(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"




j9jaiNjgn*SfilB| 



HHMSBtfiWBHnfm 




*til>^-»>>JI***'*t*-*H 



ROOM 443 




ACTS 



RESOLVES 



PASSED Br THE 



dcncral d^tturt nf plassathttsetts 



IN THE YEAR 



1941 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




BOSTON 

WRIGHT & POTTER PRINTING COMPANY 

1941 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 
1941 



The General Court, which was chosen November 5, 1940, 
assembled on Wednesday, the first day of January, 1941, 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 second day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act establishing the membership of the municipal Chap. 

COUNCIL OF the CITY OF ATTLEBORO AND VALIDATING IN 
CERTAIN RESPECTS THE BIENNIAL MUNICIPAL ELECTION OF 
SAID CITY HELD IN NINETEEN HUNDRED AND FORTY AND 
CERTAIN OTHER ACTS AND PROCEEDINGS. 

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. Section ten of chapter six hundred and eighty 
of the acts of nineteen hundred and fourteen is hereby- 
amended by striking out, in the fourth Hne, the word "six" 
and inserting in place thereof the words : — the remaining, 
— so as to read as follows: — Section 10. The municipal 
council shall consist of eleven members, who shall be elected 
as follows : — One member from each ward, to be elected by 
and from the qualified voters of that ward, and the remain- 
ing members at large, to be elected by and from the qualified 
voters of the entire city, all of whom shall be elected in ac- 
cordance with section six of this act. A majority of the 
council shall constitute a quorum for the transaction of busi- 
ness, but a smaller number may adjourn from day to day. 

Section 2. The election of all persons appearing by the 
records of the municipal council of the city of Attleboro to 
have been elected at the biennial municipal election of said 
city held on Tuesday the third day of December, nineteen 
hundred and forty, and every act and proceeding of said 
city and of its boards and officers and of other persons, are 
hereby made legal and valid to the same extent as if section 
ten of said chapter six hundred and eighty, as amended by 
section one of this act, had been in effect at the time of 
said election, act or proceeding. 

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

Approved January 2, 19Jf.l. 



An Act making an appropriation to provide uniforms 

AND equipment FOR THE STATE GUARD, SO-CALLED. 

Be it enacted, etc., as follows: 

Section 1. The sum of two hundred sixty-three thou- 
sand eight hundred and twenty-six dollars, to provide uni- 
forms and equipment for the state guard, so-called, is hereby 
appropriated from the general fund or revenue of the com- 
monwealth, in advance of final action on the general appro- 
priation bill, pursuant to a recommendation of the governor 



Chap. 



Acts, 1941. — Chaps. 3, 4, 5. 

to that effect in his inaugural address; provided, that no 
payment shall be made from this appropriation for uniforms 
or equipment made by prison labor. 

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

Approved January 10, 1941. 



Chap. 3 An Act authorizing the town of new salem to use the 

MONEY received FROM THE SALE OF CERTAIN REAL ES- 
TATE TO THE COMMONWEALTH FOR THE PURPOSES OF THE 
METROPOLITAN WATER DISTRICT, FOR PURCHASING AND IN- 
STALLING HEATING AND VENTILATING EQUIPMENT IN THE 
TOWN HALL. 

Be it enacted, etc., as follows: 

Section 1. The town of New Salem is hereby author- 
ized to use the balance of the money received from the sale 
of certain real estate to the commonwealth for the purposes 
of the metropolitan water district, for the purpose of acquir- 
ing and installing heating and ventilating equipment in the 
town hall building, notwithstanding the provisions of sec- 
tion sixty-three of chapter forty-four of the General Laws. 

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

Approved January I4, 1941. 

Chap. 4 An Act enabling the town of buckland to contribute 

TOWARD THE COST OF MAINTAINING COWELL GYMNASIUM, 
SITUATED IN THE TOWN OF SHELBURNE. 

Be it enacted, etc., as follows: 

Section 1. The town of Buckland may annually appro- 
priate money for the purpose of contributing toward the cost 
of maintaining the Cowell Gjnmnasium, situated in and 
maintained by the town of Shelburne; provided, that the 
inhabitants of Buckland be allowed the same privileges 
with respect to said gymnasium as the inhabitants of Shel- 
burne. 

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

Approved January I4, 1941. 

Chap. 5 An Act placing under the jurisdiction and control of 
the special military reservation commission a por- 
tion of the shawme state forest, also known as the 
shawme-crowell state forest. 

Be it enacted, etc., as follows: 

Section 1. That portion of the Shawme state forest, also 
known as the Shawme-Crowell state forest, which lies south- 
west of a line beginning at a point on the southerly side 
of the state highway known as Sandwich road in the town 
of Bourne, now or formerly marked by a drill hole, thence 
running southeasterly one thousand eighty-eight and sev- 



Acts, 1941. — Chap. 6. 

enty-eight hundredths feet to a cement bound, thence turn- 
ing an angle and running southeasterly to tJnited States 
Government triangulation point known as Flat Rock, thence 
turning an angle and running southeasterly to a point on 
the easterly side of the state highway in the town of Sand- 
wich known as Route 130, at the southeasterly corner of 
land formerl}^ of the Coonamessett Ranch Co., — is hereby 
placed under the jurisdiction and control of the special mili- 
ta,ry reservation commission, established by section one of 
chapter one hundred and ninety-six of the acts of nineteen 
hundred and thirty-five and shall be administered as mili- 
tar>^ property of the commonwealth. 

Section 2. Such part or parts of that portion of said 
state forest which is transferred under section one as said 
special militarj'- reserv^ation commission may, from time to 
time, certify in a writing or writings filed in the office of 
the state secretary as not being needed for national defense 
purposes or for any military purpose that will interfere with 
the development thereof as a state forest shaU, for the period . 
specified in the appropriate writing, be returned to the ju- 
risdiction and control of the department of conservation, and 
during any such period said department shall be authorized 
to maintain and improve any part of said forest so returned 
under all the provisions of law applicable to state forests. 

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

Approved January I4, 194i. 



An Act authorizing the town of watertown to vote 
TO revoke its acceptance of certain provisions of 

LAW applicable TO TENEMENT HOUSES IN TOWNS. 

Be it enacted, etc., as follows: 

Section 1. There shall be submitted at the next annual 
to'wn election in the town of Watertown the following ques- 
tion which shall be printed upon the official ballot used for 
the election of town officers in the following form: "Shall 
the town of Watertown revoke its acceptance of chapter six 
hundred and thirty-five of the acts of nineteen hundred and 
twelve, being an act relative to tenement houses in towns?" 
If a majority of the voters voting thereon vote in the affirma- 
tive, in answer to said question, then the provisions of chap- 
ter one hundred and forty-five of the General Laws shall not 
apply in said town. Nothing herein contained shall prevent 
said town from hereafter accepting the provisions of said 
chapter one hundred and forty-five. 

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

Approved February 4, 1941. 



Chap. 



Acts, 1941. — Chaps. 7, 8. 



Chap. 7 An Act relative to the establishment of an airport 

IN THE TOWN OF WEYMOUTH IN FURTHERANCE OF NA- 
TIONAL DEFENSE. 

Be it enacted, etc., as follows: 

Section 1. In furtherance of national defense, the town 
of Weymouth, acting by its board of selectmen, is hereby 
authorized to take by eminent domain under chapter sev- 
enty-nine of the General Laws, or to acquire by purchase 
or otherwise, for airport purposes, such property in said 
town within the limits of the area hereinafter described, as 
may be necessary, and subsequently to lease or convey such 
land, by an instrument in form approved by the attorney 
general, either for actual or nominal consideration, to the 
United States of America for said purposes, or for any other 
purpose of national defense. The area within which prop- 
erty may be acquired under this section is bounded and 
described as follows : — 

Beginning at a point on Union street at the town bound- 
ary line of the towns of Weymouth and Rockland; thence 
extending along Union street in a northwesterly direction 
to the intersection of said street and Central street; thence 
along Central street in a northwesterly direction to its in- 
tersection with Pleasant street; thence southwesterly along 
Pleasant street to its intersection with Main street; thence 
southerly along Main street to the point where the location 
of the New York, New Haven and Hartford Railroad inter- 
sects said Main street; thence southerly along the location 
of said railroad to a point in the boundary line of the towns 
of Weymouth and Abington ; thence northeasterly along the 
town line of said town of Weymouth to Union street; thence 
along said Union street to the point of beginning. 

Section 2. In the event that said United States shall 
acquire by condemnation proceedings, or acquire by pur- 
chase or otherwise, land in said town for airport purposes, 
said town may appropriate money to reimburse said United 
States for the amount spent by it for said land. 

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

Approved February 11, 1941- 



Chav. 8 An Act authorizing the town of natick to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for, and 
building an addition to and making alterations in, the high 
school building, and of equipping and furnishing said build- 
ing, the town of Natick may borrow, from time to time 
within a period of five years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, one hundred and ten thousand dollars, and may issue 



Chap. 



Acts, 1941. — Chaps. 9, 10. 

bonds or notes therefor, which shall bear on their face the 
words, Natick School Loan, Act of 1941. Each authorized 
issue shall constitute a separate loan, and such loans shall 
be paid in not more than ten years from their dates. In- 
debtedness incurred under this act shall be within the statu- 
tory limit and be subject to the provisions of chapter forty- 
four of the General Laws, including the limitation contained 
in the first paragraph of section seven thereof. 

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

Approved February 11, 1941. 

An Act authorizing the town of chilmark to contrib- 
ute TO the cost of certain improvements in menem- 

SHA CREEK IN THE TOWNS OF CHILMARK AND GAY HEAD. 

Be it enacted, etc., as follows: 

Section 1. The town of Chilmark is hereby authorized 
to appropriate and expend a sum not exceeding five thou- 
sand dollars for the purpose of contributing, under the pro- 
visions of chapter seventy of the resolves of nineteen hun- 
dred and thirty-nine, to the cost of certain improvements 
in Menemsha creek in the towns of Chilmark and Gay Head, 
referred to in said chapter. 

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

Approved February 12, 1941. 

An Act relative to the membership of boards of park Phnj) in 

COMMISSIONERS IN TOWNS. ^ 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter forty-five of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is ^mende^d ^ ^' 
hereby amended by inserting after the word "three" in the 
second line the words : — or five, — so as to read as follows : — 
Section 2. A town may elect a board of park commissioners, Park commis- 
consisting of three or five persons, and prescribe their terms tionfappllnt- 
of office, or the members of a town planning board may if ^^"^^ ^^^ 
so authorized by vote of the town act as park commissioners '^®'"°^* ' 
therein. In a town which has not elected a board of park 
commissioners or has not authorized the town planning 
board so to act, the selectmen shall act as such board of 
park commissioners. The mayor of a city may, with the 
approval of the city council, appoint a board of park com- 
missioners for said city, consisting of five persons, who shall 
hold office for terms of one, two, three, four and five years 
respectively from the first Monday in May next following 
such appointment, or until their successors are qualified; 
and thereafter the mayor shall annually, before the first 
Monday in May, with fike approval appoint one such com- 
missioner for a term of five years from said first Monday in * 
May. No member of the city council, clerk or treasurer of 
such city or town shall be such commissioner. In cities a 



8 Acts, 1941. — Chaps. 11, 12, 13. 

vacancy in such board shall be filled in like manner for the 
residue of the unexpired term. A commissioner may be re- 
moved by a vote of two thirds of the voters of a town, or 
by a vote of two thirds of all the members of a city council. 
Such commissioners shall serve without compensation. 
Effective SECTION 2. This act shall take effect upon its passage. 

Approved February 13, 194.1. 

Chap. 11 An Act authorizing the town of gay head to con- 
tribute TO THE COST OF CERTAIN IMPROVEMENTS IN 
MENEMSHA CREEK IN THE TOWNS OF CHILMARK AND 
GAY HEAD. 

Be it enacted, etc., as follows: 

Section 1. The town of Gay Head is hereby authorized 
to appropriate and expend a sum not exceeding five hundred 
dollars for the purpose of contributing, under the provisions 
of chapter seventy of the resolves of nineteen hundred and 
thirty-nine, to the cost of certain improvements in Menem- 
sha creek in the towns of Chilmark and Gay Head, referred 
to in said chapter. 

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

Approved February IS, 1941. 

Chap. 12 An Act authorizing the temporary extension of three 

PIERS FROM THE BOSTON NAVY YARD INTO BOSTON HARBOR 
BEYOND THE ESTABLISHED LINE OF JURISDICTION. 

Be it enacted, etc., as follows: 

Section 1. The United States of America is hereby 
authorized to extend three piers from the Boston Navy 
Yard into Boston harbor beyond the line of jurisdiction 
established by chapter four hundred and ninety of the acts 
of nineteen hundred and thirty-eight; provided, that each 
such extension shall be built of piling and shall not extend 
more than two hundred and fifty feet beyond said line of 
jurisdiction, and shall not be more than one hundred feet 
wide, and that said extensions shall not be maintained after 
April fifteenth, nineteen hundred and forty-five. 

Section 2. Upon the completion of the extensions 
hereby authorized, the United States of America shall file 
with the department of public works plans sufficient to 
show the location and the construction of said extensions. 

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

Approved February 13, 1941- 

Chap. 13 An Act establishing a tow^n manager form of govern- 
ment FOR THE TOWN OF CANTON. 

Be it enacted, etc., as follows: 

Section 1. The annual town meeting of the town of 
Canton shall be held on the fourth Monday of February or 



Acts, 1941. — Chap. 13. 

the day following in the event that said MtDnday is a legal 
holiday. All matters to be considered at the annual town 
meeting, other than the election of town officers and any 
questions required by law to be placed upon the official bal- 
lot, shall be considered at an adjournment of such meeting 
to be held on the first Monday in March at half past seven 
o'clock in the evening. 

Section 2. At the first annual town meeting following 
the acceptance of this act, the qualified voters of the town 
shall elect by official ballot from the inhabitants of the town 
a moderator to preside at said meeting and at all town meet- 
ings until the final adjournment of the next following annual 
town meeting and until the qualification of his successor. 
At the second annual town meeting following the accept- 
ance of this act, and at each annual town meeting thereafter, 
the qualified voters of the town shall elect by official ballot 
from the inhabitants of the town a moderator to preside at 
all town meetings held after the final adjournment of the 
annual town meeting at which he was elected and until the 
final adjournment of the next annual town meeting and 
until the qualification of his successor. If a moderator so 
elected is unable by reason of absence or disability to per- 
form the duties of his office, a temporary moderator may be 
elected, 

SELECTMEN. 

Section 3. At the first annual town meeting following 
the acceptance of this act, the quafified voters of the town 
shall elect by official ballot five selectmen who shall hold 
office, two for the term of three years, two for the term of 
two years, and one for the term of one year, from the annual 
town meeting at which they are elected. At each annual 
town meeting thereafter there shall be elected in the place 
of each selectman whose term is about to expire a selectman, 
to serve for the term of three years. The selectmen elected 
hereunder shall serve until the qualification of their respec- 
tive successors. If, unless as the result of a recall election, 
a vacancy or vacancies occur in the membership of the se- 
lectmen so elected, the remaining members shall call a spe- 
cial town meeting to fill the vacancy or vacancies for the 
balance of the unexpired term or terms, except that if a 
vacancy or vacancies occur less than three months prior to 
the date of the annual town meeting and not less than three 
selectmen so elected remain in office, the vacancy or va- 
cancies shall remain unfilled until such annual town meeting. 
A vacancy resulting from a recall election shall be filled as 
hereafter provided in this act. No selectman so elected 
shall, during the term for which he is elected, be eligible, 
either by election or appointment, to any other town office 
of the town. 

Section 4. Upon the qualification of a majority of the 
selectmen first elected as provided in section three, all the 
powers, rights, duties and liabiUties conferred or imposed by 



10 Acts, 1941. — Chap. 13. 

law, whether now existing or hereafter enacted, upon the 
offices of surveyor or surveyors of highways, water com- 
missioners, sewer commission, board of pubhc welfare and 
board of health (including, as to the last mentioned board, 
the handling of garbage and the supervision of town dumps) 
of said town shall be transferred to and conferred and im- 
posed upon the selectmen, and the said offices shall be abol- 
ished. Such transfer of rights, powers, duties and liabilities 
shall not affect any liability incurred, contract made, fine, 
special assessment, rate, penalty, forfeiture or tax imposed 
before such transfer and abolition, nor any suit or other pro- 
ceeding then pending; and the selectmen elected as pro- 
vided in said section three shall in all respects and for all 
purposes whatsoever be the lawful successors of said officers. 
The selectmen so elected shall appoint a town clerk (who 
shall also act as town accountant), a planning board,- library 
trustees, assessors of taxes, a tax collector, a treasurer, regis- 
trars of voters, fence viewers, field drivers, surveyors of 
lumber, a measurer of wood and bark, an inspector of ani- 
mals and meat, public weighers, a dog officer, a measurer of 
leather, a pound keeper, constables, and such other town 
officers as they deem necessary to perform, or to assist them 
in performing, the powers and duties conferred or imposed 
upon them by law, including the powers and duties of the 
offices hereby abolished. 

SCHOOL COMMITTEE AND LIBRARY TRUSTEES. 

Section 5. At the first annual town meeting following 
the acceptance of this act, the qualified voters of the town 
shall elect by official ballot five members of the school com- 
mittee who shall hold office, two for the term of tliree years, 
two for the term of two years, and one for the term of one 
year, from the annual town meeting at which they are elected. 
At each annual town meeting thereafter there shall be 
elected, in place of each member of the school committee 
whose term is about to expire, a member to serve for the 
term of three years. Each member of the school committee 
so elected shall serve until the qualification of his successor. 
Upon the qualification of a majority of the members of the 
school committee first elected as provided in this section, 
the terms of office of the members of the school committee 
then in office shall cease and determine. 

At the first annual town meeting following the acceptance 
of this act, the qualified voters of the town shall elect by 
official ballot five trustees of the public library who shall 
hold office, two for the term of three years, two for the term 
of two years, and one for the term of one year, from the an- 
nual town meeting at which they are elected. At each an- 
nual town meeting thereafter there shall be elected, in place 
of each trustee of the public library whose term is about to 
expire, a library trustee to serve for the term of three years. 
Each trustee of the pubhc library elected hereunder shall 



Acts, 1941. — Chap. 13. 11 

serve until the qualification of his successor. Upon the 
qualification of a majority of the trustees of the public 
library first elected as provided in this section, the terms of 
office of the trustees of the public library then in office shall 
cease and determine. 



TREASURER AND COLLECTOR. 

Section 6. Commencing with the year next following 
the year in which this act is accepted, the selectmen shall 
annually, prior to the fourth Monday in March, appoint 
from the inhabitants of the town a treasurer and a collector 
of taxes, who shall respectively have all the powers and 
rights and be subject to all the duties and all the liabilities 
now or hereafter conferred or imposed by general law upon 
treasurers and upon collectors of taxes in towns. They shall 
severally be appointed for terms of one year from the first 
day of April following their appointment and shall serve 
until the qualification of their respective successors. Within 
thirty days after a vacancy occurs in either of said offices 
the selectmen shall fill the same by appointment in like 
manner for the remainder of the unexpired term. Upon 
the qualification of the treasurer and the collector of taxes 
first appointed as provided in this section, the term of office 
of the town treasurer and of the collector of taxes of the 
town then in office shall cease and determine. The offices 
of treasurer and of collector of taxes shall not be held by 
the same person at the same time. 

ASSESSORS. 

Section 7. The selectmen elected as provided in section 
three shall, forthwith after the first annual town meeting 
following the acceptance of this act, appoint three inhabit- 
ants of the town as assessors, one to serve for the term of 
one year, one for the term of two years, and one for the 
term of three years, and thereafter, forthwith after each an- 
nual town meeting, shall appoint one assessor to serve for 
the term of three years. Each assessor so appointed shall 
serve until the quaUfication of his successor. The assessors 
shall hold no other elective or appointive office of the town. 
If a vacancy occurs in the office of assessor appointed under 
this act it shall be filled forthwith by the selectmen in like 
manner for the balance of the unexpired term. Upon the 
qualification of a majority of the assessors first appointed 
as provided in this section the terms of office of the asses- 
sors then in office shall cease and determine. Assessors ap- 
pointed hereunder shall have all the powers and rights and 
be subject to all the duties and the liabilities now or here- 
after conferred or imposed by general law upon assessors in 
towns. The selectmen elected as provided in section three 
may also appoint inhabitants of the town to act as assistant 
assessors, who shall have all the powers and rights and be 



12 Acts, 1941. — Chap. 13. 

subject to all the duties and the liabiUties now or hereafter 
conferred or imposed by general law upon assistant asses- 
sors in towns, and who may be removed by said selectmen. 



TOWN CLERK. 

Section 8. The selectmen elected as provided in section 
three shall, forthwith after the first annual town meeting 
following the acceptance of this act, appoint a suitably quali- 
fied inhabitant of the town to the office of town clerk, who 
shall also perform the duties and possess the powers of a 
town accountant, and who shall be sworn to the faithful 
performance of his duties by the chairman of the selectmen 
or by a justice of the peace, and shall hold office during the 
pleasure of the selectmen. In case of a vacancy in said ap- 
pointive office of town clerk, the selectmen shall forthwith 
in like manner appoint a suitably qualified inhabitant of the 
town to fill the same. Upon the qualification of the town 
clerk first appointed as provided in this section, the term of 
office of the town clerk then in office shall cease and deter- 
mine. The town clerk so appointed shall have all the powers 
and rights and be subject to all the duties and liabilities now 
or hereafter conferred or imposed by law upon town clerks 
and upon town accountants. In addition to the duties pre- 
scribed by general law he shall act as clerk of the board of 
selectmen and of the assessors. 



TOWN MANAGER. 

Section 9. The selectmen elected as provided in section 
three shall, as soon as practicable and from time to time 
thereafter, appoint a town manager who shall, except as is 
otherwise herein expressly provided, be the administrative 
head of all departments of the town, the conduct of which 
is by the general law or by this act placed upon the select- 
men. He shall be subject to the direction and supervision, 
and shall hold office at the will, of the selectmen, and shall 
be a person specially fitted by education, training and ex- 
perience to perform the duties of said office. He shall be 
chosen irrespective of his political opinions and may or may 
not be, when appointed, an inhabitant of the town. Dur- 
ing the time that he holds such appointment he shall hold 
no other elective or appointive office of the town, nor shall 
he be engaged in any other business or occupation. He 
shall be responsible for the efficient administration of all 
departments within the scope of his duties. Before entering 
upon the duties of his office he shall be sworn to the faithful 
and impartial performance thereof by the chairman of the 
selectmen, by the town clerk, or by a justice of the peace. 

Section 10. If any person appointed to office by the 
selectmen under authority of any provision of this act, 
because of disability or absence is unable to perform his 
duties, the selectmen may in writing signed by them, which 



Acts/ 1941. — Chap. 13. 13 

shall be filed in the office of the town clerk, appoint a suit- 
ably qualified person to hold such office temporarily and to 
exercise and perform the powers and duties thereof until 
another is duly elected or appointed and has qualified ac- 
cording to law, or until the officer who was disabled or 
absent resumes his duties. If in the case of an office to 
which a temporary appointment is made hereunder a bond 
is required to be filed, such temporary officer shall file such 
bond before assuming the duties of his office. 



POWERS AND DUTIES OF THE TOWN MANAGER. 

Section 11. The powers and duties of the town manager 
shall include the following: 

(a) To organize, continue or discontinue such divisions or 
departments as the selectmen may from time to time deter- 
mine. 

(6) To appoint, upon merit and fitness alone, and except 
as herein otherwise provided to remove, subject to the ap- 
proval of the selectmen, and subject to chapter thirty-one 
of the General Laws in the case of officers and employees 
under the classified civil service, all subordinate officers and 
emploj'^ees under his control and, subject to like approval, 
to fix their compensation. 

(c) To attend all regular meetings of the selectmen, and 
such special meetings of the selectmen as they may require. 

(d) To keep full and complete records of the doings of 
his office, and to render as often as may be required by the 
selectmen a full report thereof; and when required by the 
selectmen to make a synopsis of all reports for publication. 

(e) To keep the selectmen fully advised as to the needs 
of the town within the scope of his duties, and to furnish 
them and the finance committee on or before the first day 
of January in each year a careful, detailed estimate in writ- 
ing of the appropriations required during the ensuing fiscal 
year for the proper conduct of all departments of the town 
under his control. 

(J) To keep in repair all town buildings, except the pub- 
lic library and school buildings; but he shall repair the 
pubUc library or school buildings upon request in writing of 
the trustees of the public library or of the school committee, 
respectively. 

(g) To purchase all supplies for every department of the 
town, except that books and other supplies for the schools 
or the public library shall be purchased only upon requisi- 
tion therefor by the trustees of the public library or by the 
school committee, respectively; but purchases of supplies 
for other departments over which he has no control shall 
be made only upon requisition therefor by them or their 
authorized representatives. 

(h) To perform such other duties, consistent with his 
office, as may be required of him by the by-laws of the town 
or by vote of the selectmen. 



14 Acts, 1941. — Chap. 13. 

(i) To have the control and supervision of the police de- 
partment of the town. i 

(j) To have the control and supervision of the fire de- 
partment of the town. 

(k) To examine or cause to be examined, with or without 
notice, the affairs of any division or department under his 
control, or the conduct of any officer or employee thereof; 
and, for that purpose, he shall have access to all town books 
and papers, for the information necessary for the proper 
performance of his duties. 

(Z) To administer the health regulations of the town as 
established by by-laws, or made by the selectmen, in addi- 
tion to those established by law, either directly or through 
a person appointed by him, to be designated as the health 
officer, and, under the supervision of the selectmen, to exer- 
cise the powers and perform the duties of a board of health. 

(wi) Under the supervision of the selectmen, to exercise 
the powers and to perform the duties of a board of public 
welfare pertaining to all forms of welfare relief, including 
old age assistance and aid to dependent children. He shall 
also, subject to such super\dsion, administer the laws relat- 
ing to military aid and soldiers' relief. 

(n) To appoint a town physician and a town counsel, if, 
in the opinion of the selectmen, these offices are necessary, 
and an inspector of buildings if one is required by the town. 



FINANCE COMMITTEE. 

Section 12. The members of the finance committee of 
the town at the time of the acceptance of this act shall con- 
tinue to serve until the expiration of their respective terms 
of office and shall have and be subject to the rights, powers 
and duties hereafter in this act set forth but their existing 
terms of office shall not be hereby extended. 

The moderator elected as provided in section two shall, 
as the terms of the incumbents hereinbefore referred to 
expire, appoint two members of the finance committee each 
to serve for a term of three years, and the town clerk shall 
serve ex officio as a member and clerk of the committee. 
No member of said committee, other than the town clerk, 
shall hold another elective or appointive office of the town. 

If an appointed member remains absent for more than 
three consecutive meetings, except for illness, his place on 
the finance committee shall thereupon become vacant and 
another person shall be appointed thereto as provided in 
the following paragraph. 

The moderator elected as above provided, upon receiving 
notice of a vacancy in the appointive membership of the 
finance committee, shall appoint a member to serve for the 
balance of the unexpired term. 

A majority of the members of the said committee shall 
constitute a quorum for the transaction of business, but a 
lesser number may adjourn from time to time. 



Acts, 1941. — Chap. 13. 15 

Section 13. The finance committee shall have and exer- 
cise the "ights, powers and duties hereinafter set forth. The 
selectmen elected as provided in section three, after drawing 
any warrant for a town meeting, shall immediately refer 
the articles therein to the finance committee and transmit 
a copy of such articles to each member of said finance com- 
mittee, and said committee shall consider all such articles. 
A public hearing may be held upon all such articles, unless 
a public hearing thereon by some other tribunal is required 
by general law, and a notice of such public hearing shall be 
given by posting a copy of said notice, at least seven days 
before such hearing, in at least six public places in the town. 
After due consideration of the subject matter in such articles, 
said committee shall report thereon, in print or otherwise, 
to the town meeting such recommendations as it deems 
best for the interest of the town. The finance committee 
shall consider the annual estimates of receipts and expendi- 
tures as prepared by the town manager and other town of- 
ficials in charge of departments not under the jurisdiction 
of the manager, and add another column to the prepared 
statements, giving the amounts which in its opinion should 
be appropriated for the ensuing fiscal year, and shall add 
thereto such explanation and suggestions in relation to the 
proposed appropriations as it may deem expedient, and re- 
port thereon. 

Said committee shall make an annual report of its doings, 
with recommendations of its financial matters, which shall 
be printed in the annual town report. 

ESTIMATES AND INFORMATIONS. 

Section 14. The town manager and officers and boards 
of the town not under the jurisdiction of the town manager 
shall annually, not later than January first, submit to the 
finance committee in writing detailed estimates of appropria- 
tions required for the administration of their respective 
boards or offices during the next ensuing fiscal year, and the 
amounts necessary for outlays, and shall at any time, upon 
request in writing of the finance committee, furnish to it 
all information in their possession relative to the adminis- 
tration of their respective boards or offices. The finance 
committee shall, at all reasonable times, upon the request 
of any of such officers or boards, advise with them, and fur- 
nish them with any information in its possession relative to 
the financial affairs of their respective boards or offices. Said 
committee may investigate the methods of procedure and 
the expenses of all departments and make such report thereon 
as it deems necessary or advisable. 

investigations. 

Section 15. At all public hearings held by the finance 
committee it may require the attendance of town officers 



16 ^ Acts, 1941. — Chap. 13. 

and the production of town books, papers, contracts, docu- 
ments and other evidence relating to any matter within the 
scope of such hearing. 

EMPLOYMENT OF EXPERTS, 

Section 16. The finance committee may employ such 
experts, counsel and other assistants, and incur such other 
expenses, as it may deem necessary, and the funds therefor, 
not exceeding, in the aggregate, five hundred dollars in any 
one fiscal year, may be transferred from the reserve fund; 
provided, that a larger amount may be appropriated for 
said purpose for said town. 

THE PLANNING BOARD. 

Section 17. The members of the planning board of the 
town at the time of the acceptance of this act shall continue 
to serve until the expiration of their respective terms of 
office; but upon the expiration of their terms of office their 
respective successors shall be appointed by the selectmen 
elected under section three. The planning board shall keep 
itself informed of the progress of town planning and make 
studies and recommendations for the improvement and de- 
velopment of the town with a view to the present and future 
movement of traffic, the general convenience, health, recrea- 
tion and well being and any needs of the town, and shall 
have and exercise all the powers and duties now or hereafter 
vested in planning boards by general law. 

resignation and removal of town officers. 

Section 18. Any person holding an appointive office 
may resign his office by filing his resignation thereof in the 
office of the town clerk, and such resignation shall be effective 
forthwith, unless a time certain is specified therein when it 
shall take effect; provided, that the selectmen may forth- 
with remove any appointive town officer subject to section 
nineteen whose resignation is made to take effect in the 
future. 

Section 19. The selectmen may remove from office any 
town officer whose appointment by them is specifically au- 
thorized by this act. The reason for such removal shall be 
set forth in detail in the records of the selectmen, and shall 
be forthwith communicated in writing to the officer so 
removed. 

salaries and compensation. 

Section 20. The town clerk, treasurer, collector, asses- 
sors and town manager shall respectively receive such com- 
pensation for their services as the selectmen shall determine, 
but not exceeding the amounts appropriated therefor by the 
town. Members of the board of selectmen, finance com- 
mittee, school committee and library trustees shall receive 
no salary or compensation. 



Acts, 1941. — Chap. 13. 17 



HOLDERS OF AN ELECTIVE OFFICE MAY BE RECALLED, ETC. 

Section 21. Any holder of an elective town office may 
be recalled, and removed therefrom by the qualified voters 
of the town as provided in this act. 

RECALL, PETITION, PREPARATION, FILING. 

Section 22. Any quahfied voter of the town may make 
and file with the town clerk an affidavit containing the name 
of the officer sought to be recalled and a statement of the 
reasons therefor. The town clerk shall thereupon deliver 
to the voter making such affidavit a sufficient number of 
copies of petition blanks demanding such recall, printed 
forms of which he shall keep on hand. The blanks shall be 
issued by the town clerk with his signature and official seal 
attached thereto; they shall be dated and addressed to the 
selectmen, shall contain the name of the person sought to 
be recalled, the grounds of recall as stated in said affidavit, 
and shall demand the election of a successor to such office. 
A copy of the petition shall be entered in a record book to 
be kept in the office of the town clerk. The recall petition 
shall be returned and filed with the town clerk within twenty 
days after the filing of the affidavit. Said petition before 
being returned and filed shall be signed by at least ten per 
cent of the qualified voters of the town, and to every signa- 
ture shall be added the place of residence of the signer, 
giving the street and number. The recall petition shall be 
submitted, at or before five o'clock in the afternoon of the 
Saturday preceding the day on which it must be filed, to the 
registrars of voters in the town, and the registrars shall forth- 
with certify thereon the number of signatures which are 
names of qualified voters of the town and the total number 
of qualified voters of the town. 

Section 23. If the petition shall be found and certified 
by the town clerk to be sufficient, he shall submit the same 
with his certificate to the selectmen without delay and the 
selectmen shall forthwith give written notice to the officer 
sought to be recalled of the receipt of said certificate and 
shall, if said officer does not resign within five days thereafter, 
thereupon order an election to be held on a Tuesday fixed 
by them not less than thirty days after the date of the town 
clerk's certificate that a sufficient petition is filed; provided, 
that if any other town election is to occur within sixty days 
after the date of said certificate, the selectmen may, in their 
discretion, postpone the holding of the recall election to the 
date of such other election. If a vacancy occurs in said 
office after a recall election has been so ordered, the election 
shall nevertheless proceed as in this section provided. 

Section 24. Any officer sought to be recalled may be a 
candidate to succeed himself, and, unless he requests other- 
wise in writing, the town clerk shall place his name on the 
official ballot without nomination. The nomination of other 



18 Acts, 1941. — Chap. 13. 

« 

candidates, the publication of the warrant for the recall 
election, and the conduct of the same shall all be in ac- 
cordance with the provisions of general law relating to 
elections, unless otherwise provided in this act. 

Section 25. The town officer sought to be recalled shall 
continue to perform the duties of his office until the recall 
election. If then re-elected he shall continue in ofiice for 
the balance of his unexpired term, or for his new term, as 
the case may be, but subject to recall as before, except as 
otherwise provided in section twenty-seven. If not re-elected 
at the recall election, his term of office shall cease and deter- 
mine upon the qualification of his successor, who shall hold 
office during the balance of the unexpired term; provided, 
that, if such successor fails to qualify within five days after 
receiving notification of his election, he shall thereupon be 
deemed removed and the office vacant. 

Section 26. Ballots used in a recall election shall sub- 
mit the following propositions in the order indicated: 

For the recall of (name of officer). 
Against the recall of (name of officer). 

Immediately at the right of each proposition there shall 
be a square in which the voter by making a cross mark (X) 
may vote for either of such propositions. Under the propo- 
sition shall appear the word "Candidates" and the direction 
"Vote for One," and beneath this the names of candidates 
nominated as hereinbefore provided. 

Section 27. No recall petition shall be filed against a 
town officer within three months after he takes office, nor, 
in the case of an officer subjected to a recall election and 
not removed thereby, until at least three months after such 
election. 

Section 28. No person who has been recalled from an 
office, or who has resigned from office while recall proceed- 
ings were pending against him, shall be appointed to any 
town office of the town within two years after such removal 
by recall or resignation. 

Section 29. This act shall be submitted to the quaHfied 
voters of the town of Canton at the annual town election 
in said town in the year nineteen hundred and forty-one. 
The vote shall be taken in answer to the following question, 
which shall be printed on the official ballot to be used at 
such election: "Shall an act passed by the general court in 
the year nineteen hundred and forty-one, entitled 'An Act 
EstabHshing a Town Manager Form of Government for the 
Town of Canton', be accepted?" If the act is accepted by 
a majority of the qualified voters voting thereon, it shall 
take effect forthwith for the purpose of the next annual town 
meeting and for all things pertaining thereto, and shall take 
full effect upon the qualification of a majority of the select- 
men first elected as provided in section three. 

If this act is rejected by the qualified voters of the town 
of Canton when first submitted to said voters under this 



Acts, 1941. — Chap. 14. 19 

section, it shall be submitted for acceptance in like manner 
to such voters at the annual town election in said town in 
the year nineteen hundred and forty-two, and, if accepted 
by a majority of such voters voting thereon at said election, 
shall thereupon take effect as hereinbefore provided. 

Section 30. At any time, except as hereinafter provided, 
after the expiration of five years from the date on which 
this act is accepted, and not less than ninety days before 
the date of an annual town election, a petition signed by 
not less than fifteen per cent of the qualified voters of the 
town may be filed with the selectmen, requesting that the 
question of revoking the acceptance of this act be submitted 
to the voters. Thereupon the selectmen shall cause to be 
printed on the official ballot, used for the election of town 
officers, the following question: — "Shall the acceptance by 
the town of Canton of an act passed by the General Court 
in the year nineteen hundred and forty-one, entitled 'An 
Act Establishing a Town Manager Form of Government 
for the Town of Canton', be revoked?" If such revocation 
is favored by a majority of the voters voting thereon by 
ballot, the acceptance of this act shall be revoked from and 
after the date of the annual town meeting next following 
such vote. The revocation of such acceptance shall not 
affect any contract then existing or any action at law or 
suit in equity or other proceeding then pending. If such 
acceptance shall be revoked as aforesaid, this act shall be- 
come null and void from and after the date of such annual 
town meeting, and thereafter all general laws respecting 
town government and town officers shall apply to the town 
of Canton, and any special laws relative to said town which 
are repealed or made inoperative by this act shall be re- 
vived or again made operative by such revocation. By-laws 
in force when the revocation takes effect, so far as they are 
consistent with general laws respecting town government 
and town officers and with such special laws, shall not be 
affected thereby, but any by-law inconsistent with this act 
shall be revoked. A vote on the question of revoking the 
acceptance of this act shall not be taken oftener than once 
in every three years. Approved February IS, 1941. 

An Act authorizing the placing of the office of town Qjiar) 14 
accountant of the town of milford under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of town accountant of the town of 
Milford shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations, 
and the tenure of office of any incumbent thereof shall be 
unlimited, subject, however, to said laws, but the person 
holding said office on said effective date shall continue to 
serve therein only until the expiration of his term of office 
unless prior thereto he passes a non-competitive qualifying 



20 Acts, 1941. — Chap. 15. 

examination to which he shall be subjected by the division 
of civil service. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the annual town meeting in the 
current year in the form of the following question, which 
shall be placed upon the official ballot to be used for the elec- 
tion of town officers at said meeting: "Shall an act passed 
by the General Court in the year nineteen hundred and 
forty-one, entitled 'An Act authorizing the placing of the 
Office of Town Accountant of the Town of Milford under the 
Civil Service Laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved February IS, 1941. 



Chap. 15 An Act authorizing and empowering the city of bos- 
ton TO TRANSFER TO THE UNITED STATES OF AMERICA A 
CERTAIN LOT OF LAND IN EAST BOSTON AND CEDING JURIS- 
DICTION OF THE SAME. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, which, in view of the present national 
emergency, is to make available at once to the war depart- 
ment land on which to build a military hangar at the Boston 
Airport, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience and safety. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized and 
empowered to transfer to the United States of America, 
with or without monetary consideration and subject to such 
terms and conditions as the mayor and city council of said 
city shall in writing approve, for airport purposes, a certain 
lot or parcel of land situated in that part of said city known 
as East Boston, being a portion of a lot of land containing 
approximately four hundred and seventy thousand eight 
hundred and ninety-five square feet, which was taken by 
eminent domain in fee simple for airport purposes by an 
order of the board of street commissioners of said city ap- 
proved January twenty-second, nineteen hundred and 
thirty-two, the instrument of taking for said lot being re- 
corded with Suffolk registry of deeds, book 5313, page 63; 
the lot hereby authorized to be transferred being bounded 
and described as follows : — Starting at a point on the south- 
easterly boundary line of the location of the Boston, Revere 
Beach and Lynn Railroad Company, said point being dis- 
tant northeasterly one hundred and ninety feet from the 
present northeasterly side line of Porter street; thence 
running northeasterly by the said line of the location of 
the Boston, Revere Beach and Lynn Railroad Company, 
two hundred and twenty feet; thence turning and running 
southeasterly parallel with Porter street, two hundred and 



Acts, 1941. — Chap. 16. 21 

sixty and ten one hundredths feet; thence turning and 
running southwesterly by land of the commonwealth of 
Massachusetts, two hundred and twenty feet; thence turn- 
ing and running northwesterly by other land of the com- 
monwealth of Massachusetts, two hundred and sixty and 
ten one hundredths feet to the point of beginning; contain- 
ing fifty-seven thousand two hundred and twenty-two square 
feet of land, more or less. 

Section 2. Upon the transfer of the area described in 
section one to the United States of America and the filing of 
a copy of a plan of such area by said United States, acting 
by its properly authorized agent, in the office of the state 
secretary, jurisdiction over said area shall be granted and 
ceded to said United States, but upon the express condition 
that the commonwealth shall retain concurrent jurisdiction 
with said United States in and over said area, in so far that 
all civil processes, and such criminal processes as may issue 
under the authority of the commonwealth against any per- 
son or persons charged with crimes committed without said 
area and all processes for the collection of taxes levied under 
authority of the laws of the commonwealth, including the 
service of warrants, may be executed thereon in the same 
manner as though this cession had not been made; provided, 
that the title to, and the exclusive jurisdiction over, said 
area shall revert to and revest in said city of Boston when- 
ever said area shall cease to be used by said United States 
for airport purposes. 

The United States government is hereby authorized to fill 
the area referred to in section one in accordance with plans 
to be filed with and approved by the state department of 
public works and to place such structures in or over such 
area as may be necessary for the purpose for which the 
same is authorized to be transferred. 

Approved February 13, 1941- 

An Act authorizing the town of swampscott to con- nhnj) 15 

STRUCT AND MAINTAIN A LOCKER BUILDING ON CERTAIN 
LAND WITHIN THE LIMITS OF PHILLIPS PARK IN SAID 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott is hereby author- 
ized, notwithstanding any limitation contained in chapter 
forty-five of the General Laws, to build, equip, and main- 
tain, a locker building, covering an area of not more than 
three thousand square feet on the ground, within the limits 
of PhilHps Park, in said town, which park was acquired by 
said town for park and recreational purposes. Said building 
shall be so located as to interfere as httle as possible with 
the use for recreational, or athletic purposes of any part 
of the park area then so used. 

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

Approved February 19, 1941. 



22 Acts, 1941. — Chaps. 17, 18. 



Chap. 17 An Act authorizing the town of swampscott to con- 
struct AND MAINTAIN A STORAGE AND LOCKER BUILDING, 
AND A RECREATION LODGE, SO CALLED, WITHIN THE LIMITS 
OF JACKSON PARK IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott is hereby author- 
ized, notwithstanding any limitation contained in chapter 
forty-five of the General Laws, to build, equip and main- 
tain a building for locker and park equipment storage pur- 
poses, covering an area of not more than three thousand 
square feet on the ground, within the Hmits of Jackson Park, 
in said town, which park was acquired by said town for park 
and recreational purposes. Said building shall be so located 
as to interfere as little as possible with the use for recrea- 
tional or athletic purposes of any part of the park area then 
so used. 

Section 2. Said town is hereby further authorized, not- 
withstanding any limitation contained in said chapter forty- 
five, to build, equip and maintain a recreation lodge, so called, 
covering an area of not more than three thousand square 
feet on the ground, within the Hmits of Jackson Park, in said 
town, which park was acquired by said town for park and 
recreational purposes. Said building shall be so located as 
to interfere as little as possible with the use for recreational 
or athletic purposes of any part of the park area then so 
used. 

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

Approved February 19, 1941. 

Chap. 18 An Act relative to the construction and maintenance 

OF A structure BRIDGING SHERMAN STREET IN THE CITY 
OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
published in at least one newspaper published in the city of 
Maiden, and a pubhc hearing thereon, the street and water 
commission of the city of Maiden may, with the approval of 
the mayor, grant and issue a permit to National Company, 
Inc., a corporation duly established and existing under the 
laws of this commonwealth, to build and, on such conditions 
and subject to such restrictions as said commission may 
prescribe, permanently maintain a structure bridging Sher- 
man street in said city connecting buildings owned by said 
National Company, Inc. on opposite sides of said street. 

Section 2. No structure bridging said street under a 
permit issued as provided in section one of this act, shall be 
constructed or maintained at a height less than fourteen 
feet six inches above the grade line of said street, nor shall 
such structure be more than fifteen feet in width, and no 
part of the bridge or its supports shall rest upon the surface 



Acts, 1941. — Chaps. 19, 20. 23 

of the street; nor shall any such structure be erected or 
maintained over any portions of said street not owned in 
fee by said National Company, Inc. without the written 
consent of the owners of such portions in each instance. 
Such consent of the city of Maiden, if and when necessary, 
may be given by said street and water commission, with the 
approval of the mayor. 

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

Approved February 19, 19If.l. 

An Act providing for the appointment of a general Qjidj) jg 

OFFICER OF the LAND FORCES TO ACT AS A MEMBER OF THE 
ARMORY COMMISSION IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section eighteen of chapter six of the General Laws, as o. l. (Ter. 
amended by section one of chapter three hundred of the acts ^tci! 'amended. 
of nineteen hundred and thirty-seven, is hereby further 
amended by adding at the end the following sentence : — In Armory com- 
case said major general is relieved from duty in the national yacanSe"' 
guard by reason of being in the military service of the 
United States of America under call or order of the presi- 
dent of said United States, or in case said major general, 
while not in said mihtary service, is unable to perform his 
duties as a member of said commission by reason of absence 
from the commonwealth, the governor as commander-in- 
chief may appoint some other general officer of the land 
forces of the commonwealth to act, during the period of 
such service or absence, as a member of said commission in 
lieu of said major general. Approved February 19, 1941- 

An Act providing for the appointment of a general nhnn 20 

OFFICER OF THE LAND FORCES TO ACT AS AN ASSOCIATE ^' 

COMMISSIONER OF THE SPECIAL MILITARY RESERVATION 
COMMISSION IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and ninety-six of the 
acts of nineteen hundred and thirty-five is hereby amended 
by adding at the end the following sentence : — In case said 
commanding general of said twenty-sixth division is reUeved 
from duty in the national guard by reason of being in the 
military service of the United States of America under call 
or order of the president of said United States, or in case said 
commanding general, while not in said military service, is 
unable to perform his duties as such associate commissioner 
by reason of absence from the commonwealth, the governor 
as commander-in-chief may appoint some other general 
officer of the land forces of the commonwealth to act, during 
the period of such service or absence, as such associate 
commissioner in lieu of said commanding general. 

Approved February 19, 1941. 



24 Acts, 1941. — Chap. 21. 



Chap. 21 An Act authorizing the town of hull to acquire lands 

FOR WHARF AND RECREATION CENTER PURPOSES IN SAID 
TOWN. 

Be it enacted, etc., as follows: ' 

Section 1. The town of Hull may take by eminent 
domain under chapter seventy-nine of the General Laws, 
or acquire by purchase or otherwise, the lands and wharf 
properties, and the structures and buildings thereon, in 
said town now owned by the Nantasket-Boston Steamboat 
Company, and may use, maintain and operate, as a wharf 
or wharves and a common landing place or places, such 
portion thereof as said town may determine at any special 
or annual town meeting; and may use, maintain and oper- 
ate the remaining portions thereof for the purposes of a 
recreation center or centers, and may, on said remaining 
portions of lands and in the buildings thereon, conduct and 
promote recreation, play, sport and physical education, for 
which admission may be charged, and may establish parking 
places and construct buildings at any such recreation center, 
and may provide equipment for said center or centers. 

Section 2. The powers conferred by this act to take, 
purchase or otherwise acquire property may be exercised by 
the selectmen, and the powers conferred thereby to use, 
maintain and operate any portion of the property so acquired 
as a wharf and common landing place or as a recreation 
center or centers may be exercised by the selectmen who shall 
also have power to make rules and regulations governing 
such use, subject, however, to such rules and regulations as 
the town may fix by vote. 

Section 3. For the purpose of meeting the expenses in- 
curred by the town of Hull under this act, said town may 
borrow from time to time within a period of five years from 
the passage of this act such sums as may be necessary, not 
exceeding, in the aggregate, one hundred and thirty thou- 
sand dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Town of Hull Wharf and 
Recreation Center Loan, Act of 194 L Each authorized 
issue shall constitute a separate loan, and such loans shall 
be paid in not more than ten years from their dates. In- 
debtedness incurred under this act shall be inside the statu- 
tory hmit and shall, except as herein provided, be subject to 
chapter forty-four of the General Laws, including the limita- 
tion contained in the first paragraph of section seven thereof. 
. Section 4. This act shall take effect upon its passage. 

Approved February 19, 1941. 



Acts, 1941. — Chaps. 22, 23, 24. 25 



An Act authorizing the town of rockport to expend ChaiJ. 22 

CERTAIN FUNDS FOR THE INSTALLATION OF NEW PUMPS AT 
ITS WATER PUMPING STATION. 

Be it enacted, etc., as follows: 

Section 1. The town of Rockport is hereby authorized 
to expend from its Special Water Loan Account not more 
than twelve thousand dollars for the purpose of installing 
new pumps at its water pumping station, notwithstanding 
the provisions of section twenty of chapter forty-four of the . 
General Laws. 

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

Approved February 21, 1941. 



An Act authorizing the town of Winchester to borrow fj^KU) 23 

MONEY FOR THE PURPOSE OF MAKING NECESSARY ALTERA- 
TIONS and IMPROVEMENTS OF ITS TOWN HALL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of making necessary altera- 
tions to, and improvements at, its town hall building, the 
town of Winchester may borrow from time to time, within a 
period of three years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, one 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Winchester 
Town Hall Loan, Act of 1941. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than ten years from their dates. Indebtedness 
incurred under this act shall be within the statutory limit, 
but shall, except as provided herein, be subject to chapter 
forty-four of the General Laws, inclusive of the hmitation 
contained in the first paragraph of section seven thereof. 

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

Approved February 21, 1941. 



An Act authorizing the city of Worcester to borrow Qhav. 24 

MONEY FOR THE PURPOSE OF CONSTRUCTING A MUNICIPAL 
AIRPORT. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may, within a period 
of five years from the passage of this act, incur indebted- 
ness for the construction of a municipal airport, either 
within or without the city, and may issue bonds or notes 
therefor, which shall bear on their face the words, Worcester 
Municipal Airport Loan, Act of 1941. Each authorized 
issue shall constitute a separate loan, and such loans shall 
be payable in not more than ten years from their dates, but 
no loan shall be authorized under this act unless a sum equal 



26 Acts, 1941. — Chap. 25. 

to an amount not less than ten per cent of the loan so author- 
ized is voted for the same purpose to be provided from taxes 
or other sources of revenue of the year when authorized. 
Indebtedness incurred under this act shall be in excess of 
the amount authorized by chapter two hundred and eleven 
of the Special Acts of nineteen hundred and sixteen, as 
amended by chapter one hundred and thirty-eight of the 
acts of nineteen hundred and twenty, but shall, except as 
provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the first paragraph of section 
» seven of said chapter. 

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

Approved February 21, 1941. 



Chap. 25 An Act concerning judicial determination of rights 
TO exercise powers of sale to foreclose real estate 

MORTGAGES IN WHICH SOLDIERS OR SAILORS MAY BE 
INTERESTED. 

preamble'^ Wheretts, Numcrous soldiers and sailors absent from the 

commonwealth on military service of the United States own 
mortgaged real estate and there is serious danger that mort- 
gages on their properties may be foreclosed without adequate 
notice to them, and it is necessary for their protection that 
this act immediately go into operation, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the pubHc convenience. 

Be it enacted, etc., as follows: 

Section 1. In any proceeding in equity, for authority 
to exercise a power of sale contained in a mortgage of real 
estate, brought because of an Act of Congress known as the 
Soldiers' and Sailors' Civil Relief Act of 1940, or any amend- 
ments thereto hereafter enacted, notice may be issued in 
substantially the following form by the court in which such 
proceeding is pending, returnable on any convenient date, 
irrespective of the return days otherwise prescribed by law 
or rule, and requiring all appearances and answers to be 
filed on or before the return day : — 

Commonwealth of Massachusetts 

Court 

, ss. In Equity 

To (insert the names of all defendants named in the bill) 
and to all whom it may concern. 

has filed with said court a bill in 

equity for authority to exercise the power of sale contained 
in a mortgage of real estate situated (insert name of city or 
town and also, if stated in mortgage, the street and number) 
given by (insert names of parties, date and reference to 
record). 



Acts, 1941.— Chap. 25. 27 

If you are entitled to the benefits of the Soldiers' and 
Sailors' Civil Relief Act of 1940 and you object to the fore- 
closure of said mortgage, you or your attorney should file a 

written appearance and answer in said court at 

on or before , or you may be forever barred 

(Return Day) 

from claiming that a foreclosure sale made under such au- 
thority is invalid under said act. 

Witness , Esquire, Judge of said 

Court, this day of , 

19 



The recording of a copy of said notice in the registry of 
deeds of the district where the real estate lies, the publica- 
tion of a copy thereof once not less than twenty-one days 
before the return day in a newspaper designated by the court, 
and the mailing of a copy thereof by registered mail not less 
than fourteen days before the return day to each defendant 
named in the bill, shall be sufficient service of said notice, 
unless the court otherwise orders. 

Section 2. A sale made pursuant to authority granted 
in such proceedings may be approved by the court but not 
until after the expiration of the period for appeal from the 
order authorizing the sale. There shall be no appeal from 
or review of such approval. 

The period of thirty days within which a copy of the notice 
of sale and an affidavit are required to be recorded by sec- 
tion fifteen of chapter two hundred and forty-four of the 
General Laws shall, in case such a proceeding has been had, 
be computed from the time the court approves the sale 
rather than from the time of the sale as provided in said 
section. 

A copy of the order authorizing the sale and the approval 
thereof may be recorded in the registry of deeds of the dis- 
trict where the real estate lies, and shall be conclusive evi- 
dence of compliance with the provisions of said Soldiers' 
and Sailors' Civil Rehef Act of 1940, and any amendments 
thereto, insofar as the court has power to determine the 
same, as against all persons, except that such copy shall not 
be conclusive evidence of such compliance against persons 
whose interests appeared of record prior to the recording of 
the notice of said proceeding unless they were named as 
defendants or had notice of said proceeding. 

Approved February 21, WIj.!. 



28 Acts, 1941. — Chaps. 26, 27, 28. 



Chap. 26 An Act repealing certain provisions of law relative 
TO the appointment of a special officer by the 

TOWN OF NANTUCKET TO ENFORCE THE PROVISIONS OF 
LAW RELATING TO THE PROTECTION OF BIRDS ON THE 
ISLAND OF MUSKEGET, THEIR EGGS AND YOUNG, 

Be it enacted, etc., as follows: 

Section five of chapter four hundred and forty-two of the 
acts of eighteen hundred and ninety-five is hereby repealed. 

Approved February 21, lOJj.!. 

Chap. 27 An Act providing for the designation of a deputy 

RECORDER OF THE LAND COURT TO PERFORM THE DUTIES 
OF THE RECORDER IN CERTAIN CASES WHEN NEITHER THE 
RECORDER NOR THE CHIEF TITLE EXAMINER IS AVAILABLE. 

Be it enacted, etc., as follows: 

G- L. (Ter. Sectiou twclve of chapter one hundred and eighty-five of 

§ 12. amended, the General Laws, as appearing in the Tercentenary Edition, 

is hereby amended by adding at the end the following new 

Deputy re- Sentence : — In case of absence, sickness or disability of 

to'act"* "^^^^ both the recorder and the chief title examiner, any deputy 

recorder appointed under section six, who is designated for 

the purpose by the judge by a writing filed in the recorder's 

office, shall perform all of the official duties of the recorder. 

Approved February 21, 1941. 

Chap. 28 An Act relative to the concurrent jurisdiction of 

THE SUPREME JUDICIAL AND SUPERIOR COURTS WITH 
RESPECT TO BANKS AND BANKING. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scction One A of chapter two hundred and thirteen of the 

i lA, amended. General Laws, inserted by section one of chapter two hun- 
dred and fifty-seven of the acts of nineteen hundred and 
thirty-nine, is hereby amended by striking out, in the six- 
teenth fine, the words "chapter one hundred and sixty- 
seven" and inserting in place thereof the words: — chapters 
one hundred and sixty-seven, one hundred and sixty-eight 
and one hundred and seventy-two, — so as to read as fol- 
kSLdktfonof lows: — Scction lA. The superior court shall have original 
superior court, jurisdiction, Concurrently with the supreme 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 judi- 
cial officer), and also of all matters relating to the dissolu- 
tion 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 hundred and 
fourteen or otherwise, other than cases arising under the 
statutes relating to insolvency of which general superin- 



Acts, 1941. — Chaps. 29, 30, 31. 29 

tendence and jurisdiction are given to it by those statutes, 
or arising under section five of chapter twenty-five, relating 
to the department of public utiUties, or under section thir- 
teen of chapter fifty-eight A, relating to the appellate tax 
board, or under chapters one hundred and sixty-seven, one 
hundred and sixty-eight and one hundred and seventy-two, 
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. Approved February 21, 19 Jf.!. 



An Act repealing certain provisions of law relative Chap. 29 

TO appropriations by the city of WORCESTER FOR THE 
CARE AND IMPROVEMENT OF BOYNTON PARK. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and forty-two of the 
acts of nineteen hundred and three is hereby repealed. 

Approved February 21, 1941- 



An Act further defining the phrase "heavy duty Chap. 30 
platform trailers" under the provisions of the 
motor vehicle laws. 

Be it enacted, etc., as follows: 

Section one of chapter ninety of the General Laws, as g. l. (Ter. 
amended, is hereby further amended by striking out, in the etcl^'amendld. 
fifth line of the paragraph defining ''Heavy duty platform 
trailer", as appearing in section one of chapter three hundred 
and fifty-four of the acts of nineteen hundred and thirty- 
nine, the word "twenty-four" and inserting in place thereof 
the word : — thirty-six, — so that said paragraph will read 
as follows : — 

"Heavy duty platform trailer", a vehicle especially con- "Heavy duty 
structed for transporting machinery, contractors' equip- trliieT"! 
ment, or other heavy or clumsy units. The top surface of term defined, 
the deck or platform of such a vehicle shall not be more 
than thirty-six inches above the surface on which the wheels 
of the vehicle rest. Approved February 24, 1941. 

An Act authorizing the county commissioners of the Chap. 31 

county of PLYMOUTH TO LEASE TO THE TOWN OF PLYM- 
OUTH CERTAIN PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Plymouth, acting in the name and on behalf of said county, 
may lease to the town of Plymouth for use by said town for 
dump purposes approximately eight and one half acres of 



30 Acts, 1941.— Chaps. 32, 33, 34. 

the county farm property of said county. Such lease shall 
be for a term not exceeding fifty years and shall be subject 
to such conditions as may be mutually agreed upon by the 
said parties, and the said town may, if authorized by vote 
at an annual town meeting, become party to such lease. 
Section 2. This act shall take effect upon its passage. 

Approved February 25, 19^1 . 

Chap. 32 An Act designating the public beach bordering charles 

RIVER IN the town OF WATERTOWN AS THE CLARENCE W. 
DEALTRY MEMORIAL BEACH. 

Be it enacted, etc., as follows: 

Section 1. The beach under the supervision of the met- 
ropolitan district commission located along the Charles 
river in the town of Watertown is hereby designated and 
shall be known as the Clarence W. Dealtry Memorial Beach. 

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

Approved February 25, 1941. 



Chap. 33 An Act making an appropriation for expenditure by 

THE governor's COMMITTEE ON PUBLIC SAFETY FOR CLER- 
ICAL AND OTHER SERVICES AND EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sum of seventy-five hundred dollars, for 
expenditure by the governor's committee on public safety 
for clerical and other services and expenses, is hereby appro- 
priated from the general fund or revenue of the common- 
wealth, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof, in 
advance of final action on the general appropriation bill, 
pursuant to a recommendation of the governor to that 
effect in his inaugural address. Persons employed by said 
committee shall not be subject to the civil service laws or 
the rules and regulations made thereunder. 

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

Approved February 27, 1941. 

Chap. 34 An Act authorizing the town of medfield to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of completing, or building 
an addition to, the new high school building and of origi- 
nally equipping and furnishing the same, the town of Med- 
field may borrow from time to time, within a period of five 
years from the passage of this act, such sums as may be nec- 
essary, not exceeding, in the aggregate, ninety-five thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Medfield School Building 



Acts, 1941.— Chaps. 35, 36. 31 

Loan, Act of 1941. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter forty- 
four of the General Laws, exclusive of the Umitation con- 
tained in the first paragraph of section seven thereof. 

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

Approved February 27, 19Jfl. 



An Act providing that the selectmen shall act as a Chap. 35 

BOARD OF SEWER COMMISSIONERS IN THE TOWN OF SAUGUS. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and fifty of the acts 
of nineteen hundred and twenty-nine is hereby amended by 
striking out section three and inserting in place thereof the 
following section : — Section 3. The selectmen shall act as 
a board of sewer commissioners. Whenever the phrase 
"said board of sewer commissioners", "said board", "the 
board of sewer commissioners", "the board" or "the sewer 
commissioners" occurs in this act, it shall mean the select- 
men acting as a board of sewer commissioners. 

Section 2. Section five of said chapter three hundred 
and fifty is hereby repealed. 

Section 3. The terms of all the members of the existing 
board of sewer commissioners in the town of Saugus shall 
terminate upon the date of acceptance of this act under the 
provisions of section four, whereupon all the powers, duties 
and obligations of said board of sewer commissioners shall 
be transferred to and imposed upon the selectmen who shall 
act as a board of sewer commissioners as provided in section 
one. 

Section 4. This act shall be submitted for acceptance to 
the town meeting members of the town of Saugus at a spe- 
cial town meeting to be called for the purpose in the current 
year under an article which the selectmen of said town are 
hereby directed to insert in the warrant for such meeting, 
and shall take full effect in said town upon its acceptance by 
a majority of the town meeting members voting thereon, 
but not otherwise. Approved February 21, 1941- 

An Act relative to the apportionment of the com- Qhav. 36 
pensation of certain fiduciaries as between prin- 
cipal AND income. 

Be it enacted, etc., as follows: 

Section sixteen of chapter two hundred and six of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is ffe.'amended. 
hereby amended by adding at the end the following new 
sentence : — Such compensation may be apportioned be- Compensa- 
tween principal and income as the court may determine, — e'xpeMcs of 

executor, etc. 



32 Acts, 1941. — Chap. 37. 

so as to read as follows: — Section 16. An executor, ad- 
ministrator, guardian, conservator or trustee shall be 
allowed his reasonable expenses incurred in the execution 
of his trust, and shall have such compensation for services 
as the court may allow. Such compensation may be appor- 
tioned between principal and income as the court may 
determine. Approved February 27, 1941. 



Chap. 37 An Act authorizing the annexation by the city of 

FITCHBURG OF A PART OF THE CITY OF LEOMINSTER, AND 
AUTHORIZING THE ANNEXATION BY SAID CITY OF LEOMIN- 
STER OF A PART OF SAID CITY OF FITCHBURG. 

Be it enacted, etc., as follows: 

Section 1. All that part of the city of Leominster, with 
the inliabitants and estates therein, within the area bounded 
and described as follows : — Beginning at the northwesterly 
corner thereof at the present Fitchburg-Leominster bound- 
ary line and at the most northeasterly sideline of the Nashua 
river where it intersects said Fitchburg-Leominster bound- 
ary line; thence northeasterly by said Fitchburg-Leominster 
boundary line and by the Lunenburg-Leominster boundary 
line as at present existing approximately three thousand 
four hundred twenty feet to the most northwesterly corner 
of the "East Yard" of the Boston and Maine Railroad; 
thence about southeasterly and southerly by the westerly 
line of said Boston and Maine Railroad layout approximately 
seven thousand seven hundred fifty feet to a point about one 
hundred fifty feet easterly of an angle in the easterly side- 
line of Crawford street, which angle is about two thousand 
feet northerly of the northerly intersection of Crawford 
street and Hamilton street in Leominster; thence about 
westerly approximately one hundred fifty feet to the angle 
in Crawford street above mentioned; thence about north- 
westerly in a straight line about three thousand nine hun- 
dred forty feet, more or less, to the easterly sideline of the 
Nashua river; thence about northwesterly and northerly 
by said easterly sideline of said Nashua river about four 
thousand seven hundred seventy-five feet to the point of 
beginning, is hereby set off from the city of Leominster and 
annexed to the city of Fitchburg. 

Section 2. All that part of the city of Fitchburg, with 
the inhabitants and estates therein, within the area bounded 
and described as follows : — Beginning at a point where the 
boundary lines of the city of Fitchburg and the town of 
Westminster intersect with the northwesterly boundary line 
of the city of Leominster; thence about northerly approxi- 
mately seventeen hundred fifty feet to the southerly side- 
line of the layout of the state highway known as Route two; 
thence in a generally easterly direction by the southerly line 
of said layout of said state highway to the intersection of 
said southerly sideline of said Route two with the westerly 



Acts, 1941. — Chaps. 38, 39. 33 

line of the layout of the Fifth Massachusetts Turnpike, so 
called; thence by the westerly line of said layout of said 
Fifth Massachusetts Turnpike, so called, to the Fitchburg- 
Leominster boundary line where said Fifth Massachusetts 
Turnpike, so called, intersects said boundary line; thence 
in a generally southwesterly and westerly direction along 
said Fitchburg-Leominster boundary line to the point of 
beginning, is hereby set off from the city of Fitchburg and 
annexed to the city of Leominster, 

Section 3. This act shall take full effect upon its ac- 
ceptance by vote of the city council, with the approval of 
the mayor, of said city of Fitchburg and of said city of 
Leominster. Approved February ^7, 1941. 

An Act regulating the certification of names for Chap. 38 

PROMOTION FROM THE RESERVE TO THE REGULAR FIRE 
FORCE IN CERTAIN CITIES. 

Be it enacted, etc., as follows: 

Chapter thirty-one of the General Laws is hereby amended g l (Xer. 
by striking out section nineteen A, as amended by section § iqa, etc., 
twenty-four of chapter two hundred and thirty-eight of the amended, 
acts of nineteen hundred and thirty-nine, and inserting in 
place thereof the following: — Section 19 A. In each city in Appointments 
which there has been established a reserve force of firemen firelorceain 
in its fire department under the provisions of sections fifty- certain cities, 
nine B to fifty-nine D, inclusive, of chapter forty-eight, ap- 
pointments to the regular force shall be made by the appoint- 
ing authority upon certification by the director from the 
list of members of the reserve force of firemen, in accordance 
with the rules of the commission, except that the basis of 
certification shall be the order of appointment to the reserve 
force, or, if not ascertainable, the order of the respective 
ratings of such members obtained in the examination upon 
which the list of ehgibles for appointment to such reserve 
force was based. No person who has passed his fiftieth 
birthday shall be appointed from such a reserve force to 
such a regular force. Approved February 27 , 19^1. 

An Act regulating the certification of names for Chap. 39 

PROMOTION from THE RESERVE TO THE REGULAR POLICE 
FORCE IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Chapter thirty-one of the General Laws is hereby amended g^l. ^Ter. 
by striking out section twenty A, as amended by section § 2bA, etc.. 
twenty-six of chapter two hundred and thirty-eight of the amended, 
acts of nineteen hundred and thirty-nine, and inserting in 
place thereof the following : — Section 20 A . In each city Appointments 
and town subject to section twenty in which there has been poUcl^orces. 
established a reserve police force, appointments to the regu- 
lar force shall be made by the appointing authority upon 



34 Acts, 1941. — Chaps. 40, 41. 

certification by the director from the Hst of members of the 
reserve police force in accordance with the rules of the com- 
mission, except that the basis of certification shall be the 
order of appointment to the reserve force, or, if not ascer- 
tainable, the order of the respective ratings of such mem- 
bers obtained in the examination upon which the list of 
eligibles for appointment to such reserve force was based. 
No person who has passed his fiftieth birthday shall be 
appointed from such a reserve force to such a regular force. 

Approved February 27, 1941. 



Chap. 40 An Act further extending the period of operation of 
A certain law modifying the requirements for in- 
vestments 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 most recently 
amended by chapter ninety-eight of the acts of nineteen 
hundred and thirty-nine, is hereby further amended by 
striking out, in the third line, the word "forty-one" and in- 
serting in place thereof the word : — forty-five, — so as to 
read as follows : — Section 2. This act shall become in- 
operative after December thirty-first, nineteen hundred and 
forty-five, but this section shall not affect any mortgage 
taken under section one on or before said date. 

Approved February 27, 1941. 



Chap. 41 An Act authorizing the towtst of plainville to con- 
struct, EQUIP AND maintain A CERTAIN BUILDING ON 
CERTAIN LAND WITHIN THE LIMITS OF PLAINVILLE TOWN 
PARK, so CALLED, IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Plainville is hereby authorized, 
notwithstanding any limitation contained in chapter forty- 
five of the General Laws, to build, equip and maintain, a 
building for town office and fire station purposes, or for fire 
station purposes only, covering an area of not more than 
nine thousand square feet on the ground, within the limits 
of Plainville town park, so called, in said town. Said build- 
ing shall be so located as to interfere as little as possible 
with the use for recreational or athletic purposes of any part 
of the park area then so used. 

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

Approved February 28, 1941. 



Acts, 1941. — Chaps. 42, 43, 44, 45. 35 



An Act authorizing the city of quincy to convey or Qfidp^ 42 

RELEASE CERTAIN LANDS OWNED BY SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
convey or release by deed or other instrument of convey- 
ance so much of the land acquired by it, on or about April 
seventeenth, nineteen hundred and thirty-nine, for a parking 
area as, by vote of its city council subject to the approval 
of its mayor, may be deemed no longer necessary for public 
uses. 

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

Approved February 28, 19J^1. 

An Act authorizing the town of Greenfield to appro- (JfiQjy 43 
priate money to provide facilities for the holding ^' 

IN said town of the state convention of the veter- 
ans OF foreign wars of the united states. 

Be it enacted, etc., as follows: 

Section 1. The town of Greenfield may appropriate a 
sum not exceeding two thousand dollars for the purpose of 
providing proper facilities for public entertainment at the 
time of the state convention of the Veterans of Foreign Wars 
of the United States, to be held in said town 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 selectmen of said 
town. 

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

Approved February 28, 1941. 

An Act providing that minors may petition for adop- Chap, AA 

TION of their natural CHILDREN. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and ten of the Gen- g. l. (Ter. 
eral Laws, as appearing in the Tercentenary Edition, is f I'.^amended. 
hereby amended by inserting after the first sentence the 
following new sentence : — A minor may likewise petition. Petition for 
or join in the petition of his or her wife or husband, for the certain cesm. 
adoption of a natural child of such minor. 

Approved February 28, 1941. 

An Act providing for notice to certain guardians and CJiqj)^ 45 
conservators of applications for exemption from 
giving sureties on certain bonds. 

Be it enacted, etc., as folloivs: 

Section 1. Section four of chapter two hundred and five o- l. (Ter. 
of the General Laws, as appearing in the Tercentenary Edi- j 4'/kmen'ded. 



36 



Acts, 1941. — Chap. 46. 



Exemption of 
executor, etc., 
from giving 
sureties. 



G. L. (Ter. 
Ed.), 205, § 5, 
amended. 



Exemptions 
of certain , 
guardians and 
trustees. 



tion, is hereby amended by striking out, in the seventh line, 
the words "guardian of any minor" and inserting in place 
thereof the words : — guardian or conservator of any person 
under disability, — so as to read as follows: — Section 4. 
An executor shall be exempt from giving a surety on his 
bond if the testator has ordered or requested such exemp- 
tion or that no bond be required, and an executor, adminis- 
trator or an administrator with the will annexed shall be 
so exempt if all the persons interested in the estate of full 
age and legal capacity, other than creditors, certify to the 
probate court their consent thereto; but not until all cred- 
itors of the estate, and the guardian or conservator of any 
person under disabihty interested therein, have been noti- 
fied and have had opportunity to show cause against the 
same. The probate court may, however, upon or after the 
granting of letters testamentary or letters of administration 
require bond, with sufficient sureties, and failure to furnish 
the same within such time as the court orders shall con- 
stitute a declination of or a resignation from the trust. 

Section 2. Section five of said chapter two hundred 
and five, as so appearing, is hereby amended by striking 
out, in the sixth line, the words "guardian of any minor" 
and inserting in place thereof the words : — guardian or 
conservator of any person under disabihty, — so as to read 
as follows : — Section 5. A testamentary guardian and a 
trustee under a wiU shall be exempt from giving sureties on 
his bond, if the testator has ordered or requested such ex- 
emption, or that no bond be required, or in case of a trus- 
tee, if all the persons beneficially interested in the trust, of 
full age and legal capacity, other than creditors, request 
such exemption; but not until the guardian or conservator 
of any person under disability interested therein and such 
other persons as the court orders have been notified and 
had opportunity to show cause against the same. The pro- 
bate court may, however, at any time require such guardian 
or trustee, or a trustee appointed by the probate court, to 
give a bond with sureties. The court may, with or with- 
out notice, exempt a trustee under a will holding property 
for pubhc charitable purposes from giving surety on his 
bond. Approved February 28, 1941. 



Chap. 46 An Act relative to certain public funds of county 

OFFICIALS IN CLOSED BANKS. 

Be it encLcted, etc., as follows: 

Section 1. After an appropriation has been made there- 
for, the county treasurer of any county shall, with the ap- 
proval of a majority of the county commissioners, pay to 
each official whose books and accounts show a deficit due 
to funds on deposit in any closed bank, a sum equal to said 
deficit as evidenced by proof of claim or other evidence 
satisfactory to such treasurer and county commissioners, 



Acts, 1941.— Chap. 47. 37 

said sum to be accounted for by such treasurer as required 
by law. 

Section 2. Any official to whom such payment is made 
shall thereupon assign to the county any proof of claim 
against any such bank and, if thereafter any further pay- 
ments are made on account of such proof of claim, said 
treasurer shall receive and credit the same to the general 
funds of the county. 

Section 3. Sufficient funds to carry out the purposes of 
this act shall be included in the county appropriation act of 
the current year and any amounts due to any county out 
of such funds shall be included in the estimated receipts of 
such county for said year. A'p'proved February 28, 1941. 



An Act defining, and authorizing the use of, a system QJidjf^ 47 

OF PLANE co-ordinates FOR DESIGNATING AND STATING 
POSITIONS OF POINTS ON THE SURFACE OF THE EARTH 
WITHIN THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter ninety-seven of the General Laws is hereby g. l. (Ter. 
amended by adding at the end the six following new sec- §§8ii3,'rdd^d. 
tions: — Sections. The system of plane rectangular co- -Massachu- 
ordinates which has been established by the United States n^^t^s'^yst'em" 
Coast and Geodetic Survey for defining and stating the defined, 
positions or locations of points on the surface of the earth 
within the commonwealth shall be known and designated as 
the "Massachusetts co-ordinate system", hereinafter and in 
the five following sections referred to as said system. 

For the purposes of the use of said system the common- 
wealth is hereby divided into a mainland zone and an island 
zone. 

The area now included in the following counties shall Mainland 
constitute the mainland zone : — Barnstable, Berkshire, 
Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, 
Norfolk, Plymouth, Suffolk and Worcester. 

The area now included in the counties of Dukes county island zone, 
and Nantucket shall constitute the island zone. 

Section 9. As established for use in the mainland zone, zones, how 
said system shall be named, and in any land description in ^^^'^nated. 
which it is used it shall be designated, the "Massachusetts 
co-ordinate system, mainland zone". 

As established for use in the island zone, said system shall 
be named, and in any land description in which it is used 
it shall be designated, the "Massachusetts co-ordinate sys- 
tem, island zone". 

Section 10. The plane rectangular co-ordinates of a point 5°g°'"^''**'®^ 
on the earth's surface, to be used in expressing the position 
or location of such point in the appropriate zone of said 
system, shall consist of two distances, expressed in feet and 
decimals of a foot. One of these distances, to be known as 
the "x-co-ordinate", shall give the position in an east- west 



38 



Acts, 1941. — Chap. 47. 



Definitions. 



Use of term 
" Massachu- 
Betts co- 
ordinate 
system" 
regulated. 



System may 
be used in 
describing 
locations. 



direction; the other to be known as the "y-co-ordinate", 
shall give the position in a north-south direction. Such co- 
ordinates shall be referred to the appropriate origin as 
defined in section eleven, and shall be made to depend upon 
and conform to the plane rectangular co-ordinates of the 
triangulation and traverse stations of the United States 
Coast and Geodetic Survey within the commonwealth, as 
these co-ordinates have been determined by said survey. 

Section 11. For the purpose of more precisely defining 
said system, the following definition by the United States 
Coast and Geodetic Survey is hereby adopted: 

The Massachusetts Co-ordinate System, Mainland Zone, 
consists of a Lambert conformal projection of the Clarke 
spheroid of eighteen hundred and sixty-six, having the 
standard parallels at north latitudes forty-one degrees forty- 
three minutes and forty-two degrees forty-one minutes, along 
which parallels the scale shall be exact. The origin of co- 
ordinates for this zone is at the intersection of the meridian 
seventy-one degrees thirty minutes west longitude and the 
parallel forty-one degrees no minutes north latitude. This 
origin is given the co-ordinates: 

x = 600,000 feet ; y = feet. 

The Massachusetts Co-ordinate System, Island Zone, 
consists of a Lambert conformal projection of the Clarke 
spheroid of eighteen hundred and sixty-six, having the 
standard parallels at north latitudes forty-one degrees seven- 
teen minutes and forty-one degrees twenty-nine minutes, 
along which parallels the scale shall be exact. The origin of 
co-ordinates for this zone is at the intersection of the merid- 
ian seventy degrees thirty minutes west longitude and the 
parallel forty-one degrees no minutes north latitude. This 
origin is given the co-ordinates : 

x = 200,000 feet; y = Ofeet. 

The position of said system shall be as marked on the 
ground by triangulation or traverse stations established in 
conformity with the standards adopted by the United States 
Coast and Geodetic Survey for first-order and second-order 
work, whose geodetic positions have been rigidly adjusted 
on the North American datum of nineteen hundred and 
twenty-seven, and whose plane co-ordinates have been com- 
puted on the system herein defined. Any such station may 
be used for establishing a survey connection with said 
Massachusetts co-ordinate system. 

Section 12. The use of the term "Massachusetts co-ordi- 
nate system" on any map, report of survey, or deed or other 
document, shall be limited to co-ordinates based on the 
Massachusetts co-ordinate system as defined in section 
eleven. 

Section 13. For the purpose of describing the location of 
any survey station or land boundary point in the common- 



Acts, 1941. — Chap. 48. 39 

wealth it shall be a complete, legal and satisfactory descrip- 
tion of such location to give the position of said survey 
station or land boundary point on the Massachusetts co- 
ordinate system. Nothing contained in sections eight to 
thirteen, inclusive, shall be interpreted as requiring any pur- 
chaser or mortgagee to rely exclusively on a description 
based on said system. Approved February 28, 1941. 



An Act authorizing the county of Middlesex to pro- Chav. 48 

VIDE ADDITIONAL ACCOMMODATIONS FOR THE DISTRICT 
COURT OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations for the district court of Somerville, 
the county commissioners of the county of Middlesex may 
make additions to and alterations in the district court house 
at Somerville, and may furnish and equip said court house 
as so enlarged or altered. 

Section 2. For the purpose of meeting the expenses 
authorized under section one, the county 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, but not exceeding, in the 
aggregate, thirty thousand dollars, and may issue tempo- 
rary notes of the county therefor, payable in not more than 
one year from their date or dates of issue. 

Section 3. Upon completion of the project herein au- 
thorized, the county treasurer shall, with the approval of the 
county commissioners, issue bonds or notes of the county, 
in a total amount not to exceed thirty thousand dollars, 
which shall bear on their face the words, Middlesex County 
Court House Loan, Act of 1941; and such bonds or notes 
shall be payable in not more than five years from their 
dates of issue. Such bonds or notes shall be signed by the 
treasurer of said county and countersigned by a majority 
of the county commissioners. The county may sell the said 
securities at public or private sale upon such terms and 
conditions as the county commissioners may deem proper, 
but not for less than their par value. Receipts from the 
sale of such bonds or notes shall be applied to the payment 
of costs of construction and to the payment of any tempo- 
rary loans authorized under section two, or to either of such 
purposes. Indebtedness incurred under this act shall, ex- 
cept as herein provided, be subject to chapter thirty-five 
of the General Laws. 

Section 4. 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 February 28, 1941. 



40 



Acts, 1941. — Chaps. 49, 50. 



Chap. 49 An Act relative to the position of inspector of plumb- 
ing IN THE CLASSIFIED CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section four of chapter thirty-one of the General Laws 
is hereby amended by striking out the paragraph contained 
in the nineteenth line, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following para- 
graph : — 

Inspectors of plumbing; 

Approved February 28, 1941. 



G. L. (Ter. 
Ed.). 31, § 4, 
amended. 



Inspectors of 
plumbing. 



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



Amendment 
of certain 
records. 



Chap. 50 An Act eliminating the requirement that certain cer- 
tificates RELATING TO BIRTHS, MARRIAGES AND DEATHS 
SHALL STATE THE PROVISION OF LAW UNDER WHICH SUCH 
certificates ARE ISSUED. 

Be it enacted,. etc., as follows: 

Section thirteen of chapter forty-six of the General Laws, 
as amended, is hereby further amended by striking out, in 
the thirty-seventh and thirty-eighth hnes, as appearing in 
the Tercentenary Edition, the words ", and shall state that 
the certificate is issued under this section", — so that the 
fourth paragraph, as so appearing, will read as follows: — 

He shall file any affidavit, certified copy of such decree 
or copy of record submitted under this section and record 
it in a separate book kept therefor, with the name and resi- 
dence of the deponent or the facts of such decree and the 
date of the original record, and shall thereupon draw a line 
through any statement, or statements, sought to be cor- 
rected or amended in the original record, without erasing 
them, shall enter upon the original record the facts required 
to correct, amend or supplement the same in accordance 
with such affidavit or decree, including, in case of a decree 
of adoption, the same facts relative to the adopting parents 
as are required in a record of birth by the provisions of sec- 
tion one relative to natural parents, and forthwith, if a copy 
of the record has been sent to the state secretary, shall for- 
ward to the state secretary a certified copy of the corrected, 
amended or supplemented record upon blanks to be pro- 
vided by him, and the state secretary shall thereupon cor- 
rect, amend or supplement the record in his office. Refer- 
ence to the record of the affidavit or such decree shall be 
made by the clerk on the margin of the original record. If 
the clerk furnishes a copy of such a record, he shall certify 
to the facts contained therein as corrected, amended or sup- 
plemented ; except that the clerk shall, upon proper judicial 
order, or when requested by a person seeking his own birth 
record, or by a person whose official duties, in the opinion 
of the clerk, entitle him to the information contained in the 
original record, furnish a copy of such original record. Such 



1 



Acts, 1941. — Chaps. 51, 52. 41 

affidavit, or a certified copy of the record of any other town 
or of a written statement made at the time by any person 
since deceased required by law to furnish evidence thereof, 
may, in the discretion of the clerk, be made the basis for 
the record of a birth, marriage or death not previously re- 
corded, and such copy of record may also be made the basis 
for completing the record of a birth, marriage or death not 
containing all the required facts. 

Approved February 28, 1941. 

An Act requiring records of death of war veterans QJiQrf 51 

TO STATE THE WAR IN WHICH SUCH VETERAN SERVED. 

Be it enacted, etc., as follows: 

Section one of chapter forty-six of the General Laws, as g. l. (Ter. 
amended by section one of chapter two hundred and eighty ^tc'^ 'amended 
of the acts of nineteen hundred and thirty-three, is hereby 
further amended by inserting after the word "any" in the 
twenty-seventh line, as appearing in the Tercentenary Edi- 
tion, the words : — , and if deceased served in the army, 
navy or marine corps of the United States in any war in 
which it has been engaged, a designation of said war, — so 
that the fourth paragraph, as so appearing, will read as 
follows:. — 

In the record of deaths, date of record, date of death. Death records 
name of deceased, sex, color, condition (whether single, wid- to state^war in* 
owed, married or divorced), supposed age, residence, occu- ^^°^^®*"*'^ 
pation, place of death, place of birth, names and places of 
birth of the parents, maiden name of the mother, disease 
or cause of death, defined so that it can be classified under 
the international classification of causes of death, place of 
burial, name of the cemetery, if any, and if deceased served 
in the army, navy or marine corps of the United States in 
any war in which it has been engaged, a designation of said 
war, and if deceased was a married or divorced woman or a 
widow, her maiden name and the name of her husband. 
The word "residence", as used in this section, shall be held 
to include the name of the street and number, if any, of 
the house. Approved February 28, 1941. 

An Act relative to the qualification of applicants Chap. 52 

FOR registration AS PHARMACISTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and twelve of the g. l. (Ter. 
General Laws is hereby amended by striking out section f24,'e\a' 
twenty-four, as most recently amended by section one of amended, 
chapter three hundred and forty-three of the acts of nine- 
teen hundred and thirty-seven, and inserting in place thereof 
the following: — Section 24. A person who desires to do Examination 
business as a pharmacist shall, upon payment of five dollars uonol^hlrai- 
to the board of registration in pharmacy, herein and in see- *°»«<»- 



42 Acts, 1941.— Chap. 53. 

tions twenty-five to forty-two, inclusive, called the board, 
be entitled to examination; provided, that he shall have 
been graduated from a school or college of pharmacy ap- 
proved by the board and the commissioner of education. If 
any such person is found qualified on examination, he shall 
be registered as a pharmacist, and shall receive a certificate 
signed by the president and secretary of the board. Any 
person faihng to pass such examination shall upon request 
be re-examined, after the expiration of three months, at any 
regular meeting of the board, upon payment of five dollars. 
The board may grant certificates of registration as assist- 
ants after examination upon the terms above named, and 
such certificates shall entitle the holder thereof to all the 
privileges of a registered pharmacist during the temporary 
absence of the latter, which absence shall be not more than 
six hours in any one period of twenty-four consecutive hours; 
provided, that, upon application to the board, such an as- 
sistant may be permitted to exercise the privileges of a 
registered pharmacist for such further period as the board 
shall determine. No such certificate as assistant shall allow 
the holder thereof to engage in the drug business on his own 
account or as a manager to conduct a pharmacy or drug 
store. The board may grant certificates of registration to 
such persons as shall furnish with their applications satis- 
factory proof that they have been registered by examina- 
tion in some other state; provided, that such other state shall 
require a degree of competency equal to that required of 
applicants in this commonwealth. Every such apphcant 
for registration as a registered pharmacist shall pay to the 
secretary of the board twenty-five dollars at the time of 
filing his application. No such certificate shall be granted 
until the person applying therefor shall have signified his 
intention of acting under the same in this commonwealth. 
No certificate shall be granted under this section unless the 
applicant shall have submitted evidence satisfactory to the 
board that he is a citizen of the United States. 

Effective SECTION 2. This act shall take effect on January first, 

^^^^- nineteen hundred and forty-five. 

Approved February 28, 1941. 



Chap. 53 An Act relative to changes of location by railroad 

CORPORATIONS. 

Be it enacted, etc., as follows : 

G. L. (Ter. Scctiou cighty-five of chapter one hundred and sixty of 

5^85,'amended. the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by inserting after the word "rail- 
road" in the fourth line the words: — or for any other law- 
Direction of ful purpose, — so as to read as follows : — Section 85. A 
beTvaried. railroad corporation, with the written approval of the de- 
partment, obtained upon petition, and after notice to all 
persons interested, and a hearing, may, for the purpose of 



Acts, 1941. — Chaps. 54, 55. 43 

improving the alignment of its railroad or for any other 
lawful purpose, change its location, subject to the provisions 
of this chapter relative to the fixing of the route of rail- 
roads, and may take land for such new location by eminent 
domain under chapter seventy-nine. 

Approved February 28, 1941. 



An Act prohibiting unlawful injury to or interfer- QJidrf 54 

ENCE with the TRACKS, OR UNLAWFUL INJURY TO, IN- 
TERFERENCE WITH, OR UNLAWFUL OPERATION OF THE 
CARS, OF RAILROAD CORPORATIONS. 

Be it enacted, etc., as follows: 

Section one hundred and three of chapter one hundred Sj^-,^Tg®'"- 
and fifty-nine of the General Laws, as most recently amended § los. etc., 
by chapter ten of the acts of nineteen hundred and thirty- *'«®'»'i««^' 
three, is hereby further amended by inserting after the 
article "a" in the ninth hne the words: — railroad cor- 
poration or, — so as to read as follows: — Section 103. injury to 
Whoever unlawfully and intentionally injures, molests or^'^"*^'^°' 
destroys any signal of a railroad corporation or railway com- 
pany, or any line, wire, post or other structure or mechan- 
ism used in connection with such signal, or prevents or in 
any way interferes with the proper working of such signal, 
or whoever unlawfully and intentionally injures, molests, 
meddles or tampers with or destroys a track or car or any 
part, appliance or appurtenance thereof, of a railroad cor- 
poration or railway company, or the mechanism or appara- 
tus used in the operation of any such car, or whoever 
without right operates any such car or any mechanism or 
appUance thereof, shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more 
than two years, or both. Approved February 28, 1941. 



An Act authorizing the placing under the civil serv- (Jfidr^ 55 

ICE OF THE OFFICES AND POSITIONS OF EMPLOYEES OF THE 
electric LIGHT DEPARTMENT OF THE TOWN OF HULL. 

Be it enacted, etc., as follows: 

Section 1. The offices and positions of all employees, 
including the manager, of the electric light department of 
the town of Hull shall, upon the effective date of this act, 
become subject to the civil service laws, and the rules and 
regulations made thereunder. The incumbent of every such 
office and position on said effective date shall be subjected 
to a non-competitive qualifying examination for such office 
or position by the division of civil service of the department 
of civil service and registration. If such an incumbent 
passes said examination, he shall be certified for said office 
or position and shall be deemed to be permanently appointed 
thereto without serving any probationary period, and his 



44 Acts, 1941. — Chap. 56. 

tenure of office, as well as the tenure of office of any subse- 
quent incumbent of said office or position, shall be unHm- 
ited, subject, however, to the provisions of said civil service 
laws. If such an incumbent does not pass such non-com- 
petitive qualifying examination, he may continue to serve 
in said office or position, but shall not be subject to the 
provisions of said civil service laws. 

Section 2. This act shall be submitted for acceptance 
to the voters of the town of Hull at the annual town meeting 
in the current year in the form of the following question 
which shall be placed upon the official ballot to be used for 
the election of town officers at said meeting: — "Shall an 
act passed by the general court in the year nineteen hundred 
and forty-one, entitled, 'An Act authorizing the placing un- 
der the Civil Service of the offices and positions of employees 
of the electric light department of the town of Hull,' 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 28y 1941. 



Chap. 56 An Act authorizing the question of the fixing of the 

TERM OF office OF THE SELECTMEN OF THE TOWN OF 
WAKEFIELD TO BE PLACED UPON THE OFFICIAL BALLOT TO 
BE USED AT THE ANNUAL TOWN MEETING OF NINETEEN 
HUNDRED AND FORTY-TWO. 

Be it enacted, etc., as follows: 

There shall be submitted to the registered voters of the 
town of Wakefield at the annual town meeting in the year 
nineteen hundred and forty-two the following question, 
which shall be placed upon the official ballot to be used in 
the several precincts for the election of town officers at said 
meeting: — "Shall this town elect at its annual town meet- 
ing in the year nineteen hundred and forty-three two select- 
men for three years, two for two years and one for one 
year, and elect at each annual town meeting 
thereafter in place of those selectmen whose 
terms are about to expire an equal number of 
selectmen, each to serve for three years? " 

If a majority of the votes in answer to said question is 
in the affirmative, said town shall elect at its annual town 
meeting in the year nineteen hundred and forty-three two 
selectmen for three years, two for two years and one for 
one year, and shall elect at each annual town meeting there- 
after in place of those selectmen whose terms are about to 
expire an equal number of selectmen, each to serve for three 
years. Approved February 28, 19^1. 



YES. 




NO. 





Acts, 1941. — Chaps. 57, 58, 59. 45 



An Act relative to the sale within the commonwealth Chap. 57 
OF articles of bedding and upholstered furniture 
manufactured without the commonwealth. 

Be it enacted, etc., as follows: 

Section two hundred and seventy D of chapter ninety- g. l. (Ter. 
four of the General Laws, inserted by chapter three hun- §2760!' 
dred and fifty-one of the acts of nineteen hundred and repealed, 
thirty-nine, is hereby repealed. 

Approved February 28, 1941. 



An Act to extend the time within which cities and (Jhav 58 

TOWNS MAY expend MONEY IN COOPERATION WITH THE 
federal government, in UNEMPLOYMENT RELIEF AND 
OTHER PROJECTS OF BENEFIT TO SUCH CITIES AND TOWNS, 
PRIOR TO THE PASSAGE OF THE ANNUAL BUDGET. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty of the acts of nineteen 
hundred and thirty-eight is hereby amended by striking out 
section two and inserting in place thereof the following sec- 
tion : — Section 2. This act shall not be operative after 
July first, nineteen hundred and forty-five. 

Approved March 1, 1941. 



An Act regulating containers used in the sale of Qhav. 59 

CERTAIN commodities. 

Be it enacted, etc., as follows: 

Chapter ninety-eight of the General Laws is hereby g. l. (Ter. 
amended by striking out section twenty-two, as amended §22, etc., 
by section nineteen A of chapter two hundred and sixty-one amended, 
of the acts of nineteen hundred and thirty-nine, and insert- 
ing in place thereof the following: — Section 22. Paper Cartons for 
or fibre cartons which are used for the sale by meas- ^sco°u8, etc., 
ure of viscous or semi-soHd commodities or mixtures of yg'^^tfj*'®^' 
solids and liquids shall contain and shall be sold as con- 
taining one gill, one half pint, one pint, one quart, two 
quarts, one gallon, two and one half gallons, and multiples 
of the gallon, Massachusetts standard Uquid measure. Such 
cartons shall be of such shape and dimensions as may be 
approved by the director. Whenever the shape and dimen- 
sions of any such carton have been so approved, the director 
may authorize the manufacturer to have printed thereon a 
statement of its capacity in terms of Massachusetts stand- 
ard liquid measure and with such other words and marking 
as the director may require. Such cartons shall be legal 
measure only for such commodities as may be designated 
by the director and shall be exempt from the laws requir- 
ing the seahng of measures. Approved March 1, 1941. 



46 



Acts, 1941. — Chaps. 60, 61. 



Chap. 60 An Act relative to the location of scales and other 

WEIGHING DEVICES USED IN WEIGHING FOOD SOLD AT RE- 
TAIL BY WEIGHT. 



Be it enacted, etc., as follows: 

Chapter ninety-eight of the General Laws is hereby 
amended by inserting after section fifty-six, as amended, 
the following new section: — Section 56 A. A scale or other 
weighing device, when used in weighing in the presence of 
of "food, use of , the purchaser food sold at retail by weight, shall be so 
reguate . placed that its weight indications may be accurately read, 
and the weighing operation observed, by such purchaser. 

Approved March 1, 1941. 



G. L. (Ter. 
Ed.). 98, new 
BBction 56A, 
inserted. 

Scales, etc., 
used in sale 



G. L. (Ter. 
Ed.), 210, §3, 
amended. 



Consent of 
parents, etc., 
in certain 
adoption 
cases. 



Chav. 61 An Act relative to the consent of parents and others 

TO the adoption of CHILDREN. 

Be it enacted, etc., as follows: 

Section three of chapter two hundred and ten of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in the sixth line, the words 
"the state prison or in a house of correction" and inserting 
in place thereof the words : — any penal institution, — and 
by striking out, in the tenth and in the eleventh hnes, the 
words "two years" and inserting in place thereof, in each 
instance, the words: — one year, — so as to read as fol- 
lows : — Section 3. The consent of the persons named in 
the preceding section, other than the child or her husband, 
if any, shall not be required if the person to be adopted is 
of full age, nor shall the consent of any such person other 
than the child be required if such person is adjudged by 
the court hearing the petition to be hopelessly insane, or is 
imprisoned in any penal institution in this commonwealth 
under sentence for a term of which more than three years 
remain unexpired at the date of the petition; or if he has 
wilfully deserted and neglected to provide proper care and 
maintenance for such child for one year last preceding the 
date of the petition; or if he has suffered such child to be 
supported for more than one year continuously prior to the 
petition by an incorporated charitable institution or by a 
town or by the commonwealth; or if he has been sentenced 
to imprisonment for drunkenness upon a third conviction 
within one year and neglects to provide proper care and 
maintenance for such child; or if such person has been con- 
victed of being a common night walker or a lewd, wanton 
and lascivious person, and neglects to provide proper care 
and maintenance for such child. A giving up in writing of 
a child, for the purpose of adoption, to an incorporated 
charitable institution shall operate as a consent to any 
adoption subsequently approved by such institution. No- 
tice of the petition shall be given to the department of 



Acts, 1941. — Chaps. 62, 63. 47 

public welfare, if the child is supported by a town or by 
the commonwealth, and if the child is supported by a town, 
notice shall also be given to the board of public welfare 
thereof, and in Boston said notice shall be given both to 
the overseers of the public welfare in the city of Boston and 
to the institutions department. Approved March 1, 1941. 



An Act further providing for the payment of the QJiq^j) g2 

ESTIMATED COST FOR THE DRAINAGE OF THE LOW LANDS 
ADJACENT TO LAKE QUANNAPOWITT IN THE TOWN OF 
READING. 

Be it enacted, etc., as follows: 

Section 1, Chapter four hundred and fifty-eight of 
the acts of nineteen hundred and thirty-nine is hereby 
amended by striking out section four and inserting in place 
thereof the following: — Section 4- The total cost of the 
work authorized by this act shall not exceed one hundred and 
twenty-five thousand dollars. The town of Reading shall 
pay into the state treasury the initial sum of ten thousand 
dollars, which sum shall constitute a fund for the improve- 
ments hereinbefore authorized, and be used, without further 
appropriation by the general court, in part for the necessary 
engineering service, surveys and the design of the proposed 
drainage system, but no construction work under authority 
of this act shall be commenced until the department shall 
have held a public hearing, duly advertised, and until there 
shall have been paid into the state treasury by said town 
such further sum, which shall be added to said fund, as shall 
be estimated by the department to be sufficient to cover 
that part of the cost of such construction to be paid from 
funds other than those that may be allotted by the federal 
government for such project; and thereafter there shall be 
paid into the state treasury by said town from time to time 
such further sum or sums, which shall be added to said 
fund, as may be determined by the department to be neces- 
sary for such project. Any surplus of said fund remaining 
after the completion of the work authorized by this act 
shall be refunded by the state treasurer to said town. Such 
fund may be expended, without further appropriation by 
the general court, in co-operation with the federal govern- 
ment in unemployment relief and other projects as may be 
determined by the department. 

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

Approved March 7, 1941. 

An Act authorizing the leasing to the united states Chav 63 

OF AMERICA, FOR NATIONAL DEFENCE PURPOSES, OF CER- 
TAIN AREAS IN CERTAIN STATE FORESTS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which, in view of the present national p'"^*"**'^^ 



48 Acts, 1941. — Chap. 64. 

emergency, is to make available at once to the United States 
of America certain state forest lands and buildings for military 
uses, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience and safety. 

Be it enacted, etc., as follows: 

The commissioner of conservation, in the name of the 
commonwealth and subject to the approval of the governor 
and council, is hereby authorized to lease to the United 
States of America, by one or more instruments approved as 
to form by the attorney general, for defence purposes during 
the present national emergency only, the camp site, and 
buildings thereon, now or formerly used by the Civilian Con- 
servation Corps within the limits of the Spencer state forest, 
and the camp site formerly used by said corps within the 
limits of the Warwick state forest. 

Approved March 8, 1941- 



Chap. 64 -^N ^^^ AUTHORIZING THE TOWN OF PLYMOUTH TO BOR- 
ROW MONEY FOR THE PURPOSE OF IMPROVING PLYMOUTH 
HARBOR. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of meeting the share of the 
town of Plymouth of the cost of the work of improving 
Plymouth harbor, by dredging and otherwise, said work to 
be done by said town itself, or by said town in co-operation 
with the federal government and the state department of 
public works, or either of them, the said town of Plymouth 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, twenty-five thousand dol- 
lars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Plymouth Harbor Improve- 
ment Loan, Act of 1941. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be paid in not 
more than five years from their dates, but no issue shall be 
authoriz;ed under this act unless a sum equal to an amount 
not less than ten per cent of such authorized issue is voted 
for the same purpose to be raised by the tax levy of the year 
when authorized. Indebtedness incurred under this act 
shall be inside the statutory Hmit, and 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 2. This act shall take effect upon its passage. 

Approved March 8, 1941. 



Acts, 1941. — Chaps. 65, 66. 49 



An Act regulating the use of receipts from the sale Chap 65 

BY cities and towns OF FEDERAL SURPLUS COMMODITY 

stamps. 

Whereas, It is necessary, in order to comply with the laws Emergency 
relative to the preparation and adoption of budgets, that preamble, 
the provisions of this act shall become effective immediately, 
and as the deferred operation of this act would tend to de- 
feat such purpose, therefore this act is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Money received by a city or town from the sale of Federal 
surplus commodity stamps obtained from the federal gov- 
ernment shall be set aside as a separate fund and may be 
expended, under the direction of the mayor in a city or of 
the selectmen in a town, or by the person or department desig- 
nated by the mayor or selectmen, as the case may be, with- 
out appropriation, for the purpose of purchasing additional 
Federal surplus cominodity stamps and for no other pur- 
pose, notwithstanding the provisions of section fifty-three 
of chapter forty-four of the General Laws; provided, that 
at such time as a city or town abandons or discontinues the 
operation of the Federal Surplus Commodity Stamp Plan, 
so called, any balance then remaining in such fund may be 
appropriated for pubUc welfare, including in such term old 
age assistance and aid to dependent children, soldiers' bene- 
fits including state aid, miHtary aid, soldiers' burials and 
soldiers' relief. Approved March 8, 1941. 

An Act authorizing the town of north reading to (JJiav 66 

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 such building, the town of North Reading 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, fifty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, North Reading School Building Loan, Act 
of 1941. 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, ex- 
cept as herein provided, be subject to chapter forty-four of 
the General Laws, exclusive of the hmitation contained in 
the first paragraph of section seven thereof. 

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

Approved March 8, 1941. 



50 Acts, 1941. — Chaps. 67, 68. 



Chap. 67 An Act authorizing the city of haverhill to offer a 

SUBSTANTIAL REWARD FOR INFORMATION CONCERNING THE 
SETTING OF THE TWO RECENT FIRES IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The municipal council of the city of Haver- 
hill, if in its opinion the public good so requires, may offer 
a suitable reward of not more than five thousand dollars, 
to be paid by said city to any person who, in consequence 
of such offer, shall furnish information that shall lead to 
the arrest and conviction of any person who set or caused 
to be set either or both of the two fires which occurred in 
said city on February twenty-seventh of the current year. 
If more than one claimant applies for the payment of such 
reward, said council shall determine to whom it shall be 
paid, and if to more than one person, in what proportion 
to each, and said determination shall be final. 

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

Approved March 8, 1941. 

Chap. 68 An Act providing that vacancies in the board of 

WATER commissioners IN THE TOWN OF HAMILTON SHALL 
BE FILLED IN THE MANNER PROVIDED BY GENERAL LAW. 

• Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter one hundred and 
twenty-two of the acts of nineteen hundred and two is 
hereby amended by striking out the last sentence, — so as 
to read as follows : — Section 1 1 '. Said town shall after the 
acceptance of this act, at a legal meeting called for the pur- 
pose elect by ballot three persons to hold office, one until 
the expiration of three years, one until the expiration of 
two years and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a board 
of water commissioners, and at each annual town meeting 
thereafter one such commissioner shall be elected by ballot 
for a term of three years. All the authority granted to the 
town by this act and not otherwise specially provided for 
shall be vested in said board of water commissioners, who 
shall be subject however to such instructions, rules and 
regulations as said town may impose by its vote. The said 
commissioners shall be trustees of the sinking fund herein 
provided for and a majority of said commissioners shall 
constitute a quorum for the transaction of business relative 
both to the water works and to the sinking fund. 

Section 2. From and after the effective date of this 
act, vacancies in the board of water commissioners in the 
town of Hamilton shall be filled in the manner provided by 
section eleven of chapter forty-one of the General Laws. 

Approved March 8, 1941. 



Acts, 1941. — Chaps. 69, 70. 51 



An Act providing further for the identification of Chap. 69 

CRIMINALS. 

Be it enacted, etc., as follows: 

Section twenty-three of chapter one hundred and twenty- g. l. (Ter. 
seven of the General Laws, as appearing in the Tercente- amended.' * ^^' 
nary Edition, is hereby amended by striking out, in the 
second and third Hnes, the words "larceny or any felony" 
and inserting in place thereof the words : — any crime, — 
so as to read as follows : — Section 23. The officer in charge Measure- 
of a penal institution to which a person is committed un- f^rldenUfica- 
der a sentence of imprisonment for any crime shall, unless t'on- 
the court otherwise orders, take or cause to be taken his 
name, age, height, weight, photograph and general descrip- 
tion and copies of his finger prints in accordance with the 
finger print system of identification of criminals. The court 
may order to be taken the photograph and the aforesaid 
description and finger prints of a person convicted of a fel- 
ony who is not committed to a penal institution. All such 
photographs and identifying matter shall be transmitted 
forthwith to the commissioner of public safety. 

