) 

Chapter  236.  —  Levy  of  Executions  on   Land. 

Sect.  18  revised,  1939,  32  §  4.     (See  1939,  32  §  5.) 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declaratory  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations) . 

Chapter  246.  —  Trustee  Process. 

Sect.  1  revised,  1938,  303  §  1.     (See  1938,  303  §  2.) 
Sect.  28  temporarily  affected,   1934,  74;    revised,   1935,  410   §   1. 
(See  1935,  410  §§  2,  3.) 
Sect.  32,  paragraph  added  at  end,  1938,  343. 

Chapter  249.  —  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sect.  5  amended,  1938,  202. 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.    (See  1933,  244  §  2.) 


Chaps.  255-262.]  GENERAL   LaWS.  933 


Chapter  255.  —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1.  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions) . 

Sect.  3  amended,  1935,  86  §  2. 

Sects.  7A-7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of 
crops  and  certain  other  classes  of  personal  property). 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles).    (See  1935,  348  §  2.) 

Sects.  11-13A  revised,  1939,  509  §  1. 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Sect.  13C  revised,  1938,  367. 

Sects.  13C  and  13D  stricken  out,  and  new  sections  13C-13G  inserted, 
1939   509  §  2 

Sect.  35  amended,  1938,  83  §  1.     (See  1938,  83  §  2.) 

Chapter   255A.  —  Trust    Receipts   and    Pledges   without    Possession    in    the 

Pledgee. 

New  chapter  inserted,  1936,  264. 

Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41. 

Chapter  260.  —  Limitation  of  Actions. 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9.  (See 
1933,  318  §  9;  1934,  291  §  6;  1937,  385  §  10.) 
Sect.  10,  sentence  added  at  end,  1937,  406  §  2. 

Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.     (See  1937,  44  §  2.) 

Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  2  revised,  1939,  345  §  1.     (See  1939,  345  §  3.) 

Sect.  4,  seventh  paragraph  amended,  1937,  188;  seventh  to  tenth 
paragraphs  stricken  out,  1939,  345  §  2.     (See  1939,  345  §  3.) 

Sect.  5  amended,  1933,  201. 

Sect.  25  amended,  1933,  162;   1934,  141. 

Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21. 

Sect.  34A  added,  1938,  380  (authorizing  the  charging  of  certain  fees 
by  city  and  town  clerks  or  registrars  for  the  expense  of  the  examination 
or  copying  by  them  of  records  of  births,  marriages  and  deaths). 


934  Changes  in  the  [Chaps.  263-268. 

Sect.  38,  second  paragraph  amended,  1937,  97. 

Sect.  39,  paragraph  added  at  end,  1939,  13. 

Sect.  40  revised,  1934,  324  §  1.    (See  1934,  324  §  2.) 

Sect.  46A  added,  1938,  232  (to  provide  for  furnishing  without  charge 
copies  of  records  relating  to  soldiers,  sailors  and  marines  in  certain 
cases). 

Sect.  53  amended,  1936,  251. 

Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 
charged  with  crimes  not  punishable  by  death  by  permitting  them  to 
waive  indictment  proceedings). 

Sect.  6  amended,  1933,  246  §  1.    (See  1933,  246  §  2.) 

Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;  amended,  1933,  153  §  3;   1934,  56. 
Sect.  lOA  revised,  1933,  276. 

Chapter  265.  —  Crimes  against  the  Person. 

Sect.  25  revised,  1932,  211. 
Sect.  26  amended,  1934,  1. 

Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1. 

Sect.  2  revised,  1932,  192  §  2. 

Sects.  3  and  4  repealed,  1932,  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (defining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised,  1932,  192  §  6. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  22  amended,  1935,  365. 

Sect.  37  revised,  1937,  99. 

Sect.  52  amended,  1934,  270  §  3. 

Sect.  54.    See  1933,  59  §  3. 

Sect.  70  amended,  1933,  245  §  4;   1939,  144  §  2. 

Sects.  75A  and  75B  added,  1932,  11  (penahzing  the  fraudulent 
operation  of  slot  machines,  coin-box  telephones  and  other  coin  re- 
ceptacles, and  the  manufacture  and  sale  of  devices  intended  to  be 
used  in  such  operation) . 

Sect.  94  amended,  1939,  451  §  65. 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers). 

Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jury  service). 
Sect.  16  revised,  1934,  344. 


Chaps.  269-272.]  GENERAL  LaWS.  935 

Sect.  26  amended,  1934,  328  §  24. 
Sect.  27  amended,  1934,  328  §  25. 
Sect.  29  amended,  1934,  328  §  26. 
Sect.  33  amended,  1935,  440  §  44. 

Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1.  (See 
1936,  227  §  2;    1937,  250  §  2.) 

Sect.  lOB  added,  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns) . 

Sects.  UA-llD  added,  under  caption  "tampering  with  identify- 
ing NUMBERS  OF  CERTAIN  FIREARMS ",  1937,  199  (relative  to  certain 
firearms  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obhterated  or  mutilated). 

Chapter  270.  —  Crimes  against  Public  Health. 

Sect.  5  amended,  1934,  328  §  27. 

Chapter  271.  —  Crimes  against  Public  Policy. 

Sect.  6A  added,  1938,  144  (making  certain  endless  chain  transactions 
subject  to  the  laws  relative  to  lotteries). 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283. 

Sect.  23  amended,  1934,  235  §  3,  303  §1. 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 

Chapter  272.  —  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  25  revised,  1933,  376  §  4. 

Sect.  26  amended,  1939,  451  §  66. 

Sect.  28  amended,  1934,  231. 

Sect.  66  amended,  1939,  451  §  67. 

Sects.  79A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See 
1934,  234  §  2.) 

Sect.  80  repealed,  1934,  234  §  1.     (See  1934,  234  §  2.) 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationality  by  places  of  public  accommodation,  resort  or 
amusement). 

Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138. 

Sect.  98A  added,  1938,  155  §  1  (entithng  Wind  persons  accompanied 
by  "seeing  eye"  dogs,  so  called,  to  certain  accommodations,  advantages, 
etc.). 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 


936  Changes  in  the  [Chaps.  273-277. 


Chapter  273.  —  Desertion,  Non-Support  and  Illegitimacy. 

Sect.  1  amended,  1939,  177  §  1.     (See  1939,  177  §  2.) 
Sect.  2  amended,  1933,  224. 
Sect.  9  repealed,  1938,  219  §  1. 
Sect.  10  revised,  1938,  219  §  2. 
Sects.  20-22.    See  1937,  440  §  2. 

Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 

Chapter  276,  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Eleventh 
amended,  1934,  235  §  1. 

Sect.  3  amended,  1934,  340  §  15.     (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants) . 

Sect.  7  amended,  1934,  235  §  2. 

Sects.  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  fresh  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 

Sects.  11-20  and  caption  "fugitives  from  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
INTERSTATE  RENDITION",  1937,  304  §  1.     (See  1937,  304  §§  2,  3.) 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of 
counsel  to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at 
his  preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277,  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  57  paragraph  added  at  end,  1939,  299  §  4. 

Sect.  83  revised,  1936,  360;   amended,  1937,  186. 

Sect.  84  revised,  1937,  219  §  5;   1939,  214  §  7. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2. 

Sect.  90  amended,  1938,  174  §  3. 

Sect.  94  amended,  1939,  155;  revised,  1939,  296  §  2.  (See  1939, 
296  §  3.) 

Sect.  98  amended,  1932,  145. 

Sect.  101  amended,  1936,  30  §  1.    (See  1936,  30  §  2.) 

Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.  (See  G.  L.  chapter  276 

§  37A,  inserted  by  1932,  180  §  43.) 
Sect.  50  repealed,  1936,  161  §  1.  (See  1936,  161  §  3.) 
Sect.  65  amended,  1936,  161  §  2.  (See  1936,  161  §  3.) 
Schedule  of  forms  of  pleadings  at  end  of  chapter  amended, 

1934,  328  §  29. 


Ghaps.  278-280.]  GENERAL   LawS.  937 


Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  25  amended,  1937,  311. 

Sect.  29  revised,  1939,  271  §  1.     (See  1939,  271  §  2.) 

Sect.  33  amended,  1933.  265. 

Sect.  33E  amended,  1939,  341. 

Chapter  279.  —  Judgment  and  Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  first  paragraph 
amended,  1938,  354;  second  paragraph  amended,  1936,  434  §  2;  1939, 
299  §  5.  (See  1934,  205  §  3;  1935,  358  §  2.) 

Sect.  1A  amended,  1934,  205  §  2.  (See  1934,  205  §  3.) 
Sect.  3A  amended,  1935,  50  §  2,  437  §  2.  (See  1935,  50  §  6,  437 
§8.) 
Sect.  4  revised.  1935,  50  §  3,  437  §  3.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  9  amended,  1932,  221  §  2. 
Sect.  11  amended,  1934,  328  §  28. 

Sect.  43  revised,  1935,  50  §  4,  437  §  4.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  44  revised,  1935,  50  §  5,  437  §  5.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  45  revised,  1935,  437  §  6.  (See  1935,  437  §  8.) 

Chapter  280.  —  Fines  and  Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;    sentence  added 
at  end,  1935,  303  §  1.    (See  1934,  364  §  3;   1935,  303  §  2.) 
Sect.  6  revised,  1937,  251  §  1.    (See  1937,  251  §  2.) 


QII|?  ©ommotuupaltl?  of  iHaaHarljuHftta 


Office  of  the  Secretary,  Boston,  December  1,  1939. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are  true 
copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Joint  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edition, 
chapter  8,  section  51,  as  amended  by  Acts  of  1939,  chapter  508,  sec- 
tion 7. 

FREDERIC  W.    COOK, 
Secretary  of  the  Commonwealth. 


INDEX. 


152 

154  1.  2 

119 


309  436,  437 

309  659-670 

495  664 

518  665 


■^  •  Item  or 

Chap.  Section. 

Abandoned  children  (see  Children). 
Abatement,  nuisances,  of  (see  Nuisances). 

taxes,  of  (see  Taxation). 
Absent  voting,  city  elections,  regular,  at,  acceptance  by  city  councils 
of  law  permitting,  required  to  be  made  at  least  ninety  days 
before  the  first  election  to  which  such  provisions  will 

apply 

ACADEMIES: 

Dukes  County  Academy,  Trustees  of,  transfer  of  real  estate  and 

moneys  held  by,  to  towTi  of  West  Tisbury 
Dummer  Academy,  Trustees  of,  authority  to  borrow  money,  in- 
creased       ......... 

Acceptance,  statutes,  of  (see  Statutes). 

Accident  and  health  insurance  (see  Insurance,  classes  of  insurance, 

accident  and  health). 
Accidents,    aircraft,   involving,    chairman   of   Massachusetts  aero- 
nautics commission  as  attorney  for  service  of  process  in    .     393        3,  Subs.  50 
athletic  (see  Athletic  accident  benefits,  school), 
industrial,  department  of  (see  Industrial  accidents,  department 

of), 
workmen,  to,  compensation  for  (see  Workmen's  compensation). 
Accountants,  public,  registration  of,  appropriations 
Accounts,  cities  and  towns,  of  (see  Municipal  finance). 

claims,  and,  unclassified,  appropriations  ..... 

counties,  of  (see  County  finance). 

director  and  division  of  (see  Corporations  and  taxation,  depart- 
ment of). 

public  (see  County  finance;    Municipal  finance;    State  finance). 
A.  C.  Ratshesky  Foundation,  gift  from,  of  certain  land  in  Boston, 
acceptance  by  adjutant  general  on   behalf  of  common- 
wealth        ......... 

ACTIONS,    CIVIL: 

administrators  de  bonis  non,  suits  against,  statutory  limitations 
applicable  to,  established       .  .  .  .  .  . 

district  courts,  other  than  municipal  court  of  city  of  Boston,  times 
for  holding  civil  trials  in,  relative  to        . 

fees  of  clerks  of  district  courts  in,  establishment  of  certain  . 

homestead  estates,  amount  of  exemption  from  attachment,  levy 
on  execution  and  sale  for  payment  of  debts  allowed  to 
owners  of,  increased      ....... 

injured  employees,  certain,  by,  in  cases  where  there  is  a  legal 
liability  in  some  person  other  than  the  insured  to  pay 
damages  under  workmen's  compensation  law,  and  relative 
to  settlements  by  agreement  in  cases  against  such  persons 

joinder  of  causes  of  action  in  contract  and  in  tort,  relative  to 

personal  injuries,  actions  by  married  women  and  minors  to  re- 
cover for,  recovery  of  certain  medical  expenses  in,  by  hus- 
band or  parent  or  guardian  thereof  .... 

superior  court,  original  jurisdiction,  concurrent  with  supreme  ju- 
dicial court,  extension  of,  to  certain        .... 

tort  actions  arising  out  of  operation  of  motor  vehicles,  presump- 
tion in  certain,  that  certain  required  liability  insurance  is 
not  being  maintained  upon  failure  of  certain  non-resident 
operators  to  have  policies,  etc.,  upon  person  or  in  vehicle  . 

transfers  of  causes  between  supreme  judicial  and  superior  courts 
in  connection  with  the  extension  of  their  concurrent 
jurisdiction  ........ 

welfare  aid  rendered  to  persons  having  lawful  settlements  in 
other  cities  and  towns,  suits  by  cities  and  towns  to  re- 
cover for,  time  extended  for  bringing      .  .  . 

See  also  Appeals;  Attachment;  Equity;  Evidence;  Limitation 
of  actions;   Practice  in  civil  actions. 


347 
345 


1-3 


401 
67 

1.2 

372 

1.2 

257 

1.2 

325 

257 

1,  2 

39 

1,2 

942  Index. 

Item  or 

Chap.  Section. 

Acts  and  resolves,  blue  book  edition  of,  appropriation   .  .  .     309  203 

number  passed  by  general  court       ......  Page  832 

pamphlet  edition  of,  appropriation  .  .  .  .  .     309  203 

printing  and  distribution  of,  changes  in  laws  relative  to,  neces- 
sitated by  adoption  of  biennial  sessions  of  general  court    .     508  8 
vetoed  by  governor         ........             Pages  832, 833 

See  also  Laws;   Statutes. 
Actuary,  state,  savings  and  insurance  banks,  taxation  of,  with  re- 
spect to  their  insurance  departments,  powers  as  to  .     447  1 
Acushnet,  Process  Company,  bridge  over  Acushnet  river  between 
city  of  New  Bedford  and  town  of  Acushnet,  construction 

by,  authorized 430  1,  2 

river,  bridge  over,  between  city  of  New  Bedford  and  town  of 
Acushnet,  construction  by  Acushnet  Process  Company, 

authorized .  .430  1,  2 

town  of  (see  Cities  and  towns). 
Adams,  town  of  (see  Cities  and  towns). 
Adjutant  general  (see  Militia). 
Administration,   estates  of  deceased  persons,   of   (see  Estates  of 

deceased  persons). 
ADMINISTRATION  AND  FINANCE,   COMMISSION   ON: 

/309  148-153 

m  general,  appropriations |  495  15 1-1 52a 

emergency  purposes  arising  in  fiscal  year  ending  November 
30,  1940,  applications  by  departments  or  agencies  of  com- 
monwealth for  certain  additional  funds  for,  powers  and 
duties  as  to 518  Page  791 

hospitals,  etc.,  furnishing  to,  by  department  of  public  health 
of  copies  of  law  prohibiting  hospital  employees,  etc., 
from  furnishing  certain  information  to  attorneys  at  law, 
at  a  price  to  be  determined  by       .  .  .  .  •      197  2 

immigration  and  Americanization  division  of  department  of 

education,  charges  for  services,  etc.,  by,  approval  by        .     409  4 

motor  vehicles,  passenger,  purchase  of  certain,  duties  as  to      .     309  4 

reports  of,  changes  in  law  relative  to,  necessitated  by  adoption 

of  biennial  sessions  of  general  court,  etc.    _      .  .  .     499  1 

state  contracts,  competitive  bidding  on  certain,  powers  and 

duties  as  to  .  .  .  .  •  •  •  •     427 

Worcester,  city  of,  and  town  of  Leicester,  lands  held  by  com- 
monwealth in,  for  military  purposes,  etc.,  sale  by,  etc., 
as  affecting  .  .  .  .  ...  .     328 

budget  commissioner,  biennial  budget,  changes  in  certain  state 
fiscal  requirements  necessitated  by  adoption  of,  as  affect- 
ing certain  powers  and  duties  of    .  .  .  .  .     502  2-6,  15 

chairman,  Allan  A.  Gillis  Construction  Company,  claim,  cer- 
tain, of,  against  the  commonwealth,  investigation  of,  bj', 
etc.    ......••        Resolve       72 

mental   health,   department  of,   maintenance   appropriations 

for,  reductions  in  certain,  apportionment  of,  approval  by     387  2 

Norfolk  state  hospital  for  criminal  insane,  establishment  of, 

powers  and  duties  as  to  .  .  .  .  .  •     485  1 

comptroller,  appropriation  .  .  .  .  .  .  •     309  149 

biennial  budget,  changes  in  certain  state  fiscal  requirements 
necessitated  by  adoption  of,  as  affecting  certain  powers 
and  duties  of 502        4,  6,  12,  14 

cigarette  tax,  enforcement  of,  officers  serving  process  and 
witnesses  attending  hearings  in  connection  with,  com- 
pensation of,  certain  duties  as  to  .  .  .  .  •     454  12 

Connors,  Marie,  payment  by  commonwealth  of  sum  of  money 
to,  agreement  as  to  fees  for  legal  services  in  connection 
with,  filing  with Resolve       57 

Custer,  Anthony  F.,  payment  by  commonwealth  of  sum  of 
money  to,  agreement  as  to  fees  for  legal  services  in  con- 
nection with,  filing  with         .  .  .  .        Resolve       60 

emergency  purposes  arising  in  year  ending  November  30, 
1940,  allocation  of  certain  funds  to  departments  or 
agencies  of  commonwealth  for,  duties  as  to     .  .  .     518  Page  791 

Flaherty,  William,  estate  of,  payment  by  commonwealth  of 
sum  of  money  to,  agreement  as  to  fees  for  legal  services 
in  connection  with,  filing  with        .  .  .        Resolve       67 

Fredrikson,  Gunnar  F.,  payment  by  commonwealth  of  sum  of 
money  to,  agreement  as  to  fees  for  legal  services  in  con- 
nection with,  filing  with        ....       Resolve      48 


Index. 


943 


ADMINISTRATION  AND   FINANCE,   COMMISSION    ON — 

Co7icluded. 
comptroller  —  Concluded. 

Gelinas,  Eliza,  payment  by  commonwealth  of  sum  of  money 
to,  agreement  as  to  fees  for  legal  services  in  connection 
with,  filing  with  .....        Resolve 

general  appropriation  act,  reductions,  certain,  in  expenditures 
contained  in,  allocation  of,  powers  and  duties  as  to 

highway  construction,  liabilities  incurred  by  department  of 
public  works  for,  payment  of  certain,  duties  as  to   . 

mental  health,  department  of,  maintenance  appropriations 
for,  reductions  in  certain,  duties  as  to    . 

Micek,  Joseph,  payment  by  commonwealth  of  sum  of  money 
on  account  of  death  of,  agreement  relative  to  fees  for  legal 
services  in  connection  with,  filing  with  .  .        Resolve 

representative  districts,  special  commissioners,  boards  of,  to 
divide  counties  into,  etc.,  expenses  of,  powers  and  duties 
as  to  ......... 

Reynolds,  Charles  V.,  and  Edward  B.,  payment  by  common- 
wealth of  sum  of  money  to,  agreement  as  to  fees  for  legal 
ser\aces  in  connection  with,  filing  with  .  .        Resolve 

Standish  Hotel,  Inc.,  payment  by  commonwealth  of  sum  of 
money  to,  agreement  relative  to  fees  for  legal  services  in 
connection  with,  filing  with  .  .  .        Resolve 

state  tax,  apportionment  and  assessment  of,  duties  as  to 

Studley,  Gilbert,  payment  by  commonwealth  of  sum  of  money 
to,  agreement  as  to  fees  for  legal  services  in  connection 
with,  filing  with  .....        Resolve 

Taylor,  Joseph,  payment  by  commonwealth  of  sum  of  money 
to  father  of,  agreement  as  to  legal  fees  in  connection  with, 
filing  with  .......        Resolve 

Whiting,  George  H.,  payment  by  commonwealth  of  sum  of 

money  to  heirs  of,  agreement  relative  to  fees  for  legal 

services  jn  connection  with,  filing  with  .  .        Resolve 

state  purchasing  agent,  appropriation 

Administrative  committee,  district  courts,  of,  appropriation 

hours  when  district  courts,  other  than  the  municipal  court  of 
the  city  of  Boston,  shall  be  open  for  business,  establish- 
ment of,  powers  and  duties  as  to  . 

times  when  district  courts,  other  than  municipal  court  of  city 
of  Boston,  shall  hold  civil  and  criminal  trials,  establish- 
ment of,  powers  and  duties  as  to  . 
probate  courts,  of,  appropriation     ..... 
Administrators  (see  Executors  and  administrators). 
Administrators  de  bonis  non  (see  Executors  and  administrators) 
Adoption,  abandoned  children  or  foundlings,  of,  making  and  record 
ing  of  certificates  of  birth  in  certain  cases  of 

Adult  education,  English  speaking  classes,  appropriations 

Adulteration,  motor  fuel,  of,  prohibited        .... 

Adult  hygiene,  division  of  (see  Public  health,  department  of). 

Advertising,  Fair  Trade  Law,  so  called,  under  (see  Fair  Trade  Law, 
so  called), 
motor  fuel,  of,  further  regulated       ...... 

Advisory  board  of  immigration  and  Americanization  (see  Edu- 
cation, department  of). 

Advisory  council,  state,  reorganized  and  powers  and  duties  further 
defined         ....... 


Chap. 


Item  or 
Section. 


47 

387 

1 

518 

Page  794 

387 

2 

51 

467 

2 

42 

55 
516 

1.5 

39 

41 

58 
309 
309 

150 

58 

347 
309 


495 
459  1 


1.  2 


1-3 
64 


4 

356-358; 

Page  368 

356 

Subs.  295G 


Aeronautics,  laws  relative  to,  further  revised 

Aeronautics  commission,  Massachusetts,  appropriation 
director,  appointment,  salary,  etc. 
establishment,  powers,  duties,  etc. 

Agawam,  town  of  (see  Cities  and  towns). 

Aged  persons,  adequate  assistance  to  (see  Old  age  assistance,  so 
called). 

Agents,  insurance  (see  Insurance,  agents  and  brokers). 

Agreements,  purchase  and  sale  of  real  estate,  for  (see  Real  property). 

Agricultural  and  horticultural  societies,  state  or  county  fairs 
conducted  by,  holding  of  dog  racing  meetings  during 
season  of,  further  regulated  ...... 


20 
I49O 
393 
518 
393 
393  < 


1,  3,  Subs. 

26.31:4-6.8 

15.  Subs.  26 

1-6 

169a 

3.  Subs.  37 

1.  3,  Subs. 

35-51;   4 


1.3 


944 


Index. 


Agrricultural  resources,  commonwealth,  of,  promotion  and  develop- 
ment of,  commission  for  (see  Development  and  industrial 
commission.  Massachusetts). 

AGRICULTURE,   DEPARTMENT   OF: 


Chap. 


Item  or 
Section. 


in  general,  appropriations 


advisory  board,  appropriation      ...... 

milk  dealers,  bonding  of,  co-ordination  of  certain  functions  of 
milk  control  board  and,  pertaining  to     . 
commissioner,  milk  dealers,  bonding  of,  co-ordination  of  de- 
partment of  agriculture  and  milk  control  board  pertain- 
ing to,  powers  and  duties  as  to      . 
divisions,  etc.,  of: 

dairying  and  animal  husbandry,  appropriations 

livestock  disease  control,  appropriations        .... 

director,  veterinary  medicine,  schools  of,  approving  author- 
ity in  connection  with,  to  be  a  member  of         .  .  . 
markets,  appropriations      ....... 

milk  control  board  (see  Milk  control  board). 

plant  pest  control,  appropriations  ..... 

director,  Dutch  Elm  Disease,  control  of,  powers  and  duties 
as  to  .  .  .  .  .  .  .  . 

name  changed  to  division  of  plant  pest  control  and  fairs,  and 
powers  and  duties  of  certain  divisions  conferred  upon 
plant  pest  control  and  fairs,  name  of  division  of  plant  pest  con- 
trol changed  to,  and  certain  powers  and  duties  transferred 
thereto        ......... 

reclamation,  soil  survey  and  fairs,  appropriations 

abolished,   and   powers  and   duties  thereof  transferred   to 
another  division  in  said  department        .... 

Aid,  state  and  military  (see  State  aid,  military  aid  and  soldiers'  relief), 
state,  and  pensions,  commissioner  of  (see  State  aid  and  pensions, 

commissioner  of). 
See  also  Mothers  with  dependent  children,  aid  to;   Old  age  as- 
sistance, so  called;    Poor  and  indigent  persons;    Public 
welfare. 
Aid  and  relief,  division  of  (see  Public  welfare,  department  of). 
Air-base,  army,  acquisition  by  United  States  of  certain  lands  in 
city  of  Chicopee  and  town  of  Ludlow  for,   consent  of 
commonwealth  to,  etc.  ...... 

Aircraft,  operation,  etc.,  of,  laws  relative  to,  further  revised    . 
Airport,  Boston,  so  called,  bulkheads,  etc.,  construction,  etc.,  at 
or  near        ......... 

height  of  buildings,  etc.,  within  certain  distance  of,  regulated 
Alcohol,  temporary  additional  excise  imposed  upon  sale  of  certain  . 
ALCOHOLIC   BEVERAGES: 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of : 
abutters,  notice  to,  of  applications  for  licenses  to  sell,  or  for 
transfers  thereof,  giving  of    .  .  .  .        _ . 

applications  for  license  for  retail  sale  of,  to  be  exercised  on 

same  premises,  not  to  exceed  one  in  any  license  year 
churches,  notice  to  certain,  of  applications  for  licenses  to  sell, 

or  for  transfers  thereof,  giving  of  .  .         _  . 

excise  payable   to   commonwealth,   bonds   conditioned   upon 
payment  of,  filing  of,  with  commissioner  of  corporations 
and  taxation,  by  certain  licensees,  required 
malt    beverages,    levying    on    importations   into    common- 
wealth of,  instead  of  upon  sales  thereof 
temporary  additional,  imposed  .  .       _    . 

hospitals,  notice  to  certain,  of  applications  for  licenses  to  sell, 
or  for  transfers  thereof,  giving  of  .  .  .  .  . 

importations  of  malt  beverages  into  commonwealth,  levying 
of  certain  excise  upon,  instead  of  upon  sales  thereof    . 


309 

235-265 

[ 

241-243. 

495 

245-248, 
253-259; 

Page  716 

309 

239 

421 

1.  2 

421 

309 
495 
309 
495 

251 
'309 
.495 

309 
495 


1.36 
405 


405 
309 


405 


463 
393 

476 
412 
434 


414 

92 

414 

394 


1.  2 

241-244 
241-243 
254-260 
254-259 


247,  248 
247,  248 

245,  246 
245,  246; 
Page  716 


1.  2 
249-251 


1,2 
1-6 

2 
1-8 
1-4 


367 
434 

1,2 
1-4 

414 

367 

1.2 

Index.  945 


Item  or 
Chap.  Section. 

ALCOHOLIC    BEVERAGES  —  Concluded. 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of  —  Concluded. 
licenses  and  permits,  in  general,  receiver  or  trustee  appointed 

for  certain  licensees,  authority,  etc.         ....     470  1,  2 

sales,  in  general,  applications  for,  or  for  transfers  thereof, 
giving  of  notice  of,  to  certain  abutters,  schools,  churches 
and  hospitals  .     _     .  .  .  .  .  .  .     414 

retail,   in  general,  in   town  of  Clarksburg,   question  of 
granting  licenses  for,  voting  on,  by  said  town  at  its 
current  annual  meeting  .    _      .  .  .  .21  1,  2 

not  to  be  drunk  on  premises,  premises,  same,  to  be  exer- 
cised upon,  not  more  than  one  application  therefor 
to  be  received  in  any  license  year    .  ...       92 

to  be  drunk  on  premises,  number,  Boston,  city  of,  in, 

gradual  reduction  of  .  .  .  .  .  .     263 

premises,  same,  to  be  exercised  upon,  not  more  than 
one   application   therefor  to   be  received  in   any 
license  year        .......       92 

malt  beverages,  barrels  containing,  standard  capacity  of,  and 

variances  and  tolerances  permitted  in  relation  to     .  .     122 

importations   into    commonwealth    of,    levying    of    certain 

excise  upon,  instead  of  upon  sales  thereof        .  .  .     367  1,  2 

receivers,  laws  relating  to  alcoholic  beverages  made  applicable 

to,  in  certain  instances  ......     470  1,  2 

sales,   in   general,    applications   for  licenses   or   for  transfers 
thereof,  giving  of  notice  of,  to  certain  abutters,  schools, 
churches,  etc.  .  .  .  .  .  .  .  .     414 

excise  on  (see,  supra,  excise  payable  to  commonwealth), 
retail,   in    general,    Clarksburg,    town   of,   in,    question   of 
granting  licenses  for,  voting  on,  by  said  town  at  its 
current  annual  meeting  .  .  .  .  .21  1,2 

premises,  same,  licenses  to  be  exercised  on,  not  more 
than  one  application  therefor  to  be  received  in  any 
license  year  .  .  .  .  .  .  .92 

to  be  drunk  on  premises,  number  of  licenses  for,  Boston, 
city  of,  in,  gradual  reduction  of  ....     263 

schools,  notice  to  certain,  of  applications  for  licenses  to  sell, 

or  for  transfers  thereof,  giving  of  .  .  .  .  .     414 

taxation  (see,  supra,  excise  payable  to  commonwealth), 
trustees,  laws  relating  to  alcoholic  beverages  made  applicable 

to,  in  certain  instances  ......     470  1,  2 

ALCOHOLIC   BEVERAGES   CONTROL   COMMISSION: 

appropriations       .........     309  170,  171 

See  also  Alcoholic  beverages. 
ALDERMEN: 

horse  and  dog  racing  meetings  at  which  pari-mutuel  system  of 
betting  is  permitted,  location  of  tracks  for  holding  of, 
approval  by,  after  a  public  hearing         .  .  .  .159 

See  also  City  councils. 
Aldrich,  Norman  Timothy,  acts  as  notary  public  validated  Resolve        7 
Aliens,   practice  of  medicine  and  dentistry  within  commonwealth 

by,  further  regulated    .......     415  1-4 

Allan  A.  Gillis  Construction  Company,  claim,  certain,  of,  against 

the  commonwealth,  investigation  of        .  .        Resolve       72 

Allowances,  travel  (see  Travel  allowances). 

Amendments,  constitutional  (see  Constitution,  commonwealth,  of). 
American  Board  of  Commissioners  for  Foreign  Missions,  The, 
Springfield  Branch  of  the  Woman's  Board  of  Missions, 
The,  funds  and  other  property  of,  receipt  and  manage- 
ment by      .  .  .  .  .  .  .  .  .53  1-6 

Americanization,  immigration  and,  division  of  (see  Education, 

department  of). 
American  Legion,  The,  national  convention  of,  in  1940,  cities  and 
towns  authorized   to  appropriate  money  for  entertain- 
ment at,  if  held  in  Boston     .  .  .  .  .  .115 

representation  of  commonwealth  at,  if  held  in  Boston    Resolve       53 

appropriation  ........     495  161c 

state  convention  of,  current  year,  in,  city  of  Taunton  authorized 

to  appropriate  money  to  provide  facilities  for  .  .45  1,2 

1940  or   1941,  in,   town  of  Hull  authorized  to  appropriate 

money  to  provide  facilities  for       .....     477 


946  Index. 


Item  or 
Chap.  Section. 


Amherst,  town  of  (see  Cities  and  towns). 

Amusement,  places  of,  employment  and  hours  of  labor  of  certain 

minors  in,  regulated      .......     461  5,  6,  9 

See  also  Theatres. 
Andrews,   Esther  M.,   portrait  of,   acceptance  by  commonwealth 

and  placing  thereof  in  state  house            .           .        Resolve       34 
Andrews  Real  Estate  Trust,  structure  bridging  Avon  street  in  city 
of  Boston,  construction  and  maintenance  by,  etc.,  author- 
ized       340  1-3 

Animal  husbandry,  dairying  and,  division  of  (see  Agriculture, 

department  of). 
Animals,  inspectors  of,  reimbursement  of  certain  towns  for,  appro- 
priation     .  .  .  .  .  •  •  •      .    •     309  261 

See  also  Dogs;   Game  and  inland  fisheries;    and  under  specific 
titles  of  animals. 
Annual  reports,  state  officials,  certain,  by,  changes  in  laws  relative  ]  ^gg  j_g 

to,  necessitated  by  adoption  of  biennial  sessions  of  general  !•  gQg  g_  i^ 

court,  etc.  .....-••■] 

rules  and  regulations  of  state  officers,  departments,  etc.,  list 

of,  inclusion  in,  etc .499  4,  4A 

Annuities,  families  of  members  of  department  of  pubhc  safety  killed 
doing   police    duty,    appropriation   for   payment    of   any 

claims  for 309  667 

fraternal  benefit  societies,  granting  by  certain  .  .  .      236  1,2 

,,.,.,  f  •  ..•  /  309  665 

soldiers  and  others,  of,  appropriations      .  .  .  .  .  <  gj^g  gg^ 

See  also  Insurance;   Retirement  systems  and  pensions. 
Anti-rabic  vaccine,  reimbursement  of  certain  cities  and  towns  for 

the  cost  of,  relative  to .  .  .  .  .  ■  .42 

Apiaries,  inspection  of,  appropriation    ......     309  240 

APPEAL,   BOARDS   OF: 

fire  insurance  rates,  on,  appropriation       .  .  .  .  .      309  d21 

j  309  ol9 

motor  vehicle  liability  policies  and  bonds,  on,  appropriations      .  \  495  319 


1518  319 


tax  appeals  (see  Appellate  tax  board). 
Appeals,  appellate  tax  board,  to  and  from  (see  Appellate  tax  board). 

capital  cases,  in     ..-.•••■  •     341 

mothers  wdth  dependent  children,  aid  to,  right  of  appeal  under 

law  providing,  relative  to      .  .  .  .  •  ■     248 

old  age  assistance  law,  under,  further  regulated  .  .  .     481 

superior  court,  to,  public  works,  commissioner  of,  order  or  ruling 
of,  relative  to  height  of  buildings  within  certain  distance 
of  Boston  airport,  so  called  .  .  .  .  •      _    •     412 

Appellate  court,  establishment  of,  and  its  jurisdiction,  and  providing 
for  appeals  therefrom  to  supreme  judicial  court,  investi- 

gatinu  relative  to Resolve       17 

Appellate  divisions,  district  courts,  of,  compensation  of  justices  of 

district  courts  while  acting  in  certain,  establishment  .     382 

APPELLATE   TAX   BOARD: 

appeals  from  decisions  of,  jurisdiction  of,  excepted  from  provi- 
sions of  act  extending  to  superior  court  original  jurisdic- 
tion of  certain  matters  of  which  the  supreme  judicial 
court  has  heretofore  had  exclusive  jurisdiction 


257 

1 

309 

337, 338 

495 

337 

appropriations       ......•• 

cigarette  tax,  temporary,  commissioner  of  corporations  and  taxa- 
tion, decisions  of,  in  respect  to,  appeals  from,  to      .  .     454  4,  7,  14 
legacies  and  successions,  taxation  of,  determination  by  commis- 
sioner of  corporations  and  taxation  of  value  of  property 
in  connection  with,  appeals  from,  to       ....     494  a^'^ 

perfecting  changes,  certain,  in  general  statutes,  necessitated  byi  ^^^  I  ^7-22  24-36 
establishment  of  .......  j  |  55 

savings  and  insurance  banks,  appeals  by,  to,  frona  decisions  of 
commissioner  of  corporations  and  taxation  in  connection 
with  certain  excise  imposed  thereon        ....     447  ^^1 

Apple  pest  control,  appropriation        ......     309 

Apprentice  training,  commission  on,  continued         .  .  .     471 

expenses,  appropriation  .......     518 

Appropriations,  cities  and  towns,  by  (see  Municipal  finance). 

counties,  for  maintenance  of  certain,  etc.  ....     452 


309  265 


Index. 


947 


Appropriations  —  Concluded. 


state  departments,  boards,  commissions,  institutions,  etc.,  for 
maintenance  of,  etc.     ....... 


Resolves 


changes  in  certain  requirements  as  to,  necessitated  by  adop- 
tion of  a  biennial  budget       .  .  . 
limitations,  certain,  on  expenditures  contained  in,  made  effec- 
tive, and  certain  items  therein,  reduced 
reference  in  General  Laws  relative  to  annual  appropriations 
to  be  construed  as  referring  to  such  sums  as  are  appro- 
priated by  the  general  court           .  .  .  .  .     508 

See  also  specific  titles  of  departments,  boards,  commissions, 
institutions;   State  finance. 
Approving  authority,  veterinary  medicine,  schools  of,  etc.,  for  ap- 
proval of,  in  connection  wdth  eligibiHty  requirements  for  ap- 
plicants for  registration  as  veterinarians,  establishment,  etc.     251 
Arbitration,  conciliation  and,  board  of  (see  Labor  and  industries, 

department  of). 
Archives,  Massachusetts,  reproduction  of  manuscript  collection, 

appropriation       ........     309 

Arlington,  town  of  (see  Cities  and  towns). 

Armored  motor  vehicles  (see  Motor  vehicles,  armored). 

Armories,  A.  C.  Ratshesky  Foundation,  gift  from,  of  certain  land  in 

Boston,  to  be  held  and  maintained  as    .  .  .  .     338 

appropriations       .........     309 

laws  relative  to,  revised  .......     425  1 

superintendent  of,  appropriation     .  .  .  .  .  .     309 

Taunton,  city  of,  in,  use  of,  for  certain  exhibition  purposes  dur- 
ing observance  of  tercentenary  of  settlement  of  said  munic- 
ipality        .......        Resolve       11 

See  also  Militia. 
ARMORY   COMMISSION: 

/309 
appropnations       .  .  .  .  .  .  .  .  .  <  ^gc 

powers  and  duties  ........     425  1 

state  camp  ground,  so  called,  in  Framingham,  memorial  plot  at, 

establishment,  etc.,  by  .  .  .  .  .  .381 

state  rifle  range,  lands  adjacent  to,  acquisition  and  conveyance 

of  certain,  authorized  .......     297 

Worcester,  city  of,  and  town  of  Leicester,  certain  land  held  by 
commonwealth  in,  for  mihtary  purposes,  etc.,  sale  by,  etc., 
as  affecting  ........     328 

See  also  Militia. 
Arms  (see  Firearms;  Weapons). 

Army  air-base,  acquisition  by  United  States  of  certain  lands  in  city 
of  Chicopee  and  town  of  Ludlow  for,  consent  of  common- 
wealthy  to,  etc.     ........     463 

Army  base  terminal,  so  called,  Boston  harbor,  in,  improvement  of 

approaches  to      .....  .        Resolve       13 

appropriation     .........     309 

Arrest,  pardoned  prisoners,  of,  upon  revocation  of  pardon  thereof     .     479 
Arsenal,  superintendent  of,  appropriation      .....     309 

ART   COMMISSION: 

Andrews,  Esther  M.,  portrait  of,  acceptance  by  commonwealth 

and  placing  thereof  in  state  house,  powers  as  to       Resolve       34 
appropriation         .........     309 

heath  hen,  certain  drawing  of,  acceptance  by  commonwealth  of, 

approval  by Resolve       16 

Art,  Massachusetts  school  of  (see  Massachusetts  school  of  art). 
Ashburnham,  town  of  (see  Cities  and  towns). 
Assabet  river,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to    .  .  .  .  .  .        Resolve       22 

appropriation     .........     495 

ASSESSORS   OF   TAXES: 

abatements,  applications  for,  to,  rights  of  holders  of  mortgages 

on  real  estate  with  respect  to         ....  .     250 

current  year,  in,  special  provisions  relating  to         .  .  .     493 


Item  or 

Chap. 

Section. 

f       1 

99 

4 

164 

1.2 

247 

2 

309 

1-8 

492 

495 

1-4 

518 

1-3 

12,14, 

I  64, 74 

502 

2-14 

387 

1.2 

140,  141 

Subs.  28-31 

136 


154-156 

156 

Subs.  32-42 


1.  2 


533a 
135 


36c 


948 


Index. 


ASSESSORS    OF    TAXES  —  Concluded. 

assistant  assessors,  poll  taxes,  listing  of  persons  liable  to  be  as- 
sessed for,  certain  duties  as  to,  relieved  of       . 

census,  decennial,  certain  powers  and  duties  as  to,  transferred  to 
registrars  of  voters  from        .  .      _    . 

false  entry  by,  on  list  of  assessed  polls,  provision  for  penalty  for, 
repealed      ......... 

Highway  Fund,  portion  of,  received  by  cities  and  towns  for  high- 
way purposes,  inclusion  by,  as  an  estimated  receipt  and 
deduction  from  amount  required  to  be  raised  by  taxation 
for  highway  purposes  ....... 

income  taxes,  certain,  proceeds  of,  payable  to  cities  and  towns, 
inclusion  by,  as  an  estimated  receipt       .... 

lists,  certain,  of  residents  of  cities  and  towns,  prepared  by  regis- 
trars of  voters,  transmission  to,  relative  to      . 

poll  taxes,  assessment  by,  further  regulated      .... 

public  schools,  support  of,  providing  of  sufficient  money  for, 
duties  in  certain  proceedings  relative  to  .  .  . 

state  tax,  apportionment  and  assessment  of,  duties  as  to   . 
funding  by  cities  and  towns  of  their  shares  of  the  deficit  in 
amounts  assessed  in   1938  for  purposes  of,  as  afifecting 
certain  duties  of  ....... 

tax  rates,  fixing  of,  for  current  year,  powers  and  duties  as  to 

trailers,  registered,  excise  tax  on,  further  duties  as  to 
See  also  Taxation,  local  taxes. 
Assignments,  creditors,  for  benefit  of,  common  law,  regulation  of, 
investigation  relative  to         ...  .        Resolve 

wages,  of,  laws  regulating,  exemption  from  operation  of,  of  orders 
for  payment  of  subscriptions  to  non-profit  hospital  service 
corporations         ........ 

Assistance,  old  age  (see  Old  age  assistance,  so  called). 

young  age  (see  Young  age  assistance,  bureau  of). 
Associations,    partnerships    and   trusts    having   transferable 
shares,  income  received  by,  taxation  of  .  .  . 

shareholders,  lists  of,  etc.,  filing  with  commissioner  of  corpora- 
tions and  taxation  by  . 
Athletic  accident-benefits,  school,  insurance  laws  made  inappli- 
cable to  certain  organizations  administering  plans  for 
Atlantic  avenue,  elevated  structure,  so  called,  removal  of,  relative  to 

waterfront,  Boston  harbor,  in,  harbor  lines  along,  relocated 
Attachment,   homestead  estates,  amount  of  exemption  from,  al- 
lowed to  owners  of,  increased         .  .  .  .  . 

Attendance,  school,  further  regulated  .  .  .  .  . 

Attleboro  Steam  and  Electric  Company,  lines,  poles,  etc.,  of,  in 

Rehoboth  and  Seekonk,  locations,  etc.,  validated    . 
Attorney,  service  of  process,  for,  chairman  of  Massachusetts  aero- 
nautics commission  as,  in  aircraft  accident  cases 
ATTORNEY   GENERAL: 

A.  C.  Ratshesky  Foundation,  gift  to  commonwealth  from,  of 

certain  land  in  Boston,  form  of  deed,  etc.,  approval  by 
Allan  A.  Gillis  Construction  Company,  claim,  certain,  of,  against 
the  commonwealth,  investigation  of,  by,  etc.  Resolve 

annual  report  by,  changes  in  law  relative  to,  necessitated  by 
adoption  of  biennial  sessions  of  general  court,  etc.  . 


Chap. 

Item  or 
Section. 

342 

2 

342 

1 

342 

3 

232 
469 
504 

1,2 

373 

4 

188 
342 

1-3 
4,5 

294 
516 

2,  3,  6,  7 

464 

ri40 

1493 

24 

1 

1.2 
3,4 

appropriations 


board  composed  of  state  treasurer,  director  of  accounts  and, 
approval  by,  of  incurring  of  debt  by  cities  and  towns  for 
emergency  purposes,  further  regulated  .... 
of  renewal  of  certain  temporary  revenue  loans  by  cities, 
towns  and  districts       .  .         _.  .  . 

storm  damage  loans,  emergency,  making  by  cities,  towns  and 
districts,  powers  and  duties  as  to  . 

Bowles,  Verna  C,  conveyance  by  commissioner  of  public  health 
of  certain  land  in  Lakeville  to,  approval  of  form  of  deeds 
by 

cigarette  tax,  temporary,  sums  due  commonwealth  under  provi- 
sions of,  recovery  by,  in  name  of  commissioner  of  corpora- 
tions and  taxation        ....... 


373 

1 

373 

3 

167 

482 
402 

1-5 
1-3 

32 

461 

1-5 
1-3 

134 

1,2 

393 

3,  Subs.  50 

338 

72 

499 
309  1 
495  1 

3 

230-234 ; 

Page  367 

232,  232a: 

Page  716 

457 

68 

438 
454 


Index. 


949 


Chap. 

ATTORNEY    GENERAL  —  Concluded. 

co-ordination  of  transportation  facilities  in  and  around  Metro- 
politan Boston  area,  extension  of  rapid  transit  system 
from  South  station  to  Readville,  and  continuance  of  ade- 
quate railroad  transportation  service  for  certain  com- 
munities, special  commission  to  investigate  as  to,  to  be 
or  to  designate  a  member  of  .  .  .        Resolve 

escheated  estates  of  certain  deceased  persons,  payment 
from  state  treasury  of  balances  of,  under  direction 
of Resolves  33,  62,  63 

Framingham,  state  teachers  college,  reconstruction,  etc.,  of 
certain  buildings  at,  completion  of,  approval  of  contract 
for,  by        .  .  .  .  .  •  . 

town  of,  easement  in  certain  state  land,  granting  to,  by  com- 
missioner of  education,  approval  of  form  of  instruments 
by      .....••  •        Resolve 

Green,  Edward  H.  R.,  estate  of,  compensation  of  attorneys,  etc., 
in  connection  with  establishment  of  right  to  assess  in- 
heritance tax  upon,  to  be  member  of  committee  to 
determine  .  .  ... 

Millville  municipal  finance  commission,  to  be  member  of  . 

New  York,  New  Haven  &  Hartford  Railroad  Company,  pre- 
paring, etc.,  of  information  for  use  of  commission  investi- 
gating the  service  of,  expenses  of,  appropriation 

ordinances  of  the  cities  of  the  commonwealth,  special  commission 
to  investigate  relative  to,  to  be  or  to  designate  a  member 
of       .......  .        Resolve 

pardons,  petitions  for,  powers  and  duties  as  to  ... 

Picardi,  Mary,  conveyance  by  department  of  public  works  of 
certain  land  to,  form  of  deed,  etc.,  approval  by     Resolve 

public  schools,  support  of,  remedy  in  case  a  city  or  town  fails  to 
provide  sufficient  money  for,  upon  petition  to  superior 
court  by     .  .         _.  ._         .  ...  ....     294 

religious  societies,  etc.,  inactive,  suits  to  determine  the  disposi- 
tion of  the  property  of  certain,  joining  of,  in,  as  a  respond- 
ent    .  .  .  .  . 

rivers  and  streams,  unlicensed  erection,  etc.,  of  structures,  etc., 
in  certain,  enjoining,  etc.,  of,  duties  as  to        . 

unemployment  compensation  division,  director  of,  to  represent, 
or  to  designate  an  attorney  at  law  to  represent,  in  certain 
actions,  etc.  ........ 

water  rights  in  Lake  Quinsigamond  and  certain  ponds  in  Worces- 
ter county,  present  status  and  use  of,  determination  of, 
powers  and  duties  as  to         .  .  .  .        Resolve 

Attorneys,  hospitals,  employees  and  other  persons  connected  with, 
prohibited  from  furnishing  certain  information  about 
personal  injury  cases  to  .  .  .  .  . 

runners,  so  called,  employed  by,  changes  in  the  law  relative  to    . 

See  also  Legal  services. 
Audit,  municipal  accounts,  of  (see  Municipal  finance.) 
Auditors  and  masters  (see  Masters  in  chancery). 
Auditors,  city  and  town  (see  City  and  town  auditors). 
AUDITOR,   STATE: 

appropriations       ........ 

civil  service,  employees  in,  reports,  certain,  pertaining  to  com 

pensation  of,  filing  with,  provision  for    . 
Massachusetts  state  college,  revolving  funds,  certain,  of,  annual 
audit  by      .......  ■ 

August  twelfth,  annual  observance  of,  as  Indian  Day   . 

Automobile  insurance,  so  called  (see  Motor  vehicles,  liability  for 
bodily  injuries,  etc.,  caused  by,  security  for). 

Automobiles  (see  Motor  vehicles). 

Autopsies,  dead  human  bodies,  certain,  of,  making  by  medical 
examiners  upon  written  order  of  district  attorneys  . 

Aviation,  laws  relative  to,  further  revised       .  .  .  .  . 

See  also  Aeronautics  commission,  Massachusetts;  Boston  air- 
port, so  called. 

Avon  Street  Trust,  structure  bridging  Avon  street  in  city  of  Boston, 
construction  and  maintenance  by,  etc.,  authorized 


Item  or 
Section. 


64 


492 


495 
514 


495 


479 
59 


194 


513 


20 
490 


40 


475 
393 


340 


Page  708 
1 


361 


Subs.  30 
16 


309 
495 

227-229 
228,  229 

422 

2 

329 
56 

1-3 


950 


Index. 


B. 

Babies  (see  Infants). 

Bacteriological  laboratories,  certificates  of  approval  relative  to, 
issuance  by  state  department  of  public  health,  authorized 

Badges,  newsboys,  certain,  for,  maximum  fee  for    .... 

Bail,  admission  to,  illegal  voting,  attempts  to  so  vote,  etc.,  persons 
arrested  for  violation  of  pro\'isions  relative  to,  of,  further 
regulated    ......... 

Ballot  boxes  (see  Elections). 

Ballot  law  commission,  appropriations       ..... 

Ballots  (see  Elections). 

Band  concerts,  appropriation      ....... 

Bank  incorporation,  board  of  (see  Banking  and  insurance,  depart- 
ment of). 

BANKING   AND    INSURANCE,   DEPARTMENT    OF: 

in  general,  appropriations    ....... 

banks  and  loan  agencies,  division  of: 

in  general,  appropriations   ....... 

bank  incorporation,  board  of,  trust  companies,  branch  offices 
of,  approval  by,  as  affecting  .  .  .  . 

commissioner  of  banks,  annual  report  of,  changes  in  law  rela- 
tive to,  necessitated  by  adoption  of  biennial  sessions  of 
general  court,  etc.         .  .  .-.■..•  ■       . 

closed  banks,  payment  of  dividends  in  liquidation  of  certain 

extension  of  time  for  borrowing  of  funds  for,  by 
co-operative   banks,   dissolution   of,   additional  method   of, 

powers  and  duties  as  to  . 

Co-operative  Central  Bank,  additional  powers  and  duties 
relative  to  .  .  .  .  .  .  ■  • 

director  of  liquidations,  transfer  to,  of  all  property,  etc.,  in 

possession  of,  and  all  powers,  duties  and  functions  thereof 

in  relation  to  conservation  and  liquidation  of  all  trust 

companies  now  in  possession  of  said  commissioner   . 

federal  housing  administrator,  loans  insured  by,  making  by 

banking  institutions,  powers  as  to,  as  affecting 
investment  board  under  unemployment  compensation  law 
reorganization  of,  as  affecting         .  .  .  . 

savings  banks,  insurance  of  deposits  in  certain,  additional 

assessments  as  a  charge  for,  powers  and  duties  as  to 
trust  companies,  branch  offices,  approval  by,  as  affecting 
sale  or  exchange  of  property  and  assets  of,  and  purchase 
by  trust  companies  of  property  and  assets  of  banks 
approval  by     ...-••  • 

unclaimed  deposits  in,   certain  information  relative  to 
furnishing  to    .  .  .  . 

supervisor  of  loan  agencies,  appropriations    ... 
insurance,  division  of: 

in  general,  appropriations   ....... 

commissioner  of  insurance,  federal  housing  administrator, 
loans  insured  by,  making  by  insurance  companies, 
powers  as  to,  as  affecting        .  .  . 

real  estate  mortgages,  secured  by,  making  by  domestic 
insurance  companies,  powers  and  duties  as  to   . 
fraternal  benefit  societies,  annual  statements,  filing  by  cer- 
tain, with  .  -  .  •  ■  •_  •     .      • 
foreign,  renewal  of  licenses  by,  notice  and  hearing  required 

before  refusal  to  issue         .  .  .  ■  ■ 

granting  of  annuities  by  certain,  powers  and  duties  as  to 
hospital  service  corporations,  non-profit,  powers  and  duties 

as  to,  more  specifically  defined       .  .  .  . 

insurance  advisers,   so  called,   licensing  and  regulation  of, 

powers  and  duties  as  to         . 
liability  insurance  companies,  mutual,  impairment  of  guar- 
anty capital  of,  powers  and  duties  as  to  .  .  . 
merger  or  consolidation  of  domestic  insurance  companies 
with  foreign  insurance  companies,  powers  and  duties  as  to 
rehabilitation,  conservation  and  liquidation  of  certain  do- 
mestic and  foreign  insurers,  powers  and  duties  as  to 


Item  or 
Section. 


Chap. 


344 
94 


299  4 

309     166,  167 
309         676 


309  313-323 
495  319, 319a, 320 
518     319, 320 


244 

499 
292 
227 

227 

515 

241 

20 

149 
244 


313-317 
3 


3 

2-5 


124 
309 

316,  317 

309 

495  319, 
518 

318-320 
319a,  320 
319,  320 

241 

359 

254 

2 

168 
236 

1 

312 

1-3,5 

395 

1^ 

488 

2 

375 

472 

1-4 

Index. 


951 


BANKING    AND     INSURANCE,     DEPARTMENT     OF  —  Con- 
cluded. 
insurance,  division  of  —  Concluded. 
commissioner  of  insurance  —  Concluded. 

school  athletic  accident-benefit  plan,  so  called,  organizations 
administering,  filing  of  certain  financial  statements  with 
silicosis,  etc.,  benefits,  proposed  premiums  for,  submission 
for  approval  to,  by  certain  insurance  companies,  require- 
ments as  to 
title  insurance  companies,  receivers  of  insolvent,  powers  and 
duties  relative  to  ....... 

workmen's  compensation  insurers,  equitable  distribution  of 
rejected  risks  among,  and  pooling  of  losses  in  connection 
with  such  risks,  powers  and  duties  as  to 
liquidations,  division  of : 

director,  appointment,  powers,  duties,  etc.    .  .  .  . 

establishment,  powers,  duties,  etc.         .  .  .  .  . 

savings  bank  life  insurance,  division  of: 

appropriations  ......... 

payment  to  commonwealth  of  sums  appropriated  for,  further 
regulated    ......... 

See  also  Savings  bank  life  insurance. 
Bankruptcy,  receivers  or  trustees    in,  laws    relating    to    alcoholic 

beverages  made  applicable  to,  in  certain  instances 
BANKS   AND    BANKING: 

in  general,  closed  banks,  payment  of  dividends  in  liquidation 
of  certain,  borrowing  of  funds  for,  by  commissioner  of 
banks,  extension  of  time  for  ..... 

dividends  on  shares  in  certain  banking  associations,  taxation 

of 

equity  jurisdiction  of  matters  relating  to,  excepted  from  pro- 
visions of  act  extending  to  superior  court  original  juris- 
diction of  certain  matters  of  which  the  supreme  judicial 
court  has  heretofore  had  exclusive  jurisdiction 
insurance  companies,  domestic  mutual,  issuing  motor  vehicle 
liability  poHcies  and  bonds,  relations  of  officers,  directors 
and  employees  of,  with  certain  finance  companies,  etc., 
act  regulating,  certain  banks  exempted  from  provisions  of 
minors,  payments  of  moneys  on  deposit  in  name  of,  regulated 
property  and  assets  of,  purchase  by  trust  companies,  regulated 
taxes,  certain,  due  date  of  . 
co-operative  banks,  borrowing  by,  from  any  source  to  make 
real  estate  loans,  extension  of  time  for   . 
Co-operative  Central   Bank,   powers  and   duties  of,   further 
regulated    ......... 

dissolution  of,  affected  ....... 

investments  by,  in  real  estate  mortgages,  requirements  for, 
law  modifying,  extended        ...... 

loans  insured  by  federal  housing  administrator,  term  of  act 
authorizing  making  by,  extended  .... 

savings  and  insurance  banks  (see  Savings  bank  life  insurance) 
savings  banks,  deposits,  insurance  of,  in  certain,  annual  assess- 
ments as  a  charge  for,  payment  of  certain 
investments  by,  railroad  bonds,  certain,  in,  requirements  for, 
further  modified  ...... 

real  estate  mortgages,  in,  requirements  for,  law  modifjdng, 
extended     ......... 

loans  by,  insured  by  federal  housing  administrator,  term  of  act 
authorizing  making  by,  extended  .... 

life   insurance   policies,   secured   by,   aggregate   authorized 
amount  of,  increased    ...... 

Mutual  Savings  Central  Fund,  Inc.,  duration  of,  extended 
insurance  of  deposits  in  certain  savings  banks,  annual  as- 
sessments as  a  charge  for,  payment  of  certain,  to     . 
See  also  Savings  bank  life  insurance. 
trust  companies,  banks,  property  and  assets  of,  purchase  by 
regulated    ........ 

branch  offices,  establishment  of,  requirements  for,  relative  to 
closed,  payment  of  dividends  in  liquidation  of  certain,  bor- 
rowing of  funds  for,  by  commissioner  of  banks,  extension 
of  time  for  ........ 

investments  by,  in  real  estate  mortgages,  requirements  for, 
law  modifying,  extended        ...... 


Chap. 


465 
225 


Item  or 
Section. 


515 
515 

1-4 
1-4 

309 

322, 323 

391 

1,2 

292 
373 


149 

87 


244 
149 


187 
244 


1,2 


1.4 


406 
244 

187 
368 

1 
6 

104 

227 
227 

1-5 
1-5 

2,3 
1,2 


952  Index. 


Item  or 
Chap.  Section. 


BANKS   AND    BANKING  —  Concluded. 
trust  companies  —  Concluded. 

loans  by,  insured  by  federal  housing  administrator,  term  of 

act  authorizing  making  by,  extended      .  .  .  .241 

real  estate,  on,  certain,  terms  requiring  payments  on  the 

loan,  to  contain  .  .  .  .  .  .       _  .  .     244  2 

possession  of  commissioner  of  banks,  in,   conservation  and 
liquidation    of,    division    of   liquidations   established    to 
provide  for  .  .  .  .  .  .  .  .     515  1-4 

reports  to  directors,  contents  of  certain,  relative  to         .  .     244  1 

sale  or  exchange  of  property  and  assets  of,  regulated      .  .     187 

savings  department,  investment  of  deposits  in,  railroad  bonds, 

certain,  in,  requirements  for,  further  modified  .  .87  1,2 

unclaimed  deposits  in,  furnishing  to  the  commissioner  of  banks 

of  certain  information  relative  to  .  .  .  .  .      124 

See  also  Credit  unions;  Financial  institutions. 
Banks  and  loan  agencies,  division  of  (see  Banking  and  insurance, 

department  of). 
Banks,  commissioner  of  (see  Banking  and  insurance,  department 
of). 

255 

Barber  shops,  employment  and  hours  of  labor  of  certain  minors  in,  I  348 

further  regulated  .  .  .  .  .  .  .  ]  352 

[461  5,  6,  9 

Barbers,  board  of  registration  of  (see  Civil  service  and  registration, 

department  of). 
BAR   EXAMINERS,    BOARD    OF: 

appropriations       .........     309 

BARNSTABLE   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     452 

forest  fire  fighting  apparatus  for  use  by  towns  in,  purchase,  etc., 

by  county  commissioners  of  said  county  .  .  .     349 

representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467 

tax  levy        ..........     452 

Barnstable,  town  of  (see  Cities  and  towns). 
Barrels,  malt  beverages,  containing,  standard  capacity  of,  and  vari- 
ances and  tolerances  permitted  in  relation  thereto  .  .     122 
Basins  (see  Waters  and  waterways). 
Bassett,  H.  W.,  Inc.,  revived      .......       41 

Battery  B  Farm,  Worcester,  city  of,  and  town  of  Leicester,  in,  held 
by  commonwealth  for  military  purposes,   etc.,   sale  of, 

relative  to 328 

Beach,  Little  Good  Harbor,  city  of  Gloucester  authorized  to  acquire, 

for  playground  purposes        .  .  ..  .  .310  1,2 

Beachmont,  Revere,  city  of,  in,  Roughan's  Point  in,  protection  of 

shore  at      .  .  .  .  .  .  .        Resolve       25 

Beaver  brook,  city  of  Waltham  authorized   to  improve  a  certain 

section  of   .  .  .  .  .  .  .  .  .84  1,2 

Bedford,  town  of  (see  Cities  and  towns). 

Beds  and  bedding,  bedding  manufactured  outside  commonwealth, 

sale  of,  by  certain  persons,  regulated      ....     351 

consisting  in  whole  or  in  part  of  second  hand  metal,  marking  of, 

requirements  as  to        .  .  .  .  .  .  .   _  196  1-3 

Belchertown,  state  school,  appropriations     . 


93,94 

1 

1,  2 

1-4 

1 

/ 309  493 

1387  2 


custody  of  persons  committed  to,  relative  to  .  .  .     500  6 

town  of  (see  Cities  and  towns). 
Bellingham,  town  of  (see  Cities  and  towns). 

Belmont  Hospital,  Worcester,  in,  board  of  trustees  of,  establish- 
ment, powers,  duties,  etc.      ......     276  1-6 

Belmont,  town  of  (see  Cities  and  towns). 

Benefit  societies  (see  Fraternal  benefit  societies). 

Bequest  fund,  public,  advertising  of,  appropriation      .  309  196 

BERKSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     452  1 

representatives  in  general  court,  number  apportioned  to,   and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467  1-4 

tax  levy 452  1 


Index.  953 

Item  or 
Chap.  Section. 

Betting,  horse  and  dog  races,  on  (see  Horse  and  dog  racing  meetings 

conducted  under  pari-mutuel  system  of  wagering). 
Beverages,  alcoholic  (see  Alcoholic  beverages). 
Beverly,  city  of  (see  Cities  and  towns). 

Biennial    sessions    of    general    court    and    biennial    budget, 
changes  necessitated  by  adoption  of,  fiscal  requirements, 
certain,  in  .  .  .  .  .  .  .  .  .     502  1-15 

[  499  1-9 

general  laws,  in  ........{  501  1-6 

[508  1-17 

laws  of  commonwealth,  in,  special  commission  established  to 

determine  .......        Resolve         1 

See  also  Budget,  state. 
Billerica,  town  of  (see  Cities  and  towns). 

[273 

Billiard  rooms,  employment  and  hours  of  labor  of  certain  minors  I  348 

in,  further  regulated     .......  1  352 

1.461  5,6,9 

Biologic  laboratories,  division  of  (see  Public  health,  department  of). 
Birch  Hill  reservoir,  flood  control  project  on  Millers  river,  acquisi-  "1  234 

tion  of  land  by  United  States  in  connection  with,  consent  >  ^gg  j_3 

to,  granting  of     .  .  .  .  .  .  .  .J 

Birds,    heath    hen,    species    now   extinct    in    this    commonwealth, 
crayon  drawing  of,  acceptance  of  certain,  by  common- 
wealth        .......        Resolve       16 

See  also  Game  and  inland  fisheries;   Ornithologist,  state. 
Births,  abandoned  children  and  foundlings,  certain,  of,  making  and 

recording  of  certificates  of,  further  regulated  .  _       .  .       61  1-4 

congenital  deformities  and  other  crippling  conditions  in  infants, 

reporting  of 326  1,2 

infants  prematurely  born,  care  of  certain,  relative  to  .  .     246  1, 2 

Bishop  and  Trustees  of  the  Protestant  Episcopal  Church  in 

the  Diocese  of  Massachusetts,  common  trust  fund  for 

the  investment  of  its  own  funds  and  the  funds  of  certain 

other  corporations,  churches,  etc.,  establishment  by  .      163 

Blackstone,    Canal   Company,   water  rights,   certain,   granted   to, 

present  status  and  use  of,  determination  of     .        Resolve       40 
appropriation  .  .  .     _     .  .      _     .  .  .     495  36h 

river,  sanitary  condition  of,  compilation  of  certain  information 

relative  to  ......        Resolve       22 

appropriation  .  .  .  ._         .  .  .  .     495  36c 

withdrawal  of  game  fish  from  Lake  Quinsigamond  into,  effect 
on  restocking  program  of  state  division  of  fisheries  and 
game  of,  determination  of,  etc.      .  .  .        Resolve       40 

appropriation  ........     495  36h 

Blind,  division  of  the  (see  Education,  department  of). 

Blind  persons,  adult,  instruction,  aid,  etc.,  appropriations      .  .     309  371,  373 

deaf  and  blind  pupils,  education  of,  appropriation     .     _      .  .     309  352 

dogs  specially  trained  to  lead  and  serve,  licensing  of,  without  fee       23 

Blue  Book,  so  called,  appropriation 309  203 

Blue  sky  law,  so  called,  administration  and  enforcement  of,  aboU- 
tion  of  securities  division  in  department  of  public  utilities, 
as  affecting  ........      442  1-6 

«pp"p™«°- {S      SS:S! 

BOARDS,    STATE: 

appeal  (see  Appeal,  boards  of). 

bank  incorporation  (see  Banking  and  insurance,  department  of). 

bar  examiners  (see  Bar  examiners,  board  of). 

boiler  rules  (see  Public  safety,  department  of). 

conciliation  and  arbitration  (see  Labor  and  industries,  depart- 
ment of). 

emergency  finance  (see  Emergency  finance  board). 

housing  (see  Housing,  state  board  of). 

immigration  and  Americanization  (see  Education,  department  of). 

milk  control  (see  Milk  control  board). 

parole  (see  Correction,  department  of). 

probation  (see  Probation,  board  of). 

reclamation  (see  Reclamation  board,  state). 

registration  (see  Civil  service  and  registration,  department  of). 

retirement  (see  Retirement  systems  and  pensions,  common- 
wealth, of). 

review  (see  Labor  and  industries,  department  of,  unemployment 
compensation,  division  of). 


954  Index. 


Item  or 
Chap.  Section. 

BOARDS,    STATE  — Concluded. 

teachers'    retirement    (see    Retirement   systems   and    pensions, 

teachers,  of). 
See  also   Commissioners,   state;    Commissions,   state;    Depart- 
ments, state;    Divisions,  state  departments,  of. 
Bodies  (see  Dead  luinian  bodies). 

Boiler  rules,  board  of  (see  Public  safety,  department  of). 
Boilers,  inspection  of,  appropriations  .  .  .  .  .     309  583, 584 

Bonds,  alcoholic  beverages,  excise  tax  on,  filing  by  certain  licensees 

of  bonds  conditioned  upon  payment  of  .  .  .  .     394 

cigarettes,    distributors   of,    commissioner   of   corporations   and 

taxation  may  require  giving  of,  by  .  .  .  .     454  9 

cities,  towns  and  districts,  of  (see  Municipal  finance), 
city,  town  and  county  treasurers,  of,  with  respect  to  the  per- 
formance of  their  duties  in  connection  with  trust  funds 
and  funds  of  retirement  systems  .  .  .  .  .109  1,2 

clerks  of  courts,  assistant  clerks,  etc.,  of,  requirements  as  to  .214  5,  6 

collectors  of  taxes,  of,  when  acting  as  city  and  town  collectors      .       44 
commonwealth,  of  (see  State  finance). 

county  officers  and  employees,  of,  acceptance  of  annual  bond 
required  to  be  filed  subsequent  to  filing  and  acceptance 
of  a  bond  for  the  entire  term  to  preclude  recovery  under 

any  such  bond  previously  filed  and  accepted  ...     214  2 

approval  as  to  form,  by  superior  court  ....     214  1 

changes  in  laws  relating  to  certain         .....     214  1-7 

district  courts,  clerks  of,  of,  requirements  as  to  .  .  .214  5 

hou.sing  authorities,   of,   certain  requirements  relative  to  form 

and  certification  of,  removed  .  .  .  .  .26 

insurance  companies,  deposits  by,  with  state  treasurer,  included 

in,  form  and  denominations  of        ....  .     400  1-3 

medical  examiners  and  associate  examiners,  of,  requirements  as  to     214  4 

milk  dealers,  of,  co-ordination  of  certain  functions  of  department 

of  agriculture  and  milk  control  board  pertaining  to  .     421  1,  2 

motor  vehicle  liability  (see  Motor  vehicles,  liability  for  bodily 

injuries,  etc.,  caused  by,  security  for), 
officials',  premiums  on,  reimbursement,  appropriation         .  .     309  666 

probation  officers,  of,  requirements  as  to   _         .  .  .  .     214  7 

railroad,  investment  in,  by  savings  banks,  institutions  for  savings 
and  trust  companies  in  their  savings  departments,  require- 
ments for,  further  modified  .  .  .  .  .  .87  1,2 

registers  of  deeds,  of,  requirements  as  to  .  .  .  .     214  3 

sellers  of  goods,  wares  and  merchandise  under  designation  of 

"closing  out  sale",  etc.,  given  by,  surrender  of         .  .     207 

supreme  judicial  court,  clerk  and  assistant  clerk  of,  for  com- 
monwealth, requirements  as  to      .  .  .  .  .     214  6 

See  also  Securities. 
Bonus,  soldiers',  so  called,  (see  Soldiers'  bonus). 

[255 

Bootblack  stands,  employment  and  hours  of  labor  of  certain  minors  I  348 

in,  further  regulated     .  .  .  .  .  .  .  1  352 

[461  5,6,9 

Borrowing  (see  County  finance;    Loans;    Municipal  finance;   State 

finance). 
Boston,  airport,  so  called,  bulkheads,  etc.,  construction,  etc.,  at  or 

near 476  2 

height  of  buildings,  etc.,  within  certain  distance  of,  regulated     412  1-8 

and  Maine  Railroad,  payment  by  state  department  of  public 
works  of  sum  of  money  to,  in  compensation  for  certain 
parcels    of    land   in    city    of    Revere    taken    by    eminent 
domain        .......        Resolve       36 

and  Providence  Railroad  Corporation,  continued  transportation 
service  for  communities  served  by,  action  to  assure,  in- 
vestigation relative  to  ....        Resolve       64 

Catholic  Cemetery  Association,  authorized  to  hold  additional 

real  and  personal  estate         ......     443 

city  of  (see  Cities  and  towns). 

ConsoHdated  Gas  Company,  certain  provisions  of  law  not  to  be 
construed  to  authorize  the  consolidation  of  the  Boston 
Edison  Company  and  ......     229  2 

lease  to,  of  certain  property  of  Dedham  and  Hyde  Park  Gas 
and  Electric  Light  Company  to  be  acquired  by  city  of 
Boston,  extension  of  time  for         .....     208  1, 2 

Edison  Company,  certain  provisions  of  law  not  to  be  construed 
to  authorize  the  consoHdation  of  the  Boston  Consolidated 
Gas  Company  and       .......     229  2 


Index. 


955 


Boston  —  Concluded. 

Elevated  Railway  Company,  Atlantic  avenue  elevated  railway 
structure  of,  removal  of,  relative  to         ...  . 

rapid  transit  system  of,  extension  through  Lechmere  square, 
Cambridge,  and  Davis  square,  Somerville,  to  Arlington, 
investigation  relative  to         ...  .        Resolve 

Winthrop,  town  of,  Boston,  Revere  Beach  and  Lynn  Railroad 
Company,   properties  owned   by,   in,   etc.,   purchase   by, 
authorized  ........ 

bus  line  in,  establishment,  etc.,  by,  authorized  . 
See  also  Boston  Metropolitan  District;   Street  railways, 
harbor,  airport  in  East  Boston,  construction  of  bulkheads,  etc., 
at  or  near,  to  provide  area  for  dumping  material  dredged 
from  ......... 

Army  base  terminal,  so  called,  in,  improvement  of  approaches 
to  .  .  .  .  .  .  .  .        Resolve 

appropriation      ........ 

harbor  lines  in,  Commercial  and  Atlantic  avenue  waterfront, 
along,  relocated  ........ 

East  Boston,  southerly  and  easterly  sides  of,  along,  relocated 
South  Boston  waterfront,  along,  relocated 
hulks  or  wrecks  lying  along  East  Boston  waterfront,  removal  of 
appropriation       ........ 

See  also  Metropolitan  districts,  sewer  districts, 
juvenile    court,    probation    officers    of,    traveling    expenses    of, 
regulated    ......... 

metropolitan    district,    trustees   of,    Boston    Elevated    Railway 
Company,  purchase  by,  of  certain  railroad  property  in 
Winthrop  and  East  Boston,  powers  and  duties  as  to 
Winthrop,  town  of,  inclusion  in,  authorized 
municipal  court  of  the  city  of  (see  District  courts). 
Port  Authority,  Boston  airport,  so  called,  construction  of  bulk- 
heads, etc.,  at  or  near,  certain  duties  as  to 
cost  of,  reimbursement  of  city  of  Boston  for  portion  of,  appro- 
priation      ....... 


port  of,  functions  relating  to,  appropriations 


psychopathic  hospital,  appropriations 

Revere  Beach  and  Lynn  Railroad  Company,  discontinuance  of 

operation,  disposition  of  certain  propertJ^  etc.,  authorized 

town  of  Winthrop  authorized  to  contribute  towards  cost  of 

service  by  . 
Winthrop  and  Boston,  properties  owned,  etc.,  in,  by,  purchase 
by  Boston  Elevated  Railway  Company,  authorized 
state  hospital,  appropriations  ...... 

Boulevards  and  parkways,  in  general,  appropriations  . 

Highway  Fund,  portion  of,  received  by  cities  and  towns  in  met- 
ropolitan  parks  district,   application   by  said   cities  and 
towns  to  the  payment  of  certain  assessments  for 
maintenance  costs  of,  apportionment  of  certain  expense  of  metro- 
politan district  commission  as,  relative  to        .  .  . 
term  "boulevard"  defined  for  purposes  of  apportioning 
See  also_  Metropolitan  districts,  parks  district. 
Boundary  line,  Marion  and  Wareham,  between,  portion  of,  changed 
and  established    ........ 

Rochester  and  Wareham,  between,  changed  and  established 
Waltham  and  Belmont,  between,  improvement  of  certain  section 
of  Beaver  brook  constituting  a  part  of  . 
Bourne,  town  of  (see  Cities  and  towns). 

Water  District,  additional  water  loan       ..... 

description  of  the  territory  of,  changed  .... 

Bovine  animals  (see  Agriculture,  department  of:  divisions,  etc.,  of: 

livestock  disease  control). 
Bowles,  Verna  C.,  conveyance  of  certain  land  in  Lakeville  to,  by 
commissioner  of  public  health        ..... 

Boxing  commission,  state  (see  Public  safety,  department  of). 
Boys,  industrial  scliool  for,  appropriation        ..... 

Lyman  scho(jl  for,  appropriation      ...... 

parole  of,  department  of  public  welfare,  appropriations 
See  also  Minors;  Newsboys. 


Chap. 

Item  or 
Section. 

482 

1-5 

21 

510 
510 

1-6,9 
1,4,9 

13 

309 

633a 

402 

1-3 

411 

1.2 

403 

1-3 

476 

1 

518 

633b 

510 
510 


309 

309 

518 
309 

387 


438 


3,4 
7,9 


670 

626-630, 

633, 633a 

633b 

480 

2 


510 

1-6,9 

309 

48 1-48 lb 

387 

2 

309 

653, 654 

495 

653 

232 

469 

504 

429 

3,4 

429 

1,  2,  4 

279 

l,.3-6 

279 

1.  2,  4-6 

84 

1,  2 

192 

1,  2 

35 

309 

536 

309 

538 

309 

530-533 

956 


Index. 


Bradford  Durfee  Textile  School,  appropriation  .... 

Brakes  (see  Motor  vehicles). 

"Breaks",  so  called  (see  Horse  and  dog  racing  meetings,  etc.). 

Brick  or  lumber  yards,  employment  and  hours  of  labor  of  certain  I 
minors  in,  further  regulated  .  .  .  .  .    | 

BRIDGES: 

in  general,  construction,  reconstruction,  etc.,  of,  in  connection 
with  certain  flood  control  work      .  . 

floods,  certain,  damaged  by,  reconstruction  of,  payment  of 
portion  of  cost  of,  by  certain  cities  and  towns,  time  ex- 
tended for  .  .  .  .  •..•..• 
metropolitan     district     commission,     under    jurisdiction     of, 
maintenance  costs  of  certain,  relative  to  .  .  . 

Acushnet   river,    over.    New   Bedford   and   Acushnet,    between, 
construction  by  Acushnet  Process  Company,  authorized 

Avon  street  in  city  of  Boston,  structure  bridging,  construction, 
etc.,  authorized   .  .  .    _      .  .  .  . 

Duck  bridge,  over  Merrimack  river  in  Lawrence,  rebuilding  of 
roadway  floor  of,  by  Essex  county  .... 

Gurnet,  Duxbury,  in,  town  way,  to  be     . 

Powder  Point  (see,  supra,  Gurnet). 

Tashmoo  channel,  over,  town   of   Tisbury  authorized   to  con- 
struct, without  a  draw  ...... 

Wellington,  appropriations      ....... 

Bridgewater,  state  hospital,  sex  crimes,  so  called,  release  or  discharge 

from,  of  persons  charged  with  or  convicted  of,  furnishing 

to  certain  authorities  of  information  relative  to 

temporary  absence  on  leave  of  certain  prisoners  committed  to, 

further  regulated  ....... 

transfer  of  insane  criminals  confined  at,  upon  establishment 
of  Norfolk  state  hospital  for  criminal  insane  . 

state  teachers  college,  appropriations 

town  of  (see  Cities  and  towns). 
BRISTOL    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

bills  incurred  during  1938,  payment  of  certain,  expenditure  for 
Lyons,  William  F.,  payment  of  certain  compensation  to,  author- 
ized  .  .  .  .  .  .  .  .  . 

Nerney,   Olive   A.,   payment   of   certain   compensation   to,    by 
county  commissioners  of       .  .  .  . 

representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         ....... 

tax  levy        .......... 

Broad  canal,  Charles  river  basin,  in,  dredging,  appropriation  . 
Brokers,  insurance  (see  Insurance,  agents  and  brokers). 
Brooks  (see  Waters  and  waterways). 

Budget,  commissioner  (see  Administration  and  finance,  commission 
on), 
procedure,  Boston,  city  of,  and  county  of  Suffolk,  in,  investiga- 
tion and  study  relative  to     .  .  .  .        Resolve 


state,  biennial,  appropriation  acts 


Resolves 

limitations,  certain,  on  expenditures  contained  in,  made 
effective,  and  certain  items  in,  reduced 
changes  necessitated   by  adoption   of,   fiscal   requirements, 
certain,  in         .......  . 


Chap. 
309 


273 
348 
352 
461 


Item  or 

Section. 

401 


5,6,9 


309 

Page  361 

429 

I,  2,4 

430 

1.  2 

340 

1-3 

314 
379 

1-4 
1-3 

100 
309 

1,2 
658, 684 

116 

54 

485 
309 
495 

2 
383, 384 
383, 384 

452 
10 

1 
1.2 

150 

1,2 

390 

1.2 

467 
452 
309 

1-4 

1 

674 

general  laws,  in   . 

laws  of  commonwealth,  in,  special  commission  established 
to  determine    ..,,,,       Resolve 


99 

4 

164 

1,2 

247 

2 

309 

1-8 

492 

495 

1-4 

518 

1-3 

12,  14, 

64,  74 

387 

1.2 

502 

1-15 

499 

1-9 

501 

1-6 

508 

1-17 

Index.  957 

Item  or 
Chap.  Section. 
Building  inspection  service,  department  of  public  safety,  appro- 
priations           .          .309             581,  582 

Buildings,    Boston  airport,   so  called,   within   certain  distance  of, 

height  regulated  .  .  .  .  ...     412  1-8 

Boston,  in,  inspection,  materials,  construction,  alteration,  repair, 
height,  area,  location  and  use  of,  regulation  by  ordinance, 
authorized 217  1,  2 

construction,  etc.,  employment  and   hours  of  labor  of  certain  I  348 
minors  in,  further  regulated  .  .  .  .  .1  352 

[461  5,6,9 

explosives  and  inflammables,  erection  and  use  of,  for  keeping, 
etc.,  applications  for  reinstatement  of  licenses  for,  notifi- 
cation of  local  authorities  of,  and  of  the  action  taken 
thereon       .  . 333 

public,  contracts  for  construction,  etc.,  by  commonwealth,  etc., 

fair  competition  for  bidders  on,  required  .  .  .     480 

Wakefield,  in,  conversion  of  existing  buildings  into  non-fireproof 
tenement  houses  not  exceeding  two  and  one  half  stories 
in  height     . 440  1,  2 

See  also  Housing;   Housing,  state  board  of. 
Buildings,  superintendent  of  (see  Superintendent  of  buildings). 
Bulletins  of  committee  hearings,  general  court,  appropriations    .  |  ~~^  |? 

Bullion,  currency,  etc.,  contract  carriers  by  armored  motor  ve- 
hicles of,  exempt  from  laws  requiring  the  filing  of  certain 
contracts  with  the  department  of  public  utilities     .  .171 

Bunker  Hill  monument,  maintenance,  etc.,  appropriation    .  309  652 

Bureaus,  state,  public  employment  offices  (see  Public  employment 

offices). 
Burials,  expenses  of,  workmen's  compensation  law,  payment  under, 
not  to  be  deducted  from  compensation  due  dependents 
in  fatal  injury  cases     .  .  .  .  .  .  .81 

See  also  Cemeteries;    Funerals. 
Buses,  special  and  chartered,  placed  under  supervision  of  department 

of  public  utilities 404  1,2 

See  also  Motor  vehicles,  passengers,  transporting,  for  hire. 
Business,  closing  out  sales,  so  called,  further  regulated  .  .  .     207 

fair  competition,  public  works,  bidders  on  construction,  etc.,  of 

certain,  required  for     .......     480 

Fair  Trade  Law,  so  called,  penalty  by  way  of  forfeiture  imposed 
on  persons  performing  acts  constituting  unfair  competition 

under 313 

vending   equipment,    commodities   sold   from    certain,    made 

subject  to  .  .  .  .  .  .  .  .  .     231 

Unfair  Sales  Act,  so  called,  clarifying  of,  by  further  defining 

certain  terms  as  used  therein  .....     189  1,  2 

See  also  Employment;    Sales;    Unemployment. 
Business  corporations  (see  Corporations). 


c. 

Cabins  (see  Camps). 

Call  firemen  fsee  Fire  departments). 

Cambridge,  city  of  (see  Cities  and  towns). 

Campaign  contributions  (see  Elections,  political  contributions). 

Camp  ground,  state,  so  called,  Framingham,  town  of,  in,  memo- 
rial plot  at,  establishment,  etc.       .....     381 

Camps,  recreational  camps,  overnight  camps  or  cabins  and  trailer 

camps,  Ucensing  of,  required  .....     416 

Canals  (see  Waters  and  waterways). 

Cancer  hospital,  Pondville,  appropriation 309  572 

Candidates  (.see  Elections). 

Canton  Mutual  Liability  Insurance  Company,  receivership  of, 

expenses,  appropriation  ......     495  319a 

Cape  Cod,  canal,  pier,  appropriation 309  623 

Institute  of  Music,  degree  of  bachelor  of  music,  granting  by, 

authorized  ........     277 

niosquito  control  project,  appropriation  .....     309  267 

Capital  cases,  appeals  in 341 

See  also  Murder. 

Capital  stock  (see  Corporations;   Securities). 


958  Index. 


Item  or 

Chap.  Section. 

Capitol  police,  appropriation       .......     309  183 

Carriers : 

common,   proposed   changes  in   schedules   of  rates  of,   time   of 
taking  effect,  department  of  public  utilities  authorized  to 
make  successive  suspensions  of       .  .  .  .  .        18 

exemption  of  certain  contract  carriers  from  laws  requiring  the 

filing  of  certain  contracts  with  department  of  public  works     171 
interstate  (see  Interstate  motor  carriers), 
passengers,  transporting,  by  motor  vehicle  (see  Motor  Vehicles, 

passengers,  transporting,  for  hire), 
property,  transporting,  by  motor  vehicle   (see  Motor  Vehicles, 
property,  transporting). 
Catholic  Cemetery  in  Dorchester,  additional  real  and  personal 

estate,  proprietors  authorized  to  hold     .  .  .  .     443 

Cattle  (see  Agriculture,  department  of:   divisions,  etc.,  of:   livestock 

disease  control). 
Caucuses  (see  Elections). 
CEMETERIES : 

Boston    Catholic    Cemetery    Association,    authorized    to    hold 

additional  real  and  personal  estate  ....     443 

Four  Corners  Cemetery,  town  of  Palmer  authorized  to  remove 
and   reinter   certain   remains   in,    and    construct   certain 
cemetery  ways  therein  .  .  .  .  .  .4  1-3 

metropolitan  water  supply  development,  general  burial  grounds 
established  in  connection  with,  care  and  control  of,  to  be 
transferred  to  metropolitan  district  commission       .  .176 

Wildwood  Cemetery,  city  of  Gardner  authorized  to  lease  por- 
tions of,  for  log  storage  purposes   ..... 

Wrentham  Cemetery  Corporation,  town  of  Wrentham  author- 
ized to  receive  and  administer  the  property  of 
Census,  decennial,  assessors  of  taxes,  certain  powers  and  duties  as 
to,  transferred  to  registrars  of  voters      .... 

Centerville-Osterville  Fire  District,  certain  action  of,  and  of  the 
officers  thereof,  validated      ...... 

Central  Credit  Union  Fund,  Inc.,  authorized  to  become  a  mem- 
ber, and  to  invest  in  shares  of  certain  credit  unions  . 
Certificates  of  approval,  bacteriological  laboratories,  of,  issuance 
by  state  department  of  public  health      .... 

Certified  public  accountants,  registration  of,  appropriations 
Certiorari,  superior  court  to  have  original  jurisdiction  concurrently 

with  supreme  judicial  court  of  all  matters  relating  to 
Cession,  United  States,  to,  of  jurisdiction  over  certain  lands  acquired 
for  certain  flood  control  projects    .  .  . 

of  jurisdiction  over  certain  lands  in  city  of  Chicopee  and  town 
of  Ludlow  acquired  for  purposes  of  an  army  air-base 
Chadwick,  Henry  D.,  retirement  rights  of    ..... 

Chamberlayne  School,  use  by,  of  name  of  Chamberlayne  Junior 
College,  authorized,  etc.         ...... 

Chaplains,  general  court  (see  General  court). 
Charitable,  etc.,  corporations,  dissolution  of  certain   . 

