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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  =  0  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  Laws,  as  amended  by  section 
two  of  chapter  two  hundred  and  sixty-six  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out,  in  the  sixth  to  the  ninth  lines,  inclusive, 
the  words  ",  or  upon  any  similar  plan,  and  in  connection 
therewith  receives  or  proposes  to  receive  money  in  one  pay- 
ment or  in  instalments  upon  certificates  issued  by  it",  so 
as  to  read  as  follows:  —  Section  1.  Any  corporation  estab- 
lished under  chapter  one  hundred  and  fifty-six  which  has  an 
unimpaired  paid-in  capital  of  not  less  than  fifty  thousand 
dollars  and  is  conducting  or  proposes  to  conduct  within  the 
commonwealth  the  business  of  loaning  money  on  the  Morris 
plan,  so  called,  may  be  authorized  to  do  the  business  of  a 
banking  company  in  the  manner  and  subject  to  the  condi- 
tions and  limitations  specified  in  this  chapter;  provided, 
that  no  such  corporation  shall  be  authorized  to  do  such  busi- 
ness in  any  city  having  a  population  of  more  than  three 
hundred  thousand  unless  it  has  an  unimpaired  paid-in  capital 
of  not  less  than  two  hundred  thousand  dollars,  or  in  any 
city  having  a  population  of  more  than  one  hundred  thou- 
sand but  not  exceeding  three  hundred  thousand  unless  it  has 
an  unimpaired  paid-in  capital  of  not  less  than  one  hundred 
thousand  dollars. 

Section  2.  Nothing  in  this  act  shall  affect  any  corpora- 
tion authorized,  prior  to  the  effective  date  of  this  act,  under 
section  one  of  chapter  one  hundred  and  seventy-two  A  of  the 
General  Laws,  as  then  in  force,  to  do  the  business  of  a  banking 
company  in  the  manner  and  subject  to  the  conditions  and 
limitations  then  specified  in  said  chapter  one  hundred  and 
seventy-two  A. 

Section  3.  This  act  shall  take  effect  upon  January  first, 
nineteen  hundred  and  forty- two. 

Approved  June  18,  1941  • 


Acts,  1941.  — Chap.  392.  363 

An  Act  providing  for  an  adequate  water  supply  for  Chap.S92 

DOMESTIC  and  FIRE  PROTECTION  PURPOSES  AT  THE  BRISTOL 
COUNTY   AGRICULTURAL   SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  supplying  the  Bristol 
county  agricultural  school  with  pure  water  for  domestic 
and  other  purposes,  the  county  commissioners  of  Bristol 
county,  in  the  name  and  on  behalf  of  said  county,  may  take 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws,  or  by  purchase  or  otherwise,  and  hold,  the  waters 
of  any  underground  water  sources  by  means  of  wells,  filter 
galleries  or  other  works,  in  the  towns  of  Berkley  and  Dighton, 
not  already  appropriated  for  public  water  supply  purposes, 
and  the  water  rights  connected  with  any  such  water  sources ; 
and  for  said  purposes  may  take  as  aforesaid,  or  acquire  by 
purchase  or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
other  easements  necessary  for  collecting,  storing,  holding, 
purifying  and  treating  such  water  and  protecting  and  pre- 
serving the  purity  thereof  and  for  conveying  the  same  to 
said  school,  including  such  lands,  rights  of  way  and  other 
easements  as  may  be  necessary  for  constructing  and  main- 
taining a  pumping  station  and  electric  power  lines  to  supply 
power  thereto. 

Section  2.  For  the  purposes  aforesaid,  the  trustees  of 
the  Bristol  county  agricultural  school  may  construct  and 
maintain  on  the  lands  of  such  school,  whether  or  not  ac- 
quired and  held  under  this  act,  a  pumping  station,  may 
construct  and  maintain  a  line  for  the  transmission  of  elec- 
tricity for  furnishing  power  to  such  station,  including  the 
wires,  poles  and  conduits  necessary  therefor,  and  proper 
buildings,  fixtures  and  other  structures,  including  also  puri- 
fication and  treatment  works,  and  may  make  excavations, 
procure  and  operate  machinery  and  provide  such  other 
means  and  appliances  and  do  such  other  things  as  may  be 
necessary  for  the  establishment  and  maintenance  of  a  com- 
plete and  effective  water  system;  and  for  that  purpose  may 
erect  poles  and  wires,  and  construct  and  lay  conduits,  pipes 
and  other  works  over,  under  or  across  any  lands,  water 
courses  and  public  or  private  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purpose  of 
erecting,  constructing,  maintaining  and  repairing  poles, 
wires,  conduits,  pipes  and  other  works  and  for  all  other 
proper  purposes  of  this  act,  said  trustees  may  dig  up  any 
such  lands,  and,  under  the  supervision  of  the  selectmen  of 
the  towns  of  Berkley  and  Dighton,  respectively,  may  enter 
upon  and  dig  up  any  such  ways  in  said  towns  or  either  of 
them,  in  such  manner  as  to  cause  the  least  hindrance  to 
public  travel  thereon.  Said  trustees  shall  not  enter  upon, 
construct  or  lay  any  conduits,  pipes  or  other  works  within 
the  location  of  any  railroad  corporation  except  at  such  time 
^nd  in  such  manner  as  they  may  agree  upon  with  such  cor- 


364  ■  Acts,  1941.  — Chap.  393. 

poration  or,  in  case  of  failure  so  to  agree,  as  may  be  approved 
by  the  department  of  public  utilities.  Said  trustees  may 
enter  upon  any  lands  for  the  purpose  of  making  surveys, 
test  pits  and  borings,  and  may  take  or  otherwise  acquire  the 
right  to  occupy  temporarily  any  lands  necessary  for  the 
construction  of  any  works  or  for  any  other  purpose  author- 
ized by  this  act. 

For  the  purposes  aforesaid,  said  trustees  may  expend  a 
sum  or  sums,  not  exceeding,  in  the  aggregate,  thirty-five 
thousand  dollars. 

Section  3.  Said  trustees  are  hereby  authorized  to  pur- 
chase water  from,  or  to  sell  water  to,  the  South  Dighton 
Fire  and  Water  District;  and  such  district  is  hereby  author- 
ized to  purchase  water  from,  or  sell  water  to,  said  school. 

Section  4.  The  location  of  all  wells  and  filter  galleries, 
filtration  and  pumping  plants  or  other  works  necessary  in 
carrying  out  the  provisions  of  this  act  shall  be  subject  to 
the  approval  of  the  department  of  public  health. 

Section  5.  Any  person  injured  in  his  property  by  any 
taking  under  this  act  or  by  any  other  thing  done  under 
authority  thereof  may  recover  damages  therefor  from  the 
county  of  Bristol  under  said  chapter  seventy-nine. 

Section  6.  For  the  purposes  aforesaid,  the  county  treas- 
urer of  the  county  of  Bristol  with  the  approval  of  the  county 
commissioners,  may  borrow  from  time  to  time,  on  the  credit 
of  the  county,  such  sums  as  may  be  necessary,  not  exceed- 
ing, in  the  aggregate,  thirty-five  thousand  dollars,  and  may 
issue  bonds  or  notes  of  the  county  therefor,  which  shall  bear 
on  their  face  the  words,  Bristol  County  Agricultural  School 
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  said  county  and  countersigned 
by  a  majority  of  the  county  commissioners.  The  county 
may  sell  such  securities  at  public  or  private  sale,  and  the 
proceeds  shall  be  used  only  for  the  purposes  specified  in  this 
act.  Indebtedness  incurred  under  this  act  shall,  except 
as  herein  provided,  be  subject  to  chapter  thirty-five  of  the 
General  Laws. 

Section  7.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  the  county  commis- 
sioners of  Bristol  county,  but  not  otherwise. 

Approved  June  20,  1941. 

Chap.S9S  An  Act  authorizing  the  issuance  of  permits  to  the 

UNITED  STATES  OF  AMERICA  FOR  THE  USE  OF  CERTAIN 
AREAS  IN  STATE  FORESTS  FOR  NATIONAL  DEFENSE  PUR- 
POSES. 

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  United  States 
of  America  certain  state  forest  lands  for  military  uses,  there 


Acts,  1941.  — Chap.  394.  365 

fore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  con- 
venience and  safety. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  conservation  is  hereby  authorized, 
with  the  approval  of  the  governor  and  council,  to  issue 
permits  to  the  United  States  of  America  to  use,  for  defense 
purposes  during  the  present  national  emergency  only,  such 
areas  in  state  forests  as  may  be  designated  in  such  permits 
by  said  commissioner.  Approved  June  20,  19J^1. 


An  Act  further  regulating  the   powers  and  duties  Qhav  394 
OF  the  commission  on  interstate  co-operation  with 
respect  to  the  internal  management  thereof. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Section  twenty-one  of  chapter  nine  of  the  o.  l.  (Ter. 
General  Laws,  as  appearing  in  section  one  of  chapter  four  ^tc^! 'amended, 
hundred  and  four  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  amended  by  inserting  after  the  word  "chair- 
man" in  the  twenty-first  line  the  words:  —  and  the  vice- 
chairman,  —  and  by  inserting  after  the  word  "duties"  in 
the  twenty-fifth  line  the  following :  —  The  written  approval 
by  the  chairman  or  vice-chairman  and  four  other  members 
of  the  commission  of  bills  or  vouchers  for  necessary  expenses 
incurred  by  the  commission  shall  be  sufficient  to  authorize 
the  comptroller  to  certify  such  bills  or  vouchers,  —  so  as  to 
read  as  follows:  —  Section  21.  There  shall  be  in  the  depart-  Commission 
ment  of  the  state  secretary,  but  in  no  way  subject  to  his  co-oper"tio*n. 
control,  a  commission  on  interstate  co-operation,  in  this  and 
the  four  following  sections  called  the  commission.  The 
commission  shall  consist  of  nine  members  of  the  general 
court,  of  whom  three  shall  be  members  of  the  senate  desig- 
nated by  the  president  thereof  and  six  shall  be  members 
of  the  house  of  representatives  designated  by  the  speaker 
thereof,  one  of  the  commissioners  on  uniform  state  laws 
designated  by  said  commissioners,  the  chairman  or  a  mem- 
ber of  the  state  planning  board  designated  by  the  governor, 
and  four  persons,  who  may  be  state  officials,  appointed  by 
the  governor.  Members  appointed  by  the  governor  shall 
serve  at  his  pleasure.  Each  member  of  the  senate  or  house 
of  representatives  designated  as  a  member  of  the  commission 
shall  hold  office  for  the  term  of  four  years,  unless,  prior  to 
the  expiration  of  such  term,  he  shall  cease  to  be  a  member 
of  said  senate  or  house  of  representatives;  and,  in  any  such 
event,  the  resulting  vacancy  shall  be  filled  by  designation, 
for  the  remainder  of  the  unexpired  term,  made  in  the  same 
manner  as  an  original  designation.  The  chairman  and  the 
vice-chairman  of  the  commission  shall  be  elected  by  the 
commission.  The  members  of  the  commission  shall  serve 
without  compensation  but  shall  be  paid  their  necessary  ex- 


366 


Acts,  1941.  — Chap.  395. 


G.  L.  (Ter. 
Ed.),  9,  §  23, 
etc.,  amended. 


Duties  of 
commission. 


penses  incurred  in  the  performance  of  their  duties.  The 
written  approval  by  the  chairman  or  vice-chairman  and 
four  other  members  of  the  commission  of  bills  or  vouchers 
for  necessary  expenses  incurred  by  the  commission  shall  be 
sufficient  to  authorize  the  comptroller  to  certify  such  bills 
or  vouchers.  The  commission  may  employ  a  secretary  and 
such  other  assistants,  including  technical  experts,  as  may 
be  required  in  the  performance  of  its  duties. 

Section  2.  Section  twenty-three  of  said  chapter  nine, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
ninth  line,  the  word  "five"  and  inserting  in  place  thereof 
the  word :  —  three,  —  so  as  to  read  as  follows :  —  Section  23. 
It  shall  be  a  primary  function  of  the  commission  to  further 
the  participation  of  the  commonwealth  as  a  member  of  the 
council  of  state  governments,  both  regionally  and  nation- 
ally, to  confer  with  officials  of  other  states  and  of  the  fed- 
eral government,  to  formulate  proposals  for  co-operation  be- 
tween this  commonwealth  and  other  states,  and  with  the 
federal  government,  and  to  organize  and  maintain  facilities 
for  accomplishing  these  purposes.  The  commission  may 
delegate  not  more  than  three  of  its  members  to  attend  any 
interstate  conference  that  may  be  necessary  or  advisable 
in  the  conduct  of  its  negotiations.  The  commission  shall 
give  particular  attention  to  the  establishment  of  fair  and 
reasonable  standards  for  labor  and  industry,  including 
minimum  wages,  maximum  hours  of  labor,  conditions  of 
employment  of  women  and  minors  and  other  conditions 
and  standards  of  employment,  and  shall  also  consider  such 
questions  as  taxation  and  crime  prevention,  and  such  other 
subjects  as  may  from  time  to  time  be  referred  to  it  by  the 
governor  or  the  general  court.         Approved  June  20,  1941. 


G.  L.  (Ter. 
Ed.),  33,  §  65, 
etc.,  amended. 


C/iap.395  An  Act  authoeizing  the  Massachusetts  military  acad- 
emy TO  OFFER  to  SELECTED  ENLISTED  MEN  AND  COMMIS- 
SIONED OFFICERS  OF  THE  ORGANIZED  MILITIA  ITS  COURSES 
OF   INSTRUCTION. 

Be  it  enacted,  etc.,  asfolloivs: 

Paragraph  (a)  of  section  sixty-five  of  chapter  thirty-three 
of  the  General  Laws,  as  appearing  in  section  one  of  chapter 
four  hundred  and  twenty-five  of  the  acts  of  nineteen  hun- 
dred and  thirtj^-nine,  is  hereby  amended  by  striking  out,  in 
the  fourth  line,  the  words  "National  Guard"  and  inserting 
in  place  thereof  the  words :  —  organized  militia,  —  so  as  to 
read  as  follows :  — 

(a)  There  is  hereby  established  the  Massachusetts  Mili- 
tary Academy,  hereinafter  called  the  academy,  which  shall 
offer  to  selected  enhsted  men  and  commissioned  officers  of 
the  organized  mihtia  of  satisfactory  educational  and  mili- 
tary attainments  such  courses  of  instruction  to  prepare  them 
for  the  responsibility  of  commissioned  command  as  the  com- 
mander-in-chief may  prescribe.      Approved  June  20,  1941. 


Massachusetts 

Military 

Academy. 


Acts,  1941.  —  Chaps.  396,  397.  367 


An   Act   providing   that   the   department   of   public  Chav.S9Q 

HEALTH  SHALL  NOTIFY  LICENSEES  CONDUCTING  RECREA- 
TIONAL CAMPS,  OVERNIGHT  CAMPS  OR  CABINS  AND  TRAILER 
CAMPS  OF  THE  RESULTS  OF  CERTAIN  INSPECTIONS  MADE 
BY   SAID   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-two  B  of  chapter  one  hundred  and  forty  g.  l.  (Ter. 
of  the  General  Laws,  inserted  by  chapter  four  hundred  and  §  sJb.  etc., 
sixteen  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  amended, 
hereby  amended  by  inserting  after  the  word  "health"  in 
the  seventeenth  line  the  words :  —  and  such  licensee,  —  so 
as  to  read  as  follows: —  Section  32B.  The  board  of  health  ^1^^^^^^*"" 
of  any  city  or  town,  in  each  instance  after  notice  and  a  hear-  etc.,  camps, 
ing,  may  grant,  and  may  suspend  or  revoke,  licenses  for  rec-  **"• 
reational  camps,  overnight  camps  or  cabins  or  trailer  camps 
located  within  such  city  or  town,  which  license,  unless  pre- 
viously suspended  or  revoked,  shall  expire  on  December 
thirty-first  in  the  year  of  issue.  The  fee  for  such  license  shall 
be  fifty  cents.  Such  board  of  health  shall  at  once  notify 
the  state  department  of  public  health  of  the  granting  of  such 
a  license,  and  said  department  shall  have  jurisdiction  to  in- 
spect the  premises  so  licensed  to  determine  that  the  sources 
of  water  supply  and  the  works  for  the  disposition  of  the  sew- 
age of  such  premises  are  sanitary.  If  upon  inspection  of  such 
premises  said  department  finds  the  sources  of  water  supply 
to  be  polluted  or  the  works  for  the  disposition  of  the  sewage 
to  be  insanitary,  or  both  of  such  conditions,  said  department 
shall  forthwith  notify  such  board  of  health  and  such  licensee 
to  that  effect  by  registered  mail  and  said  board  shall  forth- 
with prevent  the  use  of  any  water  supply  found  by  said  de- 
partment to  be  polluted.  Unless  such  licensee  shall,  within 
thirty  days  following  the  giving  of  such  notice,  correct  the 
conditions  at  such  premises  to  the  satisfaction  of  both  said 
department  and  such  board  the  license  so  granted  shall  be 
suspended  or  revoked  by  such  board.  Any  license  so  sus- 
pended may  be  reinstated  by  such  board  when  the  condi- 
tions at  such  premises,  as  to  sources  of  water  supply  and 
works  for  the  disposition  of  sewage,  are  satisfactory  to  said 
department  and  such  board.  The  board  of  health  of  a  city 
or  town  may  adopt,  and  from  time  to  time  alter  or  amend, 
rules  and  regulations  to  enforce  this  section  in  such  city  or 
town.  Approved  June  20,  1941. 

An  Act  permitting  certain  fraternal  benefit  societies  nhni)  397 
TO  contract  with  insurance  companies  for  the  pay-  ^' 

ment  of  benefits. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-six  of"  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  forty-six  B  the  ^ctlon^^c,*"' 
following  new  section:  —  Section  46C.    Any  society  subject  added. 


368 


Acts,  1941.  —  Chaps.  398,  399. 


Contracts 
for  payment 
of  benefits. 


to  section  forty-six  may  provide  for  the  payment  of  any  part 
or  all  of  the  benefits  payable  to  its  members  by  such  society 
by  agreement  in  writing  with  an  insurance  company  for  the 
payment  of  such  benefits.  The  premiums  or  charge  for  such 
insurance  may  be  paid  from  the  periodical  or  other  payments 
by  members  of  such  society.  Approved  June  20,  191^1. 


Chap. 


G.  L.  (Ter. 
Ed.).  123. 
§  96,  etc., 
amended. 


Allowance  of 
guardian's, 
etc.,  accounts. 


398  An  Act  further  regulating  the  allowance  of  accounts 
of  guardians  and  conservators  of  inmates  of  cer- 
tain institutions  under  the  jurisdiction  of  the  de- 
partment of  mental  health,  and  relative  to  the 
collection   of   sums   due   for   the   support  of   such 

PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  ninety-six  of  chapter  one  hundred  and  twenty- 
three  of  the  General  Laws,  as  amended  by  section  forty-one 
of  chapter  three  hundred  and  fifty-one  of  the  acts  of  the 
current  year,  is  hereby  further  amended  by  striking  out  the 
third  paragraph,  as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following  paragraph ;  — 

No  account  of  any  guardian  or  conservator  of  such  an 
inmate  shall  be  allowed  except  after  notice  to  the  department 
or  upon  its  written  assent  or  waiver  of  notice.  If  the  probate 
court,  upon  application  of  the  department,  finds  that  any 
such  guardian  or  conservator  having  in  his  possession  or 
under  his  control  property  of  his  ward  exceeding  five  hun- 
dred dollars  in  value,  has  failed  to  pay,  within  three  months 
after  receipt  of  any  bill  therefor,  for  the  support  of  his  ward 
at  the  rate  determined  by  the  department  under  authority 
of  this  section,  said  court  may  make  an  order  for  the  pay- 
ment from  the  estate  of  such  amount  as  it  may  determine. 

Approved  June  20,  1941- 


C/iap. 399  An  Act  further  regulating  the  settlement  of  estates 

OF  absentees. 


G.  L.  (Ter. 

Ed.),  200. 

§  12,  amended. 


Compensation 
of  receivers, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  of  the  General  Laws 
is  hereby  amended  by  striking  out  section  twelve,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  section:  —  Section  12.  The  receiver 
shall  be  allowed  such  compensation  and  disbursements  as 
the  court  orders,  to  be  paid  out  of  said  property  or  proceeds. 
If  before  any  order  for  distribution  is  made  under  section 
thirteen,  such  absentee,  or  a  duly  appointed  administrator, 
executor,  assignee  in  insolvency  or  trustee  in  bankruptcy 
of  his  estate,  or  his  duly  appointed  guardian  or  conservator, 
appears  and  claims  said  property,  such  receiver  shall  ac- 
count for,  deliver  and  pay  over  to  such  absentee  or  legal 
representative  the  remainder  thereof,  after  making  such 
deductions  as  may  be  allowed  under  this  section  and  section 


Acts,  1941.  — Chap.  400.  369 

ten.  If  such  absentee  or  legal  representative  does  not  ap- 
pear and  claim  said  property  prior  to  any  such  order,  all  the 
right,  title  and  interest  of  such  absentee  in  said  property, 
real  or  personal,  or  the  proceeds  thereof  shall  cease,  except 
as  provided  in  section  thirteen,  and  no  action  shall  be  brought 
by  him  or  such  legal  representative  on  account  thereof. 

Section  2.     Said  chapter  two  hundred  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  sections  thirteen  and  fourteen,  as  §§i3indi4, 
so  appearing,  and  inserting  in  place  thereof  the  following  amended. 
new  section:  —  Section  13.     If  upon  the  expiration  of  four-  Distribution 
teen  years  after  the  date  of  the  disappearance  or  absconding  °^  f^ferty. 
as  found  and  recorded  by  the  court  or,  in  case  such  receiver 
is  not  appointed  within  thirteen  years  after  said  date,  upon 
the  expiration  of  one  year  after  the  date  of  the  appointment 
of  the  receiver,  the  remainder  of  said  property  has  not  been 
accounted  for,  delivered  or  paid  over  to  the  absentee  or  his 
legal  representative  under  section  twelve,  the  court  shall 
order  the  distribution  thereof  to  the  persons  to  whom,  and 
in  the  shares  and  proportions  in  which,  it  would  have  been 
distributed  if  said  absentee  had  died  intestate  within  the 
commonwealth  on  the  date  of  the  expiration  of  said  fourteen 
years  or  of  said  one  year,  as  the  case  may  be.     Said  re- 
mainder shall  accordingly  be  so  distributed  unless,  before 
such  distribution  is  completed,   the  absentee  or  his  legal 
representative  referred  to  in  section  twelve  appears   and 
claims  the  same,  in  which  case  the  court,  upon  the  petition 
of  the  receiver  or  such  absentee  or  legal  representative,  may 
make  such  further  order  relative  to  the  distribution  thereof 
as  it  deems  just  and  equitable.       Approved  June  20,  1941. 


An   Act   relative   to    certain   contracts   of   gas   and  C/iai). 400 

ELECTRIC    companies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  ninety-four  A  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  sixty-four  of  the  General  Laws,  as  appearing  in  §  94a,^^^' 
the  Tercentenary  Edition,  is  hereby  amended  by  striking  amended. 
out,  in  the  third  and  in  the  sixteenth  lines,  the  words  "two 
years"  and  inserting  in  place  thereof,  in  each  instance,  the 
words :  —  one  year,  —  so  as  to  read  as  follows :  —  Section  Approval  of 
94A.    No  gas  or  electric  company  shall  hereafter  enter  into  depanmeiu*' 
a  contract  for  the  purchase  of  gas  or  electricity  covering  a 
period  in  excess  of  one  year  without  the  approval  of  the  de- 
partment, unless  such  contract  contains  a  provision  subject- 
ing the  price  to  be  paid  thereunder  for  gas  or  electricity  to 
review  and  determination  by  the  department  in  any  pro- 
ceeding brought  under  section  ninety-three  or  ninety-four; 
provided,  that  nothing  herein  contained  shall  be  construed 
as  affectitig  a  contract  for  the  purchase  of  gas  or  electricitj' 
from  a  person  or  corporation  engaged  in  manufacturing, 
where  the  manufacture,  sale  or  distribution  of  gas  or  elec- 
tricity by  such  person  or  corporation  is  a  minor  portion  of 


370 


Acts,  1941.  — Chap.  401, 


G.  L.  (Ter. 
Ed.),  164, 
S94B, 
amended. 


Contracts  with 

affiliated 

companies. 


G.  L.  (Ter. 
Ed.).  164, 
new  section 
94E,  added. 


Notice  of 
termination 
of  contracts. 


his  or  its  business,  and  which  contract  is  made  in  connection 
with  a  contract  to  supply  such  person  or  corporation  with 
gas  or  electricity.  In  any  such  proceeding  the  department 
may  review  and  determine  the  price  to  be  thereafter  paid 
for  gas  or  electricity  under  a  contract  containing  said  pro- 
vision for  review.  Any  contract  covering  a  period  in  excess 
of  one  year  subject  to  approval  as  aforesaid,  and  which  is 
not  so  approved  or  which  does  not  contain  said  provision 
for  review,  shall  be  null  and  void. 

Section  2.  Section  ninety-four  B  of  said  chapter  one 
hundred  and  sixty-four,  as  so  appearing,  is  hereby  amended 
by  striking  out,  in  the  fourth  and  in  the  fifteenth  lines,  the 
words  "two  years"  and  inserting  in  place  thereof,  in  each 
instance,  the  words :  —  one  year,  —  so  as  to  read  as  fol- 
lows:—  Section  94B.  No  gas  or  electric  company  shall, 
without  the  approval  of  the  department,  hereafter  enter 
into  a  contract  with  a  company  related  to  it  as  an  affiliated 
company,  as  defined  in  section  eighty-five,  covering  a  period 
in  excess  of  one  year,  by  virtue  of  which  any  compensation 
is  to  be  paid  by  the  said  gas  or  electric  company  in  whole 
or  in  part  for  services  rendered  by  such  affiliated  company, 
unless  such  contract  contains  a  provision  subjecting  the 
amount  of  compensation  to  be  paid  thereunder  to  review 
and  determination  by  the  department  in  any  proceeding 
brought  under  section  ninety-three  or  ninety-four.  In  any 
such  proceeding  the  department  may  review  and  determine 
the  amount  of  compensation  to  be  thereafter  paid  under  a 
contract  containing  such  provision  for  review,  and,  if  it 
appears  that  the  amount  agreed  on  is  excessive,  the  de- 
partment may  declare  the  said  contract  to  be  terminated 
forthwith,  even  if  no  bad  faith  be  found.  Any  contract 
covering  a  period  in  excess  of  one  year,  subject  to  approval 
as  aforesaid,  and  which  is  not  so  approved  or  which  does  not 
contain  such  provision  for  review,  shall  be  null  and  void. 
Section  3.  Said  chapter  one  hundred  and  sixty-four  is 
hereby  further  amended  by  inserting  after  section  ninety- 
four  D,  inserted  by  chapter  two  hundred  and  forty-three  of 
the  acts  of  nineteen  hundred  and  thirty-six,  the  following 
new  section :  —  Section  94E.  A  gas  or  electric  company  re- 
quired to  file  any  contract  with  the  department  under  sec- 
tion ninety-four  shall,  unless  such  contract  terminates  at  a 
time  expressly  stated  therein,  notify  the  department  forth- 
with upon  the  termination  thereof. 

Approved  June  23,  1941' 


ChavAOl  An  Act  relative  to  the  penalty  for  certain  discrimina- 
tion in  the  issuance  or  execution  of  motor  vehicle 
liability  policies  and  bonds. 

Be  it  enacted,  etc.,  as  follows: 
G.  l.  (Ter.  Scctiou  One  hundred  and  thirteen  E  of  chapter  one  hun- 

?ii3E?etc..      dred  and  seventy-five  of  the  General  Laws,  inserted  by 

amended. 


Acts,  1941.  — Chap.  402,  371 

chapter  sixty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
four,  is  hereby  amended  by  adding  at  the  end  the  following 
new  sentence :  —  Whoever  violates   any  provision   of  this 
section  shall  be  punished  by  a  fine  of  five  hundred  dollars, 
—  so  as  to  read  as  follows: —  Section  USE.    No  insurance  Penalty  for 
company,  and  no  officer  or  agent  thereof  on  its  behalf,  shall  [sf^  motor 
refuse  to  issue  or  execute  as  surety  a  motor  vehicle  liability  vehicle  iia- 
policy  or  bond,  both  as  defined  in  section  thirty-four  A  of  or  bond! '°^ 
chapter  ninety,  because  of  the  race  or  color  of  the  applicant 
therefor.     Whoever  violates  any  provision  of  this  section 
shall  be  punished  by  a  fine  of  five  hundred  dollars. 

Approved  June  23,  1941. 


An  Act  establishing  a  merit  system,   substantially  ChapA02 

SIMILAR  TO  THE  CIVIL  SERVICE  SYSTEM,  FOR  CERTAIN 
OFFICERS  AND  EMPLOYEES  OF  LOCAL  BOARDS  OF  PUBLIC 
WELFARE,  TO  BE  ADMINISTERED  BY  THE  DIVISION  OF 
CIVIL  SERVICE,  AND  VALIDATING  ACTION  UNDER  THE  MERIT 
SYSTEM  INSTALLED  AND  ADMINISTERED  BY  THE  DEPART- 
MENT OF  PUBLIC  WELFARE  AT  THE  INSTANCE  OF  THE 
FEDERAL   SOCIAL   SECURITY    BOARD. 

Whereas,  The  federal  government  requires,  as  a  condi-  Emergency 
tion  precedent  to  the  continuance  of  the  granting  of  federal  ^^^^"^ 
funds  to  the  commonwealth  and  its  political  subdivisions 
for  old  age  assistance  or  aid  to  dependent  children,  that 
the  provisions  of  this  act  or  substantially  similar  provisions 
shall  become  operative  as  soon  as  may  be,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-one  of  the  General  Laws  is  g  l.  (Ter. 
hereby  amended  by  inserting  after  section  forty-seven  B,  sections '470* 
inserted  by  chapter  two  hundred  and  ninety  of  the  acts  of  ^dded^^' 
the  current  year,  the  two  following  new  sections:  —  '^^C"  Merit  system, 
tion  47c.     (1)  This  chapter,  and  the  rules  and  regulations  estabiish- 
made  thereunder,  shall  apply  to  all  positions  in  each  city  ^^^^ 
or  town  which  are  not  otherwise  subject  to  this  chapter  and 
the  duties  of  which  require  full  time  or  part  time  on  work 
under  the  charge  of  the  board  of  public  welfare  or  ofl[icer 
having  the  powers  and  duties  of  such  a  board,  except  the 
position  of  member  of  the  board  of  pubHc  welfare  or  of  any 
board  having  charge  of  a  bureau  of  old  age  assistance,  and 
except  the  position  of  any  officer  having  the  powers  and 
duties  of  a  board  of  public  weKare  when  such  position  is, 
or  is  to  be,  filled  by  popular  election.    As  used  in  this  sec- 
tion, the  words  "board  of  pubhc  welfare"  shall  include  any 
body,  however  named,  having  the  powers  and  duties  of  a 
board  of  public  welfare,  but  shall  not  include  a  board  of 
public  welfare  consisting  of  two  members  one  of  whom,  in 
the   management   of    the    municipal    welfare    department, 
acts  in  a  capacity  subordinate  to  that  of  the  other. 


372 


Acts,  1941.  — Chap.  402. 


Director, 
rules  and 
regulations. 


G.  L.  (Ter. 
Ed.).  31. 
§  2A,  etc., 
amended. 


Eligible 
lists. 


(2)  Each  person  appointed  to  or  employed  in  any  such 
position  subject  to  this  chapter,  whether  made  subject 
thereto  by  this  section  or  otherwise,  shall  have  unlimited 
tenure  of  such  position,  subject  otherwise  to  the  pertinent 
provisions  of  this  chapter. 

(3)  If  there  is  no  suitable  list  established  for  a  city  or 
town  of  persons  eligible  to  positions,  in  the  service  of  such 
city  or  town,  which  are  referred  to  in  this  section  and  made 
subject  to  this  chapter  by  this  section  or  otherwise,  the 
director  may  certify  from,  and  appointments  may  be  made 
from,  any  suitable  list  of  persons  eligible  to  such  positions 
established  for  a  district  in  which  such  city  or  town  is  sit- 
uated, notwithstanding  any  provision  of  law  requiring  that 
such  a  position  be  filled  by  a  person  domiciled  or  resident 
in  such  city  or  town.  Provisional  appointments  to  posi- 
tions referred  to  in  this  section  and  made  subject  to  this 
chapter  by  this  section  or  otherwise  shall  be  made  only 
after  certification  by  the  director  that  the  proposed  ap- 
pointee meets  the  minimum  qualifications  required. 

(4)  This  section  shall  apply  in  any  city  or  town  notwith- 
standing any  provision  of  special  law. 

Section  Jf.7D.  The  director  shall  establish,  with  the  ap- 
proval of  a  board  consisting  of  the  commissioner  of  public 
welfare,  the  chairman  of  the  civil  service  commission  and 
the  director  of  accounts,  ex  officiis,  a  compensation  plan 
for  holders  of  positions  referred  to  in  section  forty-seven  C 
and  made  subject  to  this  chapter  by  said  section  or  other- 
wise. The  director  may,  with  like  approval,  make  rules 
and  regulations  providing  for  the  application  and  adminis- 
tration of  said  compensation  plan.  The  director,  with  like 
approval,  may  from  time  to  time  modifj^  or  change  said 
compensation  plan  or  said  rules  and  regulations.  Any 
holder  of  such  a  position  objecting  to  any  provision  of  such 
plan,  or  any  action  taken  in  connection  therewith,  which 
afTects  his  office  or  position,  may  appeal  in  writing  to  said 
board  and  shall  be  entitled  to  a  hearing,  after  due  notice, 
upon  such  appeal.    The  decision  of  said  board  shall  be  final. 

Section  2.  Section  two  A  of  said  chapter  thirty-one  is 
hereby  amended  by  striking  out  clause  (e),  as  appearing  in 
section  eleven  of  chapter  two  hundred  and  thirty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  and  inserting 
in  place  thereof  the  following  clause :  — 

(e)  Establish  eligible  lists  and  certify  the  names  of  per- 
sons eligible  for  public  positions  and  employments  upon 
the  requisition  of  the  proper  appointing  authority  of  the 
commonwealth  or  of  any  city  or  town  subject  to  the  pro- 
visions of  this  chapter,  and  such  lists  for  positions  referred 
to  in  section  forty-seven  C  and  made  subject  to  this  chap- 
ter by  said  section  or  otherwise  may  be  established,  accord- 
ing to  the  results  of  state-wide  examinations,  on  the  basis 
of  the  respective  cities  and  towns  where  the  positions  are  to 
be  filled  and,  on  the  basis  of  districts  in  which  the  cities  and 
towns  are  respectively  situated; 


Acts,  1941.  — Chap.  402.  373 

Section  3.     Said  chapter  thirty-one  is  hereby  further  G.  l.  (Xer. 
amended   by  striking   out  section   five,   as  most   recently  etc!,  amended, 
amended  by  section  fourteen  of  said  chapter  two  hundred 
and  thirty-eight,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  5.    No  rule  made  by  the  commission  Application 
shall  apply  to  the  selection  or  appointment  of  any  of  the  °  ^^'^^' 
following:  — 

Judicial  officers;  officers  elected  by  the  p'eople  or,  except 
as  otherwise  expressly  provided  in  this  chapter,  by  a  city 
council;  officers  whose  appointment  is  subject  to  confirma- 
tion by  the  executive  council;  officers  whose  appointment 
is  subject  to  confirmation  by  the  city  council  of  any  city, 
except  those  expressly  made  subject  to  this  chapter  by  sec- 
tion forty-seven  C;  officers  whose  appointment  is  subject 
to  the  approval  of  the  governor  and  council;  officers  elected 
by  either  branch  of  the  general  court  and  the  appointees  of 
such  officers;  heads  of  principal  departments  of  the  com- 
monwealth or  of  a  city  except  as  otherwise  provided  by  sec- 
tion four  or  as  otherwise  required  by  section  forty-seven  C; 
directors  of  divisions  authorized  by  law  in  the  depart- 
ments of  the  commonwealth,  except  those  expressly  made 
subject  to  this  chapter;  employees  of  the  state  treasurer 
appointed  under  section  five  of  chapter  ten,  employees  of 
the  commissioner  of  banks,  and  of  the  treasurer  and  col- 
lector of  taxes  of  any  city ;  two  employees  of  the  city  clerk 
of  any  city;  public  school  teachers;  secretaries  and  con- 
fidential stenographers  of  the  governor,  or  of  the  mayor  of 
any  city;  clerical  employees  in  the  registries  of  probate  of 
all  the  counties;  police  and  fire  commissioners  and  chief 
marshals  or  chiefs  of  police  and  of  fire  departments,  except 
as  provided  in  section  forty-nine;  and  such  others  as  are 
by  law  exempt  from  the  operation  of  this  chapter. 

Section  4.     Every  person  on  the  effective  date  of  this  Temporary 
act  holding  a  position  referred  to  in  section  one  and  made  p''°'^»^i°"^- 
subject  to  chapter  thirty-one  of  the  General  Laws  other-  '^'''"^®- 
wise  than  by  section  one  who  does  not  have  unlimited  tenure 
of  such  position  as  provided  in  said  section  shall  from  said 
date  have  unlimited  tenure  thereof  as  aforesaid. 

Section  5.  Every  person  on  said  effective  date  holding  Temporary 
a  position  referred  to  in  section  one  and  made  subject  to  p''°^>^*°"8- 
said  chapter  thirty-one  by  said  section  one  who  was  an 
incumbent  thereof  on  April  fifteenth,  nineteen  hundred  and 
forty,  and  has  taken  a  quahfying  examination  pursuant  to 
the  provisions  of  "Rules  for  a  Merit  System  in  Massachusetts 
covering  Old  Age  Assistance  and  Aid  to  Dependent  Chil- 
dren" promulgated  by  the  department  of  public  welfare, 
a  copy  of  which  is  on  file  in  the  office  of  the  state  secretary, 
shall,  from  said  effective  date,  have  unlimited  tenure  thereof 
as  provided  in  said  section  one,  subject  to  the  condition 
that  if  he  fails  to  pass  said  examination  his  position,  if  not 
previously  vacated,  shall  thereupon  become  vacant. 

Section  6.     Every  person  on  said  effective  date  holding  Temporary 
a  position  referred  to  in  section  one  and  made  subject  to  p"'°^'s'°'^8- 


374 


Acts,  1941.  — Chap.  403. 


Temporary 
provisions. 


Effect  of 
prior  acts. 


Effective 
date. 


said  chapter  thirty-one  by  said  section  one,  who  was  per- 
manently appointed  thereto  or  employed  therein  to  fill  a 
vacancy  occurring  after  April  fifteenth,  nineteen  hundred 
and  forty,  pursuant  to  the  provisions  of  the  rules  referred 
to  in  section  five,  shall  from  said  effective  date  have  un- 
hmited  tenure  of  such  position  as  provided  in  section  one. 

Section  7.  Every  person  on  said  effective  date  holding 
a  position  referred  to  in  section  one  and  made  subject  to 
said  chapter  thirty-one  by  said  section  one,  other  than  per- 
sons holding  provisional  appointments  under  said  rules 
and  other  than  persons  referred  to  in  sections  five  and  six, 
shall,  from  said  effective  date,  have  unlimited  tenure  thereof 
as  provided  in  section  one;  provided,  that  the  director  of 
civil  service  shall,  as  soon  as  may  be,  require  him  to  take  a 
qualifying  examination  for  such  position  and  that  if  he  fails 
to  take  or  to  pass  said  examination  his  position,  if  not  pre- 
viously vacated,  shall  thereupon  become  vacant. 

Section  8.  In  carr3'ing  out  the  provisions  of  this  act, 
any  classification  or  list,  or  any  act  made  or  done  pursuant 
to  the  provisions  of  the  rules  referred  to  in  section  five,  shall 
have  the  same  standing  and  effect  as  if  it  had  been  made 
or  done  under  said  chapter  thirty-one,  as  amended  by  this 
act,  and  the  rules  and  regulations  made  under  said  chapter. 

Section  9.  Section  one  of  this  act  shall  become  opera- 
tive on  the  effective  date  thereof  without  provision  being 
made  by  rule  for  including  within  the  classified  civil  service 
positions  made  subject  to  said  chapter  thirty-one  by  said 
section  one.  Approved  June  24,  1941. 


Emergency 
preamble. 


Chap. 4.03  An  Act  relative  to  an  acting  director  of  civil  service. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  in  part  to  provide  an  oflicer 
to  take  the  place  of  the  director  of  civil  service  during  a 
temporary  absence  that  may  occur  less  than  ninety  days 
after  the  passage  of  this  act,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  pro- 
tection of  the  public  convenience. 


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


Acting 
director. 


Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  thirteen  of  the  General  Laws,  as 
amended  by  section  two  of  chapter  two  hundred  and  thirty- 
eight  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 
hereby  further  amended  by  inserting  after  the  second  para- 
graph the  following  new  paragraph :  — 

The  director,  if  his  action  is  supported  by  four  affirmative 
votes  of  the  commission,  may  designate  some  person  within 
the  division  as  acting  director  of  civil  service,  to  perform 
the  duties  of  the  director  during  his  temporary  absence  or 
disability.  Such  acting  director  shall  not  receive  any  addi- 
tional compensation  therefor.         Approved  June  24,  1941. 


Acts,  1941.  —  Chaps.  404,  405.  375 


An  Act  relative  to  visitations  by  the  department  of  (JJiav  404 

PUBLIC  WELFARE  OF  CERTAIN   PERSONS  RECEIVING  PUBLIC 
AID. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred   and   twenty-one   of  the   General  g^^-  {J^^'^j  ^ 
Laws  is  hereby  amended  by  striking  out  section  seven,  as  etc., 'amended', 
most  recently  amended  by  section  twelve  of  chapter  three 
hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following :  — 
Section  7.    The  department  may,  at  any  time,  visit  all  places  visitations, 
where  persons  who  have  no  legal  settlement  are  supported, 
and  ascertain  from  actual  examination  and  inquiry  whether 
the  laws  relative  to  such  persons  are  properly  observed,  par- 
ticularly in  relation  to  such  as  are  able  to  labor;   and  shall 
give  such  directions  as  will  insure  correctness  in  the  returns 
required  in  relation  to  persons  aided;    and  may  use  neces- 
sary means  to  collect  information  relative  to  their  support. 
It  shall  visit  the  Tewksbury  state  hospital  and  infirmary 
and  the  Lyman  school  for  boys,  for  the  purpose  of  inspec- 
tion, at  least  once  a  month,  and,  by  women  appointed  for 
the  purpose,  may  at  all  hours  of  the  day  or  night  have  ac- 
cess to  the  portions  of  said  first  mentioned  institution  occu- 
pied by  the  women  or  children  there  maintained  at  public 
expense,  and  may  require  from  the  officers  of  said  institu- 
tions information  concerning  the  condition  and  treatment 
of  the  inmates.     It  shall  visit  all  infirmaries  maintained  in 
towns.    It  shall  visit  and  inspect,  at  least  once  a  year,  every 
wayfarers'  lodge  and  every  public  lodging  house  in  the  com- 
monwealth, and  for  this  purpose  may  enter  upon  any  prem- 
ises where  such  lodge  or  lodging  house  is  maintained  at  any 
time  of  the  day  or  night.    It  shall  upon  the  request  or  with 
the  consent  of  a  charitable  corporation  which,  under  section 
twelve  of  chapter  one  hundred  and  eighty,  is  required  to 
make  an  annual  report  to  said  department,  at  least  once  a 
year,  visit  and  inspect  the  institution  or  investigate  the 
work  of  such  corporation.    It  may  visit  and  inspect  all  places 
where  persons  are  supported  in  families  by  towns. 

Approved  June  24,  1941. 


An  Act  changing  the  method  of  reimbursement  by  the  fihnr)  405 

COMMONWEALTH  ON  ACCOUNT  OF  AID  RENDERED  BY  CITIES  ^" 

AND  TOWNS  TO  DEPENDENT  CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eighteen  of  the  General  Laws  is  g.  l.  (Ter 
hereby  amended  by  striking  out  section  six,  as  appearing  in  ^tc.!'amfnded'. 
section  one  of  chapter  four  hundred  and  thirteen  of  the  acts 
of  nineteen  hundred  and  thirty-six,  and  inserting  in  place 
thereof  the  following  section :  —  Section  6.    In  respect  to  all  ^^^^^^^ 
sums  disbursed  for  aid  under  this  chapter,  the  town  dis-  ""^ 


376 


Acts,  1941.  — Chap.  406. 


bursing  the  same  shall  submit,  on  forms  established  by  the 
department,  statements  of  sums  so  disbursed  by  said  town 
and,  if  such  expenditure  has  been  approved  by  the  depart- 
ment, shall  be  reimbursed  by  the  commonwealth,  to  the 
extent  of  the  moneys  received  by  it  from  the  federal  govern- 
ment on  account  of  such  disbursements,  under  the  provisions 
of  the  federal  social  security  act,  as  amended,  and  also  for 
one  third  of  the  total  amount  disbursed. 

Approved  June  24,  1941  • 


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


Approval  and 
payment  of 
accounts. 


C/iap. 406  An  Act  relative  to  the  date  of  rendering  certain 

ACCOUNTS    for    STATE    REIMBURSEMENT    ON    ACCOUNT    OF 
certain  PUBLIC  AID. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-two  of  chapter  one  hundred  and  twenty-one 
of  the  General  Laws,  as  amended  by  section  twenty-two  of 
chapter  one  hundred  and  eighty  of  the  acts  of  nineteen  hun- 
dred and  thirty-two,  is  hereby  further  amended  by  striking 
out,  in  the  eighth  and  ninth  lines,  the  words  ",  section  six  of 
chapter  one  hundred  and  eighteen",  —  by  striking  out,  in 
the  eleventh  line,  the  word  "October"  and  inserting  in  place 
thereof  the  word :  —  September,  —  and  by  inserting  before 
the  word  "town",  in  the  seventeenth  and  in  the  nineteenth 
lines,  in  each  instance,  the  words :  —  city  or,  —  so  as  to  read 
as  follows :  —  Section  42.  All  accounts  against  the  common- 
wealth for  allowances  to  counties,  cities  and  towns  on  ac- 
count of  moneys  paid  for  which  they  are  entitled  to  reim- 
bursement by  the  commonwealth  under  the  provisions  of 
section  five  of  chapter  one  hundred  and  two,  section  one 
hundred  and  sixteen  of  chapter  one  hundred  and  eleven, 
sections  seventeen  and  eighteen  of  chapter  one  hundred  and 
seventeen  and  sections  fifteen  and  eighteen  of  chapter  one 
hundred  and  twenty-two  shall  be  rendered  to  the  depart- 
ment on  or  before  the  first  day  of  September  annually,  and 
shall  be  for  the  twelve  months  ending  on  the  thirtieth  day 
of  June  preceding,  and,  if  rendered  as  aforesaid,  approved 
by  the  department  and  certified  by  the  comptroller  but  not 
otherwise,  shall  be  paid  by  the  commonwealth;  provided, 
however,  that  such  accounts  for  the  twelve  months  afore- 
said for  allowances  to  a  city  or  town,  if  rendered  at  any 
time  prior  to  the  sixtieth  day  after  the  close  of  the  current 
fiscal  year  of  the  city  or  town,  may  be  received  and,  in  the 
discretion  of  the  department  and  upon  certification  by  the 
comptroller,  be  allowed  and  paid  when  an  appropriation 
therefor  has  been  made.  Failure  to  comply  with  the  rules 
and  regulations  of  the  department  shall  be  ground  for  dis- 
approval of  any  account.  Approved  June  24,  1941- 


Acts,  1941.  — Chap.  407.  377 


An  Act  providing  for  biennial  municipal  elections  in  ChavA07 

THE  city  of  TAUNTON,  CHANGING  THE  NUMBER  AND  MAN- 
NER OF  ELECTING  THE  MEMBERS  OF  ITS  MUNICIPAL  COUN- 
CIL, AND  CHANGING  THE  TERMS  OF  THE  MEMBERS  OF  ITS 
SCHOOL   COMMITTEE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  three  of  chapter  four  hundred  and 
forty-eight  of  the  acts  of  nineteen  hundred  and  nine,  as 
amended  by  section  one  of  chapter  two  hundred  and  fifty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-four,  is 
hereby  further  amended  by  striking  out,  in  the  third  Hne, 
the  word  "thirteen"  and  inserting  in  place  thereof  the  word: 
—  nine,  —  so  as  to  read  as  follows :  —  Section  3.  The  mu- 
nicipal officers  to  be  elected  at  city  elections  shall  be  the 
mayor;  members  of  a  single  council,  to  consist  of  nine  mem- 
bers, to  be  called  the  municipal  council;  and  members  of 
the  school  committee.  The  said  municipal  officers  shall  be 
elected  at  the  times  and  in  the  manner  hereinafter  specified. 

Section  2.  Said  chapter  four  hundred  and  forty-eight 
is  hereby  further  amended  by  striking  out  section  four,  as 
amended  by  section  two  of  said  chapter  two  hundred  and 
fifty-three,  and  inserting  in  place  thereof  the  following:  — 
Section  4-  At  the  regular  city  election  in  the  year  nineteen 
hundred  and  forty-three,  and  at  the  biennial  city  election 
in  every  second  year  thereafter,  there  shall  be  elected,  by 
and  from  the  qualified  voters  of  the  entire  city,  a  mayor, 
nine  councilmen  and  a  school  committee  of  nine  members. 

Section  3.  Said  chapter  four  hundred  and  forty-eight 
is  hereby  further  amended  by  striking  out  section  five  and 
inserting  in  place  thereof  the  following  section:  —  Section  5. 
On  the  third  Tuesday  preceding  every  biennial  or  special 
city  election  at  which  any  officer  mentioned  in  section  four 
is  to  be  elected,  there  shall  be  held  a  preliminary  election  or 
caucus  for  the  purpose  of  nominating  candidates  for  such 
offices  as,  under  the  provisions  of  this  act,  are  to  be  filled 
at  such  biennial  or  special  election. 

Section  4.  Section  ten  of  said  chapter  four  hundred  and 
forty-eight,  as  amended  by  section  three  of  said  chapter  two 
hundred  and  fifty-three,  is  hereby  further  amended  by  strik- 
ing out,  in  the  tenth  Hne,  the  word  "four"  and  inserting  in 
place  thereof  the  word :  —  three,  —  by  striking  out,  in  the 
twelfth  line,  the  word  "seven"  and  inserting  in  place  thereof 
the  word :  —  five,  —  and  by  striking  out,  in  the  fourteenth 
Hne,  the  word  "eight"  and  inserting  in  place  thereof  the 
word :  —  six,  —  so  as  to  read  as  follows :  —  Section  10.  A  ma- 
jority of  the  members  of  the  municipal  council  shall  con- 
stitute a  quorum.  Its  meetings  shall  be  public,  and  the 
mayor,  if  present,  shall  preside.  The  municipal  council  shall 
elect  a  president,  who  shaH  hold  office  during  the  pleasure 
of  the  council,  and  who  shall  preside  in  the  absence  of  the 
mayor.     In  the  absence  of  both,  a  chairman  pro  tempore 


378  Acts,  1941.  — Chap.  407. 

shall  be  chosen.  The  city  clerk  shall  be,  ex  officio,  clerk  of 
the  municipal  council,  and  shall  keep  the  records  of  its  pro- 
ceedings. All  votes  of  the  council  shall  be  by  yeas  and  nays, 
if  three  members  so  request,  and  shall  be  entered  upon  the 
records.  The  affirmative  vote  of  at  least  five  members  shall 
be  necessary  for  the  passage  of  any  order,  ordinance,  resolu- 
tion or  vote  and  it  shall  require  six  votes  to  pass  an  order 
over  the  mayor's  veto. 

Section  5.  Section  sixteen  of  said  chapter  four  hundred 
and  forty-eight,  as  amended  by  section  four  of  said  chapter 
two  hundred  and  fifty-three,  is  hereby  further  amended  by 
striking  out,  in  the  third  line,  the  word  "four"  and  insert- 
ing in  place  thereof  the  word :  —  three,  —  so  as  to  read  as 
follows: — Section  16.  The  municipal  council  shall  meet 
not  less  than  once  each  week.  The  mayor,  president  of  the 
council,  or  any  three  members  thereof,  may,  at  any  time, 
call  a  special  meeting  thereof. 

Section  6.  If  this  act  is  accepted  as  provided  by  section 
seven,  the  members  of  the  school  committee  elected  at  the 
regular  municipal  election  of  the  city  of  Taunton  to  be  held 
in  the  year  nineteen  hundred  and  forty-one  shall  hold  office 
only  until  the  qualification  of  their  successors  who  shall  be 
elected  at  the  regular  municipal  election  of  said  city  to  be 
held  in  the  year  nineteen  hundred  and  forty-three.  At  the 
regular  municipal  election  of  said  city  to  be  held  in  the  year 
nineteen  hundred  and  forty-two,  the  members  of  the  munici- 
pal council  and  of  the  school  committee  to  be  elected  thereat 
shall  be  elected  for  terms  of  one  year  each. 

Section  7.  This  act  shall  be  submitted  for  acceptance  to 
the  qualified  voters  of  the  city  of  Taunton  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 
Taunton,  changing  the  Number  and  Manner  of  Electing  the 
Members  of  its  Municipal  Council,  and  changing  the  Terms 
of  the  Members  of  its  School  Committee',  be  accepted?" 
If  a  majority  of  the  votes  cast  on  said  question  is  in  the 
affirmative,  section  six  shall  thereupon  take  full  effect,  and 
sections  one  to  five,  inclusive,  shall  take  effect  on  the  first 
Monday  of  January,  nineteen  hundred  and  forty-four,  ex- 
cept that  so  much  as  relates  to  the  nomination  and  election 
of  municipal  officers  shall  take  effect  for  the  nomination 
and  election  of  such  officers  in  the  year  nineteen  hundred 
and  forty-three.  Approved  June  S^,  1941. 


Acts,  1941.  —  Chaps.  408,  409.  379 

An  Act  further  regulating  the  taking  and  holding  (Jfiar)  408 

BY    THE    TOWN    OF    "WEST    SPRINGFIELD    OF   WATER    WITHIN 
the    town    of    SOUTHWICK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  two  hundred  and  six 
of  the  acts  of  eighteen  hundred  and  ninety-three,  as  amended 
by  section  one  of  chapter  ten  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  is  hereby  further  amended  by  adding  at  the 
end  the  following  new  paragraph :  — 

Nothing  in  this  section  shall  be  construed  to  authorize 
said  town  of  West  Springfield  to  take  directly  any  surface 
water  or  to  install  an  impounding  reservoir  within  said 
town  of  Southwick. 

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

Approved  June  25,  1941- 


ChapAOQ 


An  Act  further  regulating  the  retirement  allow- 
ances of  certain  employees  of  certain  cities,  towns 
and  districts  who  were  formerly  employed  thereby 

AS  linemen. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-nine  of  chapter  thirty-two  of  G-  l  (Ter. 
the  General  Laws,  as  most  recently  amended  by  sections  six  etc., 'amended', 
to  eight,  inclusive,  of  chapter  three  hundred  and  sixty  of 
the  acts  of  nineteen  hundred  and  thirtj^-eight,  is  hereby 
further  amended  by  adding  after  paragraph  (2)  (/),  as  ap- 
pearing in  section  one  of  chapter  three  hundred  and  eighteen 
of  the  acts  of  nineteen  hundred  and  thirty-six,  the  following 
new  paragraph :  — 

(g)  If  a  lineman  in  the  employ  of  a  city  or  town,  or  of  a  Conditions 
district  which  has  accepted  sections  twenty-six  to  thirty-  ^°^  allowance, 
one  H,  inclusive,  in  the  manner  provided  by  law,  who  has 
been  actually  employed  by  such  city,  town  or  district  in 
chmbing  poles,  in  erecting  or  repairing  wire  circuits  or  in 
the  construction  and  maintenance  of  electric  power  lines, 
for  a  period  of  at  least  fifteen  years,  ceases  to  serve  as  such 
lineman  and  thereupon  accepts  a  position  in  the  service  of 
the  same  city,  town  or  district  at  a  rate  of  compensation 
lower  than  that  received  by  him  as  such  lineman  and  subse- 
quently retires  or  is  retired,  his  life  annuity  under  paragraph 
(a)  of  this  subdivision,  and  his  pension  and  total  retirement 
allowance  under  the  other  provisions  of  this  subdivision, 
shall  be  the  same  as  if  he  had  received,  from  the  time  when 
he  ceased  to  serve  as  a  lineman  as  aforesaid  until  the  time 
of  his  retirement,  compensation  at  his  average  rate  of  regu- 
lar annual  compensation  for  the  last  five  years  of  his  service 
as  such  lineman,  and,  in  order  to  enable  such  annuity  to  be 
paid,  the  department  or  district  in  which  he  served  as  such 
lineman  shall  pay  into  the  annuity  savings  fund  the  differ- 


380 


Acts,  1941.  —  Chaps.  410,  411. 


G.  L.  (Ter. 
Ed.),  32, 
§  31E,  etc., 
amended. 

Accumulated 
deductions. 


ence  between  the  sums  which  would  have  been  withheld 
from  his  compensation  during  the  period  aforesaid,  if  he 
had  received  during  said  period  compensation  at  the  aver- 
age rate  of  regular  compensation  aforesaid,  and  the  sums 
actually  so  withheld  during  said  period. 

Section  2.  Section  thirty-one  E  of  said  chapter  thirty- 
two,  as  so  appearing,  is  hereby  amended  by  adding  at  the 
end  the  following  new  paragraph:  — 

(4)  When  any  payment  is  made  under  this  chapter  by  a 
city,  town  or  district  subject  thereto  to  a  person  formerly 
employed  by  it  as  a  lineman  and  subsequently  employed  by 
it  in  another  capacity,  or,  on  account  of  such  person,  to  his 
beneficiaries  or  to  his  estate,  under  any  provision  of  sections 
twenty-six  to  thirty-one  H,  inclusive,  so  much  of  any  sum 
paid  into  the  annuity  savings  fund  by  said  city,  town  or 
district  as  was  paid  in  compliance  with  section  twenty-nine 
(2)  (g)  shall  not  be  paid  to  or  on  account  of  such  person 
but  shall  become  a  part  of  the  pension  reserve  fund  of  the 
system.  Approved  June  S5,  194-1  ■ 


ChapAlO  An  Act  requiring  the  posting  of  notices  by  certain 

EMPLOYERS    NOT    COVERING    THEIR    EMPLOYEES    BY    WORK- 
MEN'S  COMPENSATION   INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  nineteen  A,  in- 
serted by  chapter  three  hundred  and  fiftj^-nine  of  the  acts 
of  nineteen  hundred  and  thirty-five,  the  following  new  sec- 
tion: —  Section  19B.  Every  employer  of  more  than  four 
employees  who  is  subject  to  this  chapter,  but  is  not  an  in- 
sured person  as  defined  by  section  one,  shall  post  and  keep 
posted  a  notice  in  such  form  and  in  such  manner  as  shall  be 
determined  by  the  department,  stating  that  the  employees 
of  such  employer  are  not  covered  by  workmen's  compensa- 
tion insurance.  Any  such  employer  who  knowingly  and  wil- 
fully violates  this  section  shall  be  punished  by  a  fine  of  not 
less  than  fifty  or  more  than  one  hundred  dollars.  This  sec- 
tion shall  not  apply  in  case  of  failure  of  an  employer  to  cover 
domestic  servants  or  farm  laborers  by  such  insurance. 

Approved  June  25,  1941. 


G.  L.  (Ter. 
Ed.),  152. 
new  section 
19B,  added. 


Notices, 
posting  of. 


Chap  All  An  Act  including  employees  of  certain  free  public 

LIBRARIES  IN  THE  CONTRIBUTORY  RETIREMENT  SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-six  of  chapter  thirty-two  of 
the  General  Laws,  as  most  recently  amended  by  section  four 
of  chapter  four  hundred  and  sixty-four  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out  the  definition  of  the  word  "Employee"  and 


G.  L.  (Ter. 
Ed.),  32,  §  26, 
etc.,  amended. 


Acts,  1941.  — Chap.  411.       .  381 

inserting  in  place  thereof  the  following:  —  "Employee",  any  Term 
person  who  is  regularly  emploj^ed  in  the  service  of,  and  whose  dSn^d°^^^ 
salary  or  compensation  is  paid  by,  the  city  or  town,  includ- 
ing members  of  the  police  and  fire  departments  and  other 
officials  or  public  officers  so  paid,  whether  employed  or  ap- 
pointed for  stated  terms  or  otherwise,  except  teachers  in  the 
public  schools,  as  defined  by  sections  six  and  seven,  whether 
employed  on  a  full-time  or  part-time  basis  or  as  exchange 
teachers,  but  including  employees  of  a  free  public  library 
maintained  in  any  city  or  town  to  the  support  of  which  said 
city  or  town  contributes  not  less  than  half  the  cost. 

Section  2.     Section  thirtj^-one  G  of  said  chapter  thirty-  g.  l.  (Ter. 
two,  as  most  recently  amended  by  sections  nine  and  ten  of  §  316,  etc.. 
chapter  three  hundred  and  sixty  of  the  acts  of  nineteen  hun-  amended. 
dred  and  thirty-eight,  is  hereby  further  amended  by  striking 
out  subsection  (1)  (a)  and  inserting  in  place  thereof  the  fol- 
lowing subsection :  — 

(1)  (a)  The  annuity  saiings  fund  shall  be  the  fund  to  Annuity  sav- 
which  shall  be  paid  the  deductions  from  the  compensation  ^'^^^  ^'^°'^^' 
of  members.  The  treasurer  of  the  city  or  town  and  the 
treasurer  or  person  in  charge  of  payrolls  of  a  free  public 
library  shall  withhold  five  per  cent  of  the  regular  compen- 
sation not  in  excess  of  fiftj^  dollars  weekly  due  on  each  pay 
day  to  all  employees  who  are  members  of  the  system,  and 
the  treasurer  or  person  in  charge  of  payrolls  of  a  free  public 
library  shall  forthwith  transmit  the  same  to  the  city  or  town 
treasurer.  For  the  purpose  of  determining  hereunder  the 
regular  compensation  of  a  member,  in  cases  where  a  mem- 
ber receives  a  non-cash  allowance  to  cover  compensation  in 
the  form  of  full  or  partial  boarding  and  housing  in  accord- 
ance with  the  practice  in  such  citj^  or  town,  such  treasurer 
shall  add  to  the  cash  payment  for  regular  services,  an  amount 
at  a  rate  not  to  exceed  seven  dollars  per  week,  and  the  sum 
of  said  amount  and  said  cash  payment,  not  exceeding  a  total 
of  fifty  dollars  weekly,  shall  be  the  basis  upon  which  annuity 
contributions  shall  be  made.  The  foregoing  provision  shall 
also  apply  in  computing  pensions  based  upon  prior  service. 
The  various  amounts  so  withheld  shall  be  forthwith  trans- 
ferred to  the  system  and  credited  to  the  accounts  of  the 
respective  members  so  contributing,  and  shall  be  paid  into 
and  become  a  part  of  said  annuity  savings  fund. 

Section  3.  On  the  date  when  sections  twenty-six  to  Tempwary 
thirty-one  H,  inclusive,  of  chapter  thirty-two  of  the  General  ^''°"^^^°^^- 
Laws,  as  amended,  become  effective  for  employees  of  any 
free  public  librarj^  referred  to  in  the  definition  of  "Employee" 
in  section  twenty-six  of  said  chapter  thirty-two,  as  amended 
by  section  one  of  this  act,  such  employees  may  become  mem- 
bers of  the  retirement  system  of  the  city  or  town  within 
which  such  library  is  maintained.  Said  employees  shall  have 
all  the  rights  and  obligations  provided  under  said  sections 
twenty-six  to  thirty-one  H,  inclusive,  in  the  same  manner  as 
if  the  retirement  system  in  said  city  or  town  had  become 
operative  on  said  date.  Approved  June  25,  1941. 


382 


Acts,  1941.  —  Chaps.  412,  413. 


G.  L.  (Ter. 
Ed.).  122. 
I  18.  etc., 
amended. 


Reimburse- 
ments. 


ChapA12  An  Act  authorizing  reimbursement  by  the  common- 
wealth FOR  CARE,  IN  PRIVATE  HOSPITALS,  OF  CERTAIN 
SICK  POOR   PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-two  of  the  General  Laws 
is  hereby  amended  by  striking  out  section  eighteen,  as  most 
recently  amended  by  section  thirty-seven  of  chapter  three 
hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following :  — 
Section  IS.     Reasonable  expenses  incurred  by  a  town  under 
section  seventeen  within  five  days  next  before  notice  has 
been  given  as  therein  required  and  also  after  the  giving  of 
such  notice  and  until  said  sick  person  is  able  to  be  removed 
to  said  hospital  and  infirmary  shall  be  reimbursed  by  the 
commonwealth.      If    the    department,    after   investigation, 
deems  it  expedient  as  an  economy  in  expenditure  and  in  the 
interest  of  the  patient's  health,  it  may  authorize  reimburse- 
ment for  aid  rendered  after  the  patient  has  become  able  to 
be  so  removed,  and,  in  its  discretion,  until  the  patient  is 
able  to  be  discharged.    If  the  department  considers  it  expe- 
dient to  order  the  removal  to  said  institution  of  a  person 
whose  physical  condition  is  such  as  to  require  attendance, 
reasonable  expenses  incurred  for  such  attendance  as  directed 
by  the  department  shall  also  be  reimbursed  by  the  common- 
wealth.    Bills  for  such  support  shall  not  be  allowed  unless 
endorsed  with  the  declaration  that,  after  full  investigation, 
no  kindred  able  to  pay  the  amount  charged  have  been  found, 
and  that  the  amount  has  actually  been  paid  from  the  town 
treasury,  nor  unless  they  are  approved  by  the  department 
or  by  a  person  designated  by  it ;  and  not  more  than  twenty- 
one  dollars  a  week  shall  be  allowed  for  the  support  of  a  per- 
son in  a  hospital,  and  no  charges  of  whatever  nature  in  ex- 
cess of  the  said  twenty-one  dollars  a  week  shall  be  allowed; 
provided,  that  expenses  incurred  by  a  town  for  tonsil  and 
adenoid  operations  shall  be  reimbursed  by  the  common- 
wealth to  an  amount  not  exceeding  fifteen  dollars  in  the 
case  of  any  one  such  operation.     Reimbursement  by  the 
commonwealth  under  the  provisions  hereof  shall  be  subject 
to  the  provisions  of  section  forty-two  of  chapter  one  hun- 
dred and  twenty-one.  Approved  June  25,  1941- 


ChapAlS  An  Act  pertaining  to  the  investments  of  deposits  and 

THE    INCOME    DERIVED    THEREFROM    OF    SAVINGS    BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-four  of  chapter  one  hundred 
and  sixty-eight  of  the  General  Laws  is  hereby  amended  by 
striking  out  clause  Second,  as  most  recently  amended  by 
sections  twenty-three  and  twenty-four  of  chapter  three  hun- 
dred and  thirty-four  of  the  acts  of  nineteen  hundred  and 


G.  L.  (Ter. 
Ed.).  168, 
5  54,  etc., 
amended. 


Acts,  1941.  — Chap.  413.  383 

thirty-three,  and  insertmg  in  place  thereof  the  following 
clause :  — 

Second,    (a)  In  the  direct  obligations  of  the  United  States,  investments 
or  in  such  obligations  as  are  unconditionally  guaranteed  as  to  *"  °"^^  " 
the  payment  of  principal  and  interest  by  the  United  States. 

(6)  In  the  legally  issued  or  assumed  bonds,  notes  or  other 
interest  bearing  obligations  of  this  commonwealth. 

(c)  In  the  legally  issued  or  assumed  bonds,  notes  or  other  . 
interest  bearing  obhgations  of  any  state  of  the  United  States 
other  than  this  commonwealth,  which  has  not  within  the 
twenty  years  prior  to  the  making  of  such  investment  de- 
faulted for  a  period  of  more  than  one  hundred  and  twenty 
days  in  the  payment  of  any  part  of  either  principal  or  in- 
terest of  any  legally  issued  or  assumed  obligation;  provided, 
that  such  obligations  were  issued  subsequent  to  January 
first,  eighteen  hundred  and  ninety;  and  provided,  further, 
that  the  full  faith  and  credit  of  such  state  is  pledged  for  the 
payment  of  the  principal  and  interest  of  such  obligations. 

(d)  In  the  legally  issued  or  assumed  bonds,  notes  or  other 
interest  bearing  obligations  of  a  county,  city,  town  or  legally 
established  district  of  this  commonwealth. 

(e)  In  the  legally  issued  or  assumed  bonds,  notes  or  other 
interest  bearing  obligations  of  any  county  or  town  of  Maine, 
New  Hampshire,  Vermont,  Rhode  Island,  Connecticut  or 
New  York,  whose  net  indebtedness  does  not  exceed  four 
per  cent  of  the  last  preceding  assessed  valuation  of  the  tax- 
able real  property  therein ;  or  of  any  legally  estabhshed  water 
district  of  any  of  said  states,  of  more  than  five  thousand  in- 
habitants and  whose  legally  issued  or  assumed  obligations 
are  a  direct  obhgation  on  all  the  taxable  property  of  said 
district,  and  whose  net  indebtedness  does  not  exceed  three 
per  cent  of  the  last  preceding  assessed  valuation  of  the  real 
property  therein ;  provided,  that  there  is  not  included  within 
the  limits  of  such  district,  in  whole  or  in  part,  any  city  or 
town  the  obligations  of  which  are  not  a  legal  investment. 

(/)  In  the  legally  issued  or  assumed  bonds,  notes  or  other 
interest  bearing  obligations  of  any  city  of  Maine,  New 
Hampshire,  Vermont,  Rhode  Island,  Connecticut  or  New 
York,  whose  net  indebtedness  does  not  exceed  six  per  cent 
of  the  last  preceding  assessed  valuation  of  the  taxable  real 
property  therein  and  whose  population  at  the  date  of  such 
investment  is  not  more  than  one  hundred  thousand  inhabit- 
ants, as  estabhshed  by  the  last  national  or  state  census,  or 
city  census,  taken  in  the  same  manner  as  a  national  or  state 
census  and  certified  by  the  clerk  or  treasurer  of  said  city. 

(gf)  In  the  legally  issued  or  assumed  bonds,  notes  or  other 
interest  bearing  obhgations  of  any  city  of  Maine,  New 
Hampshire,  Vermont,  Rhode  Island,  Connecticut  or  New 
York,  whose  net  indebtedness  does  not  exceed  eight  per  cent 
of  the  last  preceding  assessed  valuation  of  the  taxable  real 
property  therein  and  whose  population  at  the  date  of  such 
investment  is  more  than  one  hundred  thousand,  as  estab- 
lished in  the  manner  provided  in  subdivision  (/). 


384  Acts,  1941.  — Chap.  413. 

(h)  In  the  legally  issued  or  assumed  bonds,  notes,  or  other 
interest  bearing  obligations  of  any  city  of  any  state  of  the 
United  States,  other  than  Maine,  New  Hampshire,  Vermont, 
Massachusetts,  Rhode  Island,  Connecticut  or  New  York, 
which  was  incorporated  as  such  at  least  ten  years  prior  to 
the  date  of  such  investment  and  which  has  not  less  than 
thirty  thousand  nor  more  than  one  hundred  thousand  in- 
habitants, as  established  in  the  manner  provided  in  subdi- 
vision (/),  and  whose  net  indebtedness  does  not  exceed  six 
per  cent  of  the  last  preceding  assessed  valuation  of  the  tax- 
able real  property  therein;  provided,  that  such  obligations 
are  in  serial  form. 

(i)  In  the  legally  issued  or  assumed  bonds,  notes  or  other 
interest  bearing  obhgations  of  any  city  of  any  state  of  the 
United  States,  other  than  Maine,  New  Hampshire,  Vermont, 
Massachusetts,  Rhode  Island,  Connecticut  or  New  York, 
which  was  incorporated  as  such  at  least  ten  years  prior  to 
the  date  of  such  investment  and  which  has  more  than  one 
hundred  thousand  inhabitants,  as  established  in  the  manner 
set  forth  in  subdivision  (/) ,  and  whose  net  indebtedness  does 
not  exceed  eight  per  cent  of  the  last  preceding  assessed  valua- 
tion of  the  taxable  real  property  therein;  provided,  that  such 
obligations  are  in  serial  form. 

(j)  Obhgations  referred  to  in  subdivisions  (h)  and  (i)  shall 
be  deemed  to  be  in  serial  form  when  such  obligations  are  a 
part  of  a  debt  issue,  the  payment  of  which  is  provided  for 
by  annual  payments  in  sufficient  amounts  to  extinguish  the 
debt  at  maturity,  and  as  to  which  it  is  also  provided  that 
the  first  of  such  annual  payments  shall  be  made  not  later 
than  two  years  after  the  date  of  the  obligations  issued  there- 
for, that  the  last  of  such  annual  payments  shall  be  made 
not  later  than  forty  years  after  the  date  of  such  obligations, 
and  that  the  amount  of  such  payments  in  any  one  year 
on  account  of  such  debt  so  far  as  issued  shall  not  be  less 
than  the  amount  of  principal  payable  in  any  subsequent 
year. 

(k)  The  full  faith  and  credit  of  the  county,  city,  town  or 
district  shall  be  pledged  for  the  full  payment  of  principal 
and  interest  of  all  bonds,  notes  or  other  interest  bearing 
obligations  legal  for  investment  under  any  provision  or  sub- 
division of  this  clause. 

(l)  As  used  in  subdivisions  (e),  (/),  {g),  {h)  and  (i)  of  this 
clause,  the  words  "net  indebtedness"  shall  mean  the  indebt- 
edness of  a  county,  city,  town  or  district,  omitting  debts 
created  for  supplying  the  inhabitants  with  water  or  elec- 
tricity, or  both,  and  debts  created  in  anticipation  of  taxes 
to  be  paid  within  one  year  from  date  of  issue,  and  deducting 
the  amount  of  sinking  funds  available  for  the  payment  of 
the  indebtedness  included. 

(m)  The  provisions  of  subdivisions  (e),  (/),  (g),  (h)  and  (i) 
of  this  clause  shall  not  authorize  the  investment  of  funds  in 
the  legally  issued  or  assumed  obligations  of  any  county,  city, 
town  or  district  which  has  been  in  default  for  more  than  one 


Acts,  1941.— Chap.  413.  385 

hundred  and  twenty  days  in  the  payment  of  any  part  of 
principal  or  interest  of  such  obhgations  within  ten  years 
immediately  preceding  the  making  of  such  investment. 

Section  2.      Said    section    fifty-four   is    hereby   further  g.  l.  (Xer. 
amended  by  striking  out  clause  Third,  as  amended  by  chap-  §  54,  etc.,' 
ter  seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty-  ^minded. 
six,  and  inserting  in  place  thereof  the  following  clause :  — 

Third.     In  obligations  of  any  railroad  corporation  incor-  investments 
porated  under  the  laws  of  the  tJnited  States  or  of  any  state  b*onds!^°* 
thereof,  which  is  doing  business  principally  within  the  United 
States,  provided :  — 

(1)  That  the  railroad  corporation  which  operates  the  rail- 
road or  railroad  equipment  upon  which  such  obligations  are 
secured  shall  own  or  operate  under  lease  not  less  than  five 
hundred  miles  of  standard  gauge  road,  exclusive  of  sidings; 

(2)  That  the  railroad  corporation  which  operates  the  rail- 
road or  railroad  equipment  upon  which  such  obligations  are 
secured  shall  not  be  in  default  in  the  payment  of  principal 
or  interest  of  any  of  its  obligations,  or  in  the  payment  of 
rental  for  leased  lines  or  terminal  facihties; 

(3)  That  in  five  of  the  six  years  immediately  preceding 
the  date  of  such  investment,  and  in  the  year  immediately 
preceding  the  date  of  such  investment,  the  railroad  corpora- 
tion which  operates  the  railroad  or  railroad  equipment  upon 
which  such  obligations  are  secured  shall  have  earned  its  fixed 
charges  in  full ; 

(4)  That  such  obligations  contain  an  unconditional  promise 
to  pay  the  interest  thereon  regularly,  and  to  pay  the  prin- 
cipal at  a  specified  date; 

(5)  That  such  obligations  are  secured :  — 

(a)  By  a  direct  or  a  collateral  mortgage  lien  on  a  railroad 
owned,  directly  or  beneficially,  by  a  railroad  corporation 
which  meets  the  requirements  of  subdivisions  (1),  (2)  and 
(3);or- 

(6)  By  a  direct  or  a  collateral  mortgage  lien  on  a  railroad 
owned,  directly  or  beneficially,  by  a  corporation  which  leases 
the  mileage  to  a  railroad  corporation  which  meets  the  re- 
quirements of  subdivisions  (1),  (2)  and  (3)  under  a  lease 
which  extends  at  least  three  years  beyond  the  maturity  of 
such  obligations  and  which  provides  for  unconditional  pay- 
ment of  interest  on  all  funded  indebtedness  and  for  the  pay- 
ment or  refunding  of  such  obligations  at  maturity;  except 
that  the  lease  need  not  contain  such  provisions  if  such  bonds 
are  guaranteed  by  endorsement  unconditionally  as  to  prin- 
cipal and  interest  by  said  lessee  railroad  corporation ;   or  — 

(c)  By  the  irrevocable  pledge  of  bonds,  notes  or  other 
evidences  of  indebtedness  which  would  be  legal  investments 
for  savings  banks  if  held  directly,  and  the  principal  amount 
of  bonds,  notes  or  other  evidences  of  indebtedness  so  pledged 
is  equal  at  least  to  the  principal  amount  of  such  obligations 
outstanding ;  or  — 

(d)  By  a  first  lien  on,  or  by  a  lease  of,  or  conditional  sale 
of,  new  railroad  equipment  of  standard  gauge,  free  from 


386  Acts,  1941.  — Chap.  413. 

any  other  encumbrance,  for  the  purchase  of  which  obHga- 
tions  were  issued  at  not  exceeding  ninety  per  cent  of  the 
purchase  price  of  such  equipment,  except  that,  pending  the 
completion  and  deHvery  of  the  equipment,  such  obhgations 
may  be  secured  by  cash,  deposited  with  or  to  the  credit  of 
the  trustee  under  the  instrument  under  which  such  secu- 
rities were  issued,  in  an  amount  not  less  than  the  principal 
amount  of  all  such  obligations  outstanding;  provided,  that 
equipment  obligations  shall  not  be  legal  for  such  investment 
unless  the  instrument  under  which  they  are  issued,  or  the 
lease  or  conditional  sale  of  such  equipment,  provides  for  the 
proper  maintenance  and  replacement  of  such  equipment,  and 
for  the  payment  of  the  entire  issue  of  such  obligations  in  not 
exceeding  fifteen  approximately  equal  annual,  or  in  thirty 
approximately  equal  semi-annual,  installments  from  the  date 
of  issue,  without  the  release  of  any  part  of  the  lien  or  in- 
terest in  any  part  of  the  equipment  securing  such  obliga- 
tions until  the  entire  issue  of  the  series  so  secured  shall  have 
been  paid  or  redeemed,  except  however,  that  such  instru- 
ment may  permit  the  release  therefrom  of  any  equipment 
covered  thereby  upon  the  condition  that,  as  security  in  lieu 
thereof,  there  shall  be  deposited  with  or  to  the  credit  of  the 
trustee  under  the  instrument,  cash  or  bonds,  notes  or  cer- 
tificates of  indebtedness  of  the  United  States,  or  of  any 
state  thereof,  equivalent  to' the  fair  value  of  the  equipment 
released,  and  that  such  deposit  may  be  subsequently  in 
whole  or  in  part  withdrawn  and  used  for  the  purchase  of 
additional  railroad  equipment  of  standard  gauge,  to  be  sub- 
stituted in  lieu  thereof  free  from  any  other  encumbrance,  of 
material  and  construction  substantially  as  good  as,  and  of 
a  value  equal  to  the  value  of,  the  equipment  previously 
released.  Such  obligations  shall  be  guaranteed  by  endorse- 
ment as  to  principal  and  interest  or  dividends  by  such  rail- 
road corporation; 

(6)  That  unless  the  railroad  corporation  which  operates 
the  railroad  or  railroad  equipment  upon  which  such  obliga- 
tions are  secured  shall  have  earned  its  fixed  charges  at  least 
one  and  one  half  times  in  five  of  the  six  years  immediately 
preceding  the  date  of  such  investment,  and  in  the  year  im- 
mediately preceding  the  date  of  such  investment,  such  obli- 
gations shall  be  (a)  equipment  obligations  as  described  in 
subdivision  (5)  (d),  or  (h)  shall  be  secured  by  a  first  mort- 
gage which  is  prior  in  lien  to  a  junior  mortgage  or  mortgages 
which  secure  at  least  one  and  one  half  times  as  much  funded 
debt  as  is  secured  by  all  the  first  mortgages  which  are  prior  in 
lien  to  such  junior  mortgages,  or  (c)  shall  be  secured  by  a  first 
mortgage  on  a  railroad  which  is  operated  under  lease  by  a 
railroad  corporation  which  meets  the  requirements  of  sub- 
divisions (1),  (2)  and  (3),  which  lease  extends  at  least  three 
years  beyond  the  maturity  of  any  such  obligation,  and  pro- 
vides for  the  payment  or  refunding  thereof  and  for  the  un- 
conditional payment  of  a  rental  equal  to  at  least  two  and 
one  half  times  the  annual  interest  charge  on  all  the  first 


Acts,  1941.  — Chap.  413.  387 

mortgage  bonds  of  siich  lessor  corporation;  and  no  bonds 
shall  be  made  eligible  by  provision  (6)  or  (c)  of  this  subdi- 
vision unless  they  are  secured  by  a  direct  or  collateral  first 
lien  on  at  least  one  third  of  the  mileage  owned,  including  all 
mileage  owned  beneficially,  by  the  obligor  and  on  at  least 
five  hundred  miles  of  railroad,  except  that  if  the  railroad 
corporation  which  operates  the  railroad  upon  which  such 
bonds  are  secured  shall  have  earned  its  fixed  charges  at  least 
one  and  one  quarter  times  in  five  of  the  six  years  immediately 
preceding  the  date  of  such  investment,  and  in  the  year  im- 
mediately preceding  the  date  of  such  investment,  then  such 
first  mortgage  need  not  be  a  lien  on  one  third  of  the  mileage 
owned  directly  and  beneficially  by  the  obligor  but  shall  be 
a  first  lien  on  not  less  than  one  hundred  miles  of  railroad, 
and  the  amount  of  debt  secured  by  junior  mortgages  need 
not  exceed,  but  shall  be  at  least  equal  to,  the  amount  of  debt 
secured  by  first  mortgages  prior  thereto. 

Not  more  than  twenty  per  cent  of  the  deposits  of  any  such 
bank  shall  be  invested  in  railroad  obligations.  Not  more 
than  one  and  one  half  per  cent  of  the  deposits  of  any  such 
bank  shall  be  invested  in  the  obligations  of  any  one  operat- 
ing railroad  corporation,  including  its  direct  and  assumed 
obligations  and  including  also  the  obligations  of  lessor  rail- 
road corporations  which  derive  seventy-five  per  cent  or  more 
of  their  income  from  leases  of  their  railroads  to  said  operat- 
ing railroad  corporation. 

The  following  terms  as  used  in  this  clause,  unless  the  con- 
text otherwise  clearly  requires,  shall  have  the  following 
meanings :  — 

(a)  A  railroad  shall  be  deemed  to  be  owned  beneficially 
by  a  railroad  corporation  when  the  latter  operates  such  rail- 
road and  owns  at  least  ninety  per  cent  of  each  class  of  out- 
standing capital  stock,  and  ninety  per  cent  of  each  class  of 
outstanding  bonds,  notes  and  other  evidences  of  indebted- 
ness, of  the  corporation  which  is  the  legal  owner  of  the  physi- 
cal property. 

(6)  Obligations  shall  be  deemed  to  be  secured  by  a  col- 
lateral mortgage  lien  if  they  are  secured  by  an  irrevocable 
pledge  of  at  least  ninety  per  cent  of  each  class  of  outstand- 
ing capital  stock,  and  ninety  per  cent  of  each  class  of  out- 
standing bonds,  notes  and  other  evidences  of  indebtedness, 
of  the  railroad  corporation  which  is  the  legal  owner  of  the 
physical  property. 

(c)  "Fixed  charges"  shall  mean  the  sum  of  fixed  interest 
on  all  indebtedness,  whether  funded  or  unfunded,  rentals  for 
leased  lines  and  amortization  of  debt  discount.  For  the 
purpose  of  determining  whether  a  railroad  has  earned  its 
fixed  charges,  or  by  what  margin  it  has  earned  them,  the 
income  available  for  fixed  charges  as  shown  in  the  reports 
prescribed  by  the  Interstate  Commerce  Commission  shall 
be  applied  against  the  fixed  charges  as  defined  herein. 

(d)  Obligations  shall  be  deemed  to  be  secured  by  first  mort- 
gage or  first  mortgage  lien  if  they  are  secured  by  such  a 


388 


Acts,  1941.  — Chap.  413. 


G.  L.  (Ter. 
Ed.),  168, 
§  54,  etc., 
further 
amended. 


G.  L.  (Ter. 
Ed.),  168, 
§  54,  further 
amended. 


lien  on  seventy-five  per  cent  of  all  the  railroad  on  which 
they  are  a  lien. 

(e)  Obligations  shall  be  deemed  to  include  only  bonds  and 
notes  issued  or  assumed  by  a  railroad  corporation  and  equip- 
ment securities  unconditionally  guaranteed  as  to  the  pay- 
ment of  principal  and  interest  by  such  a  corporation.  If 
such  a  corporation  has  acquired  a  line  of  railroad  subject  to 
the  lien  of  previously  existing  bonds  and  shall  have  subse- 
quently issued  bonds  of  its  own,  which  bonds  are  secured, 
in  whole  or  in  part,  by  a  junior  lien  on  such  line  of  railroad, 
then  the  corporation  shall  be  deemed,  for  the  purposes  of 
this  clause,  to  have  assumed  the  previously  existing  bonds. 

Section  3.  Said  section  fifty-four  is  hereby  further 
amended  by  striking  out  clause  Fourth,  as  amended  by  chap- 
ter one  hundred  and  twelve  of  the  acts  of  nineteen  hundred 
and  thirty-two. 

Section  4.  Said  section  fifty-four  is  hereby  further 
amended  by  striking  out  clause  Fifth,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing clause :  — 

Fifth.  In  the  mortgage  bonds,  as  hereinafter  described, 
maturing  not  later  than  forty  years  subsequent  to  the  date 
of  such  investment,  of  any  telephone  company  incorporated 
under  the  laws  of  the  United  States  or  of  any  state  thereof, 
and  doing  business  in  any  state  of  the  United  States,  includ- 
ing in  such  term  the  District  of  Columbia,  on  the  continent 
of  North  America  and  which  is  operating  under  the  super- 
vision of  a  public  service  or  similar  commission  of  the  United 
States  or  of  any  state  thereof  exercising  regulatory  jurisdic- 
tion therein; 

(1)  provided,  that  during  each  of  the  five  fiscal  years  of 
such  telephone  company  immediately  preceding  the  date  of 
such  investment 

(a)  the  gross  income  of  such  telephone  company  shall 
have  been  not  less  than  five  million  dollars,  and 

(6)  such  telephone  company  shall  not  have  been  in  de- 
fault in  the  payment  of  the  principal  or  interest  on  any  of 
its  indebtedness;  and 

(2)  pro\dded,  further,  that  in  any  five  of  the  six  fiscal 
years  immediately  preceding  the  date  of  such  investment  the 
net  income  of  such  telephone  company,  as  shown  by  its 
annual  reports  or  other  sworn  returns  to  the  federal,  state 
or  municipal  authorities,  shall  have  been  at  least  twice  the 
amount  necessary  to  pay  the  interest  for  the  same  period 
on  the  company's  total  outstanding  indebtedness;   and 

(3)  provided,  further,  that  at  the  end  of  the  fiscal  year 
immediately  preceding  the  date  of  such  investment  the  out- 
standing fully  paid  capital  stock  of  any  such  telephone  com- 
panj'^,  together  with  the  total  of  all  surplus  accounts  as  shown 
by  the  books  of  such  company  in  the  case  of  anj'-  such  com- 
pany having  any  shares  without  par  value,  shall  be  equal 
to  at  least  two  thirds  of  its  total  funded  debt. 


Acts,  1941.  — Chap.  413.  389 

(4)  Such  bonds  shall  be  issued  under  an  indenture  which 
cannot  be  changed  so  as  to  alter  the  obligations  of  the  com- 
pany to  pay  the  principal  thereof  at  maturity,  or  to  pay  the 
interest  at  the  rates  and  on  the  dates  specified  in  such  bonds, 
except  with  the  consent  of  the  holder  or  holders  of  the  bond 
or  bonds  affected,  and  such  bonds  shall  be  secured  by  a  first 
or  junior  mortgage  lien  upon  all  or  part  of  the  fixed  property 
of  such  company,  but  the  aggregate  principal  amount  of  all 
its  mortgage  bonds  shall  not  exceed  sixty-five  per  cent  of 
the  depreciated  value  of  the  fixed  property  of  the  company 
as  shown  by  its  books.  No  junior  mortgage  bond  shall 
qualify  under  this  paragraph  unless  under  the  terms  of  the 
indenture  under  which  it  was  issued  all  underlying  mortgages 
must  be  paid  at  maturity,  or  refunded  by  such  junior  mort- 
gage. Such  underlying  mortgages  shall  be  closed  except  for 
the  purpose  of  issuing  additional  bonds  to  be  pledged  under 
such  junior  mortgage. 

Section  5.      Said    section    fifty-four    is    hereby    further  g.  l.  (Ter. 
amended  by  inserting  after  clause  Fifth,  as  so  appearing,  ne'lv'*chfus'el  ^*' 
the  following  four  new  clauses :  —  D^^'^ddd*^*'' 

Fifth  A.    In  bonds,  other  than  mortgage  bonds,  maturing     ''^^  ^  , 
not  later  than  forty  years  subsequent  to  such  investment,  of  of  teiephonl 
any  telephone  company  incorporated  under  the  laws  of,  and  °°"'p^'^^^^- 
doing  business  in,  any  state  of  the  United  States,  including 
in  such  term  the  District  of  Columbia,  on  the  continent  of 
North  America  which   is  operating  under  the  supervision 
of  a  public  service  or  other  similar  regulatory  commission 
of  the  United  States  or  of  any  state  thereof; 

(1)  provided,  that  during  each  of  the  five  fiscal  years  of 
such  telephone  company  immediately  preceding  the  date  of 
such  investment 

(a)  the  gross  income  of  such  telephone  company  shall  have 
been  not  less  than  twenty  million  dollars,  and 

(b)  such  telephone  company  shall  not  have  been  in  de- 
fault in  the  payment  of  the  principal  or  interest  on  any  of 
its  indebtedness;  and 

(2)  provided,  further,  that  in  any  five  of  the  six  fiscal 
years  immediately  preceding  the  date  of  such  investment 
the  net  income  of  such  company,  as  shown  by  its  annual 
reports  or  other  sworn  statements  to  the  federal,  state  or 
municipal  authorities,  shall  have  been  not  less  than  three 
times  the  amount  necessary  to  pay  the  interest  for  the  same 
period  on  the  company's  total  outstanding  indebtedness; 
and 

(3)  provided,  further,  that  at  the  end  of  the  fiscal  year 
immediately  preceding  the  date  of  such  investment,  such 
bonds,  together  with  all  other  indebtedness  of  such  com- 
pany, shall  total  not  more  than  fifty-five  per  cent  of  the  de- 
preciated value  of  the  fixed  property  of  such  telephone  com- 
pany as  shown  by  its  books,  and  shall  be  issued  under  an 
indenture  by  the  terms  of  which  no  mortgage  can  be  issued 
without  securing  such  bonds  equally  and  ratably  therewith. 


390 


Acts,  1941.  —  Chap.  413. 


G.  L.  (Ter. 
Ed.),  168, 
§  54,  etc., 
further 
amended. 

Public  service 

company 

eecurities. 


Fifth  B.  In  other  bonds  or  notes,  maturing  not  later  than 
forty  years  subsequent  to  the  date  of  such  investment,  of 
any  telephone  company  incorporated  under  the  laws  of,  and 
doing  business  in,  any  state  of  the  United  States,  including 
in  such  term  the  District  of  Columbia,  on  the  continent  of 
North  America  which  is  operating  under  the  supervision  of 
a  public  service  or  other  similar  regulatory  commission 
of  the  United  States  or  of  any  state  thereof; 

(1)  provided,  that  during  each  of  the  five  fiscal  years  of 
such  telephone  company  immediately  preceding  the  date 
of  such  investment  such  telephone  company  shall  not  have 
been  in  default  in  the  payment  of  principal  or  interest  on 
any  of  its  indebtedness ;  and 

(2)  provided,  further,  that  in  any  five  of  the  six  fiscal 
years  immediately  preceding  the  date  of  such  investment 
the  net  income  of  such  company,  as  shown  by  its  annual 
reports  or  other  sworn  returns  to  the  federal,  state  or  mu- 
nicipal authorities,  shall  have  been  not  less  than  four  times 
the  amount  necessary  to  pay  the  interest  for  the  same  period 
on  the  company's  total  outstanding  indebtedness;  and 

(3)  provided,  further,  that  at  the  end  of  the  fiscal  year 
immediately  preceding  the  date  of  such  investment  the  bonds 
or  notes  of  such  company  are  outstanding  in  an  amount  not 
in  excess  of  thirty-five  per  cent  of  its  total  assets ;  and 

(4)  provided,  further,  that  for  the  fiscal  year  immediately 
preceding  the  date  of  such  investment  the  amount  of  income 
available  for  dividends  of  such  company  shall  have  been  not 
less  than  one  hundred  million  dollars. 

Fifth  C.  In  clauses  Fifth,  Fifth  A  and  Fifth  B,  unless  the 
context  otherwise  requires, 

(a)  "Gross  income"  shall  mean  the  total  operating  reve- 
nues received  from  the  operation  of  all  properties  owned  or 
leased  and  operated  by  such  telephone  company,  and  "in- 
come available  for  dividends"  shall  mean  the  amount  deter- 
mined as  such  by  the  system  of  accounts  prescribed  by  the 
Federal  Communications  Commission. 

(6)  "Net  income"  shall  mean  the  amount  available  for 
interest  charges  after  deduction  has  been  made  for  all  oper- 
ating expenses,  including  current  maintenance,  provision  for 
depreciation,  all  taxes  except  income  taxes,  and  all  rentals 
and  guaranteed  interest  or  dividends. 

Fifth  D.  Not  more  than  fifteen  per  cent  of  the  deposits 
of  any  such  bank  shall  be  invested  in  the  bonds  of  telephone 
companies,  nor  shall  more  than  two  per  cent  of  such  deposits 
be  invested  in  the  bonds  of  any  one  telephone  company. 

Section  6.  Said  section  fifty-four  is  hereby  further 
amended  by  striking  out  clause  Sixth  A,  as  amended  by 
chapter  ninety-six  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  and  inserting  in  place  thereof  the  following  clause:  — 

Sixth  A.  In  the  bonds,  maturing  not  later  than  forty 
years  subsequent  to  the  date  of  such  investment,  issued  or 
assumed  by  any  corporation  incorporated  under  the  laws  of 


Acts,  1941.  — Chap.  413.  391 

the  United  States  or  of  any  state  thereof  which  is  operating 
under  the  supervision  of  a  pubhc  service  or  other  similar 
regulatory  commission  of  the  United  States  or  of  any  state 
thereof,  and  has  franchises  to  operate  in  territory  in  which 
at  least  seventy-five  per  cent  of  its  gross  operating  revenue 
was  earned  thereunder  in  its  fiscal  year  immediately  pre- 
ceding the  date  of  such  investment,  which  franchises  shall 
be  either  indeterminate  franchises  or  permits  or  agreements, 
which  are  subject  to  the  jurisdiction  of  or  issued  by  or  en- 
tered into  with  a  public  service  or  similar  commission  or 
other  competent  public  authority,  or  determinate  franchises 
extending  at  least  three  years  beyond  the  maturity  of  any 
such  bond, 

(1)  provided,  that  such  corporation  is  engaged  in  any  or 
all  of  the  following  functions :  — 

(a)  In  the  sale  and  distribution  of  electricity,  or  in  such 
sale  and  distribution  and  also  in  some  other  form  of  public 
service  enterprise; 

(&)  In  the  manufacture  and  distribution  of  artificial  gas; 
and 

(c)  In  the  sale  and  distribution  of  natural  gas  suppHed  in 
substitution  for  and  in  mixture  with  artificial  gas;  but  in  no 
case  shall  the  bonds  of  any  corporation  engaged  in  the  sale 
and  distribution  of  natural  gas  become  a  legal  investment 
unless  said  corporation  maintains  at  all  times  full  facilities 
for  the  manufacture  of  artificial  gas  in  quantities  sufficient 
to  supply  the  normal  demand ;  and 

(2)  provided,  further,  that :  — 

(a)  During  each  of  the  five  fiscal  years  immediately  pre- 
ceding the  date  of  such  investment,  such  corporation  has 
paid  the  matured  principal  and  interest  of  all  its  indebted- 
ness, and 

(6)  The  net  income  of  such  corporation  for  the  fiscal  year 
immediately  preceding  the  date  of  such  investment,  and  the 
average  of  net  income  of  such  corporation  for  the  five  fiscal 
years  immediately  preceding  the  date  of  such  investment,  as 
shown  by  its  armual  reports  or  other  sworn  returns  to  the 
federal,  state  or  municipal  authorities,  shall  have  been  not 
less  than  one  and  three  quarters  times  the  amount  necessary 
to  pay  the  interest  for  the  same  periods  on  its  total  outstand- 
ing indebtedness,  except  that  if  less  than  sixty  per  cent  of 
the  gross  operating  revenue  of  the  corporation  has  been  de- 
rived from  the  sale  and  distribution  of  electricity,  such  net 
income  shall  have  been  not  less  than  twice  the  amount  neces- 
sary to  pay  such  interest. 

(c)  As  used  in  subdivision  (2)  (6)  of  this  clause,  "net  in- 
come" shall  mean  the  amount  available  for  interest  charges 
after  deduction  has  been  made  for  all  operating  expenses, 
including  current  maintenance,  provision  for  depreciation  or 
retirement,  all  taxes  except  income  taxes,  and  all  rentals  and 
guaranteed  interest  or  dividends,  and  after  deducting  the 
net  income  as  determined  by  the  foregoing  method,  derived 


392  Acts,  1941.  — Chap.  413. 

from  the  sale  of  natural  gas  where  stand-by  facilities  are  not 
maintained  for  the  manufacture  of  artificial  gas  in  quantities 
sufficient  to  supply  the  normal  demand  for  gas;   and 

(3)  provided,  further,  that  for  its  fiscal  year  immediately 
preceding  the  date  of  such  investment 

(a)  such  corporation  shall  have  done  at  least  eighty  per 
cent  of  its  business  in  the  United  States  or  any  state  thereof, 
including  in  such  term  the  District  of  Columbia,  on  the  con- 
tinent of  North  America; 

(6)  The  gross  operating  revenue  of  the  corporation  issuing 
or  assuming  such  bonds  shall  have  been  not  less  than  one 
million  dollars,  and  of  such  revenue  at  least  seventy-five 
per  cent  shall  have  been  derived  from  the  sale  and  distribu- 
tion of  electricity,  artificial  gas  and  natural  gas,  or  any  one 
or  more  of  them,  and  not  exceeding  twenty  per  cent  from 
the  operation  of  a  transportation  system;  and 

(c)  The  outstanding  fully  paid  capital  stock  and  surplus 
of  such  corporation  shall  be  equal  to  at  least  two  thirds  of 
its  total  funded  debt.  "Funded  debt",  as  used  herein,  shall 
mean  all  interest  bearing  debt,  whether  secured  or  unse- 
cured, maturing  more  than  one  year  from  its  date  of  issue, 
but  excluding  bonds  of  the  corporation  held  as  collateral  to 
secure  other  of  its  outstanding  obligations. 

(4)  Such  bonds  shall  be  issued  under  an  indenture  which 
cannot  be  changed  so  as  to  alter  the  obligations  of  the  com- 
pany to  pay  the  principal  at  maturity,  or  to  pay  the  interest 
at  the  rates  and  on  the  dates  specified  in  such  bonds,  except 
with  the  consent  of  the  holder  or  holders  of  the  bond  or 
bonds  affected,  and  such  bonds  shall  be  secured  by  either 
a  first  or  junior  mortgage  upon  all  or  part  of  the  fixed  prop- 
erty of  such  corporation,  but  the  aggregate  principal  amount 
of  all  its  mortgage  bonds  shall  not  exceed  seventy-five  per 
cent  of  the  depreciated  value  of  the  fixed  property  of  the 
corporation  as  shown  by  its  books.  No  junior  mortgage 
bond  shall  qualify  under  this  paragraph  unless  under  the 
terms  of  the  indenture  under  which  it  was  issued  all  under- 
lying mortgages  must  be  paid  at  maturity,  or  refunded  by 
such  junior  mortgage.  Such  underlying  mortgages  shall  be 
closed  except  for  the  purpose  of  issuing  additional  bonds  to 
be  pledged  under  such  junior  mortgage.  If  such  junior 
mortgage,  or,  in  the  absence  of  a  junior  mortgage,  the  first 
mortgage,  is  not  closed,  it  shall  provide  for  the  issuance  of 
additional  bonds  for  extensions,  improvements  and  property 
acquisitions  only  as  follows :  — 

(a)  For  an  amount  not  exceeding  seventy-five  per  cent  of 
the  actual  cost  of  such  extensions,  improvements  and  prop- 
erty acquisitions,  when  the  net  income  for  twelve  of  the 
fifteen  months  immediately  preceding  the  application  to  the 
trustee  under  such  mortgage  for  authentication  of  such  ad- 
ditional bonds  has  been  equal  to  at  least  one  and  three 
quarters  times  the  interest  charges  for  one  year  on  the  total 
amount  of  bonds  outstanding  under  such  mortgage  and  the 
proposed  additional  bonds,  or 


Acts,  1941.  — Chap.  413.  393 

(6)  For  an  amount  not  exceeding  eighty  per  cent  of  the 
actual  cost  of  such  extensions,  improvements  and  property 
acquisitions,  when  the  net  income  for  twelve  of  the  fifteen 
months  immediately  preceding  the  application  to  the  trus- 
tee under  such  mortgage  for  authentication  of  such  addi- 
tional bonds  has  been  equal  to  at  least  twice  the  interest 
charges  for  one  year  on  the  total  amount  of  bonds  outstand- 
ing under  such  mortgage  and  the  proposed  additional  bonds. 

(5)  If,  during  any  of  the  periods  mentioned  in  this  clause, 
such  corporation  has  been  consolidated  by  purchase  or  other- 
wise, the  aggregate  operating  figures  of  the  corporations  so 
consolidated,  exclusive  of  intercompany  charges,  shall  be  suf- 
ficient for  the  purpose  of  this  clause. 

(6)  Not  more  than  twenty  per  cent  of  the  deposits  of  any 
such  bank  shall  be  invested  in  bonds  under  this  clause,  nor 
shall  more  than  two  per  cent  of  such  deposits  be  invested  in 
the  bonds  of  any  one  such  corporation. 

Section  7.      Said    section    fifty-four    is    hereby    further  g.  l.  (Ter. 
amended  by  striking  out  clause  Seventh,  as  most  recently  §  54,'  e\^c^,' 
amended  by  chapter  eighty-seven  of  the  acts  of  nineteen  [^g^ded 
hundred  and  thirty-seven,  and  inserting  in  place  thereof 
the  following  clause :  — 

Seventh.  In  the  common  stock,  provided  there  is  no  pre-  Bank  stocka. 
ferred  stock  outstanding,  of  a  trust  company  incorporated  ^^'^■ 
under  the  laws  of  and  doing  business  within  this  common- 
wealth, or  in  the  common  stock,  provided  there  is  no  pre- 
ferred stock  outstanding,  of  a  national  banking  association 
doing  business  within  this  commonwealth,  which  has  paid 
dividends  of  not  less  than  four  per  cent  on  its  capital  stock 
in  cash  in  each  of  the  five  years  immediately  preceding  the 
date  of  such  investment  and  the  amount  of  whose  surplus 
is  at  least  equal  to  fifty  per  cent  of  its  capital;  but  such  a 
bank  shall  not  hold  by  way  of  investment  and  as  security 
for  loans,  more  than  fifteen  per  cent  of  the  stock  of  any 
one  such  company  or  association,  nor  shall  it  hold  by  way  of 
investment  stock  of  such  companies  and  associations  hav- 
ing an  aggregate  initial  cost  in  excess  of  ten  per  cent  of  the 
deposits  of  such  bank,  or  stock  of  any  one  such  company  or 
association  having  an  initial  cost  in  excess  of  one  per  cent 
of  the  deposits  aforesaid,  except  that  if  any  such  company 
or  association  consolidates  or  merges  with  any  other  such 
company  or  association  the  amount  of  stock  of  the  consoli- 
dated or  absorbing  company  or  association  which  may  be 
held  under  authority  hereof  may  be  in  excess  of  one  per  cent, 
but  not  in  excess  of  two  per  cent,  of  the  deposits  aforesaid; 
and  provided,  further,  that  the  stock  so  held  is  acquired  in 
exchange  for  stock  of  the  consolidating  or  merging  companies 
or  associations  which  is  owned  by  such  bank  at  the  time  of 
consolidation  or  merger.  Such  bank  may  deposit  not  more 
than  two  and  one  half  per  cent  of  its  deposits  in  any  national 
banking  association  located  in  this  commonwealth,  or  in 
any  trust  company  incorporated  in  this  commonwealth;  but 
such  deposit  shall  not  exceed  twenty-five  per  cent  of  the 


394 


Acts,  1941.  —  Chap.  413. 


G.  L.  (Ter. 
Ed.),  168, 
5  54,  further 
amended. 

G.  L.  (Ter. 
Ed.).  168, 
§  54,  further 
amended. 

List  of  bonds 
and  notes  to 
be  prepared. 


capital  stock  and  surplus  fund  of  such  association  or  trust 
company;  provided  that  nothing  in  this  section  shall  in- 
validate any  holding  of  such  stock  by  way  of  investment  or 
security  legally  made  before  December  first,  nineteen  hun- 
dred and  forty-one. 

Section  8.  Said  section  fifty-four  is  hereby  further 
amended  by  striking  out  subdivision  (d)  of  clause  Ninth, 
as  appearing  in  the  Tercentenary  Edition. 

Section  9.  Said  section  fifty-four  is  hereby  further 
amended  by  striking  out  clause  Fifteenth,  as  so  appearing, 
and  inserting  in  place  thereof  the  following  clause :  — 

Fifteenth,  (a)  Annually,  not  later  than  July  first,  the 
commissioner  shall  prepare  a  list  of  all  the  bonds,  notes  and 
interest  bearing  obligations  which  are  then  legal  invest- 
ments under  any  provision  of  clauses  Second,  Third,  Fifth, 
Fifth  A,  Fifth  B,  Sixth,  Sixth  A,  paragraph  (1)  of  subdivi- 
sion (c)  of  clause  Ninth,  and  clause  Seventeenth.  Said  list 
shall  at  all  times  be  open  to  public  inspection  and  a  copy 
thereof  shall  be  sent  to  every  savings  bank  and  to  every  trust 
company  having  a  savings  department.  In  the  preparation 
of  any  list  hereunder  which  the  commissioner  is  required  to 
prepare  or  furnish,  he  may  employ  such  expert  assistance  as 
he  deems  proper  or  may  rely  upon  information  contained 
in  publications  which  he  deems  authoritative  in  reference  to 
such  matters;  and  he  shall  be  in  no  way  held  responsible  or 
liable  for  the  omission  from  such  list  of  the  name  of  any 
state  or  political  subdivision  thereof,  or  corporation,  the 
bonds,  notes  or  other  interest  bearing  obligations  of  which 
conform  to  this  section,  or  of  any  bonds,  notes  or  other 
interest  bearing  obligations  which  so  conform,  nor  shall  he 
be  held  responsible  or  liable  for  the  inclusion  in  such  list  of 
any  such  names  or  bonds,  notes  or  other  interest  bearing 
obligations  which  do  not  so  conform. 

{b)  Officers  and  members  of  a  board  of  investment  of 
such  a  bank  may  rely  upon  the  list  referred  to  in  subdivi- 
sion (a)  of  this  clause  as  representing  an  accurate  listing  of 
bonds,  notes  and  other  interest  bearing  obligations  eligible 
for  investment  by  it. 

(c)  Upon  application  by  twenty-five  savings  banks  to  the 
Mutual  Savings  Central  Fund,  Inc.,  submitted  in  such  form 
and  under  such  regulations  as  its  directors  may  require,  re- 
questing authority  for  savings  banks  to  invest  their  deposits 
and  the  income  derived  therefrom  in  state,  municipal  or 
corporate  interest  bearing  obligations  not  otherwise  eligible 
for  investment  under  this  section,  said  directors  may  request 
the  commissioner,  in  such  form  and  under  such  regulations 
as  he  may  require,  in  his  discretion,  to  authorize  savings 
banks,  notwithstanding  any  other  provisions  of  this  section, 
to  invest  their  deposits  and  the  income  derived  therefrom  in 
any  such  state,  municipal  or  corporate  interest  bearing  obli- 
gation. Any  expense  incurred  by  the  Mutual  Savings  Cen- 
tral Fund,  Inc.  in  connection  with  the  consideration  of  such 
application  shall  be  a  proper  expense  to  be  incurred  and 


Acts,  1941.  —  Chap.  414.  395 

paid  by  it.  If  the  commissioner  grants  such  request  he  shall 
forthwith  send  written  notice  of  such  decision  to  said  directors 
and  to  each  savings  bank  and  shall  add  the  name  of  such 
investment  to  the  list  of  bonds  and  notes  ehgible  for  invest- 
ment provided  for  in  subdivision  (a)  of  this  clause.  At  any- 
time thereafter  the  commissioner  may,  on  his  own  initiative 
or  at  the  written  request  of  said  directors,  revoke  such  au- 
thority, in  which  event  he  shall  forthwith  send  written  notice 
of  such  revocation  to  said  directors  and  to  each  savings 
bank.  In  determining  that  such  investments  should  be  in- 
cluded in  the  list  of  investments  legal  for  savings  banks  or 
deleted  from  said  list  the  commissioner  may  employ  such 
expert  assistance  as  he  deems  proper  or  may  rely  upon  in- 
formation contained  in  publications  which  he  deems  authori- 
tative in  reference  to  such  matters.  Said  Mutual  Savings 
Central  Fund,  Inc.,  its  officers,  directors  and  agents,  shall 
be  in  no  way  held  responsible  or  liable  for  failure  to  take 
action  upon  any  such  application  or  to  make  any  such  re- 
quest of  the  commissioner. 

(d)  Not  more  than  five  per  cent  of  the  deposits  of  any 
such  bank  shall  be  invested  in  the  obligations  made  legal 
under  subdivision  (c)  of  this  clause,  nor  shall  more  than  one 
half  of  one  per  cent  of  such  deposits  be  invested  in  any  one 
such  obhgation. 

Section  10.     Said  section   fifty-four  is   hereby   further  g.  l.  (Ter. 
amended  by  striking  out  clause  Sixteenth,  as  so  appearing,  f^.'/i^^her 

Section  11.    Chapter  one  hundred  and  fifteen  of  the  acts  amended, 
of  the  current  year  is  hereby  repealed.  Repeal. 

Section  12.    This  act  shall  take  effect  on  December  first  Effective 
of  the  current  year.  Approved  June  26,  1941.      '^**^' 


An  Act  relative  to  placing  certain  city  and  town  Chav  414 

OFFICES   within   THE   CLASSIFIED   CIVIL   SERVICE   BY   POPU- 
LAR  VOTE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended  g.  l.  (Ter. 
by  striking  out  section  forty-nine  A,  inserted  by  chapter  one  f Igif Itc. 
hundred  and  eighty-three  of  the  acts  of  nineteen  hundred  amended, 
and  thirty-nine,  and  inserting  in  place  thereof  the  following 
section :  —  Section  49 A .    Upon  the  filing  with  the  clerk  of  a  civu  service 
city  or  town  of  a  petition  conforming  to  this  section,  request-  m^dp^ 
ing  that  an  office  or  offices  in  such  city  or  town  subject  to  employees, 
this  section  and  specified  in  the  petition  be  placed  within 
the  classified  civil  service,  the  question  or  questions  whether 
such  office  or  offices  shall  be  placed  within  said  service  shall 
be  submitted  to  the  registered  voters  of  such  city  or  town, 
in  a  city  or  town  using  official  ballots  at  the  next  regular 
municipal  election  after  the  expiration  of  sixty  days  follow- 
ing the  filing  of  such  petition  or  at  the  next  biennial  state 
election  following  the  expiration  of  ninety  days  after  the 
filing  thereof,  whichever  first  occurs,  and  in  a  town  not  using 


396  Acts,  1941.  — Chap.  414. 

official  ballots  at  the  next  biennial  state  election  after  the 
expiration  of  said  ninety  days. 

No  petition  under  this  section  shall  be  received  for  filing 
unless  it  is  signed  by  registered  voters  of  the  city  or  town  at 
least  equal  in  number  to  thirty  per  cent  of  the  number 
thereof  but  not  in  excess  of  twenty-five  hundred,  plus  six 
per  cent  of  the  number  thereof,  if  any,  in  excess  of  twenty- 
five  hundred  but  not  in  excess  of  twenty-seven  thousand 
five  hundred,  plus  one  per  cent  of  the  number  thereof,  if  any, 
in  excess  of  twenty-seven  thousand  five  hundred,  nor  unless 
it  bears  the  approval  in  writing  of  the  incumbent  or  incum- 
bents, at  the  time  of  the  filing  of  the  petition,  of  the  office 
or  offices  specified  therein. 

The  provisions  of  section  thirty-eight  of  chapter  forty- 
three,  relative  to  initiative  petitions  in  cities  subject  to  said 
chapter,  shall,  so  far  as  apt,  apply  to  petitions  under  this 
section ;  provided,  that  any  such  petition  shall  be  submitted 
to  the  registrars  of  voters  at  least  seven  days  prior  to  the 
last  day  for  filing  the  same  with  the  city  or  town  clerk  and 
that,  in  a  town,  the  petition  shall  be  transmitted  to  the 
selectmen  instead  of  to  the  city  council. 

Written  objections  to  the  validity  or  sufficiency  of  any 
such  petition  or  the  signatures  thereon  may  be  filed  with 
the  city  or  town  clerk  not  later  than  forty-eight  hours  after 
the  expiration  of  the  time  for  filing  petitions  with  said  clerk 
under  this  section,  and  such  objections  shall  be  considered 
by  the  appropriate  board  referred  to  in  section  twelve  of 
chapter  fifty-three.  In  the  consideration  of  objections  made 
under  this  section  such  board  shall  have  and  may  exercise 
all  the  powers  given  to  it  by  any  provision  of  law  relative 
to  objections  to  nominations.  The  notice  provided  by  said 
section  shall  be  sent  to  the  persons  filing  the  petition  and 
to  each  officer  affected  thereby.  The  board  shall  make  its 
decision  within  four  days  after  the  expiration  of  the  time  for 
filing  such  objections,  and  shall  forthwith  give  notice  thereof 
to  the  city  or  town  clerk.  Such  decision  shall  be  final,  ex- 
cept when  the  attorney  general,  in  the  case  of  a  state  elec- 
tion, determines  otherwise. 

The  city  or  town  clerk  shall,  within  ten  days  after  the 
expiration  of  the  time  for  filing  a  petition  under  this  section 
prior  to  a  state  election,  transmit  a  certified  copy  of  every 
such  petition  filed  with  him  for  the  submission  of  a  question 
or  questions  at  such  election,  together  with  the  certificate  of 
the  registrars  of  voters  relative  to  the  number  of  signatures 
thereon,  and  any  objections  ffied  hereunder,  with  the  decision 
of  the  board  upon  such  objections,  to  the  attorney  general, 
who  shall  certify  thereon  whether  or  not  the  petition  con- 
forms to  this  section  and  return  the  same  to  the  city  or  town 
clerk,  who,  if  such  certificate  states  that  the  petition  so  con- 
forms, shall  file  such  copy  and  certificate  with  the  state 
secretary  at  least  thirty  days  prior  to  the  date  of  such 
election. 


Acts,  1941.  — Chap.  414.  397 

Such  question  or  questions,  if  submitted  at  a  city  or  state 
election,  shall  be  printed  upon  the  official  ballot  to  be  used 
in  the  city  or  town  at  said  election,  and  if  submitted  at  a 
town  meeting  shall  be  printed  upon  the  official  ballot  to  be 
used  for  the  election  of  town  officers,  in  substantially  the 
following  form: 

Question  1.  (Part  1)  Shall  the  city  (or  town)  vote  that 
the  office  of  (title  of  office)  be  placed  within  the  classified 
civil  service?    Yes No 

(Part  2)  If  it  is  voted  to  place  the  office  of  (title  of  office) 
within  the  classified  civil  service,  shall  the  city  (or  town) 
vote  to  provide  for  the  continuance  in  said  office  of  (name 
of  incumbent),  the  present  incumbent  thereof,  after  passing 
a  qualifying  examination?    Yes No 

There  shall  be  a  separate  numbered  question  for  each  office 
sought  to  be  placed  within  the  classified  civil  service  under 
this  section. 

The  office  specified  in  Part  1  of  each  question  submitted 
under  this  section,  in  answer  to  which  a  majority  of  the 
voters  voting  thereon  vote  in  the  affirmative,  shall  be  placed 
within  the  classified  civil  service,  and  the  tenure  of  office  of 
any  incumbent  thereof  shall  be  unlimited  subject,  however, 
to  the  provisions  of  this  chapter;  provided,  that  if  Part  2 
of  the  question  in  which  said  office  is  specified  is  so  answered 
in  the  affirmative  the  incumbent  thereof  at  the  time  of  the 
filing  of  such  petition  shall,  if  still  the  incumbent  thereof,  be 
subjected  by  the  division  to  a  non-competitive  qualifying 
examination  for  such  office,  and  if  he  passes  said  examina- 
tion, he  shall  be  certified  for  said  office  and  shall  be  deemed 
to  be  permanently  appointed  thereto  without  being  required 
to  serve  any  probationary  period.  If  such  incumbent  does 
not  pass  such  non-competitive  qualifying  examination,  or  if 
a  majority  of  the  voters  voting  on  said  Part  2  of  the  ques- 
tion does  not  vote  thereon  in  the  affirmative,  such  incum- 
bent may  continue  to  serve  in  said  office,  but  shall  not  be 
subject  to  this  chapter. 

This  section  shall  apply  to  any  municipal  office  the  incum- 
bent of  which  shall  have  served  therein  continuously  for  not 
less  than  five  years  immediately  prior  to  the  filing  of  the 
petition  relative  thereto,  notwithstanding  any  provision  of 
law  exempting  such  office  or  the  incumbent  thereof  from 
any  provision  of  this  chapter;  but  this  section  shall  not  ap- 
ply to  any  office  filled  by  popular  vote  or  to  the  offices  of 
city  solicitor,  assistant  city  solicitor,  secretary  to  the  mayor, 
clerk  of  the  board  of  selectmen,  town  counsel,  assistant  town 
counsel,  legislative  counsel,  registrars  of  voters  or  public 
school  teachers. 

The  words  "registrars  of  voters",  as  used  in  this  section, 
shall  include  election  commissioners  or  other  officers  perform- 
ing similar  duties. 

Nothing  in  this  section  shall  prevent  a  town  from  acting 
under  sections  forty-seven,  forty-eight  and  forty-nine,  or  any 
of  them.  Approved  June  26,  1941. 


398 


Acts,  1941.  — Chap.  415. 


Emergency 
preamble. 


ChapA15  An  Act  relative  to  the  rates  of  legacy  and  succession 

TAXES. 

Whereas,  The  deferred  operation  of  this  act  would  deprive 
the  commonwealth  for  a  considerable  part  of  the  current 
year  of  certain  of  the  revenues  to  be  collected  thereunder 
and  delay  the  collection  of  other  such  revenues;  therefore, 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  sixty-five  of  the  Gen- 
eral Laws,  as  most  recently  amended  by  chapter  two  hun- 
dred and  ninety-three  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  further  amended  by  striking  out  the 
table  therein  contained  and  inserting  in  place  thereof  the 
following  table:  — 


fl.  L.  (Ter. 
Ed.).  65,  §  1, 
etc.,  amended. 


Rates  of  tax 
exemptions  on 
legacies  and 
successions. 


Relationship  op 

BENEnCIARY   TO 

Deceased. 


Class  A. 
Husband,  wife,  father, 
mother;  child, 
adopted  child,  adop- 
tive parent,  grand- 
child .... 

Class  B. 
Lineal  ancestor,  except 
father  or  mother;  lin- 
eal descendant,  except 
child  or  grandchild; 
lineal  descendant  of 
adopted  child;  lineal 
ancestor  of  adoptive 
parent;  wife  or  widow 
of  a  son;  husband  of 
a  daughter 

Class  C. 
Brother,     sister,     half 
brother,    half    sister, 
nephew,   niece,  step- 
child or  8tep-parent  . 

Ct.ass  D. 
All  others 


Rate  Per  Centum  of  Tax  on  Value  op 
Property  or  Interest. 


So 

> 


o        oo 
O 


1% 


goo 

,•5  0  0 

Ko  — 


Soo 


^  o 


00  0 

Soo 

w  OO 

"oo 


Soo 


2% 


3% 


6% 
8% 


ugo 

r'^OO" 

Wo-g 


.3% 

4% 

6% 

6% 

7% 

5% 

6% 

7% 

8% 

9% 

8% 

10% 

11% 

12% 

13% 

9% 

10% 

11% 

12% 

13% 

8% 


10% 

14% 
14% 


ws 


9% 


11% 

16% 
16% 


Operation 
of  act. 


Section  2.  Section  one  of  this  act  shall  apply  with 
respect  to  all  property  or  interests  therein  passing  or  accru- 
ing upon  the  death  of  persons  who  die  on  or  after  July  first, 
nineteen  hundred  and  forty-one.  Rates  in  effect  immedi- 
ately prior  to  the  passage  of  this  act  shall  continue  in  effect 


Acts,  1941.  — Chap.  416.  399 

with  respect  to  all  property  or  interests  therein  passing  or 
accruing  upon  the  death  of  persons  who  die  after  its  passage 
and  prior  to  July  first,  nineteen  hundred  and  forty-one. 

Approved  June  26,  1941- 


An   Act   extending   temporary   surtaxes   on   certain  ChavA\% 

SUBJECTS    OF   EXISTING   TAXATION. 

Whereas,  The  deferred  operation  of  this  act  would  deprive  Emergency 
the  commonwealth  for  a  considerable  part  of  the  current  p'"^™''®- 
year  of  certain  of  the  revenues  to  be  collected  thereunder 
and  delay  the  collection  of  other  such  revenues;   therefore, 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted f  etc.,  as  follows: 

Section  1.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  all  acts  in  amendment  thereof  and  in  addition  thereto, 
taxes  levied  under  the  provisions  of  section  nine  of  chapter 
three  hundred  and  seven  of  the  acts  of  nineteen  hundred 
and  thirty-three,  as  amended,  and  taxes  levied  under  the 
provisions  of  sections  thirty  to  sixty,  inclusive,  of  chapter 
sixty-three  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  and  all  acts  in  amendment  thereof  and 
in  addition  thereto,  an  additional  tax  equal  to  ten  per  cent 
of  the  taxes  assessed  under  the  provisions  of  said  sections, 
acts  and  chapters  in  or  on  account  of  each  of  the  calendar 
years  nineteen  hundred  and  forty-one,  nineteen  hundred 
and  forty-two  and  nineteen  hundred  and  forty-three,  and 
all  provisions  of  law  relative  to  the  assessment,  payment, 
collection  and  abatement  of  the  said  taxes  shall  apply  to  the 
taxes  imposed  by  this  section ;  provided,  that  no  tax  assessed 
under  this  section  in  or  on  account  of  the  year  nineteen  hun- 
dred and  forty-one  shall  bear  interest  prior  to  October  first 
of  such  year. 

A  fiduciary  shall  be  liable  to  pay  a  tax  under  this  section 
upon  income  received  and  distributed  by  him  prior  to  the 
effective  date  thereof  only  to  the  extent  that  such  fiduciary 
shall,  after  said  effective  date,  hold  as  such  fiduciary  funds 
of  an  estate  or  trust  due  to  the  beneficiary  to  whom  said 
income  was  distributed. 

Section  2.  All  property  subject  to  a  legacy  and  succes- 
sion tax  under  the  provisions  of  chapter  sixty-five  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  of  any  further  amendments  thereof  or  additions  thereto, 
shall  be  subject  to  an  additional  tax  of  ten  per  cent  of  all 
taxes  imposed  by  said  provisions  with  respect  to  property  or 
interests  therein  passing  or  accruing  upon  the  death  of 
persons  who  die  during  the  period  beginning  January  first, 
nineteen  hundred  and  forty-one,  and  ending  June  thirtieth, 
nineteen  hundred  and  forty-three.     All  provisions  of  law 


400  Acts,  1941.  —  Chap.  417. 

relative  to  the  determination,  certification,  payment,  col- 
lection and  abatement  of  such  legacy  and  succession  taxes 
shall  apply  to  the  additional  tax  imposed  by  this  section. 

Section  3.  All  the  taxes  provided  by  sections  one  and 
two  of  this  act  shall  be  retained  by  the  commonwealth. 

Approved  June  26,  1941. 

ChapA17  An  Act  providing  for  the  extension  of  the  temporary 

CIGARETTE   TAX. 

Emergency  Wkcreas,  The  deferred  operation  of  this  act  would  defeat 

so  much  of  its  purpose  as  is  to  authorize  the  continued  col- 
lection of  an  excise  on  the  sale  of  cigarettes,  without  inter- 
ruption; and 

Whereas,  This  act  provides  for  an  appropriation  and, 
under  authority  of  section  one  of  chapter  four  of  the  Gen- 
eral Laws,  an  act  making  an  appropriation  may  be  made 
effective  upon  its  passage  by  the  adoption  of  an  emergency 
preamble,  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.  Whenever  used  in  this  act,  unless  the  context 
shall  otherwise  require,  the  following  words  or  terms  shall 
have  the  following  meanings:  —  "commissioner"  shall  mean 
the  commissioner  of  corporations  and  taxation;  "person", 
any  individual,  firm,  fiduciary,  partnership,  corporation, 
trust  or  association,  however  formed,  trustee,  agency  or 
receiver;  "manufacturer",  any  person  who  manufactures 
or  produces  cigarettes,  whether  within  or  without  the  com- 
monwealth; "wholesaler",  any  person  who  purchases  di- 
rectly from  the  manufacturer  at  least  seventy-five  per  cent 
of  all  cigarettes  purchased  by  him  and  who  sells  at  least 
seventy-five  per  cent  of  all  cigarettes  purchased  by  him  to 
others  for  resale;  the  term  "wholesaler"  shall  also  apply  to 
any  chain  of  stores  retailing  cigarettes  to  the  consumer, 
providing  seventy-five  per  cent  of  its  purchases  are  made 
direct  from  the  manufacturer;  "sub-jobber",  any  person 
other  than  a  wholesaler  or  vending  machine  operator  who 
purchases  his  cigarettes  from  manufacturers,  licensed  whole- 
salers or  licensed  sub-jobbers  and  seventy-five  per  cent  of 
whose  business  consists  in  the  sale  at  wholesale  of  cigarettes 
to  persons  licensed  under  this  act;  "vending  machine  oper- 
ator", any  person  other  than  a  manufacturer,  a  wholesaler 
or  a  sub-jobber  who  operates  one  or  more  vending  machines 
and  who  purchases  his  cigarettes  from  a  manufacturer  or 
from  a  licensed  wholesaler  or  licensed  sub-jobber;  "unclassi- 
fied importer",  any  person  other  than  a  transportation 
company  who  imports  or  acquires  cigarettes  from  any  one 
other  than  a  licensed  wholesaler,  licensed  sub-jobber,  li- 
censed vending  machine  operator  or  hcensed  manufacturer; 
"transportation  company",  any  person  operating,  or  sup- 


Acts,  1941.  —  Chap.  417.  401 

plying  to  a  common  carrier,  cars,  boats  or  other  vehicles  for 
the  transportation  or  accommodation  of  passengers  and 
engaged  in  the  sale  of  cigarettes  at  retail;  "retailer",  any 
person  other  than  a  transportation  company  who  sells  ciga- 
rettes at  retail,  including  a  person  selling  through  vending 
machines;  "licensed",  licensed  under  this  act.  Whenever 
used  in  this  act,  unless  the  context  shall  otherwise  require, 
the  words  "sales"  or  "sale"  in  addition  to  their  ordinary 
meaning  shall  include  or  apply  to  use,  gifts,  exchanges  and 
barter,  and  the  term  "place  of  business"  shall  mean  and 
include  any  place  where  cigarettes  are  sold  or  where  ciga- 
rettes are  brought  or  kept  for  the  purpose  of  sale  or  con- 
sumption, including  so  far  as  applicable  any  vessel,  vehicle, 
airplane,  train  or  cigarette  vending  machine. 

Section  2.  No  person  shall  carry  on  the  business  of 
selling  cigarettes  nor  act  as  a  manufacturer,  wholesaler,  sub- 
jobber,  vending  machine  operator,  unclassified  importer, 
transportation  company  or  retailer,  in  the  commonwealth, 
unless  licensed  so  to  do  as  herein  provided.  The  commis- 
sioner, upon  proper  application  and  the  payment  of  the 
applicable  fee  herein  provided,  shall  issue  a  license  to  each 
manufacturer,  wholesaler,  sub-jobber,  vending  machine  op- 
erator, unclassified  importer,  transportation  company  or 
retailer;  provided,  that,  in  the  case  of  a  retailer,  each  place 
of  business  shall  be  separately  licensed.  If  a  manufacturer, 
wholesaler,  sub-jobber,  vending  machine  operator  or  un- 
classified importer  acts  in  more  than  one  of  said  capacities 
at  any  one  place  of  business  he  shall  procure  a  license  for 
each  capacity  in  which  he  acts.  Every  machine  operated  or 
maintained  for  the  purpose  of  vending  cigarettes  shall  for 
the  purposes  of  this  act  be  deemed  to  constitute  a  place  of 
retail  business,  and  no  person  shall  maintain  or  cause  to  be 
operated  such  a  machine  without  procuring  a  retailer's  li- 
cense. Each  license  so  issued  or  a  duplicate  copy  thereof 
shall  be  prominently  displayed  on  the  premises  covered  by 
the  license  and  in  the  case  of  vending  machines  there  shall 
be  attached  to  the  same  a  disc  or  marker  to  be  furnished  by 
the  commissioner  showing  it  to  have  been  licensed.  The 
commissioner  shall  prescribe  the  forms  of  application  for  a 
license  under  this  act  and  may  require  therein  such  informa- 
tion as  he  deems  necessary  in  connection  with  the  proper 
administration  of  this  act.  The  fees  for  licenses  shall  be  as 
follows :  —  a  manufacturer's  license,  a  sum  determined  by 
the  commissioner,  but  not  to  exceed  twenty-five  dollars; 
a  wholesaler's  license,  one  hundred  dollars;  a  sub-jobber's 
license,  fifty  dollars;  a  vending  machine  operator's  license, 
twenty  dollars;  an  unclassified  importer's  license,  a  sum 
determined  by  the  commissioner,  but  not  to  exceed  seventy- 
five  dollars;  a  transportation  company's  license,  five  dol- 
lars; a  retailer's  license,  one  dollar.  The  licensing  of  the 
operation  of  cigarette  vending  machines  is  retained  exclu- 
sively by  the  commonwealth  and  no  city,  town  or  other 
political  subdivision  of  the  commonwealth  may  license  such 


402  Acts,  1941. —  Chap.  417. 

operation.  No  fee,  nor  any  part  of  any  fee,  shall  be  refunded 
by  reason  of  relinquishment  or  revocation  of  the  license,  or 
except  under  decree  of  a  court  of  competent  jurisdiction,  for 
any  other  reason  or  cause. 

Section  3.  Each  license  issued  under  section  two  shall 
expire  on  the  thirtieth  day  of  June  next  succeeding  the  date 
of  issuance,  unless  sooner  revoked  by  the  commissioner  as 
provided  in  section  four  or  unless  the  business  with  respect 
to  which  such  license  was  issued  shall  change  ownership,  or 
unless  the  holder  of  the  license  shall  remove  his  business 
from  the  premises  covered  by  the  license,  in  any  of  which 
cases  the  holder  of  the  license  shall  immediately  return  it  to 
the  commissioner.  In  the  event  that  the  holder  of  a  license 
removes  his  business  to  another  location  within  the  com- 
monwealth, the  license  with  respect  to  the  former  place  of 
business  shall,  without  the  payment  of  an  additional  fee, 
be  reissued  for  the  new  location  for  the  balance  of  the  un- 
expired term.  The  holder  of  each  license,  on  application  to 
the  commissioner  accompanied  by  the  applicable  fee  pre- 
scribed in  section  two,  may  before  the  expiration  date  of  the 
license  then  held  by  him  renew  his  license  for  a  further 
period  of  one  year. 

Section  4.  The  commissioner  may  suspend  or  revoke 
any  license  issued  under  this  act  for  failure  of  the  licensee 
to  comply  with  any  provision  of  said  act,  or  if  the  licensee 
has  ceased  to  act  in  the  capacity  for  which  the  license  was 
issued.  Any  person  aggrieved  by  such  suspension  or  revo- 
cation may  apply  to  the  commissioner  for  a  hearing  as 
provided  in  section  twelve  and  may  further  appeal  to  the 
appellate  tax  board  as  provided  in  section  fourteen. 

Section  5.  Every  manufacturer,  wholesaler,  sub-jobber 
and  unclassified  importer  shall  keep  a  complete  and  accurate 
record  of  all  sales  of  cigarettes,  including  the  name  and 
address  of  the  purchaser,  the  place  and  date  of  delivery,  the 
quantity  of  cigarettes  and  the  trade  name  or  brand  thereof, 
and  a  complete  and  accurate  record  of  the  quantity  of  ciga- 
rettes imported,  purchased  or  manufactured,  and  the  date  of 
importation,  purchase  or  manufacture.  Every  such  person 
shall  also  deliver  with  every  consignment  of  cigarettes  to  a 
purchaser  within  the  commonwealth  a  written  statement 
containing  the  date  of  purchase,  the  names  of  the  purchaser 
and  seller,  the  quantity  of  cigarettes  and  the  trade  name  or 
brand  thereof,  and  shall  retain  a  duplicate  of  each  such 
statement.  Each  vending  machine  operator  shaU  keep  a 
complete  and  accurate  record  of  cigarettes  imported,  pur- 
chased or  otherwise  acquired  by  him,  including  the  name  and 
address  of  the  seller,  the  place  and  date  of  receipt  and  the 
quantity  of  cigarettes  and  the  trade  name  or  brand  thereof, 
and  shall  also  keep  a  detailed  record  of  all  cigarettes,  in- 
cluding the  quantity  of  cigarettes  and  trade  name  or  brand 
thereof,  placed  in  each  vending  machine,  the  location  of  the 
vending  machine  and  the  date  of  placing.  Said  records  and 
said  statements  shall  be  in  such  form  as  the  commissioner 


Acts,  1941.  — Chap.  417.  403 

shall  prescribe  and  shall  be  preserved  by  such  manufactur- 
ers, wholesalers,  sub-jobbers,  vending  machine  operators,  un- 
classified importers  and  purchasers,  respectively,  for  a  period 
of  two  years  and  shall  be  offered  for  inspection  at  any  time 
upon  oral  or  written  demand  by  the  commissioner  or  his 
duly  authorized  agent.  The  commissioner  may,  in  his  dis- 
cretion, require  reports  from  any  common  carrier  who  trans- 
ports cigarettes  to  any  point  or  points  within  the  common- 
wealth and  from  any  other  person  who,  under  contract,  so 
transports  cigarettes,  and  from  any  bonded  warehouseman 
or  bailee  who  has  in  his  possession  any  cigarettes,  such  reports 
to  contain  such  information  concerning  shipments  of  ciga- 
rettes as  the  commissioner  shall  determine.  All  such  car- 
riers, bailees,  warehousemen  and  other  persons  shall  permit 
the  examination  by  the  commissioner  or  his  duly  author- 
ized agent  of  any  records  relating  to  the  shipment  of  ciga- 
rettes into,  or  from,  or  the  receipt  thereof  within,  the  com- 
monwealth. Whenever  cigarettes  are  received  or  acquired 
within  the  commonwealth  by  a  wholesaler,  sub-jobber  or 
vending  machine  operator  licensed  under  section  two,  each 
shipping  case  or  other  container  of  such  cigarettes  shall  bear 
the  name  and  address  of  such  Ucensee  who  made  the  first 
purchase  from  the  manufacturer,  together  with  the  invoice 
number  of  the  invoice  covering  such  purchase  from  the 
manufacturer.  Any  person  who  shall  knowingly  be  in  pos- 
session within  the  commonwealth  of  such  a  shipping  case 
or  other  container  of  cigarettes  not  bearing  such  name  and 
address  and  invoice  number,  if  any,  and  containing  cigarettes, 
or  any  such  Ucensee  knowingly  being  in  possession  within 
the  commonwealth  of  such  a  shipping  case  or  other  con- 
tainer of  cigarettes  from  which  such  name  and  address  has 
been  erased  or  defaced,  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  nor  more  than  one  hundred  dollars; 
and  any  cigarettes  in  such  shipping  case  or  other  container 
from  which  such  name  or  address  or  invoice  number,  if  any, 
has  been  erased  or  defaced  shall  be  deemed  to  be  cigarettes 
upon  which  the  excise  imposed  by  this  act  has  not  been  paid. 
Whenever  cigarettes  are  shipped  outside  of  the  common- 
wealth every  licensee  under  section  two  so  shipping  them 
shall  cause  to  be  placed  on  every  shipping  case  or  other 
container  in  which  the  cigarettes  are  shipped  the  name  and 
address  of  the  consignee  to  whom  the  shipment  is  made  out- 
side of  the  commonwealth. 

Section  6.  Every  licensee  under  section  two,  other  than 
a  retailer,  shall,  on  or  before  the  fifteenth  day  of  each  month, 
file  with  the  commissioner  a  return  under  the  penalties  of 
perjury,  on  a  form  to  be  furnished  by  the  commissioner, 
stating  the  number  of  cigarettes  sold  by  such  licensee  in  the 
commonwealth  during  the  preceding  calendar  month  and 
such  return  shall  contain  or  be  accompanied  by  such  further 
information  as  the  commissioner  shall  require.  Such  licensee 
shall,  at  the  time  of  filing  such  return,  pay  to  the  commis- 
sioner an  excise  equal  to  one  mill  for  each  cigarette  so  sold 


404  Acts,  1941.  — Chap.  417. 

during  the  calendar  month  covered  by  the  return ;  provided, 
that  cigarettes  with  respect  to  which  the  excise  under  this 
act  has  once  been  imposed  and  has  not  been  refunded  if 
paid,  shall  not  be  subject  upon  a  subsequent  sale  to  the  excise 
imposed  by  this  act.  Such  abatement  of  the  excise  provided 
by  this  act  may  be  made  by  the  commissioner  by  reason  of 
bad  debts,  loss  of  cigarettes  and  such  other  causes  as  the 
commissioner  may  deem  expedient.  The  commissioner  shall 
certify  said  amount  to  the  comptroller  and  the  state  treasurer 
shall  pay  said  amount,  without  any  appropriation  therefor 
by  the  general  court,  out  of  the  proceeds  of  such  excise. 

Each  unclassified  importer  shall,  upon  importation  of  ciga- 
rettes into  the  commonwealth,  file  with  the  commissioner  a 
return  under  penalties  of  perjury,  on  a  form  to  be  furnished 
by  the  commissioner,  stating  the  number  of  cigarettes  im- 
ported, and  shall,  at  the  time  of  fihng  such  return,  pay  to  the 
commissioner  an  excise  equal  to  one  mill  for  each  cigarette 
so  imported  and  held  for  sale  or  consumption,  and  cigarettes 
with  respect  to  which  such  excise  has  been  imposed  and  has 
not  been  refunded  if  paid,  shall  not  be  subject  when  subse- 
quently sold  to  any  further  excise  under  this  act. 

Section  7.  If  a  licensee  under  section  two,  having  failed 
to  file  a  return,  or,  having  filed  an  incorrect  or  insufficient 
return,  fails  to  file,  within  ten  days  after  the  mailing  or  de- 
livery of  written  notice  to  him  by  the  commissioner  of  his 
delinquency,  a  correct  and  sufficient  return  and  to  pay  the 
amount  shown  to  be  due,  with  interest  at  six  per  cent  from 
the  fifteenth  day  of  the  month  in  which  the  return  is  required 
to  be  made  pursuant  to  section  six,  the  commissioner  shall 
determine  the  amount  due,  at  any  time  prior  to  the  time 
this  act  ceases  to  be  in  effect.  Such  licensee  may  appeal  to 
the  appellate  tax  board  from  the  determination  of  the  com- 
missioner within  ten  days  after  the  mailing  or  delivery  of 
written  notice  thereof,  and,  the  decision  of  such  board  shall 
be  final.  The  commissioner,  or  in  the  case  of  appeal  the 
appellate  tax  board,  having  made  such  determination,  shall 
give  notice  in  writing  to  the  delinquent  licensee  of  the  amount 
determined  to  be  due  and  the  licensee  shall,  forthwith  after 
the  mailing  or  delivery  of  such  notice,  pay  to  the  commis- 
sioner the  amount  so  determined,  with  interest  at  six  per  cent 
from  the  fifteenth  day  of  the  month  in  which  the  return  is 
required  to  be  made  pursuant  to  section  six. 

Section  8.  A  deputy  sheriff,  chief  of  police,  deputy 
chief  of  police,  city  marshal,  deputy  or  assistant  marshal, 
police  officer,  including  a  state  police  officer  or  a  special  police 
officer  appointed  under  section  sixteen,  or  constable,  or,  in 
the  county  of  Dukes  or  Nantucket,  the  sheriff  anywhere 
within  his  county,  may  without  a  warrant  arrest  any  person 
whom  he  finds  in  the  act  of  illegally  transporting  or  deliver- 
ing cigarettes,  which  have  not  been  returned  and  are  not 
returnable  under  section  six,  by  a  licensee  under  section 
two,  and  seize  the  said  cigarettes,  and  the  vending  machines, 


Acts,  1941.  —  Chap.  417.  405 

receptacles,  boxes  or  cartons  in  which  the  same  are  contained, 
hereinafter  called  the  container  or  containers,  in  the  posses- 
sion of  such  person,  and  detain  them  until  a  warrant  for  the 
arrest  of  such  person,  and  a  warrant  for  the  seizure  of  said 
cigarettes  and  the  container  or  containers,  can  be  procured. 
Such  cigarettes  and  the  container  or  containers  shall  be  for- 
feited to  the  commonwealth  and  proceedings  shall  be  had 
as  provided  hereinafter  and  in  sections  fifty  to  fifty-five,  in- 
clusive, of  chapter  one  hundred  and  thirty-eight  of  the  Gen- 
eral Laws.  Such  officers  shall  enforce  or  cause  to  be  enforced 
the  penalties  provided  by  law  against  every  person  who  is 
guilty  of  a  violation  of  any  law  relative  to  the  possession  of 
such  cigarettes  and  container  or  containers  of  which  they 
can  obtain  reasonable  proof. 

If  the  commissioner  or  his  authorized  agent  makes  com- 
plaint to  a  district  court  or  trial  justice  or  justice  of  the  peace 
authorized  to  issue  warrants  in  criminal  cases  that  he  has 
reason  to  believe  and  does  believe  that  cigarettes,  which  have 
not  been  returned  and  are  not  returnable  under  section  six, 
by  a  licensee  under  section  two,  and  which  are  described  in 
the  complaint,  are  kept  or  deposited  by  a  person  named 
therein  in  a  store,  shop,  warehouse,  building,  vehicle,  steara- 
<boat,  vessel  or  place,  such  court  or  justice,  if  it  appears  that 
there  is  probable  cause  to  believe  said  complaint  to  be  true, 
shall  issue  a  search  warrant  to  an  officer  qualified  to  serve 
criminal  process,  commanding  him  to  search  the  premises 
in  which  it  is  alleged  that  such  cigarettes  are  kept  or  de- 
posited, and  to  seize  such  cigarettes,  and  the  container  or 
containers,  and  securely  keep  such  cigarettes  and  container 
or  containers  until  final  action  thereon,  and  return  the  war- 
rant with  his  doings  thereon,  as  soon  as  may  be,  to  a  district 
court  or  trial  justice  having  jurisdiction  in  the  place  in  which 
such  cigarettes  and  container  or  containers  are  alleged  to  be 
kept  or  deposited. 

The  complaint  shall  particularly  designate  the  building, 
structure  or  other  place  to  be  searched,  the  cigarettes  and 
container  or  containers  to  be  seized,  the  person  by  whom 
they  are  owned,  kept  or  possessed  and  shall  allege  that  such 
cigarettes  are  illegally  kept  or  possessed.  The  warrant  shall 
allege  that  probable  cause  has  been  shown  for  the  issuing 
thereof;  and  the  place  to  be  searched,  the  cigarettes  and  con- 
tainer or  containers  to  be  seized,  and  the  person  believed  to 
be  the  owner,  possessor  or  keeper  of  such  cigarettes  and  con- 
tainer or  containers,  shall  be  designated  therein  with  the 
same  particularity  as  in  the  complaint  and  the  complainant 
shall  be  summoned  to  appear  as  a  witness. 

The  officer  to  whom  the  warrant  is  committed  shall  search 
the  premises  and  seize  the  cigarettes  and  container  or  con- 
tainers described  in  the  warrant,  if  they  are  found  in  or  upon 
said  premises,  and  shall  convey  the  same  to  some  place  of 
security,  where  he  shall  keep  the  cigarettes  and  container  or 
containers  until  final  action  is  had  thereon. 


406  Acts,  1941.  —  Chap.  417. 

The  court  or  trial  justice  before  whom  the  warrant  is 
returned  shall,  within  twenty-four  hours  after  the  seizure 
thereunder  of  the  cigarettes  and  container  or  containers, 
issue  a  notice,  under  seal,  and  signed  by  the  justice  or  the 
clerk  of  said  court,  or  by  the  trial  justice,  commanding  the 
person  complained  against  as  the  keeper  of  the  cigarettes  and 
container  or  containers  seized  and  all  other  persons  who  claim 
any  interest  therein  to  appear  before  said  court  or  trial  jus- 
tice, at  a  time  and  place  therein  named,  to  answer  to  said 
complaint  and  show  cause  why  such  cigarettes  and  container 
or  containers  should  not  be  forfeited. 

The  notice  shall  contain  a  description  of  the  number  and 
kind  of  container  or  containers,  and  the  quantity  and  kind 
of  cigarettes,  seized,  as  nearly  as  may  be,  and  shall  state  when 
and  where  they  were  seized.  It  shall,  not  less  than  fourteen 
days  before  the  time  appointed  for  the  trial,  be  served  by  a 
sheriff,  deputy  sheriff,  constable  or  police  officer  upon  the 
person  charged  with  being  the  keeper  thereof  by  leaving  an 
attested  copy  thereof  with  him  personally  or  at  his  usual 
place  of  abode,  if  he  is  an  inhabitant  of  the  commonwealth, 
and  by  posting  an  attested  copy  on  the  building  in  which  the 
cigarettes  and  container  or  containers  were  seized,  if  they 
were  found  in  a  building;  otherwise  in  a  public  place  in  the 
city  or  town  in  which  they  were  seized. 

At  the  time  and  place  designated  in  the  notice,  the  person 
complained  against,  or  any  person  claiming  an  interest  in  the 
cigarettes  and  container  or  containers  seized,  or  any  part 
thereof,  may  appear  and  make  his  claim  orally  or  in  writing, 
and  a  record  of  his  appearance  and  claim  shall  be  made,  and 
he  shall  be  admitted  as  a  party  to  the  trial.  Whether  or  not 
a  claim  as  aforesaid  is  made,  the  court  or  trial  justice  shall 
proceed  to  try,  hear  and  determine  the  allegations  of  such 
complaint,  and  whether  said  cigarettes  and  container  or  con- 
tainers, or  any  part  thereof,  are  forfeited.  If  it  appears  that 
the  cigarettes  and  container  or  containers,  or  any  part  thereof, 
were  at  the  time  of  making  the  complaint  owned  or  kept  by 
the  person  alleged  therein  in  violation  of  law,  the  court  or 
trial  justice  shall  render  judgment  that  such  and  so  much  of 
the  cigarettes  so  seized  as  were  so  unlawfully  kept,  and  the 
container  or  containers  in  which  they  were  contained,  shall, 
except  as  hereinafter  provided,  be  forfeited  to  the  common- 
wealth. 

If  it  is  not  proved  on  the  trial  that  all  or  part  of  the  ciga- 
rettes seized  were  kept  contrary  to  law,  the  court  or  trial 
justice  shall  issue  a  written  order  to  the  officer  having  the 
same  in  custody  to  return  so  many  thereof  as  were  not  proved 
to  be  so  kept  or  deposited,  and  the  container  or  containers 
in  which  such  cigarettes  were  contained,  to  the  place  as 
nearly  as  may  be  from  which  they  were  taken,  or  to  deliver 
them  to  the  person  entitled  to  receive  them.  After  executing 
such  order,  the  officer  shall  return  it  to  the  court  or  trial 
justice  with  his  doings  endorsed  thereon. 


Acts,  1941.  —  Chap.  417.  407 

If  no  person  appears  and  is  admitted  as  a  party  as  afore- 
said, or  if  judgment  is  rendered  in  favor  of  all  the  claimants 
who  appear,  the  cost  of  the  proceedings  shall  be  paid  as  in 
other  criminal  cases.  If  only  one  party  appearing  fails  to 
sustain  his  claim,  he  shall  pay  all  the  costs  except  the  expense 
of  seizing  and  keeping  the  cigarettes  and  the  container  or 
containers,  and  an  execution  shall  be  issued  against  him 
therefor.  If  judgment  is  rendered  against  two  or  more  claim- 
ants of  distinct  interests  in  the  cigarettes,  or  container  or 
containers,  the  cost  shall,  according  to  the  discretion  of  the 
court  or  trial  justice,  be  apportioned  among  such  parties,  and 
executions  shall  be  issued  against  them  severally.  If  any  such 
execution  is  not  forthwith  paid,  the  defendant  therein  named 
shall  be  committed  to  jail,  and  shall  not  be  discharged  there- 
from until  he  has  paid  the  same  and  the  costs  of  commitment, 
or  until  he  has  been  imprisoned  thirty  days. 

A  claimant  whose  claim  is  not  allowed  as  aforesaid,  and  the 
person  complained  against,  shall  each  have  the  same  right 
of  appeal  to  the  superior  court  as  if  he  had  been  convicted  of 
crime;  but  before  his  appeal  is  allowed  he  shall  recognize 
to  the  commonwealth  in  the  sura  of  two  hundred  dollars, 
with  sufficient  surety  or  sureties,  to  prosecute  his  appeal  to 
the  superior  court  and  to  abide  the  sentence  of  the  court 
thereon.  _  Upon  such  appeal,  any  question  of  fact  shall  be 
tried  by  a  jury.  On  the  judgment  of  the  court  after  verdict, 
whether  a  forfeiture  of  the  whole  or  any  part  of  the  cigarettes 
and  container  or  containers  seized,  or  otherwise,  similar 
proceedings  shall  be  had  as  are  directed  in  sections  fifty  to 
fifty-four,  inclusive,  of  chapter  one  hundred  and  thirty-eight 
of  the  General  Laws, 

Section  9.  Sums  due  to  the  commonwealth  under  this 
act  may  be  recovered  by  the  attorney  general  in  an  action 
brought  in  the  name  of  the  commissioner.  The  commissioner 
shall  have  the  same  powers  and  remedies  with  respect  to  the 
collection  of  said  sums  as  he  has  with  respect  to  the  collection 
of  income  taxes  under  chapter  sixty-two  of  the  General 
Laws.  Sums  overdue  shall  bear  interest  at  the  rate  of  six 
per  cent  per  annum  from  the  date  when  due  to  the  date  of 
payment.  The  commissioner  may  require  a  licensee  under 
section  two  to  furnish  a  surety  company  bond  with  a  surety 
company  authorized  to  do  business  in  the  commonwealth  as 
surety,  in  such  amount  as  he  may  fix,  conditioned  upon  the 
payment  of  the  excise  provided  by  this  act. 

Section  10.  No  person  shall  have  in  his  possession  for  a 
period  in  excess  of  forty-eight  hours  a  machine  for  vending 
cigarettes  unless  there  shall  be  attached  to  the  same  a  disc 
or  marker  as  provided  in  section  two;  provided,  that  this 
provision  shall  not  apply  to  any  such  machine  while  not 
containing  cigarettes  and  in  the  possession  of  a  manufacturer 
of,  or  dealer  in,  such  machines  or  a  licensed  vending  machine 
operator.  Any  person  violating  this  provision,  and  any 
person  who  shall  sell,  offer  for  sale  or  possess  with  intent  to 


408  Acts,  1941.  —  Chap.  417. 

sell  any  cigarettes  or  otherwise  act  as  a  manufacturer,  whole- 
saler, sub-jobber,  vending  machine  operator,  unclassified 
importer,  transportation  company  or  retailer  without  being 
licensed  so  to  do  under  section  two,  shall,  in  addition  to  any 
other  penalty  provided  by  this  act,  be  punished  by  a  fine  of 
not  less  than  five  hundred  nor  more  than  one  thousand  dol- 
lars or  by  imprisonment  for  not  more  than  one  year,  or  both. 
Any  person  who  knowingly  purchases  or  possesses  any  ciga- 
rettes not  manufactured,  purchased  or  unported  by  a  manu- 
facturer, wholesaler,  sub-jobber,  vending  machine  operator, 
unclassified  importer  or  transportation  company,  as  the  case 
may  be,  so  licensed,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  one  thousand  dollars.  No  person, 
either  as  principal  or  agent,  shall  sell  or  solicit  orders  for 
cigarettes  to  be  shipped,  mailed  or  otherwise  sent  or  brought 
into  the  commonwealth  to  any  person  not  a  manufacturer, 
wholesaler,  sub- jobber,  vending  machine  operator,  unclassi- 
fied importer  or  transportation  company  so  licensed.  Any 
licensee  under  section  two  who  files  any  false  return,  affidavit 
or  statement,  or  who  violates  any  provision  of  this  act  for 
which  no  other  penalty  has  been  provided,  shall  be  punished 
by  a  fine  of  not  more  than  one  thousand  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  or  both.  The  state 
police  and  all  local  police  authorities  shall  at  the  request  of 
the  commissioner  or  his  duly  authorized  agent  enforce  the 
preceding  provisions  of  this  section.  A  licensee  under  sec- 
tion two  who  fails  to  file  a  return  to  the  commissioner  as 
required  by  section  six,  or  a  corrected  return  as  required  by 
section  seven,  or  who  fails  to  make  a  report  required  by  sec- 
tion eleven,  for  the  period  of  ten  days  after  written  notice  by 
the  commissioner  so  to  do,  shall  forfeit  to  the  commonwealth 
and  pay  to  the  commissioner  on  demand  the  sum  of  five 
dollars  for  each  day  of  delay  after  mailing  or  dehvery  of 
written  notice  by  the  commissioner  of  such  failure.  The 
commissioner  may  for  cause  remit  the  whole  or  a  part  of  the 
amount  so  forfeited.  Any  person  other  than  such  a  licensee 
who  knowingly  sells  or  offers  for  sale  or  possesses  any  cigar 
rettes  upon  which  the  excise  imposed  by  this  act  has  not  been 
paid  shall  be  liable  to  the  commonwealth  in  double  the 
amount  of  the  excise  in  an  action  of  contract;  provided, 
that  this  provision  shall  not  apply  in  the  case  of  cigarettes 
included  or  required  to  be  included  in  a  return  of  a  manu- 
facturer, wholesaler,  sub-jobber,  vending  machine  operator, 
unclassified  importer  or  transportation  company  licensed 
under  section  two.  Any  such  licensee  required  to  make  re- 
turn of  the  sale  of  cigarettes  who  knowingly  sells  cigarettes 
and  does  not  make  return  of  the  same  shall  be  liable  to  the 
commonwealth  in  double  the  amount  of  the  excise  in  an 
action  of  contract. 

Section  11,  Each  retailer  shall  keep  within  the  common- 
wealth complete  and  accurate  records  of  all  cigarettes  pur- 
chased or  otherwise  acquired  and  sold.  Such  records  shall 
be  of  such  kind  and  in  such  form  as  the  commissioner  may 


Acts,  1941.  — Chap.  417.  409 

prescribe  and  shall  be  safely  preserved  for  two  years  in  such 
manner  as  to  insure  permanency  and  accessibility  for  in- 
spection by  the  commissioner  or  his  authorized  representa- 
tive. The  commissioner  may  require  any  retailer  to  make 
reports  as  often  as  he  deems  necessarj^  to  enable  him  to  de- 
termine whether  the  excise  imposed  by  this  act  has  been  fully 
paid.  The  commissioner  and  his  authorized  representatives 
may  examine  the  books,  papers  and  records  of  any  retailer 
in  the  commonwealth,  for  the  purpose  of  determining  whether 
the  excise  imposed  by  this  act  has  been  fully  paid,  and  may 
investigate  and  examine  any  stock  of  cigarettes  in  or  upon 
any  premises  where  such  cigarettes  are  possessed,  stored  or 
sold,  for  the  purpose  of  determining  whether  the  provisions 
of  this  act  are  being  obeyed. 

Section  12.  Any  person  aggrieved  by  any  action  of  the 
commissioner  or  his  authorized  representatives  under  this 
act  for  which  an  appeal  is  not  provided  in  section  seven  may, 
within  ten  days  after  written  notice  of  such  action  is  de- 
livered or  mailed  to  him,  apply  to  the  commissioner  in  writing 
for  a  hearing,  setting  forth  the  reasons  why  such  hearing 
should  be  granted  and  the  manner  of  relief  sought.  The 
commissioner  shall  consider  each  such  application  and  may 
grant  or  deny  the  hearing  requested.  If  the  hearing  be 
denied,  the  applicant  shall  be  notified  in  writing  thereof; 
if  it  be  granted,  the  commissioner  shall  in  writing  notify  the 
applicant  of  the  time  and  place  fixed  for  such  hearing.  After 
such  hearing,  the  commissioner  shall  notify  the  applicant  of 
his  decision.  The  commissioner  may,  by  notice  in  writing, 
at  any  time,  order  a  hearing  on  his  own  initiative. 

Section  13.  The  commissioner  and  any  representative 
of  the  commissioner  duty  authorized  to  conduct  any  inquiry, 
investigation  or  hearing  hereunder  shall  have  power  to  ad- 
minister oaths  and  take  testimony  under  oath  relative  to  the 
matter  of  inquiry  or  investigation.  At  any  hearing  ordered 
by  the  commissioner,  the  commissioner  or  his  representative 
authorized  to  conduct  such  hearing  may  subpoena  witnesses 
and  require  the  production  of  books,  papers  and  documents 
pertinent  to  such  inquiry.  No  witness  under  subpoena 
authorized  to  be  issued  by  any  provision  of  this  act  shall  be 
excused  from  testifying  or  producing  books  or  papers  on  the 
ground  that  such  testimony  or  the  production  of  such  books 
or  other  documentary  evidence  would  tend  to  incriminate 
him,  but  such  evidence  or  the  books  or  papers  so  produced 
shall  not  be  used  in  any  criminal  proceeding  against  him 
arising  out  of  any  violation  of  any  provision  of  this  act.  If 
any  person  shall  disobey  such  process  or,  having  appeared 
in  obedience  thereto,  shall  refuse  to  answer  any  pertinent 
question  put  to  him  by  the  commissioner  or  his  authorized 
agent  or  to  produce  any  books  and  papers  pursuant  thereto, 
the  commissioner  or  such  representative  may  apply  to  the 
superior  court  for  the  county  wherein  the  person,  relative 
to  whose  business  such  hearing  is  ordered,  resides  or  wherein 
such  business  has  been  conducted,  or  to  any  justice  of  said 


410  Acts,  1941.  —  Chap.  417. 

court  if  the  same  shall  not  be  in  session,  setting  forth  such 
disobedience  to  process  or  refusal  to  answer  and  said  court 
or  justice  shall  cite  such  person  to  appear  before  said  court 
or  justice  to  answer  such  question  or  to  produce  such  books 
and  papers,  and,  upon  his  refusal  so  to  do,  may  commit 
him  to  jail  until  he  shall  testify,  but  not  for  a  longer  period 
than  sixty  days.  Notwithstanding  the  serving  of  the  term 
of  such  commitment  by  any  person,  the  commissioner  may 
proceed  in  all  respects  with  such  inquiry  and  examination  as 
if  the  witness  had  not  previously  been  called  upon  to  testify. 
Officers  who  serve  subpoenas  issued  by  the  commissioner  or 
under  his  authority  and  witnesses  attending  a  hearing  con- 
ducted by  him  hereunder  shall  receive  fees  and  compensa- 
tion at  the  same  rates  as  officers  and  witnesses  before  the 
courts  of  the  commonwealth,  to  be  paid  on  vouchers  of  the 
commissioner  or  on  order  of  the  comptroller,  and  the  state 
treasurer  shall  pay  said  amount,  without  any  appropriation 
therefor  by  the  general  court,  out  of  the  proceeds  of  the 
excise  imposed  by  this  act. 

Section  14.  Any  person  aggrieved  because  of  a  decision 
of  the  commissioner  under  section  twelve  may  appeal  there- 
from to  the  appellate  tax  board  within  ten  days  after  written 
notice  of  the  decision  has  been  mailed  or  delivered  to  him. 
The  appellant  shall  at  the  time  of  taking  an  appeal  file  with 
said  board  a  surety  company  bond  running  to  the  common- 
wealth with  a  surety  company  authorized  to  do  business  in 
the  commonwealth  as  surety,  in  such  sum  as  said  board 
shall  fix,  conditioned  to  prosecute  the  appeal  to  effect  and 
to  comply  with  the  orders  and  decrees  of  said  board  in  the 
premises.  Such  appeals  shall  be  preferred  cases  to  be  heard, 
unless  cause  appears  to  the  contrary,  in  priority  to  other 
cases.  During  the  pendency  of  any  such  appeal  the  decision 
of  the  commissioner  so  appealed  from  shall,  unless  other- 
wise ordered  by  said  board,  be  inoperative.  Said  board  may 
grant  such  relief  as  may  be  equitable  and  may  certify  to  the 
comptroller  the  amount  of  such  relief,  and  the  state  treasurer 
shall  pay  to  the  aggrieved  taxpayer  such  amount,  with  inter- 
est at  the  rate  of  four  per  cent  per  annum,  without  any  ap- 
propriation therefor  by  the  general  court,  out  of  the  proceeds 
of  the  excise  imposed  by  this  act.  If  the  appeal  shall  have 
been  taken  without  probable  cause,  the  board  may  tax 
double  or  triple  costs,  as  the  case  shall  demand;  and,  upon 
all  such  appeals  which  may  be  denied,  costs  may  be  taxed 
against  the  appellant  at  the  discretion  of  the  board;  pro- 
vided, that  no  costs  shall  be  taxed  against  the  common- 
wealth. 

Section  15.  The  administration  of  this  act  is  vested  in 
the  commissioner.  All  forms  necessary  and  proper  for  the 
enforcement  of  this  act  shall  be  prescribed  and  furnished  by 
the  commissioner.  The  commissioner  may  prescribe  regu- 
lations and  rulings  not  inconsistent  with  law,  to  carry  into 
effect  the  provisions  of  this  act,  which  regulations  and  rul- 
ings, when  reasonably  designed  to  carry  out  the  intent  and 


Acts,  1941.  — Chap.  418.  411 

purpose  of  this  act,  shall  be  prima  facie  evidence  of  its 
proper  interpretation. 

Section  16.  At  the  request  of  the  commissioner  of  cor- 
porations and  taxation,  the  commissioner  of  public  safety- 
may  appoint  employees  of  the  department  of  corporations 
and  taxation  as  special  police  officers,  each  to  serve  for  a 
term  of  two  years  subject  to  removal  bj'-  the  commissioner 
of  public  safety.  Such  police  officers  shall  report  to  the 
commissioner  of  public  safety  as  to  their  official  acts  at  such 
time  and  in  such  manner  as  he  may  require.  They  shall 
serve  without  pay,  except  their  regular  compensation  as  em- 
ployees of  said  department,  and  shall  have  and  exercise 
throughout  the  commonwealth  powers  of  state  police  officers 
to  serve  warrants  and  other  criminal  processes  and  to  arrest 
and  detain  any  person  violating  any  provision  of  this  act. 

Section  17.  If  any  provision  or  provisions  of  this  act  are 
declared  unconstitutional  or  inoperative  by  a  final  judgment, 
order  or  decree  of  the  supreme  court  of  the  United  States  or 
of  the  supreme  judicial  court  of  the  commonwealth,  the  re- 
maining parts  of  said  act  shall  not  be  affected  thereby. 

Section  18.  For  the  purpose  of  making  adequate  prepa- 
ration for  administering  the  excise  provided  by  this  act,  in- 
cluding preparation  of  forms  and  the  procuring  of  equipment, 
the  commissioner  of  corporations  and  taxation  may  expend 
sums  not  exceeding,  in  the  aggregate,  the  sum  of  ten  thou- 
sand dollars,  which  sum  is  hereby  appropriated  from  the 
general  fund  or  ordinary  revenue  of  the  commonwealth, 
pursuant  to  a  recommendation  of  the  governor  to  that  effect. 

Section  19.  Sections  one  to  seventeen,  inclusive,  of  this 
act  shall  become  effective  on  July  first  of  the  current  year 
and  shall  continue  in  effect  until  July  first,  nineteen  hun- 
dred and  forty- three;  and  this  section  and  section  eighteen 
of  this  act  shall  take  effect  upon  its  passage. 

Approved  June  26,  1941. 

An  Act  further  extending  the  term  of  office  of  the  ChavAlS 
milk  control  board. 

Whereas,  Under  existing  provisions  of  law  the  existence  Emergency 
of  the  milk  control  board  will  terminate  on  June  thirtieth,  ^^^^"^ 
nineteen  hundred  and  forty-one,  but  it  is  necessary  that 
the  provisions  of  this  act  take  effect  on  or  before  said  June 
thirtieth,  so  that  the  existence  of  said  board  may  be  con- 
tinued for  a  further  period  of  two  months  without  inter- 
ruption ;  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-two  of  chapter  three  hundred 
and  seventy-six  of  the  acts  of  nineteen  hundred  and  thirty- 
four,  as  most  recently  amended  by  chapter  four  hundred  and 
thirteen  of  the  acts  of  nineteen  hundred  and  thirty-nine, 


412  Acts,  1941.  —  Chap.  419. 

is  hereby  further  amended  by  striking  out,  in  the  third  Hne, 
the  words  "June  thirtieth"  and  inserting  in  place  thereof 
the  words:  —  August  thirty-first,  —  so  as  to  read  as  fol- 
lows:—  Section  22.  The  board  shall  continue  with  all  the 
duties  and  responsibilities  prescribed  and  imposed  by  this 
act  until  August  thirty-first,  nineteen  hundred  and  forty- 
one.  On  and  after  the  date  when  this  act  ceases  to  be  opera- 
tive any  and  all  obligations  which  shall  have  arisen  prior  to 
such  date  or  which  may  arise  thereafter  in  connection  there- 
with, and  any  violations  which  shall  have  occurred  prior  to 
such  date,  shall  be  deemed  not  to  be  affected,  terminated 
or  waived  by  reason  of  the  fact  that  this  act  has  ceased  to  be 
operative. 

Section  2.  The  milk  control  board  may  continue  ex- 
penditures in  each  of  the  months  of  July  and  August  in  the 
current  year  at  the  monthly  rate  authorized  by  appropria- 
tions made  for  the  current  fiscal  year  by  items  0906-01  and 
0906-02  of  the  general  appropriation  act  of  the  current  year, 
until  the  general  court  makes  an  appropriation  for  expendi- 
tures by  said  board  during  said  months  of  July  and  August. 

Approved  June  26,  19J^1. 


ChapA19  An  Act  making  appropriations  for  the  maintenance  of 

DEPARTMENTS,  BOARDS,  COMMISSIONS,  INSTITUTIONS  AND 
CERTAIN  ACTIVITIES  OF  THE  COMMONWEALTH,  FOR  IN- 
TEREST, SINKING  FUND  AND  SERIAL  BOND  REQUIREMENTS, 
AND   FOR  CERTAIN  PERMANENT  IMPROVEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  the  several 
departments,  boards,  commissions  and  institutions,  of  sundry 
other  services,  and  for  certain  permanent  improvements,  and 
to  meet  certain  requirements  of  law,  the  sums  set  forth  in 
section  two,  for  the  several  purposes  and  subject  to  the  con- 
ditions specified  in  said  section  two,  are  hereby  appropriated 
from  the  general  fund  or  revenue  of  the  commonwealth,  sub- 
ject to  the  provisions  of  law  regulating  the  disbursement  of 
public  funds  and  the  approval  thereof,  for  the  fiscal  year 
ending  November  thirtieth,  nineteen  hundred  and  forty- 
one,  and  for  the  fiscal  year  ending  November  thirtieth, 
nineteen  hundred  and  forty-two,  or  for  such  other  period 
as  may  be  specified. 

Section  2. 

Appropriation         Appropriation 
Fiscal  Year  F'iscal  Year 

Item  1941.  1942. 

Service  of  the  Legislative  Department. 

0101-01     For  the  compensation  of  senators  .      $102,500  00 
0101-02     For  the  compensation  for  travel  of 

senators  for   the  year  nineteen 

hundred  and  forty-one  and  for 

expense  allowance  for  the  year 

nineteen  hundred  and  forty-two  6,775  00  $20,000  00 


Acts,  1941.  — Chap.  419. 


413 


Item 
0101-03 

0101-04 


0101-05 
0101-06 

0101-07 


0101-08 


0101-09 
0101-10 


0101-11 


0101-12 


0101-13 


0101-14 


0101-15 


For  the  compensation  of  representa- 
tives       ..... 

For  the  compensation  for  travel  of 
representatives  for  the  year  nine- 
teen hundred  and  forty-one  and 
for  expense  allowance  for  the  year 
nineteen  hundred  and  forty-two 

For  the  salaries  of  the  clerk  of  the 
senate  and  the  clerk  of  the  house 
of  representatives 

For  the  salaries  of  the  assistant 
clerk  of  the  senate  and  the  as- 
sistant clerk  of  the  house  of  rep- 
resentatives 

For  such  additional  clerical  assist- 
ance to,  and  with  the  approval 
of,  the  clerk  of  the  senate,  as  may 
be  necessary  for  the  proper  des- 
patch of  public  business,  includ- 
ing not  more  than  one  perma- 
nent position    .... 

For  such  additional  clerical  assist- 
ance to,  and  with  the  approval 
of,  the  clerk  of  the  house  of  repre- 
sentatives, as  may  be  necessary 
for  the  proper  despatch  of  public 
business,  including  not  more  than 
three  permanent  positions 

For  the  salary  of  the  sergeant-at- 
arms        ..... 

For  clerical  and  other  assistance 
employed  by  the  sergeant-at- 
arms,  including  not  more  than 
four  permanent  positions  . 

For  the  compensation  for  travel 
of  doorkeepers,  assistant  door- 
keepers, general  court  officers, 
pages  and  other  employees  of  the 
sergeant-at-arms,  authorized  by 
law  to  receive  the  same 

For  the  salaries  of  the  doorkeepers 
of  the  senate  and  house  of  rep- 
resentatives, with  the  approval 
of  the  sergeant-at-arms,  includ- 
ing not  more  than  two  perma- 
nent positions 

For  the  salaries  of  assistant  door- 
keepers to  the  senate  and  house 
of  representatives  and  of  general 
court  officers,  with  the  approval 
of  the  sergeant-at-arms,  includ- 
ing not  more  than  twenty  perma- 
nent positions 

For  compensation  of  the  pages  of 
the  senate  and  house  of  repre- 
sentatives, with  the  approval  of 
the  sergeant-at-arms,  including 
not  more  than  twenty  perma- 
nent positions  .... 

For  the  salaries  of  clerks  employed 
in  the  legislative  document  room, 
including  not  more  than  two 
permanent  positions 


Appr-opriation 

Fiscal  Year 

1941. 


$602,500  00 


36,120  00 


12,000  00 


8,000  00 


Appropriation 

Fiscal  Year 

1942. 


2,800  00 


8,100  00 
4,000  00 

6,270  00 
6,237  00 
5,500  00 


40,846  32 


14,000  00 


6,250  00 


$120,000  00 
12,000  00 

8,340  00 

2,800  00 

7,800  00 
4,000  00 

6,510  00 
4,000  00 
5,500  00 

40,600  00 


4,850  00 


414 


Acts,  1941.  —  Chap.  419. 


Item 
0101-16 

0101-17 


0101-18 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


0101-19 


0101-20 


0101-21 


0101-22 


0102-01 


0102-02 


0102-03 


0102-04 


0102-05 
0102-06 
0102-07 


(This  item  combined  with  item 
0101-10.) 

For  the  salaries  of  the  chaplains  of 
the  senate  and  house  of  repre- 
sentatives, including  not  more 
than  two  permanent  posi- 
tions       ..... 

For  personal  services  of  the  coun- 
sel to  the  senate  and  assistants, 
including  not  more  than  four 
permanent  positions  in  the  year 
nineteen  hundred  and  forty-one 
and  three  permanent  positions  in 
the  year  nineteen  hundred  and 
forty-two  .... 

For  personal  services  of  the  counsel 
to  the  house  of  representatives 
and  assistants,  including  not 
more  than  seven  permanent  po- 
sitions    ..... 

For  clerical  and  other  assistance  of 
the  senate  committee  on  rules, 
including  not  more  than  one  per- 
manent position 

For  clerical  and  other  assistance  of 
the  house  committee  on  rules, 
including  not  more  than  one  per- 
manent position 

For  clerical  and  other  assistance  of 
the  joint  recess  committee  on 
ways  and  means,  as  authorized 
by  a  joint  order  of  the  general 
court,  including  not  more  than 
two  permanent  positions  . 

For  traveling  and  such  other  ex- 
penses of  the  committees  of  the 
present  general  court  as  may  be 
authorized  by  order  of  either 
branch  of  the  general  court 

For  printing,  binding  and  paper 
ordered  by  the  senate  and  house 
of  representatives,  or  by  concur- 
rent order  of  the  two  branches, 
with  the  approval  of  the  clerks 
of  the  respective  branches 

For  printing  the  manual  of  the  gen- 
eral court,  with  the  approval  of 
the  clerks  of  the  two  branches   . 

For  expenses  in   connection   with 
the  publication  of  the  bulletin  of 
committee  hearings  and  of  the 
daily  list,  with  the  approval  of 
the  joint  committee  on  rules,  in- 
cluding not  more  than  one  per- 
manent position 
For  stationery  for  the  senate,  pur- 
chased by  and  with  the  approval 
of  the  clerk      .... 
For  office  and  other  expenses  of  the 
committee  on  rules  on  the  part 
of  the  senate    .... 
For  office  expenses  of  the  counsel 
to  the  senate    .... 


$1,500  00 


22,300  00 


34,400  00 


5,000  00 


4,670  00 


9,625  00 

90,000  00 
5,172  00 


$20,200  00 


28,100  00 


3,150  00 


3,000  00 


7,600  00 


400  00 


9,896  00 

— 

400  00 

100  00 

200  00 

100  00 

300  00 

100  00 

J 


Acts,  1941.  —  Chap.  419. 


415 


Item 

0102-08  For  stationery  for  the  house  of  rep- 
resentatives, purchased  by  and 
with  the  approval  of  the  clerk    . 

0102-09  For  office  and  other  expenses  of  the 
committee  on  rules  on  the  part 
of  the  house     .... 

0102-10  For  office  expenses,  including 
travel,  of  the  counsel  to  the 
house  of  representatives    . 

0102-1 1  For  contingent  expenses  of  the  sen- 
ate and  house  of  representatives, 
and  necessary  expenses  in  and 
about  the  state  house,  with  the 
approval  of  the  sergeant-at- 
arms        ..... 

0102-12     For  telephone  service  . 

0102-13  For  the  purchase  of  outline 
sketches  of  members  of  the  sen- 
ate and  house  of  representatives 

0102-14  For  the  payment  of  witness  fees 
to  persons  summoned  to  appear 
before  committees  of  the  gen- 
eral couirt,  and  for  expenses  in- 
cidental to  summoning  them, 
with  the  approval  of  the  ser- 
geant-at-arms 

0102-16  For  the  consolidation  and  arrange- 
ment of  certain  laws,  including 
work,  under  the  direction  of  the 
senate  and  house  counsel,  with 
the  approval  of  the  president 
of  the  senate  and  the  speaker  of 
the  house  of  representatives, 
upon  certain  indexes  and  relat- 
ing to  recess  committee  investi- 
gations   ..... 

0102-17  For  office  and  other  expenses  of  the 
joint  recess  committee  on  ways 
and  means,  including  travel,  as 
authorized  by  a  joint  order  of 
the  general  coiu-t 

0102-18  For  travel  of  the  committee  on 
public  welfare,  as  authorized  by 
an  order  of  the  general  court 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 

Appropriation 

Fiscal  Year 

1942. 

$800  00 

$350  00 

200  00 

200  00 

300  00 

300  00 

9,500  00 
8,000  00 


1,850  00 


5.000  00 
1,100  00 


200  00 


7,000  00 


10,800  00 


1,200  00 


2,000  00 


1,084,211  32        $318,100  00 


Service  of  Legislative  Investigations. 

0211-00  For  clerical  and  other  necessary 
expenses  of  a  joint  committee 
established  for  the  purpose  of 
recommending  a  new  division 
of  the  commonwealth  into  con- 
gressional districts,  to  be  ex- 
pended with  the  approval  of  the 
governor  and  council,  as  author- 
ized by  a  joint  order  of  the  gen- 
eral court  .  .  $2,000  00 

0212-00  For  clerical  and  other  necessary 
expenses  of  a  joint  special  com- 
mittee established  for  the  pur- 
pose of  making  an  investigation  * 


416 


Acts,  1941.  —  Chap.  419. 


Item 


and  study  of  the  district  court 
system  of  the  commonwealth,  as 
authorized  by  a  joint  order  of 
the  general  court 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$1,500  00 
$3,500  00 


Appropriation 

Fiscal  Year 

1042. 


Service  of  the  Judicial  Department. 

Supreme  Judicial  Court,  as  fol- 
lows: 
0301-01     For  the  salaries  of  the  chief  justice 

and  of  the  six  associate  justices    . 
0301-02     For   traveling   allowance   and   ex- 
penses    ..... 
0301-03     For  the  salary  of  the  clerk  of  the 

commonwealth 
0301-04     For  clerical  assistance  to  the  clerk  . 
0301-05     For  law  clerks,  stenographers  and 

other  clerical  assistance  for  the 

justices   ..... 
0301-06     For   office   supplies,    services   and 

equipment        .... 
0301-07     For  the  salaries  of  the  officers  and 

messengers       .... 
0301-08     For  the  commonwealth's  part  of 

the  salary  of  the  clerk  for  the 

county  of  Suffolk 


Totals  .... 

Reporter  of  Decisions: 
0301-11     For  the  salary  of  the  reporter  of 
decisions  .... 

0301-12     For  clerk  hire  and  oflBce  supplies, 
services  and  equipment,  includ- 
•  ing    not    more    than    four    per- 

manent positions 
0301-13  For  additional  clerk  hire  and  other 
work  in  preparing  decisions  for 
printing,  to  be  in  addition  to 
estimates  for  personal  services 
included  in  item  0301-12  . 

Totals  .... 

Superior  Court,  as  follows: 

0302-01  For  the  salaries  of  the  chief  justice 
and  of  the  thirty-one  associate 
justices   ..... 

0302-02  For  traveling  allowances  and  ex- 
penses    ..... 

0302-03  For  the  salary  of  the  assistant  clerk, 
Suffolk  county 

0302-04  For  clerical  work,  inspection  of 
records  and  doings  of  persons  au- 
thorized to  admit  to  bail,  for  an 
executive  clerk  to  the  chief  jus- 
tice, and  for  certain  other  ex- 
penses incident  to  the  work  of 
the  court  .  ... 

Totals  .... 


)9,000  00 

$99,000  00 

2,000  00 

2,000  00 

6,500  00 
1,800  00 

6,500  00 
1,800  00 

!8,000  00 

28,000  00 

6,000  00 

6,000  00 

3,290  00 

3,290  00 

1,500  00 


$6,000  00 


13,050  00 


2.500  00 


$385,000  00 

15,000  00 

1,000  00 


14,000  00 


1,500  00 


$148,090  00        $148,090  00 


$6,000  00 


13,050  00 


$21,550  00  $19,050  00 


$385,000  00 

15.000  00 

1.000  00 


14,250  00 


I 


$415,000  00        $415,250  00 


1 


Acts,  1941.  —  Chap.  419. 


417 


Item 


0302-11 


0302-12 


0302-13 


Justices  of  District  Courts: 
For    compensation    of   justices    of 
district   courts   while   sitting   in 
the  superior  court 
For  expenses  of  justices  of  district 
courts  while  sitting  in  the  supe- 
rior court  .... 
For   reimbursing   certain    counties 
for     compensation     of     certain 
special    justices   for   services    in 
holding  sessions  of  district  courts 
in    place  of   the   justice,   while 
sitting  in  the  superior  court 

Totals  .... 


Judicial  Council: 

0303-01  For  expenses  of  the  judicial  coun- 
cil, as  authorized  by  section 
thirty-four  C  of  chapter  two  hun- 
dred and  twenty-one  of  the  Gen- 
eral Laws,  as  appearing  in  the 
Tercentenary  Edition  thereof     . 

0303-02  For  compensation  of  the  secretary 
of  the  judicial  council,  as  author- 
ized by  said  section  thirty-four 
C  of  said  chapter  two  hundred 
and  twenty-one 

Totals  .... 


Administrative     Committee    of 
District  Courts: 
0304-01     For  compensation  and  expenses  of 
the  administrative  committee  of 
district  courts 

Probate  and  Insolvency  Courts, 
as  follows: 

0305-01  For  the  salaries  of  judges  of  pro- 
bate of  the  several  counties,  in- 
cluding not  more  than  twenty 
permanent  positions 

0305-02  For  the  compensation  of  judges  of 
probate  when  acting  for  other 
judges  of  probate 

0305-03  For  expenses  of  judges  of  probate 
when  acting  for  other  judges  of 
probate  ..... 

0305-04  For  the  salaries  of  registers  of  the 
several  counties,  including  not 
more  than  fourteen  permanent 
positions  .... 

0305-05  For  the  salaries  of  assistant  regis- 
ters, including  not  more  than 
twenty-two  permanent  positions 

0305-06  For  reimbursing  officials  for  pre- 
miums paid  for  procuring  sure- 
ties on  their  bonds,  as  provided 
by  existing  laws 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$18,500  00 
1,900  00 

5,000  00 
$25,400  00 


Appropriation 

Fiscal  Year 

1942. 


$1,800  00 


3,500  00 


$5,.300  00 


$2,500  00 


$1,800  00 


3,500  00 
$5,300  00 


$2,500  00 


$158,500  00 

6,000  00 

300  00 

63,300  00 
78,200  00 

300  00 


$158,500  00 

6,000  00 

300  00 

63,300  00 
79,470  00 

300  00 


$306,600  00        $307,870  00 


418 


Acts,  1941.  —  Chap.  419. 


Item 

0306-01 
0306-02 
0306-03 
0306-04 
0306-05 
0306-06 
0306-07 
0306-08 
0306-09 

0306-10 
0306-11 
0306-12 
0306-13 


0307-01 


0308-01 


0308-02 


0308-03 


For  clerical  assistance  to  Regis- 
ters of  the  several  counties,  as 
follows: 
Barnstable,    including    not    more 

than  two  permanent  positions    . 
Berkshire,  including  not  more  than 

four  permanent  positions  . 
Bristol,   including   not   more   than 

ten  permanent  positions    . 
Dukes  County,  including  not  more 

than  one  permanent  position 
Essex,    including    not    more    than 

fourteen  permanent  positions 
Franklin,  including  not  more  than 

one  permanent  position 
Hampden,  including  not  more  than 

nine  permanent  positions  . 
Hampshire,    including    not    more 

than  two  permanent  positions    . 
Middlesex,     including     not     more 

than  thirty-four  permanent  po- 
sitions    ..... 
Norfolk,  including  not  more  than 

thirteen  permanent  positions     . 
Plymouth,     including     not     more 

than  four  permanent  positions   . 
Suffolk,   including  not  more  than 

forty-four  permanent  positions  . 
Worcester,     including     not     more 

than  twelve  permanent  positions 


Totals 


Appropriation         Appropriation 

Fiscal  Year  Fiscal  Year 

1941.  1942. 


82,580  00  $2,700  00 

5,850  00  5,880  00 

14,120  00  14.910  00 

660  00  660  00 

20,640  00  20,940  00 

1,260  00  1,260  00 

14,010  00  14,430  00 

2,880  00  2,940  00 

50,190  00  61,180  00 

17,235  00  17,670  00 

5,250  00  5,400  00 

61.767  00  63,210  00 

15,510  00  16,530  00 

$211,952  00  $217,710  00 


of 


Administrative     Committee 
Probate  Courts: 
For  expenses  of  the  administrative 
committee  of  probate  courts 

Service  of  the  Land  Court. 

For  the  salaries  of  the  judge,  asso- 
ciate judges,  the  recorder  and 
court  officer,  including  not  more 
than  five  permanent  positions    . 

For  engineering,  clerical  and  other 
personal  services,  including  not 
more  than  twenty-two  perma- 
nent positions 

For  personal  services  in  the  exami- 
nation of  titles,  for  publishing 
and  serving  citations  and  other 
services,  traveling  expenses,  sup- 
plies and  office  equipment,  and 
for  the  preparation  of  sectional 
plans  showing  registered  land     . 


$100  00       $100  00 


$38,984  00    $38,984  00 


53,430  00     55,430  00 


Totals 


23,500  00     23,500  00 
$116,914  00   $117,914  00 


Service  of  Pensions  for  Certain  Retired  Justices 

0309-01  For  pensions  of  retired  justices  of 
the  supreme  judicial  court  and 
of  the  superior  court,  and  judges 
of  the  probate  courts  and  the 
land  court        .... 


$60,000  00  $60,000  00 


Acts,  1941.  —  Chap.  419.  419 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  District  Attorneys. 

District  Attorneys,  as  follows: 

0310-01  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
Suffolk  district,  including  not 
more  than  fourteen  permanent 
positions  ....        $66,000  00  $66,000  00 

0310-02  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
northern  district,  inchiding  not 
more  than  seven  permanent 
positions  ....  28,000  00  28,000  00 

0310-03  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
eastern  district,  including  not 
more  than  five  permanent  posi- 
tions         17,400  00  17,400  00 

0310-04  For  the  salaries  of  the  district  at- 
torney, deputy  district  attorney 
and  assistants  for  the  southeast- 
ern district,  including  not  more 
than  five  permanent  positions    .  18,600  00  18,600  00 

0310-05  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
southern  district,  including  not 
more  than  three  permanent  posi- 
tions         12,600  00  12,600  00 

0310-06  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
middle  district,  including  not 
more  than  four  permanent  posi- 
tions         15,000  00  15,000  00 

0310-07  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
western  district,  including  not 
more  than  three  permanent  posi- 
tions         10,400  00  10,400  00 

0310-08  For  the  salary  of  the  district  attor- 
ney for  the  northwestern  district  4,000  00  4,000  00 

0310-09  For  traveling  expenses  necessarily 
incurred  by  the  district  attor- 
neys, except  in  the  Suffolk  dis- 
trict, including  expenses  incurred 
in  previous  years      .  .  4,500  00  4,500  00 


Totals  ....      $176,500  00        $176,500  00 

Service  of  the  Board  of  Probation. 

0311-01  For  personal  services  of  the  com- 
missioner, clerks  and  stenog- 
raphers, including  not  more  than 
forty-three  permanent  positions        $63,200  00  $64,790  00 

0311-02  For  services  other  than  personal, 
including  pfinting  the  annual 
report,  traveling  expenses,  rent, 
office  supplies  and  equipment     .  12,000  00  12,700  00 

Totals  ....        $75,200  00  $77,490  00 


420  Acts,  1941.  —  Chap.  419. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Board  of  Bar  Examiners. 

0312-01  For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  five  permanent  posi- 
tions         $12,500  00  $12,500  00 

0312-02  For  other  services,  including  not 
more  than  one  permanent  posi- 
tion, and  including  printing  the 
annual  report,  traveling  ex- 
penses, office  supplies  and  equip- 
ment         7,900  00  7,900  00 


Totals  ....        $20,400  00  $20,400  00 


Suffolk  County  Court  House. 

0318-01  For  reimbursing  the  city  of  Bos- 
ton for  thirty  per  cent  of  the 
cost  of  maintenance  of  the  Suf- 
folk County  Court  House,  as 
provided  by  and  subject  to  the 
conditions  of  section  six  of  chap- 
ter four  hundred  and  seventy- 
four  of  the  acts  of  the  year  nine- 
teen hundred  and  thirty-five; 
provided,  that  this  appropria-  ' 
tion  shall  not  be  construed  as 
fixing  the  specific  amount  for 
which  the  commonwealth  shall 
be  liable  on  account  of  said 
maintenance    ....        $90,000  00  $90,000  00 

Service  of  the  Executive  Departriient. 

0401-01     For  the  salary  of  the  governor       .        $10,000  00  $10,000  00 

0401-02     For  the  salary  of  the  lieutenant 

governor  ....  4,000  00  4,000  00 

0401-03  For  the  salaries  of  the  eight  coun- 
cillors       8,000  00  8,000  00 

0401-04  For  the  salaries  of  officers  and  em- 
ployees of  the  department,  in- 
cluding not  more  than  seventeen 
permanent  positions  .  42,500  00  41,190  00 

0401-05  For  certain  personal  services  for 
the  lieutenant  governor  and 
council,  including  not  more  than 
three  permanent  positions  .  5,700  00  5,700  00 

0401-21  For  travel  and  expenses  of  the  lieu- 
tenant governor  and  council 
from  and  to  their  homes    .  .  3,000  00  3.000  00 

0401-22  For  postage,  printing,  office  and 
other  contingent  expenses,  in- 
cluding travel,  of  the  governor  .  15,000  00     "     .12,000  00 

0401-23  For  postage,  printing,  stationery, 
traveling  and  contingent  ex- 
penses of  the  governor  and  coun- 
cil   3,000  00  1,500  00 

0401-24  For  payment  of  extraordinary  ex- 
penses and  for  transfers  made  to 
cover  deficiencies,  -with  the  ap- 
proval of  the  governor  and  coun- 
cil   75,000  00  35,000  00 


i 


Acts,  1941.  —  Chap.  419.  421 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

0401-26     For  certain  maintenance  expenses 

of  the  governor's  automobile  $1,000  00  $1,000  00 

0401-27     For  the  purchase  of  an  automobile 

for  the  governor  .  .  2,415  00  — 

0401-28  For  expenses  incurred  in  the  arrest 
of  fugitives  from  justice,  and  any 
unexpended  balance  remaining 
at  the  end  of  the  fiscal  year  nine- 
teen hundred  and  forty-one  may 
be  used  in  the  fiscal  year  nine- 
teen hundred  and  forty-two        .  2,500  00  - 

0401-31      (This  item  omitted.) 

0401-32  For  restoring  and  protecting  cer- 
tain portraits  of  former  gover- 
nors, with  the  approval  of  the 
art  commission  .  .  .  500  00  - 

0401-33  For  emergency  purposes  arising 
during  the  fiscal  j'^ear  ending  No- 
vember thirtieth,  nineteen  hun- 
dred and  forty-two  ...  -  500,000  00 
The  head  of  any  department  or  of 
any  agency  of  the  common- 
wealth may  make  wTitten  appli- 
cation to  the  commission  on 
administration  and  finance  for 
additional  funds  to  be  paid  from 
this  item  to  meet  expenses  in 
such  department  or  agency  aris- 
ing during  the  said  year  from  an 
emergency.  Upon  receipt  of 
such  application,  said  commis- 
sion shall  investigate  the  need 
for  such  additional  funds  and 
shall  forthwith  advise  the  gover- 
nor in  writing  of  all  pertinent 
facts  relative  thereto;  and,  at 
the  same  time,  the  commission 
shall  recommend  in  WTiting 
whether,  in  its  opinion,  addi- 
tional funds  should  be  made 
available  and,  if  so,  in  what 
amount. 
Upon  receipt  of  such  recommenda- 
tion, the  governor,  with  the  ad- 
vice and  consent  of  the  council, 
may  direct  the  comptroller  to 
transfer  from  this  item  to  said 
department  or  agency  such 
amount  as  the  governor  may 
find  to  be  needed  to  meet  such 
emergency,  but  no  part  of  the 
amount  so  transferred  shall  be 
available  for  the  salaries  of  new 
positions  on  a  permanent  basis. 

0401-34  For  expenses  incidental  to  a  survey 
of  the  radio  and  other  commu- 
nication facihties  of  the  com- 
monwealth      ....  5,000  00 

0401-35  (This  item  included  under  item 
0450-01.) 


Totals  ....      $177,615  00        $621,390  00 


422 


Acts,  1941.  —  Chap.  419. 


Item 


0402-01 


0402-02 


0402-03 


0402-04 


Appropriation 

Fiscal  Year 

1941. 


Service  of  the  Adjutant  General. 


For  the  salary  of  the  adjutant  gen- 
eral ..... 

For  personal  services  of  office  as- 
sistants, including  services  for 
the  preparation  of  records  of 
Massachusetts  soldiers  and  sail- 
ors, and  including  not  more  than 
fifteen  permanent  positions 

For  ser\aces  other  than  personal, 
and  for  necessary  office  supplies 
and  expenses   .... 

For  expenses  not  otherwise  pro- 
vided for  in  connection  with  mili- 
tary matters  and  accounts 

Totals  .... 


$6,000  00 


26,600  00 


5,000  00 


6,500  00 


Appropriation 

Fiscal  Year 

1042. 


$6,000  00 

26.000  00 
5,000  00 
6,200  00 


$44,100  00    $43,200  00 


Service  of  the  Organized  Militia. 


0403-01  For  allowances  to  companies  and 
other  administrative  units,  to 
be  expended  under  the  direction 
of  the  adjutant  general 
0403-02  (This  item  combined  with  item 
0403-05.) 

0403-03  For  certain  allowances  for  officers 
of  the  organized  militia,  as  au- 
thorized by  paragraph  (c)  of  sec- 
tion one  hundred  and  forty-five 
of  chapter  thirty-three  of  the 
General  Laws,  as  appearing  in 
section  one  of  chapter  four  hun- 
dred and  twenty-five  of  the  acta 
of  nineteen  hundred  and  thirty- 
nine         ..... 

0403-04  For  pay  and  transportation  of  cer- 
tain boards      .... 

0403-05  For  expenses  of  military  training 
and  instruction,  including  organ- 
ization, administration  and  ele- 
ments of  military  art,  use  of 
chemical  gas,  rifle  practice,  and 
pay  and  expenses  of  certain 
camps  of  instruction 

0403-06  For  pay  and  transportation  in  mak- 
ing inspections  and  surveys,  and 
for  escort  duty 

0403—07  For  transportation  of  officers  and 
non-commissioned  officers  for 
attendance  at  military  meetings 

0403-08  For  transportation  to  and  from 
regimental  and  battalion  drills  . 

0403-10  (This  item  combined  with  item 
0403-05.) 

0403-11     (This  item  omitted.) 

0403-13  For  compensation  for  special  and 
miscellaneous  duty  . 

0403-14  For  compensation  for  accidents  and 
injuries  sustained  in  the  perform- 
ance of  military  duty 


$94,150  00        $108,936  50 


20,500  00 
1,200  00 


21,000  00 
3.000  00 


21,000  00 
1,200  00 


28.000  00 

28,000  00 

3,000  00 

2,500  00 

2,000  00 

2.500  00 

300  00 

500  00 

13,000  00 
3,400  00 


Acts,  1941.  —  Chap.  419. 


423 


Item 

0403-15  To  cover  certain  small  claims  for 
damages  to  private  property 
arising  from  military  maneuvers 

0403-16     (This  item  omitted.) 

0403-17  For  services  and  expenses  of  the 
military  reservation  located  in 
Barnstable  county,  including 
compensation  of  one  commis- 
sioner     ..... 

0403-18     For  premiums  on  bonds  for  officers 

0403-19  (This  item  combined  with  item 
0403-05.) 

0403-20  For  allowances  for  batteries  of  field 
artillery  ..... 

0403-21  For  expenses  of  operation  of  the 
twenty-sixth  division  and  of  the 
second  division  of  the  state 
guard      ..... 

0403-22  For  clerical  and  other  expenses  for 
the  office  of  the  property  and 
disbursing  officer,  including  not 
more  than  three  permanent  posi- 
tions       ..... 

0403-23  For  personal  services  necessary  for 
the  operation  of  the  common- 
wealth depot  and  motor  repair 
park,  including  not  more  than 
eighteen  permanent  positions 

0404-20     (This   item    combined   with    item 
0402-04.) 
(Items  0404-01  to  0404-19,  inclu- 
sive, combined  with  items  under 
the  Organized  Militia.) 

0404-31  For  the  purchase  of  uniforms  and 
equipment  for  the  state  guard, 
so-called,  to  be  in  addition  to 
any  amount  heretofore  appro- 
priated for  the  purpose 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$700  00 


6,000  00 
2,000  00 


596  78 


4,000  00 


4,670  00 


28,000  00 


Appropriation 

Fiscal  Year 

1942. 


$500  00 


6.000  00 
2.000  00 


5,100  00 


5,000  00 


28,450  00 


83,000  00 


$302,116  78        $228,086  50 


Service  of  the  State  Quartermaster. 

0405-01  For  personal  services  of  the  state 
quartermaster,  superintendent 
of  arsenal  and  certain  other  em- 
ployees of  the  state  quarter- 
master, including  not  more  than 
eight  permanent  positions 

0405-02  For  the  salaries  of  armorers  and 
assistant  armorers  of  first-class 
armories,  superintendent  of  ar- 
mories, and  other  employees, 
including  not  more  than  eighty- 
three  permanent  positions 

0406-01  For  certain  incidental  military  ex- 
penses of  the  quartermaster's 
department      .... 

0406-02  For  office  and  general  supplies  and 
equipment        .... 

0406-03  For  the  care  and  maintenance  of 
the  state  camp  groiuid  and  build- 
ings at  Framingham 


$15,560  00  $15,940  00 


2,000  00 

142,470  00 

100  00 

100  00 

9,000  00 

9,000  00 

100  00 


100  00 


424 


Acts,  1941,  —  Chap.  419. 


Item 
0406-04 


0406-05 


0406-06 


0406-07 


For  the  maintenance  of  armories 
of  the  first  class, -including  the 
purchase  of  certain  furniture 

For  reimbursement  for  rent  and 
maintenance  of  armories  not  of 
the  first  class  .... 

For  expense  of  maintaining  and 
operating  the  Camp  Curtis 
Guild  rifle  range,  including  not 
more  than  five  permanent  posi- 
tions       ..... 

For  maintenance,  other  than  per- 
sonal services,  of  the  common- 
wealth depot  and  motor  repair 
park        ..... 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$188,000  00 
21,700  00 

18,000  00 
12,500  00 


Appropriation 

Fiscal  Year 

1942. 


$188,000  00 


21,700  00 


18.000  00 


12,500  00 


$406,960  00       $407,810  00 


Service  of  the  State  Surgeon. 


0407-01  For  personal  services  of  the  state 
surgeon,  and  regular  assistants, 
including  not  more  than  three 
permanent  positions     . 

0407-02  For  services  other  than  personal, 
and  for  necessary  medical  and 
office  supplies  and  equipment     . 

0407-03     For  the  examination  of  recruits     . 

Totals  .... 


$5,340  00 


1,500  00 
5,000  00 

$11,840  00 


$5,340  00 


1,500  00 
5.000  00 

$11,840  00 


0408-01 


Service  of  the  State  Judge  Advocate, 

For    compensation    of    the    state 

judge  advocate  .  .  .  $625  00 


$1,600  00 


Service  of  the  Armory  Commission. 
For  compensation  of  one  member  $200  00 


0409-01 

0409-02     For  office,  incidental  and  traveling 
expenses  .... 

Totals  .... 

Special : 
0409-24     For  certain  reconstruction  and  re- 
pairs at  the  commonwealth  ar- 
mory      ..... 


100  00 


$300  00 


$200  00 
100  00 


$300  00 


$76,000  00 


Service  of  Special  Military  Expenses. 

0411-01  For  the  expense  of  testimonials  to 
soldiers  and  sailors  of  the  world 
war,  to  be  expended  under  the 
direction  of  the  adjutant  general  $35  00 


$30  00 


Service  of  the  Commission  on  Administration  and  Finance. 

0415-01  For  personal  services  of  the  com- 
missioners, including  not  more 
than  four  permanent   positions       $26,600  00         $26,600  00 


Acts,  1941.  —  Chap.  419. 


425 


Item 
0415-02 


0415-03 


0415-04 


0415-05 


0415-10 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


For  personal  services  of  the  bureau 
of  the  comptroller,  including  not 
more  than  eighty-six  permanent 
positions  .... 

For  personal  services  of  the  bureau 
of  the  purchasing  agent,  includ- 
ing not  more  than  forty-one 
permanent  positions 

For  other  personal  services  of  the 
commission,  including  not  more 
than  thirty-three  permanent  po- 
sitions    ..... 

For  other  expenses  incidental  to 
the  duties  of  the  commission 

For  telephone  service  in  the  state 
house  and  expenses  in  connection 
therewith  .... 

Totals  .... 


$143,850  00  $146,530  00 

76,310  00  78,000  00 

67,700  00  75,400  00 

53,100  00  56,100  00 

42,500  00  39,500  00 

$409,960  00  $422,030  00 


Purchase  of  paper: 
0415-11  For  the  purchase  of  paper  used  in 
the  execution  of  the  contracts 
for  state  printing,  other  than 
legislative,  with  the  approval  of 
the  commission  on  administra- 
tion and  finance        .  .  .        $30,000  00 

Special : 
0415-22     For  expenses  incidental  to  a  survey 
of  the  classification  system  of  the 
commonwealth  .  .  .  $5,000  00 


$40,000  00 


Service  of  the  State  Superintendent  of  Buildings. 


0416-01  For  personal  services  of  the  super- 
intendent and  office  assistants, 
including  not  more  than  four 
permanent  positions 

0416-02  For  personal  services  of  engineers, 
assistant  engineers,  firemen  and 
helpers  in  the  engineer's  depart- 
ment, including  not  more  than 
thirty-five  permanent  positions 

0416-03  For  personal  services  of  capitol 
police,  including  not  more  than 
twenty-five  permanent  positions 

0416-04  For  personal  services  of  janitors, 
including  not  more  than  eighteen 
permanent  positions 

0416-05  For  other  personal  services  inci- 
dental to  the  care  and  mainte- 
nance of  the  state  house,  including 
not  more  than  seventy-two  per- 
manent positions 

0416-07  For  personal  services  of  the  central 
mailing  room,  including  not  more 
tlian  eight  permanent  positions 

Totals    .... 


$10,680  00    $10,830  00 


61,800  00     62,200  00 


46,920  00     47,160  00 


26,300  00     25.600  00 


89.000  00     89,200  00 


12,685  00     12,935  00 
$246,385  00   $247,925  00 


426 


Acts,  1941.  —  Chap.  419. 


Item 

Other  Annual  Expenses: 

0416-11  For  contingent,  office  and  other  ex- 
penses of  the  superintendent 

0416-12  (This  item  included  under  item 
0415-10.) 

0416-13  For  services,  suppUea  and  equip- 
ment necessary  to  furnish  heat, 
light  and  power 

0416-14  For  other  services,  supplies  and 
equipment  necessary  for  the 
maintenance  and  care  of  the 
state  house  and  grounds,  in- 
cluding repairs  of  furniture  and 
equipment        .... 

0416-15  For  office  and  other  expenses  of  the 
central  mailing  room 

Totals  .... 

Special  Improvements: 
0416-23     For   improvements  in   the   power 
plant  at  the  state  house,  includ- 
ing the  purchase  and  installation 
of  certain  equipment 
0416-24     (This  item  omitted.) 
0416-25     For  certain  improvements  in  the 
heating  and  ventilating  system 
of  the  Bulfinch  front,  so-called, 
of  the  state  house,  including  the 
cost  of  purchase  and  installation 


Appropriation 

Fiscal  Year 

1941. 


$400  00 


52,000  00 


29,000  00 
100  00 

$81,500  00 


$50,000  00 


$5,400  00 


Appropriation 

Fiscal  Year 

1942. 


$350  00 


49,100  00 


30.000  00 

100  00 

$79,550  00 


$57,000  00 


0417-01 


0417-02 


Service  of  the  Alcoholic  Beverages  Control  Commission. 

The  following  items  shall  be  pay- 
able from  fees  collected  under 
section  twenty-seven  of  chap- 
ter one  hundred  and  thirty- 
eight  of  the  General  Laws,  as 
most  recently  amended: 
For  personal  services,  including  not 

more  than  forty-eight  permanent 

positions  .  .  . 

For  services  other  than  personal, 

including  rent  of  offices,  travel, 

and  office  and  incidental  expenses 


$120,050  00        $120,840  00 


27,605  00 


26.816  00 


Totals 


$147,655  00        $147,655  00 


0418-01 


0418-02 


Service  of  the  State  Racing  Commission. 

The    following    items    shall   be 

payable    from    fees    collected 

under    chapter   one    hundred 

and    twenty-eight    A   of    the 

General  Laws,  as  amended: 
For  personal  services,  including  not 
more  than  eight  permanent  po- 
sitions      $80,600  00 

For  other  administrative  expenses, 
including  rent  of  offices,  travel, 
and  office  and  incidental  expenses  7,350  00 


$80,720  00 
7,700  00 


Totals 


$87,950  00  $88,420  00 


Acts,  1941.  —  Chap.  419. 


427 


Item 


0419-01 


0419-02 


Appropriation 

Fiscal  Year 

1941. 


Service  of  the  State  Plannino  Board. 

For  personal  services  of  secretary, 
chief  engineer,  and  other  assist- 
ants, including  not  more  than 
eleven  permanent  positions         .        $22,500  00 

For  services  other  than  personal, 
including  rent  of  offices,  travel, 
and  office  supplies  and  equip- 
ment        6,750  00 

Totals  ....        $29,250  00 


Appropriation 

Fiscal  Year 

19-12. 


Service  of  the  Commissioners  on  Uniform  State  Laws. 
0420-01     For  expenses  of  the  commissioners  $400  00 


$400  00 


Service  of  the  State  Library. 


0423-01  For  personal  services  of  the  libra- 
rian        ..... 

0423-02  For  personal  services  of  the  regular 
library  assistants,  temporary 
clerical  assistance,  and  for  serv- 
ices for  cataloguing,  including 
not  more  than  twenty-three  per- 
manent positions 

0423-03  For  services  other  than  personal, 
including  printing  the  annual  re- 
port, office  supplies  and  equip- 
ment, and  incidental  traveling 
expenses  .... 

0423-04  For  books  and  other  publications 
and  things  needed  for  the  library, 
and  the  necessary  binding  and 
rebinding  incidental  thereto 

Special : 
0423-21      For    the     expense     of     additional 
stacks  for  the  storage  of  books 
and  papers       .... 

Totals  .... 


$5,700  00 


41,505  00 


2,400  00 


10,000  00 


2,500  00 
$62,105  00 


$5,700  00 


42,330  00 


2,400  00 


10,000  00 


2,500  00 
$62,930  00 


Service  of  the  Art  Commission. 
0424-01     For  expenses  of  the  commission     .  $50  00 


$50  00 


Service  of  the  Ballot  Law  Commission. 

0425-01  For  compensation  of  the  commis- 
sioners, including  not  more  than 
three  permanent  positions  .  $30  00  $1,500  00 

0425—02     For     expenses,     including     travel, 

supplies  and  equipment     .  .  20  00  250  00 


Totals 


$50  00 


$1,750  00 


428 


Acts,  1941.  —  Chap.  419. 


Appropriation 
Fiscal  Year 
Item  1941. 

Service  of  the  Soldiers'  Home  in  Massachusetts. 

0430-00  For  the  maintenance  of  the  Sol- 
diers' Home  in  Massachusetts, 
with  the  approval  of  the  trustees 
thereof,  including  not  more  than 
one  hundred  and  ninety-five  per- 
manent positions,  to  be  in  addi- 
tion to  certain  receipts  from  the 
United  States  government;  pro- 
vided, that  this  appropriation 
be  reduced  by  any  amount  by 
which  the  receipts  from  the 
United  States  government  may 
exceed  one  hundred  and  nine 
thousand  dollars;  and,  provided 
further,  that  if  such  receipts 
from  the  United  States  govern- 
ment are  less  than  one  hundred 
and  nine  thousand  dollars,  this 
appropriation  be  increased  by  an 
amount  equal  to  the  difference 
between  said  amount  and  the 
amount  actually  received,  and 
such  increase  shall  be  taken  from 
item  0401-24  . 


Appropriation 

Fiscal  Year 

1942. 


$280,770  00      $286,790  00 


Special: 
0430-21     For  improvements  in   the   power 
house,    including    the    purchase 
and  installation  of  certain  equip- 
ment       ..... 


$7,000  00 


Service  of  the  Commissioner  of  State  Aid  and  Pensions. 

0440-01  For  personal  services  of  the  com- 
missioner and  deputies,  includ- 
ing not  more  than  three  perma- 
nent positions  .  .  .        $13,060  00 

0440-02  For  personal  services  of  agents, 
clerks,  stenographers  and  other 
assistants,  including  not  more 
than  sixteen  permanent  posi- 
tions         28,000  00 

0440-03  For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  expenses  of  the 
commissioner  and  his  employees, 
and  necessary  oflSice  supplies  and 
equipment       .... 


Totals 


4,500  00 
$45,560  00 


$13,060  00 


28.180  00 


4,500  00 


$45,740  00 


For  Expenses  on  Account  of  Wars. 

0441-01  For  reimbursing  cities  and  towns 
for  money  paid  on  account  of 
state  and  military  aid  to  Massa- 
chusetts soldiers  and  their  fami- 
lies, to  be  paid  on  or  before  the 
fifteenth  day  of  November  in 
the  years  nineteen  hundred  and 


Acts,  1941.  —  Chap.  419.  429 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

forty-one  and  nineteen  hundred 
and  forty-two,  in  accordance 
with  the  provisions  of  existing 
laws  relative  to  state  and  mili- 
tary aid $456,000  00        $496,000  00 

0441-02  For  certain  care  of  veterans  of 
the  civil  war,  their  wives  and 
widows,  as  authorized  by  section 
twenty-five  of  chapter  one  hun- 
dred and  fifteen  of  the  General 
Laws,  as  appearing  in  the  Tercen- 
tenary Edition  thereof       .  .  19.500  00  18.000  00 


Totals  ....      $475,500  00        $514,000  00 


Service  of  the  Massachusetts  Aeronautics  Commission. 

0442-01  For  personal  services  of  employees, 
including  not  more  than  three 
permanent  positions  .  .  $6,930  00  $7,490  00 

0442-02  For  administrative  expenses,  in- 
cluding consultants'  services, 
office  rent  and  other  incidental 
expenses  .  .  .  .  11,070  00  12,510  00 


Totals  ....        $18,000  00  $20,000  00 


For  the  Maintenance  of  the  Mount  Greylock  War  Memorial. 

0443-01  For  expenses  of  maintenance  of  the 
Mount  Greylock  War  Memorial, 
as  authorized  by  section  forty- 
seven  of  chapter  six  of  the  Gen- 
eral Laws,  inserted  by  chapter 
three  hundred  and  thirty-six  of 
the  acts  of  nineteen  hundred  and 
thirty-three      ....  $1,500  00  $1,500  00 


For  the  Maintenance  of  Old  State  House. 

0444-01  For  the  contribution  of  the  com- 
monwealth toward  the  mainte- 
nance of  the  old  provincial  state 
house $1,500  00  $1,600  00 


National  Education  Association 

0444-06  For  expenses  in  connection  with 
the  convention  of  the  National 
Education  Association  to  be  held 
in  Boston  during  the  year  nine- 
teen hundred  and  forty-one,  as 
contained  in  the  message  of  His 
Excellency  the  Governor  under 
date  of  March  thirty-first  of 
the  current  year,  and  to  be  ex- 
pended under  the  direction  of 
the  governor  and  council  .  .  $2,000  00 


430  Acts,  1941.  —  Chap.  419. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Governor's  Committee  on  Public  Safety. 

0450-01  For  personal  and  other  expenses  of 
the  governor's  committee  on 
public  safety.  No  part  of  the  ap- 
propriations herein  authorized 
shall  be  available  for  the  salaries 
of  positions  on  a  permanent 
basis.  Persons  employed  by  said 
committee  shall  not  be  subject 
to  the  civil  service  laws  or  the 
rules  and  regulations  made  there- 
under, but  their  employment 
and  salary  rates  shall  be  subject 
to  the  rules  and  regulations  of 
.  the    division    of    personnel    and 

standardization.  Further  ac- 
tivities of  the  committee  shall 
terminate  whenever,  in  the 
opinion  of  the  governor,  its  con- 
tinuation is  no  longer  required 
in  the  best  interests  of  the  com- 
monwealth. Expenditures  un- 
der this  item  shall  be  subject  to 
the  approval  of  a  majority  of 
the  members  of  the  executive 
committee  of  said  committee  on 
public  safety    ....      $200,000  00        $310,000  00 

Service  of  the  Secretary  of  the  Coiiwwnwealth. 

0501-01     For  the  salary  of  the  secretary       .  $7,000  00  $7,000  00 

0501-02  For  the  salaries  of  officers  and  em- 
ployees holding  positions  estab- 
lished by  law,  and  other  personal 
services,  including  not  more  than 
sixty-six  permanent  positions     .        112,950  00  113,850  00 

0501-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment,  for  the  ar- 
rangement and  preservation  of 
state  records  and  papers,  in- 
cluding traveling  expenses  of  the 
supervisor  of  public  records         .  21,500  00  17,500  00 

0501-04  For  postage  and  expressage  on  pub- 
lic documents,  and  for  mailing 
copies  of  bills  and  resolves  to  cer- 
tain state,  city  and  town  officials  2,000  00  2,000  00 

0501-05     For    printing    registration    books, 

blanks  and  indexes  .  .  .  2,000  00  1,000  00 

0501-06  For  the  preparation  of  certain  in- 
dexes of  births,  marriages  and 
deaths 9,000  00  9,000  00 

0501-08     For  the  purchase  of  ink  for  public 

records  of  the  commonwealth    .  1,200  00  1,200  00 

0501-09  For  the  purchase  of  copies  of  cer- 
tain town  records  prior  to  eight- 
een hundred  and  fifty        .  .  1,500  00  1,500  00 


Totals  ....      $157,150  00        $153,050  00 

Specials: 
0502-01     For  the  purchase  of  certain  sup- 
plies   and    equipment,    and    for 


Acts,  1941.  —  Chap.  419. 


431 


Item 


0502-02 


0502-03 


other  things  necessary  in  con- 
nection with  the  reproduction  of 
the  manuscript  collection  desig- 
nated "  Massachusetts  Archives" 

For  the  purchase  and  distribution 
of  copies  of  certain  journals  of 
the  house  of  representatives  of 
Massachusetts  Bay  from  seven- 
teen hundred  and  fifteen  to 
seventeen  hundred  and  eighty, 
inclusive,  as  authorized  by  chap- 
ter four  hundred  and  thirteen  of 
the  acts  of  nineteen  hundred  and 
twenty    ..... 

For  the  purchase  by  the  secretary 
of  the  commonwealth  of  certain 
copies  of  a  history  of  "The  101st 
Field  Artillery,  A.  E.  F."  . 

Totals  .... 


For  printing  laws,  etc. : 
0503-01     For  printing  and  distributing  the 
pamphlet  edition  and  for  print- 
ing and  binding  the  blue  book 
edition  of  the  acts  and  resolves 
of  the  present  year  . 
0503-02     For  the  printing  of  reports  of  de- 
cisions of  the  supreme  judicial 
court,  to  be  in  addition  to  any 
unexpended    balance    of   appro- 
priations made  for  the  purpose 
in  preceding  years    . 
0503-03     For   printing   and    binding   public 
documents        .... 

Totals  .... 

For  matters  relating  to  elections: 

0504-01  For  personal  and  other  services  in 
preparing  for  primary  elections, 
including  not  more  than  one  per- 
manent position,  and  for  the 
expenses  of  preparing,  printing 
and  distributing  ballots  for  pri- 
mary and  other  elections  . 

0504-02  For  the  printing  of  blanks  for  town 
officers,  election  laws  and  blanks 
and  instructions  on  all  matters 
relating  to  elections 

0504-03  For  furnishing  cities  and  towns 
with  ballot  boxes,  and  for  repairs 
to  the  same ;  for  the  purchase  of 
apparatus  to  be  used  at  polling 
places  in  the  canvass  and  count- 
ing of  votes;  and  for  providing 
certain  registration  facilities 

0504-04  For  expenses  of  publication  of  lists 
of  candidates  and  forms  of  ques- 
tions before  state  elections 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$1,500  00 


Appropriation 

Fiscal  Year 

1942. 


$1,500  00 


760  00 


1,000  00 


$2,500  00 


$2,250  00 


$13,000  00 


50,400  00 

3,400  00 

$66,800  00 


$12,600  00 

2,500  00 

$15,100  00 


$4,700  00        $175,000  00 
3,000  00  3,000  00 

1,000  00  1,000  00 

13,000  00 
$8,700  00   $192,000  00 


432 


Acts,  1941.  —  Chap.  419. 


Item 


0505-01 


0506-01 


Medical  Examiners'  Fees: 
For    medical    examiners'    fees,    as 
provided  by  law 

Commission  on  Interstate  Co- 
operation : 
For  personal  and  other  services  of 
the  commission,  including  travel 
and  other  expenses,  as  author- 
ized by  sections  twenty-one  to 
twenty-five,  inclusive,  of  chap- 
ter nine  of  the  General  Laws, 
inserted  by  chapter  four  hundred 
and  four  of  the  acts  of  nineteen 
hundred  and  thirty-seven,  in- 
cluding not  more  than  two  per- 
manent positions 


Appropriation 

Fiscal  Year 

1941. 


$1,200  00 


Appropriation 

Fiscal  Year 

1942. 


SI, 200  00 


$7,700  00 


$7,700  00 


Service  of  the  Treasurer  and  Receiver-General. 


0601-01  For  the  salary  of  the  treasurer  and 
receiver-general 

0601-02  For  salaries  of  officers  and  em- 
ployees holding  positions  estab- 
lished by  law  and  additional 
clerical  and  other  assistance,  in- 
cluding not  more  than  thirty- 
seven  permanent  positions 

0601-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment 

Totals  .... 

Commissioners  on  Firemen's  Re- 
lief: 

0602-01  For  relief  disbursed,  with  the  ap- 
proval of  the  commissioners  on 
firemen's  relief,  subject  to  the 
proidsions  of  law 

0602-02  For  expenses  of  administration  by 
the  commissioners  on  firemen's 
relief        ..... 

Totals  .  .  . 

Payments  to  Soldiers: 
0603-01  For  making  payments  to  soldiers 
in  recognition  of  service  during 
the  world  war  and  the  Spanish 
war,  as  provided  by  law  . 
0603-02  (This  item  included  under  item 
0603-01.) 

Totals  .... 

State  Board  of  Retirement: 
0604-01  For  personal  services  in  the  ad- 
ministrative office  of  the  state 
board  of  retirement,  including 
not  more  than  nine  permanent 
positions  .... 


$6,000  00 


67,700  00 


18,000  00 
$91,700  00 


$16,000  00 


400  00 


$2,000  00 


$2,000  00 


$13,680  00 


$6,000  00 

68,820  00 

18,000  00 
$92,820  00 


$15,000  00 


400  00 


$16,400  00  $15,400  00 


$2,000  00 


$2,000  00 


$14,440  00 


Acts,  1941.  —  Chap.  419. 


433 


Item 
0604-02 


0604-03 


For  services  other  than  personal, 
printing  the  annual  report,  and 
for  office  supplies  and  equipment 

For  requirements  of  annuity  funds 
and  pensions  for  employees  re- 
tired from  the  state  service  under 
authority  of  law,  to  be  in  addi- 
tion to  the  amounts  appropri- 
ated in  item  2970-01 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$1,000  00 


364,000  00 


Appropriation 

Fiscal  Year 

1942. 


$1,400  00 


389,000  00 


$378,680  00        $404,840  00 


Service  of  the  Emergency  Finance  Board. 


0605-01  For  administrative  expenses  of  the 
emergency  finance  board,  includ- 
ing not  more  than  eight  perma- 
nent positions 


$15,000  00  $15,000  00 


Service  of  the  State  Emergency  Public  Works  Commission. 

0606-01  For  expenses  of  the  board  ap- 
pointed to  formulate  projects  or 
perform  any  act  necessary  to 
enable  the  commonwealth  to 
receive  certain  benefits  provided 
by  any  acts  or  joint  resolutions 
of  congress  authorizing  grants  of 
federal  money  for  public  proj- 
-ects,  including  not  more  than 
eight  permanent  positions  .        $18,000  00 


Service  of  the  Auditor  of  the  Commonuealth. 

0701-01     For  the  salary  of  the  auditor  .  $6,000  00 

0701-02  For  personal  services  of  deputies 
and  other  assistants,  including 
not  more  than  twenty-three  per- 
manent positions  .  .  .  68,260  00 
0701-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment           .           .  6,500  00 

Totals  ....        $80,760  00 


$6,000  00 

68,770  00 

6,500  00 
$81,270  00 


Service  of  the  Attorney  General's  Department. 

0801-01  For  the  salary  of  the  attorney  gen- 
eral .  .  .  .  $8,000  00  $8,000  00 

0801-02  For  the  compensation  of  assistants 
in  his  office,  and  for  such  other 
legal  and  personal  services  as 
may  be  required,  including  not 
more  than  thirty-seven  perma- 
nent positions  .  .         124,000  00  124,000  00 

0801-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment  .  .  10.000  00  10,000  00 


434 


Acts,  1941.  —  Chap.  419. 


Item 
0802-01 


0802-02 


For  the  settlement  of  certain 
claims,  as  provided  by  law,  on 
account  of  damages  by  cars 
owned  by  the  commonwealth 
and  operated  by  state  employees 

For  the  settlement  of  certain  small 
claims,  as  authorized  by  section 
three  A  of  chapter  twelve  of  the 
General  Laws,  as  appearing  in 
the  Tercentenary  Edition  thereof 

Totals 


Appropriation 

Fiscal  Year 

1941. 


$7,000  00 


5,000  00 


Appropriation 

Fiscal  Year 

1942. 


$7,000  00 


5,000  00 


$154,000  00        $154,000  00 


Specials: 

0803-04  For  expenses  incidental  to  special 
litigation  to  recover  certain  bank 
deposits,  as  authorized  by  sec- 
tion forty-one  of  chapter  one 
hundred  and  sixty-eight  of  the 
General  Laws 

0803-05  For  certain  expenses  in  connection 
with  office  renovation,  including 
furnishings       .... 


$15,000  00 


$3,000  00 


Service  of  the  Department  of  Agriculture. 


0901-01 
0901-02 


0901-03 


0901-04 


0901-11 


0901-21 


For  the  salary  of  the  commissioner 

For  personal  services  of  clerks 
and  stenographers,  including  not 
more  than  seventeen  permanent 
positions  .... 

For  traveling  expenses  of  the  com- 
missioner .... 

For  services  other  than  personal, 
printing  the  annual  report,  office 
supplies  and  equipment,  and 
printing  and  furnishing  trespass 
posters    ..... 

For  compensation  and  expenses  of 
members  of  the  advisory  board  . 

For  services  and  expenses  of  apiary 
inspection,  including  not  more 
than  one  permanent  position 

Totals  .... 


Division  of  Dairying  and  Ani- 
mal Husbandry: 

0905-01  For  personal  services,  including 
not  more  than  five  permanent 
positions  .... 

0905-02  For  other  expenses,  including  the 
enforcement  of  the  dairy  laws  of 
the  commonwealth  . 

0905-03  For  administering  the  law  relative 
to  the  inspection  of  barns  and 
dairies  by  the  department  of  agri- 
culture, including  not  more  than 
eight  permanent  positions 

Totals  .... 


$6,000  00 


27,890  00 


700  00 


5,750  00 


500  00 


1,700  00 


$13,200  00 


5.000  00 


25.000  00 


$6,000  00 

28.370  00 
700  00 

5,750  00 
500  00 

1,700  00 


$42,540  00  $43,020  00 


$13,320  00 
4,500  00 

25,000  00 


$43,200  00  $42,820  00 


Acts,  1941.  —  Chap.  419. 


435 


Item 


0906-01 


0906-02 


Milk  Control  Board: 

For  personal  services  of  members 
of  the  board  and  their  employees, 
including  not  more  than  thirty- 
five  permanent  positions   . 

For  other  administrative  expenses 
of  the  board,  including  office  ex- 
penses, rent,  travel  and  special 
services,  and  including  not  more 
than  two  permanent  positions; 
provided,  that  the  appropriation 
herein  authorized  for  the  year 
nineteen  hundred  and  forty-two 
shall  be  only  for  administrative 
expenses,  including  personal 
services,  relative  to  the  licensing 
and  bonding  of  milk  dealers 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$54,610  00 


Appropriation 

Fiscal  Year 

1942. 


36.670  00 
$91,280  00 


$5,350  00 
$5,350  00 


0907-01 
0907-02 


0907-03 


0907-04 


0907-05 


0907-06 


0907-07 


Division  of  Livestock  Disease 
Control: 

For  the  salary  of  the  director         .  $4,000  00  $4,000  00 

For  personal  services  of  clerks 
and  stenographers,  including  not 
more  than  eighteen  permanent 
positions  .  .  .  .  26,125  00  26,400  00 

For  services  other  than  personal, 
including  printing  the  annual  re- 
port, traveling  expenses  of  the 
director,  office  supplies  and 
equipment,  and  rent  .  .  8,300  00  8,300  00 

For  personal  services  of  veterina- 
rians and  agents  engaged  in  the 
work  of  extermination  of  conta- 
gious diseases  among  domestic 
animals,  including  not  more  than 
fifteen  full-time  permanent  posi- 
tions and  not  more  than  fifty- 
seven  permanent  intermittent 
positions  ....  69,930  00  70,200  00 

For  traveling  expenses  of  veteri- 
narians and  agents,  including 
the  cost  of  any  motor  vehicles 
purchased  for  their  use      .  .  12,750  00  12,760  00 

For  reimbursement  of  owners  of 
horses  killed  during  the  fiscal 
years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two  and  previous 
years,  travel,  when  allowed,  of 
inspectors  of  animals,  incidental 
expenses  of  kilUng  and  burial, 
quarantine  and  emergency  serv- 
ices, and  for  laboratory  and  vet- 
erinary supplies  and  equipment  2,200  00  2,200  00 

For  reimbursement  of  owners  of 
tubercular  cattle  killed,  includ- 
ing the  payment  of  two  claims  of 
previous  years  amounting  to 
seventy-three  dollars  and  eight- 
een cents,  as  authorized  by  sec- 


436 


Acts,  1941.  —  Chap.  419. 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


0907-08 


0908-01 


0908-02 
0908-03 


0909-01 


0909-02 
0909-11 


0909-12 


tion  twelve  A  of  chapter  one 
hundred  and  twenty-nine  of  the 
General  Laws,  aa  appearing 
in  the  Tercentenary  Edition 
thereof,  and  in  accordance  with 
certain  provisions  of  law  and 
agreements  made  under  author- 
ity of  section  thirty-three  of 
said  chapter  one  hundred  and 
twenty-nine,  as  amended,  dur- 
ing the  years  nineteen  hundred 
and  forty-one  and  nineteen  hun- 
dred and  forty-two  and  the  pre- 
vious year,  to  be  in  addition  to 
any  amount  heretofore  appro- 
priated for  the  purpose;  and  any 
unexpended  balance  remaining 
at  the  end  of  either  of  the  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two  may  be  used  in  the  succeed- 
ing year  .... 

Totals  .... 

Reimbursement  of  towns  for  in- 
spectors of  animals: 
For  the  reimbursement  of  certain 
towns  for  compensation  paid  to 
inspectors  of  animals 

Di\asion  of  Markets: 

For  personal  services,  including 
not  more  than  twelve  permanent 
positions  .  .  . 

For  other  expenses 

For  the  cost  of  work  of  inspecting 
certain  orchards  within  the  com- 
monwealth to  provide  for  efTec- 
tive  apple  pest  control 

Totals  .... 

Division  of  Plant  Pest  Control 
and  Fairs: 

For  personal  services,  including  not 
more  than  four  permanent  posi- 
tions       ..... 

For  travel  and  other  expenses 

For  work  in  protecting  the  pine 
trees  of  the  commonwealth  from 
white  pine  blister  rust,  and  for 
payments  of  claims  on  account 
of  currant  and  gooseberry  bushes 
destroyed  in  the  work  of  sup- 
pressing white  pine  blister  rust  . 

For  quarantine  and  other  expenses 
in  connection  with  the  work  of 
suppression  of  the  European 
corn  borer,  so  called,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  pur- 
pose        ..... 


$30,000  00  $30,000  00 


$153,305  00        $153,850  00 


$5,200  00 


$27,120  00 
5,700  00 


1.700  00 


$5,200  00 


$27,960  00 
5,700  00 


1.700  00 


$34,520  00    $35,360  00 


$15,080  00 
6,000  00 


3,000  00 


2,750  00 


$15,080  00 
6,800  00 


3,000  00 


2.760  00 


Acts,  1941.  — Chap.  419.        ^  437 

Ap|>ropriation        Appropriation 
Fiscal  Year  Fiacal  Year 

Item  1941.  1942. 

0909-13  For  quarantine  and  other  expenses 
in  connection  with  the  work  of 
suppressibn  of  the  Japanese 
beetle,  so  called         .  .  .  $3,000  00  $3,000  00 

0909-21  For  state  prizes  and  agricultural 
exhibits  including  allotment  of 
funds  for  the  4-H  club  activi- 
ties, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  this  purpose,  and  any  unex- 
pended balance  remaining  at  the 
end  of  either  of  the  years  nine- 
teen hundred  and  forty-one  and 
nineteen  hundred  and  forty-two 
may  be  used  in  the  succeeding 
year 24,000  00  24,000  00 


Totals  ....        $53,830  00         $53,630  00 

State  Reclamation  Board: 
0910-01     For  expenses  of  the  board,  includ- 
ing not  more  than  five  perma- 
nent positions  .  .  .        $10,800  00  $10,300  00 


Service  of  the  Department  of  Conservation. 

Administration : 
1001-01     For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

1001-02     For  traveling  expenses  of  the  com- 
missioner ....  1,000  00  500  00 
1001-03     For  services  other  than  personal, 

including  printing,  supplies  and 

equipment,  and  rent  .  .  12,735  00  11,945  00 

1001-04     For  clerical  and  other  assistance  to 

the  commissioner,  including  not 

more    than    twelve    permanent 

positions  ....  31,420  00  32,010  00 


Totals  ....        $51,155  00  $50,455  00 

Division  of  Forestry: 

1002-01  For  personal  services  of  office  as- 
sistants, including  not  more  than 
four  permanent  positions  .  .  $5,790  00  $6,030  00 

1002-02  For  services  other  than  personal, 
including  printing  the  annual  re- 
port, and  for  traveling  expenses, 
necessary  office  supplies  and 
equipment,  and  rent  .  .  5,650  00  5,650  00 

1002-11  For  aiding  towns  in  the  purchase 
of  equipment  for  extinguishing 
forest  fires  and  for  making  pro- 
tective belts  or  zones  as  a  de- 
fence against  forest  fires,  for  the 
fiscal  years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two  and  for  previous 
years 1,000  00  1,000  00 

1002-12  For  personal  services  of  the  state 
fire  warden  and  his  assistants, 
and  for  other  services,  including 
traveling  expenses  of  the  state 


438  ^       Acts,  1941.  —  Chap.  419. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1943. 

fire  warden  and  his  assistants, 
necessary  supplies  and  equip- 
ment and  materials  used  in  new 
construction  in  the  forest  fire 
prevention  serv-ice,  including  not 
more  than  twelve  permanent 
positions  ....        $73,000  00  $73,000  00 

1002-14  For  the  expenses  of  forest  fire  pa- 
trol, as  authorized  by  section 
twenty-eight  A  of  chapter  forty- 
eight,  of  the  General  Laws,  as 
appearing  in  the  Tercentenary 
Edition  thereof         .  .  .  6,100  00  6,000  GO 

1002-16  For  reimbursement  to  certain 
'  towns,  as  authorized  by  section 

twenty-four  of  said  chapter 
forty-eight,  as  so  appearing  200  00  200  00 

1002-21  For  the  development  of  state 
forests,  including  not  more  than 
twenty-one  permanent  positions, 
and  including  salaries  and  ex- 
penses of  foresters  and  the  cost 
of  maintenance  of  such  nurseries 
as  may  be  necessary  for  the  grow- 
ing of  seedlings  for  the  planting 
of  state  forests,  as  authorized  by 
sections  one,  six,  nine  and  thirty 
to  thirty-six,  inclusive,  of  chap- 
ter one  hundred  and  thirty-two 
of  the  General  Laws,  as  amended, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this 
purpose,  and  any  unexpended 
balance  remaining  at  the  end  of 
either  of  the  years  nineteen  hun- 
dred and  forty-one  and  nineteen 
hundred  and  forty-two  may  be 
used  in  the  succeeding  year       .        130,000  00  130,000  00 

1002-31  For  the  suppression  of  the  gypsy 
and  brown  tail  moths,  including 
not  more  than  eight  permanent 
positions,  and  for  expenses  inci- 
dental thereto,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose,  and  any 
unexpended  balance  remaining 
at  the  end  of  either  of  the  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two  may  be  used  in  the  succeed- 
ing year  ....  42,420  00  42,105  00 


Totals  ....      $264,160  00        $263,985  00 

Division  of  Fisheries  and  Game: 
1004-01     For  the  salary  of  the  director  $5,000  00  $5,000  00 

1004-02     For  personal  services  of  office  as- 
sistants, including  not  more  than 

ten  permanent  positions   .  .  19,000  00  19,200  00 

1004-03     For  services  other  than  personal, 

including    printing    the    annual 

report,   traveling   expenses   and 

necessary    office    supplies    and 

equipment,  and  rent         .  .  10,269  00  11,838  00 


Acts,  1941.  —  Chap.  419. 


439 


Item 

1004-04  For  expenses  of  exhibitions  and 
other  measures  to  increase  the 
interest  of  the  pubHc  in  the  pro- 
tection and  propagation  of  fish 
and  game         .... 

Enforcement  of  laws: 
1004-11     For  personal  services  of  conserva- 
tion officers,  including  not  more 
than     thirty-seven     permanent 
positions  .... 

1004-12  For  traveling  expenses  of  conser- 
vation officers,  and  for  other  ex- 
penses necessary  for  the  enforce- 
ment of  the  laws 

Biological  work: 

1004-21  For  personal  services  to  carry  on 
biological  work,  including  not 
more  than  two  permanent  posi- 
tions       ..... 

1004-22  For  traveling  and  other  expenses 
of  the  biologist  and  his  assistants 

Propagation  of  game  birds,  etc.: 
1004-31  For  personal  services  of  employees 
at  game  farms  and  fish  hatch- 
eries, including  not  more  than 
twenty-four  permanent  positions 
1004-32  For  other  maintenance  expenses  of 
game  farms  and  fish  hatcheries, 
and  for  the  propagation  of  game 
birds  and  animals  and  food  fish 

Damages  by  wild  deer  and  wild 
moose: 
1 004-35  For  the  payment  of  damages  caused 
by  wild  deer  and  wild  moose,  for 
the  years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two  and  for  previous 
years,  as  provided  by  law 

Supervision  of  public  fishing  and 
hunting  grounds: 
1004-41     For  personal  services    . 
1004-42     For  other  expenses 

Specials: 

1004-43  For  repairs  and  replacement  of 
existing  equipment  and  struc- 
tures at  the  several  fish  hatch- 
eries and  game  farms 

1004-44     For  the  purchase  of  fish  and  game  . 

1004-45  For  expenses  of  providing  for  the 
establishment  and  maintenance 
of  public  fishing  grounds  . 

1004-46  For  the  cost  of  construction  and 
improvement  of  certain  fishways 

1004-47  For  consultants  and  other  personal 
services,  and  for  expenses,  in  con- 
nection with  a  biological  survey 
of  the  streams  and  waters  of  the 
commonwealth  to  be  made  un- 


Appropriation 

Fiscal  Year 

1941. 


$950  00 


75,190  00 


31,460  00 


6,500  00 
2,200  00 


84,350  00 


114,600  00 


Appropriation 

Fiscal  Year 

1942. 


$950  00 


75,190  00 


31.460  00 


6,620  00 
2,200  00 


84,770  00 


115,400  00 


6,000  00 


2,200  00 
900  00 


3,000  00 
2,000  00 


3,900  00 


6.000  00 


2,200  00 
900  00 


3,000  00 

4,490  00 
3,000  00 


440 


Acts.  1941.  —  Chap.  419. 


Item 


1004-48 


Appropriation 

Fiscal  Year 

1941. 


1004-49 


1004-51 


1004-52 
1004-53 


1004-70 
1004-71 


1004-72 


1004-81 


der  the  direction  of  the  commis- 
sioner of  conservation 

For  the  acquisition  of  fishing  rights 
and  privileges  in  streams  and 
ponds  in  the  commonwealth,  the 
acquisition  of  lands  bordering 
on  such  streams  or  ponds  nec- 
essary for  exercising  such  rights 
and  privileges  and  the  acquisi- 
tion of  rights  of  ingress  to  and 
egress  from  such  streams,  ponds 
and  lands,  with  the  approval  of 
the  governor  and  council  . 

For  payment  of  a  judgment  for 
damages,  with  the  approval  of 
the  attorney  general,  in  connec- 
tion with  the  conduct  of  the 
Montague  fish  hatchery     . 

Totals  .... 

Division  of  Wild  Life  Research 
and  Management: 

For  personal  services,  including 
not  more  than  three  permanent 
positions  .... 

For  other  expenses 

For  expenses  of  establishing  and 
conducting  co-operative  wild  life 
restoration  projects,  as  author- 
ized by  chapter  three  hundred 
and  ninety-two  of  the  acts  of 
nineteen  hundred  and  thirty- 
eight,  and  federal  funds  received 
as  reimbursements  under  this 
item  are  to  be  credited  to  the 
General  Fund  as  income  of  the 
division  of  fisheries  and  game     . 

Totals  

Division  of  Marine  Fisheries: 
For  the  salary  of  the  director 
For  personal  services,  including  not 
more  than  six  permanent  posi- 
tions;   provided,  that  these  ap- 
propriations shall  not  be  used  for 
the  payment  of  salaries  of  food 
inspectors  regulating  the  sale  and 
cold  storage  of  fresh  food  fish     . 
For  services  other  than  personal, 
traveling     expenses,     necessary 
office   supplies   and   equipment, 
and  rent  .... 

Enforcement  of  shellfish  and 
other  marine  fishery  laws: 
For  personal  services  for  the  ad- 
ministration and  enforcement  of 
laws  relative  to  shellfish  and 
other  marine  fisheries,  and  for 
regulating  the  sale  and  cold 
storage  of  fresh  food  fish,  includ- 
ing not  more  than  sixteen  per- 


Appropriation 

Fiscal  Year 

1042. 


$6,000  00 


$4,000  00 


4.459  00 


4.000  00 


$375,978  00        $382,218  00 


$6,400  00 
1,300  00 


$6,520  00 
1.300  00 


18,600  00 
$26,300  00 

$5,000  00 


10,990  00 


4,770  00 


18,730  00 
$26,550  00 

$5,000  00 


11,050  00 


4,770  00 


Acts,  1941.  —  Chap.  419.  441 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

manent  positions  of  which  not 
more  than  five  shall  be  food  in- 
spectors regulating  the  sale  and 
cold  storage  of  fresh  food  fish     .        $43,805  00  $43,245  00 

1004-82  For  other  expenses  of  the  adminis- 
tration and  enforcement  of  laws 
relative  to  shellfish  and  other 
marine  fisheries  and  for  regulat- 
ing the  sale  and  cold  storage  of 
fresh  food  fish  ...  15,000  00  14.500  00 

1004-83  For  expenses  of  purchasing  lobsters, 
subject  to  the  conditions  im- 
posed by  section  twenty-six  of 
chapter^one  hundred  and  thirty 
of  the  General  Laws,  as  appear- 
ing in  section  two  of  chapter 
three  hundred  and  twenty-nine 
of  the  acts  of  nineteen  hundred 
and  thirty-three;  provided,  that 
the  price  paid  for  such  lobsters 
shall  not  exceed  the  prevailing 
wholesale  price  for  such  lobsters 
in  the  district  where  purchased  .  3,000  00  3,000  00 

1004-84  For  the  cost  of  assisting  coastal 
cities  and  towns  in  the  propaga- 
tion of  food  fish  and  the  suppres- 
sion of  enemies  thereof,  as  au- 
thorized by  section  three  A  of 
chapter  one  hundred  and  thirty 
of  the  General  Laws,  inserted 
therein  by  chapter  three  hundred 
and  twenty-four  of  the  acts  of 
nineteen  hundred  and  thirty-five  18,000  00  18,000  00 


Totals  ....      $100,565  00  $99,565  00 

Special : 
1004-86  For  the  purchase  of  a  patrol  boat 
to  replace  nimaber  two  boat,  so- 
called,  and  the  number  two  boat 
shall  be  disposed  of  in  accord- 
ance with  provisions  of  the  Gen- 
eral Laws -  $6,000  00 

Bounty  on  seals: 
1004-91     For  bounties  on  seals   .  .  .  $900  00  $900  00 


Service  of  the  Department  of  Banldng  and  Insurance. 

Division  of  Banks: 

1101-01     For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

1101-02  For  services  of  deputy,  directors, 
examiners  and  assistants,  clerks, 
stenographers  and  experts,  in- 
cluding not  more  than  one  hun- 
dred and  thirty-six  permanent 
positions  ....        341,825  00  346,000  00 

1101-03  For  services  other  than  personal, 
printing  the  annual  report,  trav- 
eling expenses,  office  supplies  and 
equipment        ....  60,000  00  60,000  00 


Totals $407,825  00        $412,000  00 


442  Acts,  1941.  —  Chap.  419. 


Appropria 
Fiscal  Y 


priation        Appropriation 
Year  Fiecal  Year 

Item  1941.  1942. 

Supervisor  of  Loan  Agencies: 
1102-01     For  personal  services  of  supervisor 

and     assistants,     including    not 

more     than     seven     permanent 

positions  ....        $14,070  00  $14,130  00 

1102-02     For  services  other  than  personal, 

printing  the  annual  report,  office 

supplies  and  equipment   .  .  1,250  00  1,300  00 


Totals  ....        $15,320  00  $15,430  00 

Division  of  Insurance: 

1103-01     For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

1103-02  For  other  personal  services  of  the 
division,  including  expenses  of 
the  board  of  appeal  and  certain  ^. 

other  costs  of  supervising  motor 
vehicle  liability  insurance,  and 
including  not  more  than  one 
hundred  and  fifty-one  perma- 
nent positions,  partly  charge- 
able to  item  2970-02  .  .        255,930  00  259,770  00 

1103-03  For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  office  sup- 
plies and  equipment  and  rent 
of  offices  ....  73,000  00  73,000  00 

1103  04  (This  item  included  under  item 
2970-08.) 


Totals  ....      $334,930  00       $338,770  00 

Board  of  Appeal  on  Fire  Insur- 
ance Rates: 
1104-01     For  expenses  of  the  board  $300  00  $400  00 

Division  of  Savings  Bank  Life 
Insurance : 

1105-01  For  personal  services  of  officers 
and  employees,  including  not 
more  than  twenty-nine  perma- 
nent positions  .  .  .        $47,890  00  $51,005  00 

1105-02  For  services  other  than  personal, 
printing  the  annual  report,  trav- 
eling expenses,  rent  and  equip- 
ment        18,000  00  18,000  00 


Totals  ....        $65,890  00  $69,005  00 


Service  of  the  Departynent  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 

1201-01     For  the  salary  of  the  commissioner  $7,500  00  $7,500  00 

1201-02  For  the  salaries  of  certain  positions 
filled  by  the  commissioner,  with 
the  approval  of  the  governor  and 
council,  and  for  additional  cleri- 
cal and  other  assistance,  includ- 
ing not  more  than  one  hundred 
and  twenty-six  permanent  posi- 
tions, partly  chargeable  to  item 
2970-03;  and  it  is  hereby  fur- 
ther provided  that  the  sum  of 
fifty    thousand    dollars,    which 


i 


Acts,  1941.  —  Chap.  419.  443 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

represents  the  estimated  annual 

cost    of    collection    of    alcoholic 

beverages   taxes,   so-called,    and 

which  is  hereby  included  in  these 

appropriations  for  each  of  the 

years     nineteen     hundred     and 

forty-one  and  nineteen  hundred 

and  forty-two,  shall  be  trans- 
ferred to  the  General  Fund  from 

fees     collected     under     section 

twenty-seven    of    chapter    one 

hundred  and  thirty-eight  of  the 

General  Laws,  as  amended  .  $210,890  00  $212,550  00 
1201-03     For  other  services,  necessary  office 

supplies  and  equipment,  travel, 

and  for  printing  the  annual  re- 
port,    other     publications     and 

valuation  books         .  .  .  42,600  00  42,000  00 

1201-04     For  expenses  of  the  department  for 

legal  services,  evidence  and  other 

information  relative  to  domicile 

cases 500  00  500  00 


Totals  ....      $261,490  00        $262,550  00 

Special: 
1201-06     For  the  purchase  of  a  duplicating 

machine  ....  $1,500  00 

Reimbursement  for  loss  of  taxes: 
1201-05  For  reimbursing  cities  and  towns 
for  loss  of  taxes  on  land  used  for 
state  institutions  and  certain 
other  state  activities,  as  certified 
by  the  commissioner  of  corpo- 
rations and  taxation  for  the 
years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two  .  $164,314  29        $165,000  00 

Administration  of  new  taxes: 

1201-11  For  personal  services  for  the  ad- 
ministration of  certain  laws 
levying  new  taxes     .  .  .        $28,860  00  - 

1201-12  For  expenses  other  than  personal 
services  for  the  administration 
of  certain  laws  levying  new  taxes  9,490  00  - 


Totals  ....        $38,350  00 

1201-27     (See  item  1202-21.) 
1201-28     (This  item  omitted  ) 

Income  Tax  Division  (the  three 

following    appropriations    are 

to  be  made  from  the  receipts 

from  the  income  tax) : 
1202-01  For  personal  services  of  the  direc- 
tor, assistant  director,  assessors, 
deputy  assessors,  clerks,  stenog- 
raphers and  other  necessary  as- 
sistants, including  not  more  than 
two  hundred  and  sixty-three 
permanent  positions  .  .      $515,260  00        $517,660  00 


444 


Acts,  1941.  —  Chap.  419. 


Item 
1202-02 


1202-21 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942 


1203-01 


1203-02 
1203-11 


1203-12 


1203-21 


1204-01 


1204-02 


For  services  other  than  personal, 
and  for  traveling  expenses,  office 
supplies  and  equipment,  and 
rent         .  .  ... 

For  expenses  in  connection  with 
certain  bonds  filed  in  the  state  of 
Texas,  and  for  legal  fees,  to 
permit  suit  in  that  state  to  re- 
cover judgment  against  Edgar  B. 
Davis  in  relation  to  an  unpaid 
income  tax 

Totals      '     .  .  .  . 

Division  of  Accounts: 

For  personal  services,  including 
not  more  than  one  hundred  and 
nine  permanent  positions  partly 
chargeable  to  item  1203-11 

For  other  expenses 

For  services  and  expenses  of  audit- 
ing and  installing  systems  of 
municipal  accounts,  the  cost  of 
which  is  to  be  assessed  upon  the 
municipalities  for  which  the  work 
is  done    ..... 

For  the  expenses  of  certain  books, 
forms  and  other  material,  which 
may  be  sold  to  cities  and  towns 
requiring  the  same  for  maintain- 
ing their  system  of  accounts 

For  the  administrative  expenses  of 
the  county  personnel  board,  in- 
cluding not  more  than  five  per- 
manent positions 

Totals  .... 

Appellate  Tax  Board: 

For  personal  services  of  the  mem- 
bers of  the  board  and  employees 
including  not  more  than  twenty- 
five  permanent  positions    . 

For  services  other  than  personal 
traveling  expenses,  office  sup- 
plies and  equipment,  and  rent 

Totals 


$157,500  00        $153,000  00 


44,632  68 


$717,392  68        $670,660  00 


$103,775  00 
10,250  00 


221,320  00 


23,000  00 


8,400  00 


$106,480  00 
10,980  00 


233,640  00 


23,000  00 


7,500  00 


$366,745  00        $381,600  00 


$86,420  00 


20,000  00 


$88,570  00 
20,000  00 


$106,420  00        $108,570  00 


Service  of  (he  Department  of  Education. 

1301-01     For  the  salary  of  the  commissioner  $9,000  00  $9,000  00 

1301-02     For  personal   services   of   officers, 

agents,  clerks,  stenographers  and 

other    assistants,    including    not 

more  than  forty-four  permanent 

positions,  but  not  including  those 

employed  in  university  extension 

work 117,770  00  119,320  00 

1301-03     For  traveling  expenses  of  members 

of   the   advisory   board   and   of 

agents  and  employees  when  re- 


Acts,  1941.  —  Chap.  419.  445 


Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

quired  to  travel  in  discharge  of 

their  duties      ....  $5,600  00  $5,600  00 

1301-04  For  services  other  than  personal, 
necessary  office  supplies,  and  for 
printing  the  annual  report  and 
bulletins  as  provided  by  law      .  10,310  00  10.310  00 

1301-05  For  expenses  incidental  to  furnish- 
ing school  committees  with  rules 
for  testing  the  sight  and  hearing 
of  pupils  ....  250  00  250  00 

1301-06  For  printing  school  registers  and 
other  school  blanks  for  cities  and 
towns 2,000  00  2.000  00 

1301-07     For  expenses  of  holding  teachers' 

institutes  ....  1,700  00  1,700  00 

1301-08  For  aid  to  certain  pupils  in  state 
teachers'  colleges,  under  the  di- 
rection of  the  department  of  edu- 
cation        4,000  00  4.000  00 

1301-09  For  assistance  to  children  of  cer- 
tain war  veterans,  for  the  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two  and  for  previous  years,  as 
authorized  by  chapter  two  hun- 
dred and  sixty-three  of  the  acts 
,       of  nineteen  hundred  and  thirty, 

as  amended      ....  16,000  00  17,000  00 

1301-10  For  the  maintenance  and  opera- 
tion of  the  state  building  on 
Newbury  Street,  Boston,  includ- 
ing not  more  than  four  perma- 
nent positions  ....  17,000  00  17,500  00 

1301-11     (This  item  omitted.) 

1301-12     (This  item  omitted.) 

1301-13     (This  item  omitted.) 


Totals  ....      $183,630  00        $186,680  00 

Specials: 
1301-25     For  sponsorship  of  certain  Works 

Projects  Administration  or  other 

federal  projects  .  .  .  $3,600  00  $3,600  00 

1301-27     (This  item  omitted.) 

Division  of  Vocational  Educa- 
tion: 

1301-30  For  aid  to  certain  persons  receiv- 
ing instruction  in  the  courses  for 
vocational  rehabilitation,  as  au- 
thorized by  section  twenty-two 
B  of  chapter  seventy-four  of  the 
General  Laws,  as  appearing  in 
the  Tercentenary  Edition  thereof  $2,500  00  $2,500  00 

1301-31  For  the  training  of  teachers  for  vo- 
cational schools,  to  comply  with 
the  requirement  of  federal  au- 
thorities under  the  provisions  of 
the  Smith-Hughes  act,  so  called, 
including  not  more  than  twenty 
permanent  positions  .  28,500  00  28,500  00 


446  Acts,  1941.  — Chap.  419. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

1301-32  For  the  expenses  of  promotion  of 
vocational  rehabilitation  in  co- 
operation with  the  federal  gov- 
ernment, including  not  more 
than  fifteen  permanent  positions       $38,000  00  $38,000  GO 


I 


Totals  ....        $69,000  00         $69,000  00 

Education  of  deaf  and  blind 
pupils: 
1301-41  For  the  education  of  deaf  and  blind 
pupUs  of  the  commonwealth,  as. 
provided  by  section  twenty-six 
of  chapter  sixty-nine  of  the  Gen- 
eral Laws,  as  amended      .  .      $423,000  00       $423,000  00 

Reimbursement  and  aid: 

1301-51  For  assisting  small  towns  in  pro- 
viding themselves  with  school 
superintendents,  as  provided  by 
law $100,500  00       $100,600  00 

1301-52  For  the  reimbursement  of  certain 
towns  for  the  payment  of  tuition 
of  pupils  attending  high  schools 
outside  the  towns  in  which  they 
reside,  as  provided  by  law  .  .        205.000  00  205,000  00 

1301-53  For  the  reimbursement  of  certain 
towns  for  the  transportation  of 
pupils  attending  high  schools 
outside  the  towns  in  which  they 
reside,  as  provided  by  law;  pro- 
vided, that  a  sum  not  exceeding 
one  thousand  dollars  is  to  be  ex- 
pended out  of  the  appropriation 
for  the  year  nineteen  hundred 
and  forty-one  for  expenses  inci- 
dental to  a  study  and  report  of 
the  obligations  of  the  common- 
wealth in  relation  hereto  .  .        225,000  00  224,000  00 

1301-54  For  the  reimbursement  of  certain 
cities  and  towns  for  a  part  of  the 
expenses  of  maintaining  agri- 
cultural and  industrial  voca- 
tional schools,  as  provided  by 
law 1,656,334  33       1,675.000  00 

1301-55  For  reimbursement  of  certain  cities 
and  towns  for  adult  English- 
speaking  classes        .  .  .  80.000  00  85.000  00 


Totals  ....  $2,266,834  33     $2,289,500  00 

University  Extension  Courses: 

1301-61  For  personal  services,  including 
not  more  than  forty-four  per- 
manent positions      .  .  .      $160,340  00        $161,200  00 

1301-62     For  other  expenses       .  .  .  29,500  00  29,500  00 


Totals  ....      $189,840  00        $190,700  00 

English-speaking     Classes      for 
Adults: 
1301-64     For  personal  services  of  adminis- 
tration, including  not  more  than 
four  permanent  positions  .         .        $11,550  00         $11,610  00 


1 


Acts,  1941.  —  Chap.  419. 


447 


Item 
1301-65 


1302-01 
1302-02 


1303-01 


1303-02 


1304-01 


1304-03 
1304-04 

1304-06 

1304-06 

1304-07 
1304-08 
1304-10 


For  other  expenses  of  administra- 
tion        ..... 

Totals  .... 

Division  of  Immigration  and 
Americanization: 

For  personal  services,  including 
not  more  than  nineteen  perma- 
nent positions 

For  other  expenses 

Totals  .... 

Division  of  Public  Libraries: 
For  personal  services  of  regular 
agents  and  oflBce  assistants,  in- 
cluding not  more  than  five  per- 
manent positions 
For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  office  sup- 
plies and  expenses  incidental  to 
the  aiding  of  public  libraries 

Totals  .... 

Division  of  the  Blind: 

For  general  administration,  fur- 
nishing information,  industrial 
and  educational  aid,  and  for 
carrying  out  certain  provisions 
of  the  laws  estabUshing  said 
division,  including  not  more  than 
twenty-two  permanent  positions 

For  the  maintenance  of  local  shops, 
including  not  more  than  nine 
permanent  positions 

For  maintenance  of  Woolson  House 
industries,  so  called,  to  be  ex- 
pended under  the  authority  of 
said  division,  including  not  more 
than  four  permanent  positions   . 

For  the  maintenance  of  certain  in- 
dustries for  men,  to  be  expended 
under  the  authority  of  said  divi- 
sion, including  not  more  than  six 
permanent  positions 

For  instruction  of  the  adult  blind  in 
their  homes,  including  not  more 
than  fourteen  permanent  posi- 
tions       ..... 

For  expenses  of  providing  sight- 
saving  classes,  with  the  approval 
of  said  division 

For  aiding  the  adult  blind,  subject 
to  the  conditions  provided  by 
law  ..... 

For  expenses  of  administering  and 
operating  the  services  of  piano 
tuning  and  mattress  renovating 
under  section  twenty-five  of 
chapter  sixty-nine  of  the  General 
Laws,   as  amended   by  chapter 


Appropriation 

Fiscal  Year 

1941. 


$2,000  00 
$13,550  00 


$36,860  00 
6,750  00 


Appropriation 

Fiscal  Year 

1942. 


$2,000  00 
$13,610  00 


$36,950  00 
6,800  00 


$43,610  00    $43,750  00 


$10,870  00 


10,000  00 
$20,870  00 


$54,000  00 
63,000  00 

60,000  00 

145,000  00 

19,500  00 

21,000  00 

165,000  00 


$11,140  00 


11,000  00 
$22,140  00 


$55,000  00 
63,000  00 

62,000  00 

147,000  00 

19,500  00 

21,000  00 

170,000  00 


448 


Acts,  1941.  —  Chap.  419. 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


1305-01 


1305-02 


1305-03 


1305-04 


1305-05 


1306-01 


1306-02 


1306-10 


three  hundred  and  ninety-seven 
of  the  acts  of  nineteen  hundred 
and  thirty-five 

Totals  .... 

Teachers'  Retirement  Board: 

For  personal  services  of  employees, 
including  not  more  than  nine 
permanent  positions 

For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  expenses,  office 
supplies  and  equipment,  and  rent 

For  payment  of  pensions  to  retired 
teachers  .... 

For  reimbursement  of  certain  cities 
and  towns  for  pensions  to  re- 
tired teachers  .... 

For  the  reimbursement  by  the  state 
treasurer  of  the  surplus  interest 
account  of  the  teachers'  retire- 
ment fund  in  each  of  the  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two,  the  sum  of  forty-five  thou- 
sand dollars  on  account  of  defi- 
cits in  the  annuity  fund  paid 
from  surplus  interest  during 
the  years  nineteen  hundred  and 
thirty-nine  and  nineteen  hun- 
dred and  forty,  and  the  teachers' 
retirement  board  is  hereby  au- 
thorized and  directed  to  trans- 
fer from  any  surplus  interest  ac- 
count to  the  annuity  reserve 
fund  an  amount  necessary  to 
meet  any  deficiencies  in  the  an- 
nuity reserve  fund  during  the 
years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two,  notwithstanding 
the  provisions  of  paragraph  two 
of  section  nine  of  chapter  thirty- 
two  of  the  General  Laws,  as 
amended  .... 

Totals  .  .  .  .  i 

Massachusetts  Nautical  School: 
For  personal  services  of  the  secre- 
tary   and    office    assistants,    in- 
cluding not  more  than  two  per- 
manent positions 
For    services    other    than    regular 
clerical  services,  including  print- 
ing the  annual  report,  rent,  office 
supplies  and  equipment 
For  the  maintenance  of  the  school 
and    ship,    including    not    more 
than  thirty-one  permanent  posi- 
tions       ..... 

Totals     .... 


$20,000  00    $20,000  00 


$547,500  00   $557,500  00 


$15,030  00 


5,000  00 
1,530,000  00 


347,694  71 


$15,600  00 

5,000  00 
1,610,000  00 

365,000  00 


45.000  00 


45,000  00 


1,942,724  71  $2,040,600  00 


$4,005  00 


2,100  00 


83,500  00 


$4,605  00 


2,100  00 


84.000  00 


$89,665  00    $90,705  00 


Acts,  1941.  — Chap.  419. 


449 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


1307- 

00 

1307- 

-21 

1308- 

-00 

1308- 

-21 

1308- 

-31 

1308- 

-32 

1309- 

-00 

1309- 

-21 

1310 

-00 

1310- 

-21 

1310 

-33 

1311- 

-00 

1312 

-00 

1312 

-21 

1313 

-00 

1313 

-31 

1313 

-32 

1313 

-33 

1313-34 


For  the  maintenance  of  and  for 
certain  improvements  at  the 
state  teachers'  colleges,  and 
the  boarding  halls  attached 
thereto,  with  the  approval  of 
the  commissioner  of  educa- 
tion, as  follows: 

State  teachers'  college  at  Bridge- 
water,  including  not  more  than 
sixty  permanent  positions 

State  teachers'  college  at  Bridge- 
water,  boarding  hall,  including 
not  more  than  thirty  permanent 
positions  .... 

State  teachers'  college  at  Fitch- 
burg,  including  not  more  than 
fifty-eight  permanent  positions  . 

State  teachers'  college  at  Fitch- 
burg,  boarding  hall,  including 
not  more  than  nine  permanent 
positions  .... 

For  certain  improvements  to  the 
athletic  field  at  the  state  teach- 
ers' college  at  Fitchburg   . 

For  renovation  of  electric  wiring 
in  Palmer  Hall  at  the  state 
teachers'    college    at    Fitchburg 

State  teachers'  college  at  Framing- 
ham,  including  not  more  than 
sixty-one  permanent  positions   . 

State  teachers'  college  at  Framing- 
ham,  boarding  hall,  including  not 
more  than  twenty-five  perma- 
nent positions 

State  teachers'  college  at  Hyannis, 
including  not  more  than  twenty- 
nine  permanent  positions  . 

State  teachers'  college  at  Hyannis 
boarding  hall,  including  not  more 
than  five  permanent  positions 

For  certain  electrical  work  in  dor- 
mitories at  the  state  teachers 
college  at  Hyannis   . 

State  teachers'  college  at  Lowell 
including  not  more  than  forty 
permanent  positions 

State  teachers'  college  at  North 
Adams,  including  not  more  than 
twenty-nine  permanent  positions 

State  teachers'  college  at  North 
Adams,  boarding  hall,  including 
not  more  than  six  permanent  po- 
sitions    .  .  .  .  . 

State  teachers'  college  at  Salem, 
including  not  more  than  fifty -one 
permanent  positions 

(This  item  omitted.) 

(This  item  omitted.) 

For  the  cost  of  replacing  toilets  in 
the  Horace  Mann  training  school 
at  the  state  teachers'  college  at 
Salem      .  .  .  .  . 

(This  item  omitted.) 


$155,420  00        $154,230  GO 


54,000  00 
180,275  00 

33,000  00 
1,500  00 

155,670  00 

47,500  00 
72,110  00 
23,000  00 
2,500  00 
78,289  00 
65,490  00 

10,000  00 
121,300  00 


54,000  00 
179,655  00 

33,500  GO 

2,500  00 
156,500  00 

48,000  GO 
72,310  00 

23,000  00 

78,139  00 
65,820  00 

10,000  00 
124,670  00 

2.500  GO 


450 


Acts,  1941.  —  Chap.  419 


"Item 
1314-00 

1314-21 

1315-00 

1315-31 

1315-32 

1321-00 


State  teachers'  college  at  Westfield, 
including  not  more  than  thirty- 
five  permanent  positions   . 

State  teachers'  college  at  Westfield, 
boarding  hall,  including  not  more 
than  one  permanent  position 

State  teachers'  college  at  Worces- 
ter, including  not  more  than 
forty-four  permanent  positions  . 

For  the  cost  of  exterior  painting  at 
the  state  teachers'  college  at 
Worcester         .... 

For  the  cost  of  painting  and  re- 
finishing  the  interior  of  certain 
biiildings  at  the  state  teachers' 
college  at  Worcester 

Massachusetts  School  of  Art,  in- 
cluding not  more  than  thirty-six 
permanent  positions 

Totals 


1331-31 


1331-32 
1332-00 


1332-31 


1333-00 


Appropriation 

Fiscal  Year 

1941. 


$55,000  00 

1,200  00 

94,825  00 

600  00 

1,400  00 
105,750  00 


Appropriation 

Fiscal  Year 

1942. 


895,590  00 


106,050  00 


$1,258,829  00    $1,206,464  00 


Textile  Schools: 
1331-00  For  the  maintenance  of  the  Brad- 
ford Durfee  textile  school  of  Fall 
River,  with  the  approval  of  the 
commissioner  of  education  and 
the  trustees,  including  not  more 
than  twenty-three  permanent 
positions,  and  including  the  sum 
of  ten  thousand  dollars  which  is 
to  be  assessed  upon  the  city  of 
Fall  River  as  a  part  of  the  state 
tax  for  each  of  the  years  nineteen 
hundred  and  forty-one  and  nine- 
teen hundred  and  forty-two 

For  the  purchase  and  installation 
of  equipment  at  the  Bradford 
Durfee  textile  school  of  Fall 
River,  with  the  approval  of  the 
commissioner  of  education  and 
the  trustees      .... 

(This  item  omitted.) 

For  the  maintenance  of  the  Lowell 
textile  institute,  with  the  ap- 
proval of  the  commissioner  of 
education  and  the  trustees,  in- 
cluding not  more  than  sixty-one 
permanent  positions,  and  includ- 
ing the  sum  of  ten  thousand  dol- 
lars which  is  to  be  assessed  upon 
the  city  of  Lowell  as  a  part  of  the 
state  tax  for  each  of  the  years 
nineteen  hundred  and  fortj'-one 
and  nineteen  hundred  and  forty- 
two  ..... 

For  the  purchase  and  installation 
of  equipment  at  the  Lowell  tex- 
tile institute,  with  the  approval 
of  the  commissioner  of  education 
and  the  trustees 

For  the  maintenance  of  the  New 
Bedford  textile  school,  with  the 
approval  of  the  commissioner  of 


$65,050  00  $67,105  00 


10,000  00 


10,000  00 


188,050  00 


10,000  00 


192,310  00 


10,000  00 


Acts,  1941.  —  Chap.  419.  451 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

education  and  the  trustees,  in- 
cluding not  more  than  twenty- 
four  permanent  positions,  and 
including  the  sum  of  ten  thou- 
sand dollars  which  is  to  be  as- 
sessed upon  the  city  of  New 
Bedford  as  a  part  of  the  state 
tax  for  each  of  the  years  nineteen 
hundred  and  forty-one  and  nine- 
teen hundred  and  forty-two  $69,995  00  $70,390  00 
1333-34  For  the  purchase  and  installation  of 
equipment  at  the  New  Bedford 
textile  school,  with  the  approval 
of  the  commissioner  of  education 
and  the  trustees       .          .          .          20,000  00 


Totals  ....      $363,095  00       $349,805  00 

Massachusetts  State  College: 

1341-00  For  maintenance  and  current  ex- 
penses of  the  Massachusetts  state 
college,  with  the  approval  of  the 
trustees,  including  not  more  than 
four  hundred  and  eighty-one 
permanent  positions  .  .  $1,148,030  00    $1,160,460  00 

1341-77  For  personal  services  for  the  main- 
tenance of  the  boarding  hall,  in- 
cluding not  more  than  thirty -five 
permanent  positions  .  .  39,300  00  40,000  00 

1341-78  For  other  expenses  of  the  main- 
tenance of  the  boarding  hall       .  78,170  00  84,500  00 

1341-81  For  an  emergency  fund  to  meet  the 
needs  of  harvesting  big  crops  of 
the  control  service  or  other  un- 
foreseen conditions,  which  clearly 
indicate  that  additional  reve- 
nue will  be  produced  to  equal 
the  expenditure;  provided,  that 
these  sums  shall  be  available 
only  after  approval  of  particular 
projects  covered  by  this  item  has 
been  obtained  from  the  governor 
and  council      ....  2,000  00  2,000  00 

1341-82     For  aid  to  certain  students,  with 

the  approval  of  the  trustees      .  5,000  00  5,000  00 

1341-83  For  the  cost  of  field  and  laboratory 
work  in  connection  with  the 
Dutch  elm  disease  and  other 
shade  tree  diseases  and  insects   .  5,000  00  5.000  00 

1341-91  For  repointing  and  repairing  the 
exterior  walls  of  South  College 
administration  building     .  .  3,600  00  - 

1341-92  For  the  annual  cost  of  lease  of  dor- 
mitories, as  authorized  by  chap- 
ter three  hundred  and  eighty- 
eight  of  the  acts  of  nineteen 
hundred  and  thirty-nine  .  .  30,000  00  30,000  00 

1341-93  For  payment  of  annual  charges  for 
sewage  service  by  the  town  of 
Amherst  ....  2,000  00  2,000  00 

1341-94     For  the  construction  of  a  poultry 

house  and  laboratory         .  .  3,000  00  - 


Totals  ....  $1,316,100  00j^$l,328,960  00 


452 


Acts,  1941.  —  Chap.  419. 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


Service  of  the  Department  of  Civil  Service  and  Registration. 

Administration : 
1401-01     For  service  of  telephone  tolls         .  $220  00 


1402-01 


1402-02 


1402-03 


1403-01 
1403-02 


1403-03 


1404-01 


1404-03 


1405-01 


1405-02 
1405-03 


Division  of  Civil  Service: 
For  the  salary  of  the  director  and 
for  the  compensation  of  mem- 
bers of  the  commission 
For  other  personal  serv-ices  of  the 
division,  including  not  more  than 
ninety-nine  permanent  positions 
For  other  services  and  for  printing 
the  annual  report,  and  for  office 
supplies  and  equipment  neces- 
sary for  the  administration  of 
the  civil  service  law 

Totals  .... 

Division  of  Registration: 
For  the  salary  of  the  director 
For  clerical  and  certain  other  per- 
sonal services  of  the  division,  in- 
cluding not  more  than   thirty- 
two  permanent  positions  . 
For  services  of  the  division  other 
than  personal,  printing  the  an- 
nual reports,  office  supplies  and 
equipment,  except  as  otherwise 
provided  .... 

Totals  .... 

Board  of  Registration  in  Medi- 
cine: 

For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  seven  permanent  posi- 
tions       ..... 

For  traveling  expenses 

Totals  .... 

Board  of  Dental  Examiners: 
For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  five  permanent  posi- 
tions       ..... 
For  traveling  expenses 
For    travel    and    other    expenses 
necessary  in   providing  for  the 
enforcement  of  law  relative  to 
the  registration  of  dentists 


Totals 


Chi- 


1406-01 


1406-02 


$12,500  00  $12,500  00 


165,959  00 


36,500  00 


171,141  34 


33,000  00 


$214,959  00        $216,641  34 


Board  of  Registration 
ropody : 

For  personal  services  of  members 
of  the  board,  including  not  more 
than  five  permanent  positions    . 

For  traveling  expenses 


$2,400  00 


59,000  00 


15,000  00 
$76,400  00 


$6,300  00 
500  00 

$6,800  00 


$3,800  00 
750  00 


500  00 


$5,050  00 


$900  00 
275  00 


$2,400  00 


61,200  00 


15,000  00 
$78,600  00 


$6,300  00 
500  00 

$6,800  00 


$3,800  00 
750  00 


500  00 


$5,050  00 


$900  00 
276  00 


Totals 


$1,176  00 


$1,176  00 


Acts,  1941.  —  Chap.  419. 


453 


Item 


1407-01 


1407-02 


1407-03 


1408-01 


1408-02 


1409-01 


1409-02 
1409-03 


1410-01 
1410-02 


1411-01 
1411-02 


1414-01 
1414-02 


Board  of  Registration  in  Phar- 
macy: 

For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  five  permanent  po- 
sitions    ..... 

For  personal  services  of  agent  and 
investigators,  including  not  more 
than  one  permanent  position 

For  traveling  expenses 

Totals  .... 

Board  of  Registration  of  Nurses: 
For  personal  services  of  the  mem- 
bers of  the  board,  including  not 
more  than  five  permanent  posi- 
tions ..... 
For  traveling  expenses 

Totals  .... 

Board  of  Registration  in  Em- 
balming and  Funeral  Direct- 
ing: 

For  personal  services  of  members 
of  the  board,  including  not  more 
than  three  permanent  positions  . 

For  travehng  expenses 

For  the  dissemination  of  useful 
knowledge  among  and  for  the 
benefit  of  licensed  embalmers    . 

Totals  .... 

Board  of  Registration  in  Op- 
tometry: 

For  personal  services  of  members 
of  the  board,  including  not  more 
than  five  permanent  positions    . 

For  traveling  expenses 

Totals  .... 

Board  of  Registration  in  Veter- 
inary Medicine: 

For  personal  services  of  members 
of  the  board,  including  not  more 
than  five  permanent  positions    . 

For  other  services,  printing  the  an- 
nual report,  traveling  expenses, 
ofl5ce  supplies  and  equipment    . 

Totals  .... 

Board  of  Registration  of  Public 
Accountants: 

For  personal  services  of  members 
of  the  board,  including  not  more 
than  five  permanent  positions    . 

For  expenses  of  examinations,  in- 
cluding the  preparation  and 
marking  of  papers,  and  for  other 
expenses  .... 


Appropriation 

Fiscal  Year 

1941. 


$4,300  00 


8,040  00 
4,000  00 

$16,340  00 


$2,100  00 
500  00 

$2,600  00 


$1,500  00 
2,000  00 


100  00 
$3,600  00 


$1,900  00 
500  00 

$2,400  00 


$600  00 

275  00 

$875  00 

$675  00 
2,000  00 


Appropriation 

Fiscal  Year 

1642. 