Ap'proved March 8, 1941. 



An Act relative to the powers of certain special Chap. 70 
state police officers to serve warrants. 

Be it enacted, etc., as follows: 

Section one hundred and twenty-seven of chapter one o. l. (Ter. 
hundred and twenty-seven of the General Laws, as amended f ^27/eu:' , 
by chapter seventy-one of the acts of nineteen hundred amended. ' 
and thirty-eight, is hereby further amended by inserting 
after the word "by" in the sixth fine the words: — the 
governor or, — so as to read as follows: — Section 127. The Special state 
governor, upon the written recommendation of the commis- and^dutiS""^" 
sioner, may appoint any agent or employee of the depart- 
ment of correction or any employee of any penal institu- 
tion a special state poHce officer for a term of three years, 
unless sooner removed. Officers so appointed may serve 
warrants issued by the governor or the parole board and 
orders of removal or transfer of prisoners issued by the 
commissioner and warrants issued by any court or trial 
justice in the commonwealth for the arrest of a person 
charged with the crime of escape or attempt to escape from 
a penal institution or from the custody of an officer while 
being conveyed to or from any such institution, and may 
perform police duty about the premises of penal institutions. 

Approved March 8, 1941. 



52 



Acts, 1941. — Chaps. 71, 72, 73. 



Chap. 71 An Act penalizing persons who falsely assume or 

PRETEND TO BE INSPECTORS OR INVESTIGATORS OF THE 
DEPARTMENT OF PUBLIC UTILITIES. 

Be it enacted, etc., as follows: 

Section thirty-three of chapter two hundred and sixty- 
eight of the General Laws, as amended by section forty-four 
of chapter four hundred and forty of the acts of nineteen 
hundred and thirty-five, is hereby further amended by 
inserting, in the sixth fine, after the word "vehicles" the 
words: — , or inspector or investigator of the department 
of pubhc utihties, — so as to read as follows : — Section S3. 
Whoever falsely assumes or pretends to be a justice of the 
peace, notary public, sheriff, deputy sheriff, medical ex- 
aminer, associate medical examiner, constable, police officer, 
probation officer, or examiner or investigator appointed by 
the registrar of motor vehicles, or inspector or investigator 
of the department of pubhc utilities, or investigator or other 
officer of the alcoholic beverages control commission, and 
acts as such or requires a person to aid or assist him in a 
matter pertaining to the duty of such officer, shall be pun- 
ished by a fine of not more than four hundred dollars or by 
imprisonment for not more than one year. 

Approved March 8, 1941- 



G. L. (Ter. 
Ed.), 268. 
i 33, etc., 
amended. 



Falsely assum- 
ing to be 
notary public, 
or certain 
other officers. 



Penalty. 



Chap. 72 An Act increasing the amount that may be appropri- 
ated BY A TOWN FOR THE ESTABLISHMENT AND MAINTE- 
NANCE OF A FREE HOSPITAL BED FOR NEEDY RESIDENTS. 

Be it enacted, etc., as follows: 

Section seventy-four of chapter one hundred and eleven 
of the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out, in the second fine, 
the words "five hundred" and inserting in place thereof the 
words : — one thousand, — so as to read as follows : — Sec- 
tion 74. Any town not maintaining or managing a hospital 
may annually appropriate a sum not exceeding one thou- 
sand dollars, to be paid to a hospital established in such 
town or in the vicinity thereof, for the establishnient and 
maintenance of a free bed in the hospital for the care and 
treatment of persons certified by the selectmen to be resi- 
dents of the town and unable to pay for such care and 
treatment. This section shall not apply to cities. 

Approved March 8, 1941' 



G. L. (Ter. 

Ed.), 111. 

§ 74, amended. 



Certain towns 
may appro- 
priate money 
to be paid to 
hospitals for 
reception of 
certain persons. 



Chap. 73 An Act eliminating the limitation on the total 

VALUE of OUTSTANDING PAID-UP SHARES OF CO-OPERA- 
TIVE BANKS. 

Be it enacted, etc., as follows: 

G.h. (Ter. Scctiou twclve of chapter one hundred and seventy of 

§ i!2,' etc.," the General Laws, as most recently amended by chapter 

amended. 



Acts, 1941. — Chaps. 74, 75. 53 

one hundred and fifty-nine of the acts of nineteen hundred 
and thirty-eight, is hereby further amended by striking out 
the last sentence, — so as to read as follows: — Section 12. issue of 
The capital to be accumulated shall be unlimited and shall ^*^*''®*- 
be divided into shares of the ultimate value of two hundred 
dollars each. The shares may be issued in quarterly, half 
yearly or yearly series, in such amounts ^and at such times 
as the board of directors may determine.' Shares of a prior 
series may be issued after a new series, subject to the ap- 
proval of the board of directors. Paid-up shares may be 
issued, subject to the approval of the board of directors, 
each share to have a value of two hundred dollars, which 
shall be paid by the purchaser when the shares are issued, 
together with interest from the last distribution of profits 
at a rate fixed by the directors, but not in excess of the 
rate distributed to unmatured shares. 

Approved March 8, 194-L 

An Act authorizing the county of Middlesex to re- Qliar) 74 

IMBURSE CERTAIN COURT OFFICERS OF SAID COUNTY FOR 
CERTAIN LEGAL EXPENSES INCURRED BY THEM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the county of Middlesex may pay to Frederic F. 
Clauss, William M. Emerson, Gustavus E. Litchfield, Clar- 
ence M. McElroy, Samuel Miller, Frederick T. Peabody, 
Charles S. Robinson and George H. Stevens, court officers 
of said county, sums not exceeding, in the aggregate, seven 
hundred and fifty dollars, in such amounts as may be de- 
termined by the county commissioners of said county, to 
reimburse said court officers, respectively, for expenses in- 
curred by them for counsel fees in an action at law to de- 
termine whether or not they were members of the county- 
retirement system of said count}^ established under author- 
ity of law. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year, by the county commissioners 
of Middlesex county, but not otherwise. 

Approved March 8, 19If.l. 

An Act relative to the borrowing of money by co- Chap. 75 

operative banks for THE PURPOSE OF MAKING REAL 

estate loans. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws g. l. (Ter. 
is hereby amended by striking out section forty, as appear- f4o;itl*?,' 
ing in chapter one hundred and forty-four of the acts of amended.' 
nineteen hundred and thirty-three, and inserting in place 
thereof the following: — Section 40. Such corporation may Borrowing 
by a vote of at least three fifths of all its directors, with the °^ '^°^^^- 



64 



Acts, 1941. — Chaps. 76, 77. 



consent of the commissioner, borrow from any source to 
meet withdrawals, make loans on the shares of the corpora- 
tion or to make real estate loans. 

As security for a loan made under this section, the cor- 
poration may assign and pledge its real estate notes and 
mortgages and an}'- other securities. Every such loan shall 
constitute a debt which shall be satisfied, in case of liqui- 
dation of the affairs of the corporation, before any distri- 
bution of its assets to shareholders. 

Approved March 8, 1941. 



Chap. 76 An Act relative to the method of loaning funds by 

CO-OPERATIVE BANKS AND TO THE RATE OF INTEREST ON 
SUCH LOANS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws is 
hereby amended by striking out section twenty-three, as ap- 
pearing in chapter one hundred and forty-four of the acts 
of nineteen hundred and thirty-three, and inserting in place 
thereof the following: — Section 23. The funds accumu- 
lated, after due allowance for all necessary expenses and the 
payment of shares, may be loaned to qualified applicants at 
a rate of interest fixed by the directors, payable in monthly 
installments upon the amount loaned, except as otherwise 
provided in section twenty-eight. 

Approved March 8, 1941. 



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



Rate of 
interest on 
loans. 



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



Chap. 77 An Act relative to the providing of suitable bank 

BUILDINGS FOR CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section thirty-nine of chapter one hundred and seventy of 
the General Laws, as appearing in chapter one hundred and 
forty-four of the acts of nineteen hundred and thirty-three, 
is hereby amended by striking out, in the sixth line, the words 
" five per cent of its dues capital " and inserting in place thereof 
the words : — two and one half per cent of its share liabihties, 
— and by striking out, in the ninth fine, the words "one per 
cent of its dues capital" and inserting in place thereof the 
words : — one half of one per cent of its share liabilities, — 
so as to read as follows : — Section 39. Any such corpora- 
tion may, with the approval of the commissioner, invest a 
sum not exceeding its surplus and guaranty fund accounts 
in the purchase of a suitable site and the erection or prepa- 
ration of a suitable building for the convenient transaction of 
its business, but in no case exceeding two and one half per 
cent of its share liabilities or one hundred thousand dollars. 
Any such corporation may, with the approval of the com- 
missioner, expend a sum not exceeding one half of one per 
cent of its share liabilities for alterations in any building 



Bank 
buildings. 



Acts, 1941. — Chap. 78. 55 

leased by it for the transaction of its business, but in no case 
exceeding its surplus and guaranty fund accounts. 

Approved March 8, 1941. 



An Act authorizing the election by the directors of Chav. 78 

THE MUTUAL SAVINGS CENTRAL FUND, INC. OF AN EXECU- 
TIVE VICE PRESIDENT OF SAID CORPORATION, AND AUTHOR- 
IZING THE COMMISSIONER OF BANKS TO FURNISH CERTAIN 
INFORMATION TO SAID CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter forty-four of the acts 
of nineteen hundred and thirty-two is hereby amended by 
striking out the second sentence and inserting in place thereof 
the following sentence : — The president and vice presidents, 
except an executive vice president, shall be elected by and 
from the directors and the executive vice president, if any, 
the treasurer and the clerk shall be elected by the directors, 
— and by inserting after the word "officers" in the forty- 
sixth line the words : — , including an executive vice presi- 
dent, — so as to read as follows : — Section 2. The officers 
. of the corporation shall be a president, one or more vice 
presidents, a treasurer, a clerk and a board of fifteen directors, 
each of which directors shall first have quahfied as a cor- 
porator or officer of a member bank. The president and vice 
presidents, except an executive vice president, shall be elected 
by and from the directors and the executive vice president, 
if any, the treasurer and the clerk shall be elected by the 
directors. The directors shall be elected by the member 
banks of and by counties or districts as follows : — two from 
the county of Essex; two from the county of Middlesex; 
five from the county of Suffolk; two from a district composed 
of the counties of Barnstable, Bristol, Dukes county, Nan- 
tucket, Norfolk and Plymouth; two from the county of 
Worcester; one from the county of Hampden and one from 
a district composed of the counties of Berkshire, FrankHn 
and Hampshire. The first meetings to elect directors shall 
be held by the member banks of each of said counties or 
districts upon call as provided in section three. Subsequent 
meetings shall be held as provided in the by-laws adopted 
as hereinafter provided. At all meetings each member bank 
shall be represented by such person as its board of invest- 
ment shall designate, and each member bank shall have one 
vote for each ten million dollars or fraction thereof of regu- 
lar deposits as shown by its latest annual report to the com- 
missioner of banks, hereinafter referred to as the commis- 
sioner. At the first election held hereunder the directors 
shall be elected to serve until the first annual county and 
district meetings as fixed by said by-laws. At the first an- 
nual meetings held under such by-laws, in each county or 
district entitled to one director, such director shall be elected 
for a two year term, in each district or county entitled to 



56 Acts, 1941. — Chap. 79. 

two directors, one shall be elected for a one year term and 
one for a two year term, and thereafter each director shall 
be elected for a two year term. In the county of Suffolk, at 
the first annual meeting held under such- by-laws, two direc- 
tors shall be elected for one year terms and three for two 
year terms, and thereafter each director shall be elected for 
a two year term. The directors may adopt by-laws for the 
conduct of the business of the corporation and by such by- 
laws may provide for and fix the time and place of all meet- 
ings of the corporation and of the directors, define the duties 
of the officers, establish an executive committee of not less 
than five nor more than seven directors with such powers as 
the board of directors shall determine, and may provide for 
such other officers, including an executive vice president, 
and committees as they deem advisable. The directors may 
fill vacancies in the board until the next elections. The 
board of directors shall have full control of the business of 
the corporation. 

Section 2. Chapter forty-three of the acts of nineteen 
hundred and thirty-four is hereby amended by striking out 
section nine and inserting in place thereof the following: — 
Section 9. The directors of the corporation may make such 
rules and regulations, subject to the approval of the com- 
missioner, as they may deem necessary in order to carry out 
the provisions of this act, and for the purposes of this act 
the commissioner may confer and advise with the directors 
and may furnish them such information, records, statements 
and reports of examination or copies therecJf, relating to 
any member bank, as the directors may request. 

Approved March 8, 1941. 



Chap. 79 An Act relative to charges against contingent funds 
IN credit unions in case of death of borrowers in 

CERTAIN cases. 

Be it enacted, etc., as follows: 

Ed^ivr* Chapter one hundred and seventy-one of the General 

§ 19A, etc.. Laws is hereby amended by striking out section nineteen A, 
amended. inserted by chapter two hundred and thirty-nine of the acts 

of nineteen hundred and thirty-eight, and inserting in place 
fiind*i°ft^* thereof the following: — Section 19 A. The by-laws of a 
credit union may provide that upon the death of a member 
who is a borrower by means of a personal loan upon his 
note, whether or not there are any endorsers or co-makers 
thereon, but otherwise unsecured, the liability upon such 
loan shall cease with respect to the unpaid balance of such 
loan and any loss thereon may be charged to a contingent 
fund, which fund shall be created and thereafter main- 
tained by such credit union by contributions from undi- 
vided earnings, current earnings or from the borrowers, as 
determined by the board of directors; provided, that the 
operation of such a provision of the by-laws shall not, in 



Acts, 1941. — Chaps. 80, 81. 57 

any calendar year, result in charges to the contingent fund 
in excess of ten per cent of the guaranty fund in addition 
to the unexpended balance of contributions by borrowers. 
Each charge to the contingent fund shall be reported within 
ten days thereafter to the commissioner, who may make 
such order regarding the operation of the contingent fund 
as he may deem advisable. Approved March 8, 1941- 

An Act extending the time during which an act Chap. 80 

AUTHORIZING THE TOWN OF WRENTHAM TO RECEIVE AND 
ADMINISTER THE PROPERTY OF THE WRENTHAM CEMETERY 
CORPORATION MAY BE ACCEPTED BY SAID TOWN. 

Be it enacted, etc., as follows: 

Chapter twenty-five of the acts of nineteen hundred and 
thirty-nine is hereby amended by striking out section four 
and inserting in place thereof the following : — Section 4- 
This act shall take full effect upon its acceptance by a 
majority of the registered voters of the town of Wrentham, 
voting thereon at any annual town meeting, or at any spe- 
cial town meeting called for the purpose, held prior to the 
year nineteen hundred and forty-seven. 

Approved March 8, 19^1. 

An Act authorizing the issuance by the licensing Q}iap, 81 

AUTHORITY OF ANY CITY OR TOWN. OF SPECIAL LICENSES 
TO PERSONS NOT INHABITANTS THEREOF TO BE AUCTION- 
EERS THEREIN IN THE CASE OF THE CONDUCT OF CERTAIN 
SALES. 

Be it enacted, etc., as follows: 

Chapter one hundred of the General Laws is hereby g. l. (Ter. 
amended by striking out section two, as appearing in the amend^.' ^ ^' 
Tercentenary Edition, and inserting in place thereof the 
following : — Section 2. The licensing authority of any town issue, revoca- 
may, upon payment of a license fee of two dollars to such auctioneers'^ 
town, hcense any suitable inhabitant thereof, who has resided licenses. 
therein during the six months next preceding the application 
for such license, to be an auctioneer therein for one year. 
The licensing authority of any town may, upon payment of 
the license fee hereinafter provided, issue a special license to 
any person not such an inhabitant, to be an auctioneer 
therein, for days specified in the license, in the sale of real 
estate, livestock and general farm equipment and produce. 
The fee for such a special license shall be five dollars for 
each of the days specified in the license as aforesaid. Said 
licensing authority may for any cause deemed satisfactory, 
and without a hearing, revoke or suspend any license issued 
under authority of this section. Such licenses shall be 
signed, in Boston by the police commissioner, elsewhere by 
the town clerk, and shall be recorded in a book kept for that 
purpose. Approved March 10, 1941. 



58 



Acts, 1941. — Chaps. 82, 83, 84. 



Chap. 82 An Act authorizing the county of dukes county to 

PURCHASE A certain BUILDING ERECTED AND STANDING 
ON LAND OWNED BY SAID COUNTY IN GAY HEAD. 

Be it enacted, etc., as follows: 

Section 1. The county of Dukes county is hereby author- 
ized to purchase a building standing on land owned by said 
county in Gay Head, and for said purpose may expend a 
sum not exceeding four thousand dollars. The county com- 
missioners of said county are hereby authorized to levy said 
sum as a part of the county tax of said county for the cur- 
rent year in the manner provided by law. 

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

Approved March 11, 1941- 



Chap. 83 An Act relative to borrowings by cities and towns 

OUTSIDE THE DEBT LIMIT FOR THE PURPOSE OF DEVELOP- 
ING ADDITIONAL SOURCES OF WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section eight of chapter forty-four of the General Laws, 
as most recently amended by chapter four hundred and 
fifty-seven of the acts of nineteen hundred and thirty-nine, 
is hereby further amended by striking out paragraph five, 
as appearing in the Tercentenary Edition, and inserting 'in 
place thereof the following : — 

(5) For laying and relaying water mains of not less than 
six inches but less than sixteen inches in diameter and for 
the development of additional well fields, including wells, 
pipes, and original pumping station equipment, fifteen years. 

Approved March 11, 19^1- 



G. L. (Ter. 
Ed.), 44, §8, 
etc., amended. 



Borrowings 
for water 
mains, etc. 



Chap. 84 An Act relative to the validity of tax titles and 

CERTAIN PROCEEDINGS IN CONNECTION THEREWITH. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-seven of chapter sixty of the 
General Laws, as most recently amended by chapter one 
hundred and forty-six of the acts of nineteen hundred and 
thirty-six, is hereby further amended by striking out the 
last sentence and inserting in place thereof the following : — 
No tax title and no item included in a tax title account shall 
be held to be invalid by reason of any error or irregularity 
which is neither substantial nor misleading, whether such 
error or irregularity occurs in the proceedings of the collec- 
tor or the assessors or in the proceedings of any other official 
or officials charged with duties in connection with the estab- 
lishment of such tax title or the inclusion of such item in the 
tax title account. 



G. L. (Ter. 
Ed.), 60, §37, 
etc., amended. 



Validity of 
certain tax 
titles. 



Acts, 1941. — Chaps. 85, 86. 59 

Section 2. This act shall apply to all tax titles estab- ^f^^l^^'°'' 
lished on or after its effective date and to items included in 
tax title accounts of tax titles so established. 

Approved March 11, 1941- 



An Act eelating to the recording of notices of certain Chap. 85 

LEASES. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty-three of the General ^^^- (Jl"^-. ^ 
Laws is hereby amended by striking out section four, as amended.' 
appearing in the Tercentenary Edition, and inserting in 
place thereof the following : — Section 4- A conveyance of y^jg°*Q°| ^ 
an estate in fee simple, fee tail or for life, or a lease for more deed, etc. 
than seven years from the making thereof, shall not be 
valid as against any person, except the grantor or lessor, 
his heirs and devisees and persons having actual notice of 
it, unless it, or an office copy as provided in section thirteen 
of chapter thirty-six, or, with respect to such a lease, a 
notice of lease, as hereinafter defined, is recorded in the 
registry of deeds for the county or district in which the land 
to which it relates lies. A "notice of lease", as used in this 
section, shall mean an instrument in "writing executed by 
all persons who are parties to the lease of which notice is 
given and shall contain the following information with ref- 
erence to such lease: — the date of execution thereof and a 
description, in the form contained in such lease, of the 
premises demised, and the term of such lease, with the date 
of commencement of such term and all rights of extension 
or renewal. Approved March 11, 1941. 



An Act increasing the amount which a member bank Chap. 86 

MAY BORROW FROM THE CO-OPERATIVE CENTRAL BANK 
WITHOUT COLLATERAL. 

Be it enacted, etc., as follows: 

Section seven of chapter forty-five of the acts of nine- 
teen hundred and thirty-two is hereby amended by striking 
out the paragraph amended by chapter one hundred and 
thirty-six of the acts of nineteen hundred and thirty-five 
and inserting in place thereof the following paragraph : — 

The central bank may, in accordance with its by-laws, 
loan its funds to member banks only, and any loan so made 
shall constitute a debt against the borrowing member bank 
and, in the case of its liquidation, shall be satisfied before 
any distribution of its assets is made to shareholders. No 
member bank may borrow from the central bank in excess 
of ten per cent of its assets unless said loan is secured as 
required by the directors of the central bank. 

Approved March 11, 1941. 



60 



Acts, 1941. — Chaps. 87, 88, 89. 



Chap. 87 An Act for the establishment of a county forest in 

THE COUNTY OF DUKES COUNTY. 

Be it enacted, etc., as follows: 

The county of Dukes County, acting by its county com- 
missioners, may acquire by purchase, gift or bequest lands 
- for the purpose of forestation and may reclaim and plant 
such lands. Approved March 11, 1941. 



Chap. 88 



G. L. (Ter. 

Ed.), 184. 

§ 15, amended. 



Proceedings 
affecting title 
to realty 
binding on 
third parties, 
etc. 



Effective 
date. 



An Act relative to the contents and the recording 
IN registries of deeds of memoranda relative to 

PROCEEDINGS UNDER EQUITY JURISDICTION IN PROBATE 
courts AFFECTING TITLE TO REAL ESTATE BINDING ON 
THIRD PARTIES. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter one hundred and 
eighty-four of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by inserting after the 
word "proceedings" in the twelfth line the following: — 
, other than proceedings under equity jurisdiction, — so as 
to read as follows: — Section 15. A writ of entry or other 
proceeding, either at law or in equity, which affects the title 
to real property or the use and occupation thereof or the 
buildings thereon, shall not have any effect except against 
the parties thereto, their heirs and devisees and persons 
having actual notice thereof, until a memorandum contain- 
ing the names of the parties to such proceeding, the court 
in which it is pending, the date of the writ or other com- 
mencement thereof, the name of the town where the real 
property liable to be affected thereby lies and a description 
of such real property sufficiently accurate for identification 
is recorded in the registry of deeds for the county or district 
where such real property Hes; but this section shall not 
apply to attachments, levies of execution or proceedings, 
other than proceedings under equity jurisdiction, in the 
probate courts. 

Section 2. This act shall take effect on July first in the 
current year. Approved March 11, 1941. 



Chap. 89 An Act authorizing the recording of certified copies 
OF petitions, decrees and orders filed or made 

PURSUANT to the FEDERAL BANKRUPTCY ACT OF 1898, AS 
AMENDED BY THE FEDERAL BANKRUPTCY ACT OF 1938, SO 
AS TO MAKE SECTION TWENTY-ONE G THEREOF EFFECTIVE 
IN THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

EdV'36^new Chapter thirty-six of the General Laws is hereby amended 
section 24A, by inserting after section twenty-four, as appearing in the 
added. Tercentenary Edition, the following new section : — Section 



Acts, 1941. — Chaps. 90, 91. 61 

S4A. At any time after a petition in bankruptcy is jBled, petufo'^^to 
or a decree of adjudication or an order approving the under 
trustee's bond is made, pursuant to the federal Bankruptcy Act! "^*°^ 
Act of 1898, as amended by the federal Bankruptcy Act of 
1938, the bankrupt, trustee, receiver, custodian, referee or 
any creditor may record a certified copy of such petition, 
with the schedules omitted, or of such decree or order in the 
registry of deeds for any county or district wherein the 
bankrupt owns or has an interest in any land. 

Approved March 11, 1941. 

An Act relating to the summoning of jurors and Chap. 90 

RETURNS OF VENIRES BY DEPUTY SHERIFFS. 

Be it enacted, etc., as follows: 

Section twenty-four of chapter two hundred and thirty- Sj^o^^®""- 
four of the General Laws, as appearing in the Tercentenary § 24,' amended. 
Edition, is hereby amended by inserting in the first line 
after the word "The" the words: — deputy sheriff or, — 
so as to read as follows : — Section 24- The deputy sheriff ^{"^"J^°* 
or constable shall, fourteen days at least before the time 
when the jurors are required to attend unless the court 
otherwise orders when issuing venires for additional jurors 
under section twelve, summon each person who is drawn, 
by reading to him the venire with the endorsement thereon 
of his having been drawn, or by leaving at his place of abode 
a written notice of his having been drawn and of the time 
and place of the sitting of the court at which he is required 
to attend, and shall make a return of the venire with his 
doings thereon to the clerk of the court, before the sitting 
of the court by which it was issued. 

Approved March 11, 1941' 

An Act making march seventeenth a legal holiday in Chap. 91 

SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Clause eighteenth of section seven of chap- g. l. (Ter. 
ter four of the General Laws, as most recently amended by ci!^i8th', Itc., 
chapter two hundred and forty-five of the acts of nineteen amended, 
hundred and thirty-eight, is hereby further amended by 
striking out the last sentence and inserting in place thereof 
the following: — "Legal hohday" shall also include, with Ma^ch seven- 
respect to Suffolk county only, March seventeenth and holfday^n^^* 
June seventeenth, or the day following when March seven- foiSty. 
teenth or June seventeenth occurs on Sunday, and the 
pubhc offices of the cities of Boston, Chelsea and Revere, 
the town of Winthrop and the county of Suffolk shall be 
closed on said March seventeenth or the day following when 
March seventeenth occurs on Sunday, and the public offices 
in said county shall be closed on said June seventeenth or 
the day following when June seventeenth occurs on Sunday; 



62 Acts, 1941. — Chap. 92. 

provided, that the words "legal holiday" as used in section 
forty-five of chapter one hundred and forty-nine, and the 
word "holiday" as used in chapter one hundred and seven, 
shall not include March seventeenth or the day following 
when March seventeenth occurs on Sunday. 

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

Approved March 12, 1941. 



preamble 



Chap. 92 An Act authorizing cities, towns and districts to 

BORROW ON ACCOUNT OF PUBLIC WELFARE, SOLDIERS' 
BENEFITS, FEDERAL EMERGENCY UNEMPLOYMENT RELIEF 
PROJECTS, AND THE FEDERAL STAMP PLAN FOR DISTRIBU- 
TION OF SURPLUS COMMODITIES. 

Sj^f^v^il*^^ Whereas, It is necessary, in order to comply with the 

laws relative to the preparation and adoption of budgets, 
that the provisions of this act shall become effective imme- 
diately, and as the deferred operation of this act would tend 
to defeat such purpose, therefore this act is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. 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, as the case may be, and of the 
board established under section one of chapter forty-nine 
of the acts of nineteen hundred and thirty-three, may bor- 
row, in each of the years nineteen hundred and forty-one 
and nineteen hundred and forty-two, outside its limit of 
indebtedness as prescribed by sections eight and ten of said 
chapter forty-four, for use only for meeting appropriations 
made or to be made for public welfare, including in such 
term old age assistance and aid to dependent children, for 
soldiers' benefits, for any federal emergency unemployment 
relief projects, exclusive of public works administration proj- 
ects or substitutes therefor, and for the installation of the 
Federal Surplus Commodity Stamp Plan, so called, for dis- 
tribution of surplus commodities as it now is or hereafter 
may be operated in conjunction with the federal govern- 
ment, including the purchase of stamps required in connec- 
tion with the installation thereof, 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 deter- 
mined as provided in said section ten of said chapter forty- 
four, and may issue bonds or notes therefor, which shall bear 
on their face the words (name of city, town or district) 
Municipal Relief Loan, Act of 1941. 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 



Acts, 1941. — Chap. 92. 63 

board shall fix, and, except as herein provided, shall be 
subject to said chapter forty-four, exclusive of the limita- 
tion contained in the first paragraph of section seven thereof. 

Loans may be issued hereunder in the year nineteen hun- 
dred and forty-one or nineteen hundred and forty-two, as 
the case may be, only by a city, town or district which in 
such year has appropriated to be raised by taxation or ap- 
propriated from available funds for the purposes enumerated 
in the preceding paragraph, an amount not less than the 
aggregate of its expenditures made in the 3^ear preceding 
the year of issue for old age assistance and aid to dependent 
children to be met otherwise than from the proceeds of 
federal grants and of its expenditures made in said preceding 
year for soldiers' benefits, together with an amount equal 
to not less than sixty-five per cent of its expenditures made 
in said preceding year for all public welfare purposes other 
than old age assistance, aid to dependent children and sol- 
diers' benefits and other than federal emergency unemploy- 
ment relief projects and the Federal Surplus Commodity 
Stamp Plan, so called, all as determined by said board. 

If a loan under authority of this act has been approved 
by said board during the year nineteen hundred and forty- 
one or nineteen hundred and forty-two for a city, town or 
district, the amount of any appropriation voted by such 
city, town or district for said year for public welfare, in- 
cluding in such term old age assistance and aid to dependent 
children, and soldiers' benefits, shall not be reduced during 
said year by appropriation transfer or otherwise, except with 
the written approval of the board. Whenever used in this 
section, the words "soldiers' benefits" shall include state 
aid, miUtary aid, soldiers' burials and soldiers' relief. 

Section 2. The members of the board aforesaid, when 
acting under this act, shall receive from the commonwealth 
compensation to the same extent as provided for services 
under chapter three hundred and sixty-six of the acts of 
nineteen hundred and thirty-three, as amended. 

Section 3. A loan order voted in any city under au- 
thority of this act shall be deemed to be an emergency order 
and as such may be passed in such manner as is provided 
for emergency orders or ordinances in its charter and shall 
be in full force and effect immediately upon final favorable 
action thereon by its city council or chief executive, as the 
case may be, or upon the expiration of any period specified 
by such charter for the approval or disapproval of such 
orders by its chief executive in any case where he fails to 
approve or disapprove such an order within such period, 
notwithstanding any provision of general or special law to 
the contrary; 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 13, 1941. 



64 Acts, 1941. — Chaps. 93, 94, 95. 



Chap. 93 An Act authorizing the incurring of liabilities in 

CITIES in anticipation OF APPROPRIATIONS IN ORDER TO 
COMPENSATE ASSISTANT ASSESSORS. 

Be it enacted, etc., as follows: 

EdV"4l%'34 Section thirty-four of chapter forty-four of the General 
etc!, 'amended! Laws, as amended by chapter one hundred and seventy of 
the acts of nineteen hundred and thirty-eight, is hereby 
further amended by adding at the end the following para- 
graph : — 
Certain ex- Notwithstanding the foregoing limitations upon the 

compensate authority of city officers to incur liabilities during said 
assessors. interval, such officers may incur liabilities to such extent as 

may be necessary for the purpose of compensating assistant 
assessors for duties performed under section twenty-five A 
of chapter forty-one. Approved March 13, 1941. 



Chap, 94 An Act providing for the payment by the common- 
wealth TO THE UNITED STATES OF AMERICA OF A PORTION 
OF THE PROCEEDS OF SALES OF STATE FOREST PRODUCTS 
RESULTING FROM OPERATIONS OF THE CIVILIAN CONSERVA- 
TION CORPS. 

Be it enacted, etc., as follows: 

Subject to appropriation, there shall be allowed and paid 
from the treasury of the commonwealth from time to time 
to the treasurer of the United States of America sums equal, 
in the aggregate, to one half of the net proceeds, as certified 
to the comptroller b}'^ the commissioner of conservation, of 
the sale, on and after December first, nineteen hundred 
and forty, of forest products resulting from operations of 
the Civilian Conservation Corps in the state forests in the 
commonwealth. Approved March 13, 1941. 



Chap. 95 An Act providing for the holding of biennial munici- 
pal ELECTIONS IN THE CITY OF NEW BEDFORD IN ODD- 
NUMBERED YEARS AND ESTABLISHING THE DATE OF SAID 
ELECTIONS. 

Be it enacted, etc., as folloivs: 

Section 1. Beginning with the year nineteen hundred 
and forty-five, municipal elections in the city of New Bed- 
ford for the choice of mayor, members of the city council, 
assessors and members of the school committee shall be held 
biennially on the second Tuesday of November in every odd- 
numbered year. 

Section 2. At the biennial municipal election to be held 
in said city in the j^ear nineteen hundred and forty-two, the 
mayor and members of the city council shall be elected for 
terms of three years each, and at each biennial municipal 



Acts, 1941. — Chap. 95. 65 

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-two, 
one assessor shall be elected to hold office until the qualifi- 
cation of his successor who shall be elected at the biennial 
municipal election in the year nineteen hundred and forty- 
nine. The term of the assessor elected in the year nineteen 
hundred and thirty-eight shall continue until the qualifica- 
tion of his successor who shall be elected at the biennial 
municipal election in the year nineteen hundred and forty- 
five. The term of the assessor elected in the year nineteen 
hundred and forty shall continue until the qualification of 
his successor who shall be elected at the biennial municipal 
election in the year nineteen hundred and forty-seven. At 
each biennial municipal election, beginning with the year 
nineteen hundred and forty-five, 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-two, the 
members of the school committee to be elected thereat 
shall be elected to hold office until the qualification of their 
successors who shall be elected at the biennial municipal 
election in the year nineteen hundred and forty-seven. The 
term of office of the members of the school committee elected 
in the year nineteen hundred and forty shall continue until 
the qualification of their successors who shall be elected at 
the biennial municipal election in the year nineteen hundred 
and forty-five. At each biennial municipal election, begin- 
ning with the year nineteen hundred and forty-five, all 
members of the school committee to be elected thereat 
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-three or 
nineteen hundred and forty-four. 

Section 6. This act shall be submitted to the registered 
voters of the city of New Bedford at the next biennial state 
election 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 3^ear nineteen hundred and forty-one, entitled 'An Act 
providing for the holding of biennial municipal elections in 
the city of New Bedford in odd-numbered years and estab- 
lishing the date of said elections', be accepted?" If a ma- 
jority of the voters voting thereon vote in the affirmative in 
answer to said question, then this act shall thereupon take 
full effect in said city, but not otherwise. 

Approved March 13, 1941. 



66 Acts, 1941. — Chaps. 96, 97. 



Chap. 96 An Act authorizing the city of Worcester to pay cer- 
tain CLAIMS FOR DAMAGE TO PROPERTY CAUSED BY BLAST- 
ING operations at hope CEMETERY IN SAID CITY. 

Be it enacted, etc., as follows: 

For the purpose of discharging a moral obhgation of the 
city of Worcester arising out of negUgence during blasting 
operations during the year nineteen hundred and forty on a 
Works Progress Administration project sponsored by said 
city in its Hope cemetery, said city is hereby authorized to 
pay claims filed on or before October first, nineteen hundred 
and forty-one, arising out of such negligence, to such per- 
sons and in such amounts not exceeding, in the aggregate, 
one thousand dollars, as the city council, with the approval 
of the mayor, shall determine to be proper. 

Approved March 13, 1941. 

Chap. 97 An Act providing for the holding of biennial munici- 
pal ELECTIONS IN THE CITY OF PEABODY IN ODD-NUMBERED 
YEARS AND ESTABLISHING THE DATE OF SAID ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and forty-five, municipal elections in the city of Peabody 
for the choice of mayor, members of the city council, mem- 
bers of the school committee and trustees of the Peabody 
Institute shall be held biennially on the second Tuesday 
in November 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-two, the 
mayor and members of the city council 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-two, the 
members of the school committee to be elected thereat shall 
be elected to hold office until the quahfication of their suc- 
cessors who shall be elected at the biennial municipal elec- 
tion in the year nineteen hundred and forty-seven. The 
term .of office of the members of the school committee elected 
in the year nineteen hundred and forty shall continue until 
the quahfication of their successors who shall be elected 
at the biennial municipal election in the year nineteen hun- 
dred and forty-five. Beginning with the biennial municipal 
election in the year nineteen hundred and forty-five and at 
every biennial municipal election thereafter, the members of 
the school committee to be elected thereat shall be elected 
for terms of four years each. 

Section 4. At the biennial municipal election to be 
held in said city in the year nineteen hundred and forty- 
two, the trustees of the Peabody Institute to be elected 



Acts, 1941. — Chap. 98. 67 

thereat shall be elected to hold office until the quaHfication 
of their successors who shall be elected at the biennial mu- 
nicipal election in the year nineteen hundred and forty- 
nine. The term of office of the trustees 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-five. The term of office of the trustees elected in the 
year nineteen hundred and forty shall continue until the 
qualification of their successors who shall be elected at the 
biennial municipal election in the year nineteen hundred 
and forty-seven. Beginning with the biennial municipal 
election to be held in the j^ear nineteen hundred and forty- 
five and at every biennial municipal election thereafter, the 
trustees to be elected thereat shall be elected for terms of * 

six years each. 

Section 5. No regular municipal election shall be held 
in said city in the year nineteen hundred and forty-three or 
nineteen hundred and forty-four. 

Section 6. Such provisions of chapter three hundred of 
the Special Acts of nineteen hundred and sixteen, and acts 
in amendment thereof and in addition thereto, as are incon- 
sistent with this act are hereby repealed. 

Section 7. This act shall be submitted to the registered 
voters of the city of Peabody at the next biennial state elec- 
tion in the form of the following question which shall be 
placed upon the official ballot to be used in said city at said 
election: — "Shall an act passed by the general court in 
the year nineteen hundred and forty-one, entitled 'An Act 
providing for the Holding of Biennial Municipal Elections 
in the City of Peabody in Odd-Numbered Years and estab- 
hshing the Date of Said Elections', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to said question, then this act shall thereupon 
take full effect in said city, but not otherwise. 

Ay-proved March 13, 1941. 



An Act authorizing the town of gosnold to appro- Chap. 98 
priate money for municipal advertising purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Gosnold may annually appro- 
priate a sum, not exceeding one hundred and fifty dollars, 
for the purpose of advertising the advantages of the town, 
with special reference to its facilities for summer vacation, 
recreation and seashore purposes; provided, that as to each 
such appropriation a sum equal to the amount thereof shall 
previously have been contributed by public subscription or 
by donation and paid into the town treasury to be expended 
for the aforesaid purposes. The money so appropriated by 
the town and the money so raised by subscription or dona- 
tion shall be expended under the direction of the selectmen. 



68 



Acts, 1941. — Chap. 99. 



Section 2. This act shall take full effect upon its ac- 
ceptance by said town within three years after its passage. 

Approved March IS, 1941. 



G. L. (Ter. 
Ed.). 41, §43A, 
etc., amended. 



Protection 
of treasurers 
in perform- 
ance of duty. 



Chap. 99 An Act requiring municipalities to indemnify and pro- 
tect THEIR TREASURERS 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 striking out section forty-three A, inserted by chapter 
eighty-eight of the acts of nineteen hundred and thirty-nine, 
and inserting in place thereof the following: — Section 43 A. 
If it appears to the mayor and city council of a city or the 
selectmen of a town, upon petition of the collector of taxes 
or the treasurer, that an action or suit has been brought 
against him for damages resulting from his acts as collector 
or as treasurer, as the case may be, wherein an attachment 
has been made of the goods, estate, effects or credits of such 
collector or such treasurer, by trustee process or otherwise, 
or the disposition of his property has been restricted by in- 
junction 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 city 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 certified copy 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 goods, estate, effects or credits by trustee process, shall 
cause a certified copy of such certificate to be served upon 
the trustee thereof, and, in the case of attachment of per- 
sonal 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 operation 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 exe- 
cution or attested copy of a decree issued or made against 
the collector or against the treasurer in an action or suit in 
which an attachment or injunction has been so dissolved, 
the treasurer, after an appropriation therefor has been voted 



Acts, 1941. — Chaps. 100, 101. 69 

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 13, 1941. 

An Act authorizing the county commissioners of Qhav 100 

PLYMOUTH county TO MAKE CERTAIN CHANGES AND RE- ^' 

PAIRS AND PROVIDE SPECIAL FURNISHINGS IN CERTAIN 
COUNTY BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Plymouth 
county are hereby authorized to make certain changes and 
repairs and provide special furnishings at the Brockton 
court house, the Plymouth court house and the Plymouth 
registry building, and for said purposes to raise and expend 
sums not exceeding, in the aggregate, thirty thousand dollars. 

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, thirty 
thousand dollars, and may issue notes of the county therefor, 
which shall bear on their face the words, Plymouth County 
Buildings Loan, Act of 1941, and such notes shall be pay- 
able in not more than six years from their dates. Such 
notes shall be signed by the treasurer of the county and 
countersigned by a majority of the county commissioners. 
The county may sell said securities at public or private sale 
upon such terms and conditions as the county commis- 
sioners may deem proper, but not for less than their par 
value. Indebtedness incurred hereunder shall, except as 
herein provided, be subject to chapter thirty-five of the 
General Laws. 

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 March 13, 1941. 



An Act to authorize the town of winthrop to borrow Qhav 101 

MONEY FOR THE PURPOSE OF ACQUIRING CERTAIN REAL 
ESTATE IN SAID TOWN AND TO PROVIDE FOR THE USE AND 
DISPOSITION OF SAID REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring the real estate 
within the limits of the town of Winthrop formerly owned 
by the Boston, Revere Beach and Lynn Railroad Company 



70 



Acts, 1941. — Chap. 102. 



and now owned by the trustees of the First Narrow Gauge 
Trust and the General Narrow Gauge Trust, or either of 
such trusts, or any portion of such real estate, said town 
may borrow from time to time within a period of two years 
from the passage of this act, such sum or sums as may be 
necessary, not exceeding, in the aggregate, sixty thousand 
dollars, and ma}'' issue bonds or notes therefor, which shall 
bear on their face the words, Winthrop Real Estate Loan, 
Act of 1941. Each authorized issue shall constitute a sep- 
arate loan and such loans shall be paid in not more than ten 
years from their dates. Indebtedness incurred under this 
act shall be within the statutory limit, but shall, except as 
provided herein, be subject to chapter forty-four of the 
General Laws, inclusive of the limitation contained in the 
first paragraph of section seven thereof. 

Section 2. Real estate acquired under this act may be 
laid out as and for a public or town way or may be used for 
such other public or municipal purposes as said town may 
from time to time determine. In the event that said real 
estate is laid out by said town as a public or town way, all 
provisions of law relative to such layout, so far as not in- 
consistent herewith, shall be applicable. Said town may 
from time to time sell and dispose of such of said real estate 
as it may determine is no longer necessarj^ for public or mu- 
nicipal purposes. 

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

Approved March 14, 1941. 



Chap. 102 An Act further regulating personal loans by credit 

UNIONS TO THEIR MEMBERS. 

Be it enacted, etc., as follows: 

Section twenty-four of chapter one hundred and seventy- 
one of the General Laws, as most recently amended by sec- 
tion three of chapter one hundred and sixty-three of the 
acts of nineteen hundred and thirty-three, is hereby further 
amended by striking out the first four paragraphs and sub- 
section (A), as so amended, and inserting in place thereof 
the following : — 

A credit union may make loans of the following classes to 
its members : — 

(a) Personal loans evidenced by the note of the borrower; 
and 

(b) Loans secured by mortgages of real estate situated 
within the commonwealth. 

Personal loans shall always be given the preference and, 
in the event there are not sufficient funds available to satisfy 
all loan applications approved by the credit committee, pref- 
erence shall be given to the smaller loan. 



G. L. (Ter. 
Ed.), 171, 
§ 24, etc., 
amended. 



Loans 
regulated. 



Acts, 1941.— Chap. 102. 71 



(a) personal loans. 

Each personal loan shall be payable within eighteen 
months from the date thereof and shall be paid or renewed 
on or before such date. 

Each personal loan shall be limited as follows: — 

1. To an amomit not exceeding one hundred dollars, if 
evidenced by the unendorsed and unsecured note of the 
borrower. 

2. To an amount not exceeding three hundred dollars, if 
evidenced by the note of the borrower with one or more 
responsible endorsers or co-makers thereon, or with satis- 
factory collateral pledged to secure the same. 

3. To an amount not exceeding one thousand dollars, if 
evidenced by the note of the borrower with two or more 
responsible endorsers or co-makers thereon, or with satis- 
factory collateral pledged to secure the same. 

4. To an amount not exceeding fifteen hundred dollars, if 
evidenced by the note of the borrower with two or more 
responsible endorsers or co-makers thereon, and with col- 
lateral valued at not more than eighty per cent of its mar- 
ket value, pledged fully to secure the same. 

5. To an amount not exceeding three thousand. dollars, if 
evidenced by the note of the borrower and with sufficient 
collateral pledged to secure the same made up of bonds or 
notes of the United States, or of any state or subdivision 
thereof, which are legal investments for savings banks in 
this commonwealth valued at not more than eighty per cent 
of their market value, or by the assignment of the pass 
book of a depositor in a savings bank doing business in any 
of the New England states or in the savings department of a 
trust company or national banking association doing busi- 
ness in this commonwealth, or the pass book of a depositor 
in a co-operative bank incorporated under chapter one hun- 
dred and seventy. 

6. To an amount not exceeding the value of the shares 
and deposits of the borrower in the credit union, if evidenced 
by the note of the borrower and secured by an assignment of 
said shares and deposits. 

The amount of a loan under paragraph 2, 3, 5 or 6 evi- 
denced by an unendorsed note of the borrower may, in the 
discretion of the credit committee, exceed by not more than 
one hundred dollars the amount warranted, in their opinion, 
by the value of the collateral offered as security for the 
loan; but the total amount of any such loan shall not exceed 
the amount stated in the paragraph under which the loan 
is made. 

For the purposes of this section, an assignment of wages 
or a pay-roll deduction order may be received as satisfac- 
tory collateral for any loan not in excess of two hundred 
and fifty dollars. Approved March I4, 1941. 



72 



Acts, 1941. — Chaps. 103, 104. 



Chap. lOS An Act relative to the sale of checks by savings 

BANKS. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-eight of the General Laws 
is hereby amended by inserting after section thirty-three A, 
as amended, the following new section: — Section 33B. Any 
savings bank may, under regulations made by the commis- 
sioner, sell negotiable checks drawn by or on it and payable 
by or through a trust company or a national banking asso- 
ciation. Approved March 11^, 1941. 



G. L. (Ter. 
Ed.), 168, 
new section 
33B, added. 

Sale of checks. 



C/iap. 104 An Act relative to deposits by savings departments 

OF certain TRUST COMPANIES IN THE COMMERCIAL DE- 
PARTMENTS thereof. 



G. L. (Ter. 
Ed.), 172, 
§ 62, etc., 
amended. 



Certain 
deposits to be 
kept separate. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy-two of the General 
Laws is hereby amended by striking out section sixty-two, 
as most recently amended by section twenty-seven of chap- 
ter three hundred and forty-nine of the acts of nineteen 
hundred and thirty-four, and inserting in place thereof the 
following: — Section 62. Such deposits and the investments 
or loans thereof shall be appropriated solely to the security 
and payment of such deposits, shall not be mingled with the 
investments of the capital stock or other money or property 
belonging to or controlled by such corporation, or be liable 
for the debts or obligations thereof until after the deposits 
in said savings department have been paid in full. The 
accounts and transactions of said savings department shall 
be kept separate and distinct from the general business of the 
corporation; provided, that the savings department of any 
such corporation subject to the reserve requirement of sec- 
tion eighty-one maj^ make deposits in the commercial de- 
partment thereof, not exceeding in the aggregate at any one 
time the amount of reserve such corporation is required to 
maintain under said section eighty-one against its savings 
deposits, and that the savings department of anj^ such cor- 
poration which is not subject to said reserve requirement 
may make deposits in the commercial department thereof, 
not exceeding in the aggregate at any one time three per 
cent of the total deposits in the savings department; and 
provided, further, that in either such case the commercial 
department shall first transfer to the savings department to 
be held as security for such deposits, bonds, notes, bills or 
certificates of indebtedness of the United States or of this 
commonwealth, or such other assets as the commissioner 
may, as to any specific deposit, approve, of an aggregate 
value of not less in amount than funds so deposited, and 
shall at all times maintain the value of such security to 
such amount. Approved March 14, 1941. 



Acts, 1941. — Chaps. 105, 106. 73 



An Act relative to the payment of dividends to de- Qhav 105 

POSITORS OF SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section forty-nine of chapter one hundred and sixty-eight g\L- (Ter^^-^ 
of the General Laws, as amended by section eighteen of etc!, 'ameAded^' 
chapter three hundred and thirty-four of the acts of nine- 
teen hundred and thirty-three, is hereby further amended 
by striking out, in the fifth Une, the words "and one half ", 
— so as to read as follows : — Section If9. If, at the time Payment of 
provided by the by-laws for making ordinary dividends, the ^^a°^^ 
net income for the interest period last preceding, over and 
above the amount to be set apart for the guaranty fund, does 
not amount to one per cent of the deposits, if said period 
is six months, or a proportional percentage thereof, if the 
period is less than sLx months, no dividend shall be declared 
or paid, except such as shall be approved in writing by the 
commissioner. Approved March 14, 1941. 



An Act authorizing loans by savings banks for financ- Chav 106 

ING THE REPAIR AND REHABILITATION OF CERTAIN REAL 
ESTATE MORTGAGED TO SUCH BANKS. 

Be it enacted, etc., as follows: 

Section fifty-four of chapter one hundred and sixty-eight Ed)'i68'^5 54 
of the General Laws, as amended, is hereby further amended etc!,'new'ci. ' 
by inserting after clause Tenth, as appearing in the Ter- ilsene^' 
centenary Edition, the following new clause : — 

Tenth A. In loans to owners of improved real estate, Repair, etc., 
upon which such corporation holds mortgages, for the pur- °^^^' 
pose of financing the repair, alteration or rehabiHtation 
thereof or the purchase and installation of fixtures to be af- 
fixed thereto; provided, that any such loan shaU not exceed 
five hundred dollars with respect to any one parcel of such real 
estate, shall be payable at a time not exceeding three years 
from the date thereof, and shall require payments to be 
made on account of the principal in equal monthly install- 
ments, such payments to commence not later than one 
month after the date of the note, and to be in amounts which, 
at the maturity of the note, shall equal the original amount 
of the loan; and provided, further, that the total of all such 
loans outstanding at any one time shall not exceed one per 
cent of the deposits and income of such corporation. 

Approved March I4, 1941. 



74 



Acts, 1941. — Chaps. 107, 108. 



Chap. 107 An Act relative to the settlement, modification or 

READJUSTMENT OF INVESTMENTS OF SAVINGS BANKS IN 
SECURITIES. 

Be it enacted, etc., as follows: 

Section fifty-four of chapter one hundred and sixty-eight 
of the General Laws, as amended, is hereby further amended 
by inserting after clause Thirteenth, as appearing in the Ter- 
centenary Edition, the following new clause: — 

Thirteenth A. Such corporation may consent to any 
settlement, modification or readjustment of any investment 
in securities legally made by such corporation and may 
accept and hold as investments bonds, notes, stocks and 
other securities offered in full or partial settlement, modifi- 
cation or readjustment of any such investment, pursuant to 
a reorganization or otherwise. The commissioner may, at 
any time after the expiration of five years following the 
acceptance and acquisition of any such securities, order the 
sale or other disposition thereof. 

Approved March 14, 1941. 



G. L. (Ter. 
Ed.), 168, § 54, 
etc., new cl. 
Thirteenth A, 
inserted. 



Investments 
of savings 
banks. 



G. L. (Ter. 
Ed.), 178, § 29, 
etc., amended. 



Annual, etc., 
statements of 
condition. 



Chap. lOS An Act relative to annual statements of the finan- 
cial CONDITION OF SAVINGS AND INSURANCE BANKS AND 
OF THE GENERAL INSURANCE GUARANTY FUND. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-eight of 
the General Laws is hereby amended by striking out section 
twenty-nine, as most recently amended by section three of 
chapter two hundred and eighty-five of the acts of .nine- 
teen hundred and thirty-six, and inserting in place thereof 
the following : — Section 29. The treasurer shall annually, 
within sixty days after the last business day of October, file 
with the commissioner of insurance and the commissioner 
of banks a statement showing the financial condition of the 
insurance department on the last business day of October. 
Such annual statement shall be in the form required by the 
commissioners, who shall embody therein so much of the 
forms now prescribed for life insurance companies and for 
savings banks as may seem to them appropriate, with any 
additional inquiries they may require for the purpose of 
eliciting a complete and accurate exhibit of the condition 
and transactions of the banks. The assets and liabilities 
shall be computed and allowed in such statement in accord- 
ance with the rules governing insurance companies, except 
as herein otherwise provided. The president or vice presi- 
dent of the savings and insurance bank and five or more of 
its trustees shall make oath that the statement is correct 
according to the best of their knowledge and belief. The 
treasurer shall annually, on or before the first day of April, 
file with said commissioners, in the form required by them, 



Acts, 1941. — Chap. 109. 75 

a statement, supplementary to the last annual statement 
filed as aforesaid, sworn to in the same manner as said annual 
statement, showing the distribution, since the last business 
day of the preceding October, of sums designated in said 
annual statement as undivided profits and the change in the 
surplus account, appearing in said annual statement, result- 
ing from dividends declared since said last business day of 
October. The commissioner of insurance and the commis- 
sioner of banks may also at any time require the treasurer 
to make such other statement of condition or furnish such 
other information concerning the insurance department as 
they deem necessary. 

Section 2. Said chapter one hundred and seventy-eight §^^- jTl'"-. 3, 
is hereby further amended by striking out section thirty- amended.' 
one, as appearing in the Tercentenary Edition, and inserting 
in place thereof the following: — Section 31. The commis- Annual report 
sioner of insurance and the commissioner of banks shall sione'r""^'*' 
prepare annually from the said statements concerning in- 
surance departments and the General Insurance Guaranty 
Fund, and communicate to the general court, by filing with 
the clerk of the house of representatives, on or before the 
first Wednesday in May, a statement of the condition of each 
savings and insurance bank and of said General Insurance 
Guaranty Fund, and shall include therein such suggestions 
as they consider expedient relative to the general conduct 
and condition of each bank visited by them. 

Approved March I4, 194-1. 



An Act authorizing the city of Gloucester to use 
certain park and city farm land for school pur- 
poses, and certain city farm land for park purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Gloucester may use for school 
purposes a part of the Centennial avenue playground, so 
called, formerly taken by eminent domain for park purposes 
in said city, said part being bounded and described as fol- 
lows, as shown on the plan referred to in section four : — 
Beginning at point A at a stone post at land of Helen F. 
Connor; thence running southerly by the westerly side line 
of Centennial avenue one hundred and two feet, more or 
less, to a bolt at point B and a chain link fence; thence 
running westerly by said chain link fence four hundred and 
eighty-six feet, more or less, to a corner marked point C; 
thence running northeasterly two hundred and sixty-nine 
feet, more or less, to point D at land of Michael Julian and 
AHce E. Parnell; thence running southeasterly by land of 
Alice E. Parnell one hundred and thirty-nine feet, more or 
less, to point E; thence running northeasterly by land of 
Alice E. Parnell and Helen F. Connor one hundred and 
seventy-five feet, more or less, to the stone post and point 
of beginning; and thereafter the part of said Centennial 



Chap.l09 



76 Acts, 1941. — Chap. 109. 

avenue playground hereinbefore described shall be under the 
care and control of the school committee of said city to the 
same extent as other school property of said city. 

Section 2. Said city may use for park purposes a part 
of the city farm, so called, now under the care and control 
of the board of public welfare of said city, said part being 
bounded and described as follows, as shown on the plan 
referred to in section four : — Beginning at point M at the 
bank of the Annisquam river, so called, and being also shown 
as point L on a plan entitled "Plan Showing Proposed 
Taking for Park Purposes by the Board of Park Commis- 
sioners, Gloucester, Mass.," dated April twenty-fifth, nine- 
teen hundred and six, by Winslow L. Webber, cit}'' engineer, 
recorded in Essex south district registry of deeds, book 
1821, page 365, and at the end of a chain link fence; thence 
running northeasterly by said chain link fence, two hundred 
and fifty feet, more or less, to point N; thence running 
easterly by said chain link fence, fifty-nine feet, more or 
less, to point C; thence running south westerl}--, two hun- 
dred and ninety-three feet, more or less, to the bank of said 
Annisquam river and point of beginning; and thereafter the 
part of said city farm hereinbefore described shall be under 
the care and control of the board of park commissioners of 
said city and shall be hereafter dedicated to public park 
purposes. 

Section 3. Said city may use for school purposes a part 
of the city farm, so called, situated between the Annisquam 
river and Bljmman avenue in said city, now under the care 
and control of the board of public welfare, said part being 
bounded and described as follows, as shown on the plan 
referred to in section four : — Beginning at point M referred 
to in section two; thence running northwesterly and north- 
easterly by and along the bank of the Annisquam river, so 
called, fifteen hundred and forty feet, more or less, to point 
P; thence turning and running easterly by other and re- 
maining land comprising the city farm, six hundred and 
four feet, more or less, to a stone bound marked point Q; 
thence turning and running southeasterly by other and re- 
maining land of the city farm, two hundred and eighty feet, 
more or less, to a stone bound at the westerly side line of 
Lincoln avenue and marked point R; thence running south- 
westerly by and along the westerly side line of Lincoln 
avenue, four hundred and eighty feet, more or less, to a 
stone bound at the corner of Blynman avenue and marked 
point S; thence running southwesterly across the end of 
said Blynman avenue, fifty-two feet, more or less, to a 
corner of the wall at land of Catherine Baldwin and marked 
point T; thence running southwesterly by land of Catherine 
Baldwin and Annie M. Rose, one hundred and thirtj'^-two 
feet, more or less, to a corner of land of Annie M. Rose and 
marked point U; thence running southerlj^ by land of said 
Annie M. Rose, eighty-four feet, more or less, to point V; 
thence running southeasterly by land of said Annie M. Rose 



Acts, 1941. — Chap. 110. 77 

and Michael Julian, one hundred and thirty feet, more or 
less, to point D; thence running southwesterly, two hundred 
and sixty-nine feet, more or less, to the chain link fence 
mentioned in sections one and two and shown as point C; 
thence turning and running westerly by said chain link 
fence, fifty-nine feet, more or less, to point N; thence turn- 
ing and running southwesterly again by said chain link 
fence, two hundred and fifty feet, more or less, to point M 
and point of beginning; and thereafter said part of said city 
farm hereinbefore described shall be under the care and 
control of the school committee of the city of Gloucester 
to the same extent as other school property of said city. 

Section 4. The three parcels hereinbefore described in 
sections one, two and three of this act are shown on a plan 
entitled "Plan of New High School Site, Indicating Former 
Uses of Same, to Accompany Bill in the 1941 Legislature 
Authorizing Entire Site for School Purposes, Gloucester, 
Massachusetts," dated January seventh, nineteen hundred 
and forty-one, Paul A. PoHsson, city engineer, which is on 
file in the office of said city engineer. 

Section 5. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the board of 
park commissioners, the board of public welfare, the school 
committee and the municipal council of said city, respec- 
tively, subject to the provisions of its charter, but not 
otherwise. Approved March 14, 1941- 

An Act further providing for removing or placing Qhap.W^i 

UNDERGROUND CERTAIN WIRES AND ELECTRICAL APPLI- 
ANCES in THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and one 
of the acts of nineteen hundred and thirty-one, as amended 
by section one of chapter one hundred and ten of the acts 
of nineteen hundred and thirty-six, is hereby further amended , 
by striking out, in the fourth line, the word "forty-one" 
and inserting in place thereof the word : — forty-six, — so 
as to read as follows : — Section 1 . In the month of January 
in the year nineteen hundred and thirty- two, and in said 
month in each year thereafter, to and including the year 
nineteen hundred and forty-six, the fire commissioner of the 
city of Boston shall prescribe and give public notice thereof 
in at least two daily newspapers in said city, by advertise- 
ment therein, twice a week for two weeks in succession, of 
not more than four miles of streets in said city in any one 
year, from which poles shall be removed and the wires buried 
underground, except such poles and wires as are excepted 
in chapter three hundred and sixty-four of the acts of nine- 
teen hundred and eleven. 

Section 2. Section two of said chapter one hundred and 
one, as amended by section two of said chapter one hundred 
and ten, is hereby further amended by striking out, in the 



78 Acts, 1941. — Chaps. Ill, 112. 

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

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

Approved March 17, 1941. 

Chap. 11\ An Act relative to certain lines, poles and other 

EQUIPMENT OF MIDDLESEX COUNTY ELECTRIC COMPANY 
AND NEW ENGLAND TELEPHONE AND TELEGRAPH COM- 
PANY IN THE TOWNS OF DUNSTABLE, PEPPERELL, SHIRLEY 
AND TYNGSBOROUGH. 

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 
Middlesex County Electric Company in the towns of Dun- 
stable, Pepperell, Shirley and Tyngsborough, and all lines 
for the transmission of intelligence by electricity heretofore 
acquired or constructed by New England Telephone and 
Telegraph Company 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 notwithstanding the lack of any 
valid locations therefor or any informality in the proceed- 
ings 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 company shall, not later than 
December first, nineteen hundred and forty-two, file with 
the town clerk of each of such towns a map or maps showing 
in detail the location and nature of the said lines, structures 
and fixtures in such town; such map or maps so filed to be 
recorded and kept with the records of original locations for 
poles and wires in the town where filed. 

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

Approved March 17, 1941. 

Chap. 112 An Act providing for the biennial establishment of 

THE BASIS OF APPORTIONMENT OF STATE AND COUNTY 
TAXES. 

Be it enacted, etc., as follows: 

Ed^' 58% 9 Chapter fifty-eight of the General Laws is hereby amended 
etc.. amended, by Striking out scctiou nine, as amended by chapter three 



Acts, 1941. — Chaps. 113, 114. 79 

hundred and forty-six of the acts of nineteen hundred and 
thirty-nine, and inserting in place thereof the following: — 
Section 9. In the year nineteen hundred and forty-three Biennial basis 
and in every second year thereafter, the commissioner shall, men^^oTstate 
on or before April first, report to the general court an equali- fa:^eg°°""*^ 
zation and apportionment for the two succeeding years upon 
the several towns of the amount of property, and the propor- 
tion of every one thousand dollars of state tax, and the 
proportion of county tax, which should be assessed upon 
each town. Approved March 17, 1941. 

An Act relative to the investment of funds of (Jhnrf 1 1Q 

CERTAIN retirement SYSTEMS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-one H of chapter thirty-two of Ed^'aJ^'^' 
the General Laws, as appearing in section one of chapter § sm, etc., 
three hundred and eighteen of the acts of nineteen hundred ^™®°^^'*- 
and thirty-six, is hereby amended by striking out para- 
graph (1) and inserting in place thereof the following: — 

(1) The board shall invest the funds of the system in Coimty sys- 
such securities, other than mortgages, as are legal for the ment'of^unds 
investment of funds of savings banks under the laws of the °f- 
commonwealth, or shall deposit such funds in such banks, 
except as provided in paragraph (4) hereof, and except that 
it may invest not exceeding ten per cent of such funds in 
shares of co-operative banks. 

Section 2. Section twenty-five H of said chapter thirty- g. l. (Ter. 
two, as appearing in section one of chapter four hundred § 25ii^^e'tc., 
of the acts of nineteen hundred and thirty-six, is hereby amended. 
amended by striking out paragraph (1) and inserting in 
place thereof the following: — 

(1) The board shall invest the funds of the system in such City and town 
securities, other than mortgages, as are legal for the invest- vest^nt'of 
ment of funds of savings banks under the laws of the com- '"""^^ °^- 
monwealth, or shall deposit such funds in such banks, 
except as provided in paragraph (4) hereof, and except that 
it may invest not exceeding ten per cent of such funds in 
shares of co-operative banks. 

Approved March 19, 1941. 

An Act authorizing the town of swampscott to use Chap. 114: 

FOR highway purposes CERTAIN PARK LANDS IN SAID 
TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott is hereby author- 
ized to use for highway purposes a portion of a certain parcel 
of land therein now held by it for park purposes, and no 
longer needed for park purposes; the land subject to this 
section being located at the intersection of Essex street and 
a proposed way to be known as "The Greenway" in said 



80 Acts, 1941. — Chap. 115. 

town, and being more particularly bounded and described 
as follows : — 

Beginning at a point at the intersection of the westerly- 
line of Essex street with the westerly line of a proposed way 
to be known as "The Green way", said point being three 
hundred and fifty-one and ninety-eight hundredths feet 
from a bolt set at the point of curve on the westerly line of 
Essex street; thence curving to the left with a radius of 
twenty feet over land of the town of Swampscott, for a dis- 
tance of twenty-three and thirty-one hundredths feet, to a 
point of tangent; thence northwest by land of said town, 
for a distance of thirty-one and seventy-six hundredths feet, 
to a point of curve; thence curving to the left with a radius 
of three hundred and eighty-five and two hundredths feet, 
by land of said town, for a distance of twelve and forty- 
nine hundredths feet, to the southeast corner of lot "A" 
as shown on a plan drawn by Charles W. Gay, known as 
"Progress Park" and dated November thirtieth, nineteen 
hundred and fourteen; thence southeast for a distance of 
fifty-eight and seventy-seven hundredths feet, by land of 
said town, to the westerly line of Essex street; thence south- 
west along the westerly line of Essex street for a distance of 
sixty-one and forty-six hundredths feet to the point of be- 
ginning; the above described parcel being located at the 
entrance of a proposed way to be known as "The Green- 
way", and containing about thirteen hundred and thirty 
square feet. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the town meeting members of said town 
at any annual town meeting, or at any special town meeting 
called for the purpose, held within two years subsequent to 
its passage, but not otherwise. 

Approved March 19, 1941. 

Chap. lib An Act further modifying the requirements for 

MAKING CERTAIN RAILROAD BONDS LEGAL INVESTMENTS 
FOR SAVINGS BANKS, INSTITUTIONS FOR SAVINGS AND 
TRUST COMPANIES IN THEIR SAVINGS DEPARTMENTS. 

pr^^bie*'^ ^h^f^f^Sj Provisions of law similar in substance to those 

contained in this act have been in effect for a considerable 
period and will shortlj^ cease to be effective, but the circum- 
stances and conditions which made advisable their enact- 
ment still continue and it is accordingly desirable that the 
provisions of this act take effect before such provisions cease 
to be effective or as soon as possible thereafter; therefore, 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section two of chapter eighty-seven of the acts of nine- 
teen hundred and thirty-nine is hereby amended by striking 
out, in the fifth line, the word "forty" and inserting in place 



Acts, 1941. — Chap. 116. 81 

thereof the word : — forty-two, — and by striking out, in 
the thirteenth, fifteenth and eighteenth Hnes, the word 
"forty-one" and inserting in place thereof, in each instance, 
the word : — forty-three, — so as to read as follows : — 
Section 2. Wherever in clauses third and sixteenth of sec- 
tion fifty-four of chapter one hundred and sixty-eight of the 
General Laws a number of fiscal years is mentioned, the fis- 
cal years beginning in the years nineteen hundred and 
thirty-one to nineteen hundred and forty-two, both inclu- 
sive, 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 eligible for such investment since 
that date, or shall hereafter, prior to July first, nineteen 
hundred and forty-three, become eligible for such invest- 
ment, shall continue to be eligible for such investment until 
July first, nineteen hundred and forty-three; provided, that 
the securities of a railroad company defaulting at any time 
between January first, nineteen hundred and thirty-one, 
and June thirtieth, nineteen hundred and forty-three, both 
dates inclusive, 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 raih'oad 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 20, 1941. 

An Act providing for the temporary suspension of C/iat). 116 

PAYMENTS ON CERTAIN SHARES OF CO-OPERATIVE BANKS 
OWNED BY PERSONS ENGAGED IN THE MILITARY OR NAVAL 
SERVICE OF THE UNITED STATES, OR BY THEIR DEPENDENTS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to provide for deferment of p""^^™**'®- 
payments on certain shares of co-operative banks owned 
by persons engaged in the military or naval service of the 
United States during the present national emergency, or 
owned by certain dependents of such persons, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws is g. l. (Ter. 
hereby amended by inserting after section seventeen, as ^ctionTrAr* 
appearing in chapter one hundred and forty-four of the acts inserted. 
of nineteen hundred and thirty-three, the following new 
section: — Section 17 A. For the accommodation of any Temporary 
owner of serial shares not pledged for a real estate loan who pfymentTby 



82 Acts, 1941.— Chap. 117. 

soldiers and is actually engaged in the military or naval service of the 
i^ed!"^* *"* ^°^' United States, or who is the wife or a dependent member 
of the family of a person so engaged, the directors, at the 
request of such shareholder, may cause such shares to be 
cancelled, whereupon there shall be transferred to a deferred 
share account as a credit of such shareholder the full value 
of such shares, less all monthly installments of interest and 
fines in arrears and less the amount of the unpaid balance 
of any share loan at that time secured by the shares so can- 
celled. So long as such credit remains in such deferred 
share account, no further monthly payments of any amount 
on account of such shares shall be required, nor shall any 
fines be imposed, and dividends shall be credited thereto at 
the regular dividend dates at the same rate that prevails on 
the serial shares. Deferment of payments as aforesaid shall 
extend for such period or periods, not exceeding two years 
at any one time, as may be determined by tljp directors, and 
at the termination of such period or periods of deferment 
the shareholder shall be required by the directors to reinvest 
such portion of the accumulation as he may elect in serial 
shares and withdraw that portion not so reinvested. Upon 
failure of the shareholder to do so, the accumulated balance 
shall be transferred to the suspended share account and 
thereafter shall cease to participate in any profits. 

Approved March 20, 1941. 



Chap. 117 An Act relative to inscriptions on the flag of the 

UNITED states OR OF MASSACHUSETTS. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter two hundred and sixty-four of the 

fu'l'&mtkded. General Laws is hereby amended by striking out section 
five, as most recently amended by chapter fifty-six of the 
acts of nineteen hundred and thirty-four, and inserting in 
Penalty for place thcrcof the following : — Section 5. Whoever publicly 
mutilates, tramples upon, defaces or treats contemptuously 
the flag of the United States or of Massachusetts, whether 
such flag is public or private property, or whoever displays 
such flag or any representation thereof upon which are 
words, figures, advertisements or designs, or whoever causes 
or permits such flag to be used in a parade as a receptacle 
for depositing or collecting money or any other article or 
thing, or whoever exposes to public view, manufactures, 
sells, exposes for sale, gives away or has in possession for 
sale or to give away or for use for any purpose, any article 
or substance, being an article of merchandise or a receptacle 
of merchandise or articles upon which is attached, through 
a wrapping or otherwise, engraved or printed in any manner, 
a representation of the United States flag, or whoever uses 
any representation of the arms or the great seal of the 
commonwealth for any advertising or commercial purpose, 
shall be punished by a fine of not less than ten nor more 



misuse of flag. 



Acts, 1941. — Chap. 118. 83 

than one hundred dollars or by imprisonment for not more 
than one year, or both. Words, figures, advertisements or 
designs attached to, or directly or indirectly connected with, 
such flag or any representation thereof in such manner that 
such flag or its representation is used to attract attention to 
or advertise such words, figures, advertisements or designs, 
shall for the purposes of this section be deemed to be upon 
such flag. Notwithstanding the foregoing, there may be 
attached to the staff bearing a flag of the United States or of 
Massachusetts belonging to an organization of veterans of 
the civil war, to a camp of the United Spanish War Veterans, 
to a post or department of The American Legion, or to a 
post or department of the Veterans of Foreign Wars of the 
United States, or to a post or department of the Jewish War 
Veterans of the United States, or to a camp or department 
of the Sons of Union Veterans of the Civil War, or belonging 
to or used in the service of the United States or the com- 
monwealth, a streamer having inscribed thereon the names 
of battles and the name and number of the organization to 
which such flag belongs. For the purposes of this section, 
a flag shall be deemed to continue to belong to any organiza- 
tion of veterans hereinbefore specified, although such organ- 
ization has ceased to exist, during such time as it remains in 
the lawful ownership or custody of any other of the afore- 
said organizations or of the commonwealth or of any politi- 
cal subdivision thereof, or of any patriotic or historical so- 
ciety incorporated under the laws of the commonwealth or 
determined by the adjutant general to be a proper custodian 
thereof. 

Section 2, This act shall not apply to inscriptions au- Application of 
thorized by any provision of said section five of chapter two ^''* restricted. 
hundred and sixty-four of the General Laws, as in effect 
immediately prior to the effective date of this act, placed 
on the flag of the United States or of Massachusetts prior to 
such effective date. Approved March 20, 1941. 



An Act providing for the issue to employers of gen- Chav 118 

ERAL OR blanket POLICIES OF ACCIDENT OR HEALTH IN- 
SURANCE THE PREMIUMS ON WHICH ARE PAID SOLELY BY 
THE EMPLOYEES COVERED BY SUCH POLICIES. 

Be it enacted, etc., as follows: 

Section one hundred and ten of chapter one hundred and g^l. (Ter. - 
seventy-five of the General Laws, as amended by chapter § lio, etc.. 
one hundred and thirty-three of the acts of nineteen hun- ^n^ended. 
dred and thirty-nine, is hereby further amended by insert- 
ing after the word "jointly" in the fourteenth line, as 
appearing in the Tercentenary Edition, the words: — , or 
by the employees, — so as to read as follows: — Section 110. ^^l^^f^^l^'^' 
Nothing in the two preceding sections shall apply to or appficabie to 
affect any general or blanket policy of insurance issued to of hfsuranc"^^ 
any employer, whether an individual, corporation, co-part- 



84 Acts, 1941. — Chaps. 119, 120. 

nership, or association, or to any municipal corporation or 
department thereof, or to a police or fire department, or to 
any college, school or other institution of learning or to the 
head or principal thereof, or to any organization for health, 
recreational or military instruction or treatment, under- 
writers' corps, salvage bureau or like organization, where the 
officers, members or employees or classes or departments 
thereof or the students or patients are insured against speci- 
fied accidental bodily injuries or diseases while exposed to 
the hazards of the occupation, course of instruction or 
treatment, or otherwise, for a premium intended to cover 
the risks of all the persons insured under such policy. Where 
the premium is to be paid by the employer and the em- 
ployees jointly, or by the employees, and the benefits of the 
policy are offered to all eligible employees, a policy covering 
not less than seventy-five per cent of such employees, or 
covering members of an association of such employees if the 
members so insured in fact constitute not less than seventy- 
five per cent of all eligible employees, shall be considered a 
general or blanket policy within the meaning of this section. 
Such a policy issued to an employer may also insure depend- 
ents of employees insured thereunder, in respect to medical, 
surgical and hospital expenses. 

Approved March 20, 1941. 

Chap. 119 An Act relative to rules and regulations concerning 

THE MANUFACTURE, BOTTLING AND SALE OF CERTAIN NON- 
ALCOHOLIC beverages. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scctiou ten F of chapter ninety-four of the General Laws, 

ftoFfetc, inserted by chapter four hundred and forty-one of the acts 

amended. ^f nineteen hundred and thirty-five, is hereby amended by 

striking out, in the second line, the letter "D" and inserting 

in place thereof the letter: — E, — so as to read as follows: 

Penalties. — Section lOF. Whoever violates any provision of sections 

ten A to ten E, inclusive, or of any rule or regulation made 

thereunder, shall be punished for a first offence by a fine of 

not more than one hundred dollars and for a subsequent 

offence by a fine of not more than five hundred dollars. 

Approved March 20, 1941. 



Chap, 120 An Act authorizing the town of watertown to use a 

PORTION OF THE MONEY RECEIVED FROM THE SALE OF THE 
OLD TOWN HALL SITE FOR REMODELING THE NORTH BRANCH 
LIBRARY IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown is hereby authorized 
to use the money received from the sale of the old town hall 
site, to an amount not exceeding nineteen thousand seven 
hundred and fifty dollars, for the purpose of remodeling the 



Acts, 1941. — Chaps. 121, 122, 123. 85 

North Branch library in said town, notwithstanding the pro- 
visions of section sixty-three of chapter forty-four of the 
General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1941- 



An Act designating the chickadee as the state bird Chap. 121 

AND THE AMERICAN ELM AS THE STATE TREE. 

Be it enacted, etc., as follows: 

Chapter two of the General Laws is hereby amended by g l. (Xer. 
adding at the end the two following new sections : — Section sections TZid 
8. The American elm ( Ulmus americana) shall be the tree ^ '°serted. 
or tree emblem of the commonwealth. 



common- 



Section 9. The chickadee {Penthestes atricapillus) shall wealth 
be the bird or bird emblem of the commonwealth. commc 

Approved March 21, 1941. '^e^'*'* 



Bird of the 
common- 



An Act relative to the term of office of the super- Qhav. 122 

INTENDENT OF THE WATER DEPARTMENT IN THE CITY OF 
CHICOPEE. 

B^ it enacted, etc., as follows: 

Section 1. Chapter two hundred and thirty-nine of the 
acts of eighteen hundred and ninety-seven is hereby amended 
by striking out section forty-five and inserting in place 
thereof the following: — >Sedf on 4^. The board of water 
commissioners shall appoint a superintendent of the water 
department, who shall not be one of their own number, and 
who shall perform such duties as may be required by ordi- 
nance, and such further duties as said board may from time 
to time require. Said superintendent shall receive such 
compensation as shall be determined by the board of alder- 
men. The members of the board of water commissioners 
shall serve without compensation. 

Section 2. The provisions of this act shall apply to the 
incumbent of the office of superintendent of the water depart- 
ment in said city on the effective date of this act as well as 
to persons thereafter appointed to said office. 

Approved March 21, 1941. 



An Act authorizing the city of lynn to fund certain Chap. 123 
indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds to meet 
certain loans issued in the year nineteen hundred and forty 
under clause (9) of section eight of chapter forty-four of the 
General Laws, the city of Lynn msLy borrow during the cur- 
rent year such sums, not exceeding, in the aggregate, two 
hundred thousand dollars, as may be necessary, and may 



86 Acts, 1941. — Chaps. 124, 125. 

issue bonds or notes therefor, which shall bear on their face 
the words, City of Lynn Funding Loan, Act of 194 L Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than five years from their 
dates. Indebtedness incurred under this act shall be in 
excess of the statutory limit, but shall, except as herein pro- 
vided, be subject to chapter forty-four of the General Laws, 
exclusive of the hmitation contained in the first paragraph 
of section seven thereof. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1941. 

C/iap. 124 An Act relative to certain lines, poles and other 

EQUIPMENT OF THE ELECTRIC LIGHT DEPARTMENT OF THE 
TOWN OF WAKEFIELD, AND OF NEW ENGLAND TELEPHONE 
AND TELEGRAPH COMPANY IN SAID TOWN. 

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 the electric light department of the town of Wakefield, 
and all lines for the transmission of intelligence by electricity 
heretofore acquired or constructed by New England Tele- 
phone and Telegraph Company in said town, upon, along, 
over or under the public ways and places of said town, 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 notwithstanding the lack of any valid locations 
therefor or any informality 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 such department or company in said 
town unless such department or company shall, not later 
than December thirty-first, nineteen hundred and forty- 
one, file with the clerk of said town a map or maps showing 
the location and nature of the said fines, structures and fix- 
tures in said town; such map or maps to be recorded and 
kept with the records of original locations for poles and wires 
in said town. 

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

Approved March 21, 1941. 

Chap. 125 An Act authorizing the simplex wire and cable com- 
pany TO construct and maintain a bridge over SIDNEY 
STREET IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Upon petition, and after seven daj^s' notice 
inserted in at least one newspaper published in the city of 
Cambridge and a public hearing thereon, the city council 
of said city, by a two thirds vote, with the approval of the 



Acts, 1941.— Chap. 126. 87 

mayor, may grant and issue a permit to Simplex Wire and 
Cable Company, a corporation duly established and exist- 
ing under the laws of this commonwealth, its successors and 
assigns, to construct and maintain a bridge over Sidney 
street in said city, at a point where said corporation owns the 
land in fee on opposite sides of said street and also the fee 
in that part of said street to be crossed by said bridge, for 
the purpose of connecting buildings owned and occupied by 
said corporation on opposite sides of said street. Said per- 
mit shall be granted upon the condition of such ownership 
and such further conditions and subject to such restrictions 
as the city council may prescribe. Any permit granted here- 
under may be revoked by vote of said city council, with the 
approval of the mayor. 

Section 2. Any bridge constructed under a permit 
granted as aforesaid shall be constructed and maintained at 
a height not less than thirty-five feet above the grade line 
of said street and shall not be more than ten feet in width. 
No part of said bridge or its supports shall rest on the sur- 
face of said street, nor shall any such bridge be constructed 
or maintained over any portion of said street not owned in 
fee by said corporation without the written consent of the 
owners of such portion in each instance. 

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

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

Approved March 21, 1941. 



An Act authorizing the town of monson to borrow phr^j^ i ofi 

MONEY AND TO USE CERTAIN FUNDS ON HAND FOR THE ^' 

PURPOSE OF MAKING NECESSARY ALTERATIONS TO AND 
REPAIRS OF ITS HIGH SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1, For the purpose of making necessary -alter- 
ations to and repairs of its high school building, the town of 
Monson may borrow from time to time, within a period of 



88 Acts, 1941. — Chaps. 127, 128. 

three years from the passage of this act, such sums as may 
be necessary, not exceeding, in the aggregate, thirteen thou- 
sand dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Monson School Loan, Act 
of 1941. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than ten years 
from their dates. Indebtedness incurred under this act shall 
be within the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
inclusive of the limitation contained in the first paragraph of 
section seven thereof. 

The said town is further authorized to use toward said 
alterations and repairs money on hand received from the 
sale of real estate and also the balance of the old high school 
construction loan. 

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

Approved March 21, 1941. 

Chap. 127 An Act authorizing the sudbury water district of 

SUDBURY TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc.^ as follows: 

Section 1. For the purpose of extending its water mains 
and improving its water distribution facilities, the Sudbury 
water district of Sudbury may borrow, from time to time 
within five years from the passage of this act, such sums as 
may be necessary, not exceeding, in the aggregate, fifteen 
thousand dollars, and may issue bonds or notes therefor 
which shall bear on their face the words, Sudbury Water 
District Loan, Act of 1941. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be paid in not 
more than fifteen years from their dates. Indebtedness in- 
curred hereunder shall be outside the statutory limit of in- 
debtedness, but shall, except as herein provided, be subject 
to the provisions of chapter forty-four of the General Laws. 

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

Approved March 21, 1941- 



Chap. 12S An Act authorizing the boston woven hose and rubber 
company to construct and maintain a bridge over 

BINNEY street in the city of CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Upon petition, and after seven days* notice 
inserted in at least one newspaper published in the city of 
Cambridge and a pubhc hearing thereon, the city council 
of said city, by a two thirds vote, with the approval of the 
mayor, may grant and issue a permit to Boston Woven Hose 
and Rubber Company, a corporation duly established and 
existing under the laws of this commonwealth, its succes- 
sors and assigns, to construct and maintain a bridge over 
Binney street in said city, at a point where said corpora- 



Acts, 1941. — Chap. 129. 89 

tion owns the land in fee on opposite sides of said street and 
also the fee in that part of said street to be crossed by said 
bridge, for the purpose of connecting buildings owned and 
occupied by said corporation on opposite sides of said street. 
Said permit shall be granted upon the condition of such 
ownership and such further conditions and subject to such 
restrictions as the city council may prescribe. Any permit 
granted hereunder may be revoked by vote of said city 
council, with the approval of the mayor. 

Section 2. Any bridge constructed under a permit 
granted as aforesaid shall be constructed and maintained 
at a height not less than fifteen feet above the grade line 
of said street and shall not be more than ten feet in width. 
No part of said bridge or its supports shall rest on the 
surface of said street, nor shall any such bridge be con- 
structed or maintained over any portion of said street not 
owned in fee by said corporation without the written con- 
sent of the owners of such portion in each instance. 

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

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

Approved March 21, 19Jf.l. 



An Act further extending the opportunity to cities Qliav 129 
and towns to borrow under the act creating the 
emergency finance board. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-nine of the acts of nineteen 
hundred and thirty-three is hereby amended by striking out 
section two, as most recently amended by section one of 
chapter two hundred and eighty-eight of the acts of nineteen 
hundred and thirty-nine, and inserting in place thereof the 
following: — Section 2. The treasurer of any city or town, 
if authorized by a two thirds vote, as defined by section one 
of chapter forty-four of the General Laws, and with the ap- 



90 Acts, 1941. — Chap. 129. 

proval of the mayor or the selectmen, may, on behalf of such 
city or town, petition the board to approve of its borrowing 
money from the commonwealth for ordinary maintenance 
expenses and revenue loans, and the board may, if in its 
judgment the financial affairs of such city or town warrant, 
grant its approval to the borrowing as 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-three. 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 common- 
wealth only, and said notes, upon their tender to the state 
treasurer, shall forthwith be purchased by the common- 
wealth at the face value thereof. Such notes shall be pay- 
able 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-four. Such notes shall be 
general obligations of the city or town issuing the same, not- 
withstanding the foregoing provisions. Indebtedness in- 
curred by a city or town under authority of this act shall be 
outside its limit of indebtedness as fixed by chapter forty- 
four of the General Laws. The excess, if any, of the amount 
of interest payments received by the commonwealth on 
account of notes issued by cities and towns hereunder over 
the cost to the commonwealth for interest on money bor- 
rowed under section five, expenses of the board, including 
compensation paid to its appointive members, and expenses 
of administration of the funds provided by sections three 
and five shall be distributed to such cities and towns in 
November, nineteen hundred and forty-seven, or earlier at 
the discretion of the board, in the proportion which the aggre- 
gate 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 two hundred and 
eighty-eight, 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 neces- 
sary to provide funds for loans to municipalities as afore- 
said, and may issue and renew notes of the commonwealth 
therefor, bearing interest payable at such times and at such 
rate as shall be fixed by the state treasurer, with the approval 
of the governor and council; provided, that the total in- 
debtedness of the commonwealth under this section, out- 



Acts, 1941. — Chaps. 130, 131. 91 

standing at any one time, shall not exceed twenty-five mil- 
lion 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 pay- 
able not later than November thirtieth, nineteen hundred 
and forty-seven. All notes issued under this section shall 
be signed by the state treasurer, approved by the governor 
and countersigned by the comptroller. 

Approved March 21, 1941. 

An Act to permit certain cities and towns to pay Chap. ISO 

FROM THE MUNICIPAL BUILDINGS INSURANCE FUND A 
PROPER CHARGE FOR INSURING MUNICIPAL BUILDINGS AND 
OTHER MUNICIPAL PROPERTY AGAINST LOSS OR DAMAGE 
BY FIRE, LIGHTNING OR OTHERWISE. 

Be it enacted, etc., as follow s: 

Section thirteen of chapter forty of the General Laws, as g. l. (Ter. 
appearing in the Tercentenary Edition, is hereby amended f^encfed.^ ^^' 
by adding at the end the following new paragraph : — 

If a city or town which has established such a fund in Appropriation 
accordance with this section has neglected or failed for a tTuiia^^s'^in-' 
period of five consecutive years to appropriate for such surancefund. 
fund, for any reason other than that the maximum amount 
authorized by this section has been accumulated, it may 
vote appropriations from such fund and the income there- 
from for the purpose of paying a proper charge for effecting 
fire insurance on municipal buildings or other municipal 
property against loss or damage by fire, lightning or other- 
wise; provided, that nothing in this paragraph shall prevent 
any city or town from appropriating money for effecting 
fire insurance under authority of any other general or special 
law applicable thereto. Approved March 21, 1941- 

An Act authorizing the county commissioners of essex Qfidj) \^i 

COUNTY to purchase ADDITIONAL LAND IN MIDDLETON 
AND DANVERS, INCLUDING BUILDINGS THEREON AND TO 
ALTER SUCH BUILDINGS, FOR THE PURPOSES OF THE ESSEX 
COUNTY AGRICULTURAL SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of 'purchasing additional 
land in Middleton and Danvers and of alterations of any 
buildings thereon, to be used for the purposes of the Essex 
county agricultural school, the county commissioners of the 
county of Essex may, from time to time, borrow upon the 
credit of the county such sums as may be necessary, not 
exceeding, in the aggregate, twenty thousand dollars, and 
may issue bonds or notes of the county therefor. Each 
authorized issue shall constitute a separate loan, and such 



92 



Acts, 1941. — Chaps. 132, 133. 



loans shall be payable in not more than jBve years from 
their dates. Such bonds or notes shall be signed by the 
treasurer of the county and countersigned by a majority of 
the county commissioners. The county may sell the said 
securities at public or private sale upon such terms and 
conditions as the county commissioners may deem proper, 
but not for less than their par value. Indebtedness incurred 
hereunder shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 2. This act shall take full effect upon its ac- 
ceptance, prior to December thirty-first in the current year, 
by the county commissioners of the county of Essex. 

Approved March 21, 1941. 



Chap. 1S2 An Act forbidding refunds of fees paid for dog li- 
censes IN CERTAIN CASES. 



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



Refunds of 
fees for dog 
licenses. 



Be it enacted, etc., as follows: 

Section one hundred and thirty-nine of chapter one hun- 
dred and forty of the General Laws, as most recently amended 
by chapter twenty-three of the acts of nineteen hundred and 
thirty-nine, is hereby further amended by adding at the end 
the following new sentence : — No license fee or part thereof 
shall be refunded because of the subsequent death, loss, spay- 
ing, or removal from the commonwealth or other disposal, 
of the dog, nor shall any license fee or part thereof paid by 
mistake be paid or recovered back after it has been paid 
over to the county under section one hundred and forty- 
seven. Approved March 21, 1941. 



Chap.lSS An Act relative to a special form of transfer license 

TO BE ISSUED IN THE CASE OF THE REMOVAL OF A DOG 
FROM ONE TOWN TO ANOTHER. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty of the Gen- 
eral Laws is hereby amended by striking out section one 
hundred and forty-six, as amended by section ten of chapter 
three hundred and twenty of the acts of nineteen hundred 
and thirty-four, and inserting in place thereof the follow- 
ing section: — Section lJf.6. A license duly recorded shall be 
valid throughout the commonwealth, except that, in the 
case of the permanent removal of a dog into another town 
within the commonwealth, the owner or keeper thereof 
shall, within thirty days after such removal, present the 
original license and tag of such dog to the clerk of the town 
to which such dog has been removed, and such clerk shall 
take up the same and issue to said owner or keeper a transfer 
license, together with a tag, for such dog upon payment of 
twenty-five cents which shall be retained by the clerk unless 
otherwise provided by law. The provisions of section one 
hundred and thirty-seven relative to the form and furnish- 



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



License valid 
throughout 
state, excep- 
tions. 



Acts, 1941. — Chap. 133. 93 

ing of licenses and tags shall apply to licenses and tags issued 
under this section. 

Section 2. Section one hundred and forty-seven of said Sj^jJo''- 
chapter one hundred and forty, as amended by section § 147, etc., 
eleven of said chapter three hundred and twenty, is hereby '^n^e^^^'i- 
further amended by inserting after the word ''blanks" in 
the thirtieth line the words : — and all licenses and tags 
taken up in accordance with section one hundred and forty- 
six, — so as to read as follows: — Section lJf7. The police issuing of 
commissioner of Boston and the clerks of other cities and of gition^of feea° 
towns shall issue said licenses and tags, receive the money 
therefor and pay it into the treasuries of their respective 
cities and towns on the first Monday of each month or 
oftener, retaining, except in Boston, for their own use twenty 
cents for each license unless otherwise provided by law, and 
shall certify under penalties of perjuiy to the amounts of 
money thus received and paid over by them. The city and 
town treasurers shall pay into the treasuries of their respec- 
tive counties, except in the county of Suffolk, on or before 
June first and December first of each year the amounts 
received by thein on account of such licenses and not previ- 
ously paid over and shall certify under penalties of perjury 
to the amounts of money thus received and paid over by 
them. All such licenses shall bear the date of issue and no 
other. The police commissioner of Boston and each such 
city or town clerk shall make a record, in books kept there- 
for and to be furnished, except in the county of Suffolk, by 
the county in which such city or town is located, of each 
license issued by him, of the name of the owner or keeper of 
each dog licensed, and of the name, registered number and 
description of each such dog, and such books shall be open 
to public inspection during the usual office hours of such 
police commissioner or city or town clerk. All blanks for 
such licenses and tags and all such record books shall be 
paid for out of the dog fund. Each city or town clerk, 
except in Suffolk county, shall, within thirty days next suc- 
ceeding April first in each year return to the county all 
license books and tags furnished for the preceding license 
year, including all stubs and void licenses and unused li- 
cense blanks and all licenses and tags taken up in accordance 
with section one hundred and forty-six. The said police 
commissioner and any city or town clerk or city or town 
treasurer violating any provision of this section shall be 
punished by a fine of not less than fifty nor more than five 
hundred dollars or by imprisonment for not less than one 
month nor more than one year, or both. If such a city or 
town clerk neglects or fails to pay such money into the city 
or town treasury as required by this section, the city or 
town may recover the amount thereof for the benefit of the 
county, with all damages sustained through such neglect or 
failure, and interest, in an action on the official bond re- 
quired, in the case of a city clerk, by section thirteen A of 
chapter forty-one and, in the case of a town clerk, by section 



94 Acts, 1941. — Chaps. 134, 135. 

thirteen of said chapter forty-one. All payments required 
hereunder shall be subject to the provisions of section fifty- 
two of said chapter forty-one. 

Approved March 21, 1941. 

C hap. 1S4 ^^ Act relative to the renewal of certain tempo- 
rary REVENUE LOANS BY CITIES, TOWNS AND DISTRICTS. 

Be it enacted, etc., as follows: 

Chapter twelve of the acts of nineteen hundred and thirty- 
five, as most recently amended by chapter sixty-eight of the 
acts of nineteen hundred and thirty-nine, is hereby further 
amended by striking out, in the seventh, eighth and ninth 
lines, the w^ords "nineteen hundred and thirty-eight, nine- 
teen hundred and thirty-nine or nineteen hundred and forty" 
and inserting in place thereof the words : — nineteen hun- 
dred and forty, nineteen hundred and forty-one or nineteen 
hundred and forty-two, — so as to read as follows: — Any 
city, town or district, with the approval of the board speci- 
fied in clause nine of section eight of chapter forty-four of 
the General Laws, may extend, for a period or periods not 
exceeding in the aggregate six months be3^ond the maximum 
term provided by law for an original revenue loan, any loan 
issued in anticipation of the revenue of the year nineteen 
hundred and forty, nineteen hundred and forty-one or nine- 
teen hundred and forty-two, and the approval as aforesaid 
of any such extension shall authorize the issue of renewal 
notes for the period or periods so approved, notwithstand- 
ing the provisions of said chapter forty-four. During the 
time that any such revenue loan, extended as aforesaid, re- 
mains outstanding, none of the receipts from the collection 
of taxes assessed by such city, town or district 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 21, 1941. 

Chap. 13d ^^ ^^^ REQUIRING CLERKS OF DISTRICT COURTS TO FURNISH 
TO THE DIRECTOR OF CIVIL SERVICE INFORMATION RELA- 
TIVE TO CERTAIN PETITIONS BROUGHT UNDER THE CIVIL 
SERVICE LAW^S IN SUCH COURTS. 

Be it enacted, etc., as follows: 

EdV' s-f^'^new Chapter thirty-one of the General Laws is hereby amended 

8ection45B, by inserting after section forty-five A, inserted by chapter 

added. ^^^ huudrcd and ninety of the acts of nineteen hundred and 

Reports of thirty-four, the following new section: — Section 4-5 B. Each 

tfons'by'derks clcrk of a district court shall, annually on or before October 

of d^istrict fifteenth, make a written report to the director, containing 

the following information : — number of petitions brought 

before his court under sections forty-tw^o B and forty-five 

of this chapter during the year ending on the next preceding 

September thirtieth, the position and place of employment 



Acts, 1941. — Chaps. 136, 137. 95 

of each petitioner, the nature of the action sought to be 
reviewed in each case, and the decision, if any, of the court 
in each such case, together with all decisions oil the court in 
all cases brought under said sections which were pending 
and undecided at the beginning of said year. 

Approved March 21, 1941. 



An Act further regulating the separation from the (jf^^jj J3g 

CLASSIFIED CIVIL SERVICE OF PERSONS FORMERLY RECEIV- ^' 

ING workmen's COMPENSATION. 

Be it enacted, etc., as follows: 

The last paragraph of section forty-six E of chapter thirty- o. l. (Ter. 
one of the General Laws, as most recently amended by sec- f teVetc, 
tion forty-seven of chapter two hundred and thirty-eight of amended. ' 
the acts of nineteen hundred and thirty-nine, is hereby fur- 
ther amended by striking out, in the second and third lines, 
as appearing in chapter two hundred and ninety-seven of 
the acts of nineteen hundred and thirty-six, the words "for 
a period not exceeding three years", — so as to read as 
follows : — 

If a person in the classified civil service, whether official Leave of 
or labor, who is unable to work because of injuries received account of 
in the performance of duty and on account of which com- 'Uneas. 
pensation under chapter one hundred and fifty-two is paid, 
not later than six months after the final payment of com- 
pensation aforesaid gives to the director written notice that 
he is ready, willing and able to do his former work, and 
presents to him a certificate of a registered physician, ap- 
proved by the director, that he is physically fit to efficiently 
perform the duties of his position, he shall not be deemed, 
by reason of such inability to work, to have become sepa- 
rated from such service, and any seniority rights to which 
he was entitled at the time of receiving such injuries shall 
be preserved. Approved March 21, 19If.l. 

An Act relative to the tenure of office of the super- (JJiq^j) ]^37 
intendent of outdoor work of the board of public 
works in the city of holyoke. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of any incumbent of the 
office of superintendent of outdoor work of the board of 
public works in the city of Holyoke shall be unlimited, sub- 
ject, however, to the civil service laws and rules and regu- 
lations, notwithstanding any provisions in the charter of 
said city. 

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

Approved March 22, 1941. 



96 Acts, 1941. — Chaps. 138, 139. 



Chap. ISS An Act relative to the meetings of the advisory 

BOARD OF EDUCATION. 

Be it enacted, etc., as follows: 

Edv/i5?'§3. Section three of chapter fifteen of the General Laws, as 
amended. ' appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "month" in the third hne the 
words : — , except during June, July and August, — so as 
boa^d"'^^ to read as follows: — Section 3. The governor, with -the 

advice and consent of the council, shall annually appoint 
two members of the board for three years each. The board 
shall meet at least once a month, except during June, July 
and August, and at such other times as it may determine 
by rule and when requested by the commissioner or by any 
three members. The members of the board shall serve 
without compensation,' but shall be reimbursed for their 
actual necessary expenses incurred in the performance of 
their duties. Approved March 22, 1941 

Chap. 139 An Act relative to the dates as of which amounts 

TO BE PAID OR REPAID ON ACCOUNT OF DEFICITS IN THE 
COSTS OF OPERATION OF THE BOSTON ELEVATED RAILWAY 
COMPANY SHALL BE DETERMINED. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifty-nine of the 
Special Acts of nineteen hundred and eighteen is hereby 
amended by striking out section eleven, as most recently 
amended by section one of chapter ninety-nine of the acts 
of nineteen hundred and thirty-five, and inserting in place 
thereof the following section: — Section 11. If, as of the 
last day of June in the year nineteen hundred and nineteen, 
or as of the last day of any June thereafter to and including 
the last day of June in the year nineteen hundred and 
thirty-four, or as of the last day of March in any year after 
the year nineteen hundred and thirty-four to and including 
the last day of March in the year nineteen hundred and 
forty-one, or as of the last day of December in the year 
nineteen hundred and forty-one, or as of the last day of 
December in any year after the year nineteen hundred and 
forty-one, the amount remaining in the reserve fund shall 
be insufficient to meet the deficiency mentioned in section 
nine, it shall be the duty of the trustees to notify the treas- 
urer and receiver general of the commonwealth of the amount 
of such deficiency, less the amount, if any, in the reserve 
fund applicable thereto, and the commonwealth shall there- 
upon pay over to the company the amount so ascertained. 
Pending such payment it shall be the duty of the trustees 
to borrow such amount of money as may be necessary to 
enable them to make all payments, including dividend pay- 
ments, as they become due. If, as of the last day of any 



Acts, 1941. — Chap. 140. 97 

June in any year after the year nineteen hundred and nine- 
teen to and including the last day of June in the year nineteen 
hundred and thirty-four, or as of the last day of March in 
any year after the year nineteen hundred and thirty-four 
to and including the last day of March in the year nineteen 
hundred and forty-one, or as of the last day of December in 
the year nineteen hundred and forty-one, or as of the last 
day of December in any year after the year nineteen hun- 
dred and forty-one, during the period of public operation, 
the reserve fund shall exceed the amount originally estab- 
lished, the trustees shall apply the excess, so far as neces- 
sary, to reimbursing the commonwealth for any amounts 
which it may have paid to the company under the provi- 
sions hereof, and the commonwealth shall thereupon dis- 
tribute the amount so received among the cities and tpwns 
in which the company operates, in proportion to the amounts 
which they have respectively been assessed as provided in 
section fourteen. 

In order to meet any payment required of the common- 
wealth under the provisions of this section the treasurer and 
receiver general may borrow at any time, in anticipation of 
the assessments to be levied upon the cities and towns, such 
sums of money as may be necessary to make said payments, 
and he shall repay any sums so borrowed as soon after said 
assessments are paid as is expedient. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the Boston Elevated Railway Company by 
vote of its board of directors and upon the filing of a cer- 
tificate of such acceptance with the state secretary; pro- 
vided, that such acceptance and filing occur during the cur- 
rent year. Approved March 25, 1941- 



An Act providing for modification of the terms and (Jhav 140 

CONDITIONS UNDER WHICH THE BOSTON ELEVATED RAIL- 
WAY COMPANY IS USING CERTAIN ALTERATIONS IN AND EX- 
TENSIONS TO THE BOYLSTON STREET SUBWAY AND MAKING 
CERTAIN CHANGES RELATIVE TO PAYMENTS IN CONNECTION 
WITH SUCH USE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and 
forty-one of the acts of nineteen hundred and twenty-five, 
as most recently amended by section one of chapter one 
hundred of the acts of nineteen hundred and thirty-five, is 
hereby further amended by striking out the words inserted 
by said section one of said chapter one hundred and in- 
serting in place thereof the following : — The rental shall be 
payable annually on the twenty-fifth day of July in each 
year to and including the year nineteen hundred and thirty- 
four, and on the twenty-fifth day of April in each year there- 
after to and including the year nineteen hundred and forty- 



98 Acts, 1941. — Chap. 140. 

one, and on the twenty-fifth day of January in each year 
thereafter. Any alteration or extension made under this 
act shall be deemed a part of the Boylston Street subway. 
Such contract for use shall provide that the company shall 
pay to the city of Boston for each full year ending with the 
last day of June to and including the last day of June, nine- 
teen hundred and thirty-four, and ratably for the nine 
months' period commencing on July first, nineteen hundred 
and thirty-four, and ending with the last day of March, 
nineteen hundred and thirty-five, and for each full year 
ending with the last day of March thereafter to and includ- 
ing the year nineteen hundred and forty-one, and ratably 
for the nine months' period commencing on April first, nine- 
teen hundred and forty-one and ending with the last day of 
December, nineteen hundred and forty-one, and for each 
full year thereafter, and ratably for any portion of a year, 
an annual rental, which shall be sufficient to provide an 
amount equal to one half of one per cent of the net cost of 
such alterations and extensions in addition to the annual 
amount of interest on the subway bonds issued to pay for 
said net cost, but not less than four and one half per cent 
of said net cost in any event; provided, that said annual 
rental shall be payable by the company in any year only 
if and to the extent that the reserve fund provided for by 
section five of chapter one hundred and fifty-nine of the 
Special Acts of nineteen hundred and eighteen exceeds on 
the last day of June in any year to and including the year 
nineteen hundred and thirty-four or on the last day of 
March in any j^ear thereafter to and including the year 
nineteen hundred and forty-one, or on the last day of De- 
cember, nineteen hundred and forty-one, or on the last day 
of December in any year thereafter, the amount originally 
established, such excess to be determined and obligation to 
pay such rental to accrue in priority to any reimbursement 
of the commonwealth under sections eleven and thirteen of 
said chapter one hundred and fifty-nine. If by virtue of 
the foregoing proviso the company does not make the full 
rental payments as above provided, the commonwealth 
shall, during the term of said contract and until the sub- 
way bonds issued by the city of Boston under this section 
shall have been paid, or a sinking fund accumulated suffi- 
cient to pay the same at maturity, pay to the city of Boston 
on or before August first in each year to and including the 
year nineteen hundred and thirty-four, and on or before 
May first in each year thereafter to and including the year 
nineteen hundred and forty-one, and on or before February 
first in each year thereafter, one half of any amounts so 
unpaid, and the city of Boston shall place the other half in 
its next ensuing tax levy. 

Section 2. Said chapter three hundred and forty-one is 
hereby further amended by striking out section three, as 
most recently amended by section two of said chapter 
one hundred, and inserting in place thereof the following 



Acts, 1941. — Chap. 140. 99 

section : — Section 3. If, as of the last day of June in any 
year to and including the year nineteen hundred and thirty- 
four, or as of the last day of March in any year thereafter 
to and including the year nineteen hundred and forty-one, 
or as of the last day of December, nineteen hundred and 
forty-one, or as of the last day of December in any year 
thereafter, during the period of public operation of the com- 
pany under the provisions of said chapter one hundred and 
fifty-nine, the reserve fund provided for in said chapter 
shall, after deducting the amount of the rental herein pro- 
vided for, exceed the amount originally established, the 
trustees of the Boston Elevated Railway Company shall 
apply the excess, so far as necessary, to reimburse the com- 
monwealth for all amounts paid by the commonwealth to 
the city of Boston under the provisions of section two of 
this act, and in priority to any reimbursement of the com- 
monwealth under sections eleven and thirteen of said chap- 
ter one hundred and fifty-nine. 