Charles  Hayden  Foundation,  permitted  to  be  a  limited  partner 

in  Hayden,  Stone  &  Co.,  for  a  certain  period 
Charles  river,  basin,  maintenance,  appropriations 

storm  overflows  into,  works  to  provide  relief  from,  construc- 
tion, etc.     ......... 

West  End   Beach,   Joseph  Taylor  drowned   at,  payment  by 

commonwealth  of  sum  of  money  to  father  of    .        Resolye 

sanitary  condition  of,  and  the  lands  adjacent  thereto  in  certain 

cities  and  towns,  investigation  relative  to        .        Resolve 

compilation  of  certain  information  relative  to         .        Resolve 

appropriation  ........ 

storm  overflow  conduits  on  sides  of,  construction,  etc. 
valley,   protection  of  pubhc  health,   and   relief  from   mosciuito 
nuisance    in    certain    portion    of,    investigation    relative 
to       .......  .        Resolve       54 

Charlestown  district  of  city  of  Boston,  sewers  in,  etc.,  construc- 
tion   by    metropolitan    district    commission,    increased 
expenditure  for    ........     285 

Chartered  buses,  so  called,  placing  of,  under  supervision  of  depart- 
ment of  public  utilities  ......     404  1,  2 

Cheever,  Carl  I.,  placing  on  the  retired  list  of  commissioned  officers 

of  the  miUtia,  relative  to       .  .  .  .  .  .50 

Chelsea,  city  of  (see  Cities  and  towns). 


118 

1,2 

25 

1-4 

342 

1 

62 

1,2 

112 

1,2 

344 
309 

436, 437 

257 

1,2 

284 

463 
353 

2 
1-4 

365 

179 
399 

1-5 
1-5 

86 
309 

672,  674 

512 

3 

41 

54 

495 
512 

36c 
3 

461 

1-3 

193 

1.2 

461 

5 

295 

309 

355 

495 

355 

38 

Index.  959 

Item  or 
Chap.  Section. 

Cherry  Valley  and  Rochdale   Water  District,   boundaries  of, 
changed,   and   certain  other   changes  made  in  the  laws 
relative  thereto    ........       71  1-4 

Chicopee,  city  of  (see  Cities  and  towns). 

river,  flood  protection  works  along,  construction,  etc.,  by  city  f    97  1-4 

of  Chicopee \  364  1,  2 

Child  guardianship,  division  of  (see  Public  welfare,  department  of). 
Child  hygiene,  division  of  (see  Public  health,  department  of). 
Children,    abandoned,    birth    certificates   of   certain,    making   and 

recording,  further  regulated  .....       61  1-4 

"dependent  child  ",  term  further  defined  under  law  providing  aid 

to  dependent  children  ......     487 

employment  of  (see  Minors). 

mothers  with  dependent,  aid  to  (see  Mothers  with  dependent 

children,  aid  to), 
school,  compulsory  attendance  at,  age  limit  for,  raised 
theatres,  appearance  of  certain  children  on  the  stage  of  certain, 
further  regulated  ....... 

veterans,  certain,  of,  soldiers'  relief,  granting  to  certain 

educational   opportunities,   higher,   providing  of,   for,   appro- 
priations .  . 
investigation  relative  to         ...  .        Resolve 

See  also  Infants;    Minors;   Parent  and  child. 
Chilmark,  town  of  (see  Cities  and  towns). 
Chiropody  (podiatry),  board  of  registration  in  (see  Civil  service 

and  registration,  department  of). 
Chronic  rheumatism,  hospitalization  of  patients  with,  appropria- 
tion   .  ' 309  562 

CHURCHES   AND   RELIGIOUS   CORPORATIONS: 

in  general,  alcoholic  beverages,  notice  of  applications  for  licenses 

to  sell,  or  for  transfers  thereof,  giving  to  certain,  required     414 
inactive,  suits  to  determine  the  disposition  of  the  property  of 
certain,    supreme   judicial,    superior   and   probate   courts 
given  jurisdiction  in  equity  of        .  .  .  .  .      194  1,2 

See  also  American  Board  of  Commissioners  for  Foreign  Missions, 
The;    Bishop  and  Trustees  of  the  Protestant  Episcopal 
Church   in    the    Diocese    of    Massachusetts;     Springfield 
Branch  of  the  Woman's  Board  of  Missions,  The. 
CIGARETTE   TAX,    TEMPORARY: 

imposition,  etc.      .........     454  1-18 

CITIES   AND   TOWNS: 
in  general : 

accounts  of  (see  Municipal  finance). 

aid  and  rehef,  certain,  by,  state  reimbursement,  appropriations  I  ^^^  P        702 

alcoholic  beverages,  sale,  etc.,  in  (see  Alcoholic  beverages). 

American  Legion,  The,  national  convention  of,  in  1940,  enter- 
tainment, etc.,  at,  appropriations  for,  in  the  event  the 
same  is  held  in  Boston  .  .  .  .  .  .115 

anti-rabic  vaccine,  reimbursement  of  certain,  for  cost  of,  rela- 
tive to         .  .       _ 42 

appropriations  by,  American  Legion  convention  in  1940,  in 

connection  with,  in  the  event  the  same  is  held  in  Boston     115 
highway  purposes,  for,  deduction  from,  of  amounts  received  J  ~^^ 

from  Highway  Fund  for  local  highway  purposes       .  .  1  t^^  1    o 

insurance  providing  indemnity  or  protection  for  collectors 

and  treasurers  on  account  of  certain  losses,  for  .  .        19 

schools,    support   of,    for,    remedy   upon   failure   to   make 

sufficient     .........     294 

See  also  Municipal  finance, 
assessors  (see  Assessors  of  taxes). 

assistant  treasurers  of,  appointment,  etc.,  authorized      .  .       89 

birth  certificates  of  certain  abandoned  children  and  foundlings, 

making  and  recording  of,  further  regulated     .           .           .        ' ' 
borrowing  of  money  by,  emergency  storm  damage,  to  repair  . 
federal  aid  projects,  so  called,  for,  relative  to      . 
housing  authority  law,  under,  certain  requirements  removed 
outside  debt  limit,  emergency  purposes,  for,  further  regu- 
lated   457 

public  welfare  and  soldiers'  benefits  and  federal  emergency  f    72  1-3 

unemployment  relief  projects,  on  account  of  .  .  .  \  453 

revenue,  in  anticipation  of,  renewal  of  certain  temporary  loans      68 


61 

1-4 

63 

423 

1,2 

26 

960  Index. 


Item  or 
Chap.  Section. 


CITIES    AND    TOWNS  —  Continued. 
in  general  —  Continued. 

borrowing  of  money  by  —  Concluded. 

rivers  and  streams,  improvements,  certain,  in,  acquisition 

of  lands,  etc.,  in  connection  with,  for      ....     513  3 

tax,  state,  deficit  in  amounts  assessed  in  1938,  funding  by 

cities  and  towns  of  their  shares  of,  for    .  .  .  .     464  1-3 


tax  titles,  based  upon 


/288  1,2 

\496 


See  also  Municipal  finance, 
bridges  damaged  by  certain  floods,  reconstruction  of  certain, 

payment  of  portion  of  cost  of,  by,  time  extended  for         .     309  Page  361 

camps  and  cabins  (see,  infra,  overnight  camps  or  cabins), 
children,  abandoned,  birth  certificates  of  certain,  making  and 

recording  of,  further  regulated       .  .  .  .  .        61  1-4 

r    72  1—3 

dependent,  aid  to,  borrowing  on  account  of,  by  .  .  <  .^o 

state  reimbursement,  appropriations       .  .  .  <  ci  o  Paee  792 

civil  service  laws,  application  to  (see  Civil  service  laws). 

clerks  of  (see  City  and  town  clerks). 

coastal  wardens  in,  appointment,  compensation,  etc.       .  .     491  8,  11 

collectors  of  taxes  (see  City  and  town  collectors;  Collectors  of 
taxes). 

dancing  schools,  so  called,  licensing  and  police  supervision  of, 

in  certain    .  .  .  .  .  .  .  .  .     253 

deficit  in  amounts  assessed  in   1938  for  state  tax  purposes, 

funding  by,  of  their  share  of,  authorized  .  .  .     464  1-3 

dog  racing  (see,  infra,  horse  and  dog  racing  meetings). 

draw  tenders  in  employ  of  certain,  pensions  of,  relative  to       .     243 

elections  (see  Elections). 

emergency  purposes,  incurring  of  debt,  outside  debt  limit,  for, 

by,  further  regulated    .......     457 

Emergency  Relief  Appropriation  Act  of  1935,  Federal,  securing 
of  benefits  of,  by,  extension  of  provisions  of  certain 
enabling  acts  relative  to         .....  .     423  1,  2 

employees  of  (see  Municipal  officers  and  employees). 

English    speaking    classes    for   adults,    state    reimbursement, 

appropriation       .  .  .  .  .  .  .  .     309  358;  Page  368 

explosives  and  inflammables,  erection  and  use  of  buildings, 
etc.,  for  storage,  etc.,  of,  applications  for  reinstatement 
of  licenses  for,  notification  of  local  authorities  of,  and  of 
action  taken  thereon    .......     333 

federal  grants  to,  for  public  works,  etc.  (see  Federal  emergency 
laws). 

finances  of  (see  Municipal  finance). 

fire  departments  of  (see  Fire  departments). 

flood  control,  improvements,  certain,  in  rivers  and  streams 
for  purposes  of,  acquisition  by,  of  lands,  etc.,  in  connec- 
tion with,  authorized   .  .  .  .  .  .  .     513  2,  3 

foremen  in  employ  of  certain,  pensions  of,  relative  to     .  .     243 

foundlings,  birth  certificates  of  certain,  making  and  recording 

of,  further  regulated     .  .  .  .  .  .  .61  1-4 

funeral  expenses  of  certain  poor  and  indigent  persons,  amounts 

payable  by  commonwealth  for,  increased         .  .  .     370 

gasoline  (see,  supra,  explosives  and  inflammables). 

health,  boards  of  (see  Health,  local  boards  of). 

Highway  Fund,  certain  funds  received  in  1938  from,  expendi- 
ture by,  for  local  highway  purposes,  authorized       .  .  2 

[232 
portion  of,  payment  by  commonwealth  to  .  .  .  I  469 


504  1, 2 

2 


highway  purposes,  expenditure  for,  of  certain  sums  received  I  232 
from  commonwealth  therefor         .  .  .  .  .   \  469 


horse  and  dog  racing  meetings,  location  of  tracks  for  holding, 
public  hearing  prior  to  approval  by  municipal  authorities, 
holding  of,  required      .  .  .  .  .  .  . 

persons  licensed  to  hold,  exempted  from  certain  municipal 
license  fees  ........ 

housing  authorities  in,  bonds,  notes,  etc.,  of,  certain  require- 
ments relative  to  form,  certification  and  reports  of  bor- 
rowings, removed  ....... 


504 


Index.  961 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 
in  general  —  Continued. 

hurricane,    emergency   loans    to    repair   damage    caused    by, 

authorized  ........       63 

income  taxes,  distribution  to       .  .  .  .  .  .     373  4 

indebtedness  of  (see  Municipal  finance). 

indigent  persons  (see,  infra,  poor  persons). 

infants,  congenital  deformities  and  other  crippling  conditions 

in,  reporting  of,  to  clerks  in  .  .  .  .  .     326  1,  2 

prematurely  born,  care  of  certain,  reimbursement  for  ex- 
penses of,  relative  to    .  .  .  .  .  .  .     246  2 

inns,  lodging  houses  and  public  lodging  houses  in,  information 
relative  to  persons  residing  at,  securing  of  certain,  in 
connection  with  registration  thereof  as  voters  .  .     369  1, 2 

inspectors  in  employ  of  certain,  pensions  of,  relative  to  .  .     243 

insurance  providing  indemnity  for  or  protection  to  treasurers 
and  collectors  on  account  of  certain  losses,  appropriations 
for,  authorized     .  .  .  ...  .  .        19 

kennel  licenses,  revocation  or  suspension  of,  in  connection 
with  the  abatement  of  certain  conditions  constituting  a 
public  nuisance,  proceedings  for     .  .  .  .  .     206 

laborers  in  employ  of  certain,  pensions  of,  relative  to      .  .     243 

lands  of  low  value,  formerly  held  by,  under  tax  title,  care  and 
disposal  of,  after  acquisition  of  absolute  title  through  sale 
thereof 123 

licenses  and  permits  (see  Licenses  and  permits). 

liquors,  alcoholic,  manufacture,  sale,  etc.,  of,  in  (see  Alcoholic 
beverages). 

lists  of  inhabitants  of,  preparation,  printing  and  posting  of, 

relative  to 188  1-3 

loans  by  (see,  supra,  borrowing  of  money  by). 

mechanics  in  employ  of  certain,  pensions  of,  relative  to  .     243 

metropolitan  districts,  in  (see  Metropolitan  districts). 

military  aid,  borrowing  of  money  on  account  of     . 

state  reimbursement,  appropriation  .... 

milk  beverages,  so  called,  manufacture,  sale  and  delivery  of 

certain,  regulated  in     .......     317 

mothers'  aid,  so  called,  by,  borrowing  of  money  on  account  of 

state  reimbursement,  appropriations  .... 

National  Industrial  Recovery  Act,  securing  of  benefits  of,  and 
acts  in  amendment  thereof,  and  in  addition  thereto,  by, 
extension  of  provisions  of  certain  enabling  acts  relative 
to 423  1,2 

needy  persons  (see,  infra,  poor  persons). 

newsboys,  badges  for  certain,  maximum  fee  for  issuance  by    .       94 

nomination  for  city  and  town  offices  (see  Elections). 

notes,  issuance  by  (see  Municipal  finance,  borrowing  of  money). 

officers  of  (see  Municipal  officers  and  employees;  and  specific 
titles  of  officers). 

offices,  placing  of  certain,  under  civil  service  laws,  by,  author- 


72 

1-3 

453 

309 

160 

317 

72 

1-3 

453 

309 

516 

518 

Page  792 

183 

old  age  assistance,  so  called,  by,  appeals  under,  further  regu- 
lated   481 


borrowing  of  money  on  account  of 


/    72  1-3 

1453 


state  reimbursement         .  .  .  .  .  .  .  /  59^  ^^        ^^i 

\  518  Page  792 

overnight  camps  or  cabins,  licensing  of,  by  boards  of  health  in     416 

pensions  (see  Retirement  systems  and  pensions). 

permits  by  (see  Licenses  and  permits). 

police  of  (.see  Police  officers). 

political  committees  of  (see  Elections,  political  committees). 

poor  persons,  funeral  expenses  of  certain,  amounts  payable  by 

commonwealth  for,  increased  .....     370 

primaries  in  (see  Elections). 

public  buildings,  construction,  alteration,  etc.,  by,  fair  compe- 
tition for  bidders  on,  required         .....     480 

public  welfare,  aid  rendered  to  persons  having  lawful  settle- 
ments in  other  cities  and  towns,  suits  to  recover  for,  time 
extended  for  bringing  .  .  .  .  .  .  .39  1, 2 

boards  of  (see  Public  welfare,  local  boards  of). 


962 


Index. 


CITIES    AND    TOWSfS  —  Continued. 
in  general  —  Continued. 
pul:ilic  welfare  —  Concluded. 

relief  by,  borrowing  on  account  of,  by        . 
public  works  for,  federal  grants  for  (see  Federal  emergency 
laws), 
reserve  police  officers  employed  by  contractors  on  certam, 
prevailing  rate  of  wage,  to  receive  .... 

See  also  Public  works, 
public  works,  state  department  of,  employees  engaged  in  work 
being   done   under   contract   with,    inclusion   of    certain, 
within  provisions  of  workmen's  compensation  law   .  . 

records    and    files,    certain,    pertaining    to    employees    within 
classified  civil  service,  deemed  to  be  public  records 
See  also  Public  records, 
recreational   camps,   overnight   camps   or    cabins   and   trailer 

camps,  licensing  of,  by  boards  of  health  in       . 
registrars  of  voters  (see  Registrars  of  voters), 
reimbursement  by  commonwealth   (see,  infra,  state  aid  and 

reimbursement), 
reserve,  forces  in  police  and  fire  departments  of  certam,  ulti- 
mate abolition  of  .  ■  •  ■  •      .  .  ■ 
police  officers  employed  on  public  works  in,  prevailing  rate 
of  wage,  to  receive        .          .          .          •    _      • 
residents   of,   preparation,    printing   and   posting   of  lists   of, 
relative  to            .          .          .          •          •.-.•.• 
retirement    systems,    contributory,    for,    authorizing    certain 
employees  to  become  members  of,  and  regulating  their 
credit  under  such  systems  for  prior  service      . 
transfers   of   members   of,   to   other   contributory   systems, 
further  regulated           ....... 

See  also  Retirement  systems  and  pensions, 
revenue  loans,  temporary,  renewal  of  certain 
rivers  and  streams,  improvements,  certain,  in,  for  purpose  of 
protection  against  flood,  acquisition  by,  of  lands,  etc.,  in 
connection  with,  authorized  ..... 

schools,  school  committees,  etc.  (see  Schools,  public). 
sex  crimes,  so  called,  information   relative  to  release  or  dis- 
charge of  persons  charged  with  or  convicted  of,  furnishing 
to  police  authorities  of  .  .  •  •  •      .     ■ 

shellfish   in   coastal,    state   aid   in   conserving   and   increasing 
supply  of,  appropriation         ...... 

soldiers'  benefits,  borrowing  on  account  of ,  by 
state  aid  and  reimbursement: 

aid  and  relief,  certain,  appropriations 

old  age  assistance,  appropriations     .... 

pensions  paid  to  school  teachers,  appropriation 
schools,  public,  for  (see  Schools,  public), 
state  and  military  aid,  appropriation 
taxes,  loss  of  certain,  appropriation  .... 
state  aid  by,  borrowing  of  money  on  account  of     . 

state  tax  (see,  infra,  tax,  state). 

storekeepers  in  employ  of  certain,  pensions  of,  relative  to 
storm  damage  loans,  emergency,  authorized 
street  lighting,   maintenance   of,   expenditure  for,   of  certain 
sums  to  be  paid  by  commonwealth  to  its  munici- 
palities for  local  highway  purposes  .  . 
repeal  of  provisions  authorizing  such  expenditure 
surface  or  storm  water,  sewers,  drains,  etc.,  for  separation  of, 
construction    by    cities    and    towns    using    metropolitan 
sewers,  requirement  as  to      . 
taxation,  local  (see  Taxation). 

tax,   county,   basis  of  apportionment,   quadrennial  establish- 
ment of       ........  • 

years  1939  and  1940,  for 

taxes,  collectors  of  (see  City  and  town  collectors;  Collectors  of 

taxes). 
tax  rates,  fixing  of,  for  current  year,  relative  to     . 


Chap. 


72 
453 


468 
420 


419 
252 

188 

228 
449 


116 

309 
•  72 
453 

309 
518 
309 
518 
309 

309 

309 

72 

453 

243 
63 


232 
469 


512 


346 
452 


140 
493 


Item  or 
Section. 


1-3 


1,2 


2.3 


311 
1-3 


516-520 

Page  792 

521 

Page  792 

378 

160 
336 
1-3 


Index.  963 

Item  or 
Chap.  Section. 

CITIES   AND    TO'WNS  —  Conti7iued. 
in  general  —  Concluded. 

tax,  state,  basis  of  apportionment,  quadrennial  establishment 

of 346 

deficit  in  amounts  assessed  in  1938,  funding  by,  of  their 

share  of,  authorized      .......     464  1-3 

years  1939  and  1940,  for 516  1-8 

tax  titles,  borrowing  of  money  based  upon    .  .  .  .  |  ^^^ 

low  value  land  formerly  held  under,  care  and  disposal  of, 

after  acquisition  of  absolute  title  through  sale  thereof      .      123 
redemption  of  subdivisions  of  land  held  under,  as  affecting     181 
teachers,  school  (see  Schools,  public). 

trailer  camps,  licensing  of,  by  boards  of  health  in  .  .416 

treasurers  of  (see  City  and  town  treasurers), 
unemployment   relief,   expenditure   for,    of   certain   funds  re- 
ceived in  1938  from  the  Highway  Fund  for  local  highway 
projects      .........         2 

federal  projects  for,  borrowing  of  money  on  account  of       •  ^  aIq 

vaccine,   anti-rabic,   reimbursement   of   certain,   for   cost  of, 

relative  to  .  .  .  .  .  _.  .       _   .       42 

wages,  reserve  police  officers  employed  on  public  works  in, 

prevailing  rate,  to  receive      ......     252 

water  boards,  joint  (see  Water  boards,  joint). 

ways,    defects   in,    notices,   insufficient,    of   injuries   resulting 

from,  correction  of        ......  .     147 

See  also  Ways. 

welfare  aid  by  (see,  supra,  public  welfare). 

workmen's  compensation  law,  payment  of  wages  or  salaries  to 
employees  of,  in  certain  cases  where  compensation  for 
total  incapacity  is  payable  under,  prohibited  .  .     435 

cities,  absent  voting  at  regular  city  elections,  acceptance  by 
city  councils  of  law  permitting,  required  to  be  made  at 
least  ninety  days  before  first  elections  to  which  such  pro- 
visions will  apply         .  .  .  .  .  .  .152 

aldermen  (see  Aldermen) . 

matrons  of  police  departments  in  certain,  placed  under  ci\al 

service 256  1-3 

mayors  (see  Mayors). 

orders  authorizing  the  issue  of  bonds,  notes,  etc.,  for  certain 
purposes,  question  of  approving  or  disapproving,  sub- 
mission to  voters  of  certain  cities  ....     108  1,  2 

ordinances  of,  investigation  relative  to  .  .        Resolve       69 

retirement   allowances   of   certain   pohce   officers   in   certain, 

amount  of,  relative  to   _         .  .  .  .  .  .     264  1,  2 

ward  committees  (see  Elections,  political  committees). 
towns,  animals,  inspection  of,  state  reimbursement,  appropria- 
tion        309  261 

appropriations  by,  unemployment  funds,  temporary  emer- 
gency, for,  and  use  of  said  funds  further  regulated    .  .46  1,2 

auditors  in,  election  for  terms  of  three  years,  authorized  .      129 

Barnstable  county,  in,  forest  fire  fighting  apparatus  for  use  by, 

purchase,  etc.,  by  county  commissioners  of  said  county    .     349  1,  2 

borrowing  of  money  by,  in  advance  of  appropriations,  correc- 
tion of  certain  provisions  of  law  relative  to     .  .  .37 

forest  fires,  extinguishing  of,  equipment  for,  etc.,  state  aid  in 

purchasing,  appropriation  .....     309   274 ;  Page  367 

expenses,  certain,  in,  state  reimbursement,  appropriation     309  278 

officers  of  (see  Municipal  officers  and  employees). 

public  ways,  other  than  state  highways,  in  small  towns,  ex- 
penditure of  state  funds  for  repair  and  improvement  of, 
certain  restriction  upon,  removed  ....     224 

selectmen  (see  Selectmen). 

town  cominittees  (see  Elections,  political  committees). 

town  meetings,  special,  calling  of,  by  selectmen,  upon  request 

of  certain  number  of  registered  voters   .  .  .  .182 

tree  wardens  in,  may  be  elected  for  terms  of  three  years  .  3 

unemployment  funds,  emergency,  temporary,  appropriations 

for,  Vjy,  and  use  of  said  funds  further  regulated  .  .46  1,2 

vocational  schools,  transportation  of  pupils  to,  by,  which 
maintain  a  high  school  but  no  school  for  industrial  educa- 
tion    308 


964  Index. 


Item  or 
Chap.  Section. 


CITIES   AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities: 

Beverly,  aldermen,  board  of,  compensation  of  members  of,  au- 
thorized  135  1,  2 

Boston,  accounts  of,  audit  of,  by  state  director  of  accounts     .     339 
airport,  bulkheads,  etc.,  at  or  near,  construction,  etc.,  by 

state  department  of  public  works        ....     476  2 

height  of  buildings  within  certain  distance  of,  regulated    .     412  1-8 

alcoholic  beverages,  licenses  for  sale  of,  in,  to  be  drunk  on 
premises,  number  that  may  be  issued,  gradual  reduction 
of       .  .  .  .  .  .  ...  .263 

American  Legion,   The,   national   convention  of,  in   1940, 
cities  and  towns  authorized  to  appropriate  money  in 
connection  with,  if  held  in       .        _  .  _.  .  .115 

representation  of  commonwealth  at,  if  held  in      Resolve       53 

appropriation         .......     495  161c 

annuities,  Fewkes,  Ernest  E.,  payment  to,  by    .  .  .     386  1, 2 

See  also,  infra,  pensions, 
appeal,  board  of,  regulation  by  ordinance  of  construction, 

alteration,  use,  etc.,  of  buildings,  upon  recommendation  by     217  1,  2 

appointments  in  the  service  of,  made  between  time  of  elec- 
tion of  a  new  mayor  and  his  qualification,  tenure  of  office 

of 332  1, 2 

appropriating  and  budget  procedure  of,  investigation  and 

study  relative  to  .  .  .  .  .        Resolve       46 

Atlantic   avenue   elevated   railway   structure,   removal   of, 

relative  to 482  1-5 

Atlanticavenuein.harborlinesalong  waterfront  of,  relocated    402  1-3 

audit  of  accounts  of,  by  state  director  of  accounts       .  .     339 

auditor,     budget     and     appropriating     procedure,     special 
commission  to  investigate  and  study,  to  be  a  member 
of       .......  .        Resolve       46 

Avon  street  in,  structure  bridging,  construction  and  main- 
tenance, authorized      .......     340  1-3 

borrowing  of  money  by,  public  welfare,  soldiers'  benefits 
and  federal  emergency  unemployment  relief  projects,  on 
account  of,  loan  orders  for    ......        72  3 

Boston   Consolidated   Gas   Company,   lease  to,   of  certain 
property  of  Dedham  and  Hyde  Park  Gas  and  Electric 
Light  Company  to  be  acquired  by,  extension  of  time  for     208  1,  2 

Boston,  Revere  Beach  &  Lynn  Railroad  Company,  prop- 
erties owned,  etc.,  by,  in,  purchase  by  Boston  Elevated 
Railway  Company,  authorized       •.-..•  •  •     510  1-6,  9 

bridge,  Avon  street,  connecting  certain  buildings  on,  con- 
struction, etc.,  authorized     ......     340  1-3 

budget  and  appropriating  procedure  in,  investigation  and 
study  relative  to  .....        Resolve       46 

budget  commissioner,  budget  and  appropriating  procedure, 
special   commission  to  investigate  and   study,   to   be   a 
member  of  ......        Resolve       46 

building  commissioner,  regulation  by  ordinance  of  construc- 
tion, alteration,  use,  etc.,  of  buildings,  upon  recommenda- 
tion by 217  1, 2 

buildings  in,    airport,   within   certain   distance   of,   height 

regulated 412  1-8 

inspection,    materials,    construction,    alteration,    repair, 
height,  area,  location  and  use  of,  regulation  by  ordi- 
nance, authorized      .  .  .  .  .        _  .  .     217  1, 2 

buses  (see,  infra,  motor  vehicles,  passengers,  carrying,  for 

hire). 
Charles  river,  protection  of  public  health  and  relief  from 
mosquito  nuisance  on  certain  lands  adjacent  to,  in,  in- 
vestigation as  to  .  .  .  .  .        Resolve       54 

Charlestown  district,   Boston  airport,  height  of  buildings 
within  certain  distance  of,  provisions  of  law  regulating, 
not  to  apply  to  ......  .     412  4 

sewers   in,    etc.,    construction    by   metropolitan    district 

commission,  increased  expenditures  for         .  .  .     285 

city    clerk,    budget    and    appropriating    procedure,    special 
commission   to  investigate  and  study,  to  be  a  member 
of       .  .  .  .  .  .  .  .        Resolve       46 

city  council,  compensation  to  be  paid  for  certain  services 
rendered  or  work  performed  by  said  city,  etc.,  fixing  of, 
by 173  1,2 


Index. 


965 


CITIES   AND    TOWNS  ~  Contmued. 

special  provisions  relative  to  particular  cities  —  Continued. 

Boston,   city  council,    public    utilities,   state   department    of, 

hearing  before,   relative  to  licensing  the  operation  of 

motor  vehicles  for  the  carriage  of  persons  for  hire  over 

certain  routes  in  Boston,  notice  to       .     _      . 

register  of  deeds  for  Suffolk  county,  fidelity  bond  given 

by,  powers  and  duties  as  to,  as  affecting 

Commercial  street  in,  harbor  lines  along  water  front  of, 

relocated     ......... 

Commonwealth  avenue  in,  land,   certain,  at  number  347, 

acceptance  of  gift  of,  by  adjutant  general 
compensation  to  be  paid  for  certain  services  rendered  or 
work  performed  by  the  city  or  any  department  thereof, 
fixing  of,  by  city  council,  etc.  ..... 

contracts,  certain,  entered  into  on  behalf  of  Suffolk  county, 
made  subject  to  laws  regulating  the  making  of  contracts 
by  officials  of       .......  . 

court  house,  Suffolk  county,  in,  custodian,  etc.,  compensa- 
tion of,  payment  by,  etc.  .  .  _.       _    .  .  . 
maintenance  cost,  reimbursement  of  said  city  for  certain 
portion  of,  appropriation  .           .           .           .           . 

dancing  schools,  so  called,  in,  licensing  and  police  super- 
vision of     ........  . 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by,  and  lease  thereof  to 
Boston  Consolidated  Gas  Company,  extension  of  time  for 
departments  of,  compensation  to  be  paid  for  certain  services 
rendered  or  work  performed  by,  fixing  of,  by  city  council 
with  approval  of  mayor         ...... 

Dorchester    Heights    monument,    conveyance    by,    to    the 
United   States  for  preservation  and  maintenance  as  a 
national  historic  monument  ..... 

East  Boston,  airport  in,  bulkheads,  etc.,  at  or  near,  con- 
struction, etc.        ....... 

height  of  buildings,   etc.,   within  certain  distance  of, 
regulated      ........ 

harbor  line  on  southerly  and  easterly  sides  of,  relocated 
north  metropohtan  relief  sewer,  extension  to  Deer  island 

from,  construction,  etc.      . 
sewers   in,    etc.,    construction    by   metropolitan    district 

commission,  increased  expenditures  for 
transportation  facilities  in  town  of  Winthrop  and,   im- 
provement, authorized       ...... 

tunnel,  vehicular  (see,  infra,  Sumner  tunnel  in), 
waterfront,  hulks  or  wrecks  lying  along,  removal  of,  by 
state  department  of  public  works 
appropriation         ....... 

elections,  school  committee,  to,  eligibility  for,  of  a  person 

chosen  to  fill  a  vacancy  in  said  school  committee,  relative  to 

elevated  railway  structure,  Atlantic  avenue,  on,  removal  of, 

relative  to  ........ 

employees  of  (see,  infra,  officers  and  employees  of). 
Fall  River  to  Boston-Milton  boundary,  person  or  corpora- 
tion licensed  to  operate  motor  vehicles  for  carriage  of  per- 
sons for  hire  from,  operation  in  Boston,  licensing  of 
federal  emergency  unemployment  relief  projects,  borrowing 
of  money  on  account  of,  loan  orders  for  ... 

fees  for  certain  services  rendered  or  work  performed  by  said 
city  or  any  department  thereof,  fixing  of,  by  city  council, 
etc.    .......... 

Fewkes,  Ernest  E.,  annuity  to,  payment  by        .  .  . 

fire  commissioner,  pensioning  of  certain  members  of  fire 

department,  powers  and  duties  as  to      . 
fire  department,  pensioning  of  certain  members  of 
harbor  lines,  Commercial  street  and  Atlantic  avenue  water- 
front, along,  relocated        ...... 

East    Boston,    southerly    and    easterly    sides    of,    along, 
relocated  ........ 

South  Boston  waterfront,  along,  relocated 
hulks  or  wrecks  lying  along  East  Boston  waterfront,  removal 
of,  by  state  department  of  public  works  . 
appropriation  ........ 


Chap. 


Item  or 
Section. 


113 

1,2 

214 

3 

402 

1-3 

338 

173 

1,2 

156 

1,2 

383 

1-3 

495 

670a 

253 

208 

1,2 

173 

1.2 

148 

476 

2 

412 
411 

1-8 
1.2 

512 

3 

285 

510 

1-9 

476 
518 

1 
633b 

142 

1.2 

482 

1-5 

113 

1.2 

72 

3 

173 
386 

1.2 
1,2 

237 
237 

1-3 
1-3 

402 

1-3 

411 
403 

1,  2 
1-3 

476 
518 

1 
633b 

966  Index. 


Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 

Boston,  Hyde  Park  district  of,  Dedham  and  Hyde  Park  Gas 

and  Electric  Light  Company,  property  of,  in,  acquisition 

by  city  of  Boston  and  lease  thereof  to  Boston  Consolidated 

Gas  Company,  extension  of  time  for       .  .  .  .     208  1,  2 

Jewish  War  Veterans  of  the  United  States  of  America,  na- 
tional convention  of,  in  1940,  representation  of  common- 
wealth at,  if  held  in  .  .  .  .  .  Resolve  68 
kennel  licenses,  revocation  or  suspension  of,  in  connection 
■with  the  abatement  of  certain  conditions  constituting  a 
public  nuisance,  powers  and  duties  of  police  commissioner 

relative  to 206 

land,  certain,  in,  acceptance  of  gift  of,  by  adjutant  general 

on  behalf  of  commonwealth  .  .  .  .  .  _         .     338 

licenses  and  permits,  alcoholic  beverages,  for  sale  of,  in,  to 
be  drunk  on  premises,  number  that  may  be  issued,  gradual 
reduction  of  .  .  .  .  .  .  .  .     263 

licensing  board,  alcoholic  beverages,  licenses  for  sale  of,  to 
be  drunk  on  premises,  number  that  may  be  issued  by, 
gradual  reduction  of     .  .  .  .  .  .  .     263 

licensing  of  routes  in,  for  operation  of  motor  vehicles  for 
carriage  of  persons  for  hire,  licensee  of  route  from  Fall 

River  to  Boston-Milton  boundary  line,  to        .  .  .     113  1,  2 

loan  orders,  public  welfare,  soldiers'  benefits,  etc.,  on  ac- 
count of,  method  of  passage  ......       72  3 

mayor,  Atlantic  avenue  elevated  railway  structure,  so  called, 

removal  of,  powers  and  duties  as  to     .  .  .  .     482  4 

Avon  street,  structure  bridging,  construction  and  main- 
tenance of,  approval  by     .  .  .  .  .  .     340  1-3 

compensation  to  be  paid  for  certain  services  rendered  or 

work  performed  by  said  city,  etc.,  fixing  of,  approval  by     173  1,  2 

dancing  schools,  so  called,  licensing  by  .  .  .  .     253 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Com- 
pany, acquisition  of  certain  property  of,  by  city  and 
lease  thereof  to  Boston '  Consolidated  Gas  Company, 
powers  and  duties  as  to,  as  affecting    ....     208  1,  2 

fire  department,  pensioning  of  certain  members  of,  ap- 
proval by  .......  .     237  1-3 

officers  and  employees,  appointments  of,  made  between 
time  of  election  of  a  new  mayor  and  his  qualification, 
tenure  of  office  of  .  .  .  .  .  .  .     332  1,2 

salary  increases,  certain,  made  between  time  of  election 
of  a  new  mayor  and  his  qualification,  ineffective  at 
end  of  certain  period      ......     332  1,  2 

medical  board,  certain,  pensioning  of  certain  members  of  fire 

department,  powers  and  duties  relative  to        .  .  .     237  1-3 

metropolitan  district  commission,  disposal  by,  of  sludge  from 

sewage  treatment  plant  of.  .  .  .  .  .512  13 

military  purposes,  acceptance  by  adjutant  general  of  gift  of 

certain  land  for,  in        .  .  .  .  .  .  .     338 

mosquito  nuisance  in  certain  lands  adjacent  to  Charles  river 

in,  relief  from,  investigation  as  to    .  .  .        Resolve       54 

motor  vehicles,   passengers,   carrying,   for  hire,   licensee  of 
route  from  Fall  River  to  Boston-Milton  line,  granting  of 
license  to  operate  in     .  .  .  .  .  .  .113  1,2 

officers  and  employees,  appointments  of,  made  between  time 
of  election  of  a  new  mayor  and  his  qualification,  tenure 

of  office  of 332  1,  2 

salary  increases,  certain,  made  between  time  of  election  of 
a  new  mayor  and  his  qualification,  ineffective  at  end  of 
certain  period  .......     332  1,  2 

ordinance,  buildings,  etc.,  construction,  alteration,  use,  etc., 

of,  regulation  by,  authorized  .  .  .  .  .     217  1,  2 

penal  institutions  commissioner,  carrying  of  certain  weapons 

by,  and  by  his  deputy  and  certain  other  officers      .  .174 

officers  appointed  by,  removal  of  certain,  known  to  use 

intoxicating  liquor  to  excess        .....     200 

pensions,  fire  department,  certain  members  of,  for        .  .     237  1-3 

See  also,  siipra,  annuities;  infra,  retirement  system, 
planning  board  of,  commission  comprising  one  member  of, 
etc.,  to  investigate  certain  functions  and  activities  affect- 
ing cities  and  towns  within  the  several  metropolitan  dis- 
tricts, continued  .....        Resolve       30 


Index.  967 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston,  police  commissioner,  dancing  schools,  so  called,  super- 
vision by  .......  .     253 

kennel  licenses,  revocation  or  suspension  of,  in  connection 
with  the  abatement  of  certain  conditions  constituting 
a  public  nuisance,  powers  and  duties  as  to  .  .  .     206 

matrons  of  police  departments  in  certain  cities,  placing 

under  ci\'il  service,  as  affecting  ....     256  2 

police  officers  in,  appointment  and  promotion  of,  made  sub- 
ject to  general  laws  relative  thereto        ....     419  3 

Port  Authority,  Boston,  Boston  airport,  so  called,  con- 
struction of  bulkheads,  etc.,  at  or  near,  certain  duties 

as  to 476  2 

reimbursement  by  commonwealth  of  portion  of  cost  of, 

appropriation  ........     309  670 

public  welfare  and  soldiers'  benefits,  borrowing  of  money 

on  account  of,  loan  orders  for       .....       72  3 

public  works  department,  powers  and  duties  with  respect 

to  acquisition  by  city  of  certain  property  of  Dedham  and 

Hyde  Park  Gas  and  Electric  Light  Company  and  lease 

thereof  to  Boston  Consolidated  Gas  Company,  as  affecting     208  1,  2 

rapid  transit  system_  in,  extension  from  South  station  to 

Readville  district,  investigation  relative  to     .        Resolve       64 
Readville  district  of,  extension  of  rapid  transit  system  from 

South  station  to,  investigation  as  to       .  .        Resolve       64 

representative  districts,  board  of  special  commissioners  es- 
tablished to  divide  Suffolk  county  into,  etc.,  expenses  of, 
payment  by         .......  .     467  2 

retirement    system,    accumulated    deductions   of   deceased 

members,  disposition  of,  in  certain  cases      .  .  .     131  1,  2 

fire    department,    act   relative    to    pensioning   of   certain 

members  of,  not  to  apply  to  firemen  who  are  members  of     237  2 

See  also,  infra,  teachers'  retirement  fund, 
salaries  of  officers  and  employees,  increases  in,  made  between 
time  of  election  of  a  new  mayor  and  his  qualification,  in- 
effective at  end  of  certain  period   .....     332  1,  2 

school  budget  procedure  in,  investigation  and  study  relative 
to       .......  .        Resolve       46 

school  committee,  appointments  by  superintendent  of 
schools  approved  by,  exempted  from  provisions  of 
certain    act   relative    to   appointments   made    between 

time  of  election  of  a  new  mayor  and  his  qualification     332  2 

budget  and  appropriating  procedure,  special  commission 
to  investigate  and  study,  appointment  of  one  member 

of,  by Resolve       46 

vacancy  in,  person  chosen  to  fill,  eligibility  of,  for  elec- 
tion to  said  committee  at  the  next  regular  biennial 
municipal  election     .......      142  1,  2 

schools,  superintendent  of,  appointments  by,  certain,  ex- 
empted from  provisions  of  certain  act  relative  to  appoint- 
ments made  between  time  of  election  of  a  new  mayor  and 
his  qualification  .......     332  2 

school  teachers,  teachers'  retirement  fund,  payment  to  es- 
tates of  certain  teachers,  one  half  of  total  amount  paid  into     186 
services  rendered  or  work  performed  by  the  city  or  any  de- 
partment thereof,  fixing  of  compensation  to  be  paid  for 
certain        .........     173  1, 2 

sewerage  system,  sewage  treatment  plant,  sludge  from,  dis- 
posal of,  by  metropolitan  district  commission  .  .512  13 
sinking  funds,  board  of  commissioners  of,  establishment  by, 
of  sinking  funds  for  payment  of  bonds  issued  for  acquisi- 
tion by  city  of  certain  property  of  Dedham  and  Hyde 

Park  Gas  and  Electric  Light  Company,  as  affecting  .     208  1,  2 

soldiers'  benefits  (see,  supra,   public  welfare   and   soldiers' 

benefits). 
South  Boston,  Dorchester  Heights  monument  in,  convey- 
ance to  the  United  States  for  preservation,  etc.,  as  a 
national  historic  monument        .....      148 

waterfront,  harbor  lines  along,  relocated  .  .  .     403  1-3 

South   station   in,   extension   of   rapid    transit   facilities   to 

Readville  district  from,  investigation  relative  to     Resolve       64 
state  tax,  deficit  in  amounts  assessed  in  1938  for,  funding  of 

share  of,  by,  provision  relating  especially  to   .  .  464  3 


968 


Index. 


CITIES   AND    TOWNS  —  Conhnwed. 

special  provisions  relative  to  particular  cities  —  Continued. 

Boston,  steamboat  service  between  town  of  Hull   and,   said 

town  authorized  to  contribute  toward  cost  of  service 

street    commissioners,    board    of,    Avon    street,    structure 

bridging,   construction  and  maintenance  of,   permit  for, 

issuance  by  ...      .  .... 

SufTolk  county,  board  of  special  commissioners  established 
to  divide,  into  representative  districts,  etc.,  expenses 
of,  payment  by         ......  . 

budget  procedure  for,  investigation  and  study  relative 
to  .  .  .  .....        Resolve 

contracts  on  behalf  of,  incurring  obligations  to  be  paid 

for  wholly  by  said  city,  making  of,  regulated 
court  house,  custodian,  etc.,  compensation  of,  payment 
by,  etc.  .      .  .  .  .  .  .  .  . 

maintenance  cost,  reimbursement  of  city  for  certain 
portion  of,  appropriation         ..... 

See  also  Suffolk  county. 
Sumner  tunnel  in,  operation  and  maintenance  of,  reimburse- 
ment in  part  of  said  city  by  commonwealth  for 
expenses  incurred  for  .  .  .       Resolve 

appropriation         ....... 

surface  or  storm  water,  sewers,  drains,  etc.,  for  separation 

of,  construction  by,  requirement  as  to    . 
teachers'   retirement  fund,   payment   tp  estates  of   certain 

teachers,  one  half  of  total  amount  paid  into     . 

transit     department,     Atlantic     avenue     elevated    railway 

structure,  so  called,  removal  of,  powers  and  duties  as  to 

transportation  facilities,  East  Boston  and  town  of  Winthrop, 

in,  improvement  of,  authorized  .  .    _       ._ 

metropolitan  Boston  area,  in  and  around,  co-ordination  of, 

investigation  relative  to     .  .  .  .        Resolve 

treasurer  of,  Atlantic  avenue  elevated  railway  structure,  so 
called,  removal  of,  certain  duties  as  to 
Dedham  and  Hyde  Park  Gas  and  Electric  Light  Com- 
pany, certain  property  of,  acquisition  by  city  of  Boston 
and  lease  thereof  to  Boston  Consolidated  Gas  Company, 
powers  and  duties  as  to,  as  afTecting  .... 

tunnel,  vehicular,  between  Boston  proper  and  East  Boston 

(see,  supra,  Sumner  tunnel  in), 
weapons,   carrying  of  certain,   by  penal  institutions  com- 
missioner and  his  deputy,  and  certain  ofHcers  in  institu- 
tions under  supervision  of  said  commissioner 
work  performed  by  the  city  or  any  department  thereof,  fix- 
ing of  compensation  to  be  paid  for  .... 

Yankee  Division  Veterans  Association,  national  convention 
of,  in  1940,  to  be  held  in,  representation  of  common- 
wealth at     .  .  .  .  .  .        Resolve 

appropriation  ....... 

Cambridge,    Boston   airport,    so   called,   height   of   buildings 
within  certain  distance  of,  provisions  of  law  regulating, 
not  to  apply  to  .  .  .  .  . 

election  commissioners,  board  of,  appointment  of  members 

further  regulated  _         .  _.  .     _      . 

real  estate  acquired  in  connection  with  its  water  supply,  sale 
of  certain,  by       .  .  .  .  .  .  . 

wards,  new,  use  for  preliminary  and  other  municipal  elec 
tions  in,  required  ...... 

Chelsea,  city  clerk,  appointment,  removal,  etc. 
city  physician,  appointment,  removal,  etc. 
retirement  system  of,  amount  of  credit  for  prior  service  to  b( 

given  certain  employees  in,  increased      .  _.  .       _ 

sewers  in,  etc.,  construction,  etc.,  by  metropolitan  district 
commission,  increased  expenditure  for    . 
Chicopee,  army  air-base,  acquisition  by  United  States  of  cer- 
tain lands  for,  in,  consent  of  commonwealth  to,  etc. 
flood   protection   works   along   Connecticut  and   Chicopee 
rivers,  construction  by  .  . 

settlements  of  certain  claims  in  connection  with,  author 
ized     ........ 

ratification  by,  of  certain  orders,  etc.,  relative  to     . 
Holyoke  Box  and  Lumber  Company,  revived  for  purpose 
of  selling  certain  property  situated  in     . 


Chap. 

Item  or 
Section. 

34 

1,2 

340 

1-3 

467 

2 

46 

156 

1,2 

383 

1-3 

495 

670a 

71 
495 

670b 

512 

12 

186 

482 

3,4 

510 

1-9 

64 

482 

4 

208 


1,2 


174 

173 

1,2 

45 
495 

161b 

412 

43 

432 

4 
1,2 

120 

1,2 

29 
59 
47 

1,2 
1-3 

1.2 

114 

1,2 

285 

463 

1,2 

97 

1-4 

346 
97 

1,2 
3 

Index.  969 


239 
239 

1-4 
3 

268 

267 

1,2 
1.2 

314 

1-4 

70 

1.2 

143 

1-3 

204 

1.  2 

Item  or 
Chap.  Section. 

CITIES   AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Chicopee,  sewers,  etc.,  of,  connection  with  enlarged  sewerage 

system  of  city  of  Springfield,  authorized  ...       52  10 

Sherman  Rest  Home,  The,  re\'ived  for  purpose  of  selling 
and  conveying  title  to  certain  property  situated  in        .     323 
Everett,  sewers  in,  etc.,  construction,  etc.,  by  metropolitan 

district  commission,  increased  expenditure  for         .  .     285 

ways,  laying  out,  altering  and  discontinuing  of.  authority 

of  city  council  as  to,  further  defined         .  .  .  .60  1,2 

Fall  River,   Mooney,  James  W.,  temporary  reinstatement  in 

labor  ser^^ce  of,  for  retirement  purposes  ...       95 

Fitchburg,  fire  department,  retirement  of  certain  call  members     355  1,  2 

Gardner,  Lake  Wampanoag  in,  etc.,  name  established      .  .        12 

log  storage  purposes,  leasing  of  certain  portions  of  Dunn 

park  and  Wildwood  cemetery  for,  authorized  .  .  .      118  1,2 

mayor  and  city  council,  salaries  of,  increased        .  .  .      184  1,2 

Gloucester,  Little  Good  Harbor  beach,  acquisition  of,  for  play- 
ground purposes,  city  authorized  to  borrow  money  for       .310  1,2 
Haverhill,  contracts  with  city,  making  or  sharing  in,  by  officials 

and  employees  of,  regulated  .  .  .  .  .  .221 

Holyoke,  flood  protection  works  along  Connecticut  river,  con- 
struction by     .......  . 

ratification  by,  of  certain  orders,  etc.,  relative  to 
gas  and  electric  commission  in,  removal  of  members  of,  rela- 
tive to         ........  . 

public  buildings,  inspector  of,  tenure  of  office  of  . 
Lawrence,  Duck  bridge  over  Merrimack  river,  rebuilding  of 

roadway  floor  of,  payment  of  portion  of  cost,  etc. 
Lynn,  Sluice  pond,  so  called,  sale  of  certain  part  of,  by,  to  John 
G.  Heckman        ........ 

underpass  for  school  children  under  Broad  street  in,  con- 
struction, etc.      ........     143 

Marlborough,  library  committee,  name  changed  to  the  board 
of  library  trustees         ....... 

Medford,  golf  course,  public,  establishment  in  town  of  Win- 
chester and,  investigation  as  to,  by  metropolitan  district 
commission  ......        Resolve       27 

Johnston,  Thomas  H.,  school  teacher  in,  reimbursement  by 
said  city  for  money  paid  by  him  in  defense  of  a  certain 
action  at  law  brought  against  him  .  ....     259  1,2 

sewers  in,  etc.,  construction,  etc.,  by  metropolitan  district 

commission,  increased  expenditure  for    ....     285 

Taylor,  Bessie  W.,  payment  of  sum  of  money  to,  by,  on  ac- 
count of  certain  injuries         ......     274  1,  2 

winter  sports,  recreational  area  for,  establishment  in,  investi- 
gation as  to,  by  metropolitan  district  commission    Resolve       27 
Melrose,   athletic  field  located  on  Lynn   Fells  parkway  and 
Tremont  street  in,  holding,  management  and  control  of, 
relative  to  ........     222  1-3 

mayor  and  aldermen,  offices  of,  filling  of  vacancies  in,  tempo- 
rary provision  for  .......       85  1-4 

sewers,  construction  of  certain  main  and  particular,  in  the 
easterly  section  of,  assessment  of  portion  of  cost  upon 
owners  benefited  .......     226  1-7 

New  Bedford,  bridge  over  Acushnet  river  between  town  of 
Acushnet  and,  construction  by  Acushnet  Process  Com- 
pany, authorized  ....... 

custodian  of  tax  title  property  in,  appointment,  tenure,  com- 
pensation, etc.     ........ 

fire  department,  retirement  of  members  of,  amount  of  pen- 
sions under  provisions  relative  to  . 
overlay  deficits,  funding  by       .....  . 

preliminary  elections  in,  arrangement  of  names  on  ballots  to 
be  used  at  ........ 

state  pier  in,  repairs  and  other  improvements  at,  making  of 
certain        ......... 

Newburyport,  Sullivan,  Patrick,  reinstatement  in  the  police 
department  of      .......  . 

Newton,  Charles  river,  lands  adjacent  to,  in,  protection  of  pub- 
lic health  and  relief  from  mosquito  nuisance  on,  investi- 
gation relative  to  ....  .        Resolve 

Rebecca  Pomroy  Newton  Home  for  Orphan  Girls,  Corpora- 
tion of  the,  in,  purposes  of,  changed  .... 


430 

1.2 

80 

1-3 

327 
444 

1-3 
1-4 

48 

164 

1,  2 

219 

1,2 

54 

378 

970 


Index. 


CITIES   AND    TOWNS  —  Confinncd. 

special  provisions  relative  to  particular  cities  —  Continued. 

Northampton,  Cooley  Dickinson  Hospital,  The,  in,  trustees  of, 

residential  qualifications        ..... 

flood  protection  works  along  Connecticut  and  Mill  rivers 
construction  by  .  .  .  .  . 

ratification  by,  of  certain  orders,  etc.,  relative  to 
Pittsfield,  town  of  Lenox  authorized  to  borrow  money  in  con- 
nection with  the  furnishing  by,  of  water  to  a  certain  part 
of  said  town         .  .  .  .  .  .  . 

Quincy,  City  Hospital  of  Quincy  authorized  to  purchase  addi- 
tional real  estate  and  convey  the  same  to  .  . 
Nut  island  in,  sewage  treatment  plant,  etc.,  at,  construction 
etc.    ......... 

sea  wall  along  shore  of  Great  Hill,  so  called,  in,  construction 
of,  limitation  on  cost  of,  removed  .... 

Revere,  abatements  of  taxes,  appeals  from  refusal  of  assessors 

to  make,  single  method  for,  in  .  . 

biennial  municipal  elections  in,  holding  in  odd-numbered 

years  instead  of  even-numbered  years      ... 
county    commissioners   of    Middlesex    county,    election    of 
voters  of  city  not  to  participate  in        .  .  . 

jurisdiction  in,  terminated    .  .  .    _       . 

Roughan's  Point  in  Beachmont  in,  protection  of  shore  at, 
by  state  department  of  public  works        .  .        Resolve 

Salem,  reserve  police  force,  number  of  iiiembers     . 
Somerville,  Boston  airport,  so  called,  height  of  buildings  within 
certain  distance  of,  provisions  of  law  regulating,  not  to 
apply  to      .  .  .  .  .  .  . 

licensing  commission,  membership  of,  relative  to 
sewers  in,  etc.,  construction  by  metropolitan  district  com- 
mission, increased  expenditures  for  .         _.  _.      _    . 
transportation  facilities  for,  improvement  of,  investigation 
relative  to            ......        Resolve 

Springfield,  park  purposes,  certain  land  held  for.  Bay  Path 
cemetery,  near,  sale,  etc.,  by       ....  . 

Dickinson  street  and  Trafton  road,  near,  sale,  etc.,  by 
Rolf,  Carl,  funeral  expenses  of,  reimbursement  of  his  widow 

for 

sewerage  system,  supplementing  of,  by  a  sewage  treatment 
plant  in  Agawam  and  by  other  means,  and  acquisition  of 
lands,  etc.,  in  said  city  and  in  Agawam  and  West  Spring- 
field for  said  purposes  .  .  .  .  .  .      _    . 

Taunton,  American  Legion,  The,  holding  of  state  convention 
of,  in,  said  city  authorized  to  appropriate  money  to  pro- 
vide facilities  for  .  .  .  .  ... 

tercentenary  of  settlement  of,  use  of  state  armory  in  said 
city  for  certain  exhibition  purposes  during  observance 
of       .......  .        Resolve 

Waltham,  Beaver  brook,  improvement  of  certain  section  of,  by 

Westfield,  flood  protection  works  along  Westfield  river,  con 

struction  by  ......  . 

police  commission,   composition,   terms  of  members,   etc. 
changed      ........ 

sewers,  etc.,  of,  connection  with  enlarged  sewerage  system 
of  city  of  Springfield,  authorized      .... 

Woburn,   conviction   of   crime  punishable   by  imprisonment, 
provision  of  charter  operating  to  create  vacancy  in  any 
office  for,  eliminated     ...... 

Worcester,  Belmont  hospital  in,  board  of  trustees  of,  estab 
lished,  and  their  powers  and  duties  defined 
land,  certain,  in,  etc.,  held  by  commonwealth  for  military 

purposes,  sale  of,  relative  to  . 
offices  of  city  engineer,  street  commissioner,  superintendent 
of  sewers,  superintendent  of  lighting  streets,  superintend 
ent  of  public  buildings,  water  commissioner  and  water 
registrar,  abolished       .  .  .  .  . 

public  works,   commissioner  of,  office  established,  powers, 
duties,  etc.  .  .  .  .  .  •  • 

retirement  system,  rate  of  interest  allowed  on  certain  funds 
under,  reduced    ........ 

sewers  and  drains,  construction  of,  and  assessments  and  the 
rate  of  interest  on  unpaid  assessments  therefor,  relative  to 


Chap. 

Item  or 
Section. 

128 
9 

426 
9 

1-4 

1,2 

3 

75 

1,2 

66 

512 

3 

331 

31 

6,7 

220 

1-7 

31 
31 

4,  5 
1,  2,  6,  7 

25 
121 

1,2 

412 
190 

4 
1,2 

285 

21 

198 
199 

289 

1,2 

52 

1-11 

45 

1,2 

11 

84 

1,2 

278 

1-3 

74 

1,3,4 

52 

10 

146 

276 

1-6 

328 

210 

2 

210 

1,3 

281 

282 

1-8 

Index.  971 


Item  or 
Chap.  Section. 

CITIES  AND    TOVfNS  —  Conti7med. 

special  provisions  relative  to  particular  cities  —  Concluded. 
Worcester,   water  rights  in  Lake  Quinsigamond   and  certain 
ponds  in  Worcester  county,  present  status  and  use 
of,  determination  of,  as  affecting     .  .        Resolve       40 

appropriation  ........     495  36h 

special  provisions  relative  to  particular  towns: 

Acushnet,  bridge  over  Acushnet  river  between  city  of  New 
Bedford  and,  construction  by  Acushnet  Process  Company, 

authorized  .  . 430  1,2 

Adams,   cemetery  commissioners,  chairman  of  the  board  of,  f    33  1,3 

to  be  a  town  meeting  member  at  large  .  .  .  .  \  202  1,  2 

town  meeting  members,  nomination  of  candidates  for  re-  |    33  23 

election  as,  further  regulated  .....  \  202  1,2 

Agawam,  Springfield,  city  of,  authorized  to  take  lands,  etc., 

and  to  construct  a  sewage  treatment  plant  in  .  .52  1-11 

Amherst,    Massachusetts   State   College,   leasing   of   land   by 
trustees  of,  in,  to  certain  building  association  for  erection 
of  dormitories,  etc.,  for  said  college         ....     388  6 

ArHngton,  transportation  facilities  for,  improvement  of,  inves- 
tigation relative  to        ....  .        Resolve       21 

Ashburnham,  Lake  Wampanoag  in,  etc.,  name  established       .        12 
Barnstable,    Centerville-Osterville    Fire    District   in,    certain 

action  of,  and  of  the  officers  thereof,  validated  .  .62  1,  2 

Craigville  Beach,  park  land  and  adjoining  common  landing 

place,  use  as  a  town  bathing  beach,  etc.,  authorized  .     358 

sewage  disposal  area  in,  use  of  portion  of,  for  other  munici- 
pal purposes,  relative  to        .  .  .  .  .  .     334 

Bedford,   town   of   Billerica  authorized   to   furnish  water   to 

certain  inhabitants  of  .  .  .  .  .  .  .      185  1,2 

Belchertown,   records,    certain,    of   towns   of   Greenwich   and 
Prescott,  provision  for  permanent  custody  of,  as  affect- 
ing   .  .  .  ...  .  .172 

Bellingham,  lines,  poles,  etc.,  of  Union  Light  and  Power  Com- 
pany and  The  New  England  Telephone  and  Telegraph 
Company  of  Massachusetts  in,  locations,  etc.,  validated 
Belmont,  Beaver  brook,  improvement  by  city  of  Waltham  of 
certain  section  of,  consent  to  ....  . 

Billerica,  Bedford,  town  of,  water,  furnishing  to  certain  in- 
habitants of,  by  ....... 

Bourne,  Bourne  Water  District  in,  authorized  to  make  addi- 
tional water  loan      ....... 

description  of  the  territory  of,  changed 
North  Sagamore  Water  District,  establishment,  etc.,  in 
Bridgewater,    contributory  retirement   system   for,   establish- 
ment authorized  if  said  town  so  votes  at  its  current  town 
election       .........       27 

water  supply  for  certain  inhabitants  of,  from  water  supply 
system  of  state  farm    .  .  .  .  .  .  .     293 

Chilmark,  Menemsha  basin,  bulkhead  along  portion  of  shore 
of,  construction,  contribution  to  cost  of,  etc.   . 
Menemsha  creek,  improvements  in,  powers  and  duties  as 
to         ......  .       Resolve 

appropriation  ........ 

Clarksburg,  alcoholic  beverages,  question  of  granting  licenses 
for  retail  sale  of,  in,  voting  on,  by  said  town  at  its  current 
annual  meeting   ........       21 

Cohasset,  representative  districts,  division  of  counties  into, 
etc.,  town  considered  as  part  of  Plymouth  county  for 
purposes  of  .......  . 

second  medical  examiner  district  of  county  of  Norfolk  abol- 
ished and  said  town  placed  in  the  fourth  medical  examiner 
district  of  said  county  ......     260 

Dana,  records  of,  permanent  custody  by  the  metropolitan  dis- 
trict commission  of       .  .  .  .  .  .  .172 

Danvers,  Danvers  state  hospital,  water  supply  for,  provision 

for,  as  affecting   ........     357  1-4 

Dedham,  Charles  river,  lands  adjacent  to,  in,  protection  of  pub- 
lic health  and  relief  from  mosquito  nuisance  on,  investi- 
gation relative  to  ....  .        Resolve       54 

Dighton,  South  Dighton  Fire  and  Water  District  in,  territory 
of,  further  extended,  and  powers  and  duties  of  said  dis- 
trict further  defined     .......     410  1-7 


134 

1,2 

84 

1,2 

185 

1,2 

192 

35 

290 

1,2 
1-14 

137 

1-3 

70 

195 

624a 

21 

1,2 

167 

2 

972  Index. 


Item  or 
Chap.  Section. 


CITIES    AND    TOWVtS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Dover,  Charles  river,  lands  adjacent  to,  in,  protection  of  pub- 
lic health,  and  relief  from  mosquito  nuisance  on,  investi- 
gation relative  to       _  .  .  .  .  .        Resolve       54 

Duxbury,  Gurnet  bridge  in,  town  way,  to  be  .  .  .     379  1-3 

East  Longmeadow,  sewers,  etc.,  of,  connection  with  enlarged 

sewerage  system  of  city  of  Springfield,  authorized   .  .       52  10 

Enfield,  records  of,  permanent  custody  by  the  metropoHtan 

district  commission  of  ......      172 

Fairhaven,  Sconticut  Neck  in,  water  supply  for,  furnishing  by 

said  town,  authorized  .  .  .  .  .  .     350  1-12 

Foxborough,  lines,  poles,  etc.,  of  Union  Light  and  Power 
Company  and  The  New  England  Telephone  and  Tele- 
graph Company  of  Massachusetts  in,  locations,  etc.,  vali- 
dated   134  1,2 

Framingham,  easement  in  certain  state  land  in,  granting  to 
said  town  for  the  construction,  etc.,  of  a  main  sewer 
therein        .......        Resolve         5 

Guertin,  J.  Emery,  payment  to,  by,  of  certain  claim  legally 

unenforceable      .  .  .  .  .  .  .  •     130  1,  2 

state  camp  ground,  so  called,  in,  memorial  plot  at,  establish- 
ment, etc.  .........     381 

Franklin,  Unes,  poles,  etc.,  of  Union  Light  and  Power  Company 
and  The  New  England  Telephone  and  Telegraph  Company 
of  Massachusetts  in,  locations,  etc.,  validated  .  .  .      134  1,2 

Gay  Head,   Menemsha  creek,  improvements  in,  powers  and 

duties  as  to  .  .  .  .  .  .        Resolve       70 

appropriation  .  .  .  .  .  .  .       _  .     495  624a 

Goshen,  Hampshire  county  authorized  to  purchase  certain 
land  in,  for  use  by  the  trustees  for  county  aid  to  agricul- 
ture   51  1,  2 

Gosnold,  reimbursement  by  commonwealth  for  salary  of  cer- 
tain school  teacher  employed  by     .  .  .  .  .     445 

Grafton,  water  rights  in  Lake  Quinsigamond  and  certain  ponds 
in  Worcester  county,  present  status  and  use  of,  de- 
termination of,  as  affecting     .  .  .        Resolve       40 
appropriation  ........     495  36h 

Granville,  lands  in,  held  for  water  supply  or  watershed  pur- 
poses, payments  in  lieu  of  taxes  on,  providing  for,  investi- 
gation relative  to  ....  .        Resolve       44 

Greenwich,  records  of,  permanent  custody  by  the  metropohtan 

district  commission  of  ......     172 

Hadley,  Massachusetts  State  College,  leasing  of  land  in,  by 
trustees  of,  to  certain  building  association  for  erection  of 
dormitories,  etc.,  for  said  college   .....     388  6 

Hanson,  Plymouth  county  tuberculosis  hospital  in,  certain 
improvements  at,  making,  etc.        ..... 

Hardwick,  funding  of  certain  overlay  deficits  by     . 

Holden,  system  of  sanitary  sewers  in,  construction  by  said 
town  and  the  metropohtan  district  water  supply  commis- 
sion   .......... 

Holliston,  town  hall  building,  installation  of  new  heating  plant 
in,  borrowing  of  money  for,  by        ....  . 

Hudson,  Maguire,  Thomas,  payment  of  sum  of  money  to,  as 
compensation  for  certain  injuries  received  in  the  perform- 
ance of  duty  as  a  special  police  officer      ....     240  1-3 

Hull,  American  Legion,  The,  state  convention  of,  holding  in, 

appropriation  to  provide  facilities  for,  authorized    .  .     477 

steamboat  service  between  city  of  Boston  and,  town  author- 
ized to  contribute  toward  cost  of    .  .  .  .  .34  1,2 

Lakeville,  land,  certain,  in,  conveyance  by  commissioner  of 

public  health  to  Verna  C.  Bowles    .....     438 

Leicester,  Cherry  Valley  and  Rochdale  Water  District  in,  bound- 
aries of,  changed,  and  certain  other  changes  made  in  the 
laws  relative  thereto     .  .  .  .  .  .  .        71  1-4 

land,  certain,  in,  etc.,  held  by  commonwealth  for  mihtary 

purposes,  etc.,  sale  of,  relative  to    .  .  .  .  .     328 

Lenox,  water  supply  to  be  furnished  by  Pittsfield  to  a  certain 

part  of,  said  town  authorized  to  borrow  for       .  .  .75  1,2 

Lexington,   sewers  constructed  by,  in  co-operation  with  the  "l     g^  ^    2 

federal  government,  method  and  rate  of  assessments  for,  \  ^_jg  ' 

changed      .........  J 


262 
455 

1-3 
1,2 

286 

1-3 

117 

1,2 

1.  2 


Index.  973 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  — Continued. 

Lincoln,  Grammar  School  Fund,  in  the  town  of  Lincoln,  in  the 

County  of  Middlesex,  Trustees  of  the,  funds  and  other 

property  of ,  town  authorized  to  receive  and  administer     .       49  1-4 

Longmeadow,  sewers,  etc.,  of,  connection  with  enlarged  sewer- 
age system  of  city  of  Springfield,  authorized   ...       52  10 
Ludlow,  army  air-base,  acquisition  by  United  States  of  certain 

lands  for,  in,  consent  of  commonwealth  to,  etc.        .  .     463  1, 2 

sewers,  etc.,  of,  connection  with  enlarged  sewerage  system 

of  city  of  Springfield,  authorized    .....       52  10 

Lunenburg,    Lunenburg    Water    District    of    Lunenburg    in, 

establishment,  etc.        .  .  .  .  .  .  .17  1-14 

Lynnfield,  armory  commission  authorized  to  acquire  and  con- 
vey certain  lands  adjacent  to  state  rifie  range  in      .        _  .     297  1,  2 
Lake  Quannapowitt,  drainage  of  low  lands  adjacent  to,  in 
town  of  Reading,  taking  of  lands,  etc.,  by  state  depart- 
ment of  public  works  in  connection  with,  in    .           .           .     458                      3,  6 
Lynnfield  Center  Water  District  in,  establishment,  etc.        .     336                   1-14 
Marblehead,  fire  department,  chief  of,  deputy  call  chiefs,  etc.  !    73  1-4 
appointment,  salary,  civil  service  requirements,  etc.      .1216                      1,2 

control  of,  reorganized  .  .  .  .  .  .  <  2jg  12 

Marion,  boundary  line  between  town  of  Wareham  and,  portion 

of,  changed  and  established  .....     279  1, 3-6 

Methuen,  reserve  force  in  the  fire  department,  establishment 

authorized  .  .  .  •..•.•  •  •     ^^^  ^' ■^ 

Middleton,  Danvers  state  hospital,  acquisition  by  state  de- 
partment of  mental  health  of  certain  water  supply 
sources  for,  in      .  .  .  .  .  .  .  .     357  1 

Millville,  municipal  finance  commission  for,  powers,  duties,  f  514  1-11 

etc.,  of,  and  further  financial  relief  for  said  town     .  .  \  517  2 

Nantucket,  municipal  advertising  purposes,  further  appro- 
priations for         ........     102 

Needham,  Charles  river,  lands  adjacent  to,  in,  protection  of 
public  health  and  relief  from  mosquito  nuisance  in,  in- 
vestigation relative  to  ....        Resolve       54 

New   Salem,   records,    certain,    of   towns   of   Greenwich   and 

Prescott,  provision  for  permanent  custody  of,  as  affecting     172 

Northfield,  high  school  building,  remodeling,  etc.,  of,  borrow- 
ing of  money  for,  authorized,  and  certain  action  of  said 
town  in  connection  therewith,  validated  .  .  .     466  1-3 

North  Reading,  Danvers  state  hospital,  acquisition  by  state 
department  of   mental   health  of   certain   water  supply 
sources  for,  in      .  .  .  .  .  .  .  .     357  1 

Martin's  pond  in,  pollution  of,  remedying  of,  investigation 
as  to  .......        Resolve       26 

Norton,  lines,  poles,  etc.,  of  Norton  Power  &  Electric  Com- 
pany and  The  New  England  Telephone  and  Telegraph 
Company  of  Massachusetts  in,  locations,  etc.,  yahdated     134  1,  2 

Norwood,  referendum  to  voters  of  the  town  on  certain  appro- 
priation votes      ........       79  1,  2 

Oak  Bluffs,  lobsters,  plant  for  propagation  of,  acquisition  by 
commissioner  of  conservation  of  location  in  Lagoon  pond 
for,  in 385  2 

Palmer,  Four  Corners  Cemetery,  removal  and  reinterment  of 
certain  remains  in,  by,  and  construction  of  certain  ceme- 
tery ways  therein  .......         4  1-3 

representative  town  government  by  hmited  town  meetings, 

establishment  in  .  .  .  .  .  .  .110  1-14 

Petersham,  records,  certain,  of  towns  of  Enfield  and  Dana, 

provision  for  permanent  custody  of,  as  affecting       .  .      172 

Plainville,  lines,  poles,  etc.,  of  Union  Light  &  Power  Company 
and  The  New  England  Telephone  and  Telegraph  Com- 
pany of  Massachusetts  in,  locations,  etc.,  validated  .     134  1,  2 

Plymouth,  North  Sagamore  Water  District  in  town  of  Bourne 

authorized  to  acquire  waters,  lands,  etc.,  in    .  .  .     290  2 

Prescott,  records  of,  permanent  custody  by  the  metropolitan 

district  commission  of  ......     172 

Reading,  armory  commission  authorized  to  acquire  and  con- 
vey certain  lands  adjacent  to  state  rifle  range  in      .  .     297  1,  2 
common  sewers,  charges  for  connecting  estates  with,  and 

provision  for  apportionment  of  such  charges  .  .  .     195  1, 2 


974  Index. 


Item  or 
Chap.  Section. 


CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Reading,    Lake    Quannapowitt,    low    lands    adjacent    to,    in, 

drainage  of,  borrowing  of  money  for,  etc.,  by  said  town_ .     458  1-7 

Rehoboth,  lines,  poles,  etc.,  of  Attleboro  Steam  and  Electric 
Company  and  The  New  England  Telephone  and  Tele- 
graph Company  of  Massachusetts  in,  locations,  etc., 
validated 134  1, 2 

Rochester,   boundary  line  between  town  of  Wareham  and, 

changed  and  established        ......     279  1,2,4-6 

Rockport,  water  commissioners,  board  of,  name  changed  and 
said  board  authorized  to  perform  the  powers  and  duties 
of  sewer  commissioners  .  .  .  .  .  .321  1,2 

Rutland,  system  of  sanitary  sewers  in,  construction  by  said 
town  and  the  metropolitan  district  water  supply  com- 
mission       .  .  .  .  _        .  .        _  .  .  .287  1-3 
town  building,  certain,  remodeling  of,  borrowing  of  money 

for,  time  extended  for 266  1,2 

Salisbury,  Salisbury  Reclamation  District  in,  refunding  by, 

of  certain  indebtedness  .  .  .  .  .  .101  1,2 

Seekonk,  hues,  poles,  etc.,  of  Attleboro  Steam  and  Electric 
Company  and  The  New  England  Telephone  and  Tele- 
graph Company  of  Massachusetts  in,  locations,  etc., 
validated    .  .  ...  .       _    .  .  .134  1,  2 

Shirley,  Shirley  Village  Water  District  in,  extensions  of  bound- 
aries of,  providing  for  .  .  .  .  .  .  .     265  1,2 

Shrewsbury,  water  rights  in  Lake  Quinsigamond  and  certain 
ponds  in  Worcester  county,  present  status  and  use  of, 
determination  of,  as  affecting         .  .  .        Resolve       40 

Southborough,  metropolitan  water  system,  pressure  aqueduct 

and  tunnel  of,  taking  of  water  from,  authorized       .  .     303  1-3 

Southwick,  sewers,  etc.,  of,  connection  with  enlarged  sewerage 

system  of  city  of  Springfield,  authorized  ...       52  10 

Stoneham,  McDonough,  Mary,  granting  to,  of  right  of  way  in 

certain  land  owned  by  ......       58  1,  2 

Swampscott,    parks,    superintendent    of,    office    established, 

powers,  duties,  etc.       .  .  .  .  .  .  .         5  1-3 

tree  warden  and  the  local  superintendent  for  the  suppression 
of  gypsy  and  brown  tail  moths  and  tent  caterpillars,  offices 
abolished    .  .  .  .  •..-.•  •  •         ^  1~3 

Swansea,   Swansea  Fire  and  Water  District  in,  revived  for 

certain  purposes  .  .  .  .  .  .  .     362  1,2 

Tisbury,  Tashmoo  channel,  construction  of  a  bridge  without 

a  draw  over,  by  .  .  .  .  .  .  .  .     100  1,  2 

Tolland,  lands  in,  held  for  water  supply  or  watershed  purposes, 
payments  in  lieu  of  taxes  on,  providing  for,  investigation 
relative  to  .      _    .  .  .  .  .  .        Resolve       44 

Wakefield,  conversion  of  existing  buildings  into  non-fireproof 
tenement  houses  not  exceeding  two  and  one  half  stories  in 
height,  permitted  in     .  .  .  .  .  .  .     440  1,  2 

Fox  road  in,  laying  out,  construction,  etc.,  of,  validated       .     141  1 

recovery  of  damages  in  connection  with       .  .  .      141  2 

Lake  Quannapowitt,  drainage  of  low  lands  adjacent  to,  in 
town  of  Reading,  taking  of  lands,  etc.,  by  state  depart- 
ment of  public  works  in  connection  with,  in  .  .     458  3,  6 
water  level  of,  regulation  of ,  by     .           .           .           .           .     458  2 

Wales,  funding  of  certain  indebtedness  by,  authorized      .  .     460  1,2 

Wareham,   boundary  line,   between  town  of  Rochester  and, 

changed  and  established    ......     279  1,  2,  4-6 

between  town  of  Marion  and,  portion  of,  changed  and 

established       .  . 279  1,  3-6 

Warren,  East  School  building,  addition  to,  construction  and 

furnishing  of,  town  authorized  to  borrow  money  for  .  .     320  1-3 

Watertown,  Ford,  Anna  R.,  reinstatement  in  service  of,  for 

sole  purpose  of  being  retired  .....     389  1,  2 

Wellesley,  Hunnewell  school  lot,  sale  of,  disposition  of  money 

which  may  be  received  from  .....     203  1,  2 

West  Boylston,  West  Boylston  Water  District  of  West  Boyls- 

ton  in,  time  for  acceptance  of  act  establishing,  extended   .       55 

West  Springfield,  park  and  playground  commission,  establish- 
ment, powers,  duties,  etc.      ......  7  1-3 

sewers,  etc.,  of,  connection  with  enlarged  sewerage  system 

of  city  of  Springfield,  authorized   .....       52  10 


Index.  975 


Item  or 

Chap.  Section. 

CITIES   AND    TOWNS  —  Concluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 
West  Springfield,  Springfield,  city  of,  authorized  to  take  lands, 
etc.,   in,   in    connection   with    the    supplementing   of   its 
sewerage  system  .......       52  1 

West  Tisbury,  Dukes  County  Academy,  Trustees  of,  real  estate 

and  moneys  held  by,  transfer  to    .  .  .  .  .      154  1,  2 

Indian  memorial,  Dukes  County  authorized  to  take  certain 

land  for  preservation  as,  in  .  .  .  .  .  .78  1,2 

Westwood,  Charles  river,  lands  adjacent  to,  in,  protection  of 
public  health  and  relief  from  mosquito  nuisance  on,  inves- 
tigation as  to       .  .  .  .  .  .        Resolve       54 

Dedham  Water  Company,  taking  of  certain  properties  of, 

by,  alternative  method  for    .  .  .  .  .  .291  1-3 

school  purposes,  authorized  to  borrow  money  for         .  .201  1,2 

Wilbraham,  sewers,  etc.,  of,  connection  with  enlarged  sewerage 

system  of  city  of  Springfield,  authorized  ...       52  10 

Winchester,  assessment  of  taxes  by  assessors  of,  in  current 

year,  relative  to  .......     474  1,  2 

golf  course,  public,  establishment  in  city  of  Medford  and, 
investigation  as  to,  by  metropolitan  district  commis- 
sion    Resolve       27 

Winthrop,  abatements  of  taxes,  appeals  from  refusal  of  asses- 
sors to  make,  single  method  for,  in  .  .  .  .31  6,  7 

Boston,  Revere  Beach  and  Lynn  Railroad  Company,  con- 
tribution toward  cost  of  service  by,  authorized  .  .22  1,2 
county   commissioners   of   Middlesex   county,   election   of, 

voters  of  town  not  to  participate  in    .  .  .  .31  4,  5 

jurisdiction  in,  terminated     .  .  .  .  .  .31  1,  2,  6,  7 

sewersin,  etc.,  construction  by  metropolitan  district  com- 
mission, increased  expenditures  for  ....     285 

shore  protection  at,  cost  of  certain  repairs  for,  state  appro- 
priation             495  654b 

transportation  facilities  in,  improvement  of,  and  inclusion  of 

said  towns  in  Boston  metropolitan  district,  authorized      .     510  1-9 

Wrentham,  lines,  poles,  etc.,  of  Union  Light  &  Power  Com- 
pany and  The  New  England  Telephone  and  Telegraph 

Company  of  Massachusetts  in,  locations,  etc.,  validated    .      134  1,  2 

Wrentham  Cemetery  Corporation,  town  authorized  to  re- 
ceive and  administer  the  property  of      .  .  .  .25  1-4 

Citizens,  United  States,  of,  applicants  for  registration  for  practice  of 
medicine  and  dentistry  required  to  have  filed  notice  of 
intention  of  becoming,  etc.    ......     415  1-4 

CITY  AND   TOWN   AUDITORS: 

in  general,  civil  service,  employees  in,  reports,  certain,  pertaining 

to  compensation  of,  filing  with,  relative  to       .  .  .     422  1 

town  auditors,  election  for  three  year  terms,  authorized        .  .129 

CITY  AND   TOWN   CLERKS: 

in  general,  abandoned  children  and  foundlings,  birth  certificates 
of  certain,  making  and  recording  of,  powers  and  duties 
as  to  .........       61  1-4 

civil  service  examinations,  notices  of,  posting  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     396 

congenital  deformities  and  other  crippling  conditions  in  in- 
fants, reports  relative  to,  powers  and  duties  as  to    .  .     326  1,  2 
explosives  and  inflammables,  erection  and  use  of  buildings, 
etc.,  for  storage,  etc.,  of,  applications  for  reinstatement  of 
licen.ses  for,  action  taken  on,  notification  of     .           .           .     333 
filing  and  recording  of  instruments  with: 

civil  service  laws,  petitions  for  placing  certain  offices  under   .     183 
closing  out  sales,  etc.,  bond  given  in  connection  with,  sur- 
render of,  powers  and  duties  as  to  .  .  .  .     207 

locations  of  domestic  corporations  organized  for  the  trans- 
mission of  intelligence,  transfer  to  domestic  or  foreign 
corporations  organized  for  the  same  purpose,  certificate, 
etc.,  of         ........  .     162 

marriage,  certain  records  of,  and  notices  of  intent  to  marry, 

powers  and  duties  as  to  .  .  .  .  .  .     269  1-3 

nominations  for  city  and  town  offices,  printing  of  ballots  by, 
when  decisions  on  objections  thereto  not  made  within  a 
definite  time        ........     166 

representative  districts,  division  of  counties  into,  and  assign- 
ment of  representatives  thereto,  making  of  return  of,  to   .     467  2 


976 


Index. 


CITY  AND  TOWN  CLERKS  —  Concluded. 

city  clerks,  objections  to  nominations  for  city  offices,  decisions 
on,  powers  and  duties  as  to  .  .  . 

petition  for  submitting  to  the  voters  of  certain  cities  the  ques- 
tion of  approving  or  disapproving  orders  authorizing  the 
issue  of  bonds,  notes,  etc.,  for  certain  purposes,  powers  and 
duties  as  to 
CITY   AND   TOWN    COLLECTORS: 

bonds  of  collectors  of  taxes  when  acting  as,  additional  require- 
ments as  to 
insurance  providing  indemnity  for  or  protection  to,  on  account 
of  certain  losses,  municipalities  authorized  to  appropriate 

for 

See  also  Collectors  of  taxes. 
City  and  town  registrars,  marriage,  certain  records  of,  and  notices 

of  intent  to  marry,  powers  and  duties  as  to     . 
CITY  AND   TOWN    SOLICITORS: 

in  general,  collectors  of  taxes,  indemnification  and  protection  of, 
in  the  performance  of  their  duties  in  certain  cases,  duties 
as  to  ........ 

exempted  from  pro\asions  of  law  authorizing  cities  and  towns 

to  place  certain  offices  under  civil  service  laws 

city  solicitors,  objections  to  nominations  for  city  offices,  decisions 

on,  powers  and  duties  as  to 

CITY   AND   TOWN   TREASURERS: 

in  general,  assistant  treasurers,  appointment,  etc. 

bonds  of,  required  to  cover  their  duties  with  respect  to  trust 

funds  and  funds  of  retirement  systems  .  . 

collectors  of  taxes,  indemnification  and  protection  of,  in  cer- 
tain cases,  duties  as  to 
insurance  providing  indemnity  for  or  protection  to,  on  account 
of  certain  losses,  municipalities  authorized  to  appropriate 
for      .  .  .  .  .  .  .  . 

state  tax,  apportionment  and  assessment  of,  duties  as  to  . 
tax  titles,  borrowing  of  money  based  upon,  powers  and  duties 
as  to  .  .  .  .  .  .  .  . 

town  treasurers,  public  schools,  support  of,  providing  of  sufficient 
money  for,  powers  and  duties  in  certain  proceedings  rela- 
tive to         .  .  .  .  .       _   . 

City  committees  (see  Elections,  political  committees). 
CITY   COUNCILS: 

absent  voting  at  regular  city  elections,  acceptance  of  law  permit- 
ting, by,  required  to  be  made  at  least  ninety  days  before 
the  first  election  to  which  such  provisions  will  apply 
bonds,  notes,  etc.,  orders  authorizing  the  issue  of,  for  certain  pur- 
poses, petitions  for  submitting  question  of  approval  or  dis- 
approval to  the  voters  of  certain  cities,  powers  and  duties 
as  to  ......... 

coastal  wardens,  appointment  of  certain,  powers  and  duties  as 

to ,        . 

collectors  of  taxes,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to 
City  Hospital  of  Quincy,  purchase  of  certain  additional  real  estate 

by,  and  conveyance  of  the  same  to  city  of  Quincy      . 
Civil  actions  (see  Actions,  ci\'il;    Practice  in  civil  actions). 
Civil  Aeronautics  Authority  of  the  United  States,  aircraft,  pilots, 

etc.,  licenses  of,  issued  by,  registration  of,  etc.  . 
CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF: 


in  general,  appropriations 


Chap. 

Item  or 
Section. 

166 

108 

1 

44 

19 

269 

3 

183 
166 


109 


19 

516 


288 
294 


152 


108 
491 


66 


3,  7 

1 


8,  Subs.  SB 


civil  service,  division  of,  appropriations 

commission,  appointnient    .......     238 

chairman,  designation  by  governor   ..... 

compensation  of  commissioners  .         .  •    .    .  • 

compensation,  payment  of,  to  employees  in  civil  service,  and 

making  of  certain  reports  pertaining  thereto,  powers  and 

duties  as  to 
director  of  civil  service,  appointment  by    . 
establishment,  etc.  ....... 


393  3 

Subs.  47-50 

309 

410-445 

f 

411,  412, 

495 

416,  442. 

1 

443 

309 

411-413 

495 

Page  711 

238 

3,52 

238 

3 

238 

3 

422 

1-3 

238 

2 

238 

1-55 

Index. 


977 


CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF 

—  Continued. 
civil  service,  division  of  —  Concluded. 
commission  —  Concluded. 

examining  committee  to  examine  applicants  for  office  of  di- 
rector, appointment  by,  powers,  duties,  etc.    . 
investigations  and  inquiries  relative  to  classified  civil  serv- 
ice, powers  and  duties  as  to 
meetings         .  .  _         . 

political  representation  on         .....  . 


powers  and  duties 


reports  pertaining  to  compensation  of  employees  in  the  civil 
service,  and  relative  to  the  payment  thereof,  powers  and 
duties  as  to 

term  of  office  of  commissioners  ..... 

traveling  expenses,  etc.     ....... 

commissioner,  motor  velucle  parking  violations,  so  called,  per- 
sons convicted  of,  appointment,  etc.,  by  . 

office  of,  and  of  associate  commissioner,  abolished,  and  di-  ] 
vision  of  civil  service  placed  under  supervision  and  control 
of  a  director  and  a  commission,  and  further  defining  the 
powers  and  duties  of  said  division  its  officers  and  em- 
ployees       .  .  .  .  .  .  .  .  .J 

director,  appointment,  alternative  method  of  .  .  . 

certification  of  applicants  by  examining  committee  . 
competitive  examination  for 
qualifications  for 

compensation,  payment  of,  to  employees  in  civil  i 
making  of  certain  reports  pertaining  thereto, 
duties  as  to 

examiners  of  applicants  for  public  employment, 

.by  ...      • 

investigations  and  inquiries,  certain,  relative  to  classified 
civil  service,  as  affecting 

notices  of  civil  service  examinations,  contents  and  posting 
of,  powers  and  duties  as  to  . 

office  established     .... 


service,  and 
powers  and 


designation 


powers  and  duties 


removal  ......... 

reports  pertaining  to  compensation  of  employees  in  the  civil 
service,  and  relative  to  the  payment  tliereof,  powers  and 
duties  as  to 
salary    .......... 

term  of  office  ........ 

vacancy  in  office  of,  filling         ...... 

examiners  of  applicants  for  public  employment,  appointment, 
powers,  duties,  etc.       ....... 

investigations  and  inquiries,  certain,  by,  authorized  and  regu- 
lated  

metropolitan  district  commission,  police  force  of,  regular  and 
call  officers  in,  appointments  of,  powers  and  duties  as  to    . 
subdivisions,  organization  into,  authorized      .... 
registration,  division  of,  in  general,  appropriations 

barbers,  board  of  registration  of,  appropriations     . 
chiropody   (podiatry),   board    of   registration   in,    appropria- 
tions ......... 


Chap. 


238 


Item  or 
Section. 


420 

1,3,4 

238 

5 

238 

3 

2,  5,  6,  10. 