$4,300  00 


8,040  00 
4,000  00 

$16,340  00 


$2,100  00 
500  00 

$2,600  00 


$1,500  00 
2,000  00 


100  00 
$3,600  00 


$1,900  00 
500  00 

$2,400  00 


$600  00 

275  00 

$875  00 

$675  00 
2,000  00 


Totals 


$2,676  00 


$2,675  00 


454 


Acts,  1941.  —  Chap.  419. 


Item 

State  Examiners  of  Electricians: 

1416-01  For  personal  services  of  members 
of  the  board,  including  not  more 
than  two  permanent  positions  . 

1416-02     For  traveling  expenses 

Totals  .... 

State  Examiners  of  Plumbers: 
1417-01     For  personal  services  of  members 
of  the  board,  including  not  more 
than  three  permanent  positions  . 
1417-02     For  traveling  expenses 

Totals  .... 

Board  of  Registration  of  Barbers: 
1420-01  For  personal  services  of  members 
of  the  board  and  assistants,  in- 
cludiag  not  more  than  eight  per- 
manent positions 
1420-02  For  travel  and  other  necessary  ex- 
penses, including  rent 

Totals  .... 

Board  of  Registration  of  Hair- 
dressers: 

1421-01  For  personal  services  of  members 
of  the  board  and  assistants,  in- 
cluding not  more  than  eighteen 
permanent  positions 

1421-02  For  travel  and  other  necessary  ex- 
penses, including  rent 

Totals  .... 


Appropriation 

FiBcal  Year 

1941. 


$1,000  00 
3,950  00 

$4,950  00 


$1,100  00 
1,250  00 

$2,350  00 


$16,670  00 

5,000  00 

$21,670  00 


Appropriation 

Fiscal  Year 

1942. 


$1,000  00 
3,950  00 

$4,950  00 


$1,100  00 
1,250  00 

$2,350  00 


$16,700  00 

5,000  00 

$21,700  00 


$31,500  00  $32,185  00 

10,500  00  10,500  00 

$42,000  00  $42,685  00 


Service  of  the  Department  of  Industrial  Accidents. 


1501-01  For  personal  services  of  members 
of  the  board,  including  not  more 
than  seven- permanent  positions 

1501-02  For  personal  services  of  secretaries, 
inspectors,  clerks  and  office  as- 
sistants, including  not  more  than 
eighty-seven  permanent  posi- 
tions       ..... 

1501-03     For  traveling  expenses 

1501-04  For  other  services,  printing  the 
annual  report,  necessary  office 
supplies  and  equipment     . 

1501-05  For  expenses  of  impartial  examina- 
tions, and  for  expenses  of  indus- 
trial disease  referees,  as  author- 
ized by  section  nine  B  of  chapter 
one  hundred  and  fifty-two  of  the 
General  Laws,  inserted  by  chap- 
ter four  hundred  and  twenty- 
four  of  the  acts  of  nineteen  hun- 
dred and  thirty-five,  and  as 
amended  .... 

1501-06  (This  item  combined  with  item 
1501-06.) 

Totals     .    .    .    . 


$42,500  00    $42,500  00 


147,075  00 
6,000  00 


14,000  00 


25,000  00 


149,280  00 
6,000  00 


14,000  00 


25,000  00 


$234,575  00   $236,780  00 


Acts,  1941.  —  Chap.  419.  455 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Department  of  Labor  a7id  Industries. 

1601-01  For  the  salaries  of  the  commis- 
sioner, assistant  and  associate 
commissioners,  including  not 
more  than  five  permanent  po- 
sitions      $23,500  00  $23,500_00 

1601-02  For  clerical  and  other  assistance  to 
the  commissioner,  including  not 
more  than  four  permanent  po- 
sitions      8,310  00  8,790  00 

1601-11  For  personal  services  for  the  in- 
spectional  services,  including  not 
more  than  sixty-six  permanent 
positions,  and  for  traveling  ex- 
penses of  the  commissioner,  as- 
sistant commissioner,  associate 
commissioners  and  inspectors  of 
labor,  and  for  services  other  than 
personal,  printing  the  annual 
report,  rent  of  district  offices, 
and  office  supplies  and  equip- 
ment for  the  inspectional  service        165,000  00  167,000  00 

1601-21  For  expenses  of  the  temporary  com- 
mission on  apprentice  training  1,000  00  — 

1601-31  For  personal  services  for  the  divi- 
sion of  occupational  hygiene,  in- 
cluding not  more  than  five  per- 
manent positions      .  .  .  13,260  00  13,790  00 

1601-32  For  services  other  than  personal, 
traveling  expenses,  office  and 
laboratory  supplies  and  equip- 
ment, and  rent,  for  the  division 
of  occupational  hygiene     .  .  5,000  00  5,000  00 

1601-41  For  personal  services  for  the  statis- 
tical service,  including  not  more 
than  thirty-five  permanent  po- 
sitions, and  for  services  other 
than  personal,  printing  report 
and  pubUcations,  traveling  ex- 
penses and  office  supplies  and 
equipment  for  the  -  statistical 
service 73,500  00  74,000  00 

1601-51  For  personal  services  for  the  di- 
vision on  necessaries  of  life,  in- 
cluding not  more  than  five  per- 
manent positions      .  .  .  10,200  00  10,530  00 

1601-52  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment  for  the  divi- 
sion on  necessaries  of  life  .  .  1,100  00  1,100  00 

1601-53  For  personal  services  in  adminis- 
tering the  law  relative  to  the  ad- 
vertising and  sale  of  motor  fuel 
at  retail,  including  not  more  than 
twelve  permanent  positions,  as 
authorized  by  chapter  four  hun- 
dred and  fifty-nine  of  the  acts  of 
nineteen  hundred  and  thirty- 
nine         19,320  00  21,540  00 

1601-54  For  other  expenses  in  administer- 
ing the  law  relative  to  the  adver- 
tising and  sale  of  motor  fuel  at 
retail,    as    authorized    by    said 


456  Acts,  1941.  —  Chap.  419. 


Appropriation        Appropriation 
Fiscal  Year  FiBcal  Year 

Item  1941.  1942. 

chapter  four  hundred  and  fifty- 
nine         $7,000  00  $9,200  00 

1601-61  For  clerical  and  other  assistance  for 
the  board  of  conciliation  and  ar- 
bitration, including  not  more 
than  seven  permanent  positions  23,140  00  23,770  00 

1601-62  For  other  services,  printing,  travel- 
ing expenses  and  office  supplies 
and  equipment  for  the  board  of 
conciliation  and  arbitration        .  3,500  00  3,500  00 

1601-71  For  personal  services  of  investiga- 
tors, clerks  and  stenographers 
for  the  minimum  wage  service, 
including  not  more  than  eighteen 
f)ermanent  positions  .  .  27,270  00  30,900  00 

1601-72  For  services  other  than  personal, 
printing,  traveUng  expenses  and 
office  supplies  and  equipment  for 
minimum  wage  ser\'ice      .  .  2,750  00  2,760  00 

1601-73     For  compensation  and  expenses  of 

wage  boards     ....  1,750  00  1,750  00 

1601-81  For  personal  services  for  the  divi- 
sion of  standards,  including  not 
more  than  sixteen  permanent 
positions  ....  33,890  00  34,445  GO 

1601-82  For  other  services,  printing,  travel- 
ing expenses  and  office  supplies 
and  equipment  for  the  division 
of  standards    ....  10,000  00  10,000  00 

Totals  ....      $429,490  00       $441,565  00 

Massachusetts  Development  and 
Industrial  Commission: 

1603-01  For  personal  services  of  employees, 
including  not  more  than  five 
permanent  positions  .  $13,900  00  $15,560  00 

1603-02  For  administrative  expenses,  in- 
cluding office  rent  and  other  in- 
cidental expenses,  and  for  the 
promotion  and  development  of 
the  industrial,  agricultural  and 
recreational  resources  of  the 
commonwealth,  and  a  sum  not 
exceeding  fifteen  hundred  dollars 
is  hereby  authorized  to  be  ex- 
pended out  of  the  appropriation 
for  1941,  and  a  sum  not  exceed- 
ing fifteen  hundred  dollars  is 
hereby  authorized  to  be  ex- 
pended out  of  the  appropriation 
for  1942,  for  expenses  in  connec- 
tion with  a  certain  tuna  fishing 
tournament      ....  60,000  00  60,000  00 


Totals  ....        $73,900  00         $75,560  00 

Labor  Relations  Commission: 

1604-01  For  personal  services  of  the  com- 
missioners and  employees,  in- 
cluding not  more  than  twenty 
permanent  positions  .  .        $57,725  00  $58,890  GO 

1604-02  For  administrative  expenses,  in- 
cluding office  rent     .  .  .  8,400  00  8,400  GO 

Totals  ....       $66,126  00         $67,290  00 


Acts,  1941.  —  Chap.  419.  457 

t  Appropriation        Appropriation 

Fiscal  Year  FiscaJ  Year 

Item  1941.  1942. 

Division  of  Unemployment 
Compensation : 

1607-01  For  clerical  and  other  personal 
services  for  the  operation  of  free 
employment  oflSces,  including 
not  more  than  fifty-two  perma- 
nent positions,  and  for  rent,  nec- 
essary ofiice  supplies  and  equip- 
ment        $100,718  13         $97,610  00 

1607-02  (This  item  combined  with  item 
1607-01.) 

Service  of  the  Department  of  Mental  Health. 

1701-01     For  the  salary  of  the  commissioner        $10,000  00  $10,000  00 

1701-02  For  personal  services  of  officers  and 
employees,  including  not  more 
than  eighty  permanent  positions        172,000  00  176,500  00 

1701-03  For  transportation  and  medical 
examination  of  state  charges 
under  its  charge  for  the  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two  and  for  previous  years         .  5,500  00  5,500  00 

1701-04  For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  office  supplies  and 
equipment,  and  rent  .  .  40,500  00  40,500  00 

1701-11  For  the  support  of  state  charges  in 
the  Hospital  Cottages  for  Chil- 
dren         26,000  00  26,000  00 


Totals  ....      $254,000  00        $258,500  00 

Division  of  Mental  Hygiene: 
1702-00  For  expenses,  including  not  more 
than  fifty-eight  permanent  posi- 
tions, of  investigating  the  na- 
ture, causes  and  results  of  men- 
tal diseases  and  defects  and  the 
publication  of  the  results  thereof, 
and  of  what  further  preventive 
or  other  measures  might  be  taken 
and  what  further  expenditures 
for  investigation  might  be  made 
which  would  give  promise  of 
decreasing  the  number  of  persons 
afflicted  with  mental  diseases  or 
defects $112,000  00       $114,000  00 

Special: 
1702-21     For  the  cost  of  boarding  certain 
feeble-minded  persons  in  private 
homes $5,500  00  $5,600  00 

For  the  maintenance  of  and  for 

certain  improvements  at  the 

following    institutions    under 

the  control  of  the  Department 

of  Mental  Health: 
1710-00     Boston  psychopathic  hospital,  in- 
cluding not  more  than  one  hun- 
dred   and    fifty-six    permanent 
positions  ....     $253,734  00       $252,786  00 


458 


Acts,  1941.  — Chap.  419. 


Item 

1710-21  For  the  purchase  and  installa- 
tion of  certain  x-ray  and  operat- 
ing room  equipment  at  the  Bos- 
ton psychopathic  hospital 

1710-22  For  the  purchase  and  installation 
of  certain  kitchen  equipment  at 
the  Boston  psychopathic  hos- 
pital       .  .  .        ' . 

1711-00  Boston  state  hospital,  including 
not  more  than  seven  hundred 
and  thirty-two  permanent  posi- 
tions       .  ,  .  .  , 

1711-25  For  renewing  and  renovating  cer- 
tain plumbing  and  sanitary  ar- 
rangements in  buildings  West 
A.  B,  H,  I,  J  and  East  N,  O  at 
the  Boston  state  hospital  . 

1711-26     (This  item  omitted.) 

1712-00  Danvers  state  hospital,  including 
not  more  than  five  hundred  and 
fifty-six  permanent  positions 

1712-21     (This  item  omitted.) 

1712-22  For  the  purchase  and  installation 
of  certain  x-ray  equipment  at 
the  Danvers  state  hospital 

1712-23     (This  item  omitted.) 

1712-24  For  fireproofing  certain  corridors 
at  Middleton  Colony  of  the 
Danvers  state  hospital 

1712-25  For  certain  fireproofing  in  the  Gray 
Gables  employees'  house,  so- 
called,  at  the  Danvers  state 
hospital  ..... 

1712-26  For  fireproofing  the  main  stair- 
way of  the  front  center  building 
at  the  Danvers  state  hospital     . 

1713-00  Foxborough  state  hospital,  includ- 
ing not  more  than  three  hundred 
and  thirty-six  permanent  posi- 
tions       ..... 

1713-21  For  construction  and  reconstruc- 
tion, including  fire  protection, 
of  the  "C"  building  at  the  Fox- 
borough  state  hospital 

1713-22  For  the  purchase  of  a  new  flat 
work  ironer  and  the  repair  of 
the  present  ironer  at  the  Fox- 
borough  state  hospital 

1713-23  For  improvements  to  the  sewage 
system  at  the  Foxborough  state 
hospital  ..... 

1713-26     (This  item  omitted.) 

1714-00  Gardner  state  hospital,  including 
not  more  than  three  hundred 
and  thirty-seven  permanent  po- 
sitions    ..... 

1714-21  For  improvements  to  the  sewage 
system  of  the  main  group,  so- 
called,  at  the  Gardner  state  hos- 
pital       ..... 

1714-22  For  improvements  and  additions 
to  the  water  supply  system  at 
the  Gardner  state  hospital 


Appropriation 

Fiscal  Year 

1941. 


$6,750  00 


2,000  00 


Appropriation 

Fiscal  Year 

1943. 


1,119,529  00     $1,134,969  00 

10,000  00  10,000  00 

979,426  00  993,567  00 

5,000  00 

6,580  00 

5,185  00 
5.000  00 

609,060  00         613,619  00 

56,000  00 

8.000  00 
1,500  00 

625,473  00  638,087  00 

21,000  00 

35.000  00 


I 


Acts,  1941.  —  Chap.  419. 


459 


Item 
1715-00 


1715-26 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


1715-27 
1715-28 


1715-29 
1715-30 


1715-31 
1716-00 


1716-22 
171fr-23 

1716-24 

1716-25 
1716-27 


1716-28 
1717-00 


1718-00 

1718-25 
1719-00 

1719-26 

1719-27 
1719-28 


Grafton  state  hospital,  including 
not  more  than  four  hundred 
and  sixty-four  permanent  posi- 
tions       ..... 

For  the  acquisition  of  certain  land 
for  the  Grafton  state  hospital, 
authority  being  hereby  given  to 
the  department  of  mental  health 
to  take  such  land  by  eminent 
domain  under  chapter  seventy- 
nine  of  the  General  Laws,  or  to 
acquire  the  same  by  purchase  or 
otherwise  .... 

For  certain  improvements  to  drain- 
age of  the  sewer  beds  at  the 
Grafton  state  hospital 

For  certain  additions  to  the  pres- 
ent sewer  lines  at  the  Grafton 
state  hospital  .... 

(This  item  omitted.) 

For  certain  improvements  to  the 
fire  alarm  system  at  the  Grafton 
state  hospital  .... 

(This  item  omitted.) 

Medfield  state  hospital,  including 
not  more  than  four  hundred  and 
eighty  permanent  positions 

For  the  purchase  of  beds  for  the 
Medfield  state  hospital 

For  the  renovation  of  toilets  and 
baths  at  the  Medfield  state  hos- 
pital       ..... 

For  renovation  and  replacement  of 
plumbing  and  equipment  in 
the  dishwashing  room  at  the 
Medfield  state  hospital 

For  certain  changes  in  the  sewer 
mains  and  surface  drains  at  the 
Medfield  state  hospital 

For  the  installation  of  an  elevator 
at  the  infirmary  building  at  the 
Medfield  state  hospital 

(This  item  omitted.) 

Metropolitan  state  hospital,  in- 
cluding not  more  than  four  hun- 
dred and  sixteen  permanent 
positions  .... 

Northampton  state  hospital,  in- 
cluding not  more  than  four  hun- 
dred and  eighty-one  permanent 
positions  .... 

For  fireproofing  lower  Third  Hall 
North,  so-called,  at  the  North- 
ampton state  hospital 

Taunton  state  hospital,  including 
not  more  than  four  hundred  and 
seventy-two  permanent  posi- 
tions      ..... 

For  certain  rewiring  at  the  Taun- 
ton state  hospital 

(This  item  omitted.) 

For  the  construction  of  a  dairy 
barn,  including  equipment,  and 


$758,781  00        $769,460  00 


1,000  00 

5,000  00 

10,000  00 

2,000  00 

773,123  00 
1,000  00 

10,000  00 

10,000  00 

2.350  00 

15,000  00 


785,901  00  791,122  00 


781,108  00 
1,000  00 

10,000  00 


812,945  00 
16,000  GO 

734,161  00 
9,600  00 


815,579  00 


744,611  00 


460 


Acts,  1941.  —  Chap.  419. 


Item 

for  certain  alterations  to  the 
present  barns  at  the  Taunton 
state  hospital  .... 

1720-00  Westborough  state  hospital,  in- 
cluding not  more  than  four  hun- 
dred and  twenty-five  permanent 
positions  .... 

1720-21  For  the  purchase  and  installation 
of  a  new  boiler  and  certain  re- 
pairs to  the  heating  system  at 
the  Richmond  Colony  at  the 
Westborough  state  hospital 

1720-22  For  the  purchase  and  installation 
of  certain  x-ray  equipment  at 
the  Westborough  state  hospi- 
tal   

1720-23  For  alterations  and  additions  to 
the  male  wards  and  female  help 
section,  so-called,  including  the 
purchase  of  certain  furnishings, 
at  the  Westborough  state  hospi- 
tal   

1721-00  Worcester  state  hospital,  including 
not  more  than  six  hundred  and 
thirty-four  permanent  positions 

1721-22  For  the  purchase  and  installation 
of  certain  laundry  machinery  at 
the  Worcester  state  hospital 

1721-23  For  the  purchase  and  installation 
of  certain  kitchen  equipment  at 
the  Worcester  state  hospital 

1721-25  For  fireproofing  the  Washburn 
wards  at  the  Worcester  state 
hospital  ..... 

1722-00  Monson  state  hospital,  including 
not  more  than  four  hundred  and 
fifteen  permanent  positions 

1722-22  For  certain  renovations  and  im- 
provements to  the  toilets  and 
sewage  disposal  system  at  Farm 
Group  No.  6,  so-called,  of  the 
Monson  state  hospital 

8309-02     (See  item  1722-26.) 

1722-23  For  additional  fire  protection  at 
the  Monson  state  hospital 

1722-24  For  renovation  of  plumbing  at  the 
Clough  building  at  the  Monson 
state  hospital  .... 

1722-25  For  renovation  of  plumbing  at  the 
women's  ward  building  at  the 
Monson  state  hospital 

1722-26  For  certain  improvements  and  ad- 
ditions to  the  water  supply  sys- 
tem at  the  Monson  state  hospital 

8309-03     (This  item  omitted.) 

1723-00  Belchertown  state  school,  including 
not  more  than  three  hundred 
and  two  permanent  positions 

1724-00  Walter  E.  Fernald  state  school,  in- 
cluding not  more  than  four  hun- 
dred and  sixty-seven  permanent 
positions  .... 


Appropriation 

Fiscal  Year 

1041. 


$25,000  00 


Appropriation 

Fiscal  Year 

1942. 


716,175  00        $716,649  00 


8,000  00 


6,500  00 


1,081,359  00 

35,000  00 

6,435  00 

32,000  00 

723,142  00 

22.000  00 

17,500  00 

5,000  00 

5,000  00 


70,000  00 
1,094,149  00 


731,091  00 


40.000  00 


562,280  00         560,777  00 


793,167  00 


792,279  00 


Acts,  1941.  —  Chap.  419. 


461 


Item 
1724-22 


1724-23 


8309-04 
1725-00 


1725-23 
1725-24 
1725-25 


8309-05 
8309-06 


Appropriation 

Fiscal  Year 

1941. 


For  the  purchase  and  installation  of 
certain  bakery  equipment  and 
ovens  at  the  Walter  E.  Fernald 
state  school      .... 

For  the  purchase  and  installation 
of  certain  x-ray  equipment  at  the 
Walter  E.  Fernald  state  school  . 

(See  item  1725-25.) 

Wrentham  state  school,  including 
not  more  than  four  hundred  and 
eight  permanent  positions 

(This  item  omitted.) 

(This  item  omitted.) 

For  improvements  in  the  power 
plant  at  the  Wrentham  state 
school,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 

(This  item  omitted.) 

(Postponed  pending  further  legis- 
lation.) 


$5,000  00 


703,084  00 


Appropriation 

Fiscal  Year 

1942. 


$40,000  00 


696,302  00 


200,000  00 


Totals 


$12,405,640  00  $12,532,154  00 


Service  of  the  Department  of  Correction. 


1801-01     For  the  salary  of  the  commissioner 

1801-02  For  personal  services  of  deputies, 
members  of  the  parole  board 
and  advisory  board  of  pardons, 
agents,  clerks  and  stenographers, 
including  not  more  than  fifty- 
nine  permanent  positions  . 

1801-03  For  services  other  than  personal, 
including  printing  the  annual 
report,  necessary  office  supplies 
and  equipment 

1801-04  For  traveling  expenses  of  officers 
and  employees  of  the  depart- 
ment, when  required  to  travel  in 
the  discharge  of  their  duties 

1801-05  For  the  removal  of  prisoners,  to 
and  from  state  institutions 

1801-06  For  assistance  to  discharged  prison' 
ers  .... 

1801-07  For  the  expense  of  the  service  of 
the  central  index 

Totals 


$6,000  00 


134,660  00 


8,200  00 


13, 


000  00 
750  00 
600  00 
000  00 


$6,000  00 


135,770  00 


8,200  00 

12,500  00 
7,000  00 
600  00 
1,000  00 
$170,210  00        $171,070  00 


Division  of  Classification  of 
Prisoners : 
1801-08  For  expenses  of  the  division  hereby 
authorized,  including  not  more 
than  eight  permanent  positions; 
provided,  that  the  persons  em- 
ployed hereunder  shall  not  be 
subject  to  civil  service  laws  or 
the  rules  and  regulations  made 
thereunder       .... 


$24,530  00 


$24,530  00 


462 


Acts,  1941.  —  Chap.  419. 


Item 


1802-00 
1802-21 

1802-22 
1803-00 

1803-21 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Yenr 

1942. 


1805-00 

1805-21 
1805-22 

1805-23 

1805-24 

1806-00 
1806-23 

1806-24 
1806-26 

1807-00 
1807-21 


For  the  maintenance  of  and  for 
certain  improvements  at  the 
following  institutions  under 
the  control  of  the  Department 
of  Correction: 

State  farm,  including  not  more 
than  three  hundred  and  seventy- 
eight  permanent  positions 

For  preliminary  work  in  connection 
with  the  improvement  of  the 
water  supply  system  at  the  state 
farm        ..... 

For  certain  improvements  to  the 
power  plant  at  the  state  farm 

State  prison,  including  not  more 
than  one  hundred  and  forty  per- 
manent positions 

For  certain  improvements  to  the 
power  plant  and  to  the  heating 
and  electrical  systems  at  the 
state  prison,  including  the  pur- 
chase and  installation  of  equip- 
ment and  building  repairs  in  con- 
nection therewith 

Massachusetts  reformatory,  in- 
cluding not  more  than  one  hun- 
dred and  sixty-three  permanent 
positions  .  .  .  . 

For  improvements  to  the  piggerj'  at 
the    Massachusetts  reformatory 

For  certain  improvements  to  the 
dining  room  facilities  at  the 
Massachusetts  reformatory 

For  reconstruction  of  certain  sky- 
lights at  the  Massachusetts  re- 
formatory        .... 

For  the  purchase  and  installation 
of  boilers  and  certain  other 
equipment  in  the  power  plant  at 
the  Massachusetts  reformatory 

Reformatory  for  women,  including 
not  more  than  one  hundred  and 
three  permanent  positions 

For  continuing  the  work  of  point- 
ing and  improving  the  wails  and 
masonry  of  buildings  at  the  re- 
formatory for  women 

For  painting  the  buildings  at  the 
reformatory  for  women 

For  certain  improvements  to  the 
power  plant  and  to  the  heating 
and  electrical  systems  at  the  re- 
formatory for  women,  including 
the  purchase  and  installation  of 
equipment        .... 

State  prison  colony,  including  not 
more  than  one  hundred  and  sev- 
enty-five permanent  poBitions    . 

(This  item  omitted.) 

Totals 


$810,090  00        $813,090  00 

3,000  00 
8,000  00 

475,550  00    472,750  00 


563,680  00 
1,500  00 

19,000  00 

6,000  00 

18,000  00 
266.100  00 

10,000  00 
5,000  00 


65,000  00 


560,660  00 


257,320  00 

6,000  00 

48,500  00 

609,250  00    614,260  00 

$2,685,170  00  $2,736,570  00 


Acts,  1941.  —  Chap.  419.  463 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Department  of  Public  Welfare. 

Administration : 

1901-01     For  the  salary  of  the  commissioner  $7,000  00  17,000  00 

1901-02  For  personal  services  of  officers 
and  employees,  including  not 
more  than  thirty-one  permanent 
positions  ....  67,580  00  68,090  00 

1901-03  For  services  other  than  personal, 
printing  the  annual  report,  trav- 
eling expenses,  including  ex- 
penses of  auxiliary  visitors,  office 
supplies  and  expenses        .  .  4,700  00  4,700  GO 


Totals  ....        $69,280  00  $69,790  00 

Civilian  Conservation  Corps: 
1901-08     For    personal    services,    including 

clerical  assistance,  in  the  ofiice 

of  the  state  selecting  agent  for 

the  civilian  conservation  corps, 

and    including    no    permanent 

positions  ....  $5;600  00  $5,600  00 

1901-09     For  services  other  than  personal, 

including  travel,  office  supplies 

and  equipment         .         .  .  2,900  00  2,900  00 


Totals  ....  $8,500  00  $8,500  00 

State  Board  of  Housing: 
1902-01     For    personal    services,    including 

not  more  than  nine  permanent 

positions  ....        $18,450  00  $19,110  00 

1902-02     For  expenses,  as  authorized  by  sec- 
tion eighteen  of  chapter  eighteen 

of  the   General   Laws,   inserted 

by  section  one  of  chapter  three 

hundred  and   sixty-four  of  the 

acts   of   nineteen   hundred   and 

thirty-three,  as  amended  .  .  7,000  00  7,000  00 


Totals  ....        $25,450  00  $26,110  00 

Division  of  Aid  and  Relief: 
1904-01  For  personal  services  of  officers  and 
employees,  including  not  more 
than  one  hundred  and  thirty- 
nine  permanent  positions;  pro- 
vided, that  each  of  the  persons 
employed  on  the  effective  date 
of  this  act,  as  authorized  under 
Item  I  of  section  two  of  chapter 
sixty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-two,  may 
continue  to  serve  temporarily 
in  his  position  pending  the  de- 
termination of  the  results  of  a 
qualifying  examination  which 
shall  be  held  by  the  division  of 
civil  service,  and,  upon  passing 
such  examination  shall  be  en- 
titled to  one  of  said  permanent 
positions  ....      $238,970  00        $253,290  00 


464 


Acts,  1941.  —  Chap.  419. 


Item 
1904-02 


For  services  other  than  personal, 
including  traveling  expenses  and 
office  supplies  and  equipment  . 

Totals  .... 


Division  of  Child  Guardianship: 
190&-01  For  personal  services  of  officers  and 
employees,  including  not  more 
than  one  hundred  and  twenty- 
six  permanent  positions  . 
1906-02  For  services  other  than  personal, 
office  supplies  and  equipment  . 
1906-03  For  the  care  and  maintenance  of 
children,  including  not  more 
than  two  permanent  positions, 
a  sum  not  exceeding  one  million 
seven  hundred  and  four  thou- 
sand dollars  for  the  fiscal  year 
nineteen  hundred  and  forty-one 
and  the  previous  year,  and  a 
sum  not  exceeding  one  million 
six  hundred  and  sixty-five  thou- 
sand dollars  for  the  fiscal  year 
nineteen  hundred  and  forty-two 

Totals 


Appropriation 

Fiscal  Year 

1941. 


$22,500  00 


Appropriation 

Fiscal  Year 

1942. 


$22,000  00 


$261,470  00        $275,290  00 


$235,800  00        $245,010  00 


5,500  00 


5,500  00 


1,704,000  00       1,665,000  00 


$1,945,300  00     $1,915,510  00 


Tuition  of  children: 
1907-01  For  tuition  in  the  public  schools, 
including  transportation  to  and 
from  school,  of  children  boarded 
by  the  department,  a  sum  not 
exceeding  four  hundred  and  thir- 
teen thousand  dollars  for  the 
fiscal  year  nineteen  hundred  and 
forty-one  and  the  previous  year, 
and  a  sura  not  exceeding  three 
hundred  and  seventy-five  thou- 
sand dollars  for  the  fiscal  year 
nineteen  hundred  and  forty-two 

Instruction  in  public  schools: 
1907-03     For  reimbursement  of  cities  and 
towns  for  tuition  of  children,  at- 
tending the  public  schools 

Old  Age  Assistance: 
1907-04  For  reimbursement  of  cities  and 
to-mis  for  old  age  assistance  for 
the  years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two  and  for  previous 
years,  to  be  in  addition  to  other 
state  revenue  specified  by  law 
for  said  purpose 

The  following  items  are  for  reim- 
bursement of  cities  and  towns 
for  expenses  of  the  years  nine- 
teen hundred  and  forty-one 
and    nineteen    hundred    and 


$413,000  00        $375,000  00 


$7,500  00 


$7,500  00 


$3,600,000  00    $4,250,000  OQ 


Acts,  1941.  —  Chap.  419.  465 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1042. 

forty-two  and  of  previous 
years,  and  are  to  be  in  addi- 
tion to  any  unexpended  bal- 
ances of  appropriations  here- 
tofore made  for  the  purpose: 
1907-05     For  the  payment  of  suitable  aid  to 

certain  dependent  children  .  $2,500,000  00     $2,935,000  00 

1907-07  For  the  burial  by  cities  and  towns 
of  indigent  persons  who  have  no 

legal  settlement  .  .  .  16,000  00  17,500  00 
1907-08  For  expenses  in  connection  with 
smallpox  and  other  diseases  dan- 
gerous to  the  pubhc  health  ,  70,000  00  135,000  00 
1907-09  For  the  support  of  sick  indigent 
persons  who  have  no  legal  settle- 
ment        330,000  00          345,000  00 

1907-10  For  temporary  aid  given  to  indi- 
gent persons  with  no  legal  settle- 
ment, and  to  shipwrecked  sea- 
men by  cities  and  towns,  and  for 
the  transportation  of  indigent 
persons  under  the  charge  of  the 
department      ....    5,700,000  00       4,000,000  00 


Totals  ....  $8,616,000  00     $7,432,500  00 

Division  of  Juvenile  Training, 
Trustees  of  Massachusetts 
Training  Schools: 

1908-01     For  services  of  the  secretary  and  "- 

certain  other  persons  employed 
in  the  executive  office,  including 
not  more  than  nine  permanent 
positions  ....        $16,180  00  $16,840  00 

1908-02  For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  and  other  ex- 
penses of  the  members  of  the 
board  and  employees,  office  sup- 
plies and  equipment  .  .  2,200  00  2,200  00 

Boys'  Parole: 

1908-11  For  personal  services  of  agents  in 
the  division  for  boys  paroled 
and  boarded  in  families,  includ- 
ing not  more  than  twenty-two 
permanent  positions  .  .  47,925  00  48,320  00 

1908-12  For  services  other  than  personal, 
including  traveling  expenses  of 
the  agents  and  boys,  and  neces- 
sary oflSce  supplies  and  equip- 
ment        19,000  00  19,000  00 

1908-13  For  board,  clothing,  medical  and 
other  expenses  incidental  to  the 
care  of  boys     ....  20,000  00  20,000  00 

Girls'  Parole: 
1908-31  For  personal  services  of  agents  in 
the  division  for  girls  paroled 
from  the  industrial  school  for 
girls,  including  not  more  than 
eighteen  permanent  positions     .  34,700  00  35,696  00 


466 


Acts,  1941.  —  Chap.  419. 


Item 
1908-32 


Appropriation 

F^cai  Year 

1941. 


1915-00 
1916-00 


1916-21 

1917-00 


For  traveling  expenses  of  said 
agents  for  girls  paroled,  for 
board,  medical  and  other  care  of 
girls,  and  for  services  other  than 
personal,  office  suppUea  and 
equipment        .... 

Totals  .... 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
institutions  under  the  control 
of  the  trustees  of  the  Massa- 
chusetts training  schools,  with 
the  approval  of  said  trustees, 
as  follows: 
Industrial  school  for  boys,  includ- 
ing not  more  than  one  hundred 
permanent  positions 
Industrial  school  for  girls,  includ- 
ing not  more  than  eighty-nine 
permanent  positions 
(This  item  omitted.) 
LjTnan  school  for  boys,  including 
not  more  than  one  hundred  and 
thirty-nine  permanent  positions 
in  the  year  nineteen  hundred  and 
forty-one  and  one  hundred  and 
thirty-eight  permanent  positions 
in  the  year  nineteen  hundred  and 
forty-two  .... 

For  improvements  to  the  power 
plant  at  the  Lyman  school  for 
boys,  including  the  purchase  and 
installation  of  equipment  . 
For  replacement  and  enlargement 
of  the  water  mains  at  the  Lyman 
school  for  boys 
For  improvements  to  the  sprinkler 
system  in  the  school  building  at 
the  Lyman  school  for  boys,  in- 
cluding the  purchase  and  instal- 
lation of  equipment  . 

Totals  .... 


Massachusetts  Hospital  School: 
1918-00  For  the  maintenance  of  the  Mas- 
sachusetts hospital  school,  in- 
cluding not  more  than  one  hun- 
dred and  fifty-two  permanent 
positions,  to  be  expended  with 
the  approval  of  the  trustees 
thereof  ..... 
1918-21  For  the  construction  of  a  cottage 
for  patients,  including  furnish- 
ings ..... 
1918-22  For  the  purchase  and  installation 
of  new  boilers,  including  equip- 
ment and  building  alterations  in 
connection  therewith 

Totals  .... 


1917-21 

1917-22 
1917-23 


$18,000  00 


Appropriation 

Fiscal  Year 

1942. 


$18,000  00 


$158,005  00        $160,055  00 


$193,500  00        $197,300  00 
149,200  00  150,200  00 


297,100  00 


9,000  00 


7,500  00 


1,200  00 


294,050  00 


$657,500  00        $641,550  00 


$232,210  00        $234,465  00 


65,000  00 


25.000  00 


$232,210  00        $324,465  00 


Acts,  1941.  —  Chap.  419. 


467 


Item 


1919-00 


191^21 


1919-22 


1919-24 


Tewksbury  State  Hospital  and 
Infirmary : 

For  the  maintenance  of  the  Tewks- 
bury state  hospital  and  infirmary, 
including  not  more  than  six 
hundred  and  eighty-five  perma- 
nent positions,  to  be  expended 
with  the  approval  of  the  trustees 
thereof    ..... 

For  the  purchase  and  installation 
of  a  new  turbo-generator  unit    . 

For  improvements  in  the  sewage 
disposal  system 

(This  item  omitted.) 

Totals 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$1,277,460  00     $1,283,110  00 


35,475  00 


25,000  00 


$1,302,460  00     $1,318,585  00 


2001-01 
2001-02 


2001-03 


2003-01 


2003-02 


2004-01 


2004-02 


2005-01 


2005-02 


Service  of  the  Department  of  Public  Health. 

Administration : 
For  the  salary  of  the  commissioner  $7,500  00 

For  personal  services  of  the  health 

council     and    office     assistants, 

including  not  more  than  twenty- 
one  permanent  positions   .  .  23,870  00 
For  services  other  than  personal, 

including    printing    the    annual 

report,  travehng  expenses,  office 

suppHes  and  equipment    .  .  8,000  00 

Service  of  Adult  Hygiene  (can- 
cer) : 

For  personal  services  of  the  divi- 
sion, including  not  more  than 
twenty- two  permanent  positions  41,920  00 

For  other  expenses  of  the  division, 

including  cancer  cUnics     .  .  47,500  00 

Service  of  Child  and  Maternal 
Hygiene : 

For  personal  services  of  the  direc- 
tor and  assistants,  including  not 
more  than  thirty-one  permanent 
positions  ....  62,290  00 

For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment  .  .  20,000  00 

Division  of  Communicable  Dis- 
eases: 

For  personal  services  of  the  direc- 
tor, district  health  officers  and 
their  assistants,  epidemiologists, 
bacteriologist  and  assistants  in 
the  diagnostic  laboratory,  in- 
cluding not  more  than  thirty 
permanent  positions  .  .  79,440  00 

For  services  other  than  personal, 
traveling  expenses,  laboratory, 
office  and  other  necessary  sup- 
plies, including  the  purchase  of 
animals  and  equipment,  and  rent 
of  certain  offices        .  .  .  13,000  00 


$7,500  00 


25,015  00 


8,000  00 


42,450  00 
47,500  00 


63,160  00 


20,000  00 


81,000  00 


13,000  00 


468 


Acts,  1941.  —  Chap.  419. 


Item 


2006-01 


2006-02 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fisral  Year 

1942. 


2007-01 


2007-02 


2007-07 


2007-08 


2012-01 


2012-02 


2013-01 


2013-02 


2015-01 


Venereal  Diseases: 

For  personal  services  for  the  con- 
trol of  venereal  diseases,  includ- 
ing not  more  than  eight  perma- 
nent positions 

For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment,  to  be  in 
addition  to  any  amount  here- 
tofore appropriated  for  the 
purpose  ..... 

Wassermann  Laboratory: 
For  personal  services  of  the 
Wassermann  laboratory,  includ- 
ing not  more  than  fifteen  perma- 
nent positions 
For  expenses  of  the  Wassermann 
laboratory        .... 

Antitoxin  and  Vaccine  Labora- 
tories: 

For  personal  services  in  the  in- 
vestigation and  production  of 
antitoxin  and  vaccine  lymph 
and  other  specific  material 
for  protective  inoculation  and 
diagnosis  of  treatment,  includ- 
ing not  more  than  forty-seven 
permanent  positions 

For  other  services,  supplies,  ma- 
terials and  equipment  necessary 
for  the  production  of  antitoxin 
and  other  materials  as  enumer- 
ated above,  and  for  rent 

Inspection  of  Food  and  Drugs: 
For  personal  services  of  the  direc- 
tor, analysts,  inspectors  and 
other  assistants,  including  not 
more  than  thirty  permanent 
positions  .... 

For  other  services,  including 
traveling  expenses,  supplies, 
materials  and  equipment  . 

Shellfish  Enforcement  Law: 
For  personal  services  for  adminis- 
tering the  law  relative  to  shell- 
fish, including  not  more  than  one 
permanent  position  . 
For  other  expenses  for  administer- 
ing the  law  relative  to  shellfish 

Water  Supply  and  Disposal  of 
Sewage: 
For  personal  services  of  directors, 
engineers,  chemists,  clerks  and 
other  assistants  in  the  division 
of  engineering  and  the  divi- 
sion of  laboratories,  including 
not  more  than  fifty  permanent 
positions  .... 


$17,910  00  $18,390  00 


235,000  00  235,000  00 


20,050  00 
6,000  00 


21,280  00 
6,000  00 


79,500  00 
36,700  00 

65,000  00 
11,000  00 


2,400  00 
600  00 


81,360  00 
36.700  00 

65.340  00 
10.000  GO 


2,400  00 
600  00 


133.476  00    133.410  00 


Acts,  1941.  —  Chap.  419.  469 

Appropriation        Appropriation 
FiBcal  Year  Fiscal  Year 

Item  1941.  1942. 

2015-02  For  other  services,  including 
traveling  expenses,  supplies,  ma- 
terials and  equipment,  for  the 
division  of  engineering  and 
the  division  of  laboratories         .        823,000  00  $23,000  00 


Totals  ....      $934,055  00        $941,005  00 

Division  of  Tuberculosis: 

2020-01  For  personal  services  of  the  direc- 
tor, stenographers,  clerks  and 
other  assistants,  including  not 
more  than  nineteen  permanent 
positions  ....        $42,920  00  $43,370  00 

2020-02  For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  expenses  and 
office  supplies  and  equipment      .  3,500  00  3,500  00 

2020-03  For  expenses  of  hospitalization  of 
certain  patients  suffering  from 
chronic  rheumatism,  as  author- 
ized by  section  one  hundred  and 
sixteen  A  of  chapter  one  hun- 
dred and  eleven  of  the  General 
Laws,  inserted  by  chapter  three 
hundred  and  ninety-three  of  the 
acts  of  nineteen  hundred  and 
thirty-seven,  to  be  in  addition 
to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  36,000  00  36,000  00 

2020-11  To  cover  the  payment  of  certain 
subsidies  for  the  maintenance  of 
hospitals  for  tubercular  patients        494,745  54  495,000  00 

2020-21  For  personal  services  for  certain 
children's  clinics  for  tubercu- 
losis, including  not  more  than 
seventeen  permanent  positions  .  37,400  00  38,130  00 

2020-22  For  other  services  for  certain  chil- 
dren's chnics  for  tuberculosis      .  12,500  GO  12,500  00 


Totals  ....      $627,065  54        $628,500  00 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
sanatoria,  as  follows: 

2022-00  Lakeville  state  sanatorium,  in- 
cluding not  more  than  two  hun- 
dred and  twenty-five  permanent 
positions  ....      $335,800  00        $340,300  00 

2022-21  For  certain  fire  protection  and 
sprinklers  at  the  Lakeville  state 
sanatorium       ....  5,840  00  — 

2022-22  For  certain  improvements  in  the 
water  supply  system  at  the 
Lakeville  state  sanatorium  .  1,725  00  1,200  00 

2022-23  For  construction  of  a  physiother- 
apy unit,  including  the  purchase 
and  installation  of  certain  equip- 
ment, at  the  Lakeville  state 
sanatorium       ....  9,000  00  — 

2023-00  North  Reading  state  sanatoriimi, 
including  not  more  than  one 
hundred  and  eighty-five  perma- 
nent positions  .         .         .       276,050  00         278,950  00 


470 


Acts,  1941.  —  Chap.  419. 


Item 

2023-21     (This  item  omitted.) 

2023-22  For  the  purchase  and  installation 
of  certain  additional  sprinkler 
equipment  at  the  North  Read- 
ing state  sanatorium 

2023-23  For  the  purchase  and  installation 
of  certain  fire  protection  equip- 
ment at  the  North  Reading  state 
sanatorium       .... 

2024-00  Rutland  state  sanatorium,  includ- 
ing not  more  than  two  hundred 
and  thirty-five  permanent  posi- 
tions       .  .  . 

2024-21  For  improvements  in  the  sewage 
disposal  system  at  the  Rutland 
state  sanatorium 

2024-22  For  the  purchase  and  installation 
of  certain  fire  protection  equip- 
ment at  the  Rutland  state  sana- 
torium    ..... 

2025-00  Westfield  state  sanatorium,  in- 
cluding not  more  than  two  hun- 
dred and  ninety-one  permanent 
positions  .... 

2025-21  For  the  purchase  and  installation 
of  certain  fire  protection  equip- 
ment at  the  Westfield  state  sana- 
torium   ..... 

Totals 

Pondville  Hospital: 

2031-00  For  maintenance  of  the  Pondville 
hospital,  including  care  of  ra- 
dium, and  including  not  more 
than  two  hundred  and  thirty-six 
permanent  positions 

2031-21  For  improvements  in  the  system 
of  water  supply 

8310-01  (Postponed  pending  further  legis- 
lation.) 

2031-22  For  rebuilding  and  resurfacing  cer- 
tain roads         .... 

2031-23  For  the  purchase  and  installation 
of  certain  additional  sprinkler 
equipment        .... 

2031-24  For  the  purchase  and  installation 
of  certain  fire  protection  equip- 
ment      ..... 

2031-25     (This  item  omitted.) 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$372,200  00 


$2,200  00 

1,375  00 

365,350  00 
3,200  00 

2.700  00 

437,740  00 

2,000  00 
$1,441,980  00     $1,431,090  00 


438.440  00 


$361,600  00 
700  00 

3,000  00 
1,200  00 
2,650  00 


$376,300  00 
600  00 


$369,150  00       $376,900  GO 


Service  of  the  Department  of  Public  Safety. 

Administration : 

2101-01     For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

2101-02  For  personal  services  of  clerks  and 
stenographers,  including  not 
more  than  sixty-seven  perma- 
nent positions  •  •        102,500  00  103.174  00 

2101-03     For  contingent  expenses,  including     ' 
printing  the  annual  report,  rent 


Acts,  1941.  —  Chap.  419. 


471 


Item 

of  district  offices,  supplies  and 
equipment,  and  all  other  things 
necessary  for  the  investigation 
of  fires  and  motion  picture  li- 
censes, as  required  by  law,  and 
for  expenses  of  administering  the 
law  regulating  the  sale  and  re- 
sale of  tickets  to  theatres  and 
other  places  of  public  amuse- 
ment by  the  department  of  pub- 
lic safety  .... 

Totals  .... 

Division  of  State  Police: 

2102-01  For  the  salaries  of  officers  and  de- 
tectives, including  not  more  than 
three  hundred  and  eighteen  per- 
manent positions  partly  charge- 
able to  item  2970-04,  and  for  the 
salary  of  one  permanent  state 
police  crime  prevention  and  ju- 
venile delinquency  investigator 

2102-02  For  personal  services  of  civilian 
employees,  including  not  more 
than  one  hundred  and  six  per- 
manent positions 

2102-03  FoT  other  necessary  expenses  of 
the  uniformed  division,  including 
traveling  expenses  of  detectives, 
and  the  expenses  of  a  state  police 
training  school  for  forty  men  in 
the  fiscal  year  nineteen  hundred 
and  forty-one  to  be  in  addition 
to  the  amounts  appropriated  in 
item  2970-05   .... 

2102-04  For  expert  assistance  to  the  com- 
missioner and  for  maintenance 
of  laboratories,  including  not 
more  than  four  permanent  posi- 
tions      ..... 

Totals  .... 

Claim: 
2102-05  For  payment  of  certain  judgments 
for  damages,  with  the  approval 
of  the  attorney  general,  in  con- 
nection with  an  accident,  which 
occurred  on  October  twelfth, 
nineteen  hundred  and  thirty- 
seven,  involving  a  state-owned 
motor  vehicle  .... 

Fire  Prevention  Service: 

2103-01     For  the  salary   of  the  state  fire 

marshal  ..... 

2103-02     For  personal  services  of  fire  and 

other  inspectors,  including  not 

more  than  nineteen  permanent 

positions  .... 

2103-03     For  other  services,  office  rent  and 

necessary    office    supplies    and 

equipment       .... 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$61,000  00  $58,000  00 


$169,500  00        $167,174  00 


$249,490  00        $254,368  00 


121,000  00 


122.500  00 


212,500  00 


14,540  00 


207,500  00 


14,660  00 


$597,530  00       $599,028  00 


$5,398  40 


$4,000  00 


47,730  00 


3,000  00 


$4,000  00 

53.700  00 
2,700  00 


472 


Acts,  1941.  —  Chap.  419. 


Item 

2103-04  For  traveling  expenses  of  fire  and 
other  inspectors 

Totals  .... 

Division  of  Inspection: 

2104-01  For  the  salary  of  the  chief  of  in- 
spections .... 

2104-02  For  services,  supplies  and  equip- 
ment necessary  for  investiga- 
tions and  inspections  by  the  di- 
vision     ..... 

2104-11  For  the  salaries  of  officers  for  the 
building  inspection  service,  in- 
cluding not  more  than  twenty- 
one  permanent  positions   .  . 

2104-12  For  traveling  expenses  of  officers 
for  the  building  inspection 
service    ..... 

2104-21  For  the  salaries  of  officers  for  the 
boiler  inspection  service,  includ- 
ing not  more  than  twenty-six 
permanent  positions 

2104-22  For  traveling  expenses  of  officers 
for  the  boiler  inspection  service  . 

Totals  .... 

Board  of  Boiler  Rules: 
2104-31  For  personal  services  of  members 
of  the  board,  including  not  more 
than  four  permanent  positions  . 
2104-32  For  services  other  than  personal 
and  the  necessary  traveling  ex- 
penses of  the  board  . 

Totals  .... 

State  Boxing  Commission: 
2105-01  For  compensation  and  clerical  as- 
sistance for  the  state  boxing 
commission,  including  not  more 
than  five  permanent  positions  . 
2105-02  For  other  expenses  of  the  commis- 
sion        .  .... 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


$9,700  00 


$1,000  00 

1,700  00 
$2,700  00 


$10,440  00 
6,750  00 


Appropriation 

Fiscal  Year 

1942. 


$9,700  00 


$64,430  00  $70,100  00 

$4,000  00  $4,000  00 

550  00  550  00 

52,910  00  54,960  00 

9,500  00  9,500  00 

68,640  00  68,640  00 

10,700  00  10,700  00 

$146,300  00  $148,350  00 


$1,000  00 

300  00 
$1,300  00 


$10,560  00 
6,750  00 


$17,190  00         $17,310  00 


Service  of  the  Department  of  Public  Works. 

2201-01  For  administering  the  law  relative 
to  advertising  signs  near  high- 
ways, including  not  more  than 
six  permanent  positions  .  .'        $21,350  00  $21,350  00 

Functions  of  the  department  re- 
lating to  waterways  and  pub- 
lic lands: 
2202-01     For  personal  services  of  the  direc- 
tor, chief  engineer  and  assistants, 
including  not  more  than  sixty- 
two  permanent  positions  .  .        $61,000  00         $61,000  00 


Acts,  1941.  —  Chap.  419.  473 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

2202-02  For  services  other  than  personal, 
including  printing  pamphlet  of 
laws  and  the  annual  report,  and 
for  necessary  office  and  engineer- 
ing supphes  and  equipment       .  $1,600  00  $1,600  00 

2202-03  For  the  care  and  maintenance  of 
the  province  lands  and  of  the 
lands  acquired  and  structures 
erected  by  the  Provincetown 
tercentenary  commission,  in- 
cluding not  more  than  one  per- 
manent position        .  .  7.000  00  7,000  00 

2202-04     For  the  compensation  of  dumping 

inspectors 300  00  300  00 

2202-06  For  the  maintenance  and  repair  of 
certain  property  in  the  town  of 
Plymouth        ....  3,500  00  3,500  00 

2202-07  For  the  operation  and  maintenance 
of  the  New  Bedford  state  pier, 
including  not  more  than  three 
permanent  positions  .  18,000  00  24,000  00 

2202-08  For  the  operation  and  maintenance 
of  the  Cape  Cod  Canal  pier,  in- 
cluding not  more  than  one  per- 
manent position        .  .  .  4,800  00  4,800  00 

2202-09  For  the  maintenance  of  structures, 
and  for  repairing  damages  along 
the  coast  line  or  river  banks  of 
the  commonwealth,  and  for  the 
removal  of  wrecks  and  other 
obstructions  from  tide  waters 
and  great  ponds       .  .  .  17,000  00  17,000  00 

2202-11     For    the    improvement,    develop-  • 

ment,  maintenance  and  protec- 
tion of  rivers  and  harbors,  tide 
waters  and  foreshores  within  the 
commonwealth,  as  authorized  by 
section  eleven  of  chapter  ninety- 
one  of  the  General  Laws,  as 
appearing  in  the  Tercentenary 
Edition  thereof,  and  of  great 
ponds,  and  any  unexpended  bal- 
ance of  the  appropriation  re- 
maining at  the  end  of  either  of 
the  years  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two  may  be  expended 
in  the  succeeding  year  for  the 
same  purposes;  provided,  that 
all  expenditures  shall  be  upon 
condition  that  at  least  fifty  per 
cent  of  the  cost  is  covered  by  con- 
tributions from  municipalities  or 
other  organizations  and  indi- 
viduals, except  that  in  the  case 
of  dredging  channels  for  harbor 
improvements  at  least  twenty- 
five  per  cent  of  the  cost  shall  be 

so  covered        ....        100,000  00  100,000  00 

2202-12  For  re-establishing  and  perma- 
nently marking  certain  triangu- 
lation  points  and  stations,  as  re- 
quired by  order  of  the  land  court 


474 


Acts,  1941.  —  Chap.  419. 


Item 


2202-13 


in  accordance  ^vith  section  thirty- 
three  of  chapter  ninety-one  of 
the  General  Laws,  as  appear- 
ing in  the  Tercentenary  Edition 
thereof  ..... 
For  expenses  of  survejnng  certain 
town  boundaries,  by  the  depart- 
ment of  public  works 

Totals  .... 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$800  00 

S800  00 

300  00 

300  00 

$214,300  00 

$220,300  00 

The  unexpended  balance  of  the 
appropriation  made  by  item  638 
of  section  two  of  chapter  two 
hundred  and  forty-five  of  the 
acts  of  nineteen  hundred  and 
thirty-one,  as  most  recently  re- 
appropriated  by  chapter  three 
hundred  and  nine  of  the  acts  of 
nineteen  hundred  and  thirty- 
nine,  for  certain  work  in  the 
Taunton  river  authorized  by 
chapter  four  hundred  and  five 
of  the  acts  of  nineteen  hundred 
and  thirty,  is  hereby  again  re- 
appropriated. 

The  appropriation  made  by  item 
624a  of  section  two  of  chapter 
five  hundred  and  eighteen  of  the 
acts  of  nineteen  hundred  and 
thirty-nine  for  certain  improve- 
ments in  Menemsha  Creek  in 
the  towns  of  Chilmark  and  Gay 
Head,  as  authorized  by  and  sub- 
ject to  the  conditions  of  chapter 
seventy  of  the  resolves  of  nine- 
teen hundred  and  thirty-nine, 
is  hereby  re-appropriated. 


Service  of  the  Department  of  Public  Utilities. 


2301-01  For  personal  services  of  the  com- 
missioners, including  not  more 
than  five  permanent  positions    . 

2301-02  For  personal  services  of  secretaries, 
employees  of  the  accounting  di- 
\'ision,  engineering  division,  and 
rate  and  tariff  division,  includ- 
ing not  more  than  sixteen  per- 
manent positions 

2301-03  For  personal  services  of  the  inspec- 
tion di^^sion,  including  not  more 
than  twenty  permanent  posi- 
tions       ..... 

2301-04  For  personal  services  of  clerks, 
messengers  and  office  assistants, 
including  not  more  than  ten  per- 
manent positions 

2301-05  For  personal  services  of  the  tele- 
phone and  telegraph  di\asion, 
including  not  more  than  seven 
permanent  positions 


$36,000  00  $36,000  00 


61.720  00 


51,900  00 


16,835  00 


19.260  00 


53,980  00 


53,370  00 


17,160  00 


19,260  00 


Acts,  1941.  —  Chap.  419. 


475 


Item 
2301-06 


2301-07 


2301-08 


2301-09 


2302-01 


2302-02 


2302-03 


2304-01 


2304-02 


2308-01 


2308-02 


For  traveling  expenses  of  the  com- 
missioners and  employees  . 

For  other  services,  including  print- 
ing the  annual  report  and  neces- 
sary office  supplies  and  equif)- 
ment        ..... 

For  stenographic  reports  of  evi- 
dence at  inquests  held  in  cases 
of  death  by  accident  on  or  about 
railroads  .... 

Totals  .... 

Special  Investigations: 
For  personal  services  and  expenses 
of  special  investigations,  includ- 
ing legal  assistants  and  steno- 
graphic services  as  needed;  pro- 
vided, that  a  sum  not  exceeding 
$20,000  shall  be  expended  in  each 
of  the  fiscal  years  1941  and  1942 
for  an  investigation  of  the  New 
York,  New  Haven  and  Hartford 
Railroad  Company  . 

Investigation  of  Gas  and  Elec- 
tric Light  Meters: 

For  personal  services  of  the  di^asion 
of  inspection  of  gas  and  gas  me- 
ters, including  not  more  than 
twelve  permanent  positions 

For  expenses  of  the  division  of  in- 
spection of  gas  and  gas  meters, 
including  traveling  and  other 
necessary  expenses  of  inspection 

For  the  examination  and  tests  of 
electric  meters 

Totals  .... 

Commercial  Motor  Vehicle  Di- 
vision : 

For  personal  services  of  the  di- 
rector and  assistants,  including 
not  more  than  thirty-two  per- 
manent positions 

For  other  services,  necessary  office 
supplies  and  equipment,  and  for 
rent  ..... 

Totals  .... 

Sale  of  Securities: 

For  personal  services  in  adminis- 
tering the  law  relative  to  the 
sale  of  securities,  including  not 
more  than  twelve  permanent 
positions  .... 

For  expenses  other  than  personal  in 
administering  the  law  relative 
to  the  sale  of  securities 

Totals 


.Appropriation 

Fiscal  Year 

1941. 


$3,800  00 


9,000  00 


200  00 


$39,840  00 

17,000  00 
$56,840  00 


$25,300  00 
2,500  GO 


Appropriation 

Pascal  Year 

1942. 


$4,000  00 


8,500  00 


200  00 


$188,715  00        $192,470  00 


$27,000  00  $27,000  00 


$26,520  00 

$27,840  00 

4,500  00 

4,500  00 

100  00 

100  GO 

$31,120  00 

$32,440  OC 

$59,990  GO 

20,500  00 
$80,490  00 


$28,320  00 
2,500  GO 


$27,800  GO    $3G,820  00 


476 


Acts,  1941.  —  Chap.  419. 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


Interest  on  the  Public  Debt. 


2410-00  For  the  payment  of  interest  on  the 
direct  debt  of  the  common- 
wealth, to  be  in  addition  to  the 
amounts  appropriated  in  item 
2951-00  .... 


$154,938  25        S132,650  75 


Requirements  for  Extinguishing  the  State  Debt. 

2420-00  For  sinking  fund  requirements 
and  for  certain  serial  bonds 
maturing  during  the  years  nine- 
teen hundred  and  forty-one  and 
nineteen  hundred  and  forty-two, 
to  be  in  addition  to  the  amounts 
appropriated  in  item  2952-00    .  $1,523,000  00        $972,000  00 


Bunker  Hill  Monument. 

2801-00  For  the  maintenance  of  Bunker 
Hill  monument  and  the  property 
adjacent,  to  be  expended  by  the 
metropolitan  district  commis- 
sion                 $12,100  00 


$12,100  00 


Unclassified  Accounts  and  Claims. 

2805-01     For  the  payment  of  certain  annui- 
ties and  pensions  of  soldiers  and 

others  under  the  provisions  of 

certain  acts  and  resolves  .  ,  $8,106  00  $6,411  00 

2805-02     For   payment   of   any    claims,    as 

authorized    by    section    eighty- 
nine  of  chapter  thirty-two  of  the 

General  Laws,  as  amended,  for 

allowances    to    the    families    of 

members  of  the  department  of 

public  safety  doing  police  duty 

killed  or  fatally  injured  in  the 

discharge  of  their  duties  .  10,500  00  10,500  00 

2811-01     For  the  compensation  of  veterans 

of  the  civil  war  formerly  in  the 

service    of    the    commonwealth, 

now  retired      ....  990  00  990  00 

2811-02     For  the  compensation  of  veterans 

who    may    be    retired    by    the 

governor   under   the   provisions 

of  sections  fifty-six  to  fifty-nine, 

inclusive,  of  chapter  thirty-two 

of  the  General  Laws,  as  appear- 
ing in  the  Tercentenary  Edition 

thereof    ..... 
2811-03     For  the  compensation  of  certain 

prison    officers    and    instructors 

formerly  in  the  service  of  the 

commonwealth,  now  retired        .  62,000  00 

2811-04     For    the    compensation    of    state 

police   officers   formerly   in   the 

service   of   the    commonwealth, 

now  retired      .         .         .         .  7,500  00  7,500  GO 


120,000  00  133.000  00 


62,000  00 


Acts,  1941.  —  Chap.  419.  477 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

2811-05  For  the  compenaation  of  certain 
women  formerly  employed  in 
cleaning  the  state  house,  now 
retired $600  00  $600  00 

2820-02  For  small  items  of  expenditure  for 
which  no  appropriations  have 
been  made,  and  for  cases  in 
which  appropriations  have  been 
exhausted  or  have  reverted  to 
the  treasury  in  previous  years    .  1,000  00  1,000  00 

2820-03  For  the  payment  of  a  certain  claim 
of  the  heirs  of  Anne  McCann, 
as  authorized  by  chapter  thirty- 
nine  of  the  resolves  of  nineteen 
hundred  and  thirty-seven,  to  be 
expended  under  the  provisions 
of  said  chapter  and  subject  to 
the  provisions  of  item  738  of 
chapter  four  hundred  and  forty- 
five  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven        .  .  1,325  11  - 

2820-04  For  the  compensation  of  certain 
public  employees  for  injuries 
sustained  in  the  course  of  their 
employment,  for  the  years  nine- 
teen hundred  and  forty-one  and 
nineteen  hundred  and  forty-two 
and  for  previous  years,  as  pro- 
vided by  section  sixty-nine  of 
chapter  one  hundred  and  fifty- 
two  of  the  General  Laws,  as 
amended,  to  be  in  addition  to 
any  amounts  heretofore  appro- 
priated for  the  purpose,  and  in 
addition  to  the  amounts  appro- 
priated by  item  2970-07   .  .  55,000  00  55,000  00 

2820-06  For  reimbursement  of  persons  for 
funds  previously  deposited  in 
the  treasury  of  the  common- 
wealth and  escheated  to  the 
commonwealth  .  .  .  5,000  00  5,000  00 


Totals  ....      $272,021  11        $282,001  00 


Deficiencies. 


For  deficiencies  in  certain  ap- 
propriations of  previous  years, 
in  certain  items,  as  follows: 


Service  of  the  Legislative  Department. 

For  printing,   binding   and   paper 

ordered  by  the  senate  and  house 

of   representatives,    or   by    con- 
current    order      of      the      two 

branches,  with  the  approval  of 

the     clerks    of    the    respective 

branches  ....  $1,830  48 

For   stationery   for   the   house   of 

representatives,    purchased    by 


478  Acts,  1941.  —  Chap.  419. 

Appropriation        Appropriation 
Fiacal  Year  Fiscal  Year 

Itom  1941.  1942. 

and   with   the   approval   of   the 

clerk $108  40. 

For  an  investigation  relative  to  the 
adoption  of  wage  and  hour 
standards,  as  authorized  by 
chapter  fifty-two  of  the  resolves 
of  nineteen  hundred  and  thirty- 
nine         .....  107  98 


Service  of  the  Judicial  Department. 

Superior  Court: 
For  traveling  allowances  and  ex- 
penses    .....  956  66 

Justices  of  District  Courts: 
For  reimbursing  certain  counties 
for  compensation  of  certain 
special  justices  for  services  in 
holding  sessions  of  district  courts 
in  place  of  the  justice,  while  sit- 
ting in  the  superior  court  .  833  91 

Judicial  Council: 
For  expenses  of  the  Judicial  coun- 
cil, as  authorized  by  section 
thirty-four  C  of  chapter  two 
hundred  and  twenty-one  of  the 
General  Laws,  as  appearing  in 
the  Tercentenary  Edition  thereof  213  08 


Service  of  the  State  Racijig  Commission. 

For  other  administrative  expenses, 
including  rent  of  offices,  travel, 
and  office  and  incidental  ex- 
penses       700  00 


For  Expenses  on  Account  of  Wars. 

For  reimbursing  cities  and  towns 
for  money  paid  on  account  of 
state  and  military  aid  to  Massa- 
chusetts soldiers  and  their  fami- 
lies, to  be  paid  on  or  before  the 
fifteenth  day  of  November  in  the 
years  nineteen  hundred  and 
thirty-nine  and  nineteen  hun- 
dred and  forty,  in  accordance 
with  the  provisions  of  existing 
laws  relative  to  state  and  mili- 
tary aid 29,609  91 


Service  of  the  Secretary  of  the  Commonwealth. 

For  printing  laws,  etc.: 
For   printing   and   binding  public 

documents        ....  100  00 


Acts,  1941.  — Chap.  419.  479 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 
For  expenses  of  the  department  for 
legal  services,  evidence  and  other 
information  relative  to  domicile 
cases,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  pxirpose         .  .  .  $43  42  - 


Service  of  the  Department  of  Education. 

For  the  reimbursement  of  certain 

towns  for  the  payment  of  tuition 

of  pupils  attending  high  schools 

outside  the  towns  in  which  they 

reside,  as  provided  by  law  .  3,704  29 

For  the  reimbursement  of  certain 

towns  for  the  transportation  of 

pupils    attending    high    schools 

outside  the  towns  in  which  they 

reside,  as  provided  by  law  .  13,680  75 

For  the  education  of  deaf  and  blind 

pupils  of  the  commonwealth,  as 

provided  by  section  twenty-six 

of  chapter  sixty-nine  of  the  Gen- 
eral Laws,  as  amended      .  .  39,355  05 

English-speaking      Classes      for 
Adults: 
For  reimbursement  of  certain  cities 

and  towns         ....  13,154   10 

Newbury  Street  Building: 
For  the  maintenance  and  operation 
of  the  state  building  on  Newbury 
Street,  Boston  .  .  .  1,923  57 

Massachusetts  Nautical  School: 
For  personal  services  of  the  secre- 
tary and  office  assistants,  includ- 
ing not  more  than  two  perma- 
nent positions  ...  64  00 


Totals  ....      $106,385  60 


The  Following  Appropriations  are  Made  from  the  Highway  Fund: 
Service  of  the  Department  of  Public  Works. 

Administration : 
2921-01     For  the  salaries  of  the  commissioner 

and  the  associate  commissioners, 

including  not  more  than  three 

permanent      positions,      partly 

chargeable  to  item  3131-01       .        $14,625  00  $14,625  00 

2921-02     For  personal  services  of  clerks  and 

assistants  to  the  commissioner, 

including   not   more   than   four 

permanent      positions,      partly 

chargeable  to  item  3131-02     .  6,850  00  6,985  GO 


480  Acts,  1941.  —  Chap.  419. 

Appropriation         Appropriation 
.  Fiscal  Year  Fiscal  Year 

Item  1941.  1942, 

2921-03  For  traveling  expenses  of  the  com- 
missioners, to  be  in  addition  to 
the  amounts  appropriated  in 
item  3131-03   ....  $1,100  00  $1,100  00 

2921-04  For  telephone  service  in  the  public 
works  building,  including  not 
more  than  six  permanent  po- 
sitions, partly  chargeable  to 
item  3131-04  ....  19,500  00  19,500  00 


Totals  ....        $41,075  00  $41,210  00 

Public  Works  Building: 

2922-01  For  personal  services  for  the  main- 
tenance and  operation  of  the 
public  works  building,  including 
not  more  than  sixty-three  per- 
manent positions      .  .  .        $81,960  00  $82,260  00 

2922-02  For  the  salaries  of  guards  for  the 
public  works  building,  including 
expense  of  uniforms,  and  includ- 
ing not  more  than  seventeen  per- 
manent positions  .  .  31,800  00  31,920  00 

2922-03  For  other  expenses  for  the  main- 
tenance and  operation  of  the 
public  works  building         .  .  51,000  00  51,000  00 


Totals  ....      $164,760  00        $165,180  00 

Functions  of  the  department  re- 
lating to  highways: 

2923-01  For  personal  services  of  the  chief 
engineer,  engineers  and  office 
assistants,  including  certain 
clerks  and  stenographers,  and 
including  not  more  than  fifty- 
one  permanent  positions   .  $105,860  00        $111,800  00 

2923-02  For  services  other  than  personal, 
including  printing  pamphlet  of 
laws  and  the  annual  report,  and 
necessary  office  supplies  and 
equipment,  and  for  the  expense 
of  membership  of  the  department 
in  the  American  Association  of 
State  Highway  Officials   .  .  15,000  00  16,000  00 

2923-11     (This  item  omitted.) 

2923-12  For  expenses  of  a  topographical 
and  geological  survey  and  map, 
and  for  continuing  the  work  in 
gauging  the  flow  of  water  in  the 
streams  of  the  commonwealth, 
to  be  in  addition  to  funds  re- 
ceived from  federal  appropria- 
tions or  private  subscriptions, 
and  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose         ...  •  50,000  00  50,000  00 

2923-14  For  certain  expenses  in  connection 
with  a  geodetic  and  coastal  sur- 
vey, the  amounts  to  be  expended 
in  co-operation  with  any  funds 
made  available  by  the  federal 
government  for  the  same  pur- 
pose         30.000  00  30,000  00 


Acts,  1941.  —  Chap.  419.  481 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

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

2923-30  For  aiding  towns  in  the  repair  and 
improvement  of  public  ways,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $21,900  00       1,509,900  00 

2923-40  For  the  maintenance  and  repair 
of  state  highways,  including  care 
of  snow  on  highways  and  ex- 
penses of  traffic  signs  and  lights, 
for  payment  of  damages  caused 
by  defects  in  state  highways, 
with  the  approval  of  the  attor- 
ney general,  for  care  and  repair 
of  road-building  machinery,  and 
for  the  maintenance  of  a  nursery 
for  roadside  planting,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  pur- 
pose; provided,  that  the  appro- 
priation for  nineteen  hundred 
and  forty-one  shall  include  a  sum 
not  exceeding  seventy-five  hun- 
dred dollars  to  be  used  for  the 
purchase  of  certain  property  in 
the  city  of  Beverly   .  .  .     3,550,000  00       3,542,500  00 

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 
purpose 200,000  00       2,225,638  00 

Specials: 

2923-71  To  provide  for  the  state's  share  of 
the  cost  of  a  proposed  program 
in  co-operation  with  the  Federal 
government  for  the  improve- 
ment of  national  defense  roads 
requested  by  officials  of  the 
United  States  army  .  .        850,000  00 

2923-72  For  stream  clearance  projects,  as 
authorized  by  sections  one  to 
four,  inclusive,  of  chapter  five 
hundred  and  thirteen  of  the  acts 
of  nineteen  hundred  and  thirty- 
nine         250,000  00  250,000  00 


Totals  ....  $5,072,760  00  $10,734,838  00 

Registration  of  Motor  Vehicles: 
2924-01     For    personal    services,    including 

not  more  than  six  hundred  and 

fifty-seven  permanent  positions  $1,138,000  00     $1,147,000  00 
2924-02     For  services  other  than  personal, 

including      traveling     expenses, 

purchase   of   necessary   supplies 

and  materials,  including  cartage 

and  storage  of  the  same,  and  for 


482  Acts,  1941.  —  Chap.  419. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

work  incidental  to  the  registra- 
tion and  licensing  of  owners  and 

operators  of  motor  vehicles         .      $454,000  00        $454,000  00 
2924-03     For  printing   and   other  expenses 
necessary    in    connection    with 
publicity  for  certain  safety  work  1,000  00  1.000  00 


Totals  ....  $1,593,000  00     $1,602,000  00 


Metropolitan  District  Commission. 

The  following  items  are  to   be 
paid  with  the  approval  of  the 
metropolitan  district  commis- 
sion: 
2931-00     For    maintenance    of    boulevards 
and  parkways,  including  instal- 
lation of  traffic  lights          .           .$1,204,819  00     $1,203,076  00 
2932-00     For  resurfacing  of  boulevards  and 
parkways,  to  be  in  addition  to 
any  unexpended  balance  of  the 
appropriation  made  for  the  pur- 
pose in  the  previous  years  210,000  00  208,000  00 
2933-00     For  expense  of  supplies  and  serv- 
ices    necessary     for     procuring 
Works  Progress  Administration 
or  other  federal  funds,  to  be  in 
addition  to  any  amount  hereto- 
fore  appropriated   for  the  pur- 
pose          5,000  00  5,000  00 

Specials : 

2937-01     (This  item  included  in  item  2937-13.) 

2937-07     (This  item  included  in  item  2937-13.) 

2937-08     (This  item  included  in  item  2937-13  ) 

2937-09     (This  item  included  in  item  2937-13.) 

2937-10  For  the  purchase  and  installation 
of  certain  traffic  lights  on  Memo- 
rial Drive  and  Soldiers'  Field 
Road,  and  approaches  .  6,000  00  - 

2937-11     (This  item  omitted.) 

2937-12     (This  item  omitted.) 

2937-13  For  the  cost  of  certain  repairs  for 
shore  protection  at  Winthrop, 
Lynn  shore,  Quincy  shore,  and 
Revere  Beach  .  .  .  10,000  00 

2937-14  For  the  state's  share  of  the  costs 
of  a  co-operative  study  by  the 
Beach  Erosion  Board  of  the  fed- 
eral government  of  beach  prob- 
lems within  the  metropolitan 
district,  including  Winthrop, 
Quincy  shore,  Lynn  shore.  Re- 
vere beach,  and  Nantasket  .  5,000  00  .  - 

2937-15  The  expenditure  of  a  sum  not  to 
exceed  twelve  thousand  dollars, 
for  the  purchase  and  installation 
of  certain  two-way  radio  equip- 
ment for  use  by  the  police  force 
of  the  metropolitan  district  com- 
mission within  the  metropolitan 
parks  district,  is  hereby  author- 
ized to  the  extent  recommended 


Acts,  1941.  —  Chap.  419. 


483 


Item 


in  findings  which  shall  be  made 
prior  to  October  first,  nineteen 
hundred  and  forty-one,  as  a  re- 
sult of  the  survey  to  be  con- 
ducted under  item  0401-34,  pro- 
vided that  such  sum  shall  be 
taken  from  item  0401-24  or 
item  0401-33   .... 

Totals 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$1,440,819  00     $1,416,076  00 


Service  of  the  Commission  on  Administration  and  Finance. 

2940-01  For  expenses  incidental  to  the  re- 
vision of  the  accounting  systems 
in  the  department  of  public 
works  and  the  metropolitan  dis- 
trict commission,  under  the  di- 
rection of  the  commission  on  ad- 
ministration and  finance    .  .        $25,000  00 


Service  of  Legislative  Investiaations. 

2941-01  For  travel  and  other  expenses,  dur- 
ing the  present  session,  of  the 
joint  special  committee  on  High- 
ways and  Motor  Vehicles  as 
authorized  by  an  order  adopted 
by  the  general  court,  the  sum  of 
seven  hundred  and  fifty  dollars  .  $750  00 


Interest  on  the  Public  Debt. 

2951-00  For  the  payment  of  interest  on  the 
direct  debt  of  the  common- 
wealth, to  be  in  addition  to  the 
amounts  appropriated  in  item 
2410-00 


$228,026  67        $167,845  00 


Requirements  for  Extinguishino  the -State  Debt. 

2952-00  For  sinking  fund  requirements  and 
for  certain  serial  bonds  maturing 
during  the  years  nineteen  hun- 
dred and  forty-one  and  nineteen 
hundred  and  forty-two,  to  be  in 
addition  to  the  amounts  appro- 


priated in  item  2420-00 


.  $5,677,767  50     $4,251,267  50 


Sumner  Tunnel. 

2960-02  For  reimbursement,  in  part,  of  the 
city  of  Boston  for  expenses  in- 
curred by  said  city  in  the  op- 
eration and  maintenance  of 
the  Sumner  Tunnel  therein,  as 
authorized  by  chapter  twenty  of 
the  resolves  of  the  current  year  . 


$100,000  00        $100,000  00 


484 


Acts,  1941.  —  Chap.  419. 


Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Treasrtrcr  and  Receiver-C'eneral. 

State  Board  of  Retirement: 
2970-01  For  requirements  of  annuity  funds 
and  pensions  for  employees 
retired  from  the  state  service 
under  authority  of  law,  to  be  in 
addition  to  the  amounts  appro- 
priated in  item  0604-03     .  .        $36,000  00  $36,000  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 

2970-02  For  other  personal  ser\dces  of  the 
division,  including  expenses  of 
the  board  of  appeal  and  certain 
other  costs  of  supervising  motor 
vehicle  liability  insurance,  to  be 
in  addition  to  the  amounts  ap- 
propriated in  item  1103-02  .        $70,000  00 

2970-08  For  expenses  of  receivership  of  the 
Canton  Mutual  Liability  Insur- 
ance Company,  provided,  that 
the  total  expense  of  the  division 
of  insurance  due  to  the  receiver- 
ship shall  be  allowed  as  a  cost  of 
liquidation,  and  that  the  com- 
monwealth shall  be  reimbursed 
for  the  amount  certified  by  the 
commissioner  of  insurance  as 
said  cost  ....  5,200  00 

Totals  ....        $75,200  00 


$70,000  00 


5,200  00 


$75,200  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Di^nsions: 
2970-03  To  cover  the  estimated  cost  of 
collection  of  the  gasftline  tax,  so- 
called,  and  to  be  in  addition  to 
the  amounts  appropriated  in 
item  1201-02  ....        $50,000  00  $50,000  00 


Service  of  the  Department  of  Puhlic  Safety. 

Division  of  State  Police: 
2970-04  For  the  salaries  of  officers  and 
detectives,  to  be  in  addition  to 
the  amounts  appropriated  in 
item  2102-01  .... 
2970-05  For  other  necessary  expenses  of 
the  uniformed  division,  includ- 
ing traveling  expenses  of  detec- 
tives and  the  expenses  of  a  state 
police  training  school  for  forty 
men  in  the  fiscal  year  nineteen 
hundred  and  forty-one  to  be  in 
addition  to  the  amounts  appro- 
priated in  item  2102  03      . 


$374,235  00        $381,552  00 


212,500  00 


207.500  00 


Totals 


$586,735  00        $589,052  00 


Acts,  1941.  —  Chap.  419.  485 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Unclassified  Accounts  and  CUmtis. 

2970-07  For  the  compensation  of  certain 
public  employees  for  injuries  sus- 
tained in  the  course  of  their  em- 
ployment, for  the  years  nineteen 
hundred  and  forty-one  and  nine- 
teen hundred  and  forty-two  and 
for  previous  years,  as  provided 
by  section  sixty-nine  of  chapter 
one  hundred  and  fifty-two  of  the 
General  Laws,  as  amended,  to  be 
in  addition  to  any  amounts  here- 
tofore appropriated  for  the  pur- 
pose, and  in  addition  to  the 
amounts  appropriated  by  item 
2820-04 $67,500  00  $67,500  00 


The  Following  Appropriations  are  Made  from  the  Port  of  Boston 

Fund: 

Service  of  the  Department  of  Public  Works 

Administration : 

3131-01  For  the  salaries  of  the  commis- 
sioner and  the  associate  com- 
missioners, to  be  in  addition  to 
the  amounts  appropriated  in 
item  2921-01   ....  $4,875  00  $4,875  00 

3131-02  For  personal  services  of  clerks  and 
assistants  to  the  commissioner, 
to  be  in  addition  to  the  amounts 
appropriated  in  item  2921-02     .  1,950  00  1,995  00 

3131-03  For  traveling  expenses  of  the  com- 
missioners, to  be  in  addition  to 
the  amounts  appropriated  in 
item  2921   03   ....  400  00  400  00 

3131-04  For  telephone  service  in  the  public 
works  building,  to  be  in  addition 
to  the  amounts  appropriated  in 
item  2921-04  ....  6,500  00  6,500  00 


Totals  ....        $13,725  00  $13,770  00 

Functions  of  the  department  re- 
lating to  Port  of  Boston: 

3132-01      (This  item  omitted.) 

3132-02  For  the  supervision  and  operation 
of  commonwealth  pier  five,  in- 
cluding not  more  than  thirty- 
five  permanent  positions,  and 
for  the  repair  and  replacement 
of  equipment  and  other  property      $128,000  00        $129,000  00 

3132-04  For  the  construction  of  railroads 
and  piers  and  for  the  develop- 
ment of  certain  land  4,000  00  4,000  00 

3132-12  For  the  maintenance  and  improve- 
ment of  commonwealth  property 
under  the  control  of  the  depart- 
ment in  connection  with  its 
functions  relating  to  waterways 
and  public  lands       .  .  .  90,000  00  90,000  00 


486  Acts,  1941.  —  Chap.  419. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942 

3132-13  For  dredging  channels  and  filling 
flats,  and  for  inspecting  under 
water  structures  and  for  the 
removal  of  wrecks  and  other 
obstructions  from  tide  water,  to 
be  in  addition  to  any  unex- 
pended balance  of  the  appropri- 
ation made  for  the  purpose  in 
the  previous  year  $90,000  00  $90,000  00 


Totals  ....      $312,000  00        $313,000  00 


Boston  Port  Authority. 

3134-01  For  reimbursement  of  the  city  of 
Boston  for  a  part  of  the  cost  of 
the  Boston  Port  Authority,  as 
authorized  by  chapter  four  hun- 
dred and  fifty-three  of  the  acts 
of  nineteen  hundred  and  tliirty- 
eight $26,000  00  $26,000  00 


The  Following  Appropriations  are  Payable  from  Fees  Collected 
UNDER  Section  27  of  Chapter  138  of  the  General  Laws,  as 
amended: 

Service  of  Old  Age  Assistance  Adrninistration. 

3621  For  personal  services  required  for 

the  administration  of  old  age 
assistance  provided  by  chapter 
one  hundred  and  eighteen  A  of 
the  General  Laws,  as  amended, 
including  not  more  than  fifty- 
five  permanent  positions  .  $104,800  00        $104,880  00 

3622  For  other  expenses,  including  rent, 

travel,  office  supplies  and  other 
necessary  expenses,  required  for 
the  administration  of  old  age  as- 
sistance provided  by  said  chap- 
ter one  hundred  and  eighteen  A, 
as  amended      ....  15,500  00  15,800  00 


i 


Totals  ....      $120,300  00        $120,680  00 


The  Following  Appropriation  is  Payable  from  the  Mosquito  Contbol 

Fund: 

State  Reclamation  Board. 

3901  For  the  maintenance  and  construc- 

tion of  drainage  ditches,  as  au- 
thorized by  chapter  three  hun- 
dred and  seventy-nine  of  the  acts 
of  nineteen  hundred  and  thirty, 
as  amended  by  section  one  of 
chapter  two  hundred  and  fifty 
of  the  acts  of  nineteen  hundred 
and  thirty-five,  to  be  assessed 
upon  certain  towTis  as  required 
by  law  and  to  be  in  addition  to 
any  amount  heretofore  appro- 
priated for  the  purpose     .  .        $35,304  68         $35,304  68 


Acts,  1941.  — Chap.  419.  487 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

The  Following  Appropriations  are  Payable  from   the    Parks  and 
Salisbury  Beach  Reservation  Ftjnd: 

Division  of  Parks  and  Recreation. 

4011  For  personal  services  for  certain 

administrative  purposes  and  for 
certain  consulting  services,  in- 
cluding not  more  than  six  per- 
manent positions      .  .  .        $24,394  00  $24,964  00 

4012  For  travel  and  other  administra- 

tive expenses,  including  supplies 

for  reservation  improvements    .  3,660  00  3,660  00 

4013  For    the    development    of   recrea- 

tional opportunities  in  state  for- 
ests, including  personal  services 

and  other  expenses  .  .  .  29,700  00  29,700  00 

4021  For  the  maintenance  of  the  Stan- 

dish  monument  reservation        .  3,500  00  2,000  00 

Salisbury  Beach  Reservation: 
4031           For  the  maintenance  of  Salisbury 
beach  reservation,  including  not 
more  than  one  permanent  po- 
sition        17,000  00  17,000  00 

4034  For  expenses  for  improvement  of 

Salisbury  beach,  either  in  the 
form  of  Works  Projects  Admin- 
istration or  other  federal  proj- 
ects, or  with  the  co-operation  of 
the  Civilian  Conservation  Corps, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 15,000  00  15,000  00 

Other  Federal  Projects: 

4035  For  expenses  of  improvements  in 

state  parks,  either  in  the  form  of 
Works  Projects  Administration 
or  other  federal  projects,  or  with 
the  co-operation  of  the  Civilian 
Conservation  Corps  7,000  00  7,000  00 

4036  For  expenses  of  improvements  in 

state  forests,  either  in  the  form 
of  Works  Projects  Administra- 
tion or  other  federal  projects, 
or  with  the  co-operation  of  the 
Civilian  Conservation  Corps     .  5,000  00  6,000  00 


Totals  ....      $105,254  00        $104,324  00 


The  Following  Appropriations  are  Payable  from  the  Smoke  Inspec- 
tion Fund: 

Division  of  Smoke  Inspection. 

43 1 1  For  personal  services,  including  not 

more  than  fourteen  permanent 

positions  ....        $33,090  00  $33,240  00 

4312  For   other   services,    printing   the 

annual  report,  travel,  and  neces- 
sary oflBce  supplies  and  equip- 
ment        3,000  00  3,000  00 


Totals  ....        $36,090  00         $36,240  00 


488  Acts,  1941.  —  Chap.  419. 


Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  19J1.  1942. 

Metropolitan  District  Commission  Funds. 

The  following  items  are  to  be  as- 
sessed upon  the  several  districts 
in  accordance  with  the  methods 
fixed  by  law,  unless  otherwise 
provided,  and  to  be  expended 
under  the  direction  and  with 
the   approval   of   the    metro- 
politan district  commission: 
8502-00     For  services  and  expenses  of  the 
division    of    metropolitan    plan- 
ning,  including  not   more   than 

five  permanent  positions    .  .        $12,000  00  - 

8602-00  For  maintenance  of  parks  reserva- 
tions, including  the  purchase  of 
land  and  the  retirement  of  vet- 
erans under  the  provisions  of  the 

General  Laws  .  .        723,020  00        $700,731  00 

8602-21  For  the  expense  of  holding  band 
concerts,  to  be  assessed  as  part 
of  the  cost  of  maintenance  of 

parks  reservations    .  .  .  15,000  00  15,000  00 

8602-22  For  expenses  of  supplies  and  serv- 
ices necessary  for  procuring 
Works  Progress  Administration 
or  other  federal  funds,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  pur- 
pose and  to  be  assessed  as  part 
of  the  cost  of  maintenance  of 

parks  reservations    .  .  5,000  00  5,000  00 

8602-26  For  a  contribution  towards  the 
cost  of  esplanade  concerts,  so 
called,  to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parks 

reservations     ....  7,500  00  7,500  00 

8602-27  For  the  cost  of  suppressing  gypsy 
moths,  including  certain  equip- 
ment, to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parks 

reservations     ....  5,000  00  6,000  00 

8602-28  For  certain  additional  facilities  at 
the  Ponkapoag  golf  course,  so- 
called,  to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parks 
reservations     ....  10,000  00 

8602-29     For  certain  expenses  incidental  to 
co-operation  with  the  civilian  con- 
servation corps,  to  be   assessed 
as   part   of   the    cost   of    main- 
tenance   of    parks    reservations  1,500  00  - 
8602-30     For  the  installation  of  a  certain  pile 
landing  in  the  Charles riverabove 
the  Harvard  bridge,  to  be  assessed 
as   part   of  the  cost    of    main- 
tenance   of    parks    reservations            1,000  00                       - 
8602-31      (This  item  omitted.) 
8607-00     For    maintenance   of    the    Charles 
River    basin,    including    retire- 
ment of  veterans  under  the  pro- 
visions of  the  General  Laws        .        166,115  00          159,635  00 
8611-00     For  maintenance  of  the  Nantasket 

Beach  reservation     .  .  .  68,415  00  64,410  00 

8611-21     (This  item  omitted.) 


Acts,  1941.  —  Chap.  419.  489 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

8611-22  For  the  cost  of  certain  repairs  for 
shore  protection  at  the  Nantas- 
ket  Beach  reservation         .  .  $1,000  00  - 

8802-00  For  the  maintenance  and  opera- 
tion of  a  system  of  sewage  dis- 
posal for  the  north  metropolitan 
sewerage  district,  including  re- 
tirement of  veterans  under  the 
provisions  of  the  General  Laws  .        428,530  00        $431,323  GO 

8802-22  For  improvements  and  alterations 
to  the  No.  2  pump,  so-called,  at 
the  Deer  Island  pumping  sta- 
tion, to  be  assessed  as  part  of  the 
cost  of  maintenance  of  the  north 
metropolitan  sewerage  system     .  17,000  00  - 

8802-23     (This  item  omitted.) 

8807-00  For  the  maintenance  and  opera- 
tion of  a  system  of  sewage  dis- 
posal for  the  south  metropolitan 
sewerage  district,  including  re- 
tirement of  veterans  under  the 
provisions  of  the  General  Laws  .        307,322  00  309.430  GO 

88G7-23  For  replacement  of  certain  boilers 
at  the  Quincy  pumping  station, 
to  be  assessed  as  part  of  the  cost 
of  maintenance  of  the  south  met- 
ropolitan sewerage  system  .  16,000  00  - 

8902-00  For  the  maintenance  and  operation 
of  the  metropolitan  water  sys- 
tem, including  retirement  of  vet- 
erans under  the  provisions  of  the 
General  Laws  .  .  .     1,011,170  00       1,020.046  00 

8901-02     (This  item  omitted.) 

8901-04  For  the  construction  of  additions 
and  improvements  to  certain 
supply  and  distribution  mains, 
as  a  part  of  the  cost  of  mainte- 
nance of  the  metropolitan  water 
system,  to  be  in  addition  to  any 
unexpended  balance  of  an  ap- 
propriation made  for  the  pur- 
pose in  the  previous  years  .        200.000  00  200.GGG  GG 

8902-22     (This  item  omitted.) 

8902-23  For  the  installation  of  a  force  main 
from  Spot  Pond  pumping  sta- 
tion to  Fells  reservoir,  to  be  as- 
sessed as  a  part  of  the  cost  of 
maintenance  of  the  metropolitan 
water  system    ....  80,000  00 

8902-24  For  payment  to  the  commissioners 
of  Worcester  county  of  a-  certain 
assessment  upon  the  former  town 
of  Dana,  to  be  assessed  as  a  part 
of  the  cost  of  maintenance  of  the 
metropolitan  water  system  565  60  - 

Totals  ....  $3,076,137  60     $2,918,076  00 

General  Fund      ....  $60,651,458  14  $59,607,206  59 

Highway  Fund 15.159,393  17     19,296,168  50 

Port  of  Boston  Fund    ....        351.72500  352,77000 

Old  Age  Assistance  Fund,  administration        120,300  00  120,680  00 

Special  Assessment  Funds     .  .  .        176,648  68  175,868  68 

MetropoUtan  District  Commission  Funds   3,076.137  60      2,918,075  00 


490  Acts,  1941.  —  Chap.  419. 

Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  pubhc  buildings  or  other 
improvements  at  state  institutions  until  plans  and  specifi- 
cations have  been  approved  by  the  governor,  unless  other- 
wise provided  by  such  rules  and  regulations  as  the  governor 
may  make. 

Section  4.  No  person  shall  be  reimbursed  by  the  com- 
monwealth 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  incurred  for  a  breakfast  while  so 
travehng  which  is  in  excess  of  seventy-five  cents  or  for  the 
amount  of  any  expense  incurred  for  an  evening  meal  while 
so  traveling  which  is  in  excess  of  one  dollar.  Nothing  herein 
contained  shall  apply  to  state  employees  who  receive  as 
part  of  their  compensation  a  non-cash  allowance  in  the  form 
of  full  or  complete  boarding  and  housing  or  to  members  of 
legislative  committees  or  special  commissions.  No  passen- 
ger automobile  the  price  whereof,  dehvered,  exceeds  one 
thousand  dollars  shall  be  paid  for  out  of  funds  appropriated 
by  this  act,  except  upon  the  written  order  of  the  commis- 
sion on  administration  and  finance.  Nothing  herein  con- 
tained shall  be  construed  as  preventing  a  department  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  5.  The  allowance  to  state  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  bj''  them  and  used  in  the  performance  of  their  ofl&cial 
duties  shall  not  exceed  four  and  one  half  cents  a  mile. 

Section  6.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  three,  four  and  five  of  this  act  to 
each  departmental,  divisional  and  institutional  head  inmie- 
diately  following  the  passage  of  this  act. 

Section  7.  All  money  paid  into  the  treasury  of  the 
commonwealth  from  federal  subventions  and  grants  may 
be  expended  without  specific  appropriation,  if  such  expendi- 
tures are  otherwise  in  accordance  with  law. 

Section  8.  The  state  treasurer  is  hereby  authorized  and 
directed  to  charge  off  from  the  accounts  of  deposits  here- 
tofore made  with  certain  banks  now  closed  the  sum  of  two 
hundred  thousand  dollars  in  the  year  nineteen  hundred  and 
forty-one  and  the  smn  of  one  hundred  thousand  dollars  in 
the  year  nineteen  hundred  and  forty-two. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

On  June  26,  1941,  the  House  of  Representatives,  the 
branch  in  which  the  bill  originated,  received  a  message  from 
the  Governor  stating  under  the  provisions  of  Article  LVI 
of  the  amendments  to  the  constitution,  his  objections  in 
writing  to  the  following  items  therein :  — 


Acts,  1941.  — Chap.  420. 


491 


Item  1314-00  reduced  for  the  year  1941  to  S55,000.  and 
for  the  year  1942  to  S  .00; 

Item  1314-21  reduced  for  the  year  1941  to  $1,200.  and  for 
the  year  1942  to  $  .00; 

Item  0801-02  with  the  recommendation  that  it  be  amended 
and  then  reduced  as  follows:  "For  the  compensation  of 
assistants  in  his  office  and  for  such  other  legal  and  personal 
services  as  may  be  required,  including  not  more  than  thirty- 
six  permanent  positions  and  excluding  therefrom  any  com- 
pensation for  a  cashier  for  which  no  appropriation  is  made, 
to  be  reduced  for  the  year  1941  from  $124,000.  to  $122,250. 
and  for  1942  from  $124,000.  to  $120,500." 

On  July  2,  1941,  a  point  of  order  being  raised  that  Item 
0801-02  was  not  properly  before  the  house,  the  point  of 
order  was  sustained  by  the  speaker  and  the  objections  of  the 
governor  to  said  item  were  not  sustained. 

A  vote  being  taken  on  July  3,  1941,  on  the  passage  of  items 
1314-00  and  1314-21,  the  objections  of  the  governor  thereto 
were  sustained,  the  house  having  refused,  in  each  instance, 
to  pass  the  items.  The  remainder  of  the  bill  was  approved 
by  the  governor  June  26,  1941. 


An  Act  providing  for  the  payment  by  the  common-  ChavA20 

WEALTH  TO  ITS  MUNICIPALITIES  OF  A  PORTION  OF  THE 
HIGHWAY  FUND  TO  BE  EXPENDED  BY  THEM  FOR  LOCAL 
HIGHWAY    PURPOSES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  the  requirement  thereof  that  the  amounts  set  forth  p'"''*'"^!^- 
therein  shall  be  paid  as  early  as  may  be  in  the  current  year 
to  the  several  cities  and  towns  of  the  commonwealth;  there- 
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: 

Section  1.  There  shall  be  paid,  without  further  appro- 
priation, from  the  Highway  Fund  as  early  as  may  be  in  each 
of  the  years  nineteen  hundred  and  forty-one  and  nineteen 
hundred  and  forty-two  to  the  cities  and  towns  of  the  com- 
monwealth the  sum  of  ten  million  dollars.  The  amounts  to 
be  paid  the  several  cities  and  towns  in  each  of  said  years 
shall  be  as  shown  in  the  following  schedule :  — 


Barnstable  County. 


Barnstable 

Bourne    . 

Brewster 

Chatham 

Dennis    . 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans  . 


$44,673  07 
16,380  69 

5.024  25 
11,011  70 
10,3,54  29 

4,106  87 
36,514  06 
14,667  49 

2,734  23 

7.025  86 


492 


Acts,  1941.  — Chap.  420. 


Barnstable  County  —  Concluded. 


Provincetown 

Sandwich 

Truro 

Wellfleet 

Yarmouth 

Total 


Adams    . 

Alford     . 

Becket    . 

Cheshire 

Clarksburg 

Dalton    . 

Egremont 

Florida    . 

Great  Barrington 

Hancock 

Hinsdale 

Lanesborough 

Lee 

Lenox 

Monterey 

Mount  Washington 

New  Ashford  . 

New  Marlborough 

North  Adams  . 

Otis 

Peru 

Pittsfield 

Richmond 

Sandisfield 

Savoy 

Sheffield 

Stockbridge 

Tyringham 

Washington 

West   Stockbridge 

Williamstown  . 

Windsor 

Total 


Berkshire  County. 


$7,626  93 
7,085  84 
3,901  61 
4,785  30 

11,461  16 


$187,353 

35 

$18,660  73 

1,344 

74 

4,067 

38 

4,017 

92 

2,123 

18 

11,612 

23 

3,123 

18 

4,156 

87 

16,219 

64 

2,072 

64 

3,312 

12 

4,284 

76 

9,999 

57 

9,999 

57 

3,656 

33 

1,266 

85 

816 

85 

6,117 

92 

35,693 

56 

3,028 

43 

2,205 

79 

95,637 

98 

2,856 

33 

5,067 

38 

3,205 

79 

6,529 

51 

8,159 

55 

1,872 

64 

2,905 

79 

3,756 

87 

14,040 

13 

3,961 

59 

$295,773  82 


Bristol  County. 


Acushnet 

Attleboro 

Berkley  . 

Dartmouth 

Dighton 

Easton    . 

Fairhaven 

Fall  River 

Freetown 

Mansfield 

New  Bedford  . 

North  Attleborough 

Norton    . 

Raynham 

Rehoboth 

Seekonk 

Somerset 


$6,697  96 

43,097  86 

3,612  12 

24,983  37 

7,192  17 

10,927  47 

19,200  22 

170,074  68 

4,573  71 

14,246  46 

179,129  51 

19,321  78 

6,941  63 

5,274  25 

9,630  58 

10,694  31 

18,728  11 


Acts,  1941.  —  Chap.  420. 


493 


Bristol  County  —  Concluded. 


Swansea 
Taunton 
Westport 

Total 


Chilmark 
Edgartown 
Gay  Head 
Gosnold 
Oak  Bluffs 
Tisbury  . 
West  Tisbury 

Total 


Amesbury 

Andover 

Beverly  . 

Boxford  . 

Danvers 

Essex 

Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich  . 

Lawrence 

Lynn 

Lynnfield 

Manchester 

Marblehead 

Merrimac 

Methuen 

Middleton 

Nahant  . 

Newbury 

Newburyport 

North  Andover 

Peabody 

Rockport 

Rowley   . 

Salem 

Salisbury 

Saugus 

Swampscott 

Topsfield 

Wenham 

West  Newbury 

Total 


Ashfield 
Bernardston 
Buckland 
Charlemont 
Colrain   . 


Dukes  County 


Essex  County, 


Franklin  County. 


$9,682  19 
60,413  31 
13,649  57 


$638,071 

26 

$1,678  43 

7,926  39 

516  84 

1,612 
8,326 
8,321 

12 
39 
67 

1,806 

33 

),188  17 


$18,381 

76 

30,433 

48 

58,714 

38 

4,606 

87 

22,657 

62 

3,184 

76 

4,774 

25 

59,280 

15 

3,990 

56 

9,143 

78 

80,354 

62 

13,112 

23 

146,160 

73 

198,333 

48 

7,526 

39 

15,492 

81 

31,769 

85 

4,218 

45 

35,787 

23 

4,524 

25 

8,499 

57 

5,280 

04 

21,379 

18 

15,847 

00 

38,656 

22 

9,372 

21 

3,773 

71 

84,037 

34 

5,708 

48 

25,265 

56 

34,127 

25 

6,041 

63 

6,020 

06 

3,984 

76 

.  $1,020,440  66 

$5,778  97 

3,423 

18 

6,252 

68 

3,784 

23 

6,651  61 

494 


Acts,  1941.  — Chap.  420. 


Franklin  County  —  CondvAed. 


Conway  . 

Deerfield 

Erving    . 

GUI 

Greenfield 

Hawley  . 

Heath 

Leverett 

Leyden   . 

Monroe  . 

Montague 

New  Salem 

Northfield 

Orange    . 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick 

Wendell 

Whately 

Total 


Agawam 

Blandford 

Brim  field 

Chester  . 

Chicopee 

East  Longmeadc 

Granville 

Hampden 

Holland  . 

Holyoke 

Longmeadow 

Ludlow   . 

Monson  . 

Montgomery 

Palmer    . 

Russell    . 

•^outhwick 

Springfield 

Tolland  . 

Wales 

West  Springfield 

Westfield 

Wilbraham 

Total 


Amherst 
Belchertown 
Chesterfield 
Cummington 
Essthampton 
Enfield    . 
Goshen   . 
Granby  . 
Greenvich 
Hadle-    . 


Hampden  County. 


Hampshire  County. 


$5,112 

12 

9,887 

45 

4,013 

20 

3,212 

12 

45,300  00 

2,805 

79 

3,183 

69 

2,700 

54 

2,394 

74 

2,323 

18 

21,598  61 

3,883 

69 

6,235  30 

11,371 

67 

2,978  43 

6,986  37 

2,333 

69 

3,567 

92 

3,333 

69 

2,844  74 

4,045 

82 

$176,003 

43 

$15,914  38 

4,945  28 

4,601 

07 

5,445  82 

63,494  96 

8,365  34 

6,229 

51 

3,212 

12 

2,044 

74 

118,131 

44 

24,753  97 

15,813 

31 

10,231 

12 

1,844  74 

19,296  46 

5,475  32 

5,968 

99 

372,691 

45 

2,533 

69 

1,783 

69 

39,985 

19 

36,637  23 

6,825 

32 

$776,225 

14 

$17,470 

17 

7,718  46 

3,750 

54 

3,339  49 

18,571 

78 

1,983 

69 

4,001 

07 

7,169  53 


Acts,  1941.  —  Chap.  420. 


495 


Hampshire  County  —  Concluded. 


Hatfield 

Huntington 

Middlefield 

Northampton 

Pelham   . 

Plainfield 

Prescott 

South  Hadley 

Southampton 

Ware       . 

Westhampton 

Williamsburg 

Worthington 

Total 


$6,352  68 
3,690  02 
2,583  69 

45,181  55 
1,978  43 
2,894  74 

15,797  53 
4,312  12 

13,445  39 
3,011  59 
4,412  66 
4,467  38 

$172,132  51 


Middlesex  County. 


Acton 

Arlington 

Ashby 

Ashland  . 

Ayer 

Bedford 

Belmont 

BiUerica 

Boxborough 

Burlington 

Cambridge    ' 

Carlisle   . 

Chelmsford 

Concord 

Dracut    . 

Dunstable 

Everett  . 

Framingham 

Groton    . 

Holliston 

Hopkinton 

Hudson  . 

Lexington 

Lincoln   . 

Littleton 

Lowell 

Maiden  . 

Marlborough 

Maynard 

Medford 

Melrose  . 

Natick    . 

Newton  . 

North  Reading 

Pepperell 

Reading 

Sherborn 

Shirley    . 

Somerville 

Stoneham 

Stow 

Sudbury 

Tewksbury 

Townsend 

Tyngsborough 


$8,464  81 

86,105  80 

4,401  07 

5,902  68 

7,214  81 

5,535  84 

72,635  62 

16,936  48 

1,772  64 

5,596  89 

250,981  04 

3,701  07 

18,152  25 

19,922  32 

10,426  93 

2,561  59 

102,511  27 

54,132  73 

10,054  29 

7,925  86 

8,331  12 

13,234  87 

35,038  31 

7,197  96 

6,191  63 

148,021  78 

107,891  85 

27,899  25 

12,590  67 

120,244  64 

57,519  64 

33,208  26 

229,502  80 

5,396  89 

8,075  32 

27,710  84 

5,974  79 

5,768  99 

158,942  49 

24,792  38 

4,729  51 

8,497  96 

9,632  19 

7,285  84 

4,184  76 


496 


Acts,  1941.  — Chap.  420. 


Middlesex  County  —  Concluded. 


Wakefield 

Waltham 

Watertown 

Wayland 

Westford 

Weston   . 

Wilmington 

Winchester 

Woburn 

Total 


$33,170  39 
80,517  81 
77,133  05 
10,494  31 
10,615  34 
16,542  81 
8,932  19 
47,052  15 
35,026  72 

$2,092,285  50 


Nantucket 
Total 


Avon 

Bellingham 

Braintree 

Brookline 

Canton    . 

Cohasset 

Dedham 

Dover 

Foxborough 

Franklin 

Holbrook 

Medfield 

Medway 

Millis      . 

Milton    . 

Needham 

Norfolk  . 

Norwood 

Plainville 

Quincy    . 

Randolph 

Sharon    . 

Stoughton 

Walpole 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Total 


Nantucket  County. 


Norfolk  County. 


$21,149  68 
$21,149  68 


$3,924  25 

6,452  68 

40,586  27 

199,719  85 

14,819  64 

14,703  33 

39,190  99 

8,832  73 

11,239  06 

17,797  53 

6,359  01 

6,319  53 

6,964  27 

6,547  43 

57,186  48 

37,045  17 

4,323  71 

39,385  73 

4,001  61 

184,135  41 

12,423  82 

11,878  00 

16,109  12 

25.731  87 

60.732  83 
11,884  34 
72,412  45 

7,486  91 


,194  02 


Plymouth  County. 


Abington 

Bridgewater 

Brockton 

Carver    . 

Duxbury 

East  Bridgewater 

Halifax    . 

Hanover 

Hanson  . 

Hingham 

Hull 


$10,300  11. 

13,084  34 

110,875  00 

7,430  58 

13,501  18 
9,426  93 
4,012  66 
7,336  91 
5,763  73 

25,270  28 

23,047  10 


Acts,  1941.  — Chap.  420. 


497 


Plymouth  County  —  Concluded. 


Kingston 

Lakeville 

Marion   . 

Marshfield 

Mattapoisett    . 

Middleborough 

Norwell  . 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate 

Wareham 

West  Bridgewater 

Whitman 

Total 


$8,165  34 
4,373  71 
8,176  93 

14,723  82 
6,253  22 

20,814  91 
5,818  99 
6,769  53 

39,254  61 
2,617  38 
4,723  71 

14,730  69 

20,044  42 

23,801  82 
6,892  17 

14,163  84 

$431,373  91 


Suffolk  County. 


Boston    . 

Chelsea  . 

Revere 

Winthrop 

Total 


2,007,371  40 

67,310  30 

57,725  97 

35,695  17 

i,  168, 102  84 


Worcester  County. 


Ashburnham 

Athol       . 

Auburn  . 

Barre 

Berlin 

Blackstone 

Bolton     . 

Boylston 

Brookfield 

Charlton 

Clinton   . 

Dana 

Douglas 

Dudley    . 

East  Brookfield 

Fitchburg 

Gardner 

Grafton  . 

Hardwick 

Harvard 

Holden    . 

Hopedale 

Hubbardston 

Lancaster 

Leicester 

Leominster 

Lunenburg 

Mendon 

Milford  . 

Millbury 

Millville 

New  Braintree 

North  Brookfield 

Northborough 


$6,685  30 

23,251  29 

13,262  23 

10,036  37 

3,640  02 

5,624  79 

4,. 340  02 

3,512  12 

3,884  76 

8,702  15 

19,544  96 

7,057  94 

8,753  76 

2,551  07 

80,921  46 

36,472  00 

10,882  73 

6,868  46 

6,002  15 

9,275  86 

10,061  70 

4,906  33 

7,419  53 

8,636  91 

41,907  83 

6,946  89 

4,023  71 

26,176  61 

12,134  34 

2,362  12 

3,428  43 

7,580  58 

5,818  99 


498 


Acts,  1941.  — Chap.  420. 


Worcester  County  —  Concluded. 


Northbridge 

Oakham 

Oxford    . 

Paxton    . 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer  . 

Sterling  . 

Sturbridge 

Sutton     . 

Templeton 

Upton 

Uxbridge 

Warren  . 

Webster 

West  Boylston 

West  Brookfield 

Westborough   . 

Westminster    . 

Winchendon     . 

Worcester 

Total 


Barnstable 

Berkshire 

Bristol     . 

Dukes 

Essex 

Franklin 

Hampden 

Hampshire 

Middlesex 

Nantucket 

Norfolk  . 

Plymouth 

Suffolk    . 

Worcester 


Recapitulation. 


Total 


$16,609  66 

2,872 

64 

8,547 

96 

2,962 

12 

5,623 

71 

2,761 

59 

5,606  87 

4,595 

28 

5,623 

71 

16,914 

91 

7,192 

17 

26,103 

97 

12,877 

47 

6,446 

35 

6,613 

20 

7,402 

15 

8,309 

01 

5,490 

56 

15,985 

41 

7,569 

53 

18,839 

16 

5,813 

73 

4,873 

71 

9,682 

19 

6,746 

35 

14,578 

00 

413,390  89 

$1,062,705  71 

$187,353 

35 

295,773 

82 

638,071 

26 

30,188 

17 

1,020,440 

66 

176,003 

43 

776,225 

14 

172,132 

51 

2,092,285 

50 

21,149 

68 

928,194 

02 

431,373 

91 

2,168,102 

84 

1,062,705 

71 

$10,000,000  00 

Section  2.  The  sums  received  by  each  city  or  town  here- 
under shall  be  expended  only  for  local  highway  purposes, 
including  construction,  reconstruction,  maintenance  and  re- 
pair of  local  roads,  streets  and  highways  other  than  state 
highways,  and  of  surface  drainage  works,  sidewalks,  curbings 
and  bridges,  removal  of  snow,  installation  and  maintenance 
of  traffic  Hghts,  signs  and  signals  and  traffic  policing.  Cities 
and  towns  in  the  metropolitan  parks  district  may  apply,  to 
the  extent  deemed  necessary,  sums  received  hereunder  to  the 
payment  of  their  respective  assessments  in  the  year  of  receipt 
for  the  construction  and  maintenance  of  parkways  and  boule- 


Acts,  1941.  — Chap.  421.  499 

vards  under  the  jurisdiction  of  the  metropoUtan  district 
commission.  Said  sums  received  by  each  city  or  town  here- 
under shall,  in  the  year  of  receipt,  be  included  by  the  asses- 
sors thereof  as  an  estimated  receipt  and  deducted  from  the 
amount  required  to  be  raised  by  taxation  to  meet  appropria- 
tions made  in  that  year  for  highway  purposes.  Said  sums 
may  be  expended  by  a  city  or  town  for  the  purposes  aforesaid 
in  addition  to  federal  funds,  if  any,  allocated  to  such  city  or 
town  and  available  for  such  expenditure. 

Approved  June  26,  194i. 

An  Act  for  the  protection  of  striped  bass.  ChavA21 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  in  part  is  to  protect  striped  bass  p'"®^'"^^®- 
during  the  current  season;    therefore,  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  eriaded,  etc.,  as  follows: 

Section  1.  No  person  shall  sell,  offer  for  sale,  or  have 
in  his  possession  any  striped  bass  measuring  less  than  sixteen 
inches  from  the  apex  of  the  fork  of  the  tail  to  the  farthest 
extremity  of  the  head.  Whoever  violates  this  section  shall 
be  punished  by  a  fine  of  not  less  than  ten  dollars  for  each 
such  fish. 

Section  2.  No  person  shall  take,  or  attempt  to  take, 
with  or  by  the  use  of  a  net,  seine  or  any  other  contrivance  of 
any  kind  or  description,  except  hook  and  line,  any  striped 
bass  within  the  jurisdiction  of  the  commonwealth;  provided, 
that  it  shall  not  be  a  violation  of  this  section  for  any  person 
to  take  striped  bass  by  means  of  such  seine,  net  or  other 
contrivance,  while  fishing  for  other  fish  for  the  catching  of 
which  the  use  of  such  seine,  net  or  other  contrivance  is  per- 
mitted, if  such  striped  bass  is  immediately  returned  alive 
to  the  waters  from  which  taken;  and  provided,  further,  that 
this  section  shall  not  affect  the  taking  of  striped  bass  by 
means  of  seines  under  authority  of  chapter  fifty-two  of  the 
acts  of  eighteen  hundred  and  ninety-one,  or  the  taking  of 
such  fish  in  fish  traps  licensed  under  section  twenty  of  chap- 
ter one  hundred  and  thirty  of  the  General  Laws,  or  similar 
provisions  of  law  in  force  while  this  act  is  in  operation,  but 
such  traps  may  be  examined  by  the  director,  or  some  person 
thereunto  authorized  by  him  in  writing,  and  if  it  appears, 
after  such  examination,  that  such  trap  is  constructed  or 
operated  for  the  primary  purpose  of  taking  striped  bass,  the 
director,  after  a  hearing,  may  in  writing  order  the  licensee  to 
alter  the  construction  or  operation  of  such  trap,  and  any 
licensee  who  fails  to  so  alter  such  trap  within  forty-eight 
hours  after  notice  therefor  has  been  received  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  for  each 
day  or  part  thereof  that  such  trap  remains  in  operation  con- 
trary to  such  order. 


500 


Acts,  1941.  — Chaps.  422,  423. 


Whoever  violates  any  provision  of  this  section  for  which 
no  other  penalty  is  provided  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  five  hundred  dollars. 

Section  3.  This  act  shall  become  inoperative  on  Janu- 
ary first,  nineteen  hundred  and  forty-five. 

Approved  June  27,  lO^l. 


G.  L.  (Ter. 
Ed.),  94,  new 
section  277A, 
added. 

Labelling 
furs,  etc. 


ChavA22  An  Act  requiring  the  marking  or  labelling  of  furs, 

IMITATION  FURS  AND  ARTICLES  MADE  THEREFROM,  AND 
PROHIBITING  MISREPRESENTATION  IN  SUCH  MARKS  OR 
LABELS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-four  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  two  hundred  and  seventy- 
seven,  as  appearing  in  the  Tercentenary  Edition,  under  the 
caption  furs,  etc.j  the  following  new  section:  —  Section 
277 A.  All  natural,  dyed  or  imitation  furs,  and  all  articles 
made  wholly  or  partly  therefrom,  sold  at  retail  within  the 
commonwealth,  shall  be  plainly  marked  or  labelled  with  an 
accurate  statement  of  the  material  which  they  contain,  to- 
gether with  the  name  and  address  of  the  seller.  If  such 
statement  refers  to  the  fur  or  other  material  by  a  trade  name, 
it  shall  further  designate  it  by  the  true  name  or  names  of  the 
animal  or  animals  from  which  such  fur  is  taken  or  of  such 
other  material.  In  the  case  of  fur,  such  statement  shall  fully 
disclose  that  the  fur  sold  or  contained  in  the  article  sold  is 
dyed,  or  that  the  fur  or  article  is  made  of  pieces  of  fur  other 
than  whole  skins,  if  such  is  the  fact.  Such  statement  shall 
contain  no  misrepresentation  as  to  the  place  from  which  the 
fur  or  other  material  came,  as  to  the  manufacturer  of  the 
article,  or  as  to  any  other  matter,  and  shall  be  plainly  and 
permanently  marked  or  branded  on  the  inside  of  the  skin,  or 
plainly  set  forth  in  a  permanent  label  firmly  sewed  to  the 
material  or  article  or  to  the  permanent  lining  of  the  article. 
Whoever  violates  any  provision  of  this  section  shall  be  pun- 
ished by  a  fine  of  not  more  than  two  hundred  dollars. 

Approved  June  27,  1941. 


ChavA23  An  Act  authorizing  the  absence  from  public  schools 

AT  CERTAIN  TIMES  OF  CHILDREN  FOR  THE  PURPOSE  OF 
religious  EDUCATION  AND  PROHIBITING  THE  EXPENDI- 
TURE OF  PUBLIC  FUNDS  FOR  SUCH  EDUCATION  OR  FOR 
TRANSPORTATION  INCIDENTAL  THERETO. 


G.  L.  (Ter. 
Ed.).  76,  §  1. 
etc.,  amended. 


Absence  for 

religious 

inBtruction. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  seventy-six  of  the  General  Laws,  as 
amended  by  section  three  of  chapter  four  hundred  and  sixty- 
one  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
further  amended  by  inserting  after  the  word  "months"  in 
the  thirty-seventh  fine  the  following  new  sentence:  —  Ab- 
sences may  also  be  permitted  for  rehgious  education  at  such 


Acts,  1941.  —  Chaps.  424,  425.  501 

times  as  the  school  committee  may  estabhsh;  provided, 
that  no  pubHc  funds  shall  be  appropriated  or  expended  for 
such  education  or  for  transportation  incidental  thereto;  and 
provided,  further,  that  such  time  shall  be  no  more  than  one 
hour  each  week.  '  Approved  June  30,  1941. 

An  Act  authorizing  the  city  of  westfield  to  appro-  (Jhn'ry  404 

PRIATE    MONEY    TO    PROVIDE    FACILITIES    FOR    THE    HOLD-  ^' 

ING    IN    SAID    CITY    OF    THE    STATE    CONVENTION    OF    THE 
VETERANS    OF   FOREIGN   WARS    OF   THE    UNITED    STATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Westfield  may  appropriate  a  sum 
not  exceeding  twenty-five  hundred  dollars,  for  the  purpose 
of  providing  proper  facilities  for  public  entertainment  at  the 
time  of  the  state  convention  of  the  Veterans  of  Foreign  Wars 
of  the  United  States,  to  be  held  in  said  city  during  the  year 
nineteen  hundred  and  forty-two,  and  of  paying  the  expenses 
incidental  to  such  entertainment.  Money  so  appropriated 
shall  be  expended  under  the  direction  and  control  of  the 
mayor  and  city  council  of  said  city. 

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

Approved  Jidy  3,  19^1. 


An  Act  to  authorize  the  city  of  melrose  to  borrow 
money  for  the  purpose  of  protecting  the  shores  of 

ELL  pond   and   improving   THE   LAND  ADJACENT  THERETO, 
INCLUDING    ATHLETIC    FIELD    DEVELOPMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Melrose  may  borrow  from  time  to 
time,  within  a  period  of  five  years  from  the  effective  date 
of  this  act,  such  sums  of  money  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  two  hundred  and  twenty-five 
thousand  dollars,  for  the  purpose  of  protecting  the  shores  of 
Ell  pond  and  improving  the  land  adjacent  thereto,  including 
the  high  school  grounds  and  athletic  field  located  on  Lynn 
Fells  Parkway,  by  building  walls,  dikes,  drains  and  other 
necessary  works,  filling  and  grading  said  land,  and  for  the 
improvement  and  development  of  said  athletic  field,  includ- 
ing the  construction,  alteration  and  enlargement  of  buildings 
and  structures  thereon,  or  for  any  or  all  of  said  purposes, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Melrose  Ell  Pond  Area  Improvement 
Loan,  1941.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  paid  in  not  more  than 
fifteen  years  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  within  the  statutory  limit  of  indebtedness 
and  shall,  except  as  herein  provided,  be  subject  to  chapter 
forty-four  of  the  General  Laws,  including  the  limitation 
contained  in  the  first  paragraph  of  section  seven  thereof. 
All  moneys  borrowed  under  authority  of  this  act  shall  be 


C/iap.425 


502  Acts,  1941.  —  Chaps.  426,  427. 

expended  under  the  direction  of  the  board  of  park  commis- 
sioners of  said  city,  any  provision  of  general  or  special  law 
to  the  contrary  notwithstanding. 

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

Approved  July  3,  1941. 

ChapA26  An  Act  authorizing  the  town  of  sutton  to  borrow 

MONEY    FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  constructing  a  school 
building  and  of  originally  equipping  and  furnishing  the  same, 
the  town  of  Sutton  may  borrow  from  time  to  time,  within 
a  period  of  five  years  from  the  passage  of  this  act,  such  sums 
as  may  be  necessary,  not  exceeding,  in  the  aggregate,  thirty 
thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Sutton  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.  Indebted- 
ness incurred  under  this  act  shall  be  in  excess  of  the  statu- 
tory 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  July  3,  1941. 

Chap  .427  An  Act  authorizing  the  town  of  phillipston  to  borrow 

money  for  school  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  acquiring  land  for  and 
constructing  a  school  building  and  of  originally  equipping 
and  furnishing  the  same,  the  town  of  Phillipston  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,  ten  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Phillipston  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  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  July  3, 1941. 


Acts,  1941.  —  Chaps.  428,  429.  503 


An  Act  relating  to  the  printing  of  certain  state  maps.  QfiQ^j)  428 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  five  of  the  General  Laws,  as  most  g.  l.  (Ter. 
recently  amended  by  chapter  four  hundred  and  nineteen  of  etc!. 'amended, 
the  acts  of  nineteen  hundred  and  thirty-eight,  is  hereby 
further  amended  by  inserting  after  the  word  "apply"  in 
the  fifth  line  the  words :  —  to  topographic  maps  issued  by 
state  departments,  —  and  by  striking  out,  in  the  sixth  and 
seventh  lines,  the  words  "the  three  following  sections"  and 
inserting  in  place  thereof  the  words :  —  sections  two  to  four, 
inclusive,  —  so  that  the  first  paragraph  will  read  as  follows: 
—  The  division  of  personnel  and  standardization  shall  super-  Printing  of 
vise  the  state  printing  and  all  publications  by  the  common-  ^*^*®  "'*^*" 
wealth  shall  be  printed  under  its  direction;   provided,  that 
the  foregoing  provisions  shall  not   apply  to   topographic 
maps  issued  by  state  departments,  to  legislative  printing  or 
to  pubhcations  required  to  be  issued  by  the  state  secretary 
under  sections   two   to  four,   inclusive,   or  under   chapter 
ninety  of  the  resolves  of  nineteen  hundred  and  twenty  or 
any  other  special  provision  of  law.    All  publications  by  the 
commonwealth  shall  be  distributed  under  the  direction  of 
the  state  secretary  unless  otherwise  provided. 

Approved  July  3,  1941. 


An  Act  relative  to  the  number  of  votes  required  ChapA29 

UPON  A  REFERENDUM  TO  REVERSE  ACTION  OF  THE  REPRE- 
SENTATIVE TOWN  MEETING  IN  THE  TOWN  OF  WEYMOUTH. 

Be  it.enaded,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  sixty-one  of  the  acts 
of  nineteen  hundred  and  twenty-one  is  hereby  amended  by 
striking  out  the  fourth  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  The  questions  submitted  at  the 
said  town  meeting  shall  be  determined  by  vote  of  a  majority 
of  the  registered  voters  of  the  town  voting  thereon  but  no 
action  of  the  representative  town  meeting  shall  be  reversed 
unless  at  least  twenty  per  cent  of  all  the  registered  voters 
shall  so  vote. 

Section  2.  This  act  shall  be  submitted  to  the  registered 
voters  of  said  town  at  its  annual  town  election  in  the  year 
nineteen  hundred  and  forty-two,  in  the  form  of  the  following 
question,  which  shall  be  placed  on  the  official  ballot  to  be 
used  for  the  election  of  town  officers:  "Shall  an  act  passed 
by  the  general  court  in  the  year  nineteen  hundred  and  forty- 
one,  entitled  'An  Act  relative  to  the  number  of  votes  re- 
quired upon  a  referendum  to  reverse  action  of  the  repre- 
sentative town  meeting  in  the  town  of  Weymouth',  be 
accepted?"  If  a  majority  of  the  votes  cast  in  answer  to 
such  question  is  in  the  affirmative,  this  act  shall  become 
effective;  but  not  otherwise.  Approved  July  3,  1941. 


504  .  Acts,  1941.  —  Chap.  430. 


ChapASO  An  Act  relative  to   the  construction,  maintenance 

AND  OPERATION  OF  A  SYSTEM  OR  SYSTEMS  OF  MAIN  DRAINS 
AND  COMMON  SEWERS  IN  THE  TOWN  OF  RUTLAND. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Rutland  may  lay  out,  construct, 
maintain  and  operate  a  complete  system  or  sj-stems  of 
main  drains  and  common  sewers  for  a  part  or  the  whole  of 
its  territorj^,  with  such  connections  and  other  works  as 
may  be  required  for  a  system  of  sewage  disposal,  and  may 
construct  such  sewers  or  drains  over  or  under  land  in  said 
town  as  may  be  necessary  to  conduct  the  sewage  to  the  main 
sewer  known  as  the  Rutland-Holden  trunk  sewer  con- 
structed under  chapter  two  hundred  and  sixty-two  of  the 
acts  of  nineteen  hundred  and  thirty-two,  and,  for  the  pur- 
pose of  providing  better  surface  or  other  drainage,  may 
make,  la}''  and  maintain  such  drains  as  it  deems  best.  For 
the  purposes  aforesaid,  the  town  maj^  within  its  limits, 
make  and  maintain  sul3-drains,  and,  with  the  approval  of 
the  department  of  public  health,  discharge  the  water  from 
such  sub-drains  into  an}^  brook,  stream  or  water  course 
within  the  town. 

Section  2.  The  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  necessar}^  to  con- 
nect any  estate  which  abuts  upon  the  way. 

Section  3.  The  board  of  water  commissioners  of  the 
town  shall,  in  addition  to  the  powers  and  duties  heretofore 
vested  by  law  in  it,  exercise  and  perform  in  said  town  all  the 
powers  and  duties  vested  by  general  law  in  sewer  commis- 
sioners. The  board  shall  hereafter  be  known  as  the  board 
of  water  and  sewer  commissioners. 

Section  4.  Said  board  of  water  and  sewer  commis- 
sioners, acting  for  and  on  behalf  of  said  town,  may  take  by 
eminent  domain  under  chapter  seventj-nine  of  the  General 
Laws,  or  acquire  by  purchase  or  otherwise,  and  hold,  any 
lands,  water  rights,  rights  of  way  or  easements,  pubhc  or 
private,  in  said  town,  necessary  for  accomplishing  any  pur- 
pose 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  waj^,  or  within  the  location  of  any  railroad,  and  may 
enter  upon  and  dig  up  any  private  land,  public  land  or  rail- 
road location,  for  the  purpose  of  laying  such  drains  and 
sewers  and  of  maintaining  and  repairing  the  same,  and  may 
do  any  other  thing  proper  or  necessary  for  the  purposes  of 
this  act;  provided,  that  they  shall  not  take  in  fee  any  land 
of  a  railroad  corporation,  and  that  they  shall  not  enter  upon 
or  construct  any  drain  or  sewer  within  the  location  of  any 
railroad  corporation  except  at  such  time  and  in  such  manner 
as  they  may  agree  upon  with  such  corporation,  or,  in  case 


Acts,  1941.  —  Chap.  430.  505 

of  failure  to  agree,  as  may  be  approved  by  the  department 
of  public  utilities. 

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.  If  the  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  the  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  meeting  at  which  it  determines  the  proportion  of  the 
cost  which  is  to  be  borne  by  the  town,  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  paj^ment  or  payments  of  such  as- 
sessments or  apportionments  thereof  to  the  said  board  who 
shall  preserve  a  record  thereof. 

Section  6.  The  receipts  from  sewer  assessments  and 
from  payments  made  in  lieu  thereof  shall  be  appropriated 
for  and  applied  to  the  payment  of  charges  and  expenses  in- 
cident to  the  maintenance  and  operation  of  said  system  of 
sewerage  and  sewage  disposal  or  to  the  extension  thereof, 
to  the  payment  of  interest  upon  bonds  or  notes  issued  for 
sewer  purposes  or  to  the  payment  or  redemption  of  such 
bonds  or  notes. 

Section  7.  All  contracts  made  by  the  board  of  water 
and  sewer  commissioners  shall  be  made  in  the  name  of  the 
town  and  shall  be  signed  by  the  board,  but  no  contracts 
shall  be  made  or  obligation  incurred  by  said  board  for  any 
purpose  in  excess  of  the  amount  of  money  appropriated  by 
the  town  therefor. 

Section  8.  Said  board  may,  from  time  to  time,  pre- 
scribe rules  and  regulations  for  the  connection  of  estates  and 
buildings  with  main  drains  and  sewers,  and  for  the  inspection 
of  the  materials,  the  construction,  alteration  and  use  of  all 
connections  and  drains  entering  into  such  main  drains  or 
sewers,  and  may  prescribe  penalties,  not  exceeding  twenty 
dollars,  for  each  violation  of  any  such  rule  or  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  Rutland,  if  any  there  be,  and  if  not, 
then  in  some  newspaper  published  in  the  county  of  Worces- 
ter, and  shall  not  take  effect  until  such  publications  have 
been  made. 

Section  9.  No  act  shall  be  done  under  authority  of  the 
preceding  sections,  except  in  the  making  of  surveys  and 
other  prehminary  investigations,  until  the  plans  of  said 
system  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, 


506  Acts,  1941.  —  Chap.  431. 

after  due  notice  to  the  public.  At  such  hearing,  plans  show- 
ing in  detail  all  the  work  to  be  done  in  constructing  such 
system  of  sewerage  and  sewage  disposal  shall  be  submitted 
for  approval  by  said  department. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  majority  of  the  voters  of  said  town 
voting  thereon  at  a  town  meeting  called  for  the  purpose 
within  five  years  after  its  passage,  but  not  otherwise. 

Approved  July  3,  1941- 


ChapASl  ^^  ^^'^  ESTABLISHING  THE  MONTAGUE  CENTER  FIRE  DISTRICT 

IN   THE   TOWN    OF  MONTAGUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  inhabitants  of  the  town  of  Montague, 
liable  to  taxation  in  said  town  and  residing  within  precinct 
three  except  that  portion  included  in  the  Lake  Pleasant 
Fire  District,  shall  constitute  a  fire  district  and  are  hereby 
made  a  body  corporate  by  the  name  of  the  Montague  Center 
Fire  District,  hereinafter  called  the  district,  for  the  purpose 
of  supplying  themselves  with  water  and  facilities  for  the 
extinguishment  of  fires  and  for  no  other  purpose,  with 
power  to  establish  fountains  and  hydrants  and  to  relocate 
and  discontinue  the  same,  and  for  the  purposes  of  assessing 
and  raising  taxes  as  provided  herein  for  the  payment  of 
such  services,  and  for  defraying  the  necessary  expenses  of 
carrying  on  the  business  of  the  district,  subject  to  all  gen- 
eral laws  now  or  hereafter  in  force  relating  to  such  dis- 
tricts, except  as  otherwise  provided  herein.  The  district  shall 
have  power  to  prosecute  and  defend  all  actions  relating  to 
its  property  and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district, 
acting  by  and  through  its  prudential  committee  herein- 
after provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  water  district,  for  whatever  water 
may  be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  lease,  pur- 
chase or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  spring  or  stream,  or  of  any  ground 
sources  of  supply  by  means  of  driven,  artesian  or  other  wells, 
within  the  town  of  Montague  not  already  appropriated 
for  the  purposes  of  a  public  supply,  and  the  water  and  flow- 
age  rights  connected  with  any  such  water  sources;  and  for 
said  purposes  may  take  as  aforesaid,  or  acquire  by  purchase 
or  otherwise,  and  hold,  all  lands,  rights  of  way  and  other 
easements  necessary  for  collecting,  storing,  holding,  puri- 
fying and  preserving  the  purity  of  the  water  and  for  convey- 
ing the  same  to  any  part  of  the  district.  The  district  may 
construct  and  maintain  on  the  lands  acquired  and  held  under 


Acts,  1941.  — Chap.  431.  507 

this  act  proper  dams,  reservoirs,  standpipes,  tanks,  pumping 
plants,  buildings,  fixtures  and  other  structures,  and  may- 
make  excavations,  procure  and  operate  machinery  and  pro- 
vide such  other  means  and  appliances,  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and  main- 
tenance of  an  effective  water  works  for  fire  protection  only; 
and  for  that  purpose  may  construct  pipe  lines,  wells  and 
reservoirs  and  estabhsh  pumping  works,  and  may  construct, 
lay,  acquire  and  maintain  aqueducts,  conduits,  pipes  and 
other  works  under  or  over  any  land,  water  courses,  railroads, 
railways  and  public  or  other  ways,  and  along  such  ways, 
in  said  town,  in  such  manner  as  not  unnecessarily  to  ob- 
struct the  same;  and  for  the  purposes  of  constructing,  laying, 
maintaining,  operating  and  repairing  such  aqueducts,  con- 
duits, pipes  and  other  works,  and  for  all  proper  purposes 
of  this  act,  the  district  may  dig  up  or  raise  and  embank 
any  such  lands,  highways  or  other  ways  in  such  manner  as 
to  cause  the  least  hindrance  to  public  travel  on  such  ways; 
provided,  that  the  manner  in  which  all  things  are  done  upon 
any  such  way  shall  be  subject  to  the  direction  of  the  select- 
men of  the  town  of  Montague.  The  district  shall  not  enter 
upon,  or  construct  or  lay  any  conduit,  pipe  or  other  works 
within,  the  location  of  any  railroad  corporation  except  at 
such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  so  to  agree,  as  may 
be  approved  by  the  department  of  public  utilities.  The 
district  may  enter  upon  any  lands  for  the  purpose  of  making 
surveys,  test  wells  or  pits  and  borings,  and  may  take  or 
otherwise  acquire  the  right  to  occupy  temporarily  any  lands 
necessary  for  the  construction  of  any  work  or  for  any  other 
purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his 
property  by  any  taking  under  this  act  or  any  other  thing 
done  under  authority  thereof  may  recover  such  damages 
from  the  district  under  said  chapter  seventy-nine;  but  the 
right  to  damages  for  the  taking  of  any  water,  water  right 
or  water  source,  or  for  any  injury  thereto,  shall  not  vest 
until  water  is  actually  withdrawn  or  diverted  under  author- 
ity of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary 
expenses  and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may, 
in  addition  to  any  other  authority  to  borrow  under  the 
General  Laws,  borrow  from  time  to  time  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  seven  thou- 
sand dollars,  and  may  issue  bonds  or  notes  therefor,  which 
shall  bear  on  their  face  the  words,  Montague  Center  Fire 
District  Loan,  Act  of  194  L  Each  authorized  issue  shall 
constitute  a  separate  loan,  and  such  loans  shall  be  payable 
in  not  more  than  fifteen  years  from  their  dates.  Indebted- 
ness incurred  under  this  act  shall  be  subject  to  the  provisions 
of  chapter  forty-four  of  the  General  Laws  pertaining  to  such 
districts. 


508  Acts,  1941.  —  Chap.  431. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four  of  this  act;  and,  when  a  vote 
to  that  effect  has  been  passed,  a  sum  which  will  be  sufficient 
to  pay  the  annual  interest  as  it  accrues  on  the  bonds  or  notes 
issued  as  aforesaid  by  the  district,  and  to  make  such  pay- 
ments on  the  principal  as  may  be  required  under  this  act, 
shall  without  further  vote  be  assessed  upon  the  district 
by  the  assessors  of  said  town  of  Montague  annually  there- 
after until  the  debt  incurred  by  said  loan  or  loans  is  ex- 
tinguished. 

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

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed.  The  assessment  shall  be  committed  to 
the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  by  law  for  the  collection  of  town  taxes,  and  shall 
deposit  the  proceeds  thereof  with  the  district  treasurer  for 
the  use  and  benefit  of  the  district.  The  district  may  collect 
interest  on  overdue  taxes  in  the  manner  in  which  interest 
is  authorized  to  be  collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to 
be  held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  qualifica- 
tion of  a  majority  of  the  prudential  committee,  shall  be 
called,  on  petition  of  ten  or  more  legal  voters  therein,  by  a 
warrant  from  the  selectmen  of  said  town,  or  from  a  justice 
of  the  peace,  directed  to  one  of  the  petitioners,  requiring 
him  to  give  notice  of  the  meeting  by  posting  copies  of  the 
warrant  in  two  or  more  public  places  in  the  district  seven 
days  at  least  before  the  time  of  the  meeting.  Such  justice 
of  the  peace,  or  one  of  the  selectmen,  shall  preside  at  such 
meeting  until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall 
preside  until  a  moderator  is  chosen.  At  any  meeting  held 
hereunder  prior  to  the  acceptance  of  this  act,  after  the 
choice  of  a  moderator  for  the  meeting  the  question  of  the 
acceptance  of  this  act  shall  be  submitted  to  the  voters,  and 
if  it  is  accepted  by  a  majority  of  the  voters  present  and 
voting  thereon  it  shall  thereupon  take  effect,  and  the  meet- 
ing may  then  proceed  to  act  on  the  other  articles  in  the 
warrant.  After  the  qualification  of  a  majority  of  the  pru- 
dential committee,  meetings  of  the  district  shall  be  called 
by  warrant  under  their  hands,  unless  some  other  method  be 
provided  by  by-law  or  vote  of  the  district. 


Acts,  1941.  —  Chap.  431.  509 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  shall  have  been  accepted,  or  thereafter 
at  an  annual  meeting  or  at  a  special  meeting  called  for  the 
purpose,  three  persons,  inhabitants  of  and  voters  in  said 
district,  to  hold  office,  one  until  the  expiration  of  three 
years,  one  until  the  expiration  of  two  years,  and  one  until 
the  expiration  of  one  year,  from  the  day  of  the  next  succeed- 
ing annual  district  meeting,  to  constitute  a  prudential  com- 
mittee; and  at  every  annual  district  meeting  following  such 
next  succeeding  annual  district  meeting  one  such  commit- 
teeman shall  be  elected  by  ballot  for  the  term  of  three  years. 
The  date  of  the  next  annual  meeting  shall  be  fixed  by  by- 
law or  by  vote  of  the  prudential  committee,  but  in  no  event 
shall  it  be  later  than  fifteen  months  subsequent  to  the  date 
on  which  the  prudential  committee  were  first  elected.  All 
the  authority  granted  to  the  district  by  this  act,  except 
sections  four  and  five,  and  not  otherwise  specifically  pro- 
vided for,  shall  be  vested  in  said  prudential  committee, 
who  shall  be  subject,  however,  to  such  instructions,  rules 
and  regulations  as  the  district  may  by  vote  impose.  At  the 
meeting  at  which  said  prudential  committee  are  first  elected 
and  at  each  annual  district  meeting  held  thereafter,  the 
district  shall  elect  by  ballot,  each  for  a  term  of  one  year,  a 
clerk  and  a  treasurer  of  the  district.  The  treasurer  shall  not 
be  a  committeeman,  and  shall  give  bond  to  the  district  in 
such  an  amount  as  may  be  approved  by  said  committee  and 
with  a  surety  company  authorized  to  transact  business  in 
the  commonwealth  as  surety.  A  majority  of  said  committee 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Any  vacancy  occurring  in  said  committee  from  any  cause 
may  be  filled  for  the  remainder  of  the  unexpired  term  by 
the  district  at  any  legal  meeting  called  for  the  purpose.  No 
money  shall  be  drawn  from  the  treasury  of  the  district  on 
account  of  its  water  works  except  upon  a  written  order  of- 
said  prudential  committee  or  a  majority  of  them. 

Section  10.  Said  prudential  committee  shall  annually, 
and  as  often  as  the  district  may  require,  render  a  report 
upon  the  condition  of  the  work  under  their  charge,  and  an 
account  of  their  doings,  including  an  account  of  receipts 
and  expenditures. 

Section  11.  The  district  may  adopt  by-laws,  prescribing 
by  whom  and  how  meetings  of  the  district  may  be  called, 
notified,  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight. 

Section  12.  Whoever  wilfully  or  wantonly  diverts  any 
water  obtained  or  supplied  under  this  act,  or  wilfully  or 
wantonly  injures  any  reservoir,  well,  standpipe,  aqueduct, 
pipe  or  other  property  owned  or  used  by  the  district  for  any 
of  the  purposes  of  this  act,  shall  forfeit  and  pay  to  the  dis- 
trict three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort,  and  upon  conviction 


510 


Acts,  1941.  — Chap.  432. 


of  any  of  the  above  wilful  or  wanton  acts  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars  or  by  im- 
prisonment for  not  more  than  six  months. 

Section  13.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  the  district  by  section  one  of  this  act  present 
and  voting  thereon,  by  the  use  of  a  check  list,  at  a  district 
meeting  called,  in  accordance  with  section  eight,  within 
four  years  after  its  passage.  Approved  July  3,  194-1  ■ 


Chav  432  ^^  ■^^'^  relative  to  the  appointment  of  election  offi- 

cers  in  certain  cities. 


G.  L.  (Ter. 
Ed.),  64. 
i  11.  etc., 
amended. 


Election 
officers  in 
certain  cities. 


G.  L.  (Ter. 
Ed.),  54,  new 
section  IIB, 
added. 

List  of  per- 
sons desiring 
appointment 
to  be  furnished 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-four  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  eleven,  as  most 
recently  amended  by  section  six  of  chapter  three  hundred 
and  forty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  and  inserting  in  place  thereof  the  following  section :  — 
Section  11.  Subject  to  section  eleven  B,  the  mayor  of  every 
city,  except  where  city  charters  provide  otherwise  and  except 
as  provided  in  sections  eleven  A  and  thirty-six,  shall  annually 
not  earlier  than  July  fifteenth  nor  later  than  August  fifteenth 
appoint  as  election  officers  for  each  voting  precinct,  one 
warden,  one  deputy  warden,  one  clerk,  one  deputy  clerk, 
four  inspectors  and  four  deputy  inspectors,  who  shall,  at  the 
time  of  their  appointment,  be  enrolled  voters  in  the  ward  of 
which  such  precinct  forms  a  part.  He  may,  in  like  maimer, 
appoint  two  inspectors  and  two  deputy  inspectors  in  addi- 
tion, and  such  additional  inspectors  as  he  may  deem  neces- 
sary, not  less  than  two  nor  more  than  four  for  each  three 
hundred  voters,  to  count  and  tabulate  the  votes  or  to  serve 
at  any  election.  Every  such  appointment  shall  be  filed  in 
the  office  of  the  city  clerk  of  such  city  within  forty-eight 
hours  after  it  is  made,  and  shall  be  acted  on  by  the  aldermen 
not  less  than  three  days  after  the  filing  of  such  appointment 
and  on  or  before  September  first  following.  After  said 
September  first,  the  mayor,  with  the  approval  of  the  alder- 
men, may,  from  time  to  time,  appoint  temporary  additional 
inspectors  to  count  and  tabulate  the  votes.  Records  of 
appointments  made  under  authority  of  this  section  shall  be 
open  to  public  inspection. 

Section  2.  Said  chapter  fifty-four  is  hereby  further 
amended  by  inserting  after  section  eleven  A,  inserted  by 
section  two  of  chapter  seventy-six  of  the  acts  of  nineteen 
hundred  and  thirty-two,  the  following  new  section :  —  Sec- 
tion 11 B.  The  chairman  of  the  city  committee  of  each 
•  political  party  entitled  to  representation  in  the  appointment 
of  election  officers  may,  not  later  than  June  first  in  each  year, 
file  with  the  registrars  an  original  list  and  a  supplemental 
list  of  enrolled  members  of  such  party  who  desire  appoint- 
ment as  election  officers.    The  names  of  such  persons  shall 


Acts,  1941.  — Chap.  433.  511 

be  taken  by  the  chairman  from  Hsts  submitted  to  him  by  the 
several  ward  committees.  Upon  the  fihng  of  such  Hsts  the  Examinationa. 
registrars  shall  forthwith  proceed  to  the  examination  of  such 
persons  and  shall,  on  or  before  June  thirtieth,  submit  to  the 
mayor  or  other  appointing  authority  the  names  of  persons 
whose  names  appear  on  the  lists,  who  in  their  opinion  are 
found  qualified,  after  examination,  to  act  as  election  officers. 
The  original  list  filed  by  the  chairman  shall  contain  not  more 
than  five  names,  and  the  supplemental  list  not  more  than 
three  names,  for  each  office  to  be  filled.  Additional  supple- 
mental lists  for  any  election  district  may  be  filed  at  any  time 
before  the  appointments  for  such  district  are  made,  for  the 
purpose  of  filling  vacancies  which  may  occur  in  the  original 
or  previous  supplemental  lists.  No  person  shall  be  appointed 
as  an  election  officer  until  he  is  found  qualified  to  act  as  such 
as  herein  provided.  Appointments  shall  be  made  from  the 
original  list  before  any  names  are  taken  from  any  supple- 
mental list. 

If,  within  ten  days  after  notice  in  writing  by  the  mayor  or 
other  appointing  authority  to  the  chairman  of  any  political 
committee  by  whom  lists  are  to  be  filed  hereunder,  such 
chairman  shall  neglect  to  file  original  or  supplemental  lists, 
the  mayor  or  other  appointing  authority  may  appoint  en- 
rolled members  of  the  party  as  election  officers  who,  after 
examination  by  the  registrars,  are  found  qualified  to  act  as 
such.  In  cities  where  the  appointing  authority  is  the  board 
of  election  commissioners  or  election  commission,  the  exami- 
nations shall  be  held  by  such  board  or  commission. 

Boards  or  commissions  conducting  examinations  under 
this  section  shall  give  five  days'  notice  of  the  time  and  place 
for  holding  an  examination  to  persons  whose  names  appear 
on  the  lists  filed  hereunder.  Notice  of  intention  to  hold  such 
examinations  shall  also  be  sent  to  the  chairman  of  each 
city  committee,  and  each  such  chairman  may  appear  and  be 
heard  during  the  conduct  of  such  examinations,  either  in 
person  or  by  counsel.  Any  person  who  has  been  examined 
and  found  qualified  to  act  as  an  election  officer  under  this 
section  and  who  has  served  as  such  in  any  state  or  city  elec- 
tion may  be  appointed  an  election  officer  without  further 
examination,  if  his  name  appears  on  an  original  or  supple- 
mental list  filed  hereunder.  Approved  July  9,  1941. 


An  Act  placing  the  positions  of  postmaster  and  as-  Chap  ASS 

SISTANT  POSTMASTER  OF  THE  CENTRAL  MAILING  ROOM 
UNDER  THE  COMMISSION  ON  ADMINISTRATION  AND  FI- 
NANCE   AND    UNDER    CIVIL    SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   eighteen   of   chapter   three   of   the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  amended.  ^^' 
is  hereby  amended  by  striking  out,  in  the  fourth  and  fifth 
lines,  the  words  "a  postmaster  at  a  salary  of  twenty-five 


512 


Acts,  1941.  — Chap.  433. 


Employees  of 

Bergeant-at- 

arms. 

Salaries. 


G.  L.  (Ter. 
Ed.),  3,  §  20, 
etc.,  amended. 


Compensation 
for  travel. 


G.  L.  fTer. 
Ed.),  7,  new 
section  6A, 
added. 

Postmaster, 
etc. 


Postmaster 
and  assistant 
placed  under 
civil  service. 


hundred  dollars ;  an  assistant  postmaster  at  a  salary  of  fif- 
teen hundred  dollars;",  —  and  by  striking  out,  in  the  ninth 
line,  the  word  "annual",  —  so  as  to  read  as  follows:  — 
Section  18.  There  shall  be  a  doorkeeper  for  each  branch, 
each  at  a  salary  of  twenty-seven  hundred  and  fifty  dollars, 
and  such  assistant  doorkeepers  as  it  may  direct,  each  at  a 
salary  of  twenty-two  hundred  dollars;  a  porter  in  the  lobby 
of  the  house  of  representatives  at  a  salary  of  sixteen  hundred 
and  fifty  dollars;  general  court  officers,  each  at  a  salary  of 
two  thousand  dollars;  pages  whose  compensation  shall  be 
seven  hundred  dollars  each  for  the  regular  session  and  a  sum 
not  exceeding  three  dollars  for  each  day's  service  after  such 
session;  a  clerk  to  take  charge  of  the  legislative  document 
room  at  a  salary  of  twenty-seven  hundred  and  fifty  dollars, 
an  assistant  clerk  of  said  room  at  a  salary  of  twenty-one 
hundred  dollars,  and  such  assistants  therein  as  may  be  neces- 
sary, for  whose  fitness  and  good  conduct  the  sergeant-at- 
arms  shall  be  responsible. 

Section  2.  Section  twenty  of  said  chapter  three,  as 
amended  by  section  two  of  chapter  five  hundred  and  eight 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
further  amended  by  striking  out,  in  the  second  and  third 
lines,  the  words  ",  the  postmaster  and  assistant  postmaster", 
—  so  as  to  read  as  follows :  —  Section  20.  The  sergeant- 
at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages,  the  clerks  in  the  sergeant-at-arms'  office, 
and  the  clerk,  assistant  clerk  and  other  assistants  in  the  legis- 
lative document  room  shall  each  receive  in  each  odd-num- 
bered year  four  dollars  and  twenty  cents,  and  in  each  even- 
numbered  year  such  sum  as  may  have  been  appropriated 
for  such  year,  for  eveiy  mile  of  ordinary  traveling  distance 
from  their  places  of  abode  to  the  state  house.  Payments  to 
persons  authorized  to  receive  compensation  under  this  sec- 
tion shall  be  made  from  the  treasury  of  the  commonwealth, 
in  the  month  of  January  of  each  year,  upon  the  certificate 
of  the  sergeant-at-arms  approved  by  the  president  of  the 
senate  and  the  speaker  of  the  house  of  representatives;  pro- 
vided, that  in  each  odd-numbered  year  said  payments  shall 
be  made  as  aforesaid  in  anticipation  of  an  appropriation. 

Section  3.  Chapter  seven  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  sLx,  as  appearing  in  the 
Tercentenary  Edition,  the  following  new  section: — Section 
6 A.  The  commission  shall  appoint  a  postmaster  and  an 
assistant  postmaster  of  the  central  mailing  room  who  shall 
serve  under  the  commission  and  perform  such  duties  as  the 
commission  may  determine. 

"  Section  4.  The  offices  of  postmaster  and  assistant  post- 
master of  the  central  mailing  room,  placed  by  this  act  under 
the  commission  on  administration  and  finance,  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  the  incumbents  thereof  shall  be  unlimited,  subject, 
however,  to  said  laws;  but  the  persons  holding  the  offices  of 


Acts,  1941.  —  Chaps.  434,  435.  513 

postmaster  and  assistant  postmaster  of  the  central  mailing 
room  under  section  eighteen  of  chapter  three  of  the  General 
Laws  on  said  effective  date  shall  serve  in  the  positions  of 
postmaster  and  assistant  postmaster  of  the  central  mailing 
room  created  by  this  act  without  civil  service  examination. 

Approved  July  9,  IQJ^l. 

An  Act  providing  for  the  verification  of  returns  of  (7/iap.434 

BIRTHS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-six  of  the  General  Laws  is  hereby  amended  Ed^iei^new 
by  inserting  after  section  four,   as  appearing  in  the  Ter-  section  4A. 
centenary  Edition,  the  following  new  section :  —  Section  4 A .  *'^^®'^- 
Each  town  clerk,  upon  receipt  of  the  return  of  a  birth  of  a  ofTi^th*'°° 
child  in  his  town,  shall  mail  to  the  parents  of  such  child  a  returna. 
form  of  return  to  be  filled  out  by  the  parents  and  returned 
to  said  clerk  for  the  purpose  of  verifying  the  original  return 
of  said  birth  or  of  supplying  deficiencies  therein.     A  copy 
of  every  such  return  received  from  parents  who  were  resi- 
dents of  a  town  in  the  commonwealth  other  than  the  town 
in  which  the  child  was  born  shall  be  sent  to  the  clerk  of  such 
other  town  in  case  the  facts  verified  in  such  return  differ 
from  the  facts  stated  in  the  certified  copy  of  the  return  of 
such  birth  made  under  section  twelve.     The  clerk  of  the 
town  of  residence  of  the  parents  of  a  child  born  in  another 
town  in  the  commonwealth  who  has  not  received  from  the 
clerk  of  the  town  where  the  child  was  born  a  verification 
return  hereunder  may  mail  such  a  form  of  return  to  said 
parents,  and,  upon  receipt  of  such  return  filled  out  by  the 
parents,  said  clerk  shall  record  the  facts  contained  therein 
for  his  records  and  transmit  the  return  to  the  clerk  of  the 
town  in  which  the  child  was  born. 

Approved  July  9,  1941' 

An  Act  providing  three  year  terms  for  the  treasurer  (JJidnj  435 

AND  THE  COLLECTOR  OF  TAXES  IN  THE  CITY  OF  MALDEN.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  sixty-nine  of  the 
acts  of  eighteen  hundred  and  eighty-one  is  hereby  amended 
by  striking  out  section  fourteen,  as  affected  by  chapter  three 
hundred  and  thirty-two  of  the  acts  of  nineteen  hundred  and 
one  and  by  chapter  one  hundred  and  eighty  of  the  Special 
Acts  of  nineteen  hundred  and  seventeen,  and  inserting  in 
place  thereof  the  following  section:  —  Section  14.  The  city 
council,  as  soon  after  its  organization  as  may  be  convenient, 
in  years  when  it  organizes,  otherwise  on  the  first  Monday  in 
January,  or  as  soon  thereafter  as  may  be  convenient,  shall 
annually  choose,  by  concurrent  vote,  a  city  solicitor  and  a 
city  physician,  who  shall  hold  their  offices  respectively  for 
the  term  of  one  year  next  ensuing  and  until,  the  qualification 


514 


Acts,  1941.  —  Chaps.  436,  437. 


of  their  respective  successors,  and  shall  triennially  choose, 
by  joint  ballot  in  convention,  a  treasurer  and  a  collector  of 
taxes,  who  shall  hold  their  offices  respectively  for  the  term 
of  three  years  next  ensuing  and  until  the  qualification  of 
their  respective  successors;  provided,  that  any  of  the  offi- 
cers named  or  referred  to  in  this  section  may  be  removed 
at  any  time  by  the  city  council  for  sufficient  cause.  Va- 
cancies occurring  in  the  above-named  offices  may  be  filled 
at  any  time  by  concurrent  vote  of  the  city  council.  The 
compensation  of  the  officers  named  or  referred  to  in  this 
section  shall  be  fixed  by  concurrent  vote  of  the  city  council. 
Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  the  city  council  of  the 
city  of  Maiden,  subject  to  the  provisions  of  its  charter,  but 
not  otherwise.  Approved  July  9,  1941. 


ChapASG  ^N  -^<^T  MAKING  THE  PAYMENT  OF  SALARIES  OF  CERTAIN 
PERSONS  EMPLOYED  IN  PRISON  INDUSTRIES  SUBJECT  TO 
APPROPRIATION. 


G.  L.  (Ter. 
Ed.),  127, 
§  72,  etc., 
amended. 


Payment 
of  salaries 
and  bills  for 
tools,  etc. 


Effective 
date. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  one  hundred  and  twenty-seven  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
seventy-two,  as  amended  by  section  eighteen  of  chapter  three 
hundred  and  forty-four  of  the  acts  of  the  current  year,  and 
inserting  in  place  thereof  the  following  section :  —  Section  72. 
Bills  for  tools,  implements,  machinery  and  materials  pur- 
chased by,  and,  subject  to  appropriation,  the  salaries  of 
persons  employed  in,  the  state  prison,  the  Massachusetts 
reformatory,  the  reformatory  for  women,  the  state  prison 
colony  and  the  state  farm,  under  sections  fifty-one  to  seventy, 
inclusive,  shall  be  paid  monthly  by  the  commonwealth,  upon 
schedules  prepared  and  sworn  to  by  the  warden  or  superin- 
tendent and  approved  by  the  commissioner.  Bills  for  tools, 
implements,  machinery  and  materials  purchased  by,  and  the 
salaries  of  persons  employed  in,  the  jails  and  houses  of  cor- 
rection under  said  sections  shall  be  paid  monthly  by  the 
county,  upon  schedules  prepared  and  sworn  to  by  the  master 
or  keeper  and  approved  by  the  commissioner.  The  schedule 
of  bills  for  tools,  implements  and  machinery  and  of  bills  for 
materials  and  salaries  shall  be  kept  separate  from  each  other 
and  from  the  schedules  of  bills  incurred  for  the  maintenance 
of  the  prison,  reformatory,  jail  or  house  of  correction. 

Section  2.  This  act  shall  take  effect  on  December  first, 
nineteen  hundred  and  fortj^-one.       Approved  July  9,  1941. 


Chap.4S7  An  Act  defining  the  term  "personal  injury"  as  used 

IN    THE    W^ORKMEN's    COMPENSATION    LAW    TO    INCLUDE    IN- 
FECTIOUS   OR    CONTAGIOUS    DISEASES   IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

EdY  il^'  Section  one  of  chapter  one  hundred  and  fifty-two  of  the 

§  i'.  etc., '         General  Laws,  as  amended,  is  hereby  further  amended  by 

amended. 


Acts,  1941.  —  Chaps.  438,  439.  515 

inserting  after  paragraph  (7),  as  appearing  in  the  Tercente- 
nary Edition,  the  following  new  paragraph :  — 

(7A)  "Personal  injury"  includes  infectious  or  contagious  Term"Per- _ 
diseases  if  the  nature  of  the  employment  is  such  that  the  definVd"^"^" 
hazard  of  contracting  such  diseases  by  an  employee  is  in- 
herent in  the  employment.  Approved  July  9,  1941. 

An  Act  authorizing  banking  companies  to  sell  certain  Chap  ASS 

NEGOTIABLE    CHECKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-two  A  of  the  General  g-j^-  (Ter.    ■ 
Laws  is  hereby  amended  by  inserting  after  section  fourteen,  new  section 
as  appearing  in  section  four  of  chapter  four  hundred  and  i°' ^^^^d. 
fifty-two  of  the  acts  of  nineteen  hundred  and  thirty-five,  the 
following  new  section: —  Section  15.    Any  such  corporation  Saieof 
which  shall  have  been  authorized  under  section  one  to  do  checks'!^'^ 
the  business  of  a  banking  company  may,  under  regulations 
made  by  the  commissioner,  sell  negotiable  checks  drawn  by 
or  on  it  and  payable  by  or  through  a  trust  company  or  a 
national  banking  association.  Approved  July  9,  1941. 


ChapASQ 


An  Act  relative  to  the  granting  of  common  victual- 
lers' and  innholders'  licenses  in  advance  of  equip- 
ping PREMISES  PROPOSED  TO  BE  USED  FOR  THE  PURPOSES 
OF   SUCH    LICENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  forty  of  the  Gen-  g  l.  (Tct. 
eral  Laws  is  hereby  amended  by  striking  out  section  six,  as  §  e'.  etc.. ' 
amended  by  section  six  of  chapter  four  hundred  and  twenty-  amended. 
four  of  the  acts  of  nineteen  hundred  and  thirty-seven,  and 
inserting  in  place  thereof  the  following  section :  —  Section  6.  ^°™"\^"j.,3 
A  common  victualler's  or  innholder's  license  may  be  issued  or  innhoider's 
to  an  applicant  therefor  if  at  the  time  of  his  appHcation  he  ^'°<'"®«- 
has  upon  his  premises  the  necessarj^  implements  and  facili- 
ties for  cooking,  preparing  and  serving  food  for  strangers 
and  travelers,  and,  in  the  case  of  an  appHcant  for  an  inn- 
holder's  license,  also  has  the  rooms,  beds  and  bedding  re- 
quired by  law.     An  applicant  for  a  license  as  a  common 
victualler  or  as  an  innholder,  proposed  to  be  exercised  upon 
premises  which  have  not  been  equipped  with  fixtures  or  sup- 
plied with  necessary  implements  and  facilities  for  cooking, 
preparing  and  serving  food  and  upon  which,  in  the  case  of 
an  applicant  for  an  innholder's  license,  there  are  not  also 
provided  suitable  rooms,  beds  and  bedding  for  the  lodging 
of  his  guests,  shall  file  with  the  licensing  authorities  a  plan 
showing  the  location  of  counters,  tables,  ranges,  toilets  and 
in  general  the  proposed  set-up  of  the  premises,  which  shall 
include,  in  the  case  of  an  applicant  for  an  innholder's  license, 
a  plan  of  the  proposed  suitable  rooms  for  the  lodging  of  his 
guests  and  a  list  of  the  beds  and  bedding,  which  he  proposes 


516 


Acts,  1941.  — Chap.  440. 


G.  L.  (Ter. 

Ed.),  140. 

§  6A,  repealed. 


to  have  upon  said  premises  if  and  when  the  hcense  may- 
issue,  together  with  an  itemized  estimate  of  the  cost  of  said 
proposed  set-up  and  of  such  fixtures,  and  of  the  implements 
and  facihties  necessary  for  cooking,  preparing  and  serving 
food  and  of  such  beds  and  bedding;  and  thereupon  the 
Hcensing  authorities  may  grant  a  common  victualler's  or  an 
innholder's  license,  as  the  case  may  be,  upon  the  condition 
that  such  license  shall  issue  upon  the  completion  of  the 
premises  according  to  the  plans  and  estimate  submitted,  and 
the  decision  of  the  licensing  authorities  as  to  whether  or  not 
said  premises  are  so  completed  shall  be  final.  For  the  pur- 
poses of  section  twelve  of  chapter  one  hundred  and  thirty- 
eight,  a  person  to  whom  a  license  has  been  granted  under 
this  section  shall  be  deemed  to  be  a  common  victualler  duly 
licensed  under  this  chapter  to  conduct  a  restaurant  or  an 
innholder  duly  licensed  thereunder  to  conduct  a  hotel,  as 
the  case  may  be. 

Section  2.  Section  six  A  of  said  chapter  one  hundred 
and  ioTty,  inserted  by  section  seven  of  said  chapter  four  hun- 
dred and  twenty-four,  is  hereby  repealed. 

Approved  July  9,  1941- 


G.  L.  (Ter. 
Ed.),  59,  §  6, 
etc.,  amended. 


ChapA4:0  An  Act  exempting  from  taxation   certain   property 

HELD    BY    A    CITY,    TOWN    OR    DISTRICT    IN    ANOTHER    CITY 
OR   TOWN   FOR    PUBLIC   AIRPORT   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  six  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section  one 
of  chapter  fiftj^-nine  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  amended  by  adding  at  the  end  the 
following  new  sentence :  —  Revenue  received  for  the  use  of 
such  areas  of  land  within  the  property  so  held  for  the  pur- 
pose of  a  public  airport  as  are  used  for  the  take-off  and  land- 
ing of  airplanes,  including  runways,  taxi  and  transition  strips, 
or  for  the  use  of  buildings  on  such  property,  which  are 
actually  and  exclusively  used  for  servicing  and  repairing  air- 
planes, shall  not  be  deemed  to  be  rent  or  revenue  in  the 
nature  of  rent  within  the  meaning  of  this  paragraph,  —  so 
as  to  read  as  follows :  —  Property  held  by  a  city,  town  or 
district,  including  the  metropolitan  water  district,  in  another 
city  or  town  for  the  purpose  of  a  water  supply,  the  protection 
of  its  sources,  or  of  sewage  disposal,  or  of  a  public  airport, 
if  yielding  no  rent,  shall  not  be  liable  to  taxation  therein; 
but  the  city,  town  or  district  so  holding  it  shall,  annually 
on  July  first,  pay  to  the  city  or  town  where  it  lies  an  amount 
equal  to  that  which  such  city  or  town  would  receive  for  taxes 
upon  the  average  of  the  assessed  values  of  the  land,  which 
shall  not  include  buildings  or  other  structures  except  in  the 
case  of  land  taken  for  the  purpose  of  protecting  the  sources 
of  an  existing  water  supply,  for  the  three  years  last  preceding 
the  acquisition  thereof,  the  valuation  for  each  j'^ear  being 
reduced  by  all  abatements  thereon.    Any  part  of  such  land 


Exemption  of 
property  used 
for  public  air- 
port pxirposes. 


Acts,  1941.  —  Chaps.  441,  442.  517 

or  buildings  from  which  any  revenue  in  the  nature  of  rent 
is  received  shall  be  subject  to  taxation.  Revenue  received 
for  the  use  of  such  areas  of  land  within  the  property  so  held 
for  the  purpose  of  a  public  airport  as  are  used  for  the  take- 
off and  landing  of  airplanes,  including  runways,  taxi  and 
transition  strips,  or  for  the  use  of  buildings  on  such  prop- 
erty, which  are  actually  and  exclusively  used  for  servicing 
and  repairing  airplanes,  shall  not  be  deemed  to  be  rent  or 
revenue  in  the  nature  of  rent  within  the  meaning  of  this 
paragraph.  Approved  July  9,  1941. 

An  Act  relative  to  the  retirement  allowances   of  {JfiQj)  44.]^ 

CERTAIN    foremen,    INSPECTORS,    MECHANICS,    DRAWTEND-  ^' 

ERS,    ASSISTANT    DRAWTENDERS    AND    STOREKEEPERS    FOR- 
MERLY   EMPLOYED    BY   THE    CITY   OF   FALL   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  limitation  of  the  amount  of  the  retire- 
ment allowances  of  foremen,  inspectors,  mechanics,  draw- 
tenders,  assistant  drawtenders  and  storekeepers  formerly  in 
the  employ  of  the  city  of  Fall  River,  hereinafter  called  em- 
ployees, imposed  by  section  one  of  chapter  two  hundred  and 
seventy-eight  of  the  acts  of  nineteen  hundred  and  twenty- 
four,  as  amended  by  section  one  of  chapter  seventy-one  of 
the  acts  of  nineteen  hundred  and  thirty,  shall  not  restrict  the 
retirement  allowances  of  such  of  said  employees  as  were 
retired  by  said  city  thereunder  prior  to  January  first,  nine- 
teen hundred  and  thirty-eight. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  said  city,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  July  9,  1941. 

An  Act  relative  to  the  re-employment  in  their  former  (Jfid^n  442 
positions  of  persons  who  leave  the  same  upon  being 
called  for  military  or  naval  service  during  the 

PRESENT  national  EMERGENCY  AND  ARE  REJECTED  FOR 
SUCH  SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Any  person  who  leaves  a  position  in  the  service  of  any 
employer  upon  being  called  for  service  in  the  military  or 
naval  forces  of  the  United  States  under  the  provisions  of 
the  Federal  Selective  Service  and  Training  Act  of  1940  and 
is  rejected  for  such  service,  shall,  if  mentally  and  physically 
capable,  be  re-employed,  upon  application  for  re-employment 
within  forty  days  after  such  rejection,  in  the  position  held 
by  him  at  the  time  of  receiving  said  call  for  said  military  or 
naval  service.  Whoever  wilfully  neglects  or  fails  to  comply 
with  this  section  shall  be  punished  by  a  fine  of  not  less  than 
one  thousand  dollars  or  by  imprisonment  for  not  more  than 
one  year,  or  both.  Approved  July  9,  1941. 


518 


Acts,  1941.  —  Chaps.  443,  444. 


ChavA4:S  -^^  ^^"^  relative  to  the  equipment  of  commercial  motor 

VEHICLES,    semi-trailers    OR    TRAILERS    USED    IN    INTER- 
STATE   COMMERCE. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'9ol'7  Section  seven  of  chapter  ninety  of  the  General  Laws,  as 

etc!. 'amended,  most  recently  amended  by  chapter  one  hundred  and  fifty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 
hereby  further  amended  by  adding  at  the  end  the  following 
new  paragraph :  — 

Notwithstanding  the  preceding  provisions  of  this  section, 
any  commercial  motor  vehicle,  semi-trailer  or  trailer,  used 
in  interstate  commerce,  which  shall  conform  as  to  its  equip- 
ment with  the  regulations  established  from  time  to  time 
by  the  interstate  commerce  commission  shall  be  deemed  to 
conform  to  the  requirements  of  this  section. 

Approved  July  9, 1941. 


Equipment 
of  certain 
motor  vehicles 


Chap  .44:4:  An  Act  relative  to  adverse  claims  to  certain  bank 

DEPOSITS    AND    TO    CERTAIN    SECURITIES    HELD    BY    BANKS 
FOR    THE   ACCOUNT   OF   OTHERS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter   one   hundred   and   sixty-seven   of   the   General 

8ection^49,"^''^    Laws  is  hereby  amended  by  adding  after  section  forty-eight, 
added.  added  by  section  six  of  chapter  two  hundred  and  forty-four 

of  the  acts  of  nineteen  hundred  and  thirty-nine,  the  fol- 
ciaims  against  lowiug  ucw  scctiou :  —  Scction  Jf.9.  No  individual,  partnership, 
efo.  *^^°*'  ^'  association  or  corporation  doing  a  banking  business  in  the 
commonwealth,  in  this  section  called  the  depository,  shall 
be  required  to  recognize  an  adverse  claim  to  a  deposit  stand- 
ing on  his  or  its  books  to  the  credit  of  or  to  securities  held  for 
the  account  of  any  person,  except  by  virtue  of  the  service 
upon  him  or  it  of  appropriate  process  issued  by  a  court  of 
competent  jurisdiction  in  a  suit  or  action  to  which  such 
person,  or  his  executors  or  administrators,  has  been  made  a 
party,  unless  the  adverse  claimant  gives  bond  satisfactory 
to  the  depository  and  the  adverse  claimant  to  hold  harmless 
and  indemnify  it  from  any  liability,  loss,  damage,  costs  and 
expenses  whatsoever  on  account  of  such  adverse  claim,  or 
files  with  the  depository  an  affidavit  setting  forth  facts 
showing  a  reasonable  cause  for  belief  that  a  fiduciary  rela- 
tionship exists  between  such  person  and  said  adverse  claim- 
ant and  that  such  person  is  about  to  misappropriate  the 
deposit  or  securities  in  question.      Approved  July  9,  1941. 


Acts,  1941.  — Chap.  445.  519 


An  Act  relative  to  the  expense  of  the  making  secure  (7/i(jr).445 

OR  THE  REMOVAL  OF  CERTAIN  BUILDINGS  OR  OTHER  STRUG-  ^' 

TURES    by   THE    BUILDING    COMMISSIONER    OF   THE    CITY    OF 
BOSTON. 

Be  it  enacted f  etc.,  as  follows: 

Section  1.  Chapter  five  hundred  and  fifty  of  the  acts 
of  nineteen  hundred  and  seven  is  hereby  amended  by  strik- 
ing out  section  five,  as  most  recently  amended  by  sec- 
tion two  of  chapter  two  hundred  and  fifty  of  the  acts  of 
nineteen  hundred  and  thirty-one,  and  inserting  in  place 
thereof  the  following  section :  —  Section  5.  The  person 
notified  as  provided  in  the  preceding  section  shall  provide 
sufficient  means  of  egress  in  case  of  fire  satisfactory  to  the 
building  commissioner,  or  shall  comply  with  the  provision 
of  this  act  which  is  being  violated,  or  shall  secure  or  remove 
said  building,  structure,  attachment  or  connection  forth- 
with. If  the  public  safety  so  requires,  the  commissioner, 
with  the  approval  of  the  mayor,  may  at  once  enter  the  build- 
ing or  other  structure  which  he  finds  unsafe  or  dangerous, 
the  land  on  which  it  stands  or  the  abutting  land  or  buildings, 
with  such  assistance  as  he  may  require,  and  secure  or  remove 
the  same,  and  may  erect  such  protection  for  the  pubHc  by 
proper  fence  or  otherwise  as  may  be  necessary,  and  for  this 
purpose  may  close  a  public  highway. 

A  claim  for  the  expense  incurred  by  the  commissioner 
under  this  section  shall  constitute  a  debt  due  the  city  upon 
the  completion  of  the  work  and  the  rendering  to  the  owner  of 
an  account  therefor,  and  shall  be  recoverable  from  the  owner 
in  an  action  of  contract.  Said  debt,  together  with  interest 
thereon  at  the  rate  of  six  per  cent  per  annum  from  the  date 
upon  which  said  debt  became  due,  shall  constitute  a  lien 
upon  the  real  estate  on  or  relative  to  which  the  expense  was 
incurred,  as  hereinafter  provided.  Such  lien  shall  take  effect 
upon  the  filing,  within  ninety  days  after  the  debt  became  due, 
for  record  in  the  registry  of  deeds  for  Suffolk  county,  or,  in 
the  case  of  registered  land,  with  the  assistant  recorder  for  the 
Suffolk  registry  district  of  the  land  court,  of  a  statement  of 
the  claim,  signed  by  the  commissioner,  setting  forth  the 
amount  claimed  without  interest.  Such  lien  shall  continue 
for  two  years  from  the  first  day  of  October  next  following 
the  date  of  filing  said  statement.  Siich  lien  may  be  dissolved 
by  filing  for  record  in  such  registry  of  deeds  or  with  said 
assistant  recorder,  as  the  case  may  be,  a  certificate  from  the 
collector  of  taxes  that  the  debt  for  which  such  lien  attached, 
together  with  interest  and  costs  thereon,  has  been  paid  or 
legally  abated.  The  collector  shall  have  the  same  powers 
and  be  subject  to  the  same  duties  with  respect  to  such  claim 
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  of  land  for  the  non-payment  thereof,  and  the 
redemption  of  land  so  sold  shall  apply. 


520  Acts,  1941.  — Chap.  446. 

The  owner  of  the  real  estate  to  which  a  hen  has  attached, 
as  provided  in  this  section,  within  ninety  days  after  the  state- 
ment of  said  hen  was  filed  in  the  registry  of  deeds  or  with 
said  assistant  recorder,  as  the  case  may  be,  may  apply  in 
writing  to  the  commissioner  for  a  hearing  and  such  hearing, 
after  due  notice,  shall  be  given  by  the  commissioner  within 
a  reasonable  time  thereafter.  The  commissioner,  if  he  is 
satisfied  after  said  hearing  that  the  amount  of  the  claim  is 
more  than  the  amount  actually  expended  to  make  safe  or 
remove  the  building  or  structure,  may  reduce  the  amount 
of  the  claim  to  the  amount  so  actually  expended.  If  the 
owner  of  said  premises  is  aggrieved  by  any  decision  of  the 
commissioner  under  authority  of  this  section  he  may,  within 
thirty  days  after  notice  of  said  decision  has  been  mailed  to 
him,  appeal  to  the  municipal  court  of  the  city  of  Boston, 
which  shall  hear  and  finally  establish  the  amount  of  the  claim. 

Before  beginning  the  removal  of  any  building  or  other 
structure,  the  building  commissioner  shall  give  notice,  by 
mail,  to  the  owner  of  his  right  to  the  material,  upon  request, 
if  he  is  known  and  can  be  found;  otherwise  by  posting  an 
attested  copy  of  such  notice  in  a  conspicuous  place  upon  the 
external  walls  of  such  building.  If  the  owner  claims  the 
material,  he  shall  at  once  so  notify  the  commissioner  in 
writing  and  shall  remove  the  same  within  ten  days  after  the 
building  or  structure  is  taken  down,  and  if  he  fails  to  do  so 
the  building  commissioner  may  dispose  of  the  material. 

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

Approved  July  10,  1941. 


ChapAAQ  An  Act  relative  to  the  expense  of  the  removal  of 

CERTAIN    BUILDINGS    OR    PARTS    THEREOF    BY    THE    HEALTH 
COMMISSIONER    OF   THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  nineteen  of  the 
acts  of  eighteen  hundred  and  ninety-seven  is  hereby  amended 
by  striking  out  section  one,  as  amended,  and  inserting  in 
place  thereof  the  following  section :  —  Section  1 .  When- 
ever the  health  commissioner  of  the  city  of  Boston  shall  be 
of  opinion  that  any  building  or  any  part  thereof  in  said  city 
is  infected  with  contagious  disease,  or  b}^  reason  of  want 
of  repair  has  become  dangerous  to  life,  or  is  unfit  for  use 
because  of  defects  in  drainage,  plumbing,  ventilation,  or  in 
the  construction  of  the  same,  or  because  of  the  existence  of 
a  nuisance  on  the  premises  which  is  likely  to  cause  sickness 
among  its  occupants,  said  commissioner  may  issue  an  order 
requiring  all  persons  therein  to  vacate  or  cease  to  use  such 
building  or  part  thereof  stated  in  the  order,  for  reasons  to  be 
stated  therein  as  aforesaid.  Said  commissioner  shall  cause 
said  order  to  be  affixed  conspicuously  to  the  building  or  part 
thereof,  and  to  be  personally  served  on  the  owner,  lessee, 
agent,  occupant  or  any  person  having  the  charge  or  care 


Acts,  1941.— Chap.  446.  521 

thereof;  if  the  owner,  lessee  or  agent  cannot  be  found  in 
the  said  city,  or  does  not  reside  therein,  or  evades  or  resists 
service,  then  said  order  may  be  served  by  depositing  a 
copy  thereof  in  the  post  office  of  said  city,  postpaid  and 
properl}^  inclosed  and  addressed  to  such  owner,  lessee  or 
agent  at  his  last  known  place  of  business  or  residence.  Such 
building  or  part  thereof  shall  be  vacated  within  ten  days 
after  said  order  shall  have  been  posted  and  mailed  as  afore- 
said, or  within  such  shorter  time,  not  less  than  forty-eight 
hours,  as  in  said  order  may  be  specified,  and  said  building 
shall  be  no  longer  used;  but  whenever  said  commissioner 
shall  become  satisfied  that  the  danger  from  said  building 
or  part  thereof  has  ceased  to  exist,  or  that  said  building  has 
been  repaired  so  as  to  be  habitable,  he  may  revoke  said 
order.  Whenever  in  the  opinion  of  said  commissioner  any 
building  or  part  thereof  in  said  city  is  because  of  age,  in- 
fection with  contagious  disease,  defects  in  drainage,  plumb- 
ing or  ventilation,  or  because  of  the  existence  of  a  nuisance 
on  the  premises  which  is  likely  to  cause  sickness  among  its 
occupants,  or  among  the  occupants  of  other  property  in 
said  city,  or  because  it  makes  other  buildings  in  said  vicinity 
unfit  for  human  habitation  or  dangerous  or  injurious  to 
health,  or  because  it  prevents  proper  measures  from  being 
carried  into  effect  for  remedying  any  nuisance  injurious  to 
health,  or  other  sanitary  evils  in  respect  of  such  other  build- 
ings, so  unfit  for  human  habitation  that  the  evils  in  or 
caused  by  said  building  cannot  be  remedied  by  repairs  or 
in  any  other  way  except  by  the  destruction  of  said  building 
or  of  any  portion  of  the  same,  said  commissioner  may  order 
the  same  or  any  part  thereof  to  be  removed;  and  if  said 
building  is  not  removed  in  accordance  with  said  order  said 
commissioner  shall  remove  the  same. 

Section  2.  Said  chapter  two  hundred  and  nineteen  is 
hereby  further  amended  by  striking  out  section  two  and 
inserting  in  place  thereof  the  following  section:  —  Section  2. 
A  claim  for  the  expense  incurred  by  the  health  commissioner 
of  the  city  of  Boston  under  section  one  shall  constitute  a 
debt  due  the  city  upon  the  completion  of  the  work  and 
the  rendering  to  the  owner  of  an  account  therefor,  and  shall 
be  recoverable  from  the  owner  in  an  action  of  contract. 
Said  debt,  together  with  interest  thereon  at  the  rate  of  six 
per  cent  per  annum  from  the  date  upon  which  said  debt 
became  due,  shall  constitute  a  lien  upon  the  real  estate  on 
or  relative  to  which  the  expense  was  incurred,  as  herein- 
after provided.  Such  lien  shall  take  effect  upon  the  filing, 
within  ninety  days  after  the  debt  became  due,  for  record 
in  the  registry  of  deeds  for  Suffolk  county,  or,  in  the  case 
of  registered  land,  with  the  assistant  recorder  for  the  Suf- 
folk registry  district  of  the  land  court,  of  a  statement  of  the 
claim,  signed  by  said  commissioner,  setting  forth  the  amount 
claimed  without  interest.  Such  lien  shall  continue  for  two 
years  from  the  first  day  of  October  next  following  the  date 
of  filing  said  statement.    Such  hen  may  be  dissolved  by  filing 


522  Acts,  1941.  — Chap.  447. 

for  record  in  such  registry  of  deeds  or  with  said  assistant 
recorder,  as  the  case  may  be,  a  certificate  from  the  collector 
of  taxes  that  the  debt  for  which  such  lien  attached,  together 
with  interest  and  costs  thereon,  has  been  paid  or  legally 
abated.  The  collector  shall  have  the  same  powers  and  be 
subject  to  the  same  duties  with  respect  to  such  claim  as  in 
the  case  of  the  annual  taxes  upon  real  estate,  and  the  pro- 
visions 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  apply. 

The  owner  of  the  real  estate  to  which  a  lien  has  attached, 
as  provided  in  the  preceding  paragraph,  within  ninety  days 
after  the  statement  of  said  lien  was  filed  in  the  registry  of 
deeds  or  with  said  assistant  recorder,  as  the  case  may  be, 
may  apply  in  writing  to  said  commissioner  for  a  hearing 
and  such  hearing,  after  due  notice,  shall  be  given  by  said 
commissioner  within  a  reasonable  time  thereafter.  Said 
commissioner,  if  he  is  satisfied  after  said  hearing  that  the 
amount  of  the  claim  is  more  than  the  amount  actually  ex- 
pended to  remove  the  building  or  part  thereof,  may  reduce 
the  amount  of  the  claim  to  the  amount  so  actually  expended. 
If  the  owner  of  said  premises  is  aggrieved  by  any  decision 
of  said  commissioner  under  authority  of  this  section  he  may, 
within  thirty  days  after  notice  of  said  decision  has  been 
mailed  to  him,  appeal  to  the  municipal  court  of  the  city  of 
Boston,  which  shall  hear  and  finally  establish  the  amount 
of  the  claim. 

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

Approved  July  10,  194L 


ChapA4:7  An  Act  relative  to  the  establishment  and  classifica- 
tion  OF  SALARIES  OF  CLERKS  AND   ASSISTANT   CLERKS   OF 
-     DISTRICT   COURTS    IN   THE    COUNTY    OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  1.     Section  forty-nine  of  chapter  thirty-five  of 

etc^.'amendtd.  the  General  Laws,  as  most  recently  amended  by  section  one 
of  chapter  one  hundred  and  sixty-five  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  is  hereby  further  amended  by 
striking  out,  in  the  fifth  and  sixth  lines,  the  words  "and 
associate  county  commissioners",  —  and  by  striking  out, 
in  the  ninth  line,  the  words  "municipal  court  of  the  city  of 
Boston"  and  inserting  in  place  thereof  the  words:  —  clerks 
and  assistant  clerks  of  district  courts  in  the  county  of  Suffolk, 
o/ cwfaln*'""  —  ^^  ^^  ^^  ^^^^  ^^  follows :  —  Section  49.  Every  office  and 
county  offices,  position  whcrcof  the  salary  is  wholly  payable  from  the  treas- 
ury of  one  or  more  counties,  or  from  funds  administered  by 
and  through  county  officials,  except  the  offices  of  county 
commissioners,  justices  and  special  justices  of  the  district 
courts,  the  messenger  of  the  superior  court  in  the  county  of 
Suffolk,  clerks  and  assistant  clerks  of  the  district  courts 
other  than  the  clerks  and  assistant  clerks  of  district  courts  in 


Acts,  1941.  — Chap.  447.  523 

the  county  of  Suffolk,  trial  justices,  other  offices  and  positions 
filled  by  appointment  of  the  governor  with  the  advice  and 
consent  of  the  council,  court  officers  appointed  in  Suffolk 
county  under  section  seventy  of  chapter  two  hundred  and 
twenty-one,  and  probation  officers,  but  including  the  officer 
described  in  the  first  sentence  of  section  seventy-six  of  said 
chapter  two  hundred  and  twenty-one,  shall  be  classified  by 
the  board  in  the  manner  provided  by  sections  forty-eight  to 
fifty-six,  inclusive,  and  every  such  office  and  position,  now 
existing  or  hereafter  estabHshed,  shall  be  allocated  by  the 
board  to  its  proper  place  in  such  classification.  Offices  and 
positions  in  the  service  of  any  department,  board,  school  or 
hospital  principally  supported  by  the  funds  of  the  county  or 
counties,  or  in  the  service  of  a  hospital  district  established 
under  sections  seventy-eight  to  ninety-one,  inclusive,  of  chap- 
ter one  hundred  and  eleven,  shall  likewise  be  subject  to 
classification  as  aforesaid.  The  word  "salary",  as  used  in 
this  section,  shall  include  compensation,  however  payable; 
but  nothing  in  sections  forty-eight  to  fifty-sLx,  inclusive,  and 
nothing  done  under  authority  thereof,  shall  prevent  any 
person  from  continuing  to  receive  from  a  county  such  com- 
pensation as  is  fixed  under  authority  of  other  provisions  of 
law  or  as  is  expressly  estabUshed  by  law. 

Section  2.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  section  fyg.'ltc^,' 
seventy-nine,  as  amended  by  section  two  of  chapter  three  amended, 
hundred  and  nine  of  the  current  year,  and  inserting  in  place 
thereof  the  following  section :  —  Section  79.     In  courts  other  classified 
than  the  courts  in  Suffolk  county  in  which  the  salaries  of  ^*'*"®^- 
justices  are  fixed  by  section  seventy-eight,  the  salaries  of 
clerks  shall  be  equal  to  seventy-five  per  cent  of  the  salaries 
established  for  the  justices  of  their  respective  courts;    and 
the  salaries  of  assistant  clerks,  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  municipal  court  of  the  Roxbury  dis- 
trict shall  be  forty-five  per  cent  of  the  salary  of  the  clerk  of 
said  court. 

Section  3.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  further  amended  by  striking  out  fgo.'ftc^,' 
section  eighty,  as  most  recently  amended  by  section  two  of  amended. 
chapter  three  hundred  and  seventy-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  and  inserting  in  place  thereof 
the  following  section :  —  Section  80.     The  salaries  of  the  clerks  Salaries  of 
of  the  first  district  court  of  Barnstable,  the  second  district  cirtafn  dis- 
court  of  Essex,  the  district  court  of  Peabody,  the  district  *"<=!  courts, 
court  of   eastern  Hampshire   and    the   second,   third   and 
fourth  district  courts  of  Plymouth  shall  be  equal  to  seventy- 
five  per  cent  of  the  salaries  established  for  the  justices  of 
their  respective  courts. 


524 


Acts,  1941.  — Chap.  448. 


Section  4.  The  salary  of  no  clerk  or  assistant  clerk  in 
office  on  the  effective  date  of  his  classification  under  authority 
of  this  act  shall  be  diminished  by  reason  of  such  classification. 

Section  5.  The  salaries  of  the  clerks  and  assistant  clerks 
of  the  district  courts  in  Suffolk  county  in  force  on  the  effec- 
tive date  of  this  act  shall  continue  in  force  until  classified 
under  authority  of  section  forty-nine  of  chapter  thirty-five 
of  the  General  Laws,  as  appearing  in  section  one  of  this  act. 

Approved  July  10,  1941- 


G.  L.  (Ter. 
Ed.),  221, 
5  73,  etc., 
amended. 


Salaries  of 
certain  court 
officers. 


ChapA'^S  An  Act  providing  for  the  establishment  of  the  sala- 
ries   OP    court    officers    in   attendance    upon    the 

SUPREME    JUDICIAL    COURT    IN    SUFFOLK    COUNTY    BY    THE 
JUSTICES   OF   SAID    COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  twenty-one  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
seventy-three,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  forty-seven  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following  section :  —  Section  73.  Each  officer  in 
attendance  upon  the  superior  court  in  Suffolk  county  who 
is  appointed  under  section  seventy  shall  receive  from  said 
county  in  full  for  all  services  performed  by  him  such  salary 
as  shall  be  fixed  by  the  justices  of  such  court,  subject  to 
section  seventy-three  A.  Each  officer  in  attendance  upon 
the  supreme  judicial  court  in  said  county  shall  receive  in 
full  for  all  services  performed  by  him  such  salary  as  shall 
be  fixed  by  the  justices  of  the  supreme  judicial  court  of 
which  salary  five  hundred  and  twentj^-eight  dollars  shall  be 
paid  by  the  commonwealth  and  the  remainder  by  said  county. 

Section  2.  Section  seventy-three  A  of  said  chapter 
two  hundred  and  twenty-one,  inserted  by  said  section  two 
of  said  chapter  three  hundred  and  forty-seven,  is  hereby 
amended  by  inserting  before  the  word  "Suffolk"  in  the 
second  line  the  words :  —  attendance  upon  the  superior 
court  in,  —  so  as  to  read  as  follows :  —  Section  73 A .  No 
increase  in  the  rate  of  salary  for  any  position  of  court  officer 
in  attendance  upon  the  superior  court  in  Suffolk  county 
referred  to  in  section  seventy-three  shall  be  made  under 
said  section  seventy-three  if  thereby  the  ratio  between  the 
salary  for  such  position  and  the  salary  for  a  comparable 
position  of  court  officer  in  any  other  county,  after  equal 
length  of  service,  would  be  more  favorable  to  such  position 
of  court  officer  in  Suffolk  county  than  was  such  ratio  at 
the  time  this  section  takes  effect. 

Section  3.  Salaries  of  court  officers  in  attendance  upon 
the  supreme  judicial  court  in  Suffolk  county  referred  to  in 
section  one  of  this  act,  in  force  on  the  effective  date  thereof, 
shall  continue  in  force  until  fixed  by  the  justices  of  the  su- 
preme judicial  court,  as  provided  by  said  section  one. 

Approved  July  10,  1941. 


G.  L.  (Ter. 
Ed.),  221, 
5  73A,  etc., 
amended. 


Salaries 
regulated. 


Acts,  1941.  —  Chaps.  449,  450.  525 


An  Act  to  provide  for  the  protection  of  the  shores  fhrjjy  aaq 
IN  the  town  of  marshfield.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, the  department  of  public  works  is  hereby  authorized 
to  carry  out  work  for  the  protection  of  the  shores  in  the 
town  of  Marshfield  from  damage  by  the  sea  and  to  expend 
for  this  purpose  during  the  year  nineteen  hundred  and 
forty-one  a  sum  not  exceeding  forty  thousand  dollars,  of 
which  amount  one  fourth  shall  be  contributed  by  Plymouth 
county,  and  three  fourths  shall  be  expended  from  the  peri- 
odic appropriation  made  for  river  and  harbor  improvement 
under  authority  of  section  eleven  of  chapter  ninety-one  of 
the  General  Laws;  payment  of  any  part  of  said  sum  by  the 
town  of  Marshfield,  other  than  as  a  portion  of  such  county, 
being  omitted  on  account  of  the  recent  catastrophe  suffered 
by  said  town.  Any  of  the  aforesaid  sum  remaining  at  the 
end  of  said  year  may  be  expended  for  said  purpose  in  the 
year  nineteen  hundred  and  forty-two. 

Section  2.  The  money  to  be  contributed  by  said  county 
shall  be  paid  into  the  state  treasury  from  time  to  time  as 
requested  by  said  department,  but  no  work  hereunder  shall 
be  begun  until  the  contribution  or  contributions  so  requested 
have  been  paid  into  such  treasury. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  county 
commissioners  of  Plymouth  county. 

Approved  July  10,  1941. 

An  Act  relative  to  the  disposition  of  books  and  papers  ChavA^Q 
OF   insolvent   insurance   companies   deposited   with 
the  commissioner  of  insurance  by  the  receivers  of 
SUCH  companies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-two  of  chapter  thirty  of  the  g.  l.  (Ter. 
General  Laws,  as  amended  by  chapter  three  hundred  and  etc.. 'amended', 
fifty-nine  of  the  acts  of  nineteen  hundred  and  thirty-six,  is 
hereby  further  amended  by  inserting  after  the  word  "thereof" 
in  the  fourteenth  line  the  words :  —  ,  and  destroy  books  and 
papers  of  insolvent  insurance  companies  deposited  with  the 
commissioner  of  insurance  under  section  one  hundred  and 
seventy-eight  of  chapter  one  hundred  and  seventy-five,  after 
the  expiration  of  six  years  from  the  date  of  such  deposit,  — 
so  as  to  read  as  follows:  —  Section  4^.     The  state  librarian  Disposal  of 
or  a  person  in  his  department  designated  by  him,  an  assist-  obsolete  docu- 
ant  attorney  general  designated  by  the  attorney  general,  °ients,  etc. 
and  the  chairman  of  the  commission  on  administration  and 
finance  or  a  person  in  his  department  designated  by  him, 
acting  as  a  board,  after  consultation  with  the  chairman  of 
any  board  or  commission  or  the  head  of  any  department 


526 


Acts,  1941.  —  Chap.  451. 


or  institution  which  may  be  interested,  may,  either  of  their 
own  motion  or  upon  the  request  of  said  chairman  or  head, 
sell  any  duplicate  volumes  or  documents,  the  property  of  the 
commonwealth,  which  are  held  in  the  state  library  or  any 
other  department,  and  sell  or  destroy,  from  time  to  time, 
obsolete  or  worthless  records,  books  and  documents,  and 
sell  or  destroy  vouchers  after  the  expiration  of  twenty  years 
from  the  date  of  payment  thereof,  and  destroy  books  and 
papers  of  insolvent  insurance  companies  deposited  with  the 
commissioner  of  insurance  under  section  one  hundred  and 
seventy-eight  of  chapter  one  hundred  and  seventy-five,  after 
the  expiration  of  six  years  from  the  date  of  such  deposit.  At 
least  thirty  days  before  selling  or  destroying  any  such  records, 
books,  vouchers  or  documents,  the  board  shall  publish  in  a 
daily  newspaper  in  Boston  a  notice  of  its  intention  so  to 
do,  containing  a  brief  description  or  summary  of  the  articles 
to  be  sold  or  destroyed,  and  it  shall  give  such  other  and 
further  notice  as  it  deems  advisable  to  historical  societies 
or  persons  interested  in  the  matter.  It  may,  and  upon  peti- 
tion of  twenty-five  or  more  citizens  of  the  commonwealth 
shall,  before  selling  or  destroying  any  particular  records, 
books,  vouchers  or  documents,  give  a  public  hearing  to  all 
persons  interested,  and  ten  days'  notice  of  such  hearing  shall 
be  given  in  a  daily  newspaper  published  in  Boston.  Any 
money  received  from  sales  under  this  section  shall  be  paid 
to  the  commonwealth. 
G- L- (Ter.  SECTION  2.     Section  One  hundred  and  seventy-eight  of 

§  178,  amended,  chaptcr  One  hundred  and  seventy-five  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  adding  at  the  end  the  words:  —  ,  subject  to  section  forty- 
two  of  chapter  thirty,  —  so  that  the  last  sentence  will  read 
as  follows :  —  Upon  the  payment  to  the  commonwealth  of 
such  unclaimed  money  or  dividends  by  the  receiver  and  the 
allowance  by  the  court  of  his  final  account,  or  at  the  expira- 
tion of  one  year  after  the  final  settlement  ordered  by  the 
court,  if  he  then  has  in  his  hands  no  unclaimed  money  or 
dividends,  he  shall  deposit  with  the  commissioner  all  books 
and  papers  of  such  company,  including  those  relative  to  his 
receivership,  which  shall  be  preserved  by  the  commissioner, 
subject  to  section  forty-two  of  chapter  thirty. 

Approved  July  10,  1941. 


Deposit  of 
books,  etc., 
by  receivers 
with  com- 
missioner of 
insurance. 


ChapA51  An  Act  to  require  the  countersignature  by  resident 

LICENSED  AGENTS  OF  POLICIES  OR  CONTRACTS  OF  INSUR- 
ANCE AND  SURETYSHIP  AND  INSTRUMENTS  ISSUED  OR  EXE- 
CUTED   BY    CERTAIN    FOREIGN    INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General 
Laws  is  hereby  amended  by  striking  out  section  one  hun- 
dred and  fifty-seven,  as  amended  by  chapter  three  hundred 
and  fifteen  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
and   inserting   in   place   thereof   the   following   section :  — 


G.  L.  (Ter. 
Ed.),  175, 
§  157,  etc., 
amended. 


Acts,  1941.  — Chap.  452.  527 

Section  157.  Foreign  companies  admitted  to  do  business  Foreign  com- 
in  the  commonwealth  shall  make  contracts  of  insurance  thr°ough°re8'i- 
upon  lives,  property  or  interests  therein,  and  annuity  or  ^^^^  agents. 
pure  endowment  contracts  on  lives  therein,  and  contracts 
of  suretyship  with  or  in  favor  of  residents  thereof,  only  by 
lawfully  constituted  and  licensed  resident  agents  therein. 
No  such  company  and  no  officer  or  agent  thereof  shall 
issue  or  deliver,  or  cause  or  permit  to  be  issued  or  delivered, 
in  the  commonwealth  any  policy,  bond  or  other  instrument 
evidencing  any  such  contract,  or  any  certificate,  memo- 
randum or  other  instrument  evidencing  insurance  or  cover- 
age thereunder,  unless  such  policy,  bond,  certificate,  memo- 
randum or  other  instrument  is  countersigned  by  such  a 
resident  agent  of  the  company  in  the  commonwealth;  but 
this  provision  shall  not  apply  to  any  policy  of  life  or  endow- 
ment insurance  or  any  annuity  or  pure  endowment  contract 
or  any  policy  of  accident  or  health  insurance,  issued  by  a 
foreign  company  authorized  to  transact  life  insurance  or 
to  transact  life  insurance  and  any  or  all  of  the  classes  of 
insurance  specified  in  subdivision  (a)  or  {d)  of  clause  Sixth 
of  section  forty-seven. 

No  person  selling  or  financing  the  purchase  or  sale  of  any 
motor  vehicle  or  trailer  registered  or  to  be  registered  in  the 
commonwealth,  or  lending  money  upon  such  a  motor  vehicle 
or  trailer  as  security,  and  no  agent  of  any  such  person,  shall 
deliver  or  cause  or  permit  to  be  delivered  to  the  purchaser 
or  borrower  any  policy  of  insurance  or  bond  issued  or  exe- 
cuted by  such  a  foreign  company  insuring  or  covering  him 
or  his  interest  in  such  motor  vehicle  or  trailer  against  any 
risk  or  hazard  connected  with  such  motor  vehicle  or  trailer, 
or  any  certificate,  memorandum  or  other  instrument  evi- 
dencing such  insurance  or  coverage,  whether  or  not  the 
person  making  such  sale  or  loan  or  financing  such  purchase 
or  sale  is  also  insured  or  covered  under  such  policy  or  bond, 
unless  such  policy,  bond  or  other  instrument  is  counter- 
signed by  a  lawfully  constituted  and  licensed  resident  agent 
of  such  company  in  the  commonwealth. 

This  section  shall  apply  only  to  acts  done  and  contracts 
made  within  the  commonwealth. 

Whoever  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars.  Approved  July  10,  IONI- 

AN Act  relating  to  expenses  of  receiverships  of  in-  ChapA52 

SOLVENT   INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General  Ed^.iTsT' 
Laws  is  hereby  amended  by  striking  out  section  one  hun-  §  179,  etc., 
dred  and  seventy-nine,  as  amended  by  section  two  of  chap-  ^'^^^  ^ 
ter  four  hundred  and  seventy-two  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  inserting  in  place  thereof  the 
following   section:  —  Section  179.      In    any   proceeding   in 


528  Acts,  1941.  —  Chaps.  453,  454. 

Expenses  of  which  application  is  made  by  or  at  the  relation  of  the  cora- 
receiverships.  missioncr  for  the  appointment,  either  temporary  or  per- 
manent, of  a  receiver  of  a  company,  the  commissioner  or  one 
of  his  deputies  or  assistants  may,  in  the  discretion  of  the 
court,  be  appointed  receiver,  and  when  so  appointed  shall 
serve  without  compensation  other  than  his  official  salary. 
When  authorized  in  advance  by  the  court,  counsel  and  other 
assistants  may  be  employed,  and  paid,  from  the  assets  of 
the  company,  such  sums  as  the  court  may  fix.  Expenses 
other  than  those  incurred  for  services  in  the  settlement  of 
the  affairs  of  the  company  shall,  subject  to  the  approval 
of  the  court,  be  paid  from  its  assets.  Nothing  contained 
in  this  section  shall  affect  any  provision  of  sections  one 
hundred  and  eighty  A  to  one  hundred  and  eighty  L,  in- 
clusive. Approved  July  10,  1941- 

ChapA53  An  Act  authorizing  the  town  of  Plymouth  to  appro- 
priate   MONEY    TO    provide    FACILITIES    FOR    HOLDING    IN 
.  SAID    TOWN    DURING    THE    YEAR    NINETEEN    HUNDRED    AND 
FORTY-TWO     THE     STATE      CONVENTION      OF     THE      UNITED 
SPANISH   WAR   VETERANS. 

Be  it  enacted,  etc.,  as  follows: 

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

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

Approved  July  10,  1941- 

ChapA54:  An  Act  relative  to  the  auditing  of  district  accounts 

BY   THE    DIVISION    OF   ACCOUNTS. 

Be  it  enacted,  etc.,  as  follows: 

Ed V  44  ^§'35        Section  thirty-five  of  chapter  forty-four  of  the  General 
ameAded.      '    Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  inserting  after  the  word  "selectmen"  in  the 
tenth  line  the  words :  —  ,  prudential  committee  or  commis- 
sioners, —  and  by  striking  out,  in  the  tenth  and  eleventh 
lines,  the  word  "accounts"  and  inserting  in  place  thereof 
the  words :  —  or  district  accounts,  as  the  case  may  be,  —  so 
Auditing  of       as  to  read  as  follows :  —  Section  35.     Any  town  and  any  fire, 
t?i^t  amounts,    watcr,  light  or  improvement  district,  at  a  meeting  legally 
called  therefor,  may  petition  the  director  for  an  audit  of  its 
accounts  or  for  the  installation  of  an  accounting  system; 
and  said  director,  as  soon  as  possible  after  the  receipt  of  such 
petition,  shall  cause  such  audit  to  be  made  or  system  of 
accounts  to  be  installed.    Any  town  or  district,  at  a  meeting 


Acts,  1941.  — Chaps.  455,  456.  529 

legally  called  therefor,  after  such  accounting  system  has  been 
installed,  may  petition  for  subsequent  audits,  or  may  provide 
in  its  by-laws  for  periodical  audits  under  the  supervision 
of  said  director,  who  shall  cause  such  audits  to  be  made. 
The  selectmen,  prudential  committee  or  commissioners  may 
petition  said  director  for  an  audit  of  the  town  or  district 
accounts,  as  the  case  may  be,  when,  in  their  opinion,  the 
condition  of  the  accounts  is  such  as  to  warrant  the  making 
of  such  audit,  and  said  director,  as  soon  as  possible  after 
the  receipt  of  such  petition,  shall  cause  such  audit  to  be  made. 

Approved  July  10,  1941. 


ChapA55 


An  Act  to  provide  demonstrations  in  forestry  prac- 
tices AND  TO  encourage  THE  REHABILITATION  OF 
FOREST   LANDS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-two  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  six,  as  appearing  f  e'^kmended. 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  6.  The  forester  may  dem-  Advice  to 
onstrate  to  owners  of  woodland,  free  of  charge,  the  proper  TorltlL^^ 
methods  of  planting,  weeding,  selective  cutting,  pruning, 
thinning  and  other  silvicultural  practices  for  the  establish- 
ment, improvement  or  regeneration  of  the  forests.  In  con- 
nection with  the  distribution  of  trees  under  section  nine, 
and  in  the  distribution  of  trees  for  reforestation  in  water 
supply  lands,  town  forests  and  other  pubhcly-owned  areas, 
the  forester  may  withhold  sale  or  distribution  thereof  until 
the  land  to  be  planted  has  been  examined  by  him  or  his 
agent  and  approved  for  such  planting.  He  may  co-operate 
with  the  federal  government  in  carrying  out  the  purposes 
of  this  section  and  may  accept  on  behalf  of  the  common- 
wealth, and  expend  for  such  purposes,  such  federal  funds  as 
may  be  made  available  therefor.  He  may  employ  tempo- 
rarily such  technical  foresters  as  he  deems  necessary  to  dis- 
charge his  duties  under  this  section  and  the  employment 
of  such  persons  shall  not  be  subject  to  chapter  thirty-one. 

Approved  July  10,  1941. 

An  Act  providing  for  the  inclusion  in  group  life  in-  (JJmrf  455 

SURANCE  POLICIES  OF  A  PROVISION  ENTITLING  CERTAIN 
EMPLOYEES  TO  NEW  INSURANCE  IN  CASE  OF  THE  TERMINA- 
TION   OF   THE   POLICY. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty-four  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-five  of  the  General  Laws  is  hereby  amended  f  134/Jt^c., 
by  striking  out  provision  4,  as  most  recently  amended  by  amended, 
chapter  one  hundred  and  seventy  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  inserting  in  place  thereof  the 
f oUowing  provision :  — 


530  Acts,  1941.  — Chap.  457. 

Group  life  4.  Except  in  the  case  of  a  policy  issued  under  subdivision 

poicies.  ^^^  ^^  section  one  hundred  and  thirty-three,  that  the  com- 

pany will  issue  to  the  employer,  for  delivery  to  each  employee 
whose  life  is  insured  under  the  policy,  an  individual  certifi- 
cate specifying  his  insurance  coverage  under  the  policy,  the 
amount  thereof  and  to  whom  payable,  together  with  a  pro- 
vision to  the  effect  that,  in  case  of  the  termination  of  his 
employment  for  any  reason  whatsoever  and  also  in  case  of 
the  expiration  or  other  termination  of  the  policy  after  he 
has  been  insured  thereunder  for  five  or  more  years  immedi- 
ately preceding  such  expiration  or  termination  of  the  policy, 
the  employee  shall  continue  to  be  insured  after  the  termina- 
tion of  the  employment  or  of  the  policy,  as  the  case  may  be, 
for  a  period  of  thirty-one  days,  for  the  amount  of  the  death 
benefit  in  force  at  the  date  of  the  termination  of  the  employ- 
ment or  of  the  policy,  as  the  case  may  be,  and  that  he  shall 
be  entitled  to  have  issued  to  him  by  the  company,  without 
evidence  of  insurability,  upon  written  application  in  a  form 
satisfactory  to  the  company  within  said  period  of  thirty-one 
days,  and  upon  the  payment  of  the  premium  applicable  to 
the  class  of  risk  to  which  he  belongs  and  to  the  form  and 
amount  of  the  policy  at  his  then  attained  age,  an  individual 
policy  of  life  insurance,  effective  at  the  expiration  of  said 
period,  in  any  one  of  the  forms  of  life  policies  customarily 
issued  by  the  company,  except  a  term  policy,  for  an  amount 
equal  to  the  amount  of  the  insurance  in  force  on  his  life 
under  the  group  policy  at  the  date  of  the  termination  of  the 
employment  or  of  the  policy,  as  the  case  may  be,  or,  at  the 
option  of  the  company  in  the  case  of  any  such  termination 
of  the  policy,  for  an  amount  which  shall  in  no  event  exceed 
the  lesser  of  (1)  the  amount  of  such  employee's  insurance 
under  such  group  life  policy  at  the  date  of  such  termination 
of  the  policy  less  any  amount  of  life  insurance  for  which 
he  may  be  or  may  become  eligible  under  any  group  policy 
issued  by  the  same  or  another  company  within  thirty-one 
days  after  such  termination  of  the  policy  and  (2)  two  thou- 
sand dollars;  and,  for  the  purposes  of  this  provision,  the  date 
of  termination  of  the  policy  in  case  of  its  expiration  by  its 
own  terms  shall  be  the  effective  date  of  such  expiration  irre- 
spective of  any  grace  period  specified  in  the  policy  for  the 
payment  of  any  premium  falling  due  on  such  date. 

Approved  July  10,  1941. 

ChapAbl  An  Act  relative  to  the   compensation   of  the   civil 

SERVICE    COMMISSIONERS. 

Emergency  Whereus,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  in  part  to  provide  for  the  per- 
formance of  further  duties  by  members  of  the  civil  service 
commission  during  the  approaching  vacation  period  while 
other  officers  are  absent,  therefore  this  act  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 


Acts,  1941.  — Chaps.  458,  459.  531 

Be  it  enacted,  etc.,  as  follows: 

Section  two  A  of  chapter  thirteen  of  the  General  Laws,  g.  l.  (Xer. 
inserted  by  section  three  of  chapter  two  hundred  and  thirty-  f  2a,  Itc.. 
eight  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  amended. 
hereby  further  amended   by  striking  out   the  fourth  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  — 
Each  commissioner,  including  the  chairman,  shall  receive  Compensation. 
fifteen  dollars  a  day  while  attending  meetings  of  the  com- 
mission, or  while  performing  any  duties  of  his  office  required 
of  him  by  the  chairman  or  by  this  chapter  or  chapter  thirty- 
one,  but  not  more  than  twelve  hundred  dollars  shall  be 
paid  to  any  commissioner  in  any  calendar  year. 

Approved  July  11,  1941. 

An  Act  making  further  provisions  for  the  organiza-  Qfiav  458 

TION    and     equipment    OF    THE    NAVAL     FORCES     OF    THE 
COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  fifty-three  of  chapter  thirty-  g.  l.  (Ter. 
three  of  the  General  Laws,  as  appearing  in  section  one  of  §  i53_  etc., 
chapter  four  hundred  and  twenty-five  of  the  acts  of  nine-  amended, 
teen  hundred  and  thirty-nine,  is  hereby  amended  by  in- 
serting after  the  word  "authority"  in  the  fourth  line  the 
words :  —  ,  or  on  vessels  donated  or  loaned  to  or  purchased 
by  the  commonwealth,  —  and  by  striking  out,  in  the  sixth 
line,  the  words  "United  States",  —  so  as  to  read  as  fol- 
lows:—  Section  153.    The  duty  of  the  naval  militia  may  be  Naval  forces, 
performed  afloat  on  vessels  of  the  navy  or  on  vessels  or  °''sa'^'^ation  of. 
boats  loaned  by  the  secretary  of  the  navy  to  the  governor 
or  other  proper  state  authority,  or  on  vessels  donated  or 
loaned  to  or  purchased  by  the  commonwealth,  for  the  use 
of  the  naval  militia.    The  appropriation  for  the  furnishing, 
repair  and  care  of  any  ships  loaned  to  the  commonwealth 
for  the  use  of  the  naval  militia  shall  be  available  for  the 
payment  of  all  damages  and  other  expenses  incident  to  the 
use  of  such  ships.     Claims  for  damages  shall  be  paid  only 
when  approved  by  the  adjutant  general,  and  a  release,  in 
such  form  as  he  may  prescribe,  shall  be  obtained. 

Approved  July  11,  1941. 

An  Act  imposing  charges  for  printed  copies  of  rules  Chap. 4:59 

FOR    THE    CONSTRUCTION,    INSTALLATION    AND    INSPECTION 
OF   STEAM    BOILERS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  two  of  chapter  one  hundred  and  forty-six  of  the  Sj^{J|''- 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  §  2,  amended, 
is  hereby  amended  by  striking  out  the  last  sentence  and 
inserting  in  place  thereof  the  following  sentence :  —  Such 
rules  shall  be  submitted  to  the  governor  and  council  for 
their  approval,  and  when  approved  shall  have  the  force  of 


532  Acts,  1941.  — Chap.  460. 

law,  shall  be  printed  and  shall  be  furnished,  upon  request, 
free  of  charge,  to  users,  manufacturers  and  insurers  of  boilers, 
and  persons  licensed  under  this  chapter,  and  at  a  charge  of 
twenty-five  cents  to  all  other  persons  requesting  them,  — 
Rules  affect-  SO  as  to  read  as  follows :  —  Section  2.  The  board  shall  f or- 
mg  oiers.  niulatc  rulcs  for  the  construction,  installation  and  inspec- 
tion of  steam  boilers,  and  for  ascertaining  the  safe  working 
pressure  to  be  carried  therein;  prescribe  tests,  if  it  deems 
it  necessary,  to  ascertain  the  qualities  of  materials  used  in 
the  construction  of  boilers;  formulate  rules  regulating  the 
construction  and  sizes  of  safety  valves  for  boilers  of  different 
sizes  and  pressures,  the  construction,  use  and  location  of 
fusible  safety  plugs,  appliances  for  indicating  the  pressure 
of  steam  and  the  level  of  water  in  the  boiler,  and  such  other 
appliances  as  the  board  may  deem  necessary  to  safety  in 
operating  steam  boilers ;  and  make  a  standard  form  of  certifi- 
cate of  inspection.  The  attorney  general  shall  assist  the 
board  in  framing  the  rules.  Such  rules  shall  be  submitted 
to  the  governor  and  council  for  their  approval,  and  when 
approved  shall  have  the  force  of  law,  shall  be  printed  and 
shall  be  furnished,  upon  request,  free  of  charge,  to  users, 
manufacturers  and  insurers  of  boilers,  and  persons  licensed 
under  this  chapter,  and  at  a  charge  of  twenty-five  cents  to 
all  other  persons  requesting  them. 

Approved  July  11,  1941- 

ChapAQO  An  Act  making  common  carriers  liable  for  deaths 
OF  passengers  resulting  from  the  wilful,'  wanton 
or  reckless  acts  of  themselves  or  their  agents 
or  servants. 

Be  it  enacted,  etc.,  as  follows: 

Ed V  229''  Section  1.     Section  two  of  chapter  two  hundred   and 

5  2,  amended,  twcnty-ninc  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  inserting  after  the 
word  "negligence"  in  the  third  line  the  words:  —  or  wilful, 
wanton  or  reckless  act,  —  and  by  inserting  after  the  word 
"carelessness"  in  the  fourth  line  the  words:  —  ,  or  the  wilful, 
Damages  for  wanton  or  rccklcss  act,  —  so  as  to  read  as  follows :  —  Sec- 
negUgence  tiou  2.  If  the  proprietor  of  a  common  carrier  of  passengers, 
except  a  railroad  corporation  or  street  railway  or  electric 
railroad  company,  by  reason  of  his  or  its  neghgence  or  wilful, 
wanton  or  reckless  act,  or  by  reason  of  the  unfitness  or  gross 
negligence  or  carelessness,  or  the  wilful,  wanton  or  reckless 
act,  of  his  or  its  servants  or  agents,  causes  the  death  of  a 
passenger,  he  or  it  shall  be  liable  in  damages  in  the  sum  of 
not  less  than  five  hundred  nor  more  than  five  thousand  dol- 
lars, to  be  assessed  with  reference  to  the  degree  of  culpability 
of  the  defendant  or  of  his  or  its  servants  or  agents,  and  re- 
covered and  distributed  as  provided  in  section  one,  and  to 
the  use  of  the  persons  and  in  the  proportions,  therein  specified. 
G-L.(Ter.  Section  2.     Scctiou  three  of  said  chapter  two  hundred 

S  3',  iimended.    and  twenty-nine,  as  so  appearing,  is  hereby  amended  by 


of  common 
carrier. 


Acts,  1941.  —  Chaps.  461,  462.  533 

inserting  after  the  word  "negligence"  in  the  second  Hne  the 
words :  —  or  wilful,  wanton  or  reckless  act,  —  and  by  insert- 
ing after  the  word  "negligence"  in  the  second  and  third  lines 
the  words :  —  ,  or  the  wilful,  wanton  or  reckless  act,  —  so 
that  the  first  sentence  will  read  as  follows :  —  If  a  corpora-  Penalty  on 
tion  operating  a  railroad,  street  railway  or  electric  railroad,  ^oT&tu>Qs!' 
by  reason  of  its  negligence  or  wilful,  wanton  or  reckless  act, 
or  of  the  unfitness  or  negligence,  or  the  wilful,  wanton  or 
reckless  act,  of  its  agents  or  servants  while  engaged  in  its 
business,  causes  the  death  of  a  passenger,  or  of  a  person  in  the 
exercise  of  due  care  who  is  not  a  passenger  or  in  the  employ- 
ment of  such  corporation,  it  shall  be  punish.ed  by  a  fine  of 
not  less  than  five  hundred  nor  more  than  ten  thousand  dol- 
lars, to  be  recovered  by  an  indictment  prosecuted  within 
one  year  after  the  time  of  the  injury  which  caused  the  death, 
which  shall  be  paid  to  the  executor  or  administrator,  and 
distributed  as  provided  in  section  one;  but  a  corporation 
which  operates  a  railroad  shall  not  be  so  liable  for  the  death 
of  a  person  while  walking  or  being  upon  its  railroad  con- 
trary to  law  or  to  the  reasonable  rules  and  regulations  of  the 
corporation,  and  one  which  operates  an  electric  railroad 
shall  not  be  so  liable  for  the  death  of  a  person  while  so  walk- 
ing or  being  on  that  part  of  its  railroad  not  within  the  limits 
of  a  highway.  Approved  July  11,  1941. 


An  Act  authorizing  the  metropolitan  district  com-  (JJiqj)  461 
mission  to  extend  its  police  patrol  to  the  quabbin 
reservoir. 

Be  it  enacted,  etc.,  as  follows: 

The  metropoUtan  district  commission,  on  behalf  of  the 
commonwealth,  is  hereby  authorized  to  supply  or  furnish 
metropolitan  district  police  to  properly  patrol  and  safeguard 
the  Quabbin  Reservoir,  so  called.  For  this  purpose  said 
commission  may  expend  such  sums  as  may  hereafter  be 
appropriated  and  such  sums  shall  be  a  part  of,  and  assessed 
as,  maintenance  cost  of  the  metropolitan  water  district. 

Approved  July  11,  1941. 


An  Act  relative  to  the  testing  or  pick  clocks  used  ChavAQ2 

IN   TEXTILE    FACTORIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-one  of  chapter  ninety-eight  of  the  Genera]  g.  l.  (Ter. 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended.*  ^*' 
amended  by  inserting  after  the  word  "sealed"  in  the  sixth 
line  the  following :  —  ,  excepting  that  pick  clocks  on  looms 
in  textile  factories,  required  by  section  one  hundred  and 
fifty-six  of  chapter  one  hundred  and  forty-nine,  shall  be 
tested  on  the  request  of  either  an  employer  or  an  employee, 
or  both,  or,  in  any  event,  at  the  discretion  of  the  commis- 


534  Acts,  1941.  — Chap.  463. 

sioner  of  labor  and  industries  or  his  authorized  representa- 
^nd  Belling.^  tive,  —  SO  as  to  read  as  follows:  —  Section  41-  Sealers  shall 
annually  give  public  notice,  by  advertisement  or  by  posting 
notices  in  one  or  more  public  places  in  their  towns  or  dis- 
tricts, to  all  inliabitants,  or  persons  having  usual  places 
of  business  therein,  using  weighing  or  measuring  devices  for 
the  purpose  of  buying  or  selling  goods,  wares  or  merchandise, 
for  public  weighing  or  for  hire  or  reward,  to  bring  them  in 
to  be  tested,  adjusted  and  sealed,  excepting  that  pick  clocks 
on  looms  in  textile  factories,  required  by  section  one  hundred 
and  fifty-six  of  chapter  one  hundred  and  forty-nine,  shall 
be  tested  on  the  request  of  either  an  employer  or  an  employee, 
or  both,  or,  in  any  event,  at  the  discretion  of  the  commis- 
sioner of  labor  and  industries  or  his  authorized  representative. 
Such  sealers  shall  attend  in  one  or  more  convenient  places, 
and  shall  adjust,  seal  or  condemn  such  devices  in  accordance 
with  the  results  of  their  tests,  and  shall  make  a  record  thereof. 

Approved  July  11,  1941- 

ChapA63  An  Act  authorizing  the  sale  of  certain  land  owned 

BY  THE  COMMONWEALTH  IN  THE  TOWN  OF  FRAMINGHAM 
HELD  FOR  MILITARY  PURPOSES  AND  NO  LONGER  NEEDED 
THEREFOR,  AND  INCREASING  THE  AREA  OF  THE  MEMORIAL 
PLOT  AT  THE  STATE  CAMP  GROUND,  SO  CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  armory  commission  and  the  commission 
on  administration  and  finance,  acting  as  a  joint  board,  are 
hereby  authorized,  subject  to  the  approval  of  the  governor 
and  subject  also  to  section  two  of  this  act,  to  sell  and  convey 
the  property,  or  any  part  or  parts  thereof,  owned  by  the 
commonwealth  in  the  town  of  Framingham  and  known  as 
the  Framingham  Muster  Field  or  the  State  Camp  Ground, 
and  which  is  no  longer  needed  for  military  purposes. 

Section  2.  The  property  to  be  sold  and  conveyed  as 
authorized  by  this  act  shall  be  exclusive  of  land  surrounding 
the  present  memorial  monument  located  on  said  State  Camp 
Ground  which  may  be  set  apart  by  the  armory  commission, 
with  the  approval  of  the  governor  and  council,  for  use  as  a 
park  under  authoritj^  of  chapter  three  hundred  and  eighty- 
one  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
the  area  of  land  that  may  be  so  set  apart  under  said  chap- 
ter three  hundred  and  eighty-one  is  hereby  increased  from 
twenty-five  hundred  square  feet  to  forty  thousand  square 
feet. 

Section  3.  Land  sold  under  authority  of  this  act  shall 
be  sold  only  after  the  intention  to  sell  the  same  shall  have 
been  advertised  once  in  each  of  three  successive  weeks  pre- 
ceding the  date  of  such  proposed  sale  in  a  newspaper  pubhshed 
in  the  town  of  Framingham,  and,  except  in  case  of  the  sale 
thereof  to  said  town  of  Framingham,  only  after  the  receipt 
of  sealed  bids  opened  in  pubhc.    Such  land  shall  be  conveyed 


Acts,  1941.  — Chaps.  464,  465.  535 

upon  payment  to  the  state  treasurer  of  the  purchase  price, 
and  there  shall  be  included  in  the  deed  a  statement  that  the 
provisions  of  this  act  have  been  complied  with. 

Approved  July  11,  19 If.!. 


An  Act  authorizing  the  acquisition  by  the  metropoli-  Qjidy  4g4 

TAN  district  COMMISSION,    FOR  WATER   SUPPLY  PURPOSES, 
OF    CERTAIN    LAND    OWNED    BY    THE    TOWN    OF   ARLINGTON. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission,  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,  and  the  town  of  Arlington 
is  hereby  authorized  to  sell  and  convey  to  the  commonwealth, 
for  metropolitan  water  supply  purposes,  a  certain  parcel  of 
land,  two  hundred  feet  square,  situated  upon  Turkey  Hill, 
so  called,  in  said  town  and  acquired  by  said  town  for  water 
purposes  by  order  of  taking  dated  September  twenty-second, 
nineteen  hundred  and  thirteen,  and  recorded  with  Middlesex 
South  District  Deeds  September  thirtieth,  nineteen  hundred 
and  thirteen.  Book  3826,  Page  149,  and  also  a  right  or  ease-  . 
ment  to  use,  for  water  supply  purposes  and  as  a  way  or  other- 
wise, a  certain  parcel  of  land  forty  feet  wide  extending  from 
Dodge  street  to  said  first  mentioned  parcel  of  land,  being  a 
portion  of  the  land  acquired  by  said  town  for  park  purposes 
by  order  of  taking  dated  September  twenty-second,  nineteen 
hundred  and  thirteen,  and  recorded  with  said  Deeds,  Sep- 
tember thirtieth,  nineteen  hundred  and  thirteen,  Book  3826, 
Page  147,  and  being  located  substantially  as  shown  upon  a 
plan  entitled  "Commonwealth  of  Massachusetts  —  Metro- 
politan District  Commission  Water  Division  —  Northern 
Extra  High  Service  Pipe  Lines  —  Proposed  Standpipe,  Force 
Main  and  Access  Road.  Turkey  Hill-Arlington  Scale  1"  = 
40'  January  1941"  on  file  in  the  office  of  the  town  engi- 
neer of  said  town.  For  said  purposes  said  commission  may 
expend  such  sums  as  may  be  appropriated  therefor,  which 
shall  be  apportioned  and  assessed  upon  the  cities  and  towns 
of  the  metropolitan  water  district  in  the  manner  provided 
by  section  twenty-six  of  chapter  ninety-two  of  the  General 
Laws.  Approved  July  14,  1941. 


C/iap.465 


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

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-eight  of  chapter  forty  of  the  o.  l.  (Xer 
General  Laws,  as  amended  by  section  two  of  chapter  one  fsg.'et!!'.. 
hundred  and  seventy-two  of  the  acts  of  nineteen  hundred  amended.' 
and  thirty-eight,  is  hereby  further  amended  by  adding  at  the 
end  the  following  new  paragraph :  — 


536 


Acts,  1941.  — Chap.  466. 


Purchase  of 
water  supply 
restricted. 


G.  L.  (Ter. 
Ed.).  40. 
§  39A,  etc., 
amended. 


Establish- 
ment of 
water  supply. 


Nothing  in  this  section  shall  be  construed  as  authorizing 
any  city  or  town,  any  part  of  which  is  within  ten  miles  of 
the  state  house,  or  any  water  company  owning  a  water  sup- 
ply system  in  any  such  city  or  town,  except  in  case  of  emer- 
gency, to  use,  for  domestic  purposes,  water  in  contravention 
of  any  provision  of  chapter  ninety-two,  and  no  such  city, 
town  or  water  company  shall  purchase  water,  except  in  case 
of  emergency,  from  any  municipality  without  written  per- 
mission so  to  do  by  the  metropolitan  district  commission. 

Section  2.  Said  chapter  forty  is  hereby  further  amended 
by  striking  out  section  thirty-nine  A,  inserted  by  section 
three  of  said  chapter  one  hundred  and  seventy-two,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  39 A . 
A  town,  by  a  majority  of  its  voters  present  and  voting 
thereon  at  a  town  meeting  at  which  the  voting  list  shall  be 
used,  may  establish  a  water  supply  or  water  distributing 
system  and  maintain  and  operate  the  same,  in  accordance 
with  sections  thirty-nine  B  to  thirty-nine  G,  inclusive;  but 
no  such  system  shall  be  established  to  supply  water  in  any 
town  while  the  inhabitants  of  any  part  thereof  are  being 
served  directly  by  a  water  company  or  a  water  supply  dis- 
trict, water  district,  or  fire  district  supplying  water  to  its 
inhabitants,  except  in  accordance  with  section  thirty-eight 
or  with  special  law.  Any  town  may  vote  to  authorize  its 
board  of  selectmen  to  act  as  water  commissioners,  with  all 
the  powers  and  duties  of  such  commissioners,  until  water 
commissioners  shall  be  elected  as  hereinafter  provided.  A 
town  which  has  so  voted  may,  at  an  annual  town  meeting, 
or  at  a  special  town  meeting  called  for  the  purpose  and  held 
at  least  thirty  days  before  the  next  annual  town  meeting, 
vote  that  at  such  next  annual  town  meeting  water  commis- 
sioners shall  be  elected.  Approved  July  I4,  1941' 


Chap. 


466  A.N  Act  abolishing  the  division  of  metropolitan  plan- 
ning OF  THE  METROPOLITAN  DISTRICT  COMMISSION  AND 
transferring  ITS  POWERS  AND  DUTIES  TO  THE  STATE 
PLANNING    BOARD. 


Emergency 
preamble. 


Division  of 
metropolitan 
planning 
abolished. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  is  to  avoid  uimecessary  duplica- 
tion in  government  agencies  and  services;  and  also  would 
extend  the  existence  of  the  division  of  metropolitan  planning 
beyond  the  period  for  which  appropriations  are  provided 
therefor ;  therefore  this  act  is  hereby  declared  to  be  an  enier- 
genc}^  law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  division  of  metropolitan  planning  of  the 
metropolitan  district  commission  is  hereby  abolished.  All 
of  the  powers,  duties  and  obligations  of  said  division  are 
hereby  transferred  to  and  shall  hereafter  be  exercised  and 
performed  by  the  state  planning  board. 


Acts,  1941.  — Chap.  466.  537 

Section  2.     All  employees  of  said  division  shall  be  trans-  Transfer  of 
ferred  to  the  state  planning  board  and  shall  continue  to  per-  ^^^  °^^^^' 
form  their  usual  duties  upon  the  same  terms  and  conditions 
as  heretofore  without  further  examination  and  without  im- 
pairment of  seniority  rights  but  otherwise  shall  be  subject 
to  civil  service  laws  and  rules  where  they  apply. 

Section  3.     All  maps,  charts,  plans,  records  and  all  other  Records,  etc. 
equipment  in  the  possession  of  said  division  or  of  any  member 
or  officer  thereof  shall  be  dehvered  to  the  said  state  planning 
board. 

Section  4.  When  used  in  any  statute,  rule  or  regulation, 
the  phrase  "the  division  of  metropoHtan  planning  of  the 
metropoUtan  district  commission",  or  any  words  connoting 
the  same,  shall  mean  the  state  planning  board,  unless  a  con- 
trary intent  clearly  appears. 

Section  5.  Chapter  six  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  forty-nine,  as  most  recently  ^ttl'ameld^. 
amended  by  section  one  of  chapter  four  hundred  and  fifty- 
one  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  section:  —  Section  stsne 
49.  There  shall  be  a  state  planning  board  of  ten  members,  planning  board, 
in  this  section  and  in  sections  fifty  to  fifty-two,  inclusive, 
called  the  board,  consisting  of  the  commissioner  of  public 
works,  the  commissioner  of  public  health,  the  commissioner 
of  conservation,  the  commigsioner  of  the  metropolitan  dis- 
trict commission,  and  six  members  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  one  of 
whom  shall  be  designated  by  the  governor  as  chairman. 
Any  of  said  commissioners  may,  if  he  so  elects,  designate  a 
person  from  the  personnel- of  his  department  to  represent 
him  on  the  board.  Any  designation  of  his  representative 
by  a  commissioner  as  aforesaid  shall  be  made  by  a  writing 
filed  in  his  office,  and  shall  be  effective  for  such  period  as 
he  may  prescribe  therein,  and  may  at  any  time  be  revoked 
by  him.  The  members  and  employees  of  the  board  shall 
receive  their  traveling  and  other  necessary  expenses  incurred 
in  the  performance  of  their  duties.  Upon  the  expiration  of 
the  term  of  office  of  an  appointive  member,  his  successor 
shall  be  appointed  in  the  manner  aforesaid  to  serve  for  six 
years.  The  board  may  employ  an  executive  secretary  who 
may  be  a  member  of  the  board,  and  a  chief  engineer,  and  may 
appoint  such  assistants  and  temporary  technical  advisers 
as  the  work  of  the  board  may  require.  Such  temporary  tech- 
nical advisers  shall  not  be  subject  to  chapter  thirty-one  and 
may  be  removed  bj^  the  board  at  any  time. 

Section  6.  Sections  five  and  six  of  chapter  twenty-eight  g  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  §§  band 6, 
tion,  are  hereby  repealed.  repealed. 

Section  7.  '  Said  chapter  six  is  hereby  further  amended  g^^.  ^Ter.^ 
by  inserting  after  section  fifty,  inserted  by  section  two  of  section' soa, 
chapter    four    hundred    and    seventy-five    of    the    acts    of  *    ^  ' 
nineteen  hundred  and  thirty-five,  the  following  new  sec- 
tion:—  Section  50 A.    Said  board  shall  investigate  and  make 


538 


Acts,  1941.  — Chap.  467. 


Investigations, 
duties  in 
respect 
thereto. 


Temporary 
pro'i'isions. 


Effective 
date. 


recommendations  as  to  transportation  service  and  facilities 
within  the  district  consisting  of  all  the  cities  and  towns  in 
the  metropolitan  sewer  districts,  and  the  metropolitan 
parks  district,  and  the  co-ordination  thereof  upon  highways, 
roads,  bridges,  waterways,  railroads,  street  railways  and  other 
arteries  of  traffic;  the  manner  of  effecting  such  co-relation- 
ship and  what  improvements  and  new  facilities  should  be 
provided  for  a  comprehensive  and  co-ordinated  development 
of  transportation  for  said  district.  It  shall  confer  with  the 
local  planning  agencies  in  said  district  with  regard  to  such 
projects  as  are  not  of  an  exclusively  local  character.  It  shall 
recommend  the  method  of  carrying  into  effect  and  financing 
the  projects  recommended  by  it,  and  shall  make  such  maps, 
plans  and  estimates  of  cost  as  may  be  needed  for  its  investi- 
gations and  reports,  and  may  employ  such  assistants  therefor 
as  it  deems  necessary.  It  may  sell  such  maps  or  other  maps 
prepared  by  it  from  time  to  time  in  connection  with  the  work 
under  its  charge  at  such  prices  and  on  such  conditions  as  it 
may  determine.  The  various  other  departments,  boards  and 
divisions  of  the  commonwealth,  the  public  trustees,  respec- 
tively, of  the  Boston  Elevated  Railway  Company  and  of 
the  Eastern  Massachusetts  Street  Railway  Company,  the 
street  commissioners,  planning  boards  and  other  officials  of 
cities  and  towns  comprising  said  district,  and  the  various 
public  utilities  operating  therein  may  consult  with  it  and 
furnish  all  facts  and  information  requested  within  their 
knowledge   or   control. 

Section  7A.  On  and  after  the  effective  date  of  this  act, 
the  state  planning  board  shall  consist  of  the  members  con- 
stituting its  membership  immediately  prior  to  said  effective 
date,  together  with  the  commissioner  of  the  metropolitan 
district  commission  added  as  a  member,  ex  officio,  by  sec- 
tion five,  and  the  appointed  members  of  said  board  in  office 
on  said  date  shall  continue  to  hold  office  in  accordance  with 
the  terms  of  their  respective  appointments. 

Section  8.  This  act  shall  take  effect  on  September  first 
in  the  current  year.  Approved  July  14,  1941. 


ChapAQ7  An   Act  exempting   from   taxation   certain   personal 

PROPERTY     OF     CERTAIN     FOREIGN     INSURANCE     CORPORA- 
TIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  fifty-nine  of  the  General  Laws,  as 
amended,  is  hereby  further  amended  by  striking  out  clause 
Sixteenth,  as  most  recently  amended  by  section  one  of  chap- 
ter three  hundred  and  sixty-two  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following  clause :  — 

Sixteenth,  Property,  other  than  real  estate,  poles,  under- 
ground conduits,  wires  and  pipes,  and  other  than  machinery 
used  in  manufacture  or  in  supplying  or  distributing  water, 


G.  L.  (Ter. 
Ed.),  59,  §  5, 
etc.,  amended. 


Taxation  of 
certain  prop- 
erty of  foreign 
insurance 
companies. 


Acts,  1941.  — Chap.  468.  539 

owned  bj^  IMassachusetts  savings  banks  or  co-operative 
banks,  by  Massachusetts  corporations  subject  to  taxation 
under  chapter  sixty-three  except  domestic  business  corpo-' 
rations  as  defined  in  section  thirty  of  said  chapter  or  domes- 
tic manufacturing  corporations,  as  defined  in  section  thirty- 
eight  C  of  said  chapter,  or  by  foreign  corporations  subject 
to  taxation  under  section  twenty,  section  twenty-three  or 
section  fifty-eight  of  said  chapter;  provided,  that,  in  the 
case  of  property  owned  by  foreign  corporations  subject  to 
taxation  under  said  section  twenty  or  under  said  section 
twenty-three,  the  laws  of  the  state  of  incorporation,  or,  in 
the  case  of  foreign  corporations  of  other  nations,  the  laws 
of  the  state  where  they  have  elected  to  establish  their 
principal  office  in  the  United  States,  grant  similar  exemption 
from  taxation  of  tangible  property  owned  by  like  corpora- 
tions organized  under  or  created  by  the  laws  of  the  common- 
wealth; also  property,  other  than  real  estate,  poles,  under- 
ground conduits,  wires  and  pipes,  and  other  than  machinery 
used  in  the  conduct  of  the  business,  owned  by  domestic 
business  corporations  or  by  foreign  corporations,  as  defined 
in  section  thirty  of  chapter  sixty-three;  also  property,  other 
than  real  estate,  poles,  underground  conduits,  wires  and 
pipes,  owned  by  domestic  manufacturing  corporations,  as 
defined  in  section  thirty-eight  C  of  said  chapter,  or  by 
foreign  manufacturing  corporations,  as  defined  in  section 
forty-two  B  of  said  chapter;  provided,  that  the  term  "ma- 
chinery used  in  the  conduct  of  the  business"  shall  not,  as 
herein  used,  be  deemed  to  include  stock  in  trade  and  that 
the  classification  bj^  the  commissioner  of  domestic  business 
corporations  and  foreign  corporations,  as  defined  in  section 
thirty  of  chapter  sixty-three,  of  domestic  manufacturing  cor- 
porations, as  defined  in  section  thirty-eight  C  of  said  chap- 
ter, and  of  foreign  manufacturing  corporations,  as  defined 
in  section  forty-two  B  of  said  chapter,  shall  be  followed 
in  the  assessment  under  this  chapter  of  machinery  used  in 
the  conduct  of  the  business.  A-p'proved  July  I4,  1941- 


An  Act  eelative  to  conditional  sales  of  textile  and  QJiq/q  453 

OTHER  machinery,  SEATS  FOR  THEATRES  AND  OTHER 
PLACES  OF  PUBLIC  ASSEMBLY,  AND  PARTS,  ACCESSORIES, 
APPLIANCES   AND    EQUIPMENT   THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  fifty-five  of  the  General  Laws  G-  L-  (Ter. 
is  hereby  amended  by  inserting  after  section  thirteen  G,  new  sfcHon 
inserted  by  section  two  of  chapter  five  hundred  and  nine  ^^^'  added, 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  the  follow- 
ing new  section:  —  Section  13H.     Sections  twelve,  thirteen,  Application  of 
thirteen  A,  thirteen  D,  thirteen  E,  thirteen  F  and  thirteen  G  uons'ofThe 
shall  not  apply  to   conditional  sales  of  textile  machinery  chapter  to 
or  of  other  machinerj^  used  in  manufacturing,  or  of  seats  for  chiifery,™ro. 
theatres,  halls,  parks  and  places  of  public  assembly,  or  of 


540  Acts,  1941.  —  Chap.  469. 

parts,  accessories,  appliances  or  equipment  for  any  of  the 
foregoing,  or  to  any  contracts,  leases,  receipts  or  other  in- 
struments evidencing  or  affecting  such  conditional  sales  or 
to  the  rights,  duties  or  obligations  of  the  parties  to  such 
contracts,  leases,  receipts  or  other  instruments. 

Approved  July  14,  1941. 


ChapAQ9  An  Act  authorizing  the  city  of  beverly  to  take  by 

EMINENT    DOMAIN    FOR    PUBLIC    AIRPORT    PURPOSES    CER- 
TAIN  PROPERTY   IN   THE   TOWN    OF   DANVERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Beverly  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws 
property  located  in  the  town  of  Danvers  and  hereinafter 
described,  for  any  one  or  more  of  the  purposes  of  establish- 
ing, maintaining  and  operating  thereon  a  public  airport, 
but  said  property  shall  not  be  taken  as  aforesaid  unless  such 
taking  shall  have  previously  been  authorized  by  the  city 
council  of  said  citj^,  nor  until  an  appropriation  of  money,  to 
be  raised  by  loan  or  otherwise,  shall  have  been  made  for  the 
purpose  by  a  two  thirds  vote  of  the  city  council  of  said  city. 
The  property  which  may  be  taken  under  authority  of  this 
section  is  bounded  and  described  as  follows :  — 

Beginning  at  a  point  marked  "A"  on  a  plan  entitled 
"Plan  of  Land  located  in  Danvers,  Mass.  necessary  for 
proposed  development  of  the  Beverly  Municipal  Airport" 
dated  March,  nineteen  hundred  and  forty-one,  made  by 
Albert  H.  Richardson,  commissioner  of  public  works,  and 
filed  in  the  office  of  the  city  clerk  of  the  city  of  Beverly,  said 
point  "A"  being  at  the  corner  of  land  owned  by  Stafford 
N.  Hennigar  and  Gordon  P.  Putnam,  thence  running  in  a 
northeasterly  direction  along  land  of  said  Putnam  about 
two  hundred  and  eighty  feet  to  a  point  marked  "B"  on  said 
plan,  thence  turning  and  running  in  an  easterly  direction 
along  land  of  said  Putnam  about  four  hundred  and  eighty- 
one  feet  to  a  point  marked  "C"  on  said  plan,  said  point 
"C"  being  at  the  intersection  of  line  "B  —  C"  on  said  plan 
and  the  Danvers-Beverly  line,  thence  turning  and  running 
in  a  southerly  direction  along  the  Beverly-Danvers  line  and 
along  land  owned  by  the  city  of  Beverly,  Gordon  P.  Putnam 
and  H.  P.  Hood  &  Sons,  Inc.  about  forty-one  hundred  and 
sixty-five  feet  to  a  point  marked  "D"  on  said  plan,  thence 
turning  and  running  in  a  westerly  direction  along  land  of 
H.  P.  Hood  &  Sons,  Inc.  about  ten  hundred  and  five  feet  to 
a  point  marked  "E"  on  said  plan,  thence  turning  and  run- 
ning in  a  northwesterly^  direction  along  land  of  said  H.  P. 
Hood  &  Sons,  Inc.,  and  the  J.  Brown  est^ite  nine  hundred 
feet  to  a  point  marked  "F"  on  said  plan,  thence  continuing 
in  a  northwesterly  direction  along  land  of  said  J.  Brown 
estate  about  two  hundred  and  ten  feet  to  a  point  marked 
"G"  on  said  plan,  thence  turning  and  running  in  a  northerly 


Acts,  1941.  — Chap.  470.  541 

direction  along  land  of  Stafford  N.  Hennigar  and  said 
J,  Brown  estate  six  hundred  and  ninety-seven  and  forty-six 
hundredths  feet  to  a  point  marked  "H"  on  said  plan, 
thence  turning  and  running  in  an  easterly  direction  along 
land  of  Davis  Casey  two  hundred  and  ninety-nine  and  sixty- 
three  hundredths  feet  to  a  point  marked  "I"  on  said  plan, 
thence  turning  and  running  in  a  northerly  direction  along 
land  of  said  Casey  thirteen  hundred  and  sixty-one  and 
thirty-four  hundredths  feet  to  a  point  marked  "J"  on  said 
plan,  thence  turning  and  running  in  a  westerly  direction 
along  land  of  said  Casey  eighty-one  and  sixty-four  hun- 
dredths feet  to  a  point  marked  "K"  on  said  plan,  thence 
turning  and  running  in  a  northerly  direction  along  Burley 
street  thirteen  hundred  and  seventy-five  and  twenty-one 
hundredths  feet  to  the  point  of  beginning. 

Section  2.  This  act  shall  take  effect  upon  its  passage 
and  shall  become  inoperative  on  April  first,  nineteen  hun- 
dred and  forty-three,  unless  prior  to  said  date  the  taking  of 
property  hereby  authorized  has  been  made. 

Approved  July  15,  19If.l. 


An  Act  providing  for,  and  regulating  the  salary  of,  Qhn^  47Q 

A    THIRD    ASSISTANT    DISTRICT    ATTORNEY    AND    A    DEPUTY  ^' 

DISTRICT  ATTORNEY   IN   THE   SOUTHERN   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fourteen  of  chapter  twelve  of  the  o.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  one  of  ^tll'amended. 
chapter  four  hundred  and  fifty-eight  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  further  amended  by  strik- 
ing out  the  next  to  the  last  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 

For.  the  southern  district,  an  assistant  district  attorney.  Assistant  dis- 
a  second  assistant  district  attorney  and  a  third  assistant  etc*!!  ^oithern 
district  attorney;  and,  if  in  the  opinion  of  the  district  attor-  district. 
ney  the  interests  of  the  commonwealth  require,  with  the 
approval  of  the  chief  justice  of  the  superior  court,  a  deputy 
district  attorney. 

Section  2.     Section  sixteen  of  said  chapter  twelve  is  hereby  g.  l.  (Ter. 
further  amended  by  striking  out  the  next  to  the  last  para-  ^tt!  amended'. 
graph,  as  most  recently  amended  by  section  two  of  chapter 
two  hundred  and  seventy-nine  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven,  and  inserting  in  place  thereof  the  fol- 
lowing paragraph:  — 

For  the  southern  district,  assistant,  three  thousand  six  salaries. 
hundred  dollars;  second  assistant,  three  thousand  dollars; 
third  assistant,  twenty-five  hundred  dollars;  deputy  district 
attorney,  such  compensation  as  shall  be  fixed  by  the  district 
attorney  with  the  approval  of  the  chief  justice  of  the  superior 
court. 

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

Approved  July  15,  1941. 


542  Acts,  1941.  — Chaps.  471,  472. 


Chap  All  An  Act  authorizing  the  lynnfield  center  water  dis- 
trict 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  Lynn- 
field  Center  Water  District,  of  Lynnfield,  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  aggre- 
gate, fifty  thousand  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words,  Lynnfield 
Center  Water  District  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  hereunder  shall  be  outside  the  statu- 
tory limit  of  indebtedness,  but  shall,  except  as  herein  pro- 
vided, be  subject  to  the  provisions  of  chapter  forty-four  of 
the  General  Laws. 

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

Approved  July  15,  1941- 


ChapA72  An  Act  relative  to  nominations  for  municipal  elec- 
tive  OFFICES  IN   THE   CITY   OF  BOSTON. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  fifty-three  of  chapter  four  hundred 
and  eighty-six  of  the  acts  of  nineteen  hundred  and  nine,  as 
most  recently  amended  by  section  one  of  chapter  one  hun- 
dred and  five  of  the  acts  of  nineteen  hundred  and  twenty- 
six,  is  hereby  further  amended  by  striking  out,  in  the  sixth 
line,  the  word  "sixth"  and  inserting  in  place  thereof  the 
word :  —  eighth,  —  so  that  the  first  paragraph  will  read  as 
follows :  —  Any  registered  voter  who  is  qualified  to  vote  for 
a  candidate  for  any  municipal  elective  office  in  such  city 
may  be  a  candidate  for  nomination  thereto,  and  his  name 
as  such  candidate  shall  be  printed  on  the  official  ballot  to 
be  used  at  the  municipal  election;  provided,  that  at  or  be- 
fore five  o'clock  P.M.  of  the  eighth  Tuesday  prior  to  such 
election  nomination  papers  prepared  and  issued  by  the  elec- 
tion commissioners,  signed  in  person  for  the  nomination  for 
mayor  by  at  least  three  thousand  registered  voters  in  said 
city  qualified  to  vote  for  such  candidate  at  said  election, 
signed  in  person  for  the  nomination  for  school  committee 
by  at  least  two  thousand  registered  voters  in  said  city  quali- 
fied to  vote  for  such  candidate  at  said  election  and  signed  in 
person  for  the  nomination  for  city  councillor  by  at  least 
three  hundred  registered  voters  in  the  ward,  for  which  said 
nomination  is  sought,  qualified  to  vote  for  such  candidate 
at  said  election  shall  be  filed  with  said  election  commission- 
ers and  the  signatures  on  the  same  to  the  number  required 
to  make  the  nomination  subsequently  certified  by  the  elec- 


Acts,  1941.  — Chap.  472.  543 

lion  ooiuinissionors  as  horeinaftor  providrd.     Said  iiomiiui- 
(ion  papers  shall  be  in  siibstaiilially  the  followiiig  form: 

Section  2.  Section  fifty-four  of  said  chapter  four  hun- 
dred and  eighty-six,  as  most  recently  amended  by  section 
two  of  said  chapter  one  hundred  and  five,  is  hereby  further 
amended  by  striking  out,  in  the  eleventh  line,  the  word 
"ninth"  and  inserting  in  place  thereof  the  word:  —  eleventh, 
—  so  as  to  read  as  follows:  —  Section  54.  If  a  candidate 
nominated  as  aforesaid  dies  before  the  day  of  election,  or 
withdraws  his  name  from  nomination,  or  is  found  to  be  in- 
eligible, the  vacancy  may  be  filled  by  a  committee  of  not 
less  than  five  persons,  or  a  majority  thereof,  if  such  com- 
mittee be  named,  and  so  authorized  in  the  nomination  papers. 
Nomination  papers  shall  not  include  candidates  for  more 
than  one  office.  Every  voter  may  sign  as  many  nomination 
papers  for  each  office  to  be  filled  as  there  are  persons  to  be 
elected  thereto  and  no  more.  Nomination  papers  shall  be 
issued  by  the  board  of  election  commissioners  on  and  after 
but  not  before  the  eleventh  Tuesday  preceding  the  regular 
municipal  election.  Such  papers  shall  be  issued  only  to 
candidates  who  shall  file  with  the  election  commissioners 
requests  therefor  in  writing,  containing  their  names  with 
the  first  or  middle  name  in  full,  the  offices  for  which  they 
are  candidates,  and  their  residences,  with  street  and  num- 
ber, if  any.  Forthwith  the  election  commissioners  shall 
print  or  insert  on  such  nomination  papers  the  names  of  the 
candidates,  the  offices  for  which  they  are  nominated  and 
their  residences,  with  street  and  number,  if  any.  Not  more 
than  three  hundred  such  nomination  papers  shall  be  issued 
to  any  candidate  for  mayor,  and  not  more  than  two  hundred 
such  nomination  papers  shall  be  issued  to  any  candidate  for 
the  school  committee  and  to  any  candidate  for  the  city  council 
there  shall  be  issued  not  more  than  ten  such  nomination 
papers  for  a  ward.  No  nomination  papers  except  those  is- 
sued in  accordance  with  the  provisions  of  this  section  shall 
be  received  or  be  valid. 

Section  3.  Section  fifty-six  of  said  chapter  four  hundred 
and  eighty-six,  as  most  recently  amended  by  section  three 
of  said  chapter  one  hundred  and  five,  is  hereby  further 
amended  by  striking  out,  in  the  fourteenth  line,  the  word 
"twentieth"  and  inserting  in  place  thereof  the  word:  — 
thirty-fourth,  —  by  striking  out,  in  the  nineteenth  line,  the 
word  "fourteenth"  and  inserting  in  place  thereof  the  word: 
—  twenty-eighth,  —  and  by  striking  out,  in  the  twenty- 
second  line,  the  word  "thirteenth"  and  inserting  in  place 
thereof  the  word:  —  twenty-seventh,  —  so  as  to  read  as 
follows:  —  Section  56.  The  names  of  candidates  appearing 
on  nomination  papers  shall  when  filed  be  a  matter  of  public 
record ;  but  the  nomination  papers  shall  not  be  open  to  pub- 
lic inspection  until  after  certification.  After  such  nomina- 
tion papers  have  been  filed,  the  election  commissioners  shall 
certify  thereon  the  number  of  signatures  which  are  the  names 
of  registered  voters  in  the  city  qualified  to  sign  the  same. 


544 


Acts,  1941.  — Chap.  473. 


G.  L.  (Ter. 
Ed.),  53,  §  10, 
etc.,  amended. 


They  shall  not  certify  a  greater  number  of  names  than  are 
required  to  make  a  nomination,  with  one  tenth  of  such 
number  added  thereto.  All  .such  papers  found  not  to  con- 
tain a  number  of  names  so  certified  equivalent  to  the  number 
required  to  make  a  nomination  shall  be  invalid.  The  elec- 
tion commissioners  shall  complete  such  certification  on  or 
before  five  o'clock  p.m.  on  the  thirty-fourth  day  preceding 
the  city  election.  Such  certification  shall  not  preclude  any 
voter  from  filing  objections  as  to  the  validity  of  the  nomina- 
tion. All  withdrawals  and  objections  to  such  nominations 
shall  be  filed  with  the  election  commissioners  on  or  before 
five  o'clock  P.M.  on  the  twenty-eighth  day  preceding  the  city 
election.  All  substitutions  to  fill  vacancies  caused  by 
withdrawal  or  ineligibility  shall  be  filed  with  the  election 
commissioners  on  or  before  five  o'clock  p.m.  on  the  twenty- 
seventh  day  preceding  the  city  election. 

Section  4.  The  second  paragraph  of  section  ten  of  chap- 
ter fifty-three  of  the  General  Laws,  as  most  recently  amended 
by  chapter  two  hundred  and  seventy-eight  of  the  acts  of 
nineteen  hundred  and  forty-one,  is  hereby  further  amended 
by  inserting  after  the  word  "city",  the  second  time  it  occurs 
in  the  sixth  line,  the  words:  —  ,  except  Boston,  —  and  by 
inserting  after  the  word  "city"  in  the  tenth  line  the  words: 
—  ,  except  Boston,  —  so  as  to  read  as  follows:  — 

In  any  city  which  does  not  accept  section  one  hundred 
no'mi'imtion"and  and  three  A  of  chapter  fifty-four,  certificates  of  nomination 
papera!'^'""  for  city  offices  and  nomination  papers  shall  be  filed  on  or 
before  the  twenty-first  day  preceding  the  day  of  the  elec- 
tion, except  as  otherwise  provided  in  any  special  law  affect- 
ing such  city.  In  any  city,  except  Boston,  which  accepts 
said  section  one  hundred  and  three  A,  certificates  of  nomina- 
tion and  nomination  papers  for  any  regular  city  election 
shall  be  filed  on  or  before  the  twenty-eighth  day  preceding 
such  city  election.  In  any  such  city,  except  Boston,  the 
time  for  presenting  nomination  papers  for  certification  to 
the  registrars  of  voters,  and  for  certifying  the  same,  shall 
be  governed  by  section  seven  of  this  chapter,  notwithstand- 
ing any  contrary  provision  in  any  special  law.  In  any  city 
where  primaries  are  held,  under  authoritj'  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  nomina- 
tion papers  for  such  primaries. 
Eff«:tive  SECTION  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1941. 


Time  for  filing 
certificates  of 


ChapA7S 


G.  L.  (Ter. 
Ed.),  44,  new 
section  31A, 
added. 


An  Act  relative  to  budgets  in  cities. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  forty-four  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  thirty-one,  as  ap- 
pearing in  the  Tercentenary  Edition,  the  following  new  sec- 


Acts,  1941.  — Chap.  473.  545 

tion :  —  Section  SI  A .  Every  officer  of  any  city  except  Boston  Budgets 
having  charge  of,  or  jurisdiction  over,  any  office,  department 
or  undertaking,  requesting  an  appropriation  shall,  between 
November  first  and  December  first  of  each  year,  furnish  the 
mayor  and  the  city  auditor,  or  officer  having  similar  duties, 
on  forms  provided  by  the  city  auditor  or  officer  having  sim- 
ilar duties,  and  approved  by  the  division  of  accounts  in  the 
department  of  corporations  and  taxation,  detailed  estimates 
of  the  full  amounts  deemed  necessar}^  for  the  then  ensuing 
year  for  the  ordinary  maintenance  of  the  office,  department 
or  undertaking  under  his  charge  or  jurisdiction,  and  for  ex- 
penditures other  than  the  ordinary  maintenance,  with  the 
amounts,  if  any,  expended  for  similar  purposes  during  the 
then  preceding  year  and  during  the  first  ten  months  of  the 
then  current  year,  and  an  estimate  of  the  amounts  required 
to  be  expended  for  such  purposes  during  the  last  two  months 
of  the  then  current  year,  giving  explanatory  statements  of 
any  differences  between  the  amount  of  any  estimate  for  the 
then  ensuing  year  and  the  amount  expended  or  estimated  to 
be  required  as  aforesaid. 

The  information  hereby  required  to  be  furnished  shall  set 
forth  the  number  of  permanent  or  temporar}^  employees,  or 
both,  requested  in  each  classification  or  rating  in  the  then 
ensuing  year  and  the  number  of  permanent  or  temporary 
employees,  or  both,  emploj^ed  on  October  thirty-first  of  the 
then  current  year,  or  the  nearest  week-end  thereto,  except 
laborers  and  persons  performing  the  duties  of  laborers,  with 
the  annual,  monthly,  weekly  or  hourly  compensation  of  such 
employees,  and  shall  state  whether  such  compensation  is 
fixed  by  ordinance  or  otherwise  and  whether  or  not  such 
employees  are  subject  to  chapter  thirty-one. 

The  foregoing  shall  not  prevent  axvy  city,  upon  recommen- 
dation of  the  mayor,  from  so  setting  forth  the  number  of 
permanent  or  temporary  laborers  and  persons  performing 
the  duties  of  laborers,  or  both  such  permanent  and  temporary 
laborers  and  persons,  with  the  annual,  monthly,  weekly  or 
hourly  compensation  of  such  employees. 

The  city  auditor,  or  officer  having  similar  duties,  shall 
forthwith  at  the  close  of  each  j^ear  furnish  the  mayor  with 
a  written  report  of  the  monej^  received  from  estimated  re- 
ceipts applicable  to  the  payment  of  expenditures  of  that 
year,  with  an  estimate  of  such  receipts  for  the  next  succeed- 
ing year. 

Section  2.     Said   chapter   forty-four   is   hereby   further  g.  l.  (Ter. 
amended  by  striking  out  section  thirty-two,   as  most  re-  ^tt! 'amended, 
cently  amended  by  section  sixteen  of  chapter  three  hundred 
and  seventy-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  and  inserting  in  place  thereof  the  following  section: 
—  Section  32.    Within  forty-five  days  after  the  annual  or-  Mayors,  etc., 
ganization  of  the  city  government  in  any  city  other  than  cftfeTto'sub- 
Boston,  the  mayor  shall  submit  to  the  city  council  the  an-  mit  annual 
nual  budget  which  shall  be  a  statement  of  the  amounts    "  ^^  ^" 
recommended  by  him  for  the  proposed  expenditures  of  the 


546  Acts,  1941.  — Chap.  473. 

^  city  for  the  then  current  year.    The  annual  budget  shall  be 

classified  and  designated  so  as  to  show  separately  with  re- 
spect to  each  officer,  department  or  undertaking  for  which 
an  appropriation  is  recommended :  — 

(1)  Ordinary  maintenance,  which  shall  also  include  debt 
and  interest  charges  matured  and  maturing  during  the  year, 
and  shall  be  subdivided  as  follows :  — 

(a)  Salaries  and  wages  of  officers,  officials  and  employees 
other  than  laborers  or  persons  performing  the  duties  of 
laborers;  and 

(6)  Ordinary  maintenance  not  included  under  (a);   and 

(2)  Proposed  expenditures  for  other  than  ordinary  main- 
tenance, including  additional  equipment  the  estimated  cost 
of  which  exceeds  three  hundred  dollars. 

The  foregoing  shall  not  prevent  any  city,  upon  recom- 
mendation of  the  mayor  and  with  the  approval  of  the  coun- 
cil, from  adopting  additional  classifications  and  designations. 

The  city  council  maj^  by  majority  vote  make  appropria- 
tions for  the  purposes  recommended  and  may  reduce  or  re- 
ject any  amount  recommended  in  the  annual  budget,  but, 
except  on  recommendation  of  the  mayor,  shall  not  increase 
any  amount  in  or  the  total  of  the  annual  budget,  nor  add 
thereto  any  amount  for  a  purpose  not  included  therein, 
except  as  provided  in  section  thirty-three.  Except  as 
otherwise  permitted  by  law,  all  amounts  appropriated  by 
the  city  council,  as  provided  in  this  section,  shall  be  for  the 
purposes  specified.  In  setting  up  an  appropriation  order  or 
orders  based  on  the  annual  budget,  the  council  shall  use, 
so  far  as  possible,  the  same  classifications  required  for  the 
annual  budget.  If  the  council  fails  to  take  action  with 
respect  to  any  amount  recommended  in  the  annual  budget, 
either  by  approving,  reducing  or  rejecting  the  same,  within 
forty-five  days  after  the  receipt  of  the  budget,  such  amount 
shall  without  any  action  by  the  council  become  a  part  of  the 
appropriations  for  the  year,  and  be  available  for  the  pur- 
poses specified. 

If,  upon  the  expiration  of  forty-five  days  after  the  annual 
organization  of  the  city  government,  the  mayor  shall  not 
have  submitted  to  the  city  council  the  annual  budget  for 
said  j^ear,  the  city  council  shall  within  thirty  days  upon  its 
own  initiative  prepare  the  annual  budget,  and  such  prepa- 
ration shall  be  subject  to  the  same  requirements  as  the 
mayor's  annual  budget,  so  far  as  apt. 

Within  fifteen  daj^s  after  such  preparation  of  the  annual 
budget,  the  city  council  shall  proceed  to  act  by  voting 
thereon  and  all  amounts  so  voted  shall  thereupon  be  valid 
appropriations  for  the  purposes  stated  therein  to  the  same 
extent  as  though  based  upon  a  mayor's  annual  budget,  but 
subject,  however,  to  such  requirements,  if  any,  as  may  be 
imposed  by  law. 

If  tlie  council  fails  to  take  action  with  resjx'ct  to  an}^ 
amount  recommended  in  the  budget,  either  by  approving, 
reducing  or  rejecting  the  same,  within  fifteen  days  after  such 


Acts,  1941.— Chap.  474.  547 

preparation,  such  amoimt  shall,  without  further  action  by 
the  council,  become  a  part  of  the  appropriations  for  the 
year,  and  be  available  for  the  purposes  specified. 

Nothing  in  this  section  shall  prevent  the  city  council,  act- 
ing upon  the  written  recommendation  of  the  mayor,  from 
voting  appropriations,  not  in  excess  of  the  amount  so  recom- 
mended, either  prior  or  subsequent  to  the  passage  of  the 
annual  budget. 

The  provisions  of  this  section  shall  apply,  in  any  city 
adopting  the  Plan  E  form  of  government  under  chapter 
forty-three,  only  to  the  extent  provided  by  section  one  hun- 
dred and  four  of  said  chapter. 

Neither  the  annual  budget  nor  appropriation  orders  l)ased 
thereon  shall  be  in  such  detail  as  to  fix  specific  salaries  of 
emploA^ees  under  the  direction  of  boards  elected  by  the 
people,  other  than  the  city  council. 

Section  3.     Said  chapter  forty-four  is   hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  thirty-three,  as  appearing  §  33,  amended, 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  33.     In  case  of  the  failure  Failure  to 
of  the  ma3'or  to  transmit  to  the  city  council  a  written  recom-  app'r'^^frtion. 
mendation  for  an  appropriation  for  anj^  purpose  not  included 
in  the  annual  budget,  which  is  deemed  necessary  by  the 
council,  after  having  been  so  requested  by  vote  thereof,  said 
council,  after  the  expiration  of  seven  days  from  such  vote, 
upon  its  own  initiative  may  make  such  appropriation  by  a 
vote  of  at  least  two  thirds  of  its  members,  and  shall  in  all 
cases  clearly  specify  the  amount  to  be  expended  for  each 
particular  purpose,  but  no  appropriation  may  be  voted  here- 
under so  as  to  fi.x  specific  salaries  of  employees  under  the 
direction  of  boards  elected  by  the  people,  other  than  the 
city  council.  Approved  July  15,  1941. 


An   Act   relative   to   the   collective   investment   of  Chap .474: 

SMALL   TRUST   FUNDS. 

Be  it  enacted,  etc.,  as  follows: 

The  General  Laws  are  hereby  amended  b}'^  inserting  after  g.  l.  (Ter. 
chapter  two  hundred  and  three  the  following  new  chapter,  dfaptwIosA. 
under  the  following  heading:  —  Chapter  203 A.     Collec- added. 
TivE  Investment  of  Small  Trust  Funds.     Section  1.     Any  Common 
individual  or  corporation  holding  property  as  trustee,  guar-  ^^^^  i^^^^- 
dian  or  conservator  may  establish  and  maintain  one  or  more 
common  trust  funds  as  hereinafter  defined,  and  may  invest 
in  participations  in  any  such  common  trust  fund  established 
and  maintained  by  him  or  it  property  held  by  him  or  it  as 
such  trustee,  guardian  or  conservator,  unless  the  instrument 
under  which  such  property  is  held,  or  the  decree  appointing 
such  trustee,  guardian  or  conservator,  otherwise  provides, 
and  no  other  property  shall  be  so  invested.    Such  participa- 
tions shall  be  equal  proportionate  interests  in  the  connnon 
trust  fund.    Each  such  common  trust  fund  shall  be  admin- 


548 


Acts,  1941.  — Chap.  474. 


Notice  to 
trustee. 


Consent  of 
co-fiduciary. 


Investment 
of  funds 
regulated. 


Annual 

account  to 
be  filed. 


Participation 
in  trust  fund. 


istcred  in  accordance  with  a  written  declaration  of  trust  which 
shall  have  been  filed  in  the  registry  of  probate  in  the  county 
in  which  such  individual  or  corporation  resides  or  has  his  or 
its  principal  place  of  business,  and  such  written  declaration 
may  provide  that  premiums  paid  on  the  purchase  of  interest 
bearing  securities  need  not  be  amortized. 

Section  2.  Prior  to  making  the  first  investment  of  any 
such  property  held  in  a  trust  in  participations  in  a  common 
trust  fund,  notice  of  intention  so  to  do  shall  be  sent  by  the 
trustee  by  registered  mail,  postage  paid,  addressed  to  each 
person  having  a  vested  interest  in  such  trust,  and  if  any  such 
person  shall  object  in  a  writing  received  by  the  trustee  within 
ten  days  from  said  mailing  no  such  investment  shall  be  made 
while  such  objection  continues. 

Section  3.  If  the  individual  or  corporation  maintaining 
a  common  trust  fund  holds  property  as  trustee,  guardian  or 
conservator  together  with  a  co-fiduciary  or  co-fiduciaries, 
investment  of  such  property  in  participations  in  a  common 
trust  fund  may  be  made  only  with  the  written  consent  of 
such  co-fiduciary  or  co-fiduciaries  and  shall  be  withdrawn 
upon  the  written  request  of  any  such  co-fiduciary. 

Section  4-  No  investment  of  funds  of  a  common  trust 
fund  shall  be  made  in  stocks  or  bonds  or  other  obligations 
of  any  one  person  which  would  cause  the  total  amount  of 
investment  in  stocks,  bonds  and  other  obligations  issued  or 
guaranteed  by  such  person  to  exceed  ten  per  cent  of  the  value 
of  the  common  trust  fund,  as  determined  by  the  trustee 
thereof;  provided,  that  this  limitation  shall  not  apply  to 
investments  in  obligations  of  the  United  States  or  in  obliga- 
tions for  the  payment  of  the  principal  and  interest  of  which 
the  faith  and  credit  of  the  United  States  shall  be  pledged. 
No  investment  for  a  common  trust  fund  shall  be  made  in 
any  one  class  of  shares  of  stock  of  any  one  corporation  or 
association  which  would  cause  the  total  number  of  such  shares 
held  by  the  common  trust  fund  to  exceed  five  per  cent  of  the 
number  of  such  shares  outstanding.  If  the  trustee  thereof 
administers  more  than  one  common  trust  fund  no  investment 
shall  be  made  which  would  cause  the  aggregate  investment 
for  all  such  common  trust  funds  in  shares  of  stock  of  any  one 
corporation  or  association  to  exceed  such  limitation. 

Section  5.  An  account  of  the  administration  of  each 
common  trust  fund  shall  be  filed  annually  in  the  registry  of 
probate  in  which  the  declaration  of  trust  has  been  filed  and 
application  for  its  allowance  shall  be  made  in  accordance 
with  section  twenty-four  of  chapter  two  hundred  and  six. 
The  allowance  of  such  an  account  shall  be  conclusive  as  to 
all  matters  shown  therein  upon  all  persons  then  or  thereafter 
interested  in  the  funds  invested  in  said  common  trust  fund. 

Section  6.  A  participation  in  a  common  trust  fund  shall 
be  acquired  or  surrendered  by  any  such  trustee,  guardian  or 
conservator  on  payment  in  full  of  the  proportion  of  the  value 
of  the  assets  of  the  common  trust  fund  represented  by  the 
participation,   as  computed  in  good  faith  by  the  trustee 


Acts,  1941.  — Chap.  474.  549 

thereof  at  fair  market  value  as  of  a  date  not  more  than  two 
business  days  prior  to  the  acquisition  or  surrender. 

Section  7.  No  participation  in  a  common  trust  fund  shall  Jpgufat'^J"*^ 
be  acquired  by  any  trustee,  guardian  or  conservator  while 
any  investment  therein  is  such  as  would  then  not  be  a  proper 
investment  for  a  trustee  or  then  not  be  readily  marketable, 
or  such  as  would  result  in  any  such  trustee,  guardian  or 
conservator  having  participations  in  common  trust  funds  of 
a  total  value  in  excess  of  twenty-five  thousand  dollars  as 
computed  in  accordance  with  the  provisions  of  the  preceding 
section,  or  as  would  result  in  an  inter  vivos  trust  created  after 
the  date  of  said  declaration  of  trust  having  a  participation 
in  common  trust  funds  of  a  total  value  of  less  than  four 
thousand  dollars. 

Section  8.  Prior  to  any  withdrawal  from  a  common  Proceedinga 
trust  fund  the  trustee  thereof  shall  determine  what  percent-  ^Vthdrawai 
age  of  the  value  of  the  assets  of  the  common  trust  fund  is  from  fund, 
composed  of  cash  and  readily  marketable  securities,  and  if 
such  trustee  determines  that,  after  effecting  the  withdrawals 
then  contemplated,  less  than  forty  per  cent  of  the  value  of 
the  remaining  assets  of  the  common  trust  fund  would  be 
composed  of  cash  and  readily  marketable  securities,  no  with- 
drawals from  the  common  trust  fund  shall  be  permitted  as 
of  the  valuation  date  upon  which  such  determination  is 
made,  except  that  ratable  distribution  upon  all  participations 
is  not  prohibited.  Prior  to  any  such  withdrawal  the  trustee 
shall  also  determine  whether  any  investment  in  the  common 
trust  fund  is  such  as  would  then  not  be  a  proper  investment 
for  a  trustee,  and  no  withdrawal  shall  be  permitted  until  any 
such  improper  investment  shall  have  been  eliminated  from 
the  common  trust  fund  either  through  sale,  distribution  in 
kind,  or  segregation  for  the  benefit  ratably  of  all  trusts  then 
participating  in  the  common  trust  fund. 

Section  9.  The  trustee,  guardian  or  conservator  holding  Compensation 
participations  in  a  common  trust  fund  shall  be  entitled  to  °^  trustee,  etc. 
reasonable  compensation  for  his  or  its  services  as  such  out 
of  the  funds  held  by  such  trustee,  guardian  or  conservator, 
but  to  no  extra  or  additional  compensation  out  of  the  com- 
mon trust  fund  or  because  of  the  investment  therein  of  the 
funds  by  such  trustee,  guardian  or  conservator.  No  fee, 
commission  or  compensation  whatsoever  for  management  of 
a  common  trust  fund  shall  be  paid  from  any  common  trust 
fund. 

Section  10.     The  declaration  of  trust  of  a  common  trust  Reference  to 
fund  may  contain  by  reference  or  otherwise  any  or  all  of  the  deXration 
provisions  of  this  chapter  and  such  other  or  further  provi-  of  trust, 
sions  as  shall  not  be  in  conflict  therewith. 

Approved  July  15,  1941. 


550  Acts,  1941.  —  C^haps.  475,  476. 


Chap  Alb  An  Act  aw  thokiz-inc    iiii';  (  ^l'^    ok  ciiicoi'kk  to  compen- 
sate  THE   MEMBEHS    OF    ITS    HOARD    OF   ALDERMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fourteen  of  chapter  two  hundred  and 
thirty-nine  of  the  acts  of  eighteen  hundred  and  ninety-seven 
is  hereby  amended  by  striking  out  the  hxst  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  Its  mem- 
bers 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  b}^  ordinance,  but 
not  exceeding  three  hundred  dollars  per  annum  for  each 
member. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Chicopee  at  its  regular 
municipal  election  in  the  current  year,  in  the  form  of  the 
following  question,  which  shall  be  printed  on  the  official 
ballot  to  be  used  at  said  election:  —  "Shall  an  act  passed 
by  the  general  court  in  the  year  nineteen  hundred  and  forty- 
one,  entitled  'An  Act  authorizing  the  citj^  of  Chicopee  to 
compensate  the  members  of  its  board  of  aldermen',  be  ac- 
cepted?" If  a  majority  of  the  votes  cast  on  said  question 
is  in  the  affirmative,  this  act  shall  take  full  effect  on  the 
first  Monday  of  Januaiy,  nineteen  hundred  and  fortj^-two, 
otherwise  it  shall  have  no  effect. 

Approved  July  15,  194i- 

ChapA7Q  An  Act  regulating  the  expenditure  of  funds  re- 
ceived FROM  THE  FEDERAL  GOVERNMENT  FOR  ADMINIS- 
TRATIVE EXPENSES  OF  THE  DIVISION  OF  UNEMPLOYMENT 
COMPENSATION  AND  TO  PROVIDE  FOR  REPLENISHING  SAID 
FUNDS  I^  THEY  ARE  USED  CONTRARY  TO  CERTAIN  FINDINGS 
OF   THE    FEDERAL    SOCIAL    SECURITY    BOARD. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  prevent   the   receipt  by  the   commonwealtli  of  federal 

funds  for  the  administration  of  the  unemployment  com- 
pensation law,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  All  moneys  received  b}'  the  commonwealth 
under  Title  III  of  the  Federal  Social  Security  Act  shall  be 
expended  solely  for  the  purposes,  and  in  the  amounts  found 
necessary  by  the  Federal  Social  Security  Board  for  the  proper 
and  efficient  administration,  of  the  uncmplojnnent  compen- 
sation law  of  this  commonwealth. 

Section  2.  If  any  moneys  received  after  June  thirtieth, 
nineteen  hundred  and  forty-one  from  the  Federal  Social 
Security  Boai-d  under  said  Title  III  of  the  Federal  Social 
Security  Act,  or  any  unencumbered  balances  in  the  unem- 


Acts,  1941.— Chap.  477.  551 

ployment  compensation  administration  account  created  by 
section  forty-two  of  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws,  are  found  by  said  Social  Security  Board, 
because  of  any  action  or  contingency,  to  have  been  lost  or 
expended  for  purposes  other  than,  or  in  amounts  in  excess 
of,  those  found  necessary  by  said  Social  Security  Board  for 
the  proper  administration  of  said  chapter  one  hundred  and 
fifty-one  A,  the  conunonwealth  shall  replace  such  moneys 
by  monej^s  appropriated  for  the  purpose  from  the  general 
revenue  of  the  commonwealth  to  said  unemployment  com- 
pensation administration  account  for  expenditures  as  pro- 
vided by  law.  Upon  receipt  of  notice  of  such  finding  by  said 
Social  Security  Board  the  director  of  the  division  of  unem- 
ployment compensation  shall  promptly  report  the  amount 
required  for  such  replacement  to  the  governor  who  shall 
include  said  amount  in  the  next  budget  for  expenditures  of  the 
commonwealth,  or  by  message  to  the  general  court  request 
the  inclusion  of  such  amount  in  the  next  general,  or  in  a 
special,  appropriation  bill.  This  section  shall  not  be  con- 
strued to  relieve  the  commonwealth  of  its  obligation  with 
respect  to  unexpended  balances  on  hand  July  first,  nine- 
teen hundred  and  forty-one  received  pursuant  to  the  pro- 
visions of  said  Title  III. 