Section 3. Said chapter three hundred and forty-one 
is hereby further amended by striking out section five, in- 
serted by section three of chapter three hundred and ninety- 
four of the acts of nineteen hundred and thirty, and as 
amended by section three of said chapter one hundred, and 
inserting in place thereof the following section : — Section 5. 
Upon and after such termination of public operation, the 
company shall, on or before the thirty-first day of January 
in each year, report to the state treasurer the amount, if 
any, by which said reserve fund on the preceding thirty- 
first day of December, after deducting the amount of the 
rental herein provided for, exceeded the amount originally 
established, and the company shall thereupon pay over such 
excess in so far as necessary to reimburse the common- 
wealth for all amounts paid after such termination of public 
operation by the commonwealth to the city of Boston under 
the provisions of section two of this act. If the state treas- 
urer or the attorney general is not satisfied as to the cor- 
rectness of said report, either may, at any time within sixty 
days after its receipt, petition the department of pubUc utiU- 
ties for a determination of such excess and said department 
shall determine the same. If the amount of such excess, 
so determined, is greater than the amount originally re- 
ported, the balance shall be paid by the company to the 
commonwealth within twenty days from the date of such 
determination. 

Section 4. The acceptance of this act by the Boston 
Elevated Railway Company and the city of Boston, as 
hereinafter provided, shall constitute an agreement on the 
part of the city and the company to execute a contract 
modifying, in accordance with the provisions of this act, 
the existing contract between the city and the company for 
the use of the alterations and extensions of the Boylston 
Street subway made pursuant to the provisions of said chap- 
ter three hundred and forty-one, as amended. 



100 



Acts, 1941. — Chap. 141. 



Section 5. This act shall take full effect upon its ac- 
ceptance both by vote of the city council of the city of 
Boston, approved by the mayor, and by the Boston Ele- 
vated Railway Company by vote of its board of directors, 
and upon filing of certificates of such acceptances with the 
state secretary; provided, that such acceptances, approval 
and fiUng occur during the current year. 

Approved March 25, 1941. 



Chap. 14:1 An Act establishing the basis of apportionment of 

STATE AND COUNTY TAXES. 

Emergency Whereas, It is essential to the determination of the mu- 

pream e. nicipal tax rates that any new basis of apportionment of 
the state and county taxes be fixed promptly, and the de- 
ferred operation of this act would cause great inconvenience 
in the determination of such tax rates, therefore this act is 
hereby declared to be a-n emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

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

Polls, Property and Apportionment of State and 
County Tax. 

BARNSTABLE COUNTY. 









Tax of $1,000. 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Barnstable 


2,930 


$27,511,746 


$3 87 


Bourne 






1,186 


9,968,613 


1 42 


Brewster . 






260 


2,400,307 


34 


Chatham 






768 


7,356,587 


1 03 


Dennis 






710 


4,999,999 


72 


Eastham . 






215 


1,500,159 


22 


Falmouth 






2,288 


23,511,710 


3 29 


Harwich . 






898 


7,525,867 


1 07 


Mashpee . 






152 


1,030,845 


15 


Orleans . 






5.37 


4,.300,523 


61 


Provincetown 






1,345 


5,050,139 


79 


Sandwich 






521 


2,850,762 


42 

1 



Acts, 1941. — Chap. 141. 



101 



BARNSTABLE COUNTY — Concluded. 



Cities and Towns. 


Polls. 


Property. 


Tax of $1,000, 

including 

Polls at one 

tenth of a 

mill each. 


Truro .... 
Wellfleet .... 
Yarmouth 


206 
286 
793 


$1,879,961 

2,302,284 
6,609,296 


$0 27 

33 
94 


Totals 


13,095 


$108,798,798 


$15 47 



BERKSHIRE COUNTY, 



Adams .... 


4,526 


$10,353,282 


$1 80 


Alford . 






76 


341,637 


05 


Becket . 






254 


753,827 


12 


Cheshire . 






551 


1,203,046 


21 


Clarksburg 






494 


818,453 


16 


Dalton . 






1,374 


7,537,630 


1 12 


Egremont 






171 


1,109,026 


16 


Florida 






140 


1,601,970 


22 


Great Barrington 






2,144 


9,323,827 


1 43 


Hancock . 






141 


451,747 


07 


Hinsdale . 






420 


999,409 


17 


Lanesborough . 






461 


1,513,597 


24 


Lee 






1,434 


5,519,705 


86 


Lenox 






995 


5,864,087 


86 


Monterey 






113 


905,778 


13 


Mount "Washington 






18 


225,000 


03 


New Ashford . 






31 


181,300 


03 


New Marlborough 






335 


1,327,554 


21 


North Adams . 






7,218 


22,009,172 


3 58 


Otis 






147 


714,531 


11 


Peru 






47 


250,500 


04 


Pittsfield . 






16,624 


64,904,723 


10 10 


Richmond 






199 


811,001 


13 


Sandisfield 






186 


756,199 


12 


Savoy 






116 


200,000 


04 


SheflSeld . 






635 


1,731,435 


29 


Stockbridge 






658 


4,632,283 


67 


Tyringham 






81 


505,619 


07 


Washington 






82 


222,599 


04 


West Stockbridge 






378 


1,410,828 


22 


Williamstown . 






1,525 


7,569,804 


1 14 


Windsor . 






127 


506,312 


08 


Totals 






41,701 


$156,255,881 


$24 50 



BRISTOL COUNTY 



Acushnet 
Attleboro 
Berkley 
Dartmouth 




$3,494,520 

27,289,726 

1,009,117 

11,982,928 



$0 59 

4 30 

17 

1 87 



102 



Acts, 1941. — Chap. 141. 



BRISTOL COUNTY — Concluded. 









Tax of $1,000. 

including 

Polls at one 


Cities and Towns. 


Polls. 


Property. 








tenth of a 








mill each. 


Dighton .... 


907 


$3,565,579 


$0 55 


Easton 




1,923 


5,297,859 


88 


Fairhaven 




3,500 


11,887,571 


1 90 


Fall River 




36,071 


111,605,228 


18 12 


Freetown 




554 


1,520,660 


25 


Mansfield 




2,262 


7,999,210 


1 27 


New Bedford . 




35,976 


117,842,417 


18 93 


North Attleborough 




3,631 


10,973,303 


1 79 


Norton 




1,065 


2,693,533 


46 


Ravnham 
Rehoboth 




733 


2,027,933 


34 




1,011 


2,833,923 


47 


Seekonk . 




1,568 


5,818,409 


91 


Somerset . 




1,949 


13,255,364 


1 92 


Swansea . 




1,616 


4,469,235 


74 


Taunton . 




11,756 


36,744,726 


5 96 


Westport 




1,412 


5,563,345 


86 


Totals 




118,193 


$387,874,586 


$62 28 



COUNTY OF DUKES COUNTY. 



Chilmark 


84 


$750,012 


$0 11 


Edgartown 






487 


5,009,296 


70 


Gay Head 






46 


170,000 


03 


Gosnold . 






47 


1,300,000 


17 


Oak Bluffs 






540 


5,001,862 


70 


Tisbury 






541 


6,004,971 


84 


West Tisbury 






84 


900,041 


13 


Totals 






1,829 


$19,1.36,182 


$2 68 



ESSEX COUNTY. 



Amesbury 


3,609 


$9,540,327 


$1 60 


Andover . 






3,670 


18,869,897 


2 82 


Beverly . 






7,688 


41,301,949 


6 14 


Boxford . 






291 


1,501,457 


22 


Danvers . 






3,687 


14,187,012 


2 21 


Essex 






557 


1,420,746 


24 


Georgetown 






751 


2,000,827 


34 


Gloucester 






8,212 


39,739,139 


5 99 


Groveland 






729 


1,602,082 


28 


Hamilton 






691 


5,808,344 


82 


Haverhill 






15,821 


51,074,572 


8 23 


Ipswich . 






2,074 


7,049,345 


1 12 


Lawrence 






28,338 


99,521,119 


15 78 


Lynn 






30,455 


141,590,933 


21 46 


Lynnfield 






855 


4,745,760 


70 


Manchester 






875 

1 


11,537,071 


1 59 



Acts, 1941. — Chap. 141. 



103 



ESSEX COUNTY — CONCLTTDBD. 









Tax of $1,000, 








including 


Cities and Towns. 


PoUa. 


Property. 


Polls at one 
tenth of a 
mill each. 


Marblehead 


3,769 


$22,688,246 


$3 33 


Merrimac 






831 


1,658,066 


30 


Methuen . 






7,204 


21,012,605 


3 45 


Middleton 






541 


2,205,846 


34 


Nahant . 






708 


6,061,675 


86 


Newbury 






563 


2,513,309 


38 


Newburyport 






4,673 


12,579,737 


2 10 


North Andover 






2,654 


8,390,377 


1 36 


Peabody . 






7,554 


23,720,533 


3 84 


Rockport 






1,336 


6,090,535 


93 


Rowley . 






524 


1,500,095 


25 


Salem 






13,013 


59,656,039 


9 06 


Salisbury 






971 


3,048,821 


49 


Saugus 






4,966 


16,269,296 


2 61 


Swampscott 






3,606 


25,239,157 


3 64 


Topsfield . 






345 


3,306,444 


46 


Wenham . 






459 


4,006,175 


57 


West Newbury 




473 


1,504,667 


24 


Totals 






162,493 


$672,942,203 


$103 75 



FRANKLIN . COUNTY. 



Ashfield .... 


321 


$1,313,109 


$0 20 


Bernardston 






305 


1,004,742 


16 


Buckland 






524 


3,073,596 


45 


Charlemont 






229 


1,006,096 


15 


Colrain . 






519 


1,663,200 


27 


Conway . 






295 


1,106,305 


17 


Deerfield . 






999 


4,539,258 


69 


Erving 






452 


2,370,149 


35 


Gill 






358 


1,004,894 


17 


Greenfield 






5,305 


31,721,746 


4 66 


Hawley . 






96 


250,676 


04 


Heath 






102 


400,000 


06 


Leverett . 






200 


514,052 


09 


Leyden 






96 


326,095 


05 


Monroe . 






87 


1,135,849 


16 


Montague 






2,582 


10,577,743 


1 63 


New Salem 






140 


350,044 


06 


Northfield 






628 


2,027,305 


33 


Orange 






1,898 


4,999,999 


84 


Rowe 






82 


764,246 


11 


Shelburne 






526 


3,535,558 


51 


Shutesbury 






83 


400,086 


06 


Sunderland 






355 


1,303,679 


21 


Warwick . 






148 


350,077 


06 


Wendell . 


^ 


133 


310,623 


05 


Whately . 


• 


372 


1,503,192 


23 


Totals 






16,835 


$77,552,319 


$11 76 



104 , 



Acts, 1941. — Chap. 141. 



HAMPDEN COUNTY. 









Tax of $1,000, 








including 


Cities and Towns 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Agawam .... 


2,529 


$9,464,736 


$1 48 


Blandford 




193 


900,000 


14 


Brimfield 




367 


1,108,698 


18 


Chester . 




471 


1,390,833 


23 


Chicopee . 




13,403 


40,532,371 


6 61 


East Longmeadow 




1,204 


4,517,286 


71 


Granville 




251 


2,025,032 


29 


Hampden 




368 


1,003,188 


17 


Holland . 




90 


300,000 


05 


Holyoke . 




17,722 


84,276,130 


12 73 


Longmeadow . 




1,764 


18,063,128 


2 53 


Ludlow . 




2,500 


8,096,060 


1 30 


Monson . 




1,319 


3,278,308 


56 


Montgomery 




58 


300,000 


05 


Palmer 




2,960 


7,509,604 


1 27 


Russell 




390 


3,712,397 


52 


Southwick 




567 


2,532,267 


39 


Springfield 




48,451 


274,096,171 


40 50 


Tolland . 




50 


456,998 


06 


Wales 




148 


312,873 


06 


West Springfield 




5,576 


26,775,167 


4 04 


Westfield 




6,613 


21,411,990 


3 45 


Wilbraham 




1,101 


3,147,078 


52 


Totals 




108,095 


$515,210,315 


$77 84 



HAMPSHIRE COUNTY. 



Amherst .... 


2,098 


$10,078,382 


$1 52 


Belchertown 






835 


1,670,715 


30 


Chesterfield 






153 


604,065 


09 


Cummington 






198 


602,341 


10 


Easthampton 






3,424 


11,156,071 


1 79 


Goshen . 






93 


402,077 


06 


Granby . 






380 


1,105,449 


18 


Hadley . 






888 


3,006,417 


48 


Hatfield . 






802 


2,808,683 


45 


Huntington 






483 


1,121,810 


19 


Middlefield 






89 


353,960 


06 


Northampton 






7,095 


28,093,088 


4 36 


Pelham 






163 


751,307 


11 


Plainfield 






76 


350,730 


05 


South Hadley 






2,174 


9,505,460 


1 45 


Southampton 






353 


1,008,180 


17 


Ware 






2,584 


6,397,433 


1 09 


Westhampton 






122 


501,412 


08 


Williamsburg 






582 


1,534,140 


26 


Worthington 






191 


801,794 


12 


Totals 






22,783 


$81,853,514 


$12 91 



Acts, 1941.— Chap. 141. 



105 



MIDDLESEX COUNTY. 









Tax of $1,000, 

including 

Polls at one 


Cities and Towns. 


Polls. 


Property. 








tenth of a 








mill each. 


Acton . . , . 


910 


$4,053,820 


$0 62 


Arlington 






12,567 


62,291,083 


9 36 


Ashby 






389 


1,094,404 


18 


Ashland . 






936 


2,748,305 


45 


Ayer 






991 


4,036,057 


62 


Bedford , 






748 


2,671,393 


42 


Belmont . 






8,295 


53,928,552 


7 84 


Billerica . 






2,423 


9,387,404 


1 46 


Boxborough 






136 


400,000 


07 


Burlington 






806 


2,523,951 


41 


Cambridge 






34,793 


185,183,274 


27 57 


Carlisle 






223 


1,190,568 


18 


Chelmsford 






2,657 


8,024,478 


1 31 


Concord . 






2,293 


12,662,863 


1 88 


Dracut 






2,249 


4,349,999 


79 


Dunstable 






136 


500,000 


08 


Everett 






14,936 


74,739,013 


11 21 


Framingham 






7,217 


36,658,254 


5 49 


Groton 






936 


4,797,975 


72 


HoUiston . 






1,003 


3,949,390 


61 


Hopkinton 






922 


3,559,896 


56 


Hudson . 






2,730 


7,014,446 


1 19 


Lexington 






3,631 


25,151,469 


3 63 


Lincoln . 






635 


4,012,412 


59 


Littleton . 






614 


3,094,689 


46 


Lowell 






29,326 


98,695,325 


15 77 


Maiden . 






18,730 


75,392,344 


11 68 - 


Marlborough 






5,110 


16,560,498 


2 67 


Maynard 






2,605 


7,482,680 


1 23 


Medford . 






20,060 


85,174,878 


13 08 


Melrose . 






8,191 


40,499,163 


6 09 


Natick 






4,647 


21,435,770 


3 25 


Newton . 






22,061 


172,938,145 


24 70 


North Reading 






940 


2,465,653 


41 


Pepperell 






1,024 


3,228,529 


52 


Reading . 






3,654 


18,354,846 


2 75 


Sherborn . 






374 


3,020,359 


43 


Shirley 






754 


2,413,605 


39 


Somerville 






32,088 


108,968,401 


17 38 


Stoneham 






3,541 


16,141,913 


2 45 


Stow 






454 


1,851,999 


29 


Sudbury . 






625 


4,023,046 


59 


Tewksbury 






1,119 


4,849,999 


74 


Townsend 






709 


2,665,340 


42 


Tyngsborough . 






483 


1,501,366 


24 


Wakefield 






5,315 


22,224,041 


3 42 


Waltham 






12,020 


56,699,546 


8 58 


Watertown 






10,731 


55,852,348 


8 34 


Wayland . 






1,206 


6,035,634 


91 


Westford . 






1,096 


4,595,415 


71 


Weston . 






1,503 


11,033,179 


1 59 


Wilmington 






1,590 


4,500,000 


74 


Winchester 






4,441 


35,215,980 


5 02 


Woburn . 






6,165 


22,544,900 


3 55 


Totals 

E 






303,738 


$1,424,388,597 


$215 64 



106 



Acts, 1941. — Chap. 141. 



NANTUCKET COUNTY. 



Cities and Towns. 


Polls. 


Property. 


Tax of $1,000. 

including 

Polls at one 

tenth of a 

mill each. 


Nantucket 


1,135 


$13,074,868 


$1 81 


Totals 


1,135 


$13,074,868 


$1 81 



NORFOLK COUNTY. 



Avon .... 


701 


$2,035,430 


$0 34 


Bellingham 






1,079 


2,651,434 


45 


Braintree 






5,605 


28,099,834 


4 22. 


Brookline 






15,956 


156,679,693 


21 97 


Canton 






2,081 


9,414,591 


1 43 


Cohasset . 






1,125 


10,578,029 


1 49 


Dedham . 






5,308 


27,249,029 


4 08 


Dover 






454 


6,024,926 


83 


Foxborough 






1,419 


6,283,693 


96 


Franklin . 






2,300 


9,384,424 


1 45 


Holbrook 






1,031 


3,650,191 


58 


Medfield . 






780 


3,052,462 


48 


Medway . 






1,164 


3,195,839 


53 


Millis 






771 


3,266,939 


50 


Milton 






6,216 


42,276,230 


6 12 


Needham 






4,176 


26,366,935 


3 85 


Norfolk . 






411 


1,629,391 


25 


Norwood . 






5,232 


27,750,526 


4 13 


Plainville 






559 


1,635,463 


27 


Quincy 






24,561 


134,248,237 


19 92 


Randolph 






2,405 


7,410,426 


1 20 


Sharon 






1,258 


6,461,237 


97 


Stoughton 






2,942 


9,531,021 


1 53 


Walpole . 






2,596 


17,633,929 


2 55 


Wellesley . 






4,482 


46,080,595 


6 44 


Westwood 






1,177 


7,538,322 


1 10 


Weymouth 






7,768 


53,053,332 


7 68 


Wrentham 






896 


3,950,331 


60 


Totals 






104,453 


$657,132,489 


$95 92 



PLYMOUTH COUNTY. 



Abington 


1,928 


$5,799,462 


$0 95 


Bridgewater 
Brockton 




2,153 


6,810,364 


1 10 




21,212 


73,285,413 


11 65 


Carver 




562 


3,167,201 


47 


Duxbury . 




858 


8,028,140 


1 13 


East Bridgewater 




1,265 


5,068,404 


79 


Halifax . 




314 


1,721,288 


26 


Hanover . 




944 


3,870,692 


60 


Hanson 




905 


2,725,503 


44 


Hingham 




2,488 


17,062,339 


2 47 


HuU . . . . 

__ , , 


1,006 


17,015,842 


2 31 



Acts, 1941. — Chap. 141. 



107 



PLYMOUTH COUNTY — Concluded. 









Tax of $1,000, 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Kingston .... 


994 


$4,685,687 


$0 71 


Lakeville . 




547 


1,501,367 


25 


Marion . 




686 


5,560,810 


79 


Marshfield 




902 


8,528,681 


1 20 


Mattapoisett . 




557 


3,735,387 


54 


Middleborough 




3,125 


9,665,433 


1 57 


Norwell . 




618 


2,558,821 


39 


Pembroke 




665 


3,194,796 


48 


Plymouth 




4,650 


23,861,326 


3 57 


Plympton 




189 


809,624 


12 


Rochester 




467 


1,531,658 


25 


Rockland 




2,705 


8,857,168 


1 42 


Scituate . 




1,474 


13,127,582 


1 86 


Wareham 




2,464 


14,805,477 


2 17 


West Bridgewater 




1,104 


3,353,940 


55 


Whitman 




2,640 


8,662,841 


1 39 


Totals 




57,422 


$258,995,246 


$39 43 





SUFFOLK COUNTY. 




Boston 
Chelsea . 
Revere 
Winthrop 




250,753 

- 13,695 

11,135 

5,519 


$1,511,499,729 
45,728,672 
39,240,828 
25,340,227 


$221 67 
7 32 
6 22 
3 85 


Totals 


281,102 


$1,621,809,456 


$239 06 



WORCESTER COUNTY. 



Ashburnham 


867 


$1,878,889 


$0 33 


Athol 






3,904 


12,982,899 


2 08 


Auburn 






2,299 


6,840,155 


1 12 


Barre 






1,234 


3,002,521 


51 


Berlin 






348 


1,221,935 


19 


Blackstone 






1,449 


2,173,956 


43 


Bolton 






294 


1,213,271 


19 


Boylston . 






402 


1,000,000 


17 


Brookfield 






469 


1,459,281 


24 


Charlton . 






821 


2,172,543 


36 


Clinton . 






4,123 


11,833,902 


1 95 


Douglas . 






841 


2,443,409 


40 


Dudley . 






1,445 


3,755,617 


63 


East Brookfield 






348 


1,119,342 


18 


Fitchburg 






13,747 


52,925,443 


8 26 


Gardner . 






6,649 


23,258,588 


3 69 


Grafton . 






2,098 


4,779,999 


83 


Hardwick 






801 


1,682,937 


30 


Harvard . 






387 


2,506,320 


36 


Holden .... 


1,319 


3,660,855 


61 



108 



Acts, 1941. — Chap. 141. 



WORCESTER COUNTY — Concluded. 







Tax of $1,000, 








including 


Cities and Towns. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Hopedale 


1,089 


$7,114,733 


$1 03 


Hubbardston 






376 


700,198 


13 


Lancaster 






932 


3,006,708 


48 


Leicester . 






1,556 


3,424,492 


60 


Leominster 






7,360 


25,972,870 


4 11 


Lunenburg 






801 


2,508,080 


41 


Mendon . 






464 


1,531,273 


25 


Milford . 






5,374 


15,865,519 


2 60 


Millbury . 






2,478 


6,531,871 


1 10 


Millville . 






560 


912,307 


17 


New Braintree 






168 


700,211 


11 


North Brookfiel 


d 




1,108 


2,797,829 


47 


Northborough 






826 


2,331,600 


39 


Northbridge 






3,295 


9,927,413 


1 62 


Oakham . 






158 


450,140 


07 


Oxford 






1,449 


3,383,209 


59 


Paxton 






308 


1,100,000 


17 


Petersham 






280 


1,700,237 


25 


Phillipston 






140 


500,156 


08 


Princeton 






279 


1,500,000 


22 


Royalston 






336 


800,417 


14 


Rutland . 






575 


1,500,479 


25 


Shrewsbury 






2,628 


10,059,350 


1 57 


Southborough 






751 


3,688,320 


55 


Southbridge 






5,697 


15,089,204 


2 53 


Spencer . 






2,330 


4,999,999 


88 


SterUng . 






" 587 


2,017,554 


32 


Sturbridge 






763 


2,077,403 


35 


Sutton 






838 


2,114,722 


36 


Templeton 






1,452 


3,354,690 


58 


Upton 






754 


1,598,512 


28 


Uxbridge . 






2,172 


8,163,560 


1 28 


Warren . 






1,241 


2,702,045 


48 


Webster . 






4,710 


11,099,458 


1 91 


West Boylston 






745 


2,800,686 


44 


West Brookfield 






476 


1,526,042 


25 


Westborough , 






1,478 


4,569,999 


74 


Westminster 






582 


2,000,431 


32 


Winchendon 






2,295 


5,662,149 


97 


Worcester 






62,205 


298,696,524 


45 07 


Totals 






165,461 


$618,412,252 


$96 95 



Acts, 1941. — Chaps. 142, 143. 



109 



RECAPITULATION. 









Tax of $1,000. 








including 


Counties. 


Polls. 


Property. 


Polls at one 
tenth of a 
mill each. 


Barnstable 


13,095 


$108,798,798 


$15 47 


Berkshire 








41,701 


156,255,881 


24 50 


Bristol 








118,193 


387,874,586 


62 28 . 


Dukes 








1,829 


19,136,182 


2 68 


Essex 








162,493 


672,942,203 


103 75 


Franklin . 








16,835 


77,552,319 


11 76 


Hampden 








108,095 


515,210,315 


77 84 


Hampshire 








22,783 


81,853,514 


12 91 


Middlesex 








303,738 


1,424,388,597 


215 64 


Nantucket 








1,135 


13,074,868 


1 81 


Norfolk . 








104,453 


657,132,489 


95 92 


Plymouth 








57,422 


258,995,246 


39 43 


Suffolk . 








281,102 


1,621,809,456 


239 06 


Worcester 








165,461 


618,412,252 


96 95 


Totals 








1,398,335 


$6,613,436,706 


$1,000 00 



Approved March 27 y 1941. 



An Act authorizing the county op essex to pay a sum Chap. 142 

OF MONEY TO LENLEY D. HALLINAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the county of Essex, after an appropriation has 
been made therefor, may pay to Lenley D. HalUnan the 
sum of two thousand dollars on account of the death of 
his son, Norman L. Hallinan, who was killed while an in- 
mate of the Essex County Training School. 

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 27, 19^1. 



An Act further regulating the salary of the director Chap. 143 

OF LIQUIDATIONS AND EXTENDING THE EXISTENCE OF THE 
DIVISION OF LIQUIDATIONS. 

Whereas, The provisions of law sought to be extended by Emergency 
this act would, but for this act, shortly cease to be effective, preamble. 
but the circumstances and conditions which made advisable 
their enactment still continue and it is accordingly desirable 
that said provisions continue in effect without interruption; 
therefore this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 



110 Acts, 1941. — Chap. 144. 

Be it enacted, etc.y as follows: 

Section 1. Section one of chapter five hundred and 
fifteen of the acts of nineteen hundred and thirty-nine is 
hereby amended by striking out, in the seventh hne, the 
words "a salary of five thousand dollars" and inserting in 
place thereof the words : — such compensation as may be 
determined and fixed by the supreme judicial court, or 
any justice thereof, — so as to read as follows: — Section 1, 
There shall be in the department of banking and insurance, 
but in no manner subject to its control, a division of hquida- 
tions, which shall be in charge of a director, who shall be 
known as the director of Hquidations, The director of liquida- 
tions shall be appointed by the governor, with the advice 
and consent of the council. The director of hquidations 
shall receive such compensation as may be determined and 
fixed by the supreme judicial court, or any justice thereof, 
to be paid from the funds of the institutions administered 
by him and to be allocated among such institutions and in 
such manner as the supreme judicial court, or any justice 
thereof, may order. 

Section 2. Section four of said chapter five hundred 
and fifteen is hereby amended by striking out, in the third 
line, the word "forty-one" and inserting in place thereof the 
word : — forty-three, — so as to read as follows : — Section 
4. This act shall take effect on September first, nineteen 
hundred and thirty-nine, and shall become inoperative on 
April first, nineteen hundred and forty-three. 

Approved March 27, 1941. 



Chap. 14:4: ^N Act making appropeiations from the highway fund, 

FOR THE construction AND MAINTENANCE OF HIGHWAYS, 
OTHER THAN STATE HIGHWAYS. 

Be it enacted, etc., as follows: 

Section 1. The sums herein set forth, for the purposes 
herein specified, are hereby appropriated from the Highway 
Fund, subject to the provisions of law regulating the dis- 
bursement of public funds and the approval thereof, for 
the current fiscal year, in advance of final action on the 
general appropriation bill, pursuant to a message of the 
governor dated March first of the current year: 

Service of the Department of Public Works. 

2923-20 For the construction and repair of town and 
county ways, to be in addition to any 
amount heretofore appropriated for the 
same purpose $3,000,000 00 

2923-30 For aiding towns in the repair and improve- 
ment of pubhc waj'S, to be in addition to 
any amount heretofore appropriated for the 
same purpose ...... 1,488,000 00 



Acts, 1941. — Chap. 145. Ill 

Section 2. No person shall be reimbursed by the com- 
monwealth out of funds appropriated by this act 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. No passenger automobile the price whereof, 
delivered, exceeds one thousand dollars shall be paid for 
out of funds so appropriated, except upon the written order 
of the commission on administration and finance. Nothing 
herein contained shall be construed as preventing the de- 
partment of public works from approving allowances for 
meals, not exceeding one dollar and seventy-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 3. The allowance, out of funds so appropriated, . 
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 4. This act shall take effect upon its passage. 

Approved March 27, 1941. 



An Act extending the period of time within which (JJidj) 145 

FUNDS MAY BE BORROWED FOR THE PAYMENT OF DIVIDENDS 
IN CERTAIN CLOSED BANKS AND CONCERNING THE TAKING 
OF APPEALS INVOLVING REAL ESTATE IN WHICH SUCH BANKS 
HAVE AN INTEREST. 

Whereas, The provisions of law sought to be extended by Emergency 
this act would, but for this act, shortly cease to be effective, p'"^'^'"''^^- 
but the circumstances and conditions which made advisable 
their enactment still continue and it is accordingly desirable 
that said provisions continue in effect without interruption; 
therefore this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
twenty-two of the acts of nineteen hundred and thirty-two, 
as most recently amended by chapter two hundred and 
ninety-two of the acts of nineteen hundred and thirty-nine, 
is hereby further amended by striking out, in the fifth line, 
the word "nine" and inserting in place thereof the word: — 
eleven, — so as to read as follows : — Section 2. For the 
purpose of paying dividends in the liquidation of any such 



112 Acts, 1941. — Chap. 146. 

bank as provided in section one, the commissioner is hereby 
authorized in his discretion to borrow from time to time, 
within a period of eleven years from the passage of this act, 
from such sources as he deems advisable, such sum or sums, 
for such periods, at such rates of interest and upon such 
terms and subject to such provisions as he shall determine 
and as the supreme judicial court for the county of Suffolk or 
for the county in which such bank has its principal place of 
business shall authorize ; and as security therefor may pledge 
and assign any or all the assets of such bank. 

Section 2. Any provision of law to the contrary not- 
withstanding, in the case of an application for abatement of 
a tax on real estate in which application a bank organized 
under the laws of the commonwealth, whose assets are in 
process of liquidation, or any subsidiary thereof, has an 
interest, if such application was seasonably filed with the 
board of assessors in any one of the years nineteen hundred 
and thirty-five to nineteen hundred and forty, inclusive, and 
if such application was not denied or refused by a notice in 
writing by the assessors within four months subsequent to 
such filing, and if no appeal to the appellate tax board was 
taken prior to the effective date of this act, such an appeal 
may be taken within four months subsequent to said effec- 
tive date, and in the case of an appeal to said appellate tax 
board from a refusal or failure of a board of assessors to 
abate a tax upon real estate in which appeal such a bank or 
subsidiary thereof has an interest, taken by a petition filed 
prior to said effective date, no defense, by motion, answer, 
plea or otherwise, other than that the real estate has not 
been over-valued, shall be available to the appellee. 

Approved March 27, 1941. 



Chap. 14:Q An Act authorizing the trustees of the Massachusetts 

TRAINING SCHOOLS TO CONVEY TO THE UNITED STATES OF 
AMERICA CERTAIN LAND OF THE COMMONWEALTH IN THE 
TOWN OF LANCASTER, 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Massachusetts training 
schools are hereby empowered to convey, on behalf of the 
commonwealth, to the United States of America, by an 
instrument in form approved by the attorney general and 
upon payment of such consideration as may be approved by 
the governor and council, a certain parcel of land of the 
commonwealth, located in the town of Lancaster and being 
a portion of the property of the industrial school for boys. 
Said parcel of land is bounded and described as follows : — 
Beginning at the northwesterly corner of the parcel at a 
point in the easterly hmits of the Shirley-Still River road, 
so called, and intersecting with the center line of an Old 
Road, so called; thence southerly by the easterly limits of 
said Shirley-Still River road thirty-one hundred and sixty 



Acts, 1941. — Chap. 147. 113 

feet to a point at land of the United States of America; 
thence by said land of the United States of America the 
following seven courses and distances : — south seventy-one 
degrees seven minutes east, twelve hundred and forty-seven 
and sixty-seven hundredths feet; thence north fifty-five 
degrees fifty minutes east, three hundred and seventy-two 
and fifty-four hundredths feet; thence north thirty degrees 
twenty-four minutes thirty seconds west, fourteen hundred 
and ninety-one and two hundredths feet; thence north four 
degrees thirty-two minutes thirty seconds west, one hundred 
and eighty-six and eighty-one hundredths feet; thence north 
sixty-eight degrees sixteen minutes thirty seconds west, four 
hundred and fifty-one and eighty-two hundredths feet; 
thence north sixty-three degrees one minute thirty seconds 
west, five hundred and seventy-seven and fifty-six hun- 
dredths feet; thence north twenty-seven minutes thirty 
seconds east, five hundred and fifty-three and ninety-four 
hundredths feet to a point, said point being the common 
corner between land of the United States of America, other 
lands of the commonwealth, being a portion of the property 
of the industrial school for boys, and the parcel of land 
herein described ; thence by said other lands of the common- 
wealth north seventy-seven degrees thirty-six minutes west, 
fifteen hundred and fifty-seven feet to the point of beginning. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1941. 

An Act making appropriations from the highway fund, Chav. 147 

FOR the construction AND RECONSTRUCTION OF STATE 
HIGHWAYS. 

Be it enacted, etc., as follows: 

Section 1. The sums herein set forth, for the purposes 
herein specified, are hereby appropriated from the Highway 
Fund, subject to the provisions of law regulating the dis- 
bursement of public funds and the approval thereof, for the 
current fiscal year, in advance of final action on the general 
appropriation bill, pursuant to a message of the governor, 
dated March first of the current year; 

Service of the Department of Public Works. 

2923-60 For the purpose of enabling the department of 
public works to secure federal aid for the con- 
struction and reconstruction of highways, 
including bridges, to be in addition to any 
amount heretofore appropriated for the same 
purpose $1,887,397 71 

Section 2. No person shall be reimbursed by the com- 
monwealth out of funds appropriated by this act for any 
expense incurred for a mid-day meal while travehng within 
the commonwealth at the expense thereof, nor shall any 
person be so reimbursed for the amount of any expense 



114 Acts, 1941. — Chap. 148. 

incurred for a breakfast while so traveling which is in excess 
of seventy-five cents or for the amount of any expense in- 
curred 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 compensa- 
tion a non-cash allowance in the form of full or complete 
boarding and housing. No passenger automobile the price 
whereof, delivered, exceeds one thousand dollars shall be 
paid for out of funds so appropriated, except upon the 
written order of the commission on administration and fi- 
nance. Nothing herein contained shall be construed as 
preventing the department of pubHc works from approving 
allowances for meals, not exceeding one dollar and seventy- 
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 3. The allowance, out of funds so appropriated, 
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 4. This act shall take effect upon its passage. 

Approved March 28, 1941. 



Chap. 14:8 An Act providing for modification of the terms and 

CONDITIONS UNDER WHICH THE BOSTON ELEVATED RAIL- 
WAY COMPANY HAS BEEN GRANTED THE USE OF CERTAIN 
SUBWAY PREMISES AND EQUIPMENT, AND MAKING CER- 
TAIN CHANGES RELATIVE TO PAYMENTS IN CONNECTION 
WITH SUCH USE. 

Be it enacted, etc., as follows: 

Section 1. Part II of chapter three hundred and sixty- 
six of the acts of nineteen hundred and thirty-three is hereby 
amended by striking out section seven, as affected by chap- 
ter one hundred and fifty-nine of the acts of nineteen hun- 
dred and thirty-seven and by chapter three hundred and 
ninety-five of the acts of nineteen hundred and thirty-eight, 
and as amended by section one of chapter three hundred 
and ninety-eight of the acts of nineteen hundred and thirty- 
eight, and inserting in place thereof the following section : — 
Section 7. No construction work shall be done under Part 
II of this act, however, unless and until a plan therefor shall 
be approved by the commission of the department of public 
utilities and the mayor of the city and unless and until a 
contract between the city and the company shall have been 
executed for the sole and exclusive use by the company of 
the premises and equipment for a term beginning with the 
use thereof and ending upon the termination of the lease 
or contract for use as at present extended of the Boylston 
street subway. Any plan so approved may be altered at 
any time by a new plan approved in like manner except 



Acts, 1941. — Chap. 148. 115 

that after the execution of said contract for use no such 
alteration shall be made without the consent thereto of the 
company in writing nor at any time except with the approval 
of said emergency finance board, the governor and such 
approvals as may be required under the provisions of the 
National Industrial Recovery Act or regulations made 
thereunder. The contract shall be in the same general form 
as that authorized by said chapter four hundred and eighty, 
except in so far as any other provision may be agreed upon 
by the department and the company as specially applicable 
to the demised premises. The net cost of the premises and 
equipment shall be determined in the manner provided in 
said chapter four hundred and eighty, except that there 
shall be deducted from the amount so determined all amounts 
received by the city as direct grants, or by remission of 
bonds or other obligations, or in any manner or form what- 
soever amounting in substance directly or indirectly to a 
contribution to the cost of the premises and equipment 
under the National Industrial Recovery Act. The rental 
shall be payable annually on the twenty-fifth day of April 
in each year to and including the year nineteen hundred 
and forty-one and on the twenty-fifth day of January in 
each year thereafter. Such contract for use shall provide 
that the company shall pay to the city for each full year 
ending with the last day of March to and including the year 
nineteen hundred and forty-one, and ratably for the nine 
months' period commencing on April first, nineteen hun- 
dred and forty-one and ending with the last day of Decem- 
ber, nineteen hundred and forty-one, and for each full year 
thereafter, and ratably for any portion of a year, an annual 
rental which shall be sufficient to provide an amount equal 
to one half of one per cent of the net cost of the premises 
and equipment in addition to the annual amount of interest 
on bonds issued to pay for said net cost, but not less than 
four and one half per cent of said net cost in any event; 
provided, that said annual rental shall be payable by the 
company in any year only if and to the extent that the 
reserve fund provided for by section five of chapter one 
hundred and fifty-nine of the Special Acts of nineteen hun- 
dred and eighteen exceeds on the last day of March, nine- 
teen hundred and forty-one, or on the last day of December, 
nineteen hundred and forty-one, or on the last day of any 
December thereafter, the amount originally established; 
and provided, further, that such excess shall be determined 
and the obligation to pay the rental shall accrue only after 
deducting from said reserve fund the full amount of the 
rental payable under any contracts executed under the au- 
thority of chapter three hundred and forty-one of the acts 
of nineteen hundred and twenty-five, as amended, and after 
fully reimbursing the commonwealth as provided in sections 
eleven and thirteen of said chapter one hundred and fifty- 
nine. If by virtue of the foregoing provisos the company 
is not required to make the full rental payment as above 



116 Acts, 1941. — Chaps. 149, 150. 

provided for the premises and equipment authorized by 
this act, the city shall place any amounts so unpaid in its 
next ensuing tax levy. 

Section 2. The acceptance of this act by the Boston 
Elevated Railway Company and the city of Boston, as 
hereinafter provided, shall constitute an agreement on the 
part of the city and the company to execute a contract 
modifying in accordance with the provisions of this act the 
existing contract between the city and the company for the 
use by the company of the premises and equipment author- 
ized to be acquired, constructed and provided pursuant to 
the provisions of Part II of said chapter three hundred and 
sixty-six, as amended. 

Section 3. This act shall take effect upon its acceptance 
both by vote of the city council of the city of Boston, ap- 
proved by the mayor, and by the Boston Elevated Railway 
Company by vote of its board of directors, and upon the 
filing of certificates of such acceptances with the state sec- 
retary; provided, that such acceptances, approval and filing 
occur during the current year. 

Approved March 31, 19Jf.l. 



Chav. 149 An Act authorizing the Worcester art museum to 

HOLD ADDITIONAL REAL AND PERSONAL PROPERTY. 

Be it enacted, etc., as follows: 

The Worcester Art Museum, a corporation incorporated 
under general law, is hereby authorized to hold real and 
personal property to an amount not exceeding eight milhon 
dollars, in addition to the land occupied by it, the buildings 
erected or which may be erected thereon, and the works of 
art contained in said buildings, all of which property, and 
the income derived from it, shall be devoted to the purposes 
set forth in its charter or agreement of association. 

Approved March 31, 1941. 

ChaV' 150 -An Act relative to the fifty associates, a Massachu- 
setts CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. Fifty Associates, incorporated under the 
name of The Proprietors of Museum Hall by an act ap- 
proved February twenty-first, eighteen hundred and twenty, 
entitled "An Act to incorporate The Proprietors of Museum 
Hall, in the Town of Boston", whose name was changed to 
its present one by an act approved June twelfth, eighteen 
hundred and twenty-three, entitled "An Act in addition to 
an Act, entitled 'i^ Act to incorporate the Proprietors of 
Museum Hall, in the Town of Boston'", shall have a board 
of not less than three directors to be elected annually by 
ballot by the stockholders, and such officers as it may by 
its by-laws authorize. The board of directors may exercise 



Acts, 1941. — Chap. 151. 117 

all the powers of the corporation except such as are by law, 
other than the acts hereinabove mentioned, or by its by- 
laws conferred upon the stockholders. Without limiting the 
foregoing, the board of directors shall have power to pur- 
chase or otherwise acquire real estate or interests in real 
estate for the corporation and to sell, lease, manage, improve, 
build, rebuild, demolish, alter, exchange, dispose of and 
otherwise deal in or with property of the corporation and to 
mortgage or pledge the same to secure payment of its debts. 
There shall be an annual meeting of the stockholders of the 
corporation. The corporation may by vote of a majority of 
the shares outstanding and entitled to vote adopt by-laws 
and regulations consistent with law for its own government, 
the due and orderly conduct of its affairs and the manage- 
ment of its property, including determination of any or all 
matters which corporations subject to chapter on€ hundred 
and fifty-five and chapter one hundred and fifty-six of 
the General Laws may determine by their by-laws. At 
all meetings of the stockholders of the corporation for the 
transaction of business, stockholders shall have one vote 
for each share of stock owned by them, and the limitation 
provided in section six of said act approved February 
twenty-first, eighteen hundred and twenty, shall no longer 
apply, and all votes of the stockholders shall be determined 
by the number of shares and not by the number of stock- 
holders notwithstanding any provision of either of said acts 
hereinabove mentioned. 

Section 2. This act shall take effect upon its acceptance 
by the stockholders of said corporation in the manner pro- 
vided by section three of chapter one hundred and fifty-six 
of the General Laws, and the filing in the office of the state 
secretary, on or before December thirty-first in the current 
year, of a copy of the vote of acceptance approved by the 
commissioner of corporations and taxation as provided in 
said section. Approved March 31, 1941. 

An Act making an appropriation for expenditure by QJiaj) 151 

THE department OF EDUCATION FOR CERTAIN REPAIR 
WORK AT THE STATE TEACHERS COLLEGE AT HYANNIS. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifteen thousand dollars, for 
expenditure by the department of education for repair work 
at the state teachers college at Hyannis made necessary by 
the recent fire at said college, is hereby appropriated from 
the general fund or revenue of the commonwealth, subject 
to the provisions of law regulating the disbursement of pub- 
lic funds and the approval thereof, in advance of final action 
on the general appropriation bill, pursuant to a recommenda- 
tion of the governor to that effect in a message dated Feb- 
ruary tenth of the current year. 

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

Approved April 1, 1941. 



118 Acts, 1941. — Chaps. 152, 153, 154. 



C/iap. 152 An Act further regulating the authority of the 

TOWN OF PLYMOUTH TO BECOME PARTY TO A LEASE OF 
CERTAIN PROPERTY BY THE COUNTY COMMISSIONERS OF 
THE COUNTY OF PLYMOUTH TO SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter thirty-one of the acts 
of the current year is hereby amended by striking out the 
last sentence and inserting in place thereof the following : — 
Such lease shall be for a term not exceeding fifty years and 
shall be subject to such conditions as may be mutually 
agreed upon by the said parties, and the said town may, if 
authorized by vote at any annual town meeting, or at any 
special town meeting called for the purpose, become party 
to such lease. 

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

Approved April 2, 1941. 



ChapA5S An Act authorizing the town of danvers to use dan- 

VERS PARK, SO CALLED, AS A PUBLIC PLAYGROUND, AND 
TO SET APART A PORTION THEREOF AS AN ATHLETIC FIELD 
TO WHICH ADMISSION MAY BE CHARGED AND REGULATE 
ITS USE. 

Be it enacted, etc., as follows: 

The town of Danvers is hereby authorized to use for the 
purposes of a pubhc playground under section fourteen of 
chapter forty-five of the General Laws a parcel of land owned 
by it and used as a public park, known as Danvers Park, 
which adjoins the property used by said town for the pur- 
poses of its junior high school and senior high school, and 
by vote to set apart as an athletic field such portion of said 
park as it may designate, and to use such athletic field, and, 
under such terms as it may impose, to allow such field to 
be used by others, for athletic games and other entertain- 
ments of a pubhc nature, to which an admission fee may be 
charged. Approved April S, 1941. 



Chap. 154: An Act authorizing the commissioner of labor and 

INDUSTRIES TO SUSPEND UNTIL APRIL FIRST, NINETEEN 
HUNDRED AND FORTY-THREE, THE SIX o'CLOCK LAW, SO 
CALLED, RELATING TO THE HOURS OF EMPLOYMENT OF 
WOMEN IN THE TEXTILE INDUSTRY. 

Emergency Whereas, The provisions of law sought to be extended 

preamble. j^^ ^j^-^ ^^^ would, but for this act, shortly cease to be effec- 
tive, but the circumstances and conditions which made 
advisable their enactment still continue and it is accord- 
ingly desirable that said provisions continue in effect with- 
out interruption; therefore this act is hereby declared to 



Acts, 1941.— Chap. 155. 119 

be an emergency law, necessary for the immediate preser- 
vation of the pubhc 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 ninety-six of the acts of nineteen 
hundred and thirty-nine, is hereby further amended by 
striking out, in the fifth line, the word "forty-one" and in- 
serting in place thereof the word : — forty-three, — 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-three, subject to such restrictions and con- 
ditions as the said commissioner may prescribe, so much of 
section fifty-nine of chapter one hundred and forty-nine of 
the General Laws, as amended, as prohibits the employment 
of women in the manufacture of textile goods after six 
o'clock in the evening; and, during the time of such sus- 
pension, those parts of said section fifty-nine which are so 
suspended shall be inoperative and of no effect. 

Approved April 3, 1941. 

An Act relative to the weighing of material for road Chaj).155 

CONSTRUCTION. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and forty-four of chap- o. l. (Ter. 
ter ninety-four of the General Laws, as appearing in the ameAd^.* ^*^' 
Tercentenary Edition, is hereby amended by inserting after 
the word "goods" in the third, seventh, ninth and tenth 
lines, in each instance, the words: — or material, — by in- 
serting after the word "weight" in the second line the words: 
•— , or whoever sells material for road construction by weight, 
— and by inserting after the word "permit" in the twelfth 
line the words : — the director of standards and necessaries 
of life, or any inspector of standards in any town, or, — so 
as to read as follows: — Section 244- Whoever, except as certificate of 
provided in section two hundred and forty-one, sells coke, weight, etc. 
charcoal or coal by weight, or whoever sells material for 
road construction by weight, shall without cost to the pur- 
chaser cause the goods or material to be weighed by a sworn 
weigher of the town where they are weighed, and shall cause 
to be signed by the weigher a certificate stating the name 
and place of business of the seller, and either the identifying 
number, of which a permanent record shall be kept, or the 
name of the person taking charge of the goods or material 
after the weighing as given to the weigher on his request, 
the tare weight, and the quantity of the goods or material. 
Such certificate shall be given to said person and shall be 
given by him only to the owner of the goods or material 
or his agent when he unloads the same; and each such per- 



120 



Acts, 1941. — Chap. 155. 



G. L. (Ter. 
Ed.). 94, 
§ 245, etc., 
amended. 



Sealer may 
direct goods 
to be weighed. 



G. L. (Ter. 
Ed.), 94, 
§ 249G, etc., 
repealed. 



G. L. (Ter. 
Ed.), 94, § 246, 
amended. 



Record to 
be kept. 



son, on request and without charge therefor, shall permit the 
director of standards and necessaries of life, or any inspector 
of standards in any town, or any sealer of weights and meas- 
ures of any town to examine the certificate and to make a 
copy thereof. 

Section 2. Said chapter ninety-four is hereby further 
amended by striking out section two hundred and forty-five, 
as most recently amended by section thirteen A of chapter 
two hundred and sixty-one of the acts of nineteen hundred 
and thirty-nine, and inserting in place thereof the following: 
— Section 2^5. The director of standards and necessaries 
of life or any inspector of standards in any town, or a sealer 
of weights and measures within his town, wherein any quan- 
tity of coke, charcoal or coal or material for road construc- 
tion in the course of delivery is found may direct the person 
in charge of the goods or material to convey the same with- 
out delay or charge to scales designated by such director, 
inspector or sealer, who shall there determine the quantity 
of the goods or material, and, except in the case of coke, 
charcoal or coal in baskets or bags as required by section 
two hundred and forty-one, shall determine their weight 
together with the tare weight, and shall direct said person 
to return to such scales immediately after unloading the 
goods or material; and upon such return, the director, in- 
spector or sealer shall determine the tare weight. The scales 
designated by the director, inspector or sealer as aforesaid 
may be the public scales of the town or any other scales 
therein which have been duly tested and sealed and shall be 
such scales as in his judgment are most convenient. 

Section 3. Section two hundred and forty-nine G of 
said chapter ninety-four, as most recently amended by sec- 
tion seventeen A of said chapter two hundred and sixty- 
one, is hereby repealed. 

Section 4. Said chapter ninety-four is hereby further 
amended by striking out section two hundred and forty-six, 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the following : — Section 21^6. Each sealer of 
weights and measures of a town and each sworn weigher 
shall keep in a book used by him solely for that purpose a 
record of all baskets sealed by him as aforesaid, and of all 
weighings and determinations of quantities of coke, charcoal 
or coal or material used for road construction made by him 
as aforesaid. Such record shall be made at the time of 
measuring or weighing, and shall state the day and hour of 
the measuring or weighing, the name and place of business 
of the vendor, the name of the owner of the baskets or of 
the purchaser of the goods or material as given to him on 
his request by the person taking charge of the baskets or of 
the goods or material after weighing or measuring, the ca- 
pacity of the baskets measured or quantity of the goods or 
material determined, and the name of said person; and, in 
the case of a reweighing as provided in section two hundred 
and forty-five, shall state the weight as given in the certifi- 



Acts, 1941. — Chap. 156. 121 

cate and as determined by him. No charge shall be made 
by any such sealer for anything done under this section and 
sections two hundred and forty-four and two hundred and 
forty-five. Approved April 3, WJ^l. 

An Act authorizing the pine grove cemetery asso- Chav-^^^ 

CIATION TO ACQUIRE AND ADMINISTER THE PROPERTY 
OF THE CURTISS ADDITIONAL CEMETERY ASSOCIATION 
IN THE TOWN OF SHEFFIELD, AND FURTHER AUTHORIZING 
SAID FIRST-NAMED ASSOCIATION TO ACQUIRE AND HOLD 
ADDITIONAL PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. Pine Grove Cemetery Association, a cor- 
poration incorporated by chapter twenty-five of the acts of 
eighteen hundred and eighty-two, is hereby authorized to 
acquire, and thereafter to hold and maintain, but for ceme- 
tery purposes only, and subject to all rights heretofore 
existing in any burial lots, the real and personal property, 
not subject to any trust, of the Curtiss Additional Cemetery 
Association, an unincorporated association, and, as herein- 
after provided, the funds and other property held in trust 
by said unincorporated association. 

Section 2, In so far as authorized by the decree of a 
court of competent jurisdiction and in compliance with the 
terms and conditions of such decree, said Pine Grove Ceme- 
tery Association may receive from said Curtiss Additional 
Cemetery Association a conveyance and transfer of, and 
administer, all funds or other property held by said Curtiss 
Additional Cemetery Association in trust for the perpetual 
care of the lots in its cemetery and for other purposes, and 
also any property devised or bequeathed to said Curtiss Ad- 
ditional Cemetery Association 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. 

Section 3. Said chapter twenty-five is hereby further 
amended by striking out section two and inserting in place 
thereof the following section : — Section 2. Said corporation 
may acquire, by purchase, lease or otherwise, and dispose 
of, real and personal property for the purpose aforesaid; 
provided, that it shall not hold real and personal property 
to an amount exceeding ten thousand dollars. 

Section 4. This act shall not take full effect until it 
shall have been accepted, on the part of said cemetery cor- 
poration, by vote of the board of directors, and on the part 
of said unincorporated cemetery association, by vote of the 
members, and a certified copy of each of said votes shall 
have been filed with the clerk of said town and with the 
state secretary. Approved April 3, 1941. 



122 Acts, 1941. — Chaps. 157, 158. 



Chap. 157 An Act penalizing the taking of fish from big homers 

POND IN THE TOWN OF WEST TISBURY OTHERWISE THAN 
BY MEANS OF FLY FISHING. 

Be it enacted, etc., as follows: 

Section 1. Whoever takes fish from the waters of Big 
Homers pond in the town of West Tisbury on the island of 
Martha's Vineyard otherwise than by means of fly fishing 
shall be punished by a fine of not less than ten nor more 
than fifty dollars. 

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

Approved April 4, 1941. 



Chap. 158 An Act relative to the financing of installment pay- 
ments under contracts for goods, services or in- 
surance IN CERTAIN CASES. 

Be it enacted, etc., a^ follows: 

G. l. (Ter. SECTION 1. Sectiou nincty-six of chapter one hundred 

§ 96.' etc' and forty of the General Laws, as amended by section two 
amended. Qf chapter oue hundred and seventy-nine of the acts of 
nineteen hundred and thirty-four, is hereby further amended 
by inserting after the word "sections" the first time it 
occurs in the seventeenth line, as appearing in the Tercente- 
nary Edition, the following : — , but the foregoing provisions 
of this sentence shall not apply in the case of any transac- 
tion which involves any note or other instrument evidencing 
the indebtedness of a buyer to the seller of goods, services 
or insurance for a part or all of the purchase price, — so as 
Business of to read as follows : — Section 96. No person shall directly 
KaM^'/eguiatU. 01" indirectly engage in the business of making loans of three 
hundred dollars or less, if the amount to be paid on any 
such loan for interest and expenses exceeds in the aggregate 
an amount equivalent to twelve per cent per annum upon 
the sum loaned, without first obtaining from the commis- 
sioner of banks, in sections ninety-six to one hundred and 
fourteen, inclusive, called the commissioner, a license to 
carry on the said business in the town where the business 
is to be transacted. When an application for a loan or for 
an endorsement or guarantee or for the purchase of a note 
is made by any person within this commonwealth, and the 
money is advanced or the endorsement or guarantee is made 
or furnished by any person without this commonwealth, the 
transaction shall be deemed a loan made within this com- 
monwealth, and such a loan and the parties making it shall 
be subject to sections ninety-six to one hundred and thir- 
teen, inclusive. The buying or endorsing of notes or the 
furnishing of guarantee or security for compensation shall 
be considered to be engaging in the business of making small 
loans within said sections, but the foregoing provisions of 
this sentence shall not apply in the case of^any transaction 



Acts, 1941.— Chap. 158. . 123 

which involves any note or other instrument evidencing the 
indebtedness of a buyer to the seller of goods, services or 
insurance for a part or all of the purchase price. In prosecu- 
tions under said sections, the amount to be paid upon any 
loan of three hundred dollars or less for interest or expenses 
shall include all sums paid or to be paid by or on behalf of 
the borrower for interest, brokerage, recording fees, com- 
missions, services, extension of loan, forbearance to enforce 
payment, and all other sums charged against or paid or to 
be paid by the borrower for making or securing directly or 
indirectly the loan, and shall include all such sums when 
paid by or on behalf of or charged against the borrower for 
or on account of making or securing the loan, directly or in- 
directly, to or by any person, other than the lender, if such 
payment or charge was known to the lender at the time of 
making the loan, or might have been ascertained by reason- 
able inquiry. Any person directly or indirectly engaging 
in the business of negotiating, arranging, aiding or assisting 
the borrower or lender in procuring or making loans of three 
hundred dollars or less, for which the amount paid or to 
be paid for interest and expenses, including all amounts 
paid or to be paid to any other party therefor, exceeds in 
the aggregate an amount equivalent to twelve per cent per 
annum, whether such loans are actually made by such per- 
son or by another party, shall be deemed to be engaged in 
the business of making small loans, and shall be subject to 
sections ninety-six to one hundred and twelve, inclusive. 
If, after all deductions or payments, whether on account of 
interest, expenses or principal made substantially contem- 
poraneously with the making of the loan, the amount re- 
tained by the borrower be three hundred dollars or less, the 
transaction shall be deemed to be a loan in the amount of 
the sum so retained by the borrower after such deductions 
or payments, notwithstanding that the loan be nominally 
for a greater sum. 

Section 2. This act shall apply in the case of any trans- Act to apply 
action entered into prior to, on, or subsequent to its effective e^sUngTrans- 
date which involved or involves any note or other instru- actions. 
ment evidencing the indebtedness of a buyer to the seller 
of goods, services or insurance for a part or all of the pur- 
chase price. 

Section 3. If any provision of this act, or the applica- validity 
tion thereof to any person, firm, corporation or association ° 
or to any circumstances, is held invalid by any court of 
final jurisdiction, the remainder of this act, and the appli- 
cation of such provision to other persons, firms, corporations 
or associations, or to other circumstances, shall not be af- 
fected thereby. Approved April 4, lOJ^l. 



124 Acts, 1941. — Chaps. 159, 160. 



Chav.lb9 An Act imposing a penalty for carrying firearms, 

WHILE INTOXICATED, IN PLACES WHERE HUNTING IS PER- 
MITTED. 

Be it enacted, etc., as follows: 

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

new^sic^tion General Laws is hereby amended by inserting after section 
13A, added. thirteen, as amended, the following new section : — Section 
Penalty. ISA. Whoever, while intoxicated, hunts or carries a rifle 

or shotgun in any place where hunting is permitted shall be 
punished by a fine of not more than five dollars. 
Application SECTION 2. Scction thirteen A of said chapter one hun- 

dred and thirty-one and section six of chapter one hundred 
and twenty-nine A of the General Laws shall apply to all 
violations of said section thirteen A occurring on or after 
September first in the current year. 

Approved April 4, 1941. 



of act. 



Chap. 160 An Act providing for the holding of biennial municipal 

ELECTIONS IN THE CITY OF FALL RIVER IN ODD-NUMBERED 
YEARS INSTEAD OF EVEN-NUMBERED YEARS, AND ESTAB- 
LISHING THE DATE OF SAID ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and forty-five, biennial municipal elections in the city of 
Fall River shall be held on the Tuesday next following the 
first Monday in November in each odd-numbered year. 
There shall be no biennial municipal election in said city 
in the year nineteen hundred and forty-four. 

Section 2. At the biennial municipal election to be held 
in said city in the year nineteen hundred and forty-two, 
the mayor and members of the city council 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-two, 
the members of the school committee to be elected thereat 
shall be elected to hold office until the qualification of their 
successors who shall be elected at the biennial municipal 
election in the year nineteen hundred and forty-seven. The 
terms of office of the - members of the school committee 
elected in the year nineteen hundred and forty shall con- 
tinue until the qualification of their successors who shall be 
elected at the biennial municipal election in the year nine- 
teen hundred and forty-five. At each biennial municipal 
election, beginning with the year nineteen hundred and 
forty-five, all members of the school committee to be elected 
thereat shall be elected for terms of four years each. 

Section 4. This act shall be submitted to the registered 
voters of the city of Fall River at the biennial state election 



Acts, 1941. — Chaps. 161, 162. 125 

in the year nineteen hundred and forty-two in the form of 
the following question which shall be placed upon the official 
ballot to be used in said city at said election: "Shall an act 
passed by the general court in the year nineteen hundred 
and forty-one, entitled 'An Act providing for the holding 
of biennial municipal elections in the city of Fall River in 
odd-numbered years instead of even-numbered years, and 
establishing the date of said elections', 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 4-, 1941. 

An Act authorizing the town of Plymouth to borrow QJidj) X61 

MONEY FOR THE PURPOSE OF REMODELING THE OLD HIGH 
SCHOOL BUILDING AND INSTALLING A NEW HEATING PLANT 
AND VENTILATING SYSTEM THEREIN, ERECTING A BUILD- 
ING ADJACENT TO SAID HIGH SCHOOL BUILDING AND PUR- 
CHASING EQUIPMENT FOR A VOCATIONAL SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of remodeling the old high 
school building and installing a new heating plant and ven- 
tilating system therein, and of erecting a building adjacent 
to said high school building, and for the purchase of equip- 
ment for a vocational school, the town of Plymouth 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, fifty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on the face 
the words, Plymouth School Loan, Act of 1941. Each au- 
thorized issue shall constitute a separate loan, and such loans 
shall be paid in not more than ten years from their dates. 
Indebtedness incurred under this act shall be within the 
statutory limitation, but shall, except as provided herein, 
be subject to chapter forty-four of the General Laws, in- 
clusive of the limitation contained in the first paragraph of 
section seven thereof. 

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

Approved April 7, 1941. 

An Act relative to the nomination and appointment Qhav 162 
OF inspectors of animals in cities and towns. f- 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-nine of the General g-^LCTer 
Laws is hereby amended by striking out section fifteen, as amended.' 
appearing in the Tercentenary Edition, and inserting in 
place thereof the following: — Section 15. The mayor in inspectors 
cities, except Boston, and, except as otherwise provided fncitiM^ind 
in section fifteen A, the selectmen in towns shall annually, towns. 
in March, nominate one or more inspectors of animals, and 
before April first shall send to the director the name, address 



126 Acts, 1941. — Chap. 163. 

and occupation of each nominee. Such nominee shall not 
be appointed until approved by the director. In cities at 
least one such inspector shall be a registered veterinarian, 
except in a city where this requirement cannot be complied 
with by reason of a charter provision relating to the quali- 
fications of appointees to office therein. 

In a town which has a board of health and accepts this 
paragraph, the nomination of such inspectors shall be made 
by the board of health and not by the selectmen. 

Approved April 7, 1941. 



Chap.lQS An Act providing for biennial municipal elections in'^ 

THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and forty-five, municipal elections in the city of Quincy 
shall be held biennially on the Tuesday next following the 
first Monday in November in each odd-numbered year. 
There shall be no regular municipal election in said city 
in the year nineteen hundred and forty-four. 

Section 2. At the regular municipal election to be held 
in said city in the year nineteen hundred and forty-two, 
the mayor and the councillors to be elected thereat shall 
be elected for terms of three years each. At the biennial 
municipal election to be held in said city in the year nine- 
teen hundred and forty-five, and at each biennial municipal 
election thereafter the mayor and all of the councillors shall 
be elected for terms of two years each. 

Section 3. At the regular municipal election to be held 
in said city in the year nineteen hundred and forty-one, and 
in the year nineteen hundred and forty-three, the members 
of the school committee to be elected thereat shall be elected 
for terms of four years each. At the biennial municipal 
election to be held in said city in the year nineteen hundred 
and forty-five and at each biennial municipal election there- 
after, all members of the school committee to be elected 
thereat shall be elected to serve for terms of four years each. 

Section 4. This act shall be submitted for acceptance 
to the qualified voters of the city of Quincy at the regular 
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 current year, entitled 'An Act 
providing for Biennial Municipal Elections in the City of 
Quincy', be accepted?" If a majority of the votes cast on 
said question is in the affirmative, this act shall thereupon 
take full effect; otherwise it shall be of no effect and the 
members of the school committee elected at said election 
shall hold office for terms of three years each. 

Approved April 7, 1941- 



Acts, 1941. — Chap. 164. 127 



An Act making the law requiring the installation of QJ-^dj) 154 

PICK CLOCKS, so CALLED, ON LOOMS IN CERTAIN TEXTILE 
FACTORIES INAPPLICABLE TO LINEN FIRE HOSE WEAVING. 

Be it enacted, etc., as follows: 

Section one hundred and fifty-six of chapter one hundred g. l. (Ter. 
and forty-nine of the General Laws, as amended by section f^se/eu-!., 
one of chapter three hundred and sixty-three of the acts of amended. 
nineteen hundred and thirty-five, is hereby further amended 
by inserting after the word "weaving" in the seventeenth 
Hne the words : — , hnen fire hose weaving, — so as to read 
as follows: — Section 156. The occupier or manager of every specifications 
textile factory shall post in every room where any em- *°'" ^^'^^'''"^• 
ployees work by the job, in legible writing or printing, 
and in sufficient numbers to be easily accessible to such 
employees, specifications of the character of each kind of 
work to be done by them, and the rate of compensation. 
Such specifications in the case of weaving rooms shall state 
the intended and maximum length of a cut or piece, the 
count per inch of reed, and the number of picks per inch, 
width of loom, width of cloth woven in the loom, and the 
price per cut or piece, or per pound ; or, if payment is made 
per pick or per yard, the price per pick or per yard ; and each 
warp shall bear a designating ticket or mark of identifica- 
tion ; and in factories operating the looms on a piece rate Pick docks, 
basis pick clocks shall be placed on each loom, other than a installation of. 
gang loom, so called, in operation on work other than carpet 
weaving, linen fire hose weaving or elastic web weaving, 
and each weaver shall be paid according to the number of 
picks registered on said clock. In roving or spinning rooms, 
the number of roving or yarn and the price per hank for each 
size machine shall be stated; and each machine shall bear a 
ticket stating the number of the roving or yarn made upon 
it. In spooling rooms the boxes shall bear a ticket stating 
the number of pounds the box contains and the price per 
pound. The maximum length of a cut or piece shall not 
exceed its intended length by more than three per cent; 
but if it appears that a variation in excess of the amount 
hereinbefore set forth has been caused in whole or in part 
by any weaver in the employ of any person charged' with 
the violation of this section, it shall be deemed a sufficient 
defence to a prosecution. The said specifications shall also 
contain a detailed schedule of the method of computation 
of the price of cotton or silk or mixed cotton and silk weaving 
to be paid by the said occupier or manager, and no particu- 
lar in the specifications shall be expressed by means of sym- 
bols, but every particular shall be sufficiently clear and 
complete to enable the operative to determine readily the 
price payable for the cut or piece. Violation of any provi- 
sion of this section shall for the first offence be punished by 
a fine of one hundred dollars, for the second offence by a fine 



128 



Acts, 1941. — Chap. 165. 



of two hundred dollars, and for a subsequent offence by a 
fine of five hundred dollars or by imprisonment for not more 
than one month, or both. Approved April 7, 19^1. 



G. L. (Ter. 
Ed.). 31, new 
section 31B, 
added. 



Rosters of 
positions in 
classified civil 
Bervice. 



Chap. 165 An Act relative to the preparation and keeping op 

ROSTERS OF POSITIONS IN THE CLASSIFIED CIVIL SERVICE 
AND THE INCUMBENTS THEREOF, AND THE USE OF SUCH 
ROSTERS IN CONNECTION WITH THE PAYMENT OF SALARIES 
OR COMPENSATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-one of the General Laws is 
hereby amended by inserting after section thirty-one A, 
inserted by section two of chapter four hundred and twenty- 
two of the acts of nineteen hundred and thirty-nine, the 
following new section: — Section SIB. The director shall 
prepare and keep on file in his office rosters of all positions 
in the classified civil service of the commonwealth, and of 
each city and town, subject to this chapter, and of the per- 
sons whose employment in such positions, respectively, 
whether permanent or temporaiy, is legal. He shall file a 
copy of such roster for the commonwealth with the comp- 
troller, and shall file a copy of such roster for each such city 
or town with the treasurer or other officer thereof whose 
duty it is to pay the salary or compensation of persons in 
the service of such city or town, and with the auditor or 
other officer thereof whose duty it is to authorize the draw- 
ing, signing or issuing of warrants for such payment. When- 
ever a change occurs in the status of any person by virtue 
of suspension, discharge, resignation or any other separa- 
tion from the classified civil service, or whenever any person 
is legally employed in or appointed to a position in said 
service, the director shall make on the proper roster, or 
append thereto, a record of such change, and shall give 
notice thereof to each officer with whom a copy of such 
roster is hereby required to be filed, who shall make on his 
copy of said roster, or append thereto, a corresponding 
record. The state treasurer, city or town treasurer, or other 
disbursing officer of the commonwealth or of a city or town 
subject to this chapter, shall not pay any salary or compen- 
sation for service rendered in any position in the classified 
civil service to any person whose name does not appear on 
such roster, as amended from time to time, as the holder 
of such position, whether such payment is made by means 
of pay roll or bill, or in any other manner, and the comp- 
troller, or the auditor or other accounting officer of such a 
city or town, shall not authorize the drawing, signing or 
issuing of a warrant for such payment, until the legafity of 
the employment or appointment of such person is duly es- 
tablished. The state treasurer or other disbursing officer 
may accept the certification by the comptroller that the 
name of any person appears on the roster of the classified 



Acts, 1941. — Chaps. 166, 167. 129 

civil service of the commonwealth as evidence thereof. Any 
officer who wilfully violates any provision of this section 
shall be punished by a fine of not less than twenty-five nor 
more than one hundred dollars. 

Section 2. Nothing in this act shall affect chapter two Effect of act. 
hundred and ten of the acts of nineteen hundred and eight, 
as amended, relative to pay rolls, bills and certain accounts 
for salary or compensation of persons in the employment 
of the city of Boston. Approved April 7, 19If.l. 



An Act to avoid multiplicity of petitions for judicial Qfidj) JQQ 

REVIEW TO determine SENIORITY RIGHTS IN THE OFFICIAL ' 
SERVICE UNDER THE CLASSIFIED CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section forty-five A of chapter thirty-one of the General G. l. (Ter. 
Laws, inserted by chapter one hundred and ninety of the I'^sAfltc, 
acts of nineteen hundred and thirty-four, is hereby amended amended, 
by striking out, in the first and in the seventh lines, the 
word "labor", — so as to read as follows: — Section 45 A. J^^^J^^f' 
If any claim is made that the seniority rights of a petitioner 
under section forty-five have been or may be violated by 
the action of the officer or board whose action is sought to 
be reviewed, the court may, upon application of any party 
to such petition made at any time before final action on such 
petition, and upon proper notice, order that any person 
whose rights are claimed or appear to be junior to those of 
the petitioner, be made respondent in the proceeding, and 
shall thereupon determine the rights of the respective parties 
therein. Approved April 7, 194-1. 



review. 



An Act further regulating the filing of nomination Chap. 1Q7 

PAPERS OF CANDIDATES FOR TOWN MEETING MEMBERS IN 
THE TOWN OF LUDLOW. 

Be it enacted, etc., as follows: 

Section four of chapter three hundred and thirty-six of 
the acts of nineteen hundred and twenty-nine is hereby 
amended by striking out, in the sixth line, the words "at 
least fifteen days before the election" and inserting in place 
thereof the following : — on or before the last date for filing 
nomination papers for other town offices, — so as to read 
as follows: — Section 4- Nomination of candidates for town 
meeting members to be elected under this act shall be made 
by nomination papers, which shall bear no political desig- 
nations, and shall be signed by at least ten registered voters 
of the precinct in which the candidate resides, and filed with 
the town clerk on or before the last date for filing nomina- 
tion papers for other town offices; provided that any elected 
town meeting member may become a candidate for re-election 
by giving written notice thereof to the town clerk at least 



130 Acts, 1941. — Chaps. 168, 169. 

thirty days before the election. No nomination papers shal 
be vahd in respect to any candidate whose written accept- 
ance is not thereon or attached thereto when filed. 

Approved April 8, 19J^1. 

Chap. IQS An Act authorizing the town of wareham to borrow 

MONEY FOR MEETING ITS SHARE OF THE COST OF DREDG- 
ING ONSET HARBOR IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of meeting its share of the 
expenditures required to dredge Onset harbor in the town 
of Wareham, with a view to improving said harbor for 
navigation, all of said work to be done by the state depart- 
ment of public works under and subject to section twenty- 
nine of chapter ninety-one of the General Laws, said town 
may, within three years from the passage of this act, bor- 
row a sum or sums not exceeding, in the aggregate, twelve 
thousand dollars, and may issue notes for any moneys so 
borrowed, each of which notes shall bear on its face the 
words, Onset Harbor Dredging Loan, Act of 1941, and shall 
be payable within three years from its date; provided, that 
no money shall be borrowed and no notes shall be issued 
hereunder unless the sum of at least four thousand dollars 
towards payment of expenses aforesaid has been appropri- 
ated by said town from available revenue funds or voted 
by said town to be raised by taxation in the year in which 
the loan is authorized. Indebtedness incurred under this 
act shall be inside the statutory limit, but shall, except as 
provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved April 9, 1941- 

C/^a7?.169AN Act authorizing the board of aldermen of the 
city of medford to appropriate money for the pay- 
ment OF certain unpaid bills of said city, and au- 
thorizing said city to pay such bills. 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Med- 
ford is hereby authorized to appropriate money for the pay- 
ment of, and after such appropriation the treasurer of said 
city is hereby authorized to pay, such of the unpaid bills 
incurred during the year nineteen hundred and thirty-nine 
by said city, as set forth in the list on file in the office of 
the director of accounts in the department of corporations 
and taxation, as are legally unenforceable against said city, 
either by reason of their being incurred in excess of avail- 
able appropriations or by reason of the failure of said city 
to comply with the provisions of its charter, and as are 



crimination. 



Acts, 1941. — Chaps. 170, 171. 131 

certified for payment by the heads of the departments 
wherein the bills were contracted; provided, that the money 
so appropriated to pay such bills shall be raised by taxation 
in said city in the current year. 
Section 2. This act shall take effect upon its passage. 

Approved April 9, 19If.l. 

An Act to prevent discrimination in employment on Chap. 170 

PUBLIC WORKS AND PROJECTS AND IN THE DISPENSING OF 
PUBLIC WELFARE BECAUSE OF RACE, COLOR, RELIGION OR 
NATIONALITY. 

Be it enacted, etc., as follows: 

Chapter two hundred and seventy-two of the General g. l. (Ter. 
Laws is hereby amended by inserting after section ninety- new section 
eight A, inserted by section one of chapter one hundred and ^^b, added. 
fifty-five of the acts of nineteen hundred and thirty-eight, 
the following new section: — Section 9SB. Whoever, know- coior, race, 
ingly and wilfully, employs discriminatory practices in the ^*P- ^'^" 
administration or giving of employment on public works or 
projects, or in the dispensing or giving of public relief or 
public welfare or any public benefit, because of race, color, 
religion or nationality, shall be punished by a fine of not 
more than one hundred dollars. 

Approved April 9, 1941. 



An Act giving to certain employees of the department fhnnj i yi 

OF CONSERVATION CERTAIN POWERS OF CONSTABLES AND ^' 

POLICE OFFICERS WITHIN STATE FORESTS, STATE PARKS 
AND RESERVATIONS. 

Be it enacted, etc., as follows: 

Section ten of chapter one hundred and twenty-nine A of ^^^h ^Jqa 
the General Laws, as appearing in section one of chapter § ib.' etc.. ' 
three hundred and twenty-nine of the acts of nineteen hun- amended. 
dred and thirty-three, is hereby amended by adding at the 
end the following new sentence : ■ — Forest supervisors, park Forest super- 
superintendents and laborers employed by the department, to*have%ower 
while employed in state forests, state parks or reservations "jfj^grg"® 
shall, within the limits of said forests, parks or reservations 
have and exercise all the powers and duties of constables, 
except service of civil process, and of poHce officers, if so 
authorized in writing by the commissioner. 

Approved April 10, 1941. 



132 



Acts, 1941. — Chaps. 172, 173. 



Chap. 172 An Act penalizing the taking of certain herring or 

ALEWIVES FROM THE WATERS OF PLYMOUTH HARBOR, 
KINGSTON BAY, DUXBURY BAY AND CERTAIN WATERS OF 
PLYMOUTH BAY. 



G. L. (Ter. 
Ed.), 130, 
new section 
11 A. added. 



Taking of 
herring or 
alewives 
regulated. 



Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is 
hereby amended by inserting after section eleven, as appear- 
ing in section two of chapter three hundred and twenty-nine 
of the acts of nineteen hundred and thirty-three, the follow- 
ing new section : — Section 11 A. Whoever takes any herring 
or alewives less than four inches in length from the waters of 
Plymouth harbor, Kingston bay, Duxbury bay or from that 
part of the waters of Plymouth bay lying westerly of an 
imaginary hne drawn from the northeasterly extremity of 
Rocky Point to Gurnet Light, shall be punished by a fine of 
not less than five nor more than fifty dollars. 

Approved April 10, 1941. 



Chap. 173 An Act to prevent the importation of certain cattle 

AFFECTED WITH BANG's ABORTION DISEASE. 



G. L. (Ter. 
Ed.). 129, 
§ 26A, etc., 
amended. 



Shipping, etc., 
of dairy cattle 
regulated. 



Be it enacted, etc., as follows: 

Section twenty-six A of chapter one hundred and twenty- 
nine of the General Laws, as amended by chapter one hun- 
dred and sixty-eight of the acts of nineteen hundred and 
thirty-eight, is hereby further amended by striking out, in 
the eleventh and twelfth Hues, the words "within thirty 
days prior to entry" and inserting in place thereof the 
words : — in accordance with rules and regulations made by 
the director and approved by the governor and council, — 
so as to read as follows: — Section 26 A. Whoever ships, 
drives or transports into the commonwealth cattle to be 
used for dairy purposes, unless they have been inspected 
and passed as healthy by a veterinary inspector of the 
United States Bureau of Animal Industry or a veterinarian 
of the state of origin authorized by the state and approved 
by said bureau and are accompanied by a certificate of health 
approved by the proper livestock officials of the state of 
origin stating that each such animal six months of age or 
over was negative to an agglutination blood test for Bang's 
abortion disease applied in accordance with rules and regu- 
lations made by the director and approved by the governor 
and council, shall be punished by a fine of not more than two 
hundred dollars. Approved April 10, 1941. 



Acts, 1941. — Chap. 174. 133 



An Act relative to the return to prison of certain Chap. 174 

PRISONERS WHO HAVE BEEN RELEASED UPON PERMITS OR 
ON PAROLE. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and forty-one of chapter g l. (Ter 
one hundred and twenty-seVen of the General Laws, as ap- amended.' 
pearing in the Tercentenary Edition, is hereby amended by 
striking out, in the seventeenth and eighteenth Hnes, the 
words "from which he was released" and inserting in place 
thereof the words: ^ — to which he was originally sentenced, 
— so as to read as follows: — Section 1/f.l. A probation of- ^jfrofe^tc 
ficer may, with the consent of the county commissioners, or, 
in Suffolk county, of the penal institutions commissioner of 
Boston, investigate the case of any person imprisoned in a 
jail or house of correction upon a sentence of not more than 
six months, or upon a longer sentence of which not more 
than six months remain unexpired, or for failure to pay a 
fine, for the purpose of ascertaining the probability of his 
reformation if released from imprisonment. If after such 
investigation he recommends the release of the prisoner, and 
the court which imposed the sentence, or, if the sentence 
was imposed by the superior court, the district attorney, 
certifies a concurrence in such recommendation, the county 
commissioners or the penal institutions commissioner may, 
if they consider it expedient, release him on parole, upon 
such terms and conditions as they may prescribe, and may 
require a bond for their fulfilment. The surety upon any Bond, 
such bond may at any time take and surrender his principal, 
and the county commissioners or the penal institutions com- 
missioner may at any time order any prisoner released b}^ 
them to return to the prison to which he was originally 
sentenced. This section shall not apply to persons held 
upon sentences of the courts of the United States. 

Section 2. Said chapter one hundred and twenty-seven g. l. (Ter. 
is hereby further amended by striking out section one hun- ^'{l^ ^^^^ 
dred and forty-nine, as amended by section fifty-one of amended. ' 
chapter four hundred and fifty-one of the acts of nineteen 
hundred and thirty-nine, and inserting in place thereof the 
following section: — Section 1 49. The parole board, the Arrest for 
county commissioners or, in Suffolk county, the penal insti- ^joi^tion 
tutions commissioner of Boston, if a permit to be at liberty 
granted or issued by them, respectively, has become void or 
has been revoked, or if a prisoner on parole under section 
one hundred and forty-one has been ordered to return to 
prison, may order the arrest of the holder of such permit or 
of such prisoner on parole by any officer qualified to serve 
civil or criminal process in any county, and the return of 
such holder or of such prisoner on parole to the prison to 
which he was originally sentenced. The governor, if a per- 
mit to be at liberty issued to an habitual criminal under 



permit. 



134 



Acts, 1941. — Chap. 175. 



section one hundred and thirty-four has become void or 
has been revoked, shall issue his warrant authorizing the 
arrest of the holder thereof by any officer qualified to serve 
criminal process, and his return to state prison. A prisoner 
who has been so returned to prison shall be detained therein 
according to the terms of his original sentence. In comput- 
ing the period of his confinement, the time between his 
release upon a permit or on parole and his return to prison 
shall not be considered as any part of the term of his original 
sentence. If at the time of the order to return to prison or 
of the revocation of his permit he is confined in any prison, 
service of such order shall not be made until his release 
therefrom. Approved April 10, 1941- 



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



Possession 
of shotguns, 
etc., as evi- 
dence of un- 
lawful hunting 
of deer. 



Chap. 17 5 An Act eelative to the possession of shotguns and 

SHOTGUN SHELLS AS CONSTITUTING PRIMA FACIE EVIDENCE 
OF THE UNLAWFUL HUNTING OF DEER. 

Be it enacted, etc., as follows: 

Section one hundred and four of chapter one hundred 
and thirty-one of the General Laws, as most recently 
amended by chapter three hundred and twenty-four of the 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by striking out, in the thirty-first and forty-sixth 
lines, the word "two" and inserting in place thereof, in each 
instance, the word: — one, — so that the last two para- 
graphs will read as follows : — 

The possession, except as authorized herein, during the 
period between one half hour after sunset and one half hour 
before sunrise in any place where deer might be found of a 
jack or artificial light and also any firearm and ammunition 
adapted to the hunting of deer, including a shotgun together 
with shotgun shells loaded with shot, bullet or ball larger 
than number one shot but not including a rifle the caUbre of 
which is not larger than that of a twenty-two long rifle, so- 
called, or a pistol or revolver of not more than thirty-eight 
calibre, or the possession, except as authorized herein, dur- 
ing the period between one half hour before sunrise and one 
half hour after sunset in any such place of such a shotgun 
together with shotgun shells loaded as aforesaid, shall con- 
stitute prima facie evidence that the person in possession 
thereof is using the same for the purpose of hunting deer in 
violation of this section. 

Nothing herein contained shall be construed as permitting 
any person to have in possession during the close season on 
deer any rifle, pistol or revolver in violation of section one 
hundred and twelve. Nothing herein contained shall be 
construed to prohibit the possession or use of shotgun shells 
loaded with shot, bullet or ball larger than number one shot 
during the open season on deer, nor to prohibit the hunting 
of raccoons or any unprotected mammal in a lawful manner 



Acts, 1941. — Chaps. 176, 177. 135 

with a jack or artificial light; provided, that no motor 
vehicle is used in conjunction with the use of such jack or 
artificial Ught. Approved April 10, 1941. 



An Act relative to the effect of zoning ordinances Chap. 176 

OR BY-LAWS on CERTAIN PERMITS. 

Whereas, Municipal zoning ordinances and by-laws are Emergency 
in process of amendment at the present time and there P'"«a™bie. 
exists great uncertainty as to the construction of certain 
provisions of law applicable thereto causing confusion in the 
administration of municipal affairs, and it is accordingly 
desirable that such uncertainty should be removed as soon 
as possible; therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Chapter forty of the General Laws is hereby amended by g. l. (Ter. 
striking out section twenty-eight, as appearing in section fas'et!;' 
one of chapter two hundred and sixtj^-nine of the acts of amended.' 
nineteen hundred and thirty-three, and inserting in place 
thereof the following : — Section 28. No such ordinance or ordinances, 
amendment thereof shall affect any permit issued in a city affect'certain 
before notice of hearing before the planning board or the permits. 
zoning board, as the case may be, or, if there is neither, 
before the city council, has first been given, and no such by- 
law or amendment thereof shall affect any permit issued in 
a town before notice of hearing before the planning board or 
the zoning board, as the case may be, or, if there is neither, 
before the selectmen, has first been given or before the issu- 
ance of the warrant for the town meeting at which such 
by-law or amendment is adopted, whichever occurs first; pro- 
vided, that construction work under such permit is com- 
menced within six months after its issue. 

Approved April 10, 1941. 



An Act further extending the existence of the cen- Chnj^ yj'j 

TRAL CREDIT UNION FUND, INC. ^' 

Be it enacted, etc., as follows: 

Section seven of chapter two hundred and sixteen of the 
acts of nineteen hundred and thirty-two, as amended by 
chapter seventy of the acts of nineteen hundred and thirty- 
six, is hereby further amended by striking out, in the second 
line, the word "ten" and inserting in place thereof the word: 
— twenty, — so as to read as follows : — Section 7. This act 
shall be operative for a period of twenty years from its effec- 
tive date, and at the expiration of said period the corpora- 
tion shall be liquidated in such manner as the commissioner 
of banks shall prescribe. Approved April 10, 1941. 



136 Acts, 1941. — Chap. 178. 



Chap. 178 ^^ ^CT RELATIVE TO THE CONSTRUCTION, RECONSTRUCTION, 
ALTERATION AND REPAIR OF CERTAIN BRIDGES BETWEEN 
THE CITIES OF BOSTON AND CHELSEA, PURSUANT TO ANY 
ORDER OF THE SECRETARY OF WAR. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter five hundred and eighty-one of the 
acts of nineteen hundred and eleven is hereby amended by 
striking out section one and inserting in place thereof the 
following new section : — Section 1 . Upon the application of 
the city of Boston, after a vote thereupon by its city coun- 
cil, to any justice of the supreme judicial court, and after 
notice to and hearing of the cities of Boston, Chelsea and 
Revere, and the town of Winthrop, and such other cities 
and towns and street railway corporations as are affected 
by the application, said court shall, from time to time here- 
after as may be necessary, appoint three disinterested per- 
sons as commissioners, neither of whom shall reside in either 
of said cities or said town, who, after notice and a hearing, 
shall apportion among the cities and towns which receive 
special benefits from the bridges hereinafter named a just 
and equitable share of the cost of construction, reconstruc- 
tion, alteration, repairs and maintenance of said bridges, 
and shall also assess upon any street railway having a loca- 
tion upon any of said bridges a just and equitable share of 
the cost of construction and repairs; provided, that no costs 
shall be so assessed for any work done or contracted for 
previous to the passage of this act. Said bridges are, (1) 
Chelsea bridge, so-called, between Charlestown and Chelsea; 

(2) Meridian street bridge between East Boston and Chelsea; 

(3) Chelsea street bridge between East Boston and Chelsea. 
Section 2. Section two of said chapter five hundred and 

eighty-one is hereby amended by striking out, in the second 
line, the words "shall be constructed" and inserting in place 
thereof the words: — including such as may be constructed, 
reconstructed, altered or repaired pursuant to any order of 
the Secretary of War under powers conferred by federal law, 
shall be constructed, reconstructed, altered, — by striking 
out the words "said commission" in the seventh line and 
inserting in place thereof the words : — any commission ap- 
pointed pursuant to this act, — and by inserting at the end 
of said section the following new sentence : — The city of 
Boston is hereby authorized and empowered to apply for 
and receive all payments or contributions toward such con- 
struction, reconstruction, alteration or repair which may be 
provided for by any applicable federal law, and shall apply 
the amounts so received ratably to the credit of the afore- 
said cities, towns and street railway companies in the same 
proportions as the amounts apportioned b}^ said commission 
to be collected from them, — so as to read as follows: — 
Section 2. Said bridges, or any of them, or any authorized 
substitute for any of them, including such as may be con- 



Acts, 1941. — Chap. 179. 137 

structed, reconstructed, altered or repaired pursuant to any 
order of the Secretary of War under powers conferred by 
federal law, shall be constructed, reconstructed, altered or 
repaired by the city of Boston when appropriations therefor 
have duly been made by its city council, and the city of 
Boston is hereby authorized and empowered to collect from 
the cities, towns and street railway companies aforesaid the 
amounts apportioned to them by any commission appointed 
pursuant to this act, on application to the supreme judicial 
court or any justice thereof, or to the superior court or any 
justice thereof, and said courts shall have jurisdiction in 
equity or otherwise to enforce said payments. The city of 
Boston is hereby authorized and empowered to apply for 
and receive all payments or contributions toward such con- 
struction, reconstruction, alteration or repair which may be 
provided for by any applicable federal law, and shall apply 
the amounts so received ratably to the credit of the aforesaid 
cities, towns and street railway companies in the same pro- 
portions as the amounts apportioned by said commission to 
be collected from them. Ajpyroved April 10, 1941. 



An Act authorizing towns to appropriate money for Chav. 17Q 

THE payment of CERTAIN UNPAID BILLS OF PREVIOUS 
YEARS. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws is hereby amended Ed^' il^iew 
by inserting after section sixty-three, as appearing in the section m. 
Tercentenary Edition, the following new section : — Sec- !, ^ ' 
tion 64- Any town having unpaid bills of previous years unpSd'ac- 
which may be legally unenforceable due to the insufficiency to^g^ijji 
of an appropriation in the year in which such bills were in- curredin 
curred, may, at an annual meeting by a four fifths vote, or yel^""* 
at a special meeting by a nine tenths vote, of the voters pres- 
ent and voting at a meeting duly called, appropriate money 
to pay such bills; but no bill or payroll shall be approved 
for payment or paid from an appropriation voted under 
authority of this section unless and until certificates have 
been signed and filed with the selectmen, as hereinafter pro- 
vided, stating under the penalties of perjury that the goods, 
materials or services for which bills have been submitted 
were ordered by an official or employee of the town and that 
such goods and materials were delivered and actually re- 
ceived by the tow^n or that such services were rendered to 
or for the town, as the case may be. 

Every such certificate that goods, materials or services 
were so ordered shall be signed and filed by the official or 
employee of the town who ordered the same or, if he has 
ceased to be an official or employee of the town, by any 
official or employee of the town; every such certificate of 
delivery to the town of goods or materials shall be signed 
and filed by the vendor thereof or, if such vendor is a cor- 



138 



Acts, 1941. — Chap. 180. 



poration, shall be signed and filed by the treasurer thereof; 
every such certificate that goods or materials were received 
by the town shall be signed and filed by an official or em- 
ployee of the town; and every such certificate of services 
rendered to or for the town shall be signed and filed by the 
person who rendered such services. 

This section shall not prohibit or prevent appropriations 
by a majority vote for bills or obligations of previous years 
due to any other town or to a district, a city, a county or the 
commonwealth, or for legally incurred debt and interest the 
payment of which is provided for by any general or special 
law. 

This section shall not apply to cities. 

Approved April 11, 1941. 



G. L. (Ter. 
Ed.), 213. 
S lA, etc., 
amended. 



Juriediction 
of supreme 
judicial and 
superior courts 
relative to 
certain insur- 
ance cases. 



Chap. 180 An Act relative to the concurrent jurisdiction of the 

SUPREME JUDICIAL AND SUPERIOR COURTS WITH RESPECT 
TO CERTAIN INSURANCE MATTERS. 

Be it enacted, etc., as follows: 

Section one A of chapter two hundred and thirteen of the 
General Laws, as amended by chapter twenty-eight of the 
acts of the current year, is hereby further amended by add- 
ing at the end the following : — , or under any of the pro- 
visions of chapter one hundred and seventy-five, relating to 
insurance, or of chapter one hundred and seventy-six, relat- 
ing to fraternal benefit societies, or of chapter one hundred 
and seventy-eight, relating to savings bank life insurance, 
— so as to read as follows: — Section lA. The superior 
court shall have original jurisdiction, concurrently with the 
supreme 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 man- 
damus 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 hundred and fourteen or otherwise, other than 
cases arising under the statutes relating to insolvency of 
which general superintendence and jurisdiction are given to 
it by those statutes, or arising under section five of chapter 
twenty-five, relating to the department of public utifities, 
or under section thirteen of chapter fifty-eight A, relating 
to the appellate tax board, or under chapters one hundred 
and sixty-seven, one hundred and sixty-eight and one hun- 
dred and seventy-two, relating to banks and banking, or 
under paragraph (F) of section twelve of chapter three hun- 
dred and seventy-six of the acts of nineteen hundred and 
thirty-four, as amended by section five of chapter four hun- 
dred and twenty-eight of the acts of nineteen hundred and 
thirty-seven, relating to the milk control board, or under 
any of the provisions -of chapter one hundred and seventy- 



Acts, 1941. — Chaps. 181, 182, 183. 139 

five, relating to insurance, or of chapter one hundred and 
seventy-six, relating to fraternal benefit societies, or of chap- 
ter one hundred and seventy-eight, relating to savings bank 
life insurance. Approved April 11, 1941. 



An Act authorizing the town of harvard to acquire QJk^ii) Jgl 

CERTAIN LANDS IN SAID TOWN FOR CEMETERY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Harvard may acquire by pur- 
chase or gift, or may take by eminent domain under chapter 
seventy-nine of the General Laws, certain lands in said town 
now used for cemetery purposes, known as Shaker Cemetery, 
for use exclusively as a Shaker cemetery. Said acquisition 
or taking shall be subject to the rights of any and all lot 
owners in said lands. 

Section 2. This act shall take full effect upon its ac- 
ceptance, within a period of three yestrs after its passage, 
by a majority of the registered voters of said town present 
and voting thereon at any annual or special town meeting. 

Approved April 11, 1941. 



An Act authorizing the town of dennis to take over Qhdjf \g2 
the properties and to assume the obligations of the ' 

DENNIS south IMPROVEMENT DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The town of Dennis is hereby authorized to 
take over all the property, rights and privileges of the Den- 
nis South Improvement District, established in the year 
nineteen hundred and twenty-four under authority of chap- 
ter forty of the General Laws, and to assume all the duties 
and obligations of said district, and shall thereby become in 
all respects the lawful successor of said district. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of the town of Dennis 
present and voting thereon at any annual or special town 
meeting. 

Section 3. Chapter twenty of the acts of nineteen hun- 
dred and thirty-five is hereby repealed. 

Approved April 11, 1941. 



An Act authorizing the town of harvard to lease or fhnjy i CQ 

RENT FROM THE TRUSTEES OF THE BROMFIELD SCHOOL ^' 

LAND AND BUILDINGS OWNED BY SAID TRUSTEES. 

Be it enacted, etc., as follows: 

The town of Harvard may lease or rent from the Trus- 
tees of the Bromfield School, for use for school and town 
building purposes, or either of said purposes, the buildings 



140 



Acts, 1941. — Chaps. 184, 185. 



and premises owned by said trustees. Any lease entered 
into under authority of this act shall be for a period of not 
more than thirty years and shall contain such provisions as 
may be mutually agreed upon by said trustees and said 
town. Approved April 11, 1941. 



G. L. (Ter. 
Ed.). 32, 
§ 37E. etc., 
amended. 



Chap. 184: An Act relative to minimum retirement allowances 

OF MEMBERS OF CERTAIN CONTRIBUTORY RETIREMENT SYS- 
TEMS FORMERLY BELONGING TO OTHER SUCH SYSTEMS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-seven E of chapter thirty- 
two of the General Laws, as most recently amended by sec- 
tion three of chapter four hundred and thirty-nine of the 
acts of nineteen hundred and thirty-eight, is hereby further 
amended by striking out paragraph (1), as appearing in sec- 
tion twenty of chapter three hundred and thirt3^-six of the 
acts of nineteen hundred and thirty-seven, and inserting in 
place thereof the following paragraph : — 

(1) An employee of a county, city, town or hospital dis- 
trict who, having been a member of a contributory retire- 
ment system previously existing in the same county, city, 
town or hospital district, joins a system estabhshed under 
the provisions of sections twenty to twenty-five H, inclu- 
sive, or of sections twenty-six to thirty-one H, inclusive, 
shall on retirement receive a retirement allowance at least 
equal to that to which he would have been entitled under 
the previously existing system or had there been no such 
previously existing system. 

Section 2. This act shall apply to any employee referred 
to in section one who has been retired since January first, 
nineteen hundred and thirty-seven. 

Approved April 11, 1941. 



Minimum 
retirement 
allowances. 



Application 
of act. 



Chap. 185 An Act authorizing the city of Cambridge to fund 

CERTAIN INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds to meet 
certain loans issued in the year nineteen hundred and forty 
under clause (9) of section eight of chapter forty-four of the 
General Laws, the city of Cambridge may borrow during 
the current year such sums, not exceeding, in the aggregate, 
six hundred and seventy-five thousand dollars, as may be 
necessary and may issue bonds or notes therefor, which 
shall bear on their face the words, City of Cambridge Fund- 
ing Loan, Acts of 1941. Each authorized issue shall consti- 
tute a separate loan, and such loans shall be payable in not 
more than five years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory Hmit, 
but shall, except as herein provided, be subject to chapter 



Acts, 1941. — Chaps. 186, 187. 141 

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 14, 1941. 

An Act further regulating the reduction of deposits C hap. 1S6 
IN certain savings banks. 

Be it enacted, etc., as follows: 

Section forty-four of chapter one hundred and sixty-eight g. l. (Tct 
of the General Laws, as appearing in the Tercentenary Edi- ameAded.' *' 
tion, is hereby amended by adding at the end the following: 
— ; provided, that at any time after the entry of a decree 
approving or ordering such a reduction of deposit accounts, 
said court or any justice thereof may by order finally deter- 
mine the amount which said depositors are equitably entitled 
to receive in full settlement of their said deposit accounts 
and the manner of distribution of said amount, — so as to 
read as follows: — Section 44- The supreme judicial court Reduction 
or any justice thereof sitting in equity may, on petition of of deposits, 
a savings bank or the trustees of a savings bank, approved 
by the commissioner, approve or order a reduction of the 
deposit account of each depositor therein, whenever the 
value of its assets is less than the total amount of its deposits 
so as to divide the loss equitably among said depositors. If 
thereafter the bank shall reahze from said assets a greater 
sum than was fixed by said order of reduction, such excess 
shall be divided among the depositors whose accounts have 
been reduced, but to the extent of such reduction only; 
provided, that at any time after the entry of a decree ap- 
proving or ordering such a reduction of deposit accounts, 
said court or any justice thereof may by order finally deter- 
mine the amount which said depositors are equitably en- 
titled to receive in full settlement of their said deposit 
accounts and the manner of distribution of said amount. 

Approved April 14, 1941. 

An Act relative to the contents of the record trans- nhnj) 1 87 
mitted to the supreme judicial court in appellate ' ' * 
proceedings. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty-five of chap- ^\h^J^^- 
ter two hundred and thirty-one of the General Laws, as § 135, amended, 
appearing in the Tercentenary Edition, is hereby amended 
by adding after the first paragraph the two following new 
paragraphs : — 

In preparing the record, a brief descriptive title of any Transmission 
paper to be contained therein shall be included, but the title content^of. 
of the court, name of the county, names of parties and other 
formal parts need not appear more than once. No bond, 
citation, verification, appearance or formal paper shall be 



142 Acts, 1941. — Chaps. 188, 189. 

deemed a necessary part of the record unless some question 
in regard thereto is in issue but the contents thereof may be 
indicated. Matter which appears in two or more papers or 
portions thereof forming part of the record need be set forth 
only once therein, and at each place where such matter is 
omitted there shall be printed a notation of the omission, 
with a cross-reference to the place in the record where such 
matter appears. 

The supreme judicial court may make and promulgate 
rules regulating the contents of the record and may in any 
case order the transmission of the original or a copy of any 
paper not appearing in the record, or appearing therein in 
an abbreviated form, if at any time such omitted paper or 
any omitted part of such abbreviated paper becomes ma- 
terial. 
Effective SECTION 2. This act shall become operative on October 

first of the current year. Approved April I4, 1941. 

C/iap. 188 An Act reviving the corporation known as saint 
Patrick's religious, educational and charitable 

ASSOCIATION OF MASSACHUSETTS (wATERTOWN), AND 
VALIDATING CERTAIN ACTS AND PROCEEDINGS OF SAID 
CORPORATION. 

Emergency Whereus, The corporation sought to be revived by this 

pream e. ^^^ ^^^ dissolved without its knowledge, thereby causing 

much inconvenience and uncertainty which should be re- 
moved as soon as possible, therefore this act is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public' convenience. 

Be it enacted, etc., as follows: 

Saint Patrick's Religious, Educational and Charitable 
Association of Massachusetts (Watertown), which was dis- 
solved by 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 chap- 
ter had not been passed, and all acts and proceedings of said 
corporation, its officers and directors which would be valid 
but for said chapter are hereby ratified and confirmed. 

Approved April 15, 1941. 



Chap. 189 An Act further extending the existence of the 

MASHPEE ADVISORY COMMISSION AND ENLARGING ITS 
AUTHORITY. 

pr^ambre*;^ Wkcreas, The existence of the Mashpee Advisory Com- 

mission expires by law on April fifteenth next; and 

Whereas, It is essential to the welfare of the inhabitants 
of the town of Mashpee that said commission be empowered 
to continue to function without interruption, and the de- 
ferred operation of this act would tend to defeat its purpose, 
which is to enable said commission so to function without 



Acts, 1941. — Chap. 189. 143 

interruption, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate, preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty-three of 
the acts of nineteen hundred and thirty-two is hereby 
amended by striking out section one, as most recently 
amended by section one of chapter two hundred and ninety- 
one of the acts of nineteen hundred and thirty-eight, and 
inserting in place thereof the following section : -^ Section 1 . 
There is hereby established an unpaid commission, under 
the title of the Mashpee Advisory Commission, hereinafter 
called the commission, to consist of three members, each of 
whom shall be the head of a state department or the head 
of a division thereof, designated by the governor, with the 
advice and consent of the council, and shall serve for a 
period terminating April fifteenth, nineteen hundred and 
forty-five. The governor, with hke advice and consent, 
shall, from time to time, designate one of the members as 
chairman, may remove any member and shall fill any va- 
cancy in the commission for the unexpired term. The action 
of any two of the members shall constitute the action of the 
commission; and whenever any action by the commission 
is required to be in writing, such writing shall be sufficient 
when signed by any two of the members. The commission 
may employ, at the expense of the town of Mashpee, such 
assistants as it may deem necessary. The commission may 
assign for specific or general emplojonent one or more persons 
within a state department or division in charge of any mem- 
ber of the commission, and any expense incurred by reason 
of such assignment shall be certified by the commission to 
the state treasurer, and shall be collected by him as an 
additional state tax upon said town. 

Section 2. Said chapter two hundred and twenty-three 
is hereby further amended by striking out section two and 
inserting in place thereof the following section : — Section 2. 
The commission shall have authority to supervise all finan- 
cial affairs of said town, including the authority to fix sal- 
aries of such local officials as it deems advisable, and no 
appropriation shall be raised in any year, or appropriation 
expended and no debt incurred, except with the approval 
or upon the recommendation of the commission, which 
approval or recommendation shall be in writing. The town 
accountant appointed under authority of section fifty-five 
of chapter forty-one of the General Laws shall be appointed 
only with the approval of the commission. 

The commission shall have authority to order compliance 
with laws relative to the assessment and collection of taxes. 
The supreme judicial court shall have summary power, 
upon petition of the commission, to enforce any such order 
or to remove from office any officer who has failed to 
comply with any such order. Approved April 15, 1941. 



144 



Acts, 1941.— Chaps. 190, 191, 192. 



C hap. 190 ^^ Act providing for the establishment of civil 

SERVICE CLASSES AND GRADES. 

Be it enacted, etc., as follows: 

Section three of chapter thirty-one of the General Laws, 
as most recently amended by section one of chapter four 
hundred and ninety-eight of the acts of nineteen hundred and 
thirty-nine, is hereby further amended by striking out clause 
(a) and inserting in place thereof the following clause: (a) 
The estabhshment of civil service classes and grades; 

Approved April 2S, 191^1. 



G. L. (Ter. 
Ed.), 31, 
§ 3, etc.. 
amended. 



Civil service 
grades, etc. 



G. L. (Ter. 

Ed.), 122, 

§ 24, amended. 



Complaints 
for escapes. 



C/?ajy. 191 An Act relative to complaints for escapes from the 

TEWKSBURY STATE HOSPITAL AND INFIRMARY. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-two of the General 
Laws is hereby amended by striking out section twenty- 
four, as appearing in the Tercentenary Edition, and inserting 
in place thereof the following section: — Section 2Jf.. Com- 
plaints for violations of section twenty-three may be made 
and prosecuted by any member of a board of public welfare 
or by the institutions department in Boston or by the super- 
intendent of the Tewksbury state hospital and infirmary or 
an officer of said institution designated by said superintend- 
ent for such purpose or by agents, not exceeding two, ap- 
pointed by the department and designated for such purpose. 
The district court of Lowell may, at such time as it appoints, 
hold sessions at Tewksbury for the trial of such complaints 
against inmates of said state hospital and infirmary. 

Approved April 23, 1941. 



Chap. 192 An Act relative to appropriations by the city of attle- 

BORO FOR THE CELEBRATION OF THE TWO HUNDRED AND 
fiftieth ANNIVERSARY OF THE INCORPORATION OF SAID 
MUNICIPALITY AS A TOWN. 

Be it enacted, etc., as follows: 

The city of Attleboro may appropriate the sum of one 
thousand dollars during each of the fiscal years of nineteen 
hundred and forty-one, nineteen hundred and forty-two and 
nineteen hundred and forty-three for the purpose of cele- 
brating in nineteen hundred and forty-four the two hundred 
and fiftieth anniversary of the incorporation of said munici- 
pality as a town. Approved April 23, 1941. 



Acts, 1941. — Chaps. 193, 194. 145 



An Act relative to the number of trustees of gushing Chav 193 

ACADEMY. 

