(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

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 Gener