Section  3.  This  act  shall  become  inoperative  in  the 
event  of  repeal  by  congress  of  the  provisions  contained  in 
sections  three  hundred  and  three  (a)  (8)  and  three  hundred 
and  three  (a)  (9)  of  said  Social  Security  Act,  and  it  shall  not 
be  construed  as  exempting  the  division  of  unemployment 
compensation  from  any  provisions  of  the  General  Laws  or 
of  the  constitution  applicable  to  administrative  divisions  of 
the  commonwealth. 

Section  4.  This  act  shall  take  effect  as  of  July  first, 
nineteen  hundred  and  forty-one. 

Approved  July  15,  1941. 


An   Act  authorizing   the   appointment   of   temporary  fhnj)  477 

PROBATION    OFFICERS    FOR    DISTRICT   COURTS.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eighty-nine  of  chapter  two  hundred  %^\- ^J^^- 
and  seventy-six  of  the  General  Laws,  as  amended  by  sec-  §89,' etc' 
tion  two  of  chapter  two  hundred  and  seventeen  of  the  acts  *™''"^®^- 
of    nineteen    hundred    and    thirtj^-four,    is    hereby    further 
amended  by  adding    at  the  end  the  following  new  para- 
graph :  — 

The  justice  of  a  district  court,  with  the  approval  of  the  Temporary 
administrative  committee  of  district  courts,  may,  in  the  case  officer*"" 
of  the  death,  removal,  resignation  or  retirement  of  a  pro- 
bation officer,  appoint  a  temporary  probation  officer  for  a 
single  term  not  to  exceed  nhiety  days.  Such  temporary 
probation  officer  shall  receive  as  compensation  from  the 
county  an  amount  equal  to  that  which  would  have  been 


552  Acts,  1941.  —  Chaps.  478,  479. 

paid,  for  a  like  period  of  service,  to  the  officer  who  has  died, 
resigned  or  retired  or  been  removed. 
Effective  SECTION  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  lOJ^l. 

ChapA78  An  Act  providing  for  the  acquisition  by  the  common- 
wealth OF  THE  FORD  BUILDING  PROPERTY  LOCATED  IN 
THE    CITY    OF   BOSTON. 

Emergency  Whereus,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  in  part  is  to  enable  the  acquisition 
by  the  commonwealth  of  certain  property  prior  to  the  ex- 
piration of  an  option  thereon,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  asfolloivs: 

For  the  purpose  of  providing  additional  accommodations 
for  the  departments,  boards  and  commissions  of  the  com- 
monwealth whose  offices  are,  or  may  be,  situated  in  the  city 
of  Boston,  and  for  any  other  necessary  or  convenient  uses 
of  the  commonwealth  in  the  transaction  of  its  business,  the 
commission  on  administration  and  finance,  with  the  approval 
of  the  governor  and  council,  is  hereby  authorized,  on  behalf 
of  the  commonwealth,  to  acquire  the  Ford  Building  property, 
located  at  the  corner  of  Bowdoin  street  and  Ashburton  place 
in  the  city  of  Boston,  and  to  make  such  alterations  and 
improvements  therein  as  may  be  necessary.  Prior  to  July 
first,  nineteen  hundred  and  forty-six,  office  space  in  said 
building  shall  be  used  only  by  departments,  boards  and 
commissions  of  the  commonwealth  occupying  quarters  out- 
side the  state  house  on  the  effective  date  of  this  act.  For 
said  purpose,  said  commission  may  expend  such  sums,  not 
exceeding,  in  the  aggregate,  one  hundred  and  fifty-five  thou- 
sand dollars,  as  may  hereafter  be  appropriated  therefor. 

Approved  July  16,  194.1- 

ChapA79  An  Act  authorizing  the  town  of  worthington  to  bor- 
row MONEY  FOR  SCHOOL  PURPOSES  AND  TO  ERECT  A  SCHOOL 
BUILDING    ON    THE    TOWN    COMMON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  constructing  a  school 
building  and  of  originally  equipping  and  furnishing  the  same, 
the  town  of  Worthington  may  borrow  from  time  to  time, 
within  a  period  of  five  years  from  the  passage  of  this  act, 
such  sums  as  may  be  necessary,  not  exceeding,  in  the  aggre- 
gate, ten  thousand  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shalL  bear  on  their  face  the  words,  Worthing- 
ton 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.  In- 
debtedness incurred  under  this  act  shall  be  in  excess  of  the 


Acts,  1941.  — Chap.  480.  553 

statutory  limit,  but  shall,  except  as  herein  provided,  be  sub- 
ject to  chapter  forty-four  of  the  General  Laws,  exclusive  of 
the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

Section  2.  Said  town  is  hereby  authorized,  notwith- 
standing any  limitations  contained  in  chapter  forty-five  of 
the  General  Laws,  to  build  and  maintain  a  school  building 
on  the  town  common,  so  called. 

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

Approved  July  16,  19 41. 


An  Act  authorizing  the  d,epartment  of  public  utilities  Qhnj;)  400 
TO    establish    minimum    mileage    rates    for    certain 

SPECIAL   OR    CHARTERED    BUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  eleven  A  of  chapter  one  hundred  and  fifty-nine  A  eh^'ima 
of  the  General  Laws,  inserted  by  section  one  of  chapter  four  §  i'ia,  etc.,' 
hundred  and  four  of  the'  acts  of  nineteen  hundred  and  thirty-  ^"»ended. 
nine,  is  hereby  amended  by  inserting  after  the  word  "same" 
in  the  seventeenth  line,  the  following  new  sentence :  —  The 
department  shall  also  establish  minimum  mileage  rates  for 
any  such  special  or  charter  service  operated  in  intrastate 
commerce  within  the  commonwealth,  and  may  revise,  alter, 
amend  or  annul  such  rates,  and  in  determining  such  rates  the 
department  shall  consider  as  part  of  the  rate  base  the  ele- 
ments of  waiting  service  and  type  of  equipment  employed,  —     ' 
so  that  the  first  paragraph  will  read  as  follows :  —  No  person  Minimum 
shall  operate  any  motor  vehicle  carrying  eight  or  more  per-  f!^r  cefta^in*^^ 
sons  upon  any  public  way  in  special  or  charter  service  as  Piuses. 
hereinafter  defined  unless  he  shall  have  obtained  from  the 
department  a  license  to  engage  in  the  business  of  rendering 
such  service  and  certifying  that  the  rendering  of  such  serv- 
ice is  consistent  with  the  public  interest  and  that  the  appli- 
cant is  fit,  willing  and  able  properly  to  perform  such  service. 
The  department  may,  after  public  hearing,  grant  or  refuse 
to  grant  a  license  to  engage  in  the  business  of  rendering 
special  or  charter  service  and  may,  after  notice  and  hearing, 
suspend  or  revoke  such  a  license  for  cause.    Any  such  license 
shall  remain  in  force,  except  while  so  suspended,  until  so    • 
revoked.    The  department  may  make  suitable  and  reasonable 
rules,  orders  and  regulations  covering  the  operation  of  motor 
vehicles  both  under  section  one  and  in  such  special  or  char- 
ter service  and  may  revise,  alter,  amend  or  annul  the  same. 
The  department  shall  also  establish  minimum  mileage  rates 
for  any  such  special  or  charter  service  operated  in  intrastate 
commerce  within  the  commonwealth,  and  may  revise,  alter, 
amend  or  annul  such  rates,  and  in  determining  such  rates  the 
department  shall  consider  as  part  of  the  rate  base  the  ele- 
ments of  waiting  service  and  type  of  equipment  employed. 
The  term  special  or  charter  service,  as  used  in  this  chapter, 


554 


Acts,  1941.  — Chaps.  481,  482. 


is  Iicrcby  delincd  to  iiie;in  Llie  operation  for  hire  of  any  such 
motor  vehicle  leased,  rented,  used  or  chartered  for  the  car- 
riage of  passengers  in  such  a  manner  as  not  to  be  subject  to 
section  one,  but  shall  not  include  the  operation  of  a  motor 
vehicle  actually  used  for  the  transportation  of  school  children 
under  a  contract  with  a  municipality  or  municipal  board  or 
the  operation  of  sightseeing  automobiles  licensed  under 
chapter  three  hundred  and  ninetj^-nine  of  the  acts  of  nineteen 
hundred  and  thirty-one.  Approved  July  16,  1941. 


G.  L.  (Ter. 

Ed.).  123, 

§  84,  amended. 


Detention, 
etc.,  of 
insane  per- 
sons in  federal 


CliavASX  An  Act  to  provide  for  the  care  in  certain  institutions 

FOR  THE  insane  OF  PERSONS  IN  THE  MILITARY  OR  NAVAL 
FORCES  OF  THE  UNITED  STATES  WHO  ARE  SUFFERING  FROM 
MENTAL   DISEASE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-three  of  the  -General 
Laws  is  hereby  amended  b}'^  striking  out  section  eighty-four, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  — »Sedzon  8^.  The  su- 
perintendent of  any  state  hospital  for  the  insane,  or  of  the 
McLean  hospital,  may  receive  for  care  and  treatment  any 
person  in  the  military  or  naval  service  of  the  United  States 
who  is  suffering  from  mental  disease  and  cannot  properly 
be  cared  for  at  the  army  post,  naval  station,  air  base  or 
government  hospital  within  the  confines  of  the  commonwealth 
where  he  is  stationed  or  happens  to  be,  upon  the  written 
application  of  the  medical  officer  in  charge,  at  such  army 
post,  naval  station,  air  base  or  government  hospital,  who 
shall  make  a  full  statement  of  the  case  in  such  form  as  the 
department  prescribes.  Unless  otherwise  ordered  by  the 
proper  military  or  naval  authority,  persons  received  into  an 
institution  under  this  section  may  be  detained  therein  for  a 
period  not  exceeding  sixty  days,  except  that  further  deten- 
tion, if  necessaiy,  may  be  authorized  by  the  department. 

Approved  July  16,  1941. 


Chap. 4:S2  An  Act  relative  to  exemption  from  the  payment  of 
local  taxes  on  certain  tangible  personal  property 
IN  storage  in  public  warehouses. 


G.  L.  (Ter. 
Ed.),  59, 
5  5,  etc., 
amended. 


Wearing 
apparel, 
utensils,  etc., 
exemption 
from  taxation. 


Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  fifty-nine  of  the  General  Laws,  as 
amended,  is  hereby  further  amended  by  striking  out  clause 
Twentieth,  as  amended  by  chapter  one  hundred  and  thirty- 
two  of  the  acts  of  nineteen  hundred  and  thirty-seven,  and 
inserting  in  place  thereof  the  following  clause :  — 

Twentieth,  The  wearing  apparel,  farming  utensils  and  cash 
on  hand  of  every  person  and  the  tools  of  his  trade  if  a  me- 
chanic, to  any  amount;  and  to  an  amount  not  exceeding  a 
total  value  of  one  thousand  dollars  in  respect  to  all  the 
articles  hereinafter  specified  in  this  clause,  his  household 


Acts,  1941.— Chap.  483.  555 

funiiiure  aiul  effects,  iiickuliug  jewelry,  plate,  works  of  art, 
musical  instruments,  radios  and  garage  or  stable  accessories, 
in  storage  in  a  public  warehouse  kept  and  maintained  under 
chapter  one  hundred  and  five  or  used  or  commonly  kept  in 
or  about  the  dwelling  of  which  he  is  the  owner  of  record  or 
for  the  use  of  which  he  is  obligated  to  pay  rent,  and  which  is 
the  place  of  his  domicile,  and  boats,  fishing  gear  and  nets 
owned  and  actually  used  by  him  in  the  prosecution  of  his 
business  if  engaged  exclusively  in  commercial  fishing. 

Approved  July  16,  1941. 


An  Act  further  regulating  the  business  of  transpor-  nhr,^  aqo 

TATION  OF  PROPERTY  BY  MOTOR  VEHICLE.  ^' 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.     Section  nine  of  chapter  one  hundred  ^-i^d  g- l.  (Ter. 
fifty-nine  B  of  the  General  Laws,  as  appearing  in  section  one  §'9',  etc.,    ' 
of  chapter  four  hundred  and  eighty-three  of  the  acts  of  nine-  ^■"'''"'^ed. 
teen  hundred  and  thirty-eight,  is  hereby  amended  by  insert- 
ing after  the  word  "operated"  in  the  sixth  line  the  follow- 
ing new  sentence :  —  Each  such  plate  shall  be  accompanied 
by  a  certificate  issued  by  the  department,  which  shall  be  in 
the  possession  of  the  driver  at  all  times  while  operating  and 
shall  set  forth  the  make,  manufacturer's  serial  number,  if 
any,  and  motor  number,  if  any,  of  the  vehicle  with  respect 
to  which  said  plate  shall  be  used,  —  so  as  to  read  as  follows: 
—  Section  9.     A  single   distinguishing  plate  shall  be  pre-  Distinguishing 
scribed  and  furnished  by  the  department  annually  for  each  blfs^iniss"^ 
of  the  vehicles  necessary  for  the  conduct  of  the  business  of  vehicles, 
the  holder  of  the  certificate  or  permit,  and  said  plates  shall 
be  prominently  displayed  on  the  front  of  each  such  vehicle 
whenever  operated.    Each  such  plate  shall  be  accompanied 
by  a  certificate  issued  by  the  department,  which  shall  be  in 
the  possession  of  the  driver  at  all  times  while  operating  and 
shall  set  forth  the  make,  manufacturer's  serial  number,  if 
any,  and  motor  number,  if  any,  of  the  vehicle  with  respect 
to  which  said  plate  shall  be  used.    As  used  in  this  and  the 
following  section,  the  word  "vehicle"  shall  include  a  tractor, 
with  or  without  a  semi-trailer  unit.    No  such  plate  shall  be 
transferred  from  one  vehicle  to  another,  except  upon  au- 
thority and  with  the  consent  of  the  department  and  upon 
payment  of  a  transfer  fee  of  one  dollar.    The  annual  charge 
for  each  plate  shall  be  five  dollars. 

Section  2.     Section  ten  of  said  chapter  one  hundred  and  g.  l.  (jer. 
fifty-nine  B,  as  amended  by  chapter  three  hundred  and  six  §  ib.'et^c,  ' 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  ^"^ended. 
further  amended  by  striking  out,  in  the  twenty-fourth  to 
the  twenty-sixth  lines,  the  words  "The  license  of  any  per- 
son violating  any  provision  of  this  section  shall  be  revoked 
and  the  surrender  of  all  plates  issued  to  him  shall  be  re- 
quired", —  so  that  the  first  paragraph,  as  so  appearing,  will 
read  as  follows :  —  Each  interstate  carrier  by  motor  vehicle 


556 


Acts,  1941.  — Chap.  483. 


Interstate 
carriers, 
license,  revo- 
cation of. 


G.  L.  (Ter. 
Ed.).  159B, 
S  11.  etc.. 
amended. 


Transfer, 
etc.,  of  cer- 
tificate. 


transporting  property  over  the  ways  within  the  common- 
wealth for  compensation  shall  apply  to  the  department  for 
an  interstate  license  as  defined  in  section  two.  Each  appli- 
cation for  an  interstate  license  shall  be  made  in  the  same 
manner  as  provided  in  paragraph  (a)  of  section  three  for 
applications  for  certificates  and  shall  be  accompanied  by  a 
fee  of  ten  dollars.  Such  license  shall  be  issued  in  the  name  of 
the  applicant.  One  interstate  registration  plate  shall  be 
issued  by  the  department  annually  to  each  such  licensee  for 
each  vehicle  of  said  licensee  operating  over  such  ways  upon 
payment  of  a  fee  of  five  dollars  per  plate,  shall  bear  an  identi- 
fying number,  and  shall  be  displayed  as  provided  in  section 
nine.  Each  such  plate  shall  be  accompanied  by  a  certificate 
issued  by  the  department,  which  shall  be  in  the  possession 
of  the  driver  at  all  times  while  operating  within  the  com- 
monwealth and  shall  set  forth  the  make,  manufacturer's 
serial  number,  if  any,  and  motor  number,  if  any,  of  the  ve- 
hicle with  respect  to  which  said  plate  shall  be  used.  Each 
such  plate  shall  be  non-transferable.  Whoever  uses  any  such 
plate  on  any  vehicle  other  than  the  one  for  which  it  is  issued, 
and  whoever  permits  such  a  plate  issued  to  him  to  be  so 
used,  shall  be  punished  by  a  fine  of  one  hundred  dollars. 

Section  3.  Section  eleven  of  said  chapter  one  hundred 
and  fifty-nine  B,  as  appearing  in  said  section  one  of  said 
chapter  four  hundred  and  eighty-three,  is  hereby  amended 
by  striking  out,  in  the  tenth  and  eleventh  lines,  the  words 
"section  seventy-seven  B  of",  —  and  by  inserting  after  the 
word  "partners"  in  the  twenty-eighth  line  the  following 
new  sentence:  —  Upon  application  of  an  executor,  admin- 
istrator, guardian,  conservator,  assignee,  trustee,  receiver, 
surviving  or  remaining  partner  and  upon  payment  of  the  fee 
required  by  this  section  the  department  may  transfer  such 
certificate,  permit  or  license  in  accordance  with  the  provi- 
sions of  this  chapter  direct  from  the  original  holder  to  any 
person  named  in  such  application  and  approved  by  the 
department,  —  so  as  to  read  as  follows:  —  Section  11.  Any 
certificate,  permit  or  license  may  be  assigned  and  transferred, 
in  whole  or  in  part,  with  the  approval  and  consent  of  the 
department,  after  a  public  hearing  at  which  the  proposed 
transferee  shall  have  established  to  the  satisfaction  of  the 
department  his  willingness,  fitness  and  ability  to  perform  or 
furnish  transportation  for  compensation  under  such  certifi- 
cate, permit  or  license  and  under  this  chapter. 

In  the  event  of  the  decease,  incompetency,  insolvency, 
bankruptcy  or  corporate  reorganization  under  the  bankruptcy 
law  of  the  United  States,  of  a  holder  of  a  certificate,  permit 
or  license  under  this  chapter,  the  department,  upon  applica- 
tion of  his  executor,  administrator,  guardian,  conservator, 
assignee,  trustee  or  receiver  and  upon  payment  of  the  fee 
required  by  this  section,  shall  conditionally  transfer  such 
certificate,  permit  or  license  to  such  fiduciary,  pending  the 
decision  by  the  department  as  to  the  fitness,  willingness  and 
ability  of  said  transferee  to  conduct  the  operations  or  busi- 


Acts,  1941.  — Chap.  484.  557 

ness  authorized  by  said  certificate,  permit  or  license.  In 
the  event  of  the  decease,  incompetency,  insolvency  or  bank- 
ruptcy of  a  member  of  a  partnership  holding  such  a  certifi- 
cate, permit  or  license,  the  department,  upon  application 
of  the  surviving  or  remaining  partners,  or  of  the  executor, 
administrator,  guardian,  conservator,  assignee,  trustee  or 
receiver  of  the  deceased,  incompetent,  insolvent  or  bankrupt 
partner,  may  make  a  like  conditional  transfer  to  the  surviv- 
ing or  remaining  partners.  Upon  application  of  an  execu- 
tor, administrator,  guardian,  conservator,  assignee,  trustee, 
receiver,  surviving  or  remaining  partner  and  upon  payment 
of  the  fee  required  by  this  section  the  department  may  trans- 
fer such  certificate,  permit  or  license  in  accordance  with  the 
provisions  of  this  chapter  direct  from  the  original  holder  to 
any  person  named  in  such  application  and  approved  by  the 
department. 

No  person  shall  operate  upon  any  way  as  a  common  carrier 
by  motor  vehicle,  contract  carrier  by  motor  vehicle  or  inter- 
state licensee,  or  conduct  business  as  a  broker,  except  a 
bona  fide  holder  of  a  certificate,  permit  or  license,  as  the  case 
may  be,  and  neither  by  loan,  assignment,  option  for  purchase 
or  any  means  whatsoever  shall  any  person  be  permitted  to 
defeat  the  requirements  of  this  section  with  respect  to  the 
transfer  of  certificates,  permits  and  licenses.  The  fee  for 
the  approval  by  the  department  of  the  transfer,  in  whole  or 
in  part,  of  any  certificate,  permit  or  license  shall  be  five 
dollars.  The  department  shall  make  any  necessary  rules 
and  regulations  to  carry  out  the  provisions  of  this  section. 

Approved  July  16,  1941. 


An  Act  providing  uniformity  with  respect  to  certain  fhn^  404 
investments  of  trust  companies  in  their  commercial  ^' 

departments. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  seventy-two  of  g.  l.  (Ter. 
the  General  Laws  is  hereby  amended  by  striking  out  sec-  §  33,'ame'nded. 
tion  thirty- three,  as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following  section:  —  Sec-  investment 
tion  S3.     Such  corporation  may,  subject  to  the  limitations  °^^""'^^- 
of    sections    thirty-four,    forty    and    forty-three,    advance 
money  or  credits,  whether  capital  or  general  deposits,  on 
real  estate  situated  within  the  commonwealth  and  on  per- 
sonal security,  on  terms  to  be  agreed  upon,  and  also  invest 
its  money  or  credits,  whether  capital  or  general  deposits, 
in  the  bonds  or  other  evidences  of  indebtedness  of  corpora- 
tions or  of  associations  or  trusts,  both  as  defined  in  chapter 
one  hundred  and  eighty-two,  or  of  governments,  or  political 
subdivisions  thereof,  both  foreign  and  domestic,  or  in  the 
capital  stock  of  any  other  trust  company  or  a  national 
banking  association  incorporated  or  doing  business  within 
the  commonwealth.     Such  corporation  may  consent  to  any 


558 


Acts,  1941.  — Chap.  484. 


G.  L.  (Tcr. 

Ed.),  172, 

§  40,  amended. 


Liabilitie.*  cif 
any  one  person 
to  eorporation 
limited. 


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


Holding  stock 
in  another 
bank  limited. 


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,  modi- 
fication or  readjustment  of  any  such  investment,  pursuant 
to  a  reorganization  or  otherwise. 

Section  2.  Said  chapter  one  hundred  and  seventy-two 
is  hereby  further  amended  by  striking  out  section  forty, 
as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  ^0.  The  total  liabihties  of  a  person, 
including  in  the  liabilities  of  a  firm  the  liabilities  of  its 
several  members,  for  money  borrowed  from  and  drafts 
drawn  on  any  such  corporation  having  a  capital  stock  of 
five  hundred  thousand  dollars  or  more  shall  at  no  time 
exceed  one  fifth  part  of  the  total  of  the  surplus  account  and 
the  paid  up  capital  stock  of  such  corporation,  and  such  total 
liabilities  to  any  such  corporation  having  a  capital  stock  of 
less  than  five  hundred  thousand  dollars  shall  at  no  time  ex- 
ceed one  fifth  part  of  the  paid  up  capital  stock  of  the  cor- 
poration, or  one  tenth  part  of  the  total  of  the  surplus  account 
and  the  paid  up  capital  stock  of  the  corporation;  but  the 
discount  of  bills  of  exchange  drawn  in  good  faith  against 
actually  existing  values,  and  the  discount  of  commercial 
paper  or  business  paper  actually  owned  by  the  person  nego- 
tiating it,  shall  not  be  considered  as  money  borrowed.  The 
total  liabilities  to  any  one  such  corporation  of  any  foreign 
government  or  political  subdivision  thereof  shall  not  exceed 
one  tenth  part,  and  the  total  liabilities  of  all  foreign  govern- 
ments and  pohtical  subdivisions  thereof  to  any  one  such  cor- 
poration shall  not  exceed  one  fifth  part,  of  the  total  of  its 
surplus  account  and  paid  up  capital  stock.,  The  total  lia- 
bilities to  any  one  such  corporation  of  any  state  of  the  United 
States  other  than  this  commonwealth,  or  of  any  political 
subdivision  of  any  such  state,  shall  not  exceed  one  tenth 
part  of  the  total  of  the  surplus  account  and  paid  up  capital 
stock  of  the  corporation.  The  limitations  contained  in  this 
section  shall  not  apply  to  investments  in  obhgations  which 
are  unconditionally  guaranteed  as  to  the  payment  of  prin- 
cipal and  interest  by  the  United  States. 

Section  3.  Said  chapter  one  hundred  and  seventy-two 
is  hereby  further  amended  by  striking  out  section  forty-three, 
as  amended  by  section  twenty  of  chapter  three  hundred  and 
forty-nine  of  the  acts  of  nineteen  hundred  and  thirty-four, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 43.  No  such  corporation  shall  invest  any  of  its  capital 
or  general  deposits  in  the  common  stock  of  another  trust 
company,  or  a  national  banking  association,  having  pre- 
ferred stock  outstanding,  nor  shall  it  so  invest  unless  such 
company  or  association  has  paid  dividends  of  not  less  than 
four  per  cent  on  its  capital  stock  in  cash  in  each  of  the  five 
years  immediately  preceding  the  date  of  investment  and 
has  a  surplus  at  least  equal  to  fifty  per  cent  of  its  capital; 
but  such  corporation  shall  not  hold  by  way  of  investment 


Acts,  1941.  — Chap.  485.  559 

and  as  security  for  loans  more  than  fifteen  per  cent  of  the 
stock  of  any  one  such  company  or  association,  nor  shall  it 
hold  by  way  of  investment  stock  of  such  companies  and 
associations  having  an  aggregate  initial  cost  to  such  corpora- 
tion in  excess  of  ten  per  cent  of  its  capital  and  general  de- 
posits, or  stock  of  any  one  such  company  or  association 
having  an  initial  cost  to  such  corporation  in  excess  of  one 
per  cent  of  its  capital  and  general  deposits,  except  that  if 
any  such  company  or  association  consohdates  or  merges 
with  any  other  such  company  or  association  the  amount  of 
stock  of  the  consolidated  or  absorbing  company  or  associa- 
tion which  may  be  held  under  authority  hereof  may  be  in 
excess  of  one  per  cent  but  not  in  excess  of  two  per  cent  of 
the  capital  and  general  deposits  of  such  corporation  if  the 
stock  so  held  is  acquired  in  exchange  for  stock  of  the  con- 
solidating or  merging  companies  which  is  owned  by  such 
corporation  at  the  time  of  consoUdation  or  merger. 

The  commissioner  may,  at  any  time  after  the  expiration 
of  five  years  following  the  acceptance  and  acquisition  of 
any  stocks  or  other  securities  received  by  any  such  corpora- 
tion in  settlement,  modification  or  readjustment  of  an 
investment,  order  the  sale  or  other  disposition  thereof. 

Section    4.     Nothing  in  this   act  shall  invalidate   any  interpretation 
holding  of  stock  by  way  of  investment  or  security  legally  "  *''' 
made  by  any  corporation  subject  thereto  before  the  effective 
date  thereof. 

Section  5.    This  act  shall  take  effect  on  December  first  ffj^''^'^*' 
in  the  current  year.  Approved  July  16,  19^1. 

An  Act  providing  for  the  reinstatement  of  Cornelius  Cha7)AS5 

COUGHLIN   IN   THE   LABOR   SERVICE   OF  THE   CITY   OF  MARL- 
BORO  FOR   THE   PURPOSE  OF  RETIREMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Cornelius  Coughlin,  who  was  employed  for 
over  twenty  years  as  a  laborer  in  the  service  of  the  city  of 
Marlboro  and  who  became  separated  from  such  service  on 
July  first,  nineteen  hundred  and  thirty-seven,  bj^  reason  of 
inability  to  work  on  account  of  disability  arising  out  of  and 
in  the  course  of  his  employment,  shall  be  reinstated  by  said 
city  in  its  highway  department  without  further  examination, 
but  for  the  sole  purpose  of  being  retired. 

Section  2.  Upon  the  reinstatement  of  said  Cornelius 
Coughlin  he  may  join  the  contributory  retirement  system 
of  said  city  and  shall  thereupon  pay  into  the  funds  of  said 
system  an  amount  equal  to  that  which  he  would  have  paid 
had  he  remained  in  the  ser\ace  of  said  city  from  July  first, 
nineteen  hundred  and  thirtj^-seven,  the  date  of  his  last  sepa- 
ration from  service  to  the  date  of  such  reinstatement,  with 
interest  thereon  at  the  rate  of  three  per  cent  per  annum; 
and  thereupon  he  shall  be  entitled  to  retirement  for  disa- 
bility under  the  pertinent  provisions  of  said  contributory 
retirement  system. 


560  Acts,  1941.  —  Chaps.  486,  487. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  the  city  council  of  the 
city  of  Marlboro,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  July  16,  1941. 


ChavASG  -^^  Act  providing  for  the  protection  of  the  shore  at 
roughan's  point  in  the  beachmont  section  of  the 
city  of  revere. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  and 
directed  to  rip  rap  and  otherwise  protect  that  portion  of 
the  shore  at  Roughan's  Point  in  the  Beachmont  section  of 
the  city  of  Revere  not  now  protected  from  erosion  by  the 
sea,  for  an  approximate  distance  of  three  hundred  feet,  or 
such  portions  of  the  shore  within  such  distance  as  may  be 
determined  by  said  department.  No  work  shall  be  begun 
hereunder  until  said  city  has  assumed  liability,  in  the  man- 
ner provided  by  section  twenty-nine  of  chapter  ninety-one 
of  the  General  Laws,  for  all  damages  that  may  be  incurred 
hereunder,  nor  until  there  has  been  paid  into  the  state 
treasury  by  said  city  the  sum  of  two  thousand  dollars,  which, 
together  with  a  sum,  not  exceeding  two  thousand  dollars, 
which  is  hereby  authorized  to  be  paid  from  item  2202-11 
of  the  general  appropriation  act  of  the  current  yea.T,  shall 
constitute  a  fund  for  the  work  herein  authorized;  provided, 
that  the  total  cost  of  said  work  shall  not  exceed  four  thou- 
sand dollars.  Approved  July  17,  1941. 


ChavA87  An  Act  to  authorize  cities  and  towns  to  make  certain 
emergency  appropriations  in  time  of  war  or  national 
emergency. 

^rT^mbfe*'^  ^^hcrctts.  The  present  national  emergency  requires  that 

cities  and  towns  be  given  certain  emergency  powers  not  now 
contained  in  the  General  Laws,  and  the  purpose  of  this  act 
is  to  give  such  powers  to  cities  and  towns  forthwith,  therefore 
this  act  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  pubUc  health,  safety 
and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  city  and  town  is  herebj'^  authorized, 
for  the  duration  of  the  national  emergency,  to  raise  and  ap- 
propriate such  sums  of  money  as  it  may  deem  necessary  for 
the  preservation  of  health  and  protection  of  persons  and 
property;  to  purchase  equipment,  uniforms  and  supplies 
for  auxiliary  fire  and  police  departments,  air-raid  wardens, 
first  aid  rescue  squads,  and  other  essential  units  of  defense; 
to  provide  for  the  training  of  its  citizens  in  first  aid  and  other 
matters  essential  to  civilian  defense;  and  to  provide  for  such 
other  means  as  may  be  necessary  in  the  national  emergency 


Acts,  1941.  —  Chaps.  488,  489.  561 

for  the  protection  of  the  people  and  property  in  such  city  or 
town. 

Section  2.  For  the  purpose  of  meeting  expenditures 
herein  authorized,  a  city  or  town  may  raise  such  sums  as 
may  be  necessary  by  taxation,  or  may  borrow  from  time  to 
time,  and  may  issue  bonds  or  notes  therefor,  which  shall  bear 
on  their  face  the  words,  (city  or  town)  Defense  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.  Indebtedness  incurred  under  this  act  shall 
be  in  excess  of  the  statutory  limit,  but  shall,  except  as  pro- 
vided herein,  be  subject  to  chapter  forty-four  of  the  General 
Laws,  exclusive  of  the  limitation  contained  in  the  first  para- 
graph of  section  seven  thereof. 

Section  3.  This  act  shall  become  inoperative  on  July 
first,  nineteen  hundred  and  forty-three,  but  this  section  shall 
not  affect  any  bonds  or  notes  issued  under  this  act  prior  to 
said  date.  Ajpjproved  July  17,  1941. 


An  Act  providing  that  the  board  of  appeals  relative 

TO  ZONING  ordinances  IN  THE  CITY  OF  CAMBRIDGE  SHALL 
TEMPORARILY  REFRAIN  FROM  TAKING  ACTION  ON  CERTAIN 
APPEALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Except  in  specific  cases  where  it  is  necessary 
or  expedient  to  vary  the  application  of  any  zoning  ordinance 
of  the  city  of  Cambridge  in  order  to  assist  in  promoting  the 
defense  of  the  United  States  or  of  the  commonwealth,  the 
board  of  appeals  of  said  city  established  and  existing  under 
authority  of  chapter  forty  of  the  General  Laws  shall  not 
hear,  decide  or  take  any  action  upon  any  appeal  relative  to 
zoning  ordinances  in  said  city  between  the  effective  date  of 
this  act  and  the  first  Monday  of  January,  nineteen  hundred 
and  forty-two,  any  provision  in  section  thirty  of  said  chap- 
ter to  the  contrary  notwithstanding. 

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

Approved  July  17,  1941. 

An  Act  ratifying  a  proposed  compact  between  the 
commonwealth  and  certain  other  states  mentioned 
therein,  providing  for  better  utilization  of  the 
fisheries,    marine,    shell   and   anadromous,    of   the 

ATLANTIC  seaboard,  AND  PROVIDING  FOR  THE  APPOINT- 
MENT AND  COMPENSATION  OF  THE  MEMBERS  REPRESENT- 
ING THE  COMMONWEALTH  UPON  THE  COMMISSION  THEREBY 
ESTABLISHED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor,  on  behalf  of  this  common- 
wealth, is  hereby  authorized  to  enter  into  a  compact,  sub- 
stantially in  the  following  form,  with  any  one  or  more  of  the 


Chap. 488 


Chap.489 


562  Acts,  1941.  — Chap.  489. 

slates  of  Maine,  New  Ilanipsliire,  Rhotle  Island,  Connecti- 
cut, New  York,  New  Jersey,  l^elaware,  Maryland,  Mrginia, 
North  Carolina,  South  Carolina,  Georgia  and  Florida  and 
with  such  other  states  as  may  legally  join  therein,  and  the 
general  court  hereby  signifies  in  advance  its  approval  ^nd 
ratification  of  such  a  compact  so  entered  into,  such  approval 
and  ratification  to  be  effective  upon  the  filing  of  a  copy  of 
such  compact  in  the  office  of  the  state  secretary :  — 

Atlantic  States  Marine  Fisheries  Compact. 
The  contracting  states  solemnly  agree : 

Article  I. 

The  purpose  of  this  compact  is  to  promote  the  better 
utilization  of  the  fisheries,  marine,  shell  and  anadromous,  of 
the  Atlantic  seaboard  by  the  development  of  a  joint  program 
for  the  promotion  and  protection  of  such  fisheries,  and  by 
the  prevention  of  the  physical  waste  of  the  fisheries  from 
any  cause.  It  is  not  the  purpose  of  this  compact  to  authorize 
the  states  joining  herein  to  limit  the  production  of  fish  or  fish 
products  for  the  purpose  of  establishing  or  fixing  the  price 
thereof,  or  creating  and  perpetuating  monopoly. 

Article  II. 

This  agreement  shall  become  operative  immediately  as  to 
those  states  executing  it  whenever  any  two  or  more  of  the 
states  of  Maine,  New  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  New  Jersey,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina, 
Georgia  and  Florida  have  executed  it  in  the  form  which  is 
in  accordance  with  the  laws  of  the  executing  state  and  the 
Congress  has  given  its  consent.  Any  state  contiguous  with 
any  of  the  aforementioned  states  and  riparian  upon  waters 
frequented  by  anadromous  fish,  flowing  into  waters  under 
the  jurisdiction  of  any  of  the  aforementioned  states,  may 
become  a  party  hereto  as  hereinafter  provided. 

Article  II L 

Each  state  joining  herein  shall  appoint  three  representa- 
tives to  a  Commission  hereby  constituted  and  designated  as 
the  Atlantic  States  Marine  Fisheries  Commission,  herein- 
after referred  to  as  the  commission.  One  shall  be  the  execu- 
tive officer  of  the  administrative  agency  of  such  state  charged 
with  the  conservation  of  the  fisheries  resources  to  which  this 
compact  pertains  or,  if  there  be  more  than  one  officer  or 
agency,  the  official  of  that  state  named  by  the  governor 
thereof.  The  second  shall  be  a  member  of  the  legislature  of 
such  state  designated  by  the  Commission  or  Committee  on 
Interstate  Cooperation  of  such  state,  or  if  there  be  none,  or  if 
said  Commission  on  Interstate  Cooperation  cannot  constitu- 
tionally designate  the  said  member,  such  legislator  shall  be 


Acts,  1941.  — Chap.  489.      .  563 

tlesignated  by  the  Governor  thereof;  providctl,  that  if  it  is 
constitutionally  impossible  to  appoint  a  legislator  as  a  com- 
missioner from  such  state,  the  second  member  shall  be  ap- 
pointed by  the  governor  of  said  state  in  his  discretion.  The 
third  shall  be  a  citizen  who  shall  have  a  knowledge  of  and 
interest  in  the  marine  fisheries  problem  to  be  appointed  by 
the  governor.  The  Commission  shall  be  a  body  corporate 
with  the  powers  and  duties  set  forth  herein. 

Article  IV. 

The  duty  of  the  Commission  shall  be  to  make  inquiry  and 
ascertain  from  time  to  time  such  methods,  practices,  cir- 
cumstances and  conditions  as  may  be  disclosed  for  bringing 
about  the  conservation  and  the  prevention  of  the  depletion 
and  physical  waste  of  the  fisheries,  marine,  shell  and  anadro- 
mous,  of  the  Atlantic  seaboard.  The  Commission  shall  have 
power  to  recommend  the  coordination  of  the  exercise  of  the 
police  powers  of  the  several  states  within  their  respective 
jurisdictions  to  promote  the  preservation  of  those  fisheries 
and  their  protection  against  overfishing,  waste,  depletion  or 
any  abuse  whatsoever  and  to  assure  a  continuing  yield  from 
the  fisheries  resources  of  the  aforementioned  states. 

To  that  end  the  Commission  shall  draft  and,  after  consul- 
tation with  the  advisory  committee  hereinafter  authorized, 
recommend  to  the  governors  and  legislatures  of  the  various 
signatory  states  legislation  dealing  with  the  conservation  of 
the  marine,  shell  and  anadromous  fisheries  of  the  Atlantic 
seaboard.  The  Commission  shall,  more  than  one  month  prior 
to  any  regular  meeting  of  the  legislature  in  any  signatory 
state,  present  to  the  governor  of  the  state  its  recommenda- 
tions relating  to  enactments  to  be  made  by  the  legislature 
of  that  state  in  furthering  the  intents  and  purposes  of  this 
compact. 

The  Commission  shall  consult  with  and  advise  the  perti- 
nent administrative  agencies  in  the  states  party  hereto  with 
regard  to  problems  connected  with  the  fisheries  and  recom- 
mend the  adoption  of  such  regulations  as  it  deems  advisable. 

The  Commission  shall  have  power  to  recommend  to  the 
states  party  hereto  the  stocking  of  the  waters  of  such  states 
with  fish  and  fish  eggs  or  joint  stocking  by  some  or  all  of  the 
states  party  hereto  and  when  two  or  more  of  the  states  shall 
jointly  stock  waters  the  Commission  shall  act  as  the  co- 
ordinating agency  for  such  stocking. 

Article  V. 

The  Commission  shall  elect  from  its  number  a  chairman 
and  a  vice  chairman  and  shall  appoint  and  at  its  pleasure 
remove  or  discharge  such  officers  and  employees  as  may  be 
required  to  carry  the  provisions  of  this  compact  into  effect 
and  shall  fix  and  determine  their  duties,  quafifications  and 
compensation.  The  Commission  shall  adopt  rules  and  regu- 
lations for  the  conduct  of  its  business.    It  may  establish  and 


564  Acts,  1941.  — Chap.  489. 

maintain  one  or  more  offices  for  the  transaction  of  its  business 
and  may  meet  at  any  time  or  place  but  must  meet  at  least 
once  a  year. 

Article  VI. 

No  action  shall  be  taken  by  the  Commission  in  regard  to 
its  general  affairs  except  by  the  affirmative  vote  of  a  majority 
of  the  whole  number  of  compacting  states  present  at  any 
meeting.  No  recommendation  shall  be  made  by  the  Com- 
mission in  regard  to  any  species  of  fish  except  by  the  affirma- 
tive vote  of  a  majority  of  the  compacting  states  which  have 
an  interest  in  such  species.  The  Commission  shall  define 
what  shall  be  an  interest. 

Article  VII. 

The  Fish  and  Wildhfe  Service  of  the  Department  of  the 
Interior  of  the  United  States  shall  act  as  the  primary  re- 
search agency  of  the  Commission  cooperating  with  the  re- 
search agencies  in  each  state  for  that  purpose.  Repre- 
sentatives of  said  Fish  and  Wildfife  Service  shall  attend 
the  meetings  of  the  Commission. 

An  advisory  committee  to  be  representative  of  the  com- 
mercial fishermen  and  the  salt  water  anglers  and  such  other 
interests  of  each  state  as  the  Commission  deems  advisable 
shall  be  established  by  the  Commission  as  soon  as  practicable 
for  the  purpose  of  advising  the  Commission  upon  such  recom- 
mendations as  it  may  desire  to  make. 

Article  VIII. 

When  any  state  other  than  those  named  specifically  in 
Article  II  of  this  compact  shall  become  a  party  thereto  for 
the  purpose  of  conserving  its  anadromous  fish  in  accordance 
with  the  provisions  of  Article  II  the  participation  of  such 
state  in  the  action  of  the  Commission  shall  be  limited  to  such 
species  of  anadromous  fish. 

Article  IX. 

Nothing  in  this  compact  shall  be  construed  to  hmit  the 
powers  of  any  signatory  state  or  to  repeal  or  prevent  the 
enactment  of  any  legislation  or  the  enforcement  of  any  re- 
quirement by  any  signatory  state  imposing  additional  con- 
ditions and  restrictions  to  conserve  its  fisheries. 

Article  X. 

Continued  absence  of  representation  or  of  any  repre- 
sentative on  the  Commission  from  any  state  party  hereto 
shall  be  brought  to  the  attention  of  the  governor  thereof. 

Article  XI. 

The  states  party  hereto  agree  to  make  annual  appropria- 
tions to  the  support  of  the  Commission  in  proportion  to  the 


Acts,  1941.  —  Chap.  489. 


565 


primary  market  value  of  the  products  of  their  fisheries,  ex- 
clusive of  cod  and  haddock,  as  recorded  in  the  most  recent 
published  reports  of  the  Fish  and  Wildlife  Service  of  the 
United  States  Department  of  the  Interior;  provided,  that 
no  such  state  shall  contribute  less  than  two  hundred  dollars 
per  annum  and  that  the  annual  contribution  of  each  such 
state  above  the  minimum  shall  be  figured  to  the  nearest  one 
hundred  dollars. 

The  compacting  states  agree  to  appropriate  initially  the 
annual  amounts  scheduled  below,  which  amounts  are  cal- 
culated in  the  manner  set  forth  herein,  on  the  basis  of  the 
catch  record  of  nineteen  hundred  and  thirty-eight.  Sub- 
sequent budgets  shall  be  recommended  by  a  majority  of  the 
Commission  and  the  cost  thereof  allocated  equitably  among 
the  states  in  accordance  with  their  respective  interests  and 
submitted  to  the  compacting  states. 

Schedule  of  Initial  Annual  State  Contributions. 

Maine $700 

New  Hampshire          ......  200 

Massachusetts  .......  2,300 

Rhode  Island 300 

Connecticut       .          .          .          .          .          .          .  400 

New  York 1,300 

New  Jersey 800 

Delaware 200 

Maryland           . 700 

Virginia     .          .          .          .          .          .          .          .  1,300 

North  Carolina            ......  600 

South  Carolina 200 

Georgia 200 

Florida 1,500 


Article  XII. 

This  compact  shall  continue  in  force  and  remain  binding 
upon  each  compacting  state  until  renounced  by  it.  Renunci- 
ation of  this  compact  shall  be  preceded  by  sending  by  the 
governor,  in  writing,  to  the  other  states  party  hereto,  six 
months'  notice  of  intention  to  withdraw  from  the  compact. 

Section  2.  When  the  governor  shall  have  executed  said 
compact  on  behalf  of  this  commonwealth  and  caused  a  cor- 
rect copy  thereof  to  be  filed  in  the  office  of  the  state  secre- 
tary, as  required  by  section  one,  and  said  compact  shall 
have  been  ratified  by  one  or  more  of  the  states  named  in 
Article  II  thereof  in  accordance  with  the  constitution  and 
laws  of  such  state  or  states,  then  said  compact  shall  become 
operative  and  effective  as  between  this  commonwealth  and 
such  other  state  or  states.  The  governor  is  hereby  authorized 
and  directed,  upon  the  execution  of  said  compact  by  him  and 
the  filing  of  the  required  copy  thereof  in  the  office  of  the  state 
secretary,  to  notify  forthwith  the  governors  of  the  said 
named  states  and  the  president  of  the  United  States,  that 
the  commonwealth  on  its  part  has  ratified  said  compact. 
The  original  notice  of  ratification  received  from  the  governor 
or  other  duly  authorized  official  of  any  state  joining  in  said 


566  Acts,  1941.  — Chap.  489. 

compact  shall  be  filed  with  the  official  copy  of  said  compact 
in  the  office  of  the  state  secretary,  and  such  notice,  if  any,  as 
maj^  be  received  from  the  president  or  the  congress  of  the 
United  States,  signifying  the  consent  of  the  congress  to  said 
compact,  shall  be  filed  in  the  same  manner. 

Section  3.  After  the  aforesaid  compact  shall  become 
operative  and  effective  as  provided  in  section  two,  the  gover- 
nor, with  the  advice  and  consent  of  the  council,  shall  desig- 
nate or  appoint  three  members,  hereinafter  called  commis- 
sioners, of  the  Atlantic  States  Marine  Fisheries  Commission, 
hereinafter  called  the  commission,  to  represent  this  common- 
wealth. One  of  such  commissioners  shall  always  be  the 
commissioner  of  conservation  for  the  time  being,  the  second 
shall  be  a  member  of  the  general  court  who  is  also  a  member 
of  the  commission  on  interstate  co-operation,  designated  by 
said  commission,  and  the  third  shall  be  a  citizen  of  the  com- 
monwealth having  a  knowledge  of  and  interest  in  marine 
fisheries  problems.  The  term  of  any  member  of  the  general 
court  designated  and  appointed  to  the  commission  shall  ter- 
minate when  he  shall  cease  to  be  a  member  of  the  general 
court  or  of  the  commission  on  interstate  co-operation,  and 
his  successor  shall  be  designated  and  appointed  in  the  same 
manner  as  an  original  designation  and  appointment.  The 
term  of  the  third  commissioner  shall  be  three  years,  and  he 
shall  hold  office  until  the  qualification  of  his  successor. 
Vacancies  shall  be  filled,  in  the  same  manner  as  an  original 
appointment,  for  the  remainder  of  the  unexpired  term.  Sec- 
tions eight  to  twelve,  inclusive,  of  chapter  thirty  of  the 
General  Laws  shall  apply  to  the  last  mentioned  member  of 
the  commission  and  to  his  successors  in  office.  The  commis- 
sioner of  conservation  as  a  commissioner  hereunder  may 
delegate  from  time  to  time  a  deputy  or  other  subordinate  in 
his  department  to  attend  and  participate  in  any  meeting  of 
or  hearing  by  or  other  proceeding  of  the  commission,  with 
authority  to  vote  as  the  representative  of  or  substitute  for 
said  commissioner.  The  terms  of  the  three  members  of  said 
commission  first  appointed  shall  be  considered  to  have  begun 
upon  the  date  when  the  compact  aforesaid  shall  become  oper- 
ative and  effective  in  accordance  with  section  two. 

Section  4.  Each  member  of  the  commission  designated 
or  appointed  by  the  governor  of  the  commonwealth  who, 
while  such  member,  neither  holds  a  salaried  state  office  nor 
is  a  member  of  the  general  court,  shall,  while  a  member  of 
the  commission,  be  paid  by  the  commonwealth  as  compen- 
sation for  his  services  the  sum  of  ten  dollars  per  day  for  each 
day's  service  performed  in  connection  with  his  duties  as  such 
member,  but  not  to  exceed  two  hundred  dollars  in  any  year. 
Such  compensation  shall  be  paid  by  the  state  treasurer  to 
each  such  member,  not  more  often  than  every  two  weeks, 
upon  bills  approved  by  the  chairman,  vice  chairman  or  clerk 
of  the  commission. 

Section  5.  The  members  of  the  commission  on  the  part 
of  the  commonwealth  shall  keep  accurate  accounts  of  all  its 


i 


Acts,  1941.— Chap.  490.  567 

receipts  and  disbursements  and  shall  report  to  the  governor 
and  the  general  court  on  or  before  tlie  tenth  day  of  Decem- 
ber annually,  setting  forth  in  detail  the  transactions  of  the 
commission  during  the  twelve  months  preceding  the  first 
day  of  December  in  said  year,  and  shall  include  in  said  report 
recommendations  for  any  legislative  action  that  the  commis- 
sion deems  advisable,  including  such  amendments  or  addi- 
tions to  the  laws  of  the  commonwealth  as  may  be  necessary 
or  desirable  to  carry  out  the  intent  and  purposes  of  the 
Atlantic  States  Marine  Fisheries  Compact  among  the  states 
joining  therein.  Approved  July  17,  1941. 


ChapA90 


An  Act  making  certain  corrective  changes  in  the 
general  laws  necessitated  by  recent  changes  in 
the  names,  titles,  powers  or  duties,  of  state  of- 
ficers or  departments,  and  making  certain  other 
corrective  changes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  sixteen  of  chapter  six  of  the  General  g- l.  (Tm. 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  ameAded.    ' 
amended  by  strildng  out,  in  the  first  line,  the  word  "staff" 
and  inserting  in  place  thereof  the  word :  —  aides-de-camp, 

—  so  as  to  read  as  follows: — Section  16.     The  aides-de-  Military 
camp  of  the  commander-in-chief  and  all  officers  included  in  "^^e'^unjer 
the  organization  of  the  land  and  naval  forces  of  the  com-  governor, 
monwealth,  including  the  adjutant  general  in  his  capacity 

as  commissioner  of  war  records  under  chapter  two  hundred 
and  eleven  of  the  acts  of  nineteen  hundred  and  twelve  and 
chapter  one  hundred  and  seven  of  the  General  Acts  of  nine- 
teen hundred  and  nineteen,  shall  serve  under  the  governor 
in  his  capacity  as  commander-in-chief. 

Section  2.    Section  four  of  chapter  twenty  of  the  General  p'^jVio^'s^ 
Laws,  as  most  recently  amended  by  section  one  of  chapter  etc^.aniendet'i. 
three  hundred  and  forty  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  inserting  after  the 
word  "control"  in  the  fourth  line  the  words: —  and  fairs, 

—  and'by  striking  out,  in  the  fourth  and  fifth  lines,  the  words 
"a  division  of  reclamation,  soil  survey  and  fairs,",  —  so  as 

to  read  as  follows:  —  Section  4-  The  commissioner  shall  or-  organization 
ganize  the  department  in  divisions,  including  a  division  of  "f  agncuiture^ 
dairying  and  animal  husbandry,  a  division  of  plant  pest  con- 
trol and  fairs,  a  division  of  markets,  a  division  of  livestock 
disease  control,  and  such  other  divisions  as  he  may  from 
time  to  time  determine,  and  shall  assign  to  said  divisions 
their  functions.  The  work  of  each  division  shall  be  in  charge 
of  a  director.  The  director  of  the  division  of  livestock  dis- 
ease control  shall  be  known  as  the  director  of  livestock  dis- 
ease control,  and  shall  be  appointed  and  may  be  removed 
by  the  governor,  with  the  advice  and  consent  of  the  council. 
The  commissioner  shall  appoint  and  may  remove  a  director 
for  each  of  the  other  divisions.    The  compensation  of  direc- 


568 


Acts,  1941.  — Chap.  490. 


G.  L.  (Ter. 
Ed.),  21, 
§  12,  etc., 
amended. 


Experts,  etc., 
in  depart- 
ment of 
conservation. 


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


Di%'ision8  in 
department  of 
labor  and 
industries. 


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


Salaries  of 
directors,  etc. 


tors  shall  be  fixed  by  the  commissioner,  with  the  approval 
of  the  governor  and  council.  The  commissioner  may  also 
appoint  an  inspector  of  apiaries  and,  except  as  to  the  division 
of  livestock  disease  control,  such  other  inspectors,  investi- 
gators, scientific  experts,  clerks  and  other  officers  and  assist- 
ants as  the  work  of  the  department  may  require  and  may 
assign  them  to  divisions,  transfer  and  remove  them. 

Section  3.  Section  twelve  of  chapter  twenty-one  of  the 
General  Laws,  as  amended  by  section  three  of  chapter 
seventy-five  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  is  hereby  further  amended  by  inserting  after  the  word 
"parks"  in  the  second  line  the  words:  —  and  recreation,  — 
so  as  to  read  as  follows: —  Section  12.  The  director  of  the 
division  of  parks  and  recreation  may  appoint  and  remove 
such  experts  and  clerical  and  other  assistants  as  the  work 
of  said  division  may  require,  subject  to  the  approval  of  the 
commissioner  in  case  said  offices  of  commissioner  and  direc- 
tor are  held  by  different  persons.  The  said  director  shall  be 
allowed  necessary  traveling  expenses  for  himself  and  his  -em- 
ployees incurred  in  the  discharge  of  the  functions  of  said 
division. 

Section  4.  Section  three  of  chapter  twenty-three  of  the 
General  Laws,  as  most  recently  amended  by  section  one  of 
chapter  four  hundred  and  seventy-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-five,  is  hereby  further  amended  by 
striking  out  the  third  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  He  shall  organize  in  the  depart- 
ment a  division  of  standards,  a  division  on  the  necessaries 
of  life,  a  division  of  occupational  hygiene,  and  such  other 
divisions  as  he  may  from  time  to  time  determine.  This 
section  shall  not  authorize  any  action  affecting  the  division 
of  unemployment  compensation,  provided  for  in  section 
nine  L 

Section  5.  Section  four  of  said  chapter'  twenty-three,  as 
most  recently  amended  by  section  one  of  chapter  two  hun- 
dred and  sixty-one  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  further  amended  by  striking  out,  in  the  ninth 
and  tenth  lines,  the  words  "public  employment  offices" 
and  inserting  in  place  thereof  the  words :  —  unemployment 
compensation,  —  so  as  to  read  as  follows:  —  Section  4.  The 
commissioner,  assistant  commissioner  and  associate  commis- 
sioners may,  with  the  approval  of  the  governor  and  council, 
appoint,  ancl  fix  the  salaries  of,  not  more  than  five  directors, 
and  may,  with  like  approval,  remove  them.  One  of  them, 
to  be  known  as  the  director  of  standards  and  necessaries  of 
life,  shall  have  charge  of  the  division  of  standards  and  of  the 
division  on  the  necessaries  of  life,  and  each  of  the  others  shall 
be  assigned  to  take  charge  of  a  division,  other  than  the 
division  of  unemployment  compensation.  The  commissioner 
may  employ,  for  periods  not  exceeding  ninety  days,  such 
experts  as  may  be  necessary  to  assist  the  department  in 
the  performance  of  any  duty  imposed  upon  it  by  law,  and 
such  employment  shall  be  exempt  from  chapter  thirty-one. 


Acts,  1941.  — Chap.  490.  569 

Except  as  otherwise  provided,  the  commissioner  may  em- 
ploy and  remove  such  inspectors,  investigators,  clerks  and 
other  assistants  as  the  work  of  the  department  may  require. 
Such  number  of  inspectors  as  the  commissioner  may  deem 
necessary  shall  be  men  who,  before  their  employment  as 
such,  have  had  at  least  three  years'  experience  as  building 
construction  workmen.  The  commissioner  may  require  that 
certain  inspectors  in  the  department,  not  more  than  seven 
in  number,  shall  be  persons  qualified  by  training  and  experi- 
ence in  matters  relating  to  health  and  sanitation. 

Section  6.    Section  nine  E  of  said  chapter  twenty-three,  Sj^ipjoE 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  ameAded. 
by  inserting  after  the  word  "division"  in  the  first  line  the 
words :  —  on  the  necessaries  of  life,  —  so  as  to  read  as  fol- 
lows :  —  Section  9E.    The  division  on  the  necessaries  of  life  Division  on 
shall  study  and  investigate  the  circumstances  affecting  the  sariM^ofiife 
prices  of  fuel,  gasoline  and  refined  petroleum  products  and  gt^^ies''"''* 
other  commodities  which  are  necessaries  of  life.    It  may  in- 
quire into  all  matters  relating  to  the  production,  transporta- 
tion, distribution  and  sale  of  the  said  commodities,  and  into 
all  facts  and  circumstances  relating  to  the  cost  of  produc- 
tion, wholesale  and  retail  prices  and  the  method  pursued  in 
the  conduct  of  the  business  of  any  persons,  firms  or  corpo- 
rations engaged  in  the  production,  transportation,  or  sale  of 
the  said  commodities,  or  of  any  business  which  relates  to  or 
affects  the  same.     It  shall  also  study  and  investigate  the 
circumstances  affecting  the  charges  for  rent  of  property  used 
for  living  quarters,  and  in  such  investigation  may  inquire 
into  all  matters  relating  to  charges  for  rent. 

Section  7.     Section  six  of  chapter  twenty-nine  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  six  of  §  e',  etc' 
chapter  five  hundred  and  two  of  the  acts  of  nineteen  hun-  amended, 
dred  and  thirty-nine,  is  hereby  further  amended  by  striking 
out,  in  the  thirty-seventh  and  thirty-eighth  lines,  the  words 
",  not  including  any  services  or  expenses  in  any  way  relat- 
ing to  marine  fisheries",- —  so  that  the  sentence  contained 
in  the  twenty-sixth  to  the  thirty-eighth  lines,  inclusive,  will 
read  as  follows :  —  The  budget  shall  include,  for  each  such  certain  items 
fiscal  year,  a  sum,  equal  at  least  to  the 'total  amount  received  if^^^^f^  ^''^' 
by  the  division  of  fisheries  and  game  of  the  department  of  fisheries  and 
conservation  during  the  last  fiscal  year  of  the  preceding  bien-  fncTuded  in 
nium  from  license  and  other  fees  and  fines  under  the  laws  the  budget, 
relating  to  game  and  inland  fisheries,  and  also  a  sum  equal 
to  one  half  of  the  amount  necessary  for  payment  for  per- 
sonal services  and  other  expenses  for  or  on  account  of  the 
enforcement  of  said  laws;   and  said  sums  shall  be  appropri- 
ated for  each  such  fiscal  year  for  the  general  purposes  of 
said  division  of  fisheries  and  game. 

Section  8.     Section  seventy-nine  of  chapter  thirty-three  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  section  one  of  chapter  ^tc'amendld. 
four  hundred  and  twenty-five  of  the  acts  of  nineteen  hun- 
dred and  thirty-nine,  is  hereby  amended  by  striking  out, 
in  the  twenty-first  line,  the  word  "staff"  and  inserting  in 


570 


Acts,  1941.  — Chap.  490. 


Oath  of  office 
in  organized 
militia. 


G.  T-.  (Tcr. 
Ed.),  40,  I  11, 
amended. 


Prevention  of 
forest  fires. 

Replacing  de- 
stroyed, etc., 
equipment, 
appropria- 
tion for. 


G.  L.  (Tcr. 

Ed.),  48, 

§  8,  amended. 


Forest 
wardens, 
appoint- 
ment of. 


place  thereof  the  word :  —  aides-de-camp,  —  so  that  the  para- 
graph contained  in  the  eighteenth  to  the  twenty-fifth  hnes, 
inchisive,  will  read  as  follows :  — 

All  officers  shall  take  and  subscribe  the  said  oaths  before 
any  competent  authority  or  an  officer  qualified  under  sec- 
tion one  hundred  and  forty  to  administer  oaths,  except  re- 
tired officers  and  the  aides-de-camp  of  the  commander- 
in-chief  who  may  take  said  oaths  before  any  competent 
authority;  and  the  following  certificate  shall  be  printed  on 
every  commission  and  shall  be  signed  by  the  person  before 
whom  the  officer  is  qualified: 

Section  9.  Section  eleven  of  chapter  forty  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  the  sixth  line,  the  words  "state 
forester"  and  inserting  in  place  thereof  the  words:  —  director 
of  the  division  of  forestry  in  the  department  of  conservation, 
—  and  by  striking  out,  in  the  ninth,  the  fourteenth  and  the 
nineteenth  lines,  the  words  "the  state  forester"  and  insert- 
ing in  place  thereof,  in  each  instance,  the  words :  —  said 
director,  —  so  as  to  read  as  follows:  —  Section  11.  A  town 
which  accepts  this  section,  or  has  accepted  corresponding 
provisions  of  earlier  laws,  may  appropriate  money  for  the 
prevention  of  forest  fires  to  an  amount  not  exceeding  one 
tenth  of  one  per  cent  of  its  valuation.  Every  such  town  with 
a  valuation  of  one  million  seven  hundred  and  fifty  thousand 
dollars  or  less  which  appropriates  and  expends  money,  with 
the  approval  of  the  director  of  the  division  of  forestry  in 
the  department  of  conservation,  for  apparatus  to  be  used 
in  preventing  or  extinguishing  forest  fires,  or  for  making  pro- 
tective belts  or  zones  as  a  defence  against  forest  fires,  shall, 
upon  the  recommendation  of  said  director,  approved  by  the 
governor,  receive  from  the  commonwealth  a  sum  equal  to 
one  half  of  the  said  expenditure;  but  no  town  shall  receive 
more  than  two  hundred  and  fifty  dollars.  A  sum  not  ex- 
ceeding five  thousand  dollars  may  annually  be  expended  by 
the  commonwealth  for  this  purpose.  Whenever  it  has  been 
demonstrated  to  the  satisfaction  of  said  director  that  such 
equipment  has  been  destroyed  or  has  become  unfit  for  use, 
the  town  shall  be  reimbursed  by  the  commonwealth  one 
half  the  cost  of  replacing  the  same ;  provided  that  the  amount 
paid  to  any  one  town  in  any  one  j^ear  shall  not  exceed  fifty 
dollars.  All  equipment  purchased  under  this  section  shall 
be  in  the  custody  and  care  of  the  town  forest  warden.  Said 
director  or  his  deputies  may  inspect  such  equipment  at  such 
times  as  they  may  deem  necessary. 

Section  10.  Section  eight  of  chapter  forty-eight  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  strik- 
ing out,  in  the  third  line,  the  words  "state  forester"  and 
inserting  in  place  thereof  the  wortls:  —  director  of  the  divi- 
sion of  forestry  in  the  department  of  conservation,  —  so 
as  to  read  as  follows:  —  Section  8.  The  mayor  in  cities  and, 
except  as  provided  in  section  forty-three,  the  selectmen  in 
towns  shall  annually,  in  January,  appoint  a  forest  warden, 


Acts,  1941.  —  Chap.  490.  571 

and  forthwith  give  notice  thereof  to  the  director  of  the  divi- 
sion of  forestry  in  the  department  of  conservation,  in  this 
chapter  called  the  forester.  (Such  appointment  shall  not  take 
effect  unless  approved  by  the  forester"?)  When  so  approved 
notice  of  the  appointment  shall  be  given  by  the  mayor  or 
selectmen  to  the  person  so  appointed.  Whoever  having 
been  duly  appointed  fails  within  seven  days  after  receipt 
of  such  notice  to  file  with  the  city  or  town  clerk  his  accept- 
ance or  refusal  of  the  office  shall,  unless  excused  by  the  mayor 
or  selectmen,  forfeit  ten  dollars.  The  same  person  may  hold 
the  offices  of  tree  warden,  selectman,  chief  of  fire  department 
and  forest  warden.  Upon  the  failure  of  the  mayor  of  a  city 
or  the  selectmen  of  a  town  to  make  such  appointment  in  the 
month  of  January,  the  forester  shall  notify  the  mayor  or 
selectmen  so  to  do,  and  if  the  mayor  or  selectmen  fail  to 
comply  within  fourteen  days  after  receipt  of  such  notice, 
the  forester  may  appoint  as  forest  warden  in  such  city  or  town 
a  suitable  person,  who  shall  be  a  resident  thereof. 

Section  11.     Section  fifteen  of  said  chapter  forty-eight,  g  L.a'er. 
as  amended  by  section  eight  of  chapter  one  hundred  and  §15,' etc., 
eighty  of  the  acts  of  nineteen  hundred  and  thirty-two,  is  amended. 
hereby  further  amended  by  striking  out,  in  the  seventh  line, 
the  words  "or  a  deputy  fish  and  game  warden",  —  and  by 
inserting  before  the  word  "fish"  in  the  sixth  line  the  words: 
—  conservation  officer,  a  deputy  conservation  officer  or  a,  — 
so  as  to  read  as  follows:  —  Section  15.     The  forester,  the  Arrest  without 
state  fire  warden  or  any  duly  authorized  assistant,  the  forest  "'"■■■'"'*• 
warden  in  a  town  or  the  official  performing  the  duties  of  a  v^iu^orcst"'^" 
forest  warden  in  a  city,  or  any  duly  appointed  deputy  forest  fi>-es. 
warden,  the  director  of  the  division  of  fisheries  and  game,  a 
conservation  officer,  a  deputy  conservation  officer  or  a  fish 
and  game  warden  may  arrest  without  warrant  any  person 
found  in  the  act  of  setting,  maintaining  or  increasing  a  fire 
in  violation  of  section  thirteen.    They  shall  take  precautions 
to  prevent  the  progress  of  forest  fires,  or  the  improper  kin- 
dling thereof,  and  upon  the  discovery  of  any  such  fire  shall 
immediately  require  the  necessary  assistance  in  accordance 
with  section  ten,  the  provisions  of  which  and  of  sections 
eleven  and  twelve  are  hereby  made  applicable  in  such  case, 
and  shall  notify  the  local  forest  warden. 

Section  12.     Section    twenty-eight    A    of    said    chapter  g.  l.  (Ter. 
forty-eight,  as  appearing  in  the  Tercentenary  Edition,  is  amended. ^  ^^'^' 
hereby  amended  by  striking  out,  in  the  third  fine,  the  word 
"state",  —  so  as  to  read  as  follows:  —  Section  28 A.     Upon  Appointment 
written   appfication   of  the   county  commissioners  of   any  ofifcefs^to"''' 
county  which  accepts  this  section  by  vote  of  said  commis-  patrol  forests 
sioners,  the  forester  may  appoint  additional  temporary  offi-  countiS" 
cers  in  the  division  of  forestry  or  detail  assistants  to  the 
state  fire  w^arden  to  such  number  as  may  be  necessary,  who 
shall  patrol  the  forests  in  the  towns  of  such  county,  during 
those  seasons  of  the  year  when  forest  fires  are  likely  to  occur 
therein  for  the  purpose  of  detecting  and  preventing  such 
fires.    One  half  of  the  money  expended  under  the  provisions 


572 


Acts,  1941.  — Chap.  490. 


G.  L.  (Ter. 
Ed.),  58,  §  12, 
amended. 


Commissioner 
to  certify 
charges,  etc. 


G.  L.  (Ter. 
Ed.),  58. 
§  15,  etc., 
amended. 


Effect  of  de- 
termination 
of  value  of 
certain  stater 
etc.,  lands. 


G.  L.  (Ter. 
Ed.),  61,  §  5, 
amended. 


Settlement 
of  disputes  by- 
state  forester. 


of  this  section  in  any  county  shall  be  repaid  to  the  common- 
wealth by  said  county. 

Section  13.  Section  twelve  of  chapter  fifty-eight  of  the 
General  Laws,  as  so  appearing,  is  hereby  amended  by  strik- 
ing out,  in  the  second  line,  the  words  "the  preceding  section" 
and  inserting  in  place  thereof  the  words:  —  section  eleven,  — 
and  by  striking  out,  in  the  third  line,  the  words  "board  of 
tax  appeals"  and  inserting  in  place  thereof  the  words:  — 
appellate  tax  board,  —  so  as  to  read  as  follows:  —  Section 
12.  The  commissioner,  at  the  expiration  of  ten  daj's  after 
notice  under  section  eleven  or  upon  being  informed  of  the 
decision  of  the  appellate  tax  board,  if  an  appeal  is  taken,  shall 
certify  to  the  state  treasurer  the  amount  of  charges  against 
and  credits  to  each  town  as  determined  thereunder,  and  the 
treasurer  shall  thereupon  withhold  out  of  any  sums  paj^able 
by  the  commonwealth  to  each  town  against  which  a  charge 
is  certified,  and  shall  allow  or  pay  over  to  each  town  to  which 
a  credit  is  certified,  as  the  case  may  be,  the  amount  so 
certified. 

Section  14.  Said  chapter  fifty-eight  is  hereby  further 
amended  by  striking  out  section  fifteen,  as  amended  by  sec- 
tion twenty-one  of  chapter  two  hundred  and  fifty-four  of  the 
acts  of  nineteen  hundred  and  thirty-three,  and  inserting  in 
place  thereof  the  following:  —  Section  15.  The  valuation 
determined  under  sections  thirteen  and  fourteen  shall  be  in 
effect  for  the  purposes  of  sections  seventeen  and  seventeen 
A  during  the  year  in  which  such  valuation  is  made  and  the 
four  succeeding  years,  and  until  another  valuation  is  made 
under  said  sections  thirteen  and  fourteen,  except  that  when- 
ever land  is  acquired  by  the  commonwealth  or  by  county 
commissioners  for  the  purposes  set  forth  in  section  thirteen 
the  commissioner  shall  adopt  the  assessed  valuation  of  said 
land  made  in  the  j^ear  last  preceding  such  acquisition,  and 
such  assessed  valuation  shall  be  the  valuation  of  the  land  for 
the  purposes  of  said  sections  seventeen  and  seventeen  A, 
until  a  new  valuation  is  made  by  the  commissioner  or  by  the 
appellate  tax  board  under  said  section  thirteen  or  fourteen; 
provided,  that  as  to  land  used  for  a  state  forest  such  assessed 
valuation  shall  be  reduced  by  deducting  therefrom  the  value 
of  all  forest  products  removed  from  such  land  between  Janu- 
ary first  on  which  it  was  last  assessed  and  January  first  in 
the  year  for  which  the  reimbursement  is  to  be  made,  the 
amount  thereof  to  be  certified  annually  before  February  first 
to  the  commissioner  by  the  director  of  the  division  of  forestry 
in  the  department  of  conservation. 

Section  15.  Section  five  of  chapter  sixtj'^-one  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  third  line,  the  words 
"state  forester"  and  inserting  in  place  thereof  the  words:  — 
director  of  the  division  of  forestry  in  the  department  of  con- 
servation, —  so  as  to  read  as  follows :  —  Section  5.  In  case 
of  dispute  as  to  the  eligibility  of  land  for  classification,  or  as  to 
the  volume  of  wood  or  timber  contained  on  such  land  or  cut 


Acts,  1941.  — Chap.  490.  573 

therefrom,  either  party  may  appeal  to  the  director  of  the 
division  of  forestry  in  the  department  of  conservation,  who 
shall  examine  the  property  and  hear  both  parties,  and  whose 
decision  shall  be  final. 

Section  16.     Section  one  of  chapter  sixty-four  A  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  one  of  ft?ett*.^' 
chapter  three  hundred  and  fifty-seven  of  the  acts  of  nineteen  amended. 
hundred  and  thirty-six,  is  hereby  further  amended  by  strik- 
ing out,  in  the  twenty-first  line  as  appearing  in  the  Tercen- 
tenary Edition,  the  words  "Board  of  tax  appeals"  and  in- 
serting in  place  thereof  the  words:  —  Appellate  tax  board,  — 
so  that  paragraph  (g)  will  read  as  follows: —  (g)  "Appellate  Appellate 
tax  board",  the  board  established  by  section  one  of  chapter  ^'^^  ^°^''*^- 
fifty-eight  A. 

Section  17.     Said  chapter  sixty-four  A  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  twelve,  as  appearing  in  the  f  12,' amended. 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section:  —  Section  12.     The  supreme  judicial  or  Federal  law, 
the  superior  court  shall  have  jurisdiction  in  equity  to  restrain  byfre^strSmng 
the  collection,  upon  any  sale  exempted  by  the  constitution  collection  of 
and  laws  of  the  United  States,  of  the  excise  imposed  by  this 
chapter.    The  bill  shall  be  brought  against  the  commissioner, 
whether  the  question  of  the  collection  of  the  excise  is  in  the 
hands  of  the  attorney  general  or  pending  before  the  appellate 
tax  board  or  is  still  in  the  hands  of  the  commissioner. 

Section  18.  Section  five  of  chapter  eighty-seven  of  the  g.  l.  (Ter. 
General  Laws,  as  so  appearing,  is  hereby  amended  by  strik-  §  5,  amended. 
ing  out,  in  the  eleventh,  twelfth  and  thirteenth  lines,  the 
words  "gypsy  and  brown  tail  moth  suppression,  as  carried 
on  under  the  direction  of  the  state  forester"  and  inserting 
in  place  thereof  the  words :  —  the  suppression  of  gypsy  and 
brown  tail  moths  and  tent  caterpillars  as  carried  on  by  the 
director  of  the  division  of  forestry  in  the  department  of  con- 
servation,—  so  as  to  read  as  follows: — Section  6.  Tree  Cutting  down 
wardens  and  their  deputies,  but  no  other  person,  may,  with-  bushe"Ti^'°^ 
out  a  hearing,  trim,  cut  down  or  remove  trees,  less  than  one  ob^trucf^ravei 
and  one  half  inches  in  diameter  one  foot  from  the  ground, 
and  bushes,  standing  in  public  ways;  and,  if  ordered  by  the 
mayor,  selectmen,  road  commissioners  or  highway  surveyor, 
shall  trim  or  cut  down  trees  and  bushes,  if  the  same  shall  be 
deemed  to  obstruct,  endanger,  hinder  or  incommode  persons 
traveling  thereon.  Nothing  contained  in  this  chapter  shall 
prevent  the  trimming,  cutting  or  removal  of  any  tree  which 
endangers  persons  traveling  on  a  highway,  or  the  removal  of 
any  tree,  if  so  ordered  by  the  proper  officers,  for  the  purpose 
of  widening  the  highway,  and  nothing  herein  contained  shall 
interfere  with  the  suppression  of  gypsy  and  brown  tail  moths 
and  tent  caterpillars  as  carried  on  by  the  director  of  the 
division  of  forestry  in  the  department  of  conservation  and 
the  United  States  department  of  agriculture,  except  so  much 
as  relates  to  the  cutting  and  removal  of  trees,  shrubs  and 
growths  that  are  one  and  one  half  inches  or  more  in  diam- 
eter one  foot  from  the  ground. 


574 


Acts,  1941.  — Chap.  490. 


n.  T,.  (Trr. 
VA).  04.  §  7. 
amended. 


Weight  of 
loaves  of 
bread. 


G.  I..  (Ter. 
Ed.),  98, 
amended. 

Heading 
changed. 


G.  L.  (Ter. 
Ed.).  101, 
§  1,  etc., 
amended. 


Term 

"  Director" 

defined. 

G.  L.  (Ter. 
Ed.),  101, 
§  3,  etc., 
amended. 


Section  11).  Sociion  s(>v(>ii  of  clmpior  iiiiicl y-four  of  (lir 
Cloiicral  Laws,  us  so  ai)pcarinf>;,  is  lioroljy  amoudod  by  strik- 
ing out,  ill  the  first  lino,  the  words  "the  following  section" 
and  inserting  in  place  thereof  the  words:  —  section  eight,  — 
and  by  inserting  after  the  word  "standards"  in  the  twentieth 
tine  the  words:  —  and  necessaries  of  life,  —  so  as  to  read  as 
follows:  —  Section  7.  Except  as  provided  in  section  eight, 
bread  shall  not  be  manufactured  for  sale,  sold,  or  offered  or 
exposed  for  sale  otherwise  than  by  weight,  and  shall  be  manu- 
factured for  sale,  sold,  or  offered  or  exposed  for  sale  only  in 
units  of  one  pound,  one  and  one  half  pounds,  or  multiples 
of  one  pound.  When  multiple  loaves  are  baked,  each  unit 
of  the  loaf  shall  conform  to  the  weight  required  by  this  sec- 
tion. The  weights  herein  specified  shall  mean  net  weights 
not  more  than  twelve  hours  after  baking,  or  not  more  than 
twelve  hours  after  the  sale  and  delivery  of  such  loaves  by 
the  manufacturer  or  by  his  servant  or  agent.  Such  weights 
shall  be  determined  by  the  average  weight  of  not  less  than 
six  loaves;  provided,  that  such  average  weights  shall  be 
determined  by  the  weight  of  at  least  twelve  loaves  whenever 
such  number  of  loaves  is  available  at  the  time  and  place  of 
such  weighing;  and  provided  further,  that  bread  found  upon 
any  premises  occupied  for  the  manufacture  of  bread  for  sale, 
or  any  bread  found  in  the  wagons,  trucks,  baskets,  boxes,  or 
other  delivery  vehicles  or  receptacles  owned  or  controlled  by 
the  manufacturer  of  such  bread,  and  being  transported  or 
delivered  for  sale,  shall  for  the  purposes  of  this  section  be 
deemed  to  have  been  baked  within  twelve  hours  unless  such 
bread  is  marked,  designated  or  segregated  as  stale  bread, 
under  regulations  prescribed  by  the  director  of  standards 
and  necessaries  of  life. 

Section  20.     Chapter  ninety-eight  of  the  General  Laws 
is  hereby  further  amended  by  striking  out  the  heading  im- 
mediately preceding  section  twenty-nine  and  inserting  in 
place  thereof  the  following:  — • 
certain  powers  and  duties  of  director  of  standards 

AND    necessaries    OF    LIFE. 

Section  21.  Section  one  of  chapter  one  hundred  and  one 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
two  hundred  and  eighteen  of  the  acts  of  nineteen  hundred 
and  thirty-six,  is  hereby  further  amended  by  inserting  be- 
fore the  definition  of  "Transient  vendor"  the  following  new 
definition :  — 

"Director",  the  director  of  standards  and  necessaries  of 
life  in  the  department  of  labor  and  industries. 

Section  22.  Section  three  of  said  chapter  one  hundred 
and  one,  as  amended  by  section  twenty-three  of  chapter  two 
hundred  and  sixty-one  of  the  acts  of  nineteen  hundred  and 
thirty-nine,  is  hereby  further  amended  by  striking  out,  in  the 
fourth  and  fifth  lines,  the  words  "of  standards  and  neces- 
saries of  life,  in  this  chapter  called  the  director,",  —  so  as 
to  read  as  follows:  —  Section  3.     Every  person  before  com- 


Acts,  1941.  —  Chap.  490.  575 

raencing  business  in  the  commonwealth  as  a  transient  vendor,  Licensing  of 
whether  as  principal  or  agent,  shall  make  written  appli-  ven'dors^etc. 
cation,  under  oath,  for  a  state  license  to  the  director  stating  ^^j^^  ^^ 
the  names  and  residences  of  the  owners  or  parties  in  whose  deposit, 
interest  said  business  is  to  be  conducted,  and  shall  make  a 
special  deposit  of  five  hundred  dollars  with  the  director  or 
shall  give  a  bond  in  the  sum  of  five  hundred  dollars,  payable 
to  the  director  and  his  successors,  with  sureties  approved 
by  the  director,  conditioned  upon  (1)  compliance  with  the 
provisions  of  this  chapter  relative  to  transient  vendors,  (2) 
payment  of  all  fines  or  penalties  incurred  by  him  through 
violations  of  such  provisions,  and  (3)  payment  or  satisfac- 
tion of  any  judgment  obtained  against  him  in  behalf  of  any 
creditor  whose  claim  arises  in  connection  with  the  business 
done  under  the  licensee's  state  license  and  who,  before  the 
expiration  of  sixty  days  from  the  return  or  surrender  of  said 
license  or  the  filing  of  an  affidavit  of  its  loss,  shall  have  given 
due  notice  of  his  claim  to  the  director.  Thereupon,  upon  Payment 
the  payment  of  a  fee  of  twenty-five  dollars,  the  director  shall  °^  ^®®- 
issue  to  him  a  state  license  authorizing  him  to  do  business 
as  a  transient  vendor.  Such  license  shall  expire  one  year 
from  the  date  thereof  or  on  the  day  of  its  surrender  or  of 
the  filing  of  an  affidavit  of  its  loss,  if  it  is  earlier  surrendered 
or  if  such  affidavit  is  earlier  filed.  Such  license  shall  con- 
tain a  copy  of  the  application  therefor  andof  any  statements 
required  under  section  seven,  and  shall  not  be  transferable. 
It  shall  not  authorize  more  than  one  person  to  sell  goods, 
wares  or  merchandise  as  a  transient  vendor  either  by  agent 
or  clerk  or  in  any  other  way  than  in  his  own  proper  person, 
but  a  licensee  may  have  the  assistance  of  one  or  more  per- 
sons in  conducting  his  business  who  may  aid  him  but  not 
act  for  or  without  him. 

Section  23.     Section  twenty-seven  of  said  chapter  one  g.  l.  (Xer. 
hundred  and  one,  as  appearing  in  the  Tercentenary  Edition,  §^27,' amended. 
is  hereby  amended  by  striking  out,  in  the  fourth  line,  the 
words  "director  or",  —  and  by  inserting  in  the  third  line 
after  the  word  "by"  the  words: —  the  director  or  by,  —  so 
as  to  read  as  follows :  —  Section  27.    Every  person  licensed  Endorsement 
as  a  hawker  or  pedler  shall  endorse  his  usual  signature  upon  prod'uctwn  of. 
his  license.    He  shall  produce  his  license  for  inspection  when-  ^"^  i^^spection. 
ever  demanded  by  the  director  or  by  a  mayor,  alderman, 
selectman,  inspector  of  standards,  sealer  or  deputy  sealer 
of  weights  and  measures,  city  or  town  treasurer  or  clerk, 
constable,  police  officer  or  justice  of  the  peace;    and  if  he 
fails  so  to  do,  he  shall  be  subject  to  the  same  penalty  as  if 
he  had  no  license.    The  director  shall,  at  the  expense  of  the  use  of  badges, 
licensee,  provide  a  badge  for  each  pedler  and  plates  or  tags 
for  each  pack,  parcel  or  vehicle  used  in  hawking  or  ped- 
dling.    Such  badges,  plates  or  tags  shall  bear  the  number 
of  the  license,  the  word  "pedler",  and  such  other  informa- 
tion as  the  director  may  deem  necessary.    Each  pedler  shall 
wear  his  badge  in  a  conspicuous  place.    Each  wagon  or  other 
vehicle  shall  have  attached  to  the  front  or  side  thereof,  in  a 


576 


Acts,  1941.  — Chap.  490. 


G.  L.  (Ter. 

Ed.),  101, 

§  32,  amended. 


Arrest  and 
prosecution 
of  transient 
vendors,  etc. 


G.  L.  (Ter. 

Ed.),  123, 

§  10,  amended. 


Department 
to  establish 
hospital  dis- 
tricts. 

Commitments 
regulated. 


G.  L.  (Ter. 

Ed.),  123, 

§  84,  amended. 


Detention 
and  care  of 
insane  persons 
in  United 
States  service 
regulated. 


place  where  it  may  readily  and  plainly  be  seen,  and  each 
pack  or  parcel  carried  by  a  pedler  traveling  on  foot  shall 
have  conspicuously  displayed  thereon,  the  plate  or  tag 
provided  by  the  director  with  the  license  number  attached 
thereto. 

Section  24.  Section  thirty-two  of  said  chapter  one  hun- 
dred and  one,  as  so  appearing,  is  hereby  amended  by  strik- 
ing out,  in  the  first  line,  the  word  "and",  the  first  time  said 
word  appears,  and  inserting  in  place  thereof  a  comma,  — 
so  as  to  read  as  follows :  —  Section  32.  The  director,  in- 
spectors of  standards  and,  within  their  respective  towns, 
sealers  or  deputy  sealers  of  weights  and  measures,  constables 
and  police  officers  shall  arrest  and  prosecute  every  hawker 
and  pedler,  and  transient  vendor,  whom  they  may  have 
reason  to  believe  guilty  of  violating  any  provision  of  this 
chapter. 

Section  25.  Section  ten  of  chapter  one  hundred  and 
twenty-three  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  eighth  and  ninth  lines,  the 
w^ords  "the  Westborough  state  hospital  under  section  fifty- 
six,  or  to  any  state  hospital"  and  inserting  in  place  thereof 
the  words: —  any  of  said  state  hospitals,  —  so  as  to  read 
as  follows:  —  Section  10.  The  department  shall  divide  the 
commonwealth  into  districts,  may  change  the  districts  from 
time  to  time,  and  shall  designate  the  state  hospitals  to  which 
insane,  epileptic  and  feeble  minded  persons  and  persons 
addicted  to  the  intemperate  use  of  narcotics  and  stimulants 
from  each  district  shall  be  committed.  All  such  persons 
within  each  district  shall  be  committed  to  the  state  hospi- 
tals designated  for  the  district;  except  that  persons  from  any 
district  may  be  committed  to  any  of  said  state  hospitals 
when  the  expense  of  their  support  is  paid  by  themselves  or 
friends  or  upon  the  written  approval  of  the  department,  to 
the  McLean  hospital,  to  any  private  institution  the  person 
having  charge  of  which  is  licensed  under  section  thirty-three 
or  to  an  institution  established  and  maintained  by  the 
United  States  government  the  person  having  charge  of  which 
is  licensed  under  section  thirty-four  A. 

Section  26.  Section  eighty-four  of  said  chapter  one 
hundred  and  twenty-three,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  first  and  second  lines,  the 
words  ",  except  Gardner  state  colony,",  —  so  as  to  read  as 
follows:  —  Section  84.  The  superintendent  of  any  state 
hospital  for  the  insane  or  of  the  McLean  hospital,  may  re- 
ceive for  care  and  treatment  any  person  in  the  military  or 
naval  service  of  the  United  States  who  is  suffering  from 
mental  disease  and  cannot  properly  be  cared  for  at  the  army 
post,  naval  station  or  government  hospital  where  he  is 
stationed  or  happens  to  be,  upon  the  written  application  of 
the  medical  officer  in  charge  thereof,  who  shall  make  a  full 
statement  of  the  case  in  such  form  as  the  department  pre- 
scribes. Unless  otherwise  ordered  by  the  proper  military  or 
naval  authority,  persons  received  into  ^an  institution  under 


Acts,  1941.  —  Chap.  490.  577 

this  section  may  be  detained  therein  for  a  period  not  exceed- 
ing sixty  days,  except  that  further  detention,  if  necessary, 
may  be  authorized  by  the  department. 

Section  27.     Chapter  one  hundred  and  twenty-seven  of  EdM^27'^" 
the  General  Laws  is  hereby  amended  by  striking  out  section  §  i,  amended, 
one,   as  so  appearing,  and  inserting  in  place  thereof  the 
following  section:  —  Section  1.     In  this  chapter  "commis- Definitions, 
sioner"  shall  mean  the  commissioner  of  correction.    "Parole 
board"  shall  mean  the  parole  board  of  the  department  of 
correction. 

Section  28.     Section    eighty-four   of   said    chapter   one  g.  l.  (Ter. 
hundred    and    twenty-seven,    as    so    appearing,    is    hereby  §  84,'  amended. 
amended  by  striking  out,  in  the  seventh  line,  the  words 
"state  forester"  and  inserting  in  place  thereof  the  words:  — 
director  of  the  division  of  forestry  in  the  department  of  con- 
servation,—  so  as  to  read  as  follows:  —  Section  84.     The  improvement 
county    commissioners    of    any    county    may   purchase   or  by^rison'^'^^ 
lease  land,  with  funds  specifically  appropriated  therefor  by  ^^^jj^^f '3^*^;^^ 
the  general  court,  for  the  purpose  of  improving  and  cultivat-  therefor, 
ing  the  land  by  the  labor  of  prisoners  from  a  jail  or  house 
of  correction;   and  the  said  commissioners  may  also  make 
arrangements  with  the  department  of  public  works  or  with 
the  officials  of  a  town  to  employ  said  prisoners  on  any  high- 
way or  unimproved  land,  or  with  the  director  of  the  division 
of  forestry  in  the  department  of  conservation  for  the  re- 
forestation, maintenance  or  development  of  state  forests,  or 
with  a  private  owner  to  improve  waste  or  unused  land,  or 
land  used  for  agricultural  or  domestic  purposes,  by  means  of 
such  prison  labor.    When  prisoners  are  so  employed  they  shall 
be  in  the  custody  of  the  sheriff  of  the  county.    When  land 
that  is  not  the  property  of  the  county  or  is  a  public  way  or 
state  forest  is  so  improved,  the  owners  thereof  or  those  having 
the  way  or  forest  in  charge  shall  pay  to  the  county  such 
sums  as  may  be  agreed  upon  between  the  county  commis- 
sioners, sheriff,  and  the  other  parties  in  interest  for  the  labor 
of  any  prisoners  employed  thereon. 

Section  29.     Section  one  of  chapter  one  hundred  and  E^V^^Jg^' 
twenty-eight  of  the  General  Laws,  as  so  appearing,  is  hereby  §  1',  kmen'ded. 
amended  by  inserting  after  the  word  "control"  in  the  fifth 
line  the  words:  —  and  fairs,  —  so  as  to  read  as  follows:  — 
Section  1.     The  following  words  as  used  in  this   chapter  Definitiona. 
shall  have  the  following  meanings  unless  the  context  other- 
wise requires:    "Commissioner",  the  commissioner  of  agri- 
culture.     "Department",    the   department   of   agriculture. 
"Director",  in  sections  sixteen  to  thirty-one,  inclusive,  the 
director  of  the  division  of  plant  pest  control  and  fairs.    "In- 
spector", in  sections  thirty-two  to  thirty-eight,  inclusive, 
the  inspector  of  apiaries.    "  Trustees  ",  the  trustees  for  county 
aid  to  agriculture. 

Section  30.     Said    chapter    one    hundred    and    twenty-  g.  l.  (Ter. 
eight  is  hereby  further  amended  by  striking  out  paragraph  f 2;^amended. 
(a)  of  section  two,  as  so  appearing,  and  inserting  in  place 
thereof  the  following  paragraph :  — 


578 


Acts,  1941.  — Chap.  490. 


Certain  duties 
of  department 
of  agriculture 
defined. 


G.  L.  (Ter. 
Ed.),  128, 
new  heading. 


G.  L.  (Ter. 

Ed.),  128, 

§  16,  amended. 


Entry  into 
public  or 
private  grounds 
regulated. 


G.  L.  (Ter. 

Ed.),  128. 

i  22,  amended. 


Protection 
against  white 
pine  bUster 
rust. 


G.  L.  (Ter. 

Ed.),  128, 

§  23,  amended. 


Compensation 
for  damage 
incident  to 
controlling 
white  pine 
blister  rust. 


(a)  Execute  and  carry  into  effect  the  laws  relative  to  dairy 
products,  animal  breeding,  apple  grading,  plant  pest  control 
except  the  gypsy  and  brown  tail  moths  and  the  tent  cater- 
pillars, apiary  inspection,  and  the  production,  storage,  mar- 
keting and  distribution  of  agricultural  products. 

Section  31.  Said  chapter  one  hundred  and  twenty- 
eight  is  hereby  further  amended  by  striking  out  the  head- 
ing before  section  sixteen  and  inserting  in  place  thereof  the 
following  heading :  — 

DIRECTOR    OF    THE    DIVISION    OF    PLANT    PEST    CONTROL    AND 

FAIRS. 

Section  32.  Section  sixteen  of  said  chapter  one  hundred 
and  twenty-eight,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "control"  in  the  first  line  the  words: 

—  and  fairs,  —  so  as  to  read  as  follows:  —  Section  16.  The 
director  of  the  division  of  plant  pest  control  and  fairs,  and 
his  assistants,  may  at  all  times  enter  any  public  or  private 
grounds  in  the  performance  of  any  duty  required  by  sections 
seventeen  to  thirty-one,  inclusive. 

Section  33.  Section  twenty-two  of  said  chapter  one  hun- 
dred and  twenty-eight,  as  so  appearing,  is  hereby  amended 
by  striking  out,  in  the  eighth  line,  the  words  "state 
forester"  and  inserting  in  place  thereof  the  words:  —  di- 
rector of  the  division  of  forestry  in  the  department  of  con- 
servation, —  so  as  to  read  as  follows :  —  Section  22.  If  the 
director,  either  personally  or  through  his  assistants,  finds 
ribes,  that  is,  any  variety  of  currants  or  gooseberries,  whether 
wild  or  cultivated,  or  five  leafed  pines,  which  are  either  in- 
fected with  white  pine  blister  rust,  or  so  situated  that  in  his 
opinion  they  are  likely  to  become  so  infected,  he  or  his  assist- 
ants may  destroy  or  cause  to  be  destroyed  such  ribes  or  five 
leafed  pines.  In  carrying  out  his  duties  under  this  section 
the  director  shall  as  far  as  practicable  co-operate  with  the 
director  of  the  division  of  forestry  in  the  department  of  con- 
servation, local  tree  wardens,  moth  superintendents,  city 
foresters  and  forest  wardens. 

Section  34.  Section  twenty-three  of  said  chapter  one 
hundred  and  twenty-eight,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  second  and  third  lines,  the 
words  "the  two  preceding  sections"  and  inserting  in  place 
thereof  the  words :  —  sections  twenty-one  and  twenty-two,  — 
and  by  striking  out,  in  the  ninth  line,  the  words  "state 
forester"  and  inserting  in  place  thereof  the  words:  —  director 
of  the  division  of  forestry  in  the  department  of  conservation, 

—  so  as  to  read  as  follows :  —  Section  23.  The  owner  of  any 
cultivated  berry-bearing  shrubbery  destroyed  by  the  direc- 
tor or  his  assistants  under  sections  twenty-one  and  twenty- 
two  shall  receive  compensation  therefor  from  the  common- 
wealth, provided  that  he  has  given  written  notice  thereof  to 
the  director  within  thirty  days  after  the  accrual  of  his  claim  to 
compensation.  The  director  or  an  assistant  shall  thereupon 
investigate  the  same,  and  if  the  director  does  not  agree  with 


Acts,  1941.— Chap.  490.  579 

the  claimant  as  to  the  validity  of  his  claim  or  as  to  the  amount 
thereof,  the  question  at  issue  shall  be  determined  by  three  Arbitration  of  , 
arbitrators  who  shall  be  the  commissioner,  the  director  of  the  ^amagea,  etc. 
division  of  forestry  in  the  department  of  conservation,  and 
an  assistant  attorney  general  to  be  designated  by  the  attor- 
ney general.  Any  award  of  damages  made  by  said  arbitra- 
tors, together  with  the  cost  of  the  appraisal,  shall  be  certified 
to  the  comptroller,  and  shall  thereupon  be  paid  by  the  com- 
monwealth in  the  same  manner  as  other  claims. 

Section  35.     The    title    of    chapter    one    hundred    and  Edo'iJo."^" 
twenty-nine  of  the  General  Laws  is  hereby  amended  by  title 'changed, 
striking  out  the  words  "animal  industry"  and  inserting  in 
place  thereof  the  words:  —  livestock  disease  control. 

Section  36.     Section  one  of  chapter  one  hundred  and  ^-^V  [Jf- 
thirty-two  of  the  General  Laws,  as  amended  b}^  section  two  §  i",  etc., ' 
of  chapter  four  hundred  and  fifteen  of  the  acts  of  nineteen  ^inended. 
hundred  and  thirty-seven,  is  hereby  further  amended  by 
striking  out,  in  the  second  line,  the  words  "state  forester" 
and  inserting  in  place  thereof  the  words :  —  director  of  the 
division  of  forestry  in  the  department  of  conservation,  —  so 
as  to  read  as  follows :  —  Section  1 .     The  director  of  the  Duties  of 
division  of  forestry  in  the  department  of  conservation,  in  state  forester. 
this  chapter  called  the  forester,  shall  act  for  the  common- 
wealth in  suppressing  the  gypsy  and  brown  tail  moths  and 
tent  caterpillars;  shall  promote  the  perpetuation,  extension 
and  proper  management  of  the  public  and  private  forest 
lands  of  the  commonwealth;   shall  give  such  a  course  of  in- 
struction to  the  students  of  the  Massachusetts  state  college 
on  the  art  and  science  of  forestry  as  may  be  arranged  by 
the  trustees  of  the  college  and  the  forester;   and  shall  per- 
form such  other  duties  as  may  be  imposed  upon  him  by  the 
governor  and  council. 

Section  37.     Section  two  of  chapter  one  hundred  and  ^j^-^Jgl' 
thirty-two  A  of  the  General  Laws,  as  appearing  in  the  Ter-  §  2,  amended, 
centenary  Edition,  is  hereby  amended  by  striking  out,  in 
the  eighth  line,  the  word  "of"  the  first  time  it  appears  and 
inserting  in  place  thereof  the  words :  —  and  recreation  in,  — 
and  by  striking  out,  in  the  same  line,  the  words  "the  fol- 
lowing seven  sections"  and  inserting  in  place  thereof  the 
words:  —  sections  three  to  nine,  inclusive,  —  so  as  to  read 
as  follows :  —  Section  2.     The  commissioner,  with  like  ap-  Assumption 
proval,  on  petition  of  any  board  or  commission  charged  with  ma^ntenaMe 
the  care  and  maintenance  of  any  park  or  reservation  owned  of  recreational 
by  the  commonwealth  outside  of  the  metropolitan  parks  dis-  department  of 
trict,  with  the  approval  of  the  county  commissioners  of  the  conservation, 
county  or  counties  wherein  such  park  or  reservation  is  situ- 
ated, except  in  cases  where  said  county  commissioners  are 
the  petitioners,  may,  on  behalf  of  the  commonwealth  and 
acting  through  the  division  of  parks  and  recreation  in  the 
department  of  conservation,  in  sections  three  to  nine,  inclu- 
sive, called  the  division,  assume  the  care  and  maintenance 
of  such  park  or  reservation,  and  thereafter  shall  expend  for 


580 


Acts,  1941.  — Chap.  491. 


Spark  arresters 
required  for 
railroad 
engines. 


the  care  and  maintenance  thereof  such  sums  as  may  be  ap- 
propriated therefor. 
EdV'  le"'  Section  38.    Section  two  hundred  and  thirtj'^-five  of  chap- 

§  235,  amended,  ter  oue  hundred  and  sixty  of  the  General  Laws,  as  so  appear- 
ing, is  hereb}^  amended  by  striking  out,  in  the  twelfth  and 
thirteenth  lines,  the  words  "state  forester"  and  inserting  in 
place  thereof  the  words :  —  director  of  the  division  of  forestry 
in  the  department  of  conservation,  —  so  as  to  read  as  fol- 
lows :  —  Section  235.  Every  corporation  operating  a  steam 
railroad  shall,  subject  to  the  approval  of  the  department, 
install  and  maintain  a  spark  arrester  on  every  engine  in  its 
service  in  which  wood,  coke  or  coal  is  used  as  fuel,  and  shall, 
between  April  first  and  December  first  in  each  year,  keep 
the  full  width  of  all  of  its  locations  over  which  such  engines 
are  operated,  to  a  point  two  hundred  feet  distant  from  the 
centre  line  on  each  side  thereof,  clear  of  dead  leaves,  dead 
grass,  dry  brush  or  other  inflammable  material,  and  shall 
not  at  any  time  leave  any  deposit  of  fire,  hot  ashes  or  live 
coals  upon  its  locations  in  the  immediate  vicinity  of  wood- 
lands or  grass  lands,  and  shall  post  in  stations  and  other 
conspicuous  places  within  its  location  and  right  of  way  such 
notices  and  warning  placards  as  are  furnished  to  it  for  the 
purpose  by  the  director  of  the  division  of  forestry  in  the  de- 
partment of  conservation;  provided,  that  this  section  shall 
not  prohibit  any  railroad  corporation  from  piling  or  keeping 
upon  its  location  or  right  of  way  cross-ties  or  other  material 
necessary  for  the  maintenance  and  operation  of  its  railroad. 

Approved  July  18,  1941. 


Chap. 4:91  An  Act  relative  to  provisional  and  emergency  ap- 
pointments AND  promotions  IN  THE  CLASSIFIED  CIVIL 
SERVICE. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  31, 
§  15,  etc., 
amended. 


Appointments 
in  the  classi- 
fied service, 
how  made. 


Whereas,  In  view  of  the  present  national  emergency  any 
delay  in  the  taking  effect  of  this  act  would  defeat  its  purpose 
to  prevent  interruption  or  delay  in  the  performance  of  nec- 
essary work  or  services  in  certain  state  departments,  boards 
and  commissions  in  connection  with  the  national  defense, 
therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  preservation  of  the  public  health  and 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  fifteen,  as  amended  by  section  two 
of  chapter  five  hundred  and  six  of  the  acts  of  nineteen  hun- 
dred and  thirty-nine,  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  15.  No  person  shall  be  appointed 
or  promoted  to  any  position  in  the  classified  civil  service 
except  upon  requisition  by  the  appointing  oflficer  and  upon 
certification  by  the  director  from  an  ehgible  fist  prepared 
in  accordance  with  this  chapter  and  the  rules  and  regulations 


Acts,  1941.  — Chap.  491.  581 

made  thereunder.  If  there  is  no  such  list,  or  if  the  director 
is  unable  to  comply  with  a  requisition,  he  may,  subject  to 
section  twenty-five,  authorize  a  provisional  appointment. 
Such  a  provisional  appointment  may  be  authorized  to  fill  a 
permanent  position  for  a  period  of  not  more  than  three 
months,  and  may  be  renewed  for  an  additional  three  months, 
except  that  in  departments,  institutions  or  hospitals  the 
functions  of  which  are  connected  with  public  safety  or  pub- 
lic health  where  the  public  service  would  otherwise  suffer, 
the  director  may  renew  such  provisional  appointment  for 
one  more  additional  period  of  three  months  if  supported  by 
four  affirmative  votes  of  the  commission,  and  a  statement 
of  such  renewal  and  the  reasons  therefor  shall  be  set  forth 
by  the  director  in  his  monthly  report;  but  no  person  shall 
be  certified  for  more  than  one  such  provisional  appointment 
and  renewal  or  renewals,  as  the  case  may  be,  in  any  twelve- 
month period.  Authorization  to  make  a  provisional  ap- 
pointment shall  be  void  if  not  exercised  within  two  weeks 
from  the  date  thereof.  The  director  shall  forthwith  conduct 
an  examination  and  establish  an  eligible  list  for  such  a  posi- 
tion within  six  months  after  the  provisional  appointee  is 
actually  employed.  A  provisional  appointment  to  fill  a 
permanent  position  shall,  except  in  the  case  of  a  second  re- 
newal of  such  a  provisional  appointment  as  aforesaid,  be 
terminated  by  the  director  within  fourteen  days  after  the 
estabHshment  of  an  eligible  hst  for  such  position,  and  it  may 
be  terminated  by  the  director  at  any  time. 

Except  as  otherwise  provided  in  sections  nineteen  A, 
twenty  A,  twenty-two,  forty-two,  forty-eight,  and  forty-nine 
A  of  this  chapter,  section  thirty-six  of  chapter  forty-eight, 
section  eleven  of  chapter  one  hundred  and  twenty-seven, 
section  four  of  chapter  two  hundred  and  seventy-three 
of  the  acts  of  nineteen  hundred  and  thirteen,  and  section 
four  of  chapter  three  hundred  and  seventy-two  of  the  acts 
of  nineteen  hundred  and  fourteen,  no  person  shall  receive 
an  original  appointment  to  the  classified  official  service 
of  the  commonwealth  or  any  city  or  town  thereof  subject 
to  the  provisions  of  this  chapter  otherwise  than  by  virtue 
of  a  competitive  examination  unless  (a)  the  director  shall 
certify  that  he  has  previously  held  a  competitive  examina- 
tion for  the  position  involved  and  has  been  unable  to  estab- 
lish an  ehgible  hst  of  at  least  two  persons,  or  unless  (6)  a 
position  not  under  civil  service  is  placed  thereunder  by 
virtue  of  a  statute  or  rule  and  the  director  makes  recommen- 
dations supported  by  four  affirmative  votes  of  the  commis- 
sion to  include  under  civil  service  any  present  incumbents 
of  the  position. 

In  cases  arising  under  the  provisions  of  said  clause  (a), 
a  person  to  be  selected  by  the  appointing  officer  in  accord- 
ance with  this  chapter  and  rules  made  thereunder  may  be 
appointed  subject  to  passing  a  non-competitive  or  qualifying 
examination,  as  the  director  may  authorize.    If  one  person 


582 


Acts,  1941.  — Chap.  491 


Promotions 
and  promo- 
tional exami- 
nations. 


passes  a  competitive  examination  and  the  appointing  official 
signifies  his  desire  to  appoint  said  person  to  the  position, 
the  appointment  shall  be  authorized  by  the  director. 

A  provisional  appointment  to  fill  a  temporary  position 
shall  continue  for  the  period  for  which  it  was  authorized; 
provided,  that  no  such  appointment  shall  be  made  for  more 
than  three  months,  and  the  director  may  authorize  not  more 
than  one  further  provisional  appointment  to  the  same  tem- 
porary position  in  any  twelve-month  period.  Any  altera- 
tion in  the  nature  of  the  employment  of  a  person  holding 
such  a  provisional  appointment  or  any  increase  in  salary 
thereof  shall  immediately  terminate  such  an  appointment. 

In  case  of  an  emergency,  which  could  not  have  been  fore- 
seen and  where  the  pubHc  business  would  be  seriously 
impeded  by  delay  in  filling  any  position  in  the  manner  pro- 
vided by  law,  an  appointing  officer  may  make  an  emer- 
gency appointment  without  requisition;  but  in  no  case 
shall  such  emergency  appointment  continue  for  more  than 
thirty  days  within  the  sixty  consecutive  days  next  following, 
and  in  every  such  case  he  shall  forthwith  report  the  same 
to  the  director,  stating  the  reason  therefor,  in  such  form 
and  detail  as  the  director  may  prescribe,  and  the  time,  not 
exceeding  thirty  days  within  the  sixty  consecutive  days  next 
following,  for  which  such  employment  is  to  last.  No  such 
emergency  appointment  shall  be  renewed  except  with  the 
consent  of  the  director  or  be  renewed  more  than  once,  ex- 
cept that  in  departments,  institutions  or  hospitals  the  func- 
tions of  which  are  connected  with  the  public  safety  or  pubUc 
health  where  the  pubhc  service  would  otherwise  suffer,  the 
director  may  renew  such  emergency  appointment  for  one 
additional  period;  but  no  person  shall  receive  more  than 
one  such  appointment  and  renewal  or  renewals,  as  the  case 
may  be,  in  any  twelve-month  period.  Vacancies  of  which 
an  appointing  authority  has  had,  or  might  with  due  dili- 
gence have,  reasonable  knowledge  shall  not  be  considered 
an  emergency  under  this  section. 

Except  in  police  and  fire  departments,  an  appointing 
official  may  with  the  approval  of  the  director  promote  in 
the  official  service  an  employee  in  one  grade  to  the  next 
higher  grade;  provided,  that  such  employee  has  been  em- 
ployed at  least  three  years  in  the  lower  grade,  is  the  oldest 
employee,  the  second  oldest  employee,  or  the  third  oldest 
employee  therein  in  point  of  service,  and  that  such  employee 
passes  a  qualifying  examination  prescribed  by  the  director. 
Otherwise,  any  promotion  shall  be  made  after  a  competitive 
promotional  examination  open  to  the  next  lower  grades  in 
succession  in  the  service  of  the  same  department,  board  or 
commission  until  a  sufficient  number  of  applicants  to  hold 
a  competitive  examination  is  obtained.  In  case  an  eligible 
list  of  at  least  two  persons  is  not  established  from  such 
promotional  examination,  then  a  competitive  promotional 
examination  may  be  held  open  to  any  class  within  the  serv- 
ice of  the  same  or  any  other  department,  board  or  commis- 


Acts,  1941.  — Chaps.  492,  493.  583 

sion,  as  the  director  may  determine.  In  case  an  eligible  list 
of  at  least  two  persons  is  not  established  from  either  of  such 
promotional  examinations,  the  position  shall  be  filled  after 
open  competitive  examination;  provided,  that  if  there  be 
one  person  on  either  eligible  list,  the  director  shall  certify 
such  person.  In  departments,  boards  and  commissions  hav- 
ing not  more  than  two  employees,  an  appointing  official 
may  promote  in  the  official  service  the  sole  employee  or 
either  one  of  the  two,  as  the  case  may  be;  provided,  that 
such  employee  passes  a  qualifying  examination  prescribed 
by  the  director;  and  provided,  further,  that  such  employee 
has  been  employed  for  at  least  three  years  in  the  service  of 
such  department,  board  or  commission. 

Approved  July  22,  1941. 

An  Act  discontinuing  as  a  public  way  a  portion  of  ChavA92 

NORTHERN   AVENUE   IN   SOUTH    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  All  that  part  of  Northern  avenue,  laid  out 
as  a  highway  under  the  provisions  of  chapter  three  hundred 
and  eighty-one  of  the  acts  of  nineteen  hundred  and  three 
and  lying  easterly  of  a  point  five  hundred  and  ten  feet  east 
of  the  easterly  line  of  D  street  as  now  constructed  connect- 
ing the  ramp  with  said  Northern  avenue  in  South  Boston, 
is  hereby  discontinued  as  a  public  way,  in  accordance  with 
a  plan  in  the  office  of  the  department  of  public  works  marked : 
"Portion  of  Northern  Avenue  South  Boston,  to  be  Discon- 
tinued Department  of  Public  Works  of  Massachusetts 
Division  of  Waterways  Francis  L.  Sellew,  District  Water- 
ways Engineer,  Ace". 

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

Approved  July  22,  19Jfl. 

An  Act  relative  to  the  qualifications  and  licensing  ChavA9S 
of  insurance  agents,  insurance  brokers  and  special 
insurance  brokers. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General  g.  l.  (Ter. 
Laws  is  hereby  amended  by  inserting  after  section  one  hun-  new  siJtfon 
dred  and  seventy-four  B,  as  appearing  in  the  Tercentenary  ^^'^^'  ^'^'^^'^■ 
Edition,  the  following  new  section: — Section  174C.     The  commissioner 
commissioner,  before  issuing  or  renewing  any  license  under  tfg^kl'n  betoJ 
section  one  hundred  and  sixty-three,  one  hundred  and  sixty-  issuing  or 
six,  one  hundred  and  sixty-seven,  one  hundred  and  sixty-  ffcenle"^ 
eight,  one  hundred  and  seventy-two  A,  one  hundred  and 
seventy-thi-ee  or  one  hundred  and  seventy-four,  may  make 
such  investigation  as  he  may  deem  necessary  to  ascertain 
whether  an  applicant,  as  hereinafter  defined,  has  been  vio- 
lating section  one  hundred  and  eighty-three,  and  may  re- 
quire from  an  applicant  such  information  as  he  may  deem 


584  Acts,  1941.  — Chap.  493. 

necessary  in  respect  to  his  or  its  ownership  of  any  property 
or  interest  therein  or  of  any  interest  in  any  firm,  association 
or  corporation,  in  order  to  determine  whether  or  not  he 
shall  refuse  to  issue  or  renew  the  license,  as  hereinafter  pro- 
vided. For  the  purposes  of  making  investigations  under  this 
section,  the  commissioner  shall  have  authority  to  examine 
the  books,  the  records  and  the  affairs  of  an  applicant,  and 
for  this  purpose  shall  have  all  the  powers  conferred  by  sec- 
tion four. 

The  commissioner  shall  refuse  to  issue  or  to  renew  any 
such  license  if  he  finds  that  an  applicant  has  been  violating 
section  one  hundred  and  eighty-three,  or  if  he  finds  that 
more  than  ten  per  centum  of  the  aggregate  net  commissions 
received  by  an  individual,  association,  partnership  or  cor- 
poration licensee  under  any  of  said  sections  during  the  terra 
of  any  prior  license  or  renewal,  or  which  would  probably  be 
received  during  the  term  of  a  new  license  thereunder,  re- 
sulted or  would  result  from  insurance  on  or  in  respect  to 
the  property  or  any  interest  therein  of  any  of  the  following:  — 

(1)  An  applicant; 

(2)  Any  member  of  any  firm  or  association  of  which  an 
applicant  is  a  member  or  owner; 

(3)  An  owner  of  any  interest  in  an  association  or  part- 
nership which  is  an  applicant  and  the  spouse,  if  any,  of  such 
owner; 

(4)  The  stockholders  of  a  corporation  which  is  an  ap- 
plicant and  their  spouses,  if  any; 

(5)  Any  corporation  owning  an  interest  in  a  corporation 
which  is  an  applicant,  or  any  firm  or  association,  its  members 
or  owners,  and  their  spouses,  if  any,  who  individually  or 
collectively  own  more  than  fifty  per  centum  of  the  capital 
stock  of  such  an  applicant,  and  any  other  corporation  of 
the  capital  stock  of  which  such  firm  or  association,  its  mem- 
bers or  owners  and  their  spouses,  if  any,  own  more  than  said 
percentage ; 

(6)  Any  corporation  of  the  capital  stock  of  which  an  ap- 
plicant or  the  applicants,  individually  or  collectively,  own 
more  than  fifty  per  centum; 

(7)  Any  affiliate  or  subsidiary  of  any  corporation  men- 
tioned in  this  section; 

(8)  An  employee  or  an  employer  of  an  applicant; 

(9)  Any  person  for  whom  an  applicant  is  or  acts  as 
trustee. 

The  word  "applicant",  as  used  in  this  section,  shall  in- 
clude an  individual  appointee  under  section  one  hundred 
and  sixty-three  and  an  individual  applicant  under  section 
one  hundred  and  sixty-six,  one  hundred  and  sixty-seven  or 
one  hundred  and  sixty-eight,  an  association,  partnership  or 
corporation  which  is  an  applicant  under  section  one  hundred 
and  seventy-two  A,  one  hundred  and  seventy-three  or  one 
hundred  and  seventy-four,  and  an  individual  to  be  specified 
as  a  trustee  in  a  hcense  issued  to  such  an  association  or  as 
an  officer  or  a  director  in  a  license  issued  to  such  a  corpo- 


Acts,  1941.  —  Chaps.  494,  495.  585 

ration,  or  covered  under  a  license  issued  to  such  a  partner- 
ship, and,  in  the  case  of  every  such  individual,  shall  include 
his  or  her  spouse,  if  any.  Approved  July  22,  1941. 


ChapAM 


An   Act   clarifying   the   Massachusetts   unfair   sales 

ACT,  so  called,  by  INCLUDING  IN  THE  COST  TO  THE  RE- 
TAILER AND  THE  COST  TO  THE  WHOLESALER  SALES  TAXES 
OR  EXCISES  LEVIED  OR  IMPOSED  UPON  MERCHANDISE  AD- 
VERTISED,   OFFERED    FOR   SALE    OR   SOLD. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-three  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  fourteen  F,  inserted  by  §  uf,  etc., 
section  one  of  chapter  four  hundred  and  ten  of  the  acts  of  amended. 
nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following  section:  —  Section  I4F.  Any  retailer  Penalty. 
who,  with  intent  to  injure  competitors  or  destroy  competi- 
tion, advertises,  offers  to  sell  or  sells  at  retail  any  item  of 
merchandise  at  less  than  cost  to  the  retailer,  together  with 
any  sales  taxes  or  excises  levied  or  imposed  upon  such 
merchandise  by  the  commonwealth  or  the  United  States  of 
America  not  already  included  in  the  invoice  or  replacement 
cost  to  the  retailer,  or  any  wholesaler  who,  with  intent  as 
aforesaid,  advertises,  offers  to  sell  or  sells  at  wholesale  any 
item  of  merchandise  at  less  than  cost  to  the  wholesaler, 
together  with  any  sales  taxes  or  excises  levied  or  imposed 
upon  such  merchandise  by  the  commonwealth  or  the  United 
States  of  America  not  already  included  in  the  invoice  or 
replacement  cost  to  the  wholesaler,  shall,  if  the  offender  is 
an  individual,  be  punished  by  a  fine  of  not  more  than  five 
hundred  dollars  or  by  imprisonment  for  not  less  than  one 
month  nor  more  than  one  year,  or  both;  or,  if  the  offender 
is  a  corporation,  by  a  fine  as  aforesaid.  Evidence  of  any 
advertisement,  offer  to  sell  or  sale  of  any  item  of  merchandise 
by  any  retailer  or  wholesaler  at  less  than  cost  to  him,  to- 
gether with  any  sales  taxes  or  excises  levied  or  imposed  upon 
such  merchandise  by  the  commonwealth  or  the  United  States 
of  America  not  already  included  in  the  invoice  or  replace- 
ment cost  to  him,  shall  be  prima  facie  evidence  of  intent  to 
injure  competitors  or  destroy  competition. 

Approved  July  22,  1941. 


An  Act  further  regulating  the  amount  of  burial  ex-  Qhav  495 

PENSES  TO   BE   PAID   BY  INSURERS  IN   FATAL  INJURY   CASES 
UNDER  THE  WORKMEN'S  COMPENSATION  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  thirty-three,  as  fss.'it^c^' 
amended  by  chapter  eighty-one  of  the  acts  of  nineteen  hiin-  amended. 
died  and  thirty-nine,  and  inserting  in  place  thereof  the  fol- 


586 


Acts,  1941.  — Chap.  496. 


Funeral 
e^^penaes. 


lowing  section :  —  Section  S3.  In  all  cases  the  insurer  shall 
pay  the  reasonable  expense  of  burial,  not  exceeding  two 
hundred  and  fifty  dollars.  Approved  July  22,  1941. 


G.  L.  (Ter. 

Ed.),  160, 

§  102,  amended. 


Crossing 
public  way 
at  a  level 
regulated. 


C/iap.496  An  Act  relative  to   the  construction  of  railroads 

ACROSS   state   highways. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  two  of  chapter  one 
hundred  and  sixty  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  inserting  after 
the  word  "commissioners",  in  the  second  line  and  in  the 
ninth  line,  in  each  instance,  the  words:  —  ,  or  the  department 
of  pubHc  works  in  the  case  of  a  state  highway,  —  so  as 
to  read  as  follows:  —  Section  102.  If  a  railroad  is  laid  out 
across  a  public  way,  the  county  commissioners,  or  the  de- 
partment of  public  works  in  the  case  of  a  state  highway, 
upon  the  application  of  the  railroad  corporation,  or  of  the 
board  of  aldermen  of  the  city  or  selectmen  of  the  town  where 
the  crossing  is  situated,  after  notice  to  all  persons  interested 
and  a  hearing,  may  adjudge  that  pubHc  necessity  requires 
the  crossing  at  the  same  level,  and  may,  if  the  department 
also  consents  in  writing  to  such  crossing  at  the  same  level, 
make  a  decree  specially  to  authorize  and  require  the  corpora- 
tion so  to  construct  its  railroad,  in  such  manner  as  shall  be 
prescribed  in  the  decree,  and  the  commissioners,  or  the  de- 
partment of  public  works  in  the  case  of  a  state  highway,  may 
modify  such  decree  or  may  revoke  it  at  any  time  before  the 
construction  of  the  railroad  at  such  crossing. 

Section  2.  Section  two  hundred  and  forty-five  of  said 
chapter  one  hundred  and  sixty,  as  amended  by  section  four 
of  chapter  two  hundred  and  seventy-three  of  the  acts  of  the 
current  year,  is  hereby  further  amended  by  inserting  after 
the  word  "selectmen",  in  the  eighth  and  ninth  Lines  and  in 
the  tenth  line,  in  each  instance,  the  words :  —  ,  or  the  depart- 
ment of  public  works  in  the  case  of  a  state  highway,  —  so  as 
to  read  as  follows :  —  Section  245.  A  person  or  corporation 
may  construct  a  railroad  for  private  use  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  raih'oad  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  selectmen,  or  the  depart- 
ment of  public  works  in  the  case  of  a  state  highway,  nor  except 
in  a  place  and  manner  approved  by  them.  If  the  board  of 
aldermen  or  selectmen,  or  the  department  of  pubUc  works  in 
the  case  of  a  state  highway,  consent,  they  shall  from  time  to 
time  make  such  regulations  relative  to  motive  power,  rate  of 
speed,  and  time  and  manner  of  using  the  railroad  over  and 
upon  such  way  or  traveled  place,  as  in  their  judgment  the 
pubhc  safety  and  convenience  require,  and  they  may  order 


I 


G.  L.  (Ter. 
Ed.),  160, 
§  245,  etc., 
amended. 


Railroads  for 
private  use. 


Acts,  1941.  —  Chaps.  497,  498.  587 

such  changes  to  be  made  in  the  track  as  are  rendered  neces- 
sary by  the  alteration  or  repair  of  such  way.  The  provisions 
of  this  chapter  and  chapter  one  hundred  and  fifty-nine  rela- 
tive to  the  crossing  of  ways  and  traveled  places  by  railroad 
corporations  shall  apply  to  such  raih'oad,  and  to  the  person 
constructing  or  operating  the  same. 

Approved  July  22,  1941. 


An  Act  relative  to  the  erection  by  the  town  of  barn-  QJkxj)  497 
stable  of  a  recreational  building  on  certain  park 
land  in  said  town. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Barnstable  may,  notwithstand- 
ing the  provisions  of  section  seven  of  chapter  forty-five  of 
the  General  Laws,  erect  a  recreation  building,  exceeding 
six  hundred  square  feet  in  area  on  the  ground,  upon  park 
land,  known  as  Frank  P.  Hallett  Park,  located  on  the 
easterly  side  of  Barnstable  road  in  Hyannis,  and  may  equip 
and  maintain  the  same  for  recreational  purposes  and  in 
order  to  facilitate  the  use  of  said  land  for  park  purposes 
by  its  inhabitants. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  voters  of  the  town  of  Barn- 
stable at  a  town  meeting  called  for  the  purpose  within  one 
year  after  its  passage,  but  not  otherwise. 

Approved  July  22,  1941. 


An  Act  regulating  payments  by  the  water  bureau  of  Qhnrt  498 

THE  METROPOLITAN  DISTRICT  OF  HARTFORD,  CONNECTICUT, 
IN  LIEU  OF  TAXES  UPON  CERTAIN  LANDS  HELD  BY  SAID 
DISTRICT  IN  THE  TOW^NS  OF  TOLLAND  AND  GRANVILLE. 

Be  it  enacted,  etc.,  as  follows: 

Property  now  or  hereafter  held  by  the  water,  bureau  of 
the  metropolitan  district  of  Hartford,  Connecticut,  a  poUtical 
subdivision  of  the  state  of  Connecticut,  in  the  towns  of  Tol- 
land and  Granville,  or  either  of  them,  for  the  purpose  of  a 
water  supply  or  of  the  protection  of  the  sources  of  an  existing 
water  supply,  or  for  both  of  such  purposes,  if  yielding  no 
rent,  shall  not  be  liable  to  taxation  therein;  but  said  district 
shall,  annually  on  July  first,  pay  to  each  town  wherein  any 
portion  of  such  land  lies  an  amount  equal  to  that  which  such 
town  would  receive  for  taxes  upon  the  average  of  the  as- 
sessed value,  hereinafter  called  the  value,  of  the  land  therein, 
including  in  such  term  buildings  or  other  structures  on  such 
land,  for  the  three  years  last  preceding  the  acquisition  thereof, 
the  value  for  each  year  being  reduced  by  all  abatements 
thereon;  provided,  that  any  part  of  such  land  or  buildings 
for  which  any  revenue  in  the  nature  of  rent  is  received  shall 
be  subject  to  taxation. 


588 


Acts,  1941.  — Chap.  499. 


If  such  land  is  part  of  a  larger  tract  which  has  been  as- 
sessed as  a  whole,  its  value  in  any  year  shall  be  taken  to  be 
that  proportional  part  of  the  value  of  the  whole  tract  which 
the  value  of  the  land  so  acquired,  including  buildings,  bore 
in  that  year  to  the  value  of  the  entire  estate  as  estabUshed 
by  the  board  of  assessors  of  said  town. 

The  provisions  of  section  seven  of  chapter  fifty-nine  of 
the  General  Laws,  as  amended,  shall,  so  far  as  pertinent, 
apply  to  the  land  which  is  the  subject  of  this  act. 

Approved  July  22,  194-1. 


G.  L.  (Ter. 
Ed.).  38,  §  11. 
amended. 


Chap. 499  An  Act  providing  for  the  making  of  reports  to  the 

DEPARTMENT  OF  PUBLIC  UTILITIES  OF  EVIDENCE  AT  IN- 
QUESTS IN  CASES  OF  ACCIDENTAL  DEATH  CONNECTED  WITH 
THE  OPERATION  OF  MOTOR  VEHICLES  FOR  THE  CARRIAGE 
OF   PASSENGERS    FOR   HIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  eleven  of  chapter  thirty-eight  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  inserting  after  the  word  ''use"  in  the  fifth  line  the 
words :  —  ,  or  a  motor  vehicle  for  the  carriage  of  passengers 
for  hire  under  chapter  one  hundred  and  fifty-nine  A,  —  by 
inserting  after  the  word  "railway"  in  the  thirteenth  line 
the  words :  —  ,  or  motor  vehicle,  —  and  by  inserting  after 
the  word  "railway"  in  the  sixteenth  fine  the  words:  — 
,  or  the  person  licensed  under  said  chapter  one  hundred  and 
fifty-nine  A  for  the  operation  of  the  motor  vehicle  in  con- 
nection with  the  operation  of  which,  —  so  as  to  read  as 
follows:  —  Section  11.  If  a  magistrate  beheves  that  an 
inquest  to  be  held  by  him  relates  to  the  accidental  death 
of  a  passenger  or  employee  upon  a  railroad  or  electric  rail- 
road or  a  traveler  upon  a  pubHc  or  private  way  at  a  railroad 
crossing,  or  to  an  accidental  death  connected  with  the  opera- 
tion of  a  street  railway  or  of  a  railroad  for  private  use,  or  a 
motor  vehicle  for  the  carriage  of  passengers  for  hire  under 
chapter  one  hundred  and  fifty-nine  A,  he  shall  cause  a  ver- 
batim report  of  the  evidence  to  be  made  and  sworn  to  by 
the  person  making  it;  and  the  report  and  the  bill  for  serv- 
ices, after  examination  and  written  approval  by  the  magis- 
trate, shall  be  forwarded  to  the  department  of  public  utilities 
within  thirty  days  after  the  date  of  the  inquest,  and,  when 
made,  a  copy  of  the  magistrate's  report  on  the  inquest. 
The  bill,  when  approved  by  said  department,  shall  be  for- 
warded to  the  comptroller  and  paid  by  the  commonwealth, 
assessed  on  the  person  owning  or  operating  such  railroad 
or  railway,  or  motor  vehicle,  and  shall  be  collected  in  the 
same  manner  as  taxes  upon  corporations.  The  magistrate 
may  in  his  discretion  refuse  fees  to  witnesses  in  the  employ 
of  the  person  upon  whose  railroad  or  railway,  or  the  person 
licensed  under  said  chapter  one  hundred  and  fifty-nine  A 


Report  of 
evidence  and 
magistrate's 
report  in  cer- 
tain cases  to 
be  forwarded 
to  the  de- 
partment of 
public  utilities. 


Acts,  1941.  — Chap.  500.  589 

for  the  operation  of  the  motor  vehicle  in  connection  with  the 
operation  of  which,  the  accident  occurred. 

Approved  July  22,  1941. 


An  Act  authorizing  the  city  of  low^ell  to  supply  a 

CERTAIN    portion    OF    THE    TOWN    OF    TEWKSBURY    WITH 
WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lowell  may  supply  water  for  the 
extinguishment  of  fires  and  for  domestic  and  other  purposes 
to  the  inhabitants  of  that  part  of  the  town  of  Tewksbury 
which  Ues  northwesterly  of  a  straight  line  beginning  at  the 
intersection  of  the  easterly  side  of  Billerica  street  in  said 
town  with  the  boundary  line  between  the  towns  of  Tewks- 
bury and  Billerica,  thence  north  thirty-two  degrees^  east, 
true  bearing,  in  a  straight  line  to  the  boundary  hne  between 
the  towns  of  Tewksbury  and  Andover.  For  said  purpose 
said  city  may  construct  and  lay  conduits,  pipes  and  other 
works,  under  or  over  any  lands,  water  courses,  railroads, 
railways  and  pubHc  or  private  ways,  and  along  any  such 
ways  in  said  town  of  Tewksbury  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  city  of  Lowell  may  enter  upon  and  dig  up  any 
such  lands  and  ways;  provided,  that  said  city  of  Lowell 
shall  not  enter  upon  or  dig  up  any  public  ways  in  said  town 
of  Tewksbury,  except  with  the  consent  of  the  board  of 
selectmen  thereof;  and  said  city  of  Lowell  shall  restore 
the  public  ways  dug  up  or  otherwise  disturbed  in  said  town 
to  a  satisfactory  condition  and  shall  pay  all  damages  sus- 
tained by  any  person  in  consequence  of  any  neghgent  act 
upon  the  part  of  said  city,  its  agents  or  employees  done 
under  this  act. 

Section  2.  Said  city  of  Lowell  may  distribute  water 
through  the  aforesaid  portion  of  said  town  of  Tewksbury 
or  any  part  thereof,  may  regulate  the  use  of  such  water, 
and  fix  and  collect  rates  therefor;  and  the  said  city  may 
establish  and  maintain  fountains  and  hydrants,  and  relo- 
cate and  discontinue  the  same,  within  the  district  afore- 
said. 

Section  3.  The  town  of  Tewksbury  or  any  water  dis- 
trict established  hereafter  for  the  purpose  of  supplying 
water  within  the  boundaries  defined  in  section  one  of  this 
act  shall  have  the  right  at  any  time  to  take  by  eminent 
domain  under  chapter  seventy-nine  or  eighty  A  of  the  Gen- 
eral Laws,  or  acquire  by  purchase  or  otherwise,  the  prop- 
erty and  all  the  rights  and  privileges  of  said  city  of  Lowell 
within  said  town,  on  payment  to  said  city  of  just  compen- 
sation.   Said  city  shall  keep  a  separate  account  of  the  con- 


Chap.500 


590  Acts,  1941.  —  Chaps.  501,  502. 

struction  expenses  of  work  done  under  this  act  which  account 
shall  be  open  for  inspection  to  the  selectmen  or  any  com- 
mittee appointed  by  said  town  or  district.  In  case  said 
town  or  any  such  district  shall  vote  to  purchase  said  prop- 
erty, rights  and  privileges,  and  cannot  agree  with  said  city 
upon  the  price  to  be  paid  by  the  town  or  district  for  said 
property,  rights  and  privileges  the  department  of  public 
utilities  upon  request  of  either  party  shall  determine  the 
price.  Upon  the  estabUshment  of  a  public  water  supply 
system  by  the  town  of  Tewksbury  or  a  water  supply  dis- 
trict within  the  aforesaid  portion  of  the  town,  said  town  or 
water  district  shall  acquire  said  property,  rights  and  privi- 
leges before  beginning  to  supply  water  within  the  aforesaid 
area  defined  under  section  one  of  this  act. 

Section  4.  This  act  shall  take  fuU  effect  upon  its  ac- 
ceptance by  the  city  council  of  the  city  of  Lowell,  with  the 
approval  of  the  mayor,  and  by  a  majority  of  the  voters  of 
the  town  of  Tewksbury  present  and  voting  thereon  at  a 
legal  town  meeting  called  for  the  purpose,  within  five  years 
from  the  passage  of  this  act,  but  not  otherwise. 

Approved  July  22,  1941. 

Chap. 501  An  Act  authorizing  the  commissioner  of  conserva- 
tion TO  PURCHASE  CERTAIN  ADDITIONAL  LAND  IN  THE 
TOWN  OF  CHARLEMONT  AS  AN  ADDITION  TO  THE  MOHAWK 
TRAIL   STATE    FOREST. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  enlarging  the  Mohawk  Trail  state  for- 
est, the  commissioner  of  conservation  is  hereby  authorized 
to  acquire  by  purchase,  in  the  name  of  the  commonwealth 
and  at  a  cost  of  not  exceeding  forty-five  hundred  dollars,  a 
certain  tract  of  land  in  the  westerly  part  of  the  town  of 
Charlemont  known  as  the  Stafford  farm,  containing  sixty- 
two  acres  more  or  less;  provided,  that  the  deed  or  deeds 
and  other  documents,  if  any,  effecting  the  purchase  of  said 
land  shall  be  approved  as  to  form  and  legality  by  the  attor- 
ney general.  Approved  July  22,  1941. 

Chap. 502  An  Act  authorizing  in  certain  cases  the  granting  of 

LICENSES  TO  NON-RESIDENTS  TO  ACT  AS  INSURANCE  AGENTS 
OF  FOREIGN  LIFE  INSURANCE  COMPANIES,  AND  LIMITING 
THE   POWERS   OF   SUCH   AGENTS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Sectiou  One  hundred  and  sixty-three  of  chapter  one  hun- 

U63,  amended,  dred  and  seventy-five  of  the  General  Laws,  as  appearing  in 

the  Tercentenary  Edition,  is  hereby  amended  by  adding  at 

the  end  the  following  new  paragraph :  — 
Licenses  of  Nothing  in  this  chapter  shall  be  construed  to  prohibit 

agent^'  ^°       the  issue  of  a  Hcense  under  this  section  as  an  insurance 

agent  of  a  foreign  life  company  authorized  to  transact  busi- 


Acts,  1941.  —  Chaps.  503,  504.  591 

ness  in  the  commonwealth  to  a  person  resident  in  any  other 
state  of  the  United  States  granting  similar  licenses  to  resi- 
dents of  this  commonwealth.  A  non-resident  licensed  as  an 
insurance  agent  of  such  a  company  shall  transact  business 
in  the  common^vealth  only  through  the  lawfully  constituted 
and  licensed  resident  agents  of  such  company  in  the  com- 
monwealth. Approved  July  22 ^  1941. 


Chap.bOS 


An  Act  establishing  the  salary  of  the  special  judge 
of  probate  and  insolvency  for  middlesex  county. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-one  of  chapter  two  hundred  and  seventeen  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  section  seven  of  chap-  fti'etc^' 
ter  four  hundred  and  eight  of  the  acts  of  nineteen  hundred  amended.' 
and  thirty-seven,  is  hereby  further  amended  by  inserting 
after  the  word  "duties"  in  the  fifth  line  the  following  new 
sentence:  —  The  special  judge  of  probate  and  insolvency  Compensation 
for  Middlesex  county  shall  be  paid  forty  dollars  for  each  fudge  of  pro- 
day's  service.  Approved  July  22,  1941.      ^^^^-  ^*°- 

An  Act  raising  the  minimum  amount  to  be  awarded  as  (JJidj)  504 

DAMAGES   IN    CERTAIN    DEATH    CASES.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  two   hundred  and  Sj^-^Jg^""- 
twenty-nine  of  the  General  Laws,  as  amended  by  section  one  §  2,  etc., ' 
of  chapter  four  hundred  and  sixty  of  the  acts  of  the  current  ^"^^^d^'^- 
year,  is  hereby  further  amended  by  striking  out  the  words 
"five  hundred"  and  inserting  in  place  thereof  the  words:  — 
one  thousand,  —  so  as  to  read  as  follows:  —  Section  2.    If  Damages  for 

,1  •    J.  J?  •  e  i         death  by  negh- 

the  proprietor  01  a  common  carrier  01  passengers,  except  a  gence  of  com- 
railroad  corporation  or  street  railway  or  electric  railroad  ^on  earner, 
company,  by  reason  of  his  or  its  negligence  or  wilful,  wanton 
or  reckless  act,  or  by  reason  of  the  unfitness  or  gross  negli- 
gence or  carelessness,  or  the  wilful,  wanton  or  reckless  act, 
of  his  or  its  servants  or  agents,  causes  the  death  of  a  pas- 
senger, he  or  it  shall  be  liable  in  damages  in  the  sum  of  not 
less  than  one  thousand  nor  more  than  five  thousand  dollars, 
to  be  assessed  with  reference  to  the  degree  of  culpability  of 
the  defendant  or  of  his  or  its  servants  or  agents,  and  recov- 
ered and  distributed  as  provided  in  section  one,  and  to  the 
use  of  the  persons  and  in  the  proportions,  therein  specified. 

Section  2.     Section  three  of  said  chapter  two  hundred  «•  l.  (Xer. 
and  twenty-nine,  as  amended  by  section  two  of  said  chapter  §  3,  et^c^.^' 
four  hundred  and  sixty,  is  hereby  further  amended  by  strik-  amended, 
ing  out  the  words  "five  hundred"  wherever  said  words  ap- 
pear therein  and  inserting  in  place  thereof,  in  each  instance, 
the  words:  —  one  thousand,  —  so  as  to  read  as  follows:  — 
Section  3.    If  a  corporation  operating  a  railroad,  street  rail-  Penalty  on 
way  or-  electric  railroad,  by  reason  of  its  negligence  or  wil-  ponft^Mfor 
ful,  wanton  or  reckless  act,  or  of  the  unfitness  or  negligence,  "^^^f-^  ^^     , 

'  '  o    o  >  negligence,  etc. 


592 


Acts,  1941.  — Chap.  504. 


G.  L.  (Ter. 
Ed.),  229, 
§  5,  etc., 
amended. 


Action  for 
death  in 
general. 


or  the  wilful,  wanton  or  reckless  act,  of  its  agents  or  serv- 
ants while  engaged  in  its  business,  causes  the  death  of  a 
passenger,  or  of  a  person  in  the  exercise  of  due  care  who  is 
not  a  passenger  or  in  the  employment  of  such  corporation, 
it  shall  be  punished  by  a  fine  of  not  less  than  one  thousand 
nor  more  than  ten  thousand  dollars,  to  be  recovered  by  an 
indictment  prosecuted  within  one  year  after  the  time  of  the 
injury  which  caused  the  death,  which  shall  be  paid  to  the 
executor  or  administrator,  and  distributed  as  provided  in 
section  one;  but  a  corporation  which  operates  a  railroad 
shall  not  be  so  liable  for  the  death  of  a  person  while  walking 
or  being  upon  its  railroad  contrary  to  law  or  to  the  reason- 
able rules  and  regulations  of  the  corporation,  and  one  which 
operates  an  electric  railroad  shall  not  be  so  hable  for  the 
death  of  a  person  while  so  walking  or  being  on  that  part  of 
its  railroad  not  within  the  limits  of  a  highway.  Such  cor- 
poration shall  also  be  liable  in  damages  in  the  sum  of  not 
less  than  one  thousand  nor  more  than  ten  thousand  dollars, 
to  be  assessed  with  reference  to  the  degree  of  culpability  of 
the  corporation  or  of  its  servants  or  agents,  which  shall  be 
recovered  in  an  action  of  tort,  begun  within  one  year  after 
the  injury  which  caused  the  death,  by  the  executor  or  ad- 
ministrator of  the  deceased,  and  distributed  as  provided  in 
section  one.  If  an  employee  of  a  railroad  corporation,  be- 
ing in  the  exercise  of  due  care,  is  killed  under  such  circum- 
stances as  would  have  entitled  him  to  maintain  an  action 
for  damages  against  such  corporation  if  death  had  not  re- 
sulted, the  corporation  shall  be  liable  in  the  same  manner 
and  to  the  same  extent  as  it  would  have  been  if  the  deceased 
had  not  been  an  employee.  But  no  executor  or  adminis- 
trator shall,  for  the  same  cause,  avail  himself  of  more  than 
one  of  the  remedies  given  by  this  section. 

Section  3.  Section  five  of  said  chapter  two  hundred  and 
twenty-nine,  as  amended  by  section  three  of  chapter  four 
hundred  and  six  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  is  hereby  further  amended  by  striking  out,  in  the 
eighth  line,  the  words  "five  hundred"  and  inserting  in  place 
thereof  the  words:  —  one  thousand,  —  so  as  to  read  as  fol- 
lows :  —  Section  5.  Except  as  provided  in  sections  one,  two 
and  three,  a  person  who  by  his  negligence  or  by  his  wilful, 
wanton  or  reckless  act,  or  by  the  negligence  or  wilful,  wan- 
ton or  reckless  act  of  his  agents  or  servants  while  engaged 
in  his  business,  causes  the  death  of  a  person  in  the  exercise 
of  due  care,  who  is  not  in  his  employment  or  service,  shall 
be  liable  in  damages  in  the  sum  of  not  less  than  one  thousand 
nor  more  than  ten  thousand  dollars,  to  be  assessed  with 
reference  to  the  degree  of  his  culpability  or  of  that  of  his 
agents  or  servants,  to  be  recovered  in  an  action  of  tort, 
commenced,  except  as  provided  by  sections  four  and  ten  of 
chapter  two  hundred  and  sixty,  within  two  years  after  the 
injury  which  caused  the  death  by  the  executor  or  admin- 
istrator of  the  deceased,  to  be  distributed  as  provided  in 
section  one. 


Acts,  1941.  — Chap.  505.  593 

Section  4.    Section  nine  of  said  chapter  two  hundred  and  p^h^Tg'^- 
twenty-nine,  as  appearing  in  the  Tercentenary  Edition,  is  §"9',  Amended, 
hereby  amended  by  striking  out,  in  the  sixth  Une,  the  words 
"five  hundred"  and  inserting  in  place  thereof  the  words:  — 
one  thousand,  —  so  as  to  read  as  follows:  —  Section  9.     If  Damages  in 

'  .  -  lip        action  tor 

under  section  four  or  section  seven  damages  are  awarded  tor  death  of 
death  or  for  injury  and  death,  they  shall  be  assessed  with  ^'"P'°y«^- 
reference  to  the  degree  of  culpability  of  the  emploj-er  or  of 
the  person  for  whose  negligence  the  employer  is  liable. 

The  amount  of  damages  which  may  be  awarded  in  an 
action  brought  under  section  four  shall  not  be  less  than  one 
thousand  nor  more  than  ten  thousand  dollars. 

The  amount  of  damages  which  may  be  awarded  for  in- 
jury and  death  in  an  action  brought  under  section  seven  shall 
be  apportioned  by  the  jury  between  the  legal  representa- 
tives of  the  employee  and  the  persons  who  would  have  been 
entitled  under  section  four  to  bring  an  action  for  his  death. 

Approved  July  22,  IONI- 


AN Act  relative  to  the  office^of  mayor  in  the  city  Chap. 505 

OF  CAMBRIDGE  AND  THE  ADMINISTRATION  OF  THE  AFFAIRS 
OF   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provisions  of  general 
law,  of  any  special  act  relating  to  the  city  of  Cambridge  or 
of  any  ordinance  of  said  city,  the  president  of  the  city  council 
of  said  city  in  office  on  the  effective  date  of  this  act,  here- 
after in  this  act  called  the  president,  or  his  successor  in  said 
ofiice  in  the  event  of  his  death  or  resignation  from  said  city 
council,  hereafter  in  this  act  called  his  successor,  shall  ex- 
clusively, during  the  period  beginning  with  said  effective 
date  and  ending  on  the  first  Monday  in  January,  nineteen 
hundred  and  forty-two,  possess  all  the  rights  and  powers, 
perform  all  of  the  duties  and  be  subject  to  all  of  the  obliga- 
tions of  mayor  of  said  city,  subject,  however,  to  the  follow- 
ing provisions :  — • 

(A)  If,  during  the  period  covered  by  this  act,  the  mayor 
of  said  city  who  was  sworn  into  office  on  the  first  Monday  in 
January,  nineteen  hundred  and  forty,  should  be  acquitted 
in  the  criminal  proceedings  now  pending  against  him  in 
the  courts  of  this  commonwealth,  then  the  powers,  rights, 
duties  and  obligations  hereby  conferred  upon  the  president 
or  his  successor  shall  no  longer  be  exercised  by  him  from 
and  after  the  date  of  such  acquittal. 

(B)  The  terms  of  all  persons  appointed  or  reappointed, 
temporarily  or  otherwise,  by  the  president  or  his  successor, 
during  the  period  covered  by  this  act,  or  by  the  mayor  of 
said  city  who  was  sworn  into  office  as  aforesaid,  in  case  of 
his  acquittal  as  set  forth  in  paragraph  (A) ,  between  the  date 
of  such  acquittal  and  the  first  Monday  in  January,  nine- 
teen hundred  and  forty-two,  shall  expire  on  said  first  Mon- 


594  Acts,  1941.— Chap.  505. 

day  in  January,  but  such  appointees  shall  continue  to  hold 
office  until  the  qualification  of  their  respective  successors. 

(C)  The  president  or  his  successor,  while  exercising  the 
rights  and  powers  and  performing  the  duties  of  mayor  under 
any  provision  of  this  act,  shall  be  entitled  to  compensation, 
payable  in  equal  monthly  instalments,  at  the  rate  of  seventy- 
five  hundred  dollars  per  annum,  but  shall  not,  during  said 
period,  be  entitled  to  any  compensation  as  a  member  of 
the  city  council. 

(D)  Nothing  in  this  act  shall  be  deemed  to  derogate 
from  the  powers  and  duties  of  the  president  or  his  successor 
in  his  capacity  as  president  and  a  member  of  said  city  coun- 
cil or  affect  his  tenure  as  such  president  or  member. 

(E)  In  case  the  president  or  his  successor,  for  a  continu- 
ous period  of  thirty  days,  shall  be  unable,  because  of  disa- 
bility or  absence  from  the  city,  to  exercise  the  powers  and 
duties  conferred  upon  him  by  this  act,  said  city  council  shall 
thereupon  elect  a  temporary  president  of  said  council  to 
exercise  and  perform  the  powers,  rights,  duties  and  obliga- 
tions conferred  and  imposed  upon  the  president  or  his  suc- 
cessor by  this  act  until  such  time  as  said  president  or  his 
successor  resumes  the  functions  and  duties  of  his  office,  or 
until  the  mayor  who  was  sworn  into  office  on  the  first  Mon- 
day in  January,  nineteen  hundred  and  forty,  is  acquitted 
as  set  forth  in  paragraph  (A). 

(F)  During  such  period,  prior  to  the  election  of  a  tem- 
porary president  as  provided  in  paragraph  (E),  aa  the  presi- 
dent or  his  successor,  because  of  disability  or  absence  from 
said  city,  is  unable  to  exercise  the  powers  or  perform  the 
duties  conferred  upon  him  by  this  act,  the  city  auditor  is 
hereby  authorized  to  approve  warrants  for  payments  from 
the  city  treasury  and  the  city  treasurer  is  hereby  author- 
ized to  pay  warrants  so  approved. 

(G)  During  the  period  covered  by  this  act,  no  perma- 
nent appointment,  and  no  provisional  or  temporary  ap- 
pointment except  to  fill  a  vacancy  until  the  said  first  Mon- 
day in  January,  nineteen  hundred  and  forty-two,  shall  be 
made  to  any  office  or  position  within  the  classified  civil  serv- 
ice of  said  city,  except  with  the  approval  of  the  director  of 
civil  service  in  the  department  of  civil  service  and  registra- 
tion. 

(H)  During  the  period  covered  by  this  act  no  additional 
appointment,  and  no  promotion  or  increase  in  salary  except 
regular  step-rate  increases,  shall  be  made  in  any  appointive 
office,  position  or  employment  in  the  service  of  said  city. 

Section  2.  No  special  election  for  a  mayor  shall  be  held 
in  said  city  during  the  current  year  under  the  provisions  of 
section  twenty-six  of  chapter  forty-three  of  the  General 
Laws. 

Section  3.  During  the  period  covered  by  this  act,  no 
loan  shall  be  made  by  said  city  under  any  special  act  au- 
thorizing it  to  borrow  money,  or  under  the  general  authority 
granted  by  chapter  forty-four  of  the  General  Laws,  other 


Acts,  1941.  — Chaps.  506,  507,  508.  595 

than  loans  issued  under  sections  four,  six,  six  A  and  seven- 
teen of  said  chapter,  without  the  approval  of  the  emergency 
finance  board  established  under  section  one  of  chapter  forty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-three,  as 
amended.  The  members  of  said  board,  when  acting  under 
this  act,  shall  receive  from  the  commonwealth  compensa- 
tion to  the  same  extent  as  provided  for  services  under  chap- 
ter three  hundred  and  sixty-six  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  as  amended. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  23,  1941. 

An  Act  authorizing  the  treatment  of  spastic  paraly-  Qjidrt  506 

SIS   AT   the   LAKEVILLE   STATE    SANATORIUM. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-five  A  of  chapter  one  hundred  and  eleven  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  section  one  of  chapter  j^gg^x^gJc 
thi'ee  hundred  and  forty-six  of  the  acts  of  nineteen  hundred  amended. " 
and   thirty-six,    is   hereby   further    amended    by  inserting 
before  the  semi-colon  in  the  fourth  line  the  following  new 
clause:  —  ,  and,  subject  to  the  established  regulations  of  the 
department,  persons  suffering  from  spastic  paralysis,  —  so 
as  to  read  as  follows:  —  Section  65 A.    The  department  may  Treatment 
admit  to  the  Lakeville  state  sanatorium  persons  suffering  plJaiy^ig'and 
from   extra-pulmonary  tuberculosis,    and   persons   crippled  other  diseases 
by  poliomyelitis  (infantile  paralysis),  and,  subject  to  the  es-  state sana- 
tablished  regulations  of  the  department,  persons  suffering  to"um. 
from  spastic  paralysis;    provided,  that  no  person  shall  be 
admitted  who  has  not  been  a  resident  of  the  commonwealth 
for  at  least  twelve  months  preceding  the  date  of  his  appli- 
cation for  admission,  and  that  preference  shall  be  given  to 
citizens  of  the  commonwealth.        Approved  July  23,  1941  ■ 

An  Act  relative  to  the  minimum  salaries  of  teachers.  Chav.507 

Be  it  enacted,  etc.,  as  follows: 

Section  forty  of  chapter  seventy-one  of  the  General  Laws,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended.^  ^^' 
by  striking  out,  in  the  fourth  line,  the  word  "seven"  and 
inserting  in  place  thereof  the  word :  —  eight,  —  so  as  to  read 
as  follows:  —  Section  40-    The  compensation  of  every  teacher  Minimum 
employed  in  any  public  day  school  in  the  commonwealth,  fo™tetcher8°° 
except  persons  in  training  and  those  employed  as  temporary 
substitutes,  shall  be  at  a  rate  of  not  less  than  eight  hundred 
and  fifty  dollars  for  the  school  year  in  that  school. 

Approved  July  23,  1941. 

An  Act  providing  for  advances  of  one  half  their  va-  r<hn^  kqq 
cation  pay  to  state  officers  and  employees.  ^' 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  in  part  to  make  available  to  p""^^"^*^'^- 


596 


Acts,  1941.  — Chap.  509. 


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


Vacation  pay, 
advance  of. 


state  officers  and  employees  the  benefits  thereof  during  the 
approaching  vacation  period;  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  twenty-nine  of  the  General 
Laws,  as  amended  by  section  two  of  chapter  one  hundred 
and  twenty-seven  of  the  acts  of  nineteen  hundred  and  thirty- 
two,  is  hereby  further  amended  by  adding  at  the  end  the 
following  words :  —  ,  and  advances  of  pay  may  be  made  to 
any  state  officer  or  employee  in  advance  of  his  regular  vaca- 
tion to  the  extent  of  the  equivalent  of  one  half  of  the  pay 
to  which  he  is  about  to  become  entitled  during  such  vaca- 
tion period  under  such  regulations  as  the  state  treasurer 
may  prescribe.  Approved  July  23,  lOJ^l. 


G.  L.  (Ter. 
Ed.).  4.  I  7, 
amended. 


"Fiscal  year' 
and  "  Fiscal 
biennium" 
defined. 


Chap. 509  An  Act  changing  the  fiscal  year  of  the  commonwealth, 

ESTABLISHING    THE    FISCAL    BIENNIUM    THEREOF   AND    MAK- 
ING  DIVERS   OTHER   RELATED   CHANGES   IN   EXISTING  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  four  of  the  General 
Laws  is  hereby  amended  by  striking  out  clause  Ninth,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following :  — 

Ninth,  "Fiscal  year",  when  used  with  reference  to  the 
commonwealth  or  any  of  its  offices,  departments,  boards, 
commissions,  institutions  or  undertakings,  except  the  metro- 
politan district  commission  and  the  metropolitan  district 
water  supply  commission,  established  by  section  one  of  chap- 
ter three  hundred  and  seventy-five  of  the  acts  of  nineteen 
hundred  and  twenty-six,  shall  mean  the  year  beginning 
with  July  first  and  ending  with  the  following  June  thirtieth, 
both  inclusive,  and  as  to  said  commissions  shall  mean  the 
year  beginning  with  December  first  and  ending  the  follow- 
ing November  thirtieth,  both  inclusive.  "Fiscal  biennium", 
when  so  used,  shall  mean,  except  as  to  said  commissions, 
the  period  of  two  consecutive  fiscal  years  beginning  with 
July  first  following  the  assembling  of  the  general  court  at 
its  regular  biennial  session,  and  as  to  said  commissions,  shall 
mean  such  period  beginning  with  December  first  preceding 
such  session. 

Section  2.  Section  one  of  chapter  twentj^-nine  of  the 
General  Laws,  as  amended  by  section  one  of  chapter  five 
hundred  and  two  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  further  amended  by  striking  out  the  para- 
graph added  by  section  one  of  said  chapter  five  hundred  and 
two  and  inserting  in  place  thereof  the  following :  — 

The  word  "biennium",  as  used  in  this  chapter,  shall, 
unless  the  context  otherwise  requires,  mean  the  fiscal  bien- 
nium as  defined  in  clause  Ninth  of  section  seven  of  chapter 
four. 


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


Biennium. 


Acts,  1941.  — Chap.  509.  597 

Section  3.     Section  two  of  chapter  sixty-three  of  the  g.  l.  (Xer. 
General  Laws,  as  most  recently  amended  by  section  twenty-  §  2',  et^a.' 
five  of  chapter  four  hundred  and  fifty-one  of  the  acts  of  amended. 
nineteen  hundred  and  thirty-nine,  is  hereby  further  amended 
by  striking  out,  in  the  ninth  line,  as  appearing  in  section 
two  of  chapter  three  hundred  and  twenty-seven  of  the  acts 
of  nineteen  hundred  and  thirty-three,  the  words  "July  first" 
and  inserting  in  place  thereof  the  words:  —  March  fifteenth, 
—  so  as  to  read  as  follows :  —  Section  2.    Every  bank  shall  ^"ko^U^'^ 

T    n         ^   •       ^     banks. 

pay  annually  a  tax  measured  by  its  net  mcome,  as  defined  m 
section  one,  at  the  rate  assessed  upon  other  financial  corpo- 
rations; provided,  that  such  rate  shall  not  be  higher  than 
the  highest  of  the  rates  assessed  under  this  chapter  upon 
mercantile  and  business  corporations  doing  business  in  the 
commonwealth;  and,  provided,  further,  that  such  rate  shall 
not  be  higher  than  six  per  cent.  The  commissioner  shall  Yitn^X'^^tl 
determine  the  rate  on  or  before  March  fifteenth  of  each 
year  after  giving  a  hearing  thereon,  and  at  or  prior  to  such 
hearing  he  shall  make  available  to  all  banks  requesting  the 
same  a  statement  showing  the  aggregates  of  the  income  re- 
turnable during  the  preceding  calendar  year  and  taxable 
under  this  chapter  and  the  aggregates  of  the  taxes  under 
this  chapter  of  such  year,  with  respect  to  the  following 
classes  of  corporations:  (1)  domestic  financial  corporations, 
(2)  foreign  financial  corporations,  (3)  domestic  manufac- 
turing corporations  as  defined  in  section  thirty-eight  C, 
(4)  foreign  manufacturing  corporations  as  defined  in  section 
forty-two  B,  (5)  domestic  business  corporations  as  defined 
in  section  thirty,  (6)  foreign  corporations  as  defined  in  said 
section  thirty.  The  commissioner  shall  seasonably  notify 
the  banks  of  his  determination.  Appeal  by  a  bank  from  the  Appeals, 
determination  of  the  commissioner  may  be  taken  to  the 
appellate  tax  board  within  ten  days  after  the  giving  of  such 
notice. 

Section  4.     Section  four  of  said  chapter  sixty-three,  as  Sj^^J®""- 
amended  by  chapter  three  hundred  and  sixty-eight  of  the  §  i,  etc' 
acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  further  amended, 
amended  by  striking  out,   in  the  eighth  line,   the  words 
"October   twentieth"   and  inserting   in  place   thereof   the 
words:  —  June  first,  —  so  as  to  read  as  follows:  —  Section  4.  ^\ii^nsoi°' 
All  provisions  of  this  chapter  relative  to  the  assessment,  col-  chapter  ap- 
lection,  payment,  abatement,  verification  and  administra-  faxes  under 
tion  of  taxes,  including  penalties,  applicable  to  domestic  section  two. 
business  corporations,  as  defined  in  section  thirty,  shall,  so 
far  as  pertinent,  be  applicable  to  taxes  under  section  two; 
provided,  that  the  entire  tax  under  section  two  shall  be  due 
on  June  first  and  not  when  the  tax  return  is  required  to  be 
filed,  and  any  notice  required  to  be  given  to  a  national  bank- 
ing association  shall  be  given  to  the  cashier  thereof;    and 
provided,  further,  that  no  such  provisions  shall  be  so  applied 
as   to   contravene  the   federal   constitution   or  the  federal 
statutes  relating  to  national  banking  associations. 


598 


Acts,  1941.  — Chap.  509. 


G.  L.  (Ter. 
Ed.),  63,  §  20, 
amended. 


Taxation  of 
life  insur- 
ance com- 
panies. 


Returns. 


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


Assessment 
and  notice 
to  insurance 
oompaniea. 


Section  5.     Section  twenty  of  said  chapter  sixty-three, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  fourteenth  Hne,  the  word  "May"  and 
inserting  in  place  thereof  the  word :  —  March,  —  so  as  to 
read  as  follows :  —  Section  20.     Every  life  insurance  com- 
pany, as  defined  by  section  one  hundred  and  eighteen  of 
chapter  one  hundred  and  seventy-five,  authorized  to  trans- 
act business  in  the  commonwealth  shall  annually  pay  an 
excise  of  one  quarter  of  one  per  cent  upon  the  net  value  of 
all  poHcies  in  force  on  December  thirty-first  of  the  year  pre- 
ceding that  in  which  the  tax  is  payable,  issued  or  assumed 
by  such  company  on  the  lives  of  residents  of  this  common- 
wealth as  determined  by  the  commissioner  from  the  return 
required  under  this  section  and  such  other  evidence  as  he 
may  obtain.     All  contingencies  of  any  other  character  in- 
sured against  by  such  company  under  authority  of  clause 
sixth  of  section  forty-seven  of  chapter  one  hundred  and 
seventy-five  or  any  other  provision  of  law,  contracts  for 
which  are  required  to  be  in  separate  and  distinct  policies, 
shall  be  taxable  under  sections  twenty-two  and  twenty- 
three  of  this  chapter.    Every  such  company  shall  annually, 
on  or  before  March  first,  make  a  return  to  the  commis- 
sioner, on  oath  of  its  president  or  secretary  and  its  actuary, 
giving  in  such  detail  as  the  commissioner  shall  require  the 
total  number  of  policies  in  force  on  December  thirty-first 
preceding  on  the  lives  of  residents  of  this  commonwealth, 
the  aggregate  net  value  thereof  and  the  aggregate  amount 
insured.    Whenever  the  commissioner  deems  it  for  the  best 
interest  of  the  commonwealth  he  may  require  in  addition  to 
the  above  information  the  following  details  relating  to  each 
policy  of  ordinary  business  in  force  on  December  thirty-first 
preceding  on  the  life  of  a  resident  of  Massachusetts:    the 
number,  date  and  class,  the  age  of  the  assured,  the  amount 
insured  and  the  net  value.    In  respect  to  ordinary   busi- 
ness the  aggregate  net  value  so  reported  shall  be  the  com- 
bined aggregate   of  the  mean  reserve  computed  for  each 
poHcy,  or  each  group  of  poHcies  requiring  a  separate  com- 
putation to  determine  their  net  value,  on  the  basis  of  valua- 
tion used  or  approved  by  the  commissioner  of  insurance 
under  section  nine  of  chapter  one  hundred  and  seventy-five. 
In  respect  to  industrial  business  the  aggregate  net  value  so 
reported  may  be  estimated  upon  the  basis  of  such  general 
averages  or  otherwise  as  shall  be  authorized  by  the  com- 
missioner with  the  approval  of  the  commissioner  of  insurance. 
Section  6.     Section  twenty-eight  of  said  chapter  sixty- 
three,  as  amended  by  section  twenty-seven  of  chapter  four 
hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  and 
thirty-nine,  is  hereby  further  amended  by  striking  out,  in 
the  seventh,  ninth  and  tenth  lines,  the  word  "July",  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof,  in  each  instance,  the  word :  —  June,  —  so  as  to  read 
as   follows :  —  Section  28.     The   commissioner,    from   such 
returns,  and  from  such  other  evidence  as  he  may  obtain, 


Acts,  1941.  — Chap.  509.  599 

shall  assess  upon  all  insurance  companies  subject  to  this 
chapter  the  taxes  imposed  by  sections  twenty  to  twenty- 
three,  inclusive,  and  shall  forthwith  upon  making  such  as- 
sessment give  to  every  such  company  notice  of  the  amount 
thereof.  Such  taxes  shall  become  due  and  payable  to  the  com- 
missioner thirty  days  after  the  date  of  such  notice  but  not 
later  than  June  first.  All  such  taxes  shall  bear  interest  at 
the  rate  of  six  per  cent  per  annum  from  the  date  payable 
until  June  first  and,  whether  assessed  before  or  after  June 
first,  shall  bear  interest  at  the  rate  of  twelve  per  cent  per 
annum  from  June  first  until  they  are  paid.  Within  sixty  Application 
days  after  the  date  of  such  notice  the  company  may  apply  ^°''  «=°"e<'^'°'>- 
to  the  commissioner  for  a  correction  of  said  excise,  and  in  '^^p^^^- 
default  of  settlement  may,  upon  application  within  thirty 
days  of  the  date  of  notification  of  the  commissioner's  deci- 
sion, be  heard  thereon  by  the  appellate  tax  board.  If  abate- 
ment of  a  tax  paid  is  granted,  the  overpayment  with  interest 
thereon  at  the  rate  of  six  per  cent  per  annum  from  the  date 
of  payment  shall  be  refunded  to  the  corporation  by  the 
state  treasurer  without  any  appropriation  therefor  by  the' 
general  court. 

Section  7.     The  first  paragraph  of  section  fifty-three  of  g.  l.  (Ter. 
said  chapter  sixty-three,  as  most  recently  amended  by  sec-  §  53,'  etc'., 
tion  sixty  of  chapter  two  hundred  and  fifty-four  of  the  acts  amended. 
of  nineteen  hundred   and   thirty-three,   is   hereby  further 
amended   by  striking  out,   in  the  twelfth  fine,   the  word 
"April"  and  inserting  in  place  thereof  the  word:  —  Febru- 
ary, —  so  as  to  read  as  follows :  —  Every  corporation  organ-  Annual  returns 
ized  under  general  or  special  laws  of  the  commonwealth  for  tJcommfs^-*'*"^^ 
purposes  of  business  or  profit,  having  a  capital  stock  divided  sioner. 
into  shares,  except  banks  otherwise  taxable  under  this  chap- 
ter, except  insurance  companies  with  capital  stock  and  mu- 
tual insurance  companies  with  a  guaranty  capital  or  per- 
manent fund  whose  premiums  are  otherwise  taxable  under 
this  chapter,  and  except  corporations  taxable  under  sections 
thirty  to  fifty-one,  inclusive,  in  addition  to  all  returns  re- 
quired by  its  charter,  and  in  addition  to  all  returns  other- 
wise required  under  this  chapter,  shall  annually,  between 
February  first  and  tenth,  make  a  return  to  the  commissioner, 
on  oath  of  its  treasurer,  stating  the  name  and  place  of  busi- 
ness of  the  corporation,  and  setting  forth  as  of  January  first 
of  the  year  in  which  the  return  is  made: 

Section  8.    Section  sixty  of  said  chapter  sixty-three,  as  g.  l.  (Ter. 
amended  by  section  twenty-eight  of  chapter  four  hundred  feo.'et^c', 
and  fifty-one  of  the  acts  of  nineteen  hundred  and  thirty-  amended'.' 
nine,  is  hereby  further  amended  by  striking  out,  in  the  sec- 
ond line,  the  words  "the  first  Monday  of  August",  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  words :  —  April  fifteenth,  —  and  by  striking  out, 
in  the  seventh  fine,  the  words  "October  twentieth",  as  so 
appearing,  and  inserting  in  place  thereof  the  words :  —  June 
first,  —  so  as  to  read  as  follows :  —  Section  60.     The  com-  Notice  of 
missioner  shall  annually,  as  soon  as  may  be  after  April  fif-  payment/^ 


600 


Acts,  1941.  — Chap.  510. 


right  of 
correction 
and  appeal. 


Temporary 
provisions. 


teenth,  give  notice  to  the  treasurer  of  every  corporation, 
company  or  association  liable  to  any  tax  under  section  fifty- 
eight,  of  the  amount  thereof,  the  time  when  due,  the  right 
to  apply  for  correction,  and  the  right  of  appeal,  all  as  herein 
provided.  Said  tax  shall  be  due  and  payable  to  the  com- 
missioner within  thirty  days  after  the  date  of  such  notice, 
but  not  before  June  first.  The  taxpayer  may  apply  to  the 
commissioner,  within  sixty  days  after  the  date  of  the  notice, 
for  the  correction  of  the  tax,  and  in  default  of  settlement 
may,  within  thirty  days  of  the  date  of  notification  of  the 
commissioner's  decision,  appeal  therefrom  to  the  appellate 
tax  board.  If  abatement  of  a  tax  paid  is  granted  the  over- 
payment with  interest  thereon  at  the  rate  of  six  per  cent 
per  annum  from  the  date  of  payment  shall  be  refunded  to 
the  taxpayer  by  the  state  treasurer  without  any  appropria- 
tion therefor  by  the  general  court  even  though  such  sum  is 
not  deductible  from  a  tax  or  taxes  to  be  distributed  to  the 
several  towns. 

Section  9.  The  first  fiscal  year  and  fiscal  biennium  es- 
tabhshed  by  section  one  of  this  act  shall  begin  on  July  first, 
nineteen  hundred  and  forty-three.  Sections  one  and  two 
shall  take  effect  on  January  first,  nineteen  hundred  and 
forty-two,  for  all  purposes  connected  with  fiscal  years  and 
fiscal  bienniums  beginning  on  or  after  said  July  first.  Sec- 
tions three  to  eight,  inclusive,  shall  take  effect  at  midnight 
on  December  thirty-first,  nineteen  hundred  and  forty-two, 
and  shall  apply  to  taxes  assessed  in  or  on  account  of  the 
year  nineteen  hundred  and  forty-three  and  each  year  there- 
after. Approved  July  23,  19Jfl. 


Chap. 510  An  Act  relative  to  the  removal  and  hospitalization 

OF    CERTAIN    PRISONERS   AND    PERSONS    COMMITTED    TO    DE- 
PARTMENTS   FOR   DEFECTIVE    DELINQUENTS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SECTION  1.     Chapter  one  hundred  and  twenty-seven  of 

§ii7,imended.  the  General  Laws  is  hereby  amended  by  striking  out  section 
one  hundred  and  seventeen,  as  appearing  in  the  Tercente- 
nary Edition,  and  inserting  in  place  thereof  the  following 
section:  —  Section  117.  Whenever  the  physician  of  any 
prison,  or  of  any  institution  under  the  control  of  the  depart- 
ment of  correction  at  which  a  department  for  defective  de- 
linquents is  maintained  under  section  one  hundred  and 
seventeen  of  chapter  one  hundred  and  twenty-three,  certi- 
fies that  a  person  held  in  such  prison  for  trial  or  sentence, 
except  for  a  capital  crime,  or  a  person  under  commitment 
to  such  a  department,  respectively,  requires  medical  treat- 
ment which  cannot  safely  or  properly  be  given  in  such 
prison  or  institution,  as  the  case  may  be,  the  commissioner 
may  temporarily  place  such  person  in  a  hospital. 
g-jL.  (Ter.  SECTION  2.    Said  chapter  one  hundred  and  twenty-seven 

§  lis,  etc.,        is  hereby  further  Amended  by  striking  out  section  one  hun- 

amended. 


Hospital  treat- 
ment for 
certain 
prisoners. 


Acts,  1941.  — Chap.  510.  601 

dred  and  eighteen,  as  most  recently  amended  by  section 
forty-three  of  chapter  three  hundred  and  fifty-one  of  the 
acts  of  nineteen  hundred  and  forty-one,  and  inserting  in 
place  thereof  the  following  section:  —  Section  118.  When-  HospitaUza- 
ever  it  appears  that  a  female  confined  under  sentence  in  nant°fema1[ls. 
any  prison,  or  under  commitment  to  a  department  for  de- 
fective dehnquents  referred  to  in  section  one  hundred  and 
seventeen,  is  about  to  give  birth  to  a  child,  the  physician 
of  the  institution  where  the  inmate  is  confined  shall  send  to 
the  commissioner  a  certificate  of  her  condition,  and  the  com- 
missioner shall  thereupon  order  her  removal  to  a  hospital 
near  the  institution  where  she  is  confined,  but  in  no  case 
shall  such  female  be  removed  to  the  Tewksbury  state  hos- 
pital and  infirmary  or  to  any  penal  or  reformatory  institu- 
tion for  the  purpose  of  giving  birth.  An  inmate  so  removed 
shall  be  kept  in  such  hospital  until  the  physician  thereof 
shall  certify  to  said  commissioner  that  she  may  safely  be 
removed,  whereupon  the  commissioner  shall  issue  an  order 
for  her  return  to  prison  or  to  the  department  for  defective 
delinquents. 

Section  3.  Section  one  hundred  and  twenty-three  of  Edo,  1J7T' 
said  chapter  one  hundred  and  twenty-seven,  as  appearing  §  123,  amended, 
in  the  Tercentenary  Edition,  is  hereby  amended  by  insert- 
ing after  the  word  "removal"  in  the  sixth  line  the  words: 
—  of  a  prisoner,  —  and  by  adding  at  the  end  the  following 
sentence :  —  The  expense  of  removing,  under  section  one 
hundred  and  seventeen  or  one  hundred  and  eighteen,  a  per- 
son under  commitment  to  a  department  for  defective  de- 
hnquents, shall  be  paid  by  the  institution  from  which  such 
person  is  removed;  and  all  hospital  expenses  incurred  under 
either  of  said  sections  in  connection  with  a  prisoner  or  a 
person  under  commitment  as  aforesaid  shall  be  paid  by  the 
prison  or  institution  from  which  such  person  is  removed,  — 
so  as  to  read  as  follows:  —  Section  123.    The  expense  of  Expense  of 

«  .     .,  ,  .  J  •  .       removal  of 

removmg  a  prisoner  from  one  jail  or  house  01  correction  to  prisoners. 
another  shall  be  paid  by  the  county  from  which  he  is  re- 
moved. The  expense  of  removing  a  prisoner  to  or  from  a 
state  institution  by  order  of  the  commissioner  shall  be  paid 
upon  bills  approved  by  him,  out  of  the  appropriation  for 
the  removal  of  prisoners,  except  that  when  a  removal  of  a 
prisoner  is  made  at  the  request  of  the  trustees  of  any  in- 
stitution, or  under  section  one  hundred  and  seventeen  or 
one  hundred  and  eighteen,  the  expense  thereof  shall  be  borne 
by  the  institution  from  which  the  prisoner  is  removed.  The 
expense  of  removing  a  prisoner  to  the  Bridgewater  state 
hospital  or  to  a  state  hospital  shall  be  paid  by  the  prison 
from  which  the  prisoner  is  removed.  The  expense  of  re- 
moving, under  section  one  hundred  and  seventeen  or  one 
hundred  and  eighteen,  a  person  under  commitment  to  a 
department  for  defective  delinquents,  shall  be  paid  by  the 
institution  from  which  such  person  is  removed;  and  all 
hospital  expenses  incurred  under  either  of  said  sections  in 


602 


Acts,  1941.  — Chap.  511. 


connection  with  a  prisoner  or  a  person  under  commitment 
as  aforesaid  shall  be  paid  by  the  prison  or  institution  from 
which  such  person  is  removed.       Approved  July  23,  1941. 


Chap.511  An  Act  making  certain  changes  in  the  election  laws 

MADE   NECESSARY   BY   THE   USE    OF   VOTING   MACHINES. 


G.  L.  (Ter. 

Ed.),  50, 

§  1,  amended. 


"Ballot 

labels" 
defined. 


G.  L.  (Ter. 
Ed.),  50, 
§  1,  further 
amended. 


"Official 

ballot" 

defined. 


G.  L.  (Ter. 
Ed.),  53,  §  33, 
amended. 

Voting 
machine 
sample  ballot. 


G.  L.  (Ter. 
Ed.),  53,  §  36, 
amended. 


Posting  of 
sample  bal- 
lots in  polling 
places. 


G.  L.  (Ter. 
Ed.),  64, 
§  35A,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  fifty  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  inserting  after  the  word  "city"  in  the  seventh 
hne  the  following  new  paragraph :  — 

"Ballot  labels"  shall  mean  printed  strips  of  cardboard  or 
paper  for  use  on  voting  machines,  containing  the  names  and 
addresses  of  candidates  for  each  office  and  the  questions 
submitted  to  the  voters  at  the  election  except  such  ques- 
tions as  shall  appear  on  separate  ballots,  as  determined  by 
the  state  secretary  under  section  thirty-five  A  of  chapter 
fifty-four. 

Section  2.  Said  section  one  of  said  chapter  fifty  is  hereby 
further  amended  by  striking  out  the  paragraph  appearing 
in  the  fifty-fourth  and  fifty-fifth  fines  and  inserting  in  place 
thereof  the  following  paragraph :  — 

"Official  baUot"  shall  mean  a  ballot  prepared  for  any 
primary,  caucus  or  election  by  public  authority  and  at  pub- 
lic expense,  and  whete  voting  machines  are  used  shall  in- 
clude ballot  labels. 

Section  3.  Section  thirty-three  of  chapter  fifty-three  of 
the  General  Laws,  as  so  appearing,  is  hereby  amended  by 
adding  at  the  end  the  following  new  sentence :  —  In  places 
where  voting  machines  are  used,  three  ballots  entitled  "Vot- 
ing Machine  Sample  Ballots",  to  be  in  such  form  as  may 
be  determined  by  the  state  secretary  or  the  city  or  town 
clerk,  as  the  case  may  be,  shall  also  be  so  provided. 

Section  4,  Section  thirty-six  of  said  chapter  fifty-three, 
as  so  appearing,  is  hereby  amended  by  inserting  after  the 
word  "ballots"  in  the  ninth  fine  the  words:  ^,  or,  in  the 
case  of  polling  places  where  voting  machines  are  used,  three 
voting  machine  sample  ballots,  described  in  section  thirty- 
three,  —  so  that  the  sentence  contained  in  lines  seven  to 
twelve,  inclusive,  will  read  as  follows:  —  The  presiding  ofiicer 
at  each  polfing  place  shall,  before  the  opening  of  the  primary, 
conspicuously  post  in  such  polling  place  at  least  six  speci- 
men ballots,  or,  in  the  case  of  polling  places  where  voting 
machines  are  used,  three  voting  machine  sample  ballots,  de- 
scribed in  section  thirty-three,  for  each  party,  which  shall 
be  kept  so  posted  until  the  polls  are  closed,  except  that 
where  voting  booths  are  provided  two  of  the  six  specimen 
ballots  for  each  party  may  be  posted  on  the  outside  of  the 
booth. 

Section  5.  Section  thirty-five  A  of  chapter  fifty-four  of 
the  General  Laws,  inserted  by  section  three  of  chapter  two 


Acts,  1941.  — Chap.  512.  603 

hundred  and  eighty-one  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  amended  by  adding  at  the  end  the 
following  new  sentence :  —  When  the.  state  secretary  shall  fj^'°g*^dum, 
determine  that  it  is  not  feasible  to  have  a  question  or  ques-  when  used. ' 
tions  submitted  to  the  people  under  Article  XLVIII  of  the 
amendments  to  the  constitution  with  the  required  descrip- 
tion or  descriptions  thereof  appear  on  the  voting  machine, 
he  shall  prepare  separate  ballots  containing  such  question 
or  questions  and  provide  such  ballots  for  each  such  polling 
place,  in  accordance  with  section  forty-five,  to  be  used  by 
the  voters  casting  their  votes  by  the  use  of  the  voting  ma- 
chine, and  one  such  ballot  shall  be  furnished  to  each  voter 
as  he  prepares  to  cast  his  vote  by  the  use  of  such  a  machine. 

Section  6.     Section  thirty-five  B  of  said  chapter  fifty-  a  L.^Ter. 
four,  as  so  inserted,  is  hereby  amended  by  striking  out  the  §  sbs,  etc., 
second  sentence  of  the  second  paragraph  and  inserting  in  amended. 
place  thereof  the  following  sentence :  —  The  totals  of  ballots  Recording 
cast  by  challenged  voters,  of  absent  voting  ballots  cast  and  '^°  ^' 
of  separate  ballots  cast  upon  questions  submitted  to  the 
voters  under  Article  XLVIII  of  the  amendments  to  the  con- 
stitution shall  be  recorded  separately  or  on  separate  total 
sheets  and  added  to  the  total  vote  cast  by  the  use  of  voting 
machines  for  each  candidate  and  for  each  question. 

Section  7.    Said  section  thirty-five  B  is  hereby  further  aL.^Ter. 
amended  by  striking  out,  in  the  twenty-fifth  and  twenty-  §  s'sb,  tother 
sixth   lines,  the   words  "or  thirty-five  B",  —  so   that   the  amended, 
third  paragraph  will  read  as  follows :  — 

All  provisions  of  law  relative  to  primaries  and  elections,  Law  appUcabie, 
so  far  as  applicable  to  the  use  of  voting  machines  and  not  "^  ®"' 
inconsistent  with  this  section  or  section  thirty-five  A,  shall 
apply  to  all  primaries  and  elections  held  at  polling  places 
where  voting  machines  are  used. 

Approved  July  S3,  19%1. 


An  Act  relative  to  personnel  in  the  office  of  the  Chap. 512 

STATE    superintendent   OF   BUILDINGS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^^"^^f^^ 
to  defeat  its  purpose,  which  is  to  make  immediately  avail- 
able to  the  state  superintendent  of  buildings  certain  person- 
nel in  view  of  the  large  amount  of  extra  work  imposed  upon 
said  superintendent  on  account  of  the  present  national  emer- 
gency, therefore  this  act  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  seven  of  chapter  thirty  of  the  General  Laws,  as  g.  l.  (Ter. 


Ed.),  30. 
etc.. 


amended  by  section  one  of  chapter  four  hundred  and  four-  l-^- 
teen  of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  amended, 
hereby  further  amended  by  inserting  after  the  word  "com- 
mission" the  first  time  it  occurs  in  the  sixth  line  the  words: 
—  ,  the  state  superintendent  of  buildings,  —  so  as  to  read 


604  Acts,  1941.  — Chap.  513. 

Appointment  as  follows :  —  Sectiou  7.  Each  officer,  board  and  commis- 
oFcJi^fidentiai  sioii  haviiig  supervision  and  control  of  an  executive  or  ad- 
empioyees.  ministrativc  department,  including  each  commissioner  of 
the  commission  on  administration  and  finance  and  the  officer 
in  charge  of  the  division  of  personnel  and  standardization 
of  said  commission,  the  state  superintendent  of  buildings, 
the  alcoholic  beverages  control  commission  and  the  state 
racing  commission,  but  not  including  the  several  boards 
serving  in  the  division  of  registration  of  the  department  of 
civil  service  and  registration,  maj''  appoint  and  remove  a  per- 
son to  serve  as  a  confidential  secretary.  Such  appointment 
shall  be  in  accordance  with  the  provisions  of  sections  forty- 
five  to  fifty,  inclusive,  of  this  chapter  and  shall  be  exempt 
from  the  provisions  of  chapter  thirty-one. 

Appi'oved  July  24,  1941- 

Chap. 513  An  Act  relative  to  the  borrowing  of  money  by  the 

TOWN  OF  PLYMOUTH  FOR  THE  PURPOSE  OF  IMPROVING 
PLYMOUTH  HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  sixty-four  of  the  acts 
of  the  current  year  is  hereby  amended  by  inserting  after  the 
word  "purpose"  in  the  seventeenth  line  the  words:  —  from 
available  funds  or  voted,  —  so  as  to  read  as  follows:  —  Sec- 
tion 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  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Plymouth  Harbor  Improvement  Loan, 
Act  of  1941.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  paid  in  not  more  than  five 
years  from  their  dates,  but  no  issue  shall  be  authorized  un- 
der this  act  unless  a  sum  equal  to  an  amount  not  less  than 
ten  per  cent  of  such  authorized  issue  is  voted  for  the  same 
purpose  from  available  funds  or  voted  to  be  raised  by  the 
tax  levy  of  the  year  when  authorized.  Indebtedness  in- 
curred 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  con- 
tained in  the  first  paragraph  of  section  seven  thereof. 

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

Approved  July  24,  1941. 


Acts,  1941.  — Chap.  514.  605 


An  Act  authorizing  the  merger  and  consolidation  of  Chav.514: 

..BUSINESS    CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  fifty-six  of  the  Sn^'}T|''- 
General  Laws  is  hereby  amended  by  striking  out  section  §"36,' amended. 
thirty-six,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section  Liability  of 
86.    The  president,  treasurer  and  directors  of  every  corpo-  Tr'eMurer'and 
ration  shall  be  jointly  and  severally  liable  for  all  the  debts  directors. 
and  contracts  of  the  corporation  contracted  or  entered  into 
while  they  are  officers  thereof  if  any  stock  is  issued  in  vio- 
lation of  section  fifteen,  sixteen,  forty-six  B  or  forty-six  D, 
or  if  any  statement  or  report  required  by  this  chapter  is 
made  by  them  which  is  false  in  any  material  representation 
and  which  they  know  to  be  false;    but  directors  who  vote 
against  such  issue,  and  are  recorded  as  so  voting,  shall  not 
be  so  liable,  and  only  the  officers  signing  such  statement  or 
report  shall  be  so  liable;   provided,  that  if  a  report  of  con- 
dition as  a  whole  states  the  condition  of  the  corporation 
with  substantial  accuracy,  in  accordance  with  usual  meth- 
ods of  keeping  accounts,  it  shall  not  be  deemed  to  be  false; 
and,  provided,  also,  that  the  officers  or  directors  signing  a 
false  report  of  condition  shall  be  liable  only  for  debts  con- 
tracted and  contracts  entered  into  before  the  filing  of  the 
next  subsequent  report  of  condition,  and  only  to  persons 
who  shall  have  relied  upon  such  false  report  to  their  damage. 

Section  2.     Said  chapter  one  hundred  and  fifty-six  is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  forty-six,  ne'w'sec^twns 
as  so  appearing,  the  five  following  new  sections  under  the  fnggrtg/^^' 
caption   merger  and  consolidation.:  —  Section  46 A.     ^ -^i^^  ^^^^ 
corporation  owning  all  the  stock  of  a  corporation  which  is  corporations. 
engaged  in  a  business  similar  or  incidental  to  the  business  Procedure, 
in  which  the  owning  corporation  is  authorized  to  engage,  or  ®**'" 
owning  all  the  stock  of  a  foreign  corporation  qualified  to 
transact  business  in  this  commonwealth  under  chapter  one 
hundred  and  eighty-one  and  is  engaged  in  a  similar  or  inci- 
dental business  may,  if  the  laws  of  the  state  where  such 
foreign  corporation  is  incorporated  permit,  by  vote  of  a 
majority  of  the  board  of  directors  of  the  owning  corporation 
merge  with  the  corporation  whose  stock  it  owns.     Within 
thirty  days  after  any  meeting  at  which  such  merger  has 
been  voted,  articles  of  amendment  setting  forth  said  vote 
and  a  certificate  of  the  ownership  of  all  the  stock  of  the 
corporation  with  which  it  has  so  voted  to  merge,  signed  and 
sworn  to  by  the  president,  treasurer  and  a  majority  of  the 
directors  of  the  owning  corporation,  shall  be  submitted  to 
the  commissioner,  who  shall  examine  them  as  in  the  case 
of  articles  of  organization,  and,  if  he  finds  that  they  con- 
form to  the  provisions  of  law  relative  to  the  merger  of 
corporations,  he  shall  so  certify  and  endorse  his  approval 
thereon.    Thereupon,  the  articles  of  amendment  shall,  upon 


606  Acts,  1941.  — Chap.  514. 

payment  of  the  fee  provided  in  section  fifty-five,  be  filed  in 
the  office  of  the  state  secretary.    No  merger  shall  take  effect 
until  the  articles  of  amendment  have  been  filed  as  afore- 
said. 
Property  Upon  the  filing  of  such  articles,  all  of  the  property,  real, 

r^uiTing'^  personal  and  mixed,  and  the  rights,  privileges  and  fran- 
corporation.  chiscs  of  the  merged  corporation  shall  vest  in  and  be  held 
and  owned  by  the  resulting  corporation  as  the  same  were 
before  held  and  owned  by  the  merged  corporation,  subject, 
however,  to  all  the  liabilities  and  obligations  including  taxes 
of  the  merged  corporation,  and  the  rights  of  creditors  thereof, 
for  which  the  resulting  corporation  shall  be  liable  in  the  same 
manner  and  to  the  same  extent  as  if  it  had  itself  incurred 
such  liabihties  and  obligations.  The  resulting  corporation 
shall  not  thereby  acquire  power  to  engage  in  any  business 
or  to  exercise  any  right,  privilege  or  franchise  which  it  could 
not  lawfully  engage  in  or  exercise  under  the  law  under 
which  it  existed  immediately  prior  to  the  merger. 
Articles  to  The  resulting  corporation  shall,  within  twenty  days  of 

regfsu-feTof       tlic  filing  of  such  articles  with  the  state  secretary,  file  a  copy 
deeds,  when,      thereof.  Certified  by  the  state  secretary,  in  the  registry  of 
deeds  in  every  district  in  which  real  property  of  the  merged 
corporation  is  situated. 
ConsoUdation        SecHofi  A6B.    Two  or  more  corporations  may  be  consoli- 

of  corporations,     i.i-,  ,•  i-i  i 

dated  mto  one  corporation,  which  may  be  a  new  corpora- 
etc.  '  tion  or  one  of  the  constituent  corporations,  by  the  fifing  of 
9,rticles  of  amendment,  approved  as  hereinafter  provided, 
which  shall  be  entitled  ''Amendment  —  Articles  of  consoli- 
dation of  and  into  , 
pursuant  to  section  forty-six  B  of  chapter  one  hundred  and 
fifty-six  of  the  General  Laws",  the  blank  spaces,  other  than 
the  last  blank  space,  being  filled  with  the  names  of  the  con- 
stituent corporations  and  the  last  blank  space  being  filled 
with  the  name  of  the  corporation  formed  by  the  consolida- 
tion, herein  and  in  sections  forty-six  C  and  forty-six  D 
called  the  consolidated  corporation,  and  shall  set  forth: 

1.  The  name  of  each  corporation  to  be  included  in  the 
consolidation. 

2.  The  total  number  of  shares  which  each  corporation 
included  in  the  consolidation  has  been  authorized  to  issue, 
the  par  value,  if  any,  the  terms  thereof,  and  the  amount  of 
stock  issued,  set  forth  in  the  manner  provided  in  section 
forty-four. 

3.  (a)  The  name  of  the  consolidated  corporation,  which 
name  may  be  that  of  any  of  the  constituent  corporations 
or  any  other  name  permitted  by  section  nine  of  chapter 
one  hundred  and  fifty-five. 

(6)  The  location  of  the  principal  office  of  the  consolidated 
corporation  in  the  commonwealth,  or  elsewhere  in  the  case 
of  a  corporation  formed  to  do  business  wholly  outside  the 
commonwealth. 

(c)  The  purposes  for  which  the  consolidated  corporation 
is  formed  and  the  nature  of  the  business  to  be  transacted. 


Acts,  1941.  — Chap.  514.  607 

and,  if  formed  for  the  purposes  mentioned  in  section  seven, 
a  statement  limiting  the  term  of  said  consohdated  corpora- 
tion to  fifty  years. 

(d)  The  total  amount  of  capital  stock  of  the  corporation 
to  be  authorized  and  the  number  of  shares  into  which  the 
capital  stock  is  to  be  divided,  and  the  par  value  of  the  shares, 
which  shall  not  be  less  than  one  dollar,  and  the  number  of 
shares  without  par  value  to  be  authorized. 

(e)  The  restrictions,  if  any,  imposed  upon  the  transfer 
of  shares. 

(/)  If  there  are  two  or  more  classes  of  stock,  a  description 
of  the  different  classes  and  a  statement  of  the  terms  on 
which  they  are  to  be  created  and  the  method  of  voting 
thereon. 

(g)  Any  other  lawful  provisions  for  the  conduct  and  regu- 
lation of  the  business  of  the  consolidated  corporation,  for 
its  voluntary  dissolution,  or  for  limiting,  defining  or  regu- 
lating the  powers  of  the  consolidated  corporation,  or  of  its 
directors,  or  stockholders,  or  of  any  class  of  stockholders. 

4.  A  statement  in  accordance  with  the  requirements  of  statement 
section  sixteen,  setting  forth  the  amount  of  capital  stock  stockretc. 
proposed  to  be  issued  and  the  consideration  therefor.  The 
amount  of  consideration  received  by  the  consolidated  cor- 
poration for  the  issuance  of  such  of  its  shares  as  are  sub- 
stituted upon  conversion  for  previously  issued  and  out- 
standing shares  of  the  constituent  corporations  shall  be 
deemed  to  be  the  amount  for  which  such  previously  issued 
shares  were  issued.     The  aggregate  par  value  of  the  shares 

with  a  par  value  of  the  consolidated  corporation  substituted 
upon  conversion  for  previously  issued  and  outstanding 
shares  of  the  constituent  corporations  shall  not  exceed  the 
aggregate  value  of  the  property  of  the  constituent  cor- 
porations. 

5.  The  terms  and  conditions  of  the  consolidation,  if  any;  Terms  and 
the  mode  of  carrying  same  into  effect  and  the  manner  of  consiilaation. 
converting  the  shares  of  each  of  the  constituent  corpora- 
tions into  shares  of  the  consolidated  corporation,  or,  if  the 
consolidated  corporation  is  to  be  one  of  the  constituent 
corporations  and  the  outstanding  shares  of  such  surviving 
constituent  corporation  are  not  to  be  changed,  the  manner 

of  converting  the  shares  of  each  of  the  other  constituent 
corporations  into  shares  of  the  consolidated  corporation. 

The  articles  of  consolidation  may  contain  such  other  pro- 
visions as  might  be  included  in  an  agreement  of  association, 
or  amendments  thereto,  pursuant  to  this  chapter,  together 
with  any  provisions  deemed  necessary  or  desirable  in  con- 
nection with  the  consolidation,  but  no  articles  of  consolida- 
tion shall  be  deemed  to  confer  upon  the  consolidated  cor- 
poration any  powers,  rights,  privileges  or  franchises  incon- 
sistent with  this  chapter. 

The  articles  of  consolidation  shall  be  approved  by  each  Articles  of 
constituent  corporation  by  affirmative  vote,  at  a  meeting  to"brapproveii 
called  for  the  purpose,  of  two  thirds  of  each  class  of  stock  by  stock- 

'  holders. 


608  Acts,  1941.  — Chap.  514. 

outstanding  and  entitled  to  vote,  or  by  a  larger  vote  if  the 
agreement  of  association  or  act  of  incorporation  so  requires. 
Notice  of  such  meeting,  stating  the  action  proposed  to  be 
taken  thereat,  shall  be  mailed  to  everj^  stockholder  of  each 
constituent  corporation  at  least  thirty  days  prior  to  such 
meeting.  Such  articles  of  consolidation  shall  be  signed  and 
sworn  to  by  the  president,  treasurer  and  a  majority  of  the 
board  of  directors  of  each  constituent  corporation,  who  shall 
make  affidavit  stating  that  they  have  been  authorized  to 
execute  and  file  said  articles  by  vote  of  the  stockholders  in 
accordance  with  the  foregoing  requirements.  The  articles 
of  consolidation  shall  be  submitted  to  the  commissioner 
within  thirty  days  of  the  last  of  said  stockholders'  meetings. 
The  commissioner  shall  examine  them  as  in  the  case  of 
articles  of  organization,  and  if  he  finds  that  they  conform 
to  law  shall  so  certify  and  endorse  his  approval  thereon. 
Thereupon  the  articles  of  consolidation  shall  be  filed  in  the 
office  of  the  state  secretary. 

Filing  fee.  'pj^g  filing  fee  to  be  paid  to  the  state  secretary  for  any  in- 

crease of  capital  stock,  based  upon  the  increase  of  the  au- 
thorized capital  stock  of  the  consolidated  corporation  above 
the  total  aggregate  capital  stock  theretofore  authorized  for 
the  constituent  corporations,  shall  be  determined  in  the 
manner  provided  by  section  fifty-four,  except  that  the  fee 
shall  in  no  event  be  less  than  fifty  dollars. 

S?iif*?!if**'?.°.,       No  amendment  or  alteration  shall  take  effect  until  the 

eiiective,  when.  •it-  ii  i  i  i^i     t 

articles  oi  consolidation  have  been  filed  as  aforesaid,  and, 
upon  such  filing,  the  articles  of  organization,  charter,  or 
special  act  incorporating  any  constituent  corporation  sur- 
viving the  consolidation  shall  be  deemed  amended  to  the 
extent  necessary  to  make  them  or  it  conform  to  the  articles 
of  consolidation, 
befiiedin"  The  Consolidated  corporation  shall  within  twenty  days 

d^^s^wheL  ^^  ^^^  filing  of  the  articles  of  consolidation  with  the  state 
secretary  file  a  certified  copy  thereof  in  the  registry  of  deeds 
in  every  district  in  which  real  propertj^  of  any  constituent 
corporation  is  situated. 

The  term  "constituent"  as  used  in  sections  forty-six  B 
to  forty-six  D,  inclusive,  shall  include  "merged". 
vl^ttn^  ^^  <Sec/2on  4(^C.     Upon  the  filing  of  the  articles  of  consolida- 

consoiidated  tlou  with  the  statc  Secretary,  all  of  the  estate,  property, 
corporation.  nghts,  privileges,  powers  and  franchises  of  the  constituent 
corporations  and  all  of  their  propert}'',  real,  personal  and 
mixed,  and  all  the  debts  due  on  whatever  account  to  any 
of  them,  as  well  as  all  stock  subscriptions  and  other  choses 
in  action  belonging  to  anj^  of  them,  shall  be  transferred  to 
and  vested  in  the  consolidated  corporation,  without  further 
act  or  deed,  and  all  claims,  demands,  property  and  other 
interest  shall  be  the  property  of  the  consolidated  corpora- 
tion, and  the  title  to  all  real  estate,  vested  in  any  of  the 
constituent  corporations,  shall  not  revert  or  be  in  any  way 
impaired  by  reason  of  the  consolidation,  but  shall  be  vested 
in  the  consolidated  corporation. 


Acts,  1941.— Chap.  514.  609 

The  rights  of  creditors  of  any  constituent  corporation  Liabiuties  of 
shall  not  in  any  manner  be  impaired,  nor  shall  any  liability  cC^poratlons. 
or  obligation,  including  taxes  due  or  to  become  due,  or  any 
claim  or  demand  in  any  cause  existing  against  such  corpora- 
tion, or  any  stockholder  or  officer  thereof,  be  released  or 
impaired,  by  any  such  consolidation,  but  such  consolidated 
corporation  shall  be  deemed  to  have  assumed,  and  shall  be 
liable  for,  all  liabilities  and  obligations  of  each  of  the  con- 
stituent corporations  in  the  same  manner  and  to  the  same 
extent  as  if  such  consolidated  corporation  had  itself  incurred 
such  liabihties  or  obHgations.  The  stockholders  and  officers 
of  the  constituent  corporations  shall  continue  subject  to  all 
the  liabilities,  claims  and  demands  existing  against  them  as 
such  at  or  before  the  consolidation  and  no  action  or  pro- 
ceeding then  pending  before  any  court  or  tribunal  in  which 
any  constituent  corporation  is  a  party,  or  in  which  any  such 
stockholder  or  officer  is  a  party,  shall  abate  or  be  discon- 
tinued by  reason  of  such  consolidation,  but  may  be  prose- 
cuted to  final  judgment  as  though  no  consoHdation  had 
taken  place,  or  such  consolidated  corporation  may  be  sub- 
stituted as  a  party  in  place  of  any  constituent  corporation 
by  the  court  in  which  such  action  or  proceeding  is  pend- 
ing. 

Section  46D.    A  corporation  may  be  consolidated  or  merged  ^tp"®^fjf*'"'"' 
with  a  business  corporation  organized  under  the  laws  of  foreign  cor- 
any  other  state,  if  the  laws  of  such  other  state  permit,  to  p°''**'°"- 
form  one  corporation,  which  may  be  a  new  corporation  or  etc"'^^  ^^^' 
one  of  the  constituent  corporations,  by  the  filing  of  arti- 
cles of  amendment,  approved  as  hereinafter  provided,  which 
shall  be  entitled  "Amendment  —  Articles  of  consolidation 
of  and  into  ,  pursu- 

ant to  section  forty-six  D  of  chapter  one  hundred  and  fifty- 
six  of  the  General  Laws",  the  blank  spaces,  other  than  the 
last  blank  space,  being  filled  with  the  names  of  the  con- 
stituent corporations  and  the  states  in  which  they  are  in- 
corporated, and  the  last  blank  space  being  filled  in  with 
the  name  of  the  consolidated  corporation.  Said  articles  shall 
set  forth : 

(a)  If  the  consolidated  corporation  is  to  be  a  domestic 
corporation: 

1.  The  name  of  each  corporation  included  in  the  consoli- 
dation and,  in  the  case  of  a  corporation  incorporated  under 
the  laws  of  another  state,  the  name  of  such  state,  the  date 
of  incorporation,  and,  if  it  is  authorized  to  transact  business 
in  this  commonwealth,  the  date  on  which  it  qualified  in 
accordance  with  chapter  one  hundred  and  eighty-one. 

2.  Such  further  information  as  is  required  to  be  or  may 
be  set  forth  in  accordance  with  section  forty-six  B. 

(6)  If  the  consolidated  corporation  is  to  be  incorporated 
under  the  laws  of  another  state: 

1.  The  information  required  under  clause  (a)  hereof. 

2.  The  consolidated  corporation  shall  agree  that  it  may  Prior  obu- 
be  sued  in  this  commonwealth  for  any  prior  obligation  of  foMtituent 

corporations. 


610 


.Acts,  1941.  — Chap.  514. 


Coininissioner 
to  be  ap- 
pointed agent 
for  service 
of  process. 


Approval  by 
two  thirds  or 
larger  vote. 


Filing  fee. 


Effect  on 

constituent 

corporation. 


Articles  to 
be  filed  in 
registries  of 
deeds,  when. 


any  constituent  domestic  corporation,  any  prior  obligation 
of  any  constituent  foreign  corporation  qualified  under  chapter 
one  hundred  and  eighty-one,  and  any  obligation  thereafter 
incurred  by  the  consolidated  corporation,  including  the  obli- 
gation created  by  section  forty-five  A,  so  long  as  any  lia- 
bility remains  outstanding  against  the  corporation  in  this 
commonwealth,  and  it  shall  irrevocably  appoint  the  commis- 
sioner as  its  agent  to  accept  service  of  process  in  any  action 
for  the  enforcement  of  any  such  obhgation,  including  taxes, 
in  the  same  manner  as  provided  in  said  chapter  one  hun- 
dred and  eighty-one. 

The  articles  of  consolidation  shall  be  approved  by  each 
constituent  corporation  by  the  affirmative  vote,  at  a  meet- 
ing called  for  the  purpose,  of  two  thirds  of  each  class  of 
stock  outstanding  and  entitled  to  vote,  or  by  a  larger  vote 
if  the  agreement  of  association  or  act  of  incorporation  so 
requires.  Notice  of  such  meeting  shall  be  given  as  provided 
in  section  forty-six  B  and  in  compliance  with  the  laws  of 
the  state  under  which  such  constituent  corporation  was  or- 
ganized. The  articles  of  consolidation  shall  be  signed  and 
sworn  to  by  the  president,  treasurer  and  a  majority  of  the 
board  of  directors  of  each  constituent  corporation,  who  shall 
make  affidavit  stating  that  they  have  been  authorized  to 
execute  and  file  such  articles  by  vote  of  the  stockholders  in 
accordance  with  the  foregoing  requirements.  The  articles 
of  consolidation  shall  be  submitted  to  the  commissioner 
within  thirty  days  of  the  last  of  said  stockholders'  meetings. 
The  commissioner  shall  examine  them  as  in  the  case  of  arti- 
cles of  organization  and,  if  he  finds  that  they  conform  to 
law,  he  shall  so  certify  and  endorse  his  approval  thereon. 
Thereupon  the  articles  of  consolidation  shall  be  filed  in  the 
office  of  the  state  secretary  and  the  consolidation  shall  be- 
come effective. 

If  the  consolidated  corporation  is  to  be  a  domestic  cor- 
poration the  filing  fee  to  be  paid  to  the  state  secretary  for 
any  increase  of  capital  stock,  based  upon  the  increase  of  the 
authorized  capital  stock  of  the  consolidated  corporation  over 
the  total  aggregate  capital  previously  authorized  for  the 
constituent  domestic  corporations,  shall  be  determined  in 
the  manner  provided  by  section  fifty-four,  except  that  the 
fee  shall  not  be  less  than  fifty  dollars,  and  except  that  if 
the  consolidated  corporation  is  to  be  a  foreign  corporation 
the  filing  fee  shall  be  one  hundred  dollars. 

When  any  consolidation  becomes  effective  the  articles  of 
organization,  charter,  or  special  act  incorporating  any  con- 
stituent domestic  corporation  surviving  the  consolidation 
shall  be  deemed  amended  to  the  extent  necessary  to  make 
the  same  conform  to  the  articles  of  consolidation. 

The  consolidated  corporation  shall,  within  twenty  days 
of  the  filing  of  the  articles  of  consolidation  with  the  state 
secretary,  file  a  certified  copy  thereof  in  the  registry  of  deeds 
in  every  district  in  which  real  property  of  any  constituent 
corporation  is  situated. 


Acts,  1941.  — Chap.  515.  611 

Section  forty-six  C  shall  apply  to  corporations  consoli- 
dated pursuant  to  this  section. 

The  directors  who  sign  articles  of  consolidation  as  pro-  Liabuity  of 
vided  in  sections  forty-six  B  to  forty-six  D,  inclusive,  and  dil^ectort!"^ 
the  officers  and  directors  who  sign  any  amendment  thereof, 
shall  be  jointly  and  severally  liable  to  any  stockholder  of 
the  consolidated  corporation  for  actual  damages  caused  by 
any  statement  therein  which  is  false  and  which  they  know, 
or  on  reasonable  examination  could  have  known,  to  be  false. 

Section  46E.     A  stockholder  in  any  corporation  which  l^^^^l^^ 
shall  have  duly  voted  to  consolidate  with  another  corpora-  holders  du- 
tion  in  accordance  with  section  forty-six  B  or  forty- six  D,  coMoiXtion. 
who,  at  the  meeting  of  stockholders,  has  voted  against  such  Determina- 
consolidation,  if  entitled  to  vote,  or,  if  not  entitled  to  vote,  t'o°  "^  ^ai^e. 
has  registered  his  disapproval  in  writing  with  the  corpora- 
tion at  or  before  said  meeting,  may,  within  thirty  days  after 
the  date  on  which  the  articles  of  consohdation  were  filed, 
make  a  written  demand  upon  the  consolidated  corporation 
for  payment  for  his  stock.     If  such  corporation  and  the 
stockholder  cannot  agree  upon  the  value  of  the  stock  at  the 
date  of  the  consolidation,  such  value  shall  be  ascertained 
and  the  stock  paid  for  by  and  transferred  to  the  consolidated 
corporation  in  the  manner  provided  in  section  forty-six. 

Approved  July  24,  1941. 


An  Act  relative  to  contributions  by  the  county  of  Chap.515 

BARNSTABLE  TO  THE  COST  OF  CONSTRUCTING  SEA  WALLS 
OR  OTHER  WORKS  TO  BE  BUILT  BY  THE  DEPARTMENT  OF 
PUBLIC    W^ORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  hundred  and  seventy-five  of 
the  acts  of  nineteen  hundred  and  thirty-three,  as  most 
recently  amended  by  chapter  thirty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  is  hereby  further  amended 
by  striking  out,  in  the  fifth  line,  the  word  ''forty"  and  in- 
serting in  place  thereof  the  word :  —  forty-four,  —  so  as  to 
read  as  follows :  —  Section  1 .  The  county  of  Barnstable 
is  hereby  authorized  to  contribute  to  the  cost  of  constructing 
sea  walls  or  other  works  to  be  built  by  the  department  of 
public  works  during  the  years  nineteen  hundred  and  thirty- 
three  to  nineteen  hundred  and  forty-four,  inclusive,  under 
the  provisions  of  section  eleven  of  chapter  ninety-one  of  the 
General  Laws  for  the  protection  of  the  shores  of  the  towns 
in  said  count}^  from  erosion  by  the  sea,  and  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  pay  the  county's  proportion  of  such  cost  from  the 
highway  appropriation  or,  for  the  purpose  of  so  contribut- 
ing, may  borrow  from  time  to  time  on  the  credit  of  the 
county  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  sixtj^-eight  thousand  dollars,  and  may  issue 
bonds  or  notes  of  the  county  therefor,  which  shall  bear  on 


612  Acts,  1941.— Chaps.  516,  517. 

their  face  the  words,  Barnstable  County  Shore  Protection 
Loan,  Act  of  1933.  Each  authorized  issue  shall  constitute 
a  separate  loan,  and  such  loans  shall  be  payable  in  not  more 
than  five  j^ears  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  such  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.  Indebted- 
ness incurred  under  this  act  shall,  except  as  herein  provided, 
be  subject  to  chapter  thirty-five  of  the  General  Laws. 

Approved  July  24,  1941. 

Chap.blQ  An  Act  authorizing  the  town  of  Chatham  to  borrow 

MONEY  FOR  MEETING  ITS  SHARE  OF  THE  COST  OF  DREDGING 
THE  PRESENT  CHANNEL  OR  A  NEW  CHANNEL  INTO  CHATHAM 
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  the  present  channel  or  a 
new  channel  into  Chatham  harbor  in  the  town  of  Chatham, 
with  a  view  to  improving  said  harbor  for  navigation,  all  of 
such  work  to  be  done  by  the  state  department  of  public 
works  under  and  subject  to  section  twenty-nine  of  chapter 
ninety-one  of  the  General  Laws,  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,  thirteen  thousand  dollars,  and 
may  issue  notes  therefor,  which  notes  shall  bear  on  their 
face  the  words,  Chatham  Harbor  Dredging  Loan,  Act  of 
194  L  Each  authorized  issue  shall  constitute  a  separate 
loan,  and  such  loans  shall  be  paid  in  not  more  than  five 
years  from  their  dates;  provided,  that  no  money  shall  be 
borrowed  and  no  notes  shall  be  issued  hereunder  unless  the 
sum  of  at  least  two  thousand  dollars  towards  payment  of 
the  expenses  aforesaid  is  voted  for  the  same  purpose  from 
available  funds  or  voted  to  be  raised  by  the  tax  levy  of  the 
year  when  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  July  24,  1941. 

ChaV.517  ^^  ^^^  PROVIDING  FOR  A  RECLASSIFICATION  OF  THE  OFFICES 
AND  POSITIONS  IN  THE  DIVISION  OF  UNEMPLOYMENT  COM- 
PENSATION OF  THE  DEPARTMENT  OF  LABOR  AND  INDUSTRIES. 

Emergency  Whcveas,  The  deferred  operation  of  this  act  would  tend 

preamble.  ^^  defeat  its  purposc,  which  is  to  provide  without  delay  for 

the  prompt  and  efficient  administration  of  the  laws  relating 


Acts,  1941.  — Chap.  517.  613 

to  unemployment  compensation  by  reclassification  of  cer- 
tain offices  and  positions  in  the  division  of  unemployment 
compensation,  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.  The  director  of  personnel  and  standardiza- 
tion shall  reclassify  in  accordance  with  chapter  thirty  of 
the  General  Laws  all  offices  and  positions  in  the  division 
of  unemployment  compensation  in  the  department  of  labor 
and  industries,  established  under  chapter  twenty-three  of 
the  General  Laws,  except  deputies  and  assistants  referred 
to  in  subsection  (a)  of  section  nine  I  of  said  chapter  twenty- 
three,  and  under  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws. 

Section  2.  Upon  the  completion  of  said  reclassification 
the  director  of  the  division  of  unemployment  compensation, 
with  the  approval  of  the  director  of  civil  service,  shall 
prepare  a  list  of  employees  who,  upon  the  effective  date  of 
this  act,  are  in  the  classified  service  as  defined  by  the  civil 
service  laws  and  regulations  and  are  performing  duties  in 
offices  and  positions  affected  by  the  reclassification,  and 
who  have  satisfied  the  director  of  the  division  of  unemploy- 
ment compensation  by  actual  performance  of  such  duties 
that  they  are  capable,  efficient  and  qualified  to  perform  the 
duties  of  the  offices  and  positions  newly  reclassified. 

Such  list  shall  contain  the  name  of  each  such  employee, 
and  a  statement  as  to  the  employee's  qualifications  to  per- 
form the  duties  of  the  offices  and  positions  as  reclassified; 
the  length  of  time  during  which  the  employee  has  per- 
formed said  duties  as  reclassified ;  and  the  quality  of  service 
rendered  to  the  division  of  unemployment  compensation. 

(a)  The  director  of  the  division  of  unemployment  com- 
pensation shall  thereupon  transmit  such  list  to  the  director 
of  civil  service  together  with  a  request  that  the  employees 
now  performing  duties  in  offices  and  positions  as  reclassified 
shall  be  given  the  titles  of  the  offices  or  positions  as  re- 
classified. 

(6)  The  director  of  civil  service  on  receipt  of  the  list 
transmitted  under  paragraph  (a)  shall  forthwith  proceed  to 
give  a  qualifying  examination  to  each  employee  on  the  list 
to  determine  his  qualifications  to  perform  the  duties  of  the 
office  or  position  he  holds  and  which  has  been  reclassified. 

(c)  If  said  employee  qualifies  under  the  foregoing  exami- 
nation, the  director  of  civil  service  shall  thereupon  certify 
that  the  employee  is  qualified  to  perform  the  duties  of  the 
office  or  position  as  reclassified.  If  said  employee  fails  to 
qualify  under  such  examination,  said  director  shall  trans- 
mit to  the  director  of  the  division  of  unemployment  com- 
pensation notice  of  the  results  of  said  examination.  Upon 
notification  by  the  director  of  civil  service  that  an  employee 
is  certified  to  perform  the  duties  of  the  reclassified  office  or 


614 


Acts,  1941.  — Chap.  518. 


position,  the  director  of  the  division  of  unemployment  com- 
pensation shall  transfer  or  promote  such  employee  to  the 
office  or  position  as  reclassified. 

(d)  After  any  reclassified  office  or  position  has  been  filled 
in  the  manner  herein  provided,  any  vacancy  occurring 
thereafter  in  such  office  or  position  shall  be  filled  in  accord- 
ance with  chapter  thirty-one  of  the  General  Laws  and  all 
rules  and  regulations  of  the  division  of  civil  service  as  may 
then  prevail. 

(e)  Nothing  in  this  section  shall  cause  to  any  permanent 
employee  of  the  division  of  unemployment  compensation 
the  loss  of  any  remuneration  or  any  legal  rights  acquired 
under  chapters  thirty-one  and  thirty-two  of  the  General 
Laws.  Approved  July  24,  1941. 


Chap. 518  -^N  Act  relative  to  the  marking,   construction  and 

INSTALLATION    OF   HOT   WATER    TANKS. 


G.  L.  (Ter. 
Ed.).  142, 
§  17,  etc., 
amended. 


Marking  of 
range  boilers. 


G.  L.  (Ter. 

Ed.),  142, 

5  18,  amended. 


Repair,  etc., 
of  hot  water 
tanka  regu- 
lated. 


Be  it  enacted,  etc.,  as  follows: 

Section  L  Chapter  one  hundred  and  forty-two  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
seventeen,  as  amended  by  chapter  two  hundred  and  thirty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-six,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  1 7. 
No  range  boiler,  tank,  vessel  or  container,  ferrous  or  non- 
ferrous,  in  which  water  is  to  be  heated  or  stored  under  pres- 
sure for  domestic,  culinary  or  sanitary  purposes,  in  this 
section  and  in  sections  eighteen  and  nineteen  referred  to  as 
hot  water  tanks,  shall  be  sold  or  offered  for  sale  unless  it  is 
plainly  marked,  by  stamping  into  the  metal  of  the  tank,  or 
on  a  metal  plate  permanently  attached  to  the  tank,  in  a 
conspicuous  place,  as  follows :  — 

A.  Manufacturer's  name  or  registered  trade  mark. 

B.  Rated  capacity  of  hot  water  tank  in  United  States 
gallons. 

C.  Hydrostatic  pressure  in  pounds  per  square  inch  at 
which  the  tank  has  been  tested  by  the  manufacturer,  follow- 
ing the  words:  "Tested  to  ." 

D.  Maximum  allowable  working  pressure  in  pounds  per 
square  inch. 

Section  2.  Said  chapter  one  hundred  and  forty-two  is 
hereby  further  amended  by  striking  out  section  eighteen, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section:  —  Section  18.  No  hot 
water  tank  shall  be  repaired,  relocated  or  installed  and  con- 
nected, unless  it  meets  the  following  construction  require- 
ments :  — 

A.  The  actual  capacity  of  a  hot  water  tank  shall  be 
within  seven  and  one  half  per  cent  of  the  capacity  stamped 
on  the  tank. 

B.  A  hot  water  tank  shall  be  so  constructed  by  riveting, 
welding,  or  otherwise,  as  to  withstand  the  stamped  test 
pressure  without  visible  permanent  distortion,  and  be  so 


Acts,  1941.  — Chap.  518.  615 

designed  as  to  have  an  ultimate  strength  sufficient  to  with- 
stand a  hydrostatic  pressure  twenty-five  per  cent  higher 
than  the  stamped  test  pressure. 

C.  Solder  which  melts  at  a  temperature  below  seven 
hundred  degrees  Fahrenheit  shall  not  be  used  to  hold  the 
tank  together,  but  may  be  used  to  make  it_^water  tight, 
cistern  tanks  excepted. 

D.  A  hot  water  tank  in  which  water  is  to  be  heated  or 
stored  under  pressure  greater  than  fifteen  pounds  per  square 
inch  shall  have  a  stamped  test  pressure  of  not  less  than  two 
hundred  pounds  per  square  inch. 

E.  The  maximum  working  pressure  at  which  a  hot  water 
tank  may  be  installed  shall  not  be  greater  than  forty-two 
and  one  half  per  cent  of  the  test  pressure  marked  on^the 
tank. 

Section  3.     Said  chapter  one  hundred  and  forty-two  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  nineteen,  as  §  19,'  amended. 
so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  19.    No  hot  water  tank  shall  be  installed  Safety  de- 
and  connected  unless  it  is  protected  with  safety  devices  as  watlrtani^. 
follows :  — 

A.  A  hot  water  tank  in  which  water  is  to  be  heated  or 
stored  under  pressure  greater  than  fifteen  pounds  per  square 
inch  shall  be  equipped  with  a  suitable  pressure  relief  valve 
installed  in  a  tapping  in  the  tank  or  in  the  cold  water  supply 
line,  or  the  hot  water  outlet  hne,  with  no  shut-ofT  valve 
between  the  relief  valve  and  the  tank.  The  pressure  relief 
valve  shall  be  set  by  the  manufacturer  to  operate  at  a  pres- 
sure not  more  than  twenty  pounds  above  the  maximum 
working  pressure  stamped  on  the  tank,  and  shall  be  so  con- 
structed that  said  setting  cannot  be  exceeded  by  normal 
means  of  adjustment. 

B.  A  hot  water  tank  to  which  a  heating  device  or  appli- 
ance capable  of  delivering  water  to  the  tank  at  a  tempera- 
ture greater  than  two  hundred  and  twelve  degrees  Fahrenheit 
is  connected  shall  be  equipped  with  a  suitable  temperature 
relief  valve  so  adjusted  and  installed  as  to  prevent  de- 
velopment of  or  accumulation  of  water  which  is  at  a  tem- 
perature in  excess  of  two  hundred  and  twelve  degrees  Fah- 
renheit. Said  temperature  relief  valve  shall  be  installed  in 
a  tapping  directly  in  or  on  the  tank  within  twelve  inches  of 
the  top  of  a  vertical  tank,  or  within  six  inches  of  the  top  of 
a  horizontal  tank,  with  no  fittings  between  the  valve  and 
the  tank,  except  that  a  bushing  may  be  used  to  reduce  the 
tapping  to  fit  the  valve,  or  the  valve  shall  be  installed  in 
the  hot  water  outlet  pipe  as  close  to  the  top  of  the  tank  as 
possible.  In  no  case  shall  the  heat  sensitive  member  of  the 
temperature  relief  valve  be  more  than  five  inches  away  from 
the  top  of  the  tank.  The  discharge  outlet  of  the  tempera- 
ture relief  valve  shall  be  connected  by  means  of  a  non- 
ferrous  pipe  or  tubing  not  less  than  three  eighth  inch  inside 
diameter,  with  no  shut-off,  to  an  open  plumbing  fixture,  or 
to  within  twelve  inches  of  the  basement  floor. 


616  Acts,  1941.  — Chap.  519. 

A  thermostatically  controlled  hot  water  tank  may  be  pro- 
tected by  an  automatic  fuel  shut-off  device  in  addition  to 
the  thermostat.  Such  shut-off  device  shall  be  installed  in 
the  same  location  and  perform  the  same  function  as  said 
temperature  relief  valve. 

C.  All  parts  of  temperature  and  pressure  relief  valves 
which  are  in  contact  with  water  shall  be  made  of  non-fer- 
rous metals  or  materials  having  suitable  corrosion  resisting 
properties.  All  pipe  and  fittings  between  relief  valves  and 
the  hot  water  tank  shall  be  of  non-ferrous  metals. 

D.  Relief  valves  shall  be  marked  by  the  manufacturer, 
by  stamping  or  casting  in  the  metal  of  the  valve,  or  on  a 
metal  tag  permanently  attached  to  the  valve,  as  follows :  — 

1.  Manufacturer's  name  or  registered  trade  mark. 

2.  The  type  or  style,  or  the  type  and  style,  of  the  valve. 

3.  The  pressure  setting  of  the  valve  in  pounds  per  square 
inch. 

4.  The  temperature  setting  in  degrees  Fahrenheit. 

5.  Temperature  relieving  capacity  in  B.  T.  U.  per  hour. 

E.  Temperature  and  pressure  relief  valves  and  other  de- 
vices referred  to  in  this  section  shall  be  subject  to  the 
approval  of  the  inspectors  of  plumbing  or  other  proper 
authorities. 

F.  All  pipes  and  fittings  in  the  circulating  system  be- 
tween a  hot  water  tank  and  the  heating  device  or  appliance 
shall  be  non-ferrous,  and  of  ample  size  so  as  to  make  it 
possible  to  heat  seventy-five  per  cent  of  the  available  water 
in  the  tank  without  raising  the  temperature  of  any  part  of 
the  water  above  two  hundred  and  twelve  degrees  Fahrenheit. 

G^L.  (Ter.  Section  4.     Said  chapter  one  hundred  and  forty-two  is 

new'secUon  hereby  further  amended  by  inserting  at  the  end  the  follow- 
22,  inserted.  -^^g  ^^^  section :  —  Sectiou  22.  Whoever  violates  any  pro- 
Penaity.  yision  of  sectiou  Seventeen,  eighteen  or  nineteen  shall  be 

punished  by  a  fine  of  not  more  than  fifty  dollars.  Inspectors 
of  plumbing  or  other  proper  authorities  shall  cause  the  pro- 
visions of  said  sections  to  be  enforced. 

Approved  July  24,  1941. 


Chap.dlQ  An   Act  giving  the  department  of  public   works  in 

CONNECTION  WITH  STATE  HIGHWAYS  AND  OTHER  PUBLIC 
WAYS  UNDER  ITS  JURISDICTION  THE  POWER  TO  TAKE  A 
SLOPE   EASEMENT,    SO    CALLED,    IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows. • 

G.  L.  (Ter.  Chapter  eighty-one  of  the  General  Laws  is  hereby  amended 

ne't^ 'section       by  inserting  after  section  seven  A,  inserted  by  chapter  three 

7B,  inserted,      hundred  and  forty-four  of  the  acts  of  nineteen  hundred 

Taking  of         and  thirty-scvcn,  the  following  new  section:  —  Section  7B. 

iasemenfs"''^     Whcrcvcr  iu  this  chapter  the  department  is  authorized  to 

take  land  by  eminent  domain  under  chapter  seventy-nine, 

in  connection  with  the  laying  out,  widening  or  relocating  of 

a  public  way,  the  department  shall  be  authorized  to  take, 


Acts,  1941.  — Chaps.  520,  521.  617 

or  institute  proceedings  for  the  taking  of,  an  easement  in 
land  adjoining  the  location  of  the  public  way  consisting  of 
the  right  to  have  the  land  of  the  location  protected  by  hav- 
ing the  surface  of  the  adjoining  land  slope  from  the  bound- 
ary of  the  location.  Approved  July  24,  1941. 


Chap.520 


An  Act  making  certain  provisions  of  law  relative  to 
the  approval  and  publication  of  by-laws  inappli- 
cable to  cities,  and  validating  certain  ordinances 
heretofore  adopted  by  cities. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-two  of  chapter  forty  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  one  of  |^3'2^'gt°' 
chapter  one  hundred  and  eighty-five  of  the  acts  of  nineteen  amended* 
hundred  and  thirty-three,  is  hereby  further  amended  by 
adding  at  the  end  the  following  new  sentence :  —  This  sec- 
tion shall  not  apply  to  cities,  —  so  as  to  read  as  follows :  — 
Section  32.    Before  a  by-law  takes  effect  it  shall  be  approved  PubUcation 
by  the  attorney  general  and  shall  be  published  in  a  town  °    ^  ^^^' 
bulletin  or  pamphlet,  copies  of  which  shall  be  posted  in  at  by  attorney 
least  five  public  places  in  the  town;    and  if  the  town  be  s^"^""*'- 
divided  into  precincts  copies  shall  be  posted  in  one  or  more 
public  places  in  each  precinct  of  the  town;    or,  instead  of 
such  publishing  in  a  town  bulletin  or  pamphlet  and  such 
posting,  shall  be  published  at  least  three  times  in  one  or 
more  newspapers,  if  any,  published  in  the  town,  otherwise 
in  one  or  more  newspapers  published  in  the  county.     The 
requirements  of.  publishing  in  a  town  bulletin  or  pamphlet 
and  posting,  or  publishing  in  one  or  more  newspapers,  as 
above,  may  be  dispensed  with  if  notice  of  the  by-law  be 
given  by  delivering  a  copy  thereof  at  every  occupied  dwell- 
ing or  apartment  in  the  town,  and  affidavits  of  the  persons 
delivering  the  said  copies,  filed  with  the  town  clerk,  shall  be 
conclusive  evidence  of  proper  notice  hereunder.    This  section 
shall  not  apply  to  cities. 

Section  2.  All  ordinances  adopted  by  a  city  under  au- 
thority of  any  provision  of  general  or  special  law,  in  so  far 
as  they  may  be  invalid  by  reason  of  failure  to  comply  with  the 
provisions  of  section  thirty-two  of  chapter  forty  of  the  Gen- 
eral Laws,  as  in  effect  immediately  prior  to  the  effective 
date  of  this  act,  are  hereby  validated  and  confirmed,  and 
shall  have  the  same  force  and  effect  as  though  said  section 
thirty-two  were  not  applicable  to  cities. 

Approved  July  24,  1941- 

An  Act  authorizing  the  dracut  water  supply  district  Chav.^2\ 

to    OBTAIN   additional   SOURCES    OF    WATER    SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  thirty-three  of 
the  acts  of  nineteen  hundred  and  five  is  hereby  amended 


618  Acts,  1941.  — Chap.  521. 

by  striking  out  section  two  and  inserting  in  place  thereof 
the  following  section :  —  Section  2.     Said  district,   for  the 
purposes  aforesaid,  acting  by  and  through  its  board  of  water 
commissioners  hereinafter  provided  for,  may  contract  with 
any  municipality,  acting  through  its  water  department,  or 
with  any  water  company,  or  with  any  water  district,  for 
whatever  water  may  be  required,  authority  to  furnish  the 
same  being  hereby  granted,  and  may  take  by  eminent  do- 
main under  chapter  seventy-nine  or  chapter  eighty  A  of  the 
•     General  Laws,  or  acquire  by  lease,  purchase  or  otherwise, 
and  hold,  the  waters,  or  any  portion  thereof,  of  any  pond, 
spring  or  stream,  or  of  any  ground  water  sources  of  supply 
by  means  of  driven,  artesian  or  other  wells,  within  the  town 
of  Dracut  or  the  town  of  Tyngsboro  not  already  appropri- 
ated for  the  purposes  of  a  public  supply,  and  the  water  and 
flowage  rights  connected  with  any  such  water  sources;   and 
for  said  purposes  may  take  as  aforesaid,  or  acquire  by  pur- 
chase or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
other  easements  necessary  for  collecting,  storing,  holding, 
purifying  and  preserving  the  purity  of  the  water  and  for 
conveying  the  same  to  any  part  of  said  district;   provided, 
that  no  source  of  water  supply  or  lands  necessary  for  pre- 
serving the  quality  of  the  water  shall  be  so  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  de- 
partment of  pubHc  health,  and  that  the  location  and  ar- 
rangement of  all  dams,  reservoirs,  springs,  wells,  pumping, 
purification  and  filtration  plants  and  such  other  works  as  may 
be  necessary  in  carrying  out  this  act  shall  be  subject  to  the 
approval  of  said  department.     Said  district  may  construct 
and  maintain  on  the  lands  acquired  and  held  under  this  act 
proper  dams,  wells,  springs,  reservoirs,  standpipes,  tanks, 
pumping  plants,  buildings,  fixtures  and  other  structures,  in- 
cluding also  the  establishment  and  maintenance  of  filter 
'  beds  and  purification  works  or  systems,  and  may  make  ex- 
cavations, procure  and  operate  machinery  and  provide  such 
other  means  and  appliances,  and  do  such  other  things,  as 
may  be  necessary  for  the  establishment  and  maintenance  of 
complete  and  effective  water  works,  and  for  that  purpose 
may  construct  pipe  fines,  wells  and  reservoirs  and  estabfish 
pumping  works,  and  may  construct,  lay,  acquire  and  main- 
tain aqueducts,  conduits,  pipes  and  other  works  under  or 
over  any  land,  water  courses,  railroads,  railways  and  public 
or  other  ways,  and  along  such  ways,  in  either  of  said  towns, 
in  such  manner  as  not  unnecessarily  to  obstruct  the  same; 
and  for  the  purposes  of  constructing,  laying,  maintaining, 
operating  and  repairing  such  aqueducts,  conduits,  pipes  and 
other  works,  and  for  all  proper  purposes  of  this  act,  said 
district  may  dig  up  or  raise  and  embank  any  such  lands, 
highways  or  other  ways  in  such  manner  as  to  cause  the  least 
hindrance  to  pubUc  travel  on  such  ways;  provided,  that  the 
manner  in  which  all  things  shall  be  done  upon  any  such  way 
shall  be  subject  to  the  direction  of  the  authorities  having 
charge  of  such  way.    Said  district  may  enter  upon  any  lands 


Acts,  1941.  — Chaps.  522,  523.  619 

for  the  purpose  of  making  surveys,  test  wells  or  pits  and 
borings,  and  may  take  or  otherwise  acquire  the  right  to  oc- 
cupy temporarily  any  lands  necessary  for  the  construction 
of  any  work  or  for  any  other  purpose  authorized  by  this  act. 
Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  present  and  voting  thereon,  by 
the  use  of  a  check  list,  at  a  district  meeting  called  within 
four  years  after  its  passage,  but  not  otherwise. 

Approved  July  24,  194.1. 


An  Act  further  regulating  the  number  of  licenses  QJku)  509 
that  may  be  issued  in  cities  and  towns  for  the  sale  ^' 

of  alcoholic  beverages. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  one  hundred  and  thirty-  g.  l.  (Ter. 
eight  of  the  General  Laws,  as  most  recently  amended  by  I'l'r.'et'c.,' 
chapter  two  hundred  and  sixty-three  of  the  acts  of  nineteen  a'"e'«ie<i. 
hundred   and   thirty-nine,   is   hereby   further   amended   by 
striking  out  the  next  to  the  last  paragraph,  as  appearing 
in  section  three  of  chapter  four  hundred  and  twenty-four 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  and  in- 
serting in  place  thereof  the  following :  — 

Notwithstanding  the  provisions  hereof,  no  quota  estab-  Number  of 
lished  hereunder  for  any  city  or  town  shall  be  decreased  "'*'"*®*- 
because  of  a  loss  in  population  of  less  than  one  thousand 
inhabitants,  and  no  licensee  shall  be  refused  a  renewal  of 
his  license  in  any  year  because  of  any  loss  in  population  as 
determined  by  the  national  census  of  the  year  nineteen 
hundred  and  forty.  Approved  July  24,  1941. 


Chap.52S 


An  Act  relative  to  funds  received  by  the  commis- 
sioner OF  PUBLIC  WELFARE  FOR  THE  BENEFIT  OF  PERSONS 
under  THE  CARE  AND  SUPERVISION  OF  THE  DEPARTMENT 
OF   PUBLIC   WELFARE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one   hundred   and   twenty-one   of   the   General  S\^(Jf- 

T  -11  111  -i-i  •  .11       ii'd-).  121, 

Laws  IS  hereby  amended  by  striking  out  section  eight  A,  §  sa,  etc. 
inserted  by  section  two  of  chapter  three  hundred  and  eleven  *"'«°^^'^- 
of  the  acts  of  nineteen  hundred  and  thirty-five,  and   in- 
serting in  place  thereof  the  following  section :  —  Section  8 A .  Commiasioner 
The  commissioner  may  receive  funds  in  trust  for  the  use  of  trust  funds. 
illegitimate   children  or  other  persons  under  the   care  or 
supervision  of  the  department.    The  commissioner  shall  de- 
posit such  funds  in  savings  banks  in  the  commonwealth  or 
savings  departments  of  trust  companies  therein  and,  when 
necessary,  make  expenditures  from  said  funds  for  the  bene- 
fit of  or  on  behalf  of  the  ward.       Approved  July  24,  1941. 


620 


Acts,  1941.  — Chaps.  524,  525,  526. 


Chav.524:  An  Act  relative  to  reimbursement  to  cities  and  towns 

FOR  certain  school  SALARIES. 

Be  it  enacted,  etc.,  as  folloivs: 

Chapter  seventy  of  the  General  Laws  is  hereby  amended 
by  inserting  after  section  one,  as  appearing  in  the  Tercen- 
tenary Edition,  the  following  new  section:  —  Section  lA. 
No  town  shall  be  entitled  to  reimbursement,  as  provided  in 
section  one,  on  account  of  salaries  paid  to  any  teacher  or 
supervisor  unless  the  major  part  of  the  time  of  such  teacher 
or  supervisor  is  devoted  to  teaching  or  supervising,  in  the 
schools  of  such  town,  subjects  required  to  qualify  pupils 
for  graduation.  Approved  July  24,  1941. 


G.  L.  (Ter. 
Ed.),  70, 
new  section 
lA,  inserted. 

Reimburse- 
ment denied, 
when. 


Chap. 525  An  Act  relative  to  annual  renewal  of  engineers'  and 
firemen's  licenses  and  licenses  to  operate  hoisting 
machinery. 


G.  L.  (Ter. 

Ed.),  146, 

§  67,  amended. 


License  in 
force  for  one 
year  unless 
suspended 
or  revoked. 


Expiration  of 
certain  exist- 
ing licenses. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-six  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
sixty-seven,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
67.  A  license  shall  continue  in  force  for  one  year  from  the 
date  of  issue  unless  suspended  or  revoked  for  incompetence 
or  untrustworthiness  of  the  licensee,  except  that  a  special 
license  shall  not  continue  in  force  after  the  holder  thereof 
ceases  to  be  employed  in  the  plant  specified  in  the  license. 
The  inspector  of  the  division  for  the  town  where  a  licensee 
resides  may  issue  a  renewal  license,  upon  payment  of  a  fee 
of  one  dollar.  A  person  whose  license  is  suspended  or  re- 
voked shall  surrender  his  license  to  the  chief  or  an  inspector 
of  the  division.  If  a  new  license  of  a  different  grade  is 
issued,  the  old  license  shall  be  destroyed  by  the  examiner. 

Section  2.  All  licenses  under  section  sixty-four  or  sixty- 
five  of  chapter  one  hundred  and  forty-six  of  the  General 
Laws  in  force  on  November  first,  nineteen  hundred  and 
forty-one,  and  which  on  said  date  will  have  been  in  force 
for  one  year  or  more,  shall  expire  on  said  date,  and  all  other 
such  licenses  in  force  on  said  date  shall  expire  one  year  from 
the  date  of  issue,  unless  sooner  revoked  or  expiring. 

Approved  July  24,  1941. 


Chap. 52Q  An  Act  authorizing  the  city  of  north  adams  to  make 

AND  ENFORCE  ORDINANCES  PROVIDING  FOR  THE  CONTROL 
OR  PREVENTION  OF  SMOKE  AND  CINDERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  city  of  North  Adams,  by  vote  of  its 
city  council,  may  make  ordinances  for  the  control  or  preven- 
tion of  the  emission  of  smoke  or  cinders  of  such  character 


Acts,  1941.  — Chaps.  527,  528.  621 

as  shall  be  adjudged  harmful,  and  for  the  control  or  pre- 
vention of  agencies  causing  such  smoke  or  cinders,  and  for 
the  enforcement  thereof  may  appoint  officers  or  agents  and 
appropriate  money  for  salaries  and  for  expenses;  provided, 
that  no  such  ordinance  shall  impose  greater  restrictions  on 
the  emission  of  smoke  or  cinders  than  are  provided,  in  the 
metropolitan  smoke  abatement  district,  so  called,  by  chap- 
ter six  hundred  and  fifty-one  of  the  acts  of  nineteen  hundred 
and  ten,  as  heretofore  or  hereafter  amended. 

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

Approved  July  25,  1941. 

An  Act  designating  the  square  at  the  intersection  Chav. 527 
OF  beach  road  and  shore  drive  in  the  town  of  win- 

THROP   AS    FRED    DINSFRIEND    SQUARE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  square  at  the  intersection  of  Beach  road 
and  Shore  drive  in  the  town  of  Winthrop  shall  be  known 
and  designated  as  Fred  Dinsfriend  square,  and  a  suitable 
tablet  or  marker  bearing  said  designation  shall  be  erected 
thereat  by  the  metropolitan  district  commission. 

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

Approved  July  25,  1941. 

An  Act  making  appropriations  for  the  maintenance  Chuv. 52S 
OF  certain  counties,  for  interest  and  debt  require- 
ments,    FOR     certain    permanent    IMPROVEMENTS,     AND 
GRANTING  A   COUNTY   TAX   FOR   SAID   COUNTIES. 

Whereas,   The  deferred  operation  of  this  act  would  result  Emergency 
in  unnecessarily  extending  the  period  during  which  county  p''^*™'''^- 
expenditures  would  be  made  in  anticipation  of  appropria- 
tion, therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  counties  hereinafter  specified  for  the  years  nineteen 
hundred  and  forty-one  and  nineteen  hundred  and  forty- 
two.  No  direct  drafts  against  the  account  known  as  the 
reserve  fund  shall  be  made,  but  transfers  from  this  account 
to  other  accounts  may  be  made  to  meet  extraordinary  or 
unforeseen  expenditures  upon  the  request  of  the  county  com- 
missioners and  with  the  approval  of  the  director  of  accounts. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.         Ki        1^2. 

Barnstable  County. 


1 

For  interest  on  county  debt,  a  sum  not 

exceeding           ..... 

$3,415  00 

$2,620  00 

2 

For  reduction  of  county  debt,  a  sum  not 

exceeding           ..... 

43,000  00 

37,000  00 

622  Acts,  1941.  — Chap.  528. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .        $22,725  00        $22,755  00 

4  For  clerical  assistance  in  county  offices,  a 

Bum  not  exceeding      ....  15,630  00  16,000  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .  26,795  00  26.855  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 41,000  00  41,600  00 

7  For  criminal  costs  in  superior  court,  a  sum 

not  exceeding 11.000  00  11,000  00 

8  For  civil   expenses  in   supreme  judicial, 

superior,   probate  and  land  courts,   a 

sum  not  exceeding      ....  7,000  00  7,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1,500  00  1,500  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding       .  .  1,900  00  1,900  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 3,000  00  2,500  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  8,196  69  6,769  52 

15  For  care,  fuel,  lights  and  supplies  in  county 

buildings,  other  than  jails  and  houses  of 

correction,  a  sum  not  exceeding    .  .  20,844  56  20,996  56 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 56,900  00  63,383  33 

>  18     For  law  libraries,  a  sum  not  exceeding  835  00  810  00 

19  For  training  school,  a  sum  not  exceeding  .  250  00  250  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding 16,630  00  17,110  00 

21  For  sanatorium,  a  sum  not  exceeding       .  89,000  00  89,000  00 

22  For  health  service,  a  sum  not  exceeding    .  10,880  00  11,030  00 

23  For  state  fire  patrol,  a  sum  not  exceeding  1,400  00  1,400  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  11,018  00  11530  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 2,905  00  2,905  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding    .....  500  00  250  00 

28  For  police  training  school,  a  sum  not  ex- 

ceeding       3,150  00  3,000  00 

29  For  police  radio  station,  a  sum  not  ex- 

ceeding      7,200  00  7.500  00 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceeding  5,000  00  5,000  00 

30a  For  forest  fire  apparatus,  a  sum  not  ex- 
ceeding      5,000  00 

30b  For  adjustment  of  unsettled  accounts, 
upon  approval  of  Director  of  Accounts, 
a  sum  not  exceeding  ....  1,207  50  - 

31  For  a  reserve  fund,  a  sum  not  exceeding  .  7,500  00  7,500  00 
And  the  county  commissioners  of  Barn- 
stable county  are  hereby  authorized  to 

levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  balance 


Acts,  1941.  — Chap.  528.  623 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes   .  .      $300,226  64 

And  the  county  commissioners  of  Barn- 
stable county  are  hereby  authorized 
to  levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore  ap- 
propriated. 

Berkshire  County. 

1     For  interest  on  county  debt,  a  sum  not 

exceeding $250  00  $250  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  29,700  00  29,820  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding  ....  13,400  00  13,700  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  45,950  00  46,450  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and,  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 41,500  00  41,800  00 

7  For  criminal  costs  in  superior  courts,  a 

sum  not  exceeding      ....  9,500  00  9,500  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,   probate  and  land  courts,   a 

sum  not  exceeding      ....  10,000  00  10,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,   a  sum  not 

exceeding 1,200  00  1,000  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  5,000  00  5,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 1,500  00  1,500  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  8,000  00  15,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding    .....  19,500  00  18,500  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 107,000  00        107,000  00  - 

17  For  examination  of  dams,  a  sum  not  ex- 

ceeding      1,000  00  500  00 

18  For  law  libraries,  a  sum  not  exceeding     .  3,000  00  3,000  00 

19  For  training  school,  a  sum  not  exceeding  .  1,200  00  1,200  00 


624  Acts,  1941.  — Chap.  528. 


ippropriation 

Fiscal  Year 

1941. 

Appropriation 

Fiscal  Year 

1942. 

S  13,870 
13,000 

00 
00 

$14,140  00 
13,000  00 

10,000 

00 

10,000  00 

2,000 

00 

2,000  00 

7,527 

00 

7,721   00 

2,750 

00 

4,500  00 

500 
1,500 

00 
00 

500  00 
1,500  00 

5,000 
4,000 

00 
00 

6,000  00 
4,000  00 

Item 

20  For  county  aid  to  agriculture,  a  sura  not 

exceeding  ..... 

21  For  sanatorium,  a  sum  not  exceeding     . 
23     For  Mount  Greylock   state  reservation, 

a  sum  not  exceeding  .... 

23a  For  Mount  Everett  state  reservation,   a 

sum  not  exceeding      .... 

25  For   contributory   retirement    system,    a 

sum  not  exceeding      .... 

26  For    miscellaneous    and    contingent    ex- 

penses, a  sum  not  exceeding 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding    ..... 

28  For  W.  P.  A.  projects,  a  sum  not  exceeding 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceeding 

31  P^or  a  reserve  fund,  a  sum  not  exceeding  . 
And  the  county  commissioners  of  Berk- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance  on    hand   and   the   receipts   from 

other  sources,  for  the  above  purposes  .  $291,108  82 
And  the  county  commissioners  of  Berk- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty - 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Bristol  Coimtii. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $4,000  00  $4,000  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 22,000  00  17,700  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  . .  48,500  00  48,500  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  50,500  00  51,000  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .         120,000  00        120,000  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 77,000  00         77,000  00 


Acts,  1941.— Chap.  528.  625 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

7  For  criminal  costs  in  superior  courts,   a 

sum  not  exceeding      ....         $85,000  00        $65,000  00 

8  For   civil   expenses   in   supreme   judicial, 

superior,   probate  and   land   courts,   a 

sum  not  exceeding      ....  41,50000  41,50000 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding  .  .  .  .  1.200  00  1,200  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  17,000  00  17,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 10,000  00  10,000  00 

13  For  building  county   buildings  and   pur- 

chase of  land,  a  sum  not  exceeding       .  1,200  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  20,000  00  20,000  00 

14a  For  repairs  and  furnishings  of  the  jail  and 

house  of  correction,  a  sum  not  exceeding  5,000  00  5,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding      58,000  00  58,000  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 85,800  00  50,600  00 

18  For  law  libraries,  a  sum  not  exceeding     .  9,250  00  9,250  00 

19  For  training  school,  a  sum  not  exceeding  .  4,000  00  4,000  00 

20  For  agricultural  school,   a  sum   not  ex- 

ceeding      111,610  00        112,250  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 10,513  87  10.513  87 

25  For    contributory    retirement    system,    a 

sum  not  exceeding      ....  21,053  00  21,614  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 6,500  00  6,500  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 4,000  00  1,500  00 

30b  Adjustment  of  unsettled  accounts  upon 
approval  of  Director  of  Accounts,  a 
sum  not  exceeding      ....  8.575  6.5  - 

31     For  a  reserve  fund,  a  sum  not  exceeding   .  4,500  00  4,500  00 

And  the  county  commissioners  of  Bristol 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .  $647,430  63 
And  the  county  commissioners  of  Bristol 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen  hundred  and   forty-two,    (2)    the 


626 


Acts,  1941.  — Chap.  528. 


Item 


amount  of  the  estinaated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


Dukes  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $655  95  $627  45 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 17,007  65  12,600  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  6,475  00  6,600  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  2,000  00  2,000  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sura  not  exceeding         .  .  6,500  00  6,500  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 2,500  00  2,500  00 

7  For  criminal  costs  in  superior  court,  a  sum 

not  exceeding 6,000  00  2,000  00 

8  For  civil  expenses  in   supreme  judicial, 

superior,   probate   and   land  courts,   a 

sum  not  exceeding      ....  1,000  00  1,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 500  00  450  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  400  00  400  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding    .  .  .  .  100  00   ,  100  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  1,700  00  1,200  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding      3,700  00  3,700  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 10,670  33  8,500  00 

18     For  law  libraries,  a  sum  not  exceeding     .  500  00  300  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  .....  1,800  00  1,800  00 

21  For  sanatorium,  a  sum  not  exceeding      .  7,300  00  7,300  00 
23     For  Gay  Head  reservation,   a  sum   not 

exceeding 5,000  00  1,900  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  1,00000  1,00000 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sura  not 

exceeding 800  00  800  00 

27  For  unpaid  bills  of  previous  years,  a  sura 

not  exceeding 1,250  00  1,000  00 

29  For  Indian  burial  groimd,  a  sum  not  e.x- 

ceeding 500  00  500  00 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceeding  1,000  00  1,000  00 


Acts,  1941.  — Chap.  528.  627 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

30a  For  county  forest,  a  sum  not  exceeding   .  $100  00  $100  00 

31     For  a  reserve  fund,  a  sum  not  exceeding  .  500  00  1,000  00 

And  the  county  commissioners  of  Dukes 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 

other  sources,  for  the  above  purposes    .        $66,214  41  - 

And  the  county  commissioners  of  Dukes 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Essex  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $1,000  00  $2,000  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 42,000  00  46,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding   .  .  65,300  00  66,000  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding     ....        121,300  00        127,620  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding         .  .        212,900  00        213,500  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 85,500  00  86,580  GO 

7  For  criminal  costs  in  superior  courts,  a 

sum  not  exceeding      ....  67,000  00  67,000  00 

8  For  civil  expenses  in  supreme  judicial, 

superior,   probate   and  land  courts,   a 

sum  not  exceeding      ....  80,000  00  80,000  00 

9  For  trial  justices,  a  sum  not  exceeding     .  5,000  00  5,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1,800  00  1,800  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding    .  .  16,000  00  16,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 20,000  00  20,000  00 

14  For  repairing,  furnishing  and  improving 
county  buildings,  a  sum  not '  exceed- 
ing   25.900  00         27,600  00 


628  Acts,  1941.  —  Chap.  528. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding      $82,550  00        $84,000  00 

15a  For  W.  P.  A.  project  for  the  consolidation 
of  plans  in  the  South  Registry  of  Deeds, 
a  sum  not  exceeding  ....  2,000  00  - 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 265,000  00        272,300  00 

18  For  law  libraries,  a  sum  not  exceeding  12,000  00  12,000  00 

19  For  training  school,  a  sum  not  exceeding  .  46,300  00  47,000  00 

20  For  agricultural  school,   a  sum   not  ex- 

ceeding      184,081  00        186,788  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 4,875  00  4,875  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  42,165  00  43,966  00 

26  For    miscellaneous    and    contingent    ex- 

penses including  insurance,  a  sum  not 

exceeding 20,850  00  13,000  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 3,500  00  3,500  00 

28  For  funds  in  closed  banks,  a  sum  not  ex- 

ceeding      27,821  33 

31     For  a  reserve  fund,  a  sum  not  exceeding  .  10,000  00  10,000  00 

And  the  county  commissioners  of  Essex 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes    .  $1,104,591    15  - 

And  the  county  commissioners  of  Essex 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certi6ed  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of  said 
county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Franklin  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $8,100  00  $7,937  50 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 25,000  00  26,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  18,820  00  18,820  00 


Acts,  1941.  — Chap.  528.  629 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  $7,620  00  $7,800  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding         .  .  16,500  00  16,500  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding  ......  21,500  00  22,000  00 

7  For  criminal  costs  in  superior  courts,   a 

sum  not  exceeding      ....  10,000  00  10.000  00 

8  For  civil  expenses  in   supreme  judicial, 

superior,   probate  and   land   courts,   a 

sum  not  exceeding      ....  8,000  00  8,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,   a  sum  not 

exceeding 400  00  400  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding    .  .  1,800  00  1,800  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding    ..... 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  . 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 
exceeding  ..... 

17  For  examination  of  dams,  a  sura  not  ex- 

ceeding    ...... 

18  For  law  libraries,  a  sum  not  exceeding 

19  For  training  school,  a  sum  not  exceeding  . 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  ..... 

21  For  sanatorium   (Hampshire  County),  a 

sum  not  exceeding      .... 

22  For  Greenfield  health  camp  (chapter  354, 

Acts  of  1928),  a  sum  not  exceeding 

23  For  Mount  Sugar  Loaf  state  reservation, 

a  sum  not  exceeding  .... 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 963  72  870  00 

25  For   contributory   retirement    system,    a 

sum  not  exceeding      ....  1,913  29  4,739  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 1,350  00  1,350  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 500  00  500  00 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  ex- 
ceeding      2,000  00  2,000  00 

31  For  a  reserve  fund,   a  sum  not  exceed- 

ing    3,000  00  3.000  00 

And  the  county  commissioners  of  Frank- 
lin county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided 
by  law  the  following  sum  to  be  ex- 
pended together  with  the  cash  balance 
on  hand  and  the  receipts  from  other 
Bources,  for  the  above  purposes   .  ,      $160,676  47  - 


1.000  00 

1,000  00 

1.500  00 

1,500  00 

13,000  00 

13,000  00 

32,250  38 

39,500  00 

500  00 

500  00 

2,800  00 

2,800  00 

200  00 

200  00 

13.625  00 

13,715  00 

5,529  29 

5,700  00 

2,000  00 

2,000  00 

1.750  00 

1,750  00 

630 


Acts,  1941.— Chap.  528. 


Item 


And  the  county  commissioners  of  Frank- 
lin county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


11 


12 


14 


15 


16 


17 


18 


Hampden  County. 

For  interest  on  county  debt,  a  sum  not 

exceeding $24,500  00        $20,500  00 

For  reduction  of  county  debt,  a  sum  not 

exceeding 121,000  00        121,000  00 

For  salaries  of  county  officers  and  assist- 
ants, a  sum  not  exceeding  .  .  ,  48,000  00  48,000  00 

For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  51,000  00  53,000  00 

For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .  .        125,000  00        125,000  00 

For  salaries  of  jailers,  masters  and  assist- 
ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 82,000  00  82,000  00 

For  criminal   costs  in  superior  court,   a 

sum  not  exceeding     ....  28,000  00  28,000  00 

For  civil  expenses  in  supreme  judicial, 
superior,  probate  and  land  courts,  a 
sum  not  exceeding      ....  50,000  00  50,000  00 

For  trial  justices,  a  sum  not  exceeding     .  2,000  00  2,000  00 

For  transportation  and  expenses  of  county 
and  acting  commissioners,  a  sum  not 
exceeding 1,000  00  1,000  00 

For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding    .  .  13,000  00  13,000  00 

For  auditors,  masters  and  referees,  a  sum 

not  exceeding 19,000  00  19,000  00 

For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  12,000  00  12,000  00 

For  care,  fuel,  lights  and  supplies  in. 
county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

For  highways,  including  state  highways, 
bridges  and  land  damages,  a  sum  not 
exceeding  ..... 

For  examination  of  dams,  a  sum  not  ex- 
ceeding      3,000  00  3,000  00 

For  law  libraries,  a  sum  not  exceeding     .  10,000  00  10.000  00 


59,000  00  60,000  00 


151,699  61        146,423  00 


Acts,  1941.— Chap.  528.  631 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

19  For  training  school,  a  sum  not  exceeding  .        $28,000  00        $28,000  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding 38,160  00  37,960  00 

22  For  preventorium,  a  sum  not  exceeding  .  3,000  00  3,000  00 

23  For  Mount  Tom  state  reservation,  a  sum 

not  exceeding    ......  12,553  86  13,000  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 9,700  00  9,700  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  17,316  00  18.401  00 

26  For    miscellaneous    and    contingent    ex- 

penses including  insurance,  a  sum  not 

exceeding 5,680  36  5,500  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 1,000  00  1,000  00 

28  For  funds  in  closed  banks,  a  sum  not  ex- 

ceeding      3,601  92 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceeding  2,000  00  2,000  00 

31  For  a  reserve  fund,  a  sum  not  exceeding  .  7,500  00  7,500  00 
And  the  county  commissioners  of  Hamp- 
den county  are  hereby  authorized  to 

levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 

other  sources,  for  the  above  purposes  .      $802,347  69  - 

.\nd  the  county  commissioners  of  Hamp- 
den county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3^  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Hampshire  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $250  00  $750  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding  .....  -  5,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  22,000  00  22,000  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  11,50000  11,50000 

5  For    salaries    and    expenses    of    district 

courts  (salaries  to  include  only  present 

regular  positions),  a  sum  not  exceeding  28,250  00  27,300  00 


632  Acts,  1941.  — Chap.  528. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
.and  houses  of  correction,  a  sum  not 
exceeding $29,500  00        $.S0,000  00 

7  For  criminal  costs  in  superior  court,  a  sum 

not  exceeding 12,000  00  12,000  00 

8  For  civil  expenses  in   supreme  judicial, 

superior,   probate   and  land   courts,   a 

sum  not  exceeding      .  .  .  .  13,500  00  13,500  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding  .  .  .  600  00  600  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  3,200  00  3,200  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 2,500  00  2,500  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  6,000  00  6,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding      15,500  00  15,500  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 88,500  00  72.000  00 

17  For  examination  of  dams,  a  sum  not  ex- 

ceeding       500  00  800  00 

18  For  law  libraries,  a  sum  not  exceeding    .  2,000  00  2,000  00 
20     For  county  aid  to  agriculture,  a  sum  not 

exceeding 16,500  00  16,500  00 

20     For  sanatorium,  a  sum  not  exceeding  28,000  00  30,000  00 

22  For  preventorium,  a  sum  not  exceeding  .  2,500  00  2,500  00 

23  For   state   reservations,    a   sum   not,  ex- 

ceeding      2,500  00  2,500  00 

24  For    non-contributory    pensions,    a    sum 

not  exceeding 2,615  00  2,615  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  8,500  00  8,600  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 4,500  00  4,500  00 

27  For  unpaid  bills  of  previous  j'ears,  a  sum 

not  exceeding 454  50  500  00 

30     For  advertising  the  recreational  advan- 
tages of  the  county,  a  sum  not  exceeding  2,000  00  2,000  00 
;l      For  a  reserve  fund,  a  sum  not  exceeding  .            4,000  00  4,500  00 

And  the  county  commissioners  of  Hamp- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes    .      $243,625  44 

And  the  county  commissioners  of  Hamp- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 


Acts,  1941.  — Chap.  528. 


633 


Item 


Appropriation      Appropriation 

Fiscal  Year  Fiscal  Year 

1941.  1942. 


11 


12 


14 


15 


16 


18 
19 
20 

23 

24 

25 

26 


forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Middlesex  County. 

For  interest  on  county  debt,  a  sum  not 
exceeding  ..... 

For  reduction  on  county  debt,  a  sum  not 
exceeding  ..... 

For  salaries  of  county  officers  and  assist- 
ants, a  sum  not  exceeding  . 

For  clerical  assistance  in  county  offices,  a 
sum  not  exceeding      .... 

For  salaries  and  expenses  of  district 
courts,  a  sum  not  exceeding 

For  salaries  of  jailers,  masters  and  assist- 
ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding  ..... 

For  criminal  costs  in  superior  courts,  a 
sum  not  exceeding 

For  civil  expenses  in  supreme  judicial 
superior,  probate  and  land  courts,  £ 
sum  not  exceeding      ... 

For  trial  justices,  a  sum  not  exceeding 

For  transportation  and  expenses  of  county 
and  acting  commissioners,  a  sum  not  ex 
ceeding     ..... 

For  medical  examiners  and  commitments 
of  insane,  a  sum  not  exceeding 

For  auditors,  masters  and  referees,  a  sum 
not  exceeding    .... 

For  repairing,  furnishing  and  improving 
county  buildings,  a  sum  not  exceeding 

For  care,  fuel,  lights  and  supplies  in 
county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

For  highways,  including  state  highways, 
bridges  and  land  damages,  a  sum  not 
exceeding  .  .  .  .  '        . 

For  law  libraries,  a  sum  not  exceeding 

For  training  school,  a  sum  not  exceeding  . 

For  county  aid  to  agriculture,  a  sum  not 
exceeding  ..... 

For    Walden    Pond    state   reservation,    a 
sum  not  exceeding      .... 
For    non-contributory    pensions,    a    sum 
not  exceeding    ..... 
For    contributory    retirement    system,    a 
sum  not  exceeding      .... 
For    miscellaneous    and    contingent    ex- 
penses, including  insurance,  a  sum  not 
exceeding  .  .  .  .  . 


$11,500  00  $16,500  00 

224,500  00  75,000  00 

83,500  00  84.200  00 

262,300  00  268,500  00 

392,000  00  396.000  00 

254,500  00  244,600  00 

185,000  00  190,000  00 


155,000  00        155,000  00 
1.000  00  1.000  00 


1.000  00  1,000  00 

35,000  00  35.000  00 

32,000  00  32,000  00 

53,000  00  50,000  00 

130,000  00  130,000  00 


384,000  00 
13.000  00 
77.000  00 

44.000  00 

15,000  00 

29,000  00 

83,000  00 

8,750  00 


375,000  00 
12,000  00 
77.000  00 

44.000  00 

15,000  00 

32,000  00 

73,000  00 

8,000  00 


634  Acts,  1941.  — Chap.  528. 

Appropriation      Appropriation 
Fiscal  Year  Fiacal  Year 

Item  1941.  1942. 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding $4,000  00  $3,000  00 

28  For  funds  in  closed   banks,   a  sum   not 

exceeding 29,886  69 

31     For  a  reserve  fund,  a  sum  not  exceeding  .  12,000  00  15,000  00 

And  the  county  commissioners  of  Middle- 
sex county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  follownng  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .  $2,049,491  61  - 

And  the  county  commissioners  of  Middle- 
sex county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury  ' 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
_  amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Norfolk  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $2,500  00  $6,000  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 76,544  12  76,544  12 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  37,000  00  37,000  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  78,500  00  80.000  00 

5  For  salaries  and  expenses  of  district  and 

municipal  courts,  a  sum  not  exceeding  .         145,000  00        145,000  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 54,000  00  54,500  00 

7  For  criminal  costs  in  superior  courts,   a 

sum  not  exceeding      ....  58,000  00  60,000  00 

8  For  civil   expenses  in   supreme  judicial, 

superior,    probate   and   land    courts,    a 

sum  not  exceeding      ....  38,000  00  40.000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1,000  00  1,000  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding    .  .  14,000  00  14,500  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 12,000  00  12.000  00 


Acts,  1941.  — Chap.  528.  635 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sura  not  exceeding  .        $17,000  00        $14,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding      81,900  00  90,200  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 58,500  00  58,000  00 

18  For  law  libraries,  a  sum  not  exceeding     .  2,000  00  2,000  00 

19  For  training  school,  a  sum  not  exceeding  .  4,000  00  4,500  00 

20  For  agricultural  school,   a  sum  not  ex- 

ceeding      102,487  50        103,487  50 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 6,700  00  6,700  00 

25  For    contributory    retirement    system,    a 

sum  not  exceeding      .....  17,300  00  19,300  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 9,103  90  9,000  GO 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 7,000  00  4,000  GO 

28  For  funds  in  closed  banks,  a  sum  not  ex- 

ceeding      1,227  02 

31     For  a  reserve  fund,  a  sum  not  exceeding  .  10,000  00  10,000  00 

And  the  county  commissioners  of  Nor- 
folk county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .      $599,637  02  - 

And  the  county  commissioners  of  Nor- 
folk county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Plymouth  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $7,000  00  $6,650  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding  .....  38,000  00  43,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  30,000  00         30,100  00 


636  Acts,  1941.  — Chap.  528. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding  ....        $29,000  00        $29,500  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding         .  .  71,500  00  71,500  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 91,500  00  91,500  00 

7  For  criminal  costs  in  superior  courts,   a 

sum  not  exceeding      ....  38,000  00  38,000  00 

8  For   civil   expenses   in    supreme   judicial, 

superior,   probate   and  land  courts,   a 

sum  not  exceeding      ....  33,000  00  26,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1,200  00  1,200  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding   .  .  6,500  00  6,500  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 7,000  00  7,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  11,000  00  9,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding       28,000  00  29.000  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 126,800  00        146,800  00 

16a  For    shore    protection    in    the    town    of 

Marslifield,  a  sum  not  exceeding  .  .  10,000  00  - 

16b  For  shore  protection  in  the  town  of  Dux- 
bury,  a  sum  not  exceeding  ...  -  7,500  00 

17  For  examination  of  dams,  a  sum  not  ex- 

ceeding       750  00  750  00 

18  For  law  libraries,  a  sum  not  exceeding     .  3,500  00  3,500  00 

19  For  training  school,  a  sum  pot  exceeding  .  3,000  00  3,000  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding 24,000  00  23.000  00 

24  For    non-contributory    pensions,    a    sum 

not  exceeding 4,354  00  4,743  00 

25  For   contributory    retirement    system,    a 

sum  not  exceeding      ....  12,500  00  13.000  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 4,800  00  4,800  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 2,.500  00  2,000  00 

28  For  funds  in  closed  banks,  a  sum  not  ex- 

ceeding       2,150  00 

31     For  a  reserve  fund,  a  sum  not  exceeding  .  7,500  00  7.500  00 

And  the  county  commissioners  of  Plym- 
outh county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on   hand  and   the  receipts  from 

other  sources,  for  the  above  purposes  .      $488,103  36  - 

And  the  county  commissioners  of  Plym- 
outh county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 


Acts,  1941.  — Chap.  528.  637 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942, 

two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Worcester  County. 

1     For  interest  on  county  debt,  a  sum  not 

exceeding $1,000  00  $1,500  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  60,900  00  61,550  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding  ....  84,000  00  85.000  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .         181,090  00        181,930  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 110,500  00        108,500  00 

7  For   criminal   costs  in   superior   court,    a 

8um  not  exceeding      ....  70,000  00  70,000  00 

8  For  civil  expenses  in   supreme   judicial, 

superior,   probate  and   land   courts,   a 

sum  not  exceeding      ....  75,000  00  75,000  00 

9  For  trial  justices,  a  sum  not  exceeding     .  1,000  00  1,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,   a  sum  not 

exceediiig 2,000  00  2,000  00 

1 1  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding    .  .  21,000  00  21,000  00 

12  For  auditors,  naasters  and  referees,  a  sum 

not  exceeding 23,000  00  23,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  33,500  00  32,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding      78,000  00  78,500  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 308,536  25        328,886  00 

18  For  law  libraries,  a  sum  not  exceeding     .  13,500  00  13,700  00 

19  For  training  school,  a  sum  not  exceeding  .  31,000  00  31,000  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding 42,000  00  42,700  00 

22  For  preventorium,  a  sum  not  exceeding    .  3,000  00  3,000  00 

23  For  Mount  Wachusett  State  reservation, 

a  sum  not  exceeding  .  .  .  22,000  00  21,000  00 

23a  For  Purgatory  Chasm  State  reservation, 

a  sum  not  exceeding  ....  6,000  00  6,000  00 


638  Acts,  1941.  —  Chap.  528. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

24  For  non-contributory  pensions,  a  sum  not 

exceeding $15,000  00        $15,000  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  39,000  00  39,000  00 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 7,000  00  7,000  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 10,810  70  5,000  00 

28  For  funds  in  closed  banks,  a  sum  not  ex- 

ceeding      3,530  45 

31     For  a  reserve  fund,  a  sum  not  exceeding  .  10,000  00  10,000  00 

And  the  county  commissioners  of  Worces- 
ter county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  .      $960,844  97 

And  the  county  commissioners  of  Worces- 
ter county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
two,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-two,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinl^efore 
appropriated. 

Section  2,  No  person,  except  as  hereinafter  provided, 
shall  be  reimbursed  by  any  county,  out  of  funds  appropri- 
ated by  this  act,  for  any  expense  incurred  for  a  mid-day 
meal  while  traveling  within  the  commonwealth,  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  in- 
curred for  an  evening  meal  while  so  traveling  which  is  in 
excess  of  one  dollar;  provided,  that  officers  or  employees 
who  have  charge  of  juries  or  who  have  the  care  and  custody 
of  prisoners,  insane  persons  or  other  persons  placed  in  their 
charge  by  a  court  or  under  legal  proceedings  for  transfer  to 
or  from  court  to  an  institution  or  from  institution  to  insti- 
tution and  persons  certified  by  a  district  attorney  as  en- 
gaged in  investigation  shall  be  reimbursed  for  the  expense  of 
mid-day  meals  when  necessarily  engaged  on  such  duty;  and 


Acts,  1941.  —  Chap.  529.  639 

provided,  further,  that  officers  and  employees  in  attend- 
ance at  meetings  and  conferences  called  by  or  for  any  group 
or  class  on  a  state-wide  basis  shall  be  so  reimbursed. 

Nothing  herein  contained  shall  apply  to  county  em- 
ployees who  receive  as  part  of  their  compensation  a  non-cash 
allowance  in  the  form  of  full  or  complete  boarding  and  hous- 
ing, nor  be  construed  as  preventing  the  payment  of  allow- 
ances for  meals  not  exceeding  one  dollar  and  seventy-five 
cents  in  any  one  day,  for  officers  or  employees  stationed 
beyond  commuting  distance  from  their  homes  for  a  period 
of  more  than  twenty-four  hours. 

Section  3.  The  allowance  to  county  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  or  by  any  member  of  their  immediate  fami- 
lies and  used  in  the  performance  of  their  official  duties  shall 
not  exceed  four  and  one  half  cents  per  mile  except  in  cases 
where  a  higher  allowance  is  specifically  provided  by  statute; 
provided,  that  in  the  case  of  insane  commitments  the  jus- 
tice of  the  court  ordering  the  commitment  may  order  a 
higher  rate.  Approved  July  25,  191^1. 


An  Act  relative  to  the  borrowing  of  money  by  the  Chcip.52Q 

CITY    OF   FALL   RIVER    FOR    SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  making  alterations  and 
improvements  in  the  Henry  Lord,  Jr.  High  School,  the  city 
of  Fall  River  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  hun- 
dred and  fifty  thousand  dollars,  and  may  issue  bonds  or 
notes  therefor  which  shall  bear  on  their  face  the  words,  Fall 
River  Building  Repair  Loan,  Act  of  1941.  Each  author- 
ized 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  herein  provided,  be  sub- 
ject to  chapter  forty-four  of  the  General  Laws,  inclusive  of 
the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

Section  2.  Loans  under  authority  of  this  act  shall  not 
be  subject  to  the  provisions  of  chapter  forty-four  of  the 
acts  of  nineteen  hundred  and  thirty-one. 

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

Approved  July  25,  194-i- 


640  Acts,  1941.  — Chaps.  530,  531. 


Chap.5S0  An  Act  providing  for  the  funding  of  overlay  depicits 

BY    THE    CITY    OF   BROCKTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Brockton,  for  the  purposes  of 
meeting  deficits  in  the  overlay  resulting  from  abatements 
granted  to  the  Brockton  Edison  Company  and  the  trustees 
of  the  Old  Colony  Railroad  Company  for  the  years  nine- 
teen hundred  and  thirty-seven,  nineteen  hundred  and  thirty- 
eight,  nineteen  hundred  and  thirty-nine  and  nineteen  hun- 
dred and  forty,  may  borrow  the  sum  of  ninety  thousand 
dollars  in  the  year  nineteen  hundred  and  forty-one,  and  issue 
bonds  or  notes  of  the  city  therefor,  which  shall  bear  on  their 
face  the  words,  Brockton  Deficiency  Loan,  Act  of  1941. 
Such  loan  shall  be  paid  in  not  more  than  five  years  from 
its  date.  Indebtedness  incurred  under  this  act  shall  be  in- 
side the  statutory  limit  of  indebtedness,  and  shall,  except 
as  herein  provided,  be  subject  to  the  provisions  of  chapter 
forty-four  of  the  General  Laws,  exclusive  of  the  limitation 
contained  in  the  first  paragraph  of  section  seven  thereof. 

Section  2.  No  additional  loan  shall  be  made  by  the  city 
of  Brockton  under  chapter  fortj^-four  of  the  General  Laws 
during  the  current  year  without  the  approval  of  the  board 
established  under  section  one  of  chapter  forty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-three. 

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

Approved  July  25,  1941- 

Chap. 531  An  Act  providing  for  the  appointment  of  a  representa- 
tive OF  organized  labor  to  be  a  member  of  the  state 
board  for  vocational  education. 

Be  it  enacted,  etc.,  as  follows: 

G-jL.  (Ter.  Chapter  fifteen  of  the  General  Laws  is  hereby  amended 

§  6A.  etc.,         by  striking  out  section  six  A,  as  amended  by  section  thirteen 
amended.  q£  chapter  four  hundred  and  forty-six  of  the  acts  of  nineteen 

hundred  and  thirtj^-eight,  and  inserting  in  place  thereof  the 
for**vocaUotai  following  scctiou :  —  Scction  6 A.  The  commissioner  and  the 
education.  advisory  board  of  education,  and  one  person  to  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  coun- 
cil, which  appointee  shall  be  a  person  w^ho,  on  account  of 
his  vocation,  emploj^ment,  occupation  or  affiliation,  can  be 
classed  as  a  representative  of  organized  labor,  are  hereby 
constituted  and  designated  as  the  state  board  for  vocational 
education  to  co-operate  with  the  office  of  education,  De- 
partment of  the  Interior,  in  the  administration  of  the  act 
of  congress,  approved  June  second,  nineteen  hundred  and 
twenty,  entitled  "An  Act  to  provide  for  the  promotion  of 
vocational  rehabilitation  of  persons  disabled  in  industry  and 
otherwise  and  their  return  to  civil  employment",  and  acts 
in  amendment  thereof  and  in  addition  thereto,  if  any,  and 


Acts,  1941.  — Chaps.  532,  533.  641 

to  secure  for  the  commonwealth  the  benefits  thereof.  For 
the  purpose  of  carrying  out  the  provisions  of  section  twenty- 
two  A  of  chapter  seventy-four  the  said  state  board  for  vo- 
cational education  shall  be  furnished  with  suitable  quarters 
in  the  state  house  and  may  expend  for  salaries  and  other 
necessary  expenses  such  amount  as  shall  be  appropriated 
therefor  by  the  general  court,  together  with  any  funds  re- 
ceived by  the  state  treasurer  from  the  federal  government 
under  the  provisions  of  said  act  or  acts. 

Approved  July  25,  1941. 


An   Act    further  regulating  the   reimbursement    of  Chap. 532 

CITIES    and    towns    ON    ACCOUNT    OF    CERTAIN    EXPENDI- 
TURES   FOR   TRANSPORTATION    OF   SCHOOL   CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Section  eleven  of  chapter  seventy  of  the'  General  Laws,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended.*  ^^' 
by  striking  out  the  paragraph  numbered  (3)  and  inserting 
in  place  thereof  the  following  paragraph :  — 

(3)  Expenditures  for  transportation  of  pupils  to  the  local  ^on'^expendi- 
public  and  private  schools.  Approved  July  25,  1941.      *^^- 

An  Act  relative  to  the  rights  of  pedestrians  on  cer-  Chap. 533 

TAIN,  reserved    SPACES    IN    PUBLIC    WAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-four  of  chapter  eighty-two  of  the  General  Sji'iJ^''- 
Laws  is  hereby  amended  by  striking  out  the  last  sentence,  §  34,'  etc., 
added  by  chapter  three  hundred  and  nine  of  the  acts  of  nine-  ^^n^^^^®*^- 
teen  hundred  and  thirty-five,  and  inserting  in  place  thereof 
the  following:  —  A  pedestrian  who  is  injured  by  a  street 
railway  car  within  or  upon  any  of  the  spaces  so  reserved 
for  street  railways  shall  have  the  rights  of  a  traveler  on  the 
highway,  —  so  as  to  read  as  follows:  —  Section  34-     If  the  Reserved 
city  council  of  a  city,  or  a  town,  accepts  this  section  or  has  pubifcways. 
accepted  the  corresponding  provisions  of  earlier  laws,  the 
board  or  officers  authorized  to  lay  out  highways  or  town 
ways  may  reserve  spaces  between  the  side  lines  thereof  for 
the  use  of  horseback  riders,  for  bicycle  paths  or  for  street 
railways,  except  such  as  may  be  operated  by  steam,  for 
drains,  sewers  and  electric  wires,  for  trees  and  grass,  and  for 
planting.     A  pedestrian  who  is  injured  by  a  street  railway 
car  within  or  upon  any  of  the  spaces  so  reserved  for  street 
railways  shall  have  the  rights  of  a  traveler  on  the  highway. 

Approved  July  25,  1941. 


642  Acts,  1941.  — Chaps.  534,  535. 


Chap.5S4:  An  Act  authorizing  the  trustees  of  the  Massachusetts 

STATE    COLLEGE    TO    EXPERIMENT   IN    THE    CULTIVATION    OF 
BEACH    PLUMS. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  the  Massachusetts  state  college  may  ex- 
pend such  sums,  not  exceeding  five  hundred  dollars  in  any 
year,  as  may  be  appropriated  therefor,  for  experimental  pur- 
poses in  the  cultivation  of  beach  plums. 

Approved  July  25,  1941- 


Chav.5S5  An  Act  granting  all  right  and  claim  and  ceding  juris- 
diction TO  THE  UNITED  STATES  OF  AMERICA  OVER  CER- 
TAIN AREAS   OF   THE    COMMONWEALTH   AT   SOUTH   BOSTON. 