Be it enacted, etc., as follows: 

Section seven of chapter two hundred and sixty-five of the 
acts of eighteen hundred and sixty-five is hereby amended 
by striking out, in the first line, the word "thirteen" and 
inserting in place thereof the words : — not less than ten nor 
more than twenty, — so as to read as follows : — Section 7. 
The number of trustees shall be not less than ten nor more 
than twenty, five of whom shall be a quorum for the trans- 
action of business except in the election or removal of trus- 
tees, when eight members present and voting shall be neces- 
sary; and the said Amasa Norcross is hereby authorized and 
empowered to prescribe the time and place for the holding 
of the first meeting of the said trustees and to notify them 
thereof. Approved April 23, 1941. 



An Act making further corrections in the statutes of nhnnr) 194 
the commonwealth necessitated by the change of ^' 

name of the state department, formerly known as 
the department of mental diseases, to the depart- 
ment of mental health. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter ten of the g. l. (xer. 
General Laws, as appearing in the Tercentenary Edition, amend^d.^ ^^' 
is hereby amended by striking out, in the third fine, the 
word "diseases" and inserting in place thereof the word: — 
health, — so as to read as follows: — Section 17. The state investment 
treasurer may receive the principal of any fund given or tri^u^da. 
bequeathed to the commonwealth or to the department of 
mental health for the use of insane, feeble minded or epi- 
leptic persons or those addicted to the intemperate use of 
narcotics or stimulants in any institution or placed under 
the supervision of said department; and upon its request 
he shall expend the income of all such funds, and such part 
of the principal as may be subject to the control of said 
department, in such manner as it may direct, subject to any 
condition aff"ecting the administration thereof. Said funds 
shall be invested safely by the state treasurer, and he shall 
be held responsible for the faithful management of the same 
in the same manner as for other funds held by him. 

Section 2. Chapter nineteen of the General Laws is g. l. (Xer. 
hereby amended by striking out the title, as so appearing, dfaiged. *'^^^ 
and inserting in place thereof the following title : — 

DEPARTMENT OF MENTAL HEALTH. 

Section 3. Paragraph (5) of section two of chapter g. l. (Xer. 
thirty-two of the General Laws, as appearing in section one par!'(5f,'e\c'. 

amended. 



146 



Acts, 1941. — Chap. 194. 



Retirement 
of employees 
of certain 
institutions 
and schools. 



G. L. (Ter. 
Ed.), 71, § 46, 
amended. 



Instruction, 
etc., of certain 
mentally 
retarded 
children. 



G. L. (Ter. 

Ed.), HI, 

5 70, amended. 



Certain 
hospitals to 
keep records. 

Inspection. 



of chapter four hundred and thirty-nine of the acts of nine- 
teen hundred and thirty-eight, is hereby amended by strik- 
ing out, in the second Hne, the word "diseases" and insert- 
ing in place thereof the word : — health, — so as to read as 
follows : — 

(5) Persons in the service at any institution or school in 
the department of mental health, the department of public 
health, the department of public welfare or at the state 
farm, whose employment is not subject to chapter thirty- 
one and the rules and regulations made thereunder, shall 
become members after completing one year of service, unless 
they shall sooner become members following an application 
in writing for membership. The pertinent provisions of 
paragraph (3) of this section shall apply to persons in the 
service of such institutions whose employment is subject to 
chapter thirty-one. 

Section 4. Section forty-six of chapter seventy-one of 
the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out, in the third and 
in the tweKth Hnes, the word "diseases" and inserting in 
place thereof, in each instance, the word: — health, — so as 
to read as follows : — Section 46. The school committee of 
every town shall annually ascertain, under regulations pre- 
scribed by the department and the department of mental 
health, the number of children three years or more retarded 
in mental development in attendance upon its pubhc schools, 
or of school age and resident therein. At the beginning of 
each school year, the committee of every town where there 
are ten or more such children shall establish special classes 
for their instruction according to their mental attainments, 
under regulations prescribed by the department. A child 
appearing to be mentally retarded in any less degree may, 
upon request of the superintendent of schools of the town 
where he attends school, be examined under such regula- 
tions as may be prescribed by the department and the de- 
partment of mental health. No child under the control of 
the department of public weKare or of the child welfare 
division of the institutions department of the city of Boston, 
who is three years or more retarded in mental development 
within the meaning of this section, shall, after complaint 
made by the school committee to the department of public 
welfare or said division, be placed in a town which is not 
required to maintain a special class as provided for in this 
section. 

Section 5. Section seventy of chapter one hundred and 
eleven of the General Laws, as so appearing, is hereby 
amended by striking out, in the twelfth line, the word 
"diseases" and inserting in place thereof the word: — health, 
— so as to read as follows: — Section 70. Hospitals sup- 
ported in whole or in part by contributions from the com- 
monwealth or from any town, incorporated hospitals offer- 
ing treatment to patients free of charge, and incorporated 
hospitals conducted as public charities shall keep records of 



Acts, 1941. — Chap. 194. 147 

thQ treatment of the cases under their care and the medical 
history of the same. Such records and similar records kept 
prior to April twenty-fifth, nineteen hundred and five, shall 
be in the custody of the person in charge of the hospital. 
Section ten of chapter sixty-six shall not apply to such 
records; provided, that upon proper judicial order, whether 
in connection with pending judicial proceedings or otherwise, 
or, except in the case of records of hospitals under the con- 
trol of the department of mental health, upon order of the 
head of the state department having supervision of such 
hospital, and in compliance with the terms of said order, 
such records may be inspected and copies furnished on pay- 
ment of a reasonable fee. 

Section 6. Section fifty-eight A of chapter one hun- g. l. (Ter. 
dred and nineteen of the General Laws, as so appearing, is f ssa!^^' 
hereby amended by striking out, in the fifth line, the word amended, 
"diseases" and inserting in place thereof the word: — health, 
— so as to read as follows: — Section 58 A. Prior to the Mental, etc., 
commitment, by way of final disposition to any public insti- orchudren" 
tution or to the department, of a child adjudged to be a j^''^°nJ°t'^°"'" 
delinquent child, the court shall cause such child to receive delinquents. 
thorough physical and mental examinations, under rules 
and regulations prescribed by the commissioner of mental 
health. The court shall cause copies of the reports showing 
the results of such examinations and of the investigation 
made by the probation officer to be forwarded to the super- 
intendent of the institution to which such child is committed 
or to the department, as the case may be, with the warrant 
of commitment. 

Section 7. Section twenty-two A of chapter one hun- g. l. (Ter. 
dred and twenty-three of the General Laws, as so appearing, §^22A,^^^' 
is hereby amended by striking out, in the fifteenth line, the amended. 
word "diseases" and inserting in place thereof the word: — 
health, — so as to read as follows: — Section S3 A. The spedai provi- 
department shall, subject to all provisions of law now or here- Bridgewater * 
after in effect, have the same supervision over the commit- state hospital, 
ment of insane persons to the Bridgewater state hospital as it 
has over the commitment of insane persons to other state 
hospitals under the provisions of this chapter; it shall have 
the same authority to discharge or transfer inmates of said 
Bridgewater state hospital who are not under sentence, or 
whose sentences have expired, as it has to discharge or trans- 
fer inmates of other state hospitals. In construing this sec- 
tion a maximum and minimum sentence shall be held to have 
expired at the end of the minimum term, and an indeter- 
minate sentence, at the end of the maximum period fixed by 
law. But the said Bridgewater state hospital shall remain 
under the jurisdiction of the department of correction and 
the control of the superintendent of the state farm. Nothing 
herein contained shall be construed as conferring on the 
department of mental health any authority to change or 
vary, except as herein provided, the decree or order of a court 
having competent jurisdiction. 



148 



Acts, 1941. — Chap. 194. 



G. L. (Ter. 
Ed.), 123, 
i 66A, 
amended. 



Commitment 
of feeble 
minded 
persons. 



G. L. (Ter. 
Ed.), 123, 
§89A. 
amended. 



Discharge 
from custody 
of department 
of certain 
persona. 



Section 8. Section sixty-six A of said chapter one hun- 
dred and twenty-three, as so appearing, is hereby amended 
by striking out, in the fourteenth Hne, the word "dis- 
eases" and inserting in place thereof the word: — health, — 
so as to read as follows: — Section 66 A. If an alleged feeble 
minded person is found, upon examination bj'- a physician 
quaUfied as provided by section fifty-three, to be a proper 
subject for commitment, the judge of probate for the county 
in which such person resides or is found may upon applica- 
tion commit him to the custody or supervision of the depart- 
ment; but no person shall be so committed unless the ap- 
proval of the department shall be filed with the application 
for his commitment. If he is committed to the custody or 
supervision of the department, the department shall there- 
after have power, whenever advisable, to transfer him to a 
state school for the feeble minded, or ma}^ cause an applica- 
tion to be made for his removal to a department for defective 
dehnquents, and such person may be so removed in the 
manner provided by section one hundred and sixteen. If 
the alleged feeble minded person is committed to the custody 
or supervision of the department of mental health, the said 
department may temporarily release him in the manner pro- 
vided by, and subject to, the provisions of section eighty-eight, 
or may discharge him under section eighty-nine. 

Section 9. Section eighty-nine A of said chapter one 
hundred and twenty-three, as so appearing, is hereby 
amended by striking out, in the eighth, the eighteenth and 
the nineteenth lines, the word "diseases" and inserting in 
place thereof, in each instance, the word : — health, — so 
as to read as follows: — Section 89 A. If at any time, after 
study and observation, the superintendent of a state school 
having custody of a person placed therein under section 
sixty-six A is of opinion that such person is not defective, or 
that his further detention is not required for his own or the 
pubHc welfare, he shall so report to the department, which 
may thereupon discharge such person from further care and 
custody. Any parent, guardian, relative or friend of a per- 
son committed to the custody or supervision of the depart- 
ment of mental health or to a department for defective de- 
linquents may at any time file a petition for a hearing in the 
probate court of the count}^ in which such person resided or 
was found when first committed, to establish that further 
custody or supervision is not required for the welfare of such 
person or the pubHc; and upon payment of the necessary 
travehng expenses by said petitioner, from the place where 
such person is detained to the place of hearing, and the giv- 
ing of security for the payment of necessary expenses for a 
return to such place of detention, if a return shall be ordered, 
the probate court may by order require the attendance of 
such person at said hearing. Upon filing with the department 
of mental health or with the commissioner of correction, as 
the case may be, a certified copy of said order, the depart- 
ment of mental health or the commissioner of correction shall 



Acts, 1941. — Chap. 194. 149 

authorize and direct the attendance of such person at such 
hearing in compliance with the terms of said order. Notice 
of such hearing and proceedings thereupon shall be such 
as are prescribed by the court. 

Section 10. Section eighty-nine B of said chapter one g. l. (Xer. 
hundred and twenty-three, as amended by section one of f sgii.^etc.. 
chapter two hundred and fifty-four of the acts of nineteen amended. ' 
hundred and thirty-eight, is hereby further amended by 
striking out, in the fifth and in the ninth lines, the word 
"diseases" and inserting in place thereof, in each instance, 
the word: — health, — so as to read as follows: — Section same subject. 
89 B. If, at said hearing, the contention of the petitioner order of court, 
is sustained, the probate court niay order the immediate 
discharge of such person and file a copy of such order with 
the commissioner of mental health or the commissioner of 
correction, as the case may be, and such person shall there- 
upon be discharged accordingly. If such contention is not 
sustained, such person shall be remanded to the custody or 
supervision of the department of mental health or to the 
department for defective dehnquents; provided, that, ex- 
cept in the case of an inmate of a department for defective 
dehnquents, the probate court may, in lieu of such immedi- 
ate discharge or remand, permit such person to remain in 
the custody of a relative or friend who shall give security, 
to be approved by the court, for his safe care and custody 
and for his appearance in court whenever required, until 
discharged or remanded as herein provided. 

Section 11. Section one hundred A of said chapter one g. l. (Ter. 
hundred and twenty-three, as appearing in the Tercente- f'looA^^' 
nary Edition, is hereby amended by striking out, in the amended, 
seventh and eighth hues, the words "of mental diseases, 
and the department" and inserting in place thereof the 
following : — , which, — so as to read as follows : — Sec- investigation 
Hon 100 A. Whenever a person is indicted by a grand jury coiSttion 
for a capital offense or whenever a person, who is known to "^^'^'^J^g'^eid 
have been indicted for any other offense more than once or for trial. 
to have been previously convicted of a felony, is indicted by 
a grand jury or bound over for trial in the superior court, 
the clerk of the court in which the indictment is returned, 
or the clerk of the district court or the trial justice, as the 
case may be, shall give notice to the department, which 
shall cause such person to be examined with a view to deter- 
mine his mental condition and the existence of any mental 
disease or defect which would affect his criminal responsi- 
bihty. Whenever the probation officer of such court has in 
his possession or whenever the inquiry which he is required 
to make by section eighty-five of chapter two hundred and 
seventy-six discloses facts which if known to the clerk would 
require notice as aforesaid, such probation officer shall forth- 
with communicate the same to the clerk who shall thereupon 
give such notice unless already given. The department 
shall file a report of its investigation with the clerk of the 
court in which the trial is to be held, and the report shall be 



150 



Acts, 1941. — Chap. 194. 



Commit- 
ment to 
department 
for defective 
delinquents 
or for drug 
addicts. 



accessible to the court, the probation officer thereof, the 
district attorney and to the attorney for the accused. In 
the event of failure by the clerk of a district court or the 
trial justice to give notice to the department as aforesaid, 
the same shall be given by the clerk of the superior court 
after entry of the case in said court. Upon giving the notice 
required by this section the clerk of a court or the trial 
justice shall so certify on the papers. The physician making 
such examination shall, upon certification by the depart- 
ment, receive the same fees and traveling expenses as pro- 
vided in section seventy-three for the examination of per- 
sons committed to institutions and such fees and expenses 
shall be paid in the same manner as provided in section 
seventy-four for the payment of commitment expenses. 
Any clerk of court or trial justice who wilfully neglects to 
perform any duty imposed upon him by this section shall be 
punished by a fine of not more than fifty dollars. 
G^L. (Ter. SECTION 12. Scctiou One hundred and thirteen of said 

§ lis. amended, chapter oue hundred and twenty-three, as so appearing, is 
hereby amended by striking out, in the ninth line, the word 
"diseases" and inserting in place thereof the word: — 
health, — so as to read as follows: — Section 113. At any 
time prior to the final disposition of a case in which the court 
might commit an offender to the state prison, the reforma- 
tory for women, any jail or house of correction, the Massa- 
chusetts reformatory, the state farm, the industrial school 
for boys, the industrial school for girls, the Lyman school, 
any county training school, or to the custody of the depart- 
ment of pubhc weKare, for any offense not punishable by 
death or imprisonment for life, a district attorney, proba- 
tion officer or officer of the department of correction, public 
welfare or mental health may file in court an appfication 
for the commitment of the defendant in such a case to a 
department for defective dehnquents estabhshed under 
sections one hundred and seventeen and one hundred and 
twenty-four, or to a department for the care and treatment 
of drug addicts, established by the governor and council 
under authority of said sections. On the fifing of such an 
application the court may continue the original case from 
time to time to await disposition thereof. If, on a hearing 
on an application for commitment as a defective delinquent, 
the court finds the defendant to be mentally defective and, 
after examination into his record, character and personality, 
that he has shown himseK to be an habitual delinquent or 
shows tendencies towards becoming such and that such de- 
linquency is or may become a menace to the public, and 
that he is not a proper subject for the schools for the feeble 
minded or for commitment as an insane person, the court 
shall make and record a finding to the effect that the defend- 
ant is a defective delinquent and may commit him to such 
a department for defective delinquents according to his age 
and sex, as hereinafter provided. If, on a hearing on an 
appfication for commitment as a drug addict, it appears 



Acts, 1941. — Chap. 194. 151 

that the defendant is addicted to the intemperate use of 
stimulants or narcotics, the court may commit him to a 
department for the care and treatment of drug addicts if 
and when such a department is provided. 

Section 13. Section six of chapter two hundred and one g. l. (Xer. 
of the General Laws, as so appearing, is hereby amended by fe.^kmended. 
striking out, in the third hne, the word "diseases" and in- 
serting in place thereof the word : — health, — and by strik- 
ing out, in the fifth line, the words "the following section" 
and inserting in place thereof the words : — section seven, 
— so as to read as follows : — Section 6. Two or more rela- Appointment 
tives or friends of an insane person, or the mayor and alder- % f"s"ne^'* 
men of a city or the selectmen of a town in which he is an person. 
inhabitant or resident, or the department of mental health, 
may file a petition in the probate court asking to have a 
guardian appointed for him; and if after notice as provided 
in section seven and a hearing the court finds that he is in- 
capable of taking care of himself, it shall appoint a guardian 
of his person and estate. A copy of such appointment shall 
be sent by mail by the register to the said department. The 
court may require additional medical testimony as to the 
mental condition of the person alleged to be insane and 
may require him to submit to examination. It may also 
appoint one or more physicians, expert in insanity, to exam- 
ine such person and report their conclusions to the court. 
Reasonable expense incurred in such examination shall be 
paid out of the estate of such person or by the county as 
may be determined by the court. 

Section 14. Section seven of said chapter two hundred g- l. (Ter. 
and one, as so appearing, is hereby amended by striking out, § 7', kmended. 
in the fourth Hne, the word "diseases" and inserting in place 
thereof the word : — health, — so as to read as follows : — 
Section 7. Upon such petition the court shall cause not Notice. 
less than seven days' notice of the time and place appointed 
for the hearing to be given to the alleged insane person, to 
the department of mental health, and, if the alleged insane 
person is entitled to any benefit, estate or income paid or 
payable by or through the United States veterans' bureau 
or its successor, to said bureau or its successor, except that 
the court may, for cause shown, direct that a shorter notice 
be given. No appointment shall be made without such 
notice to the heirs apparent or presumptive of the alleged 
insane person, including the husband or wife, if any, as the 
court may order. In the matter of said petition and all 
subsequent proceedings relating thereto said bureau or its 
successor shall be deemed to be a party in interest if the 
alleged insane person is so entitled. 

Section 15. Section thirteen of said chapter two hun- g. l. (Ter. 
dred and one, as amended by section one of chapter two Fis'efc^' 
hundred and four of the acts of nineteen hundred and amended.' 
thirty-four, is hereby further amended by striking out, in 
the fifth line, the word "diseases", and inserting in place 
thereof the word: — health, — so as to read as follows: — 



152 



Acts, 1941. — Chap. 194. 



Termination 
of guardian- 
ship. 



G. L. (Ter. 

Ed.), 201. 

i 14, amended. 



Appointment, 
etc., of 
temporary 
guardians. 



G. L. (Ter. 

Ed.), 202, 

§ 12, amended. 



Licen.se of 
guardian to 
sell real estate. 



G. L. (Ter. 
Ed.), 206, 
§ 7, amended. 



Notice before 
allowance of 
guardian's 
account. 



Section 13. The guardian of an insane person or spend- 
thrift may be discharged by the probate court, upon the 
appHcation of the ward or otherwise, when it appears that 
the guardianship is no longer necessary; except that in the 
case of an insane person seven days' notice of the petition 
shall be given to the department of mental health. In the 
event of the death, resignation or removal of the guardian 
of an insane person, the court, on the application of the 
former ward and after notice to his heirs apparent or pre- 
sumptive, including the husband or wife, if any, and to the 
said department, may certify that the said ward is dis- 
charged by operation of law and, if it so appears, that 
guardianship of said ward is no longer necessary. 

Section 16. Section fourteen of said chapter two hun- 
dred and one, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in the second line, the 
word "diseases" and inserting in place thereof the word: — 
health, — so as to read as ioWows: — Section 14- Upon 
petition of a mayor or the selectmen, the board of public 
weKare, the department of mental health, or other person 
in interest, the court may, if it finds that the welfare of a 
minor, insane person or spendthrift requires the immediate 
appointment of a temporary guardian of his person and 
estate, appoint a temporary guardian of such minor, insane 
person or spendthrift, with or without notice, and may in 
like manner remove or discharge him or terminate the trust. 
A temporary guardian may proceed and continue in the 
execution of his duties, notwithstanding an appeal from the 
decree appointing him, until it is otherwise ordered by the 
supreme judicial court, or until the appointment of a per- 
manent guardian, or until the trust is otherwise legally 
terminated. 

Section 17. Section twelve of chapter two hundred and 
two of the General Laws, as so appearing, is hereby amended 
by striking out, in the sixth line, the word "diseases" and 
inserting in place thereof the word : — health, — so as to 
read as follows: — Section 12. No hcense to sell real estate 
shall be granted to the guardian of a spendthrift who resides 
in the commonwealth, or of an insane person, unless seven 
days' notice of the petition therefor has been given to the 
board of public welfare of the town w^here the spendthrift 
resides, or, in the case of an insane person, to the depart- 
ment of mental health. Such notice may be served upon 
any member of said board or department. 

Section 18. Section seven of chapter two hundred and 
six of the General Laws, as so appearing, is hereby amended 
by striking out, in the third line, the word "diseases" and 
inserting in place thereof the word: — health, — so as to 
read as follows : — Section 7. No final account or discharge 
of a guardian of an insane person shall be allowed unless at 
least seven days' notice has been given to the department of 
mental health. No account of a guardian of an insane person 
or of a conservator shall be allowed without such notice as 



Acts, 1941. — Chap. 194. 153 

the court may order to the United States veterans' bureau 
or its successor if the ward is entitled to any benefit, estate 
or income paid or payable by or through said bureau or its 
successor. 

Section 18A. Section five of chapter two hundred and 9\\- ^'^f- 
seven of the General Laws, as so appearing, is hereby § 5, kmen'ded. 
amended by striking out, in the third line, the word "dis- 
eases" and inserting in place thereof the word: — health, 

— so as to read as follows : — Section 5. An insane person, Marriage, etc., 
an idiot, or a feeble-minded person under commitment to an pgrTons^ 
institution for the feeble-minded, to the custody or super- prohibited. 
vision of the department of mental health, or to an institu- 
tion for mental defectives, shall be incapable of contracting 
marriage. The validity of a marriage shall not be questioned 

by reason of the insanity, idiocy or of the feeble-mindedness 
aforesaid of either party in the trial of a collateral issue, but 
shall be raised only in a process instituted in the lifetime of 
both parties to test such validity. 

Section 19. Section thirty of chapter two hundred and Ss^iT|'"- 
eighteen of the General Laws, as so appearing, is hereby § 30,' amended, 
amended by striking out, in the tenth line, the word "dis- 
eases" and inserting in place thereof the word: — health, 

— so as to read as follows: — Section 30. They shall com- Binding over 
mit or bind over for trial in the superior court persons brought |.our't^®"°'' 
before them who appear to be guilty of crimes not within 

their final jurisdiction, and may so commit or bind over 
persons brought before them who appear to be guilty of 
crimes within their final jurisdiction. In such cases the clerk 
of the district court shall forthwith transmit to the clerk of 
the superior court a copy of the complaint and of the record, 
the original recognizances, a list of the witnesses, a statement 
of the expenses and the appearance of the attorney for the 
defendant^ if any is entered, and the report of the department 
of mental health as to the mental condition of the defendant, 
if such report has been filed under the provisions of section 
one hundred A of chapter one hundred and twenty-three, 
and no other papers need be transmitted. If such a person 
is committed for failure to recognize as ordered, the superior 
court shall thereupon have jurisdiction of the case against 
such person for the purpose of revising the amount of bail 
theretofore fixed. 

Section 20. Section one of chapter four hundred and 
twenty-one of the acts of nineteen hundred and thirty-five 
is hereby amended by striking out, in the fifth and in the 
eighth lines, the word "diseases" and inserting in place 
thereof, in each instance, the word: — health, — so as to 
read as follows: — Section 1. As soon as funds become 
available for the construction of a state hospital for the 
criminal insane, the commissioner of correction is hereby 
authorized, with the approval of the governor and council, 
to transfer to the department of mental health the control of 
so much of the land now occupied by the state prison colony 
at Norfolk as, in the opinion of the commissioner of correc- 



154 Acts, 1941. — Chaps. 195, 196. 

tion, the commissioner of mental health and the chairman of 
the commission on administration and finance, may be neces- 
sary for such a state hospital. 

Section 21. Section two of said chapter four hundred 
and twenty-one is hereby amended by striking out, in the 
second line, the word "diseases" and inserting in place 
thereof the word: — health, — so as to read as follows: — 
Section 2. Upon the transfer to the department of mental 
health of the control of any land under section one there shall 
be constructed thereon a state hospital for the criminal in- 
sane, to be known as the Norfolk state hospital, and any 
funds received from the federal government may be used 
for such construction. Upon receipt of notification from 
said department that said state hospital is ready for the re- 
ception of patients, the governor shall issue his proclamation 
establishing said hospital and fixing a time for the opening 
thereof for use as a state hospital for the criminal insane. 
Thereupon said hospital shall be subject to all provisions of 
law applicable to state hospitals for the criminal insane, 
under the control of said department. As soon as may be 
after the time fixed by such proclamation, all insane criminals 
then confined at the Bridgewater state hospital shall be 
transferred to said Norfolk state hospital or to some other 
state hospital under the control of said department. 

Approved April 23, 1941. 

Chap.lQ5 An Act providing that certain employees in the clas- 
sified PUBLIC SERVICE SHALL NOT BE SUBJECT TO A PRO- 
BATIONARY PERIOD. 

■ Be it enacted, etc., as follows: 

EdV' 31^^' Chapter thirty-one of the General Laws is hereby amended 

new section by inserting after section forty-seven, as appearing in the 

47A. added. Tercentenary Edition, the following new section: — Section 

period^'a°ppU^ 4'^ A. Whenever any city or town accepts any provisions 

cation limited, of this chapter, any person then employed by such city or 

town, whose position or employment is thereby placed in the 

classified public service, shall be deemed to hold office or 

employment in such service without being subject to any 

probationary period; provided, that such person has been 

employed in that position or employment by such city or town 

for a period of at least two years next preceding the date of 

such acceptance. Approved April 23, 1941- 

C/iai).196 -^N ^CT PROVIDING THAT INMATES OF THE TEWKSBURY STATE 
HOSPITAL AND INFIRMARY MAY BE REQUIRED TO PERFORM 
LABOR.' 

Be it enacted, etc., as follows: 

EdV n7^' Section twenty-one of chapter one hundred and seventeen 

§ 21,' amended, of the General Laws, as appearing in the Tercentenary 

Edition, is hereby amended by inserting after the word 



Acts, 1941. — Chaps. 197, 198. 155 

"town" in the first line the words: — or in the Tewksbury 
state hospital and infirmary, — so as to read as follows: — 
Section 21 . A person receiving aid in an infirmary of a Persons to 
town or in the Tewksbury state hospital and infirmary may tewksbury 
be required by the officer in charge thereof to perform such state hospital. 
labor as the official physician shall certify is suitable for him. 

Approved April 23, 1941. 



An Act further extending the time during which the Chap. 197 

CITIES OF LYNN, PEABODY, SALEM AND BEVERLY AND THE 
TOWN OF DANVERS MAY TAKE WATER FROM THE IPSWICH 
RIVER FOR EMERGENCY PURPOSES. 

Be it enacted, etc., as follows: 

Chapter one hundred and fifteen of the Special Acts of 
nineteen hundred and nineteen is hereby amended by strik- 
ing out section one, as most recently amended by chapter 
eighty-eight of the acts of nineteen hundred and thirty- 
seven, and inserting in place thereof the following section : — 
Section 1. The cities of Lynn, Peabody, Salem and Beverly 
and the town of Danvers, authorized to take water from 
the Ipswich river or its tributaries during the months from 
December to May, inclusive, under the provisions of chapter 
five hundred and eight of the acts of nineteen hundred and 
one and chapters six hundred and ninety-eight, six hundred 
and ninety-nine and seven hundred of the acts of nineteen 
hundred and thirteen, are hereby authorized, in case of 
emergency, to take water from said river or its tributaries 
during the months from June to November, inclusive, in 
quantities not exceeding those which, under said acts, may 
be taken from December to May, inclusive, whenever, in the 
opinion of the department of public health, the taking of 
water during the months from June to November, inclusive, 
is necessary to provide an adequate water supply for the 
cities and town herein mentioned. All takings of water 
under authority hereof shall be subject to said acts, as 
amended hereby. Approved April 23, 1941. 



An Act extending the right of appeal to boards of Chav.\9^ 

APPEALS UNDER MUNICIPAL ZONING LAWS, SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. Section thirty of chapter forty of the Gen- g. l. (Ter. 
eral Laws, as amended by sections one and two of chapter § 30,* etc., 
three hundred and eighty-eight of the acts of nineteen hun- amended. 
dred and thirty-five, is hereby further amended by strik- 
ing out the paragraph contained in the fifty-fourth to the 
sixtieth lines, as appearing in section one of chapter two 
hundred and sixty-nine of the acts of nineteen hundred and 
thirty-three, and inserting in place thereof the two following 
paragraphs : — 



156 



Acts, 1941. — Chap. 199. 



Repeal and 
modification 
of ordinances 
or by-laws. 



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



Hearings. 



Certain 
existing 
ordinances 
not affected. 



Such ordinances or by-laws may provide that, in addition 
to appeals provided for under the foregoing provisions of 
this section, appeals may be taken to the board of appeals 
by any officer or board of the city or town, or by any person 
aggrieved by any order or decision of the inspector of build- 
ings or other administrative official in violation of any pro- 
vision of sections twenty-five to thirty A, inclusive, or any 
ordinance or by-law adopted thereunder, and may prescribe 
a reasonable time within which appeals under this paragraph 
and the preceding paragraph may be taken. 

Any such appeal shall be taken within the time prescribed 
by ordinance or by-law in case the time for appeal is so 
prescribed, otherwise within a reasonable time provided by 
rule of the board of appeals, by fifing with the officer or board 
from wliose order or decision the appeal is taken and with 
the board of appeals a notice of appeal specifying the grounds 
thereof; provided, that, in any town whose by-laws so pro- 
vide, such notice of appeal shall be filed with the town 
clerk, who shall forthwith transmit copies thereof to such 
officer or board and to the members of the board of appeals. 
Such officer or board shall forthwith transmit to the board 
of appeals all documents and papers constituting the record 
of the case in which the appeal was taken. 

Section 2. Said section thirty, as so amended, is hereby 
further amended by striking out clause (1), contained in the 
seventy-second to the seventy-sixth lines, as so appearing, 
and inserting in place thereof the following clause : — 

(1) To hear and decide appeals taken as provided in this 
section or in an ordinance or by-law authorized under this 
section. 

Section 3. Ordinances and by-laws purportedly in effect 
on the effective date of this act, in so far as they are in con- 
formity with said section thirty, as amended by this act, 
shall, from and after said effective date, be in full force and 
effect without being readopted. 

Approved April 23, 1941. 



Chap. 199 An Act relative to the furnishing of certain forms 

UNDER THE LAW RELATIVE TO ALCOHOLIC BEVERAGES. 



G. L. (Ter. 
Ed.), 138. 
§ 38, etc., 
amended. 



Be it enacted, etc., as follows: 

Section thirty-eight of chapter one hundred and thirty- 
eight of the General Laws, inserted by section two of chap- 
ter three hundred and seventy-six of the acts of nineteen 
hundred and thirty-three, is hereby amended by striking 
out, in the first fine, the words "state secretary" and insert- 
ing in place thereof the word : — commission, — and by strik- 
ing out,. in the third line, the words "the preceding section" 
and inserting in place thereof the words: — section thirty- 
seven, — so as to read as follows: — Section 38. The com- 
b'y^commi'^^'^ mission shall provide and cause officers to be supplied with 
sion. a suitable number of the forms prescribed by section thirty- 



Certain forms 



Acts, 1941. — Chaps. 200, 201, 202. 157 

seven. The certificate of the department of public health, 
given substantially in the form hereinbefore set forth, shall 
be admitted as evidence on trials for the forfeiture of alco- 
holic beverages as to the composition and quality of the bev- 
erages to which it relates. Approved April 23, 1941. 

An Act granting certain additional powers to the (Jj^fj^jj 200 

HENRY O. PEABODY SCHOOL FOR GIRLS. 

Be it enacted, etc., as follows: 

Henry 0. Peabody School for Girls, incorporated on April 
twenty-second, nineteen hundred and eight, under the 
provisions of chapter one hundred and twenty-five of the 
Revised Laws, is hereby authorized, in addition to its pres- 
ent powers, to act as trustee under the fourth clause of the' 
will of Henry O. Peabody, late of Boston, Massachusetts, 
probate docket number one hundred and twenty-four thou- 
sand, four hundred and eighty-four, and to carry out the 
decrees of the probate court with respect thereto. 

Approved April 23, 1941. 

An Act penalizing the unlawful possession, handling (Jfidj) 201 
OR consumption of certain liquids and articles by 
inmates of the tewksbury state hospital and 
infirmary, 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-two of the General Sj^lJl""- 
Laws is hereby amended by inserting after section twenty, new section 
as appearing in the Tercentenary Edition, the following new ^^^' a^dded. 
section: — Section 20 A. Any inmate of said institution unlawful 
who has in his possession, withir^ or outside the precincts et°cTof Xugs, 
thereof, any liquid or other article with intent to consume etc.! by in- 
the same as an inebriant, or to convey, give, sell or deliver Tewkesbury 
the same to any other inmate thereof for such consumption, ^^^^^ hospital. 
shall be punished by a fine of not more than fifty dollars 
or by imprisonment in a jail or house of correction for not 
more than six months. This section shall not apply to the 
possession, handling or consumption of any such liquid or 
article under lawful direction of a physician. 

Approved April 23, 1941. 



An Act relative to the submission to the voters of 
the city of gardner, the question of approving or 

disapproving ORDERS AUTHORIZING THE ISSUE OF BONDS, 
NOTES OR CERTIFICATES OF INDEBTEDNESS FOR CERTAIN 
PURPOSES. 

Be it enacted, etc., as follows: 

Section L The question of the acceptance of section 
eight A of chapter forty-four of the General Laws, inserted 
by section one of chapter one hundred and eight of the acts 



Chap.202 



158 Acts, 1941. — Chap. 203. 

of nineteen hundred and thirty-nine, shall be submitted to 
the registered voters of the city of Gardner at the municipal 
election to be held in said city in the current year, in the 
form of the following question, which shall be placed upon 
the official ballot to be used at such municipal election : — 
"Shall section 8A of chapter 44 of the General Laws, rela- 
tive to submitting to the voters of certain cities the question 
of approving or disapproving orders authorizing the issue 
of bonds, notes, or certificates of indebtedness for certain 
purposes, be accepted?" If a majority of the voters of the 
city of Gardner voting on the question votes in the affirma- 
tive, said section eight A shall thereupon take full effect 
with respect to said city, but not otherwise. 

Section 2. Notwithstanding the failure of the city of 
Gardner to comply with the requirements of section two of 
chapter one hundred and eight of the acts of nineteen hun- 
dred and thirty-nine, said city may, from the date of the 
passage of this act and up to and including November third 
in the current year, pass and adopt, in accordance with the 
provisions of its charter, orders authorizing the issue of 
bonds, notes or certificates of indebtedness for any purpose 
specified in any applicable clause of section seven of chapter 
forty-four of the General Laws, other than clause (11), or 
specified in clause (3), (4), (5), (6), (7), (8), (10) or (12) 
of section eight of said chapter forty-four. 

Section 3. All laws, general or special, relating to the 
city of Gardner in force at the time when this act takes full 
effect, insofar as the same are inconsistent herewith, are 
hereby repealed. Approved April 33, 1941 



Chap. 203 An Act relative to the removal of motor vehicle 

TORT CASES, SO CALLED, FROM DISTRICT COURTS TO THE 
SUPERIOR COURT. 

Be it enacted, etc., as follows: 

G-L. (Ter. Section 1. Sectiou ouc hundred and two A of chapter 

$ 162A, etc., two hundred and thirty-one of the General Laws, as most 
amended. recently amended by section one of chapter three hundred 

and thirty-eight of the acts of nineteen hundred and thirty- 
eight, is hereby further amended by striking out, in the 
ninth line, the word "four" and inserting in place thereof 
the word : — six, — so that the first paragraph will read as 
Removal of f ollows : — A party bringing in a district court an action of 
broughAn'°"^ ^ort arising out of the operation of a motor vehicle shall 
di.strict courts, thereby be deemed to have waived a trial by jury and any 
right of appeal to the superior court, unless said action is 
removed to the superior court as provided in this section, but 
in case such action is so removed by any other party the 
plaintiff shall have the same right to claim a jury trial as if 
the action had been originally brought in the superior court. 
Not more than six days after the entry of such an action in a 
district court, or at any time thereafter by leave of such court 



Acts, 1941.— Chap. 204. 159 

if it finds that there is another action pending in the superior 
court with which such action should be consoHdated for 
trial, the plaintiff may file in the district court a claim of 
trial by the superior court, with or without jury, and an 
affidavit by his counsel of record, if any, and if none, the 
affidavit of such party, that in his opinion there is an issue 
of fact or law requiring trial in the cause and that such trial 
is in good faith intended, together with the sum of three 
dollars for the entry of the cause in the superior court. The 
clerk shall forthwith transmit the papers in the cause and 
said entry fee to the clerk of the superior court, and the case 
shall proceed as though originally entered there. 

Section 2. Said section one hundred and two A of EjV^Jr' 
said chapter two hundred and thirty-one, as so amended, i io2\, etc.. 
is hereby further amended by inserting after the word amended, 
"thereto" in the twenty-eighth line the words: — ; pro- 
vided, that the provisions of section one hundred and four 
requiring the filing of a bond shall not apply to such action 
if the payment of any judgment for costs which may be 
entered against the defendant is secured, in whole or in part, 
by a motor vehicle liability bond or policy, or a deposit as 
provided in section thirty-four D of chapter ninety, — so 
that the second paragraph will read as follows : — 

No other party to such action shall be entitled to an Same subject, 
appeal. In lieu thereof, any such other party may remove 
such action to the superior court and the pertinent provi- 
sions of sections one hundred and four to one hundred and 
ten, inclusive, shall apply thereto; provided, that the pro- 
visions of section one hundred and four requiring the filing 
of a bond shall not apply to such action if the payment of 
any judgment for costs which may be entered against the 
defendant is secured, in whole or in part, by a motor vehicle 
liability bond or policy, or a deposit as provided in section 
thirty-four D of chapter ninety. If a trial by jury is claimed 
by any party such action may be marked for trial upon the 
list of causes advanced for speedy trial by jury. 

Section 3. This act shall take effect on September first Effective 
in the current year. Approved April 23, lOJ^l. 



An Act to authorize the placing of the office of city Cfiaj) 204 

ENGINEER OF THE CITY OF HOLYOKE UNDER THE CIVIL 
SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of city engineer of the city of 
Holyoke shall, upon the effective date of this act, become 
subject to the civil service laws, rules and regulations, and 
the tenure of office of any incumbent thereof shall be un- 
limited, subject, however, to said laws, but the person hold- 
ing said office on said effective date shall continue to serve 
therein only until the expiration of his term of office unless 
prior thereto he passes a non-competitive qualifying exam- 



160 Acts, 1941. — Chaps. 205, 206, 207. 

ination to which he shall be subjected by the division of 
civil service. 

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

Approved April 24, 1941. 



Chap. 20b An Act relative to the insertion of certain articles 
IN warrants for town meetings in the town of 

MANSFIELD. 

Be it enacted, etc., as follows: 

Chapter five hundred and eighty-six of the acts of nine- 
teen hundred and twenty is hereby amended by inserting 
after section thirty-six, under the caption ^'Amendment of 
this Act", the following new section: — Section 86 A. Not- 
withstanding any provision of law to the contrar}^, no article 
containing any proposed amendment of this act shall be 
inserted by the selectmen in the warrant for any annual or 
special town meeting, unless the insertion of such article 
shall be requested in writing by not less than fifteen per 
cent of the total number of registered voters of the town. 

Approved April 24, 1941' 



Chap. 206 An Act empowering the united states post office in- 
spection SERVICE MUTUAL BENEFIT ASSOCIATION, INC. 
to AUTHORIZE ITS MEMBERS TO USE PROXIES IN VOTING. 

Be it enacted, etc., as follows: 

United States Post Office Inspection Service Mutual 
Benefit Association, Inc., a Massachusetts fraternal benefit 
society organized under general law, may, by its constitu- 
tion and by-laws, or either, authorize its members to use 
proxies in voting and determine the mode of such voting. 

Approved April 24, 1941- 



Chap. 207 An Act relative to the use of certain park land in 

THE TOWN OF WINCHESTER. 

Be it enacted, etc., as follows: 

The town of Winchester is hereby authorized by vote at 
any town meeting held within two years after the passage 
of this act to discontinue the use for park purposes of a tract 
of land within the town, containing about fifteen acres, 
situate in part under the waters of and in part adjacent to 
Judkins pond, so called, and thereafter to use and maintain 
said land as a public playground or recreation center under 
the provisions of section fourteen of chapter forty-five of 
the General Laws and to adopt by-laws and authorize the 
board, committee or commission having care or control of 
said land or authorized by said town to exercise any of the 
powers conferred by said section fourteen to make rules for 



Acts, 1941. — Chaps. 208, 209. 161 

the use and government of the same. Said land is more 
particularly described as follows : — 

Beginning at the northwesterly corner of said tract at the 
easterly hne of the location of the Boston and Maine rail- 
road, the line runs southeasterly in two courses, one hun- 
dred and eighty-three feet and two hundred and eight feet 
to the easterly line of Holland street, thence northerly by 
said easterly line of Holland street forty-seven feet, thence 
southeasterly one hundred and eighty-seven feet to the west- 
erly line of Nelson street, thence southerly by said westerly 
line of Nelson street one hundred and thirteen feet, thence 
southeasterly by the southwesterly line of Nelson street one 
hundred and forty-four feet, thence southwesterly in two 
courses by the fence as it now stands five hundred and 
ninety feet and forty-seven feet to the shore of Judkins 
pond, thence southerly and southwesterly by the shore of 
said pond four hundred feet, thence westerly across the pond 
one hundred and twenty feet to the northeasterly corner 
of land of Thomas E. McCormack, thence still westerly by 
said land of McCormack and land of EHzabeth Fitzger- 
ald one hundred and seventy-seven feet, thence southerly 
ninety-four feet, and westerly fifty-two feet by said land of 
Fitzgerald to said" easterly line of the Boston and Maine 
railroad location, thence northeasterly by said line of said 
location one thousand three hundred and sixty-three feet 
to the point of beginning, all of said measurements being 
more or less. Approved April S4i 1941- 



An Act relative to the inspection and supervision of Chap. 20S 

ELECTRICAL WIRING WITHIN BUILDINGS AND STRUCTURES 
IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Any provision of general or special law to the contrary 
notwithstanding, the city of Cambridge may by ordinance 
provide that the inspection and supervision of electrical 
wiring within buildings and structures in said city shall be 
placed under the supervision and control of the building 
department of said city. Approved April 2^, 1941- 



An Act to clarify the law with respect to records of (7/iap.209 

ABATEMENT OF LOCAL TAXES. 

Be it enacted, etc., as follows: 

Chapter fifty-nine of the General Laws is hereby amended Edo.M.Teo. 
by striking out section sixty, as appearing in the Tercente- amended. 
nary Edition, and inserting in place thereof the following new 
section : — Section 60. Every board of assessors shall record abat°ements. 
all abatements of taxes. The record of abatement of the 
whole or any part of any tax shall be signed by a majority 
of the board and shall show plainly the following details: 



162 Acts, 1941. — Chap. 210. 

First, The name or title in which the tax stands assessed. 

Second, The year in which the tax was assessed. 

Third, The total amount of the tax. 

Fourth, The date when the abatement was made. 

Fifth, The sum abated on poll tax. 

Sixth, The sum abated on personal estate. 

Seventh, The sum abated on real estate. 

Eighth, The total sum abated. 

Ninth, In case of an abatement to put into effect a statu- 
tory exemption, exact reference to the statutory provision 
under which the exemption is granted. 

The assessors shall forthwith upon making an abatement 
furnish the tax collector with a copy thereof. 

The records which boards of assessors are required to 
keep pursuant to this section shall be kept, in the order in 
which such abatements of taxes are granted, in a book or 
set of books provided for the purpose and in such form as 
the commissioner may prescribe. Such book or books, or 
copies thereof, shall be open to public inspection at reason- 
able times pursuant to such regulations as the commissioner 
may prescribe. Every board of assessors shall at the request 
of any person furnish one or more copies of any record re- 
quired by this section to be kept, upon the payment in 
advance of a fee approximating the cost of such copy or 
copies determined in accordance with rules prescribed by 
the commissioner. 

Applications for abatement under this chapter shall, 
except in proceedings before the county commissioners, the 
appellate tax board or a court of the commonwealth, be 
open only to the inspection of the assessors, the commis- 
sioner, the deputies, clerks and assistants of either the 
assessors or the commissioner and such other officials of the 
commonwealth or of its political subdivisions as may have 
occasion to inspect such applications in the performance of 
their official duties. Approved April 24, 1941. 



Chap. 210 An Act making an additional appropriation for ex- 
penditure BY THE governor's COMMITTEE ON PUBLIC 
SAFETY FOR CLERICAL AND OTHER SERVICES AND EX- 
PENSES. 

Be it enacted, etc., as follows: 

Section 1. A further sum of ten thousand dollars for 
the purposes set forth in and to be expended in accordance 
with the provisions of chapter thirty-three of the acts of 
the current year is hereby appropriated from the general 
fund or revenue of the commonwealth, in advance of final 
action on the general appropriation bill, pursuant to a recom- 
mendation of the governor to that effect in a message dated 
March twenty-fourth, nineteen hundred and forty-one. 

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

Approved April 25, 1941' 



Acts, 1941. — Chaps. 211, 212, 213. 163 



An Act relative to the remedies of a city or town (^/j^r> 211 

COLLECTOR, IN COLLECTING ACCOUNTS DUE TO HIS CITY 
OR TOWN. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended EdVii"*'' 
by striking out section thirty-eight A, as amended by chap- § 38A. etc.. 
ter two hundred and one of the acts of nineteen hundred ^^i^''^^^^- 
and thirty-six, and inserting in place thereof the following 
section: — Section 38 A. A city or town may by ordinance Collection 
or by-law, notwithstanding any other provision of law, ^ *'" ^''*"'" 
general or special, provide that the collector of taxes shall 
collect, under the title of city or town collector, all accounts 
due the city or town, and may in like manner define his 
powers and duties in relation to the collection of such 
accounts. Such a collector shall in the collection of such 
accounts have all the remedies provided by sections thirty- 
five, thirty-six and ninety-three of chapter sixty for the 
collection of taxes on personal estate. This section shall 
not apply to the collection of interest on investments of 
sinking or trust funds. All bills for accounts due the city 
or town shall state that all checks, drafts or money orders 
shall be made payable to or to the order of the city or town 
and not to or to the order of any officer, board or commis- 
sion. Approved April 25, 1941- 



An Act to change the name of the franklin union to Chap. 212 

THAT OF the FRANKLIN TECHNICAL INSTITUTE. 

Be it enacted, etc., as follows: 

Section 1. The institution known as the Franklin Union 
shall hereafter be known as the Franklin Technical Institute. 
Section 2. This act shall take effect upon its passage. 

Approved April 25, 1941. 



An Act relative to the re-employment of katherine Cfidj) 213 

I. LALLY BY THE CLERK OF THE SUPERIOR COURT FOR CIVIL 
BUSINESS IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Katherine I. Lally, who was employed in the 
office of the clerk of the superior court for civil business in 
the county of Suffolk from nineteen hundred and ten until 
her retirement on March first, nineteen hundred and thirty- 
eight, may be re-employed by said clerk within the current 
year, and if she is so re-employed and shall thereupon pay 
into the annuity savings fund of the Boston retirement sys- 
tem a sum equal to the amount she would have paid had she 
continued in employment in said office, her former retirement 
shall be cancelled and, if and when finally retired, she shall 



164 Acts, 1941. — Chaps. 214, 215. 

be entitled to the retirement allowance to which she would 
have been entitled had her service been continuous. 

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

Approved April 25, 1941. 

Chap.214^ An Act relative to the re-employment of mary t. 

KENNEALEY BY THE CLERK OF THE SUPERIOR COURT FOR 
CIVIL BUSINESS IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Mary T. Kennealey, who was employed in 
the office of the clerk of the superior court for civil business 
in the county of Suffolk from nineteen hundred and twelve 
until her retirement on September first, nineteen hundred 
and thirty-eight, may be re-employed by said clerk within 
the current year, and if she is so re-employed and shall 
thereupon pay into the annuity savings fund of the Boston 
retirement system a sum equal to the amount she would 
have paid had she continued in employment in said office, 
her former retirement shall be cancelled and, if and when 
finally retired, she shall be entitled to the retirement allow- 
ance to which she would have been entitled had her service 
been continuous. 

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

Approved April 25, 1941. 

Chap. 215 An Act relative to instruments payable to the order 

OF fictitious payees. 

Be it enacted, etc., as follows: 

G- L. (Ter. Sectiou thirty-oue of chapter one hundred and seven of 

§31,' amended, the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out paragraph 3 and 
inserting in place thereof the following paragraph : — 
3. When it is payable to the order of a fictitious or non- 
existing person, or of a living person not intended to have 
any interest in it, and such fact was known to the person 
making it so payable, or known to his employee or other 
agent who supplies the name of such payee; or, — so as to 

Instruments read as f ollows : — Section SI . The instrument is payable 

Crtr!''° to bearer: 

1. When it is expressed to be so payable; or 

2. When it is payable to a person named therein or 
bearer; or 

3. When it is payable to the order of a fictitious or non- 
existing person, or of a living person not intended to have 
any interest in it, and such fact was known to the person 
making it so payable, or known to his employee or other 
agent who supplies the name of such payee; or 

4. When the name of the payee does not purport to be 
the name of any person; or 

5. When the only or last endorsement is an endorsement 
in blank. Approved April 26, 1941. 



Acts, 1941. — Chap. 216. 165 



An Act making certain changes in the laws relative QJid'r) 216 
TO insane persons. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-nine of chapter one hundred E^^m"^' 
and twenty-three of the General Laws, as most recently § 79,' etc.,' 
amended by section seven of chapter five hundred of the ^""^^ ® ' 
acts of nineteen hundred and thirty-nine, is hereby amended 
by inserting after the word "eighty-six", in the thirty-first 
line, the following new sentence : — The officers mentioned 
in section ninety-five or any member of the state police may 
transport the patient, or cause him to be transported, to the 
institution, — so as to read as follows: — Section 79. The Temporary 
superintendent or manager of any institution for the insane persons!"^^"^ 
may, when requested by a physician, member of the board of 
health, sheriff, deputy sheriff, member of the state police, 
selectman, police officer of a town, or by an agent of the 
institutions department of Boston, receive and care for in 
such institution as a patient, for a period not exceeding ten 
dsLjs, any person deemed by such superintendent or manager 
to be in need of immediate care and treatment because of 
mental derangement other than drunkenness. Such request 
for admission of a patient shall be put in writing and be filed 
at the institution at the time of his reception, or within 
twenty-four hours thereafter, together with a statement 
in a form prescribed or approved by the department, giving 
such information as it deems appropriate. Any such patient 
deemed by the superintendent or manager not suitable for 
such care shall, upon the request of the superintendent or 
manager, be removed forthwith from the institution by the 
person requesting his reception, and, if he is not so removed, 
such person shall be liable to the commonwealth or to the 
person maintaining the private institution, as the case may 
be, for all reasonable expenses incurred under this section 
on account of the patient, which may be recovered in con- 
tract by the state treasurer or by such person, as the case 
may be. The superintendent or manager shall either cause 
every such patient to be examined by two physicians, quali- 
fied as provided in section fifty-three, and cause application 
to be made for his admission or commitment to such insti- 
tution, or cause him to be removed therefrom before the 
expiration of said period of ten days, unless he signs a request 
to remain therein under section eighty-six. The officers 
mentioned in section ninety-five or any member of the state 
police may transport the patient, or cause him to be trans- 
ported, to the institution. Reasonable expenses incurred for 
the examination of the patient and his transportation to the 
institution shall be allowed, certified and paid as provided by 
section seventy-four. 

Section 2. Section one hundred and five of said chapter g. l. (Ter. 
one hundred and twenty-three, as most recently amended f'^os/et^c'., 
by chapter fifty-four of the acts of nineteen hundred and amended. 



166 



Acts, 1941. — Chap. 216. 



Discharge of 
certain insane 
prisoners. 



G. L. (Ter. 

Ed.), 123. 

i 89, amended. 



Discharge. 

General 
provisions. 



thirty-nine, is hereby further amended by inserting after 
the word "ninety", in the eleventh hne of the paragraph 
amended by said chapter fifty-four, the words : — or may 
discharge such prisoner in accordance with section eighty- 
nine, — so that the last paragraph will read as follows : — 

If a prisoner under complaint or indictment is committed 
in accordance with section one hundred, and such complaint 
or indictment is dismissed or nol prossed, or if a prisoner is 
committed in accordance with sections one hundred and 
three or one hundred and four, and his sentence has expired, 
the superintendent of the institution to which commitment 
was made or said medical director 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 or may discharge such prisoner in accord- 
ance with section eighty-nine. The word "prisoner" as 
used in this section 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. 

Section 3. Said chapter one hundred and twenty- three 
is hereby further amended by striking out section eighty- 
nine, as appearing in the Tercentenary Edition, and insert- 
ing in place thereof the following : — Section S9. The super- 
intendent or manager of a private institution described in 
section three, the superintendent of the McLean hospital, 
or of any institution other than a state hospital to which 
commitments may be made under section sixty-two, when 
authorized thereto by the trustees of such institution, the 
trustees of any such institution other than a state hospi- 
tal themselves, the superintendent of a state hospital, the 
department having supervision of the institution, or, on 
written application, a judge of probate for the county where 
the institution is situated, or where the inmate had his resi- 
dence at the time of his commitment or admission, or a justice 
of the superior court in any county, after such notice as the 
said superintendent, manager, trustees, department having 
supervision, judge or justice, may consider reasonable and 
proper, may discharge any inmate if it appears upon ex- 
amination that he will be sufficiently provided for by him- 
self, his guardian, relatives or friends, or that his detention 
in such institution is no longer necessary for his own welfare 
or the safety of the public. If the legal or natural guardian 
or any relative of an inmate opposes such discharge, it shall 
not be made without written notice having been given to 
the person opposing such discharge. This section shall not 
apply to persons committed by a court under any provision 
of sections one hundred to one hundred and four, inclusive, 
except as otherwise provided in section one hundred and five. 

Approved April 25, 1941. 



Acts, 1941. — Chap. 217. 167 



An Act making certain laws affecting veterans' Chav.217 
organizations applicable to the sons of union vet- 
erans of the civil war and the society of the war 
of 1812 in the commonwealth of massachusetts 
(incorporated). 

Be it enacted, etc., as follows: 

Section 1. Section forty-nine of chapter thirty-three of Edo.aJ.^'' 
the General Laws, as appearing in section one of chapter § ^a.'etc.. 
four hundred and twenty-five of the acts of nineteen hun- *'"*° 
dred and thirty-nine, is hereby amended by striking out, 
the first time it appears in the forty-sixth Hne, the word 
"the" and inserting in place thereof the word: — The, — 
by inserting after the word "Massachusetts" in the forty- 
seventh line the word: — (Incorporated), — and by strik- 
ing out, in the fiftieth, fifty-first and fifty-second lines, the 
words "of the Sons of Veterans may at any time parade in 
public their color guards of ten men with firearms" and 
inserting in place thereof the words : — or other duly organ- 
ized units of the Sons of Union Veterans of the Civil War 
may at any time parade in public their color guards, escorts, 
and firing parties with firearms, but no such camp or other 
organized unit shall at any time so parade more than six- 
teen men, — so as to read as follows : — Section 49. Except unauthorized 
as provided in section fifty, no body of men, except the °^' 
organized militia, the troops of the United States, and the 
Ancient and Honorable Artillery Company of Massachu- 
setts, shall maintain an armory, or associate together at 
any time as a company or organization, for drill or parade 
with firearms, or so drill or parade; nor shall any city or 
town raise or appropriate money toward arming, equipping, 
uniforming, supporting or providing drill rooms or armories 
for any such body of men ; provided, that associations wholly 
composed of soldiers honorably discharged from the mili- 
tary service of the United States may parade in public with 
arms, upon the reception of any regiment or company of 
soldiers returning from said service, and for escort duty at 
the burial of deceased soldiers, with the written permission 
of the mayor of the city or selectmen of the city or town 
where they desire to parade; that students in educational 
institutions where military science is a prescribed part of 
the course of instruction or members of schools for military 
instruction conducted with the approval of the commander- 
in-chief may, with the consent of the commander-in-chief, 
drill and parade with firearms in pubhc, under the super- 
intendence of their instructors or teachers; that foreign 
troops whose admission to the United States has been con- 
sented to by the United States government may, with the 
consent of the commander-in-chief, drill and parade with 
firearms in public; that any body of men may, with the 
consent of the commander-in-chief, drill and parade in pub- 
Uc with any harmless imitation of firearms approved by 



168 



Acts, 1941. — Chap. 217. 



G. L. (Ter. 
Ed.). 40, 
§ 5. cl. (12), 
etc., amended. 



Appropriations 
for care of 
graves of 
certain 
veterans. 



the adjutant general; that regularly organized posts of the 
Grand Army of the Republic, The American Legion, Vet- 
erans of Foreign Wars of the United States and Jewish 
War Veterans of the United States, regularly organized 
camps of the United Spanish War Veterans, regularly organ- 
ized 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 au- 
thorized officers; that the Kearsarge Association of Naval 
Veterans, Inc., may at any time parade in public their 
color guards of not more than twelve men armed with fire- 
arms; that the Society of Colonial Wars in the Common- 
wealth of Massachusetts, the Order of the Founders and 
Patriots of America, the Massachusetts Society of the Sons 
of the American Revolution, the Society of the Sons of the 
Revolution in the Commonwealth of Massachusetts, The 
Society of the War of 1812 in the Commonwealth of Massa- 
chusetts (Incorporated), 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 or other duly organized units of 
the Sons of Union Veterans of the Civil War may at any 
time parade in public their color guards, escorts, and firing 
parties with firearms, but no such camp or other organized 
unit shall at any time so parade more than sixteen men; 
that any organization heretofore authorized by law may 
parade with side-arms; and that any veteran association 
composed 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. Clause (12) of section five of chapter forty of 
the General Laws, as most recently amended by chapter one 
hundred and sixty-three of the acts of nineteen hundred and 
thirty-six, is hereby further amended by striking out, in the 
twenty-ninth to the thirty-third lines, the words "and local 
camps of the Sons of Union Veterans of the Civil War or 
local tents of The Daughters of Union Veterans of the Civil 
War in the case of a town in which there is no post of the 
Grand Army of the Republic" and inserting in place thereof 
the words : — local camps or other duly organized units of 
the Sons of Union Veterans of the Civil War or local tents 
of The Daughters of Union Veterans of the Civil War, and 
The Society of the War of 1812 in the Commonwealth of 
Massachusetts (Incorporated), — so as to read as follows: — 
(12) For erecting headstones or other monuments at the 
graves of persons who served in the war of the revolution, 
the war of eighteen hundred and twelve, the Seminole war, 
the Mexican war, the war of the rebellion or the Indian 
wars or who served in the military or naval service of the 



Acts, 1941. — Chap. 217. 169 

United States in the Spanish American war or in the World 
war, or who served in the mihtary service of the common- 
wealth in time of war; for acquiring land by purchase or 
by eminent domain under chapter seventy-nine, purchasing, 
erecting, equipping or dedicating buildings, or constructing 
or dedicating other suitable memorials, for the purpose of 
properly commemorating the services and sacrifices of per- 
sons who served as aforesaid; for the decoration of the 
graves, monuments or other memorials of soldiers, sailors 
and marines who served in the army, navy or marine corps 
of the United States in time of war or insurrection and the 
proper observance of Memorial Day and other patriotic 
holidays under the auspices of the following : — local posts 
of the Grand Army of the Republic, United Spanish War 
Veterans, The American Legion, Veterans of Foreign Wars 
of the United States and Jewish War Veterans of the United 
States, local chapters of the Disabled American Veterans of 
the World War, local units of the Massachusetts State 
Guard Veterans, Kearsarge Association of Naval Veterans, 
Inc., local garrisons of the Army and Navy Union of the 
United States of America, local chapters of the Massachu- 
setts Society of the Sons of the American Revolution, local 
detachments of the Marine Corps League, local clubs of 
the Yankee Division Veterans Association, local camps or 
other duly organized units of the Sons of Union Veterans 
of the Civil War or local tents of The Daughters of Union 
Veterans of the Civil War, and The Society of the War of 
181^ in the Commonwealth of Massachusetts (Incorpo- 
rated) ; or for keeping in repair graves, monuments or other 
memorials erected to the memory of such persons or of the 
firemen and policemen of the town who died from injuries 
received in the performance of their duties in the fire or 
police service or for decorating the graves of such firemen 
and policemen or for other memorial observances in their 
honor. Money appropriated in honor of such firemen may 
be paid over to, and expended for such* purposes by, any 
veteran firemen's association or similar organization. 

Section 3. Section seventy of chapter two hundred and g- l- (Ter. 
sixty-six of the General Laws, as most recently amended by fyaft^c^' 
section two of chapter one hundred and forty-four of the amended. 
acts of nineteen hundred and thirty-nine, is hereby further 
amended by striking out, in the fourth line, the word "Vet- 
erans" and inserting in place thereof the words: — Union 
Veterans of the Civil War, — so as to read as follows : — 
Section 70. Whoever, not being a member of the Military unlawful use 
Order of the Loyal Legion of the United States, the Grand of'nsignia. 
Army of the Republic, the Sons of Union Veterans of the 
Civil War, the Woman's Relief Corps, the Union Veterans' 
Union, the Union Veteran Legion, the Military 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 



170 Acts, 1941. — Chaps. 218, 219. 

American Veterans of the World War, the Yankee Division 
Veterans' Association or the American Legion, wilfully 
wears or uses the insignia, distinctive ribbons or member- 
ship rosette or button thereof for the purpose of represent- 
ing 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 25, 1941. 



Chav.218 An Act authorizing an increase in the number of 

TRUSTEES OF THE MEMORIAL HOSPITAL IN THE CITY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

The number of authorized trustees of The Memorial 
Hospital, in the city of Worcester, incorporated under the 
name of the Trustees of the Memorial Hospital by chapter 
eighty-seven of the acts of eighteen hundred and seventy- 
one and whose name was changed to its present one by sec- 
tion one of chapter twelve of the acts of eighteen hundred 
and ninety-one, may be increased to such number, not ex- 
ceeding thirty, as may be prescribed, from time to time, 
by the by-laws of the corporation. Any additional trustees 
provided for by said by-laws shall be elected by vote of at 
least two thirds of the then existing trustees. 

Approved April 25, 1941. 



Chap.219 An Act authorizing the county commissioners of the 

COUNTY OF NORFOLK TO PROVIDE ADEQUATE ACCOMMO- 
DATIONS FOR THE MUNICIPAL COURT OF BROOKLINE AT 
BROOKLINE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations and facilities for the municipal court 
of Brookline, the county commissioners of the county of 
Norfolk may take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by purchase or other- 
wise, such land in the town of Brookline as may be neces- 
sary, and may erect on such land a suitable building for said 
court and may equip and furnish such building. 

Section 2. For the purpose aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as may 
be necessary, not exceeding, in the aggregate, two hundred 
and sixty-five thousand dollars, and may issue bonds or 
notes of the county therefor, which shall bear on the face 
the words Norfolk County Brookline Municipal Court House 
Loan, Act of 194 L Each authorized issue shall constitute 
a separate loan and such loans shall be payable not more than 
five years from their dates. The bonds or notes shall be 



Acts, 1941. — Chap. 220. 171 

signed by the county treasurer and countersigned by a ma- 
jority of the county commissioners. The county may sell 
the said securities at public or private sale, upon such terms 
and conditions as the county commissioners may deem 
proper, but not for less than their par value. Indebtedness 
incurred hereunder shall, except as herein provided, be sub- 
ject to chapter thirty-five of the General Laws. 

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

Section 4. This act shall take full effect upon its accept- 
ance, during the current year, by the county commissioners 
of the county of Norfolk, but not otherwise. 

Approved April 29, 1941. 



An Act transferring the care, superintendence and Qhnjy 220 

MANAGEMENT OF PUBLIC BURIAL PLACES IN THE CITY OF ^' 

NORTH ADAMS TO THE COMMISSIONER OF PUBLIC WORKS 
OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-four of chapter one hundred 
and forty-eight of the acts of eighteen hundred and ninety- 
five, as affected by chapter seventy-six of the acts of eight- 
een hundred and ninety-seven, and as amended by section 
thirteen of chapter one hundred and three of the Special 
Acts of nineteen hundred and eighteen, is hereby further 
amended by striking out, in the seventeenth and eighteenth 
lines, the words "the poor. He shall also be the city almoner 
and commissioner of public burial places of said city" and 
inserting in place thereof the words : — the public welfare. 
He shall also be the city almoner, — so that the first two 
sentences of clause 8 will read as follows : — An overseer 
of the poor who shall exercise and discharge all the duties 
and powers prescribed by law for overseers of the public 
welfare. He shall also be the city almoner. 

Section 2. Section thirty-seven of said chapter one hun- 
dred and forty-eight, as amended by section fifteen of said 
chapter one hundred and three, is hereby further amended 
by inserting after the word "pipes" in the twentieth line 
the following new clause : — 

(i) Of the care, superintendence and management of 
public burial places of said city; and for said purposes may 
appoint a superintendent of pubHc burial places and pre- 
scribe his powers and duties. 



172 Acts, 1941. — Chap. 221. 

Section 3. Section two of chapter seventy-six of the 
acts of eighteen hundred and ninety-seven is hereby amended 
by striking out, in the tenth and eleventh Hnes, the words 
"He shall also be the commissioner of public burial places 
of said city.". 

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

Approved April 29, 1941. 

Chap. 221 -^N Act to enable savings banks and certain other 

BANKING institutions TO CO-OPERATE IN THE DISTRI- 
BUTION OF UNITED STATES DEFENSE SAVINGS BONDS AND 
DEFENSE POSTAL SAVINGS STAMPS. 

Emergency Whereas, In connection with financing the national de- 

pream e. fense program, new issues of United States savings bonds and 
stamps will go on sale on May first in the current year ; and 
Whereas, It is desired that the banking institutions of 
the commonwealth extend the most effective and prompt 
assistance to the federal government in the distribution of 
said bonds and stamps commencing on said date; and 

Whereas, The purpose of this act is to make possible 
such assistance in connection with such financing, and the 
deferred operation of this act would tend to defeat such 
purpose; therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the pubhc safety and convenience. 

Be it enacted, etc., asfolloios: 

Section 1. Under regulations made by the commis- 
sioner of banks and in accordance with requirements and 
regulations of the secretary of the treasury of the United 
States or other duly constituted federal authority, savings 
banks and institutions for savings, co-operative banks, 
associations referred to in section thirty-four of chapter 
ninety-three of the General Laws, and corporations author- 
ized to do the business of a banking company under chapter 
one hundred and .seventy-two A of the General Laws, are 
hereby authorized and empowered to qualify and to be 
employed to act as fiscal or financial agents of the United 
States government for and in the sale and issue of bonds 
known as United States Defense Savings Bonds and other 
similar bonds, to accept for transmittal to the federal 
reserve bank applications for the purchase of such bonds, 
to purchase and sell stamps known as Defense Postal Sav- 
ings Stamps and other similar savings stamps, to receive and 
hold for their depositors and customers such bonds and 
stamps, and in general to do any and all things incidental 
or necessary in connection with the powers granted to such 
institutions and corporations by this act and to give effect 
to the provisions thereof. 

Section 2. This act shall become inoperative three 
months after the United States government has ceased to 
offer such bonds and stamps for purchase. 

Approved April SO, 1941. 



Acts, 1941. — Chaps. 222, 223. 173 



An Act making an appropriation for expenditure by Qfid^r) 222 

THE MASSACHUSETTS COMMISSION ON THE EMPLOYMENT ^' 

PROBLEMS OF NEGROES FOR SUPERVISORY AND OTHER 
SERVICES AND EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-seven hundred and 
eighty-six dollars, for expenditure by the Massachusetts 
Commission on the Employment Problems of Negroes for 
supervisory and other services and expenses, is hereby ap- 
propriated from the general fund or revenue of the common- 
wealth, subject to the provisions of law regulating the dis- 
bursement of public funds and the approval thereof, in 
advance of final action on the general appropriation bill, 
pursuant to a recommendation of the governor to that effect 
in a message dated April seventeenth, nineteen hundred and 
forty-one. 

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

Approved May 1, 1941. 



An Act authorizing the city of beverly to compensate Chap. 22S 

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 sentence : — Its members shall 
receive in full compensation for their services as members of 
the board of aldermen, or of any committee thereof, such 
salary as may be established by ordinance, but not exceeding 
three hundred dollars per annum for each member, — so as 
to read as follows: — Section 13. The board of aldermen 
shall, so far as is consistent with this act, have and exercise 
all the legislative power of towns and of the inhabitants 
thereof, and shall have and exercise all the powers now vested 
by law in the city of Beverly and in the inhabitants thereof 
as a municipal corporation, and shall have all the powers 
and be subject to all the liabihties of city councils and of 
either branch thereof, and it may by ordinance prescribe 
the manner in which such powers shall be exercised. Its 
members shall receive in full compensation for their services 
as members of the board of aldermen, or of any committee 
thereof, such salary as may be established by ordinance, but 
not exceeding three hundred dollars per annum for each 
member. Sessions of the board whether as a board of alder- 
men or as a committee of the whole shall be open to the pub- 
lic, 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 



174 Acts, 1941. — Chaps. 224, 225. 

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-two in 
the form of the following question which shall be placed upon 
the official ballot to be used in said city at said election : — 
"Shall an act passed by the general court in the year nineteen 
hundred and forty-one, 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-three, 
otherwise it shall have no effect. 

Approved May 1, 1941. 



Chap. 224: An Act to authorize the placing of the office of chief 

OF THE FIRE DEPARTMENT OF THE CITY OF FALL RIVER 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the city of Fall River shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations relating to permanent members of fire depart- 
ments of cities, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to such laws, 
but the person holding said office on said effective date shall 
continue to serve therein only until the expiration of his 
term of office unless prior thereto he passes a non-competitive 
qualifying examination to which he shall be subjected by 
the division of civil service. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Fall River, 
subject to the provisions of its charter, but not otherwise. 

Approved May 1, 1941. 



Chap. 22b An Act further providing for the funding of over- 
lay deficits by the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston, for the purposes speci- 
fied in section two of this act, may issue from time to time 
bonds or notes to an amount not exceeding, in the aggre- 
gate, three million dollars; provided, that indebtedness in- 
curred under authority of this section shall be subject to 
the approval of the board estabHshed under section one of 
chapter forty-nine of the acts of nineteen hundred and 
thirty-three; and provided, further, that no bonds or notes 
authorized by this section shall be issued later than the 



Acts, 1941. — Chap. 225. 175 

thirty-first day of December, nineteen hundred and forty- 
two. Such bonds or notes shall bear on their face the words, 
City of Boston Funding Loan, Acts of 1941, Each author- 
ized issue shall constitute a separate loan, and such loans 
shall be paid in not more than fifteen years from their dates. 
Indebtedness incurred under this section shall, except as 
herein provided, be subject to the provisions, applicable 
to the city of Boston, of chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first para- 
graph of section seven thereof. Said city may issue tempo- 
rary notes of the city payable in not more than one year 
from their dates, in anticipation of the issue of serial bonds 
or notes authorized by this section, but the time within 
which such serial bonds or notes shall become due and 
payable shall not, by reason of such temporary notes, be 
extended beyond the time fixed by this section. All notes 
issued in anticipation of the issue of such serial bonds or 
notes shall be paid from the proceeds thereof. 

Section 2. The amounts borrowed under authority of 
section one shall be used for meeting so much of the deficits 
resulting from the satisfaction of abatements on account of 
tax assessments in each of the years prior to nineteen hun — 
dred and thirty-eight heretofore granted, and for the satis- 
faction of abatements on account of tax assessments in each 
of such years hereafter granted, as is in excess of the over- 
lay or overlays of such years. 

Section 3. The auditor of said city shall set up a sepa- 
rate account of the proceeds of all loans issued under au- 
thority of said section one. Charges shall be made against 
such account only for the purposes authorized in section 
two and then only with the approval of the mayor. 

Section 4. The assessors of said city, for the purpose of 
avoiding fractional divisions of the amount to be assessed 
in the apportionment thereof and providing for abatements 
granted on account of taxes assessed, shall add to the amount 
to be assessed, in each of the years nineteen hundred and 
forty-one and nineteen hundred and forty-two, an overlay 
of four per cent thereof, and in each year thereafter, until 
all loans issued under authority of said section one of this 
act and of section otic of chapter two hundred and thirty- 
five of the acts of nineteen hundred and thirty-eight, are 
paid, an overlay of three per cent thereof; provided, that 
should the amounts authorized to be borrowed under said 
section one of this act, or of said section one of said chapter 
two hundred and thirty-five, be inadequate for the purposes 
specified in section two of this act and in section two of said 
chapter two hundred and thirty-five, respectively, or should 
the amount which said assessors are authorized, under this 
section, to add to the amount to be assessed be inadequate, 
in any year, for the purposes specified in this section, said 
assessors shall add to the amount to be assessed in the fol- 
lowing year such additional amount as may be required 
fully to meet all of such purposes. 



176 Acts, 1941. — Chap. 226. 

The provisions of this section, requiring an overlay of 
four per cent in each of the years nineteen hundred and 
forty-one and nineteen hundred and forty-two, and an over- 
lay of three per cent in each year thereafter until all loans 
issued under authority of said section one of said chapter 
two hundred and thirty-five are paid, are in substitution for 
and not in addition to the provisions of section four of said 
chapter two hundred and thirty-five. 

Section 5. From and after the effective date of this act 
and until all loans issued under authority of said section 
one of this act and said section one of said chapter two 
hundred and thirty-five are paid, the proceeds of all loans 
made by said city under said chapter forty-nine of the acts 
of nineteen hundred and thirty- three, as amended, shall be 
used for no purpose other than to meet notes issued by said 
city in anticipation of revenue. 

Section, 6. Bonds or notes issued under authority of 
said section one of this act shall, in favor of bona fide holders, 
be conclusively presumed to have been duly and regularly 
authorized and issued in accordance with the provisions con- 
tained in this act; and no holder thereof shall be obliged 
to see to the existence of the purpose of that issue, or to the 
regularity of any of the proceedings, or to the application of 
the proceeds. 

Section 7. Loan orders passed under authority of this 
act shall be deemed to be emergency orders and as such 
may be passed in the manner provided in the charter of said 
city for loan orders for temporary loans in anticipation of 
taxes. 

Section 8. This act shall take effect upon its passage. 

Approved May 1, 1941- 



Chap. 22Q -^^ Act providing for a court officer for the probate 

court of WORCESTER COUNTY. 

Be it enacted, etc., as follows: 

Ed V' 217'^" Section 1. Chapter two hundred and seventeen of the 

§ 30," etc' General Laws is hereby amended by striking out section 
amended. thirty, as most recently amended by s^tion one of chapter 

two hundred and fifty-two of the acts of nineteen hundred 
and thirty-six, and inserting in place thereof the following: 
Kert^afn®™ " Scction SO. The judges of probate for the counties of 
probate courts. Suffolk and Middlesex may appoint two officers, and the 
judge of probate for the county of Plymouth and the judges 
of probate for the counties of Essex and Worcester may 
, appoint an officer, to attend the sessions of the probate court 

and court of insolvency of their respective counties. Such 
officers may be removed at the pleasure of the judge or 
judges of probate of their respective counties, and the said 
judge or judges may fill any vacancy caused by removal or 
otherwise. Each court officer appointed hereunder for Suf- 
folk, Middles'ex or Worcester county §hall give bond with 



Acts, 1941.— Chap. 227. 177 

sufficient sureties approved by a judge of his court for the 
faithful performance of his duties, in the sum of one thou- 
sand dollars, payable to the treasurer of Suffolk county or 
to Middlesex or Worcester county, as the case may be. 
The court officer for Plymouth county and for Essex county 
shall, if required by the court, give a bond payable to Plym- 
outh county or Essex county, as the case may be, for the 
faithful performance of his duties, with sureties satisfactory 
to the court. Each officer appointed hereunder shall serve 
the orders, precepts and processes issued by the probate 
court for which he is appointed or by a judge thereof; and, 
except in Plymouth county, shall at the expense of his 
county be furnished with a uniform such as the court shall 
order, which he shall wear while in attendance on said court. 
The salary of the officer appointed hereunder to serve in the 
probate court and court of insolvency of Worcester county 
shall be fixed by the judges of said court in a sum not to 
exceed eighteen hundred dollars, to be paid by said county. 

Section 2. This act shall take full effect upon its ac- Acceptance 
ceptance during the current year by vote of the county ° 
commissioners of Worcester county, but not otherwise. 

Approved May 1, 191^1. 



An Act relative to collection of taxes from estates Chap. 221 

OF PERSONS WHO WERE RELIEVED THEREFROM FOR LACK 
OF ABILITY TO PAY OR OTHERWISE. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter fifty-nine of the Gen- g l. (Xer. 
eral Laws is hereby amended by striking out clause Seven- seventeenth'. 
teenth, as most recently amended by section nineteen of ^^^- a^nended. 
chapter four hundred and fifty-one of the acts of nineteen 
hundred and thirty-nine, and inserting in place thereof the 
following clause : — 

Seventeenth, Subject to section five A, real estate, to the Exemptions 
value of two thousand dollars, of a widow, of a person over perTonsTrom 
the age of seventy-five, or of any minor whose father is de- *^^^^- 
ceased, occupied by such widow, person or minor as her or 
his domicile; provided, that the whole estate, real and per- 
sonal, of such widow, person or minor does not exceed in 
value the sum of two thousand dollars, exclusive of property 
otherwise exempt under the twelfth, twentieth and twenty- 
first clauses of this section and exclusive of the value of the 
mortgage interest held by persons other than the person or 
persons to be exempted in such mortgaged real estate as 
may be included in such whole estate; but if, the value of 
such whole estate being less than two thousand dollars, the 
combined value thereof and of such mortgage interest ex- 
ceeds two thousand dollars, the amount so exempted shall 
be two thousand dollars. No real estate shall be so exempt 
which the assessors shall adjudge has been conveyed to such 
widowj person or minor to evade taxation. A widow, per- 



178 



Acts, 1941. — Chap. 228. 



G. L. (Ter. 
Ed.). 59. 
§ 5. cl. 
Eighteenth, 
amended. 



Polls, etc., 
of aged, etc., 
persons. 



G. L. (Ter. 
Ed.), 59, 
new section 
5A, added. 

Certain back 
taxes charge- 
able to estate 
of deceased 
person 
previously 
exempt. 



son or minor aggrieved by any such judgment may appeal 
to the county commissioners or to the appellate tax board 
within the time and in the manner allowed by section sixty- 
four or sixty-five, as the case may be. 

Section 2. Said section five of said chapter fifty-nine is 
hereby further amended by striking out clause Eighteenth, 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the following clause : — 

Eighteenth, Subject to section five A, the polls and any 
portion of the estates of persons who by reason of age, in- 
firmity and poverty are in the judgment of the assessors 
unable to contribute fully toward the pubHc charges. 

Section 3. Said chapter fifty-nine is hereby further 
amended by inserting after section five, as amended, the 
following new section : — Section 5 A . In the event that a 
person is relieved of taxation under any provision of clause 
Seventeenth or of clause Eighteenth of section five, upon 
his death his estate, to the extent that it exceeds his debts, 
reasonable funeral and burial expenses and reasonable ex- 
penses of administration, shall be chargeable with the amount 
of taxes from which he is so relieved with interest at the 
rate of six per cent per annum from the date when such 
taxes except for such relief would have been due. The as- 
sessors shall annually compute the amount of such taxes, 
record the same and, upon the death of the person relieved, 
commit the aggregate amount to the collector upon a spe- 
cial warrant, and such collector shall present the claim for 
payment in the same manner as provided for presentation 
of claims of creditors of the estate and have like power to 
bring suit thereon. Approved May 1, 1941. 



Chap. 22S An Act authorizing the city of revere to fund cer- 
tain indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds to meet 
certain loans issued in the year nineteen hundred and forty 
under clause (9) of section eight of chapter forty-four of 
the General Laws, the city of Revere may borrow during 
the current year such sums, not exceeding, in the aggregate, 
thirty-six thousand dollars, as may be necessary, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, City of Revere Funding Loan, Act of 194L Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than five years from their 
dates. Indebtedness incurred under this act shall be within 
the statutory limit, but shall, except as herein provided, be 
subject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

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

Approved May 2, 1941. 



Acts, 1941. — Chaps. 229, 230. 179 



An Act authorizing the city of peabody to appropriate Qfid^ 229 

MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN UN- 
PAID BILLS AND PAYROLLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Peabody is hereby authorized to 
appropriate money for the payment of, and to pay, such of 
the unpaid bills and payrolls incurred in the year nineteen 
hundred and thirty-nine and nineteen hundred and forty, 
as shown by a list filed with the director of accounts in the 
department of corporations and taxation, as are legally un- 
enforceable against said city by reason of its failure to com- 
ply with the provisions of its charter or by reason of the 
fact that no appropriation was available at the time of in- 
curring such bills or payrolls. 

Section 2. No bill or payroll shall be paid under au- 
thority of this act unless and until certificates have been 
signed and filed with the auditor of said city, stating under 
the penalties of perjury that the goods, materials or services 
for which bills have been submitted were ordered by an 
official or employee of said city and that such goods and 
materials were delivered and actually received by said city 
or that such services were rendered to said city, or both, and 
until such bills or payrolls have been approved by the board 
established by section one of chapter forty-nine of the acts 
of nineteen hundred and thirty-three. 

Section 3. Any person who knowingly , files a certificate 
required by section two which is false and who thereby re- 
ceives payment for goods, materials or services which were 
not received by or rendered to said city shall be punished 
by imprisonment for not more than one year or by a fine 
of not more than three hundred dollars, or both. 

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

Approved May 2, 19J^1. 



Chap.2S0 



An Act relative to the employment of clerical as- 
sistance IN THE OFFICES OF THE CLERKS OF THE SENATE 
AND HOUSE OF REPRESENTATIVES. 

Whereas, The deferred operation of this act would tend ^"^H^^iie^ 
to defeat its purpose, which is to make available, after ap- 
propriation, to the clerks of the senate and house of repre- 
sentatives necessary clerical assistance as early as possible 
during the present session of the general court, therefore 
this act is hereby declared to be an emergency law neces- 
sary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section thirteen of chapter three of the General Laws, as o. l. (Xer. 
most recently amended by section two of chapter three ^tli'amended. 
hundred and sixty of the acts of nineteen hundred and thirty- 



180 



Acts, 1941.— Chap. 231. 



Clerical 
assistance in 
clerks' offices. 



seven, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following sen- 
tence : — Each clerk may also employ such clerical assist- 
ance as may be necessary, and may expend therefor such 
amounts as are appropriated. Approved May 2, 1941. 



Chap, 231 An Act further regulating instruments acknowl- 
edging SATISFACTION OF TAX TITLE ACCOUNTS. 



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



Redemption 
of land sold 
for taxes. 



Be it enacted, etc., as follows: 

The second paragraph of section sixty-two of chapter 
sixty of the General Laws, as most recently amended by 
section two of chapter three hundred and ninety-two of the 
acts of nineteen hundred and thirty-six, is hereby further 
amended by striking out the sentences contained in the 
eighteenth to the thirty-seventh lines, inclusive, and insert- 
ing in place thereof the three following sentences : — When 
land is redeemed from a tax title held by a city or town, the 
city treasurer, or acting city treasurer, notwithstanding the 
provisions of the charter of his city, or the town treasurer, 
as the case may be, shall, in the name and on behalf of the 
city or town, execute, acknowledge and deliver an instru- 
ment, which need not be under seal, containing a reference 
to the record of the tax deed or instrument of taking sufficient 
to identify it and reciting that the city or town acknowledges 
satisfaction of the tax title account secured thereby. The 
instrument provided for herein shall specify the year for 
which, and the name of the person to whom, the tax for 
which the land was sold or taken was assessed, and shall 
also specify the land on which such tax was assessed. If a 
person other than the owner of the fee rightfully redeems, 
requesting that he be named in the instrument, the instru- 
ment shall include his name and, when duly recorded in the 
registry of deeds of the county or district where the land 
is situated, shall be notice to all persons of such payment, 
— so as to read as follows : — 

Any such person may so redeem by paying or tendering 
to a purchaser, other than the town, his legal representa- 
tives or assigns, or to the person to whom an assignment of 
a tax title has been made by the town, at smy time prior to 
the filing of such petition for foreclosure, in the case of a 
purchaser the original sum and intervening taxes and costs 
paid by him and interest on the whole at said rate, or in the 
case of an assignee of a tax title from a town the amount 
stated in the instrument of assignment with interest at the 
rate of six and one half per cent from the date of said assign- 
ment. In each case he shall also pay or tender, for examina- 
tion of title and a deed of release, not more than three dollars 
in the aggregate, and in addition thereto the actual cost of 
recording the tax deed or evidence of taking and the instru- 
ment of assignment, if any. He may also redeem the land 
by paying or tendering to the treasurer the sum which he 



Acts, 1941. — Chap. 232. 181 

would be required to pay to the purchaser or to the assignee 
of a tax title, with one dollar additional. When land is re- 
deemed from a tax title held by a city or town, the city 
treasurer, or acting city treasurer, notwithstanding the pro- 
visions of the charter of his city, or the town treasurer, as 
the case may be, shall, in the name and on behalf of the city 
or town, execute, acknowledge and deliver an instrument, 
which need not be under seal, containing a reference to the 
record of the tax deed or instrument of taking sufficient to 
identify it and reciting that the city or town acknowledges 
satisfaction of the tax title account secured thereby. The 
instrument provided for herein shall specify the year for 
which, and the name of the person to whom, the tax for 
which the land was sold or taken was assessed, and shall 
also specify the land on which such tax was assessed. If a 
person other than the owner of the fee rightfully redeems, 
requesting that he be named in the instrument, the instru- 
ment shall include his name and, when duly recorded in the 
registry of deeds of the county or district where the land is 
situated, shall be notice to all persons of such payment. If 
the amount so paid for redemption is paid by a holder of a 
mortgage on the premises, the amount so paid may be 
added to the mortgage debt. No person shall knowingly 
collect or attempt to collect for the redemption of any such 
land a sum of money greater than that authorized by this 
section. Approved May 3, 1941. 



Chap.2S2 



An Act limiting the power of the board of regis- 
tration IN EMBALMING AND FUNERAL DIRECTING TO 
REGULATE THE EMPLOYMENT OF EMBALMERS BY FUNERAL 
DIRECTORS. 

Be it enacted, etc., as folloivs: 

Section eighty-five of chapter one hundred and twelve of ^j^ jL^""- 
the General Laws, as appearing in section three of chapter § s's.' etc..' 
four hundred and seven of the acts of nineteen hundred and *"'^°'^®'^- 
thirty-six, is hereby amended by inserting after the word 
"directing" in the fourth line the words: — ; provided, 
that no such rule or regulation shall require that an em- 
balmer be permanently employed by a funeral director, — 
so as to read as follows : — Section 85. The board shall R^'es and 
adopt rules and regulations consistent with law governing ^'^^ 
the care and disposition of dead human bodies and govern- 
ing embalming and funeral directing; provided, that no 
such rule or regulation shall require that an embalmer be 
permanently employed by a funeral director. It shall keep 
a record of the names of all persons registered by it and 
of all moneys received and disbursed by it, a duphcate 
whereof shall always be open to public inspection in the 
office of the state secretary. It shall make an annual re- 
port showing the condition of embalming and of funeral 
directing in the commonwealth. It shall investigate all 



182 



Acts, 1941. — Chaps. 233, 234, 235. 



complaints of violation of any provision of sections eighty- 
two to eighty-seven, inclusive, and bring such violations to 
the notice of the proper prosecuting officers. All places 
where funeral directing is conducted may be inspected by 
the board .and by the local board of health which granted 
the license therefor. Approved May 2, 19J^1. 



Chap.2SS An Act relative to the taking of land for the alter- 
ation OF CROSSINGS OF PUBLIC WAYS AND RAILROADS. 



G. L. (Ter. 
Ed.), 159, 
§ 60, etc., 
amended. 



Land takings. 



Be it enacted, etc., as follows: 

Section sixty of chapter one hundred and fifty-nine of the 
General Laws, as amended by section two of chapter three 
hundred and twenty-six of the acts of nineteen hundred and 
thirty-three, is hereby further amended by striking out, in 
the fourth and fifth lines, the words "or the" and inserting 
in place thereof the following: — , the county or the city or, 
— so as to read as follows : — Section 60. If it is decided that 
the location of the railroad or of the way shall be changed, 
land or other property may be taken therefor by eminent- 
domain on behalf of the railroad corporation, the common- 
wealth, the county or the city or town, as the case may 
be, under chapter seventy-nine, and damages may be re- 
covered therefor under said chapter. 

Approved May 2, 1941. 



Chap.2S4: An Act relative to loans by savings banks secured by 

ASSIGNMENTS OF LIFE INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Ed.x'iesT' Paragraph (6) of subdivision (e) of clause Ninth of sec- 

1^54,'^cL Ninth, tion fifty-four of chapter one hundred and sixty-eight of 
..me e . ^j^^ General Laws, as amended by section five of chapter 
two hundred and forty-four of the acts of nineteen hundred 
and thirty-nine, is hereby further amended by striking out, 
in the last fine, the word "five" and inserting in place thereof 
the word : — seven, — so as to read as follows : — 

(6) Policies issued by fife insurance companies approved 
by the commissioner and properly assigned to the bank, but 
not exceeding 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 seven per cent of its 
deposits. Approved May 2, 1941. 



Loans secured 
by life insur- 
ance policies. 



Chap. 235 An Act relative to the election and terms of office 

OF CERTAIN OFFICIALS OF THE CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section thirty- two of chapter four hundred 
and forty-four of the acts of eighteen hundred and ninety- 
three, as affected by other provisions of law, is hereby 



Acts, 1941.— Chap. 236. 183 

amended by striking out the first sentence and inserting in 
place thereof the following three sentences : — The city 
council shall, by concurrent vote, the board of aldermen 
acting first, elect by viva voce vote, in January of the year 
in which the terms of the officials hereinafter referred to 
expire, a city solicitor, a city auditor and a commissioner of 
public works, each to hold oflSce for a term of three years 
from the first Monday in said January and until his succes- 
sor is quahfied. When a vacancy occurs in any of said 
offices it shall be filled forthwith by election in the manner 
aforesaid, and the person so elected shall hold office for the 
unexpired term for which his predecessor was elected and 
until his successor is qualified. When a vacancy occurs in 
the office of treasurer and collector of taxes it shall be filled 
forthwith by election in the manner aforesaid, but subject 
to chapter thirty-one of the General Laws and the rules and 
regulations made thereunder. 

Section 2. The term of office of the present commis- 
sioner of public works of said city shall terminate on the 
first Monday of January, nineteen hundred and forty-two. 
The term of office of the present incumbent of each of the 
offices of city solicitor and city auditor of said city shall be 
three years from the beginning of his present term. 

Approved May 2, 1941. 



An Act relative to the number of signatures re- Chap.2S6 

QUIRED ON petitions FOR RECOUNTS IN CERTAIN TOWNS. 

Be it enacted, etc., as follows: 

Section one hundred and thirty-five of chapter fifty-four g. l. (Xer. 
of the General Laws is hereby amended by striking out the § ih.^ic, 
first paragraph, as most recently amended by section one amended. 
of chapter two hundred and fifty of the acts of nineteen 
hundred and thirty-eight, and inserting in place thereof the 
following paragraph : — If, on or before five o'clock in the Petition* for 
afternoon on the third day following an election in a ward '■'''^''""*^- 
of a city or in a town, ten or more voters of such ward or 
town, except a town having more than twenty-five hundred 
voters and voting by precincts and except Boston, and in 
such a town voting by precincts ten or more voters of each 
precinct and in Boston fifty or more voters of a ward, shall 
sign in person, adding thereto their respective residences on 
the preceding January first, and cause to be filed with the 
city or town clerk a statement, bearing a certificate by the 
registrars of voters of the number of names of subscribers 
which are names of registered voters in such ward or town, 
and sworn to by one of the subscribers, that they have 
reason to beheve and do believe that the records, or copies 
of records, made by the election officers of certain precincts 
in such ward or town, or, in case of a town not voting by pre- 
cincts, by the election officers of such town, are erroneous, 
specifying wherein they deem such records or copies thereof 



184 Acts, 1941.— Chap. 237. 

to be in error, or that challenged votes were cast by persons 
not entitled to vote therein, and that they believe a recount 
of the ballots cast in such precincts or town will affect the 
election of one or more candidates voted for at such elec- 
tion, specifying the candidate or candidates, or will affect 
the decision of a question voted upon at such election, 
specifying the question, the city or town clerk shall forth- 
with transmit such statement and the envelope containing 
the ballots, sealed, to the registrars of voters, who shall, 
without unnecessary delay, but not before the last hour for 
filing requests for recounts as aforesaid, open the envelopes, 
recount the ballots and determine the questions raised, and 
shall examine all ballots cast by or for challenged voters 
and reject any such ballot cast by or for a person found not 
to have been entitled to vote. They shall endorse on the 
back of every ballot so rejected the reason for such rejec- 
tion and said statement shall be signed by a majority of 
said registrars. Upon a recount of votes for town officers 
in a town where the selectmen are members of the board of 
registrars of voters, the recount shall be made by the mod- 
erator, who shall have all the powers and perform all the 
duties conferred or imposed by this section upon registrars 
of voters. Approved May 2, 1941. 



Chap. 2S7 -^N Act further regulating visiting the state prison, 

THE STATE PRISON COLONY, THE MASSACHUSETTS REFORMA- 
TORY, THE REFORMATORY FOR WOMEN AND THE STATE 
FARM. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter one hundred and twenty-seven of 

§^36,' amended, the General Laws is hereby amended by striking out section 
thirty-six, as appearing in the Tercentenary Edition, and 
Visitors to inserting in place thereof the following : — Section 36. No 
state prison. persou cxccpt the governor and council, members of the 
general court and officers of justice may visit the state 
prison, the state prison colony, the Massachusetts reforma- 
tory, the reformatory for women or the state farm without 
permission of the commissioner or of the warden or super- 
intendent of such institution. Every visitor who is required 
to obtain such permission shall also make and subscribe 
a statement under the penalties of perjury stating his true 
name and residence, whether or not he has been convicted 
of a felony, and, if visiting an inmate of such institution, his 
relationship by blood or marriage, if any, to such inmate, 
and, if not so related, the purpose of the visit. 
G. L. (Ter. Section 2. Said chapter one hundred and twenty-seven 

§ 37,' amended, is hereby amended by striking out section thirty-seven, as 
so appearing, and inserting in place thereof the following: — 
Register of Scctiou 37. The warden or superintendent of each institu- 
tion referred to in section thirty-six shall cause a record to 
be kept of the names and residences of all visitors, which 



Acts, 1941. — Chaps. 238, 239. 185 

record shall always be open to the commissioner, and may 
refuse admission to a person having a permit if in his opinion 
such admission would be injurious to the best interests of 
the institution, but such warden or superintendent shall 
forthwith report such refusal to the commissioner. 

Approved May 2, WJ^l. 



Chap. 2SS 



An Act authorizing the west parish society of Salis- 
bury TO CONVEY CERTAIN PROPERTY TO THE SOCIETY FOR 
THE PRESERVATION OF NEW ENGLAND ANTIQUITIES. 

Be it enacted, etc., as follows: 

Section 1. The West Parish Society of Salisbury, now 
included in the town of Amesbury, is hereby authorized to 
convey to The Society for the Preservation of New England 
Antiquities, a corporation duly organized by law, all its 
right, title and interest in the lands, together with the build- 
ings thereon, situate on Elm street in said Amesbury and 
in all other property or rights appertaining thereto which 
said parish has or is entitled to, including all monies and 
funds belonging to the said society; provided, that a ma- 
jority of the legal voters of said society present and voting 
thereon shall vote so to do at an annual meeting or at any 
meeting duly called for that purpose. 

Section 2. A deed or deeds of conveyance under au- 
thority of this act may be executed and delivered on behalf 
of said parish by any person or persons thereunto authorized 
by it. 

Section 3. Whatever authority is granted by this act is 
hereby declared to be limited to such authority as the gen- 
eral court may constitutionally grant, without prejudice to 
any proceeding that may be instituted in any court of com- 
petent jurisdiction to effect the purposes of this act. 

Approved May 2, 191^1. 

An Act authorizing the Worcester polytechnic insti- O'Ur,^ 2S9 
tute to hold additional real and personal estate. ^* 

Be it enacted, etc., as follows: 

Section one of chapter seventy -seven of the acts of eighteen 
hundred and ninety-two, as most recently amended by 
chapter one hundred and seventy-nine of the acts of nine- 
teen hundred and twenty-six, is hereby further amended 
by striking out, in the fifth line, the word "ten" and insert- 
ing in place thereof the word: — fifteen, — so as to read as 
follows : — Section 1 . The Worcester Polytechnic Institute 
is hereby authorized to receive by gift, devise, bequest or 
otherwise, and to hold and use for the purposes for which 
said institute was incorporated, real and personal estate to 
an amount not exceeding fifteen million dollars. 

Approved May 2, 1941. 



186 Acts, 1941. — Chap. 240. 



Chap. 240 An Act incorporating new England deposit library, 

REGULATING THE OPERATION OF SAID LIBRARY AND AUTHOR- 
IZING CERTAIN PARTICIPATING INSTITUTIONS, SO CALLED, 
TO MAKE USE OF ITS FACILITIES. 

Emergency Whereas, Rapidly rising building costs make it desirable 

pream e. .^ ^j^^ pubHc interest that the building construction contem- 
plated by this act be undertaken as promptly as possible to 
the end that various non-profit libraries now in urgent need 
of additional book storage space may not be delayed in 
obtaining the same, therefore this act 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. Dennis A. Dooley, state librarian; Milton 
E. Lord, director of the PubUc Library of the City of Boston, 
hereafter called the Boston Public Library; Elinor Gregory, 
Hbrarian of the Boston Athenaeum; Allyn B. Forbes, libra- 
rian of the Massachusetts Historical Society; William J. 
Murphy, president of Boston College; Daniel L. Marsh, 
president of Boston University; Keyes D. Metcalf, director 
of the Harvard University Library; WiUiam N, Seaver, 
librarian of Massachusetts Institute of Technology; and 
their respective successors in such offices, together with such 
other persons as may be elected as provided in section three 
to represent other libraries, or as otherwise may be associated 
with them or succeed them, are hereby constituted and made 
a corporation by the name of New England Deposit Library 
for the purposes of providing and maintaining, in such man- 
ner and to such extent as the governing board of said cor- 
poration shall determine, a place or places of deposit and 
storage of books, pamphlets, photographs, music scores, 
phonograph records, moving picture films and other articles 
or documents containing written or printed matter belonging 
to or in the possession of libraries operated by the United 
States, by the commonwealth or any other state, by any city 
or town, by any subdivision, board or agency of the common- 
wealth or of any other state or of any city or town, by 
any non-profit institution, or by any literary, educational, 
charitable, religious or scientific society, corporation, associa- 
tion or trust, and of providing library facilities and services 
of any kind or description with respect to such books and 
other articles. 

The objects of the corporation hereby created shall be 
exclusively charitable, educational, scientific and literary, 
and said corporation shall have perpetual existence, until 
and unless dissolved in accordance with law. 

No funds of said corporation shall be distributed among 
its own members, but all such funds shall be devoted solely 
to the carrying out of the purposes for which said corpo- 
ration is created. Said corporation shall have no capital 
stock. 



Acts, 1941. — Chap. 240. 187 

Section 2. Said corporation shall have authority to hold 
for the purposes aforesaid real and personal estate in any 
amount, which estate or its income shall be devoted to the 
purposes set forth in this act or to such other charitable, 
educational, scientific or literary purposes as the corpora- 
tion may be permitted to engage in by lawful amendment 
of its charter. All property of said corporation, however 
received or acquired, and all bequests, devises or gifts to 
said corporation, shall be deemed to be for or held for valid 
charitable purposes. 

Section 3. The incorporators named in section one and 
their successors in the offices which in said section they are 
respectively described as occupying shall constitute the 
members of said corporation, and said members may from 
time to time in their discretion elect, by a two thirds vote 
of all the members for the time being, as additional mem- 
bers not more than one person to represent each library 
which may be admitted by the governing board of said cor- 
poration to the use of the faciUties and services of said cor- 
poration. The members of said corporation as such shall 
have only such powers as are expressly granted to them by 
this act. 

The term "participating institution" when used in this 
act shall be deemed to refer to any body politic, city or 
town, public board or agency, non-profit institution, library, 
or hterary, educational, charitable, religious or scientific 
society, corporation, association or trust (a) which is ex- 
pressly mentioned in section one of this act or which main- 
tains a Hbrary which has been admitted by the governing 
board of said corporation to the use of the facilities and 
services of said corporation, and (6) which continues to 
utilize such facilities and services. No library, institution, 
society, corporation, association or trust formed to engage 
in business for profit shall become a participating institu- 
tion. Unless otherwise provided by a contract with said 
corporation, any participating institution may cease to be 
such and may cease to utilize the facilities and services of 
said corporation by dehvering to said corporation, addressed 
to its treasurer, six months' written notice of its intention 
to cease to be a participating institution upon a date stated 
in said notice; provided, that the state library, the Boston 
Public Library, the commonwealth or any city, town or sub- 
division thereof, or any department, board or agency of the 
commonwealth or of any city, town or subdivision thereof 
may cease to be a participating institution at any time by 
delivering to said corporation not less than one hundred 
and twenty days' written notice of intention to cease to be 
a participating institution upon a date stated in the notice. 

Whenever any participating institution shall cease to 
utilize the facihties and services of said corporation, any mem- 
ber or members of the corporation representing such insti- 
tution shall cease to be such members. The determination 
of two thirds of the members of the governing board shall 



188 Acts, 1941. — Chap. 240. 

be final as to the right of any person to remain a member 
of said corporation. The governing board may provide by 
regulation for the disposition of books and other material 
deposited with it by participating institutions ceasing to 
utilize the facilities and services of the corporation, which 
fail to remove such books and material after reasonable 
notice. 

The whole control and government of said corporation, 
subject only to the powers expressly granted by this act 
to its members, shall be vested in a governing board con- 
sisting of seven directors. Until and including February 
first, nineteen hundred and forty-six, or until their respec- 
tive successors as directors are duly elected and qualified, 
the directors shall be the individuals respectively occupying 
each of the following positions, viz., state librarian, librarian 
of the Boston Athenaeum, director of the Boston PubHc 
Library, librarian of Boston College, librarian of the library 
of the College of Liberal Arts of Boston University, director 
of the Harvard University Library and the librarian of 
Massachusetts Institute of Technology and their respective 
successors from time to time in said offices, and such indi- 
viduals shall continue to be directors or to be entitled to 
serve as such only while occupying such positions. After 
February first, nineteen hundred and forty-six, and so long 
as the state library and the Boston Public Library, respec- 
tively, shall continue to be participating institutions, the 
individuals occupying the offices of state librarian and direc- 
tor of the Boston Public Library, respectively, and their re- 
spective successors from time to time in the said offices, while 
occupying said offices, shall each be directors of said cor- 
poration, and the remaining five directors shall be selected 
in the manner hereinafter provided in this section. If the 
state library or the Boston Public Library, respectively, 
shall at any time cease to be participating institutions, the 
state librarian or the director of the Boston Public Library, 
respectively, as the case may be, shall cease to be a director, 
and thereafter, for each of said two institutions ceasing to 
be a participating institution, an additional director shall 
be elected at each election in the manner hereinafter pro- 
vided in this section. From and after February first, nine- 
teen hundred and forty-six, the five directors remaining to 
be elected, and any additional director or directors to be 
elected by reason of the fact that the state library and the 
Boston Public Library, or either of them, shall have ceased 
to be participating institutions, shall be chosen at five year 
intervals, as hereinafter provided, by the members of said 
corporation other than the members representing the state 
library and the Boston Public Library, which institutions 
so long as they severally are participating institutions shall 
be represented by the state librarian and the director of the 
Boston Public Library, respectively, as aforesaid. In any 
such election the members entitled to vote shall have voting 
power in proportion to the use of the facilities and services 



Acts, 1941. — Chap. 240. 189 

of said corporation for which each participating institution 
which they severally represent shall have been paying, as 
determined by the governing board as of November first of 
the year next prior to the year in which such election shall 
be held; provided, that no member representing any par- 
ticipating institution shall be entitled to exercise more than 
forty per cent of the total voting power at any such elec- 
tion. The first such election shall be held at a meeting of 
the members of the said corporation to be held at such 
time as the governing board shall select, not later than 
February first, nineteen hundred and forty-six, or at a 
meeting called thereafter in lieu of such meeting if by in- 
advertence or otherwise such meeting shall not be called 
seasonably. Every subsequent election shall take place at 
a meeting to be called by the governing board in January 
of every fifth year following the year nineteen hundred and 
forty-six, or at a meeting in lieu of such meeting if by in- 
advertence or otherwise such meeting shall not be called 
seasonably. Such directors so elected shaU serve for terms 
expiring five years from February first in the year of their 
election and until their respective successors are elected and 
quaUfied. Whenever a vacancy shall occur in the elected 
membership of said governing board, the remaining direc- 
tors may M such vacancy for the balance of the unexpired 
term. Any vacancy which may exist in the governing board 
from time to time by reason of the fact that there is for the 
time being no occupant of an office, the holder of which is 
ex-ofiicio a member of the governing board, may be filled 
for so long as such condition exists by the remaining direc- 
tors, and any other vacancy occurring prior to February 
first, nineteen hundred and forty-six, may be filled by the 
remaining drrectors until such date. No person shall be 
ehgible to election as a director or shall continue to be a 
director who is not a member of said corporation or a trus- 
tee, officer or librarian or a member of the faculty or the 
teaching staff of a participating institution. Any member 
of the corporation may vote on any matter at any meeting 
of the members of the corporation either in person or by 
written proxy given as of a date not more than six months 
prior to such meeting. 