12,13,18,21, 

238 

\     24-27,  33, 

34,  36-42, 

44 

420 

1,  3,  4 

422 

1-3 

498 

1 

506 

1-3 

422 

1-3 

238 

3 

238 

3 

76 

238 

1-55 

498 

1,2 

506 

1-3 

238 

2 

238 

2 

238 

2 

238 

2 

422 

1-3 

238 

7 

420 

1,3,4 

396 

238 

1-55 

2,  4,  6-8. 

11,  13-20, 

238 

22-24, 

26-33,  35, 

[36,41,43-49 

396 
498 
506 
238 


422 
238 
238 
238 

238 

420 


441  1-3,  5 

238  4 

309  414-445 

495  416,  442,  443 

309  440,  441 


1-3 
2 
2 
2 

7 

1,  3,4 


309 


444,  445 


978 


Index. 


Chap. 
CIVIL  SERVICE  AND  REGISTRATION,   DEPARTMENT  OF 

—  Concluded. 
registration,  division  of  —  Concluded. 

dental  examiners,  board  of,  aliens,  registration  for  practice  of 

dentistry  by,  further  regulated       .....     415 

appropriations         ........     309 

electricians,  state  examiners  of,  appropriations       .  .  .     309 

embalming   and   funeral   directing,   board   of   registration  in, 
additional  qualifications  for  applicants  for  registration  as 
funeral  directors  by      .  .  .  .  .  ■  .160 

appropriations         ........     309 

hairdressers,  board  of  registration  of,  appropriations        .  .  |  .  „^ 

medicine,  board  of  registration  in,  aliens,  registration  for  prac- 
tice of  medicine  by,  further  regulated     ....     415 

appropriations         ........     309 

qualifications   for  membership   on,    certain   restriction   re- 
moved        .  .  .  .  .  .  .  .  .36 

nurses,  board  of  registration  in,  appropriations       .  .  .     309 

optometry,  board  of  registration  in,  appropriations  .  .     309 

pharmacy,  board  of  registration  in,  appropriations  .  .     309 

retail  drug  business,  permits  to  transact,  granting  by  .138 

plumbers,  state  examiners  of,  appropriations  .  .  .     309 

public  accountants,  board  of  registration  of,  appropriations      .     309 
veterinary  medicine,  board  of  registration  in,  applicants  for 

registration  by,  eligibility  requirements  for,  increased       .     251 
appropriations         ........     309 

secretary,  veterinary  schools,  approving  authority  for,  to  be 

a  member  of  .  .  .  ...  .     251 

notice  of  petitions  to  revise  or  reverse  decisions  of  ap- 
proving authority  relative  to,  giving  to    .  .  .251 
Civil  service  commission  (see  Civil  service  and  registration,  depart- 
ment of). 
Civil  service,  division  of  (see  Civil  service  and  registration,  depart- 
ment of). 
CIVIL   SERVICE   LAWS: 

applications  for  positions  under,  form,  etc.,  of,  further  regulated  |  .^^ 

appointments  under,  further  regulated     .  .  .  .  .  |  -Qg 

cities  and  towns,  authorized  to  place  certain  offices  under  .      183 

posting  in,  of  notices  of  examinations  to  fill  positions  under        .     396 

compensation,  payment  of,  to  employees  under,  and  making  of 

certain  reports  pertaining  thereto,  relative  to  .        _  .     422 

conservation,  department  of,  employees  of,  upon  date  of  certain 
changes  in  organization  and  functions  of  said  department, 
status  under         .  .  .  .  .  .  ■  ■     491 

correction  officers  at  certain  state  penal  and  reformatory  insti- 
tutions, minimum  age  requirement  for  persons  to  be  certi- 
fied for  appointment  as,  under       .  .  .  .  .     360 

division  of  civil  service,  abolition  of  the  commissionership  and  1 

associate  commissionerships  in,  and  placing  said  division  238 
under  the  supervision  and  control  of  a  director  and  a  com-  >  498 
mission,  and  further  defining  the  powers  and  duties  of  506 
said  division,  its  officers  and  employees,  as  affecting  .  J 

emergency  appointments  under,  regulated         ....      506 

examinations  for  positions  under,  form,  method,  etc.,  of,  further  )  238 
regulated    .  .  .  .  •  •  •  •  .1  498 

{ 506 
notices  of,  contents  and  posting  of,  relative  to        .  .  .     396 

fire  forces  under,  appointments  and  promotions  in,  further  regu- 
lated    .  .     419 

general  court,  sending  to  members  of,  of  copies  of  changes  in  rules 

made  under  .  .  .  .  .  .  .  .     397 

investigations  and  inquiries  relative  to  efficiency,  duties,  compen- 
sation, etc.,  of  persons  in  classified  civil  service,  author- 
ized and  regulated         .......     420 

Marblehead,  fire  department,  office  of  chief  of,  made  subject  to,  f    73 
and  offices  of  deputy  call  chiefs  exempted  therefrom  \  216 

matrons  of  police  departments  in  cities  having  over  thirty  thou- 
sand inhabitants  placed  under        .....     256 

metropolitan  district  commission,  police  force  of,  regular  and  call 

officers  in,  appointments  of,  under  ....     441 


Item  or 
Section. 


2-4 

419-421 
434,  435 


4 
427-429 
442, 443 
442, 443 

1,3,4 
417,418 


425,  426 
430,  431 
422-424 

438,  439 
436,  437 

1-4 
432,  433 


1-55 
1,  2 
1-3 


11,17 
2 
2 


1,  3,  4 
1-4 
1.  2 

1-3 

1-5 


Index. 


979 


CIVIL    SERVICE    LAWS  —  Concluded. 

motor  vehicle  parking  violations,  so  called,  appointments  to  and 
employment  in  positions  under,  not  to  be  affected  by 

offices,  municipal,  placing  of  certain,  under,  by  cities  and  towns, 
authorized  ........ 

police,  matrons,  certain  cities,  in,  placed  under  .  . 

forces  under,  appointments  and  promotions  in,  further  regu- 
lated ......... 

promotions  under,  further  regulated  ..... 

provisional  appointments  under,  further  regulated    . 

public  records,  certain  records  and  files  of  officers,  boards,  etc., 
having  power  to  appoint  and  employ  persons  to  positions 
in  classified  civil  service,  to  be        . 

reports  pertaining  to  compensation  of  employees  under,  and  rela- 
tive to  the  payment  thereof,  relative  to  :      .  .• 

reserve  forces  in  police  and  fire  departments  in  certain  cities  and 
towns  under,  ultimate  abolition  of  ...  . 

rules  and  regulations  regulating  selection  of  persons  to  fill  posi- 
tions under,  changes  in,  sending  of  copies  of,  to  members 
of  general  court  . 


Chap. 


Item  or 
Section. 


relative  to 


transfers  under,  regulated        .  .  .  . 

Civil  war  veterans,  care  of,  and  their  wives  and  widows,  appropriation 
state  service,  formerly  in,  compensation,  appropriation 
See  also  Grand  Army  of  the  Republic;   Soldiers,  sailors  and  ma- 
rines ;   Veterans. 

Claims,  accounts  and,  unclassified,  appropriations  .  .  .  \ 

settlement  of  certain,  appropriations 

Clams  (see  Fish  and  fisheries,  marine,  shellfish). 

Clarksburg,  town  of  (see  Cities  and  towns). 

Clerk,  house  of  representatives,  of  (see  General  court). 

senate,  of  (see  General  court). 
Clerks,  city  and  town  (see  City  and  town  clerks). 
CLERKS    OF   COURTS: 

in  general,  bonds  of  clerks,  assistant  clerks,  temporary  assistant 
clerks  and  temporary  clerks,  changes  in  requirements  as  to 
district  courts,  of  (see  District  courts). 

superior  court,  of,  Middlesex  county,  records  of  votes  for  county 
commissioners  in  Revere  and  Winthrop,  requirements  as 
to  transmission  to,  repealed  ..... 

Suffolk  county,  assistant  clerk  for  equity  business,  common- 
wealth's part  of  salary,  appropriation         .      . 
supreme  judicial  court,  of,  commonwealth,  for,  salary,  etc.,  ap- 
propriations        ........ 

Suffolk  county,  for,  commonwealth's  part  of  salary,  appro- 
priation      ......... 

Closed  banks  (see  Banks  and  banking). 

Closing  out  sales,  so  called,  further  regulated      .... 

Clubs,  private,  women  and  children  employed  in,  hours  of  labor      . 
Coastal  wardens  and  deputy  coastal  wardens,  appointment,  etc. 
Cohasset,  town  of  (see  Cities  and  towns). 

Collective  bargaining  (see  Labor  relations  law,  state,  so  called). 
COLLECTORS    OF   TAXES: 

bonds  of,  when  acting  as  city  and  town  collectors,  additional  re- 
quirements as  to  ....... 

indemnification  and  protection  of,  in  the  performance  of  their 
duties  in  certain  cases,  municipalities  required  to  make 
provision  for        ........ 

mortgagees,  payment  of  taxes  by,  to,  when       .... 

See  also  Taxation,  local  taxes,  collection  of. 
COLLEGES   AND   UNIVERSITIES: 

approval  of,  in  connection  with  eligibility  requirements  for  ap- 
plicants for  registration  as  veterinarians 
Chamberlayne  School,  use  by,  of  name  of  Chamberlayne  Junior 
College,  authorized,  etc.        ...... 

Dana  Hall  Schools,  use  by,  of  name  of  Pine  Manor  Junior  College 
as  applying  to  a  certain  division  thereof,  authorized,  etc. 


183 

256 

1-3 

419 

3 

506 

2 

238 

21 

506 

2 

420 

2 

422 

1-3 

419 

1.2 

397 

238 

12-15 

422 

3 

498 

1 

506 

3 

309 

161 

309 

659 

309 

659-670 

495 

664 

518 

665 

309 

233,  234 

495 

654a 

518 

671 

250 

251 
365 
249 


5,6 


31 

3 

309 

51 

309 

39,40 

309 

44 

207 
377 
491 

8.10 

980 


Index. 


COLLEGES  AND  UNIVERSITIES  —  Concluded. 

junior  colleges,  petitions  for  incorporation  of,  or  for  authority  to 
use  the  designation  thereof,  regulated     .  .  .         _. 

Massachusetts  state  college,   additional  dormitory,  etc.,  facili- 
ties for,  Massachusetts  State  College  Building  Associa- 
tion incorporated  to  provide  ..... 
appropriations  ......... 

director  of  division  of  wildlife  research  and  management,  co- 
operation by,  with,  in  certain  matters    .... 

student  activities,  receipts  from,  retention  and  management 
of,  in  a  revolving  fund,  etc.  ..... 

state  teachers  colleges,  appropriations      ..... 

centennial  of  establishment  of,  observance,  appropriation 

Framingham,  easement  in  certain  land  at,  granting  of,  to  town 

of  Framingham  for  sewerage  purposes    .  .        Resolve 

reconstruction,  etc.,  of  certain  buildings  at,  completion  of, 

relative  to  ........ 

reduction  of  number  of,  investigation  relative  to     .        Resolve 
appropriation  ........ 

students  in,  state  aid  to,  appropriation 
state      university,     establishment     of,     investigation     relative 
to       .......  .        Resolve 

See  also  Cape  Cod  Institute  of  Music. 
Commander-in-chief  (see  Militia). 

Commencement,  actions,  of  (see  Actions,  civil;    Practice  in  civil 
actions;    Service  of  process), 
terms  of  office  of  certain  state  officers,  of,  time  for,  ultimate  estab- 
lishment of  February  first  as  ....  . 

Commerce   Commission,   Interstate    (see  Interstate  Commerce 

Commis.sion). 
Commercial  feeding  stuff,  contents  of  tags  or  labels  on  certain 

packages,  lots,  etc.,  of,  further  regulated 
Commercial  motor  vehicle  division  (see  Public  utilities,  depart- 
ment of). 
Commercial  Street  waterfront,  Boston  harbor,  in,  harbor  lines 
along,  relocated   ........ 

COMMISSIONERS,    STATE: 

agriculture,  of  (see  Agriculture,  department  of), 
banks,  of  (see  Banking  and  insurance,  department  of), 
conservation,  of  (see  Conservation,  department  of). 
corporations  and  taxation,  of  (see  Corporations  and  taxation, 

department  of), 
correction,  of  (see  Correction,  department  of), 
education,  of  (see  Education,  department  of).  _ 
firemen's  relief,  on  (see  Firemen's  relief,  commissioners  on), 
insurance,  of  (see  Banking  and  insurance,  department  of), 
labor  and  industries,  of  (see  Labor  and  industries,  department  of), 
mental  health,  of  (see  Mental  health,  department  of), 
public  health,  of  (see  Public  health,  department  of), 
public  safety,  of  (see  Public  safety,  department  of), 
public  welfare,  of  (see  PubUc  welfare,  department  of), 
public  works,  of  (see  Public  works,  department  of), 
state  aid  and  pensions,  of  (see  State  aid  and  pensions,  commis- 
sioner of), 
uniform  state  laws,  on  (see  Uniform  state  laws,  commissioners  on). 
COMMISSIONS,    STATE: 

administration  and  finance  (see  Administration  and  finance,  com- 
mission on), 
alcoholic  beverages  control  (see  Alcoholic  beverages  control  com- 
mission), 
armory  (see  Armory  commission), 
art  (see  Art  commission), 
ballot  law  (see  Ballot  law  commission), 
boxing  (see  Public  safety,  department  of). 

civil  ser\ace  (see  Civil  service  and  registration,  department  of), 
emergency  pubHc  works  (see  Emergency  public  works  commis- 
sion), 
interstate  co-operation,  on  (see  Interstate  co-operation,  commis- 
sion on), 
labor  relations  (see  Labor  relations  commission). 
Massachusetts  aeronautic  (see  Massachusetts  aeronautic  com- 
mission). 


Chap. 

Item  or 
Section. 

424 

1-3 

388 
r309 
[495 

1-7 

404-409 

404 

491 

6,  Subs.  7C 

329 
r309 
[495 

309 

383-400 

383-399 

362^ 

5 

492 
73 
518 
309 

la 

Index.  981 


Item  or 
Chap.  Section. 

COMMISSIONS,    STATE  —  Conchided. 

Massachusetts  development  and  industrial  (see  Massachusetts 

development  and  industrial  commission), 
metropolitan  district  (see  Metropolitan  district  commission), 
public  bequest  (see  Public  bequest  commission), 
public  utilities  (see  Public  utilities,  department  of), 
racing  commission  (see  State  racing  commission), 
special,  apprentice  training,  on,  continued         .  .  .  .     471 

biennial  sessions  of  general  court  and  biennial  budget,  changes 
in  laws  of  commonwealth  necessitated  by  adoption  of,  to 
determine,  etc.     .  .  .  .  .  .        Resolve  1 

budget  and  appropriating  procedure  in  city  of  Boston  and 

county  of  Suffolk,  to  investigate  as  to    .  .        Resolve       46 

emergency,  in  respect  to  food,  fuel,  shelter  or  any  other  com- 
mon necessary  of  life,  provision  for  establishment  of,  under 
certain  conditions  .......     261  4 

Granville  and  Tolland,  lands  in,  held  for  water  supply  and 
watershed  purposes,  payments  in  lieu  of  taxes  on,  provid- 
ing for,  to  investigate  as  to  .  .  _        .  .  _     Resolve       44 
hurricane  and  floods,  recent,  to  investigate  certain  matters 

relating  to,  additional  appropriation       ....     309  36b 

juvenile    court    system,    to    investigate    and    study    relative 

to       . Resolve       43 

Metropolitan   District   Sewer  Construction   Commission,  es- 
tablishment, powers,  duties,  etc.    .....     512  1-11 

metropolitan  district  water  supply  (see  Metropolitan  district 

water  supply  commission), 
metropolitan  districts,  cities  and  towns  within,  certain  func- 
tions and  activities  affecting,  to  investigate  as  to,  revived 
and  continued     ......        Resolve       30 

Millville  Municipal  Finance  Commission,  powers,  duties,  etc.     514  1-11 

old  age  assistance,  so  called,  liberalization  and  administration 

of,  to  study  and  investigate  as  to        .  .        Resolve       65 

appropriation       .  .  .  .  .  .  .  .518  36p 

ordinances  of  the  cities  of  the  commonwealth,  to  investigate 

relative  to  ......        Resolve       69 

pardon  and  parole  systems  in  the  commonwealth  and  the  facts 
and  circumstances  surrounding  the  granting  of  certain 
pardons  and  paroles,  to  investigate  relative  to    Resolves  12,  37 
appropriation      ........     495  361 

public  works,  department  of,  administration  and  expenditures 
of,  to  investigate  further,  establishment,  powers,  duties, 

etc.    . Resolve       74 

railroad  transportation,  continuance  of  adequate  commuting 
passenger  service  for  certain  communities,  to  investigate 
as  to,  etc.   .......        Resolve       64 

rapid  transit  system  in  city  of  Boston,  extension  from  South 
station    to    Readville    district,     to    investigate    as    to, 

etc Resolve       64 

state  teachers  colleges,  reduction  of  number  of,  to  investigate 

relative  to  ......        Resolve       73 

taxes,  certain  payments  in  lieu  of,  on  lands  held  for  public  pur- 
poses, matter  of  pro\-iding  for,  to  investigate  as  to    Resolve       44 
Timber  Salvage  Commission,  establishment,  powers,  duties, 

etc 99  1-4 

appropriations |  ^99  ^^^4 

transportation  facilities  in  and  around  metropolitan  Boston 

area,  co-ordination  of,  to  investigate  as  to,  etc.         Resolve       64 
wage  and  hour  standards,  adoption  of,  within  this  common- 
wealth, to  investigate  as  to         .  .  .        Resolve       52 

appropriation 495  36g 

youth  administration  commission,  establishment  of,  in  depart- 
ment of  public  welfare,  to  study  relative  to  .       Resolve       38 

appropriation 495  36d 

unemployment  compensation  (see  Unemployment  compensation 
commission). 
Cominittees,  legislative  (see  General  court). 

political  (see  Elections). 
Commodities,  sale  of,  under  Fair  Trade  Law,  so  called  (see  Fair 
Trade  Law,  so  called). 
See  also  Sales. 
Common  carriers  (see  Carriers). 
Common  law  assignments  (see  Assignments). 


982  Index. 


appropriations  for  maintenance  of,  etc. 


Item  or 

Chap.  Section. 

Common  trust  funds,  investigation  by  judicial  council  relative 

to Resolve       18 

Common  victuallers,  keeping  of  premises  of,  open  for  business,  not 

required  throughout  entire  year     .  .  .  .  .431 

COMMONWEALTH : 

American  Legion,  The,  national  convention  of,  in  1940,  repre- 
sentation at,  if  held  in  Boston        .  .  .        Resolve       53 
appropriation           ........     495  161c 

bonds,  notes,  etc.,  of  (see  State  finance). 

constitution  of  (see  Constitution,  commonwealth,  of). 

councillor  districts,  division  into      .  .  .  .  .  .     507  1 

departments,  boards,  commissions,  etc.,  of,  additional  funds  for 
emergency  purposes  arising  in  fiscal  year  ending  Novem- 
ber 30,  1940,  method  of  allocation  to      .  .  .  .518  Page  791 

'      1 

99  4 

164  1, 2 

247  2 

309  1-8 

492 

495  1-4 

1  518  1-3 

Resolves     12,  14, 
[  64,  74 
changes  in  certain  requirements  as  to,  necessitated  by  adop- 
tion of  a  biennial  budget       .  .  ...  .     502  2-14 

limitations,   certain,   on  expenditures   contained  in,   made 

effective      .  .  .  .  .  .  ■  ■  ■     387  1,  2 

reductions  in  certain  items,  etc.         .  .  .  .  .     387  1,  2 

references  in  General  Laws  relative  to  annual  appropriation 
to  be  construed  as  referring  to  such  sums  as  are  appro- 
priated by  the  general  court  .  .  .         _.  .     508  17 
See  also  specific  titles  of  departments,  boards,  commissions, 
institutions,  etc. ;   State  finance, 
budget  estimates,  certain  provisions  of  law  relative  to,  made 

biennial  instead  of  annual     .         _ .  .  . 

civil  service,  records  and  files,  certain,  pertaining  to,  to  be 
deemed  public  records  ...... 

expenditures,  etc.,  by,  changes  in  certain  requirements  as  to, 

necessitated  by  adoption  of  a  biennial  budget 
reports  by,  pertaining  to  compensation,  etc.,  of  employees  in 
the  civil  service  ........ 

rules  and  regulations  promulgated  by,  annulling  of,  by  general 
court  ......... 

list  of,  inclusion  in  annual  reports  thereof  .  . 

studies  relative  to  administration  of  certain,  appi-opriation 

See  also  Boards,  state;    Commissioners,  state;    Commissions, 

state;  Departments,  state;   Divisions,  state  departments, 

of. 

federal  funds,  certain,  for  pubhc  projects,  applications,  etc.,  for, 

powers  and  duties  of  emergency  public  works  commission 

as  to  .  .  .  .  .  .  .  ;  ■     418 

extension  of  provisions  of  certain  enabling  acts  to  provide  for 

acceptance  and  use  of,  by     .  .  .  .  .  .417  1,  2 

finances  of  (see  State  finance). 

flood  control  projects.  United  States,  construction  of  certain,  by, 

acquisition  of  land  for,  consent  to,  granting  by    .  .     284 

co-operation  by  department  of  public  works  in  certain 

highway  construction  in  connection  with     .  .  .     483  1-3 

funds  of  (see  State  finance). 

heath  hen,  certain  drawing  of,  acceptance  by    .  .        Resolve       16 

Jewish  War  Veterans  of  the  United  States  of  America,  national 
convention  of,  in  1940,  representation  at,  if  held  in  Bos- 
ton   ........       Resolve      68 

land,  certain,  held  by,  in  city  of  Worcester  and  town  of  Leicester, 

sale  of,  relative  to         .  .  .  ...  .     328 

motor  vehicles,  passenger,  purchase  by,  at  price  exceeding  one 

thousand  dollars,  restricted  ......     309  4 

reductions  in  amounts  available  for       .....     387  1 

See  also,  infra,  officers  and  employees  of,  in  general,  motor 
vehicles  owned  by. 
officers  and  employees  of,  in  general,  bonds  of,  premiums  on,  re- 
imbursement for,  appropriation     .  .  .  .  .     309  666 

civil  service  laws,  as  affecting  (see  Civil  service  laws). 


502 

2-7 

420 

2 

502 

8,  12-14 

422 

2 

499 

499 

1 

4A 
4 

Index.  983 


Item  or 
Chap.  Section. 

COMMONWEALTH  —  Concluded. 

officers  and  employees  of,  in  general  —  Concluded. 

meals,  reimbursement  for  expenses  incurred  for,  reductions, 

certain,  in  amounts  available  for     ....     387  1 

regulated 309  4 

motor  vehicles  owned  by,  expenses  of,  allowances  for,  reduc- 
tions in  amounts  available  for      ....     387  1 

restricted 309  5 

records  and  files,  certain,  pertaining  to,  to  be  deemed  public 

records        .........     420  2 

retirement  system,  contributory,  for,  transfers  of  members 

of,  to  other  contributory  systems,  further  regulated        .     449  1,2 

See  also  Retirement  systems  and  pensions,  retirement  sys- 
tems, commonwealth,  of. 
employees,  removal  of  certain,  under  certain  provisions  of  state 

retirement  system,  relative  to        .  .  .  .  .     433 

workmen's  compensation  law,  payment  of  wages  or  salaries 
in  certain  cases  where  compensation  for  total  incapacity  is 
payable  under,  to,  prohibited,  etc.  .  .  .  .     435 

officers,  contracts,  certain,  awarded  by,  competitive  bidding 

on      .  .  .  .  .  .  .  .  .  .     427 

reports  by,  pertaining  to  compensation,  etc.,  of  employees  in 

the  ci^^[l  ser\ace  .  .  .  .  .  .     422  2 

laws  relative  to,  changes  in,  necessitated  by  adoption  of  f  499  1-9 

biennial  sessions  of  general  court,  etc.  .  .  .  \  508  9,  15 

rules  and  regulations  made  by,  annulling  of,  by  general  court     499  4A 

list  of,  inclusion  in  annual  reports  by  said  officers      .  .     499  4 

terms  of  office  of  certain,  time  of  commencement  of,  ultimate 

establishment  of  February  first  as  ....     304 

pier  five,  supervision  and  operation  of,  etc.,  appropriations         .     309  627,  633 

public  buildings,  construction,  alteration,  etc.,  by,  fair  compe- 
tition for  bidders  on,  required         .....     480 

records  and  files,  certain,  pertaining  to  officers  and  employees 

within  classified  civil  service,  deemed  to  be  public  records     420  2 

See  also  Public  records, 
senatorial  districts,  division  into      ......     507  2 

sinking  funds  of  (see  State  finance). 

Sumner  tunnel,  operation  and  maintenance  of,  expenses  incurred 
by  city  of  Boston  for,  part  reimbursement  of  said  city 
for,  by    .  .  .  .  .  .  .        Resolve       71 

appropriation       .  .  .  .  .  .  .  .     495  670b 

United  States,  acquisition  by,  of  certain  lands  for  army  air-base 
in  city  of  Chicopee,  and  town  of  Ludlow,  granting  of  con- 
sent to,  by 463  1,  2 

flood  control  projects,  construction  of  certain,  by,  acquisition 

of  land  for,  consent  to,  granting  by     .  .  .  .     284 

co-operation  by  department  of  public  works  in  certain 

highway  construction  in  connection  with      .  .  .     483  1-3 

Yankee  Division  Veterans  Association,  national  convention  of, 

in  1940,  representation  at,  if  held  in  Boston       Resolve       45 
appropriation       ........     495  161b 

See  also  Massachusetts. 
Commonwealth  Defense  Act  of  1917,  emergency  commissions  to 
be  established  in  cases  of  emergency  in  respect  to  neces- 
saries of  life  to  have  certain  powers  and  authority  granted 

by 261  4 

Communicable  diseases,  division  of  (see  Public  health,  depart- 
ment of). 
Commuting  passenger  service,  so  called,  continuance  of,  by  cer- 
tain  railroads,    action   to   assure,   investigation   relative 

to Resolve       64 

Companies,  banking  (see  Banking  companies), 
insurance  (see  Insurance), 
trust  (see  Banks  and  banking). 
See  also  Corporations. 
Compensation,  injured  employees,  for  (see  Workmen's  compensa- 
tion). 
unonipl(;yment  (see  Unemployment  compensation  law). 
Competition,  Fair  Trade  Law,  so  called,  penalty  by  way  of  forfeiture 
imposed  on  persons  performing  acts  constituting  unfair 
competition  under         .......     313 

public  works,  bidders  on  construction,  etc.,  of  certain,  require- 
ments as  to  .  .  .  .  .  .  .  .     480 


984 


Index. 


Chap. 
Competition  —  Concluded. 

state  contracts,  certain,  competitive  bidding  on,  reqiiirements 

as  to 427 

unfair  sales  act,  so  called,  clarifying  of,  by  further  defining  cer- 
tain terms  as  used  therein     .  .  .  .  .  .189 

Compounds    (see    Explosives    and    inflammable    fluids   and    com- 
pounds) . 
Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Motor  ve- 
hicles, liability  for  bodily  injuries,  etc.,  caused  by,  security 
for). 
Compulsory  school  attendance,  age  limit  for,  raised  .  .         .     461 

Concerts,  band,  appropriations    .  ......  |  ^qq 

esplanade,  appropriation  .  .  .  .  •   .       •      .    •      ^^^ 

Conciliation  and  arbitration,  board  of  (see  Labor  and  industries, 

department  of). 
Concord  river,  sanitary  condition  of,  compilation  of  certain  infor- 
mation relative  to Resolve       22 

appropriation     ......•••     495 

Conditional  sales,  personal  property,  of,  contracts  of,  further  regu- 
lated   509 

Congenital  deformities,  reporting  of,  and  other  cripplmg  condi- 
tions in  infants,  provision  for  .....     326 
CONGRESS    OF   UNITED    STATES: 

emergency  laws  of  (see  Federal  emergency  laws). 

Menem  sha      Creek,      improvements      in,     appropriation     for, 

by Resolve       70 

Connecticut  river,  flood  protection  works  along,  construction,  etc.,  f    97 

Chicopee,  city  of,  by I  364 

Holyoke,  city  of ,  by         .  .  .  .  •  •  •     239 

Northampton,  city  of,  by |  ^2Q 

sanitary  condition  of,  compilation  of  certain  information  relative 

to       ....•••  •        Resolve       22 

appropriation  ........     495 

Springfield,  city  of,  authorized  to  construct  certam  sewers,  etc., 

for  the  purpose  of  removing  pollution  from      ...       52 
Connors,  Marie,  payment  by  commonwealth  of  sum  of  money  to,  as 
reimbursement  for  certain  expenses  incurred  by  reason  of 
being  struck  by  a  motor  vehicle  operated  by  a  member  of 

the  militia Resolve       57 

CONSERVATION,    DEPARTMENT    OF: 

309 

495 


Item  or 
Section. 


in  general,  appropriations 


1-3 
741 
676 
678 


36c 
1.  2 
1.2 


1-4 
1,2 
1-4 
1-4 
1,2 


36c 


hurricane,  forest  fire  hazards  resulting  from,  reduction  of,  by 
removal  of  fallen  trees,  etc.,  on  private  property,  powers 
and  duties  as  to  .  .  .  •         _■  _•      _    • 

lobsters,  propagation  by  commonwealth,  further  investigation 
relative  to,  by     .  .  .     _     .  ...        Resolve 

organization  and  functions  of,  certain  changes  in  . 

shellfish  areas,  protection  of,  persons  acting  under  special  per- 
mit issued  by,  for,  exempted  from  certain  restrictions  as  to 
carrying  of  firearms  in  motor  vehicles  in  certain  areas        . 
commissioner,   Indian  reservation,  establishment  by,  within 
boundaries  of  Freetown-Fall  River  State  Forest       .      _    . 

lobsters,  propagation  of,  plant  for,  establishment  and  main- 
tenance by,  and  acquisition  of  certain  land  in  town  of 
Oak  Bluffs  for  such  purpose       .  .  .  .  . 

appropriation       .  .  .  •  .  .  .     .      . 

organization  and  functions  of  departrnent  of  conservation, 
changes,  certain,  in,  powers  and  duties  relative  to     . 

ornithologist,  state,  appointment,  etc.,  by     . 

Timber  Salvage  Commission,  to  be  member  of,  etc. 
divisions  of : 

fisheries  and  game,  appropriations        ..... 
director,  appointment,  powers,  duties,  etc. 


268-312; 
Page  367 

280a,  285a, 
286,  310 
518  311a;  Page  791 


23 
491 


385 

518 


1-12 


1,2 
311a 


4912,5,6,8-10,12 

491  6 

99         1-4 


309 

495 
518 
491 


287-309, 
311,  312 
310 
Page  791 
4,  10-12 


Index.  985 

Item  or 
Chap.  Section. 

CONSERVATION,    DEPARTMENT    OT  —  Concluded. 

divisions  of  —  Concluded. 

fisheries  and  game  —  Concluded. 

Lake  Quinsigamond,  restocking  program  for,  effect  on,  of  the 
exercise  of  certain  water  rights  in  said  lake,  deter- 
mination of,  etc.  ....        Resolve       40 

appropriation         .......      495  36h 

marine  fisheries,  state  supervisor  of,  appropriations     .  .  |  cVo  P        701 

office  abolished,  etc 491  8,  11 

state  inspector  of  fish,  office  abolished,  etc.         .  .  .     491  7,  10 

See  also  Fish  and  fisheries;    Game  and  inland  fisheries, 
forestry,  additional  temporary  officers  in,  appointment  of,  for 
forest  fire  patrol  in  areas  endangered  by  conditions  result- 
ing from  the  recent  hurricane         .....     247  1 

appropriations 309  |        plge^ls-/ 

director,  appointment,  etc.,  as  affecting     ....     491  3,  12 

state  forester,  no  longer  to  be  known  as  .  .  .     491  3,  12 

state  fire  warden,  appropriation         .....     309  275 

assistants,  additional,  detailing  to,  for  forest  fire  patrol 

purposes  .  .  .  .  .  .  .  .     247  1 

state  forester,  director  of  division  of  forestry  no  longer  to  be 

known  as 491  3,  12 

fire  patrol,  appointment  by,  to  patrol  areas  endangered 

by  conditions  resulting  from  the  recent  hurricane  .     247  1 

Timber  Salvage  Commission,  establishment,  etc.,  in   .  .99  1-4 

f     QQ  4 

appropriations    .  .  .  .  .  .  .  .  |  ^^^  2gQ^ 

marine  fisheries,  director,  appointment,  powers,  duties,  etc.     .     491  8,  10-12 

estabUshment,  etc. 491  1,  8,  12 

parks,  appropriations {309  ^28^-285 

changed  to  division  of  parks  and  recreation        .  .  .     491  9,  12 

parks  and  recreation,  director,  appointment,  powers,  duties, 

etc 491  9,  12 

estabUshment,  etc. 491  1,  9,  12 

•wildlife   research    and   management,    director,    appointment, 

powers,  duties,  etc.       .......     491  6,  12 

estabUshment,  etc. 491  1,  6,  12 

ornithologist,  state,  appointment,  etc.  .491  5,  12 

Conservation  officers,  carrying  of  certain  firearms  in  motor  vehicles 

in  certain  areas,  restriction  as  to,  exempted  from     .  .     462 

compensation,  expenses,  etc.,  appropriations     ....     309  291,  292 

Conservators  (see  Guardians  and  conservators). 

Constabulary,  state,  so  called  (see  Public  safety,  department  of: 

divisions  of:    state  police). 

Constitution,  commonwealth,  of,  biennial  sessions  of  general  court  f  499  1-9 

and  biennial  budget,  initiative  amendment  providing  I  501  1-6 

for,    changes  in   laws   of   commonwealth   necessitated  \  502  1-14 

by        _    .  .       _  .  .  .  .  .  .  .   i508  1-17 

special  commission  established  to  determine  .        Resolve         1 

Consumption  (see  Tuberculosis). 

Contagious  diseases  (see  Diseases  dangerous  to  public  health). 
Contract,  actions  in,  joinder  of  causes  of,  and  causes  of  action  in 

tort,  relative  to 67  1,  2 

Contract  carriers  (see  Carriers). 

Contractors,  reserve  police  officers  employed  by,  on  certain  public 

works,  rate  of  compensation  to  be  paid  to,  regulated         .     252 
uninsured  independent  contractors  or  sub-contractors  made  liable 
to  the  insurers  where  such  insurer  is  obligated  to  make 
payment  to  an  employee  of  such  uninsured  independent 
contractors  or  sub-contractors        .....       93 
See  also  Contracts. 
Contracts,  conditional  sale  of  personal  property,  of,  further  regu- 
lated       509  1,  2 

county,  exceeding  five  hundred  dollars  and  under  one  thousand 

dollars,  bids,  inviting  of,  required  ....     452  8 

exceeding  one  thousand  dollars,  bids,  advertising  for,  require- 
ments as  to,  applicable  in  certain  cases  where  purchase 
price  of  commodity  involved  consists  in  part  of  an  allow- 
ance for  goods  given  in  exchange  .....     452  7 
insurance  (see  Insurance). 


986 


Index. 


Contracts  —  Concluded. 

public  buildings,  construction,  etc.,  for,  commonwealth  or  any 
political  subdivision  thereof,  by,  fair  competition  for  bid- 
ders on,  required  .  .  .  . 

state,  competitive  bidding  on  certain,  requirements  as  to    . 
Suffolk  county,  entered  into  on  behalf  of,  made  subject  to  laws 
regulating  the  making  of  contracts  by  officials  of  the  city 
of  Boston    ......... 

See  also  Contractors. 

Contributions,  political  (see  Elections). 

Convalescent  homes,  labor  of  women  and  children  in,  hours  of,  in- 
vestigation as  to,  continued  .  .  .        Resolve 

Conveyance  of  real  estate  (see  Real  property). 

Convicts  (see  Penal  and  reformatory  institutions;   Prisoners). 

Cooley  Dickinson  Hospital,  The,  trustees  of,  residential  qualifi- 
cations       ......... 

Co-operation,  interstate,  commission  on  (see  Interstate  co-opera- 
tion, commission  on). 

Co-operative  banks  (see  Banks  and  banking). 

Co-operative  Central  Bank,  powers  and  duties  of,  further  regu- 
lated, and  dissolution  of  co-operative  banks  affected 

Co-operative  courses,  employment  of  children  in  connection  with, 
school  attendance  law,  as  affecting  .... 

Corn-borer,  European,  suppression  of,  appropriation    . 

Corporation  of  the  Rebecca  Pomroy  Nevsrton  Home  for  Orphan 
Girls,  purposes  of,  changed  ..... 

CORPORATIONS: 

in  general,  dissolution  of,  certain     .  .  .  .  .  .  < 

superior  court  to  have   original   jurisdiction,  concurrently 
with  supreme  judicial  court  of  all  matters  relating  to 

supreme  judicial  court,  by,  upon  application  by  commis- 
sioner of  corporations  and  taxation 
dividends  on  shares  in  (see  Taxation,  incomes,  of). 


reviving  of  certain 


taxation  of  (see  Taxation,  corporations,  of), 
agricultural  and  horticultural  (see  Agricultural  and  horticultural 

societies), 
business,  dissolution  of  certain 

dividends  of,  taxation  of,  as  income      .  .  .  .  . 

domestic  corporations  authorized  to  own  shares  of  domestic 

corporations  engaged  in  the  gas  business 
funeral  directing,  business  of,  engaging  in,  regulated 
meetings  of  stockholders,  alternative  method  of  calling  . 
par  value  of  shares  of  capital  stock  of,  minimum,  reduced 
taxation  of  (see  Taxation,  corporations,  of). 
See  also,  supra,  in  general, 
charitable  and  certain  other  purposes,  for,  dissolution  of  certain  .  • 

churches  (see  Churches  and  religious  corporations), 
co-operative  banks  (see  Banks  and  banking), 
electric  (see  Gas  and  electric  companies). 

foreign,  dividends  of,  credit  for  certain,  not  to  be  allowed  tempo- 
rarily in  determining  tax,  etc.         ..... 

taxation  of,  as  income      .  .  .  .  .  .  . 

insurance  companies,  merger  or  consolidation  with  domestic 

insurance  companies,  authorized  in  certain  cases 
taxation  of  (see  Taxation,  corporations,  of), 
transmission  of  intelligence  by  electricity,  incorporated  for, 
location  of  lines  for  certain   .  .  .  .  . 

sale  and  transfer  to  certain,  of  property  and  locations  of  cer- 
tain domestic  corporations    ...... 

fraternal  benefit  societies  (see  Fraternal  benefit  societies), 
gas  and  electric  (see  Gas  and  electric  companies). 
hospital  servdce  corporations,  non-profit,  further  regulated 
subscriptions  to,  orders  for  payment  of,  exempted  from  laws 
regulating  assignments  of  wages    ..... 


Chap. 


480 
427 


156 


128 


373 
373 


161 
162 


312 
125 


Item  or 
Section. 


1.2 


461 
309 

3,  4.  4A,  9 
263 

378 

177 
399 

1-5 
1-5 

257 

1,2 

456 

1.2 

8 
11 
41 
169 
323 
324 
428 

179 
399 
373 

1-5 

1-5 

1,3,4 

301 

160 

14 

15 

1,2 
2 

1 

179 
399 

1-5 
1-5 

2 
1,3,4 


1-7 


Index.  987 


CORPORATIONS  —  Continued. 

insurance  companies  (see  Insurance). 


Item  or 
Chap.  Section. 


intelligence,  etc.,  for  transmission  of  (see  Electricity,  intelligence, 

transmission  by;   Telephone  and  telegraph  companies), 
junior  colleges,  petitions  for  incorporation  of,  or  for  authority  to 

use  the  designation  thereof,  regulated     .  .  .  .     424  1-3 

manufacturing,  taxation  of  (see  Taxation,  corporations,  of), 
public  service,  dissolution  of  certain  .  .  .  .  ■  I  ogg  j_5 

railroad  (see  Railroads). 

religious  societies  (see  Churches  and  religious  corporations). 

savings  banks  (see  Banks  and  banking). 

ships  and  vessels,  interested  in,  taxation  of       ...  .     363  1,  2 

street  railway  (see  Street  railways), 
taxation  of  (.see  Taxation,  corporations,  of). 

telephone  and  telegraph  (see  Telephone  and  telegraph  companies), 
trust  companies  (see  Banks  and  banking). 
special  provisions  relative  to  particular  corporations : 
A.  C.  Ratshesky  Foundation,  gift  from,  of  certain  land  in  Bos- 
ton, acceptance  by  adjutant  general  on  behalf  of  common- 
wealth        .  .  .  .  .  .  •       _  .  •     338 

Acushnet  Process  Company,  bridge  over  Acushnet  river  be- 
tween city  of  New  Bedford  and  town  of  Acushnet,  con- 
struction by,  authorized         ......     430  1,  2 

Allan    A.  Gillis    Construction    Company,  claim,    certain,  of, 

against  the  commonwealth,  investigation  of    .        Resolve       72 
American  Board  of  Commissioners  for  Foreign  Missions,  The, 
funds  and  other  property  of  The  Springfield  Branch  of  the 

Woman's  Board  of  Missions,  receipt  and  management  by       53  1-6 

Attleboro  Steam  and  Electric  Company,  lines,  poles,  etc.,  of, 

in  Rehoboth  and  Seekonk,  locations,  etc.,  vaUdated  .      134  1,  2 

Blackstone  Canal  Company,  water  rights,  certain,  granted  to, 

present  status  and  use  of,  determination  of       Resolve       40 
appropriation  ........     495  36h 

Boston  and  Maine  Railroad,  payment  of  sum  of  money  to,  in 
compensation  for  certain  parcels  of  land  in  city  of  Revere 
taken  by  eminent  domain     ....        Resolve       36 

Boston  and  Providence  Railroad  Corporation,  continued  trans- 
portation service  for  communities  served  by,  action  to 
assure,  investigation  relative  to      .  .  .        Resolve       64 

Boston   Catholic   Cemetery   Association,   authorized   to   hold 

additional  real  and  personal  estate  .  .  .  .     443 

Boston  Consolidated  Gas  Company,  certain  provisions  of  law 
not  to  be  construed  to  authorize  the  consolidation  of  the 
Boston  Edison  Company  and         .....     229  2 

lease  to,  of  certain  property  of  Dedham  and  Hyde  Park  Gas 
and  Electric  Light  Company  to  be  acquired  by  city  of 
Boston,  extension  of  time  for  .....     208  1,  2 

Boston  Edison  Company,  certain  provisions  of  law  not  to  be 
construed  to  authorize  the  consolidation  of  the  Boston 
Consolidated  Gas  Company  and    .....     229  2 

Boston  Elevated  Railway  Company,  Atlantic  avenue  elevated 

railway  structure  of,  removal  of,  relative  to    .  .  .     482  1-5 

rapid  transit  system  of,  extension  through  Lechmere  Square, 
Cambridge,  and  Davis  Square,  Somerville,  to  Arlington, 
investigation  relative  to         ...  .        Resolve       21 

Winthrop,  town  of,  Boston,  Revere  Beach  and  Lynn  Rail- 
road Company,  properties  owned  by,  in,  etc.,  purchase 
by,  authorized  .......     510  1-6,  9 

bus  line  in,  establishment,  etc.,  by,  authorized  .  .     510  1,  4,  9 

Boston,  Revere  Beach  and  Lynn  Railroad  Company,  discon- 
tinuance of  operation,  disposition  of  certain  property,  etc., 

authorized 510  8,  9 

Winthrop,  town  of,  authorized  to  contribute  towards  cost 

of  service  by    .  .  .  .  .  .  .  .22  1,2 

Boston,  city  of,  and,  properties  owned,  etc.,  in,  by,  pur- 
chase by  Boston  Elevated  Railway  Company,  author- 
ized  510  1-6,  9 

Canton  Mutual  Liability  Insurance  Company,  receivership  of, 

expenses,  appropriation  ......     495  319a 

Cape  Cod  Institute  of  Music,  degree  of  bachelor  of  music, 

granting  by,  authorized  ......     277 

Central  Credit  Union  Fund,  Inc.,  authorized  to  become  a  mem- 
ber, and  to  invest  in  shares  of  certain  credit  unions  .112  1,2 


Index. 


CORPORATIONS  —  Contimied. 

special  provisions  relative  to  particular  corporations  — 

Contimied. 
.Chamberlayne  School,  use  by,  of  name  of  Chamberlayne  Junior 
College,  authorized,  etc.        ..... 

Charles  Hayden  Foundation  (New  York)  permitted  to  be  a 
limited  partner  in  Hayden,  Stone  &  Co.,  for  a  certain 
period  ........ 

City  Hospital  of  Quincy,  purchase  of  certain  real  estate  by 
and  conveyance  of  the  same  to  the  city  of  Quincy 

Cooley  Dickinson  Hospital,  The,  trustees  of,  residential  quali- 
fications     ........ 

Co-operative  Central  Bank,  The,  powers  and  duties  of,  further 
regulated,  and  dissolution  of  co-operative  banks  affected 

Dana  Hall  Schools,  use  by,  of  name  of  Pine  IVIanor  Junior  Col- 
lege as  applying  to  a  certain  division  thereof,  authorized, 
etc.    .  .  .  .  .  ... 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by  city  of  Boston  and 
lease  thereof  to  Boston  Consolidated  Gas  Company,  ex- 
tension of  time  for        .....  . 

Dedham  Water  Company,  Westwood,  town  of,  taking  by,  of 
certain  properties  of,  alternative  method  for    . 

Dukes  County  Academy,  Trustees  of,  transfer  of  real  estate 
and  moneys  held  by,  to  town  of  West  Tisbury 

Dummer  Academy,  Trustees  of,  authority  to  borrow  money 
further  increased  ...... 

Fairhaven  Water  Company,  water  supply  for  Sconticut  Neck 
town  of  Fairhaven  may  contract  with,  for 

Frank  Imhof  Company,  revived  for  certain  purposes 

General  Electric  Mutual  Benefit  Association,  relief  and  benefits 
payable  by,  maximum  increased    .... 

Grammar  School  Fund,  in  the  town  of  Lincoln,  in  the  County 
of  Middlesex,  Trustees  of  the,  funds  and  other  property  of 
conveyance  to  town  of  Lincoln,  authorized 

Holyoke  Box  and  Lumber  Company,  re\aved  for  certain  pur- 
poses ........ 

H.  W.  Bassett,  Inc.,  revived         .  .  . 

Inman  Square  Amusement  Company,  revived  for  certain  pur- 
poses .  .  .  .  .  .  .  . 

Jordan  Marsh  Company,  structure  bridging  Avon  street  in 
city  of  Boston,  construction  and  maintenance  by,  etc., 
authorized  .  .  .       _   . 

J.  S.  Gushing  Company,  claim,  certain,  of,  payment  of,  appro- 
priation     ......... 

Linen   Thread   Company   Incorporated,    of    Delaware,    The, 
rights  of,  in  certain  water  rights  in  Lake  Quinsiga- 
mond  and  certain  ponds  in  Worcester  county,  deter- 
mination of  .....        Resolve 
appropriation  ........ 

Lynn  Gas  and  Electric  Company,  underpass  under  Broad 
street  in  city  of  Lynn,  construction  of,  powers  and  duties 
as  to  .  .    _       .  .  .  . 

Martin  W.  Ryan,  Inc.,  instrument  purporting  to  be  a  contract 
between  commonwealth  and,  for  reconstruction,  etc.,  of 
certain  buildings  at  Framingham  state  teachers  college, 
completion  of  said  reconstruction  .... 

Massachusetts  Horticultural  Society,  laying  and  collecting 
of  assessments  by,  authorized         .  .  .  .  . 

Massachusetts  Hospital  Life  Insurance  Company,  capital 
stock,  number  of  directors,  date  of  annual  meeting,  etc., 
relative  to  .  .  .  .  .  .  .  . 

Massachusetts  Police  Mutual  Aid  Association,  membership  in, 
eligibility  requirements  ...... 

Massachusetts  State  College  Building  Association,  incorpo- 
rated for  purpose  of  providing  addition  of  dormitory  and 
other  facilities  for  said  college        ..... 

Melrose  Athletic  Field  Association,  Inc.,  release  and  surrender 
to  city  of  Melrose  of  all  right,  title  and  interest  in  certain 
park  land  in  said  city  ....... 

Mutual  Savings  Central  Fund,  Inc.,  duration  of,  extended      . 
insurance  of  deposits  in  certain  savings  banks,  annual  as- 
sessments as  a  charge  for,  payment  of  certain,  to 


Chap. 


365 


Item  or 
Section. 


128 

227 

1-5 

249 

1.2 

208 

1,2 

291 

1-3 

154 

1,2 

119 

350 

428 

3,  11 

126 

1,  2 

49 

1-4 

11 

41 

340 

1-3 

495 

205a 

40 
495 

36h 

64 

1.2 

337 

1-4 

137 

388 


222 
149 


1-7 


1-3 
1 

2,3 


Index. 


989 


CORPORATIONS  —  Concluded. 

special  provisions  relative  to  particular  corporations  — 

Concluded. 

Nantasket-Boston  Steamboat  Company,  town  of  Hull  author- 
ized to  contribute  toward  cost  of  steamboat  servace 
between  Boston  and  Hull  by  ....  . 

New  England  Power  Company,  armory  commission  authorized 
to  acquire  certain  parcels  of  land  from,  and  convey  certain 
parcels  of  land  thereto  ...... 

New  England  Telephone  and  Telegraph  Company  of  Massa- 
chusetts, The,  lines,  poles,  etc.,  of,  in  certain  towns, 
locations,  validated      ....... 

New  York,  New  Haven  and  Hartford  Railroad  Company,  com- 
mission to  study  and  investigate  the  service  of,  expenses 
of,  etc.,  appropriations  .  .  .  .... 

continued   transportation    service   for    communities   served 
by,  action  to  assure,  investigation  relative  to       Resolve 

Norton  Power  &  Electric  Company,  lines,  poles,  etc.,  of,  in 
town  of  Norton,  locations,  etc.,  validated 

Norwegian  Society  of  September  19th,  1853,  membership  in, 
relative  to  .  .  .  .    _       .  .  .      _     . 

Old  Colony  Railroad  Company,  continued  transportation 
service  for  communities  served  by,  action  to  assure,  in- 
vestigation relative  to  ....        Resolve 

Protestant  Episcopal  Church  in  the  Diocese  of  Massachusetts, 
Bishop  and  Trustees  of  the,  common  trust  fund  for  the 
investment  of  its  own  funds  and  those  of  certain  other 
corporations,   etc.,  establishment  by      . 

Rebecca  Pomroy  Newton  Home  for  Orphan  Girls,  Corpora- 
tion of  the,  purposes  of,  changed  ..... 

R.  E.  Cox  Coal  Co.,  Inc.,  revived  for  certain  purposes   . 

Sherman  Rest  Home,  The,  revived  for  certain  purposes 

Society  of  St.  Vincent  de  Paul,  Particular  Council  of  Lynn, 
revived        ......... 

Springfield  Branch  of  the  Woman's  Board  of  Missions,  The, 
conveyance  of  its  funds  and  other  property,  and  dissolu- 
tion thereof  ........ 

Standish  Hotel,  Inc.,  payment  by  commonwealth  of  sum  of 
money  to,  in  settlement  of  certain  claim        .        Resolve 

Wrentham  Cemetery  Corporation,  town  of  Wrentham  author- 
ized to  receive  and  administer  the  property  of 

See  also  Dissolution,  corporations,  certain,  of. 
CORPORATIONS  AND  TAXATION,  DEPARTMENT  OF: 
in  general,  appellate  tax  board  in  (see  Appellate  tax  board). 


Chap. 


Item  or 
Section. 


appropriations 


laws,  certain,  levying  new  taxes,  administration  of,  appropria- 
tions ......... 

commissioner : 

abatement  of  taxes  assessed  in  current  year,  form  of  applica- 
tion for,  approval  by    . 

alcoholic  beverages,  excise  tax  on,  bonds  conditioned  upon 
payment  of,  filing  of,  with,  by  certain  licensees,  required 
malt    beverages,    levying    upon    importations   into    com- 
monwealth of,  powers  and  duties  as  to         . 
temporary  additional,  collection,  etc.,  by         .  .  . 

appeals  from  decisions  of  (see  Appellate  tax  board). 

cigarette  tax,  temporary,  collection  of,  powers  and  duties  as 
to 

county  tax,  basis  of  apportionment,  quadrennial  establishment 
of,  duties  as  to    . 

dissolution  of  corporations  by  supreme  judicial  court  upon 
application  of       .......  . 

Green,  Edward  H.  R.,  Estate  of,  compensation  of  attorneys, 
etc.,  in  connection  with  establishment  of  right  to  assess 
inheritance  tax  upon,  committee  to  determine,  to  be 
member  of  ........ 


34 

1,2 

297 

1,2 

134 

1,  2 

495 

36k,  361 

64 

134 

1.2 

77 

378 
324 
323 


53 

1-6 

55 

25 

1-4 

309 

495 

518 
495 
518 

f    324-336: 

Pages  367. 

368 

325,  325a, 

326a,  327, 

329a, 330a, 

333 

Page  792 

325a,  326a 

Page  792 

493 

2 

394 

367 
434 

1,2 
1.2 

454 

1-18 

346 

456 

1,2 

Page  708 


990  Index. 


Item  or 
Chap.  Section. 

CORPORATIONS    AND    TAXATION,    DEPARTMENT    OF — 

Concluded. 
commissioner  —  Concluded. 

Highway  Fund,  portion  of,  payments  to  cities  and  towns  for 
highway  purposes,  certification  to,  of  mileage  of  pub- 
lic ways  in  cities  and  towns  as  basis  for   .  .  .     232 
provision  for,  stricken  out           .           .           .           .  .     504  1,  2 
legacies  and  successions,  taxation  of,  valuation  and  appraisal 
of  property  in  connection  with,  powers  and  duties  as  to, 

as  affecting 494  1,  2 

Massachusetts    Hospital    Life    Insurance    Company,    capital 

stock,  changes  in,  approval  by       .  .  .  .  .     337  1 

Millville  municipal  finance  commission,   to   be  member  and 

chairman  of  .......  .     514  1 

motor  fuel  sales  act,  licenses  issued,  etc.,  under,  notification  of     459  1,  Subs.  295B 
ordinances  of  the  cities  of  the  commonwealth,  special  commis- 
sion to  investigate  relative  to,  to  be  or  to  designate  a  mem- 
ber of  ......  ■        Resolve       69 

real  estate,  assessment  of  taxes  on,  to  person  in  possession  or 

owner  of  any  present  interest,  may  be  a,uthorized  by  .      175 

savings  and  insurance  banks,  taxation  of,  with  respect  to  their 

insurance  departments,  powers  and  duties  as  to       .  .     447  1 

shareholders,  hsts  of,  etc.,  fiUng  by  corporations,  etc.,  with        .     373  3 

state  tax,  apportionment  and  assessment  of,  duties  as  to  .     516  1,  6 

basis  of  apportionment,  quadrennial  establishment  of,  duties 

as  to ;     .      .  .  .346 

trailers,  excise  on,  assessors  to  furnish  certain  information  to, 

in  connection  with        .......       24  3,  4 

divisions  of: 

f  309  331—335 

accounts,  appropriations     .  .  .  .  .  .  .  <  ,„-  331-333 

director,  board  composed  of  attorney  general,  state  treas- 
urer and,  approval  by,  of  incurring  of  debt  by  cities 
and  towns  for  emergency  purposes,  further  regulated     457 
of  renewal  of  certain  temporary  revenue  loans  by 

cities,  towns  and  districts    .  .  .  .  .       68 

storm  damage  loans,  emergency,  cities,  towns  and  dis- 
tricts, making  by,  powers  and  duties  as  to  .  .       63 
Boston,  city  of,  audit  of  accounts  of,  by           .           .  .     339 
Bristol  county,  bills,  certain,  of,  as  shown  in  list  on  file  in 

the  office  of,  payment  authorized         ....        10  1,  2 

budget  and  appropriating  procedure  in  city  of  Boston  and 
county  of  Suffolk,  special  commission  to  investigate  as 
to,  to  be  a  member  of        ...  .        Resolve       46 

county  reserve  funds,  transfers  from,  to  other  accounts, 

approval  by     .  .  .  .  .  .  .  ■     452  1 

county  tax  for  nineteen  hundred  and  forty,  certification 

of  certain  sum  as,  to  county  commissioners  .  .     452  1 

housing  authority  law,  certain  powers  and  duties  under, 
removed  .  .  .  .  .  •  •  •       ^^ 

Millville  municipal  finance  commission,  to  be  a  member  of     514  1 

ordinances  of  the  cities  of  the  commonwealth,  special  com- 
mission to  investigate  relative  to,  to  be  or  to  designate 
a  member  of    .  .  .  .  .  .        Resolve       69 

/  309  329,  330 

mcome  tax,  appropriations |  ^gg        329a,  330a 

CORRECTION,    DEPARTMENT    OF: 

[3Qgf         496-508; 
in  general,  appropriations        .  ......  \  \         Page  368 

[495  507.  507d 

Bridgewater,  water  supply  for  certain  inhabitants  of,  furnish- 
ing by,  from  water  supply  system  of  state  farm       .  .     293 
commissioner,  duties  of,  performance  of,  during  absence  or  dis- 
ability of  said  commissioner,  relative  to            ...       90 
Norfolk  state  hospital  for  criminal  insane,  establishment  of, 

powers  as  to         .  .  .  .  .  .  .  •     485  1 

pardons,  petitions  for,  powers  and  duties  as  to       .  .  .     479 

pardons,  advisory  board  of,  action  of,  concerning  each  pardon 

granted  by  governor,  etc.,  transmission  to  general  court   .     479 
appropriation     .........     309  497 

parole  board,  appropriation    .  .  .  .  .  .  .     309  497 

granting  of  paroles  by,  facts  and  circumstances  surrounding, 

investigation  relative  to        .  .  .  Resolves    12,  37 


Index.  991 

Item  or 
Chap.  Section. 

CORRECTION,    DEPARTMENT    OF  —  Concluded. 
parole  board  —  Concluded. 

pardons,  petitions  for,  powers  and  duties  as  to       .  .  .     479 

perfecting  changes,  certain,  in  general  statutes,  necessitated 

by  creation  of      .  .  .  .  •  ■  •  .451  38-53 

Correction,  houses  of  (see  Penal  and  reformatory  institutions,  coun- 
ties, of). 
Correction  officers,  state  penal  and  reformatory  institutions,  cer- 
tain,   at,    minimum   age    requirement    for    appointment 

of .360  1,  2 

Costs,  actions  by  husband  or  parent  or  guardian  to  recover  certain 
medical  expenses  in  actions  to  recover  for  personal  injuries 
by  married  women  and  minors,  in  .  .  .  .     372  1,2 

workmen's  compensation  cases,  awarding  of,  in  certain       .  .     213  1,  2 

Couches,  consisting  in  whole  or  in  part  of  second  hand  metal,  mark- 
ing of,  requirements  as  to      .  .  .  .  .  .     196  1-3 

See  also  Furniture. 
Council  and  councillors  (see  Governor  and  council). 
Councillor  districts,  division  of  state  into    .....     507  1 

{"^OQ      ^R   1Q   2R   ^1 
495  18   19   31 

General  Laws,  continuous  and  gradual  revision  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     376  1 

special  commission  to  investigate  relative  to  ordinances  of  the 
cities  of  the  commonwealth,  to  be  or  to  designate  members 
of       .......  .       Resolve       69 

special  laws,  indexing  of,  appropriation    .....     309  36 

COUNTIES: 

appropriations  for  maintenance  of,  etc.,  of  certain     .  .  .     452  1 

clerks  of  courts  of  (see  Clerks  of  courts), 
commissioners  (see  County  commissioners). 

contracts  of,  exceeding  five  hundred  dollars  and  under  one  thou- 
sand dollars,  bids,  inviting  of,  required  ....     452  8 

exceeding  one  thousand  dollars,  bids,  advertising  for,  require- 
ments as  to,  applicable  in  certain  cases  where  purchase 
price  of  commodity  involved  consists  in  part  of  an  allow- 
ance for  goods  given  in  exchange  .....     452  7 

public  buildings,  construction,  alteration,  etc.,  of,  for,  fair  com- 
petition for  bidders  on,  required    .....     480 

employees  of  (see,  infra,  officer  and  employees  of), 
federal  grants  or  loans,  certain,  for  public  projects,  extension  of 
provisions  of  certain  enabling  acts  to  provide  for  accept- 
ance and  use  of,  by      .  .  .  .  .  .  .     423  1,  2 

finances  of  (see  County  finance). 

hurricane,  forest  fire  patrol  in  areas  endangered  by  conditions  re- 
sulting from,  provision  for    ......     247  1,  2 

kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  proceedings  in  various    .....     206 

officers  and  employees  of,  in  general,  bonds  of  certain,  accept- 
ance of  annual  bond  required  to  be  filed  subsequent  to 
filing  and  acceptance  of  a  bond  for  the  entire  term  to 
preclude  recovery  under  any  such  bond  previously  filed 
and  accepted    ........ 

approval  as  to  form  by  superior  court    .... 

changes  in  law  relating  to     . 
classification  of,  messenger  of  the  superior  court  in  Suffolk 

county,  office  exempted  from  pro'V'isions  relative  to  .  .     165  1 

contracts,  making  by  (see,  supra,  contracts  of). 

creation  of  new  positions,  temporarily  suspended  .  .     452  6 

meals,  reimbursement  for  expenses  of,  while  traveling  at  ex- 
pense of  county,  regulated    ......     452  3 

salary  increases  for,  effective  date  of,  further  regulated  .     452  6 

temporarily  suspended  ......     452  6 

travel  allowances  for,  using  their  own  cars  on  county  busi- 
ness, limited         ........     452  2 

employees,  extra  or  unusual  duties,  rate  of  compensation  for, 

regulated    .........     452  5 

substitutes  for,  employment,  etc.,  regulated  .  .  .     452  4 

workmen's  compensation  law,  payment  of  salaries  or  wages 
in  certain  cases  where  compensation  for  total  incapacity  is 
payable  under,  to,  prohibited         .....     435 

See  also  specific  titles  of  officers. 


214 

2 

214 

1 

214 

1-7 

992 


Index. 


COUNTIES  —  Concluded. 

penal  and  reformatory  institutions  of  (see  Penal  and  reformatory 

institutions), 
personnel  board,  county,  administrative  expenses  of,  appropria- 
tion  .  .  .  .  .  .  .  . 

employees,  county,  extra  or  unusual  duties,  additional  com- 
pensation for,  approval  by    . 
substitutes  for,  employment  of,  powers  and  duties  as  to 
messenger  of  the  superior  court  in  Suffolk  county,  office  ex- 
empted from  classification  by         ...  . 

probation  officers  of  superior  court,  traveling  expenses  of,  pay- 
ment by,  clarification  of  provisions  relative  to 
public  buildings,  construction,  alteration,  etc.,  by,  fair  competi- 
tion for  bidders  on,  required  .... 

records  of  (see  Public  records). 

representatives  in  general  court,  apportionment  to,  establishment 
of  boards  of  special  commissioners  to  divide  the  several 
counties,  except  Dukes  and  Nantucket,  into  representative 
districts  and  to  assign  representatives  thereto  . 
appropriation  .  . 

retirement  systems,  contributory,  for,  transfers  of  members  of, 
to  other  contributory  systems,  further  regulated 
membership  in,  further  regulated  .  .  .  .  , 

See  also  Retirement  systems  and  pensions. 

special  commissioners,  board  of,  establishment  of,  in  connection 

with  division,  etc.,  of  representative  districts  (see,  supra, 

representatives  in  general  court). 

tax,  county,  basis  of  apportionment,  quadrennial  establishment  of 

granting  for  certain    ........ 

representative  districts,   division   of  counties  into,   etc.,   ex- 
penses, certain,  in  connection  with,  inclusion  in 
treasurers  pf  (see  County  treasurers). 

tuberculosis   hospitals    (see    Tuberculosis    hospitals;     Tubercu- 
losis hospital  districts). 
ways,  defects  in,  insufficient  notices  of  injuries  resulting  from, 
correction  of        .......  . 

See  also  names  of  specific  counties. 
COUNTY   COMMISSIONERS: 

in  general,  biennial  sessions  of  general  court,  etc.,  changes,  cer- 
tain, necessitated  by,  in  general  laws  relative  to  county 
finances,  as  affecting  certain  powers  and  duties  of    . 
district  courts,  traveling  expenses  of  justices  and  officers  of 

certain,  powers  and  duties  relative  to     . 
employees,  county,  extra  or  unusual  duties,  additional  com- 
pensation for,  approval  by    . 
substitutes  for,  employment  of,  approval  by       .  .  . 

fidelity  bonds  given  by  registers  of  deeds,  powers  and  duties 
as  to,  as  affecting  ....... 

hurricane,  forest  fire  patrol  in  areas  endangered  by  conditions 
resulting  from,  financing  of,  powers  and  duties  as  to        . 
kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  powers  and  duties  as  to 
representative    districts,    special     commissioners    to    divide 
counties  into,  etc.,   bonds  of,  expenses  of,  powers  and 
duties  as  to  . 

reserve  funds,  county,  transfers  from,  to  other  accounts  upon 
request  of  .  .  .  .  ... 

tax,  county,  levy  by  certain  ...... 

Barnstable,   forest  fire  fighting  apparatus,  purchase,  etc.,   by, 
for  use  by  towns  within  said  county        .  .  .  . 

Bristol,  bills,  certain,  incurred  during  1938,  payment  of,  approval 

by .  .  .  . 

Lyons,  William  F.,  payment  of  certain  compensation  to,  by    . 
Nerney,  Olive  A.,  payment  of  certain  compensation  to,  by 
Dukes,  West  Tisbury,  town  of,  taking  of  certain  land  in,  by,  for 

preservation  as  an  Indian  memorial        . 
Essex,  Duck  bridge  over  Merrimack  river  in  city  of  Lawrence, 
rebuilding  of  roadway  floor  of,  by  .  .      _    . 

sanatorium,  nurses'  home  and  buildings  at,  construction,  etc., 

by 

Franklin,   advertising  recreational   advantages  of  the  county, 
expenditures  for,  by     . 


Chap. 


452 
452 

165 

155 
480 


467 
518 


449 
158 


346 

452 


467 


Item  or 
Section. 


1-4 
36aa 


1.2 
1,  2 


501 

1,3-5 

296 

1 

452 
452 

5 
4 

214 

3 

247 

1 

452 
452 

1 

1 

349 

1.2 

10 
150 
390 

1,2 
1,2 
1,2 

78 

1.2 

314 

1-4 

448 

1-4 

106 

1.2 

Index.  993 

Item  or 
Chap.  Section. 

COUNTY    COMMISSIONERS  —  Concluded. 

Hampden,  advertising  recreational  advantages  of  the  county, 

expenditures  for,  by     .  .  .  .  .  .  .      107  1,  2 

Hampshire,  advertising  recreational  advantages  of  the  county, 

expenditures  for,  by     .  .  .  .  .  .  .105  1,2 

land,  certain,  in  town  of  Goshen,  to  be  used  by  the  trustees 

for  county  aid  to  agriculture,  purchase  by       ...       51  1,  2 

Middlesex,  election  of,  voters  of  Revere  and  Winthrop  not  to 

participate  in    .-..•..•  ;  •  •  -.  .31  4,5 

Everett,  ways,  etc.,  in,  jurisdiction  of,  in  respect  to,  clarified   .60  1,  2 

jurisdiction  of,  in  Revere  and  Winthrop,  terminated       .  .       31  1,  2,  6,  7 

payment  of  sums  of  money  to  Sadie  J.  Smith  and  Florence  T. 

Fletcher,  act  authorizing,  acceptance  by  .  .  .     215  2 

Norfolk,  tuberculosis  hospital,  fire  sprinkler  system  in  certain 

buildings  at,  expenditure  for,  by    .    _  _  .  .    _      .  .       38  1-3 

Plymouth,  Gurnet  bridge  in  Duxbury,  provision  for  maintenance 

by,  repealed         ........     379  2 

tuberculosis  hospital,  certain  improvements  at,  making  by     .     262  1-3 
Worcester  county,  Wachusett  Mountain  state  reservation,  care 
and  maintenance  of,  certain  powers  granted  to,  in  con- 
nection with 242                     1, 2 

See  also  Counties. 
County  fairs,  holding  of  dog  racing  meetings  during  season  of,  fur- 
ther regulated 505  1, 3 

COUNTY   FINANCE: 

appropriations  for  maintenance  of  certain  counties,  etc.      .  .     452  1 

biennial  sessions  of  general  court,  etc.,  changes,  certain,  necessi- 
tated by,  in  general  laws  relative  to        ...  .     501  1-6 

county  tax  (see  County  tax). 

federal  grants  or  loans,  certain,  for  public  projects,  extension  of 
provisions  of  certain  enabling  acts  to  provide  for  accept- 
ance and  use  of,  by  counties  .....     423  1, 2 

hurricane,  forest  fire  patrol  in  areas  endangered  by,  financing  of, 
by  the  commonwealth,  and  by  the  counties  wherein  such 
areas  are  located  .......     247  1,  2 

officers  and  employees,  county,  allowances,  etc.,  to  (see  Counties, 

officers  and  employees  of), 
probation  officers  of  superior  court,  traveling  expenses  of,  pay- 
ment by  counties,  clarification  of  provisions  relative  to      .      155 
representative  districts,  division  of  the  several  counties,  except 
Dukes  and   Nantucket,  into,  etc.,  expenses,  certain,  in 

connection  with,  inclusion  in  county  tax  .  .  .     467  2 

reserve  funds,  transfers  from,  to  other  accounts,  when  may  be 

made 452  1 

See  also  County  treasurers. 
County  officers  and  employees  (see  Counties). 
County  personnel  board,  administrative  expenses  of,  appropria- 
tion        309  335 

employees,  county,  extra  or  unusual  duties,  additional  compen- 
sation for,  approval  by  .....  .     452  5 

substitutes  for,  employment  of,  powers  and  duties  as  to  .     452  4 

messenger  of  the  superior  court  in  Suffolk  county,  office  exempted 

from  classification  by  .  .  .  .  .  .  .     165  1 

County  retirement  systems  (see  Retirement  systems  and  pensions, 

counties,  of). 
County  salaries,  oflfices,  etc.,  classification  of,  messenger  of  the 

superior  court  in  Suffolk  county,  oflSce  exempted  from      .        " 
County  tax,  basis  of  apportionment,  quadrennial  establishment  of  . 
granting  for  certain  counties  ....... 

representative  districts,  division  of  counties  into,  etc.,  expenses, 
certain,  in  connection  with,  inclusion  in  .  .  . 

COUNTY   TREASURERS: 

bonds,  giving  by  certain  county  officers,  as  affecting 
bonds  of,  required  to  cover  their  duties  with  respect  to  trust  funds 
and  funds  of  retirement  systems    ..... 

contracts,   for  purchase  of  certain  commodities  involving  pur- 
chases of  extra  equipment  therefor,  not  to  be  paid  for,  by, 

unless  certain  provisions  of  law  are  complied  with  .  .     452  7 

requiring  notices  inviting  bids  therefor,   certification  to,   by 
county    official    involved    that   such    notices  have  been 

sent 452  8 

hurricane,  forest  fire  patrol  in  areas  endangered  by  6onditions 

resulting  from,  financing  of,  powers  and  duties  relative  to     247  1 


165 
346 

452 

1 
1 

467 

2 

214 

4-7 

109 

1 

994  Index. 


Item  or 
Chap.  Section. 


COUNTY   TREASURERS  —  Concluded. 

representative  districts,   division  of  counties  into,   and  assign- 
ment of  representatives  thereto,  expenses,  certain,  in 
connection  with,  duties  as  to      .  .  .  .  .     467  2 

return  of,  making  to     .  .  .  .  .  .  .     467  2 

County  vocational  schools,  investigation  relative  to  Resolve       35 

Court  house,  Suffolk  county,  care,  custody  and  control  of  .  .     383  1-3 

maintenance  cost,  reimbursement  of  city  of  Boston  for  certain 

portion  of,  appropriation       ......     495  670a 

Court  oflEicers  and  messengers,  in  general,  supreme  judicial  court,  f  309  43 

in  attendance  upon,  salaries,  appropriations    .  .  .  \  495  43 

messengers,    Suffolk  county,   superior   court,   in,   appointment, 

salary,  etc 165  2,  3 

office  exempted  from  classification  ....     165  1 

supreme  judicial   court,  in,   appointment,   compensation  and 

duties  of,  regulated       . 258  1,  2 

officers,  Boston,  municipal  court  of  city  of,  chief  court  officer  for 

civil  business  in,  designation  of,  by  chief  justice  thereof   .     305 
district  courts,  of,  traveling  expenses  of,  regulated  .  .     296  1,  3 

COURTS: 

in  general,  probation  officers  (see  Probation  officers). 

records  of,  extension  of  papers  on,  and  disposal  of  obsolete  and 

useless  papers,  relative  to      .  .  .  .  .  .      157  1-4 

appellate,  establishment  of,  and  its  jurisdiction,  and  providing 
for  appeals  therefrom  to  supreme  judicial  court,  investi- 
gation relative  to  ....  .        Resolve       17 

Boston  municipal  (see  District  courts), 
clerks  of  (see  Clerks  of  courts;   District  courts), 
district  courts  (see  District  courts), 
juvenile  (see  Juvenile  court  system), 
land  court  (see  Land  court), 
probate  courts  (see  Probate  courts). 

superior  court  (see  Supreme  judicial  and  superior  courts), 
supreme  judicial  court  (see  Supreme  judicial  and  superior  courts), 
trial  justices  (see  Trial  justices). 
See  also  Judicial  council. 
Cox,  R.  E.,  Coal  Co.,  Inc.,  revived  for  certain  purposes  .  .     324 

Cradles,  bassinets,  etc.,  consisting  in  whole  or  in  part  of  second 

hand  metal,  marking  of,  requirements  as  to    .  .  .     196  1-3 

Craigville  beach  park,  so  called,  town  of  Barnstable  authorized  to 

use,  as  a  town  bathing  beach,  etc.  ....     358 

Creditors,  assignments  for  benefit  of,  common  law,  regulation  of, 

investigation  relative  to         ...  .        Resolve       20 

trusts  for  benefit  of,  making  subject  to  jurisdiction  of  probate 

courts,  investigation  relative  to      .  .  .        Resolve       20 

Credit  Unions,   Central  Credit  Union  Fund,   Inc.,  authorized  to 
become  a  member,  and  to  invest  in  shares,  of  certain 
credit  unions        .  .  .  .  .  .  .  .112  1,2 

investments  by,  in  real  estate  mortgages,  requirements  for,  law 

modifying,  extended     .......       98 

loans   insured    by   federal   housing   administrator,    term   of   act 

authorizing  making  by,  extended  .....     241 

Crimes,  sex  (see  Sex  crimes,  so  called). 

Criminal  insane,  Norfolk  state  hospital  for,  establishment  of, 
relative  to  ........ 

CRIMINAL   PROCEDURE   AND   PRACTICE: 

capital  cases,  appeals  in  ....... 

district  courts,  other  than  municipal  court  of  city  of  Boston, 

times  for  holding  criminal  trials  in,  relative  to 
illegal  voting,  attempts  to  so  vote,  etc.,  suspension  of  execution 

of  sentence  of  persons  convicted  of,  prohibited 
motor  vehicle  accident  cases,  certain,  failure  of  certain  non-resi- 
dent operators  to  have  had  insurance  policies,  etc.,  upon 
person  or  in  vehicle  to  be  prima  facie  evidence  that  such 
required  insurance  was  not  being  maintained 
new  trials,  certain  criminal  cases,  in,  granting  of,  relative  to 
trial  of  crimes  by  district  court  justices  sitting  in  superior  court, 
law  providing  for,  duration  extended      .... 

Cripples,  benefits  to,  providing  of,  study  and  investigation  relative 
to       .......  .       Resolve 

appropriation  ........ 

congenital  deformities  and  other  crippling  conditions  in  infants, 
reporting  of  .......  . 


485 

1,2 

341 

347 

1-3 

299 

3,5 

325 

271 

1.2 

398 

65 
518 

36p 

326 

1.2 

Index.  995 


Item  or 
Chap.  Section. 


253 

309 

482 

387 

2 

357 

1-4 

Currency  (see  Bullion,  currency,  etc.). 

Gushing,  J.  S.,  Company,  claim,  certain,  of,  payment  of,  appropria- 
tion  .......... 

Custer,  Anthony  F.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  on  account  of  the  death  of  his  son 
killed  on  militia  duty  .....        Resolve 


D. 

Dairy  farms,  registered,  sale,  exchange,  etc.,  of  milk  produced  on, 

and  not  conforming  to  the  state  standard,  regulated  .     212 

Dairying  and  animal  husbandry,  division  of  (see  Agriculture, 

department  of). 
Damages,  personal  injuries,  for  (see  Personal  injuries). 
Dana  Hall  Schools,  use  bj%  of  name  of  Pine  Manor  Junior  College, 

as  applying  to  a  certain  division,  authorized,  etc.      .  .     249  1,  2 

Dana,  town  of  (see  Cities  and  towns). 
Dancing  schools,  so  called,  licensing  and  police  supervision  of,  in 

Boston  and  certain  other  cities  and  towns 
Danvers,  state  hospital,  appropriations  ..... 

water  supply  for         .......  . 

town  of  (see  Cities  and  towns). 
Davenports,  consisting  in  whole  or  in  part  of  second  hand  metal, 

marking  of,  requirements  as  to       .  .  .  .  .      196  1-3 

See  also  Furniture. 

Davis,  Edgar  B.,  judgment,  certain,  recovered  against,  fees  for  legal 

services  in  connection  with,  payment  of  certain  sum  to 

estate  of  William  Flaherty  as         .  .  .        Resolve       67 

premium  of  certain  bond  filed  in  state  of  Texas  to  permit  suit 

in  that  state  to  recover  judgment  against,  in  relation  to 

certain  unpaid  income  tax,  appropriation         .  .  .     309    328;  Page  368 

Dead  human  bodies,  autopsies  of  certain,  making  by  medical  exam- 
iners upon  written  order  of  district  attorneys,  authorized     475 
Deaf  and  blind  pupils,  education  of,  appropriation       .  .     309  352 

Death  benefits  (see  Fraternal  benefit  societies). 

Death,  gifts,  etc.,  in  contemplation  of,  taxation  of,  relative  to  .  .     380 

Deaths,  motor  vehicles,  caused  by,  security  for  satisfaction  of  judg- 
ment (see  Motor  vehicles,  liability  for  bodily  injuries,  etc., 
caused  by,  security  for), 
workmen,  of,  compensation  for  (see  Workmen's  compensation). 
Debts,  commonwealth,  of  (see  State  finance). 

decedents,  of,  payment  by  administrators  de  bonis  non,  limita- 
tion period  further  regulated  .....     298 

Deceased  persons,  estates  of  (see  Estates  of  deceased  persons). 
Decennial  census  (see  Census,  decennial). 

Dedham,  and  Hyde  Park  Gas  and  Electric  Light  Company,  certain 
property  of,  acquisition  by  city  of  Boston  and  lease 
thereof  to  Boston  Consolidated  Gas  Company,  extension 

of  time  for 208  1,  2 

town  of  (see  Cities  and  towns). 

Water  Company,   Westwood,   town  of,   taking  by,   of  certain 

properties  of,  alternative  method  for       .           .           .           .     291  1-3 
Deeds,  nature  of  gifts,  in,  made  not  more  than  one  year  prior  to 
death  of  grantor,  deemed  prima  facie  in  contemplation 
of  death  for  purposes  of  taxation  .....     380 
registers  and  registries  of  (see  Registers  and  registries  of  deeds). 
See  also  Real  property. 
Deer,  damages  caused  by,  payment  by  commonwealth  of,  appropria- 
tion  309                     297 

Deer  island,  north  metropolitan  relief  sewer,  extension  from  East 

Boston  to,  construction,  etc.  .....     512  3 

Defective  delinquents,  departments  for,  sex  crimes,  so  called, 
persons  charged  with  or  convicted  of,  furnishing  to  local 
police  authorities  and  district  attorneys  of  information 
relative  to  release  or  discharge  of,  from  .  .  .  .116 

Defects,  ways,  in  (see  Ways). 

Defense  Act  of  1917  (see  Commonwealth  Defense  Act  of  1917). 

Deficiency  appropriations /  ^J^9  367,  368 

( 495  716 

Definitions  (see  Words  and  phrases). 


Index. 


Deformities,  congenital,  and  other  crippling  conditions  in  infants, 
reporting  of  .......  . 

DEGREES: 

Cape  Cod  Institute  of  Music,  bachelor  of  music,  granting  by 
junior  colleges,  granting  of  certain,  by,  regulated 
Delinquents,  defective,  departments  for  (see  Defective  delin- 
quents, departments  for). 
Delirium  tremens,  temporary  care,  treatment  and  detention  of  per- 
sons suffering  from,  further  regulated      .... 

Dental  examiners,  board  of  (see  Civil  service  and  registration,  de- 
partment of). 
Dentistry,  aliens,  practice  by,  further  regulated     f. 
DEPARTMENTS,    STATE: 

See   Commonwealth,   departments,   boards,   commissions,   etc., 
of;  also  specific  titles  as  follows:  — 
Agriculture,  Department  of. 
Attorney  General. 
Auditor,  State. 

Banking  and  Insurance,  Department  of. 
Civil  Service  and  Registration,  Department  of. 
Conservation,  Department  of. 
Corporations  and  Taxation,  Department  of. 
Correction,  Department  of. 
Education,  Department  of. 
Industrial  Accidents,  Department  of. 
Labor  and  Industries,  Department  of. 
Mental  Health,  Department  of. 
Metropolitan  District  Commission. 
Public  Health,  Department  of. 
Public  Safety,  Department  of. 
Public  Utilities,  Department  of. 
Public  Welfare,  Department  of. 
Public  Works,  Department  of. 
Secretary,  State. 
Treasurer,  State. 
"  Dependent  child",  term  further  defined  under  law  providing  aid 
to  dependent  cliildren  ...... 

Dependent  children,  mothers  with,  aid  to  (see  Mothers  with  de- 
pendent children,  aid  to). 
See  also  Minors;   Parent  and  child. 
Deposits  (see  Banks  and  banking;   Unclaimed  deposits). 
Descent  and  devise,  homestead  estates,  amount  of  exemption  from 
laws  of,  allowed  to  owners  of,  increased  .... 

Development  and  industrial  commission,  Massachusetts,  ap- 
propriations       ........ 

Dighton,  town  of  (see  Cities  and  towns). 

Disabled  American  Veterans  of  the  World  War,  national  con- 
vention of,  in  1939,  representation  of  commonwealth  at, 
appropriation       ........ 

Disabled  persons,  benefits  to,  providing  of,  study  and  investigation 

relative  to Resolve 

appropriation  ........ 

Discontinuance  of  business  sales,  so  called,  further  regulated 
Diseases,  bacteriological  laboratories  for  study  in  connection  with 
certain,  certificates  of  approval  of,  issuance  by  state  de- 
partment of  public  health     ...... 

communicable,  division  of  (see  PubHc  health,  department  of), 
dangerous  to  public  health,  expenses  in  connection  with,  appro- 
priations    ......... 

occupational  (see  Labor  and  industries,  department  of,  occupa- 
tional hygiene,  division  of), 
silicosis  and  other  occupational  pulmonary,  employees  in  granite 
industry  contracting,  extension  to,  of  benefits  under  work- 
men's compensation  law        ...... 

syphilis,  serological  test  of  pregnant  women  for,  required   . 
Dissolution,  corporations  of,  certain     ...... 

superior  court  to  have  original  jurisdiction  concurrently  with 

supreme  judicial  court  of  all  matters  relating  to      _ . 
supreme  judicial  court,  by,  upon  application  by  commissioner 
of  corporations  and  taxation  ..... 

DISTRICT   ATTORNEYS : 

appropriations       ..,,,,,,. 


Chap. 

Item  or 
Section. 

326 

1.2 

277 
424 

2,3 

500 

7.9 

415 

2-4 

487 


32 

1-5 

309 

467,  468 

495 

467.  468 

65 
518 

207 


309 
518 


518 
Page  792 


465 
407 
179 
399 

1-4 

1-5 
1-5 

257 

1.2 

456 

1.2 

309 

78-86 

Index.  997 


197 

1 

296 

1,3 

214 

5 

345 

230 

1.2 

296 

1.3 

Item  or 
Chap.  Section. 

DISTRICT   ATTORNEYS  —  Concluded. 

autopsies  of  certain  dead  human  bodies,  making  by  medical  ex- 
aminers upon  written  order  of        ....  .     475 

pardons,  petitions  for,  powers  and  duties  as  to  .  .  .  .     479 

rivers  and  streams,  unlicensed  erection,  etc.,  of  structures,  etc., 

in  certain,  enjoining,  etc.,  of,  duties  as  to         .  .  .     513  6 

sex  crimes,  so  called,  release  or  discharge  of  persons  charged  with 

or  convicted  of,  furnishing  to,  of  information  relative  to    .     116 
DISTRICT    COURTS: 

in  general,  administrative  committee  of,  appropriation   .  .     309  58 

hours  when  district  courts,  other  than  municipal  court  of 
city  of  Boston,  shall  open  for  business,  establishment  of, 
powers  and  duties  as  to  .  .  .  .  .  .     230  1,  2 

times  when  district  courts,  other  than  municipal  court  of  city 
of  Boston,  shall  hold  civil  and  criminal  trials,  establish- 
ment by,  etc.       .  .  ...  .  .  .  .     347  1,  3 

appeals  to,  under  unemployment  compensation  law        .  .  |  .qq  '    ^  ^'  jg 

appellate   divisions   of,   compensation   of   justices  of    district 

courts  while  acting  in  certain,  establishment   .  .  .     382 

attorneys  at  law,  hospital  employees,  etc.,  furnishing  of  certain 
information  to,  complaints  alleging  violation  of  law  pro- 
hibiting, jurisdiction  relative  to     .  .  .  .  .     197  2 

runners,  so  called,  of,  complaints  alleging  violation  of  laws 
relating  to,  jurisdiction  relative  to  .... 

clerks,  assistant  clerks,  traveling  expenses  of,  regulated  . 
bond,  giving  by,  changes  in  requirements  as  to    . 
civil  actions,  in,  fees  of,  establishment  of  certain 
oflBce  hours  of,  establishment,  relative  to    . 
court  officers,  traveling  expenses  of,  regulated  .  .  . 

hours  when  district  courts,  other  than  municipal  court  for  city 

of  Boston,  shall  open  for  business,  relative  to  .  .  .     230  1,  2 

justices,  compensation  of,  while  acting  in  certain  appellate 

divisions  thereof,   establishment   .....     382 

hours  when  district  courts,  other  than  municipal  court  of  city 

of  Boston,  shall  open  for  business,  establishment  by,  etc.     230  1,  2 

inquest  in  any  case  of  death  in  which  a  motor  vehicle  of  a 
common  carrier  of  passengers  for  hire  by  motor  vehicle 
is  involved,  giving  of  notice  by,  to  department  of  public 
utilities       .........       30  1,  2 

insane,  etc.,  persons,  commitment  for  observation,  by,  fur- 
ther regulated      ........     500  5 

special,  services  of  certain,  reimbursement  of  counties,  ap- 
propriation 
superior  court,   sitting  in,   compensation  and  expenses  of, 
appropriations  ....... 

trial,  etc.,  of  certain  criminal  cases  by,  law  providing  for, 

duration  extended     .......     398 

times  when  district  courts,  other  than  municipal  court  of 
city  of  Boston,  shall  hold  civil  and  criminal  trials,  estab- 
lishment by,  etc.  ....... 

traveling  expenses  of,  regulated  ..... 

probation  officers,  traveling  expenses  of,  regulated  . 

records  of,  extension  of  papers  on,  and  disposal  of  obsolete  and 

useless  papers,  relative  to     . 
times  when  district  courts,  other  than  municipal  court  of  city 
of  Boston,  shall  hold  civil  and  criminal  trials,  relative  to    . 
traveling  expenses  of  justices  and  officers  of  certain,  regulated  . 
special  provisions  for  particular  courts : 

Boston,  municipal  court  of  city  of,  chief  court  officer  for  civil 

business  in,  designation  of,  by  chief  justice  thereof   .  .     305 

clerks  of,  office  hours  of,  establishment  by  justices  of  said 

court 230 

hours  when  court  shall  open  for  business,  establishment  by 
justices  of  said  court    .......     230 

times  when  court  shall  hold  civil  and  criminal  trials,  estab- 
lishment by  justices  of  said  court  .....     347 

DISTRICTS: 

in  general,  borrowing  of  money  by,  emergency  loans  to  repair 

certain  damage  caused  by  hurricane  of  September,  1938   .       63 
federal  emergency  unemployment  relief  projects,  on  account  /    72 

of \453 

revenue  loans,  temporary,  renewal  of  certain       .  .  .68 


309 
309 
495 

55 
53.54 
53,54 

398 

347 
296 
296 

1.3 
1.3 
1-3 

157 

1-4 

347 
296 

1-3 
1-3 

998  Index. 


Itemfor 
Chap.  Section. 