Emergency  Whcrcas,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purposc,  which  is  to  provide  land  for  the  im- 
mediate extension  of  the  navy  dry  dock  property  in  Boston 
harbor  for  the  purposes  of  national  defense,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  enabling  the  United 
States  of  America  to  extend  the  present  limits  of  the  navy- 
dry  dock  property  in  Boston  harbor  at  South  Boston,  the 
commonwealth,  subject  to  the  conditions  hereinafter  im- 
posed, grants  and  cedes  to  the  United  States  of  America 
jurisdiction  over  and  all  right  and  claim  of  the  common- 
wealth to  three  areas  of  land  at  South  Boston,  described  as 
follows :  — 

Area  "A".  Upland  and  navigable  waters.  Beginning  at 
the  intersection  of  the  southeasterly  side  line  of  Harbor 
street  with  the  northeasterly  side  line  of  Summer  street, 
said  intersection  being  the  southwesterly  corner  of  property 
of  the  United  States  of  America  acquired  from  the  common- 
wealth of  Massachusetts  by  deed  dated  April  twenty-third, 
nineteen  hundred  and  eighteen,  thence  north  forty-nine  de- 
grees one  minute  fourteen  and  three  tenths  seconds  west, 
four  hundred  and  seventy-seven  and  four  tenths  feet  in  said 
northeasterly  side  line  of  Summer  street  to  a  point;  thence 
north  thirty-five  degrees  fourteen  minutes  ten  and  seven 
tenths  seconds  east,  fourteen  hundred  and  sixty-eight  and 
nine  tenths  feet,  more  or  less,  to  a  point  in  the  northeasterly 
side  line  of  Northern  avenue;  thence  north  sixty-one  de- 
grees two  minutes  thirty-one  and  six  tenths  seconds  west, 
five  hundred  and  sixteen  and  nine  tenths  feet,  more  or  less, 
in  the  northeasterly  side  line  of  said  Northern  avenue,  to 
the  southeasterly  line  of  the  premises  leased  to  the  Boston 
Fish  Market  Corporation;  thence  north  twenty-eight  de- 
grees fifty-seven  minutes  twenty-eight  and  four  tenths  sec- 


Acts,  1941.  —  Chap.  535.  643 

onds  east,  fourteen  hundred  feet,  more  or  less,  in  the  said 
northeasterly  line  of  the  premises  leased  to  the  Boston  Fish 
Market  Corporation  and  the  extension  thereof  to  a  point  in 
the  harbor  line  established  by  chapter  four  hundred  and 
three  of  the  acts  of  nineteen  hundred  and  thirty-nine ;  thence 
south  sixty-one  degrees  two  minutes  thirty-one  and  six  tenths 
seconds  east,  nine  hundred  and  ninety-four  and  eight  tenths 
feet,  more  or  less,  in  said  harbor  line  to  a  point;  thence 
south  twenty-eight  degrees  fifty-seven  minutes  twenty-eight 
and  four  tenths  seconds  west,  two  hundred  feet  in  the  north- 
westerly end  of  "Area  C",  hereinafter  described,  and  still 
further  twelve  hundred  feet,  more  or  less,  in  the  northwest- 
erly line  of  property  of  the  United  States  of  America  ac- 
quired from  the  commonwealth  by  deed  dated  April  twenty- 
eighth,  nineteen  hundred  and  twenty,  to  a  point;  thence 
south  thirty-five  degrees  fourteen  minutes  ten  and  seven 
tenths  seconds  west,  ten  hundred  and  ninety  feet  in  the 
northwesterly  line  of  property  of  the  United  States  of  Amer- 
ica acquired  by  said  deed  of  April  twenty-eighth,  nineteen 
hundred  and  twenty,  and  further  ninety-nine  and  fifty-nine 
hundredths  feet  by  the  northwesterly  end  of  Dry"  Dock 
avenue,  as  hereinafter  described,  and  still  further  three  hun- 
dred and  seventy-nine  and  eight  tenths  feet  in  the  north- 
westerly line  of  property  of  the  United  States  of  America 
acquired  by  said  deed  dated  April  twenty-third,  nineteen 
hundred  and  eighteen,  to  the  point  of  beginning;  reserving 
therefrom  to  the  commonwealth  the  right  to  construct  a  car 
float  bridge,  to  dredge  approach  thereto,  and  to  operate  a 
railroad  car  ferry  within  a  strip  two  hundred  feet  wide  shown 
by  hatching  on  the  plan  hereinafter  referred  to. 

Area  "C".  All  that  area  of  navigable  water  lying  south- 
east of  said  area  "A"  and  between  the  harbor  line  as  estab- 
lished by  said  chapter  four  hundred  and  three  of  the  acts 
of  nineteen  hundred  and  thirty-nine  and  the  area  acquired 
by  the  United  States  of  America  by  deed  from  the  common- 
wealth dated  April  twenty-eighth,  nineteen  hundred  and 
twenty,  as  shown  on  plan  hereinafter  referred  to. 

Dry  Dock  Avenue.  All  that  part  of  Dry  Dock  avenue 
east  of  Harbor  street  bounded  on  the  north  and  east  by 
property  of  the  United  States  of  America  under  the  juris- 
diction of  the  Navy  Department,  acquired  from  the  com- 
monwealth by  deed  dated  April  twenty-eighth,  nineteen 
hundred  and  twenty;  on  the  south  by  property  of  the 
United  States  of  America,  now  used  as  an  army  supply 
base,  acquired  from  the  commonwealth  by  deed  dated  April 
twenty-third,  nineteen  hundred  and  eighteen,  and  on  the 
northwest  by  said  "Area  A",  as  shown  on  plan  hereinafter 
referred  to. 

The  areas  hereinbefore  described  are  shown  on  a  plan  en- 
titled "U.  S.  Navy  Yard,  Boston,  Mass.  Naval  Dry  Dock, 
South  Boston.  Lands,  Boundaries  and  harbor  lines  in  vicin- 
ity of  Naval  Dry  Dock.  Approved  January  7,  1941.  P.  W. 
Drawing  No.  981A-295."  as  revised  July  1,  1941. 


644  Acts,  1941.— Chap.  536. 

Section  2.  The  jurisdiction  hereby  granted  and  ceded 
shall  not  vest  with  respect  to  said  areas  until  the  United  States 
of  America  shall  have  filed  in  the  office  of  the  state  secre- 
tary, by  an  agent  designated  by  the  secretary  of  the  navy, 
a  copy  of  the  plan  hereinbefore  referred  to,  duly  authenti- 
cated by  signature  of  such  agent,  and  a  certified  copy  of  his 
authority  so  to  act;  and  such  jurisdiction  is  granted  and 
ceded  upon  the  express  condition  that  the  commonwealth 
shall  retain  concurrent  jurisdiction  with  the  United  States 
of  America  in  and  over  said  areas,  in  so  far  that  all  civil 
processes,  and  such  criminal  processes  as  may  issue  under 
the  authority  of  the  commonwealth  against  any  person  or 
persons  charged  with  crimes  committed  without  said  areas, 
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;  pro- 
vided, that  the  title  to,  and  the  exclusive  jurisdiction  over, 
said  areas  shall  revert  to  and  revest  in  the  commonwealth 
whenever  said  areas  shall  cease  to  be  used  for  naval  pur- 
poses. This  grant  is  made  subject  to  any  and  all  rights  and 
interests  heretofore  given  in  permits  and  licenses  to  persons, 
corporations,  to  the  United  States  of  America,  or  to  any 
department  or  agency  thereof,  and  to  the  provisions  of  the 
deed  to  the  United  States  of  America  dated  April  twenty- 
third,  nineteen  hundred  and  eighteen. 

Section  3.  The  United  States  of  America  is  hereby  au- 
thorized to  place  filling  and  erect  structures  in  and  over  the 
navigable  waters  within  the  ceded  areas  subject  to  chapter 
ninety-one  of  the  General  Laws,  and  to  pass  and  repass  in 
common  with  others  over  the  extension  southeasterly  of 
Northern  avenue,  a  distance  of  about  five  hundred  and  five 
feet,  to  the  ceded  "Area  A".  Approved  July  28,  1941- 

C/iap. 536  An  Act  relative  to  reimbursement  for  welfare  re- 
lief FURNISHED  TO  CERTAIN  PERSONS  FORMERLY  INHABIT- 
ANTS OF  THE  TOWNS  OF  DANA,  ENFIELD,  GREENWICH  AND 
PRESCOTT. 

Emergency  Whereas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  make  continuous  the  re- 
imbursement for  welfare  relief  furnished  to  certain  former 
inhabitants  of  the  towns  of  Dana,  Enfield,  Greenwich  and 
Prescott,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fourteen  of  chapter  three  hundred 
and  twenty-one  of  the  acts  of  nineteen  hundred  and  twenty- 
seven,  as  amended,  is  hereby  further  amended  by  adding 
at  the  end  the  following  new  paragraph :  — 


preamble 


Acts,  1941.  — Chap.  537.  645 

Upon  the  annexation  to  other  towns  of  the  territory 
within  the  towns  of  Dana,  Enfield,  Greenwich  and  Prescott 
as  set  forth  in  this  act,  the  commission  or  the  metropoHtan 
district  commission  shall  yearly  in  the  month  of  November 
reimburse  each  of  said  other  towns  for  all  monej^  paid  out 
or  expenses  incurred  under  the  laws  of  the  commonwealth 
for  the  year  preceding  in  the  relief  or  aid  of  persons  whose 
settlement  was  gained  in  whole  or  in  part  whether  by  origi- 
nal acquisition  or  derivation  within  the  territory  annexed 
to  such  other  town  prior  to  the  date  of  such  annexation. 

Section  2.  This  act  shall  take  effect  as  of  May  fifth, 
nineteen  hundred  and  thirty-nine. 

Approved  July  28,  1941. 


Chap.5d7 


An   Act   relative   to   protecting   the   approaches   to 
publicly  owned  airports. 

Whereas,  It  is  hereby  found  and  declared  that  an  airport  Emergency 
hazard  exists  in  the  commonwealth,  endangers  the  lives  and  ^^^^'^^ 
property  of  the  users  of  publicly  owned  airports  and  of  oc- 
cupants of  land  in  their  vicinitj'  and  also,  if  of  an  obstruc- 
tive character,  in  effect  reduces  the  size  of  the  areas  avail- 
able for  the  landing,  taking-off  and  maneuvering  of  aircraft, 
thus  tending  to  destroy  or  impair  the  utility  of  such  air- 
ports and  the  public  investment  therein,  therefore  this  act 
is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  pubHc  safety  and  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-five  of  chapter  ninety  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  three  of  chapter  three  fts'etl' 
hundred  and  ninety-three  of  the  acts  of  nineteen  hundred  amended." 
and  thirty-nine,  is  hereby  amended  by  inserting  after  the 
word  "surface"  in  the  fifth  Une  of  the  paragraph  defining 
"Airport"  the  word:  —  ,  approach,  —  so  that  said  para- 
graph will  read  as  follows :  — 

"Airport",  any  area,  either  land  or  water,  which  is  used  j^'^'p?'"*" 
or  which  is  made  available  for  the  landing  and  take-off  of 
aircraft,  and  which  provides  facilities  for  the  shelter,  sup- 
ply and  repair  of  aircraft,  and  which  meets  the  minimum 
requirements  as  to  size,  design,  surface,  approach,  marking, 
equipment,  and  management  as  may  from  time  to  time  be 
provided  by  the  commission. 

Section  2.    Said  section  thirty-five  of  said  chapter  ninety,  g.  l.  (Ter. 
as  so  appearing,  is  hereby  further  amended  by  inserting  after  ftl!'fu?thlr^^' 
the  paragraph  defining  "Airport"  the  following  new  para-  amended. 
graph : — 

"Airport  hazard",  any  structure  or  tree  which  obstructs  J^^^fJT,* 
the  aerial  approaches  of  an  airport.  defined. 

Section  3.    Said  section  thirty-five  of  said  chapter  ninety,  g.  l.  (Ter. 
as  so  appearing,  is  hereby  further  amended  by  inserting  ^tti'f^thlr^^' 

amended. 


646 


Acts,  1941.  — Chap.  537. 


"Landing 
field"  defined. 


G.  L.  (Ter. 
Ed.).  90,  §  35, 
etc.,  further 
amended. 

"PubUcly 
owned  air- 
port" defined. 

"Structure" 
defined. 


G.  L.  (Ter. 
Ed.),  90, 
new  sections 
40A-40I, 
inserted. 

Cities  and 
towns,  etc., 
may  regulate 
approaches  to 
publicly  owned 
airports. 


after  the  word  "surface"  in  the  fifth  line  of  the  paragraph 
defining  "Landing  field"  the  word:  —  ,  approach,  —  so  that 
said  paragraph  will  read  as  follows :  — 

"Landing  field",  any  area,  either  of  land  or  water,  which 
is  used  or  which  is  made  available  for  the  landing  and  take- 
off of  aircraft,  which  may  or  which  may  not  provide  faciU- 
ties  for  the  shelter,  supply  and  repair  of  aircraft,  and  which 
meets  the  minimum  requirements  as  to  size,  design,  surface, 
approach,  marking,  equipment  and  management  as  may 
from  time  to  time  be  provided  by  the  commission. 

Section  4.  Said  section  thirty-five  of  said  chapter  ninety, 
as  so  appearing,  is  hereby  further  amended  by  adding  at 
the  end  the  following  two  new  paragraphs :  — 

"Publicly  owned  airport",  any  airport  owned  or  operated 
under  section  fifty-one,  whether  or  not  owned  or  operated 
under  similar  provisions  of  earlier  laws. 

"Structure",  anj'-  object  constructed  or  installed  by  man, 
including  such  objects  although  regulated  or  licensed  by 
other  provisions  of  law. 

Section  5.  Said  chapter  ninety  is  hereby  further  amended 
by  inserting  after  section  forty,  as  so  appearing,  the  fol- 
lowing nine  new  sections :  —  Section  40 A .  Any  city,  except 
Boston,  and  any  town,  may  by  ordinance  or  by-law  adopt, 
and  may  administer  and  enforce,  in  the  manner  and  upon 
the  conditions  hereinafter  prescribed,  approach  regulations 
relative  to  approaches  to  publicly  owned  airports,  applicable 
to  areas  within  such  city  or  town,  in  this  section  and 
sections  forty  B  to  forty  I,  inclusive,  called  airport  approach 
regulations.  Such  regulations  may  divide  any  such  area 
into  sections  and  may  within  each  section  regulate  and 
restrict  the  height  to  which  structures  and  trees  may  there- 
after be  erected  or  allowed  to  grow.  Any  such  regulations 
may  from  time  to  time  be  amended  or  repealed.  Such  regu- 
lations and  amendments  thereto  shall  be  effective  when 
approved  by  the  commission  and  the  attorney  general  and 
recorded  as  hereinafter  provided.  Such  regulations  or  any 
amendments  thereto  shall  as  soon  as  may  be  after  adoption 
and  approval  be  recorded  in  the  registry  of  deeds  of  each 
county  and  district  in  which  any  portion  of  the  land  to  which 
such  regulations  apply  is  located,  and  notice  that  such  regu- 
lations or  amendments  have  been  adopted  shall  be  sent  by 
registered  mail  to  the  owner  of  every  parcel  of  land  to  any 
portion  of  which  such  regulations  or  amendments  are  ap- 
plicable. For  the  purposes  of  this  provision  the  person  to 
whom  the  land  was  assessed  in  the  last  preceding  annual 
tax  levy  shall  be  deemed  to  be  the  owner  thereof,  and  the 
notice  shall  be  addressed  in  the  same  manner  as  the  notice 
of  such  tax,  unless  a  different  owner  or  a  different  address 
is  known  to  be  the  correct  one.  Such  notice  shall  also  be 
given  by  publishing,  in  a  newspaper  of  general  circulation, 
if  any,  in  each  city  and  town  in  which  any  portion  of  the 
land  subject  to  the  regulations  is  located,  a  map  of  the  area 
subject  to  the  regulations,  with  sufficient  explanatory  mat- 


Acts,  1941.  — Chap.  537.  647 

ter  to  give  the  public  and  the  owners  of  land  reasonable 
notice  of  the  adoption  of  the  regulations  or  amendments, 
or  by  posting  such  map  and  explanatory  matter  in  one  or 
more  public  places  in  each  such  city  and  town. 

Section  J^OB.  All  airport  approach  regulations  adopted  ^e^felsonrwe'* 
under  this  chapter  shall  be  reasonable,  and  no  such  regula- 
tion shall  require  the  removal  or  lowering,  or  other  change 
or  alteration,  or  prohibit  the  repair  or  replacement,  of  any 
structure  or  tree  not  conforming  to  the  regulations  when 
adopted  or  amended,  or  otherwise  interfere  with  the  con- 
tinuance of  any  such  non-conforming  structure  or  tree, 
except  as  pro\dded  in  section  forty  G. 

Section  IfiC.  In  a  city  airport  approach  regulations  PubUc  hearing 
may  be  adopted,  amended  or  repealed  only  by  action  of  the  ^o^n,'^etc'^,°of 
city  council,  and  in  a  town  only  by  vote  of  the  town,  at  a  regulations, 
meeting  called  for  the  purpose,  and  in  either  case  only  after 
a  public  hearing  held  by  the  city  council  of  the  city  or  the 
selectmen  of  the  town,  at  which  hearing  all  persons  who 
might  be  affected  in  their  property  by  the  regulations,  all 
inhabitants  of  the  city  or  town,  all  persons  liable  to  taxation 
therein  and  all  inhabitants  of  adjoining  cities  and  towns 
shall  have  an  opportunity  to  be  heard.  At  least  fifteen 
days'  notice  of  the  time  and  place  of  the  hearing  shall  be 
published  in  a  newspaper  of  general  circulation,  if  any,  in 
the  city  or  town.  Airport  approach  regulations  may  be 
adopted  by  a  city  or  town  although  the  airport  the  ap- 
proaches to  which  they  are  designed  to  protect  is  located 
in  another  city  or  town. 

Section  40D.     (1)  A  city  or  town  may  by  ordinance  or  Prohibition 
by-law  prohibit  the  erection  of  new  structures  or  the  re-  ofnew^stmc- 
placement  or  substantial  alteration  of  existing  structures  t'^es,  etc. 
within    the    area    to    which    airport    approach    regulations 
adopted  under  section  forty  A  apply,   without  a   permit 
from  the  administrative  agency  authorized  to  administer 
such  regulations;    but  such  a  permit  shall  be  issued  as  of 
right  if  the  structure  as  erected  or  altered  is  in  conformance 
with  such  regulations  or  will  not  constitute  a  greater  hazard 
than  the  structure  which  is  replaced  or  altered.     No  such 
permit  shall  be  granted,  except  as  provided  in  subsection 
(2)  of  this  section,  which  would  allow  the  structure  or  tree 
in  question  to  be  erected  or  allowed  to  grow  to  a  greater 
height,  or  to  become  a  greater  hazard  to  air  navigation, 
than  when  the  applicable  regulation  was  adopted. 

(2)  Any  person  desiring  to  erect  or  increase  the  height  variances  from 
of  any  structure,  or  to  permit  the  growth  of  any  tree,  in  a  a!fowed°when. 
manner  not  conforming  to  airport  approach  regulations 
adopted  under  section  forty  A,  or  to  establish  the  right  so 
to  do,  may  apply  to  the  administrative  agency  authorized 
to  administer  such  regulations  or,  if  there  is  no  such  agency, 
to  the  city  council  of  the  city  or  to  the  selectmen  of  the  town, 
for  a  variance  from  the  regulations  applicable  to  his  prop- 
erty. Such  variances  shall  be  allowed  where  a  literal  appli- 
cation or  enforcement  of  such  regulations  would  result  in 


648 


Acts,  1941.  — Chap.  537. 


Obstruction 
markers 
and  lights. 


City  or  town 
may  delegate 
duty  of  ad- 
ministering, 
etc. 


Removal  of 
structures 
erected  in 
violation  of 
regulations. 

Procedure, 
etc. 


practical  difficulty  or  unnecessary  hardship  and  the  relief 
granted  would  not  be  contrary  to  the  public  interest. 

(3)  In  granting  any  permit  or  variance  under  this  section 
to  which  the  applicant  is  not  entitled  as  of  right,  the  ad- 
ministrative agency,  city  council  or  selectmen,  as  the  case 
may  be,  maj'',  if  it  deems  such  action  advisable  to  effectuate 
the  purposes  of  sections  forty  A  to  forty  I,  inclusive,  and 
reasonable  in  the  circumstances,  so  condition  such  permit 
or  variance  as  to  require  the  owner  of  the  structure  or  tree 
in  question  to  permit  the  city  or  town,  at  its  own  expense, 
to  install,  operate,  and  maintain  suitable  obstruction  markers 
and  obstruction  lights  thereon. 

Section  40E.  Any  city  or  town  adopting  airport  ap- 
proach regulations  under  section  forty  A  may  delegate  the 
duty  of  administering  and  enforcing  such  regulations  to  any 
administrative  agency  under  its  jurisdiction,  or  may  estab- 
lish an  administrative  agency  for  the  purpose.  The  duties 
of  such  administrative  agency  shall  include  that  of  hearing 
and  deciding  all  applications  for  permits  and  variances 
under  section  forty  D. 

Section  J^OF.  If  any  structure  is  erected  in  violation  of 
any  regulation  adopted  under  section  forty  A,  the  adminis- 
trative agency,  city  council  or  selectmen,  as  the  case  may 
be,  having  jurisdiction  may  direct  the  owner  of  said  struc- 
ture, at  his  own  expense,  to  lower,  remove,  reconstruct  or 
equip  such  structure  in  such  manner  as  may  be  necessary 
to  conform  to  such  regulations.  Notice  of  such  order  shall 
be  sent  by  registered  mail  to  the  owner  of  the  land  upon 
which  such  structure  stands,  addressed  in  the  same  manner 
as  the  notice  of  his  last  preceding  annual  tax,  unless  a  dif- 
ferent owner  or  a  different  address  is  known  by  such  agency, 
city  council  or  selectmen,  as  the  case  may  be,  to  be  the  cor- 
rect one,  and  if  such  owner  shall  neglect  or  refuse  to  com- 
ply with  such  order  for  thirty  days  after  the  sending  of  the 
notice  thereof,  such  agency,  city  council  or  selectmen,  as 
.the  case  may  be,  may  proceed  to  cause  such  structure  to 
be  lowered,  removed,  reconstructed  or  equipped  in  accord- 
ance with  its  or  their  order.  Such  agency,  city  council  or 
selectmen,  as  the  case  maj^  be,  shall  certify  the  expense  so 
incurred  with  respect  to  each  parcel  of  land  to  the  assessors 
of  the  city  and  town,  and  the  assessors  shall  assess  such 
expense  upon  the  owners  of  said  parcels  respectively,  such 
expense  shall  be  included  in  their  taxes  and  constitute  a 
lien  upon  the  land,  and  all  provisions  of  law  relating  to  the 
collection  and  the  abatement  of  taxes  and  to  interest  thereon 
shall  be  apphcable  to  such  expense. 

If  any  tree  is  allowed  to  grow  in  violation  of  any  regu- 
lation adopted  under  section  forty  A,  said  administrative 
agency,  city  council  or  selectmen,  as  the  case  may  be,  may 
request  the  owner  of  said  tree  to  cut  down  said  tree  or  so 
much  thereof  as  has  grown  in  ^dolation  of  such  regulation; 
and  if  said  owner  neglects  or  refuses  to  comply  with  such 
request  within  sixty  days  after  the  same  was  given,  such 


Acts,  1941. —  Chap.  537.  649 

agency,  city  council  or  selectmen,  as  the  case  may  be,  may 
enter  upon  his  land,  doing  as  little  damage  as  possible,  and 
cut  off  so  much  of  said  tree  as  has  grown  in  violation  of  such 
regulations.  No  part  of  the  expense  of  such  removal  shall 
be  charged  to  the  owner  of  the  tree. 

Section  40G.     (1)  In  any  case  in  which,  in  the  opinion  of  May  acquire 
the  city  council  of  a  city,  or  the  selectmen  of  a  town,  in  bT eminent 
which  the  real  estate  hereinafter  referred  to  is  located,  or  ^°TJ^lf/° 

_,,  .111  Ccrxu.in  111— 

owmng  the  airport  in  question,  the  public  interest  requires  stances. 
the  establishment  of  protection  to  the  approaches  of  a  pub- 
licly owned  airport  by  the  acquisition  of  certain  real  estate 
or  rights  in  real  estate  in  the  vicinity  of  such  airport  rather 
than  by  airport  approach  regulations,  such  city  or  town  may 
take  by  eminent  domain  under  chapter  seventy-nine  or 
chapter  eighty  A,  or  acquire  by  purchase  or  otherwise,  such 
air  rights,  easements  or  other  estate  or  interest  in  such  real 
estate  as  will  provide  adequate  protection.  A  city  or  town 
which  has  acquired  real  estate  or  rights  therein  as  aforesaid 
may  from  time  to  time  in  like  manner  take  or  otherwise 
acquire  additional  real  estate  or  rights  therein,  or  may  dis- 
continue in  whole  or  in  part  rights  already  so  acquired. 

(2)  Whenever   airport   approach   regulations   have   been  Removal  of 
adopted  or  amended  and  the  public  safety  and  convenience  tlTt^S. 
require  the  removal  or  lowering  of  a  structure  or  tree  not 
conforming  to  such  regulations,  as  adopted  or  amended,  or 
require  other  interference  with  the  continuance  of  any  such 
non-conforming  structure  or  tree,  the  city  or  town  owning 

the  airport  to  which  such  regulations  relate  may  take  by 
eminent  domain  under  chapter  seventy-nine  or  chapter 
eighty  A,  or  acquire  by  purchase  or  otherwise,  the  land  upon 
which  such  structure  or  tree  stands,  or  such  an  air  right, 
easement  or  other  estate  or  interest  therein,  as  may  be 
necessary  to  effectuate  any  purpose  of  sections  forty  A  to 
forty  I,  inclusive. 

(3)  If  the  adoption  of  airport  approach  regulations  under  Compensa- 
section  forty  A  in  itself  constitutes  the  taking  of  the  prop-  takings.  ^^"'^ 
erty,  or  of  rights  in  property,  of  any  person,  he  may  recover 

under  said  chapter  seventy-nine  compensation  for  such  tak- 
ing from  the  city  or  town  in  which  the  airport  to  which 
such  regulations  relate  is  situated,  by  petition  filed  in  the 
superior  court  within  two  years  from  the  time  when  such 
regulations  were  recorded  as  provided  in  said  section  forty 
A.  If  the  owner  of  property  so  taken  has  appUed  for  a  vari- 
ance under  section  forty  D  within  one  year  after  such  regu- 
lations were  so  recorded  and  his  application  is  in  whole  or 
in  part  denied,  he  may  file  his  petition  for  damages  within 
one  year  after  the  mailing  to  him  of  a  notice  of  the  denial  of 
his  application  or  within  two  years  after  the  recording  of 
the  regulations,  whichever  period  ends  later.  If  the  adop- 
tion and  recording  of  airport  approach  regulations  under 
section  forty  A  is  held  to  constitute  a  taking  of  property 
or  of  rights  in  property,  such  taking  and  the  adoption  of 
such  regulations  shall  not  be  deemed  to  be  invalid  because 


650 


Acts,  1941. —  Chap.  537. 


Hearings 
granted 
aggrieved 
corporations. 


Approval  of 
regulations  by 
commission. 


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

Court  en- 
forcement of 
regulations. 


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


Penalty. 


the  requirements  of  chapter  seventy-nine  with  respect  to 
the  taking  of  property,  notice  thereof  and  the  award  of 
damages  were  not  compHed  with. 

Section  4OH.  If  any  corporation  subject  to  regulation  by 
the  department  of  pubhc  utihties  is  aggrieved  by  the  adop- 
tion of  airport  approach  regulations  under  section  forty  A, 
or  by  a  direction  to  lower,  remove,  reconstruct  or  equip  a 
structure  under  section  forty  F,  or  by  the  taking  of  its  prop- 
erty or  rights  in  property  under  section  forty  G,  or  by  re- 
fusal to  grant  a  variance  permit  as  provided  in  section 
forty  D,  such  corporation,  within  thirty  days  after  such 
adoption,  direction,  taking  or  refusal,  may  appeal  to  said 
department,  and  if,  after  notice  and  a  hearing,  said  depart- 
ment determines  that  the  public  safety,  necessity  and  con- 
venience will  be  best  served  by  the  amendment  or  annul- 
ment of  such  regulation,  direction  or  taking,  it  may  order 
such  regulation,  direction  or  taking  to  be  amended  or  an- 
nulled, or  may  grant  a  variance  permit  as  prescribed  in  sec- 
tion forty  D. 

Section  4OI.  Airport  approach  regulations  adopted  un- 
der section  forty  A,  and  orders  for  the  taking  of  property 
under  section  forty  G,  shall  be  submitted  as  soon  as  may 
be  after  adoption  to  the  commission  for  its  approval.  The 
commission  shall,  within  thirty  days  after  such  submission, 
approve  or  disapprove  the  same;  and  no  such  regulation  or 
order  shall  have  force  or  effect  until  approved  by  the  com- 
mission or  until  thirty  days  shall  have  elapsed  without  ac- 
tion thereon.  Subsequent  steps  required  by  law  shall  be 
taken  after  such  approval  or  expiration  of  thirty  days 
without  action. 

Section  6.  Section  forty-two  of  said  chapter  ninety,  as 
so  appearing,  is  hereby  amended  by  inserting  after  the  word 
"members"  in  the  third  line  the  words:  —  or  by  a  city  or 
town,  —  so  as  to  read  as  follows:  —  Section  42.  The  supe- 
rior court  shall  have  jurisdiction  in  equity  to  enforce  any 
lawful  rule,  regulation  or  order  made  by  the  commission  or 
any  of  its  members  or  by  a  city  or  town  under  any  provi- 
sion of  sections  thirty-five  to  fifty-two,  inclusive,  and  may 
compel  the  attendance  of  and  the  giving  of  testimony  by 
witnesses  before  the  commission  or  any  member  thereof,  in 
the  same  manner  and  to  the  same  extent  as  before  said  court. 

Section  7.  Section  forty-four  of  said  chapter  ninety,  as 
so  appearing^  is  hereby  amended  by  inserting  after  the  word 
"commission",  in  the  fourth  line,  the  words: —  ,  or  airport 
approach  regulations  made  by  a  city  or  town  under  section 
forty  A,  —  so  as  to  read  as  follows:  —  Section  44-  Any  per- 
son failing  to  comply  with  any  requirement,  or  violating  any 
provision,  of  sections  thirty-five  to  fifty-two,  inclusive,  or 
the  rules  and  regulations  for  the  enforcement  of  said  sec- 
tions made  by  the  commission,  or  airport  approach  regula- 
tions made  by  a  city  or  town  under  section  forty  A,  and  in 
full  force  and  effect,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  five  hundred  dollars,  or  by  impris- 


Acts,  1941.  — Chap.  538.  651 

omnent  for  not  less  than  one  month  nor  more  than  six 
months,  or  both.  Whoever  operates  an  aircraft  while  under 
the  influence  of  intoxicating  liquor  shall  be  punished  by  im- 
prisonment for  not  less  than  one  month  nor  more  than  two 
years. 

Section  8.    Section  forty-five  of  said  chapter  ninety,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  inserting  after  the  word  ^45;  ^tl, 
"commission"  in  the  second  line  the  words:  —  ,  or  of  the  amended'.' 
city  council  of  a  city,  or  of  the  selectmen  of  a  town,  or  of 
the  administrative  agency  in  any  city  or  town,  —  so  as  to 
read  as  follows :  —  Section  45-     Any  person  aggrieved  by  Appeal  to 
any  rule,  regulation,  ruling,  decision  or  order  of  the  com-  ^"p^"°''  ''''"'■*• 
mission,  or  of  the  city  council  of  a  city,  or  of  the  selectmen 
of  a  town,  or  of  the  administrative  agency  in  any  city  or 
town,  may,  within  ten  days  of  the  effective  date  of  such 
rule,   regulation,   ruling,   decision  or  order,   appeal  to  the 
superior  court  for  the  purpose  of  having  the  reasonableness 
or  lawfulness  thereof  inquired  into  and  determined. 

Approved  July  28,  1941- 

An  Act  amending  the  fall  river  finance  act,  so  called.  Qhav  538 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nine  of  chapter  forty-four  of  the  acts 
of  nineteen  hundred  and  thirty-one  is  hereby  amended  by 
striking  out,  in  the  third  line,  the  words  "and  three  asses- 
sors",—  so  as  to  read  as  follows:  —  Section  9.  The  board 
shall,  from  time  to  time,  appoint  from  the  registered  voters 
of  said  city  an  auditor,  a  treasurer  and  collector  of  said  city, 
who  shall  hold  their  respective  offices,  and  be  subject  to 
removal,  at  the  pleasure  of  the  board.  It  shall,  from  time 
to  time,  fix  the  compensation  of  such  officers,  which  shall 
be  appropriated  each  year  and  paid  by  said  city  upon  the 
requisition  of  the  board.  The  persons  now  lawfully  holding 
such  offices  shall  continue  to  hold  the  same  untU  their  suc- 
cessors are  appointed  as  herein  provided  and  shall  have 
qualified  as  required  by  law. 

Section  2.  Said  chapter  forty-four  is  hereby  further 
amended  by  striking  out  section  ten  and  inserting  in  place 
thereof  the  following:  —  Section  10.  Notwithstanding  any 
provision  in  the  statutes  to  the  contrary,  no  abatement  of 
a  tax  shall  be  granted  by  the  assessors  of  said  city  in  excess 
of  five  hundred  dollars,  except  with  the  approval  in  writing 
of  the  board  of  finance. 

Section  3.  The  assessors  of  said  city  in  office  immedi- 
ately prior  to  the  effective  date  of  this  act  shall  continue  to 
serve  therein  until  their  respective  successors  shall  have 
been  appointed  and  qualified  under  the  provisions  of  the 
charter  of  said  city. 

Section  4.  This  act  shall  take  full  effect  upon  its  ap- 
proval by  vote  of  the  Fall  River  Board  of  Finance  and  the 
filing  of  a  certificate  of  such  approval  with  the  state  secre- 
tary, but  not  otherwise.  Approved  July  28,  1941. 


652 


Acts,  1941.  — Chap.  539. 


G.  L.  (Ter. 
Ed.),  149, 
§  147,  etc., 
amended. 


Chap. 539  An  Act  establishing  fees  to  be  paid  by  employers 

ENGAGED     IN     INDUSTRIAL    HOMEWORK,     IN    CASE    OF    THE 
RENEWAL    OF   THEIR    PERMITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  forty-seven  of  chapter  one  hun 
dred  and  forty-nine  of  the  General  Laws,  as  appearing  in 
chapter  four  hundred  and  twenty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  is  hereby  amended  by  strik- 
ing out,  in  the  ninth  and  tenth  Hues,  the  words  "upon  pay- 
ment of  a  fee  of  fifty  dollars"  and  inserting  in  place  thereof 
the  words: — ,  may  be  renewed  annually  by  him, —  and 
by  adding  at  the  end  the  following  new  paragraph :  —  A 
fee  of  fifty  dollars  shall  be  paid  to  the  commissioner  for  the 
original  issuance  of  an  employer's  permit.  For  each  annual 
renewal  of  such  permit,  the  employer  shall  pay  to  the  com- 
missioner a  fee  of  (1)  fifty  dollars,  where  at  no  time  during 
the  preceding  calendar  year  did  the  employer  directly  or 
indirectly  have  business  relations  with  more  than  fifty  home- 
workers;  (2)  one  hundred  dollars,  where  during  the  preced- 
ing calendar  year  the  employer  directly  or  indirectly  had 
business  relations  with  more  than  fifty,  but  less  than  one 
hundred,  homeworkers;  (3)  two  hundred  dollars,  where  dur- 
ing the  preceding  calendar  year  the  employer  directly  or  in- 
directly had  business  relations  with  more  than  one  hundred, 
but  less  than  two  hundred,  homeworkers;  (4)  three  hundred 
dollars,  where  during  the  preceding  calendar  year  the  em- 
ployer directly  or  indirectly  had  business  relations  with  two 
hundred  or  more  homeworkers.  Any  such  fees  received  by 
the  commissioner  shall  be  paid  into  the  state  treasury  to 
the  credit  of  the  general  fund,  —  so  as  to  read  as  follows:  — 
Section  1^7.  No  materials  for  manufacture  by  industrial 
homework  shall  be  deUvered  to  any  person  in  the  common- 
wealth unless  the  employer  so  delivering  them,  or  his  agent 
if  the  employer  is  not  a  resident  of  this  commonwealth,  has 
in  his  possession  a  vahd  permit  issued  by  the  commissioner 
under  authority  of  this  section,  hereinafter  and  in  sections 
one  hundred  and  forty-seven  A  to  one  hundred  and  forty- 
seven  H,  inclusive,  called  an  employer's  permit.  Such  per- 
mit shall  be  issued  by  the  commissioner,  may  be  renewed 
annually  by  him,  and,  subject  to  the  last  sentence  of  section 
one  hundred  and  forty-five,  shall  be  valid  for  a  period  of 
one  year  from  the  date  of  its  issuance,  unless  sooner  re- 
voked or  suspended.  Apphcation  for  such  permit  shall  be 
made  in  such  form  as  the  commissioner  may  from  time  to 
time  by  rule  or  regulation  prescribe.  No  employer  shall 
dehver  or  cause  to  be  delivered  any  materials  or  articles 
for  manufacture  by  industrial  homework  to  a  person  who 
is  not  in  possession  of  a  valid  employer's  permit,  or  a  home- 
worker's  certificate  issued  in  accordance  with  this  or  the 
following  section.  The  commissioner  may  revoke  or  sus- 
pend an  employer's  permit  if  he  finds  that  the  employer  has 


Certificates 
for  homework 
required. 


Acts,  1941.  — Chap.  540.  653 

violated  any  provision  of  sections  one  hundred  and  forty- 
four  to  one  hundred  and  forty-seven  H,  inclusive,  or  has 
failed  to  observe  or  comply  with  any  provision  of  his  permit. 

A  fee  of  fifty  dollars  shall  be  paid  to  the  commissioner  for  Fees  to  be 
the  original  issuance  of  an  employer's  permit.  For  each  ^^^'^' 
annual  renewal  of  such  permit,  the  employer  shall  pay  to 
the  commissioner  a  fee  of  (1)  fifty  dollars,  where  at  no  time 
during  the  preceding  calendar  year  did  the  employer  directly 
or  indirectly  have  business  relations  with  more  than  fifty 
homeworkers;  (2)  one  hundred  dollars,  where  during  the 
preceding  calendar  year  the  emploj^er  directly  or  indirectly 
had  business  relations  with  more  than  fifty,  but  less  than 
one  hundred,  homeworkers;  (3)  two  hundred  dollars,  where 
during  the  preceding  calendar  year  the  employer  directly 
or  indirectly  had  business  relations  with  more  than  one 
hundred,  but  less  than  two  hundred,  homeworkers;  (4)  three 
hundred  dollars,  where  during  the  preceding  calendar  year 
the  employer  directly  or  indirectly  had  business  relations 
with  two  hundred  or  more  homeworkers.  Any  such  fees 
received  by  the  commissioner  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  general  fund. 

Approved  July  28,  1941. 


An  Act  accepting  an  act  of  congress  granting  a  retro-  (JJku)  54Q 

CESSION  OF  jurisdiction  BY  THE  UNITED  STATES  OF 
AMERICA  OVER  THE  GENERAL  CLARENCE  R.  EDWARDS  MEMO- 
RIAL BRIDGE,  BRIDGING  WATERSHOPS  POND  OF  THE  SPRING- 
FIELD ARMORY  MILITARY  RESERVATION  IN  THE  CITY  OF 
SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

The  commonwealth  hereby  accepts  the  provisions  of  chap- 
ter three  hundred  and  eighty-five  of  the  First  Session  of 
the  Seventy-Sixth  Congress  enacted  by  the  Senate  and  the 
House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  and  approved  by  the  President  of  the 
United  States  on  July  twenty-seventh,  nineteen  hundred 
and  thirty- nine,  reading  as  follows :  — 

"Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
there  is  hereby  granted  to  the  Commonwealth  of  Massachu- 
setts a  retrocession  of  jurisdiction  over  the  General  Clarence 
R.  Edwards  Memorial  Bridge,  bridging  Watershops  Pond 
of  the  Springfield  Armory  Military  Reservation  in  the  City 
of  Springfield,  Massachusetts,  covered  by  a  certain  grant 
from  the  Secretary  of  War  to  the  City  of  Springfield,  Massa- 
chusetts, dated  October  15,  1936,  authorized  by  Act  of 
Congress  approved  July  14,  1932  (47  Stat.,  663),  as  hereto- 
fore or  hereafter  amended  by  the  Secretary  of  War,  and 
subject  to  all  the  terms  and  conditions  contained  in  said 
permit  as  so  granted,  and  any  amendments  thereof,  as  afore- 
said.   The  land,  premises,  and  bridge  over  which  such  retro- 


654  '  Acts,  1941.  — Chap.  541. 

cession  of  jurisdiction  is  hereby  granted  shall  be  the  whole 
of  the  bridge  constructed  under  said  permit  and  any  amend- 
ments thereof,  throughout  its  entire  length  and  width,  and 
for  the  entire  distance  granted  therein. 

Sec.  2.  Whenever  the  city  of  Springfield,  Massachusetts, 
shall  cease  to  occupy  and  use  the  land,  premises,  and  bridge 
for  highway  purposes  as  authorized  in  said  permit,  and  any 
amendments  thereof,  then  all  jurisdiction  thereover  shall 
revert  to  the  United  States. 

Sec.  3.  The  retrocession  of  jurisdiction  granted  shall  not 
become  effective  until  the  same  is  accepted  by  the  General 
Court  of  the  Commonwealth  of  Massachusetts." 

Approved  July  28,  1941. 


Chap. 54:1  An  Act  ceding  jurisdiction  to  the  united  states  of 

AMERICA    OVER   A    CERTAIN    TRACT    OF   LAND   IN    QUINCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, jurisdiction  is  hereby  granted  and  ceded  to  the 
United  States  of  America  over  a-  certain  tract  of  land  in 
Quincy,  which  tract  was  acquired  by  the  United  States 
of  America  pursuant  to  authority  contained  in  the  act  of 
congress  approved  June  twenty-sixth,  nineteen  hundred  and 
forty  (54  Stat.,  599),  for  use  as  an  addition  to  the  Naval 
Reserve  Aviation  Base  at  Squantum  and  is  bounded  and 
described  as  follows: —  Beginning  at  a  point  marked  by  a 
stone  monument  at  the  intersection  of  the  southeast  corner 
of  the  United  States  land  with  the  southwest  corner  of  the 
said  Dennison  land  and  the  north  right  of  way  of  Quincy 
Shore  boulevard  near  the  southerly  projection  of  the  center 
line  of  Billings  creek,  thence  northwesterly  along  the  land 
of  the  United  States  of  America  to  the  center  line  of  BilHngs 
creek  and  generally  northerly  and  northwesterly  along  the 
center  hne  of  Billings  creek  by  the  land  of  the  United  States 
of  America,  a  distance  of  710  feet,  more  or  less,  to  a  point 
where  said  creek  turns  and  runs  in  an  easterly  direction; 
thence  generally  easterly  and  northeasterly  along  the  said 
lands  of  the  United  States  of  America  in  two  curving  hnes 
on  the  center  line  of  the  former  east  arm  of  Billings  creek  a 
distance  of  920  feet  and  340  feet,  more  or  less,  respectively, 
to  a  point;  thence  N.  12°  41'  E.  a  distance  of  188.90  feet  to 
a  brass  pipe;  thence  N.  54°  12'  E.  a  distance  of  106.72  feet 
to  a  brass  pipe;  thence  S.  50°  35'  E.  a  distance  of  85.80  feet 
to  a  brass  pipe;  thence  N.  81°  47'  E.  a  distance  of  277.96 
feet  to  a  brass  pipe;  thence  N.  17°  08'  E.  a  distance  of  108.24 
feet  to  a  pipe;  thence  N.  25°  50'  E.  a  distance  of  200.40  feet 
to  a  pipe;  thence  S.  43°  45'  E.  a  distance  of  121.95  feet  to 
a  stone  monument;  thence  southerly  along  the  west  right 
of  way  of  East  Squantum  street,  a  distance  of  1,376  feet, 
more  or  less,  to  a  point;  marking  the  intersection  of  the 
said  land  with  the  land  now  or  late  of  the  Shell  Oil  Com- 


Acts,  1941.  — Chap.  542.  655 

pany,  Inc.;  thence  N.  67°  03'  06"  W.  along  the  land  of  the 
said  Shell  Oil  Company,  Inc.,  a  distance  of  50.01  feet  to  a 
point;  thence  N.  78°  04'  38"  W.  along  the  land  of  the  said 
Shell  Oil  Company,  Inc.,  a  distance  of  33.21  feet  to  a  point; 
thence  S.  51°  21'  52"  W.  along  the  land  of  the  said  Shell 
Oil  Company,  Inc.,  a  distance  of  54.10  feet  to  a  point; 
thence  S.  0°  23'  52"  W.  along  the  land  of  the  said  Shell  Oil 
Company,  Inc.,  a  distance  of  81.22  feet  to  a  point;  thence 
westerly  along  the  north  right  of  way  of  Quincy  Shore  boule- 
vard, a  distance  of  472.75  feet  to  the  point  of  beginning,  con- 
taining 20.3  acres,  more  or  less. 

Section  2.  Jurisdiction  over  the  tract  of  land  described 
in  section  one  is  granted  and  ceded  upon  the  express  condi- 
tion that  the  commonwealth  shall  retain  concurrent  juris- 
diction with  the  United  States  of  America  in  and  over  said 
tract,  in  so  far  that  all  civil  processes,  and  such  criminal 
processes  as  may  issue  under  the  authority  of  the  common- 
wealth against  any  person  or  persons  charged  with  crimes 
committed  without  said  area  and  all  processes  for  the  col- 
lection of  taxes  levied  under  authority  of  the  laws  of  the 
commonwealth,  including  the  service  of  warrants,  may  be 
executed  or  had  thereon  in  the  same  manner  as  though  this 
cession  had  not  been  made;  provided,  that  the  exclusive 
jurisdiction  in  and  over  such  tract  shall  revert  to  and  revest 
in  the  commonwealth  whenever  such  tract  shall  cease  to  be 
used  for  the  purpose  set  forth  in  section  one. 

Section  3.  This  act  shall  take  full  effect  upon  the  de- 
positing in  the  office  of  the  state  secretary,  within  one  year 
after  its  effective  date,  of  a  suitable  plan  of  the  tract  of  land 
described  in  section  one,  but  not  otherwise. 

Approved  July  28,  1941. 


An  Act  to  provide  for  the  protection  of  the  shores  (7/ia».542 
IN  the  town  of  duxbury. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Subject  to  the  conditions  herein  imposed,  the 
department  of  public  works  is  hereby  authorized  to  carry 
out  work  for  the  protection  of  the  shores  in  the  town  of  Dux- 
bury  from  damage  by  the  sea  and  to  expend  for  this  purpose 
during  the  year  nineteen  hundred  and  forty-two  a  sum  not 
exceeding  thirty  thousand  dollars,  of  which  one  fourth  shall 
be  contributed  by  the  town  of  Duxbury,  one  fourth  by  the 
county  of  Plymouth,  and  one  half  from  the  appropriation 
made  for  river  and  harbor  improvement  under  section  eleven 
of  chapter  ninety-one  of  the  General  Laws,  for  the  fiscal 
year  nineteen  hundred  and  forty-two,  by  item  2202-11  of 
the  general  appropriation  act  of  the  current  year.  No  work 
hereunder  shall  be  begun  until  the  town  of  Duxbury  has 
assumed  liability,  in  the  manner  provided  by  section  twenty- 
nine  of  chapter  ninety-one  of  the  General  Laws,  for  all  dam- 
ages that  may  be  incurred  hereunder.    Any  of  the  aforesaid 


656  Acts,  1941.  — Chaps.  543,  544. 

sum  remaining  at  the  end  of  said  year  may  be  expended  for 
said  purpose  in  the  year  nineteen  hundred  and  forty-three. 

Section  2.  The  money  to  be  contributed  hereunder  by 
the  town  of  Duxbury  and  the  county  of  Plymouth  shall  be 
paid  into  the  treasury  of  the  commonwealth  from  time  to 
time  as  requested  by  the  department,  but  no  work  shall 
be  begun  until  the  contributions  requested  have  been  so 
paid. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  county  com- 
missioners of  Plymouth  county  and  by  vote  of  the  town  of 
Duxbury  in  town  meeting  and  the  filing  in  the  office  of  the 
department  of  public  works  of  certified  copies  of  said  votes, 
but  not  otherwise.  Approved  July  28,  1941. 


Chav.543  -^^   ^^^  providing   for   the   improvement   of   certain 

STATE     LAND     IN     SOUTH     BOSTON     ADJACENT     TO     CASTLE 
ISLAND. 

Be  it  enacted,  etc,  as  follows: 

The  commonwealth,  acting  through  the  department  of 
public  works,  shall  improve  the  state  land  in  South  Boston 
adjacent  to  Castle  Island,  and  may  expend  therefor,  from 
item  3132-12  of  the  general  appropriation  act  of  the  cur- 
rent year,  the  sum  of  three  thousand  dollars. 

Approved  July  28,  1941. 


ChaV  544  ^^  ^^^  creating  the  state  advisory  FOREST  COMMITTEE, 
AND  REGIONAL  COMMITTEES,  FOR  THE  PURPOSE  OF  EN- 
COURAGING THE  PROTECTION  AND  DEVELOPMENT  OF  THE 
FOREST  RESOURCES  OF  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  is  hereby  declared  that  the  public  welfare 
requires  the  rehabilitation  and  protection  of  forest  lands  for 
the  purpose  of  conserving  water,  preventing  floods  and  soil 
erosion,  improving  the  conditions  for  wildlife  and  recreation 
and  providing  a  continuing  and  increasing  supply  of  forest 
products  for  farm  use  and  for  the  wood-using  industries  of 
the  commonwealth.  Therefore,  it  is  hereby  declared  to  be 
the  policy  of  the  commonwealth  that  all  lands  now  or  here- 
after devoted  to  forest  growth  shall  be  kept  in  such  condition 
as  shall  not  jeopardize  the  public  interest,  and  that  the 
policy  of  the  commonwealth  shall  further  be  one  of  co-oper- 
ation with  the  land  owners  and  other  agencies  interested 
in  forestry  practices,  for  the  profitable  management  of  all 
forest  lands  in  the  interest  of  the  owner,  the  public  and  the 
users  of  forest  products. 

Section  2.  For  the  purposes  of  this  act,  the  director  of 
the  division  of  forestry  in  the  department  of  conservation, 
or  his  agent,  the  director  of  extension,  or  his  agent,  and  the 
commissioner  of  agriculture,  or  his  agent,  are  hereby  con- 


Acts,  1941.  — Chap.  545.  657 

stituted  the  state  advisory  forest  committee,  of  which  the 
director  of  the  division  of  forestry  shall  be  chairman.  Said 
committee  is  hereby  authorized  and  directed  ,to  divide  the 
commonwealth  into  not  less  than  four  nor  more  than  six 
forest  regions  and  to  select  in  each  region  four  persons  living 
within  the  region,  representative  of  the  several  classes  of 
forest  owners,  who  with  the  above-named  state  officials  shall 
constitute  a  regional  committee.  Each  regional  committee 
shall  designate  its  chairman.  The  members  of  regional  com- 
mittees shall  receive  no  compensation  for  their  services, 
but  shall  be  reimbursed  for  their  actual  traveling  expenses 
while  in  the  performance  of  their  duties  hereunder. 

Section  3,  Each  regional  committee  shall  study  the 
characteristics  and  needs  of  the  forests  in  its  region,  and  by 
hearings  and  otherwise  shall  obtain  the  views  of  forest  owners 
and  public  officials.  So  far  as  possible  all  forest  owners  shall 
be  notified  of  such  hearings  and  of  the  desire  of  the  regional 
committee  to  learn  their  views.  Thereafter,  each  regional 
committee  shall  report  its  findings  as  to  the  best  forest 
management  practices  for  its  region  and  recommend  legis- 
lation and  other  measures  necessary  to  obtain  the  observ- 
ances of  such  practices.  The  reports  of  all  the  regional 
committees  shall  thereupon  be  submitted  to  the  state  ad- 
visory committee  herein  constituted  for  inclusion  in  its 
report.  The  state  advisory  forest  committee  shall  report  to 
the  general  court  its  findings  and  its  recommendations  for 
each  region,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  not  later  than 
the  first  Wednesday  of  December  in  the  year  nineteen  hun- 
dred and  forty-two.  Upon  the  filing  of  said  report,  said 
state  advisory  forest  committee  and  said  regional  committees 
shall  cease  to  exist. 

Section  4.  For  the  purposes  of  this  act,  there  may  be 
expended,  under  the  direction  of  the  state  advisory  commit- 
tee, such  sums,  not  exceeding,  in  the  aggregate,  three  thou- 
sand dollars,  as  may  hereafter  be  appropriated  therefor. 

Approved  July  28,  1941. 


An  Act  to  validate  and  confirm  the  taking  of  certain  Chap  545 

LAND  FOR  SEWER  PURPOSES  BY  THE  SEWER  COMMISSIONERS 
OF  THE  TOWN  OF  MARION  AND  THE  LAYING  OUT  OF  SEWER 
PIPE  LINES  THEREIN,  AND  TO  DEFINE  THE  INTEREST  TAKEN 
IN   SAID   LAND. 

Be  it  enacted,  etc. ,  as  follows: 

Section  1.  The  taking  of  certain  land  by  the  sewer  com- 
missioners of  the  town  of  Marion  for  sewerage  purposes  and 
the  laying  out  of  sewer  pipe  Hnes  therein,  under  an  order 
dated  March  sixteenth,  nineteen  hundred  and  six,  a  copy  of 
which  is  recorded  with  the  Plymouth  county  registry  of 
deeds,  Book  1143,  Page  190,  and  in  accordance  with  a  plan 


658  Acts,  1941.  — Chap.  546. 

made  by  Coffin  and  Thorpe,  dated  March  sixth,  nineteen 
hundred  and  sLx,  and  recorded  in  Plan  Book  1,  at  Page  802, 
in  said  registry,  from  a  point  near  the  southwest  corner  of 
the  Town  Hall  lot,  so  called,  thence  in  a  westerly  direction 
to  and  across  Spring  street  about  one  hundred  and  seventy 
feet  to  a  point  near  the  northeast  corner  of  land  of  Phebe 
Everest,  thence  westerly  about  four  hundred  and  twenty 
feet  to  the  northwest  corner  of  said  Everest's  land,  thence 
southwesterly  about  six  hundred  and  fifty  feet  to  and  across 
Mill  street,  thence  in  a  westerly  direction  about  eighteen 
hundred  feet  to  the  land  of  Hiller  Brothers,  said  lay-out 
being  twenty  feet  wide,  and  the  south  line  being  parallel 
with  the  north  line,  and  the  acceptance,  by  said  town  at  a 
meeting  of  its  inhabitants  held  on  April  second,  nineteen 
hundred  and  six,  of  such  taking  of  said  land  and  the  lading 
out  of  the  sewer  pipe  lines  therein,  are  hereby  ratified  and 
confirmed,  and  the  interest  taken  in  the  said  land  is  hereby 
defined  to  be  an  easement  for  the  installation  therein  of  one 
or  more  sewer  pipe  lines. 

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

Approved  July  29,  1941. 


Chap.64:d  An  Act  authorizing  the   city  of  quincy  to  borrow 

MONEY  FOR  THE  PURPOSE  OF  REFUNDING  TO  THE  BOSTON 
CONSOLIDATED  GAS  COMPANY  CERTAIN  OVERPAYMENTS  OF 
TAXES   ASSESSED    UPON    IT   BY   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Quincy,  for  the  purposes  of  meet- 
ing abatements  of  taxes  ordered  by  the  supreme  judicial 
court  to  be  made  by  said  city  to  the  Boston  ConsoUdated 
Gas  Company  in  the  year  nineteen  hundred  and  forty-one 
and  of  meeting  other  abatements  made  or  to  be  made  of 
so  much  of  the  taxes  assessed  upon  said  company  by  said 
city  for  the  years  nineteen  hundred  and  thirtj^-six  to  nine- 
teen hundred  and  forty-one,  inclusive,  as  may  be  lawfully 
abated  by  the  board  of  assessors  of  said  city,  may  borrow 
within  a  period  of  two  years  from  the  passage  of  this  act 
a  sum  or  sums,  not  exceeding,  in  the  aggregate,  one  hun- 
dred and  seventy-five  thousand  dollars,  and  may  issue 
bonds  or  notes  therefor,  which  shall  bear  on  their  face  the 
words.  City  of  Quincy  Tax  Funding  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.  Indebtedness  incurred  under  this  act 
shall  be  inside  the  statutory  fimit,  and  shall,  except  as  herein 
provided,  be  subject  to  chapter  forty-four  of  the  General 
Laws,  exclusive  of  the  limitation  contained  in  the  first 
paragraph  of  section  seven  thereof. 

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

Approved  July  29,  1941. 


Acts,  1941.  — Chap.  547.  659 


An  Act  relative  to  the  time  and  method  of  publica-  (JJidj)  547 

TION   OF  NOTICES   INVITING   BIDS   ON    CERTAIN    STATE    CON-  ^' 

TRACTS    AND    TO    TRANSACTIONS    BETWEEN    THE    COMMON- 
WEALTH AND  ANY  PUBLIC  SERVICE  CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  twentj'^-nine  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  eight  A,  inserted  §^8A,etc., 
by  chapter  four  hundred  and  twenty-seven  of  the  acts  of  amended. 
nineteen  hundred  and  thirty-nine,  and  inserting  in  place 
thereof  the  following  section:  —  Section  8 A.  No  officer  hav-  Competitive 
ing  charge  of  any  office,  department  or  undertaking  which  S'^lon^racta. 
receives  a  periodic  appropriation  from  the  commonwealth 
shall  award  any  contract  for  the  construction,  reconstruc- 
tion, alteration,  repair  or  development  at  public  expense  of 
any  building,  road,  bridge  or  other  physical  property  if  the 
amount  involved  therein  is  one  thousand  dollars  or  over, 
unless  a  notice  inviting  proposals  therefor  shall  have  been 
posted,  not  less  than  one  week  prior  to  the  time  specified 
in  such  notice  for  the  opening  of  said  proposals,  in  a  con- 
spicuous place  on  or  near  the  premises  of  such  officer,  and 
shall  have  remained  so  posted  until  the  time  so  specified, 
and,  if  the  amount  involved  therein  is  in  excess  of  five  thou- 
sand dollars,  unless  such  a  notice  shall  also  have  been  pub- 
Hshed  at  least  once  not  less  than  two  weeks  prior  to  the  time 
so  specified,  and  at  such  other  times  prior  thereto,  if  any, 
as  the  commission  on  administration  and  finance  shall  direct, 
in  such  newspaper  or  newspapers  and /or  trade  periodical 
or  periodicals  as  said  commission,  having  regard  to  the  lo- 
cality of  the  work  involved  in  such  contract,  shall  prescribe; 
provided,  that  such  publication  may  be  omitted,  in  cases  of 
special  emergencies  involving  the  health  and  safety  of  the 
people  and  their  property,  upon  the  written  approval  of  said 
commission.  Proposals  for  any  contract  subject  to  this  sec- 
tion shall  be  in  writing  and  shall  be  opened  in  public  at  a 
time  and  place  specified  in  the  posted  or  published  notice, 
and  after  being  so  opened  shall  be  open  to  pubhc  inspection. 
No  contract  or  prehminary  plans  and  specifications  shall 
be  split  or  divided  for  the  purpose  of  evading  the  provisions 
of  this  section.  The  provisions  of  this  section  shall  not  ap- 
ply to  any  transaction  between  the  commonwealth  and  any 
of  its  political  subdivisions  or  between  the  commonwealth 
and  any  public  service  corporation. 

Section  2.    Section  sixty  A  of  chapter  ninety-two  of  the  g.  l.  (Ter. 
General  Laws,  inserted  by  section  one  of  chapter  three  hun-  f  60A?etc., 
dred  and  fifty-two  of  the  acts  of  nineteen  hundred  and  thirty-  repealed, 
seven,  and  section  two  of  said  chapter  three  hundred  and 
fifty-two,  are  hereby  repealed.        Approved  July  29,  1941. 


660 


Acts,  1941.  — Chaps.  548,  549. 


Chap. d4i8  An  Act  relative  to  the  sale  and  transfer  by  certain 

INSURANCE  'COMPANIES  TO  THEIR  DIRECTORS  OR  OTHER 
OFFICERS  OF  SHARES  OF  CAPITAL  STOCK  OWNED  BY  SUCH 
COMPANIES. 


G.  L.  (Ter. 
Ed.).  175, 
§  64,  etc., 
amended. 


Certain  sales 
of  stock 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  sixty-four  of  chapter  one  hundred  and  seventy- 
five  of  the  General  Laws,  as  amended  by  chapter  two  hun- 
dred and  thirteen  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  is  hereby  further  amended  by  adding  at  the  end  the 
following  new  paragraph :  — 

Nothing  in  this  section  shall  be  construed  to  prohibit  any 
such  company  from  selHng  and  transferring  to  any  director 
or  other  officer  thereof  not  exceeding  ten  shares  of  the  capital 
stock  of  any  other  insurance  company  for  the  purpose  of 
enabling  such  director  or  other  officer  to  qualify  as  a  director 
in  such  other  company;  provided,  that  all  transactions  under 
this  paragraph  shall  be  approved  in  advance  by  the  com- 
missioner. Approved  July  29,  1941. 


G.  L.  (Ter. 
Ed.),  new 
chapter  190A, 
inserted. 


Chap. 54:9  An  Act  relative  to  the  effect  of  apparently  simul- 
taneous DEATHS  UPON  DEVOLUTION  AND  DISPOSITION  OF 
PROPERTY,    INCLUDING   PROCEEDS   OF   INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  General  Laws  are  hereby  amended  by 
inserting  after  chapter  one  hundred  and  ninety  the  follow- 
ing new  chapter :  — 

Chapter  190A. 

Effect  of  Apparently  Simultaneous  Deaths  upon 
Devolution  and  Disposition  of  Property,  including 
Proceeds  of  Insurance. 

Section  1.  Where  title  to  property  or  the  devolution 
thereof  depends  upon  priority  of  death  and  there  is  no  suffi- 
cient evidence  that  the  persons  concerned  have  died  other- 
wise than  simultaneously  the  property  of  each  person  shall 
be  disposed  of  as  if  lie  had  survived,  except  as  otherwise 
provided  in  this  chapter. 

Section  2.  Where  two  or  more  beneficiaries  are  desig- 
nated to  take  successively  or  alternatively  by  reason  of  sur- 
vivorship under  another  person's  disposition  of  property 
and  there  is  no  sufficient  evidence  that  these  beneficiaries 
have  died  otherwise  than  simultaneously  the  property  thus 
disposed  of  shall  be  divided  into  as  many  equal  portions  as 
there  are  successive  or  alternate  beneficiaries,  and  the  por- 
tion allocable  to  each  beneficiary  shall  be  distributed  as  if 
he  had  survived  all  the  other  beneficiaries. 

Section  3.  Where  there  is  no  sufficient  evidence  that  two 
joint  tenants  or  tenants  by  the  entirety  have  died  otherwise 
than  simultaneously  the  property  so  held  shall  be  distrib- 


Disposition 
of  property 
after  simul- 
taneous deaths, 


Same  subject. 

Testamentary 
and  trust 
property. 


Same  subject. 

Joint  tenants 
and  tenants  by 
the  entirety. 


Acts,  1941.  — Chap.  550.  661 

uted  one  half  as  if  one  had  survived  and  one  half  as  if  the 
other  survived.  Where  more  than  two  joint  tenants  have 
died  and  there  is  no  sufficient  evidence  that  they  died  other- 
wise than  simultaneously  the  property  so  held  shall  be  di- 
vided into  as  many  equal  shares  as  there  were  joint  tenants 
and  the  share  allocable  to  each  shall  be  distributed  as  if  he 
had  survived  all  the  others. 

Section  If.     Where  the  insured  and  the  beneficiary  in  a  same  subject. 
policy  or  contract  of  life  or  endowment  insurance  or  insur-  insurance 
ance  against  accident  have  died  and  there  is  no  sufficient  beneBcianes. 
evidence  that  they  have   died   otherwise  than  simultane- 
ously the  proceeds  of  the  policy  or  contract  shall  be  payable 
as  if  the  insured  had  survived  the  beneficiary. 

Section  6.    This  chapter  shall  not  appl}''  to  a  will,  Uving  Disposition  of 
trust  or  deed  wherein  provision  has  been  made  for  distribu-  f^dfu^t^ust, 
tion  different  from  the  distribution  under  this  chapter,  or  f^-^^°^ 
to  a  pohcy  or  contract  of  insurance  wherein  provision  has 
been  made  for  payment  of  its  proceeds  different  from  such 
payment  under  this  chapter. 

Section  6.    This  chapter  shall  be  so  construed  and  inter-  Construc- 
preted  as  to  effectuate  its  general  purpose  to  make  uniform  *'°°'  ^*''' 
the  law  in  those  states  which  enact  it. 

Section  7.    If  any  of  the  provisions  of  this  chapter  or  the  Provisions 
application  thereof  to  any  persons  or  circumstances  is  held  sevwablr 
invalid  such  invalidity  shall  not  affect  other  provisions  or 
applications  of  the  chapter  which  can  be  given  effect  with- 
out the  invalid  provisions  or  application,  and  to  this  end 
the  provisions  of  this  chapter  are  declared  severable. 

Section  8.     This  chapter  may  be  cited  as  the  Uniform  citation 
Simultaneous  Death  Law.  o  c  ap  er. 

Section  2.    This  act  shall  not  apply  to  the  distribution  when  act  does 
of  the  property  of  a  person  who  has  died  before  it  takes  ^°^  ^^^  ^' 
effect,  or  to  the  distribution  of  property  passing  under  an 
instrument,  other  than  a  will,  executed  before  it  takes  effect. 

Approved  July  29,  1941- 


An  Act  providing  for  the  acquisition  by  the  common-  Chap. 550 

WEALTH  FOR  ARMORY  PURPOSES  OF  A   CERTAIN  PARCEL  OF 
LAND    IN    THE    CITY    OF   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Subject  to  the  approval  of  the  governor  and  council,  the 
armory  commission  is  hereby  authorized  and  directed  to 
acquire,  for  the  purpose  of  increasing  the  facilities  of  the 
state  armory  in  the  city  of  Lowell,  the  parcel  of  land  in  said 
city  bounded  and  described  as  follows :  —  Northerly  by 
Westford  street,  ninety-two  feet;  easterly  b}^  land  now  or 
formerly  of  the  commonwealth  of  Massachusetts,  one  hun- 
dred and  ninety-two  and  seventeen  one  hundredths  feet; 
southerly  by  land  now  or  formerly  of  one  Butterfield,  ninety- 
two  and  one  tenth  feet;  and  westerly  by  land  now  or  formerly 
of  one  Burnham,  one  hundred  and  eighty-eight  and  thirty- 


662  Acts,  1941.  — Chaps.  551,  552. 

three  one  hundredths  feet,  more  or  less.  For  said  purposes 
the  armory  commission  may  expend  such  sum,  not  exceed- 
ing two  thousand  dollars,  as  may  hereafter  be  appropriated 
therefor.  Approved  July  29,  1941- 


Cha7).551  ^^  ^^^  AUTHORIZING  THE  TOWN  OF  WELLESLEY  TO  USE  FOR 
THE  PURPOSES  OF  A  PUBLIC  WAY  CERTAIN  PARK  LANDS  IN 
SAID    TOW'N. 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  Wellesley  is  hereby  authorized  to  use,  for 
the  purposes  of  a  public  way  to  relieve  traffic  condi- 
tions in  Wellesley  Hills  square,  so  called,  so  much  of  its 
park  lands  lying  between  Worcester  street  and  Washington 
street,  adjoining  the  property  now  known  as  the  Clock 
Tower,  formerly  known  as  Elm  park,  acquired  by  purchase 
on  October  sixteenth,  nineteen  hundred  and  eight,  from 
Georgianna  S.  Livermore,  as  the  town  may  by  vote  deter- 
mine. Approved  July  29,  1941. 

Chap. 552  An  Act  authorizing  the  appointment  of  a  recreation 

COMMISSION  IN  THE  TOWN  OF  BROOKLINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  selectmen  of  the  town  of  BrookHne  are 
hereby  authorized  and  empowered  to  appoint  a  recreation 
commission  consisting  of  five  persons,  which  commission 
shall  have  the  powers  and  perform  the  duties  specified  in 
section  fourteen  of  chapter  forty-five  of  the  General  Laws  for 
an  elected  recreation  commission.  The  members  of  said 
commission  first  appointed  hereunder  shall  hold  office  for 
terms  of  one,  two,  three,  four  and  five  years,  respectively, 
from  the  first  Monday  of  May  next  following  their  appoint- 
ment and  until  the  qualification  of  their  respective  succes- 
sors; and  thereafter  the  selectmen  shall  annually,  before 
the  first  Monday  in  May,  appoint  one  member  of  such  com- 
mission for  a  term  of  five  years  from^said  first  Monday  in 
May.  Vacancies  in  such  commission  shall  be  filled  in  like 
manner  for  the  residue  of  the  unexpired  term.  The  members 
of  such  commission  shall  serve  without  compensation.  They 
may  be  removed  by  the  selectmen  for  cause. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  BrookHne  by  a  majority  vote  of 
the  town  meeting  members  present  and  voting  thereon  at  a 
limited  town  meeting  called  for  the  purpose  within  one  year 
of  the  passage  of  this  act,  but  not  otherwise. 

Approved  July  29,  1941. 


Acts,  1941.  — Chap.  553.  663 


An  Act  relative  to  the  use  of  the  cinematograph  and  Cha7).55S 

SIMILAR  APPARATUS   FOR  THE   EXHIBITION   OF  MOTION   PIC- 
TURES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.    Chapter  one  hundred  and  forty-three  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  f  74,' amended, 
seventy-four,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section  Fee  for 
74-    For  the  inspection  of  such  apparatus  or  of  a  booth  or  '"^p«<=ti°'»- 
enclosure,  as  provided  by  section  seventy-three,  a  fee  of 
three  dollars  for  apparatus  and  five  dollars  for  booth  or  en- 
closure shall  be  paid  by  the  owner  or  user  thereof. 

Section  2.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  seventy-five,  f  75,' amended, 
as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  75.     No  person  shall  .operate  such  Examination, 
apparatus  in  any  public  building  until  he  has  received  a  f'oTiicense?etc. 
license  so  to  do  from  an  inspector.     No  such  license  shall 
be  granted  until  the  applicant  has  passed  an  examination 
proving  him  to  be  thoroughly  skilled  in  the  working  of  the 
mechanical  and  electrical  apparatus  or  devices  used  therein 
or  connected  therewith,  nor  unless  he  is  the  holder  of  a  per- 
mit issued  to  him  under  section  seventy-six  and  has  been 
employed,  for  at  least  three  months  immediately  prior  to 
the  granting  of  such  license,  as  an  assistant  under  the  super- 
vision of  a  licensed  operator  in  a  booth  or  enclosure  in  or 
upon  a  public  building,  and  no  person  under  twenty-one 
shall  be  eligible  for  such  examination.     Five  dollars  shall  Fee. 
accompany  the  application  for  a  license.     The  license  shall 
be  for  the  term  of  one  year  from  the  date  thereof,  but  may 
be  renewed  yearly,  without  examination,  by  an  inspector 
upon  the  payment  of  a  fee  of  two  dollars. 

Section  3.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  seventy-  f  76,' amended. 
six,  as  so  appearing,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  76.     Any  person   over   eighteen  Assistant's 
desiring  to  act  as  an  assistant  to  a  holder  of  a  license  shall  p^""™'*- 
register  his  name,  age  and  address  on  a  form  furnished  by  ^'^'^" 
the  commissioner  of  public  safety;   and  upon  the  receipt  of 
two  dollars  the  commissioner  may  issue  a  permit  allowing 
such  person  to  assist  such  a  licensed  operator  in  a  booth 
or  enclosure,  but  such  person  shall  not  himself  operate  the 
apparatus.     The  permit  shall  be  for  the  term  of  one  year 
from  the  date  thereof,  but  may  be  renewed  yearly  by  the 
commissioner  upon  the  receipt  of  one  dollar. 

Section  4.      Sections   seventy-seven,   seventy-eight   and  EJ^iJa^""' 
eighty  of  said   chapter  one  hundred   and  forty-three  are  §§77, 78 'and 
hereby  repealed.  so,  repealed. 

Section  5.    Said  chapter  one  hundred  and  forty-three  is  Ed^ila^'^' 
hereby  further  amended  by  striking  out  section   seventy-  §79,' amended, 
nine,  as  so  appearing,  and  inserting  in  place  thereof  the  fol- 


664 


Acts,  1941.  — Chap.  553. 


Eligibility  for 
examination. 


G.  L.  (Ter. 

Ed.),  143, 

§  82,  amended. 


Permit  for 
special  ex- 
hibition. 


Fee. 


G.  L.  (Ter. 

Ed.),  143, 

§  85,  amended. 


Special 
licenses  for 
operators  in 
churchee, 
schools,  etc. 


G.  L.  (Ter. 

Ed.),  143, 

§  86,  amended. 


Use  of  cer- 
tain motion 
picture  appa- 
ratus in 
schools,  etc. 


lowing  section :  —  Section  79.  Any  person  over  twenty-one 
who  presents  to  the  commissioner  of  pubhc  safety  an  affi- 
davit, signed  and  sworn  to  by  him,  stating  that  he  has  oper- 
ated a  cinematograph  or  similar  apparatus  in  a  booth  or  en- 
closure in  a  theatre  or  hall  devoted  to  public  exhibitions  of 
moving  pictures  outside  of  the  commonwealth  for  a  period 
of  three  months  or  more,  shall  be  eligible  for  the  examina- 
tion, as  provided  in  section  seventy-five,  for  a  license. 

Section  6.  Section  eighty-two  of  said  chapter  one  hun- 
dred and  forty-three,  as  so  appearing,  is  hereby  amended 
by  striking  out,  in  the  sixth  line,  the  word  "Two"  and  in- 
serting in  place  thereof  the  word :  —  Three,  —  so  as  to  read 
as  follows :  —  Section  82.  Except  in  Boston,  the  commis- 
sioner of  public  safety  may  grant  permits  for  the  special  ex- 
hibition of  pictures  by  the  use  of  a  cinematograph  or  similar 
apparatus  in  a  public  building  which  in  his  opinion  is  in 
safe  condition  for  such  exhibitions,  and  he  may  prescribe 
such  regulations  as  he  may  deem  necessary  for  the  presen- 
tation of  the  same.  Three  dollars  shall  accompany  the  ap- 
plication for  each  permit. 

Section  7.  Section  eighty-five  of  said  chapter  one  hun- 
dred and  forty-three,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  third  line,  the  word  ''two"  and  inserting 
in  place  thereof  the  word :  —  three,  —  so  as  to  read  as  fol- 
lows :  —  Section  85.  Notwithstanding  any  provision  of  sec- 
tions seventj'-two  to  eighty-four,  inclusive,  the  commissioner 
of  public  safety,  upon  application  accompanied  by  a  fee  of 
three  dollars,  may  grant  special  licenses  for  operators  of 
motion  picture  machines  in  churches,  schoolhouses  or  pub- 
lic institutions  which  in  his  opinion  are  in  safe  condition  for 
said  exhibitions,  and  he  may  prescribe  regulations  for  the 
proper  conduct  of  the  same,  but  no  such  license  shall  be 
valid  for  use  in  the  city  of  Boston  unless  it  also  bears  the 
written  approval  of  the  building  commissioner  of  said  city. 

Section  8.  Section  eighty-six  of  said  chapter  one  hun- 
dred and  forty-three,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  sixteenth  and  in  the  twenty-fifth  lines, 
the  word  "two"  and  inserting  in  place  thereof,  in  each  in- 
stance, the  word :  —  three,  —  and  by  striking  out,  in  the 
twenty-eighth  line,  the  words  "like  fee"  and  inserting  in 
place  thereof  the  words :  —  fee  of  two  dollars,  —  so  as  to 
read  as  follows :  —  Section  86.  Notwithstanding  any  of  the 
provisions  of  sections  seventy-two  to  eighty-five,  inclusive, 
a  cinematograph  or  similar  apparatus  adapted  to  the  use  of 
standard  width  films,  if  specifically  licensed  and  approved 
by  the  commissioner  of  public  safety  as  evidenced  by  a  tag 
attached  thereto  by  his  authority,  may  be  used  as  herein- 
after provided,  in  connection  with  a  portable  projector  and 
without  a  booth  and  subject  to  such  further  conditions  and 
regulations  as  the  commissioner  may  prescribe,  for  educa- 
tional purposes  in  schools  and  other  institutions  of  learning, 
or  for  business  or  demonstration  purposes.  Said  cinemato- 
gi'aph  or  apparatus  shall  be  used  only  with  cellulose  acetate 


Acts,  1941.— Chap.  554.  665 

or  equally  incombustible  films  marked  in  the  margin  at 
least  once  in  every  linear  foot  as  safe  and  incombustible, 
and  tagged  or  marked  as  inspected  by  an  inspector,  and 
only  in  connection  with  an  incandescent  electric  lamp  of  not 
more  than  six  hundred  watts.  Such  approval  and  license 
shall  be  granted  only  upon  the  written  apphcation,  accom- 
panied by  a  fee  of  three  dollars,  of  the  superintendent  of 
schools  in  a  city  or  town  in  case  of  intended  use  in  a  public 
school,  or  of  the  responsible  head  of  the  university,  college, 
technical  or  private  school  or  county  extension  service,  as 
the  case  may  be,  or  if  to  be  used  for  business  or  demonstra- 
tion purposes,  upon  the  written  application  of  a  responsible 
citizen.  The  commissioner  shall  also  cause  to  be  posted  on 
apparatus  so  approved  and  licensed  a  statement  of  the  terms 
and  conditions  governing  its  use  and  the  penalty  hereinafter  . 
prescribed  for  their  violation.  The  said  commissioner,  or 
such  local  authority  as  the  commissioner  may  designate, 
may,  upon  payment  of  a  fee  of  three  dollars,  grant  a  license 
for  the  term  of  one  year  to  operate  such  a  cinematograph  or 
apparatus,  under  the  conditions  herein  specified,  to  any 
suitable  person  twenty-one  years  of  age  or  over.  Said  li- 
cense may  be  renewed  on  payment  of  a  fee  of  two  dollars. 
Any  hcense  or  approval  granted  under  this  section  may  be 
revoked  by  the  commissioner,  or  the  local  authority  author- 
ized to  grant  the  same.  Violation  of  any  provision  of  this 
section  or  of  anj^  rule,  regulation,  term  or  condition  imposed 
by  the  commissioner  of  public  safety  under  its  provisions 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  not  less  than  two  nor  more 
than  six  months,  or  both. 

Section  9.  The  terms  of  all  licenses  issued  or  granted  fft^'^'''''® 
under  authority  of  sections  seventj^'-seven,  seventy-eight  and 
eighty  of  chapter  one  hundred  and  forty-three  of  the  Gen- 
eral Laws,  as  appearing  immediately  prior  to  the  effective 
date  of  this  act,  and  in  force  upon  said  effective  date,  shall 
thereupon  terminate.  Approved  July  29,  194-1  ■ 


An  Act  further  regulating  the  Worcester  retirement  (Jfidy  554 

SYSTEM.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  four  hundred  and  ten 
of  the  acts  of  nineteen  hundred  and  twenty-three  is  hereby 
amended  by  striking  out  the  second  paragraph,  as  amended 
by  section  one  of  chapter  three  hundred  and  forty-four  of 
the  acts  of  nineteen  hundred  and  twenty-nine,  and  inserting 
in  place  thereof  the  following  paragraph :  — 

The  annuity  savings  fund  shall  be  the  fund  to  which  shall 
be  paid  the  deductions  from  the  compensation  of  members. 
The  treasurer  of  the  city  of  Worcester  shall  mthhold  five 
per  cent  of  the  regular  compensation  due  on  each  pay  day 
to  all  employees  who  are  members  of  this  retirement  sys- 


666  Acts,  1941. —  Chap.  554. 

tem,  provided  that  employees  who  receive  more  than  forty 
dollars  weekly  in  compensation  shall  not  be  assessed  for  con- 
tribution to  this  fund  on  the  excess  above  that  amount. 
Except  as  provided  in  section  six  A,  no  member  shall  pay 
further  deductions  from  his  compensation  after  the  total 
sum  of  deductions  paid  by  him  shall  have  amounted,  with 
interest  credited  thereto,  to  a  sum  sufficient  to  purchase 
under  section  fifteen  (1)  (a)  an  annuity  of  six  hundred  and 
fifty  dollars  at  age  sixty,  together  with  such  increased  an- 
nuity created  by  voluntary  contributions  on  the  part  of  the 
member  as  is  provided  for  in  section  six  A.  Interest  there- 
after accruing  upon  the  compulsory  accumulated  deductions 
shall  be  paid  to  the  member  on  his  retiring.  If  the  accumu- 
lated deductions  of  any  employee  retired  hereunder  exceed 
the  amount  required  to  provide  an  annuity  equal  to  one 
fourth  of  the  average  annual  rate  of  compensation  of  such 
employee  during  the  last  five  years  prior  to  his  retirement 
or  resignation  or  dismissal  as  provided  in  paragraph  (2)  of 
section  ten,  the  excess  above  that  amount  shall  be  paid  to 
such  employee  in  a  lump  sum  with  the  first  monthly  pay- 
ment on  the  account  of  his  retirement  allowance;  provided, 
that  this  sentence  shall  not  apply  to  any  member  who  vol- 
untarily made  additional  contributions  under  section  six  A, 
for  the  purpose  of  receiving  an  increased  annuity  upon  re- 
tirement. The  amounts  withheld  by  the  treasurer  of  the 
city  of  Worcester  shall  be  transferred  immediately  there- 
after to  the  retirement  board  and  credited  to  the  account  of 
each  member  so  contributing,  and  shall  be  paid  into  and 
become  a  part  of  said  annuity  savings  fund. 

Section  2.  Said  chapter  four  hundred  and  ten  is  hereby 
further  amended  by  inserting  after  section  six  the  following 
two  new  sections :  —  Section  6 A .  In  addition  to  the  regular 
contributions  deducted  from  the  regular  compensation  of 
members  as  provided  in  section  six,  subject  to  the  approval 
of  the  retirement  board  any  member  may  in  writing  author- 
ize the  treasurer  of  the  city  of  Worcester  to  deduct  from  so 
much  of  his  regular  compensation  as  is  at  a  rate  in  excess  of 
forty  dollars  weekly,  but  not  in  excess  of  sixty  dollars  weekly, 
and  to  deposit  in  the  annuity  savings  fund  in  the  form 
of  additional  regular  contributions,  five  per  cent  on  such 
amount.  If  such  member  shall  so  request  in  writing,  the 
board  may  permit  a  reduction,  suspension  or  termination  of 
such  additional  contributions,  but  no  return  of  such  addi- 
tional contributions  shall  be  made  except  in  the  manner  pro- 
vided for  return  of  regular  deductions  in  section  sixteen. 
The  amounts  deposited  to  purchase  such  additional  annuity 
shall  be  treated  as  part  of  the  member's  accumulated  deduc- 
tions except  that  in  the  event  of  his  retirement  they  shall 
not  be  used  to  increase  the  pension  payable. 

.  Section  6B.  In  addition  to  the  regular  contributions  de- 
ducted from  the  regular  compensation  of  members  as  pro- 
vided in  section  six,  subject  to  the  approval  of  the  retire- 
ment board  any  member  may  re-deposit  in  the  annuity 


Acts,  1941.  — Chap.  554.  667 

savings  fund,  by  a  single  payment,  or  by  an  increased  rate 
of  contribution  over  a  period  not  to  exceed  five  years  and 
before  attaining  age  sixty,  an  amount  equal  to  the  total 
amount  which  he  previously  withdrew  therefrom  under 
section  sixteen,  with  interest  thereon.  Such  member  upon 
re-depositing  his  accumulated  deductions,  with  interest  as 
provided  in  this  section,  shall  upon  retiring  receive  credit 
for  all  the  service  represented  by  the  amount  so  re-deposited, 
including  the  benefit  of  any  prior  service.  This  section  shall 
apply  to  any  member  who  has  been  reinstated  in  the  service 
as  an  employee  during  the  year  nineteen  hundred  and  forty, 
as  well  as  to  members  thereafter  reinstated. 

Section  3.  Said  chapter  four  hundred  and  ten  is  hereby 
further  amended  by  inserting  after  section  nine  the  follow- 
ing new  section :  —  Section  9 A.  If  a  member  under  age 
sixty  ceases  to  be  an  employee,  through  no  fault  of  his  own, 
after  this  section  becomes  effective  and  after  having  com- 
pleted not  less  than  twenty  years  as  such  an  employee,  he 
may,  upon  his  own  application  or  on  application  made  in 
his  behalf,  in  lieu  of  receiving  his  accumulated  deductions, 
receive  a  retirement  allowance  to  be  computed  as  prescribed 
in  section  ten  and  an  additional  pension  of  such  an  amount 
as  will  make  his  total  annual  retirement  allowance  not  less 
than  four  hundred  and  eighty  dollars;  provided,  that  he 
has  been  a  contributing  member  to  the  Worcester  retire- 
ment system  for  a  period  of  not  less  than  ten  years  before 
such  application  is  made. 

Section  4.  Paragraph  (2)  of  section  ten  of  said  chapter 
four  hundred  and  ten,  as  amended  by  section  two  of  said  chap- 
ter three  hundred  and  forty-four,  is  hereby  amended  by  insert- 
ing after  the  word  "hundred"  in  the  sixth  line  the  words: 
—  and  fifty,  —  so  as  to  read  as  follows :  — 

(2)  The  sum  of  the  accumulations  applied  to  provide  the 
pensions  under  (6)  and  (c)  of  this  section  shall  not  exceed 
the  amount  which  at  age  sixty,  and  in  accordance  with 
paragraph  (1)  (a)  of  section  fifteen  is  sufficient  to  provide 
a  total  pension  of  six  hundred  and  fifty  dollars;  except, 
that  in  no  case  shall  the  sum  of  the  pensions  hereunder 
exceed  an  amount  which,  when  added  to  the  annual  rate  of 
annuity  payable  to  the  member  if  he  had  chosen  the  an- 
nuity provided  under  paragraph  (1)  (a)  of  section  fifteen, 
would  provide  a  total  retirement  allowance  of  one  half  the 
average  annual  rate  of  his  compensation  during  the  five 
years  prior  to  retirement,  or,  if  such  member  resigns  or  is 
dismissed  prior  to  the  date  of  retirement,  during  the  five 
years  prior  to  such  resignation  or  dismissal.  For  the  pur- 
pose of  determining  the  maximum  retirement  allowance 
under  this  section,  the  rate  of  compensation  received  by  a 
member  on  the  date  immediately  preceding  a  period  of  ab- 
sence without  pay  shall  be  used  as  the  rate  of  pay  which  he 
would  have  received  during  such  absence  without  pay. 

Section  5.  Section  thirteen  of  said  chapter  four  hundred 
and  ten  is  hereby  amended  by  adding  at  the  end  the  follow- 


668  Acts,  1941.  — Chap.  555. 

ing: —  ;  and  provided,  further, 'that  the  application  for  re- 
tirement for  accidental  disability  shall  have  been  made  in 
writing  to  the  retirement  board  not  later  than  two  years 
after  the  occurrence  of  the  accident,  or  that  such  disability 
is  the  natural  and  proximate  result  of  an  accident  which 
occurred  more  than  two  years  prior  to  such  application, 
which  accident  was  reported  in  writing  to  the  board  or  to 
his  department  head  by  the  member  or  a  person  acting  in 
his  behalf  within  ninety  days  after  the  occurrence  of  such 
accident,  —  so  as  to  read  as  follows:  —  Section  13.  Retire- 
ment for  accidental  disability  shall  be  made  by  the  retire- 
ment board  upon  the  application  of  the  head  of  the  depart- 
ment in  which  the  member  is  employed  or,  of  the  member 
-or  of  a  person  acting  in  his  behalf,  stating  that  said  member 
is  physically  or  mentally  incapacitated  for  the  performance 
of  duty  as  the  result  of  an  accident  occurring  during  the 
performance  and  within  the  scope  of  his  duty  and,  certify- 
ing the  time,  place  and  conditions  of  such  service  performed 
by  said  member  resulting  in  such  alleged  disability,  and  that 
such  alleged  disability  was  not  the  result  of  contributory 
negligence  on  the  part  of  said  member  and  that  he  ought  to 
be  retired;  provided,  that  the  medical  board  after  examina- 
tion shall  report  that  said  member  is  physically  or  mentally 
incapacitated  for  the  performance  of  duty  as  a  natural  and 
proximate  result  of  an  accident  occurring  in  the  performance 
and  within  the  scope  of  his  duty,  and  that  such  disability 
is  not  the  result  of  contributory  negligence  on  the  part  of 
said  member,  and  "that  said  member  should  be  retired;  and 
provided,  further,  that  the  application  for  retirement  for 
accidental  disability  shall  have  been  made  in  writing  to  the 
retirement  board  not  later  than  two  years  after  the  occur- 
rence of  the  accident,  or  that  such  disability  is  the  natural 
and  proximate  result  of  an  accident  which  occurred  more 
than  two  years  prior  to  such  appUcation,  which  accident 
was  reported  in  writing  to  the  board  or  to  his  department 
head  by  the  member  or  a  person  acting  in  his  behalf  within 
ninety  days  after  the  occurrence  of  such  accident. 

Approved  July  29,  1941. 


Chap.555  An  Act  relative  to  the  regulation  and  supervision 

OF   WIRES   IN   THE   TOWN   OF   BROOKLINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and*  sixty-six  of  the 
acts  of  eighteen  hundred  and  ninety-five  is  hereby  repealed. 

Section  2.  Whoever  owns  or  operates  a  line  of  wires 
over  or  under  streets  or  buildings  in  the  town  of  Brookline 
shall  use  only  strong  and  proper  wires  safely  attached  to 
strong  and  sufficient  supports  and  insulated  at  all  points 
of  attachment;  shall  remove  all  wires  the  use  of  which  has 
been  abandoned;  shall  properly  insulate  every  wire  where 
it  enters  a  building,  and,  if  such  wire  is  other  than  a  wire 
designed  to  carry  an  electric  light,  heat  or  power  current, 


Acts,  1941.  — Chap.  555.  669 

shall  attach  to  it  at  a  proper  point  in  the  circuit,  near  the 
place  of  entering  the  building,  and  so  situated  as  to  avoid 
danger  from  fire,  an  appliance  adapted  at  all  times  to  pre- 
vent a  current  of  electricity  of  such  intensity  or  volume  as 
to  be  capable  of  injuring  electrical  instruments  or  of  caus- 
ing fire  from  entering  the  building  by  means  of  such  wire 
bej^ond  the  point  at  which  such  appliance  is  attached;  and 
shall  properly  insulate  every  wire  within  a  building  designed 
to  carry  an  electric  light,  heat  or  power  current. 

Section  3.  Such  person  shall  plainly  mark  each  pole, 
pier,  abutment  or  other  fixture  supporting  wires  or  cables 
containing  wires  over  streets  or  buildings  with  the  name  or 
initials  of  the  owner  of  such  pole,  pier,  abutment  or  other 
fixture.  Wherever  cross  arms  or  other  appHances  for  the 
support  of  wires  or  cables  belonging  to  different  owners  are 
attached  to  the  same  pole,  pier,  abutment  or  other  fixture, 
every  such  cross  arm  or  other  appliance  shall  plainly  be  tagged 
or  marked  with  the  name  or  initials  of  the  owner  thereof. 
Wherever  wires  or  cables  belonging  to  different  owners  are 
attached  to  the  same  cross  arm  or  other  appliances  for  the 
support  of  wires  or  cables,  every  wire  or  cable  shall  be  tagged 
or  marked  with  the  name  or  initials  of  the  owner  at  or  near 
its  point  of  attachment  to  such  cross  arm  or  other  appH- 
ance.  No  such  tag  or  mark  shall  be  required  for  the  wires, 
poles,  piers,  abutments  and  other  fixtures  of  a  street  railway 
or  electric  railroad  company,  except  for  its  feed  wires  sup- 
ported by  poles  carrying  wires  or  cables  belonging  to  another 
owner,  and  for  its  poles  supporting  wires  or  cables  belonging 
to  another  owner,  and  for  poles  belonging  jointly  to  the 
street  railway  company  and  another  owner. 

Section  4.  Said  town  shall,  by  by-law,  provide  for  the 
appointment  by  its  selectmen  of  an  inspector  or  inspectors 
of  wires  who  shall  be  chosen  from  or  be  under  the  general 
direction  and  supervision  of  such  town  officer  or  officers  as 
said  selectmen  may  determine.  If  more  than  one  inspector 
of  wires  be  appointed,  the  duties  and  responsibiUties  of  such 
inspectors  shall  be  divided  among  them  as  said  selectmen 
may  order.  Such  inspector  or  inspectors  shall  supervise 
every  wire  over  or  under  streets  or  buildings  in  said  town 
and  every  wire  within  a  building  designed  to  carry  an  elec- 
tric fight,  heat  or  power  current;  shall  notify  the  person 
owning  or  operating  any  such  wire  whenever  its  attachments, 
insulation,  supports  or  appliances  are  improper  or  unsafe, 
or  whenever  the  tags  or  marks  thereof  are  insufficient  or 
illegible;  shall,  at  the  expense  of  said  town,  remove  every 
wire  the  use  of  which  has  been  abandoned  and  every  wire 
not  tagged  or  marked  as  hereinbefore  required,  and  shall 
see  that  all  laws,  by-laws,  rules  and  regulations  relative  to 
wires  are  strictly  enforced.  Said  town  msiy  recover  in  con- 
tract of  the  owner  of  any  such  wire  so  removed  the  expense 
which  it  has  incurred  for  the  removal  thereof. 

Section  5.  The  supreme  judicial  or  superior  court  shall 
have  jurisdiction  in  equity,  upon  petition  of  an  inspector 


670 


Acts,  1941.  — Chap.  556. 


appointed  as  aforesaid,  to  enforce  sections  two  to  four,  in- 
clusive, and  to  restrain  the  use  or  maintenance,  or  to  cause 
the  removal,  of  any  wire,  pole  or  other  support  erected, 
maintained  or  used  in  violation  of  any  provision  of  said 
sections. 

Section  6.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Brookline  by  a  majority  vote  of 
the  town  meeting  members  present  and  voting  thereon  at 
a  limited  town  meeting  called  for  the  purpose  within  one 
year  following  the  passage  of  this  act,  but  not  otherwise. 

Approved  July  29,  1941. 


Chap.55Q  An  Act  to  establish  congressional  districts. 


G.  L.  (Ter. 
Ed.),  57,  §  1, 
amended. 


Common- 
wealth di- 
vided into 
fourteen  con- 
gressional 
districts. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-seven  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  one,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  1.  For  the  purpose  of  electing  representatives 
in  the  Congress  of  the  United  States,  until  otherwise  pro- 
vided by  law,  the  commonwealth  is  divided  into  the  follow- 
ing fourteen  districts,  each  of  which  shall  elect  one  repre- 
sentative : 

Number  One,  —  Consisting  of  the  cities  and  towns  in 
Berkshire  county;  the  towns  in  Frankhn  county;  Blandford, 
Chester,  Granville,  Holyoke,  Montgomery,  Russell,  South- 
wick,  Tolland  and  Westfield  in  Hampden  county;  Belcher- 
town,  Chesterfield,  Cummington,  Goshen,  Huntington, 
Middlefield,  Pelham,  Plainfield,  Southampton,  Westhamp- 
ton,  WiUiamsburg  and  Worthington  in  Hampshire  county; 
and  Athol,  Petersham,  PhilHpston,  Royalston  and  Temple- 
ton  in  Worcester  county. 

Number  Two,  —  Consisting  of  Agawam,  Brimfield,  Chico- 
pee,  East  Longmeadow,  Hampden,  Holland,  Longmeadow, 
Ludlow,  Monson,  Springfield,  Wales,  West  Springfield  and 
Wilbraham  in  Hampden  countj^;  and  Amherst,  Easthamp- 
ton,  Granby,  Hadley,  Hatfield,  Northampton  and  South 
Hadley  in  Hampshire  county. 

Number  Three,  —  Consisting  of  Ashburnham,  Barre, 
Blackstone,  Bolton,  Brookfield,  Charlton,  CUnton,  Douglas, 
Dudley,  East  Brookfield,  Fitchburg,  Gardner,  Hardwick, 
Harvard,  Hubbardston,  Lancaster,  Leicester,  Leominster, 
Lunenburg,  Milford,  Millbury,  Millville,  New  Braintree, 
Northbridge,  North  Brookfield,  Oakham,  Oxford,  Paxton, 
Princeton,  Rutland,  Southbridge,  Spencer,  Sturbridge, 
Sutton,  Upton,  Uxbridge,  Warren,  Webster,  West  Brook- 
field, Westminster  and  Winchendon  in  Worcester  county; 
Ware  in  Hampshire  county;  Palmer  in  Hampden  county; 
and  Hudson,  Marlborough,  Maynard,  Shirley  and  Stow  in 
Middlesex  county. 

Number  Four,  —  Consisting  of  Auburn,  BerHn,  Boylston, 
Grafton,  Holden,  Northborough,  Shrewsbury,  Southborough, 


Acts,  1941. —  Chap.  556.  671 

Sterling,  Westborough,  West  Boylston  and  Worcester  in 
Worcester  county;  and  Ashland,  Framingham,  Hopkinton, 
Sudbury,  Waltham,  Wayland  and  Weston  in  Middlesex 
county. 

Number  Five,  ^  Consisting  of  Acton,  Arlington,  Ashby, 
Ayer,  Bedford,  Belmont,  Billerica,  Boxborough,  Burlington, 
Carlisle,  Chelmsford,  Concord,  Dracut,  Dunstable,  Groton, 
Lexington,  Lincoln,  Littleton,  Lowell,  Pepperell,  Tewksbury, 
Townsend,  Tyngsborough,  Watertown,  Westford,  Wilming- 
ton, Winchester  and  Woburn  in  Middlesex  county;  and 
Andover  in  Essex  county. 

Number  Six,  —  Consisting  of  Amesbury,  Beverly,  Box- 
ford,  Danvers,  Essex,  Georgetown,  Gloucester,  Groveland, 
Hamilton,  Haverhill,  Ipswich,  wards  numbered  two  and  three 
in  Lynn,  Manchester,  Marblehead,  Merrimac,  Methuen, 
Newbury,  Newburyport,  Rockport,  Rowley,  Salem,  Salis- 
bury, Swampscott,  Topsfield,  Wenham  and  West  Newbury 
in  Essex  county. 

Number  Seven,  —  Consisting  of  Lawrence,  wards  num- 
bered one,  four,  five,  six  and  seven  in  Lynn,  Middleton,  Na- 
hant,  North  Andover  and  Peabody  in  Essex  county;  and 
Chelsea,  Revere  and  Winthrop  in  Suffolk  county. 

Number  Eight,  —  Consisting  of  Lynnfield  and  Saugus  in 
Essex  county;  Everett,  Maiden,  Medford,  Melrose,  North 
Reading,  Reading,  wards  numbered  four,  five,  six  and  seven 
in  Somerville,  Stoneham  and  Wakefield  in  Middlesex  county. 

Number  Nine,  —  Consisting  of  the  towns  in  Barnstable 
county;  Acushnet,  Dartmouth,  Fairhaven,  ward  numbered 
six  in  Fall  River,  New  Bedford  and  Westport  in  Bristol 
county;  the  towns  in  Dukes  county;  Nantucket  in  Nan- 
tucket county;  Cohasset  in  Norfolk  county;  and  Abington, 
Bridgewater,  Carver,  Duxbury,  East  Bridgewater,  Halifax, 
Hanover,  Hanson,  Hingham,  Hull,  Kingston,  Lakeville, 
Marion,  Marshfield,  Mattapoisett,  Middleborough,  Norwell, 
Pembroke,  Plymouth,  Plympton,  Rochester,  Rockland, 
Scituate,  Wareham,  West  Bridgewater  and  Whitman  in 
Plymouth  county. 

Number  Ten,  - —  Consisting  of  Newton  in  Middlesex 
county  and  Brookline  in  Norfolk  county;  and  wards  num- 
bered four,  five,  ten,  twelve,  nineteen,  twenty  and  twenty- 
ong  in  Boston  in  Suffolk  county. 

Number  Eleven,  —  Consisting  of  wards  numbered  one, 
two,  three  and  twenty-two  in  Boston  in  Suffolk  county;  and 
Cambridge  and  wards  numbered  one,  two  and  three  in 
Somerville  in  Middlesex  county. 

Number  Twelve,  —  Consisting  of  wards  numbered  six, 
seven,  eight,  nine,  eleven,  thirteen,  fourteen,  fifteen,  sixteen 
and  seventeen  in  Boston  in  Suffolk  county. 

Number  Thirteen,  —  Consisting  of  Avon,  Braintree,  Can- 
ton, Dedham,  Holbrook,  Milton,  Needham,  Norwood, 
Quincy,  Randolph,  West  wood  and  Weymouth  in  Norfolk 
county;  Brockton  in  Plymouth  county;  and  ward  num- 
bered eighteen  in  Boston  in  Suffolk  county. 


672  Acts,  1941.  — Chaps.  557,  558. 

Number  Fourteen,  —  Consisting  of  Attleboro,  Berkley, 
Dighton,  Easton,  wards  numbered  one,  two,  three,  four,  five, 
seven,  eight  and  nine  in  Fall  River,  Freetown,  Mansfield, 
North  Attleborough,  Norton,  Raynham,  Rehoboth,  Seekonk, 
Somerset,  Swansea  and  Taunton  in  Bristol  county;  Belling- 
ham,  Dover,  Foxborough,  Franklin,  Medfield,  Medway, 
MilHs,  Norfolk,  Plainville,  Sharon,  Stoughton,  Walpole, 
Wellesley  and  Wrentham  in  Norfolk  county;  HolUston, 
Natick  and  Sherborn  in  Middlesex  county;  and  Hopedale 
and  Mendon  in  Worcester  count3^ 

Approved  July  29,  1941. 


Chap. 557  An  Act  further  continuing  the  sherman  rest  home  in 

EXISTENCE    FOR    CERTAIN    PURPOSES. 

Emergency  Wheretts,  The  existence  of  the  Sherman  Rest  Home,  a 

pream  e.  charitable  corporation  which  was  revived  and  temporarily 
continued  in  existence  by  chapter  three  hundred  and  twenty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-nine,  will 
shortly  terminate,  but  the  circumstances  and  conditions 
which  made  advisable  the  enactment  of  said  provisions  still 
continue,  and  it  is  accordingly  desirable  that  the  existence 
of  said  corporation  be  further  continued  without  interrup- 
tion ;  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: 

Sherman  Rest  Home,  a  charitable  corporation  which  was 
revived  and  continued  by  chapter  three  hundred  and  twenty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-nine  for  the 
sole  purposes  of  selling  and  conveying  title  to  certain  prop- 
erty situated  in  the  city  of  Chicopee  and  of  distributing  the 
proceeds  and  all  other  funds  held  in  its  name  to  those  entitled 
thereto,  is  hereby  continued  for  a  further  period  of  one  year 
in  order  to  complete  the  carrying  out  of  said  purposes. 

Approved  July  30,  1941. 

Chap.558  An  Act  relative  to  the  filing  in  the  city  of  Cambridge 

BY     CANDIDATES     FOR     ELECTION     TO     MUNICIPAL     OFFICE 
therein   OF   CERTAIN    STATEMENTS   AND    PETITIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
one  hundred  and  ten  of  chapter  forty-three  of  the  General 
Laws  limiting  the  period  within  which  certain  statements 
and  petitions  shall  be  filed  with  the  city  clerk  of  a  city,  in 
the  city  of  Cambridge  while  such  city  remains  under  the 
provisions  of  Plan  E,  so  called,  such  statements  and  peti- 
tions shall  be  so  filed  at  least  twenty-one  week  days  prior  to 
any  regular  municipal  election  in  said  city. 

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

Approved  July  30,  1941- 


Acts,  1941.  — Chaps.  559,  560.  673 


An  Act  repealing  certain  purported  limitations  on  Chap. 559 

THE    investigating    POWERS    OF   THE    CIVIL   SERVICE    COM- 
MISSION AND  THE  DIRECTOR  OF  CIVIL  SERVICE. 

Whereas,  Certain  recent  incidents  indicate  that  police  and  ^^'^^^^1^*'^ 
fire  departments  should  not  be  exempted  from  the  investi- 
gating powers  of  the  civil  service  commission  and  the  direc- 
tor of  civil  service  and  that  there  is  danger  that  a  claim  of 
such  exemption  may  be  made  before  the  time  when  this  act 
would  take  effect  under  the  constitution  unless  declared  to 
be  an  emergency  law;  therefore,  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  thirty-five  of  chapter  thirty-one  of  the  General  gj^-^pj-og 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  repealed', 
repealed.  Approved  July  30,  1941. 

An  Act  authorizing  the  town  of  adams  to  reduce  the  Chap. 560 

NUMBER    OF    TOWN    MEETING    MEMBERS    REQUIRED    FOR    A 
quorum   for  DOING   BUSINESS   IN   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  two  hundred  and 
thirty-five  of  the  acts  of  nineteen  hundred  and  thirty-five, 
as  amended  by  section  one  of  chapter  thirty-three  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  further 
amended  by  striking  out,  in  the  seventeenth  line  as  appear- 
ing in  said  chapter  two  hundred  and  thirty-five,  the  words 
"One  hundred"  and  inserting  in  place  thereof  the  word:  — 
Eighty-five,  —  so  as  to  read  as  follows:  —  Section  3.  Any 
representative  town  meeting  held  under  the  provisions  of 
this  act,  except  as  otherwise  provided  herein,  shall  be  limited 
to  the  voters  elected  under  section  two,  together  with  the 
following,  designated  as  town  meeting  members  at  large,  ex 
officiis;  namely,  any  member  of  the  general  court  of  the 
commonwealth  who  is  a  resident  of  the  town,  the  moderator, 
the  town  clerk,  the  selectmen,  the  town  treasurer,  the  town 
counsel,  the  chairman  of  the  trustees  of  the  public  library, 
the  chairman  of  the  board  of  cemetery  commissioners,  the 
school  committee,  the  board  of  assessors,  the  board  of 
health,  the  tax  collector  and  the  members  of  the  finance 
committee.  The  town  clerk  shall  notify  the  town  meeting 
members  of  the  time  and  place  at  which  representative  town 
meetings  are  to  be  held,  the  notices  to  be  sent  by  mail  at 
least  seven  days  before  the  meeting.  The  town  meeting 
members,  as  aforesaid,  shall  be  the  judges  of  the  election 
and  qualifications  of  their  members.  Eighty-five  town 
meeting  members  shall  constitute  a  quorum  for  doing  busi- 
ness; but  a  less  number  may  organize  temporarily  and  may 
adjourn  from  time  to  time.     Notice  of  every  adjourned 


674  Acts,  1941.  — Chap.  561. 

representative  town  meeting  shall  be  posted  by  the  town 
clerk  in  five  or  more  public  places  in  the  town,  and  he  shall 
notify  the  members  by  mail  of  the  adjournment  at  least 
twenty-four  hours  before  the  time  of  the  adjourned  repre- 
sentative town  meeting.  The  notices  shall  state  briefly  the 
business  to  be  acted  upon  at  any  meeting  and  shall  include 
notice  of  any  proposed  reconsideration.  All  town  meetings 
shall  be  public.  The  town  meeting  members  as  such  shall 
receive  no  compensation.  Subject  to  such  conditions  as  may 
be  determined  from  time  to  time  by  the  representative  town 
meeting,  any  voter  of  the  town  who  is  not  a  town  meeting 
member  may  speak  at  any  representative  town  meeting,  but 
shall  not  vote.  A  town  meeting  member  may  resign  by  filing 
a  written  resignation  with  the  town  clerk,  and  such  resig- 
nation shall  take  effect  upon  the  date  of  such  filing.  No 
elected  member  whose  official  position  entitles  him  to  be  a 
member  at  large  shall  act  as  a  member  at  large  during  such 
times  as  he  remains  an  elected  member.  A  town  meeting 
member  who  removes  from  the  town  shall  cease  to  be  a  town 
meeting  member  and  an  elected  town  meeting  member  w^ho 
removes  from  one  precinct  to  another  or  is  so  removed  by  a 
revision  of  precincts  shall  not  retain  membership  after  the 
next  annual  election. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
the  town  of  Adams  at  its  annual  town  meeting  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  for  the  election  of  town  officers  at  said  meeting :  — 
"Shall  an  act  passed  by  the  general  court  in  the  year  nine- 
teen hundred  and  forty-one,  entitled  'An  Act  authorizing 
the  town  of  Adams  to  reduce  the  number  of  town  meeting 
members  reqiu'red  for  a  quorum  for  doing  business  in  said 
town',  be  accepted?"  If  a  majority  of  the  votes  cast  in 
answer  to  said  question  is  in  the  affirmative,  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  July  SO,  1941- 


Chap.bQl  An  Act  extending  to  former  patients  of  county  and 

STATE  HOSPITALS  AND  SANATORIA  THE  ADVANTAGES  OF 
correspondence  COURSES  FREE  OF  CHARGE  FOR  A  CER- 
TAIN   PERIOD. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SectloR  SBVcn  of  chapter  sixty-nine  of  the  General  Laws, 

ftt!  amended,  as  most  recently  amended  by  section  six  of  chapter  three 
hundred  and  fifty-one  of  the  acts  of  the  current  year,  and 
as  affected  by  chapter  two  hundred  and  seventy-two  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  further 
amended  by  inserting  before  the  last  sentence  the  following 
new  sentence: — The  department  may  also  furnish  corre- 
spondence courses,  free  of  charge,  to  former  inmates  of  any 
of  said  county  or  state  hospitals  or  sanatoria,  for  a  period  of 


Acts,  1941.  — Chap.  562.     •  675 

one  year  immediately  following  their  discharge  therefrom; 
provided,  that  such  courses  shall  be  furnished  only  for  the 
purpose  of  completing  correspondence  courses  in  which  said 
former  inmates  had  enrolled  prior  to  their  discharge,  —  so 
as  to  read  as  follows :  —  Section  7.  The  department  may  University 
co-operate  with  existing  institutions  of  learning  in  the  es-  corrMpondelfce 
tablishment  and  conduct  of  university  extension  and  corre-  courses. 
spondence  courses;  maj^  supervise  the  administration  of  all 
such  courses  supported  in  whole  or  in  part  by  the  common- 
wealth; and  also,  where  deemed  advisable,  may  establish 
and  conduct  such  courses  for  the  benefit  of  residents  of  the 
commonwealth  and,  provided  that  the  fees  charged  exceed 
the  cost  of  service,  may  enroll  in  correspondence  courses 
such  non-residents  as  are  approved  by  the  department. 
The  department  may  offer  correspondence  courses,  free  of 
charge,  to  inmates  of  county  and  state  hospitals  and  sana- 
toria, county  and  state  correctional  institutions,  the  Tewks- 
bury  state  hospital  and  infirmary,  and  federal  hospitals  situ- 
ated within  the  commonwealth,  and  to  veterans,  as  such 
term  is  defined  in  section  twenty-one  of  chapter  thirty-one, 
who  come  within  the  class  referred  to  as  disabled  veterans 
in  section  twenty-three  of  said  chapter  thirty-one,  and  may 
permit  university  extension  courses  to  be  taken,  free  of 
charge,  by  such  veterans,  and  also  by  blind  persons  who 
have  resided  in  the  commonwealth  at  least  one  year  imme- 
diately prior  to  the  taking  of  such  courses.  The  department 
may  also  furnish  correspondence  courses,  free  of  charge,  to 
former  inmates  of  any  of  said  county  or  state  hospitals  or 
sanatoria,  for  a  period  of  one  year  immediately  following 
their  discharge  therefrom;  provided,  that  such  courses  shall 
be  furnished  only  for  the  purpose  of  completing  correspond- 
ence courses  in  which  said  former  inmates  had  enrolled  prior 
to  their  discharge.  It  may,  in  accordance  with  rules  and 
regulations  established  by  it,  grant  to  students  satisfactorily 
completing  such  courses  suitable  certificates. 

Approved  July  30,  1941. 

An  Act  regulating  the  time  for  filing  certain  state-  Chap. 662 

MENTS  BY  CANDIDATES  TO  BE  VOTED  FOR  AT  THE  PRE- 
LIMINARY election  to  BE  HELD  IN  THE  CITY  OF  FALL 
RIVER  IN  THE   YEAR  NINETEEN   HUNDRED  AND   FORTY-TWO. 

Be  it  enacted,  etc.,  as  follows: 

Statements  in  writing  of  candidates  for  elective  office  in 
the  city  of  Fall  River  may  be  filed  ten  days  prior  to  the 
preliminary  election  to  be  held  in  said  city  in  the  year  nine- 
teen hundred  and  forty-two,  notwithstanding  any  provision 
of  section  forty-four  C  of  chapter  forty-three  of  the  General 
Laws  to  the  contrary.  Approved  July  30,  1941. 


676 


Acts,  1941.  — Chaps.  563,  564. 


G.  L.  (Ter. 
Ed.).  53,  §  48, 
etc.,  amended. 


Chap.5Q3  An  Act  providing  that  no  person  shall  be  a  candi- 
date FOR  MORE  THAN  ONE  PARTY  NOMINATION  FOR  COUN- 
CILLOR  OR   REPRESENTATIVE   IN   CONGRESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-eight  of  chapter  fifty-three  of  the  General 
Laws,  as  most  recently  amended  by  section  three  of  chapter 
three  hundred  and  seventy-three  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  is  hereby  further  amended  by  in- 
serting after  the  word  "commonwealth",  in  the  third  line 
of  the  paragraph  added  by  chapter  two  hundred  and  seventy- 
two  of  the  acts  of  nineteen  hundred  and  thirty-eight,  the 
words :  —  ,  or  for  councillor  or  representative  in  congress,  — 
SO  that  said  paragraph  will  read  as  follows :  — 

There  shall  not  be  printed  on  the  ballot  at  a  state  primary 
the  name  of  any  person  as  a  candidate  for  nomination  for 
any  office  to  be  filled  by  all  the  voters  of  the  commonwealth, 
or  for  councillor  or  representative  in  congress,  unless  a  cer- 
tificate from  the  registrars  of  voters  of  the  city  or  town  where 
such  person  resides  that  he  is  enrolled  as  a  member  of  the 
political  party  whose  nomination  he  seeks  is  filed  with  the 
state  secretary  on  or  before  the  last  day  herein  provided  for 
filing  nomination  papers.  Said  registrars  shall  issue  such  a 
certificate  forthwith  upon  request  of  any  such  candidate  so 
enrolled  or  of  his  authorized  representative. 

Approved  July  30,  1941. 


Nomination 
papers  of 
candidates 
for  state  wide 
offices,  etc. 


C/iap. 564  An  Act  providing  for  the  allotment  of  certain  appro- 
priations BY  THE  governor. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  29, 
new  section 
9B,  inserted. 

Fiscal  year 
divided  into 
allotment 
periods. 


Whereas,  The  deferred  operation  of  this  act  would  unduly 
interfere  with  the  installing  of  the  allotment  system  of  appro- 
priations, so  called,  as  provided  in  this  act,  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  twenty-nine  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  nine  A  the  fol- 
lowing new  section :  —  Section  9B.  Sums  made  available  on 
and  after  December  first,  nineteen  hundred  and  forty-one, 
by  appropriation  or  otherwise,  to  executive  and  administra- 
tive offices,  departments  and  undertakings,  including  offices 
under  the  governor  and  council,  but  not  including  the  office 
of  the  governor  or  the  office  of  the  lieutenant  governor,  shall 
be  expended  only  in  such  amounts  as  may  be  allotted  as 
provided  in  this  section.  The  governor  shall  from  time  to 
time  divide  each  fiscal  year  into  allotment  periods  of  not  less 
than  one  month  nor  more  than  four  months.  He  shall,  after 
requesting  a  written  recommendation  from  the  commission 
on  administration  and  finance,  allot  to  each  such  office,  de- 
partment and  undertaking  the  amount  which  it  may  ex- 


Acts,  1941.  — Chaps.  565,  566.  677 

pend  for  each  such  period  out  of  the  sums  made  available  to 
it  by  appropriation  or  otherwise.  The  officer  in  charge  of 
each  such  office,  department  or  undertaking  shall  submit  in 
advance  to  the  budget  commissioner,  in  such  form  and  at 
such  times  as  he  shall  prescribe,  a  detailed  estimate  of  antic- 
ipated expenditures  for  each  such  allotment  period. 

Section  2.     This  act  shall  take  effect  on  September  first,  J^^«<="ve 
nineteen   hundred   and   forty-one. 

Approved  July  SO,  19/^1. 

An  Act  providing  for  the  construction  of  a  channel  Chav.5Q5 

FROM  vineyard  SOUND  TO  TASHMOO  POND  IN  THE  TOWN 
OF  TISBURY,  AND  REPEALING  CERTAIN  PROVISIONS  OF  LAW 
AUTHORIZING  SAID  TOWN  TO  CONSTRUCT  A  BRIDGE  OVER 
SAID    CHANNEL. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  inasmuch  as  the  improvements  provided  ^^^^^ 
thereby  should   be  made  without   delay;    therefore,   it  is 
hereby  declared  to  be  an  emergency  law  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Subject  to  the  conditions  herein  imposed, 
the  department  of  public  works  is  hereby  authorized  and 
directed  to  construct  a  channel,  thirty  feet  wide,  from  Vine- 
yard sound  to  Tashmoo  pond  in  the  town  of  Tisbury.  Said 
department  shall  also  construct  such  jetties  on  each  side  of 
the  entrance  of  said  channel  as  may  be  necessary  for  the  pro- 
tection of  said  channel  at  said  Vineyard  sound.  No  work 
shall  be  begun  hereunder  until  said  town  has  paid  into  the 
treasury  of  the  commonwealth  the  sum  of  seven  thousand 
dollars,  which,  together  with  such  sum,  not  exceeding  sixty- 
eight  hundred  dollars,  to  be  paid  by  the  commonwealth,  shall 
constitute  a  fund  for  the  work  herein  authorized.  Any  pay- 
ment hereunder  by  the  commonwealth  shall  be  paid  from 
item  2202-11  of  the  general  appropriation  act  of  the  current 
year. 

Section  2.  Chapter  one  hundred  of  the  acts  of  nineteen 
hundred  and  thirty-nine  is  hereby  repealed. 

Approved  July  30,  1941. 

An  Act  authorizing  the  metropolitan  district  commis-  Chap.5QQ 

SION    TO    SUPPLY    WATER    TO    THE   TOWN    OF    SAUGUS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission,  on 
the  application  of  the  town  of  Saugus,  acting  through  its 
board  of  selectmen,  may,  for  a  period  of  not  more  than  ten 
years  from  the  effective  date  of  this  act,  sell  and  deliver  water 
to  said  town  at  one  or  more  points  in  that  part  of  said  town 
near  the  city  of  Revere  which  cannot  be  conveniently  fur- 
nished with  water  by  the  water  system  of  said  town,  for  its 


678  Acts,  1941.  — Chap.  567. 

use  for  the  purpose  of  extinguishing  fires  and  for  domestic 
'        and  other  purposes. 

Section  2.  The  sale  and  deHvery  of  water  hereunder  shall 
not  constitute  said  town  a  member  of  the  metropolitan  water 
district  and  said  town  shall  be  exempt  from  the  payment  of 
the  sum  required  by  section  ten  of  chapter  ninety-two  of  the 
General  Laws  for  admission  of  towns  into  said  district.  The 
charge  for  the  water  sold  and  delivered  hereunder  and  the 
terms  and  conditions  thereof,  shall  be  such  as  are  agreed  upon 
annually  by  the  said  commission  and  selectmen,  provided, 
that  the  exemption  above  referred  to  shall  be  taken  into 
account  in  determining  such  charge. 

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

Approved  July  SO,  1941. 

Chav  567  ^^  ^^'^  relative  to  purchase  of  bonds  of  the  boston 

ELEVATED     RAILWAY     COMPANY     BY     THE     BOSTON     METRO- 
POLITAN   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  the  Boston  metropolitan 
district,  hereinafter  called  the  district,  in  the  name  and  on 
behalf  of  the  district,  may  from  time  to  time,  prior  to  October 
first,  nineteen  hundred  and  forty-seven,  if  they  deem  it  in 
the  interest  of  the  district  so  to  do,  at  the  request  of  the  board 
of  trustees  of  the  Boston  Elevated  Railway  Company, 'pur- 
chase bonds  of  the  Boston  Elevated  Railway  Company, 
hereinafter  called  the  company,  hereafter  issued  or  reissued 
under  the  authority  of  section  eighteen  of  chapter  three  hun- 
dred and  thirty-three  of  the  acts  of  nineteen  hundred  and 
thirty-one  for  the  purposes  of  paying  or  refunding  any  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  issued  or 
assumed  by  the  company  payable  at  periods  of  more  than 
one  year  from  the  date  thereof,  to  an  amount  not  exceeding 
sixteen  million  four  hundred  fifty-six  thousand  dollars,  in 
addition  to  such  purchases  heretofore  authorized.  The 
trustees  of  the  district  shall  procure  the  funds  necessary  for 
each  purchase  authorized  by  this  section  by  the  issue  of 
bonds  of  the  district  under  and  in  the  manner  provided  in 
section  ten  of  chapter  three  hundred  and  eighty-three  of  the 
acts  of  nineteen  hundred  and  twenty-nine  and  section  two 
of  chapter  one  hundred  and  forty-seven  of  the  acts  of  nine- 
teen hundred  and  thirty-two,  and  the  provisions  of  said 
-  sections  shall  apply  thereto  in  the  same  manner  and  to  the 
same  extent  as  if  such  bonds  of  the  district  were  specifically 
authorized  in  said  chapter  three  hundred  and  eighty-three; 
provided,  that  any  bonds  of  the  district  issued  under  author- 
ity of  this  act  shall  be  for  such  terms  not  less  than  fifteen 
years,  except  as  hereinafter  provided,  and  not  exceeding 
twenty-five  years  from  the  date  thereof,  and  shall  bear  inter- 
est payable  semi-annually  at  such  rates,  as  said  trustees 
of  the  district,  subject  to  the  approval  of  the  department 
of  public  utilities,  shall  from  time  to  time  determine.     Said 


Acts,  1941.  — Chap.  568.  679 

bonds  of  the  district  may  be  issued  on  either  the  sinking  fund 
or  serial  payment  plan,  and,  if  issued  on  the  serial  payment 
plan,  such  portions  of  each  issue  of  said  bonds  as  the  trustees 
of  the  district,  subject  to  like  approval,  may  determine  may 
be  for  terms  of  less  than  fifteen  years,  and  the  trustees  of  the 
district  shall  endeavor  so  to  arrange  the  maturities  of  all 
bonds  issued  on  the  serial  payment  plan  that  the  bonds 
maturing  each  year  other  than  the  final  year  will  be  met 
by  the  amounts  available  from  interest  upon  the  bonds  pur- 
chased. All  amounts  received  by  the  district  from  said  in- 
terest shall  be  applied  in  payment  of  interest  and  principal 
of  the  bonds  of  the  district  issued  hereunder  as  and  when  due, 
and  any  balance  shall  be  accumulated  in  a  sinking  fund  to 
be  used  for  such  purpose,  as  and  when  required.  All  amounts 
received  by  the  district  in  payment  of  each  such  bond  issue 
of  the  company  shall  be  applied  in  payment  of  bonds  of  the 
district  issued  hereunder  to  provide  funds  for  the  purchase 
of  such  bond  issue  and  the  balance  shall  be  accumulated  in  a 
general  sinking  fund  for  any  bonds  of  the  district  then  out- 
standing. Said  sinking  funds  shall  be  invested  as  provided 
in  section  eleven  of  said  chapter  three  hundred  and  eighty- 
three. 

Section  2.  Each  bond  issue  of  the  company  so  purchased 
shall  be  for  the  same  term  as  the  term  of  the  last  maturing 
bonds  of  the  district  issued  to  provide  funds  for  the  purchase 
of  such  bond  issue  of  the  company,  and  shall  bear  interest 
payable  semi-annually  at  a  rate  two  per  cent  higher  than  the 
rate  payable  upon  said  bonds  of  the  district.  In  the  event 
that  said  bonds  of  the  district  are  sold  at  a  premium  above  or 
a  discount  below  par,  the  bond  issue  of  the  company  pur- 
chased with  the  proceeds  thereof  shall  be  purchased  by  the 
district  at  the  same  premium  above  or  discount  below  par. 
Said  bonds  of  the  company,  both  as  to  income  and  principal, 
are  hereby  made  exempt  from  all  taxes  levied  under  authority 
of  the  commonwealth  while  held  by  the  district  and  shall 
contain  a  recital  to  such  effect.  Said  bonds  of  the  company 
shall  not  be  disposed  of  by  the  district  without  authority  of 
the  general  court.  The  proceeds  of  said  bonds  of  the  com- 
pany shall  be  used  by  it  only  for  the  purposes  hereinbefore 
set  forth. 

Section  3.  The  company  shall  reimburse  the  district, 
at  the  request  of  the  trustees  thereof,  ior  all  expenses  inci- 
dental to  the  authorization,  preparation,  issue,  registration 
and  payment  of  interest  and  principal  of  the  aforesaid  bonds 
of  the  district.  Approved  July  30,  1941. 

An  Act  establishing  the  charlton  water  district  in  (Jhnr)  568 

THE   TOWN    OF   CHARLTON.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Charlton, 
liable  to  taxation  in  said  town  and  residing  within  the  ter- 
ritory comprised  within  the  following  boundary  lines,   to 


680  Acts,  1941.  — Chap.  568. 

wit :  —  beginning  at  a  point  on  the  northerly  side  line  of 
Route  20  located  five  hundred  feet  west  of  its  intersection 
with  the  westerly  side  line  of  Sullivan  road,  thence  northerly 
about  fifty-four  hundred  feet  to  the  intersection  of  the 
northerly  line  of  Brookfield  road  and  the  westerly  line  of 
Osgood  road,  thence  southeasterly  approximately  ten  thou- 
sand seven  hundred  feet  to  a  point  on  the  westerly  side  line 
of  Stevens  road  a  distance  of  five  hundred  feet  north  of  its 
intersection  with  the  north  line  of  Route  20,  thence  south- 
easterly approximately  fifty-four  hundred  feet  to  a  point 
on  the  northerly  side  line  of  Muggett  Hill  road  a  distance  of 
three  thousand  feet  east  of  the  intersection  of  the  east  line 
of  Freeman  road,  projected,  thence  southerly  a  distance 
of  approximately  sixteen  hundred  feet  to  a  point,  thence 
westerly  a  distance  of  approximately  forty-two  hundred  feet 
to  a  point  on  the  westerly  side  line  of  Dudley  road  at  its 
intersection  with  the  northerly  line  of  Flint  road,  thence 
northwesterly  a  distance  of  approximately  eleven  thousand 
one  hundred  feet  to  the  point  of  beginning,  —  shall  consti- 
tute a  water  district  and  are  hereby  made  a  body  corporate 
by  the  name  of  the  Charlton  Water  District,  hereinafter 
called  the  district,  for  the  purpose  of  supplying  themselves 
with  water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes,  with  power  to  establish  fountains  and 
hydrants  and  to  relocate  and  discontinue  the  same,  to  regu- 
late the  use  of  such  water  and  to  fix  and  collect  rates  to  be 
paid  therefor,  and  for  the  purposes  of  assessing  and  raising 
taxes  as  provided  herein  for  the  payment  of  such  services, 
and  for  defraying  the  necessary  expenses  of  carrying  on  the 
business  of  said  district,  subject  to  all  general  laws  now  or 
hereafter  in  force  relating  to  such  districts,  except  as  other- 
wise provided  herein.  The  district  shall  have  power  to 
prosecute  and  defend  all  actions  relating  to  its  property 
and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district,  act- 
ing by  and  through  its  board  of  water  commissioners  herein- 
after provided  for,  may  contract  with  the  metropolitan 
district  commission  for  a  supply  of  water  from  the  metro- 
politan water  system  in  the  same  manner  as  is  provided  by 
section  ten  of  chapter  ninety-two  of  the  General  Laws  for 
such  a  supply  of  water  for  towns  which  have  not  been  ad- 
mitted into  the  metropolitan  water  district.  If,  however, 
the  metropolitan  district  commission  and  the  department  of 
public  health  notify  said  board  of  water  commissioners  in 
writing  that  it  is  not  feasible  for  the  district  to  procure  a 
supply  of  water  from  the  metropolitan  water  system,  the 
district,  acting  as  aforesaid  may  contract  with  the  city  of 
Worcester,  acting  through  its  water  department,  for  what- 
ever water  may  be  required,  authority  to  furnish  the  same 
being  hereby  granted,  and  may  take  by  eminent  domain 
under  chapter  seventy-nine  or  chapter  eighty  A  of  the 
General  Laws,  or  acquire  by  lease,  purchase  or  otherwise, 
and  hold,  the  waters,  or  any  portion  thereof,  of  any  pond, 


Acts,  1941. —  Chap.  568.  681 

spring  or  stream,  or  of  any  ground  sources  of  supply  by 
means  of  driven,  artesian  or  other  wells,  within  the  town  of 
Charlton  not  already  appropriated  for  the  purposes  of  a 
public  supply,  and  the  water  and  flowage  rights  connected 
with  any  such  water  sources;  and  for  said  purposes  may 
take  as  aforesaid,  or  acquire  by  purchase  or  otherwise,  and 
hold,  all  lands,  rights  of  way  and  other  easements  necessary 
for  collecting,  storing,  holding,  purifying  and  preserving  the 
purity  of  the  water  and  for  conveying  the  same  to  any  part 
of  the  district;  provided,  that  no  source  of  water  supply 
or  lands  necessary  for  preserving  the  quality  of  the  water 
shall  be  so  taken  or  used  without  first  obtaining  the  advice 
and  approval  of  the  department  of  public  health,  and  that 
the  location  and  arrangement  of  all  dams,  reservoirs,  springs, 
wells,  pumping,  purification  and  filtration  plants  and  such 
other  works  as  may  be  necessary  in  carrying  out  the  pro- 
visions of  this  act  shall  be  subject  to  the  approval  of  said 
department.  The  district  may  construct  and  maintain  on 
the  lands  acquired  and  held  under  this  act  proper  dams, 
wells,  springs,  reservoirs,  standpipes,  tanks,  pumping  plants, 
buildings,  fixtures  and  other  structures  including  also  the 
establishment  and  maintenance  of  filter  beds  and  purifica- 
tion works  or  systems,  and  may  make  excavations,  procure 
and  operate  machinery  and  provide  such  other  means  and 
appliances,  and  do  such  other  things  as  may  be  necessary 
for  the  estabhshment  and  maintenance  of  complete  and 
effective  water  works;  and  for  that  purpose  may  construct 
pipe  lines,  wells  and  reservoirs  and  establish  pumping  works, 
and  may  construct,  lay,  acquire  and  maintain  aqueducts, 
conduits,  pipes  and  other  works  under  or  over  any  land, 
water  courses,  railroads,  railways  and  public  or  other  ways, 
and  along  such  ways,  in  said  town,  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  aqueducts,  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  the  district  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  ways;  provided,  that  the  manner  in  which  all  things 
are  done  upon  any  such  way  shall  be  subject  to  the  direction 
of  the  selectmen  of  the  town  of  Charlton.  The  district  shall 
not  enter  upon,  or  construct  or  lay  any  conduit,  pipe  or 
other  works  within,  the  location  of  any  railroad  corporation 
except  at  such  time  and  in  such  manner  as  it  may  agree 
upon  with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  department  of  public  utilities. 
The  district  may  enter  upon  any  lands  for  the  purpose  of 
making  surveys,  test  wells  or  pits  and  borings,  and  may 
take  or  otherwise  acquire  the  right  to  occupy  temporarily 
any  lands  necessary  for  the  construction  of  any  work  or  for 
any  other  purpose  authorized  by  this  act. 

Section  3.    Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 


682  Acts,  1941.  — Chap.  568. 

under  authority  thereof  may  recover  such  damages  from 
the  district  under  said  chapter  seventj^-nine  or  said  chapter 
eighty  A;  but  the  right  to  damages  for  the  taking  of  any 
water,  water  right  or  water  source,  or  for  any  injury  thereto, 
shall  not' vest  until  water  is  actually  withdrawn  or  diverted 
under  authority  of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  this  act,  other  than  ex- 
penses of  maintenance  and  operation,  the  district  may  bor- 
row from  time  to  time  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,  Charlton  Water  District  Loan,  Act  of 
1941.  Each  authorized  issue  shall  constitute  a  separate 
loan,  and  such  loans  shall  be  payable  in  not  more  than  thirty 
years  from  their  dates.  Indebtedness  incurred  under  this 
act  shall  be  subject  to  the  provisions  of  chapter  forty-four 
of  the  General  Laws  pertaining  to  such  districts. 

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

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

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  supply 
under  this  act  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  such  estate  is  so  situ- 
ated that  it  can  receive  no  aid  in  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  if  such  estate  is  so 
situated  that  the  buildings  thereon,  or  the  buildmgs  that 
might  be  constructed  thereon,  could  not  be  supplied  with 
water  from  said  system  in  any  ordinary  or  reasonable  man- 
ner; but  all  other  estates  in  the  district  shall  be  deemed  to 
be  benefited  and  shall  be  subject  to  such  tax.    A  certified 


Acts,  1941.  — Chap.  568.  683 

list  of  the  estates  exempt  from  taxation  under  the  provisions 
of  this  section  shall  annually  be  sent  by  said  board  of  water 
commissioners  to  said  assessors,  at  the  same  time  at  which 
the  clerk  shall  send  a  certified  copy  of  the  vote  as  aforesaid. 
The  assessment  shall  be  committed  to  the  town  collector, 
who  shall  collect  said  tax  in  the  manner  provided  by  law 
for  the  collection  of  town  taxes,  and  shall  deposit  the  pro- 
ceeds thereof  with  the  district  treasurer  for  the  use  and  bene- 
fit of  the  district.  The  district  may  collect  interest  on  over- 
due taxes  in  the  manner  in  which  interest  is  authorized  to 
be  collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory  in- 
cluded within  the  boundaries  set  forth  in  section  one  to  be 
held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  qualifica- 
tion of  a  majority  of  the  water  commissioners,  shall  be  called, 
on  petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,*  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  preside  at  such  meeting 
until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  preside 
until  a  moderator  is  chosen.  At  any  meeting  held  hereunder 
prior  to  the  acceptance  of  this  act,  after  the  choice  of  a  mod- 
erator for  the  meeting  the  question  of  the  acceptance  of  this 
act  shall  be  submitted  to  the  voters,  and  if  it  is  accepted  by 
a  majority  of  the  voters  present  and  voting  thereon  it  shall 
thereupon  take  effect,  and  the  meeting  may  then  proceed  to 
act  on  the  other  articles  in  the  warrant..  After  the  qualifica- 
tion of  a  majority  of  the  water  commissioners,  meetings  of 
the  district  shall  be  called  by  warrant  under  their  hands, 
unless  some  other  method  be  provided  by  by-law  or  vote  of 
the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of  this 
act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meeting 
at  which  this  act  shall  have  been  accepted,  or  thereafter,  at 
an  annual  meeting  or  at  a  special  meeting  called  for  the  pur- 
pose, three  persons,  inhabitants  of  and  voters  in  said  dis- 
trict, to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years,  and  one  until  the  ex- 
piration of  one  year,  from  the  day  of  the  next  succeeding 
annual  district  meeting,  to  constitute  a  board  of  water  com- 
missioners; and  at  every  annual  district  meeting  following 
such  next  succeeding  annual  district  meeting  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  The  date  of  the  next  annual  meeting  shall  be  fixed 
by  by-law  or  by  vote  of  the  board  of  water  commissioners, 
but  in  no  event  shall  it  be  later  than  fifteen  months  subse- 
quent to  the  date  on  which  the  water  commissioners  were 
first  elected.  All  the  authority  granted  to  the  district  by 
this  act,  except  sections  four  and  five,  and  not  otherwise 


684  Acts,  1941.  — Chap.  568. 

specifically  provided  for,  shall  be  vested  in  said  board  of 
water  commissioners,  who  shall  be  subject,  however,  to  such 
instructions,  rules  and  regulations  as  the  district  maj'  by 
vote  impose.  At  the  meeting  at  which  said  water  commis- 
sioners are  first  elected  and  at  each  annual  district  meeting 
held  thereafter,  the  district  shall  elect  by  ballot,  each  for 
a  term  of  one  year,  a  clerk  and  a  treasurer  of  the  district. 
The  treasurer  shall  not  be  a  water  commissioner,  and  shall 
give  bond  to  the  district  in  such  an  amount  as  may  be  ap- 
proved by  said  water  commissioners  and  with  a  surety  com- 
pany authorized  to  transact  business  in  the  commonwealth 
as  surety.  A  majority  of  said  water  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.  Any 
vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  the  district 
at  any  legal  meeting  called  for  the  purpose.  No  money  shall 
be  drawn  from  the  treasury  of  the  district  on  account  of 
its  water  works  except  upon  a  written  order  of  said  water 
commissioners  or  a  majority  of  them. 

Section  10.  Said  board  of  water  commissioners  shall  fix 
just  and  equitable  prices  and  rates  for  the  use  of  water,  and 
shall  prescribe  the  time  and  manner  of  payment.  The  income 
of  the  water  works  shall  be  appropriated  to  defray  all  operat- 
ing expenses,  interest  charges  and  pajaiients  on  the  principal 
as  they  shall  accrue  upon  any  bonds  or  notes  issued  under 
authority  of  this  act.  If  there  should  be  a  net  surplus  re- 
maining after  providing  for  the  aforesaid  charges,  it  may  be 
appropriated  for  such  new  construction  as  said  water  com- 
missioners may  recommend,  and  in  case  a  surplus  should 
remain  after  payment  for  such  new  construction  the  water 
rates  shall  be  reduced  proportionately.  Said  water  commis- 
sioners shall  annually,  and  as  often  as  the  district  may  re- 
quire, render  a  report  upon  the  condition  of  the  works  under 
their  charge,  and  an  account  of  their  doings,  including  an 
account  of  receipts  and  expenditures. 

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

Section  12.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  well,  stand- 
pipe,  aqueduct,  pipe  or  other  property'  owned  or  used  by  the 
district  for  any  of  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  the  district  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort,  and  upon 
conviction  of  any  of  the  above  wilful  or  wanton  acts  shall  be 


Acts,  1941.  — Chap.  569.  685 

punished  by  a  fine  of  not  more  than  three  hundred  dollars 
or  by  imprisonment  for  not  more  than  one  year,  or  both. 

Section  13.  Upon  a  petition  in  writing  addressed  to 
said  board  of  water  commissioners  requesting  that  certain 
real  estate,  accurately  described  therein,  located  in  said 
town  and  abutting  on  said  district  and  not  otherwise  served 
by  a  public  water  supply  be  included  within  the  limits  thereof, 
and  signed  by  the  owners  of  such  real  estate,  or  a  major 
portion  of  such  real  estate,  said  water  commissioners  shall 
cause  a  duly  warned  meeting  of  the  district  to  be  called,  at 
which  meeting  the  voters  may  vote  on  the  question  of  in- 
cluding said  real  estate  within  the  district.  If  a  majority  of 
the  voters  present  and  voting  thereon  vote  in  the  affirmative 
the  district  clerk  shall  within  ten  days  file  with  the  town  clerk 
of  said  town  and  with  the  state,  secretary  an  attested  copy  of 
said  petition  and  vote;  and  thereupon  said  real  estate  shall 
become  and  be  part  of  the  district  and  shall  be  holden  under 
this  act  in  the  same  manner  and  to  the  same  extent  as  the 
real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act  present 
and  voting  thereon,  by  the  use  of  a  check  list,  at  a  district 
meeting  called,  in  accordance  with  section  eight,  within  four 
years  after  its  passage.  Approved  July  30,  191^1. 

An  Act  relative  to  the  appointment,  qualifications  Chav  569 

AND  TERMS  OF  OFFICE  OF  THE  MEMBERS  OF  THE  BOARD 
OF  HEALTH  IN  THE  CITY  OF  FALL  RIVER. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  board  of  health  in  the  city  of  Fall  River 
shall  consist  of  seven  members,  of  whom  four  shall  be  physi- 
cians and  one  shall  be  a  member  of  the  board  of  public  wel- 
fare. Said  members  shall  be  appointed,  and  may  be  removed, 
by  the  mayor  of  said  city.  In  the  initial  appointments  of  said 
members,  which  shall  be  made  not  later  than  ninety  days 
after  the  effective  date  of  this  act,  four,  of  whom  two  shall 
be  physicians,  shall  be  appointed  to  serve  until  the  expiration 
of  two  years  from  April  first,  nineteen  hundred  and  forty- 
two,  and  three,  of  whom  two  shall  be  physicians,  shall  be 
appointed  to  serve  until  the  expiration  of  one  year  from  said 
April  first.  Thereafter,  upon  the  expiration  of  the  term  of 
office  of  a  member,  his  successor  shall  be  appointed  in  the 
manner  aforesaid  for  two  years.  Any  vacancy  in  said  board 
shall  be  filled  for  the  unexpired  term  in  the  manner  provided 
for  an  original  appointment,  except  that  when  a  vacancy 
shall  have  existed  for  a  period  of  ninety  days  the  city  council 
shall  have  full  authority  to  fill  the  same.  Upon  the  qualifi- 
cation of  a  majority  of  the  members  of  said  board  of  health 
initially  appointed  under  this  act,  the  terms  of  office  of  all 
the  members  of  the  board  of  health  in  the  city  of  Fall  River 
in  office  immediately  prior  to  such  qualification  shall  cease. 


686  Acts,  1941.  — Chap.  570. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  said  city,  but  not  otherwise.        Approved  July  SO,  1941. 

Chav.570  ^^  ^^'^  establishing  the  auburn  water  district  in  the 

TOWN    OF   AUBURN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Auburn, 
liable  to  taxation  in  said  town  and  residing  within  the  terri- 
tory comprised  within  the  following  boundary  lines,  to  wit :  — 

Beginning  at  the  city  of  Worcester  and  the  town  of  Auburn 
boundary  line  at  its  intersection  with  the  center  line  of 
Sumner  street  extended,  thence  westerly  by  the  said  bound- 
ary line  thirty- three  hundred  feet  more  or  less  to  the  eastern 
boundary  line  of  the  Boston  and  Albany  Railroad  right  of 
way  thence  southwesterly  following  the  easterly  boundary 
of  the  Boston  and  Albany  right  of  way  thirteen  thousand 
feet  more  or  less,  to  the  intersection  of  the  Webster  Branch 
of  the  Boston  and  Albany  Railroad,  thence  southerly  fol- 
lowing the  easterly  boundary  of  the  Boston  and  Albany 
Webster  Branch  right  of  way  fifty-three  hundred  feet,  more 
or  less,  to  an  intersection  of  the  Worcester  Street  Railway 
right  of  way,  thence  southwesterly  thirty-five  hundred  feet, 
more  or  less,  along  the  west  boundary  of  the  said  right  of  way 
to  a  point  on  the  Oxford  and  Auburn  boundary  line,  thence 
southeasterly,  easterly  and  northerly  by  the  boundary  lines 
between  Auburn  and  the  towns  of  Millbury  and  Oxford  to 
the  intersection  of  the  Auburn,  Millbury  and  Worcester 
boundary  lines,  thence  westerly  by  a  direct  line  seventy- 
nine  hundred  feet,  more  or  less,  to  a  point  at  the  intersection 
of  Pakachoag  street  and  Bancroft  street,  thence  northwesterly 
two  thousand  feet,  more  or  less,  to  a  stone  bound  on  Dark 
brook  being  a  southerly  bound  of  the  property  of  the  Worces- 
ter Rendering  Company,  thence  northerly  following  the 
course  of  said  brook  and  the  westerly  high  water  line  of 
Trowbridgeville  pond  in  an  irregular  course  four  thousand 
feet,  more  or  less,  to  a  bound  of  the  Woodland  Water  Dis- 
trict, thence  south  twenty-one  degrees  three  minutes  west 
four  hundred  eighty-nine  and  nine  tenths  feet  more  or  less 
along  the  westerly  boundary  of  land  now  or  formerly  of 
Charles  H.  Bancroft  heirs,  thence  south  seventy-six  degrees 
eighteen  minutes  west  four  hundred  fifty-seven  and  seventy- 
eight  one  hundredths  feet  more  or  less,  thence  north  two 
degrees  forty-five  minutes  west  five  hundred  seventy-seven 
and  thirty-two  one  hundredths  feet  more  or  less,  thence 
south  sixty-nine  degrees  fourteen  minutes  west  fourteen  hun- 
dred thirteen  and  seventy-four  one  hundredths  feet  more  or 
less,  thence  north  forty  degrees  twenty-one  minutes  west 
three  hundred  ten  and  five  tenths  feet  more  or  less,  thence 
north  twenty-two  degrees  nine  minutes  east  one  hundred 
fifty  and  thirty-seven  one  hundredths  feet  more  or  less, 
thence  north  sixty-seven  degrees  fifty-one  minutes  west  one 


Acts,  1941.  — Chap.  570.  687 

hundred  forty-three  and  thirty-seven  one  hundredths  feet 
more  or  less  to  a  boundary  stone  on  the  easterly  side  of  Boyce 
street,  thence  northerly  on  the  east  bound  of  Boyce  street 
fifty-nine  and  seventy-seven  one  hundredths  feet  more  or 
less  to  a  stone  bound,  thence  north  one  degree  west  nineteen 
hundred  eighty  feet  more  or  less  to  a  bound  on  the  southerly 
side  of  Alden  street,  thence  westerly  along  the  southerly  side 
of  Alden  street  to  the  intersection  of  the  center  of  Sumner 
street,  thence  to  the  point  of  beginning,  —  shall  constitute 
a  water  district,  and  are  hereby  made  a  body  corporate  by 
the  name  of  the  Auburn  Water  District  of  Auburn,  herein- 
after called  the  district,  for  the  purpose  of  supplying  them- 
selves with  water  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes,  with  power  to  establish  foun- 
tains and  hydrants  and  to  relocate  and  discontinue  the  same, 
to  regulate  the  use  of  such  water  and  to  fix  and  collect  rates 
to  be  paid  therefor,  and  for  the  purposes  of  assessing  and 
raising  taxes  as  provided  herein  for  the  payment  of  such 
services,  and  for  defraying  the  necessary  expenses  of  carrying 
on  the  business  of  the  district,  subject  to  all  general  laws  now 
or  hereafter  in  force  relating  to  such  districts,  except  as 
otherwise  provided  herein.  The  district  shall  have  power  to 
prosecute  and  defend  all  actions  relating  to  its  property  and 
affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district, 
acting  by  and  through  its  board  of  water  commissioners 
hereinafter  provided  for,  may  contract  with  the  metropolitan 
district  commission  for  a  supply  of  water  from  the  metro- 
politan water  system  in  the  same  manner  as  is  provided  by 
section  ten  of  chapter  ninety-two  of  the  General  Laws  for 
such  a  supply  of  water  for  towns  which  have  not  been  ad- 
mitted into  the  metropolitan  water  district.  If,  however, 
the  metropolitan  d  strict  commission  and  the  department  of 
public  health  notify  said  board  of  water  commissioners  in 
writing  that  it  is  not  feasible  for  the  district  to  procure  a 
supply  of  water  from  the  metropolitan  water  system,  the 
district,  acting  as  aforesaid,  may  contract  with  the  city  of 
Worcester,  acting  through  its  water  department,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted,  and  may  take  by  eminent  domain  under 
chapter  seventy-nine  or  chapter  eighty  A  of  the  General  Laws, 
or  acquire  by  lease,  purchase  or  ■otherwise,  and  hold,  all 
lands,  rights  of  way  and  other  easements  within  the  district 
necessary  for  storing,  holding,  purifying  and  preserving  the 
purity  of  the  water  and  for  conveying  the  same  to  any  part 
of  said  district ;  provided,  that  no  lands  necessary  for  preserv- 
ing the  quality  of  the  water  shall  be  so  taken  or  used  without 
first  obtaining  the  advice  and  approval  of  the  department  of 
public  health,  and  that  the  location  and  arrangement  of  all 
dams,  reservoirs,  pumping,  purification  and  filtration  plants 
and  such  other  works  as  may  be  necessary  in  carrying  out  the 
provisions  of  this  act  shall  be  subject  to  the  approval  of  said 
department  of  public  health.    The  district  may  acquire  by 


688  Acts,  1941.  — Chap.  570. 

lease  or  purchase,  upon  such  terms  as  may  be  mutually 
agreed  upon  by  vote  of  the  district  and  the  Auburn  Water 
Company,  all  the  properties  of  said  company  within  the  dis- 
trict appurtenant  to  the  business  of  water  supply,  existing 
on  the  effective  date  of  this  act,  if  not  previously  acquired 
by  the  town  of  Auburn  under  section  eight  of  chapter  two 
hundred  and  forty-one  of  the  Special  Acts  of  nineteen  hun- 
dred and  nineteen.  In  case  of  failure  to  agree  upon  the 
terms  of  any  lease,  purchase  or  contract  made  under  author- 
ity of  this  section,  such  terms  shall,  upon  application  of 
either  party,  be  determined  by  the  department  of  public 
utilities,  whose  decision  shall  be  final.  The  district  may 
construct  and  maintain  on  the  lands  acquired  and  held  under 
this  act  proper  dams,  reservoirs,  standpipes,  tanks,  pumping 
plants,  buildings,  fixtures  and  other  structures,  including 
also  the  establishment  and  maintenance  of  filter  beds  and 
purification  works  or  systems,  and  may  make  excavations, 
procure  and  operate  machinery  and  provide  such  other  means 
and  appliances  and  do  such  other  things  as  may  be  necessary 
for  the  establishment  and  maintenance  of  complete  and 
effective  water  works;  and  for  that  purpose  may  construct 
pipe  lines  and  reservoirs  and  establish  pumping  works,  and 
may  construct,  lay,  acquire  and  maintain  aqueducts,  con- 
duits, pipes  and  other  works  under  or  over  any  land,  water 
courses,  railroads,  railways,  and  public  or  other  ways,  and 
along  such  ways,  in  the  district,  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  aqueducts,  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  the  district  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  waj^s;  provided,  that  the  manner  in  which  all  thhigs  are 
done  upon  any  such  way  shall  be  subject  to  the  direction  of 
the  selectmen  of  the  town  of  Auburn.  The  district  shall  not 
enter  upon,  construct  or  lay  any  conduit,  pipe  or  other  works 
within  the  location  of  any  railroad  corporation  except  at  such 
time  and  in  such  manner  as  it  may  agree  upon  with  such 
corporation,  or,  in  case  of  failure  so  to  agree,  as  may  be  ap- 
proved by  the  department  of  public  utilities.  The  district 
may  enter  upon  any  lands  within  the  district  for  the  purpose 
of  making  surveys,  pits  and  borings,  and  may  take  or  other- 
wise acquire  the  right  to  occupy  temporarily  any  lands  within 
the  district  necessary  for  the  construction  of  any  work  or  for 
any  other  purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from  the 
district  under  said  chapter  seventy-nine  or  said  chapter 
eighty  A;  but  the  right  to  damages  for  the  taking  of  any 
water  or  water  right,  or  for  any  injury  thereto,  shall  not  vest 
until  water  is  actually  withdrawn  or  diverted  under  authority 
of  this  act. 


Acts,  1941.  — Chap.  570.  689 

Section  4.  For  the  purpose  of  paying  the  necessary- 
expenses  and  Habihties  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may  bor- 
row from  time  to  time  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  two  hundred  and  fifty  thousand 
dollars,  and  may  issue  bonds  or  notes  therefor,  which  shall 
bear  on  their  face  the  words.  Auburn  Water  District  Loan, 
Act  of  1941.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loan  shall  be  payable  in  not  more  than 
thirty  years  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  subject  to  the  provisions  of  chapter  forty- 
four  of  the  General  Laws  pertaining  to  such  districts. 

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

Section  6.  Nothing  in  this  act  shall  authorize  the  dis- 
trict to  install  an  independent  source  of  water  supply,  nor 
to  lay  pipes  in  any  way  now  served  by  the  Auburn  Water 
Company  without  first  having  acquired  by  lease  or  purchase 
all  the  properties  of  the  Auburn  Water  Company  within  the 
district  appurtenant  to  the  business  of  water  supply,  existing 
on  the  effective  date  of  this  act,  if  not  previously  acquired 
by  the  town  of  Auburn  as  aforesaid,  upon  such  terms  as  may 
be  mutually  agreed  upon  by  vote  of  the  district  and  the  com- 
pany. In  case  of  failure  so  to  agree,  the  department  of  pub- 
lic utilities  upon  application  of  either  party  shall  determine 
such  terms  and  such  determination  shall  be  final. 

Nothing  in  this  act  shall  authorize  the  district  to  acquire 
works  of  other  districts  which  may  lie  within  the  territory 
described  in  section  one  of  this  act. 

Section  7.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  section  ten. 

Section  8.  Whenever  a  tax  is  duly  voted  by  the  dis- 
trict for  the  purposes  of  this  act,  the  clerk  shall  send  a  certi- 
fied copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  supply 
under  this  act  if,  in  the  judgment  of  the  board  of  water  com- 


690  Acts,  1941.  — Chap.  570. 

missioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  such  estate  is  so  situated 
that  it  can  receive  no  aid  in  the  extinguishment  of  fire  from 
the  said  system  of  water  supply,  or  if  such  estate  is  so  situ- 
ated that  the  buildings  thereon,  or  the  buildings  that  might 
be  constructed  thereon,  could  not  be  supplied  with  water 
from  said  system  in  an}^  ordinary  or  reasonable  manner,  but 
all  other  estates  in  the  district  shall  be  deemed  to  be  benefited 
and  shall  be  subject  to  such  tax.  A  certified  list  of  the 
estates  exempt  from  taxation  under  the  provisions  of  this 
section  shall  annually  be  sent  by  said  board  of  water  com- 
missioners to  said  assessors,  at  the  same  time  at  which  the 
clerk  shall  send  a  certified  copy  of  the  vote  as  aforesaid.  The 
assessment  shall  be  committed  to  the  town  collector,  who 
shall  collect  said  tax  in  the  manner  provided  by  law  for  the 
collection  of  town  taxes,  and  shall  deposit  the  proceeds 
thereof  with  the  district  treasurer  for  the  use  and  benefit  of 
the  district.  The  district  may  collect  interest  on  overdue 
taxes  in  the  manner  in  which  interest  is  authorized  to  be 
collected  on  town  taxes. 

Section  9.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to  be 
held  prior  to  the  acceptance  of  this  act,  and  any  meeting  of 
the  voters  of  the  district  to  be  held  prior  to  the  qualification 
of  a  majority  of  the  water  commissioners,  shall  be  called,  on 
petition  of  ten  or  more  legal  voters  therein,  by  a  warrant  from 
the  selectmen  of  said  town,  or  from  a  justice  of  the  peace, 
directed  to  one  of  the  petitioners,  requiring  him  to  give  notice 
of  the  meeting  by  posting  copies  of  the  warrant  in  two  or 
more  public  places  in  the  district  seven  days  at  least  before 
the  time  of  the  meeting.  Such  justice  of  the  peace,  or  one 
of  the  selectmen,  shall  preside  at  such  meeting  until  a  clerk 
is  chosen  and  sworn,  and  the  clerk  shall  preside  until  a  moder- 
ator is  chosen.  At  any  meeting  held  hereunder  prior  to  the 
acceptance  of  this  act,  after  the  choice  of  a  moderator  for  the 
meeting  the  question  of  the  acceptance  of  this  act  shall  be 
submitted  to  the  voters,  and  if  it  is  accepted  by  a  majority 
of  the  voters  present  and  voting  thereon  it  shall  thereupon 
take  effect,  and  the  meeting  may  then  proceed  to  act  on  the 
other  articles  in  the  warrant.  After  the  quahfication  of  a 
majority  of  the  water  commissioners,  meetings  of  the  district 
shall  be  called  by  warrant  under  their  hands,  unless  some 
other  method  be  provided  by  by-law  or  vote  of  the  district. 

Section  10.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  shall  have  been  accepted,  or  thereafter, 
at  an  annual  meeting  or  at  a  special  meeting  called  for  the 
purpose,  three  persons,  inhabitants  of  and  voters  in  said 
district,  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years,  and  one  until  the  ex- 
piration of  one  year,  from  the  day  of  the  next  succeeding 
annual  district  meeting,  to  constitute  a  board  of  water  com- 
missioners;  and  at  every  annual  district  meeting  following 


Acts,  1941.  — Chap.  570.  691 

such  next  succeeding  annual  district  meeting  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  The  date  of  the  next  annual  meeting  shall  be  fixed 
by  by-law  or  by  vote  of  the  board  of  water  commissioners, 
but  in  no  event  shall  it  be  later  than  fifteen  months  subse- 
quent to  the  date  on  which  the  water  commissioners  were  first 
elected.  All  the  authority  granted  to  said  district  by  this 
act,  except  sections  four  and  five,  and  not  otherwise  specifi- 
cally provided  for,  shall  be  vested  in  said  board  of  water 
commissioners,  who  shall  be  subject,  however,  to  such  in- 
structions, rules  and  regulations  as  the  district  may  by  vote 
impose.  At  the  meeting  at  which  said  water  commissioners 
are  first  elected  and  at  each  annual  district  meeting  held 
thereafter,  the  district  shall  elect  by  ballot,  each  for  a  term 
of  one  year,  a  clerk  and  a  treasurer  of  the  district.  The 
treasurer  shall  not  be  a  water  commissioner,  and  shall  give 
bond  to  the  district  in  such  an  amount  as  may  be  approved 
by  said  water  commissioners  and  with  a  surety  company 
authorized  to  transact  business  in  the  commonwealth  as 
surety.  A  majority  of  said  water  commissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  Any  va- 
cancy occurring  in  said  board  from  any  cause  may  be  filled 
for  the  remainder  of  the  unexpired  term  by  the  district  at 
any  legal  meeting  called  for  the  purpose.  No  money  shall 
be  drawn  from  the  treasury  of  the  district  on  account  of  its 
water  works  except  upon  a  written  order  of  said  water  com- 
missioners or  a  majority  of  them. 

Section  11.  Said  board  of  water  commissioners  shall 
fix  just  and  equitable  prices  and  rates  for  the  use  of  water, 
and  shall  prescribe  the  time  and  manner  of  payment.  The 
income  of  the  water  works  shall  be  appropriated  to  defray 
all  operating  expenses,  interest  charges  and  paionents  on 
the  principal  as  they  shall  accrue  upon  any  bonds  or  notes 
issued  under  authority  of  this  act.  If  there  should  be  a  net 
surplus  remaining  after  providing  for  the  aforesaid  charges, 
it  may  be  appropriated  for  such  new  construction  as  said 
water  commissioners  may  recommend,  and  in  case  a  surplus 
should  remain  after  payment  for  such  new  construction,  the 
water  rates  shall  be  reduced  proportionately.  Said  water 
commissioners  shall  annually,  and  as  often  as  the  district 
may  requii-e,  render  a  report  upon  the  condition  of  the  works 
under  their  charge,  and  an  account  of  their  doings,  including 
an  account  of  receipts  and  expenditures. 

Section  12.  The  district  may  adopt  by-laws  prescribing 
by  whom  and  how  meetings  of  the  district  may  be  called, 
notified  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  nine.  The  district 
may  also  establish  rules  and  regulations  for  the  management 
of  its  water  works,  not  inconsistent  with  this  act  or  with  any 
other  provision  of  law,  and  may  choose  such  other  officers 
not  provided  for  in  this  act  as  it  may  deem  necessary  or 
proper. 


692  Acts,  1941.  — Chap.  571. 

Section  13.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  well,  stand- 
pipe,  aqueduct,  pipe  or  other  property  owned  or  used  by  the 
district  for  any  of  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  the  district  three  times  the  amount  of  damage  assessed 
therefor,  to  be  recovered  in  an  action  of  tort,  and  upon  con- 
viction of  any  of  the  above  wilful  or  wanton  acts  shall  be 
punished  by  a  fine  of  not  more  than  three  hundred  dollars 
or  imprisonment  for  not  more  than  one  year,  or  both. 

Section  14.  Upon  a  petition  in  writing  addressed  to  said 
board  of  water  commissioners  requesting  that  certain  real 
estate  accurately  described  therein,  located  in  said  town  and 
abutting  on  said  district  and  not  otherwise  serv^ed  by  a  pub- 
lic water  supply  be  included  within  the  limits  thereof,  and 
signed  by  the  owners  of  such  real  estate,  or  a  major  portion 
of  such  real  estate,  said  water  commissioners  shall  cause  a 
duly  warned  meeting  of  the  district  to  be  called,  at  which 
meeting  the  voters  may  vote  on  the  question  of  including 
said  real  estate  within  the  district.  If  a  majority  of  the  voters 
present  and  voting  thereon  vote  in  the  affirmative  the  district 
clerk  shall  within  ten  days  file  with  the  town  clerk  of  said 
town  and  with  the  state  secretary  an  attested  copy  of  said 
petition  and  vote;  and  thereupon  said  real  estate  shall  be- 
come and  be  a  part  of  the  district  and  shall  be  holden  under 
this  act  in  the  same  manner  and  to  the  same  extent  as  the 
real  estate  described  in  section  one. 

Section  15.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  the  district  by  section  one  of  this  act  present 
and  voting  thereon,  by  the  use  of  a  check  list,  at  a  district 
meeting  called,  in  accordance  with  section  nine,  within  four 
years  after  its  passage.  Approved  July  30,  1941. 

Chap. 571  -^N  Act  making  an  appropriation  for  the  purchase  by 
the  commonwealth  of  certain  property  in  the  city 
of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  purchase  of  the  Ford 
Building  property,  so  called,  situated  in  the  city  of  Boston, 
as  provided  in  chapter  four  hundred  and  seventy-eight  of 
the  acts  of  the  current  year,  there  is  hereby  appropriated 
from  the  general  fund  or  ordinary  revenue  of  the  common- 
wealth the  sum  of  one  hundred  and  fifty-five  thousand 
dollars,  subject  to  the  provisions  of  law  regulating  the  dis- 
bursement of  public  funds  and  the  approval  thereof. 

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

Approved  July  31,  1941. 


Acts,  1941.  — Chaps.  572,  573.  693 


An  Act  providing  for  the  screening  by  the  department  Chap.572 

OF   CONSERVATION   OF  THE   OUTLET  AND   SPILLWAY   OF  THE 
EAST  OTIS  RESERVOIR. 

Whereas,  It  is  desirable  that  the  work  authorized  by  this  Emergency 
act  be  performed  at  once  in  order  to  take  advantage  of  the  preamble, 
present  low  water,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  conservation  is  hereby  authorized  and 
directed  to  screen  the  outlet  and  spillway  of  the  East  Otis 
reservoir  in  the  town  of  Otis;  provided,  that  the  written 
consent  of  the  owners  thereof  shall  have  first  been  obtained. 
For  said  purpose  said  department  may  expend  such  sums, 
not  exceeding,  in  the  aggregate,  thirty-five  hundred  dollars, 
as  may  be  appropriated  therefor. 

Approved  July  31,  1941. 

An  Act  relative  to  bills  for  taxes  on  parcels  of  real  Chav.573 

ESTATE  AND   PAYMENTS  ON  ACCOUNT  THEREOF. 

Whereas,  It  is  desirable  that,  prior  to  the  collection  of  the  Emergency 
taxes  of  the  current  year,  the  proper  construction  of  certain  P''eambie. 
existing  statutory  provisions  relating  to  the  assessment  and 
collection  of  real  estate  taxes  be  declared  so  that  litigation 
may  be  avoided,  therefore  this  act  is  declared  to  be  an  emer- 
gency law,  necessary  for  the  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  sixty  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  twenty-two,  as  amended,  f  2'2Af addld. 
the   following  new  section :  —  Section  22 A .     The   collector  collector  to 
may,  and  shall  at  the  request  at  any  time  of  a  person  owning  [®^"^iifP*t^*® 
or  having  an  interest  in  a  parcel  of  land,  issue  a  separate  tax  when. 
bill  or  notice  for  the  tax  for  any  year  upon  any  parcel  of  land 
separately  assessed  or  separately  listed  on  the  assessors' 
valuation  list,  which  bill  or  notice  shall  contain  a  description 
of  said  parcel  or  reference  to  the  assessors'  valuation  list 
sufficient  to  identify  such  parcel.     With  respect  to  the  tax 
for  any  year  on  any  parcel  of  land  so  separately  assessed  or 
separately  listed,  the  owner  of  said  parcel  or  person  assessed 
or  a  person  having  any  interest  in  said  parcel  may  at  any 
time  prior  to  a  tax  taking  or  a  tax  sale  of  such  parcel  make 
full  payment  of  the  tax  upon  such  parcel  or  may  make  from 
time  to  time  partial  payments  on  account  of  the  tax  upon  such 
parcel  of  not  less  than  ten  per  cent  of  such  tax,  but  in  no 
event  less  in  amount  than  ten  dollars,  and  otherwise  subject 
to  the  terms,  conditions  and  provisions  governing  partial 
payments  of  a  tax  contained  in  section  twenty-two.     The 
collector  shall  give  a  receipt  in  full  for  any  such  full  payment 


694  Acts,  1941.  — Chap.  574. 

and  a  partial  receipt  for  any  such  partial  paj^ment.  Any- 
such  payment  in  full  shall  discharge  the  tax  lien  upon  such 
parcel  for  the  taxes  of  the  year  in  which  such  tax  was  as- 
sessed, and  any  such  partial  payment  shall  reduce  the  tax 
lien  upon  such  parcel  for  the  taxes  of  such  year  to  the  extent 
of  the  portion  of  the  tax  upon  such  parcel  so  paid.  No  lien 
shall  be  deemed  to  exist  upon  any  parcel  of  land  for  or  be- 
cause of  the  tax  or  portion  of  tax  assessed  on  or  with  respect 
to  any  other  parcel.  Such  information  as  to  the  assessors' 
valuation  list  as  may  be  required  for  the  purposes  of  this 
section  shall  be  furnished  by  the  assessors  to  the  collector 
upon  demand. 
ofTct'^''*'""  Section  2.     This  act  shall  apply  with  respect  to  all  taxes 

heretofore  or  hereafter  assessed  and  to  the  fullest  possible 
extent  shall  be  construed  as  declaratory  of  existing  law. 

Approved  July  SI,  1941. 


Chav.674:  ^^  ^^^  relative  to  the  hours  of  labor  of  women  and 

CHILDREN  IN  OR  IN  CONNECTION  WITH  MERCANTILE  ES- 
TABLISHMENTS AND  CERTAIN  HOTELS,  PRIVATE  CLUBS  AND 
AMUSEMENT   PLACES. 

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

defeat  one  of  the  principal  purposes  thereof,  which  is  to 
make  immediately  inapplicable  to  certain  hotels,  private 
clubs  and  amusement  places  employment  at  which  is  seasonal, 
certain  provisions  of  law  relative  to  the  employment  of 
w^omen  and  children  now  applicable  thereto,  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: 

EdV  ilg"^!  56  Section  fifty-six  of  chapter  one  hundred  and  forty-nine  of 
etc!,  amended. '  the  General  Laws,  as  most  recently  amended  by  chapter  three 
hundred  and  seventy-seven  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  further  amended  by  inserting  after 
the  word  "companies"  in  the  twelfth  line  the  words: — , 
and  except  as  to  hotels,  private  clubs  and  places  of  amuse- 
ment where  the  employment  is  determined  by  the  depart- 
ment to  be  by  seasons,  and  except  as  to  hotels  where  meals 
are  served  only  during  three  separate  periods  totalling  not 
more  than  seven  hours  in  any  one  day  and  the  employment 
is  connected  with  the  serving  of  said  meals,  —  and  by  insert- 
ing after  the  word  "hours"  the  first  time  it  appears  in  the 
seventeenth  line  the  words :  —  ,  except  that  in  the  case  of 
mercantile  establishments  such  periods  of  work  may  fall 
within  a  period  of  not  exceeding  eleven  and  one  half  consecu- 
tive hours  during  a  total  of  not  more  than  seven  days  in  any 
calendar  year  of  which  six  shall  be  the  six  week-daj^s  im- 
mediately preceding  Christmas,  and  the  seventh  the  Satur- 
day immediately  preceding  Easter,  —  so  that  the  first  sen- 
Hours  of  labor  tcncc  will  read  as  follows :  —  No  child  and  no  woman  shall  be 
and'cwidren.     employed  Or  permitted  to  work  in,  or  in  connection  with, 


Acts,  1941.  — Chap.  575.  695 

any  factory  or  workshop,  or  any  manufacturing,  mercantile 
or  mechanical  establishment,  telegraph  office  or  telephone 
exchange,  or  any  express  or  transportation  company,  or  any 
private  club,  or  any  office,  letter  shop  or  financial  insti- 
tution, or  any  laundry,  hotel,  manicuring  or  hair  dressing 
establishment,  or  any  motion  picture  or  other  theatre  or  anj' 
other  place  of  amusement,  or  any  garage,  or  be  employed  as 
an  elevator  operator,  or  as  a  switchboard  operator  in  a  private 
exchange,  more  than  nine  hours  in  any  one  day,  and,  except 
as  to  transportation  or  telephone  companies,  and  except  as 
to  hotels,  private  clubs  and  places  of  amusement  where  the 
employment  is  determined  by  the  department  to  be  by 
seasons,  and  except  as  to  hotels  where  meals  are  served  only 
during  three  separate  periods  totalling  not  more  than  seven 
hours  in  any  one  day  and  the  employment  is  connected  with 
the  serving  of  said  meals,  if  the  work  so  performed  by  such 
a  child  or  woman  in  one  day  is  not  continuous,  but  is  divided 
into  two  or  more  periods,  the  work  of  such  child  or  woman 
shall  be  so  arranged  that  all  such  periods  of  work  shall  fall 
within  a  period  of  not  exceeding  ten  consecutive  hours,  except 
that  in  the  case  of  mercantile  estabhshments  such  periods  of 
work  may  fall  within  a  period  of  not  exceeding  eleven  and 
one  half  consecutive  hours  during  a  total  of  not  more  than 
seven  days  in  any  calendar  year  of  which  six  shall  be  the 
six  week-days  immediately  preceding  Christmas,  and  the 
seventh  the  Saturday  immediately  preceding  Easter;  and 
in  no  case  shall  the  hours  of  labor  exceed  forty-eight  in  a 
week,  except  that  in  manufacturing  establishments  or  hotels 
where  the  employment  is  determined  by  the  department  to 
be  by  seasons,  the  number  of  such  hours  in  any  week  may 
exceed  forty-eight,  but  not  fifty-two,  provided  that  the  total 
number  of  such  hours  in  any  year  shall  not  exceed  an  average 
of  forty-eight  hours  a  week  for  the  whole  year,  excluding 
Sundays  and  holidays;  and  if  any  child  or  woman  shall  be 
employed  or  permitted  to  work  in  more  than  one  such  place, 
the  total  number  of  hours  of  such  employment  shall  not 
exceed  forty-eight  hours  in  any  one  week. 

Approved  July  31,  1941. 

An  Act  to  enable  credit  unions  to  co-operate  in  the  Chav.575 

DISTRIBUTION  OF  UNITED  STATES  DEFENSE  SAVINGS  BONDS 
AND  DEFENSE  POSTAL  SAVINGS  STAMPS. 

Whereas,  It  is  desired  that  credit  unions  extend  prompt  Emergency 
assistance  to  the  federal  government  in  the  distribution  of  P'"eambie. 
United  States  savings  bonds  and  stamps  in  connection  with 
the  financing  of  the  national  defense  program;   and 

Whereas,  The  purpose  of  this  act  is  to  make  possible  im- 
mediately 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  public  safety  and  convenience. 


696  Acts,  1941.  —  Chaps.  576,  577. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  hundred  and  twenty-one  of  the 
acts  of  nineteen  hundred  and  forty-one  is  hereby  amended 
by  striking  out,  in  the  seventh  Une,  the  word  "and"  and  by 
inserting  before  the  word  "are"  in  the  ninth  hne  the  words: 
—  and  credit  unions  having  assets  of  fifty  thousand  dollars 
or  more,  —  so  as  to  read  as  follows:  —  Section  1.  Under 
regulations  made  by  the  commissioner  of  banks  and  in  ac- 
cordance 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,  corpora- 
tions authorized  to  do  the  business  of  a  banking  company 
under  chapter  one  hundred  and  seventy-two  A  of  the  Gen- 
eral Laws,  and  credit  unions  having  assets  of  fifty  thousand 
dollars  or  more,  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 
Savings  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.  Approved  July  31,  1941. 


Chap.57Q  An  Act  extending   further  the  duration  of  a   law 

PROVIDING  FOR  THE  TRIAL  OR  DISPOSITION  OF  CERTAIN 
CRIMINAL  CASES  BY  DISTRICT  COURT  JUDGES  SITTING  IN 
THE    SUPERIOR    COURT. 

Be  it  enacted,  etc.,  as  folloivs: 

Chapter  four  hundred  and  sixty-nine  of  the  acts  of  nine- 
teen hundred  and  twenty-three,  as  most  recently  amended 
by  chapter  three  hundred  and  ninety-eight  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  is  hereby  further  amended 
by  striking  out  section  five  and  inserting  in  place  thereof 
the  following  section :  —  Section  5.  This  act  shall  not  be 
operative  after  December  thirty-first,  nineteen  hundred  and 
forty-three.  Approved  July  31,  IQJfl. 


Chap.577  ^^  -^^T  to  increase  the  SALARY  OF  THE  STATE   QUARTER- 
MASTER OF  THE  LAND   FORCES  OF  THIS  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  L    Subdivision  (c)  of  section  sixty-nine  of  chap- 

SiJ'amend^:    ter  thlrty-threc  of  the  General  Laws,  as  appearing  in  section 


Acts,  1941.  — Chap.  578.  697 

one  of  chapter  four  hundred  and  twenty-five  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  is  hereby  anxended  by 
striking  out,  in  the  thirteenth  Hne,  the  words  "three  thou- 
sand" and  inserting  in  place  thereof  the  words:  —  four 
thousand,  — -  so  as  to  read  as  follows:  — 

(c)  There  shall  be  a  state  quartermaster  appointed  or  state  quarter- 
detailed  by  the  commander-in-chief  who,  under  the  direction  '"*®*®'"- 
of  the  adjutant  general,  shall,  except  as  otherwise  provided 
in  this  chapter  and  in  chapter  three  hundred  and  forty-four 
of  the  acts  of  nineteen  hundred  and  thirty-six,  have  the  care 
and  control  of  all  land  and  buildings  held  for  military  pur- 
poses, of  the  soldiers'  burial  lot  and  monument  at  Dedham, 
and  of  all  other  military  property  of  the  commonwealth 
except  such  as  is  by  law  expressly  intrusted  to  the  keeping 
of  other  officers,  departments,  boards  or  commissions.  Ex- 
cept when  ordered  on  duty  under  sections  eleven,  seventeen, 
eighteen,  nineteen  or  one  hundred  and  five,  he  shall  receive 
a  salary  of  four  thousand  dollars.  He  shall  give  bond  to 
the  commonwealth  in  the  penal  sum  of  twenty  thousand 
dollars  with  surety  or  sureties  approved  by  the  governor 
and  council,  conditioned  faithfully  to  perform  the  duties  of 
his  office  as  specified  hereinbefore  or  as  may  be  prescribed 
by  the  commander-in-chief. 

Section  2.    This  act  shall  take  effect  on  December  first  Effective 
in  the  current  year.  Approved  July  31,  1941.      ^^^^' 

An  Act  relative  to  appeals  from  the  refusal  or  fail-  (7/iai>.578 

URE  of  local  licensing  AUTHORITIES,  EXCEPT  IN  BOSTON, 
TO  GRANT  TRANSFERS  OF  LOCATION  OF  LICENSES  FOR  THE 
SALE  OF  ALCOHOLIC  BEVERAGES  AND  FROM  THEIR  REFUSAL 
OR  FAILURE  TO  TRANSFER,  IN  CERTAIN  INSTANCES,  THE 
LOCATION  OF  COiMMON  VICTUALLER'S  AND  INNHOLDEr's 
LICENSES. 

Be  it  enacted,  etc.,  as  follows:  - 

Section  twenty-three  of  chapter  one  hundred  and  thirty-  g.  l.  (Ter. 
eight  of  the  General  Laws,  as  amended,  is  hereby  further  etc!,  amended.' 
amended  by  striking  out  the  second  of  the  paragraphs  in- 
serted by  section  twenty-three  of  chapter  four  hundred  and 
forty  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

Any  license  issued  under  this  chapter  may,  upon  applica-  Transfer  of 
tion  by  the  holder  thereof  to  the  licensing  authorities  issu-  i°c'eMee.^^ 
ing  the  same,  be  transferred  from  one  location  to  another, 
.but  no  new  license  fee  shall  be  required.  A  transfer  of  loca- 
tion of  a  license  issued  by  the  local  licensing  authorities  shall 
be  subject  to  the  prior  approval  of  the  commission.  The 
local  licensing  authorities  may  transfer  a  common  victual- 
ler's or  innholder's  license  issued  under  chapter  one  hundred 
and  forty  from  one  location  to  another  if  the  applicant  there- 
for is  also  the  holder  of  a  license  for  the  sale  of  alcoholic 
beverages  at  the  location  from  which  the  transfer  is  sought. 
If  the  local  licensing  authorities  of  any  city  or  town^  except 


698  Acts,  1941.  —  ("haps.  579,  580,  581. 

Boston,  refuse  to  grant  or  fail  to  act  upon  an  application  for 
a  transfer  of  location  of  any  license  as  authorized  by  this 
section,  the  applicant  therefor  may  appeal  to  the  commis- 
sion under  section  sixty- seven  in  the  same  manner  as  though 
such  authorities  had  refused  to  grant  or  failed  to  act  upon 
an  application  for  an  original  license  under  this  chapter,  and 
all  the  provisions  of  said  section  shall  apply  to  such  an  appeal. 
Nothing  herein  contained  shall  be  construed  to  limit  or  pre- 
vent the  transfer  from  one  location  to  another  by  local 
licensing  authorities  of  common  victuallers'  or  innholders' 
licenses  issued  under  chapter  one  hundred  and  forty  if  the 
applicant  for  such  a  transfer  is  not  the  holder  of  a  license 
for  the  sale  of  alcoholic  beverages. 

Approved  July  31,  1941. 

Chap.579  An  Act  authorizing  the  city  of  malden  to  sell  its 

PRESENT  POLICE  STATION  PROPERTY,  AND  REGULATING  THE 
EXPENDITURE  OF  THE  PROCEEDS  OF  SUCH  SALE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Maiden  is  hereby  authorized  to 
enter  into  a  contract  for  the  sale  of,  and  to  sell,  the  land  and 
buildings  located  at  the  corner  of  Exchange  and  Middlesex 
streets  in  said  city,  said  buildings  being  the  present  police 
station  and  garage.  The  proceeds  of  said  sale  shall  be  held 
and  applied  towards  the  cost  of  the  purchase  or  taking  of 
other  land  for  police  station  purposes  or  for  the  construction 
thereon  of  a  police  station,  or  for  both  of  such  purposes. 

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

Approved  August  1,  1941- 

Chap. 580  An  Act  to  provide  for  certain  work  at  the  Gloucester 

FISH    PIER,    SO    called,    IN    THE    CITY    OF    GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  and  directed  to  expend  such  sum,  not  exceeding 
thirty  thousand  dollars,  as  may  hereafter  be  appropriated 
therefor,  for  work  at  the  Gloucester  Fish  Pier,  so  called,  as 
follows :  —  for  resurfacing  said  pier  and  for  dredging. 

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

Approved  August  1,  19^1. 

Chap. 581  An  Act  further  regulating  the  setting  of  fires  in 

THE    OPEN    AIR. 

Be  it  enacted,  etc.,  as  follows: 

G- L.  (Ter.  Chapter  forty-eight  of  the  General  Laws  is  hereby  amended 

etc!, 'amended',    by  Striking  out  sectiou  thirteen,  as  amended  by  chapter  two 
hundred  and  four  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  and  inserting  in  place  thereof  the  following  section :  — 
fnopenaif       Scctiou  13.    No  pcrsou  shall  set,  maintain  or  increase  a  fire 
regulated.         in  the  opcu  air  at  any  time  unless  the  ground  is  substantially 


Acts,  1941.  — Chap.  582.  699 

covered  with  snow,  except  by  written  permission,  covering 
a  period  not  exceeding  five  days  from  the  date  thereof, 
granted  by  the  forest  warden  or  chief  of  the  fire  department 
in  cities  and  towns,  or,  in  cities  having  such  an  official,  the 
fire  commissioner;  provided,  that  no  such  permit  shall  be 
granted  to  be  exercised  during  any  portion  of  the  months  of 
April  and  May  except  upon  rainy  days;  and  provided,  fur- 
ther, that  persons  over  the  age  of  twenty-one  may,  without 
a  permit,  set,  maintain  or  increase  a  reasonable  fire  for  the 
purpose  of  cooking,  upon  sandy  or  gravelly  land  free  from 
living  or  dead  vegetation  or  upon  sandy  or  rocky  beaches 
bordering  on  tide  water,  if  the  fire  is  enclosed  within  rocks, 
metal  or  other  non-inflammable  material.  The  forest  warden, 
chief  or  fire  commissioner,  as  the  case  may  be,  may  make  it 
a  condition  for  granting  a  permit  that  any  burning  shall  be 
done  only  after  four  o'clock  (eastern  standard  time)  in  the 
afternoon  and  he  may  revoke  a  permit  at  any  time.  The 
forester  may  make  rules  and  regulations  relating  to  the 
granting  and  revocation  of  such  permits  binding  throughout 
the  commonwealth.  Such  rules  and  regulations  shall  take 
effect  subject  to  section  thirty-seven  of  chapter  thirty,  when 
approved  by  the  governor  and  council.  The  forest  wardens 
in  towns  and  officials  performing  the  duties  of  forest  wardens 
in  cities  shall  cause  public  notice  to  be  given  of  the  provi- 
sions of  this  section  and  shall  enforce  the  same..  Whoever  Penalty. 
violates  any  provision  of  this  section  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars  or  by  imprison- 
ment for  not  more  than  one  month,  or  both. 

Approved  August  1,  1941- 

An  Act  providing  for  the  retirement  by  the  city  of  Char).5H2 

LEOMINSTER   OF   CERTAIN   CALL   MEMBERS   OF   ITS   FIRE   DE- 
PARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  fire  engineers  of  the  city  of 
Leominster,  with  the  approval  of  the  mayor  and  city  coun- 
cil, shall  retire  from  active  service  every  call  fireman  in  the 
fire  department  of  said  city  who  prior  to  the  effective  date 
of  this  act  has  attained,  or  who  thereafter  shall  attain,  the 
age  of  seventy  years.  Every  call  fireman  so  retired  who  was 
a  member  of  said  department  on  said  effective  date  shall 
receive  an  annual  pension,  payable  monthly,  equal  to  one 
half  of  the  annual  salary  received  by  him  at  his  retirement. 

Section  2.  This  act  shall  apply  to  call  firemen  formerly 
in  the  service  of  said  city  who  have  resigned  or  retired  from 
active  service  since  nineteen  hundred  and  thirty-eight  as 
well  as  to  call  firemen  now  in  active  service  therein. 

Section  3.  This  act  shall  take  full  effect  on  its  accept- 
ance, during  the  current  year,  by  vote  of  the  city  council  of 
the  city  of  Leominster,  but  not  otherwise. 

Approved  August  1,  1941 . 


700 


Acts,  1941.  — Chap.  583. 


G.  L.  (Ter. 
Ed.),  93.  §  21, 
etc.,  amended. 


Remedy  of 
student  de- 
frauded by 
misrepre- 
sentation. 

Treble 
damages. 


Chap.58S  An    Act   defining,    and    further   regulating,    private 

TRADE    SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-one  of  chapter  ninety-three 
of  the  General  Laws,  as  amended  by  section  one  of  chapter 
three  hundred  and  forty-three  of  the  acts  of  nineteen  hun- 
dred and  thirty-nine,  is  hereby  further  amended  by  striking 
out,  in  the  second  hne,  the  words  ''or  trade  school"  and 
inserting  in  place  thereof  the  words :  —  school,  or  of  a  private 
trade  school  as  defined  in  section  twenty-one  A,  —  so  as  to 
read  as  follows :  —  Section  21 .  Any  pupil  of  a  correspond- 
ence school,  or  of  a  private  trade  school  as  defined  in  section 
twenty-one  A,  who  is  defrauded  by  a  misrepresentation 
made  by  an  officer  or  agent  of  such  school,  or  by  any  adver- 
tisement or  circular  issued  by  it,  or  by  any  person,  firm, 
association  or  corporation,  who  sells  textbooks  to  the  said 
school  or  to  the  pupils  thereof,  may  recover  in  contract  from 
such  school  or  person,  firm,  association  or  corporation  three 
times  the  amount  paid  by  him  to  such  school  or  person,  firm, 
association  or  corporation. 

Section  2.  Said  chapter  ninety-three  is  hereby  further 
amended  by  inserting  after  said  section  twenty-one  the  four 
following  new  sections :  — >Sed2on  21  A.  The  term  "private 
trade  school"  shall,  in  sections  twenty-one  to  twenty-one  D, 
inclusive,  mean  a  school  maintained,  or  classes  conducted, 
for  the  purpose  of  teaching  any  trade  or  industrial  occupa- 
tion for  profit  or  for  a  tuition  charge  but  shall  not  include  a 
private  business  school,  school  or  college  regularly  chartered 
and  authorized  by  the  laws  of  the  commonwealth  to  grant 
degrees,  an  endowed  school  which  offers  approved  courses 
without  profit,  or  a  school  exclusively  engaged  in  training 
physically  handicapped  persons  or  a  school  conducted  by 
any  person  for  the  education  and  training  of  his  own  em- 
ployees. 

Section  21 B.  No  person  shall  operate  or  maintain  a 
private  trade  school  unless  he  is  licensed  so  to  do  by  the  com- 
missioner of  education  as  hereinafter  provided.  Said  com- 
missioner shall  not  issue  a  license  to  operate  or  maintain  such 
a  school  unless  and  until  he  shall  have  approved  as  to 
such  school  the  proposed  standards  adopted  and  methods  of 
instruction  to  be  followed,  the  equipment  and  housing  pro- 
vided, the  training  and  experience  of  the  teachers  to  be  em- 
ploj^ed,  the  form  and  contents  of  the  student  enrolment 
agreement  or  contract  and  the  method  of  collecting  tuition, 
nor  and  unless  and  until  such  schools  shall  have  filed  in  the 
office  of  said  commissioner  its  current  advertising,  if  any. 
All  advertising  used  by  any  such  school  subsequent  to  the 
receipt  of  a  license  hereunder  shall  from  time  to  time  be  filed 
in  the  office  of  said  commissioner.  No  license  shall  be  granted 
hereunder  unless  said  commissioner  shall  determine  that  the 
school  possesses  a  sound  financial  structure  with  sufficient 


G.  L.  (Ter. 
Ed.),  93, 
new  sections 
21A-21D, 
inserted. 

"Private  trade 

school" 

defined. 


Licensing  of 
private  trade 
schools,  re- 
quirements for. 


Acts,  1941.  — Chap.  584.  701 

resources  for  its  proper  use  and  support.  Said  commissioner 
may,  after  reasonable  notice  and  a  hearing,  suspend  or  re- 
voke such  hcense  and  shall  have  the  same  powers  to  require 
by  summons  the  attendance  and  testimonj^  of  witnesses,  the 
production  of  books,  papers  and  documents,  and  to  adminis- 
ter oaths,  as  are  conferred  upon  city  councils  and  other 
bodies  by  section  eight  of  chapter  two  hundred  and  thirty- 
three.  Sections  nine  and  ten  of  said  chapter  shall  apply  to 
witnesses  summoned  as  aforesaid.  Every  such  license  shall 
run  for  one  year  from  date  of  issuance  and  the  fee  therefor 
shall  be  fifty  dollars  for  an  original  license  and  twenty-five 
dollars  for  each  renewal  thereof.  Said  commissioner  may 
adopt  and  from  time  to  time  alter  and  amend  rules  and  regu- 
lations, in  conformity  with  this  section,  governing  such 
schools  and  the  licensing  thereof.  Each  person  operating  a 
private  trade  school  shall  make  an  annual  report  to  said 
commissioner  in  such  form  as  he  may  prescribe. 

Section  21C.  Any  person  who  is  aggrieved  by  the  refusal  Review  by 
of  the  commissioner  of  education  to  grant  or  renew  a  license  superior  court, 
under  section  twenty-one  B  or  by  the  revocation  or  suspen- 
sion of  a  license  granted  under  said  section  shall  be  entitled 
to  have  the  reasonableness  of  such  refusal,  revocation  or 
suspension  reviewed  by  a  justice  of  the  superior  court,  whose 
decision  shall  be  final. 

Section  21 D.  Whoever  operates  or  maintains  a  private  Penalty, 
trade  school  in  violation  of  section  twenty-one  B,  or  whoever, 
not  being  licensed  under  said  section,  holds  himself  out  as 
operating  and  maintaining  such  school,  or  whoever  violates 
any  rule  or  regulation  made  under  said  section,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  or  more  than 
five  hundred  dollars. 

Section  3.     Section  twenty-two  of  said  chapter  ninety-  g.  l.  (Xer. 
three,  as  amended  by  section  tw^o  of  said  chapter  three  hun-  ^tc'^  amended 
dred  and  forty-three,  is  hereby  further  amended  by  strik- 
ing out,  in  the  third  hne,  the  words  "or  trade",  —  so  as  to 
read  as  follows :  —  Section  22.     The  department  of  educa-  Department  of 
tion  may  establish  rules  and  regulations  governing  corre-  ma"ke?uka*.° 
spondence  schools.  Approved  August  1 ,  1941. 


An  Act  relative  to  supervision  by  the  commissioner  Chap. 584: 
OF  insurance  of  the  state  retirement  system,  the 
retirement  system  for  teachers  and  county,   city 

AND    TOWN    retirement    SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty- four  of  chapter  thirty-two  of  ej)'JJ^|-34 
the  General  Laws,  as  appearmg  in  the  Tercentenary  Edi-  amended, 
tion,  is  hereby  amended  by  striking  out  the  second  para- 
graph and  inserting  in  place  thereof  the  following  para- 
graph :  — 

The  commissioner  or  his  agent  shall  at  least  annually,  inspection, 
during  the  first  three  years  of  its  existence,  and  triennially  ofretb^eme^/ 

associations. 


702 


Acts,  1941.— Chap.  585. 


G.  L.  (Ter. 
Ed.).  32,  new 
section  34A, 
inserted. 

Expenses 
incurred, 
how  paid. 


thereafter,  and  whenever  he  determines  it  to  be  prudent, 
thoroughly  inspect  and  examine  the  affairs  of  each  such  re- 
tirement association  to  ascertain  its  financial  condition,  its 
ability  to  fulfill  its  obligations,  whether  all  the  parties  in  in- 
terest have  complied  with  the  laws  applicable  thereto,  and 
whether  the  transactions  of  each  board  of  retirement  have 
been  in  accordance  with  the  rights  and  equities  of  those  in 
interest.  Each  such  retirement  system  shall  be  credited, 
in  the  account  of  its  financial  condition,  with  its  investments 
having  fixed  maturities  upon  which  the  interest  is  not  in 
default  at  amortized  values,  and,  to  the  satisfaction  of  the 
commissioner,  amply  secured,  and  its  other  investments  at 
a  reasonable  valuation. 

Section  2.  Said  chapter  thirty-two  is  hereby  further 
amended  by  inserting  after  section  thirty-four,  as  so  appear- 
ing, the  following  new  section:  —  Section  SJf.A.  The  expense 
incurred  under  section  thirty-four  in  connection  with  any 
county,  city  or  town  retirement  system  shall  be  paid  pri- 
marily by  the  commonwealth;  and  the  state  treasurer  shall 
issue  his  warrant  requiring  the  assessors  of  the  cities  and 
towns  concerned  to  assess  a  tax  to  the  amount  of  said  ex- 
pense, and  such  amounts  shall  be  collected  and  paid  to  the 
state  treasurer  in  the  same  manner  and  subject  to  the  same 
penalties  as  state  taxes.  Any  balance  due  shall  be  assessed 
in  the  succeeding  years  in  the  same  manner  as  other  state 
taxes.  Said  state  treasurer  shall  assess  on  counties  concerned 
the  amount  of  said  expense.         Approved  August  1,  19J^1. 


Chap. 


585  An  Act  authorizing  the  temporary  transfer  of  the 
care,  custody  and  control  of  certain  park  land  in 
the  city  of  boston  to  the  trustees  under  the  will 
of  george  robert  white  for  certain  public  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  park  department  of  the  city  of  Boston 
is  hereby  authorized  to  transfer  to  the  care,  custody  and 
control  of  the  trustees  under  the  fourteenth  clause  of  the 
will  of  George  Robert  White  so  much  of  the  park  land 
situate  in  Boston,  and  lying  between  the  Longfellow  bridge, 
the  Charles  river  basin,  the  Charles  river  dam,  and  Charles 
street,  and  known  as  the  Charlesbank,  as  said  park  depart- 
ment and  said  trustees  shall  agree  upon,  for  the  purposes 
of  improving  the  bathing  beach  now  located  at  said  Charles- 
bank  and  of  constructing  on  said  park  land  a  recreation 
center,  including  facilities  for  indoor  and  outdoor  exercise, 
rest  and  recreation  throughout  the  year,  said  improvement 
and  said  construction  to  be  in  accordance  with  plans  ap- 
proved by  said  park  department;  upon  the  express  condi- 
tion, however,  that,  upon  the  completion  of  said  improvement 
and  of  said  construction,  the  care,  custod}^  and  control  of 
said  land,  together  with  all  erections  thereon,  shall  revert 
without  further  act  to  said  park  department,  to  be  held  by 


Acts,  1941.  — Chaps.  586,  587.  703 

said  park  department  in  furtherance  of  the  provisions  of  the 
will  of  said  George  Robert  White.  Said  transfer  shall  also 
be  upon  the  further  express  condition  that  if,  within  two 
years  from  the  date  of  such  transfer,  such  improvement  and 
construction  at  or  on  said  park  land  shall  not  have  been 
completed,  then  the  care,  custody  and  control  of  said  park 
land  shall  thereupon  revert  without  further  act  to  said  park 
department. 

Section  2.  Upon  the  completion  of  the  improvement 
and  construction  at  said  Charlesbank  authorized  by  section 
one,  the  city  of  Boston,  acting  by  and  through  said  park 
department,  may,  to  the  extent  permitted  under  the  pro- 
visions of  said  will,  charge  a  fee  for  the  use  of  any  services 
or  facilities  furnished  in  connection  therewith,  except  that 
no  fee  shall  be  charged  for  the  use  of  said  beach;  provided, 
that  the  aggregate  amount  of  such  fees  charged  in  any  fiscal 
year  shall  not  exceed  the  estimated  expense  of  the  care  and 
maintenance  thereof  during  such  year.  Such  fees  shall  be 
applied  by  said  city  only  toward  meeting  the  expense  of 
the  care  and  maintenance  of  said  beach  and  recreation 
center. 

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

Approved  August  1,  19Jf.l. 


Chap.586 


An  Act   providing   for   the   grading  and   sanding   of 

MALIBU   beach,   SO   CALLED,    IN   THE  DORCHESTER   DISTRICT 
OF   THE   CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  asfolloivs: 

The  metropolitan  district  commission  is  hereby  author- 
ized and  directed  to  grade  and  sand  Malibu  beach,  so  called, 
in  the  Dorchester  district  of  the  city  of  Boston.  For  said 
purposes  said  commission  may  expend,  from  Item  8602-00 
of  chapter  four  hundred  and  nineteen  of  the  acts  of  the 
current  year,  not  exceeding  five  thousand  dollars. 

Approved  August  1,  19Jf.l. 

An  Act  authorizing  the  appointment  of  a  director  of  Chav.5S7 

THE   corporation   DIVISION   IN   THE   DEPARTMENT   OF   THE 
STATE    SECRETARY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  nine  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section   two,   as  most  recently  amended   by  ftc'! 'amended, 
chapter  two  hundred  and  eighty-three  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  and  inserting  in  place  thereof 
the  following  section :  —  Section  2.     He  may  appoint  a  first  Deputies,  etc.. 
deputy,  a  second  deputy,  a  third  deputy  who  shall  perform  ment^or" 
the  duties  of  a  division  head,  a  director  of  the  corporation  state  secretary. 
division  who  shall  be  an  attorney  at  law,  a  cashier  for  whose 
conduct  he  shall  be  responsible  and  from  whom  he  may 
require  a  bond,  and  a  chief  of  the  archives  division.    He  may 


704 


Acts,  1941.  — Chap.  588. 


also  appoint  clerks,  messengers  and  other  assistants  neces- 
sary for  the  prompt  despatch  of  public  business.  He  may 
also  employ  such  clerical  assistance  as  he  may  deem  neces- 
sary to  carry  out  the  laws  relative  to  primaries  and  elec- 
tions, and  such  employment  and  the  appointment  of  such 
deputies,  director,  cashier  and  chief  of  the  archives  division 
shall  not  be  subject  to  chapter  thirty-one. 

Approved  August  1,  1941. 


Chap 


.588  -^N  Act  making  a  certain  law  establishing  a  merit  sys- 
tem FOR  municipal  PUBLIC  WELFARE  EMPLOYEES  INAP- 
PLICABLE TO  CERTAIN  EMPLOYEES  BY  MISTAKE  INCLUDED 
UNDER   SUCH   SYSTEM. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  31. 
§  470,  etc., 
amended. 


To  whom 
chapter  applies. 


Repeal. 


Effective 
date. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  in  part  is  immediately  to  make 
the  law  establishing  such  system  inapphcable  to  certain  em- 
ployees by  mistake  included  under  such  sj^stem,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty-seven  C  of  chapter  thirty-one 
of  the  General  Laws,  inserted  by  section  one  of  chapter  four 
hundred  and  two  of  the  acts  of  nineteen  hundred  and  forty- 
one,  is  hereby  amended  by  striking  out  paragraph  (1)  and 
inserting  in  place  thereof  the  following  paragraph :  — 

(1)  This  chapter,  and  the  rules  and  regulations  made 
thereunder,  shall  appl}^  to  all  positions  in  each  city  or  town 
which  are  not  otherwise  subject  to  this  chapter  and  the 
duties  of  which  require  full  time  or  part  time  on  programs 
relative  to  old  age  assistance  or  aid  to  dependent  children, 
or  both,  except  the  position  of  member  of  the  board  of  pub- 
lic welfare  or  of  any  board  having  charge  of  a  bureau  of  old 
age  assistance,  and  except  the  position  of  any  officer  having 
the  powers  and  duties  of  a  board  of  public  welfare  when 
such  position  is,  or  is  to  be,  filled  by  popular  election.  As 
used  in  this  section,  the  words  "board  of  public  welfare" 
shall  include  any  body,  however  named,  having  the  powers 
and  duties  of  a  board  of  public  welfare,  but  shall  not  include 
a  board  of  public  welfare  consisting  of  two  members  one  of 
whom,  in  the  management  of  the  municipal  welfare  depart- 
ment, acts  in  a  capacity  subordinate  to  that  of  the  other. 

Section  2.  Section  seven  of  said  chapter  four  hundred 
and  two  is  hereby  repealed. 

Section  3.  This  act  shall  take  effect  as  of  the  time  said 
chapter  four  hundred  and  two  took  effect. 

Approved  August  2,  1941- 


I 


Acts,  1941.  — Chaps.  589,  590.  705 


An  Act  further  authorizing  the  use,   on  the  ways  ChaV'^SQ 

WITHIN  the  commonwealth,  OF  CERTAIN  MOTOR  VE- 
HICLES  AND  TRAILERS  DURING  THE  PRESENT  NATIONAL 
EMERGENCY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p™ambi°'?^ 
to  defeat  its  purpose,  which  is  to  permit  the  immediate  use 
of  certain  motor  vehicles  and  trailers  for  national  defense 
purposes,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  public 
safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  section  nineteen  of 
chapter  ninetj'  of  the  General  Laws,  as  amended,  the  board 
or  officer  having  charge  of  any  way  or,  in  the  case  of  a  state 
highway  or  a  way  determined  by  the  state  department  of 
public  works  to  be  a  through  way,  said  department,  may, 
during  the  period  ending  on  July  first,  nineteen  hundred  and 
forty-three,  issue  a  special  permit  authorizing  the  use,  but 
not  later  than  such  date,  on  such  ways  of  a  vehicle  or  com- 
bination of  vehicles  to  be  used  for  transporting,  for  national 
defense  purposes,  heavy  or  clumsy  j.mits  which  it  is  not 
practicable  to  transport  otherwise  than  by  the  use  of  such  a 
vehicle  or  combination  of  vehicles. 

Approved  August  2,  lOJfl 

An  Act  requiring  the  submission  to  the  department  (7/i(jr).590 
OF  education   of   certain   contracts   for  transpor- 
tation   OR    BOARD    OF    PUPILS    BEFORE    REIMBURSEMENT 
MAY  BE  OBTAINED  FOR  EXPENDITURES  THEREUNDER. 

Be  it  enacted,  etc.,  as  follows:     - 

Section  seven  of  chapter  seventy-one  of  the  General  Laws,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  Amended.  ^' 
by  adding  at  the  end  the  words :  —  and  no  reimbursement  for 
an  expenditure  made  under  an  agreement  or  contract  for 
transportation  or  board  shall  be  allowed  unless  such  agree- 
ment or  contract  shall  have  been  submitted  to  said  depart- 
ment, —  so  as  to  read  as  follows :  —  Section  7.     If  the  ex-  state  reim- 
penditure  per  thousand  dollars  valuation  from  the  proceeds  smauTowns*' 
of  local  taxation  for  the  support  of  public  schools,  made  by  J°^i*^^o{P°'" 
any  town  of  less  than  five  hundred  families  or  householders  school  children, 
for  the  three  town  fiscal  years  preceding  any  school  year, 
averaged  more  than  four  and  not  more  than  five  dollars, 
the  commonwealth  shall  reimburse  the  town  for  one  half  the 
amount  paid  by  it  during  said  school  year  for  transportation 
or  board  in  accordance  with  the  preceding  section.     If  said 
average  was  more  than  five  and  not  more  than  six  dollars, 
the  reimbursement  shall  be  for  three  fourths  of  said  amount, 
or  if  said  average  was  more  than  six  dollars,  the  reimburse- 
ment shall  be  for  the  entire  sum.    Such  reimbursement  shall 


706  Acts,  1941.  — Chap.  591. 

not  be  based  on  the  excess  of  any  amount  above  forty 
cents  for  each  day  of  actual  attendance  of  any  pupil.  If, 
however,  in  order  to  reach  the  high  school,  a  pupil  must 
travel  three  or  more  miles  in  some  manner  other  than  by 
steam  or  electric  railroad,  or  other  public  conveyance,  then 
the  town  shall  be  reimbursed  three  fourths  of  the  excess, 
if  any,  that  it  expends  for  such  pupil's  transportation  or 
board,  or  both,  above  forty  cents,  but  not  above  eighty 
cents,  for  each  day  of  actual  attendance.  Said  excess  reim- 
bursement shall  be  paid  only  to  towns  in  which  said  average 
expenditure  per  thousand  dollars  valuation  was  more  than 
five  dollars.  All  expenditures  for  which  reimbursement  is 
claimed  shall  be  subject  to  approval  by  the  department  and 
no  reimbursement  for  an  expenditure  made  under  an  agree- 
ment or  contract  for  transportation  or  board  shall  be  allowed 
unless  such  agreement  or  contract  shall  have  been  submitted 
to  said  department.  Approved  August  2,  1941. 


Chav.bdl  An  Act  providing  for  a  commissioner  of  public  health 

AND  AN  advisory  HEALTH  BOARD  IN  THE  CITY  OF  WORCES- 
TER. 

Be  it  enacted,  etc.,  as  follows: 

^Section  1.  The  mayor  of  the  city  of  Worcester  subject 
to  confirmation  by  the  city  council,  shall  appoint  a  commis- 
sioner of  public  health  of  said  city,  who  shall  be  a  citizen  of 
the  United  States  who  has  received  both  the  degree  of  doctor 
of  medicine  from  a  medical  school  classified  by  the  American 
Medical  Association  as  a  grade  A  school,  and  who  has  had 
practical  experience  in  public  health  work.  Said  commis- 
sioner shall  perform  the  duties  established  by  law  or  ordi- 
nance to  be  performed  by  the  board  of  health  of  said  city. 

The  term  of  the  commissioner  of  public  health  first  ap- 
pointed hereunder  shall  terminate  on  the  first  Monday  in 
January,  nineteen  hundred  and  forty-five.  On  the  first  Mon- 
day in  January  in  the  year  nineteen  hundred  and  forty-five 
and  in  every  fifth  year  thereafter  the  mayor,  subject  to  con- 
firmation by  the  city  council,  shall  appoint  a  commissioner 
of  public  health  of  said  city  for  a  term  of  five  years.  Every 
such  commissioner  shall  serve  until  the  qualification  of  his 
successor.  Any  vacancy  in  office  shall  be  filled,  for  the  bal- 
ance of  the  unexpired  term,  in  the  same  manner  as  in  an 
original  appointment. 

Section  2.  Upon  the  _  qualification  of  the  commissioner 
of  public  health  initially  appointed  hereunder,  the  terms  of 
office  of  the  members  of  the  board  of  health  of  the  city  of 
Worcester  in  office  immediately  prior  thereto  shall  terminate, 
and  said  offices  shall  thereupon  be  abolished. 

Section  3.  There  shall  be  appointed  by  the  mayor  of 
said  city,  subject  to  confirmation  by  the  city  council,  an 
unpaid  board  to  be  known  as  the  advisory  health  board, 
whose  duties  shall  be  to  advise  and  assist  the  commissioner 


Acts,  1941.  — Chap.  592.  707 

of  public  health.  Said  board  shall  consist  of  three  members, 
two  of  whom  shall  have  received  the  degree  of  doctor  of 
medicine  from  a  medical  school  classified  as  provided  in  sec- 
tion one.  Of  the  members  initially  appointed  to  the  advisory 
health  board  hereunder,  the  term  of  one  member  shall  termi- 
nate on  the  first  Monday  in  January,  nineteen  hundred  and 
forty-two,  the  term  of  one  member  shall  terminate  on  the  first 
Monday  of  January,  nineteen  hundred  and  forty-three,  and 
the  term  of  one  member  shall  terminate  on  the  first  Monday 
in  January,  nineteen  hundred  and  forty-four;  and  the  two 
members  whose  terms  soonest  terminate  shall  be  members  of 
the  board  of  trustees  of  Belmont  Hospital  for  the  time  being. 
Members  of  said  board  shall  serve  until  the  qualification  of 
their  respective  successors.  As  the  terms  of  office  of  the 
members  of  the  advisory  health  board  initially  appointed 
hereunder  terminate,  their  successors  shall  be  appointed  for 
terms  of  three  years  each  and  until  the  qualification  of  their 
respective  successors.  Any  vacancy  in  office  shall  be  filled, 
for  the  balance  of  the  unexpired  term,  in  the  same  manner  as 
in  an  original  appointment.  Approved  August  S,  1941. 


An    Act    regulating    the    RE(iUIREMENTS    FOR    HEARINGS,   CkaV  592 
AND   FOR   NOTICES   OF  HEARINGS,    UPON   APPLICATIONS   FOR 
CERTAIN     CERTIFICATES     AND     PERMITS     BY     CARRIERS     OF 
PROPERTY   BY   MOTOR   VEHICLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  one  hundred  and  g.  l.  (Ter. 
fifty-nine  B  of  the  General  Laws,  as  appearing  in  section  §  3;  etct^  ' 
one  of  chapter  four  hundred  and  eighty-three  of  the  acts  amended, 
of  nineteen  hundred  and  thirty-eight,  is  hereby  amended  by 
striking  out  paragraph  (6)  and  inserting  in  place  thereof 
the  following  paragraph :  — 

(6)  Certificates  shall  be  issued  as  provided  in  paragraph  Hearings, 
(a)  of  this  section  only  after  notice  and  a  public  hearing  as  [equirements 
hereinafter  provided,  and  at  the  time  of  issuance,  and  from 
time  to  time  thereafter,  the  exercise  of  the  privileges  granted 
by  the  certificate  shall  be  subject  to  such  reasonable  terms, 
conditions  and  limitations  as  the  public  convenience  and 
necessity  may  require,  including  such  terms,  conditions  and 
limitations  as  to  the  extension  of  the  route  or  routes  of  the 
carrier  as  are  necessary  to  carry  out,  with  respect  to  his 
operations,  the  general  orders,  rules  and  regulations  adopted 
and  established  by  the  department  under  authority  of  this 
chapter;  provided,  that  no  such  terms,  conditions  or  limi- 
tations shall  restrict  the  right  of  the  carrier  to  add  to  his 
equipment  and  facilities  over  the  routes,  between  the  ter- 
mini, or  within  the  territory  specified  in  the  certificate,  as 
the  development  of  the  business  and  the  demands  of  the 
public  shall  require.  A  hearing  under  this  paragraph  shall 
be  held  twice  a  month  in  the  city  of  Boston  and  once  a  month 
in  each  of  the  cities  of  Fall  River,  Lowell,  Pittsfield,  Spring- 


708 


Acts,  1941.— Chap.  593. 


G.  L.  (Ter. 
Ed.),  159B, 
§  4,  etc., 
amended. 


Permits. 


field  and  Worcester  and  in  each  of  the  towns  of  Greenfield 
and  Plymouth,  at  a  time  and  place  to  be  determined  by  the 
department.  A  written  notice  of  such  hearing  shall  be  mailed 
by  the  department  at  least  seven  days  before  the  date  fixed 
therefor  to  the  applicant,  to  the  commissioner  of  public 
works,  to  every  railroad  and  electric  railway  company  serv- 
ing any  part  of  the  route  proposed  to  be  served  by  the  ap- 
plicant, and  to  each  person  filing  with  the  department  a 
written  request  for  such  notice;  and  a  copy  of  such  notice, 
including  a  list  of  the  applications  to  be  heard,  shall  be  posted, 
at  least  seven  days  before  the  date  fixed  for  the  hearing,  in 
the  office  of  the  department,  in  the  office  of  the  commercial 
motor  vehicle  division,  and  in  the  building  wherein  such  hear- 
ing is  to  be  held.  Under  such  general  or  special  rules  and 
regulations  as  the  commissioners  may  prescribe,  a  common 
carrier  by  motor  vehicle  operating  under  any  such  certificate 
may  occasionally  deviate  from  the  route  over  which,  and  the 
fixed  termini  between  which,  he  is  authorized  to  operate 
under  the  certificate. 

Section  2.  Section  four  of  said  chapter  one  hundred 
and  fifty-nine  B,  as  so  appearing,  is  hereby  amended  by 
striking  out  the  third  paragraph  and  inserting  in  place  thereof 
the  following  paragraph :  — 

Such  a  permit  shall  be  issued  only  after  notice  and  a  hear- 
ing, which  hearing  shall  be  held  in  the  same  manner  and 
to  the  same  extent  as  is  provided  in  paragraph  (b)  of  section 
three  for  hearings  on  applications  for  common  carrier 
certificates.  Each  application  for  such  a  permit  shall  be 
made  in  the  same  manner  as  is  provided  in  paragraph  (a) 
of  said  section  three  for  applications  for  certificates,  and  shall 
be  accompanied  by  a  fee  of  ten  dollars. 

Approved  August  2,  1941. 


I 


G   L.  (Ter. 
Ed.),  118,  §  2, 
etc.,  amended. 


C/ia». 593  An  Act  to  enable  the  department  of  public  welfare 
TO  co-operate  more  fully  with  the  federal  govern- 
ment IN  connection  with  the  administration  of  the 

LAWS  relative  TO  AID  TO  DEPENDENT  CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  tv/o  of  chapter  one  hundred  and 
eighteen  of  the  General  Laws,  as  appearing  in  section  one 
of  chapter  four  hundred  and  thirteen  of  the  acts  of  nineteen 
hundred  and  thirty-six,  is  hereby  amended  by  inserting 
after  the  word  "welfare"  in  the  first  line  the  words:  — 
,  .subject  to  the  supervision  of  the  department  and  in  com- 
pliance with  the  rules  and  regulations  adopted  by  the  de- 
partment pursuant  to  the  provisions  of  this  chapter,  —  so 
as  to  read  as  follows :  —  Section  2.  In  every  town  the  board 
of  public  welfare,  subject  to  the  supervision  of  the  depart- 
ment and  in  compliance  with  the  rules  and  regulations 
adopted  by  the  department  pursuant  to  the  provisions  of 
this  chapter,  shall  aid  every  parent  in  properly  bringing  up. 


Duties  of 
boards  of 
public  welfare. 


Acts,  1941.  — Chap.  594.  709 

in  his  or  her  own  home,  each  dependent  child  if  such  parent 
is  fit  to  bring  up  such  child,  but  no  aid  shall  be  granted  under 
this  chapter  for  or  on  account  of  any  child  unless  (1)  such 
child  has  resided  in  the  commonwealth  one  year  immedi- 
ately preceding  the  application  for  such  aid,  or  (2)  such  child 
was  born  within  the  commonwealth  within  one  year  immedi- 
ately preceding  such  application,  if  its  mother  has  resided 
in  the  commonwealth  for  one  year  immediately  preceding 
the  birth.  The  aid  furnished  shall  be  sufficient  to  enable 
such  parent  to  bring  up  such  child  or  children  properly  in 
his  or  her  own  home.  Nothing  in  this  chapter  shall  be  con- 
strued as  authorizing  any  public  official,  agent  or  representa- 
tive, in  carrying  out  any  provision  of  this  chapter,  to  take 
charge  of  any  child  over  the  objection  of  either  the  father  or 
the  mother  of  such  child,  or  of  the  person  standing  in  loco 
parentis  to  such  child,  except  pursuant  to  a  proper  court 
order. 

Section  2.  Said  chapter  one  hundred  and  eighteen  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  five,  as  so  ^tli'amfnded. 
appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  5.  The  department  shall  supervise  the  ad-  Department 
ministration  of  this  chapter,  and  for  this  purpose  may  adopt  vise  work  of 
rules  and  regulations  for  its  efficient  administration,  and  may  '°'^^'  ^°*""<^8- 
take  such  further  action  as  may  be  necessary  or  desirable 
for  carrying  out  its  purposes  in  conformity  with  all  require- 
ments governing  the  allowance  of  federal  aid  to  the  com- 
monwealth as  a  grant  for  aid  to  dependent  children.  The 
rules  and  regulations  adopted  by  the  department  may  in- 
clude, among  others,  provisions  relative  to  notice  and  reim- 
bursement, provisions  for  the  organization  of  the  activities 
of  local  boards  under  this  chapter,  including  provisions  as  to 
adequacy  of  personnel  and  for  a  uniform  system  of  records 
and  accounts  to  be  kept  by  the  local  boards,  and  the  manner 
and  form  of  making  reports  to  the  department.  The  depart- 
ment may  visit  and  inspect  any  or  all  families  so  aided,  and 
shall  have  access  to  any  records  and  other  data  kept  by 
such  boards  or  their  representatives  relating  to  such  aid, 
and  may  require  the  production  of  books  and  papers  and 
the  testimony  of  witnesses  under  oath.  The  department 
shall  make  an  annual  report,  and  shall  make  such  reports  to 
the  social  security  board  established  under  the  federal  social 
security  act,  approved  August  fourteenth,  nineteen  hundred 
and  thirty-five,  as  may  be  necessary  to  secure  to  the  com- 
monwealth the  benefits  of  said  act. 

Approved  August  2,  1941. 


An  Act  relative  to  the  sale  of  lands  of  low  value  Chav.594 

HELD    BY   CITIES   OR   TOW'NS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  sixty  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended   by   striking   out   section   seventy-nine,   as   most  ftci!  amended! 


710 


Acts,  1941.  — Chap.  594. 


Sale  without 
foreclosure  of 
lands  taken  or 
purchased  by 
city  or  town. 

Procedure, 
etc. 


recently  amended  by  section  one  of  chapter  one  hundred 
and  seventy-three  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  and  inserting  in  place  thereof  the  following  section:  — 
Section  79.  After  two  years  from  the  taking  or  purchase  by 
a  town  of  any  parcels  of  land  for  non-payment  of  taxes,  the 
commissioner  may,  and  on  written  application  of  the  town 
treasurer  shall,  inquire  into  the  value  of  such  parcels  and  the 
validity  of  tax  titles  held  thereon.  As  a  part  of  such  inquiry' 
the  commissioner  shall,  upon  written  request  therefor  by 
any  person  in  interest,  hear  such  person  relative  to  any 
matter  pertaining  to  such  inquiry.  If  the  commissioner  is  of 
opinion  that  such  parcels  are  of  insufficient  value  to  meet  the 
taxes,  interest  and  charges,  and  all  subsequent  taxes  and 
assessments  thereon,  together  with  the  expenses  of  a  fore- 
closure under  section  sixty-nine,  that  none  of  such  parcels 
exceeds  one  thousand  dollars  in  value,  and  that  the  facts 
essential  to  the  validity  of  the  tax  titles  on  such  lands  have 
been  adequately  established,  he  shall  make  affidavit  of  such 
finding,  which  shall  be  recorded  in  the  registry  of  deeds  for 
the  district  wherein  the  land  lies. 

The  commissioner  may  require  the  treasurer  to  include  in 
his  application  a  statement  under  the  penalties  of  perjurj' 
setting  forth  such  information  appearing  in  the  records  of 
the  assessors  and  of  the  collector  and  tending  to  establish 
the  validity  of  the  tax  titles  on  such  parcels  of  land  as  the 
commissioner  deems  meet.  The  statement  so  made,  or  such 
portion  thereof  as  the  commissioner  finds  pertinent,  may  be 
incorporated  in  his  affidavit  and,  when  recorded,  shall  be 
prima  facie  evidence  of  such  facts. 

Upon  the  recording  of  the  affidavit  the  treasurer  may  sell 
all  the  parcels  included  therein,  severally  or  together,  at 
public  auction  to  the  highest  bidder,  first  giving  notice  of  the 
time  and  place  of  sale  by  posting  a  notice  of  the  sale  in  some 
convenient  and  public  place  in  the  town  fourteen  days  at 
least  before  the  sale;  provided,  that  the  treasurer  at  such 
auction  may  reject  any  bid  which  he  deems  inadequate.  If 
the  sale  under  this  section  shall  not  be  made  within  four 
years  from  said  taking  or  purchase,  it  shall  be  made  by  the 
treasurer  for  the  time  being  when  he  deems  best,  or  at  once 
upon  service  on  him  of  a  written  demand  by  any  person 
interested  therein.  The  treasurer  shall  execute  and  deliver 
to  the  highest  bidder  whose  bid  has  not  been  rejected  as 
inadequate  a  deed  without  covenant  except  that  the  sale 
has  in  all  particulars  been  conducted  according  to  law.  Such 
deed  shall  not  be  valid  unless  recorded  within  sixty  days  after 
the  sale.  Title  taken  pursuant  to  a  sale  under  this  section 
shall  be  absolute  upon  the  recording  of  the  deed  of  the  treas- 
urer in  the  proper  registry  of  deeds  within  such  sixty  days. 

If  the  amount  received  from  the  sale  is  more  than  the  taxes, 
interest  and  charges,  and  subsequent  taxes  and  assessments, 
on  all  lands  included  in  the  sale,  together  with  the  expenses 
thereof,  the  balance  shall  be  deposited  with  the  town  treas- 
urer to  be  paid  to  the  person  entitled  thereto  if  demanded 


Acts,  1941.  — Chap.  594.  711 

within  five  years,  otherwise  it  shall  enure  to  the  town.  If 
such  surplus  results  from  the  sale  of  several  parcels  for  a 
lump  sum,  it  shall  be  held  as  aforesaid  for  the  several  owners 
in  proportion  to  the  prices  at  which  the  several  parcels  were 
originally  taken  or  purchased  by  the  town. 

Section  2.  Section  eighty  of  said  chapter  sixty,  as  most  SdV'fiJTso 
recently  amended  by  section  two  of  said  chapter  one  hun-  etc!, 'amended'. 
dred  and  seventy-three,  is  hereby  further  amended  by  strik- 
ing out  the  last  sentence  and  inserting  in  place  thereof  the 
following  sentence:  —  Such  deed  shall  not  be  valid  unless 
recorded  within  sixty  days  after  the  sale  under  this  section; 
and  the  title  of  the  town  to  land  conveyed  thereby  shall  be 
absolute  upon  the  recording  of  said  deed  in  the  proper  registry 
of  deeds  within  such  sixty  days,  —  so  as  to  read  as  follows: 
—  Section  80.  If  no  person  bids  at  such  a  sale  or  if  no  bid  Proceedings 
deemed  adequate  by  the  treasurer  is  made  thereat  and  if  the  of  bidst'etc, 
sale  has  been  adjourned  one  or  more  times,  the  treasurer  ^*^^'®- 
shall  then  and  there  make  public  declaration  of  the  fact,  and 
if  no  bid  or  no  bid  deemed  adequate  as  aforesaid  is  then  made 
he  shall  give  public  notice  that  he  purchases  for  the  town  by 
which  the  tax  is  assessed;  or  if  the  person  to  whom  the  land 
is  sold  does  not  within  ten  days  pay  to  the  treasurer  the  sum 
bid  by  him  the  sale  shall  be  void  and  the  town  shall  be  deemed 
to  be  the  purchaser  of  the  land.  If  the  town  becomes  the 
purchaser  hereunder,  the  treasurer  shall  execute  to  it  a  deed 
which  shall  set  forth  the  fact  that  no  bid  or  no  bid  deemed 
adequate  as  aforesaid  was  made  at  the  sale  or  that  the  pur- 
chaser failed  to  pay  the  amount  bid,  as  the  case  may  be.  Such 
deed  shall  not  be  valid  unless  recorded  within  sixty  days  after 
the  sale  under  this  section ;  and  the  title  of  the  town  to  land 
conveyed  thereby  shall  be  absolute  upon  the  recording  of 
said  deed  in  the  proper  registry  of  deeds  within  such  sixty 
days. 

Section  3.    Said  chapter  sixty  is  hereby  further  amended  Ed^'eo^new 
by  inserting  after  section  eighty,  as  amended,  the  two  fol-  §§  soa  and 
lowing  new  sections:  —  Section  80 A.     Any  person,  having  ^°®' '"^®''*®^' 
a  right  of  redemption  or  any  other  interest  in  the  land  con-  ^di'mption 
veyed  or  purporting  to  be  conveyed  under  section  seventy-  barred,  when. 
nine  or  section  eighty,  upon  whom  service  of  the  notice  of 
sale  provided  in  said  section  seventy-nine  has  been  made 
by  registered  mail,  who,  prior  to  the  sale,  neither  redeems 
the  land  nor  brings  proceedings  to  enjoin  the  sale,  shall, 
upon  the  recording  of  the  deed  as  required  by  said  section 
seventy-nine  or  said  section  eighty,  be  forever  barred  from 
raising  any  question  concerning  the  validity  of  the  title 
conveyed  thereby,  and  a  statement  contained  in  the  treas- 
urer's deed  that  such  service  has  been  made,  naming  the 
persons  who  were  served  by  registered  mail,  shall  be  prima 
facie  evidence  thereof. 

Section  80B.    The  holder  of  a  title  acquired  under  section  Jurisdiction 
seventy-nine  or  section  eighty,  whether  acquired  before  or  to  qiSet*^°^* 
after  the  effective  date  of  this  section,  may  file  in  the  land  *^*'®'  ®*^°- 
court  a  petition  to  establish  such  title  by  requiring  all  per- 


712  Acts,  1941.  — Chap.  594. 

sons  who  would  have  an  interest  in  the  land  involved  except 
for  either  the  petitioner's  title  or  his  chain  of  title  originating 
under  said  section  seventj'-nine  or  said  section  eighty  to 
show  cause  why  they  should  not  bring  an  action  to  try  any 
claim  or  claims  which  they  may  have  adverse  to  the  peti- 
tioner's title  arising  out  of  the  tax  proceedings  upon  which 
such  title  was  based.  The  petition  shall  set  forth  on  oath 
the  petitioner's  source  of  title,  giving  a  reference  to  the  place, 
book  and  page  of  record  of  the  deed  under  said  section  sev- 
enty-nine or  said  section  eighty  upon  which  the  petitioner 
relies,  the  description  of  the  land  involved  which  appeared 
in  the  tax  deed  or  instrument  of  taking  upon  which  such 
deed  under  said  section  seventy-nine  or  said  section  eighty 
was  based,  the  names  of  all  such  persons  known  to  the  peti- 
tioner and  such  other  facts  as  may  be  necessary  for  the  in- 
formation of  the  court;  but  the  petitioner  need  not  allege 
in  such  petition  nor  show  during  the  hearing  thereof  any 
error  or  irregularity  in  the  tax  proceedings  upon  which  such 
title  depends  or  any  other  defect  in  such  title.  The  petition 
shall  be  in  the  alternative  praying  that  such  persons  be 
ordered  to  show  cause  why  they  should  not  bring  action  to 
try  such  claim  or  claims  or,  if  such  persons  do  not  appear 
within  the  time  fixed  or,  having  appeared,  disobey  the  lawful 
order  of  the  court  to  try  their  claim  or  claims,  that  the  court 
enter  a  decree  that  they  be  forever  barred  from  having  or 
enforcing  any  such  claim  or  claims  adversely  to  the  peti- 
tioner, his  heirs  or  assigns,  in  the  land  described. 

Upon  the  filing  of  the  petition,  the  court  shall  notify  all 
such  persons  of  the  pendency  of  the  petition,  the  notice  to 
be  sent  to  each  by  registered  mail  and  the  return  of  receipt 
to  be  required,  the  addresses  of  such  persons,  so  far  as  may 
be  ascertained,  being  furnished  by  the  petitioner.  Such  other 
and  further  notice  bj^  publication  or  otherwise  shall  be  given 
as  the  court  may  at  any  time  order.  The  notice,  to  be  ad- 
dressed "To  all  whom  it  may  concern",  shall  contain  the 
name  of  the  petitioner,  the  names  of  all  respondents  named 
in  the  petition,  the  description  of  the  land,  and  a  statement 
of  the  nature  of  the  petition,  shall  fix  the  time  within  which 
appearance  may  be  entered  and  shall  contain  a  statement 
that  unless  the  persons  notified  shall  appear  within  the  time 
fixed  that  they  shall  be  forever  barred  from  having  or  en- 
forcing any  such  claim  or  claims  adversely  to  the  petitioner, 
his  heirs  or  assigns,  in  the  land  described. 

The  persons  so  notified  shall  by  answer  show  why  they 
should  not  be  required  to  bring  an  action  to  try  such  claim 
or  claims,  and'  the  court  shall  enter  an  appropriate  decree 
relative  to  bringing  and  prosecuting  such  action.  If  the 
persons  so  notified  do  not  appear  within  the  time  fixed  or, 
having  appeared,  disobey  the  lawful  order  of  the  court  to 
try  their  claim  or  claims,  the  court  shall  enter  a  decree 
that  they  be  forever  barred  from  having  or  enforcing  any 
such  claim  or  claims  adversely  to  the  petitioner,  his  heirs  or 
assigns,  in  the  land  described. 


Acts,  1941.  — Chaps.  595,  596.  713 

If,  as  the  result  of  such  a  petition,  the  petitioner's  title 
is  adjudged  invalid  by  a  court  of  competent  jurisdiction  be- 
cause of  errors  or  irregularities  in  the  tax  proceedings  upon 
which  it  was  based,  the  clerk,  upon  request,  shall  issue  a 
certificate  to  that  effect.  The  treasurer  of  the  city  or  town 
where  the  land  affected  by  such  title  is  situated,  upon  re- 
ceipt of  a  release  by  the  holder  of  said  title  of  all  interest 
which  he  may  have  under  it,  together  with  such  certificate, 
shall  refund  to  such  holder  the  amount  paid  therefor  but 
not  exceeding  the  amount  received  by  the  city  or  town. 

Notice  of  filing  the  petition  and  notice  of  the  final  disposi- 
tion thereof  shall  be  recorded  in  the  registry  of  deeds,  as 
provided  for  in  land  registration  proceedings. 

The  land  court  shall  have  jurisdiction  of  petitions  under 
this  section  and,  except  as  herein  provided,  practice  and  pro- 
cedure under  this  section  shall  conform  as  nearly  as  possible 
to  the  land  court  practice,  rules,  regulations  and  procedure 
under  chapter  one  hundred  and  eighty-five  in  so  far  as  the 
same  may  be  applicable.  Approved  August  2,1941. 


An  Act  reducing  the  rate  of  interest  on  betterment  phnr)  ^Q'^ 

ASSESSMENTS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  eighty  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  section  one  of  chapter  four  ^tci^amend^! 
hundred  and  eighty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  is  hereby  further  amended  by  striking  out, 
in  the  second  line,  as  appearing  in  section  one  of  chapter 
three  hundred  and  fifteen  of  the  acts  of  nineteen  hundred 
and  thirty-four,  the  word  "six"  and  inserting  in  place  thereof 
the  word :  —  four,  —  so  that  the  first  sentence  will  read  as 
follows :  —  Assessments  made  under  this  chapter  shall  bear  Assessments, 
interest  at  the  rate  of  four  per  cent  per  annum  from  the 
thirtieth  day  after  the  assessments  have  been  committed 
to  the  collector.  Approved  August  2,  1941. 


An  Act  to  promote  equality  of  compensation  for  posi-  Chap.5QQ 

TIONS   IN   THE   STATE   SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-four  of  chapter  six  of  the  g.  l.  (Ter, 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  ^menckd!  ^^' 
hereby  amended  by  striking  out,  in  the  fourth,  fifth  and 
sixth  lines,  the  words  "receive  such  salaries  as  may  be  fixed 
by  the  commissioner  of  state  aid  and  pensions,  subject  to 
the  approval  of  the  governor  and  council,  and  shall",  —  so 
as  to  read  as  follows:  —  Section  24-    The  governor,  with  the  Deputy  com- 
advice  and  consent  of  the  council,  shall  appoint  a  deputy  ^te°a'id'^and 
and  a  second  deputy  commissioner  of  state  aid  and  pensions  pensions,  etc. 
for  three  years,  who  shall  devote  their  whole  time  to  the 


714 


Acts,  1941.  — Chap.  596. 


G.  L.  (Ter. 
Ed.),  6,  §  45, 
etc.,  amended. 


Secretary  to 
alcoholic  bever- 
ages control 
commission, 
etc. 


G.  L.  (Ter. 
Ed.),  6,  §  48, 
etc.,  amended. 


Secretary  to 
state  racing 
commission, 
etc. 

G.  L.  (Ter. 
Ed.),  10,  §  5, 
etc.,  amended. 


Deputies,  etc., 
to  state 
treasurer. 


G.  L.  (Ter. 
Ed.),  11,  §  2, 
amended. 


Deputy  to 
state  auditor. 


G.  L.  (Ter. 
Ed.),  13,  §  25, 
amended. 


Board  of 
registration  in 
pharmacy, 
agents  of. 


G.  L.  (Ter. 
Ed.),  13,  §  36, 
amended. 


duties  of  their  offices.  They  shall  be  subject  to  the  direc- 
tion and  control  of  said  commissioner.  The  deputy  com- 
missioner, or  in  case  of  a  vacancy  in  his  office  or  in  his  ab- 
sence or  disability  the  second  deputy  commissioner,  shall 
perform  the  duties  of  said  commissioner  during  his  absence 
on  account  of  disability  or  other  cause. 

Section  2.  Said  chapter  six  is  hereby  further  amended 
by  striking  out  section  forty-five,  inserted  by  section  two  of 
chapter  one  hundred  and  twenty  of  the  acts  of  nineteen 
hundred  and  thirty-three,  and  inserting  in  place  thereof  the 
following  section :  —  Section  1^5.  The  commission  may  ap- 
point and  remove  a  secretary,  with  the  approval  of  the 
governor  and  council.  It  may  expend  for  such  clerical  and 
other  assistants  as  may  be  necessary  for  the  performance  of 
its  duties  such  amounts  as  may  be  appropriated.  Each 
member  of  the  commission,  and  each  of  its  employees  hav- 
ing access  to  moneys  received  by  it,  shall  give  to  the  state 
treasurer  a  bond  for  the  faithful  performance  of  his  duties 
in  a  penal  sum  and  with  sureties  approved  by  the  governor 
and  council. 

Section  3.  Section  forty-eight  of  said  chapter  six,  in- 
serted by  section  two  of  chapter  three  hundred  and  seventy- 
four  of  the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby 
amended  by  striking  out  the  last  paragraph  and  inserting 
in  place  thereof  the  following  paragraph:  — 

The  commission  may  appoint  and  remove  a  secretary  and 
other  assistants  who  shall  be  exempt  from  the  provisions  of 
chapter  thirty-one. 

Section  4.  Section  five  of  chapter  ten  of  the  General 
Laws,  as  so  appearing,  is  hereby  amended  by  striking  out 
the  first  sentence  and  inserting  in  place  thereof  the  following 
sentence: — The  state  treasurer,  with  the  consent  of  the 
governor  and  council,  may  appoint,  and  may  for  cause  with 
such  consent  remove,  a  first  and  a  second  deputy  treasurer 
and  shall  prescribe  their  respective  duties. 

Section  5.  Section  two  of  chapter  eleven  of  the  General 
Laws,  as  so  appearing,  is  hereby  amended  by  striking  out 
the  first  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  state  auditor,  with  the  consent  of  the  gov- 
ernor and  council,  shall  appoint  a  first  deputy  auditor  who 
shall  perform  such  duties  as  may  be  assigned  him  by  the 
auditor  and  who  may  be  removed  by  him  for  cause  at  any 
time,  with  the  consent  of  the  governor  and  council. 

Section  6.  Chapter  thirteen  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twenty-five,  as  so 
appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  25.  The  board  shall  appoint  not  more  than 
four  agents  who  shall  be  allowed  necessary  traveling  ex- 
penses. They  shall  inspect  drug  stores  and  make  a  daily 
report  of  their  doings  pertaining  thereto,  and  report  all  viola- 
tions of  the  laws  relating  to  pharmacy. 

Section  7.  Section  thirty-six  of  said  chapter  thirteen,  as 
so  appearing,  is  hereby  amended  by  striking  out  the  second 


Acts,  1941.  — Chap.  596.  715 

paragraph  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

Said  board  shall  appoint  an  executive  secretary  who  is  a  Secretary 
citizen  of  the  commonwealth  and  has  had  at  least  ten  years'  examlifers 
continuous  practical  experience  as  a  plumber.    He  shall  re-  of  plumbers. 
ceive  his  necessary  traveling  expenses  incurred  in  the  per- 
formance of  his  duties. 

Section  8.     Chapter  fourteen  of  the  General   Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  four,  as  so  appear-  ameAdeli  ^  ^' 
ing,  and  inserting  in  place  thereof  the  following  section :  — 
Section  4-    The  commissioner,  with  the  advice  and  consent  Deputy  com- 
of  the  governor  and  council,  may  appoint  and  remove  the  ""corporation^ 
following  officers  and  subordinates  in  his  department:  and  taxation. 

A  deputy  commissioner  and  a  second  deputy; 

Directors  of  divisions; 

Such  supervisors  of  assessors,  assistants  and  examiners  as 
the  commissioner  may  deem  necessary,  subject  to  the  ap- 
proval of  the  governor  and  council,  one  income  tax  assessor 
for  each  district  established  by  the  commissioner  for  the 
assessment  and  collection  of  the  income  tax,  and  such  dep- 
uty income  tax  assessors,  who  may  be  members  of  local 
boards  of  assessors,  as  the  governor  and  council  may  deem 
necessary; 

A  principal  appraiser; 

Such  assistants  to  the  director  of  accounts  as  may  from 
time  to  time  be  necessary  to  carry  out  sections  forty-four  to 
forty-seven,  inclusive,  of  chapter  thirty-five  and  sections 
thirty-five  to  forty-three,  inclusive,  of  chapter  forty-four.  ' \ 

He  may  appoint  from  time  to  time  such  appraisers  as  may  \ 

be  necessary  to  appraise  property  subject  to  the  inheritance 
tax  or  to  assist  him  in  determining  land  values  under  section 
thirteen  of  chapter  fifty-eight. 

He  may  appoint  such  additional  officials,  agents,  clerks 
and  other  employees  as  the  work  of  the  department  requires 
and  may  remove  them. 

Section  9.    Chapter  fifteen  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  five,  as  so  appearing,  and  fjf,ende^d  ^  ^' 
inserting  in  place  thereof  the  following  section :  —  Section  5.  Assistants  etc 
Except   as  otherwise   provided   in   this    chapter,    directors  in  department ' 
of  divisions  of  the  department  shall  be  appointed  and  may  °^  education. 
be  removed  by  the  commissioner,  with  the  approval  of  the 
board.    Except  in  the  case  of  the  teachers'  retirement  board, 
the  division  of  public  libraries,  the  division  of  the  blind  and 
institutions  under  the  department,  the  commissioner  may 
appoint  such  assistants  as  the  work  of  the  department  may 
require,  may  assign  them  to  divisions,  transfer  and  remove 
them;  but  none  of  such  employees  shall  have  any  direct  or 
indirect  pecuniary  interest  in  the  publication  or  sale  of  any 
text  or  school  book,  or  article  of  school  supply  used  in  the 
public  schools  of  the  commonwealth.   For  the  compensation 
of  such  assistants  as  it  may  employ,  for  conferences  and  con- 
ventions of  teachers  held  under  the  direction  of  the  depart- 
ment, and  for  traveling  and  other  necessary  expenses  incurred 


716 


Acts,  1941.  — Chap.  596. 


G.  L.  (Ter. 
Ed.),  16.  §  5, 
amended. 

Registrar  of 
motor  vehicles. 


G.  L.  (Ter. 
Ed.),  17.  §  4, 
amended. 

Directors  of 
divisions,  etc., 
in  department 
of  public 
health. 


G.  L.  (Ter. 
Ed.),  18.  §  7, 
etc.,  amended. 


Director  of 
aid  and  relief 
to  give  bond. 


G.  L.  (Ter. 
Ed.).  18,  §  9, 
amended. 


Director  of 
child  guardian- 
ship. 


G.  L.  (Ter. 
Ed.).  18.  §  18. 
etc..  amended. 


State  bousing 
board  may 
appoint  clerks, 
etc. 


G.  L.  (Ter. 
Ed.),  20,  §  4, 
etc..  amended. 


by  the  members  and  subordinates,  the  department  maj-  be 
allowed  such  sums  as  may  be  appropriated. 

Section  10.  Chapter  sixteen  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  five,  as  so  appearing, 
and  inserting  in  place  thereof  the  following  section:  —  Sec- 
tion 5.  The  commissioner  shall  appoint  and  may  remove, 
subject  to  the  approval  of  the  governor  and  council,  an 
official  to  be  known  as  the  registrar  of  motor  vehicles. 

Section  11.  Chapter  seventeen  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  four,  as  so  appearing, 
and  inserting  in  place  thereof  the  following  section:  —  Sec- 
tion !{..  There  shall  be  in  the  department  a  division  of  sana- 
toria and  such  other  divisions  as  the  commissioner,  with 
the  approval  of  the  public  health  council,  may  from  time 
to  time  determine.  The  commissioner,  subject  to  the  ap- 
proval of  the  governor  and  council,  may  appoint  and 
remove  a  director  of  the  division  of  sanatoria,  and,  sub- 
ject to  the  approval  of  the  public  health  council,  shall 
appoint  and  may  remove  a  director  to  take  charge  of  every 
other  division,  and  shall  prescribe  the  duties  of  such  other 
divisions. 

Section  12.  Chapter  eighteen  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  seven,  as  amended  by 
section  one  of  chapter  three  hundred  and  eleven  of  the  acts 
of  nineteen  hundred  and  thirty-five,  and  inserting  in  place 
thereof  the  following  section:  —  Section  7.  The  commis- 
sioner, with  the  approval  of  the  governor  and  council,  shall 
appoint  and  may  remove  the  director  of  the  division  of  aid 
and  relief,  who,  under  the  supervision  and  control  of  the  com- 
missioner, shall  perform  the  duties  required  of  him  by  law 
relative  to  the  state  adult  poor.  Said  director  shall  give  a 
bond  to  the  state  treasurer  for  the  faithful  performance  of 
his  duties  in  such  sum  as  the  comptroller  may  prescribe. 

Section  13.  Said  chapter  eighteen  is  hereby  further 
amended  by  striking  out  section  nine,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section :  —  Section  9.  The  commissioner,  with  the 
approval  of  the  governor  and  council,  shall  appoint  and  may 
remove  a  director  of  the  division  of  child  guardianship,  who, 
under  the  supervision  and  control  of  the  commissioner,  shall 
perform  the  duties  required  of  him  by  law  relative  to  children. 
Section  14.  Section  eighteen  of  said  chapter  eighteen, 
as  amended  by  section  one  A  of  chapter  four  hundred  and 
forty-nine  of  the  acts  of  nineteen  hundred  and  thirty-five,  is 
hereby  amended  by  striking  out  the  first  sentence  and  insert- 
ing in  place  thereof  the  following  sentence:  —  Subject  to  the 
approval  of  the  governor  and  council,  the  housing  board  may 
appoint  such  assistants  as  the  work  of  the  board  may  re- 
quire and  may  remove  them,  and  may  make  such  expendi- 
tures as  may  be  necessary  in  order  to  execute  effectively  the 
functions  vested  in  it. 

Section  15.  Chapter  twenty  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  four,  as  most  recently 


Acts,  1941.  — Chap.  596.  717 

amended  by  section  one  of  chapter  three  hundred  and  forty 
of  the  acts  of  nineteen  hundred  and  thirty-four  and  as 
subsequently  affected,  and  inserting  in  place  thereof  the 
following    section:  —  Section  A-     The    commissioner    shall  Organization 

'=' , ,         ,  ,  ,    .        T     •    •  -IT  T     •    •  J-  of  department 

orgamze  the  department  m  divisions,  including  a  division  of  of  agriculture. 
dairying  and  animal  husbandry,  a  division  of  plant  pest  con-  Directors  of 
trol  and  fairs,  a  division  of  markets,  a  division  of  livestock  dj'^sions,  etc. 
disease  control,  and  such  other  divisions  as  he  may  from  time 
to  time  determine,  and  shall  assign  to  said  divisions  their 
functions.  The  work  of  each  division  shall  be  in  charge  of  a 
director.  The  director  of  the  division  of  livestock  disease 
control  shall  be  known  as  the  director  of  Hvestock  disease 
control,  and  shall  be  appointed  and  may  be  removed  by  the 
governor,  with  the  advice  and  consent  of  the  council.  The 
commissioner  shall  appoint  and  may  remove  a  director  for 
each  of  the  other  divisions.  The  commissioner  may  also 
appoint,  except  as  to  the  division  of  livestock  disease  control, 
such  other  assistants  as  the  work  of  the  department  may  re- 
quire and  may  assign  them  to  divisions,  transfer  and  remove 
them. 

Section  16.     Section  four  of  chapter  twenty-three  of  the  g.  l.  (Xer. 
General  Laws,  as  most  recently  amended  bj^  section  one  of  etc..  amended, 
chapter  two  hundred  and  sixty-one  of  the  acts  of  nineteen 
hundred   and   thirty-nine,   is   hereby   further   amended  by 
striking  out  the  first  two  sentences  and  inserting  in  place 
thereof  the  two  following  sentences :  —  The  commissioner,  Director  of 
assistant  commissioner  and  associate  commissioners  may,  ne^cess^ariL*" 
with  the  approval  of  the  governor  and  council,  appoint  not  °f'^f«- 
more  than  five  directors,  and  may,  with  like  approval,  re- 
move them.     One  of  them,  to  be  known  as  the  director  of 
standards  and  necessaries  of  life,  shall  have  charge  of  the 
division  of  standards  and  of  the  division  on  the  necessaries 
of  life,  and  each  of  the  others  shall  be  assigned  to  take  charge  of 
a  division,  other  than  the  division  of  public  employment  offices. 

Section  17.     Section  nine  I  of  said  chapter  twenty-three,  g.  l.  (Ter. 
as  appearing  in  section  one  of  chapter  twenty  of  the  acts  of  ^tt! 'amended, 
nineteen  hundred  and  thirty-nine,  is  hereby  amended  by 
striking  out  paragraph  (b)  and  inserting  in  place  thereof  the 
following  paragraph :  — 

(6)  The  director  shall  receive  a  salary  of  seventy-five  salary. 
hundred  dollars. 

Section  17A.     Said    chapter    twenty-three    is    hereby  a  L.^Ter. 
further  amended  by  striking  out  section  eleven  C,  inserted  §  lic.  etc.. 
by  chapter  four  hundred  and  twenty-seven  of  the  acts  of  amended, 
nineteen  hundred  and  thirty-seven,  and  inserting  in  place 
thereof  the  following  section:  —  Section  IIC.     Subject  to  Secretary, 
the  approval  of  the  governor  and  council,  the  commission  vJopmen^ 
may  appoint  a  secretary  and  such  experts  as  it  may  require  ^°^^3^„n'*' 
and  may  remove  them  with  like  approval.     It  may  also 
employ  such  other  necessary  clerks  and  employees  as  it  may 
require.    Authorized  representatives  of  the  commission  may 
travel  outside  the  commonwealth  for  the  pjurpose  of  carrying 
out  section  eleven  D. 


718 


Acts,  1941.  — Chap.  596. 


G.  L.  (Ter. 
Ed.),  25, 
§  12C,  etc., 
amended. 


Division 
of  smoke 
inspection. 


G.  L.  (Ter. 
Ed.),  25, 
§  12F,  etc.. 
amended. 


Commercial 
motor  vehicle 
division, 
director  of,  etc. 


G.  L.  (Ter. 
Ed.),  26,  §  3, 
amended. 


Deputy  com- 
missioner of 
insurance. 


Section  18.  Chapter  twenty-five  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twelve  C,  inserted 
by  section  one  of  chapter  three  hundred  and  fifty-two  of 
the  acts  of  nineteen  hundred  and  thirty-four,  and  inserting 
in  place  thereof  the  following  section :  —  Section  12C.  There 
shall  be  in  the  department,  and  under  its  supervision  and 
control,  a  division  of  smoke  inspection  consisting  of  a  director, 
who  shall  have  charge  of  said  division.  The  commission, 
with  the  approval  of  the  governor  and  council,  shall  appoint 
said  director  for  a  term  of  five  years.  The  commission,  with 
like  approval,  or  the  governor,  may  remove  said  director  at 
any  time  for  cause.  Said  director  shall  not  engage  in  any 
other  business,  and  he  shall  be  an  experienced  engineer. 

Section  19.  Said  chapter  twenty-five  is  hereby  further 
amended  by  striking  out  section  twelve  F,  as  most  recently 
amended  by  section  one  of  chapter  three  hundred  and  thirty- 
five  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
12F.  There  shall  be  in  the  department,  and  under  the  gen- 
eral supervision  and  control  of  the  commission,  a  commercial 
motor  vehicle  division  which  shall  be  under  the  charge  of  a 
director,  who  shall  be  subject  to  chapter  thirty-one  and  the 
rules  and  regulations  made  vmder  authority  thereof.  The 
commission  shall  appoint  said  director.  Said  division,  sub- 
ject to  such  supervision  and  control,  shall  perform  such  func- 
tions in  relation  to  the  administration  and  enforcement  of 
chapter  one  hundred  and  fifty-nine  B  imposed  upon  the  de- 
partment by  said  chapter  as  the  commission  may  from  time 
to  time  determine  by  order  duly  recorded  in  the  office  of  the 
comhiission  and  open  to  public  inspection.  Such  an  order 
may  also  provide  for  appeals  to  the  commission  from  rulings 
and  decisions  of  said  director.  The  commission  may  employ 
such  assistants  and  employees  to  serve  in  said  division  as  it 
may  deem  necessary,  and  may  assign  for  service  in  said  di- 
vision such  number,  not  exceeding  twenty-five,  of  investiga- 
tors and  examiners  as  it  may  deem  necessary. 

Section  20.  Chapter  twenty-six  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  three,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section:  —  Section  3.  Subject  to  the  approval 
of  the  governor  and  council,  the  commissioner  ma}^  appoint 
and  remove  a  deputy  commissioner.  The  commissioner  may 
appoint  and  remove  such  assistants  as  the  work  of  the  divi- 
sion may  require.  He  shall  be  allowed  necessary  expenses, 
including  those  for  the  investigation  of,  and  prosecution 
for,  violation  of  any  provision  of  sections  ninety-.six  to  one 
hundred  and  fourteen,  inclusive,  of  chapter  one  hundred 
and  forty,  and  the  actual  expenses  incurred  by  him  and  his 
subordinates  in  traveling  in  the  performance  of  official 
duties.  The  assistants  shall  give  bonds,  with  sureties  to  be 
approved  by  the  commissioner,  for  the  faithful  performance 
of  their  duties. 


Acts,  1941.  — Chap.  596.  719 

Section  21.    Said  chapter  twenty-six  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  four,  as  so  appearing,  and  amenckd.^  *' 
inserting  in  place  thereof  the  following  section :  —  Section  4-  Super\asor  of 
The  commissioner  of  banks,  with  the  approval  of  the  gov-  '"^^  agencies. 
ernor  and  council,  may  appoint  and  remove  a  deputy  as 
supervisor  of  loan  agencies,  who  shall  give  bond  in  the  sum 
of  five  thousand  dollars,  with  sufficient  sureties,  payable  to 
and  approved  by  the  state  treasurer. 

Section  22.    Chapter  twenty-seven  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  two,  as  amended  ^tl!  amended. 
by  chapter  ninety  of  the  acts  of  nineteen  hundred  and 
thirty-nine,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  2.    The  commissioner,  with  the  approval  of  Deputy  com- 

,1  1  •!  •     j^  1  i  missioners  of 

the  governor  and  council,  may  appomt  and  remove  two  correction. 
deputy  commissioners.  The  deputy  commissioners  shall 
perform  such  duties  as  the  commissioner  shall  prescribe. 
One  deputy  commissioner,  who  shall  be  designated  by 
the  commissioner,  shall  perform  the  duties  of  the  commis- 
sioner during  his  absence  or  disability,  and  the  other  shall 
perform  such  duties  during  the  absence  or  disability  of 
the  commissioner  and  also  of  the  deputy  commissioner 
so  designated,  or  during  the  absence  or  disability  of  the 
commissioner  in  case  the  office  of  the  deputy  commissioner 
so  designated  is  then  vacant. 

Section  23.     Chapter  twenty-eight  of  the  General  Laws  g.  l.  (Ter. 
is    hereby    amended    by    striking    out    section    three,    as  ftt!  amended, 
amended  by  section  one  of  chapter  two  hundred  and  forty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-six  and  in- 
serting in  place  thereof  the  following  section :  —  Section  S.  ^tc""of  metro"^' 
The  commissioner  shall  be  the  executive  and  administrative  poiitan  district 
head  of  the  commission  and  shall  organize  it  in  such  divi-  <=°™™ssi°n- 
sions  as  he  may  from  time  to  time  determine.     He  may 
appoint  a  director  of  each  division  to  have  charge  of  its 
work.     Every  such   director  shall  be  subject  to  chapter 
thirty-one. 

Section  24.     Chapter  fifty-eight  A  of  the  General  Laws  S^^-^'^®''-. 
is  hereby  amended  by  striking  out  section  five,  as  amended  etc!,  amended.' 
by  chapter  three  hundred  and  eighty-one  of  the  acts  of 
nineteen   hundred   and   forty-one,    and   inserting   in   place 
thereof  the  following  section:  —  Section  5.     The  members  Certain 
and  employees  of  the  board  shall  receive  their  necessary  members  of 
traveling  expenses  and  their  expenses  actually  incurred  for  ^a°x  a^DpLis 
subsistence  while  traveling  outside  the  city  of  Boston  in 
the  performance  of  their  duties.     The  board,  subject  to  the  cierks, 

■I  ^  ti  6niDloVG©s   etc 

approval  of  the  governor  and  council,  may  appoint  such 
employees,  including  a  clerk,  and  make  such  expenditures, 
including  expenditures  for  law  books  and  publications,  as 
may  be  necessary  in  order  to  execute  efficiently  the  func- 
tions 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  applicable  general 
or  special  law  relative  to  retirement  systems.     All  expendi- 


720 


Acts,  1941.  — Chap.  597. 


G.  L.  (Ter. 
Ed.),  122,  §  1, 
etc.,  amended. 


Trustees  of  the 
Tewksbury 
state  hospital 
and  infirmary, 
duties  of. 


Annual 
report. 


G.  L.  (Ter. 

Ed.),  125, 

§  46,  repealed. 


tures  of  the  board  shall  be  allowed  and  paid  out  of  moneys 
appropriated  for  the  purposes  of  the  board,  upon  presenta- 
tion of  itemized  vouchers  therefor,  signed  by  the  chairman 
or  a  person  designated  by  the  board  for  the  purpose. 

Section  25.  Chapter  one  hundred  and  twenty-two  of 
the  General  Laws  is  hereby  amended  by  striking  out  sec- 
tion one,  as  amended  by  section  nineteen  of  chapter  three 
hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserthig  in  place  thereof  the  following  sec- 
tion:—  Section  1.  The  trustees  of  the  Tewksbury  state 
hospital  and  infirmary,  in  this  chapter  called  the  trustees, 
shall  hold  meetings  monthly  at  said  hospital  and  infirmary. 
One  trustee  shall  visit  the  institution  at  least  once  a  week. 
The  trustees  shall  appoint  a  superintendent  thereof,  who, 
with  the  approval  of  the  governor  and  council,  may  be  the 
resident  physician,  who  shall  hold  office  at  the  pleasure  of 
the  trustees.  All  other  officers  and  employees  shall  be 
appointed  by  the  superintendent,  subject  to  the  approval  of 
the  trustees.  The  trustees  shall  not  employ  one  of  their 
own  members.  The  commissioner  of  public  welfare  shall 
make  an  annual  report  of  the  condition  of  the  institution, 
with  a  copy  of  the  inventory  required  by  section  forty  of 
chapter  one  hundred  and  twenty-one. 

Section  26.  Section  forty-six  of  chapter  one  hundred 
and  twenty-five  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  repealed. 

Approved  August  2,  1941. 


Chap 


G.  L.  (Ter. 
Ed.),  118A, 
§  2,  etc., 
amended. 


.597  A.N  Act  to  enable  the  department  of  public  welfare 

TO  CO-OPERATE  MORE  FULLY  WITH  THE  FEDERAL  GOVERN- 
MENT IN  CONNECTION  W^TH  THE  ADMINISTRATION  OF  THE 
LAWS  RELATIVE  TO  OLD  AGE  ASSISTANCE. 

Be  it  enacted,  etc.,  as. follows: 

Section  1.  Section  two  of  chapter  one  hundred  and 
eighteen  A  of  the  General  Laws,  as  most  recently  amended 
by  section  two  of  chapter  four  hundred  and  forty  of  the  acts 
of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  inserting  after  the  word  "assistance"  in  the 
fourth  line  the  following  new  sentence:  —  Boards  of  public 
welfare  and  bureaus  of  old  age  assistance  in  performing  the 
duties  imposed  upon  them  and  in  exercising  the  powers 
granted  to  them  under  this  chapter  shall  be  subject  to  the 
supervision  of  the  department  and  shall  comply  with  all 
rules  and  regulations  adopted  by  the  department  pursuant 
to  the  provisions  of  this  chapter,  —  by  striking  out,  in  the 
fourteenth  line,  the  words  "appeal  board  hereinafter  provided 
for"  and  inserting  in  place  thereof  the  word:  —  department, 
—  and  by  striking  out,  in  the  eighteenth  line,  the  words 
"appeal  board"  and  inserting  in  place  thereof  the  word:  — 
department,  —  and  by  striking  out,  in  the  thirty-second 
line,  the  words  "to  the  general  court",  —  so  as  to  read  as 


Acts,  1941. —  Chap.  597.  721 


follows:  —  Section  2.     Each  board  of  public  welfare  shall,  Bureau  of  rfd 

e         .-I  e  ■•  1  ,•,  1  •         age  assistance 

for  the  purpose  of  granting  adequate  assistance  and  service  .     . 

to  such  aged  persons,  establish  a  division  thereof  to  be  desig-  of^'need 'for '°' 
nated  as  the  bureau  of  old  age  assistance.  Boards  of  public  ^^^istance. 
welfare  and  bureaus  of  old  age  assistance  in  performing  the  ft'c°''^^"'*' 
duties  imposed  upon  them  and  in  exercising  the  powers 
granted  to  them  under  this  chapter  shall  be  subject  to  the 
supervision  of  the  department  and  shall  comply  with  all  rules 
and  regulations  adopted  by  the  department  pursuant  to  the 
provisions  of  this  chapter.  In  determining  the  need  for 
financial  assistance,  said  bureaus  shall  give  consideration  to 
the  resources  of  the  aged  person,  but  no  action  shall  be 
brought  under  sections  twenty  to  twenty-two,  inclusive,  of 
chapter  two  hundred  and  seventy-tliree  by  a  board  of  public 
welfare  in  connection  with  the  granting  of  assistance  under 
this  chapter  except  with  the  written  approval  of  the  depart- 
ment. Not  later  than  fourteen  days  from  the  initial  payment 
to  applicants,  notice  on  a  form  prescribed  by  the  department 
shall  be  forwarded  to  the  department,  stating  in  each  case  any 
and  all  deductions  from  the  amounts  of  assistance  prescribed 
herein  and  the  reasons  for  all  such  deductions.  If  said  de- 
ductions in  a  particular  case  are  not  approved  by  said  depart- 
ment they  shall  not  be  made  in  subsequent  payments  in  said 
case  and  the  amount  of  deductions  made  in  such  initial  pay- 
ment shall  be  added  to  the  amount  of  the  next  succeeding 
payment.  In  determining  the  amounts  of  assistance  to  be 
paid  under  this  chapter,  local  boards  of  public  welfare  shall 
determine  that  all  applicants  eligible  for  such  assistance 
shall  receive  such  assistance  in  the  amounts  prescribed  herein 
or  in  amounts  which  would  bring  said  applicants'  total  in- 
come to  the  equivalent  of  such  amounts.  Separate  records 
of  all  such  aged  persons  who  are  assisted  shall  be  kept  and 
reports  returned  in  the  manner  prescribed  by  section  thirty- 
four  of  chapter  forty-one  and  by  sections  thirty-two  and 
thirtj^-three  of  chapter  one  hundred  and  seventeen.  The 
department  shall  make  an  annual  report,  and  also  such  re- 
ports to  the  social  security  board  estabhshed  under  the  fed- 
eral social  security  act,  approved  August  fourteenth,  nine- 
teen hundred  and  thirty-five,  as  may  be  necessary  to  secure 
to  the  commonwealth  the  benefits  of  said  act. 

Section  2.     Said  chapter  one  hundred  and  eighteen  A  is  g.  l.  (Xer. 
hereby  further  amended   by  striking  out  section  ten,   as  fio.'eVc^,^' 
appearing  in  section  one  of  chapter  four  hundred  and  thirty-  amended, 
six  of  the  acts  of  nineteen  hundred  and  thirty-six,  and  in- 
serting in  place  thereof  the  following  section:  —  Section  10.  de^art^entof 
The  department  shall  supervise  the  administration  of  this  public  welfare, 
chapter,  and  for  this  purpose  may  adopt  rules  and  regulations 
for  its  efficient  administration,  and  may  take  such  action  as 
may  be  necessary  or  desirable  for  carrying  out  its  purposes 
in  conformity  with  all  requirements  governing  the  allow- 
ance of  federal  aid  to  the  commonwealth  as  a  grant  for  old 
age  assistance.     The  rules  and  regulations  adopted  by  the  Rules  and 
department  may  include,  among  others,  provisions  relative  etc.^^''°'^' 


722 


Acts,  1941.  — Chap.  598. 


to  notice  and  reimbursement,  the  organization  of  the  activi- 
ties of  bureaus  of  old  age  assistance  under  this  chapter,  in- 
ckiding  provisions  for  adequacy  of  personnel,  a  uniform 
system  of  records  and  accounts  to  be  kept  by  boards  of 
public  welfare  or  bureaus  of  old  age  assistance,  and  for  the 
manner  and  form  of  making  reports  to  the  department.  The 
department  may  visit  any  person  assisted,  and  shall  have 
access  to  any  records  and  other  data  kept  by  the  boards  of 
public  welfare  or  their  representatives  relating  to  such  as- 
sistance, and  may  require  the  production  of  books  and  papers 
and  the  testimony  of  witnesses  under  oath. 

Approved  August  2,  1941- 


Chav.698  ^n  Act  to  amend  the  laws  relative  to  marine  fish  and 
fisheries  including  crustacea  and  shellfish  and  in 
certain  other  respects. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  General  Laws  are  hereby  amended  by 
striking  out  chapter  one  hundred  and  thirty,  as  amended,  and 
inserting  in  place  thereof  the  following  chapter :  — 


G.  L.  (Ter. 
Ed.).  130, 
stricken  out 
and  new  chap- 
ter 130, 
inserted. 


Chapter  130. 

Marine  Fish  and  Fisheries. 

Definitions  and  Rules  of  Construction. 

Definitions.  Scction  1.     In  this  chapter,  unless  the  context  otherwise 

requires,  the  following  words  shall  have  the  following  mean- 
ings and  the  following  rules  of  construction  shall  apply: 

"Angling",  fishing  with  hand  line  or  rod,  with  naturally 
or  artificially  baited  hook. 

"Clam",  a  marine  mollusk  of  the  species  Mya  arenaria 
commonly  called  the  soft-shell  clam. 

"Close  season",  the  time  during  which  fish  cannot  law- 
fully be  taken. 

"Coastal  warden",  a  coastal  warden  appointed  under 
section  eight  B  of  chapter  twenty-one. 

"Coastal  waters",  all  waters  of  the  commonwealth  within 
the  rise  and  fall  of  the  tide  and  the  marine  limits  of  the  juris- 
diction of  the  commonwealth,  but  not  waters  within  or  above 
any  fishway  or  dam  nor  waters  above  any  tidal  bound  legally 
established  by  the  department  of  public  works  in  streams 
flowing  into  the  sea. 

"Commissioner",  the  commissioner  of  conservation. 

"Dealer",  any  person  who  commercially  handles  fish. 

"Department",  the  department  of  conservation. 

"Deputy"  or  "deputy  coastal  warden",  a  deputy  coastal 
warden  appointed  under  section  eight  B  of  chapter  twenty- 
one. 

"Director",  the  director  of  the  division  of  marine  fisheries. 

"Division",  the  division  of  marine  fisheries. 


Acts,  1941.  — Chap.  598.  723 

"Fish",  any  animal  life  inhabiting  the  coastal  waters  in- 
ckiding  any  crustacean  or  marine  fish,  whether  free  swim- 
ming or  free  moving,  and  any  shellfish  or  sea  worms,  whether 
or  not  embedded  in  the  soil.  All  provisions  of  the  chapter 
relative  to  fish  shall,  so  far  as  apt,  apply  also  to  lobster 
meat  and  crab  meat  after  the  same  has  been  taken  from  the 
shell. 

The  verb,  "to  fish",  in  all  of  its  moods  and  tenses,  to  take 
or  to  attempt  to  take  fish  by  any  method  or  means,  whether 
or  not  such  method  or  means  results  in  their  capture. 

"Fish  car",  a  box  or  other  contrivance  in  coastal  waters, 
whether  floating  or  sunken,  used  for  keeping  fish  alive. 

"Fish  inspector",  a  fish  inspector  appointed  under  said 
section  eight  B  of  chapter  twenty-one. 

"Lobster",  the  common  American  lobster,  of  the  species 
Homarus  americanus. 

"Marine  fisheries",  all  fisheries  in  coastal  waters. 

"Open  season",  the  time  during  which  fish  may  lawfully 
be  taken. 

"Quahaug",  a  marine  mollusk  of  the  species  Venus  mer- 
cenaria  commonly  called  the  hard-shell  clam. 

"Retail  dealer",  any  person  not  a  wholesale  dealer  who 
distributes  fish  commercially. 

"Scallop",  a  marine  mollusk  of  the  species  Pecten  irra- 
dians,  commonly  known  as  the  bay  scallop  or  shallow  water 
scallop. 

"Sea  scallop",  a  marine  mollusk  of  the  species  Pecten 
magellanicus,  commonly  known  as  deep  water  scallop. 

"Seed  clam",  a  soft-shell  clam  of  a  size  less  than  the  mini- 
mum prescribed  in  section  sixty-nine  and  useable  for  plant- 
ing purposes  only. 

"Seed  quahaug",  a  quahaug  of  a  size  less  than  the  mini- 
mum prescribed  in  section  sixty-nine  and  useable  for  plant- 
ing purposes  only. 

"Seed  scallop",  an  immature  scallop  without  the  annual 
growth  line  as  described  in  section  seventy. 

"Short  lobster",  any  lobster  measuring  less  than  pre- 
scribed in  section  forty-four. 

"Territorial  waters",  the  same  as  coastal  waters. 

"Truckman",  any  person  other  than  a  common  carrier, 
using  a  truck  or  other  vehicle  in  distributing  fish. 

"Wholesale  dealer",  any  person  who  distributes  fish  com- 
mercially in  bulk  or  for  resale  by  a  dealer,  or  who  operates 
branch  stores  for  the  retail  sale  of  fish. 

A  person  who  knowingly  counsels,  aids  or  assists  in  a  vio-  Penalty  for 

lation  of  any  provision  of  this  chapter  or  of  any  rule  or  regu-  

lation  made  thereunder  or  knowingly  shares  in  any  of  the 
proceeds  of  said  violation  by  receiving  or  possessing  fish, 
shall  be  deemed  to  have  incurred  the  penalties  imposed 
thereby  upon  the  person  guilty  of  such  violation. 

Whenever  the  taking  of  fish  is  authorized,  reference  is  had 
to  taking  by  lawful  means  and  in  a  lawful  manner. 


accessories. 


724 


Acts,  1941.  — Chap.  598. 


Application 
of  chapter 
limited  to 
coastal  waters. 


Licenses,  etc., 
not  trans- 
ferable. 


Suspension 
of  licenses 
in  certain 
instances. 


Penalty. 


Replacement 
of  lost,  etc., 
license. 

Fee. 


Director  to 
keep  record  of 
licenses,  etc. 

Audit. 


Any  reference  to  the  taking  or  having  in  possession  of  a 
fish  shall  include  the  taking  or  having  in  possession  of  any 
part  or  portion  thereof. 

This  chapter  and  regulations  made  thereunder,  unless 
otherwise  specifically  provided,  shall  apply  only  to  fish  in  or 
taken  from  and  fisheries  in  coastal  waters;  but  this  provi- 
sion shall  not  be  construed  so  as  to  limit  the  authority  of  the 
director  to  protect  anadromous  fish  by  providing  for  their 
passage  from  the  coastal  waters  to  spawning  grounds  in 
streams  and  ponds  in  inland  waters  and  to  regulate  commer- 
cial fisheries  therein  for  the  taking  of  such  anadromous 
fish. 

General  Provisions. 

Section  2.  Licenses,  permits  and  certificates  of  registra- 
tion issued  by  the  director  shall  not  be  transferable  and  shall 
be  produced  for  examination  upon  demand  of  any  author- 
ized person. 

Unless  otherwise  specifically  provided  by  law,  every  li- 
cense, permit  and  certificate  issued  under  any  provision  of 
this  chapter  or  of  any  rule  or  regulation  made  under  author- 
ity hereof  may,  in  addition  to  any  other  penalty  provided, 
be  suspended  for  cause  by  the  director  for  one  month  for  a 
first  offence,  and  for  a  second  or  subsequent  offence  within 
the  period  of  one  year  from  the  date  of  such  first  offence  shall 
be  void.  Each  license,  certificate  or  permit  so  suspended  or 
voided  shall  be  immediately  returned  by  the  holder  thereof 
to  the  director  and  no  fee  received  therefor  shall  be  refunded 
to  the  holder  thereof.    ' 

Whoever  violates  any  provision  of  this  section  or  is  in 
any  way  a  party  to  such  violation  shall  be  punished  by  a 
fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  or  by 
imprisonment  for  not  more  than  one  month,  or  both. 

Section  3.  Whoever  loses  or  by  mistake  or  accident  de- 
stroys his  license,  permit  or  certificate  issued  by  the  director 
under  any  provision  of  this  chapter  may,  upon  application 
to  him,  and  upon  payment  of  a  fee  of  fifty  cents,  receive  a 
duplicate  thereof;  provided,  that  such  apphcation  is  accom- 
panied by  an  affidavit  setting  forth  the  circumstances  of  said 
loss. 

Section  4.  The  director  shall  make  a  record,  in  books 
kept  therefor,  of  all  licenses,  permits  or  certificates  issued 
by  him  under  the  authority  of  this  chapter,  and  shall  date 
each  license,  permit  or  certificate  as  of  the  date  of  issue; 
and  except  as  hereinafter  provided  no  other  date  shall  be 
placed  on  such  hcense,  permit  or  certificate.  Such  books 
shall  be  subject  at  all  times  to  audit  and  inspection  by  the 
state  auditor  or  by  the  comptroller  or  by  their  respective 
agents. 

Nothing  herein  shall  be  construed  to  prohibit  the  sale  of 
license,  permits  and  certificates  during  the  month  of  De- 
cember in  any  year  to  be  valid  for  use  only  on  and  after 


Acts,  1941.  — Chap.  598.  725 

January  first  next  succeeding.     Any  license,  permit  or  cer- 
tificate so  sold  shall  have  the  date  of  sale  endorsed  thereon. 

Miscellaneous  Powers  and  Duties  of  Director,  Coastal 
Wardens,  etc. 

Section  5.    The  director,  coastal  wardens,  deputy  coastal  Enforcement 
wardens,  fish  inspectors  and  members  of  the  state  police  whom!  ^ 
shall  enforce  the  laws  relating  to  fish.    Each  coastal  warden,  identification 
deputy  coastal  warden  and  fish  inspector,  when  on  duty,  ofoffi^rs™^"* 
shall  wear  and  display  a  metallic  badge  bearing  the  seal  of 
the  commonwealth  and  the  words  coastal  warden,  deputy 
coastal  warden  or  fish  inspector,  as  the  case  may  be,  and 
such  badge  shall  also  bear  a  number  to  be  assigned  by  the     • 
director.     The  director,  with  the  approval  of  the  governor, 
may  in  writing  authorize  any  coastal  warden,  deputy  coastal 
warden  or  fish  inspector  to  have  in  his  possession  and  carry 
a  revolver,   club,   billy,   handcuffs,   twisters,   or  any  other 
weapon  or  article  required  in  the  performance  of  his  official 
duty. 

Section  6.    Whoever,  not  being  a  coastal  warden,  deputy  impersonat- 
coastal   warden   or  fish   inspector,   impersonates   a  coastal  wfrde^*^^tc. 
warden,  a  deputy  coastal  warden  or  fish  inspector  by  wear-  Penalty, 
ing  any  badge  described  in  section  five,  or  in  any  other  way, 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  fifty  dollars,  or  imprisonment  for  not  more  than  one 
year  or  both. 

Section  7.    The  director,  coastal  wardens,  deputy  coastal  officers,  etc.. 
wardens  and  fish  inspectors  may,  in  the  performance  of  their  ITpOTretc' 
duties,  enter  upon  and  pass  through  or  over  private  lands  pn^ateiand. 
or  property  whether  or  not  covered  by  water. 

Section  S.    The  director,  coastal  wardens,  deputy  coastal  ^°forcement 
wardens  and  fish  inspectors  shall  have  and  exercise  through-  officers. 
out  the  commonwealth,  for  the   enforcement  of  the  laws 
relating  to  fish  and  marine  fisheries,  all  the  powers  of  con- 
stables, except  the  service  of  civil  process,  of  shellfish  con- 
stables and  of  police  officers. 

Section  9.  The  director,  a  coastal  warden,  a  deputy  coastal  ^f^ouTwar- 
warden,  a  fish  inspector  or  a  member  of  the  state  police  may,  rant,  when, 
without  a  warrant,  search  any  boat,  vessel,  fish  car,  bag, 
box,  locker,  package,  crate,  any  building  other  than  a  dwell- 
ing house,  any  motor  vehicle  as  defined  in  section  one  of 
chapter  ninety,  or  other  vehicle,  or  any  other  personal  prop- 
erty in  which  he  has  reasonable  cause  to  believe,  and  does 
believe,  that  fish  taken,  held,  kept,  possessed,  transported 
or  held  for  transportation  or  sale  in  violation  of  law,  may 
be  found,  and  may  seize  any  such  fish  there  found,  and  may 
seize  any  boat,  vessel,  fish  car,  bag,  box,  locker,  package, 
crate,  any  motor  vehicle  as  defined  in  section  one  of  chapter 
ninety,  or  other  vehicle,  or  any  other  personal  property  used 
in  a  violation  of  the  laws  relative  to  marine  fisheries  and  hold 
the  same  for  forfeiture. 


726 


Acts,  1941.  — Chap.  598. 


Powers  of 
arrest. 


Issuance  of 
search  war- 
rant upon 
complaint. 


Search  and 
seizure  of 
fish  under 
warrant. 


Forfeiture  of 
fish  unlaw- 
fully taken, 
etc. 


Any  such  person  or  officer  may  arrest  without  a  warrant  any 
person  found  violating  any  provision  of  this  chapter  or  of  any 
ordinance,  rule  or  regulation  made  under  authority  thereof,  or 
any  other  provision  of  law  relative  to  marine  fisheries. 

Section  10.  A  court  or  official  authorized  to  issue  war- 
rants in  criminal  cases  shall,  upon  a  sworn  complaint  that 
the  complainant  believes  that  any  fish  unlawfully  taken  or 
possessed  are  concealed  in  any  boat,  vehicle,  fish  car,  box, 
locker,  crate,  package,  building  or  other  particular  place, 
other  than  a  dwelling  house,  within  its  or  his  jurisdiction, 
if  satisfied  that  there  is  reasonable  cause  for  such  belief,  issue 
a  warrant  to  search  therefor.  The  warrant  shall  designate 
and  describe  the  place  to  be  searched  and  the  articles  for 
which  search  is  to  be  made  and,  if  possible,  the  person  by 
whom  the  articles  are  believed  to  be  owned,  kept  or  possessed, 
and  shall  be  directed  to  any  officer  named  in  section  eleven 
commanding  him  to  search  the  place  where  the  fish  for  which 
he  is  required  to  search  are  believed  to  be  concealed,  and  to 
seize  such  fish. 