Section 4. Said governing board shall elect a president, 
a treasurer, a clerk and such other officers as they may deem 
necessary, and may prescribe their duties, and may, but 
need not, require the treasurer to give bond with satisfac- 
tory sureties in such sum as in their discretion they may 
deem wise and expedient. The directors of said corporation 
shall not be entitled to any compensation for their services 
as such directors, but may by vote of the governing board 
be granted and paid their reasonable traveling and other 
expenses incurred in the service or work of said corpora- 
tion, but no bill for such expenses shall be submitted or 
paid unless it has first been approved by the treasurer of 
said corporation. 



100 * Acts, 1941. — Chap. 240. 

Section 5. The governing board may from time to time 
make, adopt, alter, amend and repeal by-laws and rules and 
regulations consistent with law for the conduct of the af- 
fairs and services of said corporation. Said governing board, 
with the approval of a majority of the members present at 
a meeting of the members called for the purpose, may effect 
any amendment of the charter or purposes of said corpo- 
ration which a corporation formed for similar purposes 
under chapter one hundred and eighty of the General Laws 
could lawfully effect. Said corporation shall have all the 
powers and privileges, and be subject to all the restrictions, 
duties and liabilities, set forth in all general laws now or 
hereafter in force relating to such corporations, except as 
otherwise provided herein. Said corporation shall not be 
subject to sections one to six, inclusive, and sections twelve, 
twenty-six and twenty-six A of chapter one hundred and 
eighty of the General Laws. In addition to all other powers 
granted by this act and by the provisions of the General 
Laws, said corporation shall have the following powers: 

(a) To furnish, lease or rent storage space and library 
facilities to participating institutions; 

(6) To purchase, convey or lease real and personal prop- 
erty within or beyond the limits of the commonwealth as 
may be necessary or expedient for the purposes of its or- 
ganization; 

(c) To carry on such activities consistent with its cor- 
porate purposes as may be convenient or desirable, either 
within or beyond the limits of the commonwealth, including, 
without limitation of the foregoing, the maintenance of a 
service of delivery of books and other articles deposited with 
it to depositors and others by messenger, mail or otherwise; 

(d) To make contracts, incur liabilities and borrow money 
from any person or persons, including without limitation 
any participating institution other than the commonwealth 
or a subdivision or agency thereof or any city or town, on 
the credit of said corporation and for its use, and to mort- 
gage or pledge any of its real or personal property to secure 
loans, but no mortgage of any real estate of the corporation 
shall be made except upon the affirmative vote of two thirds 
of the members of the governing board at a meeting of said 
board called for the purpose; 

(e) To have perpetual succession in its corporate name; 
(/) To receive, accept, purchase, or otherwise acquire, 

hold, administer and dispose of property of any kind and 
description which at any time and from time to time may 
or shall be given, devised, bequeathed, conveyed, sold, trans- 
ferred or assigned to said corporation in connection with or 
for or in furtherance of the purposes and objects to be served 
and accomplished by the creation of the corporation, or any 
of them ; 

(g) To publish, purchase, sell, circulate and distribute, 
in such manner as the governing board shall from time to 
time deem expedient, any and all educational, literary, 



Acts, 1941. — Chap. 240. 191 

scientific or scholarly publications, books, catalogs and 
periodicals dealing with the books and other material de- 
posited in said library or available in participating and other 
libraries. 

Section 6. If and to the extent that such authorization 
may be necessary or expedient, the President and Fellows 
of Harvard College are hereby given full authority from 
time to time in their discretion to convey or to lease to 
said corporation, either without consideration or upon such 
terms and conditions as may be agreed upon by said cor- 
poration and said President and Fellows, the whole or any 
part of any land in the Brighton district of Boston lying in 
general northeasterly of the junction of Cambridge and Win- 
dom streets and within fifteen hundred feet of said junction 
which said President and Fellows may now own or may 
hereafter acquire, or any other land in the commonwealth 
owned by them, and in the discretion of said President and 
Fellows, not required for the corporate purposes of said 
President and Fellows, but nothing in this section shall be 
construed as requiring any such conveyance or lease. 

The said land while owned or leased by said corporation 
and all property, real or personal, and income of said cor- 
poration and all books, pamphlets, documents, or other 
articles deposited with said corporation and owned by said 
corporation or by any participating institution shall be 
exempt from taxation by the commonwealth or any agency 
or subdivision thereof or by any city or town. Said corpo- 
ration shall not be subject to any tax upon or with respect 
to its income or corporate franchise. 

Section 7. Full power and authority are hereby given 
to the trustees of the state library, the trustees of the Boston 
Public Library, and to any city or town or any other sub- 
division, board, department or agency of the commonwealth 
or of any of its cities, towns or subdivisions, or to any board 
having custody of any publicly owned library and to any 
charitable, educational, scientific, religious, or literary corpo- 
ration, institution, association or trust, and to any participat- 
ing institution, and to the directors, trustees, librarians and 
other officers of any of the foregoing 

(1) To deposit with said corporation any books, pam- 
phlets, documents, or other articles which the governing 
board of said corporation is willing to receive; 

(2) To participate as provided in this act, but subject 
to and in accordance with the duly adopted by-laws or rules 
and regulations of said corporation, in the management of 
said corporation and to hold office in said corporation; 

(3) To make contracts with said corporation for the stor- 
age of books, pamphlets and other articles and for library 
facilities and service connected therewith for such term or 
period as they or any of them and said corporation may 
deem proper and to pay therefor a reasonable charge, which 
in the case of the commonwealth or any subdivision thereof, 
of any city or town or of any board, department or agency 



192 Acts, 1941. — Chap. 240. 

of the commonwealth or any subdivision thereof, shall not 
exceed a reasonable charge based upon an equitable alloca- 
tion, as determined by the governing board in accordance 
with any applicable by-laws or rules or regulations which 
it may adopt, (a) of the operating and maintenance expenses 
of said corporation, including reasonable repair, deprecia- 
tion and contingency reserves, and (6) of the expenses of 
debt service, insurance of the structures and equipment 
owned by said corporation and amortization of loans in- 
curred for buildings, library equipment and other facilities 
provided by said corporation; 

(4) Except in the case of the commonwealth or any sub- 
division thereof, or of any city or town, or of any board, 
department or agency of the commonwealth or any subdi- 
vision thereof, or any city or town, to make grants or gifts 
to said corporation in aid of the construction or provision 
of storage or library facilities, buildings and equipment, the 
amount and nature of which contributions may be taken 
into account in such manner as the governing board may 
determine in fixing the amount of any charges for storage 
and library facilities and service to the participating insti- 
tution making such grant or gift; provided, that the fore- 
going provision shall not be deemed to authorize any ex- 
penditures of funds held upon specific trust which by the 
terms of such trust may not properly be expended for such 
purpose. 

Nothing in this act shall be construed to require said 
corporation to permit any library, city, town, body politic, 
or public agency, or any corporation, institution, association 
or trust to utilize the facilities of said corporation, unless 
the governing board shall approve such use and then only 
subject to the bj^-laws and rules and regulations of said 
corporation and to such terms and conditions as the govern- 
ing board may determine. The trustees of the state library 
and the state librarian shall have full authority to deposit 
books and other articles with said corporation notwith- 
standing the provisions of sections thirty-three to thirty-nine, 
inclusive, of chapter six of the General Laws. Any con- 
tract made with said corporation by or in behalf of the 
state library or with respect to books or other property in 
the custody of the state librarian or of any other agency, 
department or board of the commonwealth shall be subject 
to approval by the board of trustees of the state library. 
Any contract made with said corporation with respect to 
books or other property of the Boston Public Library shall 
be subject to approval by the board of trustees of said li- 
brary. Any contract made with said corporation by any 
city or town or other subdivision of the commonwealth or 
by any board or agency of any such city, town or subdivi- 
sion, shall be subject to approval by the board or officers 
having power to make contracts with respect to the same. 
Any contract made by or in behalf of the commonwealth 
or any city, town or subdivision thereof or of any depart- 



Acts, 1941. — Chap. 241. 193 

ment, board or agency of the commonwealth or of any citj'', 
town or subdivision thereof shall contain a provision that 
the payment of storage charges, or rents, or of any fee for 
library facilities and services, shall be made only from valid 
appropriations made or thereafter to be made from which 
the payment of such charges, rents and fees can properly 
be made. Any books, pamphlets, documents, records or 
other articles deposited with said corporation or in a build- 
ing owned or used by said corporation shall remain the 
property of and shall be held on deposit wholly at the risk 
of the participating institution making such deposit or other 
owner, unless the depositor or owner shall transfer title to 
such books, pamphlets, documents or other articles to said 
corporation. Nothing in this act shall be construed to pre- 
vent the state library, the Boston Public Library, the com- 
monwealth or any city, town or subdivision thereof or any 
department, board or agency of the commonwealth or of 
any city, town or subdivision thereof from ceasing to be a 
participating institution at any time in the manner pro- 
vided in section three. 

Section 8. The provisions of the various sections of this 
act are hereby declared to be separable and if any such pro- 
vision, or the application of such provision to any person 
or circumstance, shall be held to be invalid or unconstitu- 
tional, such invalidity or unconstitutionality shall not be 
construed to affect the validity or constitutionality of any 
of the remaining provisions of said sections or the applica- 
tion of such provision to persons or circumstances other 
than those as to which it is held invalid. It is hereby de- 
clared to be the legislative intent that said sections would 
have been enacted had such invalid or unconstitutional pro- 
vision not been included therein. Without limitation of the 
foregoing, it shall not affect the validity of any of the other 
provisions of this act, or the validity of any provision of 
this act with respect to any other person, if it shall be held 
that any participating institution or any officer of any par- 
ticipating institution or any public body or officer, notwith- 
standing the provisions of this act, is without authority to 
do any act or thing or to make any expenditure or grant or 
to carry out any duty or power or exercise any authority, 
which this act or any provision of this act purports to author- 
ize or require. Approved May 5, 19Jfl. 



Chap.2^1 



An Act further regulating the payment of the 
charges and expenses of burial of certain insane 
and spendthrift wards. 

Be it enacted, etc., as follows: 

Chapter two hundred and one of the General Laws is g. l. (Ter. 
hereby amended by striking out section forty-eight A, as j^tsAf"^' 
appearing in the Tercentenary Edition, and inserting in amended, 
place thereof the following section: — Section 4-8 A. Upon Provision for 
application therefor by a conservator or by a guardian of an of"^Md?'^''*^ 



194 Acts, 1941. — Chap. 242. 

insane person or a spendthrift, whose ward is a resident of 
the commonwealth, the probate court, after such notice as 
it deems necessary, and a hearing, may authorize such con- 
servator or guardian to deposit, for the purpose hereinafter 
stated, in a savings bank, or in the savings department of 
a trust company, within the commonwealth, a sum hot ex- 
ceeding one hundred and fifty dollars, to be expended solely 
for, or towards the expense of, the burial of his ward. Such 
deposit shall be made in the name of the judge of probate 
for the time being, and shall be subject to the order of the 
judge and of his successors in office. The person making 
such deposit shall file in the probate court a memorandum 
thereof and the deposit book, and the amount so deposited 
shall, for the purpose of the accounting by such guardian or 
conservator, be allowed as a payment. Upon the death of 
such ward, the probate court may, upon application and 
after like notice and hearing, order the payment of such de- 
posit, together with any accrued interest thereon, herein- 
after referred to as such deposit, to the executor of the will 
of such ward or to the administrator of his estate, to be 
expended by him only for the purpose hereinbefore stated, 
and, in case no executor or administrator is appointed, said 
court may order payment from such deposit, to any under- 
taker or other person, of any charge for such burial or sum 
expended therefor which it finds to be proper, but not ex- 
ceeding the amount of such deposit, or may apportion such 
deposit between several claimants for such charges or ex- 
penses ; provided, that any balance remaining after the pay- 
ment of such charges or expenses shall become general assets 
of the estate. Approved May 5, 1941. 



Chap. 242 An Act to extend the remedy of summary process for 

POSSESSION OF LAND SO AS TO PERMIT THE RECOVERY OF 
POSSESSION OF LAND AFTER A TAX TITLE FORECLOSURE. 

Be it enacted, etc., as follows: 

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

H.^amended. thirty-nine of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by inserting after the 
word "otherwise" in the seventh line the following: — , or 
if a tax title has been foreclosed by decree of the land court, 
Persons — so as to read as follows : — Section 1. If a forcible entry 

summary" into land or tenements has been made, if a peaceable entry 
process. jjg^ been made and the possession is unlawfully held by 

force, if the lessee of land or tenements or a person holding 
under him holds possession without right after the deter- 
mination of a lease by its own limitation or by notice to 
quit or otherwise, or if a mortgage of land has been fore- 
closed by a sale under a power therein contained or other- 
wise, or if a tax title has been foreclosed by decree of the 
land court, the person entitled to the land or tenements may 
recover possession thereof under this chapter. A person in 



Acts, 1941. — Chaps. 243, 244. 195 

whose favor the land court has entered a decree for con- 
firmation and registration of his title to land may in like 
manner recover possession thereof, except where the per- 
son in possession or any person under whom he claims has 
erected buildings or improvements on the land, and the land 
has been actually held and possessed by him or those under 
whom he claims for six years next before the date of said 
decree or was held at the date of said decree under a title 
which he had reason to believe good. 

Section 2. Said chapter two hundred and thirty-nine is g. l. (Ter. 
hereby further amended by inserting after section six, as so new section 
appearing, the following new section : — Section 6 A . If the ^^' added, 
action is for the possession of land after foreclosure of a tax ^""^ subject, 
title thereon, the condition of the bond shall be for the f^redoswe'*'* 
entry of the action and payment to the plaintiff, if final judg- 
ment is in his favor, of all costs and of a reasonable amount 
as rent of the land from the day when the tax title was 
foreclosed until possession of the land is obtained by the 
plaintiff, and of all damage and loss which he may sustain 
by the withholding of possession of the land or tenements 
demanded and by any injury done thereto during such 
withholding. Approved May 5, 1941. 



An Act relating to the insurance that may be writ- Chav. 24.S 

TEN BY A COMPANY EMPOWERED TO WRITE ACCIDENT OR 
HEALTH INSURANCE. 

Be it enacted, etc., as follows: 

Clause Sixth of section forty-seven of chapter one hun- g. l. (Ter. 
dred and seventy-five of the General Laws, as appearing in § 47/ ci. sixth, 
the Tercentenary Edition, is hereby amended by adding at amended, 
the end the following new paragraph : — 

A policy issued to an individual under subdivision (a) or Health, etc., 

11 '•'/7\ 1 • l"l''ll- inoiiroTi/^o 

subdivision (a) may also insure such individual m respect 
to medical, surgical and hospital expenses of members of his 
or her family. Approved May 5, 1941. 



inaiirance. 



An Act authorizing dean academy to use the name of Chap.24A 

DEAN academy AND JUNIOR COLLEGE. 

Be it enacted, etc., as follows: 

Dean Academy, a corporation incorporated by chapter 
one hundred and seven of the acts of eighteen hundred and 
sixty-five, may use the name of Dean Academy and Junior 
College, and said corporation may use the designation of 
"junior college" as aforesaid notwithstanding the provisions 
of section six A of chapter three of the General Laws, in- 
serted by section two of chapter four hundred and twenty- 
four of the acts of nineteen hundred and thirty-nine, and 
of section eighty-nine of chapter two hundred and sixty-six 
of the General Laws. Approved May 5, 1941. 



196 Acts, 1941. — Chaps. 245, 246, 247. 



Chap. 24:5 An Act relative to the use by house in the pines as- 
sociation OF THE NAME HOUSE IN THE PINES JUNIOR 
COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. House in the Pines Association, a corpora- 
tion incorporated under general law and maintaining two 
divisions for the education of girls, namely, a college pre- 
paratory division known as Cornish School for Girls, and a 
division of the grade of the first two years of a college course, 
known as House in the Pines, may use the name of House 
. in the Pines Junior College, as applying to the last men- 
tioned division, and said corporation may use the designa- 
tion of "junior college" as aforesaid notwithstanding the 
provisions of section six A of chapter three of the General 
Laws, inserted by section two of chapter four hundred and 
twenty-four of the acts of nineteen hundred and thirty-nine, 
and of section eighty-nine of chapter two hundred and sixty- 
six of the General Laws. 

Section 2. The use of the name of House in the Pines 
Junior College by said corporation prior to the effective date 
of this act is hereby validated. Approved May 5, 1941. 



Chap. 24:6 An Act authorizing emerson college to grant the 

degree of master of arts. 

Be it enacted, etc., as follows: 

Emerson College, in addition to any degree it is otherwise 
authorized to grant, may grant the degree of Master of Arts 
to students properly accredited and recommended by a 
majority of its faculty; provided, that said degree shall not 
be granted to any person unless such person shall have re- 
ceived a baccalaureate degree and, after having received 
such degree, shall have completed at least one year's course 
of instruction in said college. Approved May 5, 1941. 

Chap. 247 An Act prohibiting persons financially interested in 
theatrical exhibitions from engaging in the sale 
and resale of tickets to places of public amuse- 
ment in certain cases. 

Be it enacted, etc., as follows: 

g. l. (Ter. Sectiou oue hundred and eighty-five A of chapter one 

usslfetc, hundred and forty of the General Laws, as amended by 
amended. chapter two hundred and seventy-nine of the acts of nine- 

teen hundred and thirty-six, is hereby further amended by 
adding at the end the following new paragraph : — 

Resale of No pcrsou shall engage in or have any interest, as a stock- 

theatre tickets. Ill ,1 . . 11 ••ii liP 

holder or otherwise, m any such busmess m the conduct of 
which is or are resold any ticket or tickets of admission or 
other evidence or evidences of right of entry to any the- 



Acts, 1941. — Chaps. 248, 249. 197 

atrical exhibition, public show or pubHc amusement or ex- 
hibition of which said person is the owner or in which he 
has any interest, as a stockholder or otherwise. 

Approved May 6, 1941. 



An Act to authorize the town of granby to borrow 
money for the purpose of building, equipping and 
furnishing a school building. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and origi- 
nally equipping and furnishing a school building, the town 
of Granby 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 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Granby School 
Loan, Act of 1941. 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 and 
shall, except as provided herein, be subject to chapter forty- 
four of the General Laws, exclusive of the limitation con- 
tained in the first paragraph of section seven thereof. 

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

Approved May 8, 1941. 

An Act reducing the rate of interest on certain 

SEWER assessments IN THE TOWN OF MANSFIELD. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter three hundred and 
forty-eight of the acts of nineteen hundred and twenty-nine 
is hereby amended by striking out, in the thirteenth line, 
the word "six" and inserting in place thereof the word: — 
four, — so as to read as follows : — Section 5. The town 
shall, by vote, determine what proportion of the cost of 
said system or systems of sewerage and sewage disposal the 
town shall pay; provided, that it shall pay not less than 
one fourth nor more than two thirds of the whole cost. In 
providing for the payment of the remaining portion of the 
cost of said system or systems or for the use of said system 
or systems, the town may avail itself of any or all of the 
methods permitted by general law, and the provisions of 
general law relative to the assessment, apportionment, divi- 
sion, reassessment, abatement and collection of sewer as- 
sessments, to liens therefor and to interest thereon shall 
apply to assessments made under this act, except that in- 
terest shall be at the rate of four per cent per annum. At 
the same meeting at which the town determines the propor- 
tion of the cost which is to be borne by it, it may by vote 
determine by which of such methods the remaining portion 



Chap. 2^8 



Chap.249 



198 Acts, 1941. — Chaps. 250, 251, 252. 

of said cost shall be provided for. The collector of taxes of 
said town shall certify the payment or payments of such 
assessments or apportionments thereof to the selectmen, 
who shall preserve a record thereof. 

Section 2. Said town shall refund to any person who 
has heretofore paid interest at the rate of six per cent under 
said chapter three hundred and forty-eight one third of the 
amount of interest so paid by him, without any interest 
from the time of such payment, upon application in writing 
filed within six months after the passage of this act. 

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

Approved May 8, 1941. 



Chap. 2d0 An Act authorizing club of the French sharp shoot- 
ers OF NEW BEDFORD, MASS. TO MAINTAIN TWO LODGES 
having A REPRESENTATIVE FORM OF GOVERNMENT. 

Be it enacted, etc., as follows: 

Club of the French Sharp Shooters of New Bedford, 
Mass., incorporated under general law on September twenty- 
sixth, eighteen hundred and ninety-two, and presently trans- 
acting business as a limited fraternal benefit society under 
section forty-six of chapter one hundred and seventy-six 
of the General Laws, is hereby authorized to maintain two 
lodges having a representative form of government, as such 
term is defined in section three of said chapter. 

Approved May 8, 19^1. 



Chap. 251 An Act authorizing the trustees for eastern naza- 

RENE COLLEGE TO GRANT CERTAIN DEGREES. 

Be it enacted, etc., as follows: 

The Trustees for Eastern Nazarene College, a corporation 
incorporated by chapter five hundred and six of the acts of 
nineteen hundred and twenty, is hereby authorized to con- 
fer degrees of bachelor of science, bachelor of theology and 
bachelor of arts in theology. Approved May 8, 1941. 



Chap. 252 An Act enlarging the power of the town of scituate 
TO raise by taxation money for the maintenance and 
improvement of the scituate water company, now 
owned and operated by said town. 

Be it enacted, etc., as follows: 

Section ten of chapter three hundred and ninety-one of 
the acts of eighteen hundred and ninety-three is hereby 
amended by striking out, in the fourteenth and fifteenth 
lines, the words ", not exceeding three thousand dollars in 
any one year", — so as to read as follows: — Section 10. 
After the purchase of said franchise and corporate property, 
as herein provided, the said town shall raise annually by 



Acts, 1941. — Chaps. 253, 254. 199 

taxation a sum which with the income derived from the sale 
of water shall be sufficient to pay the current annual ex- 
penses of operating its water works and the interest accruing 
on the bonds issued by said town, together with such pay- 
ments on the principal as may be required under the pro- 
visions of this act. Said town is further authorized by assent 
of two thirds of the voters of said town present and voting 
thereon at a legal meeting called for the purpose, to raise by 
taxation any sum of money for the purpose of enlarging or 
extending its water works and providing additional appli- 
ances and fixtures connected therewith. 

Approved May 8, 1941 • 

An Act authorizing the trustees of Leicester academy Qhn^ o^S 

TO use the name of LEICESTER JUNIOR COLLEGE. ^' 

Be it enacted, etc., as follows: 

The Trustees of Leicester Academy, incorporated by an 
act entitled "An Act to Incorporate an Academy in the town 
of Leicester, by the Name of Leicester Academy", and ap- 
proved March twenty-third, seventeen hundred and eighty- 
four, may use the name of Leicester Junior College in con- 
nection with the two year course in the school of business 
administration conducted by said trustees at said academy, 
and said corporation may use the designation of "junior 
college" as aforesaid notwithstanding the provisions of sec- 
tion six A of chapter three of the General Laws, inserted 
by section two of chapter four hundred and twenty-four of 
the acts of nineteen hundred and thirty-nine, and of section 
eighty-nine of chapter two hundred and sixty-six of the 
General Laws. Approved May 8, 1941. 

An Act authorizing Cambridge school of liberal arts, Qhnr) 254 

INC. to use the name of CAMBRIDGE JUNIOR COLLEGE. 

Be it enacted, etc., as follows: 

Cambridge School of Liberal Arts, Inc., a corporation 
incorporated under general law in the year nineteen hundred 
and thirty-six, may use the name. of Cambridge Junior Col- 
lege, and said corporation may use the designation of "junior 
college" as aforesaid notwithstanding the provisions of sec- 
tion six A of chapter three of the General Laws, inserted by 
section two of chapter four hundred and twenty-four of the 
acts of nineteen hundred and thirty-nine, and of section 
eighty-nine of chapter two hundred and sixty-six of the 
General Laws. Approved May 8, 1941 , 



200 Acts, 1941. — Chap. 255. 



Chap. 255 An Act authorizing the town of ayer to construct 

AND OPERATE A SYSTEM OR SYSTEMS OF SEWERS. 

Be it enacted, etc., as follows: 

Section 1. The town of Ayer, in this act referred to as 
said town, may lay out, construct, maintain and operate a 
system or systems of main drains and common sewers for a 
part or the whole of its territory, with such connections and 
other works as may be required for a system of sewage dis- 
posal, and may construct such sewers or drains over or 
under land in said town as may be necessary to conduct the 
sewage to filter beds and treatment works, and, for the pur- 
pose of providing better surface or other drainage, may 
make, lay and maintain such drains as it deems best. 

And for the purposes aforesaid, said town may, within 
its limits, make and maintain sub-drains, and, with the ap- 
proval of the department of public health, discharge the 
waiter from such sub-drains into any brook, stream or water 
course within said town. 

Section 2. Said town may make and maintain in any 
way therein where main drains or common sewers are con- 
structed, such connecting drains, under-drains and sewers 
within the limits of such way as may be necessary to con- 
nect any estate which abuts upon the way. 

Section 3. Said town may, at any annual town meet- 
ing, after its acceptance of this act as hereinafter provided, 
vote to elect a board of sewer commissioners, and if it so 
votes at such meeting it shall elect by ballot at the next 
succeeding annual town meeting a board of three sewer com- 
missioners who shall be citizens of said town, to hold office, 
one until the expiration of one year, one until the expira- 
tion of two years, and one until the expiration of three years, 
from such meeting at which they are elected, and until their 
successors are qualified; and thereafter at each annual town 
meeting said town shall elect one member of the board to 
serve for three years and until his successor is qualified. 

Said town may, at any time thereafter, by any and all 
the methods permitted by general law, provide that the 
selectmen may act as a board of sewer commissioners or 
that a board of sewer commissioners be elected. 

Section 4. Upon the acceptance of this act by said 
town, and until the election and qualifying of a board of 
sewer commissioners as hereinbefore provided, the select- 
men shall act as and constitute the board of sewer com- 
missioners. Whenever the phrase "said board of sewer 
commissioners" or "said board" hereinafter occurs it shall 
mean and include the board of sewer commissioners or the 
selectmen acting as such, as the case may be. 

Section 5. Said board of sewer commissioners, acting 
for and on behalf of said town, may take by eminent do- 
main under chapter seventy-nine of the General Laws, or 
acquire by purchase or otherwise, any lands, water rights, 



Acts, 1941. — Chap. 255. 201 

rights of way or easements, public or private, in said town, 
necessary for accomplishing any purpose mentioned in this 
act, and may construct such main drains and sewers, sub- 
drains and under-drains under or over any bridge, railroad, 
railway, boulevard or other public way, or within the loca- 
tion of any railroad, and may enter upon and dig up any 
private land, public land or railroad location, for the pur- 
pose of laying such drains and sewers and of maintaining 
and repairing the same, and may do any other thing proper 
or necessary for the purposes of this act; provided, that 
they shall not take in fee any land of a railroad corpora- 
tion, and that they shall not enter upon or construct any 
drain or sewer within the location of any railroad corpora- 
tion except at such time and in such manner as they may 
agree upon with such corporation, or, in case of failure to 
agree, as may be approved by the department of public 
utilities. 

Section 6. Any person injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said town under said chapter 
seventy-nine. 

Section 7. Said town shall, by vote, determine what 
proportion of the cost of said system or systems of sewerage 
and sewage disposal said town shall pay. If said town votes 
to pay a proportion less than the whole cost, in providing 
for the payment of the remaining portion of the cost of said 
system or systems said town may avail itself of any or all 
of the methods permitted by general laws, and the provi- 
sions of said general laws relative to the assessment, appor- 
tionment, division, reassessment, abatement and collection 
of sewer assessments, to liens therefor and to interest thereon, 
shall apply to assessments made under this act. At the same 
town meeting at which said town determines the proportion 
of the cost which is to be borne by it, it may by vote deter- 
mine by which of such methods the remaining portion of 
said cost shall be provided for. The collector of taxes of said 
town shall certify the payment or payments of such assess- 
ments or apportionments thereof to said board, who shall 
preserve a record thereof. 

Section 8. For the purpose of pa5ang the necessary ex- 
penses and liabilities incurred under this act said town may 
borrow such sums as may be necessary, not exceeding, in the 
aggregate, seventy-five thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face, the 
words, Ayer Sewerage Loan, Act of nineteen hundred and 
forty-one. Each authorized issue shall constitute a separate 
loan. 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. 

Section 9. Said town may connect its sewers or force 
mains with the sewerage system of Fort Devens if an agree- 
ment therefor shall have been made by the federal govern- 
ment and said town. Any such agreement shall state the 



202 Acts, 1941.— Chap. 255. 

terms and conditions upon which such a connection is to be 
made and shall be recorded in the office of the town clerk. 
Such an agreement may provide for the payment by said 
town of a stated sum at the time when the connection is 
made, or for a yearly paj'^ment beginning in the year in which 
the connection is made, or both. Such payments may be 
based upon the relative quantities of sewage contributed for 
treatment by said federal government and by said town. 

Section 10. The receipts from sewer assessments and 
from payments made in lieu thereof shall be appropriated for 
the payment of charges and expenses incident to the main- 
tenance and operation of said system or systems of sewerage 
and sewage disposal or to the extension thereof, to the pay- 
ment of interest upon bonds or notes issued for sewer pur- 
poses, or to the payment of such bonds or notes. 

Section 11. Said board of sewer commissioners may 
annually appoint a clerk and may appoint a superintendent 
of sewers who shall not be a member of the board. It may- 
remove the clerk or superintendent at its pleasure and shall 
define their duties. Said board may, at its discretion, pre- 
scribe for the users of said sewer system or systems such 
annual rentals or charges based upon the benefits derived 
therefrom as it may deem proper, subject, however, to such 
rules and regulations as may be fixed by vote of said town. 

Section 12. All contracts made by said board of sewer 
commissioners shall be made in the name of said town and 
shall be signed by said board, but no contracts shall be made 
or obligation incurred by said board for any purpose in 
excess of the amount of money appropriated by said town 
therefor. 

Section 13. Said board may, from time to time, prescribe 
rules and regulations for the connection of estates and build- 
ings with main drains and sewers, and for the inspection of 
the materials, the construction, alteration and use of all 
connections and drains entering into such main drains or 
sewers, and may prescribe penalties, not exceeding twenty 
dollars, for each violation of any such rule or regulation. 
Such rules and regulations shall be published at least once 
a week for three successive weeks in some newspaper pub- 
lished in the town of Ayer, if any there be, and, if not, then in 
some newspaper published in the county of Middlesex, and 
shall not take effect until such publications shall have been 
made. 

Section 14. No act shall be done under authority of the 
preceding sections, except in the making of surveys and other 
preliminary investigations, until the plans of said system or 
systems of sewerage and sewage disposal have been approved 
by the department of public health. Upon application to 
said department for its approval, it shall give a hearing, 
after due notice to the public. At such hearing, plans show- 
ing in detail all the work to be done in constructing such 
system or systems of sewerage and sewage disposal shall be 
submitted for approval by said department. 



Acts, 1941. — Chaps. 256, 257. 203 

Section 15, This act shall take full effect upon its ac- 
ceptance by vote of the majority of the voters of the town of 
Ayer voting thereon at any town meeting called for the pur- 
pose within five years after its passage. 

Approved May 8, 1941. 

An Act to provide for the disposition of certain sur- Chav 256 
PLUS reports in the department of the secretary of 

THE COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

The state secretary is hereby authorized to provide for 
the free distribution of the following documents or reports, 
notwithstanding the provisions of the resolves pertaining 
thereto : — Laws relative to the construction, alteration and 
maintenance of buildings and other structures in the city 
of Boston, published under the provisions of chapter thirty- 
nine of the resolves of nineteen hundred and thirty-eight; 
report of the special commission on taxation and public 
expenditures, published under the provisions of chapter sev- 
enty-three of the resolves of nineteen hundred and thirty- 
eight; and the report of the special commission to investigate 
the activities within this commonwealth of communistic, 
fascist, nazi and other subversive organizations, so called, 
published under the provisions of chapter eighty-seven of 
the resolves of nineteen hundred and thirty-eight. 

Approved May 8, 1941. 

- An Act relative to removal and other change in Chny 057 

STATUS OF certain OFFICERS AND EMPLOYEES OP STATE ^' 

penal INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section forty-six of chapter thirty-one of the General Sj^i^^'"- 
Laws, as most recently amended by section one of chapter $ 46.' etc., 
two hundred and forty-nine of the acts of nineteen hundred *'"^'*<^^- 
and thirty-four, is hereby further amended by striking out, 
in the second and third lines, the words "shall hold such 
office or employment and" and inserting in place thereof 
the words : — , holding office or employment in the classified 
civil service of the commonwealth, — and by striking out, 
in the twenty-eighth and twenty-ninth lines, the words "the 
preceding section" and inserting in place thereof the words: 
— section forty-five, — so as to read as follows : — Section 46. Rei^vai, etc.. 
An officer or employee of any institution under the control state plnni 
of the department of correction, holding office or employ- "^atitutions. 
ment in the classified civil service of the commonwealth, 
shall not be removed therefrom, lowered in rank or com- 
pensation or suspended or without his consent transferred 
from such office or employment to any other, or the office 
or position abohshed, except for just cause, and for reasons 
specifically given him in writing within twenty-four hours 



204 Acts, 1941. — Chap. 258. 

after such removal, suspension, transfer or lowering in rank 
or compensation or abolition of office or position. 

If within three days thereafter, the person removed, sus- 
pended, lowered in rank or compensation or transferred or 
whose office or position has been abolished shall so request 
in writing, he shall be given a hearing before the commis- 
sioner of correction, and be allowed to answer any charges 
preferred against him, either personally or by counsel. "Said 
commissioner, after hearing the officer preferring the charges, 
and the officer or employee in question, together with such 
witnesses as either of the parties may produce, shall deter- 
mine whether or not the reasons for such removal, suspen- 
sion, lowering in rank or compensation, or transfer, or aboli- 
tion of office or position, are just and sufficient and shall 
certify his finding to the head of the institution in which 
such officer or employee was employed, who shall, forthwith 
notify the said officer or employee in writing of the finding of 
the commissioner. If the reasons given have been sustained 
by the finding of the commissioner, the action shall be sub- 
ject to the right of judicial review provided by section forty- 
five. If said commissioner finds that such reasons are not 
just and sufficient, the head of the institution in which the 
officer or employee was employed shall forthwith reinstate 
him in service or, if he has been suspended, shall forthwith 
restore him to duty or to his original rank, or compensation 
or re-estabhsh the office or position, as the case may be. 
A copy of said reasons, notice, answer and finding shall, in 
each case be filed in the office of the division and made a 
matter of pubhc record. Approved May 8, 1941- 



Chap. 25S An Act relative to payment of interest on local 

TAXES, MAKING CERTAIN CORRECTIVE CHANGES WITH 
RESPECT TO COLLECTION OP SUCH TAXES, AND MAKING 
CERTAIN PROVISIONS AS TO FORMS IN CONNECTION WITH 
LOCAL TAXES. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter fifty-nine of the General Laws is 

f 57,'et^c.. hereby amended by striking out section fifty-seven, as most 

amended recently amended by section one of chapter three hundred 

and thirty of the acts of nineteen hundred and thirty-eight, 

Date for and inserting in place thereof the following: — Section 67. 

of twls! Taxes other than poll taxes shall be due and payable in 

every city, town and district in which the same are assessed, 

in two equal instalments, on July first and on October first 

of each year, and bills for the same shall be sent out not 

later than June fourteenth of each year. Interest shall be 

paid at the rate of four per cent per annum on all such taxes 

remaining unpaid after November first of the year in which 

they are payable, computed from October first of such j'-ear. 

Upon poll taxes unpaid when due, whether committed under 

section fifty-three of this chapter or under section four of 



Acts, 1941. — Chap. 258. 205 

chapter sixty, interest shall be paid at the rate of four per 
cent per annum, computed from the date when such taxes 
became due and payable. Bills for taxes assessed under 
section seventy-five shall be sent out not later than Decem- 
ber twenty-sixth, and such taxes shall be payable not later 
than December thirty-first. If they remain unpaid after 
that date, interest shall be paid at the rate above specified, 
computed from December thirty-first until the day of pay- 
ment, but if, in any case, the tax bill is sent out later than 
December twenty-sixth, said taxes shall be payable not 
later than ten days from the day upon which said bill is 
sent out, and interest shall be computed from the fifteenth 
day following the date when the tax becomes due. In all 
cases where interest is payable it shall be added to and 
become a part of the tax. 

Section 2. Section three of chapter sixty of the General ej^-^q^""- 
Laws, as amended by section fifty of chapter two hundred § s' etc..' 
and fifty-four of the acts of nineteen hundred and thirty- *'"®'*^®'^- 
three, is hereby further amended by striking out the second 
sentence and inserting in place thereof the following sen- 
tence : — Notices of poll taxes shall be sent not later than 
June fourteenth of the year in which the tax is assessed, — 
and by striking out, in the eleventh fine, the words "the 
notice" and inserting in place thereof the words: — a notice 
under this section, — so as to read as follows : — Section 3. Tax biUs. 
The collector shall forthwith, after receiving a tax Hst and dutietf'etc. 
warrant, send notice to each person assessed, resident or 
non-resident, of the amount of his tax; if mailed, it shall be 
postpaid and directed to the town where the assessed person 
resided on January first of the year in which the tax was 
assessed, and, if he resides in a city, it shall, if possible, be 
directed to the street and number of his residence. Notices 
of poll taxes shall be sent not later than June fourteenth of 
the year in which the tax is assessed. An omission to send 
a notice under this section shall not affect the vaUdity either 
of a tax or of the proceedings for its collection. All tax bills 
or notices issued pursuant to this section shall be dated 
January first of the year to which the tax relates. The tax 
notice and bill shall state that all checks, drafts or money 
orders shall be made payable to or to the order of the city, 
town or district and not to or to the order of any officer, 
board or commission. 

Section 3. Section five of said chapter sixty, as amended ^jMo^""- 
by section two of chapter one hundred and sixty-eight of the § 5, etc..' 
acts of nineteen hundred and thirty-three, is hereby further ^'^ended. 
amended by striking out, in the third line, the words "the 
preceding section" and inserting in place thereof the words: 
— section four, — and by inserting after the word "apply" 
in the fifteenth line the following : — , so far as pertinent, — ~ 
so as to read as follows : — Section 5. A collector of taxes Collector to 
receiving from the assessors a list and warrant under section °°"®'^* **''''^- 
four shall forthwith proceed to collect the poll taxes from 
the persons entered on such list. Poll taxes shall be due and 



206 



Acts, 1941. — Chap. 259. 



G. L. (Ter. 
Ed.). 60. 
S 105. etc.. 
amended. 



Forms to be 
prescribed by 
commissioner. 



G. L. (Ter. 
Ed.). 59. i 78. 
amended. 



Collection of 

reassessed 

taxes. 



payable at the expiration of thirty days from the date upon 
which the notice under section three was issued by the col- 
lector. At the expiration of said thirty days the collector 
may issue a demand for payment or may include a statement 
of the amount due in a demand issued under section sixteen. 
All laws relating to the collection of taxes, to the duties and 
powers of collectors, to money collected as taxes, interest, 
charges and fees, to the accounting for and turning over of 
money so collected, and to the crediting thereof to the col- 
lector, shall apply, so far as pertinent, to the collection of poll 
taxes from the persons whose names appear on such lists. 

Section 4. Said chapter sixty is hereby further amended 
by striking out section one hundred and five, as most recently 
amended by section three of said chapter one hundred and 
sixty-eight, and inserting in place thereof the following new 
section: — Section 105. Forms to be used in proceedings 
for the collection of taxes under this chapter and chapter 
fifty-nine and of all assessments which the collector is author- 
ized or required by law to collect shall be as prescribed or 
approved by the commissioner. 

Section 5. Section seventy-eight of said chapter fifty- 
nine, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in the first line, the words "the 
preceding section" and inserting in place thereof the words: 
— section seventy-seven, — and by adding at the end the 
following new sentence : — Taxes so reassessed shall bear 
interest as provided in section fifty-seven from October first 
of the year in which they are originally assessable, — so as 
to read as follows : — Section 78. Taxes reassessed under 
section seventy-seven shall be committed to, and collected 
and paid over by, the collector for the time being, in the 
same manner as other taxes, except that the name of the 
person to whom they were originally assessed shall be stated 
in the tax list; and the bond of such collector shall apply 
to such reassessed taxes. Taxes so reassessed shall bear 
interest as provided in section fifty-seven from October first 
of the year in which they are originally assessable. 

Approved May 8, 1941. 



Chap. 259 An Act relative to payments by the Norwood police 

RELIEF ASSOCIATION, INC. TO ANY MEMBER THEREOF UPON 
THE DEATH OF HIS WIFE. 

Be it enacted, etc., as follows: 

The Norwood Police Relief Association, Inc. is hereby au- 
thorized to pay or cause to be paid from its general fund to 
any member in good standing, upon the death of such mem- 
ber's wife, such sum of money, not exceeding two hundred 
dollars, as may from time to time be fixed by a vote of said 
corporation. Approved May 8, 1941. 



Acts, 1941. — Chaps. 260, 261. 207 



An Act further extending the term during which Chav. 260 

BANKING INSTITUTIONS AND INSURANCE COMPANIES MAY 
MAKE LOANS INSURED BY THE FEDERAL HOUSING ADMIN- 
ISTRATOR. 

Whereas, The provisions of law sought to be extended by Emergency 
this act would, but for this act, shortly cease to be effective, p''®*™'''^- 
but the circumstances and conditions which made advis- 
able their enactment still continue and it is accordingly 
desirable that said provisions continue in effect without 
interruption; therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

The first paragraph of section one of chapter one hundred 
and sixty-two of the acts of nineteen hundred and thirty- 
five, as most recently amended by chapter two hundred 
and forty-one of the acts of nineteen hundred and thirty- 
nine, is hereby further amended by striking out, in the 
ninth and tenth hues, the word "forty-one" and insert- 
ing in place thereof the word : — forty-three, — so as to 
read as follows: — Subject to such regulations as the 
commissioner of banks deems to be necessary or advisable 
in respect to trust companies, savings banks, co-operative 
banks or credit unions, and to such regulations as the com- 
missioner of insurance deems to be necessary or advisable 
in respect to insurance companies, any trust company, sav- 
ings bank, co-operative bank, credit union or insurance 
company doing business in this commonwealth is author- 
ized for a period ending July first, nineteen hundred and 
forty-three: Approved May 9, 1941. 

An Act requiring the superior court to render opinions Chaj) 261 

WHEN ENFORCING, MODIFYING OR SETTING ASIDE ORDERS 
OF THE LABOR RELATIONS COMMISSION. 

Be it enacted, etc., as follows: 

Section six of chapter one hundred and fifty A of the Gen- o. l. (Ter. 
eral Laws, inserted therein by section two of chapter three Fe'^^tc^"^' 
hundred and forty-five of the acts of nineteen hundred and amended, 
thirty-eight, is hereby amended by adding at the end of sub- 
section (h) the following new sentence : — When making and 
entering a decree or an order for a decree enforcing, modify- 
ing, and enforcing as so modified, or setting aside in whole or 
in part an order of the commission or remanding the cause 
for further proceedings before the commission, the court 
shall state, in the usual form of an opinion issued by an ap- 
pellate court, its reasons for making and entering such decree 
or order for decree, — so that said subsection (h) will read 
as follows : — 



208 Acts, 1941. — Chaps. 262, 263. 

Opinions of (h) When granting appropriate temporary relief or a 

superior court \ ■' . . 9 ° , V *^ *^ , , • i r 

relating to restraining order, or making and entering a decree enforcing, 
faborrefationi modifying, and enforcing as so modified, or setting aside in 
commission. whole or in part an order of the commission, as provided in 
this section, the jurisdiction of courts sitting in equity shall 
not be limited by section twenty C of chapter one hundred 
and forty-nine; sections one, nine and nine A of chapter two 
hundred and fourteen; and sections thirteen A and thirteen 
B of chapter two hundred and twenty. When making and 
entering a decree or an order for a decree enforcing, modify- 
ing, and enforcing as so modified, or setting aside in whole or 
in part an order of the commission or remanding the cause 
for further proceedings before the commission, the court shall 
state, in the usual form of an opinion issued by an appellate 
court, its reasons for making and entering such decree or 
order for decree. Approved May 9, 19^1. 

Chap. 2Q2 An Act authorizing the city of lynn to construct a 

PARKWAY IN TIDAL WATERS OF LITTLE RIVER, AN ESTUARY 
OF SAUGUS RIVER. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn may take for park purposes 
by eminent domain under chapter seventy-nine of the Gen- 
eral Laws, or acquire by purchase or otherwise, any lands, 
flats, water rights or easements necessary or required for a 
public park in, across or under the tide water of Little river, 
an estuary of Saugus river, at its intersection with Saugus 
river and, subject to chapter ninety-one of the General Laws, 
may construct and maintain a parkway or road without a 
drawbridge in, across or under said tide waters. 

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

Approved May 9, 1941. 

Chap. 2QS An Act providing for the establishment of a right of 

WAY FOR PUBLIC ACCESS TO CENTER POND IN THE TOWN OP 
BECKET. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Berkshire 
county are hereby authorized and directed to lay out a right 
of way in the town of Becket from Washington street to 
Center pond for public access to said pond, in accordance 
with plans to be approved by the department of public 
works and showing the location and dimensions of such right 
of way. Said right of way shall be a path fifteen feet wide 
extending from Washington street along the northerly bound- 
ary line of property now or formerly of Frank N. Wade to 
the southeasterly cove of Center pond, with a widening to 
twenty-five feet at the shore and for a distance of twenty 



Acts, 1941.— Chap. 264. 209 

feet back from the shore and with a similar widening at 
Washington street and for a distance of twenty feet from 
the entrance to said path. If it is necessary to acquire land 
for the purpose of laying out such right of way said county 
commissioners shall at the time such right of way is laid out 
take such land by eminent domain under chapter seventy- 
nine of the General Laws. Any person sustaining damages 
in his property by the laying out of such right of way, or by 
specific repairs or improvements thereon, shall be entitled to 
recover the same under said chapter seventy-nine; provided, 
that the right to recover damages, if any, by reason of the 
laying out of such right of way, shall vest upon the recording 
of the order of taking by said county commissioners and 
that no entry or possession for the purpose of constructing a 
public way on land so taken shall be required for the purpose 
of validating such taking or for the payment of damages 
by reason thereof. 

Section 2. The selectmen of the town of Becket from 
time to time may make specific repairs on or improve such 
way to such extent as they may deem necessary, but neither 
the county of Berkshire, nor any city or town therein, shall 
be required to keep such right of way in repair, nor shall they 
be liable for injury sustained by persons travelling thereon; 
provided, that sufficient notice to warn the pubhc is posted 
where such way enters upon or unites with an existing public 
way. 

Section 3. All expenses incurred by said county commis- 
sioners in connection with such right of way shall be borne 
by the county of Berkshire, or by such cities and towns 
therein, and in such proportions, as said county commis- 
sioners may determine. 

Section 4. Said right of way shall not be discontinued 
or abandoned without authority therefor from the general 
court. 

Section 5. Nothing in this act shall be construed to 
limit the powers of the department of public health, or of 
any local board of health, under any general or special law. 

Approved May 9, 1941. 



An Act relative to the placing on probation of certain (JJidj) 264 
children by the superior court. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-eight of chapter one hundred Sj^}?q^''- 
and nineteen of the General Laws, as appearing in the Ter- § 58,' amended, 
centenary Edition, is hereby amended by inserting after the 
third paragraph the following new paragraph : — 

If a child adjudged a wayward child or delinquent child is children under 
placed on probation by the superior court, he may be placed ^?J^ officer *" 
in the care of a probation officer of the district court, includ- 
ing in such term the Boston juvenile court, within the judicial 
district of which such child resides. 



210 



Acts, 1941. — Chaps. 265, 266. 



G. L. (Ter. 

Ed.). 276. 

S 87, amended. 



Same subject. 



Section 2. Section eighty-seven of chapter two hundred 
and seventy-six of the General Laws, as so appearing, is 
hereby amended by adding at the end the words : — ; and 
provided, further, that in the case of any child under the age 
of seventeen placed upon probation by the superior court, 
he may be placed in the care of a probation officer of the dis- 
trict court, including in such term the Boston juvenile court, 
within the judicial district of which such child resides, -^ 
so as to read as follows: — Section 87. The superior court 
may place upon probation under any of its probation officers 
any person before it charged with crime and any court may 
place any person convicted before it in the care of its pro- 
bation officer for such time and upon such conditions as it 
deems proper ; provided, that no person convicted of a felony 
by a district court shall be placed on probation by said court 
in such case if it shall appear that he has been previously 
convicted of any felony; and provided, further, that in the 
case of any child under the age of seventeen placed upon 
probation by the superior court, he may be placed in the care 
of a probation officer of the district court, including in such 
term the Boston juvenile court, within the judicial district 
of which such child resides. Approved May 13, 1941. 



Chap, 265 ^^ ^^'^ authorizing the trustees of wheelock school 
TO grant the degree of bachelor of science in edu- 
cation. 

Be it enacted, etc., as follows: 

The trustees of Wheelock School, a corporation organized 
under general law, are hereby authorized to confer degrees 
of bachelor of science in education. 

Approved May 13, 1941. 



Chap, 266 ^^ ^^'^ reducing the number of signatures required 
ON nomination papers of certain candidates for 
office in certain cities and towns. 

Be it enacted, etc., as follows: 

Chapter fifty-three of the General Laws is hereby amended 
by striking out section six, as most recently amended by 
chapter one hundred and ninety-one of the acts of nineteen 
hundred and thirty-nine, and inserting in place thereof the 
following section: — Section 6. Nominations of candidates 
for any offices to be filled at a biennial state election may be 
made by nomination 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 elec- 
tion in the commonwealth at large or in the electoral district 
or division for which the officers are to be elected. Nomi- 
nations of candidates for offices to be filled at a city or town 
election^ except where city charters or general or special laws 



G. L. (Ter. 
Ed.), 53, 
5 6, etc., 
amended. 



Number of 
signatures 
on nomina- 
tion papers. 



Acts, 1941. — Chap. 267. 211 

provide otherwise, may be made by like nomination papers, 
signed in the aggregate by not less than such number of 
voters as will equal one per cent of the entire vote cast for 
governor at the preceding biennial state election in the 
electoral district or division for which the officers are to be 
elected, but in no event by less than twenty voters in the 
case of an office to be filled at a town election. At a first 
election to be held in a newly established ward, the number 
of voters upon a nomination 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 13, 1941. 

An Act relative to the procuring of premises outside Chaj). 2Q7 

THE state house OR OTHER BUILDING OWNED BY THE 
COMMONWEALTH, FOR USE BY STATE DEPARTMENTS, COM- 
MISSIONS, BOARDS AND OTHER AGENCIES. 

Whereas, Certain leases by the commonwealth of privately Emergency 
owned premises have expired or will expire during the period p''^*™'^'*- 
between the beginning of the current fiscal year and the 
effective date of the next general appropriation act and it is 
desirable that they be renewed as soon as possible after their 
expiration, and this act is designed to furnish authority, 
which seems to be lacking under existing law, for their 
proper renewal during said period; therefore it is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter eight of the General Laws is hereby amended by g. l. (Ter. 
striking out section ten A, as amended by chapter one hun- uoAfetc. 
dred and seventy of the acts of nineteen hundred and thirty- amended. ' 
three, and inserting in place thereof the following section : — 
Section 10 A. The commonwealth, acting through the execu- Leasing of 
tive or administrative head of a state department, commis- out^de^of 
sion or board and with the approval of the superintendent b^idin^a'^®'^ 
and of the governor and council, may lease for the use of 
such department, commission or board, for a term not ex- 
ceeding five years, premises outside of the state house or 
other building owned by the commonwealth, if provision 
for rent of such premises for so much of the term of the lease 
as falls within the then current biennium, as defined in 
section one of chapter twenty-nine, has been made by appro- 
priation. If the term of a lease under which premises are 
being used for the purposes of a particular activity by any 
such department, commission or board expires between the 
beginning of a biennium, as so defined, and the effective date 
of the general appropriation act for such biennium and no 
appropriation for rent for said premises has been made and 
if the general court has not provided otherwise, the common- 
wealth, acting through the executive or administrative head 



212 Acts, 1941. — Chap. 268. 

of such department, commission or board, and with like 
approval, may hire or lease for such purposes the same or 
different premises, for a term not exceeding five years, obligat- 
ing the commonwealth to pay no greater aggregate amount 
of rent for any period than was paid for a corresponding 
period under the expiring lease. 

Approved May 18, 1941. 



Chap. 2QS ^ Act providing for the establishment of an air- 
port WHOLLY OR PARTLY IN THE TOWN OF BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of an airport to be con- 
structed by the federal government in the town of Bedford, 
or partly in said town and partly in the towns of Concord 
and Lincoln, or either of them, the department of public 
works, hereafter in this act referred to as said department, 
on behalf of the commonwealth, is hereby authorized to 
take by eminent domain under chapter seventy-nine of the 
General Laws, or acquire by purchase or otherwise, such 
land within the limits of the area hereinafter bounded and 
described, such rights of way and other rights and ease- 
ments as may be certified by the Massachusetts aeronautics 
commission to said department to be necessary, and such 
air rights as may be so certified to be necessary to provide 
unobstructed air space for the safe and convenient landing 
and taking off of aircraft utilizing such airport, and also in- 
cluding the right or easement, for a limited period of time 
or perpetually, to place and maintain such suitable marks 
for the daytime, and to place, operate and maintain such 
suitable lights for the nighttime marking of buildings, or 
other structures or obstructions, as may be necessary for 
the safe and convenient operation of aircraft utilizing said 
airport; provided, that no action shall be taken under this 
section until assurance has been received from the federal 
government that it will undertake and complete the con- 
struction of such airport to the extent permitted by the 
amount allocated as a part of the federal construction pro- 
gram authorized by Public Document No. 812, 76th Con- 
gress, approved October ninth, nineteen hundred and forty. 
The area within which land may be taken or acquired under 
this section is bounded and described as follows : — Begin- 
ning at the intersection of the Lincoln-Bedford town fine 
and Lincoln road, thence northeasterly by way of Lincoln 
road and South road to the corner of South road and Forest 
street; thence northwesterly along Forest street to Hart- 
well road; thence westerly eight hundred feet along Hart- 
well road; thence due west twenty-five hundred feet to a 
point; thence due south thirty-five hundred feet to a point; 
thence southeast to Bedford road; thence northeasterly 
along Bedford road to Lincoln road and point of beginning. 
Any land, right or easement acquired under this section 



Acts, 1941. — Chap. 269. 213 

may be used for airport purposes, notwithstanding any 
town by-law. 

Section 2. Said department, acting in the name and 
behalf of the commonwealth and subject to the approval of 
the governor and council, may enter into such agreements 
with the federal government relative to the construction, 
maintenance and operation of said airport as may be neces- 
sary to ensure that the federal government will undertake 
the construction of such airport as a part of the federal con- 
struction program authorized as aforesaid, and may do such 
other things as may be necessary to co-operate with the 
federal government in the prosecution of such construction 
project; provided, that no agreement shall be entered into 
hereunder which shall obligate the commonwealth to any 
expenditure of funds on account of the construction of said 
airport. 

Section 3. Said department, acting in the name and 
behalf of the commonwealth, and subject to the approval 
of the governor and council, may lease for operation such 
airport or any part thereof, provided, that in so doing the 
right of the public to use the same without discrimination 
is retained, and may lease or convey to the United States of 
America, with or without consideration, such part of the 
property of said airport as may be necessary for the con- 
struction and maintenance of any aid to aerial navigation. 
Said department, with the approval of the governor and 
council, may establish regulations for the use of such airport 
and may fix therein suitable penalties for the violation 
thereof, and may establish fees and charges for the use of 
such airport. 

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

Approved May 14, 1941. 



An Act further regulating requirements by housing Qhav 269 

AUTHORITIES AS TO TENANTS OF LOW-RENT HOUSING 
PROJECTS. 

Whereas, Because of the passage by the Congress of "An Emergency 
Act making appropriations for the Executive Office and sun- p''®*"'^'^- 
dry independent executive bureaus, boards, commissions, 
and offices, for the fiscal year ending June 30, 1941, and for 
other purposes" it is necessary, in order that Massachusetts 
Housing Authorities shall continue to receive certain pay- 
ments from the federal government on account of projects 
entered into by such Authorities, that tenancy of such 
projects by non-citizens of the United States be prohibited 
by this commonwealth, therefore this act is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six AA of chapter one hun- g. l. (Ter. 
dred and twenty-one of the General Laws, as appearing in f 26AA!etc., 

amendeid. 



214 



Acts, 1941. — Chap. 270. 



Management 
of housing 
projects. 



Temporary 
provisions. 



section one of chapter four hundred and eighty-four of the 
acts of nineteen hundred and thirty-eight, is hereby amended 
by striking out clause (d) and inserting in place thereof the 
following two clauses: — (d) It shall not accept as a tenant 
in any project any person who is not a citizen of the United 
States, (e) There shall be no discrimination; provided, that 
if the number of qualified applicants for dwelling accom- 
modations exceeds the dwelling units available, prefer- 
ence shall be given to inhabitants of the city or town in 
which the project is located, and to the famihes who occu- 
pied the dwellings eliminated by demolition, condemnation 
and effective closing as part of the project so far as is reason- 
ably practicable without discrimination against persons liv- 
ing in other sub-standard areas within the same city or 
town. 

Section 2. Any regulation made, or contract entered 
into, prior to the effective date of this act by a housing 
authority subject to the Housing Authority Law providing 
in effect that such housing authority shall not accept as a 
tenant in a project any person who is not a citizen of the 
United States, is hereby validated and confirmed and shall 
have the same force and effect as if section one of this act 
had been in effect when such regulation was made or contract 
entered into. Approved May 15, 1941. 



G. L. (Ter. 
Ed.), 207, § 7, 
amended. 



Minors not to 
be married 
without con- 
sent of parents, 
etc. 



Chap. 210 An Act to require the consent of a parent or guardian 

IN THE CASE OF THE MARRIAGE OF, OR THE APPLICATION 
FOR A MARRIAGE LICENSE BY, A NON-RESIDENT MINOR. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seven of the Gen- 
eral Laws is hereby amended by striking out section seven, 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 7. A magis- 
trate or minister shall not solemnize a marriage if he has 
reasonable cause to believe that the male is under twenty- 
one or the female is under eighteen, except with the consent 
of the parent or guardian having custody of the minor; 
provided, that such consent shall not be required in the case 
of a minor domiciled within the commonwealth, if there 
shall be no such parent or guardian of said minor in the 
commonwealth competent to act. 

Section 2. Section thirty-three of said chapter two 
hundred and seven, as so appearing, is hereby amended by 
inserting after the word "consent" in the ninth line the fol- 
lowing: — ; provided, that the applicants for the certificate 
are domiciled within the commonwealth, — so as to read as 
follows: — Section 33. The clerk or registrar shall not issue 
the certificate under section twenty-eight before the time 
therein specified, except as otherwise provided; nor to a 
male under twenty-one, or to a female under eighteen, when 
he has reasonable cause to believe the person to be under 



G. L. (Ter. 
Ed.), 207, § 33, 
amended. 



Certificate 
not to be 
issued to cer- 
tain minors. 



Acts, 1941. — Chap. 271. 215 

such age, except upon the application or consent in writing 
of the parent or guardian of such person or by order of the 
probate or district court under section twenty-five. If 
there is no parent or guardian in this commonwealth com- 
petent to act, a certificate may be issued without such 
application or consent; provided, that the apphcants for the 
certificate are domiciled within the commonwealth. Such 
certificate shall not be issued if a parent or guardian whose 
consent is required thereto has withdrawn such consent by 
a writing filed with the clerk or registrar. 

Approved May 15, 194L 



An Act establishing non-partisan municipal elections Chap. 271 

IN THE CITY OF CHICOPEE. 

Be it enacted, etc., as follows: 

Section 1. On the third Tuesday preceding every regu- 
lar or special municipal election in the city of Chicopee at 
which any elective municipal office is to be filled, there shall 
be held, except as otherwise provided in section nine, a pre- 
liminary election for the purpose of nominating candidates 
therefor. At every such election the poUs shall be opened 
during such hours, in accordance with general law, as the 
city council may prescribe and the general laws relative to 
municipal elections shall apply thereto, except as is other- 
wise specifically provided for in this act. 

Section 2. Except as is otherwise provided in said sec- 
tion nine, there shall not be printed on the oflEicial ballot to 
be used at any regular or special municipal election in said 
city the name of any person as a candidate for any office 
unless such person has been nominated as such at a pre- 
liminary election for nomination, held as provided in this 
act. There shall not be printed on the ofl&cial ballot for use 
at such preliminary election the name of any candidate for 
nomination at such election unless he shall have submitted, 
within the time limited and as provided by section three, 
the nomination paper therein described. 

Section 3. Any person who is qualified to vote at any 
regular or special municipal election in said city for a can- 
didate for any elective municipal office in said city, and who 
is a candidate for nomination thereto, shall be entitled to 
have his name as such candidate printed on the ofl&cial 
ballot to be used at a preliminary election for nomination 
therefor; provided, that if he is a candidate to be voted for 
in a single ward he shall be a registered voter in the ward 
wherein he is a candidate; and provided, further, that on 
or before five o'clock in the afternoon of the sixth Tuesday 
preceding such regular or special municipal election there 
shall be submitted to the board of registrars of voters a 
nomination paper prepared and issued by the city clerk, 
wherein the candidate sets forth in writing his candidacy, 
and wherein the petition is signed in person by at least 



216 Acts, 1941. — Chap. 271. 

fifty, or, in case of a candidate for the office of mayor, by 
at least two hundred and fifty, voters of the city qualified 
to vote for a candidate for the said office, whose signatures 
are certified as hereinafter provided. 

Said nomination papers shall be in substantially the fol- 
lowing form : — 

COMMONWEALTH OF MASSACHUSETTS. 

CITY OF CHICOPEE. 

NOMINATION PAPER. 

STATEMENT OF CANDIDATE. 

I ( ), on oath declare that I am a citizen of the 

United States of America, that I reside at (number, if any) 
on (name of street) and ward in the city of Chico- 

pee, that I am a voter therein, quahfied to vote for a can- 
didate for the office hereinafter mentioned; that I am a 
candidate for the office of (name of office) for (state the 
term) to be voted for at the preliminary election to be held 
on Tuesday, the day of , nineteen hundred 

and , and I request that my name be printed as 

such candidate on the official ballot for use at said prelimi- 
nary election. 

(Signed) 



COMMONWEALTH OF MASSACHUSETTS. 

Hampden, ss. 

Subscribed and sworn to on this day of , 

nineteen hundred and before me, 

(Signed) 

Justice of the Peace 
(or Notary Public). 

PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomi- 
nation for the office of (state the office) for (state the term), 
we, the undersigned, voters of the city of Chicopee, duly 
quahfied to vote for a candidate for said office, do hereby 
request that the name of said (name of candidate) as a 
candidate for nomination for said office be printed on the 
official ballot to be used at the preliminary election to be 
held on Tuesday, the day of , nineteen 

hundred and . We further state that we believe 

him to be of good moral character and qualified to perform 
the duties of the office, and that we have not subscribed to 
more nominations of candidates for this office than there 
are persons to be elected thereto. 



Acts, 1941. — Chap. 271. 217 



Signatures of Nominators. 
(To be made in person.) 



Residence 
Januarj' 1. 



Ward. 



Present 
Residence. 



No acceptance by the candidate for the nomination 
named in the said nomination paper shall be necessary to 
its validity or its fiUng. The petition, which may be on one 
or more papers, need not be sworn to. 

Section 4. After any such nomination paper has been 
submitted to said board of registrars of voters, hereinafter 
called the board, it shall certify thereon the number of signa- 
tures which are the names of registered voters in said city 
qualified to sign the same. All such papers found not to 
contain a number of names so certified equivalent to the 
number required to make a nomination shall be invalid, and 
such papers shall be preserved by the board for one year. 
The board shall complete their certification on or before five 
o'clock in the afternoon of the fifth Tuesday preceding such 
regular or special municipal election, and the board, or some 
member thereof, shall file with the city clerk on or before 
five o'clock in the afternoon of the next day all papers not 
found to be invalid as aforesaid. 

Section 5. On the first day, other than a legal holiday, 
following the expiration of the time for filing the above 
described nomination papers with the city clerk, he shall 
post in a conspicuous place in his office the names and resi- 
dences of the candidates for nomination who have duly quali- 
fied as such, as they are to appear on the official ballots to be 
used at the preliminary election, except as to the order of the 
names, which shall be drawn by lot by the city clerk within 
seventy-two hours succeeding five o'clock in the afternoon 
of the last day fixed for filing the nomination papers with 
him, and he shall cause the ballots, which shall contain said 
names in their order as drawn by him, and no others, with a 
designation of residence, and of the office and term of office, 
to be printed, and the ballots so printed shall be official and 
no others shall be used at the preliminary election. At any 
drawing for position on the ballot, each candidate shall have 
an opportunity to be present in person or by one representa- 
tive. There shall be left at the end of the list of candidates 
for nomination for each office blank spaces equal in number 
to the number of persons to be nominated therefor, in which 
spaces the voter may insert the name of any person not 
printed on the ballot for whom he desires to vote for nomi- 
nation for such office, but the name of such person shall not 
be printed on the official ballot to be voted for at any regular 
or special municipal election in said city unless such person 
is qualified to be nominated under section three. There shall 
be printed on such ballots such directions as will aid the 



218 Acts, 1941. — Chap. 271. 

voter, as, for example: "vote for one", "vote for two", and 
the like, and the ballots shall be headed substantially as 
follows : — 

OFFICIAL PRELIMINARY BALLOT. 

Candidates for nomination for the offices of (name of 
offices) in the city of Chicopee at a preliminary election to be 
held on the day of , in the year nine- 

teen hundred and 

On the back and outside of each ballot when folded shall 
be printed the words "Official Ballot for Preliminary Elec- 
tion", followed by the designation of the ward for which the 
ballot is prepared, the date of the preliminary election and a 
facsimile of the signature of the city clerk. 

Section 6. No ballot used at any preliminary election 
in said city shall have printed thereon any party or political 
designation or mark, and there shall not be appended to the 
name of any candidate any such party or political designa- 
tion or mark, or anything showing how he was nominated or 
indicating his views or opinions. 

Section 7. The election officers of said city shall, im- 
mediately upon the closing of the polls at preliminary elec- 
tions, count the ballots and ascertain the number of votes 
cast in the several voting places for each candidate, and forth- 
with make return thereof upon blanks to be furnished, as in 
regular elections, to the city clerk, who shall canvass said 
returns and shall forthwith determine the result thereof, 
insert the same in a newspaper published in said city and 
post the same in a conspicuous place in his office. 

Section 8. If any person receives at a prehminary elec- 
tion a majority of all the votes cast for the office for nomi- 
nation to which he was a candidate, he shall be deemed and 
declared elected thereto; provided, that at said election at 
least eighty per cent of the total registered vote of the city, 
or, in the case of a ward alderman, of the ward, shall be 
cast; otherwise the two persons receiving at a preliminary 
election the highest number of votes for nomination for any 
office, except one to which two or more persons are to be 
elected at the regular or special municipal election follow- 
ing, and, as to each of such offices, the several persons in 
number equal to twice the number so to be elected receiv- 
ing at such prehminary election the highest number of votes 
for nomination for that office, shall, except as provided in 
this section and in section nine, be the sole candidates for 
that office whose names may be printed on the official ballot 
to be used at the regular or special municipal election at 
which such office is to be filled. 

If the preliminary election results in a tie vote among 
candidates for nomination to any office receiving the lowest 
number of votes, which, but for said tie vote, would entitle 
a person receiving the same to have his name printed upon 
the official ballot for the regular or special municipal elec- 
tion, all candidates participating in said tie vote shall have 



Acts, 1941. — Chap. 272. 219 

their names printed upon the official ballot, although in 
consequence there be printed thereon the names of candi- 
dates to a number exceeding twice the number to be elected. 

Section 9. If at the expiration of the time for filing 
with the city clerk nomination papers for candidates to be 
voted for at any preliminary election there have not been 
filed with him more than twice as many such nomination 
papers for an office as there are persons to be elected to 
such office, the candidates whose nomination papers have 
thus been filed shall be deemed to have been nominated to 
said office, and their names shall be printed on the official 
ballot to be used at the regular or special municipal election 
following, and the city clerk shall not print said names upon 
the ballot to be used at said preliminary election, and no 
other nomination to said office shall be made. If in conse- 
quence it shall appear that no names are to be printed upon 
the official ballot to be used at any preliminary election in 
any ward or wards of said city, no preliminary election shall 
be held in any such ward or wards. 

Section 10. So much of chapter two hundred and thirty- 
nine of the acts of eighteen hundred and ninety-seven, and 
acts in amendment thereof and in addition thereto, as is in- 
consistent herewith is hereby repealed. 

Section 11. This act shall be submitted for acceptance 
to the registered voters of the city of Chicopee at the bien- 
nial state election to be held in the year nineteen hundred 
and forty-two, in the form of the following question, which 
shall be printed on the official ballot to be used in said city 
at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and forty-one, entitled 
'An Act establishing Non-Partisan Municipal Elections in 
the City of Chicopee', be accepted?" If the majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect for the regular mu- 
nicipal election to be held in said city in the year nineteen 
hundred and forty-three, and for all municipal elections in 
said city thereafter, but not otherwise. 

Approved May 15, 1941. 



An Act relative to the filing of nomination papers Chav.272 
OF candidates to be voted for at city or town 

PRIMARIES. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter fifty- three of the General EdViJi'ei 
Laws, as most recently amended by chapter four hundred etc!. 'amended', 
and eleven of the acts of nineteen hundred and thirty-seven, 
is hereby further amended by striking out, in the fourth 
fine, the word "twenty" and inserting in place thereof the 
word : — twenty-one, — so as to read as follows : — Section Nomination 
61. All nomination papers of candidates to be voted for at oMo^'cS''* 
city or town primaries shall be filed with the city or town ^4^ town 

*' pnmanes. 



220 Acts, 1941. — Chap. 273. 

clerk not less than twenty-one week days previous to the 
day on which the primary is to be held for which the nomi- 
nations are made. Every such nomination paper shall be 
submitted at or before five o'clock in the afternoon of the 
seventh day preceding the day on which it must be filed to 
the registrars of the city or town where the signers appear 
to be voters, and the registrars shall check each name to be 
certified by them on the nomination paper and shall forth- 
with certify thereon the number of signatures so checked 
which are names of voters both in the city or town and in 
the district for which the nomination is made, and only 
names so checked shall be deemed to be names of qualified 
voters for the purposes of nomination. The registrars need 
not certify a greater number of names than are required to 
make a nomination, increased by one fifth thereof. Names 
not certified in the first instance shall not thereafter be 
certified on the same nomination papers. The city or town 
clerk shall not be required, in any case, to receive nomina- 
tion papers for a candidate after receiving papers con- 
taining a sufficient number of certified names to make a 
nomination, increased by one fifth thereof. 

Approved May 15, 1941' 



Chav. 27S ^^ ^^'^ making miscellaneous changes in the laws 

RELATIVE TO RAILROADS. 

Be it enacted, etc., as follows: 

G.L. (Ter. SECTION 1. Scctiou ouc hundred and thirty-four of chap- 

i 134, ' ter one hundred and sixty of the General Laws, as appearing 
amended. jj^ ^j^g Tercentenary Edition, is hereby amended by insert- 
ing after the word "railroad" in the second line the follow- 
ing : — at a height less than twenty-two feet, — so as to 
Bridge read as follows: — Section 134. Every railroad corpora- 

guar B. Hon, at every bridge or other structure, any portion of which 

crosses the railroad at a height less than twenty-two feet 
above the track, shall erect and maintain, in a manner pre- 
scribed by the department, suitable bridge guards, of a type 
approved by the department, except at places wh6re, and 
so long as, it is specially exempted from so doing by the 
department. A corporation which neglects to comply with 
this section shall forfeit fifty dollars for each month's neglect. 
Whoever wilfully destroys or breaks any such bridge guard 
shall be punished by a fine of not more than one hundred 
dollars or by imprisonment for not more than one month. 
EdV' 160*' Section 2. Section one hundred and thirty-eight of said 

( i'38, ' chapter one hundred and sixty, as so appearing, is hereby 
amended. amended by striking out, in the second line, the word 
BeU to be "stcam", — SO as to read as follows: — Section 138. Every 
^ftfe'to railroad corporation shall cause a bell of at least thirty-five 
be Bounded. pouuds in Weight, and a whistle, to be placed on each loco- 
motive engine passing upon its railroad; and such bell shall 
be rung or at least three separate and distinct blasts of such 



Acts, 1941. — Chap. 273. 221 

whistle sounded at the distance of at least eighty rods from 
the place where the railroad crosses upon the same level any 
public way or traveled place over which a signboard is re- 
quired to be maintained as provided in sections one hundred 
and forty and one hundred and forty-one; and such bell 
shall be rung or such whistle sounded continuously or alter- 
nately until the engine has crossed such way or traveled 
place. This section shall not affect the authority conferred 
upon the department by the following section. 

Section 3. Section one hundred and sixty-seven of said EdV'ieo'' 
chapter one hundred and sixty, as so appearing, is hereby § i67, 
amended by inserting before the word "owned" in the *°^«"'*«'^- 
second line the following: — , equipped with platforms, and 
, — so as to read as follows: — Section 167. Every passenger, Platform 
baggage, mail and express car, equipped with platforms, and ***^^ 
owned or regularly used on any railroad in the commonwealth 
shall be provided at each end thereof with platform gates of 
a pattern approved by the department. A railroad corpo- 
ration which hauls or uses, or permits to be hauled or used, 
on its railroad any car in violation of this section shall for- 
feit one hundred dollars to the use of the commonwealth, 
and the attorney general or the district attorney for the 
district where such violation occurred shall bring an action 
therefor. 

Section 4. Section two hundred and forty-five of said S\^- j^'^^'"- 
chapter one hundred and sixty, as so appearing, is hereby § 245, ' 
amended by striking out, in the thirteenth and fourteenth an^ended. 
lines, the words "If they allow steam power to be used on 
such railroad, the" and inserting in place thereof the word: 
— The, — so as to read as follows : — Section 245. A per- Railroads for 
son or corporation may construct a railroad for private use p"^'^*® "**■ 
in the transportation of freight; but shall not take or use 
lands or other property therefor without the consent of the 
owner thereof. No such railroad shall be connected with 
the railroad of another corporation without its consent; nor 
shall it be constructed across or upon a public way or traveled 
place without the consent of the board of aldermen or select- 
men, nor except in a place and manner approved by them. 
If the board of aldermen or selectmen consent, they shall 
from time to time make such regulations relative to motive 
power, rate of speed, and time and manner of using the rail- 
road over and upon such way or traveled place, as in their 
judgment the public safety and convenience require, and 
they may order such changes to be made in the track as are 
rendered necessary by the alteration or repair of such way. 
The provisions of this chapter and chapter one hundred and 
fifty-nine relative to the crossing of ways and traveled places 
by railroad corporations shall apply to such railroad, and to 
the person constructing or operating the same. 

Approved May 15, 194-1. 



222 



Acts, 1941. — Chaps. 274, 275, 276. 



Chap. 27 4: An Act authorizing certain limited fraternal bene- 
fit SOCIETIES TO TRANSFER THEIR MEMBERSHIPS AND 
FUNDS TO SIMILAR SOCIETIES. 

Be it enacted, etc., as follows: 

Section forty-six of chapter one hundred and seventy-six 
of the General Laws, as most recently amended by section 
two of chapter two hundred and fifty-four of the acts of 
nineteen hundred and thirty-nine, is hereby further amended 
by inserting after the third paragraph, as appearing in the 
Tercentenary Edition, the following new paragraph : — 

With the written approval of the commissioner and the 
consent of each society expressed by vote at a duly called 
meeting, any society subject to this section may transfer 
its membership and funds to any authorized similar society. 

Approved May 15, 19 If.!. 



G. L. (Ter. 
Ed.). 176. 
S 46, etc., 
amended. 



Transfer to 
Bimilar 
Bocieties 
authorized. 



Chap.275 An Act further regulating the acquisition and hold- 
ing OF REAL ESTATE BY WATER AND AQUEDUCT COM- 
PANIES. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter one hundred and 
sixty-five of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby repealed. 

Section 2. Said chapter one hundred and sixty-five is 
hereby amended by adding at the end, under the caption 
GENERAL PROVISIONS, the following new section: — Section 
28. Any water or aqueduct company which is limited by 
its charter or by any other special law as to the amount of 
real estate which it may acquire and hold may apply to the 
department of public utilities for authority to acquire and 
hold real estate in excess of the amount so limited, and said 
department may grant such authority if it shall find that 
such additional real estate is necessary or convenient for 
such company in carrying out the purposes of its organ- 
ization and that the acquisition and holding thereof will 
not be contrary to the public interest. 

Approved May 16, 19^1. 



G. L. (Ter. 
Ed.), 165, 5 19, 
repealed. 

G. L. (Ter. 
Ed.), 165, new 
section 28, 
added. 

Water, etc., 
companies 
holding, etc., 
real estate by. 



Chap. 27Q An Act relative to the auditor's statement to accom- 
pany THE report OF CONDITION OF CERTAIN CORPORA- 
TIONS AND THE SELECTION OF THE AUDITOR. 

Be it enacted, etc., as follows: 

Chapter one hundred and fifty-six of the General Laws 
is hereby amended by striking out section forty-nine, as ap- 
pearing in the Tercentenary Edition, and inserting in place 
thereof the following: — Section 49. Such report of a cor- 
poration which has a capital stock of one hundred thousand 
dollars or more, for this purpose counting shares without par 



G. L. (Ter. 
Ed.), 156, § 49, 
amended. 



Verification 
by auditor. 



Acts, 1941. — Chap. 277. 223 

value as of a par value of one hundred dollars each, shall be 
accompanied by a written statement on oath by an auditor 
that such report represents the true condition of the affairs 
of said corporation as disclosed by its books at the close of 
the fiscal year covered by such report. Except as herein- 
after provided, such auditor shall be selected and employed 
by a committee of three stockholders who are not directors, 
which shall be selected at the annual meeting of the stock- 
holders in said fiscal year. If there are not three stock- 
holders other than directors able and willing to serve on 
such committee, he shall be selected and employed by the 
directors, or if such auditor shall have been selected by the 
directors or a committee thereof prior to said annual meet- 
ing and such selection shall have been ratified by the stock- 
holders at said meeting, or if such auditor shall have been 
selected by the stockholders at said meeting, the person 
so selected shall be employed by the directors; but no 
bookkeeper, treasurer or other officer of the corporation 
shall be appointed as such auditor. The statement of the 
auditor shall be filed by him with said report in the office 
of the state secretary and shall be attached to and form part 
of it. The auditor shall be duly sworn to the faithful per- 
formance of his duties, and the officers of the corporation 
who sign said report of condition shall certify thereon that 
the auditor was duly elected and quaHfied, as herein pro- 
vided. Approved May 15, 1941. 



An Act relative to time off for good behavior in the Chart. '^11 

CASE of prisoners IN CERTAIN STATE PENAL AND RE- 
FORMATORY INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section one hundred and thirty of chapter one hundred g. l. (Ter. 
and twenty-seven of the General Laws, as amended by sec- ftso/e/o'., 
tion one of chapter two hundred and sixty-four of the acts amended. 
of nineteen hundred and thirty-eight, is hereby further 
amended by inserting after the word "deductions" in the 
thirty-eighth line the words : — , from both the former sen- 
tence and any subsequent sentence of imprisonment for the 
offence of which he was so convicted, — so as to read as 
follows: — Section ISO. Every officer in charge of a prison Paroies, de- 
or other place of confinement, except the state farm, shall good conlu'ct 
keep a record of the conduct of each prisoner in his custody Exceptions 
whose term of imprisonment is four months or more. Every 
such prisoner whose record of conduct shows that he has 
faithfully observed all the rules and has not been subjected 
to punishment shall be entitled to a deduction from the 
maximum term for which he may be held under his sentence, 
which shall be determined as follows: upon a sentence of 
not less than four months and less than one year, one day 
for each month; upon a sentence of not less than one year 
and less than three years, three days for each month; upon 



224 Acts, 1941. — Chap. 278. 

a sentence of not less than three years and less than five 
years, four days for each month; upon a sentence of not 
less than five years and less than ten years, five days for each 
month; upon a sentence of ten years or more, six days for 
each month. If a prisoner has two or more sentences to be 
served otherwise than concurrently, the aggregate of his 
several sentences shall be the basis upon which the deduc- 
tion shall be determined. A prisoner who is entitled to such 
deduction shall receive a written permit to be at hberty 
during the time so deducted, upon such terms as the board 
which grants the permit shall prescribe, which, in the case 
of a prisoner sentenced or transferred to a state institution, 
shall include a minimum requirement that he shall reside in 
a home approved by said board. If a prisoner violates any 
of the rules of his prison or other place of confinement, in 
the case of a prisoner sentenced or transferred to a state 
institution, the commissioner, upon recommendations and 
evidence submitted to him in writing by the warden, super- 
intendent or officer in charge, and, in the case of a prisoner 
sentenced to and confined in a county institution, the board 
authorized to grant permits to such prisoners, shall decide 
what part of such deduction shall be forfeited by such viola- 
tion. If, during the term of imprisonment of a prisoner 
sentenced or transferred to a state institution, such prisoner 
shall commit any offence of which he shall be convicted, all 
such deductions, from both the former sentence and any 
subsequent sentence of imprisomnent for the offence of 
which he was so convicted, shall be thereby forfeited. 

Approved May 15, 1941- 



Chap. 27 S An Act changing the time for the i 

CERTIFICATES OF NOMINATION AND N( 



FILING OF CERTAIN 
fOMINATION PAPERS 
FOR CITY OFFICES. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section ten of chapter fiftj^-three of the General Laws, as 

§ lb. et^c'.. amended, is hereby further amended by striking out the 
amended. sccoud paragraph, as most recently amended by section 

two of chapter three hundred and thirteen of the acts of 
nineteen hundred and thirty-three, and inserting in place 
thereof the following paragraph : — 
Nomination, In any city which does not accept section one hundred 

fo?city^offices. and three A of chapter fifty-four, certificates of nomination 
time for filing, f^j. ^j^y ofljces and nomination papers shall be filed on or 
before the twenty-first day preceding the day of the election, 
except as otherwise provided in any special law affecting 
such city. In any city which accepts said section one hun- 
dred and three A, certificates of nomination and nomination 
papers for any regular cit}^ election shall be filed on or be- 
fore the twenty-eighth day preceding such city election. 
In any such city the time for presenting nomination papers 
for certification to the registrars of voters, and for certifying 



Acts, 1941. — Chap. 279. 225 

the same, shall be governed by section seven of this chapter, 
notwithstanding any contrary provision in any special law. 
In any city where primaries are held, under authority of 
general or special law, for the nomination of candidates for 
city offices, certificates of nomination and nomination papers 
shall be filed not later than the last day fixed for the filing of 
nomination papers for such primaries. 

Approved May 15, 19^1. 



An Act further liberalizing the provisions of law in Qjku) 279 
relation to absentee voting. ^' 

Be it enacted, etc., as follows: 

Section 1. Section ninety-two of chapter fifty-four^of ^j^-^p''- 
the General Laws, as most recently amended by section one § 92,' etc.. 
of chapter one hundred and sixty-two of the acts of nineteen =*™ended. 
hundred and thirty-seven, is hereby further amended by 
striking out, in the ninth and in the twenty-eighth and 
twenty-ninth lines, the words "which is separated by at 
least one municipality from" and inserting in place thereof, 
in each instance, the words: — other than, — so as to read 
as follows : — Section 93. A voter who has received an Absentee 
official absent voting ballot as provided in section eighty- noting. 
nine may vote by mailing the same to the city or town clerk, 
or, if on the day of the biennial state election he will be on 
the high seas in the prosecution of the business of fishing or 
as a mariner, by delivering the same to such clerk. He shall 
mark said ballot in the presence of an official authorized 
by law to administer oaths, and of no other person, in a mu- 
nicipahty other than the city or town where the voter is 
registered, or, if on the day of the biennial state election 
he will be on the high seas in the prosecution of the business 
of fishing or as a mariner, he may mark said ballot in the 
presence of the city or town clerk, and of no other person, 
in the municipality wherein he is registered. Before mark- 
ing the ballot he shall exhibit it to said official, who shall 
satisfy himself that it is unmarked, but he shall not allow 
said official to see how he marks it. Said official shall hold 
no communication with the voter, nor he with said official, 
as to how he is to vote. Thereafter the voter shall enclose 
and seal the same in the proper envelope provided for by 
clause (c) of section eighty-seven. He shall then execute 
before said official the necessary affidavit on said, envelope 
as set forth in said clause (c), and shall enclose and seal the 
envelope with the ballot in the envelope provided for in 
clause (d) of said section, endorse thereon his name, address 
and voting place, and mail the same within the time pre- 
scribed in the following section, postage prepaid, at a post 
office in a municipality other than the city or town wherein 
the voter is registered, or, if on the day of the biennial state 
election he will be on the high seas in the prosecution of 
the business of fishing or as a mariner, may deliver the same 



226 Acts, 1941. — Chap. 280. 

within the time so prescribed to the clerk of the municipahty 
wherein he is registered. 
EdVsI"' Section 2. Subsection (c) of section eighty-seven of said 

§87,' etc., chapter fifty-four, as amended, is hereby further amended 

by striking out the first affidavit therein appearing and in- 
serting in place thereof the following: — 



amended. 



Affidavit. gtate of , 

County of , ss. 

I, , do solemnly swear that I am a registered voter 

in the city or town of , Massachusetts, in precinct 

, ward , that the place where I now am 

is not the municipality in which I am a registered voter; 
that I have carefully read the instructions forwarded to me 
with the ballot herein enclosed, and that I have marked, 
enclosed and sealed the within ballot as stated hereon by 
the person taking my oath. 

(Signature) 

Approved May 15, lO^l. 

Chap. 2S0 An Act further reCxULating the statements of po- 
litical EXPENSES OF CANDIDATES AND POLITICAL COM- 
MITTEES. 

Be it enacted, etc., as follows: 

G.L. (Ter. SECTION 1. Sectlou sixtceu of chapter fifty-five of the 

amended. ' General Laws, as appearing in the Tercentenary Edition, is 
hereb}^ amended by adding at the end the following new 
sentence : — Every such statement shall include the name 
and last known address of each person by or on behalf of 
whom any money or thing of value was so paid or promised 
to be paid to such candidate or to a person on his behalf, 
and also the name and last known address of every person 
to whom or on behalf of whom any money or thing of value 
was so expended, contributed or promised by the candidate 
or by a person on his behalf, — so as to read as follows : — 
uffifi^^*^^ Section 16. Every candidate for nomination for or election 
statements. to a pubHc office shall file a statement setting forth each 
sum of money and thing of value paid or promised to him 
or to a person on his behalf, and each sum of money and thing 
of value expended, contributed or promised by him or by a 
person on his behalf, for the purpose of securing or in any 
way affecting his nomination or election to the office, and 
the name of the person or political committee to or by whom 
the payment, contribution or promise was made and the 
date thereof, or, if nothing has been paid or promised to him 
or to a person on his behalf or contributed, expended or 
promised bj' him or by a person on his behalf, a statement 
to that effect. Such a statement shall be filed by a candi- 
date for nomination as aforesaid at a primary or caucus 
preceding a special state, city or town election, within seven 



Acts, 1941. — Chap. 280. 227 

days after such primar}- or caucus, and by a candidate for 
nomination as aforesaid at any other primary or caucus, 
within sixteen days thereafter, and by a candidate for elec- 
tion as aforesaid, within fourteen days after the election. 
Every such statement shall include the name and last known 
address of each person by or on behalf of whom any money 
or thing of value was so paid or promised to be paid to such 
candidate or to a person on his behalf, and also the name and 
last known address of every person to whom or on behalf 
of whom any money or thing of value was so expended, con- 
tributed or promised by the candidate or by a person on his 
behalf. 

Section 2. Section seventeen of said chapter fifty-five, g. l. (Xer. 
as so appearing, is hereby amended by inserting after the amencfed.* ^^' 
word "incurred" in the eighteenth line the following new 
sentence: — Every such statement shall include. the name 
and last known address of every person by or on behalf of 
whom any money or thing of value was so paid or promised 
to be paid to such committee or to a person on its behalf, 
and also the name and last known address of every person 
to whom or on behalf of whom any money or thing of value 
was so expended, contributed or promised by such political 
committee or by a person on its behalf, — so as to read as 
follows: — Section 17. The treasurer of every political com- Treasurer 

.,, 1-1 • 1 !• 1 of political 

mittee which receives, expends or disburses any mone}^ or committee to 
its equivalent, or incurs any liability to pay money, in con- contents'"^"*' 
nection with any nomination or election to an amount ex- 
ceeding twenty dollars, shall, within thirty days after such 
election, file a statement setting forth all the receipts, ex- 
penditures, disbursements and liabilities of the committee 
and of every officer and other person acting under its au- 
thority or in its behalf. It shall include the amount in each 
case received, the name of the person or committee from 
whom received, the date of its receipt, the amount of every 
expenditure or disbursement, the name of the person or com- 
mittee to whom it was made, and the date thereof; and, 
unless such expenditure or disbursement was made to an- 
other political committee, shall clearly state the purpose of 
such expenditure or disbursement ; also the date and amount 
of every existing promise or liability, both to and from such 
committee, remaining unfulfilled and in force when the state- 
ment is made, the name of the person or committee to or 
from whom the unfulfilled promise or liability exists, and a 
clear statement of the purpose for which the promise or lia- 
bility was made or incurred. Every such statement shall 
include the name and last known address of every person 
by or on behalf of whom any money or thing of value was 
so paid or promised to be paid to such committee or to a 
person on its behalf, and also the name and last known 
address of ever}^ person to whom or on behalf of whom any 
money or thing of value was so expended, contributed or 
promised by such political committee or by a person on its 
behalf. If the aggregate receipts or disbursements of a po- 



228 Acts, 1941. — Chap. 281. 

litical committee in connection with any nomination or elec- 
tion shall not exceed twenty dollars, or if such a committee 
has not received, expended or disbursed any money or its 
equivalent, or incurred any liability, in connection with any 
nomination or election, the treasurer of the committee shall, 
within thirty days after the election, file a statement setting 
forth the fact. Approved May 15, 1941. 



Chap.281 An Act authorizing the Greenfield tap and die cor- 
poration, ITS SUCCESSORS AND ASSIGNS, TO MAINTAIN A 
BRIDGE AND A PIPE LINE OVER NORTH STREET IN THE TOWN 
OF GREENFIELD. 

Be it enacted, etc., as follows: 

Section- 1. The selectmen of the town of Greenfield may 
grant and issue a permit to the Greenfield Tap and Die Cor- 
poration, a corporation duly established and existing under 
the laws of this commonwealth, its successors and assigns, 
hereinafter and in section two referred to as said corporation, 
to maintain a bridge and a pipe line over North street in said 
town, at points where said corporation owns the land in fee 
on opposite sides of said street and also the fee in that part 
of said street to be crossed by said bridge and said pipe line, 
for the purpose of connecting buildings owned and occupied 
by said corporation on opposite sides of said street. Said 
permit shall be granted upon the condition of such ownership 
and such further conditions and subject to such restrictions 
as the selectmen may prescribe. 

Section 2. Any such bridge maintained under a permit 
granted as aforesaid shall be maintained at a height not less 
than fifteen feet above the grade line of said street and shall 
not be more than nine feet in width, and any such pipe line 
maintained under said permit shall be maintained at a height 
not less than nineteen feet above the grade line of said street 
and shall not be more than three and one half feet in width. 
No part of such bridge, or such pipe line, or its supports, shall 
rest on the surface of said street, nor shall such bridge or 
such pipe line be maintained over any portion of said street 
not owned in fee by said corporation without the written 
consent of the owners of such portion in each instance. 

Section 3. If a traveler on the highway while in the 
exercise of due care sustains bodily injury or damage in his 
property by reason of the maintenance of such bridge or 
such pipe line, he may recover damages therefor in an action 
of tort brought in the superior court against said Greenfield 
Tap and Die Corporation, or its successors or assigns, within 
one year after the date of such injury or damage; provided, 
that such notice of the time, place and cause of said injury 
or damage be given to said Greenfield Tap and Die Corpora- 
tion, or its successors or assigns, bj'', or on behalf of, the per- 
son sustaining the same as is, under the provisions of chapter 
eighty-four of the General Laws, valid and sufficient in cases 



Acts, 1941. — Chaps. 282, 283. 229 

of injury or damage sustained by reason of a defect or a want 
of repair in or upon a way, if such defect or want of repair 
is caused by or consists in part of snow or ice, or both. The 
remedy herein provided shall not be exclusive, but shall be 
in addition to any other remedy provided by law. 

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

Approved May 19, 1941. 

An Act relative to the use in this commonwealth of Chav. 282 

COMMERCIAL MOTOR VEHICLES, TRAILERS OR SEMI-TRAILERS 
OWNED BY MASSACHUSETTS CORPORATIONS OR RESIDENTS 
AND USED IN CONNECTION WITH THEIR PLACES OF BUSINESS 
LOCATED OUTSIDE THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section three of chapter ninety of the General Laws, as g. l. (Ter. 
most recently amended by chapter three hundred and" § 3, ;tc.,' 
twenty-five of the acts of nineteen hundred and thirty-nine, amended, 
is hereby further amended by adding at the end the follow- 
ing new paragraph: — 

A corporation organized under the laws of this cojnmon- Motor vehicles 
wealth, or a person resident therein, having a place of busi- orthe°com-^ 
ness in another state or a foreign country shall, with respect ™i°s^p|J^gtfg 
to the operation upon the ways of this commonwealth of a residents. 
commercial motor vehicle, trailer or semi-trailer which is 
used in connection with such place of business, is custom- 
arily garaged in such other state or foreign country and is 
registered therein, have the rights and privileges and be sub- 
ject to the obhgations imposed by this section. 

Approved May 19, 19^1. 

An Act permitting certain unregistered motor trucks Chap. 28S 

TO BE operated UPON WAYS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section nine of chapter ninety of the General Laws, as g. l. (Ter. 
amended by chapter three hundred and sixty-one of the § g^'eu.l 
acts of nineteen hundred and thirty-four, is hereby further amended. 
amended by striking out, in the fourteenth, .sixteenth, eight- 
eenth and twenty-first lines, the words "or trailer" and 
inserting in place thereof, in each instance, the words : — , 
trailer or truck, — so as to read as follows: — Section 9. No Operation of 
person shall operate any motor vehicle or draw any trailer, et'a!nfotor'^' 
and the owner or custodian of such a vehicle shall not permit vehicles. 
the same to be operated upon or to remain upon any way 
except as authorized by section three, unless such vehicle is 
registered in accordance with this chapter and carries its 
register number displayed as provided in section six, and, 
in the case of a motor vehicle, is equipped as provided in 
section seven, except that any motor vehicle or trailer may, 
if duly registered, be operated or remain upon any way be- 
tween the hours of twelve o'clock noon on December thirty- 



230 Acts, 1941. — Chap. 284. 

first of one year and twelve o'clock noon on January first of 
the following year if it carries its register number of either 
year displayed as provided in section six, and except that a 
tractor, trailer or truck may be operated without such regis- 
tration upon any wa}^ for a distance not exceeding one half 
mile, if said tractor, trailer or truck is used exclusively for 
agricultural purposes, or for a distance not exceeding three 
hundred yards, if such tractor, trailer or truck is used for 
industrial purposes other than agricultural purposes, for 
the purpose of going from property owned or occupied by the 
owner of such tractor, trailer or truck to other property so 
owned or occupied; but violation of this section shall not 
constitute a defence to actions of tort for injuries suffered 
by a person, or for the death of a person, or for injury to 
property, unless it is shown that the person injured in his 
person or property or killed was the owner or operator of the 
motor vehicle the operation of which was in violation of this 
section, or unless it is shown that the person so injured or 
killed, or the owner of the property so injured, knew or had 
reasonable cause to know that this section was being violated. 
A motor vehicle or trailer shall be deemed to be registered 
in accordance with this chapter notwithstanding any mistake 
in so much of the description thereof contained in the apph- 
cation for registration or in the certificate required to be filed 
under section thirty-four B as relates to the type of such 
vehicle or trailer or to the engine, serial or maker's number 
thereof, or any mistake in the statement of residence of the 
applicant contained in said application or certificate. 

Approved May 19, 1941. 



Chap. 284: An Act providinCx that the chairman of the board of 

PUBLIC WELFARE OF THE TOWN OF WEST SPRINGFIELD BE A 
TOWN MEETING MEMBER EX OFFICIO. 

Be it enacted, etc., as follows: 

Section three of chapter three hundred and eleven of the 
acts of nineteen hundred and twenty-two is hereby amended 
by inserting after the word "commission" in the fifteenth 
fine the words : — , the chairman of the board of public wel- 
fare, — so that the first sentence will read as follows : — Any 
representative town meeting held under the provisions of this 
act, except as otherwise provided, shall be limited to the 
elected town meeting members together with the follow- 
ing, designated as town meeting members ex officio, namely: 
any member of the general court of the commonwealth of 
Massachusetts 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 town auditor or auditors, 
the chairman of the school committee, the chairman of the 
trustees of the public hbrary, the chairman of the board of 
health, the chairman of the park commission, the chairman 



Acts, 1941. — Chaps. 285, 286. 231 

of the water commission, the tree warden, the chairman of 
the planning board, the chairman of the assessors of taxes, 
the chairman of the sinking fund commission, the chairman 
of the board of pubhc welfare and the members of the finance 
committee. Approved May 19, 1941- 

An Act relative to the endorsement, on promissory (Jhav 285 

NOTES GIVEN IN CONNECTION WITH CONTRACTS OF CONDI- 
TIONAL SALE OF PERSONAL PROPERTY, OF PAYMENTS MADE 
UNDER THE TERMS OF SUCH CONTRACTS. 

Be it enacted, etc., as follows: 

Section thirteen of chapter two hundred and fifty-five of ^nV-^T®'"- 
the General Laws, as amended by section one of chapter five § 13,' etc.,' 
hundred and nine of the acts of nineteen hundred and thirty- '^'"ended. 
nine, is hereby further amended by inserting after the word 
"copy" in the fifth line the words: — and on any promissory 
note which is evidence of the obligation of the vendee, — 
so as to read as follows: — Section 13. A copy of every such Copy of con- 
contract shall be furnished to the vendee at the time of its furnLhed^ 
execution. When a payment is made by the vendee under sendee. 
the terms of any such contract, on request of the vendee, 
such payment shall be endorsed on the contract and on such 
copy and on any promissory note which is evidence of the 
obligation of the vendee or set forth in a receipt given to the 
vendee. Any such receipt shall include the amount of the 
payment made and the balance due on the contract, with a 
specific identification of the contract to which the payment 
is applied. Failure of the vendor through negligence to 
comply with any provision of this section shall suspend his 
rights under the contract while such failure continues. 

Approved May 19, 1941. 

An Act more fully defining the term, "adjuster of Chav. 2SQ 

FIRE losses". 

Be it enacted, etc., as follows: 

Section one hundred and sixty-two of chapter one hundred ^J^^- {^w. 
and seventy-five of the General Laws, as appearing in the § 162, 
Tercentenary Edition, is hereby amended by striking out ''"'^"'^®'^- 
the third paragraph and inserting in place thereof the fol- 
lowing paragraph : — 

Whoever, for compensation, not being an attorney at law Adjuster of 

,...1 1 e ^ • r • j , fire losses. 

acting in the usual course 01 his profession, or a trustee or 
agent of the property insured, directly or indirectly solicits 
from the insured or his representative the settlement or 
appraisal of a loss under a fire insurance policy shall be 
an adjuster of fire losses. Approved May 19, 194-1. 



232 



Acts, 1941. — Chaps. 287, 288. 



Chap. 287 An Act authorizing gaetano bruno juvenile mutual 

RELIEF association OF ARIANO, INC. TO MAKE LOANS TO 
ITS MEMBERS. 

Be it enacted, etc., as follows: 

Gaetano Bruno Juvenile Mutual Relief Association of 
Ariano, Inc., a fraternal mutual benefit society organized 
under general laws, may make loans to its members; pro- 
vided, that any such loan made to a member shall not be 
in excess of the amount of the member's death benefit; and 
provided, further, that notwithstanding any provision of 
section thirty of chapter one hundred and seventy-six of 
the General Laws, the amount of any such outstanding loan 
which remains unpaid at the decease of a member may be 
deducted from the death benefit due to such member's 
beneficiary. Approved May 19, 1941. 



G. L. (Ter. 
Ed.), 148, § 16, 
amended. 



Chav. 2S8 An Act penalizing the failure to file certain cer- 
tificates OF REGISTRATION AND TO PAY CERTAIN FEES 
IN CONNECTION WITH THE STORING, MANUFACTURING AND 
SELLING OF CERTAIN EXPLOSIVES AND INFLAMMABLE 
MATERIALS. 

Be it enacted, etc., as follows: 

Section sixteen of chapter one hundred and forty-eight of 
the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by inserting after the word "thir- 
teen" in the fifth line the words: — , or whoever, not being 
exempt from the provisions of section thirteen relating to 
the filing of a certificate of registration, fails to file said 
certificate and to pay such fee as may be established under 
section thirteen, — so as to read as follows: — Section 16. 
Whoever keeps, stores, uses, manufactures, sells, handles or 
otherwise disposes of any of the articles mentioned in sec- 
tion nine, in violation of section twelve or thirteen or of any 
regulation, ordinance or by-law made under section nine, or 
whoever violates any regulation made under section thir- 
teen, or whoever, not being exempt from the provisions of 
section thirteen relating to the filing of a certificate of regis- 
tration, fails to file said certificate and to pay such fee as 
may be established under section thirteen, shall, except as 
provided in sections fifteen and thirty-five and in section 
one hundred and two A of chapter two hundred and sixty- 
six, be punished by a fine of not more than one hundred 
dollars or by imprisonment for not more than one month, 
or both. Approved May 19, 19^1. 



Storing, etc., 
of explosives. 

Penalties. 



Acts, 1941. — Chap. 289. 233 



An Act authorizing the city of holyoke to convey to C hap. 2S9 

STEWART R. ALLYN AND EDWARD S. o'dONNELL CERTAIN 
LAND OWNED BY SAID CITY AND TO RECEIVE IN EXCHANGE 
THEREFOR CERTAIN PROPERTY FROM SAID ALLYN AND 

o'donnell. 

Be it enacted, etc., as follows: 

The city of Holyoke, acting through its park and recrea- 
tion commission or other authorized agent, is hereby em- 
powered to convey, without monetary consideration, to 
Stewart R. Allyn and Edward S. O'Donnell, both of said 
Holyoke, jointly and as partners, as part of their partner- 
ship estate, a certain lot of land situated in said Holyoke 
on the easterly side of Pleasant street extension and de- 
scribed as follows : — Beginning at the southwest corner of 
lot numbered one of land of Hastings Realty Trust as shown 
on a plan recorded in Hampden county registry of deeds, 
book of plans sixteen, page sixty-two; thence running 
southerly along the easterly hne of said Pleasant street ex- 
tension a distance of one hundred eighteen and fifty-eight 
one hundredths feet, more or less, to land now or formerly 
of one Charleton; thence running easterly along the north- 
erly Une of said land of one Charleton a distance of one 
hundred and thirty- two feet, more or less, to a point; thence 
running northerly a distance of one hundred and seventy- 
six one hundredths feet, more or less, to the southeast cor- 
ner of said lot numbered one; thence running westerly along 
the southerly hne of said lot numbered one a distance of one 
hundred twenty-seven and seventy-five one hundredths feet, 
more or less, to the point of beginning; and in exchange 
therefor to acquire by deed, without monetary considera- 
tion, from said Allyn and O'Donnell, a certain lot of land 
located in said Holyoke on the easterly side of the Pleasant 
street extension, so-called, bounded and described as fol- 
lows : — Beginning at the northwest corner of lot numbered 
seven as shown on a plan of lots recorded in Hampden county 
registry of deeds, book of plans sixteen, page sixty-two; 
thence running northerly on the easterly line of said Pleas- 
ant street extension a distance of seventy-five feet to a 
point; thence running easterly a distance of one hundred 
and forty-four feet, more or less, to a point in the line of 
land of the grantee herein named ; thence running southerly 
a distance of ninety-two feet along line of land of grantee 
to the northeast corner of said lot numbered seven; thence 
running westerly along the northerly line of said lot num- 
bered seven a distance of one hundred thirty-two and sev- 
enty-five one hundredths feet, more or less, to the point of 
beginning; being the southerly portion of lot numbered eight 
as shown on said plan of lots. Approved May 19, 1941. 



234 



Acts, 1941. — Chap. 290. 



G. L. (Ter. 
Ed.), 31, new 
section 47B, 
added. 

Classification 
of certain 
civil service 
employees. 



Chav 290 ^^ ^^^ relative to the classification and establish- 

MENT OF seniority OF CERTAIN CIVIL SERVICE EMPLOYEES. 