410 
362 

1-7 
1.2 

101 

1,  2 

361 

1,  2 

361 
192 
35 

1.2 
1.2 

71 

17 

336 

290 

1-4 
1-14 
1-14 
1-14 

DISTRICTS  —  Concluded. 
in  general  —  Concluded. 

federal  grants  or  loans,  certain,  for  public  projects,  extension  of 
provisions  of  certain  enabling  acts  to  provide  for  accept- 
ance and  use  of,  by       .  .  .  .  .  .  .     423  1,  2 

public  buildings,  construction,  alteration,  etc.,  by,  fair  compe- 
tition for  bidders  on,  required  .....     480 

workmen's  compensation  law,  payment  of  wages  or  salaries 
in  certain  cases  where  compensation  for  total  incapacity 
is  payable  under,  to  employees  of,  prohibited    .  .  .     435 

fire,  CentervilIe-Oster\dlle  Fire  District,  certain  action  of,  and  of 

the  officers  thereof,  validated  .  .  .  .  .62  1,2 

fire  and  water.  South  Dighton  Fire  and  Water  District,  terri- 
tory of,  further  extended,  and  powers  and  duties  of  said 
district  further  defined  ...... 

Swansea  fire  and  water  district,  revived  for  certain  purposes   . 
metropolitan  (see  Metropolitan  districts). 

reclamation,  Salisbury  Reclamation  District,  refunding  of  cer- 
tain indebtedness  by    . 
sewerage,  laborers  employed  by,  retirement  of,  and  regulating 
the  manner  of  computing,  for  retirement  purposes,  the 
time  of  service  thereof  ...... 

tuberculosis  hospital  (see  Tuberculosis  hospital  districts). 
water,  in  general,  laborers  employed  by,  time  of  service  of,  man- 
ner of  computing,  for  retirement  purposes,  regulated 
Bourne  Water  District,  additional  water  loan 

description  of  the  territory  of,  changed        .... 

Cherry  Valley  and  Rochdale  Water  District,  boundaries  of, 
changed,  and  certain  other  changes  made  in  the  laws  rela- 
tive thereto  ........ 

Lunenburg  Water  District  of  Lunenburg,  establishment,  etc.  . 
Lynnfield  Center  Water  District,  establishment,  etc. 
North  Sagamore  Water  District,  establishment,  etc. 
Shirley  Village  Water  District,  extensions  of  boundaries  of, 

providing  for        .  .  .  .  .  .  .  .     265  1,  2 

West  Boylston  Water  District  of  West  Boylston,  time  for  ac- 
ceptance of  act  establishing,  extended      ....       55 

See  also  Boston  metropolitan  district. 
District  vocational  schools,  investigation  relative  to  Resolve       35 

Dividends,   banks,  closed,  liquidation  of  certain,  payment  in,  bor- 
rowing of  funds  for,  by  commissioner  of  banks,  extension 
of  time  for  .  .  .  .  .  .  .  -292 

domestic  corporations,  paid  by,  taxation  of,  as  income       .  .     373  1.  3,  4 

foreign  corporations,  paid  by,  credit  for  certain,  not  to  be  allowed 

temporarily  ........     373  2 

taxation  of,  as  income  .......     373  1.  3,  4 

DIVISIONS,    STATE   DEPARTMENTS,    OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 
Departments,  state;   and  specific  titles  as  follows:  — 
Accounts  (see  Corporations  and  Taxation,  Department  of). 
Adult  Hygiene  (see  Public  Health,  Department  of). 
Aid  and  Relief  (see  Public  Welfare,  Department  of). 
Banks  and  Loan  Agencies  (see  Banking  and  Insurance,  De- 
partment of). 
Biologic  Laboratories  (see  Public  Health,  Department  of). 
Blind  (see  Education,  Department  of). 
Child  Guardianship  (see  Public  Welfare,  Department  of). 
Child  Hygiene  (see  Public  Health,  Department  of). 
Civil  Service  (see  Civil  Service  and  Registration,  Department 

of). 
Commercial  Motor  Vehicle  (see  Public  Utilities,  Department 

of). 
Communicable  Diseases  (see  Public  Health,  Department  of). 
Dairying  and  Animal  Husbandry  (see  Agriculture,  Department 

of). 
Fire  Prevention  (see  Public  Safety,  Department  of). 
Fisheries  and  Game  (see  Conservation,  Department  of). 
Food  and  Drugs  (see  Public  Health,  Department  of). 
Forestry  (see  Conservation,  Department  of). 
Immigration  and  Americanization  (see  Education,  Department 

of). 
Income  Tax  (see  Corporations  and  Taxation,  Department  of) 
Inspection  (see  Public  Safety,  Department  of). 


Index.  999 


Item  or 
Chap.  Section. 

DIVISIONS,    STATE    DEPARTMENTS,    OF  —  Concluded. 
See  specific  titles  —  Concluded. 

Insurance  (see  Banking  and  Insurance,  Department  of). 
Juvenile  Training  (see  Public  Welfare,  Department  of). 
Libraries,  Public  (see  Education,  Department  of). 
Liquidations  (see  Banking  and  Insurance,  Department  of). 
Livestock  Disease  Control  (see  Agriculture,  Department  of). 
Marine  Fisheries  (see  Conservation,  Department  of). 
Markets  (see  Agriculture,  Department  of). 
Necessaries  of  Life  (see  Labor  and  Industries,  Department  of). 
Occupational  Hygiene  (see  Labor  and  Industries,  Department 

of). 
Parks  (see  Conservation,  Department  of). 
Parks  and  Recreation  (see  Conservation,  Department  of). 
Plant  Pest  Control  (see  Agriculture,  Department  of). 
Plant  Pest  Control  and  Fairs  (see  Agriculture,  Department  of). 
Public  Employment  Offices  (see  Labor  and  Industries,  Depart- 
ment of). 
Reclamation,  Soil  Survey  and  Fairs  (see  Agriculture,  Depart- 
ment of). 
Registration  (see  Civil  Service  and  Registration,  Department 

of). 
Sanitary  Engineering  (see  Public  Health,  Department  of). 
Savings  Bank  Life  Insurance  (see  Banking  and  Insurance,  De- 
partment of). 
Securities  (see  Public  Utilities.  Department  of). 
Smoke  Inspection  (see  Public  Utilities,  Department  of). 
Standards  (see  Labor  and  Industries,  Department  of). 
State  Police  (see  Public  Safety,  Department  of). 
Telephone  and  Telegraph  (see  Public  Utilities,  Department  of). 
Tuberculosis  (see  Public  Health,  Department  of). 
Unemployment  Compensation  (see  Labor  and  Industries,  De- 
partment of). 
Water  and  Sewage  Laboratories  (see  Public  Health,  Depart- 
ment of). 
Wildlife  Research  and  Management  (see  Conservation,  De- 
partment of). 
Doctors  (see  Physicians). 
Dog  officers,  abatement  of  certain  conditions  connected  with  kennels 

constituting  a  public  nuisance,   powers  and  duties  as  to     206 
Dog  racing  meetings  (see  Horse  and  dog  racing  meetings,  etc.). 
Dogs,  blind  persons,  specially  trained  to  lead  and  serve,  licensing 

■without  fee  .  ...  .  .  .  .23 

kennels  for,  abatement  of  certain  conditions  constituting  a  public 

nuisance  at,  proceedings  for  .....     206 

See  also  Rabies. 
Domestic  corporations  (see  Corporations). 
Domestic  service,  employment  of  children  in,  school  attendance  law, 

as  affecting  ........     461  3 

Doorkeepers  (see  General  court). 

Dorchester  district  of  city  of  Boston,  Catholic  cemetery  in  (see 

Boston  Catholic  Cemetery  association). 
Dorchester  Heights  monument,  conveyance  by  the  city  of  Boston 
to  the  United  States  for  preservation  and  maintenance  as  a 
national  historic  monument  .....      148 

Dorety  pond  (Round  pond),  Worcester  county,  in,  water  rights 
in,  etc.,  present  status  and  use  of,  determination 
of  .......        Resolve       40 

appropriation 495  36h 

Dover,  town  of  (see  Cities  and  towns). 

Draw  tenders,  municipal,  pensions  of,  relative  to   .  .  .     243 

Drills,  firearms,  with,  Yankee  Division  Veterans'  Association,  by        .      144  1 

Drinks  (see  Alcoholic  beverages). 

Driving  instruction,  automobiles  used  by  persons  giving,  for  com- 
pensation, required  to  be  equipped  with  dual  clutch  and 
brake  controls      .  .  .  .  .  .  .  .153 

Drug  business,  retail,  granting  of  permits  to  transact,  by  board  of 

registration  in  pharmacy       ......      138 

Drugs,  Food  and,  division  of  (.see  Public  health,  department  of). 

inspection  in  department  of  public  health,  appropriations  .  .  /  ^^^  ff^'  f f^ 


Drunken  driving,  so  called,  restoration  of  licenses  to  operate  motor 

vehicles  after  conviction  for,  further  regulated  .  .       82 


I  495  556.  557 


1000 


Index. 


Item  or 
Chap.  Section. 

Dual  clutch  and  brake  controls,  required  on  automobiles  used  by 

persons  giving  driving  instruction  for  compensation  .     153 

Duck  bridge,  Merrimack  river,  over,  in  city  of  Lawrence,  rebuilding 

of  roadway  fioor  of ,  by  Essex  county       ....     314  1-4 

DUKES   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .      _    .     452  1 

Menemsha  basin  in  town  of  Chilmark,  bulkhead  along  portion 

of  shore  of,  construction  of,  contribution  to  cost  of,  by       .     437  1 

representatives  in  general  court,  number  apportioned  to     .  .     467  1-4 

tax  levy 452  1 

West  Tisbury,  town  of,  taking  of  certain  land  in,  by,  for  preser- 
vation as  an  Indian  memorial         .  .  .  .  .78  1,  2 

Dukes  County  Academy,  Trustees  of,  transfer  of  real  estate  and 

moneys  held  by,  to  town  of  West  Tisbury  .  .  .     154  1,2 

Dummer  Academy,  Trustees  of,  authority  of,  to  borrow  money, 

further  increased  .  .  .  .  .  .  .119 

Dunn  Park,  Gardner,  city  of,  in,  leasing  by  said  city  for  log  storage 

purposes     .  .  .  .  .  .  .  .  .     118  1,  2 

Dust  diseases,  occupational  pulmonary,  employees  in  granite  in- 
dustry contracting,  benefits  under  workmen's  compensa- 
tion law,  extension  to  .  .  .  .  .  .  .     465  1-4 

Dutch  elm  disease,  so  called,  control  of 136 

work  in  connection  with,  appropriation   .....     309  409 

Duxbury,  town  of  (see  Cities  and  towns). 
Dynamite  (see  Explosives  and  inflammable  fluids  and  compounds). 


E. 

Easements,  forest  fire  hazards  resulting  from  hurricane,  reduction 

of,  taking  of  rights  of  way,  etc.,  in  connection  with    .  .     180 

East  Boston,  airport  in,  bulkheads,  etc.,  construction,  etc.,  at  or  near     476 

height  of  buildings,  etc.,  within  certain  distance  of,  regulated    .     412 

harbor  line  on  southerly  and  easterly  sides  of,  relocated        .  .411 

hulks  or  wrecks  lying  along  waterfront  of,  removal  of         .  .     476 

appropriation  .  .  .  .  .  .  .  .     518 

north  metropolitan  relief  sewer,  extension  to  Deer  island  from, 

construction,  etc.  .......     512 

pier  one  at,  appropriation       .......     309 

sewers  in,  etc.,  construction  by  metropolitan  district  commission, 

increased  expenditure  for      .  .  .  .  .  .     285 

transportation  facilities  in  town  of  Winthrop  and,  improvement, 

authorized  ........     510 

tunnel,  vehicular  (see  Sumner  Tunnel). 
East  Longmeadow,  town  of  (see  Cities  and  towns). 
Eating  establishments  (see  Innholders  and  common  victuallers). 

[309 
Education,  adult,  English  speaking  classes,  appropriations      .         .  { 

[495 
deaf  and  blind  pupils,  of,  appropriation   .....     309 

public  educational  aid,  extension  of,  to  certain  deserving  minors, 

investigation  relative  to         .  .  .  .        Resolve       38 

youth  of  commonwealth,  of,  problems  affecting,  etc.,  study  rela- 
tive to     .  .  .  .  .  .  .        Resolve       38 

appropriation       ........     495 

See  also  Colleges  and  universities;    Schools;    Vocational  educa- 
tion and  training). 
Educational  opportunities,  higher,  providing  of,  for  children  of  ( 309 
certain  war  veterans,  appropriations       .  .  .  .  \  495 

investigation  relative  to  .  .  .  .  .        Resolve       38 

EDUCATION.    DEPARTMENT    OF: 

'309 


in  general,  appropriations 


educational  and  employment  problems  affecting  youth  of  com- 

monwealth,  study  relative  to,  by         .  .        Resolve 

appropriation       ........ 

trade  schools,  regulation  of,  powers  and  duties  as  to 


2 
1-8 
1.2 

633b 


356-358; 

Page  368 
356 
352 


355 
355 


339-409; 
Page  368 
355,  356, 
362-364, 

381, 
383-390, 
392-395, 
397-399, 

404 


36d 
2 


Index. 


1001 


EDUCATION,    DEPARTMENT   OF  —  Concluded. 
in  general  —  Concluded. 

vocational  schools,  county  and  district,  investigation  relative 
to,  by  .  .  .  .  ■  .  .        Resolve 

young  age  assistance,  bureau  of,  establishment  in,  study  rela- 
tive to     .  .  .  .  .  .  .        Resolve 

appropriation      ........ 

commissioner,  Framingham  state  teachers  college,  reconstruc- 
tion, etc.,  of  certain  buildings  at,  completion  of,  powers 
and  duties  as  to  ....... 

Framingham,  town  of,  granting  to,  by,  of  an  easement  in  cer- 
tain state  land  for  the  construction,  etc.,  of  a  main  sewer 
therein        .......        Resolve 

Gosnold,  reimbursement  of,  for  salary  of  certain  school  teacher 
employed  by  said  town,  approval  by       ...  . 

junior  colleges,  petitions  for  incorporation  of,  or  for  authority 

to  use  the  designation  thereof,  powers  and  duties  as  to 
school  returns  transmitted  annually  to,  contents  of,  changes  in 

school  attendance  law,  as  affecting         .  .  . 

veterinary  medicine,  schools  of,  approving  authority  in  con- 
nection with,  to  be  a  member  of     . 
divisions  of : 

blind,  appropriations  .  . 

"seeing  eye"  dogs,  exemption  from  license  fees,  powers  as  to 
immigration  and  Americanization,  appropriations  . 

advisory  board  of  immigration  and  Americanization  in,  name 

changed      .  .  .  •.•..-.• 

board  of  immigration  and  Americanization  in,  name  estab- 
Ushed,  appointment,  meetings,  etc.  .  .  .  . 

director,  office  abolished  ....... 

powers  and  duties  of,  further  regulated        .... 

services  rendered  or  material  furnished  by,  charges  for,  au- 
thorized     .  ... 

libraries,  public,  appropriations  ...... 

teachers'  retirement  board,  appropriations  .... 

See  also  Retirement  systems  and  pensions. 
Ejectment  proceedings,  local  boards  of  public  welfare  prohibited 
from  making,  a  prerequisite  to  payment  by  them  of  rent 
owed  for  dwellings  by  certain  persons  on  welfare  relief 
ELECTIONS: 

absent  voting  at  regular  city  elections,  acceptance  by  city  coun- 
cils of  law  permitting,  required  to  be  made  at  least  ninety 
days  before  the  first  elections  to  which  such  provisions  will 

apply  . .. 

Adams,  town  meeting  members  at  large,  nomination  of  candi- 
dates for  re-election  as,  further  regulated 
appropriations    _  . 

auditors,  towns,  in,  terms  of  three  years,  for,  authorized 
ballot  boxes,  tampering  with,  etc.,  penalty 
ballot  law  commission,  appropriations 
ballots,  preparing,  printing  and  distribution  of,  appropriation 
printing  of,  by  city  and  town  clerks  where  decisions  on  objec- 
tions to  nominations  are  not  rendered  within  a  definite 
time  .......... 

bonds,  notes,  etc.,  orders  authorizing  the  issue  of,  for  certain  pur- 
poses, question  of  approving  or  disapproving,  submission 
to  voters  of  certain  cities      ...... 

Boston,  school  committee,  election  to,  eligibility  for,  of  a  person 
chosen  to  fill  a  vacancy  in  said  school  committee,  relative 

to 

Cambridge,  election  commissioners,  board  of,  appointment  of 
members  of,  further  regulated        ..... 

wards,  new,  use  for  prehminary  and  other  municipal  elections 
in,  required  ........ 

candidates  for  office,  independent,  number  of  signatures  required 
on  nomination  papers  of        .....  . 

minority  parties,  so  called,  nomination  by     . 

as  affected  by  act  relative  to  number  of  signatures  required 
on  nomination  papers  of  independent  candidates  for 
office       . 
caucuses,  voting  illegally  at,  penalty  for,  or  attempting  to  so  vote 
or  for  aiding  or  abetting  such  voting,  etc.,  further  regu- 
lated   


Chap. 


35 


38 
495 


492 


166 


108 


Item  or 
Section. 


36d 


5 

445 

424 

1.2 

461 

2 

251 

1 

309 

23 

309 

495 

367-374 

363,  364 
363,  364 

409 

1 

409 
409 
409 

3 

2 

2-4 

409 
309 
309 

4 
365,  366 
375-379 

152 

33 

2,3 

202 

1.2 

309 

206-210 

129 

451 

13 

309 

166, 167 

309 

206 

1,2 


142 

43 

432 

1.2 
1.2 

29 

1.2 

191 
371 

191 

299 

1-6 

1002 


Index. 


Chap. 


Item  or 
Section. 


166 


191 


152 


183 


21 


■ELECTIONS— Continued. 

city  committees  (see,  infra,  political  committees), 
city  elections,  nomination  for  city  offices,  objections  to,  decisions 
on,  required  to  be  rendered  within  definite  time,  etc. 
nomination  papers  of  candidates  for  city  office,  number  of  sig- 
natures required  on      .  .  .  .  •  • 

regular,  absent  voting  at,  acceptance  by  city  councils  of  law 
permitting,  required  to  be  made  at  least  ninety  days  be- 
fore the  first  elections  to  which  such  provisions  will  apply  . 
city  primaries  (see,  infra,  primaries), 
civil  service  laws,  placing  of  certain  offices  under,  provision  for 

submission  of  question  of,  to  voters  in  cities  and  towns 
Clarksburg,  question  of  granting  licenses  for  retail  sale  of  alco- 
holic beverages  in,  voting  on,  by  said  town  at  its  current 
annual  meeting    .  .  .  ■  •  • 

committees,  political  (see,  infra,  political  committees), 
contributions,  political,  address  of  donor  to  be  made  known  and 

recorded      .  .  .  ■  _         • 

councillor  districts,  division  of  state  into  ..... 

decennial  census,  certain  powers  and  duties  of  assessors  as  to, 

transferred  to  registrars  of  voters  .  .  .        _  . 

illegal  voting,  penalty  for,  or  attempts  to  so  vote  or  for  aiding  or 

abettingsuch  voting,  etc.,  further  regulated      . 
independent  candidates  for  office,  number  of  signatures  required 
on  nomination  papers  of        .....  . 

initiative  and  referendum  (see  Initiative  and  referendum), 
inns,  lodging  houses  and  public  lodging  houses,  information  rela- 
tive to  persons  residing  at,  securing  of  certain,  in  connec- 
tion with  registration  thereof  as  voters    .... 

lists  of  inhabitants  of  cities  and  towns,  preparation,  printing  and 
posting  of,  relative  to  . 
See  also,  infra,  voters,  listing  of. 
Middlesex  county,  county  commissioners  of,  election  of,  voters 

of  Revere  and  Winthrop  not  to  participate  in  . 
minority  parties,  so  called,  nomination  of  candidates  by 

as  affected  by  act  relative  to  number  of  signatures  required 

on  nomination  papers  of  independent  candidates  for  office 

New  Bedford,  preliminary  elections  in,  arrangement  of  names  on 

ballots  to  be  used  at     . 
nomination  of  candidates,  minority  parties,  so  called,  by      .     _      . 
as  affected  by  act  relative  to  number  of  signatures  required 
on  nomination  papers  of  independent  candidates  for  office 
nomination  papers,  by,  number  of  signatures  required  of  in- 
dependent candidates  for  office      ..... 

objections  to,  for  city  and  town  offices,  decisions  on,  required 

to  be  rendered  within  a  definite  time,  etc. 
primaries,  by  (see,  infra,  primaries). 

withdrawals,  decisions  on  questions  relating  to,  required  to  be 
made  within  a  definite  time,  etc.    .  .  _        .  ._     _    . 

Norwood,  referendum  to  voters  of  town  on  certain  appropriation 
votes  .  .  ...  .  •     .  .  • 

objections  to  nominations  for  city  and  town  offices,  decisions  on, 

required  to  be  rendered  within  a  definite  time,  etc. 
political  committees,   contributions  to,  address  of  donor  to  be 
made  known  and  recorded    ...... 

political  contributions,  address  of  donor  to  be  made  known  and 

recorded      .  .  .  ■  •  •  •  _       _•  •     223 

political    parties,    minority    parties,    so    called,    nomination    of 
candidates  by  ....... 

as  affected  by  act  relative  to  number  of  signatures  re- 
quired on  nomination  papers  of  independent  candidates 
for  office  .  .  .  •         . •     .     • 

primaries,  city  and  town,  objections  to  nomination  papers  for, 
decisions  on,  required  to  be  made  within  a  definite  time, 

voting  illegally  at,  penalty  for,  or  attempting  to  so  vote  or  for 
aiding  or  abetting  such  voting,  etc.,  further  regulated 
questions  submitted  to  voters,  bonds,  notes,  etc.,  for  certain  pur- 
poses, orders  authorizing  issue  of,  approval  or  disapproval 
of,  in  certain  cities        .  .  •  •  •  •    _      ■ 

civil  service  laws,  placing  of  certain  offices  under,  in  cities 
and  towns  ........ 

referendum  (see  Initiative  and  referendum). 


223 

507 

1 

342 

1 

299 

1-5 

191 

369 

1,2 

188 

1-3 

31 
371 

4,5 

191 

48 
371 

191 
191 


166 


166 


166 


223 


371 


191 


166 


299 


183 


1-5 

1.2 


Index. 


1003 


ELECTIONS  —  Concluded. 

registrars  of  voters,  census,  decennial,  certain  powers  and  duties 
of  assessors  as  to,  transferred  to    . 
inns,  lodging  houses  and  public  lodging  houses,   securing  of 
certain   information   relative   to   persons  residing   at,   in 
connection  with  registration  thereof  as  voters,  powers  and 
duties  as  to 
lists  of  inhabitants  of  cities  and  towns,  preparation,  printing 

and  posting  of,  powers  and  duties  as  to 
nominations  for  city  and  town  offices,  decisions  on  objections 

to,  required  to  be  rendered  within  a  definite  time    . 
verification  of  voting  lists,  state  wide,  powers  and  duties  as  to 
representatives  in  general  court,  apportionment  to  the  several 
counties,  establishment  of  boards  of  special  commissioners 
to  divide  the  several  counties,  except  Dukes  and  Nan- 
tucket, into  representative  districts  and  to  assign  repre- 
sentatives thereto         ....... 

appropriation  ........ 

re-registration  of  voters   (see,  infra,   voting  lists,   verification, 

state  wide,  of). 
Revere,  biennial  municipal  elections  in,  holding  in  odd-numbered 
years  instead  of  even-numbered  years    .... 

voters  of,  not  to  participate  in  election  of  county  commis- 
sioners of  Middlesex  county  .... 

senatorial  districts,  division  of  state  into 
special  town  meetings,  calling  of,  upon  request  of  certain  number 
of  registered  voters       ...... 

state  elections,  nomination  papers  of  independent  candidates  for 

office  at,  number  of  signatures  required  on 
street  lists,  etc.,  preparation,  printing  and  posting  of,  relative  to 
tampering  with  ballot  boxes,  voting  machines,  etc.,  penalty 
town  elections,  nominations  for  town  offices,  objections  to,  deci- 
sions on,  required  to  be  rendered  within  definite  time,  etc 
town  meetings,  special,  calling  of,  upon  request  of  certain  number 
of  registered  voters       ...... 

town  offices,  candidates  for,  nomination  papers  of,  number  of 
signatures  required  on  ..... 

town  primaries  (see,  sii2yra,  primaries). 

tree  wardens,  towns,  in,  terms  of  three  years,  for,  authorized 

unlawful  voting  (see,  infra,  voting,  illegally). 

verification  of  voting  lists,  state  wide       .... 

voters,  listing  of,  assistant  assessors  relieved  of  certain  duties 
relative  to  ....... 

preparation,   printing  and  posting  of  lists  of  inhabitants  of 
cities  and  towns,  relative  to  .... 

questions  submitted  to   (see,  supra,  questions  submitted  to 

voters), 
registered,  calling  of  special  town  meetings  upon  request  of 
certain  number  of         ......  . 

registration  of,  inns,  lodging  houses  and  public  lodging  houses, 
securing  of  certain  information  relative  to  persons  residing 
at,  in  connection  with  ...... 

voting,  illegally,  penalty  for,  or  attempting  to  so  vote  or  for  aiding 

or  abetting  such  voting,  etc.,  further  regulated 
voting  lists,  verification,  state  wide,  of      . 
voting  machines,  tampering  with,  etc.,  penalty 
ward  committees  (see,  supra,  political  committees). 
Winthrop,  voters  of,  not  to  participate  in  election  of  county  com- 
missioners of  Middlesex  county      ..... 

Electric  companies  (see  Gas  and  electric  companies). 
Electricians,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Electricity,  bills  for  use  of,  other  than  for  domestic  purposes,  to  be 
itemized  upon  request  of  consumer  .... 

intelligence,  transmission  by,  companies  incorporated  for,  loca- 
tions of  lines  of  certain  foreign        ..... 

property  and  locations  of  domestic,  sale  and  transfer  of,  to 
domestic  or  foreign  corporations  organized  for  the  same 
purpose       ......... 

rates,  prices  and  charges  for  sale,  etc.,  of,  proposed,  suspension  of 
the  taking  effect  of,  relative  to        ....  . 

See  al.so  Gas  and  electric  companies. 
Electric  railroad  companies,  taxation  of  (see  Taxation,  corpora- 
tions, of,  corporate  franchises). 


Chap. 

Item  or 
Section. 

342 

1 

369 

1,2 

188 

1-3 

166 
450 

1-6 

467 
518 


31 
507 

182 

191 

188 
451 

166 

182 
191 
3 
450 
342 
188 

182 


31 


145 
161 


162 
178 


1-7 


4,5 
2 


1-3 
13 


1-6 

2 

1-3 


299 

1-5 

450 

1-6 

451 

13 

1,  2 


1.  2 


1004 


Index. 


Elevated  railway  structure,  Atlantic  avenue,  etc.,  on,  in  city  of 

Boston,  removal  of,  relative  to       ....  . 

Elm  disease,  Dutch,  so  called,  control  of 

work  in  connection  with,  appropriation      ..... 
Embalming  and  funeral  directing,  board  of  registration  in  (see 

Civil  service  and  registration,  department  of). 
Emergency  appropriations,  borrowing  of  money  outside  debt  limit 

by  cities  and  towns  for,  further  regulated 
Emergency  commissions,  establishment  by  governor  in  cases  of  an 
emergency  existing  in  respect  to  food,  fuel,  shelter  or  any 
other  common  necessary  of  life        ..... 
EMERGENCY^:  FINANCE   BOARD: 

appropriations       ......... 

federal  aid  projects,  so  called,  certain  county,  city,  town  and  dis- 
trict loans  for,  powers  and  duties  as  to  . 

Hardwick,  town  of,  funding  of  certain  overlay  deficits  by,  ap- 
proval by   . 

New  Bedford,  city  of,  funding  by,  of  overlay  deficits,  etc.,  powers 
and  duties  as  to  ....... 

public  welfare  and  soldiers'  benefits  and  federal  emergency  un- 
employment relief  projects,  borrowing  by  cities  and  towns 
on  account  of,  powers  and  duties  as  to     . 

rivers  and  streams,  improvements,  certain,  in,  for  flood  protec- 
tion purposes,  acquisition  of  lands,  etc.,  in  connection 
with,  borrowing  of  money  by  cities  and  towns  for,  ap- 
proval by   .  .  .  .  . 

state  tax,  deficit  in  amounts  assessed  in  1938  for  purposes  of, 
funding  by  cities  and  towns  of  their  shares  of,  powers  and 
duties  as  to 

tax  titles,  borrowing  of  money  by  cities  and  towns  based  upon, 
powers  and  duties  as  to 


Emergency  laws,  certain  acts  declared  by  governor  to  be 


federal  (see  Federal  emergency  laws). 
EMERGENCY   PUBLIC   WORKS   COMMISSION: 

appropriations       .......... 

Boston  airport,  so  called,  bulkheads,  etc.,  construction,  etc.,  at 
or  near,  powers  and  duties  as  to     .  .  . 

federal  grants  for  aiding  certain  state  projects,  applications  for,  and 
acceptance  of,  by,  and  powers  and  duties  in  relation  thereto 

north  and  south  metropolitan  sewerage  districts,  additional  pro- 
visions for  sewage  disposal  needs  of,  powers  and  duties  in 
connection  with  ........ 

powers  and  duties  further  extended 

Emergency  purposes,  appropriation  for  certain     .  . 

allocation  of  funds  to  departments  or  agencies  of  common- 
wealth, method  of         ......  . 

EMERGENCY  RELIEF  APPROPRIATION  ACT  OF  1935,  FED- 
ERAL: 
commonwealth,  securing  by,  of  benefits  of,  extension  of  pro- 
visions of  certain  enabling  acts  relative  to  .  . 
counties,  cities,  towns  and  districts,  securing  by,  of  certain  bene- 
fits of,  extension  of  provisions  of  certain  enabling  acts 
relative  to             .           .           .           .           .      _     ._         . 

Emergency  storm  damage  loans,  cities,  towns  and  districts  author- 
ized to  make        ........ 

Emergency  unemployment  funds,  temporary,  appropriations 

by  towns  for,  and  use  of  said  funds  further  regulated 
Eminent  domain,  forest  fire  hazards  resulting  from  the  recent  hur- 
ricane, rights  of  way,  etc.,  by,  in  connection  with  reduc- 
tion of,  taking  by  ......  . 

Employees,   commonwealth,   of   (see   Commonwealth,   officers  and 
employees  of), 
counties,  of  (see  Counties). 

injured,  compensation  for  (see  Workmen's  compensation). 
municipal  (see  Municipal  officers  and  employees). 


Chap. 

482 
136 
309 


Item  or 
Section. 


1-5 
409 


261 

4 

309 

223 

Page  367 

423 

2 

455 

1 

444 

1-4 

72 
453 

1-3 

288 

1 

20 

1-9 

154 

191 

224 

238 

1-55 

338 

371 

454 

1-22 

309 

224 

495 

224 

512 
417 
418 
518 


46 


180 


4,  5,  7. 


106a 


Page  791 


1,2 


1.2 


1,2 


Index. 


1005 


Employees  —  Concluded. 

public,  compensation  for  injuries  sustained  by,  appropriations  .  < 

See  also  Employers  and  employees;  Labor. 
Employee's  contributions,  unemployment  compensation  fund,  to, 
abolished    ......... 

EMPLOYERS   AND   EMPLOYEES: 

accident  and  health  insurance,  general  or  blanket  policies  of, 
issued  to  employers  authorized  to  include  certain  beneiits 
in  favor  of  dependents  of  employees  insured  thereunder   . 

apprentice  training,  commission  on,  continued  .... 

injured  employees,  compensation  to  (see  Workmen's  compensa- 
tion). 

labor  relations  act,  state,  so  called,  craft  unit,  designation  of,  as 
appropriate  unit  for  collective  bargaining,  when 

mechanical  establishments  and  workshops,  requirement  of  hours 
of  rest  for  employees  in,  extended  to       ...  . 

minimum  wages  (see  Minimum  wage). 

Sunday  workers,  schedules  of,  filing  of,  with  department  of  labor 
and  industries,  requirement  as  to,  repealed 
posting  of,  by  certain  employers,  requirement  as  to,  extended 

unemployment  compensation  law,  as  affecting  (see  Unemploy- 
ment compensation  law). 

wage  and  hour  standards,  adoption  of,  within  this  commonwealth, 
investigation  as  to        .  .  .  .  .        Resolve 

appropriation  .  .  .  .  .  .  . 

See  also  Labor;   Labor  relations  act,  state,  so  called;   Minimum 
wage  law. 
Employment,  agencies,  estabhshment  of,  as  aid  to  youth  of  com- 
monwealth, study  relative  to      .  .  .        Resolve 
appropriation      ........ 

children,  of  (see  Minors,  employment  of). 

minors,  of  (see  Minors,  employment  of). 

offices,  public,  division  of,  replaced  by  bureau  of  public  employ- 
ment offices  in  division  of  unemployment  compensation   . 
free,  appropriations    ........ 

establishment,  maintenance,  etc.,  by  commonwealth,  rela- 
tive to         ........  . 

youth    of    commonwealth,    of,    problems    of,    study    relative 
to      .......  .       Resolve 

appropriation  ........ 

See  also  Labor;   Unemployment. 
Encumbrances,  property,  on  (see  Mortgages;    Personal  property; 

Real  property). 
Enfield,  town  of  (see  Cities  and  towns). 

English  speaking  classes,  adults,  for,  appropriations     .  .        . 

Equity  jurisdiction,  probate  court,  Hampden  county,  in,  Spring- 
field Branch  of  the  Woman's  Board  of  Missions,  power  to 
convey  its  funds,  etc.,  and  thereupon  to  be  dissolved,  to 
be  exercised  in  conformity  with  a  decree  of      . 

inactive  religious  societies,  etc.,  suits  to  determine  the  disposi- 
tion of  the  property  of  certain  ..... 
superior  court,  aviation,  laws  relative  to,  to  enforce  certain  pro- 
visions of    ........  . 

Boston  airport,  height  of  buildings  within  certain  distance  of, 
laws  as  to,  to  enforce,  etc.     ...... 

extension  to,  of  original  jurisdiction,  concurrently  with  su- 
preme judicial  court,  of  certain  matters  of  which  the  su- 
preme judicial  court  has  heretofore  had  exclusive  original 
jurisdiction  ........ 

inactive  religious  societies,  etc.,  suits  to  determine  the  disposi- 
tion of  the  property  of  certain       ..... 

motor  fuel  sales  act,  habitual,  continued,  etc.,  violations  of,  to 
enjoin  ......... 

public  schools,  support  of,  providing  of  sufficient  money  by 

cities  and  towns  for,  provisions  of  law  relative  to,  to  enforce 

supreme  judicial   court,   Boston   Elevated   Railway   Company, 

Atlantic  avenue  elevated  structure  of,  revocation,  etc., 

of  right  to  maintain,  etc.,  with  respect  to  .  . 

civil  service,  appointments,  etc..  to  positions  under,  reports  of 
filing  of,  to  enforce       ...... 


Chap. 


309 
495 


319 


133 
471 


318 
235 


235 
235 


52 

495 


38 
495 


20- 
374 


Item  or 
Section. 


664 
1-11 


36g 


36d 


1,  Subs.  9L 
471,  472 
1,  Subs. 
9L,  9M 


36d 


309/ 
495 

356-358; 

Page  368 

356 

53 

4 

194 

2 

393 

3,  Subs.  42 

412 

6,7 

257 

1,2 

194 

1 

459  1 

Subs.  295L 

294 

482 

2 

422 

1.2 

1006 


Index. 


Chap. 


227 


194 
20 


Equity  jurisdiction  —  Condnded. 

supreme  judicial  court —  Concluded. 

co-operative  banks,  dissolution  of,  to  enforce,  etc.,  certain  pro- 
visions relative  to  .  .  .  .  .  ._         • 

hospital  service  corporations,  non-profit,  further  transaction  of 

business  by,  to  enjoin,  in  certain  cases 
inactive  religious  societies,  etc.,  suits  to  determine  the  dispo- 
sition of  the  property  of  certain      ..... 

unemployment  compensation  law,  under 

workmen's  compensation  insurers  refusing,  etc.,  to  comply 
with  certain  provisions  relative  to  assignment  of  rejected 
risks  and  pooling,  transaction  of  business  by,  to  enjoin      .     489 
Escheated  estates,   deceased  persons,   certain,  of,  payment  from 

state  treasury  of  balances  of  .  .        Resolves  33,  62,  63 

reimbursement  of  persons  for  certain  funds  of,  appropriation      .     309 
Esplanade  concerts,  contribution  towards  cost,  appropriation         .     309 
ESSEX   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .  .     452 

Duck  bridge  over  Merrimack  river  in  Lawrence,  rebuilding  of 

roadway  floor  of,  by     .  .  .  .  .  .  .     314 

probation  officer  of  superior  court  for,  reimbursement  for  money 

lost  on  account  of  a  forged  check  .       _    .  .  .     439 

representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .  .  .  .  .  .     _      .     467 

sanatorium,  nurses'  home  and  other  buildings  at,  construction, 

etc.,  authorized   ........     448 

tax  levy 452 

ESTATES    OF   DECEASED   PERSONS: 
escheated  (see  Escheated  estates), 
funeral  directors,  deceased,  business  of,  continuance  for  benefit 

of  estates,  etc.     .  .  .  .  .  .  .  .     160 

payment  of  debts  by  administrators  de  bonis  non,  limitation 

period  further  limited  .  .  .  ■..-.•     ^^^ 

suits  against  administrators  de  bonis  non,  statutory  limitations 

applicable  to,  established   _  .  .    _      .  .  .     _     .     298 

taxes,  income,  legacy  and  succession,  additional,  temporary,  im- 
position, etc.        ........     454 

See  also  Executors  and  administrators. 
Estates  of  homestead  (see  Homestead  estates). 
Estate  taxes  (see  Taxation). 

European  corn-borer,  suppression  of,  appropriation      .  .  .     309 

Everett,  city  of  (see  Cities  and  towns). 
Evidence,   capital  cases,  in,  consideration  of,  by  supreme  judicial 

court  upon  appeal         .......     341 

establishment  of  minimum  fair  wage  rates,  of  .  .  .  .     275 

prima  facie,  alcoholic   beverages,   notice  of  applications  for  li- 
censes to  sell,  etc.,  certified  copy  of  affidavit  by  applicant, 
etc.,  giving  ........     414 

insurance  companies,  reports  of  certain  examinations  of,  ad- 
mission in  judicial  proceedings  in  connection  with  rehabili- 
tation, etc.,  thereof,  facts  stated  in  .  .        _ .  .     472 
motor  vehicle  accident  cases,  certain,  failure  of  certain  non- 
resident operators  to  have  had  insurance  policies,  etc., 
upon  person  or  in  vehicle  to  be  prima  facie  evidence  that 
such  reqxaired  insurance  was  not  being  maintained   .          .     325 
motor  vehicle,  use  of,  for  hunting          .....     462 

Excise  tax  (see  Taxation,  excise  tax). 

Executive    council,    civil    service   commission,   investigations    by, 
upon  request  of  .  .  .  .  .  . 

districts  for  choosing  members  of,  division  of  state  into 


salaries  and  expenses,  appropriations        .  .  .  .  . 

See  also  Governor  and  council. 

Executive  department,  appropriations         ..... 

studies  by,  of  the  affairs  of  certain  state  departments,  appropria- 
tions .  .  .  .  .  .  .  .  . 

See  also  Executive  council;    Governor;    Governor  and  council. 


238 
507 

309 

495 

1 
309 
495 
518 


Item  or 
Section. 


1,2 

3,  Subs.  30 

16 


678 

1 
1-4 


1-4 

1 


19-22 


10 

1 

97,  99. 

100, 102 

100. 102 


95-106 

100,  102 

106a 


Index.  1007 


Item  or 
Chap.  Section. 

EXECUTORS   AND   ADMINISTRATORS: 

administrators  de  bonis  non,  payment  of  debts  by,  limitation 

period,  further  limited  ......     298 

suits  against,  statutory  limitations  applicable  to,  established     298 
income  received  by,  taxation  of       .....  .     373  1 

Explosives  and  inflammable  fluids  and  compounds,  erection 
and  use  of  buildings  and  other  structures  for  storage,  etc., 
of,  applications  for  reinstatement  of  licenses  for,  notifica- 
tion of  local  authorities  of,  and  of  the  action  taken  thereon     333 

F. 

f255 

Factories,  employment  and  hours  of  labor  of  certain  minors  in,  fur-  I  348 

ther  regulated     .  .  .  .  .  .  .  .1  352 

[461  5,6,9 

hours  for  meals  for  women  and  children  in,  relative  to  .  .     280 

Fair  competition  (see  Competition). 
Fairhaven,  town  of  (see  Cities  and  towns). 

Water  Company,  water  supply  for  Sconticut  Neck,  town  of  Fair- 
haven  authorized  to  contract  with,  for  ....     350  3,  11 

Fairs,  plant  pest  control  and,  division  of  (see  Agriculture,  department 
of). 
reclamation,  soil  survey  and,  division  of  (see  Agriculture,  depart- 
ment of). 
state  and  county,  holding  of  dog  racing  meetings  during  season 

of,  further  regulated     .  .  .  ...  .     505  1,  3 

Fair  Trade  Law,  so  called,  penalty  by  way  of  forfeiture  imposed  on 
persons  performing  acts  constituting  unfair  competition 

under 313 

vending  equipment,  commodities  sold  from  certain,  made  sub- 
ject to 231 

Fallen  trees  (see  Trees). 

Fall  River,  city  of  (see  Cities  and  towns). 

Fall  River-Freetown  state  forest  (see  Freetown-Fall  River  state 

forest). 
Fares  (see  Rates). 
Farm  machinery  and  implements,  excluded  from  provisions  of 

motor  vehicle  laws        .......     354  2 

tractors,  fee  for  registration  of  .....  .     354  4 

Farm  service,  employment  of  children  in,  school  attendance  law,  as 

affecting 461  3 

Farm,  state  (see  State  farm). 

Federal  aid  projects,  so  called  (see  Federal  emergency  laws). 

FEDERAL   EMERGENCY   LAWS: 

in  general,  army  base  terminal  in  Boston  harbor,  improvement 
of  approaches  to,  contribution  by  commonwealth  to 
cost  of  ......       Resolve       13 

appropriation 309  633a 

Boston  airport,  so  called,  bulkheads,  etc.,  at  or  near,  construc- 
tion, etc.,  in  part  from  funds  allotted  under      .  .  .     476  2 
cities,  towns  and  districts,  borrowing  of  money  by,  on  account  f    72                       1-3 
of  emergency  unemployment  relief  projects  under   .          .  \  453 
securing  Vjy,  of  certain  benefits  of,  extension  of  provisions  of 

certain  enabling  acts  relative  to     .  .  .  .  .     423  1,  2 

commonwealth,  acceptance  and  use  by,  of  certain  funds  under, 
extension  of  provisions  of  certain  enabling  acts  to  provide 

for 417  1,  2 

federal  grants  for  aiding  certain  projects  of,  state  emergency 
public  works  commission  authorized  to  apply  for,  accept,  etc.    418 
counties,  securing  by,  of  certain  benefits  of,  extension  of  pro- 
visions of  certain  enabling  acts  relative  to  .  .  .     423  1,2 
Essex  county  sanatorium,  improvements,  certain,  at,  securing 

of  federal  funds  for,  requirements  as  to  .  .  .     448  1-4 

Melrose,  city  of,  sewers,  construction  of  certain,  in  easterly 

section  of,  with  aid  of  funds  granted  under        .  .  .     226  1 

Menemsha,  basin  in  town  of  Chilmark,  bulkhead  along  portion 

of  shore  of,  construction  of,  in  part  from  funds  under  .     437  1 

creek,improvementsin,grantingof  funds  for,  under    Resolve       70 
Norfolk  state  hospital  for  criminal  insane,  construction  of,  from 

funds  granted  under,  relative  to    .  .  .  .     485  2 

north  and  south  metropolitan  sewerage  districts,  additional 
provisions  for  sewage  disposal  needs  of,  construction,  etc., 
in  part  from  funds  granted  under  .  .  .  .512  3-6,  8,  9 


1008  Index. 


Item  or 
Chap.  Section. 


FEDERAL   EMERGENCY  LAWS  —  Conchtded. 
in  general  —  Concluded. 

Quincy,  city  of,  sea  wall  along  shore  of  Great  Hill,  so  called,  in, 
construction  of,  in  part  from  funds  allotted  under,  re- 
moval of  certain  limitation,  as  affecting  .         _.  .     331 
Springfield,  city  of,  sewerage  system  of,  improvements  in,  con- 
struction of  certain,  use  for,  of  grants  under     ...       52  8 
state  projects,  grants  for  (see,  supra,  commonwealth), 
transportation  facilities  for  city  of  Somerville  and  town  of  Ar- 
lington, improvement  of,  by  means  of  funds  granted  under, 
investigation  as  to         .           .           .           .           .        Resolve       21 
Emergency  Relief  Appropriation  Act  of  1935,  commonwealth, 
securing  by,  of  benefits  of,  extension  of  pro\'isions  of  cer- 
tain enabling  acts  relative  to          .          .          .          ..417                     1,2 
counties,  cities,  towns  and  districts,  securing  by,  of  certain 
benefits  of,  extension  of  provisions  of  certain  enabling  acts 

relative  to 423  1.2 

National  Industrial  Recovery  Act,  commonwealth,  securing 
by,  of  benefits  of,  etc.,  extension  of  provisions  of  certain 
enabling  acts  relative  to        .  .  .  .  .        _  •     417  1,  2 

counties,  cities,  towns  and  districts,  securing  by,  of  certain 
benefits  of,  etc.,  extension  of  provisions  of  certain  enabling 
acts  relative  to    .  .  .  .  .  .  .  •     423  1, 2 

Warren,  town  of,  securing  by,  of  benefits  of,  etc.,  for  construc- 
tion, etc.,  of  addition  to  certain  school  building        .  .     320  2 
Public  Works  Administration,  Lexington,   town  of,   sewers 
constructed  by,  in  co-operation  with,  change  in  method 
and  rate  of  assessments  for  ......     446                      1,  2 

Works  Progress  Administration  under,  Lexington,  town  of,  "1    g^  j  g 

sewers  constructed  by,  in  co-operation  with,  change  in  \  ^^q  j' 2 

method  and  rate  of  assessments  for  __....  J  ' 

mosquitoes,  investigation  relative  to  varieties  and  prevalence 
of,    co-operation   in,    with    state    department   of    public 
health         .......        Resolve       14 

rivers  within    limits    of    commonwealth,   sanitary   condition 
of  certain,   compilation   of  certain  information  relative 
to,    by    department    of    pubhc    health    in    co-operation 
with  ........        Resolve       22 

Works  Projects  Administration  under,  Lexington,  town  of, 
sewers   constructed  by,  in  co-operation  with,  change  in 
method  and  rate  of  assessments  for         ...  .     446  1, 2 

See  also  Hayden-Cartwright  Act;    Northeastern  Timber  Ad- 
ministration. 
Federal  government  (see  United  States). 
Federal   grants,    public  works,  etc.,  for   (see  Federal  emergency 

laws). 
Federal  housing  administrator,  loans  insured   by,   making   by 
banking  institutions  and  insurance  companies,  term  of 
act  authorizing,  extended      .  .  .  .  .  .     241 

real  estate,  secured  by,  authority  of  domestic  insurance  com- 
panies to  make,  relative  to   .  .  .  .  .  •     359 

Federal    Public    Works    Administration,    Lexington,    town    of, 
sewers  constructed  by,  in  co-operation  with,  change  in 
method  and  rate  of  assessments  for         ...  .     446  1,  2 

Federal  railroad  unemployment  insurance  act,  unemployment 
compensation  law,  changes  in,  so  as  to  conform  to  certain 

provisions  of        ...■■..  •     374  1-6 

Federal  Works  Progress  Administration,   Lexington,  town  of,  ]    g^  \  2 

sewers  constructed  by,  in  co-operation  with,  change  in  \  ^^q  1*2 

method  and  rate  of  assessments  for        ....  J  ' 

mosquitoes,  investigation  relative  to  varieties  and  prevalence 
of,    co-operation   in,    with    state    department    of   pubHc 

health .  ...     Resolve       14 

rivers  within  limits  of  commonwealth,  sanitary  condition  of  cer- 
tain, compilation  of  certain  information  relative  to,   by 
department  of  public  health  in  co-operation  with     Resolve       22 
Federal  Works  Projects  Administration,   Lexington,  town  of, 

sewers  constructed  by,  in  co-operation  with,  change  in  ^ 

method  and  rate  of  assessments  for         ....     446  1.  2 

Feeble  minded  persons,  cost  of  boarding  certain,  in  private  homes, 

appropriation       ........     309  478 

schools  for  (see  Belchertown  state  school;    Walter  E.  Fernald 

state  school;   Wrentham  state  school). 
See  also  Insane,  feeble  minded  and  epileptic  persona. 


Index. 


1009 


Chap. 


Item  or 
Section. 


2.3 


1-3 


211 


Feeding  stujff,  commercial,  contents  of  tags  or  labels  on  certain 

packages,  lots,  etc.,  of,  further  regulated         ...       69 
FEES: 

bacteriological  laboratories,  certificate  of  approval  of,  issuance  of, 

for 344 

bedding  and  upholstered  furniture  manufactured  outside  com- 
monwealth, permits  for  sale  by  certain  persons,  for         .     351 
cigarettes,  licenses  for  distributors  and  dealers,  for    .  .  .     454 

clerks  of  district  courts,  of,  civil  actions,  in,  establishment  of 

certain         .........     345 

congenital  deformities  and  other  crippling  conditions  in  infants, 

reports  of,  for      ........     326 

dancing  schools,  so  called,  licenses  for,  for         ....     253 

dogs  specially  trained   to  lead  and  serve  the  blind,  licensing 

without 23 

farm  tractors,  registration  of,  for     ......     354 

heavy  duty  platform  trailers,  registration  of,  for        .  .  .     354 

horse  and  dog  racing  meetings,   persons  holding  licenses  for, 

exempted  from  certain  municipal  license  fees         .  .     356 

insurance  advisers,  so  called,  licenses  of,  for      .  .  .  _      _  .     395 

interstate  motor  carriers  exempted  from  payment  of  certain,  in 

certain  cases        .  .  .  .  ...  .     306 

land,   taking  of,   for  non-payment  of  taxes,   registering  of  an 

instrument  of,  for         .  .  .  .  .  .  .13 

medical  examiners,  of,  appropriation        .  .  .  .  .     309 

motor  carriers,  replacing  of  lost  or  mutilated  plates  and  lost  or 

destroyed  certificates,  permits  and  licenses  issued  to,  for     322 
motor  fuel,  sales  at  retail,  permits  for,  for         ...  .     459    1,  Subs.  295B 

newsboys,  certain,  badges  of,  for     ......       94 

pardons,  paroles,  etc.,  persons  representing  prisoners  for  purpose 

of  obtaining  granting  of,  for,  regulated  ....     484 

recreational  camps,  overnight  camps  or  cabins  and  trailer  camps, 

licensing  of,  for   .  .  .  .  .  .  .  .416 

Felony,  granting  of  new  trial  in  superior  court  in  certain  cases  of, 

relative  to  ........     271 

pardons,  paroles,  etc.,  from  sentences  for  commission  of,  payment 
or  receipt  of  money,  etc.,  for  purpose  of  obtaining  granting 
of,  regulated        ........     484 

Females  (see  Women). 

[309 
Fernald,  Walter  E.,  state  school,  appropriations         .         .         .  \  387 

[495 
custody  of  persons  committed  to,  relative  to    .  .  .  .     500 

Fewkes,  Ernest  E.,  annuity  to,  payment  by  city  of  Boston     .  .     386 

Fidelity  bonds  (see  Bonds). 

Fiduciaries,  income  received  by,  taxation  of  ....     373 

See  also  Executors  and  administrators. 
Finance,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 
Finance,  administration  and,  commission  on  (see  Administra- 
tion and  finance,  commission  on). 
Finance  board,  emergency  (see  Emergency  finance  board). 
Finance  companies,  so  called,  relations  of  officers,  directors  and 
employees  of  certain  domestic  insurance  companies  issu- 
ing motor  vehicle  liability  policies  and  bonds  with,  regu- 
lated       _    .  .  . 406 

Financial  institutions,  women  and  children  employed  in,  hours  of 

labor 377 

See  also  Banks  and  banking. 
Firearms,  carr3nng  of  certain,  in  motor  vehicles  in  areas  used  for 

hunting,  restricted        .......     462 

drills  and  parades,  with,  by  Yankee  Division  Veterans  Associa-  /  144  1 

tion \  425        1,  Subs.  49 

See  also  Weapons. 
FIRE   DEPARTMENTS: 

in  general,  appointments  and  promotions  in  such  fire  forces  as 

are  within  classified  civil  service,  further  regulated    .  .     419  3 

expenditures  required  of  owner  or  occupant  of  premises  by 
heads  of,  to  remedy  conditions  thereat,  inclusion  of  value 
of  the  land  in  determining  amount  of     .  .  .  .     205 

explosives  and  inflammables,  erection  and  use  of  buildings, 
etc.,  for  storage,  etc.,  of,  applications  for  reinstatement  of 
licenses  for,  notification  of  heads  of,  relative  to  .  .     333 


1.  2 


494,  494b 
2 

494b 


1.  2 


1.2 


1010 


Index. 


FIRE    DEPARTMENTS  —  Concluded. 
in  general  —  Concluded. 

reserve  forces  in  certain  cities  and  towns,  ultimate  abolition  of 
Boston,  pensioning  of  certain  members  of,  relative  to 
Fitchburg,  call  members  of,  retirement  of  certain 
Marblehead,  chief  of,  deputy  call  chiefs,  etc.,  appointment,  sal- 
ary, civil  service  requirements,  etc.         .... 
control  of,  reorganized         ....... 

Methuen,  reserve  force  in,  establishment,  authorized 
New  Bedford,  retirement  of  members  of,  amount  of  pensions 
under  provisions  relative  to  ..... 

Fire  districts  (see  Districts). 

Fire  insurance  (see  Insurance). 

Fire  marshal,  state  (see  Public  safety,  department  of). 

Firemen  (see  Fire  departments). 

Firemen's  relief,  commissioners  on,  appropriations   . 

Fire  patrol  (see  Fires  and  fire  prevention  and  protection). 

Fire  prevention,  division  of  (see  Public  safety,  department  of). 

FIRES    AND    FIRE    PREVENTION    AND    PROTECTION: 

Barnstable  county,  forest  fire  fighting  apparatus  for  use  by  towns 

in,  purchase,  etc.,  by  county  commissioners  of  said  county 

employees  maintaining  fires  on  Sunday,  employers  required  to 

post  schedules  of  ....... 

expenditures  required  of  owner  or  occupant  of  premises  by  order 
of  the  state  fire  marshal  or  head  of  a  fire  department  to 
remedy  conditions  thereat,  inclusion  of  value  of  the  land  in 
determining  amount  of  .....  . 

fire  patrol,  appropriation         .  .  .  .  .  .        _  . 

areas  endangered  by  conditions  resulting  from  the  hurricane,  in 

forest  fires,  extinguishment  of,  expenses,  etc.,  state  aid  to  towns 

for,  appropriations        ....... 

See  also,  infra,  hurricane,  forest  fire  hazards  resulting  from, 
hurricane,  forest  fire  hazards  resulting  from,  ehmination  of,  study 
relative  to         .  .  .  . 

fire  patrol  in  certain  areas,  provision  for 
reduction  of,  by  removal  of  fallen  trees,  etc.,  on  private 
property     ......... 

Wakefield,   conversion   of  existing   buildings  into  non-fireproof 
tenement  houses  not  exceeding  two  and  one  half  stories  in 
height  ......... 

Fire  warden,  state  (see  Conservation,  department  of). 
Fiscal  requirements,  state,  making  of  certain,  biennial  instead  of 
annual         ......... 

See  also  State  finance. 
FISH   AND   FISHERIES: 

inland  (see  Game  and  inland  fisheries,  fish  and  fishing). 
marine,  coastal  wardens  and  deputy  coastal  wardens,  appoint- 
ment, etc.  ....... 

fish  inspectors,  appointment,  powers,  duties,  etc.   . 
fish,  state  inspector  of,  office  abolished 
food  fish,  inspection,  etc.,  relative  to    . 

sale,  etc.,  of,  regulation  of,  expenses,  appropriations 

laws  relative  to,  enforcement,  etc.,  relative  to         . 

lobsters,  propagation  of,  commonwealth,  by,  further  investi 

gation  relative  to      .  .  .  .  .        Resolv 

establishment  and  maintenance  of  plant  for,  and  acquisi- 
tion of  certain  land  in  town  of  Oak  Bluffs  for  such 
purpose         ...... 

appropriation  ...... 

purchasing  of,  expenses  of,  appropriation  . 
shellfish,  enforcement  of  certain  laws  relative  to,  appropria- 
tion  ........ 


lobsters  (see,  supra,  lobsters). 

state  aid  to  coastal  cities  and  towns  in  conserving  and  in 
creasing  supply  of,  appropriation  .  .  . 

state  supervisor  of  marine  fisheries,  office  abolished,  etc. 
Fisheries  and  game,  division  of  (see  Conservation,  department  of) 
Fitchburg,  city  of  (see  Cities  and  towns). 

state  teachers  college,  appropriations        .... 


Item  or 

Chap. 

Section. 

419 

1 

237 

1-3 

355 

1,2 

73 

1^ 

216 

1,  2 

73 

1-4 

216 

1,2 

103 

1.2 

309 


216.  217 


349 

1,2 

235 

2 

205 
309 

247 

309  1 

279 
1,2 

274,  278; 
Page  367 

99 
247 

3 

1.2 

180 

1-4 

440 

1.  2 

502 

1-15 

491 

8,  11 

491 

8,  10 

491 

7,  10 

491 

8,  10 

309 

304,  305 

518 

Page  791 

491 

1,  8,  10-12 

23 

385 

1,2 

518 

311a 

495 

310 

309  I 

308,  309, 
558,  559 

495 

310 

309 

311 

491 

8,  11 

309 

385,  386 

495 

385,  386 

Index.  1011 

Item  or 
Chap.  Section. 

Flaherty,  William,  estate  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  legal  services  rendered  in 
certain  suit  against  Edgar  B.  Davis        .  .        Resolve       67 

Fletcher,  Florence  T.,  Medford,  of,  payment. of  sum  of  money  to, 

by  Middlesex  county 215  1,  2 

FLOOD    CONTROL: 

Chicopee  river,  works  along,  for,  construction,  etc.,  by  city  of  /    97  1-4 

Chicopee 1 364  1.  2 

Connecticut  river,  works  along,  for,  construction,  etc.,  Chicopee,  j    97  1-4 

city  of,  by \  364  1,2 

Holyoke,  city  of,  by 239  1-4 

Northampton,  city  of,  by I  ^^^  j   2 

Mill  river,  works  along,  for,  construction,  etc.,  by  city  of  North-  j      9  1-4 

hampton 1426  1,  2 

rivers  and  streams,  building  of  structures,  etc.,  in,  with  respect  to 
which  expenditures  of  federal,  state  or  municipal  funds 
have  been  made  for  any  form  of,  regulated     .  .  .513  6 

improvements,  certain,  in,  for  purposes  of     .  .  .  .  |  ^|^  5 

Shawsheen  river,  construction  of  works,  etc.,  in,  for  purposes  of, 

investigation  as  to        .  .  .  .  .        Resolve       66 

United  States,  construction  of  certain  projects  by,  acquisition  of 

land  for,  con.sent  to,  granting  of    .  .  .  .  .     284 

co-operation  by  department  of  public  works  in  certain  highway 

construction  in  connection  with,  authorized    .  .  .     483  1-3 

Westfield  river,  works  along,  for,  construction,  etc.,  by  city  of 

Westfield 278  1-3 

Floods,  bridges  damaged  by  certain,  reconstruction  of,  payment  of 
portion  of  cost  of,  by  certain  cities  and  towns,  time  ex- 
tended for  . 309  Page  361 

See  also  Flood  control;   Hurricane  and  floods. 
Food,  drugs,  and,  inspection,  in  department  of  public  health,  appro-  f  309  556,  557 

priations     .  .  .      _ \  495  556,  557 

emergency  in  respect  to,  provision  for  establishment  of  emer- 
gency commissions  in  cases  of        .....     261  4 

fish  (see  Fish  and  fisheries). 
Food  and  drugs,  division  of  (see  Public  health,  department  of). 
Ford,  Anna  R.,  reinstatement  in  service  of  town  of  Watertown  for 

sole  purpose  of  being  retired  .....     389  1,  2 

Foreign  corporations  (see  Corporations). 

Foreigners  (see  Aliens). 

Foreign  extraction,  corporations  limiting  membership  to  persons  of 

(see  Fraternal  benefit  societies). 
Foreign  insurance  companies  (see  Insurance,  companies). 
Foremen,  municipal,  pensions  of,  relative  to        ...  .     243 

Forester,  state  (see  Conservation,  department  of). 
Forest  fires  (see  Forests  and  forestry). 
Forestry,  division  of  (see  Conservation,  department  of). 
FORESTS   AND   FORESTRY: 

Dutch  Elm  Disease,  so  called,  control  of  ....     136 

work  in  connection  with,  appropriation  ....     309  409 

fire  patrol,  appropriation  ......      309  279 

fires,  forest,  apparatus  for  fighting,  purchase  by  county  com- 
missioners of  Barnstable  county  for  use  by  towns  within 
said  county  ........     349  1,  2 

danger  of,  resulting  from  the  recent  hurricane,  elimination  of, 

study  relative  to       .......       99  3 

fire  patrol  in  certain  areas,  provision  for  .  .  .     247  1,  2 

reduction  of,  by  removal  of  fallen  trees,  etc.,  on  private 

property 180  1-4 

extinguishment  of,  expenses,  etc.,  of,  state  aid  to  towns  for,  1  of.Q  /        274,  278; 

appropriations /  "^^^  \        Page  367 

Freetown-Fall  River  state  forest,  Indian  reservation,  establish- 
ment within  boundaries  of    .  .  .  .  .  .     384 

Heath  Hen  Reservation  on  island  of  Martha's  Vineyard,  estab- 
lishment as  part  of  the  Martha's  Vineyard  State  Forest    .      132 
hurricane,   forest   fire  hazard   resulting  from,   reduction  of,   by 

removal  of  fallen  trees,  etc.,  on  private  property      .  .      180  1-4 

forestry   work  made   necessary   by,   unexpended   balances  of 

certain  appropriations  made  available  for      .  .  .     495  Page  706 

See  also,  supra,  fires,  forest;   Timber  salvage  commission. 


1012  Index. 


Item  or 
Chap.  Section. 

FORESTS  AND  TOB.ESTRY  —  Concluded. 

state  forests,  development  of,  appropriations    .  .  .  .     309  277,  280 

recreational  opportunities  in,  development  of,  appropriation    .     309  283 

tree  wardens  in  towns,  election  for  term  of  three  years  authorized         3 
Forty-eight  hour  law,  so  called,  women  and  children,  for,  scope 

broadened  ........     377 

Foundlings,  birth  certificates  of  certain,  making  and  regulating  of 

certain,  further  regulated       ......       61  1-4 

Four  Corners  Cemetery,  town  of  Palmer  authorized  to  remove  and 
reinter  certain  remains  in,  and  construct  certain  cemetery 
ways  therein         ........  4  1-3 

Foxborough,  state  hospital,  appropriations  .  .  .  .  .  <  oo^  '         o 

town  of  (see  Cities  and  towns). 
Framingham,  state  teachers  college,  appropriations       .  .  .  <  ^qc  oo4'  oog 

easement  in  certain  land  at,  granting  to  town  of  Framingham 

for  sewerage  purposes  ....        Resolve         5 

reconstruction,  etc?.,  of  certain  buildings  at,   completion  of, 

relative  to 492 

town  of  (see  Cities  and  towns). 
Frank  Imhof  Co.,  revived  for  certain  purposes     ....     428 

FRANKLIN    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     452  1 

recreational  advantages,  advertising  of,  expenditures  for    .  .     106  1,  2 

representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467  1-4 

tax  levy 452  1 

Franklin,  town  of  (see  Cities  and  towns). 
FRATERNAL   BENEFIT    SOCIETIES: 

domestic,    limited    membership    and    limited    benefit    societies, 
annual  statements,  filing  of,  by,  with  commissioner  of 
insurance    .  .  .      _    .  .  .  .  .  .     254  2 

Hmited  membership  societies,  investment  of  funds,  by,  regu- 
lated   254  1 

foreign  extraction,  corporations  limiting  its  niembership  to  per- 
sons of  the   same,   and   their  respective   husbands   and 
wives,  irrespective  of  racial  extraction,  form  of  govern- 
ment of       .  .  .  .  .  .  .  .  .     139 

foreign,  renewal  of  licenses  of,  notice  and  hearing  required  before 

refusal  to  issue    .  .  .  .  .  .  .  .     168 

lodge  system  societies,  annuities,  granting  of,  by  certain    .  .     236  1,  2 

See  also  General  Electric  Mutual  Benefit  Association;    Massa- 
chusetts Police  Mutual  Aid  Association;    Norwegian  So- 
ciety of  September  19th,  1853;   Society  of  St.  Vincent  de 
Paul,  Particular  Council  of  Lynn. 
Fredrikson,    Gunnar    F.,    payment    by    commonwealth    of   sum 
of    money    on    account    of    death    of,    while    on    militia 
duty  .  .  .  .  .  .  .        Resolve       48 

Free  employment  offices,  appropriations  .  .  .  .     309  471, 472 

Freetown-Fall  River  State  Forest,  Indian  reservation,  estabhsh- 

ment  within  boundaries  of    .  .  .  .  .  .     384 

Freight,  carriers  of  (see  Carriers). 

French  river,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to    .  .  .  .  .  .        Resolve       22 

appropriation  ........     495  36e 

Fuel,  emergency  in  respect  to,  provision  for  estabhshment  of  emer- 
gency commissions  in  cases  of        ....  .     261  4 

motor  fuel  sales  act,  so  called  ......     459  1-3 

administration  of,  appropriation  .  .  .  .  .     518  465a 

motor  vehicles,  used  in  propelling,  advertising  and  sale  at  retail 

of,  further  regulated     .......     459  1-3 

price  of,  signs  relating  to,  number,  size  and  use  of,  regulated  |  ^^5    .    Subs  2950 
Funeral  directing,  business  of,  further  regulated  .     160  1-4 

Funeral  directing,  embalming  and,  board  of  registration  in 

(see  Civil  service  and  registration,  department  of). 
Funerals,  poor  and  indigent  persons,  of,  amounts  payable  by  com- 
monwealth for  expenses  of,  increased      ....     370 

workmen's  compensation  law,  payment  under,  of  certain  expense 
of,  not  to  be  deducted  from  compensation  due  dependents 
in  fatal  injury  cases      .  .  .  .  .  .  .81 


Index.  1013 


Item  or 
Chap.  Section. 


Furniture,  beds,  bedding,  etc.,  consisting  in  whole  or  in  part  of 

second  hand  metal,  marking  of,  requirements  as  to  .     196 

upholstered,  manufactured  outside  commonwealth,  sale  by  cer- 
tain persons,  regulated  .  .  .  .  .  .351 


G. 

Gambling  (see  Horse  and  dog  racing  meetings  conducted  under  pari- 

mutuel  system  of  wagering). 
GAME   AND   INLAND   FISHERIES: 

in  general,  conservation  officers,  compensation,  expenses,  etc., 

appropriations .309  291,  292 

firearms,  carrying  of  certain,  in  motor  vehicles  in  areas  used  for 

hunting,  restricted        .......     462 

birds  and  mammals : 
birds: 

game  birds,  propagation,  appropriations    ....     309  295,  296 

mammals: 

deer,  damages  caused  by,  payment  of,  appropriation  .  .     309  297 

moose,  damages  caused  by,  payment  of,  appropriation         .     309  297 

fish  and  fishing: 

fish  hatcheries,  maintenance,  appropriations  .  .     309  295,  296 

fishways,  construction,  etc.,  of  certain,  appropriation      .  .     309  301 

Game,  fisheries  and,  division  of  (see  Conservation,  department  of). 
Gans,  Frances  K. ,  acts,  certain,  as  notary  public,  validated    Resolve       61 

f273 

Garages,  employment  and  hours  of  labor  of  certain  minors  in,  further  I  348 

regulated    .  .  .  .  .  .  .  .  .   |  352 

[461  5,6.9 

women  and  children  employed  in,  hours  of  labor       .  .  .     377 

Gardner,  city  of  (see  Cities  and  towns). 

state  hospital,  appropriations  .  .  .  .  .  .  |  ooy  2 

Gas,  bills  for  use  of,  other  than  for  domestic  purposes,  to  be  itemized 

upon  request  of  the  consumer        .  .  .  .  .     145  1,2 

rates,  prices  and  charges  for  sale,  etc.,  of,  proposed,  suspension  of 

the  taking  effect  of,  relative  to       ....  .     178  1,  2 

GAS   AND   ELECTRIC    COMPANIES: 

in  general,  bills  for  use  of  gas  and  electricity  other  than  for  do- 
mestic purposes,  to  be  itemized  upon  request  of  the  con- 
sumer        .........     145  1,  2 

consolidation  or  merger  of,  or  sale  of  property  of,  authorized 

under  certain  conditions        ......     229  1,  2 

rates,  prices,  etc.,  of,  proposed,  suspension  of  the  taking  effect 

of,  relative  to 178  1,  2 

taxation  of  (see Taxation,  corporations, of ,  corporate  franchises), 
gas  companies,  domestic  corporations  authorized  to  own  shares 

of  domestic  corporations  engaged  in  the  gas  business         .301  1,2 

See  also  Attleboro  Steam  and  Electric  Company;    Boston  Con- 
solidated Gas  Company;   Boston  Edison  Company;   Ded- 
ham  and  Hyde  Park  Gas  and  Electric  Light  Company; 
Lynn  Gas  and  Electric  Company;    New  England  Power 
Company;   Norton  Power  and  Electric  Company;   Union 
Light  and  Power  Company. 
Gasoline,  advertising  and  sale  at  retail  of,  further  regulated     .  .     459  1-3 

erection  and  use  of  buildings,  etc.,  for  storage,  etc.,  of,  applica- 
tions for  reinstatement  of  licenses  for,  notification  of  local 
authorities  of,  and  of  the  action  taken  thereon         .  .     333 

motor  fuel  sales  act,  so  called  ......     459  1-3 

administration  of,  appropriation  .  .  .  ,  .518  465a 

price  of,  signs  relating  to,  number,  size  and  use  of,  regulated         .     218/  '  2qkp 

tax,  additional,  time  during  which  effective  further  extended        .     408 
See  also  Highway  Fund. 
Gay  Head,  town  of  (see  Cities  and  towns) . 

Gelinas,  Eliza,  payment  by  commonwealth  of  sum  of  money  to,  as 
compensation  for  a  certain  parcel  of  land  taken  for  high- 
way purposes       ......        Resolve       47 

GENERAL   COURT: 

in  general,  acts  and  resolves,  number  passed  by        .  .  .  Page  832 

appropriations  by  (see  Appropriations;  State  finance). 


1014 


Index. 


GENERAL    COURT  —  Continued. 
in  general  —  Continued. 

biennial  sessions  of,  changes  necessitated  by  adoption  of,  fiscal 
requirements,  certain,  in   .  .  .  .  .  . 

general  laws,  in  .......         . 

laws  of  commonwealth,  in,  special  commission  established 
to  determine    ......        Resolve 

bulletin  of  committee  hearings,  appropriations 

chaplains,  appropriation      ....... 

civil  service  commission,  investigations  by,  upon  request  of 
clerks,  junior  colleges,  petitions,  certain,  for  legislation  rela- 
tive to,  powers  and  duties  as  to     . 

pardons  granted  by  governor,  etc.,  list  of,  etc.,  filing  with   . 

See  also,  infra,  house  of  representatives;   senate. 

committees,  expenses,  appropriations   ..... 

rules.  General  Laws,  continuous  and  gradual  revision  of, 

powers  and  duties  as  to  . 

See  also,  infra,  ways  and  means,  joint  committee  on. 
contingent  expenses,  appropriations      ..... 

counsel  to,  appropriations  ....... 


General  Laws,  continuous  and  gradual  revision  of,  powers 
and  duties  as  to  ....... 

special  commission  to  investigate  relative  to  ordinances  of 
the  cities  of  the  commonwealth,  to  be  or  to  designate 
members  of  .  .  .  .  .  .        Resolve 

special  laws,  indexing  of,  appropriation      .... 

county  finances,  changes  in  laws  relative  to,  necessitated  by 

adoption  of  biennial  sessions  of      . 
doorkeepers  and  assistant  doorkeepers,  appropriations   . 
general  court  officers,  appropriations    ..... 

hearings,  bulletins  of,  appropriations    ..... 

daily  list  of,  appropriations       ...... 

industrial   accidents,   department   of,    annual   report  by,   to, 
time  of  making,  relative  to    . 

journals,  etc.,  of,  changes  in  laws  relative  to,  necessitated  by 
adoption  of  biennial  sessions  ..... 

legislative  counsel,  regulation  of,  changes  in  law  relative  to, 
necessitated  by  adoption  of  biennial  sessions  . 

legislative  document  room,  clerks,  appropriation    . 

manual  of,  printing  of,  appropriation   ..... 

Massachusetts   aeronautical   commission,   annual  report    by, 
to 

members,  advances  to,  on  account  of  compensation  due,  bien- 
nial budget,  as  affecting 
civil  service  rules,  changes  in,  copies  of,  sending  to 
compensation  of,  appropriations        ..... 

distribution  to  certain,  of  Tercentenary  Edition  of  General 
Laws  .  .  .  .  .  .  .        Resolve 

portraits,  etc.,  of,  books  containing,  purchase  of,  appropria- 
tion  .......... 

pages,  appropriations  ....... 

petitions  to,  for  certain  legislation,  changes  in  laws  relative  to, 

necessitated  by  adoption  of  biennial  sessions  . 
postmaster,  appropriation  ....... 

printing,  binding  and  paper,  appropriations 

prorogation  of,  statement  as  to    . 

reports  of  state  officials  to,  changes  in  laws  relative  to,  necessi- 
tated by  adoption  of  biennial  sessions    . 

rules  and  regulations  of  state  officers,  departments,  boards, 
etc.,  annulling  of,  by    . 
list  of,  inclusion  in  annual  reports  to  ...  . 


Chap. 


502 
f499 
^501 
[508 

1 

/309 

\495 

309 

238 

424 
479 

309 
495 
518 

376 

309 
495 
309 
495 

376 


309 

501 

309 

309 

/309 

\495 
/309 
1495 


508 


508 
309 


393 

502 

397 

/309 

\518 

19 

309 
309 

508 

309 

/309 

1495 


499 
499 


Item  or 
Section. 


1-15 
1-9 


1-17 


20-22,  27,  30 

21 

22,  36o 


32 

32 

18,  19,  28,  31 

18,  19.31 


1-6 
11-13 
11,13 
25 
25 
25 
25 


3,  10 
4-6 


Subs.  43 
9 


1-4 
2A 


34 

11,  14 

1 

12 

23 

23 

Page  834 

1-9 

9,  15 

4A 

4 


Index.  1015 

Item  or 
Chap.  Section. 

GENERAL    COURT  —  Concluded. 
in  general  —  Concluded. 

sergeant-at-arms,  salary,  clerical  assistance,  etc.,  appropria- 
tions   309      9-16,32.35 

stationery,  appropriations  .......     309  26,  29 

r309  33 

telephone  service,  appropriations  .  .  .  .  .  i  ^g^  22 

travel,    compensation    of    certain    officers,    pages,    etc.,    for, 
changes  in  law  relative  to,  necessitated  by  adoption  of 
biennial  sessions  .......     508  2 

f  309         2  4   11   22 

traveling  expenses,  appropriations         .  .  .  .  <  g^g  '    •      'g  a 

unemployment  compensation,  director  of,  reports  by,  to          .20  1,  Subs.  9 J 
state  advisory  council,  reports  by,  to                    .                     .       20  5,  Subs.  45 
ways  and  means,  joint  committee  on,  travel,  etc.,  appropria- 
tion  518  36o 

witness  fees,  appropriation            ......     309  35 

house  of  representatives,  clerk  of,  assistant,  salary  of,  appro- 
priation     .........     309  6 

clerical  assistance,  appropriations      .          .          .          .          .  I  .g-  - 

salary  of,  appropriation  .......     309  5 

Kerrigan,  John  J.,  Jr.,  former  member  of  present,  parents  of, 

payment  by  commonwealth  of  compensation  to   Resolve       28 
appropriation       ........     518  2B 

members,  apportionment  to  the  several  counties,  division  of  the 
several  counties,  except  Dukes  and  Nantucket,  into  rep- 
resentative districts  and  assignment   of   representatives 

thereto 467  1-4 

vacancy  in,  filling  of,  changes  in  law  relative  to,  necessitated  by 

adoption  of  biennial  sessions  .....     508  16 

senate,  clerk  of,  assistant,  salary  of,  appropriation   .  .  .     309  6 

clerical  assistance,  appropriation        .....     309  8 

salary  of,  appropriation  .  •    .   .  •.  •  •.         ■  •     309  5 

districts  for  choosing  members  of,  division  of  state  into   .  .     507  2 

General  Electric  Mutual  Benefit  Association,  relief  and  benefits 

payable  by,  maximum  increased    .....     126  1,  2 

r  499  1-9 

General  Laws,  biennial  sessions  of  general  court  and  biennial  bud-  I  501  1-6 

get,  changes,  certain,  necessitated  by,  in  .  .  .1  502  1-15 

[ 508  1-17 

changes  in,  table  of        .......  .  Pages  837-937 

consolidation  and  arrangement  of  certain  chapters  and  sections  ( 309  36a 

of,  etc.,  appropriations  .  .  .  .  .  .  \  376  2 

continuous  and  gradual  revision  of,  relative  to  .  .  .     376  1,  2 

perfecting  changes,  minor,  in  .  .  .  .  .  .451  1-67 

Tercentenary  Edition,  distribution  of,  to  certain  members  of 

present  general  court   .....        Resolve       19 

Geodetic  and  coastal  survey,  appropriation         ....     309  609a 

Gifts,  inter  vivos,  made  not  more  than  one  year  prior  to  death  of 
donor,  deemed  prima  facie  in  contemplation  of  death  for 
purposes  of  taxation     .......     380 

Gillis  Construction  Company  (see  Allan  A.  Gillis  Construction 

Company). 
Girls,  industrial  school  for,  appropriation       .....     309  537 

parole  of,  department  of  public  welfare,  appropriations      .  .     309  533,  534 

See  also  Alinors. 

Gliders  and  glider  pilots,  licensing  of 393  3,  Subs.  47,48 

Gloucester,  city  of  (see  Cities  and  towns). 

Going  out  of  business  sales,  so  called,  further  regulated  207 

Golf  course,  public,  establishment  of,  in  city  of  Medford  and  town 
of  Winchester,  or  either  of  them,  investigation  relative 

to Resolve       27 

Good  Harbor  Beach  (see  Little  Good  Harbor  Beach). 
Goods,  wares  and  merchandise,  Fair  Trade  Law,  so  called,  pro- 
visions of,  extended  to  commodities  sold  from   certain 
vending  equipment       .  .  .  .  .  .  .231 

sales  of,  under  designation  of  "closing  out  sale",  etc.,  further 

regulated 207 

See  also  Sales. 
Goshen,  town  of  (see  Cities  and  towns). 
Gosnold,  town  of  (see  Cities  and  towns). 


1016 


Index. 


GOVERNOR: 

in  general,   approval   of  certain  acts  passed  by  general  court 
withheld  by    .  .  .  .  .  .      . 

budget  of,  appropriation  acts  based  upon 


Chap. 


r309 

]495 

[518 

387 

20 
154 
191 
224 
238 
338 
371 
.454 
pardons,   granting  of,  facts  and  circumstances  surrounding, 

investigations  relative  to       .  .  .  .   Resolves  12,  37 


reductions  in  certain  items,  etc. 
See  also  Appropriations. 


emergency  laws,  certain  acts  declared  to  be,  by 


Item  or 
Section, 


Page  832 
1-8 
1-4 
1-3 
1.2 


salary  and  expenses,  appropriations 


304 


unemployment  compensation,  director  of,  reports  by,  to  . 
state  advisory  council,  reports  by,  to  .... 

vetoes  by  ......... 

appointments  by,  in  general,  terms  of  office  of  certain  state 
officers  required  to  be  appointed  by,  time  for  commence- 
ment of,  ultimate  establishment  of  February  first  as 

biennial  sessions  of  general  court  and  biennial  budget,  changes 
in  laws  of  commonwealth  necessitated  by  adoption  of,  spe- 
cial commission  to  determine,  three  members  of     Resolve 

board  of  review  in  division  of  unemployment  compensation, 
members  of  .......  . 

civil  service  commission,  chairman,  designation  by 
members  of    .  .  .  •...-.• 

co-ordination  of  transportation  facilities  in  and  around  Metro- 
politan Boston  area,  extension  of  rapid  transit  system  from 
South  Station  to  Readville  district,  and  continuance  of 
adequate  railroad  transportation  service  for  certain  com- 
munities, special  commission  to  investigate  as  to,  three 
members  of  .....  .        Resolve 

fisheries  and  game,  director  of  division  of      . 

forestry,  director  of  division  of    . 

Granville  and  Tolland,  lands  in,  held  for  water  supply,  etc., 
purposes,  payments  in  lieu  of  taxes  on,  providing  for, 
special  commission  to  investigate  relative  to,  three  mem- 
bers of         ......  .        Resolve 

immigration  and  Americanization,  board  of,  members  of 

juvenile  court  system,  special  commission  to  investigate  and 
study,  three  members  of        ...  .        Resolve 

liquidations,  director  of       ......  . 

marine  fisheries,  director  of  division  of  .... 

Massachusetts  aeronautics  commission,  five  members  of 

master  in  chancery,  additional,  in  Plymouth  county 

metropolitan  district  sewer  construction  commission,  two 
members  of  .  .  •..-.• 

old  age  assistance,  so  called,  liberalization  and  administration 
of,  special  commission  to  study,  etc.,  three  members 
of       .......  .       Resolve 

pardon  and  parole  systems  in  the  commonwealth,  special  com- 
mission to  investigate  relative  to,  etc.,  three  members 
of Resolves  12, 37 

parks  and  recreation,  director  of  division  of  ...     491 

public  health  council,  terms  of  office  and  qualifications  of  ap- 
pointive members,  changes  in         .  .  .  .  . 

public  works,  department  of,  special  commission  to  investi- 
gate further  the  administration  and  expenditures  of,  three 
members  of  .....  .        Resolve 

representative  districts,  special  commissioners,  boards  of,  to 
divide  counties  into,  etc.,  members  of    . 

state  advisory  council,  members  of       ....  . 

state  teachers  colleges,  reduction  of  number  of,  special 
commission  to  investigate  relative  to,  three  members 
of Resolve      73 


/95,  101,  102. 

\  104-106 

102 

1.  Subs.  9 J 

5,  Subs.  45 

Pages  832, 833 


1 

20 
238 
238 


64 
491 

491 


44 
409 

43 
515 
491 
393 
151 

512 


65 


233 


74 


467 
20 


l,Subs.9N;8 

3 

3,52 


4,  12 
3,  12 


1 

8  12 

3,  Subs!  36 


9.  12 
1-3 


l.Subs.9N:8 


Index. 


1017 


GOVERNOR  —  Concluded. 

appointments  by  —  Condnded. 

Suffolk  county  court  house,  commission  to  have  care,  custody, 
etc.,  of,  one  member  of  .....  . 

Timber  Salvage  Commission,  four  members  of       . 

unemployment  compensation,  director  of  division  of 

wage  and  hour  standards,  special  commission  to  investigate 
relative  to  adoption  of,  three  members  of        .        Resolve 

wildlife  research  and  management,  director  of  division  of 
powers  and  duties,  biennial  budget,  changes  in  certain  state 
fiscal  requirements  necessitated  by  adoption  of,  as  affect- 
ing      

Boston  airport,  bulkheads,  etc.,  construction,  etc.,  at  or  near, 
approval  by         .... 

civil  8er\'ice  commission,  investigations  by,  upon  request  of     . 

conservation,  department  of,  changes,  certain,  in  organization 
and  functions  of,  as  to 

emergency  commissions,  establishment  by,  under  certain  con- 
ditions        .  .  .  .  .  .  . 

emergency  public  works  commission,  acceptance  by,  of  certain 
federal  grants,  approval  by  . 

Essex  county  commissioners,  taking  of  steps  by,  to  secure 
federal  funds  for  certain  additions  to  Essex  county  sana- 
torium, consent  by       ......  . 

federal  aid  projects,  so  called,  certain  county,  city,  town  and 
district  loans  for,  as  to 

Green,  Edward  H.  R.,  estate  of,  compensation  of  attorneys, 
etc.,  in  connection  with  establishment  of  right  to  assess 
inheritance  tax  upon,  to  be  member  of  committee  to 
determine  .  .  .  .  .  .  . 