Section  11.  The  director,  a  coastal  warden,  a  deputy 
coastal  warden,  a  fish  inspector,  or  any  member  of  the  state 
police  to  whom  a  warrant  issued  under  section  ten  is  com- 
mitted shall  search  the  place  described  in  the  warrant  and 
seize  the  fish  therein  described,  and  such  fish,  if  unlawfully 
taken  or  held,  shall  be  forfeited;  provided,  that  this  and 
section  twelve  shall  not  apply  to  fish  passing  through  the 
commonwealth  under  authority  of  the  laws  of  the  United 
States. 

Section  12.  All  fish  unlawfully  taken,  held,  possessed  or 
dealt  with  contrary  to  any  provision  of  this  chapter  or  of 
any  rule  or  regulation  made  under  authority  thereof,  and 
all  boats,  vehicles  and  apparatus  used  therein,  may,  in  addi- 
tion to  any  or  all  of  the  penalties  contained  therein,  be  seized, 
libelled  and  forfeited  to  the  commonwealth. 

Whenever  seizure  and  confiscation  or  forfeiture  is  provided 
by  any  provision  of  this  chapter,  unless  another  procedure 
is  therein  indicated  such  confiscation  or  forfeiture  shall  be 
according  to  the  provisions  of  chapter  two  hundred  and 
fifty-seven.  Fish  so  seized  except  shellfish  apparently  taken 
from  an  area  determined  und-^r  section  seventy-four  or  cor- 
responding provisions  of  earlier  laws  to  be  contaminated, 
and  except  fish  seized  under  the  provisions  of  section  eighty- 
nine,  may  be  so  libelled  or,  at  the  discretion  of  the  director, 
be  disposed  of  by  him  for  the  best  interests  of  the  common- 
wealth, or,  in  the  alternative,  be  sold  at  private  sale  or  public 
auction,  and  the  net  proceeds  of  such  sale  may  be  libelled 
in  the  same  manner  and  with  the  same  effect  as  if  such  pro- 
ceeds were  the  property  itself,  unless  the  person  named  in 
the  warrant  or  some  person  in  his  behalf  shall  before  the 
commencement  of  such  libel  or  sale  request  that  the  fish  be 
preserved  until  final  action  is  had  thereon.  Shellfish  ap- 
parently taken  from  an  area  determined  to  be  contaminated 
as  aforesaid,  and  fish  seized  under  the  provisions  of  section 


Acts,  1941.  — Chap.  598.  727 

eighty-nine,  shall  be  disposed  of  by  the  director  in  such  man- 
ner as  will  prevent  the  use  thereof  as  food. 

Section  13.  The  director,  a  coastal  warden,  a  deputy  Refusal  to 
coastal  warden,  a  fish  inspector,  or  any  member  of  the  state  to^officer.^'^ 
police  may  request  any  person  whom  he  has  cause  to  believe 
is  engaged  in  unlawfully  fishing,  or  to  be  unlawfully  in  pos- 
session of  fish,  or  to  be  in  possession  of  fish  unlawfully  taken, 
to  forthwith  display  for  inspection  all  fish  then  in  his  pos- 
session, and  may  arrest  without  warrant  a  person  refusing 
or  failing  to  comply  with  such  request. 

Whoever,  being  in  a  boat  in  coastal  waters  throws  or  dumps 
overboard  the  contents  of  any  pail,  bag,  barrel  or  other  recep- 
tacle, or  throws  overboard  any  fish,  after  having  been  re- 
quested or  signalled  by  any  officer  authorized  to  enforce  this 
section  to  stand  by  for  inspection  shall  be  deemed  to  have 
violated  this  section. 

Whoever  violates  any  provision  of  this  section  shall  be  Penalty. 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  twenty- 
five  dollars. 

Section  14-    Actions   and   prosecutions   under   the   laws  Limitation 
relative  to  fish  or  marine  fisheries  shall,  unless  otherwise  °^  actions, 
expressly  provided,  be  commenced  within  one  year  after  the 
time  when  the  cause  of  action  accrued  or  the  offence  was 
committed. 

Section  15.     All  fines,  penalties  and  forfeitures  recovered  Division 

,.  ij.li  ix-  j.i:i.  -of  fines,  etc., 

m  prosecutions  under  the  laws  relative  to  nsh  or  marine  how  made. 
fisheries  shall  be  equally  divided  between  the  county  where 
such  prosecution  is  made  and  the  city  or  town  where  the 
offence  is  committed;  provided,  that  if  the  prosecuting  officer 
is  a  coastal  warden,  fish  inspector  or  member  of  the  state 
police  receiving  compensation  from  the  commonwealth,  or 
a  deputy  coastal  warden  such  fines,  penalties  and  forfeitures 
shall  be  paid  to  the  commonwealth. 

Section  16.     Any  occupation  under  this  chapter  of  tide  occupation  of 
waters,  or  any  work  done  therein,  shall  be  subject  to  the  ^^^^  waters, 
pertinent  provisions  of  chapter  ninety-one. 

Section  1 7.     The  director  may  Powers  of 

(1)  Destroy  from  time  to  time  license  books  and  stubs, 
licenses,  permits,  certificates  of  registration  and  blanks 
relative  thereto,  after  the  same  have  been  properly  audited 
by  the  state  auditor,  and  such  other  documents  as  the  di- 
rector deems  advisable  after  the  same  have  been  noted  on 
the  official  records; 

(2)  Take,  or  in  writing  authorize  his  agents  to  take  fish 
at  any  time  or  in  any  manner  for  purposes  connected  with 
propagation  or  scientific  observation ; 

(3)  Investigate  questions  relating  to  fish  and  personally 
or  by  assistants,  institute  and  conduct  inquiries  pertaining 
to  such  questions,  and  conduct  such  biological  research  as 
will,  in  his  opinion,  tend  to  conserve,  improve  and  increase 
the  supply  of  fish  in  the  coastal  waters; 

(4)  Aid  in  the  promotion  and  development  of  the  com- 
mercial fishing  industry;    investigate  improved  methods  of 


728 


Acts,  1941.— Chap.  598. 


Unlawful 
entry  upon 
premises,  etc., 
used  for 
scientific 
experiments. 

Penalty. 


Removal  of 
illegal  ob- 
structions, etc. 
to  spawning 
grounds. 

Maintenance 
and  con- 
struction of 
fish  ways. 

Land  takings 
and  damages 
therefor. 

Penalty. 


marketing  and  distributing  commercial  fish  products  within 
the  commonwealth;  and  establish  standards  and  design 
labels  for  the  identification  of  commercial  fish  products 
processed,  prepared  or  packed  for  distribution  and  for  retail 
sales; 

(5)  Arrange  for  lectures  and  may  issue  for  general  dis- 
tribution such  publications  as  he  considers  best  adapted 
to  promote  the  interests  of  commercial  fisheries; 

(6)  Establish  and  maintain  properties  at  such  places 
within  the  commonwealth  as  he  may  select  for  the  purpose 
of  propagating,  rearing  and  protecting  fish; 

(7)  Occupy,  use  and  control  not  exceeding  ten  ponds  and 
estuaries,  creeks  or  other  arms  of  the  sea,  within  the  coastal 
waters,  and  the  necessary  land  thereto  adjoining,  for  the 
propagation  and  distribution  of  fish  frequenting  the  coastal 
waters  and  for  the  scientific  investigation  of  their  habits,  if 
such  occupation  and  use  do  not  impair  the  private  rights  of 
any  person  or  materially  obstruct  any  navigable  waters. 
Notice  of  such  occupation  and  use  and  the  purpose  thereof 
shall  be  conspicuously  posted  by  the  dii-ector  at  the  nearest 
points  to  said  ponds  and  estuaries,  creeks  or  other  arms  of 
the  sea,  and  shall  be  recorded  in  the  registry  of  deeds  in  the 
county  or  district  where  they  are  situated. 

Section  18.  Whoever  without  right  enters  in  or  upon  any 
building  or  other  structure  or  any  area  of  land,  flats  or 
water,  set  apart  and  used  by  or  under  authority  of  the  di- 
rector for  conducting  scientific  experiments  or  investiga- 
tions or  for  propagation  or  protection  of  fish,  or  whoever 
contrary  to  regulations  fishes  in  waters  so  set  apart  and 
used  after  the  director  has  caused  printed  notices  of  such 
occupation  and  use  and  the  purposes  thereof  to  be  placed 
in  a  conspicuous  position  upon  any  such  building  or  other 
structure  or  adjacent  to  any  such  area  of  land,  flats  or  water, 
and  whoever  injures  or  defaces  any  such  building  or  other 
structure  or  any  notice  posted  as  aforesaid,  or  injures  or 
destro3'-s  any  property  used  in  such  experiments  or  investi- 
gations or  for  such  purposes,  or  otherwise  interferes  there- 
with, shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars  or  by  imprisomiient  for  not 
more  than  six  months. 

Section  19.  For  the  purpose  of  providing  suitable  pas- 
sage for  salt  water  fish  coming  into  fresh  water  to  spawn, 
the  director  or  some  person  thereunto  authorized  by  him  in 
writing,  may  (1)  seize  and  remove,  summarily  if  need  be, 
at  the  expense  of  the  owner  using  and  maintaining  the  same, 
all  illegal  obstructions,  except  dams,  mills  or  machinery,  to 
the  passage  of  such  fish,  (2)  examine  all  dams  and  other 
obstructions  to  such  passage  in  brooks,  rivers  and  streams, 
the  waters  of  which  flow  into  coastal  water,  where  in  his 
judgment  fishways  are  needed,  and  (3)  shall  determine 
whether  existing  fishways,  if  any,  are  suitable  and  sufficient 
for  the  passage  of  such  fish  in  such  brooks,  rivers  and  streams 
or  whether  a  new  fishway  is  needed  for  the  passage  of  fish 


Acts,  1941.  — Chap.  598.  729 

over  such  dam  or  obstruction;  and  he  shall  prescribe  by 
written  order  what  changes  or  repairs,  if  any,  shall  be  made 
therein,  and  where,  how  and  when  a  new  fishway  shall  be 
built,  and  at  what  times  the  same  shall  be  kept  open  and 
shall  serve  a  cop}''  of  such  order  upon  the  person  maintain- 
ing the  dam  or  other  obstruction.  A  certificate  of  the  di- 
rector that  service  has  been  so  made  shall  be  sufficient 
proof  thereof.  The  supreme  judicial  or  superior  court  shall, 
on  petition  of  the  director,  have  jurisdiction  in  equity  or  other- 
wise to  enforce  any  such  order  and  to  restrain  any  violation 
thereof. 

Before  the  director  makes  any  such  order  for  the  con- 
struction of  a  new  fishway,  as  provided  J:n  this  section,  upon 
any  stream  or  portion  of  a  stream  not  in  coastal  waters,  he 
shall  in  writing  notify  the  director  of  the  division  of  fisheries 
and  game  of  such  proposed  order,  together  with  plans  for 
such  proposed  construction,  and  said  last  mentioned  di- 
rector shall  within  ten  days  after  receiving  such  notice,  if 
he  desires  to  object  to  such  construction,  in  writing  request 
a  hearing  before  the  commissioner,  whose  decision  on  the 
matter  shall  be  final. 

If  the  owner  of  such  dam  or  obstruction  refuses  or  neglects 
to  repair  or  construct  a  fishway  after  written  order  therefor 
has  been  received  from  the  director,  the  director  may  after 
such  time  as  he  may  deem  sufficient  enter  with  workmen  and 
material  upon  the  premises  of  such  person  required  to  con- 
struct or  maintain  such  fishway  and  may  at  the  expense  of 
the  commonwealth,  if  in  his  opinion  such  person  is  unable 
to  afford  such  expense,  otherwise  at  the  expense  of  such 
person,  improve  an  existing  fishway  or  cause  one  to  be  con- 
structed if  none  exists  and  may,  if  necessary,  for  such  pur- 
pose, take,  by  due  process  of  law,  the  land  of  any  other  per- 
son who  is  not  obliged  by  law  to  maintain  such  fishway.  If 
a  fishway  has  been  constructed  in  accordance  with  an  order 
of  the  director  as  provided  in  this  section  no  alteration  thereof 
shall  be  required  within  a  period  of  five  years  after  such 
construction. 

All  damages  caused  by  taking  land  hereunder  shall,  upon 
the  application  of  any  party  in  interest,  be  recovered  from 
the  commonwealth  under  chapter  seventy-nine.  The  amount 
so  recovered  shall  be  a  charge  against  the  person  required  by 
law  to  construct  and  maintain  such  fishway  and  shall  be  re- 
covered in  contract  in  the  name  of  the  commonwealth,  with 
costs  and  with  interest  at  the  rate  of  six  per  cent  per  annum. 

Any  person  maintaining  any  such  dam  or  obstruction  who 
refuses  or  neglects  to  keep  open  or  maintain  a  fishway  at  the 
times  prescribed  by  the  director  shall  be  fined  fifty  dollars 
for  each  daj'  or  part  thereof  of  such  refusal  or  neglect. 

The  director  shall  determine  all  matters  relating  to  the 
operation  and  maintenance  of  all  fishways  constructed  for 
the  passage  of  anadromous  fish,  including  the  time  and 
method  of  opening  and  closing  thereof,  in  such  manner  as 
will,  in  his  opinion,  give  adequate  protection  to  such  fish 


730 


Acts,  1941.  — Chap.  598. 


Director  to 
assist,  etc., 
in  increasing 
supply  of 
sheUSish  and 
exterminating 
the  enemies 
thereof. 


Director  to 
keep  statistics, 
etc.,  on  marine 
fisheries. 


passing  to  or  from  the  coastal  waters,  and  shall  prescribe  the 
same  by  written  order.  For  the  protection  of  any  such  fish- 
way  and  the  fish  using  the  same,  he  may  set  aside  a  certain 
area  adjacent  to  the  fish  way  and  may  prohibit  all  persons 
from  fishing  or  entering,  or  both,  within  such  boundaries  by 
posting  notices  thereon  to  that  effect,  giving  a  description 
of  the  bounds  thereof:  provided,  that  the  area  so  set  aside 
shall  not  extend  for  a  distance  of  more  than  one  hundred 
yards  from  any  such  fishway;  and  provided,  further,  that 
the  prohibition  of  entrance  into  such  area  shall  not  deny  to 
the  owner  or  other  lawful  occupant  of  the  property  on  which 
the  fishway  is  built  or  maintained  the  right  of  reasonable 
access  to  or  passage  through  such  area  for  the  necessary  care 
of  such  property;  and  provided,  further,  that  such  closing 
and  prohibition  shall  not  interfere  with  the  lawful  operation 
of  any  special  fishery  established  therein.  Whoever  violates 
any  provision  of  this  section,  or  of  any  order  of  the  director 
under  authority'  thereof,  or  hinders  the  passage  of  fish  through 
such  fishways,  or  molests  or  disturbs  the  fish  therein,  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars  or  by  im- 
prisonment for  not  more  than  thirty  days,  or  both. 

Section  20.  The  director  shall  assist  and  co-operate  with 
coastal  cities  and  towns  for  the  purpose  of  increasing  the 
supply  of  shellfish  and  exterminating  the  enemies  thereof 
within  their  borders,  and  for  this  purpose  maj^  expend  such 
sums  as  may  be  appropriated  therefor.  The  expenditure  of 
any  funds  so  appropriated  shall  be  apportioned  by  the  di- 
rector among  said  coastal  cities  and  towns  in  such  amounts 
as  will,  in  his  opinion,  effect  the  greatest  amount  of  relief 
and  assistance  to  the  shellfish  industry;  provided,  that  no 
money  shall  be  expended  hereunder  in  any  such  city  or  town 
for  the  purpose  of  such  relief  or  assistance  unless  such  city  or 
town,  within  one  j^ear  prior  to  the  date  of  such  expenditure, 
shall  have  expended  an  amount  equal  to  at  least  one  fourth 
of  the  total  cost  of  such  work,  or  shall  have  contributed  serv- 
ices or  material  of  a  value,  as  determined  by  the  director, 
equal  to  such  proportion.  The  work  of  increasing  the  supply 
of  shellfish  and  exterminating  the  enemies  thereof  in  coastal 
cities  and  towns  aided  hereunder  shall  be  done  and  expendi- 
tures therefor  shall  be  made  in  such  manner  as  the  director 
may  determine  and  in  accordance  with  rules  and  regulations 
which  the  director  shall  make  with  respect  thereto,  which 
rules  and  regulations  he  is  herebj^  authorized  to  make  and 
enforce. 

Section  21.  The  director  shall  devise  a  system  of  statis- 
tical information  useful  to  the  marine  fish  industries  of  the 
commonwealth  and  shall  compile  information  obtained 
thereunder.  He  may  require  for  such  purpose  the  attend- 
ance of  witnesses  and  the  production  of  books  and  documents, 
and  may  examine  witnesses  on  oath ;  and  such  witnesses  shall 
be  paid  the  same  fees  as  in  civil  actions  in  the  courts.  He 
shall  prepare  from  time  to  time  and  distribute  bulletins  and 
reports  embodying  statistical  and  other  information  relative 


Acts,  1941.  — Chap.  598.  731 

to  marine  fisheries.  He  shall  also  assist  and  co-operate  with 
local  authorities  in  the  promulgation  of  rules  and  regulations 
for  the  protection  and  conservation  of  fish. 

Pollution  of  Coastal  Waters. 

Section  22.     If  the  director  determines  that  any  marine  Prohibition 
fisheries  of  the  commonwealth  are  of  suflacient  value  to  war-  °f  pofiutfoT 
rant  the  prohibition  or  regulation  of  the  discharge  or  escape 
of  sawdust,  shavings,  garbage,  ashes,  acids,  oil,  sewage,  dye- 
stuffs,  or  other  waste  material  from  any  sawmill,  manufac- 
turing or  mechanical  plant,  or  dwelling  house,  stable  or  other 
building,  which  may,  directly  or  indirectly,  materially  injure 
such  fisheries,  he  shall  by  a  written  order  sent  by  mail  to  or 
served  upon  the  owner  or  tenant  thereof  prohibit  or  regulate 
the  discharge  or  escape  therefrom  of  any  or  all  such  injurious 
substances  into  the  coastal  waters.     Such  order  shall  take 
effect  in  ten  days  after  its  date  and  may  be  revoked  or  modi- 
fied by  the  director  at  any  time.    Before  any  such  order  is  Public  hear- 
made  the  director  shall,  after  reasonable  notice  to  all  parties  "'^' " '"' 
in  interest,  give  a  public  hearing  in  the  county  where  the 
sawmill,  manufacturing  or  mechanical  plant,  dwelling  house, 
stable  or  other  building  to  be  affected  by  the  order  is  located, 
at  which  hearing  any  person  shall  be  heard.    Upon  petition  Review  in 
of  any  party  aggrieved  by  such  order,  filed  within  six  months  ^"P'^"""  ''°'^'^- 
after  its  date,  the  superior  court  may,  in  equity,  after  such 
notice  as  it  deems  sufficient,  hear  all  interested  parties,  and 
annul,  alter  or  affirm  the  order.    If  such  petition  is  filed  by 
the  party  aggrieved  within  ten  days  after  the  date  of  said 
order,  said  order  shall  not  take  effect,  unless  such  petition 
shall  be  dismissed,  until  altered  or  aflnirmed  as  aforesaid. 
Whoever,  in  violation  of  any  order  of  the  director,  of  which  Penalty. 
such  person  has  had  due  notice  hereunder  and  which  has 
taken  effect,  or  in  violation  of  any  order  of  said  court  made 
hereunder,  discharges  from  such  plant  or  building  under  his 
control  an}^  of  the  aforesaid  materials,  the  discharge  of  which 
therefrom  is  forbidden  by  such  order,  or  suffers  or  permits 
the  same  to  be  discharged  or  to  escape  from  such  plant  or 
building,  into  any  coastal  waters,  shall  be  punished  by  a  fine 
of  not  less  than  fifty  nor  more  than  five  hundred  dollars  or 
by  imprisonment  for  not  more  than  one  year  or  both. 

Section  28.  Except  in  case  of  emergency  imperilling  life  Penalty. 
or  property  or  of  unavoidable  accident,  whoever  from  any 
sources  other  than  those  designated  in  section  twenty-two 
puts,  throws,  discharges  or  suffers  or  permits  to  be  discharged 
or  to  escape  into  any  coastal  waters,  any  oil,  or  any  poisonous 
or  other  substance,  whether  simple,  mixed  or  compound, 
which  may  directly  or  indirectly  materially  injure  the  fish, 
fish  spawn  or  seed  therein,  or  takes  any  such  fish  by  such 
means,  or  whoever  kills  or  destroys  fish  in  such  waters  by 
the  use  of  dynamite  or  other  explosives,  or  takes  any  such 
fish  in  such  waters  by  such  means,  or  explodes  dynamite  or 
other  explosive  in  such  waters,  shall  be  punished  by  a  fine 


732 


Acts,  1941.— Chap.  598. 


Double 
damages  for 
caiising 
damage  to 
fisheries. 


Discharge 
of  sewage 
regulated. 


Jurisdiction 
of  courts. 


Penalty. 


of  not  less  than  fifty  nor  more  than  five  hundred  dollars  or 
by  imprisonment  for  not  more  than  one  year  or  both.  This 
section  sliall  not  apply  to  operations  of  the  United  States 
or  the  commonwealth,  or  of  a  political  subdivision  thereof, 
nor  to  operations  authorized  or  permitted  thereby,  nor  to 
the  use  of  explosives  for  raising  the  body  of  a  drowned 
person. 

Section  2^.  Whoever,  contrary  to  any  provision  of  sec- 
tion twenty-two  or  twenty-three,  himself,  or  by  his  agent 
or  servant,  does,  or  allows  or  suffers  to  be  done,  any  act 
causing  damage  to  the  fisheries  therein  named  shall  be  liable 
in  tort,  in  twice  the  amount  of  damage  thereby  done,  to  the 
city  or  town  wherein  such  damage  occurs  on  account  of  any 
injury  to  the  public  fisheries  within  its  limits,  and  to  any 
person  having  fishery  rights  therein  on  account  of  any  in- 
jury to  his  private  fishery  rights. 

Section  25.  The  entrance  or  discharge  into  the  coastal 
waters,  or  the  tributaries  of  such  waters,  of  sewage  or  any 
other  substance  which  might  be  injurious  to  the  public 
health  or  might  tend  to  contaminate  any  shellfish  areas  or 
shellfish  therein  which  may  be  determined  by  the  director 
to  be.  of  commercial  value,  or  injuriously  affect  the  fisheries 
therein,  is  hereby  prohibited;  provided,  that  this  section 
shall  not  be  deemed  to  interfere  with  the  exercise  of  any 
right  of  drainage  which  had  been  approved  by  the  depart- 
ment of  public  health  prior  to  January  first,  nineteen  hun- 
dred and  forty-two,  or  with  any  drainage  thereafter  approved 
by  said  department;  provided,  that  before  granting  such 
new  approval  the  commissioner  of  public  health  shall  have 
consulted  with  the  director  as  to  the  value  of  the  marine 
fisheries  involved. 

Section  26.  The  supreme  judicial  court  or  any  justice 
thereof,  and  the  superior  court  or  any  justice  thereof,  shall 
have  jurisdiction  in  equity  to  enforce  sections  twenty-two, 
twenty-three,  twenty-four  and  twenty-five.  Proceedings  to 
enforce  the  same  may  be  instituted  and  prosecuted  by  the 
attorney  general  at  the  request  of  the  commissioner. 

Section  27.  Whoever,  contrary  to  section  twenty-five 
permits  the  entrance  or  discharge  into  or  on  any  part  of  said 
coastal  waters,  or  the  tributaries  of  such  waters,  of  sewage  or 
any  other  substance  injurious  to  the  public  health  or  tending 
to  contaminate  any  shellfish  area  or  shellfish  therein,  or  in- 
juriously to  affect  the  fisheries  therein,  shall  be  punished  by  a 
fine  of  not  less  than  fifty  nor  more  than  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  one  year  or  both  and 
shall  be  liable  in  tort,  in  twice  the  amount  of  damage  thereby 
done,  to  the  city  or  town  wherein  such  damage  occurs,  on 
account  of  any  injury  to  the  public  fisheries  within  its  limits, 
and  to  the  owners  or  lessees  of  any  private  rights  therein, 
on  account  of  any  injury  to  their  private  fishery  rights. 


Acts,  1941.  — Chap.  598.  733 

Riparian  Proprietors. 

Section  28.     The  proprietors  of  lands  upon  which  a  pond  Rights  of 
is  created  and  maintained  by  excavating  and  enclosing  the  owners  pro- 
same  and  by  the  artificial  flowing  of  same  with  coastal  waters,  t'^'^*^^ 
for  the  purpose  of  cultivating  and  maintaining  fish  thereon, 
shall  have  the  exclusive  right  to  cultivate  and  the  exclusive 
ownership  and  control  of,  all  fish  thereon  or  therein,  whether 
artificially  or  naturally  propagated;    provided,  that  no  fish 
determined  by  the  director  to  be  injurious  may  be  cultivated 
or  maintained  thereon  or  therein,  and  that  no  fish  may  be 
taken  therefrom  of  a  size,  of  an  age,  at  a  season,  or  for  a 
purpose,   prohibited  by  law;    and  provided,  further,   that 
before  any  such  excavation  shall  be  made  plans  for  an  arti- 
ficial flowage  of  the  same  with  coastal  waters  shall  be  ap- 
proved by  the  director  and  the  department  of  public  works. 


Regulation  of  Fish  Weirs,  Nets,  Seines,  Trawls  and  Traps. 

Section  29.     The  aldermen  or  city  council  of  a  city  or  the  Construction 
selectmen  of  a  town  lying  upon  coastal  waters  may,  in  writing,  authomed.*'" 
and  upon  blanks,  supplied  by  the  director,  authorize  any  Procedure. 
person  to  construct  weirs,  pound  nets  or  fish  traps  in  tide-  etc. 
water  in  locations  where  no  harbor  lines  exist  and  also  in 
locations  beyond  established  harbor  lines,  within  the  limits  of 
such  city  or  town,  for  a  term  not  exceeding  five  years,  upon 
such  conditions  and  subject  to  such  regulations  as  the  alder- 
men, Q\iy  council  or  the  selectmen  may  impose;    but  no 
authority  so  given  shall  be  valid  unless  approved  in  writing 
as  to  location  and  construction  by  the  department  of  public 
works  and  the  director,  and  subject  to  such  conditions  as  it 
and  he  may  impose;   nor  until  such  authorization,  together 
with  such  approval,'  has  been  filed  with  the  director. 

Whoever  constructs  or  maintains  a  weir,  pound  net  or  a  Penalty. 
fish  trap  in  tidewater,  without  the  authority  mentioned  in 
this  section,  shall  be  punished  by  a  fine  of  ten  dollars  for 
each  day  or  part  thereof  he  maintains  such  weir,  pound  net  or 
fish  trap;  and  he  may  be  enjoined  therefrom. 

Section  SO.     Any  person  who  constructs  or  maintains  any  weirs,  etc.,  to 
weir,  pound  net  or  fish  trap  after  having  received  written  ^^  marked. 
approval  therefor  as  provided  in  section  twenty- nine  shall 
at  all  times  while  such  structure  is  maintained  have  the  same 
plainly  marked  with  the  number  of  such  approval  painted 
or  printed  on  a  sign  or  flag  in  figures  at  least  six  inches  in 
height  and  conspicuously  displayed  on  the  inshore  and  off- 
shore ends  of  such  structure.    Violation  of  the  provisions  of  Penalty. 
this  section  shall  be  punished  by  a  fine  of  not  more  than 
twenty-five  dollars. 

Section  SI.     Whoever  wilfully  destroys,  injures  or  molests  wiifuide- 
any  weir,  pound  net,  fish  trap,  seine,  set  net  or  lobster  or  weil-s^Tc."^ 
crab  pot  or  other  fishing  gear  set  for  the  taking  of  fish,  or  any  Penalty. 
fish  car  or  other  contrivance  used  for  the  purpose  of  storing 


734 


Acts,  1941.  — Chap.  598. 


Recovery  of 
lost  fishing 
gear. 


Annual  reports 
of  catches  to 
be  made. 

Penalty  for 
failure. 


fish,  including  any  such  fishing  gear  which  is  swept  ashore 
by  storm  or  tide  or  other  natural  causes  and  deposited  upon 
the  shore,  beaches  or  flats,  whether  public  or  private,  or  takes 
fish  therefrom  without  the  consent  of  the  owner,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than 
three  hundred  dollars  or  by  imprisonment  for  two  months,  or 
both. 

Section  32.  The  owner  of  any  fishing  gear  mentioned  in 
section  thirty-one  which  is  swept  ashore  by  storm  or  tide  or 
other  natural  causes  and  deposited  upon  the  shore,  beaches 
or  flats,  whether  pubhc  or  private,  may  recover  the  same 
within  three  days  from  the  time  of  such  deposit  without 
liabihty  for  trespass;  provided,  that  such  owner  in  so  doing 
does  not  commit  any  unreasonable  or  wanton  injury  to  the 
property  whereupon  such  fishing  gear  is  deposited.  In  the 
event  such  fishing  gear  shall  not  be  so  recovered  within  such 
period  it  shall  enure  to  the  riparian  owner  of  such  shore, 
beach  or  flat  in  the  manner  provided  in  chapter  one  hundred 
and  thirty-four. 

Annual  Reports  of  Catches. 

Section  S3.  The  owner  of  every  boat,  and  the  owner  of 
every  pound  net,  fish  trap,  weir,  fyke  net  or  similar  con- 
trivance, fishing  pier,  seine,  drag  or  gill  net,  lobster  or  crab 
pot  or  trap  or  other  fishing  gear,  hereinafter  referred  to  as 
devices,  used  in  the  coastal  waters  for  fishing  purposes,  and 
every  Ucensee  under  section  thirty-eight  shall  annually,  be- 
tween October  first  and  twentieth,  make  a  written  report, 
on  oath,  to  the  director,  of  the  number  of  pounds  and  the 
value  of  each  kind  of  edible  fish  caught  by  him  with  such 
boat  or  such  devices  and  the  number  of  lobsters  and  edible 
crabs  taken  by  him  in  pots  or  traps  for  the  twelve  months 
ending  on  the  preceding  September  thirtieth,  and  the  num- 
ber and  value  of  the  devices,  if  any,  used  in  such  catching  or 
taking,  and  the  number  of  persons,  if  any,  employed  therein ; 
and  for  such  purpose  the  director  shall  annually,  on  or 
before  March  fifteenth,  provide  him,  upon  his  application, 
with  suitable  blank  forms  for  such  reports,  so  arranged  that 
each  month's  catch  may  be  separately  recorded  thereon; 
and,  in  filling  out  such  reports,  such  owner  shall  give,  so 
far  as  practicable,  the  above  required  results  of  each  month's 
fishing.  In  lieu  of  said  annual  report  the  director  may  re- 
quire such  owner  to  submit  a  monthly  report  of  such  facts 
hsted  herein  as  the  director  may  deem  advisable.  Such 
owner  shall  apply  to  the  director  for  such  blank  forms.  The 
owner  of  any  fish  cars  or  other  contrivances  used  for  keep- 
ing fish,  lobsters  or  edible  crabs  shall  have  his  name  and 
residence  legibly  marked  thereon.  The  license,  permit  or 
certificate  of  any  person  to  take  such  fish,  lobsters  or  edible 
crabs  who  refuses,  or  knowingly  or  wilfully  neglects  to  make 
the  report  required  hereby  or  knowingly  or  wilfully  makes 
a  false  report  shall  be  suspended  and  he  shall  not  receive  a 
new  license,  certificate  or  permit  until  such  report  is  made. 


Acts,  1941.  — Chap.  598.  735 

Whoever  knowingly  and  wilfully  violates  any  provision  of 
this  section  shall  be  punished  by  a  fine  of  not  less  than  ten 
nor  more  than  one  hundred  dollars. 

Smelt. 

Section  34.  Whoever,  between  March  fifteenth  and  the  close  season 
following  June  fifteenth,  catches  or  takes  any  smelt  from  the  °"  ^"'*''*- 
waters  of  the  commonwealth,  or  whoever  buys,  receives,  sells  P<^"'*'*y- 
or  offers  or  exposes  for  sale,  transports  or  has  in  his  possession 
a  smelt  so  taken,  shall  for  a  first  offence  be  punished  by  a  fine 
of  one  dollar  for  every  such  smelt  or  by  imprisonment  for 
not  more  than  six  months  and  for  a  subsequent  offence  by 
both  said  fine  and  imprisonment.  Any  wholesale  or  retail 
dealer  who  sells,  offers  or  exposes  for  sale  or  has  in  his  pos- 
session any  smelt  between  the  said  dates  must  have  in  his 
possession  a  tag  or  bill  of  lading  or  other  paper  showing 
that  such  smelt  was  taken  from  waters  outside  the  common- 
wealth, and  the  possession  of  a  smelt  between  said  dates  by 
a  person  other  than  a  wholesale  or  retail  dealer  holding 
such  a  certificate  shall  be  prima  facie  evidence  of  violation 
of  this  section. 

Section  35.    Whoever  takes  or  attempts  to  take  a  smelt  in  smeit  to  be 
any  other  manner  than  by  angling  shall  be  punished  by  a  by''ang°h!g. 
fine  of  not  less  than  ten  nor  more  than  fifty  dollars  and  shall  pgnaity. 
in  addition  thereto  forfeit  one  dollar  for  each  smelt  if  any  so 
taken,  but  this  section  shall  not  apply  to  smelt  inadver- 
tently taken  in  a  seine  or  net  during  the  time  and  in  the 
manner  in  which  fishing  is  allowed  for  perch,  herring  or 
alewives;    provided,    that   such    smelt   so   taken    shall  be 
immediately   liberated    alive    in    the    waters    from    which 
taken. 

Possession  of  any  net,  seine,  trap  or  device  for  catching 
fish,  other  than  a  naturally  or  artificially  baited  hook,  in  or 
upon  the  harbors,  rivers  or  tributaries  of  the  commonwealth, 
or  on  the  banks  of  the  same,  if  adapted  to  and  apparently 
intended  for  the  present  catching  of  smelt,  shall  be  prima 
facie  evidence  of  a  violation  of  this  section  and  the  posses- 
sion in  or  upon  said  harbors,  rivers  or  tributaries,  or  on  the 
banks  of  the  same,  of  any  fresh  smelt,  between  sunset  and 
sunrise,  or  under  other  circumstances  reasonably  indicating 
the  catching  of  the  same  otherwise  than  by  angling,  shall  be 
prima  facie  evidence  that  said  smelt  were  caught  or  in- 
tended to  be  caught  contrary  to  such  provisions  by  the 
person  in  whose  possession  they  are  found. 

Section  36.     For  the  purpose  of  protecting  smelt  and  f^'^^f]j,°?nj 
their  spawn  the  director  may  close  such  portions  of  streams  spawning 
flowing  into  the  coastal  waters  during  the  spawning  season  ^''''®°"- 
of  such  fish  as  he  may  deem  necessary  and  may  forbid  the  P''"'*'*^- 
entrance  into  such  portions  of  said  streams  by  posting  on  or 
near  such  closed  areas  notices  of  such  closing,  giving  the 
bounds  thereof;    provided  however,  that  such  closing  and 
such  prohibition  of  entrance  shall  not  be  for  a  period  longer 


736 


Acts,  1941  —Chap.  598. 


than  sixty  days  in  any  one  year.  Whoever  violates  the  pro- 
visions of  this  section  or  molests  or  disturbs  smelt  or  their 
spawn  within  such  closed  areas  shall  be  punished  by  a  fine 
of  not  less  than  ten  nor  more  than  fifty  dollars  or  imprison- 
ment for  not  more  than  thirty  days,  or  both. 


Licenses 
necessary  for 
catching  lob- 
sters or  crabs. 

Penalty. 

Application 
of  section 
limited. 


Issuance  of 
licenses,  re- 
quirements for. 

Fee. 


Lobsters,  etc. 

Section  37.  No  person,  either  as  principal,  agent  or  em- 
ployee, shall  at  any  time  catch  lobsters  or  edible  crabs  in, 
or  take  them  from,  the  coastal  waters  or  place,  set,  keep, 
maintain,  supervise,  lift,  raise  or  draw  in  or  from  the  said 
waters,  or  cause  to  be  placed,  set,  kept,  maintained,  super- 
vised, lifted,  raised  or  drawn  in  or  from  the  said  waters,  any 
pot,  trap  or  other  contrivance  designed  for,  or  adapted  to, 
the  taking  of  lobsters  or  edible  crabs,  unless  licensed  so  to 
do  under  section  thirty-eight. 

In  Dukes  county  no  such  pot,  trap  or  other  contrivance 
shall  be  buoyed  otherwise  than  separately  and  plainly. 

Violation  of  any  provision  of  this  section  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  twenty- 
five  dollars  or  imprisonment  for  one  month,  or  both.  JSFoth- 
ing  in  this  section  or  section  thirty-eight  shall  be  construed 
to  prohibit  or  regulate  the  taking  of  crabs  other  than  edible 
crabs  solely  for  bait  purposes,  or  for  the  taking  of  edible 
crabs  for  use  of  one's  immediate  family;  provided,  that  the 
number  of  such  edible  crabs  so  taken  by  any  one  person 
shall  not  exceed  fifty  in  one  day  and  such  edible  crabs  shall 
not  be  taken  by  pots  or  traps. 

Section  38.  The  director,  upon  application  of  any  person 
eligible  for  a  license  hereinafter  referred  to,  and  upon  the 
payment  of  a  fee  of  five  dollars,  shall  grant  a  license  to 
catch  or  take  both  lobsters  and  edible  crabs  from  the  coastal 
waters  of  the  county  for  which  application  has  been  made; 
provided,  that  any  such  license  granted  to  any  person  to 
fish  in  either  Norfolk  or  Plymouth  counties,  shall  also  au- 
thorize such  catching  or  taking  from  the  waters  of  either  of 
said  counties.  Except  as  hereinafter  provided,  such  licenses 
to  catch  or  take  both  lobsters  and  edible  crabs  shall  be 
granted  only  to  individuals  who  are  citizens  of  the  common- 
wealth and  who  have  resided  therein  for  at  least  one  year 
next  preceding  the  date  of  such  license,  but  no  such  license 
shall  be  issued  to  a  minor  under  seventeen  years  of  age 
except  with  the  written  consent  of  his  parent,  guardian  or 
custodian  and  at  the  discretion  of  the  director.  The  director 
may  grant  such  a  license  to  catch  or  take  both  lobsters  and 
edible  crabs  to  any  individual  who  is  an  alien  and  who 
resides  in  the  county  for  which  the  application  is  made;  pro- 
vided, that  such  alien  resided  in  said  county,  and  was  actu- 
ally engaged  in  lobster  fishing  in  the  coastal  waters  thereof, 
for  five  years  next  preceding  December  first,  nineteen  hun- 
dred and  twenty.  A  non-resident  citizen  of  the  United  States, 
temporarily  residing  or  intending  temporarily  to  reside  in 


Acts,  1941.— Chap.  598.  737 

any  coastal  city  or  town  may  in  any  year,  upon  payment  of 
the  fee  required  by  this  section,  obtain  a  Hcense  to  take 
lobsters  or  edible  crabs  during  June,  July,  August  and  Sep- 
tember of  such  year,  for  consumption  only  by  the  licensee 
and  his  family  who  are  so  residing.  Licenses  hereunder, 
except  those  granted  to  non-resident  citizens  of  the  United 
States,  shall  expire  on  December  thirty-first  next  succeeding 
the  granting  of  the  same  unless  sooner  made  void  as  pro- 
vided in  this  chapter.  Each  applicant  for  a  license  under 
this  section  shall  state  the  color  scheme  or  other  special 
markings  of  the  buoys  desired  to  be  used  by  him,  which,  if 
approved  by  the  director,  shall  be  set  forth  in  his  license, 
and  all  buoys  used  by  him  shall  be  marked  accordingly,  and 
all  buoys,  pots,  traps,  and  lobster  cars  used  by  him  shall  be 
marked  with  the  licensee's  initials  or  name  or  the  number 
assigned  to  him  by  the  director,  which  shall  be  branded  or 
cut  into  the  surface  thereof.  A  licensee  under  this  section 
shall  at  all  times,  while  acting  in  pursuance  of  his  license, 
exhibit  it  upon  the  demand  of  any  officer  qualified  to  serve 
criminal  process,  and  upon  failure  so  to  do  shall  be  pun- 
ished by  a  fine  of  five  dollars.  The  director  shall  state  in  his 
annual  report  the  number  of  licenses  granted  under  this 
section. 

Section  39.     No  person  shall  tend,  lift,  raise  or  draw  a  Time  for 
lobster  or  crab  pot  or  trap,  or  take  lobsters  or  edible  crabs  gfers^Lnd'cmbs 
from  such  a  pot  or  trap,  except  during  the  period  from  one  limited. 
half  hour  before  sunrise  until  one  half  hour  after  sunset, 
except  that  traps  msLy  be  taken  up  by  the  owner  or  by  his 
employee  or  agent,  if  licensed  under  section  thirty-eight,  at 
any  time  when  they  are  endangered  by  storms,  and  except 
that  the  director,  a  coastal  warden  or  deputy  may  at  any 
time  lift,  raise  or  draw  such  pot  or  trap  with  its  contents,  if 
any,  for  the  purpose  of  inspection  provided  in  this  chapter. 
Violation  of  the  provisions  of  this  section  shall  be  punished  Penalty. 
by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Section  40-    No    person,    either    as    principal,    agent    or  ciose  season 
employee,    shall;  between  January  first  and  the  following  crabs!^'^ 
March  thirty-first,  both  dates  inclusive,  take  or  catch  edible 
crabs,  by  the  use  of  traps  or  otherwise,  from  any  of  the 
coastal  waters.     Violation  of  the  provisions  of  this  section  Penalty. 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars. 

Section  4I  •    Whoever  takes,  sells  or  has  in  possession  any  Female  lob- 
female  lobster  bearing  eggs  or  any  female  edible  crab  shall  fng^ggs**^" 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  one  Penalty, 
hundred  dollars,  or  by  imprisonment  for  not 'less  than  one 
nor  more  than  three  months;    but  a  person  who  takes  any 
such  lobster  or  crab  and  immediately  returns  it  alive  to  the 
waters  from  which  it  was  taken  shall  not  be  subject  to  such 
penalty.    This  section  shall  not  apply  to  lobsters  spawning 
in  fish  cars  or  pounds  if  they  are  immediately  liberated  alive 
in  the  coastal  waters,  nor  to  the  taking,  sale  or  possession  of 
lobsters  as  provided  in  section  forty-three. 


738  Acts,  1941.  — Chap.  598. 

Plants  for  SecttoTi  i2 .    The  director  shall,  to  the  extent  of  appropria- 

propagation  '  ..  ir  iti  i 

of  lobsters.  tiOH  Or  appropriations  therefor,  establish  and  maintain  a 
plant  or  plants  for  the  propagation  of  lobsters  by  rearing 
them  from  the  time  of  hatching  to  the  bottom  crawling  stages. 
Lobsters  from  which  the  eggs  are  to  be  obtained  for  such 
hatching  and  rearing  shall  be  taken  and  disposed  of  in  accord- 
ance with  section  forty-three.  The  commissioner,  in  his 
biennial  budget  estimates,  filed  pursuant  to  section  three  of 
chapter  twenty-nine,  shall  include  a  statement  of  appropria- 
tion or  appropriations  recommended  by  him  for  the  purpose 
of  carrying  this  section  into  effect. 
When  egg-  Section  JfS .    Between  March  first  and  October  thirty-first, 

may  be  taken,    both  datcs  inclusive,  ill  any  year,  the  director  may  authorize 
Penalty.  the  taking,  sale  or  possession  of  egg-bearing  lobsters  by  any 

person  licensed  under  section  thirty-eight  to  catch  or  take 
lobsters  and  edible  crabs,  upon  the  condition  that  such  egg- 
bearing  lobsters  (1)  shall  be  taken,  held  or  delivered  in  ac- 
cordance with  the  instructions  of  the  director  to  a  plant 
for  the  propagation  of  lobsters  established  and  maintained 
for  rearing  them  from  the  time  of  hatching  to  the  bottom 
crawling  stages  or  to  a  federal  plant  maintained  within  the 
commonwealth  for  the  same  purpose,  (2)  or  shall  be  other- 
wise disposed  of  as  the  director  may  deem  for  the  best  in- 
terests of  the  commonwealth,  and  persons  taking  such  egg- 
bearing  lobsters  under  such  authority  shall  be  paid  by  the 
director  to  the  extent  of  the  appropriation  or  appropriations 
therefor  but  at  a  rate  not  above  the  wholesale  market  price 
of  other  lobsters.  Before  any  such  egg-bearing  lobster  is  so 
disposed  of  by  liberating,  it  shall  be  marked  by  the  director 
or  his  authorized  agent  by  punching  a  double  V  notch  in 
any  except  the  middle  flipper  of  its  tail.  Any  person  hav- 
ing in  possession  any  such  lobster  so  marked  or  any  lobster 
mutilated  in  such  manner  as  to  hide  or  obliterate  such  mark, 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  two  hundred  dollars  or  by  imprisonment  for  not  more 
than  thirty  days,  or  both ;  but  any  person  catching  any  such 
lobster  so  marked  or  mutilated  and  immediately  returning 
the  same  to  the  waters  from  which  taken  shall  not  be  deemed 
to  have  violated  the  foregoing  provisions  of  this  section.  If 
the  eggs  from  the  lobsters  so  obtained  shall  be  hatched  the 
young  therefrom  shall  be  reared  to  the  bottom  crawling 
stages.  Lobsters  from  which  eggs  have  been  so  hatched,  and 
the  young  lobsters  so  reared,  shall  be  liberated,  as  nearly  as 
possible,  in  the  areas  from  which  such  egg-bearing  lobsters 
were  obtained  and  in  the  same  proportion.  Nothing  in  this 
section  shall  bo  so  construed  as  to  prevent  the  director  from 
otherwise  disposing  of  lobsters  from  which  eggs  have  been 
so  removed,  or  young  lobsters  so  reared,  when  in  the  opinion 
of  the  director  by  so  doing  depleted  or  non-productive  areas 
may  be  benefited.  The  commissioner  in  his  biennial  budget 
estimates,  filed  pursuant  to  section  three  of  chapter  twenty- 
nine,  shall  include  a  statement  of  appropriation  or  appro- 


Acts,  1941.  — Chap.  598.  739 

priations  recommended  by  him  for  the  purpose  of  carrying 
this  section  into  effect. 

Section  44-  Whoever  sells,  or  offers  for  sale,  or  has  in  pos-  saie,  etc..  of 
session  for  a  period  longer  than  is  necessary  for  measuring  proWbrted.^'^^ 
or  for  any  purpose  other  than  legally  disposing  of  the  same,  penalty. 
a  lobster  measuring  less  than  three  and  one  eighth  inches  in 
length,  alive  or  deadj  cooked  or  uncooked,  measured  from  the 
rear  of  either  eye  socket  along  a  line  parallel  to  the  center 
line  of  the  body  shell  to  the  rear  end  of  the  body  shell,  shall 
be  punished  by  a  fine  of  not  less  than  five  nor  more  than  ten 
dollars  for  every  such  lobster,  and  such  lobster  shall  be  seized 
and  forfeited,  and  shall  be  disposed  of  by  the  director  to 
the  best  interests  of  the  commonwealth;  and  in  all  prosecu- 
tions under  this  section  any  mutilation  of  any  lobster  which 
affects  its  measurement  as  aforesaid  shall  be  prima  facie 
evidence  that  the  lobster  was  or  is  less  than  the  required 
length.  This  section  shall  not  appl}^  to  common  carriers 
having  lobsters  in  possession  for  the  purpose  of  transpor- 
tation. 

Section  J^5.    Whoever  cooks,  buys,  sells,  offers  or  exposes  use  of  dead 
for  sale,  gives  away,  or  knowingly  delivers,  transports,  ships,  |.°gu]|ted. 
or  receives  for  food  purposes  any  lobster,  or  similar  species  Penaity. 
of  Crustacea,  or  any  part  thereof,  which  is  uncooked  and 
dead,  or  which  was  cooked  after  it  was  dead  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dol- 
lars, or  by  imprisonment  for  not  less  than  ten  nor  more  than 
sixty  days,  or  both. 

Section  1^6.     No  person  shall  buy,  sell,  expose  for  sale,  saie.  etc..  of 
give  away,  deliver,  transport,  ship,  carry  or  have  in  his  pos-  crab  meTt'^ 
session  any  lobster  meat  or  crab  meat  after  the  same  has  regulated. 
been  taken  from  the  shell,  except  as  hereinafter  provided.  Permit. 
Any  lobster  meat  or  crab  meat  unlawfully  sold,  given  away,  ^ee. 
shipped,  bought,  transported  or  possessed  shall  be  liable  to 
seizure  and  may  be  confiscated.     The  foregoing  shall  not 
apply  to  such  lobster  meat  or  crab  meat  in  the  possession  of 
a  common  carrier  for  transportation  and  which  is  marked 
as  provided  in  section  forty-seven  or  of  which  it  has  no 
notice;  nor  to  canned  lobster  meat  or  crab  meat  when  cer- 
tified, to  the  satisfaction  of  the  department  of  public  health, 
by  the  board  of  health  or  a  body  having  similar  powers  of 
the  municipality  or  other  governmental  unit,  where  canned, 
to  have  been  in  suitable  condition  for  human  consumption 
when  canned,  and  to  have  been  canned  under  healthful  con- 
ditions, and  so  as  to  insure  the  continuance,  until  use,  of 
such  condition;  nor  to  such  meat  sold  for  food  by  a  licensed 
victualler  if  such  meat  has  been  obtained  from  a  dealer  hold- 
ing permit  as  hereinafter  provided;    nor  to  such  meat  re- 
moved from  the  shell  on  the  premises  where  it  is  to  be  eaten; 
nor  to  such  meat  removed  from  the  shell  by  a  wholesale  or 
retail  dealer  in  lobster,  or  edible  crabs,  at  his  regular  place 
of  business  therefor  if  said  dealer  has  a  written  permit  from 
the  director  for  the  sale  and  delivery  of  such  lobster  or  crab 


740 


Acts,  1941.— Chap.  598. 


Barrels,  etc., 
to  be  marked 
"Lobsters" 
or  "Lobster 
Meat." 


Penalty. 


Disposal 
of  lobsters, 
etc.,  seized 
in  unmarked 
containers. 


Liability  of 
carrier. 

Penalty. 


meat  and  if  such  meat  is  so  removed  or  sold  under  such  con- 
ditions and  regulations  as  the  director  may  prescribe,  and 
if  the  premises  where  such  meat  is  so  removed  or  sold  are  at 
all  reasonable  times  open  to  the  inspection  of  the  director, 
coastal  wardens,  deputy  coastal  wardens  and  fish  inspectors. 
No  permit  shall  be  required  for  the  resale  of  such  meat  so 
long  as  it  remains  in  the  original  unbroken  package;  pro- 
vided that  such  package  is  clearly  labeled  with  the  name  of 
the  permittee  together  with  the  words  "lobster  meat  re- 
moved under  permit  No.  ",  followed  by  the  num- 
ber of  the  permit  under  which  said  lobster  meat  was  removed. 
Such  a  permit  may  be  granted  upon  written  application  to  the 
director  and  the  payment  of  a  fee  of  ten  dollars,  shall  expire 
on  December  thirty-first  next  succeeding  the  date  of  issue, 
and  may  be  revoked  by  the  director  for  the  violation  by  the 
holder  thereof  of  any  provision  of  this  chapter.  No  rule  or 
regulation  as  to  sanitary  conditions  made  by  the  director 
under  authority  of  this  section  shall  be  effective  until  ap- 
proved by  the  department  of  public  health. 

Section  J^7.  All  barrels,  boxes  or  other  containers  con- 
taining lobsters,  or  lobster  meat  after  the  same  has  been 
taken  from  the  shell,  shall,  before  being  delivered  to  any 
carrier,  be  marked  by  the  shipper  in  a  plain  and  legible 
manner  on  the  outside  thereof  "Lobsters"  or  "Lobster 
Meat",  as  the  case  may  be,  in  capital  letters  at  least  one 
inch  in  length,  together  with  the  full  name  and  address  of 
the  shipper,  and,  in  the  case  of  such  lobster  meat,  also  with 
the  words,  "removed  under  permit  No.  ",  followed  by 

the  number  of  the  permit  under  which  the  same  was  taken 
from  the  shell;  and,  unless  in  barrels,  boxes  or  other  con- 
tainers so  marked,  no  lobster  or  lobster  meat  shall  be  trans- 
ported. Any  such  barrels,  boxes  or  other  containers  delivered 
to  or  transported  by  any  carrier  without  being  marked  as 
above  required,  and  the  lobsters  or  lobster  meat  therein,  shall 
be  seized  and  forfeited.  Violation  of  any  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars.  This  section  and  section  forty-nine 
shall  not  apply  to  lobsters  or  lobster  meat  passing  through 
the  commonwealth  under  authority  of  the  laws  of  the  United 
States. 

Section  48.  In  case  of  seizure  by  any  duly  authorized 
officer  of  any  lobsters  or  lobster  meat  contained  in  any  bar- 
rel, box  or  other  container  which  is  not  marked  as  provided 
in  section  forty-seven,  or  of  any  lobster  measuring  less  than 
the  length  prescribed  by  section  forty-four,  such  lobsters  as 
are  aUve  and  measure  less  than  such  prescribed  length  shall  be 
liberated  by  the  director,  and  all  other  such  lobsters  and  all 
such  lobster  meat  found  in  such  barrel,  box  or  other  container 
shall  be  held  and  disposed  of  as  provided  in  section  fifty. 

Section  1^9.  Any  carrier  who  knowingly  receives  or  carries 
from  place  to  place  any  lobster  or  lobster  meat  in  barrels, 
boxes  or  other  containers  not  marked  as  provided  in  section 


Acts,  1941.  — Chap.  598.  741 

forty-seven  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollars. 

Section  50.     When  any  lobster  or  lobster  meat  is  seized  ^"liwtion 
for  the  violation  of  any  provision  of  section  forty-seven,  the  of  seized 
officer  making  the  seizure  shall  immediately  notify  the  ship-  •'^''^t^"'  «*'=• 
per  thereof,  if  known,  and  shall  proceed  to  enforce  the  for- 
feiture of  such  lobsters  as  he  is  not  required  to  hberate,  or  of 
such  lobster  meat,  in  accordance  with  section  twelve. 

Section  51 .     No  person  shall  sell,  or  represent  for  the  pur-  Saie  of  native 
pose  of  sale,  any  lobster  as  a  native  lobster  unless  the  same  regtalted. 
shall  have  been  originally  caught  or  taken  in  the  coastal  Penalty 
waters;  nor  shall  any  person  so  sell,  or  represent  for  the  pur- 
pose of  sale,  any  crustacean  as  a  lobster  unless  the  same  is 
of  the  species  known  as  Homarus  americanus;  nor  shall  any 
person  so  sell,  or  represent  for  the  purpose  of  sale,  any  meat 
as  lobster  meat  unless  such  meat  is  wholly  from  crustaceans 
of  such  species.    Violation  of  any  provision  of  this  section 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars. 

Local  Control  of  Shellfisheries. 

Section  62.     The  selectmen  of  a  town  bordering  upon  cities  and 
coastal  waters,  if  so  authorized  by  their  town,  and  the  board  reJJiatTtak- 
of  aldermen  or  the  city  council  of  any  city  so  situated  may  ipg  of  sheu- 
control,  regulate  or  prohibit  the  taking  of  eels  and  any  or  all    ^  '^  "■ 
kinds  of  shellfish  and  sea  worms  within  such  cities  and  towns 
and  may,  from  time  to  time,  without  other  or  special  author- 
ity therefor,  make  any  regulations  not  contrary  to  law  in  Procedure, 
regard  to  said  fisheries  as  they  deem  expedient,  including  the  of^rSa-" 
times,  places,  methods,  purposes,  uses,  sizes,  quantities  and  t'on^,  etc. 
any  other  particulars  of  such  taking,  and  may  grant  permits, 
and  establish  the  fees  therefor,  subject  to  any  such  regulation, 
then  or  thereafter  in  force.    Any  such  authorizations  to  said 
selectmen  hereunder  shall  continue  in  force  until  subsequent 
action  of  such  town  shall  repeal  the  same.    Any  regulations 
made  under  authority  of  this  section  shall  continue  in  force 
until  the  board  of  aldermen,  city  council,  or  selectmen,  as 
the  case  may  be,  shall  alter,  amend,  rescind  or  repeal  the 
same,  or  the  authority  of  the  selectmen  to  make  and  enforce 
such  regulation  shall  be  repealed. 

Any  regulations  made  hereunder  shall  take  effect  as  therein 
stated,  shall  be  pubhshed  by  posting  a  copy  of  the  same  in  the 
office  of  the  aldermen,  city  council  or  selectmen  making  the 
same,  and  in  the  office  of  the  city  or  town  clerk,  and  in  three 
or  more  public  places  in  said  city  or  town,  or  by  pubhshing 
the  same  once  in  a  newspaper,  if  any,  pubhshed  in  said  city 
or  town,  and  by  sending  a  certified  copy  thereof  to  the 
director,  twenty-four  hours  at  least  before  the  time  set  for 
the  same  to  take  effect;  provided  that  the  director  may,  if  he 
deems  it  necessary  for  the  protection  of  shellfish  in  emergency, 
authorize  the  making  of  such  regulations  effective  immedi- 
ately, in  which  case  publication  shall  be  made  within  forty- 


742  Acts,  1941.  — Chap.  598. 

eight  hours  after  the  same  shall  take  effect.  The  records  of 
the  aldermen,  city  council  or  selectmen,  as  to  the  contents 
of  the  regulations,  and  the  method  and  time  of  publication 
thereof,  or  a  copy  thereof  attested  by  their  secretary,  shall  be 
prima  facie  evidence  of  such  facts  therein  stated.  The  records 
of  the  town  as  to  the  instructions  to  the  selectmen,  or  a  copy 
thereof  attested  by  the  town  clerk,  shall  be  prima  facie  evi- 
dence of  such  instructions. 

'  If  any  city  or  town  bordering  on  the  coastal  waters  neglects 
or  refuses  to  take  the  control  of  the  shellfish,  sea  worms  or  eels 
within  its  boundaries  as  provided  in  this  section,  such  control 
shall  be  temporarily  exercised  by  the  director  for  the  benefit 
of  such  city  or  town  and  such  authority  shall  continue  until 
such  time  as  the  aldermen  or  city  council  of  such  city  or  the 
selectmen  under  authority  of  a  vote  of  such  town  shall  take 
over  such  control.  Nothing  in  this  paragraph  shall  be  con- 
strued as  authorizing  the  director  to  take  control  of  or  exer- 
cise the  authority  provided  in  this  section  over  the  taking 
of  clams  from  any  areas  leased  from  the  commonwealth  by 
cities  or  towns  in  Essex  county  as  provided  in  chapter  seven 
hundred  and  ten  of  the  acts  of  nineteen  hundred  and  twelve 
and  amendments  thereto  nor  shall  such  authority  extend  to 
the  issuance  of  private  shellfish  grants  as  provided  in  section 
fifty-seven. 

Every  city  or  town  which  exercises  the  authority  over  such 
coastal  fisheries  as  provided  in  this  section  shall  set  aside  an 
area  or  areas  not  then  in  private  control  or  under  municipal 
cultivation  in  which  the  commercial  taking  of  shellfish  shall 
be  prohibited  and  from  which  shellfish  may  be  taken,  for 
his  own  family  use,  by  any  inhabitant  of  the  commonwealth 
holding  a  permit  therefor  from  such  city  or  town.  Such  per- 
mit shall  not  allow  the  taking  of  shellfish  of  a  size  at  a  season 
prohibited  by  law  and  the  amount  therefor  taken  for  any 
family  shall  not  exceed  in  any  one  week,  one  bushel  of  any 
or  all  kinds  of  shellfish,  but  the  councilmen  or  selectmen,  as 
the  case  may  be,  may,  with  the  approval  of  the  director, 
reduce  the  maximum  amount  of  any  or  all  of  such  shellfish 
taken  for  such  purpose. 

Nothing  in  this  section  shall  be  construed  to  authorize 
the  aldermen,  city  council,  or  selectmen  to  exercise  any 
authority  hereunder  in  areas  declared  under  section  seventy- 
four  or  under  corresponding  provisions  of  earlier  laws  to  be 
contaminated  unless  such  action  is  approved  in  writing  by 
the  director. 
fakrahenfiBh  SecHon  53.    All  permits  issued  under  section  fifty-two  shall 

be  issued  in  the  name  of  the  body  authorizing  the  issuing  of 
the  same;  but,  under  a  vote  of  such  body,  any  such  permit 
shall  be  valid  if  issued  bearing  the  signature  of  any  one 
member  thereof,  or  of  the  city  or  town  clerk.  A  record  of 
the  name,  residence  and  address  of  every  person  to  whom 
such  a  permit  is  issued,  with  any  special  details  relating  to 
such  permit,  shall  be  entered  by  the  officer  issuing  the  same 
in  a  book  kept  in  his  office  for  that  purpose. 


Acts,  1941.  — Chap.  598.  743 

Section  54-    Cities  by  a  vote  of  the  board  of  aldermen,  or  Appropriations 
city  council,  and  towns  by  a  vote  at  a  town  meeting,  may  I'oVnslor^cui- 
appropriate  money  for  the  cultivation,  propagation  and  pro-  of^^heUfish*''' 
tection  of  shellfish.    The  board  of  aldermen,  or  city  council, 
or  selectmen  when  so  authorized  by  their  town  may  from 
time  to  time  declare  a  close  season  for  any  or  all  kinds  of 
shellfish  for  not  more  than  three  years  in  such  waters,  flats 
or  creeks,  not  then  the  subject  of  a  private  grant,  within  the 
limits  of  their  respective  cities  and  towns,  as  they  deem 
proper,  and  may  plant,  grow  and  protect  shellfish  in  such 
waters,  flats  or  creeks;    provided,  that  no  private   rights 
are  impaired;     and  provided,  further,  that  when  any  close 
season,  declared  as  aforesaid,  shall  have  ended,  such  flats, 
waters  or  creeks  shall  not  within  two  years  thereafter  be 
licensed  for  the  private  cultivation  of  shellfish. 

Section  55.  No  permit  for  the  taking  of  shellfish  for  com-  Permits  to 
mercial  purposes  shall  be  issued  by  the  aldermen  or  council-  ^ant^d^^^" 
men  of  any  city  or  the  selectmen  of  any  town  to  an  alien 
unless  he  has  resided  in  such  city  or  town  for  at  least  five 
years  next  preceding  the  date  of  his  application  therefor,  or 
has  been  a  resident  of  the  county  in  which  such  city  or  town 
lies  for  at  least  five  years  next  preceding  the  date  of  such 
application  and  has  taken  shellfish  commercially  therefrom 
for  such  period. 

Section  56.  Whenever  under  the  authority  of  any  law  Joint  control 
two  or  more  municipalities  have  joint  property  in,  or  the  LherieT^ 
right  of  joint  control  of,  any  marine  fisheries  referred  to  in  regulated, 
section  fifty-two,  the  board  of  aldermen  or  city  council  of 
the  city,  or  the  selectmen  of  the  town  if  so  authorized  by 
the  town,  in  which  such  fisheries  lie  may  exclusively  exercise 
all  the  rights,  privileges  and  authority  conferred  by  said 
section  with  respect  to  such  fisheries,  make  appropriations 
therefor  as  provided  in  section  fifty-four  and  exercise  such 
other  control,  privileges  and  responsibilities  as  are  granted 
in  other  sections  of  this  chapter  pertinent  thereto,  as  though 
such  joint  control  or  property  did  not  exist;  provided  that 
in  the  exercise  of  such  rights,  privileges,  responsibilities  and 
authority  such  board  of  aldermen,  city  council  or  selectmen 
shall  grant  to  the  citizens  of  such  other  municipalities  the 
same  rights  and  privileges  as  are  granted  to  the  citizens  of 
their  city  or  town. 

Private  Shellfish  Grants. 

Section  57.    The  aldermen  or  city  council  of  any  city,  or  Private  sheu- 
the  selectmen  of  any  town  when  so  authorized  by  their  town  authorised. 
may,  upon  written  application  therefor  and  after  public  License. 
notice  and  hearing  thereon  as  provided  in  section  sixty,  etc. 
grant  to  any  person  who  for  at  least  one  year  immediately 
prior  to  his  application  has  been  a  registered  voter  in  such 
city  or  town,  to  a  firm  composed  entirely  of  such  persons 
thereof,  or  to  a  corporation  the  entire  capital  stock  of  which 
is  owned  by  such  persons,  a  license  for  a  period  not  exceed- 


744 


Acts,  1941.  — Chap.  598. 


Transfer  of 
licenses. 


Application 
for  license. 


Public  hearing 
on  issuance 
of  license. 


Survey  of 
licensed  area. 


ing  five  years  to  plant,  grow,  dig  and  take  shellfish  and 
to  plant  shells  for  the  purpose  of  catching  shellfish  seed,  in 
such  city  or  town  at  all  times  of  the  year,  upon,  in  or  from 
any  waters,  flats  or  creeks  below  mean  high  water  mark 
within  such  city  or  town  at  any  place  where,  in  the  opinion 
of  the  aldermen,  city  council  or  selectmen,  there  is  no  sub- 
stantial natural  shellfish  bed,  and  within  the  limits  specified 
in  the  license,  except  on  areas  then  or  within  two  years  prior 
thereto  closed  for  municipal  cultivation  under  the  provisions 
of  section  fifty-four.  Licenses  under  this  section  shall  be 
issued  upon  forms  supplied  by  such  cities  and  towns  and 
upon  such  terms  and  conditions  and  subject  to  such  regula- 
tions as  the  aldermen,  city  council  or  selectmen  issuing  the 
same  shall  deem  proper,  but  not  so  as  to  impair  the  private 
rights  of  any  person  or  to  materially  obstruct  navigable 
waters,  and  they  shall  describe  by  metes  and  bounds  the 
waters,  flats  or  creeks  covered  thereby. 

Nothing  in  this  section  shall  be  deemed  to  affect  the  valid- 
ity, conditions,  or  term  of  any  license  granted  under  corre- 
sponding provisions  of  earlier  laws  and  in  full  force  upon  the 
efTective  date  of  this  section. 

Section  58.  Any  license  granted  under  section  fifty-seven 
or  corresponding  provisions  of  earlier  laws  may  be  trans- 
ferred to  any  person  to  whom  it  might  originally  have  been 
granted,  and,  whether  or  not  so  transferred,  may,  within  two 
years  before  the  expiration  of  its  then  current  term,  be  re- 
newed for  a  further  term  of  not  exceeding  fifteen  years  from 
the  expiration  of  the  original  term.  The  provisions  of  this 
chapter  or  of  corresponding  provisions  of  earlier  laws  appli- 
cable to  the  original  issuance  of  such  license  shall,  so  far  as 
apt,  apply  to  a  transfer  or  a  renewal  thereof  hereunder. 

Section  59.  Any  person,  firm  or  corporation  qualified  as 
provided  in  section  fifty-seven  and  desiring  to  obtain  a  li- 
cense thereunder  shall  present  to  the  aldermen  or  selectmen 
a  written  application  setting  forth  the  name  and  residence 
of  the  applicant,  a  reasonably  definite  description  of  the 
desired  territory,  and  a  request  that  the  territory  be  sur- 
veyed and  a  plan  thereof  made,  if  the  same  has  not  already 
been  done,  and  that  such  license  be  granted  to  the  applicant. 

Section  60.  No  license  referred  to  in  section  fifty-seven 
shall  be  granted,  transferred  or  renewed  until  after  a  public 
hearing,  due  notice  of  which  has  been  posted  in  three  or 
more  public  places,  and  published  in  a  newspaper,  if  any, 
published  in  the  city  or  town  where  the  territory  described 
in  the  application  is  situated  at  least  ten  days  before  the 
time  fixed  for  the  hearing,  stating  the  name  and  residence  of 
the  applicant  or  transferee,  as  the  case  may  be,  the  date  of 
the  filing  of  the  application  for  such  license,  transfer  or  re- 
newal, and  the  location,  area  and  description  of  said  territory. 

Section  61.  Before  granting  any  such  license  the  alder- 
men, city  council  or  selectmen  shall  cause  to  be  made  a  sur- 
vey and  plan  of  the  territory  within  which  such  license  is  to 
be  granted,  and,  upon  granting  any  such  license,  shall  with- 


Acts,  1941.  — Chap.  598.  745 

out  charge  locate  and  mark  upon  the  ground  the  corners  of 
the  Hcensed  premises  and  shall  cause  to  be  marked  upon  a 
copy  of  such  plan  to  be  kept  in  the  office  of  the  city  or  town 
clerk  the  territory  covered  by  such  license.  The  licensee 
upon  receiving  his  license  shall  cause  the  territory  covered 
thereby  to  be  plainly  marked  out  by  monuments,  marks  or 
ranges  and  by  stakes  or  buoys,  with  the  number  of  his  license 
painted  in  figures  at  least  two  inches  in  height  in  a  conspicu- 
ous place  on  each  of  said  stakes  or  buoys  or  on  flags  attached 
thereto,  which  shall  be  maintained  by  him  or  his  transferee 
during  the  term  of  the  license  or  of  any  renewal  thereof. 
Failure  to  place  or  reasonably  to  maintain  the  same  shall  be 
sufficient  cause  for  revocation  of  the  license. 

Section  62.  The  aldermen,  city  council  or  selectmen  shall  Records  of 
keep  in  their  offices  plans  showing  all  such  licensed  areas,  "'^'*^^^' 
and,  in  a  book  devoted  to  that  purpose  only,  a  record  of 
each  hcense  granted  and  of  all  transfers  or  renewals  thereof, 
which  shall  include  the  name  and  residence  of  the  licensee 
or  transferee,  the  dates  of  issue,  transfer,  renewal  and  expi- 
ration thereof,  and  a  copy  of  the  description  of  the  licensed 
areas  as  the  same  appears  in  the  license.  Each  license,  and 
all  transfers  or  renewals  thereof,  shall  forthwith  after  the 
granting  or  approval  thereof  be  transmitted  by  the  board 
so  granting  or  approving  the  same  to  the  city  or  town  clerk, 
who  shall  record  the  same  in  a  book  kept  especially  therefor 
in  his  office.  The  licensee  or  transferee  shall  within  thirty 
days  after  such  issue  or  approval  pay  to  said  clerk  for  each 
hcense  or  renewal  issued  or  transfer  approved  one  dollar  for 
such  recording,  and  for  each  license  issued  shall  also  pay  four 
dollars  as  reimbursement  of  said  city  or  town  for  the  cost 
incurred  in  making  such  survey  and  plan  and  in  granting 
said  license,  a  record  of  which  payment  shall  forthwith  be 
entered  upon  said  record  by  said  clerk,  and  such  license, 
transfer  or  renewal  shall  not  take  effect  until  said  fees  are 
paid  and  entry  thereof  made  as  aforesaid.  Said  records 
shall  be  open  to  public  inspection  at  all  reasonable  times. 
Forms  for  such  license  and  for  the  transfer  or  renewal  of  the 
same  shall  be  provided  by  the  aldermen,  city  council  or 
selectmen  at  the  expense  of  their  city  or  town. 

Section  63.  The  licensee  or  transferee,  or  his  legal  repre-  Trespass  on 
sentatives,  shall,  for  the  purposes  set  forth  in  section  fifty-  trebH^damTges. 
seven  and  in  accord  with  the  terms  set  forth  in  said  license, 
have  during  the  term  of  the  license  or  of  any  renewal  thereof 
the  exclusive  use  of  the  waters,  flats  or  creeks  described  in 
the  license,  and  the  exclusive  right  to  take  all  shellfish  there- 
from during  the  time  therein  specified,  notwithstanding  any 
regulations  made  by  the  aldermen,  city  council  or  selectmen 
of  the  city  or  town,  subsequent  to  the  issuance  of  such  license 
or  to  the  renewal  thereof,  as  the  case  may  be;  provided, 
that  this  section  shall  not  be  construed  to  authorize  any 
taking  prohibited  by  law.  The  licensee  or  transferee,  or  his 
legal  representatives,  may  in  tort  recover  treble  damages  of 
any  person  who  without  his  or  their  consent,  unless  other- 


746 


Acts,  1941.  — Chap.  598. 


Fee  for 
license. 


Report  of 
shellfish  taken. 

License  for- 
feited, when. 


Injury  to 
marks  or 
bounds. 

Penalty,  etc. 


Unlawful  tak- 
ing of  shellfish 
from  licensed 
premises. 

Penalty. 


wise  authorized  by  law  or  by  lawful  regulation  so  to  do,  digs 
or  takes  shellfish  of  any  kind,  or  shells,  from  such  waters, 
flats  or  creeks,  or  disturbs  the  same  thereon,  during  the  con- 
tinuance of  the  license  or  of  any  renewal  thereof. 

Section  64-  Every  such  licensee  or  transferee  shall  pay 
to  the  city  or  town,  on  or  before  a  date  to  be  fixed  by  the 
aldermen,  city  council  or  selectmen,  an  annual  fee  of  not 
less  than  one  or  more  than  five  dollars  per  acre,  or  part 
thereof.  If  any  such  fee  is  not  paid  within  six  months  after 
it  becomes  due  the  license  shall  thereupon  be  forfeited. 

Section  65.  Every  licensee  or  transferee  of  a  license  re- 
ferred to  in  section  fifty-seven  shall  submit  on  oath  on  or 
before  October  twentieth  in  each  year  to  the  aldermen,  city 
council  or  selectmen  of  the  city  or  town  wherein  the  terri- 
tory covered  by  the  license  is  situated  a  report  of  the  total 
number  of  bushels  of  each  kind  of  shellfish  planted,  produced 
or  marketed  during  the  preceding  year  upon  or  from  such 
territory,  and  an  estimate  of  the  total  number  of  bushels  of 
each  kind  of  shellfish  at  the  time  of  such  report  planted  or 
growing  thereon;  and  if  the  total  amount  then  thereon  falls 
below  the  market  value  of  twenty-five  dollars  per  acre  within 
the  first  two  years  of  the  term  of  said  license,  or  below  the 
market  value  of  fifty  dollars  per  acre  per  year  for  any  three 
consecutive  years  thereafter,  said  value  to  be  determined  by 
the  aldermen,  councilmen  or  selectmen  by  such  reasonable 
method  as  they  deem  best,  they  may  declare  the  license  to 
be  forfeited;  whereupon  the  licensed  premises,  with  all  shell- 
fish then  thereon,  shall  revert  to  the  city  or  town  wherein 
situated. 

Section  66.  Whoever  wilfully  injures,  defaces,  destroys 
or  removes  any  mark  or  bound  used  to  define  the  extent  of 
any  shellfish  license  or  grant,  or  places  any  unauthorized 
mark  thereon,  or  ties  or  fastens  any  boat  or  vessel  thereto, 
shall  be  punished  by  a  fine  of  not  less  than  three  nor  more 
than  twenty  dollars  and  shall  be  liable  in  tort  for  double 
damages  and  costs  to  the  licensee  or  transferee  injured  by 
such  act. 

Section  67.  Whoever  works  a  dredge,  oyster  tongs  or 
rakes,  or  any  other  implement  for  the  taking  of  shellfish  of 
any  description  upon  any  shellfish  grounds  or  beds  covered 
by  a  license  granted  under  section  fifty-seven  or  correspond- 
ing provisions  of  earlier  laws,  or  in  any  way  disturbs  the 
growth  of  the  shellfish  thereon,  or  whoever  discharges  any 
substance  which  may  directly  or  indirectly  injure  the  shell- 
fish upon  any  such  grounds  or  beds,  without  the  consent  of 
the  licensee  or  transferee,  as  the  case  may  be,  or  whoever, 
while  upon  or  sailing  over  any  such  grounds  or  beds,  casts, 
hauls,  or  has  overboard  any  such  dredge,  tongs,  rake  or  other 
implement  for  the  taking  of  shellfish  of  any  description,  un- 
der any  pretence  or  for  any  purpose  whatever,  without  the 
consent  of  the  licensee  or  transferee,  as  the  case  may  be, 
shall  for  the  first  offence  be  punished  by  a  fine  of  not  more 
than  twenty  dollars  or  by  imprisonment  for  not  more  than 


Acts,  1941.  — Chap.  598.  747 

one  month,  and  for  a  subsequent  offence  by  a  fine  of  not 
more  than  fifty  dollars  or  by  imprisonment  for  not  more 
than  six  months. 

Section  68.    No  person  shall  dig,  take  or  carry  away  any  Taking  sheii- 
shellfish  or  shells  between  one  half  hour  after  sunset  and  Hcen^eT 
one  half  hour  before  sunrise,  by  any  method  whatever,  from  [^[''ht'time* 
any  waters,  flats  or  creeks  as  to  which  a  license  under  sec-  penalized. 
tion  fifty-seven  or  corresponding  provisions  of  earlier  laws 
is  outstanding.     A  licensee  or  transferee  of  such  a  license 
violating  this  section  shall,  in  addition  to  all  other  penalties 
provided,  forfeit  his  license  and  the  shellfish  remaining  on 
the  licensed  premises. 

Whoever  violates  any  provision  of  this  section,  or  who- 
ever, without  the  consent  of  the  licensee  or  transferee,  digs 
or  takes  any  shellfish  or  shells  from  any  waters,  flats  or  creeks 
described  in  any  license  granted  under  section  fifty-seven,  or 
corresponding  provisions  of  earlier  laws,  during  the  contin- 
uance of  such  license  or  of  any  renewal  thereof,  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  less  than  one  nor  more  than  six 
months,  or  both. 

Certain  Shellfish. 

Section  69.    Whoever  takes  or  has  in  possession  quahaugs  Seed 
or  soft-shelled  clams  less  than  two  inches  in  longest  diam-  ge^'ed'ciams!"'* 
eter,  hereinafter  referred  to  as  seed  quahaugs  or  seed  clams,  penalty  for 
to  the  amount  of  more  than  five  per  cent  of  any  batch  shall  *^  '"^'  ^^''' 
be  punished  by  a  fine  of  not  less  than  five  nor  more  than  fifty 
dollars  and  imprisonment  for  thirty  days;   provided,  that  it 
shall  not  be  unlawful  to  take  seed  quahaugs  or  seed  clams  or 
have  the  same  in  possession  under  authority  of  a  permit 
therefor,  which  the  director  is  hereby  authorized  to  grant, 
for  replanting  in  waters  or  flats  within  the  commonwealth. 

Section  70.  No  person  shall  take  from  the  flats  or  coastal  Taking  of 
waters  of  the  commonwealth  scallops  other  than  adult  seal-  reguiTted. 
lops,  or  sell  or  offer  for  sale  or  have  in  possession  such  scal- 
lops. For  the  purposes  of  this  section  an  adult  scallop  shall 
be  a  scallop  with  a  well-defined  raised  annual  growth  line, 
and  any  scallop  without  such  line  shall  be  deemed  a  "seed" 
scallop.  Scallops  taken  from  the  coastal  waters  shall  im- 
mediately be  culled  when  taken,  and  all  scallops  other  than 
adult  scallops  shall  forthwith  be  r'eturned  alive  to  the  coastal 
waters  whence  taken;  but  it  shall  not  be  unlawful  to  sell  or 
have  in  possession  scallops  other  than  adult  scallops  un- 
avoidably left  in  the  catch  after  it  has  been  culled,  to  the 
amount  of  not  more  than  five  per  cent  of  the  total  catch 
remaining.  All  scallops  taken  in  accordance  with  this  sec- 
tion shall  be  taken  ashore  in  the  shell.  This  and  section 
seventy-one  shall  not  apply  to  seed  and  adult  scallops  carried 
by  storm  or  tide  from  the  natural  beds  and  deposited  on 
beaches  and  flats  where,  in  the  opinion  of  the  director,  they 
cannot  survive,  but  the  taking  of  said  seed  scallops  and  the 
taking  and  sale  of  said  adult  scallops  may  be  authorized  by 


748 


Acts,  1941.  — Chap.  598. 


Closed  season 
on  scallops. 

Penalty. 


Catch  of 

scallops 

limited. 

Penalty. 


Modification 
of  close  season, 
when  granted. 


him  at  any  season  of  the  year.  The  director  shall  promul- 
gate rules  and  regulations  governing  the  taking  and  sale  of 
said  seed  and  adult  scallops  by  special  permits,  which  he  is 
empowered  to  issue  without  fee,  or  otherwise  so  as  to  pre- 
vent the  sale  of  seed  scallops  at  any  time,  or  the  sale  of  adult 
scallops  between  April  first  and  the  following  October  first, 
except  as  authorized  herein.  Whoever  violates  any  provi- 
sion of  this  section  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars  and  imprisonment  for  thirty  days  or  both. 

Section  71.  Except  as  provided  in  sections  seventy  and 
seventy-three,  no  person  shall  take  scallops  between  April 
first  and  the  following  October  first  from  the  flats  or  coastal 
waters  of  the  commonwealth,  or  buy  or  sell  or  have  in  pos- 
session scallops  so  taken.  Whoever  violates  any  provision 
of  this  section  shall  be  punished  by  a  fine  of  not  less  than  ten 
nor  more  than  fifty  dollars  and  imprisonment  for  thirty 
days  or  both. 

Section  72.  No  person  shall  for  any  purpose  take  more 
than  a  total  of  ten  bushels  of  scallops,  including  shells,  in 
one  day,  unless  authorized  by  the  director  under  sections 
seventy  and  seventy-three  so  to  do.  Whoever  violates  any 
provision  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars  and  imprisonment 
for  thirty  days  or  both. 

Section  73.  The  provisions  of  sections  seventy-one  and 
seventy-two  in  respect  to  the  open  and  close  season,  and  in 
respect  to  the  number  of  scallops  that  may  be  taken,  may 
be  temporarily  modified  if,  on  petition  of  the  aldermen,  city 
council  or  selectmen  to  the  director,  the  director  after 
investigation,  determines  that,  owing  to  unusual  circum- 
stances, such  modification  is  expedient.  In  that  case,  he 
may  authorize,  for  a  prescribed  period,  the  aldermen,  city 
council  or  selectmen  to  issue  permits  to  inhabitants  of  their 
respective  cities  or  towns  to  take  scallops  in  such  quantities 
and  at  such  times  as  he  deems  expedient. 


Determination 
of  contami- 
nated areas. 

Publication, 
notice,  etc. 


Shellfish  in  Contaminated  Areas. 

Section  74.  The  department  of  public  health  shall  exam- 
ine from  time  to  time,  or  upon  the  request  of  the  director, 
the  coastal  waters  and  flats  of  the  commonwealth  and  sam- 
ples of  shellfish  therein  or  thereon  in  order  to  determine  what 
areas  thereof  are  so  contaminated  that  shellfish  obtained 
therefrom  are  unfit  for  food  and  dangerous  to  the  public 
health.  If,  after  such  examination,  said  department  deter- 
mines that  such  contamination  exists,  it  shall,  by  written 
order,  promulgate  definite  bounds  of  the  area  or  areas  so 
determined  to  be  contaminated.  Before  such  determination 
shall  be  in  effect,  said  department  shall 

(1)  Publish  the  results  of  its  examination  and  its  deter- 
mination thereto  in  a  newspaper  published  in  each  city  and 
town  in  which  or  adjacent  to  which  any  such  contaminated 
area  is  situated, 


Acts,  1941.— Chap.  598.  749 

(2)  Shall  file  in  the  office  of  the  clerk  of  every  such  city 
and  town  the  results  of  such  examination  and  such  deter- 
mination, 

(3)  Shall  cause  to  be  posted  at  points  on  or  near  every 
such  area  a  description  thereof,  specifying  said  bounds  and 
a  statement  that  such  area  is  contaminated, 

(4)  Shall  notify  the  director  of  its  determination  by  filing 
with  him  properly  authenticated  copies,  certified  by  the  sec- 
retary of  state,  of  its  examination,  determination,  publica- 
tion, filing  and  posting.  Whenever,  as  a  result  of  a  subse- 
quent examination  of  an  area  or  areas  determined  by  said 
department  to  be  contaminated,  it  determines  that  the 
shellfish  in  such  area  or  areas  are  safe  to  use  as  food,  notice 
of  such  determination  shall  be  published  immediately,  and 
the  director  notified  thereof.  The  record  of  any  examina- 
tion hereunder  and  the  bacteriological  counts  made  therein  . 
shall  be  subject  to  inspection  upon  request. 

Section  75.  The  director  may  grant,  and  may  revoke.  Purification 
written  permits  for  the  digging  or  taking  of  shellfish  from  f°/om^iOTtLmi- 
an  area  determined  under  section  seventy-four  or  correspond-  nated  areas, 
ing  provisions  of  earlier  laws  to  be  contaminated  while  such 
determination  is  in  force,  every  such  permit  to  be  upon  the 
express  condition,  which  shall  be  set  forth  therein,  that  all 
shellfish  dug  or  taken  from  the  area  or  areas  covered  by 
such  permit  by  the  holder  thereof  shall,  before  being  used 
or  disposed  of  for  consumption  as" food,  be  purified  at  a  plant 
approved  in  writing  by  the  commissioner  of  pubHc  health 
and  upon  such  further  conditions  and  regulations  as  will,  in 
the  opinion  of  the  director,  most  effectively  prevent  the  use 
of  said  shellfish  as  food  until  so  purified.  For  the  purpose  Permits. 
of  this  paragraph  the  director,  upon  receipt  of  the  proper 
fees,  may  issue  the  following  classes  of  permits :  —  a  master 
digger's  permit  for  an  individual  who  digs  or  takes  shellfish 
from  such  areas  for  such  purification;  a  digger's  permit  for 
an  individual  who  digs  shellfish  for  the  holder  of  a  master 
digger's  permit;  and  a  bait  permit  for  an  individual  who 
digs  and  takes  shellfish  from  such  areas  for  bait  purposes 
only;  provided,  that  no  person  shall  be  eligible  for  a  bait 
permit  hereunder  who  has  a  digger's  permit  or  who  sells 
shellfish  for  food  purposes. 

Whoever,  without  a  permit  as  provided  in  this  section  or  Penalty. 
contrary  to  the  provisions  of  such  permit  digs  or  takes  shell- 
fish for  any  purpose  from  any  area  determined  under  sec- 
tion seventy-four  or  under  corresponding  provisions  of  earlier 
laws  to  be  contaminated,  while  such  determination  is  in 
force,  or  shall  knowingly  transport  or  cause  to  be  transported 
or  shall  have  in  possession  shellfish  so  dug  or  taken,  or  makes 
use  of  such  a  permit  after  its  revocation  or  cancellation  or 
wilfully  fails  to  surrender  the  same  at  the  request  of  said 
director  shall  be  punished  by  a  fine  of  not  less  than  twenty 
nor  more  than  one  hundred  dollars  or  by  imprisonment  for 
not  more  than  sixty  days,  or  both.  The  superior  court  shall  ^"^'0^^*^'°° 
have  jurisdiction  in  equity  to  enforce  this  section  and  the 


750 


Acts,  1941.  — Chap.  598. 


Construction 
and  main- 
tenance of 
purification 
plants,  reciuest 
for,  etc. 


Allocation 
of  moneys 
for  purifica- 
tion plants. 


rules  and  regulations  of  the  director  made  hereunder  and  to 
restrain  the  violation  thereof.  In  any  prosecution  for  a  vio- 
lation of  this  section  the  possession,  except  by  a  common 
carrier,  of  shellfish  apparently  so  dug  or  taken  without  a 
permit  herein  referred  to  shall  be  prima  facie  evidence  of  a 
violation  thereof. 

Purification  Plants. 

Section  76.  The  aldermen  or  city  council  of  a  city  or  the 
selectmen  of  a  town  wherein  lies  any  area  determined  and 
declared  by  the  department  of  public  health,  in  accordance 
with  section  seventy-four,  to  be  contaminated,  or  ten  per 
cent  of  the  registered  voters  in  any  such  city  or  town,  may 
file  a  petition  with  the  director,  stating  that  the  petitioners 
deem  that  the  shell  fisheries  in  such  area  are  of  sufficient 
commercial  value  to  warrant  the  construction  and  mainte- 
nance of  a  new  purification  plant,  or  the  maintenance  of  an 
existing  purification  plant. 

Upon  the  filing  of  such  petition  or  upon  his  own  motion, 
the  director  shall  forthwith,  after  public  notice  and  a  hear- 
ing, determine  whether  the  shellfish  in  this  area,  or  in  such 
area  and  such  similar  areas  as  might  reasonably  be  served 
by  the  same  purification  plant,  are  of  sufficient  commercial 
value  to  warrant  the  construction  and  maintenance  of  a 
new  purification  plant,  or  the  maintenance  of  an  existing 
purification  plant.  If  such  determination  is  in  the  affirma- 
tive, he  shall  prescribe  the  location  and  plan  of  such  plant 
and  the  hmits  of  the  areas  to  be  served  thereby,  or,  as  to 
any  such  purification  plant  already  in  existence,  he  may  ap- 
prove the  location,  plan  and  limits  thereof  in  whole  or  in 
part,  or  prescribe  such  changes  therein  as  he  may  deem 
suitable,  and  shall  request  the  department  of  public  health 
to  make  a  determination  as  is  provided  in  section  seventy- 
seven. 

Such  city  or  town  may  thereupon  construct  or  change 
such  plant  as  prescribed  and  approved  and  may  appropriate 
such  sum  or  sums  as  may  be  reasonably  necessary  therefor, 
or  the  director  may  construct  or  alter  such  plant  within  the 
limits  of  appropriations  available  therefor. 

No  such  plant  shall  be  constructed  or  operated  until  ap- 
proved in  writing  as  to  location,  plan  and  operation  by  the 
commissioner  of  public  health.  The  department  of  public 
health  may  from  time  to  time  promulgate  rules  and  regula- 
tions for  the  operation  of  such  plants.  Said  commissioner  may 
suspend  such  approval  at  any  time,  and  after  a  hearing,  due 
notice  of  which  has  been  given,  he  may  revoke  such  approval 
if  he  is  satisfied  that  there  is  sufficient  evidence  of  a  viola- 
tion of  any  conditions  upon  which  such  approval  was  given, 
or  of  any  rule  or  regulation  promulgated  by  the  department 
of  public  health  for  the  operation  thereof. 

Section  77.  Upon  receipt  of  the  request  provided  for  in 
section  seventy-six,  the  department  of  public  health  shall, 
as  soon  as  may  be  and  in  such  manner  as  it  may  deem  proper, 


Acts,  1941.  — Chap.  598.  751 

determine  the  sources  of  pollution  of  the  contaminated  area 
or  areas  referred  to  therein,  and  the  proportions  in  which 
cities  and  towns  within  the  commonwealth  are  causing  or 
contributing  to  the  cause  of  such  pollution;  provided,  that 
if  in  any  city  or  town  as  to  which  any  such  proportion  is  so 
determined  there  is  a  private  corporation  organized  for  the 
purpose  of  owning  and  maintaining  for  profit  a  system  of 
sewage  disposal,  said  department  shall  likewise  determine 
whether  or  not  said  private  corporation  is  causing  or  con- 
tributing to  the  cause  of  the  pollution  ascribed  by  the  de- 
partment to  such  city  or  town  and,  if  so,  in  what  proportion, 
and  shall  forthwith  report  such  determination  to  the  director, 
who  shall  thereupon  notify  each  of  the  cities  and  towns  and 
private  corporations,  if  any,  named  in  the  report  of  the  de- 
partment of  public  health  as  causing  or  contributing  to  the 
pollution  of  the  area  or  areas  in  question,  and  after  due  notice 
and  hearing,  and  in  such  manner  as  he  shall  deem  just  and 
equitable,  allocate  the  proportion  which  each  of  said  cities 
and  towns  or  such  private  corporation  shall  bear  of  the  cost 
of  such  purification  plant  as  is  prescribed  or  approved  under 
section  seventy-six,  anc'  the  expenses  of  maintaining  such 
plant  thereafter,  and  shall  report  his  findings  to  each  of  said 
cities  and  towns.  Said  report  shall  be  conclusive  as  to  all 
matters  referred  to  the  director  and  shall  be  binding  upon 
all  parties,  but  any  city  or  town  or  other  party  in  interest, 
may  appeal  to  the  supreme  judicial  court  for  a  review  of  such 
report.  The  court  shall  have  jurisdiction  in  equity  to  en-  Jurisdiction 
force  sections  seventy-six  to  seventy-nine,  inclusive.  °^  ^°^^' 

Section  78.     After  the  completion  of  the  construction  of  a  statement  of 
purification  plant  prescribed  by  the  director  with  the  ap-  fOTpurificrtlon 
proval  of  the  commissioner  of  public  health  under  section  plants  to  be 

,  •  cj.        J^^      •  1      c  1  •    ,  •  ^        ,      submitted 

seventy-Six,  or  alter  tneir  approval  or  such  an  existmg  plant,  to  director. 
the  same  shall  be  maintained  by  the  city  or  town  in  which  it 
is  located  or  may  be  operated  by  the  director  in  behalf  of  the 
cities  or  towns  contributing  to  such  pollution  as  determined 
under  the  provisions  of  section  seventy-seven  until  such  time 
as  he  may  determine  that  the  shellfish  in  the  area  or  areas 
served  by  it  are  no  longer  of  sufficient  commercial  value  to 
warrant  its  continuance.  On  or  before  January  fifteenth  of 
each  year  unless  such  plant  is  operated  by  the  director,  any 
such  city  or  town  which  shall  operate  such  a  plant  shall  sub- 
mit to  the  director  an  itemized  statement  certified  by  its 
treasurer,  showing  all  sums  expended  by  it  during  the  pre- 
ceding year  on  account  of  any  such  plant.  The  director 
shall  approve  such  sums  as  he  finds  to  be  correct  and  proper- 
charges.  Such  proportions  of  the  total  amount  thereof  as 
have  been  determined  by  the  department  of  public  health 
as  provided  in  section  seventy-seven  to  be  allocable  to  cities 
and  towns  the  director  shall  apportion  thereto  in  the  pro- 
portions fixed  thereby,  and  shall  forthwith  notify  each  such 
city  or  town  or  other  parties  of  the  amounts  so  apportioned, 
which  shall  thereupon  be  due  and  payable  to  the  city  or 
town  in  which  said  plant  is  located,  or  to  the  director  if  so 


752 


Acts,  1941.  — Chap.  598. 


Purification 
to  be  free  of 
charge,  when. 


operated.  Should  such  last-mentioned  city  or  town  or  the 
director  fail  to  maintain  such  purification  plant  in  good  con- 
dition, or  to  operate  the  same,  the  supreme  judicial  court 
shall  have  jurisdiction,  upon  application  of  ten  registered 
voters  in  any  one  or  more  of  the  cities  and  towns  contribut- 
ing to  the  expense  of  such  plant,  to  compel  it  or  him  to  put 
the  plant  in  good  condition  and  to  operate  the  same. 

Section  79.  Such  purification  plant  shall  accept  and  treat 
for  purification,  free  of  charge,  all  shellfish  dug  or  taken 
from  the  area  or  areas  for  which  such  plant  is  established. 


Commercial 
taking  and 
distribution 
of  shellfish 
regulated. 

Permits,  etc. 


Commercial  Permits  and  Certificates. 

Section  80.  Except  as  provided  in  section  seventy-five, 
and  except  that  this  section  shall  not  apply  to  scallops,  no 
person  shall  engage  in  the  commercial  distribution  of  fish 
in  this  commonwealth  as  set  forth  herein  unless  he  is  the 
holder  of  a  certificate  hereinafter  mentioned  in  full  force 
and  effect  therefor,  authority  to  grant  such  certificate  being 
hereby  vested  in  the  director. 

No  person  shall,  for  commercial  use,  dig  or  take  shellfish 
without  a  bed  certificate,  stating  that  the  coastal  waters 
and  flats  from  which  said  shellfish  are  or  are  to  be  dug  or 
taken,  and  the  shellfish  therein  and  thereon,  are  free  from 
contamination. 

No  person,  as  a  dealer,  shall  engage  in  the  commercial 
distribution  of  shellfish  in  the  shell  without  first  obtaining 
a  dealer's  shellfish  certificate  for  shell  stock,  and  no  person 
so  distributing  shall  operate  a  shucking  plant  without  a 
dealer's  shellfish  certificate  for  an  approved  shucking  plant. 

No  person  shall  buy  shellfish  within  this  commonwealth 
to  ship  outside  the  commonwealth,  or  maintain  an  estab- 
lishment for  packing  shellfish  for  such  shipment,  without 
first  obtaining  a  dealer's  shellfish  shipping  certificate,  and 
no  person  shall  dig  or  take  shellfish  for  such  shipment  or 
packing,  or  both,  without  first  obtaining  a  digger's  shellfish 
shipping  certificate. 

No  person,  as  a  wholesale  dealer,  shall  engage  in  the  com- 
mercial distribution  of  fish  other  than  shellfish  within  this 
commonwealth  or  ship  the  same  outside  the  commonwealth 
without  first  obtaining  a  wholesale  fish  dealer's  certificate. 

The  director  shall  promulgate  rules  and  regulations  rela- 
tive to  the  form,  contents  and  use  of  all  certificates  issued 
under  this  section  and  relative  to  the  condition  of  establish- 
ments referred  to  in  this  section  or  to  equipment  of  persons 
operating  such  establishments  under  such  certificates,  and 
such  other  rules  and  regulations  relative  to  fish  or  shellfish 
as  will  most  effectively  safeguard  the  public  health  and 
meet  the  requirements  of  the  United  States  as  to  the  inter- 
state commerce  in  fish  or  shellfish  and  of  other  states  in  re- 
lation to  the  importation,  inspection  and  consumption  thereof 
within  their  respective  limits. 


Acts,  1941.  — Chap.  598.  753 

Said  rules  and  regulations  shall  be  subject  to  the  approval 
of  the  department  of  public  health  in  so  far  as  sanitary  re- 
quirements are  concerned.  At  the  request  of  the  commis- 
sioner of  public  health,  or  of  his  own  motion,  the  director 
shall  revoke  and  cancel  and  require  the  surrender  of  any 
certificate  issued  by  him  under  this  section  if,  in  his  opinion, 
after  a  hearing,  after  due  notice,  by  him  or  some  person 
designated  b}'-  him,  the  holder  thereof  is  guilty  of  \aolating 
any  such  rule  or  regulation,  or  any  provision  of  this  or 
section  seventy-five,  or  upon  a  change  in  the  facts  and 
conditions  set  forth  in  such  certificate.  Pending  the  hearing 
the  certificate  shall  be  suspended.  Whoever  violates  any 
provision  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars  and  imprisonment 
for  thirty  days,  or  both. 

No  person  holding  a  valid  dealer's  shellfish  certificate  for 
either  shell  stock  or  shucked  stock  need  at  the  same  time 
hold  a  separate  bed  certificate;  no  person  holding  a  digger's 
or  dealer's  shipping  certificate  need  at  the  same  time  hold 
a  separate  bed  certificate  or  a  dealer's  shellfish  certificate; 
no  person  holding  a  master  digger's  permit  under  section 
seventy-five  need  at  the  same  time  hold  a  separate  digger's 
permit;  and  no  person  holding  a  wholesale  fish  dealer's 
certificate  need  at  the  same  time  hold  a  dealer's  shellfish 
certificate  or  a  separate  dealer's  shipping  certificate. 

No  person  holding  a  master  digger's  permit  or  a  digger's 
permit  for  an  individual  who  digs  shellfish  for  the  holder  of 
a  master  digger's  permit  shall,  at  the  same  time,  hold  a  bed 
certificate. 

Section  81.     No  person  shall  transport,  or  cause  to  be  Transporting 
transported,  into  this  commonwealth  for  consumption  as  the^clmm'^Jn- 
food  any  shellfish  taken  or  dug  from  areas  outside  the  com-  wealth  regu- 
monwealth,  or  sell,  cause  to  be  sold,  or  keep,  offer  or  expose        .. 
for  sale  for  consumption  as  aforesaid  any  shellfish  so  taken  for,  etc. 
or  dug,  unless  there  is  on  file  in  the  department  of  public 
health  a  certificate,  approved  by  said  department,  in  which 
the  state  board  or  department  of  health  or  other  board  or 
officer  having  like  powers  of  the  state,  country  or  province 
where  such  areas  are  situated  states  that  such  areas  are 
free  from  contamination,  and' also  a  certificate,  approved  as 
aforesaid,  in  which  such  state  board  or  department  of  health 
or  other  board  or  officer  having  like  powers  states  that  the 
establishment  and  equipment  of  the  person  shipping  said 
shellfish  into  the  commonwealth  are  in  good,  sanitary  condi- 
tion, nor  shall  any  person  transport  or  cause  to  be  trans- 
ported  within   this   commonwealth   any  shellfish   for   con- 
sumption as  food,  unless  the  container  of  such  shellfish  shall 
at  all  times,  while  in  such  transportation,  bear  a  label  or 
tag  legibly  marked  with  the  name  and  address  of  the  pro- 
ducer and  of  the  shipper  thereof  and  the  numbers  of  such 
certificates,  and  the  name  of  the  place  where  and  the  date 
when  taken,  and  absence  of  such  label  or  tag  so  marked  or 


754 


Acts,  1941.  — Chap.  598. 


Penalty. 


Shellfish  to 
be  marked 
with  source 
of  supply,  etc. 

Penalty. 


Fees  for 
certificates. 


failure  to  allow  an  inspection  shall  be  prima  facie  evidence 
of  violation  of  this  section;  provided,  that  the  foregoing 
provisions  relative  to  transportation  shall  not  apply  to  com- 
mon carriers,  their  servants  or  agents.  No  such  certificate 
shall  be  approved  by  the  department  of  public  health  which 
does  not  meet  the  provisions  of  the  laws,  rules,  regulations 
and  requirements  of  the  United  States  as  to  interstate  com- 
merce in  shellfish. 

A  list  of  certificates  shall  be  filed  with  the  director.  Who- 
ever violates  any  provision  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  or 
by  imprisonment  for  not  more  than  thirty  days,  or  both. 
The  provisions  of  this  section  shall  be  enforced  by  the  de- 
partment of  public  health,  local  boards  of  health,  the  director 
and  all  officers  qualified  to  serve  criminal  process;  provided, 
that  the  provisions  of  this  section  and  of  section  eighty-two 
shall  not  apply  to  shellfish  taken  from  an  area  declared  to 
be  contaminated  under  the  provisions  of  section  seventy- 
four  or  corresponding  provisions  of  earlier  laws. 

Section  82.  No  wholesale  or  retail  dealer  in  shellfish,  and 
no  person  holding  a  victualler's  license,  shall  receive  any 
shellfish  unless  the  same  bears  a  label  or  tag  legibly  marked 
with  the  source  of  supply,  the  date  when  taken,  and  either 
the  certificate  or  permit  number  or  the  name  and  address 
of  the  producer  or  shipper,  and  all  shellfish  in  transit  shall 
bear  such  label  or  tag  so  marked.  He  shall  for  sixty  days 
after  receipt  of  such  shellfish  keep  in  his  place  of  business  a 
record  of  the  markings  on  such  tag  or  label,  which  record 
shall  at  all  reasonable  times  be  open  to  inspection  by  any 
representative  of  the  division  or  of  the  department  of  public 
health.  Whoever  violates  any  provision  of  this  section  or 
fails  or  neglects  to  furnish  the  required  label  or  tag  or  fur- 
nishes such  a  label  or  tag  bearing  false  or  misleading  informa- 
tion shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars  or  imprisonment  for  thirty  days,  or 
both. 

Section  83.  For  the  purpose  of  defraying  the  cost  of  issu- 
ing certain  certificates  and  permits  and  the  inspection  thereof 
the  following  fees  shall  be  paid  to  the  director  by  the  person 
to  whom  the  same  is  issued  for  any  calendar  year  or  part 
thereof : 


Dealer's  shellfish  certificates  for  approved  shucking  plant 
Dealer's  shellfish  certificates  for  other  than  approved  shucking 
plants      ....... 

Dealer's  shipping  certificates 

Digger's  shipping  certificates 

Master  digger's  permits  in  contaminated  area 

Digger's  permits  in  contaminated  area  . 

Bait  permits  in  contaminated  area 

Wholesale  fish  dealer's  certificates 


$5  00 


.   1  00 

'.         '.         .  10  00 

.   2  00 

. .  10  00 

.   1  00 

.   1  00 

.  10  00 

Acts,  1941.  — Chap.  598.  755 


Inspection  of  Fish. 

Section  84-     All  fresh  food  fish  before  being  offered  for  classification 
sale,  placed  in  cold  storage,  salted  or  smoked  shall  be  graded  °^  ^®'^- 
as  follows: 

"Prime",  fish  in  extra  fine  condition.  Definitions. 

"Superior",  fish  in  suitable  condition  to  stand  shipment 
outside  the  commonwealth  for  human  consumption  as  fresh 
fish. 

"Standard",  fish  in  suitable  condition  for  immediate 
human  consumption  as  fresh  fish. 

All  other  fish  shall  be  classified  as  refuse,  shall  be  deemed 
unsuitable  for  human  consumption,  and  may  be  used  only 
for  fish  meal,  fertilizer  or  other  non-food  purposes. 

No  person  shall  represent,  sell,  offer  for  sale  or  advertise 
fresh,  frozen,  salted  or  smoked  fish  of  any  grade  under  any 
misleading  or  other  than  the  truthful  and  correct  name  and 
grade  or  corresponding  term  for  such  fish. 

The  word  "fish"  as  used  in  this  section  shall  be  taken  to 
mean  only  swimming  fish  or  finny  fish  of  the  class  known  as 
Pisces. 

Section  85.    Food  fish,  unless  deposited  in  bulk,  when  de-  Coid  storage 
posited  in  cold  storage  except  in  private  freezing  plants,  shall  pfainfy  marked. 
be  plainly  marked  with  the  date  of  receipt  on  the  containers 
in  which  they  are  packed;    and  if  deposited  in  bulk,  shall 
at  the  time  of  removal  from  cold  storage  be  plainly  marked 
on  such  containers  with  the  month  and  year  of  receipt. 

Section  86.  No  person  shall  sell,  or  represent  for  the  pur-  Saie  of  frozen 
pose  of  sale,  otherwise  than  as  frozen,  fish  which  have  been  ^^^  remi&^ed. 
frozen. 

Section  87.     No  person  shall  import,  or  cause  to  be  im-  Fresh  sword- 
ported  into  this  commonwealth  for  purposes  of  sale,  any  and  packing, 
fresh  swordfish  unless  properly  packed  in  boxes,  crates  or 
barrels  and  so  iced  as  to  prevent  the  same  from  becoming 
infected,  contaminated  or  unwholesome. 

Section  88.     No  person  shall  deposit  or  cause  to  be  de-  Period  of 
posited  in  cold  storage  for  a  period  exceeding  six  months  oord^it°omge 
fish  received  from  any  other  state  or  country  which  have  regulated. 
been  previously  in  cold  storage  either  within  or  without  this 
commonwealth,  unless  at  the  time  of  deposit  such  fish  are 
plainly  marked  with  the  date  of  their  original  deposit  in  cold 
storage,  whether  within  or  without. 

Section  89.     The  director,  a  fish  inspector  or  a  coastal  ma^^fnT'e^ct"" 
warden  may  inspect  all  fish  offered  or  exposed  for  sale  or  fish  meant 
kept  with  intent  to  sell,  and  for  such  purpose  may  enter  ^""^  ^^^''' 
any  place  where  fish  is  stored,  kept,  offered  or  exposed  for 
sale,  may  examine  the  conditions  of  such  place  and  the 
equipment  thereof  and  may  require  that  such  place  and 
equipment  be  kept  in  a  sanitary  condition.    If  on  inspection 
it  is  found  that  such  fish  is  tainted,  diseased,  corrupted,  de- 
cayed, unwholesome  or  unfit  for  food  from  any  cause,  the 
director,  fish  inspector  or  coastal  warden  shall  seize  and  the 


756 


Acts,  1941.  —  Chap.  598. 


Penalty  for 
sale  of  tainted, 
etc.,  fish. 


Food  fish 
to  be  sold  by 
weight. 

Exceptions. 

Penalty. 


Sale,  etc., 
of  scallops 
regulated. 

Penalty. 


director  cause  the  same  to  be  destroyed  forthwith  or  dis- 
posed of  otherwise  than  for  food.  All  money  received  for 
fish  disposed  of  as  aforesaid,  after  deducting  the  expense  of 
said  seizure  and  disposal,  shall  be  paid  to  the  owner  of  such 
fish.  The  director  shall  from  time  to  time  make  rules  and 
regulations  necessary  for  the  enforcement  of  sections  eighty- 
four  to  ninety-three,  inclusive. 

Section  90.  Whoever,  himself  or  by  his  agent,  sells,  or 
offers  or  exposes  for  sale,  or  keeps  with  intent  to  sell  or  offer 
or  expose  for  sale,  for  food  purposes  fish  which  is  tainted,  dis- 
eased, corrupted,  decayed,  unwholesome  or  unfit  for  food 
from  any  cause,  or  whoever  violates  any  provisions  of  sec- 
tions eighty-four  to  eighty-eight,  inclusive,  or  whoever  vio- 
lates any  regulation  made  under  section  eighty-nine,  or 
prevents,  obstructs  or  interferes  with  the  director,  a  fish  in- 
spector or  a  coastal  warden  in  the  performance  of  his  duties 
under  any  provision  of  said  sections,  or  hinders,  obstructs  or 
interferes  with  any  inspection  or  examination  by  him,  or 
secretes  or  removes  any  fish  for  the  purpose  of  preventing 
the  inspection  or  examination  of  the  same  under  section 
eighty-nine  shall  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars  or  by  imprisonment  for  not  more  than 
six  months,  or  both. 

Section  91.  All  food  fish  except  soft-shell  clams  and 
oysters  sold  at  wholesale  shall  be  sold  by  weight  and  shucked 
scallops  or  quahaugs  in  the  shell  shall  not  be  sold  at  any 
time  except  by  weight.  Whoever  violates  this  section  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars. 

Section  92.  No  person  shall  sell,  exchange,  transport  or 
deliver,  or  offer  or  expose  for  sale,  exchange  or  deliver,  or 
have  in  his  custody  or  possession  with  intent  to  sell,  ex- 
change, transport  or  deliver,  any  scallops  which  have  been 
soaked,  or  any  scallops  not  in  the  shell  unless  such  scallops 
are  in  a  box,  carton,  tray  or  other  container  plainly  and  con- 
spicuously stamped,  labelled  or  marked  with  (a)  the  word 
"Massachusetts",  followed  by  the  name  of  the  town  or  of 
the  locality  where  taken,  if  taken  from  waters  or  flats  within 
the  commonwealth;  or  (6)  the  name  of  the  state,  country  or 
province  where  taken,  if  taken  from  waters  or  flats  outside 
the  commonwealth;  or  (c)  the  words  "Sea  Scallops",  if  of 
the  species  commonly  so  known. 

Whoever  fails  to  comply  with  any  provision  of  this  sec- 
tion, or  whoever  falsely  stamps,  labels  or  marks  such  a  box, 
carton,  tray  or  other  container,  or  whoever  falsely  adver- 
tises any  of  the  shellfish  herein  referred  to,  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars  or 
imprisonment  for  thirty  daj^s  or  both. 

This  section  shall  not  apply  to  common  carriers  having 
scallops  in  possession  for  the  purpose  of  transportation. 


Acts,  1941.  — Chap.  598.  757 

Herring,  Alewives,  etc. 

Section  93.     A   town   may  open   ditches,   sluiceways   or  Towns  may 
canals  into  any  pond  within  its  limits  not  then  in  private  IfshTriXetc.. 
possession  for  the  introduction  and  propagation  in  such  pond  ["oifof  hiring. 
or  in  any  part  thereof  of  herring,  alewives  or  other  swim-  etc. 
ming  marine  food  fish,  and  for  the  creation  of  fisheries  for 
the  same;   and  may  take  by  eminent  domain  under  chapter 
seventy-nine  such  land,  waters  and  easements  within  its 
limits  as  may  be  necessary  for  such  ditches,  sluiceways  and 
canals  and  for  the  construction  and  proper  operation  and  use 
of  such  fishery  and  approaches  thereto.     A  town  creating 
such  fishery  shall  own  it,  may  make  regulations  concerning 
it,  and  may  lease  it  for  terms  of  not  more  than  five  years, 
on  conditions  mutually  agreed  upon. 

Section  94.-   The  board  of  aldermen  or  the  city  council  of  ^^'nl^^y 
any  city  wherein  there  is  a  public  fishery  for  alewives,  or  petition  for 
the  selectmen  of  a  town,  wherein  there  is  such  a  fishery,  ['roi'fisherirs' 
if  so  authorized  by  their  town,  may  petition  the  director  for  fo""  alewives. 
the  right  to  control  and  regulate  such  fishery  within  their 
city  or  town  and  the  director  shall  forthwith,  after  due 
notice  and  after  a  hearing  held  in  such  city  or  town,  deter- 
mine whether  such  control  would  be  proper  and  reasonable 
and  if  the  public  interests  therein  would  be  best  served 
thereby,  and  may  thereupon  deny  the,  petition  or  grant  it 
under  such  terms,  subject  to  such  regulations  or  restrictions 
not  contrary  to  law  as  he  may  deem  expedient. 

Whenever  such  petition  shall  be  granted  said  aldermen, 
city  council  or  selectmen,  as  the  case  may  be,  may  regulate 
and  control  such  fishery  and  may  lease  it  for  terms  of  not 
more  than  five  years  on  conditions  mutually  agreed  upon, 
notwithstanding  the  provisions  of  special  laws  relating  to 
such  fishery  in  that  particular  locality  but  not  contrary  to 
terms,  regulations  or  restrictions  contained  in  the  order  of 
the  director  in  granting  such  petition;  provided,  that  any 
other  city  or  town  which  deems  that  its  fisheries  are  ad- 
versely affected  by  such  an  order  may  so  petition  the  di- 
rector, who  shall  thereupon  stay  the  operation  of  his  original 
order  until  he  has  considered  the  petition  and  shall  thereafter, 
in  a  writing  stating  his  reasons  therefor,  confirm,  alter, 
amend  or  rescind  such  original  order. 

Section  95.     Whoever  takes,   kills   or  hauls  onshore   or  Penalty  for 
disturbs,  injures,  hinders  or  obstructs  the  passage  of  any  etifrn  fithMy. 
herring,  alewives  or  other  swimming  marine  food  fish  in  a  Limitation 
fishery  created  by  a  city  or  town,  without  its  permission  or  of  action, 
that  of  its  lessees,  or  in  a  fishery  legally  created  by  a  corpo- 
ration, without  the  permission  of  such  corporation,  or  in  a 
public  fishery  regulated  and  controlled  by  a  city  or  town, 
contrary  lo  its  regulations,  shall  be  punished  by  a  fine  of  not 
less  than  five  nor  more  than  fifty  dollars.     Prosecutions 
under  this  section  shall  be  commenced  within  thirty  days 
after  the  commission  of  the  offence. 


758 


Acts,  1941.  — Chap.  598. 


Operation  of 
chapter  limited. 

Leases  of 
fisheries  to 
be  by  public 
auction. 


Close  season 
on  alewives. 

Penalty. 


Penalty  for 
taking  short 
herring,  etc., 
in  certain 
waters. 


Section  96.  Sections  ninety-three,  ninety-four  and  ninety- 
five  shall  not  impair  the  private  rights  of  any  person  under 
any  law  passed  before  April  twenty-fifth,  eighteen  hundred 
and  sixty-six,  or  under  any  contract  existing  on  said  date,  or 
authorize  a  town  to  enter  upon  or  build  canals  or  sluiceways 
into  a  pond  which  is  private  property.  Whenever  in  section 
ninety-three  or  section  ninety-four,  authority  is  granted  to 
lease  alewife  fisheries,  such  leasing  shall  be  made  at  public 
auction,  held  in  such  city  or  town,  each  of  such  fisheries 
shall  be  leased  separately,  and  no  such  lease  shall  be  made 
except  during  the  month  of  February  or  March,  nor  shall 
any  such  lease  authorize  the  operation  of  any  fishery  there- 
under subsequent  to  June  fifteenth  in  any  year.  Notices  of 
any  auction  hereunder  shall  be  published  and  posted  as  pro- 
vided b}^  law  for  notices  of  town  meetings,  but  not  less  than 
two  weeks  prior  to  the  holding  of  such  auction  and  every 
such  lease  shall  terminate  on  June  fifteenth.  ' 

Section  97.  Whoever  on  Sunday,  Tuesda}^  or  Thursday 
takes  alewives  in  any  other  manner  than  by  angling,  and 
whoever  between  June  fifteenth  and  the  following  March 
first  takes  alewives  in  any  manner  shall,  in  addition  to  the 
penalty  provided  in  section  ninety-five  forfeit  for  each  ale- 
wife  so  taken  twenty-five  cents;  but  the  director  upon  peti- 
tion of  the  board  of  selectmen  of  a  town,  or  the  aldermen  or 
city  council  of  a  city,  which  owns  a  private  fishery  or  operates 
a  public  fishery  for  alewives  and  after  due  notice  and  hear- 
ing thereon  may  authorize  or  prohibit  the  taking  of  alewives 
in  such  city  or  town  on  any  day  of  the  week  if  in  his  judg- 
ment the  interests  of  the  public  will  be  best  served  thereby 
and  that  such  authorization  or  prohibition  would  not  impair 
said  fishery. 

Section  97 A.  Whoever  takes  any  herring  or  alewives  less 
than  four  inches  in  length  from  the  waters  of  Plj^mouth  har- 
bor, Kingston  bay,  Duxbury  bay  or  from  that  part  of  the 
waters  of  Plymouth  bay  lying  westerly  of  an  imaginary  line 
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. 


Cities  and 
towns  may 
designate 
shellfish 
constables. 


Taking,  etc., 
of  fish  by 
vessel  owned 
without  the 
commonwealth 
prohibited. 


Penalty. 


Miscellaneous  Provisions. 

Section  98.  The  mayor  of  a  city  or  the  selectmen  of  a 
town  may  designate  as  shellfish  constables  one  or  more 
constables  in  his  or  their  city  or  town,  however  elected  or 
appointed,  for  the  detection  and  prosecution  of  violations  of 
the  law^s  of  the  commonwealth,  or  local  ordinances,  rules  or 
regulations,  relative  to  shellfish  or  shellfisheries. 

Section  99.  Whoever,  other  than  a  common  carrier,  carries 
out  of  the  commonwealth  in  any  vessel  or  smack  owned  with- 
out the  commonwealth  any  fish,  except  oysters,  taken  within 
the  coastal  waters,  and  whoever  in  any  such  vessel  or  smack 
takes  any  fish  within  the  coastal  waters  for  the  purpose  of 
carrying  them  out  of  the  commonwealth,  shall  be  punished 


Acts,  1941.  — Chap.  598.  759 

by  a  fine  of  fifty  dollars,  and  all  fish  so  taken  or  carried  shall 
be  forfeited  to  the  commonwealth  and  disposed  of  by  the 
director  for  the  best  interests  of  the  commonwealth. 

Section  100.     No  person  shall  catch  or  take  from  the  Minimum 
coastal  waters  any  of  the  following  fish  less  than  the  length  gjjftaken. 
hereinafter  prescribed,  as  measured  from  the  tip  of  the  head  Penalty. 
to  the  inner  fork  of  the  tail,  or  sell,  offer  for  sale  or  have 
in  possession  any  such  fish  less  than  such  length;    pollock, 
twelve  inches;    mackerel,  six  inches;    striped  bass,  sixteen 
inches;    squiteague,  twelve  inches;    shad,  fourteen  inches; 
Atlantic  salmon,  twelve  inches;    provided,  that  any  person 
fishing  in  a  lawful  manner  who  unavoidably  catches  such 
fish  less  than  such  length  shall  not  be  deemed  to  have  vio- 
lated this  section  if  such  fish  are  returned  immediately,  alive, 
to  the  waters  from  which  taken.    Whoever  violates  any  pro- 
vision of  this  section  shall  be  punished  by  a  fine  of  not  less 
than  five  nor  more  than  twenty  dollars  and  imprisonment 
for  thirty  days,  or  both. 

Section  101.  A  bounty  of  five  dollars  shall  be  paid  to  Bounty  on 
every  person  killing  a  seal  in  the  commonwealth;  provided,  ®'^'''^- 
that  within  ten  days  after  such  killing  he  exhibits  to  any  Certificate. 
city  or  town  treasurer  the  whole  skin  of  the  seal,  with  the  Penalty, 
nose  in  the  same  condition  as  at  the  time  of  the  killing,  and 
signs  and  makes  oath  to  a  certificate  stating  the  date  and 
place  of  killing,  that  he  killed  the  seal  and  that  it  was  killed 
in  this  commonwealth.  The  treasurer  shall  thereupon  cause 
the  nose  of  the  seal  to  be  cut  off  and  burned,  wholly  destroy- 
ing it,  and  shall  pay  the  said  bounty,  taking  the  claimant's 
receipt  therefor,  and  shall  then  forward  to  the  state  treas- 
urer the  said  certificate  with  a  statement  that  he  has  paid 
the  said  bounty  in  accordance  herewith,  and  that  the  claim- 
ant personally  appeared  before  him  and  made  oath  as  afore- 
said. The  state  treasurer  shall  then  pay  to  the  city  or  town 
treasurer  the  sum  of  five  dollars  and  fifty  cents,  of  which 
sum  fifty  cents  shall  be  retained  by  the  city  or  town  treasurer 
as  a  fee  for  his  services  hereunder.  Whoever  obtains  the 
bounty  herein  provided  for  by  a  false  representation,  or 
whoever,  for  the  purpose  of  obtaining  the  said  bounty, 
brings  into  the  commonwealth  a  seal,  whether  alive  or  dead, 
which  was  not  taken  or  killed  in  this  commonwealth  or  in 
the  waters  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  five  hundred  dollars. 

Section  102.  Any  person  may  take  and  carry  away  kelp  Keip,  etc., 
or  other  seaweed  between  high  and  low  water  mark  while  be "Ikra^^ 
it  is  actuallj^  adrift  in  tidewater;  but  for  such  purpose  no 
person  shall  enter  on  upland  or  on  lawfully  enclosed  flats 
without  the  consent  of  the  owner  or  lawful  occupant  thereof. 
This  section  shall  not  apply  to  any  city  or  town  where  the 
subject  matter  thereof  is  regulated  by  special  law. 

Section  103.    Whoever  catches  or  takes  from,  the  coastal  starfish.^etc. 
waters  any  starfish,  or  winkles  and  their  egg  strings,  or  to  be  de- 
cockles  shall  deposit  the  same  at  some  place  above  high  Mgh  watw°^^ 
water  mark  or  at  some  suitable  place  designated  by  the  Penalty. 


760 


Acts,  1941.  — Chap.  598. 


Special  laws 
not  repealed. 


G.  L.  (Ter. 
Ed.),  94, 
§§  74,  74 A, 
77.  78,  78A, 
80-83,  inc., 
and  88A, 
repealed. 


G.  L.  (Ter. 
Ed.).  128, 
5  2.  (ff),  etc.. 
repealed. 

G.  L.  (Ter. 
Ed.),  128,  §  6, 
etc..  amended. 


Lectures  and 
publications. 


G.  L.  (Ter. 
Ed.),  40,  §  12A, 
etc  .  repealed. 

G.  L.  (Ter. 
Ed.),  21, 
§§  8B  and  80, 
etc.,  stricken 
out.  and  new 
§§  8B,  80  and 
8D.  inserted. 

Appointment 
of  experts  and 
assistants. 


selectmen  of  the  town  wherein  such  disposition  is  made. 
Whoever  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  five  dollars  and,  in  addition  thereto, 
all  permits  or  licenses  issued  to  such  person  under  authority 
of  this  chapter  shall  be  void  and  no  new  permit  or  license 
shall  be  issued  to  him  under  such  authority  within  the  six 
months  next  following  the  date  of  his  conviction,  except 
upon  approval  of  the  director. 

Section  I04.  This  chapter  shall  not  be  deemed  to  affect 
any  provisions  or  penalties  contained,  or  any  privileges 
granted,  in  any  special  statute  relating  to  fisheries  in  any 
particular  place,  except  such  provisions  thereof  as  relate  to 
shellfish  and  shellfisheries  and  to  the  alewife  fisheries. 

Section  2.  Sections  seventy-four,  seventy-four  A, 
seventy-seven,  seventy-eight,  seventy-eight  A,  eighty  to 
eighty-three,  inclusive,  and  section  eighty-eight  A  of  chap- 
ter ninety-four  of  the  General  Laws,  as  amended,  are  hereby 
repealed ;  but  such  repeal  shall  not  affect  any  cause  of  action 
accrued,  or  any  action,  suit,  prosecution  or  other  civil  or 
criminal  proceeding  pending,  by  virtue  or  under  authority 
of  any  provision  of  any  of  such  sections,  on  the  effective 
date  of  this  act. 

Section  3.  Paragraph  (g)  of  section  two  of  chapter  one 
hundred  and  twenty-eight  of  the  General  Laws,  as  amended, 
is  hereby  repealed. 

Section  4.  Section  six  of  chapter  one  hundred  and 
twenty-eight  of  the  General  Laws,  as  amended  by  section 
two  of  chapter  two  hundred  and  ninety-one  of  the  acts  of 
nineteen  hundred  and  thirty-three,  is  hereby  further  amended 
by  striking  out  at  the  end  thereof  the  words  "and  commercial 
fisheries  ",  —  so  as  to  read  as  follows :  —  Section  6.  The  com- 
missioner may  arrange  for  lectures  before  the  department,  and 
may  issue  for  general  distribution,  such  publications  as  he 
considers  best  adapted  to  promote  the  interests  of  agriculture. 

Section  5.  Section  twelve  A  of  chapter  forty  of  the  Gen- 
eral Laws,  as  amended,  is  hereby  repealed. 

Section  6.  Chapter  twenty-one  of  the  General  Laws  is 
hereby  amended  by  striking  out  sections  eight  B  and  eight  C,  as 
inserted  by  section  eight  of  chapter  four  hundred  and  ninety- 
one  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  three  new  sections:  — 
Section  8B.  The  director  may,  subject  to  the  approval  of  the 
commissioner,  appoint  and  remove  such  experts,  coastal 
wardens,  fish  inspectors,  clerical  and  other  assistants  as 
the  work  of  the  division  may  require,  and  their  compensa- 
tion shall  be  paid  by  the  commonwealth.  On  written  appli- 
cation of  the  city  council  of  a  city  or  the  selectmen  of  a  town 
he  may,  subject  to  like  approval,  appoint  in  such  city  or  town, 
from  a  list  of  names  to  be  submitted  to  him  by  such  city 
council  or  selectmen,  a  coastal  warden  who  shall  act  under 
his  authority  and  instructions  and  have  the  same  powers  and 
duties  in  his  city  or  town  as  a  coastal  warden  appointed  as 
above  provided.     The  annual  compensation  of  every  such 


Acts,  1941.  — Chap.  599.  761 

coastal  warden,  not  exceeding  two  hundred  dollars,  shall  be 
determined  and  paid  by  the  city  or  town  in  which  he  is  ap- 
pointed. He  may  also,  subject  to  Uke  approval,  appoint  dep- 
uty coastal  wardens  who  shall  serve  without  compensation. 

Section  8C.  There  shall  be  in  the  division  a  bureau  of  law  Bureau  of 
enforcement,  under  the  charge  of  a  chief  coastal  warden.  All  m^nt"^"'^''^ 
coastal  wardens,  deputy  coastal  wardens  and  fish  inspectors 
appointed  under  section  eight  B  shall  be  assigned  to  duty  in 
said  bureau.  The  director  shall,  subject  to  the  provisions  of 
section  three,  enforce  chapter  one  hundred  and  thirty  and 
all  other  provisions  of  law  relative  to  marine  fish  and  fisheries 
and  in  the  enforcement  of  such  laws  may  act  through  said 
bureau.  The  director,  subject  to  the  provisions  of  section 
three,  shall  have  general  supervision  of  all  such  inspectors 
and  wardens. 

Section  8D.  There  shall  be  in  the  division  a  bureau  of  Bureau  of 
bio-statistics,  under  the  charge  of  a  biologist,  to  which  bureau  ^°'^  ^  ^  **^" 
shall  be  assigned  the  collection  and  tabulation  of  such  data 
and  statistics,  and  the  conducting  of  such  biological  research, 
as  is  provided  in  this  section,  and  such  other  duties  as  may 
be  delegated  to  it  by  the  director.  The  director  shall  collect 
data  and  statistics  relative  to  marine  fish  and  fisheries,  shall 
conduct  biological  investigations  thereon  and  shall  compile 
and  distribute  such  information  obtained  thereunder  as  will, 
in  his  opinion,  be  useful  to  the  marine  fisheries  industry  and 
conserve  the  supply  of  fish  in  the  coastal  waters  of  the  com- 
monwealth, and  in  carrying  out  the  provisions  hereof  may 
act  through  said  bureau. 

Section  7.    Chapter  one  hundred  and  twenty-nine  A  of  g^l.  (Ter. 
the  General  Laws,  as  inserted  by  section  one  of  chapter  three  etc!,  'repealed 
hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred  and  '°  ^^''*' 
thirty-three,  is  hereby  repealed  in  so  far  as  said  chapter 
relates  to  marine  fish  and  fisheries. 

Section  8.     The  employees   of  the   division  of  marine  civu  ser%rice 
fisheries  in  the  department  of  conservation  serving  therein  fmpToyfes 
immediately  prior  to  the  effective  date  of  this  act  as  chief  unimpaired. 
coastal  warden,  coastal  wardens  or  fish  inspectors  and  who 
are  subject  to  the  civil  service  laws  shall  continue  to  serve  in 
said  division  without  impairment  of  their  civil  service  status. 
Such  employees  shall  retain  any  step  increases  from  the  mini- 
mum pay  of  their  grade  earned  during  their  service  with 
said  division,  and  for  retirement  purposes  their  service  with 
said  division  shall  be  deemed  to  be  creditable  service. 

Section  9.     This  act  shall  take  effect  January  first,  nine-  Effective 
teen  hundred  and  forty-two.  Approved  August  2,  1941.      ^^^^' 

An  Act  relative  to  the  revision  and  codification  of  Chap. 699 
the  laws  relating  to  inland   fisheries,   birds  and 

MAMMALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  twenty-nine  A  of  Ed^iJlI' 
the  General  Laws,  as  amended,  is  hereby  repealed.  etc.. 'repealed. 


762 


Acts,  1941.  — Chap.  599. 


G.  L.  (Ter. 
Ed.),  131, 
stricken  out 
and  new- 
chapter  131, 
inserted. 


Definitions. 

Construction 
of  chapter,  etc 


Section  2.  The  General  Laws  are  hereby  further 
amended  by  striking  out  chapter  one  hundred  and  thirty- 
one,  as  amended,  and  inserting  in  place  thereof  the  following 
new  chapter :  — 

Chapter  131. 

Powers  and  Duties  of  the  Division  of  Fisheries  and 

Game. 

Section  1.  In  this  chapter,  unless  the  context  otherwise 
requires,  the  following  words  shall  have  the  following  mean- 
ings and  the  following  rules  of  construction  shall  apply :  — 

"Alien",  any  person  not  a  citizen  of  the  United  States. 

"Angling",  fishing  with  hand  line  or  rod,  with  naturally 
or  artificially  baited  hook. 

"Birds",  wild  or  undomesticated  birds,  protected  by  law 
within  the  commonwealth. 

"Close  season",  the  time  during  which  fish,  birds  or  mam- 
mals cannot  lawfully  be  taken. 

"Commissioner",  the  commissioner  of  conservation. 

"Conservation  officer",  any  conservation  officer  appointed 
under  section  seven  of  chapter  twenty-one. 

"Dealer",  any  person  who  commercially  handles  fish, 
game  birds  or  game  mammals  protected  by  this  chapter. 

"Department",  the  department  of  conservation. 

"Deputy",  any  deputy  conservation  officer  appointed 
under  section  seven  of  chapter  twenty-one. 

"Director",  the  director  of  the  division  of  fisheries  and 
game. 

"Division",  the  division  of  fisheries  and  game. 

"Fish",  an  aquatic  vertibrate  animal  of  the  pisces  class 
commonly  known  as  finny  fish,  found  in  the  inland  waters. 

The  verb  "to  fish",  in  all  of  its  moods  and  tenses,  to  take 
or"  to  attempt  to  take  fish  by  any  method  or  means,  whether 
or  not  such  method  or  means  results  in  their  capture;  and 
said  verb  also  includes  every  attempt  to  take  and  every  act 
of  assistance  to  any  other  person  in  taking  or  attempting  to 
take  fish,  except  operating  a  boat  or  assisting  a  person  li- 
censed under  this  chapter  by  cutting  holes  in  the  ice  for  ice 
fishing. 

"Fly",  a  single  hook  dressed  with  feathers,  hair,  thread, 
tinsel  or  any  similar  material  to  which  no  additional  hook, 
spinner,  spoon  or  similar  device  is  added. 

"Fur  buyer",  a  person  who  deals  in  raw  furs. 

"Game",  any  wild  bird  or  mammal  commonly  hunted 
for  food  or  sport. 

"Great  pond",  a  natural  pond  the  area  of  which  is  twenty 
acres  or  more. 

"Hook",  any  lure  or  device  capable  of  taking  not  more 
than  one  fish  at  a  time. 

"Horned  pout",  to  include  all  fish  in  the  family  Siluridae. 

The  verb  "to  hunt",  in  all  of  its  moods  and  tenses,  in- 
cludes pursuing,  shooting,  killing  and  capturing  mammals 
and  birds,  and  all  lesser  acts  such  as  disturbing,  harrying  or 


Acts,  1941.  — Chap.  599.  763 

worrying,  or  placing,  setting,  drawing  or  using  any  device 
commonly  used  to  take  mammals  and  birds,  whether  or  not 
such  acts  result  in  taking;  and  includes  every  attempt  to 
take  and  every  act  of  assistance  to  any  other  person  in 
taking  or  attempting  to  take  mammals  and  birds. 

"Inland  waters",  shall  include  all  waters  within  the  com- 
monwealth above  the  rise  and  fall  of  the  tide,  all  fresh 
waters  above  any  fish  way  or  dam,  and  all  waters  above  any 
tidal  bound  legally  established  by  the  department  of  public 
works  in  streams  flowing  into  the  sea. 

"Mammals",  wild  or  undomesticated  mammals,  protected 
by  law  within  the  commonwealth. 

"Marine  fisheries",  all  fisheries  in  coastal  waters. 

"Open  season",  the  time  during  which  fish,  birds  and 
mammals  may  lawfully  be  taken. 

"Propagator",  a  person  who  propagates  fish,  birds  or 
mammals. 

"Taxidermist",  a  person  who  prepares,  stuffs,  mounts  or 
preserves  fish,  birds  or  mammals  in  any  form. 

"Warden",  any  fish  and  game  warden  referred  to  in  sec- 
tion three  of  chapter  four  hundred  and  thirteen  of  the  acts 
of  nineteen  hundred  and  thirty-seven. 

Whoever  knowingly  counsels,  aids  or  assists  in  a  violation 
of  any  provision  of  this  chapter,  or  of  any  rule  or  regulation 
made  thereunder,  or  knowingly  shares  in  any  of  the  proceeds 
of  said  violation  by  receiving  or  possessing  either  fish,  birds 
or  mammals,  shall  be  deemed  to  have  incurred  the  penalties 
imposed  thereby  upon  the  person  guilty  of  such  violations. 

Whenever  the  taking  of  fish,  birds  or  mammals  is  allowed 
by  law,  reference  is  had  to  taking  by  lawful  means  and  in 
lawful  manner. 

Unless  the  context  otherwise  requires,  any  reference  to 
the  taking  or  having  in  possession  of  a  fish,  bird  or  mammal 
shall  include  the  taking  or  having  in  possession  of  any  part 
or  portion  thereof. 

The  provisions  of  this  chapter  and  regulations  made 
thereunder,  unless  otherwise  specifically  provided,  shall 
apply  only  to  fish  and  fisheries  in  or  taken  from  the  inland 
waters  of  the  commonwealth. 

In  construing  this  chapter,  the  provisions  thereof  for- 
bidding possession  of  various  species  of  fish,  birds  and  mam- 
mals during  certain  periods  of  the  year  shall  not  be  held  to 
prohibit  a  resident  of  the  commonwealth  who  has  lawfully 
taken,  killed  or  come  into  possession  of  such  fish,  birds  or 
mammals  from  having  the  dead  bodies  or  carcasses  thereof 
in  possession  for  his  own  personal  use  and  not  for  sale,  un- 
less prohibited  by  federal  legislation  or  regulation  so  to  do, 
but  the  burden  shall  be  on  him  to  prove  that  such  posses- 
sion was  lawful  in  its  origin;  nor  shall  they  be  held  to  pro- 
hibit a  person  from  bringing  into  this  commonwealth,  for  his 
own  personal  use  and  not  for  sale,  the  dead  -bodies  or  car- 
casses of  fish,  birds  or  mammals  which  were  lawfully  taken 
or  killed  in  another  state,  province  or  country,  or   from 


764 


Acts,  1941.  — Chap.  599. 


Suspension  of 
license  after 
hearing,  etc. 


Disposition 
of  certain 
fines,  etc. 


Authority  to 
enter  upon 
private  lands. 


Licensing  of 
hunters, 
trappers  and 
fishermen, 
regulated. 


having  such  fish,  birds  or  mammals  in  possession  for  the 
aforesaid  purpose  after  the  arrival  thereof  in  this  common- 
wealth, in  either  event  unless  prohibited  by  federal  legisla- 
tion or  regulation  so  to  do,  if  before  any  such  fish,  birds  or 
mammals  are  so  imported  they  are  tagged  or  marked  in 
accordance  with  the  laws  of  such  other  state,  province  or 
country  and  with  the  federal  laws  relative  to  interstate  com- 
merce, and  if  no  more  such  fish,  birds  or  mammals  are  im- 
ported at  one  time  than  is  permitted  by  the  laws  of  such  other 
state,  province  or  country  to  be  exported  therefrom;  but 
the  burden  shall  be  on  such  person  to  prove  that  such  pos- 
session was  lawful  in  its  origin. 

Section  2.  Licenses,  other  than  huntifig,  fishing  and  trap- 
ping licenses,  issued  by  the  director  under  any  provision  of 
this  chapter,  and  permits  and  certificates  of  registration  so 
issued,  may,  after  a  hearing,  due  notice  of  which  shall  have 
been  given,  be  suspended  or  revoked  for  cause  by  him,  shall 
not  be  transferable,  and  shall  be  produced  for  examination 
upon  the  demand  of  any  authorized  person. 

Section  3.  All  fines,  penalties  and  forfeitures  recovered 
in  prosecutions  under  the  laws  relative  to  birds  and  mam- 
mals, and  relative  to  fish,  all  as  defined  in  section  one,  shall 
be  equally  divided  between  the  county  where  such  prosecu- 
tion is  made  and  the  city  or  town  where  the  offence  is 
committed;  provided,  that  if  the  prosecuting  officer  is  a 
conservation  officer  or  member  of  the  state  police  receiving 
compensation  from  the  commonwealth,  such  fines,  penalties 
and  forfeitures  shall  be  paid  to  the  commonwealth. 

Section  4-  The  director,  conservation  officers,  deputies 
and  wardens  may,  in  the  performance  of  their  duties,  enter 
upon  and  pass  through  or  over  private  lands,  whether  or 
not  covered  by  water. 

Section  5.  Except  as  provided  in  section  ten,  sixty,  sixty- 
one,  sixty-four,  sixty-seven,  sixty-nine  or  seventj'^-nine,  no 
person  shall  hunt  any  bird  or  mammal,  and  no  person ,  unless 
he  is  under  fifteen  years  of  age,  shall  fish,  except  as  herein- 
after provided,  in  any  of  the  inland  waters  of  the  common- 
wealth, and  no  person  shall  use,  set,  tend  or  maintain  any 
trap,  or  take  or  attempt  to  take  any  mammal  by  means 
thereof,  without  first  having  obtained  a  sporting,  hunting,, 
fishing  or  trapping  license,  or  a  special  fox-hunting  license 
issued  under  section  nine,  as  the  case  may  be,  authorizing 
him  to  do  so,  as  provided  in  sections  six  to  nine,  inclusive; 
provided,  that  nothing  in  sections  five  to  fourteen,  inclusive, 
shall  be  construed  as  affecting  in  any  way  the  general  laws 
relating  to  trespass,  or  as  authorizing  the  hunting,  or  the 
possession,  of  birds  or  mammals,  contrary  to  law,  or  the 
taking  of  fish,  or  the  possession  thereof,  contrary  to  law, 
or  the  trapping  of  mammals,  contrary  to  law;  and  pro- 
vided, further,  that  said  sections  five  to  fourteen,  inclusive, 
shall  not  be  deemed  to  prohibit  any  legal  resident  of  the 
commonwealth  or  any  member  of  his  immediate  family, 
residing  on  land  owned  or  leased  by  him,  from  hunting  or 


Acts,  1941.  — Chap.  599.  765 

trapping  on  such  land  or  from  fishing  in  any  inland  waters 
bordered  by  such  land  if  he  is  or  they  are  actually  domiciled 
thereon,  and  if  the  land  is  used  exclusivel}^  for  agricultural 
purposes,  and  not  for  club,  shooting  or  fishing  purposes; 
and  provided,  further,  that  the  burden  of  proof  shall  rest 
upon  the  person  claiming  any  such  exception  to  show  that 
he  is  entitled  thereto.     '  / 

Section  6.  Upon  the ''application  of  any  person  entitled  hSntlJf  ^'fish- 
to  receive  a  sporting,  hunting,  fishing  or  trapping  hcense  and  ingand' 
upon  payment  of  the  fee  specified  therefor  in  this  chapter  censesrform, 
and  the  furnishing  of  an  affidavit  by  any  non-resident  desir-  contents. 
ing  to  be  classified  under  clause  (1)  of  section  eight,  the  di-  Penalty. 
rector  or  the  clerk  of  any  city  or  town  shall  issue  to  such 
person  a  sporting,  hunting,  fishing  or  trapping  license,  as  the 
case  may  be,  in  the  form  prescribed  upon  a  blank  furnished 
by  the  division.  Subject  to  existing  laws,  a  sporting  hcense 
shall  authorize  the  licensee  to  hunt  birds  and  mammals  and 
to  fish,  a  fishing  license  shall  authorize  the  licensee  to  fish 
only,  a  hunting  license  shall  authorize  the  licensee  to  hunt 
only,  and  a  trapping  license  shall  authorize  the  licensee  to 
trap  mammals  only.  Each  license  issued  hereunder  shall 
bear,  in  addition  to  any  other  data,  the  name,  place  of  resi- 
dence, citizenship,  birthplace,  signature  and  identifying 
^description  and  the  age  of  the  licensee,  a  statement  that  the 
holder  has  not  been  found  guilty  of,  or  convicted  of  or  penal- 
ized in  any  manner  for,  a  violation  of  this  chapter  or  any 
provision  thereof,  or  of  any  corresponding  provision  of  earlier 
laws,  within  one  year  of  the  date  of  the  license,  and  each 
applicant  shall  furnish  such  information  to  the  director  or  the 
city  or  town  clerk  issuing  such  license.  Each  license  shall  be 
valid  for  use  to  and  including  the  following  December  thirty- 
first,  unless  sooner  revoked.  No  person  holding  a  sporting, 
hunting,  fishing  or  trapping  license  shall  transfer  or  loan 
such  license,  and  every  holder  thereof  shall,  while  fishing, 
hunting  or  trapping,  carry  upon  his  person  his  license  author- 
izing him  so  to  do  and  shall  produce  it  for  examination  upon 
the  demand  of  axiy  conservation  officer,  deputy,  warden,  or 
other  officer  qualified  to  serve  criminal  process,  or  upon  the 
demand  of  an  owner  or  lessee  of  land  upon  which  the  licensee 
is  fishing,  hunting  or  trapping,  or  upon  the  demand  of  the 
agent  of  such  owner  or  lessee.  Whoever,  upon  such  demand, 
fails  or  refuses  to  produce  a  license  authorizing  him  so  to 
fish,  hunt  or  trap,  as  the  case  may  be,  or  whoever  for  the 
purpose  of  procuring  any  such  license  falsely  makes  any  rep- 
resentation or  statement  required  by  this  section,  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars,  or  by  imprisonment  for  not  more  than  one  month,  or 
both. 

Section  7.     No    sporting,    hunting,    fishing    or    trapping  Licenses, 
license  shall  be  granted  to  a  minor  under  the  age  of  fifteen,  ro^^nOTT^^*^ 
nor,  as  a  matter  of  right,  shall  a  sporting,  hunting  or  trap- 
ping hcense  be  granted  to  a  minor  between  the  ages  of  fifteen 
and  eighteen,  but  the  director  or  any  city  or  town  clerk  may 


766 


Acts,  1941.  — Chap.  599. 


Licenses,  to 
whom  issued. 


Fees. 


Resident 
citizen. 


Owner  of 
real  estate. 


Member  of 
club,  etc. 


Non-resident 
citizen. 


issue  a  sporting,  hunting,  fishing  or  trapping  hcense  to  any 
minor  between  the  ages  of  fifteen  and  eighteen  if  such  minor 
has  been  a  resident  of  this  commonwealth  for  at  least  six 
months  and  is  a  citizen  of  the  United  States,  or  a  fishing 
license  to  a  non-resident  minor  between  the  ages  of  fifteen 
and  eighteen  if  such  minor  is  a  citizen  of  the  United  States. 
Every  application  for  a  license  hereunder,  except  a  fishing 
license,  from  a  minor  under  the  age  of  eighteen  shall  be  in 
writing  and  shall  be  accompanied  by  the  written  consent 
thereto  of  the  parent  or  guardian,  which  shall  be  preserved 
by  the  city  or  town  clerk  or  by  the  director,  as  the  case  may 
be. 

Section  8.  Sporting,  hunting,  fishing  and  trapping  licenses 
shall  be  issued  to  the  following  classes  of  persons  upon  pay- 
ment of  fees  as  hereinafter  provided :  — 

(1)  A  citizen  of  the  United  States,  resident  in  this  com- 
monwealth for  at  least  six  consecutive  months  immediately 
prior  to  his  application  for  such  license,  or  a  non-resident 
citizen  coming  within  one  of  the  two  following  classes :  — 

Class  A.  Owner  of  real  estate  in  the  commonwealth 
assessed  for  taxation  at  not  less  than  one  thousand  dollars, 
or  person  commissioned  or  enlisted  in  the  military  or  naval 
service  of  the  United  States  and  stationed  within  the  com- 
monwealth. 

Class  B.  Member  of  any  club  or  association  incorporated 
for  the  purpose  of  hunting,  fishing  or  trapping,  or  for  any 
combination  of  such  purposes;  provided,  that  said  corpora- 
tion owns  land  in  the  commonwealth  assessed  for  taxation 
in  a  total  amount  which  is  at  least  equal  to  one  thousand 
dollars  for  each  member,  and  that  the  membership  list  of  the 
corporation  shall  be  filed  from  time  to  time  upon  request, 
and  at  least  annually,  with  the  clerks  of  the  several  cities 
and  towns  within  which  such  land,  or  any  portion  thereof, 
is  located  and  with  the  director; 

For  which  licenses  the  fees  shall  be  as  follows:  — 

For  a  sporting  license,  three  dollars  and  twenty-five  cents; 

For  a  hunting  license,  two  dollars; 

For  a  fishing  license,  two  dollars,  except  that  for  such  a 
license  issued  to  a  minor  between  the  ages  of  fifteen  and 
eighteen,  or  to  a  female  over  eighteen,  the  fee  shall  be  one 
dollar  and  twenty-five  cents ; 

For  a  trapping  license,  five  dollars  and  twenty-five  cents, 
except  that  for  such  a  license  issued  to  a  minor  between  the 
ages  of  fifteen  and  eighteen  the  fee  shall  be  two  dollars  and 
twenty-five  cents; 

No  fee  shall  be  charged  for  any  license  issued  under  this 
clause  to  a  person  over  the  age  of  seventy. 

(2)  A  citizen  of  the  United  States,  who  does  not  come 
within  the  provisions  of  clause  (1)  of  this  section,  for  which 
licenses  the  fees  shall  be  as  follows : 

For  a  sporting  license,  fifteen  dollars  and  twenty-five 
cents; 

For  a  hunting  license,  ten  dollars  and  twenty-five  cents; 


Acts,  1941.  — Chap.  599.  767 

For  a  fishing  license,  five  dollars  and  twenty-five  cents, 
except  that  for  such  a  license  issued  to  a  minor  between  the 
ages  of  fifteen  and  eighteen  the  fee  shall  be  two  dollars  and 
twenty-five  cents; 

For  a  fishing  license  covering  all  the  inland  waters  and  good 
for  three  consecutive  days  specified  on  the  license,  one  dollar 
and  fifty  cents.  Said  days  may  be  so  specified  on  the  license 
and  the  duration  of  the  license  may  be  so  limited,  notwith- 
standing any  provision  of  sections  six  and  thii-teen. 

For  a  trapping  license,  fifteen  dollars  and  twenty-five  cents. 

No  person  shall  be  granted  a  sporting,  hunting  or  trapping  written 
license  unless  he  files  with  the  city  or  town  clerk  or  the  di-  Je^u^ed'^^*"' 
rector,  as  the  case  may  be,  a  written  report  upon  blanks  fur- 
nished by  the  director  stating  the  number  of  birds  or  mam- 
mals, if  any,  taken  by  him  within  the  commonwealth  during 
the  preceding  year.  The  city  or  town  clerk  shall  on  the  first 
Monday  of  each  month  forward  such  reports  to  the  director. 
Nothing  herein  shall  be  deemed  to  prohibit  the  director,  upon 
written  order  to  city  and  town  clerks,  to  suspend  the  require- 
ment of  any  such  written  report,  and  section  thirty-seven 
of  chapter  thirty  shall  apply  to  such  order. 

Section  9.  A  non-resident  member  or  non-resident  in-  Special 
vited  guest  of  a  club  or  association  conducting  fox  hunts  ircTnse"*'"^ 
within  the  commonwealth  may  procure  a  special  fox-hunt-  Fee. 
ing  license  authorizing  him,  for  periods  not  exceeding,  in  the  penalty. 
aggregate,  six  days  within  any  year  and  during  regular  fox 
hunts  conducted  by  such  club  or  association,  to  hunt  foxes 
only.  No  such  hcense  shall  be  vahd  unless,  not  less  than 
fifteen  days  prior  to  the  holding  of  any  such  fox  hunt,  the 
club  or  association  conducting  the  same  files  with  the  director 
its  non-resident  membership  list.  The  fee  for  every  such 
license  shall  be  two  dollars.  Licenses  under  this  section  shall 
be  issued  by  the  director,  or  by  a  city  or  town  clerk  specially 
designated  therefor  by  him,  in  the  form  prescribed  upon 
blanks  furnished  by  the  division,  and  shall  bear  the  data 
requu-ed  by  section  six,  which  shall  be  furnished  to  such  di- 
rector or  clerk  by  the  applicant.  The  provisions  of  section 
six  relative  to  the  transfer  or  loan  of  a  Hcense  issued  there- 
under and  relative  to  the  carrying  on  the  person  of  such  a 
license  and  its  production  for  examination  shall  apply  in  the 
case  of  a  license  issued  under  this  section.  Whoever  for  the 
purpose  of  procuring  a  license  under  this  section  for  himself 
or  another  falsely  makes  any  representation  or  statement 
required  by  this  section  or  section  six  shall  be  punished  by 
a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  or  by 
imprisonment  for  not  more  than  one  month,  or  both.  Each 
Hcensee  under  this  section  shall,  within  ten  days  after  the 
close  of  each  hunt  in  which  he  participates,  report  in  writing 
to  the  du-ector  the  number  of  foxes  taken  or  killed  by  him  at 
such  hunt  and,  not  later  than  December  thirty-first  of  the 
year  of  issue,  shall  return  his  Hcense  to  the  director  with  an 
endorsement  thereon  stating  the  total  number  of  foxes  taken 
or  killed  by  him  under  authority  thereof  and  specifying  the 


768 


Acts,  1941.  — Chap.  599. 


Special  coni- 

plimentary 

oertificates. 


City  or  town 
clerk's  fee. 


Replacing  lost, 
etc.,  license. 

Fee. 


Record  of  li- 
censes issued. 

Penalty. 


dates  on  which  he  hunted  thereunder.  No  Ucense  hereunder 
shall  be  granted  to  a  minor. 

Section  10.  An  executive  or  administrative  public  official 
of  any  state  granting  similar  privileges  to  such  an  officer  of 
this  commonwealth  may  hunt  any  bird  or  mammal  or  may 
fish  in  any  of  the  inland  waters  of  the  commonwealth  if  he 
holds  a  special  complimentary  certificate  entitling  him  so  to 
do,  which  certificate  the  director,  with  the  approval  of  the 
governor  and  the  commissioner,  is  hereby  authorized  to 
issue,  and  the  holder  of  such  certificate  shall  have  the  same 
rights  and  privileges  and  be  subject  to  the  same  duties  and 
penalties  as  if  he  held  a  sporting  license. 

Section  11.  Any  city  or  town  clerk  issuing  any  license 
under  authority  of  any  provision  of  this  chapter  may,  except 
as  otherwise  provided  by  law,  retain  for  his  own  use  twenty- 
five  cents  from  the  fee  for  each  such  Hcense;  provided,  that 
if  no  fee  is  required  to  be  paid  for  the  issuance  of  a  license, 
or  in  case  of  the  issuance  of  a  duplicate  license,  the  clerk 
shall  make  no  charge  for  the  issuance  thereof  or  retain  no 
part  of  the  fee  therefor,  as  the  case  may  be. 

Section  12.  Whoever  loses  or  by  mistake  or  accident 
destroys  his  license  may,  upon  application  to  the  director 
or  to  the  clerk  of  the  city  or  town  issuing  the  same,  and 
upon  payment  of  a  fee  of  fifty  cents,  receive  a  duplicate 
Ucense;  provided,  that  such  application  is  accompanied  by 
an  affidavit  setting  forth  the  circumstances  of  said  loss  and 
also,  if  application  is  made  to  the  director  in  any  case  where 
he  did  not  issue  the  original  license,  by  a  statement  from  the 
person  who  issued  the  original  license  or  his  successor  in 
office,  which  statement  shall  contain  the  number  and  form 
of  the  license,  the  date  of  its  issue  and  a  personal  description 
of  the  Ucensee. 

Section  IS.  The  director  and  the  clerk  of  every  city  and 
town  shall  make  a  record,  in  books  kept  therefor,  of  all  li- 
censes issued  by  them,  respectively,  and  shall  date  each 
license  as  of  the  date  of  issue;  and,  except  as  hereinafter 
provided,  no  other  date  shall  be  placed  on  such  hcense. 
Such  books  shall  be  supphed  by  the  division,  shall  be  the 
property  of  the  commonwealth,  shall  be  open  to  public  in- 
spection during  the  usual  office  hours  of  the  clerk  or  the 
director,  as  the  case  may  be,  and  shall  be  subject  at  all 
times  to  audit  and  inspection  by  the  director,  by  the  state 
auditor  or  by  the  comptroller  or  by  their  respective  agents. 
Every  such  clerk  shall,  on  the  first  Monday  of  every  month, 
pay  to  the  division  all  moneys  received  by  him  for  licenses 
issued  during  the  month  preceding,  except  the  fees  retained 
under  section  eleven.  All  such  remittances  shall  be  by 
check,  United  States  post  office  money  order,  e.xpress  money 
order,  or  in  lawful  money  of  the  United  States.  Every  such 
clerk  shall,  within  thirty  days  next  succeeding  January  first 
in  each  year,  return  to  the  division  all  license  books  received 
during  the  year  preceding,  including  all  stubs  and  void  and 
unused  Ucenses.    Any  such  clerk  violating  any  provision  of 


Acts,  1941.  — Chap.  599.  76^ 

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. 

Nothing  herein  shall  be  construed  to  prohibit  the  sale  of 
licenses  during  the  month  of  December  in  any  year  to  be 
valid  for  use  only  on  and  after  January  first  next  succeeding. 
Any  Hcense  so  sold  shall  have  the  date  of  sale  endorsed 
thereon. 

Section  IJi-.    The  director  may: —  Duties  and 

Destroy  from  time  to  time  license  books,  stubs,  licenses  dC-ector°^ 
and  license  blanks  after  the  same  have  been  properly  audited 
by  the  state  auditor,  and  such  other  documents  as  the  direc- 
tor deems  advisable  after  the  same  have  been  noted  on  the 
official  records; 

Take,  or  in  writing  authorize  his  agents  to  take,  fish, 
birds  or  mammals  at  anj^  time  or  in  any  manner  for  pur- 
poses connected  with  propagation  or  scientific  observation 
or  for  the  control  of  any  fish,  birds  or  mammals  which  are  or 
may  be  detrimental  to  property  or  to  other  useful  wildlife; 

Investigate  questions  relating  to  fish,  birds  or  mammals 
and,  personally  or  by  assistants,  institute  and  conduct  in- 
quiries pertaining  to  such  questions  and  conduct  such  biolog- 
ical research  as  will,  in  his  opinion,  tend  to  conserve,  im- 
prove and  increase  the  supply  of  fish,  birds  and  mammals; 

For  the  purpose  of  providing  public  fishing  grounds, 
acquire  by  gift  and  in  his  discretion  acquire  by  lease  or 
purchase,  fishing  rights  and  privileges  in  any  brook  or  stream, 
or  in  any  pond  other  than  a  great  pond,  in  the  common- 
wealth, or  acquire  by  gift,  lease  or  purchase  lands  necessary 
for  such  purposes,  except  a  brook,  stream  or  pond  which  is 
the  source  of  or  a  tributary  to  a  public  water  supply,  and 
also  acquire  by  gift,  lease  or  purchase  lands  necessary  for 
such  purposes,  together  with  such  rights  of  ingress  to  and 
egress  from  such  a  brook,  stream  or  pond  as  may  be  neces- 
sary or  proper; 

Make  rules  and  regulations  relative  to  fishing  in  any 
water  acquired  under  authority  of  this  section,  such  rules 
and  regulations  being  subject  to  section  thirty-seven  of 
chapter  thirty;  provide  a  penalty,  consisting  of  a  fine  not 
to  exceed  twenty  dollars,  for  any  violation  of  any  such  rule 
or  regulation,  and  from  time  to  time  close  or  open  such 
waters,  or  any  part  thereof,  for  fishing; 

If  in  his  opinion  the  presence  in  axry  great  pond  or  in 
waters  acquired  hereunder  for  public  fishing  grounds  of  any 
species  of  fish  having  destructive  proclivities  toward  trout 
or  salmon  constitutes  a  hindrance  or  detriment  to  the  pro- 
motion and  development  of  trout  or  salmon  fishing  therein, 
by  order,  suspend,  with  respect  to  such  waters,  the  opera- 
tion of  any  or  all  provisions  of  law  establishing  close  seasons 
on  such  species  of  fish  having  such  destructive  proclivities 
and  regulating  the  number  and  length  of  fish  of  such  species 
that  may  be  lawfully  taken  or  had  in  possession.  Any  such 
suspension  shall  become  effective  upon  the  filing  of  the  order 


770  Acts,  1941.  — Chap.  599. 

of  suspension  in  the  office  of  the  director,  but  no  such  sus- 
pension shall  be  terminated  until  after  notice  of  such  ter- 
mination has  been  conspicuously  posted  on  the  shores  of 
such  waters  and  filed  with  the  clerk  of  each  city  and  town 
bordering  thereon; 

With  the  approval  of  the  riparian  owners  and  all  persons 
owning  any  right  of  fishing  in  the  waters  affected,  establish 
restricted  areas  in  any  non-navigable  brook  or  stream,  or  por- 
tion thereof,  or  in  any  pond  other  than  a  great  pond,  or 
portion  thereof,  when,  in  his  opinion,  such  brook,  stream  or 
pond,  or  portion  thereof,  is  a  suitable  area  for  the  breeding 
of  fish,  and  make  rules  and  regulations  for  the  taking  of 
fish  within  such  area; 

Screen  such  of  said  ponds,  brooks  and  streams  in  the  com- 
monwealth not  used  as  sources  of  water  supply  by  cities  and 
towns  as  he  deems  necessary  for  the  protection  of  fish  therein, 
except  that  mercantile  and  manufacturing  rights  existing 
on  April  thirtieth,  nineteen  hundred  and  twenty,  shall  not 
be  affected; 

Cause  any  great  pond,  except  in  Dukes  and  Nantucket 
counties,  to  be  stocked  or  restocked  with  such  fish  as  he 
judges  best  suited  to  the  waters  thereof,  and  in  every  such 
instance  he  may  prescribe  and  enforce  such  reasonable  regu- 
lations relative  to  fishing  in  the  pond  or  its  tributaries,  or 
both,  with  such  penalties,  not  exceeding  twenty  dollars  for 
each  offence,  as  he  deems  for  the  public  interest,  but  this 
paragraph  shall  not  apply  to  ponds  used  as  sources  of  public 
water  supply; 

Except  in  Dukes  and  Nantucket  counties,  cause  any 
natural  or  artificial  pond,  other  than  a  great  pond,  or  any 
brook  or  stream,  to  be  stocked  or  restocked  with  such  fish 
as  he  judges  best  suited  to  the  waters  thereof;  provided, 
that  in  respect  to  privately  owned  ponds  such  stocking  shall 
only  be  with  the  written  consent  of  the  owner  or  lessee 
thereof,  and  shall  not  prevent  such  owner  or  lessee  from 
drawing  down  or  making  such  use  of  said  waters  for  com- 
mercial or  other  purposes  as  appear  to  him  to  be  advisable; 
and  provided,  further,  that  such  stocking  shall  not  prohibit 
such  owner  or  lessee  from  excluding  the  public  from  such 
waters  if  and  when  this  action  appears  to  him  necessary 
for  the  proper  control  and  utilization  thereof; 

At  any  time  in  any  inland  waters  where  the  loss  of  fish 
from  any  cause  is  apparent,  salvage  such  fish  for  distribu- 
tion, and,  with  the  approval  in  each  instance  of  the  commis- 
sioner of  public  health,  from  time  to  time,  by  seine,  trap  or 
other  method,  remove  fish  from  any  reservoir  used  as  a 
source  of  public  water  supply  when  permitted  by  the  proper 
authorities  in  charge,  for  the  purpose  of  stocking  or  restock- 
ing any  inland  waters  of  the  commonwealth  wherein  any 
holder  of  a  sporting  or  fishing  license  issued  under  this  chap- 
ter is  entitled  to  fish; 

For  the  purpose  of  breeding  and  developing  trout,  estab- 
lish restricted  areas  in  the  Deerfield  river  or  the  Millers  river 


Acts,  1941.  — Chap.  599.  771 

or  their  diverted  waters  within  the  commonwealth,  and,  sub- 
ject to  approval  by  the  governor  and  council,  make  rules 
and  regulations  for  the  taking  of  fish  within  such  area. 

Section  15.     Except  as  prohibited  or  limited  by  federal  ifcensel^imay 
legislation  or  regulation,  any  person  who  holds  a  sporting,  carry  from 
hunting,  fishing,  trapping  or  special  fox-hunting  license  is-  |tc*jaw-' 
sued  to  him  as  a  non-resident  may  carry  from  the  common-  ^""y  t'*'^^"- 
wealth  such  fish,  birds  or  mammals  as  have  been  lawfully 
taken  within  the  commonwealth,  but  no  person  shall  trans- 
port or  cause  to  be  transported  into  or  out  of  the  common- 
wealth any  fish,  birds  or  mammals  protected  by  this  chapter 
which  have  been  unlawfully  taken  or  killed  therein. 

Section  16.     Unless  otherwise  specifically  provided  by  law,  Revocation  of 

T  .,  1  ,.£■       ,       •  J  J  license  for 

every  license,  permit  and  certificate  issued  under  any  pro-  violations  of 
vision  of  this  chapter  held  by  any  person  found  guilty  of,  or  ^hapter."^  °^ 
convicted  of,  or  penalized  in  any  manner  for^  a  violation  of 
any  provision  of  this  chapter,  or  of  corresponding  provisions 
of  earlier  laws,  or  of  any  rule  or  regulation  made  under  au- 
thority thereof,  shall  be  void,  and  shall  immediately  be  sur- 
rendered to  any  officer  authorized  to  enforce  this  chapter. 
No  person  shall  be  given  a  license,  permit  or  certificate  under 
authority  of  any  provision  of  this  chapter  during  the  period 
of  one  year  from  the  date  of  his  being  found  guilty  or  penal- 
ized as  aforesaid,  and  any  such  license,  permit  or  certificate 
so  issued  shall  be  void  and  shall  be  surrendered  on  demand  of 
any  officer  authorized  to  enforce  said  chapter.  No  fee  re- 
ceived for  a  license,  permit  or  certificate  made  void  under 
this  section  shall  be  refunded  to  the  holder  thereof. 

Section  17.  Whoever  violates  any  provision  of  sections  Penalty. 
five  to  sixteen,  inclusive,  or  of  this  section,  for  which  no 
specific  penalty  is  provided,  or  is  directly  or  indirectly  a 
party  to  any  such  violation,  shall  be  punished  by  a  fine  of 
not  less  than  ten  nor  more  than  fifty  dollars  or  by  imprison- 
ment for  not  more  than  one  month,  or  both. 

Section  18.  The  director,  conservation  officers,  deputies,  Enforcement 
wardens  and  members  of  the  state  police  shall  enforce  the  ° 
laws  relating  to  fish,  birds  and  mammals.  Each  conserva-  wefpons.  etc. 
tion  officer,  when  on  duty,  shall  wear  and  display  a  metallic 
badge  bearing  the  seal  of  the  commonwealth  and  the  words 
"conservation  officer"  and  each  deputy,  when  on  duty,  shall 
wear  and  display  a  metallic  badge  bearing  the  seal  of  the 
commonwealth  and  the  words  "deputy  conservation  officer" 
together  with  a  number  to  be  assigned  by  the  director.  Each 
warden,  when  on  duty,  shall  wear  and  display  a  metallic 
badge  bearing  the  seal  of  the  commonwealth  and  the  words 
"fish  and  game  warden."  The  director,  with  the  approval 
of  the  governor,  may  in  writing  authorize  any  conservation 
officer  or  deputy  to  have  in  his  possession  and  carry  a  re- 
volver, club,  bilty,  handcuffs,  twisters,  or  any  other  weapon 
or  article  required  in  the  performance  of  his  official  duty. 

Section  19.     Whoever,  not  being  a  conservation  officer,  impersonat- 
deputy  or  warden,  without  authority  possesses  or  wears  any  '"^  °®''®'"'  ***"■ 
badge  described  in  section  eighteen  or  in  any  way  imperson-  p®"*'*^^- 


772 


Acts,  1941.  — Chap.  599. 


Police  powers, 
etc.,  of  officers. 


Arrest  without 
warrant. 


Search  and 
seizure  under 
warrant. 

Forfeiture 
of  fish,  etc. 


Search 
warrants. 

Complaint, 
etc. 


Display  of 
fish,  etc., 
upon  deniantl. 

Penalty. 


ates  a  conservation  officer,  deputy  or  warden  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Sectio7i  20.  The  director,  conservation  officers,  deputies 
and  wardens  shall  have  and  exercise  throughout  the  com- 
monwealth, for  the  enforcement  of  the  laws  relating  to  fish, 
birds  and  mammals,  including  dogs,  all  the  powers  of  con- 
stables, except  the  service  of  civil  process,  and  of  police 
officers. 

Section  21.  The  director,  conservation  officers,  deputies, 
wardens,  members  of  the  state  police  and  all  other  officers 
qualified  to  serve  criminal  process  may  arrest  without  a  war- 
rant any  person  found  violating  any  provision  of  this  chapter 
or  of  any  ordinance,  rule  or  regulation  made  under  authority 
thereof,  and  may  seize  an}^  fish,  birds  or  mammals  unlawfully 
taken  or  held,  which  shall  be  forfeited  to  the  commonwealth 
and  disposed  of  by  the  director  for  the  best  interests  of  the 
commonwealth. 

Section  22.  The  director,  any  conservation  officer  or  any 
member  of  the  state  police  to  whom  a  warrant  issued  under 
section  twenty-three  is  committed  shall  search  the  place 
described  in  the  warrant  and  seize  the  fish,  birds  or  mammals 
therein  described,  and  such  fish,  birds  or  mammals,  if  un- 
lawfully ^aken  or  held,  shall  be  forfeited  to  the  common- 
wealth ;  provided,  that  this  section  and  section  twenty-three 
shall  not  apply  to  fish,  birds  or  mammals  passing  through 
the  commonwealth  under  authority  of  the  laws  of  the  United 
States.  Fish,  birds,  or  mammals  so  seized  shall  be  preserved 
whenever  in  the  opinion  of  the  director,  or  his  agent  there- 
unto duly  authorized,  proper  facilities  therefor  exist  until 
such  time  as,  in  the  opinion  of  the  director,  the  necessity  for 
further  preservation  thereof  has  ceased,  at  which  time  said 
fish,  birds  or  mammals  may  be  disposed  of  by  the  director 
for  the  best  interests  of  the  commonwealth. 

Section  23.  A  court  or  official  authorized  to  issue  war- 
rants in  criminal  cases  shall,  upon  a  sworn  complaint  that 
the  complainant  believes  that  any  fish,  birds  or  mammals 
unlawfully  taken  or  possessed  are  concealed  in  any  boat, 
vehicle,  car,  box,  locker,  crate,  package,  building  or  other 
particular  place,  other  than  a  dwelling  house,  within  its  or 
his  jurisdiction,  if  satisfied  that  there  is  reasonable  cause  for 
such  belief,  issue  a  warrant  to  search  therefor.  The  warrant 
shall  designate  and  describe  the  place  to  be  searched  and  the 
articles  for  which  search  is  to  be  made  and,  if  possible,  the 
person  by  whom  the  articles  are  believed  to  be  owned,  kept 
or  possessed,  and  shall  be  directed  to  any  officer  named  in 
section  twenty-two  commanding  him  to  search  the  place 
where  the  fish,  birds  or  mammals  for  which  he  is  required  to 
search  are  believed  to  be  concealed,  and  to  seize  such  fish, 
birds  or  mammals. 

Section  2^.  The  director,  or  any  conservation  officer, 
deputy,  warden  or  member  of  the  state  police  maj^  request 
any  person  whom  he  reasonably  believes  to  be  engaged  in 
hunting,  fishing  or  trapping,  or  to  be  unlawfully  in  posses- 


Acts,  1941.  — Chap.  599.  773 

sion  of  fish,  birds  or  mammals,  or  to  be  in  possession  of  fish, 
birds  or  mammals  unlawfully  taken,  or  in  possession  of  un- 
lawful equipment  or  ammunition,  to  forthwith  display  for 
inspection  all  fish,  birds,  mammals,  equipment  or  ammuni- 
tion then  in  his  possession,  and  ma}'  arrest  without  a  war- 
rant a  person  refusing  or  failing  to  comply  with  such  request. 

Section  25.     The   director  may  establish   and   maintain  Establishment 
properties  at  such  places  within  the  commonwealth  as  he  ior'propaga- 
may  select  for  the  purpose  of  propagating  and  rearing  fish,  *'^°"  °^  ^^^' 
birds  and  mammals. 

Nothing  in  this  chapter  shall  be  deemed  to  prohibit  the 
director  from  disposing,  through  sale  or  exchange,  of  mam- 
mals, birds,  birds'  eggs,  fish  spawn,  fish  fry,  or  other  fish, 
for  the  best  interests  of  the  commonwealth  in  connection 
with  propagation. 

Section  26.    Except  as  otherwise  provided  in  this  chapter,  f^Tersto 
no  person  shall  be  provided  by  the  director  with  fish  or  fish  be  free  for 
spawn  to  stock  waters  owned  or  leased  by  such  person  or  p"  '  "■  '^  '"^• 
under  his  control  unless  he  first  agrees  in  writing  with  the 
director  that  waters  so  stocked  shall  be  free  for  the  public  to 
lawfully  fish  therein;   and  the  public  maj^  thereafter  fish  in 
such  waters. 

Section  27.  Whoever  without  right  enters  in  or  upon  illegal  entry 
any  building  or  other  structure,  or  any  area  of  land,  flats  or  "e^t^apartte*^ 
water,  set  apart  and  used  by  or  under  authority  of  the  direc-  ^"^j^^^^^ 
tor  for  conducting  scientific  experiments  or  investigations  or 
for  propagation,  or  fishes  in  waters  so  set  apart  and  used, 
after  the  director  has  caused  printed  notices  of  such  occupa- 
tion and  use  and  the  purposes  thereof  to  be  placed  in  a  con- 
spicuous position  upon  any  such  building  or  other  structure 
or  adjacent  to  any  such  area  of  land,  flats  or  water,  and  who- 
ever injures  or  defaces  any  such  building  or  other  structure 
or  any  notice  posted  as  aforesaid,  or  injures  or  destroj's  any 
property  used  in  such  experiments  or  investigations  or  for 
such  purposes,  or  otherwise  interferes  therewith,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  dollars  or  b}-  imprisonment  for  not  more  than  six 
months. 

Section  28.    If  the  director  determines  that  the  fisheries  of  ^i^^^^lf'' 
any  inland  waters  of  the  commonwealth  are  of  sufficient  inateriai,  etc., 
value  to  warrant  the  prohibition  or  regulation  of  the  dis-  i"[and^waters 
charge  or  escape  of  sawdust,  shavings,  garbage,  ashes,  acids,  regulated. 
oil;  sewage,  dj^estuffs,  or  other  waste  material  from  any  saw-  Hearing,  etc. 
mill,  manufacturing  or  mechanical  plant,  or  dwelling  house,  Penalty, 
stable  or  other  building,  which  inaj',  directly  or  indirectly, 
materially  injure  such  fisheries,  he  shall  by  a  written  order 
sent  by  mail  to  or  served  upon  the  owner  or  tenant  thereof 
prohibit  or  regulate  the  discharge  or  escape  therefrom  of 
any  or  all  such  injurious  substances  into  such  inland  waters. 
Such  order  shall  take  effect  in  ten  days  after  its  date  and 
may  be  revoked  or  modified  by  the  director  at  any  time. 
Before  any  such  order  is  made  the  director  shall,  after  reason- 
able notice  to  all  parties  in  interest,  give  a  public  hearing  in 


purposes. 
Penalty. 


774 


Acts,  1941.  — Chap.  599. 


Poisoning, 
etc.,  of  fish. 


Penalty. 


Seizure  anil 
removal  of 
obstructions 
to  fish  ways. 


the  county  where  the  sawmill,  manufacturing  or  mechanical 
plant,  dwelling  house,  stable  or  other  building  to  be  affected 
by  the  order  is  located,  at  which  hearing  any  person  shall 
be  heard.  Upon  petition  of  any  party  aggrieved  by  such 
order,  filed  within  six  months  after  its  date,  the  superior 
court  may,  in  equity,  after  such  notice  as  it  deems  sufficient, 
hear  all  interested  parties  and  annul,  alter  or  affirm  the  order. 
If  such  petition  is  filed  by  the  party  aggrieved  within  ten 
days  after  the  date  of  said  order,  said  order  shall  not  take 
effect,  unless  such  petition  shall  be  dismissed,  until  altered 
or  affirmed  as  aforesaid.  Whoever,  in  violation  of  any  order 
of  the  director,  of  which  he  has  had  due  notice  hereunder 
and  which  has  taken  effect,  or  in  violation  of  any  order  of 
said  court  made  hereunder,  discharges  from  such  plant  or 
building  under  his  control  any  of  the  aforesaid  materials, 
the  discharge  of  which  therefrom  is  forbidden  by  such  order, 
or  suffers  or  permits  the  same  to  be  discharged  or  to  escape 
from  such  plant  or  building,  into  any  inland  waters  of  the 
commonwealth,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars. 

Section  29.  Except  in  case  of  emergency  imperiling  life 
or  property  or  of  unavoidable  accident,  whoever  from  any 
sources  other  than  those  designated  in  section  twenty-eight 
puts,  throws,  discharges  or  suffers  or  permits  to  be  discharged 
or  to  escape  into  any  inland  waters  of  the  commonwealth 
any  oil,  or  any  poisonous  or  other  substance,  whether  simple, 
mixed  or  compound,  which  may  directly  or  indirectly  mate- 
rially injure  the  fish  or  fish  spawn  therein,  or  takes  any  such 
fish  by  such  means,  or  whoever  kills  or  destroys  fish  in  such 
waters  by  the  use  of  dynamite  or  other  explosives,  or  takes 
any  such  fish  in  such  waters  by  such  means,  or  explodes  dyna- 
mite or  other  explosive  in  such  waters,  or  dumps,  throws, 
places  or  authorizes  or  orders  the  dumping,  throwing  or 
placing  tin  cans  or  rubbish  in  any  brook  or  stream,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars  or  by  imprisonment  for  not  more  than 
one  year.  This  section  shall  not  apply  to  operations  of  the 
United  States  or  of  the  commonwealth  or  of  a  political  sub- 
division thereof,  nor  to  operations  authorized  or  permitted 
thereby,  nor  to  the  use  of  explosives  for  raising  the  body  of 
a  drowned  person. 

Whoever,  contrary  to  any  provision  of  this  section  or 
section  twenty-eight,  himself,  or  by  his  agent  or  servant, 
does,  or  allows  or  suffers  to  be  done,  any  act  causing  damage 
to  the  fisheries  therein  named  shall  be  liable  in  tort,  in  twice 
the  amount  of  damage  thereby  done,  to  the  city  or  town 
wherein  such  damage  occurs,  on  account  of  any  injury  to 
the  public  fisheries  within  its  limits,  and  to  any  person 
having  fishery  rights  therein,  on  account  of  any  injury  to 
his  private  fishery  rights. 

Section  30.  The  director,  conservation  officers  and  mem- 
bers of  the  state  police  may  seize  and  remove,  summarily 


Acts,  1941.  — Chap.  599.  775 


if  need  be,  at  the  expense  of  the  person  using  and  maintain-  Examination 
ing  the  same,  all  illegal  obstructions  to  the  passage  of  anad-  of  dams,  etc. 
romous  fish  coming  into  fresh  water  to  spawn;  provided,  orcourt'°'^ 
that  the  foregoing  shall  not  authorize  the  seizure  or  removal 
of  dams,  mills  or  machinery.  The  director  may  examine  all 
dams  or  obstructions  upon  brooks,  rivers  and  streams  where 
the  law  requires  fish  ways  to  be  maintained,  or  where  in  his 
judgment  fish  ways  are  needed  for  such  fish,  and  he  shall 
determine  whether  the  fish  waj-s,  if  any,  are  suitable  and 
sufficient  for  the  passage  of  such  fish  in  such  brooks,  rivers 
and  streams  or  whether  a  fish  way  is  needed  for  the  passage 
of  such  fish  over  such  dam  or  obstruction ;  and  shall  prescribe 
by  written  order  what  changes  or  repairs,  if  any,  shall  be 
made  therein,  and  where,  how  and  when  a  new  fish  way  shall 
be  built,  and  at  what  times  the  same  shall  be  kept  open, 
and  shall  serve  a  copy  of  such  order  upon  the  owner  of,  or 
person  using  or  maintaining,  the  dam  or  obstruction.  A  cer- 
tificate of  the  director  that  service  has  been  so  made  shall 
be  sufficient  proof  thereof.  The  supreme  judicial  or  the 
superior  court  shall,  on  petition  of  the  director,  have  juris- 
diction in  equity  or  otherwise  to  enforce  any  such  order  and 
to  restrain  any  violation  thereof. 

Section  31.    Any  owner  of,  or  the  person  using  or  main-  Penalty  for 
taining,  such  a  dam  or  obstruction  who  refuses  or  neglects  ^1°^  wify ^open. 
to  keep  open  or  maintain  a  fish  way  at  the  times  prescribed 
by  the  director  shall  forfeit  fifty  dollars  for  each  day  of  such 
refusal  or  neglect. 

Section  82.  If  the  director  deems  that  a  passage  for  anad-  improvement 
romous  fish  should  be  provided,  or  if  he  finds  that  there  is  ?ion°of  sTh" 
no  fish  way  or  an  insufficient  fish  way  in  or  around  a  dam  '^'^y^-  ^^'^■ 
or  obstruction  where  a  fish  way  is  required  by  law  to  be 
maintained,  he  may  enter  with  workmen  and  materials  upon 
the  premises  of  the  person  required  to  maintain  a  fish  way 
there  and  may,  at  the  expense  of  the  commonwealth,  if  in 
his  opinion  the  person  required  by  law  to  construct  or  main- 
tain such  fish  way  is  unable  to  afford  such  expense,  other- 
wise at  the  expense  of  the  owner  of,  or  the  person  using  or 
maintaining,  such  dam,  improve  an  existing  fish  way,  or 
cause  one  to  be  constructed  if  none  exists,  and  may,  if  neces- 
sary, take  the  land  of  any  other  person  who  is  not  obliged  by 
law  to  maintain  said  fish  way;  and  if  a  fish  way  has  been  con- 
structed in  accordance  with  this  section  he  shall  not  require 
the  owner  of,  or  the  person  using  or  maintaining,  the  dam 
to  alter  such  fish  way  within  five  years  after  its  completion. 

Section  33.  All  damages  caused  by  taking  land  under  Compensa- 
section  thirty-two  shall,  upon  the  application  of  either  party,  fng^ilnd!'*''' 
be  recovered  from  the  commonwealth  under  chapter  seventy- 
nine.  The  amount  so  recovered  shall  be  a  charge  against 
the  person  required  by  law  to  construct  and  maintain  such 
fish  way  and  shall  be  recovered  in  contract  in  the  name  of 
the  commonwealth,  with  costs  and  with  interest  at  the  rate 
of  twelve  per  cent  per  annum. 


776 


Acts,  1941.  — Chap.  599. 


Great  poiida 
to  be  public 
for  fishing,  etc. 


Ponds  other 
than  great 
ponds,  etc. 


Measurement 
of  ponds  in 
certain 
instances. 


Fishing  in 
ponds  situated 
partly  in 
another  state. 


Acquisition 
of  exclusive 
fishing  rights 
by  riparian 
owners  in 
ponds  other 
than  great 
ponds. 


Section  34-  Except  as  otherwise  provided  in  this  chap- 
ter, a  great  pond  shall  be  public  for  the  purpose  of  fishing 
therein  and  hunting  or  boating  thereon  and  all  persons  shall 
be  allowed  reasonable  means  of  access  thereto  for  such 
purpose. 

Section  35.  Except  as  provided  in  sections  twenty-six 
and  thirty-nine,  the  riparian  proprietors  of  any  pond,  other 
than  a  great  pond,  and  the  proprietors  of  any  pond  or  parts 
of  a  pond  created  by  artificial  flowing,  shall  have  exclusive 
control  of  the  fisheries  therein. 

Section  36.  The  state  department  of  public  works  shall 
annually,  in  July,  upon  the  request  and  at  the  expense  of 
any  person  claiming  to  be  interested  in  a-  pond,  cause  a 
measurement  thereof  to  be  made  which  shall  be  recorded  in 
the  office  of  the  clerk  of  each  city  and  town  within  the  hmits 
of  which  any  part  of  such  pond  is  situated;  and  no  arm  or 
branch  shall  be  included  as  a  part  of  such  pond  unless  such 
arm  or  branch  is  at  least  fifty  feet  in  width  and  one  foot  in 
depth. 

Section  37.  If,  in  the  case  of  a  pond  situated  partly  in  this 
commonwealth  and  partly  in  another  state,  the  laws  of  such 
other  state  permit  fishing  in  that  part  thereof  lying  within 
such  other  state  by  persons  hcensed  or  otherwise  entitled 
under  the  laws  of  this  commonwealth  to  fish  in  that  part  of 
such  pond  lying  within  this  commonwealth,  persons  licensed 
or  otherwise  entitled  under  the  laws  of  such  other  state  to 
fish  in  the  part  of  such  pond  lying  within  such  other  state 
shall  be  permitted  to  fish  in  that  part  thereof  lying  within 
this  commonwealth,  and,  as  to  such  pond,  the  operation  of 
the  laws  of  this  commonwealth  relative  to  open  and  closed 
seasons,  limits  of  catch,  minimum  sizes  of  fish  caught  and 
methods  of  fishing  shall  be  suspended  upon  the  adoption 
and  during  the  continuance  in  force  of  rules  and  regulations 
relative  to  those  subjects  and  affecting  that  part  of  such 
pond  lying  within  this  commonwealth,  which  rules  and 
regulations  the  director  is  hereby  authorized  to  make,  and 
from  time  to  time  add  to,  alter  and  repeal.  Befoi-e  making, 
adding  to,  altering  or  repealing  such  rules  and  regulations, 
said  dire(;tor  shall  confer  with  the  officer  or  board  having 
like  duties  in  such  other  state,  in  oi'der  to  secure  uniformity 
of  law,  rules  and  regulations  as  to  the  whole  of  sach  pond, 
if  practicable.  Such  rules  and  regulations  shall  prior  to 
their  effective  date  be  printed  and  available  for  distribution 
at  the  office  of  the  director  and  of  the  clerk  of  each  city  and 
town  in  this  commonwealth  in  which  anj^  part  of  such  pond 
is  situated  or  to  which  it  lies  adjacent. 

Section  38.  A  pond  other  than  a  great  pond,  bounded  in 
part  bj^  land  belonging  to  the  commonwealth  or  to  a  county, 
city  or  town,  shall  become  the  exclusive  property  of  the  other 
proprietors  as  to  the  fisheries  therein  only  upon  payment  to 
the  state  treasurer,  or  to  the  county,  city  or  town  treasurer, 
as  the  case  may  be,  of  a  just  compensation  for  their  respec- 


Acts,  1941.  — Chap.  599.  777 

tive  rights  therein,  to  be  determined  by  three  arbitrators,  of 
whom  one  shall  be  appointed  by  the  director,  one  shall  be 
an  individual  riparian  proprietor  of  said  pond  or  an  officer 
of  a  corporation  which  is  such  proprietor,  and  one  shall  be 
the  chairman  of  the  county  commissioners  of  the  county 
where  the  pond,  or  the  largest  part  of  the  area  thereof,  is 
situated,  if  the  riparian  proprietors  include  the  common- 
wealth, or  one  or  more  counties,  or  two  or  more  cities  or 
towns,  or  one  or  more  cities  and  one  or  more  towns,  or  the 
mayor  or  chairman  of  the  board  of  selectmen,  respectively, 
if  only  one  city  or  town  is  such  part  proprietor. 

Section  39.    No  riparian  proprietor  of  a  natural  pond  other  Enclosure  of 
than  a  great  pond,  or  of  an  artificial  pond  of  any  size,  or  st°reams,°etc. 
of  a  non-navigable  stream,  shall  enclose  the  waters  thereof  Maintenance 
within  the  limits  of  his  own  premises  unless  he  furnishes  a  of  fish  ways. 
suitable  passage  for  all  anadromous  fish  naturally  frequent- 
ing such  waters  to  spawn;   nor  shall  any  riparian  proprietor 
enclose  the  waters  of  any  such  pond  or  stream  for  the  pur- 
pose of  artificial  propagation,  cultivation  and  maintenance 
of  fish,  except  shiners  as  authorized  in  section  forty-eight, 
unless  he  first  procures  a  propagator's  license  under  section 
one  hundred  and  seven  authorizing  him  so  to  do. 

No  person,  without  the  written  consent  of  the  proprietor 
or  lessee  of  a  natural  pond  which  is  not  a  great  pond,  or  of 
an  artificial  pond  of  any  size,  or  of  a  non-navigable  stream, 
where  fish  are  lawfully  propagated  or  maintained  under 
authority  of  a  license  under  this  chapter,  shall  take,  or  at- 
tempt to  take,  fish  therefrom. 

Section  J^O.     Except  as  permitted  by  law,  whoever  draws.  Use  of  fish 
sets,  stretches  or  uses  a  fish  trap,  gill  net,  drag  net,  set  net,  regSfafed." 
purse  net,  seine  or  trawl  or  sets  or  uses  more  than  two  hooks  penalty. 
for  fishing,  or  in  case  of  ice  fishing  five  hooks,  in  any  inland 
water,  or  aids  in  so  doing,  shall  be  punished  by  a  fine  of  not 
less  than  twenty  nor  more  than  fifty  dollars.     This  section 
shall  not  affect  any  rights  conferred  by  section  thirty-five 
or  the  corporate  rights  of  any  fishing  company. 

The  possession,  except  as  permitted  by  law,  by  any  person 
in  or  upon  inland  waters  or  upon  the  banks  of  the  same  of 
any  seine,  net,  trap,  trawl  or  other  device  adapted  for  fishing 
for  any  species  of  fish  shall  be  prima  facie  evidence  of  a  viola- 
tion of  this  chapter. 

Section  ^1 .     Whoever,  except  as  otherwise  permitted  by  Taking  fish 
law,  takes  or  attempts  to  take  any  fish  in  inland  waters,  in  o^h"^*han 
any  other  manner  than  by  angling,  shall  be  punished  by  a  ^3^1^^  ^^"' 
fine  of  not  less  than  twenty  nor  more  than  fifty  dollars;  but  p  ^  , 
cities  and  towns  may  permit  the  use  of  nets  and  seines  for 
taking  herring  and  alewives,  and  may  permit  the  use  of  pots 
for  the  taking  of  eels  only  in  ponds  having  direct  openings 
to  the  sea.     This  section  shall  not  prohibit  spearing  eels, 
carp  or  those  species  of  fish  commonly  known  as  "suckers"; 
nor  shall  it  apply  to  ponds  or  waters  now  or  hereafter  held 
under  lease  from  the  department. 


778 


Acts,  1941.  — Chap.  599. 


Use  of  sweep 
seines  regu- 
lated. 

Penalty. 


Department 
of  public 
works  to  define 
tidal  bounds. 

Recording 
of  same. 


Buying,  sell- 
ing, etc.,  of 
certain  fish 
regulated. 


Limit  of 
catch. 

Minimum 
length  of  fish. 

Hours  for 
fishing. 


Section  4^.  Whoever  uses  a  sweep  seine  or  combination  of 
sweep  seines  in  such  a  manner  as  at  any  moment  to  close  or 
seriously  obstruct  more  than  two  thirds  of  the  width  of  a 
brook  or  stream  at  the  place  where  used,  or  delays  or  stops 
in  paying  out  or  hauling  a  sweep  seine,  or  hauls  a  sweep  seine 
within  one  half  mile  of  a  point  where  such  seine  has  been 
hauled  within  an  hour,  shall  be  punished  by  a  fine  of  not  less 
than  twenty  nor  more  than  fifty  dollars;  provided,  that  this 
section  shall  not  apply  to  seines  lawfully  used  in  the  smelt 
fisheries,  or  to  the  fisheries  for  shad  or  ale  wives  in  the  Taun- 
ton Great  river,  or  to  the  fisheries  in  the  North  river  in 
Plymouth  county. 

Section  ^3.  Upon  the  application  of  the  commissioner  or 
of  any  party  in  interest,  the  department  of  public  works 
may  from  time  to  time,  for  the  purposes  of  this  chapter  and 
of  chapter  one  hundred  and  thirty,  arbitrarily  fix  and  define 
the  tidal  bounds  and  mouths  of  streams  and  ordinary  or  mean 
high  water  mark  and  mean  and  extreme  low  water  marks, 
and  may  alter  and  amend  the  same  and  establish  suitable 
markers  therefor,  and  thereupon  said  department  shall  file 
a  plan  showing  the  location  of  the  same  with  the  department 
and  with  the  registry  of  deeds  for  the  county  or  registry 
district,  and  with  the  clerk  of  the  city  or  town,  in  which  the 
land  lies. 

Section  If-If..  No  person  shall  buy,  sell,  offer  or  expose  for 
sale,  or  have  in  possession  for  the  purpose  of  sale,  any  trout, 
salmon,  horned  pout,  yellow  perch,  pickerel,  white  perch, 
great  northern  pike  or  muskallonge,  or  wall-eyed  pike  or 
pike  perch,  or  any  member  of  the  family  centrarchidae 
(sunfish),  taken  from  the  waters  of  this  commonwealth,  or 
any  black  bass  taken  from  waters  within  or  outside  the 
limits  of  this  commonwealth.  Nothing  in  this  section  shall 
be  construed  to  prohibit  the  sale  of  white  perch  taken  from 
the  coastal  waters  of  the  commonwealth  or  from  the  waters 
of  Dukes  or  Nantucket  counties,  or  from  waters  now  or  here- 
after held  under  lease  from  the  department,  nor  be  deemed 
to  prohibit  the  director  from  issuing  licenses  as  provided 
in  section  thirty-nine,  or  to  penalize  any  person  acting  under 
authority  of  any  license  so  issued. 

Section  ^5.  No  person,  except  as  provided  in  sections 
thirty-seven  and  one  hundred  and  seven,  shall  fish  or  have 
in  his  possession  any  fish  to  a  number  greater,  or  of  a  length 
less,  nor  at  a  period  other,  than  as  provided  in  this  section. 

Trout,  twelve  per  day,  minimum  length  six  inches,  except 
that  the  daily  bag  limit  and  minimum  legal  length  of  trout 
in  the  following  waters :  —  Deerfield  river  or  its  diverted 
waters,  Millers  river  or  its  diverted  waters,  and  in  all  great 
ponds  —  six  trout,  with  a  minimum  length  of  nine  inches ; 
open  season  from  April  fifteenth  to  July  thirty-first,  inclu- 
sive. 


Acts,- 1941.  — Chap.  599. 


779 


Minimum 

Legal  Length 

(Inches). 


Open  Season. 


Black  bass 

White  perch 

Pickerel     .... 

Pike  perch 

Salmon       .... 

Yellow  perch 

Great  northern  pike  or  muskal- 

longe       .... 
Horned  pout 


20 


July    1  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 

Apr.  15  to  Feb.  15,  inclusive 


No  person  shall  take  any  trout  or  salmon  at  any  other 
time  than  between  one  half  hour  before  sunrise  and  two 
hours  after  sunset. 

Fish  not  otherwise  specified  may  be  taken  from  April 
fifteenth  to  the  following  February  fifteenth,  both  dates 
inclusive,  as  provided  in  section  forty-eight  of  this  chapter 
and  section  seventeen  of  chapter  one  hundred  and  thirty-six. 

This  section  shall  apply  to  white  perch  in  all  the  inland 
waters  of  the  commonwealth,  other  than  in  Dukes  and  Nan- 
tucket counties. 

No  person  shall  in  any  one  calendar  day,  except  as  provided 
in  section  forty-eight,  take  or  have  in  his  possession  more 
than  twenty  fish  in  the  aggregate  of  all  kinds,  exclusive  of 
suckers,  eels  and  carp,  from  the  inland  waters  of  the  conr- 
monwealth. 

The  possession  at  any  time  of  a  greater  number  of  fish, 
or  of  fish  of  a  length  less,  than  as  provided  in  this  section, 
or  the  possession  of  fish  at  a  period  other  than  as  so  provided, 
shall  be  prima  facie  evidence  of  a  violation  of  this  section; 
provided,  that  the  taking  or  having  in  possession  of  any 
fish  of  a  length  less  than  as  provided  in  this  section,  if  taken 
by  a  person  lawfully  fishing  and  immediately  returned  alive 
to  the  water  whence  it  was  taken,  shall  not  constitute  such 
a  violation. 

Section  46-    Whoever  fishes  with  floats,  otherwise  known  Fishing  with 
as  toggle  fishing,  in  any  inland  water  of  the  commonwealth  hii^ted"^" 
shall  be  punished  by  a  fine  of  not  less  than  twenty  nor  more  Penalty 
than  fifty  dollars;  provided,  that  this  section  shall  not  pro-  -Float" 
hibit  the  use  of  traps  for  ice  fishing  in  accordance  with  law.  defined. 
For  the  purposes  of  this  section,  a  "float"  shall  mean  any 
device  floating  with  a  line  and  hook  attached,  baited  with 
natural  or  artificial  bait  and  not  under  the  direct  control 
of  the  hands  of  the  person  fishing. 

Section  47 .    Whoever,  except  as  provided  in  section  forty-  Penalty  for 
five,  puts  into  any  of  the  inland  waters  of  the  commonwealth  etc.^m  inland 
any  species  of  fish,  or  spawn  thereof,  without  having  first  lYf^""  "ithout 
obtained  a  license  under  section  one  hundred  and  seven, 
which  license  is  in  full  force  and  effect,  or  having  secured  the 
written  approval  of  the  director,  shall  be  punished  by  a 
fine  of  not  less  than  twenty  nor  more  than  fifty  doHars. 


780 


Acts,  1941.  — Chap.  599. 


Taking  shiners 
for  bait. 

Licenae,  fee. 


Forfeiture 
of  nets,  etc., 
used  illegally. 


Special  laws 
not  repealed. 


Section  4S.  Shiners  or  fish  of  a  similar  nature  and  suckers 
may  be  taken  for  bait,  but  not  for  the  purpose  of  sale,  in 
any  of  the  inland  waters  of  the  commonwealth  by  means  of 
a  single  fish  trap  with  openings  not  over  one  inch  or  by  a 
single  circular  or  hoop  net  not  exceeding  six  feet  in  diameter 
to  each  licensed  fisherman  or  by  means  of  a  rectangular  net, 
containing  not  more  than  thirty-six  square  feet  of  net  sur- 
face; and  shiners  and  suckers  may  be  taken  by  licensed 
fishermen,  for  the  purpose  of  sale  as  bait,  in  any  of  said 
waters  by  means  of  a  single  fish  trap  with  openings  not  over 
one  inch  or  by  means  of  a  single  circular  or  hoop  net  not 
exceeding  six  feet  in  diameter,  or  by  means  of  a  net  contain- 
ing not  more  than  two  hundred  square  feet  of  net  surface 
if  each  person  engaged  in  operating  such  fish  trap  or  net  is 
thereto  authorized  by  a  license  issued  by  the  director,  which 
license  the  director  is  hereby  authorized  to  issue  upon  re- 
ceipt of  a  fee  of  five  dollars;  provided,  that  any  fish  taken 
by  any  such  net  or  trap,  other  than  those  permitted  by  this 
section  to  be  taken  thereby,  are  immediately  returned  alive 
to  the  water  whence  they  were  taken.  Licenses  granted 
under  this  section  shall  expire  on  the  thirty-first  day  of 
December  in  the  year  of  issue,  if  not  sooner  revoked.  Any 
person  who  loses  or  by  mistake  or  accident  destroys  any 
license  issued  under  authority  of  this  section  may,  upon 
application  to  the  director,  accompanied  by  an  affidavit 
setting  forth  the  circumstances  of  such  loss,  receive  a 
duplicate  license  upon  the  payment  of  a  fee  of  fifty  cents. 

Section  49.  Any  net,  seine,  trawl  or  other  similar  device 
used  by  any  person  in  violation  of  any  provision  of  this 
chapter,  or  of  any  rule  or  regulation  made  under  authority 
thereof,  and  any  fish  taken  in  violation  thereof,  shall  be  for- 
feited to  the  commonwealth  and  disposed  of  by  the  director 
for  the  best  interests  of  the  commonwealth. 

Section  50.  Sections  five  to  forty-nine,  inclusive,  shall 
not  affect  any  provisions  or  penalties  contained,  or  any 
privileges  granted,  in  any  special  statute  relating  to  fish- 
eries in  any  particular  place. 


Hunting  and 
owning  fire- 
arms by  Aliens 
prohibited. 

Penalty  and 
forfeiture. 


HUNTING   AND    TRAPPING. 

Section  51.  No  alien  shall  hunt  any  bird  or  mammal  of 
any  description,  nor  shall  he  have  in  possession  any  such 
bird  or  mammal  or  own  or  have  in  his  possession  or  under 
his  control  a  firearm;  and  any  firearm  owned  by  him  or  in 
his  possession  or  under  his  control  in  violation  of  this  section 
shall  be  forfeited  to  the  commonwealth.  Violation  of  any 
provision  of  this  section  shall  be  punished  by  a  fine  of  fifty 
dollars  or  by  imprisonment  for  not  more  than  one  month, 
or  both.  If,  in  any  prosecution  for  violation  of  any  provision 
of  this  section,  the  defendant  alleges  that  he  has  been  natu- 
ralized, or  alleges  that  he  is  a  citizen  of  the  United  States, 
the  burden  of  proving  the  same  shall  be  upon  him. 


Acts,  1941.  — Chap.  599.  781 

Notice  of  the  seizure  of  any  firearm  owned  by  or  found  in 
the  possession  or  under  the  control  of  any  person  violating 
any  provision  of  this  section,  together  with  the  firearm  itself, 
shall  be  sent  to  the  director  by  the  officer  making  the  seizure 
immediately  after  the  guilt  of  such  person  shall  be  estab- 
lished by  a  final  adjudication  in  any  prosecution  brought 
against  him  for  such  violation,  and  any  firearm  so  seized 
shall  be  disposed  of  by  the  director  for  the  best  interests  of 
the  commonwealth. 

Section  52.  The  director,  conservation  officers,  deputies.  Arrest  of 
wardens,  members  of  the  state  police  and  all  other  officers  firea^ms"^**^ 
quahfied  to  serve  criminal  process  shall  arrest,  without  a  ^e^ifiyg^ng*" 
warrant,  any  person  found  with  a  firearm  in  his  possession 
if  they  have  reason  to  believe  that  he  is  an  alien.  If  the 
arrest  be  made  upon  Sunday  or  upon  a  legal  holiday,  the 
person  so  arrested  may  be  committed  for  safe-keeping  to  a 
jail  or  lockup  for  that  day;  but  he  shall  be  taken  before  a 
magistrate  and  proceeded  against  on  the  next  day  which  is 
not  Sunday  or  a  legal  holiday;  and  any  such  officer,  if  he 
has  reason  to  believe  that  a  firearm  is  being  concealed  by 
such  an  alien,  may  apply  to  any  court  having  jurisdiction  of 
the  offence,  and  the  court,  upon  receipt  of  proof,  made  by 
affidavit,  of  probable  cause  for  believing  that  there  is  such 
concealment  by  such  person,  shall  issue  a  search  warrant 
and  cause  a  search  to  be  made  in  any  place  where  such  fire- 
arm may  be  concealed;  and  to  that  end  said  officer  may, 
after  demand  and  refusal,  cause  any  building,  room  or  en- 
closure to  be  broken  open  and  entered,  and  any  receptacle 
to  be  opened  and  its  contents  examined. 

Section  53.  Whoever,  except  as  otherwise  provided  in  Hunting  of 
this  chapter,  hunts  or  has  in  his  possession  a  wild  or  un-  prowbited!^^ 
domesticated  bird,  except  an  English  sparrow,  bronzed  or  Exceptions. 
purple  grackle  (crow  blackbird),  crow,  jay,  starling,  sharp-  Penalty. 
shinned  hawk.  Cooper's  hawk,  goshawk  or  great  horned  owl, 
or  wilfully  destroys,  disturbs  or  takes  a  nest  or  eggs  of  any 
wild  or  undomesticated  bird,  except  such  as  are  not  pro- 
tected by  this  section,  shall  be  punished  by  a  fine  of  not  less 
than  twenty  nor  more  than  fifty  dollars  for  each  bird  taken, 
killed  or  had  in  possession  or  for  each  nest  or  egg  disturbed, 
destroyed,  possessed  or  taken;  but  an  owner  or  tenant  of 
land,  or,  if  authorized  by  such  owner  or  tenant,  any  member 
of  his  family  or  person  permanently  employed  thereon,  may 
kill  or  attempt  to  kill  any  wild  bird  which  he  has  reasonable 
cause  to  believe  has  damaged  or  is  about  to  damage  any 
property,  including  domesticated  animals,  poultry  and  game 
on  game-rearing  farms  or  preserves,  and  a  person  who  has  a 
certificate  from  the  director  that  he  is  engaged  in  the  scien- 
tific study  of  ornithology  or  is  collecting  in  the  interests  of  a 
scientific  institution  may  at  any  time  take  or  kill,  or  take 
the  nests  or  eggs  of,  a  wild  or  undomesticated  bird,  except 
woodcock,  ruffed  grouse  and  quail.  This  section  shall  not 
authorize  a  person  to  enter  upon  private  grounds  without  the 


782 


Acts,  1941.  — Chap.  599. 


Taking  of 
woodcock, 
etc.,  for 
scientific 
investigation. 


Penalty  for 
killing  or 
possessing 
certain  birds, 
etc. 


Detention, 
etc.,  of  homing 
pigeons 
prohibited. 


Close  season 
in  time  of 
drought,  etc. 

Proclamation 
by  governor. 


consent  of  the  owner  thereof  for  the  purpose  of  taking  nests 
or  eggs  or  killing  birds.  No  city,  town,  county  or  private 
organization  shall  offer  or  pay  bounties  for  the  killing  or 
taking  of  any  bird. 

Section  54-  Upon  request  of  the  governing  board  of  any 
educational  institution  within  the  commonwealth  having 
power  to  grant  the  degree  of  M.D.,  Ph.D.  or  D.S.,  the  direc- 
tor may  issue  written  instructions  to  conservation  officers  to 
take,  for  the  sole  purpose  of  scientific  investigation  of  dis- 
eases, woodcock,  ruffed  grouse  and  quail,  or  any  of  such 
species.  Such  instructions  shall  specify  the  number  of  such 
birds  that  may  be  taken,  the  times  and  places  of  taking,  the 
persons  to  whom  the  same  shall  be  delivered  for  such  inves- 
tigation and  the  manner  in  which  the  carcasses  shall  be 
finally  disposed  of. 

Section  55.  Whoever,  except  as  provided  in  section  fifty- 
three,  has  in  possession  the  body  or  feathers  of  a  bird,  the 
taking  or  killing  of  which  is  prohibited  by  said  section, 
whether  taken  in  the  commonwealth  or  elsewhere,  or  wears 
such  feathers  for  the  purpose  of  dress  or  ornament,  shall 
be  punished  as  provided  in  section  one  hundred  and  thir- 
teen ;  but  this  section  shall  not  apply  to  non-residents  of  the 
commonwealth  passing  through  it  or  temporarily  dwelling 
therein. 

Section  56.  No  person,  except  the  owner  or  his  authorized 
agent,  shall  detain,  hunt,  mjure  or  in  any  way  interfere  with 
a  homing  or  carrier  pigeon,  or  remove  any  identification 
mark,  band  or  other  thing  from  it. 

Section  57.  Whenever  it  shall  appear  to  the  governor 
that  by  reason  of  extreme  drought  there  is  danger  of  fires 
resulting  from  hunting,  trapping,  fishing  or  other  cause,  he 
may,  with  the  advice  and  consent  of  the  council,  b}^  procla- 
mation suspend  the  opening  or  continuance  of  any  or  all 
open  seasons  established  by  this  chapter,  or  any  authorized 
extension  thereof,  and  proclaim  a  close  season  on  any  or  all 
birds,  fish  or  mammals,  for  such  time  as  he  may  therein 
designate,  and  may  therein  prohibit  hunting,  trapping,  fish- 
ing and  the  possession  of  firearms  on  property  of  another 
during  the  same  time,  and  he  ma}^,  by  the  same  or  another 
proclamation  and  with  like  advice  and  consent,  proclaim 
that  any  or  all  sections  of  the  woodlands  in  the  common- 
wealth where  danger  of  fire  might  exist  shall  be  closed  for 
such  time  as  he  may  therein  designate  to  hunters,  trappers, 
fishermen  and  such  other  persons  as  he  deems  proper  under 
the  circumstances,  except  the  owners  or  tenants  of  such 
property  and  their  agents  and  employees,  or  persons  holding 
written  permission  from  anj'-  such  owner  or  tenant  to  enter 
thereon  for  any  lawful  purpose  other  than  hunting,  trapping 
or  fishing.  As  soon  as  the  fire  hazard  is  deemed  to  be  over 
the  governor,  for  the  purpose  of  providing  just  and  reason- 
able facilities  for  hunting,  trapping  and  fishing,  in  like  man- 
ner and  with  like  advice  and  consent,  may  extend  any  such 
open  season  for  a  period  or  periods  not  exceeding,  in  the 


Acts,  1941.  — Chap.  599.  783 

aggregate,  the  time  of  such  suspension,  and  if  by  reason  of 
any  such  extension  such  open  season  in  whole  or  in  part 
coincides  with  any  other  open  season  in  such  manner  as  to 
cause  any  conflict  in  the  laws  relating  thereto,  he  may,  in 
like  manner  and  with  like  advice  and  consent,  postpone 
such  other  open  season  for  such  time  as  may  be  necessary 
to  avoid  such  conflict. 

Every  such  proclamation  shall  take  effect  as  therein 
stated.  A  proclamation  issued  under  this  section  shall  be 
published  in  such  newspapers  or  posted  in  such  places  and 
in  such  manner  under  the  direction  of  the  department  as 
the  governor  may  order;  but  failure  to  comply  with  this 
paragraph  shall  not  in  any  way  invalidate  any  proclamation 
made  under  authority  of  this  section.  This  section  shall 
not  apply  to  hunting  on  coastal  waters. 

Section  58.    Sunday  shall  be  close  season  on  all  wild  birds  Hunting  on 
and  mammals,  except  as  otherwise  provided  in  this  chapter,  prohibued. 
No  person  on  Sunday  shall  hunt  any  bird  or  mammal  of  any 
kind  or  carry  on  that  day  upon  his  person  a  rifle  or  shot- 
gun in  any  place  where  birds  or  mammals  might  be  found. 

This  section  shall  not  prohibit  the  killing  or  attempted  Exceptions. 
killing  of  a  bird  or  mammal,  by  any  owner  or  lessee  upon  his 
own  property,  actually  damaging  or  likely  to  damage  prop- 
erty, subject,  however,  to  the  same  conditions  and  re- 
strictions as  would  render  such  killing  or  attempted  killing 
lawful  on  a  secular  day;  nor  shall  it  render  unlawful  the 
possession  or  carrying  of  a  rifle  or  shotgun  for  such  purpose' 
or  for  the  purpose  of  using  the  same  in  a  sport  or  game 
lawfully  conducted  under  the  provisions  of  law  authorizing 
sports  and  games  on  Sunday;  nor  shall  it  prohibit  the  taking 
of  mammals  by  means  of  traps. 

Section  59.    No  person  shall  hunt  a  ruffed  grouse,  a  quail,  J^^gj^^o^use 
or  a  pheasant  of  any  kind,  except  as  provided  in  this  chapter,  etc.,  regulated. 

The  director  shall  declare  an  open  season  on  ruffed  grouse,  open  season. 
quail,  and  pheasants  of  any  kind,  or  any  of  such  species,  in  Bag  limit, 
any  county  where  such  open  season  seems  advisable,  and 
may  make  such  rules  and  regulations  relating  to  bag  limit, 
time  and  length  of  open  season  and  varieties  to  be  taken, 
and  all  other  matters  connected  with  such  open  season,  as 
he  may  deem  necessary  or  expedient,  and  may  suspend  or 
modify  the  open  season  or  modify  the  bag  limit  relative  to 
ruffed  grouse,  quail  and  pheasants,  or  any  of  such  species, 
whenever  in  his  opinion  such  action  becomes  necessary. 

Nothing  in  this  section  shall  be  deemed  to  prohibit  the 
hunting  of  ruffed  grouse,  quail  or  pheasants  in  accordance 
with  any  provision  of  sections  fifty-four,  sixty  and  sixty-one, 
nor  to  permit  the  director  to  declare  an  open  season  in  excess 
of  thirty-two  consecutive  days,  nor  to  declare  a  daily  bag 
limit  in  excess  of  three,  or  a  season  bag  limit  in  excess  of 
fifteen,  ruffed  grouse. 

Section  60.     A  person  may  hunt,  upon  land  owned  or  occu-  Hunting  of 
pied  by  him,  a  pheasant  which  he  finds  in  the  act  of  doing  daml^ng 
damage  to  any  crop  on  cultivated  land,  or  may  authorize  a  la^d. 


784 


Acts,  1941.  — Chap.  599. 


Determination 
of  districts  in 
which  ruffed 
grouse  may 
be  hunted. 

Permits. 


Open  season 
on  shore 
birds,  etc. 

Rules  and 
regulations. 


member  of  his  family  or  person,  other  than  an  ahen,  employed 
by  him  on  such  land  so  to  do.  The  person  by  whom  or  under 
whose  direction  a  pheasant  is  so  hunted  shall  within  twenty- 
four  hours  thereafter  make  a  written  report  to  the  director, 
stating  the  time,  place  and  the  number  of  pheasants  so 
killed.  Failure  so  to  make  such  report  shall  be  punished  as 
provided  in  section  one  hundred  and  thirteen. 

Nothing  in  this  section  or  in  section  sixty-one  shall  be 
deemed  to  require  any  person  who  is  a  citizen  of  the  United 
States  and  employed  by  the  aforesaid  owner  or  occupant  to 
be  licensed  to  hunt  in  carrying  out  any  authority  delegated 
to  him  under  the  preceding  paragraph. 

Section  61.  A  board,  consisting  of  the  commissioner  of 
conservation,  the  commissioner  of  agriculture  and  the  state 
ornithologist,  acting  in  person  or  through  their  duly  author- 
ized agents,  may  from  time  to  time  determine  and  define  the 
limits  of  districts  within  the  commonwealth  wherein  permits 
to  hunt  ruffed  grouse,  as  provided  in  this  chapter,  may  be 
used.  Said  board  shall  serve  without  compensation  and  shall 
not  incur  any  expense  on  account  of  the  commonwealth. 
Upon  application  to  the  director,  upon  blank  forms  furnished 
by  the  division,  bj^  the  owner  or  occupant  of  land  in  a  district 
wherein  a  permit  as  aforesaid  may  be  used,  the  director  may 
grant  to  him  a  permit  authorizing  him,  or  a  member  of  his 
family  or  a  person,  other  than  an  alien,  employed  by  him, 
to  hunt  on  such  land  and,  with  the  consent  of  the  owners, 
on  lands  adjacent  thereto,  during  the  period  betw^een  De- 
cember first  and  April  fifteenth  following,  any  ruffed  grouse 
which  he  has  reasonable  cause  to  believe  has  damaged  or  is 
about  to  damage  any  cultivated  fruit  trees  or  shrubs.  No 
fee  shall  be  charged  for  any  such  permit.  The  person  by 
whom  or  under  whose  direction  a  ruffed  grouse  is  so  hunted 
shall  within  twenty-four  hours  thereafter  make  a  written 
report  to  the  director,  stating  the  time,  place  and  the  num- 
ber of  grouse  so  killed.  Such  person  shall  retain  possession 
of  such  grouse  or  the  carcasses  thereof  for  a  period  of  five 
days,  within  which  the  director  shall  effect  the  disposition 
of  the  same  for  scientific  purposes.  The  holder  of  axvy  per- 
mit granted  under  this  section  who  violates  any  provision 
of  such  permit  or  of  this  section  shall  forfeit  such  permit. 

Section  62.  No  person  shall  hunt  any  species  of  the  limi- 
colae,  commonly  known  as  shore  birds,  snipe  or  woodcock, 
or  any  species  of  the  rallidae,  commonly  known  as  rails, 
coots  or  gallinules,  or  of  the  anatidae,  commonly  known  as 
ducks,  geese,  brants  or  swans,  or  have  in  possession  any  of 
said  species,  except  as  provided  in  thi^  chapter.  The  director 
shall  declare  from  time  to  time  an  open  season  on  any  such 
species,  subject  to  such  rules  or  regulations  as  he  may  pre- 
scribe; provided,  that  such  open  seasons  shall  not  exceed 
those  authorized  by  federal  laws  and  rules  and  regulations 
relative  thereto,  and  that  such  rules  and  regulations  of  the 
director  shall  not  authorize  any  action  not  authorized  by 
such  federal  laws,  rules  and  regulations. 


Acts,  1941.  — Chap.  599.  785 

Section  63.     Whenever,  in  the  opinion  of  the  director,  any  Taking,  etc., 
species  of  waterfowl  or  other  migratory  bird  subject  to  federal  whk^^beconies 
regulation  becomes  a  menace  to  the  fisheries  of  the  common-  ^  menace,  etc. 
wealth  or  becomes  a  nuisance  with  respect  to  property,  he 
may,  in  writing,  authorize  any  person  to  take  or  kill  such  birds 
during  any  period  when  such  taking  or  killing  is  otherwise 
unlawful,  subject  to  such  regulations  as  he  may  prescribe; 
provided,  that  such  rules  and  regulations  shall  not  authorize 
any  action  not  authorized  by  federal  laws,  rules  and  regula- 
tions relative  thereto. 

Section  64-     Except  as  otherwise  provided  in  this  chap-  ciose  season 
ter,  no  person  shall,  except  between  October  twentieth  and  aqxSrilia. 
the  following  November  twentieth,   both   dates  inclusive,  Bag  limit, 
hunt  or  have  in  possession  the  carcass  of  a  gray  squirrel,  or 
at  any  time  take,  kill  or  have  in  possession  the  carcasses  of 
more  than  five  gray  squirrels  in  one  day  or  more  than  fifteen 
in  one  year,  or  take  or  kill  at  any  time  a  gray  squirrel  by 
means  of  a  trap  or  net,  or  for  the  purpose  of  taking  or  killing 
a  gray  squirrel  construct  or  set  a  trap  or  net.    This  section 
shall  not  apply  to  the  owner  or  occupant  of  any  dwelling 
house  or  other  building,  or  the  owner  of  any  fruit  tree  or  of 
grain  or  other  growing  cultivated  crop,  finding  any  gray 
squirrel  doing  damage  to  the  same. 

Section  65.     No  person,  otherwise  than  as  provided  in  ck 


lose  season 


section  sixty- seven,  shall  hunt  or  have  in  possession  the  car-  °l^l^  °^ 
cass  of  a  hare  or  rabbit,  except  between  November  twen-  g^g  limit 
tieth  and  the  following  last  day  of  February,  both  dates  in-  Exception 
elusive,  in  Nantucket  county,  or  between  November  fifteenth 
and  the  following  February  fifteenth,  both  dates  inclusive, 
in  Dukes  county,  or  between  October  twentieth  and  the 
following  February  fifteenth,  both  dates  inclusive,  in  any 
other  county,  or  during  such  open  seasons  kill  or  have  in 
possession  the  carcasses  of  more  than  two  northern  varying 
hares,  otherwise  known  as  Canada  hares,  snowshoe  rabbits 
or  white  rabbits,  or  more  than  five  rabbits  commonly  known 
as  cottontail  rabbits  in  any  one  day,  or  in  Nantucket  county 
more  than  three  rabbits  in  any  one  day.    This  section  shall . 
not  apply  to  European  hares  in  the  county  of  Berkshire, 
which  may  be  taken  or  killed  at  any  time. 

Section  66.    No  person  shall  remove  or  attempt  to  remove  use  and 
a  hare  or  a  rabbit  from  any  hole  in  the  ground,  stone  wall,  offlrrlt""* 
from  under  any  ledge,  stone  or  log,  and,  except  as  provided  etc.,  regulated. 
in  section  sixty-seven,  no  person  shall  take  or  kill  a  hare  or 
a  rabbit  by  a  trap  or  net,  or  for  that  purpose  construct,  tend 
or  set  a  trap  or  net  or  use  a  ferret  or  a  fitchew  commonly 
known  as  a  fitch  (Mustela  putorius  furo) ;    and  no  person 
shall  have  in  possession  a  ferret  or  a  fitchew  without  a  per- 
mit authorizing  him  so  to  do.    The  director  may  upon  appli- 
cation issue  to  a  person  a  permit  authorizing  him  to  have 
ferrets  or  fitchews  in  his  possession,  under  such  rules  and 
regulations  as  the  director  may  prescribe,  and  may  revoke 
said  permit  at  any  time  if  he  has  reason  to  believe  that  said 
ferrets  or  fitchews  are  kept  or  used  for  hunting  hares  or 


786 


Acts,  1941.  — Chap.  599. 


Rabbits  to 
be  trapped 
in  certain 
instances. 


Hunting,  etc  , 
of  minks  and 
other  mam- 
mals regulated. 


rabbits.  Ferrets  and  fitchews,  or  either,  used  or  had  in  pos- 
session in  violation  hereof  shall  be  forfeited  to  the  common- 
wealth and  disposed  of  by  the  director  for  the  best  interests 
of  the  commonwealth. 

Section  67.  An  owner  or  tenant  of  land,  or,  if  authorized 
by  such  owner  or  tenant,  any  member  of  his  family  or  per- 
son, other  than  an  alien,  employed  upon  such  land,  may, 
upon  such  land,  hunt,  or  take  by  means  of  a  box  trap,  a 
rabbit  or  hare  which  such  owner  or  tenant,  or  member  or 
person  so  authorized,  has  reasonable  cause  to  believe  has 
damaged  or  is  about  to  damage  any  vegetable,  crop,  fruit 
tree  or  other  valuable  growth  on  such  land.  An  owner  or 
tenant  by  whom  or  by  whose  authority  hares  or  rabbits  are 
so  hunted  or  trapped  shall  within  twenty-four  hours  there- 
after make  a  written  report  to  the  director,  stating  the  time 
and  place  and  the  number  of  hares  and  rabbits  so  taken  and 
the  disposition  made  of  them. 

Section  68.  Except  as  otherwise  provided  in  this  chapter, 
no  person  shall  hunt  or  trap,  or  have  in  possession  the  living 
or  dead  bodies  of,  minks,  otters,  muskratfi,  opossums  or  rac- 
coons; provided,  that  such  mammals,  other  than  opossums 
or  raccoons,  may  be  taken  by  hunting  or  trapping  between 
November  first  and  the  following  March  first,  both  dates  in- 
clusive, and  that  opossums  or  raccoons  may  be  taken  with 
the  aid  or  by  the  use  of  dogs  or  guns  between  October  first 
and  the  following  January  first,  both  dates  inclusive,  and 
by  trapping  between  November  first  and  the  following  Jan- 
uary first,  both  dates  inclusive.  No  person  shall  remove  or 
attempt  to  remove  a  raccoon  from  any  hole  in  the  ground, 
stone  wall,  from  within  any  ledge,  or  from  under  any  stone 
or  from  any  hole  in  any  log  or  tree.  Not  more  than  two 
raccoons  shall  be  taken  during  any  period  from  sunset  of 
one  day  to  sunset  of  the  following  day  by  any  one  person, 
or  three  raccoons  by  two  or  more  persons  hunting  in  one 
party,  and  not  more  than  ten  raccoons  shall  be  taken  by 
any  person  in  any  open  season. 

Except  as  authorized  by  this  chapter,  no  person  shall, 
between  March  second  and  the  following  October  thirty-first, 
both  dates  inclusive,  set,  use,  place,  locate,  tend  or  main- 
tain any  trap  for  the  purpose  of  taking  a  mammal. 

No  person  shall  set,  use,  place,  locate,  tend  or  maintain 
any  trap  on  the  improved  or  enclosed  land  of  another,  or 
on  land  posted  as  provided  in  section  one  hundred,  without 
the  written  consent  of  the  owner  or  occupant  of  such  land, 
nor  shall  any  trap  be  set,  used,  placed,  located,  tended  or 
maintained  in  a  public  way,  cart  road  or  path  commonly 
used  as  a  passageway  for  human  beings  or  domestic  animals. 

No  person  shall  set,  use,  place,  locate,  tend  or  maintain 
a  trap  within  ten  feet  of  a  muskrat  house,  nor  shall  a  musk- 
rat  house  be  torn  open,  disturbed  or  destroyed. 

Every  trap  shall  be  marked  with  the  name  of  the  person 
using  the  same,  in  such  a  manner  that  it  shall  be  legible  at 
all  times.    Any  trap  set  in  violation  of  law  shall  be  forfeited 


Acts,  1941.  — Chap.  599.  787 

to  the  commonwealth  by  any  officer  empowered  to  enforce 
this  chapter  and  shall  be  disposed  of  by  the  director  for  the 
best  interests  of  the  commonwealth. 

No  person  shall  at  any  time  set,  use,  place,  locate,  tend 
or  maintain  any  trap  not  bearing  his  name  as  provided  in 
preceding  paragraph. 

No  person,  except  as  provided  in  sections  fourteen  and 
ninety-three,  shall  hunt  or  possess  a  beaver  at  any  time. 

Section  69.    An  owner  or  tenant  of  land,  or,  if  authorized  Hefting  of 

,  1  f  1   •      c         •!  certain  mam- 

by  such  owner  or  tenant,  any  member  oi  his  lamily  or  per-  mais  by  owners 
son,  other  than  an  alien,  permanently  employed  upon  such  pemStted?" 
land,  may,  upon  such  land,  hunt  at  any  time  any  mammal,  when. 
except  deer,  hares  or  rabbits,  which  has  damaged  or  injured  {^®/™^fg 
property  or  which  the  owner  reasonably  believes  is  likely  to 
damage  or  injure  property;   and  any  such  owner  or  tenant, 
at  any  time,  and  in  such  manner  as  may  be  necessary  to 
protect  said  property  from   such  mammals,   except   deer, 
hares  or  rabbits,  may  place,  or  may  authorize  any  member 
of  his  family,  or  person,  other  than  an  alien,  permanently 
employed  by  him,  to  place  traps  for  the  purpose  of  taking 
such  mammals  on  said  land. 

No  such  owner  or  tenant  shall  authorize  any  person,  other 
than  a  member  of  his  family  or  such  a  person,  other  than  an 
ahen,  permanently  employed  by  him,  to  place  traps  during 
other  than  the  open  season  for  the  protection  of  said  prop- 
erty, unless  such  owner  or  tenant  has  first  obtained  from 
the  director  a  permit  authorizing  him  so  to  do,  which  per- 
mits the  director  is  hereby  authorized  to  issue  in  his  discre- 
tion. Any  person  so  authorized  by  such  owner  or  tenant, 
if  not  a  member  of  his  family  or  a  person,  other  than  an  alien, 
so  permanently  employed  by  him,  shall  first  obtain  a  trap- 
ping license  under  section  five. 

No  carcass  or  skin  of  a  protected  mammal  taken  under 
authority  of  this  section  during  other  than  the  open  season 
shall  be  sold.  A  written  report  shall  be  sent  by  every  such 
owner  to  the  director  on  or  before  January  thirty-first  of  each 
year,  stating  the  number  and  kinds  of  mammals  taken 
under  authority  of  this  section. 

Nothing  in  this  section  shall  be  deemed  to  prohibit  the 
hunting  or  trapping  of  hares  or  rabbits  as  provided  in  sec- 
tion sixty-seven  or  the  hunting  of  deer  as  provided  in  section 
seventy-eight  or  seventy-nine. 

Section  70.  Violation  of  any  provision  of  section  sixty-  Penalty. 
eight  or  sixty-nine  shall  be  punished  by  a  fine  of  not  less 
than  twenty  nor  more  than  one  hundred  dollars,  in  addition 
to  any  other  penalty  or  forfeiture  which  may  be  imposed 
for  taking,  killing  or  having  in  possession  any  birds  or 
mammals  at  any  time  or  by  any  means  contrary  to  law. 

Section  71 .    No  person  shall  at  any  time  remove,  by  dig-  Removal  of 
ging  or  otherwise,  any  mammal  for  which  there  is  a  close  mais'by"^'"" 
season,  from  any  hole  in  the  ground,  stone  wall,  from  within  ^rlf^fi^tf*^' 
any  ledge,  or  from  any  hole  in  any  log  or  tree,  upon  the  land 
of  another,  and  no  person,  without  first  obtaining  the  writ- 


788 


Acts,  1941.  — Chap.  599. 


Use  of  steel 
traps  pro- 
hibited. 

Penalty. 


Use  of  traps 
causing  con- 
tinued suffer- 
ing regulated. 

Penalty! 


Referendum 
on  use  of 
steel  traps. 


ten  permission  of  the  land  owner  so  to  do,  shall  remove  from 
any  location  as  aforesaid  any  mammal  for  which  there  is  no 
close  season. 

Section  72.  Except  as  otherwise  provided  in  section  sixt}^- 
nine,  whoever  sets,  uses,  places,  locates,  tends  or  maintains 
a  trap  commonly  called  a  steel  or  jaw  trap,  with  a  spread  of 
more  than  six  inches,  or  a  "stop-thief"  trap  or  a  dead  fall 
trap  with  an  opening  of  more  than  six  inches,  or  a  choke 
trap,  or  a  trap  with  teeth  on  one  or  both  jaws,  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty  nor  more  than  one 
hundred  dollars. 

Section  73.  Except  as  otherwise  provided  in  section  sixty- 
nine  and  subject  to  sections  seventj^-four  and  seventy-five, 
whoever  uses,  places,  locates,  sets,  tends  or  maintains  any 
trap  or  other  device  for  the  capture  of  fur-bearing  mammals 
which  is  likely  to  cause  continued  suffering  to  a  mammal 
caught  therein,  and  which  is  not  designed  to  kill  such  a  mam- 
mal at  once  or  to  take  it  alive  unhurt,  shall  be  punished  by 
a  fine  of  fifty  dollars;  but  this  section  shall  not  apply  to 
traps  or  other  devices  for  protection  of  propert}^  if  set  or 
maintjiined  not  more  than  fifty  yards  from  any  building, 
cultivated  plot  of  land,  or  enclosure  used  for  the  rearing  of 
poultry,  including  game  birds,  to  the  use  of  which  building, 
plot  or  enclosure  the  presence  of  mammals,  except  deer  or 
moose,  may  be  detrimental. 

Section  71}..  If  there  is  filed  with  the  clerk  of  any  city  or 
town  a  petition  signed  by  twenty-five  registered  voters 
thereof,  or,  in  towns  having  a  population  of  less  than  five 
hundred,  signed  by  two  per  cent  of  the  registered  voters 
thereof,  requesting  such  action,  said  clerk  shall  cause  to  be 
submitted  to  the  voters  of  such  citj^  or  town,  at  the  next 
municipal  election,  the  following  question,  to  be  voted  on 
by  ballot,  said  question  to  be  placed  on  the  official  ballot  in 
cities  and  in  towns  using  official  ballots  at  town  elections, 
for  the  election  of  city  and  town  officers:  —  "Shall  the  oper- 
ation of  section  seventy-three  of  chapter  one  hundred  and 
thirty-one  of  the  General  Laws,  requiring  for 
the  taking  of  fur-bearing  mammals  the  use  of 
traps  that  kill  at  once  or  take  such  mammals 


YES. 


alive  unharmed,  be  suspended  within  this  city  (or  town)?" 
Or,  if  the  operation  of  section  seventy-three  has  been  so 
suspended,  the  question:  —  "Shall  section  seventy-three  of 
chapter  one  hundred  and  thirty-one  of  the  General  Laws,  re- 
quiring for  the  taking  of  fur-bearing  mammals  the  use  of 
traps  that  kill  at  once  or  take  such  mammals 
alive  unharmed,  be  again  operative  in  this  city 
(or  town)?" 

If  a  majority  of  the  votes  cast  in  such  city  or  town  in 
answer  to  the  question  submitted  is  in  the  affirmative,  said 
section  seventy-three  shall  not,  or  shall,  as  the  case  may  be, 
thereafter  apply  in  such  city  or  town  unless  and  until  a  ma- 
jority of  the  voters  thereof  voting  on  the  other  question  at  a 
municipal  election  vote  thereon  in  the  afiirmative. 


YES. 

NO. 

Acts,  1941  —Chap.  599.  789 

Section  75.     The  commissioner,  whenever  in  his  opinion  Comnussioner 
such  action  is  necessary,  may  by  order  suspend  for  not  ex-  "seVst™i* 
ceeding  thirty  days  the  operation,  within  any  specified  terri-  traps,  when. 
tory  under  the  control  of  the  department  and  designated  in 
such  order,  of  section  seventy-three.    The  provisions  of  sec- 
tion ninety-four,  so  far  as  apt,  shall  apply  to  such  an  order. 

Section  76.     Whoever  fails  to  visit  at  least  once  in  each  f ^j"*^'*'^  ^""^ 
calendar  day  a  trap  set,  used,  placed,  located,  tended  or  visit  traps. 
maintained  by  him  shall  be  punished  by  a  fine  of  not  less 
than  twenty  nor  more  than  one  hundred  dollars. 

Section  77.    Whoever  sets,  uses,  places,  locates,  tends  or  use  of  scent 
maintains  a  trap  of  any  kind  with  a  scent  or  scented  bait  baft  p?o"-*^'^ 
shall  be  punished  by  a  fine  of  not  less  than  twenty  nor  more  hibited. 
than  fifty  dollars  or  by  imprisonment  for  not  more  than  one  Penalty. 
month,  or  both.    Nothing  in  this  section  shall  be  construed 
to  prevent  the  using  as  bait  of  fruit,  vegetables,  fish,  birds  or 
mammals,  or  parts  thereof;  provided,  that  nothing  is  added 
thereto  and  that  such  bait  is  used  in  its  natural  state. 

Section  78.  Whoever  constructs,  erects,  sets,  uses,  locates.  Use  of  snares, 
repairs,  tends  or  maintains  any  snare  for  the  purpose  of  etc..  pro-^' 
catching  or  killing  any  mammal,  or  hunts  a  mammal  by  hibited. 
such  means  or  by  the  aid  or  use  of  any  motor  vehicle,  or  Penalty. 
hunts  a  mammal  by  the  aid  or  use  of  artificial  light  except  as  Exceptions. 
authorized  herein,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars.  The  construction, 
erection,  setting,  using,  locating,  repairing,  tending  or  main- 
tenance of  any  snare  by  any  person  shall  be  prima  facie  evi- 
dence of  a  violation  by  him  of  this  section.  Upon  applica- 
tion to  the  director  by  the  owner  or  occupant  of  land,  the 
director  may  grant  to  him  a  permit  authorizing  him,  or  a 
member  of  his  family,  or  a  person,  other  than  an  alien,  em- 
ployed by  him  if  authorized  by  him  so  to  do,  for  such  period 
during  the  close  season  for  deer,  riot  exceeding  ninety  days, 
as  may  be  specified  in  the  permit,  to  set  or  use  a  jacklight 
or  any  other  artificial  light,  but  not  in  conjunction  with  any 
motor  vehicle,  on  such  land  for  the  purpose  of  taking,  in- 
juring or  killing  any  deer  thereon  which  he  has  reasonable 
cause  to  believe  has  damaged  or  is  about  to  damage  crops  or 
fruit  trees  thereon;  and  in  the  event  of  the  taking,  injuring 
or  killing  of  a  deer  as  aforesaid,  the  person  by  whom  or  under 
whose  direction  the  deer  was  taken,  injured  or  killed  shall 
within  twenty-four  hours  thereafter  send  to  the  director  a 
written  report,  signed  by  him,  of  the  facts  relative  to  the 
said  taking,  injuring  or  killing. 

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 
jacklight  or  any  other  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 
of  not  larger  than  twenty-two  calibre,  chambered  to  take 
not  larger  than  twenty-two  long  rifle  ammunition,  so  called, 


790 


Acts,  1941.  — Chap.  599. 


Possession  of 
the  carcass 
of  a  deer 
penalized, 
when. 


Open  season 
on  deer. 

Methods  of 
hunting,  etc. 

Reports  to 
director. 

Bag  limit. 

Penalty. 


or  a  pistol  or  revolver  of  not  more  than  thirty-eight  calibre, 
or  the  possession,  except  as  authorized  herein,  during  the 
period  between  one  half  hour  before  sunrise  and  one  half 
hour  after  sunset,  in  any  such  place,  of  such  a  shotgun  to- 
gether 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  chapter. 

Nothing  herein  contained  shall  be  construed  as  permitting 
any  person  to  have  in  possession  during  the  open  season  on 
deer  any  rifle,  pistol  or  revolver  in  violation  of  section  eighty- 
two;  nor  as  prohibiting  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  as  prohibiting  the  hunt- 
ing of  raccoons  or  any  unprotected  mammal  in  a  lawful  man- 
ner with  a  jacklight  or  any  other  artificial  light;  provided, 
that  no  motor  vehicle  is  used  in  conjunction  with  the  use  of 
such  jacklight  or  any  other  artificial  light. 

Section  79.  Whoever,  except  as  provided  in  this  chapter, 
hunts  or  has  in  possession  the  carcass  of  a  deer  shall  be  pun- 
ished by  a  fine  of  one  hundred  dollars;  provided,  that  any 
person  may,  on  land  owned  or  occupied  by  him,  hunt  any 
deer  which  he  has  reasonable  cause  to  believe  has  damaged 
or  is  about  to  damage  crops,  fruit  or  ornamental  trees,  except 
grass  growing  on  uncultivated  land;  and  he  may  authorize 
any  member  of  his  family,  or  any  person,  other  than  an  alien, 
employed  by  him,  so  to  hunt  a  deer  under  the  circumstances 
above  specified.  In  the  event  of  the  wounding  or  killing  of  a 
deer  as  aforesaid,  the  person  by  whom  or  under  whose  direc- 
tion the  deer  was  wounded  or  killed  shall  within  twenty-four 
hours  thereafter  send  to  the  director  a  written  report,  signed 
by  him,  of  the  facts  relative  to  the  said  wounding  or  killing, 
including  the  time  and  place  thereof,  and  the  kind  of  tree  or 
crop  injured  or  destroyed,  or  about  to  be  injured  or  destroyed, 
by  the  deer. 

Section  80.  Subject  to  the  restrictions  and  provisions 
contained  in  this  section  and  in  section  one  hundred,  any 
person  duly  authorized  to  hunt  in  the  commonwealth  may 
hunt  a  deer,  by  the  use  of  a  shotgun  not  larger  than  a  ten 
gauge,  or  bow  and  arrow,  in  all  counties  between  the  hours 
of  half  past  six  o'clock  in  me  morning,  eastern  standard  time, 
and  five  o'clock  in  the  afternoon,  eastern  standard  time,  of 
each  day  beginning  with  the  first  Monday  in  December  and 
ending  with  the  following  Saturday,  and  in  any  or  all  of 
the  counties  of  Berkshire,  Franklin,  Hampden  and  Hamp- 
shire, if  the  additional  hunting  period  hereinafter  specified  is 
authorized  in  such  county  or  counties  by  the  director,  as 
evidenced  by  an  order  filed  in  his  office  and  advertised  in  a 
newspaper  or  newspapers  published  in  such  county  or  coun- 
ties, not  less  than  ten  days  prior  to  the  first  Monday  in 
December,  between  the  hours  of  half  past  six  o'clock  in  the 
morning,  eastern  standard  time,  and  five  o'clock  in  the  after- 
noon, eastern  standard  time,  of  each  day,  beginning  wiUi  the 


Acts,  1941.  — Chap.  599.  791 

second  Monday  in  December  and  ending  with  the  following 
Saturday.  No  person,  except  as  provided  in  section  seventy- 
nine,  shall  kill  more  than  one  deer.  No  deer  shall  be  hunted 
within  the  boundaries  of  any  public  lands  subject  to  sec- 
tion eighty-nine.  No  person,  except  as  provided  in  section 
seventy-eight,  shall  make,  set  or  use  any  trap,  torchlight  or 
jacklight,  salt  lick  or  other  device  for  the  purpose  of  ensnar- 
ing, enticing,  taking,  injuring  or  killing  a  deer,  nor  hunt, 
drive,  worry  or  disturb  any  deer  with  or  by  the  aid  of  any 
noise-making  device  or  devices.  Whoever  wounds  or  kills 
a  deer  shall  within  forty-eight  hours  thereafter  send  to  the 
director  a  written  report,  signed  by  him,  of  the  facts  relative 
to  the  wounding  or  killing.  This  section  shall  not  prohibit 
the  hunting  of  deer  in  state  forests  acquired  under  section 
thirty  or  thirty-three  of  chapter  one  hundred  and  thirty-two 
or  any  other  provision  of  law,  or  state  parks  and  reservations 
under  the  control  of  the  division  of  parks  and  reservations 
of  the  department ;  but  the  hunting  of  deer  in  any  such  state 
forest  or  park  may  be  prohibited  during  the  whole  or  any 
part  of  the  open  season  for  deer  provided  by  this  section,  if 
and  as  prohibited  by  regulations  made  by  the  commissioner, 
authorit}^  to  make  such  regulations  being  hereby  granted  to 
the  commissioner. 

No  person  during  the  open  season  on  deer  shall  hunt  in 
any  county  open  to  the  hunting  of  deer  while  armed  with  any 
shotgun  or  bow  and  arrow  if  the  person  so  hunting  has  killed 
a  deer  during  the  current  season.  This  section  shall  not  apply 
to  hunting  on  coastal  waters. 

Whoever  violates  any  provision  of  this  section  or  of  any 
regulation  made  thereunder,  shall  be  punished  by  a  fine  of 
not  less  than  fifty  nor  more  than  one  hundred  dollars. 

The  director,  with  the  approval  of  the  governor  and  coun- 
cil, may  suspend  or  modify,  in  whole  or  in  part,  the  open 
season  on  deer  as  provided  in  this  section  whenever  he  may 
deem  such  action  necessary  or  expedient. 

Section  81.  No  person  shall  use  or  carry  on  his  person,  Marking  of 
while  hunting,  an  arrow  adapted  for  hunting  purposes  unless  f"hunthfg^ 
it  is  plainly  marked  with  his  name  and  permanent  address. 

Section  82.  No  person  shall  in  any  county,  except  in  such  Hunting  with 
counties  as  may  then  be  closed  to  the  hunting  of  deer,  be-  regulated. 
tween  the  hours  of  half  past  six  o'clock  in  the  morning,  east- 
ern standard  time,  on  the  first  Monday  in  December  and 
five  o'clock  in  the  afternoon,  eastern  standard  time,  on  the 
following  Saturday,  and  no  person  shall,  in  Berkshire,  Frank- 
lin, Hampshire  or  Hampden  counties,  between  the  hours  of 
half  past  six  o'clock  in  the  morning,  eastern  standard  time, 
on  the  second  Monday  in  December  and  five  o'clock  in  the 
afternoon,  eastern  standard  time,  on  the  following  Saturday, 
if  such  additional  period  for  hunting  deer  is  authorized  in 
such  county  or  counties  under  section  eighty,  hunt  a  bird 
or  mammal  with  a  rifle,  revolver  or  pistol  or  by  the  aid  of  a 
dog,  or  have  in  his  possession,  or  under  his  control,  in  any 
wood  or  field,  a  rifle,  revolver  or  pistol,  or  a  dog  adapted  to 


792 


Acts,  1941.  — Chap.  599. 


Compensation 
for  damage 
caused  by 
deer,  etc. 

Method  of 
collection. 


the  hunting  or  pursuing  of  birds  or  mammals,  or,  while  in 
pursuit  of  birds  or  mammals,  have  in  his  possession,  or  under 
his  control,  on  any  highway,  any  such  firearm  or  dog. 

Section  83.  Whoever  suffers  loss  by  the  eating,  browsing 
or  trampling  of  his  fruit  or  ornamental  trees,  vegetables, 
produce  or  crops  by  deer  or  moose,  if  the  damage  is  done  in 
a  city  may  inform  the  officer  of  police  thereof  who  shall  be 
designated  to  receive  such  information  by  the  mayor,  and 
if  the  damage  is  done  in  a  town  may  inform  the  chairman 
of  the  selectmen  of  such  town,  declaring  the  amount  of  such 
damage  as  nearly  as  he  can  determine  the  same.  If  the 
amount  so  declared  does  not  exceed  twenty  dollars,  the  officer 
or  chairman  shall  proceed  to  the  premises  and  determine 
whether  the  damage  was  inflicted  by  such  deer  or  moose, 
and,  if  so,  appraise  the  amount  thereof  and  within  ten  days 
after  such  appraisal  is  made  return  to  the  director  a  certifi- 
cate of  the  damages  fixed  by  such  appraisal.  If  the  amount 
of  said  damage  is  declared  by  the  owner  of  the  damaged 
property  to  exceed  twenty  dollars,  said  owner  shall  notify 
the  director  of  said  damage.  The  director,  within  eight  days 
after  receiving  such  notice,  shall  determine  whether  the  dam- 
age was  inflicted  by  such  deer  or  moose,  and,  if  so,  he  shall 
at  once  proceed  to  have  an  appraisal  made  under  oath  by 
three  persons,  one  of  whom  shall  be  designated  by  the  owner 
of  the  damaged  property,  one  by  the  director  and  the  third 
by  the  trustees  for  county  aid  to  agriculture  or  of  the  county 
agricultural  school  of  the  county  in  which  the  damage  oc- 
curred. Within  ten  days  after  such  appraisal  is  made,  the 
appraiser  designated  by  the  director  as  aforesaid  shall  return 
to  the  director  a  certificate  of  the  damages  fixed  by  such 
appraisal.  The  director  shall,  within  thirty  days  after  re- 
ceiving such  certificate,  if  he  finds  the  claim  to  be  just  and 
the  appraisal  correct,  endorse  his  approval  thereon  and 
transmit  the  same,  with  the  cost  of  appraisal  added,  to  the 
comptroller,  and  the  amount  so  certified  shall  be  paid  by  the 
commonwealth;  provided,  that  if  any  doubt  exists,  the 
director  may  summon  the  appraisers  and  all  parties  inter- 
ested and  make  such  examination  as  he  thinks  proper  and 
may  cause  the  appraisers  to  review  their  appraisal,  or  cause 
a  new  appraisal  or  appraisals  to  be  made  as  aforesaid  by 
other  appraisers  designated  and  proceeding  in  the  same  man- 
ner as  the  original  appraisers.  Each  appraiser,  except  when 
a  paid  official  or  employee  of  the  commonwealth  or  of  a 
county,  shall  receive  compensation  from  the  commonwealth 
at  the  rate  of  sixty-five  cents  per  hour  for  not  more  than 
eight  hours  in  any  one  day  while  acting  as  such  and  four 
and  one  half  cents  a  mile  for  his  necessary  travel. 

Any  tree  appraised  in  the  manner  above  referred  to  as 
having  been  totally  damaged,  and  for  which  compensation 
has  been  paid  by  the  commonwealth  under  this  section, 
may  thereafter  be  removed  by  the  director  without  further 
compensation  therefor,  or  the  director  may  mark  or  cause 


Acts,  1941.  — Chap.  599.  793 

to  be  marked  in  a  suitable  manner  trees  for  which  compen- 
sation has  been  paid. 

Section  84-     Whoever  hunts  a  moose  shall  be  punished  ^^^ij^  [^^o^g 
by  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars. 

Section  85.    Whoever,  for  the  purpose  of  hunting;,  taking  Hunting  near 

1   .ii.  ■      u-    J  1       ]•      1  n  state,  etc., 

or  kilhng  any  bu'd  or  mammal,  discharges  any  firearm  upon  highways  and 
any  state  or  paved  highway,  or  within  fifty  yards  of  any  prohibited, 
such  highway,  or  whoever  hunts  any  bird  or  mammal  within  ^^^^i^ 
five  hundred  feet  of  any  dwelling  in  use,  except  as  author- 
ized by  the  owner  or  occupant  thereof,  shall  be  punished  by 
a  fine  of  not  less  than  twenty  nor  more  than  fifty  dollars. 

Section  86.     Whoever  constructs,  sets,  uses,  places,  lo-  Penalty  for 
Gates,  maintains  or  tends  a  trap,  net  or  snare  for  the  purpose  by'lrTps!'"^'^^ 
of  taking  or  killing  a  bird,  or  takes  a  bird  by  any  such  means,  jackiights.  etc 
or  whoever  hunts  any  bird  with  a  swivel  or  pivot  gun,  or 
by  the  use  of  a  torch,  jacklight  or  any  other  artificial  light, 
or  by  the  aid  or  use  of  any  vehicle,  boat  or  floating  device 
propelled  by  sail,  steam,  naphtha,  gasoline,  electricity,  com- 
pressed air  or  similar  motive  power,  or  whoever  for  the  pur- 
pose of  taking  or  killing  a  wild  bird,  places  or  causes  to  be 
placed  upon  the  shores  or  foreshores  of,  or  in  or  upon,  any 
waters  within  the  commonwealth,  grain  of  any  kind  shall 
be    punished    as    provided    in    section    one    hundred    and 
thirteen. 

Section  87.  Whoever  places  poison  in  any  form  whatso-  Kiiung  of  birds 
ever  for  the  purpose  of  killing  any  bird,  or  any  mammal  ex-  mammais'by 
cept  as  hereinafter  specified,  shall  be  punished  by  a  fine  of  ^•bited^'^°' 
not  less  than  one  hundred  nor  more  than  five  hundred  dol-  ^^^^  ^^^^ 
lars,  or  by  imprisonment  for  not  less  than  three  months  nor  p^j^^^ 
more  than  one  year,  or  both;  provided,  that  this  section 
shall  not  prohibit  any  person  from  placing  in  his  orchard 
or  in  or  near  his  dwelling  house,  barn  or  other  buildings, 
poison  for  the  purpose  of  destroying  rats,  w^oodchucks  or 
other  pests  of  like  nature,  or  from  placing  with  like  intent 
under  the  surface  of  his  lands  carbon  disulphide  in  any  of 
its  forms  or  any  other  poison  applied  in  a  manner  similar 
to  that  in  which  carbon  disulphide  is  applied.  The  director 
is  hereby  authorized  to  make  rules  and  regulations  and,  pur- 
suant to  the  terms  thereof,  to  issue  permits  to  the  owners 
of  forest  plantations  to  place  poison  for  the  extermination 
of  rats,  mice  and  other  pests  of  like  nature  therein,  and  to 
landowners  and  employees  of  municipal,  state  and  federal 
governments  to  place  poison  elsewhere,  for  the  control  of 
rats  and  mice  only,  in  connection  with  public  health,  wood 
tick  suppression  and  control,  propagation  and  protection  of 
other  wild  birds  and  mammals,  and  purposes  of  a  similar 
nature.  Possession  of  the  raw  fur  of  any  mammal  or  the 
dead  body  of  any  bird  killed  by  poison,  except  rats,  mice, 
woodchucks  or  other  pests  of  like  nature,  shall  be  prima  facie 
evidence  that  the  person  having  such  possession  has  violated 
this  section. 


794 


Acts,  1941.  — Chap.  599. 


Dogs  chas- 
ing deer. 


Hunting  on 
state  reser- 
vations, etc., 
regulated. 


Comniissioner 
may  acquire 
land  and 
accept  funds 
in  trust  for 
propagation 
of  useful 
mammals,  etc. 

Wild  life 
sanctuaries. 


Section  88.  The  director,  conservation  officers,  deputies, 
any  member  of  the  state  poUce,  or  any  officer  quahfied  to 
serve  criminal  process,  may  kill  a  dog  found  chasing  or 
hunting  deer  at  any  time,  if  the  dog  is  so  chasing  or  hunting 
with  the  knowledge  and  consent  of  his  owner  or  keeper,  and 
the  owner  or  keeper  shall  be  punished  by  a  fine  of  not  less 
.than  twenty  nor  more  than  fifty  dollars.  If  a  dog  has  twice 
been  found  chasing  or  hunting  deer,  and  the  owner  or  keeper 
of  the  dog  has  been  notified  on  each  occasion  by  the  director, 
and  the  same  dog  is  thereafter  found  chasing  or  hunting 
deer,  it  shall  be  prima  facie  evidence  that  such  chasing  or 
hunting  was  with  the  knowledge  and  consent  of  the  said 
owner  or  keeper. 

Section  89.  No  person  shall  hunt,  or  in  any  manner 
molest  or  destroy,  any  bird  or  mammal  within  the  bound- 
aries of  any  state  reservation,  park,  common,  or  any  land 
owned  or  leased  by  the  commonwealth  or  any  political  sub- 
division thereof,  or  any  land  held  in  trust  for  public  use, 
except  that  the  authorities  or  persons  ha\'ing  the  control  and 
charge  of  such  reservations,  parks,  commons  or  other  lands 
may,  with  such  limitations  as  they  may  deem  advisable, 
authorize  persons  to  hunt  within  said  boundaries  any  of  the 
unprotected  birds  named  in  section  fifty-three,  or  the  fur- 
bearing  mammals  mentioned  in  section  sixty-eight,  or  foxes, 
weasels  or  wildcats.  Such  an  authorization  shall  be  by 
written  license,  revocable  at  the  pleasure  of  the  authority  or 
person  granting  it.  The  boards,  officials  and  persons  having 
control  and  charge  of  such  reservations,  parks,  commons  or 
lands  owned  or  leased  or  held  for  public  use  shall  enforce 
this  section. 

This  section  shall  not  apply  to  state  forests  acquired  under 
section  thirty  or  thirty-three  of  chapter  one  hundred  and 
thirty-two  or  any  other  provision  of  law,  or  to  state  parks- 
and  reservations  under  the  control  of  the  division  of  parks 
and  reservations  of  the  department.  Nothing  in  this  section 
shall  be  deemed  to  prohibit  the  metropolitan  district  com- 
mission from  permitting  the  hunting  of  any  bird  or  mammal 
during  the  legal  open  season  on  the  same  in  any  area  under 
its  control. 

Section  90.  For  the  purpose  of  protecting  any  species  of 
useful  birds,  mammals  or  fish,  and  for  aiding  the  propaga- 
tion thereof,  the  commissioner  may  acquire  in  fee  by  pur- 
chase, gift  or  devise,  or  may  lease,  or,  with  the  consent  of 
the  owners,  may  control,  any  land,  water  or  shore  or  the 
right  to  use  the  same,  including  the  right  of  the  public  on 
such  land  or  on  or  in  such  water  or  shore,  as  a  wild  life 
sanctuary.  The  commissioner,  with  the  approval  of  the 
governor  and  council,  may  receive  in  trust  for  the  common- 
wealth any  grant  or  devise  of  land  or  any  gift  or  bequest  of 
personal  property  for  the  purpose  of  aiding  in  the  propaga- 
tion and  protection  of  any  useful  birds,  mammals  or  fish; 
provided,  that,  unless  approved  by  the  general  court,  no 
obligation  shall  be  imposed  on  the  commonwealth  to  expend 


Acts,  1941  —Chap.  599.  795 

in  the  carrying  out  of  any  trust  more  than  the  income  of  the 
trust  property,  or  more  than  the  income  and  principal 
thereof  if  by  the  terms  of  the  trust  the  principal  may  be 
expended.  Any  such  gift  or  bequest  of  money  or  securities 
shall  be  transferred  forthwith  to  the  state  treasurer,  who 
shall  administer  it  as  provided  in  section  sixteen  of  chapter 
ten. 

Section  91 .    In  respect  to  any  territory  mentioned  in  sec-  Rules  and 
tions  eighty-nine  and  ninety,  the  director  of  the  division  of  IaTo^»I^e"of 
wildlife  research  and  management  may  make  use  of  the  ^^^"^j^aries 
land,  water  or  shore  within  the  territory  as  he  deems  best  for  p^^^^^ , 
the  purpose  of  improving  the  feeding  and  nesting  environ- 
ment of  birds  or  mammals,  and  may  from  time  to  time  make 
such  rules  and  regulations  relating  to  such  use  as  he  deems 
proper,  and  such  rules  and  regulations,  when  approved  bj^ 
the  governor  and  council,  shall  have  the  force  of  law.    The 
director  of  the  division  of  wildlife  research  and  management 
may  liberate  birds  within  the  limits  of  the  said  territories, 
and,  when  in  his  opinion  such  action  is  advisable,  co-operate 
with  land  owners  within  such  territorj^  in  experiments  in  the 
propagation  of  birds  or  mammals.     Whoever  violates  any 
provision  of  such  rules  or  regulations  shall  be  punished  by  a 
fine  of  not  less  than  twenty  nor  more  than  one  hundred  dol- 
lars or  by  imprisonment  for  not  more  than  two  months,  or 
both. 

Section  92.  For  the  purpose  of  providing  public  shooting  Public  Bhout- 
grourds,  the  director  may  acquire  hy  gift,  and  shall  in  his  '"esrouuds. 
discretion  acquire  by  leases  not  to  exceed  five  years,  lands 
and  waters,  except  a  brook  or  stream  which  is  a  source  of  or 
a  tributary  to  a  public  water  supply,  within  the  common- 
wealth, or  either  of  such  lands  or  waters,  or  shooting  rights 
thereon  or  therein,  together  with  such  rights  of  ingress  to 
and  egress  from  such  lands  or  waters  as  maj^  be  necessary 
and  proper.  Said  director  may,  subject  to  the  provisions  of 
section  thirty-seven  of  chapter  thirty,  make  rules  and  regu- 
lations relative  to  hunting  on  any  lands  or  waters  acquired 
under  authority  of  this  section,  may  provide  a  penalty,  to 
consist  of  a  fine  of  not  to  exceed  twenty  dollars,  for  any 
violation  of  any  such  rule  or  regulation,  and  may  from 
time  to  time  close  or  open  such  lands  or  waters,  or  any 
part  thereof,  for  hunting. 

Section  93.     The  director  may  authorize  in  writing  any  Hunting,  etc., 
conservation  officer,  deputy,  warden,  or  the  owner  or  occu-  hamfiuo^*^'^" 
pant  of  any  land  within  any  such  territory,  or  any  other  ot^""  ^am- 
responsible  person,  to  hunt  or  trap,  within  the  said  terri-  in  w-i'id  uf'e 
tory  and  under  the  direction  of  the  director,  any  mammals  sa'^<=*^"*"««- 
or  birds  which  the  director  may  consider  harmful  to  other 
birds  and  mammals  or  to  agriculture,  or  to  take  or  remove 
the  nests  or  eggs  of  any  such  first  mentioned  birds. 

Section  94-     If  an  order  is  made  b}^  the  commissioner  Establishment 
establishing  a  wild  life  sanctuary,  as  provided  in  section  slnTtuary? 
ninety,  he  shall  cause  a  copy  of  the  order  to  be  published  notice,  pub- 
once  a  week  for  two  successive  weeks  in  one  or  more  news- 


796 


Acts,  1941— Chap.  599. 


Hunting,  etc. 
in  wild  life 
sanctuaries 
regulated. 


Firearms,  etc., 
barred  from 
wild  life 
sanctuaries. 


Penalty. 


Migratory  bird 
reservations. 
United  States 
may  acquire 
land,  etc.,  for. 


Possession, 
etc.,  of  fire- 
arms in  motor 
vehicles,  etc., 
regulated. 

Penalty. 


papers  published  in  the  counties  embracing  the  territory, 
and  shall  cause  copies  of  the  order  to  be  posted  in  con- 
spicuous places  within  the  cities  and  towns  where  the  terri- 
tory is  situated,  and  also  within  the  limits  of  the  territory 
itself.  If  a  great  pond  or  any  part  thereof,  or  any  seashore, 
is  included  within  the  territorj-,  a  copy  of  the  order  shall 
be  filed  in  the  office  of  the  clerk  of  each  city  and  town  border- 
ing upon  the  pond  or  seashore,  and  also  in  the  office  of  the 
state  secretary.  An  order  made  by  the  commissioner  in 
accordance  herewith  shall  take  effect  when  posted  as  above 
provided,  and  shall  contain  a  full  description  of  the  terri- 
tory so  established  and  the  period  for  which  it  is  closed. 

Section  95.  Whenever  such  wild  life  sanctuary  has  been 
established  by  an  order  as  provided  in  section  ninety-four, 
no  person,  except  as  provided  in  section  ninety-three,  shall 
hunt  or  trap  any  bird  or  mammal  within  the  said  territory, 
or  disturb  or  injure  any  nest,  eggs  or  young  of  such  bird  or 
mammal,  or  remove  the  eggs  or  young  from  the  nest. 

Section  96.  Except  as  provided  in  section  ninety-three, 
no  person  shall  enter  with  a  firearm  or  any  device  adapted 
for  killing  or  injuring  birds  or  mammals  or  with  a  trap  or 
snare  upon  any  territory  established  in  accordance  with 
section  ninety  as  a  wild  life  sanctuary. 

Whoever  violates  any  provision  of  this  section  or  section 
ninety-five  shall  be  punished  by  a  fine  of  not  less  than 
twenty  nor  more  than  one  hundred  dollars  or  by  imprison- 
ment for  not  more  than  two  months,  or  both. 

Section  97.  Consent  of  the  commonwealth  is  hereby 
given  to  the  acquisition  by  the  United  States,  bj^  purchase, 
gift,  devise  or  lease,  of  such  areas  of  land  or  water,  or  of 
land  and  water,  in  the  commonwealth,  as  the  United  States 
may  deem  necessary  for  the  establishment  of  migratory  bird 
reservations  in  accordance  with  the  act  of  congress  approved 
February  eighteenth,  nineteen  hundred  and  twenty-nine, 
known  as  the  migratory  bird  conservation  act,  and  acts  in 
amendment  thereof  and  in  addition  thereto  or  in  substitu- 
tion therefor,  reserving,  however,  to  the  commonwealth  full 
and  complete  jurisdiction  and  authority  over  all  such  areas 
not  incompatible  with  the  administration,  maintenance, 
protection  and  control  thereof  by  the  United  States  under 
the  terms  of  said  act  of  congress. 

/  Nothing  in  this  section  shall  be  deemed  to  permit  the  ac- 
quisition by  the  United  States  of  any  land  or  water,  or  any 
land  and  water,  without  the  prior  approval  of  such  acquisition 
by  the  commissioner.  ^ 

Section  98.  No  person  other  than  a  conservation  officer, 
deputy,  warden,  member  of  the  state  or  local  police,  special 
officer  or  persons  charged  with  the  protection  of  persons  or 
property  while  acting  in  the  discharge  of  their  respective 
duties  as  such,  shall,  except  upon  land  owned  or  occupied 
by  him,  have  in  his  possession  or  under  his  control  in  any 
motor  vehicle  or  motor  boat  a  loaded  shotgun  or  rifle;  and 
any  person  shall,  upon  the  demand  of  any  officer  authorized 


Acts,  1941.  — Chap.  599.  797 

to  enforce  this  chapter,  display  for  inspection  any  shotgun 
or  rifle  in  his  possession  or  under  his  control  in  a  motor  ve- 
hicle while  not  on  property  owned  or  occupied  by  him.  Who- 
ever violates  any  provision  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  twenty  nor  more  than  one  hundred 
dollars. 

Section  99.  Officers  in  charge  of  pubhc  buildings  in  cities  Extc^nunation 
and  such  officers  as  the  selectmen  designate  and  appoint  in  spa^^ws*^ 
towns  may  take  such  reasonable  means  and  use  such  ap- 
pliances, except  poison,  as  in  their  judgment  will  effectively 
exterminate  the  English  sparrow  and  starling  in  such  cities 
and  towns,  but  nothing  herein  shall  authorize  an  officer  to 
enter  on  private  property  without  the  consent  of  the  owner 
or  occupant  thereof.  Whoever  wilfully  resists  such  officers 
while  engaged  in  such  duties  or  knowingly  interferes  with  the 
means  used  by  them  for  such  purpose  shall  be  punished  by 
a  fine  of  not  less  than  twenty  nor  more  than  fifty  dollars. 

Section  100.  Whoever  fishes,  hunts  or  traps  on  private  Penalty  for 
land  without  permission  of  the  owner  or  tenant  thereof,  after  on  p*osfe(fiand. 
such  owner  or  tenant  has  conspicuously  posted  thereon 
notices,  bearing  thereon  the  name  of  such  owner  or  tenant, 
stating  thereon  that  fishing,  hunting  or  trapping  thereon,  as 
the  case  may  be,  is  prohibited,  shall  be  punished  by  a  fine 
of  not  more  than  twenty  dollars. 

Section  101.     No  person,  except  as  provided  in  this  chap-  Buying,  seii- 
ter  shall  buy,  sell,  barter,  exchange,  or  in  any  way  deal  in  or  dla/wrdfand 
trade  with  respect  to,  the  dead  or  living  bodies  of  birds  or  ^^^^^?^^\ 
mammals,  or  parts  thereof,  protected  by  the  law  in  this  p*^"  '  '  ^  ' 
commonwealth,    whenever   and   wherever   taken   or   killed. 
Whoever  violates  any  provision  of  this  section  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  nor  more  than  one  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  thirty 
days,  or  both. 

Section  102.     Any  fish,   game   birds  or  game  mammals  saie  of  deer, 
lawfully  taken  or  lawfully  propagated  without  the  common-  birdslatfiJi^^ 
wealth  may  be  purchased  by  any  dealer  licensed  under  sec-  g^^^'g'^  °e"  u'*^*^ 
tion  one  hundred  and  seven;   provided,  that  the  export  and  lated'. 
sale  is  lawful  in  the  state,  province  or  country  in  which  said 
fish,  birds  or  mammals  are  taken  or  from  which  they  are 
exported,  as  the  case  may  be;    and  provided,  further,  that 
all  shipments  shall  bear  the  name  of  the  consignee,  the  name 
of  the  consignor  and,  if  enclosed,  a  statement  of  the  contents 
contained  therein,  the  tag,  license  or  permit  number,  as  the 
case  may  be,  under  which  the  propagation,  sale  or  export  is 
made,  and  that  to  the  carcass  of  each  fish,  bird  or  mammal, 
or  part  thereof,  as  the  case  may  be,  is  attached  whatever 
mark  of  identification  is  required  by  the  state,  province  or 
country  from  which  the  carcass,  or  part  thereof,  of,  or  the 
carton,  package,  box  or  crate  containing,  such  fish,  birds  or 
mammals  is  shipped,  transported  or  delivered  to  any  point 
within  this  commonwealth;  and  provided,  further,  that  such 
sale,  transportation  or  exportation  is  not  contrary  to  federal 
legislation  or  regulation.    The  burden  of  proof  that  skins  of 


798 


Acts,  1941.  — Chap.  599. 


License 
required  for 
purchase  of 
certain  furs. 

Requirements. 
for,  etc. 

Penalty. 


mammals  subject  to  this  section  were  lawfully  taken  shall 
be  upon  the  person  possessing  the  same. 

Every  dealer  purchasing  or  dealing  in  any  fish,  birds  or 
mammals  subject  to  this  section  shall,  before  offering  ohe 
same  for  sale,  attach  to  the  body  of  each  fish  or  bird,  and  to 
each  mammal  or  part  thereof,  a  numbered  tag  as  provided 
in  section  one  hundred  and  five  or  such  other  identification 
mark  or  wrapper  as  the  director  may  prescribe  by  rule  or 
regulation  which  he  is  authorized  to  make.  Tags  required 
hereunder  for  fish  shall  be  furnished  by  the  director  at  cost. 

Section  103.  No  person,  except  as  provided  in  section 
one  hundred  and  seven,  shall  purchase  or  receive  minks, 
otters,  muskrats,  raccoons,  skunks,  foxes,  wildcats,  opossums, 
fitchews  commonly  known  as  fitch  or  weasels  (mustela 
putorius  furo),  or  the  skins  or  pelts  of  the  same,  or  of  any 
other  fur-bearing  mammals,  unless  such  person  shall  have 
first  obtained  a  fur  buyer's  license  from  the  director,  which 
licenses  the  director  is  hereby  authorized  to  issue  to  the 
following  classes  of  persons  upon  payment  of  fees  as  herein- 
after provided: 

(1)  A  citizen  of  the  United  States,  resident  in  this  com- 
monwealth for  at  least  six  consecutive  months  immediately 
prior  to  his  application  for  such  license,  a  "Resident  Citi- 
zen's Fur  Buyer's  License"  upon  payment  of  a  fee  of  ten 
dollars;  or 

(2)  A  citizen  of  the  United  States,  non-resident  in  this 
commonwealth,  a  "Non-Resident  Citizen's  Fur  Buyer's 
License"  upon  payment  of  a  fee  of  twenty-five  dollars. 

All  licenses  issued  hereunder  shall  expire  on  the  thirty- 
first  day  of  December  in  the  year  of  issue.  The  director 
may  for  cause  revoke  any  such  license. 

Except  as  otherwise  authorized  by  this  section,  no  per- 
son shall  ship,  transport  or  deliver,  by  parcel  post,  common 
carrier,  or  otherwise,  the  skin  of  any  fur-bearing  mammal 
unless  each  shipment  shall  bear  the  name  and  address  of  the 
consignee  and  consignor  and  the  kind  and  number  of  skins 
shipped. 

No  common  carrier  or  his  agent  shall  receive  within  the 
commonwealth  skins  or  pelts,  unless  marked  as  hereinbefore 
required. 

No  person  shall,  within  the  commonwealth,  wilfully  re- 
move, mutilate  or  destroy  any  part  of  a  tag  or  identification 
attached  to  a  container  in  which  such  skins  are  being  shipped. 

Nothing  in  this  section  shall  be  construed  to  prevent  the 
shipment  of  skins  of  mammals  out  of  this  commonwealth 
by  any  person  holding  a  license  under  this  section  or  section 
one  hundred  and  five;  provided,  that  his  license  number  and 
the  contents  of  the  package  are  plainly  marked  thereon  in 
the  English  language;  nor  shall  it  prohibit  the  purchase  of 
a  skin  or  skins  from  a  licensed  fur  dealer,  hunter  or  trapper 
for  the  personal  use  of  the  purchaser  and  not  for  sale. 

Any  skin  or  pelt  as  to  which  a  violation  of  any  provision 
of  this  section  has  occurred  shall  be  forfeited  to  the  com- 


Acts,  1941.— Chap.  599.  799 

monwealth  and  shall  be  disposed  of  by  the  du-ector  for  the 

best  interests  of  the  commonwealth. 

An  accurate  account  of  all  dealings  subject  to  this  section 
shall  be  kept  by  each  hcensee  hereunder,  including  the  names 
of  all  persons  from  whom  skins  have  been  obtained  or  to 
whom  skins  have  been  sold  or  otherwise  disposed  of,  and 
said  records  shall  be  open  for  inspection  at  all  reasonable 
times  by  the  director  or  his  authorized  agents. 

Any  person  licensed  hereunder  may  from  time  to  time 
designate  any  person  employed  by  him  to  act  as  sole  agent 
for  him  at  his  established  place  of  business  in  this  common- 
wealth. The  name  and  address  of  such  person  shall  be  filed 
forthwith  by  such  licensee  with  the  director,  and  no  person 
other  than  those  currently  so  designated  shall  act  as  the 
agent  of  the  Hcensee. 

Whoever  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars;  and,  in  addition,  any  license 
issued  under  this  section  to  such  person  found  guilty  of  or 
convicted  of,  or  penalized  in  any  manner  for,  violating  any 
provision  of  this  section  shall  be  void  and  shall  immediately 
be  surrendered  to  the  director  or  his  authorized  agent. 

Section  IO4.    The  director  is  hereby  authorized  to  issue  Taxidermists 
a  "Taxidermist's  License",  upon  payment  of  a  fee  of  five  ^'"^"^^  • 
dollars,  to  any  person  residing  in  or  maintaining  an  estab- 
Ushed  business  in  this  commonwealth.     Any  Hcensee  here-  Conduct  of 
under  may  practice  taxidermy  for  profit  and  may  receive  taridermy 
from  any  person  any  fish,  bu"d  or  mammal  which  has  been  ^'^  general, 
lawfully  taken  or  accidentally  kiUed,  may  keep  such  speci- 
men, or  any  part  thereof,  in  possession  indefinitely,  may 
tan,  cure,  mount  or  preserve  the  same,  either  himself  or 
through  any  authorized  employee,  and  may  sell  or  dispose 
of  any  unclaimed  specimen  to  any  person  for  the  tanning, 
curing,  mounting  or  preserving  charge  only;  and  may  mount, 
or  acquire  and  seU,  any  fish,  bird  or  mammal  which  was 
raised  under  authority  of  a  propagating  license  issued  under 
section  one  hundred  and  seven.    Before  any  such  specimen 
is  sold,  shipped  or  transported  to  a  non-resident  of  this  com- 
monwealth a  permit  therefor  shall  be  obtained  from  the 
director. 

No  taxidermist  shaU  mount,  tan,  cure  or  otherwise  pre- 
serve, as  the  case  may  be,  any  fish,  bird  or  mammal,  or  part 
thereof,  protected  by  this  chapter,  which  was  not  lawfully 
taken  or  killed  during  the  open  season,  or  under  the  authority 
of  a  propagator's  license,  until  the  owner  thereof  presents 
a  permit  therefor  obtained  from  the  director;  authority  to 
issue,  without  fee,  any  permit  authorized  by  this  section 
being  hereby  granted  to  the  director. 

The  holder  of  such  license  issued  under  this  section  may 
ship  from,  or  remove  or  permit  the  removal  out  of,  the  com- 
monwealth of  any  specimen  of  a  fish,  bird  or  mammal,  or 
part  thereof,  protected  by  this  chapter,  which  was  lawfully 
taken  or  is  otherwise  lawfully  possessed  by  a  non-resident  of 


800 


Acts,  1941.  — Chap.  599. 


Possession 
of  live  birds 
and  mammals 
protected  by 
law,  regulated. 

Propagator's 
license. 


the  commonwealth  and  shipped  or  delivered  to  the  holder 
of  such  license  for  mounting,  tanning,  curing  or  preserving; 
provided,  that  the  package  or  container  containing  the  same 
is  plainly  marked  in  the  English  language  and  that  a  permit 
has  been  granted  by  the  director  authorizing  such  export; 
and  any  such  licensee  may  ship  from  the  commonwealth,  or 
remove  or  permit  the  removal  out  of  the  commonwealth  of, 
any  such  specimen  or  part  thereof  so  taken  or  possessed  and 
so  shipped  or  delivered,  to  any  person  lawfully  engaged  in 
fur-dressing,  tanning,  curing  or  taxidermy  in  another  state, 
but  solely  for  the  purpose  of  dressing,  tanning,  curing  or 
mounting,  and  return  to  such  licensee. 

All  licenses  issued  hereunder  shall  expire  on  the  thirty- 
first  day  of  December  in  the  year  of  issue.  The  director 
may  for  cause  revoke  any  license  issued  under  this  sec- 
tion. 