Be it enacted, etc., as follows: 

Chapter thirty-one of the General Laws is hereby amended 
by inserting after section forty-seven A, inserted by chapter 
one hundred and ninety-five of the acts of nineteen hundred 
and forty-one, the following new section: — Section 4'^ B. 
Whenever any class of employees in any city or town not 
already in the classified official or labor service is placed 
therein by statute or otherwise, the appointing authority of 
said city or town shall forthwith submit to the director a 
list of all the employees of said class who are actually in 
the employ of said city or town at that time. Said list shall 
state the type and kind of work, the length of service, and 
the compensation of each person so included and any other 
information which the director may request. 

Every person of said class who has been continuously 
employed by said city or town for at least six months im- 
mediately prior to the date when such class is placed within 
the classified service shall be included on said list; but no 
person who has been employed by said city or town for less 
than six months immediately prior thereto shall be so in- 
cluded. 

Upon receipt of said Ust from the appointing authority of 
said city or town the director shall cause a copy of the same 
to be posted in a public place in said city or town for a 
period of thirty days. At the expiration of said thirty- 
day period the director shall forthwith classify and fix the 
seniority of said employees in accordance with said list and 
shall record said classifications and seniority dates in the 
permanent records of the division. 

If, within ten days after the posting of said list, any per- 
son whose rights are alleged to have been affected shall 
petition the director in writing to establish the correctness 
thereof, the director shall forthwith hold a pubhc hearing 
and shall hear all parties concerned and may make such 
changes in said fist as he may deem necessary, but no change 
shall be made more than thirty days after the posting of 
said list. 

For the purposes of this section, the seniority date of 
each person classified shall be the date upon which he be- 
came a permanent employee of said city or town. 

Approved May 19, 1941- 



Acts, 1941. — Chap. 291. 235 



An Act further regulating the number of dwelling Qhav. 2Q1 

UNITS WHICH MAY BE CONTAINED IN CERTAIN BUILDINGS 
erected and MAINTAINED BY HOUSING AUTHORITIES. 

Be it enacted, etc., as follows: 

Section twenty-six BB of chapter one hundred and twenty- g-^^- (Jer. 
one of the General Laws, as inserted by section one of chap- § 26Bb, etc., 
ter four hundred and eighty-four of the acts of nineteen '''"^nded. 
hundred and thirty-eight, is hereby amended by inserting 
the following proviso at the end of the fii'st sentence thereof: 

— ; provided, that, with the approval of the housing board, 
any building in a housing project of not more than three 
stories in height which is divided into two or more sections 
by a fire wall or fire walls, contains a stairway in each sec- 
tion extending from the roof to the ground directly acces- 
sible to the occupants of each dwelling unit therein, is built 
of first class construction, as defined in section two of chap- 
ter one hundred and forty-four, and, together with the other 
buildings on the same project, does not occupy more than 
thirty per centum of the area thereof, may be designed, 
erected and maintained with not more than four dwelling 
units above the second story in each section, although such 
dwelling units contain in the aggregate more than eight 
rooms and the only means of egress is as above described, 

— so as to read as follows : — Section 26 BB. Except as pro- Regulation of 
vided in section twenty-six Q with respect to projects ac- dwdiing°* 
quired or leased from the federal government, every project units in cer- 
of a housing authority shall be subject to all statutes, projects. 
and all ordinances, by-laws and regulations of the city or 

town in which it lies, relating to town planning, zoning, the 
construction and repair of buildings, and the protection of 
the pubHc health; provided, that, with the approval of the 
housing board, any building in a housing project of not 
more than three stories in height which is divided into two 
or more sections by a fire wall or fire walls, contains a stair- 
way in each section extending from the roof to the ground 
directly accessible to the occupants of each dwelling unit 
therein, is built of fii'st class construction, as defined in sec- 
tion two of chapter one hundred and forty-four, and, to- 
gether with the other buildings on the same project, does 
not occupy more than thirty per centum of the area thereof, 
may be designed, erected and maintained with not more 
than four dwelling units above the second story in each 
section, although such dwelling units contain in the aggre- 
gate more than eight rooms and the only means of egress 
is as above described. Chapter thirty-one and the rules 
and regulations made thereunder shall not apply to any 
officer, agent or employee of a housing authority or of the 
housing board or to any person employed on or in connec- 
tion with, any project of a housing authority. 

Approved May 20, 191^1. 



236 



Acts, 1941. — Chaps. 292, 293. 



Chap.292 An Act providing for placing the names of candi- 
dates OF THE TWO LEADING POLITICAL PARTIES FOR CER- 
TAIN STATE OFFICES AT THE HEAD OF THE BALLOT AT 
STATE ELECTIONS IN PLACES WHERE VOTING MACHINES 
ARE NOT USED. 



G. L. (Ter. 
Ed.). 54. 
{ 42, etc., 
amended. 



Ballots, con- 
tents, arrange- 
ment of names 
thereon. 



Be it enacted, etc., as follows: 

Section forty-two of chapter fifty-four of the General 
Laws is hereby amended by striking out the first paragraph, 
as most recently amended by section two of chapter two 
hundred and thirty-eight of the acts of nineteen hundred 
and thirty-five, and inserting in place thereof the following 
paragraph : — The names of the candidates for any office to 
be filled by all the voters of the commonwealth nominated 
by each of the two political parties which cast the highest 
and the next highest number of votes for governor at the 
preceding biennial state election, shall, except in places 
where voting machines are used, be placed in the first two 
places on the ballot, under the designation of the office, in 
alphabetical order according to their surnames, and the 
names of other candidates for such offices shall follow in 
such order. 

The names of candidates for other state offices, and the 
names of candidates for county, city and town office, shall, 
except at elections in places where voting machines are used, 
be arranged under the designation of the office in alphabeti- 
cal order according to their surnames, except as city char- 
ters otherwise provide in the case of municipal offices; but 
the names of candidates for different terms of service in the 
same office shall be arranged in groups according to the 
length of their respective terms, and the names of candi- 
dates nominated by single wards but to be voted for at 
large shall be arranged in groups by wards. In the case of 
representatives in congress, the designation may be "con- 
gressman". Blank spaces shall be left at the end of the 
list of candidates for each different office equal to the num- 
ber to be elected thereto, in which the voter may insert the 
name of any person not printed on the ballot for whom he 
desires to vote for such office. If the approval of any ques- 
tion is submitted to the voters, it shall be printed on the 
ballot after the names of the candidates. 

Approved May 20, 1941. 



Chap. 29S An Act changing and making permanent the law au- 
thorizing CO-OPERATIVE BANKS TO MAKE DIRECT-REDUC- 
TION LOANS ON REAL ESTATE AND PROVIDING FOR THE 
SUSPENSION OF PAYMENTS THEREON BY PERSONS IN THE 
MILITARY OR NAVAL SERVICE AND OTHERS. 

Be it enacted, etc., as follows: 

Ed-xiTo,"^' Section 1. Chapter one hundred and seventy of the 

new 'sections General Laws is hereby amended by inserting after section 

36A to 36D, 
added. 



Acts, 1941.— Chap. 293. 237 

thirty-six, as appearing in chapter one hundred and forty- 
four of the acts of nineteen hundred and thirty-three, the 
four following new sections under the caption direct-re- 
duction loans: — Section 36 A. Any such corporation may Direct-reduc- 
also make loans, to be known as direct-reduction loans, c'c^operatlil'e^ 
upon improved real estate situated in the commonwealth, banks. 
the title to which is in the name of the borrower and which 
is unencumbered by any mortgage or lien other than munic- 
ipal liens or such mortgages as may be held by the corpora- 
tion making the loan. All such loans shall be subject to 
the following provisions : — each such loan shall be evi- 
denced by a promissory note in the full sum loaned, signed 
by the borrower; each note and mortgage taken hereunder 
shall contain provisions calling for fixed monthly payments, 
in the same amount during the term of the loan, which pay- 
ments shall be first apphed to interest and the balance 
thereafter remaining applied to principal; interest upon 
each such loan shall be computed monthly on the unpaid 
balance thereof; the borrower and each subsequent owner 
of the equity of redemption shall at all times be a member 
of such corporation, holding one or more unmatured, ma- 
tured or paid-up shares in his own name; and any mort- 
gage taken hereunder may contain provisions requiring the 
payment each month of a monthly apportionment of esti- 
mated taxes, betterment assessments and insurance pre- 
miums, or any of them. Failure to comply with any of the 
foregoing requirements contained in such a mortgage or 
note shall constitute a breach of condition for which the 
unpaid balance of such loan shall become due and payable 
forthwith at the option of such corporation. 

No such loan shall have a term of less than five nor more 
than twenty years, nor shall such loan exceed eighty per 
cent of the value of the mortgaged property as certified by 
the security committee of such corporation. No such loan 
upon any one parcel of real estate so mortgaged shall ex- 
ceed ten thousand dollars. The aggregate amount of such 
loans as to each of which the unpaid balance of principal 
outstanding is eight thousand dollars or more made by any 
such corporation shall not at any time exceed five per cent 
of the aggregate amount of all loans secured by mortgages 
of real estate held by such corporation. 

The aggregate amount of such loans to any one borrower 
by any such corporation shall not exceed ten thousand 
dollars or one per cent of the aggregate amount of all loans 
secured by mortgages of real estate held by such corpora- 
tion, whichever is greater, but in no event shall such aggre- 
gate amount of such loans to any one borrower by any such 
corporation exceed fifty thousand dollars; provided, that 
the conditions contained in this paragraph shall not apply 
to any loan the real estate securing which has been sold to 
a bona fide purchaser who is deemed by such corporation 
to be a responsible person and who has agreed in writing 
with such corporation to assume payment of the note aC' 



238 



Acts, 1941. — Chap. 293. 



Principal 
payments. 



Special pro- 
visions respect- 
ing persons in 
military or 
naval service. 



cording to its terms and to comply with and perform the 
conditions of the mortgage. 

Section 36B. Any such corporation may accept principal 
payments in excess of pajonents required under any mort- 
gage written under section thirty-six A, in which event the 
directors may reduce the monthly payments as set forth in 
said mortgage; pro\dded, that such reduced payments shall 
not extend the original term of the mortgage, except as 
authorized by section thirty-six D. 

Section S6C. For the accommodation of any owner of 
record of the equity of redemption who is actually in mili- 
tary or naval service of the United States, or who is the 
wife or a dependent member of the family of such a person, 
or for the accommodation of any owner of record of the 
equity of redemption who is otherwise temporarily unable 
to make payments to such corporation on account of his 
loan because of unemployment or other emergency, the 
directors of such corporation may suspend or waive so 
much of the monthly payments as would otherwise be 
credited to principal, but only for a period not in excess of 
one year at any one time. 

The amount of the loan remaining due as aforesaid shall 
be payable as provided in the following paragraph with in- 
terest payable monthly at the rate existing at the time of 
the suspension, and shall be subject to such fine as may be 
prescribed by the by-laws of the corporation and to fore- 
closure or other remedy provided by law in case of default; 
provided, that the person seeking such accommodation shall 
sign a written request therefor stating his reasons and agree- 
ing in consideration thereof to abide fully by the terms of 
this and the following paragraph and also all requirements 
of said directors, who shall be the sole judges of the neces- 
sity of the accommodation and of the time when such ac- 
commodation shall be terminated. 

Upon the expiration of the period of accommodation, or 
of such shorter period as the owner of the equity of redemp- 
tion may request, unless the amount of the principal pay- 
ments which were suspended are paid and the fixed monthly 
payments resumed, or unless the fixed monthly payments 
have been changed by agreement pursuant to section thirty- 
six D, said directors shall cause to be computed the monthly 
payments necessary to effect the payment of the indebted- 
ness at the expiration of the term set forth in the note and 
mortgage; whereupon said owner of the equity of redemp- 
tion shall be required to assent in writing to the resumption 
and increase in the monthly payments. Failure to assent 
to such resumption and increase when so required shall 
render said balance immediately due and payable, and 
payment thereof may be enforced against the security by 
foreclosure proceedings or by any other remedy provided by 
law for the collection of debts. 



Acts, 1941. — Chaps. 294, 295. 239 

Section 36D. With the approval of the board of directors Extension 
of any such corporation, at the request of the owner of the odol^. 
equity of redemption and upon a certification of the security 
committee of such corporation that the then balance of the 
amount due does not exceed eighty per cent of the value 
of the mortgaged premises, the amount of the fixed monthly 
payments called for by any such note and mortgage may be 
changed; provided, that any such change shall not result 
in the extension of the term of such loan beyond twenty 
years from the date of such change; and provided, further, 
that such change shall be evidenced by an instrument set- 
ting forth such change, payments and mortgage extension. 

Section 2. Chapter one hundred and ninety-one of the Temporary 
acts of nineteen hundred and thirty-five, as amended by ^'^^ '"epeaied. 
chapter two hundred and three of the acts of nineteen hun- 
dred and thirty-six, chapter two hundred and thirty-three 
of the acts of nineteen hundred and thirty-seven and chap- 
ter one hundred and ninety-nine of the acts of nineteen hun- 
dred and thirty-eight, is hereby repealed. 

Approved May 20, 1941. 



An Act providing that the section of the new state 
highway from the billerica-chelmsford line to the 
north chelmsford line be known as the lowell 
turnpike highway. 

Be it enacted, etc., as follows: 

The section of the new state highway lying between the 
Billerica-Chelmsford boundary line and the so-called North 
Chelmsford hne shall be known as the Lowell turnpike high- 
way. Approved May 20, 1941. 



Chap.2M 



Chap. 295 



An Act relative to the approval by municipal au- 
thorities OF THE LOCATION OF A RACE TRACK WHERE A 
RACING MEETING AT WHICH THE PARI-MUTUEL SYSTEM OF 
WAGERING SHALL BE PERMITTED IS PROPOSED TO BE HELD 
IN CONNECTION WITH A STATE OR COUNTY FAIR. 

Be it enacted, etc., as follows: 

Section thirteen A of chapter one hundred and twenty- g. l. (Xer. 
eight A of the General Laws, as most recently amended by §^*i3A,^eti^,' 
chapter one hundred and fifty-nine of the acts of nineteen amended. 
hundred and thirty-nine, is hereby . further amended by in- 
serting after the word "town" in the tenth line the words: 
— , except in connection with a state or county fair, — so 
as to read as follows: — Section ISA. The provisions of ^pp^pj^^^°^ 
section one hundred and eighty-one of chapter one hundred certain race 
and forty and of sections thirty-one, thirty-three and thirty- Jeq^v^red. 
four of chapter two hundred and seventy-one, and of chap- 
ter four hundred and ninety-four of the acts of nineteen 
hundred and eight, shall not apply to race tracks or racing 



240 Acts, 1941. — Chap. 296. ■ 

meetings laid out and conducted by licensees under this 
chapter; except that no license shall be granted by the com- 
mission for a racing meeting in any city or town, except in 
connection with a state or county fair, unless the location 
of the race track where such meeting is to be held or con- 
ducted 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 pubhc 
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 publication in a 
newspaper published in such city or town, if there is any 
published therein, otherwise in a newspaper pubUshed in 
the county wherein such city or town is situated. 

Approved May 20, 1941. 

Chap. 296 An Act authorizing the leasing of municipally owned 

LANDS FORMERLY HELD UNDER TAX TITLES, AUTHORIZING 
THE CUSTODIAN OF SUCH LANDS TO EMPLOY ASSISTANTS 
AND EXTENDING THE PERIOD OF OPERATION OF THE LAW 
RELATIVE TO THE CARE AND DISPOSAL OF SUCH LANDS. 

pr'^mbiT^ Whereas, The provisions of law sought to be extended by 

this act would, but for this act, shortly cease to be effec- 
tive, but the circumstances and conditions which made ad- 
visable their enactment still continue and it is accordingly 
desirable that said provisions continue in effect without in- 
terruption; therefore this act is hereby declared to be an 
emergency law," necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and fifty-eight of the 
acts of nineteen hundred and thirty-eight, as most recently 
amended in section one by chapter one hundred and twenty- 
three of the acts of nineteen hundred and thirty-nine, is 
hereby further amended by inserting after section two 
the two following new sections : — Section 2 A . If the custo- 
dian is of the opinion that a sale of any such property is 
not immediately practicable, the custodian, acting on behalf 
of the city or town, may, subject to the approval of the 
mayor or the board of selectmen, notwithstanding any pro- 
vision of law, ordinance or by-law inconsistent herewith, 
lease such property for a term not exceeding three years, 
and may on behalf of the city or town execute and deliver 
such lease. 

Section 2B. The custodian, subject to appropriation, may 
employ one or more assistants as may be necessary for the 
proper performance of his duties, and such assistants shall 
receive as compensation such amounts as may be approved 
by the mayor or by the board of selectmen. 

Section 2. Section three of said chapter three hundred 
and fifty-eight is hereby amended by striking out, in the 



Acts, 1941. — Chaps. 297, 298. 241 

second line, the word "three" and inserting in place thereof 
the word : — nine, — so as to read as follows : — Section 3. 
This act shall become inoperative at the expiration of nine 
years after its effective date. Approved May 21, 1941. 



An Act relative to the printing of the annual lists Chap. 297 

CONCERNING PARDONS TRANSMITTED BY THE GOVERNOR 
TO THE GENERAL COURT. 

Be it enacted, etc., as follows: 

Section one hundred and fifty-two of chapter one hun- g. l. (Ter. 
dred and twenty-seven of the General Laws, as most re- f 152/etc'., 
cently amended by chapter four hundred and seventy-nine amended. 
of the acts of nineteen hundred and thirty-nine, is hereby 
further amended by adding at the end of the fourth para- 
graph the following new sentence: — Any such hst of par- Annual lists 
dons granted during an odd-numbered year, when trans- "^ p^'"'^o"8- 
mitted to the general court, shall, for the purpose of being 
printed, be considered by the next general court as having 
,been transmitted to it. Approved May 21, 19^1. 



An Act restricting the use of the word "dairy" on Q^nj) OQS 

VEHICLES used IN THE BUSINESS OF SELLING MILK, ^' 

SKIMMED MILK OR CREAM. 

Be it enacted, etc., as follows: 

Section forty of chapter ninety-four of the General Laws, S^- (Ter. 
as appearing in the Tercentenary Edition, is hereby amended amendeli.^ ^^' 
by inserting after the word "height" in the nineteenth hne 
the following new sentence :^ — No person, other than a pro- 
ducer selling milk or cream, or both, shall display the word 
"dairy" on any vehicle used by him or his authorized 
agent in the business of selhng milk, skimmed milk or cream, 
unless such person has a license, in full force and effect, is- 
sued under section forty-eight A, — so as to read as follows: 
— Section Ifi. No person, except a producer selling milk to License to seU 
other than consumers, or selling not more than twenty quarts """"' ®'''' 
per day to consumers, shall deliver, exchange, expose for 
sale or sell or have in his custody or possession with intent 
so to do any milk, skimmed milk or cream in any town 
where an inspector of milk is appointed, without obtaining 
from such inspector a license which shall contain the num- 
ber thereof, the name, place of business, residence, number 
of vehicles used by the licensee and the name of each driver 
or other person employed by him in carrying or selhng milk. 
A license issued to a partnership or corporation shall be 
issued in the business name of said partnership or corpora- 
tion and shall contain the names in full of the partners and 
managers of said partnership or officers of said corporation. 
The license shall, for the purposes of sections forty to forty- 
two, inclusive, be conclusive evidence of ownership and 



242 Acts, 1941. — Chaps. 299, 300. 

shall not be sold, assigned or transferred. Whoever in such 
a town, engages in the business of selling milk, skimmed 
milk or cream from any vehicle shall display conspicuously 
on the outer side of each vehicle so used, his license number 
in figures not less than one and one half inches in height, 
and the name and place of business of the licensee in gothic 
letters not less than one and one half inches in height. No 
person, other than a producer selling milk or cream, or both, 
shall display the word "dairy" on any vehicle used by him 
or his authorized agent in the business of selling milk, 
skimmed milk or cream, unless such person has a license, in 
full force and effect, issued under section forty-eight A. 
Whoever in such town engages in the business of selling 
milk, skimmed milk or cream in a store, booth, stand or 
market place shall have his license conspicuously posted 
therein. Approved May 21, 1941- 

Chap. 299 An Act authorizing the town of walpole to convey a 

PORTION OF THE TOWN PARK, SO CALLED, LOCATED IN 
SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Walpole is hereby authorized 
to convey to Elizabeth E. Spear the following parcel of land, 
being a portion of Town park, so called, located in said 
town: — Beginning at a concrete bound at the southwest- 
erly corner of said parcel at land, now or formerly of Horace 
A. Spear and of the town of Walpole; thence north forty 
degrees, nine minutes east one hundred and seven feet along 
land now or formerly of Horace A. Spear to a concrete 
bound at land now or formerly of Leroy F. Spear; thence 
south forty-nine degrees, fifty-one minutes east fifty feet on 
land now or formerly of Leroy F. Spear to a point at land 
of the town of Walpole; thence south forty degrees, nine 
minutes west one hundred and seven and twelve one hun- 
dredths feet along said land of the town of Walpole to a 
point at other land now or formerly of said Horace A. Spear; 
thence north forty-nine degrees, forty-two minutes, twenty- 
six seconds west fifty feet on land now or formerly of said 
Horace A. Spear to the point of beginning, said parcel con- 
taining fifty-four hundred square feet more or less. 

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

Approved May 22, 1941. 

Chap. 300 An Act authorizing the city of holyoke to pay a sum 

OF MONEY TO DOMINIC A. FALCEITI AND VALENTINA FAL- 
CETTI IN COMPENSATION FOR DAMAGES SUSTAINED BY 
REASON OF A CERTAIN LAND TAKING BY SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke is hereby authorized to 
pay to Dominic A. Falcetti and Valentina Falcetti, both of 



Acts, 1941. — Chaps. 301, 302. 243 

said city, a sum of not more than two hundred dollars in 
full compensation for damages sustained by them by reason 
of the taking by said city, for street widening purposes, of 
land owned by them. 
Section 2. This act shall take effect upon its passage. 

Approved May 22, 191^1. 



An Act authorizing the town of Freetown to use, for (7/iai).301 

MAINTENANCE PURPOSES OR IN THE REDUCTION OF THE 
TAX LEVY, CERTAIN MONEYS RECEIVED FROM THE SALE OF 
LAND PURCHASED OR TAKEN BY IT FOR NON-PAYMENT OF 
TAXES. 

Be it enacted, etc., as follows: 

Section 1. The town of Freetown is hereby authorized 
to use a sum not exceeding thirteen thousand dollars now 
in the town treasury, said sum having been received -from 
the sale of land purchased or taken by it for non-payment 
of taxes, for maintenance purposes or in reduction of the 
tax levy, notwithstanding section sixty-three of chapter 
forty-four of the General Laws; provided, that not more 
than three thousand dollars shall be used as aforesaid in 
any one year. 

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

Approved May 22, 1941. 



An Act providing for the installation of a sprinkler Chav. S02 

SYSTEM AT THE HAMPSHIRE COUNTY SANATORIUM AND FOR 
THE PAYMENT OF THE COST OF SUCH SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of installing a sprinkler 
system at the Hampshire county sanatorium, situated in 
that portion of the city of Northampton known as Leeds, 
— the county commissioners of Hampshire county may ex- 
pend a sum not exceeding twelve thousand dollars. Said 
sum shall ultimately be repaid by the cities and towns of 
Hampshire, Frankhn and Berkshire counties in the same 
proportions as are established and set forth for the payment 
of maintenance expenses of said sanatorium in existing con- 
tracts, entered into under section seventy-nine of chapter 
one hundred and eleven of the General Laws, for the use 
of said sanatorium for the purpose of guaranteeing adequate 
hospital provision for tubercular patients residing in said 
cities and towns: to wit, the cities and towns of Hamp- 
shire county, sixty per cent; of Franklin county, twelve 
per cent; and of Berkshire county, twenty-eight per cent. 

Section 2. For the purpose of meeting the initial ex- 
penditure as aforesaid, the county treasurer of the county 
of Hampshire, with the approval of the county commis- 
sioners, may borrow on the credit of the county such sums 



244 Acts, 1941. — Chap. 303. 

as may be necessary, not exceeding, in the aggregate, twelve 
thousand dollars, and may issue notes of the county there- 
for, which shall bear on their face the words, Hampshire 
County Sanatorium Sprinkler System Loan, Act of 1941. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than three years 
from the date of issue. The notes shall be signed by the 
county treasurer and countersigned by a majority of the 
county commissioners. To meet payments of principal and 
interest on account of said notes, each of the counties of 
Franklin and Berkshire shall, upon the certification to the 
county commissioners of said county by the county treas- 
urer of Hampshire county of the sum due on account of 
the cities and towns in their county ultimately liable under 
section one, pay such sum into the treasury of Hampshire 
county; and, for the purposes hereof, the sum so required 
to be paid by each such county shall be treated as tubercu- 
losis hospital maintenance, and the pertinent provisions of 
section eighty-five of said chapter one hundred and eleven 
shall apply to the raising, apportioning and collection thereof. 
Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by the county commis- 
sioners of Hampshire, Franklin and Berkshire counties, but 
not otherwise. Approved May 22, 1941. 



Chap. SOS An Act providing for the construction of a central 

HEATING PLANT AT THE HAMPSHIRE COUNTY SANATORIUM 
AND FOR THE PAYMENT OF THE COST OF SUCH PLANT. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a central 
heating plant at the Hampshire county sanatorium, situ- 
ated in that portion of the city of Northampton known as 
Leeds, the county commissioners of Hampshire county may 
expend a sum not exceeding thirty thousand dollars. Said 
sum shall ultimately be repaid by the cities and towns of 
Hampshire, Franklin and Berkshire counties in the same 
proportions as are estabhshed and set forth for the payment 
of maintenance expenses of said sanatorium in existing con- 
tracts, entered into under section seventy-nine of chapter 
one hundred and eleven of the General Laws, for the use of 
said sanatorium for the purpose of guaranteeing adequate 
hospital provision for tubercular patients residing in said 
cities and towns: to wit, the cities and towns of Hampshire 
county, sixty per cent; of Frankhn county, twelve per cent; 
and of Berkshire county, twenty-eight per cent. 

Section 2. For the purpose of meeting the initial ex- 
penditure as aforesaid, the county treasurer of the county 
of Hampshire, with the approval of the county commis- 
sioners, may borrow on the credit of the county such sums 
as may be necessary, not exceeding, in the aggregate, thirty 
thousand dollars, and may issue notes of the county there- 



Acts, 1941. — Chaps. 304, 305. 245 

for, which shall bear on their face the words, Hampshire 
County Sanatorium Central Heating Plant Loan, Act of 
1941. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than five 
years from the date of issue. The notes shall be signed by 
the county treasurer and countersigned by a majority of 
the county commissioners. To meet payments of principal 
and interest on account of said notes, each of the counties 
of Franklin and Berkshire shall, upon the certification to 
the county commissioners of said county by the county 
treasurer of Hampshire count}^ of the sum due on account 
of the cities and towns in their county ultimately liable un- 
der section one, pay such sum into the treasury of Hamp- 
shire county; and, for the purposes hereof, the sum so re- 
quired to be paid by each such county shall be treated as 
tuberculosis hospital maintenance, and the pertinent provi- 
sions of section eighty-five of said chapter one hundred and 
eleven shall apply to the raising, apportioning and collection 
thereof. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by the county commis- 
sioners of Hampshire, Franklin and Berkshire counties, but 
not otherwise. Approved May 22, 1941. 



An Act relative to the use of certain park land in 
the town of braintree for the erection of an addi- 
tion to a school building. 

Be it enacted, etc., as follows: 

The town of Braintree is hereby authorized to discon- 
tinue the use for park purposes of the park land hereinafter 
described at Hollis field, and is further authorized to utilize 
said land for the purpose of erecting thereon an addition to 
the existing high school building; said land being bounded 
and described as follows : — Beginning at a point where the 
easterly boundary of the present high school lot intersects 
the northerly sideline of Wynot road; thence running by 
said easterly boundary to the northerly boundary of said 
high school lot; thence running by a straight line, said line 
being an extension of said northerly boundary, forty feet; 
thence by a straight line to a point in the northerly sideline 
of Wynot road, said point being forty feet easterly in said 
sidehne from the point of beginning; thence turning and 
running by said sideline of W3mot road to the point of be- 
ginning. Approved May 22, 1941. 



Chap.SOA 



An Act authorizing the county of essex to pay a sum Chav.SOd 

OF MONEY TO C. FRANK HATHAWAY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The county of Essex, after an appropriation 
has been made therefor, may pay to C. Frank Hathaway 



246 



Acts, 1941. — Chap. 306. 



of Lynn the sum of six hundred and fifty dollars in payment 
for services rendered and expenses incurred by him in rep- 
resenting before the supreme judicial court the board of 
special commissioners to divide Essex county into repre- 
sentative districts. 

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

Approved May 22, 1941. 



Chap.SOQ An Act providing for the formation of medical service 

CORPORATIONS. 



Emergency 
preamble. 



Whereas, This act provides for the preservation of the 
public health by furnishing medical services at low cost to 
members of the public who become subscribers of the char- 
itable corporations formed thereunder, and for said pur- 
pose it is necessary that such corporations be formed and 
that participating physicians agree with such corporations 
to perform the services aforesaid, and such formation and 
participation will be greatly expedited if this act becomes 
effective without delay, therefore this act is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public health and convenience. 

Be it enacted, etc., as follows: 

General Laws, The General Laws are hereby amended by inserting after 
i7^b! inserted, chapter ouc huudrcd and seventy-six A, as amended, the 
following new chapter : — 

Chapter 176B. 
Medical Service Corporations. 

Section 1. In this chapter the following words shall have 
the following meanings: 

"Commissioner", the commissioner of insurance. 

"Covered dependent", a dependent for whose medical 
care provision is made in a subscription certificate issued by 
a medical service corporation to a subscriber. 

"Dependent", the spouse, child or foster child of a sub- 
scriber, or an adult relative dependent upon the subscriber 
for his support. 

"Medical service", the medical services ordinarily pro- 
vided by registered physicians in accordance with accepted 
practices in the community where the services are rendered. 

"Medical service corporation", a corporation organized 
as provided by the provisions of this chapter for the purpose 
of establishing and operating a non-profit medical service 
plan. 

"Non-profit medical service plan", a plan operated by a 
medical service corporation under the provisions of this 
chapter, whereby the cost of medical service furnished to 
subscribers and covered dependents is paid by the corpora- 



Definitions. 



Acts, 1941. — Chap. 306. 247 

tion to participating physicians and to such other physicians 
as are provided for herein. 

"Participating physician", a registered physician who 
agrees in writing with a medical service corporation to per- 
form medical service for subscribers and covered dependents 
and to abide by the by-laws, rules and regulations of such 
corporation. 

"Registered physician", a physician registered to practice 
medicine in the commonwealth as provided in section two of 
chapter one hundred and twelve. 

"Subscriber", a person who has subscribed to a non-profit 
medical service plan and to whom a subscription certificate 
has been issued in accordance with the provisions of section 
six. « 

Section 2. For the purpose of establishing, maintaining Medical service 
and operating a non-profit medical service plan, seven or organization! 
more persons may form a medical service corporation. Such 
a corporation shall be formed in the manner prescribed in 
and subject to section nine of chapter one hundred and fifty- 
five and sections six and eight to twelve, inclusive, of chapter 
one hundred and fifty-six, except as follows: 

The agreement of association of a corporation having no 
capital stock may omit the statement of the amount of the 
capital stock and the par value and number of its shares. 
The fee to be paid to the state secretary upon the filing of 
the articles of organization shall be ten dollars. 

The articles of organization specified in section ten of 
said chapter one hundred and fifty-six, with the records and 
by-laws of the corporation, shall be submitted to the com- 
missioner instead of to the commissioner of corporations and 
taxation, and he shall have the powers and perform the duties 
relative thereto specified in section eleven of said chapter 
one hundred and fifty-six. 

The certificate issued by the state secretary under section 
twelve of said chapter one hundred and fifty-six shall be 
modified to conform to the requirements of this section. 

The commissioner shall not approve the articles of organ- Approval of 
ization of such a corporation until he is satisfied by such commissioner. 
examination as he may make and such evidence as he may 
require, that the incorporators are of good repute and 
intend in good faith to operate the corporation. He shall 
execute a certificate of his findings, which shall be attached 
to the articles of organization prior to the filing thereof with 
the state secretary. 

Section S. The by-laws of a medical service corporation By-iaws. 
may contain any lawful provisions approved by the com- 
missioner and shall provide that a majority of the directors 
shall at aU times be persons approved in writing b}^ a medical 
society incorporated in the commonwealth not less than ten 
years and having not less than two thousand registered 
physicians as members, and that not less than one third 
of the directors shall be persons who are or who agree to 
become subscribers to the non-profit medical service plan. 



248 



Acts, 1941. — Chap. 306. 



Contracts 
to render 
medical 



Who may 

become 

subscribers. 



Agreements 
with registered 
physicians. 

Rules and 
regulations. 



The by-laws of such a corporation may define the qualifica- 
tions of those persons eligible to become subscribers as 
provided in section five. Any such corporation may adopt 
such rules and regulations as may be consistent with the 
provisions of this chapter. 

Section 4- Any medical service corporation may enter 
into contracts with its subscribers and with participating 
physicians for the rendering of medical service to the sub- 
scribers. A contract with a subscriber may provide for the 
medical care of any dependents of the subscriber named 
therein. The form of subscription certificate and of agree- 
ment with participating physicians, the rates charged by 
such corporation to the subscribers and the rates at which 
participating physicians are compensated for their services 
to the subscribers or to covered dependents, shall at all times 
be subject to the written approval of the commissioner. 
Acquisition costs in connection with the solicitation of sub- 
scribers and costs of administration shall at all times be 
limited to such amounts as the commissioner shall approve. 

Section 5. Any person residing in the commonwealth 
shall have the right to become a subscriber of a medical 
service corporation if his qualifications meet those specified 
in the by-laws of such corporation, provided that such a cor- 
poration may, in its discretion, refuse to issue a subscrip- 
tion certificate to, or upon due notice cancel the subscription 
certificate of, any person who has made any fraudulent 
claim or representation to the corporation or to a partici- 
pating physician, or has been guilty of uncooperative or 
unethical deaHngs with the corporation, or has failed to 
pay dues and assessments seasonably and promptly or for 
any other cause which may be approved by the commissioner. 

Section 6. A subscription certificate shall be issued to 
each subscriber of a medical service corporation. No sub- 
scription certificate shall be issued unless the commissioner 
shall have approved in writing the form of certificate nor 
unless it contains in substance the following provisions: — 

(a) A statement of the medical service to be paid for by 
the corporation, and if any medical service is excepted, a 
statement of such exception. 

(6) A statement of the duration of the agreement and 
of the terms and conditions upon which it may be extended, 
renewed, revised, canceled or otherwise terminated. 

(c) A statement of the period of grace which will be 
allowed for making any payment due from the subscriber 
under the contract, which in any event shall not be less than 
ten days. 

Section 7. Every registered physician shall have the 
right, on complying with such rules and regulations as the 
corporation may make, to enter into a written agreement 
with a medical service corporation, doing business in the 
city or town where the said physician resides or has his usual 
place of business, to perform medical service. This chapter 
shall not change the normal relations between physician 



Acts, 1941. — Chap. 306. 249 

and patient. No restriction shall be placed by any such 
corporation upon its participating physicians as to methods 
of diagnosis or of treatment. No officer, agent or employee 
of a medical service corporation shall influence or attempt 
to influence a subscriber or a covered dependent in his choice 
of a participating physician. A subscriber or a covered de- 
pendent, subject to the by-laws, rules and regulations of a 
medical service corporation and the terms and provisions 
of his subscription certificate, shall be entitled to the benefits 
of this chapter upon receiving medical service from any 
participating physician or, in the discretion of the corpora- 
tion, upon receiving medical service from any non-participat- 
ing physician in an emergency or when outside the common- 
wealth. A corporation may terminate its agreement with 
any participating phj-sician at any time (a) for failure to 
comply with the reasonable rules and regulations of such 
corporation, including without limitation such rules and 
regulations as may be adopted governing the keeping of 
accounts, records, and statistics, the making of reports and 
proof of services rendered, or (b) for presenting any fraudu- 
lent, um-easonable, or improper claim for payment, or com- 
pensation. 

Section 8. Every medical service corporation shall annu- Annual 
ally, on or before the first day of March, file in the office of to^be'a^. 
the commissioner a statement, verified by at least two of 
the principal officers of said corporation, showing its condi- 
tion as of the thirty-first day of December next preceding. 
Such statement shall be in such form and shall contain such 
matters as the commissioner shall prescribe. A corporation 
neglecting to file its annual statement within the time herein 
specified shall forfeit one hundred dollars for each day dur- 
ing which such neglect continues, and upon notice by the 
commissioner to that effect, its authority to do business shall 
cease while such default continues. 

Section 9. The commissioner, or o^xvy deputy examiner or Examination 
any other person designated by the commissioner, shall, at Cy*deparfment 
least once in three years, and whenever the commissioner of insurance. 
deems it prudent, visit any medical service corporation and 
examine into its affairs. The commissioner shall have free 
access to all of the books, records and papers of the corpo- 
ration, and may summon and examine under oath its officers, 
agents, employees and other persons in relation to its affairs 
and condition. The commissioner shall require every such 
corporation to keep its books, records, accounts and vouchers 
in such manner that he or his authorized representatives 
may readily verify its annual statements and determine 
whether the corporation has complied with the law. 

Section 10. The funds of a medical service corporation investment 
shall be invested only in such securities as are permitted corporation 
by chapter one hundred and seventy-five for the invest- regulated, 
ment of the capital of insurance companies, or it may de- 
posit the whole or any portion of its funds in any savings 
bank or savings department of a trust company organized 



250 



Acts, 1941. — Chap. 306. 



Payment of 
salaries, etc., 
regulated. 



Arbitration 
of claims. 



Corporation 
may be en- 
joined from 
doing busine.ss 
when insol- 
vent, etc. 



under the laws of the commonwealth or a national banking 
association. It shall have the right to acquire and own real 
estate to be occupied by itself in the transaction of its busi- 
ness. The commissioner may require any such corporation 
after the first full calendar year of doing business to accu- 
mulate and maintain a special contingent surplus, over and 
above its reserves and liabilities, in such amount as the 
commissioner may deem proper. 

Section 11. Unless each such payment is first authorized 
by a vote of its board of directors, no medical service cor- 
poration shall pay any salary, compensation or emolument 
to any officer, trustee or director thereof, or any salary, 
compensation or emolument to any person amounting in 
any year to more than five thousand dollars. No such cor- 
poration shall make any agreement with any of its officers, 
trustees or employees whereby it agrees that for any serv- 
ices rendered or to be rendered to it, they shall receive any 
salary, compensation or emolument for a period of more 
than three years from the date of such agreement. 

Section 12. Any dispute or controversy arising between 
a medical service corporation and any participating physi- 
cian, or any subscriber, or any person whose subscription 
certificate has been canceled or to whom such corporation 
has refused to issue such certificate may within thirty days 
after such dispute or controversy arises be submitted by any 
person aggrieved to a board serving in the division of in- 
surance and consisting of the commissioner or a person des- 
ignated by him, the chairman of the board of registration 
in medicine or any person designated by him, and the at- 
torney general or a person designated by him, for its deci- 
sion with respect thereto. All decisions and orders of the 
board or of the commissioner made under any provision of 
this chapter may be revised as justice and equity may re- 
quire upon a petition in equity filed, within ten days after 
the promulgation of such decision or order in the superior 
court within and for the county of Suffolk by any party 
aggrieved by such decision or order. 

Section IS. If the commissioner is satisfied, as to any 
medical service corporation, that (1) it has failed to comply 
with the provisions of its charter, or (2) it is being operated 
for profit, or (3) it is fraudulently conducted, or (4) its con- 
dition is such as to render its further transaction of business 
hazardous to the public or to its subscribers, or (5) its 
officers and agents have refused to submit to an examina- 
tion under section nine, or (6) it has exceeded its powers, or 
(7) it has violated any provision of law, or (8) it has com- 
promised, or is attempting to compromise, with its creditors 
on the ground that it is financially unable to pay its claims 
in full, or (9) it is insolvent, he may apply to the supreme 
judicial court for an injunction restraining it from further 
proceeding with its business. The court may forthwith 
issue a temporary injunction restraining the transaction of 
any business, and it may, after a full hearing, make the in- 



Acts, 1941. — Chap. 306. 251 

junction permanent, and appoint one or more receivers to 
take possession of the books, papers, moneys and other as- 
sets of the corporation, settle its affairs, and distribute its 
funds to those entitled thereto, subject to such rules and 
orders as the court may prescribe. 

Section 14- Every medical service corporation is hereby Liability of 
declared to be a charitable corporation. No such corpora- iimfted!**°° 
tion shall be liable for injuries resulting from negligence 
or malpractice on the part of any participating physician 
or of any of its employees, nor shall it be liable for the cost 
of medical services to which the subscriber or covered de- 
pendent may be entitled under the provisions of any work- 
men's compensation law. Every such corporation shall 
be exempt from all provisions of the insurance laws of the 
commonwealth, except as otherwise provided in this chap- 
ter. The property of every such corporation shall, except 
as hereinafter provided, be exempt from all state and local 
taxes. 

Section 15. Every corporation subject to this chapter Annual return 
shall annually, on or before March first, make a return to srone™^'cor- 
the commissioner of corporations and taxation, signed and f °xation^ ^"'^ 
sworn to by a majority of its board of directors, of the total 
amount of subscription dues paid by subscribing members 
during the preceding calendar year, and shall pay to said 
commissioner an excise of one per cent upon the amount of 
such dues. If said corporation neglects to make such re- 
turn, it shall forfeit fifty dollars for each day such neglect 
continues. 

Section 16. It shall be unlawful for any person, firm, cor- Non-profit 
poration or association, except a medical service corporation, l^ans'^to^be^"'^ 
to establish, maintain or operate a non-profit medical service nfedi^cal^service 
plan; provided, however, that this chapter shall not render corporations 
unlawful or affect any operation or activity of any com- °°^" 
pany organized under the provisions of chapter one hundred ^'''^p*^'°°^- 
and seventy-five, of any society or fraternal benefit society 
organized under the provisions of chapter one hundred and 
seventy-six or subject to any of the provisions thereof, of 
any non-profit hospital service or medical service corpora- 
tion organized under the provisions of chapter one hundred 
and seventy-six A or one hundred and seventy-six C, or of 
any corporation organized or to be organized under chapter 
one hundred and eighty, the existence, purposes, activities 
and operations of which were lawful or would be lawful 
notwithstanding the provisions of this chapter. 

Section 17. The provisions of this chapter may be en- Enforcement 
forced by a bill in equity brought in the supreme judicial Cffawy'^'""^ 
court by the commissioner, the attorney general, or any 
district attorney. Approved May 22, 1941. 



252 



Acts, 1941. — Chaps. 307, 308. 



Chap. 307 An Act establishing the compensation of members of 

THE GENERAL COURT AND PROVIDING AN ALLOWANCE TO 
SAID MEMBERS TO MEET EXPENSES INCURRED BY THEM AS 
SUCH MEMBERS DURING THE SECOND YEAR OF THE TERM 
FOR WHICH THEY ARE ELECTED. 



G. L. (Ter. 
Ed.), 3, §9, 
etc., amended. 



Compensation 
of members 
of the general 
court. 



Temporary 
provisions. 



Be it enacted, etc., as folloivs: 

Section 1. Chapter three of the General Laws is hereby 
amended by striking out section nine, as amended by sec- 
tion one of chapter two hundred and thirty-six of the acts of 
nineteen hundred and thirty-seven, and inserting in place 
thereof the following: — Section 9. Each member of the 
general court shall receive, for the regular session, twenty- 
five hundred dollars, and also four dollars and twenty cents 
for every mile of ordinary traveling distance from his place 
of abode to the place of sitting of the general court. The 
president of the senate and the speaker of the house of rep- 
resentatives shall each receive twenty-five hundred dollars 
additional compensation. Each member of the general court 
shall be entitled to be paid his compensation for such regular 
session at the rate of two hundred dollars for each full month 
of the session. Such payments shall be made to him, upon 
his request, on the last legislative day in which the general 
court is in session preceding the fifteenth day of each month 
and on the day preceding the last legislative day of each 
month, and shall be for an amount not exceeding the pro- 
portion then due at the aforesaid rate; provided, that the 
state treasurer, in his discretion, may, during such regular 
session, make additional payments on account, in excess of 
such monthly rate, to anj^ member making written request 
therefor, but the amount of such additional payments shall 
not exceed, in the aggregate, three hundred dollars in any 
one such session, and in no event shall the amount of all 
payments under this section during such session to any 
member exceed, in the aggregate, the compensation of such 
member for such session. 

Each member shall receive, for the- second year of the 
term for which he is elected, five hundred dollars as an allow- 
ance to meet expenses incurred by him as such member while 
the general court is in recess, and said allowance shall be paid 
in full during the month of January of said second year. 

Section 2. The compensation established by this act 
shall be allowed from January first of the current year. 

Approved May 22, 1941. 



Chap. SOS An Act relative to the collection of taxes when a 
collector ceases to hold his office. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter sixty of the General Laws is hereby amended by 

ftcii'amendld. Striking out sectiou thirteen, as most recently amended by 



Acts, 1941. — Chap. 309. 253 

chapter forty-four of the acts of nineteen hundred and 
thirty-nine, and inserting in place thereof the following sec- 
tion: — Section 13. The collector shall, before the commit- Bond of 
ment to him of any taxes of any year, or, if he is a city <'°"®<'*'°'"- 
or town collector under section thirty-eight A of chapter 
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 a bond or bonds for the faithful performance 
of his duties in all capacities in which he is acting as col- 
lector either in the collection of taxes or of such other ac- 
counts, including a bond, which shall be separate, in respect 
to uncollected accounts, if any, turned over to him by the 
assessors under section ninety-seven. Each bond given un- 
der this section shall be in a form approved by the commis- 
sioner and in such sum or sums, not less than the amount 
or amounts estabhshed by the commissioner, as shall be 
fixed by the selectmen or mayor and aldermen. A copy of 
each such bond shall be dehvered to the commissioner. If 
the collector does not give bond or bonds as herein required, 
the selectmen or mayor and aldermen may declare the office 
vacant and the vacancy may be filled in the manner pre- 
scribed by section forty or sixty-one A of chapter forty-one, 
as the case may be. Approved May 23, 1941. 



C/iap.309 



An Act providing for a fourth assistant clerk and an 
additional court officer for the municipal court 
of the roxbury district. 

Be it enacted, etc., as folloivs: 

Section 1. Section ten of chapter two hundred and g. l. (Ter. 
eighteen of the General Laws, as most recently amended by § ib.'etc.,' 
section one of chapter two hundred and twenty-two of the ^^^ended. 
acts of nineteen hundred and thirty-eight, is hereby further 
amended by adding at the end the following new para- 
graph : — 

A fourth assistant clerk with salary paj'-able by the county Fourth 
may be appointed in the municipal court of the Roxbury cferkforRox- 

district. bury district. 

Section 2. Section seventy-nine of said chapter two g. l. (Ter. 
hundred and eighteen, as appearing in the Tercentenary amend^ed.' ^ ^^' 
Edition, is hereby amended by striking out, in the fourth 
line, the words "and third" and inserting in place thereof 
the following : — , third and fourth, — and by adding at the 
end the following new sentence : — The salary of the fourth 
assistant clerk of the municipal court of the Roxbur}'' dis- 
trict shall be forty-five per cent of the salary of the clerk 
of said court, — so as to read as follows : — Section 79. In classified 
courts in which the salaries of justices are fixed by the pre- eferki^lnl 
ceding section, the salaries of clerks shall be equal to seventy- assistant 
five per cent of the salaries established for the justices of ''^^^^^' 
their respective courts; and the salaries of assistant clerks, 



254 



Acts, 1941. — Chap. 310. 



G. L. (Ter. 
Ed.), 218, 
§ 62. etc., 
amended. 



Court officers, 
number of, 
regulated. 



other than second, third and fourth assistant clerks, shall 
be equal to seventy-five per cent, and the salaries of second 
assistant clerks shall be equal to sixty per cent, and the 
salaries of third assistant clerks shall be equal to forty-five 
per cent, of the salaries of the clerks of their respective 
courts. The salary of the fourth assistant clerk of the mu- 
nicipal court of the Roxbury district shall be forty-five per 
cent of the salary of the clerk of said court. 

Section 3. Section sixty-two of said chapter two hun- 
dred and eighteen, as most recently amended by chapter 
three hundred and five of the acts of nineteen hundred 
and thirty-nine, is hereby further amended by striking out, 
in the ninth line, the word "four" and inserting in place 
thereof the word : — five, — so as to read as follows : — 
Section 62. In the municipal court of the city of Boston 
the court officers appointed shall not exceed ten for crimi- 
nal business, one of whom shall be designated by the chief 
justice as chief court officer of said court for criminal busi- 
ness 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 municipal court of the Roxbury district 
five 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 ap- 
pointed; in the municipal court of the South Boston dis- 
trict, of the Charlestown district 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 appointed; and in each of 
the other district courts in the commonwealth one court 
officer may be appointed. Approved May 23, IBJ^l. 



Chap. 310 An Act relating to the merger or transfer of the 

MEMBERSHIP OR FUNDS OF CERTAIN FRATERNAL BENEFIT 

SOCIETIES. 

Be it enacted, etc., as follows: 

Section twelve of chapter one hundred and seventy-six of 
the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out the first paragraph 
and inserting in place thereof the following paragraph : — 
No domestic society shall merge with or accept the transfer 
of the membership or funds of any other society, unless 
ninety days' notice of the proposed merger or transfer shall 
have been given the commissioner, who, within such period, 
shall make such recommendations to each of said societies 
as he deems necessary, which recommendations shall be pre- 
sented to and considered by the members of the supreme 
legislative or governing body of each of said societies. Such 
merger or transfer shall be evidenced by a written contract, 
setting out in full the terms and conditions of the merger 



G. L. (Ter. 
Ed.), 176, § 12, 
amended. 



Merger or 
transfer. 



Acts, 1941. — Chaps. 311, 312. 255 

or transfer, and shall be filed with the commissioner, to- 
gether with a sworn statement by the president and secre- 
tary, or corresponding officers, of each of said societies of 
its financial condition, and a sworn certificate of the said 
officers of each of the contracting societies that the merger 
or transfer has been approved by a vote of two thirds of 
the members of the supreme legislative or governing body 
of each of said societies. Ay-proved May S3, 19Jfl. 

An Act further regulating the sale of motor fuel Qfidj) 3x1 

AND lubricating OILS. 

Be it enacted, etc., as follows: 

Chapter ninety-four of the General Laws is hereby o. l. (Ter. 
amended by striking out section two hundred and ninety- f 2950! etc., 
five G, as inserted by section one of chapter four hundred amended. 
and fifty-nine of the acts of nineteen hundred and thirty- 
nine, and inserting in place thereof the following section: — 
Section 295G. No person shall sell or offer to sell as gaso- saie of motor 
fine any motor fuel or other substance which has an end [ubnca^ing 
point higher than four hundred and thirty-seven degrees oils regulated. 
Fahrenheit, when tested according to such standard meth- 
ods as may, from time to time, be prescribed by order, rule 
or regulation under section two hundred and ninety-five I. 

No person shall adulterate or permit the adulteration of 
any motor fuel or lubricating oil offered for sale or sold un- 
der a brand name or trade-mark or distinguishing mark of 
the manufacturer or distributor of said products, or substi- 
tute or permit the substitution of any other motor fuel or 
lubricating oil therefor. No person shall sell or dispense, 
or offer to sell or dispense, from any pump, tank or other 
dispensing device or container any motor fuel or lubricating 
oil other than that indicated by the name, trade name, 
trade-mark, symbol, sign or other distinguishing mark of 
the manufacturer or distributor of said product, if any, ap- 
pearing on said pump, tank or other dispensing device or 
container. Approved May 23, 1941. 

An Act requiring that notices of suspension of li- (Jhnnj 31 o 

CENSES TO OPERATE MOTOR VEHICLES BECAUSE OF THE ^' 
IMPROPER OPERATION THEREOF SHALL SPECIFY THE TIME 
AND PLACE OF SUCH IMPROPER OPERATION. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter ninety of the General Laws, g. l. (Ter. 
as most recently amended by chapter one hundred and f2'2.'et^c., 
ninety-one of the acts of nineteen hundred and thirty-three, amended." 
is hereby further amended by inserting at the end of the 
first sentence of the provisions added by said chapter one 
hundred and ninety-one the words : — , and such notice, in 
case of the suspension of a license to operate a motor ve- 
hicle because of the improper operation thereof, shall specify 



256 



Acts, 1941. — Chaps. 313, 314. 



Notices of 
suspension 
of licenses 
to operate 
motor vehicles. 



the time and place of such improper operation, — so that 
said sentence will read as follows : — Upon the suspension 
or revocation of any license or registration the registrar 
shall forthwith send written notice thereof to the licensee 
or registrant as the case may be, and such notice, in case 
of the suspension of a license to operate a motor vehicle 
because of the improper operation thereof, shall specify the 
time and place of such improper operation. 

Approved May 23, 1941. 



Chap. SIS An Act changing the name of the boston ecclesiasti- 
cal SEMINARY TO ST. JOHN's SEMINARY AND AUTHORIZING 
THE GRANTING OF CERTAIN ADDITIONAL DEGREES BY SAID 
SEMINARY. 

Be it enacted, etc., as follows: 

Section 1. The name of The Boston Ecclesiastical Semi- 
nary, a corporation created by chapter one hundred and 
fifteen of the acts of eighteen hundred and eighty-three, is 
hereby changed to St. John's Seminary. 

Section 2. Said St. John's Seminary shall possess all of 
the powers and privileges heretofore granted by said chap- 
ter one hundred and fifteen, together with the power to 
grant such degrees, in addition to those already authorized 
by said chapter, as are appropriate to the several courses 
of study now or hereafter pursued in said seminary and 
such honorary degrees as shall be appropriate to the pur- 
poses of its charter, and acts in amendment thereof and in 
addition thereto. Approved May 2S, 19^1 . 



Chav.S14: -An Act further regulating the length of certain 

motor vehicles and trailers. 

Be it enacted, etc., as follows: 

Chapter ninety of the General Laws is hereby amended 
by striking out section nineteen, as most recently amended 
by section one of chapter three hundred and eighty-eight 
of the acts of nineteen hun-dred and thirty-six, and inserting 
in place thereof the following section: — Section 19. No 
motor vehicle or trailer, the outside width of which is more 
than ninety-six inches or the extreme over-all length of 
which is more than thirty-three feet or, in the case of a 
motor bus, thirty-five feet, shall be operated on any way 
without a special permit so to operate from the board or 
officer having charge of such way or, in case of a state high- 
way or a way determined by the department of public 
works to be a through route, from said department; pro- 
vided, that such width may be exceeded by the lateral pro- 
jection of pneumatic tires beyond the rims of the wheels for 
such distance on either side of the vehicle or trailer as will 
not increase its outside width above one hundred and two 
inches; and provided, further, that the extreme over-all 



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



Dimensions 
of motor 
trucks and 
trailers. 



Acts, 1941. — Chap. 315. 257 

length of a semi-trailer unit, wherever used, may exceed 
thirty-three feet but not forty feet, and that such length of 
any other motor vehicle, or any trailer, when used for the 
transportation of poles or single units of lumber or metal, 
may exceed thirty-three feet but not sixty feet, except as 
authorized by a special permit granted as aforesaid. The 
aforesaid dimensions of width and length shall be inclusive 
of the load. No trailer having a carrying capacity of more 
than one thousand pounds, other than a semi-trailer, or a 
heavy duty platform trailer used for purposes other than 
the transportation of goods, wares and merchandise, or a 
trailer used solely for the transportation of horses by the 
owner of such horses under a special permit hereby author- 
ized to be granted to such owner by the department of pub- 
lic works, shall be operated or drawn on the ways of the 
commonwealth; provided, that a trailer having a carrying 
capacity of more than one thousand pounds may be oper- 
ated or drawn upon any way for a distance not exceeding 
one half mile, if said trailer is used exclusively for agricul- 
tural purposes, or for a distance not exceeding three hundred 
yards, if such trailer is used for industrial purposes other 
than agricultural purposes, for the purpose of going from 
property owned or occupied by the owner of such trailer to 
other property so owned or occupied. No motor vehicle 
shall be operated on any way to draw more than one trailer 
or other vehicle. Approved May 23, 1941. 



An Act authorizing the city of somerville to pay Chap. 315 

CERTAIN BILLS OF THE YEAR NINETEEN HUNDRED AND 
THIRTY-FIVE. 

Be it enacted, etc., as follows: 

Section 1. The city of Somerville is hereby authorized 
to appropriate money for the payment of, and to pay, sub- 
ject to the provisions of this act, such of the unpaid bills 
against the city as are included as deferred accounts of the 
year nineteen hundred and thirty-five in the amended re- 
port of the auditor of said city, a copy of which is on file in 
the office of the director of accounts in the department of 
corporations and taxation. For the purpose aforesaid, said 
city may borrow, from time to time, within a period of two 
years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, two hundred 
thousand dollars, and may issue bonds or notes of the city 
therefor, which shall bear on their face the words, Somer- 
ville Funding Loan, Act of 1941. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than five years from their dates, but no issue shall 
be authorized under this act unless a sum equal to twenty- 
five cents on each one thousand dollars of the assessed valu- 
ation of said city for the preceding year has been voted for 
the same purpose to be raised by the tax levy of the year 



258 Acts, 1941. — Chaps. 316, 317. 

when authorized. Indebtedness under this act shall be 
inside the statutory limit, and shall, except as provided 
herein, be subject to chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first 
paragraph of section seven thereof. 

Section 2. No bill shall be approved by the city auditor 
for payment or paid by the city treasurer under authority of 
this act unless and until certificates have been signed and 
filed with said auditor, stating under the penalties of per- 
jury that the goods, materials or services for which bills 
have been submitted were ordered by an official or an em- 
ployee of said city, and that such goods and materials were 
delivered and actually received by said city or that such 
services were rendered to said city, or both. 

Section 3. Any person who knowingly files a certificate 
required by section two which is false and who thereby re- 
ceives payment for goods, materials or services which were 
not received by or rendered to said city shall be punished 
by imprisonment for not more than one year or by a fine of 
not more than three hundred dollars, or both. 

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

Approved May 26, 1941. 



Chav.SlQ An Act providing for the funding of a revenue deficit 

BY THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The city of Marlborough, for the purpose 
specified in section two of this act, may borrow in the cur- 
rent year a sum not exceeding twenty thousand dollars and 
issue bonds or notes of the city therefor, which shall bear on 
their face the words, Marlborough Deficiency Loan, Act of 
194L Said bonds or notes shall be paid in not more than 
five years from their dates. Indebtedness incurred under 
this act shall be inside the statutory limit of indebtedness 
and be subject to the provisions of chapter forty-four of the 
General Laws, including the limitation contained in the first 
paragraph of section seven thereof. 

Section 2. The amount borrowed under authority of 
section one shall be used for meeting a revenue deficit 
caused by an over-estimate of receipts in determining the 
tax rate in the year nineteen hundred and forty. 

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

Approved May 26, 194-1. 



C hap. S17 An Act to authorize local housing authorities to 
engage in defense housing during the present 
emergency. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ^^ defeat its purposc, which is to authorize local housing 

authorities to co-operate with the federal government in 



Acts, 1941. — Chap. 317. 259 

providing, operating and maintaining housing for persons 
engaged in national defense activities, therefore it is declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public safety and convenience. 

Be it enacted, etc., as folloivs: 

Section 1. Until the president of the United States shall 
have declared that the emergency declared by him on Sep- 
tember eighth, nineteen hundred and thirty-nine, to exist, 
has ceased to exist, housing authorities now existing or here- 
after created pursuant to section twenty-six L of chapter 
one hundred and twenty-one of the General Laws, or cor- 
responding provisions of earlier laws, may, notwithstand- 
ing any limitations or conditions in sections twenty-six I to 
twenty-six HH, inclusive, of said chapter one hundred and 
twenty-one, co-operate with the federal government, which 
term in this act shall include any agency or instrumentality 
thereof, in providing, operating and maintaining housing 
for persons engaged in national defense activities, which 
term in this act shall include (1) enlisted men in the naval 
or military services of the United States; (2) employees of 
the United States in the navy or war departments assigned 
to duty at naval or military reservations, posts or bases; 
and (3) workers engaged or to be engaged in industries con- 
nected with and essential to the national defense. Such 
co-operation may consist of consultation and advice, of 
assistance by acting as intermediary between the federal 
government and a municipal government, of operating and 
managing housing constructed or owned or leased by the 
federal government, either through agency, contract, lease 
or purchase, of constructing housing in whole or in part 
through grants from the federal government or as an agency 
of the federal government and either operating and manag- 
ing such housing or turning it over to the federal govern- 
ment for operation and management, of selhng a housing 
project wholly or partly completed to the federal govern- 
ment, or of acting in any other manner in accordance with 
the laws of the United States relating to housing for persons 
engaged in national defense activities. Nothing in this 
section shall be construed to financially obligate the com- 
monwealth. 

Section 2. The provisions of said sections twenty-six I 
to twenty-six HH, inclusive, so far as they relate to the 
regulation, control and approval of the state board of hous- 
ing with respect to the acts of housing authorities shall 
apply to all action taken by such authorities under section 
one of this act. 

Section 3. The housing authority in a city or town, 
with the approval of the state board of housing, may enter 
into an agreement with such city or town, for the payment 
of annual sums in lieu of taxes with respect to real property 
acquired and held by such housing authority under any pro- 
vision of this act, including the buildings thereon. The 



260 Acts, 1941. — Chap. 318. 

amount so paid for any year upon any such property shall 
not exceed the taxes that would be paid under the laws of 
this commonwealth upon such property if it were not ex- 
empt from taxation. 

Section 4. When the president of the United States 
shall have declared that the emergency declared by him on 
September eighth, nineteen hundred and thirty-nine, to ex- 
ist, has ceased to exist, any housing acquired and held by 
housing authorities under section one shall, if the state board 
of housing shall determine that there is need therefor, there- 
after be held and used as housing for persons in the service 
or the employ of the war department or the navy depart- 
ment of the United States; or, if said state board shall de- 
termine that there is need therefor, shall thereafter be held 
and used as low-rent housing for families of low income, and 
the provisions of said sections twenty-six I to twenty-six 
HH, inclusive, shall, so far as apt, be applicable to such 
housing. If said state board shall determine that such hous- 
ing is not needed for either of the foregoing purposes, it 
shall be disposed of on as advantageous terms as possible. 

Section 5. Any vote, action, contract or other act taken 
or entered into by the state board of housing or a housing 
authority subsequent to the declaration of the president of 
the United States on September eighth, nineteen hundred 
and thirty-nine, that an emergency exists, which would have 
been valid if this act had been in force when taken or en- 
tered into is hereby ratified and confirmed, to the same ex- 
tent as if this act had then been in force. 

Approved May 26, 19^1. 

Chav. 31S "^N Act permitting military convoy vehicles to be 

DRIVEN THROUGH INTERSECTIONS OF WAYS CONTRARY TO 
TRAFFIC SIGNS OR SIGNALS THEREAT IN CERTAIN CASES. 

Emergency Whereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to prepare with the utmost 
expedition for national defense in the present emergency, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public safety 
and convenience. 

Be it enacted, etc., as follows: 

G L. (Ter. Chapter thirty-three of the General Laws is hereby 

J 47,' etc., amended by striking out section forty-seven, as appearing 
amended. jj^ sectiou One of chapter four hundred and twenty-five of 

the acts of nineteen hundred and thirty-nine, and inserting 
Right 9f way in place thereof the following section : — Section 1^7 . United 
vehid^*."^ States troops, and any part of the organized militia parading 
or performing any duty according to law, shall have the 
right of way in any street or highway through which they 
may pass, and drivers of vehicles in a military convoy, con- 
sisting of five or more vehicles, may drive such vehicles 
through an intersection of ways contrary to any traffic signs 



Acts, 1941. — Chap. 319. 261 

or signals regulating traffic at such intersection if a police 
officer or duly authorized member of the mihtary service is 
then stationed at such intersection to regulate traffic; pro- 
vided, that the carriage of the United States mails, the 
legitimate functions of the police, and the progress and 
operation of fire departments shall not be interfered with 
thereby. Approved May 26, 19U. 

An Act relating to proceedings in the land court for (7/iar>.319 

THE FORECLOSURE OF TAX TITLES. 

Be it enacted, etc., as follows: 

Section 1. Section fifty of chapter sixty of the General ^j^^®""- 
Laws, as most recently amended by section two of chapter §50.' etc.. 
ninety-three of the acts of nineteen hundred and thirty- ^™ended. 
six, is hereby further amended by inserting after the word 
"assignment" in the nineteenth line the following new sen- 
tence : — The tax title account hereby required to be kept, 
or a duly authenticated copy thereof, shall be prima facie 
evidence of all facts essential to the determination of the 
amount necessary for redemption., — so as to read as fol- 
lows : — Section 50. If the town becomes the purchaser, the Tax deeds to 
deed to it, in addition to the statements required by section "''^ "'" *'*''"■ 
forty-five, shall set forth the fact that no sufficient bid was Foreclosures, 
made at the sale or that the purchaser failed to pay the 
amount bid, as the case may be, and shall confer upon such 
town the rights and duties of an individual purchaser. Every 
such deed and every instrument of taking described in sec- 
tion fifty-four shall be in the custody of the town treasurer, 
and there shall be set up on the books of the town, whether 
kept by the treasurer or otherwise, a separate account of 
each parcel of land covered by any such deed or instrument, 
to which shall be charged the amount stated in the deed or 
instrumeilt, the cost of recording the same, and, upon cer- 
tification in accordance with section sixty-one, all uncol- 
lected taxes assessed to such parcel for any year subsequent 
to that for the taxes for which such parcel was purchased 
or taken, with all legal costs and charges thereon, including 
interest accrued up to the date of such certification, until 
redemption, foreclosure or assignment. The tax title ac- 
count hereby required to be kept, or a duly authenticated 
copy thereof, shall be prima facie evidence of all facts essen- 
tial to the determination of the amount necessary for re- 
demption. The town treasurer shall institute proceedings 
for foreclosure as soon as such proceedings are authorized 
by sections sixty-two and sixty-five. The commissioner may 
at his discretion institute proceedings in the name of the 
treasurer in the event that such proceedings are not insti- 
tuted by the treasurer. Any expense incurred by the com- 
missioner hereunder shall be assessed against the city or 
town and collected in the same manner as expenses for 
auditing municipal accounts under the provisions of section 
forty-one of chapter forty-four. 



262 



Acts, 1941. — Chap. 320. 



G. L. (Ter. 
Ed.). 60. i 71. 
amended. 



Jury trial, 
claim. 



Effect of act 
in certain 
cases. 



Effective 
date. 



. Section 2. Section seventy-one of said chapter sixty, 
as appearing in the Tercentenary Edition, is hereby amended 
by striking out, in the first and second hnes, the words 
"within ten days after fihng his answer" and inserting in 
place thereof the following : — on or before the return day, 
or within such further time as may on motion be allowed 
by the court, — so as to read as follows: — Section 71. Any 
party may claim a jury trial on or before the return day, or 
within such further time as may on motion be allowed by 
the court, but unless so claimed the right to jury trial shall 
be deemed to be waived. Upon such a claim issues shall be 
framed therefor in accordance with the practice in the land 
court. 

Section 3. This act shall apply in any case where the 
tax deed or instrument of taking referred to in section fifty 
of chapter sixty of the General Laws, as amended by sec- 
tion one hereof, was executed prior or subsequent to the time 
when this act takes effect. 

Section 4. This act shall take effect on September first, 
nineteen hundred and forty-one. 

Approved May 26, 1941. 



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



Modification 
of by-laws, etc. 



Chap. S20 An Act authorizing the adoption and amendment of 

ZONING ORDINANCES AND BY-LAW^S UPON THE FAILURE 
OF PLANNING BOARDS, ZONING BOARDS OR SELECTMEN TO 
FILE CERTAIN REPORTS IN RELATION THERETO. 

Be it enacted, etc., as follows: 

Chapter forty of the General Laws is hereby amended by 
striking out section twenty-seven, as appearing in section 
one of chapter two hundred and sixty-nine of the acts of 
nineteen hundred and thirty-three, and inserting in place 
thereof the following section : — Section 27. Such ordi- 
nances or by-laws may be adopted and from time to time 
be changed by amendment, addition or repeal, but only in 
the manner hereinafter provided. No ordinance or by-law 
originally establishing the boundaries of the districts or the 
regulations and restrictions to be enforced therein, and no 
ordinance or by-law changing the same as aforesaid, shall 
be adopted until after the planning board, if any, or, in a 
town having no such board, the board of selectmen, has 
held a public hearing thereon after due notice given and has 
submitted a final report with recommendations to the city 
council or town meeting, or until twenty days shall have 
elapsed after such hearing without the submission of such 
report; provided, that, in case of a proposed ordinance or 
by-law originally establishing the boundaries of the districts 
or the regulations and restrictions to be enforced therein, it 
shall be sufficient if a public hearing is held and a final re- 
port with recommendations is submitted by a zoning board 
appointed for the purpose by the city council or selectmen 
or twenty days elapse after such hearing without such re- 



Acts, 1941. — Chap. 321. 263 

port being submitted. No such ordinance as proposed to 
be originally established or changed as aforesaid shall be 
adopted until after the city council or a committee desig- 
nated or appointed for the purpose by it has held a public 
hearing thereon, at which all interested persons shall be 
given an opportunity to be heard. At least twenty days' 
notice of the time and place of such hearing before the city 
council or committee thereof shall be published in an official 
pubUcation, or a newspaper of general circulation, in the 
municipality. After such notice, hearings and report, or 
lapse of time without report, a city council or town meeting 
may adopt, reject, or amend and adopt any such proposed 
ordinance or by-law. No change of Siuy such ordinance or 
by-law shall be adopted except by a two thirds vote of all 
the members of the city council where there is a commis- 
sion form of government or a single branch, or of each 
branch where there are two branches, or by a two thirds 
vote of a town meeting; provided, that in case there is filed 
with the city clerk prior to the close of the first hearing be- 
fore the city council or committee thereof a written protest 
against such change, stating the reasons, duly signed by the 
owners of twenty per cent or more of the area of the land 
proposed to be included in such change, or of the area of 
the land immediately adjacent, extending three hundred 
feet therefrom, or of the area of other land within two hun- 
dred feet of the land proposed to be included in such change, 
no such change of any such ordinance shall be adopted ex- 
cept by a unanimous vote of all the members of the city 
council, whatever its form, if it consists of less than nine 
members or, if it consists of nine or more members, by a 
three fourths vote of all the members thereof where there is 
a commission form of government or a single branch, or of 
each branch where there are two branches. 

When such by-laws or any changes therein are submitted 
to the attorney general for approval as required by section 
thirty-two, there shall also be furnished to him a statement 
explaining clearly the by-laws or changes proposed, together 
with maps or plans, when necessary. 

Approved May 26, 1941. 



An Act relative to the water supply of the amherst Chap. S21 

WATER COMPANY, AND ITS PURCHASE AND OPERATION BY 
THE TOWN OF AMHERST. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and ninety-eight of 
the acts of nineteen hundred and three is hereby amended 
by striking out section six, as amended by section one of 
chapter seven hundred and six of the acts of nineteen hun- 
dred and fourteen, and inserting in place thereof the follow- 
ing section: — Section 6. Said town, for the purpose of 
paying the necessary expenses and liabilities incurred or to 



264 Acts, 1941. — Chap. 321. 

be incurred under this act, and chapter one hundred and 
seventy-nine of the acts of eighteen hundred and eighty and 
all acts in amendment thereof and in addition thereto, other 
than expenses of maintenance and operation, may issue 
from time to time bonds or notes to an amount not exceed- 
ing, in the aggregate, the amount that may be borrowed 
under authority of section eight of chapter forty-four of 
the General Laws, as amended, for water supply purposes; 
or, if the compensation to be paid shall be determined by 
the department of public utilities as provided in section five 
of chapter one hundred and ninety-eight of the acts of nine- 
teen hundred and three, as amended and as affected by 
section five of chapter one hundred and sixty-five of the 
General Laws, then said town may issue from time to time 
bonds or notes to an amount not exceeding, in the aggre- 
gate, the sum determined upon by said department. Such 
bonds or notes shall bear on their face, the words, Town of 
Amherst Water Loan, Act of 1941. Each authorized issue 
shall constitute a separate loan and such loans shall be pay- 
able in not more than thirty years from their dates. In- 
debtedness incurred under this act shall, except as provided 
herein, be subject to chapter forty-four of the General Laws. 

Section 2. Said chapter one hundred and ninety-eight 
is hereby further amended by striking out section seven and 
inserting in place thereof the following section : — Section 7. 
Said town shall, at the time of authorizing said loan or 
loans, provide for the payment thereof in accordance with 
section six; and, when a vote to that effect has been passed, 
a sum which, with the income derived from the water rates, 
will be sufficient to pay the annual expense of operating its 
water works, and the interest as it accrues on the bonds or 
notes issued as aforesaid, and to make such payments on 
the principal as may be required under this act, shall with- 
out further vote be assessed by the assessors of said town 
annually thereafter in the same manner as other taxes, until 
the debt incurred by the said loan or loans is extinguished. 

Section 3. Section nine of said chapter one hundred 
and ninety-eight is hereby repealed, but such repeal shall 
not affect any act done, ratified or confirmed, any liability 
incurred or any right accruing or established before this 
repeal takes effect. 

Section 4. Said chapter one hundred and ninety-eight 
is hereby further amended by striking out section eight 
and inserting in place thereof the following section : — Sec- 
tion 8. The selectmen of said town shall serve as water 
commissioners until the qualification of water commission- 
ers elected at the annual town meeting of said town in nine- 
teen hundred and forty-two or at such later date, if any, 
as the town may elect water commissioners, as hereinafter 
provided. Whenever the phrase "said board of water com- 
missioners" or "said board" or "said commissioners" oc- 
curs in this act it shall mean and include the board of water 
commissioners or the selectmen acting as such, as the case 



Acts, 1941. — Chap. 321. 265 

may be. Said town may, at the annual town meeting in 
nineteen hundred and forty-two, or at such later date, if 
any, as it may vote, at a town meeting called for the pur- 
pose, elect by ballot three persons to hold office, one until 
the expiration of three years, one until the expiration of 
two years, and one until the expiration of one year, from 
the next succeeding annual town meeting, to constitute a 
board of water commissioners; and at the annual town 
meeting held on the day on which the shortest of such 
terms expires, and at each annual town meeting thereafter, 
one such commissioner shall be elected by ballot for the 
term of three years. All the authority granted to the town 
by this act, except sections six, seven and eight A, and not 
otherwise specially provided for, shall be vested in said 
board of water commissioners, who shall be subject, how- 
ever, to such instructions, rules and regulations as said town 
may impose by its vote. A majority of said commissioners 
shall constitute a quorum for the transaction of business. 
After the election of a board of water commissioners under 
authority of this section, any vacancy occurring in said 
board from any cause may be filled for the remainder of 
the unexpired term by said town at any town meeting 
called for the purpose. Any such vacancy may be filled 
temporarily in the manner provided by section eleven of 
chapter forty-one of the General Laws, and the person so 
appointed shall perform the duties of the office until the 
next annual town meeting of said town or until another 
person is quahfied. 

Section 5. Said chapter one hundred and ninety-eight 
is hereby further amended by inserting after section eight 
the following new section : — Section 8 A . Said commission- 
ers shall fix just and equitable prices and rates for the use 
of water, subject to the approval of said town, and shall 
prescribe the time and manner of payment. The income of 
the water works shall be appropriated to defray all operat- 
ing expenses, interest charges and payments on the princi- 
pal as they accrue upon any bonds or notes issued under 
authority of this act. If there should be a net surplus re- 
maining after providing for the aforesaid charges, it may 
be appropriated for such new construction as the water 
commissioners, with the approval of the town, may deter- 
mine upon, and in case a surplus should remain after pay- 
ment for such new construction the water rates shall be 
reduced proportionately. All authority vested in said com- 
missioners by the foregoing provisions of this section shall 
be subject to section eight. Said commissioners shall annu- 
ally, and as often as the town may require, render a report 
upon the condition of the works under their charge, and an 
account of their doings, including an account of the receipts 
and expenditures. 

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

Approved May 26, 1941. 



266 Acts, 1941. — Chap. 322. 



Chap. S22 An Act relating to insurance on the lives of juvenile 

MEMBERS OF FRATERNAL BENEFIT SOCIETIES. 



Be it enacted, etc., as folloivs: 

Ed\ iw^'i 24 Section twenty-four of chapter one hundred and seventy- 
ameAded.' ' SIX of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by inserting after the word 
"hundred" in the seventh hne the following: — ; provided, 
that a society which has so put in force at least five hundred 
certificates on each of which at least one assessment has 
been paid may, during the year after first putting in force 
said number of certificates, continue to issue certificates 
notwithstanding withdrawals reducing the number of cer- 
tificates in force to less than five hundred, if the number of 
such certificates does not remain below five hundred for a 
period exceeding ninety days, — so as to read as follows : 
Medical — Scction 24- No death benefit certificate as to any child 

orchiidren° shall take effect until after medical examination or inspec- 
tion by a licensed medical practitioner, in accordance with 
the by-laws of the society, nor shall any such benefit cer- 
tificate be issued unless the society shall simultaneously put 
in force at least five hundred such certificates, on each of 
which at least one assessment has been paid, nor where the 
number of lives represented by such certificates falls below 
five hundred; provided, that a society which has so put in 
force at least five hundred certificates on each of which at 
least one assessment has been paid may, during the year 
after first putting in force said number of certificates, con- 
tinue to issue certificates notwithstanding withdrawals re- 
ducing the number of certificates in force to less than five 
hundred, if the number of such certificates does not remain 
below five hundred for a period exceeding ninety days. 
The death benefit contributions to be made upon such certifi- 
cate shall be based upon the Standard Industrial Mortality 
Table or the English Life Table Number Six, with a rate of 
interest not greater than four per cent per annum, or upon 
a higher standard; provided, that contributions may be 
waived or returns may be made from any surplus held in 
excess of reserve and other liabilities, as provided in the by- 
laws; and provided, further, that extra contributions shall 
be made if the reserves provided for in the following section 
become impaired. Such a society may grant to the holder of 
such a certificate such extended or paid-up protection or 
such withdrawal equities as its constitution and by-laws 
may provide, but in no case to exceed in value the reserve 
held against the individual certificate. 

Approved Maij 26, 1941. 



Acts, 1941. — Chaps. 323, 324, 325. 267 



An Act relative to certain proceedings in the probate Qhav 323 

COURT WITH respect TO ANY PERSON SUSPECTED OF 
having fraudulently received, CONCEALED, EMBEZZLED 
OR CONVEYED AWAY PROPERTY OF A DECEASED PERSON. 

Be it enacted, etc., as follows: 

Section 1. Section forty-four of chapter two hundred g- l. (Ter. 
and fifteen of the General Laws, as appearing in the Tercen- amendicf." * **' 
tenary Edition, is hereby amended by striking out the last 
sentence and inserting in place thereof the following sentence : 
— The examination shall be had and recorded in such man- Examination 
ner as the court shall direct, and the final record shall be *° ^^ '^corded. 
signed by the party examined. 

Section 2. This act shall take effect on October first in Effective 
the current year. Approved May 26, 1941. *^**®" 

An Act relating to the admissibility as evidence of Cfuxj) 394 

REPORTS of examinations OF INSURANCE COMPANIES 
MADE BY THE COMMISSIONER OF INSURANCE. 

Be it enacted, etc., as follows: 

Section four of chapter one hundred and seventy-five of g. l. (Ter. 
the General Laws is hereby amended by striking out the f'i'!'etl^' 
fourth paragraph, as amended by section four of chapter ai^^nded. 
four hundred and seventy-two of the acts of nineteen hun- 
dred and thirty-nine, and inserting in its place the following 
paragraph : — 

A report of an examination of any company made under Reports of 
this section may, as far as material and relevant, be admitted, ad^^bii°" 
in the discretion of the court, in any judicial proceeding as evidence. 
brought by or in behalf of the commissioner, as prima facie 
evidence of the facts stated in such report; but nothing in 
this paragraph shall be construed to require the commis- 
sioner to make an examination under this section before 
bringing such a proceeding. Approved May 26, 1941- 



An Act providing for the removal of a permanent Chap. 325 
guardian of an insane person. 

Be it enacted, etc., as follows: 

Chapter two hundred and one of the General Laws is g. l. (Xer. 
hereby amended by inserting after section thirteen, as ^w^ section 
amended, the following new section: — Section ISA. Two i3a, added. 
or more relatives or friends of an insane person, or the mayor fgn,'^^°j[i^of°'" 
and aldermen of a city or the selectmen of a town in which guardians of 
he is an inhabitant or resident, or the department of mental '°*'"'® persons. 
health, may file a petition for the removal of a guardian of 
such insane person. Approved May 26, I94I. 



268 



Acts, 1941. — Chaps. 326, 327. 



G. L. (Ter. 
Ed.), 175. 5 9, 
amended. 



IntereBt rate 
in determin- 
ing valuation 
of insurance 
policies. 



Chap.32Q An Act relative to the interest rate to be used in 

THE VALUATION OF LIFE INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter one hundred and 
seventy-five of the General Laws is hereby amended by 
striking out clause Second, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following clause : — 

Second, The net value on the last day of December of the 
preceding year of all outstanding policies of life insurance 
issued after the last day of December, nineteen hundred, 
shall be computed upon the basis of the "American Experi- 
ence Table" of mortahty, with interest at three and one 
haK per cent per annum; but any hfe company may at any 
time elect to reserve upon a three per cent or two and one 
half per cent basis, and thereupon its poUcies issued upon 
such reserve shall be computed upon the basis of the "Ameri- 
can Experience Table" of mortahty, with interest at three 
per cent or two and one half per cent per annum, as the case 
may be, and any life company receiving premiums by weekly 
payments may elect for such weekly payment business or 
any portion thereof to reserve upon any table showing a 
higher rate of mortality approved by the commissioner. 

Section 2. Said section nine of said chapter one hundred 
and seventy-five is hereby further amended by striking out 
clause Fourth, as so appearing, and inserting in place thereof 
the following clause: — 

Fourth, When, from reports filed with him or from other 
evidence the commissioner is satisfied that a company is 
assuming risks that cannot be properly measured by the 
mortahty tables specified in this section, he may compute 
such extra reserve as in his judgment is warranted by the 
extra hazard assumed, and he may further in his discretion 
prescribe such table or tables of mortahty, other than those 
specified by this section, as he may deem necessary properly 
to measure such additional risks, with interest at not less 
than two and one half per cent per annum, for the compu- 
tation of the net value upon any special class or classes of 
risks. Approved May 26, 1941- 



G. L. (Ter. 
Ed.), 175, } 9, 
further 
amended. 



Extra reserves 
may be 
established. 



Chap. ^21 An Act relative to mental and physical examinations 

OF DELINQUENT CHILDREN. 



G. L. (Ter. 
Ed.). 119, 
§ 58A, etc., 
amended. 



Examination 
of children 
before com- 
mitment as 
delinquents. 



Be it enacted, etc., as follows: 

Chapter one hundred and nineteen of the General Laws 
is hereby amended by striking out section fifty-eight A, as 
amended by section six of chapter one hundred and ninety- 
four of the acts of the current year, and inserting in place 
thereof the following : — Section 58 A . Prior to the com- 
mitment, by way of final disposition to any public institution 
or to the department, of a child adjudged to be a delinquent 
child, the court may cause such child to receive thorough 



Acts, 1941. — Chaps. 328, 329, 330. 269 

physical and mental examinations, under rules and regula- 
tions prescribed by the commissioner of mental health. The 
court shall cause copies of the reports showing the results 
of such examinations and of the investigation made by the 
probation officer to be forwarded to the superintendent of the 
institution to which such child is committed or to the depart- 
ment, as the case may be, with the warrant of commitment. 

Approved May 26, 19 41. 

An Act ensueing that certain laws relative to reg- QJidj) 328 

ISTRATION OF PERSONS RESIDING AT INNS AND LODGING ^' 

HOUSES ARE OF GENERAL APPLICATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-one of the General Laws is g. l. (Ter. 
hereby amended by inserting after section forty-one, as section ^X'^ 
appearing in the Tercentenary Edition, the following new ^^^^^• 
section: — Section J^l A. The duties imposed by sections Election com- 
ten A, ten B and thirty-seven, respectively, upon the regis- iTave s^mliaV 
trars shall be performed in Boston and in other cities not ^e" kTrars 
having registrars by the election commissioners or other 
persons or boards having the powers and duties of regis- 
trars, or similar powers and duties. The statements re- 
quired by said section ten A and the reports required by 
said section ten B, respectively, shall in Boston and in such 
other cities be filed with said commissioners or other persons 
or boards. 

Section 2. Section thirty-seven of said chapter fifty- g^^-^^Ts? 
one, as most recently amended by section two of chapter etcVamended". 
three hundred and sixty-nine of the acts of nineteen hun- Section to 
dred and thirty-nine, is hereby further amended by striking ci^fe^and*" 
out the last sentence. Approved May 27, 1941. towns. 

An Act increasing the allotment to the state li- C/iap. 329 

BRARY OF THE MANUAL FOR THE GENERAL COURT. 

Be it enacted, etc., as follows: 

Section eleven of chapter five of the General Laws, as g. l. (Ter. 
appearing in the Tercentenary Edition, is hereby amended amended! ' 
by striking out the paragraph contained in the thirteenth 
line and inserting in place thereof the following paragraph : — 

To the state library, for use therein and for the purpose Manuals 
of exchange, one hundred and ten; sut"!ibrary. 

Approved May 27, 1941. 

An Act further extending the time during which Chap.SSO 

THERE SHALL BE COLLECTED AN ADDITIONAL TAX ON SALES 
OF GASOLINE AND CERTAIN OTHER MOTOR VEHICLE FUEL. 

Be it enacted, etc., as follows: 

Chapter two hundred and forty-eight of the acts of nine- 
teen hundred and thirty-two, as most recently amended by 



270 Acts, 1941. — Chap. 331. 

chapter four hundred and eight of the acts of nineteen hun- 
- dred and thirty-nine, is hereby further amended by striking 
out, in the fifth Une, the word "April" and inserting in place 
thereof the word: — June, — so as to read as follows: — 
The time during which the additional excise tax of one cent 
is imposed on each gallon of fuel, as defined in section one 
of chapter sixty-four A of the General Laws, sold in the 
commonwealth, is hereby extended to and including the 
thirtieth day of June, nineteen hundred and forty-three, 
and the provisions of section four of chapter one hundred 
and twenty-two of the acts of nineteen hundred and thirty- 
one shall apply to the tax so imposed during such extended 
period. Approved May 27, 1941' 



Chap. SSI An Act relative to the taxation of incomes and of 

CERTAIN BUSINESS AND MANUFACTURING CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and seven of the 
acts of nineteen hundred and thirty-three is hereby amended 
by striking out section nine, as most recently amended by 
section one of chapter three hundred and seventy-three of 
the acts of nineteen hundred and thirty-nine, and inserting 
in place thereof the following section : — Section 9. Income 
received by any inhabitant of the commonwealth during the 
years nineteen hundred and thirty-three, nineteen hundred 
and thirty-four and nineteen hundred and thirty-five from 
dividends on shares in all corporations, joint stock com- 
panies and banking associations, organized under the laws 
of this commonwealth or under the laws of any state or 
nation, except co-operative banks, building and loan asso- 
ciations and credit unions chartered by the commonwealth, 
and except savings and loan associations under the super- 
vision of the commissioner of banks, and income received 
by any inhabitant of the commonwealth during the years 
"nineteen hundred and thirty-six, nineteen hundred and 
thirty-seven, nineteen hundred and thirty-eight, nineteen 
hundred and thirty-nine, nineteen hundred and forty, nine- 
teen hundred and forty-one, nineteen hundred and forty- 
two and nineteen hundred and forty-three from such divi- 
dends, other than stock dividends pai^ in new stock of the 
company issuing the same, shall be taxed at the rate of six 
per cent per annum. Inhabitant of the commonwealth shall 
include (a) estates and fiduciaries specified in sections nine, 
ten, thirteen and fourteen of chapter sixty-two of the Gen- 
eral Laws, (b) partnerships specified in section seventeen 
of said chapter sixty-two, and (c) partnerships, associations 
or trusts, the beneficial interest in which is represented by 
transferable shares, specified in paragraphs entitled First, 
Second and Third of subsection (c) of section one of said 
chapter sixty-two. Except as otherwise provided in this 
section, the provisions of said chapter sixty-two shall apply 



Acts, 1941. — Chap. 331. 271 

to the taxation of income received by any such inhabitant 
during said years. Subsection (b) of section one of said 
chapter sixty-two shall not apply to income received during 
said years. 

Section 2, Said chapter three hundred and seven is 
hereby further amended by striking out section nine A, as 
most recently amended by section two of said chapter 
three hundred and seventy-three, and inserting in place 
thereof the following section: — Section 9 A. The credit 
for dividends paid to inhabitants of this commonwealth by 
foreign corporations provided by section forty-three of 
chapter sixty-three of the General Laws in determining the 
tax leviable on such corporations under paragraph (2) of 
section thirty-nine of said chapter sixty-three shall not be 
allowed to foreign corporations or to foreign manufacturing 
corporations in respect to dividends so paid in the years 
nineteen hundred and thirty-three, nineteen hundred and 
thirty-four, nineteen hundred and thirty-five, nineteen hun- 
dred and thirty-six, nineteen hundred and thirty-seven, 
nineteen hundred and thirty-eight, nineteen hundred and 
thirty-nine, nineteen hundred and forty, nineteen hundred 
and forty-one, nineteen hundred and forty-two and nineteen 
hundred and forty-three. 

Section 3. Said chapter three hundred and seven is 
hereby further amended by striking out section ten, as most 
recently amended by section three of said chapter three 
hundred and seventy-three, and inserting in place thereof 
the following section: — Section 10. Every corporation or- 
ganized under the laws of this commonwealth, and every 
corporation doing business therein, including every banking 
association organized under the laws of any state or nation, 
and every partnership, association or trust the beneficial 
interest in which is represented by transferable shares, doing 
business in the commonwealth unless the dividends paid on 
its shares are exempt from taxation under said section one 
of said chapter sixty-two shall, in the years nineteen hundred 
and thirty-four, nineteen hundred and thirty-five, nineteen 
hundred and thirty-six, nineteen hundred and thirty-seven, 
nineteen hundred and thirty-eight, nineteen hundred and 
thirty-nine, nineteen hundred and forty, nineteen hundred 
and forty-one, nineteen hundred and forty-two, nineteen 
hundred and forty-three and nineteen hundred and forty- 
four, file with the commissioner of corporations and taxation, 
hereinafter called the commissioner, in such form as he shall 
prescribe, a complete list of the names and addresses of its 
shareholders as of record on December thirty-first next pre- 
ceding, or on any other date satisfactory to the commissioner, 
or, in its discretion, of such shareholders as are residents of 
the commonwealth, together with the number and class of 
shares held by each shareholder, and the rate of dividends 
paid on each class of stock for said preceding year. The 
second paragraph of section thirty-three of said chapter 
sixty-two shall not apply to returns relative to shareholders 



272 Acts, 1941. — Chap. 331. 

receiving dividends in the years nineteen hundred and thirty- 
three, nineteen hundred and thirty-four, nineteen hundred 
and thirty-five, nineteen hundred and thirty-six, nineteen 
hundred and thirty-seven, nineteen hundred and thirty- 
eight, nineteen hundred and thirty-nine, nineteen hundred 
and forty, nineteen hundred and forty-one, nineteen hun- 
dred and forty-two and nineteen hundred and forty- three. 

Section 4. Said chapter three hundred and seven is 
hereby further amended by striking out section eleven, as 
most recently amended by section four of said chapter three 
hundred and seventy-three, and inserting in place thereof 
the following section: — Section 11. The state treasurer 
shall, on or before November twentieth, in the years nine- 
teen hundred and thirty-four, nineteen hundred and thirty- 
five, nineteen hundred and thirty-six, nineteen hundred and 
thirty-seven, nineteen hundred and thirty-eight, nineteen 
hundred and thirty-nine, nineteen hundred and forty, nine- 
teen hundred and forty-one, nineteen hundred and forty-two, 
nineteen hundred and forty-three and nineteen hundred and 
forty-four, distribute to the several cities and towns, in pro- 
portion to the amounts of state tax imposed upon such cities 
and towns in said years, respectively, the proceeds of the 
taxes collected by the commonwealth under section nine of 
this act, after deducting a sum sufficient to reimburse the 
commonwealth for the expenses incurred in the collection 
and distribution of said taxes, and for such of said taxes as 
have been refunded under section twenty-seven of chapter 
fifty-eight of the General Laws, during said years, together 
with any interest or costs paid on account of refunds, which 
shall be retained by the commonwealth; provided, that the 
state treasurer may withhold out of the amount to which 
any city or town would otherwise be entitled as aforesaid 
so much thereof as is necessary to pay the principal or interest 
of any bonds or notes issued by such city or town under 
section two of this act and then held by the commonwealth 
and remaining unpaid, and thereafter interest shall be pay- 
able only on the balance of such bonds or notes remaining 
unpaid. Any amount payable to a city or town hereunder 
shall be included by the assessors thereof as an estimated 
receipt, and be deducted, in accordance with section twenty- 
three of chapter fifty-nine of the General Laws, from the 
amount required to be raised by taxation to meet appropria- 
tions made in such years for public welfare, soldiers' benefits 
and maturing debts, in that order. 

Section 5. Section one of chapter three hundred and 
seventeen of the acts of nineteen hundred and thirty-four 
is hereby amended by striking out the first paragraph, as 
most recently amended by section five of said chapter three 
hundred and seventy-three, and inserting in place thereof 
the following paragraph : — During the years nineteen hun- 
dred and thirty-four, nineteen hundred and thirty-five, nine- 
teen hundred and thirty-six, nineteen hundred and thirty- 
seven, nineteen hundred and thirty-eight, nineteen hundred 



Acts, 1941. — Chap. 332. 273 

and thirty-nine, nineteen hundred and forty, nineteen hun- 
dred and forty-one, nineteen hundred and forty-two, nine- 
teen hundred and forty-three and nineteen hundred and 
forty-four, every corporation subject to section thirty-eight 
B of chapter sixty-three of the General Laws shall, except as 
provided in section fif ty-sLx A of said chapter, as amended by 
section three hereof, pay annually a minimum excise of not 
less than the amount, if any, by which the sum of (1), (2), 
(3) and (4) following exceeds six per cent of the dividends 
paid by such corporation during the year corresponding to 
that in which the income is received : — 

Section 6. Any reference in said chapter three hundred 
and seventeen or in section four of chapter three hundred 
and sixty-two of the acts of nineteen hundred and thirty-six 
to section nine of chapter three hundred and seven of the 
acts of nineteen hundred and thirty-three shall be taken to 
refer to said section, as most recently amended by section 
one of this act. Approved May 27, 19Jfl. 



An Act authorizing the city council of the city of C/iap.332 

NEW BEDFORD TO MAKE CERTAIN APPROPRIATIONS FOR 
CERTAIN UNPAID BILLS AND AUTHORIZING THE CITY OF 
NEW BEDFORD TO PAY SAID BILLS. 

Be it enacted f etc., as follows: 

Section 1. The city of New Bedford is hereby author- 
ized to appropriate money for, and to pay, such of the 
unpaid bills against said city as are included in a list which 
is on file in the office of the director of accounts in the 
department of corporations and taxation. Appropriations 
authorized under this section may be voted only in the 
year nineteen hundred and forty-one for the entire amount 
authorized or for any part thereof, and payments shall be 
made subject to this act and chapter four hundred and 
forty-four of the acts of nineteen hundred and thirty-nine. 

Section 2. No bill shall be approved by the city auditor 
of said city for payment or paid by the treasurer thereof 
under any authority of this act unless and until certificates 
have been signed and filed with said city auditor, stating 
under the penalties of perjury that the goods, materials or 
services for which bills have been submitted were ordered 
by an official or an employee of said city, and that such goods 
and materials were delivered and actually received by said 
city or that such services were rendered to said city, or both. 

Section 3. Any person who knowingly files a certificate 
required by section two which is false and who thereby 
receives payment for goods, materials or services which 
were not received by or rendered to said city shall be pun- 
ished by imprisonment for not more than one year or by a 
fine of not more than three hundred dollars, or both. 

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

Approved May 28, 1941. 



274 



Acts, 1941. — Chaps. 333, 334. 



Chap. SSS An Act further regulating the preparation of en- 
velopes TO CONTAIN absent VOTER BALLOTS AND OTHER 
DOCUMENTS. 

Be it enacted, etc., as follows: 

Section eighty-seven of chapter fifty-four of the General 
Laws, as amended, is hereby further amended by striking 
out subsection (d), as appearing in the Tercentenary Edition, 
and inserting in place thereof the following subsection : — 

(d) Envelopes of size sufficient to contain the preceding, 
addressed to the clerks of the several cities and towns within 
the commonwealth, upon which shall be printed "Enclosed 
is the absent voter ballot of ", and blank spaces 

for the name, address and voting place of the sender with 
the words "name as registered", "address where registered", 
"ward" and "precinct" appropriately printed thereon. 
Such blank spaces shall be filled in by the city or town clerk 
prior to the mailing of such envelopes. 

Approved May 28, 1941. 



G. L. (Ter. 
Ed.), 54, S 87, 
etc., amended. 



Envelopes for 
absent voter 
ballots. 



C/iap. 334 An Act providing for non-profit medical service plans. 

Be it enacted, etc., asfollows^ 

G- L.. new The General Laws are hereby amended by inserting after 

fns^rted. ' chapter one hundred and seventy-six B the following new 
chapter : — 

Chapter 1760. 

Non-Profit Medical Service Plans. 

Definitions. Scctioji 1 . In this chapter the following words and phrases 

shall have the following meanings : 

"Medical service plan", any plan or arrangement whereby 
members of the public pay regular subscription amounts and 
are entitled in return therefor to medical services. 

"Medical service corporation", any non-profit corpora- 
tion which receives subscription payments from subscribing 
members and in return therefor makes available to subscrib- 
ing members the benefits of any agreements which the cor- 
poration has with a medical organization for the rendering 
of care to its members. 

"Medical organization", any medical society or partner- 
ship of physicians whose members are members of the Massa- 
chusetts Medical Societj^ or other recognized association of 
physicians, or whose members are members of the staff of 
any hospital approved by the American College of Surgeons, 
and which agrees to provide medical services to the sub- 
scribing members of a medical service plan. 

"Associated physician", any physician duly Hcensed to 
practice medicine in the commonwealth who complies with 
the qualifications, rules and regulations of a medical organ- 
ization approved by the departmeat of public health and 



Acts, 1941. — Chap. 334. 275 

who agrees in writing with the medical organization to per- 
form any of the medical services specified in the form of 
subscribing members' agreement issued by a medical service 
corporation, and who agrees to accept compensation there- 
for in the manner hereinafter set forth. 

"Recognized association of physicians", an organized med- 
ical society or association, membership in which is contingent 
upon established professional qualifications and which is na- 
tionally recognized in the medical profession, 

"Subscribing member", any member of the public who is 
accepted as a subscribing member, with or without depend- 
ents, by a medical service corporation and who pays regu- 
lar subscription dues to such corporation. 

Section 2. Any medical service plan, and any medical Organizations, 

1 J. / •/ etc covBrncd 

service corporation or medical organization operating in by "this 
connection with a medical service plan, under the laws of '^^^p'^'^''- 
the commonwealth, shall be governed by this chapter and 
shall, except as otherwise provided by this chapter, be 
exempt from all provisions of the insurance laws of the com- 
monwealth. Any medical service corporation operating un- 
der this chapter shall not be deemed to be practising medi- 
cine and shall be exempt from the provisions of chapter one 
hundred and twelve relating to the practice of medicine. 

Section 3. Persons desiring to form a medical service Medical 
corporation shall incorporate as provided in section three pOT^tTons' 
of chapter one hundred and eighty. Every certificate of 
organization of a medical service corporation formed under 
this chapter, before being filed under chapter one hundred 
and eighty, shall have endorsed thereon or attached thereto 
the consent of the department of public health and of the 
commissioner of public welfare. The board of directors of a 
medical service corporation shall number not less than nine, 
of whom at least three and not more than one third shall be 
subscribing members of such a medical service corporation 
and of whom at least three and not more than one third 
shall be physicians who are members of the Massachusetts 
Medical Society or other recognized association of physicians 
and who are not associated physicians of the medical serv- . 
ice plan. 

Section Jf. No medical service corporation shall, through Medical 
its own agents or employees, provide any medical services, pfo'^'dld.'^*''^ 
but any such corporation may enter into an agreement with 
one or more medical organizations whereby said medical 
organization or organizations agree to provide specified medi- 
cal services for the subscribing members of the said medical 
service corporation; provided, that said agreement shall pro- 
vide for the payment of a stipulated percentage or percent- 
ages of the subscriptions or other receipts, or both, of the 
medical service corporation to the medical organization and 
shall not provide for any specific amounts, whether or not 
based upon the number of services rendered to subscribing 
members. Any such agreement shall be subject to the ap- 
proval of the department of public health. 



276 



Acts, 1941. — Chap. 334. 



Physicians 
may enter 
into agree- 
ments with 
medical service 
corporations. 



Who may 
become asso- 
ciated phy- 
sicians of 
medical 
organizations. 



Who may 
become 
subscribing 
members. 



Section 5. Any medical organization shall consist of not 
less than five physicians who are duly registered to practice 
in the commonwealth and who are members of the Massa- 
chusetts Medical Society or other recognized association of 
physicians, or are members of the staff of any hospital ap- 
proved by the American College of Surgeons. Any medical 
organization may enter into an agreement with any duly 
registered physician whereby such associated physician agrees 
to furnish medical services to the subscribing members of a 
medical service corporation with which the medical organi- 
zation has an agreement and whereby such associated phy- 
sician agrees to accept as payment for said services a propor- 
tion of the funds received by the said medical organization 
from the said medical service corporation. Such agreement 
to accept payment for services shall provide for payment 
according to units of funds received by the said medical 
organization and shall not provide for specified amounts, 
whether according to the services rendered by the said phy- 
sician or otherwise. Nothing herein shall change the normal 
relations between patient and physician nor prohibit any 
medical organization from employing a medical director and 
assistants, or nurses, or establishing a clinic for the rendering 
of medical services. Any such agreement between a medical 
organization and its associated physicians shall be subject 
to the approval of the department of public health. 

Section 6. Every registered physician who complies with 
the quahfications, rules and regulations of a medical organi- 
zation doing business in the community where such physician 
resides or practices, approved by the department of public 
health, shall have the right to become an associated physician 
of said medical organization. A medical organization may 
terminate its agreement with any associated physician for 
rendering any fraudulent or improper claim for payment 
or for failure reasonably to observe the approved rules and 
regulations of such medical organization including those 
governing the reports of services and the keeping of accounts 
and records or for failure to comply with the professional 
code of ethics as accepted by organized medicine. 

Section 7. Any person residing in the commonwealth 
who meets the quahfications specified in the by-laws of a 
medical service corporation shall have the right to become 
a subscribing member of the corporation. No officer, agent 
or employee of a medical service corporation shall influ- 
ence or attempt to influence a subscribing member, or his 
dependent, in his choice of an associated physician. Any 
medical service corporation may, at its discretion, deny the 
right of membership to any person who makes any fraudulent 
claim or representation to the medical service corporation 
or associated physician or who has failed after a reasonable 
period of grace, to pay dues or other charges as provided in 
the subscription agreement, or for any other cause which 
may be approved by the department of public health. 



Acts, 1941. — Chap. 334. 277 

Section 8. A subscription agreement in a form approved f^^gg^^'P^'t**" 
by the department of public health shall be issued to each approval by 
subscribing member of a medical service corporation. Such puHkherith.^ 
agreement shall include a full and accurate statement of the 
benefits of membership, the medical services excluded if any, 
and the terms of duration, cancellation and termination. 
The by-laws, rules and regulations of a medical service cor- 
poration may by reference be incorporated in the subscrip- 
tion agreement; provided, that a full and complete copy of 
said by-laws, rules and regulations shall be available to any 
subscriber. 

Section 9. Every medical service corporation shall an- Annual 
nually on or before the first day of March file in the office ^ * ^^^^ ' 
of the commissioner of insurance a statement verified by at 
least two of the principal officers of said corporation showing 
its condition as of the thirty-first day of December next 
preceding. Said statement shall be in such form and shall 
contain such other matters as the commissioner of insurance 
shall prescribe. A corporation neglecting to make and file 
its annual statement in the form and within the time herein 
specified shall forfeit one hundred dollars for each day during 
which such neglect continues after notification by said com- 
missioner of such neglect, and thirty days after said notice 
said commissioner may terminate its authority to do new 
business while such default continues. 

Section 10. The commissioner of insurance or any deputy Examination 
or other person whom the said commissioner shall designate depa/tmenr 
shall, at least once in three years and whenever he deems it 
to be prudent, visit any such medical service corporation 
and examine into its affairs, shall have free access to all of 
the books, papers and documents of the corporation that 
relate to its business and may summon as witnesses and 
examine under oath its officers, agents or employees or other 
persons in relation to its affairs, transactions and condition. 
The commissioner of insurance shall require every such 
corporation to keep its books, records, accounts and vouchers 
in such manner that he or his authorized representatives 
may readily verify its annual statements and ascertain 
whether the corporation has complied with the law. The 
commissioner of insurance is authorized and directed on 
request of the commissioner of public health to advise him 
on any financial, accounting, bookkeeping or other similar 
question arising out of the operation of any medical service 
plan. 