Indian  Day,  observance  of,  annual  proclamation  by 

metropolitan  district  sewer  construction  commission,  as  to 

necessaries  of  life,  emergency  existing  in  respect  to,  establish- 
ment of  emergency  commissions  in  cases  of     . 

north  and  south  metropolitan  sewerage  districts,  additional 
provisions  for  sewage  disposal  needs  of,  powers  and  duties 
in  connection  with        ....... 

pardons,  petitions  for,  revocations  thereof,  etc.,  as  to     . 

public  buildings  and  state  institutions,  construction  of,  or 
improvements  in,  under  provisions  of  certain  appropria- 
tion act,  plans  and  specifications  for,  approval  by   . 

unemployment  compensation  law,  under       .... 

Worcester,  city  of,  and  town  of  Leicester,  land  held  by  com- 
monwealth in,  for  military  purposes,  etc.,  sale  of,  ap- 
proval by,  as  affecting  •.  .  .    • 
See  also  Governor  and  council;    Militia,  commander-in-chief. 
GOVERNOR  AND    COUNCIL: 

in  general,  salaries  and  expenses,  appropriations 

terms  of  office  of  certain  state  officers  appointed  with  approval 
of,  time  for  commencement  of,  ultimate  establishment  of 
February  first  as  ....... 

powers  and  duties,  A.  C.  Ratshesky  Foundation,  gift  from,  of 
certain  land  in  Boston,  acceptance  by  adjutant  general, 
approval  by         .......  . 

American  Legion,  The,  national  convention  of,  in  1940,  repre- 
sentation of  commonwealth  at,  if  held  in  Boston,  ex- 
penditures for,  as  to     .  .  .  .  .        Resolve 

Andrews,  Esther  M.,  portrait  of,  placing  of,  in  state  house, 
as  to  .  .  .  .  .  .  .        Resolve 

civil  service,  director  of,  salary  of,  establishment  by 

rules  and  regulations  regulating  selection  of  persons  to  fill 
positions  under,  approval  by,  relative  to  .  .  . 

conservation,  department  of,  changes,  certain,  in  organization 
and  functions  of,  as  to 

Danvers  state  hospital,  acquisition  by  department  of  mental 
health  of  certain  water  sources  for,  approval  by      . 

emergency  commission,  establishment  by,  under  certain  con- 
ditions       ......... 


Chap. 


383 
99 
20 

52 
491 


502 

476 
238 

491 

261 

418 

448 
423 


495 

56 

512 

261 


512 
479 
309 
495 


328 

309 
495 

304 

338 


53 


Item  or 
Section. 


1 

1 

1.8 


6.  12 


2-4,  6-9,  12 
4 


2 

2 

Page  708 
1 
4 

1,4,  5,8,  10 


1,  Subs.  91, 
9J,  9N;  5. 
Subs.  45;  8 


95-97, 
99-102, 
105,  106 
100,  102 


34 
238 
238 
498 

2 

12 

1 

491 

2-4,  6-9, 12 

357 

1 

261 

4 

1018 


Index. 


GOVERNOR  AND  COVNCIL  — Concluded. 
powers  and  duties  —  Concluded. 

emergency  purposes  arising  in  fiscal  year  ending  November 
30,  1940,  allocation  of  certain  funds  to  departments  or 
agencies  of  commonwealth  for,  as  to       . 

Holden,  town  of,  sanitary  sewers,  certain,  in,  construction, 
etc.,  within  location  of  any  state  highway,  approval  by    . 

hurricane,  forest  fire  hazards  resulting  from,  reduction  of,  by 
removal  of  fallen  trees,  etc.,  on  private  property,  taking 
of  rights  of  way,  etc.,  in  connection  with,  approval  by      . 

Jewish  War  Veterans  of  the  United  States  of  America,  national 
convention  of,  representation  of  commonwealth  at,  ex- 
penditure for,  as  to      .  .  _       .  .  ._       Resolve 

Massachusetts  aeronautics  commission,  supervision  of,  by, 
annual  report  to,  etc.   .  .  _.   _       .  .        _  . 

mental  health,  second  assistant  commissioner  of,  appointment 
and  salary  of,  approval  by    . 

metropolitan  district  sewer  construction  commission,  as  to      . 

Millville  Municipal  Finance  Commission,  as  to      .  . 

Norfolk  state  hospital  for  criminal  insane,  establishment  of, 
as  to  ......... 

pardons,  petitions  for,  and  revocations  thereof,  as  to      . 

Picardi,  Mary,  conveyance  by  department  of  public  works  of 
certain  land  to,  approval  by  .  .  .        Resolve 

representative  districts,  special  commissioners,  boards  of,  to 
divide  counties  into,  etc.,  expenses  of,  approval  by   . 

rivers  and  streams,  improvements,  certain,  in,  for  flood  pro- 
tection purposes,  borrowing  of  money  in  connection  with, 
as  to  .  .  .  .  ...  .  . 

Rutland,  town  of,  sanitary  sewers,  certain,  in,  construction, 
etc.,  within  location  of  any  state  highway,  approval  by     . 

state  camp  ground,  so  called,  in  town  of  Framingham,  me- 
morial plot  at,  establishment  of,  approval  by. 

state  rifle  range,  lands  adjacent  to,  acquisition  and  convey- 
ance of  certain,  by  armory  commission,  approval  by 

tax  titles,  loans  to  cities  and  towns  on  account  of,  as  to   . 

transportation  facilities  in  and  around  Metropolitan  Boston 
area,  special  commission  to  investigate  relative  to,  etc., 
expenditures  by,  approval  by         .  .  .        Resolve 

Yankee  Division  Veterans  Association,  national  convention  of, 
in  1940,  representation  of  commonwealth  at,  expenditure 
for,  as  to    .  .  .  .  .  .  .        Resolve 

See  also  Executive  department. 
Governor's  council  (see  Executive  council;  Governor  and  council). 

Grafton,  state  hospital,  appropriations  ..... 

town  of  (see  Cities  and  towns). 

Grammar  School  Fund,  in  the  town  of  Lincoln,  in  the  county 
of  Middlesex,  Trustees  of  the,  funds  and  other  property 
of,  conveyance  to  town  of  Lincoln,  authorized 

Grand  Army  of  the  Republic,  Department  of  Massachusetts; 
expenses  of,  state  aid  in  defraying  .  .        Resolve 

appropriation    ........ 

Granite  industry,  employees  in,  contracting  silicosis  and  other  occu- 
pational pulmonary  dust  diseases,  workmen's  compensa- 
tion benefits,  extension  to     . 

Granville,  town  of  (see  Cities  and  towns). 

Graves  (see  Cemeteries). 

Great  Hill,  so  called,  Quincy,  city  of,  in,  sea  wall  along  shore  of,  con 
struction  of,  limitation  on  cost  of,  removed 

Great  storm  of  September,  1938  (see  Hurricane  and  floods). 

Green,  Edward  H.  R.,  estate  of,  compensation  of  attorneys,  etc. 
in  connection  with  establishment  of  right  to  assess  inherit- 
ance tax  upon,  method  of  payment,  etc. 

Greenwich,  town  of  (see  Cities  and  towns). 

Greenwood,  Marion  B.,  Trustees  (see  Marion  B.  Greenwood 
Trustees) . 

Greylock,  Mount,  war  memorial,  maintenance  of,  appropriation  . 

Group  life  insurance  (see  Insurance,  classes  of  insurance). 

Guardians  and  conservators,  in  general,  common  trust  funds,  es- 
tablishment, etc.,  by,  investigation  relative  to       Resolve 


Chap. 


518 
286 


Item  or 
Section. 


Page  791 
2 


393  1 

3,  Subs.  43 

511 
512 
514 

2,3 
1,2 
2.6 

485 
479 

1,2 

59 

467 

2 

513 

5 

287 

2 

381 

297 

/288 
1496 

1.2 
2 

64 

45 

|309{ 
[387 

485-485b, 

485d 

2 

49 

1-4 

15 
495 

161a 

465 

1-4 

495 

309 
18 


Page  708 


Index.  1019 

Item  or 
Chap.  Section. 

Guardians  and  conservators  —  Concluded. 

guardians,  insane  wife,  of,  release  of  homestead  estate,  amount  of 

reservation  for,  increased     ......       32  3 

personal  injuries,  actions  by  minors  to  recover  for,  recovery  of 

certain  medical  expenses  in,  by  guardians  thereof     .  .     372  1,  2 

wards  residing  in  another  state,  of,  residential  qualification  of 
certain,  abolished  with  respect  to  certain  probate  pro- 
ceedings in  this  commonwealth      .  .  .  .  .       57 

Guertin,  J.  Emery,  payment  to,  by  town  of  Framingham,  of  certain 

legally  unenforceable  claim  .  .  ...     130  1,  2 

Gunpowder  (see  Explosives  and  inflammable  fluids  and  compounds). 

Gurnet  bridge,  Duxbury,  town  of,  in,  town  way,  to  be  .  .     379  1-3 

Gypsy  and  brown  tail  moths,  suppression  of,  appropriations         .     309   276,  603,  679 

H. 

Habeas  corpus,  superior  court  to  have  original  jurisdiction  concur- 
rently with  supreme  judicial  court  of  all  matters  relating  to     257  1,  2 
Hadley,  town  of  (see  Cities  and  towns). 

Hairdressers,  board  of  registration  of  (see  CivW  ser%'ice  and  regis- 
tration, department  of). 
HAMPDEN    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     452  1 

recreational  advantages,  advertising  of,  expenditures  for    .  .107  1,  2 

representatives  in  general  court,  number  apportioned  to,  arid 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467  1-4 

tax  levy 452  1 

Hampden  County  Council  of  Congregational  Women,  Norton 

Memorial  Fund,  transfer,  etc.,  to  ....       53  2 

HAMPSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     452  1 

Cooley  Dickinson  Hospital,  The,  in  city  of  Northampton,  elec- 
tion as  trustee  of,  of  any  inhabitant  of  any  municipality  in     128 
Goshen,  town  of,  purchase  of  certain  land  in,  for  use  by  the 

trustees  for  county  aid  to  agriculture  in  .  .  .51  1,  2 

recreational  advantages,  advertising  of,  expenditures  for    .  .      105  1,  2 

representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467  1-4 

tax  levy 452  1 

Handcuffs,  carrying  of,  by  penal  institutions  commissioner  of  the 
city  of  Boston  and  his  deputy,  and  by  certain  officers  in 
penal  and  reformatory  institutions  .  .  .  .174 

Hanson,  town  of  (see  Cities  and  towns). 

Harbor  Lines,  Boston  harbor,  in,  Commercial  street  and  Atlantic 
avenue  waterfront,  along,  relocated         .... 

East  Boston,  southerly  and  easterly  sides  of,  along,  relocated 
South  Boston  waterfront,  along,  relocated     .... 

Harbors  (see  Waters  and  waterways). 
Hardwick,  town  of  (see  Cities  and  towns). 
Haverhill,  city  of  (see  Cities  and  towns). 

Hayden-Cartwright  Act,  act  of  congress  known  as,  highway  proj- 
ects under,  use  of  certain  funds  for,  authorized         .  .     513 
Hayden,  Charles,  Foundation  (see  Charles  Hayden  Foundation). 
Hayden,  Stone  &  Co.,  Charles  Hayden  Foundation  authorized  to 

be  a  limited  partner  in,  for  a  certain  period      .  .  .86 

Health,  agencies,  manual  of  health  laws  published  by  department  of 

public  utilities,  distribution  to  certain    .  .  .  .     234 

insurance    (see   Insurance,    classes   of  insurance,   accident   and 

health), 
laws,  manual  of,  published  by  department  of  public  health,  dis- 
tribution to  certain  health  agencies         ....     234 

HEALTH,   LOCAL   BOARDS    OF: 

funeral  directors,  continuance  of  business  after  death  of,  licensing 

by,  further  regulated    .  .  .  .  .  .  .160 

milk  beverages,  so  called,  manufacture,  sale  and  delivery  of  cer- 
tain, regulation  of,  powers  and  duties  as  to     .  .  .     317 
recreational  camps,  overnight  camps  or  cabins  and  trailer  camps, 

licensing  of,  powers  and  duties  as  to       .  .  .  .     416 


402 

1-3 

411 

1,2 

403 

1-3 

1020 


Index. 


Health,  public  (see  Public  health). 

Health,  public,  department  of  (see  Public  health,  department  of) 

Hearings,  legislative,  appropriations  ...... 

Heath  hen,  species  of  bird  extinct  in  this  commonwealth,  acceptance 

by  commonwealth  of  certain  drawing  of  .        Resolve 

Heath  Hen  reservation,  island  of  Martha's  Vineyard,  on,  establish 

ment  as  part  of  the  Martha's  Vineyard  State  Forest 
Heavy  duty  platform  trailers  (see  Motor  vehicles,  trailers). 
Heckman,  John  G.,  city  of  Lynn  authorized  to  sell  a  certain  part 

of  Sluice  pond  to  .  .      _    ._         .     _     .  _        . 

Height  of  buildings,  Boston  airport,,  within  certain  distance  of, 

regulated    ......... 

Highway  Fund,   cities  and  towns  authorized  to  expend  for  local 

highway  purposes  certain  funds  received  in  1938  from 

portion  of,  payment  by  commonwealth  to  its  municipalities  to 
be  expended  by  them  for  local  highway  purposes     . 

Highways  (see  Ways). 

Holden,  town  of  (see  Cities  and  towns). 

HoUiston,  town  of  (see  Cities  and  towns). 

Holyoke,  Box  and  Lumber  Company,  revived  for  certain  purposes   . 

city  of  (see  Cities  and  towns). 
Homestead  estates,  amount  of  exemption  allowed  by  law  to  owners 
of,  increased         ........ 

Homework,  industrial,  school  attendance  law,  as  affecting     . 
Homoeopathic  treatment,  Westborough  state  hospital,   at,   pro- 
vision for,  repealed       ....... 

Hoosick  river,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to    .  .  .  .  .  .        Resolve 

appropriation  ........ 

HORSE     AND     DOG     RACING     MEETINGS     CONDUCTED 

UNDER  PARI-MUTUEL  SYSTEM  OP  WAGERING: 

"breaks",  so  called,  computation  of,  on  basis  of  each  one  dollar 

wagered      ......... 

fairs,  state  and  county,  holding  of  dog  racing  meetings  during 
season  of,  further  regulated  ..... 

licenses  for,  persons  holding,  exempted  from  certain  municipal 
license  fees  ........ 

location  of  race  tracks  where  meetings  are  to  be  held,  public  hear- 
ing prior  to  approval  by  municipal  authorities,  holding  of, 
required      .  .  .  .  .       _   . 

race  tracks,  indoor,  for  dog  racing  meetings,  size  of     . 
tax  on  amounts  wagered  at  dog  racing  meetings,  increased 
Horticultural    societies    (see    Agricultural    and    horticultural    so- 
cieties). 
Horticultural  Society,  Massachusetts  (see  Massachusetts  Horti- 
cultural Society). 
Hospital   benefits   (see  Hospital  service    corporations,  non-profit; 

Insurance,  classes  of  insurance,  accident  and  health). 
Hospital  Cottages  for  Children,  appropriation    .... 

Hospital  districts  (see  Tuberculosis  hospital  districts). 
Hospital  Life  Insurance  Company,  Massachusetts  (see  Massa- 
chusetts Hospital  Life  Insurance  Company). 
HOSPITALS: 

in  general,  alcoholic  beverages,  notice  of  application  for  licenses 

to  sell,  or  for  transfers  thereof,  giving  to  certain,  required 

employees  and  other  persons  connected  with,  prohibited  from 

furnishing   certain   information  about  personal   injury 

cases  to  attorneys  at  law,  etc.    ..... 

copies  of  law  to  be  kept  posted  in   . 
infants  prematurely  born  in,  report  relative  to,  filing  of  . 
or  removed  to,  care  of,  expenses  of,  reimbursement  of  towns 
for,  in  certain  cases      ....... 

labor  of  women  and  children  in,  hours  of,  investigation  as  to, 

continued Resolve 

non-profit  hospital  service  corporations,  further  regulated 
subscriptions  to,  orders  for  payment  of,  exempted  from  laws 
regulating  assignment  of  wages      ..... 
Pondville  Hospital  at  Norfolk,  appropriation 
state  hospitals  for  insane,  etc. : 

in  general,  boarding  out  of  patients,  cost  to  commonwealth    . 

locked  doors  on,  not  to  be  construed  as  violation  of  any  fire 

laws  .......... 


Chap. 

Item  or 
Section. 

309 
495 

25 
25 

16 

132 

70 

1,2 

412 

1-8 

2 
232 
469 
504 

1.2 

32 
461 

1-5 

12 

500 

4 

22  ' 
495 

36c 

497 

505 

1.3 

356 

159 
505 

473 

2 

309 


414 


476 


197 
197 
246 

2 
2 

1 

246 

2 

31 
312 

1-7 

125 
309 

572 

500 

1 

500 

13 

Index. 


1021 


Chap. 
HOSPITALS  —  Concluded. 

State  hospitals  for  insane,  etc.  —  Concluded. 
in  general- —  Concluded. 

observation,  commitments  for,  to,  further  regulated   .  .     500 

restraint,  custody  of  implements  used  for,  further  regulated     500 
sex  crimes,  so  called,  release  or  discharge  of  persons  charged 
with  or  convicted  of,  from,  furnishing  to  certain  authori- 
ties of  information  relative  to         .  .  .  .  .116 

temporary  care  of  certain  persons  needing  immediate  care, 
etc.,  at,  further  regulated      ......     500 

voluntary  admissions  to,  further  regulated  .  .  .     600 

Boston,  appropriations        .  .  .  .  .  .         .  |  gg^ 

I  309 
psychopathic,  appropriations  .  .  .  .  .  <  ^87 

Bridgewater,  sex  crimes,  so  called,  release  or  discharge  of  per- 
sons charged  with  or  convicted  of,  from,  furnishing  to  cer- 
tain authorities  of  information  relative  to        .  .  .116 
temporary  absence  on  leave  of  certain  prisoners  committed 
to,  further  regulated               .                    .          .          .  .54 

transfer  of  insane  criminals  confined  at,  upon  establishment 

of  Norfolk  state  hospital  for  criminal  insane  .  .  . 

Danvers,  appropriations      ....... 

water  supply  for     ........ 

Foxborough,  appropriations  ...... 

Gardner,  appropriations      ....... 

Grafton,  appropriations      ....... 

Medfield,  appropriations     ....... 

metropolitan,  appropriations        ...... 

Monson,  appropriations      ....... 

voluntary  epileptic  patients  in,  further  regulated 
Norfolk  (criminal  insane),  establishment  of,  relative  to  . 

Northampton,  appropriations       ...... 

Taunton,  appropriations      ....... 

Westborough,  appropriations        ...... 

commitments  to,  homoeopathic  treatment,  for,  provision  for, 
repealed      .  ...  .  .  .  .  .  . 

superintendent,  etc.,  at,  certain  requirement  as  to,  repealed 
Worcester,  appropriations  ....... 

See  also  Tewksbury  state  hospital  and  infirmary. 
tuberculosis  (see  Tuberculosis  hospitals). 

hospital  districts  (see  Tuberculosis  hospital  districts). 

See  also  Belmont  Hospital;    City  Hospital  of  Quincy;    Cooley 

Dickinson  Hospital,  The. 

Hospital  School,  Massachusetts,  appropriation  .     309 

Hospital  service  corporations,  non-profit,  further  regulated  312 

subscriptions  to,  orders  for  payment  of,  exempted  from  laws 

regulating  assignments  of  wages    .  .  .  .  .125 

Hotels  (see  Inns,  lodging  houses,  etc.). 
Hours  of  labor  (see  Labor). 

Housatonic  river,  sanitary  condition  of,  compilation  of  certain  in- 
formation relative  to    .  .  .  .  .        Resolve       22 

appropriation  ........     495 

Household  furniture,  etc.,  conditional  sale  of,  contracts  of,  provi- 
sions relating  specially  to      .....  .     509 

See  also  Beds  and  bedding;    Conditional  sales. 
House  of  representatives  (see  General  court). 

Massachusetts  Bay,  of,  journals  of,  purchase  and  distribution 

of  copies  of,  appropriation    ......     309 

Houses  (see  Buildings). 

correction,  of  (see  Penal  and  reformatory  institutions,  counties,  of). 


Item  or 
Section. 


7-9 

10,  11 

481-481b 

2 

480 

2 


309 

482 

387 

2 

357 

1-4 

309 

483,  483b 

387 

2 

309 

484 

387 

2 

309  1 

485-485b, 
485d 

387 

2 

309 

486 

387 

2 

309 

487 

387 

2 

309 

492, 492d 

387 

2 

500 

11 

485 

1.2 

309 

488 

387 

2 

518 

Page  795 

309 

489, 489b 

387 

2 

309 

490 

387 

2 

500 

4 

500 

2,3 

309 

49 1-49 lb 

387 

2 

539 
1-7 


36c 
2,  Subs.  13c 


199a 


1022 


Index. 


Housing,  administrator,  federal,  loans  insured  by,  real  estate,  se- 
cured by,  authority  of  domestic  insurance  companies  to 
make,  relative  to  ....... 

term  during  which  banking  institutions  and  insurance  com- 
panies may  make,  relative  to  .  .  .  .      _    . 

authorities,  bonds,  notes,  etc.,  of,  certain  requirements  relative 
to  form,  certification  and  reports  of  borrowings,  removed 
Housing',  state  board  of,  appropriations 

Hudson,  town  of  (see  Cities  and  towns). 

Hulks  or  wrecks.  East  Boston  waterfront,  lying  along,  removal  of   . 
appropriation  ........ 

Hull,  John  C,  payment  by  state  department  of  public  works  of 
sum  of  money  to,  as  compensation  for  certain  land  taken 
for  highway  purposes  .....        Resolve 

Hull,  town  of  (see  Cities  and  towns). 

Hunting,  motor  vehicles,  carrying  of  certain  firearms  in,  in  areas 
used  for,  restricted        ....... 

See  also  Game  and  inland  fisheries. 

Hurricane  and  floods,  emergency  loans  to  repair  certain  damage 

caused  by,  cities,  towns  and  districts  authorized  to  make 

forest  fire  hazards  resulting  from,  elimination  of,  study  relative  to 

fire  patrol  in  certain  areas  on  account  of,  provision  for   . 

reduction  of,  by  the  removal  of  fallen  trees,  etc.,  on  private 

property     .  .  .  .  .  .  .  .  ■ 

forestry  work  made  necessary  by,  unexpended  balances  of  certain 

appropriations  made  available  for  .  . 

hearing  by  attorney  general  on  subject  of  certain  contracts  to 

repair  damage  caused  by,  expenses  of,  appropriation 
highway  work  made  necessary  by,  funds  for,  reappropriation  of 
certain         ......... 

Ruest,  Ernest,  and  Albert  Ruest,  payment  by  commonwealth  of 

sum  of  money  to,  as  compensation  for  rental  and  loss  of 

two  dories  hired  during  emergency  caused  by         Resolve 

Standish   Hotel,    Inc.,   payment   by   commonwealth   of   sum   of 

money   to,   in   settlement  of   certain   claim   arising  from 

service  of  Massachusetts  national  guard  during       Resolve 

study  and  investigation  by  a  special  commission  relative  to, 

additional  appropriation        .  .  .  _         .  .     _      . 

Timber  Salvage  Commission  created  to  assist  in  the  salvaging, 

etc.,  of  timber  blown  down  in         ....  . 

HUSBAND   AND    WIFE: 

non-support  of  wife  by  her  husband,  law  relative  to,  clarified 
personal   injuries,    actions   by   married   women   to   recover   for, 
recovery  of  certain  medical  expenses  in,   by  husbands 
thereof        ......... 

See  also  Marriage. 
H.  W.  Bassett,  Inc.,  re\'ived        ....... 

Hyannis  state  teachers  college,  appropriations  .... 

Hyde  Park  district  of  Boston,  Dedham  and  Hyde  Park  Gas  and 
Electric  Light  Company,  property  of,  in,  acquisition  by 
city  of  Boston  and  lease  thereof  to  Boston  Consolidated 
Gas  Company,  extension  of  time  for       .... 

Hygiene,  occupational,  division  of  (.see  Labor  and  industries, 
department  of). 


Chap. 

Item  or 
Section. 

359 

241 

26 
309 
495 

512,513 
512 

476 
518 

1 
633b 

462 

63 
99 

247 

ISO 
495 
495 
518 

50 


99 

177 


41 
309 
495 


1,2 
1-4 

Page  706 
232a 

Page  792 


36b 
1-4 
1,2 


1,  2 


389,  390 
389.  390 


1,2 


I. 

Imhof,  Frank,  Co.,  revived  for  certain  purposes  .... 
Immigration  and  Americanization,  division  of  (see  Education, 

department  of). 
Immigration  and  Naturalization  Service  of  the  United  States, 

aliens  applying  for  registration  for  practice  of  medicine  and 
dentistry,  presentation  by,  of  certain  certificate  from 

Income  tax,  division  of  (see  Corporations  and  taxation,  department 
of). 

Income  taxes  (see  Taxes,  incomes,  of). 

Indebtedness,  commonwealth,  of  (see  State  finance), 
county  (see  County  finance), 
municipal  and  district  (see  Municipal  finance). 

Indemnification  of  town  treasurers  and  collectors  (see  Insur- 
ance). 


415 


Index. 


1023 


Indemnity  companies  (see  Insurance,  companies). 

Independent  candidates  for  office   (see  Elections,  independent 

candidates  for  office). 
Independent  contractors  (see  Contractors). 
Indexing,  special  laws,  of,  appropriation        ..... 

vital  statistics,  of,  appropriation      ...... 

Indian  Day,  annual  observance  of,  relative  to        ...  . 

Indian  memorial,  West  Tisbury,  in,  certain  land  taken  for  purpose 

of  prpservation  as  an    .  .  .  .  .  . 

Indian  reservation,  Freetown -Fall  River  state  forest,  establishment 

within  boundaries  of    . 
Indians,   Pocasset   tribe   of,    construction   of  homes  for   certain 

families  of,  within  certain  Indian  reservation 
Indigent  persons  (see  Poor  and  indigent  persons). 
INDUSTRIAL   ACCIDENTS,    DEPARTMENT    OP: 

annual  reports  by,  time  of  making,  relative  to  .  .  . 

appropriations       .......... 

industrial  accident  board,  costs,  provision  for  awarding  of,  in 
certain  workmen's  compensation  cases,  not  to  authorize 
awarding  of  costs  to  or  against      .  ... 

settlements  by  agreement  in  actions  by  certain  injured  em- 
ployees against  persons  other  than  the  insured  in  whom 
there  is  a  legal  liability  to  pay  damages,  powers  and  duties 
as  to  ......... 

reports  to,  as  to  injuries  to  employees,  compelling  employers  to 


Chap. 


Item  or 
Section. 


309 

309 

56 

36 

202 

78 

1,2 

384 

384 

83 
309 
495 

446-451 
Page  716 

401 
245 


workmen's  compensation  insurers,  equitable  distribution  of  re- 
jected risks  among,  and  pooling  of  losses  in  connection 
with  such  risks,  powers  and  duties  as  to 
See  also  Workmen's  compensation. 

Industrial,  development  and,  commission,  Massachusetts, 
appropriations     ........ 

Industrial  diseases  (see  Pulmonary  dust  diseases,  occupational). 

Industrial  education  (see  Vocational  education  and  training;  Vo- 
cational schools). 

Industrial  homework,  school  attendance  law,  as  affecting 

Industrial  Recovery  Act,  National  (see  National  Industrial  Re- 
covery Act). 

Industrial  school,  boys,  for,  appropriation  .  .  .  .  . 

girls,  for,  appropriation  ....... 

Industries,  labor  and,  department  of  (see  Labor  and  industries, 
department  of). 

Infants,   congenital  deformities  and  other  crippling  conditions  in, 
reporting  of  .......  . 

prematurely  born,  care  of  certain,  relative  to    . 

Infirmaries,    employees   and   other  persons   connected   with,   pro- 
hibited from  furnishing  certain  information  about  per- 
sonal injury  cases  to  attorneys  at  law,  etc. 
copies  of  law  to  be  kept  posted  in  .  .  .  .  . 

Infirmary,  state  (see  State  infirmary). 

Infiammable  fluids  and  compounds  (see  Explosives  and  inflam- 
mable fluids  and  compounds). 

Informations  in  the  nature  of  quo  warranto,  superior  court  to 
have  original  jurisdiction  concurrently  with  supreme  ju- 
dicial court  of  all  matters  relating  to       . 

Inheritance  tax  (see  Taxation,  legacies  and  successions,  of). 

INITIATIVE    AND    REFERENDUM: 

biennial  sessions  of  general  court  and  biennial  budget,  initia- 
tive amendment  to  constitution  providing  for  (see  Bien- 
nial sessions  of  general  court  and  biennial  budget). 


/309 

1495 


467,  468 
467.  468 


309 
309 

536 
537 

326 
246 

1.  2 
1,2 

197 
197 

2 
2 

emergency  laws  under,  certain  acts  declared  by  governor  to  be 


f    20 
1  154 

1191 
224 
238 
338 
371 
454 
referendum,  cities,  certain,  in,  bonds,  notes,  etc.,  orders  author- 
izing the  issue  of,  for  certain  purposes,  question  of  approv- 
ing or  disapproving,  for         .  .  .  .  .  .108 

Injunctions,  hospital  service  corporations,  non-profit,  act  regulat- 
ing, under     .........     312 


1.  2 

1-9 

1-55 

1-22 

1.  2 
5 


1024 


Index. 


Injunctions  — •  Concluded. 

motor  fuel  sales  art,  so  called,  under         .  .  .  .  . 

workmen's  compensation  insurers  refusing,  etc.,  to  comply  with 
certain  provisions  relative  to  assignment  of  rejected  risks 
and  pooling,  transaction  of  business  by,  against 
Injury  cases  (see  Personal  injury  cases). 
Ink,  purchases  of,  appropriation  ....... 

Inman  Square  Amusement  Company,  revived  for  certain  pur- 
poses ......... 

INNHOLDERS    AND    COMMON    VICTUALLERS: 

common  victuallers,  keeping  of  premises  of,  open  for  business, 

not  required  throughout  entire  year        .  . 

innholders,    information    relative    to    persons   residing    at   inns, 
lodging  houses,  etc.,  furnishing  of  certain,  in  connection 
with  registration  thereof  as  voters,  duties  as  to 
Inns,  lodging  houses  and  public  lodging  houses,  information 
relative  to  persons  residing  at,  securing  of  certain,  in  con- 
nection with  registration  thereof  as  voters 
Inquests,  motor  vehicle  of  a  common  carrier  of  passengers  for  hire 
by   motor   vehicle,   involving,   representation   of   depart- 
ment of  public  utilities  at      . 
INSANE,  FEEBLE  MINDED  AND  EPILEPTIC  PERSONS: 
boarding  out  of  patients,  cost  to  commonwealth 
care  of,  further  regulated         ...... 

delirium  tremens,  persons  suffering  from,  temporary  care,  treat- 
ment and  detention  of,  further  regulated 
homoeopathic  treatment,   commitments  for,    certain   provisions 
for,  repealed         ........ 

narcotics,  etc.,  persons  addicted  to  intemperate  use  of,  tempo- 
rary care  of,  further  regulated        ..... 

observation,  commitments  for,  further  regulated 
restraint  of,  custody  of  implements  used  for,  further  regulated   . 
schools  for  feeble  minded,  commitments  to,  further  regulated 
temporary  care  of,  needing  immediate  care,  etc.,  further  regu- 
lated   

voluntary  admissions  to  institutions,  further  regulated 
See    also    Defective    delinquents,    departments    for;     Hospitals, 
state  hospitals  for  insane,  etc. ;  Mental  health,  department 
of. 
Insignia,  Yankee  Division  Veterans'  Association,  of,  unauthorized 

use,  penalized       .  .  . 

Insolvency,  equity  jurisdiction  of  cases  arising  under  statutes  relat- 
ing to,  excepted  from  provisions  of  act  extending  to  su- 
perior  court   original   jurisdiction   of   certain   matters   of 
which    the    supreme    judicial    court    has    heretofore    had 
exclusive  jurisdiction   .  .  .  . 

homestead  estates,  amount  of  set-off  permitted  to  owners  of, 
increased    .  .  .  . 

judges  of  (see  Probate  and  insolvency,  judges), 
registers  of  (see  Probate  and  insolvency,  registers). 
See  also  Receivers. 
Inspectional  service,  department  of  labor  and  industries,  appro- 
priation      ......... 

Inspection,  division  of  (see  Public  safety,  department  of). 
Inspectors,  municipal,  pensions  of,  relative  to     . 
Institutions,  savings,  for  (see  Banks  and  banking,  savings  banks). 
Insurance  advisers,   so  called,   definition  of,   and  provision  for 

licensing  and  regulation  of    . 
INSURANCE: 

in  general,   cities  and  towns,  by,  indemnifying  or  protecting 
treasurers  and  collectors  of  taxes  against  loss  by  reason  of 
liability  for  the  loss  of  certain  moneys   .  .  . 

fraternal  benefit  societies  (see  Fraternal  benefit  societies). 
insurance  advisers,  so  called,  licensing  and  regulation  of 
savings  banks,  insurance  of  deposits  in  certain,  annual  assess- 
ments as  a  charge  for,  payment  of  certain       .  .  . 
loans  by,   on  life  insurance  policies,  aggregate  authorized 
amount  of,  increased    ....... 

school  athletic  accident  benefit  plan,  so  called,  insurance  laws 
made  inapplicable  to  certain  organizations  administering 
agents  and  brokers : 

insurance  agencies,  certain,  relations  of  officers,  directors  and 
employees  of  certain  domestic  insurance  companies  with, 
regulated    ......... 


Item  or 
Chap.  Section. 

459  1,  Subs.  295L 

489 

309  200;  Page  367 

169 

431 

369         1, 2 

369         1, 2 


500 
500 

1 
1-13 

500 

7,9 

500 

2-4 

500 
500 
500 
500 

8 
5 
12 
6 

500 
500 

7,9 
10,11 

257 
32 


309 
243 


454 


19 

395 

1-4 

149 

2,3 

244 

5 

167 

Index. 


1025 


INSURANCE  —  Concluded. 
classes  of  insurance: 

accident  and  health,  general  or  blanket  policies  issued  to  em- 
ployers authorized  to  include  certain  benefits  in  favor  of 
dependents  of  employees  insured  thereunder  . 
mailing  of  premium   notices  in  the   case    of    certain,   re- 
quired        ......... 

medical,  hospital,  etc.,  benefits  under,  in  favor  of  dependents 
of  employees,  general  or  blanket  policies  issued  to  em- 
ployers may  also  include       ...... 

fire,  rates,  board  of  appeal  on.  appropriation 
life,  group,  provision  for  continuance  of  coverage  of  a  former 
employee  for  a  period  of  thirty-one  days  after  termination 
of  employment  required  to  be  contained  in  policies  of 
savings  banks,  by  (see  Banking  and  insurance,  department 
of,  savings  bank  life  insurance,  division  of;   Savings  bank 
life  insurance), 
motor  vehicle  liability,  against,  compulsory  (see  Motor  ve- 
hicles, liability  for  bodily  injuries,  etc.,  caused  by,  security 
for), 
non-resident  operators,  certain  requirements  as  to       . 
unemployment  (see  Unemployment  compensation  law), 
workmen's  compensation  (see  Workmen's  compensation). 
See  also,  infra,  companies. 
companies ; 

in  general,  deposits  by  foreign  and  domestic,  with  state  treas- 
urer, form  and  denominations  of  bonds  included  in  . 
financing  and  insuring  of  motor  vehicles  and  trailers  in  the 

commonwealth  by  certain  foreign,  regulated  . 
incorporation  of  mutual,  law  relative  to,  investigation  of, 
appropriation       ........ 

investments  by,  in  real  estate  mortgages,  requirements  for, 
law  modifying,  extended        ...... 

loans  insured  by  federal  housing  administrator,  real  estate, 
secured  by,  authority  of  domestic  insurance  companies 
to  make,  relative  to  ...... 

term  of  act  authorizing  making  by,  extended 
merger  or  consolidation  of  foreign,  with  domestic  insurance 
companies  in  certain  cases,  authorized    .... 

par  value  of  shares  of  capital  stock  of,  minimum  established 

rehabilitation,  conservation  and  liquidation  of  certain  foreign 

and  domestic        ........ 

accident    and    health    policies,    issuing,    mailing   of   premium 
notices  by,  required      ....... 

fire  insurance  and  certain  allied  kinds  of  insurance,  formation 
of  mutual  companies  to  transact,  premium  payments  re- 
quired to  have  been  actually  paid  in  full  in  cash  before 
issuance  of  any  policy  ...... 

liability,  mutual,  additional  financial  requirements  for,  estab- 
lishment of       .......  . 

domestic,  motor  vehicle  liability  policies  or  bonds,  is.suing, 
officers,  directors  and  employees  of,  relations  of,  with  cer- 
tain insurance  agencies  and  finance  companies,  so  called, 
regulated  ........ 

surety,  authorized  to  do  business  in  the  commonwealth,  giving 
of  bonds  secured  by,  by  certain  state  and  county  officers 
and  employees,  requirements  as  to 
title,  receivers  of  insolvent,  made  subject  to  general  laws  re- 
lating to  receivers  of  other  insolvent  insurance  companies 
workmen's   compensation   insurance,    writing,    equitable    dis- 
tribution of  rejected  risks  among,  and  pooling  of  losses  in 
connection  with  such  risks    ...... 

silicosis,  etc.,  benefits  on  account  of,  proposed  premiums  for, 
regulated    ......... 

See  also  Canton  Mutual  Liability  Insurance  Company;   Mas- 
sachusetts Hospital  Life  Insurance  Company. 
See  also  Workmen's  compensation. 
Insurance,   banking  and,  department  of  (see  Banking  and  insur- 
ance, department  of), 
comrnissioner  of  (.see  Banking  and  insurance,  department  of), 
division  of  (see  Banking  and  insurance,  department  of). 
Intelligence  (.see  Electricity,  intelligence,  transmission  by). 
Interest,  abatements  of  local  taxes,  sums  reimbursed  in  case  of,  pay- 
able upon,  if  tax  already  paid,  rate  reduced    . 


Chap. 


133 

209 


133 
309 


Item  or 
Section. 


400 

1-3 

315 

518 

36n 

98 

359 
241 

375 
15 

2 

472 

1-4 

209 

300 

1.2 

488 

1-9 

406 

1.2 

214 

1-7 

225 

489 

465 

2 

1026  Index. 


Item  or 
Chap.  Section. 


87 
309 

1.2 
212 

306 

393 

3  Subs.  44 

259 

1,  2 

67 

1,  2 

373 

1:  3,4 

Interstate  commerce,  foreign  companies  incorporated  for  the  trans- 
mission  of  intelligence   by   electricity,   etc.,   engaged   in, 
within  this  commonwealth,  location  of  lines    . 
sale  and  transfer  to,  of  property  and  locations  of  certain  do- 
mestic corporations       ....... 

Interstate  commerce  commission,  reports  to,  of  net  income  of 
railroad  companies  made  basis  for  certain  requirements 
for  making  certain  railroad  bonds  legal  investments  for 
savings  banks,  etc.        ....... 

Interstate  co-operation,  commission  on,  appropriation 

Interstate  motor  carriers,  exempted  from  payment  of  certain  fees 
in  certain  cases    .  .         _ .  .  . 

Intoxicating  liquor,  aircraft,  operating,  while  under  influence  of, 
penalty        .  .  .  .  . 

motor  vehicles,  operating,  while  under  influence  of,  restoration  of 

licenses  after  conviction  for,  further  regulated  .  .       82 

officers,  certain,  appointed  by  sheriffs  and  penal  institutions  com- 
missioner of  the  city  of  Boston,  removal  of,  known  to  use, 
to  excess     .........     200 

See  also  Alcoholic  beverages. 

J. 

Jails  (see  Penal  and  reformatory  institutions,  counties,  of). 

Janitors,  state  house  (see  State  house). 

Japanese  beetle,  so  called,  suppression  of,  appropriation  .     309  264 

Jewish  War  Veterans  of  the  United  States  of  America,  national 
convention  of,  in  1940,  representation  of  commonwealth 
at,  provision  for,  if  held  in  Boston  .  .        Resolve       68 

Johnston,  Thomas  H.,  teacher  in  school  department  of  city  of  Med- 
ford,  reimbursement  by  said  city  for  money  paid  by  him 
in  defence  of  a  certain  action  at  law  brought  against  him 

Joinder  of  causes  of  action,  relative  to       ...  . 

Joint  stock  companies,  fiividends  on  shares  in,  taxation  of   . 

Joint  water  boards  (see  Water  boards,  joint). 

Jordan  Marsh  Company,  structure  bridging  Avon  street  in  city  of 

Boston,  construction  and  maintenance  by,  etc.,  authorized     340  1-3 

Journals,  house  of  representatives  of  Massachusetts  bay,  of,  pur- 
chase and  distribution  of  copies  of,  appropriation      .  .     309  199a 

J.  S.  Gushing  Company,  claim,  certain,  of,  payment  of,  appropria- 
tion        495  205a 

Judge  advocate,  state,  appropriation  .....     309  147 

revision  of  militia  laws,  as  affecting  .....     425   1,  Subs.  69(b) 

Judges  and  justices  (see  Courts;  District  courts;  Probate  courts; 
Supreme  judicial  and  superior  courts;   Trial  justices). 

JUDICIAL    COUNCIL: 

appellate  court,  providing  for  establishing  its  jurisdiction  and 
providing  for  appeals  therefrom  to  supreme  judicial  court, 
investigation  relative  to,  by  .  .  .        Resolve       17 

appropriation         .........     309  56,  57 

common  trust  funds,  investigation  relative  to,  by      .        Resolve       18 
creditors,  assignments  for  benefit  of,  common  law,  regulation  of, 

investigation  relative  to,  by  .  .  .        Resolve       20 

trusts  for  benefit  of,  making  subject  to  jurisdiction  of  probate 

courts,  investigation  relative  to,  by         .  .        Resolve       20 

Junior  colleges,  petitions  for  incorporation  of,  or  for  authority  to 

use  the  designation  thereof,  regulated     .  .        _  .  .     424  1-3 

See  also  Chamberlayne  Junior  College;   Pine  Manor  Junior  Col- 
lege. 

Juvenile  court,  Boston  (see  Boston  juvenile  court). 

Juvenile  court  system,  investigation  and  study  of  Resolve       43 

Juvenile  training,  division  of  (see  Public  welfare,  department  of). 

K. 

Keliher,  John  A.,  late  sheriff  of  Suffolk  county,  payment  of  sum  of 

money  to  widow  of,  by  said  county         .  .  .  .211  1,  2 

Kennels,  public  nuisance,  abatement  of  certain  conditions  constitut- 
ing, at,  proceedings  for  ......     206 

Kerrigan,  John  J.,  Jr.,  parents  of,  payment  by  commonwealth  of 

compensation  to  .....        Resolve       28 

appropriation  .  .  .  .  .  .  .  .518  2B 


Index. 


1027 


Chap. 

Klingelf uss,  Grace  M. ,  acts  as  notary  public  validated    .        Resolve        9 

Kneeland,  Viola,  acts  as  notary  public  validated  Resolve         6 

Knightsville  reservoir,  flood  control  project  on  Westfield  river,  ac-"|  254 

quisition  of  land  by  United  States  for,  consent  to,  grant-  1^  ^qq 

ing  of J  ^^-^ 


Item  or 
Section. 


1-3 


L. 

Labels,  commercial  feeding  stuff,  certain  packages,  lots,  etc.,  of,  on, 
contents  of,  further  regulated         ..... 
LABOR: 

apprentice  training,  commission  on,  continued 

expenses,  appropriation       ....... 

children,  of  (see,  infra,  minors,  of). 

conciliation  and  arbitration,  board  of,  agents,  employment  of 
certain,  by,  to  be  subject  to  approval  of  commissioner  of 
labor  and  industries     ....... 

consecutive  hours  of  (see,  infra,  hours). 

co-operating  emplojTnent,  school  attendance  law,  as  affecting 

employees'  contributions  to  the  unemployment  compensation 
fund,  abolished    ........ 

financial  institutions,  women  and  children  employed  in,  hours  of 

forty-eight  hour  law,  so  called,  women  and  children,  for,  scope 
broadened  ........ 

garages,  women  and  children  employed  in,  hours  of   . 

granite  industry,  employees  in,  contracting  silicosis,  etc.,  exten- 
sion to,  of  benefits  under  workmen's  compensation  law    . 

hours,  consecutive  hours,  number  restricted  in  certain  cases 

forty-eight   hour  law,   so   called,   women   and   children,   for, 
scope  broadened  ....... 

hospitals,   nursing  or  convalescent  homes,  etc.,   women   and 
children  in,  of,  investigation  as  to,  continued  .        Resolve 

meals,  for  (see,  infra,  meals). 

minors,  of  (see,  iiifra,  minors,  of,  hours  of  labor). 

rest,  for,  requirement  of,  extended  to  mechanical  establish- 
ments and  workshops  ....... 

wage  and  hour  standards,  adoption  of,  within  this  common- 
wealth, investigation  as  to  .  .  Resolve 
appropriation       ... 

women  employed  in  textile  industry,  of,  six  o'clock  law,  so 
called,  relating  to,  suspension  until  April  1,  1941 

See  also,  infra,  one  day's  rest  in  seven  law,  so  called, 
industrial  homework,  school  attendance  law,  as  affecting  . 
labor  relations  commission,  appropriations        .... 

labor  relations  law,  state,  so  called,  craft  unit,  designation  of, 
as  appropriate  unit  for  collective  bargaining,  when 

letter  shops,  women  and  children  employed  in,  hours  of     . 

meals,  hours  for,  for  women  and  children  in  factories,  workshops 
and  mechanical  and  mercantile  establishments 

minimum  wage,  evidence  of  the  establishment  of  minimum  fair 
wage  rates,  relative  to  ...... 


minors,  of,  in  general,  further  regulated 


co-operative  courses,  in  connection  with,  school  attendance 
law,  as  affecting  ....... 

eighteen,  under,  hours  of  labor  of  certain  boys,  further  regu- 
lated ......... 

employment  permits,  issuance,  etc.,  of,  regulated  . 

farm  service,  in,  school  attendance  law,  as  affecting 
hospitals,  nursing  or  convalescent  homes,  etc.,  in,  hours  of, 
investigation  as  to,  continued        .  .  Resolve 


471 

518 

454a 

111 

461 

3,  4,  4A,  9 

319 
377 

1-11 

377 
377 

465 
348 
352 
377 
461 

1-4 
6 

377 

31 

235 


52 

495 


461 
f309 
[518 

318 
377 

280 

275 
'193 

255 

273 

280 

348 

352 

377 
,461 

461 
'255 
.348 

461  I 

461 


12 
469,  470 
469,  470 


1.2 


4-13 
3,4,9 


3,  4A, 
6-11, 13 


31 


1028  Index. 


Item  or 
Chap.  Section. 


LABOR  —  Contimied. 

minors,  of  —  Concluded 


348 
hours  of  labor,  consecutive  hours,  number  restricted  in  certain  I  352 
cases  .  .  .  .  .  •  .  •  •   I  ^^^ 

I  461 
/348 

\  377 

forty-eight  hour  law,  so  called,  scope  broadened  .  .     377 


decreased  in  certain  cases 


regulated,  further 


255 
348 
352 
461  6, 8 


six  o'clock  in  morning,  before,  restricted    .  .  .  .     255 

meals,  hours  for,  in  factories,  workshops  and  mechanical  and 

mercantile  establishments     ......      280 


273 

461  5 


hours  of  labor  of  certain 


pool  or  billiard  rooms,  in,  restricted      .... 

private  domestic  service,  in,  school  attendance  law,  as  affecting     461  3 

school  attendance  law,  as  affecting        .....     461  1-13 

six  o'clock  in  morning,  before,  restricted        ....     255 

sixteen,  under,  employment  permits  for,  issuance  of,  regulated     461  9,  10 

'  193  1 
forbidden  in  certain  cases          .          .          .          .          .          .  \  273 

461  5, 6 

352 

461  6 

stables,  certain,  in,  restricted       .  .  .  .  .  .  i  tg^  g 

street  trades,  in,  further  regulated         .....     461  7, 8 

theatres,  stage  of  certain,  upon,  further  regulated  .  .  |  ^^^  '  ^ 

twenty-one,   under,   hours  of  labor  of  certain  girls,   further  1 255 
regulated .  .1348 

newspapers,  magazines,  etc.,  sale  of,  in  streets  by  certain  minors, 

further  regulated  .  .  .  .  .  .  .461  7,  8 

offices,  women  and  children  employed  in,  hours  of     .  .  .     377 

one  day's  rest  in  seven  law,  so  called,  requirement  of,  extended 

to  mechanical  establishments  and  workshops  .  .      235  1 

pool  or  billiard  rooms,  employment  of  minors  in,  restricted         .  <  ~y^  g 

private  clubs,  women  and  children  employed  in,  hours  of  .      _    .      377 

public  employees,  compensation  under  workmen's  compensation  f  309  664 

law  for  injuries  sustained  by,  appropriations  .  .  .  \  495  664 

payment  of  wages  or  salaries  to,  in  certain  cases  where  com- 
pensation for  total  incapacity  is  payable  under  workmen's 
compensation  law,  prohibited         .....     435 

reserve  police  officers  employed  on  public  works,  rate  of  com- 
pensation paid  to,  regulated  .  .        _  .  .  .     252 

rest,  hours  of,  requirement  of,  extended  to  mechanical  establish- 
ments and  workshops  .  ._  .  .     _      .  .  .     235 

school  attendance,  compulsory,  raising  of  age  limit  for,  as  affect- 
ing certain  labor  laws  ....... 

silicosis,  etc.,  employees  in  granite  industry  contracting,  exten- 
sion to,  of  benefits  under  workmen's  compensation  law 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  in 
textile  industry,  suspension  until  April  1,  1941 

stables,  certain,  employment  of  certain  minors  in,  restricted 


Sunday  workers,  schedules  of,  filing  of,  with  department  of  labor 

and  industries,  requirement  as  to,  repealed 
posting  of,  by  certain  employers,  requirement  as  to,  extended 
telephone  companies,  women  and  children  employed  by,  hours 

of  labor  of,  relative  to  .  . 

theatres,   appearance  of  certain  children  on  stage  of,   further 

regulated    ......... 

employment  of  women  and  children  in  certain,  hours  of  . 
transportation   companies,   women  and   children  employed   by, 

hours  of  labor  of,  relative  to  .....     377 

unemployment  compensation  (see  Unemployment  compensation 

law). 
wage  and   hour  standards,   adoption   of,   within   this  common- 
wealth, investigation  as  to  .  .  .        Resolve       52 

appropriation      ........     495  36g 


235 

1 

461 

1-13 

465 

1-4 

96 
273 
461 

5 

235 
235 

2 
2 

377 

193 

377 

1,2 

Index. 


1029 


Chap. 


Item  or 
Section. 


LABOR  —  Concluded. 

wages,  assignment  of,  orders  for  payment  of  subscriptions  to 
non-profit  hospital   ser\ace   corporations  exempted  from 
laws  regulating    ........      125 

See  also,  supra,  minimum  wage, 
women,  of,  forty-eight  hour  law,  so  called,  for,  scope  broadened     377 
hospitals,  nursing  or  convalescent  homes,  etc.,  in,  hours  of, 

investigation  as  to,  continued         .  .  .        Resolve       31 

hours  for  meals  in  factories,  workshops  and  mechanical  and 

mercantile  establishments  .  .  .  .  .     280 

hours  of,  textile  industry,  in,  six  o'clock  law,  so  called,  relating 

to,  suspension  until  April  1,  1941  .  .  .96 

youth  of  commonwealth,  employment  problems  of,  study  rela- 
tive to     .  .  .  .  .  .  .        Resolve       38 

appropriation       ........     495  36d 

See  also  Employers  and  employees;    Employment;    Labor  and 
industries,  department  of;    Massachusetts  development 
and  industrial  commission;    Unemployment;    Workmen's 
compensation. 
LABOR   AND   INDUSTRIES,    DEPARTMENT   OF: 

in  general,  apprentice  training,  commission  on,  continued  .  .     471 

( 309  452-468 

appropriations i  495  467,  468 

[  518         454a,  465a 
children  under  sixteen,  employment  of,  further  regulation  of, 

powers  and  duties  as  to         .  .  .  .  .  .     461  9,  11 

hospitals,  nursing  or  convalescent  homes,  etc.,  hours  of  labor 
of  women  aiid  children  in,  investigation  relative  to,  by, 
etc.,  continued     ......        Resolve       31 

Monette,  Joseph,  employed  in,  membership  in  state  retirement 

system        .  .  .  .  .  .  .  .  478 

Sunday  workers,  schedules  of,  filing  of,  with,  requirement  as 

to,  repealed .•     235  2 

commissioner,  agents,  certain,  employment  by  board  of  concili- 
ation and  arbitration,  approval  by  .  .  .  .111 

emergency  commission  to  act  in  cases  of  an  emergency  in  re- 
spect to  necessaries  of  life,  member  of,  to  be  .  .  .     261  4 
evidence  of  the  establishment  of  minimum  fair  wage  rates,  copy 
of  mandatory  order  covering  any  occupation  signed  by, 
etc.,  to  constitute          .......     275 

offices,  women  and  children  employed  in,  hours  of  labor  of, 

powers  and  duties  as  to         .  .  .  .  .  .     377 

six  o'clock  law,  so  called,  relating  to  employment  of  women  in 

textile  industry,  suspension  until  April  1,  1941  .  .       96 

theatres,  appearance  of  certain  children  on  stage  of  certain,  f  193  1 ,  2 

regulation  by       .  .  .  .  .  .  \  461  5 

conciliation  and  arbitration,  board  of,  agents,  employment  of  cer- 
tain, by,  subject  to  approval  of  commissioner  of  labor  and 
industries   .  .  .  .  .  .  .  .  .111 

appropriation 309  460,  461 

inspectional  service,  appropriation  .....     309  454 

labor  relations  commission,  appropriations        .  .  .  .  <  Ti^  .^q    .ij; 

craft  units,  designation  by,  as  appropriate  unit  for  collective 

bargaining,  powers  and  duties  as  to,  as  affecting       .  .     318 

Massachusetts  development  and  industrial  commission,  appro-  /  309  467,  468 

priations \  495  467,  468 

minimum  wage  service,  appropriations     .....     309  462,  464 

necessaries  of  life,  division  on,  appropriations  ....     309  458,  459 
director,  office  combined  with  office  of  director  of  standards 
under  the  name  of  director  of  standards  and  necessaries 

of  life 261  1-25 

motor  fuel  sales  act,  so  called,  administration  and  enforcement 

of,  appropriation       .......     518  465a 

f  1,  Subs. 

459  295B. 

^^^     295H-295K; 

I  2 

309  455.  456 


powers  and  duties  as  to 


occupational  hygiene,  division  of,  appropriations 

public  employment  offices,  division  of,  replaced  by  bureau  of 

public  employment  offices  in  division  of  unemployment 

compensation      ........ 

standards  and  necessaries  of  life,  director  on  (see,  supra,  neces- 
saries of  life,  division  on;  infra,  standards,  division  of). 


1,  Subs.  9L 


1030 


Index. 


LABOR  AND  INDUSTRIES,   DEPARTMENT  OF  —  Concluded. 
standards,  division  of,  appropriations       .  .  •    .   .  : 

director,  office  combined  with  office  of  director  of  division  on 
the  necessaries  of  hfe  under  the  name  of  director  of  stand- 
ards and  necessaries  of  life    . 
statistical  service,  appropriation      ...... 

unemployment  compensation,  division  of,  board  of  review  in,  I 
appointment,  powers,  duties,  etc.  .  1 

director,  changes  in  state  unemployment  compensation  law  so 
as  to  conform  to  federal  railroad  unemployment  insurance 
act,  powers  and  duties  of,  as  affecting    .... 
free  public  employment  offices,  establishment,  etc.,  powers  ^ 
and  duties  as  to 

office  established,  powers,  duties,  etc.  .  .  .  < 

employment  offices,  public,  bureau  of,  establishment  in 
establishment,  etc.      ........ 

state  advisory  council  in,  reorganized  and  powers  and  duties  ^ 
further  defined    ........ 

wage  boards,  appropriation     ....... 

Laboratories,  bacteriological,  certificates  of  approval  relative  to, 
issuance  by  state  department  of  public  health,  authorized 
Laborers,  municipal,  pensions  of,  relative  to  .  . 

sewerage  districts  and  certain  joint  water  boards,  of,  retirement 
of,  providing  for,  and  regulating  the  manner  of  comput- 
ing, for  retirement  purposes,  the  time  of  service  of  laborers 
retired  by  certain  water  and  sewerage  districts  and  certain 
joint  water  boards         ....... 

See  also  Labor. 
Labor  relations  commission,  appropriations 

craft  units,   designation  by,   as  appropriate  unit  for  collective 
bargaining,  powers  and  duties  as  to,  as  affecting 
LABOR   RELATIONS   LAW,    STATE,    SO    CALLED: 

appropriation  for  administration  of  ..... 

craft   unit,    designation   of,    as   appropriate   unit   for   collective 
bargaining  under,  when  ...... 

Lagoon  pond.  Oak  Bluffs,  in,  acquisition  by  commissioner  of  conser- 
vation of  location  in,  for  plant  for  propagation  of  lobsters 
Lakes  (see  Waters  and  waterways). 
Lakeville,  state  sanatorium,  appropriation     ..... 

town  of  (see  Cities  and  towns). 
Land,  low  value,  formerly  held  by  a  city  or  town  under  tax  title, 
care  and  disposal  of,  after  acquisition  of  absolute  title 
through  sale  thereof     .  .  .  .  .  .  _        . 

public  purposes,  held  for,  payments  in  lieu  of  taxes  on,  providing 

for,  investigation  relative  to  .  .  .        Resolve 

redemption  of  subdivisions  of,  taken  or  sold  for  taxes,  relative  to 

taking  of,  for  non-payment  of  taxes  (see  Taxation,  local  taxes, 

collection  of,  sale  or  taking  of  land,  by), 
taxation  of  (see  Taxation,  local  taxes). 

value  of,  inclusion  of,  in  determining  amount  of  expenditures 
which  may  be  required  of  owner  or  occupant  of  premises 
for  fire  prevention  purposes  ..... 

See  also  Real  property. 
LAND    COURT: 

appropriations       ......... 

chief  title  examiner  of,  present,  tenure  of  .  .  . 

justices,  retired,  pensions  for,  appropriation 

records  of,  extension  of  papers  on,  and  disposal  of  obsolete  and 

useless  papers,  relative  to      .  .      _    . 

taxes,  taking  of  land  for  non-payment  of,  instruments  of,  fees 

for  registering  with       ...... 

tax  titles,  redemption,  subdivisions  of  property  taken  or  sold 

of,  powers  as  to  . 
Landing  fields  (see  Aircraft). 


Chap. 
309 

261 


Item  or 
Section. 


465.  466 


1-25 

457 

l.Subs.  9N; 

20^    3,  Subs.  28, 

29,31;    8 

15,  Subs.  27, 


490 


28 


374 
20 


20 


20 


490 


4-6 

1,  Subs.  9L, 

9M 

374  4 

20  1-9 

490  15,  18,  20,  22 

20       1,  Subs.  9L 

1 

1,  3,  Subs. 

26,31; 

4-6.8 

15,  Subs.  26 

463 


344 

243 


44 
181 


1,2 


309 
51S 

469,  470 
469,  470 

318 

309 
518 

469,  470 
469,  470 

318 

385 

2 

309 

568 

309/ 

16 
309 

87-89; 

Page  367 

1,2 

90 

157 

1-4 

13 

181 

Index. 


1031 


Languages,  modern,  teaching  of  certain,  in  certain  high  schools, 

requirements  as  to        . 
Lawrence,  ffity  of  (see  Cities  and  towns). 
Laws,  emergency  (see  Emergency  laws). 

printing  and  distribution  of,  changes  in  provisions  relative  to, 
necessitated  by  adoption  of  biennial  sessions  of  general 
court  ......... 

special,  indexing  of,  appropriation  .  .  . 

state,  uniform,  commissioners  on,  appropriation 
See  also  Acts  and  resolves;   General  Laws;   Statutes. 
Lawyers  (see  Attorneys). 

Lechmere  canal,  Charles  river  basin,  in,  dredging  of,  appropria- 
tion ......... 

Legacies  and  successions,  tax  on,  gifts,  deeds  or  grants  made  not 
more  than  one  year  prior  to  death  of  grantor  or  donor 
deemed  prima  facie  in  contemplation  of  death  for  purposes 
of       .  .  .  .  .  .  .  . 

temporary  additional,  and  temporary  increase  in  rates  thereof, 
imposition,  etc.    ........ 

valuation  and  appraisal  of  property  in  connection  with,  law 
relative  to,  amended     ....... 

See  also  Green,  Edward  H.  R.,  Estate  of. 

Legal  investments,  savings  banks,  etc.,  for  (see  Banks  and  banking). 

Legal  services,  pardons,  paroles,  etc.,  persons  representing  prisoners 

for  purpose  of  obtaining  granting  of,  fees  of,  for,  regulated 

Legislative  counsel,  municipal,  exempted  from  provisions  of  law 

authorizing  cities  and  towns  to  place  certain  offices  under 

civil  service  laws  ....... 

Legislative  document  room  (see  General  court). 

Legislature  (see  General  court). 

Leicester,  town  of  (see  Cities  and  towns). 

Lenox,  town  of  (see  Cities  and  towns). 

Letter  shops,  women  and  children  employed  in,  hours  of  labor 

Lexington,  town  of  (see  Cities  and  towns). 

Liability  insurance  (see  Insurance,  classes  of  insurance). 

Libraries,  public,  division  of  (see  Education,  department  of). 

Library,  state  (see  State  hbrary) . 

LICENSES   AND   PERMITS: 

aircraft  and  airmen,  of,  issued  by  federal  government,  registra- 
tion of,  etc.  ........ 

alcoholic  beverages,  manufacture,   transportation,  sale,  etc.,  of 

(see  Alcoholic  beverages). 
Avon  street  in  Boston,  structure  bridging,  construction  and  main 

tenance  of  .  .  . 

bedding  and  upholstered  furniture  manufactured  outside  com 

monwealth,  sale  of,  by  certain  persons  . 
cigarettes,  distributors  and  dea,lers  .... 

common  victuallers,  persons  licensed  as,  not  required  to  keep 

premises  open  for  business  throughout  entire  year  . 

dancing  schools,  so  called,  in  Boston  and  certain  other  cities  and 

towns  ........ 

dog  racing  meetings  (see  Horse  and  dog  racing  meetings  con- 
ducted under  pari-mutuel  system  of  wagering) . 
dogs,  specially  trained  to  lead  and  serve  the  bhnd,  exempt  from 
fee  for         ......... 

drug  business,  retail,  to  transact      ...... 

explosives  and  inflammables,  erection  and  use  of  buildings,  etc., 
for  storage,  etc.,  of,  applications  for  reinstatement  of  li- 
censes for,  notification  of  local  authorities  of,  and  of  the 
action  taken  thereon    ....... 

fraternal  benefit  societies,  foreign,  renewal  of  licenses  of,  notice 

and  hearing  required  before  refusal  to  issue     . 
funeral  directors,  continuance  of  business  after  death  of,  issu- 
ance, further  regulated  ...... 

horse  and  dog  racing  meetings  (see  Horse  and  dog  racing  meet- 
ings conducted  under  pari-mutuel  system  of  wagering), 
insurance  advisers,  so  called  ....... 

interstate  motor  carriers,  exempted  from  payment  of  certain  fees 
for,  in  certain  cases       ....... 

kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  proceedings  for       .....  . 

milk  beverages,  so  called,  sale,  delivery,  etc.     .... 

motor  fuel,  sales  at  retail        ....... 


Chap. 
311 


.508 
309 
309 


309 


Item  or 
Section. 


36 
168 


380 

454 

20-22 

494 

1.2 

484 

183 

393  3,  Subs.  47-50 


340 


351 

454 


431 
2.53 


23 

138 


333 

168 
160 

395 
306 


206 
317 
439 


1-3 

1-18 


3 

1-4 


1-3 


1032  Index. 


Item  or 
Chap.  Section. 


LICENSES    AND    PERMITS  —  Concluded. 

motor  vehicles,  passengers,  carrying,  for  hire,  licensing  of  routes 
for,  in  Boston,  to  licensee  of  i-oute  from  Fall  River  to  Bos- 
ton-Milton boundary  line     ......      11.3  1,2 

property,  transporting,  replacing  of  lost  or  destroyed  certifi- 
cates, permits  or  licenses  issued  for,  relative  to  .  .     322 
to  operate,  restoration  of,  after  conviction  for  drunken  driv- 
ing, further  regulated  .......       82 

See  also  Motor  vehicles, 
newsboys,  badges  of  certain,  maximum  fee  for  .  .  .94 

non-residents,  operation  of  motor  vehicles  by,  certain,  for,  dis- 
continued .  .  .  .  .    _      .  .   _       .  .     325 

recreational  camps,  overnight  camps  or  cabins  and  trailer  camps     416 
rivers  and  streams,  building  of  structures,  etc.,  in,  with  respect  to 
which  expenditures  of  federal,  state  or  municipal  funds 
have  been  made  for  any  form  of  flood  protection  work, 
licensing  of  ........     513  6 

special  and  chartered  buses,  so  called        .....     404  1,  2 

Lieutenant  governor,  salary  and  expenses,  appropriations       .  .  |  ^q?  '       '  ]^ 

Life  insurance  (see  Insurance,  classes  of  insurance,  life). 

Lighting,  street  (see  Street  lighting). 

Limitation  of  actions,  accident  and  health  insurance,  actions  on 
policies  for  non-compliance  with  requirements  relative  to 
mailing  of  premium  notices  .  .  .  ...     209 

administrators  de  bonis  non,  suits  against,  statutory  limitations 

applicable  to,  established       .  .  .  .  .  .     298 

welfare  aid  rendered  to  persons  having  lawful  settlements  in  other 
cities  and  towns,  suits  by  cities  and  towns  to  recover  for, 
time  extended  for  bringing    .  .  .  .  .  .39  1,2 

Limited  town  meetings  (see  Town  meetings,  limited,  etc.). 

Lincoln,   Grammar  School   Fund,   in  the  town  of  Lincoln,  in  the 
County  of  Middlesex,  Trustees  of  the,  funds  and  other 

property  of,  conveyance  to  town  of  Lincoln,  authorized      .       49  1-4 

town  of  (see  Cities  and  towns). 

Linen    Thread    Company    Incorporated,    of   Delaware,    The, 
rights  of,  in  certain  water  rights  in  Lake  Quinsigamond 
and    certain   ponds  in  Worcester  county,   determination 
of       .......  .        Resolve       40 

appropriation  ........     495  36h 

Liquidations,  division  of  (see  Banking  and  insurance  of,  depart-  • 
ment  of). 

Liquors,     intoxicating     (see    Alcoholic    beverages;     Intoxicating 
liquor). 

Listing,  inhabitants  of  cities  and  towns,  of,  relative  to   .  .  .  |  ^^^  2 

Little  Good  Harbor  beach,  city  of  Gloucester  authorized  to  borrow 

money  to  acquire,  for  playground  purposes     .  .  .     310  1,  2 

Livestock  disease  control,  division  of  (see  Agriculture,  depart- 
ment of). 
Loan  agencies,  banks  and,  division  of  (see  Banking  and  insurance, 
department  of), 
supervisor  of  (see  Banking  and  insurance,  department  of). 
Loans,  banks,  by  (see  Banks  and  banking), 
county  (see  County  finance), 
municipal  (see  Municipal  finance), 
state  (see  State  finance). 
Lobsters,  propagation  of,  commonwealth,  by,  further  investigation 

relative  to  ......        Resolve       23 

Ijlant  for,  establishment  and  maintenance  of,  and  acquisition 

of  certain  land  in  town  of  Oak  Bluffs  for  such  purpose 

appropriation       ........ 

purchasing  of,  expenses  of,  appropriation  .... 

Locations,  companies  incorporated  for  the  transmission  of  intelli- 
gence by  electricity,   of,   laws  relative  to,  to  apply  to 
certain  foreign  corporations  .  .  .  .  .161 

transfer  to  domestic  or  foreign  corporations  organized  for  the 

same  purpose       .  .  .  .  .  .  .  .162 

Lodging  houses  (see  Inns,  lodging  houses,  etc.). 
Longmeadow,  town  of  (see  Cities  and  towns). 
Long  pond,    Worcester  county,   in,   water  rights  in,   etc.,   present 

status  and  u.se  of,  determination  of     .  .        Resolve       40 

appropriation       ........     495 


385 

1.2 

518 

311a 

495 

310 

273 
348 
352 
461 

5,  6,  9 

17 
309 

1-14 
538 

143 
336 

1-14 

Index.  1033 

Item  or 
Chap.  Section. 

Lord's  Day,  schedules  of  workers  on,  filing  of,  with  department  of 

labor  and  industries,  requirements  as  to,  repealed    .  .     235  2 

posting  of,  by  certain  employers,  requirement  as  to,  extended     235  2 

Lowell,  state  teachers  college,  appropriations  .  .  .  .  i  ^gr  gq^ 

textile  institute,  appropriation  ......     309  402 

Lower  Naukeag  reservoir,  flood  control  project  on  Millers  river,  "I  234 

acquisition   of   land    by    United   States   for,    consent   to,  ^  ^gg  j_2 

granting  of  ......  .  .  J       ' 

Low  lands.  Lake  Quannapowitt,  adjacent  to,  drainage  of  certain, 

in  town  of  Reading       .  .  .  .  .  .  .     458  1-7 

Low  value  land,  formerly  held  by  a  city  or  towTi  under  tax  title,  care 
and  disposal  of,  after  acquisition  of  absolute  title  through 
sale  thereof  ........      123 

Ludlow,  town  of  (see  Cities  and  towns). 

Lumber  yards,  employment  and  hours  of  labor  of  certain  minors  in, 
further  regulated  ....... 

Lunenburg,  town  of  (see  Cities  and  towns). 

Water  District  of  Lunenburg,  establishment,  etc. 
Lyman  school  for  boys,  appropriation         ..... 
Lynn,  city  of  (see  Cities  and  towns). 

Gas  and  Electric  Company,  underpass  for  school  children  under 
Broad  street  in  city  of  Lynn,  construction  of,  powers  and 
duties  as  to 
Lynnfield,  Center  Water  District,  estabhshment,  etc.     . 

town  of  (see  Cities  and  towns). 
Lyons,  William  F.,  Fall  River,  of,  payment  of  certain  compensation 

by  Bristol  county  to 150  1,2 

M. 

Machines,  voting  (see  Voting  machines). 

Maguire,  Thomas,  payment  of  sum  of  money  to,  by  town  of  Hud- 
son, authorized    .  .  .  .  .-.•.•  •     240  1-3 

Maintenance,  employees  of  commonwealth  receiving,  continuance 
during  period  of  total  incapacity  under  workmen's  com- 
pensation law,  authorized      ......     435 

Malt  beverages  (see  Alcoholic  beverages). 

Mammals  (see  Game  and  inland  fisheries:   birds  and  mammals). 

Mandamus,  superior  court  to  have  original  jurisdiction,  concurrently 
with  supreme  judicial  court  of  certain  proceedings  relating 

to 257  1,  2 

writs  of,  civil  service,  appointments,  etc.,  to  position  under,  re- 
ports of,  to  compel  filing       .  .  .  .  .  .     422  1,2 

representative  districts,  division  of  counties  into,  and  assign- 
ment of  representatives  thereto,  jurisdiction  of  supreme 
judicial  court  of  petitions  for,  in  connection  with     .  .     467  3 

Manslaughter,  granting  of  new  trial  in  superior  court  in  certain  cases 

of,  relative  to _     _.  .  .271  1,  2 

Manual  of  the  general  court,  printing  of,  appropriation       .  .     309  24 

Manufacturers  and  Employers  Association,  use  by,  of  state  ar- 
mory in  city  of  Taunton  for  exposition  purposes  during 
certain  tercentenary  celebration     .  .  .        Resolve       11 

Manufacturing  corporations,  taxation  of  (see  Taxation,  corpora- 
tions, of). 

[255 

Manufacturing  establishments,  employment  and  hours  of  labor  I  348 
of  certain  minors  in,  further  regulated    .  .  .  .1  352 

[461  5,6,9 

Marblehead,  town  of  (see  Cities  and  towns). 

Marine  fisheries  (see  Fish  and  fisheries). 

division  of  (see  Conservation,  department  of). 
state  supervisor  of  (see  Conservation,  department  of,  divisions  of, 
fisheries  and  game). 

Marines  (see  Soldiers,  sailors  and  marines). 

Marion  B.  Greenwood  Trustees,  land,  certain,  in  town  of  Goshen 
owned  by,  purchase  by  Hampshire  county  commissioners 
U>T  agricultural  purposes        ......        51  1,  2 

Marion,  town  of  (see  Cities  and  towns). 

Markets,  division  of  (see  Agriculture,  department  of). 


1034 


Index. 


Chap. 
Marking,  bedding  and  upholstered  furniture  manufactured  outside 

commonwealth,  of,  for  sale  by  certain  persons  .  .351 

beds,  bedding,  etc.,  consisting  in  whole  or  in  part  of  second  hand 

metal,  of,  requirements  as  to  .  .  .  .  .     196 

Marlborough,  city  of  (see  Cities  and  towns). 

Marriage,  certain  records  of  notices  of  intention  of,  and  of  mar- 
riages, relative  to  ......  .     269 

Married  women,  personal  injuries,  actions  to  recover  for,  by,  re- 
covery of  certain  medical  expenses  in,  by  husbands  thereof     372 
Marshal,  state  fire  (see  Public  safety,  department  of). 
Martha's  Vineyard,  heath  hen,  species  of  bird  last  appearing  on, 
crayon  drawing  of,  acceptance  of  certain,  by  common- 
wealth          Resolve       16 

State  Forest,  Heath  Hen  reservation,  establishment  as  part  of     .     132 
Martin's  pond.  North  Reading,  town  of,  in,  pollution  of,  means  and 

methods  of  remedying,  investigation  as  to       .        Resolve       26 
appropriation  ........     495 

Martin  W.  Ryan,  Inc.,  instrument  purporting  to  be  a  contract  be- 
tween commonwealth  and,  for  reconstruction,  etc.,  of  cer- 
tain buildings  at  Framingham  state  teachers  college,  pro- 
vision for  completion  of  such  reconstruction    .  .  .      492 
Massachusetts,  aeronautics  commission,  appropriation            .  .     518 
director,  appointment,  salary,  etc.         .....     393 

establishment,  powers,  duties,  etc.         .....     393  I 

archives,  reproduction  of  manuscript  collection,  appropriation     .      309 
Bay  Colony,  house  of  representatives  of,  journal  of,  purchase  and 

distribution  of  copies  of,  appropriation  ....  309 
commission  on  apprentice  training,  continued  ....  471 
development  and  industrial  commission,  appropriations     .  .  <  ,gr 

Horticultural  Society,  laying  and  collecting  of  assessments  by, 

authorized  ........       64 

Hospital  Life  Insurance  Company,  capital  stock,  number  of  di- 
rectors, date  of  annual  meeting,  etc.,  relative  to      .  .     337 

hospital  school,  appropriation  ......     309 

national  guard  (see  Militia). 

nautical  school,  appropriations         .  .  .  .  .  .  <  ^gg 

Police  Mutual  Aid  Association,  membership  in,  eHgibility  require- 
ments ...  .  .  .  .  .  .     137 

reformatory,  appropriation     .  .  .  .  .  .  .     309 

correction  officers  at,  minimum  age  requirement  for  appoint- 
ment of       ........  .     360 

Searle,  William  L.,  injured  while  in  performance  of  duties  as 

guard  at,  annuity  to    .  .  .  .  .       Resolve       56 

reports,  so  called,  printing  of,  appropriation     ....     309 

school  of  art,  appropriation    .  .  .  .  .  .  .     309 

Soldiers'  Home  in  (see  Soldiers'  Home  in  Massachusetts), 
state  college,  additional  dormitory  and  other  facilities  for,  Mas- 
sachusetts State  College  Building  Association  incorporated 
to  provide  ........     388 

appropriations  .  .  .  .  .  .  .  .  .  |  ^g^ 

director  of  division  of  wildlife  research  and  management,  co- 
operation by,  with,  in  certain  matters    ....     491 

student  activities,  receipts  from,  retention  and  management 

of,  in  a  revolving  fund,  etc.  .....     329 

State  College  Building  Association,  incorporated  for  purpose  of 
providing  additional   dormitory   and   other  facilities  for 
Massachusetts  state  college  ......     388 

State     University,     establishment     of,     investigation    relative 

to Resolve      38 

training  schools,  trustees  of,  appropriation        ....     309 

volunteer  militia  (see  Militia). 
See  also  Commonwealth. 
Master  in  chancery,  Plymouth  county,  in,  appointment  of  an  ad- 
ditional      .........     151 

Mathews,  Patrick,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of   .        Resolve       63 
Matrimony  (see  Marriage). 
Matrons,  police  departments  in  cities  having  over  thirty  thousand 

inhabitants,  in,  placed  imder  civil  service        .  .  .     256 


Item  or 
Section. 


1-3 


1-3 

1,  2 


36j 


169a 

3,  Subs.  37 

1,  3,  Subs. 

35-51:4 


467,  468 
467,  468 


1,  2 


1-4 
539 


380-382 
381 


506 
1.2 


204 
400 


1-7 

404-409 

404 

6,  Subs.  7C 


1-7 
528-538 


Index.  1035 

Item  or 
Chap.  Section. 

Mauro,  Eugene  and  Mary,  payment  of  sum  of  money  to,  for  dam- 
ages in  connection  with  the  construction  of  the  Boston- 
Worcester  turnpike,  so  called         .  .  .        Resolve       32 
MAYORS : 

assistant  treasurers  in  cities,  appointment  of,  approval  by  .  .89 

borrowing  of  money  by  cities,  public  welfare,  soldiers'   benefits"!     ^^  jo 

and  federal  emergency  unemployment  relief  projects,  on  ^  ,^„  ^ 

account  of,  approval  by         .  .  .  .  .  .  j 

tax  titles,  based  upon,  approval  by       .  .  .  .  .     288  1 

collectors  of  taxes,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to  .       88 

dancing  schools,  so  called,  licensing  by,  in  Boston  and  certain 

other  cities  .  .  .  .  .  .  .  .     253 

Highway  Fund,  portion  of,  paid  by  commonwealth  to  its  munic- 
ipalities, use  for  local  highway  projects,  powers  and  duties 

as  to 232 

pro\'isions  imposing,  stricken  out       .....     504  1,  2 

horse  and  dog  racing  meetings  at  which  pari-mutuel  system  of 
betting  is  permitted,  location  of  tracks  for  holding  of, 
approval  by,  after  a  public  hearing         ....      159 

kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  powers  and  duties  as  to  .  .  .  .     206 

low  value  lands  acquired  by  a  city  through  a  sale  thereof,  care  and 

disposal  of,  powers  and  duties  as  to         .  .  .  .     123 

matrons  of  police  departments  in  cities  having  over  thirty  thou- 
sand inhabitants,  placing  under  civil  ser\nce,  as  affecting  .     256  2 

public  schools,  support  of,  remedy  in  case  a  city  or  town  fails  to 
provide  sufficient  money  for,  upon  petition  to  superior 
court  by     .  .  .  .  .  .  .  .  .     294 

secretary  to,  office  exempted  from  provisions  of  law  authorizing 
cities  and  towns  to  place  certain  offices  under  civil  service 
laws  .  .  .  ...  .  .  .183 

state  tax,  deficit  in  amounts  assessed  in  nineteen  hundred  and 
thirty-eight  for  purposes  of,  funding  of  cities  and  towns  of 
their  shares  of,  approval  by  .  .  .  .  . 

voting  lists,  state  wide  verification  of,  certain  certificates  relating 
to,  filing  with       ........ 

McDonnell,  Richard,  formerly  an  employee  of  state  department  of 

public  works,  retirement  allowance  of     . 
McDonough,  Mary,  town  of  Stoneham  authorized  to  grant  a  right 
of  way  in  certain  land  to       .....  . 

Meals,  county  officials  and  employees,  reimbursement  for  expenses  of, 
in  certain  cases,  regulated     ... 

hours  for,  for  women  and  children  in  factories,  workshops  and 
mechanical  and  mercantile  establishments 

reimbursement  of  persons  traveling  within  commonwealth  at  ex- 
pense thereof,  reductions,  certain,  in  amounts  available  for 
regulated  ......... 

Mechanical  establishments,  employment  and  hours  of  labor  of 
certain  minors  in,  further  regulated 

hours  for  meals  for  women  and  children  in,  relative  to 
requirement  of  hours  of  rest  for   employees   extended    to,    etc. 

Mechanics,  municipal,  pensions  of,  relative  to    . 

Medfleld  state  hospital,  appropriations 

Medford,  city  of  (see  Cities  and  towns). 

Medical  examiners,  autopsies  of  certain  dead  human  bodies,  mak- 
ing by,  upon  written  order  of  district  attorneys       .  .     475 
bonds  of,  and  of  associate  examiners,  changes  in  requirements  as 

to 214  4 

fees  of,  appropriation     ........     309  211 

Norfolk  county,  second  medical  examiner  district  of,  abolished, 
and  town  of  Cohasset  placed  in  fourth  medical  examiner 
district  of  said  county  ......     260 

Medical  expenses,  actions  to  recover  for  personal  injuries  by  mar- 
ried women  and  minors,  recovery  in,  of  certain,  by  hus- 
band of  a  married  woman  or  parent  or  guardian  of  a  minor     372  1|  2 

Medical,  hospital,  etc.,  benefits  (see  Hospital  service  corporations, 
non-profit;  Insurance,  classes  of  insurance,  accident  and 
health). 


464 

1 

450 

3 

330 

58 

1.2 

452 

3 

280 

387 

1 

309 

4 

255 

348 

352 

461 

6.6,9 

280 

235 

1 

243 

309 

486 

387 

2 

1036 


Index. 


Chap. 
415 


36 
415 


Medical  schools,  aliens,  certain,  teaching  in,  exempted  from  certain 

citizenship  requirements  relative  to  practice  of  medicine  . 

Medical  societies,  state,  restriction  as  to  membership  on  board  of 

registration  in  medicine  of  more  than  three  members  of 

any  one,  removed  ....... 

Medicine,  aliens,  practice  by,  of,  further  regulated 

board  of  registration  in  (see  Civil  service  and  registration,  depart- 
ment of), 
veterinary,  board  of  registration  in  (see  Civil  ser\'ice  and  regis- 
tration, department  of). 
See  also  Physicians. 
Meetings,  business  corporations,  of,  alternative  method  of  calling    .        14 
Melrose,  Athletic  Field  Association,  Inc.,  release  and  surrender  of  all 
right,  title  and  interest  in  certain  park  land  in  city  of  Mel- 
rose     222 

city  of  (see  Cities  and  towns). 
MEMORIALS : 

Dorchester  Heights  monument,  conveyance  by  the  city  of  Bos- 
ton to  the  United  States  for  preservation  and  maintenance 
as  a  national  historic  monument    .  .  .        _  .  .      148 

Indian  memorial,  Dukes  County  authorized  to  take  land  in  West 

Tisbury  for  preservation  as  an       .  .  .        _  . 

Mount  Greylock  war  memorial,  maintenance  of,  appropriation    . 
state  camp  ground,  so  called,  in  town  of  Framingham,  memorial 
plot  at,  establishment,  etc.    ...... 

Menemsha,  basin,  in  town  of  Chilmark,  bulkhead  along  portion  of 
shore  of,  construction,  etc.    ...... 

creek,  improvements  in  .....        Resolve 

appropriation     ......... 

Mental  diseases  (see  Defective  delinquents,  departments  for;    In- 
sane, feeble  minded  and  epileptic  persons;  Mental  health, 
department  of). 
MENTAL   HEALTH,    DEPARTMENT    OF: 

in  general,  appropriations        ....... 

reduction  in  certain  items  ...... 

Danvers  state  hospital,  water  supply,  acquisition  of  certain 

water  sources  by,  or  purchase  of  water  from  certain  sources 

Norfolk  state  hospital  for  criminal  insane,  establishment  of, 

powers  and  duties  as  to         . 
work  of,  further  regulated  .  .  _        .  .  •..-.• 

commissioner,  appropriations  for  maintenance  of  certain  institu- 
tions, reductions  in  certain,  apportionment  of,  powers  and 
duties  as  to 
Bridgewater  state  hospital,  temporary  absence  on  leave  of  cer- 
tain prisoners  committed  to,  powers  as  to        . 
Norfolk  state  hospital  for  criminal  insane,  establishment  of, 
powers  and  duties  as  to  .  .  .  .  . 

second  assistant,  appointment,  salary,  powers,  duties,  etc. 
mental  hygiene,  division  of,  appropriations 
Mental  hygiene,  division  of  (see  Mental  health,  department  of). 

Mercantile  establishments,  employment  and  hours  of  labor  of 
certain  minors  in,  further  regulated 

hours  for  meals  for  women  and  children  in,  relative  to 
Merrimack  river.  Duck  bridge  over,  in  city  of  Lawrence,  rebuilding 
of  roadway  floor  of       .  .  .  .  .  .  . 

sanitary  condition  of,  compilation  of  certain  information  relative 
to       .......  .        Resolve 

appropriation  ........ 

Messengers  (see  Court  officers  and  messengers). 

Metal,  second  hand,  beds,  bedding,  etc.,  consisting  in  whole  or  in 

part  of,  marking  of,  requirements  as  to  .  .  .      196 

Methuen,  town  of  (see  Cities  and  towns). 
Metropolitan  Boston  area,  transportation  facilities  in  and  around, 

co-ordination  of,  investigation  relative  to         .        Resolve       64 
METROPOLITAN   DISTRICT   COMMISSION: 

in  general,  annual  report  and  accounts,  changes  in  law  relative 
to,  necessitated  by  adoption  of  biennial  sessions  of  general 
court,  etc 499 


Item  or 
Section. 


1.3,4 


1-3 


78 
309 

1,  2 

169 

381 

437 

70 

495 

1-3 

624a 

309 
495 
518 

387 

473-495a 

478,  494b 

Page  795 

2 

357 

1-4 

485 
500 

1,2 
1-13 

387 

2 

54 

485 
511 
309 
495 

1 
1-3 

478 
478 

255 
348 
352 
461 
280 

5 

,  6,  9 

314 

1-4 

22 
495 

36c 

Index.  1037 


METROPOLITAN   DISTRICT   COMMISSION 

in  general  —  Concluded. 


appropnations 


Chap. 

Item  or 
Section. 

309 

495 

518 

652-658. 

672-691 

'   653,  654a, 

654b,  675, 

685,  686,  689 

682 

512 

13 

232 
469 
504 

1,2 

429 

1,  2,  4 

502 
172 

7 

433 
172 

Boston,  sewage  treatment  plant  of  main  drainage  system  of, 
sludge  from,  disposal  by        .....  . 

boulevards,  certain,  under  jurisdiction  of,  assessments  upon  1 
cities  and  towns  in  metropolitan  parks  district  for  con-  1 
struction,  etc.,  of,  application  by  said  cities  and  towns  of 
portion  of  Highway  Fund  received  for  highway  purposes 
to  payment  of      .  .  .         .-.■.•  ■  -J 

term  defined  for  purposes  of  apportioning  maintenance  costs 

budget  estimates  of,  certain  pro\'isions  of  law  relative  to,  made 
biennial  instead  of  annual     ...... 