Section  105.  Except  as  otherwise  provided  in  this  chap- 
ter, no  person  shall  have  in  his  possession  at  any  time  a  live 
bird  or  mammal  which  is  protected  hy  this  chapter;  but  the 
director,  upon  written  application  to  him,  may  issue  to  any 
person  one  or  more  propagator's  licenses  under  section  one 
hundred  and  seven. 

Birds  or  mammals  had  in  possession  under  any  such  li- 
cense may  be  sold  at  any  time,  except  that  if  sold  for  food 
they  shall  be  killed,  and  shall  be  tagged  as  follows:  —  To  the 
carcass  of  each  bird  and  mammal  or  part  thereof,  shall  be 
affixed  a  numbered  tag,  to  be  supplied  by  the  director  at  a 
cost  of  five  cents  each  and  in  accordance  with  rules  and  regu- 
lations which  the  director  is  hereby  authorized  to  make. 
Every  package  containing  birds  or  mammals  killed  under 
authority  of  this  section,  or  parts  of  such  birds  or  mammals, 
shall  be  plainly  labelled  in  the  English  language  with  the 
name  of  the  holder  of  the  license  by  whom,  or  under  whose 
authority,  such  birds  or  mammals  were  killed,  with  the  name 
of  the  consignee,  and  with  a  statement  of  the  number  and 
kind  of  birds  or  mammals,  or  parts  thereof,  contained  therein. 
All  carcasses  or  parts  thereof  shall  remain  entire  and  un- 
plucked  until  the  time  when  they  are  prepared  for  consump- 
tion as  food.  The  sale  of  any  carcass,  or  part  thereof,  not 
having  at  the  time  affixed  thereto  the  tag  required  by  this 
section  shall  be  punished  as  provided  in  section  one  hundred 
and  thirteen. 

Nothing  herein  shall  be  construed  to  permit  the  possession 
of  a  live  bird  or  mammal  by  a  person  purchasing  or  receiving 
such  bird  or  mammal  from  a  holder  of  a  propagator's  license 
unless  such  purchaser  or  receiver  shall  also  hold  a  license 
under  this  chapter  authorizing  him  so  to  possess. 

An  accurate  account  of  all  dealings  subject  to  this  section 
shall  be  kept  by  each  licensee  hereunder,  including  the  names 
of  persons  from  whom  an}^  birds  or  mammals,  alive  or  dead, 
or  parts  thereof,  have  been  obtained  or  to  whom  any  such 
birds  or  mammals,  or  parts  thereof,  have  been  sold  or  other- 
wise disposed  of,  and  said  records  shall  be  open  for  inspection 


Acts,  1941.  — Chap.  599.  801 

at  all  reasonable  times  by  the  director  or  his  authorized 
agents. 

No  person  licensed  under  authority  of  this  section  shall 
transfer  any  live  bird,  or  the  eggs  thereof,  or  any  live  mam- 
mal, to  any  person  by  means  of  sale,  gift,  donation  or  other- 
wise, unless  such  last  mentioned  person  shall  first  be  there- 
unto licensed  under  section  one  hundred  and  seven. 

Nothing  in  this  section  shall  be  construed  to  prohibit  the 
transportation  to,  or  use  at,  a  gunning  stand  or  blind  of  live 
duck  or  goose  decoys  when  the  use  of  such  duck  or  goose 
decoys  is  authorized  or  permitted  by  federal  and  state  laws, 
rules  and  regulations. 

Section  106.  The  director,  upon  written  application  to  Licenses  to 
him,  may  issue  to  any  person  a  dealer's  license  under  clause  bfrVand*^"" 
(6)  of  section  one  hundred  and  seven,  authorizing  the  holder  ^^[g^by  faw' 
thereof  to  engage  in  the  business  of  buying,  selling  or  offering 
for  sale,  for  food  purposes,  the  carcasses,  or  parts  thereof, 
of  fish,  birds  or  mammals  protected  by  this  chapter  and 
tagged  in  accordance  with  the  pertinent  provisions  of  this 
chapter  and,  as  to  fish,  with  such  rules  and  regulations  govern- 
ing the  dealing  in  fish  as  the  director  may  lawfully  make; 
provided,  that  any  person  holding  a  propagator's  license  may 
sell  or  offer  for  sale,  birds  or  mammals,  alive  or  dead,  or 
parts  thereof,  in  accordance  with  section  one  hundred  and 
seven  without  procuring  a  dealer's  license;  and  provided, 
further,  that  any  person  licensed  under  clause  (3)  of  section 
one  hundred  and  seven  to  propagate,  cultivate  and  maintain 
fish,  or  to  sell,  or  offer  the  same  for  sale,  alive  or  for  food  pur- 
poses, may- do  so  without  procuring  a  license  under  said 
clause  (6). 

No  license  shall  be  required  of  any  person  purchasing  any 
such  fish,  bird  or  mammal,  or  part. thereof,  for  his  own  per- 
sonal use  for  food,  from  a  person  holding  a  license  under 
section  one  hundred  and  five. 

Section  107.    No  person  shall  engage  in  the  propagation,  License  to 
cultivation  or  maintenance  of,  or  the  dealing  in  fish,  birds  propagation 
or  mammals,  or  parts  thereof,  as  provided  in  section  thirty-  °ieai*ngiT'^ 
nine,  one  hundred  and  five  or  one  hundred  and  six  without  fish,  etc. 
first  having  obtained  a  propagator's  or  dealer's  license,  as  Rules  a.nd 
the  case  may  be,  authorizing  him  so  td  do.  regulations. 

The  director,  with  the  approval  of  the  governor  and  coun-  ^^"''^^y- 
cil,  may  make,  and  may  alter,  amend  or  repeal,  rules  and 
regulations  governing  the  possession,  propagation,  mainte- 
nance, disposition,  purchase,  exchange,  sale  or  offering  for 
sale  of  fish,  birds  or  mammals,  or  parts  thereof,  protected 
by  this  chapter;  and  may  issue  licenses  in  accordance  with 
such  rules  and  regulations.  Each  such  license  shall  specify 
the  degree  to  which  fish,  birds,  or  mammals,  or  parts  thereof, 
may  be  propagated,  cultivated,  maintained,  disposed  of,  or 
dealt  in,  and  the  section  with  respect  to  which  such  license 
is  issued. 

No  person,  club  or  association  operating  under  authority 
of  a  license  issued  as  hereinbefore  provided  shall  sell  for  food 


802  Acts,  1941.  — Chap.  599. 

fish  if  of  a  size  prohibited  by  this  chapter  or  by  any  rule  or 
regulation  made  under  authority  thereof. 

Whoever  violates  any  provision  of  section  thirty-nine  or 
of  sections  one  hundred  and  two  to  one  hundred  and  six, 
inclusive,  or  of  this  section,  or  of  any  rule  or  regulation 
made  under  authority  of  any  of  said  sections,  or  counterfeits 
or  uses  again  any  tags  used  as  provided  in  section  one  hun- 
dred and  two,  one  hundred  and  five  or  one  hundred  and  six, 
or  any  rule  or  regulation  relative  thereto  made  under  au- 
thority of  any  of  said  sections,  shall  for  the  first  offence  be 
punished  as  provided  in  section  one  hundred  and  thirteen  and 
for  a  subsequent  offence  by  imprisonment  for  not  more  than 
three  months. 
Licenses,  to  Liceuses  uudcr  this  section  shall  be  issued  to  the  follow- 

wnom  issued.       .  ,  « 

mg  classes  of  persons :  — 

(1)  To  any  individual,  a  special  propagator's  license  to 
possess,  propagate  and  maintain  fish  at  any  time  for  the 
personal  use  of  himself,  his  immediate  family  or  guests;  or 
to  any  club  or  association,  or  its  members  or  guests,  a  special 
propagator's  license  to  possess,  propagate  and  maintain  fish 
at  any  time  for  the  purpose  of  fishing  within  waters  under 
the  control  of  such  club  or  association  for  the  personal  use 
of  the  members  or  guests  thereof. 

(2)  To  any  individual,  club  or  association,  a  special  propa- 
gator's license  to  possess,  propagate  and  maintain  fish  for 
the  purpose  of  liberation  into  public  waters,  for  which  there 
shall  be  no  fee. 

(3)  To  any  individual,  club  or  association,  a  propagator's 
license  to  possess,  propagate,  maintain,  buy,  sell  or  other- 
wise dispose  of  fish  at  any  season  of  the  year. 

(4)  To  any  individual,  a  propagator's  license  to  possess, 
maintain,  buy,  sell,  offer  for  sale  or  have  in  possession  for 
the  purpose  of  sale  birds  or  mammals. 

(5)  To  any  individual,  club  or  association,  a  special  propa- 
gator's license  to  possess  birds  or  mammals  to  propagate  for 
the  purpose  of  liberation  into  covers  open  to  public  hunting, 
for  which  there  shall  be  no  fee. 

(6)  To  any  individual,  a  dealer's  license  to  possess,  buy, 
sell,  or  offer  for  sale,  fish,  birds  or  mammals  lawfully  taken 
or  lawfully  propagated  without  the  commonwealth  or  law- 
fully propagated  within  the  commonwealth. 

(7)  To  any  individual,  a  license  to  possess,  but  not  to  sell 
except  under  authority  of  a  permit  from  the  director,  au- 
thority to  issue  such  permits  being  hereby  granted  to  the 
director,  an  individual  bird  or  mammal  as  a  pet,  or  for  the 
purpose  of  training  dogs. 

Fees.  The  initial  fee  for  a  license  issued  in  accordance  with  this 

section  under  clauses  (3),  (4)  and  (6)  shall  be  five  dollars, 
and  for  each  annual  renewal  thereof  three  dollars;  the  initial 
fee  for  a  license  issued  under  clause  (1)  shall  be  two  dollars, 
and  for  each  annual  renewal  thereof  one  dollar;  and  the 
initial  fee  for  a  license  issued  under  clause  (7)  shall  be  one 
dollar,  and  for  each  annual  renewal  thereof  fifty  cents. 


Acts,  1941.  — Chap.  599.  803 

All  licenses  issued  under  clauses  (1)  to  (7),  inclusive,  of 
this  section  shall  expire  on  December  thirty-first  of  the  year 
of  issue  unless  sooner  revoked  for  cause. 

Section  108.    Sections  one  hundred  and  one  to  one  hun-  Application 
dred  and  seven,  inclusive,  shall  not  apply  to  natural  history  HnTited.*^'^ 
associations  and  museums  or  zoos,  so  called,  open  to  the 
public,  and  sections  one  hundred  and  two  to  one  hundred 
and  six,  inclusive,  shall  not  apply  to  holders  of  the  certifi- 
cates provided  for  in  section  fifty-three. 

Section  109.  Whoever  in  any  city  or  town  kills  a  wildcat,  Bounty  on 
Canada  lynx  or  loupcervier  not  being  in  captivity  shall,  upon 
producing  satisfactory  evidence  of  such  kilHng,  be  entitled 
to  receive  from  the  treasury  of  the  cit}^  or  town  the  sum  of 
ten  dollars,  and  all  sums  so  paid  out  shall  be  repaid  to  the 
city  or  town  treasurer  by  the  treasurer  of  the  county  where 
the  city  or  town  is  situated;  provided,  that  a  sworn  state- 
ment thereof  shall  be  transmitted  by  the  city  or  town  treas- 
urer to  the  county  treasurer. 

Section  110.     No  person  shall  conduct  or  maintain  a  gun-  Certificates 
ning  stand  or  blind  unless  it  is  registered  as  hereinafter  pro-  Fo/gunning"" 
vided.    For  the  purpose  of  this  section,  a  gunning  stand  or  blinds,  etc. 
bUnd  shall  mean  anj'-  building  or  blind,  so  called,  conducted  ^e'^- 
and  maintained  for  the  purpose  of  taking  anatidae  by  the  use  ^rt^jjcate 
of  live  duck  and  goose  decoj^s  on  the  shore  of  any  body  of 
water  or  on  any  tidal  marshes,  flats  or  beaches.     Whoever 
violates  any  provision  of  this  paragraph  shall  be  punished 
by  a  fine  of  not  less  than  twenty  nor  more  than  one  hundred 
dollars. 

The  director  shall,  upon  application  of  any  person,  issue 
a  certificate  of  registration  of  a  gunning  stand  or  blind.  Such 
application  shall  be  signed  by  the  applicant,  or,  if  the  appli- 
cant is  an  association  or  corporation,  by  all  the  members  or 
stockholders  thereof,  shall  be  made  upon  a  blank  furnished 
by  the  director,  shall  contain  such  information  as  may  be 
required  by  the  director,  and  shall  be  accompanied  by  a  fee 
of  two  dollars  and  seventy-five  cents.  The  certificate  of 
registration  shall  bear  the  name  and  address  of  the  person 
conducting  or  maintaining  such  stand  or  blind  and  its  loca- 
tion. Said  certificate  shall  be  valid  for  use  to  and  including 
the  following  December  thirty-first.  The  director  may  re- 
voke any  such  certificate  of  registration  if  it  appears  to  him 
that  there  has  been  any  violation  of  this  chapter  upon  the 
registered  premises,  and  shall  not  issue  a  new  certificate  to 
the  same  registrant  or  covering  the  same  premises  for  a 
period  of  one  year  following  its  revocation. 

Any  person  who  loses,  or  by  mistake  or  accident  destroys, 
any  certificate  issued  under  authority  of  this  section  may, 
upon  application  to  the  director,  accompanied  by  an  affidavit 
setting  forth  the  circumstances  of  such  loss,  receive  a  dupli- 
cate certificate  upon  the  payment  of  a  fee  of  fifty  cents. 

Section  111.     No  person  shall  bring  or  cause  to  be  brought  ^fP"^^*^^^**" 
into  the  commonwealth  any  live  bird  or  mammal  protected  birds  and 
by  this  chapter,  or  any  member  of  the  family  sciuridae  of  the  ^^^ed. 


804 


Acts,  1941. —  Chap.  599. 


Penalty. 


Training  of 
hunting  dogs. 


Penalty  and 
forfeiture. 


order  rodentia,  unless  he  first  obtains  a  permit  so  to  do  from 
the  director,  nor  shall  any  person  liberate  any  bird  or  mam- 
mal, wild  by  nature,  other  than  birds  used  as  decoys  at  the 
time  of  such  liberation,  except  in  accordance  with  the  pro- 
visions of  an  outstanding  permit  issued  to  him.  The  director 
may  issue  such  a  permit  and  may  include  therein  reasonable 
conditions  as  to  the  importation,  inspection  and  liberation  of 
said  birds  or  mammals;  and  he  may  at  any  time  for  cause 
revoke  such  a  permit.  He  may  make,  and  may  alter,  amend 
or  repeal,  reasonable  rules  and  regulations  relative  to  the 
issue  of. such  permits  and  to  the  importation,  inspection  and 
liberation  of  birds  and  mammals  which  are  wild  by  nature. 
Whoever  violates  any  condition  of  a  permit  granted  here- 
under shall  be  punished  as  provided  in  section  one  hundred 
and  thirteen. 

Any  such  bird  or  mammal  which  is  brought  into  the  com- 
monwealth in  violation  of  this  section,  or  which  is  so  brought 
under  authorit}^  of  a  permit  granted  hereunder  and  is  found 
upon  inspection  to  be  diseased,  may  be  confiscated  by  any 
officer  empowered  to  enforce  this  chapter  and  shall  be  for- 
feited to  the  commonwealth  and  shall  be  disposed  of  by  the 
director  for  the  best  interests  of  the  commonwealth. 

Section  112.  Nothing  in  this  chapter  shall  be  construed 
to  prohibit  the  training  of  hunting  dogs,  so  called;  provided, 
that,  except  during  the  open  seasons  provided  by  this  chap- 
ter, no  firearms  may  be  carried  by  the  person  so  training 
such  dogs;  nor  shall  it  be  construed  to  prevent  the  holding 
.of  field  trials  for  such  dogs,  if  authorized  by  a  permit  from 
the  director  and  conducted  in  accordance  with  such  rules 
and  regulations  as  he  may  prescribe,  authority  to  issue  such 
permits  and  to  make,  alter,  amend  and  repeal,  such  rules 
and  regulations  being  hereby  granted  to  him.  Nothing  in 
this  chapter  shall  be  construed  to  require  a  person  attending 
or  participating  in  such  a  field  trial  to  secure  sporting  or 
hunting  licenses;  provided,  that  no  firearms  are  carried  by 
such  person  and  no  birds  or  mammals  are  taken  or  killed 
by  him. 

Section  113.  Unless  the  context  otherwise  requires,  a 
violation  of  any  provision  of  this  chapter,  or  of  any  rule  or 
regulation  made  under  authority  thereof,  for  which  no  other 
penalty  is  provided,  shall  be  punished  bj^  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars  for  each  fish,  bird  or 
.  mammal,  or  part  thereof,  in  respect  to  which  such  violation 
occurs,  or  each  provision,  rule  or  regulation  in  respect  to 
which  such  violation  occurs.  Any  net,  trap,  snare,  jacklight 
or  other  similar  device  used  by  any  person  in  violation  of  any 
provision  of  said  chapter,  or  of  any  such  rule  or  regulation, 
and  any  bird  or  mammal  taken  in  violation  of  any  provision 
of  said  chapter,  or  of  any  such  rule  or  regulation,  shall,  upon 
a  finding  of  guilty,  be  forfeited  to  the  commonwealth  and 
shall  be  disposed  of  by  the  director  for  the  best  interests  of 
the  commonwealth. 


Acts,  1941.  — Chap.  599.  805 


MISCELLANEOUS   PROVISIONS. 

Section  11 4.     For  the  purposes  of  this  chapter,  no  tidal  J^gned!'''''"' 
stream  shall  be  considered  navigable  above  the  point  where, 
on  the  average  throughout  the  year,  it  has  a  channel  less 
than  forty  feet  wide  and  four  feet  deep  during  the  three 
hours  nearest  the  hour  of  high  tide. 

Section  115.    Actions  and  prosecutions  under  this  chapter  Limitation 
shall,  unless  otherwise  expressly  provided,  be  commenced  °f '''=*^'°"^- 
within  two  years  after  the  time  when  the  cause  of  action 
accrued  or  the  offence  was  committed. 

Section  116.    This  chapter  shall  not  be  deemed  to  affect  special  laws 

.    .  , ,  •  i    •         1  •     •^  not  repealed. 

any  provisions  or  penalties  contained,  or  any  privileges 
granted,  in  any  special  statute  relating  to  fisheries  in  any 
particular  place. 

Section  117.    Whoever,  while  intoxicated,  hunts  or  carries  Hunting  vvhiie 
a  rifle  or  shotgun  while  hunting,  shall  be  punished  by  a  fine  ^  °''|°'' 
of  not  less  than  ten  nor  more  than  fifty  dollars.  *^"^  '^' 

Section  118.     If  any  part,  section  or  subdivision  of  this  Partial  invalid- 
chapter,  or  the  application  thereof,  shall  be  held  invalid,  'ter,°effeot^o"f. 
unconstitutional  or  inoperative  as  to  any  particular  person, 
persons  or  conditions,  the  remainder  hereof,  or  the  applica- 
tion of  any  such  part,  section  or  subdivision  to  other  persons 
and  conditions,  shall  not  be  affected  thereby. 

Section  3.     Chapter  twenty-one  of  the  General  Laws  is  Ed^^i^^'new 
hereby  amended  by  inserting  after  section  six,  as  appearing  §  6a,  inserted. 
in  the  Tercentenary  Edition,  the  following  new  section:  — 
Section  6 A .     There  shall  be  in  the  division  a  bureau  of  law  Bureau  of 
enforcement,  under  the  charge  of  a  chief  conservation  officer,  ment  cr°eated. 
All  conservation  officers,  deputy  conservation  officers  and 
fish  and  game  wardens  of  the  division  shall  be  assigned  to 
duty  in  said  bureau.    The  director  shall,  subject  to  the  pro- 
visions of  section  three,  enforce  chapter  one  hundred  and 
thirty-one  and  all  other  provisions  of  law  relative  to  inland 
fisheries,  birds  and  mammals  and  in  the  enforcement  thereof 
may  act  through  said  bureau.     The  director  shall,  subject 
to  the  provisions  of  section  three,  have  general  supervision 
of  all  such  enforcement  officers. 

Section  4.     Clause  (41)  of  section  five  of  chapter  forty  g.  l.  (Ter. 
of  the  General  Laws,  inserted  by  section  one  of  chapter  ci.  (41),  etc' 
one  hundred  and  forty-two  of  the  acts  of  nineteen  hun-  amended. 
dred  and  thirty-eight,  is  hereby  amended  by  striking  out,  in 
the  fourth  fine,  the  words  "twenty-nine  A"  and  inserting  in 
place  thereof  the  word :  —  thirty-one,  —  so  as  to  read  as  fol- 
lows:—  (41)  For  the  purpose  of  stocking  ponds  and  other  stocking  waters 
inland  waters,  located  within  the  town  limits,  with  fish  and  funds^for.  ^*" " 
of  liberating  game,  as  defined  in  section  one  of  chapter  one 
hundred  and  thirty-one,   within  said  hmits  and  to  meet 
necessary  expenses  incidental  thereto,  including  the  feeding 
of  game  so  liberated,  a  sum  not  to  exceed  five  hundred  dol- 
lars.   Two  or  more  towns  bordering  upon  the  same  pond  or 
other  inland  waters  may  join  in  stocking  the  same  here- 


806 


Acts,  1941.  — Chap.  600. 


Civil  service 
status  of  certain 
employees 
unimpaired. 


Construction 
of  act. 

Department  of 
public  health. 


Construction 
of  act. 

Metropolitan 
district  com- 
mission. 


Expiration 
of  existing 
licenses. 


Effective 
date. 


under.  The  stocking  of  waters  with  fish  and  the  liberation 
of  game  hereunder  shall  be  subject  to  the  written  approval 
of  the  director  of  the  division  of  fisheries  and  game  of  the 
department  of  conservation. 

Section  4A.  Employees  of  the  division  of  fisheries  and 
game  of  the  department  of  conservation  who  are  assigned  to 
duty  in  the  bureau  of  law  enforcement  in  said  division,  as 
provided  in  section  tliree  of  this  act,  and  who  are  subject  to 
the  civil  service  laws,  shall  serve  in  said  bureau  without  im- 
pairment of  their  civil  service  status,  shall  retain  any  step 
increases  from  the  minimum  pay  of  their  grade  earned  dur- 
ing their  service  prior  to  said  assignment,  and  for  retire- 
ment purposes  their  service  with  the  commonwealth  shall  be 
deemed  to  be  creditable  service. 

Section  5.  Nothing  in  this  act  shall  be  construed  as 
authorizing  any  violation  of  the  rules  and  regulations 
adopted  by  the  department  of  public  health  to  prevent  the 
pollution  and  secure  the  sanitary  protection  of  waters  used 
as  sources  of  water  supply  under  any  provision  of  section  one 
hundred  and  sixty  of  chapter  one  hundred  and  eleven  and 
section  seventeen  of  chapter  ninety-two  of  the  General  Laws. 

Section  5 A.  Nothing  in  this  act  shall  be  construed  as 
authorizing  any  person,  without  a  permit  from  the  metro- 
pohtan  district  commission,  to  enter  or  go  upon  the  land  of 
the  water  division  of  said  commission  or  to  authorize  any 
violation  of  any  rule  or  regulation  adopted  by  the  commis- 
sion to  prevent  the  pollution  and  to  secure  the  sanitary 
protection  of  the  waters  used  as  sources  of  water  supply  for 
the  metropolitan  water  district. 

Section  6.  All  permits,  licenses  and  certificates  of  regis- 
tration issued  under  authority  of  any  provision  of  chapter 
one  hundred  and  thirty-one  of  the  .General  Laws,  as  in  force 
immediately  prior  to  the  effective  date  of  this  act,  or  issued 
under  corresponding  provisions  of  earlier  laws,  and  in  force 
and  effect  on  said  effective  date,  shall  expire  December 
thirty-first,  nineteen  hundred  and  forty-one. 

Section  7.  This  act  shall  become  effective  on  January 
first,  nineteen  hundred  and  forty- two. 

Approved  August  2,  1941- 


Chap. 600  An  Act  relative  to  payment  of  the  compensation  of 
members  of  the  general  court. 

Emergency  Wkeveas,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purposc,  which  in  part  is  to  provide  for  pay- 

ments on  account  of  compensation  to  members  of  the  general 
court,  during  the  current  session,  in  addition  to  those  now 
authorized  by  law,  so  that  the  payment  of  a  substantial  part 
of  the  compensation  of  such  members  may  not  be  unduly 
deferred  by  the  unusual  prolongation  of  the  session,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 


Acts,  1941.  — Chap.  600.  807 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nine  of  chapter  three  of  the  General  EJ^'s^rQ 
Laws,  as  most  recently  amended  by  section  one  of  chapter  etc.,  amended. 
three  hundred  and  seven  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  further  amended. by  inserting  after 
the  word  "session"  in  the  twenty-second  line  the  words:  — 
,  or  eight  hundred  dollars  if  such  session  continues  beyond 
July  first,  —  so  as  to  read  as  follows :  —  Section  9.  Each  of"°'P^'Jfg*rg°j5 
member  of  the  general  court  shall  receive,  for  the  regular  general  court. 
session,  twenty-five  hundred  dollars,  and  also  four  dollars 
and  twenty  cents  for  every  mile  of  ordinary  traveling  dis- 
tance 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  representatives  shall  each  receive  twenty- 
five  hundred  dollars  additional  compensation.  Each  mem- 
ber of  the  general  court  shall  be  entitled  to  be  paid  his  com- 
pensation 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  legisla- 
tive 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  proportion  then  due  at  the  afore- 
said rate;  provided,  that  the  state  treasurer,  in  his  discre- 
tion, may,  during  such  regular  session,  make  additional  pay- 
ments on  account,  in  excess  of  such  monthly  rate,  to  any 
member  making  written  request  therefor,  but  the  amount 
of  such  additional  payments  shall  not  exceed,  in  the  aggre- 
gate, three  hundred  dollars  in  any  one  such  session,  or  eight 
hundred  dollars  if  such  session  continues  beyond  July  first, 
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 
allowance  to  meet  expenses  incurred  by  him  as  such  mem- 
ber 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.  It  is  hereby  declared  to  be  the  intent  of  the  Effective 
general  court  that  all  the  amendments  of  section  nine  of  "^^^^  °^  ''°*' 
chapter  three  of  the  General  Laws,  made  by  section  one  of 
chapter  three  hundred  and  seven  of  the  acts  of  nineteen 
hundred  and  forty-one  and  by  this  act,  shall  take  effect  as 
soon  as  this  act  has  the  force  of  law,  conformably  to  the 
constitution.  Approved  August  2,  1941. 


808 


Acts,  1941. —  Chap.  601. 


G.  L.  (Ter. 
Ed.),  207, 
new  §  20B, 
nserted. 


Certificate 
of  physician 
to  accompany 
notice  of 
intention  of 
marriage. 

Penalty. 


ChaV  601  ^^  "^^'^  FURTHER  REGULATING  THE  FILING  OF  NOTICES  OF 
INTENTION  OF  MARRIAGE,  AND  THE  DELIVERY  OF  CER- 
TIFICATES OF  SUCH  INTENTION  AND  THE  RETURN  OF  UN- 
USED   CERTIFICATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  seven  of  the  Gen- 
eral Laws  is  hereby  amended  by  inserting  after  section  twenty 
A,  inserted  by  section  three  of  chapter  two  hundred  and 
sixty-nine  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
the  following  new  section :  —  Section  20B,  Except  as  here- 
inafter provided,  such  notice  of  intention  of  marriage  shall 
not  be  accepted  by  the  clerk  or  registrar  until  he  has  re- 
ceived from  each  party  to  the  intended  marriage  a  certifi- 
cate signed  by  a  registered  physician  who  has  examined  such 
party  as  hereinafter  provided.  If  such  physician,  in  making 
such  examination,  discovers  evidence  of  any  infectious  dis- 
ease declared  by  the  state  department  of  public  health  to 
be  dangerous  to  the  public  health,  he  shall  inform  both 
parties  of  the  nature  of  such  infectious  disease  and  of  the 
possibilities  of  transmitting  the  same  to  his  or  her  marital 
partner  or  to  their  children.  Such  examination  shall  include 
a  standard  serological  test  for  syphilis  and  said  test  shall  be 
made  by  a  laboratory  of  said  department  or  by  a  laboratory 
approved  by  it  for  such  test. 

Such  certificate  shall  read  as  follows :  —  I  (name  and  ad- 
dress of  physician),  a  registered  physician  of  (city  or  town) 
in  the  commonwealth  of  Massachusetts  on  oath  declare  that 
on  (day,  month,  year)  I  examined  (name  and  address  of 
party)  in  accordance  with  section  twenty  B  of  chapter  two 
hundred  and  seven  of  the  General  Laws. 

The  examination  by  such  phj^sician  and  the  laboratory 
test  shall  be  made  not  more  than  thirty  days  before  the  filing 
of  the  notice  of  intention  of  marriage.  Whoever  fails  to 
comply  with  this  section  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars.  In  extraor- 
dinary or  emergency  cases  where  the  death  of  either  party 
is  imminent  or  where  the  female  is  near  the  termination  of 
her  pregnancy,  upon  the  authoritative  request  of  a  min- 
ister, clergyman,  priest,  rabbi  or  attending  physician,  the 
clerk  or  register  may  accept  such  notice  of  intention  with- 
out having  received  the  physician's  certificate  hereinbefore 
referred  to. 

Section  2.  Section  twenty-eight  of  said  chapter  two 
hundred  and  seven,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  striking  out,  in  the  third  and  in 
the  eleventh  lines,  the  words  "six  months"  and  inserting  in 
place  thereof,  in  each  instance,  the  words :  —  sixty  daj^s,  — 
so  as  to  read  as  follows :  —  Section  28.  On  or  after  the  fifth 
day  from  the  filing  of  notice  of  intention  of  marriage,  except 
as  otherwise  provided,  but  not  in  any  event  later  than  sixty 
days  after  such  filing,  the  clerk  or  registrar  shall  deliver 


G.  L.  (Ter. 
Ed.),  207,  §  28. 
amended. 


Certificate 
of  intention 
of  marriage. 


Acts,  1941.  — Chap.  602.  809 

to  the  parties  a  certificate  signed  by  him,  specifying  the  date 
when  notice  was  filed  with  him  and  all  facts  relative  to  the 
marriage  which  are  required  by  law  to  be  ascertained  and 
recorded,  except  those  relative  to  the  person  by  whom  the 
marriage  is  to  be  solemnized.  Such  certificate  shall  be  de- 
livered to  the  minister  or  magistrate  before  whom  the  mar- 
riage is  to  be  contracted,  before  he  proceeds  to  solemnize 
the  same.  If  such  certificate  is  not  sooner  used,  it  shall  be 
returned  to  the  office  issuing  it  within  sixty  days  after  the 
date  when  notice  of  intention  of  marriage  was  filed. 

Section  3.    Section  fifty-seven  of  said  chapter  two  hun-  EJ^iJrP'^s  57 
dred  and  seven,  as  so  appearing,  is  hereby  amended  by  ameAded.' 
striking  out,  in  the  second  and  in  the  fourth  and  fifth  lines, 
the  words  "six  months"  and  inserting  in  place  thereof,  in 
each  instance,  the  words :  —  sixty  days,  —  so  as  to  read  as 
follows :  —  Section  57.     Whoever  performs  a   ceremony   of  ^n°iS-e^i°' 
marriage  upon  a  certificate  more  than  sixty  days  after  the  return  cer- 
filing  of  the  notice  of  intention  of  marriage  as  set  forth  in  tMlionof^"' 
such  certificate,  and  whoever  having  taken  out  such  certifi-  carriage. 
cate  and  not  having  used  it  fails  to  return  it,  within  sixty 
days  after  such  filing,  to  the  office  issuing  the  same,  shall  be 
punished  by  a  fine  of  not  more  than  ten  dollars. 

Section  4.     This  act  shall  not  affect  any  certificate  re-  Certificates 
ferred  to  in  section  twenty-eight  of  chapter  two  hundred  befOTe^effectfve 
and  seven  of  the  General  Laws  which  was  lawfully  issued  ^^^e  of  act. 
and  outstanding  upon  the  effective  date  of  this  act. 

Approved  August  2,  IONI- 
AN Act  authorizing  the  town  of  mansfield  to  borrow  Chap. Q02 

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  Mansfield  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  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Mansfield  School  Building  Loan,  Act 
of  194  L  Each  authorized  issue  shall  constitute  a  separate 
loan,  and  such  loans  shall  be  paid  in  not  more  than  twenty 
years  from  their  dates.  Indebtedness  incurred  under  this 
act  shall  be  in  excess  of  the  statutory  limit,  but  shall,  except 
as  herein  provided,  be  subject  to  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  limitation  contained  in  the 
first  paragraph  of  section  seven  thereof. 

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

Approved  August  2,  1941. 


810  Acts,  1941. —  Chap.  603. 


Chap. Q03  -^N  Act  granting  to  the  united  states  of  America  the 

RIGHT,  title  and  INTEREST  OF  THE  COMMONWEALTH  IN 
AND  TO  SLABBERY  POND  AND  SMOOTH  POND  IN  THE  WEST- 
OVER  FIELD  ARMY  AIR  BASE  AND  CEDING  JURISDICTION 
OVER   SUCH    PONDS. 

Emergency  Whereas,   The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which,  in  view  of  the  present  national 
emergency,  is  to  make  available  at  once  to  the  war  depart- 
ment land  which  is  needed  for  military  purposes,  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.  There  is  hereby  granted  to  the  United  States 
of  America  all  the  right,  title  and  interest  which  the  com- 
monwealth has  the  power  to  convey  in  and  to  Slabbery  pond 
and  Smooth  pond,  including  the  waters  and  lands  under 
the  same  situated  at  the  Westover  Field  Army  Air  Base  in 
Chicopee.  The  department  of  public  works  is  hereby  author- 
ized and  directed  to  execute  and  deliver  to  the  said  United 
States  a  good  and  sufficient  deed  of  conveyance,  approved 
as  to  form  by  the  attorney  general,  as  evidence  of  this  grant. 

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  the  commonwealth  when- 
ever said  area  shall  cease  to  be  used  by  said  United  States 
for  airport  purposes. 

The  United  States  government  is  hereby  authorized  to 
place  such  structures  in  or  over  such  area  as  may  be  neces- 
sary for  the  purpose  for  which  the  same  is  authorized  to  be 
transferred.  Approved  August  2,  1941' 


Acts,  1941. —  Chap.  604.  811 

An  Act  further  regulating  the  procedure  relative  Qfidy  qqa 
TO  the  budget  and  appropriations  of  the  city  of 

BOSTON  AND  THE  COUNTY  OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  eighty-six  of  the 
acts  of  nineteen  hundred  and  nine  is  hereby  amended  by 
striking  out  section  three,  as  amended  by  section  two  of 
chapter  four  hundred  and  seventy- nine  of  the  acts  of  nine- 
teen hundred  and  twenty-four,  and  inserting  in  place  thereof 
the  thi-ee  following  sections :  —  Section  3.  All  appropriations, 
other  than  for  school  purposes,  to  be  met  from  taxes,  rev- 
enue or  any  source  other  than  loans,  shall  originate  with 
the  mayor,  who,  not  later  than  the  fii'st  Monday  in  February 
of  each  year,  shall  submit  to  the  city  council  the  annual 
budget  of  the  current  expenses  of  the  city  and  county  for  the 
current  fiscal  year,  and  may  submit  thereafter  such  supple- 
mentary appropriation  orders,  as  he  may  deem  necessary. 
The  city  council  may  reduce  or  reject  any  item,  but,  except 
upon  the  recommendation  of  the  mayor,  shall  not  increase 
any  item  in,  nor  the  total  of,  a  budget,  nor  add  any  item 
thereto,  nor  shall  it  originate  a  budget.  Not  later  than  the 
first  Monday  in  April  the  city  council  shall  take  definite 
action  on  the  annual  budget  by  adopting,  reducing  or  re- 
jecting it,  and  in  the  event  of  their  failure  so  to  do  the  items 
and  the  appropriation  orders  in  the  budget  as  recommended 
by  the  mayor  shall  be  in  effect  as  if  formally  adopted  by  the 
city  council  and  approved  by  the  mayor.  It  shall  be  the 
duty  of  the  city  and  county  officials,  when  requested  by  the 
mayor,  to  submit  forthwith  in  such  detail  as  he  may  require 
estimates  for  the  next  fiscal  year  of  the  expenditures  of  the 
department  or  office  under  their  charge,  which  estimates 
shall  be  transmitted  to  the  city  council. 

Section  3 A.  In  the  period  after  the  expiration  of  any 
fiscal  year,  and  before  the  regular  appropriations  have  been 
made  by  the  city  council  and  the  school  committee,  city  and 
county  officers  who  are  authorized  to  make  expenditures, 
and  the  school  committee,  may  incur  liabilities  in  carrying 
on  the  work  of  the  several  departments  and  offices  entrusted 
to  them,  and  payments  therefor  shall  be  made  from  the  treas- 
ury from  any  available  funds  therein  and  charged  against 
the  next  annual  appropriation,  or  special  appropriation,  if 
any  is  made;  provided,  that  the  liabilities  incurred  during 
such  interval  for  regular  employees  do  not  exceed  in  any  one 
month  the  average  monthly  expenditure  of  the  last  three 
months  of  the  preceding  fiscal  year,  and  that  the  total  lia- 
bilities incurred  during  said  interval  do  not  exceed  in  any 
one  month  the  sums  spent  for  similar  purposes  during  any 
one  month  of  the  preceding  fiscal  year;  and  provided,  fur- 
ther, that  said  officers  who  are  authorized  to  make  expendi- 
tures may  expend  in  any  one  month  for  any  new  officer  or 
board  lawfully  created  an  amount  not  exceeding  one  twelfth 


812  Acts,  1941.  — Chap.  605. 

of  the  estimated  cost  for  the  current  fiscal  year;  and  pro- 
vided, further,  that  until  a  regular  or  special  appropriation 
has  been  made  for  snow  removal,  expenditures  may  be  made 
for  that  purpose  to  an  amount  not  exceeding  the  average  of 
the  annual  expenditures  for  snow  removal  in  the  five  pre- 
ceding fiscal  years. 

Section  SB.  After  an  appropriation  of  money  has  been 
duly  made  by  the  city  of  Boston  for  any  specific  purpose,  or 
for  the  needs  and  expenditures  of  any  city  department  or 
county  office,  no  transfer  of  any  part  of  the  money  thus 
appropriated  shall  be  made  except  in  accordance  with  and 
after  the  written  recommendation  of  the  mayor  to  the  city 
council,  approved  by  a  yea  and  nay  vote  of  two  thirds  of  all 
the  members  of  the  city  council;  provided,  that  the  city 
auditor,  with  the  approval  in  each  instance  of  the  mayor, 
may  make  transfers,  other  than  for  personal  service,  from 
any  item  to  any  other  item  within  the  appropriations  for  a 
department,  division  of  a  department  or  county  office.  After 
December  twentieth  in  each  year  the  city  auditor  may,  with 
the  approval  of  the  mayor,  apply  any  income  and  taxes  not 
disposed  of  and  make  transfers  from  any  appropriation  to 
any  other  appropriation  for  the  purpose  only  of  closing  the 
accounts  of  the  fiscal  year. 

Section  2.  Chapter  three  hundred  and  twenty  of  the 
acts  of  eighteen  hundred  and  eighty-nine  and  chapter  two 
hundred  and  sixty-one  of  the  acts  of  eighteen  hundred  and 
ninety-three  are  hereby  repealed. 

Approved  August  2,  1941. 


Chav.605  An  Act  to  provide  reciprocity  respecting  property 

RECEIVED    BY    TAX    EXEMPT    INSTITUTIONS    IN    MASSACHU- 
SETTS   BY    NON-RESIDENT    DECEDENTS. 

Emergency  Wheveas,   The  deferred  operation  of  this  act  might  delay 

preamble.  ^j^^  settlement  of  estates  of  certain  deceased  persons,  there- 
fore it  is  hereb}''  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed V  65^1  Section  1.     Chapter  sixty-five  of  the  General  Laws  is 

etc!,  amended,    hereby  amended  by  striking  out  the  first  sentence  of  sec- 
tion one,  as  most  recently  amended  by  section  one  of  chapter 
four  hundred  and  fifteen  of  the  acts  of  the  current  year. 
Taxation  of       and  inserting  in  place  thereof  the  following  sentence:  —  All 
itfc^M^sloM*^       property  within  the  jurisdiction  of  the  commonwealth,  cor- 
Rates  of  tax.     porcal  Or  incorporcal,  and  any  interest  therein,  belonging  to 
Exemptions.      Inhabitants  of  the  commonwealth,  and  all  real  estate  or  any 
interest  therein  and  all  tangible  personal  property  within 
the  commonwealth  belonging  to  persons  who  are  not  in- 
habitants of  the  commonwealth  except  such  an  interest  in 
such  real  estate  as  is  represented  by  a  mortgage  or  by  a 
transferable  certificate  of  participation  or  share  of  an  asso- 
ciation, partnership  or  trust,  which  shall  pass  by  will,  or  by 


Acts,  1941.  — Chap.  606.  813 

laws  regulating  intestate  succession,  or  by  deed,  grant  or 
gift,  except  in  cases  of  a  bona  fide  purchase  for  full  consid- 
eration in  money  or  money's  worth,  made  in  contemplation 
of  the  death  of  the  grantor  or  donor  or  made  or  intended  to 
take  effect  in  possession  or  enjoyment  after  his  death,  and 
any  beneficial  interest  therein  which  shall  arise  or  accrue  by 
survivorship  in  any  form  of  joint  ownership  in  which  the 
decedent  joint  owner  contributed  during  his  life  any  part  of 
the  property  held  in  such  joint  ownership  or  of  the  purchase 
price  thereof,  to  any  person,  absolutely  or  in  trust,  except 
(1)  to  or  for  the  use  of  charitable,  educational  or  religious 
societies  or  institutions  which  are  organized  under  the  laws 
of,  or  whose  principal  objects  are  carried  out  within,  the 
commonwealth  or  which  are  organized  under  the  laws  of,  or 
whose  principal  objects  are  carried  out  within,  some  other 
state  of  the  United  States  which  exempts  from  similar  taxa- 
tion legacies  and  devises  by  its  citizens  to  or  for  the  use  of 
such  societies  or  institutions  which  are  organized  under  the 
laws  of,  or  whose  principal  objects  are  carried  out  within, 
the  commonwealth,  or  (2)  for  or  upon  trust  for  any  chari- 
table purposes  to  be  carried  out  within  the  commonwealth 
or  within  any  other  state  of  the  United  States  which  exempts 
from  similar  taxation  legacies  and  devises  by  its  citizens  for 
charitable  purposes  to  be  carried  out  within  this  common- 
wealth, or  (3)  to  or  for  the  use  of  the  commonwealth  or  any 
town  therein  for  public  purposes,  shall  be  subject  to  a  tax 
at  the  percentage  rates  fixed  by  the  following  table : 

Section  2.  The  amendment  of  said  section  one  of  chap-  Elective 
ter  sixty-five  of  the  General  Laws  effected  by  section  one  of 
this  act  is  hereby  made  applicable  to  property  or  any  inter- 
est therein  passing  or  accruing  upon  the  death  of  persons 
who  have  died  on  or  after  the  first  day  of  July,  nineteen 
hundred  and  forty.  Approved  August  2,  1941- 


An  Act  relative  to  the  water  supply  of  the  williams-  Chav.QOQ 

TOWN   water    company,    AND    ITS    PURCHASE   AND    OPERA- 
TION  BY   THE   TOWN   OF   WILLIAMSTOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  eleven  of  the 
acts  of  eighteen  hundred  and  eighty-five  is  hereby  further 
amended  by  striking  out  section  two,  as  amended  by  section 
one  of  chapter  four  hundred  and  sixty-two  of  the  acts  of 
nineteen  hundred  and  nine,  and  inserting  in  place  thereof 
the  following  section :  —  Section  2.  For  the  purposes  afore- 
said, said  corporation  may  contract  with  any  other  munici- 
pality, acting  through  its  water  department,  or  with  any 
water  company,  or  with  any  water  district,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted,  and  may  take  by  eminent  domain  under 
chapter  seventy-nine  or  chapter  eighty  A  of  the  General 
Laws,  or  acquire  by  lease,  purchase,  gift,  devise  or  otherwise. 


date. 


814  Acts,  1941.  — Chap.  606. 

and  hold,  the  waters,  or  any  portion  thereof,  of  any  pond, 
brook,  spring  or  stream  or  of  any  ground  water  sources,  by 
means  of  driven,  artesian  or  other  wells  or  filter  galleries, 
within  the  limits  of  the  town  of  Williamstown  and  elsewhere, 
as  provided  for  by  this  act  and  all  acts  in  amendment  thereof 
and  in  addition  thereto,  not  already  appropriated  for  pur- 
poses of  public  water  supply,  and  the  water  rights  connected 
with  any  such  water  sources,  or  may  exercise  any  combina- 
tion of  the  rights  and  privileges  hereinbefore  granted;  and 
also  for  said  purposes  may  take  by  eminent  domain  under  said 
chapter  seventy-nine  or  said  chapter  eighty  A,  or  acquire  by 
lease,  purchase,  gift,  devise  or  otherwise,  and  hold,  all  lands, 
rights  of  way  and  other  easements  necessary  for  collecting, 
storing,  holding,  purifying  and  treating  such  water  and  pro- 
tecting and  preserving  the  purity  thereof  and  for  conveying 
the  same  to  any  part  of  said  town;  provided,  that  no  source 
of  water  supply  and  no  lands  necessary  for  protecting  and 
preserving  the  purity  of  the  water  shall  be  taken  or  used  with- 
out first  obtaining  the  advice  and  approval  of  the  depart- 
ment of  public  health,  and  that  the  location  and  arrangement 
of  all  dams,  reservoirs,  wells  or  filter  galleries,  filtration 
and  pumping  plants  or  other  works  necessary  in  carry- 
ing out  the  provisions  of  this  act  shall  be  subject  to  the 
approval  of  said  department;  and  for  said  purposes  said 
corporation  may  acquire  by  lease,  purchase,  gift,  bequest  or 
otherwise  any  apphances,  works,  tools,  machinerj'^  and  other 
equipment  that  may  be  necessary  or  expedient  in  carrying 
out  the  provisions  of  this  act.  Said  corporation  may  con- 
struct and  maintain  on  the  lands  acquired  and  held  under 
this  act  proper  dams,  wells,  reservoirs,  pumping  and  filtra- 
tion plants,  buildings,  standpipes,  tanks,  fixtures  and  other 
structures,  including  also  purification  and  treatment  works, 
the  construction  and  maintenance  of  which  shall  be  subject 
to  the  approval  of  said  department  of  public  health,  and 
may  make  excavations,  procure  and  operate  machinery,  and 
provide  such  other  means  and  appliances  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and  main- 
tenance of  complete  and  effective  water  works;  and  for  that 
purpose  may  construct,  lay  and  maintain  aqueducts,  con- 
duits, pipes  and  other  works,  under  or  over  any  lands,  water 
courses,  railroads,  railways  and  public  or  other  ways,  and 
along  any  such  way  in  said  town  in  such  manner  as  not  un- 
necessarily to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  conduits,  pipes  and  other  works,  and  for  all  other 
proper  purposes  of  this  act,  said  corporation  may  dig  up  or 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  thereon;  provided,  that  all  things  done  upon  any 
such  way  shall  be  subject  to  the  direction  of  the  selectmen 
of  said  town.  Said  corporation  shall  not  enter  upon,  con- 
struct or  lay  any  conduits,  pipes  or  other  works  within  the 
location  of  any  railroad  corporation  except  at  such  time  and 


Acts,  1941.  —  Chap.  606.  815 

in  such  manner  as  it  may  agree  upon  with  such  corporation 
or,  in  case  of  failure  so  to  agree,  as  may  be  approved  by  the 
department  of  pubHc  utihties.  Said  corporation  may  enter 
upon  anj^  lands  for  the  purpose  of  making  survej^s,  test  pits 
and  borings,  and  may  take  or  otherwise  acquire  the  right  to 
occupy  temporarily  any  lands  necessaiy  for  the  construction 
of  any  works  or  for  any  other  purpose  authorized  by  this 
act. 

Section  2.  Said  chapter  three  hundred  and  eleven  is 
hereby  further  amended  by  striking  out  section  ten  and 
inserting  in  place  thereof  the  following  section:  —  Section  10. 
Said  town,  for  the  purpose  of  paying  the  necessary  expenses 
and  liabilities  incurred  or  to  be  incurred  under  this  act 
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 
exceeding,  in  the  aggregate,  the  amount  that  may  be  bor- 
rowed under  authority  of  section  eight  of  chapter  forty-four 
of  the  General  Laws,  as  amended,  for  water  supply  pur- 
poses, or,  if  the  compensation  to  be  paid  shall  be  determined 
by  the  department  of  public  utilities  as  provided  in  section 
nine  of  this  act,  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  aggregate,  the  sum  deter- 
mined upon  by  said  department.  Such  bonds  or  notes  shall 
bear  on  their  face  the  words.  Town  of  Williamstown  Water 
Loan,  Act  of  1941.  Each  authorized  issue  shall  constitute  a 
separate  loan  and  such  loans  shall  be  payable  in  not  more 
than  thirty  years  from  their  dates.  Indebtedness  incurred 
under  this  act  shall,  except  as  provided  herein,  be  subject  to 
chapter  forty-four  of  the  General  Laws. 

Section  3.  Said  chapter  three  hundred  and  eleven  is 
hereby  further  amended  by  striking  out  section  eleven  and 
inserting  in  place  thereof  the  following  section:  —  Section  11. 
Said  town  shall,  at  the  time  of  authorizing  said  loan  or  loans, 
provide  for  the  payment  thereof  in  accordance  with  section 
ten;  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  without 
further  vote  be  assessed  by  the  assessors  of  said  town  annu- 
ally thereafter  in  the  same  manner  as  other  taxes,  until  the 
debt  incurred  by  the  said  loan  or  loans  is  extinguished. 

Section  4.  Section  twelve  of  said  chapter  three  hundred 
and  eleven  is  hereby  repealed. 

Section  5.  Section  thirteen  of  said  chapter  three  hun- 
dred and  eleven  is  hereby  repealed;  but  such  repeal  shall  not 
affect  any  act  done,  ratified  or  confirmed,  any  liability  in- 
curred or  any  right  accruing  or  established  before  this  repeal 
takes  effect. 


816  Acts,  1941.  — Chap.  606. 

Section  6.  Said  chapter  three  hundred  and  eleven  is 
hereby  further  amended  by  striking  out  section  fourteen  and 
inserting  in  place  thereof  the  following  section :  —  Section 
IJj..  The  selectmen  of  said  town  shall  serve  as  water  com- 
missioners until  the  qualification  of  water  commissioners 
elected  at  the  annual  town  meeting  of  said  town  in  nineteen 
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  commissioners" 
or  "said  board"  or  "said  commissioners"  occurs  in  this  act 
it  shall  mean  and  include  the  board  of  water  commissioners 
or  the  selectmen  acting  as  such,  as  the  case  may  be.  Said 
town,  at  an  annual  town  meeting  or  at  any  special  town 
meeting  held  not  less  than  thirty  days  prior  to  an  annual 
town  meeting,  may  vote  to  elect  by  ballot  three  water  com- 
missioners, one  to  serve  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years,  and  one  until  the  ex- 
piration 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  meet- 
ing 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  ten,  eleven  and  four- 
teen A  and  not  otherwise  specially  provided  for,  shall  be 
vested  in  said  board  of  water  commissioners,  who  shall  be 
subject,  however,  to  such  instructions,  rules  and  regulations 
as  said  town  may  impose  by  its  vote.  A  majority  of  said 
commissioners  shall  constitute  a  quorum  for  the  transaction 
of  business.  After  the  election  of  a  board  of  water  commis- 
sioners under  authority  of  this  section,  any  vacancy  occur- 
ring in  said  board  from  any  cause  may  be  filled  for  the  re- 
mainder 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 
qualified. 

Section  7.  Said  chapter  three  hundred  and  eleven  is 
hereby  further  amended  by  inserting  after  section  fourteen 
the  following  new  section: — Section  I4A.  Said  commis- 
sioners 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  principal 
as  they  accrue  upon  any  bonds  or  notes  issued  under  author- 
ity of  this  act  and  all  acts  in  amendment  thereof  and  in 
addition  thereto.  If  there  should  be  a  net  surplus  remaining 
after  providing  for  the  aforesaid  charges,  it  may  be  appro- 
priated for  such  new  construction  as  the  water  commission- 
ers, with  the  approval  of  the  town,  may  determine  upon, 


Acts,  1941.  — Chap.  607.  817 

and  in  case  a  surplus  should  remain  after  payment  for  such 
new  construction  the  water  rates  shall  be  reduced  propor- 
tionately. All  authority  vested  in  said  commissioners  by  the 
foregoing  provisions  of  this  section  shall  be  subject  to  sec- 
tion fourteen.  Said  commissioners  shall  annually,  and  as 
often  as  the  town  may  require,  render  a  report  upon  the 
condition  of  the  works  under  their  charge,  and  an  account 
of  their  doings,  including  an  account  of  the  receipts  and 
expenditures. 
Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  August  2,  1941. 


An  Act  to  further  regulate  the  dealing  in  and  trans-  Chav  607 

PORTATION    OF    BOVINE    ANIMALS    AND    TO    PREVENT    THE 
SPREAD    OF    DISEASE    AMONG    SUCH    ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and   twenty-nine  of  g  l.  (Ter. 
the  General  Laws  is  hereby  amended  by  adding  at  the  end  §§  k-H,'  "^"^ 
the  five  following  new  sections:  —  Section  39.     Every  person  added. 
engaging  in  the  business  of  dealing  in  bovine  animals  shall  ^^f^""^ '" 
obtain  a  license  therefor  from  the  director,  the  fee  for  which  animals,  lu 
shall  be  five  dollars,  and  such  license  shall  expire  on  Novem-  ^^^^^  ^°''' 
ber  thirtieth  following  the  date  of  issuance,  unless  sooner 
revoked.    The  director,  subject  to  the  approval  of  the  com- 
missioner of  agriculture  and  of  the  governor  and  council,  may 
make  rules  and  regulations  governing  the  issuance  and  rev- 
ocation of  such  licenses  and  the  conduct  of  the  businesses  so 
licensed  and  relative  to  the  maintenance  of  premises,  build- 
ings and  conveyances,  the  health  of  bovine  animals  and  the 
method  and  time  of  inspection  and  checking  of  said  animals. 

Section  40.     Each  vehicle  used  for  the  transportation  of  License 
such  bovine  animals,  when  operated  in  or  on  any  way  in  the  vehicies°tran3- 
commonwealth,  shall  bear  on  the  front  and  on  the  rear  a  animail''"'^"* 
metal  license  plate,  furnished  by  the  director,  for  which  pair  p^^ 
of  plates  a  fee  of  fifty  cents  shall  be  paid.    Said  plates  shall 
be  valid  for  the  term  for  which  the  Hcense  is  granted,  but 
shall  be  returned  to  the  director  on  revocation  of  said  license. 

Section  41  •    AH  persons  who  transport  bovine  animals  Persons  trans- 


upon  any  public  way  in  connection  with  the  purchase  or  an^mafs'tC^"^ 
sale  thereof,  shall  have  in  their  possession  a  bill  of  sale  or  5^1^*^^^^^'  °^ 
memorandum  signed  by  the  owner  or  vendor  of  such  animals,  j^.  '^^  ^^ 
containing  the  address  of  such  owner  or  vendor,  the  date  of  inspect  same. 
purchase  or  sale,  the  number  of  animals,  breed,  eartag  num- 
ber or  other  means  of  identification  of  each  animal. 

Any  person  transporting  bovine  animals  shall  on  demand 
exhibit  such  bill  of  sale  or  memorandum  to  any  officer  quali- 
fied to  serve  criminal  process. 

No  person  shall  accept  any  bovine  animal  over  six  months 
of  age  which  has  been  transported  over  any  such  way  unless 
accompanied  by  such  bill  of  sale  or  memorandum.  The  per- 
son accepting  such  animals  shall  endorse  the  bill  of  sale  or 


818 


Acts,  1941.  — Chap.  608. 


Tagging  of 
bovine 
animals,  by 
whom. 

Penalty. 


G.  L   (Ter. 
Ed.),  129, 
§  36A,  etc., 
and  §  36C, 
etc.,  repealed. 


memorandum  in  such  manner  as  will  signify  his  acceptance 
of  each  animal. 

This  section  shall  not  apply  to  such  licensees  under  section 
thirty-nine  as  are  exempted  from  the  provisions  hereof  by 
the  du-ector,  by  rules  or  regulations  made  under  the  authority 
of  said  section  thirty-nine. 

Section  J}.2.  No  person,  other  than  a  licensed  veterinarian, 
shall  tag  a  bovine  animal  with  a  state  or  federal  identification 

Section  43.  Whoever  violates  any  provision  of  sections 
forty  to  forty-two,  inclusive,  shall  be  punished  for  a  first 
offense  by  a  fine  of  not  more  than  one  hundred  dollars  and 
for  any  subsequent  offense  by  a  fine  of  not  more  than  five 
hundred  dollars,  or  by  imprisonment  for  not  more  than  two 
and  one  half  years,  or  both. 

Section  2.  Section  thirty-six  A  of  said  chapter  one  hun- 
dred and  twenty-nine,  inserted  by  chapter  four  hundred  and 
twenty-six  of  the  acts  of  nineteen  hundred  and  thirty-five, 
and  section  thirty-six  C  of  said  chapter  one  hundred  and 
twenty-nine,  inserted  by  chapter  thi-ee  hundred  and  eighty- 
six  of  the  acts  of  nineteen  hundred  and  thirty-eight,  are 
hereby  repealed.  Approved  August  2,  1941. 


G.  L.  (Ter. 

Ed.),  117, 

§  13,  amended. 

Penalty  for 
failure  to  give 
information. 


ChaV. QOS  ^^  ^^'^  REQUIRING  TREASURERS  OF  BENEFIT  ASSOCIATIONS 
AND  INSURANCE  COMPANIES  TO  FURNISH  CERTAIN  INFOR- 
MATION, UPON  DEMAND  THEREFOR,  TO  BOARDS  OF  PUBLIC 
WELFARE. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  one  hundred  and  seventeen  of 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  adding  at  the  end  the  following  new 
sentence :  —  A  treasurer  of  a  benefit  association  or  insur- 
ance company  who,  upon  request  in  writing  signed  by  a 
member  of  the  board  of  public  welfare  of  a  town,  unrea- 
sonably refuses  to  inform  him  of  the  amount  paid  within 
the  period  of  four  years  preceding  such  request,  or  which  is 
then  payable,  to  the  person  named  in  such  request,  such 
person  being  or  having  been  within  a  period  of  four  years 
a  recipient  of  public  welfare  aid  from  such  town,  or  being 
the  legal  representative  of  the  estate  of  such  a  recipient  of 
such  aid  who  has  deceased,  or  being  the  son  or  daughter  of 
a  person  receiving  or  having  received  such  aid  within  a 
period  of  two  years,  and  any  such  treasurer  who  wilfully 
renders  false  information  in  reply  to  such  request,  shall 
forfeit  fifty  dollars  to  the  use  of  such  town. 

Approved  August  2,  1941. 


Acts,  1941. —  Chaps.  609,  610.  819 


An  Act  repealing  the  law  providing  for  adjustment  QJidj)  qqq 
OF  veterans'  tax  exemptions. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  fifty-eight  of  the  g.  l.  (Xer. 
General  Laws,  as  amended  by  section  fourteen  of  chapter  ffc^'a^d  §  12,' 
four  hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  ^^^^  repealed. 
and  thirty-nine,  and  section  twelve  of  said  chapter  fifty- 
eight,  as  amended  by  section  thirteen  of  chapter  four  hun- 
dred and  ninety  of  the  acts  of  nineteen  hundred  and  forty- 
one,  are  hereby  repealed. 

Section  2.  Section  six  of  chapter  fifty-eight  A  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  four  of  ^tt!'am4'dld.' 
chapter  four  hundred  and  seventy-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out  the  first  sentence  and  inserting  in  place 
thereof  the  following  sentence:  —  The  board  shall  have  juris-  Jurisdiction. 
diction  to  decide  appeals  under  the  provisions  of  section 
forty-two  E  of  chapter  forty;  of  sections  fourteen  and 
twenty-five  of  chapter  fifty-eight;  of  clauses  seventeenth 
and  twenty-second  of  section  five  of  chapter  fifty-nine; 
of  sections  seven,  thirty-nine,  sixty-four,  sixty-five,  sixty- 
five  B,  seventy-three  and  eighty-one  of  said  chapter  fifty- 
nine;  of  section  two  of  chapter  sixty  A ;  of  section  forty-five 
of  chapter  sixty-two;  of  sections  two,  eighteen  A,  twenty- 
eight,  fifty-one,  sixty  and  seventy-one  of  chapter  sixty-three; 
of  section  six  of  chapter  sixty-four;  of  sections  five  and  ten 
of  chapter  sixty-four  A;  of  sections  twenty-five  and  twenty- 
six  of  chapter  sixty-five;  of  section  four  of  chapter  sixty- 
five  A;  and  under  any  other  provision  of  law  wherein  such 
jurisdiction  is  or  may  be  expressly  conferred. 

Approved  August  2,  194.1. 


An  Act  relative  to  the  hours  of  labor  of  women  (JJiQnr)  gl  n 

AND   CHILDREN   EMPLOYED    IN   CERTAIN  POSITIONS   IN   HOS- 
PITALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,    Section  fifty-six  of  chapter  one  hundred  and  g  l.  (Ter. 
forty-nine  of  the  General  Laws,  as  most  recently  amended  §56,' etc.,* 
by  chapter  five  hundred  and  seventy-four  of  the  acts  of  the  '^"'^nded. 
current  year,  is  hereby  further  amended  by  inserting  after 
the  word  "establishment",  the  first  time  such  word  appears 
in  the  first  sentence,  as  so  amended,  the  word :  —  ,  hospital, 
—  and  by  adding  at  the  end  the  following  new  sentence:  — 
The  commissioner  may  grant  authority  for  employees  of  hos-  Hours  of  labor 
pitals  to  be  employed  for  more  than  nine  hours  in  one  day  and  cSfdren 
and  forty-eight  hours  in  one  week  and  outside  of  a  period  of  jn  certain 
ten  consecutive  hours,  if  he  finds  that  an  emergency  exists    °^^'*^^- 
requiring  this  action. 


820 


Acts,  1941. —  Chaps.  611,  612. 


Application 
of  act. 

Effective 
date. 


Section  2.    This  act  shall  not  apply  to  professional  per- 
sonnel. 

Section  3.     This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-three. 

Approved  August  2,  1941. 


G.  L.  (Ter. 
Ed.),  23, 
§  9N,  etc., 
amended. 


Board  of 
review. 


Chap.QW  An  Act  relative  to  the  services  and  compensation  of 

MEMBERS   OF  THE   BOARD   OF   REVIEW  IN   THE  DIVISION    OF 
UNEMPLOYMENT   COMPENSATION, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nine  N  of  chapter  twenty-three  of 
the  General  Laws,  as  appearing  in  section  one  of  chapter 
twenty  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 
hereby  amended  by  striking  out  paragraph  (6)  and  inserting 
in  place  thereof  the  following  paragraph :  — 

(6)  There  shall  be  in  the  division  a  board  of  review  con- 
sisting of  three  persons  to  be  appointed  by  the  governor. 
Of  the  members  first  appointed,  one  shall  be  appointed  for 
a  term  of  two  years,  one  for  a  term  of  four  years  and  one  for 
a  term  of  six  years,  and  thereafter  as  the  term  of  a  member 
expires  the  governor  shall  appoint  his  successor  for  a  term 
of  six  years.  Vacancies  shall  be  filled  in  like  manner  for  the 
remainder  of  the  unexpired  term.  All  members  shall  serve 
until  the  qualification  of  their  respective  successors.  The 
governor  shall  from  time  to  time  designate  one  of  the  mem- 
bers as  chairman.  All  members  shall  devote  their  whole 
time  in  office  hours  to  the  duties  of  their  office.  Said  offices 
and  the  incumbents  thereof  shall  not  be  subject  to  chapter 
thirty-one  and  the  rules  and  regulations  made  thereunder. 
The  chairman  of  the  board  and  each  of  the  other  members 
shall  receive  a  salary  of  forty-five  hundred  dollars.  Mem- 
bers of  the  board  shall  receive  their  traveling  and  other  neces- 
sary expenses  incurred  in  the  performance  of  their  duties. 

Section  2.  Nothing  in  this  act  shall  be  deemed  or  con- 
strued to  affect  the  continuity  of  service  of  the  board  of 
review  referred  to  in  section  one  hereof,  or  to  affect  the  term 
or  tenure  of  office  or  rights  and  duties  of  the  members  thereof, 
in  office  upon  the  effective  date  of  this  act. 

Section  3.  The  provisions  of  this  act  establishing  the 
salaries  of  the  members  of  said  board  of  review  shall  become 
operative  as  of  January  first  of  the  current  year. 

Approved  August  2,  1941. 


Application 
act  limited. 


Effective 
date. 


Chap. 612  An  Act  granting  certain  powers  to  the  department 
OF  public  health  in  order  to  permit  fuller  co-opera- 
tion IN  any  national  defense  program. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  might  harm- 
fully delay  the  giving  of  aid  in  national  defense  and  imperil 
public  health  in  the  present  national  emergency,  therefore 


Acts,  1941.  — Chaps.  613,  614.  821 

it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  preservation  of  the  public  health  and  safety. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Xer. 
hereby  amended  by  inserting  after  section  five,  as  amended,  nfw'i^sA, 
the  following  new  section:  —  Section  5 A.     The  department,  inserted. 
with  the  approval  of  the  commission  on  administration  and  ^'^'^"^"n^""."^ 
finance,  may,  for  the  purpose  of  aiding  in  national  defense  fn" times  of  ^ 
in  case  of  war  or  in  any  national  emergency  declared  by  the  emergency. 
president,  prepare  and  distribute  without  as  well  as  within 
the  commonwealth,  and  sell  or  give  away,  in  its  discretion, 
antitoxins,  serums,  vaccines,  viruses  and  analogous  products 
appHcable  to  the  prevention  or  cure  of  diseases  of  man,  for 
the  use  of  the  armed  forces  of  the  United  States  or  in  civilian 
defense  work.    This  section  shall  not  curtail  any  powers  or 
duties  of  the  department  under  section  five. 

Approved  August  4,  1941. 

An  Act  authorizing  the  construction  by  the  depart-  Chav.QXZ 

MENT  OF  PUBLIC  WORKS  OF  A  HIGH  LEVEL  BRIDGE  OVER  THE 
ANNISQUAM  RIVER  IN  THE  CITY  OF  GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  to 
construct  over  the  Annisquam  river  in  the  city  of  Gloucester, 
at  such  site  and  of  such  type  and  dimensions  as  said  depart- 
ment determines,  a  new  high  level  bridge,  with  or  without  a 
draw,  together  with  the  necessary  approaches  thereto;  pro- 
vided that  the  entire  cost  of  such  work  shall  be  met  substan- 
tially out  of  funds  made  available  by  the  federal  government. 

Approved  August  4,  1941- 

An  Act  providing  for  the  payment  of  wages  or  salaries  (7/iai9.614 

TO  PUBLIC  EMPLOYEES  IN  CERTAIN  CASES  WHERE  COM- 
PENSATION FOR  TOTAL  INCAPACITY  IS  PAYABLE  UNDER  THE 
workmen's  COMPENSATION  LAW,  SO  CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-nine  of  chapter  one  hundred  and  fifty-two  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  chapter  f  gg'et^c^; 
four  hundred  and  sixty-eight  of  the  acts  of  nineteen  hundred  amended'.' 
and  thirty-nine,  is  hereby  further  amended  by  inserting  after 
the  word  "payable"  in  the  thirty-second  fine,  as  appearing 
in  chapter  four  hundred  and  thirty-five  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  the  following:  —  ,  except  that 
such  salary  or  wages  may  be  paid  in  full  until  any  overtime 
or  vacation  which  the  said  employee  has  to  his  credit  has 
been  used,  without  deduction  of  any  compensation  herein 
provided  for  which  may  be  due  or  become  due  the  said  em- 
ployee during  the  period  in  which  said  employee  may  be 
totally  incapacitated,  any  other  provisions  of  law  to  the 


822  Acts,  1941.  — Chaps.  615,  616. 

contrary  notwithstanding,  —  so  that  the  sentence  in  the 
twenty-ninth  to  the  thirty-second  Hnes,  as  so  appearing,  will 
Payment  of       read  as  follows :  —  No  cash  salaiy  or  wages  shall  be  paid  by 
certain  public     the  commonwealth  or  any  such  county,  city,  town  or  district 
w'hen°wMk-       to  any  person  for  any  period  for  which  weekly  total  incapacity 
men's  com-       compensation  under  this  chapter  is  payable,  except  that 
payable"'*  *^       such  Salary  or  wages  may  be  paid  in  full  until  any  overtime 
or  vacation  which  the  said  employee  has  to  his  credit  has 
been  used,  without  deduction  of  any  compensation  herein 
provided  for  which  may  be  due  or  become  due  the  said  em- 
ployee during  the  period  in  which  said  employee  may  be 
totally  incapacitated,  any  other  provisions  of  law  to  the  con- 
trary notwithstanding.  Approved  August  4,  1941. 


Chap.Qld  An  Act  authorizing  the  conveyance  by  the  common- 
wealth TO  THE  INHABITANTS  OF  PROVINCETOWN  OF  A 
CERTAIN  PARCEL  OF  LAND  SITUATED  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized,  in 
the  name  and  on  behalf  of  the  commonwealth,  to  convey  to 
the  inhabitants  of  the  town  of  Provincetown,  by  a  deed 
approved  as  to  form  by  the  attornej'-  general,  all  the  right, 
title  and  interest  of  the  commonwealth  in  and  to  a  certain 
parcel  of  land  in  said  Provincetown  bounded  northwesterly 
on  Bradford  street,  northeasterly  on  Ryder  street,  south- 
easterly on  Commercial  street  and  southwesterly  by  land  of 
said  town  of  Provincetown,  and  containing  about  eleven 
thousand,  five  hundred  and  forty-three  square  feet  of  land. 

Approved  August  4,  1941- 


Chap.QlQ  An  Act  fixing  the  charges  for  the  support  of  patients 

AT  COUNTY  TUBERCULOSIS  HOSPITALS  DURING  THE  YEARS 
nineteen  HUNDRED  AND  FORTY-ONE  TO  NINETEEN  HUN- 
DRED AND  FORTY-THREE,  INCLUSIVE,  AND  PROVIDING  FOR 
AN  INVESTIGATION  BY  A  SPECIAL  COMMISSION  RELATIVE  TO 
THE  COST  OF  AND  ADMISSIONS  TO  SUCH  HOSPITALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  rates  of  charges  for  the  support  of  pa- 
tients at  county  tuberculosis  hospitals  for  the  year  nineteen 
hundred  and  forty,  as  established  under  the  provisions  of 
section  eighty-eight  of  chapter  one  hundred  and  eleven  of 
the  General  Laws,  shall  be  the  rates  of  such  charges  for  the 
years  nineteen  hundred  and  forty-one,  nineteen  hundred  and 
forty-two  and  nineteen  hundred  and  forty-three. 

Section  2.  There  is  hereby  established  a  special  unpaid 
commission,  consisting  of  one  member  of  the  senate  to  be 
designated  by  the  president  thereof,  three  members  of  the 
house  of  representatives  to  be  designated  by  the  speaker 
thereof,  and  three  persons  to  be  appointed  by  the  governor, 


Acts,  1941.  —  Chap.  617.  823 

with  the  advice  and  consent  of  the  council,  for  the  purpose 
of  making  an  investigation  relative  to  the  cost  of  county 
tuberculosis  hospitals  with  a  view  to  determining  to  what 
extent  such  cost  should  be  assessed  directly  on  cities  and 
towns  based  on  the  number  of  patients  sent  to  said  hospitals 
by  them,  and  assessed  upon  cities  and  towns  as  part  of  the 
county  tax.  Said  commission  shall  also  consider  the  advisa- 
bility of  providing  for  compulsory  admissions  to  said  hospi- 
tals. Said  commission  may  expend  for  clerical  and  other 
expenses  such  sums,  not  exceeding,  in  the  aggregate,  five 
hundred  dollars,  as  may  hereafter  be  appropriated  therefor. 
It  shall  report  to  the  general  court  the  results  of  its  inves- 
tigation, and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Decem- 
ber in  the  year  nineteen  hundred  and  forty-two. 

Approved  August  4,  1941' 


An  Act  relative  to  the  henry  o.  peabody  school  for  Chap. Q17 

GIRLS,  AT  NORWOOD,   MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     Section  one  of  chapter  seventy-four  of  the  g.  l.  (Ter. 
General  Laws,  as  amended  by  section  one  of  chapter  four  ^i'^'Jc.', 
hundred  and  forty-six  of  the  acts  of  nineteen  hundred  and  amended. 
thirty-eight,  is  hereby  further  amended  by  adding  at  the  end 
of  the  paragraph  defining  "Net  maintenance  sum"  the  words: 
—  ,  and  that  in  the  case  of  the  Henry  O.  Peabody  school  for 
girls  at  Norwood  there  shall  be  added  to  the  sum  raised  by 
local  taxation  the  sum  annually  received  by  the  town  of  Nor- 
wood from  the  Peabody  charities  and  expended  for  the  main- 
tenance of  the  school,  —  so  that  said  paragraph  will  read  as 
follows :  — 

"Net  maintenance  sum",  the  total  sum  raised  by  taxation  "Net  main-  ^^ 
and  expended  for  maintaining  approved  local  or  district  dXed^^""^" 
independent  distributive  occupations,  industrial,  and  house- 
hold arts  schools  and  independent  agricultural  schools,  other 
than  departments  in  high  schools,  less  the  amount  of  tuition 
claims,  paid  or  not,  and  receipts  from  the  labor  of  pupils 
and  sale  of  products;  provided,  that  in  the  case  of  Smith's 
agricultural  school  there  shall  be  added  to  the  sum  raised  by 
local  taxation  the  sum  annually  received  by  the  city  of  North- 
ampton from  the  Smith  charities  and  expended  for  the  main- 
tenance of  the  school,  and  that  in  the  case  of  the  Henrj^  O. 
Peabody  school  for  girls  at  Norwood  there  shall  be  added  to 
the  sum  raised  by  local  taxation  the  sum  annually  received 
by  the  town  of  Norwood  from  the  Peabody  charities  and 
expended  for  the  maintenance  of  the  school. 

Section  2.     Section  eleven  of  said  chapter  seventy-four,  g.  l.  (Ter. 
as  amended  by  section  two  of  chapter  one  hundred  and  two  ^'{li  l^i^ 
of  the  acts  of  nineteen  hundred  and  thirty-three,  is  hereby  amended. 


824 


Acts,  1941.  — Chap.  618. 


Reimburse- 
ment to  cer- 
tain counties. 


further  amended  by  inserting  after  the  word  "Northamp- 
ton" in  the  second  line  the  words:  —  and  the  town  of 
Norwood,  —  so  as  to  read  as  follows:  —  Section  11.  The 
counties  of  Bristol,  Essex  and  Norfolk,  and  the  city  of 
Northampton  and  the  town  of  Norwood  shall,  so  long  as 
their  respective  schools  are  approved,  be  reimbursed  by 
the  commonwealth  as  are  towns  under  section  nine. 

Approved  August  4)  19^1 . 


G.  L.  (Ter. 
Ed.),  121, 
new  §  8B, 
inserted. 


Disposition 
of  unclaimed 
money  held 
by  division 
of  child 
guardianship. 


(7/iar>. 6 18  ^'^  ^CT  RELATIVE  TO  THE  DISPOSITION  OF  CERTAIN  UNCLAIMED 
MONEYS  HELD  BY  THE  DIVISION  OF  CHILD  GUARDIANSHIP 
FOR  THE  BENEFIT  OF  CERTAIN  WARDS  THEREOF, 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-one  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  eight  A,  in- 
serted by  section  two  of  chapter  three  hundred  and  eleven 
of  the  acts  of  nineteen-  hundred  and  thirty-five,  the  fol- 
lowing new  section:  —  Section  8B.  Annually  on  or  before 
November  thirtieth,  the  commissioner  shall  pay  to  the  state 
treasurer  all  unclaimed  money  held  by  the  division  of  child 
guardianship  for  the  benefit  of  any  former  ward  of  the  divi- 
sion whose  whereabouts  is  then  unknown  and  has  been  un- 
known for  seven  years  subsequent  to  his  becoming  of  age. 
At  the  time  of  so  paying  over  any  such  money,  the  commis- 
sioner shall  certify  to  the  comptroller  the  amount  of  such 
money  then  held  for  the  benefit  of  each  former  ward,  his 
full  name,  age,  if  known,  and  last  known  address,  the  names 
of  his  parents,  if  known,  and  such  further  information  as 
they  deem  relevant;  and  said  comptroller  shall  make  and 
keep  a  record  thereof. 

The  state  treasurer  may  receive  from  the  commissioner 
the  unclaimed  money  paid  over  under  this  section  and  shall 
hold  it  as  a  separate  fund.  Upon  certificate  of  the  comptroller 
that  a  claim  thereto  satisfactory  to  him  shall  have  been  es- 
tablished and  approved  in  writing  by  the  attorney  general, 
the  state  treasurer  shall  pay  to  any  former  ward,  or  to  his 
guardian  or  conservator  in  case  of  his  mental  or  other  legal 
disability,  or  to  his  legal  representatives  in  case  of  his  death, 
the  amount  of  money  held  for  his  benefit  and  paid  over  to 
the  state  treasurer  under  this  section,  without  any  accumu- 
lations accruing  thereto  after  such  payment,  out  of  the  princi- 
pal of  the  fund  in  which  the  money  so  claimed  was  held  as 
aforesaid.  The  said  funds,  if  in  cash,  shall  be  invested  safely 
by  the  state  treasurer,  or,  if  in  securities,  he  may  hold  them 
in  their  original  form  or,  upon  the  approval  of  the  governor 
and  council,  sell  them  and  reinvest  the  proceeds  in  securities 
which  are  legal  investments  for  the  commonwealth  sinking 
funds.  He  shall  be  held  responsible  for  the  faithful  manage- 
ment of  said  trust  funds  in  the  same  manner  as  for  other 
funds  held  by  him  in  his  official  capacit5^ 

Approved  August  4,  1941. 


Acts,  1941.  —  Chap.  619.  ,         825 


An  Act  providing  for  the  annual  renewal  of  certlfi-  nfid^  Q\g 

GATES  OF  REGISTRATION  AS   BARBERS,    FURTHER   REGULAT-  ^' 

ING  THE  INSPECTION  AND  APPROVAL  OP  BARBER  SHOPS  AND 
PROVIDING  FOR  THE  REGISTRATION  OF  SUCH  SHOPS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  eighty-seven  H  of  chapter  one  hun-  o.  l.  (Ter. 
dred  and  twelve  of  the  General  Laws  is  hereby  amended  by  f  sVh!  etc.. 
striking  out  the  second  paragraph,  as  most  recently  amended  amended. 
by  chapter  ninety-four  of  the  acts  of  nineteen  hundred  and 
thirty-seven,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

Any  apphcant  failing  to  pass  an  examination  satisfactory  Re-examination 
to  the  board  shall  thereafter  be  entitled  to  re-examination  cant^fetc. 
by  payment  of  a  fee  of  five  dollars  and  by  filing  a  re-exami-  Fees. 
nation  application  upon  a  form  furnished  by  the  board,  but 
two  re-examinations  shall  exhaust  his  privilege  under  his 
original  application,  and  if  he  fails  to  apply  for  re-examina- 
tion within  one  year  after  his  original  examination,  or  to 
appear  for  re-examination  when  notified  so  to  do,  his  re- 
examination privilege  for  such  original  application  shall  be 
forfeited.  Each  such  certificate  of  registration  issued  by 
the  board  shall  expire  on  December  thirty-first  next  suc- 
ceeding its  date.  The  board  may  renew  any  such  registra- 
tion, and  issue  a  certificate  thereof,  upon  the  payment  of  a 
renewal  fee  of  two  dollars.  Any  person  holding  a  certificate 
of  registration  or  renewal  certificate  which  has  expired  may, 
within  three  years  of  the  date  of  expiration,  upon  payment 
of  a  fee  of  two  dollars  for  each  year  since  expiration  and 
upon  furnishing  satisfactory  proof  of  his  qualifications  to 
resume  the  practice  of  his  occupation,  receive  from  the 
board  a  new  certificate  of  registration.  Before  any  registered 
barber  opens  a  barber  shop,  or  moves  his  barber  shop  to  a 
new  location,  or  operates  a  barber  shop  previously  approved 
for  a  prior  owner,  he  shall  apply  to  the  board  for  an  inspec- 
tion and  approval  thereof,  and  the  board  shall  receive  a  fee 
of  five  dollars  for  each  inspection,  and,  upon  the  approval  of 
such  barber  shop,  the  board  shall  issue  a  certificate  of  regis- 
tration for  such  barber  shop,  which  shall  without  further 
fee  be  in  force,  unless  sooner  cancelled,  suspended  or  re- 
voked, until  June  thirtieth  of  the  year  following  the  year  of 
its  issuance.  All  certificates  of  registration  for  barber  shops 
shall  be  renewed  annually  by  filing  applications  therefor  on 
forms  supplied  by  the  board  and  the  payment  of  a  fee  of 
two  dollars,  and  such  renewal  shall,  unless  cancelled,  sus- 
pended or  revoked,  be  in  full  force  and  effect  until  June 
thirtieth  of  the  year  following  its  issuance.  The  board  may 
suspend,  revoke  or  refuse  to  renew  a  certificate  of  registra- 
tion issued  by  it  for  a  barber  shop  if  it  finds,  after  a  hearing, 
notice  of  which  shall  be  given  to  the  owner  or  operator  of 
such  shop,  that  any  of  its  rules  and  regulations  have  been 
violated  in  said  shop,  that  persons  not  authorized  to  prac- 


826 


Acts,  1941.  — Chap.  620. 


Registration  of 
barber  shops. 


tice  the  occupation  of  barbering  have  been  employed  therein 
as  barbers  or  apprentices,  or  that  there  has  been  a  violation 
in  said  shop  of  any  provision  of  sections  eighty-seven  F  to 
eighty-seven  R,  inclusive. 

Section  2.  Every  owner  or  operator  of  a  barber  shop  in 
operation  upon  the  effective  date  of  this  act  shall,  within 
ninety  days  thereafter,  apply  for  a  certificate  of  registra- 
tion for  such  barber  shop  by  fifing  an  appfication  on  a  form 
issued  by  the  board  of  registration  of  barbers  and  paying, 
except  in  the  case  of  a  barber  shop  which  has  already  paid 
an  inspection  fee  during  the  current  year,  a  fee  of  two  dol- 
lars; and  such  certificate  of  registration  shall  be  in  force, 
unless  sooner  cancelled,  suspended  or  revoked,  until  June 
thirtieth  of  the  year  following  its  issuance. 

Approved  August  4,  1941. 


Chap.Q20  An  Act  changing  the  name  of  the  board  of  registra- 
tion OF  NURSES,  increasing  THE  NUMBER  AND  COMPEN- 
SATION OF  ITS  MEMBERS,  PROVIDING  FOR  THE  LICENSING 
OF  ATTENDANTS  AND  ESTABLISHING  AN  APPROVING  AU- 
THORITY FOR  SCHOOLS  FOR  NURSES  AND  SCHOOLS  FOR 
ATTENDANTS. 

Whereas,  The  deferred  operation  of  this  act  would  make 
impossible  the  appointment  of  members  of  the  board  of 
registration  in  nursing  in  accordance  with  the  requirements 
thereof,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  pub- 
Uc  convenience. 


Emergency 
preamble. 


Board  of 
registration 
in  niirsing. 


G.  L.  (Ter. 
Ed.),  13, 
§§  13,  14  and 
15  stricken 
out,  and 
§§  13-15D, 
inserted. 

Same  subject. 

Appoint- 
ment, etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  name  of  the  board  of  registration  of 
nurses,  in  the  division  of  registration  of  the  department  of 
civil  service  and  registration,  is  hereby  changed  to  the  board 
of  registration  in  nursing. 

Section  2.  Chapter  thirteen  of  the  General  Laws  is 
hereby  amended  by  striking  out  sections  thirteen,  fourteen 
and  fifteen,  and  the  heading  before  said  section  thirteen, 
all  as  appearing  in  the  Tercentenary  Edition,  and  inserting 
in  place  thereof,  under  the  heading,  board  of  registration 
IN  NURSING,  the  following  eight  new  sections: —  Section  13. 
There  shall  be  a  board  of  registration  in  nursing,  in  this  sec- 
tion and  in  sections  fourteen  to  fifteen  D,  inclusive,  called 
the  board,  consisting  of  seven  members,  of  whom  one  shall 
be  the  secretary  of  the  board  of  registration  in  medicine, 
ex  officio.  Four  members  shall  be  nurses,  each  of  whom 
shall  be  a  graduate  of  a  different  school  for  nurses  and  shall 
have  been  registered  in  the  commonwealth  at  least  eight 
years  prior  to  his  appointment.  Of  such  nurses,  at  least 
one  shall  be  at  the  time  of  his  appointment  a  member  of 
the  faculty  of  an  approved  school  for  nurses  and  at  least 
one  shall  be  at  the  time  of  his  appointment  a  member  of 
the  faculty  of  an  approved  school  for  attendants.     Two 


Acts,  1941.  — Chap.  620.  827 

members  of  the  board  shall  be  qualified  physicians,  each  of  • 
whom  shall  have  been  registered  in  the  commonwealth  at 
least  eight  years  prior  to  his  appointment.  Of  the  six  ap- 
pointive members,  one  qualified  in  accordance  with  this  sec- 
tion shall  annually  before  October  first  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  to 
hold  office  for  six  years  from  said  October  first. 

Section  I4.  The  board  shall  hold  regular  meetings  on  the  Meetings, 
second  Tuesdays  of  January,  April  and  October  in  each  year  seweTaTy,'°e°c. 
at  the  office  of  the  board  of  registration  in  medicine,  and  it 
may  hold  additional  meetings  at  such  times  and  places  as 
it  may  determine.  At  the  regular  meeting  in  October  it 
shall  organize  by  electing  a  chairman,  who  shall  hold  office 
for  one  year.  The  secretary  of  the  board  of  registration  in 
medicine  shall  be  secretary  of  the  board,  and  shall  receive  as 
compensation  therefor  such  sum  as  may  be  fixed  by  the 
governor  and  council. 

Section  I4A.    There  shall  be  an  assistant  to  the  secretary  Registrar  of 
of  the  board,  called  the  registrar  of  nurses  and  attendants,  attendants, 
who  shall  have  been  a  registered  nurse  for  at  least  five  years  appoint- 
prior  to  his  appointment  and  who,  subject  to  chapter  thirty- 
one,  shall  be  appointed  by  the  director  of  registration,  with 
the  approval  of  the  board.    Said  registrar  shall  be  under  the 
supervision  of  said  secretary,  shall  have  charge  of  the  re- 
registration  of  nurses  and  the  re-licensing  of  attendants  and 
shall  perform  such  other  duties  in  connection  with  the  regis- 
tration of  nurses  and  licensing  of  attendants  as  he  may  direct. 

Section  16.     Each  member  of  the  board,  except  the  secre-  Compensation, 
tary,  shall  receive  as  compensation  three  hundred  dollars  a 
year  for  the  performance  of  his  duties,  and  also  his  necessary 
traveling  expenses  actually  incurred  in  attending  the  meet- 
ings of  the  board,  but  subject  to  section  fifteen  D. 

Section  15 A.  There  shall  be  an  approving  authority  for  Approving 
schools  for  nurses  and  schools  for  attendants,  in  this  section  Llloofs^for*"^ 
and  sections  fifteen  B,  fifteen  C  and  fifteen  D  referred  to  as  l^^^^y^^^ 
the  approving  authority,  consisting  of  seven  members,  of  attendants. 
whom  one  shall  be  the  secretary  of  the  board  of  registration 
in  medicine,  one  shall  be  a  member  of  the  board  of  registra- 
tion in  nursing  who  is  a  nurse  and  a  member  of  the  faculty 
of  an  approved  school  for  nurses,  one  shall  be  a  member  of 
said  last  mentioned  board  who  is  a  nurse  and  a  member  of 
the  faculty  of  an  approved  school  for  attendants  and  one 
shall  be  the  commissioner  of  education,  all  of  said  members 
to  be  designated  by  the  governor  from  time  to  time,  and  three 
shall  be  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  council,  each  to  serve  until  the  expiration  of 
six  years  from  the  termination  of  the  term  of  his  predecessor. 
Said  appointive  members  shall  at  the  time  of  their  appoint- 
ment be  respectively  qualified  as  follows :  —  One  shall  be  a 
trustee  of  a  charitable  hospital  having  an  approved  school 
for  nurses  or  an  approved  school  for  attendants,  one  shall 
be  a  quaUfied  physician  who  shall  have  been  for  at  least 
eight  years  actively  engaged  in  the  practice  of  his  profession 


828 


Acts,  1941.  — Chap.  620. 


Annual 
meeting  of 
approving 
authority. 


Compensation. 

Travel 
expense. 


Compensation, 
etc.,  not  to 
exceed  receipts 
from  regis- 
tration, etc. 


G.  L.  (Ter. 
Ed.),  112, 
§§  74-81, 
stricken  out, 
and  new 
sections 
74-8 IC, 
inserted. 

Board  to  hold 
examinations 
for  registration 
of  nurses. 

Application, 
fees,  etc. 

Re-exami- 
nation, etc. 


and  one  shall  be  a  superintendent  or  an  assistant  superin- 
tendent of  a  hospital  having  an  approved  school  for  nurses 
or  an  approved  school  for  attendants. 

Section  15B.  The  approving  authority  shall  hold  an  an- 
nual meeting  at  the  office  of  the  board  of  registration  in 
medicine  on  the  third  Tuesday  in  October  and  may  hold 
additional  meetings  at  such  times  and  places  as  it  may 
determine.  At  the  annual  meeting  it  shall  elect  a  chairman 
for  the  ensuing  j^ear.  The  secretary  of  the  board  shall  be 
the  secretary  of  the  approving  authority. 

Section  15C.  Each  appointive  member  of  the  approving 
authority  shall  receive  five  dollars  for  each  day  actually 
spent  in  the  performance  of  his  duties,  and  also  his  neces- 
sary traveling  expenses  actually  incurred  in  attending  the 
meetings  of  the  approving  authority  and  inspections  by  the 
approving  authority,  but  subject  to  section  fifteen  D. 

Section  15D.  The  compensation  and  traveling  expenses 
of  the  members  of  the  board  and  of  the  approving  authority, 
and  the  incidental  expenses  necessarily  incurred  by  the 
board  and  by  any  member  thereof  and  by  said  approving 
authority  and  by  any  member  thereof,  paid  by  the  com- 
monwealth, in  any  year  shall  not  exceed  the  receipts  from 
registration  and  licensing  paid  to  the  commonwealth  by  the 
board. 

Section  3.  Chapter  one  hundred  and  twelve  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  sections  seventy- 
four  to  eighty-one,  inclusive,  as  appearing  in  the  Tercente- 
nary Edition,  and  inserting  in  place  thereof  the  following 
fourteen  new  sections:  —  Section  74.  The  board  of  registra- 
tion in  nursing,  in  this  section  and  in  sections  seventy-four  A 
to  seventy-nine,  inclusive,  called  the  board,  shall  hold  exami- 
nations for  the  registration  of  nurses  at  such  times  and 
places  as  it  shall  determine.  Applications  for  registration, 
signed  and  sworn  to  by  the  applicant,  shall  be  made  on 
blanks  furnished  by  the  board.  An  applicant  who  furnishes 
satisfactory  proof  that  he  is  at  least  twenty-one,  of  good 
moral  character  and  a  graduate  of  a  school  for  nurses  ap- 
proved by  the  approving  authority  for  schools  for  nurses 
and  schools  for  attendants  established  by  section  fifteen  A 
of  chapter  thirteen,  in  this  section  and  in  sections  seventy- 
four  A,  seventy-five  and  eighty-one  A  to  eighty-one  C,  in- 
clusive, referred  to  as  the  approving  authority,  shall,  upon 
payment  of  five  dollars,  be  examined  by  the  board,  and,  if 
found  qualified,  shall  be  registered,  with  a  right  to  use  the 
title  registered  nurse  and  to  practice  as  such,  and  shall  re- 
ceive a  certificate  thereof  from  the  board,  signed  by  its  chair- 
man and  secretary.  An  applicant  faiUng  to  pass  an  exami- 
nation satisfactory  to  the  board  shall  be  entitled,  within  one 
year  thereafter,  without  the  payinent  of  an  additional  fee, 
to  a  re-examination  at  a  meeting  of  the  board  called  for  the 
examination  of  applicants,  but  one  such  re-examination  shall 
exhaust  his  privilege  under  his  original  application.    Every 


Acts,  1941.  — Chap.  620.  829 

person  registered  hereunder  who  continues  to  hold  himself 
out  as  a  registered  nurse  shall,  on  or  before  his  birthday  in 
each  year,  renew  his  registration  for  the  ensuing  year  by 
payment  of  one  dollar  to  the  board,  and  thereupon  the  board 
shall  issue  a  certificate  showing  that  the  holder  thereof  m 
entitled  to  practice  as  a  registered  nurse  for  the  period 
covered  by  said  payment;  provided,  that  if  a  birthday  of 
any  person  who  shall  be  registered  hereunder  shall  occur 
within  three  months  after  such  original  registration,  such 
person  need  not  renew  his  registration  until  the  birthday 
next  following  the  birthday  aforesaid.  For  the  purposes  of 
this  section  and  of  section  seventy-four  A,  the  birthday  of 
a  person  born  on  February  twenty-ninth  shall  be  deemed 
to  be  February  twenty-eighth.  In  default  of  such  renewal, 
a  person  registered  hereunder  shall  forfeit  the  right  to  prac- 
tice as  a  registered  nurse  or  to  hold  himself  out  as  such  until 
such  fee  shall  have  been  paid.  The  board,  after  a  hearing, 
by  vote  of  a  majority  of  its  members,  may  annul  the  regis- 
tration and  cancel  the  certificate  of  any  nurse  who  has  been 
found  guilty  of  a  felony. 

Section  74A.    The  board  shall  hold  examinations  for  the  Examinations 
Ucensing  of  attendants  at  such  times  and  places  as  it  shall  o7attlnda°nts. 
determine.     Applications  for  licenses  as  attendants,  signed  Quaiifica- 
and  sworn  to  by  the  applicants,  shall  be  made  on  blanks  tions,  etc. 
furnished  by  the  board.    An  applicant  who  furnishes  satis-  Fees. 
factory  proof  that  he  is  at  least  twenty,  of  good  moral  char-  Re-exami- 
acter  and  a  graduate  of  a  school  for  attendants  approved  by  "^  '*'°' 
the  approving  authority  shall,  upon  payment  of  five  dollars, 
be  examined  by  the  board  and,  if  found  qualified,  shall  be 
licensed,  with  a  right  to  use  the  title  licensed  attendant  and 
to  practice  as  such,  and  shall  receive  a  certificate  thereof 
from  the  board,  signed  by  its  chairman  and  secretary.    An 
applicant  failing  -to  pass  an  examination  satisfactory  to  the 
board  shall  be  entitled  within  one  year  thereafter,  without 
the  payment  of  an  additional  fee,  to  a  re-examination  at  a 
meeting  of  the  board  called  for  the  examination  of  appli- 
cants, but  one  such  re-examination  shall  exhaust  his  privi- 
lege under  his  original  application.     Every  person  licensed 
hereunder  who  continues  to  hold  himself  out  as  a  licensed 
attendant  shall,  on  or  before  his  birthday  in  each  year, 
renew  his  license  for  the  ensuing  year  by  payment  of  one 
dollar  to  the  board,  and  thereupon  the  board  shall  issue  a 
certificate  showing  that  the  holder  thereof  is  entitled  to 
practice  as  a  licensed  attendant  for  the  period  covered  by 
said  payment;    provided,  that,  if  a  birthday  of  any  person 
who  shall  be  licensed  hereunder  shall  occur  within  three 
months  after  such  original  licensing,  such  person  need  not 
renew  his  license  until  the  'birthday  next  following  the  birth- 
day aforesaid.    In  default  of  such  renewal,  a  person  licensed 
hereunder  shall  forfeit  the  right  to  practice  as  a  licensed 
attendant  or  to  hold  himself  out  as  such  until  such  fee  shall 
have  been  paid.     The  board,  after  a  hearing,  by  vote  of  a 


830 


Acts,  1941.  — Chap.  620. 


Aliens  not  to 
be  examined, 
when. 


Contents  of 
examinations. 

Method  of 
conducting. 


Reciprocity 
between  states 
in  registering 
nurses,  etc. 


Investigation 
of  complaints. 


Board  to  keep 
records,  etc. 

Annual  report. 


Rules  and 
regulations. 


Impersonation 
of  registered 
nurse. 


majority  of  its  members,  may  annul  the  license  and  cancel 
the  certificate  of  any  attendant  who  has  been  found  guilty 
of  a  felony. 

Section  74B.  The  board  shall  examine  an  applicant  for 
registration  as  a  nurse  or  for  licensing  as  an  attendant  who 
is  an  alien  only  if  he  presents  to  it  a  copy  of  his  declaration 
of  intention  to  become  a  citizen  of  the  United  States,  certified 
by  the  clerk  of  the  court  in  which  it  was  filed,  or  a  certifi- 
cate from  the  Immigration  and  Naturalization  Service  of 
the  United  States,  showing  that,  in  accordance  with  law,  he 
has  declared  his  intention  to  become  such  citizen.  In  case 
the  applicant  is  subsequently  registered  or  licensed,  unless, 
within  five  years  following  the  filing  of  the  copy  or  certificate 
hereinbefore  referred  to,  he  shall  present  to  the  board  his 
completed  naturalization  papers  showing  that  he  is  a  citizen 
of  the  United  States  his  certificate  of  registration  shall  be 
revoked  and  his  registration  cancelled,  or  his  license  shall 
be  revoked  and  cancelled,  as  the  case  may  be.  The  board 
may  make  pertinent  inquiries  of  any  and  all  applicants  for 
re-registration  or  re-licensing  for  the  purpose  of  determining 
the  citizenship  status  of  any  nurse  or  attendant  re-registered 
or  re-licensed  under  any  provision  of  this  chapter. 

Section  75.  Examinations  shall  be  wholly  or  in  part  in 
writing,  in  the  English  language,  shall  include  the  principles 
and  practice  of  nursing  but  shall  be  limited  to  such  subjects 
as  are  included  in  the  curriculum  established  by  the  approv- 
ing authority,  shall  be  in  content  both  reasonable  and  appro- 
priate for  nurses  or  for  attendants,  as  the  case  may  be,  and 
shall  be  sufficiently  thorough  to  test  the  applicant's  fitness 
to  practice. 

Section  76.  The  board  may  register  or  license  in  like 
manner,  without  examination,  any  person  who  has  been 
registered  as  a  nurse  or  licensed  as  an  attendant,  as  the  case 
may  be,  in  another  state  under  laws  which,  in  the  opinion 
of  the  board,  maintain  standards  substantially  the  same  as 
those  of  this  commonwealth  for  nurses  or  for  attendants, 
as  the  case  may  be.  The  fee  for  registration  or  licensing 
without  examination  under  this  section  shall  be  ten  dollars. 

Section  77.  The  board  shall  investigate  all  complaints 
of  violation  of  sections  seventy-four  to  eighty  A,  inclusive, 
and  report  the  same  to  the  proper  prosecuting  officers. 

Section  78.  The  board  shall  keep  records  of  the  names  of 
all  persons  registered  and  licensed  by  it  and  of  all  money 
received  and  disbursed  by  it  and  duphcates  thereof  shall  be 
open  to  public  inspection  in  the  office  of  the  state  secretary. 
It  shall  make  an  annual  report  of  the  condition  of  nursing 
in  the  commonwealth. 

Section  79.  The  board  may  make  such  rules  and  regula- 
tions consistent  with  law  relative  to  its  procedure  under 
sections  seventy-four  to  seventy-eight,  inclusive,  as  it  deems 
expedient. 

Section  80.  Whoever,  not  being  lawfully  authorized  to 
practice  as  a  registered  nurse  within  the  commonwealth. 


Acts,  1941.  — Chap.  620.  831 

practices  or  attempts  to  practice  as  a  registered  nurse,  or  Penalty, 
uses  the  abbreviation  R.N.,  or  any  other  words,  letters  or 
figures  to  indicate  that  the  person  using  the  same  is  such  a 
registered  nurse,  shall,  except  as  provided  in  section  sixty- 
five,  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars.  Whoever  becomes  or  attempts  to  become  registered, 
or  practices  or  attempts  to  practice,  as  a  registered  nurse 
under  a  false  or  assumed  name  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  five  hundred  dollars 
or  by  imprisonment  for  three  months,  or  both. 

Section  80 A.    Whoever,  not  being  lawfully  authorized  to  impersonation 
practice  as  a  licensed  attendant  within  the  commonwealth,  attenTalu. 
practices  or  attempts  to  practice  as  a  licensed  attendant,  Penalty. 
or  uses  the  abbreviation  L.A.,  or  any  other  words,  letters 
or  figures  to  indicate  that  the  person  using  the  same  is  such 
a  licensed  attendant,  shall,  except  as  provided  in  section 
sixty-five,  be  punished  by  a  fine  of  not  more  than  one  hun- 
dred  dollars.     Whoever  becomes   or   attempts  to   become 
licensed,  or  practices  or  attempts  to  practice,  as  a  licensed 
attendant  under  a  false  or  assumed  name  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars  or  by  imprisonment  for  three  months,  or 
both. 

Section  81.     Sections    seventy-four   to   eighty   A,    inclu-  Gratuitous 
sive,  shall  not  apply  to  gratuitous  nursing  of  the  sick  by  whS'n'^pe/-  ^" 
friends  or  members  of  the  family,  or  to  acts  of  any  person  """^d. 
nursing  the  sick  for  hire  who  does  not  assume  to  be  either 
a  registered  nurse  or  a  licensed  attendant. 

Section  81  A.  The  approving  authority  shall  upon  the  Approving 
request  of  any  school  for  nurses  or  for  attendants  in  the  hllpe""  s^ehoois 
commonwealth  inspect  said  school  and  notify  its  trustees  [.^1;  ""^®*'''' 
or  other  governing  body  if  said  school  is  approved  for  the 
purposes  of  section  seventy-four  or  seventy-four  A,  as  the 
case  may  be,  and,  if  not,  what  steps  said  school  should  take 
in  order  to  gain  the  approval  of  the  approving  authority. 
It  shall  from  time  to  time  inspect  any  school  already  ap- 
proved and  may  withdraw  its  approval  thereof.  Said  au- 
thority shall  notify  the  trustees  or  other  governing  body  of 
each  school  if  it  merits  continuance  of  approval,  and,  if  not, 
may  specify  what  steps  the  school  should  take  to  receive 
continuance  of  approval.  Said  authority  may  make  inspec- 
tions by  any  of  its  members  or  b}^  an  agent  or  agents  des- 
ignated by  it  for  the  purpose,  and  no  approval  shall  be 
withdrawn  unless  an  inspection  has  been  made.  Any  such 
trustees  or  other  governing  body  aggrieved  by  an  adverse  de- 
cision of  the  approving  authority  shall,  on  petition,  be  given 
a  hearing  before  said  authority. 

Section  81 B.    The  approving  authority  may  approve,  for  Approval  of 
the  purposes  of  section  seventy-four  or  seventy-four  A,  any  ^iursei!etc. 
school  for  nurses  or  for  attendants,  as  the  case  may  be, 
in  another  state  which  maintains  standards  substantially  the 
same  as  those  required  for  an  approved  school  in  this  com- 
monwealth, and  which  is  approved  by  the  approving  au- 


832 


Acts,  1941.  — Chap.  620. 


Rules  and 
regvilations 
for  general 
conduct  of 
approved 
Bchools. 


Appointment 
of  members 
of  board. 

Duration  of, 
how  made, 
etc. 


Board  of 
registration  of 
nurses  not 
affected  by 
act. 


Act  not  to 
apply  to  regis- 
tration of 
nurses  in  cer- 
tain instances. 


Attendants 
licensed  with- 
out examina- 
tion, when. 


thority  for  schools  for  nurses  or  for  attendants,  or  corre- 
sponding body,  of  the  state  in  which  the  school  is  situated. 

Section  81 C.  The  approving  authority  may  make  such 
rules  and  regulations  consistent  with  law  relative  to  pro- 
cedure under  sections  eighty-one  A  and  eighty-one  B  as  it 
deems  expedient,  and  shall  make  reasonable  rules  and  regu- 
lations concerning  the  general  conduct  of  approved  schools, 
including  the  qualifications  of  the  principals  and  the  teachers 
therein,  requirements  for  admission  of  students,  the  curricu- 
lum to  be  taught  therein,  the  teaching  equipment,  the  care 
of  the  health  of  the  students  and  their  housing. 

Section  4.  The  successor  of  the  member  of  the  board 
of  registration  in  nursing,  in  this  section  and  in  sections 
four  to  twelve,  inclusive,  called  the  board,  whose  term 
expires  in  the  current  year  shall  be  appomted  for  a  term  of 
six  years.  In  the  month  of  September  in  the  current  year 
the  governor,  with  the  advice  and  consent  of  the  council, 
shall  appoint  as  a  member  of  said  board  one  nurse  who  is  a 
graduate  of  a  school  for  nurses  and  has  been  registered  in 
the  commonwealth  for  at  least  eight  years  prior  to  his  ap- 
pointment, whose  term  shall  expire  on  October  first,  nine- 
teen hundred  and  forty-five,  and  one  physician  who  shall 
have  been  registered  in  the  commonwealth  at  least  eight 
years  prior  to  his  appointment,  whose  term  shall  expire  on 
October  first,  nineteen  hundred  and  forty-six.  The  provi- 
sions of  this  section  shall  govern  notwithstanding  any  pro- 
vision of  chapter  thirteen  of  the  General  Laws  inserted  by 
section  two  of  this  act. 

Section  5.  Nothing  in  this  act  shall  affect  the  terms  of 
office  of  the  members  of  the  board  of  registration  of  nurses 
in  office  on  the  effective  date  hereof,  and  such  members 
shall  severally  continue  to  hold  office  as  if  this  act  had  not 
been  passed. 

Section  6.  The  quaUfications  for  registration  of  nurses 
with  or  without  examination  as  set  forth  in  this  act  shall  not 
apply  to  any  nurse  who  was  eUgible  for  admission  to  examina- 
tion or  for  registration  at  the  time  of  his  graduation,  nor  to 
any  applicant  for  registration  who  shall  have  matriculated 
in  such  a  school  prior  to  the  effective  date  of  this  act;  but 
every  such  appficant  shall  be  subject  to  the  pertinent  re- 
quirements in  force  immediately  preceding  said  effective  date. 

Section  7.  Notwithstanding  any  other  provisions  of 
this  act,  the  board,  within  one  year  after  the  effective  date 
of  this  act,  may  license  attendants  without  examination  as 
hereinafter  provided.  Apphcations  for  licenses  under  this 
section,  signed  and  sworn  to  by  the  applicant,  shall  be  made 
on  blanks  furnished  by  the  board.  An  applicant  who  fur- 
nishes satisfactory  proof  that  he  is  at  least  twenty,  of  good 
moral  character  and  that  he  has  been  engaged  in  active 
practice  as  an  attendant  in  a  competent  manner  in  this  com- 
monwealth for  the  tln-ee  years  immediately  preceding  the 
effective  date  of  this  act  and,  in  the  case  of  an  afien,  if  he 
presents  a  certificate  concerning  citizenship  status  required 


Acts,  1941.  — Chap.  620.  833 

by  section  seventj^-four  B  of  chapter  one  hundred  and  twelve 
of  the  General  Laws,  inserted  by  section  two  of  this  act, 
shall,  upon  payment  of  five  dollars,  be  licensed,  with  a  right 
to  use  the  title  licensed  attendant,  and  to  practice  as  such, 
subject  to  all  the  rules  and  regulations  which  are  provided  for 
attendants  Hcensed  with  examination.  Any  person  licensed 
under  this  section  may  renew  his  license  in  the  manner  pro- 
vided for  the  renewal  of  licenses  in  section  seventy-four  A 
of  chapter  one  hundred  and  twelve  of  the  General  Laws,  as 
inserted  by  section  two  of  this  act. 

Section  8.  Notwithstanding  any  other  provisions  of  if*ens^d  after 
this  act,  the  board,  within  three  years  after  the  effective  date  examination, 
of  this  act,  may  license  attendants  with  examination  as  here-  ^^^°' 
inafter  pro^dded.  Applications  for  license  under  this  section, 
signed  and  sworn  to  by  the  applicant,  shall  be  made  on  blanks 
furnished  by  the  board.  An  applicant  who  furnishes  satis- 
factory proof  that  he  is  at  least  twenty,  of  good  moral  charac- 
ter and  that  he  is  a  graduate  of  a  school  which,  before  said 
effective  date,  was  engaged  in  the  training  of  attendants  and, 
if  he  is  an  aUen,  if  he  presents  a  certificate  concerning  citizen- 
ship status  required  by  section  seventy-four  B  of  chapter 
one  hundred  and  twelve  of  the  General  Laws,  as  inserted 
by  section  two  of  this  act,  shall,  upon  the  pajmient  of  five 
dollars,  be  examined  by  the  board,  and  if  found  qualified 
shall  be  licensed,  with  the  right  to  use  the  title  licensed 
attendant  and  to  practice  as  such,  and  shall  receive  a  certifi- 
cate thereof  from  the  board  signed  by  its  chairman  and 
secretary.  An  applicant  failing  to  pass  an  examination  sat- 
isfactory to  the  board  shall  be  entitled,  within  one  year 
thereafter,  without  the  payment  of  an  additional  fee,  to 
a  re-examination  at  a  meeting  of  the  board  called  for  the  ex- 
amination of  applicants,  but  one  such  re-examination  shall 
exhaust  his  privilege  under  his  original  application.  Any 
person  licensed  under  this  section  may  renew  his  license  in 
the  manner  provided  for  the  renewal  of  licenses  in  section 
seventj^-four  A  of  chapter  one  hundred  and  twelve  of  the 
General  Laws,  as  inserted  by  section  two  of  this  act. 

Section  9.     The  provisions  of  this  act  providing  new  Effective 
eligibiUty  requirements  for  applicants  for  registration  as  '^^^^  °*  *"*" 
nurses  or  for  licenses  as  attendants  shall  not  become  effective 
for  graduates  of  approved  schools  for  nurses  and  for  attend- 
ants until  October  first,  nineteen  hundred  and  forty-four. 

Section  10.    Of  the  appointive  members  of  the  approving  Appointments 
authority  established  by  section  fifteen  A  of  chapter  thir-  of^^^ovCg 
teen  of  the  General  Laws,  inserted  by  section  two  of  this  authority. 
act,  initially  appomted  hereunder,  one  shall  be  appointed  j^JJJ^^'ade?^' 
to  serve  for  two  years,  one  for  four  years  and  one  for  six  etc. 
years  from  October  first  in  the  current  year.     In  lieu  of 
designating  from  the  board  a  nurse  who  is  a  member  of  the 
faculty  of  an  approved  school  for  attendants  as  a  member 
of  said  approving  authority,  the  governor  shall  from  time 
to  time  until  .said  October  first,  nineteen  hundred  and  forty- 
four,  designate  as  such  any  member  of  the  board  who  is  a 


834 


Acts,  1941.  — Chap.  621. 


Kxtension  of 
registration 
of  nurses. 


Alien  regis- 
tered nurses  to 
declare  inten- 
tion to  become 
citizens. 


nurse.  The  provisions  of  this  section  shall  govern  notwith- 
standing any  provision  of  chapter  thirteen  of  the  General 
Laws  inserted  by  section  two  of  this  act. 

Section  11.  The  period  of  registration  of  any  nurse 
duly  registered  for  the  year  nineteen  hundred  and  forty-one, 
under  the  provisions  of  law  in  effect  immediately  prior  to 
the  effective  date  of  this  act,  shall  be  extended  until  the 
birthday  of  said  nurse  in  nineteen  hundred  and  forty-two, 
without  a  new  application  or  the  payment  of  any  additional 
fee,  and  without  the  issuance  of  a  new  certificate.  For  the 
purpose  of  this  section  the  birthday  of  a  person  born  on 
February  twenty-ninth  shall  be  deemed  to  be  February 
twenty-eighth. 

Section  12.  Every  alien  nurse  registered  within  the 
commonwealth  prior  to  the  effective  date  of  this  act  shall, 
within  one  year  following  said  effective  date,  present  to  the 
board  a  copy  of  his  declaration  of  intention  to  become  a 
citizen  of  the  United  States,  certified  by  the  clerk  of  the 
court  in  which  it  was  filed,  or  a  certificate  from  the  Immigra- 
tion and  Naturalization  Service  of  the  United  States,  show- 
ing that  in  accordance  with  law  he  has  declared  his  intention 
to  become  such  a  citizen.  In  case  of  his  failure  so  to  present 
such  certificate,  his  certificate  of  registration  and  registra- 
tion shall  be  suspended  until  he  presents  such  certificate. 
Upon  such  presentation  such  suspension  shall  be  revoked  and 
his  certificate  of  registration  shall  be  reinstated.  Unless  such 
nurse  shall  present  to  the  board,  within  five  years  following 
the  presentation  hereunder  of  the  certificate  hereinbefore 
referred  to,  his  completed  naturalization  papers  showing  that 
he  is  a  citizen  of  the  United  States,  his  certificate  of  regis- 
tration shall  be  revoked  and  his  registration  cancelled. 

Approved  August  4,  1941. 


Chap.Q21  ^^   Act   relative    to   appointments    to    the   regular 

POLICE    force   in   certain    CITIES   AND    TOWNS. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  in  part  is  to  give  certain  rights  to 
intermittent  police  officers,  so  called,  in  certain  cities  and 
towns  with  respect  to  their  appointment  to  the  regular  po- 
lice force  therein,  therefore  it  is  hereby  declared  to  be  an 
emergency  law  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended 
by  inserting  before  section  twenty- one,  as  amended,  the  fol- 
lowing new  section:  —  Section  20C.  In  each  city  and  town 
i^twrnlttenf  "^  haviug  pollce  officers  subject  to  this  chapter  and  classified 
as  intermittent  police  officers,  appointments  to  the  regular 
force  shall  be  made  by  the  appointing  authority  upon  certifi- 
cation by  the  director  from  the  list  of  members  of  the  police 
force  of  such  city  or  town  classified,  in  accordance  with  the 


G.  L.  (Tor. 
Ed),  31, 
new  §  20C, 
inserted. 


police  officers 
to  regular 
force. 


Acts,  1941.  — Chaps.  622,  623.  835 

rules  of  the  commission,  as  members  of  the  special  or  substi- 
tute police  force  of  such  city  or  town,  except  that  the  basis 
of  certification  shall  be  the  order  of  appointment  as  such 
intermittent  police  officers,  or,  if  not  ascertainable,  the  order 
of  the  respective  ratings  of  such  intermittent  police  officers 
obtained  in  the  examination  upon  which  the  list  of  eligibles 
for  appointment  as  such  officers  was  based.  No  intermittent 
police  officer  who  has  passed  his  fiftieth  birthday  shall  be 
appointed  under  this  section  to  the  regular  police  force  of 
such  city  or  town.  Approved  August  4,  lOJfl. 


An  Act  to  provide  for  the  maintenance  and  operation  (Jfidj)  622 
OF  the  state  teachers  college  at  westfield. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  and  opera- 
tion of  the  state  teachers  college  at  Westfield,  and  the  board- 
ing hall  attached  thereto,  with  the  approval  of  the  commis- 
sioner of  education,  the  sums  hereinafter  set  forth,  for  the 
several  purposes  and  subject  to  the  conditions  hereinafter 
specified,  are  hereby  appropriated  from  the  general  fund  or 
revenue  of  the  commonwealth,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof,  for  the  fiscal  year  ending  November  thir- 
tieth, nineteen  hundred  and  forty-one,  and  for  the  fiscal 
year  ending  November  thirtieth,  nineteen  hundred  and 
forty-two:  — 

Appro-  Appro- 
priation priation 
Fiscal  Year  Fiscal  Year 
Item                                                                                                                1941.  1942. 

L3I4-00  State  teachers  college  at  Westfield,  includ- 
ing not  more  than  thirty-five  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
same  purpose  during  the  year  nineteen 
hundred  and  forty-one  .  .  .         $18,015        $73,265 

1314-21  State  teachers  college  at  Westfield,  board- 
ing hall,  including  not  more  than  one 
permanent  position,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  same  purpose  during  the  year  nine- 
teen hundred  and  forty-one  .  .  450  ]  ,200 

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

Approved  August  4,  WJ^l. 


An  Act  providing  for  the  payment  of  a  certain  sum  of 
money  to  verna  k.  draber  of  bourne. 

Be  it  eyiacted,  etc.,  as  follows: 

The  town  of  Bourne  is  hereby  authorized  to  pay  to  Verna 
K.  Draber  of  said  town  the  sum  of  twelve  hundred  and  fifty 
dollars  and  fifty-one  cents,  being  the  amount  expended  by 


C/iap.623 


836  Acts,  1941— Chaps.  624,  625. 

said  town  for  the  relief  and  support  of  said  Verna  K.  Draber 
and  of  her  minor  son,  and  for  the  payment  of  hospital  and 
nursing  bills  for  the  care  of  her  husband,  Ervin  Draber,  who 
died  on  June  eighth,  nineteen  hundred  and  thirty-eight,  in 
consequence  of  injuries  sustained  by  him  on  April  twenty- 
seventh  of  the  same  year,  while  fighting  a  forest  fire  in  the 
Shawme  State  Forest,  said  sum  having  been  repaid  by  her 
to  said  town  after  receipt  by  her  of  the  money  paid  under 
chapter  seventy-six  of  the  resolves  of  nineteen  hundred  and 
thirty-eight.  If  said  town  fails  or  refuses  to  make  the  pay- 
ment to  said  Verna  K.  Draber  as  hereby  authorized  prior 
to  April  first,  nineteen  hundred  and  forty-two,  the  state 
treasurer  shall  issue  his  warrant  requiring  the  assessors  of 
said  town  to  assess  a  tax  to  said  amount,  and  said  amount 
shall  be  collected  and  paid  to  the  state  treasurer  in  the  same 
manner  and  subject  to  the  same  penalties  as  state  taxes. 
Upon  receipt  of  said  amount,  it  shall  be  paid  by  the  state 
treasurer  to  said  Verna  K.  Draber. 

Approved  August  4,  1941- 


Chap. 624  ^N  -^CT  INCKEASING  THE  MINIMUM  AND  MAXIMUM  AMOUNTS 
OF  WEEKLY  COMPENSATION  TO  BE  PAID  FOR  TOTAL  INCA- 
PACITY  UNDER   THE    W^ORKMEN's    COMPENSATION   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Ed V  152"'  Chapter  one  hundred  and  fifty-tv.-o  of  the  General  Laws 

§34,' etc'         is  hereby  amended  by  striking  out  section  thirty-four,  as 
amended.  amended  by  section  two  of  chapter  three  hundred  and  thirty- 

two  of  the  acts  of  nineteen  hundred  and  thirtj^-five,  and  in- 
Totai  serting  in  place  thereof  the  following  section: —  Section  34- 

incapacity.  While  the  incapacity  for  work  resulting  from  the  injury  is 
total,  the  insurer  shall  paj^  to  the  injured  employee  a  weekly 
compensation  equal  to  two  thirds  of  his  average  weekly 
wages,  but  not  more  than  twenty  dollars  nor  less  than  eleven 
dollars  a  week,  unless  the  weekly  wages  of  the  injured  em- 
ployee are  less  than  eleven  dollars,  in  which  case  said  weekly 
compensation  shall  be  equal  to  his  average  weekly  wages, 
but  in  no  case  less  than  seven  dollars  a  week  where  the  num- 
ber of  normal  working  hours  of  the  injured  employee  in  a 
week  are  fifteen  or  more;  provided,  that  the  period  covered 
by  such  compensation  shall  not  be  greater  than  five  hundred 
weeks  nor  the  amount  more  than  forty-five  hundred  dollars. 

Approved  August  4y  1941. 


Chap.Q25  An  Act  placing  i-nder  civil  service  certain  employees 

OF   THE   STATE    FARM. 

Be  it  enacted,  etc.,  as  follows: 

G.  l.  (Ter.  SECTION  1.     Scctiou  four  of  chapter  thirty-one  of  the 

§  4,  et^c^,'  General  Laws,  as  amended,  is  herebj'^  further  amended  by 

amended.         adding  at  the  end  the  following  new  paragraph :  — 


Acts,  1941.  — Chap.  626.  837 

All  permanent  employees  of  the  state  farm,  except  those  Employees  of 
specifically  exempted  by  law  and  qualified  physicians  and  ^^'^^^  ^'""'"■ 
registered  nurses. 

Section  2.  The  incumbents,  on  the  effective  date  of 
this  act,  of  the  positions  at  the  state  farm  placed  under 
civil  service  by  section  one  of  this  act  may  continue  to  serve 
in  such  positions  without  taking  a  civil  service  examination, 
and  their  tenure  of  office  shall  be  unlimited,  subject,  how- 
ever, to  the  civil  service  laws.        Approved  August  4,  1941. 


An  Act  relative  to  the  registration  of  hairdressers  Chap.Q2Q 

AND     the     regulation     OF     THE     OCCUPATION     OF     HAIR- 
DRESSING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eightj^-seven  T  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  twelve  of  the  General  Laws,  inserted  by  section  §  87t,  etc., 
two  of  chapter  four  hundred  and  twenty-eight  of  the  acts  amended. 
of  nineteen  hundred  and  thirty-five,  is  hereby  amended  by 
striking  out  the  paragraph  defining  "Apprentice"  and  in- 
serting after  the  definition  of  "  Hairdressing "  the  following 
new  paragraph :  — 

"Instructor,"  a  person  who  teaches  all  branches  of  hair-  "instructor" 
dressing  and  manicuring  in  a  registered  school.  defined. 

Section  2.    Said  section  eighty-seven  T,  as  so  inserted,  2-,^-,^^2^''- 
is  hereby  further  amended  by  striking  out  the  paragraph  §  87t,  etc., 
defining  "Shop"  and  inserting  in  place  thereof  the  following  amended, 
paragraph :  — 

"Shop,"  a  beauty  shop  to  which  customers  come  for  hair-  "Shop" 

1  -J  "x    1  defined. 

dressing  and  cosmetology. 

Section  3.      Said,  chapter   one   hundred   and   twelve   is  g.  l.  (Ter. 
hereby  further   amended   by  striking   out  section   eighty-  f87u!l?i-., 
seven  U,  as  amended  by  section  two  of  chapter  three  hun-  ^".ended. 
dred  and  eighty-five  of  the  acts  of  nineteen  hundred  and 
thirty-seven,  and  inserting  in  place  thereof  the  following 
section: — Section  87 U.    All  students  enrolled  in  registered  ^a^rdrelsin' 
schools  shall,  within  fifteen  days  after  entering  upon  their  etc.,  to  be 
courses  of  study,  be  registered  with  the  board  by  such  schools,  ■'''sistered. 
Students  at  registered  schools  may,  within  such  fifteen  day 
period,  register  with  the  board.     No  fee  shall  be  required 
for  such  registration.    No  student  shall  practice  hairdressing 
or  manicuring  upon  any  paying  customer.     A  school  shall 
not  pay  a  student  for  any  services  rendered  by  him. 

Section  4.     Said   chapter   one   hundred   and   twelve   is  g.  l.  (Ter. 
hereby  further   amended   by   striking   out   section   eighty-  §87v,ntc., 
seven  V,  as  amended  by  section  three  of  said  chapter  three  amended, 
hundred  and  eighty-five,  and  inserting  in  place  thereof  the 
following  section:  —  Section  87V.     Any  registered  student  Examination 
who  has  completed  a  course  of  at  least  six  months,  including  °^  °p«'"''*°''*- 
at  least  one  thousand  hours  of  professional  training,  in  a 
school  approved  by  the  board,  if  such  registrant  after  appli- 
cation accompanied  by  an  examination  fee  of  five  dollars 


838 


Acts,  1941.  — Chap.  626. 


G.  L.  (Ter. 
Ed.),  112, 
§  87W,  etc. 
amended. 


Registration 
of  hairdressers. 

Examination, 
fee,  etc. 


G.  L.  (Ter. 
Ed.),  112, 
§  87X,  etc., 
amended. 


Registration  of 
manicurists. 

Examination, 
fee,  etc. 


G.  L.  (Ter. 
Ed.),  112, 
§  87AA,  etc. 
amended. 

Registered 
shop. 


for  a  first  examination,  together  with  two  photographs  of 
the  appHcant,  or  three  dollars  for  a  second  or  subsequent 
examination,  passes  an  examination  satisfactory  to  the  board, 
may  be  registered  by  the  board  as  an  operator,  and  as  such 
may  practice  hairdressing  for  compensation  under  the  super- 
vision of  a  registered  hairdresser  during  the  period  of  such 
original  registration,  and  thereafter,  upon  payment  annu- 
ally of  a  renewal  fee  of  two  dollars.  Any  person  making 
application  for  examination  hereunder  may  be  allowed  to 
practice  as  an  operator  until  the  next  examination  by  the 
board,  and  the  board  may  grant,  without  charge,  a  permit 
authorizing  him  to  practice  as  such  operator  until  such  next 
examination,  and  the  board  may  extend  such  permit  until 
a  subsequent  examination  by  the  board. 

Section  5.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  W,  as  amended  by  section  four  of  said  chapter  three 
hundred  and  eighty-five,  and  inserting  in  place  thereof  the 
following  section:  —  Section  87W.  Any  operator  who  has 
had  not  less  than  six  months'  practical  experience  as  such, 
and  who,  after  application  accompanied  by  an  examination 
fee  of  ten  dollars  for  a  first  examination  together  with  two 
photographs  of  the  apphcant  or  five  dollars  for  a  second 
or  subsequent  examination,  passes  a  practical  examination 
satisfactory  to  the  board,  may  be  registered  by  the  board 
as  a  hairdresser,  and  thereafter  may  practice  hairdressing 
in  a  registered  shop  for  compensation  and  may  supervise 
operators,  without  additional  payment  for  the  period  during 
which  such  person  was  originally  registered  as  an  operator, 
and  thereafter  upon  pajaiient  annually  of  a  hairdresser's 
renewal  fee  of  two  dollars. 

Section  6.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  X,  inserted  by  section  two  of  chapter  four  hundred 
and  twenty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  and  inserting  in  place  thereof  the  following  section:  — 
Section  87X.  Any  registered  student  who  has  completed 
a  course  of  at  least  one  month,  including  at  least  one  hun- 
dred hours  of  professional  training  in  manicuring,  in  a  school 
approved  by  the  board,  if  such  registrant  after  application 
accompanied  by  an  examination  fee  of  three  dollars  for  a 
first  examination  together  with  two  photographs  of  the 
applicant  or  two  dollars  for  a  second  or  subsequent  examina- 
tion, passes  an  examination  satisfactory  to  the  board,  may 
be  registered  by  the  board  as  a  manicurist  and  may  practice 
manicuring  for  compensation  during  the  period  of  such  origi- 
nal registration,  and  thereafter  upon  payment  annually  of 
a  renewal  fee  of  two  dollars. 

Section  7.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  AA,  as  so  inserted,  and  inserting  in  place  thereof 
the  following  section:  —  Section  87  A  A.  The  board  may 
authorize  one  or  more  registered  hairdressers  or  any  person 


Acts,  1941.  — Chap.  626.  839 

employing  one  or  more  registered  hairdressers,  upon  pay- 
ment to  the  board  of  a  shop  registration  fee  of  ten  dollars, 
to  operate  a  registered  shop,  and  such  person  or  persons 
may  thereafter  operate  such  shop  upon  payment  annually 
of  a  shop  registration  renewal  fee  of  five  dollars;  provided, 
that  in  the  case  of  a  shop  conducted  solely  by  a  hairdresser 
owning  the  same,  the  shop  registration  fee  and  shop  regis- 
tration renewal  fee  shall  each  be  two  dollars.  The  owner  of 
such  shop  shall  not  employ  for  hire  or  allow  any  hairdresser, 
operator  or  manicurist,  to  work  in  the  shop  unless  regis- 
tered in  accordance  with  sections  eighty-seven  T  to  eighty- 
seven  JJ,  inclusive. 

Section  8.     Said   chapter   one   hundred   and   twelve   is  g.  l.  (Tpp. 
hereby  further  amended  by  striking  out  section  eighty-seven  f  8'7cc,^etc., 
CC,  as  so  inserted,  and  inserting  in  place  thereof  the  fol-  amended. 
lowing   section:  —  Section  87 CC.      The    board    shall   make  Rules  and 
such  uniform  and  reasonable  rules  and  regulations  as  are  co!iclfrm°ng 
necessary  for  the  proper  conduct  of  its  business,  the  estab-  hairdressers, 
lishment  of  proper  standards  of  professional  skill  in  rela- 
tion to,  and  the  proper  supervision  of,  hairdressers,  mani- 
curists, operators,  shops,  schools,  students  and  instructors, 
and  especially  may  prescribe  such  sanitary  rules,  subject  to 
the  approval  of  the  department  of  public  health,  as  it  may 
deem  necessary  to  prevent  the  spreading  of  infectious  or 
contagious  diseases,  or  both,  but  nothing  herein  shall  au- 
thorize the  board  to  limit  the  number  of  hairdressers,  mani- 
curists, shops,  schools,  operators,  students  or  instructors  in 
the  commonwealth  or  in  any  given  locality,  or  to  regulate 
or  fix  compensation  or  prices,  or  to  refuse  to  register  a  shop 
solely  for  the  reason  that  such  shop  is  to  be  conducted  by  a 
person  in  his  own  home  on  a  full  or  part  time  basis,  or  to 
interfere  in  any  way  with  the  conduct  of  the  business  of 
hairdressing  or  manicuring,  except  so  far  as  is  necessary  for 
the  protection  of  the  public  health,  safety  or  morals. 

Section  9.     Said   chapter   one   hundred   and   twelve   is  g.  l.  (Xer. 
hereby  further   amended   by   striking   out   section  eighty-  I'sroa^etc, 
seven  GG,  as  so  appearing,  and  inserting  in  place  thereof  amended, 
the  following  section :  —  Section  87GG.     Each   registration  Expiration  of 
granted  under  sections  eighty-seven  T  to  eighty-seven  JJ,  registrations. 
inclusive,  shall  expire  on  December  thirty-first  next  suc- 
ceeding its  date,  and  shall  be  renewed  upon  the  filing  of  an 
application   therefor,   and   the   payment  of  the  prescribed 
renewal  fee,  on  or  before  its  expiration.     In  default  of  such 
renewal,  a  person  registered  under  said  sections  as  a  hair- 
dresser, manicurist,  instructor  or  operator  shall  forfeit  the 
right  to  engage  in  the  occupation  covered  by  such  registra- 
tion until  the  prescribed  renewal  fee  shall  have  been  paid; 
provided,  that  any  hairdresser,  manicurist,  instructor  or  opera- 
tor  whose   registration   has    not  been  so  renewed    within 
three  years  following  the  date  of  expiration  thereof  shall 
not  be  entitled  to  renewal  of  such  registration  but  shall 
register  anew  under  sections  eighty-seven  T  to  eighty-seven 
J  J,  inclusive. 


840 


Acts,  1941.— Chap.  626. 


G.  L.  (Ter. 
Ed.),  112, 
§  87II,  etc., 
amended. 


Penalty. 


G.  L.  (Ter. 
Ed.),  112, 
§  87JJ,  etc., 
amended. 


Limitation 
of  certain 
sections. 


G.  L.  (Ter. 
Ed.),  140, 
I  51,  etc., 
amended. 


Manicuring, 
massage  or 
vapor  haths 
regulated. 


Section  10.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  II,  as  amended  by  section  eight  of  chapter  three  hun- 
dred and  eighty-five  of  the  acts  of  nineteen  hundred  and 
thirty-seven,  and  inserting  in  place  thereof  the  following 
section :  —  Section  87 II.  Whoever  etigages  in  or  follows,  or 
attempts  to  engage  in  or  follow,  the  occupation  of  an  in- 
structor or  of  hairdressing  or  manicuring,  unless  duly  regis- 
tered by  the  board  or  unless  granted  a  permit  by  the  board 
under  section  eighty-seven  V,  and  whoever  conducts,  or  at- 
tempts to  conduct,  a  shop  or  school  not  so  registered,  and 
whoever  violates  any  provision  of  sections  eighty-seven  T 
to  eighty-seven  HH,  inclusive,  or  any  rule  or  regulation 
made  under  authority  thereof,  shall,  in  addition  to  any 
other  penalty  prescribed  or  authorized  by  said  sections,  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars. 

Section  11.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  J  J,  inserted  by  section  two  of  chapter  four  hundred 
and  twenty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-five,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  87JJ.  Nothing  in  sections  eighty -seven  T 
to  eighty-seven  II,  inclusive,  shall  be  deemed  to  authorize  a 
hairdresser,  instructor  or  operator  to  engage  in  massage  or 
other  occupation  requiring  a  license,  unless  duly  licensed 
therefor,  or  to  prohibit  a  person  registered  under  said  sec- 
tions from  practicing  or  teaching  any  such  occupation,  if 
duly  licensed  therefor. 

Section  12.  Chapter  one  hundred  and  forty  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  section  fifty- 
one,  as  most  recently  amended  by  section  one  of  chapter 
fifty-five  of  the  acts  of  nineteen  hundred  and  thirty-six,  and 
inserting  in  place  thereof  the  following  section :  —  Section  51 . 
No  person  shall  practice  massage,  or  conduct  an  establish- 
ment for  the  giving  of  vapor  baths  for  hire  or  reward,  or 
advertise  or  hold  himself  out  as  being  engaged  in  the  busi- 
ness of  massage  or  the  giving  of  said  baths  without  receiving 
a  license  therefor  from  the  board  of  health  of  the  town 
where  the  said  occupation  is  to  be  carried  on ;  provided,  that 
a  person  registered  as  a  barber  or  apprentice  under  the  pro- 
visions of  section  eighty-seven  H  or  section  eighty-seven  I 
of  chapter  one  hundred  and  twelve  or  as  a  hairdresser,  oper- 
ator, or  a  student  under  the  provisions  of  sections  eighty- 
seven  T  to  eighty-seven  JJ,  inclusive,  of  said  chapter  one 
hundred  and  twelve  may  practice  facial  and  scalp  massag- 
ing without  taking  out  a  license  as  provided  in  this  section. 
The  board  of  health  may  grant  the  license  upon  such  terms 
and  conditions,  and  may  make  such  rules  and  regulations  in 
regard  to  the  carrying  on  of  the  occupation  so  licensed,  as  it 
deems  proper,  and  may  revoke  any  license  granted  by  it  for 
such  cause  as  it  deems  sufficient,  and  without  a  hearing; 
provided,  that  a  person  licensed  to  massage  or  to  conduct  an 
establishment  for  the  giving  of  vapor  baths  in  any  town 


Acts,  1941.— Chap.  627.  841 

may,  at  the  request  of  a  physician,  attend  patients  in  any 
other  town  in  the  commonwealth  without  taking  out  an 
additional  license. 

Section  13.     Clause  (3)  of  section  eighty-eight  of  said  EdV'm'' 
chapter  one  hundred  and  twelve,  as  appearing  in  the  Ter-  §  88,'  ci.  (3). 
centenary  Edition,  is  hereby  amended  hj  adding  at  the  *"'^'^*^^- 
end  the  following :  — - ,  except  that  the  fee  for  duplicates  of 
certificates    of    registration    issued    under   sections    eighty- 
seven  T  to  eighty-seven  JJ,  inclusive,  shall  be  one  dollar,  — 
so  as  to  read  as  follows :  — 

(3)  Issue    a    duplicate    certificate    of    registration    upon  Duplicate 
satisfactory  evidence  that  the  original  certificate  has  been  •'^'^^^''^'t^*- 
lost  or  destroj'ed,  and  the  fee  therefor  shall  be  five  dollars, 
except  that  the  fee  for  duplicates  of   certificates   of  regis- 
tration  issued   under   sections   eighty-seven   T    to  eighty- 
seven  JJ,  inclusive,  shall  be  one  dollar. 

Approved  August  4,  1941. 


An  Act  placing  certain  positions  in  the  department  of  Qfid^  ft27 

PUBLIC    WORKS    under   THE    CIVIL   SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  four  of  chapter  thirty-one  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  amended,  is  hereby  further  amended  by  adding  §  4,  etc^,' 
at  the  end  the  following  new  paragraph :  —  amended. 

The  labor  service  of  the  state  department  of  public  works.  Labor  service 

Section  2.  The  persons  performing  the  duties  of  super-  Spub^w^ka. 
intendent  and  assistant  superintendent  of  the  D  street  ga- 
rage on  the  effective  date  of  the  act  shall  continue  to  be 
employed  in  the  positions  of  superintendent  and  assistant 
superintendent,  respectively,  subject  to  chapter  thirty-one 
of  the  General  Laws. 

Section  3.  Chapter  three  hundred  and  twenty-seven 
of  the  acts  of  nineteen  hundred  and  thirty-five  is  hereby 
amended  by  striking  out,  in  the  twelfth  to  the  fourteenth 
lines,  inclusive,  the  words  "said  appointments  not  being 
subject  to  chapter  thirty-one  of  the  General  Laws,  as  ap- 
pearing in  the  Tercentenary  Edition,",  —  so  as  to  read  as 
follows :  —  All  the  powers,  duties  and  obligations  granted 
and  imposed  by  sections  one  to  twelve,  inclusive,  of  chapter 
eight  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition  or  as  subsequently  amended,  upon  the  superin- 
tendent of  buildings  in  so  far  as  they  relate  to  the  office 
building  known  as  the  Public  Works  building  on  Nashua 
street  in  the  city  of  Boston,  are  hereby  transferred  to  and 
vested  in  the  commissioner  of  public  works,  who  shall  have 
charge  of  the  care  and  operation  of  said  building,  including 
the  repair  thereof  and  improvements  thereto  and  the  ap- 
pointment of  such  employees  as  may  be  necessary  to  en- 
able him  to  perform  his  duties;  excepting  only  that  the 
superint€9ident  of  buildings  may,  under  the  supervision  of 
the  governor  and  council,  assign  rooms  in  said  office  build- 


842  Acts,  1941.  — Chap.  628. 

ing,  and  may  determine  the  occupancy  thereof  in  such  man- 
ner as  the  public  service  may  require. 
Ed)" 31^"  Section  4.     Chapter  thirty-one  of  the  General  Laws  is 

new  '§  18A,        hereby  amended  by  inserting  after  section  eighteen,  as  ap- 
inserted.  pearing  in  the  Tercentenary  Edition,  the  following  new  sec- 

labor'sMvice      ^^^^'-  —  Sectiou  18 A.     Pcrsons  certified  to  fill  positions  in 
of  depart-         the  labor  service  of  the  state  department  of  public  works 
iTc^works^"''      shall  be  certified  according  to  districts,  to  be  established 
by  the  state  department  of  public  works. 

Section  5.  Chapter  thirty-one  of  the  General  Laws,  so 
far  as  it  applies  to  positions  in  the  labor  service  of  the  state 
department  of  public  works,  shall  apply  to  districts  as  set 
up  by  the  state  department  of  public  works,  and  not  to  the 
department  as  a  whole. 

Section  6.  The  persons  holding,  on  July  first  of  the 
current  year,  positions  in  the  department  of  public  works 
referred  to  in  section  one  of  this  act  may  continue  to  serve 
in  such  positions  without  examination  or  re-appointment. 

Approved  August  4,  1941. 

Chap. Q28  An  "A^"^  relative  to  the  laying  out,  widening  and  relo- 
cation OF  certain  streets  and  ways  in  the  town  of 

MARSHFIELD  AND  THE  TAKING  OF  LAND  SUFFICIENT  FOR 
SUITABLE  BUILDING  LOTS  ON  BOTH  SIDES  OF  SUCH  STREETS 
AND    WAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  officers  of  the  town  of  Marshfield  having 
jurisdiction  of  the  alteration  and  relocation  of  highways  and 
the  making  of  specific  repairs  thereon  and  of  the  laying  out, 
relocation  and  alteration  of  town  ways  are  hereby  authorized 
and  directed,  subject  to  all  provisions  of  law  relative  thereto, 
to  lay  out,  widen  or  relocate  the  following  highways  and 
streets,  to  be  of  such  width  as  they  may  determine:  — 

L  To  widen  and  relocate  Ocean  street  from  Satucket 
avenue,  and  from  a  point  nearly  opposite  said  avenue,  to 
Third  road. 

2.  To  lay  out,  widen  and  relocate  Foster  avenue  from  a 
new  intersection  thereof  with  Ocean  street  nearly  opposite 
Satucket  avenue  to  Third  road. 

3.  To  lay  out  a  new  town  way  to  be  called  Everson  road, 
parallel  to  and  next  southwesterly  from  Ocean  street,  ex- 
tending from  Seminole  avenue  to  Second  road  as  hereinafter 
authorized. 

4.  To  lay  out  a  new  town  way  to  be  called  Plymouth 
avenue,  parallel  to  and  next  southwesterly  from  said  Ever- 
son road,  extending  from  Seminole  avenue  to  Second  road 
as  hereinafter  authorized. 

5.  To  relocate,  widen  and  lay  out  Beach  avenue  from 
Foster  avenue  across  Ocean  street  and  said  Everson  road  to 
said  Plymouth  road. 

6.  To  relocate  First  road  from  Foster  avenue  to  Ocean 
street 


Acts,  1941.— Chap.  628.  843 

7.  To  lay  out  a  new  town  way  to  be  called  Second  road, 
in  part  over  the  approximate  location  of  a  private  way, 
known  as  Second  road,  from  Foster  avenue  across  Ocean 
street  to  said  Everson  road  and  thence  to  said  Plymouth 
road. 

8.  To  relocate  Third  road  from  Foster  avenue  to  Ocean 
street. 

9.  To  lay  out  a  new  town  way  to  be  called  Seminole 
avenue,  in  part  over  the  location  of  a  private  way,  known 
as  Seminole  avenue,  from  Ocean  street  to  said  Plymouth 
avenue. 

10.  To  lay  out  the  intersection  of  said  Foster  avenue  and 
said  Ocean  street,  and  to  lay  out,  widen  or  relocate  the 
intersections  between  any  of  the  above  named  existing  or 
prospective  public  ways  and  any  other  existing  or  prospective 
public  or  private  ways. 

Said  town  may  construct  and  improve  the  public  ways 
and  intersections  hereby  authorized  to  be  laid  out,  widened 
and  relocated,  and  in  connection  therewith  may  remove 
and  relocate  structures  affixed  to  the  land  referred  to  in 
section  two. 

Section  2.  For  the  purposes  authorized  by  section  one, 
said  officers  may,  in  the  name  of  and  in  behalf  of  the  town, 
take  in  fee  by  eminent  domain  under  chapter  seventy-nine 
of  the  General  Laws  by  one  or  more  takings,  or  acquire  by 
purchase  at  a  price  of  twenty-five  per  cent  in  excess  of  the 
average  assessed  valuation,  exclusive  of  buildings,  for  the 
years  nineteen  hundred  and  thirty-eight,  nineteen  hundred 
and  thirty-nine  and  nineteen  hundred  and  forty,  the  land 
and  property  hereinafter  specified,  being  more  land  and 
property  than  are  required  for  the  laying  out,  widening  and 
relocation  of  the  highways  and  streets  specified  in  section 
one,  and  such  additional  land  and  property  herein  author- 
ized to  be  taken  being  no  more  in  extent  than  would  be  suf- 
ficient for  suitable  building  lots  abutting  on  said  highways 
and  streets;  provided,  that,  if  such  price  is  unsatisfactory 
to  either  f)arty,  the  town  shall  not  acquire  such  property 
by  purchase  but  shall  take  it  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws :  — 

Lot  1.  A  parcel  of  land  belonging  to,  or  supposed  to  be- 
long to,  Catherine  White,  bounded  and  described  as  follows: 
—  Beginning  at  a  point  in  the  southwesterly  line  of  Ocean 
street  about  opposite  the  extension  of  the  northwesterly 
line  of  Second  road,  said  point  bears  northwesterly  from  and 
is  about  thirty-three  feet  distant  from  a  stone  bound  mark- 
ing a  point  of  curve  in  the  county  layout  of  Ocean  street, 
thence  running  southwesterly  and  bounded  northwesterly 
by  other  land  of  Catherine  White  about  five  hundred  and 
ninety  feet,  thence  turning  and  running  southeasterly  about 
parallel  with  Ocean  street  and  bounded  southwesterly 
by  other  land  of  Catherine  White  about  ten  hundred  and 
seventy-five  feet,  thence  turning  and  running  northeasterly 
in  the  extension  of  the  northwesterly  line  of  Seminole  avenue 


844  Acts,  1941.  — Chap.  628. 

to  land  of  Walter  C.  Hammond,  thence  running  northerly 
and  bounded  easterly  by  said  land  of  Hammond  to  land  now 
or  formerly  of  the  estate  of  Wilmot  V.  Everson,  thence 
turning  and  running  westerly  and  northerly  by  said  land  of 
Everson  to  Ocean  street  and  thence  turning  and  running 
northwesterly  in  the  southwesterly  line  of  Ocean  street  to 
the  point  of  beginning,  and  containing  six  acres  more  or 
less,  —  being  lot  number  one  on  a  "Plan  of  Abington  Vil- 
lage and  Adjacent  Property  in  the  Town  of  Marshfield, 
Massachusetts,  May,  1941,"  drawn  to  a  scale  of  one  inch 
equals  forty  feet,  by  Lewis  W.  Perkins,  county  engineer, 
prepared  for  the  purpose  of  describing  lots  to  be  taken 
under  this  act,  which  plan  is  filed  with  this  act,  and  a  copy 
of  which  is  to  be  filed  in  the  Plymouth  county  registry  of 
deeds,  if  and  when  this  act  is  accepted  by  the  town.  Refer- 
ence is  hereby  made  to  said  plan  for  a  more  complete  descrip- 
tion of  this  lot  and  of  each  and  every  other  lot  and  parcel 
the  taking  of  which  is  herein  authorized. 

Lot  2.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Walter  C.  Hammond,  Elizabeth  Turner,  Tr., 
containing  about  fifty-five  hundred  square  feet,  being  lot 
number  two,  as  shown  on  said  plan. 

Lot  3.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twenty- 
six  hundred  and  seventy  square  feet,  being  lot  number  three, 
as  shown  on  said  plan. 

Lot  4.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  sixteen 
hundred  square  feet,  being  lot  number  four,  as  shown  on 
said  plan. 

Lot  5.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  or  Walter  J.  Townes,  con- 
taining about  fifty-five  hundred  and  seventj'^  square  feet, 
being  lot  number  five,  as  shown  on  said  plan. 

Lot  6.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Arthur  M.  Bowen,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  six,  as  shown  on  said  plan. 

Lot  7.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jeanette  W.  Baker,  containing  about  two  thou- 
I  sand  and  ninety  square  feet,  being  lot  number  seven,  as 

shown  on  said  plan. 

Lot  8.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jeanette  W.  Baker,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  eight,  as  shown  on  said 
plan. 

Lot  9.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jeanette  W.  Baker,  containing  about  one  thou- 
sand square  feet,  being  lot  number  nine,  as  shown  on  said 
plan. 

Lot  10.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  known  as  Winter  street. 

Lot  11.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mrs.  Robert  De  Ossie,  containing  about  thirteen 


Acts,  1941.  — Chap.  628.  845 

hundred  and  five  square  feet,  being  lot  number  eleven,  as 
shown  on  said  plan. 

Lot  12.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Leon  Bourne,  containing  about  twelve  hundred 
and  forty  square  feet,  being  lot  number  twelve,  as  shown 
on  said  plan. 

Lot  13.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Arthur  Southworth,  containing  about  fourteen 
hundred  and  forty-five  square  feet,  being  lot  number  thirteen, 
as  shown  on  said  plan. 

Lot  14.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  H.  Brouthers,  containing  about  sixteen 
hundred  and  fifty  square  feet,  being  lot  number  fourteen,  as 
shown  on  said  plan. 

Lot  15.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eighteen 
hundred  and  sixty  square  feet,  being  lot  number  fifteen,  as 
shown  on  said  plan. 

Lot  16.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  and  thirty-five  square  feet,  being  lot  number  six- 
teen, as  shown  on  said  plan. 

Lot  17.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Albert  H.  Baker,  containing  about  nine  hundred 
square  feet,  being  lot  number  seventeen,  as  shown  on  said 
plan. 

Lot  18.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Marion  Guptil  and  Pauline  Robertson  Parsons, 
containing  about  nine  hundred  square  feet,  being  lot  num- 
ber eighteen,  as  shown  on  said  plan. 

Lot  19.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V,  Everson  estate,  containing  about  eighteen 
hundred  and  sixty  square  feet,  being-  lot  number  nineteen, 
as  shown  on  said  plan. 

Lot  20.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Irma  Almond,  containing  about  six  hundred 
square  feet,  being  lot  number  twenty,  as  shown  on  said  plan. 

Lot  21.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Daisie  O'Sullivan,  containing  about  nineteen  hun- 
dred and  fifty  square  feet,  being  lot  number  twenty-one,  as 
shown  on  said  plan. 

Lot  22.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Marj'-  H.  Crowley,  containing  about  six  hundred 
square  feet,  being  lot  number  twenty-two,  as  shown  on  said 
plan. 

Lot  23.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  H.  Crowley,  containing  about  two  thousand 
four  hundred  and  eight}^  square  feet,  being  lot  number 
twenty-three,  as  shown  on  said  plan. 

Lot  24,  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  two  thou- 
sand seven  hundred  and  twenty-five  square  feet,  being  lot 
number  twenty-four,  as  shown  on  said  plan. 


846  Acts,  1941.  — Chap.  628. 

Lot  25.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  seven 
hundred  and  seventy-eight  square  feet,  being  lot  number 
twenty-five,  as  shown  on  said  plan. 

Lot  26.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight 
hundred  square  feet,  being  lot  number  twenty-six,  as  shown 
on  said  plan. 

Lot  27.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Fred  Tate,  containing  about  one  thousand  square 
feet,  being  lot  number  twenty-seven,  as  shown  on  said  plan. 

Lot  28.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Harold  Haskins,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  twenty-eight,  as  shown 
on  said  plan. 

Lot  29.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Edella  F.  Studley,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  twenty-nine,  as  shown 
on  said  plan. 

Lot  30.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Singleton,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  thirty,  as  shown  on  said 
plan. 

Lot  31.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Albert  Jacobson,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  thirty-one,  as  shown  on 
said  plan. 

Lot  32.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Adeline  Whalen,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  thirty-two,  as  shown  on 
said  plan. 

Lot  33.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  thirty-three,  as  shown 
on  said  plan. 

Lot  34.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  T.  Mark  Connelly,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  thirty-four,  as  shown  on 
said  plan. 

Lot  35.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  Crowley,  containing  about  fifteen  hundred 
square  feet,  being  lot  number  thirty-five,  as  shown  on  said 
plan. 

Lot  36.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  Crowley,  containing  about  eight  hundred 
and  twelve  square  feet,  being  lot  number  thirty-six,  as  shown 
on  said  plan. 

Lot  37.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  Crowley,  containing  about  twelve  hundred 
and  forty  square  feet,  being  lot  number  thirty-seven,  as 
shown  on  said  plan. 

Lot  38.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  H.  Murray,  containing  about  eight  hun- 


Acts,  1941.  — Chap.  628.  847 

dred  square  feet,  being  lot  number  thirty-eight,  as  shown  on 
said  plan. 

Lot  39.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  H.  Murray,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  thirty-nine,  as  shown  on 
said  plan. 

Lot  40.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  H.  Murray,  containing  about  six  hun- 
dred square  feet,  being  lot  number  forty,  as  shown  on  said 
plan. 

Lot  41.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  a  private  way,  being  lot 
number  forty-one,  as  shown  on  said  plan. 

Lot  42.  A  parcel  of  land  known  as  Greenland  Street, 
belonging  to,  or  supposed  to  belong  to,  W.  V.  Everson 
estate,  being  lot  number  forty-two,  as  shown  on  said  plan. 

Lot  43.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Cornelius  Murphy,  containing  about  forty-six 
hundred  and  fifty  square  feet,  being  lot  number  forty-three, 
as  shown  on  said  plan. 

Lot  44.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  and  ten  square  feet,  being  lot  number  forty-four, 
as  shown  on  said  plan. 

Lot  45.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  and  seventy  square  feet,  being  lot  number  forty- 
five,  as  shown  on  said  plan. 

Lot  46,  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  thirteen 
hundred  and  thirty  square  feet,  being  lot  number  forty-six,  as 
shown  on  said  plan. 

Lot  47.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Henry  and  Geneva  M.  Brilliant,  containing  about 
thirteen  hundred  and  eighty  square  feet,  being  lot  number 
forty-seven,  as  shown  on  said  plan. 

Lot  48.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  thirty  square  feet,  being  lot  number  forty- 
eight,  as  shown  on  said  plan. 

Lot  49.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  seventy  square  feet,  being  lot  number  forty- 
nine,  as  shown  on  said  plan. 

Lot  50.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  seventy  square  feet,  being  lot  number  fifty,  as 
shown  on  said  plan. 

Lot  51.  A  parcel  of  land  known  as  a  private  way,  be- 
longing to,  or  supposed  to  belong  to,  W.  V.  Everson  estate, 
being  lot  number  fifty-one,  as  shown  on  said  plan. 

Lot  52.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Clara  Bourne,  containing  about  fifteen  hundred 


848  Acts,  1941.  — Chap.  628. 

and  thirty-eight  square  feet,  being  lot  number  fifty-two,  as 
shown  on  said  plan. 

Lot  53.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Clara  Bourne,  containing  about  fifteen  hundred 
and  sixty  square  feet,  being  lot  number  fifty-three,  as  shown 
on  said  plan. 

Lot  54.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  E.  P.  McLeod,  containing  about  fifteen  hundred 
and  seventy-seven  square  feet,  being  lot  number  fifty-four, 
as  shown  on  said  plan. 

Lot  55.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eighty-six  square  feet,  being  lot  number  fifty- 
five,  as  shown  on  said  plan. 

Lot  56.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  ninety  square  feet,  being  lot  number  fifty-six, 
as  shown  on  said  plan. 

Lot  57.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Gertrude  De  Chambeau,  containing  about  fifteen 
hundred  and  ninety  square  feet,  being  lot  number  fifty-seven, 
as  shown  on  said  plan. 

Lot  58.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Warner,  containing  about  fifteen  hundred 
and  eighty-one  square  feet,  being  lot  number  fifty-eight,  as 
shown  on  said  plan. 

Lot  59.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  sixty-eight  square  feet,  being  lot  number  fifty- 
nine,  as  shown  on  said  plan. 

Lot  60.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  one  thou- 
sand and  thirty-seven  square  feet,  being  lot  number  sixty, 
as  shown  on  said  plan. 

Lot  6L  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  two  thou- 
sand and  fifty-five  square  feet,  being  lot  number  sixty-one, 
as  shown  on  said  plan. 

Lot  62.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Leo  J.  Hopkins  et  ux.,  containing  fifteen  hundred 
and  twenty-four  square  feet,  being  lot  number  sixty-two, 
as  shown  on  said  plan. 

Lot  63.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  sixty-thiee  square  feet,  being  lot  number  sixty- 
three,  as  shown  on  said  plan. 

Lot  64.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Simon  O'Connell,  containing  about  eight  hundred 
square  feet,  being  lot  number  sixty-four,  as  shown  on  said 
plan. 

Lot  65.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Conefrey,  containing  about  eight  hundi-ed 


Acts,  1941.  — Chap.  628.  849 

square  feet,  being  lot  number  sixty-five,  as  shown  on  said 
plan. 

Lot  66.  "  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight 
hundred  square  feet,  being  lot  number  sixty-six,  as  shown  on 
said  plan. 

Lot  67.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  sixty-seven,  as  shown  on 
said  plan. 

Lot  68.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Morris  Villiers,  containing  about  eight  hundred 
square  feet,  being  lot  number  sixty-eight,  as  shown  on  said  plan. 

Lot  69.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  Y.  Everson  estate,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  sixty-nine,  as  shown  on 
said  plan. 

Lot  70.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Emma  Bourne,  containing  about  eight  hundred 
square  feet,  being  lot  number  seventy,  as  shown  on  said  plan. 

Lot  71.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  seventy-one,  as  shown  on 
said  plan. 

Lot  72.     A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Pljaiiouth  Co-operative  Bank,  containing  about  • 
eighteen  hundred  and  fifteen  square  feet,  being  lot  number 
seventy-two,  as  shown  on  said  plan. 

Lot  73.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Herbert  E.  Jordan,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  seventy-three,  as  shown 
on  said  plan. 

Lot  74.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Herbert  E.  Jordan,  containing  about  fourteen  hun- 
dred and  ninety-two  square  feet,  being  lot  number  seventy- 
four,  as  shown  on  said  plan. 

Lot  75.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
seventy-five,  as  shown  on  said  plan. 

Lot  76.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
seventy-six,  as  shown  on  said  plan. 

Lot  77.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  and  eighteen  square  feet,  being  lot  number  seventy- 
seven,  as  shown  on  said  plan. 

Lot  78.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Clara  Bourne,  containing  about  fourteen  hundred 
and  fifty-four  square  feet,  being  lot  number  seventy-eight, 
as  shown  on  said  plan. 


850  Acts,  1941.  — Chap.  628. 

Lot  79.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
seventy-nine,  as  shown  on  said  plan. 

Lot  80.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number  eighty, 
as  shown  on  said  plan. 

Lot  81.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-one,  as  shown  on  said  plan. 

Lot  82.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  sixty-seven  square  feet,  being  lot  number 
eighty-two,  as  shown  on  said  plan. 

Lot  83.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  sixty-seven  square  feet,  being  lot  number 
eighty-three,  as  shown  on  said  plan. 

Lot  84.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-four,  as  shown  on  said  plan. 

Lot  85.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-five,  as  shown  on  said  plan. 

Lot  86.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-six,  as  shown  on  said  plan. 

Lot  87.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-seven,  as  shown  on  said  plan. 

Lot  88.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-eight,  as  shown  on  said  plan. 

•  Lot  89.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number 
eighty-nine,  as  shown  on  said  plan. 

Lot  90.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  thirty-eight  square  feet,  being  lot  number 
ninety,  as  shown  on  said  plan. 

Lot  91.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Catherine  McKeever,  containing  about  eighteen 
hundred  square  feet,  being  lot  number  ninety-one,  as  shown 
on  said  plan. 


Acts,  1941.  — Chap.  628.  851 

Lot  92.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  known  as  Newbury  Street, 
being  lot  number  ninety-two,  as  shown  on  said  plan. 

Lot  93.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  square  feet,  being  lot  number  ninety-three,  as 
shown  on  said  plan. 

Lot  94.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Charles  L  Bassett,  containing  about  sixty-four 
hundred  and  fifty  square  feet,  being  lot  number  ninety-four, 
as  shown  on  said  plan. 

Lot  95.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Harold  W.  Sturtevant,  containing  about  two 
thousand  and  seven  square  feet,  being  lot  number  ninety- 
five,  as  shown  on  said  plan. 

Lot  96.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Harold  W.  Sturtevant,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  ninety-six,  as  shown 
on  said  plan. 

Lot  97.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  bemg  lot  number  ninety- 
seven,  as  shown  on  said  plan. 

Lot  98.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  being  lot  number  ninety- 
eight,  as  shown  on  said  plan. 

Lot  99.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  being  lot  number  ninety- 
nine,  as  shown  on  said  plan. 

Lot  100.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  being  lot  number  one  hun- 
dred, as  shown  on  said  plan. 

Lot  101.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  being  lot  number  one  hun- 
dred and  one,  as  shown  on  said  plan. 

Lot  102.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  being  lot  number  one  hun- 
dred and  two,  as  shown  on  said  plan. 

Lot  103.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Horatio  Purcell,  containing  about  fifteen  hundred 
and  eight  square  feet,  being  lot  number  one  hundred  and 
three,  as  shown  on  said  plan. 

Lot  104.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Annie  O'Neil,  containing  about  fifteen  hundred 
and  eight  square  feet,  being  lot  number  one  hundred  and 
four,  as  shown  on  said  plan. 

Lot  105,     A  parcel  of  land  belonging  to,  or  supposed  to 


852  Acts,  1941.  — Chap.  628. 

belong  to,  Annie  O'Neil,  containing  about  fifteen  hundred 
and  eight  square  feet,  being  lot  number  one  hundred  and 
five,  as  shown  on  said  plan. 

Lot  106.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  four  square  feet,  being  lot  number  one  hun- 
dred and  six,  as  shown  on  said  plan. 

Lot  107.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
seven,  as  shown  on  said  plan. 

Lot  108.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundi-ed  and  forty  square  feet,  being  lot  number  one  hun- 
dred and  eight,  as  shown  on  said  plan. 

Lot  109.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  and  fifty  square  feet,  being  lot  number  one  hundred 
and  nine,  as  shown  on  said  plan. 

Lot  110.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  one  hundred  and  ten, 
as  shown  on  said  plan. 

Lot  111.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twelve 
hundred  square  feet,  being  lot  number  one  hundred  and 
eleven,  as  shown  on  said  plan. 

Lot  112.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Leslie  and  Delphine  Clark,  containing  about 
fifteen  hundred  square  feet,  being  lot  number  one  hundred 
and  twelve,  as  shown  on  said  plan. 

Lot  113.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  one  hundred  and  thirteen, 
as  shown  on  said  plan. 

Lot  114.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  one  hundred  and  four- 
teen, as  shown  on  said  plan. 

Lot  115.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Leslie  and  Delphine  Clark,  containing  about 
fifteen  hundred  square  feet,  being  lot  number  one  hundred 
and  fifteen,  as  shown  on  said  plan. 

Lot  116.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight  hun- 
dred square  feet,  being  lot  number  one  hundred  and  sixteen, 
as  shown  on  said  plan. 

Lot  117.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  Blanchard,  containing  about  one  thousand 
square  feet,  being  lot  number  one  hundred  and  seventeen, 
as  shown  on  said  plan. 

Lot  118.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  William  G.  McGlinchey,  containing  about  twenty- 


Acts,  1941.  — Chap.  628.  853 

five  hundred  square  feet,  being  lot  number  one  hundred  and 
eighteen,  as  shown  on  said  plan. 

Lot  119.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  G.  Horrigan,  containing  about  twenty-five 
hundred  square  feet,  being  lot  number  one  hundred  and 
nineteen,  as  shown  on  said  plan. 

Lot  120.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ehzabeth  Hennessey,  containing  about  twenty- 
four  hundred  and  ninety-eight  square  feet,  being  lot  number 
one  hundred  and  twenty,  as  shown  on  said  plan. 

Lot  121.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Annie  Casey,  containing  about  twenty-six  hun- 
dred and  forty  square  feet,  being  lot  number  one  hundred 
and  twenty-one,  as  shown  on  said  plan. 

Lot  122.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Carl  M.  Bourne,  containing  about  fifteen  hundred 
square  feet,  being  lot  number  one  hundred  and  twenty-two, 
as  shown  on  said  plan. 

Lot  123.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ellsworth  Bourne,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  one  hundred  and  twenty- 
three,  as  shown  on  said  plan. 

Lot  124.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  thirteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
twenty-four,  as  shown  on  said  plan. 

Lot  125.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Condon,  containing  about  fourteen  hun- 
dred and  ninety-two  square  feet,  being  lot  number  one  hun- 
dred and  twenty-five,  as  shown  on  said  plan. 

Lot  126.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number  one 
hundred  and  twenty-six,  as  shown  on  said  plan. 

Lot  127.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number  one 
hundred  and  twenty-seven,  as  shown  on  said  plan. 

Lot  128.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Theresa  E.  Condon,  containing  about  fourteen 
hundred  and  ninety-two  square  feet,  being  lot  number  one 
hundred  and  twenty-eight,  as  shown  on  said  plan. 

Lot  129.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  NelUe  M.  Jones,  containing  about  fourteen  hun- 
dred and  ninety-two  square  feet,  being  lot  number  one  hun- 
dred and  twenty-nine,  as  shown  on  said  plan. 

Lot  130.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Johanna  T.  Hunt,  containing  about  fourteen  hun- 
dred and  ninety-two  square  feet,  being  lot  number  one  hun- 
dred and  thirty,  as  shown  on  said  plan. 

Lot  131.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Johanna  T.  Hunt,  containing  about  fourteen  hun- 


854  Acts,  1941.  — Chap.  628. 

dred  and  ninety-four  square  feet,  being  lot  number  one  hun- 
dred and  thirty-one,  as  shown  on  said  plan. 

Lot  132.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
thirty-two,  as  shown  on  said  plan. 

Lot  133.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
thirty- three,  as  shown  on  said  plan. 

Lot  134.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  seven- 
teen hundred  square  feet,  being  lot  number  one  hundred 
and  thirty-four,  as  shown  on  said  plan. 

Lot  135.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  two 
thousand  square  feet,  being  lot  number  one  hundred  and 
thirty-five,  as  shown  on  said  plan. 

Lot  136.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Abbie  and  Wallace  Blanchard,  containing  about 
eleven  hundred  square  feet,  being  lot  number  one  hundred 
and  thirty-six,  as  shown  on  said  plan. 

Lot  137.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Abbie  and  Wallace  Blanchard,  containing  about 
nine  hundred  square  feet,  being  lot  number  one  hundred 
and  thirty-seven,  as  shown  on  said  plan. 

Lot  138.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Abbie  Blanchard,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  one  hundred  and  thirty- 
eight,  as  shown  on  said  plan. 

Lot  139.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  four  thou- 
sand square  feet,  being  lot  number  one  hundred  and  thirty- 
nine,  as  shown  on  said  plan. 

Lot  140.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Andrew  T.  Monahan,  containing  about  fourteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
forty,  as  shown  on  said  plan. 

Lot  141.  A  parcel  of  land  known  as  Wyoma  place,  be- 
longing to,  or  supposed  to  belong  to,  W.  V.  Everson  estate, 
being  lot  number  one  hundred  and  forty-one,  as  shown  on 
said  plan. 

Lot  142.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
forty-two,  as  shown  on  said  plan. 

Lot  143.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eighteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
forty-three,  as  shown  on  said  plan. 

Lot  144.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Gladys  Hennigar,  containing  about  fifteen  hun- 


Acts,  1941.  — Chap.  628.  855 

dred  square  feet,  being  lot  number  one  hundred  and  forty- 
four,  as  shown  on  said  plan. 

Lot  145.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Wilfred  J.  Croteau,  containing  about  fifteen  hun- 
dred square  feet,  being  lot  number  one  hundred  and  forty- 
five,  as  shown  on  said  plan. 

Lot  146.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eight 
hundred  square  feet,  being  lot  number  one  hundred  and 
forty-six,  as  shown  on  said  plan. 

Lot  147.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  a  private  way,  being  lot 
number  one  hundred  and  forty-seven,  as  shown  on  said 
plan. 

Lot  148.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Margaret  Bryce,  containing  about  eight  hundred 
and  ten  square  feet,  being  lot  number  one  hundred  and 
forty-eight,  as  shown  on  said  plan. 

Lot  149.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Margaret  Bryce,  containing  about  seven  hundred 
and  twenty  square  feet,  being  lot  number  one  hundred  and 
forty-nine,  as  shown  on  said  plan. 

Lot  150.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  seven 
hundred  and  five  square  feet,  being  lot  number  one  hundred 
and  fifty,  as  shown  on  said  plan. 

Lot  151.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  ten  hun- 
dred and  thirty  square  feet,  being  lot  number  one  hundred 
and  fifty-one,  as  shown  on  said  plan. 

Lot  152.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Nona  Z.  Horrigan,  containing  about  tw^enty-five 
hundred  square  feet,  being  lot  number  one  hundred  and 
fifty-two,  as  shown  on  said  plan. 

Lot  153.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Clara  M.  Bourne,  containing  about  two  thou- 
sand square  feet,  being  lot  number  one  hundred  and  fifty- 
three,  as  shown  on  said  plan. 

Lot  154.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  thirteen 
hundred  and  fifty-three  square  feet,  being  lot  number  one 
hundred  and  fifty-four,  as  -shown  on  said  plan. 
,  Lot  155.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Margaret  A'Hearn,  containing  about  thirteen 
hundred  and  fifty-seven  square  feet,  being  lot  number  one 
hundred  and  fifty-five,  as  shown  on  said  plan. 

Lot  156.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Margaret  Doyle,  containing  about  thirteen  hun- 
dred and  fifty-seven  square  feet,  being  lot  number  one  hun- 
dred and  fifty-six,  as  shown  on  said  plan. 

Lot  157.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,   Anastasia  Heffernan,   containing  about   fifteen 


856  Acts,  1941.  — Chap.  628. 

hundred  square  feet,  being  lot  number  one  hundred  and 
fifty-seven,  as  shown  on  said  plan. 

Lot  158.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Joseph  S.  Fritz  et  ux.,  containing  about  fourteen 
hundred  and  forty-three  square  feet,  being  lot  number  one 
hundred  and  fifty-eight,  as  shown  on  said  plan. 

Lot  159.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  fifteen 
hundred  and  eight  square  feet,  being  lot  number  one  hun- 
dred and  fifty-nine,  as  shown  on  said  plan. 

Lot  160.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  William  E.  Tempro  et  ux.,  containing  about  fif- 
teen hundred  and  eight  square  feet,  being  lot  number  one 
hundred  and  sixty,  as  shown  on  said  plan. 

Lot  161.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Frank  Delgaudia,  containing  about  fifteen  hun- 
dred and  eight  square  feet,  being  lot  number  one  hundred 
and  sixty-one,  as  shown  on  said  plan. 

Lot  162.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eleven 
hundred  and  eighty-eight  square  feet,  being  lot  number  one 
hundred  and  sixty-two,  as  shown  on  said  plan. 

Lot  163.  A  parcel  of  land  known  as  Wyoma  park,  be- 
longing to,  or  supposed  to  belong  to,  W.  V.  Everson  estate, 
being  lot  number  one  hundred  and  sixty-three,  as  shown  on 
said  plan. 

Lot  164.  A  parcel  of  land  known  as  Wyoma  avenue, 
belonging  to,  or  supposed  to  belong  to,  W.  V.  Everson  es- 
tate, being  lot  number  one  hundred  and  sixty-four,  as  shown 
on  said  plan. 

Lot  165.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  four 
thousand  square  feet,  being  lot  number  one  hundred  and 
sixty-five,  as  shown  on  said  plan. 

Lot  166.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Nona  Z.  Horrigan,  containing  about  four  thou- 
sand square  feet,  being  lot  number  one  hundred  and  sixty- 
six,  as  shown  on  said  plan. 

Lot  167.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Arthur  Tradd,  containing  about  four  thousand 
square  feet,  being  lot  number  one  hundred  and  sixty-seven, 
as  shown  on  said  plan. 

Lot  168.     A  parcel  of  land  belonging  to,  or  supposed  to» 
belong  to,  Louise  Smith,  containing  about  nineteen  hundred 
and  twenty  square  feet,  being  lot  number  one  hundred  and 
sixty-eight,  as  shown  on  said  plan. 

Lot  169.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Anna  Rodes,  containing  about  three  thousand 
and  forty  square  feet,  being  lot  number  one  hundred  and 
sixty -nine,  as  shown  on  said  plan. 

Lot  170.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,   Charles   and   Mary   Upham,   containing   about 


Acts,  1941.  — Chap.  628.  867 

thirty-two  hundred  and  eighty  square  feet,  being  lot  number 
one  hundred  and  seventy,  as  shown  on  said  plan. 

Lot  171.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Arthur  Tradd,  containing  about  two  thousand 
square  feet,  being  lot  number  one  hundred  and  seventy-one, 
as  shown  on  said  plan. 

Lot  172.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  estate  of  Walter  H.  Clark,  containing  about  four 
thousand  square  feet,  being  lot  number  one  hundred  and 
seventy-two,  as  shown  on  said  plan. 

Lot  173.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  and  Nora  Foley,  containing  about  four  thou- 
sand square  feet,  being  lot  number  one  hundred  and  seventy- 
three,  as  shown  on  said  plan. 

Lot  174.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jennie  Archambault,  containing  about  seven 
hundred  and  twenty-six  square  feet,  being  lot  number  one 
hundred  and  seventy-four,  as  shown  on  said  plan. 

Lot  175.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  seven 
hundred  and  twenty-six  square  feet,  being  lot  number  one 
hundred  and  seventy-five,  as  shown  on  said  plan. 

Lot  176.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  nine  hun- 
dred and  ninety  square  feet,  being  lot  number  one  hundred 
and  seventy-six,  as  shown  on  said  plan. 

Lot  177.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Charles  Upham,  containing  about  six  hundred  and 
forty-eight  square  feet,  being  lot  number  one  hundred  and 
seventy-seven,  as  shown  on  said  plan. 

Lot  178.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  known  as  West  Beach 
avenue,  being  lot  number  one  hundred  and  seventy-eight, 
as  shown  on  said  plan. 

Lot  179.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ai'thur  Gadd,  containing  about  four  thousand 
square  feet,  being  lot  number  one  hundred  and  seventy-nine, 
as  shown  on  said  plan. 

Lot  180.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  Moynihan,  containing  about  twelve  hun- 
dred square  feet,  being  lot  number  one  hundred  and  eighty, 
as  shown  on  said  plan. 

Lot  181.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Daniel  M.  Glynn,  containing  about  nine  hundred 
and  sixty  square  feet,  being  lot  number  one  hundred  and 
eighty-one,  as  shown  on  said  plan. 

Lot  182.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Warren  Coombs,  containing  about  one  thousand 
and  eighty  square  feet,  being  lot  number  one  hundred  and 
eighty-two,  as  shown  on  said  plan. 

Lot  183.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  sixteen 


858  Acts,  1941.  — Chap.  628. 

hundred  and  fifty  square  feet,  being  lot  number  one  hundred 
and  eighty-three,  as  shown  on  said  plan. 

Lot  184.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Merriom  Newcomb,  containing  about  sixteen 
hundred  and  fifty  square  feet,  being  lot  number  one  hundred 
and  eighty-four,  as  shown  on  said  plan. 

Lot  185.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Arthur  L.  Everson,  containing  about  nineteen 
hundred  and  ninety-two  square  feet,  being  lot  number  one 
hundred  and  eighty-five,  as  shown  on  said  plan. 

Lot  186.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  two  thou- 
sand square  feet,  being  lot  number  one  hundred  and  eighty- 
six,  as  shown  on  said  plan. 

Lot  187.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  two  thou- 
sand square  feet,  being  lot  number  one  hundred  and  eighty- 
seven,  as  shown  on  said  plan. 

Lot  188.  A  parcel  of  land,  known  as  a  private  way,  be- 
longing to,  or  supposed  to  belong  to,  W.  V.  Everson  estate, 
being  lot  number  one  hundred  and  eighty-eight,  as  shown  on 
said  plan. 

Lot  189.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  sixteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
eighty-nine,  as  shown  on  said  plan. 

Lot  190.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  eighteen 
hundred  square  feet,  being  lot  number  one  hundred  and 
ninety,  as  shown  on  said  plan. 

Lot  191.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Adelard  Demers,  containing  about  thirty-two 
hundred  square  feet,  being  lot  number  one  hundred  and 
ninety-one,  as  shown  on  said  plan. 

Lot  192.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  known  as  a  private  way, 
being  lot  number  one  hundred  and  ninety-two,  as  shown  on 
said  plan. 

Lot  193.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mary  Horrigan,  containing  about  thirty-two  hun- 
dred square  feet,  being  lot  number  one  hundred  and  ninety- 
three,  as  shown  on  said  plan. 

Lot  194.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Bartholomew  Finnerty,  containing  twenty-one 
hundred  and  forty-five  square  feet,  being  lot  number  one 
hundred  and  ninety-four,  as  shown  on  said  plan. 

Lot  195.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  known  as  a  private  way, 
being  lot  number  one  hundred  and  ninety-five,  as  shown  on 
said  plan. 

Lot  196.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twenty- 


Acts,  1941.  — Chap.  628.  859 

three  hundred  square  feet,  being  lot  number  one  hundred 
and  ninety-six,  as  shown  on  said  plan. 

Lot  197.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  six  hun- 
dred and  eighty  square  feet,  being  lot  number  one  hundred 
and  ninety-seven,  as  shown  on  said  plan. 

Lot  198.     A  parcel  of  land  belonging  to,  or  supposed  to    > 
belong  to,  W.  V.  Everson  estate,  containing  about  two  hun- 
dred and  eighty  square  feet,  being  lot  number  one  hundred 
and  ninety-eight,  as  shown  on  said  plan. 

Lot  199.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Harrison  Soule,  containing  about  forty-two  hun- 
dred and  eighty  square  feet,  being  lot  number  one  hundred 
and  ninety-nine,  as  shown  on  said  plan. 

Lot  200.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Lillian  C.  Alden,  containing  about  seventy-three 
hundred  and  fifty  square  feet,  being  lot  number  two  hundred, 
as  shown  on  said  plan. 

Lot  201.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  Conant,  containing  about  thirty-four 
hundred  square  feet,  being  lot  number  two  hundred  and 
one,  as  shown  on  said  plan. 

Lot  202.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Sumner  P.  Bowker,  containing  about  thirty- 
seven  hundred  and  fifteen  square  feet,  being  lot  number  two 
hundred  and  two,  as  shown  on  said  plan. 

Lot  203.  A  parcel  of  land  belonging  to,  or  supposed 
to  belong  to,  Samuel  Drake,  containing  about  thirty-seven 
hundred  and  fifteen  square  feet,  being  lot  number  two  hun- 
dred and  three,  as  shown  on  said  plan. 

Lot  204.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  King,  containing  about  seventeen  hun- 
dred square  feet,  being  lot  number  two  hundred  and  four, 
as  shown  on  said  plan. 

Lot  205.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jotham  Dunham,  containing  about  eight  thou- 
sand square  feet,  being  lot  number  two  hundred  and  five, 
as  shown  on  said  plan. 

Lot  206.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jotham  Dunham,  known  as  Dunham  Lane, 
being  lot  number  two  hundred  and  six,  as  shown  on  said 
plan. 

Lot  207.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  King,  containing  about  fifteen  hundred 
and  forty  square  feet,  being  lot  number  two  hundred  and 
seven,  as  shown  on  said  plan. 

Lot  208.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Edwin  H.  Ewell,  containing  about  twenty-three 
hundred  and  ninety  square  feet,  being  lot  number  two  hun- 
dred and  eight,  as  shown  on  said  plan. 

Lot  209.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Arch  Freeman,  containing  about  forty-five  hun- 


860  Acts,  1941.— Chap.  628. 

dred  and  ten  square  feet,  being  lot  number  two  hundred  and 
nine,  as  shown  on  said  plan. 

Lot  210.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Anna  McMullen,  containing  about  twenty-two 
hundred  square  feet,  being  lot  number  two  hundred  and  ten, 
as  shown  on  said  plan. 

Lot  21 L  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Anna  E.  Keith,  containing  about  two  thousand 
square  feet,  being  lot  number  two  hundred  and  eleven,  as 
shown  on  said  plan. 

Lot  212.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Josephine  W.  Cook,  containing  about  two  thou- 
sand square  feet,  being  lot  number  two  hundred  and  twelve, 
as  shown  on  said  plan. 

Lot  213.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Xeo  Sullivan,  containing  about  thirty-seven  hun- 
dred and  fifty  square  feet,  being  lot  number  two  hundred 
and  thirteen,  as  shown  on  said  plan. 

Lot  214.  A  parcel  of  land  known  as  Shepard  Avenue,  a 
Private  Way,  being  lot  number  two  hundred  and  fourteen, 
as  shown  on  said  plan. 

Lot  215.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  Fuller,  containing  about  thirty-three  hun- 
dred and  fifty  square  feet,  being  lot  number  two  hundred 
and  fifteen,  as  shown  on  said  plan. 

Lot  216.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Marcella  Bumpus,  containing  about  two  thou- 
sand and  forty-six  square  feet,  being  lot  number  two  hun- 
dred and  sixteen,  as  shown  on  said  plan. 

Lot  217.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Annie  McVay,  containing  about  two  thousand 
and  thirty-two  square  feet,  being  lot  number  two  hundred 
and  seventeen,  as  shown  on  said  plan. 

Lot  218.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jane  Philbrick,  containing  about  thirty-seven 
hundred  and  seventy-two  square  feet,  being  lot  number  two 
hundred  and  eighteen,  as  shown  on  said  plan. 

Lot  219.  A  private  way,  known  as  So.  Abington  Ave., 
being  lot  number  two  hundred  and  nineteen,  as  shown  on 
said  plan. 

Lot  220.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  E.  Fuller,  containing  about  sixteen  hun- 
dred and  twenty-five  square  feet,  being  lot  number  two 
hundred  and  twenty,  as  shown  on  said  plan. 

Lot  221.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  E.  Fuller,  containing  about  fifteen  hun- 
dred and  seventy-five  square  feet,  being  lot  number  two 
hundred  and  twenty-one,  as  shown  on  said  plan. 

Lot  222.  A  pubHc  way  known  as  Abington  Ave.,  being 
lot  number  two  hundred  and  twenty-two,  as  shown  on  said 
plan. 

Lot  223.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Fred  Archambault,  containing  about  two  thou- 


Acts,  1941.  — Chap.  628.  861 

sand  square  feet,  being  lot  number  two  hundred  and  twenty- 
three,  as  shown  on  said  plan. 

Lot  224.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Fred  Archambault,  containing  about  twenty-six 
hundred  and  sixty  square  feet,  being  lot  number  two  hun- 
dred and  twenty-four,  as  shown  on  said  plan. 

Lot  225.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Everett  C.  Ford,  containing  about  twenty-nine 
hundred  square  feet,  being  lot  number  two  hundred  and 
twenty-five,  as  shown  on  said  plan. 

Lot  226.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Everett  C.  Ford,  containing  about  thirty-three 
hundred  and  seventy-five  square  feet,  being  lot  number  two 
hundred  and  twenty-six,  as  shown  on  said  plan. 

Lot  227.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Cora  E.  Sharp,  containing  about  nineteen  hun- 
dred and  sixty-five  square  feet,  being  lot  number  two  hun- 
dred and  twenty-seven,  as  shown  on  said  plan. 

Lot  228.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Charles  Adams,  containing  about  twelve  hundred 
square  feet,  being  lot  number  two  hundred  and  twenty-eight, 
as  shown  on  said  plan. 

Lot  229.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ethel  K.  Green,  containing  about  sixteen  hun- 
dred and  sixty  square  feet,  being  lot  number  two  hundred 
and  twenty-nine,  as  shown  on  said  plan. 

Lot  230.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  H.  Galligan,  containing  about  eighteen  hun- 
dred and  fifty-five  square  feet,  being  lot  number  two  hun- 
dred and  thirty,  as  shown  on  said  plan. 

Lot  231.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ralph  Packard,  containing  about  twenty-five 
hundred  square  feet,  being  lot  number  two  hundred  and 
thirty-one,  as  shown  on  said  plan. 

Lot  232.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Everett  C.  Ford,  containing  about  eighteen  hun- 
dred and  seventy-five  square  feet,  being  lot  number  two 
hundred  and  thirty-two,  as  shown  on  said  plan. 

Lot  233.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  Ernest  Hathaway,  containing  about  thirty- 
nine  hundred  square  feet,  being  lot  number  two  hundred 
and  thirty-three,  as  shown  on  said  plan. 

Lot  234.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  Ernest  Hathaway,  containing  about  fifty-one 
hundred  square  feet,  being  lot  number  two  hundred  and 
thirty-four,  as  shown  on  said  plan. 

Lot  235.  A  parcel  of  land  belonging  to,  or  supposed 
to  belong  to,  Adolphus  J.  E.  Chaplain,  containing  about 
twenty-two  hundred  and  seventy-one  square  feet,  being  lot 
number  two  hundred  and  thirty-five,  as  shown  on  said 
plan. 

Lot  236.  A  parcel  of  land  belonging  to,  or  supposed 
to  belong  to,  Henry  McClintock,  containing  about  twenty- 


862  Acts,  1941.  — Chap.  628. 

four  hundred  and  sixty-six  square  feet,  being  lot  number 
two  hundred  and  thirty-six,  as  shown  on  said  plan. 

Lot  237.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  George  D.  Lewis,  containing  about  twenty-six 
hundred  and  fifty-one  square  feet,  being  lot  number  two 
hundred  and  thirty-seven,  as  shown  on  said  plan. 

Lot  238.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Phillip  Vigon,  containing  about  twenty-eight  hun- 
dred and  fifty-five  square  feet,  being  lot  number  two  hun- 
dred and  thirty-eight,  as  shown  on  said  plan. 

Lot  239.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  three 
thousand  and  sixty  square  feet,  being  lot  number  two  hun- 
dred and  thirty-nine,  as  shown  on  said  plan. 

Lot  240.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  M.  Tobin,  containing  about  fifty-eight  hun- 
dred and  ninety-eight  square  feet,  being  lot  number  two 
hundred  and  forty,  as  shown  on  said  plan. 

Lot  24 L  A  private  way,  known  as  Westerly  Ave.,  being 
lot  number  two  hundred  and  forty-one,  as  shown  on  said  plan. 

Lot  242.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Hardy  E.  Banks,  containing  about  twenty-two 
hundred  and  forty  square  feet,  being  lot  number  two  hun- 
dred and  forty-two,  as  shown  on  said  plan. 

Lot  243.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  Ernest  Hathaway,  containing  about  three 
thousand  square  feet,  being  lot  number  two  hundred  and 
forty-three,  as  shown  on  said  plan. 

Lot  244.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  E.  A.  McKenzie,  containing  about  twenty-four 
hundred  square  feet,  being  lot  number  two  hundred  and 
forty-four,  as  shown  on  said  plan. 

Lot  245.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Joseph  M elver,  containing  about  twenty-four 
hundred  square  feet,  being  lot  number  two  hundred  and 
forty-five,  as  shown  on  said  plan. 

Lot  246.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Joseph  Mclver,  containing  about  twenty-four 
hundred  square  feet,  being  lot  number  two  hundred  and 
forty-six,  as  shown  on  said  plan. 

Lot  247.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  the  town  of  Marshficld,  containing  about  twenty- 
four  hundred  square  feet,  being  lot  number  two  hundred  and 
forty-seven,  as  shown  on  said  plan. 

Lot  248.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  the  town  of  Marshfield,  containing  about  twenty- 
four  hundred  square  feet,  being  lot  number  two  hundred  and 
fortyreight,  as  shown  on  said  plan. 

Lot  249.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Annie  Magoun,  containing  about  forty-two  hun- 
dred square  feet,  being  lot  number  two  hundred  and  forty- 
nine,  as  shown  on  said  plan. 


Acts,  1941.  — Chap.  628.  863 

Lot  250.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Minnie  Dean,  containing  about  twenty-seven 
hundred  square  feet,  being  lot  number  two  hundred  and  fifty, 
as  shown  on  said  plan. 

Lot  251.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  William  A.  Howard,  containing  about  twenty-nine 
hundred  and  sixty  square  feet,  being  lot  number  two  hun- 
dred and  fifty-one,  as  shown  on  said  plan. 

Lot  252.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Emma  Whitemarsh,  containing  about  eighteen 
hundred  and  seventy-three  square  feet,  being  lot  number 
two  hundred  and  fifty-two,  as  shown  on  said  plan. 

Lot  253.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Roland  DarUng,  containing  about  sixteen  hundred 
and  eighty-three  square  feet,  being  lot  number  two  hundred 
and  fifty-three,  as  shown  on  said  plan. 

Lot  254.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  E.  A.  Menslage,  containing  about  twenty-four 
hundred  square  feet,  being  lot  number  two  hundred  and  fifty- 
four,  as  shown  on  said  plan. 

Lot  255.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Joseph  Mclver,  containing  about  twenty-four 
hundred  square  feet,  being  lot  number  two  hundred  and  fifty- 
five,  as  shown  on  said  plan. 

Lot  256.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Leon  Millet,  containing  about  twenty-four  hun- 
dred square  feet,  being  lot  number  two  hundred  and  fifty-six, 
as  shown  on  said  plan. 

Lot  257.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twenty- 
four  hundred  square  feet,  being  lot  number  two  hundred  and 
fifty-seven,  as  shown  on  said  plan. 

Lot  258.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Jessie  R.  Ingalls,  containing  about  twenty-four 
hundred  square  feet,  being  lot  number  two  hundred  and  fifty- 
eight,  as  shown  on  said  plan. 

Lot  259.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Burton  Faxon,  containing  about  twenty-four  hun- 
dred square  feet,  being  lot  number  two  hundred  and  fifty- 
nine,  as  shown  on  said  plan. 

Lot  260.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Marquis  W.  Josselyn,  containing  about  thirty- 
nine  hundred  and  ninety  square  feet,  being  lot  number  two 
hundred  and  sixty,  as  shown  on  said  plan. 

Lot  261.  A  public  way  known  as  Beach  Avenue,  being 
lot  number  two  hundred  and  sixty-one,  as  shown  on  said  plan. 
-  Lot  262.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Annie  O'Neil,  containing  about  eighteen  hundred 
and  seventy-six  square  feet,  being  lot  number  two  hundred 
and  sixty-two,  as  shown  on  said  plan. 

Lot  263.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Annie  O'Neil,  containing  about  twenty-two  hun- 


864  Acts,  1941.  — Chap.  628. 

dred  and  ninety-five  square  feet,  being  lot  number  two  hun- 
dred and  sixty-three,  as  shown  on  said  plan. 

Lot  264.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Margaret  Regan,  containing  about  twenty-five 
hundred  and  thirty-one  square  feet,  being  lot  number  two 
hundred  and  sixty-four,  as  shown  on  said  plan. 

Lot  265.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  M.  Condrick,  containing  about  twenty-seven 
hundred  and  sixty-one  square  feet,  being  lot  number  two 
hundred  and  sixty-five,  as  shown  on  said  plan. 

Lot  266.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Rose  B.  Darling,  containing  about  twenty-nine 
hundred  and  eighty-nine  square  feet,  being  lot  number  two 
hundred  and  sixty-six,  as  shown  on  said  plan. 

Lot  267.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Rose  B.  Darling,  containing  about  thirty-two 
hundred  and  three  square  feet,  being  lot  number  two  hun- 
dred and  sixty-seven,  as  shown  on  said  plan. 

Lot  268.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Katherine  A.  Tobin,  containing  about  twenty- 
seven  hundred  and  fifty-five  square  feet,  being  lot  number 
two  hundred  and  sixty-eight,  as  shown  on  said  plan. 

Lot  269.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ora  Merrill,  containing  about  twenty-seven  hun- 
dred and  eight  square  feet,  being  lot  number  two  hundred 
and  sixty-nine,  as  shown  on  said  plan. 

Lot  270.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  Ernest  Hathaway,  containing  about  twenty- 
six  hundred  and  sixty-one  square  feet,  being  lot  number  two 
hundred  and  seventy,  as  shown  on  said  plan. 

Lot  27 L  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Lehan,  containing  about  twenty-six  hun- 
dred and  thirteen  square  feet,  being  lot  number  two  hun- 
dred and  seventy-one,  as  shown  on  said  plan. 

Lot  272.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Stephen  Gillis,  containing  about  twenty-three 
hundred  and  seventy  square  feet,  being  lot  number  two 
hundred  and  seventy-two,  as  shown  on  said  plan. 

Lot  273.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  Galligan,  containing  about  two  thousand 
and  forty  square  feet,  being  lot  number  two  hundred  and 
seventy-three,  as  shown  on  said  plan. 

Lot  274.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Sarah  M.  Mullins,  containing  about  thirty-seven 
hundred  and  thirty-five  square  feet,  being  lot  number  two 
hundred  and  seventy-four,  as  shown  on  said  plan. 

Lot  275.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Sarah  M.  Mullins,  containing  about  thirty-seven 
hundred  and  thirty-five  square  feet,  being  lot  number  two 
hundred  and  seventy-five,  as  shown  on  said  plan. 

Lot  276.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Walter  H.  Gorey,  containing  about  thirty-two 


Acts,  1941.  — Chap.  628.  865 

hundred  and  ninety-seven  square  feet,  being  lot  number 
two  hundred  and  seventy-six,  as  shown  on  said  plan. 

Lot  277.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Lehan,  containing  about  thirty-three  hun- 
dred and  fifty-eight  square  feet,  being  lot  number  two  hun- 
dred and  seventy-seven,  as  shown  on  said  plan. 

Lot  278.  A  pubUc  way,  known  as  First  road,  being  lot 
number  two  hundred  and  seventy-eight,  as  shown  on  said 
plan. 

Lot  279.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Rose  B.  Darling,  containing  about  twenty-one 
hundred  and  forty-seven  square  feet,  being  lot  number  two 
hundred  and  seventy-nine,  as  shown  on  said  plan. 

Lot  280.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Walter  Hammond,  Elizabeth  Turner,  Tr.,  con- 
taining about  twenty-three  hundred  and  nineteen  square 
feet,  being  lot  number  two  hundred  and  eighty,  as  shown  on 
said  plan. 

Lot  28L  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Mae  L.  Wheeler,  containing  about  twenty-four 
hundred  and  seventy-eight  square  feet,  being  lot  number 
two  hundred  and  eighty-one,  as  shown  on  said  plan. 

Lot  282.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Maria  Porcello,  containing  about  twenty-six  hun- 
dred and  twenty-four  square  feet,  being  lot  number  two 
hundred  and  eighty-two,  as  shown  on  said  plan. 

Lot  283.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  T.  Ryan,  containing  about  twentj^-seven 
hundred  and  fiftj^-six  square  feet,  being  lot  number  two 
hundred  and  eighty-three,  as  shown  on  said  plan. 

Lot  284.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  T.  Ryan,  containing  about  twenty-eight 
hundred  and  seventy-seven  square  feet,  being  lot  number 
two  hundred  and  eighty-four,  as  shown  on  said  plan. 

Lot  285.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Anna  Turner,  containing  about  twenty-seven 
hundred  square  feet,  being  lot  number  two  hundred  and 
eighty-five,  as  shown  on  said  plan. 

Lot  286.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  Rowland,  containing  about  thirty-six  hun- 
dred square  feet,  being  lot  number  two  hundred  and  eighty- 
six,  as  shown  on  said  plan. 

Lot  287.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  Rowland,  containing  about  thirty-one  hun- 
dred and  fifty  square  feet,  being  lot  number  two  hundred 
and  eighty-seven,  as  shown  on  said  plan. 

Lot  288.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  James  Lehan,  containing  about  forty  hundred 
and  fifty  square  feet,  being  lot  number  two  hundred  and 
eighty-eight,  as  shown  on  said  plan. 

Lot  289.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,   Sarah   McCarthy,   containing  about  forty-nine 


866  Acts,  1941.  — Chap.  628. 

hundred  and  fifty  square  feet,  being  lot  number  two  hun- 
dred and  eighty-nine,  as  shown  on  said  plan. 

Lot  290.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Lillian  H.  Lyman,  containing  about  thirty-six 
hundred  square  feet,  being  lot  number  two  hundred  and 
ninety,  as  shown  on  said  plan. 

Lot  291.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Charles  Glancy,  containing  about  thirty-six  hun- 
dred square  feet,  being  lot  number  two  hundred  and  ninety- 
one,  as  shown  on  said  plan. 

Lot  292.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Thomas  Hardy,  containing  about  thirty-six  hun- 
dred square  feet,  being  lot  number  two  hundred  and  ninety- 
two,  as  shown  on  said  plan. 

Lot  293.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Richard  Lamb,  containing  about  twenty-seven 
hundred  and  forty-five  square  feet,  being  lot  number  two 
hundred  and  ninety-three,  as  shown  on  said  plan. 

Lot  294.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Viola  Holbrook,  containing  about  forty-one  hun- 
dred and  sixt3''-six  square  feet,  being  lot  number  two  hun- 
dred and  ninety-four,  as  shown  on  said  plan. 

Lot  295.  A  private  way,  known  as  Second  Road,  being  lot 
number  two  hundred  and  ninety-five,  as  shown  on  said  plan. 

Lot  296.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Plymouth  Co-operative  Bank,  containing  about 
twenty-seven  hundred  square  feet,  being  lot  number  two 
hundred  and  ninety-six,  as  shown  on  said  plan. 

Lot  297.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  C.  Hurtado,  containing  about  thirteen  hundred 
and  fifty  square  feet,  being  lot  number  two  hundred  and 
ninetj^-seven,  as  shown  on  said  plan. 

Lot  298.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  E.  G.  Atwood,  containing  about  thirteen  hundred 
and  fifty  square  feet,  being  lot  number  two  hundred  and 
ninety-eight,  as  shown  on  said  plan. 

Lot  299.     A  parcel  of  land  belonging  to,  or  supposed  to . 
belong  to,  Joseph  F.  Slamin  et  ux.,  containing  about  thir- 
teen hundred  and  fifty  square  feet,  being  lot  number  two 
hundred  and  ninety-nine,  as  shown  on  said  plan. 

Lot  300.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ethel  G.  Atwood,  containing  about  fourteen  hun- 
dred and  forty  square  feet,  being  lot  number  three  hundred, 
as  shown  on  said  plan. 

Lot  30 L  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Thomas  Murname,  containing  about  twenty-four 
hundred  and  sixty-three  square  feet,  being  lot  number  three 
hundred  and  one,  as  shown  on  said  plan. 

Lot  302.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Thomas  Murname,  containing  about  four  hun- 
dred and  thirty-five  square  feet,  being  lot  number  three 
hundred  and  two,  as  shown  on  said  plan. 


Acts,  1941.  — Chap.  628.  867 

Lot  303.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Wallace  Cassaboom,  containing  about  twenty- 
three  hundred  and  thirty-nine  square  feet,  being  lot  number 
three  hundred  and  three,  as  shown  on  said  plan. 

Lot  304.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Henry  NcNealey,  containing  about  twenty-eight 
hundred  and  eighty-two  square  feet,  being  lot  number  three 
hundred  and  four,  as  shown  on  said  plan. 

Lot  305.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  John  Cormican,  containing  about  twenty-eight 
hundred  and  sixty-two  square  feet,  being  lot  number  three 
hundred  and  five,  as  shown  on  said  plan. 

Lot  306.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Eliza  Harding,  containing  about  forty-three  hun- 
dred and  sixty  square  feet,  being  lot  number  three  hundred 
and  six,  as  shown  on  said  plan. 

Lot  307.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ralph  B.  Packard,  containing  about  forty-one 
hundred  and  twenty-five  square  feet,  being  lot  number 
three  hundred  and  seven,  as  shown  on  said  plan. 

Lot  308.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Dennis  McCarthy,  containing  about  fifty-one 
hundred  and  seventy  square  feet,  being  lot  number  three 
hundred  and  eight,  as  shown  on  said  plan. 

Lot  309.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Elmer  Stetson,  containing  about  five  thousand 
and  forty  square  feet,  being  lot  number  three  hundred  and 
nine,  as  shown  on  said  plan. 

Lot  310.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  J.  E.  Newcomb,  containing  about  three  thousand 
square  feet,  being  lot  number  three  hundred  and  ten,  as 
shown  on  said  plan. 

Lot  311.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Frank  M.  Howe,  containing  about  four  thousand 
and  twenty-five  square  feet,  being  lot  number  three  hundred 
and  eleven,  as  shown  on  said  plan. 

Lot  312.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Emma  Whitmarsh  et  al.,  containing  about  sixty- 
four  hundred  square  feet,  being  lot  number  three  hundred 
and  twelve,  as  shown  on  said  plan. 

Lot  313.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Benjamin  F.  Churchill,  containing  about  forty- 
three  hundred  and  eighty  square  feet,  being  lot  number  three 
hundred  and  thirteen,  as  shown  on  said  plan. 

Lot  314.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Henry  S.  Keith,  containing  about  forty-eight  hun- 
dred and  twenty-five  square  feet,  being  lot  number  three 
hundred  and  fourteen,  as  shown  on  said  plan. 

Lot  315.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Roland  DarHng,  containing  about  forty-eight 
hundred  and  twenty-five  square  feet,  being  lot  number  three 
hundred  and  fifteen,  as  shown  on  said  plan. 


868  Acts,  1941.  — Chap.  628. 

Lot  316.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Roland  Darling,  containing  about  thirtj'-nine 
hundred  and  two  square  feet,  being  lot  number  three  hun- 
dred and  sixteen,  as  shown  on  said  plan. 

Lot  317.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Roland  Darling,  containing  about  four  thousand 
square  feet,  being  lot  number  three  hundred  and  seventeen, 
as  shown  on  said  plan. 

Lot  318.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Ahce  Dennison,  containing  about  eight  hundred 
square  feet,  being  lot  number  three  hundred  and  eighteen,  as 
shown  on  said  plan. 

Lot  319.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Claire  Dennison,  containing  about  twelve  hundred 
and  fortj^  square  feet,  being  lot  number  three  hundred  and 
nineteen,  as  shown  on  said  plan. 

Lot  320.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Alfonse  E.  Duquette,  containing  about  twenty-one 
hundred  square  feet,  being  lot  number  three  hundred  and 
twent}^,  as  shown  on  said  plan. 

Lot  321.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Katherine  j\L  Millet,  containing  about  four  thou- 
sand square  feet,  being  lot  number  three  hundred  and  twenty- 
one,  as  shown  on  said  plan. 

Lot  322.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Frederick  L.  Howard,,  containing  about  four  thou- 
sand square  feet,  being  lot  number  three  hundred  and  twenty- 
two,  as  shown  on  said  plan. 

Lot  323.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Florence  E.  Burnett,  containing  about  four  thou- 
sand square  feet,  being  lot  number  three  hundred  and  twenty- 
three,  as  shown  on  said  plan. 

Lot  324.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Walter  E.  Johnson,  •containing  about  fifty-nine 
hundred  and  twent}^  square  feet,  being  lot  number  three  hun- 
dred and  twenty-four,  as  shown  on  said  plan. 

Lot  325.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Burton  Faxon,  containing  about  thirt3'-two  hun- 
dred and  seventy-seven  square  feet,  being  lot  number  three 
hundred  and  twenty-five,  as  shown  on  said  plan. 

Lot  326.  A  parcel  of  land  belonging  to,  or  supposed 
to  belong  to.  Burton  Faxon,  containing  about  twenty-nine 
hundred  and  seventy-six  square  feet,  being  lot  number  three 
hundred  and  twenty-six,  as  shown  on  said  plan. 

Lot  327.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Burton  Faxon,  containing  about  twenty-eight 
hundred  and  sixteen  square  feet,  being  lot  number  three  hun- 
dred and  twenty-seven,  as  shown  on  said  plan. 

Lot  328.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Carlton  E.  Staples,  containing  about  twenty-five 
hundred  and  forty  square  feet,  being  lot  number  three  hun- 
dred and  twenty-eight,  as  shown  on  said  plan. 

Lot  329.     A  parcel  of  land  belonging  to,  or  supposed  to 


Acts,  1941.  — Chap.  628.  869 

belong  to,  Martin  E.  Reynolds,  containing  about  twenty-four 
hundred  and  eighty  square  feet,  being  lot  number  three  hun- 
dred and  twenty-nine,  as  shown  on  said  plan. 

Lot  330.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Whitman  Co-operative  Bank,  containing  about 
twenty-four  hundred  square  feet,  being  lot  number  three 
hundred  and  thirty,  as  shown  on  said  plan. 

Lot  331.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  W.  V.  Everson  estate,  containing  about  twenty- 
four  hundred  and  sixty  square  feet,  being  lot  number  three 
hundred  and  thirty-one,  as  shown  on  said  plan. 

Lot  332.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Whitman  Co-operative  Bank,  containing  about 
twenty-five  hundred  and  fifty  square  feet,  being  lot  number 
three  hundred  and  thirty-two,  as  shown  on  said  plan. 

Lot  333.  A  parcel  of  lancl  belonging  to,  or  supposed  to 
belong  to.  Whitman  Co-operative  Bank,  containing  about 
twenty-six  hundred  and  fort}^  square  feet,  being  lot  number 
three  hundred  and  thirty-three,  as  shown  on  said  plan. 

Lot  334.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to.  Electa  Lamb,  containing  about  twenty-six  hun- 
dred and  seventy  square  feet,  being  lot  number  three  hun- 
dred and  thirty-four,  as  shown  on  said  plan. 

Lot  335.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Inez  Lovell,  containing  about  twenty-seven  hun- 
dred and  two  square  feet,  being  lot  number  three  hundred 
and  thirty-five,  as  shown  on  said  plan. 

Lot  336.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Courtney  B.  Howard,  containing  about  forty 
hundred  and  fifty  square  feet,  being  lot  number  three  hun- 
dred and  thirty-six,  as  shown  on  said  plan. 

Lot  337.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Hattie  M.  Alger,  containing  about  twenty-six 
hundred  and  forty  square  feet,  being  lot  number  three 
hundred  and  thirty-seven,  as  shown  on  said  plan. 

Lot  338.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Sabatina  Asci,  containing  about  thirty-nine  hun- 
dred and  fifteen  square  feet,  being  lot  number  three  hundred 
and  thirty-eight,  as  shown  on  said  plan. 

Lot  339.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  August  H.  and  Emma  Menslage,  containing  about 
thirty-eight  hundred  and  seventy  square  feet,  being  lot  num- 
ber three  hundred  and  thirty-nine,  as  shown  on  said  plan. 

Lot  340.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  Florence  L.  and  Charles  S.  Nichols,  containing 
about  twelve  hundred  and  seventy-five  square  feet,  being 
lot  number  three  hundred  and  forty,  as  shown  on  said  plan. 

Lot  34 L  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  town  of  Marshfield,  containing  about  twenty- 
five  hundred  and  fifty  square  feet,  being  lot  number  three 
hundred  and  forty-one,  as  shown  on  said  plan. 

Lot  342.  A  parcel  of  land  belonging  to,  or  supposed  to 
belong  to,  town  of  Marshfield,  containing  about  twenty-four 


870  Acts,  1941.  — Chap.  628. 

hundred  and  seventy-five  square  feet,  being  lot  number 
three  hundred  and  forty-two,  as  shown  on  said  plan. 

Lot  343.  So  much  of  a  pubUc  way  known  as  Foster 
avenue  as  lies  between  South  Abington  avenue  and  Beach 
avenue,  being  lot  number  three  hundred  and  forty-three, 
as  shown  on  said  plan. 

Lot  344.  So  much  of  a  public  way  known  as  Foster 
avenue  as  lies  between  Beach  avenue  and  Third  road,  being 
lot  number  three  hundred  and  forty-four,  as  shown  on  said 
plan. 

In  taking  lots  numbers  one  hundred  and  ninety-nine,  two 
hundred,  two  hundred  and  two,  two  hundred  and  three,  two 
hundred  and  five,  two  hundred  and  six,  two  hundred  and 
nine,  two  hundred  and  thirteen,  two  hundred  and  fourteen, 
two  hundred  and  eighteen,  three  hundred  and  six  to  three 
hundred  and  seventeen,  inclusive,  three  hundred  and  nine- 
teen to  three  hundred  and  twenty-four,  inclusive,  three 
hundred  and  sixty-one  and  three  hundred  and  twenty-five 
to  three  hundred  and  forty-two,  inclusive,  any  and  all 
lands  belonging  or  supposed  to  belong  to  the  owners  of  said 
lots  or  their  predecessors  in  title  to  said  lots,  lying  between 
any  of  said  lots  and  Massachusetts  Bay,  to  the  limit  of 
private  ownership,  and  all  littoral  rights,  including  the  right 
of  access  to  the  waters  of  said  bay,  appurtenant  to  such  lots 
or  to  such  lands,  may  also  be  taken,  such  lots  and  lands 
together  being  no  more  in  extent  than  is  sufficient  for  suit- 
able building  lots  on  the  shore  side  of  Foster  avenue,  as 
proposed  to  be  laid  out,  widened  and  relocated. 

After  so  much  of  the  above  described  land  and  property 
as  is  needed  for  the  construction,  widening  and  improve- 
ment of  said  streets  and  ways  and  their  junctions  with  each 
other  and  connecting  ways  has  been  appropriated  therefor, 
the  selectmen  of  the  town  of  Marshfield,  in  the  name  and 
on  behalf  of  the  town,  may  convey  the  remainder  thereof 
for  value,  with  or  without  suitable  restrictions. 

When  land  acquired  under  authority  of  this  section  is 
subdivided  into  lots  for  purposes  of  sale,  said  lots  shall  be 
as  superimposed  in  red  on  the  plan  hereinbefore  referred 
to;  except  that  there  may  be  sold  as  part  of  each  lot  on  the 
shore  side  of  Foster  avenue  so  much  of  the  land  Ijang  between 
such  lot  and  Massachusetts  Bay  as  may  lawfully  be  included, 
with  the  littoral  rights  appurtenant  thereto.  The  person 
from  whom  was  acquired  not  less  than  sixty  per  cent  of 
such  a  lot,  if  the  land  therein  so  acquired  was  the  whole  or 
part  of  a  parcel  belonging  to  him  upon  which  a  building 
was  situated  on  January  first,  nineteen  hundred  and  forty, 
shall  have  the  right  to  purchase  said  lot  within  three  months 
from  the  date  on  which  said  town  acquired  title  thereto,  for 
the  price  paid  therefor  by  said  town,  and  upon  receipt  of 
said  amount  the  selectmen  shall  convey  said  lot  to  said 
former  owner. 

Section  3.  For  the  purposes  of  this  act,  the  town  of 
Marshfield  may  borrow  from  time  to  time,  within  a  period  of 


Acts,  1941.  — Chap.  629.  871 

three  years  from  the  passage  of  this  act,  such  sums  as  may  be 
necessary,  not  exceeding,  in  the  aggregate,  one  hundred  and 
sixty  thousand  dollars,  and  may  issue  bonds  or  notes  there- 
for, which  shall  bear  on  their  face  the  words  Marshfield  High- 
way and  Street  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.  Not  more  than 
eighty  thousand  dollars  of  the  indebtedness  incurred  under 
this  act  shall  be  in  excess  of  the  limit  of  that  indebtedness 
imposed  by  section  ten  of  chapter  forty-four  of  the  General 
Laws,  as  most  recently  amended  by  section  one  of  chapter 
twenty-four  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
and  not  more  than  eighty  thousand  dollars  thereof  shall  be 
within  said  limit.  No  such  indebtedness  shall  be  incurred 
in  excess  of  said  limit  until  the  entire  amount  hereby  au- 
thorized within  said  limit  has  first  been  incurred.  All  other 
provisions  of  said  chapter  forty-four,  as  heretofore  amended, 
including  section  sixty-three  thereof,  shall  apply  to  said  loan 
and  to  the  payment  thereof  and  to  the  proceeds  of  any  sales 
of  real  estate  made  under  this  act. 

Section  4.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  the  qualified  voters  of  the  town 
of  Marshfield  voting  thereon  in  town  meeting. 

Approved  August  4,  1941- 


An  Act  relative  to  the  supervision  of  certain  infants  (7/iax).629 
IN  boarding  houses. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  nineteen  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  one,  Ft^amended 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  —  Section  1 .     Whoever  Boarding  house 
for  hire,  gain  or  reward  has  in  his  custody  or  control  at  one  d°fi*^^°** 
time  two  or  more  infants,  not  related  to  him  by  blood  or 
marriage,  who  are  under  fourteen  years  of  age  and  unattended 
by  a  parent  or  guardian,  for  the  purpose  of  providing  them 
with  care,  food  and  lodging,  except  such  of  said  infants  as 
are  two  years  of  age  or  over  but  under  fourteen  years  of  age 
and  have  been  placed  in  his  custody  or  control  by  the  depart- 
ment of  public  welfare  of  the  commonwealth,  in  this  chapter 
called  the  department,  by  any  board  of  public  welfare,  by 
the  institutions  department  of  Boston  or  by  any  charitable 
corporation  organized  under  the  laws  of  the  commonwealth, 
shall  be  deemed  to  maintain  a  boarding  house  for  infants. 
This  section  shall  not  apply  to  a  private  school  furnishing  Limitation 
board  and  lodging  to  pupils  and  approved  as  provided  in  "' section, 
section  one  of  chapter  seventy-six,  or  to  camps  conducted 
for  children  during  the  summer  months. 

Section  2.     Said  chapter  one  hundred  and  nineteen  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  two,  as  so  f l.^imended. 
appearing,  and  inserting  in  place  thereof  the  following  sec- 


872 


Acts,  1941.  — Chap.  629. 


Licensing 
of  boarding 
houses  for 
infants. 

Inspection 
and  super- 
\'i8ion,  etc. 


G.  L.  (Ter. 

Ed.),  119. 

§  6,  amended. 


Notice  to 
department  of 
receiving  infant 
for  care. 


G.  L.  (Ter. 

Ed).  119, 

§  9,  amended. 


Placing  of 
infant  under 
care  of  another 
for  pay  deemed 
abandon- 
ment. 


Penalty. 


tion:  —  Section  2.  The  department  may  grant  licenses  to 
maintain  boarding  houses  for  infants.  Every  apphcation 
therefor  shall  first  be  approved  by  the  board  of  health  of  the 
town  where  such  boarding  house  is  to  be  maintained.  The 
term  of  each  such  license  shall  be  one  year  and  the  fee  there- 
for shall  be  five  dollars,  except  that  no  fee  shall  be  required 
of  any  such  boarding  house  all  the  infants  in  which  have  been 
placed  therein  by  the  department,  by  any  board  of  public 
welfare,  by  the  institutions  department  of  Boston  or  bj'' 
any  charitable  corporation  organized  under  the  laws  of  the 
commonwealth,  or  by  mry  combination  of  such  departments, 
boards  or  corporations.  Each  such  license  shall  state  the 
name  of  the  licensee,  the  particular  premises  where  the 
business  may  be  carried  on,  the  maximum  number  of  infants 
which  may  be  boarded  there  at  one  time,  and,  if  required  by 
the  department,  it  shall  be  posted  in  a  conspicuous  place  on 
the  licensed  premises.  No  greater  number  of  infants  than 
is  authorized  by  the  license  shall  be  boarded  at  one  time  on 
the  premises,  and  no  infant  shall  be  kept  in  a  building  or 
place  not  designated  in  the  license.  A  record  of  licenses 
issued  shall  be  kept  by  the  department,  which  shall  forth- 
with give  notice  of  the  granting  of  each  such  license  and  of  its 
terms  to  the  board  of  health  of  the  town  where  the  licensee 
resides.  The  department  and  boards  of  health  shall  annually, 
and  may,  at  any  time,  visit  and  inspect  premises  so  licensed 
or  designate  a  person  therefor. 

Section  3.  Said  chapter  one  hundred  and  nineteen  is 
hereby  further  amended  by  striking  out  section  six,  as  so 
appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion ;  —  Section  6.  Whoever  receives  under  his  care  or  con- 
trol, and  whoever  places  under  the  care  or  control  of  another 
for  compensation,  an  infant  under  fourteen  years  of  age, 
not  related  by  blood  or  marriage  to  the  person  receiving  it, 
shall,  within  two  days  thereafter,  give  notice  thereof,  and  of 
the  terms  upon  which  such  infant  was  received,  to  the  de- 
partment, with  the  name,  age  and  residence  of  the  infant, 
its  parents,  and  the  persons  from  whom  and  by  whom  re- 
ceived; but  if  such  an  infant  under  two  years  of  age  was 
received  from  the  board  of  public  welfare  of  any  town,  or 
from  the  institutions  department  of  Boston,  or  from  any 
charitable  corporation  organized  under  the  laws  of  the 
commonwealth,  such  notice  may  state  only  the  name  and 
age  of  such  infant  and  the  name  and  location  of  the  board, 
department  or  corporation  from  which  received. 

Section  4.  Section  nine  of  said  chapter  one  hundred  and 
nineteen,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  the  first  line,  the  word  "two"  and  inserting  in  place 
thereof  the  word :  —  fourteen,  —  so  as  to  read  as  follows :  — 
Section  9.  Whoever  gives  to  any  person  an  infant  under 
fourteen  years  of  age  for  the  purpose  of  placing  it  for  hire, 
gain  or  reward  under  the  permanent  control  of  another  per- 
son shall  be  guilty  of  the  abandonment  of  such  infant,  and 
shall,  if  a  man,  be  punished  by  imprisonment  in  the  house 


Acts,  1941.  — Chap.  629.  873 

of  correction,  and  if  a  woman,  in  the  reformator}^  for  women, 
for  not  more  than  two  years. 

Section  5.    Section  ten  of  said  chapter  one  hundred  and  G- l.  (Xer. 
nineteen,  as  so  appearing,  is  hereby  amended  by  striking  §  ib,' amended, 
out,  in  the  second  Hne,  the  word  "two"  and  inserting  in 
place  thereof  the  word :  —  fourteen,  —  so  as  to  read  as  fol- 
lows:—  Section  10.     Whoever  for  hire,  gain  or  reward  re-  Same  subject. 
ceives  an  infant  under  fourteen  years  of  age  for  the  purpose  Aiding  or 
of  placing  it  under  the  control  of  any  other  person  shall  be  ^''^"'"s- 
guilty  of  aiding  and  abetting  the  abandonment  of  such  in-  p^"*'*^^- 
fant  and  shall  be  punished  by  a  fine  of  not  more  than  two 
hundred  dollars  or  by  imprisonment  for  not  more  than  two 
years. 

Section  6.     Said  chapter  one  hundred  and  nineteen  is  G-  l-  (Ter. 
hereby  further  amended  by  striking  out  section  fourteen,  as  §  h.  amended. 
so  appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  14-     Whoever  receives  and  whoever  places  Adoption,  etc., 
an  infant  under  fourteen  years  of  age  for  adoption  or  for  °nfan'tl*regu- 
giving  it  a  home,  or  for   procuring   a   home   or   adoption  lated. 
for  it,  except  infants  over  two  years  of  age  received  from  Powers  of 
the  board  of  public  welfare  of  any  town,  or  from  the  institu-    ^^^^  '"'^"  ' 
tions  department  of  Boston,  or  from  any  charitable  corpora- 
tion organized  under  the  laws  of  the  commonwealth  shall 
give  written  notice  to  the  department  of  the  receiving  or 
placing  of  such  infant,  with  its  name,  age  and  birthplace, 
and  the  name  and  residence  of  its  parents,  and  upon  request 
of  the  department  shall  give  information  and  render  reports 
required  by  it  concerning  such  infant,  and  within  two  days 
after  its  discharge  shall  give  written  notice  to  the  depart- 
ment of  the  discharge  and  disposal  of  such  infant.     The 
department  may  investigate  the  case,  and  at  any  time  prior 
to  a  decree  of  adoption  take  any  such  infant  into  its  custody 
if  in  its  judgment  public  interest  and  the  protection  of  the 
infant  so  require. 

Section  7.     Section  twenty-eight   of  said   chapter  one  g.  l.  (Ter. 
hundred  and  nineteen,  as  so  appearing,  is  hereby  amended  §  28.' amended, 
by  striking  out,  in  the  third  line,  the  word  "seven"  and 
inserting  in  place  thereof  the  word :  —  fourteen,  —  so  as  to 
read  as  follows:  ■ —  Section  28.    An  agent  of  the  department  Powers  and 
specially  authorized  thereto  may  enter  without  actual  force  agents  of 
any  building  or  room  when  such  agent  has  reason  to  believe  tomfanirunder 
that  a  child  under  fourteen  is  sheltered  or  maintained  apart  fourteen. 
from  his  parents  and  is  not  receiving  proper  care.     The 
agent  shall  investigate  the  case  and  may,  if  he  considers 
such  removal  necessary  for  the  protection  of  the  child  from 
neglect  or  abuse,  cause  such  child,  if  he  is  not  under  the 
personal  care  of  a  parent  or  guardian,  to  be  removed  to  the 
custod}^  of  the  department.     An  agent  who  is  refused  such 
entry  or  who  is  hindered  in  the  removal  of  such  child  may 
make  complaint,  on  oath,  to  a  justice  of  a  court,  who  may 
thereupon  issue  a  warrant  authorizing  him  to  obtain  suf- 
ficient aid  and  at  any  reasonable  time  to  enter  the  building 
designated,  and  every  part  thereof,  to  investigate  the  treat- 


874 


Acts,  1941.  — Chap.  630. 


O.  L.  (Ter. 

Ed.).  119. 

i  20,  amended. 


Powers  and 
duties  of 
department 
as  to  such 
infants. 


ment  and  condition  of  the  children  found  there,  and  to  re- 
move such  children  as  herein  provided. 

Section  8.  Section  twenty-nine  of  said  chapter  one  hun- 
dred and  nineteen,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  fifteenth  line,  the  word  "seven"  and 
inserting  in  place  thereof  the  word :  —  fourteen,  —  and  by 
striking  out,  in  the  eleventh  and  twelfth  lines,  the  words 
"the  preceding  section"  and  inserting  in  place  thereof  the 
words :  —  section  twenty-eight,  —  so  as  to  read  as  follows : 
—  Section  29.  The  agent  shall  forthwith  notify  the  depart- 
ment of  his  doings,  and  it  shall  thereupon  decide  whether 
to  retain  such  child  in  its  custody  or  to  restore  him  to  his 
parent  or  guardian  or  to  the  place  from  which  he  was  re- 
moved. As  to  a  child  so  retained,  it  shall  have  the  powers 
and  duties  which  it  has  as  to  neglected  children  committed 
to  its  custody  by  the  courts.  But  the  department,  unless 
within  a  reasonable  time  it  secures  the  commitment  of  such 
child,  under  the  provisions  of  sections  forty-two  to  forty- 
seven,  inclusive,  shall,  upon  request,  discharge  such  child 
to  his  legal  guardian,  or  if  he  has  no  guardian  to  his  father, 
or  if  he  has  no  father  to  his  mother.  The  department  may 
notify  the  person  from  whose  care  or  custody  a  child  has 
been  taken  under  section  twenty-eight  that  no  child  of 
which  he  is  not  the  legal  guardian  shall,  without  a  permit 
from  the  department,  be  received  or  maintained  by  him. 
The  department  shall  apply  to  the  probate  court  for  the 
removal  of  the  guardian  of  any  child  under  fourteen  years 
of  age  who  is  unsuitable  for  his  trust. 

Approved  August  4,  lO^l. 


Chap 


G.  L.  (Ter. 
Ed.).  66. 
new  i  17A, 
inserted. 

Inspection  of 
certain  records 
restricted. 


.630  An  Act  to  make  records  relating  to  old  age  assist- 
ance, AID  TO  dependent  CHILDREN  AND  AID  TO  THE 
BLIND  CONFIDENTIAL,  TO  PROHIBIT  THE  MISUSE  OF  SUCH 
RECORDS,  TO  CREATE  A  PENALTY  FOR  SUCH  MISUSE  AND 
TO  PROVIDE  THAT  THE  LAWS  CONCERNING  THE  CONFIDEN- 
TIAL NATURE  OF  SUCH  RECORDS  MAY  BE  EXTENDED  TO 
APPLY  TO  RECORDS  RELATING  TO  GENERAL  PUBLIC  ASSIST- 
ANCE. 

Be  it  enacted^  etc.,  as  follows: 

Section  1,  Chapter  sixty-six  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  seventeen,  as 
appearing  in  the  Tercentenary  Edition,  the  following  new 
section :  —  Section  1 7 A .  The  records  of  the  department  of 
public  welfare  and  of  the  several  city  and  town  welfare  de- 
partments and  bureaus  of  old  age  assistance  relative  to  old 
age  assistance  and  to  aid  to  dependent  children,  and  the 
records  of  the  department  of  education  relative  to  aid  to 
the  blind,  shall  be  pubhc  records;  provided,  that  they  shall 
be  open  to  inspection  only  by  public  officials  of  the  conunon- 
wealth,  which  term  for  the  purposes  of  this  section  shall  in- 
clude members  of  the  general  court,  for  purposes  directly 


Acts,  1941.  — Chap.  630.  875 

connected  with  the  administration  of   such  pubUc  assist- 
ance. 

Section  2.     Chapter  sixty-nine  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  twenty-six,  as  ne'lv'§^l6A. 
amended,  the  following  new  section: — Section  26 A.     The  "^^erted. 
department  shall  have  power  to  establish  and  to  enforce  ^^u'ln'^^biind 
reasonable  rules  and  regulations  governing  the  custody,  use  persons, 
and  preservation  of  the  records,  papers,  files  and  communica-  Use  ot,  etc 
tions  of  the  department  concerning  blind  persons.    No  other 
department,  bureau  or  agency  of  the  commonwealth  or  of 
any  political  subdivision  thereof,  which,  under  any  provision 
of  law,  is  furnished  with  the  names  of  recipients  of  aid  to 
the  blind,  shall  permit  the  publication  of  lists  of  such  names 
or  make  use  thereof  for  purposes  not  directly  connected  with 
the  administration  of  aid  to  the  blind. 

Section  3.    Chapter  one  hundred  and  twenty-one  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  ne'lv  V-ia. 
four,  as  appearing  in  the  Tercentenary  Edition,  the  follow-  inserted, 
ing  new  section :  —  Section  J^A .    The  department  shall  have  oid  age 
power  to  establish  and  enforce  reasonable  rules  and  regula-  f^cmlT^ 
tions  governing  the  custody,  use  and  preservation  of  the  use  of.  etc. 
records,  papers,  files  and  communications  of  the  department 
and  of  city  and  town  welfare  departments  and  bureaus  of 
old  age  assistance,  relating  to  old  age  assistance  and  aid  to 
dependent  children.    No  other  department,  bureau  or  agency 
of  the  commonwealth  or  of  any  political  subdivision  thereof, 
which,  under  any  provision  of  law,  is  furnished  with  the 
names  of  recipients  of  old  age  assistance  or  aid  to  dependent 
children,  shall  permit  the  pubhcation  of  lists  of  such  names 
or  make  use  thereof  for  purposes  not  directly  connected  with 
the  administration  of  such  assistance  or  aid. 

Section  4.    Chapter  two  hundred  and  seventy-one  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  adding  at  the  end  the  ng'lv'j^/g; 
following  new  section:  —  Section  43.    Any  person  who,  ex-  added. 
cept  for  purposes  directly  connected  with  the  administra-  n'egai  use 
tion  of  general  public  assistance,  old  age  assistance,  aid  to  recoi'ds.'" 
the  blind,  or  aid  to  dependent  children,  and  in  accordance  Penalty. 
with  the  rules  and  regulations  of  the  department  of  public 
welfare  made  under  authority  of  section  four  A  of  chap- 
ter one  hundred  and  twenty-one,  or  of  the  department  of 
education  made  under  authority  of  section  twenty- six  A  of 
chapter  sixty-nine,  as  the  case  may  be,  shall  solicit,  disclose, 
receive,  make  use  of,  or  authorize,  knowingly  permit,  par- 
ticipate in,  or  acquiesce  in  the  use  of,  any  list  of,  or  names 
of,  or  any  information  concerning,  persons  applying  for  or 
receiving  old  age  assistance,  aid  to  dependent  children  or 
aid  to  the  blind,  directly  or  indirectly  derived  from  the  rec- 
ords, papers,  files  or  communications  of  the  department  of 
public   welfare,   any  city   or   town   welfare  department   or 
bureau  of  old  age  assistance,  or  the  department  of  education, 
as  the  case  may  be,  or  acquired  in  the  course  of  the  perform- 
ance of  official  duties,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars.  Approved  August  21,  1941 . 


876  Acts,  1941.— Chap.  631. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  August  21,  1941. 

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

Sir:  —  I,  Leverett  Saltonstall,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  peace,  health,  safety,  and  convenience 
requires  that  the  law  passed  on  the  twenty-first  day  of 
.  August  in  the  yesir  nineteen  hundred  and  forty-one,  entitled, 
"An  Act  to  make  records  relating  to  old  age  assistance,  aid 
to  dependent  children  and  aid  to  the  blind  confidential,  to 
prohibit  the  misuse  of  such  records,  to  create  a  penalty  for 
such  misuse  and  to  provide  that  the  laws  concerning  the 
confidential  nature  of  such  records  may  be  extended  to  apply 
to  records  relating  to  general  public  assistance"  should 
take  effect  forthwith,  that  it  is  an  emergency  law  and  that 
the  facts  constituting  the  emergency  are  as  follows: 

For  the  reason  that  otherwise  this  law  would  not  take 
effect  until  ninety  days  from  its  passage  and  would,  there- 
fore, cause  undue  hardship  as  there  are  substantial  contri- 
butions by  the  Federal  Government  that  are  being  with- 
held until  this  Act  becomes  law  in  Massachusetts. 
Very  respectfully  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 

Office  op  the  Secretary,  Boston,  August  21,  1941. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of 
the  Commonwealth  of  Massachusetts  at  three  o'clock  and 
twenty  minutes,  p.m.,  on  the  above  date,  and  in  accord- 
ance with  Article  Forty- eight  of  the  Amendments  to  the 
Constitution  said  chapter  takes  effect  forthwith,  being 
chapter  six  hundred  and  thirty  of  the  acts  of  nineteen 
hundred  and  forty-one. 

Paul  D.  Howard, 
Deputy  Secretary  oj  the  Commonwealth. 

Chav.QSl  An  Act  further  extending  the  term  of  office  of  the 

MILK    CONTROL   BOARD. 

Emergency  Whereas,    Under  existing  provisions  of  law  the  existence 

preamble.  ^^  ^^iq  milk  coutrol  board  will  terminate  on  August  thirty- 
first,  nineteen  hundred  and  forty-one,  but  it  is  necessary 
that  the  provisions  of  this  act  take  effect  on  or  before  said 
August  thirty-first,  so  that  the  existence  of  said  board  may 
be  continued  for  a  further  period  of  three  months  without 
interruption;  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 


Acts,  1941.  — Chap.  632.  877 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-two  of  chapter  three  hun- 
dred and  seventy-six  of  the  acts  of  nineteen  hundred  and 
thirty-four,  as  most  recently  amended  by  section  one  of 
chapter  four  hundred  and  eighteen  of  the  acts  of  nineteen 
hundred  and  forty-one,  is  hereby  further  amended  by  strik- 
ing out,  in  the  third  hne,  the  words  "August  thirty-first" 
and  inserting  in  place  thereof  the  words :  —  November 
thirtieth,  —  so  as  to  read  as  follows:  —  Section  22.  The 
board  shall  continue  with  all  the  duties  and  responsibilities 
prescribed  and  imposed  by  this  act  until  November  thir- 
tieth, nineteen  hundred  and  forty-one.  On  and  after  the 
date  when  this  act  ceases  to  be  operative  any  and  all  obli- 
gations which  shall  have  arisen  prior  to  such  date  or  which 
may  arise  thereafter  in  connection  therewith,  and  any  vio- 
lations which  shall  have  occurred  prior  to  such  date,  shall 
be  deemed  not  to  be  affected,  terminated  or  waived  by 
reason  of  the  fact  that  this  act  has  ceased  to  be  operative. 

Section  2.  The  milk  control  board  may  continue  ex- 
penditures in  each  of  the  months  of  September,  October  and 
November  in  the  current  year  at  the  monthly  rate  author- 
ized by  appropriations  madS  for  the  current  fiscal  year  by 
items  0906-01  and  0906-02  of  the  general  appropriation  act 
of  the  current  year,  until  the  general  court  makes  an  appro- 
priation for  expenditures  by  said  board  during  said  months 
of  September,  October  and  November. 

Approved  August  29,  1941. 

An  Act  authorizing  the  united  states  of  America  to  Chav.QS2 

BUILD  A  bridge  WITHOUT  A  DRAW  IN  AND  OVER  THE  TIDE 
WATERS  OF  HINGHAM  BAY  FROM  HOG  ISLAND  TO  THE  MAIN- 
LAND   IN    THE   TOWN   OF   HULL. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^'^^^^i^"'' 
to  defeat  its  purpose  which  is  to  grant  the  consent  of  the 
commonwealth  to  the  construction  of  a  bridge  without  a 
draw,  as  a  part  of  a  project  for  national  defense,  therefore, 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  United  States  of  America  is  hereby 
authorized  to  construct  and  maintain  a  bridge  without  a 
draw  in  and  over  the  tide  waters  of  Hingham  bay  from  Hog 
island  to  the  mainland  in  the  town  of  Hull,  subject  to  chap- 
ter ninety-one  of  the  General  Laws,  upon  the  condition  that 
the  federal  government  provides  an  adequate  channel  from 
the  pier  at  Windemere  to  the  waters  of  Hingham  bay  easterly 
of  said  island  in  the  town  of  Hull. 

Section  2.  Jurisdiction  over  said  bridge  is  hereby  granted 
and  ceded  to  the  United  States  of  America,  but  upon  the 
express  condition  that  the  commonwealth  shall  retain  con- 
current jurisdiction  with  the  United  States  of  America  in 


878 


Acts,  1941.  — Chap.  633. 


and  over  the  bridge  so  acquired,  in  so  far  that  all  civil 
processes,  and  such  criminal  processes  as  may  issue  under 
the  authority  of  the  commonwealth  against  any  person  or 
persons  charged  with  crimes  committed  elsewhere  than  on 
said  bridge  and  all  processes  for  the  collection  of  taxes 
levied  under  authority  of  the  laws  of  the  commonwealth, 
including  the  service  of  warrants,  may  be  executed  thereon 
in  the  same  manner  as  though  this  consent  and  cession  had 
not  been  granted;  and  exclusive  jurisdiction  over  any  such 
bridge  or  any  part  thereof  shall  revest  in  the  commonwealth 
whenever  it  shall  cease  to  be  used  by  the  United  States  for 
the  purposes  specified  in  section  one. 

Approved  October  8,  1941. 


Chap.QSS  An  Act  further  establishing  the  basis  of  apportion- 
ment  OF   STATE   AND   COUNTY   TAXES. 

^reambh!°^  TF/ierms,  It  is  essential  in  some  instances  respecting  the 

determination  of  the  municipal  tax  rates  and  in  other  in- 
stances in  respect  to  highway  and  other  work  that  any  new 
basis  of  apportionment  of  the  state  and  county  taxes  be 
fixed  promptly  and  the  deferred  operation  of  this  act  would 
cause  great  inconvenience  in  respect  to  tax  rates  and  high- 
way construction,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-one  of  the 
acts  of  the  current  year  is  hereby  amended  by  striking  out 
all  after  the  words  "to  wit:"  in  the  tenth  line  and  inserting 
in  place  thereof  the  following:  — 


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 

$27,731,746 

$3  90 

Bourne 

1,186 

9,968,613 

1  42 

Brewster  . 

260 

2,400,307 

34 

Chatham 

768 

7,356,587 

1  03 

Dennis 

710 

4,899,999 

71 

Eastham  . 

215 

1,500,159 

22 

Falmouth 

2,288 

23,511,710 

3  29 

Harwich    . 

898 

7,525,867 

1  07 

Mashpee  . 

152 

930,845 

14 

Orleans     .... 

537 

4,300,523 

61 

Acts,  1941. —Chap.  633. 


879 


BARNSTABLE   COUNTY  —  Concluded. 


Cities  and  Towns. 

Polls. 

Property. 

Tax  of  $1,000, 

including 

Polls  at  one 

tenth  of  a 

mill  each. 

Provincetown    . 

Sandwich 

Truro        .... 

Wellfleet  .... 

Yarmouth 

1,345 
521 
206 
286 
793 

$5,050,139 
2,850,762 
1,859,961 
2,302,284 
6,609,296 

$0   79 
42 
26 
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 

1,448,597 

23 

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 

131,300 

02 

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 

65,164,723 

10  15 

Richmond 

199 

811,001 

13 

Sandisfield 

186 

736,199 

11 

Savoy- 

116 

200,000 

04 

Sheffield    . 

635 

1,606,435 

27 

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 

1 

$156,255,881 

$24  50 

880 


Acts,  1941.— Chap.  633. 


BRISTOL   COUNTY. 


Tax  of  $1,000. 

including 

Cities  and  Towns. 

Polls. 

Property. 

Polls  at  one 
tenth  of  a 
mill  each. 

Acushnet 

1,336 

$3,494,520 

$0  59 

Attleboro 

7,483 

27,289,726 

4  30 

Berkley     . 

370 

1,009,117 

17 

Dartmouth 

3,070 

11,982,928 

1  87 

Dighton    . 

907 

3,565,579 

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 

118,592,417 

19  04 

North  Attleborough 

3,631 

10,973,303 

1  79 

Norton 

1,065 

2,193,533 

39 

Raynham 

733 

1,777,933 

30 

Rehoboth 

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 

$387,8*74,586 

$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 

6,084,971 

85 

West  Tisbury 

84 

820,041 

12 

Totals 

1,829 

$19,136,182 

$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 

1,201,457 

19 

Dan  vers    . 

3,687 

14,187,012 

2  21 

Essex 

557 

1,420,746 

24 

Georgetown 

751 

1,800,827 

31 

Gloucester 

8,212 

39,739,139 

5  99 

Groveland 

729 

1,402,082 

26 

Hamilton 

691 

5,808,344 

82 

Haverhill 

15,821 

51,074,572 

8  23 

Acts,  1941.  — Chap.  633. 


881 


ESSEX   COUNTY  —  Concluded. 


Tax  of  $1,000, 

including 

Cities  and  Towns. 

Polls. 

Property. 

Polls  at  one 
tenth  of  a 
mill  each. 

Ipswich     .... 

2,074 

$7,049,345 

$1    12 

Lawrence 

28,338 

99,521,119 

15  78 

Lynn 

30,455 

142,390,933 

21  55 

Lynnfield 

855 

4,745,760 

70 

Manchester 

875 

11,537,071 

1  59 

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 

2,413,309 

37 

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 

4,389,258 

67 

Erving 

452 

2,370,149 

35 

Gill 

358 

1,004,894 

17 

Greenfield 

5,305 

32,021,746 

4  70 

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 

882 


Acts,  1941.  — Chap.  633. 


FRANKLIN   COUNTY  —  Concluded. 


Cities  and  Towns. 

Polls. 

Property. 

Tax  of  $1,000, 

including 

Polls  at  one 

tenth  of  a 

mill  each. 

Warwick  .... 
Wendell    .... 
Whately   .... 

148 
133 
372 

$350,077 

310,623 

1,353,192 

$0  06 
05 
21 

Totals 

16,835 

$77,552,319 

$11  76 

HAMPDEN   COUNTY. 


Agawam   .... 

2,529 

$9,464,736 

$1  48 

Blandford 

193 

900,000 

14 

Brimfield 

367 

1,008,698 

17 

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 

200,000 

04 

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 

2,232,267 

34 

Springfield 

48,451 

274,596,171 

40  57 

ToUand     . 

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  62 

Belchertown 

835 

1,520,715 

28 

Chesterfield 

153 

604,065 

09 

Cummington 

198 

527,341 

09 

Easthampton 

3,424 

11,156,071 

1  79 

Goshen 

93 

402,077 

06 

Granby     . 

380 

955,449 

16 

Hadley     . 

888 

3,006,417 

48 

Hatfield    . 

802 

2,808,683 

45 

Huntington 

483 

1,121,810 

19 

Middlefield 

89 

328,960 

05 

Northampton 

7,095 

28,793,088 

4  47 

Acts,  1941.  — Chap.  633. 


883 


HAMPSHIRE 

;   COUNTY - 

—  Concluded. 

Tax  of  $1,000, 

including 

Cities  and  Towns. 

Polls. 

Property. 

Polls  at  one 
tenth  of  a 
mill  each. 

Pelham     .... 

163 

! 
$751,307 

$0  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 

401,412 

06 

Williamsburg     . 

582 

1,334,140 

23 

Worthington 

191 

801,794 

12 

Totals 

22,783 

$81,853,514 

$12  91 

MIDDLESEX   COUNTY. 

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 

390,000 

06 

BurUngton 

806 

2,523,951 

41 

Cambridge 

34,793 

186,192,274 

27  73 

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 

460,000 

07 

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 

2,918,529 

48 

Reading    . 

3,654 

18,354,846 

2  75 

Sherborn  . 

374 

3,020,359 

43 

Shirley      .... 

754 

2,413,605 

39 

1 

1 

884 


Acts,  1941.  — Chap.  633. 


MIDDLESEX   COUNTY  —  Concluded. 


Tax  of  $1,000, 

including 

Cities  and  Towns. 

Polls. 

Property. 

Polls  at  one 
tenth  of  a 
mill  each. 

Somerville 

32,088 

$108,968,401 

$17  38 

Stoneham 

3,541 

16,141,913 

2  45 

Stow 

454 

1,501,999 

24 

Sudbury    . 

625 

3,944,046 

57 

Tewksbury 

1,119 

4,849,999 

74 

Townsend 

709 

2,445,340 

39 

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 

303,738 

$1,424,388,597 

$215  64 

NANTUCKET   COUNTY. 


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 

2,561,434 

44 

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 

Plain  ville 

559 

1,635,463 

27 

Quincy 

24,561 

134,338,237 

19  93 

Randolph 

2,405 

7,410,426 

1  20 

Sharon 

1,258 

6,461,237 

97 

Acts,  1941.  — Chap.  633. 


885 


NORFOLK   COUNTY  —  Concluded. 


Cities  and  Towns. 

Polls. 

Property. 

Tax  of  $1,000, 

including 

Polls  at  one 

tenth  of  a 

mill  each. 

Stoughton 

Walpole    .... 

Wellesley 

Westwood 

Weymouth 

Wrentham 

2,942 
2,596 

4,482 

1,177 

7,768 

896 

$9,531,021 
17,633,929 
46,080,595 

7,538,322 
53,053,332 

3,950,331 

$1  53 
2  55 

6  44 
1  10 

7  68 
60 

Totals 

104,453 

$657,132,489 

$95  92 

PLYMOUTH  COUNTY. 


Abington 

1,928 

$5,799,462 

$0  95 

Bridgewater 

2,153 

6,810,364 

1  10 

Brockton 

21,212 

73,285,413 

11  65 

Carver 

562 

3,057,201 

45 

Duxbury  . 

858 

8,028,140 

1  13 

East  Bridgewater 

1,265 

5,068,404 

79 

Halifax 

314 

1,571,288 

23 

Hanover   . 

944 

3,870,692 

60 

Hanson     . 

905 

2,725,503 

44 

Hingham 

2,488 

17,062,339 

2  47 

Hull 

1,006 

17,015,842 

2  31 

Kingston  . 

994 

4,685,687 

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 

2,894,796 

44 

Plymouth 

4,650 

24,421,326 

3  66 

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 

886 


Acts,  1941.— Chap.  633. 


WORCESTER  COUNTY. 


Tax  of  $1,000, 

including 

Cities  and  Towns. 

Polls. 

Property. 

Polla  at  one 
tenth  of  a 
mill  each. 

Ashburnham 

867 

I '  $1,878,889 

m  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 

1,168,271 

18 

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 

2,353,409 

39 

Dudley     . 

1,445 

3,755,617 

63 

East  Brookfield 

348 

1,039,342 

17 

Fitchburg 

•      13,747 

52,925,443 

8  26 

Gardner    . 

6,649 

.   23,258,588 

3  69 

Grafton     . 

2,098 

4,799,999 

83 

Hardwick 

801 

1,682,937 

30 

Harvard    . 

387 

2,506,320 

36 

Holden 

1,319 

3,660,855 

61 

Hopedale 
Hubbardston     . 

1,089 

7,114,733 

1  03 

376 

700,198 

13 

Lancaster 

932 

3,006,708 

48 

I^icester  . 

1,556 

3,424,492 

60 

Leominster 

7,360 

25,972,870 

4  11 

Lunenburg 

801 

2,378,080 

39 

Mendon    . 

464 

1,523,273 

24 

Milford     . 

5,374 

15,865,519 

2  60 

Millbury  . 

2,478 

6,531,871 

1  10 

Millville    . 

560 

912,307 

17 

New  Braintree  . 

168 

650,211 

10 

North  Brookfield 

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 

3,283,209 

57 

Paxton 

308 

1,100,000 

17 

Petersham 

280 

1,500,237 

22 

Phillipston 

140 

350,156 

06 

Princeton 

279 

1,350,000 

20 

Royalston 

336 

800,417 

14 

Rutland    . 

575 

1,430,479 

24 

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 

Sterling     . 

587 

2,017,554 

32 

Sturbridge 

763 

2,077,403 

35 

Sutton 

838 

2,114,722 

36 

Templeton 

1,452 

3,354,690 

58 

ITpton 

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 

Acts,  1941.  — Chap.  633. 


887 


WORCESTER  COUNTY  —  Concluded. 


Cities  and  Towns. 


Property. 


Tax  of  $1,000, 

including 

Polls  at  one 

tenth  of  a 

mill  each. 


West  Boylston  . 
West  Brookfield 
Westborough     . 
Westminster 
Winchendon 
Worcester 

745 
476 

1,478 
582 

2,295 
62,205 

$2,800,686 
1,526,042 
4,569,999 
2,000,431 
5,662,149 
299,769,524 

$0  44 
25 
74 
32 
97 

45  24 

Totals 

165,461 

$618,412,252 

$96  95 

RECAPITULATION. 


1 

Tax  of  $1,000. 

including 

Counties. 

Polls. 

Property. 

Polb  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 

Plj'mouth 

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 

Section  2.    This  act  shall  take  effect  as  of  March  twenty- 
seventh,  nineteen  hundred  and  forty-one. 

Approved  October  8,  19J^1. 


888  Acts,  1941.  — Chap.  634. 


C/iaX>. 634  ^^  ^^'^  AUTHORIZING  THE  COMMISSIONER  OF  PUBLIC  WEL- 
FARE TO  ACCEPT,  FOR  RELIEF  PURPOSES,  SURPLUS  AGRI- 
CULTURAL COMMODITIES  FROM  THE  SURPLUS  MARKETING 
ADMINISTRATION  OF  THE  UNITED  STATES  DEPARTMENT  OF 
AGRICULTURE,  PROVIDING  FOR  THE  DISTRIBUTION  OF  THE 
SAME  THROUGH  THE  STAMP  PLAN,  AND  PROVIDING  FOR  THE 
DISTRIBUTION  OF  OTHER  COMMODITIES  RECEIVED  FROM  THE 
UNITED  STATES  THROUGH  SAID  ADMINISTRATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  public  welfare  is  hereby 
authorized  to  accept  and  distribute  surplus  agricultural 
commodities,  donated  to  the  commonwealth  by  the  Surplus 
Marketing  Administration  of  the  United  States  Department 
of  Agriculture  for  relief  purposes,  and  to  supervise,  adminis- 
ter and  provide  means  for  the  distribution  of  said  surplus 
commodities  and  to  cooperate  with  said  Marketing  Adminis- 
tration in  the  sale  and  distribution  of  milk  to  persons  in  low- 
income  groups  and  to  carry  out  the  administration  of  the 
stamp  plan  and  the  distribution  of  said  commodities  in  the 
cities  and  towns  of  the  commonwealth  in  accordance  with 
any  regulation,  requirement  or  contract  now  in  existence  or 
which  may  later  be  made  by  said  Surplus  Marketing  Admin- 
istration, and  to  enter  into  agreements  and  contracts  with 
the  Federal  Government  and  cities  and  towns  of  the  com- 
monwealth for  the  purposes  of  this  act,  and  in  like  manner 
to  provide  for  the  distribution  of  any  other  commodities 
received  from  the  United  States  or  through  said  Adminis- 
tration or  any  successor  thereto.  Any  monies  contributed 
by  the  cities  and  towns  of  the  commonwealth  for  the  main- 
tenance of  said  activities  shall  be  paid  into  the  state  treasury, 
maintained  as  an  independent  fund  and  disbursed  only  on 
authorization  of  the  commissioner  of  public  welfare  or  an 
employee  of  the  department  of  pubhc  welfare  designated  by 
said  commissioner  for  the  purpose.  The  laws  governing  the 
employment,  discharge  and  retirement  of  employees  of  the 
commonwealth  and  the  operation  of  departments  thereof, 
including  chapter  thirty-one  of  the  General  Laws,  shall  not 
apply  to  any  person  engaged  in  carrying  out  any  provision 
of  this  act;  provided,  that  the  foregoing  part  of  this  sentence 
shall  not  apply  to  the  commissioner  of  public  welfare  or  any 
permanent  emploj^ee  designated  by  the  commissioner  for 
authorization  of  disbursements  as  aforesaid. 

Section  2.  No  retail  store,  or  owner,  operator  or  em- 
ployee thereof,  or  other  person  shall  accept,  or  cause  to  be 
accepted,  orange-colored  food  order  stamps  under  the 
Federal  Food  Stamp  Plan,  or  any  other  federal  plan  for  the 
distribution  of  surplus  agricultural  commodities  in  effect  in 
this  commonwealth,  in  exchange  for  any  merchandise  or 
article  except  food,  as  defined  by  the  commissioner  of  public 
welfare,  or  accept,  or  cause  to  be  accepted,  blue-colored 


Acts,  1941.  — Chap.  635.  889 

food  order  stamps  under  such  plan  in  exchange  for  any  mer- 
chandise or  article  not  defined  by  said  commissioner  to 
be  surplus  foods;  and  no  person,  unless  so  authorized,  shall 
buy  or  exchange  for  currency  federal  food  order  stamps.  In 
adopting  such  definitions,  the  commissioner  shall  take  into 
consideration  the  definitions  adopted  from  time  to  time  by 
the  secretary  of  agriculture  of  the  United  States,  and,  in 
the  absence  of  action  by  the  commissioner,  the  definitions 
heretofore  adopted  by  said  secretary  shall  be  in  force  in  this 
commonwealth  for  the  purposes  of  this  section.  Whoever 
violates  any  provision  of  this  section  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  nor  more  than  three  hun- 
dred dollars,  or  by  imprisonment  for  not  less  than  one  nor 
more  than  six  months,  or  both. 

Approved  October  8,  IONI- 
AN Act  restricting  the  issuance  of  insurance  adviser's  Chap. 635 

LICENSES   to    individuals. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  seventy-seven  B  g.  l.  (Ter. 
of  chapter  one  hundred  and  seventy-five  of  the  General  §  177B,  etc., 
Laws,  inserted  by  section  one  of  chapter  three  hundred  amended. 
and  ninety-five  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  amended  by  striking  out  the  second  and 
third  paragraphs  and  inserting  in  place  thereof  the  following 
paragraph :  — 

The  commissioner  may  at  any  time  require  such  informa-  penalty, 
tion  as  he  deems  necessary  in  respect  to  the  business  methods, 
pohcies  and  transactions  of  a  licensee  under  this  section. 
Whoever  fails  or  refuses  to  furnish  the  commissioner  any 
such  information  within  ten  days  after  receiving  a  written 
request  therefor,  and  in  such  form  as  he  may  require,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars. 

Section  2.      Said    section    one    hundred    and    seventy-  g.  l.  (Ter. 
seven  B  is  hereby  further  amended  b}^  inserting  at  the  end  f'^yTB^ttc, 
the  following  new  paragraph :  —  Imended 

Sections  one  hundred  and  sixty  A  and  one  hundred  and  ^    Hcation 
sixty  B  shall  apply  to  an  insurance  adviser  not  duly  licensed  of  certain 
under  this  section.  '''''"'''■ 

Section  3.     Said  chapter  one  hundred  and  seventy-five  g.  l.  (Ter. 
is  hereby  further  amended  by  striking  out  section  fourteen,  ^H'ltc.', 
as  amended  by  section  two  of  chapter  three  hundred  and  amended, 
ninety-five  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
and  inserting  in  place  thereof  the  following:  —  Section  14-  Collection 
He  shall  collect  and  pay  to  the  commonwealth  charges  and  and  fees, 
fees  as  follows : 

For  each  examination  prior  to  grantihg  a  license  or  a 
certificate  of  authority  to  issue  policies  of  insurance  or  an- 
nuity or  pure  endowment  contracts  as  provided  in  sections 
four  and  thirty-two,  fifty  dollars; 


890  Acts,  1941.  — Chap.  635. 

For  the  valuation  of  life  policies  of  a  domestic  company 
as  provided  in  section  nine,  two  and  one  half  mills  for  each 
thousand  dollars  of  insurance; 

For  each  certificate  issued  under  section  sixteen,  two 
dollars;  provided,  that  such  certificate  shall  be  issued  with- 
out charge  for  the  use  of  the  commonwealth; 

For  each  certificate  under  section  thirty-two,  two  dollars; 

For  each  special  license  under  clause  (g)  of  section  fifty- 
one  or  of  section  fifty-four,  ten  dollars; 

For  each  certificate  issued  by  the  commissioner  under 
section  seventy  or  seventy-one,  two  dollars; 

For  filing  copy  of  charter  or  deed  of  settlement  of  each 
foreign  company  under  section  one  hundred  and  fifty-one, 
thirty  dollars; 

For  filing  financial  statement  with  the  application  for 
admission  of  a  foreign  company  under  section  one  hundred 
and  fifty-one,  and  for  the  filing  of  each  annual  statement 
by  a  foreign  company  under  section  twenty-five,  twenty 
dollars; 

For  each  service  of  legal  process  upon  him  as  attorney  for 
a  foreign  company  under  section  one  hundred  and  fifty-one 
and  section  one  hundred  and  fifty-four,  two  dollars;  pro- 
vided, that  such  fee  shall  not  be  required  for  the  service  of 
process  in  any  criminal  proceeding; 

For  each  license  or  renewal  thereof  to  an  insurance  agent 
of  any  company  under  section  one  hundred  and  sixty-three, 
two  dollars; 

For  each  license  or  renewal  thereof  to  an  insurance  broker 
under  section  one  hundred  and  sixty-six,  twenty-five  dollars ; 

For  each  license  or  renewal  thereof  to  a  special  insurance 
broker  under  section  one  hundred  and  sixty-eight,  twenty- 
five  dollars; 

For  each  license  or  renewal  thereof  to  an  adjuster  of  fire 
losses  under  section  one  hundred  and  seventj'-two,  ten 
dollars ; 

For  each  license  or  renewal  thereof  to  an  insurance 
adviser  under  section  one  hundred  and  seventy-seven  B, 
twenty-five  dollars; 

For  each  license  or  renewal  thereof  to  a  voluntary  asso- 
ciation under  section  one  hundred  and  seventy-two  A,  to  a 
partnership  under  section  one  hundred  and  seventy-three  or 
to  a  corporation  under  section  one  Imindred  and  seventy- 
four,  the  fees  hereinbefore  prescribed  for  like  licenses  issued 
to  individuals  under  section  one  hundred  and  sixty-three, 
one  hundred  and  sixty-six,  one  hundred  and  sixty-eight  or 
one  hundred  and  seventy-two,  for  each  trustee,  partner  or 
officer  to  be  covered  by  the  license;  provided,  that  the  fee 
to  be  collected  for  an  insurance  broker's  license  issued  under 
section  one  hundred  and  seventy-three  to  a  partnership  com- 
posed entirely  of  residents  of  other  states  of  the  United 
States  eligible  therefor  under  section  one  hundred  and  sixty- 
six,  and  covering  all  the  partners,  shall  be  twenty-five  dol- 
lars and  that  the  aggregate  fees  to  be  collected  for  such  a 


Acts,  1941.— Chap.  636.  891 

license  issued  as  aforesaid  to  any  other  partnership  shall  not 
exceed  one  hundred  dollars; 

For  each  certificate  of  the  valuation  of  the  policies  of  any 
life  company  and  for  each  certificate  of  the  examination, 
condition  or  qualification  of  a  company,  two  dollars; 

For  each  copy  of  any  paper  on  file  in  the  office  of  the  com- 
missioner, twenty  cents  a  page  and  for  copies  of  tabulations, 
forty  cents  a  page  and  two  dollars  for  certifying  the  same; 
and 

All  other  fees  and  charges  due  the  commonwealth  for  any 
official  act  or  service  of  the  commissioner. 

Approved  October  8,  1941- 


An  Act  to  authorize  the  town  of  newbury  to  sup- 
ply ITSELF  AND  ITS  INHABITANTS  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Newbury  may  supply  itself  and 
its  inhabitants  with  water  for  the  extinguishment  of  fires  and 
for  domestic  and  other  purposes;  and  may  establish  foun- 
tains and  hydrants,  relocate  or  discontinue  the  same,  and 
may  regulate  the  use  of  such  water  and  fix  and  collect  rates 
to  be  paid  for  the  use  of  the  same. 

Section  2.  For  the  purposes  aforesaid,  said  town,  acting 
by  its  board  of  water  commissioners  hereinafter  provided 
for,  may  contract  with  any  other  municipality,  acting  by  its 
water  department,  or  with  any  water  company,  or  with  any 
water  district,  for  whatever  water  may  be  required,  authority 
to  furnish  the  same  being  hereby  granted,  and  may  lease, 
or  take  by  eminent  domain  under  chapter  seventy-nine  or 
chapter  eighty  A  of  the  General  Laws,  or  acquire  by  lease, 
purchase  or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  brook,  spring  or  stream  or  of  any  ground 
water  sources,  by  means  of  driven,  artesian  or  other  wells  or 
filter  galleries,  within  the  limits  of  said  town,  not  already 
appropriated  for  purposes  of  public  water  supply,  and  the 
water  rights  connected  with  any  such  water  sources;  and 
also  for  said  purposes  may  take  by  eminent  domain  under 
said  chapter  seventy-nine  or  said  chapter  eighty  A,  or  ac- 
quire by  lease,  purchase  or  otherwise,  and  hold,  all  lands, 
rights  of  way  and  other  easements  necessary  for  collecting, 
storing,  holding,  purifying  and  treating  such  water  and  pro- 
tecting and  preserving  the  purity  thereof  and  for  conveying 
the  same  to  any  part  of  said  town;  provided,  that  no  source 
of  water  supply  and  no  lands  necessary  for  protecting  and 
preserving  the  purity  of  the  water  shall  be  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  depart- 
ment of  public  health,  and  that  the  location  and  arrangement 
of  all  dams,  reservoirs,  wells  or  filter  galleries,  filtration  and 
pumping  plants  or  other  works  necessary  in  carrying  out  the 
provisions  of  this  act  shall  be  subject  to  the  approval  of  said 
department;  and  said  town  may  acquire  by  lease,  purchase 
or  otherwise  any  appliances,  works,  tools,  machinery  and 


ChapSSQ 


892  Acts,  1941.  — Chap.  636. 

other  equipment  that  may  be  necessary  or  expedient  in 
carrying  out  the  provisions  of  this  act.  Said  town  may  con- 
struct and  maintain  on  the  lands  acquired  and  held  under  this 
act  proper  dams,  wells,  reservoirs,  pumping  and  filtration 
plants,  buildings,  standpipes,  tanks,  fixtures  and  other  struc- 
tures, including  also  purification  and  treatment  works,  the 
construction  and  maintenance  of  which  shall  be  subject  to 
the  approval  of  said  department  of  public  health,  and  may 
make  excavations,  procure  and  operate  machinery,  and  pro-  . 
vide  such  other  means  and  appliances  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and  main- 
tenance of  complete  and  effective  water  works ;  and  for  that 
purpose  may  construct,  lay  and  maintain  aqueducts,  con- 
duits, pipes  and  other  works,  under  or  over  any  lands,  water 
courses,  railroads,  railways  and  public  or  other  ways,  and 
along  any  such  way,  in  said  town  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  conduits,  pipes  and  other  works,  and  for  all  other  proper 
purposes  of  this  act,  said  town  may  dig  up  or  raise  and  em- 
bank any  such  lands,  highways  or  other  ways  in  such  manner 
as  to  cause  the  least  hindrance  to  public  travel  thereon; 
provided,  that  all  things  done  upon  any  such  way  shall  be 
subject  to  the  direction  of  the  selectmen  of  said  town.  Said 
town  shall  not  enter  upon,  construct  or  lay  any  conduits, 
pipes  or  other  works  within  the  location  of  any  railroad  cor- 
poration except  at  such  time  and  in  such  manner  as  it  may 
agree  upon  with  such  corporation,  or,  in  case  of  failure  so  to 
agree,  as  may  be  approved  by  the  department  of  public 
utilities.  Said  town  may  enter  upon  any  lands  for  the  pur- 
pose of  making  surveys,  test  pits  and  borings,  and  may  take 
or  otherwise  acquire  the  right  to  occupy  temporarily  any 
lands  necessary  for  the  construction  of  any  works  or  for  any 
other  purpose  authorized  by  this  act. 

Section  3.  The  land,  water  rights  and  other  property 
taken  or  acquired  under  this  act,  and  all  works,  buildings  and 
other  structures  erected  or  constructed  thereunder,  shall  be 
managed,  leased,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  manner 
as  they  shall  deem  for  the  best  interest  of  the  town.  The 
board  of  water  commissioners  may  establish  rules  and  regu- 
lations for  the  management  of  its  water  works,  not  incon- 
sistent with  this  act  or  with  any  other  provisions  of  law. 

Section  4.  Anj^  person  or  corporation  injured  in  his  or 
its  property  by  any  action  of  said  town  or  board  under  this 
act  may  recover  damages  from  said  town  under  said  chapter 
seventy-nine  or  said  chapter  eighty  A;  provided,  that  the 
right  to  damages  for  the  taking  of  any  water,  water  source 
or  water  right,  or  any  injury  thereto,  shall  not  vest  until  the 
water  is  actually  withdrawn  or  diverted  by  said  town  under 
authority  of  this  act. 

Section  5.  Said  town,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  or  to  be  incurred 


Acts,  1941.  — Chap.  636.  893 

under  this  act,  other  than  expenses  of  maintenance  and 
operation,  may  issue  from  time  to  time  bonds  or  notes  to  an 
amount  not  exceeding,  in  the  aggregate,  one  hundred  and 
fifteen  thousand  dollars,  which  shall  bear  on  their  face  the 
words.  Town  of  Newbury  Water  Loan,  Act  of  1941.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  payable  in  not  more  than  thirty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
subject  to  chapter  forty-four  of  the  General  Laws. 

Section  6.  Said  town  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  five;  and,  when  a  vote  to  that  effect 
has  been  passed,  a  sum  which,  with  the  income  derived  from 
the  water  rates,  will  be  sufficient  to  pay  the  annual  expense  of 
operating  its  water  works,  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  without  further  vote  be  assessed  by  the  assessors 
of  said  town  annually  thereafter  in  the  same  manner  as  other 
taxes,  until  the  debt  incurred  by  the  said  loan  or  loans  is 
extinguished. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  of  the  waters  taken  or  held  under  this 
act,  or  injures  any  structure,  work  or  other  property  owned, 
held  or  used  by  said  town  under  the  authority  and  for  any 
of  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said  town 
three  times  the  amount  of  damages  assessed  therefor,  to  be 
recovered  in  an  action  of  tort;  and  upon  conviction  of  any 
one  of  the  above  wilful  or  wanton  acts  shall  be  punished  by  a 
fine  of  not  more  than  three  hundred  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  both. 

Section  8.  The  selectmen  of  said  town  shall  serve  as 
water  commissioners  until  the  election  and  quahfication  of 
water  commissioners.  Whenever  the  phrase  "board  of  water 
commissioners"  or  "board"  or  "commissioners"  occurs  in 
this  act  it  shall  mean  and  include  the  board  of  water  com- 
missioners or  the  selectmen  acting  as  such,  as  the  case  may  be. 
Said  town  may,  at  an  annual  town  meeting  or  at  any  special 
meeting  held  not  less  than  thirty  days  prior  to  an  annual 
town  meeting,  vote  to  elect  at  the  next  annual  town  meeting 
a  board  of  three  water  commissioners;  and  if  the  town  so 
votes  it  shall  at  such  next  annual  town  meeting  elect  by 
ballot  three  persons  to  hold  office  as  members  of  said  board 
for  one,  two  and  three  years,  respectively,  from  such  meet- 
ing, and  until  their  successors  are  qualified;  and  thereafter 
at  each  annual  town  meeting  the  town  shall  elect  one  such 
member  to  hold  office  for  three  years  and  until  his  successor 
is  qualified.  All  the  authority  granted  to  the  town  by  this 
act,  except  sections  five  and  six,  and  not  otherwise  specially 
provided  for,  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject,  however,  to  such  instructions, 
rules  and  regulations  as  said  town  may  impose  by  its  vote. 
A  majority  of  said  commissioners  shall  constitute  a  quorum 


894  Acts,  1941.  — Chap.  637. 

for  the  transaction  of  business.  After  the  election  of  a  board 
of  water  commissioners  under  authority  of  this  section,  any 
vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said  town 
at  any  legal  town  meeting  called  for  the  purpose.  Any  such 
vacancy  may  be  filled  temporarily  in  the  manner  provided 
by  section  eleven  of  chapter  forty-one  of  the  General  Laws, 
and  the  person  so  appointed  shall  perform  the  duties  of  the 
office  until  the  next  annual  meeting  of  said  town  or  until 
another  person  is  qualified. 

Section  9.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  appropriated  to  defray  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they 
accrue  upon  any  bonds  or  notes  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  may  be  appropriated 
for  such  new  construction  as  the  water  commissioners,  with 
the  approval  of  the  town,  may  determine  upon,  and  in  case 
a  surplus  should  remain  after  payment  for  such  new  con- 
struction the  water  rates  shall  be  reduced  proportionately. 
Said  commissioners  shall  annually,  and  as  often  as  the  town 
may  require,  render  a  report  upon  the  condition  of  the  works 
under  their  charge,  and  an  account  of  their  doings,  including 
an  account  of  the  receipts  and  expenditures. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  voters  of  the  town  of  Newbury 
present  and  voting  thereon  at  a  town  meeting  called  for 
the  purpose  within  four  years  after  its  passage,  but  not 
otherwise;  but  the  number  of  meetings  so  called  in  any  year 
shall  not  exceed  three.  Approved  October  8,  1941. 

Chap.QS7  An  Act  relative  to  the  application  to  cider  of  cer- 
tain ALCOHOLIC  content  OF  THE  LAW'S  RELATING  TO 
ALCOHOLIC  BEVERAGES,  AND  RELATIVE  TO  THE  IMPOSI- 
TION OF  AN  EXCISE  ON  SUCH  CIDER. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SECTION  1.      Scctiou   ouc   of   chapter   one   hundred   and 

ftt!'amfAded.  thirty-eight  of  the  General  Laws,  as  amended,  is  hereby 
further  amended  by  striking  out  the  definition  of  "Wines", 
as  appearing  in  section  two  of  chapter  three  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  inserting  in  place  thereof  the  following  definition :  — 
Term  "Wines"  "Wiucs",  all  fermented  alcoholic  beverages  made  from 
fruits,  flowers,  herbs  or  vegetables  and  containing  not  more 
than  twenty-four  per  cent  of  alcohol  by  volume  at  sixty 
degrees  Fahrenheit,  except  cider  containing  not  more  than 
three  per  cent,  or  containing  more  than  six  per  cent,  of  al- 
cohol by  weight  at  sixty  degrees  Fahrenheit. 
G.  L.  (Ter.  SECTION  2.    Scctiou  twcuty-oue  of  said  chapter  one  hun- 

f  21,' Itc.',         A-ed  and  thirty-eight,  as  amended,  is  hereby  further  amended 

amended. 


Acts,  1941.  — Chaps.  638,  639.  895 

by  striking  out  the  third  paragraph,  as  appearing  in  section 
one  of  chapter  three  hundred  and  sixty-seven  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  and  inserting  in  place 
thereof  the  two  following  paragraphs :  — 

For  each  wine  gallon,  or  fractional  part  thereof,  of  cider  Excise, 
containing  more  than  three  per  cent  but  not  more  than 
six  per  cent  of  alcohol  by  weight  at  sixty  degrees  Fahrenheit, 
at  the  rate  of  one  and  one  half  centt  per  wine  gallon; 

For  each  wine  gallon,  or  fractional  jjart  thereof,  of  wine, 
other  than  cider  containing  more  than  three  per  cent  but 
not  more  than  six  per  cent  of  alcohol  as  aforesaid,  including 
vermouth,  at  the  rate  of  ten  cents  per  wine  gallon; 

Section  3.    Nothing  in  this  act  shall  affect  the  temporary  Application  of 
additional  excise  with  respect  to  the  sale  of  alcoholic  bev-  *"*  ''^'ted. 
erages  and  alcohol  imposed  by  chapter  four  hundred  and 
thirty-four  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
as  amended  by  chapter  three  hundred  and  thirty-nine  of 
the  acts  of  the  current  year.        Approved  October  8,  1941. 

An  Act  further  regulating  the  hours  of  duty  of  (Jjidj)  533 

PERMANENT  MEMBERS   OF   FIRE   DEPARTMENTS   IN   CERTAIN 
CITIES   AND    TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-eight  of  the  General  Laws  is  hereby  amended  g-  l  cver. 
by  inserting  after  section  fifty-eight,  as  appearing  in  the  new  '§  ssa. 
Tercentenary  Edition,  the  following  new  section:  —  Section  '"^^'-ted- 
58 A.    The  hours  of  duty  of  the  permanent  members  of  the  hours"fo?' 
uniformed  fire  fighting  force  in  every  city  in  which  this  sec-  firemen. 
tion  is  accepted  by  the  mayor  and  by  the  city  council  and 
in  every  town  in  which  it  is  accepted  by  vote  of  the  town 
at  an  annual  town  meeting  shall  be  so  established  by  the 
fire  commissioner,  board  of  fire  commissioners,  chief  engi- 
neer, board  of  engineers,  or  other  officers  having  charge  of 
fire  fighting  that  the  average  weekly  hours  of  duty  in  any 
year,  other  than  hours  during  which  such  members  may  be 
summoned  and  kept  on  duty  because  of  conflagrations,  shall 
not  exceed  seventy  in  number.    Sections  fifty-six,  fifty-seven 
and  fifty-nine  shall  not  apply  to  the  permanent  members  of 
the  uniformed  fire  fighting  force  in  any  such  city  or  town. 

{This  bill,  returned  by  the  governor  to  the  House  of  Repre- 
sentatives, the  branch  in  which  it  originated,  with  his  objections 
thereto,  was  passed  by  the  House  of  Representatives,  October  6, 
1941,  and,  in  concurrence,  by  the  Senate,  October  8,  1941,  the 
objections  of  the  governor  notwithstanding,  in  the  manner  pre- 
scribed by  the  constitution;  and  thereby  has  "  the  force  of  a  law  ".) 

An  Act  authorizing  counties,   cities,  towns  and  dis-  Chap.QSQ 

TRICTS   TO    CO-OPERATE    WITH    THE    FEDERAL    GOVERNMENT 
IN   RELATION   TO   DEFENSE   PUBLIC   WORKS. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  in  part  is  to  further  co-operate  ^""^"'""^ 


896  Acts,  1941.  — Chap.  639. 

with  the  federal  government  without  delay  in  national  de- 
fense in  the  present  emergency,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  safety  and  convenience. 

Re  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nine  of  chapter  four  hundred  and 
four  of  the  acts  of  nineteen  hundred  and  thirty-five,  added 
by  chapter  four  hundred  and  fourteen  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  and  as  most  recently  amended 
by  section  one  of  chapter  four  himdred  and  twenty-three  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  fur- 
ther amended  by  striking  out  all  after  the  word  "thirty- 
nine"  in  the  eleventh  line  and  inserting  in  place  thereof  the 
following :  —  ,  nineteen  hundred  and  forty,  nineteen  hundred 
and  forty-one  and  nineteen  hundred  and  forty-two,  author- 
izing grants  or  loans  of  federal  money  for  public  works  proj- 
ects or  defense  pubhc  works,  —  so  as  to  read  as  follows:  — 
Section  9.  Wherever,  in  Part  I  of  chapter  three  hundred  and 
sixty-six  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
reference  is  made  to  the  National  Industrial  Recovery  Act 
or  any  title  or  part  thereof,  or  to  the  Emergency  Relief 
Appropriation  Act  of  1935,- such  reference  shall  be  deemed 
and  held  to  refer  also  to  all  acts  and  joint  resolutions  of 
Congress  enacted  during  nineteen  hundred  and  thirty-six, 
nineteen  hundred  and  thirty-seven,  nineteen  hundred  and 
thirty-eight,  nineteen  hundred  and  thirty-nine,  nineteen  hun- 
dred and  forty,  nineteen  hundred  and  forty-one  and  nineteen 
hundred  and  forty-two,  authorizing  grants  or  loans  of  federal 
money  for  public  works  projects  or  defense  public  works. 

Section  2.  If  a  county,  citj^  town  or  district  shall  have 
an  agreement  with  the  federal  government  whereby  such 
government  grants  such  county,  city,  town  or  district  a  sum 
of  money  to  be  used  with  funds  provided  by  said  county, 
city,  town  or  district  for  a  public  works  project,  including 
defense  public  works  projects,  and  shall  be  required  pri- 
marily to  pay  that  portion  of  the  expense  for  which  reim- 
bursement is  to  be  received  from  the  grant,  the  treasurer 
of  such  county,  city,  town  or  district,  with  the  approval  of 
the  county  commissioners,  mayor,  selectmen,  prudential  com- 
mittee or  commissioners,  as  the  case  may  be,  in  anticipation 
of  the  receipt  of  the  proceeds  of  such  grant,  may  incur  debt, 
which,  in  the  case  of  a  city  or  town,  shall  be  outside  the  debt 
limit,  to  an  amount  not  exceeding  the  amount  of  the  grant 
as  shown  by  the  grant  agreement,  and  may  issue  notes  there- 
for, payable  in  not  exceeding  one  year  from  their  dates. 
Any  loan  issued  under  this  act  for  a  shorter  period  than  one 
year  may  be  refunded  by  the  issue  of  other  notes  maturing 
within  the  required  period;  provided,  that  the  period  from 
the  date  of  issue  of  the  original  loan  to  the  date  of  maturity 
of  the  refunding  loan  shall  not  be  more  than  one  year.  The 
proceeds  of  the  grant,  so  far  as  necessary,  shall  be  applied 


Acts,  1941.  — Chap.  640.  897 

to  the  discharge  of  the  loan.  The  treasurer  of  any  county, 
city,  town  or  district  which  now  has  outstanding  any  tempo- 
rary loan  issued  under  authority  of  chapter  eighty-two  of 
the  acts  of  nineteen  hundred  and  thirty-eight,  or  hereafter 
issued  under  authority  of  this  act  may,  with  the  approval 
of  the  board  specified  in  section  one  of  chapter  forty-nine  of 
the  acts  of  nineteen  hundred  and  thirty-three,  extend  such 
temporarj^  loan  for  a  period  or  periods  not  exceeding,  in 
the  aggregate,  six  months  beyond  the  term  provided  for  an 
original  loan  by  the  act  under  which  such  loan  was  made. 