Section 11. The funds of any corporation subject to this Funds. 
chapter shall be kept only in banks in which funds of the 
commonwealth are authorized to be deposited. 

Section 12. Any dispute arising between a medical serv- Settlement 
ice corporation and any medical organization with which °^ ^iisputes. 
such corporation has an agreement as provided by this chap- 
ter may be submitted to the department of public health 
for its decision with respect thereto. All decisions and find- 



278 



Acts, 1941. — Chap. 334. 



Corporation 
may be en- 
joined from 
doing busi- 
ness, when. 



Corporation 
to be deemed 
a charitable 
and benevo- 
lent cor- 
poration. 



Annual return 
to department 
of corporations 
and taxation. 



Payment of 
salaries, etc., 
regulated. 



ings of any state department or officer made under any 
provision of this chapter may be revised by proper pro- 
ceedings in the superior court. 

Section IS. If the department of pubUc health is satisfied 
as to any corporation subject to this chapter that: 

1. It has failed to comply with the provisions of its charter, 
or 

2. It is being operated for profit, or 

3. It is fraudulently conducted, or 

4. Its condition is such as to render its further trans- 
action of business hazardous to the public or to its sub- 
scribers, or 

5. Its officers and agents have refused to submit to an 
examination under section ten, or 

6. It has exceeded its powers, or 

7. It has violated any provision of law, 

it may apply to the supreme judicial court for an injunction 
restraining such corporation from further proceeding with 
its business. The court may forthwith issue a temporary 
injunction restraining the transaction of any business, and 
it may after a full hearing make the injunction permanent 
and appoint one or more receivers to take possession of the 
books, papers, monies and other assets of the corporation, 
settle its affairs, and distribute its funds to those entitled 
thereto, subject to such rules and orders as the court may 
prescribe. 

Section 14- Every corporation subject to this chapter is 
hereby declared to be a charitable and benevolent corpo- 
ration and, except as hereinafter provided, its property shall 
be exempt from state, county, district and municipal taxes. 
No such corporation nor any medical organization shall be 
liable for injuries resulting from negUgence or malpractice 
on the part of any associated physician or any of its em- 
ployees. 

Section 15. Every corporation subject to this chapter 
shall annually on or before March first, make a return to 
the commissioner of corporations and taxation, signed and 
sworn to by a majority of its board of directors, of the total 
amount of subscription dues paid by subscribing members 
during the preceding calendar year, and shall pay to said 
commissioner an excise of one per cent upon the amount of 
such dues. If said corporation neglects to make such return, 
it shall forfeit fifty dollars for each day such neglect continues. 

Section 16. No corporation subject to this chapter shall 
pay any salary, compensation or emolument to any officer, 
trustee or director thereof, nor shall any such corporation 
pay any salary, compensation or emolument, amounting in 
any year to more than five thousand dollars, to any person, 
unless such payment be first authorized by a vote of its 
board of directors. No corporation subject to this chapter 
shall make any agreement with any of its officers, trustees 
or employees whereby it agrees that for any services ren- 
dered or to be rendered he shall receive any salary, com- 



Acts, 1941. — Chaps. 335, 336. 279 

pensation or emolument for a period of more than three 
years from the date of such agreement. 

Section 17. Nothing herein shall be construed to prohibit Application 
the providing of medical services by an educational or other umlted. ^^ 
charitable institution to the persons whom it serves, nor to 
prohibit any business organization from providing medical 
services for its employees, nor to prohibit an insurance com- 
pany, or other corporation or society which is subject to the 
supervision of the commissioner of insurance, from operating 
in accordance with the laws governing insurance companies 
or such corporations or societies. Approved May 28, 1941 . 

An Act authorizing certain employees of counties or Qhav. SS5 

HOSPITAL DISTRICTS TO BECOME MEMBERS OF THE CON- 
TRIBUTORY RETIREMENT SYSTEMS OF THEIR RESPECTIVE 
COUNTIES, AND REGULATING THEIR CREDIT UNDER SUCH 
SYSTEMS FOR PRIOR SERVICE. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter thirty-two of the' General EdV"32^1'2i 
Laws, as amended, is hereby further amended by striking etc!, 'amended'. 
out paragraph (2), 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: — 

(2) An employee of a county or hospital district under Employees 
age seventy on the date of application, whose membership "^der seventy. 
in the system is contingent on his electing to become a mem- 
ber, and who has elected not to become a member, may 
thereafter apply for and be admitted to membership; pro- 
vided, that he shall not be entitled to credit for prior service 
unless he shall pay into the annuity savings fund of the sys- 
tem, in one sum, or by instalments, an amount equal to that 
which he would have paid had he joined the system at the 
earliest opportunity, with interest at three per cent; and 
provided, further, that all payments by instalments here- 
under shall be made before said member attains age sixty. 

Approved May 28, 1941. 

An Act defining more specifically certain powers and QJkuj QQg 

DUTIES OF CERTAIN FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter one hundred and Sj^lJl""-. 3 
seventy-six of the General Laws, as appearing in the Ter- amended." 
centenary Edition, is hereby amended by inserting after the 
word "years" in the eleventh hne, the following: — , and 
that a complete stenographic record of the proceedings 
of each such meeting, so far as it relates to matters within 
the jurisdiction of the commissioner of insurance, shall be 
filed in the home office of the society within thirty days after 
the adjournment of such meeting, — so as to read as fol- 
lows: — Section 3. Any such society shaU be deemed to have Representa- 
a representative form of government when it shall provide in gOTemiS^ent 

defined. 



280 



Acts, 1941. — Chap. 336. 



G. L. (Ter. 
Ed.). 176, § 
amended. 



18, 



Investment 
of funds. 



G. L. (Ter 
Ed.). 176, 
amended. 



Burial 
benefits. 



§22, 



its constitution and by-laws for a supreme legislative or 
governing body, composed of representatives elected either 
by the members or by delegates elected directly or indirectly 
by the members, together with such other members as may 
be prescribed by its constitution and by-laws; provided, that 
the elective members shall have not less than two thirds of 
the votes nor less than the number of votes required to 
amend its constitution and by-laws; and provided, further, 
that the meetings of the supreme or governing body and the 
election of officers, representatives or delegates shall be held 
as often as once in four years, and that a complete steno- 
graphic record of the proceedings of each such meeting, so 
far as it relates to matters within the jurisdiction of the com- 
missioner of insurance, shall be filed in the home office of 
the society within thirty days after the adjournment of such 
meeting. The members, officers, representatives or delegates 
of a fraternal benefit society shall not vote by proxy. 

Section 2. Said chapter one hundred and seventy-six is 
hereby further amended by striking out section eighteen, as 
so appearing, and inserting in place thereof the following 
section: — Section 18. Every society shall invest its funds 
in securities permitted by chapter one hundred and seventy- 
five for the investment of the capital of insurance companies, 
except that it may invest an amount not exceeding ten per 
cent of its funds in the shares of federal savings and loan 
associations located in the commonwealth and, in addition, 
an amount not exceeding ten per cent in shares of co-opera- 
tive banks chartered by the commonwealth, and may de- 
posit any of its funds in any savings bank, or savings 
department of a trust company, chartered under the laws of 
the commonwealth; provided, that any foreign society per- 
mitted or seeking to do business in the commonwealth may 
invest its funds in accordance with the laws of the state 
where it is incorporated; and provided, further, that a part 
thereof, not exceeding twenty per cent of its death fund, 
may be invested in a building for use and occupation by the 
society as its home office ; and that a society having branches 
situated in the Dominion of Canada may invest a part of 
its death fund in the public funds of the Dominion of 
Canada, or of any province of the Dominion of Canada, 
not exceeding in the aggregate an amount equal to the 
sum of its collected premiums for the four months last 
past. 

Section 3. Section twenty- two of said chapter one hun- 
dred and seventy-six, as so appearing, is hereby amended 
by striking out, in the fourth line, the word "one" and in- 
serting in place thereof the word: — three, — so as to read 
as follows : — Section 22. Any society may provide in its 
by-laws that a part of the amount payable as a death benefit 
may be used to pay the funeral expenses of the insured; pro- 
vided, that the amount so paid shall not exceed three hun- 
dred dollars, and shall be deducted from the amount payable 
as a death benefit. 



Acts, 1941. — Chap. 337. 281 

Section 4. Section thirty of said chapter one hundred ej^{76'"5 3o 
and seventy-six, as so appearing, is hereby amended by add- amended.' 
ing at the end the following: — ; provided, that this section 
shall not be applicable to any indebtedness charged against 
the member's certificate under the authority of section six- 
teen, — so as to read as follows: — Section SO. Money or Money, etc., 
other benefit, charity or relief or aid, to be paid, provided or °o attachment. 
rendered by any society, shall not be attached or taken upon 
execution or other process or by operation of law to pay 
any debt or liability of a member or beneficiary, or of any 
other person who may have a right thereunder, either before 
or after payment; provided, that this section shall not be 
applicable to any indebtedness charged against the member's 
certificate under the authority of section sixteen. 

Section 5. Section thirty-six of said chapter one hun- g. l. (Ter. 
dred and seventy-six, as so appearing, is hereby amended by amende'd.' ^ ^^' 
inserting after the word "society" in the eighth line the 
following new sentence : — The latest report of each exam- 
ination made by the commissioner shall be read at the next 
succeeding convention of any society on the lodge system, 
as defined in section two, and thereafter a copy thereof shall 
be filed at the home office of the society, — so that the first 
paragraph will read as follows : — The commissioner, or any Examination 
person designated by him, may examine the affairs of any socfeXs^**" 
domestic society. He may employ assistants for the pur- 
pose of such examination, and he or any person designated 
by him shall have free access to all the books, papers and 
documents relating to the business of the society, and may 
summon and qualify as witnesses on oath and examine its 
officers, agents and employees and other persons in relation 
to the affairs, transactions and condition of the society. 
The latest report of each examination made by the commis- 
sioner shall be read at the next succeeding convention of 
any society on the lodge system, as defined in section two, 
and thereafter a copy thereof shall be filed at the home office 
of the society. Whoever, without justifiable cause, neglects, 
when duly summoned as aforesaid, to appear and testify 
before the commissioner or his authorized representative, or 
whoever obstructs the said commissioner or his representa- 
tive in making an examination under this section, shall be 
punished by a fine of not more than one thousand dollars or 
by imprisonment for not more than one year. 

Approved May 28, 1941. 



An Act relative to the choice of delegates to state Chap.SS7 

CONVENTIONS OF POLITICAL PARTIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-two of the General Laws is g. l. (Xer. 
hereby amended by striking out section nine, as appearing ^tcl! 'amended. 
in section one of chapter three hundred and forty-six of the 
acts of nineteen hundred and thirty-eight, and inserting in 



282 



Acts, 1941. — Chap. 337. 



Numbers of 
delegates to 
state conven- 
tions and 
members of 
ward and 
town com- 
mittees. 



G. L. (Ter. 
Ed.), 53, § 2, 
etc., amended. 



Nominations, 
how made. 



G. L. (Ter. 
Ed.), 53, § 34, 
etc., amended. 



Arrangement 
of names 
on ballot. 



place thereof the following section : — Section 9. The state 
committee shall fix the number of delegates to the state con- 
vention, not less than one for each ward and each town, to 
be chosen by the ward or town committee. City and town 
committees, respectively, shall fix the number of members 
of ward and town committees to be elected at the presidential 
primaries, not less than three nor more than thirty-five for 
each ward and each town. Notice of the number of com- 
mittee members to be elected shall be given by the city or 
town committee, as the case may be, to the state secretary 
on or before February first of the year in which such persons 
are to be elected. In case a city or town committee fails to 
fix the number of the members of a ward or town committee 
and to give such notice, the number of members of such ward 
or town committee to be elected shall not exceed ten. Upon 
the choice of delegates to a state convention the chairman 
of the ward or town committee, as the case may be, shall 
notify in writing the chairman of the state committee of the 
respective party, who shall thereupon issue proper certificates 
to the persons so chosen. 

Section 2. Chapter fifty-three of the General Laws is 
hereby amended by striking out section two, as most recently 
amended by section five of chapter four hundred and seventy- 
three of the acts of nineteen hundred and thirty-eight, and 
inserting in place thereof the following section : — Section 2, 
Except in the case of municipal nominations where a city 
charter or a law applying specially to a particular town other- 
wise provides, candidates of political parties for all elective 
offices, except presidential elector, shall be nominated, and 
delegates and alternate delegates to national conventions 
and members of political committees, except as provided in 
sections one and four of chapter fifty-two, shall be elected, 
in primaries or caucuses, and the nomination of any party 
other than a political party, in any district containing more 
than one ward or town, shall be made by a convention of 
delegates chosen by caucuses held under section one hun- 
dred and seventeen in the wards and towns of the district 
for which the nomination is to be made. All nominations 
and elections in primaries and caucuses shall be by direct 
pluraUty vote. No candidates shall be nominated, and no 
member of a political committee or convention delegate 
elected, in any other manner than is provided in this chapter 
or chapter fifty-two. 

Section 3. Section thirty-four of said chapter fifty-three, 
as most recently amended by section nine of said chapter 
four hundred and seventy-three, is hereby further amended 
by striking out the second and third paragraphs and inserting 
in place thereof the two following paragraphs: — 

Names of candidates for ward or town committees and for 
delegates or alternate delegates to national conventions shall 
be arranged in groups in such order as may be determined 
by lot, under the direction of the state secretary, who shall 
notify each state committee and give a representative of 



Acts, 1941. — Chap. 337. 283 

each such committee an opportunity to be present. When 
necessary, groups may be printed on the ballot in two or 
more columns. 

Against the name of a candidate for an elective office, for 
delegate or alternate delegate to a national convention, for a 
ward or town committee, or for a state committee, shall be 
printed the street and number, if any, of his residence. 

Section 4. Section thirty-five of said chapter fifty-three, g. l. (Xer. 
as most recently amended by section ten of said chapter four etoll'amend^'. 
hundred and seventy-three, is hereby further amended by 
inserting after the word "to" in the fifth line the word: — 
national, — so as to read as follows : — Section 35. A cross a cross to 
(X) marked against a name shall constitute a vote for the vote!e"c.^* 
person so designated. A cross in the circle at the head of a 
group of candidates for a ward or town committee or for 
delegates or alternate delegates to national conventions shall 
count as a vote for each candidate therein. A voter may vote 
for one or more candidates in any such group by marking 
a cross against the name of each such candidate, or he may 
insert another name and mark a cross against it. If he votes 
for more candidates than the number to be elected, his vote 
shall not be counted. 

Section 5. Said chapter fifty-three is hereby further ehV'm^'mi 
amended by striking out section forty-one, as most recently etc!, 'amended', 
amended by section eleven of said chapter four hundred and 
seventy-three, and inserting in place thereof the following 
section : — Section 41 . Primaries shall be held for the nomi- NominationB 
nation of candidates of political parties for all offices to be primar?es. 
filled at a state election, except presidential elector. Sec- 
tions forty-two to fifty-three A, inclusive, shall apply to such 
primaries. 

Section 6. Section forty-four of said chapter fifty-three, g l. (Xer. 
as most recently amended by section twelve of said chapter etc!, 'amended', 
four hundred and seventy-three, is hereby further amended 
by striking out, in the second line, the words "or election", 
— and by striking out, in the eighth and ninth lines, the 
words ", and for delegates to state conventions," — so as 
to read as follows : — Section 44- The nomination of candi- Number of 
dates for nomination at state primaries shall be by nomina- 
tion papers. In the case of offices to be filled by all the 
voters of the commonwealth such papers shall be signed in 
the aggregate by at least one thousand voters, not more 
than two hundred and fifty to be from any one county. Such 
papers for all other offices to be filled at a state election shall 
be signed by a number of voters equal in the aggregate to 
five voters for each ward and each town in the district or 
county, but in no case shall more than two hundred and fifty 
be required. 

Section 7. Section forty-five of said chapter fifty-three, Ed V' 53^1' 45 
as most recently amended by section thirteen of said etc!, 'amended! 
chapter four hundred and seventy-three, is hereby further 
amehded by striking out, in the fifth and sixth lines, the 
words ", except for candidates for delegates to state conven- 



284 



Acts, 1941. — Chap. 337. 



Nomination 
papers, con- 
tentB, etc. 



G. L. (Ter. 
Ed.). 53, § 46, 
etc., amended. 



Certification 
of names on 
nomination 
papers. 



G. L. (Ter. 
Ed.), 53, i 52, 
etc., amended. 



tions", — and by striking out, in the twentieth and twenty- 
first lines, the words ", except in the case of delegates to 
conventions", — so as to read as follows: — Section 45. 
Every nomination paper shall state, in addition to the name 
of the candidate, (1) his residence, with street and number 
thereof, if any, (2) the office for which he is nominated, and 
(3) the political party whose nomination he seeks, and the 
paper may state, in not more than eight words, the pubUc 
oflices which he holds or has held, showing clearly that he is 
a former incumbent thereof if such is the case and, if he is 
an elected incumbent of an office for which he seeks renomi- 
nation, that he is a candidate for such renomination. 

Signatures shall be subject to section seven, and every 
voter may sign as many nomination papers for each office 
as there are persons to be nominated therefor or elected 
thereto, and no more. 

A nomination paper shall be valid only in respect to a 
candidate whose written acceptance is thereon. 

No nomination paper for use in the nomination of can- 
didates to be voted for at state primaries shall contain the 
name of more than one candidate. 

Section 8. Section forty-six of said chapter fifty-three, 
as most recently amended by section two of chapter twenty- 
five of the acts of nineteen hundred and thirty-seven, is 
hereby further amended by striking out at the end the words 
"or delegations to the state convention", — so as to read as 
follows: — Section 4^. Every nomination paper shall be 
submitted, on or before five o'clock in the afternoon of the 
seventh day preceding the day on which it must be filed, 
to the registrars of the city or town in which the signers 
appear to be voters, who shall check each name to be cer- 
tified by them on the nomination paper and shall forthwith 
certify thereon the number of signatures so checked which 
are names of voters both in the city or town and in the dis- 
trict for which the nomination is made, and who are not 
enrolled in any other party than that whose nomination the 
candidate seeks, and only names so checked shall be deemed 
to be names of quaUfied voters for the purposes of nomination. 

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

No person shall be a candidate for nomination for more 
than one office; but this shall not apply to candidates for 
membership in political committees. 

Section 9. Section fifty-two of said chapter fifty- three, 
as most recently amended by section seventeen of said 
chapter four hundred and seventy-three, is hereby further 



Acts, 1941. — Chap. 337. 285 

amended by striking out the last sentence, — so as to read 
as follows : — Section 52. Upon receipt of the records of Canvasa 
votes cast at state primaries the city or town clerk shall oFvote^" 
forthwith canvass the same and within four days after said 
primary make return of the votes for candidates for nomi- 
nation for state offices, to the state secretary, who shall forth- 
with canvass such returns, determine the results thereof, 
notify the successful candidates, and certify to the state 
committees the names of the persons nominated for state 
offices. 

Section 10. Section fifty-three of said chapter fifty-three, g. l. (Ter. 
as most recently amended by section eighteen of said ^,'^-^' ^^' M^- 

111 1 111 •! i<»ii etc., amenaed. 

chapter four hundred and seventy-three, is hereby further 
amended by striking out all of the first paragraph after the 
word "made" in the ninth line, and also by striking out the 
second paragraph, — so as to read as follows: — Section 53. ^^^^^F-^ 
In case of a tie vote where the number of persons receiving tiTvotes. 
equal votes exceeds the number of nominations available, 
there shall be deemed to be a vacancy. If the tie is between 
candidates for an office to be filled by all the voters of the 
commonwealth, the vacancy shall be fiUed by the state com- 
mittee. If the tie is between candidates for nomination for 
any other office, the vacancy shall be filled by the members 
of the ward and town committees in the district for which 
the nomination is to be made. 

All vacancies caused by ties shall be filled only by the 
choice of one of the candidates receiving the tie vote. 

Section 11. Section fifty-four of said chapter fifty-three, g. l. (Ter. 
as most recently amended by section two of chapter three etc!, amended! 
hundred and forty-six of the acts of nineteen hundred and 
thirty-eight, is hereby further amended by striking out, in 
the ninth and tenth lines, the words "elected at the state 
primary" and inserting in place thereof the words: — chosen 
under section nine of chapter fifty-two, — so as to read as 
follows: — Section 5Jf. A political party may, upon the call state con- 
of its state committee, but not earlier than one week nor poutlcaf ° 
later than two weeks after the holding of the primaries, hold pa^'t'^^- 
a state convention for the purpose of adopting a platform, 
electing such number of members at large of the state com- 
mittee as may be fixed by it, nominating presidential elec- 
tors, and for such other purposes consistent with law as the 
state committee or the convention may determine. Such 
convention shall consist of the delegates chosen under sec- 
tion nine of chapter fifty-two, the members of the state com- 
mittee, the United States senators from Massachusetts who 
are members of the party, the nominees of the party for all 
offices to be filled at the state election, and in years in which 
no elections are held for such offices, the incumbents of those 
offices who are members of the party. 

Section 12, Section seventy B of said chapter fifty-three, g. l. (Ter. 
inserted by section twenty-one of said chapter four hundred etc!, amended. ' 
and seventy-three, is hereby further amended by adding at 
the end the following new sentence : — At such primaries 



286 



Acts, 1941. — Chap. 338. 



Delegates, 
etc., to 
national 
conventions. 



members of state, ward and town committees shall also be 
elected, to the number fixed as provided in chapter fifty- 
two, — so as to read as follows: — Section 70B. In any 
year in which candidates for presidential electors are to be 
elected, the election of delegates and of alternate delegates 
to national conventions of political parties shall be by direct 
plurality vote in primaries. The number of district dele- 
gates and the number of district alternate delegates, not less 
than one from each congressional district, and the number 
of delegates and alternate delegates at large, shall be fixed 
by the state committee, who shall give notice thereof to 
the state secretary on or before the third Wednesday in 
February. At such primaries members of state, ward and 
town committees shall also be elected, to the number fixed 
as provided in chapter fifty-two. , 

Approved May 28, 1941. 



Chap.SSS An Act relative to the partial exemption from attach- 
ment OF certain sums payable as pensions. 



G. L. (Ter. 
Ed.), 246, § 28, 
etc., amended. 



Wages, etc., 
exempt from 
attachment, 
when. 



Effective 
date. 



Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and forty-six of the 
General Laws is hereby amended by striking out section 
twenty-eight, as amended by section one of chapter four 
hundred and ten of the acts of nineteen hundred and thirty- 
five, and inserting in place thereof the following section : — 
Section 28. If wages for personal labor or personal services 
of a defendant are attached for a debt or claim, an amount 
not exceeding twenty dollars out of the wages then due to 
the defendant for lalDor performed or services rendered dur- 
ing each week for which such wages were earned but not 
paid shall be reserved in the hands of the trustee and shall 
be exempt from such attachment. If a pension payable to a 
defendant, which is not otherwise exempt by law from attach- 
ment, is attached for a debt or claim, an amount not exceed- 
ing twenty dollars for each week which has elapsed since the 
last preceding payment under such pension was payable to 
said defendant shall be reserved in the hands of the trustee 
from the amount then payable to said defendant but not paid 
and shall be exempt from attachment. The amount reserved 
under this section shall be paid by the trustee to the defend- 
ant in the same manner and at the same time as such amount 
would have been paid if no such attachment had been made. 
Every writ of attachment shall contain a statement of the 
amount exempted from attachment under this section and 
also a direction to the trustee to pay over the exempted 
amount as hereinbefore provided. 

Section 2. This act shall become effective on October 
first of the current year and the provisions of section one 
relative to pensions shall apply only to attachments by 
trustee process made on or after said effective date. 

Approved May 29, 1941. 



Acts, 1941. — Chaps. 339, 340, 341. 287 



An Act extending the time during which there shall C/iap.339 

BE IMPOSED A TEMPORARY ADDITIONAL EXCISE WITH 
RESPECT TO THE SALE OF ALCOHOLIC BEVERAGES AND 
ALCOHOL. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose by depriving the commonwealth of neces- p''^'^'"'^ ^• 
sary revenue, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and thirty-four of the 
acts of nineteen hundred and thirty-nine is hereby amended 
by striking out the introductory paragraph and inserting 
in place thereof the following paragraph : — There is hereby 
imposed an additional excise on the sale of alcoholic beverages 
and of alcohol during the period from September first, nine- 
teen hundred and thirty-nine, to June thirtieth, nineteen 
hundred and forty-three, inclusive, as follows: 

Approved June 2, 191^1. 



An Act authorizing the president & trustees of (7/iap.340 

WILLIAMS college TO HOLD ADDITIONAL REAL AND PER- 
SONAL PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The fourth paragraph of the act establishing 
Williams College, approved June twenty-second, seventeen 
hundred and ninety-three, as most recently amended by 
section one of chapter sixty-five of the acts of nineteen hun- 
dred and six, is hereby further amended by striking out all 
after the word "personal" in the fourteenth and fifteenth 
lines as appearing in the said act of seventeen hundred and 
ninety-three, and inserting in place thereof the following : — , 
in any amount for the purpose of educating youth as pro- 
vided in this act. 

Section 2. Section one shall take full effect upon its 
acceptance, at any time after the expiration of ninety days 
from the passage of this act, by vote of the President & 
Trustees of Wilhams College and the filing by the secretary 
of said corporation with the state secretary of a certificate 
evidencing such acceptance. Approved June 2, 191^1. 



An Act relative to the sale of real estate by admin- QJiav.^^X 

ISTRATORS DE BONIS NON UNDER LICENSE OF THE PRO- ^' 
BATE COURT. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter two hundred G^L.^(T|nj^^ 
and two of the General Laws, as appearing in the Tercente- amended.' 



288 



Acts, 1941. — Chap. 342. 



Sale of real 
property by 
adminifl- 
trator, etc. 



Effective 
date. 



nary Edition, is hereby amended by inserting after the word 
"non" in the seventh hne the words: — , or within the 
remainder of said last mentioned period of one year, which- 
ever is the longer period, — so as to read as follows: — 
Section 19. The probate court may, upon petition of an ad- 
ministrator, administrator with the will annexed, or executor 
filed within one year after the date of the giving of the execu- 
tor's or administrator's bond, or, if an administrator de bonis 
non shall be appointed within one year after the date of the 
original appointment of the executor or administrator, then 
within six months after the date of the giving of a bond by 
such administrator de bonis non, or within the remainder of 
said last mentioned period of one year, whichever is the 
longer period, with the consent of all parties interested or 
after notice, license him to sell the whole or any part of the 
real estate or any undivided interest therein belonging to 
the estate of the deceased, in such manner and upon such 
notice as the court orders; and the net proceeds of such 
sale, after deducting the expenses thereof and such amount 
as may be required for the pajanent of debts, legacies and 
charges of administration, in consequence of a deficiency in 
the personal propert}^, shall be paid over to the person or 
persons who would have been entitled to such real estate 
and in the proportions to which they would have been en- 
titled had it not been sold. Before any such hcense shall be 
issued, the petitioner shall file in the probate court an affi- 
davit containing the names of all persons known to him as 
having or claiming any interest in said real estate derived 
from any deed of conveyance or mortgage by, through or 
under any of the heirs or devisees, and if it appears that 
there are any such persons, they shall be made parties to 
the proceedings, and notified in such manner as the court 
orders. 

Section 2. This act shall take effect on October first in 
the current year. Approved June 2, IQJ^l. 



Chap. 342 An Act defining more specifically the powers of the 

COMMISSIONER OF INSURANCE WITH RESPECT TO CER- 
TIFICATES OF AUTHORITY AND TO APPROVAL OF THE IN- 
CORPORATION OF INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-two of chapter one hundred 
and seventy-five of the General Laws, as most recently 
amended by section two of chapter three hundred and fifty- 
seven of the acts of nineteen hundred and thirty-eight, 
is hereby further amended by inserting after the word 
"accountant" in the twelfth line the words: — , a competent 
claim manager, — and by striking out, in the twenty-eighth 
line, the words "a Hfe" and inserting in place thereof the 
Domestic word : — any, — so as to read as follows: — Section S2. No 

nTto^Mue domestic company shall make or issue any contracts or 



G. L. (Ter. 
Ed.). 175, § 32, 
etc., amended. 



Acts, 1941. — Chap. 342. 289 

policies of insurance or annuity or pure endowment contracts poUciea, etc.. 
until it has obtained from the commissioner a certificate, anc°eof°ce?^" 
in such form as he may prescribe, stating that the company *'o'l^^fgg^i^ner. 
has complied with the conditions set forth in this section 
and all other provisions of law, and authorizing it to make 
or issue such policies or contracts. No such certificate 
shall be issued until the commissioner is satisfied, by such 
examination as he may make and such evidence as he may 
require, that the company has compUed with the laws of 
the commonwealth, adopted a proper system of accounting, 
and employed a competent accountant, a competent claim 
manager and a competent and experienced underwriter, 
nor until the commissioner is satisfied, by such examination 
as he may make and by an affidavit filed with him as re- 
quired under section four and by such other evidence as 
he may require, that the company is without liabiHties, 
except such organization expenses as the commissioner shall 
approve as reasonable, and except, in the case of a stock 
company or a mutual company with a guaranty capital, 
its habilities to stockholders for the amount paid in for 
shares of stock, nor, in the case of a life company, until he 
is satisfied, by such examination as he may make and such 
evidence as he may require, that the company has employed 
a competent and experienced actuary, and that its officers 
and directors are of good repute and competent to manage 
a life company; provided, that if the commissioner is of the 
opinion that the granting of such a certificate to any com- 
pany would, in any case, be prejudicial to the public in- 
terest, he may in his discretion refuse to issue it. 

Section 2. Section forty-nine of said chapter one hun- g. l. (Ter. 
dred and seventy-five, as amended, is hereby further amended ^ttl'ameAdetf.' 
by striking out the paragraph contained in the twenty- 
second to the twenty-eighth lines, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the fol- 
lowing paragraph : — 

The president, secretary and a majority of the directors Formation of 
shall execute and make oath to the articles of organization corporation, 
specified in section ten of said chapter one hundred and 
fifty-six, which shall, with the records and by-laws of the 
company, be submitted to the commissioner instead of to 
the commissioner of corporations and taxation, and he shall 
have the powers and perform the duties relative thereto 
specified in section eleven of said chapter one hundred and 
fifty-six; provided, that the commissioner shall not approve 
the articles of organization of a company formed to trans- 
act business under any of the clauses of section forty-seven 
until he is satisfied, by such examination as he may make 
and such evidence as he may require, that the incorpo- 
rators are of good repute and intend in good faith to operate 
the company. He shall execute a certificate of his findings, 
in such form as he may prescribe, which shall be attached 
to the articles of organization prior to the filing thereof 
with the state secretary. 



290 



Acts, 1941. — Chaps. 343, 344. 



EdVm^Mo Section 3. Said section forty-nine of said chapter one 
etc., amended." hundred and seventy-five, as amended, is hereby further 
amended by striking out the last paragraph, as appearing 
in the Tercentenary Edition. Approved June 2, 1941. 



Chap. 34^3 An Act relative to reinsurance. 

Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 175, § 20, 
amended. 



Reinsurance. 



Section twenty of chapter one hundred and seventy-five 
of the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by inserting after the word "thereof" 
in the forty-eighth line the following new paragraph : — 

No credit shall be allowed to any ceding insurer for re- 
insurance made, ceded, renewed or otherwise becoming effec- 
tive after September thirtieth, nineteen hundred and forty- 
one, as an admitted asset or as a reduction of liability, unless, 
by the terms of a written reinsurance agreement, the rein- 
surance is payable by the assuming insurer on the basis of 
the liabihty of the ceding insurer under any policy or con- 
tract reinsured without diminution because of the insolvency 
of the ceding insurer. Any reinsurance agreement may pro- 
vide that the liquidator or receiver or statutory successor 
of an insolvent ceding insurer shall give written notice of 
the pendency of a claim against the insolvent ceding insurer 
on the policy or contract reinsured within a reasonable time 
after such claim is filed in the insolvency proceeding and 
that during the pendency of such claim the assuming in- 
surer may investigate such claim and interpose, at its own 
expense, in the proceeding where such claim is to be adju- 
dicated any defense or defenses which it may deem available 
to the ceding company or its Uquidator or receiver or statu- 
tory successor. Subject to court approval, the expense thus 
incurred by the assuming insurer shall be chargeable, against 
the insolvent ceding insurer as part of the expense of liqui- 
dation, to the extent of a proportionate share of the benefit 
which may accrue to the ceding insurer solely as a result of 
the defense undertaken by the assuming insurer. 

Approved June 2, 1941' 



Chap. 34:4: An Act making certain changes in the general laws 

MADE NECESSARY BY THE ABOLITION OF THE PRISON CAMP 
AND HOSPITAL AT RUTLAND AND MAKING CERTAIN OTHER 
MINOR PERFECTING CHANGES. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-two of the General Laws is 
hereby amended by striking out section forty-six, as ap- 
pearing in the Tercentenary Edition, and inserting in place 
thereof the following : — Section 46. The commissioner of 
correction may, with the approval of the governor and coun- 
cil, retire from active service and place upon a pension roll 



G. L. (Ter. 
Ed.), 32, § 46, 
amended. 



Pensions 
for prison 
employees. 



Acts, 1941. — Chap. 344. 291 

any officer of the state prison, the state prison colony, the 
Massachusetts reformatory, the state farm, the reformatory 
for women or any jail or house of correction, or any person 
employed to instruct the prisoners in any prison or reforma- 
tory, as provided in section fifty-two of chapter one hundred 
and twenty-seven, or any other employee of the state prison 
or the Massachusetts reformatory, who has attained the age 
of sixty-five and who has been employed in prison service 
in the commonwealth, with a good record, for not less than 
twenty years; or who, without fault of his own, has become 
permanently disabled by injuries sustained in the perform- 
ance of his duty; or who has performed faithful prison serv- 
ice for not less than thirty years; provided, that no officer 
of any jail or house of correction shall so be retired except 
upon the recommendation of the sheriff and county com- 
missioners of the county, except in the county of Suffolk, 
where the recommendation as to the officers of the jail shall 
be made by the sheriff and the mayor of Boston, and, as 
to the officers of the house of correction, by the penal insti- 
tutions commissioner and the mayor of Boston; and pro- 
vided, further, that no such officer, instructor or employee 
shall be retired unless he began employment as such in one 
of the above named institutions or the prison camp and 
hospital, or as an officer or instructor in one of the institu- 
tions named in section forty-seven, on or before June seventh, 
nineteen hundred and eleven. The word "officer", as used 
in this section and sections forty-seven and forty-eight, shall 
extend to and include prison officer, correction officer and 
matron. 

Section 2. Section forty-seven of said chapter thirty- g. l. (Xer. 
two, as so appearing, is hereby amended by striking out, in amendld.^ *^' 
the second line, the words "the preceding section" and in- computation 
serting in place thereof the words : — section forty-six, — o[ g^^^^ce 
and by inserting after the word "institutions" in the fourth 
line the following : — or in the prison camp and hospital. 

Section 3. Section one hundred and two of chapter one g. l. (Ter. 
hundred and twenty-three of the General Laws, as most 1^102/et^c.. 
recently amended by chapter two hundred and twenty-six amended. ' 
of the acts of nineteen hundred and thirty-eight, is hereby Care of 
further amended by striking out, in the fourth and fifth lines '"''"'®' ''*''■ 
as appearing in chapter fifteen of the acts of nineteen 
hundred and thirty-four, the words ", the prison camp and 
hospital", — and by striking out, in the fifteenth line, the 
words "and the following section" and inserting in place 
thereof the words : — section and section one hundred and 
three. 

Section 4, Section one of chapter one hundred a-^^d G^L.^(Ter. 
twenty-four of the General Laws, as amended by section etc!, "amended, 
thirty-eight of chapter four hundred and fifty-one of the Duties of 
acts of nineteen hundred and thirty-nine, is hereby further commissioner. 
amended by striking out, in the third line, the words "the 
prison camp and hospital," and by striking out, in the tenth 
line, the words "prison camp and hospital,". 



292 



Acts, 1941. — Chap. 344. 



G. L. (Ter. 
Ed.) 124, § 5, 
amended. 

Reports. 



G. L. (Ter. 
Ed.), 125, § 2, 
amended. 

Appointment 
of warden, etc. 

G. L. (Ter. 
Ed.), 125, 5 3. 
amended. 

Bonds. 



G. L. (Ter. 
Ed.), 125, § 4, 
etc., amended. 

Subordinate 
officers. 



G. L. (Ter. 
Ed.), 125, 
§§ 39, 40 and 
41, repealed. 



G. L. (Ter. 
Ed.), 127. 5 2, 
amended. 

Warden, etc., 
duties of. 



G. L. (Ter. 
Ed.). 127, §11, 
amended. 



Transfer of 

correction 

officer. 



G. L. (Ter. 
Ed.), 127. § 12, 
amended. 

Removal 
of officers. 

G. L. (Ter. 
Ed.), 127, § 16, 
etc., amended. 

Physical, etc., 
examinations. 



Section 5. Section five of said chapter one hundred and 
twenty-four, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in the third Hne, the words 
"prison camp and hospital," and by striking out, in the 
fourth hne, the word "the". 

Section 6. Section two of chapter one hundred and 
twenty-five of the General Laws, as so appearing, is hereby 
amended by striking out, in the second line, the words "the 
prison camp and hospital,". 

Section 7. Section three of said chapter one hundred 
and twenty-five, as so appearing, is hereby amended by 
striking out, in the second line, the words "prison camp 
and hospital,", — and by striking out, in the ninth line, 
the words "in the office of" and inserting in place thereof the 
word: — with. 

Section 8. Section four of said chapter one hundred 
and twenty-five, as amended by section three of chapter 
two hundred and eighty-two of the acts of nineteen hundred 
and thirty-two, is hereby further amended by striking out, 
in the seventh line, the words "prison camp and hospital,". 

Section 9. Sections thirty-nine, forty and forty-one of 
said chapter one hundred and twenty-five, as appearing in 
the Tercentenary Edition, are hereby repealed and the head- 
ing preceding said section thirty-nine is hereby stricken out. 

Section 10. Section two of chapter one hundred and 
twenty-seven of the General Laws, as so appearing, is hereby 
amended by striking out, in the third line, the words "prison 
camp and hospital" and inserting in place thereof the words: 
— state prison colony. 

Section 1L Said chapter one hundred and twenty-seven 
is hereby further amended by striking out section eleven, 
as so appearing, and inserting in place thereof the follow- 
ing: — Section 11. An officer in a jail or house of correc- 
tion ma}^ be transferred to the state prison or the Massa- 
chusetts reformatory as a correction officer; and if the place 
in which he is employed is not in the classified civil service 
list, he shall be given a non-competitive examination as to 
his fitness, upon receipt from the warden of the state prison 
or the superintendent of the Massachusetts reformatory, as 
the case may be, of a statement that the appointment of such 
officer is desired, and that he possesses particular qualifica- 
tions for the work required of him. 

Section 12. Section twelve of said chapter one hundred 
and twenty-seven, as so appearing, is hereby amended by 
striking out, in the third and fourth fines, the words: — 
", prison camp and hospital". 

Section 13. Section sixteen of said chapter one hundred 
and twenty-seven, as most recentl}^ amended by section one 
of chapter seventy-seven of the acts of nineteen hundred 
and thirty-three, is hereby further amended by striking out, 
in the second and third lines as appearing in the Tercen- 
tenary Edition, the words "the prison camp and hospital" 



Acts, 1941. — Chap. 344. 293 

and inserting in place thereof the words : — the state prison 
colony. 

Section 14. Section thirty-five of said chapter one hun- g l. (Ter 
dred and twenty-seven, as appearing in the Tercentenary amended! 
Edition, is hereby amended by striking out, in the sixth and Food, cioth- 
seventh lines, the words "prison camp and hospital" and '"k- etc. 
inserting in place thereof the words: — state prison colony. 

Section 15. Said chapter one hundred and twenty-seven g. l. (Ter. 
is hereby further amended by striking out section fifty, as amended." * ^°' 
so appearing, and inserting in place thereof the following: — 
Section 50. Prisoners in the state prison, Massachusetts Employment 
reformatory, reformatory for women, state prison colony, fa^nd^^etc. 
state farm, or in any jail or house of correction, may be 
employed, in the custody of an officer, in caring for public 
lands and buildings; but no prisoner, except as provided in 
sections eighty-three and eighty-four, shall be employed out- 
side the precincts of the place of his imprisonment in doing 
work of any kind for private persons. 

Section 16. Section fifty-one of said chapter one hun- g. l. (Ter. 
dred and twenty-seven, as so appearing, is hereby amended ameAded.' ' 
by striking out, in the third line, the words "prison camp industries. 
and hospital,". 

Section 17. Said chapter one hundred and twenty-seven g. l. (Ter. 
is hereby further amended by striking out section seventy- amended." 
one, as so appearing, and inserting in place thereof the fol- 
lowing : — Section 71 . At least once in each month the re- Accounting. 
ceipts from the labor of prisoners in the state prison, the 
Massachusetts reformatory, the reformatory for women, the 
state prison colony and the state farm shall be paid to the 
commonwealth, and the receipts from the labor of prisoners 
in a jail or house of correction to the county, and so much 
thereof as is necessary to pay the expenses of maintaining 
the industries in said institutions shall be expended from 
the state or county treasury for that purpose, but not un- 
til schedules of such expenses have been sworn to by 
the warden or superintendent and approved by the com- 
missioner. Whenever, in the opinion of the comptroller, 
the accumulated funds in the state treasury from the re- 
ceipts from the labor of prisoners in the state prison, the 
Massachusetts reformatory, the reformatory for women, the 
state prison colony and the state farm exceed the sums nec- 
essary to pay the expense of maintaining the industries by 
which they were produced, the comptroller shall direct that 
the surplus be transferred from these accounts into the gen- 
eral fund or ordinary revenue of the commonwealth. Re- 
ceipts from any one of the institutions shall be appHed to 
paying the bills of that institution only. The warden or 
superintendent of the state prison, Massachusetts reforma- 
tory, reformatory for women, state prison colony or state 
farm shall, as often as he has in his possession money to the 
amount of ten thousand dollars which he has received under 
the provisions of sections fifty-three to sixty-seven, inclu- 



294 



Acts, 1941. — Chap. 344. 



G. L. (Ter. 
Ed.), 127, §72, 
•mended. 

Salaries, etc. 



G. L. (Ter. 
Ed.), 127, 
§§ 78, 79-82, 
inc., repealed. 



G. L. (Ter. 
Ed.), 127, § 87, 
amended. 

Corresponden ce 
regulated. 



G. L. (Ter. 

Ed.), 127, 

§ 109, repealed. 



G. L. (Ter. 
Ed.), 127, 
§ 137, etc., 
repealed. 



G. L. (Ter. 
Ed.), 127, 
§ 139, etc., 
amended. 



Permits. 



G. L. (Ter. 
Ed.), 127, 
§ 158, 
amended. 

Aid to dis- 
charged male 
prisoners. 



sive, pay it to the commonwealth ; and the master or keeper 
of a jail or house of correction shall, as often as he has in 
his possession such money to the amount of five thousand 
dollars, pay it into the county treasury. 

Section 18. Section seventy-two of said chapter one 
hundred and twenty-seven, as so appearing, is hereby 
amended by striking out, in the third and fourth lines, the 
words "prison camp and hospital" and inserting in place 
thereof the words : — the state prison colony. 

Section 1-9. Section seventy-eight and sections seventy- 
nine to eighty-two, inclusive, of said chapter one hundred 
and twenty-seven, as so appearing, are hereby repealed and 
the heading preceding said section seventy-nine is hereby 
stricken out. 

Section 20. Section eighty-seven of said chapter one 
hundred and twenty-seven, as so appearing, is hereby 
amended by striking out, in the seventh Hne, the words 
"prison camp and hospital" and inserting in place thereof 
the words: — state prison colony. 

Section 21. Section one hundred and nine of said 
chapter one hundred and twenty-seven, as so appearing, 
is hereby repealed. 

Section 22. Section one hundred and thirty-seven of 
said chapter one hundred and twenty-seven, as most recently 
amended by section forty-seven of chapter four hundred 
and fifty-one of the acts of nineteen hundred and thirty- 
nine, is hereby repealed. 

Section 23. Said chapter one hundred and twenty- 
seven is hereby further amended by striking out section 
one hundred and thirty-nine, as most recently amended by 
section fifty of said chapter four hundred and fifty-one, and 
inserting in place thereof the following: — Section 139. The 
power to grant a permit to be at liberty to any person sen- 
tenced or transferred to the state prison, the state prison 
colony, the Massachusetts reformatory, the reformatory 
for women or the state farm, and to revoke, revise, alter or 
amend the same, shall remain in the parole board until the 
expiration of the maximum term of the sentence for the 
service of which the person was so committed or transferred, 
notwithstanding the subsequent transfer of such person to 
any other institution. 

Section 24. Said chapter one hundred and twenty-seven 
is hereby further amended by striking out section one hun- 
dred and fifty-eight, as appearing in the Tercentenary Edi- 
tion, and inserting in place thereof the following : — Section 
168. The male agents employed to aid discharged male 
prisoners shall endeavor to secure employment for prisoners 
who have been permanently discharged or released on per- 
mit from the state prison, the state prison colony, the Mas- 
sachusetts reformatory or the state farm, provide said prison- 
ers with needed assistance, and perform such other duties 
relative to discharged or released prisoners as the commis- 
sioner requires. They shall also obtain information for the 



Acts, 1941. — Chap. 345. 295 

commissioner relative to prisoners committed to institutions 
under his supervision, especially as to the details of their 
offences and their previous character and history. They 
may for that purpose require of the police authorities any 
facts in their possession relative to such prisoners if the com- 
munication thereof will not, in the opinion of said authori- 
ties, be detrimental to the public interest. 

Section 25. Said chapter one hundred and twenty- g. l. (Ter. 
seven is hereby further amended by striking out section one ^Hd^^^' 
hundred and sixty, as so appearing, and inserting in place amended. 
thereof the following: — Section 160. The commissioner Expenditures, 
may expend such sum as may be appropriated for the assist- 
ance of prisoners released from the state prison, the state 
prison colony, the Massachusetts reformatory, the reforma- 
tory for women or the state farm, or from any institution to 
which they were removed therefrom. 

Section 26, Section seventj^-four of chapter one hundred g. l. (Ter. 
and fifty-two of the General Laws, as most recently amended etc!. 'amended.' 
by section fifty-seven of chapter four hundred and fifty-one AppUcation 
of the acts of nineteen hundred and thirty-nine, is hereby °* 5§ 69-75. 
further amended by striking out, in the tenth line, the word 
"seventy-eight" and inserting in place thereof the word: — 
seventy-seven. 

Section 27. Chapter two hundred and sixty-six of the g. l. (Ter. 
General Laws is hereby amended by striking out section ^^l^^^^' 
one hundred and twenty-three, as appearing in the Ter- amended. 
centenary Edition, and inserting in place thereof the follow- 
ing: — Section 123. Whoever wilfully trespasses upon land or Trespassing 
premises belonging to the commonwealth and appurtenant certaCi^ °^ 
to the state prison, state prison colony, Massachusetts re- institutions. 
formatory, reformatory for women, state farm, Tewksbury 
state hospital and infirmary, any pubfic institution for the 
care of insane, feeble minded or epileptic persons, any Mas- 
sachusetts training school, state charitable institution, or 
upon land or premises belonging to any county and appurte- 
nant to a jail or house of correction, or, after notice from an 
ofiicer of any of said institutions to leave said land, remains 
thereon, shall be punished by imprisonment for not more than 
three months or by a fine of not more than fifty dollars. 

Section 28. Section sixteen of chapter two hundred and g. l. (Ter. 
sixty-eight of the General Laws, as amended by chapter etc!.'amended.' 
three hundred and forty-four of the acts of nineteen hundred sentences, etc. 
and thirty-four, is hereby further amended by striking out 
the last sentence. Approved June 2, 19^1. 

An Act providing " that certain law^s authorizing the Chav.S4:5 
election of certain city and TOWTsr officers by pro- 
portional representation and preferential voting 
shall apply to the city council of boston. 

Be it enacted, etc., as follows: 

Section one of chapter fifty-four A of the General Laws, g. l. (Ter. 
as appearing in section one of chapter three hundred and § i; etc., ' 

amended. 



296 



Acts, 1941. — Chaps. 346, 347. 



Definition. 



forty-one of the acts of nineteen hundred and thirty-eight, 
is hereby amended by striking out, in the tenth and eleventh 
hues, the words "the city council of the city of Boston or", 
— so that the paragraph contained in the sixth to the twelfth 
lines, inclusive, will read as follows : — 

"Elective body" or "body" shall mean any body, board 
or commission of any city or town, whether or not any or all 
of its members are elected at large, including the school 
committee, the selectmen of a town and the legislative body 
of a city, or either branch thereof, but shall not include the 
town meeting members of any town. 

Approved June 2, 1941. 



Chap 



G. L. (Ter. - 
Ed.), 40, § 21, 
new clause 
added. 



Removal of 
vehicles inter- 
fering with 
highway work. 



G. L. (Ter. 
Ed.), 85, new 
section 2A, 
added. 

Removal of 
ice, etc., on 
state highway. 



,346 An Act authorizing the department of public works 
to remove vehicles from state highways when said 
vehicles interfere with the removal of snow and 
ice and empowering cities and towns to provide by 
ordinance or by-law for the removal of vehicles 
from ways therein in such cases. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter forty of the 
General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by inserting at the end the following new 
clause : — 

(16) For authorizing the superintendent of streets or 
other officer having charge of ways, for the purpose of re- 
moving or plowing snow, or removing ice, from any way, to 
remove, or cause to be removed, to some convenient place, 
including in such term a public garage, any vehicle inter- 
fering with such work, and for imposing liability for the cost 
of such removal, and of the storage charges, if any, resulting 
therefrom, upon the owner of such vehicle. 

Section 2. Chapter eighty-five of the General Laws is 
hereby amended by inserting after section two, as appearing 
in the Tercentenary Edition, the following new section : — 
Section 2 A. The department, for the purpose of removing 
or plowing snow, or removing ice, from a state highway, may, 
by its own employees or with such other assistance as it may 
require, remove, or cause to be removed, to some convenient 
place, any vehicle interfering with such work. The depart- 
ment shall keep records of the registration number of each 
vehicle so removed and of the place to which it was removed. 

Approved June 2, 1941. 



Chap. 34:7 An Act relative to the engrossment of bills and 
resolves passed to be engrossed by the general 

COURT. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to expedite the making of certain 
legislative acts and resolves available to the public, there- 



Acts, 1941. — Chap. 348. 297 

fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter three of the General Laws is hereby amended by g. l. (Ter. 
striking out section twenty-three, as appearing in the Ter- Amended. ^^' 
centenary Edition, and inserting in place thereof the following 
section : — Section 23. Bills and resolves passed to be en- Engrossment 
grossed by the general court, and bills for which initiative resoivL?"^ 
petitions are completed under the constitution of the com- 
monwealth, shall, under the direction of the state secretary, 
be fairly engrossed on parchment or parchment paper in a 
plain and legible handwriting, written by a typewriting ma- 
chine, or printed, without interlineation, and with a mar- 
gin of not less than one inch on each side, and in engross- 
ing bills for which initiative petitions are completed the 
enacting clause shall be in the form prescribed by section 
three of chapter four. Each sheet on which bills are so en- 
grossed shall be eighteen inches long and thirteen inches 
wide, and each sheet on which resolves are so engrossed 
shall be fifteen inches long and ten inches wide. The secre- 
tary shall cause the acts and resolves of each session to be 
neatly and strongly bound in separate volumes of convenient 
size and lettered on the back with a designation of the con- 
tents and the legislative year. If such original engrossed 
acts or resolves are becoming illegible, he shall cause parch- 
ment or parchment paper copies thereof, similar to the orig- 
inals, to be engrossed, and shall attest them. Such attested 
copies shall have the same force and effect as the originals. 

Approved June 4, 1941. 

An Act to provide for an additional -court officer in Qhav 348 

THE FIRST DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section" sixty-two of chapter two hundred and eighteen g. l. (Ter. 
of the General Laws, as most recently amended by section fttlamend^ed.^' 
three of chapter three hundred and nine of the acts of the 
current year, is hereby further amended by inserting after 
the word "Chelsea" the following: — , the first district 
court of Eastern Middlesex, — so as to read as follows : — 
Section 62. In the municipal court of the city of Boston Number of 
the court officers appointed shall not exceed ten for criminal ''°'^* officers, 
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 busi- 
ness, one of whom shall be designated by said chief justice 
as chief court officer of said court for civil business; in the 
municipal court of the Roxbury district five court officers 
may be appointed; in the third district court of Eastern 
Middlesex and in the municipal court of the West Roxburj' 
district three court officers may be appointed; in the mu- 
nicipal court of the South Boston district, of the Charlestown 



298 Acts, 1941. — Chaps. 349, 350. 

district and of the Dorchester district, the East Boston dis- 
trict court, the district court of Chelsea, the first district 
court of Eastern Middlesex and the district court of East 
Norfolk two court officers for each court may be appointed ; 
and in each of the other district courts in the commonwealth 
one court officer may be appointed. 

Approved June 4, 1941. 

Chav 349 ^^ ^^"^ dissolving the industrial defense associa- 

TION, inc. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, which is to prevent without delay 
the continuance of activities by the corporation dissolved 
thereby, therefore it is declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as folloivs: 

Section 1. The Industrial Defense Association, Inc., a 
Massachusetts corporation duly organized and established 
April twenty-sixth, nineteen hundred and twenty-six, is 
hereby dissolved, subject to sections fifty-one and fifty-two 
of chapter one hundred and fifty-five of the General Laws. 

Section 2. Nothing in this act shall be construed to 
affect any suit pending by or against said corporation, or 
any suit now pending or hereafter brought for any liabiHty 
now existing against the officers of said corporation, or to 
make valid any defect in the organization of said corporation. 

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

Approved June 4, 1941. 



Chav. 350 An Act relative to^representatign of candidates and 

PETITIONERS BY AGENTS AT RECOUNTS, AND TO THE CON- 
DUCT OF RECOUNTS. 

Be it enacted, etc., as follows: 
G. l. (Ter. Scction One hundred and thirty-five of chapter fifty-four 

Sc'^ 'amended^' o^ ^hc General Laws, as most recently amended by chapter 
two hundred and thirty-six of the acts of the current year, 
is hereby further amended by striking out the second sen- 
tence of the paragraph appearing in chapter three hundred 
and three of the acts of nineteen hundred and thirty-seven, 
and inserting in place thereof the two following sentences: 
Representation — Each such Candidate or person may also be represented 
at recounts. j^^ ageuts, appointed by him or his counsel in writing, sufii- 



Acts, 1941. — Chap. 351. 299 

cient in number to provide one such agent for each officer 
counting or checking such ballots; provided, that no such 
candidate or person may have more than one such agent, 
other than his counsel, witnessing the work of any one offi- 
cer at any one time. Each such candidate, person, coun- 
sel and agent shall have the right to watch and inspect the 
ballots, tally sheets and all other papers used in the recount, 
and to watch every individual act performed in connection 
therewith. Approved June 4, IONI- 



AN Act making certain changes in the general laws (JJidj) 35] 

NECESSITATED BY THE CHANGE IN THE NAME OF THE IN- 
STITUTION FORMERLY KNOWN AS THE STATE INFIRMARY 
TO THE TEWKSBURY STATE HOSPITAL AND INFIRMARY AND 
CERTAIN OTHER MINOR PERFECTING CHANGES. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter five of the General o. l. (Ter. 
Laws, as most recently amended by chapter one hundred ftt! 'amended. 
and ninety-six of the acts of nineteen hundred and thirty- Annual distn- 
eight, is hereby further amended by striking out, in the {^3^^°"°^*^^ 
twenty-first line of the second paragraph amended by said 
chapter one hundred and ninety-six, the word "state" the 
first time it occurs and inserting in place thereof the words: 
— Tewksbury state hospital and. 

Section 2. Chapter eighteen of the General Laws is g. l. (Ter. 
hereby amended by striking out section eight, as appearing amende^d. ^' 
in the Tercentenary Edition, and inserting in place thereof 
the following : — Section 8. There shall be a board of trus- Trustees of 
tees of the Tewksbury state hospital and infirmary serving ^areL^kai. 
in the division and consisting of five men and two women, 
three of whom shall annually in June be appointed by the 
governor, with the advice and consent of the council, for 
three years each, except that in the year nineteen hundred 
and forty-two and every third year thereafter only one such 
trustee shall be so appointed. 

Section 3. Section four of chapter forty of the General ejMo1'4 
Laws, as amended, is hereby further amended by striking etc!, 'ani4nded. 
out, in the twelfth line as appearing in the Tercentenary Municipal 
Edition, the word "state" and inserting in place thereof contract" 
the words: — Tewksbury state hospital and. 

Section 4. Section sixteen of chapter forty-six of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, amenckd.^ ^^" 
is hereby amended by striking out, in the third line, the gia^,^i, f^rms 
word "state" and inserting in place thereof the words: — 
Tewksbury state hospital and. 

Section 5. Said chapter forty-six is hereby further g l. (Ter. 
amended by striking out section twenty, as so appearing, and ameAded. 
inserting in place thereof the following : — Section 20. The superintendent 
superintendent of the Tewksbury state hospital and infir- Jetur^g*^ 
mary shall obtain, record and make return of the facts rela- 
tive to births and deaths therein in the same manner as town 



m 



Acts, 1941. — Chap. 351. 



G. L. (Ter. 
Ed.), 69, § 7, 
etc., amended. 

Correspondence 
courses. 



G. L. (Ter. 
Ed.), 113, § 1, 
amended. 

Disposition 
of bodies. 



G. L. (Ter. 
Ed.), 117, § 17. 
etc., amended. 

Support, etc., 
of indigent 
persona. 



G. L. (Ter. 
Ed.). 117. § 18, 
etc., amended. 



Aid to certain 
state charges. 



clerks. The clerk of the town where said institution is 
located shall, relative to the births and deaths therein, be 
exempt from the duties otherwise required of him by this 
chapter. 

Section 6. Section seven of chapter sixty-nine of the 
General Laws, as most recently amended by chapter four 
hundred and twenty-four of the acts of nineteen hundred 
and thirty-eight, is hereby further amended by striking out, 
in the thirteenth line, the word "state" and inserting in 
place thereof the words: — Tewksbury state hospital and. 

Section 7. Section one of chapter one hundred and 
thirteen of the General Laws, as appearing in the Tercente- 
nary Edition, is hereby amended by striking out, in the fifth 
line, the word "state" and inserting in place thereof the 
words: — Tewksbury state hospital and. 

Section 8. Section seventeen of chapter one hundred 
and seventeen of the General Laws, as most recently amended 
by chapter three hundred and seventy of the acts of nineteen 
hundred and thirty-nine, is hereby further amended by 
striking out, in the fifth line, the word "state" and inserting 
in place thereof the words : — Tewksbury state hospital and. 

Section 9. Said chapter one hundred and seventeen is 
hereby further amended by striking out section eighteen, as 
amended by chapter four hundred and twenty-five of the 
acts of nineteen hundred and thirty-eight, and inserting in 
place thereof the following: — Section 18. A town may 
furnish temporary aid to poor persons found therein, having 
no lawful settlements within the commonwealth, if the board 
of public welfare consider it for the public interest; and the 
board of public welfare shall in every case give written notice 
within ten days to the department of public welfare, which 
shall examine the case and order such aid as it deems ex- 
pedient. If it directs a discontinuance of such aid, it shall 
remove such persons to said hospital and infirmary or to any 
state or place where they belong, if their necessities or the 
public interests require it, and the superintendent of that 
institution shall receive the persons removed thereto as if 
they were sent there in accordance with section seven of 
chapter one hundred and twenty-two. A detailed state- 
ment of expenses so incurred shall be rendered, and after 
approval by the department such expenses shall be paid by 
the commonwealth, without reduction on account of work 
or service rendered by the persons so aided in return for 
such aid. If any such person refuses to submit to removal, 
the department or any of its officers or agents may apply to 
the district court of the district where such person resides, 
for an order directing that such removal be made. Upon 
such application the court shall forthwith cause a summons 
to be served upon the person so refusing, and, if he be a 
minor, upon his parent or guardian, requiring the attendance 
of the person so summoned at a time and place appointed 
therein for hearing; and at such time and place shall hear 
and examine upon oath such person or persons, and shall 



Acts, 1941.— Chap. 351. 301 

hear such other evidence as may be material. If upon hear- 
ing it appears that the person sought to be removed is with- 
out a legal settlement in this commonwealth and is unable 
to support himself, and that his necessities or the public 
interests require his removal, the court shall issue an order 
in writing, directed to a duly constituted officer or agent of 
the department, reciting that such person appears to be a 
state charge, and that his necessities or the public interests 
require his removal, and commanding such officer or agent 
to remove him to said institution or to any other state insti- 
tution designated by the department, and such officer or 
agent shall thereupon make the removal as ordered. After 
the removal is made such officer or agent shall file such order, 
with his return thereon, with the clerk of the court from 
which it was issued. In every case where a removal is ordered 
a detailed statement of the expense incurred by any town for 
the support of the person so removed while application for his 
removal was pending before the court shall be rendered, and 
after approval by the department shall be paid by the com- 
monwealth. Reimbursement by the commonwealth under 
the provisions hereof shall be subject to the provisions of 
section forty-two of chapter one hundred and twenty-one. 

Section 10. Section twenty-two of chapter one hundred g. l. (Xer. 
and nineteen of the General Laws, as appearing in the Ter- amended.' ' 
centenary Edition, is hereby amended by striking out, in cust9dy of 
the second line, the word "state" and inserting in place certain infants, 
thereof the words: — Tewksbury state hospital and. 

Section 11. Section six of chapter one hundred and g. l. (Ter. 
twenty-one of the General Laws, as so appearing, is hereby amended.' ' 
amended by striking out, in the second line, the word "state" supervision 
and inserting in place thereof the words : — Tewksbury °l^l^^^ '"^*'' 
state hospital and. 

Section 12. Section seven of said chapter one hundred p^\'•ITf%7 
and twenty-one, as so appearing, is hereby amended by amended.' 
striking out, in the eighth line, the word "state" and insert- visitations. 
ing in place thereof the words : — Tewksbury state hospital 
and, — and by striking out, in the eleventh line, the word 
"infirmary" and inserting in place thereof the words: — 
first mentioned institution. 

Section 13. Section nine of said chapter one hundred Sj^{Jf%Q 
and twenty-one, as so appearing, is hereby amended by amended.' 
striking out, in the eighth line, the word "state" and insert- Transfers, 
ing in place thereof the words : — Tewksbury state hospital 
and. 

Section 14. Section twelve of said chapter one hundred g^l. (Ter. ^^ 
and twenty-one, as so appearing, is hereby amended by amended.' 
striking out, in the third line, the word "state" and insert- Removals. 
ing in place thereof the words: — Tewksbury state hospital 
and. 

Section 15. Section thirteen of said chapter one hundred g-^^. (Ter ^^ 
and twenty-one, as so appearing, is hereby amended by amended.' 
striking out, in the third line, the word "state" and inserting Admissions, 
in place thereof the words : — Tewksbury state hospital and, 



302 



Acts, 1941. — Chap. 351. 



G. L. (Ter. 
Ed.), 121, § 15, 
amended. 

Sick juvenile 
offenders. 



G. L. (Ter. 
Ed.), 121, § 39. 
amended. 

Statistical 
forms. 



G. L. (Ter. 
Ed.), 122, title, 
amended. 



G. L. (Ter. 
Ed.), 122, § 1, 
amended. 

Trustees. 



G. L. (Ter. 
Ed.), 122, § 2, 
amended. 

Rules. 



G. L. (Ter. 
Ed.), 122, § 2A, 
amended. 

Powers, etc. 



G. L. (Ter. 
Ed.), 122, § 2B, 
etc., amended. 

Deposits. 



G. L. (Ter. 
Ed.), 122. I 2C, 
etc., amended. 

Funds. 



G. L. (Ter. 
Ed.), 122, § 2D, 
etc., amended. 



Section 16. Section fifteen of said chapter one hundred 
and twentj^-one, as so appearing, is hereby amended by 
striking out, in the first fine, the word "state" and inserting 
in place thereof the words : — Tewksbury state hospital 
and, — and by striking out, in the fifth fine, the words "the 
state" and inserting in place thereof the words: — said hos- 
pital and. 

Section 17. Section thirty-nine of said chapter one hun- 
dred and twenty-one, as so appearing, is hereby amended 
by striking out, in the second line, the word "state" and 
inserting in place thereof the words : — Tewksbury state 
hospital and, — and by striking out, in the tenth line, the 
word "the" and inserting in place thereof the words: — 
said hospital and. 

Section 18. The title of chapter one hundred and 
twenty-two of the General Laws is hereby amended by 
striking out the words "State Infirmary" and inserting in 
place thereof the words : — Tewksbury State Hospital and 
Infirmary. 

Section 19. Section one of said chapter one hundred 
and twenty-two, as so appearing, is hereby amended by 
striking out the first sentence and inserting in place thereof - 
the following : — The trustees of the Tewksbury state hos- 
pital and infirmary, in this chapter called the trustees, shall 
hold monthly meetings at said hospital and infirmary, — 
and by striking out, in the fourth line, the words "of the 
state infirmarj^" and inserting in place thereof the word: — 
thereof. 

Section 20. Section two of said chapter one hundred 
and twenty-two, as so appearing, is hereby amended by 
striking out, in the third line, the words "the state" and 
inserting in place thereof the words : — said hospital and. 

Section 21. Section two A of said chapter one hundred 
and twenty-two, as so appearing, is hereby amended by 
striking out, in the fifth line, the word "state" and inserting 
in place thereof the words : — Tewksbury state hospital 
and. 

Section 22. Section two B of said chapter one hundred 
and twenty-two of the General Laws, inserted by chapter 
two hundred and ninety-five of the acts of nineteen hundred 
and thirty-six, is hereby amended by striking out, in the 
second line, the word "state" and inserting in place thereof 
the words: — Tewksburj'- state hospital and. 

Section 23. Section two C of said chapter one hundred 
and twenty-two, inserted as aforesaid, is hereby amended 
by striking out, in the third line, the words "the state" and 
inserting in place thereof the words: — said hospital and, — 
by striking out, in the fifth line, the words "of said state 
infirmary" and inserting in place thereof the word: — 
thereof, — and by striking out, in the twelfth line, the 
words "of the state infirmary". 

Section 24. Said chapter one hundred and twenty-two 
is hereby further amended by striking out section two D, 



Acts, 1941. — Chap. 351. 303 

inserted as aforesaid, and inserting in place thereof the fol- 
lowing: — Section 2D. Property known as "Patients' Valu- Patients* 
ables", belonging to, or deposited for the benefit of, former '^^'^^ ^ 
patients of said institution, which shall have remained un- 
claimed for more than one year, shall be disposed of as here- 
inafter provided, by the superintendent thereof and a rep- 
resentative of the trustees designated by them, acting as a 
special board for said purpose, but only if all known next of 
kin of the former patient shall have been notified in writing 
by the said superintendent. The board shall ascertain 
whether the property has any sale value and, if so, shall 
solicit from at least three reputable dealers in like property 
offers for the purchase thereof, and shall sell the same to 
the dealer offering the highest price. The proceeds of such 
sale shall become a part of the "Patients' Funds" and shall 
be disposed of as provided in section two C. The board 
may dispose of such of said property as, in its opinion, has 
no sale value, or any of said property for which no offer, 
soHcited as aforesaid, has been received, in such manner as 
it may deem proper. A complete record of each transaction 
hereunder shall be made and signed by both members of 
the board and filed with the other records at said institu- 
tion relating to the former patient whose property shall 
have been disposed of as aforesaid. 

Section 25. Said chapter one hundred and twenty-two g. l. (Ter. 

-n "PH ^ 122 S 2T^ 

is hereby further amended by striking out section two E, etc!, 'amended. ' 
inserted as aforesaid, and inserting in place thereof the 
following : — Section 2E. Any bank book representing a Disposition of 
deposit account in a savings bank or trust company within ^^""^ ^'^^' 
the commonwealth, which belongs to a former patient of 
said institution and shall have remained unclaimed for more 
than two years in the custody of the superintendent thereof, 
may be presented by the trustees to such bank or trust 
company accompanied by their written request for pay- 
ment to them of such deposit account except so much as 
is in excess of the amount due the commonwealth for the 
support of such patient, and such bank or trust company 
shall thereupon pay to the trustees the amount so re- 
quested. 

Section 26. Section three of said chapter one hundred %^-^^^\^ 
and twenty-two of the General Laws, as appearing in the ameAded.' 
Tercentenary Edition, is hereby amended by striking out. Powers of 
in the fourth line, the words "the state" and inserting in trustees. 
place thereof the words: — said hospital and. 

Section 27. Section four of said chapter one hundred gj^lJl'v^ 
and twenty-two, as so appearing, is hereby amended by amended.' 
striking out, in the second line, the words "the state" and superintendent, 
inserting in place thereof the words: — said hospital and. 

Section 28. Section five of said chapter one hundred g^^. (Ter ^ 
and twenty-two, as so appearing, is hereby amended by amended.' 
striking out, in the third line, the words "infirmary hos- Resident 
pital" and inserting in place thereof the words: — hospital physician- 
at the Tewksbury state hospital and infirmary. 



304 



Acts, 1941. — Chap. 351. 



G. L. (Ter. 
Ed.), 122, § 6, 
etc., amended. 

Support by 
kindred. 



G. L. (Ter. 
Ed.), 122, § 8, 
amended. 

Contracts. 



G. L. (Ter. 
Ed.), 122. § 10, 
amended. 

Liability tor 
support. 

G. L. (Ter. 
Ed.), 122, § 13, 
amended. 

Dangerous 
insane. 

G. L. (Ter. 
Ed.), 122, § 14, 
amended. 

Care of 

unsettled 

dependents. 

G. L. (Ter. 
Ed.), 122, § 15, 
etc., amended. 

Transportation 
expenses. 



G. L. (Ter. 
Ed.), 122, § 16, 
amended. 

Removal of 
sick persons. 



G. L. (Ter. 
Ed.), 122, § 17, 
amended. 

Care of sick. 



G. L. (Tor. 
Ed.), 122, § 18, 
etc., amended. 

Reimburse- 
ment. 



G. L. (Ter. 
Ed.), 122, § 20, 
amended. 

Commitment 
of insane. 



Section 29. Section six of said chapter one hundred and 
twent3^-two, as most recently amended by chapter three 
hundred and forty-five of the acts of nineteen hundred and 
thirtj^-three, is hereb}^ further amended by striking out, in 
the first fine, the word "state" and inserting in place thereof 
the words: — Tewksbury state hospital and. 

Section 30. Sectiofi eight of said chapter one hundred 
and twenty-two, as appearing in the Tercentenary Edition, 
is hereby amended by striking out, in the third line, the 
word "state" and inserting in place thereof the words: — 
said hospital and, — and by striking out, in the fifth line, the 
words "the infirmary" and inserting in place thereof the 
words: — said institution. 

Section 31. Section ten of said chapter one hundred 
and twentj^-two, as so appearing, is hereby amended by 
striking out, in the first line, the words "the state" and in- 
serting in place thereof the words: — said hospital and. 

Section 32. Section thirteen of said chapter one hundred 
and twentj^-two, as so appearing, is hereby amended by 
striking out, in the first line, the word "state" and inserting 
in place thereof the words: — said hospital and. 

Section 33. Section fourteen of said chapter one hun- 
dred and twenty-two, as so appearing, is hereby amended 
by striking out, in the first line, the words "the state" and 
inserting in place thereof the words : — said hospital and. 

Section 34. Section fifteen of said chapter one hundred 
and twenty-two, as most recently amended bj^ chapter three 
hundred and twenty-five of the acts of nineteen hundred 
and thirty-six, is hereby further amended by striking out, 
in the first line, the words "the state" and inserting in place 
thereof the words : — said hospital and. 

Section 35. Section sixteen of said chapter one hundred 
and twenty-two, as appearing in the Tercentenary' Edition, 
is hereby amended by striking out, in the third line, the 
words "the state" and inserting in place thereof the words: 
— said hospital and. 

Section 36. Section seventeen of said chapter one hun- 
dred and twenty-two, as so appearing, is hereby amended 
by striking out, in the first line, the words "the state" and 
inserting in place thereof the words : — said hospital and. 

Section 37. Section eighteen of said chapter one hun- 
dred and twenty-two of the General Laws, as amended by 
chapter three hundred and seventj^'-eight of the acts of nine- 
teen hundred and thirty-six, is hereby further amended by 
striking out, in the fifth line, the words "the state" and in- 
serting in place thereof the words: — said hospital and, — 
and by striking out, in the twelfth and thirteenth lines, the 
words "the state infirmary" and inserting in place thereof 
the words : — said institution. 

Section 38. Section twenty of said chapter one hundred 
and twenty-two, as appearing in the Tercentenar}^ Edition, 
is hereby amended by striking out, in the first line, the words 
"the state" and inserting in place thereof the words: — said 



Acts, 1941. — Chap. 352. 305 

hospital and, — and by striking out, in the second hne, the 
words "to the state infirmaiy" and inserting in place thereof 
the word: — thereto. 

Section 39. Section twenty-three of said chapter one g. l. (Ter. 
hundred and twenty-two, as so appearing, is hereby amended amended^.' ^ ^^' 
by striking out, in the first hne, the word "state" and in- Escapes. 
serting in place thereof the words : — Tewksbury state hos- 
pital and. 

Section 40. Chapter one hundred and twenty-three of g^l. (Ter ^^ 
the General Laws is hereby amended by striking out sec- amended.' 
tion twenty-two, as so appearing, and inserting in place 
thereof the following: — Section 22. The department shall P^^^°^ 
have the same authority with regard to the transfer of in- 
sane inmates of the wards of the Tewksbury state hospital 
and infirmarj' now or hereafter used for the care of the in- 
sane, which it has over the transfer of inmates of state hos- 
pitals, under section twenty; but the said wards shall re- 
main under the jurisdiction of the trustees of said hospital 
and infirmary and the control of its superintendent. 

Section 41. Section ninety-six of said chapter one hun- g l. (Ter 
dred and twenty-three, as so appearing, is hereby amended ameAded.' ^^' 
by striking out, in the third line, the word "state" the first support. 
time it appears and inserting in place thereof the words : — 
Tewksburj^ state hospital and. 

Section 42. Section ninety-six of chapter one hundred %^- |J.^'"j gg 
and twenty-seven of the General Laws, as so appearing, is amended.' 
hereby amended by striking out, in the seventh line, ■ the Removal of 
word "state" and mserting in place thereof the words: — '^ ^ ^^^' 
Tewksbury state hospital and. 

Section 43. Section one hundred and eighteen of said Edt'iJ?"^' 
chapter one hundred and twenty-seven, as most recently § lis, etc., 
amended by chapter four hundred and fifty-six of the acts p^j^^^^^'^' 
of nineteen hundred and thirty-eight, is hereby further prisoners. 
amended by striking out, in the eighth line, the word "state" 
and inserting in place thereof the words : — Tewksbury state 
hospital and. Approved June 4, 1941. 



Chap.S52 



An Act making changes in the laws relative to the 
number of blank spaces to be provided on ballots at 

certain PRIMARIES. 

Be it enacted, etc., as follows: 

Section thirty-four of chapter fifty-three of the General Ed ^' 53 1' 34 
Laws, as most recently amended by section nine of chapter etc!, 'amended'. 
four hundred and seventy-three of the acts of nineteen hun- 
dred and thirty-eight, is hereby further amended by striking 
out the fifth paragraph and inserting in place thereof the 
following paragraph : — 

No names shall be printed on a ballot other than those Ballots, blank 
received on nomination papers. Immediately following the It^prTmarles. 
names of candidates on ballots at city and town primaries, 
blank spaces equal to the number of persons to be chosen 



306 



Acts, 1941. — Chaps. 353, 354. 



shall be provided for the insertion of other names. Imme- 
diately following the names of candidates on ballots at state 
and presidential primaries, where there are fewer names 
than there are persons to be chosen, blank spaces shall be 
provided, equal in number to the deJ&ciency, for the insertion 
of other names. Approved June 4, 1941. 



Protection 
of Charles 
river. 



Chap. 353 An Act to further prevent pollution of the charles 

RIVER. 

Be it enacted, etc., as follows: 

EdViTr* Chapter one hundred and eleven of the General Laws is 

5 175. amended, hereby amended by striking out section one hundred and 
seventy-five, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following: — Section 175. 
The department may make reasonable orders, having due 
regard for the particular circumstances of each case, pro- 
hibiting the entrance or discharge of sewage into any part 
of the Charles river or its tributaries, and preventing the 
entrance or discharge therein of any other substance which 
may be injurious to the public health or may tend to create 
a public nuisance or to obstruct the flow of water, including 
all waste or refuse from any factory or other establishment 
where persons are employed. Any finding of fact made by 
the department in making such an order shall be prima 
facie evidence in any proceeding to enforce such order. The 
department shall consult and advise with the owner of any 
factory or other establishment, or with any municipality, 
discharging any substance into the Charles river or any of 
its tributaries, at his or its request or of the department's 
own motion, as to the best practicable and reasonably avail- 
able means of rendering such substance harmless. The su- 
preme judicial and the superior court shall have jurisdiction 
in equity to enforce any order made by the department 
hereunder. Proceedings to enforce any such order shall be 
instituted and prosecuted by the attorney general upon the 
request of the department. Whoever violates any order of 
the department made under any provision of this section 
shall be punished by a fine of not less than twenty-five nor 
more than five hundred dollars. Nothing herein shall affect 
any powers of the metropolitan district commission under 
section thirty-nine or seventy-six of chapter ninety-two. 

Approved June 5, 1941. 



Chav.354: An Act relative to the retirement allowances of 

MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF 
NEWTON. 

Be it encLcted, etc., as follows: 

Section 1. Chapter one hundred and thirty-eight of 
the Special Acts of nineteen hundred and seventeen is hereby 
amended by striking out section five and inserting in place 



Acts, 1941. — Chaps. 355, 356. 307 

thereof the following section : — Section 5. Every person 
retired under the provisions of sections one and two of this 
act shall receive from the city an annual pension or com- 
pensation equal to one half of the highest salary or other 
compensation received by him while he was holding the 
grade held by him at his retirement. Payments shall be 
made in the same manner and at the same time as payments 
of salary or other compensation to firemen in active service. 
Section 2. This act shall apply to the retirement allow- 
ances of firemen retired by said city since January first, 
nineteen hundred and thirty-one, and prior to the effective 
date of this act, as well as to those retired after said effective 
date, but subject to section ten of chapter two hundred and 
eighty-five of the acts of nineteen hundred and thirty-four, 
as amended by section ten of chapter one hundred and two 
of the acts of nineteen hundred and thirty-seven. 

Approved June 5, 19/^1. 

An Act authorizing the town of framingham to make Chap. 355 

JOHN L. REGAN ELIGIBLE TO CERTAIN RETIREMENT RIGHTS 
UPON BECOMING A MEMBER OF THE RETIREMENT SYSTEM 
OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. John L. Regan, a police officer of the town 
of Framingham, who was shot and permanently disabled 
while in the performance of his duty, upon his becoming a 
member of the contributory retirement system of said town, 
with prior service credit, shall be eligible for accidental dis- 
abffity retirement. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town of Framingham at an annual town 
meeting, or at a special town meeting called for the purpose, 
but not otherwise. Approved June 5, 1941. 

An Act prohibiting the sale between one o'clock ante Qfidj) 35A 

meridian and one o'clock post MERIDIAN ON CHRIST- ^' 

mas day of alcoholic beverages to be drunk on the 
premises. 

Be it enacted, etc., as follows: 

Section thirty-three of chapter one hundred and thirty- g. l. (ler- 
eight of the General Laws, as most recently amended by etc.. 'amended. ' 
chapter two hundred and sixty-eight of the acts of nineteen 
hundred and thirty-seven, is hereby further amended by 
inserting after the word "meridian" in the seventeenth line 
the words : — , no licensee under section twelve shall sell any 
such beverages on Christmas day, or on the day following 
when Christmas day occurs on Sunday, between one o'clock 
ante meridian and one o'clock post meridian, — so as to 
read as follows : — Section 33. No licensee under section Saies on 
twelve shall sell and no Hcensee under section fifteen shall ^gXt^^ ^^^ 



308 Acts, 1941. — Chap. 357. 

sell or deliver any alcoholic beverages, and no registered 
pharmacist acting under section twenty-nine and no licensee 
under section thirty A shall sell any alcoholic beverages 
or alcohol without a physician's prescription, during polhng 
hours on any day on which a state or municipal elec- 
tion, caucus or primary is held in the city or town in 
which such hcensed place is conducted; provided, that the 
foregoing restrictions shall not apply in the case of such an 
election, primary or caucus if the local licensing authorities 
issue an order to that effect applicable alike to all licensees 
of every class subject to such restrictions. No holder of a 
tavern license shall sell any alcoholic beverages on Sundays, 
no other licensee under section twelve shall sell any such 
beverages on Sundays before one o'clock post meridian, no 
licensee under section twelve shall sell any such beverages 
on Christmas day, or on the day following when Christmas 
day occurs on Sunday, between one o'clock ante meridian 
and one o'clock post meridian, no registered pharmacist 
acting under section twenty-nine and no licensee under 
section thirty A shall sell any alcoholic beverages or alcohol 
without a prescription on Sundays or legal holidays, no 
licensee under section fifteen shall sell or deliver any alco- 
holic beverages on Sundays or on May thirtieth, Thanks- 
giving day or Christmas day or on the day following when 
May thirtieth or Christmas day occurs on Sunday, or on 
any other legal holiday before one o'clock post meridian and 
no licensee under any other section of this chapter for the 
sale of alcoholic beverages not to be drunk on the premises 
shall sell or deliver any such beverages or alcohol on Sun- 
days or legal holidays. Approved June 5, 1941. 



Chap. 357 -^^ Act authorizing the town of montague to make 

JOHN RICHASON eligible TO CERTAIN RETIREMENT RIGHTS 
UPON BECOMING A MEMBER OF THE CONTRIBUTORY RE- 
TIREMENT SYSTEM OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. John Richason, a police officer of the town 
of Montague, who was permanently disabled while in the 
performance of his duty, upon his becoming 'a member of 
the contributory retirement system of said town shall be 
eligible for accidental disability retirement. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town of Montague at an annual town meet- 
ing, or at a special town meeting called for the purpose, but 
not otherwise. Approved June 5, 1941. 



Acts, 1941. — Chaps. 358, 359. 309 



An Act establishing in the town of weymouth a (Jfidj) 355 

MUNICIPAL building INSURANCE FUND COMMISSION AND 
FIXING ITS DUTIES. 

Be it enacted, etc., as follows: 

Section 1. There is hereby estabhshed in the town of 
Weymouth a commission to be known as the Weymouth 
municipal building insurance fund commission, hereinafter 
called the commission, to consist of the town treasurer, the 
town clerk and the town accountant of said town, who shall 
choose from among their membership a chairman and a sec- 
retary. The action of any two of the members shall con- 
stitute the action of the commission; and whenever any 
action by the commission is required to be in writing, such 
writing shall be sufficient when signed by any two of the 
members. Such members shall receive no additional com- 
pensation for acting hereunder, but shall be paid by the 
town for necessary traveling and other expenses incurred 
in the performance of their duties hereunder. The commis- 
sion shall have charge of the management and administra- 
tion of the Municipal Building Insurance Fund and shall 
annually file with the board of selectmen of said town an 
itemized and detailed statement of the receipts and expendi- 
tures of the commission. 

Section 2. Section one shall take full effect upon its 
acceptance by vote of the town meeting members of said 
town at any town meeting held within three years following 
the passage of this act, but not otherwise. 

Approved June 5, 1941. 

An Act relative to the use of certain park land in the (JJidj) 359 

city of HAVERHILL FOR PARKING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Haverhill is hereby authorized 
to discontinue the use for park purposes of a portion of 
Memorial park, so called, in said city, between the rear of 
the sanitary station and the pumping station and bordering 
on Oilman place and bounded and described as follows: 

Beginning at a point in the easterly line of Oilman place 
eighty-four feet south of the southeasterly corner of a stone 
bound marking the northerly end of the easterly line of 
said Oilman place; thence running north seventy-three de- 
grees, eight minutes east, a distance of eighty-one and fif- 
teen one hundredths feet to a point in the division line 
separating land of the United States of America from land 
of the city of Haverhill, which point is eighty-four and sixty- 
one one hundredths feet from the southerly line of Washing- 
ton square measured along the said division line; thence 
running south twenty-three degrees, thirty-one minutes east 
by said division line, a distance of one hundred and eleven 
and fifty-six one hundredths feet to land taken by said 



310 Acts, 1941. — Chaps. 360, 361. 

city, under authority of chapter four hundred and five 
of the acts of nineteen hundred and thirty-seven, for the 
construction and operation of a pumping station in connec- 
tion with certain flood protection works there constructed; 
thence running south sixty-six degrees, forty-nine minutes 
west by said last mentioned land, a distance of ninety-four 
and fifty-seven one hundredths feet to a point in the easterly 
line of Oilman place; thence running north sixteen degrees, 
fifty-four minutes west by said line of Oilman place, a dis- 
tance of one hundred and twenty-one and thirteen one 
hundredths feet to the point of beginning; containing ten 
thousand, one hundred and thirty-seven square feet; and 
thereafter to use and maintain said land for parking pur- 
poses under the control of the public property department 
of the said city. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the municipal 
council of the city of Haverhill, but not otherwise. 

Approved June 5, 1941. 

Chap.dQO An Act designating a certain highway as the Yankee 

DIVISION HIGHWAY. 

Be it enacted, etc., as follows: 

The highway known as route 128 shall hereafter be desig- 
nated and known as the Yankee Division Highway. The 
department of public works is hereby authorized and directed 
to erect along said highway suitable markers bearing said 
designation. Approved June 5, 1941. 

Chap.SGl An Act changing the personnel of the board of appeal 

IN THE CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty of the acts 
of nineteen hundred and twenty is hereby amended by strik- 
ing out section one and inserting in place thereof the fol- 
lowing section : — Section 1 . There shall be established in 
the city of Maiden a board to be known as the board of 
appeal, three members of which shall be the inspector of 
buildings, the chairman of the assessors of taxes and the 
fire chief or a deputy fire chief, as designated by the fire 
commissioner, ex officiis, and two shall be appointed by the 
mayor subject to confirmation by the board of aldermen. 

One of the members appointed by the mayor shall be a 
practical builder or architect and one shall be a lawyer. 
The term of ofl^ice of the members so appointed shall be 
three years, except that the term of one of said initial ap- 
pointees shall expire on the first day of March, nineteen 
hundred and twenty-two, and the term of office of the other 
initial appointee shall expire on the first day of March, nine- 
teen hundred and twenty-three. The mayor may remove 



Acts, 1941. — Chaps. 362, 363. 311 

any member by him appointed, with the consent of the board 
of aldermen, and may fill all vacancies. The members ap- 
pointed by the mayor shall each receive as compensation 
for his services the sum of ten dollars a day for each day of 
actual service; provided, that no member shall receive more 
than two hundred dollars in any one year. 

The members of said board shall be residents of the city 
of Maiden. No member shall act in any case in which he 
is interested, and in case any member is so disquahfied or is 
absent from illness or other cause the remaining members 
shall designate a substitute. Every decision of the board 
shall be in writing and shall require the assent of at least 
three members. The inspector of buildings shall be chair- 
man of the board, but shall have no vote except in case of 
a tie. 

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

Approved June 5, KfJ . 

An Act authorizing the city of malden to vote on the C}iav.ZQ2 

QUESTION OF ADOPTING A PLAN B FORM OF CITY CHARTER 
AT ITS REGULAR MUNICIPAL ELECTION IN THE CURRENT 
YEAR. 

Be it enacted, etc., as follows: 

Section 1. The question of the adoption by the city of 
Maiden of a Plan B form of city charter under the provisions 
of chapter forty-three of the General Laws, as amended, 
may be submitted to the voters of' said city at its regular 
municipal election in November of the current year, not- 
withstanding the requirement of section nine of said chapter 
forty- three that such question be submitted to the voters 
of a city at a biennial state election; provided, that the other 
provisions of said chapter forty-three prerequisite to the 
submission to the voters of such question shall have been 
complied with. 

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

Approved June 5, 1941. 

An Act providing that declarations of deceased (7/ia7).363 

PERSONS SHALL NOT BE INADMISSIBLE IN EVIDENCE AS 
PRIVATE CONVERSATIONS BETWEEN HUSBAND AND WIFE 
IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-five of chapter two hundred g^l. ^Ter.^ ^^^ 
and thirty-three of the General Laws, as appearing in the amended.' 
Tercentenary Edition, is hereby amended by inserting after 
the word "hearsay" in the second line the words: — or as 
private conversation between husband and wife, as the 
case may be, — so as to read as follows: — Section 65. A °f^jj^^fg'°j'^ 
declaration of a deceased person shall not be inadmissible in persons. 
evidence as hearsay or as private conversation between 



312 



Acts, 1941. — Chap. 364. 



Effective 
date. 



husband and wife, as the case may" be, if the court finds 
that it was made in good faith before the commencement 
of the action and upon the personal knowledge of the de- 
clarant. 

Section 2. This act shall take effect on October first 
in the current year. Approved June 5, 1941. 



Chap.S64: An Act authorizing the merger or consolidation op 

INSURANCE COMPANIES. 



G. L. (Ter. 
Ed.), 175, 
I 19A, etc., 
amended. 



Merger. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of 
the General Laws is hereby amended by striking out section 
nineteen A, as amended by section two of chapter one hun- 
dred and thirty-seven of the acts of nineteen hundred and 
thirty-four, -and inserting in place thereof the following sec- 
tion: — Section 19 A. Two or more domestic companies 
may merge or consolidate into one corporation, or a domes- 
tic company may merge or consolidate with any company 
or companies organized under the laws of any state of the 
United States into one corporation, which shall be a domes- 
tic corporation. The resulting corporation may be a con- 
tinuing corporation under the name of one or more of the 
merged or consolidated corporations or a new corporation 
whose title shall be subject to the provisions of section forty- 
nine. Companies merging or consolidating under this sec- 
tion shall enter into a written agreement for such merger 
or consolidation prescribing its terms and conditions, the 
classes of business it proposes to transact subject to sections 
forty-eight, forty-eight A, fifty-one and fifty-four, the amount 
of the capital stock, if any, of the continuing corporation or 
of the new corporation, which shall not be a larger amount 
than the aggregate amount of the capital stock of the merged 
or consolidated companies nor less than the minimum amount 
specified in said sections forty-eight and fifty-one, and the 
number of shares into which said capital stock is to be di- 
vided. In all respects, the continuing corporation or the 
new corporation shall be subject to the provisions of this 
chapter, except as otherwise expressly provided in this sec- 
tion. Such agreement shall be assented to by a vote of the 
majority of the board of directors of each company and 
approved by the votes of the stockholders, if any, owning 
at least two thirds of the stock of each company at a meet- 
ing called for the purpose, notice of which meeting shall be 
given in accordance with law, and also published at least 
once a week for three successive weeks in some newspaper 
printed in the commonwealth, and if any of the merging or 
consolidating companies are domiciled outside of the com- 
monwealth at least once a week for three successive weeks in 
some newspaper printed in the town where such company has 
its principal office, or, if there are no stockholders, such 
agreement shall be assented to by a vote of the majority of 



Acts, 1941. — Chap. 364. 313 

the board of directors of each company and approved by 
the votes of at least two thirds of such pohcyholders of each 
company as are present and voting at a special meeting 
called for the purpose, notice of which meeting shall be given 
as hereinbefore provided. Such agreement shall be subject 
to the written approval of the commissioner, shall be exe- 
cuted in duplicate by the president and secretary and by a 
majority of the board of directors of each company under 
its corporate seal, shall be accompanied by copies of the 
resolutions authorizing the merger or consolidation and the 
execution of Uie agreement attested by the recording officer 
of each company and shall, with the records of the com- 
panies pertaining thereto, be submitted to the commissioner. 
If it appears that the requirements of this section have 
been complied with, the commissioner may so certify and 
approve the agreement by his endorsement thereon. One 
of the duplicates of such agreement shall thereupon be filed 
with the state secretary, who shall cause the same to be 
recorded and shall issue a certificate of reincorporation to 
the continuing corporation or the new company with the 
powers retained and specified in the agreement, and the 
other duplicate shall be retained by the commissioner. No 
such agreement shall take effect until it has been filed in the 
office of the state secretary as aforesaid. The continuing 
corporation or the new company may require the return of 
the original certificates of stock held by each stockholder 
in each of the companies merged or consolidated and issue 
in lieu thereof new certificates for such number of shares 
of its own stock as the stockholder may be entitled to re- 
ceive. Upon such merger or consolidation all rights and 
properties of the several companies shall accrue to and 
become the property of the continuing corporation or the 
new company which shall succeed to all the obligations and 
liabilities of the merged or consolidated companies, in the 
same manner as if they had been incurred or contracted 
by it. The stockholders or policyholders of the merged or 
consolidated companies shall continue to be subject to all 
the liabilities, claims and demands existing against them at 
or before such merger or consolidation. No action or pro- 
ceeding pending at the time of the merger or consolidation 
in which any or all of the companies merged or consolidated 
may be a party shall abate or be discontinued by reason 
of the merger or consolidation, but the same may be prose- 
cuted to final judgment in the same manner as if the merger 
or consolidation had not taken place, or the continuing cor- 
poration or the new company may be substituted in place of . 
any company so merged or consolidated by order of the 
court in w^hich the action or proceeding may be pending. 
Nothing in this section shall authorize the merger or con- 
solidation of stock companies with mutual companies. 

Section 2. Said chapter one hundred and seventy-five g. l. (Ter. 
IS hereby further amended by striking out section nineteen § {qb. etc., 
B, inserted by chapter three hundred and seventy-five of amended. 



314 



Acts, 1941. — Chap. 364. 



Merger of 
domestic and 
foreign cor- 
poration. 



the acts of nineteen hundred and thirty-nine, and inserting 
in place thereof the following section: — Section 19B. A 
domestic company, or two or more domestic companies 
transacting the same class or classes of business or together 
transacting one or- more classes of business for the transaction 
of which a domestic company may be formed under section 
forty-eight or forty-eight A, may merge under the laws of 
any state of the United States, other than this common- 
wealth, into a foreign company incorporated under the 
laws of such state and duly authorized to transact in the 
commonwealth the same class or classes of business as such 
domestic company or companies, or may consolidate under 
the laws of any such state with one or more foreign com- 
panies duly authorized as aforesaid which are incorporated, 
or any one of which is incorporated, under the laws of such 
state, and form a continuing corporation or a new corpora- 
tion under such laws which shall not transact business in the 
commonwealth until it shall have complied with the provi- 
sions of this chapter relative to the admission and authoriza- 
tion of foreign companies. Nothing in this section shall 
authorize the merger or the consolidation of stock companies 
with mutual companies. 

No such merger or consolidation shall be made unless it 
is evidenced by a written agreement assented to by a vote 
of the majority of the board of directors of each domestic 
company participating in such merger or consolidation and, 
if such domestic company is a stock company, approved 
by the votes of the stockholders owning at least two thirds 
of the capital stock of such company at a special meeting 
called for the purpose and, if it is a mutual company, ap- 
proved by the votes of at least two thirds of such policy- 
holders as are present and voting at a special meeting called 
as aforesaid. Notice of any such meeting shall be given in 
accordance with law and shall also be published at least 
once a week for three successive weeks in such newspaper or 
newspapers printed in the commonwealth and in such form 
as the commissioner shall direct. 

No such agreement shall be made by any domestic com- 
pany until a copy thereof, and such other information as 
the commissioner may require, has been filed with him, nor 
until it has received from the commissioner a written au- 
thorization, in such form as he may prescribe, authorizing 
it to merge or consolidate and to execute such agreement. 
The commissioner may, in his discretion, refuse to issue 
such an authorization in any case, and his decision shall be 
final. 

The secretary of any such domestic company shall forth- 
with upon the execution of such agreement file with the 
commissioner, in such form as he may require, documentary 
evidence thereof, showing the effective date when the merger 
or the consolidation shall become effective. If the com- 
missioner finds that such agreement has been executed in 



Acts, 1941. — Chap. 365. 315 

accordance with his authorization, he shall file forthwith in 
the office of the state secretary a certificate setting forth the 
fact, including said effective date, and the corporate existence 
of such company shall cease and determine on said effective 
date. 

The stockholders or the policyholders of any domestic 
company so merging or consolidating shall continue to be 
subject to all the habilities, claims and demands existing 
against them at or before such merger or consolidation. 
No action or proceeding pending in any court of the com- 
monwealth at the time of the merger or consolidation in 
which any such domestic company may be a party shall 
abate or be discontinued by reason of the merger or the 
consolidation, but may be prosecuted to final judgment in 
the same manner as if the merger or the consolidation had 
not taken place, or the continuing, surviving or resulting 
company may be substituted in place of any such domestic 
company by order of the court in which the action or pro- 
ceeding is pending. 

Section 3. Said chapter one hundred and seventy-five g. l. (Xer. 
is hereby further amended by inserting after section nineteen ^cUon^wc,^'' 
B, as so inserted, the following new section: — Section 19C. added. 
If any stockholder of either of the corporations merging or Rights of 

\. , .. 1 ii ii -i J* i- -A A stockholders. 

consolidatmg under the authority of section nineteen A or 
nineteen B does not vote in favor of the proposed merger 
or consolidation, he shall have, and may exercise, the rights 
given to a stockholder of a business corporation under sec- 
tion forty-six of chapter one hundred and fifty-six. 

Approved June 6, 1941. 

An Act relative to the election of directors of cer- (Jfiar> 365 
tain mutual insurance companies having a guar- 
anty capital. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-seven of chapter one hun- g. l. (Xer. 
dred and seventy-five of the General Laws, as appearing fmendVd^.' ^ ^^' 
in the Tercentenary Edition, is hereby amended by striking Election of 
out, in the eighth line, the word "stockholders" and insert- directors. 
ing in place thereof the words : — shareholders and one half 
from the policyholders who are not shareholders, — so that 
the first paragraph will read as follows: — Every such com- 
pany shall elect by ballot a board of directors as provided 
in and subject to section fifty-seven, except that it shall 
consist of not less than seven members and that five shall 
constitute a quorum. After the first election members only 
shall be eligible, but no director shall be disqualified from 
serving the term for which he was elected by reason of the 
termination of his policy. Such companies having a guar- 
anty capital shall choose one half of the directors from the 
shareholders and one half from the policyholders who are 
not shareholders. 



316 



Acts, 1941. — Chap. 366. 



Effect of 
act limited. 



Section 2. Nothing in this act shall be construed to 
affect or terminate the term of office of any director of any 
mutual insurance company referred to in the first para- 
graph of section seventy-seven of chapter one hundred and 
seventy-five of the General Laws, as amended by section 
one of this act, who was chosen under authority of the first 
paragraph of said section seventy-seven as in force prior to 
the effective date of this act. Approved June 10, 1941 ■ 



G. L. (Ter. 
Ed.), 38, § 7, 
amended. 



Reports to 
district attor- 
ney, court and 
department of 
industrial 
accidents in 
certain cases. 



C/iap. 366 ^^ -^^'^ REQUIRING MEDICAL EXAMINERS TO NOTIFY THE 
DEPARTMENT OF INDUSTRIAL ACCIDENTS OF DEATH IN CER- 
TAIN CASES. 

Be it enacted, etc., as follows: 

Section seven of chapter thirty-eight of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by striking out, in the seventeenth line, the words "the pre- 
ceding section" and inserting in place thereof the words: — 
section six, — and by inserting after the word "died" in the 
nineteenth line the following : — , and to the department of 
industrial accidents in cases where death, in his opinion, 
was caused by or related to the occupation of the deceased, 
— so as to read as follows : — Section 7. He shall forthwith 
file with the district attorney for his district a report of each 
autopsy and view and of his personal inquiries, with a cer- 
tificate that, in his judgment, the manner and cause of death 
could not be ascertained by view and inquiry and that an 
autopsy was necessary. The district attorney, if he concurs, 
shall so certify to the commissioners of the county where 
the same was held, or in Suffolk county, to the auditor of 
Boston. If upon such view, personal inquiry or autopsy, 
the medical examiner is of opinion that the death may have 
been caused by the act or negligence of another, he shall at 
once notify the district attorney and a justice of a district 
court or trial justice within whose jurisdiction the body was 
found, if the place where found and the place of the said 
act or negligence are within the same county, or if the latter 
place is unknown; otherwise, the district attorney and such 
a justice within whose district or jurisdiction the said act 
or neghgence occurred. He shall also file with the district 
attorney thus notified, and with the justice or in his court, 
an attested copy of the record of the autopsy made as pro- 
vided in section six. He shall in all cases certify to the town 
clerk or registrar in the place where the deceased died, and 
to the department of industrial accidents in cases where 
death, in his opinion, was caused by or related to the occu- 
pation of the deceased, his name and residence, if known; 
otherwise a description as full as may be, with the cause 
and manner of death. Approved June 10, 1941. 



Acts, 1941. — Chaps. 367, 368. 317 

An Act relative to the number of town meeting (Jhav 367 

MEMBERS IN THE TOWN OF SAUGUS. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter fiftj-five of the acts 
of nineteen hundred and twentj'-eight is hereby amended by 
striking out the first sentence and inserting in place thereof 
the following sentence : — Other than the officers designated 
in section three as town meeting members ex officiis, the 
representative town meeting membership shall in each 
precinct consist of the largest number divisible by three 
which will admit of a representation thereof in the approxi- 
mate proportion which the number of registered voters 
therein bears to the total number of registered voters in the 
town, and which will cause the total town meeting member- 
ship to be as nearly two hundred and forty as may be. 

Section 2. This act shall take effect for the purpose of 
the nomination and election of town meeting members of 
the town of Saugus to be elected following the next revision 
of the precincts of said town under authority of section two 
of chapter fifty-five of the acts of nineteen hundred and 
twenty-eight, but shall not be construed to affect or to ter- 
minate the term of office of any elected town meeting mem- 
ber of said town prior to the qualification of the town meeting 
members of said town elected at the annual town meeting 
of said town held next after such revision. 

Approved June 10, 1941. 

An Act relative to annual vacations for certain em- Chav.^^^ 
ployees of certain cities and towns. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended ej^'^|"^| ^ 
by striking out section one hundred and eleven, as most re- etc!, 'amended. ' 
cently amended by chapter fifteen of the acts of nineteen 
hundred and thirty-seven, and inserting in place thereof the 
following section: — Section 111. In anj^ city or town which Annual 
has accepted chapter two hundred and seventeen of the acts ^^'^''*^'°'^^- 
of nineteen hundred and fourteen or has accepted this sec- 
tion in any form, or which accepts this section in the man- 
ner hereinafter provided, or has accepted earlier provisions 
of this section, all permanent civil service employees as well 
as persons classified as common laborers, skilled laborers, 
mechanics or craftsmen, regularly employed by such city or 
town, shall be granted an annual vacation of not less than 
two weeks without loss of pa}^ ■ Such vacations shall be 
granted by the heads of the respective departments of the 
city or town at such time as in their opinion will cause the 
least interference with the performance of the regular work 
of the city or town. A person shall be deemed to be regu- 
larly employed, within the meaning of this section, if he has 
actually worked for the city or town for thirty-two .weeks in 



318 Acts, 1941.— Chap. 369. 

J 

the aggregate during the preceding calendar year. '^ Any oflfi- 
cial of a city or town whose duty it is to grant a vacation as 
provided by this section who wilfully refuses to grant the 
same shall be punished by a fine of not more than one hun- 
dred dollars. The department of labor and industries shall 
enforce this section, and shall have all necessary powers 
therefor. 

If a petition requesting that the question of acceptance of 
this section be submitted to the registered voters of any city 
or town not already subject to this section, signed by regis- 
tered voters thereof equal in number to at least one per cent 
of the whole number of registered voters thereof, -is filed 
with the city or town clerk not less than sixty days before a 
biennial state election, said city or town clerk shall immedi- 
ately transmit said petition to the state secretary, who shall 
cause to be placed upon the official ballot to be used in said 
city or town at said state election the following question: 
"Shall section one hundred and eleven of chapter forty- 
one of the General Laws, providing for vacations for certain 
municipal employees, be accepted?" If a majority of the 
registered voters of such city or town voting thereon vote 
in the affirmative in answer to said question, said section 
shall be applicable in such city or town from and after the 
beginning of the next municipal year. 

Approved June 10, 194-1. 

Chap. 369 An Act providing for the acquisition by the city of 

BOSTON OF THE PROPERTY OF THE DEDHAM AND HYDE 
PARK GAS AND ELECTRIC LIGHT COMPANY LOCATED WITHIN 
SAID CITY AND THE LEASE THEREOF TO THE BOSTON CON- 
SOLIDATED GAS COMPANY. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Boston, hereinafter referred to 
as the city, acting through its public works department, and 
without other authority than that contained in this act, may 
at any time before January first, nineteen hundred and 
forty-three, purchase or take by eminent domain the prop- 
erty of the Dedham and Hyde Park Gas and Electric Light 
Company located within said city. 

Section 2. The taking or takings by eminent domain 
authorized herein shall be made and damages therefor de- 
termined and paid under and in accordance with chapter 
seventy-nine of the General Laws. The city, acting by its 
transit department, with the approval of the mayor, may 
make payment for damages for all property taken under 
authority of this act out of the proceeds of bonds issued by 
the city under authority of section six, but if the amount of 
the proceeds available from such bonds is insufficient to pay 
the full amount of such damages the city shall nevertheless 
be liable for such damages, irrespective of any legal limit of 
indebtedness previously provided by law. 