Dana,  town  of,  records  of,  permanent  custody  of,  by 

employees  of,  removal  of  certain,  under  certain  provisions  of 
state  retirement  system,  relative  to         ...  . 

Enfield,  town  of,  records  of,  permanent  custody  of,  by  . 

expenses,  certain,  of,  apportionment  as  maintenance  costs  of 

boulevards,  relative  to  ......     429  3,  4 

functions  and  activities  within  jurisdiction  of,  similar  to  func- 
tions and  activities  performed  and  maintained  by  cities 
and  towns  within  any  particular  metropolitan  district, 
investigation  as  to,  continued         .  .  Resolve       30 

golf  course,  public,  establishment  of,  in  city  of  Medford  and 
town  of  Winchester,  or  either  of  them,  investigation  as  to, 
by Resolve       27 

Greenwich,  town  of,  records  of,  permanent  custody  of,  by       .      172 

maintenance  costs  of  certain  roads,  roadways,  parkways  and 

bridges  under  jurisdiction  of,  relative  to  .  .  .     429  1,  2,  4 

Medford,  city  of,  golf  course,  public,  establishment  in,  investi- 
gation as  to,  by  .  .  .  .  .  .        Resolve       27 

winter  sports,  recreational  area  for,  establishment  in,  investi- 
gation as  to,  by Resolve       27 

metropolitan  water  supply  development,  general  burial 
grounds  established  in  connection  with,  care  and  control 
of,  to  be  transferred  to  .  .  .176 

north  metropolitan  sewerage  district,  construction  of  additional 

sewers  in,  by,  increased  expenditures  for  .  .  .     285 

See  also,  infra,  sewage  district  needs  of  north  and  south  met- 
ropolitan sewerage  districts. 

police  force  of,  call  officers,  employment,  etc.,  of    .  .  .     441  1,  3 

Massachusetts  Police  Mutual  Aid  Association,  membership 

in 137 

regular  force,  appointments  to  .....     441  2,  3,  5 

reserve  force,  abolished    .......     441  1,  4,  5 

Prescott,  town  of,  records  of,  permanent  custody  of,  by    .  .      172 

records  of  towns  of  Dana,  Enfield,  Greenwich  and  Prescott, 

permanent  custody  of,  by     .  .  .  .  .  .      172 

rivers  and  streams,  improvements,  certain,  in,  for  flood  control 
purposes,  taking  of  lands,  etc.,  under  control  of,  for,  au- 
thorized        .  .     513  2 

sewage  disposal  needs  of  north  and  south  metropolitan  sewer- 
age districts,  construction  and  maintenance  of  additional 
works  to  meet,  powers  and  duties  in  connection  with  .     512      1,  3,  9,  12,  13 

Southborough,  town  of,  taking  of  water  by,  from  pressure  aque- 
duct and  tunnel  of  metropolitan  water  system,  powers 
and  duties  as  to  .......     303  1-3 

surface  or  storm  water,  sewers,  etc.,  for  separation  of,  construc- 
tion of,  by  certain  cities  and  towns,  powers  and  duties  as 
to 512  12 

Winchester,  town  of,  golf  course,  public,  establishment  in,  in- 
vestigation as  to,  by    .  .  .  .  .        Resolve       27 

winter  sports,  recreational  area  for,  establishment  of,  in  city  of 

Medford,  investigation  as  to,  by    .  .  .        Resolve       27 

commissioner,  metropolitan  district  sewer  construction  com- 
mission, chairman  of,  to  be  ....  . 
metropolitan  planning,  division  of,  appropriations 


512 

1 

309 

682 

518 

682 

1038 


Index. 


METROPOLITAN    DISTRICT    COMMISSION  —  Concluded. 
metropolitan  planning,  division  of  —  Concluded. 

transportation  facilities  for  city  of  Somerville  and   town   of 
Arlington,    improvement    of,    investigation    relative    to, 
by      .......  .        Resolve 

sewerage  division,  director  and  chief  engineer  of,  to  be  member 
of  metropolitan  district  sewer  construction  commission 
METROPOLITAN    DISTRICTS: 

in  general,  cities  and  towns  witliin,  certain  functions  and  activi- 
ties affecting,  investigation  and  study  by  a  special  commis- 
sion of,  continued  .....        Resolve 

publication  of  certain  statements  relative  to,  by  state  treasurer, 
change  in  time  of  ......  . 

Boston  metropolitan  district,  trustees  of,  purchase  bj',  of 
certain  property  of  Boston  Elevated  Railway  Company 
in  town  of  Winthrop  and  East  Boston,  powers  and  duties 
as  to  ......... 

Winthrop,  town  of,  inclusion  in,  authorized  .  .  .  . 

parks  district,   boulevards,  maintenance  costs  of,  apportion- 
ment of  certain  expenses  of  metropolitan  district  commis- 
sion as,  relative  to        .  .  .  . 

Highway  Fund,  portion  of,  received  by  cities  and  towns  in,  for 
highway  purposes,  application  to  the  payment  of  certain 
assessments  for  park  and  boulevard  purposes 
term  "  boulevards  "  to  include  certain  roads,  roadways,  park- 
ways and  bridges  in  connection  with  maintenance  costs   . 
sewer  districts,  in  general,  Charles  river,  storm  overflow  con- 
duits on  sides  of,  construction,  etc.  .... 

cities  and  towns  within,  construction  by,  of  sewers,  drains, 
etc.,  for  separation  of  surface  or  storm  water,  requirement 
as  to  ......... 

metropolitan  district  sewer  construction  commission,  estab- 
lishment, powers,  duties,  etc.  ..... 

north  district,  additional  sewers,  construction  in,  increased  ex- 
penditures for      ........ 

appropriations         ........ 

reUef  sewer,  extension  from  East  Boston  to  Deer  island,  etc. 
sewage  disposal  needs  of,  additional  provisions  for,  making 

of 

south  district,  appropriations       ...... 

Nut  island  in  city  of  Quincy,  sewage  treatment  plant,  etc., 
at,  construction,  etc.    ....... 

sewage  disposal  needs  of,  additional  provisions  for,  making 
of       .  .  .  .  ...  .  .  . 

sludge  disposal  equipment  for,  providing  for 

water  district,  appropriations        ...... 

general  burial  grounds  established  for  reburial  of  remains  taken 
from  certain  area,  care  and  control  of,  to  be  transferred  to 
metropolitan  district  commission  ..... 

Holden,  town  of,  sanitary  sewers,  construction  of  system  of,  in 

records  of  towns  of  Dana,  Enfield,  Greenwich  and  Prescott, 
permanent  custody  of,  by  metropolitan  district  commis- 
sion  .......... 

Rutland,  town  of,  sanitary  sewers,  construction  of  system  of, 
in       .........  . 

Southborough,  town  of,  taking  of  water  by,  from  pressure  aque- 
duct and  tunnel  of  water  supply  system  of      . 

Wachusett  reservoir  and  Ware  river  watersheds,  sanitary 
sewers  to  divert  sewage  from,  construction,  etc. 

water  supply  system  of,  inspection  of,  cost  of  travel  in  connec- 
tion with,  appropriation         ...... 

Ware  river,  diversion  of  flood  waters  of,  relative  to     . 
Metropolitan  district  sewer  construction  commission,  establish- 
ment, powers,  duties,  etc.      ...... 

Metropolitan  district  water  supply  commission,  general  burial 
grounds  established  for  reburial  of  remains  taken  from 
certain  area,  care  and  control  of,  to  be  transferred  to  met- 
ropolitan district  commission  ..... 

sewera,  system  of  sanitary,  construction  by,  in  towns  of  Holden 
and  Rutland  in  conjunction  with  said  towns  and  the  fed- 
eral government  .  ,  .  .  .  .  .         . 


Chap. 


21 
512 


30 
499 


510 
510 


429 

f232 
{  469 
[504 

429 


Item  or 
Section. 


3,4 

7,  9 


3,4 

1,  2 
1,  2.  4 


512 

12 

512 

1-11 

285 

/309 
1495 

685 

685 

512 

3 

/512 

1-13 

\517 

1 

/309 

686-688 

1495 

686 

512 

3 

/512 
1517 

1-13 

1 

512 

3 

/309 
1495 

689-691 

689 

172 

287 

1-3 

303 
286 
287 

1-3 
1-3 
1-3 

518 
513 

36m 

7 

170 

286 

287 


1-3 
1-3 


Index.  1039 


Item  or 
Chap.  Section. 

Metropolitan  district  water  supply  commission  —  Concluded. 
temporary  custody  by,  of  the  records  of  the  towns  of  Dana,  En- 
field, Greenwich  and  Prescott         .....     172 
Ware  river,  flood  waters  of,  diversion  by,  relative  to  .  .     513  7 

Metropolitan  planning,   division  of   (see   Metropolitan  district 

commission). 
Metropolitan  state  hospital,  appropriations  .  |  ^^  ^^^ 

Metropolitan  transit  council,  Winthrop,  town  of,  and  East  Boston, 
improvement  of  transportation  facilities  in,  powers  and 
duties  as  to  .  .  .  .  .  .  .     510  1,  3 

Metropolitan  transit  district  (see  Metropolitan  districts,  Boston 

metropolitan  district). 
Metropolitan  water  district  (see  Metropolitan  districts,  water  dis- 
trict). 
Micek,  Joseph,  payment  by  commonwealth  of  sum  of  money  on 

account  of  death  of,  while  on  militia  duty       .        Resolve       51 
Mid-day  meals,  county  officials  and  employees,  reimbursement  for 
expenses  of,  while  traveling  at  expense  of  such  county, 

regulated 452  3 

state  officials  and  employees,  reimbursement  for  expenses  of, 
while  traveling  within  commonwealth  at  expense  thereof, 

regulated 309  4 

MIDDLESEX   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     452  1 

Everett,  city  of,  ways,  etc.,  in,  jurisdiction  of  county  commis- 
sioners in  respect  to,  clarified         ..... 

Fletcher,  Florence  J.,  payment  of  sum  of  money  to,  by 
representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         ....... 

retirement  system,  Chadwick,  Henry  D.,  membership  in   . 
Revere,  city  of,  and  town  of  Winthrop,  jurisdiction  of  county 
commissioners  in,  terminated         ..... 

voters  of,  not  to  participate  in  election  of  county  commis- 
sioners in    ........  . 

Smith,  Sadie  J.,  payment  of  sum  of  money  to,  by     . 

tax  levy        .......... 

Middleton,  town  of  (see  Cities  and  towns) . 

Mileage  (see  Travel  allowances). 

Military,  aid  (see  State  aid,  military  aid  and  soldiers'  relief). 

expenses,  special,  appropriation        ...... 

laws  of  commonwealth,  revised        ...... 

purposes,  land,  certain,  Boston,  city  of,  in,  acceptance  of  gift  of, 

for,  by  adjutant  general  on  behalf  of  commonwealth       .     338 
Worcester,  city  of,  and  town  of  Leicester,  in,  held  by  com- 
monwealth for,  etc.,  sale  of,  relative  to  ...     328 
reservation,  state,  Barnstable  county,  in,  development  of,  ap-  f309  156 
propriations         ........  \495                      156 

expenses,  etc.,  appropriation     ......     309  127 

MILITIA: 

fono/        111-133; 

in  general,  appropriations \  ^"^  \        Page  367 

[495  129 

Cheever,  Carl  I.,  placed  on  retired  list  of  commissioned  officers 

of 50 

Connors,  Marie,  payment  by  commonwealth  of  sum  of  money 
to,  as  reimbursement  for  certain  expenses  incurred  by 
reason  of  being  struck  by  a  motor  vehicle  operated  by  a 
member  of  ......        Resolve       57 

Custer,  Anthony  F.,  payment  of  sum  of  money  to,  as  com- 
pensation on  account  of  the  death  of  his  son  killed  on  duty 

with Resolve       60 

Fredrikson,    Gunnar    F.,    payment    by    commonwealth    of 
sum  of  money  on  account  of  death  of,  while  on  duty 

with Resolve       48 

laws  relative  to,  revised       .......     425  1,2 

Micek,  Joseph,  payment  by  commonwealth  of  sum  of  money 

on  account  of  death  of,  while  on  duty  with     .        Resolve       51 
Moulton,  John  G.,  reimbursement  of,   for  certain  expenses 
incurred  on  account  of  injuries  received  while  on  duty 
with Resolve       29 


60 
215 

1,2 
1.2 

467 
353 

1-4 
1-4 

31 

1.2,6,7 

31 
215 
452 

4,5 

1,2 

1 

309 

425 

134 
1.2 

1040  Index. 

Item  or 
Chap.  Section. 

MILITIA  —  Condvded. 

in  general  —  Concluded. 

Standish  Hotel,  Inc.,  payment  by  commonwealth  of  sum  of 
money  to,  in  settlement  of  certain   claim   arising  from 

service  of    .           .           .           .           .           .           .        Resolve  55 

state  rifle  range,  lands  adjacent  to,  armory  commission  author- 
ized to  acquire  and  convey  certain          ....  297                      1,  2 

adjutant  general,  appointment,  term,  powers,  duties,  etc.            .  425        1,  Subs.  16 

appropriations  .........  309              107-110 

emergency  commission  to  act  in  cases  of  an  emergency  in 

respect  to  necessaries  of  life,  member  of,  to  be          .  261                           4 
land,   certain,   in   city   of   Boston,    acceptance   of  gift   of,   on 

behalf  of  commonwealth        ......  338 

Taunton,  city  of,  state  armory  in,  use  of,  for  certain  industrial 

exposition  purposes,  compensation  for,  fixing  by    Resolve  11 

aid  to  civil  power 425   1,  Subs.  17-27 

armories,  A.  C.  Ratshesky  Foundation,  gift  from,  of  certain  land 

in  Boston,  to  be  held  and  maintained  as          .          .          .  338 

appropriations  .........  309             140,  141 

laws  relative  to,  revised       .......  425  1,  Subs.  28-31 

superintendent  of,  appropriation            .....  309                     136 

Taunton,  city  of,  in,  use  of,  for  certain  exhibition  purposes 
during  observance  of  tercentenary  of  settlement  of  said 

municipality         ......        Resolve  11 

armory  commission  (see  Armory  commission). 

commander  in  chief,  aides  de  camp  of      .                     .          .          .  425        1,  Subs.  15 

powers  and  duties       ........  425    1,  Subs.  7-16 

Taunton,  city  of,  state  armory  in,  use  of,  for  certain  indus- 
trial   exposition    purposes,    compensation   for,    approval 

by      .......          .        Resolve  11 

judge  advocate,  state,  appropriation         .....  309                     147 

powers  and  duties       ........  425    1,  Subs.  69(b) 

land  forces,  commissioned  officers,  appointment          .           .           .  425    1,  Subs.  72-79 

discharge  and  retirement           ......  425    1,  Subs.  80-86 

courts-martial,  courts  of  inquiry,  special  boards     .           .           .  425  I           129^140 

duty,  active  and  peace         .......  425  |           105^109 

inspection  and  drill 425  |          lof-^iog 

enlisted  men 425        1,  Subs.  89 

discharge 425   1,  Subs.  90, 91 

general  provisions       ........  425  |           141^43 

meetings  and  assemblies      .......  425  |          iirvil'' 

non-commissioned  officers,  appointment,  etc.          .          .          .  425   l,Subs.  87,  88 

organization 425   1,  Subs.  66-68 

pay  and  allowances    ........  425  i           iiq^^ios 


public  property,  issue,  accountability,  etc.     ....     425 


113-128 
1,  Subs, 
92-104 
staff  corps  and  departments         ......     425   1,  Subs.  69-71 

naval  forces,  organization        .......     425  |  14^1  rV 

organized  militia,  relative  to  .  .  .  .  .  .  .     425  1,  Subs.  6 

property  and  disbursing  officer,  appropriation  .  .  .     309  132 

quartermaster,  state,  appropriations         .....     309  135-143 

relative  to  .  .  . 425  1,  Subs.  69  (c) 

superintendent,  armories,  of,  appropriation       ....     309  136 

arsenal,  of,  appropriation    .......     309  135 

surgeon,  state,  appropriations  ......     309  144-146 

relative  to .     425  1,  Subs.  69  (a) 

state  police,  division  of,  retirement  of  members  of,  rating  board 
having  certain  powers  and  duties  relative  to,  to  be  or  to 
designate  a  member  of  ......     503  3 

unorganized  militia,  relative  to         .           .        _  .  ._         .  .     425     1,  Subs.  4,  5 
Milk,  dealers,  bonding  of,  co-ordination  of  certain  functions  of  de- 
partment of  agriculture  and  milk  control  board  pertain- 
ing to .           .           .421  1,2 

sale,  exchange  and  delivery  of,  not  conforming  to  the  Massa- 
chusetts standard,  further  regulated       ....     212 


Index. 


1041 


Milk  beverages,  so  called,  manufacture,  sale  and  delivery  of  cer- 
tain, regulated     ........ 

MILK    CONTROL   BOARD: 

appropriations       ......... 

expenses  incurred  for  bonding,  etc.,  of  milk  dealers  to  be  paid 
from  ......... 

dealers,  bonding  of,  co-ordination  of  certain  functions  of  depart- 
ment of  agriculture  and,  pertaining  to    . 
equity  jurisdiction  of  appeals  from  decisions  of,  excepted  from 
provisions  of  act  extending  to  superior  court  original  juris- 
diction of  certain  matters  of  which  the  supreme  judicial 
court  has  heretofore  had  exclusive  jurisdiction 
powers  and  duties  further  defined    ...... 

term  of  office  further  extended         ...... 

MILK    CONTROL   LAW,    SO    CALLED: 

dealers,   purchase,   sale,   distribution,   etc.,   of  milk  by,   further 
regulated    ......... 

producer,  definition         ........ 

Millers  river,  flood  control  projects  on,  acquisition  of  land  by  United 
States  for  certain,  consent  to,  granting  of        .  .  . 

sanitary  condition  of,  compilation  of  certain  information  rela- 
tive to         ......  .        Resolve 

appropriation  ........ 

Mill  river,    flood   protection  works  along,   construction   by  city   of 
Northampton       ........ 

Millville  Municipal  Finance  Commission,  powers,  duties,  etc.     . 
Millville,  town  of  (see  Cities  and  towns). 

Minimium  wage,  evidence  of  the  establishment  of  minimum  fair 
wage  rates,  relative  to  ...... 

service,  department  of  labor  and  industries,  appropriations 
Minority  parties,  so  called,  nomination  of  candidates  by 

as  afTected  by  act  relative  to  number  of  signatures  required  on 

nomination  papers  of  independent  candidates  for  office    . 

Minors,  educational  aid,  public,  extension  to  certain,  investigation 

relative  to  ......        Resolve 


employment  of,  in  general,  further  regulated 


co-operative  courses,  in  connection  with,  school  attendance 
law,  as  affecting  .  .  .  .  _        . 

eighteen,  under,  boys,  hours  of  labor  of  certain,  further 
lated 


Chap. 

Item  or 
Section. 

317 

/309 
1495 

252,  253 
253 

421 

1.2 

421 

1,2 

257 
302 
413 

1 
1-6 

302 
302 

/284 
1483 

2-6 

1 

1-3 

22 
495 

\426 
514 

36c 

1-4 

1,2 

1-11 

275 
309 
371 

462,  464 

employment  permits,  issuance,  etc.,  of,  regulated  . 

farm  service,  in,  school  attendance  law,  as  affecting 

forty-eight  hour  law,  so  called,  scope  broadened     . 

hospitals,  nursing  or  convalescent  homes,  etc.,  in,  hours  of 

labor,  investigation  as  to,  continued       .  Resolve 

hours  of  labor,  consecutive,  number  restricted  in  certain  cases 
decreased  in  certain  cases 


further  regulated 


six  o'clock  in  morning,  before,  restricted    .... 

meals,  hours  for,  in  factories,  workshops  and  mechanical  and 
mercantile  establishments     ...... 

pool  or  billiard  rooms,  in,  restricted      ..... 

school 


private    domestic    service, 

affecting      ..... 
school  attendance  law,  as  affecting 
six  o'clock  in  morning,  before,  restricted 


attendance    law,    as 


193 
255 
273 
280 
348 
352 
377 
,461 

461 
'255 

,348 
461 

461 
377 

31 
348 
352 
377 
461 
348 
377 
255 
348 
352 
461 
255 

280 
273 
461 

461 
461 
255 


4-13 
3,  4,  9 


3,  4A, 
6-11,  13 


5 

3 
1-13 


1042  Index. 

Item  or 
Chap.  Section. 

Minors  —  Cotiduded. 

employment  of —  Concluded. 

sixteen,  under,  employment  permits  for,  issuance  of,  regulated     461  9,  10 

il93  1 

273 
461  5,  6 

352 
461  6 

273 
461  5 


193  1, 2 

5 


stage  of  certain  theatres,  upon,  further  regulated  .  .  .  <  .„? 

street  trades,  in,  further  regulated         .....     461  7,  8 

twenty-one,  under,  girls,  hours  of  labor  of  certain,  regulated  i  „  .^ 

newspapers,  engaged  in  sale  of,  further  regulated       .  .  .461  7,  8 

maximum  fee  for  badges  of   .  .  .  .  .  .94 

payments  of  moneys  on  deposit  in  banks,  etc.,  in  name  of,  regu- 
lated    .244  6 

personal  injuries,  actions  to  recover  for,  by,  recovery  of  certain 

medical  expenses  in,  by  parent  or  guardian  thereof  .     372  1,  2 

school,  compulsory  attendance  at,  age  limit  for,  raised        .  .     461  1-3 

theatres,  stage  of,  appearance  of  certain,  on,  further  regulated  |  ^"r  •  _ 

wage,  minimum,  for  (see  Minimum  wage). 
See  also  Children;    Infants. 
Modern  languages,   teaching  of  certain,  in  certain  high  schools, 

required  in  certain  cases        .  .  .  .  .311 

Monette,   Joseph,   Methuen,  of,  membership  in  state  retirement 

system         .  .  .  .  .  .  .     _      .       _   .     478 

Money,  persons  transporting,  for  hire,  exempted  from  certain  restric- 
tions as  to  carrying  of  firearms  in  motor  vehicles  in  certain 
cases  .........     462 

See  also  Bullion,  currency,  etc. 
Monson  state  hospital,  appropriations  .  |  007  9 

voluntary  epileptic  patients  in,  further  regulated  .  .      500  11 

Monuments  (see  Memorials). 
Mooney,  James  W.,  temporary  reinstatement  in  labor  service  of 

city  of  Fall  River  for  retirement  purposes        .           .           .95 
Moore,  Ruth  Mildred,  acts  as  notary  public  validated         Resolve         8 
Moose,  damages  caused  by,  payment  by  commonwealth  of,  appro- 
priation            309  297 

Mortgages,  real  estate,  federal  housing  administrator,  insured  by, 
authority  of  domestic  insurance  companies  to  invest  in, 

relative  to 359 

investments  in,  by  banking  institutions  and  insurance  com- 
panies, requirements  for,  law  modifying,  extended  .  .       98 
taxes,  rights  of  holders  of,  with  respect  to  payment  of,  appli- 
cations for  abatement  of,  and  appeals  and  actions  relating 
thereto        ......... 

Moskow,  Max  J.,  acts  as  notary  public  validated  Resolve 

Mosquito  control  project,  Gape  Cod,  appropriation    . 
Mosquitoes,   Charles  river  valley,  in,  relief  from  nuisance  of,  in- 
vestigation relative  to  ....        Resolve 

varieties  and  prevalence  of  certain  kinds  of,  in  this  common- 
wealth, investigation  relative  to     .  .  .        Resolve 
Mothers  with  dependent  children,  aid  to,  borrowing  by  cities 
and  towns  on  account  of        .....  . 

reimbur-sement  of  cities  and  towns  for,  appropriations    . 

right  of  appeal  under  law  providing,  relative  to     . 
term  "dependent  child"  further  defined  under  law  providing  . 
Motor  buses  (.see  Motor  vehicles,  buses). 

Motor  carriers   (see  Motor  vehicles,  passengers,  transporting,  for 
hire;   property,  transporting). 

Motor  Fuel  Sales  Act,  so  called 

administration  of,  appropriation      .  .  .  . 

Motor  trucks  (see  Motor  vehicles,  property,  transporting;   trucks). 
Motor  vehicle,  commercial,  division  (see  Public  utihties,  depart- 
ment of). 
Motor  vehicle  liability  insurance,  compulsory,  law  as  to  (see 
Motor  vehicles,  liability  for  bodily  injuries,  etc.,  caused 
by,  security  for). 


250 

1,2 

3 

309 

267 

54 

14 

72 

1-3 

453 

309 

616 

518 

Page  792 

248 

487 

495 

1-3 

518 

465a 

Index. 


1043 


MOTOR    VEHICLES: 

accident  cases,  certain,  failure  of  certain  non-resident  operators 
to  have  insurance  policies,  etc.,  upon  person  or  in  vehicle 
to  be  prima  facie  evidence  that  such  required  insurance 
was  not  being  maintained      .  .  .  .  .  . 

armored,  contract  carriers  by,  of  bullion,  currency,  securities, 
jewels,  etc.,  exempt  from  laws  requiring  the  filing  of  cer- 
tain contracts  with  department  of  public  utilities      . 
brake  and  clutch  controls,  dual,  required  on  automobiles  used 

in  giving  driving  instruction  for  compensation 
buses,  special  and  chartered,  so  called,  placed  under  supervision 
of  department  of  public  utilities    ..... 

chartered  buses  (see,  supra,  buses). 

common  carriers  of  passengers  for  hire  by  (see,  infra,  passengers, 

transporting,  for  hire), 
commonwealth,  purchases  of  passenger  automobiles  by,  at  price 
exceeding  one  thousand  dollars,  restricted 
reductions  in  amounts  available  for  ..... 

conditional  sales  of  (see  Conditional  sales). 

contract  carriers  by,  exemption  of  certain,  from  laws  requiring  the 
filing  of  certain  contracts  with  department  of  public  utilities 
See  also,  infra,  property,  transporting, 
driving  instruction,  automobiles  used  by  persons  giving,  for  com- 
pensation, required  to  be  equipped  with  dual  clutch  and 
brake  controls     .  .  .  .  . 

drunken  dri\'ing,  so  called,  restoration  of  licenses  to  operate,  after 
conviction  for,  further  regulated    ..... 

dual  clutch  and  brake  controls  required  on  automobiles  used  by 

persons  in  giving  driving  instruction  for  compensation 
excise  tax  on  registered,  abatements,  interest  payable  upon  sums 
reimbursed  in  case  of,  if  tax  already  paid,  rate  of,  reduced 
trailers,  on  ........  . 

farm  machinery  and  implements,  excluded  from  laws  relative  to 

tractors,  fee  for  registration  of     .  .  . 

financing  and  insuring  of,  by  certain  foreign  insurance  companies, 

regulated    .  .      _     .  _         . 

firearms,  carrying  of  certain,  in,  in  areas  used  for  hunting,  re- 
stricted      ......... 

fuel  used  in  propelhng  (see,  infra,  gasoline,  etc.). 
gasoline  and  certain  other  fuel  used  in  propelling,  advertising  and 
sale  at  retail  of,  further  regulated  .... 

excise  tax  on  sale  of,  additional,  time  during  which  effective 
further  extended  ....... 

motor  fuel  sales  act,  so  called       ...... 

administration  of,  appropriation        ..... 

price  of,  signs  relating  to,  number,  size  and  use  of,  regulated    .  < 

heavy  duty  platform  trailers  (see,  infra,  trailers). 

hunting,  carrying  of  firearms  in  motor  vehicles  in  certain  areas 
used  for,  restricted        ....... 

inquests  in  any  case  in  which  a  motor  vehicle  of  a  common  carrier 
of  passengers  for  hire  by  motor  vehicle  is  involved,  repre- 
sentation of  public  utilities  department  at       . 

insurance  in  relation  to,  compulsory  liability  (see,  infra,  liability 
for  bodily  injuries,  etc.,  caused  by,  security  for), 
foreign  insurance  companies,  financing  and  insuring  of,  by, 
regulated    ......... 

non-residents,  operation  in  this  commonwealth  by,  require- 
ments as  to  liability  insurance        ..... 

interstate  motor  carriers,  exempted  from  payment  of  certain  fees 
in  certain  cases    ........ 

liability  for  bodily  injuries,  etc.,  caused  by,  security  for: 

bonds  and  pohcies,  board  of  appeal  on,  appropriations   . 

companies  issuing  (see  Insurance,  companies), 
license  to  operate,  restoration  of,  after  conviction  for  drunken 
driving,  further  regulated      ...... 

motor  fuel  sales  act,  so  called  ...... 

administration  of,  appropriation  ..... 

non-residents,    owned    by,    operation    in    this    commonwealth, 
relative  to  ........ 

number  plates,  trailers,  on,  regulated        ..... 

See  also,  infra,  property,  transporting. 


Chap. 


Item  or 
Section. 


171 
1.53 

404 


309 

387 


153 

82 

153 

366 

24 

354 

354 

315 

462 


459 
518 
218 
459  1, 

1-3 
465a 

Subs.  295C 

462 

30 

1,  2 

315 

325 

306 

309 
495 
.518 

319 
319 
319 

82 
459 
518 

1-3 
465a 

325 
436 

1.2 

1044 


Index. 


MOTOR   VEHICLES  —  ConcZi/rfed. 

operation  of,  driving  instruction,  giving  of,  for  compensation, 
dual  brake  and  clutch  controls  required 
intoxicating  liquor,   while  under  influence  of,   restoration  of 

licenses  after  conviction  for,  further  regulated 
licenses  for  (see,  supra,  license  to  operate), 
non-residents,  by,  without  Massachusetts  registration,  rela- 
tive to         ........  . 

overnight  camps  or  cabins  (see  Overnight  camps  or  cabins), 
parking  violations,  civil  service  positions,  appointment  to  and 

employment  in,  not  to  be  affected  by     ; 
passenger,  purchase  by  commonwealth,  at  price  exceeding  one 
thousand  dollars,  restricted  ...... 

reductions  in  amounts  available  for  .... 

See  also,  infra,  state  employees,  owned  by. 
passengers,  transporting,  for  hire,  Boston,  city  of,  routes  for, 
in,  licensing  of  any  person  or  corporation  already  licensed 
to  operate  from  Fall  River  to  Boston-Milton  line    . 
inquests  in   cases  involving  a  vehicle   of  certain   common 
carriers,  representation  of  public  utilities  department  at 
regulation  of,  powers  and  duties  of  department  of  public 
utilities  as  to,  provisions  of  law  delegating,  to  commercial 
motor  vehicle  division  in  said  department,  repealed 
special  and  chartered  buses,  so  called,  placed  under  super- 
vision of  department  of  public  utilities  .  .  .  . 

property,  transporting,  contract  carriers,  exemption  of  certain, 
from  laws  requiring  the  filing  of  certain  contracts  with 
department  of  public  utilities         ..... 

interstate  carriers,  exempted  from  payment  of  certain  fees  in 
certain  cases         .  .  .  .  .  .  .  . 

leasing  of,  persons  engaged  in,  department  of  public  utilities 
given  access  to  certain  books  and  records  of,  and  authority 
to  require  certain  information  thereof     .... 

replacing  of  lost  or  mutilated  plates  and  lost  or  destroyed 
certificates,  permits  and  licenses  issued  for,  relative  to 
registrar  and  registry  of  (see  Public  works,  department  of). 

registration  of,  appropriations  ...... 

excise  for  privilege  of  (see,  supra,  excise  on  registered). 

farm  tractors,  fee  for  ....... 

heavy  duty  platform  trailers,  fee  for     ..... 

non-residents,  privileges  of,  to  operate  without  Massachusetts 
registration  .  .  .  .  .  .  .      _    . 

special  and  chartered  buses,  so  called,  placed  under  supervision 
of  department  of  public  utilities    ..... 

state   employees,    owned   by,    allowances   for  expenses    of,    re- 
ductions in  amounts  available  for       .... 

restricted    ......... 

tax,  excise,  on  (see,  supra,  excise  on  registered), 
tort  actions  arising  out  of  operation  of,  presumption  in  certain, 
that  certain  required  liability  insurance  not  being  main- 
tained upon  failure  of  certain  non-resident  operators  to 
have  policies,  etc.,  upon  person  or  in  vehicle   . 
tractors  (see,  supra,  farm  machinery  and  implements), 
traffic  signs,  lights,  signals,  etc.,  malicious  destruction,  etc.,  of, 

penalty  .  . 

trailers,  excise  tax  on  registered       ...... 

farm  machinery  and  implements  excluded  from  provisions  of 
laws  regulating    ........ 

financing  and  insuring  of,  by  certain  foreign  insurance  com- 
panies, regulated  .  .  ... 

heavy  duty  platform  trailers,  fee  for  registration  of 

term  defined  ........ 

number  plates  on,  regulated         ...... 

See  also  Trailer  camps, 
travel  allowances  for  county  officials  and  employees  using  own 
cars  on  county  business,  limited    .  .  .  .  . 

trucks,  leasing  of,   persons  engaged  in,   department  of  public 
utilities  given  access  to  certain  books  and  records  of,  and 
authority  to  require  certain  information  thereof 
See  also,  supra,  property,  transporting. 
See  also  Aircraft. 


Chap. 

153 

82 


Item  or 
Section. 


309 
387 

4 
1 

113 

1.2 

30 

1,2 

335 

1.2 

404 

1,2 

171 

306 

307 

322 

f309 
\518 

610-612 
169a 

354 
354 

4 
3 

325 

404 

1,2 

387 
309 

1 
5 

451 
24 

65 
1-9 

354 

2 

315 
354 
354 
436 

3 

1 
1,2 

452 

2 

307 

Index.  1045 


Item  or 
Chap.  Section. 

Moulton,  John  G.,  reimbursement  by  commonwealth  of,  for  cer- 
tain expenses  incurred  on  account  of  injuries  received 
while  on  military  duty  ....        Resolve       29 

Mount  Greylock  war  memorial,  maintenance  of,  appropriation    .     309  169 

Mount  Wachusett  (see  Wachusett  Mountain  state  reservation). 
Municipal  courts  (see  District  courts). 
MUNICIPAL   FINANCE: 

accounts,  auditing  and  instaUing  of,  appropriations  .  .  .  |  ^^^  ^^^'  ^^^ 

appropriations,  American  Legion,  The,  national  convention  of,  in 
1940,  entertainment,  etc.,  at,  for,  in  the  event  the  same  is 
held  in  Boston     .  .  .  .  .  .  .  .115 

highway  purposes,  for,  deductions  from,  of  amounts  received  j  ^^^ 
from  Highway  Fund  for  local  highway  purposes       .  .  ',  'T^ 

insurance  providing  indemnity  or  protection  for  collectors  and 

treasurers  on  account  of  certain  losses,  for       .  .  .19 

unemployment  funds,  temporary  emergency,  for,  in  towns       .46  1,2 

borrowing  of  money,  appropriations,  in  advance  of,  by  towns, 

correction  of  certain  pro\-isions  of  law  relative  to     .  .37 

emergency  storm  damage,  to  repair       .....       63 
federal  aid  projects,  so  called,  for,  relative  to  .  .  .     423  1,  2 

federal  emergency  unemployment  rehef  projects,  on  account  /    72  1-3 

of \  453 

housing  authority  law,  under,  certain  requirements  removed    .       26 
orders  authorizing  the  issue  of  bonds,  notes,  etc.,  for  certain 
purposes,  question  of  approving  or  disapproving,  provi- 
sion for  submitting  to  voters  of  certain  cities   .  .  .      108  1,  2 
outside  debt  limit,  emergency  purposes,  for,  further  regulated     457 
public  schools,  for  support  of,  ordering  by  superior  court  in 
certain  cases  where  a  city  or  town  fails  to  provide  sufficient 
money  therefor    ........     294 

public  welfare  and  soldiers'  benefits,  on  account  of  .  .  j  .^^  ^~^ 

revenue  loans,  temporary,  renewal  of  certain  ...       68 

rivers  and  streams,  improvements,  certain,  in,  for  flood  pro- 
tection purposes,  acquisition  of  lands,  etc.,  in  connection 

with,  for 513  3 

surface  or  storm  water,  sewers,  etc.,  for  separation  of,  for,  cities 

and  towns  using  metropolitan  sewers,  by         .  .  .     512  12 

tax,  state,  deficit  in  amounts  assessed  in  nineteen  hundred  and 
thirty-eight,  funding  by  cities  and  towns  of  their  shares  of, 

for 464  1-3 

tax  titles,  based  upon  .......     288  1,  2 

bridges  damaged  by  certain  floods,  reconstruction  of  certain,  pay- 
ment of  cost  of,  by  certain  cities  and  towns,  time  extended 

for 309  Page  361 

budget    and   appropriating   procedure  in   city   of   Boston   and 
the  county  of  Suffolk,  investigation  and  study  relative 
to       .......  .        Resolve       46 

emergency  finance  board  (see  Emergency  finance  board), 
emergency  purposes,  incurring  of  debt  for,  outside  debt  limit, 

further  regulated  .......     457 

federal  grants  or  loans,  certain,  for  public  projects,  extension  of 
provisions  of  certain  enabling  acts  so  that  cities  and  towns 
may  accept  and  use      .......     423  1,  2 

Highway  Fund,  certain  funds  received  in  nineteen  hundred  and 
thirty-eight  from,  for  local  highway  projects,  expenditure, 
authorized  ........  2 

portion  of,  payment  by  commonwealth  to  its  municipalities  to  j  ^^^ 

be  expended  by  them  for  local  highway  purposes       .  .  1  ^^  2 

housing  authorities,  bonds,  notes,  etc.,  of,  certain  requirements 
relative  to  form,  certification  and  reports  of  borrowings, 
removed     .........       26 

loans  (see,  supra,  borrowing  of  money). 

public  schools,  support  of,  remedy  in  case  a  city  or  town  fails  to 

provide  sufficient  money  for  .....     294 

revenue  loans  (see,  supra,  borrowing  of  money). 

state  tax  funding  loans  .......     464  1-3 

taxes  (see  Taxation,  local  taxes). 

tax  rates,  fixing  of,  for  current  year,  relative  to  .  .  .  |  ^^^ 

See  also  City  and  town  treasurers. 


1046  Index. 


Item  or 
Chap.  Section. 


MUNICIPAL    OFFICERS   AND   EMPLOYEES: 

in  general,  accounts  of  (see  Municipal  finance). 

civil   service,   cities  and   towns  authorized   to   place   certain 

offices  under        ........     183 

records  and  files,  certain,  pertaining  to,  in,  to  be  deemed 

public  records      ........     420 

See  also  Civil  service  laws, 
election  of  (see  Elections). 

retirement  of  (see  Retirement  systems  and  pensions), 
employees,  public  works,  state  department  of,  engaged  in  work 
being    done   under   contract   with,    inclusion    of    certain, 
within  provisions  of  workmen's  compensation  law    .       _    .     468 
workmen's  compensation  law,  payment  of  wages  or  salaries 
in  certain  cases  where  compensation  for  total  incapacity 
is  payable  under,  to,  prohibited     .....     435 

officers,  reports  by,  pertaining  to  compensation,   etc.,  of  em- 
ployees in  the  civil  service,  relative  to    .  .  .  .     422 

See  also  specific  titles  of  officers. 
Murder,  granting  of  new  trial  in  superior  court  in  certain  cases  of, 

relative  to  ........     271 

See  also  Capital  cases. 
Music,  Cape  Cod  Institute  of  (see  Cape  Cod  Institute  of  Music). 
Mutual  insurance  companies  (see  Insurance,  companies). 
Mutual  Savings  Central  Fund,  Inc.,  duration  of,  extended  149 

insurance  of  deposits  in  certain  savings  banks,  annual  assess- 
ments as  a  charge  for,  payment  of  certain,  to  .  .      149 
Mystic  river,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to    .          .          .          .          .          .        Resolve       22 

appropriation  ........     495 

valley,  additional  sewers  in,  construction,  etc.,  increased  expendi- 
ture for 285 


N. 

Nantasket  beach  reservation,  maintenance  of,  appropriation  309  683 

Nantasket-Boston  Steamboat  Company,  town  of  Hull  may  con- 
tribute  toward   cost   of   steamboat  ser\'ice   by,   between 
city  of  Boston  and  town  of  Hull    .  .  .  .  .34  1,2 

NANTUCKET    COUNTY: 

kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  provisions  applicable  especially  to  .  .  .     206 

representatives  in  general  court,  number  apportioned  to    .  .     467  1-4 

Nantucket,  town  of  (see  Cities  and  towns). 
Narcotics  or  stimulants,  temporary  care  of  persons  addicted  to 

intemperate  use  of,  further  regulated      ....     500  8 

Nashawena  island,  Gosnold,  town  of,  reimbursement  by  common- 
wealth for  salary  of  certain  school  teacher  employed  by 
said  town  in  a  school  on       .....  .     445 

Nashua,  reservoir,  name  changed  to  Lake  Wampanoag  .  .  .12 

river,  sanitary  condition  of,  compilation  of  certain  information 

relative  to  ......        Resolve       22 

appropriation  ........     495  36c 

National  Guard  (see  MUitia). 

National  Housing  Act  (see  Housing  administrator). 

NATIONAL   INDUSTRIAL   RECOVERY   ACT: 

commonwealth,  securing  by,  of  benefits  of,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  extension  of  provi- 
sions of  certain  enabling  acts  relative  to  .  .  .417  1,  2 
counties,  cities,  towns  and  districts,  securing  by,  of  certain  bene- 
fits of,  and  acts  in  amendment  thereof  and  in  addition 
thereto,  extension  of  provisions  of  certain  enabling  acts 

relative  to .     423  1,  2 

Warren,  town  of,  securing  by,  of  benefits  of,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  for  construction, 

etc.,  of  addition  to  certain  school  building       .  .  .     320  2 

See  also  Federal  emergency  laws. 
National  Recreation  Congress,  expenses  of,  appropriation    .  309  680 

Naturalization  (see  Citizens,  United  States,  of). 
Naushon  island,   Gosnold,  town  of,  reimbursement  by  common- 
wealth  for   salary   of   certain   school   teacher   employed 
by  said  town  in  a  school  on  .....     445 


Index.  1047 


22 
495 

36c 

390 

1.2 

309 
495 
164 
309 

620 
620 
1,2 
403 

297 

1,  2 

134 

1,2 

Item  or 
Chap.  Section. 

Nautical    school,    Massachusetts    (see    Massachusetts    nautical 

school). 
Necessaries  of  liJfe,  emergency  in  respect  to,  provision  for  establish- 
ment of  emergency  commissions  in  cases  of     ...     261  4 
division  on  (see  Labor  and  industries,  department  of). 
Needham,  town  of  (see  Cities  and  towns). 
Needy  persons  (see  Poor  and  indigent  persons). 
Neponset  river,  sanitary  condition  of,  compilation  of  certain  infor- 
mation relative  to         ....           .        Resolve 

appropriation  .  .  .  .  .  •  ■     _      • 

Nerny,  Olive  A.,  county  commissioners  of  Bristol  county  authorized 

to  pay  certain  compensation  to      . 
New  Bedford,  city  of  (see  Cities  and  towns). 

state  pier,  operation  and  maintenance  of,  appropriations    . 
repairs  and  other  improvements  at,  making  of  certain    . 
textile  school,  appropriation   ....... 

Newbursrport,  city  of  (see  Cities  and  towns). 

New  England  Power  Company,  armory  commission  authorized  to 
acquire  certain  parcels  of  land  from,  and  convey  certain 
parcels  of  land  thereto  ...... 

New  England  Telephone  and  Telegraph  Company  of  Massa- 
chusetts, The,  lines,  poles,  etc.,  of,  in  certain  towns, 
locations,  etc.,  validated        ...... 

New  Salem,  town  of  (see  Cities  and  towns). 

Newsboys,  badges  for  certain,  maximum  fee  for     .  .94 

Newspapers,  etc.,  sale  of,  in  streets,  etc.,  by  certain  minors,  further 

regulated 461  7,  8 

Newton,  city  of  (see  Cities  and  towns). 

Home  for  Orphan  Girls  (see  Rebecca  Pomroy  Newton  Home  for 
Orphan  Girls,  Corporation  of  the). 
New  trials,  criminal  cases,  certain,  in  (see  Criminal  procedure  and 

practice). 
New  York,  New  Haven  and  Hartford  Railroad  Company,  com- 
mission to  study  and  investigate  the  service  of,  expenses 
of,  etc.,  appropriations  ......     495  36k,  361 

continued   transportation   ser\'ice   for   communities    .served    by, 

action  to  assure,  investigation  relative  to         .        Resolve       64 
Nomination  of  candidates  (see  Elections). 

Non-profit  hospital  service  corporations  (see  Hospital  service  cor- 
porations, non-profit). 
Non-residents,  motor  vehicles,  operation  by,  without  Massachu- 
setts registration,  relative  to  ....  .     325 

Non-support,  wife,  of,  law  relative  to,  clarified      ....     177  1,  2 

NORFOLK    COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .       _    .  .  .     452  1 

representatives  in  general  court,  number  apportioned  to,   and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467  1-4 

second  medical  examiner  district  of,  abolished,  and  town  of  Co- 
hasset  placed  in  fourth  medical  examiner  district  of  said 

county 260 

tax  levy 452  1 

tuberculosis  hospital,  fire  sprinkler  system  in  certain  buildings  at       38  1-3 

vocational  school  or  schools  in,  establishment  of,  investigation  as 

to       .......  .        Resolve       35 

Norfolk  state  hospital  for  criminal  insane,  etc.,  establishment 

of,  relative  to 485  1,  2 

North  Adams  state  teachers  college,  appropriations  .  .1  |g|  Igg'  |g| 

Northampton,  city  of  (see  Cities  and  towns). 

f  309  488 

state  hospital,  appropriations  .  .  .  .  .  \  387  2 

[518  Page  795 
Northeastern  Timber  Salvage  Administration,  city  of  Gardner 
authorized  to  lease  certain  lands  to,  for  log  storage  pur- 
poses                118  1,  2 

Northfield,  town  of  (see  Cities  and  towns). 

North   metropolitan   sewerage    system    (see    Metropolitan   dis- 
tricts, sewer  districts). 
North  Reading,  state  sanatorium,  appropriation   ....     309  569 

town  of  (see  Cities  and  towns). 
North  Sagamore  Water  District,  establishment,  etc.    .  .  .     290  1-14 


1048  Index. 


Item  or 
Chap.  Section. 

Norton  Memorial  Fund  of  "IJhe  Springfield  Branch  of  the 
Woman's  Board  of  Missions,  transfer,  eto.,  to  the 
Hampden  County  Council  of  Congregational  Women      .       53  2 

Norton  Power  &  Electric  Company,  lines,  poles,  etc.,  of,  in  Nor- 
ton, locations,  etc.,  validated  .....     134  1,  2 

Norton,  town  of  (see  Cities  and  towns). 

Norwegian  Society  of  September  19th,  1853,  membership  in,  rela- 
tive to 77 

Norwood,  town  of  (see  Cities  and  towns). 

Notes,  cities,  towns  and  districts,  of  (see  Mxinicipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance), 
housing  authorities,  of  (see  Housing  authorities). 
See  also  Bonds. 

Notices  (see  titles  of  specific  proceedings). 

Nuisances,  kennels,  conditions,  certain,  constituting  public  nuisance 

at,  abatement  of,  proceedings  for  .  .  .  .  .     206 

Number  plates,  trailers,  on,  regulated 436  1,  2 

See  also  Motor  vehicles,  property,  transporting. 

Nurses,  board  of  registration  of  (see  Ci\al  service  and  registration, 
department  of). 

Nursing  homes,  labor  of  women  and  children  in,  hours  of,  investiga- 
tion as  to,  continued    .....        Resolve       31 

Nut  island,  Quincy,  city  of,  in,  sewage  treatment  plant,  etc.,  at, 

construction,  etc.  .......     512  3 

o. 

Oak  Bluffs,  town  of  (see  Cities  and  towns). 
Obsolete  and  useless  papers  (see  Records,  courts,  of). 
Occupational  hygiene,  division  of  (see  Labor  and  industries,  de- 
partment of). 
Occupational   pulmonary   dust   diseases    (see   Pulmonary   dust 

diseases,  occupational). 
Officers,  county  (see  Counties;   also  specific  titles  of  officers), 
court  (see  Court  officers  and  messengers), 
general  court  (see  General  court), 
militia  (see  Militia). 
municipal   (see  Municipal  officers  and  employees;    also  specific 

titles  of  officers), 
police  (see  Police  officers), 
probation  (see  Probation  officers). 

state  (see  Commonwealth,  officers  and  employees  of;  also  specific 
titles  of  officers). 
Offices,  women  and  children  employed  in,  hours  of  labor  .  .     377 

Old  age  assistance,  so  called,  administration  of  law  providing  for,  f  309  521-523 

appropriations     .  .  .  .  .  .  .  .  \  518  Page  792 

appeals  under  law  providing  for,  further  regulated    .  .  .     481 

borrowing  of  money  on  account  of,  by  cities  and  towns 


/   72  1-3 

1453 


liberalization  and  administration  of,  study  and  investigation  rel- 
ative to       ......  .        Resolve       65 

appropriation  .  .  .  .  .  .  .518  36p 

separation  of  bureaus  of  old  age  assistance  from  boards  of  public 

welfare,  study  and  investigation  relative  to     .        Resolve       65 
appropriation  .  .  .  .  .  .  .  .518  36p 

Old  Colony  Railroad  Company,  continued  transportation  service 
for  communities  served  by,  action  to  assure,  investigation 
relative  to  .  .  .  .  .  .  .        Resolve       64 

Old  provincial  state  house,  appropriation 309  193 

One  day's  rest  in  seven  law,  so  called,  requirement  of,  extended  to 

mechanical  establishments  and  workshops       .  .  .     235  1 

Optometry,  board  of  registration  in  (see  Civil  service  and  regis- 
tration, department  of). 
ORDINANCES: 

Boston,   buildings,   etc.,   in,   inspection,  materials,  construction, 
alteration,  repair,  height,  area,  location  and  use  of,  regu- 
lation by,  authorized    ...  .  .  .  .217  1,2 

cities  of  the  commonwealth,  of,  investigation  relative  to    Resolve       69 
Organizations  (see  Corporations;   Fraternal  benefit  societies). 

Ornithologist,  state,  appointment,  powers,  duties,  etc.  .  491  5,  12 

Overnight  camps  or  cabins,  licensing  of,  required  .  416 

Oysters  (see  Fish  and  fisheries,  marine,  shellfish). 


Index. 


1049 


Chap. 
Pages,  general  court  (see  General  court). 
Palmer,  town  of  (see  Cities  and  towns). 

Pamphlet  edition,  acts  and  resolves,  appropriation        .  .  .     309 

Paper,  purchase  of,  appropriation  ......     309 

Papers,  courts,  entered  in  (see  Records,  courts,  of). 

Parades,  firearms,  with,  by  Yankee  Division  Veterans'  Association     144 

Pardons,  advisory  board  of  (see  Correction,  departnient  of). 

investigation  and  study  by  special  unpaid  commission  of  system 
of,  and  of  the  facts  and  circumstances  surrounding  the 
granting  of  certain  pardons  and  paroles  .     Resolves  12,  37 

appropriation    .  .  .  .  ■  •  ■      _    •     495 

payment  or  receipt  of  money,  etc.,  for  purpose  of   obtaining 

granting  of,  regulated  .  .  .  .  .     484 

petitions  for,  procedure  in  connection  therewith,  and  provision 

for  revocations  thereof  ......     479 

See  also  Parole. 
PARENT   AND    CHILD: 

personal  injuries,  actions  by  minors  to  recover  for,  recovery  of 
certain    medical    expenses    in,     by    parent    or    guardian 
thereof        .........     372 

Pari-mutuel  system  of  wagering  (see  Horse  and  dog  racing  meet- 
ings   conducted    under    pari-mutuel    system    of    wager- 
ing). 
Parking  violations,  motor  vehicle,  appointment  to  and  employment 

in  civil  service  positions  not  to  be  affected  by  .  .76 

Park  reservations  (see  Reservations). 
Parks  and  recreation,  division  of  (see  Conservation,  department 

of). 
Parks,  division  of  (see  Conservation,  department  of). 
Parkways  (see  Boulevards  and  parkways). 

Parole,  board,  appropriation  .  .  .     309 

granting  of  paroles  by,  facts  and  circumstances  surrounding, 


Item  or 

Section. 


203 
153 


investigations  relative  to  .  .  .  .      Resolves  12,  37 

appropriation       ........     495 

pardons,  petitions  for,  powers  and  duties  as  to       .  .  . 

perfecting  changes,  certain,  in  general  statutes,  necessitated 

by  creation  of      .......  . 

boys,  department  of  public  welfare,  appropriations   . 
girls,  department  of  public  welfare,  appropriations    . 
investigation  and  study  by  special  unpaid  commission  of  system 
of,  and  of  the  facts  and  circumstances  surrounding  the 
granting  of  certain  pardons  and  paroles  .   Resolves  12,  37 

appropriation     .........     495 

payment  or  receipt  of  money,  etc.,  for  purpose  of  obtaining 
granting  of,  regulated  ...... 

sex  crimes,  so  called,  persons  charged  with  or  convicted  of,  of, 
furnishing  to  local  police  authorities  and  district  attorneys 
of  information  relative  to      .....  . 

See  also  Pardons. 
Partnerships,  funeral  directing,  business  of,  engaging  in,  regulated 
income  received  by,  taxation  of       .  .  .  . 

See  also  Associations,  partnerships  and  trusts  having  transfer- 
able shares. 
Par  value,  capital  stock  of  street  railway  companies,  of,  changes  of, 
further  regulated  ....... 

shares  of  capital  stock,  of,  business  and  certain  other  corpora- 
tions, of,  minimum,  reduced  ..... 

Passengers,  transportation  of,  for  hire,  by  motor  vehicle  (see 

l\Iotor  vehicles,  passengers,  etc.). 
Patriarca,  Raymond  L.  S.,  granting  of  certain  pardon  to,  investi- 
gation relative  to  the  facts  and  circumstances  surround- 
ing      Resolves  12,  37 

PENAL   AND   REFORMATORY   INSTITUTIONS: 

in  general,  delirium  tremens,  persons  suffering  from,  detention 
in,  further  regulated     .  .  .  .  .  .  . 

officers  in  certain,  carrying  of  certain  weapons  by,  authorized 
prisoners  in,  petitions  for  pardons,  procedure  in  connection 

therewith,  and  provision  for  revocations  thereof 

sex  crimes,  so  called,  persons  charged  with  or  convicted  of, 

release  or  discharge  of,  from,  furnishing  to  local  police 

authorities  and  district  attorneys  of  information  relative  to 

weapons,  certain,  carrying  of,  by  certain  officers  in,  authorized 


479 

451 
309 
309 


484 


116 


160 
373 


28 


15 


500 
174 


479 


1.2 


36i 


38-53 
530-532 
533, 534 


36i 


1.2 


1050  Index. 


Item  or 
Chap.  Section. 


PENAL    AND    REFORMATORY    INSTITUTIONS  —  Concluded. 
commonwealth,    of,    in   general,    pardons,    paroles,    etc.,    for 
prisoners  in  (see  Pardons;   Parole). 
Massachusetts  reformatory,  appropriation     ....     309  506 
correction  officers  at,  minimum  age  requirement  for  appoint- 
ment of .360                     1,2 

Searle,  William  L.,  injured  while  in  performance  of  duties  as 

guard  at,  annuity  to     .  .  .  .  .        Resolve       56 

reformatory  for  women,  appropriations  .  .  .  .  |  ^g^  ^^j   gg^^ 

state  farm,  appropriation    .......      309  504 

correction  officers  at,  minimum  age  requirement  for  appoint- 
ment of  .  .  .  .  .  ...  .360  1,2 

water  supply  for  certain  inhabitants  of  town  of  Bridgewater, 

furnishing  from  water  supply  system  of  .  .  .     293 

state  prison,  appropriation  .  .  .  .  .  .     309  505;  Page  368 

correction   officers   at,   minimum   age   requirement   for   ap- 
pointment of        .  .  .  .  .  .  .  .     360  1,  2 

state  prison  colony,  appropriation         .  .  .  .  .     309  508 

correction  officers  at,  minimum  age  requirement  for  appoint- 
ment of .  .360  1,  2 

land  occupied  by,  transfer  of  control  of  certain,  to  depart- 
ment of  mental  health  in  connection  with  establishment 
of  Norfolk   state    hospital  for  criminal  insane,   relative 

to 485  1.  2 

counties,  of,  officers,  certain,  in,  known  to  use  intoxicating 
liquor  to  excess,  removal  by  sheriffs  and  penal  institutions 
commissioner  of  city  of  Boston      .  .  .  .  .     200 

Pensions  (see  Retirement  systems  and  pensions). 

state  aid  and,  commissioner  of  (see  State  aid  and  pensions,  com- 
missioner of). 
Permits  (see  Licenses  and  permits). 

Personal  injuries,  actions  by  married  women  and  minors  to  recover 
for,  recovery  of  certain  medical  expenses  in,  by  husband 
of  a  married  woman  or  parent  or  guardian  of  a  minor        .     372  1,  2 

compensation  of  certain  public  employees  for,  appropriations      .  |  ^^^  55^ 

defects  in  ways,  caused  by,  correction  of  insufficient  notice  of       .     147 
employees,  etc.,  of  hospitals  prohibited  from  furnishing  certain 
information   relative    to    cases   of,    to  attorneys   at   law, 

etc 197  2 

motor  vehicles,  caused  by,  security  for  payment  of  judgments  in 
actions  for  (see  Motor  vehicles,  liability  for  bodily  injuries, 
etc.,  caused  by,  security  for), 
runners,  so  called,  employed  by  attorneys  at  law  to  solicit  em- 
ployment in  cases  of,  changes  in  law  relative  to       .          .     197  1 
See  also  Workmen's  compensation. 
Personal  property,  conditional  sale  of,  contracts  of,  further  regu- 
lated             509                     1,  2 

Personnel  board,  county  (see  County  personnel  board). 
Petersham,  town  of  (see  Cities  and  towns). 
Petroleum  and  petroleum  products  (see  Gasoline). 
Pharmacy,  board  of  registration  in  (see  Civil  service  and  regis- 
tration, department  of). 
Phrases  (see  Words  and  phrases). 
Physicians,  aliens,  practice  of  medicine  within  commonwealth  by, 

further  regulated  .  .  .  .  .  .  .415  1,  3,  4 

certificate  signed  by,  that  female  intending  marriage  is  pregnant, 
filing  with  notice  of  intention  of  marriage,  proceedings  in 
cases  of       .  .  .  .  .  •..-..•  •     ^^^  ^~^ 

congenital  deformities  and  other  crippling  conditions  in  infants, 

reporting  by         .  .  .  .  .  .  .  .     326  1,  2 

expenses  incurred  for,  in  personal  injury  cases  (see  Medical  ex- 
penses), 
pregnant  women,  attending,  serological  test  for  syphilis,  duties  as 


407 


See  also  Hospitals. 
Picardi,  Mary,  conveyance  of  certain  land  in  city  of  Revere  to,  by 

state  department  of  public  works,  authorized         Resolve       59 
Pier,  state  (see  New  Bedford  state  pier). 
Pilgrim  tercentenary,  state  property  acquired  in  connection  with, 

maintenance,  etc.,  appropriation    .....     309  622 

Pilots,  aircraft,  laws  regulating,  further  revised       ....     393  3-5 


Index. 


1051 


Pine  blister  rust  (see  White  pine  blister  rust). 

Pine  Manor  Junior  College,  name  of,  use  by  Dana  Hall  Schools 

as  applying  to  a  certain  division,  authorized,  etc.    . 
Pittsfield,  city  of  (see  Cities  and  towns). 
Placement  agencies,  establishment  of,  as  aid  to  young  people  of 

commonwealth,  study  relative  to  .  .  .        Resolve 

appropriation  ........ 

Plainville,  town  of  (see  Cities  and  towns). 

Planning  boards,  subdivisions  of  land  taken  or  sold  for  taxes  in 

cities  or  towns  ha\nng,  redemption  of     . 
PLANNING   BOARD,    STATE: 


appropriations 


commission  comprising  one  member  of,  etc.,  to  investigate  and 
study  certain  functions  and  activities  affecting  cities  and 
towns    within    the    several   metropolitan    districts,    con- 
tinued .......        Resolve 

Plant  pest  control  and  fairs,  division  of  (see  Agriculture,  depart- 
ment of). 
Plant  pest  control,  division  of  (see  Agriculture,  department  of). 
Plates,   motor  carriers,   issued   to    (see   Motor  Vehicles,   property, 
transporting;   Number  plates), 
trailers,  on,  regulated     ........ 

Plays  and  musical  comedies  (see  Stage  appearances). 
Plumbers,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
PLYMOUTH   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .  . 

Gurnet  bridge  in  Duxbury,  provision  for  maintenance  by,  re- 
pealed        ......... 

master  in  chancery,  appointment  of  additional,  in     . 
representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         ....... 

tax  levy        .......... 

tuberculosis  hospital,  improvements  at,  making  of  certain 
Plymouth,  town  of  (see  Cities  and  towns). 

Pocasset  tribe  of  Indians,  construction  of  homes  for  certain  fami- 
lies of,  within  certain  Indian  reservation 
Podiatry   (see  Civil  service  and  registration,  department  of). 
Point   Shirley   Street  Railway   Company   (see  Boston,   Revere 

Beach  and  Lynn  Railroad  Company). 
Police  authorities,  local,  sex  crimes,  release  or  discharge  of  per- 
sons charged  with  or  convicted  of,  information  relative 
to,  furnishing  to  ...... 

Police  matrons,  cities  having  over  thirty  thousand  inhabitants,  in 
placed  under  civil  service       ..... 

POLICE    OFFICERS: 

appointments  and  promotions  in  such  police  forces  as  are  within 

classified  civil  service,  further  regulated 
arrests  by  (see  Arrest). 

Boston,  appointment  and  promotion  of,  made  subject  to  general 
laws  relative  thereto     ...... 

capitol  police,  appropriation  ...... 

chiefs  of  police,  abatement  of  certain  conditions  connected  with 
kennels  constituting  a  public  nuisance,  powers  and  duties 
as  to  ........ 

dancing  schools,  so  called,  supervision  by  head  of  police  depart 

ment  in  Boston  and  certain  other  cities  and  towns   . 
firearms,  carrying  of  certain,  in  motor  vehicles  in  areas  used  for 

hunting,  restriction  as  to,  exempted  from 
Hudson,  Thomas  Maguire,  payment  of  sum  of  money  to,  as  com 
pensation  for  injuries  received  in  performance  of  duty  ai 
special  police  officer      ...... 

Massachusetts  Police  Mutual  Aid  Association,  membership  in 
eligibility  requirements  ..... 

matrons  of  police  departments  in  cities  having  over  thirty  thou 

sand  inhabitants  placed  under  civil  service 
metropolitan  district  commission,  of  (see  Metropolitan  district 

commission). 
Newburyport,  Patrick  Sullivan,  reinstatement  in  police  depart- 
ment ........ 


Chap. 

249 

38 
495 

181 

(309 

[518 

30 


452 


379 
151 


467 
452 

262 


Item  or 
Section. 


1,2 


36d 


172, 173 
172, 173 


1-4 

1 

1-3 


116 

256 

1-3 

419 

3 

419 
309 

3 

183 

206 

253 

62 

240 

1-3 

137 

256 

1-3 

1,  2 


1052 


Index. 


POLICE    OFFICERS  —  Concluded. 

reserve,  forces  in  certain  cities  and   towns,   ultimate  abolition 

of 

rate  of  compensation  paid  to,  by  contractors  on  certain  public 
works,  regulated  .  . 

retirement  allowances  of  certain,  in  certain    cities,  amount  of, 

relative  to  . 
Salem,  number  of  members  of  reserve  police  force  in  . 
Springfield,  Carl  Rolf,  former  police  officer  of,  funeral  expenses  of, 
reimbursement  of  widow  of,  for     ..... 

state,  retired,  compensation,  appropriation        .... 

See  also  Public  safety,  department  of. 
Westfield,  police  commission,   composition,   terms  of  members, 
etc.,  changed        ........ 

Police  patrol,  state  (.see  Public  safety,  department  of:   divisions  of: 

state  police). 
Police,  state,  division  of  (see  Public  safety,  department  of ) . 
Policies  of  insurance  (see  Insurance). 
Political  committees  (see  Elections). 
Political  contributions  (see  Elections). 
Political  parties  (see  Elections). 
Poll  taxes,  assessment  of,  further  regulated  ..... 

Ponds  (see  Waters  and  waterways). 
Pondville  hospital  at  Norfolk,  appropriation       . 
Pooling  of  losses,  workmen's  compensation,  assignment  of  rejected 
risks  among  insurers  of,  resulting  from  .... 

Pool  or  billiard  rooms,  employment  and  hours  of  labor  of  certain 
minors  in,  further  regulated  ..... 

Poor  and  indigent  persons,  funeral  expenses  of  certain,  amounts 

payable  by  commonwealth  for,  increased 

infants    prematurely    born    to,    care    of    certain,    expenses    of, 

reimbursement  of  cities  and  towns   for.  In  certain  cases 

of 


support  of,  appropriations 


welfare  aid  rendered  to,  having  lawful  settlements  in  other  cities 
and  towns,  suits  by  cities  and  towns  to  recover  for,  time 
extended  for  bringing  ....... 

See  also  Old  age  assistance,  so  called;   Public  welfare. 
Port  Authority,  Boston,  Boston  airport,  so  called,  construction  of 
bulkheads,  etc.,  at  or  near,  certain  duties  as  to 

cost  of,  reimbursement  of  city  of  Boston  for  portion  of,  appropria- 
tion   .......... 

Port  of  Boston,  functions  relating  to,  appropriations 

Portraits  of  former  governors,  purchase,  appropriation 
Postmaster,  general  court  (see  General  court). 
Powder  Point  bridge  (see  Gurnet  bridge). 

Powers,  Lemuel,  heath  hen,  gift  of  certain  drawing  of,  by,  accept- 
ance by  commonwealth  ....        Resolve 
PRACTICE   IN   CIVIL   ACTIONS: 

district  courts,  fees  of  clerks  of,  establishment  of  certain    . 

homestead,  estates  of,  amount  of  exemption  from  attachment, 
levy  on  execution  and  sale  for  payment  of  debts  allowed 
to  owners  of,  increased  ...... 

joinder  of  causes  of  action  in  contract  and  in  tort,  relative  to 

limitation  of  actions  (see  Limitation  of  actions). 

notice,  insufficient,  in  case  of  injury  resulting  from  defects  in 
public  ways,  correction  of     . 

personal  injuries,  actions  by  married  women  and  minors  to  re- 
cover for,  recovery  of  certain  medical  expenses  in,  by 
husband  or  parent  or  guardian  thereof    .... 

service  of  process,  cigarette  tax,  temporary,  enforcement  of,  in 
connection  with  ........ 

superior  court,  original  jurisdiction,  concurrent  with  supreme 
judicial  court,  extension  of,  to  ceitain  proceedings  . 

supreme  judicial  court,  questions  of  law  arising  in  any  proceed- 
ings in  superior  court  under  provisions  of  law  extending 
original  juiisdiction  of  certain  matters  thereto,  reservation 
and  report  to  full  court  ...... 


Chap. 

Item  or 
Section. 

419 

2 

252 

264 
121 

1,2 
1,2 

289 
309 

1,2 

662 

342 


273 

348 
352 
461 


246 
309 

518 


476 
309 


518 
309 


16 
345 


4.5 

572 


5,  6,  9 


517,519,520 
Page  792 


670 

626-630, 

633,  633a 

633b 

106 


1-5 
1,2 


372 

1,2 

454 

12 

257 

1.2 

Index.  1053 


Chap.  Section. 

PRACTICE    IN    CIVIL   ACTIONS  —  Concluded. 

tort  actions  arising  out  of  operation  of  motor  vehicles,  presump- 
tion in  certain,  that  certain  required  HabiUty  insurance  is 
not  being  maintained  upon  failure  of  certain  non-resident 
operators  to  have  policies,  etc.,  upon  person  or  in  vehicle     325 
transfers  of  causes  between  supreme  judicial  and  superior  courts 
in    connection   with   the   extension   of   their   concurrent 
jurisdiction  ........     257  1,  2 

workmen's  compensation  cases  in  superior  court,   awarding  of 

costs  in  certain    ........     213  1,  2 

See  also  Actions,  civil;  Attachment;  District  courts;  Equity; 
Evidence;  Land  court;  Probate  courts;  Service  of 
process;    Supreme  judicial  and  superior  courts. 

Pregnancy,  certificate  by  physician  that  woman  intending  marriage 
is  pregnant,   filing  with  notice  of  intention  of  marriage, 
proceedings  in  cases  of  ......     269  1-3 

serological  test  of  women  for  syphilis  during,  required  .  .     407 

Premature  births  (see  Births). 

Premises  (see  Real  property). 

Premium  notices  (see  Insurance). 

Premiums,  officials'  bonds,  on,  reimbursement,  appropriation  .     309  666 

Prescott,  town  of  (see  Cities  and  towns).      . 

Presumptions,  motor  vehicle  tort  actions,  certain,  in,  in  cases  of 
failure  of  certain  non-resident  operators  to  have  certain 
required  insurance  policies,  etc.,  upon  person  or  in  vehicle     325 

Prices,  gasoline  and  other  motor  fuel,  of,  advertising,  etc.,  relating  l^cn  /  1,  Subs, 

to,  further  regulated /*^^  \   295D.  295E 

I   91g 

signs  relating  to,  number,  size  and  use  of,  regulated        .  .  '.  "I.g   .    Subs  2950 

Fair  Trade  Law,  so  called,  under  (see  Fair  Trade  Law,  so  called) . 
See  also  Sales. 
Prima  facie  evidence  (see  Evidence). 
Primaries  (see  Elections). 

Prisoners,  IBridgewater  state  hospital,  certain,  committed  to,  tempo- 
rary absence  on  leave  of,  further  regulated      .  .  .       54 
insane,  Norfolk  state  hospital  for,  establishment  of,  relative  to     485  1 ,  2 
pardoning  of  (see  Pardons), 
parole  of  (si  e  Parole). 

See  also  Penal  and  reformatory  institutions. 
Prisoners,  classification  of,  division  of  (see  Correction,  depart- 
ment of). 
Prison  officers  and  instructors,  retired,  compensation,  appropria- 
tion        309  661 

Prisons  (see  Penal  and  reformatory  institutions). 
Prison,  state  (see  State  prison). 

Private  clubs,  women  and  children  employed  in,  hours  of  labor       .     377 
Private  property  (see  Property). 

Probate  and  insolvency,   judges,   compensation,  expenses,  etc.,  long/  59-61; 

appropriations     .  .  .  .  .  .  .  •  j  I        Page  367 

retired,  pensions  for,  appropriation        .....     309  90 

Suffolk   and   Nantucket   counties,   for,   insane,   etc.,   persons, 

commitment  for  observation  by,  further  regulated  .  .     500  5 

Suffolk  county,  for,  fourth  assistant  register,  appointment  by  .     392 

registers,  appropriations (  495    ^^'  ^^'  ^^76 

sittings  of  the  probate  court,  necessity  for  presence  of  register, 

assistant  register  or  temporary  register  at,  eliminated        .65  1,  2 

Suffolk  county,  fourth  assistant  registei  for,  appointment,  etc.     392 

salary,  appropriation    .......     495  76 

See  also  Probate  courts. 
PROBATE    COURTS: 

administrative  committee  of,  appropriation       ....     309  64 

appropriations       .........     309 


equity  jurisdiction,  Hampden  county,  in,  Springfield  Branch  of 
the  Woman's  Board  of  Missions,  power  to  convey  its 
funds,  etc.,  and  thereupon  to  be  dissolved,  to  be  exercised 
in  conformity  with  a  decree  of       .  .53 

inactive  religious  societies,  etc.,  suits  to  determine  the  disposi- 
tion of  the  property  of  certain        .....     194 

guardians  of  wards  residing  in  another  state,  abolition  of  resi- 
dential qualification  of  certain,  witli  respect  to  certain 
proceedings  in      .  .  .  .  .  .  .57 

judges  (see  Probate  and  insolvency,  judges). 


59-77; 
Page  367 


1054  Index. 


Item  or 
Chap.  Section. 

PROBATE    COURTS  —  Concluded. 

records  of,  extension  of  papers  on,  and  disposal  of  obsolete  and 

useless  papers,  relative  to      .  .  .  .  .     157  1-4 

registers  (see  Probate  and  insolvency,  registers). 

sittings  of,  necessity  for  presence  of  register,  assistant  register  or 

temporary  register  at,  eliminated  .  .  .65  1,  2 

trusts  for  benefit  of  creditors,  making  subject  to  jurisdiction  of, 

investigation  relative  to         ...  .        Resolve       20 

PROBATION,    BOARD    OF: 

appropriations       .........     309  91,  92 

Probation  officers,  bond,  giving  by,  changes  in  requirements  as  to   .     214  7 

district  courts  and  Boston  juvenile  court,  of,  traveling  expenses  of, 

regulated .296  1-3 

superior  court,  of,  Essex  county,  for,  reimbursement  by  said 

county  for  money  lost  on  account  of  a  forged  check  .  .     439 

traveling  expenses  of,  payment  of,  clarification  of  provisions 

relative  to  ........     155 

Process    (see   Criminal   procedure   and   practice;    Practice    in   civil 

actions;   Service  of  process). 
PROCLAMATION   BY    GOVERNOR: 

Indian  Day,  annual  observance  of,  on  August  twelfth,  for  .       56 

Property,  motor  vehicles  transporting,  contract  carriers,  exemption 
of  certain,  from  laws  requiring  the  filing  of  certain  con- 
tracts with  department  of  public  utilities         .  .  .171 
interstate  carriers,  exempted  from  payment  of  certain  fees  in 

certain  cases         .  .  .  .  .  .  .     306 

leasing  of,  persons  engaged  in,  department  of  public  utilities 
given  access  to  certain  books  and  records  of,  and  authority 
to  require  certain  information  thereof      ....     307 

replacing  of  lost  or  mutilated  plates  and  lost  or  destroyed  cer- 
tificates, licenses  or  permits  issued  for,  relative  to     .  .     322 
personal  (see  Personal  property). 

private,  removal  of  fallen  trees,  etc.,  on,  to  reduce  forest  fire  haz- 
ard resulting  from  the  recent  hurricane  .  180  1-4 
real  (see  Real  property), 
taxation  of  (see  Taxation). 

valuation  and  appraisal  of,  taxation  of  legacies  and  successions,  in 
connection  with  Csee  Taxation,  legacies  and  successions,  of). 
Property  and  disbursing  officer  (see  Militia). 

Prorogation  of  general  court,  statement  as  to     .  .  Page  834 

Prosecutions  Csee  Criminal  procedure  and  practice). 
Protestant  Episcopal  Church  in  the  Diocese  of  Massachusetts, 
Bishop  and  Trustees  of,  common  trust  fund  for  the  in- 
vestment of  its  own  funds  and  the  funds  of  certain  other 
corporations,  churches,  etc.,  establishment  by 
Province  lands,  care  and  maintenance  of,  appropriation 
Psychopathic  hospital,  Boston,  appropriations  . 

Public  accountants,  registration  of,  appropriations 

Public  amusement,  places  of  (see  Amusement,  places  of). 

Public  bequest  fund,  advertising  of,  appropriation        .  .  .     309  196 

Public  buildings,  fair  competition  for  bidders  on  construction,  etc., 

by  commonwealth,  etc.,  of,  required      ....     480 

Public  debt  (see  State  finance). 

Public  documents,  printing  and  distribution  of  certain,  changes  in 
laws   relative   to,   necessitated   by  adoption   of  biennial 
sessions  of  general  court         ......     508  9,  10 

Public  employees  (see  Commonwealth,  officers  and  employees  of; 
Counties,  officers  and  employees  of;    Labor,  public  em- 
ployees;   Municipal  officers  and  employees). 
Public  employment  offices,  di\'ision  of,  replaced  by  bureau  of 
public  employment  offices  in  division  of  unemployment 
compensation  .  .  .  .  .  .  .       20        1,  Subs.  9L 

free,  establishment,  maintenance,  etc.,  by  commonwealth,  rela-  f    20        1,  Subs.  9L 

tive  to 1 374  4 

Public  health  council  (see  Public  health,  department  of). 
PUBLIC    HEALTH,    DEPARTMENT    OF: 

Una  I         541-572; 

•^^^  \        Page  368 

in  general,  appropriations     .  .  .  .  .  .  .  -^  (         548,  556, 

495  557,  561. 

[  [  563 

bacteriological  laboratories,  certificates  of  approval  relative 

to,  issuance  by    .  .  .  .  .  •  •  •     344 


163 

309 

615 

309 

480 

387 

2 

309 

436, 437 

Index.  1055 

Item  or 
Chap.  Section. 

PUBLIC    HEALTH,    DEPARTMENT    OP  —  Concluded. 
in  general  —  Concluded. 

bedding  and  upholstered  furniture  manufactured  outside  the 
commonwealth,  regulation  of  sale  of,  by  certain  persons, 
powers  and  duties  as  to         .  .  .  .  .  .     351 

Charles  river  valley,  protection  of  public  health  and  relief 
from  mosquito  nuisance  in  certain  portion  of,  investigation 
relative  to,  by,  etc.       .  .  .  .  .        Resolve       54 

congenital    deformities   and    crippling   conditions   in   infants, 

reporting  of,  powers  and  duties  as  to      .  .  .  .     326  1,  2 

Dan  vers  state  hospital,  water  supply  sources  for,  approval  by     357  1 

Holden,  town  of,  sanitary  sewers  to  be  constructed  in,  location 

and  plans  for  certain,  approval  by  ...  .     286  1 

hospitals,  etc.,  furnishing  to,  by,  of  copies  of  law  prohibiting 
hospital  employees,  etc.,  from  furnishing  certain  informa- 
tion to  attorneys  at  law  or  their  representatives      .  .     197  2 
hours  of  labor  of  women  and  children  in,  investigation  rela- 
tive to,  by,  etc.,  continued    ....        Resolve       31 

Lunenburg  Water  District  of  Lunenburg,  water  supply  for, 

approval  by         ........       17  2 

Lynnfield  Center  Water  District,  water  supply  for,  approval  by     336  2 

manual  of  health  laws  published  by,  distribution  to  certain 

health  agencies    ........     234 

Martin's  pond  in  town  of  North  Reading,  pollution  of,  remedy- 
ing of,  investigation  as  to,  by  .  .        Resolve       26 
appropriation  .          .          .          .          .  .  .  .     495  36j 

mosquitoes,  varieties  and  prevalence  of,  in  this  commonwealth, 

investigation  as  to,  by,  etc.  ....        Resolve       14 

nursing  or  convalescent  homes,  hours  of  labor  of  women  and 
children    in,    investigation    relative    to,    by,    etc.,    con- 
tinued        .......        Resolve       31 

pregnant  women,  serological  tests  of,  for  syphilis,  in  a  labora- 
tory of,  or  approved  thereby  .....     407 

recreational   camps,   overnight   camps  or  cabins  and  trailer 

camps,  regulation  of,  powers  and  duties  as  to  .  .  .     416 

rivers  within  limits  of  commonwealth,  sanitary  condition  of 
certain,  compilation  of  certain  information  relative 
to,  by  .  .  .  .  .  .        Resolve 

appropriation  .  . 

Rutland,  town  of,  sanitary  sewers  to  be  constructed  in,  loca- 
tion and  plans  for  certain,  approval  by  . 
Springfield,  city  of,  sewerage  system,  supplementing  of,  by  a 
sewage  treatment  plant,  etc.,  powers  and  duties  relative  to 
adult  hygiene,  division  of,  appropriations    .... 

biologic  laboratories,  division  of,  appropriations 
chief  engineer  of,  to  be  member  of  metropolitan  district  sewer 
foiistruction  commission        ...... 

child  hygiene,  division  of,  appropriations     .... 

commissioner,  Bowles,  Verna  C,  conveyance  of  certain  land 

in  Lakeville  to,  by        . 

state   police,    division   of,   retirement   of   members   of,   rating 

board  having  certain  powers  and  duties  relative  to,  to  be 

or  to  designate  a  member  of  ..... 

communicable  diseases,  division  of,  appropriations 

food  and  drugs,  division  of,  appropriations  . 

public  health  council,  appropriation    ..... 
terms  of  office  and  qualifications  of  members  of,  relative  to     . 
sanitary  engineering,  division  of,  appropriations 

tuberculosis,  division  of,  appropriations 

water  and  sewage  laboratories,  division  of,  appropriations  < 

Public  health,  diseases  dangerous  to,  bacteriological  laboratories 
for  study  in  connection  with,  certificates  of  approval  of, 
issuance  by  state  department  of  public  health  .  .     344 

Public  institutions  (see  Titles  of  specific  institutions). 

Public  libraries,  division  of  (.see  Education,  department  of). 

Public  lodging  houses  (see  Inns,  lodging  houses,  etc.). 

Public  moneys  (see  County  finance;  Municipal  finance;  State 
finance). 

Public  nuisances  (see  Nuisances). 


22 
495 

36c 

287 

1 

52 
309 
309 

1,9,10 
544,  545 
552-555 

512 
309 

1 
546, 547 

503 

3 

309 

548, 551 

495 

548 

309 

556,  557 

495 

556,  557 

309 

542 

233 

1-3 

309 

560, 561 

309  { 

563-567; 
Page  368 

495 

563 

309 

560,  561 

495 

561 

1056 


Index. 


Public   officers    (see   Commonwealth,   oflBcers   and   employees   of; 
Counties,  officers  and  employees  of;    Municipal  officers 
and  employees;    and  titles  of  specific  officers). 
Public  records,  classified  civil  service,  records  and  files,  certain,  of 
officers,  boards,  etc.,  having  power  to  appoint  and  em- 
ploy persons  to  positions  in,  to  be  .  . 
pardons,  paroles,  etc.,  statements,  certain,  filed  with  state  secre- 
tary,  of  persons  representing  prisoners  for  purpose  of 
obtaining  granting  of,  to  be 
pardons,  petitions  for,  to  be   . 
supervisor  of,  appropriation    ....... 

unlawful  possession  of,  or  for  the  removal,  alteration,  deface- 
ment, destruction,  etc.,  of,  or  for  the  violation  of  certain 
other  provisions  relative  to,  further  penalty  for 
See  also  Records. 
PUBLIC   SAFETY,    DEPARTMENT   OF: 

in  general,  allowances  to  families  of  members  of,  killed  doing 

police  duty,  appropriation  for  payment  of  any  claims  for 

appropriations  ......... 

boards,  etc.,  in,  boiler  rules,  appropriations  .... 

boxing  commission,  appropriations        ..... 

commissioner : 

emergency  commission  to  act  in  cases  of  an  emergency  in  respect 

to  necessaries  of  life,  member  of,  to  be   . 
Massachusetts  aeronautics  commission,  member  of,  to  be 
sex   crimes,    so   called,    furnishing   of   information   to   certain 
authorities  relative   to   release   or   discharge   of   persons 
charged  with  or  convicted  of,  powers  and  duties  as  to 
state   police,    division   of,   retirement   of  members   of,   rating 
board  having  certain  powers  and  duties  relative  to,  to  be 
or  to  designate  a  member  of  ..... 

divisions  of : 

fire  prevention,  appropriations     . 

state  fire  marshal,  appropriation        .  .  .  .     _     . 

expenditures  required  of  owner  or  occupant  of  premises 
by,  to  remedy  conditions  thereat,  inclusion  of  value  of 
land  in  determining  amount  of  .  .  .  . 

explosives   and   inflammable   materials,   certain,   erection 
and  use  of  buildings,  etc.,  for  storage,  etc.,  of,  applica- 
tions for  reinstatement  of  licenses  for,  powers  and  duties 
relative  to         .......  . 

inspection,  appropriations   ....... 

state  police,  appropriations  .  . 

enlistment  of  members  of,  age  limit 

estimates  of  expenses  for,  changes  in  laws  relative  to,  necessi- 
tated by  adoption  of  biennial  sessions  of  general  court      . 
retirement  of  members  of,  relative  to  ...  . 

Public  schools  (see  Schools,  public). 

Public  service  corporations,  dissolution  of  certain 

See  also  Gas  and  electric  companies;  Public  utilities,  department 
of;   Railroads;   Street  railways;  Telephone  and  telegraph 
companies. 
PUBLIC    UTILITIES,    DEPARTMENT    OF: 

in  general,  appropriations    ....... 

armored  motor  vehicles,  contract  carriers  by,  exempt  from  laws 
requiring  filing  of  certain  contracts  with 

Boston,  city  of,  operation  of  motor  vehicles  for  carriage  of 
persons  for  hire  over  certain  routes  in,  licensing  by  . 

Boston,  Revere  Beach  and  Lynn  Railroad  Company,  proper- 
ties owned,  etc.,  in  Winthrop  and  Boston  by,  purchase  by 
Boston  Elevated  Railway  Company,  powers  and  duties 
as  to  ......... 

Bridgewater,  town  of,  water  supply  for  certain  inhabitants  of, 
furnishing  by  department  of  correction,  rates  for,  approval 
by 

buses,  special  and  chartered,  so  called,  placed  under  supervi- 
sion of         .  .  .  .  ■  •  .  .     _     . 

common  carriers,  proposed  changes  in  schedules  of  rates  of,  time 
of  taking  effect,  successive  suspensions  of,  by,  authorized  . 

Fairhaven  Water  Company,  furnishing  of  water  to  town  of 
Fairhaven  for  Sconticut  Neck,  price  to  be  paid  for,  to  be 
determined  by,  when   ....... 


Chap. 


420 


479 
309 


Item  or 
Section. 


309 
309 
309 
309 

667 
573-593 
586,  587 
592,  593 

261 
393 

4 
3,  Subs.  36 

116 

503 

3 

309 
309 

588-591 
588 

333 
309 
309 
503 

580-585 

576-579 

4,5 

508 
503 

11 
1-3,5 

179 
399 

1-5 
1-5 

(309 
\495 

634-651 
648-651 

171 

113 

1.2 

510 

293 

404 

18 

350 


Index. 


1057 


PUBLIC    UTILITIES,    DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

gas  and  electric  companies,  consolidation  or  merger  of,  or  sale 
of  property  of,  powers  and  duties  as  to  .  .  . 

rates,  prices,  etc.,  of,  proposed,  suspension  of  the  taking 
effect  of,  by,  relative  to         .  .  . 

motor  vehicles,  passengers,  carrying,  for  hire,  Boston,  city  of, 
routes  for,  in,  licensing  of  any  person  or  corporation  al- 
ready licensed  to  operate  from  Fall  River  to  Milton- 
Boston  line  by  .  .  .  .  .  . 

inquests  in  cases  involving  a  vehicle  of  certain  common 
carriers,  representation  at  ..... 

regulation  of,  powers  and  duties  as  to,  provisions  of  law 
delegating,  to  commercial  motor  vehicle  division  in  said 
department,  repealed         ...... 

special  and  chartered  buses,  so  called,  placed  under  super- 
vision of  ........ 

property,  transporting,  contract  carriers,  exemption  of  cer- 
tain, from  laws  requiring  filing  of  certain  contracts  wdth 
interstate  carriers,  exemption  from  payment  of  certain  fees 

in  certain  cases,  powers  and  duties  as  to      . 
leasing  of,  persons  engaged  in,  access  to  books  and  records 
of,  and  authority  to  require  certain  information  thereof, 
given  to  ........ 

replacing  of  lost  or  mutilated  plates  and  lost  or  destroyed 
certificates,  permits  and  licenses  issued  for,  powers  and 
duties  as  to      .  .  .  .  .  .  . 