Section  3.     Chapter  eighty-two  of  the  acts  of  nineteen 
hundred  and  thirty-eight  is  hereby  repealed. 

Approved  October  9,  1941- 


An  Act  providing  that  the  question   of  adopting  a  Chap.Q4:0 

STANDARD  FORM  OF  CITY  CHARTER,  SO  CALLED,  SHALL  BE 
SUBMITTED  TO  THE  VOTERS  AT  CITY  ELECTIONS  INSTEAD 
OF   STATE    ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  forty-three  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  nine,  as  appearing  amended.    ' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  9.    Within  thirty  daj^'s  after  voting  on 
the  petition  has  been  filed  with  him,  the  city  clerk  shall,  forms^oi  city 
except  as  provided  by  section  ten,  transmit  a  certified  copy  ^t  dt^'^eiec-'^^ 
thereof  to  the  city  council,  except  that  the  signatures  upon  tion. 
the  petition  need  not  be  copied  but  in  place  thereof  the  city 
clerk  shall  state  the  number  of  signatures  of  registered  voters 
thereon,  certified  as  such  by  the  registrars  of  voters.    If  any 
question  arises  as  to  the  validity  or  sufficiency  of  the  peti- 
tion or  of  the  signatures  thereon,  any  registered  voter  of  the 
city  may  appeal  for  a  determination  of  said  question  to  the 
applicable  board  referred  to  in  section  twelve  of  chapter 
fifty-three,  upon  filing  a  notice  of  such  appeal  with  the  city 
council  and  with  the  clerk  of  the  board  of  registrars  of  voters 
within  forty-five  days  after  the  filing  of  the  petition.    The  de-  ' 

cision  of  the  board  so  appealed  to  shall  be  final,  and  it  shall 
forthwith  send  notice  thereof  to  the  city  council.  Immedi- 
ately upon  the  expiration  of  said  period  of  forty-five  days, 
if  no  appeal  has  been  taken  as  aforesaid  and  if  it  appears 
that  said  petition  bears  the  required  number  of  signatures 
of  registered  voters,  certified  as  aforesaid,  and  is  otherwise 
valid  and  sufficient,  or  forthwith  after  all  proceedings  rela- 
tive to  such  petition  have  been  decided  in  favor  of  the 
validity  or  sufficiency  of  such  petition  or  signatures,  as  the 
case  may  be,  said  city  council  shall  transmit  said  certified 
copy  to  the  city  clerk,  but  not  otherwise.  The  question 
proposed  by  the  petition  shall  be  duly  submitted  upon  the 
official  ballot  to  a  vote  of  the  registered  voters  of  said  city 
at  the  next  regular  city  election  if  said  certified  copy  is 
transmitted  to  the  city  clerk  as  hereinbefore  provided  at 


898 


Acts,  1941.— Chap.  640. 


G.  L.  (Tor. 
Ed.).  43,  §  11, 
amended. 

Majority  vote 
required. 

Election  of 
officers,  etc. 


G.  L.  (Ter. 
Ed.),  43,  §  1.5, 
etc.,  amended. 

Dates  of 
city  elections. 


least  thirty  daj's  before  said  election,  otherwise  it  shall  be 
so  submitted  at  the  regular  city  election  next  following  the 
aforesaid  election. 

Section  2.  Said  chapter  forty-three  is  hereby  further 
amended  by  striking  out  section  eleven,  as  so  appearing, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 11.  If  a  majority  of  the  total  number  of  votes  cast  at 
a  regular  city  election  for  and  against  the  adoption  of  one 
of  the  plans  of  government  provided  for  in  this  chapter  shall 
be  in  favor  of  its  adoption,  this  chapter,  so  far  as  applicable 
to  the  form  of  government  under  the  plan  adopted  by  the 
city,  shall  supersede  the  provisions  of  its  charter  and  of  the 
general  and  special  laws  relating  thereto  and  inconsistent 
herewith,  but  not,  however,  until  officers  provided  for  under 
such  plan  shall  have  been  duly  elected  and  their  terms  of 
office  shall  have  begun.  The  officers  provided  for  under  the 
plan  so  adopted  shall  be  elected  in  accordance  with  the  pro- 
visions of  this  chapter  relating  to  such  plan  and  in  accord- 
ance with  section  fifteen,  and  their  terms  of  office  shall  begin 
at  ten  o'clock  in  the  forenoon  of  the  first  Monday  of  January 
following  their  election. 

Section  3.  Said  chapter  forty-three  is  hereby  further 
amended  by  striking  out  section  fifteen,  as  amended,  and 
inserting  in  place  thereof  the  following  new  section :  —  Sec- 
tion 15.  After  the  adoption  by  any  city  of  any  plan  provided 
for  by  this  chapter 

(a)  If  the  plan  adopted  provides  for  annual  elections,  regu- 
lar municipal  elections  under  said  plan  shall  take  place  in 
the  year  following  its  adoption,  and  thereafter,  on  the  Tues- 
day next  following  the  first  Monday  of  December  in  each 
year;  provided,  that  if  said  city  accepts  or  has  accepted  sec- 
tion one  hundred  and  three  A  of  chapter  fift^^-four  all  regu- 
lar municipal  elections  under  such  plan  following  such  ac- 
ceptance shall  take  place  on  the  third  Tuesday  of  December 
in  each  year; 

(6)  If  the  plan  adopted  provides  for  elections  to  be  held 
biennially  in  every  even-numbered  year,  the  regular  municipal 
election  next  succeeding  the  adoption  of  such  plan  shall  take 
place  on  the  Tuesday  following  the  first  Monday  of  Decem- 
ber in  the  even-numbered  year  next  succeeding  the  year  of 
its  adoption,  and  regular  municipal  elections  thereafter  shall 
take  i)lace  on  the  Tuesday  next  following  the  first  Monday 
of  December  in  every  even-numbered  year;  provided,  that 
in  any  such  city  which  accepts  or  has  accepted  said  section 
one  hundred  and  three  A  all  regular  municipal  elections 
under  said  plan  following  such  acceptance  shall  take  place 
biennially  on  the  third  Tuesday  of  December  in  every  even- 
numbered  year;  and 

(c)  If  the  plan  adopted  provides  for  elections  to  be  held 
biennially  in  every  odd-numbered  year,  the  first  regular 
municipal  election  following  its  adoption  shall  take  place 
in  the  odd-numbered  year  next  succeeding  the  year  of  its 


Acts,  1941.  — Chap.  640.  899 

adoption  on  the  day  fixed  for  the  holding  of  such  elections 
under  the  laws  in  effect  in  such  city  immediately  prior  to 
such  adoption,  and  regular  municipal  elections  thereafter 
shall  take  place  in  every  odd-numbered  (year  on  the  day 
fixed  as  aforesaid;  provided,  that  in  any  city  which  adopts 
Plan  K  all  regular  municipal  elections  shall  take  place  as 
provided  in  section  one  hundred  and  nine. 

In  each  city  adopting  any  plan  provided  for  by  this  chap- 
ter, the  municipal  year  shall  begin  and  end  at  ten  o'clock 
in  the  morning  of  tlie  first  Monday  of  January  in  each  year. 

Section  4.     Section  forty-four  A  of  said  chapter  forty-  <^  i-  (I'er. 
three,   as  most  recently  amended  by  section  fourteen  of  §  44A^etc.. 
chapter  three  hundred  and  seventy-eight  of  the  acts  of  nine-  amended. 
teen  hundred  and  thirty-eight,  is  hereby  further  amended 
by  striking  out  the  last  sentence  of  the  fii-st  paragraph. 

Section  5.     Section  forty-four  H  of  said  chapter  forty-  g.  l.  (Ter. 
three,  as  amended  by  section  seven  of  chapter  one  hundred  f  44Hf  etc., 
and  eighty  of  the  acts  of  nineteen  hundred  and  thirty-two,  a"'ended. 
is  hereby  further  amended  by  striking  out,  in  the  fifth  and 
in  the  fourteenth  lines,  the  word  "state"  and  inserting  in 
place  thereof,   in  each  instance,   the  word :  —  city,  —  and 
by  striking  out,  in  the  eleventh  line,  the  word  "regular" 
and  inserting  in  place  thereof  the  word:  —  biennial,  —  so  as 
to  read  as  follows: —  Section  44H.     If,  in  a  city  governed  Preliminary 
on  September  first,  nineteen  hundred  and  twenty-two,  by  citiea,°how 
one  of  the  plans  provided  by  this  chapter,  there  is  filed  with  '"''^'''■^^ 
the  city  clerk,  not  later  than  one  month  before  a  regular 
city  election,  a  petition  conforming  so  far  as  possible  to 
the  provisions  of  sections  eight  and  nine,  requesting  that 
such  city  accept  the  provisions  of  sections  forty-four  A  to 
forty-four  G,  inclusive,  and  bearing  the  signatures  of  regis- 
tered voters  thereof,  duly  certified  by  the  registrars  of  voters, 
to  a  number  equal  to  at  least  ten  per  cent  of  the  registered 
voters  thereof  at  the  biennial  state  election  next  preceding 
such  filing,  the  following  question  shall  be  placed  upon  the 
official  ballot  to  be  used  in  such  city  at  the  next  regular 
city  election:  —  "Shall  sections  forty-four  A  to  forty-four  G, 
inclusive,  of  chapter  forty-three  of  the  General  Laws,  rela- 
tive to  the  nomination  by  preliminary  elections  of  candi- 
dates for  elective  municipal  offices  in  cities  governed  under 
a  standard  form  of  city  charter,  be  accepted  by  the  city 
of  ?"    If  a  majority  of  the  voters  voting  thereon 

in  such  city  vote  in  the  affirmative,  said  sections  shall  take 
effect  therein. 

Section  6.    Chapter  fifty-four  A  of  the  General  Laws  is  (■  '-  (Tpp. 
hereby  amended  by  striking  out  section  two,  as  amended  by  tVetc.'!"' 
section  seventeen  of  said  chapter  three  hundred  and  seventy-  amended. 
eight,  and  inserting  in  place  thereof  the  following  section: — 
Section  2.     A  petition  in  a  form  prescribed  as  hereinafter  Proportional 
provided,  signed  in  person  by  registered  voters  of  any  city  ■"^pf^^entation. 
or  any  town  as  to  which  this  chapter  applies,  equal  in  num-  fentslTtc!""" 
ber  to  at  least  ten  per  cent  of  the  registered  voters  thereof, 


900  Acts,  1941.  — Chap.  640. 

Form  of  petitioning  that  all  the  members  of  any  particular  elective 

subfiiission"^  body  as  to  which  this  chapter  applies,  specified  in  the  peti- 
te voters.  ^Jqjj^  ^,0  be  composed  of  any  odd  number  of  members  not 
more  than  fifteen  in  a  city,  or  any  number  then  permitted 
by  law  in  a  town,  which  is  specified  therein,  be  elected  at 
large  by  proportional  representation,  or  that  any  particular 
elective  officer,  specified  therein,  be  elected  by  preferential 
voting,  and  that  the  question  of  adopting  the  proposed 
change  be  submitted  to  the  voters  of  such  city  or  town  at 
a  regular  municipal  election,  as  specified  therein,  may  be 
filed  with  the  city  or  town  clerk  not  later  than  sixty  days 
prior  to  such  a  municipal  election;  provided,  that  this  sec- 
tion shall  not  authorize  the  filing  of  a  petition  for  the  sub- 
mission of  such  a  question  relative  to  a  body  or  officer  except 
at  the  regular  municipal  election  next  preceding  a  regular  mu- 
nicipal election  at  which  successors  to  one  or  more  members 
of  such  a  body  are  to  be  elected  or  a  successor  to  such  officer  is 
to  be  elected,  as  the  case  may  be;  and  provided,  further,  that 
this  section  shall  not  authorize  the  submission  of  such  a  ques- 
tion relative  to  any  body  the  members  of  which  are  already 
authorized  to  be  elected  by  proportional  representation. 

The  city  or  town  clerk  shall  prescribe  the  form  of  the 
aforesaid  petitions  which  shall  conform  to  the  provisions  of 
section  thirty-eight  of  chapter  forty-three  relative  to  initia- 
tive petitions  in  cities  governed  by  said  chapter. 

Within  twenty  days  after  the  filing  of  any  such  petition, 
the  city  or  town  clerk  shall  transmit  the  same  to  the  regis- 
trars of  voters  who  shall  certify  upon  such  petition  the  num- 
ber of  signatures  which  are  names  of  registered  voters  in 
such  city  or  town;  provided,  that  the  registrars  need  not 
certify  a  greater  number  of  names  than  is  equal  in  number 
to  twelve  per  cent  of  the  registered  voters  therein. 

If  such  a  petition,  signed  by  the  requisite  number  of  voters 
of  a  city  or  town  and  otherwise  conforming  to  the  provisions 
of  this  section,  is  filed  with  the  city  or  town  clerk  and  the 
signatures  thereon  certified  as  hereinbefore  required,  there 
shall  be  printed  on  the  official  ballot  to  be  used  in  such  city 
or  town  at  the  election  specified  in  such  petition,  the  ques- 
tion of  the  adoption  of  the  change  petitioned  for,  in  the  form 
set  forth  in  the  first  of  the  following  questions,  in  case  the 
change  will  affect  an  elective  body  or  in  the  form  set  forth 
in  the  second,  in  case  it  will  affect  an  elective  officer,  the 
blanks  in  either  such  question  to  be  properly  filled  in:  — 

(1)  Referendum  on  the  election  at,  large  by  proportional 
representation  of  the  members  of  (insert  name  of  the  elec- 
tive body  specified  in  the  petition)  of  the  (city  or  town) 
of 

Shall  the  (insert  name  of  the  elective  body  specified  in  the 
petition)  of  this  (city  or  town)  be  elected  by  proportional 
representation  as  authorized  in  chapter  fifty- 
four  A  of  the  General  Laws,  said  body  to  con- 
sist of  (insert  number)  members,  all  to  be  elected 
at  large? 


YES. 

NO. 

YES. 

NO. 

Acts,  1941.  — Chap.  640.  901 

(2)  Referendum  on  the  election  by  preferential  voting  of 
(insert  title  of  the  elective  officer  specified  in  the  petition)  of 
the  (city  or  town)  of 

Shall  the  (insert  title  of  the  elective  officer  specified  in  the 
petition)  of  this  (city  or  town)  be  elected  by  pref- 
erential voting  as   authorized  in  chapter  fifty- 
four  A  of  the  General  Laws? 

If,  pending  the  determination  of  the  question  of  electing 
by  proportional  representation  the  members  of  any  elective 
body  proposed  by  a  petition  already  filed  under  this  section, 
a  petition  presenting  the  question  of  so  electing  the  mem- 
bers of  such  body  but  specifying  a  different  number  of  mem- 
bers shall  be  presented  for  filing  with  a  city  or  town  clerk, 
no  action  shall  be  taken  upon  the  later  petition  except  to 
file  it,  until  after  the  submission  to  a  vote  of  th6  question 
proposed  by  the  earlier  petition.  Should  the  result  of  such 
vote  be  adverse  thereto,  proceedings  shall  then  be  had  upon 
the  later  petition  as  though  it  had  been  filed  upon  the  day 
when  such  vote  on  the  earlier  petition  was  cast. 

If  a  majority  of  the  votes  cast  upon  any  such  question 
relative  to  a  body  or  officer  of  a  city  or  town  is  in  the  affirma- 
tive the  following  provisions  of  this  chapter,  so  far  as  apt, 
shall  apply  with  respect  to  such  body  or  officer  and  shall 
become  operative  with  respect  to  the  regular  municipal  elec- 
tion of  such  city  or  town  next  succeeding  the  vote  on  such 
question;  provided,  that  if  the  terms  of  all  members  of  such 
a  body  in  office  immediately  preceding  such  election  will 
not  so  expire  that  successors  to  all  the  members  will  be 
required  by  law  to  be  elected  at  such  election,  the  opera- 
tion of  such  provisions  shall  be  suspended  and,  as  the  terms 
of  the  members  so  in  office,  other  than  those  having  the 
longest  unexpired  terms,  expire,  their  successors  shall  be 
elected,  by  the  voting  system  then  in  effect,  to  serve  only 
for  terms  of  such  length  that  the  terms  of  all  members  so 
in  office  will  expire  at  the  same  time. 

At  the  regular  municipal  election  inmiediately  preceding 
the  termination  of  the  terms  of  all  members  of  such  a  body, 
the  full  number  of  its  members  as  specified  in  the  question 
shall  be  elected  at  large,  to  serve  for  terms  of  the  same  length 
as  the  longest  term  then  established  for  any  of  its  members, 
by  proportional  representation  and  in  accordance  with  the 
provisions  of  law  governing  elections  to  such  body  which 
are  not  inconsistent  with  this  chapter,  and  thereafter  as  the 
terms  of  the  members  so  elected  expire  their  successors  shall 
be  elected  in  the  same  manner  and,  except  as  otherwise 
provided  by  chapter  fortj'--one  in  the  case  of  a  town,  for 
the  same  terms. 

At  the  regular  municipal  election  immediately  preceding 
the  termination  of  the  term  of  such  an  elective  officer,  his 
successor  shall  be  elected,  for  the  same  term  of  office  as 
then  provided  by  law,  by  preferential  voting  and  in  accord- 
ance with  the  provisions  of  law  governing  elections  to  such 
office  which  are  not  inconsistent  with  this  chapter. 


902  Acts,  1941.  — Chap.  641. 

If,  pending  the  determination  of  the  question  of  the  adop- 
tion of  one  of  the  plans  provided  for  by  chapter  forty-three, 
which  has  already  been  filed,  a  petition  under  this  chapter 
shall  be  presented  for  filing  with  the  city  clerk,  no  action 
shall  be  taken  upon  the  petition  under  this  chapter,  except 
to  file  it,  until  after  the  submission  to  a  vote  of  the  question 
proposed  by  the  earlier  petition.  Should  the  result  of  such 
.  vote  be  adverse  thereto,  proceedings  shall  then  be  had  upon 
the  petition  under  this  chapter  as  though  it  had  been  filed 
on  the  day  when  such  vote  on  the  earlier  petition  was  cast. 
Effective  SECTION  7.     This  act  shall  take  effect  December  thirty- 

first,  nineteen  hundred  and  fortj'-two. 

Approved  October  9,  1941- 


C/iap. 641  An  Act  establishing  the  boundary  line  between  the 

TOWNS    OF    BELLINGHAM   AND    FRANKLIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  hereafter 
constitute  the  boundary  line  between  the  towns  of  Belling- 
ham  and  Franklin :  —  Beginning  at  a  point  on  the  Belling- 
ham-Franklin  town  line  designated  as  Bellingham-Frank- 
lin-seven,  which  point  is  near  the  intersection  of  Lake  street. 
Prospect  street  and  Maple  street,  being  a  rough  granite 
monument  three  and  one  half  feet  high  about  ten  inches 
square  with  a  drill  hole  on  the  top  two  inches  deep  and 
lettered  "B-F";  thence  north  eighty-seven  degrees  eighteen 
minutes  and  twenty  seconds  west  (true  bearing),  a  dis- 
tance of  two  hundred  fifty  feet  to  a  stone  monument; 
thence  north  two  degrees  forty-one  minutes  and  thirty 
seconds  east  (true  bearing),  a  distance  of  three  thousand 
four  hundred  ninety-nine  and  sixty-six  one  hundredths  feet 
to  a  stone  monument;  thence  south  eightj'-tliree  degrees 
twenty-three  minutes  and  twenty  seconds  east  (true  bear- 
ing), a  distance  of  four  hundred  thirty  feet  to  a  stone  monu- 
ment; thence  north  six  degrees  thirty-six  miinites  and 
forty  seconds  east  (true  bearing),  a  distance  of  four  thou- 
sand eighty-nine  and  eighty-five  one  hundredths  feet  to 
the  center  of  the  back  of  a  granite  Massachusetts  highway 
bound,  which  bound  is  on  the  southerly  side  of  West  Cen- 
tral street,  Franklin  or  Mechanic  street,  Bellingham,  being 
on  the  line  between  Bellingham-Franklin-four  and  Bel- 
lingham-Franklin-five,  said  bound  being  six  thousand  eight 
hundred  fifty-two  and  five  tenths  feet,  south  twelve  degrees 
eighteen  minutes  west  (true  bearing),  from  Bellingham- 
Franklin-four. 

Section  1A.  The  inhabitants  of  the  estates  within  the 
territory  in  the  towns  of  Bellingham  and  Franklin,  respec- 
tively, which  is  affected  by  tiiis  act,  and  the  owners  of  such 
estates,  shall  be  holden  to  pay  all  arrears  of  taxes  which 
have  legally  been  assessed  upon  them  prior  to  the  effective 


Acts,  1941.  — Chap.  642.  903 

date  of  this  act,  and  such  taxes  shall  be  collected  by  the 
collector  of  the  town  by  which  said  taxes  were  originally 
assessed. 

Section  IB.  Inhabitants  of  the  territory  set  off  from  the 
town  of  Bellingliani  and  annexed  to  the  town  of  Franklin 
and  of  that  set  off  from  the  town  of  Franklin  and  annexed 
to  the  town  of  Bellingham  by  this  act  shall,  if  qualified  to 
vote  in  such  territory,  continue  to  be  voters  of  the  town  of 
Bellingham  and  the  town  of  Franklin,  respectively,  for  the 
purpose  of  electing  representatives  in  the  general  court, 
until  the  next  apportionment  shall  be  made.  It  shall  be 
the  duty  of  the  board  of  registrars  of  voters  of  each  of  said 
towns  to  make  true  lists  of  the  persons  within  the  territory 
hereby  annexed  thereto,  qualified  to  vote  at  any  such  elec- 
tion, and  to  post  a  list  in  the  said  territory  and  to  correct 
the  same,  as  required  by  law,  and  to  deliver  the  same  to  the 
registrars  of  voters  of  the  town  from  which  said  territory 
was  set  off  at  least  seven  days  before  any  such  election,  and 
the  same  shall  be  taken  and  used  for  any  such  election  in 
the  same  manner  as  if  it  had  been  prepared  by  the  board  of 
registrars  of  such  town. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  county  commissioners  of  the  county  of 
Norfolk,  and  by  vote  of  the  board  of  selectmen  of  each 
of  the  towns  of  Bellingham  and  Franklin,  and  the  filing  of 
certificates  of  such  acceptances  in  the  office  of  the  state 
secretary,  but  not  otherwise.        Approved  October  9,  1941. 


An  Act  requiring  the  giving  of  notice  to  the  com-  (Jhai)  642 

MISSIONER  OF  LABOR  AND  INDUSTRIES  OF  THE  COMMENCE- 
MENT OR  A  CHANGE  OF  LOCATION  OF  OPERATIONS  BY 
INDUSTRIES    IN   THIS    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  himdred  and  forty-nine  of  the  General  Laws  g.  l.  ( Xer. 
is  hereby  amended  by  inserting  after  section  one  hundred  new  '§  i79B, 
and   seventy-nine    A,    as    appearing   in    the    Tercentenary  '"verted. 
Edition,  the  following  new  section:  —  Section  179B.     The  Notice  of 
owner    of    every    factory,    workshop,    manufacturing,    me-  ro^a'tfJn"^ 
chanical,  mercantile  or  other  establishment  or  industry  in  Pennity. 
which  twelve  or  more  persons  are  employed  shall,  upon  the 
commencement,  or  a  change  of  location,  of  its  operations 
within  the  conmion wealth,  give  notice  thereof  to  the  com- 
missioner in  such  form  as  the  commissioner  shall  prescribe. 
Whoever  knowingly  violates  this  section  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  two  months,  or  both. 

Approved  October  9,  1941. 


964 


Acts,  1941.  — Chap.  643. 


C/iajy. 643  A.n  Act  establishing  a  board  of  registration  of  pro- 
fessional ENGINEERS  AND  OF  LAND  SURVEYORS  AND 
REGULATING  THE  PRACTICE  OF  PROFESSIONAL  ENGINEER- 
ING  AND    OF   LAND    SURVEYING. 


G.  L.  (Ter. 
Ed.).  13, 
new  §§  45-47, 
inserted. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirteen  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  forty-four,  in- 
serted by  section  one  of  chapter  four  hundred  and  twentv- 
eight  of  the  acts  of  nineteen  hundred  and  thirty-five,  tne 
following  three  new  sections,  under  the  following  caption :  — 


New  caption. 


Board  of 
registration  of 
professional 
engineers  and 
land  surveyors. 

Appointment 
of  members, 
etc. 


Meetings  of 
board. 

Election  of 
chairman,  etc. 

Quorum. 


Expenses 
incurred  by 
members,  etc. 


BOARD    OF   REGISTRATION    OF    PROFESSIONAL    ENGINEERS   AND 
OF   LAND    SURVEYORS. 

Section  1^5.  There  shall  be  a  board  of  registration  of  pro- 
fessional engineers  and  of  land  surveyors,  in  this  section  and 
in  sections  forty-six  and  forty-seven,  called  the  board,  con- 
sisting of  five  registered  professional  engineers,  citizens  of 
the  United  States  and  residents  of  the  commonwealth,  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of  the 
council,  each  of  whom  shall  have  been  actively  engaged  in 
the  practice  of  engineering  for  at  least  twelve  j^ears  and  shall 
have  been  in  responsible  charge  of  important  engineering 
work  or  in  engineering  teaching,  or  both,  for  at  least  five 
years.  Of  the  members  of  said  board  one  shall  be  a  civil 
engineer,  one  shall  be  a  mechanical  engineer,  one  shall  be  an 
electrical  engineer,  one  shall  be  a  mining  or  metallurgical 
engineer  and  one  shall  be  a  chemical  engineer.  Upon  the 
expiration  of  the  term  of  a  member  of  the  board  his  successor, 
qualified  as  aforesaid  and  representative  of  the  same  branch 
of  engineering,  shall  be  appointed  for  a  term  of  five  j-ears 
by  the  governor,  with  the  advice  and  consent  of  the  council. 
All  members  of  the  board  shall  be  in  active  practice  of  their 
profession  at  the  time  of  their  appointment.  In  the  event  of 
a  vacancy  in  the  board  caused  otherwise  than  by  expiration 
of  the  term  of  office  a  member  qualified  as  above  and  simi- 
larly representative  shall  in  like  manner  be  appointed  for  the 
remainder  of  the  unexpired  term  and  until  the  qualification 
of  his  successor. 

Section  46-  The  members  of  tlie  board  shall  hold  at  least 
two  regular  meetings  each  year,  and  may  hold  such  special 
meetings  at  such  time  and  place  as  the  board  may  provide 
by  by-law  or  rule.  Notice  of  all  such  meetings  shall  be  given 
as  provided  by  such  bj^-laws  or  rules.  At  the  first  regular 
meeting  in  each  year  the  members  of  the  board  shall  choose 
from  their  own  number  a  chairman,  a  vice-chairman  and  a 
secretary.  At  all  meetings  of  the  board  a  quorum  shall  con- 
sist of  three  members. 

Section  1^.7.  The  members  of  the  board  shall  receive  no 
compensation,  but  each  member  shall  receive  from  the  com- 
monwealth  the  expenses   necessarily   incurred   by  him   in 


Acts,  1941.  — Chap.  643.  905 

connection  with  his  official  duties;  provided,  that  such  com- 
pensation and  expenses  shall  not  in  any  year  be  in  excess  of 
the  annual  receipts  for  examinations  and  registration  and 
from  other  sources  paid  to  the  commonwealth  by  the  board 
for  the  purposes  of  sections  eighty-one  A  to  eighty-one  Q, 
inclusive. 

Section  2.     Chapter  one  hundred  and  twelve  of  the  Gen-  g.  l.  (Xer. 
eral   Laws   is   hereby  amended   by  inserting  after  section  ff^slA-siQ?^ 
eighty-one,  as  appearing  in  the  Tercentenary  Edition,  the  '"^^erted. 
following  seventeen  new  sections,  under  the  following  cap- 
tion :  — 


REGISTRATION    OF    PROFESSIONAL    ENGINEERS    AND    OF    LAND 
SURVEYORS. 

Section  81  A.     Tlie  following  words  and  phrases  as  used  in  Definitions. 
sections  eighty-one  A  to  eightj^-one  Q,  inclusive,  hereinafter 
referred  to  as  said  sections,  shall,  unless  the  context  other- 
wise requires,  have  the  following  meanings :  — 

"Board",  the  board  of  registration  of  professional  en- 
gineers and  of  land  surveyors  established  by  section  forty- 
five  of  chapter  thirteen. 

"Land  surveying",  or  "practice  of  land  surveying"  shall 
include  surveying  of  land  for  any  purpose. 

"Professional  engineer",  any  person  who  engages  in  the 
practice  of  professional  engineering;  provided,  that  said 
phrase  shall  not  include  an  architect  or  the  practice  of  archi- 
tecture, or  an  engineer  licensed  under  chapter  one  hundred 
and  forty-six,  nor  shall  registration  as  a  professional  engineer 
quahfy  a  person  to  practice  as  an  engineer  licensed  under 
chapter  one  hundred  and  forty-six. 

"Professional  engineering",  or  "practice  of  professional 
engineering",  performing,  or  holding  one's  self  out  as  being 
able  to  perform,  any  engineering  service  in  connection  with 
the  planning,  design  or  supervision  of  any  structure,  ma- 
chinery, process,  project  or  work  requiring  the  education, 
training  and  experience  required  for  registration  as  a  pro- 
fessional engineer  or  land  surveyor  as  provided  in  section 
eighty-one  G;  provided,  that  said  sections  shall  not  prohibit 
employees  of  engineers  registered  under  said  section  eighty- 
one  G  from  acting  under  the  instruction,  control  or  supervi- 
sion of  their  employers,  nor  shall  said  sections  apply  to  the 
supervision  by  builders,  or  superintendents  employed  by 
such  builders,  of  buildings  or  structures. 

Section  81 B.     The   board   shall   examine   applicants   for  Duties  of 
registration  as  registered  professional  engineers  and  as  regis-  '''"*'■''• 
tered  land  surveyors.    It  shall  make  such  rules  and  regula-  .^guTatlons 
tions  as  are  necessary  or  proper  for  the  proper  conduct  of  its 
duties.    The  board  may  adopt  and  shall  use  an  official  seal. 

Section  81 C.     The  secretary  of  the  board  shall  receive  secretary  to 
and  account  for  all  moneys  received  under  said  sections  and  "one®^ ^**'' 
shall  pa}^  the  same  to  the  state  treasurer.     Said  secretary  ^^^^ 
shall  give  to  the  state  treasurer  a  bond,  in  such  sum  and 


906 


Acts,  1941.  — Chap.  643. 


Clerical 
assistance,  etc. 


Records  of 
board. 

Annual  report 
to  governor. 


Roster  of 
registeretl 
professional 
engineers. 


Qualification 
of  profession:!  1 
engineers. 

Examination, 
experience,  etc. 


with  such  sureties  as  may  from  time  to  time  be  required  by 
the  board  under  authority  of  law,  for  the  faithful  perform- 
ance of  his  duties. 

Section  81 D.  The  board  may  employ  such  clerical  and 
other  assistance  as  may  be  necessary  for  the  proper  per- 
formance of  its  work. 

Section  81 E.  The  board  shall  keep  a  full  record  of  its 
proceedings  and  a  register  of  applications  for  registration, 
which  register  shall  show  (a)  the  name,  age  and  residence 
of  each  applicant;  (6)  the  date  of  the  application;  (c)  the 
place  of  business  of  such  applicant;  (d)  his  educational  and 
other  qualifications;  (e)  whether  or  not  an  examination  was 
required;  (/)  whether  the  applicant  was  rejected;  (^)  whether 
a  certificate  of  registration  was  granted;  (h)  the  date  of  the 
action  of  the  board;  and  (z)  such  other  information  as  may 
be  deemed  necessary  by  the  board.  Such  register  shall  be 
open  to  public  inspection. 

The  records  of  the  board  shall  be  prima  facie  evidence  of 
the  proceedings  of  the  board  set  forth  therein,  and  a  tran- 
script thereof,  duly  certified  by  the  secretary  of  the  board 
under  the  seal  of  the  board,  shall  be  admissible  in  evidence 
with  the  same  force  and  effect  as  if  the  original  were  produced. 

The  board  shall  make  an  annual  report  to  the  governor, 
which  shall  include  an  itemized  statement  of  all  receipts  and 
expenses  of  the  board  for  the  year. 

Section  81 F.  A  roster  showing  the  names  and  places  of 
business  of  all  registered  professional  engineers  and  all  reg- 
istered land  surveyors  shall  be  prepared  by  the  secretary  of 
the  board  during  the  month  of  July  of  each  year,  com- 
mencing in  nineteen  hundred  and  forty-two.  Copies  of 
such  roster  shall  be  mailed  to  each  person  so  registered, 
placed  on  file  with  the  state  secretary  and  furnished  to  the 
public  upon  request. 

Section  81G.  The  following  shall  be  considered  as  mini- 
mum evidence  satisfactory  to  the  board  that  an  applicant  is 
qualified  for  registration  as  a  professional  engineer,  or  as  a 
land  surveyor,  respectively,  to  wit :  — 

(1)  As  a  professional  engineer:  — 

(a)  Graduation  from  a  college  or  university  authorized  by 
the  general  court  to  grant  degrees  of  bachelor  of  science  in 
engineering  or  the  equivalent,  or  graduation  from  an  engi- 
neering curriculum  of  four  years  or  more  accredited  by 
Engineers  Council  for  Professional  Development  in  a  school 
or  college  approved  by  the  board  as  of  satisfactory  standing; 
and  a  specific  record  of  an  additional  four  years  or  more  of 
experience  in  engineering  work  of  a  character  satisfactory  to 
the  board,  and  indicating  that  the  applicant  is  competent  to 
practice  professional  engineering;  or 

(6)  Successfully  passing  a  written,  or  written  and  oral, 
examination  designed  to  show  knowledge  and  skill  approxi- 
mating that  attained  through  graduation  from  an  approved 
four-year  engineering  curriculum;  and  a  specific  record  of 
eight  years  or  more  of  experience  in  engineering  work  of  a 


Acts,  1941.  — Chap.  643.  907 

character  satisfactory  to  the  board  and  indicating  that  the 
applicant  is  competent  to  practice  professional  engineering; 
or 

(c)  A  specific  record  of  twelve  years  or  more  of  lawful 
practice  in  professional  engineering  work  of  a  character  satis- 
factory to  the  board  and  indicating  that  the  applicant  is 
qualified  to  design  or  to  supervise  construction  of  engineer- 
ing works;  provided,  that  the  apphcant  shall  be  not  less 
than  thirty-five  years  of  age. 

In  counting  years  of  experience  under  (1)  (a),  the  board 
may  give  credit,  but  not  in  excess  of  one  year,  for  satisfac- 
tory graduate  study  in  engineering. 

(2)  As  a  land  surveyor: —  Qualification 

(a)  Graduation  from  a  school  or  college  approved  by  the  "!J^^^f  ''"'■" 
board  as  of  satisfactory  standing,  including  the  completion  Examination. 
of  an  approved  course  in  surveying;   and  an  additional  two  experience,  etc 
years  or  more  of  experience  in  land  surveying  work  of  a 
character  satisfactory  to  the  board  and  indicating  that  the 
applicant  is  competent  to  practice  land  surveying;  or 

(b)  Successfully  passing  a  written,  or  written  and  oral, 
examination  in  surveying  prescribed  by  the  board;  and  a 
specific  record  of  six  years  or  more  of  experience  in  land  sur- 
veying work  of  a  character  satisfactory  to  the  board  and 
indicating  that  the  applicant  is  competent  to  practice  land 
surveying;  or 

(c)  A  specific  record  of  ten  years  or  more  of  lawful  prac- 
tice in  land  surveying  work  of  a  character  satisfactory  to 
the  board ;  provided,  that  the  applicant  shall  be  not  less  than 
thirty  years  of  age. 

No  person  shall  be  eligible  for  registration  as  a  profes- 
sional engineer  or  as  a  land  surveyor  who  is  not  of  good 
character  and  reputation.  In  considering  the  quahfications 
of  applicants,  engineering  teaching  of  a  character  satisfac- 
tory to  the  board  may  be  considered  by  the  board  as  engi- 
neering experience. 

The  satisfactory  completion  of  each  year  of  a  curriculum 
in  engineering  in  a  school  or  college  approved  by  the  board  as 
of  satisfactory  standing,  without  graduation,  shall  be  con- 
sidered as  equivalent  to  a  year  of  experience  in  this  section. 
Graduation  in  a  curriculum  other  than  engineering  from  a 
college  or  university  of  recognized  standing  may  be  consid- 
ered as  equivalent  to  two  years  of  experience  in  this  section; 
provided,  that  no  applicant  shall  receive  credit  for  more  than 
four  years  of  experience  because  of  undergraduate  educa- 
tional qualifications. 

The  mere  execution,  as  a  contractor,  of  work  designed  by  a 
professional  engineer,  or  the  supervision  of  the  construction 
of  such  work  as  a  foreman  or  superintendent,  shall  not  be 
deemed  to  be  practice  in  professional  engineering. 

The  fact  that  an  applicant  for  registration  by  the  board 
is  not  at  the  time  of  application  practicing  his  profession 
shall  not  of  itself  make  him  inehgible  for  such  registra- 
tion 


908 


Acts,  1941.  — Chap.  643. 


Applications 
for  registration. 

Fee. 


Examinations, 
when  and 
where  held. 

Scope  of,  etc. 

Re-examina- 
tion. 

Fee. 


Certificates 
of  registration. 

Contents 
of,  etc. 


Section  81 H.  Applications  for  registration  shall  be  on 
forms  prescribed  and  furnished  by  the  board,  shall  contain 
statements  made  under  oath,  showing  the  applicant's  edu- 
cation and  detailed  summary  of  his  technical  work,  and 
shall  contain  not  less  than  five  references,  of  whom  three  or 
more  shall  be  engineers  having  personal  knowledge  of  the 
applicant's  engineering  or  surveying  experience. 

The  registration  fee  for  professional  engineers  shall  be 
twenty-five  dollars,  fifteen  dollars  of  which  shall  accompany 
the  application,  the  remaining  ten  dollars  to  be  paid  upon 
issuance  of  certificate;  provided,  that  when  a  certificate  of 
qualification  issued  by  the  National  Bureau  of  Engineering 
Registration  is  accepted  as  evidence  of  qualification  the  total 
fee  for  registration  as  professional  engineer  shall  be  ten  dol- 
lars. The  registration  fee -for  land  surveyors  shall  be  fifteen 
dollars,  which  shall  accompany  the  application. 

If  in  the  opinion  of  the  board  any  applicant  is  ineligible  to 
receive  a  certificate  of  registration  no  part  of  the  fee  accom- 
panying his  application  shall  be  refunded  to  him. 

Section  811.  When  orah  or  written  examinations  are  re- 
quii'ed  they  shall  be  held  at  such  time  and  place  as  the 
board  shall  determine.  If  examinations  are  required  on 
fundamental  engineering  subjects,  such  as  are  ordinarily 
given  in  college  curricula,  the  applicant  shall  be  permitted 
to  take  this  part  of  the  professional  examination  prior  to  his 
completion  of  the  requisite  years  of  experience  in  engineering 
work,  and  satisfactory  passage  of  this  portion  of  the  profes- 
sional examination  by  the  applicant  shall  constitute  a  credit 
for  a  period  of  ten  years. 

The  scope  of  the  examinations  and  the  methods  of  proce- 
dure shall  be  prescribed  by  the  board  with  special  reference 
to  the  applicant's  ability  to  design  and  supervise  engineer- 
ing works  so  as  to  insure  the  safety  of  life,  health  and  prop- 
erty. Examinations  for  the  purpose  of  determining  the 
qualifications  of  applicants  for  registration  in  professional 
engineering  and  in  land  surveying  shall  be  given  separately. 
A  candidate  failing  on  his  first  examination,  upon  applica- 
tion therefor  not  less  than  six  months  thereafter  shall  be 
entitled  to  be  re-examined  without  payment  of  any  addi- 
tional fee,  but  no  further  or  subsequent  examination  of  the 
same  candidate  shall  be  given  except  upon  payment  of  a 
fee  of  fifteen  dollars.  Upon  request  by  any  apphcant  who 
is  rejected  the  board  shall  furnish  him  with  the  reasons  for 
his  rejection. 

Section  81J.  The  board  shall  issue  a  certificate  of  regis- 
tration, upon  payment  of  the  pertinent  registration  fee,  to 
any  apphcant  who,  in  the  opinion  of  the  board,  has  satisifac- 
torily  met  all  the  requirements  of  said  sections.  In  the  case 
of  a  registered  professional  engineer  the  certificate  shall 
authorize  the  use  of  the  title  of  registered  professional  engi- 
neer, and  in  the  case  of  a  registered  land  survej^or  the  certifi- 
cate shall  authorize  the  use  of  the  title  of  registered  land 
surveyor.    Certificates  of  registration  shall  set  forth  the  full 


Acts,  1941.— Chap.  643.  909 

name  of  the  registrant,  shall  bear  a  serial  number  and  shall 
be  signed  by  the  chairman  and  the  secretary  of  the  board 
and  be  under  the  seal  of  the  board. 

The  issuance  of  a  certificate  of  registration  by  the  board 
shall  be  prima  facie  evidence  that  the  person  named  therein 
is  entitled'  to  all  the  rights  and  privileges  of  a  registered  pro- 
fessional engineer  or  of  a  registered  land  surveyor,  as  the 
case  may  be,  while  such  certificate  remains  unrevoked  or 
unexpired. 

Each  person  registered  under  said  sections  may  upon 
registration  obtain  a  seal  of  a  design  authorized  by  the 
board,  bearing  the  registrant's  name  and  the  words  "Regis- 
tered Professional  Engineer"  or  "Registered  Land  Sur- 
veyor", as  the  case  may  be.  Plans,  specifications,  plats  and 
reports  approved  by  a  registrant  may  be  stamped  with  said 
seal  when  filed  with  public  authorities,  while  the  registrant's 
certificate  is  in  force,  but  no  person  shall  stamp  or  seal  any 
document  with  said  seal  after  the  certificate  of  the  registrant 
named  thereon  has  expired  or  has  been  revoked,  unless  said 
certificate  shall  have  been  renewed  or  reissued  and  shall  at 
such  time  be  in  full  force. 

Section  81 K.  Certificates  of  registration  shall  expire  on  Expiration  of 
the  last  day  of  the  month  of  June  following  their  issuance  or  rlgbtrati^n!'^ 
renewal,  but  may  be  renewed  as  hereinafter  provided.  The  pg^g 
secretary  of  the  board  shall,  at  least  one  month  in  advance 
of  the  expiry  date  of  such  certificate,  notify  the  registrant  of 
such  expiry  date  and  of  the  fee  required  for  the  renewal  of 
the  certificate  for  the  succeeding  year,  and  any  such  certifi- 
cate may  be  annually  renewed  on  or  prior  to  June  thirtieth 
upon  pajanent  of  a  fee  of  two  dollars.  If  a  registrant  fails 
to  renew  his  certificate  prior  to  July  fii'st  in  any  year  the 
certificate  msiy  thereafter  be  renewed  for  a  period  ending  on 
the  following  June  thirtieth  upon  payment  of  a  fee  as  herein- 
after provided.  Such  fee  shall  be  two  dollars  plus  twenty 
cents  for  each  month  or  fraction  thereof  following  June 
thirtieth;  provided,  that  the  maximum  fee  shall  not  exceed 
four  dollars. 

Section  81 L.    The  board,  upon  application  therefor  and  ^f*"^*^"?*'"? 

Ai  i       /•         c  e  J  1    11  •  .-r-i      of  engineers 

the  payment  of  a  tee  oi  ten  dollars,  may  issue  a  certificate  from  other 
of  registration  as  a  professional  engineer  to  any  person  who  **''*^^' 
holds  a  certificate  of  qualification  or  registration  issued  to 
him  by  authority  of  the  National  Council  of  State  Boards 
of  Engineering  Examiners,  or  of  the  National  Bureau  of 
Engineering  Registration,  or  of  any  other  state  or  any 
foreign  country;  pro\dded,  that  the  requirements  for  the 
registration  of  professional  engineers  under  which  said  cer- 
tificate of  qualification  or  registration  was  issued  do  not 
conflict  with  said  sections  and  are  of  a  standard  not  lower 
than  that  specified  in  section  eighty-one  G. 

Section  81 M.     The  board  may  revoke  the  certificate  of  ^ertifica'tes°of 
registration  of  any  registrant  who  is  found  guilty  of: —  registration, 

(a)  The  practice  of  any  fraud  or  deceit  in  obtaining  a  ^°"°^^  *^'"- 
certificate  of  registration;   or 


910 


Acts,  1941.  — Chap.  643. 


Charges, 
hearing,  etc. 


Duplicate 
certificates  of 
registration. 

Fee. 


Use  of  word 
"registered" 
prohibited, 
when. 


Jurisdiction 
of  superior 
court. 


(b)  Any  gross  negligence,  incompetency  or  misconduct  in 
the  practice  of  professional  engineering  or  land  surveying 
as  a  registered  professional  engineer  or  as  a  registered  land 
surveyor. 

Any  person  may  prefer  charges  of  fraud,  deceit,  gross 
negligence,  incompetency  or  misconduct  against  any  regis- 
trant. Such  charges  shall  be  in  writing,  shaU  be  sworn  to  by 
the  person  making  them  and  shall  be  filed  with  the  secretary 
of  the  board. 

All  charges,  unless  dismissed  by  the  board  as  unfounded 
or  trivial,  shall  be  heard  by  the  board  within  three  months 
after  the  date  on  which  they  shall  have  been  preferred.  The 
time  and  place  for  said  hearing  shall  be  fixed  by  the  board, 
and  a  copy  of  the  charges,  together  with  a  notice  of  the 
time  and  place  of  hearing,  shall  be  personally  served  on,  or 
mailed  to  the  last  known  address  of,  such  registrant  at 
least  thirty  days  before  the  date  fixed  for  the  hearing.  At 
any  hearing  the  accused  registrant  shall  have  the  right  to 
appear  personally  and  by  counsel,  to  cross-examine  wit- 
nesses appearing  against  him,  and  to  produce  evidence  and 
witnesses  in  his  own  defence.  If,  after  such  hearing,  three 
or  more  members  of  the  board  vote  in  favor  of  finding 
the  accused  guilty,  the  board  shall  revoke  the  certificate 
of  registration  of  such  registered  professional  engineer  or 
registered  land  surveyor. 

Section  81 N.  The  board,  for  any  reason  which  it  may 
deem  sufficient,  may  reissue  a  certificate  of  registration  to 
any  person  whose  certificate  has  been  revoked,  if  three  or 
more  members  of  the  board  vote  in  favor  of  such  reissuance. 
A  new  certificate  of  registration,  to  replace  any  certificate 
revoked,  lost,  destroyed  or  mutilated,  may  be  issued,  sub- 
ject to  the  rules  of  the  board,  and  a  charge  of  three  dollars 
shall  be  made  for  such  issuance. 

Section  810.  Nothing  in  said  sections  shall  be  construed 
as  requiring  the  registration  or  the  licensing  of  any  person 
as  a  prerequisite  to  the  practice  of  professional  engineering 
or  land  surveying,  or  as  restricting  the  use  by  any  person 
of  any  or  all  of  the  terms  "engineer",  "professional  en- 
gineer", "civil  engineer",  "mechanical  engineer",  "elec- 
trical engineer",  "chemical  engineer",  "industrial  engineer", 
"mining  engineer",  "surveyor",  "land  surveyor",  and 
similar  titles;  but  no  person  shall  represent  himself  as,  or 
use  the  title  of,  "registered  professional  engineer"  or  "regis- 
tered land  surveyor"  or  use  the  word  "registered"  in  com- 
/bination  with  any  engineering  or  surveying  title  unless  he 
is  registered  as  such  in  accordance  with  the  pertinent  pro- 
visions of  said  sections  and  his  registration  is  in  full  force 
and  effect. 

Section  81  P.  Any  person  aggrieved  by  any  action  of  the 
board  refusing  to  grant,  or  suspending  or  revoking,  a  certifi- 
cate of  registration  or  a  permit  for  any  cause,  ma}^  within 
fifteen  days  following  notification  by  the  board  of  such  action, 
appeal  to  the  superior  court  of  the  county  wherein  he  resides. 


Acts,  1941.  — Chap.  643.  911 

and,  after  hearing,  said  court  shall  make  such  decree,  sus- 
taining or  reversing  in  whole  or  in  part  the  decree  of 
the  board,  as  it  deems  proper,  and  its  decision  shall  be 
final. 

Section  81Q.  Whoever  holds  himself  out  within  the  com-  impersonation 
monwealth  as  a  registered  professional  engineer  or  as  a  "f  ""es'strants. 
registered  land  surveyor  without  being  registered  as  such  P«'"*'ty' 
under  said  sections,  or  whoever  presents  or  attempts  to  use 
as  his  own  the  certificate  of  registration  or  the  seal,  referred 
to  in  said  sections,  of  any  person  other  than  himself,  or 
whoever  gives  or  offers  to  give  any  false  or  forged  evidence 
to  the  board  or  to  any  member  thereof  for  the  purpose  of 
obtaining  for  any  person  such  a  certificate  of  registration, 
or  whoever  falsely  impersonates  any  registrant  under  said 
sections  or  whoever  attempts  to  use  such  a  certificate  of 
registration  which  has  expired  or  has  been  revoked,  or  who- 
ever violates  any  provision  of  any  of  said  sections,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  jail  or  a 
house  of  correction  for  not  more  than  three  months,  or  by 
both  such  fine  and  imprisonment. 

Section  3.  The  initial  appointments  of  the  members  of  menflfm^''^*' 
the  board  of  registration  of  professional  engineers  and  land  bers  of  board, 
surveyors  provided  for  by  this  act  shall,  within  ninety  days 
after  the  effective  date  hereof,  be  made  by  the  governor, 
with  the  advice  and  consent  of  the  council.  Of  the  mem- 
bers so  initially  appointed  one  shall  be  appointed  to  serve 
for  the  term  of  one  year,  one  for  the  term  of  two  years,  one 
for  the  term  of  three  years,  one  for  the  term  of  four  years, 
and  one  for  the  term  of  five  years,  from  the  date  of  appoint- 
ment, and  until  the  qualification  of  their  respective  succes- 
sors. Each  member  so  appointed  shall  receive  from  the 
board  a  certificate  of  registration  under  this  act.  Within 
thirty  days  after  the  qualification  of  the  members  so  initially 
appointed  the  board  shall  hold  a  meeting  for  organization 
and  other  purposes. 

Section  4.  At  any  time  within  five  years  after  the  date  Registration 
of  the  first  meeting  of  the  board,  upon  due  application  aVnin*'a'tlon'!' 
therefor  and  the  payment,  in  the  case  of  an  engineer,  of  a 
registration  fee  of  fifteen  dollars,  and,  in  the  case  of  a  land 
surveyor,  of  a  registration  fee  of  ten  dollars,  the  board  shall 
issue,  without  oral  or  written  examination,  a  certificate  of 
registration  to  any  professional  engineer  or  land  surveyor 
who  shall  under  oath  submit  evidence  satisfactory  to  the 
board  that  he  is  of  good  character,  has  been  a  resident  of 
the  commonwealth  for  at  least  one  year  continuously  imme- 
diately preceding  the  date  of  his  application,  and  has  per- 
formed work  in  his  profession  of  a  character  satisfactory  to 
the  board.  Engineers  in  state  or  municipal  service  quali- 
fied as  civil,  mechanical,  designing,  electrical,  or  sanitary 
engineers  under  the  civil  service  laws  of  the  commonwealth 
upon  the  effective  date  of  this  act  shall  be  eligible  to  register 
as  a  professional  engineer  under  this  section. 


912  Acts,  1941.  — Chap.  644. 

i^v'^udity  of  Section  5.    If  any  section  or  part  thereof  of  this  act,  or 

act  not  to         the  appUcation  thereof,  shall  be  held  invalid,  unconstitu- 
nialnder'  tional  or  inoperative  as  to  any  particular  person  or  condition, 

the  remainder  thereof,  or  the  application  of  any  such  sec- 
tion or  part  thereof  to  any  other  person  or  condition,  shall 
not  be  affected  thereby.  Approved  October  9,  1941- 


C/iap.644  An   Act  authorizing  the   town   of  southborough   to 

TAKE  WATER  FOR  WATER  SUPPLY  PURPOSES  FROM  THE 
PRESSURE  AQUEDUCT  AND  TUNNEL  OF  THE  METROPOLI- 
TAN   WATER    SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Southborough  is  hereby  author- 
ized to  take  water  for  water  supply  purposes  of  said  town 
and  its  inhabitants  from  the  pressure  aqueduct  and  tunnel 
of  the  metropolitan  water  system  or  from  any  available  pipe 
line  or  other  structure  leading  from  said  pressure  aqueduct, 
at  such  times  as  water  may  be  available  in  said  aqueduct 
and  as  water  is  not  being  taken  by  said  town  from  the  Sud- 
bury reservoir  as  authorized  by  any  provision  of  law,  upon 
such  terms  and  conditions  as  may  be  mutually  agreed  upon 
by  the  metropolitan  district  commission  and  said  town;  pro- 
vided, that  said  town  is  hereby  authorized  to  take  one  hun- 
dred and  fifty  thousand  gallons  of  water  per  day  from  said 
aqueduct  without  charge;  and  provided,  further,  that  no 
entrance  or  connection  fee  shall  be  required  of  said  town  for 
connection  to  said  aqueduct.  Said  town  may  enter  upon  the 
lands  of  the  commonwealth  at  such  place  or  places,  in  such 
manner  and  at  such  times  as  may  be  approved  by  said  com- 
mission, for  the  purpose  of  constructing  and  maintaining 
thereon  pipes  or  pipe  lines  or  other  structures  for  the  pur- 
pose of  convejang  such  water;  provided,  that  for  all  dam- 
ages caused  to  the  commonwealth  by  all  such  work  or  con- 
struction said  town  shall  pay  to  the  commonwealth  such 
compensation  as  may  be  agreed  upon  between  said  town 
and  said  commission.  If  said  town  and  said  commission 
cannot  agree  as  aforesaid,  such  terms  and  conditions,  or 
compensation,  as  the  case  may  be,  shall  be  determined  by 
a  master  to  be  appointed  by  the  supreme  judicial  court  on 
the  petition  of  either  partj'^  interested,  the  report  of  such 
master,  when  accepted  by  said  court,  to  be  final  and  binding 
on  all  parties. 

Section  2.  For  the  purpose  of  carrying  out  this  act,  the 
town  of  Southborough  may  from  time  to  time  borrow  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
twenty-five  thousand  dollars,  and  may  issue  bonds  or  notes 
therefor,  which  shall  bear  on  their  face  the  words.  Town  of 
Southborough  Water  Loan,  Act  of  1941.  Each  authorized 
issue  shall  constitute  a  separate  loan,  and  such  loans  shall 
be  payable  in  not  more  than  thirty  years.  Indebtedness  in- 
curred under  this  act  shall  be  in  excess  of  the  statutory  limit 


Acts,  1941.  — Chap.  645.  913 

but  shall,  except  as  provided  herein,  l^e  subject  to  chapter 
forty-four  of  the  General  Laws. 

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

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

Approved  October  9,  1941. 


An  Act  relative  to  the  qualifications  of  physicians  (Jhnqr)  545 

CERTIFYING  TO  INSANITY  AND  RELATIVE  TO  THE  TEMPO-      ^' 
RARY  CARE  OF  CERTAIN  MENTALLY  DERANGED  PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  twenty-three  of  g.  l.  (Ter 
the  General  Laws  is  hereby  amended  by  striking  out  section  amended.'  ' 
fifty-three,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section  53.  Qualifications 
No  physician  shall  make  a  certificate  of  insanity  under  sec-  certif^^ng^o^ 
tion  fifty-one  unless  he  makes  oath  that  he  is  a  graduate  of  '"^'^"'ty- 
a  legally  chartered  medical  school  or  college,  that  he  has 
been  in  the  actual  practice  of  medicine  for  three  years  since 
his  graduation  and  for  three  years  last  preceding  the  making 
of  said  oath,  and  that  he  is  registered  as  a  phj'sician  in  accord- 
ance with  chapter  one  hundred  and  twelve,  nor  unless  his 
standing,  character  and  professional  knowledge  of  insanity 
are  satisfactory  to  the  judge.  Where,  in  the  opinion  of  the 
judge,  it  is  practicable  within  his  jurisdiction,  at  least  one 
of  the  two  physicians  required  to  make  a  certificate  of  in- 
sanity under  section  fifty-one  shall  be  a  diplomate  in  psychi- 
atry of  the  American  Board  of  Psychiatry  and  Neurology, 
Incorporated.  The  physician  who  makes  such  certificate 
shall  have  examined  the  alleged  insane  person  within  five 
days  of  his  signing  and  making  oath  to  the  certificate,  and 
shall  state  therein  that  in  his  opinion  such  person  is  insane 
and  a  proper  subject  for  treatment  in  a  hospital  for  the 
insane,  and  the  facts  upon  which  his  opinion  is  based.  A 
copy  of  the  certificate,  attested  by  the  judge,  shall  be  deliv- 
ered with  the  insane  person  to  the  superintendent  of  the 
institution  to  which  the  person  shall  have  been  committed, 
to  be  kept  on  file  with  the  order  of  commitment,  and  said 
superintendent  shall  forthwith  transmit  to  the  department 
copies  of  such  certificate,  of  the  statement  required  by  sec- 
tion fifty-four  and  of  the  order  of  commitment.  Any  certifi- 
cate bearing  date  more  than  ten  days  prior  to  the  commit- 
ment of  any  person  alleged  to  be  insane  shall  be  void,  and 
no  certificate  shall  be  valid  or  received  in  evidence  if  signed 
by  a  physician  holding  any  office  or  appointment,  other  than 
that  of  consulting  or  advisor}^  physician,  in  an  institution 
for  the  insane  to  which  such  person  is  committed. 

Section  2.     Said  chapter  one  hundred  and  twenty-three  g.  l.  (Ter. 
is  hereby  further  amended  by  striking  out  section  seventy-  f79;e\^c^; 
nine,  as  most  recently  amended  by  section  one  of  chapter  amended.' 
two  hundred  and  sixteen  of  the  acts  of  nineteen  hundred 


914 


Acts,  1941.  — Chap.  645. 


Temporary 
care  of  insane 
persons  need- 
ing immediate 
care,  etc. 


and  forty-one,  and  inserting  in  place  thereof  the  following 
section :  —  Section  79.  The  superintendent  or  manager  of 
any  institution  for  the  insane  may,  when  requested  by  a 
physician,  sheriff,  deputy  sheriff,  member  of  the  state  po- 
lice, police  officer  of  a  town,  or  by  an  agent  of  the  institutions 
department  of  Boston,  receive  and  care  for  ii;  such  institu- 
tion as  a  patient,  for  a  period  not  exceeding  ten  days,  any 
person  deemed  by  such  superintendent  or  manager  to  be  in 
need  of  immediate  care  and  treatment  because  of  mental 
derangement  other  than  drunkenness.  The  physician  shall 
be  a  graduate  of  a  legally  chartered  medical  school,  shall 
be  registered  in  accordance  with  chapter  one  hundred  and 
twelve,  or  shall  be  a  commissioned  medical  officer  of  the 
United  States  army,  navy  or  public  health  service  acting  in 
the  performance  of  his  official  duties,  and  personally  shall 
have  examined  the  patient  within  twenty-four  hours  of  sign- 
ing the  request.  Such  request  for  admission  of  a  patient 
shall  be  put  in  writing  and  be  filed  at  the  institution  at  the 
time  of  his  reception,  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.  In  instances  where  an  individual, 
deemed  by  the  department  to  be  entitled  to  care  in  this 
commonwealth,  is  being  held  in  a  mental  hospital  or  other 
place  of  detention  for  mental  patients  in  another  state  await- 
ing transfer  to  a  state  hospital  in  this  conunon wealth,  and 
such  transfer  has  been  approved  by  the  department,  the 
commissioner  or  any  other  medical  officer  of  the  department 
may  sign  such  a  request,  without  personal  examination  of 
the  patient,  to  authorize  his  immediate  hospitalization  upon 
arrival  in  this  commonwealth. 

Approved  October  9,  1941. 


Acts,  1941.  — Chap.  646.  915 


An  Act  establishing  the  Massachusetts  board  for  the  Qhn^  aAa 

PROMOTION    OF   OPPORTUNITIES    FOR   YOUNG    PEOPLE.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  department  of  educa- 
tion a  board,  to  be  known  as  the  Massachusetts  Board  for 
the  Promotion  of  Opportunities  for  Young  People,  in  this 
act  called  the  board,  for  the  purpose  of  co-ordinating  the 
activities  of  the  state  government,  industry,  the  schools, 
labor  and  public  and  private  social  agencies,  in  so  far  as 
they  relate  to  educational  and  employment  problems  of  the 
youth  of  the  commonwealth. 

The  board  shall  consist  of  the  commissioner  of  education, 
who  shall  be  chairman,  the  commissioner  of  labor  and  indus- 
tries, the  commissioner  of  correction,  the  commissioner  of 
public  welfare,  and  five  citizens  of  the  commonwealth  to  be 
appointed  by  the  governor.  Of  the  members  so  appointed, 
one  shall,  on  account  of  previous  vocation,  employment, 
occupation  or  affiliation,  be  classed  as  an  employee,  and  one 
shall  be  classed  as  an  employer,  and  one  shall  have  had 
practical  experience  in  youth  guidance  and  training. 

Of  the  appointive  members  originally  appointed  here- 
under, one  shall  be  appointed  for  a  term  of  one  year,  one 
for  two  years,  one  for  three  years,  one  for  four  years,  and 
one  for  five  years.  Each  appointive  member  of  the  com- 
mission shall  serve  until  the  qualification  of  his  successor, 
who  shall  be  appointed  in  like  manner,  and  subject  to  any 
pertinent  provisions  as  to  qualifications,  for  the  term  of  five 
years,  or  for  such  shorter  period  as  will  make  his  term  co- 
terminous with  the  existence  of  the  board.  Any  vacancy 
shall  be  filled  for  the  remainder  of  the  unexpired  term  in 
the  same  manner  as  the  original  appointment.  The  mem- 
bers of  the  board  shall  serve  without  compensation;  but 
they  shall  be  reimbursed  for  necessary  traveling  and  other 
expenses,  and  disbursements  incurred  or  expended  in  the 
performance  of  their  official  duties. 

Section  2.  The  board  shall  be  provided  with  suitable 
offices  in  the  city  of  Boston  and  elsewhere  within  the  com- 
monwealth in  buildings  occupied  by  the  department  of  edu- 
cation, as  the  board  may  determine,  and  may  expend  for 
office  furniture  and  furnishings,  stationery,  printing,  inciden- 
tal expenses  and  other  expenses  necessary  or  reasonable  in 
connection  with  its  duties,  such  sum  as  may  be  appro- 
priated therefor. 

Section  3.  The  board  shall  co-operate  with  all  federal 
and  state  agencies  having  to  do  with  the  education,  training 
and  guidance  of  youth,  with  all  organizations  of  employers 
and  employees  within  the  commonwealth,  and  with  school 
committees  and  all  public  and  private  agencies  within  the 
commonwealth  engaged  in  assisting  and  counseling  youth, 
all  to  the  end  that  it  may  carry  out  its  purposes. 


916 


Acts,  1941.  — Chaps.  647,  648. 


Section  4.  This  act  shall  become  inoperative,  and  the 
board  shall  cease  to  exist,  on  December  first,  nineteen  hun- 
dred and  forty-seven.  Approved  October  10,  1941. 


Chap.Q47  An  Act  abolishing  the  office  of  cashier  in  the  de- 
partment OF  THE   attorney   GENERAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  cashier  in  the  department  of  the 
attorney  general  is  hereby  abolished. 

Section  2.  Chapter  twelve  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  two,  as  amended  by  section 
one  of  chapter  one  hundred  and  thirty-three  of  the  acts  of 
nineteen  hundred  and  thirty-four,  and  inserting  in  place 
thereof  the  following  section:  —  Section  2.  He  may  appoint 
such  assistants  as  the  duties  of  the  department  require  and 
a  chief  clerk  and,  with  the  approval  of  the  governor  and 
council,  shall  fix  their  compensation.  He  may,  with  the 
approval  of  the  governor  and  council,  employ  additional 
legal  assistance.  Appointments  under  this  section,  other 
than  that  of  chief  clerk,  shall  be  exempt  from  chapter 
thirty-one.  Approved  October  10,  1941. 


G.  L.  (Ter. 
Ed.).  12, 
§  2,  etc., 
amended. 


Assistants,  etc. 
to  attorney 
general. 


C/iap.648  An  Act  relating  to  the  commitment  of  juvenile  delin- 
quents TO  JAIL  AND  the  CARE  OF  CHILDREN  UNDER  SEVEN- 
TEEN  HELD    FOR   EXAMINATION    OR   TRIAL. 


G.  L.  (Ter. 

Ed.),  119, 

§  59,  amended. 


G.  L.  (Ter. 

Ed.),  119, 

§  66,  amended. 


Detention 
of  minors  in 
lockups,  etc., 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-nine  of  chapter  one  hundred 
and  nineteen  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out 
the  second  paragraph. 

Section  2.  Said  chapter  one  hundred  and  nineteen  is 
hereby  further  amended  by  striking  out  section  sixty-six, 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  66.  A  child  under  seventeen,  except  when 
charged  with  an  offense  punishable  by  death  or  life  imprison- 
ment or  with  a  sex  crime,  so  called,  or  except  as  otherwise 
provided  by  section  fifty-nine  or  section  sixty-seven,  shall 
not,  pending  an  examination  or  trial  or  in  default  of  bail, 
be  committed  to  a  lockup,  police  station  or  house  of  deten- 
tion, to  a  jail  or  house  of  correction  or  to  the  state  farm; 
provided,  that  a  boy  between  fourteen  and  seventeen,  ar- 
rested in  the  act  of  violating  a  law  of  the  commonwealth,  or 
on  a  warrant,  may,  in  the  discretion  of  the  arresting  officer, 
be  committed  to  a  lockup,  police  station  or  house  of  deten- 
tion. 

Whenever  a  boy  between  fourteen  and  seventeen  has  been 
committed  to  a  lockup,  police  station  or  house  of  detention 
the  probation  officer  and  at  least  one  of  his  parents  or  his 
guardian,  or,  if  there  is  no  parent  or  guardian,  the  person 
with  whom  such  child  resides,  shall  be  notified  at  once  of 


Acts,  1941.  — Chap.  649.  917 

such  coinniitment.  The  officer  of  the  place  of  custody  where 
such  child  is  confined,  on  the  written  request  of  the  proba- 
tion officer,  shall  release  such  child  to  him  unless  the  officer 
who  made  the  commitment  makes  a  written  request  for  his 
detention.  Such  probation  officer  shall  notify  such  child  of 
the  time  and  place  of  the  hearing  of  his  case. 

Section  3.  Section  sixty-seven  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  nineteen,  as  so  appearing,  is  hereby  amended  by  f  gVI' am^e'nded. 
adding  after  the  word  "jail"  in  the  eleventh  line  the  follow- 
ing new  sentence :  — •  The  department  shall  be  allowed  such 
sums  as  may  be  necessary  to  provide  additional  special 
foster  homes,  special  supervisors  and  transportation  facili- 
ties for  the  care,  maintenance  and  safe  keeping  of  such 
children  fourteen  j^ears  of  age  or  over  who  may  be  com- 
mitted to  the  department  under  this  section;  provided,  that 
no  more  than  five  such  children  shall  be  detained  in  any  such 
foster  home  at  any  one  time,  —  so  that  the  second  paragraph 
will  read  as  follows :  — 

A  child  fourteen  years  of  age  or  over  so  held,  if  unable  to  Coinmitment 
furnish  bail  shall  be  so  committed  to  the  department  with  chiidren^o  the 
its  consent  or  to  a  probation  officer  unless  the  court  on  department. 
immediate  inquiry  shall  be  of  opinion  that,  if  so  committed, 
such  child  will  not  appear  at  such  examination  or  trial,  in 
which  case  said  child  may  be  committed  to  jail.     The  de- 
partment shall  be  allowed  such  sums  as  may  be  necessary 
to  provide  additional  special  foster  homes,  special  super- 
visors and  transportation  facilities   for   the   care,  mainte- 
nance and  safe  keeping  of  such  children  fourteen  years  of 
age  or  over  who  may  be  committed  to  the  department  under 
this  section;   provided,  that  no  more  than  five  such  children 
shall  be  detained  in  any  such  foster  home  at  any  one  time. 

Approved  October  10,  1941  • 


An  Act  to  provide  for  the  employxMent  of  partially  Qfidj)  540 

DISABLED    PUBLIC    EMPLOYEES   AND    THE   TEMPORARY    FILL- 
INC.    OF   THEIR    ORIGINAL    POSITIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  seventy-three,  ^e^^vi^rlA, 
as  amended,  the  following  new  section:  —  Section  73 A.    Any  inserted. 
emplovee  who  bj^  reason  of  partial  disability  is  entitled  to  Employment 

•"  J.-  -jju  j.--j_  -r  based  on 

receive  compensation  as  provided  by  section  SLxty-nme  from  reduced  earn- 

the  commonwealth,  or  from  such  county,  city,  town  or  dis-  '"^  capacity. 

trict,  and  who  in  the  opinion  of  the  head  of  any  department 

or  of  any  appointing  officer,  can  be  suitably  employed  in 

such  department  or  by  such  officer  in  a  position  with  duties 

adapted  to  his  reduced  earning  capacity,  may,  subject  in 

the  case  of  a  state  employee  to  the  approval  of  the  division 

of  personnel  and  standardization,  be  so  employed  at  a  salary 

based  on  his  reduced  earning  capacity  as  determined  by 

the  industrial  accident  board  or  a  member  thereof  after  a 


918  Acts,  1941.  — Chaps.  650,  651. 

hearing;  provided,  that  no  such  employee  shall  be  so  em- 
ployed in  a  position  within  the  classified  civil  service  with- 
out the  approval  of  the  director  of  civil  service.  The  head 
or  appointing  officer  of  the  department  in  which  such  em- 
ployee was  employed  previous  to  the  injury  causing  his  dis- 
abiHty,  may,  subject  to  the  provisions  of  chapter  thirty-one, 
temporarily  employ  a  person  to  fill  any  vacancy  in  the 
original  position  of  such  employee  that  may  be  caused  by 
his  disability,  pending  the  return  of  such  employee  to  full 
time  employment  at  his  regular  duties. 

Approved  October  I4,  19 41. 

Chap.QdO  A.N  Act  providing  for  the  reimbursement  by  the  com- 
monwealth OF  CERTAIN  TOWNS  FOR  LOSS  OF  TAXES  ON 
LAND  AT  THE  BEDFORD  AIRPORT,  SO  CALLED. 

Be  it  enacted,  etc.,  as  folloivs: 

Upon  the  acquisition  by  the  department  of  public  works 
of  land  in  the  towns  of  Bedford,  Concord  and  Lincoln,  or 
either  of  them,  for  the  purposes  of  the  Bedford  airport,  so 
called,  as  provided  by  chapter  two  hundred  and  sixty-eight 
of  the  acts  of  nineteen  hundred  and  forty-one,  sections 
thirteen  to  seventeen,  inclusive,  of  chapter  fifty-eight  of  the 
General  Laws  shall  apply  to  said  land  to  the  same  extent 
as  if  it  were  a  state  military  camp  ground. 

Approved  October  I4,  1941- 

Chap  651   ^^    -^CT   AUTHORIZING    THE    TOWN    OF    BOYLSTON    TO    SUPPLY 
ITSELF   AND    ITS    INHABITANTS    WITH    WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Boylston  may  supply  itself  and 
its  inhabitants  with  water  for  the  extinguishment  of  fires 
and  for  domestic  and  other  purposes,  may  establish  foun- 
tains and  hydrants,  relocate  or  discontinue  the  same,  and 
may  regulate  the  use  of  such  water  and  fix  and  collect  rates 
to  be  paid  for  the  use  of  the  same. 

Section  2.  For  the  purposes  aforesaid,  said  town,  acting 
by  and  through  its  board  of  water  commissioners  herein- 
after provided  for,  may  contract  with  any  other  municipal- 
ity, acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  water  district,  for  whatever  water  may 
be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  lease, 
purchase  or  otherwise,  and  hold,  the  waters,  or  any  portion 
thereof,  of  any  pond,  brook,  spring  or  stream  or  of  any 
ground  water  sources,  by  means  of  driven,  artesian  or  other 
wells  or  filter  galleries,  within  the  limits  of  said  town,  not 
already  appropriated  for  purposes  of  a  public  water  supply, 
and  the  water  rights  connected  with  any  such  water  sources; 
and  in  accordance  with  the  pertinent  provisions  of  chapter 


Acts,  1941.  — Chap.  651.  919 

four  hundred  and  eighty-eight  of  the  acts  of  eighteen  hun- 
dred and  ninety-five  as  amended,  may  take  not  more  than 
one  half  million  gallons  of  water  per  day  from  the  reservoir 
on  the  south  branch  of  the  Nashua  river  known  as  Wachu- 
sett  reservoir,  in  the  vicinity  of  Scar  Hill  road,  or  from  the 
ground  in  the  vicinity  of  said  reservoir,  subject  to  the  ap- 
proval of  the  metropolitan  district  commission;    and  also 
for  said  purposes  may  take  by  eminent  domain  under  said 
chapter  seventy-nine,  or  acquire  by  lease,  purchase  or  other- 
wise, and  hold,  all  lands,  rights  of  way  and  other  easements 
necessary  for  collecting,  storing,  holding,  purifying,  protect- 
ing and  preserving  the  purity  of  the  water  and  for  conveying 
the  same  to  any  part  of  said  town;  provided,  that  no  source 
of  water  supply  and  no  lands  necessary  for  preserving  the 
quality  of  the  water  shall  be  so  taken  or  used  without  first 
obtaining  the  advice  and  approval  of  the  department  of 
public  health,  and  that  the  location  and  arrangement  of  all 
dams,  reservoirs,  wells  or  filter  galleries,  pumping,  purifica- 
tion and  filtration  plants  and  such  other  works  as  may  be 
necessary  in  carrying  out  this  act  shall  be  subject  to  the 
approval  of  said  department;    and  said  town  may  acquire 
by  lease,  purchase,  gift,  bequest  or  otherwise  any  appliances, 
works,  tools,  machinery  and  other  equipment  that  may  be 
necessary  or  expedient  in  carrying  out  this  act.    The  town 
may  construct  and  maintain  on  the  lands  acquired  and  held 
under  this  act  proper  dams,  wells,  springs,  reservoirs,  stand- 
pipes,  tanks,  pumping  plants,  buildings,  fixtures  and  other 
structures,  including  also  the  establishment  and  maintenance 
of  filter  beds  and  purification  works  or  systems,  and  may 
make  excavations,  procure  and  operate  machinery,  and  pro- 
vide such  other  means  and  appliances  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  of  com- 
plete and  effective  water  works;   and  for  that  purpose  may 
construct   pipe   lines,    wells   and   reservoirs,   and   establish 
pumping  works,  and  may  construct,  lay  and  maintain  aque- 
ducts, conduits,  pipes  and  other  works,  over  or  under  any 
lands,  water  courses,  railroads,  railways  and  public  or  other 
ways,  and  along  such  ways,  in  said  town  in  such  manner  as 
not  unnecessarily  to  obstruct  the  same;  and  for  the  purpose 
of  constructing,  laying,  maintaining,  operating  and  repairing 
such  aqueducts,  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  said  town  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel 
thereon;   provided,  that  the  manner  in  which  all  things  are 
done  upon  any  such  way  shall  be  subject  to  the  direction  of 
the  selectmen  of  said  town.    Said  town  shall  not  enter  upon, 
construct  or  lay  any  conduits,  pipes  or  other  works  within 
the  location  of  any  railroad  corporation  except  at  such  time 
and  in  such  manner  as  it  may  agree  upon  with  such  corpora- 
tion, or,  in  case  of  failure  so  to  agree,  as  may  be  approved 
by  the  department^of  public  utilities.    Said  town  may  enter 
upon  any  lands  for  the  purpose  of  making  surveys,  test  pits 


920  Acts,  1941.  — Chap.  651. 

and  borings,  and  may  take  or  otherwise  acquire  the  right  to 
occupy  temporarily  any  lands  necessary  for  the  construc- 
tion of  any  work  or  for  any  other  purpose  authorized  by 
this  act. 

Section  3.  Any  person  or  corporation  injured  in  his  or 
its  property  bj^  any  taking  under  this  act  or  any  other  thing 
done  under  authority  thereof  may  recover  damages  from  the 
town  under  said  chapter  seventj^-nine ;  provided,  that  the 
right  to  damages  for  the  taking  of  any  water,  water  right  or 
water  source,  or  for  any  injury  thereto,  shall  not  vest  until 
water  is  actually  withdrawn  or  diverted  by  said  town  under 
authority  of  this  act. 

Section  4.  The  land,  water  rights  and  other  property 
taken  or  acquired  under  this  act,  and  all  works,  buildings 
and  other  structures  erected  or  constructed  thereunder,  shall 
be  managed,  improved  and  controlled  by  the  board  of  water 
commissioners  hereinafter  provided  for,  in  such  manner  as 
they  shall  deem  for  the  best  interest  of  the  town.  Said 
board  of  water  commissioners  may  establish  rules  and  regu- 
lations for  the  management  of  its  water  works,  not  incon- 
sistent with  this  act  or  with  any  other  provision  of  law. 

Section  5.  Said  town,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  or  to  be  incurred 
under  this  act,  other  than  expenses  of  maintenance  and 
operation,  may  borrow  from  time  to  time  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,  Town  of  Boylston 
Water  Loan,  Act  of  1941.  Each  authorized  issue  shall  con- 
stitute a  separate  loan,  and  such  loans  shall  be  payable  in 
not  more  than  thirty-  years  from  their  dates.  Indebtedness 
incurred  under  this  act  shall  be  subject  to  chapter  forty- 
four  of  the  General  Laws. 

Section  6.  Said  town  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  five;  and,  when  a  vote  to  that  effect 
has  been  passed,  a  sum  which,  with  the  income  derived  from 
water  rates,  will  be  sufficient  to  pay  the  annual  expense  of 
operating  its  water  works  or  the  purchasing  of  water  and 
the  maintenance  of  its  water  lines,  as  the  case  may  be,  and 
the  interest  as  it  accrues  on  the  bonds  or  notes  issued  as 
aforesaid,  and  to  make  such  payments  on  the  principal  as 
may  be  required  under  this  act,  shall  without  further  vote 
be  assessed  by  the  assessors  of  said  town  annually  thereafter 
in  the  same  manner  as  other  taxes,  until  the  debt  incurred 
by  the  said  loan  or  loans  is  extinguished. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  well,  stand- 
pipe,  aqueduct,  pipe  or  other  property  owned,  held  or  used 
by  said  town  under  the  authority  and  for  any  of  the  pur- 
poses of  this  act,  shall  forfeit  and  pay  to  said  town  three 
times  the  amount  of  damages  assessed  therefor,  to  be  I'ecov- 


Acts,  1941.— Chap.  651.  921 

ered  in  an  action  of  tort;  and,  upon  conviction  of  any  of 
the  above  wilful  or  wanton  acts,  shall  be  punished  by  a  fine 
of  not  more  than  three  hundred  dollars  or  by  imprisonment 
for  not  more  than  six  months. 

Section  8.  Said  town,  after  the  acceptance  of  this  act, 
shall  elect  by  ballot,  either  at  the  same  meeting  at  which 
this  act  shall  have  been  accepted,  or  thereafter  at  an  annual 
meeting  or  at  a  special  meeting  called  for  the  purpose,  three 
persons,  inhabitants  of  said  town,  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  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  All  the  authority  granted  to  the  town  by  this  act, 
except  sections  five  and  six,  and  not  otherwise  specially  pro- 
vided for,  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject,  however,  to  such  instructions, 
rules  and  regulations  as  said  town  may  impose  by  its  vote. 
A  majority  of  said  water  commissioners  shall  constitute  a 
quorum  for  the  transaction  of  business.  Any  vacancy 
occurring  in  said  board  from  any  cause  may  be  filled  for  the 
remainder  of  the  unexpired  term  by  said  town  at  any  legal 
town  meeting  called  for  the  purpose.  Any  such  vacancy 
may  be  filled  temporarily  in  the  manner  provided  by  section 
eleven  of  chapter  forty-one  of  the  General  Laws,  and  the 
person  so  appointed  shall  perform  the  duties  of  the  office 
until  the  next  annual  meeting  of  said  town  or  until  another 
person  is  qualified. 

Section  9.  Said  board  of  water  commissioners  shall  fix 
just  and  equitable  prices  and  rates  for  the  use  of  water  and 
shall  prescribe  the  time  and  manner  of  payment.  The  in- 
come of  the  water  works  shall  be  appropriated  to  defray  all 
operating  expenses,  interest  charges  and  payments  on  the 
principal  as  they  shall  accrue  upon  any  bonds  or  notes 
issued  under  authority  of  this  act.  If  there  should  be  a  net 
surplus  remaining  after  providing  for  the  aforesaid  charges, 
it  may  be  appropriated  for  such  new  construction  as  said 
water  connnissioners  may  determine  upon,  and  in  case  a 
surplus  should  remain  after  payment  for  such  new  construc- 
tion the  water  rates  shall  be  reduced  proportionately.  Said 
water  commissioners  shall  annually,  and  as  often  as  the 
town  may  require,  render  a  report  upon  the  condition  of 
the  works  under  their  charge,  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majorit}^  of  the  voters  of  the  town  of  Boylston 
present  and  voting  thereon  at  a  town  meeting  called  for  the 
purpose  within  four  years  after  its  passage,  but  not  other- 
wise. Approved  October  15,  1941- 


922 


Acts,  1941.— Chap.  652. 


Chap.652  An  Act  with  respect  to  the  classip^ication  and  taxa- 
tion  OF   FOREST   LANDS  AND   FOREST   PRODUCTS. 

^rTanfbiT^  IFAereos,    The  deferment  of  the  operation  of  this  act  for 

ninety  days  after  its  passage  would  postpone  its  operation 
until  after  January  first,  nineteen  hundred  and  forty-two, 
and  thereby  would  give  rise  to  doubt  and  confusion  as  to 
the  method  of  taxation  of  land  which  on  said  January  first 
was  subject  to  taxation  under  chapter  fifty-nine  of  the  Gen- 
eral Laws  and  thereafter  became  subject  to  taxation  under 
this  act,  and  would  either  cause  inconvenience  in  the  classi- 
fication of  such  land  under  this  act  or  defer  such  classifica- 
tion for  an  inconveniently  long  period,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

G-L.  (Ter.  SECTION  1.     The  General  Laws  are  hereby  amended  by 

stricken 'out       Striking  out  chapter  sixty-one,  as  amended,  and  inserting 
tCT*6"!'insen^.  ^^^  placc  thereof  the  following  chapter:  — 


Classification 
of  forest  land. 

Hearings,  etc. 


Classification 


Chapter  61. 

and    Taxation    of    Forest 
Forest  Products. 


Lands    and 


Section  1.  All  forest  land,  not  used  for  grazing  and  other 
purposes  incompatible  with  forest  production,  having  a 
value  not  in  excess  of  twenty-five  dollars  per  acre  for  land 
and  growth  thereon,  shall  be  tentatively  listed  by  the 
assessors  as  classified  forest  land;  provided,  that  the  owner, 
by  written  notification  filed  with  the  assessors  within  thirty 
days  after  he  has  been  notified  that  the  land  has  been  listed 
as  classified  forest  land  as  hereinafter  provided,  may  elect 
not  to  have  his  land  so  classified,  and  in  such  event  such 
land  shall  continue  to  be  assessed  under  chapter  fifty-nine 
and  not  under  this  chapter;  but  such  election  shall  not 
prevent  the  listing  of  the  land  as  classified  forest  land  in  a 
subsequent  year,  subject  to  similar  right  of  election.  If 
after  such  listing  and  notification  by  the  assessors  the  owner 
does  not  exercise  his  right  of  election  as  herein  provided,  the 
land  tentatively  listed  as  classified  forest  land  shall  be  deemed 
to  be  classified  forest,  land  as  of  January  first  in  the  year  of 
classification  and  shall  thereafter  continue  as  such  until 
withdrawn  as  provided  in  section  six.  Classified  forest  land 
shall  be  exempt  from  taxation  under  chapter  fifty-nine  but 
shall  be  subject  to  the  taxes  provided  in  section  two  of  this 
chapter.  If  a  single  parcel  or  tract  of  land  consists  in  part 
of  forest  land  and  in  part  of  other  land,  the  portion  consist- 
ing of  forest  land,  if  it  comprises  at  least  three  acres  in  area 
and  conforms  to  the  foregoing  requirements,  shall  be  listed 
as  classified  forest  land,  and  the  remainder  of  the  tract  shall 
be  subject  to  taxation  under  chapter  fifty-nine.     Buildings 


Acts,  1941.  — Chap.  652.  923 

and  other  structures,  and  the  land  on  which  they  are  erected 
and  necessary  for  their  use,  shall  be  excluded  from  the 
classified  forest  land. 

The  assessors,  on  or  before  March  first  of  the  year  when 
land  is  first  listed  as  classified  forest  land,  shall  notify  the 
owner  of  the  land  of  such  listing.  Such  notice  shall  contain 
a  description  of  the  land  classified  sufficient  for  identifica- 
tion. If  the  owner  of  land  is  aggrieved  by  the  failure  of  the 
assessors  in  any  year  to  list  land  as  classified  forest  land  pur- 
suant to  this  section,  he  may,  on  or  before  March  fifteenth 
of  such  year,  appeal  in  writing  to  the  state  forester,  who 
shall  hear  the  parties,  determine  whether  such  land  should 
be  listed  as  classified  forest  land,  and  notify  the  parties  of 
his  decision  not  later  than  May  first.  Such  decision  shall  be 
final.  If  the  state  forester  determines  that  the  land  should 
be  listed  as  classified  forest  land  it  shall  be  deemed  to  be 
classified  forest  land  as  of  January  first  in  the  year  of  classi- 
fication and  shall  thereafter  continue  as  such  until  with- 
drawn as  provided  in  section  six.  The  assessors  shall  annu- 
ally on  or  before  April  first  give  written  notice  to  each  owner 
of  record  of  classified  forest  land  that  he  is  required  to  make 
return  as  provided  in  section  two. 

Section  2.  The  owner  of  classified  forest  land  shall  pay  a  Taxation 
products  tax  of  such  percentage  of  the  stumpage  value  of  ["oreiTfamil 
all  wood  or  timber  cut  therefrom  as  is  set  forth  in  the  fol- 
lowing schedule;  provided,  that  the  owner  may  annually 
cut,  free  of  tax,  wood  or  timber  from  such  land  for  his  own 
use  or  for  the  use  of  a  tenant  of  said  land,  not  exceeding 
twenty-five  dollars  in  stumpage  value. 

SrhcduJe  —  Wood  and  Tii)tbcr  (Ud  front  Land  Classified. 

Per  Cent.-* 

Less  than  three  years         .          .          .          .          .          .          .  ■        .  1 

Three  and  less  than  six  years     .......  2 

Six  and  less  than  nine  years       .......  3 

Nine  and  less  than  twelve  years          ......  4 

Twelve  and  less  than  fifteen  years      ......  5 

Fifteen  years  or  more        ........  6 


The  owner  shall  annually  before  May  first  make  a  return  Annual  reports 
under  penalties  of  perjury  in  such  form  as  shall  be  approved  cu*,"?tc^'^ 
by  the  commissioner  setting  forth  the  amount  of  wood  and 
timber  cut  from  classified  forest  land  during  the  preceding 
year  and  such  other  information  as  may  be  required  for 
assessment  of  the'  foregoing  tax.  On  the  basis  of  such  re- 
turn or  any  other  available  information  the  assessors  shall 
assess  such  tax.  The  owner  shall  also  pay  annually  a  land 
tax  upon  an  adjusted  valuation  as  hereinafter  provided  at 
the  rate  determined  for  the  taxation  of  property  under  chap- 
ter fifty-nine.  The  adjusted  valuation  of  classified  forest 
land  shall  be  the  percentage  of  the  full  value  of  the  land, 
including  the  growth  thereon  as  of  January  first  of  each 
year,  set  forth  in  the  following  schedule;  provided,  that  in 
no  year  shall  such  adjusted  valuation  be  less  than  the  lesser 


924 


Acts,  1941.  — Chap.  652. 


of  (a)  or  (6)  of  this  section;  and  provided,  further,  that  in 
the  ninth  year  following  the  year  of  classification,  and  there- 
after, the  adjusted  valuation  shall  be  the  lesser  of  said  (a) 
or  (b) : 

(a)  Five  dollars  per  acre. 

(b)  The  full  value  of  the  land  including  the  growth  thereon. 


Determination 
of  tax  after 
failure  to  file 
report. 


In  the 
In  the 
In  the 
In  the 
In  the 
In  the 
In  the 
In  the 
In  the 


•  of  classification 


Schedule. 


year  of  classification 
first  year  following  such  year   . 
second  year  following  such  j^ear 
third  year  following  such  year 
fourth  year  following  such  year 
fifth  year  following  such  year  . 
sixth  year  following  such  year 
seventh  year  following  such  year 
eighth  year  following  such  year 


Per  Cent. 

.   90 

80 

70 

60 

50 

40 

. 

30 

20 

10 

The  assessors  shall  assess  the  land  tax  herein  imposed.  Both 
the  products  tax  and  the  land  tax  shall  be  committed  to  the 
collector  for  collection  in  the  same  manner  as  taxes  assessed 
under  chapter  fifty-nine.  The  collector  shall  notify  the  per- 
son assessed  of  the  amount  of  the  tax  in  the  manner  pro- 
vided in  section  three  of  chapter  sixty  for  notification  of 
local  taxes,  and  in  the  collection  of  taxes  under  this  chapter 
the  collector  shall  have  all  the  remedies  provided  by  chapter 
sixty  for  the  collection  of  taxes  upon  real  estate.  Taxes  so 
assessed  shall  be  due  and  payable  October  first  of  the  year 
in  which  the  return  is  required  to  be  made  and,  if  not  paid 
on  or  before  November  first  of  the  year  of  assessment,  shall 
bear  interest  at  the  rate  of  four  per  cent  per  annum  from 
the  due  date  to  the  date  of  payment.  Any  person  aggrieved 
*by  the  assessment  of  a  tax  under  this  section  may  within 
sixty  days  of  the  date  of  notice  of  the  tax  apply  in  writing 
to  the  assessors,  upon  a  form  approved  by  the  commissioner, 
for  abatement  thereof,  and  if  the  assessors,  after  hearing  or 
otherwise,  find  that  the  tax  is  excessive  in  amount  or  that 
the  person  assessed  is  not  subject  thereto,  they  shall  abate 
it  in  whole  or  in  part  accordingly.  If  the  tax  has  been  paid, 
the  town  treasurer  shall  repay  to  the  person  assessed  the 
amount  of  such  abatement,  with  interest  thereon  at  the 
rate  of  four  per  cent  per  annum  from  the  time  when  it  was 
paid.  Any  person  aggrieved  by  the  refusal  of  the  assessors 
to  abate  a  tax  in  whole  or  in  part  under  this  section  may 
appeal  to  the  appellate  tax  board  within  thirty  days  after 
the  date  of  notice  of  their  decision.  Any  overpayment  of 
tax  determined  by  decision  of  said  appellate  tax  board  shall 
be  reimbursed  by  the  town  treasurer  with  interest  at  the 
rate  of  four  per  cent  per  annum  from  the  time  of  pay- 
ment. 

Section  8.  If  an  owner  of  classified  forest  land,  having 
failed  to  file  a  return,  or,  having  filed  an  incorrect  or  insuf- 
ficient return,  without  reasonable  excuse  fails  to  file  an 
original  return  or  a  corrected  return,  as  the  case  may  re- 


Acts,  1941.  —  Chap.  652.  925 

quire,  within  twenty  days  after  the  giving  of  notice  to  him 
by  the  assessors  of  his  deUnquency,  the  assessors  shall  de- 
termine the  amount  of  the  products  tax  due  and  assess  and 
commit  the  same  at  any  time  within  two  years  after  the 
date  upon  which  the  original  return  was  due  to  be  made. 
The  owner  may  apply  to  the  assessors  for  abatement  and 
appeal  from  their  decision  as  provided  in  section  two.  A 
tax  so  committed  shall  bear  interest  from  October  first  of 
the  year  in  which  the  original  return  was  due  to  be  filed. 

Section  4.     One  tenth  of  the  tax  collected  by  the  town  one  tenth  of 
under  section  two  shall  be  paid  to  the  state  treasurer.    Clas-  state  treasurer. 
sified  forest  land  shall  not  be  included  in  the  town  valuation 
in  apportioning  the  state  and  county  taxes.    Classified  forest 
land  shall  be  subject  to  special  assessments  and  betterment 
assessments. 

Section  6. .  Any  owner  of  classified  forest  land,  who,  hav-  Penalty  for 
ing  received  the  notice  provided  in  section  one,  shall  fail  to  maurret'urn. 
make  return  as  provided  in  section  two,  shall  be  subject  to 
a  penalty  of  five  dollars  a  day  during  the  period  of  delin- 
quency, but  the  assessors  may  for  cause  abate  such  penalty 
in  whole  or  in  part;  provided,  that  such  penalty  shall  in 
no  case  exceed  the  amount  of  the  products  tax  assessable 
under  section  two.  Penalties  assessed  hereunder  shall  be 
added  to  the  tax,  and  shall  bear  interest  and  be  collectible 
as  a  part  of  the  tax. 

Section  6.    When  in  the  judgment  of  the  assessors  classi-  withdrawal  of 
fied  forest  land  has  become  more  valuable  for  other  uses  dassifiration, 
than  the  production  of  wood  or  timber,  or  when  such  land  «*''• 
shall  be  used  for  purposes  inconsistent  with  forest  produc-     , 
tion,  they  shall  on  or  before  December  first  notify  the  owner 
of  their  intention  to  withdraw  said  land  from  the  operation 
of  this  chapter  on  the  following  January  first  and  shall  give 
the  owner  an  opportunity  to  be  heard  upon  his  written  re- 
quest made  within  ten  days  of  the  date  of  such  notice. 
After  such  hearing  when  requested  or  without  hearing  if  no 
hearing  is  requested,  the  assessors  shall,  if  still  of  the  opinion 
that  such  land  should  be  withdrawn  from  classification,  as- 
sess the  same  as  of  January  first,  under  the  provisions  of 
chapter  fifty-nine  and  shall  also  assess  a  products  tax  under 
this  chapter  upon  the  stumpage  value  of  the  growth  as  of 
January  first  at  the  rate  set  forth  in  the  schedule  in  section 
two,  which  last  mentioned  tax  shall  be  committed  as  therein 
provided  and  in  all  respects  treated  as  a  tax  assessed  under 
said  section  two. 

Section  2.  This  act  shall  take  effect  on  January  first.  Effective 
nineteen  hundred  and  forty-two.  Any  land  classified  under  ^^^' 
chapter  sixty-one  of  the  General  Laws  as  in  effect  immedi- 
ately prior  to  said  date  shall  be  subject  to  the  tax  imposed 
by  said  chapter  sixty-one  as  then  in  effect  with  respect  to 
any  wood  or  timber  cut  from  such  land  prior  to  said  date, 
but  shall  be  free  from  any  other  liabiUty  imposed  by  said 
chapter  sixty-one  as  then  in  effect. 

Approved  October  16,  1941. 


926 


Acts,  1941.  — Chap.  653. 


G.  L.  (Ter. 
Ed.),  25, 
§  12F,  etc., 
ftinended. 


Powers  of 
investigators. 


G.  L.  (Ter. 
Ed.),  159B, 
§  2.  etc., 
amended. 


Definition. 


Chap.66S  An   Act   further   regulating   the   transportation   of 

PROPERTY    BY    MOTOR    VEHICLE    FOR   COMPENSATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twelve  F  of  chapter  twenty-five  of 
the  General  Laws,  as  amended  by  section  nineteen  of  chap- 
ter five  hundred  and  ninety-six  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  is  hereby  further  amended  by  adding 
at  the  end  the  following  new  sentence :  —  Said  investiga- 
tors and  examiners,  with  respect  to  the  enforcement  of  the 
laws  relating  to  commercial  motor  vehicles,  shall  have  and 
exercise  throughout  the  commonwealth  all  the  powers  of 
constables  except  the  service  of  civil  processes,  and  of  police 
officers,  and  they  may  serve  all  processes  issued  by  the 
courts,  or  the  department  or  the  director  under  chapter  one 
hundred  and  fifty-nine  B. 

Section  2.  Section  two  of  chapter  one  hundred  and  fifty- 
nine  B  of  the  General  Laws,  as  appearing  in  section  one  of 
chapter  four  hundred  and  eighty-three  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  is  hereby  amended  by  strik- 
ing out  the  definition  of  "Irregular  route  common  carrier" 
and  inserting  in  place  thereof  the  following  definition:  — ■ 

"Irregular  route  common  carrier",  any  person  who  trans- 
ports by  motor  vehicle  propert}^  or  any  class  or  classes 
of  property,  for  the  general  public,  for  compensation,  over 
irregular  routes,  and  whose  operations  are  conducted  to  or 
from  a  given  point  within  the  commonwealth  and  are  not 
based  upon  a  predetermined  schedule. 

Section  3.  Said  section  two  of  said  chapter  one  hundred 
and  fifty-nine  B,  as  so  amended,  is  hereby  further  amended 
by  striking  out  the  definition  of  "Regular  route  common 
carrier"  and  inserting  in  place  thereof  the  two  following 
definitions:  — 

"Regular  route  common  carrier",  any  person  who  trans- 
ports by  motor  vehicle  property,  or  an}'-  class  or  classes 
of  property,  for  the  general  public,  for  compensation,  over 
regular  routes  between  designated  points  within  the  com- 
monwealth. 

"Regular  routes",  routes  over  which  any  person  is  usually 
or  ordinarily  operating  anj^  motor  vehicle  subject  to  this 
chapter. 

Section  4.  Section  twelve  of  said  chapter  one  hundred 
and  fifty-nine  B,  as  so  appearing,  is  hereby  amended  by 
striking  out  the  first  paragraph  and  inserting  in  place  thereof 
the  following  paragraph:  —  Any  certificate,  permit  or  li- 
cense may,  upon  application  of  the  holder  thereof  and  after 
notice  and  hearing  as  provided  by  paragraph  (b)  of  section 
three,  be  amended.  Any  permit,  certificate  or  license,  upon 
written  application  of  the  holder  thereof  to  the  department, 
may,  without  such  notice  and  hearing,  be  revoked  in  whole 
or  in  part. 


G.  L.  (Ter. 
Ed),  159B, 
§  2,  etc., 
further 
amended. 


Definitions. 


G.  L.  (Ter. 
Ed.).  159B, 
§  12,  etc., 
amended. 

Amendment 
of  certificate, 
etc. 


Acts,  1941.  — Chap.  654.  927 

Section  5.    Section  fourteen  of  said  chapter  one  hundred  g;j^-  [J^^ 
and  fifty-nine  B,  as  so  appearing,  is  hereby  amended  by  §  i^- etc.. 
striking  out,  in  the  second,  fifth,  tenth,  eleventh  and  seven-  *'"*" 
teenth  lines,  respectively,  the  word  "inspector"  and  insert- 
ing in  place  thereof,  in  each  instance,  the  words :  —  investi- 
gator and  examiner,  —  so  as  to  read  as  follows :  —  Section  Display  of 
14.    Every  motor  carrier  while  operating  on  any  way  when  fnTto^ca^rgo' 
requested  by  an  investigator  and  examiner  of  the  commer-  Penalty. 
cial  motor  vehicle  division  of  the  department,  who  is  in 
uniform  or  who  displays  the  proper  insignia  of  his  office, 
shall  stop  and  submit  to  said  investigator  and  examiner  all 
transportation  documents,   including  bills   of  lading,   way 
bills  and  other  papers  relating  to  his  cargo  which  are  in  his 
possession  and  shall  submit  the  cargo  and  other  contents,  if 
any,  of  his  motor  vehicle  to  such  reasonable  examination  as 
may  be  necessary  to  inform  the  investigator  and  examiner 
of  the  nature  and  weight  thereof.    No  such  investigator  and 
examiner  shall  make  a  detailed  examination  of  the  cargo  or 
other  contents  of  the  motor  vehicle  at  a  place  where  the 
motor  vehicle  does  not  stop  for  purposes  of  loading  or 
delivery,  and  no  motor  vehicle  shall  be  unduly  delayed  for 
the  purpose  of  weighing  or  be  required  to  turn  back  upon  or 
substantially  to  detour  from  the  route  upon  which  it  was 
travelling  when  stopped  by  the  investigator  and  examiner. 
Any  such  carrier  who,  personally  or  by  his  agent,  violates 
any  provision  of  this  section  shall  be  punished  by  a  fine  of 
not  more  than  twenty-five  dollars. 

Approved  October  16,  1941. 

An    Act    requiring    that    certain    mutual  insurance  QhaV-Q^^ 

COMPANIES  HAVING  A  GUARANTY  CAPITAL  MAKE  A  CERTAIN 
deposit  WITH  THE  STATE  TREASURER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  ninety-three  of  chapter  one  hundred  ^^i'  [^er. 
and  seventy-five  of  the  General  Laws,  as  amended  by  sec-  §'93.' etc.,' 
tion  one  of  chapter  four  hundred  and  eighty-eight  of  the  '^'"e'"*^'^- 
acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  further 
amended  by  striking  out  the  first  paragraph  and  inserting 
in  place  thereof  the  following  paragraph:  —  No  policy  shall  issuance  of. 
be  issued  by  a  mutual  company  formed  to  transact  business  mutual  com- 
under  any  one  or  more  of  the  subdivisions  of  the  sixth  clause  P'^"'«^- 
of  section  forty-seven  until  it  has  secured  applications  for 
insurance  on  risks  in  the  commonwealth,  the  premiums  on 
which  shall  amount  to  not  less  than  one  hundred  thousand 
dollars  and  it  has  satisfied  the  commissioner  that  such  pre- 
miums have  been  actually  paid  to  it  in  full  in  cash,  nor,  if 
it  proposes  to  transact  business  under  subdivision  (6)  of  said 
sixth  clause,  until  it  has  also  established  a  fully  paid-up 
guaranty  capital  of  not  less  than  two  hundred  thousand 
dollars  and  deposited  not  less  than  two  hundred  thousand 
dollars  with  the  state  treasurer,  nor,  if  it  proposes  to  trans- 


928 


Acts,  194L  — Chap.  054. 


G.  L.  (Ter. 
Ed.).  175, 
§  185.  etc., 
amended. 


Certain  de- 
posits to  be 
held  in  trust. 


act  business  under  subdivision  (e)  of  said  clause,  until  it  has 
also  made  arrangements  satisfactory  to  the  commissioner, 
by  reinsurance,  as  provided  in  section  twenty,  to  protect  it 
from  extraordinary  losses  caused  by  any  one  disaster.  Such 
deposit  may  be  made  in  the  securities  and  subject  to  the  limi- 
tations specified  in  sections  sixty-three  and  sixty-six,  or  in 
cash  or  in  such  other  securities  as  the  commissioner  may 
approve.  Such  guaranty  capital  shall  be  subject  to  all  the 
provisions  of  section  seventy-nine  relative  to  the  guaranty 
capital  of  a  domestic  mutual  fire  company,  except  as  here- 
inafter and  in  section  ninety-three  D  provided,  and  except 
that  the  maximum  limitation  of  amount  set  forth  in  section 
seventy-nine  shall  not  apply.  While  a  company  is  trans- 
acting business  under  said  subdivision  (6)  of  said  clause 
sixth,  the  provisions  of  section  seventy-nine  relative  to  the 
retirement  of  the  guaranty  capital  shall  not  apply,  nor  shall 
the  provisions  of  said  section  relative  to  the  reduction  of 
such  capital  authorize  the  reduction  of  its  guaranty  capital 
below  two  hundred  thousand  dollars.  The  guaranty  capi- 
tal shall  be  maintained  as  long  as  the  company  transacts 
business  under  said  subdivision  (6)  of  said  clause  sixth. 

Section  2.  Section  one  hundred  and  eighty-five  of  said 
chapter  one  hundred  and  seventy-five,  as  most  recently 
amended  by  section  three  of  chapter  four  hundred  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  further 
amended  by  striking  out  the  first  and  second  paragraphs  and 
inserting  in  place  thereof  the  two  following  paragraphs :  — 
The  state  treasurer  in  his  official  capacity  shall  take  and 
hold  in  trust  deposits  made  by  airy  domestic  company  for 
the  purpose  of  complying  with  the  laws  of  this  common- 
wealth or  of  any  other  state  or  country  to  enable  such  com- 
pany to  do  business  in  such  state  or  country,  and  also  in 
like  manner  take  and  hold  any  deposit  made  by  a  foreign 
company  under  any  law  of  this  commonwealth;  provided, 
that  bonds  need  not  be  accepted  by  the  treasurer  unless  in 
registered  form  and  of  denominations  satisfactory  to  him. 
The  company  making  such  deposit  shall  be  entitled  to  the 
income  thereof,  and  may  from  time  to  time,  with  the  con- 
sent of  the  treasurer,  when  not  forbidden  by  the  law  under 
which  the  deposit  is  made,  change  in  whole  or  in  part  the 
securities  composing  the  deposit  for  other  approved  securi- 
ties of  equal  par  value. 

The  state  treasurer  may,  upon  written  request  of  any 
domestic  company,  return  to  it  the  whole  or  any  portion  of 
any  deposit  held  by  him  on  behalf  of  such  company,  if  he  is 
satisfied  that  the  deposit  or  the  portion  thereof  requested  to 
be  returned  is  subject  to  no  liability  and  is  no  longer  required 
to  be  held  by  any  provision  of  law  of  this  commonwealth  or 
of  any  such  other  state  or  country  or  for  the  purpose  of  the 
original  deposit.  He  shall  return  to  any  foreign  company 
the  whole  or  any  portion  of  any  deposit  held  by  him  on 
behalf  of  such  company,  upon  the  written  order  of  the 
commissioner.  Approved  October  16,  1941. 


Acts,  1941.  — Chap.  655.  929 


An  Act  providing  for  the  care  and  treatment  of  per-  Chav.Q55 

SONS  ADDICTED  TO  THE  INTEMPERATE  USE  OF  HABIT  FORM- 
ING STIMULANTS  OR  SEDATIVES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  sixty-two  of  chapter  one  hundred  ^\^{J3®''- 
and  twenty-three  of  the  General  Laws,  as  appearing  in  the  §  02,' amended. 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  eleventh  line,  the  words  "or  stimulants"  and  insert- 
ing in  place  thereof  the  words:  —  ,  habit  forming  stimulants 
or  sedatives,  —  so  as  to  read  as  follows :  —  Section  62.    Any  Commitment 
of  the  judges  named  in  section  fifty,  or  a  judge  of  the  mu-  mat'^mcs'  etc., 
nicipal  court  of  the  city  of  Boston,  may  commit  to  the  state  regulated. 
farm,  or  to  any  other  institution  under  the  department  of  Period  of 
correction  that  may  be  designated  by  the  governor,  to  the    ^*®"*'°"- 
McLean  hospital,  or  to  a  private  licensed  institution,  by  an 
order  of  commitment,  directed  to  the  trustees,  superintend- 
ent, or  manager  thereof,  as  the  case  may  be,  made  in  accord- 
ance with  section  fifty-one,  and  accompanied  by  a  certificate, 
in  accordance  with  section  fifty-three,  by  two  physicians 
qualified  as  therein  provided,  any  male  or  female  person, 
who  is  subject  to  dipsomania  or  inebriety  either  in  public 
or  private,  or  who  is  so  addicted  to  the  intemperate  use  of 
narcotics,  habit  forming  stimulants  or  sedatives  as  to  have 
lost   the   power   of  self-control.     The  judge   receiving   the 
application  for  such  commitment  shall  examine  on  oath  the 
applicant  and  all  other  witnesses,  and  shall  reduce  the  appli- 
cation to  writing  and  cause  it  to  be  subscribed  and  sworn 
to  by  the  applicant.     He  shall  cause  a  summons  and  copy 
of  the  application  to  be  served  upon  such  person  in  the  man- 
ner provided  by  section  twenty-five  of  chapter  two  hundred 
and  seventy-six.    Such  person  shall  be  entitled  to  a  hearing 
unless  after  receiving  said  summons  he  shall  in  writing  waive 
a  hearing,  in  which  case  the  judge  may  issue  an  order  for 
his  immediate  commitment  as  aforesaid,  without  a  hearing, 
if  he  is  of  opinion  that  the  person  is  a  proper  subject  for 
custody  and  treatment  in  the  institution  to  which  he  is  com- 
mitted.    The  commitment  may  be  made  forthwith,  if  the 
examining  physicians  certify  the  case  to  be  one  of  emer- 
gency.    A  person  committed  as  aforesaid  may  be  detained 
for  two  years  after  the  date  of  his  commitment,  and  no 
longer. 

Section  2.     Section  one  hundred  and  seventeen  of  said  g^^-  (Jer. 
chapter  one  hundred  and  twenty-three,  as  so  appearing,  is  §117,  amended, 
hereby  amended  by  striking  out,  in  the  tenth  and  eleventh 
lines,  the  words  "stimulants  or  narcotics"  and  inserting  in 
place  thereof  the  words :  —  narcotics  or  habit  forming  stimu- 
lants or  sedatives,  —  so  as  to  read  as  follows:  —  Section  117.  f^^'^Hi^^^^^ 
At  the  Massachusetts  reformatory,  the  state  farm  or  such  delinquents 
other  place  or  places  as  may  hereafter  be  approved  by  the  addicte.^"^"* 
governor  and  council,  there  may  be  maintained  departments 
to  be  termed  departments  for  defective  delinquents,  for  the 


930 


Acts,  1941.  — Chap.  656. 


custody  of  persons  committed  thereto  under  sections  one 
hundred  and  thirteen  to  one  hundred  and  sixteen,  inclusive. 
At  any  state  institution  under  the  supervision  of  the  depart- 
ment of  correction,  there  may  be  estabUshed  and  main- 
tained, with  the  approval  of  the  governor  and  council,  de- 
partments to  be  termed  departments  for  drug  addicts,  for 
the  care  and  treatment  of  persons  addicted  to  the  intem- 
perate use  of  narcotics  or  habit  forming  stimulants  or  seda- 
tives and  committed  thereto  under  said  sections.  All  men 
and  boys  so  committed  shall  be  committed  to  departments 
for  male  defective  delinquents  or  for  male  drug  addicts,  as 
the  case  may  be.  All  women  and  girls  so  committed  shall 
be  committed  to  departments  for  female  defective  delin- 
quents or  for  female  drug  addicts,  as  the  case  may  be.  All 
such  persons  committed  to  departments  for  defective  de- 
linquents or  for  drug  addicts  at  any  institution  under  con- 
trol of  the  department  of  correction  shall  be  and  remain 
in  the  custody  of  the  said  department  until  discharged  as 
hereinafter  provided.        ,  Approved  October  16,  1941. 


G.  L.  (Ter. 
Ed.),  58, 
§  20,  etc., 
amended. 


Chap.Q5Q  An  Act  making  certain  changes  in  existing  laws  in 

CONNECTION   WITH   THE   PROPOSED   CHANGE   IN   THE   FISCAL 
YEAR    OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty  of  chapter  fifty-eight  of  the 
General  Laws,  as  most  recently  amended  by  section  one  of 
chapter  one  hundred  and  eight  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven,  is  hereby  further  amended  by  strik- 
ing out,  in  the  second  line,  the  words  "state  fiscal  year" 
and  inserting  in  place  thereof  the  words :  —  period  of  twelve 
months  beginning  December  first  of  an}'-  year  and  ending 
November  thirtieth  of  the  next  succeeding  year,  —  and  by 
striking  out,  in  the  eighth  line,  the  word  "year"  and  insert- 
ing in  place  thereof  the  word :  —  period,  —  so  that  the  in- 
troductory paragraph  will  read  as  follows :  —  From  the  total 
taxes  paid  in  any  period  of  twelve  months  beginning  De- 
cember first  of  any  year  and  ending  November  thirtieth  of 
the  next  succeeding  year  by  domestic  business  and  domestic 
manufacturing  corporations  and  foreign  manufacturing  and 
other  foreign  corporations  under  sections  thirty  to  fifty-one, 
inclusive,  of  chapter  sixty-three  there  shall  be  deducted  such 
taxes  paid  under  said  sections  as  have  been  refunded  under 
said  chapter  or  section  twenty-seven  of  this  chapter  during 
said  period,  together  with  any  interest  or  costs  paid  such 
corporations  on  account  of  refunds.  The  balance  shall  be 
disposed  of  in  the  following  manner  and  in  the  order  named : 

Section  2.  Chapter  twenty-nine  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  five,  as  amended 
by  section  four  of  chapter  five  hundred  and  two  of  the  acts 
of  nineteen  hundred  and  thirty-nine,  and  inserting  in  place 
thereof  the  following  section: —  Section  5.  (1)  The  comp- 
troller shall  annuall}^,  on  or  before  August  fifteenth,  submit 


Distribution 
of  business 
corporation 
taxes. 


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


Annual  state- 
ments to  be 
filed  with 


Acts,  1941.— Chap.  656.  931 

to  the  budget  commissioner  statements  setting  forth  the  budget  com- 
following  facts  and  figures  for  all  state  purposes,  except  comptroHer 
those  of  the  metropolitan  district  commission :  — 

(a)  The  expenditures  for  the  preceding  fiscal  year,  item- 
ized separately  so  as  to  show  expenditures  made  from  grants 
from  the  United  States,  trust  funds  and  sources  other  than 
state  revenue. 

(b)  The  appropriations  for  the  preceding  fiscal  year. 

(c)  The  actual  revenue  for  the  three  preceding  fiscal  years, 
itemized  so  as  to  show  the  sources  from  which  received. 

(d)  The  condition  of  the  cash  on  hand,  itemized  separately 
so  as  to  show  cash  derived  from  special  revenue  not  avail- 
able for  general  state  purposes,  cash  held  to  meet  authoriza- 
tions and  obligations  previously  made  and  incurred,  and 
cash  which  is  unencumbered  and  available  for  appropriation. 

(e)  The  condition  of  the  state  debt. 

(/)  An  itemized  statement  showing  the  disposition  of  any 
funds  appropriated  to  meet  emergency  or  unforeseen  con- 
ditions. 

(2)  The  statement  submitted  in  each  even-numbered  year 
shall  also  set  forth  the  estimates  for  the  next  two  ensuing 
fiscal  years  of  all  expenditures  for  payment  of  claims  and 
all  other  expenditures  authorized  by  law  and  not  required 
to  be  filed  under  section  three. 

(3)  The  comptroller  shall  annually,  on  or  before  Decem- 
ber twenty-sixth,  submit  to  the  budget  commissioner  the 
statements  required  by  paragraphs  (1)  (a)  to  (1)  (e),  inclu- 
sive, of  this  section,  relative  to  the  metropolitan  district 
commission.  Wherever  in  any  of  said  paragraphs  informa- 
tion is  required  for  a  fiscal  year,  it  shall  be  given  for  the  fis- 
cal year  of  said  commission.  The  comptroller  shall  also,  on 
or  before  December  twenty-sixth  of  each  even-numbered 
year,  submit  to  said  commissioner  the  estimates  for  the  cur- 
rent and  next  ensuing  fiscal  years  of  said  commission  of  all 
expenditures  for  payment  of  claims  and  all  other  expendi- 
tures authorized  by  law  and  not  required  to  be  filed  under 
section  three. 

Section  3.     Section  six  of  said  chapter  twenty-nine,  as  a.  l.  (Ter. 
amended,  is  hereby  further  amended  by  striking  out  the  ^%,etc.'. 
sentence  amended  l3y  section  seven  of  chapter  four  hundred  amended. 
and  ninety  of  the  acts  of  the  current  year  and  inserting  in 
place  thereof  the  following  sentence:  —  The  budget  shall  in-  Appropriations, 
elude,  for  each  such  fiscal  year,  a  sum,  equal  at  least  to  the  division  of 
total  amount  received  by  the  division  of  fisheries  and  game  fisheries  and 
of  the  department  of  conservation,  during  the  latest  fiscal 
year  for  which  complete  data  are  available,  from  license  and 
other  fees  and  fines  under  the  laws  relating  to  game  and 
inland  fisheries,  and  also  a  sum  equal  to  one  half  of  the 
amount  necessary  for  payment  for  personal  services  and 
other  expenses  for  or  on  account  of  the  enforcement  of  said 
laws;    and  said  sums  shall  be  appropriated  for  each  such 
fiscal  year  for  the  general  purposes  of  said  division  of  fish- 
eries and  game. 


932 


Acts,  1941.  — Chap.  656. 


G.  L.  (Ter. 
Ed.).  29, 
§  9A,  etc., 
amended. 


Metropolitan 
district  com- 
mission to 
include  in  its 
budget  con- 
tributions by 
commonwealth 
as  pensions, 
etc. 


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

Expenditures 
of  metropoli- 
tan district 
commission,  - 
etc. 


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


Section  4.  Section  nine  A  of  said  chapter  twenty-nine, 
as  amended  by  section  seven  of  said  chapter  five  hundred  and 
two,  is  hereby  further  amended  by  striking  out,  in  the  third 
line,  the  word  "each"  and  inserting  in  place  thereof  the 
word:  —  its,  —  by  striking  out,  in  the  sixth  line,  the  word 
"the"  and  inserting  in  place  thereof  the  word:  —  its,  —  and 
by  striking  out,  in  the  sixteenth  line,  the  word  "each"  and 
inserting  in  place  thereof  the  word :  —  its,  —  so  as  to  read 
as  follows:  —  Section  9A.  The  metropolitan  district  com- 
mission shall  include  in  its  budget  estimates  for  each  of  the 
functions  under  its  control  for  the  first  fiscal  year  of  its  bien- 
nium,  an  item  covering  the  amounts  contributed  by  the 
commonwealth  as  pensions  under  sections  one  to  five  A,  in- 
clusive, of  chapter  thirty-two  during  its  preceding  fiscal  year 
on  account  of  the  death  or  retirement  of  employees,  officers 
and  officials  formerly  employed  in  the  performance  of  such 
function,  including,  in  the  case  of  those  whose  services  can- 
not be  entirely  allocated  to  any  one  function,  those  parts  of 
such  amounts  properly  allocable  to  such  function  and  also 
including  as  employed  in  the  performance  of  its  water  func- 
tion those  employed  by  the  metropolitan  district  water  sup- 
ply commission.  The  metropolitan  district  commission  shall 
include  in  its  estimates  for  the  second  fiscal  year  of  its  bien- 
nium  an  estimate  of  the  amounts  that  will  be  contributed  by 
the  commonwealth  as  aforesaid  in  the  first  fiscal  year  of  such 
biennium.  The  amount  of  such  item,  as  appropriated  by 
the  general  court,  shall  be  assessed  upon  the  proper  district 
as  a  part  of  the  cost  of  maintenance  of  such  function;  pro- 
vided, that,  in  the  case  of  emploj^ees,  officers  and  officials 
formerly  employed  in  the  performance  of  its  boulevard  func- 
tions, only  one  half  the  amounts  contributed  by  the  com- 
monwealth as  pensions  as  aforesaid  shall  be  so  included  and 
assessed.  After  an  appropriation  has  been  made  covering 
each  such  item,  the  amount  thereof  shall  be  approved  for 
payment  by  the  metropolitan  district  commission  as  a  part 
of  the  cost  of  maintenance  of  the  function  for  which  the 
estimates  were  made  and  shall  be  credited  to  the  general 
revenue  of  the  commonwealth. 

Section  5.  Said  chapter  twenty-nine  is  hereby  further 
amended  by  striking  out  section  ten,  as  amended  by  section 
eight  of  said  chapter  five  hundred  and  two,  and  inserting  in 
place  thereof  the  following  section:  —  Section  10.  The  met- 
ropolitan district  commission  may  continue  expenditures  in 
the  first  fiscal  year  of  its  biennium  at  the  rate  authorized 
by  appropriations  for  the  preceding  fiscal  3^ear  thereof,  until 
the  general  court  makes  an  appropriation  therefor  or  pro- 
vides otherwise. 

Section  6.  Section  eleven  of  said  chapter  twenty-nine, 
as  amended  by  section  nine  of  said  chapter  five  hundred  and 
two,  is  hereby  further  amended  by  striking  out,  in  the  fourth, 
fifth  and  sixth  lines,  the  words  "at  the  rate  authorized  by 
appropriations  for  the  first  fiscal  year  of  the  preceding  bien- 
nium", —  so  as  to  read  as  follows:  —  Section  11.    The  state 


Acts,  1941  —Chap.  G56.  933 

ireasurer  shall  make  advances  to  members  of  the  senate  and  ,)''''^Y"J7„'f" 
house  of  representatives  on  account  of  compensation  due  for  genprai  court, 
services  and  travehng  expenses  in  accordance  with  existing 
laws,  until  the  general  court  makes  an  appropriation  therefor 
or  provides  otherwise. 

Section  7.     Section  twenty-five  of  said  chapter  twenty-  S\\'-.G\or, 
nine,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended. 
amended  by  striking  out,  in  the  seventh  line,  the  words 
"December  first  in  each"  and  inserting  in  place  thereof  the 
following:  —  the  close  of  the  fiscal,  —  so  as  to  read  as  fol- 
lows:—  Section  25.    Such  officers  shall,  within  thirty  days  statement 
after  receipt  of  an  advance,  file  with  the  comptroller  a  de-  bemadno**^" 
tailed  statement  of  the  amounts  expended  subsequent  to  comptroller. 
the  previous  accounting,  approved  by  the  officer  or  depart- 
ment authorized  to  supervise  such  expenditure,  with  vouchers 
therefor  if  they  can  be  obtained.    All  advances  so  made  shall 
be  accounted  for  and  vouchers  therefor  filed  with  the  comp- 
troller before  the  close  of  the  fiscal  year. 

Section  8.     Section  twenty-six  of  said  chapter  twenty-  g.  l.  (Ter. 
nine,  as  amended  by  section  twelve  of  said  chapter  five  hun-  f  26*  et^c'., 
dred  and  two,  is  hereby  further  amended  by  striking  out,  in  amended. 
the  eleventh  and  twelfth  lines,  the  words  "on  or  before  De- 
cember fifteenth  in  each"  and  inserting  in  place  thereof  the 
words:  —  within  fifteen    days  following  the  close  of  each 
fiscal  year  ending  in  an,  —  so  as  to  read  as  follows :  —  Sec-  Expenditure 
Hon  26.    Expenses  of  offices  and  departments  for  compensa-  approprfaTions. 
tion  of  officers,  members  and  employees  and  for  other  pur-  Report  of 
poses  shall  not  exceed  the  appropriations  made  therefor  by  ®endTt<Ir^er" 
the  general  court.    No  obligation  incurred  by  any  officer  or 
servant  of  the  commonwealth  for  any  purpose  in  excess  of  the 
appropriation  for  such  purpose  for  the  office,  department 
or  institution  which  he  represents,  shall  impose  any  liability 
upon  the  commonwealth.    If  expenditures  are  made  in  excess 
of  appropriations,  the  officer  having  charge  of  such  expendi- 
tures shall,  within  fifteen  days  following  the  close  of  each 
fiscal  year  ending  in  an  even-numbered  year,  report  to  the 
comptroller  the  details  thereof  with  the  reasons  therefor, 
and  he  shall  make  a  special  report  of  the  same  to  the  general 
court  early  in  its  next  regular  session. 

Section  9.    Section  twenty-seven  of  said  chapter  twenty-  g.  l.  (Ter. 
nine,  as  amended  by  section  thirteen  of  said  chapter  five  §^27,'lt^c.. 
hundred  and  two,  is  hereby  further  amended  by  striking  out  amended. 
all  after  the  word  "court"  in  the  sixth  line,  —  so  as  to  read 
as  follows:  —  Section  27.     Notwithstanding  any  other  pro-  Expenses  and 
vision  of  general  law,  no  officer  or  board  shall  incur  a  new  regulat^. 
or  unusual  expense,  make  a  permanent  contract,  increase  a 
salary  or  employ  a  new  clerk,  assistant  or  other  subordinate, 
unless  a  sufficient  appropriation  to  cover  the  expense  thereof 
has  been  made  by  the  general  court. 

Section  10.    Said  chapter  twenty-nine  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  fifty,  as  amended  by  sec-  fso.'et^c'., 
tion  fifteen  of  said  chapter  five  hundred  and  two,  and  in-  amended'.' 
serting  in  place  thereof  the  following  section:  —  Section  60, 


934 


Acts,  1941.  — Chap.  656. 


Amounts  for 
payments  of 
bonds,  etc.,  ti 
be  included 
in  state  tax. 


G.  L.  fTer. 
Ed.),  30,  §  28, 
amended. 


Books,  etc., 
to  be  kept  by 
fiscal  year. 


G.  L.  (Ter. 
Ed.),  30,  §  47, 
amended. 


Increases  in 
salary  in 
metropolitan 
district  com- 
mission. 


G.  L.  (Ter. 

Ed.),  121, 

§  40,  amended. 


Annual  in- 
ventories of 
stocks  and 
supplies,  etc. 


G.  L.  (Ter. 

Ed.),  123, 

§  15,  amended. 


Annual  reports 
of  receipts  and 
expenditures  of 
state  hospitals, 
etc. 


The  state  treasurer  shall  in  December  preceding  the  regular 
biennial  session  of  the  general  court  certify  to  the  budget 
commissioner  the  amount  necessary  to  be  included  in  the 
state  tax  for  each  year  of  the  biennium  beginning  on  July 
first  following,  to  provide  for  serial  payments  of  any  bonds 
or  scrip  of  the  commonwealth,  and  each  such  amount  shall 
be  included  in  the  state  tax  for  the  year  for  which  it  is  so 
certified. 

Section  1 1 .  Chapter  thirty  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  twenty-eight,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section: —  Section  28.  All  books  and  accounts 
of  all  offices,  departments,  boards,  commissions  and  institu- 
tions of  the  commonwealth  shall  be  kept  by  the  fiscal  year 
established  for  them,  respectively,  by  clause  ninth  of  section 
seven  of  chapter  four. 

Section  12.  Section  forty-seven  of  said  chapter  thirty, 
as  so  appearing,  is  hereby  amended  by  striking  out  the  last 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence: —  No  increase  in  a  salary  of  an  officer  or  employee  of 
the  metropolitan  district  commission  exceeding  or  to  exceed 
one  thousand  dollars,  authorized  under  this  section  between 
December  first  and  May  thirty-first,  both  inclusive,  in  any 
year  shall  take  effect  until  June  first  following  or  such  later 
date  as  may  be  fixed  by  the  commission,  with  the  approval 
of  the  said  division  or  the  governor  and  council. 

Section  13.  Section  forty  of  chapter  one  hundred  and 
twenty-one  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  fourth  line,  the  word  "No- 
vember" and  inserting  in  place  thereof  the  word:  —  June, — 
and  by  striking  out,  in  the  fifth  line,  the  word  "December" 
and  inserting  in  place  thereof  the  word :  —  July,  —  so  as 
to  read  as  follows:  —  Section  J^O.  The  trustees  of  every  in- 
stitution under  the  supervision  of  the  department  shall  an- 
nually cause  an  accurate  inventory  of  the  stock  and  supplies 
on  hand,  and  the  value  and  amount  thereof  at  the  institu- 
tion, to  be  made  on  the  thirtieth  day  of  June,  and  to  be 
sent  to  the  department  on  or  before  the  third  Wednesday  in 
July. 

Section  14.  Section  fifteen  of  chapter  one  hundred  and 
twenty-three  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  third  line,  the  word  "No- 
vember" and  inserting  in  place  thereof  the  word: —  June, 
—  so  as  to  read  as  follows:  —  Section  15.  The  commissioner 
shall  make  an  annual  report  containing  an  accurate  account 
of  the  receipts  and  expenditures  for  each  separate  state  hos- 
pital, an  inventory  of  the  property  thereof  on  June  thirtieth, 
and  a  statement  of  the  market  value  of  any  products  of 
such  state  hospital,  and  of  the  labor,  if  any,  performed  by 
the  inmates  thereof.  It  may  also  contain  information  em- 
bodying the  experience  of  this  and  other  countries  relative 
to  the  best  and  most  successful  methods  of  caring  for  such 
persons  as  come  under  the  supervision  of  the  department. 


Acts,  1941.— Chap.  656.  935 

The  commissioner  shall  also  make  an  annual  report  rela- 
tive to  the  condition  and  needs  of  each  state  hospital. 

Section  15.  Section  ten  of  chapter  one  hundred  and  g.  l.  crer. 
twenty-seven  of  the  General  Laws,  as  amended  by  section  §  ib,  etc.' 
three  of  chapter  twenty-three  of  the  acts  of  nineteen  hun-  amended. 
dred  and  thirty-six,  is  hereby  further  amended  by  striking 
out,  in  the  first  Hne,  the  word  "January"  and  inserting  in 
place  thereof  the  word:  —  August,  —  also  by  striking  out, 
in  the  sixteenth  line,  the  word  "November"  and  inserting 
in  place  thereof  the  word:  —  June,  —  so  as  to  read  as  fol- 
lows: —  Section  10.  Annually,  on  or  before  August  fifteenth,  Peuai  insutu- 
the  warden  of  the  state  prison,  the  superintendents  of  the  make  annual 
Massachusetts  reformatory,  of  the  reformatory  for  women,  reports  as  to 
of  the  state  prison  colony  and  of  the  state  farm,  and  sheriffs, 
county  commissioners  and  the  penal  institutions  commis- 
sioner of  Boston,  shall  make  a  report  to  the  commissioner 
of  the  salaries  of  prison  officers,  of  the  number  and  cost  of 
support  of  prisoners,  and  of  such  other  details  relative  to  the 
management  and  discipline  of  the  several  prisons  as  the 
commissioner  may  prescribe.  The  warden  or  superintendent 
shall  also  include  in  his  report  the  amount  of  liabilities  and 
outstanding  claims  of  said  institutions,  the  names  of  their 
debtors  and  creditors,  the  amounts  due  to  or  from  each  and 
when  they  are  payable,  detailed  accounts  of  expenditures 
for  the  prisons  for  the  year  ending  the  preceding  thirtieth 
day  of  June,  the  cost  of  all  changes  made  in  the  buildings 
thereof,  the  names,  position,  pay  and  allowances  of  every 
officer  or  employee  thereof,  the  average  cost  of  the  support 
of  each  prisoner,  the  number  of  volumes  in  the  library  of  each 
prison,  and  such  other  facts  relative  to  said  prisons  as  the 
commissioner  considers  proper.  An  officer  who  refuses  or 
neglects  to  make  such  report  at  the  time  prescribed  or  who 
withholds  it  after  said  date  shall  forfeit  one  dollar  for  each 
day's  neglect,  which  shall  be  deducted  from  his  salary  or 
compensation  at  the  first  monthly  payment  after  his  de- 
fault has  been  reported  to  the  proper  auditing  or  disbursing 
officer. 

Section  16.     For  the  purpose  of  financing  the  mainte-  Expenditures 
nance  of  departments,  boards,  commissions,  institutions  and  fOTy^period^'' 
activities  of  the  commonwealth  during  the  period  beginning  Regulation 
December  first,  nineteen  hundred  and  forty-two  and  ending  for. 
June  thirtieth,  nineteen  hundred  and  forty-three,  the  same 
being  the  transitory  period  between  the  end  of  the  current 
fiscal  biennium  and  the  beginning  of  the  new  fiscal  bien- 
nium  estabfished  by  section  one  of  chapter  five  hundred  and 
nine  of  the  acts  of  the  current  year,  expenditures  are  hereby 
authorized  based  on  the  appropriations  for  the  fiscal  year 
ending  on  November'  thirtieth,  nineteen  hundred  and  forty- 
two,  or,  in  the  case  of  biennially  recurring  expenditures  re- 
quired by  law  to  be  made  during  said  period,  on  the  ap- 
propriations for  the  fiscal  year  ending  November  thirtieth, 
nineteen  hundred  and  forty-one,  and  are  to  be  made  in 
accordance  with  the  following  provisions :  — 


936  Acts,  1941.— Chap.  657. 

(a)  That  no  officer,  department,  board  or  commission  having 
charge  or  supervision  of  expenditures  on  behalf  of  the  common- 
wealth shall  incur  expenses  during  said  transitory  period  for 
any  purpose  in  excess  of  the  amount  actually  expended  for 
such  purpose  during  the  corresponding  period  of  the  fiscal 
year  ending  November  thirtieth,  nineteen  hundred  and  forty- 
two,  or  November  thirtieth,  nineteen  hundred  and  forty-one, 
as  the  case  may  be,  out  of  the  appropriations  for  said  fiscal 
year,  except  that  during  said  period  the  department  of  pub- 
lic welfare  may  reimburse  cities  and  towns  for  the  payment 
of  suitable  aid  to  dependent  children  to  an  amount  not  ex- 
ceeding the  sum  of  one  million  nine  hundred  thousand  dol- 
lars, in  addition  to  the  amount  of  any  unexpended  balances 
of  appropriations  theretofore  made  for  the  purpose; 

(h)  That  during  said  period  no  department,  board,  com- 
mission or  officer  shall  incur  a  special  or  unusual  expense 
beyond  the  amount  sufficient  for  normal  operation  except 
in  case  of  emergency; 

(c)  That,  with  the  approval  of  the  governor  and  council, 
the  department  of  public  works,  during  said  period,  may 
make  contracts  for  the  construction  and  reconstruction  of 
state  highways  to  such  aggregate  amount  as  may  be  neces- 
sary to  enable  said  department  to  secure  under  the  Hayden- 
Cartwright  act,  so  called,  the  federal  grant  for  the  period 
expiring  June  thirtieth,  nineteen  hundred  and  forty-three, 
but  in  no  event  exceeding  one  million  nine  hundred  and 
forty-six  thousand  three  hundred  and  forty-five  dollars; 

(d)  The  limitations  on  expenditures  set  forth  in  this  sec- 
tion shall  not  prevent  transfers  from  being  made  by  the 
comptroller  in  accordance  with  existing  law; 

(e)  This  section  shall  not  apply  to  the  metropolitan  dis- 
trict commission,  or  to  the  metropolitan  district  water  sup- 
ply commission  established  by  section  one  of  chapter  three 
hundred  and  seventy-five  of  the  acts  of  nineteen  hundred 
and  twenty-six. 

Application  SECTION  17.     Sectious  two  to  fifteen,  inclusive,  of  this 

"'  ^''*"  act  shall  apply  with  respect  to  the  fiscal  biennium  beginning 

on  July  first,  nineteen  hundred  and  forty- three  and  each 

biennium  thereafter,  but  not  with  respect  to  the  current 

biennium.  Approved  October  17,  1941. 

Chap. 657  An  Act  relative  to  the  removal  of  snow  and  ice  from 

PRIVATE   WAYS   OPEN   TO   THE   PUBLIC   USE   IN   THE   CITY   OF 
LEOMINSTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Leominster  may  appropriate 
money  for  the  removal  of  snow  and  ice  from  such  private 
ways  within  its  limits  and  open  to  the  public  use  as  may  be 
designated  by  the  city  council  of  said  city;  provided,  that 
for  the  purposes  of  section  twenty-five  of  chapter  eighty- 
four  of  the  General  Laws,  the  removal  of  snow  or  ice  from 
such  a  way  shall  not  constitute  a  repair  of  a  way. 


Acts,  1941.  — Chaps.  658,  659.  937 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  cit}'  of  Leominster  at  the  city 
election  in  said  city  in  the  current  year  in  the  form  of  the 
following  question  which  shall  be  placed  on  the  official  ballot 
to  be  used  at  said  election: —  "Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  fortj^-one, 
entitled  'An  Act  relative  to  the  removal  of  snow  and  ice 
from  private  ways  open  to  the  public  use  in  the  city  of 
Leominster',  be  accepted?"  If  a  majority  of  the  voters  of 
said  city  vote  in  the  affirmative,  then  this  act  shall  there- 
upon take  full  effect,  but  not  otherwise. 

Approved  October  17,  1941. 


ChapMS 


An  Act  providing  for  one  day  off  in  every  six  days 
for  members  of  the  police  force  of  the  metropoli- 
TAN district  commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  sixty-two  of  chapter  ninety-two  of  g.  l.  (Ter. 
the  General  Laws,  as  amended  by  chapter  three  himdred  §62.' etc., 
and  ninety-six  of  the  acts  of  nineteen  hundred  and  thirty-  '^mended, 
eight,  is  hereby  further  amended  by  striking  out,  in  the 
fourth  fine,  the  word  "seven"  and  inserting  in  place  thereof 
the  word :  —  six,  —  so  as  to  read  as  follows :  —  Section  62.  Days  off  for 
Members  of  the  police  force  of  the  commission  shall  be  ex-  ^°"^^' 
cused  from  duty  without  loss  of  pay  for  a  number  of  days  in 
each  year  equal  to  one  day  in  every  six  days,  such  days  off 
to  be  assigned  by  the  commission  or  by  the  chief  of  said  force 
acting  under  its  direction. 

Section  2.    This  act  shall  not  become  effective  until  the  when  act 
date  upon  which  the  President  of  the  United  States  shall  «^^'^'^'»  ^'ff*'"'- 
have,  by  proclamation  or  otherwise,  declared  the  present 
unlimited  national  emergency  to  be  at  an  end. 

Approved  October  17,  1941. 


ChapMQ 


An  Act  ceding  rights  and  jurisdiction  to  the  united 

states     of     AMERICA     OVER     CERTAIN     LAND     IN     BOSTON 
HARBOR. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  in  part  is  to  further  co-operate  ^^^^"' 
with    the   federal   government   without    delay   in   national 
defense  in  the  present  emergency,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  For  the  purpose  of  enabling  the  United  States 
of  America  to  extend  a  shipbuilding  dock  and  wooden  service 
pier  at  the  Boston  Navy  Yard  in  Boston  harbor,  the  com- 
monwealth, subject  to  the  conditions  hereinafter  imposed, 
hereby  grants  and  cedes  to  the  United  States  of  America 


938  Acts,  1941.  — Chap.  660. 

jurisdiction  over  and  all  right  and  claim  of  tlie  common- 
wealth to  that  portion  of  land  covered  by  navigable  water 
lying  outboard  of  the  exterior  line  described  in  section  one 
of  chapter  four  hundred  and  ninety  of  the  acts  of  nineteen 
hundred  and  thirty-eight  described  as  follows:  beginning  at 
a  point  in  the  line,  defined  in  said  chapter  four  hundred  and 
ninety  as  extending  from  the  intersection  of  the  pierhead  and 
bulkhead  lines  of  eighteen  hundred  and  ninety-eight  and 
nineteen  hundred  and  eighteen,  S  8°  23'  12.6"  E  a  distance 
of  seven  hundred  five  and  two  tenths  feet  to  a  point  in  Mys- 
tic river,  said  point  being  S  8°  23'  12.6"  E  four  hundred 
eighty-one  and  seven  tenths  feet  from  said  intersection, 
thence  S  40°  14'  25"  E  a  distance  of  one  hundred  fourteen 
and  forty-six  hundredths  feet  to  a  point,  thence  S  17°  10' 
29.6"  W  a  distance  of  one  hundred  forty  feet  to  a  point  at 
an  angle  in  the  line  described  in  said  chapter  four  hundred 
and  ninety  thence  N  8°  23'  12.6"  W  a  distance  of  two  hun- 
dred twenty-three  and  fifty-two  hundredths  feet  to  the  point 
of  beginning,  containing  six  thousand  seven  hundred  fifty- 
one  square  feet  more  or  less. 

Section  2.  Jurisdiction  over  said  land  is  hereby  granted 
and  ceded  to  the  United  States  of  America,  but  upon  the 
express  condition  that  the  commonwealth  shall  retain  con- 
current jurisdiction  with  the  United  States  of  America  in  and 
over  the  land  so  acquired,  in  so  far  that  all  civil  processes, 
and  such  criminal  processes  as  may  issue  under  the  authority 
of  the  commonwealth  against  any  person  or  persons  charged 
with  crimes  committed  without  said  land  and  all  processes 
for  the  collection  of  taxes  levied  under  authority  of  the  laws 
of  the  commonwealth,  including  the  service  of  warrants, 
may  be  executed  thereon  in  the  same  manner  as  though  this 
cession  had  not  been  granted;  and  provided,  that  title  to 
and  the  exclusive  jurisdiction  over,  said  land  shall  revert  to 
and  revest  in  the  commonwealth  whenever  said  land  shall 
cease  to  be  used  for  the  purposes  set  forth  in  section  one. 

Section  3.  The  United  States  government  is  hereby 
authorized  to  fill  said  land  and  to  place  such  structures  in 
or  over  said  land  as  may  be  necessary  for  the  purposes  set 
forth  in  section  one  in  accordance  with  plans  to  be  filed  with 
and  approved  by  the  state  department  of  public  works. 

Approved  October  17,  1941- 


Chav.QQO  An  Act  relative  to  the  construction  op  a  bridge  over 

THE   ANNISQUAM    RIVER    IN    THE    CITY    OF    GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  six  hundred  and  thirteen  of  th5  acts  of  the  cur- 
rent year  is  hereby  amended  by  striking  out,  in  the  sixth  and 
seventh  lines,  the  words  "the  entire  cost  of  such  work  shall 
be  met  substantially  out  of  funds  made  available  by  the 
federal  government"  and  inserting  in  place  thereof  the  fol- 
lowing :  —  no  work  shall  be  begun  until  the  federal  govern- 


Acts,  1941.  — Chap.  661.  939 

nient  has  made  available  not  less  than  fifty  per  cent  of  the 
entire  cost  of  the  project  and  the  general  court  has  appro- 
priated a  sufficient  sum  to  pay  the  state's  share  of  the  cost, 
—  so  as  to  read  as  follows :  —  The  department  of  public 
works  is  hereby  authorized  to  construct  over  the  Annisquam 
river  in  the  city  of  Gloucester,  at  such  site  and  of  such  type 
and  dimensions  as  said  department  determines,  a  new  high 
level  bridge,  with  or  without  a  draw,  together  with  the 
necessary  approaches  thereto;  provided  that  no  work  shall 
be  begun  until  the  federal  government  has  made  available 
not  less  than  fifty  per  cent  of  the  entire  cost  of  the  project 
and  the  general  court  has  appropriated  a  sufficient  sum  to 
pay  the  state's  share  of  the  cost. 

Approved  October  17,  1941' 


An  Act  regulating  the  licensing  by  the  department  Chav  661 

OF   PUBLIC    health    OF   HOSPITALS   AND    SANATORIA. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Chapter   one   hundred   and   eleven   of   the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  sections  §|^7i_V3^' 
seventy-one  to  seventy-three,  inclusive,  as  appearing  in  the  stricken  out 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  srctioM'^in-^'^ 
four  following  sections :  —  Section  71 .    The  department  shall  verted, 
issue  for  a  term  of  two  years,  and  may  renew  for  like  terms,  hospTtais^and 
a  license,  subject  to  revocation  by  it  for  cause,  to  any  per-  sanatoria. 
son  whom  it  deems  suitable  and  responsible  to  establish  or  Hearings, 
maintain  a  hospital  or  sanatorium  which  meets  the  require-  ^^^'  *^*^' 
ments  of  the  department  established  in  accordance  with  its  ^*^  "'^'ons- 
rules  and  regulations;    provided,  that  the  local  board  of 
health  shall  first  certify  to  the  department  that,  from  its 
inspection  and  examination  of  said  proposed  hospital  or  sana- 
torium, it  is  suitable  for  the  purpose;  and  provided,  further, 
that  any  person  aggrieved  by  the  refusal  of  the  local  board  of 
health  so  to  certify  may  in  writing  appeal  to  the  depart- 
ment, whereupon  the  commissioner  and  the  council  shall 
hold  a  public  hearing  and  thereafter  may  modify,  affirm  or 
reverse  the  action  of  the  local  board  of  health.    Nothing  in 
this  section  or  in  sections  seventy-two  to  seventy-three, 
inclusive,  shall  be  construed  to  revoke,  supersede  or  other- 
wise affect  any  laws,  ordinances,  by-laws,  rules  or  regula- 
tions relating  to  building,  zoning,  registration  or  mainte- 
nance of  hospitals  or  sanatoria.     Upon  written  request  by 
an  applicant  for  or  holder  of  such  a  license  who  is  aggrieved 
by  the  refusal  to  issue  such  a  license  or  by  the  revocation  of 
such  a  license,  as  the  case  may  be,  the  commissioner  and  the 
council  shall  hold  a  public  hearing  after  due  notice  and 
thereafter  may  modify,  affirm  or  reverse  the  action  of  the 
department.    In  no  case  shall  the  revocation  of  such  a  license 
take  effect  in  less  than  thirty  days  after  written  notification 
by  the  department  to  the  hospital  or  sanatorium  concerned. 
The  fee  for  the  issue  or  renewal  of  each  license  shall  be  ten 


940 


Acts,  1941.  — Chap.  661. 


Department 
to  make  rules 
and  regula- 
tions. 


Advisory  com- 
mittee on 
hospitals  and 
sanatoria. 


Penalty. 


Rights  of 
preeent 
licensees 
protected. 


dollars.  For  the  purposes  of  this  section  and  sections  sev- 
enty-two to  seventy-three,  inclusive,  a  hospital  or  a  sana- 
torium is  defined  as  any  institution,  whether  conducted  for 
charity  or  for  profit,  which  is  advertised,  announced  or 
maintained  for  the  express  or  impUed  purpose  of  caring  for 
persons  admitted  thereto  for  purposes  of  diagnosis  or  medi- 
cal or  surgical  treatment  which  is  rendered  within  said  insti- 
tution, except  an  institution  caring  exclusively  for  cases  of 
mental  diseases  and  Hcensed  by,  or  under  the  general  super- 
vision of,  the  department  of  mental  health. 

Section  72.  The  department  shall  classify,  and  shall  pro- 
mulgate rules  and  regulations  for  the  conduct  of,  hospitals 
and  sanatoria.  Such  rules  and  regulations  shall  include 
minimum  requirements  for  fire  protection,  diagnostic  and 
therapeutic  facilities  for  the  study,  diagnosis  and  treatment 
of  patients,  the  keeping  of  proper  medical  records,  and,  in 
addition,  such  minimum  requirements  for  any  maternity 
hospital  or  ward  as  are  necessary  for  the  identification  and 
protection  of  infants  born  therein.  Both  the  department 
and  the  board  of  health  of  the  city  or  town  wherein  any 
portion  of  such  hospital  or  sanatorium  is  located  may  visit 
and  inspect  such  institution  at  any  time. 

Section  72 A.  The  department  shall  appoint  an  advisory 
committee  on  hospitals  or  sanatoria,  to  consist  of  representa- 
tives of  the  medical  profession,  hospital  administrators  and 
hospital  trustees,  who  shall  serve  at  the  pleasure  of  the  de- 
partment; two  of  such  positions  shall  at  all  times  be  filled 
by  persons  appointed  upon  recommendation  of  the  Massa- 
chusetts Hospital  Association.  Said  committee  shall  advise 
the  department  in  any  matter  pertaining  to  sections  seventy- 
two  to  seventy-three,  inclusive.  Members  of  said  committee 
shall  serve  without  compensation,  but  shall  receive  the  neces- 
sary traveHng  expenses  incurred  by  them  in  the  performance 
of  their  duties.  Said  committee  shall  meet  not  less  than 
twice  a  year,  and  other  meetings  may  be  called  by  the  de- 
partment on  proper  notice. 

Section  73.  Whoever  establishes  or  maintains,  or  is  con- 
cerned in  establishing  or  maintaining,  a  hospital  or  sanato- 
rium, or  is  engaged  in  any  such  business,  without  a  license 
granted  under  section  seventy-one,  or  whoever  being  li- 
censed under  said  section  violates  any  provision  of  sections 
seventy-one  to  seventy-three,  inclusive,  or  any  rule  or  regu- 
lation made  under  section  seventy-two,  shall  for  a  first  of- 
fence be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars,  and  for  a  subsequent  offence  by  a  fine  of  not  more 
than  one  thousand  dollars  or  by  imprisonment  for  not  more 
than  two  years. 

Section  2.  Any  person  who,  upon  the  effective  date  of 
this  act,  is  licensed  by  the  department  of  public  welfare 
under  section  seventy-one  of  chapter  one  hundred  and 
eleven  of  the  General  Laws  to  establish  or  keep  a  maternity 
hospital,  hospital  ward  or  other  place  referred  to  in  said 
section  may,  subject  to  prior  revocation  by  the  department 


Acts,  1941.  — Chap.  662.  941 

of  public  health  for  cause,  continue  to  operate  such  hospital, 
ward  or  place  until  the  expiry  date  of  his  license  or  until 
July  first,  nineteen  hundred  and  forty-two,  whichever  is  the 
shorter  period  of  time.  Approved  October  20,  1941. 


ChapS62 


An  Act  providing  for  the  making  and  keeping  of 
microphotographic  records  and  the  use  in  evidence 
of  photographic  and  microphotographic  records  and 

COPIES, 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.     Chapter  sixty-six  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  three,  as  amended  f  tl^^tT; 
by  chapter  three  hundred  and  five  of  the  acts  of  nineteen  amended, 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following  section: —  Section  3.    The  word  "record"  in  this  "Record" 
chapter  shall  mean  any  written  or  printed  book  or  paper,  <^«fi°ed. 
or  any  photograph,  microphotograph,  map  or  plan.     All  pape^*re^^ 
written  or  printed  pubhc  records  shall  be  entered  or  recorded  quired,  etc. 
on  paper  made  of  linen  rags  and  new  cotton  clippings,  well  Photographic 
sized  with  animal  sizing  and  well  finished,  and  preference  auth^zedr  ^" 
shall  be  given  to  paper  of  American  manufacture  marked  in  ®*''- 
water  fine  with  the  name  of  the  manufacturer.     All  photo- 
graphs, microphotographs,  maps  and  plans  which  are  public 
records  shall  be  made  of  materials  approved  by  the  supervisor 
of  records.     Public  records  may  be  made  by  handwriting,  or 
by  typewriting,  or  in  print,  or  by  the  photographic  process, 
or  by  the  microphotographic  process,  or  by  any  combina- 
tion of  the  same.     When  the  photographic  or  microphoto- 
graphic process  is  used,  the  recording  officer,  in  all  instances 
where  the  photographic  print  or  microphotographic  film  is 
illegible  or  indistinct,  may  make,  in  addition  to  said  photo- 
graphic or  microphotographic  record,  a  typewritten  copy  of 
the  instrument,  which  copy  shall  be  filed  in  a  book  kept  for 
the  purpose.     In  every  such  instance  the  recording  officer 
shall  cause  cross  references  to  be  made  between  said  photo- 
graphic or  microphotographic  record  and  said  typewritten 
record.     If  in  the  judgment  of  the  recording  officer  an  in- 
strument offered  for  record  is  so  illegible  that  a  photographic 
or  microphotographic  record  thereof  would  not  be  sufficiently 
legible,  he  may,  in  addition  to  the  making  of  such  record, 
retain  the  original  in  his  custody,  in  which  case  a  photo- 
graphic or  other  attested  copy  thereof  shall  be  given  to  the 
person  offering  the  same  for  record,  or  to  such  person  as  he 
may  designate. 

Subject  to  the  provisions  of  sections  one  and  nine,  a 
recording  officer  adopting  a  system  which  includes  the  pho- 
tographic process  or  the  microphotographic  process  shall 
thereafter  cause  all  records  made  by  either  of  said  processes 
to  be  inspected  at  least  once  in  every  three  years,  correct 
any  fading  or  otherwise  faulty  records  and  make  report  of 
such  inspection  and  correction  to  the  supervisor  of  records. 


942 


Acts,  1941.  — Chaps.  663,  664. 


G.  L.  (Ter. 
Ed.).  233, 
new  §  79 A, 
inserted. 

Photographic 
copies  as 
evidence. 


Section  2.  Chapter  two  hundred  and  thirty- three  of  the 
Genera]  Laws  is  hereby  amended  by  inserting  after  section 
seventy-nine,  as  amended,  the  following  new  section :  — 
Section  79 A.  Copies  of  public  records,  of  records  described 
in  sections  five,  seven  and  sixteen,  respectively,  of  chapter 
sixty-six,  and  of  records  of  banks,  trust  companies  and 
hospitals,  whether  or  not  such  records  are  made  by  the 
photographic  or  microphotographic  process,  shall,  when  duly 
certified  by  the  person  in  charge  thereof,  be  admitted  in 
evidence  equally  with  the  originals. 

Approved  October  W,  1941. 


ChapSQS  An  Act  further  defining  the  words  "birds"  and  "mam- 
mals" IN  THE  LAWS  RELATING  TO  INLAND  FISHERIES, 
BIRDS   AND    MAMMALS. 


Emergency 
preamble. 


"Birds" 
defined. 


"Mammals" 
defined. 


Effective 
date. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  one  of  its  purposes,  which  is  to  make  the  changes 
made  by  it  in  section  one  of  chapter  one  hundred  and  thirty- 
one  of  the  General  Laws  take  effect  simultaneously  with  the 
revision  of  said  chapter  contained  in  section  two  of  chapter 
five  hundred  and  ninety-nine  of  the  acts  of  the  current  year, 
therefore  it  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  one  of  chapter  one  hundred  and 
thirty-one  of  the  General  Laws,  as  appearing  in  section  two 
of  chapter  five  hundred  and  ninety-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one,  is  hereby  amended  by  striking 
out  the  definition  of  "Birds"  and  inserting  in  place  thereof 
the  following  definition:  —  "Birds",  wild  or  undomesticated 
birds. 

Section  2.  Said  section  one,  as  so  appearing,  is  hereby 
further  amended  by  striking  out  the  definition  of  "Mam- 
mals" and  inserting  in  place  thereof  the  following  defini- 
tion:—  "Mammals",  wild  or  undomesticated  mammals. 

Section  3.  This  act  shall  become  effective  on  January 
first,  nineteen  hundred  and  forty-two. 

Approved  October  21,  19^1. 


Chav.QQ4:  An  Act  limiting  the  number  of  special  justices  of 

certain  district  courts. 


G.  L.  (Ter. 
Ed.).  218, 
§  6,  amended. 


Special 
justices. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  two  hundred  and 
eighteen  of  the  General  Laws  is  hereby  amended  by  striking 
out  the  first  paragraph,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  para- 
graph :  —  Each  district  court,  except  the  municipal  court  of 
the  city  of  Boston,  shall  consist  of  one  justice  and  one  special 
justice. 


Acts,  1941.— Chaps.  665,  666.  943 

Section  2.  This  act  shall  not  affect  the  tenure  of  office  of  Exception. 
any  special  justice  in  office  upon  its  passage.  No  vacancy  in 
said  office  in  any  district  court  subject  to  this  act,  whether 
existing  before  its  passage  or  occurring  thereafter,  shall  be 
filled  at  any  time  when  there  is  one  special  justice  of  such 
court  in  office. 

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

Approved  October  21  y  19^1 . 


date. 


An  Act  providing  for  the  acquisition  and  improve- 
ment OF  CERTAIN  PROPERTIES  IN  DRACUT  AS  AN  ADDITION 
TO  THE  LOWELL-DRACUT  STATE   FOREST. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  conservation  is  hereby  authorized  to 
acquire  by  purchase,  gift  or  otherwise,  subject  to  chapter 
one  hundred  and  thirty-two  of  the  General  Laws,  except 
the  provision  limiting  the  cost  per  acre  of  land  so  acquired, 
a  tract  of  land  with  the  buildings  thereon  situated  in  the 
town  of  Dracut  adjoining  the  present  state  forest  bound- 
aries, comprising  not  more  than  ninety-five  acres,  at  a  cost 
to  the  commonwealth  of  not  exceeding  seventy-five  hundred 
dollars  for  acquisition  of  said  property;  and  for  improve- 
ments thereon  said  commissioner  may  expend  an  additional 
sum  not  exceeding  twenty-five  hundred  dollars. 

Approved  October  21,  1941. 


An  Act  granting  the  consent  of  the  commonwealth 
to  the  acquisition  by  the  united  states  of  america 
of  certain  lands  for  the  purposes  of  the  veterans* 
administration  facility  in  the  town  of  bedford. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America, 
by  purchase  or  condemnation,  for  use  as  an  addition  to  the 
reservation  of  the  Veterans'  Administration  Facility  in  the 
town  of  Bedford,  of  a  certain  tract  of  land  situated  in  said 
town  and  formerly  owned  by  Sarah  J.  F.  Brown,  and  of 
certain  additional  lands  formerly  owned  by  the  Estate  of 
William  Richardson  Hayden,  Arthur  H.  Hayden,  trustee, 
bounded  and  described  as  follows :  — 

Parcel  1  (Brown  tract) :  Beginning  at  a  point  in  the  east 
line  of  Spring  road,  sometimes  called  Springs  road,  said  point 
being  the  southwest  corner  of  the  Hayden  property,  and  run- 
ning thence  north  seventy-three  degrees,  thirteen  minutes 
east  along  the  Hayden  property,  a  distance  of  two  hundred 
sixteen  feet  to  a  point;  thence  south  one  degree,  two  min- 
utes, fifty-five  seconds  west  along  the  aforementioned  Hay- 
den property,  a  distance  of  two  hundred  seven  and  eight 
tenths  feet  to  a  point  in  the  boundary  line  of  the  Veterans' 


ChapM5 


Chap. 666 


944  '  Acts,  1941.  — Chap.  666. 

Administration  Facility;  thence  south  sixty-two  degrees, 
two  minutes,  fifteen  seconds  west  along  the  Veterans'  Ad- 
ministration Facility  property  a  distance  of  one  hundred 
fifty-seven  and  thirty-three  one  hundredths  feet  to  a  point 
in  the  east  line  of  the  aforementioned  Spring  road;  thence 
in  a  northwesterly  direction  along  the  east  line  of  Spring 
road  approximately  two  hundred  and  sixty  feet  to  the  point 
of  beginning,  containing  in  all  approximately  one  acre. 

Parcel  2  (Hayden  property  west  of  Spring  road):  Begin- 
ning at  a  point  on  the  easterly  side  line  of  the  Boston  and 
Maine  Railroad  at  station  89  +  38.5  which  is  sixteen  and 
five  tenths  feet  from  the  center  line  of  the  Boston  and  Maine 
Railroad  location,  running  south  sixty-six  degrees,  fifty-two 
minutes,  thirty-five  seconds  east,  fifteen  and  two  one  hun- 
dredths feet  to  a  point;  thence  south  sixty-eight  degrees, 
twenty  minutes,  fifteen  seconds  east,  one  hundred  and  nine- 
teen and  seventy-seven  one  hundredths  feet  to  a  point; 
thence  south  sixty-four  degrees,  fifty  minutes,  forty  seconds 
east  one  hundred  and  twenty-eight  and  seventy-five  one 
hundredths  feet  to  a  point;  thence  south  fifty-four  degrees, 
sixteen  minutes,  ten  seconds  east,  one  hundred  thirty-six 
and  four  tenths  feet  to  a  point;  thence  south  fifty-seven 
degrees,  forty-one  minutes,  forty-five  seconds  east  thirty- 
five  feet  to  the  westerly  side  line  of  Spring  road;  thence 
north  along  the  westerly  side  line  of  Spring  road  four  hun- 
dred and  eight  and  sixty  one  hundredths  feet  to  a  point; 
thence  northeasterly  along  the  westerly  side  line  of  Spring 
road,  two  hundred  and  forty-four  and  eighty  one  hundredths 
feet  to  a  point;  thence  north  sixty-nine  degrees,  thirty  min- 
utes, fifty-one  seconds  west  about  three  hundred  and  twenty 
feet  to  the  easterly  side  line  of  the  Boston  and  Maine  Rail- 
road; thence  south  twenty  degrees,  twenty-nine  minutes, 
nine  seconds  west  about  five  hundred  and  ninety-five  feet 
to  the  point  of  beginning;   containing  about  five  acres. 

Parcel  3  (Hayden  property  east  of  Spring  road):  Begin- 
ning at  a  point  on  the  easterly  side  line  of  Spring  road,  and 
the  northerly  line  of  Sarah  J.  F.  Brown,  running  north 
seventy-three  degrees,  thirteen  minutes  east,  two  hundred 
and  sixteen  feet  to  a  point;  thence  turning  and  running 
south  one  degree,  two  minutes,  fifty-five  seconds  west  two 
hundred  and  seven  and  eighty  one  hundredths  feet  to  land 
of  the  Veterans'  Administration  Facilit}'-;  thence  turning 
and  running  north  fift^'^-seven  degrees,  forty-four  minutes, 
ten  seconds  east  two  hundred  and  twenty-two  and  seven 
tenths  feet  to  an  angle  point;  thence  turning  and  running 
north  forty-two  degrees,  twenty-three  minutes,  forty-four 
seconds  east,  five  hundred  and  ninety-nine  and  thirty-five 
one  hundredths  feet  to  a  point;  thence  running  northwest- 
erly about  nine  hundred  and  five  feet  to  the  easterly  side 
line  of  Spring  road;  thence  running  southwesterly  along  the 
easterly  side  line  of  Spring  road  two  hundred  and  thirty  and 
sixty  one  hundredths  feet  to  a  point;  thence  running  south 
along  the  easterly  side  line  of  Spring  road  four  hundred  and 


Acts,  1941.  — Chap.  667.  945 

four  and  two  tenths  feet  to  an  angle  point;  thence  south 
along  the  easterly  side  line  of  Spring  road  one  hundred  and 
thirteen  and  thirty  one  hundredths  feet  to  an  angle  point; 
thence  running  southeasterly  along  the  easterly  side  line 
of  Spring  road  two  hundred  and  thirteen  and  eighty  one 
hundredths  feet  to  the  point  of  beginning,  containing  about 
eleven  and  seven  tenths  acres. 

There  is  expressly  excluded  from  each  of  said  parcels  any 
part  of  the  fee  and  soil  of  said  Spring  road. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  insofar  that  all  civil  processes, 
and  such  criminal  processes  as  may  issue  under  the  authority 
of  the  commonwealth  against  any  person  or  persons  charged 
with  crimes  committed  without  said  lands  and  all  processes 
for  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  ces- 
sion had  not  been  granted;  provided,  that  the  exclusive 
jurisdiction  in  and  over  such  lands  shall  revert  to  and  revest 
in  the  commonwealth  whenever  such  lands  shall  cease  to  be 
used  for  the  purpose  set  forth  in  section  one. 

Section  3.  This  act  shall  take  full  effect  upon  the  filing 
in  the  office  of  the  state  secretary  of  a  suitable  plan  of  the 
lands  described  in  section  one,  but  not  otherwise. 

Approved  October  21,  1941. 


An    Act    authorizing    the    city    of    holyoke    to   use  Chap.QQ7 

MACKENZIE     FIELD,     SO     CALLED,      FOR     PLAYGROUND     AND 
ATHLETIC    FIELD    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Holyoke  is  hereby  authorized  to 
use  for  the  purposes  of  a  public  playground,  under  the  pro- 
visions of  section  fourteen  of  chapter  forty-five  of  the  Gen- 
eral Laws,  Mackenzie  Field,  so  called,  a  public  purk  located 
in  said  city.  The  parks  and  recreation  commission  of  said 
city  may  set  apart  and  enclose  for  use  as  an  athletic  field 
such  portion  of  said  park  as  said  commission  may  designate, 
and,  subject  to  such  terms  and  conditions  as  they  may 
impose,  may  allow  such  field  to  be  used  for  athletic  games 
and  other  entertainments  of  a  public  nature,  to  which  an 
admission  fee  may  be  charged. 

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

Approved  October  22,  1941. 


946  Acts,  1941.  — Chap.  668. 


Chap.QQS  -^N  Act  authorizing  the  town  of  Bedford  to  fur- 
nish WATER  to  certain  INHABITANTS  OF  THE  TOWN  OF 
BILLERICA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  town  of  Bedford  may  furnish  water  from 
its  water  system,  for  domestic  and  fire  prevention  purposes, 
under  such  terms  and  conditions  as  may  be  agreed  upon 
by  said  town  and  the  town  of  Billerica,  to  residents  of  said 
town  of  Billerica  whose  property  abuts  Dudley  road  in 
Bedford  and  Dudley  road  in  Billerica,  hereinafter  referred 
to  as  abutters,  within  a  distance  of  six  hundred  feet  from  the 
present  end  of  the  water  main  of  said  town  of  Bedford  on 
Dudley  road  at  the  Bedford-Billerica  town  line;  and  for 
said  purposes  said  town  of  Bedford  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws, 
such  lands,  water  courses,  rights  of  way  and  easements  as 
may  be  necessary  and  may  lay  conduits  and  pipes  and  con- 
struct other  necessary  works  over,  under  or  across  any  such 
lands  or  water  courses,  and  over,  under  or  across  any  public 
or  private  ways  in  said  town  of  Billerica,  and  may  dig 
up  public  and  private  ways  in  said  town  of  Billerica  with- 
out unnecessarily  obstructing  the  same.  No  work  shall  be 
done  under  authority  of  this  act  affecting  a  state  high- 
way except  with  the  prior  approval  of,  and  subject  to  such 
terms  and  conditions  as  may  be  prescribed  by,  the  state 
department  of  public  works.  No  conduits  or  pipes  shall  be 
laid  or  work  constructed  under  authority  of  this  act  in  said 
town  of  Billerica  except  such  as  are  necessary  for  the  supply 
of  water  for  the  use  of  abutters  on  Dudley  road,  and  no  con- 
nection shall  be  made  to  said  conduits  or  pipes  in  said  town 
of  Billerica  other  than  for  supplying  such  persons.  All  work 
done  in  said  town  of  Billerica  under  authority  of  this  act, 
except  such  work  as  affects  a  state  highway,  shall  be  subject 
to  the  prior  approval,  and  shall  be  done  under  the  direction, 
of  the  selectmen  of  said  town  of  Billerica. 

Said  town  of  Bedford  may  appropriate  and  expend  such 
sums  as  may  be  necessary  for  the  aforesaid  purpose. 

Said  town  of  Bedford  may  contract  in  writing  with  any 
abutters  on  Dudley  road  relative  to  the  quantity  of  water 
to  be  supplied  or  purchased  as  aforesaid,  the  method  of 
measuring  the  same,  the  price  to  be  paid  therefor,  and  all 
other  matters  incidental  thereto. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance, at  any  annual  or  special  town  meeting,  by  the 
inhabitants  of  the  town  of  Bedford  and  Billerica,  respectively, 
but  not  otherwise.  Approved  October  22,  1941. 


Acts,  1941.  — Chap.  669.  947 

An  Act  authorizing  contributions  by  the  county  of  (Jjiav  669 

BARNSTABLE  FOR  THE  CONSTRUCTION  OF  SEA  WALLS  OR 
OTHER  FORMS  OF  SHORE  PROTECTION  FOR  TOWNS  IN  SAID 
COUNTY. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  The  county  of  Barnstable  is  hereby  author- 
ized to  contribute  to  the  cost  of  constructing  sea  walls  or 
other  works  to  be  built  by  the  state  department  of  public 
works  during  the  years  nineteen  hundred  and  forty-one, 
nineteen  hundred  and  forty-two,  nineteen  hundred  and 
forty-three  and  nineteen  hundred  and  forty-four  under  sec- 
tion eleven  of  chapter  ninety-one  of  the  General  Laws  for 
the  protection  of  the  shores  of  the  towns  in  said  county 
from  erosion  by  the  sea,  and  the  treasurer  of  said  county, 
with  the  approval  of  the  county  commissioners,  may  pay 
the  county's  proportion  of  such  cost  from  the  highway 
appropriation  or,  for  the  purpose  of  so  contributing,  may 
borrow  from  time  to  time  on  the  credit  of  the  county  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
fifty  thousand  dollars,  and  may  issue  bonds  or  notes  of  the 
county  therefor,  which  shall  bear  on  their  face  the  words, 
Barnstable  County  Shore  Protection  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  such  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  under  this 
act  shall,  except  as  herein  provided,  be  subject  to  chapter 
thirty-five  of  the  General  Laws. 

Section  2.  The  county  treasurer,  with  the  approval  of 
the  county  commissioners,  may  issue  temporary  notes  of  the 
county  payable  in  not  more  than  one  year  from  theii'  dates, 
in  anticipation  of  the  issue  of  serial  bonds  or  notes  under 
section  one,  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 
said  section.  Any  notes  issued  in  anticipation  of  the  serial 
bonds  or  notes  shall  be  paid  from  the  proceeds  thereof. 

Section  3.  Chapter  two  hundred  and  seventy-five  of 
the  acts  of  nineteen  hundred  and  thirty-three,  and  acts  in 
amendment  thereof,  are  hereby  repealed,  but  such  repeal 
shall  not  affect  any  bonds  or  notes  issued  under  said  chapter 
two  hundred  and  seventy-five  or  any  amendment  thereof 
and  then  outstanding. 

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

Approved  October  S2,  1941. 


948 


Acts,  1941.  — Chap.  670. 


G.  L.  (Ter, 
Ed.),  32, 
§  4  (1)  (a), 
etc.,  umencieil. 


Retirement 
for  super- 
annuation. 


G.  L.  (Ter. 
Ed.).  32. 
§  21  (1)  (a). 
etc.,  amended. 


Employees 
under  fifty-five 
years  of  age. 


Chap. 670  An  Act  making  certain  changes  in  the  laws  relative 

TO    CONTRIBUTORY    RETIREMENT   SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (1)  (a)  of  section  four  of  chapter 
thirty-two  of  the  General  Laws,  as  appearing  in  section  one 
of  chapter  four  hundred  and  thirty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  is  liereby  amended  by  strik- 
ing out,  in  the  third  Une,  the  words  "less  than  thirty  nor", 
—  so  as  to  read  as  follows: — (1)  (a)  Subject  to  sections 
two  A,  four  G  and  four  H,  a  member  shall  be  retired  for 
superannuation  in  not  more  than  ninety  days  after  he  has 
filed  with  the  board  an  application  therefor;  provided, 
either  that  he  has  completed  thirty-five  years  of  creditable 
service,  or  that  he  has  attained  age  sixty  and  has  completed 
not  less  than  fifteen  years  of  creditable  service. 

Section  2.  Subdivision  (1)  of  section  twenty-one  of  said 
chapter  thirty-two  is  hereby  amended  by  striking  out  para- 
graph (a),  as  most  recently  amended  by  section  one  of  chap- 
ter one  hundred  and  fifty-eight  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  inserting  in  place  thereof  the 
following  paragraph :  — 

(a)  Except  as  otherwise  provided  in  paragraphs  (6)  and 
(d)  of  this  subdivision,  any  person  who,  while  under  age 
fifty-five,  enters  the  service  of  the  county  or  hospital  dis- 
trict after  the  date  on  which  the  system  becomes  operative 
therein  shall  thereupon  become  a  member  of  the  system. 
This  paragraph  shall  not  apply  to  transient  employees  nor 
to  persons  appointed  or  employed  for  a  stated  period  of 
three  months  or  less,  but  shall  apply  to  persons  appointed 
or  employed  on  a  permanent  basis  or  for  a  period  of  proba- 
tion before  their  appointment  or  employment  is  made  per- 
manent, and  to  persons  appointed  or  employed  on  a  tempo- 
rary basis  without  specific  termination  date. 

Section  3.  Section  twenty-one  of  said  chapter  thirty- 
two  is  hereby  amended  by  striking  out  paragraph  (1)  (e),  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 :  — 

(e)  Except  as  provided  in  sections  thirty-seven  D  and 
thirty-seven  G,  no  member  shall  receive  any  pension  or  re- 
tirement allowance  from  any  other  pension  or  retirement 
system  supported  wholly  or  in  part  by  public  funds,  or  be 
required  to  make  contribution  to  any  other  such  pension  or 
retirement  system,  anything  to  the  contrary  in  any  general 
or  special  law  notwithstanding. 

Section  3 A.  Said  subdivision  (1)  of  said  section  twenty- 
one  is  hereby  further  amended  by  striking  out  paragraph  (/), 
inserted  by  section  two  of  said  chapter  one  hundred  and 
fifty-eight. 

Section  4.  Paragraph  (3)  of  said  section  twenty-one  of 
said  chapter  thirty-two,  as  appearing  in  said  section  one  of 


G.  L.  (Ter. 
Ed.),  32, 
§  21  (1)  ie). 
etc.,  amended. 


Other  retire- 
ment systems, 
etc.,  excluded. 


G.  L.  (Ter. 
Ed.),  32, 
5  21  Wif), 
etc.,  stricken 
out. 


G.  L.  (Ter. 
Ed.),  32, 
i  21  (3).  etc., 
amended. 


Acts,  1941.  — Chap.  670.  949 

said  chapter  four  hundred,  is  hereby  amended  by  striking 
out,  in  the  ninth  and  tenth  Hnes,  the  words  "and  is  under 
sixty  years  of  age  at  the  time  of  re-entering  service",  —  so 
as  to  read  as  follows :  — 

(3)  Persons  fifty-five  years  of  age  or  over  who  originally  Ago  limit. 
enter  the  service  of  the  county  or  hospital  district  after  the 
date  when  the  system  becomes  operative  shall  not  become 
members  thereof,  and  no  such  employee  shall  remain  in  the 
service  of  the  county  or  hospital  district  after  reaching  age 
seventy.  The  age  limit  of  fifty-five  specified  in  this  para- 
graph shall  not  apply  to  a  former  employee  not  in  the  service 
on  the  date  when  the  system  becomes  operative  who  again 
re-enters  the  service  within  five  years  after  leaving  service, 
but  such  person  shall  not  be  eligible  for  superannuation  or 
ordinary  disability  retirement  until  he  has  rendered  at  least 
five  years  of  continuous  service  following  such  re-entry. 

Section  5.    Paragraph  (5)  of  section  twenty-two  of  said  ^^V^J^''- 
chapter  thirty-two,  as  amended  by  section  four  of  chapter  §22'(5).'etc., 
three  hundred  and  thirty-six  of  the  acts  of  nineteen  hundred  *°^*^°^«^ 
and  thirty-seven,  is  hereby  further  amended  by  striking  out  ^rshVce^es. 
at  the  end  of  the  sentence  inserted  by  said  section  four  the 
words:  —  ",  provided  he  re-entered  the  service  within  five 
years  after  the  termination  of  his  last  previous  service". 

Section  6.    Paragraph  (1)  of  section  twenty-four  of  said  S-,I^J2^'"^' 
chapter  thirty-two,  as  appearing  in  said  section  one  of  said  §  24'(i),'etc.. 
chapter  four  hundred,  is  hereb}^  amended  by  striking  out,  a^^^nded. 
in  the  sixth  line,  the  words  "less  than  thirty  nor",  —  so  as 
to  read  as  follows: —  (1)    Upon  application  by  a  member  Retirement 
in  service  or  by  the  head  of  his  department,  or,  in  case  of  ^°^  disability. 
heads  of  departments,  by  the  county  commissioners,  acting 
as  such  or  as  trustees  of  the  hospital  district,  as  the  case 
may  be,  any  member  who  has  had  twenty  or  more  years  of 
creditable  service  may  be  retired  by  the  board,  not  more 
than  ninety  days  next  following  the  date  of  filing  such  ap- 
plication, for  ordinary  disability;  provided,  that  one  or  more 
registered  physicians  selected  by  the  board,  after  an  exami- 
nation of  such  member,  shall  certify  (1)  that  such  member 
is  mentally  or  physically  incapacitated  for  further  perform- 
ance of  duty  and  (2)  that  such  incapacity  is  likely  to  be 
permanent  and  provided,  further,  that  the  board  is  satisfied 
that  such  member  should  be  retired. 

Section  7.    Paragraph  (1)  of  section  twenty-five  of  said  g^V  32^^"^' 
chapter  thirty-two,  as  so  appearing,  is  hereby  amended  by  §  25'(i),'etc., 
striking  out,  in  the  fourteenth  line,  the  words  "less  than  ^"'^'"^^^■ 
thirty  nor",  —  so  as  to  read  as  follows:  —  (1)    Upon  appli-  foftolTf"'' 
cation  by  a  member  in  service  or  by  the  head  of  his  depart-  '"J^^jP^^fro,,, 
ment,  or^  in  the  case  of  heads  of  departments,  by  the  county  etc.,  employ- 
commissioners,  acting  as  such  or  as  trustees  of  the  hospital  '"^"*' 
district,  as  the  case  may  be,  any  member  who  is  totally 
and  permanently  iticapacitated  for  duty  as  the  natural  and 
proximate  result  of  an  accident  or  of  undergoing  a  hazard 
peculiar  to  his  employment,  in  the  performance  and  within 
the  scope  of  his  duty  at  some  definite  time  and  place  with- 


950 


Acts,  1941.— Chap.  670. 


G.  L.  (Ter. 
Ed.).  32, 
§  27  (1)  (a), 
etc.,  amended. 


City  or  town 
employees. 


G.  L.  (Ter. 
Ed.),  32, 
§  27  (1)  (e). 
etc.,  amended. 


Other  retire- 
ment systems, 
etc.,  excluded. 


G.  L.  (Ter. 

Ed.).  32. 

§  27  (1).  etc  , 

further 

amended. 

CaU  firemen 
and  reserve 
policemen. 


out  wilful  negligence  on  his  part,  which  accident  occurred 
or  hazard  was  undergone  within  two  years  prior  to  said 
application,  or  as  a  result  of  an  earlier  accident  or  hazard 
undergone  which  was  reported  in  writing  to  the  board  by 
the  member  or  in  his  behalf  within  ninety  days  after  its 
occurrence,  shall  be  retired  not  more  than  ninety  days  fol- 
lowing the  date  of  filing  such  application;  provided,  that 
one  or  more  registered  physicians  selected  by  the  board, 
after  an  examination  of  such  member,  shall  certify  (1)  that 
such  member  is  mentally  or  physically  incapacitated  for 
further  performance  of  duty  and  (2)  that  such  incapacity  is 
likely  to  be  permanent;  and  provided,  further,  that  the 
board  shall  concur  in  such  certification  and  find  that  the 
mental  or  physical  incapacity  is  the  natural  and  proximate 
result  of  such  accident  or  hazard,  that  such  disability  is  not 
the  result  of  wilful  negligence  on  the  part  of  such  member, 
and  that  such  member  should  be  retired. 

Section  8.  Subdivision  (1)  of  section  twenty-seven  of 
said  chapter  thirty-two,  as  amended,  is  hereby  further 
amended  by  striking  out  paragraph  (a),  as  appearing  in 
section  one  of  chapter  three  hundred  and  sixty  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following  paragraph :  — 

(a)  Except  as  otherwise  provided  in  paragraphs  (6)  and 
(d)  of  this  subdivision,  any  person  who,  while  under  age 
fifty-five,  enters  the  service  of  the  city  or  town  after  the 
date  on  which  the  sj'^stem  becomes  operative  therein  shall 
thereupon  become  a  member  of  the  system.  This  paragraph 
shall  not  apply  to  transient  employees  nor  to  persons  ap- 
pointed or  employed  for  a  stated  period  of  three  months  or 
less,  but  shall  apply  to  persons  appointed  or  employed  on 
a  permanent  basis  or  for  a  period  of  probation  before  their 
appointment  or  employment  is  made  permanent,  and  to 
persons  appointed  or  employed  on  a  temporary  basis  with- 
out specific  termination  date. 

Section  9.  Said  subdivision  (1)  is  hereby  further 
amended  by  striking  out  paragraph  (e),  as  appearing  in 
section  four  of  said  chapter  three  hundred  and  sixty,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

(e)  Except  as  provided  in  sections  thirty-seven  D  and 
thirty-seven  G,  no  member  shall  receive  any  pension  or 
retirement  allowance  from  any  other  pension  or  retirement 
system  supported  wholly  or  in  part  by  public  funds,  or  be 
required  to  make  contribution  to  any  other  such  pension 
or  retirement  system,  anything  to  the  contrary  in  any  gen- 
eral or  special  law  notwithstanding. 

Section  10.  Said  subdivision  (1),  as  amended,  is  hereby 
further  amended  by  adding  at  the  end  the  following  new 
paragraph :  — 

(g)  Call  firemen  and  reserve  policemen  who  perform  less 
than  three  months  of  actual  service  in  each  calendar  j'^ear 
shall  be  members  of  the  retirement  system,  but  shall  be 
eligible  for  retirement  benefits  only  as  set  forth  in  subdi- 


ApTS,  1941.  — Chap.  670.  951 

vision  (1)  of  section  twenty-nine  and  in  sections  thirty-one 
and  thirty-one  B. 

Section  11.    Paragraph  (2)  of  said  section  twenty-seven,  g.  l.  (Ter. 
as  amended  by  chapter  two  hundred  and  twenty-eight  of  §  2V '(2) .'etc., 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  fur-  amended, 
ther  amended  by  striking  out,  in  the  first  line,  the  words 
"age  seventy"  and  inserting  in  place  thereof  the  words:  — 
the  maximum  age  for  his  group,  —  so  as  to  read  as  follows :  — 

(2)  Any  employee  of  a  city  or  town  under  the  maximum  Members 
age  for  his  group  on  the  date  of  application,  whose  member-  for  s^^ce 
ship  in  the  system  is  contingent  on  his  electing  to  become  a  ^gi.°j,*p  '"^'"" 
member,  and  who  has  elected  not  to  become  a  member, 

may  thereafter  apply  for  and  be  admitted  to  membership; 
provided,  that  he  shall  not  be  entitled  to  credit  for  prior 
service  unless  he  shall  pay  into  the  annuity  savings  fund  of 
the  system,  in  one  sum,  or  by  instalments,  an  amount  equal 
to  that  which  he  would  have  paid  had  he  joined  the  system 
at  the  earliest  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. 

Section  12.    Paragraph  (3)  of  said  section  twenty-seven,  g.  l.  (Ter. 
as  appearing  in  section  one  of  chapter  three  hundred  and  f ty'df,"  etc.. 
eighteen  of  the  acts  of  nineteen  hundred  and  thirty-six,  is  amended, 
hereby  amended  by  striking  out,  in  the  ninth  and  tenth 
lines,  the  words: —  "and  is  under  age  sixty  at  the  time  of 
re-entering  service",  —  so  as  to  read  as  follows:  — 

(3)  Persons  fifty-five  years  of  age  or  over  who  originally  Age  limit, 
enter  the  service  of  the  city  or  town  after  the  date  when  the 
system  becomes  operative  shall  not  become  members  thereof, 

and  no  such  employee  shall  remain  in  the  service  of  the  city 
or  town  after  reaching  age  seventy.  The  age  limit  of  fifty- 
five  specified  in  this  paragraph  shall  not  apply  to  a  former 
employee  not  in  the  service  on  the  date  when  the  system 
becomes  operative  who  re-enters  the  service  within  five 
years  after  leaving  service,  but  such  person  shall  not  be 
eligible  for  superannuation  or  ordinary  disability  retirement 
until  he  has  rendered  at  least  five  years  of  continuous  serv- 
ice following  such  re-entry. 

Section  12A.      Section    twenty-eight    of    said    chapter  g.  l.  (Ter. 
thirty-two,  as  amended  in  paragraph  (5)  by  section  thirteen  §  28  (2).'  etc.. 
of  said  chapter  three  hundred  and  thirty-six,  is  hereby  fur-  amended, 
ther  amended  by  striking  out  paragraph  (2),  as  so  appearing, 
and  inserting  in  place  thereof  the  following  paragraph :  — 

(2)  Under  such  rules  and  regulations  as  the  board  shall  ^l^,!P?f  l^L- 

1      ',  ,  ,  .  ^         ,  . ,  1  .  I.  service  prior 

adopt,  each  person  becoming  a  member  within  one  year  from  to  member- 
the  date  he  first  becomes  eligible  to  membership,  who  was  ^  '^' 
in  service  at  the  time  the  system  became  operative,  or  who 
re-entered  the  service  within  five  years  after  the  system 
became  operative,  shall  file  a  detailed  statement  of  all  service 
as  an  employee  rendered  by  him  prior  to  the  day  on  which 
the  system  became  operative  for  which  he  claims  credit, 
and  of  such  facts  as  the  board  may  require  for  the  proper 
operation  of  the  system. 


952 


Acts,  1941.  — Chap.  070. 


a.  h.  (Tcr. 
I'M.).  32. 
§  28  (5),  etc  , 
amended. 

Reinstate- 
ment. 


G.  L.  (Ter. 
Ed.),  32, 
§  29  (1),  etc. 
amended. 


Retirement 
for  super- 
annuation. 


G.  L.  (Ter. 
Ed.),  32, 
$  29  (1),  etc. 
amended. 

Call  tiremen 
and  reserve 
policemen. 


G.  L.  (Ter. 

Ed.).  32, 

§  29  (1).  etc., 

further 

amended. 

Conditions  for 
allowance. 


Section  13.  Paragrapli  (5)  of  section  twonty-pighl,  of 
said  chapter  thirty-two,  as  amended  by  said  section  thirteen 
of  said  chapter  three  hundred  and  thirty-six,  is  herebj^  fur- 
ther amended  by  striking  out  at  the  end  of  the  sentence 
inserted  by  said  section  thirteen  the  words: —  ",  provided 
he  re-entered  the  service  within  five  years  after  the  termina- 
tion of  his  last  previous  service". 

Section  14.  Subdivision  (1)  of  section  twenty-nhie  of 
said  chapter  thirty-two,  as  amended,  is  hereby  further 
amended  by  striking  out,  in  the  sixth  line,  as  appearing  in 
section  one  of  chapter  three  hundred  and  eighteen  of  the 
acts  of  nineteen  hundred  and  thirty-six,  the  words  "less 
than  thirty  nor",  —  so  that  the  first  paragraph  will  read  as 
follows :  —  Any  member  in  service  who  shall  have  attained 
age  sixty,  upon  his  own  written  application  to  the  board 
shall,  or  upon  that  of  the  head  of  his  department  or,  if  he 
himself  is  the  head  of  his  department,  upon  that  of  the 
mayor  in  a  city  or  the  board  of  selectmen  in  a  town,  may, 
be  retired  for  superannuation  not  more  than  ninety  days 
after  the  filing  of  such  application.  A  member  whose  retire- 
ment is  applied  for  by  the  head  of  his  department  or  by  the 
mayor  or  selectmen,  as  the  case  maj^  be,  shall  be  given  a 
notice  in  writing  of  such  application  forthwith  and  be  given 
a  hearing  before  the  board,  if  he  requests  such  hearing  in 
writing  within  ten  days  of  the  receipt  of  such  notice.  Such 
hearing  shall  take  place  not  less  than  three  nor  more  than 
fourteen  days  after  request  therefor.  If  the  board  finds  on 
hearing  that  the  member  is  able  properly  to  perform  his 
duties  it  shall  thereupon  file  a  copy  of  its  findings  with  the 
head  of  his  department  or  with  the  mayor  or  board  of  select- 
men, as  the  case  may  be,  in  which  case  the  member  shall 
not  be  retired;  otherwise,  the  retirement  shall  become  effec- 
tive within  the  time  hereinbefore  provided. 

Section  15.  Said  subdivision  (1)  of  said  section  twenty- 
nine,  as  amended,  is  hereby  further  amended  by  adding  at 
the  end  of  the  second  paragraph,  as  appearing  in  section 
fourteen  of  said  chapter  three  hundred  and  thirty-six,  the 
following: — ;  provided,  that  any  call  fireman  or  reserve 
policeman  who  has  performed  an  average  of  less  than  three 
months  actual  service  per  year,  during  the  five  years  last 
preceding  his  attaining  the  maximum  age  for  his  group, 
shall  not  be  retired  under  this  section. 

Section  16.  Said  subdivision  (1)  is  hereby  further 
amended  by  inserting  after  the  second  paragraph,  as 
amended,  the  following  new  paragraph :  — 

A  member  whose  duties  require  the  board,  under  section 
twenty-seven  (4),  to  classify  him  both  in  Group  1  and  in 
Group  2,  as  set  forth  therein,  and  whose  salary  or  wages 
are  paid  from  two  appropriations,  shall,  on  attaining  the 
maximum  age  for  retirement  of  employees-in  Group  2,  cease 
to  perform  any  duties  as  an  officer  or  member  of  a  police  or 
fire  department.  If  the  major  portion  of  his  salary  or  wages 
is  in  compensation  for  such  duties  he  shall  be  retired  forth- 


Acts,  1941.  — Chap.  670.  953 

with  from  the  service  of  the  city  or  town,  but,  if  the  major 
portion  of  his  salary  or  wages  is  in  compensation  for  duties 
requiring  the  board  to  classify  him  in  Group  1,  he  may  con- 
tinue to  perform  such  duties  until  age  seventy.  When  such 
person  is  retired  he  shall  be  entitled  to  a  retirement  allow- 
ance on  account  of  his  service,  actuarially  computed  for 
each  group. 

Section  17.      Paragraph    (1)    of   section   thirty   of   said  ej^'JJ^^''- 
chapter  thirty-two,  as  appearing  in  said  section  one  of  said  I'sb'cD.'etc, 
chapter  three  hundred  and  eighteen,  is  hereby  amended  by  *'"®"^^^- 
striking  out,  in  the  fifth  and  sixth  lines,  the  words  "less 
than  thirty  nor",  —  so  as  to  read  as  follows:—  (1)  Upon  Conditions  for 
application  by  a  member  in  service  or  by  the  head  of  his  ^'^°"*"<=''- 
department,  or,  in  case  of  heads  of  departments,  by  the 
mayor  in  a  city  or  the  selectmen  in  a  town,  any  member  who 
has  had  twenty  or  more  years  of  creditable  service  may  be 
retired  by  the  board,  not  more  than  ninety  days  next  fol- 
lowing the  date  of  filing  such  application,  for  ordinary  dis- 
ability;   provided,  that  one  or  more  registered  physicians 
selected  by  the  board,  after  an  examination  of  such  member, 
shall  certify  (1)  that  such  member  is  mentally  or  physically 
incapacitated  for  further  performance  of  duty  and  (2)  that 
such  incapacity  is  likely  to  be  permanent;    and  provided, 
further,  that  the  board  is  satisfied  that  such  member  should 
be  retired. 

Section  18.  Subdivision  (1)  of  section  thirty-one  of  said  gjMg"- 
chapter  thirty-two,  as  so  appearing,  is  hereby  amended  by  §  3'i'(i),'ctc.. 
striking  out,  in  the  fourteenth  line,  the  words  "less  than  a'"^"'**'^*- 
thirty  nor",  —  so  as  to  read  as  follows:  —  (1)  Upon  applica-  Conditions  for 
tion  by  a  member  in  service  or  by  the  head  of  his  department, 
or,  in  the  case  of  heads  of  departments,  by  the  mayor  in  a 
city  or  the  selectmen  in  a  town,  any  member  who  is  totally 
and  permanently  incapacitated  for  duty  as  the  natural  and 
proximate  result  of  an  accident  or  of  undergoing  a  hazard 
peculiar  to  his  employment,  in  the  performance  and  within 
the  scope  of  his  duty  at  some  definite  time  and  place,  with- 
out wilful  negligence  on  his  part,  which  accident  occurred  or 
hazard  was  undergone  within  two  years  prior  to  said  appli- 
cation, or  as  the  natural  and  proximate  result  of  an  earlier 
accident  or  hazard  undergone  which  was  reported  in  writing 
to  the  board  by  the  member  or  in  his  behalf  within  ninety 
days  after  its  occurrence,  shall  be  retired  not  more  than 
ninety  days  following  the  date  of  filing  of  such  application; 
provided,  that  one  or  more  registered  physicians  selected  by 
the  board,  after  an  examination  of  such  member,  shall  certify 
(1)  that  such  member  is  mentally  or  physically  incapacitated 
for  further  performance  of  duty  and  (2)  that  such  incapacity 
is  likely  to  be  permanent;  and  provided,  further,  that  the 
board  shall  concur  in  such  certification  and  find  that  the 
mental  or  physical  incapacity  is  the  natural  and  proximate 
result  of  such  accident  or  hazard,  that  such  disability  is  not 
the  result  of  wilful  negligence  on  the  part  of  such  member, 
and  that  such  member  should  be  retired. 


954 


Acts,  1941.  — Chap.  670. 


G.  L.  (Ter. 
Ed.).  32, 
5  31  (2),  etc. 
further 
amended. 

Call  firemen 
and  reserve 
policemen. 


G.  L.  (Ter. 
Ed.),  32, 
§  31B,  etc., 
further 
amended. 


Call  firemen 
and  reserve 
policemen, 
death  in  line 
of  duty. 


G.  L.  (Ter. 
Ed.),  32,  §  37E, 
amended. 

Option  to 
withdraw 
accumulated 
deductions. 


G.  L.  (Ter. 
Ed.),  32,  §  37F, 
etc.,  amended. 


Rights  of  per- 
sons former 
members 


Section  19,  Subdivision  (2)  of  said  section  thirty-one, 
as  amended  by  section  sixteen  of  said  chapter  three  hundred 
and  thirty-six,  is  hereby  further  amended  by  adding  at  the 
end  the  following  new  paragraph :  — 

A  call  fireman  or  reserve  policeman  who  is  totally  and  per- 
manently incapacitated  for  duty  as  hereinbefore  provided 
shall  be  entitled  to  retirement  in  the  same  manner  and  with 
the  same  benefits  as  permanent  members  of  equal  rank  and 
grade.  Any  pension  payable  on  account  of  such  retirement 
shall  be  based  on  the  rate  of  regular  annual  compensation  of 
permanent  firemen  or  policemen  of  such  grades,  if  any;  pro- 
vided, that,  if  there  are  no  permanent  firemen  or  policemen, 
as  the  case  may  be,  in  the  city  or  town,  the  pension  shall  be 
nine  hundred  dollars  per  annum. 

Section  20.  Section  thirty-one  B  of  said  chapter  thirty- 
two,  as  amended  by  section  nine  of  chapter  three  hundred 
and  seventy-nine  of  the  acts  of  nineteen  hundred  and  forty- 
one,  is  hereby  further  amended  by  adding  at  the  end  the 
following  new  sentence :  —  In  the  event  of  the  death  of  a 
member  or  beneficiary  who  was  performing  the  duties  of  a 
call  fireman  or  reserve  policeman  at  the  time  of  the  sus- 
taining of  the  injury  or  the  undergoing  of  the  hazard  which 
caused  his  death,  the  pertinent  provisions  of  this  section 
shall  apply  in  determining  the  amount  of  pensions  payable 
on  account  of  such  death,  except  that  the  pension  payable 
under  paragraph  (1)  of  this  section  shall  be  one  half  the  rate 
of  regular  annual  compensation  of  a  permanent  fireman  or 
policeman  of  equal  rank  and  grade,  if  any;  provided,  that, 
if  there  are  no  permanent  firemen  or  policemen,  as  the  case 
may  be,  in  the  city  or  town,  the  pension  shall  be  nine  hun- 
dred dollars;  and  provided,  further,  that  in  no  event  shall 
the  pensions  payable  under  paragraphs  (1)  and  (2)  of  this 
section  exceed  in  the  aggregate  an  amount  equal  to  the  rate 
of  regular  annual  compensation  of  said  permanent  firemen 
or  policemen,  if  any,  or,  if  there  are  no  such  permanent 
firemen  or  policemen,  the  sum  of  eighteen  hundred  dollars. 

Section  21.  Section  thirty-seven  E  of  said  chapter 
thirty-two  is  hereby  further  amended  by  adding  at  the  end 
the  following  new  paragraph :  — 

(4)  Any  provision  of  this  chapter  to  the  contrary  not- 
withstanding, any  member  whose  retirement  allowance  at  the 
time  of  his  retirement  amounts  to  less  than  two  hundred 
and  forty  dollars  per  annum  may  at  his  option,  withdraw 
from  the  system  the  amount  of  his  accumulated  deductions, 
with  interest,  in  lieu  of  receiving  a  retirement  allowance. 
Nothing  in  this  section  shall  entitle  a  person  so  withdrawing 
his  deductions  to  continue  in  the  service. 

Section  22.  Said  chapter  thirty-two  is  hereby  further 
amended  by  striking  out  section  thirty-seven  F,  as  amended 
by  chapter  three  hundred  and  sixteen  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  and  inserting  in  place  thereof 
the  following: —  Section  37 F.  A  member  of  any  contribu- 
tory retirement  system  established  under  this  chapter  or 


Acts,  1941.  — Chap.  670.  955 

similar  provisions  of  earlier  laws  who,  within  five  years  prior  of  non-contnb- 
to  becoming  such  a  member  or  who,  immediately  before  be-  "^""^^  system. 
ginning  his  present  employment,  was  in  the  employment  of 
any  goverrmiental  unit,  subdivision  or  agency  of  the  com- 
monwealth, other  than  that  by  which  he  is  presently  em- 
ployed, for  a  period  during  which  such  other  unit,  subdi- 
vision or  agency  had  no  contributory  retirement  system,  or 
during  which  he  had  inchoate  rights  to  non-contributory 
retirement,  may,  on  or  before  December  thirty-first,  nine- 
teen hundred  and  forty-two,  or  within  one  year  after  be- 
coming such  a  member,  whichever  is  the  later  date,  pay 
into  the  annuity  savings  fund  of  the  system  of  which  he  is 
a  member  an  amount  equal  to  the  assessments  which  he 
would  have  paid  during  the  period  of  his  service  with  such 
other  unit,  subdivision  or  agency,  not  exceeding  ten  years 
immediately  prior  to  his  last  separation  therefrom,  if  the 
system  of  which  he  is  a  member  had  been  in  operation  in 
such  other  unit,  subdivision  or  agency  during  such  period 
of  service  and  if  such  service  had  been  rendered  in  a  posi- 
tion subject  to  such  system,  together  with  interest  at  three 
per  cent,  compounded  annually,  for  the  period  during  which 
assessments  would  have  been  so  paid.  Such  payment  may 
be  made  either  (1)  in  one  sum,  with  interest  thereon  at  three 
per  cent,  compounded  annually,  from  the  date  when  he  be- 
came a  member,  or  (2)  by  a  deposit  within  said  year  of  not 
less  than  twenty-five  dollars,  and  thereafter  by  equal  monthly 
instalments  over  a  period  of  not  more  than  five  years,  but 
in  no  event  to  extend  beyond  the  date  upon  which  he  attains 
age  sixty,  such  instalments  to  be  deducted  with  each  regular 
deduction  for  the  retirement  fund  from  his  regular  compen- 
sation, and  to  be  in  such  amounts  that  at  the  end  of  the 
period  hereinbefore  referred  to  his  total  payments,  with  in- 
terest thereon  at  three  per  cent,  compounded  annually,  shall 
have  amounted  to  the  sum  which  he  might  have  paid  in  full 
at  the  time  of  making  his  initial  payment,  with  interest 
thereon  at  three  per  cent,  as  so  compounded. 

Section  23.     Said   chapter  thirty-two,   as   amended,   is  g.  l.  (Xer. 
hereby  further  amended  by  inserting  after  section  thirty-  new  §  37G, 
seven  F  the  following  new  section :  —  Section  37G.    Except  'inserted. 
as  hereinafter  otherwise  provided  and  as  provided  in  section  nientVystems 
thirty-seven  D,  no  member  of  any  pension  or  retirement  excluded, 
system  established  under  this  chapter  shall  receive  any  pen-  Exceptions. 
sion  or  retirement  allowance  from  any  other  such  pension 
or  retirement  system  or  be  required  to  make  contributions 
to  any  other  such  system,  anything  to  the  contrary  in  any 
general  or  special  law  notwithstanding.    A  person  employed 
by  two  or  more  governmental  units,  each  of  which  has  estab- 
lished a  contributory  retirement  system  under  this  chapter, 
may  become  a  member  of  the  retirement  system  of  each 
such  governmental  unit  and  receive  a  pension  and  retire- 
ment allowance  therefrom.     If  such  a  person  so  becomes  a 
member  of  the  retirement  sj^stems  of  two  or  more  such 
governmental  units  the  treasurer  of  each  such  governmental 


956 


Acts,  1941.  — Chap.  670. 


G.  L.  (Ter. 
Ed.),  32. 
§  91,  etc., 
amended. 


Pensioners 
not  to  be 
paid  for 
services. 

Exception.s. 


Contributory 
retirement 
system  ex- 
tended to  call 
firemen  and 
reserve  police- 
men. 

Notice,  etc. 


unit  shall  withhold  five  per  cent  of  the  regular  compensation 
due  on  each  pay  day  from  his  governmental  unit  to  such 
member  after  he  joins  the  system;  provided,  that  if  the  total 
regular  compensation  of  such  member  from  all  such  gov- 
ernmental units  exceeds  fifty  dollars  per  week  the  deduction 
made  hereunder  by  each  such  treasurer  shall  be  in  the  same 
proportion  to  fifty  dollars  that  such  member's  regular  com- 
pensation from  such  governmental  unit  bears  to  his  total 
regular  compensation,  so  that  the  total  of  all  deductions 
made  hereunder  shall  not  exceed  five  per  cent  of  fifty  dol- 
lars per  week;  and  provided,  further,  that  in  no  case  shall 
the  benefits  received  by  such  member  be  greater  than  they 
would  have  been  had  such  member's  total  regular  com- 
pensation been  received  from  one  governmental  unit.  The 
amount  of  retirement  allowance  to  be  assessed  on  each  such 
governmental  unit  under  this  paragraph  shall  be  computed 
actuarially  as  directed  by  the  commissioner  of  insurance 
and  in  such  proportions  as  may  be  directed  by  said  com- 
missioner. 

Section  24.  Section  ninetj^-one  of  said  chapter  thirty- 
two,  as  amended  by  section  five  of  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  striking  out  the  words 
"commonwealth,  county,  city  or  town  which  pays  such  pen- 
sion or  allowance",  in  the  eighth  and  ninth  lines,  and  in- 
serting in  place  thereof  the  words :  —  commonwealth  or  any 
county,  city,  town  or  district,  —  so  as  to  read  as  follows :  — 
Section  91.  No- person  while  receiving  a  pension  or  retire- 
ment allowance  from  the  commonwealth  or  from  any  county, 
city  or  town,  except  teachers  who  on  March  thirty-first, 
nineteen  hundred  and  sixteen,  were  receiving  annuities  not 
exceeding  one  hundred  and  eighty  dollars  per  annum,  shall, 
after  the  date  of  the  first  payment  of  such  pension  or  allow- 
ance, be  paid  for  any  service  rendered  to  the  commonwealth 
or  any  county,  city,  town  or  district,  except  upon  his  return 
and  restoration  to  active  service  as  ordered  by  the  appro- 
priate retirement  board  after  re-examination  in  case  of  retire- 
ment for  disability,  for  jury  service,  or  for  service  rendered 
in  an  emergency  under  section  sixty-eight,  sixty-nine  or 
eighty-three,  or  for  service  in  a  public  office  to  which  he  has 
thereafter  been  elected  by  direct  vote  of  the  people. 

Section  25.  The  retirement  board  of  each  city  and  town 
which  maintains  a  retirement  system  operated  under  sec- 
tions twenty-six  to  thirty-one  H,  inclusive,  of  chapter  thirty- 
two  of  the  General  Laws  shall,  within  sixty  days  after  the 
effective  date  of  this  act,  give  to  the  chief  of  police  and  to 
the  chief  of  the  fire  department,  if  any,  otherwise  to  the 
officer  or  board  having  control  of  the  police  or  fire  depart- 
ment, or  both,  as  the  case  may  be,  a  written  notice  setting 
forth  the  provisions  of  sections  twenty-seven,  twenty-nine 
and  thirty-one  of  said  chapter  thirty-two,  as  most  recently 
amended  by  this  act;  and  the  said  chief,  officer  or  board 
shall,  so  far  as  possible,  bring  the  same  to  the  attention  of 


Acts,  1941.  — Chap.  671.  957 

every  call  fireman  or  reserve  policeman  of  his  city  or  town. 
Every  such  call  fireman  and  reserve  policeman  not  pre- 
viously a  member  of  the  retirement  system  of  such  city  or 
town  shall  become  a  member  on  April  first,  nineteen  hun- 
dred and  forty-two,  unless,  prior  to  that  date,  he  shaU  have 
filed  with  the  retirement  board  a  statement  in  writing  that 
he  does  not  desire  to  become  a  member,  in  which  case  he 
shall  not  thereafter  have  any  actual  or  inchoate  rights  under 
any  non-contributory  retirement  law  on  account  of  service 
as  a  call  fireman  or  as  a  reserve  policeman. 

Section  26.  Nothing  in  section  ninety-one  of  chapter  certain  pen- 
thirty-two  of  the  General  Laws,  as  most  recently  amended  effected.* 
by  section  twenty-four  of  this  act,  shall  be  deemed  to  render 
illegal  the  continued  employment,  or  to  terminate  the  em- 
ployment, of  any  person  who,  upon  the  effective  date  of  this 
act,  was  legally  employed  and  receiving  compensation  under 
any  provision  of  said  section  ninety-one  as  in  force  immedi- 
ately prior  to  said  effective  date. 

Approved  October  22,  lOJ^l. 


An  Act  defining  "salary"  for  the  purposes  of  the  QJiav  671 

RETIREMENT  SYSTEM   FOR  TEACHERS,   AND   FURTHER  REGU- 
LATING  THE   RETIREMENT  RIGHTS   OF   CERTAIN   TEACHERS. 

Be  it  enacted,  etc.,  a&  follows: 

Section  1.     Section  six  of  chapter  thirty-two  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  most  recently  amended  by  section  one  of  ftl! 'amended, 
chapter  four  hundred  and  forty-four  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  is  hereby  further  amended  by  in- 
serting after  the  definition  of  "School  year",  as  appearing 
in  the  Tercentenary  Edition,  the  following  new  paragraph :  — 

"Salary",  the  annual  compensation  lawfully  determined  '!^,?'''7" 
for  the  individual  service  of  a  teacher;  provided  that,  if 
such  compensation  is  reduced  during  any  period  as  a  part 
of  a  temporary  general  salary  reduction,  which  is  designated 
as  such  at  the  time  it  is  made  by  the  school  committee  or 
board  of  trustees  of  a  school  conducted  under  sections  one 
to  thirty-seven,  inclusive,  of  chapter  seventy-four,  the  salary 
to  be  used  as  a  basis  for  assessments  and  for  determining 
pensions  shall  be  the  salary  that  he  would  be  receiving  if 
there  were  no  such  reduction. 

Section  2.     If  a  school  committee  in  a  city  or  town  or  General,  etc., 
board  of  trustees  of  a  school  conducted  under  any  provision  t^^n'^noTto"' 
of  sections  one  to  thirty-seven,  inclusive,  of  chapter  seventy-  decrease 
four  notifies  the  teachers'  retirement  board,  prior  to  Feb- 
ruary first,  nineteen  hundred  and  forty-two,  that  a  salary 
reduction  made  since  September  first,  nineteen  hundred  and 
thirty,  by  such  school  committee  or  board  of  trustees  or  its 
predecessors  was  a  temporary  general  salary  reduction,  such 
reduction  shall  not  decrease  the  pension  of  any  member  of 
the  teachers'  retirement  association  who  was  employed  as 
a  teacher  in  such  city  or  town  or  in  such  a  school  and  retired 


958  Acts,  1941.  — Chap.  672. 

on  or  after  said  February  first,  and  all  members  employed 
as  teachers  in  such  a  city  or  town  or  school  shall,  if  the  re- 
duction has  not  been  restored,  pay  assessments  from  said 
February  first  based  on  the  salary  which  they  would  be 
receiving  if  there  had  been  no  such  reduction, 
rfretired  SECTION  3,    Any  member  of  the  teachers'  retirement  asso- 

teaohers  ciatiou  retired  between  September  first,  nineteen  hundred 

and  thirty,  and  said  February  first,  who  was  employed  in  a 
city  or  town  or  school  conducted  under  said  sections  one 
to  thirty-seven,  inclusive,  of  said  chapter  seventy-four,  in 
case  the  school  committee  or  board  of  trustees  notifies  the 
retirement  board  under  section  two  that  a  temporary  general 
salary  reduction  was  made,  shall,  from  and  after  June  first, 
nineteen  hundred  and  forty-two,  receive  the  pension  which 
he  would  have  received  if  there  had  been  no  such  reduc- 
tion; provided  that  no  pension  shall  be  reduced  by  this  sec- 
tion and  no  additional  payment  to  the  armuity  fund  shall  be 
required.  Approved  October  22,  1941. 


C hap. Q72  An  Act  providing  for  extensions  of  the  boundaries 

OF   THE    SHELBURNE    FALLS    FIRE    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  a  petition  in  writing  addressed  to  the 
board  of  water  commissioners  of  the  Shelburne  Falls  Fire 
District,  in  the  towns  of  Buckland  and  Shelburne,  request- 
ing that  certain  real  estate,  accurately  described  therein, 
located  in  either  of  said  towns  and  abutting  on  said  district 
and  not  otherwise  served  by  a  public  water  supply,  be  in- 
cluded within  the  limits  thereof,  and  signed  by  the  owners 
of  such  real  estate,  or  a  major  portion  of  such  real  estate, 
said  commissioners  shall  cause  a  duly  warned  meeting  of 
the  district  to  be  called,  at  which  meeting  the  voters  may 
vote  on  the  question  of  including  said  real  estate  within  the 
district.  If  a  majority  of  the  voters  present  and  voting 
thereon  vote  in  the  affirmative,  the  clerk  of  said  district 
shall,  within  ten  days,  file  with  the  town  clerk  of  each  of 
said  towns  and  with  the  state  secretary  an  attested  copy 
of  said  petition  and  vote,  and  thereupon  said  real  estate 
shall  become  and  be  part  of  the  district  and  shall  be  holden 
under  chapter  two  hundred  and  sixty-two  of  the  acts  of 
eighteen  hundred  and  fifty-five,  and  acts  in  amendment 
thereof  and  in  addition  thereto,  in  the  same  manner  and  to 
the  same  extent  as  the  real  estate  described  in  said  acts. 

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

Approved  October  23,  1941. 


Acts,  1941.  — Chaps.  673,  674,  675.  959 

An  Act  authorizing  the   city  of  pittsfield  to   con-  (Jfidj)  Q73 

STRUCT     AND     MAINTAIN     BUILDINGS     ON     CERTAIN     PARK 
LANDS   IN    SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Pittsfield  is  hereby  authorized, 
notwithstanding  any  Umitation  contained  in  chapter  forty- 
five  of  the  General  Laws,  to  construct  and  maintain  a  build- 
ing or  buildings  within  the  limits  of  Waconah  Park  and 
Burbank  Park. 

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

Approved  October  23,  1941. 


An  Act  authorizing  the  department  of  public  health  Qfidjf  ^74 
TO   acquire   an    additional    water    supply    for    the 
north  reading  state  sanatorium. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  health,  with  the 
approval  of  the  governor  and  council,  is  hereby  authorized 
to  enter  into  an  agreement  with  any  municipality  to  pur- 
chase water  for  use  at  the  North  Reading  state  sanatorium ; 
provided,  that  no  agreement  or  contract  for  the  purchase  of 
such  water  shall  be  for  a  period  of  more  than  three  years, 
and  that  no  price  shall  be  agreed  upon  by  said  department 
for  the  purchase  of  water  in  excess  of  one  hundred  and  fif- 
teen dollars  per  million  gallons.  Until  the  general  court 
provides  otherwise,  the  said  department  may,  at  the  expira- 
tion of  an  agreement,  renew  the  agreement  under  similar 
conditions. 

Section  2.  For  the  purposes  aforesaid,  said  department 
may  construct  and  maintain  on  the  lands  of  the  North 
Reading  state  sanatorium  the  necessary  conduits,  pipes  and 
other  works.  Approved  October  23,  1941. 


Chap.675 


An  Act  regulating  the  printing  on  ballots  at  state 
primaries  of  the  names  of  candidates  for  nomina- 
tion for  certain  offices  by  a  political  party. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-eight  of  chapter  fifty-three  of  the  General  g.  l.  (Ter. 
Laws,  as  most  recently  amended  by  chapter  five  hundred  etd, 'amended', 
and  sixty-three  of  the  acts  of  the  current  year,  is  hereby 
further  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

There  shall  not  be  printed  on  the  ballot  at  a  state  primary  Nomination 
the  name  of  any  person  as  a  candidate  for  nomination  for  candidates 
the  office  of  county  commissioner  or  senator  or  representa-  ^"V**^ 
tive  to  the  general  court  unless  a  certificate  from  the  regis-  "*'  *  ° 
trars  of  voters  of  the  city  or  town  where  such  person  resides 


960 


Acts,  1941. —  Chap.  076. 


stating  that  he  is  enrolled  as  a  member  of  a  political  party, 
giving  the  name  of  the  party,  or  stating  that  he  is  not  en- 
rolled in  any  political  party,  as  the  case  may  be,  is  filed 
with  the  state  secretary  on  or  before  the  last  day  herein 
provided  for  the  filing  of  nomination  papers.  Said  registrars 
shall  forthwith  issue  such  a  certificate  upon  request  of  any 
such  candidate  or  of  his  authorized  representative.  Against 
the  name  of  any  such  candidate  on  the  ballot  shall  be  printed 
the  name  of  the  party  of  which  he  is  an  enrolled  member  or, 
if  he  is  not  enrolled  in  any  party,  the  word  "unenrolled". 

Approved  October  23,  1941. 


Chap.Q7Q  An  Act  authorizing  the  appointment  of  directors  op 

OCCUPATIONAL  GUIDANCE  AND  PLACEMENT  IN  TOWNS  AND 
OF  A.  SUPERVISOR  OF  SUCH  DIRECTORS  IN  THE  DEPART- 
MENT  OF   EDUCATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifteen  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  six  A,  as  amended  by 
section  thirteen  of  chapter  four  hundred  and  forty-six  of 
the  acts  of  nineteen  hundred  and  thirty-eight,  the  follow- 
ing new  section:  —  Section  6B.  The  commissioner  shall  ap- 
point a  supervisor  of  guidance  and  placement  and  prescribe 
his  duties.  He  shall,  under  the  commissioner,,  have  general 
supervision  of  the  directors  of  occupational  guidance  and 
placement  appointed  by  towns. 

Section  2.  Chapter  seventy-one  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  thirty-eight,  as 
appearing  in  the  Tercentenary  Edition,  the  following  six  new 
sections :  —  Section  3SA .  The  school  committee  of  a  town 
not  in  an  occupational  guidance  and  placement  district  may 
employ  a  director  or  directors  of  occupational  guidance  and 
placement,  approved  by  the  department  prior  to  his  or  their 
appointment,  and  may  fix  his  or  their  compensation,  and  a 
director  employed  under  this  section  shall,  under  the  direc- 
tion and  control  of  the  supervisor  of  guidance  and  placement 
provided  for  in  section  six  B  of  chapter  fifteen,  give  his  whole 
time  to  the  occupational  and  employment  problems  of  the 
young  people  between  the  ages  of  sixteen  and  twenty-three 
in  said  town.  He  shall  use  all  means  available  to  furnish 
occupational  guidance  and  secure  employment  opportunities 
for  such  persons.  Every  such  director  may  consult  with  and 
seek  the  advice  of  said  supervisor,  and  shall  make  an  annual 
report  to  the  committee  and  forward  a  copy  thereof  to  said 
supervisor. 

Section  38 B.  When  the  chairman  and  majority  of  the 
school  committee  certify  to  the  state  comptroller  on  oath 
that  the  town  has  employed  a  director  or  directors  of  occu- 
pational guidance  and  placement,  approved  by  the  depart- 
ment prior  to  his  or  their  appointment,  for  the  year  ending 
June  thirtieth,  the  town  shall  be  eligible  to  reimbursement 


G.  L.  (Ter. 
Ed.).  15. 
new  §  6B, 

inserted. 


Supervisor  of 
guidance  and 
placement, 
duties  of. 


G.  L.  (Ter. 
Ed.),  71,  new 
§§  38A-38F, 
inserted. 

Directors  of 
occupational 
guidance  and 
placement  in 
certain  towns. 


Reimburse- 
ment to  towns. 


Acts,  1941.  — Chap.  677.  961 

on  account  of  each  such  director  in  the  same  amount  as  pro- 
vided in  part  one  of  chapter  seventy  in  the  case  of  a  teacher. 

Section  38C.     Every  such  director  of  occupational  guid-  status  of 
ance  and  placement  shall  be  deemed  to  be  a  regularly  ap-  *''p°'"  ^^^' 
pointed  teacher  in  the  school  system  of  the  town  by  which 
he  is  employed,  and  shall  be  subject  to  the  provisions  of 
this  chapter  relating  to  teachers. 

Section  S8D.    Two  or  more  towns  may,  by  vote  of  each,  Towns  may 
form  a  district  for  the  purpose  of  employing  a  director  of  tCr'l^uidance 
occupational  guidance  and  placement,  who  shall  annually  ^elit^'etc. 
be  appointed  by  a  joint  committee  composed  of  the  chair- 
man and  secretary  of  the  school  committee  of  each  of  said 
towns.    The  committee  shall  determine  the  relative  amount 
of  service  to  be  performed  by  him  in  each  town,  fix  his 
salary,  apportion  the  amount  thereof  to  be  paid  by  each 
town,  and  certify  the  same  to  each  town  treasurer.     Any 
constituent  town  may,  by  vote  passed  prior  to  December 
first  in  any  year,  withdraw  from  the  district,  with  the  ap- 
proval of  the  department,  such  withdrawal  to  become  ef- 
fective on  June  thirtieth  following.     No  city  may  join  in 
forming  such  a  district. 

Section  38E.  When  the  chairman  and  the  secretary  of  Reimburse- 
such  joint  committee  certify  to  the  state  comptroller,  on  districts. 
oath,  that  the  towns  unitedly  have  employed  a  director  of 
occupational  guidance  and  placement  for  the  year  ending  on 
June  thirtieth,  a  warrant  shall,  upon  the  approval  of  the 
department,  be  drawn  upon  the  state  treasury  for  the  pay- 
ment of  an  amount  not  in  excess  of  that  which  a  town  may 
receive  under  the  provisions  of  part  one  of  chapter  seventy 
in  the  case  of  a  teacher.  The  amount  stated  in  the  warrant 
shall  be  apportioned  and  distributed  among  the  towns  em- 
ploying the  director  in  proportion  to  the  amount  expended 
by  them  for  his  salary. 

Section  38F.  A  director  of  occupational  guidance  and  Penalty, 
placement  who  accepts  any  commission,  fee,  compensation 
or  reward  of  any  kind  for  obtaining  a  position  for  any  per- 
son shall  be  punished  by  a  fine  of  not  more  than  five  hun- 
dred dollars,  and  upon  conviction  his  office  shall  immedi- 
ately become  vacant. 

Section  3.     The  supervisor  of  guidance  and  placement,  supervisor  to 
provided  by  section  one  of  this  act,  shall  be  the  agent  of    *  ^^^°  '  ^  '^' 
the  Massachusetts  board  for  the  promotion  of  opportunities 
for  young  people  during  the  period  of  existence  of  said 
board.  Approved  October  23,  1941. 


An  Act  providing  for  probation  officers  to  act  exclu-  Chav.^ll 

SIVELY  IN  juvenile  CASES  IN   CERTAIN  DISTRICT   COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  two  hundred  and  seventy-six  of  the  g.  l.  276. 
General  Laws  is  hereby  amended  by  inserting   after  sec-  "nsMted^'^' 
tion  eighty-three,  as  amended,  the  following  new  section:  — 


962 


Acts,  1941.— Chap.  678. 


Full-time 
probation 
officers  in 
Juvenile  cases 
to  be  ap-' 
pointed. 

Exception. 

Removal  of, 
etc. 


G.  L.  (Ter. 

Ed.),  276. 

S  97,  amended. 


Duties  of 
department 
of  public 
welfare  not 
a£fected. 


Section  83 A.  Such  district  courts  within  the  same  county 
as  may  be  designated  by  the  administrative  committee  of 
the  district  courts  may  join  in  the  appointment  of  one  or 
two  full-time  probation  officers  to  act  exclusively  in  juvenile 
cases  in  the  courts  so  joining;  provided,  that  this  provision 
shall  not  apply  to  the  municipal  court  of  the  city  of  Boston. 
Each  such  probation  officer  shall  be  appointed  by  the  jus- 
tices of  the  courts  so  joining,  with  the  written  approval  of 
said  administrative  committee,  which  committee  shall  con- 
sult the  board  of  probation  relative  thereto;  provided,  that 
if  a  majority  of  said  justices  fails  to  agree  in  the  selection  of 
a  person  for  appointment  as  such  probation  officer  within  a 
period  of  thirty  da3^s  after  such  designation  by  said  adminis- 
trative committee,  such  appointment  shall  be  made  by  said 
administrative  committee,  which  committee  shall  consult 
said  board  of  probation  relative  thereto.  Each  officer  ap- 
pointed under  this  section  shall  be  removable  for  cause  by 
the  justices  of  the  courts  for  which  such  appointment  was 
made;  provided,  that  no  such  officer  shall  be  removed  or 
discharged  from  office  unless  such  removal  or  discharge  shall 
be  approved  in  writing  by  said  administrative  committee 
after  consultation  with  said  board  of  probation  relative 
thereto.  The  justices  of  the  courts  for  which  a  probation 
officer  is  appointed  under  this  section  shall  fix  the  compen- 
sation of  such  officer,  subject  in  Suffolk  county  to  the  ap- 
proval of  said  administrative  committee  and  in  each  other 
county  to  the  approval  of  the  county  commissioners  thereof. 

The  provisions  of  law  applicable  to  probation  officers  ap- 
pointed under  section  eighty-three  shall,  so  far  as  they  may 
be  pertinent  and  not  inconsistent  herewith,  apply  to  proba- 
tion officers  appointed  hereunder.  In  any  case  in  which 
he  acts,  a  probation  officer  appointed  hereunder  shall  be 
deemed  to  be  a  probation  officer  of  the  court  in  which  the 
case  is  pending  and  such  court  shall  be  deemed  to  be  the 
court  by  which  he  is  appointed. 

Section  2.  Said  chapter  two  hundred  and  seventy-six 
is  hereby  further  amended  by  striking  out  section  ninety- 
seven,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  97. 
Sections  eighty-three  to  ninety-six,  inclusive,  shall  not 
authorize  a  probation  officer  to  interfere  with  any  of  the 
duties  required  of  the  department  of  public  welfare  under 
the  law  relative  to  juvenile  offenders. 

Approved  October  23,  1941. 


Chap.678  -^^  ^^'^  relative  to  the  laying,  construction,  mainte- 
nance AND  operation  OF  PIPE  LINES  FOR  CONVEYING 
PETROLEUM  AND  ITS  PRODUCTS  AND  BY-PRODUCTS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SECTION  1.    Chapter  thirty  of  the  General  Laws  is  hereby 

M4B??A8med.  amended  by  inserting  after  section  forty-four  A,  as  appear- 


Acts,  1941.  — Chap.  679.  963 

ing  in  the  Tercentenary  Edition,  the  following  new  section: 

—  Section  44B.    A  commissioner  or  head  of  a  state  depart-  Pipe  lines, 
ment  having  control  of  any  land,  water,  park,  reservation,  own'cdVrop^-* 
boulevard,  parkway  or  highway  of  the  commonwealth  or  of  ®'"*^  regulated. 
any  metropolitan  district  may,  in  the  name  of  the  common- 
wealth, subject  to  such  terms  and  conditions  as  he  may  deem 
advisable  and  subject  also  to  such  rules  and  regulations  as 

may  be  promulgated  by  the  department  of  public  safety, 
grant  to  any  person  the  right  to  lay,  construct,  maintain 
and  operate  pipe  lines  for  conveying  petroleum  or  the  prod- 
ucts or  by-products  thereof  through,  over,  across  or  under 
such  land,  water,  park,  reservation,  boulevard,  parkway  or 
highway,  and  in  connection  therewith  may  grant  permission 
to  any  such  person  to  dig  up,  open  or  tunnel  under  such 
land,  water,  park,  reservation,  boulevard,  parkway  or  high- 
way. 

Section  2.  Chapter  forty  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  inserting  after  section  forty-three,  as  so  appear-  new  '§  43a, 
ing,  the  following  new  section  under  the  following  heading:  inserted. 

—  PETROLEUM    AND    ITS    PRODUCTS   AND    BY-PRODUCTS.       SeC-  Laying,  etc., 

Hon  IfSA.  The  board  of  aldermen  or  the  selectmen  may,  Cnder  public 
subject  to  such  terms  and  conditions  as  they  may  deem  ad-  ^''y^- 
visable  and  subject  also  to  such  rules  and  regulations  as  may 
be  promulgated  by  the  state  department  of  public  safety, 
grant  to  any  person  the  right  to  lay,  construct,  maintain 
and  operate  pipe  lines  for  conveying  petroleum  or  the  prod- 
ucts or  by-products  thereof  through,  over,  across  or  under 
any  public  way,  other  than  a  way  referred  to  in  section  forty- 
four  B  of  chapter  thirty,  and  in  connection  therewith  may 
grant  permission  to  any  such  person  to  dig  up,  open  or 
tunnel  under  such  public  way. 

Approved  October  S3,  19/fl. 


An  Act  to  authorize   the   placing   of  the   office   of 
chief  of  the  fire  department  of  the  city  of  lowell 

under   THE    CIVIL    SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  office  of  chief  of  the  fire  department  of 
the  city  of  Lowell  shall,  upon  the  effective  date  of  this  act, 
become  subject  to  the  civil  service  laws  and  rules  and  regu- 
lations relating  to  permanent  members  of  fire  departments  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  said  city,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  October  23,  19/,1. 


Chap.Q79 


964  Acts,  1941.  — Chaps.  680,  681. 


Chap,680  ^^    ^CT    MAKING    CERTAIN    SUPPLEMENTAL    APPROPRIATIONS 

FOR    WORCESTER    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  county  of  Worcester  for  the  years  nineteen  hundred 
and  forty-one  and  nineteen  hundred  and  forty-two,  in  addi- 
tion to  the  sums  already  appropriated  by  section  one  of 
chapter  five  hundred  and  twenty-eight  of  the  acts  of  the 
current  year: 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1042. 

4     For  clerical  assistance  in  county  offices, 
including  two  additional  employees  in 
the  southern  registry  of  deeds  who  will 
begin   work  not  earlier  than  October 
first  of  the  current  year  and  one  fur- 
ther additional  employee  in  said  regis- 
try  who   will   begin   work   not   earlier 
than  January  first,   nineteen  hundred 
and  forty-two,  a  sum  not  exceeding 
6     For  salaries  of  jailers,  masters  and  assist- 
ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

19     For  training  school,  a  sum  not  exceeding  . 

Total  additional  sums  appropriated 
by  this  act  .... 

Section  2.  To  meet  the  appropriations  provided  in  sec- 
tion one  for  the  current  year  the  county  commissioners  shall, 
with  the  approval  of  the  director  of  accounts,  transfer  from 
the  appropriation  for  a  reserve  fund  to  the  items  increased 
by  said  section  one  the  amounts  necessary  therefor  but  not 
to  exceed  the  sums  so  appropriated. 

Section  3.  The  sums  appropriated  by  section  one  for 
the  year  nineteen  hundred  and  forty-two  shall  be  added  to 
the  amount  to  be  levied  as  the  county  tax  for  the  county 
of  Worcester  for  said  year  as  provided  by  section  one  of 
chapter  five  hundred  and  twenty-eight  of  the  current  year. 

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

Approved  October  23,  1941. 


C hap. 6S1  A.N  Act  relative  to  the  retirement  allowances  of 
certain  laborers,  foremen,  inspectors,  mechanics, 
drawtenders,  assistant  drawtenders  and  store- 
keepers   formerly    employed    by   the    city    of    fall 

RIVER. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  four  hundred  and  forty-one  of  the 
acts  of  nineteen  hundred  and  forty-one  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof 


.S700  00 

$7,200  00 

300  00 

930  00 

450  00 

1.230  00 

$1,450  00 

$9,360  00 

1 


Acts,  194L  — Chap.  082.  965 

the  following: — Section  1.  The  limitation  of  tlie  amount 
of  the  retirement  allowances  of  laborers,  foremen,  inspectors, 
mechanics,  drawtenders,  assistant  drawtenders  and  store- 
keepers formerly  in  the  employ  of  the  city  of  Fall  River, 
hereinafter  called  former  employees,  imposed  by  section 
one  of  chapter  two  hundred  and  seventy-eight  of  the  acts  of 
nineteen  hundred  and  twenty-four,  or  by  said  section  as 
amended  by  section  one  of  chapter  seventy-one  of  the  acts 
of  nineteen  hundred  and  thirty,  shall  not  restrict  the  retire- 
ment allowances  of  such  of  said  former  employees  as  were 
retired  by  said  city  thereunder  prior  to  January  first,  nine- 
teen hundred  and  thirty-eight. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  October  23,  1941. 


An  Act  relative  to  the  establishment,  powers  and  Chap. ^82 

DUTIES  OF  an  administrative  COMMITTEE  OF  THE  DIS- 
TRICT COURTS,  OTHER  THAN  THE  MUNICIPAL  COURT  OF 
THE   CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  5  43A,  eti.. 
forty-three  A,  as  amended  by  chapter  three  hundred  and  amended, 
twenty-four  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  Administrative 
tion  43 A.     There  shall  be  an  administrative  committee  of  d?sTri^t  c^o^u^L. 
the  district  courts,  other  than  the  municipal  court  of  the  Appointment 
city  of  Boston,  which  shall  consist  of  five  justices  of  such  of  members, 
district  courts,  appointed  by  the  chief  justice  of  the  supreme  Duties  of,  etc 
judicial  court,  each  for  a  period  not  exceeding  two  years  as 
said  chief  justice  may  determine.    Any  such  justice  may  be 
reappointed.     The  committee  shall  be  authorized  to  visit 
any  district  court,  other  than  the  municipal  court  of  the  city 
of  Boston,  or  any  trial  justice,  as  a  committee  or  by  sub- 
committee, to  require  uniform  practices,  to  prescribe  forms 
of  blanks  and  records,  and  to  superintend  the  keeping  of 
records  by  clerks  and  by  trial  justices.    The  committee  shall 
have  general  superintendence  of  all  the  district  courts,  other 
than  the  municipal  court  of  the  city  of  Boston,  and  their 
clerks  and  other  officers;    but,  except  as  otherwise  provided 
by  law,  shall  have  no  power  to  appoint  any  such  officers. 
The  committee  may  regulate  the  assignment  of  special  jus- 
tices in  such  district  courts,  determine  the  number  of  simul- 
taneous sessions  which  may  be  held  by  any  such  district 
court,  the  sittings  of  special  justices,  and,  subject  to  the 
provisions  of  section  fifteen,  shall  determine  the  times  for 
holding  criminal  and  civil  sessions.     Without  limiting  the 
generality  of  the  foregoing,   the   committee  shall  require 
records  to  be  kept  which  shall  be  available  to  the  general 
court  and  which  shall  show  the  hours  of  opening  and  adjourn- 
ing of  court  and  any  simultaneous  session  thereof  on  each 


966 


Acts,  1941.  — Chap.  683. 


Former  com- 
niittee  dis- 
Bolved. 


Effective 
date. 


(lay,  Uic  tiaiiies  of  (ho  jiislices  and  special  justices  holding 
court  or  a  simultaneous  session  thereof,  and  any  other  infor- 
mation which  may  generally  assist  in  the  determination  of  the 
nature  and  volume  of,  and  the  time  required  to  complete, 
all  work  done  by  any  of  such  district  courts. 

In  the  case  of  the  refusal  or  failure  of  any  justice  or  special 
justice,  clerk  or  officer  of  any  district  court,  other  than  the 
municipal  court  of  the  city  of  Boston,  to  comply  with  any 
order  of  the  committee  in  performance  of  its  duties  and 
powers  by  this  section  established,  the  committee  shall  report 
such  person  or  persons  to  the  chief  justice  of  the  supreme 
judicial  court  with  a  statement  of  such  non-compHance,  and, 
upon  a  finding,  made  after  a  hearing  by  said  chief  justice  or 
any  justice  of  the  supreme  judicial  court  to  whom  said  chief 
justice  may  refer  the  matter,  that  such  person  has  not  com- 
plied with  such  order  of  the  committee,  the  supreme  judicial 
court  shall  forthwith  make  an  appropriate  order  as  to  the 
matter  involved. 

The  members  of  the  committee  shall  be  allowed  their 
necessary  expenses,  including  clerical  expenses,  incurred  in 
the  performance  of  their  duties,  subject  to  the  approval  of 
the  governor  and  council,  and  shall  receive  such  compensa- 
tion for  their  services  actually  performed  in  the  work  of  such 
committee  as  the  governor  and  council  shall  approve,  to  be 
paid  from  the  state  treasury. 

To  promote  co-ordination  in  the  work  of  the  courts,  the 
administrative  committee  may  call  a  conference  of  any  or 
all  of  the  justices  of  the  district  courts,  including  the  munici- 
pal court  of  the  city  of  Boston,  or  other  officers  connected 
with  such  courts,  and  the  traveling  expenses  of  such  justices 
or  officers  for  attending  any  such  conferences  shall  be  paid 
as  the  other  expenses  of  their  respective  courts  are  paid. 

Section  1A.  Upon  the  appointment  of  a  new  adminis- 
trative committee  under  section  one  of  this  act  the  adminis- 
trative committee  of  district  courts,  existing  under  authoritj'^ 
of  section  forty-three  A  of  chapter  two  hundred  and  eighteen 
of  the  General  Laws,  as  heretofore  in  effect,  shall  cease  to 
exist.  So  far  as  the  provisions  of  this  act  are  the  same  as 
those  of  previously  existing  laws,  they  shall  be  deemed  to  be 
a  continuation  thereof. 

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

Approved  October  23,  1941. 


ChaV.QSS  ^^  ^^"^  ^^  ADDITION  TO  THE  GENERAL  APPROPRIATION  ACT 
MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CERTAIN  ITEMS 
CONTAINED  THI^REIN,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND    PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act,  and  for  certain  new  activi- 
ties and  projects,  the  sums  set  forth  in  section  two,  for 


Acts,  1941.  — Chap.  683.  967 

the  particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the  ap- 
proval thereof,  for  the  fiscal  year  ending  November  thirtieth, 
nineteen  hundred  and  forty-one,  and  for  the  fiscal  year  end- 
ing November  thirtieth,  nineteen  hundred  and  forty-two,  or 
for  such  other  period  as  may  be  specified. 
Section  2. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Legislative  Departineiit. 

0101-18  The  sum  of  seven  hundred  and  fifty 
dollars  is  hereby  transferred  from 
the  appropriation  for  the  fiscal 
year  nineteen  hundred  and  forty- 
one  contained  in  Item  0102-16  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
to  the  appropriation  for  said  fiscal 
year  contained  in  Item  0101-18 
of  said  chapter  four  hundred  and 
nineteen. 

0101-19  The  sum  of  two  thousand  dollars  is 
hereby  transferred  from  the  ap- 
propriation for  the  fiscal  year 
nineteen  hundred  and  forty-one 
contained  in  Item  0102-16  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
to  the  appropriation  for  said  fiscal 
year  contained  in  Item  0101-19 
of  said  chapter  four  hundred  and 
nineteen. 

0101-21  For  clerical  and  other  assistance  of 
the  house  committee  on  rules,  in- 
cluding not  more  than  one  perma- 
nent position,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .  $520  00  $1,040  00 

0102-01  For  traveling  and  such  other  ex- 
penses of  the  committees  of  the 
present  general  court  as  may  be 
authorized  by  order  of  either 
branch  of  the  general  court,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  1,100  00  - 

0102-02  For  printing,  binding  and  paper  or- 
dered by  the  senate  and  house  of 
representatives,  or  by  concurrent 
order  of  the  two  branches,  with 
the  approval  of  the  clerks  of  the 
respective  branches,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose,  and 
any  unexpended  balance  at  the 
end  of  the  fiscal  year  nineteen 
hundred  and  forty-one  shall  be 
available  in  the  fiscal  year  nine- 
teen hundred  and  forty-two  .        25,000  00  - 


968  Acts,  1941.  — Chap.  683. 

Appropriation        Appropriation 
Fiscal  Year  Fiacal  Year 

Item  1941.  1942. 

0102-09  For  office  and  other  expenses  of  the 
committee  on  rules  on  the  part  of 
the  house,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  $100  00 

0102-10  The  sum  of  fifty  dollars  is  hereby 
transferred  from  the  appropria- 
tion for  the  fiscal  year  nineteen 
hundred  and  forty-one  contained 
in  Item  0102-16  of  chapter  four 
hundred  and  nineteen  of  the  acts 
of  the  present  year  to  the  appro- 
priation for  said  fiscal  year  con- 
tained in  Item  0102-10  of  said 
chapter  four  hundred  and  nine- 
teen. 

0102-11  For  contingent  expenses  of  the  sen- 
ate and  house  of  representatives, 
and  necessary  expenses  in  and 
about  the  state  house,  with  the 
approval  of  the  sergeant-at-arms, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 1,000  00 

0102-12  For  telephone  service,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose       .         2,000  00 

Special: 
0102-21  For  certain  improvements  and  re- 
pairs of  the  house  chamber  in  the 
state  house  and  parts  of  the  lobby 
and  adjoining  rooms,  including 
replacement  of  equipment,  ae  au- 
thorized by  chapter  fifty-one  of 
the  resolves  of  the  present  year   .        15,000  00  - 

0213  For    additional    compensation    and 

travel  allowance  of  senators  dur- 
ing the  sitting  of  the  senate  as  a 
court  of  impeachment,  including 
compensation  in  the  amount  of 
four  hundred  dollars  for  each  of 
the  senators  for  his  services  as  a 
member  of  the  senate  sitting  as 
such  court,  and  a  travel  allowance 
for  each  of  the  senators  of  four 
and  one  half  cents  for  each  mile 
of  ordinary  traveling  distance 
from  his  place  of  abode  to  the 
state  house  and  return  for  each  of 
the  days  on  which  a  session  was 
held  by  the  senate  sitting  as  such 
court,  or  a  travel  allowance  of  one 
hundred  dollars  for  each  of  the 
senators,  whichever  is  the  larger       21,000  00 

0214  For  expenses  of  the  senate  in  con- 

nection with  a  certain  impeach- 
ment, as  authorized  by  the  order 
adopted  by  the  senate  on  July 
twenty-fifth  of  the  present  year        15,000  00  - 

0215  For    expenses,    compensation    and 

travel  allowance  of  the  board  of 
managers  of  the  house,  appointed 


Acts,  1941.  — Chap.  683.  969 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

under  the  provisions  of  the  order 
adopted  by  the  house  on  June 
twenty-fourth  of  the  present  year 
to  prosecute  a  certain  impeach- 
ment, to  be  expended  with  the 
approval  of  the  speaker  of  the 
house,  including  compensation  in 
the  amount  of  four  hundred  dol- 
lars for  each  of  the  members  of 
said  board  for  his  services  as  such 
member,  and  a  travel  allowance 
for  each  of  said  members  of  four 
and  one  half  cents  for  every  mile 
of  ordinary  traveling  distance 
from  his  place  of  abode  to  the 
state  house  and  return  for  each  of 
the  days  on  which  a  session  for  the 
trial  of  said  impeachment  was 
X  held  by  the  senate,  or  a  travel  al- 

lowance of  one  hundred  dollars 
for  each  such  member,  whichever 
is  the  larger       ....      $15,000  00 


Totals $95,720  00  $1,040  00 


Service  of  Legislative  Investigations. 

0204  For    continuing    the    investigation 

relative  to  transportation  facili- 
ties, as  authorized  by  chapter 
forty-three  of  the  resolves  of  the 
present  year,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .      $10,000  (H) 

0210  For  an  investigation  and  study  rela- 

tive to  the  civil  service  laws  and 
rules  and  regulations  of  the  com- 
monwealth, as  authorized  by 
chapter  thirty-six  of  the  resolves 
of  the  present  year     .  .  2,500  DO 

0217  For  an  investigation  and  study  of 

the  criminal  laws  of  the  common- 
wealth and  of  drafting  a  penal 
code,  as  authorized  by  chapter 
forty-eight  of  the  resolves  of  the 
present  year      ....  500  00 

0218  For  an  investigation  relative  to  the 

establishment  of  an  administra- 
tive court,  as  authorized  by  chap- 
ter forty-nine  of  the  resolves  of 
the  present  year         .  .  500  00 

0219  For  a  study  relative  to  the  distribu- 

tion of  federal  funds  for  the  bene- 
fit of  agriculture,  as  authorized  by 
chapter  fifty-six  of  the  resolves  of 
the  present  year  .  300  00 

0220  For  an  investigation  and  study  rela- 

tive to  laws  relating  to  alcohol 
and  alcoholic  beverages  and  to 
common  victuallers,  as  authorized 
by  chapter  sixty  of  the  resolves  of 
the  present  year         .         .         .         3,000  00 


970  Acts,  1941.  — Chap.  683. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

0221  For  an  investigation  and  study  of 

group  insurance,  so  called,  for 
public  employees,  as  authorized 
by  chapter  sixty-five  of  the  re- 
solves of  the  present  year    .  .  $.500  00 

0222  For  an  investigation  relative  to  the 

retirement  systems  of  the  common- 
wealth and  of  the  political  subdi- 
visions thereof,  as  authorized  by 
chapter  sixty-six  of  the  resolves  of 
the  present  year  .  .  2,500  00 

0223  For  an  investigation  and  study  of 

certain  practices  in  the  fish  indus- 
try and  other  matters,  as  author- 
ized by  chapter  sixty-seven  of  the 
resolves  of  the  present  year  and 
an  order  of  the  present  general 
court 0,000  00 

0224  For  an  investigation  and  study  rela- 

tive to  junior  colleges,  as  author- 
ized by  chapter  seventy  of  the  re- 
solves of  the  present  year    .  .  1,000  00  - 

0225  '         For  an  investigation  and  study  rela- 

tive to  certain  standards  for  tene- 
ments and  other  dwellings  affect- 
ing the  health  and  well  being  of 
persons  residing  therein,  and  to 
other  matters,  as  authorized  by 
chapter  seventy-one  of  the  re- 
solves of  the  present  year    .  .  500  00  - 

0226  For  an  investigation  relative  to  the 

cost  of  and  admissions  to  county 
tuberculosis  hospitals,  as  author- 
ized by  chapter  six  hundred  and 
sixteen  of  the  acts  of  the  present 
year  .  .  .  .  .  500  00  .    - 


Total $26,800  00 


Service  of  the  Judicial  Department. 

Probate  and  Insolvency  Courts: 

0305-02  For  the  compensation  of  judges  of 
probate  when  acting  for  other 
judges  of  probate,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  .  -  $2,000  00 

0306-14  For  clerical  assistance  to  the  regis- 
ter of  probate  and  insolvency  of 
Nantucket  county      ...  $76  00  160  00 

Land  Court: 
0308-02  For  engineering,  clerical  and  other 
personal  services,  including  not 
more  than  twenty-two  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  1,350  00 

Totals $75  00  $3,500  00 


Acts,  1941.  — Chap.  683.  971 

Appropriation        Appropriation 
Fiscal  Year  Fiacal  Year 

Item  1941.  1942. 

Service  of  the  Executive  Department. 

Item  0401-28  of  chapter  four  hun- 
dred and  nineteen  of  the  acts 
of  the  present  year  is  hereby 
amended  by  striking  out  the 
words  "For  expenses  incurred  in 
the  arrest  of  fugitives  from  jus- 
tice, and  any  unexpended  balance 
remaining  at  the  end  of  the  fiscal 
year  nineteen  hundred  and  forty- 
one  may  be  used  in  the  fiscal  year 
nineteen  hundred  and  forty-two  ", 
and  inserting  in  place  thereof  the 
words  "  For  payment  in  the  fiscal 
year  nineteen  hundred  and  forty- 
one  or  nineteen  hundred  and 
forty-two  of  reward  to  person  or 
persona  giving  information  lead- 
ing to  the  apprehension  of  John 
F.  Dowd,  former  sheriff  of  Suf- 
folk County". 
0401-40  For  a  reserve  for  expenses  during 
the  fiscal  year  nineteen  hundred 
and  forty-two  arising  from  con- 
stantly increasing  commodity 
costs,  the  sum  of  four  hundred 
thousand  dollars  is  hereby  trans- 
ferred from  the  appropriation  for 
the  fiscal  year  nineteen  hundred 
and  forty-two  contained  in  Item 
1907-10  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the 
present  year. 

The  head  of  any  department  or  of 
any  agency  of  the  commonwealth 
may  make  written  application  to 
the  commission  on  administration 
and  finance  for  additional  funds 
to  be  paid  from  this  item  to  meet 
expenses  in  such  department  or 
agency  arising  during  the  said 
year  from  increased  commodity 
costs.  Upon  receipt  of  such  ap- 
plication, said  commission  shall 
investigate  the  need  for  such  ad- 
ditional funds  and  shall  forthwith 
advise  the  governor  in  writing  of 
all  pertinent  facts  relative  thereto ; 
and,  at  the  same  time,  the  com- 
mission shall  recommend  in  writ- 
ing whether,  in  its  opinion,  addi- 
tional funds  should  be  made 
available  and,  if  so,  in  what 
amount. 

Upon  receipt  of  such  recommenda- 
tion, the  governor,  with  the  advice 
and  consent  of  the  council,  may 
direct  the  comptroller  to  transfer 
from  this  item  to  said  department 
or  agency  such  amount  as  the 
governor  may  find  to  be  needed 
to  meet  such  increase  in  expenses. 


972  Acts,  1941. —  Chap.  683. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  State  Quartermaster. 

0405-01  For  personal  services  of  the  state 
quartermaster,  superintendent  of 
arsenal  and  certain  other  em- 
ployees of  the  state  quartermas- 
ter, including  not  more  than  eight 
permanent  positions,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  -  $1,000  00 

Service  of  the  Armory  Conunission. 

Special: 
0409-25  For  the  acquisition  of  certain  land 
for  armory  purposes  in  the  city 
of  Lowell,  as  authorized  by  chap- 
ter five  hundred  and  fifty  of  the 
acts  of  the  present  year      .  .        $2,000  00 


Service  of  the  Commission  on  Administration  and  Finance. 

0415-05  For  other  expenses  incidental  to  the 
duties  of  the  commission,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        $5,000  00 

0415-10  For  telephone  service  in  the  state 
house  and  expenses  in  connection 
therewith,  to  be  in  addition  to  any 
amoimt  heretofore  appropriated 
for  the  purpose  .  .  .  1,000  00 


Total $6,000  00 

Purchase  of  paper: 
0416  11  For  the  purchase  of  paper  used  in 
the  execution  of  the  contracts  for 
state  printing,  other  than  legis- 
lative, with  the  approval  of  the 
commission  on  administration  and 
finance,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  $10,000  00 

Central  Mailing  Room: 

0415-12     For  personal  services  of  the  central 
mailing  room,  including  not  more 

than  eight  permanent  positions    .  -  - 

The  sums  appropriated  by  Item 
0416-07  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the 
present  year  are  hereby  trans- 
ferred to  this  item. 

0415-13     For  office  and  other  expenses  of  the 

central  mailing  room  .  .  -  - 

The  sums  appropriated  by  Item 
0416-15  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the 
present  year  are  hereby  trans- 
ferred to  this  item. 


Acts,  1941.  — Chap.  683. 


973 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1042. 


Service  of  the  State  Superintendent  of  Buildings. 

0416-01  For  personal  services  of  the  super- 
intendent and  office  assistants, 
including  not  more  than  five  per- 
manent positions,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose  $M('>  (H) 

0416-02  For  personal  services  of  engineers, 
assistant  engineers,  firemen  and 
helpers  in  the  engineer's  depart- 
ment, including  not  more  than 
forty- four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     .....  2,974  50 

0416-03  For  personal  services  of  capitol 
police,  including  not  more  than 
twenty-sixypermanent  positions, 
to  be  in  addition  to  any  amount' 
heretofore  appropriated  for  the 
purpose     .  .  .  .  .  337  50 

0416-04  For  personal  services  of  janitors,  in- 
cluding not  more  than  twenty- 
one  permanent  positions,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  712  50 

0416-05  For  other  personal  services  inciden- 
tal to  the  care  and  maintenance 
of  the  state  house  and  of  the  Ford 
building,  so-called,  including  not 
more  than  eighty  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  1,669  60 

Other  Annual  Expenses: 
0416-13  For  services,  supplies  and  equip- 
ment necessary  to  furnish  heat, 
light  and  power,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose  .  2,200  00 
0416-14  For  other  services,  supplies  and 
equipment  necessary  for  the  main- 
tenance and  care  of  the  state 
house  and  grounds  and  of  the  Ford 
building,  so-called,  including  re- 
pairs of  furniture  and  equipment, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose (5.000  00 

Special : 

0416-26  For  certain  improvements  in  the 
heating  and  ventilating  system 
of  the  House  chamber,  so-called, 
in  the  state  house,  including  the 
cost  of  purchase  and  installation 
.  of  equipment     ....  6,000  00 

0416-31  (This  item  combined  with  Items 
0416-01.  0416-02,  0416-03,  0416- 
04,  0416-05.) 


$l,'>.50  00 


14,280  00 


1,620  00 


3,420  00 


9.030  00 


8.500  00 


7,500  00 


974 


Acts,  1941.  —  Chap.  683. 


Item 
0416-32 


0416-33 


0416-34 


Appropriation 

Fiscal  Year 

1941. 


(This    item    combined    with    Item 

0416-13.) 
(This    item    combined    with    Item 

0416-14.) 

Special : 
For    certain    alterations    and    im- 
provements in  the  Ford  building, 
so-called,  including  painting 

Totals 


Appropriation 

Fiscal  Year 

1942. 


$9,600  00 
$29,740  00 


145,800  00 


0419-01 


0419-02 


Service  of  the  State  Planning  Board. 

The  appropriations  authorized  by 

the  following  two  items  shall  be 

available    for    expenditure    in 

exercising  and  performing  the 

powers  and  duties  of  the  state 

planning  board,  including  the 

former  powers  and  duties  of  the 

division  of  metropolitan  plan- 
ning transferred  to  said  board 

under  the  provisions  of  chapter 

four  hundred  and  sixty-six  of 

the   acts  of  nineteen  hundred 

and  forty-one: 
For  personal  services  of  secretary, 
chief  engineer,  and  other  assist- 
ants, including  not  more  than 
fourteen  permanent  positions,  to 
be  in  addition  to  any  amount 
heretofore    appropriated   for    the 

purpose $9,800  00 

For  services  other  than  personal,  in- 
cluding rent  of  offices,  travel,  and 
office  supplies  and  equipment,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     .  .  .'         . 


Totals  . 


1,050  00 
$10,850  00 


$41,010  00 


13.500  00 
$54,510  00 


Service  of  the  Art  Commission. 

0424-01  For  expenses  of  the  commission,  to 
be  in  addition  to  any  amoujit 
heretofore  appropriated  for  the 
purpose $500  00 

Service  of  the  Ballot  Law  Cominission. 

0425-01  For  compensation  of  the  commis- 
sioners, including  not  more  than 
three  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        $1,000  00 

0426-02  For  expenses,  including  travel,  sup- 
plies and  equipment,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose       .  200  00 


Total 


$1,200  00 


Acts,  1941.— Chap.  683. 


975 


Item 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

FiBoal  Year 

1942. 


Service  of  the  Soldiers'  Home  in  Massachusetts. 
0430-00     (This  item  deferred.) 


For  Expenses  on  Account  of  Wars. 

0441-03  For  expenses  of  the  Grand  Army 
of  the  Republic,  Department  of 
Massachusetts,  as  authorized  by 
chapter  thirty-one  of  the  resolves 
of  the  present  year,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  .        $1,000  00 

0441-08  For  expenses  in  connection  with  the 
national  convention  of  the  Army 
and  Navy  Legion  of  Valor  of  the 
United  States,  as  authorized  by 
chapter  thirty-two  of  the  resolves 
of  the  present  year     ... 


Totals 


$1,600  00 


$1,600  00 


1,000  00 
$2,600  00 


Service  of  the  Massachusetts  Aeronautics  Commissien. 

0442-01  For  personal  services  of  employees, 
including  not  more  than  three 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose  $220  00 


$1,320  00 


Service  of  the  Industrial  Committee  for  National  Defense, 

0460-01  For  personal  services  and  for  ad- 
ministrative expenses,  including 
office  rent  and  other  incidental 
expenses.  No  part  of  the  appro- 
priation herein  authorized  shall 
be  available  for  the  salaries  of 
positions  on  a  permanent  basis, 
and  persons  employed  by  said 
committee  shall  not  be  subject  to 
the  civil  service  laws  or  the  rules 
and  regulations  made  thereunder, 
but  their  employment  and  salary 
rates  shall  be  subject  to  the  rules 
and  regulations  of  the  division  of 
personnel  and  standardization. 
Further  activities  of  the  commit- 
tee shall  terminate  whenever,  in 
the  opinion  of  the  governor,  its 
continuation  is  no  longer  required 
in  the  best  interests  of  the  com- 
monwealth. For  the  fiscal  year 
nineteen  hundred  and  forty-two, 
the  sum  of  fourteen  thousand  one 
hundred  and  twenty  dollars  is 
hereby  transferred  from  the  ap- 
propriation for  said  fiscal  year 
contained  in  Item  1603-02  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
to  this  item. 

0460-02     (This    item    combined    with    Item 
0460-01.) 


976  Acts,  1941. —Chap.  683. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Secretary  of  the  Commonwealth. 

For  printing  laws,  etc.: 

0503-01  For  printing  and  distributing  the 
pamphlet  edition  and  for  printing 
and  binding  the  blue  book  edition 
of  the  acta  and  resolves  of  the 
present  year,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .        $2,000  00 

0503-02  For  the  printing  of  reports  of  de- 
cisions of  the  supreme  judicial 
court,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  271  52 

For  matters  relating  to  elections: 

0504-01  For  personal  and  other  services  in 
preparing  for  primary  elections, 
including  not  more  than  one  per- 
manent position,  and  for  the  ex- 
penses of  preparing,  printing  and 
distributing  ballots  for  primary 
and  other  elections,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  -  $60,000  00 

0504-03  For  furnishing  cities  and  towns  with 
ballot  boxes,  and  for  repairs  to  the 
same;  for  the  purchase  of  appa- 
ratus to  be  used  at  poUing  places 
in  the  canvass  and  counting  of 
votes;  and  for  providing  certain 
registration  facilities,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  850  00  1 ,5(10  00 

0504-04  For  expenses  of  publication  of  lists 
of  candidates  and  forms  of  ques- 
tions before  state  elections,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose    -  6,000  00 

0504-07  For  expenses  of  compiling  and  pub- 
lishing information  to  voters,  as 
required  by  section  fifty-three  of 
chapter  fifty-four  of  the  General 
Laws,  as  appearing  in  the  Ter- 
centenary Edition  thereof  .  .  -  80,200  00 


Totals $3,121  52        $146,700  00 

Medical  Examiners'  Fees: 
0505  01     For  medical  examiners'  fees,  as  pro- 
vided by  law,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .  $100  00  - 

Service  of  the  Treasurer  and  Receiver-General. 

0601-02     (This  item  omitted.) 

0601-03  For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .  -  $500  00 


Acts,  1941.  —  Chap.  683.  977 


Appropriation         Appropriation 

Fiscal  Year  Fiscal  Year 

1941.  1942 


State  Board  of  Retirement: 
0604-02  For  services  other  than  personal, 
printing  the  annual  report,  and 
for  office  supplies  and  equipment, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $500  00 

Item  0604-03  of  chapter  four  hun- 
dred and  nineteen  of  the  acts 
of  the  present  year  is  hereby 
amended  by  adding  at  the  end 
thereof  the  following: 
"The  board  of  retirement  is  hereby 
authorized  and  directed  to  trans- 
fer from  any  surplus  interest  ac- 
count to  the  annuity  reserve  fund 
the   sum   of   thirty-six   thousand 
three    hundred     fifty-eight     dol- 
lars and  twenty-three  cents  in  the 
fiscal  year  nineteen  hundred  and 
forty-one,     notwithstanding    the 
provision  of  paragraph  (9)  of  sec- 
tion five  A  of  chapter  thirty-two 
of  the  General  Laws,  as  inserted 
therein  by  section  one  of  chapter 
four  hundred  and  thirty-nine  of 
the  acts  of  nineteen  hundred  and 
thirty-eight." 


Totals $500  00  $500  00 

Service  of  the  Auditor  of  the  CommonueaWi. 

1701-02  For  personal  services  of  deputies 
and  other  assistants,  including 
not  more  than  twenty-three  per- 
manent positions,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  same  pur- 
poses          $1,000  00  $1,000  00 

0701  03  For  services  other  than  personal, 
travehng  expenses,  office  supplies 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .  500  00  600  00 


Totals $1,500  00  $1,500  00 

Service  of  the  Attorney  General's  Deparlvient. 

0801-02  For  the  compensation  of  assistants 
in  his  office,  and  for  such  other 
legal  and  personal  services  as  may 
be  required,  including  not  more 
than  thirty-six  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  $5,000  00 

0801-03  For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose       .  .  $300  00  1,000  00 


978 


Acts,  1941.  — Chap.  683. 


Item 
0802-01 


Appropriation 

Fiscal  Year 

1941. 


For  the  settlement  of  certain  claims, 
as  provided  by  law,  on  account 
of  damages  by  cars  owned  by  the 
commonwealth  and  operated  by 
state  employees,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose 

Totals 


AppropriatioD 

Fiscal  Year 

1942. 


$1,000  00 
$1,300  00 


$1,000  00 
$7,000  00 


Service  of  the  Departvient  of  Agriatllnre. 

Division  of  Dairying  and  Animal 
Husbandry: 

0905  01  For  personal  services,  including  not 
more  than  five  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  $480  00 

0905-02  For  other  expenses,  including  the 
enforcement  of  the  dairy  laws  of 
the  commonwealth,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose       .  200  00 

0905-03  For  administering  the  law  relative 
to  the  inspection  of  barns  and 
dairies  by  the  department  of  agri- 
culture, including  not  more  than 
eight  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose ..... 


$480  00 


200  00 


Totals 


1,000  00 
$1,680  00 


1.000  00 
$1,680  00 


Milk  Control  Board: 
0906-01  For  personal  services  of  members  of 
the  board  and  their  employees, 
including  not  more  than  thirty- 
five  permanent  positions,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  $38,590  00 
0906-02  For  other  administrative  expenses 
of  the  board,  including  office  ex- 
penses, rent,  travel  and  special 
services,  and  including  not  more 
than  two  permanent  positions,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 23,700  00 

Total $62,290  00 


Division  of  Plant  Pest  Control 
and  Fairs: 
0909-02     For  travel  and  other  expenses,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 


$200  00 


State  Reclamation  Board: 
0910-01     For  expenses  of  the  board,  including 
not   more   than   five   permanent 


Acts,  1941.— Chap.  683.  979 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  $500  00  - 


Total $700  00 


Service  of  the  Department  of  Conservation. 

Division  of  Forestry: 

1002-11  For  aiding  towns  in  the  purchase  of 
equipment  for  extinguisliing  for- 
est fires  and  for  making  protective 
belts  or  zones  as  a  defence  against 
forest  fires,  for  the  fiscal  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two  and  for  previous  years,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  $o00  OU  $500  00 

1004-43  The  sum  of  three  thousand  dollars 
is  hereby  transferred  from  the 
appropriation  for  the  fiscal  year 
nineteen  hundred  and  forty-one 
contained  in  Item  1004-31  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
to  the  appropriation  for  said  fiscal 
year  contained  in  Item  1004-43 
of  said  chapter  four  hundred  and 
nineteen,  and  it  is  hereby  pro- 
vided that  the  appropriation  for 
the  fiscal  year  nineteen  hundred 
and  forty-two  contained  in  said 
Item  1004-43  is  in  addition  to  any 
amount  appropriated  for  the  same 
purpose  for  the  fiscal  year  nine- 
teen hundred  and  forty-one. 

Special : 

1002-51  For  the  purchase  of  certain  land  in 
the  town  of  Charlemont,  as  au- 
thorized by  chapter  five  hundred 
and  one  of  the  acts  of  the  present 
year 4,500  00 

1002-52  For  expenses  of  the  State  Advisory 
Forest  Committee,  as  authorized 
by  chapter  five  hundred  and  forty- 
four  of  the  acts  of  the  present  year  -  3,000  00 
For  screening  the  outlet  and  spill- 
way of  the  East  Otis  Reservoir, 
BO-called,  in  the  town  of  Otis,  in- 
cluding the  cost  of  purchase  and 
installation  of  equipment,  as  au- 
thorized by  chapter  five  hundred 
and  seventy-two  of  the  acts  of  the 
present  year,  the  sum  of  tliirty- 
five  hundred  dollars  is  hereby 
transferred  from  the  appropria- 
tion for  the  fiscal  year  nineteen 
hundred  and  forty-one  contained 
in  Item  1004-32  of  chapter  four 
hundred  and  nineteen  of  the  acta 


980  Acts,  1941.  — Chap.  683. 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

of  the  present  year  to  this  item 
for  the  fiscal  year  nineteen  hun- 
dred and  forty-one. 

Division  of  Marine  Fisheries: 

1004-71     (This  item  omitted.) 

1004-72  For  services  other  than  personal, 
traveling  expenses,  necessary  of- 
fice supplies  and  equipment,  and 
rent,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  $500  00 

Enforcement  of  shellfish  and  other 
marine  fishery  laws: 

1004-81  For  personal  services  for  the  admin- 
istration and  enforcement  of  laws 
relative  to  shellfish  and  other  ma- 
rine fisheries,  and  for  regulating 
the  sale  and  cold  storage  of  fresh 
food  fish,  including  not  more  than 
sixteen  permanent  positions  of 
which  not  more  than  five  shall  be 
food  inspectors  regulating  the  sale 
and  cold  storage  of  fresh  food  fish, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     .....  246  85  - 

1004-84  For  the  cost  of  assisting  coastal 
cities  and  towns  in  the  propaga- 
tion of  food  fish  and  the  suppres- 
sion of  enemies  thereof,  as  author- 
ized by  section  twenty  of  chapter 
one  hundred  and  thirty  of  the 
General  Laws,  inserted  therein  by 
section  one  of  chapter  five  hun- 
dred and  ninety-eight  of  the  acts 
of  the  present  year,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose  -  $1,000  00 

1004-90  For  services  and  expenses  of  the 
Atlantic  States  Marine  Fisheries 
Commission,  as  authorized  by 
chapter  four  hundred  and  eighty- 
nine  of  the  acts  of  the  present  year  -  2,500  00 


Totals $5,746  85  $7,000  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 
1103-02  For  other  personal  services  of  the 
division,  including  expenses  of  the 
board  of  appeal  and  certain  other 
costs  of  supervising  motor  vehicle 
liability  insurance,  and  including 
not  more  than  one  hundred  and 
fifty-seven  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $2,790  00  $12,740  00 


Acts,  1941.  —  Chap.  683.  981 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

1103-03  For  other  servicea,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  ofBce  sup- 
plies and  equipment  and  rent  of 
offices,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .        $2,000  00  $3,000  00 

Totals $4,790  00  $15,740  00 

Service  of  the  Department  of  Corporations  and  Taxation. 
1201-03     (This  item  omitted.) 

Reimbursement  for  loss  of  taxes: 
1201-05  For  reimbursing  cities  and  towns 
for  loss  of  taxes  on  land  used 
for  state  institutions  and  certain 
other  state  activities,  as  certified 
by  the  commissioner  of  corpora- 
tions and  taxation  for  the  years 
nineteen  hundred  and  forty-one 
and  nineteen  hundred  and  forty- 
two,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  $5  52  $2,000  00 

Administration  of  new  taxes: 

1201-11  For  personal  services  for  the  admin- 
istration of  certain  laws  levying 
new  taxes,  including  not  more 
than  thirty  permanent  positions 
in  the  fiscal  year  nineteen  hun- 
dred and  forty-one  and  not  more 
than  thirty-six  permanent  posi- 
tions in  the  fiscal  year  nineteen 
hundred  and  forty-two,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        20,000  00  fi],7H0  00 

1201-12  For  expenses  other  than  personal 
services  for  the  administration  of 
certain  laws  levying  new  taxes, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 4,000  00  18,30(t  00 

Income  Tax  Division   (the  three 

following  appropriations  are  to 

be  made  from  the  receipts  from 

the  income  tax) : 
1202  -01  For  personal  services  of  the  director, 
assistant  director,  assessors,  dep- 
uty assessors,  clerks,  stenogra- 
phers and  other  necessary  assist- 
ants, including  not  more  than 
two  hundred  and  sixty-three  per- 
manent positions,  to  be  in  addi- 
tion  to   any    amount   heretofore 

appropriated  for  the  purpose  2,000  00  3,000  00 

1202-02  For  services  other  than  personal, 
and  for  traveling  expenses,  office 
Bupplies  and  equipment,  and  rent. 


982  Acts,  1941. —  Chap.  683. 

Appropriation        Appropriation 
.   Fiscal  Year  FucaJ  Year 

Item  1941.  1942. 

to  be  in  addition  to  any  amount 
heretofore    appropriated   for   the 

purpose $7,500  00  $3,600  00 

1202-21  For  expenses  in  connection  with  cer- 
tain bonds  filed  in  the  state  of 
Texas,  and  for  legal  fees,  to  per- 
mit suit  in  that  state  to  recover 
judgment  against  Edgar  B.  Davis 
in  relation  to  an  unpaid  income 
tax,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .        10,000  00  26,661  34 


Totals $43,505  52       8114.111  34 

Appellate  Tax  Board: 

1204-01  For  personal  services  of  the  mem- 
bers of  the  board  and  employees, 
including  not  more  than  twenty- 
five  permanent  positions,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  $725  00  $550  00 

1204-02  For  services  other  than  personal, 
traveling  expenses,  office  supplies 
and  equipment,  and  rent,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  pur- 
pose; provided,  that  the  amount 
appropriated  for  the  rental  of  ad- 
ditional temporary  space  in  the 
metropolitan  district  commission 
building  shall  be  for  such  rental 
during  the  fiscal  year  nineteen 
hundred  and  forty-two  only         .  -  6,850  00 


Totals $726  00  $6,400  00 

Service  of  the  Department  of  Education. 

1301-02     For    personal    services    of    officers, 

agents,  clerks,  stenographers  and 

other    assistants,    including    not 

more    than    forty-six    permanent 

positions,  but  not  including  those 

employed  in  university  extension 

work,  to  be  in  addition  to  any 

amount   heretofore   appropriated 

for  the  purpose  ...  -  $5,500  00 

1301-04     For   services   other   than   personal, 

necessary  office  supplies,  and  for 

printing   the   annual   report   and 

bulletins  as  provided  by  law,  to 

be   in    addition   to    any  amount 

heretofore   appropriated   for   the 

purpose $500  00  000  00 

Special : 
1301-24  For  printing  and  sale  of  the  report 
of  a  study  relative  to  educational 
and  employment  problems  affect- 
ing the  youth  of  the  common- 
wealth, as  authorized  by  chapter 
twenty-two  of  the  resolves  of  the 
present  year       ....  542  00  - 


Acts,  1941.  — Chap.  683. 


983 


lUm 


1301-31 


1301-32 


Division  of  Vocational  Education : 
For  the  training  of  teachers  for  vo- 
cational schools,  to  comply  with 
the  requirement  of  federal  au- 
thorities under  the  provisions  of 
the  Smith-Hughes  act,  so  called, 
including  not  more  than  twenty 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose 
For  the  expenses  of  promotion  of  vo- 
cational rehabilitation  in  co-oper- 
ation with  the  federal  government, 
including  not  more  than  fifteen 
permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose 


A  ptiropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$1,000  00 


$1,500  00 


3,000  00 


Reimbursement  and  aid: 
1301-54  For  the  reimbursement  of  certain 
cities  and  towns  for  a  part  of  the 
expenses  of  maintaining  agricul- 
tural and  industrial  vocational 
schools,  as  provided  by  law,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 
1301-65     (This  item  omitted.) 


79,639  96 


Division     of     Immigration     and 
Americanization : 
1302-02     For  other  expenses,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose 


800  00 


800  00 


Division  of  Public  Libraries: 
1303-02  For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  office  supplies 
and  expenses  incidental  to  the 
aiding  of  public  libraries,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 


900  00 


Division  of  the  Blind: 
1304-05  For  the  maintenance  of  certain  in- 
dustries for  men,  to  be  expended 
under  the  authority  of  said  divi- 
sion, including  not  more  than  six 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose 


4,000  00 


Teachers'  Retirement  Board: 
1305-02  For  services  other  than  personal,  in- 
cluding printing  the  annual  re- 
port, traveling  expenses,  office 
supplies  and  equipment,  and  rent, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose  .... 
130&-05     (This  item  omitted.) 


750  00 


984 


Acts,  1941. —Chap.  683. 


Item 


1306-10 


1310-34 


1314-21 


1341-00 


1341-95 


1341-96 


1341-97 


Massachusetts  Nautical  School: 
For  the  maintenance  of  the  school 
and  ship,  including  not  more  than 
tliirty-one  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

For  the  maintenance  of  and  for 
certain    improvements    at    the 
state  teachers'  colleges,  and  the 
boarding  halls  attached  thereto, 
with  the  approval  of  the  com- 
missioner of  education,  as  fol- 
lows: 
For   certain   repairs   and   improve- 
ments to  the  president's  house  at 
the    state    teachers'    college    at 
Hyannis   ..... 

State  teachers'  college  at  Westfield, 
boarding  hall,  including  not  more 
than  one  permanent  position,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose  .... 

Massachusetts  State  College: 
For  maintenance  and  current  ex- 
penses of  the  Massachusetts  state 
college,  with  the  approval  of  the 
trustees,  including  not  more  than 
four  hundred  and  eighty-one  per- 
manent positions,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose 

Specials: 

For  certain  alterations  and  improve- 
ments to  the  electrical  supply 
system,  including  the  cost  of  pur- 
chase and  installation  of  a  new 
power  line  and  transformers 

For  rebuilding  a  certain  dairy  barn 
destroyed  by  fire,  including  equip- 
ment        ..... 

For  expenses  of  research  work  in 
connection  with  the  cultivation  of 
beach  plums,  as  authorized  by 
chapter  five  hundred  and  thirty- 
four  of  the  acts  of  the  present  year 

Totals 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$Ar,i)  (K) 


$r,,t',FA)  Ol) 


1,500  00 


450  00 


7,000  00 


23,000  00 


15,000  00 


20,000  00 


600  00 


$52,442  00        $120,939  96 


Service  of  the  Department  of  Ciiril  Service  and  Reijistration. 

Division  of  Civil  Service: 
1402-02  For  other  personal  services  of  the 
division,  including  not  more  than 
one  hundred  and  five  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .         .  -  $6,120  00 


Acts,  1941. —  Chap.  683.  985 

Appropriation         Appropriation        • 
FiacaJ  Year  FiscaJ  Year 

Item  1941.  1942. 

Division  of  Registration: 

1403-02  For  clerical  and  certain  other  per- 
sonal services  of  the  division,  in- 
cluding not  more  than  thirty-six 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose       .  -  $5,880  00 

1403-03  For  services  of  the  division  other 
than  personal,  printing  the  annual 
reports,  office  suppUes  and  equip- 
ment, except  as  otherwise  pro- 
vided, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  7,40()  O't 

Board  of  Registration  in  Phar- 
macy: - 
1407  02  For  personal  services  of  agents  and 
investigators,  including  not  more 
than  four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose -  180  00 

Board  of  Registration  in  Nursing: 

1408-01  For  personal  services  of  the  mem- 
bers of  the  board,  and  of  the  ap- 
pointive members  of  the  approv- 
ing authority,  including  not  more 
than  ten  permanent  positions,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose -  1,470  00 

140802  For  traveling  expenses,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose       .  -  700  00 

Board  of  Registration  of  Barbers: 
1420-02  For  travel  and  other  necessary  ex- 
penses, including  rent,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose        $3,600  00  1,250  00 


Totals $3,600  00  $23,000  00 


Service  of  the  Department  of  Industrial  Accidents. 

1501-03  For  traveling  expenses,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  $200  00  $200  00 


Service  of  the  Department  of  Labor  and.  Industries. 

1601-61  For  clerical  and  other  assistance  for 
the  board  of  conciliation  and  arbi- 
tration, including  not  more  than 
seven  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose       .   $200  00  $500  00 

1601-72  For  services  other  than  personal, 
printing,  traveling  expenses  and 
office  supplies  and  equipment  for 


986  Acts,  1941.— Chap.  683. 

Appropriation      Appropriation 
*  Fiscal  Year  Fiscal  Year 

Item  1941.  1M2. 

minimum  wage  service,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  -  $500  00 

1601-82  For  other  services,  printing,  travel- 
ing expenses  and  office  supplies 
and  equipment  for  the  division  of 
standards,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  $600  00  1,200  00 

1607-01  For  clerical  and  other  personal  serv- 
ices for  the  operation  of  free  em- 
ployment offices,  including  not 
more  than  fifty-two  permanent 
positions,  and  for  rent,  necessary 
office  supplies  and  equipment,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 281  87  390  00 

Division  of  Unemployment  Com- 
pensation: 
1607-21  For  reimbursement  to  the  federal 
government  for  the  purchase  of 
certain  equipment  and  for  cer- 
tain expenses  incurred  prior  to 
February  first,  nineteen  huhdred 
and  thirty-six    .  .  .  .  3,731  23  - 

Totals $4,813  10  $2,590  00 


Service  nf  the  DepnrlnienI  of  Menial  Heolth. 