Acts, 1941. — Chap. 369. 319 

Section 3. Before acquiring any property under author- 
ity of this act, said pubUc works department, in the name 
and on behalf of the city, shall execute a contract in writing 
with the Boston Consolidated Gas Company, hereinafter 
called the company, upon such terms and conditions, not 
inconsistent with the provisions of this act, as said public 
works department and the board of directors of the com- 
pany may agree upon, for the use by the company of the 
property proposed to be acquired, for such term as may be 
agreed upon by said public works department and the com- 
pany. The company shall pay for the use of the premises a 
rental at the rate of four and one half per cent per annum 
upon the fair and reasonable value of the property as agreed 
upon by said public works department and the company, 
or, in case of difference, as determined by the department of 
public utilities. In case the company shall be kept out of 
possession or deprived of the use of the premises, or any 
part thereof, by any act on the part of the city or of any 
person or corporation claiming an adverse interest in said 
property, the rental or a just and reasonable part thereof 
as agreed upon by said public works department and the 
company, or, in case of difference, as determined by said 
department of public utilities, shall be suspended or abated 
during the time the company is so kept out of possession or 
deprived of the use of the property, or any part thereof. 
In case the city shall, during the term of such contract for 
use, reimburse the company for capital expenditures upon 
the property as provided in section four, the amount of such 
reimbursement shall be added to the fair and reasonable 
value of the property for the purpose of determining the 
rental thereafter payable by the company for the use of the 
property. 

Section 4. Said contract for use shall require the return 
of the property to the city at the termination of said use in 
as good order and condition as at the beginning, and shall 
provide that the company may from time to time make 
such alterations, replacements, additions and improvements 
in and to the property as the company shall deem to be 
necessary or advisable to put the property in good operat- 
ing condition; provided, that no such alterations, replace- 
ments, additions or improvements shall be made, except in 
case of emergency, without the written consent of said pub- 
lic works department or a certificate from said department 
of public utiUties that the proposed work is reasonably nec- 
essary or advisable to put the property in good operating 
condition. In case of ai;y such alteration, replacement, addi- 
tion or improvement, said department of public utilities shall 
on application of the company determine what proportion 
thereof, if any, constitutes a proper charge against capital, 
and the city shall thereupon pay the same to the company. 
If the city shall not make said payments when due, the 
company shall be entitled to deduct the amount thereof. 



320 Acts, 1941. — Chap. 369. 

with interest, from any rental subsequently payable to the 
city for the use of the property. 

Section 5. There shall be made, as of the date when 
the use of the property by the company begins and as of 
the date when the use terminates, a fuU and complete in- 
ventory, description and valuation of the property by a 
board of three persons, one appointed by said public works 
department, one by the company, and the third chosen by 
the two so appointed or, in case of their failure to agree 
upon a third person, by the governor. In case the valuation 
so made as of the date when the use begins, plus all capital 
improvements and betterments for which the company has 
been reimbursed by the city, shall exceed the valuation at 
the termination of the use, the company shall pay over to 
the city an amount equal to such excess, and in case such 
valuation as of the date when the use begins, plus all capital 
improvements and betterments for which the company has 
been reimbursed by the city, is less than the amount of the 
valuation at the termination of the use, the city shall pay 
over to the company an amount equal to such deficit. 

Section 6. The treasurer of the city shall from time 
to time, on request of the transit department, and without 
further authorization than herein contained, issue and sell 
at public or private sale the bonds of the city, registered or 
with interest coupons attached, as he may deem best, to an 
amount not exceeding, in the aggregate, the cost of carrying 
out the provisions of this act. Such bonds shall bear on 
their face the words, Hyde Park Gas Loan, shall be for such 
terms, not exceeding forty-five years, as the mayor and 
treasurer of the city may determine; and shall bear interest, 
payable semi-annually, at such rate as the treasurer shall 
determine. The proceeds of such bonds, including any pre- 
mium realized from the sale thereof, shall be used to meet 
all damages, cost and expenses incurred by said public works 
department or by the city in carrying out the provisions of 
this act. The board of commissioners of sinking funds of the 
city shall establish a sinking fund for the payment of the 
bonds issued under authority of this act. The proceeds from 
any sale or sales of property taken, or acquired by purchase 
or otherwise, under authority of this act shall be used for 
the same purpose as the rental of said property or shall be 
used for the payment of expenditures incurred for the acqui- 
sition of said property, as said public works department 
may determine. All rentals, tolls, percentages or other 
compensation received by the city under the provisions of 
this act shall annually be used by the treasurer of the city, 
first, to meet the requirements of any deficiency in said 
sinking fund; second, to meet the interest on said bonds; 
and the surplus, if any, as a part of the general revenue of 
the city. The city shall have, hold and enjoy in its private 
or proprietary capacity, as and for its own property, the 
property acquired by it under the provisions of this act, 
and all rents, tolls, income and profits from all contracts en- 



Acts, 1941. — Chap. 370. 321 

tered into by it for the use of said property or any part 
thereof, and the same shall never be taken by the common- 
wealth except on payment of just compensation. 

Debts incurred by the city for the purposes of this act 
shall not be considered in determining the statutory limit 
of indebtedness of the city. 

Section 7. In respect to the use and operation of the 
property, the company shall have all the powers and privi- 
leges and be subject to all the duties, liabilities, restrictions 
and provisions set forth in general and special laws now or 
hereafter in force applicable to it. 

Section 8. The contract for the use of the property exe- 
cuted in accordance with the authority conferred by this act 
shall not in any respect impair any right which the common- 
wealth or the city or any other licensee of the common- 
wealth may at any time have to take the properties of the 
company. In the event of such taking, the compensation 
to be paid to the company shall not be enhanced by reason 
of such contract, nor shall it be diminished because of the 
fact that without it properties might be cut off. 

Section 9. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the city of Boston, 
approved by the mayor, and the filing of a certificate evi- 
dencing such acceptance with the state secretary, but not 
otherwise. 

Section 10. Chapter two hundred and ninety-two of the 
acts of nineteen hundred and thirty-seven, as amended, is 
hereby repealed. Approved June 10, 1941. 



An Act relative to nomination papers for elective Chap. S70 

MUNICIPAL OFFICES IN THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section three of chap- 
ter six hundred and eight of the acts of nineteen hundred 
and thirteen, as amended by section one of chapter two 
hundred and thirty-six of the acts of nineteen hundred and 
thirty-eight, is hereby further amended by striking out, in 
the fifth line, the word "fifth" and inserting in place thereof 
the word : — sixth, — so as to read as follows : — Any reg- 
istered voter in the city may be nominated for any munici- 
pal elective office, and his name as such candidate shall be 
printed on the official ballot to be used at the municipal 
election ; provided, that at or before five o'clock in the after- 
noon of the sixth Tuesday prior to the election, nomination 
papers prepared and issued by the city clerk and signed by 
at least one hundred and fifty registered voters of the city 
qualified to vote for such candidate at said election, shall 
be submitted to the board of registrars of voters, and the 
signatures on the same to the 'number required to make a 
nomination are subsequently certified by said registrars as 
hereinafter provided, except that the number of signatures 



322 Acts, 1941. — Chap. 371. 

necessary to nominate a candidate for alderman by wards 
and for school committee by wards shall be fifty. Nomina- 
tion papers shall be in substantially the following form : — 

Section 2. Section five of said chapter six hundred and 
eight, as amended by section two of said chapter two hun- 
dred and thirty-six, is hereby further amended by striking 
out, in the thirteenth and sixteenth lines, the word "third" 
and inserting in place thereof, in each instance, the word: 
— fourth, — so as to read as follows: — Section 5. After the 
said nomination papers have been submitted, the board of 
registrars of voters shall certify thereon the number of sig- 
natures which are the names of registered voters in the city 
qualified to sign the same. They need not certify a greater 
number of names than is required to make a nomination, 
with one fifth of such number added thereto. All such 
papers found not to contain a number of names so certified 
equivalent to the number required to make a nomination 
shall be invalid, and such papers shall be preserved by the 
board of registrars of voters for one year. The board of 
registrars of voters shall complete their certification on or 
before five o'clock in the afternoon on the fourth Tuesday 
preceding the city election, and said board, or some member 
thereof, shall file with the city clerk on or before five o'clock 
in the afternoon on the fourth Wednesday preceding the 
city election all papers submitted and certified to by them, 
with the exception of papers found to be invalid. The cer- 
tification shall not preclude any voter from filing objections 
as to the validity of the nomination. 

Section 3. In the event of the acceptance by the city 
of Holyoke of section one hundred and three A of chapter 
fifty-four of the General Laws, as amended, the provisions 
of said chapter six hundred and eight of the acts of nineteen 
hundred and thirteen, as most recently amended by sections 
one and two of this act, relating to the submitting to and 
certification by the registrars of voters of nomination papers 
and the filing thereof with the city clerk, shall continue to 
apply in said city, notwithstanding the provisions of any 
general law to the contrary. 

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

Approved June 11, 191^1. 

Chap. S71 -^^ -^^'^ AUTHORIZING FRANKLIN COUNTY TO BORROW MONEY 
FOR THE PURPOSE OF PAYING SAID COUNTY's SHARE OF 
THE COST OF CONSTRUCTING THE MONTAGUE CITY BRIDGE, 
SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of meeting Franklin county's 
share of the cost of constructing the Montague City bridge, 
so called, the county treasurer of said county, with the 
approval of the county commissioners thereof, may, within 
five years from the passage of this act, borrow from time 
to time a sum or sums not exceeding, in the aggregate, 



Acts, 1941. — Chaps. 372, 373. 323 

thirty thousand dollars, and may issue bonds or notes of the 
county therefor, which shall bear on their face the words, 
Franklin County, Montague City Bridge Loan, Act of 1941. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than five years from 
their dates. Such bonds or notes shall be signed by the 
treasurer of the county and countersigned by a majority of 
the county commissioners. The county may sell said securi- 
ties at public or private sale upon such terms and conditions 
as the county commissioners may deem proper, but not for 
less than their par value. Indebtedness incurred hereunder 
shall, except as herein provided, be subject to chapter thirty- 
five of the General Laws. 

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

Approved June 11, 1941. 

An Act authorizing the town of braintree to borrow QJidj) 372 

MONEY FOR HIGH SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Braintree is hereby authorized 
to borrow the sum of two hundred and forty thousand dol- 
lars and to issue bonds and notes of the town therefor, for 
the purposes of constructing and furnishing an addition to 
the Braintree high school, substantially in accordance with a 
plan on file with the school committee of said town and known 
as Plan 3, and of renovating the present building, under 
the provisions of a vote adopted by the town meeting on 
March thirty-first, nineteen hundred and fortj^-one, under 
article forty-six in the warrant for the annual town meeting 
of said town, and such authorization shall be fully effective, 
notwithstanding that the warrant for said meeting was 
served prior to the passage of this act. 

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

Approved June 12, 1941 ■ 

An Act amending the "zoning law", so-called, of the fhnr) ^7^ 
city of boston. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and eighty-eight of the 
acts of nineteen hundred and twenty-four is hereby amended 
by striking out section one, as most recently amended by sec- 
tion one of chapter three hundred and forty-seven of the acts 
of nineteen hundred and thirty, and inserting in place thereof 
the following : — Section 1 . For the purpose of this act, cer- 
tain words and terms used herein are hereinafter defined; 
words not defined herein shall be construed as defined or used 
in chapter four hundred and seventy-nine of the acts of nine- 
teen hundred and thirty-eight, acts in amendment thereof 
and in addition thereto, and ordinances of the city of Boston 



324 Acts, 1941. — Chap. 373. 

in amendment thereof, being the building code of the city 
of Boston, hereinafter referred to as the aforesaid building 
code or, if not defined or used therein, as in the regulations 
of the department of public safety. 

Dwelling: Any house or building, or portion thereof, ex- 
cept a hotel, which is occupied in whole or in part as the 
home or residence of one or more persons, either permanently 
or transiently. 

Lot: Land occupied or to be occupied by a building and 
its accessory buildings, and including the open spaces re- 
quired under this act. Two or more buildings other than 
accessory buildings upon a single parcel of land shall be 
deemed to occupy separate lots. In a multiple residence 
district the word "lot" shall mean an entire tract held un- 
der single ownership, developed or to be developed, for 
multiple-family use. 

Lot, Depth of: The distance between the front and rear 
legal boundary lines, including any areas required to be left 
open by law, ordinance or regulation. 

Semi-detached building: A building that is joined on one 
side to another building separated by a party wall which, 
for a dwelling in a thirty-five foot district, has no means of 
access between the two buildings. 

Pair of semi-detached buildings: Two buildings separated 
by a party wall, which, for dwellings in a thirty-five foot 
district, have no means of access between the two buildings. 

Set-back: The minimum horizontal distance between the 
street line and the front line of the building, excluding steps, 
uncovered porches and covered but unenclosed entrance 
porches on the first story which do not exceed a total area 
of fifty square feet. 

Story, Half: A story which is situated in a sloping roof, 
the area of which at a height four feet above the floor does 
not exceed two thirds of the floor area of the story immedi- 
ately below it and which does not contain an independent 
apartment. A half story shall not be counted as a story for 
the purpose of determining yard dimensions. 

Yard, Rear: A space on the same lot with a building, 
between the extreme rear line of said building and the rear 
line of the lot and open and unoccupied except by an un- 
enclosed porch not exceeding sixty square feet in area. 

Yard, Side: An open, unoccupied space on the same lot 
with a building extending for the full length of the building 
between the building and the side line of the lot. 

Section 2. Said chapter four hundred and eighty-eight 
is hereby further amended by striking out section two and 
inserting in place thereof the following: — Section 2. In 
order to regulate and restrict the location of trades, indus- 
tries and other uses, and the location of buildings designed, 
erected, altered or occupied for specified uses, the city of 
Boston is hereby or may hereafter be divided into the fol- 
lowing classes of use districts : 



Acts, 1941. — Chap. 373. 325 

Single Residence districts, 

Multiple Residence districts, 

General Residence districts, 

Local Business districts. 

General Business districts. 

Industrial districts, 

Unrestricted districts, 
as appearing on the zoning map prepared by the Boston 
city planning board, dated March fifteenth, nineteen hun- 
dred and twenty-four and filed, April twenty-eighth of 
said year, in the office of the state secretary, as amended by 
the substitution of a new sheet ten of said plan, filed with 
said office May eleventh, nineteen hundred and twenty- 
four, in place of sheet ten previously filed, and as amended 
from time to time by the board of zoning adjustment as 
hereinafter provided. 

Except as hereinafter provided no building shall be erected 
or altered nor shall any building or premises be used for any 
purpose other than a use permitted in the use district in 
which such building or premises is located. 

Section 3. Paragraph (3) of section three of said chap- 
ter four hundred and eighty-eight is hereby amended by 
inserting after the word "hospital" in the second line the 
words : — , home for aged, convalescent home, — so that 
said paragraph will read as follows : — 

(3) Educational, religious, philanthropic or other insti- 
tutional uses, provided that in the case of a hospital, home 
for aged, convalescent home, sanitarium, correctional in- 
stitution or similar use the health commissioner of Boston 
and building commissioner of Boston approve the location 
as not detrimental or injurious to the residential character of 
the neighborhood after public notice and hearing; 

Section 4. Paragraph (8) of said section three of said 
chapter four hundred and eighty-eight is hereby amended 
by inserting after clause (c) the following new clause : — 

(d) Gravel, loam, sand or stone removal except in con- 
nection with the erection of a building or for reuse on the 
same premises. 

Section 5. Said chapter four hundred and eighty-eight 
is hereby further amended by inserting after section three 
the following new section: — Section 3 A. Multiple Resi- 
dence Districts: In a multiple residence district no building 
or premises shall be erected, altered or used except for one 
or more of the following uses : 

(1) Any use permitted in a single residence district, 

(2) Multiple family dwellings, 

(3) Accessory uses customarily incident to any of the 
above uses. The term "accessory use" shall be construed 
as in section three. 

No multiple residence district shall have, at the time 
when it is established, an area of less than ten acres in private 
ownership. 



326 Acts, 1941. — Chap. 373. 

Section 6. Section seven of said chapter four hundred 
and eighty-eight is hereby amended by inserting after para- 
graph (39) the following new paragraph : — 

(39A) Dwelling, provided that a dwelling for not more 
than two families may be erected, altered and used in any 
part of an industrial district which is within one hundred 
and fifty feet of a residence district. 

Section 7. Said chapter four hundred and eighty-eight 
is hereby further amended by striking out section eight and 
inserting in place thereof the following : — Section 8. In a 
district classified under section two as an unrestricted dis- 
trict, no building or premises shall be erected, altered or 
used for a dwelling. 

Section 8. Section nine of said chapter four hundred 
and eighty-eight, as amended by section three of chapter 
one hundred and forty-three of the acts of nineteen hundred 
and thirty-two, is hereby further amended by striking out 
the first two paragraphs and inserting in place thereof the 
following paragraphs : — No use of a building or premises, 
or part thereof, which does not conform to the provisions 
of sections one to nine, inclusive, of this act, shall be con- 
tinued after April one, nineteen hundred and sixty-one. 
No non-conforming building, structure or premises shall 
be devoted to a non-conforming use after failure to use or 
occupy such building, structure or premises for such use for 
a period of one year, provided that the building commissioner 
may, after public hearing, grant a permit for resumption 
of a non-conforming use which has been discontinued for 
more than one year where such use will not be detrimental 
or injurious to the character of the neighborhood. In the 
case of a building or part thereof designed and intended for 
a non-conforming use, such use in a part thereof may be 
extended throughout the building or part thereof so de- 
signed and intended or changed to any use permitted in a 
district where such non-conforming use would be permitted 
and not more detrimental or injurious to the neighborhood, 
provided no alterations are hereafter made therein, except 
those required by law, ordinance or regulation. 

Subject to the provisions of the first paragraph of this 
section, the building commissioner may grant a permit for 
the erection of additional buildings or for the enlargement 
or alteration of existing buildings on the same or an adjacent 
parcel of land, each in the same single or joint ownership of 
record at the time it is placed in a use district, for the ex- 
pansion of a trade, business, industry or other use prohibited 
in such district where such enlargement or alteration will 
not be detrimental or injurious to the character of the 
neighborhood. 

Section 9. The first paragraph of section ten of said 
chapter four hundred and eighty-eight is hereby amended 
by adding at the end the words : — , and as amended from 
time to time by the board of zoning adjustment as herein- 
after provided, — so that said paragraph will read as fol- 



Acts, 1941. — Chap. 373. 327 

lows : — In order to regulate and limit the height and bulk 
of buildings, the area of yards and other open spaces and 
the percentage of lot occupancy, the city of Boston is hereby 
divided into the following classes of bulk districts: 

Thirty-five foot districts, 

Forty foot districts, 

Sixty-five foot districts. 

Eighty foot districts, 

One hundred and fifty-five foot districts, 
as appearing on the zoning map prepared by the Boston 
city planning board, dated March fifteenth, nineteen hun- 
dred and twenty-four and filed, April twenty-eighth of said 
year, in the office of the state secretary, as amended by the 
substitution of a new sheet ten of said plan, filed with said 
office May eleventh, nineteen hundred and twenty-four, in 
place of sheet ten previously filed, and as amended from 
time to time by the board of zoning adjustment as herein- 
after provided. 

Section 10. Said chapter four hundred and eighty-eight 
is hereby further amended by striking out section eleven, 
as most recently amended by sections one and two of chap- 
ter one hundred and eighty of the acts of nineteen hundred 
and thirty-one, and inserting in place thereof the following: 
— Section 11. In a thirty-five foot district: — 

Height and Occupancy: No building or structure shall 
exceed thirty-five feet or two and one half stories in height 
and except in a multiple residence district no building or 
structure used for habitation, whether consisting of a single 
building or a pair or group of semi-detached buildings or 
an attached group of buildings shall accommodate or make 
provision for more than two families. 

Rear Yards: There shall be behind every building other 
than an accessory building a rear yard extending across the 
entire width of the lot and having a minimum depth of 
twenty-five feet, provided that on lots not within a single or 
general residence district the depth may be reduced five feet. 

Side Yards: There shall be a side yard on each side of 
every building in a single residence district, and on each 
side of every building or pair of semi-detached buildings in 
a general residence district. The minimum width of any 
side yard provided in a thirty-five foot district shall be 
eight feet and the minimum width of any side yard provided 
in a single residence district shall be ten feet, provided that 
on no lot held under a separate and distinct ownership from 
adjacent lots and of record at the time it is placed in a 
thirt3^-five foot district shall the buildable width be reduced 
by this requirement to less than twenty-four feet. 

Courts: In a single or general residence district no win- 
dow required by the aforesaid building code shall open upon 
an outer court the depth of which exceeds its width or upon 
any inner court. 

Set-hack: In a single or general residence district no build- 
ing shall hereafter be erected or altered to be within thirty 



328 Acts, 1941. — Chap. 373. 

feet of the center of any street or within ten feet of any 
street Hne, provided, that on a lot abutting on two or more 
streets, one of which is more than twenty-four feet wide 
and one twenty-four feet wide or less, no set-back is hereby 
required on the street or streets twenty-four feet wide or 
less; provided, further, that on a lot between two buildings 
not more than sixty feet apart the set-back need not exceed 
the greater of the set-backs on such buildings; and pro- 
vided, further, that on a lot in a separate and distinct single 
or joint ownership of record at the time it is placed in a 
thirty-five foot district and less than one hundred feet deep, 
any set-back hereby established may be reduced one per 
cent for each foot that the depth of the lot is less than one 
hundred feet. 

Between the lines of streets intersecting at an angle of 
less than one hundred and thirty-five degrees and a line 
joining points on such lines twenty feet distant from their 
point of intersection no building or structure may be erected 
and no vegetation may be maintained above a height 
three and one half feet above the plane through their curb 
grades. 

Building Area: The area of a dwelling shall not exceed 
thirty-five per cent of the area of the lot. The area of a 
building other than a dwelling shall not exceed sixty per 
cent of the area of the lot. 

In a multiple residence district the area of all buildings 
and accessory buildings shall not exceed twenty-five per 
cent of the area of the lot including all portions thereof 
used for streets, alleys, parks or other permanently open 
spaces. 

Open Spaces in Multiple Residence Districts: In a multiple 
residence district no building or accessory building shall 
hereafter be erected or altered to be within twenty feet of 
any other building nor within twenty feet of any lot or street 
line. 

Lot Size: No building, except one story buildings of ac- 
cessory use, shall be erected in a single residence district on 
a lot containing less than six thousand square feet or less 
than sixty feet wide, the lot width to be measured through 
that part of the building to be erected where the lot is, nar- 
rowest; provided that one such building may be erected on 
any lot which is in a single or joint ownership on the first 
day of March, nineteen hundred and forty-one. 

Section 11. Section twelve of said chapter four hundred 
and eighty-eight, as most recently amended by section three 
of chapter one hundred and eighty of the acts of nineteen 
hundred and thirty-one, is hereby further amended by strik- 
ing out the fifth paragraph entitled "Courts", and inserting 
in place thereof the following paragraph : — 

Courts: In a single or general residence district no win- 
dow required by the aforesaid building code shall open upon 
any inner court, the length or width of which is less than 
its average height. 



Acts, 1941. — Chap. 373. 329 

Section 12. Said chapter four hundred and eighty- 
eight is hereby further amended by striking out section 
thirteen, as most recently amended by section four of chap- 
ter two hundred and four of the acts of nineteen hundred 
and thirty-three, and inserting in place thereof the follow- 
ing: — Section IS. In a sixty-five foot district: — 

Height: No building shall exceed sixty-five feet or six 
habitable stories in height. 

Rear Yards: Except as hereinafter provided there shall 
be in the rear of every building other than an. accessory 
building a rear yard extending across the entire width of 
the lot. The depth of said rear yard shall be measured from 
the extreme rear wall of the building to the rear line of the 
lot and at right angles to said lot line. If the rear line of 
the lot is not a straight line at right angles to the side lines 
of the lot the required yard shall have an area not less than 
the depth of the yard as hereinafter prescribed multiplied 
by the width of the lot at the rear of the building, and the 
building shall be so disposed at the rear as to have a yard 
having continuity with the yards of adjoining, lots as ap- 
proved by the building commissioner. The minimum depth 
of said rear yard shall be equal to ten feet less than the 
average depth of the yards of existing buildings other than 
accessory buildings abutting on the same street in the same 
block but shall not be less than fifteen feet. 

Rear Yards on Corner Lots: Upon a lot which abuts on 
two intersecting streets, alleys, parks or other permanently 
open spaces not less than fifteen feet wide the minimum 
depth of yard shall not be less than six feet except that 
where such corner lot is more than twenty-five feet in width 
the minimum depth of the rear yard for that portion in 
excess of such twenty-five feet shaU be not less than fifteen 
feet. 

Set-hack: On lots abutting on one side of a street between 
two intersecting streets in a sixty-five foot general residence 
district, and in any adjacent forty foot or thirty-five foot 
single or general residence district, no building shall here- 
after be erected or altered to be nearer the street line than 
the average set-back of existing buildings within such limits, 
subject to the following provisions: 

1. No set-back need exceed ten feet in any case. Any 
reduced set-back thus established shall be used in com- 
puting the average set-back. 

2. On a lot between two buildings not more than sixty 
feet apart the set-back need not exceed the greater of the 
set-backs of such buildings. Any set-back thus established 
shall be included in computing the average set-back. 

Building Area: The area of a dwelling shall not exceed 
seventy per cent of the area of the lot. The area of a build- 
ing other than a dwelling shall not exceed eighty per cent 
of the area of the lot. 

Section 13. Section fourteen of said chapter four hun- 
dred and eighty-eight, as amended by section eight of chap- 



330 Acts, 1941. — Chap. 373. 

ter two hundred and nineteen of the acts of nineteen hundred 
and twenty-five, is hereby further amended by striking out 
the second paragraph, entitled "Height", and inserting in 
place thereof the following two paragraphs : — 

Height: No building shall exceed eighty feet in height as 
construed in section two thousand and one of the aforesaid 
building code. 

Yards: In a single or general residence district and for 
dwellings in any use district all yards shall conform to the 
requirements prescribed for buildings in a sixty-five foot 
district. 

Section 14. Said chapter four hundred and eighty-eight 
^ is hereby further amended by striking out section fifteen, 

as amended by section two of chapter one hundred and 
thirty-seven of the acts of nineteen hundred and twenty- 
eight, and inserting in place thereof the following: — Sec- 
tion 15. In a one hundred and fifty-five foot district: — 

Height: No building or structure shall be so erected or 
altered that any part thereof shall be higher above the 
ground than two and one half times the shortest horizontal 
distance of that part from the further side of the street 
upon which it fronts; provided that, in case of a building 
at the intersection of two streets, within one hundred and 
fifty feet measured along the streets from the intersection 
of the nearer side lines thereof, the width of each street shall 
for the purpose of this section be taken as the width of the 
wider street. No building or structure shall be erected or 
altered to a greater height measured to the highest point of 
the roof thereof than one hundred and fifty-five feet except 
as provided in this paragraph. If a building or structure 
-shall be erected or altered to a greater height than one hun- 
dred and fifty-five feet every part of such building shall not 
be higher above the ground than one hundred and twenty-five 
feet plus two and one half times the shortest horizontal 
distance of that part from the nearest lot or street line. 
No building shall be erected or enlarged to contain a volume 
above the grade of the ground greater than the buildable 
area of the lot multiplied by one hundred and fifty-five feet. 

Section 15. Section sixteen of said chapter four hun- 
dred and eighty-eight, as most recently amended by section 
two of chapter two hundred and ten of the acts of nineteen 
hundred and thirty-four, is hereby further amended by 
striking out paragraph (3) and inserting in place thereof the 
following : — 

(3) Structures specified in and exempted from height 
limitation by section two thousand and one of the aforesaid 
building code may be erected above the height limit estab- 
lished by this act. 

No building shall be erected on a parkway, boulevard or 
public way on which a building fine or height limitation 
has been established by the board of park commissioners or 
by the board of street commissioners acting under any gen- 
eral or special statute or by the commonwealth or city to 



Acts, 1941. — Chap. 373. 331 

a greater height than that allowed by action of said agencies 
and no building upon land any owner of which has received 
and retained compensation in damages for any limitation 
of height or who retains any claim for such damages shall 
be erected to a height greater than that fixed by the limita- 
tion for which such damages were received or claimed. 

Section 16. Said section sixteen of said chapter four 
hundred and eighty-eight is hereby further amended by 
striking out paragraph (14), added by section five of chapter 
one hundred and eighty of the acts of nineteen hundred and 
thirty-one, and inserting in place thereof the following: — 

(14) Upon a lot which does not front upon a street, alley, 
park or other permanently open space not less than fifteen 
feet wide the requirements of this act as to rear yards shall 
apply to the front of any building as well as to the rear. 

Section 17. Said chapter four hundred and eighty-eight 
is hereby further amended by adding at the end of said sec- 
tion sixteen the following new paragraph : — 

(16) In a sixty-five foot district no yard shall be required 
behind a building upon a lot which abuts at the rear upon a 
railroad right of way, a cemetery, or a public park; no yard 
shall be required behind a building upon a lot entirely sur- 
rounded by streets, alleys, parks or other permanently open 
spaces not less than twenty-five feet wide; no yard shall be 
required behind a building upon a lot running through from 
street to street or from a street to an alley, park or other 
permanently open space; provided, that such streets, alleys, 
parks or other permanently open spaces are not less than 
thirty-five feet in width; no yard shall be required behind 
a building upon a corner lot adjoining a lot running through 
from street to street or from a street to an alley, park or 
other permanently open space; provided, that such streets, 
alleys, parks or other permanently open spaces are not less 
than thirty-five feet in width. 

Section 18. Said chapter four hundred and eighty-eight 
is hereby further amended by striking out section nineteen, 
as most recently amended by section one of chapter sixteen 
of the acts of nineteen hundred and thirty-one, and inserting 
in place thereof the following: — Section 19. The board of 
appeal provided for in the aforesaid building code shall act 
as a board of appeal under this act, and the members thereof 
shall receive for acting under this act the same compensation 
as provided in the aforesaid building code. 

Any applicant for a permit under this act whose applica- 
tion has been refused may appeal therefrom within ninety 
days. Any applicant to the building commissioner for a 
permit who appeals to the said board shall pay to him a fee 
of fifteen dollars before such permit shall be considered by 
the board. Such fees shall be deposited by the building com- 
missioner with the city collector at least once a week. 

Upon such appeal, the board of appeal may authorize in 
respect to a particular parcel of land a variance from the 
terms of this act, where, owing to conditions especially 



332 Acts, 1941. — Chap. 373. 

affecting such parcel but not affecting generally the zoning 
district in which it is located, a hteral enforcement of the 
provisions of this act would involve substantial hardship 
to the appellant, and where desirable relief may be granted 
without substantial detriment to the public good and with- 
out substantially derogating from the intent and purpose of 
this act, but not otherwise. No such variance shall be author- 
ized except by the unanimous decision of the entire member- 
ship of the board quahfied to act, rendered upon a written 
petition addressed to the board and after public hearing 
thereon, of which notice shall be mailed to the petitioner and 
to the owners of all property deemed by the board to be 
affected thereby as they appear in the current records of the 
assessing department and also advertised in a daily newspaper 
published in the city of Boston. The board may adopt rules, 
not inconsistent with the provisions of this act, governing 
notice and procedure. 

The board shall cause to be made a detailed record of all 
its proceedings, which record shall set forth the reasons for 
its decisions, the vote of each member participating therein, 
and the absence of a member or his failure to vote. Such 
record, immediately following the board's final decision, 
shall be filed in the office of the building commissioner and 
shall be open to pubUc inspection, and notice of such de- 
cision shall be mailed forthwith to each party in interest as 
aforesaid. 

No decision of the board of appeal permitting the erection 
or alteration of a building to an extreme height greater than 
that otherwise authorized under the provisions of this act 
for the lot or building in question shall be effective until and 
unless confirmed by the board of zoning adjustment, as pro- 
vided in section twenty. Immediately following the board's 
final decision in any such case a copy of the record shall be 
certified to the board of zoning adjustment. 

Any person aggrieved by a decision of the board of ap- 
peal, except a decision permitting the erection or alteration 
of a building to an extreme height greater than that other- 
wise authorized under the provisions of this act, whether or 
not previously a party to the proceeding, or any municipal 
officer or board, may appeal to the superior court sitting in 
equity, for the county of Suffolk; provided, that such appeal 
is filed in said court within fifteen days after such decision 
is recorded. It shall hear all pertinent evidence and deter- 
mine the facts, and, upon the facts as so determined, annul 
such decision if found to exceed the authority of such board, 
or make such other decree as justice and equity may re- 
quire. The foregoing remedy shall be exclusive, but the 
parties shall have all rights of appeal and exception as in 
other equity cases. 

The person applying for the review shall file a bond with 
sufficient surety, to be approved by the court, for such a 
sum as shall be fixed by the court, to indemnify and save 
harmless the person or persons in whose favor the decision 



Acts, 1941. — Chap. 373. 333 

was rendered from all damages and costs which he or they 
may sustain in case the decision of said board is affirmed. 

No costs shall be allowed against the board unless the 
court finds that it acted with gross negligence or in bad 
faith. 

Section 19. Said chapter four hundred and eighty-eight 
is hereby further amended by striking out section twenty, 
as most recently amended by section one of chapter two 
hundred and forty of the acts of nineteen hundred and 
thirty-six, and inserting in place thereof the following: — 
Section 20. There shall be a board of zoning adjustment 
to consist of twelve members as follows : - — The chairman 
of the city planning board ex officio, and eleven members 
appointed by the mayor in the following manner : one mem- 
ber from two candidates to be nominated by the Associated 
Industries of Massachusetts, one member from two candi- 
dates to be nominated by the Boston Central Labor Union, 
one member from two candidates to be nominated by the 
Boston Chamber of Commerce, one member from two can- 
didates to be nominated by the Boston Real Estate Ex- 
change, one member from two candidates to be nominated 
by the Massachusetts Real Estate Exchange, one member 
from two candidates, one to be nominated by the Boston 
Society of Architects and one by the Boston Society of 
Landscape Architects, one member from two candidates to 
be nominated by the Boston Society of Civil Engineers, one 
member from two candidates to be nominated by the Mas- 
ter Builders' Association of Boston, one member from two 
candidates to be nominated by the Team Owners Associa- 
tion, one member from two candidates to be nominated by 
the United Improvement Association, and one member to 
be selected by the mayor. All appointive members shall be 
residents of or engaged in business in Boston. All appoint- 
ments after the initial appointments shall be for the term 
of five years. Vacancies among the appointive members 
shall be filled in the same manner in which original appoint- 
ments are made. The several heads of departments of the 
city of Boston shall on request of the board supply it with 
all information in their possession useful for its duties. 

Either upon petition or otherwise, the board may, subject 
to the following conditions, change the boundaries of dis- 
tricts by changing the zoning map, on file at the state sec- 
retary's office, to meet altered needs of a locality, to avoid 
undue concentration of population, to provide adequate 
light and air, to lessen congestion in streets, to secure safety 
from fire, panic and other dangers, to facihtate the adequate 
provision of transportation, water, sewerage and other 
public requirements and to promote the health, safety, con- 
venience and welfare of the inhabitants of the city of Bos- 
ton. Such changes shall be made with reasonable considera- 
tion, among other things, of the character of the district 
and its peculiar suitability for particular uses, and with a 
view to conserving the value of buildings and encouraging 



334 - Acts, 1941. — Chap. 373. 

the most appropriate use of land. No such change shall be 
made except by the decision of not less than four fifths of 
the members of the board, excepting only any member or 
members not quahfied to act, rendered after a pubHc hear- 
ing thereon, of which notice shall be mailed to the peti- 
tioner, if any, to the building commissioner, the chairman 
of the assessing department, the chairman of the street lay- 
ing-out department, the commissioner of public works, the 
fire commissioner and the health commissioner of the city 
of Boston, and to the owners of all property deemed by the 
board to be afTected thereby as they appear in the current 
records of the assessing department and also advertised in a 
daily newspaper published in the city of Boston. Any peti- 
tion for changing the zoning map shall be accompanied by 
a fee of twenty-five dollars before being considered by the 
board. Such fees shall be deposited by the board with the 
city collector within one month after receipt thereof. No 
member shall act in any case in which he is personally 
interested either directly or indirectly. A majority of the 
board shall constitute a quorum for all public hearings and 
for all acts of the board, except that decisions changing the 
boundaries of districts on the zoning map or confirming a 
decision of the board of appeal shall be deemed to comply 
with this section only if the written record of such decision 
is signed, in case of any change of boundaries as aforesaid, 
by not less than four fifths, or, in case of any confirmation 
of a decision of the board of appeal, by not less than two 
thirds, of the members of the board qualified to act. If less 
than a majority of the board is present at any public hear- 
ing or at any executive session, the members actually pres- 
ent may adjourn the same by proclamation to such time 
and place as they deem advisable, and further notice thereof 
shall not be necessary. The board may adopt rules, not 
inconsistent with the provisions of this act, governing notice 
and procedure. 

The board shall review the decision of the board of ap- 
peal within forty-five days of the certification to it of a 
copy of the record thereof in every case wherein permission 
is granted to erect or alter a building to an extreme height 
greater than that otherwise authorized under the provisions 
of this act for the lot or building in question, said review to 
determine whether or not the reUef granted derogates from 
the intent and purpose of this act. No such permission shall 
be confirmed except by decision of not less than two thirds 
of the members of the board, excepting only any member 
or members not qualified to act, rendered after a public 
hearing thereon of which notice shall be given as provided 
in case of a pubhc hearing under the preceding paragraph. 
If the lot or building in question abuts upon a public park, 
notice shall also be mailed to the park commissioners of the 
city of Boston. 

In all cases where the boundaries of districts are changed 
so as to include the whole or part of an existing single or 



Acts, 1941. — Chap. 373. 335 

general residence district in a zone for less restricted uses 
the set-back required by this act for such district before 
such change shall remain in force unless and until such limi- 
tation shall be rescinded by the board. Such rescission may 
be inserted in the original order making such change if asked 
for by said petition and notice thereof given in the notice of 
the original petition for the change, or it may be ordered 
subsequently on petition and notice in the manner required 
for petitions for a change in the boundaries of districts. 

The board shall cause to be made a detailed record of all 
its proceedings, which record shall set forth the reasons for 
its decisions, the vote of each member participating therein, 
and the absence of a member or his failure to vote. Such 
record, immediately following the board's final decision, shall 
be filed in the office of the building commissioner of Boston 
and shall be open to public inspection, and notice of such 
decision shall be mailed forthwith to each party in interest 
as aforesaid. Upon any decision changing the zoning map, 
on file at the state secretary's office, an amended map show- 
ing such change endorsed by the chairman of said board shall 
be filed forthwith at said office. 

If a petition for a change of the boundaries of a district 
is unfavorably decided upon by the board, no petition for 
the same change shall be considered on its merits by the 
board within one year after the date of such unfavorable 
decision, except with the consent of not less than four fifths 
of the members of the board. 

If a change be favorably decided upon or if a decision of 
the board of appeal shall be confirmed, any person aggrieved 
or any municipal officer or board may, appeal to the superior 
court sitting in equity for the county of Suffolk; provided, 
that such appeal is filed in said court within fifteen days after 
such decision is recorded. It shall hear all pertinent evi- 
dence and determine the facts and, upon the facts as so 
determined, annul such decision if found to exceed the au- , 

thority of such board, or make such other decree as justice 
and equity may require. The foregoing remedy shall be 
exclusive, but the parties shall have all rights of appeal and 
exception as in other equity cases. 

The person applying for the review shall file a bond with 
sufficient surety, to be approved by the court, for such a sum 
as shall be fixed by the court, to indemnify and save harm- 
less the person or persons in whose favor the decision was 
rendered from all damages and costs which they may sus- 
tain in case the decision of said board is affirmed. 

No costs shall be allowed against the board unless the 
court finds that it acted with gross negligence or in bad faith. 

The board shall report its doings annually on or before 
February tenth to the mayor of Boston. It shall make a like 
report on or before said date to the general court, by filing 
the same with the state secretary, and the provisions of 
section thirty-two of chapter thirty of the General Laws 
relative to the transmission of other annual reports to the 



336 Acts, 1941. — Chap. 373. 

general court shall apply to reports made to the general 
court hereunder. 

If any area is hereafter transferred to another district by 
a change in district boundaries either by action of the board 
of zoning adjustment or by an amendment to this act, the 
buildings and uses then existing within said area shall be 
subject to the provisions of this act with reference to exist- 
ing buildings or uses in the district to which the area is 
removed. 

Section 20. Section twenty-one of said chapter four 
hundred and eighty-eight is hereby amended by striking out, 
in the third line, the word "law" and inserting in place 
thereof the word : — code, — so as to read as follows : — 
Section 21. The jurisdiction of courts in equity and at law 
and penalties for violation of any of the provisions of this 
act shall be as set forth in the aforesaid building code for 
violations thereof. 

Section 21. In case of any difference or inconsistency 
between the provisions of chapter four hundred and eighty- 
eight of the acts of nineteen hundred and twenty-four, as 
amended, and those of section one hundred and five A of 
chapter four hundred and seventy-nine of the acts of nine- 
teen hundred and thirty-eight, inserted by section one of 
chapter two hundred and seventeen of the acts of nineteen 
hundred and thirty-nine, or of any ordinance made pursuant 
to said section one hundred and five A, the provisions of 
said chapter four hundred and eighty-eight and its amend- 
ments shall prevail. 

Section 22. Chapter four hundred and fifty-two of the 
acts of eighteen hundred and ninety-eight, chapter three 
hupdred and thirty-three of the acts of nineteen hundred 
and four and the orders issued thereunder, chapter three hun- 
dred and eighty-three of the acts of nineteen hundred and 
five, chapter four hundred and fifty-five of the acts of nine- 
teen hundred and twenty, chapter four hundred and fifty- 
seven of the acts of eighteen hundred and ninety-nine, chap- 
ter four hundred and sixteen of the acts of nineteen hundred 
and seven, and chapter three hundred and thirty-three of 
the Special Acts of nineteen hundred and fifteen and the 
orders issued thereunder, are hereby repealed; provided, that 
such repeal shall not be deemed or construed to affect any 
vested property right which was created or acquired under 
any provision of any of said acts, or by reason of any order, 
rule or regulation made or promulgated, or act done, under 
authority of any provision of any of said acts, and which 
is in full force and effect upon the effective date of this act. 

Section 23. This act shall take full effect upon the 
acceptance by the city council of the city of Boston of chap- 
ter four hundred and seventy-nine of the acts of nineteen 
hundred and thirty-eight, as amended by chapter two hun- 
dred and seventeen of the acts of nineteen hundred and 
thirty-nine, and as provided in said chapter four hundred 
and seventy-nine. 4-Pproved June 12, 1941- 



Acts, 1941 . — Chaps. 374, 375. 337 



An Act establishing fees for the issuing and renew- Chav. S74: 

ING OF certificates OF REGISTRATION FOR DAIRY FARMS. 

Be it enacted, etc., as follows: 

Section sixteen C of chapter ninety-four of the General Ed-Kal^liec. 
Laws, as inserted by section three of chapter three hundred etc!, 'amended. ' 
and five of the acts of nineteen hundred and thirty-two, is 
hereby amended by inserting after the word "farms" in the 
second hne the words : — at a cost of fifty cents for each 
certificate or renewal thereof, — and by inserting after the 
word "registration" in the twenty-eighth line the words: — 
or a certificate of renewal, — so as to read as follows : — 
Section 16C. The director may issue, and may from time Fees for 
to time renew, certificates of registration for dairy farms at rl^trat\on°of 
a cost of fifty cents for each certificate or renewal thereof, dairy farms. 
No certificate of registration for a dairy farm shall be issued 
or renewed by the director, except as hereinafter provided, 
until he has made or caused to be made at least one inspec- 
tion of said farm within one year prior thereto, and unless 
said inspection clearly indicates a satisfactory compliance 
with the uniform minimum requirements for dairy farm 
inspection estabhshed under section forty-two of chapter 
six. The director shall accept the inspection reports of milk 
inspectors and agents of local boards of health within the 
commonwealth in respect to dairy farms located within or 
without the commonwealth which have been inspected by 
them, and, if such reports state that such dairy farms have 
complied with said minimum requirements, certificates of 
registration shall thereupon issue. Each dairy farm regis- 
tered by the director shall receive a numbered certificate of 
registration which shall, while in effect, be posted in a con- 
spicuous place at all times on said farm. Each certificate of 
registration of a dairy farm located in the commonwealth 
shall expire on the following June thirtieth, and each certifi- 
cate of registration of a dairy farm located outside the com- 
monwealth shall expire on such date as the board shall 
determine, but not within one year from its date of issue. 
Annual applications for renewal of certificates shall be made 
not less than thirty days prior to the expiration date on 
forms furnished by the director. If a certificate of registra- 
tion or a certificate of renewal is lost, duphcate copies may 
be obtained from the director at a cost of fifty cents each. 

Approved June 12, 1941. 



An Act establishing a scale of fees for the inocula- QfiQ^n 375 

TION OF SWINE AGAINST HOG CHOLERA. ^' 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-nine of the General EdViia'new 
Laws is hereby amended by inserting after section eight, as eection sa, 
appearing in the Tercentenary Edition, the following new ^^^^- 



338 



Acts, 1941. — Chaps. 376, 377. 



Fees for 
inoculation 
of swine. 



section : — Section SA . If inoculations against hog cholera 
are administered by the division to any swine at the request 
of the owner or keeper thereof the following fees shall be 
charged : — for less than eleven swine, twenty cents for 
each swine; for eleven or more but less than fifty-one swine, 
four dollars; for fifty-one or more but less than one hun- 
dred and one swine, five dollars; for one hundred and one 
or more but less than two hundred and one swine, six dol- 
lars; for each additional swine above two hundred, two 
cents. Approved June 12, 1941. 



Chap.S7Q An Act further regulating the incurring of debt by 

FIRE, WATER, LIGHT AND IMPROVEMENT DISTRICTS. 



G. L. (Ter. 
Ed.), 44, § 9, 
amended. 



Debts of fire, 
etc., districts. 



Be it enacted, etc., as follows: 

Section nine of chapter forty-four of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by adding at the end the following : — , and the amounts of 
debt so incurred shall be limited to the amounts prescribed 
for towns by sections eight and ten, — so as to read as 
follows : — Section 9. Fire, water, light and improvement 
districts may by a two thirds vote authorize the incurring 
of debt for the purposes prescribed, and payable within the 
periods specified, by sections seven and eight, so far as they 
are authorized by law to make expenditures for the purposes 
mentioned therein, and the amounts of debt so incurred 
shall be limited to the amounts prescribed for towns by 
sections eight and ten. Approved June 12, 19^1. 



Chap. 2^71 An Act relative to contributory retirement systems 

IN CERTAIN TOWNS UNDER TEN THOUSAND POPULATION. 



G. L. (Ter. 
Ed.), 32, § 311, 
etc., amended. 



Provisions 
relative to 
acceptance of 
act establish- 
ing retirement 
systems in 
certain towna. 



Be it enacted, etc., as follows: 

Section thirty-one I of chapter thirty-two of the General 
Laws, as amended, is hereby further amended by inserting 
after paragraph (3), as amended by section three of chapter 
fifty-seven of the acts of nineteen hundred and thirty-seven, 
the following new paragraph : — 

(4) (a) When any town having a population under ten 
thousand accepts sections twenty-six to thirty-one H, in- 
clusive, as provided in this section, the employees of such 
town shall become members of the county retirement sys- 
tem of the county wherein such town lies, in lieu of the 
establishment of a retirement system within and for such 
town. The employees of such town shall have all rights and 
obligations in the same manner as if a new retirement sys- 
tem were established in said town, including rights to retire- 
ment in the case of police and firemen as provided in sections 
twenty-six to thirty-one H, inclusive, which provisions are 
for such purposes made part of the county retirement law 
of such county. 



Acts, 1941. — Chap. 378. 339 

(6) On or before the fifteenth day of January in each 
year the county retirement board shall certify to the select- 
men of any town whose employees are members of the 
county retirement system, as hereinbefore provided, the 
amount payable to the several funds of the retirement sys- 
tem of the county on account of such members and the 
town shall pay to the several funds the amounts so payable, 
computed on the basis of the proportion of members em- 
ployed by such town to the total membership in said county 
retirement system. Should any such town fail to include the 
amounts so certified in the town appropriation the assessors 
shall nevertheless include said amounts in the tax levy. 

(c) The retirement board of the county and the county 
treasurer, as to any employees of any such town who be- 
come members of the county retirement system as herein- 
before provided, shall respectively be and act as the retire- 
ment board and treasurer of the retirement system in regard 
to such employees in the same manner as if they were county 
employees. 

(d) Deductions from the salary or wages of employees 
of such towns so becoming members of the county retire- 
ment system shall be made by the treasurer of the town as 
provided in section thirty-one G (1) (a) and the same shall 
be transmitted to the county treasurer on or before the 
tenth of each month, and by him paid into the annuity 
savings fund of the county to the credit of the members 
contributing the same. Approved June IS, 1941. 



An Act extending the time within which certain em- Chap.S7S 

PLOYEES MAY WAIVE THEIR RIGHTS TO WORKMEN'S COM- 
PENSATION. 

Be it enacted, etc., as follows: 

Section forty-six of chapter one hundred and fifty-two g. l. (Ter. 
of the General Laws, as appearing in the Tercentenary Edi- amenckd.' ^^' 
tion, is hereby amended by striking out, in the fifth line, 
the words "one month of" and inserting in place thereof 
the words : — three months after, — so as to read as fol- 
lows : — Section Jf.6. No agreement by any employee to waiver of 
waive his rights to compensation shall be valid, but an em- "^ '^' 
ployee who is for any reason peculiarly susceptible to injury 
or who is peculiarly likely to become permanently or totally 
incapacitated by an injury may, at the discretion of the de- 
partment and with its written approval within three months 
after the beginning of his employment, waive his rights 
to compensation under sections thirty-four, thirty-five and 
thirty-six, or any of them. Approved June 13, 1941 . 



340 



Acts, 1941. — Chap. 379. 



G. L. (Ter. 
Ed.). 32, § 1. 
etc., amended. 



Term 

"Member" 

defined. 



G. L. (Ter. 
Ed.), 32, § 4F, 
etc., amended. 



Accidental 
death benefit. 



Chap. 379 An Act relative to the offsetting of workmen's com- 
pensation PAYMENTS AGAINST PENSIONS, AND THE PROS- 
ECUTION OF CLAIMS FOR SUCH COMPENSATION IN CERTAIN 
CASES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter thirty-two of the 
General Laws, as appearing in section one of chapter four 
hundred and thirty-nine of the acts of nineteen hundred and 
thirty-eight, is hereby amended by striking out the para- 
graph defining "Member" and inserting in place thereof the 
following paragraph : — 

"Member", any employee included in the system, any 
person who was eligible for a superannuation retirement 
benefit on the date of termination of service, and, if the 
context so requires, any beneficiary retired for accidental 
disability. 

Section 2. Section four F of said chapter thirty-two, as 
so appearing, is hereby amended by striking out the para- 
graph numbered (1) and inserting in place thereof the fol- 
lowing paragraph : — 

(1) If the board, upon receipt of proper proof, finds that 
a member died as the natural and proximate result of a per- 
sonal injury sustained or a hazard undergone, at some defi- 
nite time and place, while such member was engaged in the 
performance and within the scope of his duties and, except 
as provided in section four I, that the sustaining of such 
injury or the undergoing of such hazard occurred within 
two years prior to the death of such member or, if occurring 
earlier, was reported to the board by the member or in his 
behalf within ninety days after its occurrence, and that 
such injury or the undergoing of such hazard was not the 
consequence of his serious or wilful misconduct, his accumu- 
lated assessments, or, in case his death occurred after retire- 
ment for accidental disability, the sum allocable to his ac- 
count in the annuity reserve fund, shall be paid to the 
person entitled thereto under section five A, and in addition 
there shall be paid to the dependents of such member, as 
hereinafter designated, an accidental death benefit to con- 
sist of a pension equal to one half of the annual rate of 
compensation received by him on the date such injuries 
were sustained or such hazard was undergone. The said 
pension shall begin as of the date of the death of said mem- 
ber and shall be paid — 

Section 3. Said section four F, as so appearing, is hereby 
further amended by striking out paragraph (4) and inserting 
in place thereof the following paragraph : — 

(4) There shall not be paid in any case for all pensions 
provided in this section an amount to exceed the rate of 
regular compensation of the member on the date when said 
injuries were sustained or said hazard was undergone, and, 
if the calculated amount of such pensions shall exceed such 



G. L. (Ter. 
Ed.), 32, 5 4F, 
etc., fiirther 
amended. 

Benefit pay- 
ments limited. 



Acts, 1941. — Chap. 379. 341 

rate, the pensions provided in paragraph (2) of this section 
shall be prorated among those entitled to receive them dur- 
ing such time as such pensions shall exceed such rate. 

Section 4. Section four H of said chapter thirty-two, as g. l. (Xer. 
so appearing, is hereby amended by adding at the end the ^tcii'amemit?' 
following new paragraph : — 

All sums of money payable by the commonwealth under Compensation 
said chapter one hundred and fifty-two to a retired benefi- ^^°«^*« °*^««*- 
ciary on account of disability, or to the legal representative 
or dependents of a deceased member or beneficiary on ac- 
count of death, including so much of any lump sum settle- 
ment as is allocable under this section to the period follow- 
ing such retirement or death, shall be offset against and 
payable in lieu of any pension under sections one to five A, 
inclusive, but not against any accumulated assessments or 
annuity or other payment from such assessments or their 
proceeds, and if the compensation payable under said chap- 
ter one hundred and fifty-two is less than the pension pay- 
able under said sections one to five A, when reduced to the 
same periodical basis, the excess only shall be paid as pen- 
sion, so long as such compensation continues. If such 
compensation on said basis exceeds such pension, no pen- 
sion shall be paid so long as such compensation continues. 

Section 5. Section twenty of said chapter thirty-two, as g. l. (Xer. 
appearing in section one of chapter four hundred of the acts etc!. 'amended'. 
of nineteen hundred and thirty-six, is hereby amended by 
striking out the paragraph defining "Member" and inserting 
in place thereof the following paragraph : — 

"Member", any employee included in the system, any Je'^i'^^em- 

, ' •'i. .iY r ,■ ,- . bar" defined. 

person who was eligible for a superannuation retirement 
benefit on the date of termination of service, and, if the 
context so requires, any beneficiary retired for accidental 
disability. 

Section 6. Said chapter thirty-two is hereby further g. l. (Ter. 
amended by striking out section twenty-five B, as appearing § 258? etc.. 
in said section one of said chapter four hundred, and insert- ^'^e'^'^ed. 
ing in place thereof the following section: — Section 25B. Accidental 
(1) If the board, upon receipt of proper proof, finds that a ^^^^^ benefits, 
member died as the natural and proximate result of a per- 
sonal injury sustained or a hazard undergone, at some defi- 
nite time and place, while such member was engaged in the 
performance and within the scope of his duties and that the 
sustaining of such injury or the undergoing of such hazard 
occurred within two years prior to the death of such member 
or, if occurring earlier, was reported to the board by the 
member or in his behalf within ninety days after its occur- 
rence, and that such injury or the undergoing of such hazard 
was not the consequence of his serious or wOful misconduct, 
his accumulated deductions, or, in case his death occurred 
after retirement for accidental disabihty, the sum allocable 
to his account in the annuity reserve fund, shall be paid to 
the person entitled thereto under section twenty-five E, 
and in addition there shall be paid to the dependents of such 



342 



Acts, 1941. — Chap. 379. 



G. L. (Ter. 
Ed.). 32, 
§ 25D, etc., 
amended. 

Compensation 
benefits offset. 



member, as hereinafter designated, an accidental death bene- 
fit to consist of a pension equal to one half of the annual rate 
of compensation received by him on the date such injuries 
were sustained or such hazard was undergone. Said pension 
shall begin as of the date of the death of said member and 
shall be paid — 

(a) To the surviving husband or wife of the deceased 
member so long as he or she lives and remains unmarried; or 

(&) If there be no surviving husband or wife, or if the sur- 
viving husband or wife dies before every child of such de- 
ceased member shall have attained age eighteen, then to or 
for the benefit of his children under said age, divided in such 
manner as the board in its discretion shall from time to time 
determine among all those under said age at the time of 
determination, to continue until every such child has died 
or attained age eighteen; or 

(c) If there be no husband or wife or child under age 
eighteen surviving such deceased member, then to his to- 
tally dependent father or mother, or both, and the survivor 
of them, as the board in its discretion shall determine, to 
continue, while they are totally dependent for support on 
such pension, for life or until remarriage. 

(2) If there be any child or children of a member referred 
to in paragraph (1) hereof who are under age eighteen, or 
over said age and physically or mentally incapacitated from 
earning, an additional pension at the rate of two hundred 
and sixty dollars annually shall be paid for each child of 
such member to the child or his natural or legal guardian, 
during such time as such child is under age eighteen or over 
said age and physically or mentally incapacitated from 
earning. 

In no case shall the amount of aU pensions provided in 
this section exceed the rate of the regular annual compensa- 
tion of the deceased member on the date when the injury 
was sustained or the hazard was undergone. 

Section 7. Said chapter thirty-two is hereby further 
amended by striking out section twenty-five D, as so appear- 
ing, and inserting in place thereof the following section: — 
Section 25D. (1) All sums of money payable by the county 
or hospital district, or by an insurance company, under 
chapter one hundred and fifty-two to a retired beneficiary 
on account of disabihty, or to the legal representative or 
dependents of a deceased member or beneficiary on account 
of death, including so much of any lump sum settlement as 
is allocable, by the method provided in section four H for 
the state retirement system, to the period following such 
retirement or death, shall be offset against and payable in, 
lieu of any pension under sections twenty to twenty-five H, 
inclusive, but not against any accumulated deductions or 
annuity or other payment from such deductions or their 
proceeds, and if the compensation payable under said chap- 
ter one hundred and fifty-two is less than the pension pay- 
able under said sections twenty to twenty-five H, when 



Acts, 1941. — Chap. 379. 343 

reduced to the same periodical basis, the excess only shall be 
paid as pension, so long as such compensation continues. 
If such compensation on said basis exceeds such pension, 
no pension shall be paid so long as such compensation con- 
tinues. All applicable provisions of section four H shall 
apply to pensions under said sections twenty to twenty- 
five H. 

(2) If a person entitled to a pension on account of dis- 
ability or death resulting from an injury and also having a 
right to compensation under chapter one hundred and fifty- 
two for the same injury, neglects or fails to prosecute fully 
such right or to cooperate with the board when it prosecutes 
the same, as provided in section seventy-three of chapter 
one hundred and fifty-two, the board may, during the period 
of such neglect or failure, suspend such person's right to 
further payments under this chapter. 

Section 8. Section twenty-six of said chapter thirty- S^^•iJ*^^2 
two, as appearing in section one of chapter three hundred etc!, 'amended. 
and eighteen of the acts of nineteen hundred and thirty-six, 
is hereby amended by striking out the paragraph defining 
"Member" and inserting in place thereof the following 
paragraph : — 

"Member", any employee included in the system, any Term"Mem- 

U 1- -ui r J.- J.- J. bar" defined. 

person who was eligible tor a superannuation retirement 
benefit on the date of termination of service, arid, if the con- 
text so requires, any beneficiary retired for accidental dis- 
abihty. 

Section 9. Said chapter thirty-two is hereby further g. l. (Xer. 
amended by striking out section thirty-one B, as so appear- f siB^e'tc. 
ing, and inserting in place thereof the following section : — amended. 
Section SIB. (1) If the board, upon receipt of proper proof, Accidental 
finds that a member died as the natural and proximate 
result of a personal injury sustained or a hazard undergone, 
at some definite time and place, while such member was 
engaged in the performance and within the scope of his 
duties and that the sustaining of such injury or the under- 
going of such hazard occurred within two years prior to the 
death of such member or, if occurring earlier, was reported 
to the board by the member or in his behalf within ninety 
days after its occurrence, and that such injury or the under- 
going of such hazard was not the consequence of his serious 
or wilful misconduct, his accumulated deductions, or, in 
case his death occurred after retirement for accidental dis- 
ability, the sum allocable to his account in the annuity 
reserve fund, shall be paid to the person entitled thereto 
under section thirty-one E, and in addition there shall be 
paid to the dependents of such member, as hereinafter 
designated, an accidental death benefit to consist of a pen- 
sion equal to one half of the annual rate of compensation 
received by him on the date such injuries were sustained or 
such hazard was undergone. The said pension shall begin 
as of the date of the death of said member and shall be 
paid — 



344 Acts, 1941. — Chap. 379. 

(a) To the surviving husband or wife of the deceased 
member so long as he or she Hves and remains unmarried ; or 
(6) If there be no surviving husband or wife, or if the sur- 
viving husband or wife dies before every child of such de- 
ceased member shall have attained age eighteen, then to or 
for the benefit of his children under said age, divided in 
such manner as the board in its discretion shall from time 
to time determine among all those under said age at the time 
of determination, to continue until every such child has died 
or attained age eighteen; or 

(c) If there be no husband or wife or child under age 
eighteen surviving such deceased member, then to his 
totally dependent father or mother, or both, and the sur- 
vivor of them, as the board in its discretion shall determine, 
to continue, while they are totally dependent for support on 
such pension, for life or until remarriage. 

(2) If there be any child or children of a member referred 
to in paragraph (1) hereof who are under age eighteen, or 
over said age and physically or mentally incapacitated from 
earning, an additional pension at the rate of two hundred 
and sixty dollars annually shall be paid for each child of such 
member to the child or his natural or legal guardian, during 
■ such time as such child is under age eighteen or over said 
age and physically or mentally incapacitated from earning. 

In no case shall the amount of all pensions provided in this 
section exceed the rate of the regular annual compensation 
of the deceased member on the date when the injury was 
sustained or the hazard was undergone. 
gj^lJer. Section 10. Said chapter thirty-two is hereby further 

§ 310, etc.. amended by striking out section thirty-one D, as so appear- 
amended. -j^g^ ^^^ inserting in place thereof the following section: — 

offseta. Section 31D. (1) All sums of money payable by the city 

or town, or by an insurance company, under chapter one 
hundred and fifty-two to a retired beneficiary on account of 
disability, or to the legal representative or dependents of a 
deceased member or beneficiary on account of death, includ- 
ing so much of any lump sum settlement as is allocable, by 
the method provided in section four H for the state retire- 
ment system, to the period following such retirement or 
death, shall be offset against and payable in lieu of any pen- 
sion under sections twenty-six to thirty-one H, inclusive, 
but not against any accumulated deductions or annuity or 
other payment from such deductions or their proceeds, and 
if the compensation payable under said chapter one hundred 
and fifty-two is less than the pension payable under said 
sections twenty-six to thirty-one H, when reduced to the 
same periodical basis, the excess only shall be paid as pen- 
sion, so long as such compensation continues. If such 
compensation on said basis exceeds such pension, no pension 
shall be paid so long as such compensation continues. All 
apphcable provisions of section four H shall apply to pen- 
sions under said sections twenty-six to thirty-one H. 



Acts, 1941. — Chap. 379. 345 

(2) If a person entitled to a pension on account of dis- 
ability or death resulting from an injury and also having a 
right to compensation under chapter one hundred and fifty- 
two for the same injury, neglects or fails to prosecute fully 
such right or to cooperate with the board when it prose- 
cutes the same, as provided in section seventy-three of 
chapter one hundred and fifty-two, the board may, during 
the period of such neglect or failure, suspend such person's 
right to further payments under this chapter. 

Section 11. Section nineteen of chapter one hundred ^j^-{Jj"'- 
and fifty-two of the General Laws, as most recently amended § 19,' etc..' 
by chapter two hundred and forty-five of the acts of nine- *'"«°'^^' 
teen hundred and thirty-nine, is hereby further amended 
by adding at the end the following new paragraph : — 

This section shall apply also to the head of each employ- Notice of 
ing board, commission and department of the common- '"^J^^"- 
wealth and of the several counties, cities, towns and dis- 
tricts subject to section sixty-nine, and copies of the reports 
hereby required shall likewise be furnished by such employ- 
ing head to the appropriate retirement board, if any, and to 
the agent referred to in section seventy-five or the insurer, 
if any. 

Section 12. Section seventy-three of said chapter one g. l. (Ter. 
hundred and fifty-two, as most recently amended by sec- f^slltc.'. 
tion twenty-three of chapter three hundred and thirty-six amended. 
of the acts of nineteen hundred and thirty-seven, is hereby 
further amended by striking out the first sentence and 
inserting in place thereof the following paragraph : — Any Election 
person entitled under section sixty-nine to receive compen- peLlatlon and 
sation from the commonwealth or from such county, city, pension. 
town or district, and who is also entitled to a pension by 
reason of the same injury, shall elect whether he will receive 
such compensation or such pension, and shall not receive 
both, except in the manner and to the extent provided by 
section four H, twenty-five D or thirty-one D of chapter 
thirty-two, as the case may be. A retirement board, for 
the purposes of any of such last-mentioned sections, may 
prosecute in the name and for the benefit of a member or 
beneficiary of its system or his legal representative or any 
of his dependents, who is or may become entitled to a 
pension under chapter thirty-two, all claims which he or 
they may have for compensation under this chapter, if such 
member, beneficiary, legal representative or dependent has 
failed, or such board is of opinion that he will fail, to make 
or prosecute such claim with reasonable promptness and 
diligence. Said board, so prosecuting such remedy, shall 
be deemed to be a party in interest and may take an appeal 
and institute any proceeding which the employee or his 
legal representative or dependent might take or institute. 
In proceedings where the commonwealth, county, city, 
town or district is represented by the attorney general, city 
solicitor, town counsel or other attorney, the retirement 



346 



Acts, 1941. — Chap. 380. 



board may be represented by an attorney of its own selection. 
Agents of the commonwealth under section seventy-five and 
such agents, and insurers, of counties, cities, towns or dis- 
tricts, executing agreements for compensation under this 
chapter, shall forthwith notify the appropriate retirement 
board. Approved June 13, 1941. 



Chap.dSO An Act further regulating liens for, and the col- 
lection OF, WATER RATES AND CHARGES. 



G. L. (Ter. 
Ed.). 40, 
§ 42A. etc., 
amended. 



Water rates, 
when lien on 
real estate. 



Be it enacted, etc., as follows: 

Section 1. Section forty-two A of chapter forty of the 
General Laws, as most recently amended by section one of 
chapter four hundred and fifteen of the acts of nineteen 
hundred and thirty-eight, is hereby further amended by 
striking out, in the second and third lines, the words "and 
the five following sections" and inserting in place thereof 
the words : — section and sections forty-two B to forty- 
two F, inclusive, — by striking out, in the thirtieth line, the 
words "The five following sections" and inserting in place 
thereof the words : — Sections forty-two B to forty-two F, 
inclusive, — and by striking out, in the thirteenth line, the 
following ", as estabhshed as aforesaid, "so as to read as 
follows : — Section 4^ A . If the rates and charges due to a 
city, town or water district, which accepts this section and 
sections forty-two B to forty-two F, inclusive, by vote of 
its city council or of the voters in town or district meeting 
and, by its clerk, files a certificate of such acceptance in the 
proper registry of deeds, for supplying or providing for water 
or rendering service or furnishing materials in connection 
therewith to or for any real estate at the request of the 
owner or tenant are not paid within sixty days after their 
due date as estabhshed by local regulations, ordinances or 
by-laws, which due dates shall be so established as to re- 
quire payments at least as often as semi-annually, such 
rates and charges, together with interest thereon and costs 
relative thereto, shall be a lien upon such real estate in the 
manner hereinafter provided; but such lien shall attach 
only for water supplied and provided for, service rendered 
and materials furnished within a period of one year and six 
months next prior to the filing of the statement in the regis- 
try of deeds as provided in section forty-two B. The register 
of deeds shall record such certificate of acceptance in a book 
to be kept for the purpose, which shall be kept in an acces- 
sible location in the registry. Notwithstanding the author- 
ity to estabhsh such a hen such overdue rates and charges 
may be collected through any legal means, including the 
shutting off of water, which may be deemed advisable; pro- 
vided, that after the termination of such a hen no city, town 
or water district shall attempt to enforce, by shutting ofif 
the water, collection of any water rates or charges included 
in such lien from any person, not hable therefor, who has 



to take effect. 



Acts, 1941. — Chap. 380. 347 

succeeded to the title or interest of the person who incurred 
them. Sections forty-two B to forty-two F, inclusive, shall 
also apply to a water district which has accepted sections 
forty-two A to forty-two F, inclusive, and whose clerk has 
so filed the certificate of acceptance. Wherever in said sec- 
tions the words "board or officer in charge of the water 
department" or their equivalent appear, they shall also 
mean and include the officers exercising similar duties in 
any city, town or district. A fire district authorized to sup- 
ply water shall, for the purposes of sections forty-two A to 
forty-two F, inclusive, be deemed to be a water district. 

Section 2. Said chapter forty is hereby further amended ^j^; [q^^- 
by striking out section forty-two B, as most recently amended § 42b etc., 
by section two of said chapter four hundred and fifteen, *""^" 
and inserting in place thereof the following section : — Sec- pj^^n, ,whMi 
Hon Jf2B. Such lien shall take effect upon the filing for 
record in the registry of deeds for the county or district 
where the real estate lies of a statement by the board or 
officer in charge of the water department that the rates 
and charges for the supplying of or providing for water or 
the rendering of service or the furnishing of materials in 
connection therewith to or for the real estate therein de- 
scribed, to an amount therein specified, have remained 
unpaid for sixty days after their due date, and said lien, 
unless dissolved, or disclaimed and released, as hereinafter 
provided, shall continue until the account referred to in 
said statement has been added to or committed as a tax 
as provided in section forty-two D, and thereafter, unless 
so dissolved, or disclaimed and released, shall continue as 
provided in section thirty-seven of chapter sixty, except 
that the date provided for termination of the lien in case 
of a recorded alienation shall be at the expiration of two 
years from October first of the year of such addition or 
committal. Such statement shall contain the name of the 
owner of record of such real estate on January first of the 
year in which the statement is filed and a description of 
such real estate sufficiently accurate for identification. The 
register of deeds shall receive and record or, in case of regis- 
tered land, file and register, said statement, and any cer- 
tificate or disclaimer and release under this section duly filed 
for record. Such lien may be dissolved by filing for record 
in such registry of deeds a certificate from the collector of 
taxes, or from the officer or other person having the power 
and duty under local regulations, ordinances or by-laws to 
collect water rates and charges, that all rates and charges 
for which such lien attached, together with interest and 
costs thereon, have been paid or legally abated. In case 
such a lien is deemed invalid by the board or ofiicer in 
charge of the water department or by the collector of taxes, 
said board or officer or said collector may, at any time 
prior to a sale or taking under chapter sixty for a tax or 
part of a tax which includes or consists of such rates and 
charges, or prior to the addition of such tax or part of a 



348 



Acts, 1941. — Chap. 380. 



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

Unpaid 
accounts. 



G. L. (Ter. 
Ed.), 40. 
5 42D, etc., 
amended. 



Interest 
on unpaid 
accounts. 



tax to the tax title account, disclaim and release such lien 
by an instrument under the seal of such board or officer or 
collector and signed by such officer or collector or, on behalf 
of such board, by its authorized agent, and shall duly file 
the same for record in the proper registry of deeds, and at 
once give notice of such action to the collector, when such 
action is taken by the board or officer, or to the board or 
officer, when such action is taken by the collector. Water 
rates and charges the lien for which is so disclaimed and 
released and such rates and charges excluded by court decree 
under section seventy-six B of said chapter sixty shall, to 
the extent that they were properly chargeable to the per- 
son owning or to the tenant occupying the premises for which 
such rates and charges were incurred, be collectible against 
such person or tenant, as the case may be, and may be re- 
covered in an action oif contract at the instance of the board 
or officer in charge of the water department. If at the time 
of the filing of such disclaimer and release or of the entry of 
such, decree such person or tenant is still the owner or tenant 
of the premises, whether through redemption or other- 
wise, such rates and charges, to the extent that they were 
properly chargeable to him, may be enforced in any other 
manner provided or available for collection and enforce- 
ment of water rates and charges. 

Section 3. Said chapter forty is hereby further amended 
by striking out section forty-two C, as most recently amended 
by section three of said chapter four hundred and fifteen, 
and inserting in place thereof the following section : — Section 
42C. The collector of taxes shall have the same powers 
and be subject to the same duties with respect to unpaid 
accounts under sections forty-two A to forty-two F, inclu- 
sive, as in the case of the annual taxes upon real estate, and 
the provisions of law relative to the collection of such annual 
taxes, the sale or taking of land for the non-payment thereof 
and the redemption of land so sold or taken shall, except as 
otherwise provided, apply to unpaid accounts charged upon 
real estate under said sections forty-two A to forty-two F, 
inclusive. 

Section 4. Said chapter forty is hereby further amended 
by striking out section forty-two D, as most recently amended 
by section four of said chapter four hundred and fifteen, and 
inserting in place thereof the following section : — Section 
42D. Upon filing for record a statement under section 
forty-two B, the board or officer in charge of the water de- 
partment shall add to the unpaid account, to be collected 
as a part thereof, a fee of one dollar for preparing and filing 
such statement. Said fee, when collected, shall be deemed 
to have been part of the original account due the city, town 
or water district and shall be accounted for as such. Upon 
commitment as a tax or part of a tax, as hereinafter pro- 
vided, unpaid accounts under sections forty-two A to forty- 
two F, inclusive, shall be subject to the provisions of law 
relative to interest on the taxes of which they become, 



Acts, 1941. — Chap. 380. 349 

or, if the property were not tax exempt would become, a 
part. 

If any account referred to in a statement filed for record 
under section forty-two B remains unpaid when the assessors 
are preparing the real estate tax list and warrant to be com- 
mitted by them under section fifty-three of chapter fifty- 
nine next after the filing of such statement, the board or 
officer in charge of the water department shall certify such 
unpaid account to the assessors, who shall forthwith add 
such account to the tax on the property to which it relates 
and commit it with their warrant to the collector of taxes as 
a part of such tax. If the property to which the account 
relates is tax exempt, the account shall be committed as the 
tax. Except as otherwise provided, the provisions of chap- 
ters fifty-nine and sixty shall apply, so far as pertinent, to 
any unpaid account certified to the assessors hereunder. If 
a disclaimer and release under section forty-two B is filed 
before a sale or taking for a tax or part of a tax which in- 
cludes such account, or before the addition of such a tax or 
part of a tax to the tax title account under said chapter sixty, 
the amount of the water account and interest thereon shall 
be subtracted from such tax or part of a tax before such 
sale, taking or addition takes place. 

Section 5. Section forty-two E of said chapter forty, as g. l. (Xer. 
most recently amended by section seven of chapter four f IbV etc., 
hundred and fifty-one of the acts of nineteen hundred and amended, 
thirty-nine, is hereby further amended by striking out, in 
the sixth line, as appearing in the Tercentenary Edition, 
the words "thirty days after demand under section forty- 
two C" and inserting in place thereof the words: — the time 
allowed by law for filing an application for abatement of the 
tax of which such charge is, or, if the property were not tax 
exempt, would have been, a part, — so as to read as follows : 
— Section 4^E. An owner of real estate aggrieved by a Abatements, 
charge imposed thereon under sections forty-two A to forty- 
two F, inclusive, in addition to such remedy as he may have 
under section ten of chapter one hundred and sixty-five, 
may apply for an abatement thereof by filing a petition with 
the board or officer having control of the water department 
within the time allowed by law for filing an application for 
abatement of the tax of which such charge is, or, if the 
property were not tax exempt, would have been, a part, 
and if such board or officer finds that such charge is more 
than is properly due, a reasonable abatement shall be made; 
and except as otherwise provided herein, the provisions 
of chapter fifty-nine relative to the abatement of taxes by 
assessors shall apply, so far as applicable, to abatements 
hereunder. If such petition is denied in whole or in part, 
the petitioner may appeal to the appellate tax board upon 
the same terms and conditions as a person aggrieved by 
the refusal of the assessors of a city or town to abate a tax. 

Section 6. Section ninety-five of chapter sixty of the g. l. (Ter. 
General Laws, as most recently amended by section twenty- ^tci! "amended. 



350 



Acts, 1941. — Chap. 380. 



Credits and 
payments to 
collector. 



Application 
of act. 



three of said chapter four hundred and fifty-one, is hereby 
further amended by striking out, in the seventh to the tenth 
hnes, the words " ; with all sums committed under section 
forty-two C of chapter forty and subsequently added to the 
annual tax and recommitted to him under section forty- 
two D of said chapter," so as to read as follows: — Section 
95. The collector shall be credited with all sums abated; 
with all sums committed and thereafter apportioned un- 
der section thirteen of chapter eighty; with the amount of 
all assessments not apportioned to subsequent years which 
have been committed under section four of chapter eighty . 
and subsequently recommitted to him to be added to the 
annual tax on the land; with the amount of taxes for which 
a judgment has been rendered by any court in favor of the 
city or town; with the amount of a claim for taxes allowed 
in favor of the city or town in bankruptcy or receivership 
cases; with the amount of taxes assessed upon any person 
committed to jail for non-payment of his tax within two 
years from the receipt of the tax list by the collector, and 
who has not paid his tax; with any sums which the town 
may see fit to abate to him, due from persons committed after 
the expiration of two years; with all sums withheld by the 
treasurer of a town under section ninety-three; subject to 
the provisions of sections forty-eight and fifty-five, with the 
amount of the taxes and costs, charges and fees where land 
has been purchased or taken by the town for non-payment 
of taxes; and upon certification in accordance with-section 
sixty-one, with the amount of subsequent taxes which have 
become part of the terms of redemption in any tax title held 
by the town. When a collector is credited with the amount 
of taxes assessed upon any person committed to jail for the 
non-payment of his tax, who has not paid his tax, said 
collector shall also be paid and credited with the fees and 
charges which have become a part of said taxes and to 
which he or the officer acting under his warrant is entitled. 

Section 7. Sections forty-two A to forty-two F, inclu- 
sive, of chapter forty of the General Laws, as amended or 
affected by this act, shall continue to apply without further 
acceptance to all cities, towns, water districts and fire dis- 
tricts supplying water to which said sections appHed imme- 
diately prior to the time of taking effect of this act. Said 
sections, as amended or affected by this act, shall also ap- 
ply to all cities, towns, water districts and fire districts au- 
thorized to supply water which after said time accept said 
sections and file a certificate of such acceptance in the proper 
registry of deeds, as provided in said section forty-two A, 
as hereby amended, or which, having accepted said sections 
prior to said time, thereafter file such certificate as so pro- 
vided. Approved June 13, 1941- 



Acts, 1941. — Chaps. 381, 382. 351 



An Act relative to the tenure of office of certain Chap. SSI 

EMPLOYEES OF THE APPELLATE TAX BOARD. 

Be it enacted, etc., as follows: 

Chapter fifty-eight A of the General Laws is hereby g^L.^Ter.^ ^ 
amended by striking out section five, as appearing in the ameAded.' 
Tercentenary Edition, and inserting in place thereof the fol- 
lowing section : — Section o. The members and employees Tenure of 
of the board shall receive their necessary traveling expenses empfoyees^'^ *'° 
and their expenses actually incurred for subsistence while xraveUng, etc.. 
traveUng outside the city of Boston in the performance of expenses. 
their duties. The board may, subject to the approval of 
the governor and council, appoint and fix the compensation 
of such employees, including a clerk, and make such ex- 
penditures, including expenditures for law books and publi- 
cations, as may be necessary in order to execute efficiently 
the functions vested in said board. The clerk and assistant 
clerks shall hold office during good behavior, but subject, 
however, to retirement under the provisions of any appli- 
cable general or special law relative to retirement systems. 
All expenditures of the board shall be allowed and paid out 
of moneys appropriated for the purposes of the board, upon 
presentation of itemized vouchers therefor, signed by the 
chairman or a person designated by the board for the pur- 
pose. Approved June IS, 1941- 

An Act relative to the hours during which dog races Chap. 382 

ON WHICH THE PARI-MUTUEL SYSTEM OF WAGERING IS PER- 
MITTED MAY BE CONDLTCTED IN CERTAIN EMERGENCIES. 

Be it enacted, etc., as follows: 

Clause (c) of section three of chapter one hundred and ^j^-^Tg^* 
twenty-eight A of the General Laws, as appearing in section § 3'. etc", 
three of chapter three hundred and seventy-four of the acts ""^^nded. 
of nineteen hundred and thirty-four, is herebj^ amended by 
adding at the end the following: — ; provided, that if by 
reason of national emergency night illumination is forbidden 
by public authority, then the commission may, in its dis- 
cretion, issue a license to permit dog racing at such hours as 
said commission may determine, between the hours of twelve 
o'clock noon and twelve o'clock midnight, — so as to read 
as follows : — 

(c) Dog racing at such meeting may be between the hours Hours during 
of seven o'clock post meridian and twelve o'clock midnight rs^^^g^iy 
only; provided, that if by reason of national emergen cj^ night be held, 
illumination is forbidden by public authority, then the com- 
mission may, in its discretion, issue a license to permit dog 
racing at such hours as said commission may determine, 
between the hours of twelve o'clock noon and twelve o'clock 
midnight. Approved June IS, 1941- 



352 Acts, 1941. — Chaps. 383, 384. 



Chap. SSS An Act relative to the use of certain park land at 

OLD SILVER BEACH IN THE TOWN OF FALMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth is hereby authorized, 
upon a vote to that effect at any town meeting called for the 
purpose, to discontinue the use for park purposes of the park 
land at Old Silver Beach, so called, and thereafter to use 
and maintain said park land at Old Silver Beach as a town 
bathing beach or for such other municipal purposes as said 
town, from time to time, may determine, and said town may 
restrict the use of the same to its inhabitants, their guests, 
and seasonal residents, and may adopt by-laws, not repug- 
nant to law, relative to the use, care, regulations and control 
of the same for such purposes. 

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

Approved June 18, lO^l. 

C/iap.384 An Act providing that the county of hampden be re- 
imbursed FOR THE expense TO IT OF CERTAIN LITIGA- 
TION ARISING out of THE ESTABLISHMENT OF THE METRO- 
POLITAN WATER SUPPLY SYSTEM WITHIN ITS BOUNDARIES. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district water supply com- 
mission shall reimburse the county of Hampden for any and 
all necessary sums of money, not exceeding, in the aggregate, 
forty-three hundred and seven dollars and five cents, ex- 
pended by said county resulting from htigation conducted 
in the courts of said county, either at law or in equity, arising 
out of the establishment of the metropolitan water supply 
system authorized by chapter three hundred and seventy- 
five of the acts of nineteen hundred and twenty-six or by 
chapter three hundred and twenty-one of the acts of nineteen 
hundred and twenty-seven, or by both such chapters, and 
acts in amendment thereof and in addition thereto, whether 
commenced in accordance with the provisions of said chap- 
ters, or either of them, or under other provisions of law. 

Section 2. The justice or justices before whom any such 
litigation is tried or heard shall certify to said commission 
the amount or amounts of the cost to said county of any 
such litigation tried or heard before him or them, and the 
same shall be paid by said commission to said county, within 
thirty days after the date of such certification, from the 
funds provided for metropohtan water supply purposes by 
said chapter three hundred and seventy-five and by chap- 
ters one hundred and eleven and three hundred and twenty- 
one, both of the acts of nineteen hundred and twenty-seven, 
and acts in amendment thereof and in addition thereto. 

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

Approved June 18, 1941. 



Acts, 1941. — Chaps. 385, 386. 353 



An Act relative to the qualifications of members of Chav.S85 

THE BOARD OF REGISTRATION OF BARBERS. 

Be it enacted, etc., as folloios: 

Section 1. Section thirty-nine of chapter thirteen of ^d^iJl'sg 
the General Laws, as appearing in the Tercentenary Edi- amended, 
tion, is hereby amended by striking out, in the second line, 
the words "and the following two sections" and inserting 
in place thereof the words : — section and in sections forty 
and forty-one, — and by striking out, in the fifth and sixth 
lines, the words "practical barber and shall have had five 
years of practical experience as a barber in this common- 
wealth prior to his appointment" and inserting in place 
thereof the following : — practising barber and shall have had 
five years of practical experience as a barber in this com- 
monwealth prior to his original appointment and shall 
have been actively engaged in the occupation of barbering 
in this commonwealth for not less than six months during 
the twelve months immediately prior to such appointment, 
— so as to read as follows: — Section 39. There shall be a Board of 
board of registration of barbers, in this section and in sec- olTa/bers" 
tions forty and forty-one called the board, to be appointed 
by the governor, with the advice and consent of the council, 
and to consist of three members, citizens of the common- 
wealth, each of whom shall be a practising barber and shall 
have had five years of practical experience as a barber in 
this commonwealth prior to his original appointment and 
shall have been actively engaged in the occupation of bar- 
bering in this commonwealth for not less than six months 
during the twelve months immediately prior to such ap- 
pointment, and at least one of whom shall be a journeyman 
barber. No two members of the board shall, while in office, 
be engaged in practising the occupation of barbering in the 
same town. As the term of office of a member expires, his 
successor shall be appointed by the governor, with like 
advice and consent, to serve for three years. The governor 
may also, with like advice and consent, fill any vacancy in 
the board for the unexpired portion of the term. 

Section 2. Nothing in this act shall be deemed to affect 1?^?°^*/^ *°* 
the term of office of any member of the board of registration 
of barbers in office upon the effective date thereof. 

Approved June 18, 194.1- 



An Act extending the provisions of contributory re- Chav.SSG 
tirement systems in cities and towns to employees 
of certain fire, water, sewerage and other dis- 
TRICTS. 

Be it enacted, etc., as follows: 

Section thirty-one I of chapter thirty-two of the General gj^g^J®'"' 
Laws, as amended by section three of chapter fifty-seven of § sii, etc.. 

amended. 



354 



Acts, 1941. — Chap. 386. 



Acceptance 
of retirement 
system to 
apply to fire, 
etc., districts. 



the acts of nineteen hundred and thirty-seven, is hereby 
further amended by inserting after subdivision (3) the fol- 
lowing new subdivision : — 

(4) (a) Any water, sewer, light, improvement or fire dis- 
trict, hereinafter called a district, all or part of which lies 
within the territory of a city or town which maintains a 
contributory retirement system for its employees under 
sections twenty-six to thirty-one H, inclusive, and a district 
which is located in two or more cities or towns, at least one of 
which has adopted said sections, may provide retirement 
benefits for its employees if said district shall by a vote 
duly recorded adopt said sections twenty-six to thirty-one 
H, inclusive, so far as apphcable. A duly attested copy of 
such vote shall be filed by the clerk of the district, or person 
performing like duties, with the commissioner of insurance 
within thirty days after said vote. Said commissioner shall 
forthwith issue to the district a certificate that said sections 
shall be operative as to its employees from January first or 
from July first, whichever first occurs, following the expira- 
tion of three months after the date of such certificate. Said 
commissioner shall also notify the mayor or selectmen and 
the retirement board of each of the cities and towns within 
which the district lies of the acceptance of said sections by 
the district and the date on which said sections will become 
operative therein. 

(b) On the date when said sections become operative for 
employees of any district as set forth in paragraph (4) (a) 
of this section, such employees may become members of 
the retirement system of the city or town within whose 
territoiy the district lies, or if in more than one city or 
town then in the system of the largest of such cities or towns 
which maintains such a system. Said emploj^ees shall have 
all the rights and obligations provided under said sections 
in the same manner as if the retirement system in the city 
or town had become operative on said date. 

(c) In any district which provides retirement benefits 
for its emploj^ees as herein authorized, the retirement board 
of the city or town in which the employees of the district 
become members shall, on or before the fifteenth day of 
January in each year, certify to the district the amount 
payable to the various funds of the system on account of 
its employees for the year beginning on the first day of 
January in said year, and said district shall pay to the 
funds of said system the sums so certified. 

(d) In any district which provides retirement benefits 
for its employees as herein authorized, if such district has 
taken over or shall take over any public or quasi-public 
enterprise formerly operated by any political subdivision 
or a corporation, the employees of such enterprise shall be 
credited with service to it which would have been creditable 
service if it had been rendered to the district. 

Approved June 18, 194i- 



Acts, 1941. — Chaps. 387, 388, 389. 355 



An Act relative to the annual observance of vet- C hap. SS7 

ERAN firemen's MUSTER DAY, SO CALLED. 

Be it enacted, etc., as follows: 

Chapter six of the General Laws is hereby amended by g l. (Ter. 
inserting after section twelve K, inserted by chapter eighty section 121^ 
of the acts of nineteen hundred and thirty-eight, the follow- ''dded. 
ing new section: — Section 12L. The governor shall annu- veteran 
ally issue a proclamation calling for proper observance of Mustw°Day. 
Veteran Firemen's Muster Day. 

Approved June 18, 1941. 



An Act authorizing the state department of public (JfiQ^jj 333 

HEALTH TO REGULATE POLLUTION AND CONTAMINATION OF ^' 

INLAND AND TIDAL WATERS. 

Be it enacted, etc., as follows: 

Section five of chapter one hundred and eleven of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is amended.' ^ ^' 
hereby amended by adding at the end the following new 
paragraph : — 

It shall from time to time, after notice to all persons in- Regulation of 
terested and a public hearing, and subject to the approval Cf° certain 
of the governor and council, prescribe and establish rules ^^^ters. 
and regulations to prevent pollution or contamination of 
any or all of the lakes, ponds, streams, tidal waters and 
flats within the commonwealth or of the tributaries of such 
tidal waters and flats; provided, that nothing in said rules 
and regulations shall adversely affect any industry or any 
municipal sewerage system existing on January first, nine- 
teen hundred and forty-one, and that nothing contained 
herein shall affect other powers and duties of the depart- 
ment as defined by any general or special law. 

Approved June 18, 1941- 

An Act authorizing the making of hospital records Qfidj) 339 

BY the photographic OR MICRO-PHOTOGRAPHIC PROCESS, ^' 

the admissibility of SUCH RECORDS IN EVIDENCE, AND 
THE DISPOSAL OF CERTAIN HOSPITAL RECORDS. 

Be it enacted, etc., as follows: 

Section 1. Section seventy of chapter one hundred and gj^'^J'f- 
eleven of the General Laws, as amended by section five of § 70," etc..' 
chapter one hundred and ninety-four of the acts of the ^"'^''^^^■ 
current year, is hereby further amended by inserting after 
the word "same" in the seventh Hne the two following new 
sentences : — Such records may be made in handwriting, 
or in print, or by typewriting, or by the photographic or 
micro-photographic process, or by any combination of the 
same. Whenever pre-existing hospital records shall have 
been photographed or micro-photographed and the photo- 



356 



Acts, 1941. — Chap. 389. 



Hospital 
records. 

Inspection, 
copies. 



G. L. (Ter. 

Ed.). 233. 

§ 79, amended. 



Records. 



graphs or micro-photographs shall have been duly indexed 
and filed by the hospital, the person in charge 'of the hos- 
pital, upon notifying in writing the supervisor of public 
records referred to in chapter sixty-six, may destroy the 
original records so photographed or micro-photographed, 
and such photographs or micro-photographs shall have the 
same force and effect as the original records from which they 
were made, — so as to read as follows: — Section 70. Hos- 
pitals supported in whole or in part by contributions from 
the commonwealth or from any town, incorporated hospi- 
tals offering treatment to patients free of charge, and incor- 
porated hospitals conducted as pubhc charities shall keep 
records of the treatment of the cases under their care 
and the medical history of the same. Such records may be 
made in handwriting, or in print, or by typewriting, or by 
the photographic or micro-photographic process, or by 
any combination of the same. Whenever pre-existing hospi- 
tal records shall have been photographed or micro-photo- 
graphed and the photographs or micro-photographs shall 
have been duly indexed and filed by the hospital, the person 
in charge of the hospital, upon notifying in writing the 
supervisor of public records referred to in chapter sixty-six, 
may destroy the original records so photographed or micro- 
photographed, and such photographs or micro-photographs 
shall have the same force and effect as the original records 
from which they were made. Such records and similar 
records kept prior to April twentj'^-fifth, nineteen hundred 
and five, shall be in the custody of the person in charge of 
the hospital. Section ten of chapter sixty-six shall not 
apply to such records; provided, that upon proper judicial 
order, whether in connection with pending judicial proceed- 
ings or otherwise, or, except in the case of records of hospitals 
under the control of the department of mental health, upon 
order of the head of the state department having super- 
vision of such hospital, and in comphance with the terms of 
said order, such records may be inspected and copies fur- 
nished on payment of a reasonable fee. 

Section 2. Chapter two hundred and thirty-three of 
the General Laws is hereby amended by striking out sec- 
tion seventy-nine, as appearing in the Tercentenary Edi- 
tion, and inserting in place thereof the following section: — 
Section 79. Records kept by hospitals under section seventy 
of chapter one hundred and eleven shall be admissible as 
evidence in the courts of the commonwealth so far as such 
records relate to the treatment and medical history of such 
cases; but nothing therein contained shall be admissible 
as evidence which has reference to the question of liabiUty. 
Copies of photographic or micro-photographic records so 
kept by hospitals, when duly certified by the person in 
charge of the hospital, shall be admitted in evidence equally 
with the original photographs or micro-photographs. 

Approved June 18, 19Jf.l- 



Acts, 1941. — Chap. 390. 357 



An Act establishing non-partisan preliminary munici- Chap. 390 

PAL elections in THE CITY OF HOLYOKE. 

Be it enacted, etc., as folloivs: 

Section 1. On the fourth Tuesday preceding every bi- 
ennial municipal election in the city of Holyoke, and on the 
third Tuesday preceding every special municipal election in 
said city, at which any elective municipal office is to be 
filled, there shall be held, except as otherwise provided in 
section ten, a non-partisan preliminarj^ municipal election 
for the purpose of nominating candidates therefor. The 
polls at every such non-partisan preliminary municipal elec- 
tion shall be opened at twelve o'clock noon and remain open 
until eight o'clock in the evening of said day. 

Section 2. Except as is otherwise provided in said sec- 
tion ten, there shall not be printed on the official ballot to 
be used at any biennial or special municipal election in said 
city the name of any person as a candidate for any office 
unless such person has been nominated as such at a non- 
partisan preliminary municipal election, held as provided in 
this act. There shall not be printed on the official ballot 
for use at such non-partisan preliminary municipal election 
the name of any candidate for nomination at such election 
unless he shall have submitted, within the time limited and 
as provided by section three, the nomination paper therein 
described. 

Section 3. Any person who is qualified to vote at any 
biennial or special municipal election for a candidate for 
any elective municipal office in said city, and who is a 
candidate for nomination thereto, shall be entitled to have 
his name as such candidate printed on the official ballot to 
be used at a non-partisan preliminary municipal election for 
nomination therefor; provided, that he is a citizen of the 
United States of America and has been a resident of the 
city for at least two years prior to such biennial or special 
municipal election and that if he is a candidate to be voted 
for in a single ward he is a registered voter in the ward 
wherein he is a candidate; and provided, further, that on 
or before five o'clock in the afternoon of the eighth Tues- 
day preceding such biennial, or the sixth Tuesday preceding 
such special, municipal election there shall be submitted to 
the board of registrars of voters a nomination paper pre- 
pared and issued by the city clerk, wherein the candidate 
sets forth in writing his candidacy, and wherein the petition 
is signed in person by at least fifty, or, in case of a candidate 
for the office of mayor, by at least one hundred and fifty, 
voters of the city qualified to vote for a candidate for the 
said office, whose signatures are certified as hereinafter pro- 
vided; and provided, further, that in case any such Tues- 
day falls on a holiday such action may be taken on the 
following day. 



358 



Acts, 1941. — Chap. 390. 



Said nomination papers shall be in substantially the fol- 
lowing form : — 

Commonwealth of Massachusetts 

City of Holyoke 

nomination paper 

Statement of Candidate 

I ( ), hereby state that I am a citizen of 

the United States of America, that I have resided in the 
city of Holyoke for at least two years, that my present 
residence is (number, if any) on (name of street) in ward 
in said city, that I am a voter therein, qualified to 
vote for a candidate for the office hereinafter mentioned; 
that I am a candidate for the office of (name of office) to 
be voted for at the non-partisan preliminary municipal elec- 
tion to be held on Tuesday, the day of 
, nineteen hundred and , and 
I request that my name be printed as such candidate on 
the official ballot for use at said non-partisan preliminary 
municipal election. 

This statement is made under the penalties of per- 
jury. 

Signed this day of , .... 



Petition accompanying Statement of Candidate. 

Whereas (name of candidate) is a candidate for nomina- 
tion for the office of (state the office), we, the undersigned, 
voters of the city of Holyoke, duly qualified to vote for a 
candidate for said office, do hereby request that the name 
of said (name of candidate) as a candidate for nomination 
for said office be printed on the official ballot to be used at 
the non-partisan preliminary municipal election to be held 
on Tuesday, the day of , nineteen 

hundred and . We further state that we be- 

lieve him to be of good moral character and qualified to 
perform the duties of the office, and that we have not sub- 
scribed to more nominations of candidates for this office 
than there are persons to be elected thereto. 



Signatures of Nominators. 
(To be made in person.) 



Residence 
January 1. 



Ward. 



Precinct. 



Present 
Residence. 



No acceptance by the candidate for nomination named 
in the said nomination paper shall be necessary to its validity 
or its filing. The petition may be on one or more papers. The 
city clerk shall prepare, and shall issue on the next secular 



Acts, 1941.^ Chap. 390. 359 

day, or if such day falls on a holiday on the next following 
secular day, following the calling of a special non-partisan 
preliminary municipal election, nomination papers for each 
office to be voted for thereat. 

Section 4, After any such nomination paper has been 
submitted to said board of registrars of voters, hereinafter 
called the board, the board shall certify thereon the number 
of signatures which are the names of registered voters in said 
city qualified to sign the same. All such papers found not 
to contain a number of names so certified equivalent to the 
number required to make a nomination shall be invalid, and 
such papers shall be preserved by the board for one year. 
The board shall complete their certification on or before five 
o'clock in the afternoon of the sixth Tuesday preceding such 
biennial municipal election, or the fifth Tuesday preceding 
such special municipal election, and the board, or some mem- 
ber thereof, shall file with the city clerk on or before five 
o'clock in the afternoon of the next day all papers not found 
to be invalid as aforesaid. 

Section 5. On the first day, other than a legal holiday, 
following the expiration of the time for filing the above 
described nomination papers with the city clerk, he shall 
post in a conspicuous place in his office the names and resi- 
dences of the candidates for nomination who have duly 
qualified as such, as they are to appear on the official ballots 
to be used at the non-partisan preliminary municipal elec- 
tion, except as to the order of the names, which shall be 
drawn by lot by the city clerk within the seventy-two hours 
next succeeding five o'clock in the afternoon of the last day 
fixed for filing the nomination papers with him, and he shall 
cause the ballots, which shall contain said names in their 
order as drawn by him, and no others, with a designation of 
residence, and of the office, to be printed, and the ballots so 
printed shall be official and no others shall be used at the 
non-partisan preliminary municipal election. At any draw- 
ing for position on the ballot, each candidate shall have an 
opportunity to be present in person or by one representative. 
There shall be left at the end of the list of candidates for 
nomination for each office blank spaces equal in number to 
the number of persons to be nominated therefor, in which 
spaces the voter may insert the name of any person not 
printed on the ballot for whom he desires to vote for nomina- 
tion for such office, but the name of such person shall not be 
printed on the official ballot to be voted for at any biennial 
or special municipal election in said city unless such person 
is qualified to be nominated under the provisions of section 
three, and receives a number of votes at least equal to the 
number of signatures which is required to place his name on 
the ballot at such non-partisan preliminary municipal elec- 
tion as a candidate as aforesaid. There shall be printed on 
such ballots such directions as will aid the voter, as, for 
example: "vote for one", "vote for two", and the like, 
and the ballots shall be headed substantially as follows : — 



360 Acts, 1941. — Chap. 390. 



Official Preliminary Ballot. 

Candidates for nomination for the offices of (name of 
offices) in the city of Holyoke at a non-partisan prehminary 
municipal election to be held on the day of , 

in the year nineteen hundred and 

On the back and outside of each ballot when folded shall 
be printed the words "Official Ballot for Non-Partisan 
Preliminary Municipal Election", followed by the designa- 
tion of the ward, precinct or precincts for which the ballot 
is prepared, the date of the non-partisan preliminary munici- 
pal election and a facsimile of the signature of the city clerk. 

Section 6. No ballot used at any non-partisan prelim- 
inary municipal election in said city shall have printed 
thereon any party or political designation or mark, and there 
shall not be appended to the name of any candidate any 
such party or political designation or mark, or anything show- 
ing how he was nominated or indicating his views or opinions. 

Section 7. The board of aldermen shall determine on or 
before the ninth Tuesday preceding a biennial municipal 
election or on or before the seventh Tuesday preceding a 
special municipal election the question of holding the non- 
partisan preliminary municipal election by wards, precincts 
or groups of precincts; where the non-partisan preliminary 
municipal elections are held by precincts the regularly ap- 
pointed election officers shall serve; where the non-partisan 
preliminary municipal elections are held by wards or groups 
of precincts the citj'^ clerk shall designate which of the elec- 
tion officers shall serve as non-partisan preliminary munici- 
pal election officers. 

Section 8. The election officers shall, immediately upon 
the closing of the polls at non-partisan preliminary municipal 
elections, count the ballots and ascertain the number of votes 
cast in the several voting places for each candidate, and 
forthwith make return thereof upon blanks to be furnished, 
as in biennial municipal elections, to the city clerk, who shall 
canvass said returns and shall forthwith determine the result 
thereof, and post the same in a conspicuous place in his office. 

Section 9. If any person receives at any non-partisan pre- 
liminary municipal election a total vote equal to one more 
than a majority of the registered voters of the city or, in 
the case of a ward alderman or ward school committeeman, 
a total vote equal to one more than a majority of the regis- 
tered voters of the ward, he shall be deemed and declared 
to be elected to the office to which he was a candidate; 
otherwise the two persons receiving at a non-partisan pre- 
liminary municipal election the highest number of votes 
for nomination for any office, except one to which two or 
more persons are to be elected at the biennial or special 
municipal election following, and, as to each of such offices, 
the several persons in number equal to twice the number 
so to be elected receiving at such non-partisan preliminary 



Acts, 1941. — Chap. 390. 361 

municipal election the highest number of votes for nomina- 
tion for that office, shall, except as provided in this section 
and section ten, be the sole candidates for that office whose 
names may be printed on the official ballot to be used at 
the biennial or special municipal election at which such 
office is to be filled. 

If the non-partisan preliminary municipal election results 
in a tie vote among candidates for nomination to any office 
receiving the lowest number of votes, which, but for said tie 
vote, would entitle a person receiving the same to have his 
name printed upon the official ballot for the election, all can- 
didates participating in said tie vote shall have their names 
printed upon the official ballot, although in consequence 
there be printed thereon the names of candidates to a num- 
ber exceeding twice the number to be elected. 

Section 10. If at the expiration of the time for filing 
with the city clerk nomination papers for candidates to be 
voted for at any non-partisan preliminaiy municipal elec- 
tion there have not been filed with him more than twice as 
many such nomination papers for an office as there are 
persons to be elected to such office, the candidates whose 
nomination papers have thus been filed shall be deemed to 
have been nominated to said office, and their names shall be 
printed on the official ballot to be used at the biennial or 
special municipal election following, and the city clerk shall 
not print said names upon the ballot to be used at said 
non-partisan preliminary municipal election, and no other 
nomination to said office shall be made. If in consequence it 
shall appear that no names are to be printed upon the official 
ballot to be used at any non-partisan preliminary municipal 
election in any ward or wards of said city, no non-partisan 
preliminary municipal election shall be held in any such 
ward or wards. 

Section 11. Non-partisan preliminary municipal elec- 
tions in said city shall be subject to all general laws relative 
to elections, so far as the same are applicable thereto, except 
as otherwise expressly provided in this act. 

Section 12. No city or ward committee of any political 
party in said city shall indorse, favor or oppose the can- 
didacy of any nominee for elective municipal office. 

Section 13. So much of chapter four hundred and thirty- 
eight of the acts of eighteen hundred and ninety-six, chapter 
three hundred and fifty-five of the acts of nineteen hundred 
and twelve and chapter six hundred and eight of the acts 
of nineteen hundred and thirteen, and acts in amendment 
thereof and in addition thereto, or of any other special law 
relative to the city of Holyoke, as is inconsistent with this 
act is hereby repealed. 

Section 14. This act shall be submitted to the regis- 
tered voters of the city of Holyoke at the biennial municipal 
election in said city to be held 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 



362 



Acts, 1941. — Chap. 391. 



act passed by the general court in the year nineteen hundred 
and forty-one, entitled 'An Act establishing non-partisan 
preliminary municipal elections in the city of Holyoke', be 
accepted?" If the majority of the votes in answer to said 
question is in the affirmative, then this act shall take full 
effect for the biennial municipal election in said city in the 
year nineteen hundred and forty-three and for all munici- 
pal elections in said city thereafter, but not otherwise. 

Approved June 18, 1941- 



Chap.SQl An Act limiting the application of certain provisions 

OF LAW regulating BANKING COMPANIES. 



G. L. (Ter. 
Ed.), 172A, 
§ 1, etc., 
amended. 



Regulating 
corporations 
loaning money 
on the Morris 
plan, 80 called. 



Application 
of act. 



Effective 
date. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
seventy-two A of the General La