Nantasket-Boston  Steamboat  Company,  agreement  with  town 
of  Hull  relative  to  service  by,  powers  and  duties  as  to 


railroad  locations,  construction,  etc.,  within,  by  certain  towns, 
districts,  etc.,  for  water  supply  purposes,  approval  by 


trucks  (see,  supra,  motor  vehicles,  property,  transporting). 

Winthrop,  town  of,  and  East  Boston,  transportation  facilities 
in,  improvement  of,  powers  and  duties  as  to  . 
commission,  chairman  of,  to  be  or  to  designate  a  meniber  of 
special  commission  to  investigate  relative  to  co-ordination 
of  transportation  facilities  in  and  around  metropolitan 
Boston  area,  the  extension  of  the  rapid  transit  system  from 
South  station  to  Readville  district  and  relative  to  con- 
tinuance of  adequate  railroad  transportation  service  for 
certain  communities     .....        Resolve 

orders,  etc.,  of,  equity  jurisdiction  to  enforce  or  review  excepted 
from  provisions  of  act  extending  to  superior  court  origi- 
nal jurisdiction  of  certain  matters  of  which  the  supreme 
judicial  court  has  heretofore  had  exclusive  jurisdiction 

securities,  promotion  and  sale  of,  all  functions  relating  to  ad- 
ministration and  enforcement  of  laws  relating  to,  to  be 
performed  by       ......  . 

divisions  of: 

commercial  motor  vehicle,  appropriations 

director  of,  leasing  of  trucks  and  motor  vehicles,  persons  en- 
gaged in,  provisions  giving  the  department  access  to  cer- 
tain books,  records,  etc.,  of,  as  affecting 
motor  vehicles,  passengers,  carrying,  for  hire,  regulation  of 
by,  repeal  of  certain  provisions  of  law  providing  for  . 

securities,  abolished,  and  powers  and  duties  thereof  transferred 
to  the  commission  of  said  department    . 
appropriations         ....... 


Chap. 

Item  or 
Section. 

229 

1 

178 

1.2 

113 

1,2 

30 

1.2 

335 

1.2 

404 

1.2 

171 

306 

307 


322 


34 

1,2 

17 

2 

52 

6 

286 

2 

287 

2 

290 

2 

336 

2 

350 

3 

512 

7 

510 


257 
442 


307 


smoke  inspection,  appropriations  .... 

telephone  and  telegraph,  appropriation 

Public  ways  (see  Ways,  public). 

Public  welfare,  ejectment  proceedings,  institution  of,  not  to  be 
made  a  prerequisite  to  payment  by  local  boards  of  public 
welfare  of  rent  owed  for  dwellings  by  certain  persons 
on  welfare  relief  ....... 


1.  3,  4,  8 


1-6 
646.  647 


1.2 


442 

1-6 

309 

650,  651 

495 

650,  651 

309 

648.  649 

495 

648,  649 

309 

638 

1058  Index. 

Item  or 
Chap.  Section. 

Public  welfare  —  Concluded. 

recovery  by  cities  and  towns  for  welfare  aid  rendered  to  persons 
having  lawful  settlements  in  other  cities  and  towns,  time 

extended  for  bringing  suits  for       .  .  .  .  .39  1,2 

relief,  borrowing  by  cities  and  towns  on  account  of  .  .  .  |  ^A 

Welfare  Reimbursement  Fund,  establishment,  use,  etc.      .  .  |  ^^g  Page^79^ 

See  also  Poor  and  indigent  persons. 
PUBLIC    WELFARE,    DEPARTMENT    OF: 

in  general,  administration  of  the  affairs  of,  study  by  executive 

department  relative  to,  appropriation     ....  1  A 

r  309  509-540 

appropriations  .  .  .  .  .  .  .  .  .  -^  495  510,  512 

[518  Page  792 

children  in  care  and  custody  of,  maintenance,  etc.,  of,  expendi-  f  454  21 

tures  for,  use  of  certain  funds  for  .  .  .  .  .  \  518  Page  792 

infants  prematurely  born,  care  of  certain,  reimbursement  of 

certain  towns  for  expenses  of,  upon  notice  to  .  .     246  2 

mothers  with  dependent  children,  aid  to,  appeals  under  law 

providing,  powers  and  duties  as  to  .  .  .  .     248 

old  age  assistance  law,  so  called,  appeals  under,  powers  and 

duties  as  to  .  .  .  .  .  .     481 

state    youth    administration    commission,    establishment    in, 

study  relative  to   .  .  .  .  .        Resolve       38 

appropriation  ........     495  36d 

supervisor  of  mothers  aid  in,  changes  in  appeal  provisions 
under  the  law  providing  aid  to  dependent  children,  as 

affecting 248 

Welfare  Reimbursement  Fund,  use  of,  for  certain  expenditures  /  454  21 

of  the  commonwealth  under  the  direction  of  .  \  518  Page  792 

advisory  board,   changes  in  appeal  provisions  under  the  law 

providing  aid  to  dependent  children,  as  affecting      .  .     248 

commissioner,  mothers  with  dependent  children,  aid  to,  appeals 

under  law  providing,  powers  and  duties  relative  to  .     248 

old  age  assistance  law,  so  called,  appeals  under,  powers  and 

duties  as  to  .  .  .  .      _    .     481 

referee  to  hear  appeals  under  law  providing  aid  to  mothers  with 

dependent  children,  appointment  by       .  .  .  .     248 

divisions  of: 

aid  and  relief,  appropriations        .  .  .  .  .  .     309  514,  515 

director  of,  changes  in  appeal  pro%dsions  under  the  law  pro- 
viding aid  to  dependent  children,  as  affecting  .  .     248 
child  guardianship,  appropriations        .          .          .          .          .  |  ,,  „  Pa2e~79'? 

director,  births  of  certain  abandoned  children  and  found- 
lings, making  and  recording  of  certificates  of,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .61  1-4 

juvenile  training,  appropriations  .....     309  528-538 

Massachusetts  training  schools,  trustees  of,  in  (see  Massa- 
chusetts training  schools). 


309  512,  513 

495  512 


state  board  of  housing  in,  appropriations     . 

PUBLIC  WELFARE,  LOCAL  BOARDS  OF: 

infants  prematurely  born,  care  of  certain,  powers  and  duties  rela- 
tive to 246  1,  2 

mothers  with  dependent  children,  aid  to,  law  providing,  right  of 
appeal  from  decisions  of,  under,  changes  in  provisions  rel- 
ative to 248 

old  age  assistance  law,  so  called,  appeals  under,  powers  and  duties 

as  to 481 

payment  of  rent  owed  for  dwellings  by  certain  persons  on  wel- 
fare relief,  making  the  institution  of  ejectment  proceed- 
ings a  prerequisite  for,  prohibited  .....      127 

poor  and  indigent  persons,  funeral  expenses  of  certain,  amounts 

payable  by  commonwealth  for,  increase  in,  as  affecting      .     370 

separation  of,  from  bureaus  of  old  age  assistance,  study  and  in- 
vestigation relative  to        ...  .        Resolve       65 
appropriation       ........     518  36p 

welfare  aid  rendered  by,  to  persons  having  lawful  settlements  in 
other  cities  and  towns,  suits  to  recover  for,  time  extended 
for  bringing  .  .  .  .  .  .  .  .39  1,2 

See  also  Poor  and  indigent  persons. 


Index.  1059 


Item  or 
Chap.  Section. 

Public  works,  fair  competition  for  bidders  on  construction,  etc.,  by 

commonwealth,  etc.,  of  certain,  required  .  .  .     480 

federal  grants  for  (see  Federal  emergency  laws). 
reserve  police  officers  employed  by  contractors  on  certain,  rate  of 

compensation  to  be  paid  to,  regulated    ....     252 
Public  Works  Administration,  Federal  (see  Federal  Public  Works 

Administration) . 
PUBLIC   WORKS    COMMISSION,    EMERGENCY: 

appropriations |309  224 

Boston  airport,  so  called,  bulkheads,  etc.,  construction,  etc.,  at 

or  near,  powers  and  duties  as  to    .  .  .  .  .     476  2 

federal  grants  for  aiding  certain  state  projects,  applications  for, 
and  acceptance  of,  by,  and  powers  and  duties  in  relation 
thereto        .  . 418 

north  and  south  metropolitan  sewerage  districts,  additional 
provisions  for  sewage  disposal  needs  of,  powers  and  duties 
in  connection  ^sdth        ....... 

powers  and  duties  further  extended  ..... 

PUBLIC   WORKS,   DEPARTMENT    OF: 

in  general,  administration  and  expenditures  of,  further  investi- 
gation relative  to  ....  .        Resolve 
study  by  executive  department  relative  to,  appropriation   . 


appropriations 


512 

4,  5,  7,  8 

1417 
1418 

2 

74 

1 

B 

309 

594-633a 

495/ 

598,  599. 

609b, 620 

624a,  633b; 

518] 

Pages  792, 

794 

13 

393 

2-5 

army  base  terminal  in  Boston  harbor,  improvement  of  ap- 
proaches to,  powers  and  duties  as  to       .  .        Resolve 

aviation,  revision  of  laws  relative  to,  as  affecting  certain 
powers  and  duties  of    . 

Boston  airport,  so  called,  bulkheads,  etc.,  at  or  near,  construc- 
tion by        ........  .     476  2 

Boston  and  Maine  Railroad,  payment  of  sum  of  money  to,  by, 
in  compensation  for  certain  parcels  of  land  in  city  of 
Revere  taken  by  eminent  domain  .  .        Resolve       36 

bridges  damaged  by  certain  floods,  reconstruction  of  certain, 
by,  payment  of  portion  of  cost  of,  by  certain  cities  and 
towns,  time  extended  for       .....  .     309  Page  361 

city  and  town  employees  engaged  in  work  being  done  under 
contract  with,  inclusion  of  certain,  within  provisions  of 
workmen's  compensation  law  .....     468 

East  Boston,  hulks  or  wrecks  lying  along  waterfront  of,  re- 
moval by 476  1 

appropriation 518  633b 

federal  funds,  applications,  etc.,  for,  powers  and  duties  as  to, 
not  affected  by  certain  act  giving  emergency  public  works 
commission  certain  powers  and  duties  in  relation  thereto     418 

flood   control  projects,   construction  of  certain,   co-operation 
with  United  States  by,  in  certain  highway  construction 
in  connection  with        .......     483  1-3 

rivers  and   streams,   building  of  structures,  etc.,  in,  with 
respect  to  which  expenditures  of  certain  funds  have 
been  made  for,  licensing  by        .  .  .  .  .513  6 

improvements,  certain,  in,  for  purposes  of       .  .  .  /  ^^^  1~^ 

Shawsheen  river,  control  of  flood  waters  in,  investigation 

as  to,  by Resolve       66 

Gelinas,  Eliza,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  land  taken  for  highway 
purposes,  approval  by  ....        Resolve       47 

Highway  Fund,  portion  of,  payments  to  cities  and  towns  for 

highway  purposes,  certain  duties  as  to     .  .  .     232 

provisions  imposing,  stricken  out         ....     504  1,2 

hulks  or  wrecks  lying  along  waterfront  of  East  Boston,  re- 
moval by  .......  .     476  I 

appropriation 518  633b 

Hull,  John  C,  payment  of  sum  of  money  to,  by,  as  compensa- 
tion for  certain  land  taken  for  highway  purposes     Resolve       49 


1060  Index. 


Item  or 
Chap.  Section. 


PUBLIC    WORKS,    DEPARTMENT    OF  —  Continued. 
in  general  —  Concluded. 

hurricane  and  floods,  highway  work  made  necessary  by,  re- 
appropriation  of  certain  funds  for  ....     518  Page  792 

Mauro,  Eugene  and  Mary,  payment  of  sum  of  money  to,  by, 
for  damages  in  connection  with  the  construction  of  the 
Boston-Worcester  turnpike,  so  called  .        Resolve       32 

McDonnell,    Richard,    formerly   an   employee   of,   retirement 

allowance  of         .  .  .  .  .  .  .  .     330 

Menemsha  basin  in  town  of  Chilmark,  bulkhead  along  portion 

of  shore  of,  construction  by  .....     437  1 

New  Bedford,  state  pier  at,  repairs  and  certain  other  im- 
provements at,  making  of  certain,  by     .  .  .      164  1,  2 

Picardi,  Mary,  conveyance  of  certain  land  in  city  of  Revere 

to,  by  .  .  .  ■  Resolve       59 

public  ways,  other  than  state  highways  in  small  towns,  ex- 
penditure of  state  funds  for  repair  and  improvement  of, 
certain  restriction  upon,  removed  .  .  .  .     224 

Quannapowitt,  Lake,  drainage  of  low  lands  in  town  of  Reading 

adjacent  to,  powers  and  duties  as  to       .  .  .  .     458  1-7 

Quincy,  city  of,  sea  wall  along  shore  of  Great  Hill,  so  called, 

in,  construction  by,  limitation  on  cost  of,  removed  .  .331 

Reading,  town  of,  Lake  Quannapowitt,  drainage  of  low  lands 

adjacent  to,  in,  powers  and  duties  as  to  .  .  .     458  1-7 

Reynolds,  Charles  V.,  and  Edward  B.,  payment  by  common- 
wealth of  sum  of  money  to,  as  compensation  for  certain 
parcels  of  land  taken  by        .  .  .  .        Resolve       42 

rivers  and  streams,  building  of  structures,  etc.,  in,  with  respect 
to  which  expenditures  of  federal,  state  or  municipal  funds 
have  been  made  for  any  form  of  flood  control,  licensing 

by 513  6 

improvements,  certain,  in,  making  by,  for  purpose  of  pro-  f  513  1-5 

tection  against  flood     .  .  .  .  .  .  \  517  3 

Roughan's  Point  in  city  of  Revere,  protection  of  shore  at, 

by      .....■■  •        Resolve       25 

Shawsheen  river,  control  of  flood  waters  in,  for  flood  protection 

purposes,  investigation  as  to,  by    .  .        Resolve       66 

Springfield,  city  of,  sewerage  system,  supplementing  of,  con- 
struction of  certain  structures  in  connection  with,  ap- 
proval by,  powers  and  duties  relative  to  ...       52  6, 9 

state  highways,  contracts  anticipating  appropriations,  changes 
in  certain  requirements  as  to,  necessitated  by  adoption  of 
a  biennial  budget  .......     502  13 

Studley,  Gilbert,  payment  of  sum  of  money  to,  by,  as  com- 
pensation for  certain  land  taken  for  highway  pur- 
poses .......        Resolve       39 

United  States,  construction  by,  of  certain  flood  control  proj- 
ects, co-operation  in  certain  highway  construction  in 
connection  with,  by      ......  .     483  1-3 

Whiting,  George  H.,  payment  of  sum  of  money  to  heirs  of, 
by,  as  compensation  for  certain  land  taken  for  highway 
purposes     .......        Resolve       58 

advisory  board  of  aeronautical  experts  in,  aboHshed   .  393  6 

commissioner,  Boston  airport,  so  called,  height  of  buildings 
within  certain  distance  of,  regulation  of,  powers  and 
duties  as  to 412  3,  5,  6 

highway  construction,  reimbursement  due  from  federal  gov- 
ernment on  account  of,  amount  of,  certification  to  comp- 
troller by .  ...  .518  Page  794 

Holden,  town  of,  sanitary  sewers,  certain,  construction,  etc., 
within  location  of  any  state  highway,  powers  and  duties 
as  to 286  2 

Massachusetts  aeronautics  commission,  member  of,  to  be        .     393        3,  Subs.  36 

rivers  and  streams,  improvements,  certain,  in,  for  flood  pro- 
tection purposes,  duties  as  to  .  .  .  .  .     513  5 

Rutland,  town  of,  sanitary  sewers,  certain,  construction,  etc., 
within  location  of  any  state  highway,  powers  and  duties 
as  to  .........     287  2 

f  309  598-609 

C         598  599 

highways,  functions  relating  to,  appropriations  .  .  ^  495  j  '609b 


[518  Pages  792,  794 


Index. 


1061 


Chap. 


Q- 


Quabbin  reservoir,  so  called,  records  of  towns  of  Dana,  Enfield, 

Greenwich  and  Prescott,  keeping  and  preservation  of,  at 

Quannapowitt,  Lake,  drainage  of  low  lands  in  town  of  Reading 

adjacent  to  ........ 

water  level  of,  regulation  of,  relative  to   . 
Quartermaster,  state,  appropriations  ..... 

revision  of  militia  laws,  as  affecting  ..... 

Quincy,  city  hospital  (see  City  Hospital  of  Quincy). 

city  of  (see  Cities  and  towns). 
Quinnebaug  river,   sanitary  condition  of,  compilation  of  certain 
information  relative  to  ....        Resolve 

appropriation  ........ 

Quinsigamond,  Lake,  water  rights  in,  etc.,  present  status  and  use 
of,  determination  of  ....        Resolve 

appropriation       ........ 

Quo  warranto,  proceedings  relating  to,  and  informations  in  the 
nature  thereof,  superior  court  to  have  original  jurisdiction 
concurrently  with  the  supreme  judicial  court  of 


309 

518 


393 


PUBLIC    WORKS,    DEPARTMENT    OF  —  Concluded. 

registrar  of  motor  vehicles,  appropriations  .... 

aviation  laws,  revision  of,   as  affecting  certain  powers  and 
duties  of     ........  . 

deficits  in  certain  accounts  of  the  registry  of  motor  vehicles 
with   the   commonwealth,   relieved  from   accounting  for 
certain     ■    .  .    .    Resolve       24 

drunken  drivers,  so  called,  restoration  of  motor  vehicle  li- 
censes to,  powers  and  duties  as  to  .  .  .82 
investigators  and  examiners  appointed  by,  to  be  eligible  for 
membership  in  Massachusetts  Police  Mutual  Aid  Asso- 
ciation        .........     137 

non-residents,  operation  of  motor  vehicles  by,  without  Massa- 
chusetts registration,  powers  and  duties  as  to,  as  affecting     325 
trailers,  registered,  number  plates  for,  furnishing  by       .  .     436 

See  also  Motor  vehicles. 
waterways  and  public  lands,  functions  relating  to,  appro-  f  309 
priations  .  .  .  .  .  \  495 

Pulmonary  dust  diseases,  occupational,  employees  in  granite 
industry  contracting,  benefits  under  workmen's  compen- 
sation law,  extension  to  .....  .     465 

Pupils  (see  Schools). 

Purchase    and    sale    agreements    (see    Conditional    sales;     Real 

property). 
Purchasing  agent  (see  Administration  and  finance,  commission  on, 
state  purchasing  agent) . 


172 

458 
458 
309 
425 


495 


40 
495 


257 


Item  or 
Section. 


610-612 


613-633a 
620 


1-7 

2 

135-143 

1,  Subs.  69(c) 


36c 


36h 


R. 

Rabies,  reinibur.sement  of  certain  cities  and  towns  for  the  cost  of  anti- 

rabic  vaccine  furnished  to  them,  relative  to    . 
Races,  horse  and  dog  (see  Horse  and  dog  racing  meetings  con- 
ducted under  pari-mutuel  system  of  wagering). 
RACING   COMMISSION,    STATE: 

appropriations       ......... 

suspension  of  dog  racing  meetings  in  competition  with  state  or 

county  fairs,  powers  and  duties  as  to      . 
See  also  Horse  and  dog  racing  meetings,  etc. 

Radio  broadcasting  stations,  employment  and  hours  of  labor  of 
certain  minors  in,  further  regulated         .... 

Railroads,  bonds  of,  investment  in,  by  savings  banks,  institutions  for 
savings  and  trust  companies  in  their  savings  departments, 
requirements  for,  further  modified  .... 

continued  transportation  service  for  communities  served  by  cer- 
tain, particularly  commuting  pas.senger  service,  so  called, 
action  to  assure,  investigation  relative  to         .        Resolve 


42 


309 

174,  175 

505 

1.3 

273 
348 
352 
461 

5,6,9 

87 

1.2 

64 

1062  Index. 


Item  or 
Chap.  Section. 


Railroads  —  Concluded. 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
See  also  Boston  and  Maine  Railroad;    Boston  and  Providence 
Railroad  Corporation;    Boston,  Revere  Beach  and  Lynn 
Railroad  Company;   Carriers;    New  York,   New   Haven 
and  Hartford  Railroad  Company;    Old  Colony  Railroad 
Company. 
Railroad  Unemployment  Insurance  Act,  Federal,  unemploy-  • 
ment  compensation  law,  state,  changes  in,  so  as  to  conform 
to  certain  provisions  of  .....  .     374  1-6 

Railways,  street  (see  Street  railways). 

Rape  (see  Sex  crimes,  so  called). 

Rapid  transit  system,  Boston,  city  of,  in,  extension  from  South 

station  to  Readville  district,  investigation  as  to         Resolve       64 
See  also  Boston  Elevated  Railway  Company. 
Rates,  common  carriers,  of,  proposed  changes  in,  time  of  taking  effect, 
department  of  public  utilities  authorized  to  make  succes- 
sive suspensions  of        .  .  .  .  .  .  .18 

sale  and  distribution  of  gas  and  electricity,  proposed,  for,  suspen- 
sion of  the  taking  effect  of,  relative  to    .  .  .  .178  1,  2 

Rating  board,  state  police,  division  of,  retirement  of  members  of, 

having  certain  powers  and  duties  relative  to,  provision  for     503  3 

Ratshesky,  A.  C,  Foundation,  gift  from,  of  certain  land  in  city  of 
Boston,  acceptance  by  adjutant  general  on  behalf  of  com- 
monwealth ........     338 

Reading,  town  of  (see  Cities  and  towns). 

Readville  district  of  city  of  Boston,  extension  of  rapid  transit  sys- 
tem in  city  of  Boston  from  South  station  to,  investigation 
relative  to  .  .  .  .  .  .  .        Resolve       64 

Real  property,  agreements  for  the  purchase  and  sale  of,  and  exten- 
sions thereof,  certain  requirements  as  to  .  .  .     270 
alienation  of  (see  Taxation,  local  taxes,  collection  of,  sale  or  tak- 
ing of  land,  by), 
assessment  of  taxes  on,  person  in  possession  or  owner  of  any 

present  interest  therein,  to,  in  certain  cases     .  .  .175 

fees  for  registering  instruments  of  taking  of,  for  non-payment  of 

taxes  .........       13 

fire  prevention,  expenditures  required  of  owner  or  occupant  of 
premises  in  connection  with,  inclusion  of  value  of  land  in 
determining  amount  of  .....  .     205 

homestead   estates,   amount  of  exemption  allowed   by  law  to 

owners  of,  increased      .......       32  1-5 

mortgages  of  (see  Mortgages), 
taxation  of  (see  Taxation). 

title  to,  companies  insuring  (see  Insurance,  companies,  title). 
See  also  Land. 
Rebecca  Pomroy  Newton  Home  for  Orphan  Girls,  Corporation 

of  the,  purposes  of,  changed  .....     378 

Rebellion,  war  of  the  (see  Civil  war  veterans). 

Receivers,  alcoholic  beverages,  laws  relating  to,  made  applicable  to, 

in  certain  instances       .......     470  1,  2 

insolvent  title  insurance  companies,  of,  made  subject  to  general 
laws  relating  to  receivers  of  other  insolvent  insurance 
companies  .  .  .  .  .  .  ■  •  .     225 

insurance,  commissioner  of,  appointment  of,  as  receiver  for  re- 
habilitation, conservation  and  liquidation  of  certain  do- 
mestic and  foreign  insurance  companies  .  .  .     472  1-4 
mutual  liability  insurance  companies,  impairment  of  guaranty 
capital  of,  appointment  of,  upon    ..... 

Reclamation  board,  state,  appropriations  ..... 

Charles  river  valley,  protection  of  public  health  and  relief  from 
mosquito  nuisance  in  certain  portion  of,  investigation  rela- 
tive to,  by,  etc Resolve       54 

Reclamation  districts  (see  Districts). 

Reclamation,  soil  survey  and  fairs,  division  of  (see  Agriculture, 

department  of). 
Records,  births,  of  (see  Births). 

courts,  of,  extension  of  papers  on,  and  disposal  of  obsolete  and 

useless  papers,  relative  to      .  .  .  .  .  .157 

Dana,  Enfield,  Greenwich  and  Prescott,  towns  of,  of,  permanent 

custody  by  metropolitan  district  commission  of        .  .172 

marriage,  certain,  of  (see  Marriage), 
public  (see  Public  records). 


488 

2 

309 

266,  267 

495 

266 

Index. 


1063 


Recovery  Act,  National  Industrial  (see  National  Industrial  Re- 
covery Act). 

R.  E.  Cox  Coal  Co.,  Inc.,  The,  revived  for  certain  purposes 

Recreational  camps,  licen.sing  of,  required  ..... 

Recreation  Congress,  National,  expenses  of,  appropriation  . 

Redemption,  rights  of,  subdivisions  of  property  taken  or  sold  for 
taxes,  with  respect  to  . 
See  also  Taxation,  local  taxes,  collection  of,  taking  or  sale  of  land, 
by. 

Redistricting  Acts,  So  Called 

Referendum  (see  Initiative  and  referendum). 

Reformatory,  institutions  (see  Penal  and  reformatory  institutions). 

Massachusetts  (see  Massachusetts  reformatory) . 

women,  for,  appropriations     ....... 

REGISTERS   AND    REGISTRIES    OF    DEEDS: 

in  general,  bonds  given  by,  changes  in  requirements  as  to 
recording  and  filing,  etc.,  of  instruments  with: 

agreements  for  purchase  and  sale  of  real  estate,  and  exten- 
sions thereof,  certain  reciuirements  as  to 
redemption  of  3ubdi\isions  of  land  taken  or  sold  for  taxes, 
memoranda  in  connection  -u-ith      ..... 

Registers  and  registries  of  probate  and  insolvency  (see  Probate 

and  insolvency,  registers). 
Registrar  of  motor  vehicles  (see  Public  works,  department  of). 
REGISTRARS    OF   VOTERS: 

census,  decennial,  certain  powers  and  duties  of  assessors  as  to, 
transferred  to       .  .  .  .  .  .  .        _  . 

inns,  lodging  houses  and  public  lodging  houses,  securing  of  certain 

information  relative  to  persons  residing  at,  in  connection 

with  registration  thereof  as  voters,  powei  s  and  duties  as  to 

lists  of  inhabitants  of  cities  and  towns,  preparation,  printing  and 

posting  of,  powers  and  duties  as  to    _ 
nominations  for  city  and  town  offices,  decisions  on  objections  to, 

required  to  be  rendered  within  a  definite  time  . 
offices  exempted  from  pro\asions  of  law  authorizing  cities  and 

towns  to  place  certain  offices  under  civil  service  laws 
representative  districts,  division  of  counties  into,  and  assignment 

of  representatives  thereto,  return  of,  making  to 
verification  of  voting  lists,  state  wide,  powers  and  duties  as  to 
Registration  (see  Licenses  and  permits;  also  specific  titles). 

civil  ser\-ice  and,  department  of  (see  Civil  service  and  registra- 
tion, department  of). 
di\'ision  of  (see  Ci\'il  service  and  registration,  department  of). 
Rehabilitation,  vocational,  appropriations  .... 

Rehoboth,  town  of  (see  Cities  and  towns). 

Rejected  risks,   workmen's  compensation  law,  under   (see  Work- 
men's compensation,  insurers). 
Relief,  aid  and,  division  of  (see  Public  welfare,  department  of). 

welfare  (see  Public  welfare). 
Religious  corporations  (see  Churches  and  religious  corporations) 
Removal  sales,  so  called,  further  regulated  .... 

Rent,  owed  by  certain  persons  on  welfare  relief,  institution  of  eject 
ment  proceedings  not  to  be  made  a  prerequisite  to  pay 
ment  by  local  boards  of  public  welfare  of  said  rent    . 
Reporter  of  decisions  of  supreme  judicial  court,  appointment 
of,  etc.,  by  the  justices  of  the  supreme  judicial  court 
appropriations       ........ 

Reports,  annual  (see  Annual  reports). 

Representative  districts  (.see  Representatives  in  general  court). 
Representatives,  house  of  (see  General  court). 
Representatives  in  general  court,  apportionment  to  the  several 
counties,    establishment    of    boards    of    special    commis- 
sioners to  divide  the  several  counties,  except  Dukes  and 
Nantucket,    into   representative    districts   and   to    assign 
representatives  thereto  ...... 

appropriation  ........ 

Representative  town  government,  Adams,  in,  chairman  of  the 
board   of  cemetery  commissioners  to  be  town  meeting 
member  at  large  ....... 

nomination   of   candidates   for  re-election   as   town   meeting 
members,  further  regulated  ...... 

Palmer,  in,  establishment,  etc.         ...... 


Chap. 


324 
416 
309 

181 


467 
507 


270 
181 


309 


207 

127 
6 


Item  or 
Section. 


680 


1-4 
1,2 


309         507 
495    507,  507d 


214 


369 

1,  2 

188 

1-3 

166 

183 

467 
450 

2 
1-4 

349,  350 


1-3 
45-47 


467 
518 

1-4 
36aa 

33 

202 

1.3 
1.  2 

33 
202 
110 

2,3 

1,2 

1-14 

1064 


Index. 


Chap. 
Re-registration  of  voters  (see  Voting  lists,  verification,  state  wide, 

of). 
Reservations,  park,  metropolitan,  maintenance,  appropriations       .  |  ~Y^ 

Nantasket  beach  reservation,  maintenance  of,  appropriation  .     309 

Salisbury  beach  reservation,  maintenance  and  improvement  f  309 

of,  appropriations  .  .  .  .  .  .  \  495 

state,   Heath   Hen  reservation,  establishment    as   part    of   the 

Martha's  Vineyard  State  Forest    .....     132 

Indian  reservation,   establishment  of,   within   boundaries  of 

Freetown-Fall  River  state  forest  ....     384 

Wachusett  Mountain  (see  Wachusett  mountain  state  reserva- 
tion) . 
Reserve    forces,    metropolitan    police    (see    Metropolitan    district 
commission). 
poHce  and  fire  departments  of  certain  cities  and  towns,  of,  ulti- 
mate abolition  of  ......  .     419 

See  also  Fire  departments;  Police  officers. 
Reservoirs  (see  Waters  and  waterways). 
Residential  qualifications,  guardians  of  wards  residing  in  another 

state,  of,  abolition  of  certain  .....       57 

Resolves  (see  Acts  and  resolves;   Statutes). 

Respite  from  sentence  (see  Pardons;   Parole). 

Restraining  orders  (see  Injunctions). 

Retail  drug  business  (see  Drug  business,  retail). 

Retirement,  state  board  of  (see  Retirement  systems  and  pensions, 

commonwealth,  of). 
RETIREMENT    SYSTEMS   AND    PENSIONS: 

pensions,  Boston,  city  of,  fire  department,  certain  members  of, 

for     .  .  . 237 

court  officers,  for,  appropriation  .....     309 

Fewkes,  Ernest  E.,  for,  by  city  of  Boston      ....     386 
Fitchburg,  city  of,  fire  department,  certain  call  members  of, 

for     .  .  .  . 355 

Ford,  Anna  R.,  reinstatement  in  service  of  town  of  Watertown 

for  sole  purpose  of  being  retired     .....     389 

judges  and  justices,  for,  appropriation  .  .  .  .     309 

laborers,  foremen,  inspectors,  mechanics,  draw  tenders,  assist- 
ant draw  tenders  and  storekeepers  in  employ  of  certain 
cities  and  towns,  for,  relative  to    .  .  .  .  .     243 

sewerage  districts  and  certain  joint  water  boards,  of,  for,  and 
regulating  the  manner  of  computing  for  retirement  pur- 
poses the  time  of  service  of  laborers  retired  by  certain 
water   and    sewerage    districts    and    certain    joint   water 
boards         .  .  .  .  .  .  .  .     361 

Mooney,  James  W.,  temporary  reinstatement  in  labor  service 

of  city  of  Fall  River,  for  retirement  purposes   ...       95 
New  Bedford,  city  of,  fire  department,  members  of,  for,  amount 

of       .  .  . 327 

police  officers,  for,  in  certain  cities        .....     264 

state,  for,  appropriation  .......     309 

prison  officers  and  instructors,  for,  appropriation  .  .  .     309 

Searle,   William  L.,  payment  by  commonwealth  of  annuity 

to       .......  .        Resolve       56 

{309 
518 
state  employees,  for,  appropriations      .  .  .  .  .     309 

state  house,  women  formerly  employed  in  cleaning,  for,  appro- 
priation     .........     309 

teachers,  for,  appropriations         ......     309 

See  also,  infra,  retirement  systems. 

veterans,  certain,  for,  appropriations    .  .  .  .  •  i  "sis 

See  also  Old  age  assistance,  so  called. 
retirement  systems,  in  general,  funds  of,  city,  town  and  county 
treasurers  to  be  bonded  with  respect  to  the  performance 
of  their  duties  in  connection  with  ....     109 

perfecting  changes,  certain,  in  laws  relating  to    .  .  .451 

prior  service,  contributions  on  account  of,  making  of,  by  cer- 
tain persons  under  contributory  systems  .  .  .     316 
transfers  from  system  to  system,  further  regulated      .  .     449 
Boston,  city  of,  of,  accumulated  deductions  of  deceased  mem- 
bers, disposition  of,  in  certain  cases         ....     131 


Item  or 
Section. 


675-680 
675 


285 
286 


1.2 


1-3 

48 

1,  2 


1,  2 
90 


1.2 


1-3 
1,2 
662 
661 


665 

665 

222,  659-663 

663 
377-379 

659, 660,  665 
665 


1.2 
3-5 


1.2 
1,2 


Index. 


1065 


RETIREMENT    SYSTEMS    AND    'PENSIONS  —  Concluded. 
retirement  systems  —  Concluded. 

Boston,  fire  department,  act  relative  to  pensioning  of  certain 

members  of,  not  to  apply  to  firemen  who  are  members 

of 

teacher's  retirement  fund,   payment  to  estates  of  certain 

teachers,  one  half  of  total  amount  paid  into 
Bridgewater,  town  of,  establishment  in,  authorized,  if  the  town 

so  votes  at  its  current  town  election        .  .      _     . 

Chelsea,  city  of,  of,  amount  of  credit  for  prior  service  to  be 

given  certain  employees  in,  increased      .... 
cities  and  towns,  of,  contributory  systems,  certain  employees 

authorized  to  become  members  of,  and  regulating  their 

credit  under  such  systems  for  prior  service 
commonwealth,  of,  appropriations 

board  of  retirement,  appropriations 

duties  relative  to  certain  appropriations,  changes  in,  neces- 
sitated by  adoption  of  biennial  sessions  of  general  court 
state  police,  division  of,  retirement  of  members  of,  by, 
relative  to         .......  . 

land  court,  present  chief  title  examiner  of,  exempted  from 

provisions  relating  to   . 
McDonnell,  Richard,  retirement  allowance  of,  under 
Monette,  Joseph,   made  eligible  for  retirement  allowance 
under  ......... 

removal  of  certain  employees  of  commonwealth  or  metro- 
politan district  commission  under  certain  provisions  of, 
relative  to  .  .  .  .  .         _ .  .  . 

state  police,  division  of,  officers  of,  membership  in,  relative  to 
counties,  of,  membership  in,  further  regulated 

Middlesex,  Chadwick,  Henry  D.,  membership  in 
teachers,  of,  funds,  certain,  changes  in  certain  provisions  rela- 
tive to,  necessitated  by  adoption  of  biennial  sessions  of 
general  court        ........ 

retirement  board,  annual  report,  changes  in  law  relative  to, 
necessitated  by  adoption  of  biennial  sessions  of  general 
court       ......... 

appropriations     ........ 

Worcester,  city  of,  of,  rate  of  interest  allowed  on  certain  funds 
under,  reduced     ........ 

Revenue  loans,  municipal  (see  Municipal  finance,  borrowing  of 

money). 
Revere,  city  of  (see  Cities  and  towns). 

Review,  board  of,  unemployment  compensation  division,  in,  ap- 
pointment, powers,  duties,  etc. 

Revolvers,  carrying  of,  by  penal  institutions  commissioner  of  the 
city  of  Boston,  his  deputy  and  by  certain  officers  in  penal 
and  reformatory  institutions  ..... 

Reynolds,  Charles  V.,  and  Edward  B.,  payment  by  common- 
wealth of  sum  of  money  to,  as  compensation  for  certain 
parcels  of  land  taken  for  highway  purposes      .        Resolve 

Rheumatism,  chronic,  hospitalization  of  patients  with,  appropria- 
tion   .......... 

Richardson,  Adelbert  O.,  estate  of,  balance  of,  which  has  es- 
cheated to  commonwealth,  payment  from  state  treasury 
of       .......  .        Resolve 

Rifle  range,  state,  lands  adjacent  to,  armory  commission  authorized 
to  acquire  and  convey  certain        ..... 

Rifles  (see  Firearms). 

Rights  of  way  (see  Easements). 

Rivers  (see  Waters  and  waterways). 

Roads  and  roadways  (see  Ways). 

Rochester,  town  of  (see  Cities  and  towns). 

Rockport,  town  of  (see  Cities  and  towns). 

Rolf,  Carl,  funeral  expenses  of,  city  of  Springfield  authorized  to 
reimburse  his  widow  for         ...... 

Roughan's  Point,  Revere,  city  of,  in,  protection  of  shore  at      Resolve 

Round  pond  (see  Dorety  pond). 


Chap. 


Item  or 
Section. 


237 

2 

186 

27 

1,2 

114 

1.2 

228 
309 
495 
309 
495 

220-222 
222 

220-222 
222 

508 

12 

503 

3 

16 
330 

1,2 

478 


433 

503 

1-3,5 

158 

1,2 

353 

1-4 

508 
309 


15 
375-379 


l,Subs.  9N; 

3,  Subs.  28, 

29,31;  8 

15,  Subs. 

27,28 


42 
309 

62 
297 


289 
25 


562 


1066 


Index. 


Chap. 


50 


499 


Ruest,  Ernest,  and  Albert,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  rental  and  loss  of  two 
dories  hired  during  recent  hurricane  emergency       Resolve 

Rules  and  regulations,  state  officers,  departments  or  heads  thereof, 
promulgated  by,  annulling  of,  by  general  court 
list  of,  inclusion  in  annual  reports  of  said  officers,  etc. 

Runners,  so  called,  attorneys  at  law,  employed  by,  changes  in  the 

law  relative  to     .......  .     197 

Rutland,  state  sanatorium,  appropriation      .....     309 
town  of  (see  Cities  and  towns). 

Ryan,  Martin  W.,  Inc.,  instrument  purporting  to  be  a  contract 
between  commonwealth  and,  for  reconstruction,  etc.,  of 
certain  buildings  at  Framingham  state  teachers  college, 
provision  for  completion  of  such  reconstruction       .  .     492 


Item  or 
Section. 


4A 
4 


1 
570 


s. 

Safety,  public,  department  of  (see  Public  safety,  department  of). 

Sailors  (see  Soldiers,  sailors  and  marines). 

Salaries  (see  Wages). 

Salem,  city  of  (see  Cities  and  towns). 

state  teachers  college,  appropriations        ..... 

Sale  of  securities  act,  administration  and  enforcement  of,  abohtion 
of  securities  division  in  department  of  public  utilities,  as 
affecting     ......... 


appropriations 


Sales,  closing  out,  so  called,  further  regulated  .... 

conditional  (see  Conditional  sales). 

Fair  Trade  Law,  so  called,  penalty  by  way  of  forfeiture  imposed 
on  persons  performing  acts  constituting  unfair  competi- 
tion under  .  .  .  .  .  . 

vending  equipment,  commodities  sold  from  certain,  made  sub- 
ject to  ........  . 

milk  beverages,  so  called,  of,  regulated     .  .  .  .  . 

motor  fuel  sales  act,  so  called  ...... 

administration  of,  appropriation  .  .  .  .  . 

unfair  sales  act,  so  called,  clarifying  of,  by  further  defining  cer- 
tain terms  as  used  therein     ...... 

See  also  names  of  specific  articles  of  personal  property. 
Salisbury,  Beach  reservation,  appropriations  .... 

Reclamation  District,  refunding  of  certain  indebtedness,  author- 
ized   .......... 

town  of  (see  Cities  and  towns). 
Salvage  commission  (see  Timber  Salvage  Commission). 
Sanatoria,  county  (see  Essex  county  sanatorium). 
SANATORIA,    STATE: 

in  general,  appropriations 

Lakeville,  appropriation      _    . 

North  Reading,  appropriation 

Rutland,  appropriation 

Westfield,  appropriation 

Sanitary  engineering,  division  of  (see  Public  health,  department  of) . 

Saugus  river,  obstructions  to  flow  of,  removal  of,  in  connection  with 

drainage  of  certain  low  lands  .  .  .  .  . 

Savings  and  insurance  banks  (see  Savings  bank  life  insurance). 
Savings  bank  life  insurance : 

excise  tax,  payment  of  certain,  by  savings  and  insurance  banks 
upon  net  value  of  all  policies  issued  thereby 
Savings  bank  life  insurance,  division  of  (see  Banking  and  insur- 
ance, department  of). 
Savings  banks  (see  Banks  and  banking). 
Savings  Central  Fund,  Inc.,  Mutual  (see  Mutual  Savings  Central 

Fund,  Inc.). 
Savings,  institutions  for  (see  Banks  and  banking,  savings  banks). 
Schedules,  common  carriers,  of  (see  Rates). 

School  athletic  accident-benefit  plan,  so  called,  insurance  laws 
made  inapplicable  to  certain  organizations  administering 
School  children  (see  Schools). 
School  committees  (see  Schools,  public). 


309 
495 


442 
309 
495 
207 


101 


458 


167 


395 
395 


1-6 
650,  651 
650,  651 


231 
317 

459 
518 

1-3 

465a 

189 

1.  2 

309 
495 

285 
286 

1,2 


.  309 

568-571 

.  309 

568 

.  309 

569 

.  309 

570 

.  309 

571 

1-3 


Index. 


1067 


SCHOOLS:  .      .       ,     ,. 

in  general,  alcoholic  beverages,  notice  of  applications  for  licenses 
to  sell,  or  for  transfers  thereof,  givang  to  certain,  required 

athletic  accident-benefit  plan,  so  called,  insurance  laws  made 
inapplicable  to  certain  organizations  administering  . 

dancing  schools,  so  called,  licensing  and  police  supervision  of, 
in  city  of  Boston  and  certain  other  cities  and  towns  . 

medical  schools,  aliens,  certain,  teaching  in,  exempted  from 
certain  citizenship  requirements  relative  to  practice  of 
medicine     .  .  .  .  •  •.-.•..• 

veterinary  medicine,  of,  approval  of,  in  connection  with  eligi- 
bility requirements  for  registration  as  veterinarians,  regu- 
lated          .  . 

public,  attendance,  compulsory,  at,  age  hmit  for,  raised   ._ 

co-operative  courses  in,  school  attendance  law,  as  affecting 

Lynn,  city  of,  underpass  under  Broad  street  in,  construction, 
etc.,  for  school  children  .  ._         .    _      . 

modern  languages,  teaching  of  certain,  in  certain  high  schools, 
requirements  as  to        . 

pupils  in,  attendance  by  (see,  supra,  attendance,  compulsory, 
at). 

school  committees,  employment  permits,  issuance  of,  powers 
and  duties  as  to  ....... 

state  aid  and  reimbursement  for,  appropriations    . 

superintendents  of  school,  compulsory  attendance  at  school, 

raising  of  age  limit  for,  as  affecting  powers  and  duties  of 

employment  permits,  granting  of,  to  children  under  sixteen, 

powers  and  duties  as  to         .  .  .  .  •      _    . 

support  of,  remedy  in  case  a  city  or  town  fails  to  provide 
sufficient  money  for     .  .  .  .  •..-..■ 

teachers  in,  exempted  from  provisions  of  law  authorizing  cities 

and  towns  to  place  certain  offices  under  civil  service  laws 

Gosnold,   town  of,   reimbursement  by  commonwealth  for 

salary  of  certain  teacher  employed  by     . 
institutes,  expenses  of  holding,  appropriation 
retirement  of  (see  Retirement  systems  and  pensions), 
vocational  schools,  for,  training  of,  appropriation 
trade  schools,  regulation  of  ...... 

vocational  schools,  co-operative  courses  in,  relative  to   . 
county  and  district,  investigation  relative  to     .        Resolve 
teachers  for,  training  of,  appropriation       .  .  .  . 

transportation  of  pupils  to,  by  towns  which  maintain  a  high 
school  but  no  school  for  industrial  education 
special  provisions  relative  to  particular  schools: 

Belchertown  state  school,  appropriations       .... 

custody  of  persons  committed  to,  relative  to      . 
Bradford  Durfee  Textile  School,  appropriation 
Chamberlayne   School,    use   by,   of   name   of   Chamberlayne 

Junior  College,  authorized,  etc.      ..... 

Dana  Hall  Schools,  use  by,  of  name  of  Pine  Manor  Junior 

College  as  applying  to  a  certain  division,  authorized,  etc. 
Dukes  County  Academy,  Trustees  of,  real  estate  and  moneys 

held  by,  transfer  to  town  of  West  Tisbury 
Dummer   Academy,    Trustees   of,    authority    of,    to    borrow 

money,  further  increased 

Fernald,  Walter  E.,  state  school,  appropriations 

custody  of  persons  committed  to,  relative  to 
industrial  school  for  boys,  appropriation 
industrial  school  for  girls,  appropriation 
Lowell  textile  (see  Lowell  textile  institute). 
Lyman  school  for  boys,  appropriation 
Massachusetts  hospital  school,  appropriation 
Massachusetts  nautical  school,  appropriations 

Massachusetts  school  of  art,  appropriation    . 
Massachusetts  training  schools  (see   Massachusetts  training 
schools). 


Chap. 

414 
167 
253 


Item  or 
Section. 


415 

1.4 

251 
461 
461 

3,4, 

1 

1-3 

4A,  9 

143 

1-3 

311 

461 
309 
.518 

10 
345-348, 
358,  535; 
Page  368 
Page  792 

461 

2,3, 

7-10 

461 

3, 

7-10 

294 

183 

445 
309 

353 

309 
343 
461 
35 
309 

351 

1-3 

4 

351 

308 

r309 

1387 

500 

309 

493 
2 
6 

401 

365 

249 

154 

119 
[309 
387 
[495 
500 
309 
309 


/309 

1495 

309 


1.2 
1.2 


494, 494b 

2 

494b 

6 

536 

537 

538 
539 
380-382 
381 
400 


1068 


Index. 


SCHOOLS  —  Concluded. 

special  provisions  relative  to  particular  schools—  Concluded. 
New  Bedford  textile  school,  appropriation  .... 
Wrentham  state  school,  appropriations  .... 

custody  of  persons  committed  to,  relative  to       . 
See  also  Grammar  School  Fund,  in  the  town  of  Lincoln,  in  the 
County  of  Middlesex,  Trustees  of  the. 
Sconticut  Neck,  Fairhaven,  town  of,  in,  water  supply  for,  furnish- 
ing by  said  town,  authorized  ..... 

Seals,  bounties  on,  appropriation  ...... 

Seaplanes,  East  Boston  water  front,  removal  of  hulks  or  wrecks 
lying  along,  to  make  safer  landing  place  for    . 
appropriation  ........ 

Searle,    William    L.,    pajonent    by    commonwealth    of    annuity 
to  ........       Resolve 

Sea  wall,  Great  Hill,  so  called,  in  city  of  Quincy,  along  shore  of,  con- 
struction of,  limitation  on  cost  of,  removed     . 
Second  hand  metal,  beds,  bedding,  etc.,  consisting  in  whole  or  in 

part  of,  marking  of,  requirements  as  to 
SECRETARY,    STATE: 

in  general,  appropriations    ....... 


third  deputy  in  department  of,  appointment,  authorized 
filing,  etc.,  of  certain  instruments  with: 

administration  and  finance,  commission  on,  annual  report 

annual  reports  of  state  officials,  changes  in  laws  relative  to, 
necessitated  by  adoption  of  biennial  sessions  of  general 
court,  etc.  ......... 

army  air-base,  lands  in  city  of  Chicopee  and  town  of  Ludlow 
to  be  acquired  for,  plan  of    . 

Boston  Elevated  Railway  Company,  Atlantic  avenue  elevated 
structure,  revocation,  etc.,  of  right  to  maintain,  etc.,  pe- 
tition in  equity  relative  to,  order  of  notice  of 
purchase  by,  of  certain  property  of  Boston,  Revere  Beach 
and  Lynn  Railroad  Company  or  establishment  of  certain 
bus  lines,  act  authorizing,  certificate  of  acceptance  of 

Cherry  Valley  and  Rochdale  Water  District,  addition  of  real 
estate  to,  copy  of  petition  and  vote  as  to 

Danvers,  town  of,  notice  to,  by  department  of  mental  health 
of  establishment,  etc.,  of  water  supply  for  Danvers  state 
hospital       ......... 

flood  control  projects,  land  acquired  by  United  States  for  cer- 
tain, plan  of,  as  a  condition  of  consent  to  said  acquisi- 
tion .......... 

insurance  companies,  domestic,  merger  or  consolidation  of, 
with  foreign  insurance  companies,  certificates  of 

Lunenburg  Water  District  of  Lunenburg,  addition  of  real  estate 
to,  copy  of  petition  and  vote  as  to 

Lynnfield  Center  Water  District,  addition  of  real  estate  to, 
copy  of  petition  and  vote  as  to      . 

Massachusetts  aeronautics  commission,  rules  and  regulations, 
copy  of       ........  . 

Massachusetts  Hospital  Life  Insurance  Company,  capital 
stock,  certificate  of  changes,  etc.,  in        ...  . 

North  Sagamore  Water  District,  addition  of  real  estate  to,  copy 
of  petition  and  vote  as  to      . 

Palmer,  town  of,  notice  of  establishment  or  revision  of  voting 
precincts  in  .  .  .  .  . 

pardons,  paroles,  etc.,  persons  representing  prisoners  for  pur- 
pose of  obtaining  granting  of,  statement,  certain,  relative 
to  fees,  .services,  etc.     ....... 

pardons,  petitions  for  ....... 

Shirley  Village  Water  District,  addition  of  real  estate  to,  copy 
of  petition  and  vote  as  to      . 

South  Dighton  Fire  and  Water  District,  addition  of  real  estate 
to,  copy  of  petition  and  vote  as  to  . 

unemployment  compensation  division,  rules  and  regulations  of 
director  of,  certified  copy  of,  etc.  ..... 

Winthrop,  town  of,  improvement  of  transportation  facilities 
in,  and  inclusion  of  said  town  in  Boston  metropolitan  dis- 
trict, act  providing  for,  certificate  of  acceptance  of  . 


Chap. 

Item  or 
Section. 

309 
309 
387 
500 

403 

495, 495a 

2 

6 

350 
309 

1-12 
312 

476 
518 

633b 

56 

331 

196 

1-3 

309/ 

495 
283 

194-212; 

Page  367 

205a 

463 

482 

510 
71 

357 


1,  4,  5,  9 


284 

375 

17 

13 

336 

13 

393 

3,  Subs. 

43 

337 

1 

290 

13 

110 

3 

484 
479 

265 

1 

410 

6 

20 

1,  Subs. 

9J 

510 

9 

Index.  1069 

Item  or 
Chap.  Section. 

SECRETARY,    STATE  —  Concluded. 

powers  and  duties,  General  Laws,  Tercentenary  Edition  of, 
distribution  to  certain  members  of  present  general  court 
by      .......  .        Resolve       19 

marriage,  copies  of  certain  records  of  notices  of  intention  of, 
and  of  marriages,  in  office  of,  examination  of,  not  to  be 
permitted  except,  etc.  ......     269  1 

minimum  fair  wage  rates,  copies  of  mandatory  orders  as  evi- 
dence of  establishment  of,  genuineness  of  signature  of 
commissioner  of  labor  and  industries  on,  attesting  by  .  275 
ordinances  of  the  cities  of  the  commonwealth,  special  commis- 
sion to  investigate  relative  to,  to  be  or  to  designate  a  mem- 
ber of .        Resolve       69 

pardons,  paroles,  etc.,  statements,  certain,  of  persons  repre- 
senting prisoners  for  purpose  of  obtaining  granting  of,  to 
keep  as  permanent  records,  etc.     .....     484 

representative  districts,  division  of  counties  into,  and  assign- 
ment of  representatives  thereto,  as  to     .  .  .  .     467  2 

voting  lists,  state  wide  verification  of,  as  to  .  .  .     450  2 

Securities,  business  and  certain  other  corporations,  of,  par  value  of 

shares  of  capital  stock  of,  minimum,  reduced  .  .        15  1,  2 

contract  carriers  of,  by  armored  motor  vehicles  exempt  from 
laws  requiring  the   filing  of  certain   contracts  with  the 
department  of  public  utiUties         .....      171 

gas  companies,  domestic,  of,  domestic  corporations  authorized 

to  own        .  .  .  .  .  ...  .301  1,2 

railroad  bonds,  investment  in,  by  savings  banks,  institutions  for 
savings  and  trust  companies  in  their  savings  departments, 
requirements  for,  further  modified  .  .  .  .87  1,2 

sale,  etc.,  of,  law  regulating,  administration  and  enforcement  of, 
abolition  of  securities  division  in  department  of  pubUc 
utilities,  as  affecting     .......     442  1-6 

appropriations {309  650.651 

street  railway  companies,  par  value  of  shares  of  capital  stock  of, 

changes  in,  further  regulated  .....       28 

See   also   Bonds;     Corporations;     County   finance;     Municipal 
finance;   State  finance. 
Securities  division  (see  Public  utilities,  department  of). 
Security,  motor  vehicles,  bodily  injuries,  etc.,  caused  by,  liability 
for,  for  (see  Motor  vehicles,  liability  for  bodily  injuries, 
etc.,  caused  by,  securitj^  for). 
"  Seeing  eye  "  dogs,  so  called,  licensing  without  fee  of         .  .23 

Seekonk,  town  of  (see  Cities  and  towns). 
SELECTMEN: 

assistant  treasurers  of  towns,  appointment  of,  approval  by  .       89 

borrowing  of  money  by  towns,  public  welfare,  soldiers'  benefits  1    -o  1_3 

and  federal  emergency  unemployment  relief  projects,  on  [453 
account  of,  approval  by         .  .  .  .  .  .J 

tax  titles,  based  upon,  approval  by       .  .  .  .  .     288        '  1 

clerks  of  boards  of,  office  exempted  from  provisions  of  law  author- 
izing cities  and  towns  to  place  certain  offices  under  civil 
service  laws  .  .  .       •    .  .  .  .  .      183 

coastal  wardens,  appointment  of  certain,  powers  and  duties  as  to     491       8,  Subs.  8B 
collectors  of  taxes,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to        .       88 
dancing  schools,  so  called,  licensing  by,  in  certain  towns      .  .     253 

Highway  Fund,  portion  of,  paid  by  commonwealth  to  its  munici- 
palities, use  for  local  highway  projects,  powers  and 
duties  as  to  .  .  .  .  .  .  .     232 

provisions  imposing,  stricken  out         ....     504  1,  2 

horse  and  dog  racing  meetings  at  which  pari-mutuel  system  of 
betting  is  permitted,   location  of  tracks  for  holding  of, 
approval  by,  after  a  public  hearing         ....      159 

kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  powers  and  duties  as  to  .  .  .  .     206 

low  value  lands  acquired  by  a  town  through  a  sale  thereof,  care 

and  disposal  of,  powers  and  duties  as  to  .  .  .      123 

public  schools,   support  of,   providing  of  sufficient  money  for, 

powers  and  duties  in  certain  proceedings  relative  to        .     294 
state  tax,  apportionment  and  assessment  of,  duties  as  to    .  .     516  2,  3,  6,  7 

deficit  in  amounts  assessed  in  1938  for  purposes  of,  funding  by 

towns  of  their  shares  of,  approval  by     .  .  .  .     464  1 


1070  Index. 

Item  or 
Chap.  Section. 

SELECTMEN  —  Concluded. 

town  meetings,  special,  calling  by,  upon  request  of  certain  num- 
ber of  registered  voters  .  .  .  .  .  .182 

voting  lists,  state  wide  verification  of,  certain  certificates  relating 

to,  filing  with       ........     450  3 

Senate  (see  General  court). 

Senatorial  districts,  division  of  state  into    .....     507  2 

Sentences  of  prisoners   (see   Pardons;    Parole;    Prisoners;    Sus- 
pended sentences). 
Sergeant-at-Arms  (see  General  court). 

Serological  tests,  approval  of  laboratories  making  (see  Bacterio- 
logical laboratories), 
pregnant  women,  of,  for  syphilis,  required         ....     407 

Service  of  process,  chairman  of  Massachusetts  aeronautics  com- 
mission as  attorney  for,  in  aircraft  accident  cases   .  .     393        3,  Subs.  50 
cigarette  tax,  temporary,  enforcement  of,  in  connection  with      .     454  12 
Sewer  construction  commission  (see  Metropolitan  District  Sewer 

Construction  Commission). 
Sewer  districts  (see  Districts). 

metropolitan  (see  Metropolitan  districts,  sewer  districts). 
SEWERS   AND   DRAINS: 

Barnstable,  sewage  disposal  area  in,  use  of  portion  of,  for  other 

municipal  purposes,  relative  to      ....  .     334 

Holden  and  Rutland,  in,  construction,  etc.,  in  connection  with  (286  1-3 

protection  of  metropolitan  water  system  .  .  .  \  287  1-3 

Lexington,    constructed    by,   in   co-operation   with   the   federal  I    91  1,  2 

government,  method  and  rate  of  assessments  for,  changed  \  446  1,  2 

Melrose,  construction  of  certain  main  and  particular  sewers  in  the 
easterly  section  of,  assessment  of  portion  of  cost  upon 
owners  benefited,  etc.  .......     226  1-7 

Reading,  charges  for  connecting  estates  with  common  sewers  and 

provision  for  apportionment  of  such  charges  .  .  .     195  1,  2 

Springfield,  supplementing  of  sewerage  system  of,  acquisition  of 
lands,  etc.,  in  certain  towns,  and  construction  of  sewage 
treatment  plant  in  Agawam  for     .  .  .  .  .52  1-11 

Worcester,   construction  in,   and   assessments  and  the  rate  of 

interest  on  unpaid  assessments  therefor,  relative  to  .     282  1-8 

See  also  Metropolitan  districts,  sewer  districts. 
Sex  crimes,  so  called,  release  or  discharge  of  persons  charged  with 
or  convicted  of,  furnishing  to  local  police  authorities  and 
district  attorneys  of  information  relative  to    .  .  .116 

Shares  of  stock  (see  Corporations;   Securities). 
Shawsheen  river,  control  of  flood  waters  of,  in,  for  flood  protection 

purposes,  investigation  relative  to  .  .        Resolve       66 

Shellfish  (see  Fish  and  fisheries). 
Shelter,  emergency  in  respect  to,  provision   for  establishment  of 

emergency  commissions  in  cases  of         ...  .     261  4 

SHERIFFS: 

Keliher,  John  A.,  late  sheriff  of  Suffolk  county,  payment  of  sum 

of  money  to  widow  of,  by  said  county  .  .  .     211  1,  2 

oflScers  of  institutions  under  the  supervision  of,  carrying  by,  of 

certain  weapons,  authorized  .....     174 

removal  by,  of  certain  officers  appointed  by  them,  known  to  use 

intoxicating  liquor  to  excess  .....     200 

Suffolk  county,  of,  Suff'olk  county  court  house,  commission  to 

have  care,  custody,  etc.,  of,  member  of,  to  be  .  .     383  1-3 

Sherman  Rest  Home,  The,  revived  for  certain  purposes  .     323 

Ships  and  vessels,  corporations  interested  in,  taxation  of  .     363  1,  2 

Shipwrecked  seamen,  aid  to,  by  cities  and  towns,  state  reimburse-  f  309  620 

ment,  appropriations    .  .  .....  1  518  Page  792 

Shirley,  town  of  (see  Cities  and  towns). 

Village  Water  District,  extensions  of  boundaries  of,  providing  for     265  1,  2 

Shotguns  (see  Firearms). 
Shrewsbury,  town  of  (see  Cities  and  towns). 

Sight-saving  classes,  children,  for,  appropriation  .  .     309  372 

Signs,  gasoline  and  other  motor  fuels,  price,  etc.,  of,  relating  to,  num-  J  ,  ,    Subs 

ber,  size  and  use  of,  further  regiilated    .  .  .  .1  459  <    295C-295E 

traflSe,  malicious  destruction,  etc.,  of,  penalty  ....     451  65 

Silicosis,  employees  in  granite  industry  contracting,  benefits  under 

workmen's  compensation  law,  extension  to     .  .  .     465  1-4 

Silverman,  Bella  R.,  acts  as  notary  public  validated     .       Resolve       10 
Sinking  funds  (see  State  finance). 


Index. 


1071 


Six  o'clock  law,  so  called,  relating  to  employment  of  women  in  tex 
tile  industry,  suspension  until  April  1,  1941     . 

Sluice  pond,  so  called,  city  of  Lynn  authorized  to  sell  a  certain  part 
of,  to  John  G.  Heckman        ..... 

Smallpos,  expenses  in  connection  with,  appropriations  . 

Smith,  Sadie  J.,  payment  of  sum  of  money  to,  by  Middlesex  county 

Virginia  Walker,  acts  as  notary  public  validated  .        Resolve 

Smoke  inspection,  division  of  (see  Public  utilities,  department  of) 
Societies  (see  Churches  and  religious  corporations;    Corporations; 

Fraternal  benefit  societies). 
Society  of  St.  Vincent  de  Paul,  Particular  Council  of  Lynn, 

revived       ......... 

Sodomy  (see  Sex  crimes,  so  called). 

Soil  survey,  reclamation,  and  fairs,  division  of  (see  Agriculture, 

department  of). 
Soldiers'  bonus,  so  called,  appropriations  .  . 

Soldiers'  Home  in  Massachusetts,  appropriations 
Soldiers'  relief  (see  State  aid,  military  aid  and  soldiers'  relief). 
SOLDIERS,   SAILORS   AND   MARINES: 

aid  for,  state  and  military,  reimbursement  of  cities  and  towns, 

appropriation      ........ 

annuities  and  pensions  of  certain  soldiers,  appropriations 

bonus  (see  Soldiers'  bonus,  so  called). 

educational  opportunities,  higher,  for  children  of  certain,  ap- 
propriations        ........ 

investigation  relative  to  .  .  .  .  .        Resolve 

state  pay  to,  appropriations   ....... 

testimonials  to  certain,  of  world  war,  appropriation 
See  also  Civil  war  veterans;    Militia;    Spanish- American  war; 
State   aid,   military   aid   and  soldiers'   relief;    Veterans; 
World  war. 
Solicitation,  attorneys  at  law,  by,  of  employment  to  present  claims 
for  damages  in  certain  cases,  changes  in  laws  relating  to 
Somerville,  city  of  (see  Cities  and  towns). 
Southborough,  town  of  (see  Cities  and  towns). 
South  Boston,   Dorchester  Heights  monument  in,  conveyance  to 
the  United  States  for  preservation,  etc.,  as  a  national 
historic  monument        ....... 

waterfront,  harbor  lines  along,  relocated  .... 

South  Dighton  Fire  and  Water  District,  territory  of,  further  ex- 
tended, and  powers  and  duties  of  said  district  further 
defined        ......... 

South  Metropolitan  sewerage  district  (see  Metropolitan  districts). 
Southwick,  town  of  (see  Cities  and  towns). 

Spanish-American  war,  payments,  certain,  to  soldiers  and  sailors, 
etc.,  in  volunteer  service  of  United  States  during,  appro- 
priation     ......... 

See  also  Veterans. 
Special  and  chartered  buses,  so  called,  placing  of,  under  super- 
vision of  department  of  public  utilities  .... 

Special  commissioners,  boards  of,  establishment  of,  in  the  several 
counties,  except  Dukes  and  Nantucket,  to  divide  said 
counties  into  representative  districts  and  assign  repre- 
sentatives thereto         ....... 

appropriation  ........ 

Special  commissions  (see  Commissions,  state). 

Special  justices  (see  District  courts). 

Special  laws,  indexing  of,  appropriation         ..... 

Special  town  meetings  (see  Town  meetings). 
Springfield  Branch  of  the  Woman's  Board  of  Missions,  The, 
conveyance  of  its  funds  and  other  property  and  dissolu- 
tion thereof  ........ 

Springfield,  city  of  (see  Cities  and  towns). 

Stables,  employment  and  hours  of  labor  of  certain  minors  in,  further 
regulated    ......... 

Stage  appearances,  certain  children,  of,  further  regulated 

Standards  and  necessaries  of  life,  director  of  (see  Labor  and 
industries,  department  of). 


Chap. 


70 

rsoQ 

\518 

215 

2 


309 

309   164; 


/309 
\518 


495 

38 

309 


197 


148 
403 


Item  or 
Section. 


1,2 

518 

Page  792 

1,2 


53 


218.  219 
Page  367 


160 
665 
665 


355 
355 


218.219 
134 


1-3 

1-7 


309 

219 

404 

1.2 

467 
518 

1-4 
36aa 

1-6 


273 

348 

352 

461 

6,6,9 

193 

1,2 

461 

5 

1072 


Index. 


standards,  director  and  division  of  (see  Labor  and  industries, 
department  of). 

Standish  Hotel,  Inc.,  payment  by  commonwealth  of  sum  of  money 
to,  in  settlement  of  certain  claim  arising  from  service  of 
Massachusetts  national  guard  during  recent  flood  and 
hurricane  emergency    .....        Resolve 

Standish  monument,  reservation,  maintenance  of,  etc.,  appro- 
priation      ......... 

State  actuary,  savings  and  insurance  banks,  taxation  of,  with  re- 
spect to  their  insurance  departments,  powers  as  to 

State  advisory  council,  reorganized  and  powers  and  duties  further 
defined        .  .  .  .  .  .  .  .  .  ' 

STATE   AID   AND   PENSIONS,    COMMISSIONER   OF: 

appropriations       ......... 

STATE   AID,    MILITARY   AID   AND    SOLDIERS'    RELIEF: 

cities  and  towns,  by,  borrowing  of  money  on  account  of    . 

state  reimbursement,  appropriation      .  .  . 

soldiers'   relief,   granting   to   certain    minor   children  of   certain 

veterans      .  .  .  .  .     _     . 

State  and  county  fairs,  holding  of  dog  racing  meetings  during 

season  of,  further  regulated  ..... 

State  armories  (see  Armories) . 
State  auditor  (see  Auditor,  state). 
State  boards  (see  names  of  specific  boards). 
State  boxing  commission  (see  Public  safety,  department  of). 
State  budget  (see  Budget,  state). 
State  camp  gn"Ound,  so  called,  Framingham,  town  of,  in,  memorial 

plot  at,  establishment,  etc.    ...... 

State  college,  Massachusetts  (see  Massachusetts  state  college). 
State  commissions  and  commissioners  (see  Commissioners,  state ; 

Commissions,  state). 
State  committees  (see  Elections,  political  committees). 
State  constabulary,  so  called  (see  Public  safety,  department  of; 

divisions  of;   state  police). 
State  constitution  (see  Constitution,  commonwealth,  of). 
State  contracts,  competitive  bidding  on  certain,  requirements  as  to 

See  also  Contracts. 
State  debt  (see  State  finance). 
State   departments   and   divisions   thereof    (see   Departments, 

state;   Divisions,  state  departments,  of). 
State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  offices  and  employees  of). 
State  farm,  appropriation  .  .    _      .  .  .  . 

correction  officers  at,  minimum  age  requirement  for  appoint- 
ment of       .  .  .  .  .  . 

water  supply  for  certain  inhabitants  of  town  of  Bridgewater, 

furnishing  from  water  supply  system  of  .  .  . 

STATE   FINANCE: 


Chap. 


Item  or 
Section. 


55 

309 

284 

447 

20  { 
490 

1,  3,  Subs. 
26,  31;  4-6,  8 
15,  Subs.  26 

309 

157-159 

72 
453 
309 

1-3 

160 

295 

505 

1.3 

appropriation  acts 


limitations,  certain,  on  expenditures  contained  in,  made  effec- 
tive, and  certain  items  therein,  reduced  .  . 
See  also  specific  titles  of  departments,  boards,  commissions, 
institutions,  etc. 
appropriations,   changes  in   certain   requirements  as  to,   neces- 
sitated Ijy  adoption  of  a  biennial  budget 
reference  in  General  Laws  relative  to  annual  appropriations  to 
be  construed  as  referring  to  such  sums  as  are  appropriated 
by  the  general  court     ....... 

army  base  terminal  in  Boston  harbor,  improvement  of  approaches 
to,  placing  of  certain  moneys  to  credit  of  secretary  of 
war  of  United  States  for    ....        Resolve 

appropriation      ........ 


387 


504 
1.2 


99 
164 

4 
1.  2 

247 

2 

309 

1-8 

492 

495 

1-4 

518 

1-3 

solves 

12,  14, 

64,74 

502 

2-14 

508 

17 

13 
309 

633a 

Index.  1073 


Item  or 
Chap.  Section. 

STATE   FINANCE  —  Concluded. 

bonds,  notes,  etc.,  issuance  of,  Millville,  town  of,  loans  to,  to  pro-  f  514 

vide  funds  for      ........  1517  2 

north  and  south  metropohtan  sewerage  districts,  construe-  j  512  4,  8,  10 

tion  of  certain  additions  to,  for      .....  1517  1 

rivers  and  streams,  improvements,  certain,  in,  for  flood  pro-  f  513  5 

tection  purposes,  for    .  .  .  .  .  .  .  \  517 

serial  bonds,  certain,  appropriations 


309  225 

495  225 

288  1,  2 
496 


tax  title  loans  to  cities  and  towns,  to  provide  funds  for 

terms  of  certain       ........  i  ^, ^  ,    „ 

\  517  1—6 

budget,  biennial,  changes  necessitated  by  adoption  of,  fiscal  re- 
quirements, certain,  in  ......      502  1-15 

f  499  1-9 

general  laws,  in       .  .  .  .  .  .  .  .  -^  501  1-6 

[ 508  1-17 

laws  of  commonwealth,  in,  special  commission  established  to 
determine  .  .  .  .  .  .  .        Resolve         1 

See  also  Appropriations, 
contracts,  state,  competitive  bidding  on  certain,  requirements  as 

to 427 


debt,  state,  payment  of  interest  on,  appropriations 


309  226 

495  226 


requirements  for  extinguishing,  appropriations       .  .  .  |  ^^^  ^ot 

emergency  finance  board  (see  Emergency  finance  board), 
emergency  purposes,  appropriation  for  certain            .          .          .518  106a 
allocation  of  funds  to  departments  or  agencies  of  common- 
wealth, method  of 518           Page  791 

federal  funds,  certain,  for  public  projects,  extension  of  provisions 
of  certain  enabling  acts  so  that  commonwealth  may  ac- 
cept and  use         ........     417  1,  2 

Highway   Fund,   portion  of,  payment  by  commonwealth  to  its  f  232 
municipalities  to  be  expended  by  them  for  local  highway  ]  469 
purposes     .........    [504  1,  2 

hurricane,  forest  fire  patrol  in  areas  endangered  by,  financing  of, 
by  the  commonwealth,  and  by  the  counties  wherein  forests 
are  located  ........     247  1,  2 

meals,  reimbursement  of  persons  traveling  within  commonwealth 

at  expense  thereof,  reductions  in  amounts  available  for     .     387  1 

regulated        .........     309  4 

metropolitan  district  commission,  expenses,  certain,  of,  appor- 
tionment as  maintenance   costs  of  boulevards,   relative 

.  to       .  . 429  3.  4 

maintenance    costs    of    certain    roads,    roadways,    parks    and 

bridges  under  jurisdiction  of,  relative  to  .  .  .     429  1.  2,  4 

metropolitan  sewerage  districts,  north  and  south  districts,  addi- ]   -19  4   8    10 

tional  provisions  for  sewage  disposal  needs  of,  borrowing  [  C17  '    '     i 

of  money  for        .  .  .  .  .  .  .  .J 

north  district,  additional  sewers,  construction  in,  increased  ex- 
penditures for      ........     285 

motor  vehicles,   purchase  of  passenger,  reductions  in  amounts 

available  for         .......  .     387  1 

state  employees,  owned  by,  expenses  of,  allowances  for,  reduc- 
tions in  amounts  available  for    .....     387  1 

restricted    .........     309  5 

public  ways,  other  than  state  highways,  in  small  towns,  expendi- 
ture of  state  funds  for  repair  and  improvement  of,  certain 
restrictions  upon,  removed    ......     224 

sinking  funds,  requirements  of,  appropriations  .  .  .  |  ^^^  ^^^ 

state  tax,  apportioned  and  assessed 516  1-8 

basis  of  apportionment,  quadrennial  establishment  of     .  .     346 

Welfare   Reimbursement  Fund,  estabhshment,   payments  into,  /  454  19-21 

use,  etc \  518  Page  792 

State  fire  marshal  (see  Public  safety,  department  of). 
State  fire  warden  (see  Conservation,  department  of). 
State  forester  (see  Conservation,  department  of). 
State  forests  (see  Forests  and  forestry). 
State  highways  (see  Ways). 


1074 


Index. 


Chap. 
STATE   HOSPITALS   FOR   INSANE,   ETC.: 

in  general,  boarding  out  of  patients,  cost  to  commonwealth  .     500 

locked  doors  on,  not  to  be  construed  as  violation  of  any  fire  laws     500 
observation,  commitments  for,  to,  further  regulated        .  .     500 

restraint,  custody  of  implements  used  for,  further  regulated      .     500 
sex  crimes,  so  called,  persons  charged  with  or  convicted  of, 
release  or  discharge  of,  from,  furnishing  to  certain  author- 
ities of  information  relative  to        .  .  .  .  .116 

temporary  care  of  certain  persons  needing  immediate  care, 

etc.,  at,  further  regulated      ......     500 

voluntary  admissions  to,  further  regulated  .  .  .     500 

f  SOQ 
Boston,  appropriations  .  .  .  .  .  .         .  <  „q~ 

psychopathic,  appropriations        .  .  .  .  .  .  |  007 

Bridgewater,  temporary  absence  on  leave  of  certain  prisoners 

committed  to,  further  regulated    .  .  .  .  .        54 

Danvers,  appropriations  .  ....  .  .  <  007 

water  supply  for         ........     357 

Foxborough,  appropriations   .  .  .  .  .  .         .  j  007 

Gardner,  appropriations  .  .  .  .  .  .  .  ^  r,Q~ 

Grafton,  appropriations  .......  i  1 

I  382 

Medfield,  appropriations         .  .  .  .  .  .         .  |  gg- 

metropolitan,  appropriations  .  .  .  .  .  .  <  007 

Monson,  appropriations  .  .  .  .  .  .  .  j  007 

voluntary  epileptic  patients  in,  further  regulated  .  .  .     500 

Norfolk  (criminal  insane),  establishment  of,  relative  to      .  .     485 

[309 
Northampton,  appropriations  .  .  .  .  .  .  \  387 

I5I8 

Taunton,  appropriations         .  .  .  .  .  .  .  |  goy 

Westborough,  appropriations  .  .  .  .  .  .  <  ggy 

commitments  to,  homoeopathic  treatment  for,  provision  for, 

repealed      .........     500 

superintendent,  etc.,  at,  certain  requirement  as  to,  repealed     .     500 

Worcester,  appropriations       .  .  .  .  .  .  .  •!  007 

See  also  Tewksbury  state  hospital  and  infirmary. 

State  Hospital,  Tewksbury,  and  Infirmary,  name  of  state  infir- 
mary changed  to           .......  272 

STATE   HOUSE: 

Andrews,  Esther  M.,  portrait  of,  acceptance  by  commonwealth 

and  placing  in     .          .          .          .          .          .        Resolve  34 

boilers,  retubing  certain,  appropriation    .....  309 

capitol  police,  appropriation  .          .          .          .          .          .          .  309 

engineer's  department,  appropriation       .....  309 

janitors,  appropriation              .......  309 

maihng  room,  central,  appropriations       .....  309 

maintenance  of,  etc.,  appropriations         .          .          .          .          .  I  ,q- 

old  provincial,  appropriation             ......  309 

power  plant  at,  improvements  in,  appropriation         .           .           .  495 

telephone  service,  appropriation      .          .          .          .          .          .  309 

women  formerly  employed  in  cleaning,  and  now  retired,  com- 
pensation, appropriation       ......  309 

See  also  Superintendent  of  buildings. 

State  infirmary,  appropriations |  |q? 

name  changed  to  Tewksbury  State  Hospital  and  Infirmary       .  272 

State  inspector  of  fish,  office  abolished,  etc.         ....  491 
State  institutions  (see  names  of  specific  institutions). 

State  judge  advocate,  appropriation  ......  309 

revision  of  militia  laws,  as  affecting  .....  425 


Item  or 
Section. 

1 
13 
5 

12 


7-9 
10,  11 

481-481b 

2 

480 

2 


482 

2 

1-4 

483.  483b 

2 

484 

2 

485-i85b, 

485d 

2 

486 

2 

487 

2 

492,  492d 

2 

11 

1,  2 


Page  795 
489,  489b 

2 
490 

2 

4 

2  3 

49 1-49 lb 

2 


192 

183 

182 

184 

186,  191 

181-192 

190,  191a 

193 

191a 

188 


540 

Page  713 

1,2 

7,  10 

147 
Subs.  69(b) 


Index. 


1075 


Chap. 
State  labor  relations  law,  so  called   (see  Labor  relations  law, 

state,  so  called). 
State  library,  appropriations        .......     309 

State  military  reservation,  Barnstable  county,  in,  continuation  ("309 

of  development,  appropriations     .  .  .  .  .  \  495 

expenses,  etc.,  appropriation         ......     309 

State  officers  and  employees  (see  Commonwealth,  oflScers  and 

employees  of). 
State  ornithologist  (see  Ornithologist,  state). 
State  pier  in  New  Bedford  (see  New  Bedford  state  pier). 
State  planning  board  (see  Planning  board,  state). 
State  police,  patrol  (see  Public  safety,  department  of;  divisions  of: 

state  police), 
retired,  compensation,  appropriation       .....     309 
See  also  Police  officers. 
State  police,  division  of  (see  Public  safety,  department  of). 
State  primaries  (see  Elections,  primaries). 

State  prison,  appropriations        ....... 

correction  officers  at,  minimum  age  requirement  for  appointment 

of 

State  prison  colony,  appropriation 

correction  officers  at,  minimum  age  requirement  for  appoint- 
ment of       ........  . 

land  occupied  by,  transfer  of  control  of  certain,  to  department 
of  mental   health  in   connection  with   establishment  of 
Norfolk  state  hospital  for  criminal  insane,  relative  to 
State  quartermaster,  appropriations  ...... 

revision  of  militia  laws,  as  affecting  ..... 

State  racing  commission  (see  Racing  commission,  state). 

State  reclamation  board,  appropriations 

Charles  river  valley,  protection  of  public  health  and  relief  from 
mosquito  nuisance  in   certain  portion  of,  investigation 
relative  to,  by,  etc.       .....        Resolve 

State  reservations  (see  Reservations). 

State  retirement  board,  appropriations 

See  also  Retirement  systems  and  pensions. 
State  rifle  range,  lands  adjacent  to,  armory  commission  authorized 
to  acquire  and  convey  certain        ..... 

State  sanatoria  (see  Sanatoria,  state). 

State  schools  for  feeble  minded  persons  (see  Belchertown  state 
school;   Walter  E.  Fernald  state  school;  Wrentham  state 
school). 
State  secretary  (see  Secret arj%  state). 

State  superintendent  of  buildings  (see  Superintendent  of  build- 
ings). 
State  surgeon,  appropriations     ....... 

revision  of  militia  laws,  as  affecting  .  .  .  . 

state  police,  division  of,  retirement  of  members  of,  rating  board 
having  certain  powers  and  duties  relative  to,  to  be  or  to 
designate  a  member  of  ...... 

State  tax,  apportioned  and  assessed      ...... 

basis  of  apportionment,  quadrennial  establishment  of 
deficit  in  amounts  assessed  in  1938  for  purposes  of,  funding  by 
cities  and  towns  of  their  shares  of,  authorized 
State  teachers  colleges,  appropriations | 

centennial  of  establishment  of,  observance,  appropriation 

Framingham,  easement  in  certain  land  at,  granting  of,  to  town 

of  Framingham  for  sewerage  purposes    .  .        Resolve 

reconstruction,  etc.,  of  certain  buildings  at,  completion  of, 

relative  to  ........ 

reduction  of  number  of,  investigation  relative  to        .        Resolve 
appropriation  ........ 

students  in,  state  aid  to,  appropriation    ..... 

State  teachers'  retirement  association  (see  Retirement  systems 

and  pensions). 
State  treasurer  (see  Treasurer,  state). 
State  university,  establishment  of,  investigation  as  to  .       Resolve 


Item  or 
Section. 


176-179 
156 
156 
127 


662 


309/ 

605 
Page  368 

360 
309 

1.2 
508 

360 

1.2 

485 
309 
425  ■ 

1.2 

135-143 

I,  Subs.  69(c) 

309 
495 

266,  267 
266 

54 

309 
495 

220-222 
222 

297 

1.2 

309 
425  1, 


503 
516 
346 


495 
309 


492 

73 

518 


38 


144-146 
Subs.  69(a) 


1-3 

383-400 

383-399 

362  i 


354 


1076 


Index. 


state  youth  administration  commission,  establishment  of,  in 

department  of  public  welfare,  study  relative  to      Resolve 

appropriation  ........ 

Stationery,  general  court,  appropriations      .  .  .  .  . 

Statistical  service,  department  of  labor  and  industries,  appropria- 
tion  .......... 

Statutes,  biennial  sessions  of  general  court,  etc.,  changes,  certain, 
necessitated  by,  in        ......  . 

local  acceptance  of  particular: 

dancing  schools,  so  called,  licensing  and  police  supervision  of, 

in  certain  cities    ........     253 

issue  of  bonds,  notes,  etc.,  for  certain  purposes,  question  of 
approving  or  disapproving  orders  authorizing,  providing 
for  submitting  to  voters  of  certain  cities  .  •    .  .    ■      ^^^ 

reserve  forces  in  police  and  fire  departments  of  certain  cities 

and  towns,  ultimate  abolition  of    .  .  .  .  .     419 

perfecting  changes,  minor,  in  ......     451 

special,  indexing  of,  appropriation  ...  .  .  .     309 

uniform  (see  Uniform  state  laws,  commissioners  on). 
See  also  Acts  and  resolves;   General  Laws;    Laws. 
Steamboat  service,  Hull,  town  of,  and  city  of  Boston,  between,  said 

town  authorized  to  contribute  toward  cost  of  .  .       34 

Stock,  corporate,  shares  of  (see  Securities). 
Stockholders,    business    corporations,    of,    alternative    method    of 

calling  meetings  of        .......        14 

Stoneham,  town  of  (see  Cities  and  towns). 

Storekeepers,  municipal,  pensions  of,  relative  to  .  .  .     243 

Storm    damage    loans,    emergency,    cities,    towns    and    districts 

authorized  to  make       .......       63 

Storm  of  September,  1938  (see  Hurricane  and  floods). 
Streams  (.see  Waters  and  waterways). 

Street  lighting,  maintenance  of,  expenditure  for,  of  certain  sums 
to   be  paid   by  commonwealth   to  its  municipalities  for 
loc.ll  highway  purposes  ......     232 

provision  for,  stricken  out         ......     469 

Street  railways,  par  value  of  shares  of  capital  stock  of,  changes  in, 

further  regulated  .  .  .  .  .  .  .       28 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
See  also  Boston  Elevated  Railway  Company;  Carriers. 
Streets  (see  Ways). 

Street  trades,  engaging  in,  by  certain  minors,  further  regulated  .     461 

Studio  couches,  day  beds,  etc.,  consisting  in  whole  or  in  part  of 

second  hand  metal,  marking  of,  requirements  as  to  .      196 

See  also  Furniture. 
Studley,  Gilbert,  payment  by  state  department  of  public  works  to, 
as  compensation  for  certain  land  taken  for  highway  pur- 
poses .......        Resolve       39 

St.  Vincent  de  Paul,  Particular  Council  of  Lynn,  Society  of, 

re\'ived        .........         8 

Sub-contractors  (see  Contractors). 

Succession  tax  (see  Legacies  and  successions,  tax  on). 

SUFFOLK    COUNTY: 

budget  and  appropriating  procedure  in  city  of  Boston  and,  in- 
vestigation and  study  relative  to  .  .  .        Resolve       46 
contracts,  certain,  entered  into  on  behalf  of,  made  subject  to 
laws  regulating  the  making  of  contracts  by  officials  of  the 
city  of  Boston      ........ 

court  house,  care,  custody  and  control  of  ...  . 

maintenance  cost,  reimbursement  of  city  of  Boston  for  certain 
portion  of,  by  commonwealth,  appropriation  . 
Keliher,  John  A.,  late  sheriff  of,  payment  of  sum  of  money  to 
widow  of,  by  said  county      .  .  .  .  .       _    . 

kennel  licenses,  revocation  or  suspension  of,  in  connection  with 
the  abatement  of  certain  conditions  constituting  a  public 
nuisance,  provisions  applicable  especially  to    .  _        . 
Middlesex    county    commissioners,    jurisdiction    of,    in    city    of 

Revere  and  town  of  Winthrop,  terminated 
officers  and  emp'oyees,  salary  increases,  certain,  made  between 
time  of  election  of  a  new  mayor  of  the  city  of  Boston  and 
his  qualification,  ineffective  at  end  of  certain  period         .     332 


Chap. 

Item  or 
Section. 

38 
495 
309 

36d 
26,29 

309 

r499 

501 

1  502 
[508 

457 

1-9 

1-6 

1-14 

1-17 

1,2 
1-67 


1.2 


7,  8 
1-3 


156 
383 

1,2 
1-3 

495 

670a 

211 

1,2 

206 

31 

1,  2,  6,  7 

Index.  1077 


Item  or 
Chap.  Section. 

SUFFOLK  CO\n>(TY  —  Concluded. 

probate  judges  for,  fourth  assistant  register  for  said  county,  ap- 
pointment by      .......  .     392 

appropriation  .  .  .  .  .  .  .  .     495  76 

register  of  probate  for,  fourth  assistant,  provision  for         .  .     392 

appropriation  ........     495  76 

representatives  in  general  court,  number  apportioned  to,  and 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .  .  .  .  .  .  .     467  1-4 

retirement  system  of  (see  Retirement  systems  and  pensions,  re- 
tirement systems,  Boston,  city  of,  of), 
sheriff  of,  court  house,  commission  to  have  care,  custody,  etc.,  of, 

member  of ,  to  be  .  .  .  .  .  .  .     383  1-3 

superior  court,  colleges,  universities  and  schools  of  veterinary 
medicine,  refusal  of  approval  of,  by  appro\ang  authority 
in  connection  with  eligibility  requirements  for  appli- 
cants for  registration  as  veterinarians,  revision  or  reversal 

by 251  1 

messenger  of,  appointment,  salary,  etc.  ....      165  2,  3 

office  exempted  from  classification     .  .  .  .  .      165  1 

workmen's  compensation  law,  certain  proceedings  under,  in, 
department  of  industrial  accidents  deemed  party  in  in- 
terest for  purposes  of   .  .  .  .  .  .  .     245 

supreme  judicial  court,  messenger  of,  appointment,  compensation 

and  duties  of,  regulated         ......     258  1,  2 

Suits,  civil  (see  Actions,  civil). 

Sullivan,  Patrick,  reinstatement  of,  in  the  police  department  of  the 

city  of  Newburyport    .  .  .  .  .  .  .     219  1,  2 

Sumner  Tunnel,  operation  and  maintenance  of,  expenses  incurred 
by  city  of  Boston  for,  reimbursement  in  part  of  said  city 
by  commonwealth  for        ....        Resolve 

appropriation       ........ 

Sunday  workers,  schedules  of,  filing  of,  with  department  of  labor 
and  industries,  requirement  as  to,  repealed 
posting  of,  bv  certain  emplovers,  requirement  as  to,  extended  . 
SUPERINTENDENT    OF   BUILDINGS: 

appropriations       ......... 

Superintendents  of  schools  (see  Schools,  public). 
Superior  court  (see  Supreme  judicial  and  superior  courts). 
Supervisor,    public   records,    of    (see   Public   records,  supervisor 

of). 
Supplementary  appropriation  acts 

Support,  non-support  (see  Non-support). 

poor  persons,  of  (see  Poor  and  indigent  persons). 
SUPREME   JUDICIAL   AND    SUPERIOR    COURTS: 

provisions  common  to  both: 

clerks  of  (see  Clerks  of  courts). 

equity,  jurisdiction  in  (see  Equity  jurisdiction). 

justices  of,  retired,  pensions  for,  appropriation        .  .  .     309  90 

records  of,  extension  of  papers  on,  and  disposal  of  obsolete 

and  useless  papers,  relative  to        .  .  .  .  .157  2-4 

superior  court  to  have  original  jurisdiction,  concurrently  with 

supreme  judicial  court,  in  certain  proceedings  .  .     257  1, 2 

supreme   judicial   court,    appellate  court,   establishment  of, 

and  its  jurisdiction,  and  providing  for  appeals  therefrom 

to,  investigation  relative  to  .  .  .  .       Resolve       17 

appropriations  ....... 


71 
495 

670b 

235 
235 

2 
2 

309 
495 

181-192 
190,  191a 

495  1-4 

518  1-3 


/  309  37-48 

1 495  43 


banks,  closed,  liquidation  of  certain,  payment  of  dividends  in, 
borrowing  of  funds  for,  by  commissioner  of  banks  under 
authorization  of,  extension  of  time  for    ....     292 

capital  cases,  appeals  in,  transfer  of  whole  case  to,  for  con- 
sideration of  the  law  and  the  evidence   .  .  .  .341 

civil  service,  appointments,  etc.,  to  positions  under,  reports 

of,  filing  of,  enforcement  by  .....     422  1,  2 

clerk,  commonwealth,  for,  and  assistant  clerk,  bonds,  giving 

by,  changes  in  requirements  as  to        .  .  .  .214  6 

salary,  etc.,  appropriations   ......     309  39,  40 

Suffolk  county,  for,  commonwealth's  part  of  salary,  appro- 
priation           309  44 


1078  Index. 


Item  or 
Chap.  Section. 


SUPREME  JUDICIAL  AND  SUPERIOR  COVRTS  — Continued. 
supreme  judicial  court  —  Concluded. 

corporations,  dissolution  by,  in  certain  cases,  upon  application 

of  commissioner  of  corporations  and  taxation  .  .      456  1 , 2 


court  officers  and  messengers,  salaries,  appropriations 


309  43 


■  \495  43 

See  also,  infra,   messenger  of  the  justices  of,   in   Suffolk 
county. 

equity  jurisdiction  (see  Equity  jurisdiction). 

hospital  service  corporations,  non-profit,  injunction  to  restrain, 
from  further  transaction  of  business,  issuance  by,  in  cer- 
tain cases  .  .  •  .  .      •.         •  •      .    ■  •  .      .•     312  5 

insurance  companies,  rehabilitation,  conservation  and  liqui-  \  i  3,  Subs, 

dation  of  certain  domestic  and  foreign,  appointment  by,  V472  \   180B,  180C, 
of  commissioner  of  insurance  as  receiver  for,  etc.      .  .J  [  180E 

justices  of,  chief  justice,  appointment  by,  etc.,  of  one  member 
of  commission  to  have   care,   custody,   etc.,   of  Suffolk 
county  court  house      .  .  .  .  .  .  .     383  1 

messenger  in  Suffolk  county  of,  appointment,  compensation 

and  duties  of,  regulated         ......     258  1,  2 

pardon  and  parole  systems,  etc.,  investigation  relative  to, 
by  special  commission,  attendance  of  witnesses  at,  com- 
pelling by,  upon  application  of  said  commission     Resolves  12, 37 
reporter  of  decisions  of  said  court,  appointment  by     .  .6  1-3 

liquidations,  division  of,  act  establishing,  powers  and  duties 

under 515  1, 2 

messenger  of  the  justices  of,  in  Suffolk  county,  appointment, 

compensation  and  duties  of,  regulated    ....     258  1,  2 

mutual  liability  insurance  companies,  impairment  of  guaranty 

capital  of,  powers  and  duties  upon  .  .  .  .     488  2 

questions  of  law  arising  in  any  proceedings  in  superior  court 
under  provisions  of  law  extending  original  jurisdiction  of 
certain  matters  thereto,  reservation  and  report  to  full 
court 257  1, 2 

records  of  courts,  extension  of  papers  on,  and  disposal  of  ob- 
solete and  useless  papers,  powers  and  duties  relative  to, 
enlarged      .........     157  1-4 

reporter  of  decisions  of,  appointment  of,  etc.,  by  the  justices 

of  said  court        ........         6  1-3 

appropriations         ........     309  45-47 

reports  of  decisions  of,  printing  of,  appropriation   .  .  .     309  204 

representative  districts,  division  of  counties  into,  and  assign- 
ment of  representatives  thereto,  petitions  for  writ  of 
mandamus  relative  to,  jurisdiction  as  to         .  .  .     467  3 

Southborough,  town  of,  taking  of  water  from  metropolitan 
water  system  by,  terms  and  conditions  of,  master  to 
determine,  appointment  by,  when  ....     303  1 

state  tax,  payment  of,  enforcement  by,  etc.  .  .  .     516  4, 8 

Suffolk  county,  in,  messenger  of  the  justices  of,  appointment, 

compensation  and  duties  of,  regulated    .  .  .  .     258  1, 2 

transfers  of  causes  between  superior  court  and,  in  connection 

with  the  extension  of  their  concurrent  jurisdiction    .  .     257  1,  2 

workmen's  compensation  cases,  awarding  of  costs  in  certain, 

by  superior  court,  following  a  rescript  of  the  .  .  .     213  1, 3 

workmen's   compensation   insurers   refusing,   etc.,   to   comply 
with  certain  provisions  relative  to  assignment  of  rejected 
risks  and  pooling,  jurisdiction  to  enjoin  transaction  of 
business  by  .......  .     489 

superior  court,  appeals  to,  from  order  or  ruhng  of  commissioner 
of  public  works  relative  to  height  of  buildings  within  cer- 
tain distance  of  Boston  airport,  so  called         .  .  .412  6 

[ 309  49-55 

appropriations  .  .  .  .  .  .  .  .  •  Wq^;  /  52-54; 

l^^^l        Page  716 

Boston  Elevated  Railway  Company,  Atlantic  avenue  elevated 
railway  structure  of,  revocation,  etc.,  of  right  to  maintain, 
etc.,  jurisdiction  relative  to,  upon  claim  of  jury  trial         .     482  2 

cigarette  tax,  temporary,  enforcement  of,  commitment  by,  of 
witnesses  refusing  to  testify,  etc.,  at  hearings  in  connection 
with 454  12 

district  court  judges  sitting  in,  trial  of  certain  criminal  cases  |  309  53-55 

by,  appropriations    .  .  .  .  .  .  .  \  495  63,  54 

law  providing  for,  duration  extended      ....     398 


Index.  1079 


Item  or 
SUPREME  JUDICIAL  AND  SUPERIOR  COVRTS  — Concluded.     ^^^^'  Section. 

superior  court  —  Concluded. 

equity  jurisdiction  (see  Equity  jurisdiction). 

Essex  county,  probation  officer  for,  reimbursement  for  money 

lost  on  account  of  a  forged  check  ....     439 

fidelity  bonds  of  county  officers  and  employees,  approval  by  .     214  1 

justices  of,  commitment  by,  of  insane,  etc.,  persons  for  obser- 
vation, further  regulated       ......     500  5 

messenger  in  Suffolk  county,  appointment  and  establish- 
ment of  salary  of,  by   .  .  .  _        .  .  .  .     165  1-3 

pardon  and  parole  systems,  etc.,  investigation  by  special  com- 
mission relative  to,  attendance  of  witnesses  at,   compell- 
ing by,  upon  application  of  said  commission  Resolves  12,  37 
Massachusetts  aeronautics  commission,  rules,  regulations,  etc., 

of,  appeals  from,  to 393        3,  Subs.  45 

enforcement  by  .  . 393        3,  Subs.  42 

messenger  in  Suffolk  county,  appointment,  salary,  etc.   .  .      165  2,  3 

office  exempted  from  classification     .....      165  1 

new  trials  in  certain  criminal  cases,  granting  by,  relative  to    .     271  1,  2 

original  jurisdiction,  concurrent  with  supreme  judicial  court, 

extension  of,  to  certain  proceedings         ....     257  1,  2 

probation  officers  of,  bonds  of,  fixing  of  sum,  by    .  .  .     214  7 

traveling  expenses  of,  payment  of,  clarification  of  provisions 
relative  to  .  .  .  .  .  .      155 

Suffolk  county,  assistant  clerk  for  equity  business,  common- 
wealth's part  of  salary,  appropriation     .  .  .  .     309  51 

colleges,  universities  and  schools  of  veterinary  medicine,  re- 
fusal of  approval  of,  by  approving  authority  in  connection 
with  eligibility  requirements  for  applicants  for  registra- 
tion as  veterinarians,  revision  or  reversal  by  .  .  .     251  1 
messenger  of,  appointment,  salary,  etc.      .           .           .           .165                      2,  3 

office  exempted  from  classification  ....      165  1 

transfers  of  causes  between  supreme  judicial  court  and,  in  con- 
nection with  the  extension  of  their  concurrent  jurisdiction     257  1,  2 
veterinary  medicine,  schools  of,  refusal  of  approving  authority 
to  approve,  in  connection  with  eligibility  requirements  for 
applicants  for  registration  as  veterinarians,  review  by  a 
justice  of    ........          .     251  1 

workmen's  compensation,  insurance  companies  writing,  pro- 
visions for  assignment  of  rejected  risks  among,  and  pooling 
of  losses  in  connection  therewith,  orders  or  rulings  under, 
review  by  .  .  .  .  .  .  .  .  .     489 

workmen's  compensation  law,  certain  proceedings  under,  in, 

awarding  of  costs  in  ......     213  1,  2 

department  of  industrial  accidents  deemed  party  in  in- 
terest for  purposes  of         .....  .     245 

Surety  bonds  (see  Bonds). 

Surety  companies,  authorized  to  do  business  in  the  commonwealth, 
giving  of  bonds  secured  by,  by  certain  state  and  county 

officers  and  employees,  requirements  as  to       .  .  .214  1-7 

Surgeons  (see  Physicians). 

Surgeon,  state,  appropriations 309  144-146 

revision  of  militia  laws,  as  affecting  .....     425   1,  Subs.  69(a) 

state  police,  division  of,  retirement  of  members  of,  rating  board 
having  certain  powers  and  duties  relative  to,  to  be  or  to 

designate  a  member  of  •.    .  .   •  •  •  •  •     503  3 

Survey,  boards  of,  redemption  of  subdivisions  of  land  taken  or  sold 

for  taxes,  in  certain  cities  and  towns  having    .  .  .      181 

Suspended  sentences,  illegal  voting  laws,  under,  prohibited  .     299  3,  6 

Swampscott,  town  of  (see  Cities  and  towns). 
Swansea,  Fire  and  Water  District,  revived  for  certain  purposes       .     362  1,  2 

town  of  (see  Cities  and  towns). 
Swift  river  water  supply  development,  general  burial  grounds 
established    for  reburial   of  remains  removed  from  area 
taken  for,  care  and  control  of,  to  be  transferred  to  metro- 
politan district  commission  .  .    _       .  .  .  .176 
records  of  towns  of  Dana,  Enfield,  Greenwich  and  Prescott,  per- 
manent custody  of,  by  metropolitan  district  commission       172 
S3rphilis,  pregnant  women,  serological  test  of,  for,  required       .          .     407 


1080 


Index. 


J-  •  Chap. 

Table  of  changes  in  General  Laws 

Tags  and  tagging  (see  Labels;    Marking). 

Tartar,  John  S.,  granting  of  certain  pardon  to,  investigation  rela- 
tive to  the  facts  and  circumstances  surrounding     Resolves  12,  37 
Tashmoo  channel,  town  of  Tisbury  authorized  to  construct  a  bridge 
without  a  draw  over    ....... 

Taunton,  city  of  (see  Cities  and  towns). 

river,  improvement  of  certain  part  of,  reappropriation 

state  hospital,  appropriations  ...... 

Tax  appeals  (see  Appellate  tax  board). 
TAXATION : 

in  general,  appellate  tax  board  (see  Appellate  tax  board). 

gifts,  deeds  or  grants  made  not  more  than  one  year  prior  to 
death  of  grantor  or  donor,  deemed  prima  facie  in  contem- 
plation of  death  for  purposes  of     . 
lands  held  for  public  purposes,  payments  in  lieu  of  taxes  on, 
investigation  relative  to  providing  for  .        Resolve 

laws  levying  certain  new  taxes,  administration  of,  appropria- 
tions ......... 

cigarette  tax,  temporary,  imposition,  etc.        .... 

corporations,  of,  banks,  due  date  of  certain  ta,xes  upon  . 
business  corporations,  additional,  temporary,  imposition,  etc.  . 
domestic,  certain     .  .  .  .  .  .  ■ 

excise  on,  computation  of,  value  of  interest  in  ships  and 
vessels  omitted  from  ...... 

securities,  dealing  exclusively  in    . 
excise  tax  on  trailers  owned  by,  as  affecting 
corporate  franchises,  additional,  temporary,  imposition,  etc.  . 
deduction  of  value  of  trailers  owned  by  such  corporation  in 
determining  value  of    .  .  .  .  .  .  .24 

ri79 


100 

309 
309 
387 


380 


Item  or 
Section. 


1,2 

Page  362 

489,  489b 

2 


44 

495 

325a,  326a 

518 

Page  792 

454 

1-18 

368 

454 

19,21 

373 

6 

363 

1,2 

373 

5 

24 

6 

454 

19.21 

dissolved  corporations,  certain     ...... 

electric  railroad  companies  (see,  supra,  corporations,  of,  cor- 
porate franchises). 

exci.se  tax  on  trailers  owned  by  corporations,  as  affecting 

foreign,  certain  ........ 

dividend  credit,  certain,  not  to  be  allowed  temporarily 
See  also,  supra,  business  corporations;  infra,  manufacturing 
corporations. 

gas  and  electric  companies  (see,  supra,  corporations,  of,  cor- 
porate franchises). 

manufacturing  corporations,  domestic  and  foreign,  certain 
See  also,  supra,  corporations,  of,  business  corporations. 

railroad   companies    (see,   supra,   corporations,   of,   corporate 
franchises) . 

savings  and  insurance  banks  (see,  infra,  excise  tax). 

ships  and  vessels,  corporations  interested  in  .  .  . 

street  railway  companies  (see,  supra,  corporations,  of,  corpo- 
rate franchises). 

telephone  and  telegraph  companies  (see,  supra,  corporations, 
of,  corporate  franchises). 

water  companies  (see,  supra,  corporations,  of,  corporate  fran- 
chises) . 
county  tax,  basis  of  apportionment,  quadrennial  establishment  of 

granting  for  certain  counties  .  .  . 

representative  districts,  division  of  counties  into,  etc.,  expenses, 
certain,  in  connection  with,  inclusion  in  . 

excise  tax,  alcoholic  beverages,  bonds  conditioned  upon  pay- 
ment of,  upon,  filing  of,  by  certain  licensees  with  commis- 
sioner of  corporations  and  taxation,  required    . 
malt  beverages,  levying  upon  importation  into  common 

wealth  of,  instead  of  upon  sales  thereof 
sales  of,  and  of  alcohol,  upon,  additional,  temporary,  im 
position,  etc.        ....... 

cigarettes,  sales  of,  upon  (see,  supra,  cigarette  tax). 

dog  racing  meetings,  amounts  wagered  at,  on,  increased  . 

gasoline  and  certain  other  fuel  used  in  propelling  motor  ve 
hides,  sale  of,  on  (see,  infra,  gasoline  tax). 

motor  vehicles,  registered,  on  (see,  infra,  motor  vehicles,  regis 
tered,  excise  on). 


1399 


24 
373 
373 


363 


346 
452 


434 


1.2 


1,2 

1-4 


Index. 


1081 


TAXATION  —  Continued. 
excise  tax  —  Concluded. 

savings  and  insurance  banks,  payment  of  certain,  by,  upon  net 

value  of  all  policies  issued  thereby 
trailers,  registered,  on  (see,  infra,  trailers,  registered,  excise  on). 
gasoline  tax,  additional,  time  during  wliich  effective,  further  ex- 
tended        .  .  .  .  . 

incomes,  of,  additional,  temporary,  imposition,  etc. 

dividends  ......... 

distribution  of  proceeds  to  cities  and  towns 
estates,  fiduciaries,  partnerships,  associations  and  trusts,  cer- 
tain, received  by  ....... 

United  States,  salaries,  etc.,  of  officers  and  employees  of,  and 
of  certain  bodies  politic  or  corporate  and  certain  agencies 
and  instrumentalities  thereof  ..... 

legacies  and  successions,  of,  gifts,  deeds  or  grants  made  not 
more  than  one  year  prior  to  death  of  grantor  or  donor 
deemed  prima  facie  in  contemplation  of  death  for  pur- 
poses of       .  .  .  .  . 

temporary  additional,  and  temporary  increase  in  rates  thereof, 
imposition,  etc.    ........ 

valuation  and  appraisal  of  property  in  connection  with,  law 
relative  to,  amended    ....... 

See  also  Green,  Edward  H.  R.,  estate  of. 
local  taxes,  abatements,  applications  for,  in  current  year,  special 
provisions  relating  to   . 
interest  payable  upon  sums  reimbursed  in  case  of,  if  tax  al- 
ready paid,  rate  of,  reduced  ..... 

mortgages  on   real  estate,  applications  by  holders  of,  for, 
and  relative  to  appeals  and  actions  in  connection  there- 
with .......... 

Revere,  city  of,  and  town  of  Winthrop,  appeals  from  refusal 
of  assessors  to  make,  in,  as  affecting       .... 

See  also  Appellate  tax  board, 
assessment  of,  exemptions,  trailers  subject  to  an  excise  tax 
person  in  possession  or  owner  of  any  present  interest  in  real 
estate,  to,  in  certain  cases     ...... 

public  schools,  for  support  of,  ordering  by  superior  court  in 
certain  cases  where  a  city  or  town  fails  to  provide  sufficient 
money  therefor    ........ 

Winchester,  town  of,  in,  current  year,  in,  relative  to     . 
assessors  (see  Assessors  of  taxes). 

collection  of,  mortgages  on  real  estate,  holders  of,  rights  of, 
relative  to  payment  of  taxes  ..... 

sale  or  taking  of  land,  by,  homestead  estates,  amount  of  ex- 
emption allowed  to  owners  of,  increased 
instruments  of  taking,  fees  for  registering 
low  value  parcels  formerly  held  under  tax  title,  care  and 
disposal  of,  after  acquisition  of  absolute  title  through 
sale  thereof      ........ 

tax  titles,  borrowing  of  money  by  cities  and  towns  based 
upon    ......... 

redemption,  subdivisions,  of,  in  certain  cases 
See  also  Collectors  of  taxes, 
highway  purposes,  amount  required  to  be  raised  by  taxation 
for,  deduction  from,  of  amount  received  from  Highway 
Fund  for  local  highway  purposes  ..... 

interest  payable  upon  sums  reimbursed,  if  taxes  paid  are  later 
abated,  rate  reduced    ....... 

mortgages  on  real  estate,  rights  of  holders  of,  with  respect  to 
payment  of  taxes,  applications  for  abatements,  and  appeals 
and  actions  relating  thereto  .  .  .  .  . 

New  Bedford,  city  of,  custodian  of  tax  title  property  in,  ap- 
pointment, tenure,  compensation,  etc.    .  .  .  . 

poll  taxes,  assessment  of,  further  regulated    .  .  .  . 

reimbursement,  state,  for  loss  of  taxes  on  land  used  for  public 
institutions,  etc.,  appropriation      .  .  .  .  . 

Revere,  city  of,  abatements,  appeals  from  refusal  by  assessors 
to  make,  as  affecting    ....... 

tax  rates,  fixing  of,  for  current  year,  relative  to     . 

Winchester,  town  of,  in,  relative  to         ...  . 

tax  titles  (see,  supra,  collection  of,  sale  or  taking  of  land,  by). 


Chap. 


fe.      Item  or 
Section. 


1-3 


408 

454 

19,21 

373 

1.3,4 

373 

4 

373 


486 


250 


309 

31 
140 
493 
474 


1.  2 


454 

20-22 

494 

1.  2 

493 

2 

366 

1-4 

250 

1 

31 

6.7 

24 

2 

175 

294 
474 

1,2 

32 
13 

1-5 

123 

288 
496 
181 

1.2 

232 
469 
504 

1.2 

366 

1-4 

1-3 
4,6 


336 

6,7 


1.2 
1,3 


1082 


Index. 


TAXATION  —  Concluded. 
local  taxes  —  Concluded. 

Winthrop,    town    of,    abatements,    appeals   from    refusal    by 
assessors  to  make,  as  affecting        ..... 

motor  vehicles,  registered,  excise  on,  abatements,  interest 
payable  upon  sums  reimbursed  in  case  of,  if  tax  already 
paid,  rate  reduced         ....... 

state  tax,  apportioned  and  assessed        ..... 

basis  of  apportionment,  quadrennial  establishment  of     . 
deficit  in  amounts  assessed  in  nineteen  hundred  and  thirty- 
eight  for  purposes  of,  funding  by  cities  and  towns  of  their 
shares  of,  authorized    ....... 

trailers,  registered,  excise  on 

Taxation,  corporations  and,  department  of  (see  Corporations 

and  taxation,  department  of). 
Taxes,  collectors  of  (see  City  and  town  collectors;    Collectors  of 

taxes). 
Tax  rates  (see  Taxation,  local  taxes). 
Tax  titles  (see  Taxation,  local  taxes,  collection  of). 
Taylor,  Bessie,  payment  to,  by  city  of  Medford  of  sum  of  money  on 
account  of  certain  injuries     ...... 

Taylor,  Joseph,  payment  by  commonwealth  of  sum  of  money  to 
father  of     ......  .        Resolve 

Teachers  (see  Schools,  public). 
Te.achers  colleges,  state,  appropriations 

centennial  of  establishment  of,  observance,  appropriation 

Framingham,  easement  in  certain  land  at,  granting  of,  to  town 

of  Framingham  for  sewerage  purposes    .  .        Resolve 

.  reconstruction,  etc.,  of  certain  buildings  at,  completion  of, 

relative  to  ........ 

reduction  of  number  of,  investigation  relative  to        .        Resolve 
appropriation  .  ... 

students  in,  state  aid  to,  appropriation    ..... 

Teachers'  retirement  board  (see  Education,  department  of;   Re- 
tirement systems  and  pensions). 
Teachers'  retirement  system  (see  Retirement  systems  and  pen- 
sions). 
Teaching  of  modern  languages  (see  Modern  languages). 

Telephone  and  telegraph  companies,  employment  and  hours  of 
labor  of  certain  minors  in  offices  of,  further  regulated 

hours  of  labor  of  women  and  children  employed  by,  relative  to 

locations  of  lines  of  foreign  companies  engaged  in  interstate 
commerce  within  the  commonwealth,  certain  laws  to 
apply  to      ........  . 

property  and  locations  of  domestic,  sale  and  transfer  of,  to  do- 
mestic or  foreign  corporations  organized  for  the  same  pur- 
pose .  .  .  .  .  .  .  .  .  . 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 

See  also  Carriers;  New  England  Telephone  and  Telegraph  Com- 
pany of  Massachusetts,  The. 
Telephone  and  telegraph  division  (see  Public  utilities,  department 

of). 
Telephones,  general  court,  appropriations     . 

state  house,  appropriation      ....... 


Chap. 


366 
516 
346 


464 
24 


273 
348 
352 
461 
377 


161 


162 


Tenement  houses,  employment,  etc.,  of  certain  minors  in  contract 
or  wage  earning  industries  carried  on  in,  further  regulated 

Wakefield,  town  of,  conversion  of  existing  buildings  into  non- 
fireproof  tenement  houses  not  exceeding  two  and  one  half 
stories  in  height,  permitted  .  .  .  .       _    .  _ 

Ten  mile  river,  sanitary  condition  of,  compilation  of  certain  infor- 
mation relative  to  ....  .  Resolve 
appropriation           ........ 

Tercentenary  Edition  of  the  General  Laws,  distribution  to  cer- 
tain members  of  present  general  court    .  .        Resolve 

Terms  of  office  of  certain  state  officers,  time  of  commencement 
of,  ultimate  establishment  of  February  first  as 

Testimonials,  soldiers  and  sailors  of  world  war,  to,  appropriation     . 


Item  or 
Section. 


4 

1-8 


1-3 
1-9 


1.2 


309 
495 
309 

383-400 

383-399 

362^ 

5 

492 

73 

518 

309 

36q 
354 

'309 

33 

495 

33 

309 

188 

■273 

348 

352 

.461 

5,6,9 

440 

1.2 

22 

495 

36c 

19 

304 

309 

134 

Index.  1083 

Item  or 
Chap.  Section. 

Tewksbury  State  Hospital  and  Infirmary,  name  of  State  Infir- 
mary changed  to  .......     272  1,  2 

Texas,  state  of,  litigation,  certain,  pending  in  courts  of,  in  connec- 
tion wath  suit  of  commonwealth  against  Edgar  B.  Davis, 
premium  on  certain  bond  filed  in  connection  with,  appro- 
priation        309  328;  Page  368 

Texas  v.  Florida  and  others  (Estate  of  Edward  H.  R.  Green), 
case  of,  compensation  of  attorneys,  etc.,  in  connection 
with,  method  of  payment,  etc.       .....     495  Page  708 

Textile  industry,  six  o'clock  law,  so  called,  relating  to  hours  of  em- 
ployment of  women  in,  suspension  until  April  1,  1941       .       96 
TEXTILE   SCHOOLS: 

Bradford  Durfee,  appropriation       ......     309  401 

Lowell  (see  Lowell  textile  institute). 

New  Bedford,  appropriation  .......     309  403 

Theatres,  children,  appearance  on  stage  of  certain,  further  regu-  /  193  1,  2 

lated \461  5 

employment  of  women  and  children  in  certain,  hours  of     .  .     377 

Timber  Salvage  Administration  (see  Northeastern  Timber  Sal- 
vage Administration). 
Timber  salvage  commission,  appropriations  .  .  (  .^^  ...^ 

{ 495  2oUa 

establishment,  powers,  duties,  etc.  .....       99  1-4 

Time  payments,  so  called  (see  Conditional  sales). 
Tisbury,  town  of  (see  Cities  and  towns). 
Title  examiner  (see  Land  court). 

Title  insurance  companies  (see  Insurance,  companies,  title). 
Title  to  land,  registration  of  an  instrument  of  taking  of  land  for  non- 
payment of  taxes,  fee  for       ......       13 

Tolland,  town  of  (see  Cities  and  towns). 

Tort  actions,  joinder  of  causes  in  actions  of  contract  and,  relative  to       67  1,  2 

motor  vehicles,  arising  out  of  operation  of,  presumption  in  cer- 
tain, that  certain  required  liability  insurance  not  being 
maintained  upon  failure  of  certain  non-resident  operators 
to  have  policies,  etc.,  upon  person  or  in  vehicle  .  .     325 

Tourist  camps  (see  Camps). 

Town  auditors,  election  for  three  year  terms,  authorized         .  .     129 

Town  committees  (see  Elections,  political  committees). 
Town  counsel  (see  City  and  town  solicitors). 
Town  meetings,  special,  calling  of,  by  selectmen,  upon  request  of 

certain  number  of  registered  voters         ....     182 

TOWN   MEETINGS,   LIMITED,    ETC.: 

Adams,  in,  chairman  of  the  board  of  cemetery  commissioners  to   f    33  1,  3 

be  town  meeting  member  at  large  .  .1  202  1,  2 

nomination   of   candidates   for  re-election   as   town   meeting  J    33  2,  3 

members,  further  regulated  .  .....  \  202  1,2 

Palmer,  in,  establishment,  etc.         .  .  .  .  .  .110  1-14 

Town  officers  (see  Municipal  ofiicers  and  employees;    and  specific 

titles) . 
Towns  (see  Cities  and  towns). 

Tractors,  farm  (see  Farm  machinery  and  implements). 
Trade,  fair  (see  Fair  trade  law,  so  called). 

Trade  marks,  fair  trade  law,  so  called,  for  protection  of,  etc.,  pro- 
visions of,  extended  to  commodities  sold  from  certain 
vending  equipment       .  .  .  .  .  .  .231 

Trades  (see  Apprentice  training,  commission  on). 

Trade  schools,  regulation  of 343  1-3 

See  also  Vocational  schools. 
Traffic  signs,  lights,  signals,  etc.,  malicious  destruction,  etc., 

penalty 451  65 

See  also  Highway  fund. 

Trailer  camps,  licensing  of,  required 416 

Trailers,  excise  tax  on  registered 24  1-9 

farm  machinery  and  implements  excluded  from  provisions  of  laws 

regulating 354  2 

financing  and  insuring  of,  by  certain  foreign  insurance  companies, 

regulated    .........     315 

heavy  duty  platform  trailer,  fee  for  registration  of    .  .  .     364  3 

term  defined      .........     354  1 

number  plates  on,  regiilated  .......     436  1,  2 

See  also  Trailer  camps. 
Training   schools,    Massachusetts    (see   Massachusetts   training 
schools) . 


1084  Index. 

Item  or 
Chap.  Section. 

Trains  (see  Railroads). 
Transportation,  companies,  hours  of  labor  of  women  and  children 

employed  by,  relative  to        .....  .     377 

facilities,  Arlington  and  Somerville,  in,  improvement  of,  investi- 
gation as  to  .  .  .  .  .  .        Resolve       21 

Metropolitan  Boston  area,  in  and  around,  co-ordination  of, 

investigation  relative  to         ...  .        Resolve       64 

railroad,      commonwealth,      within,     investigation     relative 

to      .......  .       Resolve       64 

Winthrop  and  East  Boston,  in,  improvement  of,  etc.      .  .     510  1-9 

passengers,  of,  for  hire,  by  motor  vehicle,  Boston,  city  of,  routes 
for,  in,  licensing  of  any  person  or  corporation  already 
licensed  to  operate  from   Fall  River  to  Boston-Milton 

line 113  1,  2 

inquests  in  cases   involving  a  vehicle  of  certain   common 

carriers,  representation  of  public  utilities  department  at  .       30  1,  2 

regulation  of,  powers  and  duties  of  department  of  public 
utilities  as  to,  provisions  of  law  delegating,  to  commercial 
motor  vehicle  division  in  said  department,  repealed  335  1,  2 

special  and  chartered  buses,  so  called,  placed  under  super- 
vision of  department  of  public  utilities  ....     404  1,  2 

property,  of,  by  motor  vehicle,  contract  carriers,  exemption  of 
certain,  from  laws  requiring  the  filing  of  certain  contracts 
with  department  of  public  utilities  ....     171 

interstate  carriers,  exempted  from  payment  of  certain  fees 

in  certain  cases    ........     306 

leasing  of  trucks  and  motor  vehicles  for,  persons  engaged  in, 
department  of  public  utilities  given  access  to  books  and 
records  of,  and  authority  to  require  certain  information 

therefrom 307 

replacing  of  lost  or  mutilated  plates  and  lost  or  destroyed 
certificates,  permits  and  licenses  issued  for,  relative  to        .     322 
pupils,  of,  to  vocational  schools,  by  towns  which  maintain  a  high 

school  but  no  school  for  industrial  education  .  .     308 

See  also  Motor  vehicles;    Railroads;    Street  railways. 
Travel  allowances,  county  officials  and  employees  using  their  own 

cars  on  county  business,  of,  limited         ....     452  2 

justices  and  officers  of  certain  district  courts,  of,  regulated  .  .     296  1-3 

state  employees  using  their  own   cars  on   state   business,   of, 

limited 309  5 

reductions  in  amounts  available  for       .....     387  1 

See  also  General  court. 
Treasurers,  city  and  town  (see  City  and  town  treasurers). 

county  (see  County  treasurers). 
TREASURER,    STATE: 

appropriations       .  .  .  .  .  .  .  .  .  {^  213-219 

biennial  budget,  changes  in  certain  state  fiscal  requirements 
necessitated  by  adoption  of,  as  affecting  certain  powers 
and  duties  of 502  9,  15 

board  composed  of  attorney  general,  director  of  accounts  and, 
approval  by,  incurring  of  debt  by  cities  and  towns  for 
emergency  purposes,  of,  further  regulated        .  .  .     457 

renewal  of  certain  temporary  revenue  loans  by  cities,  towns 

and  districts,  of  .  .  .  .  .  .  .68 

storm  damage  loans,  emergency,  making  by  cities,  towns  and 

districts,  powers  and  duties  as  to  .  .  .  .  .63 

Bridgewater,  town  of,  water  supply  for  certain  inhabitants  of, 
from  water  system  of  state  farm,  department  of  correc- 
tion may  require  deposit  with,  before  providing        .  .     293 

cigarette  tax,  enforcement  of,  officers  serving  process  and  wit- 
nesses attending  hearings  in  connection  with,  compensa- 
tion of,  powers  and  duties  as  to     .  .  .  .  .     454  12 

emergency  finance  board  in  department  of  (see  Emergency 
finance  board). 

emergency  public  works  commission  in  department  of  (see  Emer- 
gency public  works  commission). 

escheated  estates  of  certain  deceased  persons,  balances  of,  pay- 
ment from  state  treasury,  statements  as  to  fees  for  legal 
services  in  connection  with,  filing  with  Resolves  33,  62,  63 

hurricane,  forest  fire  patrol  in  areas  endangered  by,  financing  of, 

powers  and  duties  relative  to  .  .  .  .  .     247  1,  2 

income  taxes,  distribution  to  cities  and  towns  by       .  .  .     373  4 


Index.  1085 


Item  or 
Chap.  Section. 

TREASURER,    STATE  —  Concluded. 

insurance  companies,  deposits  by,  with,  form  and  denominations 

of  bonds  included  in     .  .  .  .  .  .  400  1-3 

Mauro,  Eugene  and  Mary,  payment  by  commonwealth  of  sum  of 
money  to,  agreement  as  to  fees  for  legal  services  in  con- 
nection with,  filing  with        ....        Resolve       32 

metropolitan  districts,  publication  of  certain  statements  relative 

to,  by,  change  in  time  of       .....  .     499  2 

Millville  municipal  finance  commission  and  furnishing  of  finan-  (  514  2,  6,  9 

cial  relief  to  town  of  Millville,  powers  and  duties  as  to  .   \  517  2 

north  and  south  metropolitan  sewerage  districts,  additional  pro-"]  ^^2  4  6  8  10 

visions  for  sewage  disposal  needs  of,  powers  and    duties  >  gj^j  '    '    '    1 

in  connection  with       .  ...  .  .  .J 

Reading,  town  of.  Lake  Quannapowitt,  drainage  of  certain  low 

lands  adjacent  to,  in,  certain  duties  in  connection  with      .     458  4 

registrar  of  motor  vehicles  relieved  from  accounting  to,  for  cer- 
tain deficits  in  certain  accounts  of  the  registry  with  the 
commonwealth    ......        Resolve       24 

representative  districts,  special  commissioners,  boards  of,  to 
divide  counties  into,  etc.,  expenses  of,  powers  and  duties 

as  to 467  2 

rivers  and  streams,  improvements,  certain,  in,  for  flood  protec-  f  513  5 

tion  purposes,  duties  as  to    .  .  .  .  .  .  \  517  3 

savings  and  insurance  banks,  excise  imposed  upon,  abatements 

of,  payment  by   .  .  .  .  .  .  .     447  1 

state  tax,  apportionment  and  assessment  of,  duties  as  to   .  .     516  1-8 

supreme  judicial  court  for  commonwealth,  clerk  and  assistant 

clerk  of,  bond,  giving  by,  to,  as  affecting         .  .  .     214  6 

tax  titles,  loans  to  cities  and  towns  on  account  of,  powers  and  f  288  1,  2 

duties  as  to  .  .  .  .  .  .  .  .  \  496 

Trees,  Dutch  Elm  Disease,  so  called,  control  of       ...  .     136 

work  in  connection  with,  appropriation  ....     309  409 

fallen,  removal  of,  on  private  property,  to  reduce  forest  fire  haz- 
ards resulting  from  the  hurricane  ....     180  1-4 

Tree  wardens,  towns,  in,  may  be  elected  for  terms  of  three  years  3 

Trial  justices,  inquests  in  cases  of  death  in  which  a  motor  vehicle  of 
a  common  carrier  of  passengers  for  hire  by  motor  vehicle 
is  involved,  giving  of  notice  by,  to  department  of  public 

utilities 30  1,2 

Trials,  civil  (see  Practice  in  civil  actions). 

criminal  (see  Criminal  procedure  and  practice). 
Trucks  (see  Motor  vehicles,  trucks). 
Trust  companies  (see  Banks  and  banking). 
Trustees,  alcoholic  beverages,  laws  relating  to,  made  applicable  to, 

in  certain  instances      .......     470  1, 2 

common  trust  funds,  establishment,  etc.,  by,  investigation  rela- 
tive to        ......  .       Resolve       18 

See  also  Fiduciaries. 
Trusts,  city,  town  and  county  treasurers  to  be  bonded  with  respect 

to  the  performance  of  their  duties  in  connection  with        .     109  1,  2 

common    trust    funds,    investigation    relative    to,    by    judicial 

council        .......        Resolve       18 

creditors,  benefit  of,  for,  making  subject  to  jurisdiction  of  pro- 
bate courts,  investigation  relative  to       .  .        Resolve       20 
transferable  shares,  having,  income  received  by,  taxation  of       .     373  1 
shareholders,  lists  of,  etc.,  filing  with  commissioner  of  cor- 
porations and  taxation  by     .          .          .          .          .          .     373                         3 

Tuberculosis,  hospital  districts,  employees  of,  payment  of  wages  or 
salaries  to,  in  certain  cases  where  compensation  for  total 
incapacity   is    payable    under   workmen's    compensation  , 

law,  prohibited    ........     435 

retirement  systems  for  employees  of,  membership  in,  further 

regulated 158  2 

hospitals,  Norfolk  county,  fire  sprinkler  system  for  certain  build- 
ings at 38  1-3 

Plymouth  county,  improvements  at    .  .  .  .  .     262  1-3 

See  also  Essex  county  sanatorium;   Sanatoria,  state. 
Millville,  town  of,  residents  of,  suffering  from,  care  and  treat- 
ment of      ........  .     514  4 

silicosis  or  other  occupational  pulmonary  dust  diseases  compli- 
cated with,  workmen's  compensation  benefits  for,  regu- 
lated   465        1,  Subs.  78 

Tuberculosis,  division  of  (see  Public  health,  department  of). 


1086 


Index. 


Chap. 

TuUy,  reservoir,  flood  control  project,  certain,  acquisition  of  land  1 284 

by  United  States  for,  consent  to,  granting  of  .  .  t  483 

river,  flood  control  project  on,  acquisition  of  land  by  United  \  284 

States  for  certain,  consent  to,  granting  of        .  .  .  \  483 

Tunnel,  vehicular,  East  Boston  (see  Sumner  tunnel). 

Twisters  (see  Weapons). 


Item  or 

Section. 


1-3 
1-3 


u. 

Unclaioied  deposits,  trust  companies,  in,  furnishing  to  the  com- 
missioner of  banks  of  certain  information  relative  to         .     124 
Underpass,  Broad  street  in  Lynn,  under,  for  school  children     .  .     143 

Undertakers  (see  Funeral  directing). 

Unemployment,  emergency  funds  for  relief  of,  temporary,  appro- 
priations by  towns  for,  and  use  of  said  funds  further  regu- 
lated   46 

highway  projects,  local,  for  relief  of,  expenditure  by  cities  and 
towns  of  certain  funds  received  in  1938  from  the  Highway 

Fund  for .         2 

relief  projects,  federal,  borrowing  by  cities,  towns  and  districts  f    72 
on  account  of      .  .  .  .  .  .  .  .  \  453 

youth,  of,  problems  affecting,  study  relative  to  .       Resolve       38 

appropriation  ........     495 

See  also  Federal  emergency  laws. 
UNEMPLOYMENT   COMPENSATION   COMMISSION: 

abolished,  and  powers  and  duties  thereof  to  be  exercised  and  per- 
formed by  the  director  of  the  division  of  vmemployment 
compensation      ........       20 

appropriations       .........     309 

See  also  Unemployment  compensation  law. 
Unemployment  compensation,  division  of  (see  Labor  and  indus- 
tries, department  of). 
UNEMPLOYMENT   COMPENSATION   LAW: 


in  general,  amendments  to 


administration  of,  changes  in  state  act  so  as  to  conform  to  federal 
railroad  unemployment  insurance  act,  as  affecting  . 
division  of  unemployment  compensation  created  in  the  depart- 
ment of  labor  and  industries  for    . 
benefits         .......... 

deceased  or  insane  persons,  due  to  certain,  provision  for  pay- 
ment ......... 


board  to  review  certain  cases  arising  under,  created,  powers, 
duties,  etc.  ........ 


claims  and  appeals 

contributions 

employees,  by,  abolished 
employers,  by    . 


definitions    .  .  .  .  . 

employees'  contributions,  abolished 
employers'  contributions 

employment,  defined 


federal  railroad  unemployment  insurance  act,  changes,  certain, 

so  as  to  conform  to      ......  .     374 

investment  board  under,  composition       .... 

records  and  reports         ....... 


1-3 


1-3 
36d 


6,7 
471.  472 


20 

1-9 

319 

1-11 

374 

1-6 

490 

1-23 

374 

1-6 

20 

1-9 

319 

8 

490 

5-14 

490 

20 

1,  Subs.  9N; 

20 

3,  Subs.  28, 
29,31; 

8 

490 

15,  Subs. 
27,28 

20 

3 

490 

15,  16 

319 

1-11 

490 

17,  23 

319 

1-11 

319 

2 

490 

17,23 

20 

2 

319 

\ 

374 

1 

490 

1-4,  19 

319 

1-11 

319 

2 

490 

17,23 

319 

1 

374 

1 

490 

2 

374 

1-6 

20 

4 

490 

21,22 

Index.  1087 

Item  or 
Chap.  Section. 

UNEMPLOYMENT    COMPENSATION    LAW  —  Concluded. 

recovery  of  payments  made  through  error         ....     490  18 

r    20  r      1,  3,  Subs, 
state  advisory  council,  reorganized  and  powers  and  duties  under,  J  <  26,  31; 

further  defined 1  I  4-6,  8 

[  490      15,  Subs.  26 
unemployment,  defined  .  ...  .  .  .     490  4 

unemployment  compensation   administration   account,   moneys 
received  from  federal  railroad  retirement  board,  payment 

into,  etc 374  3 

unemployment  compensation  fund  .....     490  23 

employees'  contribution  to,  abolished  .  .  .  .  .     319  1-11 

transfer  of  certain  amounts  from,  in  connection  with  changes 
in  law  to  conform  to  federal  railroad  unemployment  in- 
surance act  ........     374  6 

Unfair  competition,  penalty  by  way  of  forfeiture  imposed  on  per- 
sons performing  acts  constituting,  under  Fair  Trade  Law, 
so  called     .  .  .  .  .  .  .  .  .     313 

vending  equipment,  commodities  sold  from  certain,  made  subject 

to  Fair  Trade  Law,  so  called  .....     231 

Unfair  sales  act,  so  called,  clarifying  of,  by  further  defining  certain 

terms  as  used  therein  .......     189  1,  2 

Uniform  state  laws,  commissioners  on,  appropriation         .  309  168 

Union  Light  &  Power  Company,  lines,  poles,  etc.,  of,  in  certain 

towns,  locations,  etc.,  validated     .....      134  1,  2 

UNITED    STATES: 

army  air-base,  certain  lands  for,  in  city  of  Chicopee  and  town  of 
Ludlow,  consent  of  commonwealth  to  acquisition  of,  by, 

etc 463  1,  2 

army  base  terminal  in  Boston  harbor,  improvement  of  approaches 

of,  as  a  project  of Resolve       13 

appropriation  ........     309  633a 

Boston  harbor,  dredging  of  channel  in,  for  purposes  of  trans- 
Atlantic  aviation,  construction  of  certain  bulkheads,  etc., 

at  or  near  Boston  airport  in  connection  with    .  .  .     476  2 

Chicopee,    city   of,    army  air-base   in,    etc.,    certain   lands   for, 

consent  of  commonwealth  to  acquisition  of,  by,  etc.  .     463  1,  2 

citizens  of,  applicants  for  registration  for  practice  of  medicine 
and  dentistry  required  to  have  filed  notice  of  intention 
of  becoming,  etc.  .......     415  1-4 

Civil  Aeronautics  Authority  of  the,  aircraft,  pilots,  etc.,  hcenses 

of,  issued  by,  registration  of,  etc.  .....     393  3,  Subs.  47-50 

congress  of,  emergency  laws  of  (see  Federal  emergency  laws). 
Menemsha     creek,     improvement     of,     appropriation     for, 

by Resolve       70 

Connecticut  river  flood  protection  projects  of,  Holyoke,  city  of, 

construction,  etc.,  of  certain  works  in  conjunction  with     239  1,  3 

Northampton,  city  of,  construction,  etc.,  of  certain  works  in  f      9  1,  3 

conjunction  with  .  .  .....  \  426  1 

corporate  agencies  or  instrumentalities  of,  taxation  of  wages  and 

salaries  of  officers  and  employees  of,  relative  to  .  .     486  1,2 

Dorchester  Heights  monument,  conveyance  by  the  city  of  Bos- 
ton to,  for  preservation  and  maintenance  as  a  national 
historic  monument       .......     148 

emergency  laws  of  (see  Federal  emergency  laws). 
Employment  Service,  state  agency  for  co-operation  with,  divi- 
sion of  unemployment  compensation  to  be      .  .  .       20        1,  Subs.  9L 
flood  control,  Chicopee,  city  of,  authorized  to  construct  certain  f    97  1,  3 
works  in  conjunction  with     .           .           .           .           .          .  \  364  1,  2 

construction  of  certain   projects   for,  by,  acquisition  of  land 

for,  consent  of  commonwealth  to,  granting  of  .  .     284 

co-operation  by  department  of  public  works  in  certain  high- 
way construction  in  connection  with       ....     483  1-3 

Holyoke,  city  of,  authorized  to  construct  certain  works  in  con- 
junction with       .  .  .  .  .  .  .  .     239  1,  3 

Northampton,  city  of,  authorized  to  construct  certain  works  /      9  1.  3 

in  conjunction  with      .......  \  426  1 

Westfield,  city  of,  authorized  to  construct  certain  works  in 

conjunction  with  .  .  .  .  .  .  .     278  1, 3 

housing  administrator,  federal,  loans  insured    by,  real    estate, 
secured  by,  authority  of  domestic  insurance  companies 
to  make,  relative  to      ......  .     359 

term  during  which  banking  institutions  and  insurance  com- 
panies may  make,  extended  .....     241 


1088  Index. 


Item  or 
Chap.  Section. 


UNITED    STATES  —  Conchided. 

Immigration  and  Naturalization  Service  of,  aliens  applymg  for 
registration  for  practice  of  medicine  and  dentistry,  presen- 
tation by,  of  certain  certificate  from       .  .  .  .     415  1-4 
Ludlow,  town  of,  army  air-base  in  city  of  Chicopee  and,  certain 
lands  for,  consent  of  commonwealth  to  acquisition  of,  by, 

etc 463  1.2 

Menemsha  creek,  improvement  of,  as  a  project  of     .        Resolve       70 

appropriation  .  .  .  .  •  •  _•  •     495  624a 

officers   and    employees,    wages,    salaries,    etc.,    of,    taxation    of 

income  derived  from    .  .  .  .  .  •  •     486  1,  2 

Pocasset   tribe   of   Indians,   construction   of   homes   for   certain 

families  of,  within  certain  reservation,  co-operation  by      .     384 
railroad  unemployment  compensation  law,  changes  in  state  un- 
employment compensation  law  so  as  to  conform  to  certain 

provisions  of        .  .  .  •  •  •  •  •     374  1—6 

secretary  of  the  treasury  of,  unemployment  compensation  fund, 
transfer  of  certain  funds  from  commonwealth's  account 

in,  duties  as  to     .  .  .  .  .  •  ■  ■     374  6 

secretary  of  war  of,  placing  of  certain  moneys  to  credit  of,  for 
improvement  of  approaches  to  army  base  terminal 

in  Boston  harbor Resolve       13 

appropriation  ......-■     309  633a 

for  improvement  of  Menemsha  creek  .  .        Resolve       70 

appropriation  ........     495  624a 

taxation  of  wages,  salary  or  compensation  of  officers  and  ern- 
ployees  of,  certain  bodies  politic  or  corporate  and  certain 
agencies  and  instrumentalities  thereof    ....     486  1,  2 

unemployment  relief  and   other  projects,   grants  for,   by    (see 

Federal  emergency  laws). 
See    also    Federal    emergency    laws;     Hayden-Cartwright    act; 
Interstate  commerce  commission;    Northeastern  Timber 
Administration;   Wagner- Peyser  act. 
Universities  (see  Colleges  and  universities). 
University  extension  courses,  appropriations       ....     309  359,  360 

Unnatural  and  lascivious  acts  (see  Sex  crimes,  so  called). 
Upholstered  furniture,  manufactured  outside  commonwealth,  sale 

of,  by  certain  persons,  regulated    .....     351 

Used  metal  (see  Second  hand  metal). 

Utilities,  public,  department  of  (see  Public  utilities,  department 
of). 

V. 

Vaccine,  anti-rabic,  reimbursement  of  certain  cities  and  towns  for 

the  cost  of,  relative  to  ......       42 

Vehicles  (see  Motor  vehicles). 

Vending  machines,  cigarettes,  for,  licensing  of,  in  connection  with 

temporary  cigarette  tax         .  .  .  .       _  .     454  2 

provisions  of  fair  trade  law,  so  called,  extended  to  commodities 

sold  from  certain  .  .  .  •  •  •  .231 

Venereal  diseases,  syphilis,  serological  test  of  pregnant  women  for, 

required       .........     407 

Verification  of  voting  lists,  state  wide,  provision  for  .         .    450  1-6 

Vessels  (see  Ships  and  vessels). 
VETERANS : 

educational  opportunities,  higher,  providing  of,  for  children  of  f  309  355 

certain,  appropriations  .  .  .  .  .  ■  \  495  355 

investigation  relative  to  .  .  .  .  .        Resolve       38 

retirement  from  state  service  of  certain,  appropriations      .  .     309  659,  660 

soldiers'  relief,  granting  to  certain  minor  children  of  certain  .  295 
See  also  American  Legion,  The;  Civil  war  veterans;  Disabled 
American  Veterans  of  the  World  War;  Grand  Army  of 
the  Republic;  Jewish  War  Veterans  of  the  United  States 
of  America;  Spanish-American  war;  State  aid,  military 
aid  and  soldiers'  relief;  Veterans  of  Foreign  Wars  of  the 
United  States;  World  War;  Yankee  Division  Veterans' 
A.ssociation. 
Veterans  of  Foreign  Wars  of  the  United  States,  national  con- 
vention of,  in  1939,  representation  of  commonwealth  at, 
appropriation      ........     309  162 


Index.  1089 


251 

1-4 

309 

202 

38 

495 

36d 

309 

349,  350 

461 

4 

35 

309 

351 

Item  or 
Chap.  Section. 

Veterans  of  Foreign  Wars  Parkway,  drains  on,  construction,  ap- 
propriation .         .  .     309  657 
Veterinarians,  applicants  for  registration  as,  eligibility  requirements 

for,  increased       ........     251  1-4 

Veterinary  medicine,  board  of  registration  in  (see  Civil  service  and 
registration,  department  of), 
schools  of,  appro\nng  authority  for,  in  connection  with  eligibility 
requirements  for   applicants   for   registration    as   veteri- 
narians, establishment,  etc.  ...... 

Vital  statistics,  indexing,  appropriation        ..... 

Vocational  education  and  training,  study  relative  to        Resolve 
appropriation     ......... 

Vocational  rehabilitation,  appropriations  ..... 

Vocational  schools,  co-operative  courses  in,  relative  to 

county  and  district,  investigation  relative  to  .        Resolve 

teachers  for,  training  of,  appropriation     ..... 

transportation  of  pupils  to,   by  towns  which  maintain  a  high 

school  but  no  school  for  industrial  education   .  .  .     308 

See  also  Trade  schools. 
Volunteer  militia  (see  Militia). 
Voters  (see  Elections). 

registrars  of  (see  Registrars  of  voters). 
Voting  (see  Elections). 
Voting  lists,  verification,  state  wide,  of  ....  .     450  1-6 

Voting  machines,  tampering  with,  etc.,  penalty   ....     451  13 

w. 

Wachusett,  Mountain  state  reservation,  care  and  maintenance  of, 
certain    powers    granted    to    county    commissioners    of 

Worcester  county  in  connection  with      ....     242  1,  2 

reservoir,   system  of  sanitary  sewers  in  towns  of  Holden  and  "]  „o^ 

Rutland  to  divert  sewage  from  watershed  of,  construe-  \  ^5^  ]~^ 

tion,  etc.     .     _ J  ^^'  ^~^ 

Ware  river,  diversion  of  flood  waters  of,  into,  relative  to  .513  7 

Wage,  boards,  appropriation  .......     309  463 

minimum,  evidence  of  the  establishment  of  minimum  fair  wage 

rates,  relative  to  .......     275 

service,  department  of  labor  and  industries,  appropriations      .     309  462,  464 

Wage  and  hour  standards,  adoption  of,  within  this  commonwealth, 

investigation  and  study  relative  to  .  .        Resolve       52 

appropriation  ........     495  36g 

Wagers,  horse  and  dog  races,  on  (see  Horse  and  dog  racing  meet- 
ings conducted  under  pari-mutuel  system  of  wagering). 
Wages,  assignments  of,  laws  regulating,  exemption  from  operation 
of,  of  orders  for  payment  of  subscriptions  to  non-profit 
hospital  service  corporations  .  .  .  .  .125 

payment  to  public  employees  in  certain  cases  where  compensa- 
tion   for   total    incapacity   is   payable   under   workmen's 
compensation  law,  prohibited         .....     435 

reserve  police  officers  employed  on  certain  public  works,  of, 

rate  of,  regulated  .......     252 

United  States,  officers  and  employees,  etc.,  of,  taxation  of  income 

derived  from        ........     486  1,  2 

Wagner-Peyser  Act,  federal  act  called.  United  States  Employment 
Service  under,  division  of  unemployment  co-operation  to 
be  state  agency  for  co-operation  with     .  .  .  .       20        1,  Subs.  9L 

Wakefield,  town  of  (see  Cities  and  towns). 

Wales,  town  of  (.see  Cities  and  towns). 

Walker,  Clifford  H.,  acts  as  notary  public  validated        .        Resolve         4 

f  309  494,  494b 

Walter  E.  Fernald  state  school,  appropriations  .  .  .         .  \  387  2 

i  495  494b 

custody  of  persons  committed  to,  relative  to     .  .  .  .     500  6 

Waltham,  city  of  (see  Cities  and  towns). 

Wampanoag,  Lake,  name  of  certain  body  of  water  in  city  of  Gard- 
ner and  town  of  Ashburnham  established  as   .  .  .        12 
Ward  (see  Guarrlians  and  conservators). 
Ward  committees  (see  Elections,  political  committees). 
Wardens,  coastal  (see  Fish  and  fisheries). 

tree  (see  Tree  wardens). 
Wards  (see  Elections). 


1090  Index. 


Item  or 
Chap.  Section. 


Wareham,  town  of  (see  Cities  and  towns). 
Ware  river,  diversion  of  flood  waters  of,  relative  to         .  .  .     513  7 

Rutland,  town  of,  system  of  sanitary  sewers  in,  construction, 

etc.,  to  divert  sewage  from  watershed  of  .  .  .     287  1-3 

War  memorials  (see  Memorials). 

Warrants,  arrest,  for,  upon  revocation  of  pardon   ....     479 
Warren,  town  of  (see  Cities  and  towns). 

Wars,  expenses  on  account  of,  appropriations  .  .  .  .  I  ^"^         Ifil  -ifii 

See  also  Civil  war  veterans;  Soldiers,  sailors  and  marines;  Span- 
ish-American war;   Veterans;   World  war. 
War  veterans  (see  Veterans). 

Watchmen,  Sunday,  working  on,  employers  required  to  post  sched- 
ules of 235  2 

Water  and  sewage  laboratories,  division  of  (see  Public  health, 

department  of). 
Water  boards,   joint,   laborers  employed  by,  retirement  of,  and 
regulating  the  manner  of  computing  for  retirement  pur- 
poses the  time  of  service  thereof    .  .  .  .  .361  1,  2 

Water  companies,  taxation  of  (see  Taxation,  corporations,  of,  cor- 
porate franchises). 
See  also  Dedham  Water  Company;  Fairhaven  Water  Company. 
Water  districts  (see  Districts). 

Water  rights,  Lake  Quinsigamond  and  certain  ponds  in  Worcester 
county,  in,  present  status  and  use  of,  determination 
of  .  .  .  .  .  .  .  .        Resolve       40 

appropriation       ........     495  36h 

WATERS   AND    WATERWAYS: 
in  general : 

locations  of  lines  for  the  transmission  of  intelligence  by  elec- 
tricity, etc.,  across,  under,  etc.   (see  Electricity,  intelli- 
gence, transmission  by). 
basins: 

Charles  river  (see  Charles  River  basin). 

Menemsha,  Chilmark,  town  of,  in,  bulkhead  along  portion  of 

shore  of,  construction,  etc.    ......     437  1-3 

brooks  and  streams : 

in  general,  building  of  structures,  etc.,  in,  with  respect  to  which 
expenditures  of  federal,  state  or  municipal  funds  have  been 

made  for  any  form  of  flood  control,  regulated  .  .     513  6 

improvements,  certain,  in,  for  flood  protection  purposes       .  <  f  ^^  ^~^ 

Beaver  brook,  city  of  Waltham  authorized  to  improve  certain 

section  of   .........       84  1,  2 

channels : 

Tashmoo,  town  of  Tisbury  authorized  to  construct  a  bridge 

without  a  draw  over    .......     100  1,  2 

creeks: 

Menemsha,  improvements  in        ...  .        Resolve       70 

appropriation       ........     495  624a 

harbors : 

Boston,  airport  in  East  Boston,  construction  of  bulkheads, 
etc.,  at  or  near,  to  provide  area  for  dumping  material 
dredged  from       ........     476  2 

army    base    terminal    in,    improvement     of     approaches 

to Resolve       13 

appropriation 309  633a 

harbor  lines  in.  Commercial  and  Atlantic  avenue  waterfront, 

along,  relocated         .......     402  1-3 

East  Boston,  southerly  and  easterly  sides  of,  along,  re- 
located     411  1,2 

South  Boston  waterfront,  along,  relocated       .  .  .     403  1-3 

hulks  or  wrecks  lying  along  East  Boston  waterfront,  removal 

of 476  1 

appropriation  .  .  .  .  .  .518  633b 

See  also  Metropolitan  districts,  sewer  districts. 
ponds  and  lakes : 

Dorety  or  Round  pond,  Worcester  county,  in,  water  rights  in, 

present  status  and  use  of,  determination  of    Resolve       40 
appropriation  .  .  .  .         .-.  .      •  •       .  •     ^^^  ^^^ 

Lagoon  pond,  Oak  Bluffs,  town  of,  in,  acquisition  by  commis- 
sioner of  conservation  of  location  for  plant  for  propaga- 
tion of  lobsters  in         ......         .     385  2 


Index.  1091 


Item  or 
Chap.  Section. 

WATERS   AND    WATERWAYS  —  Continued. 
ponds  and  lakes  —  Concluded. 

Long  pond,  Worcester  county,  in,  water  rights  in,  present 

status  and  use  of,  determination  of  .        Resolve       40 

appropriation  ........     495  36h 

Martin's   pond.   North   Reading,   town   of,   in,   pollution   of, 

remedying  of,  investigation  as  to     .  .       Resolve       26 

appropriation  ........     495  35j 

Quannapowitt,  Lake,  drainage  of  low  lands  in  town  of  Reading 

adjacent  to  ........     458  1-7 

water  level  of,  regulation  of,  relative  to     .  .  .  .     458  2 

Quinsigamond,  Lake,  water  rights  in,  present  status  and  use 

of,  determination  of       ...  .        Resolve       40 

appropriation  ........     495  36h 

Sluice  pond,  so  called,  city  of  Lynn  authorized  to  sell  a  certain 

part  of,  to  John  G.  Heckman 70  1,  2 

Wampanoag,  Lake,  name  of  certain  body  of  water  in  city  of 

Gardner  and  town  of  Ashburnham  established  as    .  .       12 

reservoirs: 

Birch  Hill,  flood  control  project  on  Millers  river,  acquisition  1  234 

of  land  by  United  States  in  connection  with,  consent  to,  >^oq  to 

granting  of r^*^  ^""^ 

Knightsville,  flood  control  project  on  Westfield  river,  acquisi-  |  234 

tion  of  land  by  United  States  in  connection  with,  consent  \  jqo  1   •> 

to,  granting  of I  ^^"^  ^"-^ 

Lower  Naukeag,  flood  control  project  on  Millers  river,  acquisi-  1  234 

tion  of  land  by  United  States  in  connection  with,  consent  }  ^00  1    o 

to,  granting  of J  *"''  ^   "^ 

Nashua,  name  changed  to  Lake  Wampanoag  ...       12 

Quabbin,  so  called,  records  of  towns  of  Dana,  Enfield,  Green- 
wich and  Prescott,  keeping  and  preservation  of,  at   .  .     172 
Tully,  flood  control  project  on  Tully  river,  acquisition  of  land  1  254 

by  United  States  in  connection  with,  consent  to,  granting  >  ^go  i_q 

Wachusett,  system  of  sanitary  sewers  in  towns  of  Holden  and  |  286  1_3 

Rutland  to  divert  sewage  from  watershed  of,  construe-  \  oc7  1    q 

tion,  etc J  "^^^  ^"^ 

Ware  river,  diversion  of  flood  waters  of,  into,  relative  to       .     513  7 

rivers : 

in  general,  building  of  structures,  etc.,  in,  with  respect  to  which 
expenditures  of  federal,  state  or  municipal  funds  have  been 
made  for  any  form  of  flood  control,  regulated  .  .  .     513  6 

improvements,  certain,  in,  for  purpose  of  protection  against  /  513  1-5 

flood \517  3 

Acushnet,  bridge  over,  between  city  of  New  Bedford  and  town 
of  Acushnet,   construction   by   Acushnet  Process  Com- 
pany, authorized  .......     430  1,  2 

Assabet,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to      .  .  .  .  .       Resolve       22 

appropriation  ........     495  36c 

Blackstone,  sanitary  condition  of,  compilation  of  certain  in- 
formation relative  to      .  .  .  .        Resolve       22 

appropriation  ........     495  36c 

withdrawal   of   game   fish   from   Lake   Quinsigamond   into, 
effect  of,  on  restocking  program  of  state  division  of 
fisheries  and  game,  determination  of,  etc.      Resolve       40 
appropriation         .......     495  36h 

Charles,  condition  of,  and  the  lands  adjacent  thereto  in  certain 

cities  and  towns,  investigation  relative  to        .        Resolve       54 
sanitary  condition  of,  compilation  of  certain  information 

relative  to    .  .  .  .  .  .        Resolve       22 

appropriation  ........     495  36c 

storm  overflow  conduits  on  sides  of,  construction,  etc.      .     512  3 

Charles  river  basin  (see  Charles  river  basin). 
Chicopee,  flood  protection  works  along,  construction,  etc.,  by  /    97  1-4 

city  of  Chicopee \  364  1,2 

Concord,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to      .  .  .  .  .        Resolve       22 

appropriation  ........     495  36c 

Connecticut,  flood  protection  works  along,  construction,  etc.,  (    97  1—4 

Chicopee,  city  of,  by      .  .  .  .  .  .  \  364  1,  2 

Holyoke,  city  of,  by 239  1-4 

Northampton,  city  of ,  by |  .gc  1  ~2 


1092  Index. 


Item  or 
Chap.  Section. 

WATERS    AND    WATERWAYS  —  ConcZuded. 
rivers  —  Conduded. 

Connecticut,    sanitary    condition    of,    compilation    of    certain 

information  relative  to  ...        Resolve       22 

appropriation  ........     495  36c 

Springfield,  city  of,  authorized  to  construct  certain  sewers, 

etc.,  for  the  purpose  of  removing  pollution  from        .  .52  1-11 

French,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to      .  .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  .  .  .     495  36c 

Hoosick,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to      .  .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  .  .     495  36c 

Housatonic,  sanitary  condition  of,  compilation  of  certain  in- 
formation relative  to       .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  .  .  .     495  36c 

Merrimack,  Duck  bridge  over,  in  city  of  Lawrence,  rebuilding 

of  roadway  floor  of       .  .  .  .  .  .  .314  1-4 

sanitary  condition  of,  compilation  of  certain  information 

relative  to    .  .  .  .  .  .        Resolve       22 

appropriation  ........     495  36c 

Mill,  flood  protection  works  along,  construction  by  city  of  /      9  1-4 

Northampton j  426  1,2 

Millers,  flood  control  projects  on,  acquisition  of  land  by  United  f  284 

States  for  certain,  consent  to,  granting  of  .  .  .  \  483  1-3 

sanitary  condition  of,  compilation  of  certain  information 

relative  to    .  .  .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  .  .  .     495  36c 

Mystic,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to      .  .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  .  .     495  36c 

valley  of,  additional  sewers  in,  construction,  etc.,  increased 
expenditure  for   .  .  .  .  .  .  .  .     285 

Nashua,  sanitary  condition  of,  compilation  of  certain  informa- 
tion relative  to      .  .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  .  .  .     495  36c 

Neponset,  sanitary  condition  of,  compilation  of  certain  infor- 
mation relative  to  ....        Resolve       22 

appropriation  .  .  .  .  .  .  .  .     495  36c 

Quinnebaug,  sanitary  condition  of,  compilation  of  certain  in- 
formation relative  to      .  .  .  .        Resolve       22 

appropriation  .  .  .  .  .  ...     495  36c 

Saugus,  obstructions  to  flow  of,  removal  of,  in  connection  with 

drainage  of  certain  low  lands  .....     458  2 

Shawsheen,  control  of  flood  waters  in,  for  flood  protection  pur- 
poses, investigation  as  to       .  .  .  .        Resolve       66 

Taunton,  improvement  of  certain  part  of,  reappropriation        .     309  Page  362 

Ten  Mile,  sanitary  condition  of,  compilation  of  certain  infor- 
mation relative  to  ....        Resolve       22 

appropriation  .           .           •        .  ;  .        •           •           •     .      • 
TuUy,  flood  control  project  on,  acquisition  of  land  by  United 
States  for  certain,  consent  to,  granting  of        .           .          . 
Ware,  diversion  of  flood  waters  of,  relative  to         .           .           . 
system  of  sanitary  sewers  in  town  of  Rutland,  construction, 
etc.,  to  divert  sewage  from  watershed  of          .           .           . 
Westfield,   flood   control   project  on,   acquisition   of  land   by 
United  States  for  certain,  consent  to,  granting  of     . 
flood  protection  works  along,  construction  by  city  of  West- 
field 

Springfield,  city  of,  supplementing  of  sewerage  system  of,  as 

aff'ecting      .........       52 

See  also  Fish  and  fisheries;  Game  and  inland  fisheries. 
WATER   SUPPLY: 

Bedford,  town  of  Billerica  authorized  to  furnish  water  to  certain 

inhabitants  of 185  1,  2 

Billerica,  authorized  to  furnish  certain  inhabitants  of  town  of 

Bedford  with  water      .......      185  1,  2 

Bourne  Water  District,  additional  water  loan  ....      192  1,  2 

description  of  the  territory  of,  changed  .  .  .  .35 

Bridgewater,   furnishing  water  to  certain  inhabitants  of,  from 

water  supply  system  of  state  farm  .  .  .  .     293 

Cambridge,  real  estate  acquired  by,  in  connection  with  its  water 

supply,  sale  of  certain  .  .  .  .  .  .120  1,2 


495 

284 
483 
513 

36c 

1-3 

7 

287 
284 
483 

1-3 
1-3 

278 

1-3 

52 

1.9 

Index. 


1093 


WATER    SUPPLY  —  Concluded. 

Cherry  Valley  and  Rochdale  Water  District,  boundaries  of, 
changed,  and  certain  other  changes  made  in  the  laws 
relative  to  ........ 

Danvers  state  hospital,  acquisition  of  certain  water  sources  for, 
or  purchase  of  water  from  certain  sources 

Dedham  Water  Company,  taking  by  town  of  Westwood  of  cer- 
tain properties  of,  alternative  method  for 

Fairhaven,  Sconticut  Neck  section  of,  furnishing  water  to,  by 
said  town   ......... 

Granville,  lands  in,  held  for  water  supply  or  watershed  purposes, 
payments  in  lieu  of  taxes,  providing  for,  investigation 
relative  to  ......        Resolve 

Lenox,  authorized  to  borrow  money  in  connection  with  the  fur- 
nishing by  city  of  Pittsfield  of  water  to  a  certain  part  of 
said  town    ......... 

Lunenburg  Water  District  of  Lunenburg,  establishment,  etc. 

Lynnfield  Center  Water  District,  establishment,  etc. 

North  Sagamore  Water  District,  establishment,  etc. 

Shirley  Village  Water  District,  extensions  of  boundaries  of,  pro- 
viding for  ......... 

Southborough,  taking  of  water  by,  from  pressure  aqueduct  and 
tunnel  of  metropolitan  water  system       .... 

South  Dighton  Fire  and  Water  District,  territory  of,  further  ex- 
tended, and  powers  and  duties  of  said  district  further 
defined        ......... 

Swansea  Fire  and  Water  District,  revived  for  certain  purposes 

Tolland,  lands  in,  held  for  water  supply  or  watershed  purposes, 
payments  in  lieu  of  taxes,  providing  for,  investigation 
relative  to  ^  .  .  .  .  .  .        Resolve 

West  Boylston  Water  District  of  West  Boylston,  time  for  ac- 
ceptance of  act  establishing,  extended    .... 

Westwood,   Dedham  Water  Company,  taking  of  certain  prop- 
erties of,  by,  alternative  method  for        .... 
Watertown,  town  of  (see  Cities  and  towns). 

Ways,  in  general,  defects  in,  insufficient  notices  of  injuries  resulting 
from,  correction  of        ......  . 

public,  defects  in,  insufficient  notices  of  injuries  resulting  from, 
correction  of         .......  . 

Duxbury,  Gurnet  bridge  in,  made  a  town  way 
highways,  flood  control  projects,  federal,  within  areas  of,  con- 
struction of   highways   to  replace,  department  of  public 
works  authorized  to  co-operate  with  United  States  in 
local  highway  projects,  cities  and  towns  authorized  to  expend 
certain  funds  received  in  1938  from  Highway  Fund  for 
payment  by  commonwealth  to  cities  and  towns  of  portion 
of  Highway  Fund  to  be  expended  for 

intelligence,  transmis.sion  by  electricity,  companies  incorpo- 
rated for,  locations  upon,  along,  etc.,  for  certain  foreign 
corporations     ........ 

property  and  locations  upon,  along,  etc.,  sale  and  transfer 
of,   to  domestic  or  foreign  corporations  organized  for 
the  same  purpose      ....... 

small  towns,  in,   other  than  state  highways,   expenditure  of 
state  funds  for  repair  and  improvement  of,  certain  restric- 
tion upon,  removed      ....... 

state  highways,  damaged  by  hurricane  and  floods  in  Septem- 
ber, 1938,  reconstruction  and  repair  of  certain,  reappro- 
priation  of  certain  funds  for  ..... 

traffic  signs,  fights,  signals,  etc.,  on,  maficious  destruction,  etc., 
of,  penalty  ........ 

See  also  Boulevards  and  parkways;    Motor  vehicles. 
Ways  and  means  committee  (see  General  court). 
Weapons,  penal  institutions  commissioner  of  the  city  of  Boston  and 
his  deputy,  and  certain  officers  in  penal  and  reformatory 
institutions,  carrying  by,  of  certain,  authorized 
See  also  Firearms. 
Welfare,  public  (.see  Public  welfare). 

department  of  (.see  Public  welfare,  department  of), 
local  boards  of  (see  Public  welfare,  local  boards  of). 
Welfare   Reimbursement  Fund,   establishment,  payments  into, 
use,  etc.      ......... 

Wellesley,  town  of  (see  Cities  and  towns). 


Chap. 

Item  or 
Section. 

71 

1-4 

357 

1-4 

291 

1-3 

350 

1-12 

75 

1.2 

17 

1-14 

336 

1-14 

290 

1-14 

265 


1-3 


410 
362 

1-7 
1,2 

44 

55 

291 

1-3 

147 
379 

1-3 

483 

1-3 

2 
232 
469 
504 

1.2 

161 

162 

224 

518 

Page  794 

451 

65 

454 
518 


19-21 
Page  792 


1094  Index. 

Item  or 
Chap.  Section. 

Wellington  bridge,  appropriations 309  658,  684 

Westborough  state  hospital,  appropriations        .  .  .         .  |  ^^2  ^^^ 

commitments  to,  homoeopathic  treatment,  for,  provision  for,  re- 
pealed          500  4 

superintendent  and  assistant  physicians  at,  certain  requirement 

as  to,  repealed     ........     500  2,  3 

West  Boylston,  town  of  (see  Cities  and  towns). 

Water  District  of  West  Boylston,  time  for  acceptance  of  act  es- 
tablishing, extended     .......       55 

Westfield,  city  of  (see  Cities  and  towns). 

river,  flood  control  project  on,  acquisition  of  land  by  United  1284 

States  for  certain,  consent  to,  granting  of        .  .  .  \  483  1-3 

flood  protection  works  along,  construction  by  city  of  Westfield     278  1-3 

Springfield,  city  of,  supplementing  of  sewerage  system  of,  as 

affecting     .........       52  1,9 

state  sanatorium,  appropriation       ......     309  571 

state  teachers  college,  appropriations        .  .  .  .  .  j  ^^^  ^^^'  ^^^ 

West  Springfield,  town  of  (see  Cities  and  towns). 

West  Tisbury,  town  of  (see  Cities  and  towns). 

Westwood,  town  of  (see  Cities  and  towns). 

Wharves,  piers  and  docks,  army  base  terminal  in  Boston  harbor, 

improvement  of  approaches,  to      .  .  .        Resolve       13 

appropriation  ........     309  633a 

state  pier  in  city  of  New  Bedford,  operation  and  maintenance  of,  f  309  620 

appropriations     ........  \  495  620 

repairs  and  other  improvements  at,  making  of  certain    .  .      164  1,  2 

White,  Catherine,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of    .        Resolve       33 
White  pine  blister  rust,  suppression  of,  appropriation  .     309  262 

Whiting,  George  H.,  payment  by  commonwealth  of  sum  of  money 
to  heirs  of,  as  compensation  for  certain  land  taken  for  high- 
way purposes       ......       Resolve       58 

Wife,  non-support  of,  law  relative  to,  clarified         ....     177  1,  2 

See  also  Married  women. 
Wilbraham,  town  of  (see  Cities  and  towns). 
Wild  birds  (see  Game  and  inland  fisheries). 

Wildlife  research  and  management,  division  of  (see  Conserva- 
tion, department  of). 
Wildwood  cemetery,  leasing  of  portions  of,  by  city  of  Gardner  for 

log  storage  purposes     .  .  .  .  .  .  .118  1,  2 

Winchester,  town  of  (see  Cities  and  towns). 

Wines  (see  Alcoholic  beverages). 

Winter  sports,  recreational  area  for,  establishment  of,  in  city  of 

Medford,  investigation  as  to           .          .          .        Resolve       27 
Winthrop,  shore,  protection  at,  cost  of  certain  repairs  for,  appropria- 
tion        495  654b 

town  of  (see  Cities  and  towns). 
Witnesses,  cigarette  tax,  enforcement  of,  hearings  in  connection  with, 

at  .  .  ■.•..•  .  •  :  ■  .454  12 
civil  service,  investigations  and  inquiries  relative  to,  in  .  .  420  1 
general  court,  before,  fees,  appropriation  ....  309  35 
Massachusetts  aeronautics  commission,  before  .  .  .  393  3,  Subs.  41, 42 
old  age  assistance  law,  so  called,  hearings  on  appeals  under,  at  .  481 
unemployment  compensation  law,  claims  under,  etc.,  with  re- 
spect to 20        3,  Subs.  31 

Woburn,  city  of  (see  Cities  and  towns). 

Woman's  Board  of  Missions,  The  Springfield  Branch  of  the  (see 

Springfield  Branch  of  the  Woman's  Board  of  Missions,  The) . 

Women,  forty-eight  hour  law,  so  called,  relative  to  employment  of, 

scope  broadened  .......     377 

hospitals,  nursing  or  convalescent  homes,  etc.,  hours  of  labor  of, 

in,  investigation  relative  to,  continued  .  .        Resolve       31 

hours  for  meals  for,  in  factories,  workshops  and  mechanical  and 

mercantile  establishments     ......     280 

married,  personal  injuries,  actions  to  recover  for,  by,  recovery 

of  certain  medical  expenses  in,  by  husbands  thereof  .     372  1,  2 

pregnant,  filing  of  certain  certificate  relative  to,  with  notice  of 

intention  of  marriage,  proceedings  in  cases  of  .  .     269  1-3    . 

serological  test  of,  for  syphilis,  required         ....     407 

reformatory  for  (see  Reformatory  for  women). 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of,  in 

textile  industry,  suspension  until  April  1,  1941         •  .       96 


Index. 


1095 


Chap. 


Section. 


Worcester,  city  of  (see  Cities  and  towns). 

.  .    1,       V  I  •  +•  /309  491^91b 

state  hospital,  appropnations  .  .  .  .  .  .  <  ggy  2 

I  309  399 

state  teachers  college,  appropriations        .  .  .  .  ■  <  ^g^  ggg 

WORCESTER  COUNTY: 

appropriations  for  maintenance  of,  etc.     .  .      _    .  .  •     452  1 

representatives  in  general  court,  number  apportioned  to,  arid 
board  of  special  commissioners  established  to  divide  said 
county  into  representative  districts  and  to  assign  repre- 
sentatives thereto         .......     467  1-4 

tax  levy 452  1 

tuberculosis  hospital,  assessment  for  maintenance  of,  town  of 
Millville  exempted  from,  and  residents  of  said  town  en- 
titled to  care  and  treatment  at  said  hospital     .    _      .  .     514  4 
Wachusett  Mountain  state  reservation,  care  and  maintenance 
of,  certain  powers  granted  to  county  commissioners  in  con- 
nection with         .          .          .          .          .          -          .          .     242                     1,  2 

water  rights  in  Lake  Quinsigamond  and  certain  ponds  in,  present 

status  and  use  of,  determination  of     .  .        Resolve       40 

appropriation       ........     495  36h 

WORDS   AND   PHRASES: 

bacteriological  laboratories      .......     344 

biennium,  state  fiscal  requirements,  as  to  .  .  .  .     502  1 

Boston  airport,  height  of  buildings  within  certain  distance  thereof, 

in  connection  with        .  .  .    _      .  .  .        _  .     412  1 

boulevards,  apportionment  of  costs  of  maintenance  thereof,  in 

connection  with  .  .  .  .  .  ...     429  1,  2,  4 

co-operative  courses,  employment  of  children  under  sixteen,  in 

connection  with  .  .  .  .  .  .  .  .     461  4 

cost  to  the  retailer,  unfair  sales  act,  as  to  .  .  .  .     189  1 

cost  to  the  wholesaler,  unfair  sales  act,  as  to    .  .  .  .     189  1 

dependent  child,  law  providing  aid  to  dependent  children,  under     487 
employment  permit,  employment  of  children  under  sixteen,  in 

connection  with  ........     461  3,  4A 

funeral  directing   .........     160  1 

heavy  duty  platform  trailer    .......     354  1 

insurance  adviser  ........     395  1 

militia  laws,  under 425  1,  Subs.  1 

milk  beverages      .........     317 

motor  fuel,  motor  fuel  sales  act,  under     .....     459    l.Subs.  295A 

retailer,  further  defined,  unfair  sales  act,  as  to  .  .  .189  2 

special  or  charter  service,  buses,  in  connection  with  .  .     404  1,  2 

state  forester 491  12 

trailer 354  2 

wholesaler,  further  defined,  unfair  sales  act,  as  to      .  .  .     189  2 

Work  (see  Labor). 
WORKMEN'S   COMPENSATION: 

burial  expenses,  payment  of,  not  to  be  deducted  from  compen- 
sation due  dependents  in  fatal  injury  cases      .  .  .81 
city  and  town  employees  engaged  in  work  being  done  under  con- 
tract with  state  department  of  public  works,  inclusion  of 
certain,  within  pro\'isions  for          .           .           .           .           .     468 

commonwealth,  employees  of,   continuance  during  total  inca- 
pacity of  full  maintenance  to  certain  employees  of  insti- 
tutions, authorized  .  .  .  .  .  .     435 

payment  of  wages  or  salaries  to,  in  certain  cases  where 

compensation  for  total  incapacity  is  payable,  prohibited     435 
costs  in  certain  proceedings  in  superior  court,  awarding  of  certain     213  1,  2 

county  employees,  payment  of  wages  or  salaries  to,  in  certain 
cases  where  compensation  for  total  incapacity  is  payable, 
prohibited  .  .  .  .  .  .  .  .     435 

districts,  employees  of,  payment  of  wages  or  salaries  to,  in  cer- 
tain  ca.ses  where  compensation  for  total  incapacity  is 
payable,  prohibited       .  .  .  .  .  .  .     435 

employers,  report  by,  as  to  injuries  to  their  employees,  depart- 
ment of  industrial  accidents  empowered  to  compel   .  .     245 
granite  industry,  employees  in,  contracting  silicosis  and  other 

pulmonary  dust  diseases,  extension  to,  of  benefits  of  465  1-4 

independent  contractors  or  subcontractors,  uninsured,  made 
liable  to  the  insurer  where  such  insurer  is  obligated  to 
make  payment  to  an  employee  of  such  uninsured  inde- 
pendent contractors  or  subcontractors   ....       93 


1096  Index. 


Item  or 
Chap.  Section. 


401 


WORKMEN'S    COMPENSATION  —  ConcZt/ded. 

injuries  to  employees,  reports  as  to,  department  of  industrial 

accidents  empowered  to  compel  employers  to  make 
insurers,  equitable  distribution  of  rejected  risks  among,  and  pool- 
ing of  losses  in  connection  with  such  risks,  provision  for 
uninsured   independent   contractors   or   subcontractors  made 
liable  to,  where  such  insurer  is  obligated  to  make  payment 
to  an  employee  of  such  uninsured  independent  contractor 
or  subcontractor  .  .  .  .  .     _      . 

municipal  employees,  payment  of  wages  or  salaries  to,  in  certain 
cases  where  compensation  for  total  incapacity  is  payable, 
prohibited  .  .  .  .  . 

rejected  risks  among  insurers  of  (see,  supra,  insurers), 
reports,  injuries  to  employees,  of,  department  of  industrial  acci- 
dents empowered  to  compel  employers  to  make 
rights,  certain,  of  injured  employees  who  have  elected  to  receive 
compensation  in  cases  where  there  is  a  legal  liability  in 
some  person  other  than  the  insured  to  pay  damages,  and 
relative  to  settlements  by  agreement  in  cases  against  such 
persons        .  ...  .  .  .  . 

silicosis,  etc.,  employees  in  granite  industry  contracting,  exten- 
sion to,  of  benefits  of   .  .  .  .  .  .  .     465  1-4 

superior  court,  certain  proceedings  in,  awarding  of  costs  in         .     213  1,  2 

[255 

Workshops,  employment  and  hours  of  labor  of  certain  minors  in,  I  348 

further  regulated  .  .  .  .  .  .  .  )  352 

[461  5,6,9 

hours  for  meals  for  women  and  children  in,  relative  to        .  .     280 

hours  of  rest  for  employees  in  .....  .     235  1 

Works   Progress  Administration,   Federal   (see   Federal  works 

progress  administration). 
Works   Projects   Administration,    Federal    (see   Federal   works 

projects  administration). 
World  war,  children  of  Massachusetts  men  who  died  in  military  or)  ^qq  355 

naval  service  during,  providing  higher  educational  oppor-  \  ^g^  355 

tunities  for,  appropriations   .  .  .  .  .  .J 

investigation  relative  to  .  .  .  .  .        Resolve       38 

payments,  certain,  to  soldiers  in  recognition  of  service  during, 

appropriation       ........     309  218 

testimonials  to  soldiers  and  sailors  of,  appropriation  .  .     309  134 

veterans  of,  bonus  to  (see  Soldiers'  bonus). 
See  also  Soldiers,  sailors  and  marines;   Veterans. 
Wrecks,  East  Boston  waterfront,  lying  along,  removal  of  .  .     476  1 

appropriation  ........     518  633b 

Wrentham,  Cemetery  Corporation,  town  of  Wrentham  authorized 

to  receive  and  administer  the  property  of        .  .  .25  1-4 

,  ,       ,      ,  .  ^.  /309  495,495a 

state  school,  appropriations    .  .  .  .  .  .  ■  <  ^gj  2 

custody  of  persons  committed  to,  relative  to  .  .  .     500  6 

town  of  (see  Cities  and  towns). 
Writs,  certiorari,  of  (see  Certiorari). 

habeas  corpus,  of  (see  Habeas  corpus), 
mandamus,  of  (see  Mandamus). 

Y. 

Yankee   Division  Veterans'  Association,   firearms,   drilling  and  f  144                        1 

parading  with,  by,  authorized 1425         1,  Subs.  49 

insignia  of,  unauthorized  use  of,  penalized         .           .           .           .  144                          2 

national  convention  of,  in  1940,  in  city  of  Boston,  representation 

of  commonwealth  at           ...          .        Resolve  45 

appropriation       .                     .           •           •           •           •           •  495                    161b 

Young  age  assistance,  bureau  of,  establishment  of,  in  department 

of  education,  study  relative  to       .          .          .        Resolve  38 

appropriation           ........  495                      36d 

Youth,  educational  and  employment  problems  affecting,  study  rela- 
tive to Resolve  38 

appropriation           ........  495                      36d 

Youth    administration    commission,    state,    establishment   of, 

study  relative  to Resolve  38 

appropriation           ........  495                      36d