1701-04  For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  office  supplies  and 
equipment,  and  rent,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose  $1,000  00  $1,600  00 

Division  of  Mental  Hygiene: 
1702-00  For  expenses,  including  not  more 
than  sixty-two  permanent  posi- 
tions, of  investigating  the  nature, 
causes  and  results  of  mental  dis- 
eases and  defects  and  the  publi- 
cation of  the  results  thereof,  and 
of  what  further  preventive  or 
other  measures  might  be  taken 
and  what  further  expenditures 
for  investigation  might  be  made 
which  would  give  promise  of  de- 
creasing the  number  of  persons 
afflicted  with  mental  diseases  or 
defects,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  2,500 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
following  institutions  under  the 
control  of  the  Department  of 
Mental  Health: 


Acts,  1941.— Chap.  683. 


987 


Item 
1712-00 


1713-00 


1715-00 


171^00 


1722-00 


Danvers  state  hospital,  including 
not  more  than  five  hundred  and 
fifty-six  permanent  positions,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

Foxborough  state  hospital,  includ- 
ing not  more  than  three  hundred 
and  thirty-six  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 

Grafton  state  hospital,  including 
not  more  than  four  hundred  and 
sixty-four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

Taunton  state  hospital,  including 
not  more  than  four  hundred  and 
seventy-two  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose    ..... 

Monson  state  hospital,  including 
not  more  than  four  hundred  and 
fifteen  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose ..... 


Appropriation 

Fiscal  Year 

1941. 


$3,500  00 


Appropriation 

Fiacal  Year 

1942. 


$15,000  00 


7,000  00 


6,500  00 


10,000  00 


3,400  00 


Special: 

1723-21  For  certain  replacements  and  im- 
provements at  the  power  plant  at 
the  Belchertown  state  school,  in- 
cluding the  retubing  of  certain 
boilers  and  the  cost  of  purchase 
and  installation  of  equipment      .  5,000  00 

1725-00  Wrentham  state  school,  including 
not  more  than  four  hundred  and 
eight  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose   3,000  00 

Totals $22,400  00 


$36,000  00 


Service  of  the  Department  of  Correction. 

1801-06  For  assistance  to  discharged  pris- 
oners, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  $200  00 


1802-00 


For  the  maintenance  of  and  for 
certain  improvements  at  the 
following  institutions  under  the 
control  of  the  Department  of 
Correction : 
State  farm,  including  not  more  than 

three  hundred  and  seventy-eight 


988  Acts,  1941.  — Chap.  683. 

Appropriation        Appropriation 
,  Fiacal  Year  Fiscal  Year 

Item  1941.  1942. 

permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .      $20,000  00 


Total $20,200  00 


Service  of  the  Department  of  Public  Welfare. 

Division  of  Child  Guardianship: 

1906  01  For  personal  services  of  officers  and 
employees,  including  not  more 
than  one  hundred  and  thirty- 
three  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose    -  .?|(),140  00 

1906-02  For  services  other  than  personal, 
oflSce  supplies  and  equipment,  to 
be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose    -  500  00 

1906-03  For  the  care  and  maintenance  of 
children,  including  not  more  than 
two  permanent  positions,  a  sum 
not  exceeding  twenty-five  hun- 
dred dollars  for  the  fiscal  year 
nineteen  hundred  and  forty-two, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     .....  -  2,500  Ofl 

For  the  maintenance  of  and  for 
certain    improvements    at    the 
institutions  under  the  control 
of  the  trustees  of  the  Massa- 
chusetts training  schools,  with 
the  approval  of  said  trustees, 
as  follows: 
1915  00     Industrial  school  for  boys,  includ- 
ing not  more  than  one  hundred 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 

appropriated  for  the  purpose  $2,000  00  - 

1916-00  Industrial  school  for  girls,  including 
not  more  than  eighty-nine  per- 
manent positions,  to  be  in  addi- 
tion  to    any    amount   heretofore 

appropriated  for  the  purpose        .  2,000  00  - 

1916-21  (This  item  omitted.) 
1917-00  Lyman  school  for  boys,  including 
not  more  than  one  hundred  and 
thirty-nine  permanent  positions 
in  the  year  nineteen  hundred  and 
forty-one  and  one  hundred  and 
thirty-eight  permanent  positions 
in  the  year  nineteen  hundred  and 
forty-two,  to  be  in  addition  to 
any  amount  heretofore  appro- 
priated for  the  purpose  1.000  00 

Totals $5,000  00  $13,140  00 


Acts,  1941.  — Chap.  083. 


980 


Item 


Appropriation       Appropriation 

Fiscal  Year  Fiscal  Year 

1941.  1942. 


2031-25 


Service  of  the  Department  of  Public  Health. 


Pondville  Hospital: 
For  certain  replacements  and  im- 
provements in  the  power  plant    . 


$100,000  00 


Service  of  the  Department  of  I'ulilic  Safety. 

Administration : 
2101-03  For  contingent  expenses,  including 
printing  the  annual  report,  rent 
of  district  offices,  supplies  and 
equipment,  and  all  other  things 
necessary  for  the  investigation  of 
fires  and  motion  picture  licenses, 
as  required  by  law,  and  for  ex- 
penses of  administering  the  law 
regulating  the  sale  and  re-sale 
of  tickets  to  theatres  and  other 
places  of  public  amusement  by 
the  department  of  public  safety, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $4,000  00 

Division  of  State  Police: 
2102-02  For  personal  services  of  civilian  em- 
ployees, including  not  more  than 
one  hundred  and  six  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  - 

Board  of  Boiler  Rules: 
2104-32  For  services  other  than  personal  and 
the  necessary  traveling  expenses 
of  the  board,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .  1,700  00 

Totals $5,700  00 


$3,500  00 


3,750  00 


$7,250  00 


I 


2201-01 


2220-07 


2220-08 


2220-17 


Service  of  the  Department  of  I'lihlic  Warkn. 
(This  item  omitted.) 


Bedford  Airport: 

For  expenses  in  connection  with  the 
acquisition  of  the  Bedford  Airport, 
so-called,  including  land  damages, 
drainage  easements,  air  rights  and 
incidental  expenses    . 

(This  item  omitted.) 


Functions  of  the  department  re- 
lating to  waterways  and  pub- 
lic lands: 
Special: 
For   certain  improvements   at   the 
Gloucester  fish  pier,  so-called,  as 
authorized  by  chapter  five  hun- 
dred and  eighty  of  the  acts  of  the 
present  year      .... 


,$38,000  00 


20,000  00 


Total    . 


$58,000  00 


990  Acts,  1941.— Chap.  683. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Department  of  Public  VtiUtiei. 

2301-06  (This  item  omitted.) 
2301-07  (This  item  omitted.) 
2301-08     For  stenographic  reports  of  evidence 

at  inquests  held  in  cases  of  death 

by  accident  on  or  about  railroads, 

or   caused   by   the   operation   of 

motor  vehicles  for  the  carriage  of 

passengers  for  hire,  to  be  in  addi- 
tion  to   any   amount   heretofore 

appropriated  for  the  purpose       .  $200  00  J400  00 

Special  Investigations: 
Item  2301-09  of  chapter  four  hun- 
dred and  nineteen  of  the  acts 
of  the  present  year  is  hereby 
amended  by  striking  out  the 
words  "For  personal  services  and 
expenses  of  special  investigations, 
including  legal  assistants  and 
stenographic  services  as  needed; 
provided,  that  a  sum  not  exceed- 
ing twenty  thousand  dollars  shall 
be  expended  in  each  of  the  fiscal 
years  nineteen  hundred  and  forty- 
one  and  nineteen  hundred  and 
forty-two  for  an  investigation 
of  the  New  York,  New  Haven 
and  Hartford  Railroad  Com- 
pany", and  inserting  in  place 
thereof  the  words  "For  personal 
services  and  expenses  of  special 
investigations,  including  legal  as- 
sistants and  stenographic  services 
as  needed,  and  any  unexpended 
balance  of  the  appropriation  for 
the  fiscal  year  nineteen  hundred 
and  forty-one  shall  be  available 
for  expenditure  in  the  following 
year;  provided,  that  sums  not  ex- 
ceeding forty  thousand  dollars  in 
the  aggregate  shall  be  expended 
for  an  investigation  of  the  New 
,York,  New  Haven  and  Hartford 
Railroad  Company,  which  sums 
shall  include  expenses  of  the  de- 
partment of  the  attorney  general 
in  connection  with  said  investiga- 
tion." 

Investigation  of  Gas  and  Electric 
Light  Meters: 
2302-02  For  expenses  of  the  division  of  in- 
spection of  gas  and  gas  meters, 
including  traveling  and  other 
necessary  expenses  of  inspection, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     .....  -  500  00 

Totals S200  00  $900  00 


Acts,  1941.  — Chap.  683.  .     991 

Appropriation        Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Unclassified  Accounts  and  Claims. 

2805-01  For  the  payment  of  certain  annui- 
ties and  pensions  of  soldiers  and 
others   under    the    provisions   of 

certain  acts  and  resolves     .  .  $100  00  $1,600  00 

2811-02  For  the  compensation  of  veterans 
who  may  be  retired  by  the  gover- 
nor under  the  provisions  of  sec- 
tions fifty-six  to  fifty-nine,  inclu- 
sive, of  chapter  thirty-two  of  the 
General  Laws,  as  appearing  in  the 
Tercentenary  Edition  thereof,  to 
be  in  addition  to  any  amount 
heretofore   appropriated   for    the 

purpose     .....  5,601  41  - 

2811-03  For  the  compensation  of  certain 
prison  officers  and  instructors 
formerly  in  the  service  of  the  com- 
monwealth, now  retired,  to  be  in 
addition  to  any  amount  heretofore 

appropriated  for  the  purpose        .  -  1,000  00 

2811-04  For  the  compensation  of  state  police 
officers  formerly  in  the  service  of 
the  commonwealth,  now  retired, 
to  be  in  addition  to  any  amount 
heretofore   appropriated   for   the 

■purpose 160  99  150  00 

2820-03  For  the  payment  of  claims  author- 
ized by  certain  resolves  of  the 
present  year.  Said  payments 
shall  be  certified  by  the  comp- 
.  troller  of  the  commonwealth  only 
upon  the  filing  of  satisfactory  re- 
leases or  other  evidence  that  the 
payments  are  accepted  as  full 
compensation  on  the  part  of  the 

commonwealth  in  respect  thereto        10,432  00  - 

2820-04  (This  item  omitted.) 
2820-06  For  reimbursement  of  persons  for 
funds  previously  deposited  in  the 
treasury  of  the  commonwealth 
and  escheated  to  the  common- 
wealth, to  be  in  addition  to  any 
amount  heretofore   appropriated 

for  the  purpose  .  .  .  1,195  81  - 

2820-07  For  reimbursement,  under  the  direc- 
tion of  the  attorney  general,  to 
certain  persons  of  the  amount  of 
money  paid  by  them  into  the 
treasury  of  the  commonwealth 
for  permits  required  by  chapter 
three  hundred  and  fifty-one  of  the 
acts    of    nineteen    hundred    and 

thirty-nine,    which    chapter    was  • 

later  held  to  be  unconstitutional 
by  the  supreme  judicial  court  of 
the  commonwealth     .  .  .        10,000  00 


Totals $27,490  21  $2,750  00 

Total,  General  Fund        .  .    $600,709  20        $627,171  30 


992    ,  Acts,  1941. —  Chaps.  684,  685. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Parks  and  Salisbury  Beach  Reservation  Fund. 

The  sum  of  eighteen  hundred  and 
fifty  dollars  is  hereby  transferred 
from  the  appropriation  for  the 
fiscal  year  nineteen  hundred  and 
forty-one  contained  in  Item  4034 
of  chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
to  the  appropriation  for  said  fiscal 
year  contained  in  Item  4012  of 
said  chapter  four  hundred  and 
nineteen,  and  the  sum  of  three 
thousand  dollars  is  hereby  trans- 
ferred from  the  appropriation  for 
the  fiscal  year  nineteen  hundred 
and  forty-two  contained  in  said 
Item  4034  to  the  appropriation 
for  the  fiscal  year  nineteen  hun- 
dred and  forty-two  contained  in 
said  Item  4012. 

Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  public  buildings  or  other  im- 
provements at  state  institutions  until  plans  and  specifica- 
tions have  been  approved  by  the  governor,  unless  otherwise 
provided  by  such  rules  and  regulations  as  the  governor  may 
make. 

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

Approved  October  24,  1941. 


Ch(ip.6S4:  An  Act  relative  to  the  maintenance  and  operation  by 

THE  TOWN  OF  GOSNOLD  OF  A  MUNICIPAL  LIGHTING  PLANT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  case  the  town  of  Gosnold  acquires  or  es- 
tablishes a  municipal  lighting  plant  under  the  provisions  of 
chapter  one  hundred  and  sixty-four  of  the  Geaeral  Laws,  the 
provisions  of  said  chapter  providing  for  supervision  and  con- 
trol by  the  department  of  public  utilities  shall  not  apply  to 
said  town  with  respect  to  the  maintenance  and  operation  of 
said  plant. 

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

Approved  October  24,  19^1. 


Chap 


.685  An  Act  changing  the  name  of  the  division  of  unem- 
ployment COMPENSATION  TO  THE  DIVISION  OF  EMPLOY- 
MENT SECURITY,  AND  MAKING  CERTAIN  OTHER  CHANGES 
IN  THE  LAW  W'lTH  RESPECT  TO  UNEMPLOYMENT  COMPEN- 
SATION. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

to  prevent  the  receipt  by  the  commonwealth  of  federal  funds 


Acts,  1941.  — Chap.  685.  993 

for  unemployment  compensation  and  employment  security, 
therefore  it  is  hereby  declared  to  be  an  emergency  law  neces- 
sary for  the  immediate  preservation  of  the  public  conven- 
ience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  General  Laws  are  hereby  amended  by  g.  l.  (Ter. 
striking  out  chapter  one  hundred  and  fifty-one  A,  as  ^Hckin  ott 
amended,  and  inserting  in  place  thereof  the  following :  —        ^^d  °|w^g^^ 

inserted. 

Chapter  151A. 

Employment  Security. 

definitions. 

Section  1.     The  following  words  and  phrases  as  used  in  Definitions, 
this  chapter  shall  have  the  following  meanings,  unless  the 
context  clearly  requires  otherwise :  — 

(a)  "Base  period",  the  calendar  year  immediately  pre- 
ceding the  first  day  of  the  benefit  year. 

(6)  "Benefit",  the  money  allowance  payable  to  an  indi- 
vidual as  compensation  for  his  wage  losses  due  to  unemploy- 
ment as  provided  in  this  chapter. 

(c)  "Benefit  year",  the  twelve  consecutive  month  period 
beginning  on  April  first  and  ending  on  March  thirty-first 
succeeding. 

{d)  "Board  of  review",  the  board  of  review  established 
by  section  nine  N  (6)  of  chapter  twenty-three. 

(e)  "Compensable  week",  a  week  for  which  a  worker  is 
entitled  to  benefits  for  unemployment. 

(/)  "Contributions",  the  money  payments  to  the  unem- 
ployment compensation  fund  required  by  this  chapter. 

(g)  "Director",  the  director  of  the  division  of  employ- 
ment security  established  under  section  nine  I  of  chapter 
twenty-three. 

Qi)  "Employee",  any  individual  employed  by  any  em- 
ployer subject  to  this  chapter  and  in  employment  subject 
thereto. 

{i)  "Employer",  any  employing  unit  subject  to  this 
chapter. 

{j)  "Employing  unit",  any  individual  or  type  of  organi- 
zation including  any  partnership,  firm,  association,  trust, 
trustee,  estate,  joint  stock  company,  insurance  company, 
corporation,  whether  domestic  or  foreign,  or  his  or  its  legal 
representative,  or  the  assignee,  receiver,  trustee  in  bank- 
ruptcy, trustee  or  successor  of  any  of  the  foregoing  or  the 
legal  representative  of  a  deceased  person  who  or  which  has 
or  subsequent  to  January  first,  nineteen  hundred  and  forty- 
one,  had  one  or  more  individuals  performing  services  for 
him  or  it  within  this  commonwealth. 

{k)  "Employment",  service,  including  service  in  inter- 
state commerce,  performed  for  wages  or  under  any  contract, 
oral  or  written,  express  or  implied,  by  an  employee  for  his 


994  Acts,  1941.— Chap.  685. 

employer  as  provided  in  this  section  and  in  sections  two, 
three,  four,  five,  six  and  seven. 

(l)  "Employment  office",  the  free  public  employment 
office  operated  by  the  commonwealth  in  the  employment 
district  in  which  the  employee  resides  or  is  employed,  or 
the  branch  or  local  office  nearest  to  his  place  of  resi- 
dence or  employment,  unless  otherwise  prescribed  by  the 
director. 

(m)  "Employment  security  administration  account",  the 
account  set  up  for  the  purpose  of  meeting  the  expenses  of 
administration  under  this  chapter. 

(n)  "Pay  roll",  the  total  amount  of  all  wages  for  employ- 
ment subject  to  this  chapter,  including  wages  for  services 
otherwise  excepted  in  section  seven. 

(0)  "Quarter",  any  one  of  the  following  periods  in  any 
year:  —  January  first  to  March  thirty-first,  inclusive; 
April  first  to  June  thirtieth,  inclusive;  July  first  to  September 
thirtieth,  inclusive;  October  first  to  December  thirty-first, 
inclusive. 

(p)  "Quarterly  wage",  the  amount  of  wages  of  an  em- 
ployee in  a  quarter  from  one  or  more  employers. 

(g)  "State  advisory  council",  the  state  advisory  council 
established  by  section  nine  N  (a)  of  chapter  twenty-three. 

(r)  "Unemployed"  and  "Unemployment",  an  individual 
shall  be  deemed  to  be  unemployed  and  in  unemployment  if 
either  in  "partial  unemployment"  or  in  "total  unemploy- 
ment" as  defined  in  this  subsection. 

(1)  "Partial  unemployment",  an  individual  shall  be 
deemed  to  be  in  partial  unemployment  if  in  any  week  of  less 
than  full-time  weekly  schedule  of  work  he  has  earned  ag- 
gregate remuneration  in  an  amount  which  is  less  than  his 
weekly  benefit  rate  to  which  he  would  be  entitled  if  totally 
unemployed  during  said  week.  For  the  purpose  of  this  sub- 
section any  loss  of  remuneration  incurred  by  an  individual 
during  said  week  resulting  from  any  cause  other  than  fail- 
ure of  his  employer  to  furnish  full-time  weekly  schedule 
of  work  shall  be  considered  as  wages  and  the  director  may 
prescribe  the  manner  in  which  the  total  amount  of  such 
wages  thus  lost  shall  be  determined. 

(2)  "Total  unemployment",  an  individual  shall  be 
deemed  to  be  in  total  unemployment  in  any  week  in  which 
he  performs  no  wage-earning  services  whatever,  and  in 
which  he  earns  no  wages  or  other  payment  for  personal 
services,  including  net  earnings  from  self-employment,  and 
in  which,  though  capable  of  and  available  for  work,  he  is 
unable  to  obtain  any  suitable  work  and  cannot,  reasonably, 
return  to  any  self-employment  in  which  he  is  customarily 
engaged.  Services  rendered  in  consideration  of  remunera- 
tion received  for  relief,  support,  or  assistance,  furnished  or 
provided  by  any  agency  of  the  commonwealth,  or  of  a  polit- 
ical subdivision  thereof,  charged  with  the  duty  of  furnish- 
ing aid  or  assistance,  shall  not  be  construed  as  wage-earning 
services. 


Acts,  1941.  —  Chap.  685.  995 

(s)  "Wages",  every  form  of  remuneration  of  an  employee 
subject  to  this  chapter  for  employment  by  an  employer, 
whether  paid  directly  or  indirectly,  including  salaries,  com- 
missions and  bonuses,  and  reasonable  cash  value  of  board, 
rent,  housing,  lodging,  payment  in  kind  and  all  remunera- 
tion paid  in  any  medium  other  than  cash;  except  that  such 
term  shall  not  include  — 

(1)  More  than  three  thousand  dollars  of  remuneration 
paid  to  any  individual  by  an  employer  with  respect  to  em- 
ployment during  any  calendar  year. 

(2)  Any  payment  made  by  an  employer  to  an  employee 
on  account  of  separation  from  the  service  of  the  employer, 
provided  the  emploj^er  is  not  legally  bound  by  contract, 
statute  or  otherwise,  to  make  such  payment. 

(3)  The  amount  of  any  payment  made  to,  or  on  behalf  of, 
an  employee  under  a  plan  or  system  established  by  an  em- 
ployer which  makes  provision  for  his  employees  generally  or 
for  a  class  or  classes  of  his  employees  (including  any  amount 
paid  by  an  employer  for  insurance  or  annuities,  or  into  a 
fund,  to  provide  for  any  such  payment  or  under  a  pension 
plan),  on  account  of  retirement,  or  sickness  or  accident  dis- 
ability, or  medical  and  hospitalization  expenses  in  connec- 
tion with  sickness  or  accident  disability,  or  death,  provided 
the  employee  has  not  the  option  to  receive,  instead  of  pro- 
vision for  such  death  benefit,  any  part  of  such  payment  or, 
if  such  death  benefit  is  insured,  any  part  of  the  premium  (or 
contributions  to  premiums)  paid  by  his  employer,  and  has 
not  the  right,  under  the  provisions  of  the  plan  or  system 
or  policy  of  insurance  providing  for  such  death  benefits,  to 
assign  such  benefit,  or  to  receive  a  cash'  consideration  in 
lieu  of  such  benefit  either  upon  his  withdrawal  from  the 
plan  or  system  providing  for  such  benefit  or  upon  termina- 
tion of  such  plan  or  system  or  policy  of  insurance  or  of  his 
employment  with  such  employer. 

(4)  The  payment  by  an  employer  (without  deduction 
from  the  remuneration  of  the  employee)  of  the  tax  imposed 
upon  an  employee  under  section  fourteen  hundred  of  the 
Federal  Internal  Revenue  Code,  or  any  acts  in  addition 
thereto  and  amendments  thereof. 

(t)  "Week",  seven  consecutive  days  beginning  on  Sunday. 

Section  2.     Service  performed  by  an  individual  shall  be  Service  per- 
deemed  to  be  "employment"  unless  and  until  it  is  shown  [ndhddJai 
to  the  satisfaction  of  the  director  that  such  individual  has  ^f^'^gnt"'' 
been  and  will  continue  to  be  free  from  control  or  direction  when. 
by  another  with  respect  to  the  performance  of  such  services, 
both  under  his  contract  of  service  and  in  fact. 

Section  3.    The  term  "employment",  except  in  such  cases  Term  "em- 
as  the   context   of   this   chapter  otherwise   requires,   shall  ^haiunciude 
include  an  individual's  entire  service,  performed  within,  or  ^^at. 
both  within  and  without  the  commonwealth,  if  — 

(a)  The  service  is  localized  in  the  commonwealth,  or 

(6)  The  service  is  not  localized  in  the  commonwealth,  but 
some  part  of  the  service  is  performed  in  the  commonwealth 


996 


Acts,  1941. —Chap.  685. 


Localized 

services 

defined. 


Services 
not  within 
term  "em- 
ployment". 


Term  "em- 
ployment" 
not  to  include 
certain  services. 


and  (1)  the  base  of  operations,  or,  if  there  is  no  base  of  oper- 
ations, then  the  place  from  which  such  service  is  directed  or 
controlled,  is  within  the  commonwealth,  or  (2)  the  base  of 
operations  or  place  from  which  such  service  is  directed  or 
controlled  is  not  in  any  state  in  which  some  part  of  the 
service  is  performed,  but  the  individual's  residence  is  in 
the  commonwealth. 

Section  4-  Services  shall  be  deemed  to  be  localized  within 
the  commonwealth  if 

(a)  The  service  is  performed  entirely  within  the  common- 
wealth, or 

(6)  The  service  is  performed  both  within  and  without  the 
commonwealth,  but  the  service  performed  without  the  com- 
monwealth is  incidental  to  the  individual's  service  within 
the  commonwealth;  for  example,  is  temporary  or  transitory 
in  nature,  or  consists  of  isolated  transactions. 

Section  5.  The  term  "employment"  shall  include  services 
covered  by  an  arrangement  under  provisions  of  section  sixty- 
six,  pursuant  to  which  arrangement  all  services  performed 
by  an  individual  for  an  employing  unit  are  deemed  to  be 
performed  within  the  commonwealth,  if  the  director  has 
approved  the  request  of  the  employing  unit  that  the  entire 
service  of  such  individual  during  the  period  covered  by  such 
request  be  deemed  employment  subject  to  this  chapter. 

Section  6.    The  term  "employment"  shall  not  include: 

(a)  Service  in  agricultural  labor; 

(6)  Domestic  service  in  a  private  home,  local  college  club, 
or  local  chapter  of  a  college  fraternity  or  sorority; 

(c)  Service  performed  as  an  officer  or  member  of  the  crew 
of  a  vessel  on  the  navigable  waters  of  the  United  States; 
provided,  that  the  term  "employment"  shall  include  the 
services  performed  by  an  individual  as  an  officer  or  member 
of  the  crew  of  a  vessel  of  more  than  ten  net  tons,  determined 
in  the  manner  provided  for  determining  registered  tonnage 
of  merchant  vessels  of  the  United  States,  while  such  vessel 
is  engaged  in  the  catching  of  fish,  if  and  when  by  any  act  of 
congress  such  services  are  included  within  the  term  "em- 
ployment", as  defined  for  the  purposes  of  subchapter  C  of 
chapter  nine  of  the  Internal  Revenue  Code  of  the  United 
States  and  any  acts  in  amendment  thereof  or  in  addition 
thereto,  and  if  credit  for  contributions  by  the  employer  of 
such  officer  or  crew  member  to  state  unemployment  funds 
against  taxes  imposed  by  said  subchapter  C  is  then  provided 
for  by  the  laws  of  the  United  States; 

{d)  Service  performed  by  an  individual  in  the  employ  of 
his  son,  daughter,  or  spouse,  and  service  performed  by  a 
child  under  the  age  of  twenty-one  in  the  employ  of  his 
father  or  mother; 

(e)  Service  performed  in  the  employ  of  the  United  States 
government  or  of  an  instrumentality  of  the  United  States 
which  is  wholly  owned  by  the  United  States,  or  exempt  from 
the  tax  imposed  by  section  sixteen  hundred  of  the  Federal 


Acts,  1941.  — Chap.  685.  997 

Internal  Revenue  Code,  or  any  acts  in  addition  thereto  and 
amendments  thereof,  by  virtue  of  any  other  provision  of 
law;  provided,  that  if  this  commonwealth  should  not  be 
certified  by  the  federal  social  security  board  under  section 
sixteen  hundred  and  three  of  the  United  States  Internal 
Revenue  Code,  or  any  acts  in  addition  thereto  and  amend- 
ments thereof,  for  any  year,  then  the  contributions  required 
of  any  instrumentalities  of  the  United  States  government 
under  this  chapter  with  respect  to  such  year  shall  be  deemed 
to  have  been  erroneously  collected  within  the  meaning  of 
section  eighteen  of  this  chapter  and  shall  be  refunded  from 
the  clearing  account  in  accordance  with  the  provisions  of 
said  section  eighteen. 

(/)  Service  performed  in  the  employ  of  a  state,  or  any 
political  subdivision  thereof,  or  any  instrumentality  of  any 
one  or  more  of  the  foregoing  which  is  wholly  owned  by  one 
or  more  states  or  political  subdivisions;  and  any  service 
performed  in  the  employ  of  any  instrumentality  of  one  or 
more  states  or  political  subdivisions  to  the  extent  that  the 
instrumentality  is,  with  respect  to  such  service,  immune 
under  the  constitution  of  the  United  States  from  the  tax 
imposed  by  section  sixteen  hundred  of  the  Federal  Internal 
Revenue  Code,  or  any  acts  in  addition  thereto  and  amend- 
ments thereof; 

(g)  Service  performed  in  the  employ  of  a  corporation,  or 
of  a  community  chest,  fund,  or  foundation,  so-called,  or- 
ganized and  operated  exclusively  for  a  religious,  charitable, 
scientific,  literary  or  educational  purpose,  or  for  the  purpose 
of  the  prevention  of  cruelty  to  children  or  animals,  no  part 
of  the  net  earnings  of  which  inures  to  the  benefit  of  any 
private  shareholder  or  individual,  and  no  substantial  part 
of  the  activities  of  which  is  carrying  on  propaganda,  or 
otherwise  attempting,  to  influence  legislation; 

(h)  Casual  labor  not  in  the  course  of  the  employer's  trade 
or  business; 

(i)  Service  performed  by  an  individual  as  an  employee  or 
employee  representative  as  defined  in  section  one  of  the 
Federal  Railroad  Unemployment  Insurance  Act;  and  serv- 
ice with  respect  to  which  unemployment  benefits  are  payable 
under  an  unemployment  compensation  system  for  maritime 
employees  established  by  an  act  of  Congress; 

(j)  Service  performed  in  any  quarter  in  the  employ  of 
any  organization  exempt  from  income  tax  under  section  one 
hundred  and  one  of  the  Federal  Internal  Revenue  Code,  or 
any  acts  in  addition  thereto  and  amendments  thereof,  if  — 

(1)  The  remuneration  for  such  service  does  not  exceed 
forty-five  dollars,  or 

(2)  Such  service  is  in  connection  with  the  collection  of 
dues  or  premiums  for  a  fraternal  beneficiary  society,  order 
or  association,  and  is  performed  away  from  the  home  office, 
or  is  ritualistic  service  in  connection  with  any  such  society, 
order  or  association,  or 


998  Acts,  1941.— Chap.  685. 

(3)  Such  service  is  performed  by  a  student  who  is  en- 
rolled and  is  regularly  attending  classes  at  a  school,  college, 
or  university. 

(k)  Service  performed  in  the  employ  of  an  agricultural  or 
horticultural  organization  exempt  from  income  tax  under 
section  one  hundred  and  one  of  the  Federal  Internal  Reve- 
nue Code,  or  any  acts  in  addition  thereto  and  amendments 
thereof; 

(I)  Service  performed  in  the  employ  of  a  voluntary  em- 
ployees' beneficiary  association  providing  for  the  payment 
of  life,  sick,  accident,  or  other  benefits  to  the  members  of 
such  association  or  their  dependents,  if  no  part  of  its  net 
earnings  inures  (other  than  through  such  payments)  to  the 
benefit  of  any  private  shareholder  or  individual  and  eighty- 
five  per  centum  or  more  of  the  income  consists  of  amounts 
collected  from  members  for  the  sole  purpose  of  making  such 
payments  and  meeting  expenses; 

(m)  Service  performed  in  the  employ  of  a  voluntary  em- 
ployees' beneficiary  association  providing  for  the  payment 
of  life,  sick,  accident,  or  other  benefits  to  the  members  of 
such  association  or  their  dependents  or  their  designated  bene- 
ficiaries, if  admission  to  membership  in  such  association  is 
limited  to  individuals  who  are  officers  or  employees  of  the 
United  States  government  and  no  part  of  the  net  earnings 
of  such  association  inures  (other  than  through  such  pay- 
ments) to  the  benefit  of  any  private  shareholder  or  individual. 

(n)  Service  performed  in  any  quarter  in  the  emplo}'-  of  a 
school,  college,  or  university,  not  exempt  from  income  tax 
under  section  one  hundred  and  one  of  the  Federal  Internal 
Revenue  Code,  or  any  acts  in  addition  thereto  and  amend- 
ments thereof,  if  such  service  is  performed  by  a  student  who 
is  enrolled  and  is  regularly  attending  classes  at  such  school, 
college,  or  university,  and  the  remuneration  for  such  service 
does  not  exceed  forty-five  dollars  (exclusive  of  room,  board, 
and  tuition); 

(o)  Service  performed  as  a  student  nurse  in  the  employ 
of  a  hospital  or  a  nurses'  training  school  by  an  individual 
who  is  enrolled  and  is  regularly  attending  classes  in  a  nurses' 
training  school  chartered  or  approved  pursuant  to  law;  and 
service  performed  as  an  interne  in  the  employ  of  a  hospital 
by  an  individual  who  has  completed  a  four  years'  course  in 
a  medical  school  chartered  or  approved  pursuant  to  state 
law; 

(p)  Service  performed  in  the  employ  of  a  foreign  govern- 
ment (including  service  as  a  consular  or  other  officer  or  em- 
ployee or  a  non-diplomatic  representative);  or,  service  per- 
formed in  the  employ  of  an  instrumentality  wholly  owned  by 
a  foreign  government  and  exempt  under  the  provisions  of 
chapter  nine  of  the  Federal  Internal  Revenue  Code  or  any 
acts  in  addition  thereto  and  amendments  thereof; 

(q)  Service  performed  by  an  individual  as  an  insurance 
agent  or  as  an  insurance  solicitor,  if  all  such  service  is  per- 


Acts,  1941. —Chap.  685.  999 

formed  for  remuneration  solely  by  way  of  commission  and 
such  service  is  excluded  from  the  term  "  emploj^ment "  under 
the  provisions  of  section  sixteen  hundred  and  seven  of  the 
Federal  Internal  Revenue  Code  or  any  acts  in  addition 
thereto  and  amendments  thereof; 

(r)  Service  performed  by  an  individual  under  the  age  of 
eighteen  in  the  delivery  or  distribution  of  newspapers  or 
shopping  news,  not  including  delivery  or  distribution  to  any 
point  for  subsequent  delivery  or  distribution. 

Section  7.     The  term  "employment",  except  as  used  in  Further 
the  definition  of  "payroll"  in  subsection  (n)  of  section  one,  of  empToy- 
shall  not  include  —  ment. 

(a)  Services  performed  by  an  individual  while  registered 
for  a  prescribed  course  at  any  educational  institution  on  a 
co-operative  plan  of  education  and  industrial  training. 

(h)  Services  performed  during  customary  vacation  periods 
by  an  individual  who  was  registered  for  full  attendance  at 
and  regularly  attending  an  established  school,  college,  or  uni- 
versity, in  the  most  recent  school  term  and  who  intends 
to  return  thereto  or  to  enter  another  school,  college,  or  uni- 
versity as  a  student  for  the  next  regular  term. 

The  provisions  of  this  section  shall  not  apply  to  an  indi- 
vidual whose  full  and  regular  attendance  or  registration  is 
for  a  term  in  which  classes  or  study  periods  are  conducted 
exclusively  in  evenings  or  at  night  time. 

EMPLOYERS. 

Section  8.     Any  employing  unit  shall  be  subject  to  the  Employers, 
provisions  of  this  chapter  who  or  which,  or  whose  agent:      who  are. 

(a)  Has  employed  in  employment  subject  to  this  chapter 
on  some  day  in  each  of  twenty  weeks  in  the  year  nineteen 
hundred  and  thirty-seven  or  in  the  year  nineteen  hundred 
and  thirty-eight  at  least  eight  individuals.  Such  employ- 
ment shall  constitute  the  employing  unit  thereof  an  employer 
hereunder  as  of  January  first  of  the  year  in  which  such  em- 
ployment occurs.  The  employment  of  four,  five,  six  or  seven 
individuals  in  employment  subject  to  this  chapter  on  some 
day  in  each  of  twenty  weeks  of  the  year  nineteen  hundred 
and  thirty-eight  shall  constitute  the  employing  unit  thereof 
an  employer  hereunder  as  of  January  first  of  the  year  nine- 
teen hundred  and  thirty-nine. 

The  employment  of  at  least  four  individuals  subject  to 
this  chapter  on  some  day  in  each  of  twenty  weeks  in  the  year  - 
nineteen  hundred  and  thirty-nine,  or  in  any  subsequent  year 
up  to  and  including  nineteen  hundred  and  forty-two  shall 
constitute  the  employing  unit  thereof  an  employer  hereunder 
as  of  January  first  in  the  year  in  which  such  employment 
occurs. 

The  employment  of  one  individual  in  employment  sub- 
ject to  this  chapter  on  some  day  in  each  of  twenty  weeks  in 
the  year  nineteen  hundred  and  forty-two  shall  constitute 


1000 


Acts,  1941.  — Chap.  685. 


Single  em- 
ploying unit. 


Election  by 

employing 

units. 


the  employing  unit  thereof  an  employer  as  of  January  first 
of  the  year  nineteen  hundred  and  forty-three  and  the  em- 
ployment of  one  individual  in  employment  subject  to  this 
chapter  on  some  day  in  each  of  twenty  weeks  in  the  year 
nineteen  hundred  and  forty-three  or  in  any  subsequent  year 
shall  constitute  the  employing  unit  thereof  an  employer  as 
of  January  first  of  the  year  in  which  such  employment 
occurs;  or 

(b)  Is  subject,  or  who  during  the  preceding  year  was  sub- 
ject, to  subchapter  C  of  chapter  nine  of  the  Federal  Internal 
Revenue  Code  or  any  acts  in  addition  thereto  and  amend- 
ments thereof,  and  who  employs  one  or  more  individuals 
within  the  commonwealth  in  employment  subject  to  this 
chapter;  provided,  that  the  director  shall  exempt  from  this 
chapter  those  of  employers  whose  inclusion  would  adversely 
affect  the  efficient  administration  and  operation  thereof  and 
would  tend  to  impair  the  unemployment  compensation  fund 
without  obtaining  for  said  fund  any  compensating  advan- 
tages in  connection  with  the  payment  of  benefits ;  or 

(c)  Has  elected  to  become  fully  subject  to  this  chapter;  or 

(d)  Has  acquired  the  organization,  trade,  or  business,  or 
substantially  all  the  assets  thereof,  of  another  employing 
unit  which  at  the  time  of  such  acquisition  was  an  employer; 
or 

(e)  Has  acquired  a  part  of  the  organization,  trade,  or 
business  of  another,  which  part,  if  a  separate  organization, 
trade  or  business,  would  have  been  an  employer;  or 

(/)  Has  acquired  the  organization,  trade  or  business,  or 
substantially  all  the  assets  thereof,  of  another  employing 
unit,  if  the  employment  record  of  such  acquiring  unit  subse- 
quent to  such  acquisition,  together  with  the  employment 
record  of  the  acquired  unit  prior  to  such  acquisition,  both 
within  the  same  year,  would  be  sufficient  to  constitute  an 
employing  unit  an  employer  subject  to  this  chapter. 

Section  9.  All  individuals  employed  by  an  employing  unit 
in  all  of  his  or  its  several  places  of  emplojmient  maintained 
within  the  commonwealth  shall  be  treated  as  employed  by 
a  single  employing  unit  for  the  purposes  of  this  chapter. 

Section  10.  Any  employing  unit  of  one  or  more  indi- 
viduals in  employment  within  the  commonwealth,  who  is 
not  otherwise  subject  to  this  chapter,  shall  become  fully 
subject  hereto  upon  filing  with  the  director  his  or  its  elec- 
tion to  become  fully  subject  hereto  for  not  less  than  two 
years  and  upon  the  written  approval  of  such  election  by 
the  director.  Upon  such  approval,  such  services  shall  be 
deemed  to  constitute  employment  subject  to  this  chapter 
from  and  after  the  date  stated  in  such  approval.  Such  serv- 
ices shall  cease  to  be  deemed  employment  subject  hereto 
as  of  January  first  of  any  year  subsequent  to  such  two 
years,  only  if  during  January  of  such  year  such  employing 
unit  has  filed  with  the  director  a  written  notice  to  that 
eff'ect. 


Acts,  1941.— Chap.  685.  1001 

Section  11.     Except  as  provided  in  section  ten,  no  em-  Employers 
ployer  shall  cease  to  be  subject  to  this  chapter  except  upon  subTe°t  to  ^^ 
a  written  application  therefor  by  him,  which  application  chapter,  when, 
may  be  filed  with  the  director  prior  to  March  thirty-first 
in  any  year,  and  after  a  finding  by  the  director  that  he  has 
not  on  any  day  within  the  then  last  year  employed  four  or 
more  individuals  in  employment  subject  to  this  chapter, 
whereupon  such  employer  shall  cease  to  be  subject  hereto 
as  of  January  first  of  the  year  in  which  such  application  is 
made. 

Section  12.    The  director,  upon  his  own  motion,  or  upon  petermina- 
application  of  an  employing  unit,  after  investigation,  shall  pio^ng^^'it 
determine  if  an  employing  unit  is  an  employer  within  the  as  employer. 
meaning  of  section  eight,  and  if  the  services  performed  by  Hearing,  etc 
any  individual  for  such  employer  constitute  employment 
within  the  meaning  of  this  chapter,  and  shall  notify  the  em- 
ploying unit  of  such  determination. 

Such  employing  unit  may,  within  thirty  days  after  the 
mailing  of  notice  of  such  determination,  request  that  the 
director  grant  a  .hearing  for  the  purpose  of  reconsidering  the 
facts  submitted  and  to  consider  any  additional  information. 
After  such  hearing,  the  director  shall  affirm,  modify  or  re- 
voke this  determination  and  notice  of  his  finding  shall  be 
mailed  to  the  employing  unit. 

An  application  for  review  of  such  finding  may  be  taken 
to  the  board  of  review  within  fifteen  days  after  the  mailing 
of  the  notice  of  such  finding  to  the  employing  unit.  After 
such  notice  to  the  director  and  to  the  appellant  as  said 
board  deems  necessary,  it  shall  review  the  action  of  the 
director,  reconsider  the  facts  submitted  and  consider  any 
additional  evidence  presented  by  the  interested  parties  and 
shall  affirm  such  action  unless  it  shall  appear  that  it  was 
made  without  proper  cause,  in  which  case  the  decision  shall 
be  modified  or  revoked.  Nothing  in  this  section  shall  pre- 
vent the  director  after  a  decision  by  the  board  of  review 
from  submitting  newly  discovered  evidence  to  said  board, 
whereupon  it  shall  order  a  hearing  upon  the  subject  matter 
after  giving  due  notice  to  all  interested  parties. 

A  determination  by  the  director  where  no  hearing  has 
been  held,  a  finding  after  a  hearing,  or  a  decision  of  the 
board  of  review  shall,  except  in  matters  arising  under  sec- 
tions thirty-nine  to  forty-three,  inclusive,  be  conclusive  for 
all  purposes  of  this  chapter,  and,  together  with  the  record 
thereof,  shall  be  admissible  in  any  subsequent  proceedings, 
involving  liability  for  contributions. 

The  director  or  an  employing  unit  aggrieved  by  the  de- 
cision of  the  board  of  review  may,  within  twenty  days  after 
notice  of  such  decision  has  been  mailed  by  said  board,  bring 
a  petition  in  the  municipal  court  of  the  city  of  Boston  or 
in  the  district  court  in  the  judicial  district  wherein  said  em- 
ploying unit  has  his  or  its  principal  place  of  business  and 
have  the  same  remedy  as  provided  for  in  section  forty-two 


1002 


Acts,  194L  — Chap.  685. 


and  the  practices  and  procedure  established  for  said  section 
shall  obtain. 

If,  upon  a  hearing  in  the  municipal  or  district  court,  it 
appears  that  the  petition  for  review  is  frivolous,  immaterial, 
or  intended  for  delay,  the  court  may  award  against  the  ap- 
pellant double  costs. 

Nothing  in  this  section  shall  be  construed  to  prevent  the 
director,  after  notice  to  the  affected  parties,  from  reconsid- 
ering his  determination  that  the  employing  unit  was  not 
subject  to  this  chapter,  when  in  his  judgment  it  appears 
that  because  of  newly  discovered  evidence  or  for  any  other 
reasonable  cause  the  determination  should  be  reconsidered. 


Contributions. 


Employers' 
contributions. 

Rate  of,  etc. 


CONTRIBUTIONS. 

Section  13.  The  contributions  required  hereunder  shall 
be  paid  to  the  commonwealth  in  such  manner  and  at  such 
times  as  the  director  may  prescribe,  and  shall  be  paid  over 
by  the  director  to  the  state  treasurer  and  credited  by  him 
to  the  unemployment  compensation  fund. 

Section  14-  Each  employer  shall  make  contributions  for 
each  year  at  the  applicable  rate  as  set  forth  in  this  section, 
on  so  much  of  his  payroll  as  is  subject  to  this  chapter;  pro- 
vided, that  he  shall  make  contributions  only  on  that  part  of 
remuneration  paid  by  him  to  an  individual  not  in  excess  of 
three  thousand  dollars  with  respect  to  employment  during 
any  calendar  year. 

(a)  If  no  rate  of  contribution  under  subsection  (6)  of  this 
section  applies,  each  employer  shall  make  contributions  for 
each  year  at  the  rate  of  two  and  seven  tenths  per  cent  of  his 
payroll;  provided,  that  he  shall  make  contributions  only  on 
that  part  of  the  remuneration  paid  by  him  to  an  individual 
not  in  excess  of  three  thousand  dollars  with  respect  to  em- 
ployment during  any  year. 

(6)  (1)  For  each  calendar  year,  commencing  after  three 
immediate  preceding  consecutive  calendar  years  throughout 
which  he  has  been  charged  or  could  have  been  charged  with 
benefit  wages,  the  contribution  rate  of  such  employer  shall 
be  determined  as  hereinafter  provided. 

(2)  When,  in  any  calendar  year,  beginning  not  earlier  than 
nineteen  hundred  and  thirty-nine,  a  worker  is  paid  benefits 
for  the  first  compensable  week  of  unemplojanent  with  re- 
spect to  the  benefit  year  to  which  the  claim  apphes,  his  wages 
from  each  employer  during  his  base  period  shall  be  termed 
"worker's  benefit  wages"  and  shall  be  treated  for  the  pur- 
poses of  this  subsection  as  if  they  had  been  paid  in  the  year 
in  which  the  first  week  of  benefits  is  paid.  "Worker's  bene- 
fit wages"  when  used  with  respect  to  benefits  paid  for  the 
first  compensable  week  of  unemployment  on  claims  originally 
arising  in  the  year  nineteen  hundred  and  thirty-nine  or  in 
the  year  nineteen  hundred  and  forty  prior  to  April  first  shall 
include  the  wages  not  in  excess  of  one  thousand  dollars  in 


Acts,  1941.  — Chap.  685.  1003 

those  quarters  upon  which  the  benefits  available  to  the 
claimant  were  computed,  assignable  to  the  year  nineteen 
hundred  and  thirty-nine  or  the  year  nineteen  hundred  and 
forty  in  accordance  with  this  subsection.  For  the  purpose  of 
this  subsection,  benefit  wages  charged  against  each  employer 
shall  include  only  that  part  of  wages  not  in  excess  of  one 
thousand  dollars  paid  by  him  in  a  base  period. 

(3)  The  "employer's  benefit  wages"  for  a  given  calendar 
year  shall  be  the  total  of  the  benefit  wages  of  all  of  his  former 
workers  assignable  to  such  employer  and  to  such  calendar 
year  in  accordance  with  paragraph  (2)  hereof. 

(4)  The  benefit  wage  ratio  of  each  employer  for  a  given 
calendar  year  shall  be  a  percentage  equal  to  the  total  of  his 
benefit  wages  for  the  three  most  recently  completed  calendar 
years,  divided  by  that  part  of  his  total  payroll  for  the  same 
three  years,  with  respect  to  which  contributions  have  been 
paid  to  the  division  on  or  before  January  thirty-first  of  the 
successive  calendar  years,  respectively,  or,  in  the  alternative, 
on  or  before  the  date,  but  not  later  than  March  thirty-first, 
in  any  event,  to  which  extension  for  such  payment  shall  have 
been  granted. 

(5)  For  any  calendar  year  the  "state  experience  factor"  . 
shall  be  a  percentage  determined  by  dividing  the  total  bene- 
fits paid  from  the  commonwealth's  benefit  account  during 
the  three  most  recently  completed  calendar  years  by  the 
total  benefit  wages  of  all  employers  during  the  same  three 
completed  calendar  years,  provided  that  any  fractional  per- 
centage resulting  therefrom  shall  be  raised  to  the  next  higher 
multiple  of  one  per  cent.  The  state  experience  factor  shall 
be  determined  for  each  year  prior  to  March  thirty-first 
thereof. 

(6)  The  contribution  rate  for  each  employer  for  a  given 
calendar  year  shall  be  determined  and  the  employer  notified 
thereof  not  less  than  ten  days  prior  to  the  due  date  of  the 
first  contribution  for  the  year.  It  shall  be  determined  from 
the  following  table  on  the  same  line  as  the  current  state  ex- 
perience factor  and  shall  be  the  rate  appearing  at  the  head  of 
the  lowest  numbered  column  in  which  appears  a  percentage 
equal  to  or  in  excess  of  such  employer's  benefit  wage  ratio. 
If  no  percentage  equal  to  or  in  excess  of  such  benefit  wage 
ratio  appears  on  said  line  the  employer's  contribution  rate 
shall  be  two  and  seven  tenths  per  cent  but  not  in  excess 
thereof. 


1004 


Acts,  1941.  — Chap.  685. 


Table. 


Employer's  Benefit  Waob 

Ratio. 

State 

Experience 

Factor. 

Col.  1 

Col.  2 

Col.  3 

Col.  4 

Col.  5 

Col.  6 

^% 

1% 

11^% 

2% 

2H% 

2i^»% 

con.  rate. 

con.  rate. 

con.  rate. 

con.  rate. 

con.  rate. 

con.  rate. 

1%   .        .        .        . 

50% 

100% 

150% 

200% 

250% 

2 

25 

50 

75 

100 

125 

3 

17 

33 

50 

66 

83 

4 

13 

25 

38 

50 

63 

5 

10 

20 

30 

40 

50 

6 

8 

17 

25 

34 

42 

7 

7 

14 

21 

29 

36 

8 

6 

13 

19 

25 

31 

9 

6 

11 

16 

22 

28 

Benefit 

10 

5 

10 

15 

20 

25 

wage 

11 

6 

9 

14 

18 

23 

ratio 

12 

4 

8 

13 

17 

21 

in 

13 

4 

8 

12 

15 

19 

excess 

14 

4 

7 

11 

14 

18 

of 

15 

3 

7 

10 

13 

17 

Col.  6 

16 

3 

6 

9 

12 

16 

17 

3 

6 

9 

12 

15 

18 

3 

6 

8 

11 

14 

Id 

3 

5 

8 

11 

13 

20 
21 

3 
2 

5 
5 

8 

7 

10 
10 

13 

12 

22 

2 

5 

7 

9 

11 

23 

2 

4 

7 

9 

11 

24 

2 

4 

6 

8 

10 

Interest  on 
overdue  pay- 
ments. 


(c)  If  the  unemployment  compensation  fund  available 
for  benefits  becomes  less  than  the  amount  of  the  benefit 
expense  in  that  year  of  the  most  recent  calendar  years  not 
exceeding  ten  in  which  the  highest  benefit  expense  was  paid 
the  director  and  council  shall  make  a  declaration  to  that 
effect.  Effective  the  quarter  following  such  declaration,  the 
lowest  four  rates  of  employer  contribution  shall  each  be 
advanced  one  half  of  one  per  cent,  and  the  two  and  one  half 
per  cent  rate  advanced  to  two  and  seven  tenths  per  cent. 
Should  such  unemployment  compensation  fund  after  such 
increased  rates  have  been  in  effect  for  two  or  more  calendar 
quarters  continue  to  be  less  than  such  highest  benefit  ex- 
pense for  such  calendar  year,  the  director  and  council  shall 
so  declare.  Effective  the  quarter  following  such  announce- 
ment, all  employer  contribution  rates  shall  be  raised  to  two 
and  seven  tenths  per  cent  of  such  pay  roll  as  is  subject  to  this 
chapter.  Whenever  such  unemployment  compensation  fund 
becomes  more  than  an  amount  equal  to  one  and  one  half 
times  the  amount  of  such  highest  benefit  expense  for  such 
calendar  year,  the  rates  in  the  table  shall  become  effective  the 
quarter  following  the  declaration  by  the  directoi*and  council. 

(d)  Any  employer  may  apply  to  the  director  for  a  review 
as  to  the  determination  of  his  benefit  wage  ratio,  provided 
such  application  is  filed  within  one  j^ear  of  the  date  of  such 
determination. 

Section  15.  (a)  If  any  employer  fails  to  pay  when  due 
any  amount  required  of  him  under  this  chapter,  such  overdue 
amount  shall  carry  interest  at  the  rate  of  six  per  cent  per 


Acts,  1941.  — Chap.  685.  1005 

annum  from  the  due  date  until  paid,  or  the  director  may- 
assess  upon  such  employer  in  lieu  of  such  interest  a  penalty 
of  five  dollars  a  day  for  one  or  more  days,  but  not  exceeding 
the  number  of  days  during  which  such  employer  is  in  default. 
(6)  The  director  may  collect  such  overdue  amounts,  to- 
gether with  such  interest  or  such  penalty,  in  an  action  of 
contract  in  the  name  of  the  commonwealth  commenced 
within  three  years  from  January  thirty-first  next  succeeding 
the  determination  by  him  that  the  employer  was  liable  for 
such  amount,  interest  or  penalty,  but  in  no  event  shall  an 
employer  be  liable  for  contributions  due  more  than  three 
calendar  years  prior  to  bringing  suit.  Such  actions  shall  be 
given  precedence  over  other  civil  cases  except  petitions  for 
review  arising  under  section  forty-two. 

(c)  In  addition  to  any  other  remedy  provided  by  law,  the 
director  may,  after  giving  to  an  employer  whom  he  finds  to 
be  in  default  in  any  payment  of  contributions,  interest  or 
penalties  assessed  in  lieu  thereof  provided  by  this  chapter  at 
least  twenty  days  written  notice  by  registered  mail,  addressed 
to  his  last  known  place  of  business  or  address,  of  the  amount 
of  such  contributions,  interest  or  penalties  and  that  he  in- 
tends to  seek  judgment  therefor  in  the  district  court,  file  in 
the  office  of  the  clerk  of  the  district  court  within  the  judicial 
district  of  which  the  employer  has  a  usual  place  of  business 
a  statement  setting  forth  the  name  and  last  known  address 
of  said  employer,  the  amount  of  the  contributions,  interest 
and  penalties  due  and  that  the  director  has  complied  with 
all  the  provisions  of  this  chapter  in  relation  to  the  computa- 
tion and  levy  of  said  contributions,  interest  or  penalties, 
with  a  request  that  judgment  be  entered  against  the  employer 
in  the  amount  of  the  contributions,  interest  and  penalties 
set  forth.  Such  statement  and  request  shall  be  filed  on  a 
regular  return  day  of  said  court  and  the  notice  to  the  em- 
ployer shall  specify  the  return  day  upon  which  they  are  to 
be  filed.  Upon  the  filing  of  such  statement  and  request, 
judgment  shall  be  entered  forthwith  for  the  director  in  the 
amount  of  the  contributions,  interest  and  penalties  specified 
in  the  statement.  Execution  shall  issue  on  judgments  under 
this  section  in  the  same  manner  as  in  actions  at  law. 

(d)  The  employer  may,  prior  to  said  return  day,  pay  the 
amount  specified  in  such  notice  and  shall  thereupon  have  the 
right  to  file,  within  ninety  days  of  said  payment,  a  claim 
against  the  division  for  all  or  part  of  such  amount  and  to 
recover  so  much  thereof  as  may  have  been  erroneously  as- 
sessed or  paid,  such  claim  to  be  brought  and  prosecuted  in 
the  district  court  within  the  judicial  district  of  which  is 
located  the  principal  place  of  business  of  the  employer,  or 
if  his  principal  place  of  business  is  not  located  in  the  com- 
monwealth, in  the  municipal  court  of  the  city  of  Boston.  If 
the  employer  prevails  the  chief  justice  of  the  municipal  court 
of  the  city  of  Boston,  or  the  presiding  justice  of  the  district 
court,  as  the  case  may  be,  shall  certify  to  the  director  the 
amount  found  to  have  been  erroneously  assessed  or  paid  and 


1006 


Acts,  1941.  — Chap.  685. 


Judgments, 
etc.,  a  lien 
on  assets  of 
employer. 


Priority  of 
lien. 

Refunds,  etc. 
Procedure. 


the  said  amount  shall  be  repaid  from  the  clearing  account. 
No  interest  or  costs  shall  be  taxed  against  the  common- 
wealth. 

Section  16.  Judgments  recovered  under  any  provision 
of  section  fifteen  and  overdue  contributions,  with  interest 
thereon  or  penalties  assessed  in  lieu  thereof,  shall,  until  col- 
lected, be  a  lien  against  the  assets  of  the  employer,  subordi- 
nate, however,  to  claims  for  unpaid  wages  and  prior  recorded 
liens ;  provided,  that  no  lien  created  by  this  section  shall  be 
valid  against  a  subsequent  purchaser  or  mortgagee  in  good 
faith  and  for  value  of  land  of  such  emploj'-er,  or  against  a 
subsequent  attaching  creditor  of  land  of  such  employer,  unless 
and  until  there  shall  have  been  recorded  in  the  registry  of 
deeds  for  the  county  or  district  wherein  the  land  lies  a  notice 
by  the  director  of  such  lien,  which  notice  shall  state  the  name 
of  the  employer,  the  address  of  his  principal  place  of  business 
within  the  commonwealth,  and  the  total  amount  then  unpaid 
of  the  aforesaid  overdue  contributions,  and  interest  thereon 
or  penalties  assessed  in  lieu  thereof  or  of  said  judgment.  If 
the  land  affected  is  registered  land,  the  pertinent  provisions 
of  chapter  one  hundred  and  eighty-five  shall  apply.  Such 
lien  may  be  enforced  or  dissolved  in  the  manner  provided  in 
chapter  two  hundred  and  fifty-four  for  enforcing  or  dissolv- 
ing liens  on  buildings  and  land. 

No  recording  fee  shall  be  paid  b}^  the  director  for  filing  a 
notice  of  lien  under  this  section. 

Section  17.  Contributions  and  interest  thereon  or  penal- 
ties assessed  in  lieu  thereof,  shall  have  priority  over  all  other 
claims  against  an  employer,  except  wage  claims. 

Section  18.  If,  within  three  years  after  any  contribution 
has  been  paid,  a  person  who  has  paid  such  contribution, 
interest  thereon  or  penalty  assessed  in  lieu  thereof,  shall 
make  application  for  an  adjustment  or  refund  thereof,  and 
if  the  director  shall  determine  that  such  contribution,  inter- 
est or  penalty,  or  any  portion  thereof,  was  erroneously  col- 
lected, the  director  shall  allow  such  person  to  make  an  adjust- 
ment thereof  in  connection  with  a  subsequent  payment,  or 
shall  authorize  the  refund  of  said  amount,  without  interest, 
in  which  latter  event  such  refund  shall  be  made  from  the 
clearing  account. 

Within  nine  months  after  the  receipt  by  the  applicant  of 
written  notice  from  the  director  that  he  has  denied  an  appH- 
cation  for  a  readjustment  or  a  refund  of  any  contribution  in 
whole  or  in  part,  which  application  has  been  filed  by  an  appli- 
cant who  has  paid  a  contribution  under  this  chapter,  such 
applicant,  in  addition  to  any  other  remedy  which  he  may 
have,  may  bring  an  action  of  contract  against  the  director 
to  recover  the  whole  or  any  part  of  such  contribution.  Such 
action  may  be  brought  in  the  district  court  in  the  judicial 
district  of  which,  or  in  the  superior  court  for  the  county  in 
which,  the  employer  lives  or  has  his  principal  place  of  busi- 
ness, or  in  the  municipal  court  of  the  city  of  Boston.  In 
case  the  court  shall  find  that  the  whole  or  any  part  of  such 


Acts,  1941.  — Chap.  685.  1007 

contribution  was  excessive  or  has  been  collected  or  imposed 
incorrectly  or  unlawfully  the  court  shall  enter  judgment 
accordingly  in  favor  of  the  applicant  and  against  the  director 
but  to  be  repaid  out  of  the  clearing  account,  and  such  judg- 
ment shall  be  so  paid.  No  applicant  shall  be  entitled  to  the 
remedy  provided  in  this  paragraph  upon  any  issue  which 
has  been  raised  in  a  proceeding  brought  under  any  provision 
of  paragraph  (d)  of  section  fifteen. 

If,  within  three  years  after  any  contribution  has  been 
paid,  the  director  shall  determine  that  an  employer  has  paid 
insufficient  contributions,  interest  thereon  or  penalty  as- 
sessed in  lieu  thereof,  the  director  shall  require  such  employer 
to  make  an  adjustment  thereof,  with  interest,  in  connection 
with  a  subsequent  payment,  oran  additional  payment,  with 
interest. 

Interest  under  this  section  shall  not  be  exacted  unless  such 
interest  amounts  to  one  dollar  or  more. 

Section  19.     No  final  payment  shall  be  made  by  the  com-  Final  pay- 
monwealth,  or  by  any  agency  or  instrumentality  thereof,  or  f^rSgVcor- 
by  any  city,  town  or  county  to  a  foreign  corporation  or  to  p°''^*'°"J'  ®^'^- 
a  non-resident  having  no  usual  place  of  business  within  ^'^^ 
the  commonwealth  for  or  on  account  of  services  performed 
within  the  commonwealth  except  upon  certificate  filed  by  the 
director  with  the  state  comptroller,  county,  city  or  town 
treasurer,  or  appropriate  disbursing  official  of  any  other 
political  sub-division  of  the  commonwealth,  that  the  foreign 
corporation  or  non-resident  is  subject  to  the  provisions  of 
this  chapter  and  has  paid  or  made  arrangements  satisfactory 
to  the  director  for  payment  of  contributions  due  thereunder, 
or  that  the  director  has  determined  upon  evidence  satisfac- 
tory to  him  that  said  services  performed  within  this  com- 
monwealth are  not  employment  under  the  provisions  of  this 
chapter. 

Section  20.     (a)  The  director,  with  the  approval  of  the  compromise 
state  advisory  council,  may  enter  into  agreements  of  compro-  butk)ns°*"" 
mise  with   an  employer  in  respect  to  any  contributions,  penalties,  etc. 
penalties  and  interest  due  thereunder  wherein  it  is  deter- 
mined by  the  director  that  there  exists  an  inability  on  the 
part  of  the  employer  to  make  full  payment  of  contribution 
with  interest  or  penalty  thereon,  and  that  said  employer  has 
acted  in  good  faith  in  all  his  relations  with  the  division,  and 
failure  to  compromise  may  result  in  termination  of  the  em- 
ployer's business  and  in  loss  of  employment. 

(6)  When  any  compromise  or  agreement  is  made  under 
provisions  of  this  section,  there  shall  be  placed  on  file  in  the 
office  of  the  division  an  opinion  of  the  director  stating  the 
reasons  therefor  with  a  statement  of  the  amount  of  contribu- 
tion due,  the  amount  of  interest  and  additional  penalty  im- 
posed by  the  director  in  consequence  of  the  neglect  or  delin- 
quency of  the  employer  involved  and  the  amount  actually 
paid  in  accordance  with  the  terms  of  the  compromise.  A 
copy  of  said  opinion  and  statement  shall  be  filed  with  the 
state  advisory  coun«il. 


1008 


Acts,  1941.  — Chap.  685. 


Contributions 
deductible 
from  gross 
income. 


(c)  The  provisions  of  subsections  (a)  and  (b)  of  this  sec- 
tion shall  not  apply  to  an  employer  where  there  is  an  unem- 
ployment excise  tax  due  on  the  same  services  under  provi- 
sions of  the  Internal  Revenue  Code,  unless  said  agreement  of 
compromise  shall  be  contingent  upon  an  agreement  or  com- 
promise substantially  similar  in  terms  having  been  concluded 
under  provisions  of  the  Internal  Revenue  Code  as  to  federal 
unemployment  taxes,  and  evidence  satisfactory  thereof  to 
the  director  having  been  placed  on  file  in  the  office  of  the 
division. 

(d)  Such  agreement  or  compromise  shall  be  final  and  con- 
clusive except  upon  a  showing  of  fraud,  malfeasance  or  mis- 
representation of  a  material  fact. 

Section  21.  Contributions  made  by  employers  in  accord- 
ance with  this  chapter  shall  be  considered  ordinary  and 
necessary  expenses  of  the  business  of  the  employer,  and  de- 
ductible from  gross  income  from  professions,  employments, 
trades  or  businesses  returnable  for  taxation  under  chapter 
sixty-two,  or  from  corporate  income  returnable  for  taxation 
under  chapter  sixty-three. 


Benefits, 
how  paid. 


Waiting 
periods,  how 
determined. 


BENEFITS. 

Section  22.  Benefits  shall  be  payable  from  the  unemploy- 
ment compensation  fund  to  any  individual  eligible  for  bene- 
fits under  this  chapter.  Such  benefits  shall  be  paid,  through 
the  employment  offices  operated  by  the  commonwealth  or 
such  other  agencies  of  the  division  of  employment  security 
as  the  Federal  Social  Security  Board  or  its  successor  may 
approve,  at  such  times  and  in  such  manner  as  the  director 
shall  prescribe. 

Section  23.  Benefits  shall  be  paid  to  an  eligible  individual 
for  no  more  than  his  weeks  of  unemployment  subsequent  to 
a  waiting  period,  the  duration  of  which  shall  be  determined 
as  follows: 

(a)  A  totally  unemployed  individual,  and  an  individual 
who  is  in  partial  unemployment  and  who  registers  at  an  em- 
ployment office  or  other  place  of  registration  maintained  or 
designated  by  the  director  or  has  otherwise  given  notice  of 
his  unemployment  in  accordance  with  the  procedures  pre- 
scribed by  the  director,  shall  be  eligible  for  benefits  for  un- 
employment subsequent  to  a  waiting  period  sustained  with 
respect  to  the  benefit  year  to  which  the  claim  applies,  which 
benefit  year  includes  the  week  for  which  he  claims  payment 
for  benefits.  Said  waiting  period  shall  consist  of  two  weeks 
of  total  unemployment,  four  weeks  of  partial  unemploy- 
ment or  any  combination  of  weeks  in  which  there  occurs  one 
week  of  total  and  two  weeks  of  partial  unemployment.  No 
benefits  shall  be  or  become  payable  during  said  waiting  period. 
The  weeks  need  not  be  successive. 

(6)  With  respect  to  an  individual  in  total  unemployment 
who  has  registered  or  given  notice  as  required  by  this  section 
the  waiting  period  shall  commence  on  "the  Sunday  nearest 


Acts,  1941.  — Chap.  685.  1009 

the  date  of  registration.  With  respect  to  an  individual  in 
partial  unemployment,  such  waiting  period  shall  commence 
on  the  Sunday  next  but  one  preceding  such  registration  or 
notice;  provided,  that  in  the  case  of  an  individual  in  partial 
unemployment  the  director  may  prescribe  an  earlier  Sunday 
on  which  such  period  shall  commence. 

(c)  There  shall  not  be  counted  towards  the  required  wait- 
ing period  of  an  individual  any  week  in  which  he  fails  to 
comply  with  the  requirements  of  this  section  and  of  sections 
twenty-four  and  twenty- five. 

(d)  There  may  be  counted  toward  the  required  waiting 
period  of  an  individual  any  week  in  which  he  receives  remu- 
neration on  a  subsistence  basis  for  services  rendered  to  a  state 
or  federal  agency  designed  or  created  to  relieve  unemploy- 
ment. 

(e)  For  the  purpose  of  this  section,  a  week  of  unemploy- 
ment of  an  individual  shall  be  counted  toward  the  waiting 
period  or  for  benefit  purposes  only  if  such  week  occurs  sub- 
sequent to  the  date  on  which  his  employer  satisfied  the 
conditions  which  rendered  him  an  employer  subject  to  this 
chapter. 

Section  24-    An  individual,  in  order  to  be  eligible  for  bene-  EiigibUity 
fits  under  this  chapter,  shall  —  ^^'^  ''«''^^*«- 

(a)  Have  been  paid  wages  in  his  base  period  of  not  less 
than  one  hundred  and  fifty  dollars. 

(6)  Be  capable  of  and  available  for  work  and  unable  to 
obtain  work  in  his  usual  occupation  or  any  other  occupation 
for  which  he  is  reasonably  fitted;  and 

(c)  Have  given  notice  of  his  unemployment,  by  register- 
ing either  in  a  public  employment  office  or  in  such  other 
manner,  and  within  such  time  or  times,  as  the  director  shall 
prescribe,  and  have  given  notice  of  the  continuance  of  his 
unemployment  and  furnished  information  concerning  wages 
and  compensation  received  by  him  during  such  time  for  any 
employment,  whether  subject  to  this  chapter  or  not,  in  ac- 
cordance with  the  procedures  prescribed  by  the  director. 

Section  25.     No  waiting  period  shall  be  allowed  and  no  when  waiting 
benefits  shall  be  paid  to  an  individual  under  this  chapter  ben^t^not 

for allowed. 

(a)  Any  week  in  which  he  fails  without  good  cause  to 
comply  with  the  registration  and  filing  requirements  of  the 
director.  The  director  shall  furnish  copies  of  such  require- 
ments to  each  employer,  who  shall  notify  his  employees  of 
the  terms  thereof  when  they  become  unemployed.  Any 
failure  to  furnish  information  accurately  concerning  any 
material  fact,  including  amounts  of  wages  and  compensa- 
tion received,  as  provided  in  subsection  (c)  of  section  twenty- 
four,  may,  at  the  discretion  of  the  director  disqualify  the 
individual  furnishing  such  inaccurate  information  from  serv- 
ing a  waiting  period  or  receiving  any  benefits  for  not  more 
than  ten  compensable  weeks  subsequent  to  the  time  of  fur- 
nishing such  inaccurate  information  or  of  the  discovery  that 
such  inaccurate  information  was  so  furnished. 


1010  Acts,  1941.  — Chap.  685. 

(6)  Any  week  with  respect  to  which  the  director  finds 
that  his  unemployment  is  due  to  a  stoppage  of  work  which 
exists  because  of  a  labor  dispute  at  the  factory,  estabhsh- 
ment  or  other  premises  at  which  he  was  last  employed ;  pro- 
.  vided,  that  this  subsection  shall  not  apply  if  it  is  shown  to 
the  satisfaction  of  the  director  that  — 

(1)  He  is  not  participating  in  or  financing  or  directly 
interested  in  the  labor  dispute  which  caused  the  stoppage  of 
work;  and  that 

(2)  He  does  not  belong  to  a  grade  or  class  of  workers  of 
which,  immediately  before  the  commencement  of  the  stop- 
page, there  were  members  employed  at  the  premises  at  which 
the  stoppage  occurs,  any  of  whom  are  participating  in  or 
financing  or  directly  interested  in  the  dispute;  provided, 
that  if,  in  any  case,  separate  branches  of  work  which  are 
commonly  conducted  as  separate  businesses  in  separate 
premises  are  conducted  in  separate  departments  of  the  same 
premises,  each  such  department  may,  for  the  purposes  of 
this  subsection,  be  deemed  a  separate  factory,  establishment 
or  other  premises. 

(3)  For  the  purposes  of  this  chapter,  the  payment  of  regu- 
lar union  dues  or  assessments  shall  not  be  construed  as 
participating  in  or  financing  or  being  directly  interested  in  a 
labor  dispute. 

(c)  Any  week  in  which  an  otherwise  eligible  individual 
fails,  without  good  cause,  to  apply  for  suitable  empIo3^TOent 
whenever  notified  so  to  do  by  the  employment  office,  or  to 
accept  suitable  employment  whenever  offered  him,  and  for 
so  many  of  the  next  four  consecutive  weeks  as  the  director 
shall  determine  from  the  circumstances  in  each  case  in  addi- 
tion to  the  waiting  period  provided  in  section  twenty-three, 
and  the  duration  of  benefits  for  unemplojaiient  to  which  the 
employee  would  otherwise  have  been  entitled  may  thereupon 
be  reduced  for  so  many  weeks,  not  exceeding  four,  as  the 
director  shall  determine  from  the  circumstances  of  each  case. 

"Suitable  employment",  as  used  in  this  subsection,  shall 
be  determined  by  the  director,  who  shall  take  into  considera- 
tion whether  the  employment  is  detrimental  to  the  health, 
safety  or  morals  of  an  employee,  is  one  for  which  he  is  rea- 
sonably fitted  by  training  and  experience,  including  em- 
ployment not  subject  to  this  chapter,  is  one  which  is  located 
within  reasonable  distance  of  his  residence  or  place  of  last  em- 
ployment, and  is  one  which  does  not  involve  travel  expenses 
substantially  greater  than  that  required  in  his  former  work. 

No  work  shall  be  deemed  suitable,  and  benefits  shall  not 
be  denied  under  this  chapter  to  any  otherwise  eligible  indi- 
vidual for  refusing  to  accept  new  work  under  any  of  the 
following  conditions :  — 

(1)  If  the  position  offered  is  vacant  due  directly  to  a 
strike,  lockout  or  other  labor  dispute; 

(2)  If  the  remuneration,  hours  or  other  conditions  of  the 
work  offered  are  substantially  less  favorable  to  the  indi- 
vidual than  those  prevailing  for  similar  work  in  the  locality; 


Acts,  1941.  — Chap.  685.  1011 

(3)  If  acceptance  of  such  work  would  require  the  indi- 
vidual to  join  a  company  union  or  would  abridge  or  limit 
his  right  to  join  or  retain  membership  in  any  bona  fide  labor 
organization  or  association  of  worlonen. 

(d)  Any  period  with  respect  to  which  he  is  receiving  or 
has  received  or  is  about  to  receive  remuneration  in  the  form 
of  (1)  payments  in  lieu  of  dismissal  notice;  (2)  vacation 
allowances;  (3)  compensation  for  partial  or  total  disability 
under  the  Workmen's  Compensation  Law  of  any  state  or 
under  any  similar  law  of  the  United  States,  but  not  includ- 
ing payments  for  certain  specified  injuries  under  section 
thirty-six  of  chapter  one  hundred  and  fifty-two;  or  pay- 
ments for  similar  specified  injuries  under  workmen's  com- 
pensation laws  of  any  state  or  under  any  similar  law  of  the 
United  States;  or  (4)  a  primary  insurance  benefit  under 
Title  II  of  the  Social  Security  Act,  or  similar  old  age  bene- 
fits under  any  act  of  Congress. 

(e)  The  period  of  unemployment  next  ensuing  after  an 
individual  has  left  his  employment; 

(1)  Voluntarily  without  good  cause  attributable  to  the 
employing  unit  or  its  agent,  or 

(2)  By  discharge  shown  to  the  satisfaction  of  the  director 
to  be  attributable  solely  to  deliberate  misconduct  in  wilful 
disregard  of  the  employing  unit's  interest. 

Section  26.  No  waiting  period  shall  be  served  and  no  Benefits  from 
benefits  shall  be  paid  under  this  chapter  to  an  individual  other  sources. 
for  any  week  with  respect  to  which,  or  a  part  of  which,  he 
has  received  or  is  seeking  unemployment  benefits  under  an 
unemployment  compensation  law  or  employment  security 
law  of  any  other  state  or  of  the  United  States;  provided, 
that,  if  the  appropriate  agency  of  such  other  state  or  of  the 
United  States  finally  determines  that  he  is  not  entitled  to 
such  unemployment  benefits,  this  section  shall  not  apply. 

Section  27.  No  waiting  period  may  be  served  and  no  Pregnancy. 
benefits  shall  be  paid  for  the  period  of  unemployment  next 
ensuing  after  an  individual  has  become  unavailable  for  work 
because  of  pregnancy;  provided,  that  in  no  event  shall  a 
waiting  period  be  served  or  benefits  paid  for  the  two  weeks 
prior  to  or  the  four  weeks  next  ensuing  after  the  date  of 
birth  of  the  child. 

Section  28.    Wages  earned  for  services  defined  in  subsec-  Federal  Raii- 
tion  {i)  of  section  six  irrespective  of  when  performed,  shall  ^^^"^  unem- 
not  be  included  in  determining  eligibility  for  benefits  under  suraMrAct"' 
this  chapter  for  the  purposes  of  any  benefit  year  commencing 
after  July  first,  nineteen  hundred  and  thirty-nine,  nor  shall 
any  benefits  with  respect  to  unemployment  occurring  on  or 
after  said  July  first,  nineteen  hundred  and  thirty-nine,  be 
payable  on  the  basis  of  such  wages. 

Section  29.     (a)    An  individual  in  total  unemployment  Amount  of 
and  otherwise  eligible  for  benefits  shall  be  paid  for  each  week  benefits. 
of  unemployment  an  amount  based  on  the  highest  quarterly 
wage  of  his  base  period  as  provided  in  the  following  table :  — 


1012 


Acts,  1941.  - 

—  Chap 

.  685. 

Total  Wages  Paid 

Weekly 

in  Highest  Quarter. 

Benefit  Rate. 

$159  99  or  less    .... 

.      $6  00 

160  00-S179  99 

7  00 

180  00- 

199  99 

8  00 

200  00- 

219  99 

9  00 

220  00- 

239  99 

10  00 

240  00- 

259  99 

11  00 

260  00- 

279  99 

12  00 

280  00-  299  99 

13  00 

300  00- 

319  99 

14  00 

320  00  and  over 

15  00 

Maximum 

benefits 

payable. 


Re-employ- 
ment and 
exhaustion  of 
benefits,  etc. 


Modified 
benefits,  etc., 
in  certain 
instances. 


(6)  An  individual  in  partial  unemployment  and  otherwise 
eligible,  shall  be  paid  the  difference  between  the  aggregate 
remuneration  he  has  earned  during  each  week  of  partial 
unemployment  and  the  weekly  benefit  rate  to  which  he  would 
have  been  entitled  if  totally  unemployed.  Said  partial  bene- 
fit shall  be  raised  to  the  next  highest  dollar  if  it  includes  a 
fractional  part  of  a  dollar. 

Section  30.  The  total  benefits  which  an  unemployed 
individual  may  receive  during  his  benefit  year  shall  be  an 
amount  equal  to  thirty  per  cent  of  his  wages  in  the  base 
period,  or  an  amount  equal  to  twenty  times  his  benefit  rate, 
whichever  is  the  lesser.  If  such  amount  includes  a  frac- 
tional part  of  a  dollar,  it  shall  be  raised  to  the  next  highest 
dollar. 

Section  31.  (a)  An  individual  who  on  April  first  of  any 
year  is  or  was  serving  a  waiting  period  or  who  is  receiving 
consecutive  payments  for  compensable  weeks  shall  be  paid 
benefits  if  otherwise  entitled  thereto  in  accordance  with  the 
law  in  effect  at  the  time  the  individual  registered  until  such 
time  as  the  individual  becomes  re-employed  or  has  exhausted 
his  benefits  or  otherwise  becomes  ineligible.  When  such  an 
individual  has  become  re-employed  or  exhausted  his  benefits 
or  become  otherwise  ineligible,  he  shall  thereafter  be  inehgible 
for  benefits  until  he  shall  have  again  registered  and  served  a 
waiting  period  as  provided  herein. 

(6)  If  such  an  individual  shall  register  and  serve  a  waiting 
period  and  again  become  eligible  for  benefits,  there  shall  be 
deducted  from  the  aggregate  amount  of  benefits  to  which  he 
would  be  entitled  during  the  current  benefit  year  the  amount 
of  benefits  previously  paid  to  him  for  weeks  of  unemployment 
during  the  current  benefit  year.  In  no  event  shall  an  indi- 
vidual be  entitled  to  receive  within  any  benefit  year  benefits 
in  excess  of  the  amount  set  forth  in  section  thirty. 

Section  32.  If  in  any  six  months'  period  the  amount  paid 
in  benefits  from  the  unemployment  compensation  fund  has 
exceeded  the  income,  or  if,  in  the  judgment  of  the  director, 
the  reserves  in  said  fund  are  in  serious  danger  of  depletion, 
the  director  may  declare  an  emergency  and  announce  a 
modified  scale  of  benefits,  an  increased  waiting  period,  or 
other  changes  in  the  requirements  regarding  eligibility  for 
receipt  of  benefits  which  he  may  deem  necessary  to  maintain 
the  reserves  of  said  fund. 


Acts,  1941.  — Chap.  685.  1013 

Section  S3.  Wherever  in  any  industry,  employment  or  Seasonal 
occupation,  or  branch  thereof,  because  of  its  seasonal  nature,  occupations, 
it  is  customary  to  operate  only  during  a  regularly  recurring 
period  or  periods  of  less  than  forty  weeks  in  length,  and 
whenever  there  are  individuals  employed  in  such  industry, 
employment  or  occupation  who  are  not  ordinarily  employed 
during  the  year  in  any  other  work,  the  director  may,  for 
the  purposes  of  this  chapter,  ascertain,  and  determine,  or  re- 
determine, after  investigation,  such  seasonal  period  or  periods 
for  each  such  seasonal  industry,  employment  or  occupation, 
or  branch  thereof.  When  the  director  has  determined  such 
seasonal  period  or  periods,  he  shall  also  fix  the  right  to  bene- 
fits and  the  conditions  required  for  the  payment  of  benefits 
to  such  individuals,  and  shall  so  modify  the  requirements  for 
ehgibility  to  benefits  and  the  conditions  required  for  pay- 
ment thereof  that  such  individuals  will  receive  benefits  in 
reasonable  proportion  to  the  length  of  time  during  which 
they  have  been  employed  in  such  industry,  employment  or 
occupation.  For  the  purposes  of  this  chapter,  no  industry, 
employment  or  occupation  or  branch  thereof  shall  be  deemed 
seasonal  until  the  director  shall  have  made  such  a  determina- 
tion. 

Section  S4-  An  individual  who,  owing  to  personal  cir-  Part-time 
cumstances,  is  unable  or  unwilUng  to  work  the  usual  full  ^°'"''^'"^- 
time,  and  who  normally  works  less  than  the  full  time  pre- 
vailing in  his  place  of  employment  and  in  the  type  of  em- 
ployment in  which  he  is  engaged,  may  register  as  a  part- 
time  worker  in  such  manner  as  the  director  may  prescribe. 
The  director  may  fix  the  conditions  required  to  qualify  for 
benefits  in  such  cases  and  may  suitably  modify  the  provisions 
of  section  twenty-four,  and  shall  also  fix  proportionately 
maximum  and  minimum  benefits  in  place  of  the  maximum 
and  minimum  amounts  provided  in  sections  twenty-nine 
and  thirty. 

Section  35.    No  agreement  by  an  individual  to  waive  his  Agreement  to 
right  to  benefit  or  any  other  right  under  this  chapter,  or  to  ^oTenefita* 
pay  all  or  any  portion  of  the  contributions  required  here-  invalid. 
under  from  his  employer,  shall  be  valid.    No  employer  shall 
make,  or  permit  or  require,  any  deduction  from  wages  or 
salary  of  an  employee  to  finance  in  whole  or  in  part  the 
contributions  required  of  the  employer,  or  require  any  waiver 
by  an  employee  of  any  right  hereunder.    The  dii-ector  may 
make  orders  for  the  enforcement  of  this  section,  and  shall 
cause  all  violations  thereof  and  of  this  section  to  be  prose- 
cuted. 

Section  36.  Benefits  which  are  or  may  become  due  under  Benefits  not 
this  chapter  shall  not  be  assigned,  pledged,  encumbered,  ptedgedT^tc!*^' 
released,  commuted  or  trusteed  before  payment;  and  when 
paid  shall,  as  long  as  they  are  not  mingled  with  other  funds 
of  the  beneficiary,  be  exempt  from  all  claims  of  creditors, 
and  from  levy,  execution  and  attachment  or  other  remedy 
now  or  hereafter  provided  for  the  recovery  or  collection  of 
debt,  which  exemption  may  not  be  waived. 


1014 


Acts,  1941. —  Chap.  685. 


Attorneys' 
fees,  etc. 

Approval  of. 


Section  37.  No  fee  shall  be  charged  in  any  proceeding 
under  this  chapter  by  the  director  for  any  of  his  agents  or 
representatives. 

In  any  proceeding  under  this  chapter  a  party  may  be 
represented  b}^  an  agent  or  attorney.  No  fees  for  the  serv- 
ices rendered  by  such  agent  or  attorney  to  an  individual 
claiming  benefits  shall  be  allowable  or  payable  unless  the 
amount  thereof  shall  have  been  previously  approved  by  the 
director,  except  in  proceedings  arising  under  sections  forty 
and  forty-one  when  such  fees  shall  be  so  approved  by  the 
board  of  review.  Whoever  exacts  or  receives  any  remuner- 
ation or  gratuity  for  any  services  rendered  on  behalf  of  a 
benefit  claimant  under  this  chapter,  except  as  authorized 
by  this  section,  or  who  solicits  the  business  of  appearing  on 
behalf  of  such  a  benefit  claimant,  or  who  makes  it  a  business 
to  solicit  employment  for  another  in  connection  with  the 
making  of  any  claim  for  benefits  under  this  chapter,  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  more  than  six  months,  or  both. 


CLAIMS   AND   APPEALS. 

Benefit  claims,  SectioTi  38.  Benefit  claims  shall  be  filed  at  the  employ- 
how  filed.  ment  office  at  which  the  claimant  has  registered  as  unem- 
ployed. The  director  shall  prescribe  the  form,  the  time, 
and  the  manner  in  which  such  claims,  other  than  disputed 
claims,  shall  be  filed.  The  director  shall  also  prescribe  the 
form  and  manner  in  which  reports  on  claims  required  from 
the  claimant  and  from  the  employing  units  shall  be  presented, 
and  the  conduct  of  hearings,  other  than  those  on  appeals. 
Such  procedure  shall  be  designed  to  ascertain  the  substan- 
tive rights  of  the  parties  involved,  without  regard  to  com- 
mon law  or  statutory  rules  of  evidence  and  other  technical 
rules  of  procedure.  Notice  of  a  claim  so  filed  shall  be  given 
promptly  by  the  director  or  his  authorized  representative  to 
the  most  recent  employing  unit  of  the  claimant  and  to  such 
other  persons  as  the  director  may  prescribe.  If  such  em- 
ploying unit  or  person  has  reason  to  beheve  there  has  been 
misrepresentation  or  has  other  reasons  which  might  affect 
the  allowance  of  said  claim,  it  or  he  shall  return  the  said 
notice  to  the  director  with  the  reasons  stated  thereon  within 
five  days  after  receipt  but  in  no  case  more  than  seven  days 
after  mailing  of  said  notice,  in  accordance  with  the  proce- 
dure prescribed  by  the  director.  For  the  purposes  of  this 
section,  it  shall  be  deemed  that  said  notice  has  been  returned 
as  of  the  date  indicated  by  the  postal  cancellation  stamp 
thereon.  The  director  may  require  the  return  by  an  employ- 
ing unit  or  interested  person  of  any  such  notice  of  claim 
together  with  such  information  concerning  the  basis  of  said 
claim  as  he  may  request.  P'ailure  to  return  said  notice  and 
information  within  the  time  provided  in  this  section  or  pre- 
scribed by  the  director  shall  bar  the  emplojang  unit  or  other 
interested  party  from  being  a  party  to  further  proceedings 


Acts,  1941.— Chap.  685.  1015 

relating  to  the  allowance  of  the  claim,  and  wilful  failure  to 
return  it  within  such  time  shall  be  subject  to  the  penalties 
provided  in  section  forty-seven. 

Section  39.  The  director  or  his  authorized  representative  Determination 
shall  promptly  determine,  in  accordance  with  the  procedure  °f  cia'im.*^ 
established  by  the  director,  and  after  making  such  inquiries 
and  investigation  as  he  deems  necessary,  whether  or  not  the 
claim  is  valid  and  the  amount,  if  any,  of  the  benefits  payable 
thereunder,  and  shall  promptly  give  notice  of  such  deter- 
mination, together  with  the  reasons  therefor,  to  the  claimant, 
and  in  the  event  that  the  claim  is  declared  valid,  shall  give 
notice  to  any  employing  unit  or  other  interested  person  who 
shall  have  returned  notice  in  accordance  with  section  thirty- 
eight.  In  accordance  with  the  procedure  prescribed  by  the 
director,  benefits  shall  be  paid  or  denied,  unless  an  applica- 
tion for  a  review  is  filed  in  accordance  with  section  forty. 
Default  in  payment  of  contributions  by  an  employer  shall 
not  in  any  manner  adversely  affect  the  rights  of  any  employee 
otherwise  eligible  for  benefits. 

Section  40.     A  claimant  or  interested  party  may,  within  Application 
five  days  after  receipt,  but  in  no  case  more  than  seven  days  ^°^  review, 
after  mailing  to  him  of  notice  of  the  determination,  file  an 
application  for  a  review  of  such  determination  by  the  board 
of  review. 

Section  4^  •  Unless  such  application  for  a  review  is  with-  Hearings  by 
drawn,  the  board  of  review,  after  affording  the  parties  reason-  re°idew?^ 
able  opportunity  for  fair  hearing,  shall  affirm  or  modify  the  Notice,  etc. 
findings  of  fact  and  decisions  of  the  director  or  his  authorized 
representative.  The  board  of  review  may  appoint  one  or 
more  examiners,  selected  in  accordance  with  section  nine 
K  of  chapter  twenty-three,  to  conduct  such  hearings,  and 
the  decision  of  any  examiner  so  appointed  shall  be  deemed  to 
be  the  decision  of  the  board  of  review  from  the  date  of  the 
filing  thereof  with  the  director,  unless  the  said  board,  on  its 
own  motion  or  on  application  duly  made  to  it,  modifies  or 
rescinds  such  decision.  The  board  shall  give  notice  to  the 
parties  of  its  decision  with  its  reasons  therefor  by  mailing  to 
each  party  at  his  last  known  address  postage  prepaid  a  copy 
of  such  decision  and  reasons.  In  lieu  of  such  mailing,  such 
copy  may  be  delivered.  No  member  or  representative  of  the 
said  board  shall  participate  in  any  case  in  which  he  is  an 
interested  party.  The  manner  in  which  disputed  claims  shall 
be  presented,  and  the  conduct  of  hearings  on  appeals,  shall 
be  in  accordance  with  regulations  prescribed  by  the  board  of 
review  for  determining  the  rights  of  the  parties,  whether  or 
not  such  regulations  conform  to  common  law  or  statutory 
rules  of  evidence  and  other  technical  rules  of  procedure. 
Such  regulations  shall  include  provision  for  the  following :  — 

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

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

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


1016 


Acts,  1941.  — Chap.  685. 


Jurisdiction 
of  district 
courta. 

Appeal  to 
supreme  court. 


Director  to 
be  represented 
by  attorney 
general. 


Powers  of 
director,  etc., 
to  summons 
witnesses,  etc. 


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

A  full  and  complete  record  shall  be  kept  of  all  proceedings 
in  connection  with  a  disputed  claim.  All  testimony  at  any 
hearing  upon  a  disputed  claim  shall  be  recorded,  but  need 
not  be  transcribed  unless  the  disputed  claim  is  further  ap- 
pealed. Unless  action  is  taken  under  section  forty-two,  the 
decision  of  the  board  of  review  shall  be  final  on  all  questions 
of  fact  and  law,  and  the  director  shall  thereupon  authorize 
the  payment  of  the  benefits,  if  any,  found  payable. 

Section  1^2.  The  director  or  any  interested  person  ag- 
grieved by  any  decision  of  fact  or  of  law  in  any  proceeding 
under  section  twelve  or  sections  thirty-eight  and  thirty-nine 
may,  after  exhaustion  of  other  appellate  remedies  provided 
under  sections  forty  and  forty-one,  present  certified  copies 
of  such  decision  of  the  board  of  review  and  all  papers  in 
connection  therewith  to  the  district  court  for  the  district  in 
which  he  resides,  or  to  the  municipal  court  of  the  city  of  Bos- 
ton, and  if  so  presented  to  the  municipal  court  of  the  city  of 
Boston,  the  court  may,  upon  a  motion  of  any  party  in  interest, 
order  the  case  removed  to  the  district  court  in  the  judicial 
district  in  which  any  of  the  parties  in  interest  reside.  The 
court  shall  thereupon  render  a  decision  or  decree  in  accord- 
ance therewith  and  notify  the  parties.  Such  decision  or  de- 
cree shall  have  the  same  effect,  and  all  proceedings  in  rela- 
tion thereto  shall  thereafter  be  the  same  as  though  rendered 
in  an  action  duly  heard  and  determined  by  said  court,  except 
that  there  shall  be  no  appeal  therefrom  upon  questions  of 
fact,  and  except  that  there  shall  be  no  appeal  from  any 
decision  or  decree  based  upon  any  decision  of  the  board  of 
review  which  has  not  been  presented  to  the  court  within 
twenty  days  after  notice  of  the  filing  thereof  by  the  said 
board  of  review.  An  appeal  may  be  taken  by  an  aggrieved 
party  to  the  supreme  judicial  court  on  questions  of  law.  The 
director  shall  thereupon  enter  an  order  in  accordance  with 
the  decision  or  decree  of  the  court.  The  director  shall  be 
deemed  to  be  a  party  to  any  proceeding  hereunder  involving 
any  such  decision.  The  hearing  of  such  appeal  shall  be  given 
precedence  over  other  civil  matters  pending  in  said  court. 

The  supreme  judicial  or  superior  court,  upon  a  bill  in 
equity  brought  by  the  director  against  a  claimant  and  all 
other  interested  persons,  may  determine  any  question  of 
law  arising  upon  any  claim  arising  under  section  thirty-eight. 

Section  42A..  In  any  action  to  enforce  any  provision  of 
this  chapter,  or  any  criminal  proceedings  thereunder,  the 
director  shall  be  represented  by  the  attorney  general,  or  by 
any  attorney  at  law  designated  by  the  attorney  general  for 
such  purpose. 

Section  J^S.  In  the  discharge  of  the  duties  prescribed  by 
this  chapter,  the  director  and  the  members  of  the  board  of 
review  and  of  the  state  advisory  council,  or  the  duly  author- 
ized representative  of  any  of  them,  shall  have  the  power  to 


Acts,  1941.  — Chap.  685.  1017 

administer  oaths,  take  depositions,  certify  to  official  acts, 
and  require  by  summons  the  attendance  of  witnesses  and 
the  production  of  books,  papers,  documents  and  records. 
Witnesses  so  summoned  shall  be  paid  for  attendance  and' 
travel  the  same  fees  as  witnesses  in  civil  actions  before  the 
courts.  Such  fees  shall  be  paid  from  the  employment  secu- 
rity administration  account.  In  case  of  refusal  to  obey  a 
subpoena  issued  to  any  person  under  authority  of  this  chap- 
ter, any  court  of  the  commonwealth,  within  the  jurisdiction 
of  which  the  inquiry  is  carried  on  or  the  person  so  refusing 
to  obey  is  found  or  resides  or  transacts  business,  may,  upon 
apphcation  by  the  director  or  his  duly  authorized  representa- 
tive or  the  board  of  review,  issue  to  such  person  an  order 
requiring  him  to  appear  before  the  director,  or  his  duly 
authorized  representative  or  the  board  of  review,  as  the 
case  may  be,  to  produce  evidence  if  so  ordered  or  to  give 
testimony  touching  the  matter  under  investigation  or  in 
question;  and  any  failure  to  obey  such  order  of  the  court 
may  be  punished  by  said  court  as  a  contempt  thereof.  No 
person  shall  be  excused  from  giving  testimony,  or  from  pro- 
ducing any  book,  record,  document  or  other  paper,  perti- 
nent to  the  matter  in  question,  in  any  investigation  or  in- 
quiry by,  or  upon  any  hearing  before,  the  director  or  the 
board  of  review  or  the  duly  authorized  representative  of  the 
director  or  said  board,  when  ordered  to  do  so  by  the  direc- 
tor, or  said  board,  or  such  representative,  respectively,  upon 
the  ground  that  the  testimony  or  the  book,  record,  document 
or  other  paper  required  of  him  may  tend  to  incriminate  him 
or  subject  him  to  a  penalty  or  forfeiture;  but  no  person  shall 
be  prosecuted,  punished  or  subject  to  any  penalty  or  for- 
feiture for  or  on  account  of  any  act,  transaction,  matter  or 
thing  concerning  which,  after  claiming  his  privilege,  he  shall 
by  order  have  testified  or  produced  documentary  evidence, 
except  for  perjury  committed  in  giving  such  testimony  or 
forge rj'-  committed  by  him  in  such  documentary  evidence. 

RECORDS   AND   REPORTS. 

Section  4-4-     (a)  The  director  shall  maintain  a  separate  Accounts  for 
account  for  each  employer,  crediting  his  account  with  all  employers. 
the  contributions  which  he  has  paid  during  each  year.  Records,  etc. 

(6)  The  director  shall  maintain  suitable  records  for  each 
employee  on  which  may  be  recorded  his  quarterly  wages 
and  such  other  pertinent  information  as  the  director  may 
prescribe. 

■  (c)  The  director  may  destroy  or  dispose  of  any  records, 
reports,  claims,  or  other  papers  which,  in  his  opinion,  are 
no  longer  of  any  value  to  the  division,  and  he  may  make 
such  summaries  or  compilations,  photographs,  duplications 
or  reproductions  of  any  such  records,  reports,  claims  or  other 
papers,  which  he  deems  advisable  to  preserve  the  informa- 
tion contained  therein  and  such  summaries,  compilations, 
photographs,  duplications  or  reproductions  shall  be  admis- 


1018 


Acts,  1941.  — Chap.  685. 


Records  of 
employing 
unite. 


Information 
to  be  con- 
fidential. 


sible  in  evidence  in  any  proceeding  in  any  court  of  the 
commonwealth  if  the  original  would  have  been  admissible 
therein. 

Section  ^5.  Every  employing  unit  shall  keep  true  and 
accurate  records  of  all  individuals  employed  by  him  and 
such  other  information  as  the  director  deems  necessary  for 
the  effective  administration  of  this  chapter.  Such  records 
shall  be  open  to  inspection  by  the  director  or  his  authorized 
representatives  at  any  reasonable  time.  The  director  may 
require  from  any  such  employing  unit  such  reports  on  wages, 
hours,  employment,  unemployment  and  related  matters 
concerning  his  employees  as  the  director  deems  necessary 
for  the  effective  administration  of  this  chapter,  and  every 
such  employing  unit  shall  fully,  correctly  and  promptly  fur- 
nish to  the  director  all  information  required  by  him  to  carry 
out  the  purposes  and  provisions  of  this  chapter.  The  direc- 
tor may  require  that  such  information  be  verified  under 
oath,  which  may  be  administered  by  the  director,  or  any 
person  thereto  authorized  by  him. 

Section  J^6.  Information  secured  pursuant  to  this  chapter, 
shall  be  confidential  and  for  the  exclusive  use  and  informa- 
tion of  the  division  in  the  discharge  of  its  duties  hereunder. 
Such  information  shall  not  be  open  to  the  public,  nor  shall 
it  be  used  in  any  action  or  proceeding  unless  the  division  or 
the  commonwealth  is  a  party  to  such  action  or  proceeding, 
or  unless  such  action  or  proceeding  is  in  the  nature  of  a 
criminal  prosecution  under  some  provision  of  federal  law, 
but  any  employer  or  claimant,  upon  request,  shall  be  sup- 
plied by  the  division  with  information  concerning  his  own 
record  which  is  necessary  to  him  in  his  relations  with  the 
division.  Whoever,  except  with  authority  of  the  director  or 
pursuant  to  his  rules  and  regulations,  or  as  otherwise  re- 
quired or  authorized  by  law,  shall  disclose  the  same,  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  more  than  six  months,  or  both; 
provided,  that  nothing  herein  shall  be  construed  to  prevent 
the  director  from  complying  with  the  provisions  of  section 
sixty-four  or  from  conducting  any  investigation  he  deems 
relevant  in  connection  herewith,  nor  to  prevent  the  director 
from  publishing  in  statistical  form  the  results  of  any  such 
investigations  without  disclosing  the  identity  of  the  indi- 
viduals involved. 


PENALTIES. 

Penalties.  Ssctton  1+7.    Whoever  wilfully  makes  a  false  statement  or 

representation  to  obtain  or  increase  any  benefit  or  other 
payment  under  any  provision  of  this  chapter,  either  for 
himself  or  for  any  other  person,  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  for  not  more  than  thirty  days, 
or  both.  Each  such  false  statement  or  representation  shall 
constitute  a  separate  offence. 


Acts,  1941.  — Chap.  685.  1019 

Any  employing  unit,  or  any  officer  or  agent  of  an  employ- 
ing unit,  who  wilfully  makes  a  false  statement  or  representa- 
tion to  avoid  or  reduce  any  contribution  or  benefit  payment 
required  of  such  employing  unit  under  any  provision  of  this 
chapter,  or  who  wilfully  fails  or  refuses  to  pay  any  such  bene- 
fit or  contribution,  or  to  furnish  any  report  or  information 
duly  required  by  the  director  under  any  provision  of  this 
chapter,  or  makes  or  requires  any  deduction  from  wages  to 
pay  any  portion  of  the  contributions  required  from  employers 
under  any  provision  of  this  chapter,  or  attempts  by  threats 
or  coercion  of  any  kind  to  induce  any  individual  to  waive 
any  rights  under  any  provision  of  this  chapter,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  for  not  more  than 
ninety  days,  or  both;  and  each  such  false  statement  or  repre- 
sentation, each  such  deduction  from  wages  and  each  such 
attempt  to  coerce,  shall  constitute  a  separate  and  distinct 
offence.  If  such  employing  unit  or  the  employer  of  such 
officer  or  agent  is  a  corporation,  the  president,  the  secretary 
and  the  treasurer,  or  officers  exercising  corresponding  func- 
tions, shall  each  be  subject  to  the  aforesaid  penalties  for  any 
violation  of  any  provision  of  this  section,  of  which  they,  re- 
spectively, had  knowledge  or,  in  the  proper  exercise  of  their 
duties,  ought  to  have  had  knowledge. 

Any  person  convicted  of  a  violation  of  any  provision  of 
this  chapter  or  of  a  violation  of  any  order,  rule  or  regulation 
of  the  director  or  of  the  division  made  under  the  authority 
of  any  provision  of  this  chapter,  the  punishment  for  which  is 
not  otherwise  provided,  shall  be  punished  by  a  fine  of  not 
more  than  fifty  dollars  for  the  first  offence,  and,  for  any  sub- 
sequent offence  within  a  period  of  two  years  immediately 
following  his  final  conviction  of  a  like  offence  by  a  court  of 
the  commonwealth,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by 
imprisonment  for  not  more  than  two  years,  or  both. 

The  director  or  his  authorized  representative  may  make 
complaint  against  any  person  for  a  violation  of  any  provision 
of  this  section,  within  three  years  after  the  date  of  such  viola- 
tion. All  fines  collected  under  this  section  shall  be  paid  to 
the  director  and  credited  to  the  unemployment  compensa- 
tion fund. 

UNEMPLOYMENT   COMPENSATION    FUND. 

Section  1^8.    There  is  hereby  established,  separate  and  unempioy- 

,/.  nil-  cici  11       nient  compen- 

apart  from  all  public  moneys  or  funds  of  the  commonwealth,  sation  fund. 
an  unemployment  compensation  fund,  which  shall  be  ad- 
ministered by  the  director  without  liability  on  the  part  of 
the  commonwealth  beyond  the  amounts  credited  to  and 
earned  by  the  fund. 

This  fund  shall  consist  of  — 

All  contributions  and  moneys  paid  into  the  state  treasury 
and  credited  to  the  fund  as  provided  in  this  chapter;    all 


1020 


Acts,  1941.  — Chap.  685. 


No  rights 
conferred  on 
persons. 


Duties  of  state 
treasurer. 


Requisitions 
from  funds. 


Moneys  from 
United  States 
treasury. 


Unexpended 
balances. 


property  and  securities  acquired  by  and  through  the  use  of 
moneys  belonging  to  the  fund  and  all  interest  thereon,  less 
payments  therefrom  under  this  chapter,  and  excepting  re- 
funds of  sums  erroneously  paid  into  the  fund,  and  except  for 
refunds  paid  in  accordance  with  the  provisions  of  section 
sixteen  hundred  and  six  (6)  of  the  Federal  Unemployment 
Tax  Act  and  acts  in  amendment  thereof  and  in  addition 
thereto. 

All  moneys  in  the  fund  shall  be  pooled  and  available  to 
pay  benefits  under  this  chapter  irrespective  of  the  source  of 
such  moneys. 

Section  49.  No  person  shall  be  or  be  deemed  to  be  vested 
with  any  property  or  other  right  by  virtue  of  the  enactment 
of  this  chapter. 

Section  60.  (a)  The  state  treasurer  shall  be,  ex  officio, 
the  treasurer  of  the  unemployment  compensation  fund. 

He  shall  maintain  within  the  unemployment  compensation 
fund  two  separate  accounts  as  follows :  — 

(1)  A  clearing  account  in  which  the  director,  immediately 
upon  their  receipt,  shall  deposit  all  moneys  payable  to  the 
fund. 

(2)  An  unemployment  compensation  fund  account. 

(6)  All  money  in  the  clearing  account  after  clearance 
thereof,  and  excepting  payment  of  refunds  as  provided  in 
sections  eighteen  and  forty-eight,  shall  be  deposited  by  the 
state  treasurer  immediately  with  the  secretary  of  the  treas- 
ury of  the  United  States  of  America  to  the  credit  of  the 
account  of  the  commonwealth  in  the  unemployment  trust 
fund,  established  and  maintained  pursuant  to  section  nine 
hundred  and  four  of  the  Social  Security  Act,  as  amended, 
any  provisions  of  the  general  laws  relating  to  the  deposit, 
administration,  release  or  disbursement  of  moneys  in  the 
possession  or  custody  of  the  commonwealth  to  the  contrary 
notwithstanding. 

Section  51.  The  state  treasurer  shall  from  time  to  time 
requisition  from  said  unemployment  trust  fund  such  amounts, 
not  exceeding  the  amounts  standing  to  the  commonwealth's 
account  therein,  as  the  director  deems  necessary  for  the  pay- 
ment of  benefits  for  a  reasonable  future  period,  and  transfer 
such  moneys  to  the  director. 

Section  52.  All  moneys  requisitioned  from  the  common- 
wealth's account  in  the  unemployment  trust  fund  in  the 
United  States  treasury  and  received  by  the  director  from  the 
state  treasurer  shall  be  immediately  deposited  in  a  benefit 
account  maintained  bj''  the  director.  All  moneys  in  the 
benefit  account  shall  be  used  exclusively  for  the  payment  of 
benefits  pursuant  to  this  chapter. 

Section  53.  Any  balance  of  moneys  requisitioned  from  the 
unemployment  trust  fund  which  remains  unclaimed  or  un- 
paid in  the  benefit  account  after  the  expiration  of  the  period 
for  which  such  sums  were  requisitioned  shall  either  be  de- 
ducted from  estimates  for,  and  may  be  utilized  for  the  pay- 
ment of,  benefits  during  succeeding  periods,  or,  in  the  dis 


Acts,  1941.  — Chap.  685.  1021 

cretion  of  the  director,  shall  be  redeposited  by  the  state 
treasurer  with  the  secretary  of  the  treasury  of  the  United 
States  of  America,  to  the  credit  of  the  account  of  the  com- 
monwealth in  the  unemployment  compensation  fund. 

Section  54.    Except  as  otherwise  provided  in  this  chapter,  Depositary 
moneys  in  the  clearing  and  benefit  accounts  may  be  depos-  ''^"'^^• 
ited  in  any  depositary  bank  in  which  general  funds  of  the 
commonwealth  may  be   deposited,  but  no  public   deposit 
insurance  charge   or  premium  shall    be    paid   out  of    the 
fund. 

Moneys  in  the  clearing  and  benefit  accounts  shall  not  be 
commingled  with  other  funds  of  the  commonwealth,  but  shall 
be  maintained  as  separate  accounts  on  the  books  of  the 
depositary  bank. 

Section  55.  The  director  shall  give  a  bond  conditioned  ^^J"® bond** 
upon  the  faithful  performance  of  his  duties  with  respect  to 
the  benefit  account  in  an  amount  not  exceeding  twenty-five 
thousand  dollars,  and  approved  by  the  governor  and  council 
and  with  surety  or  sureties  satisfactory  to  the  attorney 
general.  Premiums  upon  bonds  pursuant  to  this  section 
shall  be  paid  from  the  employment  security  administration 
account. 

Section  56.  The  provisions  of  this  chapter,  to  the  extent  Termination 
that  they  relate  to  the  unemployment  compensation  fund,  °^*''"^*- 
shall  be  operative  only  so  long  as  such  unemployment  com-  Slund!"'*"* 
pensation  fund  continues  to  exist  and  so  long  as  the  secre- 
tary of  the  treasury  of  the  United  States  of  America  con- 
tinues to  maintain  for  the  commonwealth  a  separate  book 
account  of  all  funds  deposited  therein  by  the  commonwealth 
for  benefit  purposes,  together  with  the  commonwealth's  pro- 
portionate share  of  the  earnings  of  such  unemployment 
compensation  fund,  from  which  no  other  state  is  permitted 
to  make  withdrawals.  If  and  when  such  unemployment 
compensation  fund  ceases  to  exist,  or  such  separate  book 
account  is  no  longer  maintained,  all  moneys  belonging  to 
the  unemployment  compensation  fund  of  the  common- 
wealth shall  be  requisitioned  by  the  state  treasurer  as  ex 
officio  treasurer  of  the  fund.  The  state  treasurer  shall  there- 
after, in  accordance  with  the  pertinent  provisions  of  this 
chapter,  hold,  invest,  transfer,  sell,  deposit  and  release  such 
moneys,  and  any  properties,  securities,  or  earnings  acquired 
as  an  incident  thereto,  for  the  administration  by  the  director 
as  a  trust  fund  for  the  purposes  of  paying  benefits  or  refunds  ; 
provided,  that  such  moneys  shall  be  invested  in  the  follow- 
ing classes  of  securities: 

(a)  Bonds  or  other  interest-bearing  obligations  of  the 
United  States  of  America; 

(6)  Other  direct  obligations  of  the  United  States; 

(c)  Securities  which  are  the  direct  obligations  of  the  com- 
monwealth ; 

{d)  Bonds  and  other  interest-bearing  obligations  of  any 
legally  constituted  political  subdivision  of  the  common- 
wealth, if  such  subdivision  has  never  defaulted  in  the  pay- 


1022 


Acts,  1941. —  Chap.  685. 


Investment 
board. 


merit  of  the  principal  or  interest  of  any  of  its  bonds  or  other 
interest-bearing  obHgations. 

Section  57.  In  the  event  of  the  provisions  contained  in 
section  fifty-six  becoming  operative 

(a)  The  director  shall  from  time  to  time  requisition  from 
the  state  treasurer  as  treasurer  ex  officio  of  the  trust  fund 
such  amounts  of  moneys  as  he  deems  necessary  for  the  pay- 
ment of  benefits  for  a  reasonable  time  and  immediately 
deposit  same  in  the  benefit  account  for  the  purpose  of  paying 
benefits  under  the  provisions  of  this  chapter. 

{h)  An  investment  board  of  three  members,  hereinafter 
called  the  board,  the  membership  of  which  shall  be  as  pro- 
vided in  the  following  sentence,  is  hereby  created,  and  shall 
be  responsible  for  directing  how  and  to  what  extent  the  fund 
shall  from  time  to  time  be  held,  deposited  and  invested 
under  this  chapter.  The  board  shall  consist  of  the  state 
treasurer,  the  director  and  the  chairman  of  the  state  advisory 
council  or  their  authorized  representatives.  The  board 
shall  perform  its  duties  by  the  recorded  vote  of  any  two  of 
its  members  and  under  rules  to  be  adopted  by  it.  Except  as 
otherwise  provided  in  this  section  and  as  the  board  may 
from  time  to  time  determine,  not  less  than  twenty  nor  more 
than  forty  per  cent  of  the  fund  shall  either  be  deposited 
with  the  federal  reserve  bank  of  Boston,  if  said  bank  is 
authorized  to  receive  and  to  pay  interest  on  such  deposits,  or 
shall  be  deposited  by  the  director,  or  shall,  at  the  direction 
of  the  board,  be  held  in  ear-marked  cash  either  by  the  direc- 
tor or  by  the  federal  reserve  bank  of  Boston,  if  said  bank  is 
authorized  to  hold  such  funds  for  the  commonwealth,  or  in 
other  safe  depositories  selected  by  the  board.  Except  as 
otherwise  provided  in  said  section  fifty-six,  the  balance  of 
the  fund  shall  at  the  direction  of  the  board  be  invested  in 
any  or  all  of  the  classes  of  securities  therein  referred  to.  If 
the  fund  is  so  invested,  the  board  may  purchase  and  sell  such 
securities  therefor  at  current  market  prices,  may  invest  and 
reinvest  the  fund  from  time  to  time  in  its  discretion,  and 
may,  in  its  discretion,  borrow  against  its  investments  for 
current  payments.  To  enable  the  board  to  perform  its 
duties  under  this  section,  the  director  shall  furnish  the  board 
with  any  necessary  assistance  duly  requested  hy  the  board 
and  approved  by  the  director. 


Employment 
security  ad- 
ministration 
account. 


EMPLOYMENT   SECURITY   ADMINISTRATION   ACCOUNT. 

Section  58.  (a)  There  is  hereby  created  the  employment 
security  administration  account,  hereinafter  called  the  ac- 
count, to  consist  of  all  moneys 

(1)  Appropriated  by  the  commonwealth  for  the  adminis- 
tration of  this  chapter  or  for  said  account,  including  such 
money  as  may  be  made  available  by  the  commonwealth  for 
its  state  employment  service; 

(2)  Received  under  this  chapter  or  under  federal  laws 
which  are  designated  for  the  administration  of  this  chapter 


Acts,  1941.  — Chap.  685.  1023 

or  for  said  account,  including  such  money  as  may  be  allotted 
to  the  commonwealth  under  the  Wagner-Peyser  Act,  so 
called,  or  under  Title  III  of  the  Social  Security  Act,  so  called; 

(3)  Received  from  any  agency  for  services  of  facilities 
supplied; 

(4)  Received  or  recovered  on  any  surety  bond  or  from 
other  source  for  losses  sustained  in  connection  with  the  ac- 
count or  by  reason  of  damage  to  equipment  and  supplies; 

(5)  Realized  from  sale  of  equipment  or  supplies  no  longer 
necessary  for  proper  administration. 

(6)  The  account  shall  be  kept  and  accounted  for  by  the 
state  treasurer  in  the  same  manner  as  other  moneys  of  the 
commonwealth,  except  that  its  annual  balance  shall  be  car- 
ried forward  and  shall  remain  continuously  available  to  the 
director  solely  for  the  purposes  herein  specified. 

(c)  Effective  July  first,  nineteen  hundred  and  forty-one, 
all  moneys  received  by  the  commonwealth  under  Title  III 
of  the  Federal  Social  Security  Act  shall  be  expended  solely 
for  the  purpose  and  in  the  amounts  found  necessary  by  the 
Federal  Social  Security  Board  for  the  proper  and  efficient 
administration  of  the  employment  security  or  unemploy- 
ment compensation  law  of  this  commonwealth. 

(d)  If  any  moneys  received  after  June  thirtieth,  nineteen 
hundred  and  forty-one  from  the  Federal  Social  Security 
Board  under  Title  III  of  the  Federal  Social  Security  Act 
or  any  unencumbered  balances  in  the  unemployment  com- 
pensation administration  account  created  by  section  forty- 
two  of  chapter  one  hundred  and  fifty-one  A  of  the  General 
Laws  as  then  in  effect  are  found  by  said  Social  Security 
Board,  because  of  any  action  or  contingency,  to  have  been 
lost  or  expended  for  purposes  other  than,  or  in  amounts  in 
excess  of,  those  found  necessary  by  said  Social  Security 
Board  for  the  proper  administration  of  the  employment 
security  or  unemployment  compensation  law,  the  common- 
wealth shall  replace  such  moneys  by  moneys  appropriated 
for  the  purpose  from  the  general  revenue  of  the  common- 
wealth to  the  employment  security  administration  account 
for  expenditures  as  provided  by  law.  Upon  receipt  of  notice 
of  such  finding  by  said  Social  Security  Board,  the  director 
shall  promptly  report  the  amount  required  for  such  replace- 
ment to  the  governor  who  shall  include  said  amount  in  the 
next  budget  for  expenditures  of  the  commonwealth,  or  by 
message  to  the  general  court  request  the  inclusion  of  such 
amount  in  the  next  general  or  in  a  special  appropriation  bill. 
This  section  shall  not  be  construed  to  relieve  the  common- 
wealth of  its  obhgation  with  respect  to  unexpended  balances 
on  hand  July  first,  nineteen  hundred  and  forty-one  received 
pursuant  to  the  provisions  of  said  Title  III. 

(e)  The  provisions  of  paragraphs  (c)  and  (d)  of  this  sec- 
tion shall  become  inoperative  in  the  event  of  repeal  by  con- 
gress of  provisions  contained  in  sections  three  hundred  and 
three  (a)  (8)  and  three  hundred  and  three  (a)  (9)  of  the 
Social  Security  Act. 


1024 


Acts,  1941.— Chap.  685. 


Duties  and 
liabilities 
of  state 
treasurer. 


Funds  from 
federal  gov- 
ernment. 


Special  em- 
ployment serv- 
ice accounts. 


(/)  This  section  shall  not  be  construed  as  exempting  the 
division  of  employment  security  from  any  provisions  of  the 
general  laws  or  of  the  constitution  applicable  to  administra- 
tive divisions  of  the  commonwealth. 

Section  59.  The  state  treasurer,  in  addition  to  the  pro- 
visions contained  in  section  two  of  chapter  ten,  shall  be 
liable  on  the  treasurer's  bond  for  the  faithful  performance 
of  his  duties  in  connection  with  the  unemployment  compen- 
sation fund,  the  clearing  account  in  connection  therewith 
and  the  employment  security  administration  account  pro- 
vided for  under  this  chapter.  Such  liability  of  the  treasurer 
on  his  official  bond  shall  be  effective  immediately  upon  the 
enactment  of  this  provision,  and  such  liability  shall  exist  in 
addition  to  any  liability  upon  any  separate  bond  existent 
on  the  effective  date  of  this  provision. 

Section  60.  All  federal  moneys  allotted  or  apportioned 
to  the  commonwealth  by  the  Federal  Social  Security  Board, 
the  Federal  Railroad  Retirement  Board,  or  other  federal 
agency,  for  the  administration  of  this  chapter,  shall  be 
paid  into  the  employment  security  administration  account, 
except  that  moneys  received  from  the  Federal  Railroad 
Retirement  Board  as  compensation  for  services  or  facilities 
supplied  to  said  board  shall  be  paid  into  this  account  or  the 
employment  service  accounts  thereof,  on  the  same  basis  as 
expenditures  are  made  for  such  services  or  facilities  from 
such  employment  security  administration  account  and  em- 
ployment service  accounts. 

Section  61.  Special  employment  service  accounts  shall  be 
maintained  as  a  part  of  the  account,  for  the  purpose  of  segre- 
gating such  money  as  may  be  made  available  by  the  com- 
monwealth for  its  state  employment  service,  together  with 
such  money  as  may  be  allotted  to  the  commonwealth  under 
the  Wagner-Peyser  Act,  so  called,  and  such  money  as  may 
be  apportioned  for  the  purposes  of  such  accounts  from 
moneys  received  by  the  commonwealth  under  Title  III  of 
the  Social  Security  Act,  so  called,  or  under  any  other  federal 
law. 

For  the  purpose  of  establishing  and  maintaining  free  em- 
ployment offices,  the  director  is  authorized  to  enter  into 
agreements  with  any  city  or  town  of  the  commonwealth  and, 
as  a  part  of  any  such  agreement,  the  director  may  accept 
moneys,  services  or  quarters  for  the  purposes  of  the  employ- 
ment service  accounts. 


Duties  and 
powers  of 
state  advisory 
board. 


ADMINISTRATION . 

Section  62.  The  state  advisory  council  shall  perform  all 
the  duties  imposed  on  it  by  this  chapter,  and,  in  addition, 
shall  consider  and  advise  the  director  upon  all  matters  con- 
nected with  this  chapter  submitted  to  it  by  the  director.  It 
shall  have  full  investigatory  powers,  and  shall  have  direct 
access  to  all  sources  of  information  relating  to  employment. 
It  shall  promote  as  far  as  possible  the  regularization  of  em- 


Acts,  1941.  — Chap.  685.  1026 

ployment  within  the  commonwealth.  It  shall  also  aid  in  the 
formation  of  policies  related  to  the  administration  of  this 
chapter  as  to  insure  a  fair,  impartial  and  neutral  adminis- 
tration thereof,  free  from  political  influences.  It  shall  report 
to  the  governor  at  least  quarterly,  and  to  the  general  court 
biennially  and  at  such  other  times  as  the  general  court  may 
require,  its  conclusions  and  recommendations  with  respect 
to  the  administration  of  this  chapter.  Said  reports  shall 
relate  particularly  to  the  actuarial  status  of  the  unemploy- 
ment compensation  fund  and  shall  set  forth  such  changes  in 
or  additions  to  this  chapter  with  respect  to  contributions, 
benefits  or  other  provisions  thereof,  as  are,  in  its  opinion, 
necessary  for  maintaining  the  solvency  of  said  fund.  It  shall 
also  investigate  and  study  all  proposals  for  changes  in  or 
additions  to  the  provisions  of  this  chapter  pending  before 
the  general  court,  including  proposals  made  by  the  director, 
and  shall  report  to  the  general  court  its  recommendations 
with  respect  thereto.  Reports  made  by  said  council  to  the 
governor  hereunder  shall  be  open  to  public  inspection. 

Section  63.  The  director,  subject  to  the  approval  of  the  Printing  of 
commission  on  administration  and  finance,  shall  cause  to  be  fuLsretc. 
printed  in  proper  form  for  distribution  to  the  public  the  full 
text  of  this  chapter,  the  general  rules,  annual  reports,  regu- 
lations, classifications,  rates  and  rules  of  procedure  there- 
under, and  any  other  material  he  deems  relevant  and  suit- 
able, and  shall  distribute  the  same,  free  of  charge,  upon 
request.  Unless  the  contrary  is  provided  hereunder,  or  by 
the  rules  or  regulations  of  the  director,  such  printing  and  dis- 
tribution shall  be  deemed  a  sufficient  publication  of  the  same. 

Section  64.  The  director  shall  make  such  reports,  in  such  Reports  to 
form  and  containing  such  information,  as  the  Federal  Social  security  Bolfrd. 
Security  Board  or  its  successor  may  from  time  to  time  require, 
and  shall  furnish  such  additional  information  in  such  form 
as  said  board  or  its  successor  may  from  time  to  time  require 
to  substantiate  the  accuracy  of  such  reports ;  and  shall  make 
available,  upon  request,  to  any  agency  of  the  United  States 
charged  with  the  administration  of  public  works  or  other 
assistance  through  public  employment,  information  contain- 
ing the  name  and  address,  ordinary  occupation  and  employ- 
ment status  of  each  recipient  of  unemployment  benefits  who 
is  specified  in  such  request,  the  amounts  of  such  benefits  paid 
and  the  dates  of  payment,  and  a  statement  of  such  recipient's 
rights  to  further  benefits  under  this  chapter;  and  shall  make 
available,  upon  request  made  in  a  form  and  manner  approved 
by  the  director,  to  any  agency  of  the  commonwealth,  or  of 
any  political  subdivision  thereof,  charged  with  the  duty  of 
furnishing  persons  aid  or  assistance  in  any  form  or  with  the 
administration  of  assistance  through  public  employment,  like 
information  with  respect  to  any  person  applying  for  or  re- 
ceiving such  aid  or  assistance  who  is  specified  in  the  request, 
and  any  information  so  secured  shall  be  confidential  and  who- 
ever discloses  the  same  otherwise  than  as  required  or  author- 
ized by  law  shall  be  subject  to  the  penalty  provided  in  section 


1026 


Acts,  1941.  — Chap.  685. 


Records  to  be 
available  to 
Federal  Rail- 
road Retire- 
ment Board. 


Reciprocal 
arrangements 
with  other 
states,  etc. 


forty-six.  The  director  shall  comply  with  all  reasonable 
federal  regulations  governing  expenditures  of  sums  allotted 
or  apportioned  to  the  commonwealth  for  the  administration 
of  this  chapter  and  accepted  by  the  commonwealth. 

Section  65.  The  director  may  make  the  commonwealth's 
records  relating  to  the  administration  of  this  chapter  avail- 
able to  the  Federal  Railroad  Retirement  Board  and  may  fur- 
nish said  board,  at  the  expense  of  said  board,  such  copies 
thereof  as  said  board  deems  necessary  for  its  purposes.  The 
director  may  afford  reasonable  co-operation  with  every 
agency  of  the  United  States  charged  with  the  administra- 
tion of  any  unemployment  insurance  law.  For  the  purpose 
of  establishing  and  maintaining  free  employment  offices,  he 
may  enter  into  agreements  with  any  agency  of  the  United 
States  charged  with  the  administration  of  an  employment 
security  law,  and,  as  a  part  of  any  such  agreement,  the  divi- 
sion may  accept  moneys,  services  or  quarters  as  a  contribu- 
tion to  the  employment  service  accounts. 

Section  66.  The  director  is  hereby  authorized  to  enter  into 
reciprocal  arrangements  with  appropriate  and  duly  author- 
ized agencies  of  other  states  or  of  the  federal  government,  or 
both,  whereby: 

(a)  Services  performed  by  an  individual  for  a  single  em- 
'  ploying  unit  for  which  services  are  customarily  performed 
by  such  individual  in  more  than  one  state  shall  be  deemed  to 
be  services  performed  entirely  within  any  one  of  the  states 
in  which  any  part  of  such  individual's  service  is  performed  or 
in  which  such  individual  has  his  residence  or  in  which  the 
employing  unit  maintains  a  place  of  business,  provided  there 
is  in  effect,  as  to  such  services,  a  request  by  the  employing 
unit,  approved  by  the  agency  charged  with  the  administra- 
tion of  such  state's  unemployment  compensation  law,  pur- 
suant to  which  all  the  services  performed  by  such  individual 
for  such  employing  unit  are  deemed  to  be  performed  entirely 
within  such  state; 

(6)  Potential  rights  to  benefits  accumulated  under  the 
unemployment  compensation  laws  of  one  or  more  states  or 
under  one  or  more  such  laws  of  the  federal  government,  or 
both,  may  constitute  the  basis  for  the  payment  of  bene- 
fits through  a  single  appropriate  agency  under  terms  which 
the  director  finds  will  be  fair  and  reasonable  as  to  all  affected 
interests  and  will  not  result  in  any  substantial  loss  to  the 
fund; 

(c)  Wages  or  services,  upon  the  basis  of  which  an  indi- 
vidual may  become  entitled  to  benefits  under  an  unemploy- 
ment compensation  law  of  another  state  or  of  the  federal 
government,  shall  be  deemed  to  be  wages  for  employment 
for  the  purpose  of  determining  his  rights  to  benefits  under 
this  chapter,  and  wages  for  employment,  on  the  basis  of 
which  an  individual  may  become  entitled  to  benefits  under 
this  chapter  shall  be  deemed  to  be  wages  or  services  on  the 
basis  of  which  unemployment  compensation  under  such  law 
of  another  state  or  of  the  federal  government  is  payable,  but 


Acts,  1941.  — Chap.  685.  1027 

no  such  arrangement  as  provided  in  this  section  shall  be 
entered  into  unless  it  contains  provisions  for  reimburse- 
ments to  the  fund  for  such  of  the  benefits  paid  under  this 
chapter  upon  the  basis  of  such  wages  or  services,  and  pro- 
visions for  reimbursements  from  the  fund  for  such  of  the 
compensation  paid  under  such  other  law  upon  the  basis  of 
wages  for  employment,  as  the  director  finds  will  be  fair  and 
reasonable  as  to  all  affected  interests;  and 

(d)  Contributions  due  under  this  section  with  respect  to 
wages  for  employment  shall  for  the  purposes  of  section  four- 
teen be  deemed  to  have  been  paid  to  the  unemplojonent 
compensation  fund  as  of  the  date  payment  was  made  as 
contributions  therefor  under  another  state  or  federal  unem- 
ployment compensation  law,  but  no  such  arrangement  shall  be 
entered  into  unless  it  contains  provisions  for  such  reimburse- 
ment to  the  unemployment  compensation  fund  of  such  con- 
tributions and  the  actual  earnings  thereon  as  the  director 
finds  will  be  fair  and  reasonable  as  to  all  affected  interests. 

(e)  Reimbursements  paid  from  said  fund  pursuant  to 
subsection  (c)  of  this  section  shall  be  deemed  to  be  benefits 
for  the  purposes  of  this  chapter.  The  director  is  authorized 
to  make  to  other  state  or  federal  agencies  and  to  receive 
from  such  other  state  or  federal  agencies,  reimbursements 
from  or  to  said  fund,  in  accordance  with  arrangements 
entered  into  pursuant  to  provisions  of  this  section. 

(/)  The  director  is  hereby  authorized  to  make  such  inves- 
tigations, secure  and  transmit  such  information,  make  avail- 
able such  services  and  facilities  and  exercises  such  of  the 
other  powers  provided  herein  with  respect  to  the  adminis- 
tration of  this  chapter  as  he  deems  necessary  or  appropriate 
to  facilitate  the  administration  of  any  such  unemployment 
compensation  or  public  employment  service  law,  and  in 
like  manner,  to  accept  and  utilize  information,  services  and 
facilities  made  available  to  this  commonwealth  by  the  agency 
charged  with  the  administration  of  any  such  other  unem- 
ployment compensation  or  public  employment  service  law. 

Section  67.     If  any  employer  shall  wilfully  fail  or  refuse  Penalty  for 
to  make  any  report  or  return  as  required  by  any  provision  mak^'reports, 
of  this  chapter  or  of  the  rules  and  regulations  of  the  director  et<=- 
made  under  authority  of  this  chapter,  the  director  may  es- 
timate the  liability  of  such  employer  from   any  available 
information  and  may  assess  upon,  and  collect  from,  such 
employer  the  contributions,  penalties  and  interest  due  from 
him. 

Section  68.  The  director  may  provide  for  the  payment.  Benefits  due 
to  such  person  or  persons  as  the  director  finds  entitled  sonretc.^^'^' 
thereto,  of  benefits  due  a  deceased  person,  or  a  person  who 
has  become  incapacitated  by  reason  of  mental  weakness  or 
who  is  an  insane  person  and  incapable  of  properly  taking 
care  of  himself  or  his  property,  for  the  allowance  of  whose 
will  or  for  the  administration  of  whose  estate  no  petition  for 
the  appointment  of  an  administrator,  guardian  or  conserva- 
tor has  been  filed  within  thirty  days  after  his  death  or  dis- 


1028 


Acts,  1941.  — Chap.  685. 


Recovery  of 
moneys  paid 
through  error. 


Retroactive 
effect  of 
rulings,  etc. 

Redeter- 
mination of 
amounts  of 
benefits. 


ability,  as  the  case  may  be,  and  every  such  payment  shall 
be  a  valid  payment  to  the  same  extent  as  if  made  to  the  legal 
representative  of  the  deceased  or  of  the  person  under  such 
disabilities. 

Section  69.  The  division  may  recover  by  action  of  con- 
tract any  amounts  paid  to  an  individual  through  error,  or, 
in  the  discretion  of 'the  director,  the  amount  erroneously 
paid  may  be  deducted  from  any  future  payments  of  bene- 
fits accruing  to  an  individual  under  the  provisions  of  this 
chapter. 

Section  70.  The  director  may  prescribe  to  what  extent  any 
ruling  or  decision  may  be  applied  without  retroactive  effect. 

Section  71.  The  director  may  reconsider  a  determination 
whenever  he  finds  that  an  error  in  computation  or  identity 
has  occurred  in  connection  therewith,  or  that  wages  of  the 
claimant  pertinent  to  such  determination  but  not  considered 
in  connection  therewith,  have  been  newly  discovered,  or 
that  benefits  have  been  allowed  or  denied  or  the  amount  of 
benefits  fixed  on  the  basis  of  misrepresentations  of  fact,  but 
no  such  redetermination  shall  be  made  after  one  year  from 
the  date  of  the  original  determination.  Notice  of  any  such 
redetermination  shall  be  promptly  given  to  the  parties  en- 
titled to  notice  of  the  original  determination,  in  the  manner 
prescribed  in  this  chapter  with  respect  to  notice  of  an  origi- 
nal determination.  If  the  amount  of  benefits  is  increased 
upon  such  redetermination  an  appeal  therefrom  solely  with 
respect  to  the  matters  involved  in  such  increase  may  be 
filed  in  the  manner  and  subject  to  the  limitations  provided 
in  sections  thirty-nine  to  forty-two,  inclusive.  If  the  amount 
of  benefits  is  decreased  upon  such  redetermination,  the  mat- 
ters involved  in  such  decrease  shall  be  subject  to  review  in 
connection  with  an  appeal  by  claimant  thereon  or  from  any 
determination  upon  a  subsequent  claim  for  benefits  which 
may  be  affected  in  amount  or  duration  by  such  redeter- 
mination. Subject  to  the  same  limitations  and  for  the  same 
reasons,  the  director  may  reconsider  the  determination  in 
any  case  in  which  a  decision  has  been  rendered  by  the  board 
of  review  or  a  court,  and  may  apply  to  said  board  or  such 
court  which  rendered  such  decision  to  revoke  or  modify 
such  decision  and  the  board  of  review  or  court  may  affirm, 
modify  or  revoke  such  decision. 

In  the  event  that  an  appeal  involving  an  original  deter- 
mination is  pending  as  of  the  date  a  redetermination  thereof 
is  issued,  such  appeal,  unless  withdrawn,  shall  be  treated  as 
an  appeal  from  such  redetermination. 


Jurisdiction 
of  courts. 


GENERAL   PROVISIONS. 


Section  72.  The  supreme  judicial  or  superior  court  shall 
have  general  jurisdiction  in  equity  on  a  bill  brought  by  the 
director,  to  enforce  any  provision  of  this  chapter. 

In  civil  actions  and  court  proceedings  under  any  provision 
of  this  chapter  which  are  entered  by  or  in  behalf  of  the 


Acts,  1941.  — Chap.  685.  1029 

director  no  entry  fee  shall  be  paid,  but  if  the  director  shall 
prevail  the  equivalent  of  such  entry  fee  shall  be  taxed  against 
the  adverse  party  as  costs. 

Section  73.     If  any  part,  section  or  subdivision  of  this  Partial 
chapter,  or  the  application  thereof,  shall  be  held  invahd,  'JJ^'chapter. 
unconstitutional  or  inoperative  as  to  any  particular  person, 
persons  or  conditions,  the  remainder  hereof,  or  the  applica- 
tion of  any  such  part,  section  or  subdivision  to  other  per- 
sons and  conditions,  shall  not  be  affected  thereby. 

Section  74-     This  chapter  shall  be  known  and  may  be  Title  of 
cited  as  the  Employment  Security  Law.  chapter. 

Section  2.      Effective   January  first,   nineteen  hundred  Ed.x'isiA', 
and  forty-four,  chapter  one  hundred  and  fifty-one  A  of  the  §  n.  amended. 
General  Laws,  as  appearing  in  section  one  of  this  act,  is 
hereby  amended  by  striking  out  section  eleven,  as  so  ap- 
pearing,  and  inserting  in  place  thereof  the  following:  — 
Section  11.    Except  as  provided  in  section  ten,  no  employer  Employers 
subject  to  this  chapter  shall  cease  to  be  subject  thereto  gu^^'J^t  to  ^^ 
except  upon  a  written  application  therefor  by  him,  which  chapter. 
application  may  be  filed  with  the  director  prior  to  March  Effective  date 
thirty-first  in  any  year,  and  after  a  finding  by  the  director  °  "  ^"^  ^■ 
that  he  has  not  on  any  day  within  the  then  last  year  em- 
ployed any  individual  in  employment  subject  to  this  chap- 
ter, whereupon  such  employer  shall  cease  to  be  subject 
thereto  as  of  January  first  of  the  year  in  which  such  appli- 
cation is  made. 

Section  3.     Effective  April  first,  nineteen  hundred  and  Ed^.'iJiT, 
forty-two,  section  twenty-three  of  said  chapter  one  hundred  §  ^s'Ca). 
and  fifty-one  A,  as  so  appearing,  is  hereby  amended  by  strik-  '^™^" 
ing  out  subsection  (a)  and  inserting  in  place  thereof  the 
following :  — 

(a)  An  individual  who  is  in  total  or  partial  unemplo}^nent  waiting 
and  who  registers  at  an  employment  office  or  other  place  of  deteri^ned!' 
registration  maintained  by  the  director  or  has  otherwise  Effective  date 
given  notice  of  his  unemployment  in  accordance  with  the  of  section. 
procedure  prescribed  by  the  director  shall  be  eligible  for 
benefits  for  unemployment  subsequent  to  a  waiting  period 
sustained  with  respect  to  the  benefit  year  to  which  the  claim 
apphes,  which  benefit  year  includes  the  week  for  which  he 
claims  payment  for  benefits.    Said  waiting  period  shall  con- 
sist of  one  week  of  total  unemployment  or  two  weeks  of  par- 
tial unemployment.    No  benefits  shall  be  or  become  payable 
during  said  waiting  period.    The  weeks  of  partial  unemploy- 
ment need  not  be  successive. 

Section  4.    Section  nine  I  of  chapter  twenty-three  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  one  of  chapter  twenty  §  gi.'etc'.. 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  amended. 
amended  by  striking  out  paragraph  (a)  and  inserting  in  place 
thereof  the  following:  — 

(a)  There  shall  be  in  the  department,  but  not  subject  to  Division  of 
its  direction,  a  division  of  employment  security,  in  this  and  s^Sl-it^T^''* 
in  sections  nine  J  to  nine  N,  inclusive,  called  the  division, 
which  shall  be  under  the  supervision  and  control  of  a  director, 


1030 


Acts,  1941.  — Chap.  685. 


G.  L.  (Ter. 
Ed),  23, 
§  9N,  etc., 
amended. 


State  advisory 
council. 


in  said  sections  called  the  director,  who  shall  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  council, 
for  a  term  of  five  years  and  shall  administer  the  provisions 
of  chapter  one  hundred  and  fifty-one  A.  The  director  shall 
devote  his  whole  time  in  office  hours  to  the  duties  of  his 
office  and  he  shall  not  serve  on  any  political  committee  of 
any  political  party.  The  director  may,  with  the  approval 
of  the  governor,  appoint  deputies  or  assistants  in  such  num- 
ber, not  exceeding  five,  as  may  be  determined  by  the  gov- 
ernor. One  of  such  deputies  or  assistants  shall  be  designated 
to  be  the  labor  relations  representative.  Such  deputies  or 
assistants  may  be  removed  by  the  director  for  cause,  sub- 
ject to  the  approval  of  the  state  advisory  council  estabUshed 
under  clause  (a)  of  section  nine  N.  Said  offices  and  the  in- 
cumbents thereof  shall  not  be  subject  to  chapter  thirty-one 
and  the  rules  and  regulations  made  thereunder. 

Section  5.  Said  chapter  twenty-three  is  hereby  further 
amended  by  striking  out  section  nine  N,  as  most  recently 
amended  by  section  one  of  chapter  six  hundred  and  eleven 
of  the  acts  of  nineteen  hundred  and  forty-one,  and  inserting 
in  place  thereof  the  following :  — 

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


Acts,  1941.  — Chap.  685.  1031 

(b)  There  shall  be  in  the  division  a  board  of  review  con- 
sisting of  three  persons  to  be  appointed  by  the  governor,  with 
the  advice  and  consent  of  the  council.  Of  the  members  first 
appointed,  one  shall  be  appointed  for  a  term  of  two  years, 
one  for  a  term  of  four  years  and  one  for  a  term  of  six  years, 
and  thereafter  as  the  term  of  a  member  expires  his  successor 
shall  be  appointed  for  a  term  of  six  years.  Vacancies  shall 
be  filled  in  like  manner  for  the  remainder  of  the  unexpired 
term.  All  members  shall  serve  until  the  qualification  of  their 
respective  successors.  The  governor  shall  from  time  to  time 
designate  one  of  the  members  as  chairman.  All  members 
shall  devote  their  whole  time  in  office  hours  to  the  duties  of 
their  office.  Said  offices  and  the  incumbents  thereof  shall 
not  be  subject  to  chapter  thirty-one  and  the  rules  and  regu- 
lations made  thereunder.  The  chairman  of  the  board  and 
each  of  the  other  members  shall  receive  a  salary  of  forty-five 
hundred  dollars.  Members  of  the  board  shall  receive  their 
traveling  and  other  necessary  expenses  incurred  in  the  per- 
formance of  their  duties. 

Section  6.  Nothing  in  sections  four  and  five  of  this  act  Terms  of 
shall  be  deemed  to  affect  the  terms  of  office -of  the  director,  aSeTte'd!* 
the  members  of  the  state  advisory  council  or  the  members 
of  the  board  of  review  in  the  division  of  unemployment  com- 
pensation who  shall  be  in  office  on  the  effective  date  of  this 
act,  and  such  director  and  members  shall  severally  continue 
to  hold  office  as  if  this  act  had  not  been  passed,  but  on  and 
after  said  date  none  of  them  may  be  removed  from  office 
except  by  the  governor  for  cause  and  with  the  advice  and 
consent  of  the  council. 

Section  7.     The  state  treasurer  shall,  upon  the  taking  state  treasurer 
effect  of  this  act,  transfer  to  the  director  of  the  division  of  funds'to^'^ 
employment  security  all  moneys  in  his  hands  as  a  state  director. 
agency  which  have  been  requisitioned  by  him  from  the  un- 
employment trust  fund  in  the  hands  of  the  Secretary  of  the 
Treasury  of  the  United  States  and  said  director  shall  imme- 
diately deposit  said  moneys  in  the  benefit  account,  so  called. 

Section  8.     Section  seven  of  chapter  four  hundred  and  l^p'^J^' 
seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty-five,  repealed, 
as  amended  by  section  three  of  chapter  twelve  of  the  acts  of 
nineteen  hundred  and  thirty-six,  is  hereby  repealed. 

Section  9.  All  actions  and  proceedings,  at  law  or  in  Prosecutions. 
equity,  and  all  prosecutions,  pending  on  the  effective  date  former^act. 
of  this  act,  whether  commenced  for  the  purpose  of  enforcing 
any  of  the  provisions  of  chapter  one  hundred  and  fifty-one  A 
of  the  General  Laws,  as  in  force  at  any  time  prior  to  said 
effective  date,  or  brought  upon  any  complaint  or  indictment 
for  the  violation  of  any  provision  thereof  for  the  violation  of 
which  a  penalty  of  a  fine  or  imprisonment,  or  otherwise,  was 
provided  therein,  may  be  prosecuted  and  enforced  to  the 
same  extent  as  if  said  chapter  as  so  in  force  were  still  in  force 
and  effect. 

All  orders  made  under  any  provision  of  said  chapter  as 
formerly  in  force  and  not  revoked  by  operation  of  law,  or 


1032 


Acts,  1941.  — Chap.  686. 


1941,  476, 
repealed. 


Construction 
of  act. 


otherwise,  prior  to  the  effective  date  of  this  act  shall,  until 
revoked  or  amended,  remain  in  full  force  and  effect. 

Nothing  in  this  act  shall  be  construed  to  relieve  any  per- 
son subject  to  said  chapter,  as  formerly  in  force,  from  the 
consequences  of  any  act  done  in  violation  of,  or  refusal  or 
neglect  to  act  in  accordance  with,  any  provision  of  said 
chapter,  as  formerly  in  force,  or  of  any  lawful  order  of  the 
division  made  thereunder. 

Section  10.  Chapter  four  hundred  and  seventy-six  of 
the  acts  of  nineteen  hundred  and  forty-one  is  hereby  re- 
pealed; but  this  repeal  shall  not  affect  any  action  taken 
thereunder  prior  to  the  effective  date  of  this  act. 

Section  11.  This  act  shall  be  construed  as  a  continua- 
tion of  the  unemployment  compensation  law  of  this  com- 
monwealth in  effect  immediately  prior  to  the  effective  date 
of  this  act.  Approved  October  24,  1941. 


Chap.QSQ  An  Act  relative  to  the  treasury  unit,  so  called,  of 

THE  DIVISION   OF  EMPLOYMENT  SECURITY  IN   THE  DEPART- 
MENT  OF   LABOR   AND   INDUSTRIES. 


Emergency 
preamble. 


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

Employees  of 
treasury  unit. 


Whereas,  The  deferred  operation  of  this  act  would  in 
part  defeat  its  purpose,  which  is  to  effect  an  immediate 
interdepartmental  transfer  of  the  so-called  Treasury  Unit, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  treasury  unit,  so  called,  of  the  division 
of  employment  security  in  the  department  of  labor  and  in- 
dustries, formerly  known  as  the  division  of  unemployment 
compensation,  which  unit  disburses  the  unemployment  com- 
pensation fund,  together  with  the  positions  in  said  unit 
and  the  incumbents  thereof,  is  hereby  transferred  from  the 
department  of  the  treasurer  and  receiver  general  to  said 
division  of  employment  security.  Said  positions  upon  such 
transfer  shall  be  placed  within  the  classified  civil  service 
and  the  incumbents  thereof  at  the  time  of  transfer  who 
have  passed  qualifying  examinations  given  by  the  director 
of  civil  service  shall  be  certified  by  said  director  for  said 
positions  and  shall  be  deemed  to  be  permanently  appointed 
thereto  without  serving  any  probationary  period,  and  their 
tenure  of  office  or  employment  shall  be  unlimited,  subject, 
however,  to  the  civil  service  laws. 

Section  2.  Section  four  of  chapter  thirty-one  of  the 
General  Laws,  as  amended,  is  hereby  further  amended  by 
adding  at  the  end  the  following  new  paragraph :  — 

Employees  of  the  treasury  unit,  so  called,  of  the  division 
of  employment  security  in  the  department  of  labor  and 
industries.  Approved  October  S4,  1941- 


Acts,  1941.  —  Chaps.  687,  Q88.  1033 


An   Act  to   defer  operation   of  the  new  mortality  Qhav  687 

TABLES   FOR   THE   TEACHERS'    RETIREMENT   SYSTEM. 

Whereas,  The  deferred  operation  of  this  act  would  wholly  Emergency 
defeat  its  purpose,  which  is  to  enable  teachers,  who  are  p'^eamWe. 
eligible  to  retire,  or  who  may  become  so  eligible  prior  to 
July  second,  nineteen  hundred  and  forty-two,  or  who  have 
been  retired  subsequently  to  the  adoption  of  new  mortality 
tables  and  interest  rates  on  August  fifteenth,  nineteen  hun- 
dred and  forty-one,  to  receive  retirement  allowances  based 
on  the  tables  and  rates  in  effect  immediately  prior  to  said 
last  mentioned  date,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  operation  of  the  mortality  tables  and  the  rates  oY 
interest  to  be  used  in  connection  therewith  prescribed  on 
August  fifteenth  of  the  current  year  by  the  commissioner  of 
insurance  under  section  thirty-four  of  chapter  thirty-two 
of  the  General  Laws  are  hereby  deferred  until  July  second, 
nineteen  hundred  and  forty-two,  and  the  tables  and  rates 
of  interest  in  effect  immediately  preceding  said  August  fif- 
teenth shall  remain  in  full  force  and  effect  until  July  second, 
nineteen  hundred  and  forty-two. 

Approved  October  24,  1941. 


An  Act  relative  to  the  forecasting  of  forest  fire  nhn^y  acq 

WEATHER   AND    TO    FOREST   PATROLS.  ^' 

Whereas,   The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  make  further  provision     '^  "^  ^• 
immediately  for  the  prevention  of  forest  fires,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  health,  safety  and 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  director  of  the  division  of  forestry  in  Forecasting 
the  department  of  conservation  shall  establish  and  maintain  weathl^^ 
a  system  of  forecasting  forest  fire  weather;  provided,  that 
such  service  is  not  available  from  the  United  States  Forest 
Service.  Every  city  and  town  which  in  the  judgment  of 
said  director  contains  sufficient  woodland  or  such  forest  fire 
hazards  as  to  justify  the  use  of  patrols  shall  employ  patrol 
service  as  hereinafter  provided.  Patrols  shall  be  used  on  all 
days  determined  and  announced  by  said  director  to  be  of 
class  three  or  higher  fire  hazard,  according  to  the  United 
States  Forest  Service  standard  of  classification  of  fire  danger, 
or  its  equivalent  in  any  future  classification.  Said  director 
shall  determine  in  advance  what  areas  shall  be  patrolled  in 
each  city  or  town,  the  method  to  be  used  and  the  maximum 


1034  Acts,  1941.  — Chap.  689. 

number  of  patrols  necessary,  after  a  study  made  in  co-opera- 
tion with  the  local  forest  warden.  The  patrols  shall  be  in- 
creased with  the  increase  of  hazard  to  the  number  so  deter- 
mined to  be  necessary  for  a  given  degree  of  hazard.  In  case 
any  city  or  town  fails  to  comply  with  this  act,  the  director 
may  cause  the  forests  therein  to  be  patrolled  and  the  city 
or  town  shall  be  liable  for  the  cost  of  such  patrol.  Such 
cost  shall  be  paid  primarily  by  the  commonwealth,  and  the 
state  treasurer  shall  issue  his  warrant  requiring  the  assessors 
of  the  town  to  assess  a  tax  to  the  amount  of  said  cost,  as 
certified  by  said  director  to  said  state  treasurer,  which  shall 
be  collected  and  paid  to  said  state  treasurer  in  the  same 
manner  and  subject  to  the  same  penalties  as  state  taxes. 
Any  balance  of  such  cost  due  shall  be  assessed  in  the  suc- 
ceeding years  in  the  same  manner.  Each  town  having  a 
valuation  of  one  million,  two  hundred  and  fifty  thousand 
'dollars  or  less  shall  be  reimbursed  by  the  commonwealth 
for  one  half  of  any  expenditures  under  this  act,  when  ap- 
proved by  said  director. 
G.  L.  (Ter.  SECTION  2.      Section  twcnty-cight   B   of   chapter  forty- 

f  28i3^tem-       eight  of  the  General  Laws  shall  be  inoperative  for  the  period 
^ende'd^  ^^^'      during  wliich  this  act  is  in  effect. 

Termination  SECTION  3.    This  act  shall  ccase  to  bc  of  force  and  effect 

of  act.  on  July  thirty-first,  nineteen  hundred  and  forty-four. 

Approved  October  24>  1941- 


Chap. 689  An    Act    providing  pensions   for   special  justices   of 

DISTRICT   COURTS. 

Be  it  enacted,  etc.,  as  follows: 
G-L.(Ter.  SECTION  1.     Chapter  thirty-two  of  the  General  Laws  is 

new  '§  65B,        hereby  amended  by  inserting  after  section  sixty-five  A,  in- 
mserted.  scrtcd  by  section  one  of  chapter  four  hundred  and  nine  of 

rpTdalTuIuces   the  acts  of  nineteen  hundred  and  thirty-seven,  the  following 
°Ll'f="°*^  J^GW  section:  —  Section  65 B.    A  special  justice  of  a  district 

court,  including  the  municipal  court  of  the  city  of  Boston, 
who  has  been  a  special  justice  for  at  least  ten  years  who 
shall  have  attained  the  age  of  sixty-five  years,  and  who  shall 
resign  his  office,  shall  be  entitled  to  receive  a  pension  for 
life  at  an  annual  rate  equal  to  three  fourths  of  his  average 
yearly  earnings  as  such  special  justice  during  the  period  of 
ten  years  next  preceding  such  resignation,  to  be  paid  from 
the  same  source  and  in  the  same  manner  as  the  salary  of  the 
justice  of  his  court,  or,  in  the  case  of  the  municipal  court 
of  the  city  of  Boston,  of  an  associate  justice  of  said  court, 
is  paid;  provided,  that  such  pension  shall  not  be  greater 
in  amount  than  three  fourths  of  the  salary  of  the  justice  of 
his  court,  or,  in  the  case  of  the  municipal  court  of  the  city 
of  Boston,  of  an  associate  justice  of  said  court. 

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

Approved  October  24,  1941. 


courts. 


Acts,  1941.  — Chap.  690.  1035 


An  Act  relative  to  the  granting  to  prisoners  of  per-  (Jfidq)  gon 

MITS  TO  BE  AT  LIBERTY,  TO  THE  DISCHARGE  OF  PRISONERS, 
AND   TO   PARDONS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  make  effective  shortly  the  ^"^^"^ 
amendments  made  hereby  in  the  laws  relative  to  permits 
to  be  at  liberty,  to  the  discharge  of  prisoners,  and  to  par- 
dons, therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  twenty-seven  of  g.  l.  (Ter. 
the  General  Laws  is  hereby  amended  by  striking  out  sec-  §  i28/e^/c'., 
tion  one  hundred  and  twenty-eight,  as  most  recently  amended  ^"^ended. 
by  section  forty-one  of  chapter  four  hundred  and  fifty-one 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  and  in- 
serting in  place  thereof  the  following  section:  —  Section  128.  Parole per- 
Subject  to  other  provisions  of  law,  permits  to  be  at  liberty,  wh*om  granted. 
in  this  chapter  also  referred  to  as  parole  permits,  may  be 
granted  as  follows:   to  prisoners  in  the  penal  institutions 
of  the  commonwealth  or  transferred  therefrom  to  jails  or 
houses  of  correction,  with  the  exception  of  prisoners  serving 
sentence  for  drunkenness  only,  by  the  parole  board;    to 
prisoners  in  a  jail  or  house  of  correction  in  any  county  other 
than  Suffolk,  except  those  transferred  as  aforesaid,  by  the 
county  commissioners;   to  prisoners  in  the  jail  or  house  of 
correction  in  Suffolk  county,  except  those  transferred  as 
aforesaid,  by  the  penal  institutions  commissioner.    All  per- 
mits shall  be  issued  by  the  board  or  officer  granting  them. 

Section  2.    Said  chapter  one  hundred  and  twenty-seven  o.  l.  (Ter. 
is  hereby  further  amended  by  striking  out  sections  one  hun-  §§^129-139. 
dred  and  twenty-nine  to  one  hundred  and  thirty-nine,  in-  ^^i'f^^  °"*' 
elusive,  as  amended,  and  inserting  in  place  thereof  the  nine  §§  129-I36A. 
following  new  sections:  —  Section  129.    The  officer  in  charge  '"^'^''*<='*- 
of  each  prison  or  other  place  of  confinement,  except  the  Er'L^od"" 
state  farm,  shall  keep  a  record  of  the  conduct  of  each  pris-  conduct. 
oner  in  his  custody  whose  term  of  imprisonment  is  four  Exceptions. 
months  or  more.    Every  such  prisoner  whose  record  of  con- 
duct shows  that  he  has  faithfully  observed  all  the  rules  of 
his  prison  or  other  place  of  confinement,  and  has  not  been 
subjected  to  punishment  or  released  on  parole  or  permit  to 
be  at  liberty  from  the  sentence  which  he  is  then  serving  and 
returned  for  violation  of  such  parole  or  permit,  shall  be  en- 
titled, upon  terms  to  be  prescribed  as  hereinafter  provided, 
to  a  conditional  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 


1036  Acts,  1941.— Chap.  690. 

years,  three  days  for  each  month;  upon  a  sentence  of  not 
less  than  three  years  and  less  than  five  years,  four  days 
for  each  month;  upon  a  sentence  of  not  less  than  five  years 
and  less  than  ten  years,  five  days  for  each  month;  upon  a 
sentence  of  ten  years  or  more,  six  days  for  each  month.  If 
a  prisoner  has  two  or  more  sentences  to  be  served  otherwise 
than  concurrently,  the  aggregate  of  his  several  sentences 
shall  be  the  basis  upon  which  the  deduction  shall  be  deter- 
mined. A  prisoner  who  is  entitled  to  such  conditional  de- 
duction shall  receive  a  written  permit  to  be  at  Uberty  during 
the  time  so  deducted,  upon  such  terms  as  the  board  or 
officer  granting  the  permit  shall  prescribe.  If  a  prisoner  to 
whom  such  a  permit  has  been  granted  violates  any  of  the 
terms  thereof,  it  may  be  revoked  by  the  board  or  officer  by 
which  or  by  whom  it  was  granted,  and  such  prisoner  shall 
thereupon  be  ordered  to  be  returned  to  the  prison  or  other 
place  of  confinement  to  which  he  was  originally  sentenced. 
He  shall  serve  the  portion  of  his  sentence  originally  imposed 
which  remained  at  the  time  of  his  receiving  such  permit, 
or  so  much  thereof  as  such  board  or  officer  may  determine. 
If  a  prisoner  violates  any  of  the  rules  of  his  prison  or  other 
place  of  confinement  or  the  terms  of  a  parole  or  permit  to 
be  at  liberty  from  the  sentence  which  he  is  then  serving,  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 
or  officer  authorized  to  grant  permits  to  such  a  prisoner, 
shall  decide  what  part  of  such  deduction  shall  be  forfeited 
by  such  violation.  If,  during  the  term  of  imprisonment  of 
a  prisoner  confined  in  a  state  or  county  institution,  such 
prisoner  shall  commit  any  offence  of  which  he  shall  be  con- 
victed and  sentenced,  all  such  deductions,  from  both  the 
former  sentence  and  any  subsequent  sentence  of  imprison- 
ment for  the  offence  of  which  he  was  so  convicted,  shall  be 
thereby  forfeited. 
Terms  and  SccHon  130.    Exccpt  as  provided  in  section  one  hundred 

conditions  j   j.  j.         •  •  iiii  xi  i 

of  parole.  and  twenty-muc,  no  prisoner  shall  be  granted  a  parole  per- 

mit merely  as  a  reward  for  good  conduct  or  efficient  perform- 
ance of  duties  assigned  in  prison,  but  only  if  the  board  or 
officer  having  jurisdiction  is  of  the  opinion  that  there  is  a 
reasonable  probabilit}'^  that,  if  such  prisoner  is  released,  he 
will  live  and  remain  at  liberty  without  violating  the  law, 
and  that  his  release  is  not  incompatible  with  the  welfare  of 
society.  A  prisoner  to  whom  a  parole  permit  is  granted, 
including  a  permit  granted  under  section  one  hundred  and 
twenty-nine,  shall  be  allowed  to  go  upon  parole  outside  of 
prison  walls  and  inclosure  upon  such  terms  and  conditions 
as  the  board  or  officer  having  jurisdiction  shall  prescribe, 
but  shall  remain,  while  thus  on  parole,  subject  to  the  juris- 
diction of  such  board  or  officer  until  the  expiration  of  the 
term  of  imprisonment  to  which  he  has  been  sentenced. 


Acts,  1941.  — Chap.  690.  1037 

Section  131.     The   board   or   officer   having  jurisdiction  Specification 
shall,  in  releasing  a  prisoner  on  parole,  specify  in  writing  the  fl  OTUing^**'" 
terms  and  conditions  of  his  parole,  and  a  copy  of  such  terms 
and  conditions  shall  be  given  to  the  parolee.    A  violation  of 
such  terms  or  conditions  shall  render  the  parolee  liable  to 
arrest  and  re-imprisonment. 

Section  132.  The  parole  board  shall  be  charged  with  the  Duties  of 
duty  of  determining  what  prisoners,  within  its  jurisdiction  ^"°*  °"  ' 
as  defined  in  section  one  hundred  and  twenty-eight,  in  the 
penal  institutions  of  the  commonwealth  or  transferred  there- 
from to  jails  or  houses  of  correction,  may  be  released  on 
parole  and  when  and  under  what  conditions.  The  power  to 
grant  a  parole  permit  to  any  such  prisoner  and  to  revoke, 
revise,  alter  or  amend  the  same  and  the  terms  and  conditions 
on  which  it  was  granted  shall  remain  in  the  parole  board 
until  the  expiration  of  the  maximum  term  of  the  sentence  for 
the  service  of  which  such  prisoner  was  committed  notwith- 
standing the  transfer  of  such  prisoner  from  an  institution  of 
the  commonwealth  to  any  other  institution.  Said  parole 
board  shall  also  be  charged  with  the  duty  of  supervising  all 
prisoners  released  on  parole  permits  granted  by  it,  including 
permits  granted  under  section  one  hundred  and  twenty-nine, 
of  making  such  investigations  as  may  be  necessary  in  con- 
nection therewith,  of  determining  whether  violation  of  parole 
terms  and  conditions  exists  in  specific  cases  and  of  deciding 
the  action  to  be  taken  with  reference  thereto,  and  of  aiding 
paroled  prisoners  to  secure  employment.  The  parole  board 
shall  also  be  charged  with  the  duty  of  supervising  all  prison- 
ers pardoned  on  parole  conditions,  and  of  reporting  to  the 
governor  and  to  the  warden,  superintendent  or  keeper,  re- 
spectively, of  the  institution  in  which  the  prisoner  was  con- 
fined at  the  time  of  his  pardon,  violations  by  any  such  prisoner 
of  the  parole  conditions  applicable  to  his  pardon. 

Section  133.     Parole  permits  may  be  granted  by  the  parole  Time  of  grant- 
board  to  prisoners  subject  to  its  jurisdiction  at  such  time  as  '°^  parole. 
the  board  in  each  case  may  determine;    provided,  that  no  Exceptions, 
prisoner  held  under  sentence  to  the  state  prison  shall  receive 
a  parole  permit  until  he  shall  have  served  two  and  one  half 
years,  nor  until  he  shall  have  served  two  tliirds  of  his  mini- 
mum sentence,  or,  if  he  has  two  or  more  sentences  to  be 
served  otherwise  than  concurrently,  two  thirds  of  the  aggre- 
gate of  the  minimum  terms  of  such  several  sentences. 

Section  134-     No  parole  permit  shall  be  granted  by  the  Procedure 
parole  board  to  an  inmate  in  the  state  prison,  the  Massa-  g[an°t!ng''* 
chusetts  reformatory,  the  reformatory  for  women,  the  state  paroles. 
prison  colony  or  the  state  farm  until  the  inmate  has  been 
seen  by  said  board.    The  warden  and  superintendents  of  the 
penal  institutions  of  the  commonwealth,  personally  or  by  a 
representative,  shall  be  present  at  all  meetings  of  the  parole 
board  at  which  the  board  votes  on  the  matter  of  the  release 
from  their  respective  institutions  of  a  prisoner  serving  sen- 
tence for  a  felony  or  of  a  defective  delinquent.    Each  mem- 
ber of  the  parole  board  shall  record  in  clear  and  concise  form 


1038 


Acts,  1941.  — Chap.  690. 


parole  board. 


the  reasons  for  his  or  her  decision  in  the  matter  of  granting  a 
parole  permit  to  a  prisoner  serving  a  sentence  for  a  felony  or 
to  a  defective  delinquent.  This  section  shall  not  apply  in 
the  case  of  release  of  prisoners  under  section  one  hundred 
and  twenty-nine. 
Records  of  Sectiofi  135.     The    commissioner    shall    furnish    to    the 

commissioner  ,,  in-c  i-         •!•  •  ij-         , 

to  be  furnished  parole  Doard  all  mformation  m  his  possession  relating  to  any 
prisoner  whose  case  is  under  consideration.  As  each  prisoner 
sentenced  under  an  indeterminate  sentence  is  received  in  the 
prisons  of  the  commonwealth,  it  shall  be  the  duty  of  the 
commissioner,  while  the  case  is  still  recent,  to  cause  to  be 
obtained  and  filed  information  as  complete  as  may  be  ob- 
tainable at  that  time  with  regard  to  such  prisoner.  Such 
information  shall  include  a  complete  statement  of  the  crime 
for  which  he  is  then  sentenced,  the  circumstances  of  such 
crime,  the  nature  of  his  sentence,  the  court  in  which  he  was 
sentenced,  the  name  of  the  judge  and  district  attorney,  and 
copies  of  such  probation  reports  as  may  have  been  made,  as 
well  as  reports  as  to  the  prisoner's  social,  physical,  mental 
and  psychiatric  condition  and  history.  It  shall  be  the  duty 
of  the  clerk  of  the  court  and  of  all  probation  officers  and  other 
appropriate  officials  to  send  such  information  as  may  be  in 
their  possession  or  under  their  control  to  the  commissioner, 
upon  request.  The  commissioner  shall  also  at  that  time 
obtain  and  file  a  copy  of  the  complete  criminal  record  of  such 
prisoner,  so  far  as  reasonably  available,  including  any  juvenile 
court  record  that  may  exist.  When  all  such  existing  avail- 
able records  have  been  assembled,  they  shall  be  made  avail- 
able to  the  parole  board  so  as  to  be  readily  accessible  when 
the  parole  of  such  prisoner  is  being  considered. 

Section  136.  No  application  for  release  on  parole  of  a 
prisoner  made  by  him  or  on  his'  behalf  shall  be  entertained 
by  the  parole  board,  but  such  a  release  of  a  prisoner  by  said 
board  shall  be  solely  on  its  own  initiative.  In  every  case 
where  a  prisoner  is  serving  a  sentence  for  a  felony,  the  parole 
board  shall,  within  sixty  days  after  such  prisoner  first  be- 
comes eligible  for  parole,  grant  such  prisoner  a  hearing  be- 
fore the  board  and  shall  consider  carefully  and  thoroughly 
the  question  whether  a  parole  permit  should  be  granted  to 
such  prisoner.  Prisoners  entitled  to  such  a  hearing  shall, 
so  far  as  reasonably  practicable,  be  granted  a  hearing  in 
the  order  in  which  they  respectively  become  ehgible  for 
parole.  At  least  one  month  prior  to  the  time  a  prisoner 
serving  sentence  for  a  felony  first  becomes  eligible  for 
parole,  the  commissioner  shall  submit  to  the  parole  board 
or  to  an  officer  designated  bj^  it,  all  information  with  regard 
to  such  prisoner  not  already  so  submitted.  Such  informa- 
tion shall  include,  in  addition  to  any  other  pertinent  in- 
formation: (a)  a  report  from  the  warden  or  superintendent 
of  each  prison  in  which  such  prisoner  has  been  confined  as 
to  the  prisoner's  conduct  in  prison,  wuth  a  detailed  state- 
ment as  to  all  infractions  of  prison  rules  and  discipline,  all 
punishments  meted  out  to  such  prisoner,  and  the  circum- 


Hearings  on 
paroles,  etc. 


Acts,  1941.  — Chap.  690.  1039 

stances  connected  therewith,  as  well  as  a  report  from  each 
such  warden  or  superintendent  as  to  the  extent  to  which, 
such  prisoner  has  responded  to  the  efforts  made  in  prison 
to  improve  his  mental  and  moral  condition,  with  a  state- 
ment as  to  the  prisoner's  attitude  toward  society,  toward  the 
judge  who  sentenced  him,  toward  the  district  attorney  who 
convicted  him,  toward  the  policeman  who  arrested  him, 
and  how  the  prisoner  then  regards  the  crime  for  which  he 
is  in  prison  and  his  previous  criminal  career;  (6)  a  report 
giving  the  prisoner's  industrial  record  while  in  prison,  the 
nature  of  his  occupations  while  in  prison,  and  a  recommenda- 
tion as  to  the  kind  of  work  he  is  best  fitted  to  perform  and 
at  which  he  is  most  likely  to  succeed  when  he  leaves  prison; 
(c)  a  report  of  such  physical,  mental  and  psychiatric  ex- 
aminations as  have  been  made  of  such  prisoner  which  so 
far  as  practicable  shall  have  been  made  within  two  months 
of  the  time  of  his  eligibility  for  parole.  The  parole  board 
shall  reach  its  own  conclusions  as  to  the  desirability  of  grant- 
ing such  prisoner  a  parole  permit.  This  section  shall  not 
apply  in  the  case  of  release  of  prisoners  under  section  one 
hundred  and  twenty-nine. 

Section  136 A.    The  commissioner  may  grant,  upon  such  Conditional 
terms  and  conditions  as  he  may  prescribe,  a  conditional  prisoner  held 
release  to  any  prisoner  in  a  penal  institution  of  the  common-  soieiy  for 
wealth  who  is  there  held  solely  by  reason  of  a  sentence  for  """  enness. 
drunkenness.     Such  terms  and  conditions  may  be  revised, 
altered  or  amended,  or  such  conditional  release  may  be 
revoked,  by  the  commissioner  at  any  time.    A  violation  by 
the  holder  of  such  conditional  release  of  any  of  its  terms  or 
conditions  or  the  violation  of  any  law  of  the  commonwealth 
shall  render  such  conditional  release  void.     The  commis- 
sioner, if  a  conditional  release  issued  by  him  has  become 
void  or  has  been  revoked,  may  order  the  arrest  of  the  holder 
of  such  conditional  release  by  any  special  state  police  officer 
in  the  department  of  correction  or  any  officer  qualified  to 
serve  civil  or  criminal  process  in  any  county,  and  the  return 
of  such  holder  to  the  prison  to  which  he  was  originally  sen- 
tenced. 

Section  3.    Section  one  hundred  and  forty-nine  of  said  p- l-  (Ter. 
chapter  one  hundred  and  twenty-seven,  as  most  recently  §  149,  etc'., 
amended  by  section  two  of  chapter  one  hundred  and  seventy-  ^'"^nded. 
four  of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
further  amended  by  striking  out  the  second  sentence,  — 
so  as  to  read  as  foWows:  —  Section  149.    The  parole  board,  Arrest  for 
the  county  commissioners  or,  in  Suffolk  county,  the  penal  permit?'^tc. 
institutions  commissioner  of  Boston,  if  a  permit  to  be  at 
liberty  granted  or  issued  by  them,  respectively,  has  be- 
come 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 


1040 


Acts,  1941.  — Chap.  690. 


G.  L.  (Ter. 
Ed.).  127, 
§  154,  etc.. 
amended. 


Duties  of 
parole  board 
acting  as  ad- 
visory board 
of  pardons. 


to  the  prison  to  which  he  was  originally  sentenced.  A 
prisoner  who  has  been  so  returned  to  prison  shall  be  de- 
tained therein  according  to  the  terms  of  his  original  sentence. 
In  computing  the  period  of  his  confinement,  the  time  be- 
tween 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. 

Section  4.  Said  chapter  one  hundred  and  twenty-seven 
is  hereby  further  amended  by  striking  out  section  one  hun- 
dred and  fifty-four,  as  amended,  and  inserting  in  place 
thereof  the  following  section:  —  Section  154-  The  parole 
board,  acting  as  the  advisory  board  of  pardons,  shall  con- 
sider carefully  and  thoroughly  the  merits  of  all  petitions 
for  pardon  or  commutation  of  sentence  referred  to  it  by  the 
governor,  and  it  shall  make  to  him  a  written  report  con- 
taining its  conclusions  and  recommendations.  No  such 
report  shall  be  made  without  the  concurrence  of  a  majority 
of  the  members  of  the  board.  If  in  the  opinion  of  the  board 
the  facts  stated  in  such  report  are  such  as  to  cause  undue  or 
unmerited  hardship  or  injury  to  the  petitioner  or  to  other 
individuals,  if  made  public,  the  portion  of  said  report  con- 
taining such  facts  may  be  submitted  separately  from  the 
conclusions  and  recommendations,  and  without  publicity, 
but  in  all  cases  a  statement  setting  forth  the  crime  or  crimes 
for  which  a  pardon  or  commutation  of  sentence  is  sought, 
the  sentence  or  sentences  received,  and  the  length  of  time 
served,  together  with  such  statement  of  the  conclusions  and 
recommendations  of  the  board,  shall  be  made  public  when 
the  report  is  submitted,  and  a  copy  of  such  statement, 
signed  by  each  member  concurring  therein  shall  be  retained 
in  the  records  of  the  board  and  shall  be  and  remain  a  matter 
of  public  record.  Before  considering  any  petition  for  par- 
don or  commutation  of  sentence,  if  the  conviction  of  the 
prisoner  was  had  in  the  superior  court,  the  parole  board, 
acting  as  the  advisory  board  of  pardons,  shall  notify  the 
district  attorney,  who  shall  report  the  facts  of  the  case  as 
they  appeared  at  the  trial,  or,  if  the  conviction  was  upon  a 
plea  of  guilty,  the  facts  as  he  understands  them,  the  names 
of  all  witnesses  in  the  case,  and  his  recommendation.  If  the 
petitioner  is  serving  a  sentence  in  the  state  prison  the  attor- 
ney general  shall  also  be  notified.  If  the  conviction  was  in 
a  district  court  the  justice  thereof  shall  make  to  said  board 
a  similar  report  and  recommendation.  The  attorney  gen- 
eral, district  attorney  or  justice,  as  the  case  may  be,  shall  be 
notified  of  the  hearing  upon  the  petition  for  pardon  or  com- 
mutation of  sentence,  and  they  or  their  representatives  may 
be  present  at  the  hearing,  examine  the  petitioner's  witnesses, 
and  be  heard.  The  said  board  shall  not  review  the  pro- 
ceedings of  the  trial  court,  and  shall  not  consider  any 
questions  regarding  the  correctness,  regularity  or  legality  of 


Acts,  1941.  — Chap.  690.  1041 

such  proceedings,  but  shall  confine  itself  solely  to  matters 
which  properly  bear  upon  the  propriety  of  the  extension  of 
clemency  to  the  petitioner.  Said  board  from  time  to  time 
may  make  rules  relative  to  the  calling  of  meetings  and  to 
the  proceedings  thereat.  The  board  or  any  member  of  it 
may  summon  witnesses  and  administer  oaths  or  affirma- 
tions. The  fees  of  witnesses  before  the  board  shall  be  the 
same  as  for  witnesses  in  civil  actions  before  the  courts,  and 
shall  be  paid  from  the  appropriation  for  the  expenses  of  the 
parole  board. 

Section  5.     Said  chapter  one  hundred  and  twenty-seven  g.  l.  (Xer. 
is  hereby  further  amended  by  striking  out  sections  one  hun-  fj^ieslnd  i67 
dred  and  sixty-six  and  one  hundred  and  sixty-seven,  inserted  etc.,  amended. ' 
by  chapter  four  hundred  and  eighty-four  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  and  inserting  in  place  thereof 
the  two  following  sections:  —  Section  166.     No  person  shall.  Compensation, 
in  the  attempt  to  procure,  or  for  the  procurement  of,  any  mgpardoni'"' 
pardon,  parole,  commutation  of  or  respite  from  sentence  of  a  ^^'^"  P''o^''''t«<J- 
prisoner  then  confined  in,  or  at  liberty  after  having  been 
confined  in,  any  of  the  penal  institutions  of  this  common- 
wealth, or  then  under  sentence  to  serve  a  term  of  imprison- 
ment in  any  of  said  institutions,  knowingly  pay  or  offer  to 
pay,  or  solicit,  offer  to  receive  or  receive,  either  by  way  of 
gift  or  of  reward  or  of  compensation  for  services,  or  other- 
wise, except  for  proper  legal  services,  any  money  or  other 
thing  of  value,  or  shall  transmit  the  same  from  one  person 
to  another;    nor  in  such  attempt  or  for  such  procurement 
shall  any  person  make,  or  offer  or  promise  to  make,  or  to 
procure  or  induce  the  making  of,  any  appointment  to  any 
position,  whether  or  not  in  the  public  service. 

Section  167.  No  person  shall  represent  or  purport  to  written 
represent  any  prisoner  then  confined  in,  or  at  hberty  after  r"pre°ent  *** 
having  been  confined  in,  any  of  the  penal  institutions  of  this  prisoner. 
commonwealth  or  then  under  sentence  to  serve  a  term  of  Filing- of,  etc. 
imprisonment  in  any  of  said  institutions,  in  the  attempt  to 
procure  or  for  the  procurement  of  any  pardon,  parole,  com- 
mutation of  or  respite  from  sentence,  unless  such  person  shall 
first  have  filed  in  the  office  of  the  state  secretary  a  written 
statement  signed  by  him  and  made  under  the  penalties  of 
perjury,  stating  in  substance  that  none  of  the  provisions  of 
section  one  hundred  and  sixty-six  has  been  violated,  that 
such  person  is  acting  with  the  written  consent  of  the  prisoner, 
and  that  such  person  has  not  received  or  been  promised,  and 
does  not  expect  to  receive  or  to  be  promised,  any  money  or 
other  reward  for  so  acting,  except  fees  or  other  reward  for 
legal  services,  the  amount  of  which  fees  or  other  reward  and 
a  detailed  description  of  which  services  shall  be  set  forth  in 
such  statement.  If  any  person  receives  any  additional  fee 
or  other  reward  for  legal  services  different  from  that  dis- 
closed in  the  statement  referred  to  in  this  section,  such  person 
shall  forthwith  file  in  the  same  form  and  manner  as  the 
original  statement  an  additional  statement  setting  forth  the 
amount  of  such  additional  fees  or  the  exact  nature  and  extent 


1042 


Acts,  1941. —Chap.  690. 


G.  L.  (Ter. 
Ed.),  127, 
§  127,  etc., 
amended. 


Special  state 
police. 

Powers  and 
duties. 


G.  L.  (Ter. 
Ed.),  27,  new 
§  5A,  inserted. 

Appointment 
of  certain 
employees 
by  board. 


G.  L.  (Ter. 
Ed.),  27,  §  4, 
repealed. 

Civil  service 
status  of  trans- 
ferred em- 


of  such  reward,  with  a  detailed  description  of  the  legal  serv- 
ices rendered  for  such  fee  or  reward.  Said  statements  shall  be 
kept  as  permanent  records  in  the  office  of  the  state  secretary 
and  shall  be  open  to  public  inspection  at  any  reasonable  time. 

Section  5A.  Section  one  hundred  and  twenty-seven  of 
said  chapter  one  hundred  and  twenty-seven,  as  most  recently 
amended  by  chapter  seventy  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  further  amended  by  inserting  after 
the  word  "governor"  in  the  seventh  line  the  words:  —  ,  the 
commissioner,  —  and  by  adding  at  the  end  the  following 
sentence :  —  The  parole  board  shall  appoint  a  woman  to 
serve  under  it,  with  the  title  of  supervisor  of  parole  for 
women,  who  shall  be  in  charge  of  women  parolees  and  shall 
direct  the  work  of  the  women  parole  agents,  —  so  as  to  read 
as  follows:  —  Section  127.  The  governor,  upon  the  written 
recommendation  of  the  commissioner,  may  appoint  any  agent 
or  employee  of  the  department  of  correction  or  any  employee 
of  any  penal  institution  a  special  state  police  officer  for  a 
term  of  three  years,  unless  sooner  removed.  Officers  so  ap- 
pointed may  serve  warrants  issued  by  the  governor,  the  com- 
missioner or  the  parole  board  and  orders  of  removal  or  trans- 
fer 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  cus- 
tody of  an  officer  while  being  conveyed  to  or  from  any  such 
institution,  and  may  perform  police  duty  about  the  prem- 
ises of  penal  institutions.  The  parole  board  shall  appoint  a 
woman  to  serve  under  it,  with  the  title  of  supervisor  of  parole 
for  women,  who  shall  be  in  charge  of  women  parolees  and 
shall  direct  the  work  of  the  women  parole  agents. 

Section  6.  Chapter  twenty-seven  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  five,  as  amended, 
the  following  new  section:  —  Section  5 A.  Said  board  may 
appoint  such  employees  as  its  work  may  require  and  may 
employ  such  number  of  male  and  female  agents  as  may  be 
approved  by  the  governor  and  council  to  enable  it  to  carry 
out  its  duties  under  the  laws  relative  to  the  release  of  prison- 
ers, their  supervision  after  release  and  the  procuring  of  em- 
ployment for  them,  and  may  remove  them.  One  or  more  of 
said  agents  may  be  designated  by  said  board  as  agents  for 
aiding  discharged  prisoners.  The  agents  shall  give  their  en- 
tire time  during  business  hours  to  their  duties,  and  shall  be 
reimbursed  for  the  necessary  expenses  actually  incurred  in 
the  performance  of  their  duties,  after  the  bills  therefor  have 
been  approved  by  said  board.  The  commissioner  shall  re- 
quire one  of  the  deputy  commissioners  to  supervise  the  work 
of  such  agents,  employees  and  parolees  as  the  board  may 
designate  and  subject  to  the  direction  of  the  board. 

Section  7.  Section  four  of  said  chapter  twenty-seven, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  repealed. 

Section  8.  All  male  and  female  agents  and  clerical  and 
other  employees  of  the  department  of  correction  assigned  by 


Acts,  1941.  — Chap.  691.  1043 

it  principally  to  matters  relating  to  parole  are  hereby  trans-  pioyecs  un- 
ferred  to  serve  under  the  parole  board  without  impairment  ™i'^""^'^- 
of  their  civil  service  status  or  of  any  rights  to  which  they 
may  be  lawfully  entitled.  Subject  to  the  direction  of  said 
board,  the  work  of  such  agents  and  employees  shall  continue 
to  be  supervised  by  the  deputy  commissioner  now  in  charge 
of  parole  supervision,  until  the  commissioner  otherwise  di- 
rects or  said  deputy  commissioner  ceases  to  hold  office. 

Section  9.  In  so  far  as  the  provisions  of  this  act  are  the  Construction 
same  as  the  provisions  of  law  in  effect  immediately  prior  to  "^  '^''^' 
the  effective  date  of  this  act  they  shall  be  construed  as  con- 
tinuations thereof  and  not  as  new  enactments.  Nothing  in 
this  act  shall  affect  the  provisions  of  section  two  of  chapter 
one  hundred  and  thirty-four  of  the  acts  of  nineteen  hundred 
and  thirty-three. 

Section  10.     This  act  shall  become  effective  on  Decem-  Effective 
ber  first  in  the  current  year.       Approved  October  S4,  1941.      '^^^^' 

An  Act  creating  the  division  of  milk  control  in  the  ni.f^^  cq-i 

DEPARTMENT  OF  AGRICULTURE,   UNDER  THE  CONTROL  AND  ^ '^^V -^^ ^ 
SUPERVISION     OF    THE    MILK    CONTROL    BOARD,     DEFINING 
THE    POWERS   AND    DUTIES    OF   SAID    DIVISION    AND    BOARD, 
AND    INCORPORATING    THE    STATE    MILK    CONTROL    LAW,    SO 
CALLED,    INTO   THE   GENERAL   LAWS. 

Whereas,  Provisions  of  law  similar  to  those  contained  in  Emergency 
this  act  have  been  in  effect  for  several  years  and  will  shortly  preamble. 
cease  to  be  effective,  but  the  circumstances  and  conditions 
which  made  advisable  their  enactment  still  continue  and 
it  is  accordingly  desirable  that  the  provisions  of  this  act 
take  effect  before  such  provisions  cease  to  be  effective; 
therefore,  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  health 
and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  twenty  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  six,  added  by  section  newjiVg, 
two  of  chapter  three  hundred  and  forty  of  the  acts  of  nine-  inserted. 
teen  hundred  and  thirty-four,  under  the  caption  division 
OF  MILK  CONTROL,  the  f oUowing  three  new  sections :  —  Sec-  MUk  control 
Hon  7.     In  addition  to  the  divisions  referred  to  in  section  '^°'"'''- 
four,  there  shall  be  in  the  department  a  division  of  milk  con-  of'',\'°^"berT* 
trol,  under  the  control  and  supervision  of  a  board  to  be  etc. 
known  as  the  milk  control  board,  said  board  in  this  and  Expenses 
sections  eight  and  nine  being  referred  to  as  the  board,  com-  °  -  ^  "• 
posed  of  the  commissioner,  ex  officio,  who  shall  be  the  chair- 
man of  the  board,  and  two  persons  who  shall  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the 
council.     Of  the  appointive  members  first  appointed  here- 
under one  shall  be  appointed  to  serve  for  a  term  of  two 
years  and  one  for  a  term  of  four  years.    Upon  the  expira- 
tion of  the  term  of  any  appointive  member,  his  successor 


1044 


Acts,  1941. —  Chap.  691. 


Director  of 
milk  control. 


Board  to  make 
rules,  etc. 


G.  L.  (Ter. 
Ed.),  new 
chapter  94 A, 
inserted. 


Definitions. 


shall  be  appointed  in  like  manner  for  a  term  of  four  years. 
Any  member  of  the  board  may  be  removed  by  the  governor, 
upon  due  notice  and  hearing,  for  neglect  of  duty  or  malfea- 
sance in  office,  but  for  no  other  cause. 

One  vacancy  in  the  membership  of  the  board,  whether  or 
not  among  the  appointive  members  thereof,  shall  not  impair 
the  right  of  the  remaining  members  to  exercise  all  the  pow- 
ers of  the  board,  and  two  members  of  the  board  shall  at  all 
times  constitute  a  quorum.  The  board  shall  have  an  official 
seal  which  shall  be  judicially  noticed. 

Each  appointive  member  of  the  board  shall  receive  as 
compensation  the  sum  of  fifteen  hundred  dollars  per  annum, 
and  his  actual  expenses  for  necessary  travel  incurred  in  the 
performance  of  his  duties;  provided,  that  any  member  who 
is  otherwise  regularly  employed  by  the  commonwealth  shall 
not  receive  any  compensation  as  a  member  of  the  board, 
but  may  be  allowed  his  actual  expenses  for  necessary  travel. 

Section  8.  The  board,  subject  to  the  approval  of  the 
governor  and  council,  shall  appoint  a  director  of  the  divi- 
sion of  milk  control,  whose  title  shall  be  director  of  milk 
control,  hereinafter  referred  to  as  the  director.  In  addition 
to  any  duties  imposed  upon  him  by,  or  under  authority  of, 
any  provision  of  sections  seven  to  nine,  inclusive,  of  this 
chapter,  or  of  chapter  ninety-four  A,  the  director  shall,  at 
the  request  of  the  board,  attend  any  meeting  of  the  board, 
but  shall  have  no  vote.  Subject  to  appropriation,  the  board 
may  appoint  such  other  employees  as  may  be  necessary  in 
order  to  execute  effectively  the  functions  by  sections  seven 
to  nine,  inclusive,  of  this  chapter,  and  by  chapter  ninety- 
four  A,  vested  in  the  board  and  the  director,  respectively. 
The  board  may  expend  for  the  necessary  traveling  expenses 
of  its  members,  director  and  employees,  incurred  in  per- 
formance of  their  official  duties,  and  for  salaries,  services 
and  other  necessary  expenses  of  the  board  such  sums  as 
may  be  appropriated  therefor. 

Section  9.  The  board  may  from  time  to  time  adopt,  alter 
or  rescind  orders,  rules  and  regulations  which  it  -may  deem 
necessary  or  desirable,  to  carry  out  the  purposes  and  provi- 
sions of  sections  seven  to  nine,  inclusive,  of  this  chapter, 
and  of  chapter  ninety-four  A. 

Section  2,  The  General  Laws  are  hereby  amended  by 
inserting  after  chapter  ninety-four,  as  appearing  in  the  Ter- 
centenary Edition,  the  following  new  chapter  under  the 
title:  — 

Chapter  94A. 

Milk  Control. 

definitions. 

Section  1.  The  following  words  as  used  in  this  chapter 
and  in  sections  seven  to  nine,  inclusive,  of  chapter  twenty, 
unless  the  context  otherwise  requires,  shall  have  the  follow- 
ing meanings: 


Acts,  1941.  — Chap.  691.  1045 

"Affiliate",  any  person,  or  any  subsidiary  thereof,  having 
either  directly  or  indirectly,  actual  or  legal  control  of  or  over 
a  milk  dealer,  whether  by  stock  ownership  or  in  any  other 
manner. 

"Board",  the  milk  control  board  established  under  sec- 
tion seven  of  chapter  twenty. 

"Books  and  records",  books,  records,  accounts,  contracts, 
memoranda,  documents,  papers,  correspondence  or  other 
data  pertaining  to  the  business  of  the  person  in  ques- 
tion. 

"Consumer",  any  person,  other  than  a  milk  dealer,  who 
purchases  milk  for  consumption. 

"Co-operative  Association",  a  co-operative  association, 
corporation  or  sales  agency. 

"Director",  the  director  of  milk  control  referred  to  in  sec- 
tion eight  of  chapter  twenty. 

"Fluid  milk",  any  milk,  other  than  cream,  which  is  sold, 
distributed  or  used  for  any  purpose  other  than  manu- 
facture of  cream,  ice  cream,  butter  or  cheese;  or,  in  any 
market  for  which  the  board  has  by  order,  rule  or  regulation, 
established  classification  on  the  basis  of  use,  such  portion 
thereof  as  may  from  time  to  time  be  classified  by  such  order,, 
rule  or  regulation  within  the  highest  use  classification  for 
the  market  concerned. 

"Licensee",  a  milk  dealer  licensed  under  any  provision  of 
this  chapter  or  of  similar  provisions  of  earUer  law. 

"Market",  one  or  more  cities  or  towns,  or  any  portion 
thereof,  designated  by  the  board  as  a  natural  milk  marketing 
area  within  the  commonwealth. 

"Milk",  includes  whole  milk  and  cream,  fresh,  sour  or 
storage;  skimmed  milk  and  buttermilk;  irrespective  of 
whether  or  not  any  such  milk  is  flavored. 

"Milk  dealer",  any  person,  irrespective  of  whether  such 
person  is  also  a  producer  or  an  association  of  producers, 
who,  on  his  own  account  or  on  behalf  of  producers,  is  engaged 
within  the  commonwealth  in  the  business  of  receiving,  pur- 
chasing, pasteurizing,  bottUng,  processing,  distributing  or 
otherwise  handling  milk.  No  owner  or  operator  of  a  hotel 
or'  restaurant  who  sells  milk  consumed  on  the  premises 
where  sold,  and  does  not  purchase  or  receive  milk  from  pro- 
ducers, and  no  producer  who  delivers  raw  milk  only  to  a 
milk  dealer,  shaU  be  deemed  a  milk  dealer  for  the  purposes 
of  this  chapter. 

"Person",  any  individual,  partnership,  association,  corpo- 
ration or  other  business  entity,  or  a  subsidiary  or  aflSliate 
thereof. 

"Producer",  a  person  producing  milk. 

"Store",  includes  a  grocery  store,  dairy  products  store  or 
any  similar  mercantile  establishment  at  which  milk  is  sold 
for  consumption  off  the  premises. 

"Subsidiary",  any  person  of  or  over  whom  a  milk  dealer 
or  an  afl&liate  of  a  milk  dealer  has,  or  several  milk  dealers 


1046  Acts,  1941.  — Chap.  691. 

and  their  respective  affiliates,  or  any  of  them  collectively 
have,  either  directly  or  indirectly,  actual  or  legal  control, 
•    whether  by  stock  ownership  or  in  any  other  manner. 

POWERS   AND    DUTIES   OF    BOARD. 

Powers  and  Sectw7i  2.     The  board  shall  have  the  following  powers 

and  duties,  in  addition  to  any  others  granted  to  it  by  any 
other  provision  of  this  chapter  and  by  sections  eight  and 
nine  of  chapter  twenty:  — 

(1)  To  designate  and  establish  as  markets  the  several 
natural  milk  marketing  areas  of  the  commonwealth;  to  su- 
pervise and  regulate  the  milk  industry  of  the  commonwealth, 
including  the  production,  purchase,  receipt,  sale,  payment 
and  distribution  of  milk  within  the  commonwealth  and  the 
control  of  unreasonable  and  burdensome  surplus  of  milk 
in  any  market  coming  from  either  within  or  without  the 
commonwealth;  to  prescribe  such  regulations  as  shall  tend 
(a)  equitably  to  apportion  the  total  value  of  the  milk  pur- 
chased or  received  by  any  dealer,  or  by  all  dealers  in  any 
market,  among  the  producers  delivering  to  such  dealer  or 
dealers,  on  the  basis  of  their  marketings  of  milk  during  a 
prior  representative  period,  and  (6)  to  encourage  the  pro- 
duction of  a  regular,  continuous  and  adequate  supply  for 
such  market  or  markets  of  fresh  fluid  milk  conforming  to 
law;  and  to  promote  programs  designed  to  increase  the 
consumption  of  milk; 

(2)  To  investigate  and  regulate,  as  conditions  permit  and 
the  purposes  of  this  chapter  require,  all  matters  pertaining 
to  markets,  to  the  production,  manufacture,  processing, 
storage,  transportation,  disposal,  distribution  and  sale  of 
milk  within  the  commonwealth,  and  to  the  establishment 
and  maintenance  of  reasonable  trade  practices  relative  to 
milk; 

(3)  The  board  may,  after  examination  and  investigation, 
and  after  hearing  held  after  due  notice,  adopt  all  orders, 
rules  and  regulations,  not  inconsistent  with  law,  which  it 
deems  necessary  or  desirable  to  administer  or  effectuate 
any  of  the  purposes  of  this  chapter. 

(4)  No  provision  of  this  chapter  conferring  a  general 
power  upon  the  board  shall  be  deemed  to  be  impaired  or 
qualified  by  the  granting  to  the  board  of  any  specific  power 
or  powers. 

(5)  The  board  may  act  as  mediators  and  arbitrators  in 
any  controversy  or  issue  among  or  between  producers  and 
milk  dealers  either  as  individuals  or  as  groups,  associations 
or  corporations. 

(6)  Nothing  in  this  chapter  shall  be  construed  to  empower 
or  authorize  the  adoption  and  enforcement  of  any  public 
health  rule  or  regulation  by  the  board. 


Acts,  1941.  — Chap.  691.  1047 


ENFORCEMENT. 

Section  3.    Subject  to  the  supervision  and  control  of  the  Enforcement 
board,  the  director  shall  enforce  the  provisions  of  this  chap-  °^  chapter,  etc. 
ter  and  all  orders,  rules  and  regulations  of  the  board.  Review. 

Any  person  aggrieved  by  any  act  or  decision  of  the  di- 
rector in  such  enforcement  may,  within  such  time  as  the 
board  by  rule  or  regulation  shall  provide,  appeal  to  the 
board  for  a  review  thereof,  and  the  board  shall  grant  such 
person  a  hearing  after  due  notice. 

LICENSES. 

Section  4-  («)  No  milk  dealer,  except  as  provided  in  Licensing  of 
subsection  (6),  shall  within  the  commonwealth  buy  or  """"^^*^®''^- 
receive  milk  from  producers  or  others,  or  sell  or  distribute 
milk,  or  pasteurize,  bottle,  package  or  otherwise  process 
milk  for  sale,  unless  he  is  duly  licensed  as  provided  in  this 
chapter,  and  no  milk  dealer  shall  buy  milk  from  or  sell  milk 
to  another  milk  dealer  who,  being  required  to  be  licensed, 
is  not  so  licensed,  or  in  any  way  deal  in  or  handle  milk 
which  he  has  reason  to  believe  has  previously  been  dealt  in 
or  handled  in  violation  of  any  provision  of  this  chapter,  or 
of  any  order,  rule  or  regulation  made  thereunder. 

(6)  The  board,  provided  it  shall  first  determine  that  such  Exception. 
action  will  not  adversely  affect  market  conditions  relative 
to  milk,  may  by  its  order  exempt  from  the  operation  of  all 
or  any  portion  of  this  chapter  any  milk  dealer  who  pur- 
chases milk  only  from  a  licensed  milk  dealer,  and  whose 
only  sales  of  milk  are  at'a  store. 

(c)  Licenses  required  by  this  chapter  shall  be  in  addi- 
tion to  any  other  license  required  by  law. 

(d)  Any  school,  hospital,  infirmary  or  other  like  chari-  Licenses  for 
table  institution,  located  within  the  commonwealth  and  ^°  °°  *'  ^**^' 
wholly  supported  by  funds  of  the  United  States  or  of  the 
commonwealth,  or  of  any  county,  city,  town  or  legally 
organized  district  within  the  commonwealth,  and  which 
purchases  or  receives  from  producers  raw  milk  delivered  in 
containers  holding  not  less  than  twenty  quarts  each,  and, 

on  the  premises  of  said  institution,  pasteurizes  or  otherwise 
processes  the  same  for  consumption -on  said  premises,  or 
uses  the  same  in  the  manufacture  of  milk  products  for  use 
or  consumption  on  said  premises,  or  proposes  so  to  do,  may 
make  application,  in  the  manner  provided  in  section  five, 
for  a  milk  dealer  license,  which  the  board  is  hereby  author- 
ized to  grant. 

Section  6.     Each  person,  before  engaging  in  business  as  Application 
a  milk  dealer,  shall  make  application  to  the  board  for  a  cont^t^of, 
license  hereunder,  which  the  board  is  hereby  authorized  to  etc. 
grant.    Such  application  shall  state  the  nature  of  the  busi-  issuance  of 
ness  to  be  conducted,  the  name  and  principal  business  ad-  ration^of!etc' 
dress  in  the  commonwealth  of  the  applicant,  and,  if  a  firm 


1048  Acts,  1941.  — Chap,  691. 

or  association,  the  name  and  address  of  each  member  thereof, 
or,  if  a  corporation,  the  names  and  addresses  of  all  officers 
and  directors  thereof,  and  the  name  of  each  municipality  in 
which  business  is  to  be  conducted,  and  such  other  facts  with 
respect  to  the  business  of  the  applicant  as  may  be  required 
by  the  board.  Licenses  issued  hereunder  shall  expire  on 
June  thirtieth  in  each  year,  but  may  be  renewed  if  applica- 
tion is  made  therefor  on  or  before  June  fifteenth  in  such 
year.  Any  licensee  whose  application  for  renewal  is  made 
on  or  before  June  fifteenth  in  any  year  may  continue  to 
engage  in  the  milk  business  pending  the  action  of  the  board 
on  such  application.  Every  application  for  a  license  made 
by  a  person  other  than  a  Ucensee  shall  be  acted  upon  by  the 
board  within  thirty  days  after  its  receipt  thereof.  Every 
license  issued  under  any  provision  of  this  chapter  shall  state 
that  it  is  subject  to  this  chapter,  and  the  original  license  or 
a  certified  copy  thereof  shall  be  conspicuously  displayed  by 
the  licensee  in  each  place  of  business  conducted  by  him  in 
this  commonwealth, 
ft^^orucenses  Section  6.  The  board  may  decline  to  grant  or  renew  a 
grounds  for.  '  licensc,  Or  may  suspend  or  revoke  a  license  already  granted, 
or  may  grant  a  conditional  or  temporary  license,  upon  due 
notice  and  hearing  to  the  applicant  or  licensee;  except  that 
the  board  may  without  hearing  to  the  applicant  or  licensee, 
but  upon  due  notice,  cancel  a  conditional  license  for  breach 
of  a  condition  thereof,  or  may  decline  to  grant  or  renew  a 
license,  where  the  license  of  the  applicant  or  licensee  has 
been  refused  or  revoked  or  a  conditional  license  has  been 
issued  for  cause  within  the  same  or  the  next  preceding  license 
year.  The  board  may  decline  to  grant  or  renew  a  license  or 
may  suspend  or  revoke  a  license  already  granted,  or  grant 
a  conditional  license  upon  due  notice  and  hearing  to  the 
applicant  or  licensee,  when  it  is  satisfied  of  the  existence  of 
any  of  the  following  reasons :  — 

(1)  That  he  has  without  reasonable  cause  refused  to  ac- 
cept or  refused  to  pay  for  milk  purchased  or  received  by 
him  from  a  producer,  or  has  without  reasonable  cause  or 
without  reasonable  notice  refused  to  accept  or  to  pay  for 
milk  delivered  or  tendered  to  him  by  or  on  behalf  of  a  pro- 
ducer in  ordinary  continuance  of  a  previous  course  of  deal- 
ing, except  where  such  course  of  dealing  is  terminated  in 
accordance  with  an  express  contract  existing  between  the 
milk  dealer  and  such  producer  with  respect  to  the  time  and 
method  of  termination; 

(2)  That  in  any  instance  he  has  failed  without  reasonable 
cause  to  account  and  make  payment  when  due  for  milk  pur- 
chased or  received  by  him; 

(3)  That  he  has  committed  any  act  or  engaged  in  any 
course  of  conduct  tending  to  reduce  the  price  of  pure,  fresh 
milk  to  such  an  extent  as  to  interfere  with  the  supply  thereof 
produced  in  the  commonwealth,  which  supply  is  hereby  de- 
clared to  be  necessary  for  the  public  health,  public  welfare 
and  trade  and  commerce; 


Acts,  1941.  — Chap.  691.  1049 

(4)  That  he  has  engaged  in  a  course  of  action  which,  in 
the  opinion  of  the  board,  indicates  his  inability  or  unwilhng- 
ness  properly  to  conduct  the  business  of  a  milk  dealer; 

(5)  That  he  has  been,  or  is,  a  party  to  a  combination  to 
fix  or  maintain  prices  contrary  to  law; 

(6)  That  he  has  engaged  in  a  course  of  action  such  as  to 
satisfy  the  board  of  an  intent  on  his  part  to  deceive  or  de- 
fraud customers,  producers  or  consumers; 

(7)  That  he  has  failed  to  keep,  at  his  place  of  business 
within  the  commonwealth,  minimum  records  required  by 
order,  rule  or  regulation  of  the  board,  as  presently  or  pre- 
viously constituted,  or  has  failed  to  furnish  the  statements  or 
information  required  by  the  board  under  this  chapter  or 
required  legally  under  similar  provisions  of  earlier  law,  or 
has  kept  false  records,  or  furnished  false  statements  with 
respect  to  such  information; 

(8)  That  any  statement  made  by  him  in  reliance  upon 
which  to  any  degree,  his  license  as  a  milk  dealer  was  granted, 
renewed  or  restored,  was  false  or  fraudulent  in  any  material 
particular; 

(9)  That  such  applicant  or  licensee,  or  that  any  person 
owning  any  substantial  interest  in  or  having  any  power  or 
control  in  the  milk  business  conducted  or  to  be  conducted 
by  the  applicant  or  licensee,  or  that  any  person  formerly 
owning  any  such  interest  or  having  any  such  power  or  control 
in  a  milk  business  in  the  commonwealth,  who  is,  or  is  to  be, 
employed  by  the  applicant  or  hcensee  in  said  business,  has 
within  three  years  been  responsible,  in  whole  or  in  part,  for 
any  act  on  account  of  which  a  license  might  be  denied,  sus- 
pended or  revoked  pursuant  to  any  provision  of  this  chapter 
or  any  similar  provision  of  earlier  laws; 

(10)  That  the  bond  or  other  evidence  of  financial  responsi- 
bility required  of  an  applicant  is  unsatisfactory  to  the  board; 

(11)  That  he  knowingly  purchased,  received,  processed 
or  handled  milk,  excluding  cream,  for  sale  within  the  com- 
monwealth obtained  from  a  dairy  farm  or  has  knowingly 
purchased,  received,  processed,  or  handled  milk,  including 
cream,  for  sale  within  the  commonwealth  obtained  from  a 
dealer  not  registered  under  sections  sixteen  A  to  sixteen  G, 
inclusive,  of  chapter  ninety-four  or  from  a  dealer  not  licensed 
under  section  forty-one  of  said  chapter  or  from  an  operator 
of  a  milk  plant  or  manufactory  not  licensed  under  section 
forty-two  A  of  said  chapter,  or  sold  milk  to  or  processed  or 
handled  milk  for  a  dealer  not  so  registered,  or  not  so  licensed 
under  said  section  forty-one; 

(12)  That  he  knowingly  purchased,  received,  processed, 
sold  or  otherwise  handled  milk  within  the  commonwealth 
in  violation  of  any  of  the  applicable  laws,  or  of  the  rules, 
regulations  and  requirements  of  the  board;  or 

(13)  That  he  has  violated  any  provision  of  this  chapter 
or  of  similar  provisions  of  earlier  laws,  or  of  an  order,  rule  or 
regulation  of  the  board  made  under  authority  thereof  or  of 
section  nine  of  chapter  twenty. 


1050 


Acts,  1941.  — Chap.  691. 


Hearing  by 
board  on  sus- 
pension, etc. 


Jurisdiction 
of  superior 
court. 


Section  7.  (a)  Before  declining  to  grant  a  license  of  any 
tj^pe,  or  suspending  or  revoking  a  license,  the  board  shall 
hold  a  hearing  and  grant  the  applicant  or  licensee  an  oppor- 
tunity to  be  heard  in  person  or  by  attorney.  A  duly  attested 
copy  of  the  order  of  the  board  upon  such  hearing  shall  be 
served  upon  the  applicant  or  the  licensee  in  the  manner  pro- 
vided by  section  nineteen. 

(b)  Any  licensee  whose  license  has  been  revoked  or  can- 
celled shall  upon  notice  thereof  forthwith  deliver  and  return 
said  license  to  any  member  of  the  board,  or  to  any  authorized 
representative  of  the  board  or  to  the  director  or  at  the  offices 
of  the  board. 

Section  8.  An  applicant  or  licensee  aggrieved  by  any 
decision  of  the  board  may  appeal  therefrom  by  filing  a  peti- 
tion in  the  superior  court  within  twenty  days  after  notice  of 
such  decision  has  been  given  under  section  nineteen.  Upon 
such  appeal,  said  court  may  revise  or  reverse  such  decision 
if  such  action,  in  its  opinion,  is  warranted  by  the  evidence. 


Fee  for 
license. 

Payment, 
how  made. 


LICENSE    FEES   AND   ASSESSMENTS. 

Section  9.  (a)  Each  milk  dealer  required  to  be  licensed 
under  this  chapter  shall  annually  pay  a  license  fee,  in  an 
amount  to  be  from  time  to  time  determined  by  the  board, 
but  not  more  than  five  dollars,  and  each  such  milk  dealer, 
other  than  one  who  is  also  a  producer  selling  to  consumers 
not  more  than  fifty  quarts  of  milk  daily,  shall,  on  or  before 
the  tenth  day  of  each  month,  pay  to  the  board,  for  the  month 
immediately  preceding,  such  an  amount  as  the  board  deems 
equitable  for  the  market  or  markets  involved,  equivalent 
to  not  more  than  two  cents  per  hundredweight  of  the  milk 
which  the  milk  dealer  during  such  month  (1)  pasteurized, 
processed,  or  bottled  or  otherwise  packaged  for  sale,  and 
sold  or  distributed,  or  (2)  sold  or  distributed  to  persons  other 
than  milk  dealers  not  eligible  for  exemption  under  subsection 
(6)  of  section  four  in  any  market  or  markets  within  the  com- 
monwealth, irrespective  of  where  such  milk  was  produced, 
or  upon  such  portion  thereof  as  the  board  bj^  order,  rule  or 
regulation  determines  to  be  equitable. 

(&)  One  half  of  any  such  payment  made  by  any  milk 
dealer  on  or  before  the  tenth  day  of  the  month  in  which 
such  payment  is  due,  on  account  of  milk  sold  or  distributed 
by  him  in  the  highest  use  classification  from  time  to  time 
determined  by  the  board  for  such  market  or  markets,  may 
be  deducted  rateablj^  by  him  from  amounts  due  from  him 
to  producers  for  such  milk. 

(c)  In  case  the  same  milk  is  handled  by  more  than  one 
milk  dealer,  the  first  dealer  within  the  commonwealth 
dealing  in  or  handling  said  milk  in  either  manner  described 
in  subsection  (a),  shall  be  deemed  to  be  the  milk  dealer 
within  the  meaning  of  this  section.  This  section  shall  be 
construed  as  applying  to  sales  organizations,  co-operative 
agents,  producers  and  milk  dealers  for  the  sale  or  distribu- 


Acts,  1941.  — Chap.  691.  1051 

tion  of  milk  in  any  form,  other  than  a  common  carrier  or 
contract  carrier  who  performs  in  connection  with  such 
milk  no  act  within  the  commonwealth  other  than  the  trans- 
portation thereof. 

(d)  Any  reference  in  this  section  to  any  quantity  of  milk 
shall  be  construed  to  include  its  whole  milk  equivalent. 


PRICES,    TERMS   AND    CONDITIONS. 

Public  Interest  and  Reasonable  Return. 

Section  10.    The  board  shall  ascertain,  by  such  examina-  Minimum 
tion  or  investigation  as  the  situation  may  permit  or  war-  ni7i'jf*h°^ 
rant,  and  after  a  general  public  hearing  held  after  due  notice,  determined. 
what  prices,  terms  and  conditions  relative  to  milk  in  the  PubUc  hear- 
several  localities  and  markets  in  the  commonwealth,  under  '"^'  ^^''' 
the  varying  conditions  therein,  will  be  most  beneficial  to 
the  public  interest  and  will  best  protect  the  milk  industry. 

In  every  such  examination  or  investigation  and  hearing, 
the  board  shall  take  into  consideration  all  the  conditions 
affecting  the  milk  industry,  including  the  amount  necessary 
to  yield  a  reasonable  return  to  the  producer  and  to  the  milk 
dealer.  In  estabhshing  minimum  prices  for  milk  under 
this  chapter  the  board  shall  cause  said  prices  to  be  fair, 
just  and  reasonable,  and,  to  accomplish  that  end,  shall  take 
into  consideration  and  be  guided  by  costs  of  production, 
hauling,  handling,  processing,  storage,  distribution  and  other 
cost  factors  involved  in  the  production  and  marketing 
of  milk,  including  compliance  with  all  sanitary  regulations, 
and  shall  consider  the  balance  between  the  supply  of  milk 
and  the  consumption  of  the  same,  the  purchasing  power  of 
consumers  as  evidenced  by  available  indices  of  income  and 
general  business  and  industrial  activity,  and  other  economic 
conditions  affecting  the  milk  supply  and  demand  for  milk 
and  shall  consider  the  prices  for  milk  in  the  different  mar- 
kets of  the  commonwealth  which  will  best  protect  the  milk 
industry  in  the  commonwealth  and  insure  a  supply  of  pure, 
fresh  milk  adequate  to  cover  consumer  needs. 


MINIMUM    PRICES   TO    PRODUCERS. 

Section  11.  (a)  The  board,  after  making  an  examination  B9ardtofix 
and  investigation  authorized  by  this  chapter,  and  after  hear-  p"ices!'^"* 
ing  held  after  due  notice,  shall  by  its  order  fix  the  minimum 
prices  to  be  paid  by  milk  dealers  to  other  milk  dealers,  and 
to  producers  and  consumers  for  milk  received,  purchased, 
stored,  manufactured,  processed,  sold,  distributed  or  other- 
wise handled  within  the  commonwealth,  and  the  terms  and 
conditions  under  and  times  at  which  such  prices  are  to  be 
paid. 

(6)  Orders  relative  to  such  minimum  prices  shall  apply  to  Price  applicable 
the  locality  in  which  the  milk  in  question  is  produced  or  to  whwe'^m^ik 
the  market  in  which  such  milk  is  sold,  or  to  both,  and  may  sold. 


1052 


Acts,  1941.  — Chap.  691. 


Classification, 
etc.,  of  grades 
of  milk. 


Sharing  of 
value  between 
milk  dealers, 
etc.,  and 
producers. 


Petition  to 
establish 
minimum 
prices. 


vary  in  different  localities  or  markets  according  to  the  vary- 
ing and  differing  conditions  therein.  Any  such  order  may 
classify  such  milk  by  such  forms,  classes,  grades  or  uses  as 
the  board  may  deem  advisable  and  may  specify  the  mini- 
mum prices  therefor,  and  may  require  that  producers  of 
milk  purchased  or  received  under  such  provisions  shall  be 
paid  for  all  such  milk  on  the  basis  of  the  class,  grade  or  use 
in  which  it  is  ultimately  sold  by  milk  dealers. 

(c)  Each  such  order  may  provide  rules  and  regulations 
for  the  sharing  of  the  value  of  milk  sold,  used  or  disposed  of 
in  each  class,  grade  or  use,  between  milk  dealers  who  are 
also  producers,  and  the  producers  from  whom  milk  is  received 
or  purchased  by  such  dealers,  in  proportion,  to  their  respec- 
tive deliveries  of  milk. 

Section  12.  Upon  petition  in  writing,  with  an  affidavit 
that  it  is  signed  by  not  less  than  fifty-one  per  cent  of  the 
Massachusetts  producers  who,  during  the  month  of  April  in 
the  license  year  next  preceding  that  in  which  such  petition 
is  filed,  delivered  milk  for  sale  or  distribution  as  fluid  milk 
in  any  market,  requesting  the  board  to  establish  minimum 
prices,  wholesale  or  retail,  or  both,  for  milk  for  such  market, 
and  if,  upon  making  such  examination  and  investigation  as 
is  authorized  by  this  chapter,  and  after  public  hearing  held 
after  due  notice,  the  board  finds  at  the  close  of  such  hearing 
that  such  petition  is  signed  by  not  less  than  fifty-one  per 
cent  of  such  producers  who,  during  said  month  or  such  sub- 
sequent month  as  the  board  may  find  is  a  more  representa- 
tive period,  delivered  milk  for  sale  or  distribution  as  fluid 
milk  in  said  market,  that  the  price  to  the  producer  estab- 
lished under  authority  of  this  chapter  or  by  any  agreement, 
license,  regulation  or  order  made  or  issued  pursuant  to  any 
federal  law,  cannot  otherwise  be  maintained,  and  that  the 
maintenance  of  such  price  is  necessary  in  order  to  ensure  a 
regular,  continuous  and  adequate  supply  of  fresh,  pure  milk 
sufl^icient  to  meet  the  requirements  of  said  market  and  to  pro- 
tect the  public  health  therein,  the  board  may  declare,  subject 
to  approval  of  the  milk  regulation  board,  that  a  state  of  emer- 
gency exists.  The  board  may  thereon  issue  such  orders, 
rules  and  regulations  as  may  be  necessary,  including  the 
fixing  by  official  order  of  minimum  wholesale  or  retail  prices, 
or  both,  for  milk  sold  within  the  market  affected,  irrespective 
of  where  such  milk  is  produced.  The  board  may  in  like 
manner  at  any  time  alter,  revise,  amend  or  rescind  the  prices 
so  fixed.  Any  such  action  shall  be  reviewed  by  the  board  at 
least  once  in  each  year,  or  at  any  time  on  the  order  of  the 
governor  or  on  the  request  of  the  milk  regulation  board. 
Due  notice  shall  be  given  of  any  such  review.  Every  price 
fixed  pursuant  to  this  section,  and  any  alteration,  revision 
or  amendment  thereof,  shall  be  fair,  just  and  reasonable  and 
shall  be  published  as  provided  in  section  twenty-two. 


Acts,  1941.  — Chap.  691.  1053 


ENTRY,    INSPECTION   OF   RECORDS   AND    REPORTS. 

Section  13.  (a)  For  the  purpose  of  administering  this  Entry  on 
chapter,  any  member  of  the  board,  the  director,  or  any  em-  fng^lftk.n°etc. 
ployee  or  other  representative  designated  by  the  board  or 
by  him  for  the  purpose,  may  enter,  at  all  reasonable  hours, 
every  place  where  milk  is  being  produced,  stored,  bottled  or 
otherwise  packaged,  processed,  sold  or  otherwise  handled 
for  sale  or  distribution.  Any  such  person  may  also,  at  all 
reasonable  hours,  inspect  and  verify  by  reference  to  the 
actual  operations  and  transactions  all  books  and  records 
relating  to  milk  in  any  place  within  the  commonwealth  for 
the  purpose  of  ascertaining  facts  required  for  proper  admin- 
istration of  this  chapter. 

(6)  All  milk  dealers  required  to  be  licensed  under  this  Licensees  to 
chapter,  their  affiliates  and  subsidiaries,  shall  from  time  to  M^atfon^"^ 
time  furnish  to  the  director  such  information  as  the  board  <■»  director. 
may  by  order,  rule  or  regulation  require,  upon  and  in  con- 
formity to  forms  or  reports  approved  by  the  board  and 
supplied  by  the  director,  for  the  purpose  of  enabling  the 
director  to  administer  and  enforce  this  chapter  and  the 
orders,  rules  and  regulations  made  by  the  board  thereunder. 
All  such  reports  shall  be  on  oath  or  made  under  the  penalties 
of  perjury. 

(c)  Each  milk  dealer  required  to  be  licensed  under  this  Miik  dealers 
chapter  shall  permit  any  member  of  the  board,  the  director,  ent?yTn* 
or  any  employee  or  other  representative  designated  for  the  ^f^^^^^^^r 
purpose  by  the  board  or  by  him,  at  all  reasonable  hours,  to  board. 
enter  any  place  occupied  or  controlled  by  such  milk  dealer 
where  milk  is  produced,  stored,  bottled  or  otherwise  pack- 
aged,  pasteurized,   processed,   sold   or   otherwise   handled. 
Each  such  dealer  shall  at  all  reasonable  hours  identify  and 
make  available  to  any  such  person  all  books  and  records 
relating  to  milk  or  to  such  milk  dealer's  business  which  are 
in  his  possession  or  custody  or  under  his  control,  and  permit 
such  person  to  inspect  and  verify  the  same  as  provided  in 
subsection  (a). 

{d)  The  information  obtained  by  any  inspection  author-  information 
ized  or  reports  required  by  this  chapter  or  by  similar  provi-  rns^peetlon,^ 
sions  of  earUer  law  shall  be  treated  as  confidential  and  shall  ponfiden'ttai. 
not  be  disclosed  by  any  person  except  as  may  be  required 
in  the  proper  administration  of  this  chapter;  provided,  that 
the  board  may  use  such  information  together  with  other 
similar  information,  for  compilation  and  pubfication  of  sta- 
tistics of  the  milk  industry  in  this  commonwealth.     Such 
statistics  shall  not  contain  the  name  of,  or  disclose,  by  in- 
ference or  otherwise,  information  obtained  from  the  books 
and  records  of  any  milk  dealer. 

CERTAIN   TRANSACTIONS    PROHIBITED. 

Section  IJ,..     (a)  No  milk  dealer  shall  distribute  or  sell  beiow  a^'^ 
in  any  market  within  the  commonwealth  milk  obtained  pricrpro- 

nibited. 


1054 


Acts,  1941.— Chap.  691. 


Same  subject. 


Discounts, 
rebates,  etc., 
prohibited. 


Same  subject. 


from  a  producer  or  from  another  milk  dealer  if  such  milk  was 
acquired  from  the  producer  within  the  commonwealth  at  a 
cost  less  than  the  price  fixed  by  the  board  to  be  paid  for 
milk  so  acquired  and  distributed. 

(6)  Any  sale  within  the  commonwealth,  by  any  milk 
dealer  licensed  or  required  to  be  licensed  under  this  chap- 
ter, of  any  milk  produced  within  the  commonwealth  or  re- 
ceived from  any  other  source,  at  a  price  less  than  the  mini- 
mum price  fixed  by  the  board  for  such  milk  shall  be  a 
violation  of  this  chapter. 

(c)  After  the  board  shall  have  fixed  the  price  to  be  charged 
or  paid  for  milk,  whether  by  form,  class,  grade  or  use,  no 
milk  dealer  shall  purchase,  receive,  sell  or  distribute  or  offer 
to  purchase,  receive,  sell  or  distribute  milk  at  any  price 
less  than  such  price  as  shall  have  been  made  applicable  to 
the  particular  transaction;  and  no  method  or  device  shall 
be  lawful  whereby  milk  is  purchased,  received,  sold  or  dis- 
tributed, or  offered  to  be  purchased,  received,  sold  or 
distributed,  at  a  price  less  than  such  price  whether  by  dis- 
count, rebate,  free  service,  advertising  allowance,  or  by  a 
combined  price  for  such  milk  together  with  another  com- 
modity or  service,  as  a  result  of  which  the  total  price  for  the 
milk  and  such  other  commodity  or  service  is  less  than  the 
aggregate  of  the  prices  for  the  same  when  sold  or  offered 
for  sale  or  performed  separately,  or  otherwise. 

(d)  No  person  shall  sell  within  the  commonwealth  any 
milk,  or  render  any  service  in  connection  with  the  sale  or 
distribution  of  milk,  at  a  price  less  than  the  cost  of  such 
milk  or  service,  including,  in  the  case  of  milk  sold,  the 
original  purchase  price  thereof,  and  in  every  instance  all 
regular  direct  or  indirect  elements  of  cost  of  service,  physi- 
cal handhng  and  financial  investment  in  the  milk  in  ques- 
tion. No  milk  dealer  shall  use  any  method  or  device, 
whether  by  discount  or  rebate,  free  service,  advertising  al- 
lowance, or  by  a  combined  price  for  such  milk  together 
with  another  commodity  or  service,  as  a  result  of  which 
the  total  price  for  the  milk  and  other  commodity  or  service 
is  less  than  the  aggregate  of  the  prices  for  the  same  when 
sold  or  offered  for  sale  or  performed  separately,  or  other- 
wise. In  the  case  of  any  person  effecting  sales  of  milk  which 
has  not  been  purchased,  there  shall  be  included  as  a  part 
of  the  cost  of  such  milk,  in  lieu  of  the  original  purchase 
price  thereof,  an  amount  equal  to  the  purchase  price  which 
would  have  been  payable  under  this  chapter  or  under  similar 
provisions  of  earlier  law  and  the  orders,  rules  and  regula- 
tions of  the  board  made  thereunder,  if  such  person  had  pur- 
chased such  milk  within  the  commonwealth. 


CO-OPERATIVE   ASSOCIATIONS. 

Saie^of  milk  SecHon  15.    (a)  No  sale  of  milk  by  a  co-operative  associa- 

associations.      tiou  to  a  milk  dealer  in  any  market  shall  be  made  at  less 

than  the  applicable  minimum  prices,  terms  and  conditions 


Acts,  1941.  — Chap.  691.  1055 

of  sale  as  set  forth  in  the  orders  of  the  board  for  milk  bought 
directly  from  producers  who  are  non-members  of  a  co- 
operative association. 

(6)  When  the  net  return  to  be  made  for  milk  by  a  co- 
operative association  to  its  members  is  below  the  net  appli- 
cable return  for  milk  as  fixed  by  the  orders  of  the  board  for  a 
non-member  of  a  co-operative  association,  said  co-operative 
association  shall  submit  in  writing  to  the  board  a  full  and 
complete  statement  in  detail,  setting  forth  the  amount  of  the 
deductions  which  have  been  made  from  the  fixed  minimum 
prices  of  the  board  and,  in  addition,  a  detailed  statement  of 
such  deductions  shall  accompany  every  such  payment  to 
the  member. 

PROCEDURE. 

Section  16.     (a)  The  board,  or  any  member  or  authorized  bXTe'^mUk 
agent  thereof,  including  the  director,  may  hold  any  exami-  control  board. 
nation  or  investigation,  or  any  general  or  special  hearing 
required  or  authorized  under  this  chapter,  at  such  places 
and  at  such  times  as  the  board  deems  necessary  for  the 
proper  administration  of  this  chapter. 

(b)  Before  adopting,  altering  or  rescinding  any  general 
order,  rule  or  regulation,  the  board  shall  hold  a  general  hear- 
ing upon  the  subject  matter  thereof,  and  afford  all  persons 
interested  an  opportunity  to  offer  evidence  pertinent  thereto. 

(c)  Before  decHning  to  grant  a  license,  or  granting  a 
conditional  or  limited  license,  or  suspending  or  revoking  a 
license,  or  adopting  any  other  special  order,  rule  or  regula- 
tion applying  only  to  one  or  more  persons  named  therein, 
the  board  shall  hold  a  special  hearing,  and  afford  to  the 
applicant  or  licensee,  or  such  person  or  persons,  opportunity 
to  appear  and  be  heard  with  respect  thereto. 

Each  such  applicant,  milk  dealer  or  person  may  be  so 
heard  in  person  or  by  attorney,  and  may  offer  evidence  per- 
tinent to  the  subject  of  the  hearing,  and  to  that  end  may 
request  the  board  to  exercise  its  powers  with  respect  to  the 
compulsory  attendance  of  witnesses  and  the  production  of 
books  and  records. 

Section  17.     (a)  Seven  days  at  least  before  any  general  Notice  of  hear- 
hearing,  the  board  shall  cause  a  notice  containing  a  brief  reguiatio^'ns. 
but  sufficient  statement  of  the  subject  matter  of  such  hear-  ^^'^■ 
ing  to  be  published  as  provided  in  subsection  (a)  of  section 
nineteen. 

(6)  Three  days  at  least  before  any  general  order,  rule  or 
regulation  adopted  by  the  board  shall  become  effective, 
such  order  shall  be  pubHshed  as  provided  in  subsection  (a) 
of  section  nineteen. 

(c)  Three  days  at  least  before  any  special  hearing,  the 
board  shall  cause  a  notice  containing  a  brief  but  sufficient 
statement  of  the  acts,  facts  or  circumstances  alleged  to  con- 
stitute reason  for  denial,  suspension  or  revocation  of  license, 
or  for  adoption  of  any  other  special  order,  rule  or  reg- 
ulation applying  only  to  one  or  more  persons  named  therein, 


1056 


Acts,  1941.  — Chap.  691. 


Powers  of 
board  to  sum- 
mons wit- 
nesses, etc. 


and  specifying  the  time  and  place  of  such  hearing,  to  be 
served  upon  the  applicant,  licensee  or  other  person  or  per- 
sons concerned,  in  a  manner  provided  in  subsection  (c)  of 
section  nineteen. 

(d)  Three  days  at  least  before  any  special  order,  rule  or 
regulation  applying  only  to  one  or  more  persons  named 
therein  shall  become  effective,  such  order,  mle  or  regulation 
shall  be  served  on  such  person  or  persons  in  a  manner  pro- 
vided in  subsection  (c)  of  section  nineteen. 

(e)  Except  as  otherwise  expressly  provided,  three  days' 
notice  shall  constitute  reasonable  notice  of  any  action  by, 
or  in  any  proceedings  had  before,  the  board.  In  computing 
a  period  of  notice  required  or  authorized  under  this  chapter, 
Sundays  and  legal  holidays  shall  be  excluded. 

Section  18.  (a)  The  board  may  compel  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books  and 
records  or  any  other  evidence  that  relates  to  the  subject 
matter  of  any  examination,  investigation  or  hearing  held 
under  authority  of  this  chapter  or  of  similar  provisions  of 
earlier  law.  Any  member  of  the  board,  or  the  director  or 
any  hearing  agent  designated  by  the  board,  or  any  employee 
designated  by  the  board  as  clerk  or  as  an  assistant  clerk  of 
the  board,  may  administer  oaths  to  any  witness  at  any 
examination,  investigation  or  hearing  held  under  authority 
of  this  chapter  or  of  similar,  provisions  of  earlier  law.  Any 
subpoena  issued  by  the  board  may  require  such  attendance 
of  witnesses  and  the  production  of  evidence  from  any  place 
within  the  commonwealth,  at  any  designated  place  of  hear- 
ing, and  may  be  served  in  any  manner  provided  in  subsec- 
tion (c)  of  section  nineteen. 

(6)  In  case  of  contumacy  or  refusal  to  obey  a  subpoena 
issued  to  any  person,  the  superior  court,  upon  application  b}^ 
the  board,  shall  have  jurisdiction  to  issue  an  order  requiring 
such  person  to  appear  before  the  board,  its  member  or  agent, 
including  the  director,  to  produce  evidence,  if  so  ordered, 
or  to  give  testimony  touching  the  matter  under  investiga- 
tion or  in  question;  and  any  failure  to  obey  such  order  of 
the  court  may  be  punished  by  said  court  as  a  contempt 
thereof. 

(c)  No  person  shall  be  excused  from  attending  and  testi- 
fying or  from  producing  books  and  records  or  otjier  evidence 
in  obedience  to  the  subpoena  of  the  board,  on  the  ground 
that  the  testimony  or  evidence  required  of  him  may  tend  to 
incriminate  him  or  subject  him  to  a  penalty  or  forfeiture; 
but  no  individual  shall  be  prosecuted  or  subjected  to  any 
penalty  or  forfeiture  for  or  on  account  of  any  transaction, 
matter  or  thing  concerning  which  he  is  compelled,  after  hav- 
ing claimed  his  privilege  against  self-incrimination,  to  testify 
or  produce  evidence,  except  that  such  individual  so  testify- 
ing shall  not  be  e.xempt  from  prosecution ,  and  punishment 
for  perjury  committed  in  so  testifying. 

{d)  Witnesses  summoned  before  the  boai'd,  its  member  or 
agent,  including  the  director,  shall  be  paid  the  same  fees  and 


Acts,  1941.— Chap.  691.  1057 

mileage  as  witnesses  before  the  courts,  and  witnesses  whose 
depositions  are  taken  and  the  persons  taking  the  same  shall 
severally  be  entitled  to  the  same  fees  as  are  paid  for  like 
service  in  the  courts. 

Section  19.  (a)  Each  notice  of  a  general  hearing  and  each  Notice  of  hear- 
general  order,  rule  or  regulation  adopted  by  the  board,  shall  publication  of. 
be  published  by  .     .  .       .  to  whom 

(1)  Posting  a  copy  thereof  for  public  inspection  in  the  gi'^en- 
main  office  of  the  board; 

(2)  Mailing  a  copy  thereof,  postage  prepaid,  addressed  to 
each  licensee  deemed  b}^  the  board  to  be  affected  thereby  at 
his  principal  business  address  in  the  commonwealth  as  ap- 
pearing in  the  records  of  the  board,  and  to  the  clerk  of  each 
city  and  town,  and  to  the  county  agricultural  agent,  if  any, 
of  each  county,  deemed  by  the  board  to  be  affected  thereby; 

(3)  Mailing  a  copy  thereof,  postage  prepaid,  addressed 
to  each  person  who  has  filed  with  the  board  a  written  re- 
quest, upon  a  form  approved  by  the  board  and  supplied  by 
the  director,  that  a  copy  of  each  notice  of  general  hearing 
and  of  each  general  order,  rule  or  regulation  affecting  a 
specified  market  or  markets  be  mailed  to  him  at  an  address 
given  in  such  form  of  request;  and 

(4)  Mailing,  postage  postpaid,  or  delivering  a  copy  thereof, 
and  in  the  case  of  an  order,  rule  or  regulation,  a  copy  of  a 
release  relative  thereto,  to:  state  house  press  room,  state 
house  news  service,  any  news  reporting  service  which  has 
filed  with  the  board  written  request  for  a  copy  of  each  notice 
of  general  hearing  and  general  order,  rule  or  regulation 
issued  by  the  board,  and  such  other  newspaper  or  news- 
papers published  or  circulating  in  the  market  or  markets 
affected  as  in  the  judgment  of  the  board  will  afford  sufficient 
notice  and  publicity  thereof;  and 

(5)  In  the  case  of  each  notice  of  general  hearing,  also  by 
advertisement  in  such  newspaper  or  newspapers  as,  in  the 
judgment  of  the  board,  will  afford  sufficient  notice  to  the 
public  thereof. 

(b)  A  general  order,  rule  or  regulation  duly  adopted  by  Certification 
the  board,  posted  and  published  as  provided  by  subsec-  by°s'eCTetary  ' 
tion  (a)  of  this  section  shall,  upon  being  filed  with  the  state  of  state. 
secretary  as  required  by  section  thirty-seven  of  chapter 

thirty,  have  the  force  and  effect  of  law.  A  copy  of  any 
such  general  order,  rule  or  regulation  certified  by  the  state 
secretary  to  have  been  filed  in  his  office  shall  be  received  in 
proceedings  before  any  court  or  before  the  board  as  prima 
facie  evidence  that  such  order,  rule  or  regulation  was  duly 
adopted,  posted,  published  and  filed  as  required  by  law. 

(c)  Each  notice  of  a  special  hearing,  each  subpoena  and  ^T'^^^^^^ 
each  special  order,  rule  or  regulation  applying  only  to  one 

or  more  persons  named  therein,  issued  by  the  board,  shall  be 
served  on  the  person  or  persons  affected,  by 

(1)  Mailing  by  registered  mail,  postage  prepaid,  an  at- 
tested copy  thereof  addressed  to  each  applicant  or  licensee 
affected,  at  his  principal  business  address  in  the  common- 


1058 


Acts,  1941. —  Chap.  691. 


Service  of 
attested  copies. 


Signing  of 
orders,  notices, 
etc. 


wealth  as  appearing  in  the  records  of  the  board,  and  to 
each  other  person  affected  thereby  at  his  last  known  ad- 
dress; or 

(2)  Delivering  such  a  copy  in  hand  to,  or  leaving  such  a 
copy  at  the  last  and  usual  place  of  abode  in  the  common- 
wealth of,  each  individual  affected  thereby,  and,  in  the 
case  of  service  of  a  notice  or  special  order,  rule  or  regulation 
on  a  corporation,  by  delivering  such  a  copy  to  the  president, 
treasurer,  clerk,  cashier,  secretary,  agent  or  other  officer 
in  charge  of  its  business,  or,  if  no  such  officer  is  found,  by 
leaving  such  a  copy  at  its  principal  office  or  place  of  busi- 
ness within  the  commonwealth. 

(d)  Service  by  delivery  of  an  attested  copy  pursuant  to 
subsection  (c)  of  this  section  may  be  made  by  any  employee 
of  the  board,  including  the  director,  at  any  place  within  the 
commonwealth,  or  by  any  constable  or  other  officer  author- 
ized to  serve  civil  process  at  the  place  of  delivery,  or,  in  the 
case  of  a  subpoena,  by  any  disinterested  person.  The  veri- 
fied return  by  the  individual  delivering  any  such  copy 
setting  forth  the  manner  of  such  service,  or  the  return  post 
office  receipt  therefor  when  mailed  by  registered  mail,  shall 
be  proof  of  service  of  the  same. 

Section  20.  Each  order,  rule  or  regulation  adopted  by  the 
board  shall  be  signed  by  at  least  two  members  of  the  board. 
A  notice  of  general  hearing  may  be  signed  by  any  member 
of  the  board.  A  notice  of  special  hearing  may  be  signed  by, 
and  a  copy  of  any  order,  rule  or  regulation,  or  of  any  notice 
of  general  or  special  hearing  may,  where  attestation  is  re- 
quired, be  attested  by,  any  member  of  the  board,  or  by  an 
employee  designated  by  the  board  as  clerk  of  the  board  or 
as  an  assistant  clerk  of  the  board. 


Review  of  pro- 
ceedings by 
superior  court. 


REVIEW. 

Section  21.  Any  person  aggrieved  by  any  order,  rule  or 
regulation  adopted  by,  or  other  decision  of,  the  board  may, 
by  petition  filed  within  twenty  days  after  the  publication 
or  service  of  such  order,  rule,  regulation  or  decision,  obtain 
a  review  by  the  superior  court  of  the  proceedings  of  the 
board  on  which  such  order,  rule,  regulation  or  decision  was 
based.  A  copy  of  such  petition,  attested  by  the  clerk  of  the 
court,  shall  be  forthwith  served  upon  the  board.  The  peti- 
tioner shall  file  in  the  court  a  transcript  of  the  entire  record 
in  the  proceedings,  certified  by  the  board,  including  the 
notice,  the  testimony  received  and  the  findings  and  order 
or  decision  of  the  board.  The  findings  of  the  board  as  to  the 
facts,  if  supported  by  evidence,  shall  be  conclusive.  No 
objection  not  urged  before  the  board  shall  be  considered 
in  review.  The  court  may,  in  its  discretion,  remit  the  record 
to  the  board  for  the  correction  of  errors  or  for  the  taking  of 
additional  evidence.  The  court  may  make  such  findings  as 
are  warranted  by  all  the  evidence.  Prior  to  the  entry  of  a 
decree  of  revision  or  reversal,  no  order  shall  be  made  to  stay 


Acts,  1941.  — Chap.  691.  1059 

or  supersede  any  order,  rule,  regulation  or  decision  of  the 
board,  nor  shall  any  court  in  any  proceeding  restrain  or 
enjoin  the  board  or  restrain  or  enjoin  enforcement  of  an 
order,  rule,  regulation  or  decision  adopted  by  the  board, 
except  after  a  hearing  of  which  the  board  shall  have  received 
not  less  than  two  days'  notice  in  writing. 


PENALTIES. 

Section  22.  Whoever  violates  any  provision  of  this  chap-  Penalties, 
ter  or  of  any  rule,  regulation  or  order  of  the  board  made 
thereunder,  except  as  herein  otherwise  expressly  provided, 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  or  by  imprisonment  for  not  more  than  one  year,  or 
both,  and  such  fine  may  be  imposed  for  each  day  during 
which  such  violation  shall  continue.  A  violation  of  any 
provision  of  this  chapter  or  of  similar  provisions  of  earlier 
law  may  be  reported  by  any  person  to  the  director,  who 
shall  investigate  such  complaint  and  may  institute  such 
action  at  law  or  in  equity  in  any  court  of  competent  juris- 
diction as  may  be  necessary  to  enforce  compliance  with  any 
provision  of  this  chapter  or  of  similar  provisions  of  earlier 
law  or  any  rule,  regulation  or  order  of  the  board  made 
thereunder. 

CO-OPERATION  WITH  OTHER  STATES  AND  THE  UNITED  STATES. 

Section  23.  When  any  agreement,  license,  rule,  regula-  conflicts  with 
tion  or  order  made  or  issued  pursuant  to  any  relevant  federal  [egSated!^ 
law  shall  be  in  effect  in  any  market  or  geographical  area 
within  the  commonwealth,  any  provision  of  this  chapter, 
inconsistent  or  in  conflict  with  such  agreement,  license,  rule, 
regulation  or  order,  shall  not  apply  to  such  market  or  area; 
but,  subject  to  the  foregoing,  this  chapter  shall  be  in  effect 
throughout  the  commonwealth,  including  every  such  mar- 
ket and  area. 

Section  21^.     (a)  The  board  may  confer  with  legally  con-  co-operation 
stituted  authorities  of  other  states  and  of  the  United  States  gt'ateFand'* 
with  respect  to  uniform  milk  control  within  and  among  with  other 
such  states;    may  join  in  conducting  joint  investigations,  ^  ^  ^^' 
holding  joint  hearings  and  issuing  joint  or  concurrent  orders; 
and  may  enter  into  one  or  more  compacts  for  such  uniform 
milk  control,  subject  to  such  federal  approval  as  may  be 
authorized  or  required  by  law. 

(6)  In  order  to  promote  such  uniform  milk  control  with  Promotion 
respect  to  milk  delivered  for  sale,  distribution  or  use  in  any  muTionuoi. 
market  located  partly  or  wholly  in  this  or  any  other  state, 
the  milk  supply  of  which  is  at  the  time  drawn  in  part  from 
this  commonwealth  and  in  part  from  any  other  state,  the 
board,  after  examination  and  investigation  and  after  hearing 
held  after  due  notice,  may,  if  it  finds  that  such  action  is 
beneficial  to  the  public  interest  and  will  promote  one  or 
more  of  the  purposes  of  this  chapter,  join,  in  fixing,  or  fix, 


1060  Acts,  1941.  — Chap.  691. 

by  such  joint  or  concurrent  and  complementary  order  mini- 
mum prices  to  be  paid  by  milk  dealers  to  other  milk  dealers, 
producers  or  other  persons  for  milk  purchased,  received, 
pasteurized,  bottled  or  otherwise  packaged,  processed,  or 
otherwise  handled  within  the  commonwealth  for  sale,  dis- 
tribution or  disposal  in  any  such  market  or  natural  mar- 
keting area;  and  may,  if  it  finds  such  action  beneficial  to 
the  public  interest,  in  or  in  connection  with  any  such  order, 
include  or  adopt :  — 

(1)  Any  provision,  term  or  condition  which  the  board  is 
by  any  other  provision  of  this  chapter  empowered  to  include 
or  adopt  with  reference  to  milk  similarl}^  purchased,  received, 
pasteurized,  bottled  or  otherwise  packaged,  processed,  or 
otherwise  handled,  for  sale,  distribution  or  disposal  in  a 
market  located  in  and  drawing  its  milk  supply  wholly  from 
within  the  commonwealth. 

(2)  Provisions  whereby  the  board  may  join  in  the  ap- 
pointment of  a  joint  market  administrator  or  other  joint 
agency,  and  defining  his  or  its  powers  and  duties  which 
shall  include  only  the  following  powers: 

(i)  To  administer  such  joint  order  or  concurrent  and  com- 
plementary^ orders,  in  accordance  with  its  or  their  terms  and 
provisions ; 

(ii)  To  make  rules  and  regulations  to  effectuate  said  terms 
and  provisions; 

(iii)  To  receive,  investigate  and  report  complaints  of  vio- 
lations of  said  order  or  orders ;  and 

(3)  Provisions  that  each  milk  dealer  subject  to  such 
order  or  orders  shall  pay  to  said  joint  market  administrator 
or  other  agency  such  handler's  pro  rata  share,  as  approved 
by  the  board,  of  such  expenses  as  the  board  finds  will  be 
necessarily  incurred  by  such  administrator  or  agency  in 
administering  said  order  or  orders. 

(4)  Provisions  for  the  joint  calculation  and  announce- 
ment of 

(i)  Basic  production  averages  for  all  producers  deliver- 
ing milk  for  sale  or  distribution  as  fluid  milk  in  said  market ; 
(ii)  A  common  uniform  price  for  all  milk  delivered  to  all 
milk  dealers  selling  or  distributing,  or  otherwise  handling, 
milk  in  said  market,  or  common  uniform  prices  for  all  milk 
delivered  by  producers  to  each  such  milk  dealer;  subject 
in  either  case  to  adjustments  for  grade,  qualit}^  test  or  loca- 
tion, or  to  a  further  adjustment  to  make  uniform  the  returns 
to  all  such  producers  for  milk  delivered  within  their  basic 
production  averages. 
Purpose  (c)  The  purpose  of  this  section  is  to  promote  co-operation 

"' """'""  with  the  legally  constituted  authorities  of  other  states  and 

of  the  United  States  with  respect  to  uniform  milk  control. 
This  section  and  the  orders,  rules  and  regulations  of  the 
board  issued  under  authority  thereof  sliall  be  interpreted 
and  construed,  together  with  any  joint  or  concurrent  and 
complementary  orders  of  the  legally  constituted  authori- 
ties of  the  United  States  or  of  other  states,  in  such  manner 


of  section. 


Acts,  1941.  — Chap.  C91.  1061 

as  to  effectuate  the  general  purpose  to  make  uniform  the 
effect  of  the  orders,  rules  and  regulations  of  the  board  and 
of  said  autliorities  of  the  United  States  or  of  other  states, 
regulating  the  interstate  and  intrastate  transactions  of  milk 
dealers  in  or  with  respect  to  milk  sold,  distributed  or  dis- 
posed of  in  any  such  market. 

Section  25.     It  is  hereby  declared  that  the  production  Miik  industry 
and  distribution  of  milk  is  an  industry  affected  with  a  para-  the  pubUc"^ 
mount  public  interest  relating  to  the  public  health.    The  in-  interest. 
tention  and  purpose  of  this  chapter  is  hereby  declared  to 
extend  to  the  regulation  of  said  industry  and  to  the  control 
of  all  milk  sold  or  offered  for  sale  in  the  commonwealth,  to 
the  full  extent  permitted  by  the  constitutions  of  the  com- 
monwealth and  of  the  United  States,  respectively. 

Section  26.    If  any  provision  of  this  chapter,  or  the  appli-  ^^fi^'f^y^j 
cation  of  such  provision  to  any  person  or  circumstance,  shall  chapter. 
be  held  invalid,  the  remainder  of  this  chapter,  or  the  appli- 
cation of  such  provision  to  persons  or  circumstances  other 
than  those  as  to  which  it  is  held  invalid,  shall  not  be  affected 
thereby. 

Section  27.    This  chapter  may  be  cited  as  the  Milk  Con-  citation  of 
trol  Law.  "^^p*"^- 

Section  3.    The  provisions  of  chapter  three  hundred  and  ^^^'Hl'f^ik 
seventy-six  of  the  acts  of  nineteen  hundred  and  thirty-four,  279  and  334, 
as  amended  by  chapter  three  hundred  of  the  acts  of  nine-  ^i^/^i-t^^i^ 
teen   hundred   and   thirty-six,    chapter   four   hundred   and  418!  repealed.' 
twenty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  chapters  two  hundred  and  seventy-nine  and  three 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  chapters  three  hundred  and  two  and  four 
hundred  and  thirteen  of  the  acts  of  nineteen  hundred  and 
thirty-nine,  and  chapter  four  hundred  and  eighteen  of  the 
acts  of  nineteen  hundred  and  forty-one,  are  hereby  repealed; 
but,  to  the  fullest  extent  possible  conformably  to  its  terms, 
this  act  shall  be  construed  as  a  continuation  of  said  provi- 
sions and  not  as  a  new  enactment.     All  orders,  rules  and  ^j""^^* ""*'"" 
regulations  adopted  and  licenses  issued  by  the  milk  control 
board  under  authority  of  said  chapter  three  hundred  and 
seventy-six,  as  amended,  shall  continue  in  force  after  the 
effective  date  of  this  act  unless  and  until  suspended,  revised, 
rescinded,  cancelled  or  revoked  by  the  milk  control  board 
pursuant  to  section  nine  of  chapter  twenty  and  any  perti- 
nent provisions  of  chapter  ninety-four  A  of  the  General 
Laws,  except  that  orders  issued  pursuant  to  paragraph  (C) 
of  section  fifteen  of  said  chapter  three  hundred  and  seventy- 
six  shall  not  continue  in  force  for  more  than  six  months 
after  said  effective  date. 

Section  4.     The   office   or   position   of   each   employee,  civii  service 
temporary  or  permanent,  of  the  milk  control  board  as  ex-  emp?oyels 
isting  immediately  prior  to  the  effective  date  of  this  act,  if  unimpaired 
such  employee  had  been  employed  hy  such  board  prior  to 
January  thirty-first  of  the  current  year,  or  had  been  sub- 
sequently appointed  to  fill  a  vacancy  caused  by  the  resig- 


1062 


Acts,  1941.— Chap.  692. 


nation  or  death  of  a  person  who  was  employed  by  said 
board  prior  to  said  January  thirty-first,  shall,  if  such  em- 
ployee is  employed  by  such  board  upon  such  effective  date, 
become  subject  to  chapter  thirty-one  of  the  General  Laws 
and  the  rules  and  regulations  made  thereunder,  and  the 
tenure  of  office  or  employment  of  such  employee  shall  be 
unlimited,  subject,  however,  to  such  laws;  provided,  that 
the  director  of  civil  service  shall,  as  soon  as  may  be  after 
such  effective  date,  require  such  employee  to  take  a  quali- 
fying civil  service  examination  based  on  the  duties  which 
such  employee  has  been  performing.  No  person  other  than 
an  employee  referred  to  in  the  preceding  sentence  shall  serve 
in  any  office  or  position  under  the  milk  control  board  es- 
tablished by  this  act  except  upon  certification  from  an  eli- 
gible list  established  as  the  result  of  a  competitive  civil 
service  examination  under  said  chapter  thirty-one. 

Section  5.  The  members  of  the  milk  control  board, 
established  by  chapter  three  hundred  and  seventy-six  of 
the  acts  of  nineteen  hundred  and  thirty-four,  in  office  imme- 
diately prior  to  the  effective  date  of  this  act  shall  serve  as 
members  of  the  milk  control  board  created  by  section  one 
of  this  act  until  the  qualification  of  a  majority  of  the  mem- 
bers of  the  board  so  created. 
Effective  date.  SECTION  6.  This  act  shall  take  effect  upon  November 
thirtieth  in  the  current  year.      Approved  October  24,  1941. 


Members  of 
milk  control 
board  con- 
tinued in  office 


G.  L.  (Ter. 
Ed.)  159B, 
§  13,  etc.. 
amended. 


CAap.692  An  Act  exempting  certain  motor  vehicles  from  cer- 
tain PROVISIONS  OF  LAW  RELATIVE  TO  CARRIERS  OF  PROP- 
ERTY  BY   MOTOR   VEHICLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  one  hundred  and  fifty-nine  B 
of  the  General  Laws,  as  appearing  in  section  one  of  chapter 
four  hundred  and  eighty-three  of  the  acts  of  nineteen  hun- 
dred and  thirty-eight,  is  hereby  amended  by  striking  out 
the  first  sentence  and  inserting  in  place  thereof  the  follow- 
ing sentence:  —  Motor  vehicles  owned  by  the  common- 
wealth or  any  of  its  political  subdivisions,  and  any  motor 
vehicle  while  engaged  in  the  transportation  of  property  for 
the  commonwealth  or  any  of  its  political  subdivisions  if 
the  owner  of  such  vehicle  has  no  interest,  directly  or  in- 
directly, in  any  other  motor  vehicle,  shall  be  subject  to  sec- 
tion eighteen,  but  shall  be  exempt  from  all  other  provisions 
of  this  chapter,  —  so  as  to  read  as  follows:  —  Section  13. 
Motor  vehicles  owned  by  the  commonwealth  or  any  of  its 
political  subdivisions,  and  any  motor  vehicle  while  engaged 
in  the  transportation  of  property  for  the  commonwealth  or 
any  of  its  political  subdivisions  if  the  owner  of  such  vehicle 
has  no  interest,  directly  or  indirectly,  in  any  other  motor 
vehicle,  shall  be  subject  to  section  eighteen,  but  shall  be 
exempt  from  all  other  provisions  of  this  chapter.  Motor 
vehicles_ while  engaged  exclusively  in  the  delivery  of  the 


state  or  mu- 
nicipal ve- 
hicles subject 
to  section 
eighteen. 


Acts,  1941.— Chap.  693.  1063 

United  States  mail  or  any  other  work  for  the  United  States 
shall  be  exempt  from  all  provisions  of  this  chapter  except 
section  eighteen,  but  shall  be  subject  to  said  section  so  far 
as  may  be  permissible  under  the  constitution  and  laws  of 
the  United  States.  Approved  October  24,  1941. 


C/?ap.693 


insurance. 


An  Act  further  regulating  the  charges  and  fees  for 
re-examination,  and  license  fees,  of  certain  insur- 
ance agents,  insurance  brokers  and  adjusters]]|.of 
fire  losses. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General  g.  l.  (Ter. 
Laws  is  hereby  amended  by  striking  out  section  fourteen,  U4,'e/c^,' 
as  most  recently  amended  by  section  three  of  chapter  six  a'ne'^fied. 
hundred  and  thirty-five  of  the  acts  of  the  current  year,  and 
inserting  in  place  thereof  the  following  section :  —  Section  collection  of 
14.     He  shall  collect  from  the  applicant  and  pay  to  the  feeT^y  *om- 
commonwealth  charges  and  fees  as  follows :  —  missioner  of 

For  each  examination  prior  to  granting  a  h  cense  or  a  cer- 
tificate of  authority  to  issue  pohcies  of  insurance  or  annuity 
or  pure  endowment  contracts  as  provided  in  sections  four 
and  thirty-two,  fifty  dollars; 

For  the  valuation  of  hfe  policies  of  a  domestic  company 
as  provided  in  section  nine,  two  and  one  half  mills  for  each 
thousand  dollars  of  insurance ; 

For  each  certificate  issued  under  section  sixteen,  two  dol- 
lars; provided,  that  such  certificates  shall  be  issued  without 
charge  for  the  use  of  the  commonwealth ; 

For  each  certificate  under  section  thirty-two,  two  dollars; 

For  each  special  license  under  clause  (g)  of  section  fifty- 
one  or  of  section  fifty-four,  ten  dollars; 

For  each  certificate  issued  by  the  commissioner  under  sec- 
tion seventy  or  section  seventy-one,  two  dollars; 

For  filing  copy  of  charter  or  deed  of  settlement  of  each 
foreign  company  under  section  one  hundred  and  fifty-one, 
thirty  dollars; 

For  filing  financial  statement  with  the  application  for  ad- 
mission of  a  foreign  company  under  section  one  hundred 
and  fifty-one,  and  for  the  filing  of  each  annual  statement 
by  a  foreign  company  under  section  twenty-five,  twenty 
dollars ; 

For  each  service  of  legal  process  upon  him  as  attorney  for 
a  foreign  company  under  section  one  hundred  and  fifty-one 
and  section  one  hundred  and  fifty-four,  two  dollars;  pro- 
vided, that  such  fee  shall  not  be  required  for  the  service  of 
process  in  any  criminal  proceeding; 

For  each  license  or  renewal  thereof  to  an  insurance  agent 
of  any  company  under  section  one  hundred  and  sixty-three, 
two  dollars; 

For  each  license  or  renewal  thereof  to  an  insurance  broker 
under  section  one  hundred  and  sixty-six,  twenty-five  dollars; 


1064  Acts,  1941.  — Chap.  693. 

For  each  license  or  renewal  thereof  to  a  special  insurance 
broker  under  section  one  hundred  and  sixty-eight,  twenty- 
five  dollars; 

For  each  license  or  renewal  thereof  to  an  adjuster  of  fire 
losses  under  section  one  hundred  and  seventy-two,  fifty 
dollars ; 

For  each  license  or  renewal  thereof  to  an  insurance  adviser 
under  section  one  hundred  and  seventy-seven  B,  twenty-five 
dollars ; 

For  each  license  or  renew^al  thereof  to  a  voluntary  associa- 
tion under  section  one  hundred  and  seventy-two  A,  to  a 
partnership  under  section  one  hundred  and  seventy-three  or 
to  a  corporation  under  section  one  hundred  and  seventy- 
four,  the  fees  hereinbefore  prescribed  for  like  licenses  issued 
to  individuals  under  section  one  hundred  and  sixty-three, 
one  hundred  and  sixty-six,  one  hundred  and  sixty-eight  or 
one  hundred  and  seventy-two,  for  each  trustee,  partner  or 
officer  to  be  covered  by  the  license;  provided,  that  the  fee 
to  be  collected  for  an  insurance  broker's  license  issued  under 
section  one  hundred  and  seventy-three  to  a  partnership 
composed  entirely  of  residents  of  other  states  of  the  United 
States  eligible  therefor  under  section  one  hundred  and  sixty- 
six,  and  covering  all  the  partners,  shall  be  twenty-five  dol- 
lars and  that  the  aggregate  fees  to  be  collected  for  such  a 
license  issued  as  aforesaid  to  any  other  partnership  shall  not 
exceed  one  hundred  dollars; 

For  each  certificate  of  the  valuation  of  the  policies  of  any 
life  company  and  for  each  certificate  of  the  examination, 
condition  or  qualification  of  a  company,  two  dollars; 

For  each  copy  of  any  paper  on  file  in  the  office  of  commis- 
sioner, twenty  cents  a  page  and  for  copies  of  tabulations, 
forty  cents  a  page  and  two  dollars  for  certifying  the  same; 
and 

All  other  fees  and  charges  due  the  commonwealth  for  any 
oflficial  act  or  service  of  the  commissioner. 

He  shall  also  collect  from  the  applicant  and  pay  to  the 
commonwealth  charges  and  fees  for  re-examinations  as 
follows :  — 

For  each  original  re-examination  and  subsequent  re-exam- 
ination of  an  insurance  agent  licensed  under  section  one 
hundred  and  sixty-three,  one  dollar; 

For  each  original  re-examination  and  subsequent  re-exam- 
ination of  an  insurance  broker  licensed  under  section  one 
hundred  and  sixty-six,  two  dollars; 

For  each  original  re-examination  and  subsequent  re-exam- 
ination of  an  adjuster  of  fire  losses  licensed  under  section  one 
hundred  and  seventy-two,  two  dollars; 

For  each  original  re-examination  and  subsequent  re-exam- 
ination of  an  insurance  adviser  licensed  under  section  one 
hundred  and  seventy-seven  B,  ten  dollars. 

Approved  October  S4,  1941. 


defined. 


Acts,  1941.  — Chaps.  694,  695.  1065 

An  Act  further  rpx^ulating  the  use  of  special  halls  (Jfidp  594 

FOR  the  entertainment  OF  SPECTATORS  DURING  CER- 
TAIN    months   in    EACH    YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  forty-three  of  §j^  .[Jg®'"-^  ^ 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended.' 
tion,  is  hereby  amended  by  striking  out  the  definition  of 
"Special  hall"  and  inserting  in  place  thereof  the  following:  — 

"Special  hall",  a  building  or  part  thereof  containing  an  ■; Special  hair 
assembly  hall  with  a  seating  capacity  of  more  than  four 
hundred  which  may  be  used  for  occasional  performances  for 
the  entertainment  of  spectators,  or,  with  the  approval  of 
the  department,  for  continuous  performances  for  the  enter- 
tainment thereof  in  any  year  between  June  twentieth  and 
September  twentieth,  with  the  use  of  scenery,  under  such 
conditions  as  the  licensing  officer  shall  direct,  and  for  public 
gatherings.  Approved  October  24,  1941. 

An  Act  authorizing  the  turning-over  of  the  boston  fhn'r)  AQf; 

AIRPORT,  so  called,  TO  THE  COMMONWEALTH  AND  PRO- 
VIDING  FOR  THE  IMPROVEMENT  THEREOF  AND  MAKING  CER- 
TAIN  CHANGES   IN  THE   LAWS  RELATIVE  TO  AIRPORTS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^J^„^^f;^"''y 
to  defeat  its  purpose,  which  is  to  prepare  with  the  utmost 
expedition  for  national  defence  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: 

Section  1.  The  term  of  the  lease  from  the  common- 
wealth to  the  city  of  Boston,  in  this  act  called  the  city,  of 
land  in  that  part  of  the  city  called  East  Boston,  under  chap- 
ter sixty-four  of  the  resolves  of  nineteen  hundred  and  twenty- 
eight,  and  the  term  of  the  lease  from  the  commonwealth  to 
the  city  of  other  land  in  said  part  of  the  city  under  chapter 
fifty-three  of  the  resolves  of  nineteen  hundred  and  thirty, 
shall,  as  provided  in  section  two,  terminate  prior  to  the 
termination  of  the  stated  terms  thereof,  anything  in  either 
of  said  leases  to  the  contrary  notwithstanding,  upon  receipt 
by  the  city  from  the  commonwealth  of  one  million  twenty- 
six  thousand  and  eight  hundred  dollars  (being  the  amount 
determined  by  the  special  commission,  appointed  under 
authority  of  chapter  eight  of  the  resolves  of  the  current 
year,  to  be  the  values  of  certain  items  referred  to  in  said 
leases).  In  this  act  the  premises  covered  by  the  aforesaid 
leases  are  referred  to  as  the  airport  property. 

Section  2.  Subject  to  section  eleven,  the  common- 
wealth shall  make  to  the  city  payment  of  the  sum  specified 
in  section  one  at  the  office  of  the  treasurer  of  the  city  dur- 


preamble. 


1066  Acts,  1941.  — Chap.  695. 

ing  regular  office  hours  in  the  forenoon  of  any  business  day 
prior  to  the  fortieth  day  following  the  effective  date  of  this 
act.  At  one  o'clock  post  meridian  of  the  day  of  such  pay- 
ment, said  date  in  this  act  being  called  the  termination 
date,  and  without  further  action  by  the  city  or  by  the  com- 
monwealth, the  terms  of  the  aforesaid  leases  shall  terminate, 
all  interest  of  the  city  in  and  to  the  airport  property,  in- 
cluding buildings  with  the  equipment  therein  contained, 
shall  cease,  the  city  shall  deliver  possession  of  said  property 
to  the  commonwealth,  subject  to  section  four,  and  the  com- 
monwealth shall  assume  the  city's  financial  responsibility 
for  and  take  over,  so  far  as  it  legally  may,  all  unfinished 
work  then  being  carried  on  by  the  city  or  by  the  Works 
Project  Administration  or  other  federal  agency  upon  or  for 
the  benefit  of  the  airport  property,  except  any  such  work 
initiated  after  March  thirty-first  of  the  current  year  which 
shall  not  have  been  approved  in  advance  in  writing  by  the 
state  department  of  public  works,  in  this  act  called  the 
department. 

Section  3.  Within  sixty  days  after  the  termination  date, 
the  city  shall  account  for  and  pay  to  the  commonwealth  all 
amounts  received  or  receivable  from  the  operation  of  the 
airport  property  between  March  thirty-first  of  the  current 
year  and  the  termination  date,  and  the  commonwealth  shall 
reimburse  the  city  for  all  expenditures  made  or  incurred 
upon  or  for  the  benefit  of  the  airport  property  during  said 
period,  except  expenditures  made  or  incurred  for  any  new 
project  or  work  upon  or  for  the  benefit  of  the  airport  prop- 
erty initiated  during  said  period  without  the  approval  in 
advance  in  writing  of  the  department. 

Section  4.  Upon  the  termination  date,  the  common- 
wealth shall  accept  as  tenants  and  licensees,  under  the  terms 
of  existing  tenancies  and  licenses  which  were  in  effect  on 
March  thirty-first  of  the  current  year,  all  tenants  and  li- 
censees of  the  city  of  portions  of  the  airport  property,  or 
their  assignees.  The  city  shall  hold  the  commonwealth 
harmless  from  loss  or  damage  arising  out  of  or  in  connection 
with  any  claim  asserted  by  any  such  tenant,  licensee  or 
assignee  in  regard  to  a  cause  arising  or  accrued  prior  to  the 
termination  date. 

Section  5.  The  department  is  hereby  authorized  to  con- 
struct dikes  and  bulkheads  and  to  do  any  other  work  at  or 
adjacent  to  the  airport  property  which  in  its  opinion  is  neces- 
sary to  provide  an  area  within  which  filling  may  be  placed 
for  the  enlargement  of  the  airport  property.  No  work 
authorized  by  this  section  or  section  six  shall  be  begun  until 
the  Congress  shall  make  available  an  initial  sum  of  one  mil- 
lion five  hundred  thousand  dollars  for  dredging  a  seaplane 
channel  in  accordance  with  the  project  described  in  docu- 
ment three  hundred  and  sixty-two  of  the  seventy-sixth 
Congress,  first  session. 

Section  6.  The  department  is  hereby  authorized  to  fur- 
nish, free  of  cost  to  the  United  States  of  America,  as  and 


Acts,  1941.  — Chap.  695.  1067 

when  required,  all  lands,  easements,  rights  of  way  and  spoil- 
disposal  areas  for  the  initial  work  and  subsequent  mainte- 
nance in  connection  with  the  project  referred  to  in  section 
five.  The  commonwealth  hereby  agrees  to  hold  and  save 
the  United  States  of  America  free  from  claims  for  damages 
resulting  from  the  improvement  under  said  project,  and  to 
give  assurances  satisfactory  to  the  Secretary  of  War  that  it 
will,  at  its  expense,  provide  suitable  bulkheads,  dikes  or 
other  structures  for  the  retention  of  excavated  material. 
The  department  is  hereby  authorized  to  acquire  by  pur- 
chase, gift,  deed  or  otherwise,  or  to  take  by  eminent  do- 
main under  chapter  seventy-nine  of  the  General  Laws,  such 
lands,  flats,  or  rights  therein,  public  or  private,  as  may  be 
necessary  for  the  purposes  set  forth  in  this  section  and 
section  five. 

Section  7.  The  department  is  hereby  further  authorized 
to  fill,  grade  and  construct  runways,  dikes  and  bulkheads, 
erect  buildings  and  make  other  improvements  at  or  adja- 
cent to  the  airport,  in  accordance  with  plans  prepared  by 
or  under  direction  of  the  department;  provided,  that  no 
work  shall  be  done  in  accordance  therewith  unless  a  copy  of 
such  plans  shall  first  have  been  submitted  to  the  Massa- 
chusetts aeronautics  commission  and  said  commission  shall 
have  made  to  the  department  its  recommendations  relative 
thereto  or  thirty  days  have  elapsed  without  any  such  recom- 
mendations. In  this  section  and  the  following  sections  of 
this  act,  the  term  airport  shall  mean  the  airport  property  as 
enlarged  and  improved  in  accordance  with  this  act.  For 
the  purposes  of  this  section,  the  department  is  hereby  author- 
ized to  acquire  by  eminent  domain  under  chapter  seventy- 
nine  of  the  General  Laws,  or  by  purchase  or  otherwise, 
necessary  public  or  private  lands  and  rights  and  easements 
therein,  including  such  air  rights  as  may  be  certified  by  said 
commission  to  the  department  to  be  necessary  to  provide 
unobstructed  air  space  for  the  safe  and  convenient  landing 
and  taking  off  of  aircraft  utilizing  the  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  the 
airport;  provided,  that  no  lands  or  rights  or  easements 
therein,  other  than  air  rights  and  rights  or  easements  con- 
nected with  the  placing,  operating  and  maintaining  of  marks 
and  lights,  shall  be  so  acquired  until  after  the  department 
has  submitted  the  proposition  to  said  commission  and  said 
commission  has  made  to  the  department  its  recommenda- 
tions relative  thereto  or  thirty  days  have  elapsed  without 
any  such  recommendations. 

Section  8.  The  department,  acting  in  the  name  and 
behalf  of  the  commonwealth,  may  lease  or  convey  to  the 
United  States  of  America,  with  or  without  consideration, 


1068  Acts,  1941.— Chap.  695. 

such  part  of  the  property  at  the  airport  as  may  be  necessary 
for  the  construction  and  maintenance  of  any  aid  to  aerial 
navigation.  The  department  may  also  authorize  the  United 
States  of  America  to  use  the  airport  without  monetary  con- 
sideration for  such  period  as  the  airport  shall  be  used  for  air- 
port purposes  and  as  the  lease  of  Governor's  island  referred 
to  in  section  ten  shall  remain  in  effect.  The  department 
may  enter  into  such  agreements  with  the  federal  govern- 
ment relative  to  the  construction,  maintenance  and  opera- 
tion of  the  airport  as  may  be  necessary  in  order  to  obtain 
federal  funds  and  assistance,  and  for  such  purposes  may  ex- 
pend such  funds  in  addition  to  any  moneys  provided  therefor 
under  section  nine. 

Section  9.  Subject  to  the  approval  of  the  governor  and 
council,  the  state  treasurer,  in  order  to  provide  funds  for 
payment  by  the  commonwealth  to  the  city  of  the  sum  speci- 
fied in  section  one,  shall  without  further  authority,  and,  in 
order  to  provide  funds  for  other  purposes  of  this  act,  shall 
from  time  to  time  upon  the  request  of  the  commissioner  of 
public  works  of  the  commonwealth,  issue  bonds  of  the  com- 
monwealth to  an  amount  not  exceeding,  in  the  aggregate, 
the  sum  of  two  million  dollars,  which  shall  bear  on  their 
face  the  words  Boston  Airport  Bonds — 1941.  Such 
bonds  shall  be  issued  as  coupon  or  registered  bonds  for  such 
term  of  years  as  may  be  recommended  by  the  governor  in 
accordance  with  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution,  but  such  bonds  shall  be  pay- 
able not  earlier  than  July  first,  nineteen  hundred  and 
forty-three,  nor  later  than  July  first,  nineteen  hundred  and 
forty-eight.  Such  bonds  shall  bear  interest  at  such  rate  as 
shall  be  fixed  by  the  state  treasurer,  with  the  approval  of 
the  governor  and  council. 

Section  10.  The  city,  acting  by  its  mayor  and  city  coun- 
cil, is  hereby  authorized  and  empowered  to  transfer  to  the 
commonwealth  without  monetary  consideration  such  right, 
title  and  interest  as  it  may  have  as  lessee  in  and  to  a  lease 
given  in  the  year  nineteen  hundred  and  thirty-six  by  the 
United  States  of  America  of  Governor's  island,  an  island  in 
Boston  harbor,  and  such  right,  title  and  interest  as  it  may 
have  in  and  to  two  parcels  of  land  in  Boston  harbor,  the 
first  of  said  parcels  consisting  of  Apple  island,  an  island  in 
Boston  harbor,  together  with  the  flats  appurtenant  thereto, 
and  the  second  of  said  parcels  of  land  being  a  portion  of  the 
flats  appurtenant  to  World  War  Memorial  park,  acquired  for 
park  purposes,  lying  east  and  south  of  a  line  marked  T-U  in 
the  harbor  line  as  described  in  chapter  four  hundred  and 
eleven  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
said  line  as  extended  southwesterly  to  the  property  line  be- 
tween the  said  city  flats  and  the  flats  of  the  commonwealth. 

Section  11.  The  provisions  of  this  act  except  this  sec- 
tion shall  be  void  and  of  no  effect  unless,  within  thirty  days 
after  the  effective  date  of  this  act,  the  mayor  of  the  city 
files  in  the  office  of  the  state  secretary  a  writing  or  writings 


Acts,  1941.  — Chap.  695.  1069 

in  which  he  states  that  the  city  is  ready  and  willing  to  carry 
out  sections  one  to  four,  inclusive,  and  that  the  city,  pur- 
suant to  action  duly  taken  by  its  mayor  and  city  council, 
will,  upon  receipt  from  the  commonwealth  of  the  sum  speci- 
fied in  section  one,  make  to  the  commonwealth  the  transfers 
referred  to  in  section  ten. 

Section  12.  Section  two  of  chapter  four  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundi'ed  and  thirty-nine  ^ 

is  hereby  repealed. 

Section  13.    Section  thirty-nine  of  chapter  ninety  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  three  of  chapter  three  ftt! 'amended. 
hundred  and  ninety-three  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  amended  by  striking  out  the  first 
paragraph  and  inserting  in  place  thereof  the  following  para- 
graph :  —  The  commission  shall  have  supervision  and  con-  supervision, 
trol  over  all  aeronautical  activities  and  facilities  within  the  po*rts?etc^' 
commonwealth,  which  authority  shall  be  deemed  to  include 
supervision  and  control  over  all  airports,  landing  fields,  land- 
ing strips,  air  instruction,  air  markings,  air  beacons  and  all 
air  navigation  facilities  within  the  commonwealth ;  provided, 
that  nothing  in  this  paragraph  shall  be  deemed  to  grant  to 
or  impose  upon  the  commission  any  right  or  duty  with  re- 
spect to  the  management  or  maintenance  of  any  such  aero- 
nautical activity  or  facility;  and  provided,  further,  that  the 
commission  shall  have  only  advisory  powers  with  respect 
to  the  management  and  maintenance  of  airports  owned  and 
maintained  by  the  commonwealth. 

Section  14.  The  commissioner  of  public  works  shall 
establish  in  the  division  of  waterways  a  bureau  of  airport 
management.  Said  bureau  shall  be  in  charge  of  a  manager 
to  be  appointed  by  said  commissioner  and  shall,  under  the 
direction  of  the  director  of  the  division  of  waterways,  main- 
tain and  operate  all  airports  owned  and  maintained  by  the 
commonwealth. 

Section  15.  All  receipts  received  by  the  commonwealth 
from  the  operation  of  airports  owned  and  maintained  by  it 
shall  be  paid  into  the  state  treasury  and  credited  to  the  Port 
of  Boston  Fund. 

Section  16.  The  commissioner  of  public  works  may  tem- 
porarily employ  such  engineering,  clerical  and  other  assist- 
ants as  he  deems  necessary  for  the  purpose  of  carrying  out 
the  work  authorized  by  sections  five,  six  and  seven.  Such 
persons  shall  be  employed  subject  to  chapter  thirty-one  of 
the  General  Laws,  except  that  their  employment  may  con- 
tinue until  the  completion  of  said  work,  any  provision  of 
said  chapter  thirty-one  to  the  contrary  notwithstanding. 

Approved  October  21^,  1941. 


1070 


Acts,  1941.  — Chap.  696. 


G.  L.  (Ter. 
Ed.),  13,  new 
§S  44A-44D, 
added. 


Board  of 
registration 
of  architects. 

Appointment 
of  members, 
etc. 


C/iap. 696  An  Act  for  the  establishment  of  a  board  of  registra- 
tion OF  architects  and  for  the  regulation  of  the 
practice  of  architecture. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirteen  of  the  General  Laws  is 
hereby  amended  by  adding  after  section  forty-four,  added 
by  section  one  of  chapter  four  hundred  and  twenty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-five,  under  the  cap- 
tion board  of  registration  of  architects,  the  four  fol- 
lowing new  sections :  —  Section  I^l^A .  There  shall  be  in  the 
department  of  civil  service  and  registration  a  board  of  regis- 
tration of  architects,  in  this  and  the  following  three  sections 
called  the  board,  to  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  consisting  of  five  members, 
citizens  of  the  commonwealth,  each  of  whom  shall  have  been 
engaged  in  the  practice  of  architecture  for  a  period  of  ten 
years  or  more  prior  to  his  appointment,  and,  except  in  cases 
of  members  originally  appointed  to  the  board,  shall  be  regis- 
tered architects.  As  the  term  of  office  of  a  member  of  the 
board  expires,  his  successor,  qualified  as  aforesaid,  shall  be 
appointed  by  the  governor,  with  like  advice  and  consent, 
to  serve  for  five  years.  Each  member  shall  continue  to 
serve  until  the  qualification  of  his  successor.  The  governor 
may  also,  with  like  advice  and  consent,  fill  any  vacancy  in 
the  board  for  the  unexpired  portion  of  the  term. 

Section  J}.J^B.  The  board  shall  hold  at  least  two  regular 
meetings  each  year,  and  may  hold  special  meetings  as  rC' 
quired.  Time,  place  and  notice  of  all  meetings  shall  be  as 
required  by  rules  or  by-laws  determined  by  the  board.  At 
the  first  regular  meeting  each  year,  the  board  shall  organize 
and  choose  from  their  own  members,  a  chairman,  a  vice 
chairman  and  a  secretary.  A  quorum  shall  consist  of  three 
members. 

Section  Jf-JfC.  The  board  may  make  such  rules  or  by-laws, 
not  inconsistent  with  law,  as  it  may  deem  necessary  in  the 
performance  of  its  duties.  The  board  shall  have  a  seal,  and 
its  members  may  administer  oaths  in  the  performance  of 
its  duties.  The  board  shall  have  power  to  summon  witnesses 
and  to  take  testimony  and  require  proofs  concerning  all  mat- 
ters within  its  jurisdiction.  The  board  shall  annually  render 
to  the  governor  a  report  of  its  proceedings,  which  shall  in- 
clude an  itemized  statement  of  all  receipts  and  expenses 
of  the  board  for  the  year. 

Section  IflfD.  Each  member  of  the  board  shall  receive 
ten  dollars  for  each  day  or  portion  thereof  spent  in  the  per- 
formance of  his  official  duties;  provided,  that  the  total  sum 
paid  to  any  member  thereof  shall  not  exceed  five  hundred 
dollars  in  any  one  year;  and,  in  addition,  all  proper  travel- 
ling and  incidental  expenses  actually  incurred  by  him  in 
connection  with  said  duties.  The  board  may  appoint  such 
clerks  as  may  be  necessary;  provided,  that  the  salaries  and 


Meetings 
of  board. 

Quorum. 


Rules,  etc., 
of  board. 

Annual  report, 
etc. 


Compensation 
of  members. 


Acts,  1941.— Chap.  696.  1071 

expenses  of  the  members  of  the  board  and  its  employees, 
and  the  expenses  of  the  board,  shall  not  be  in  excess  of  the  , 
receipts  for  registration  and  from  other  sources  that  have 
been  received  by  the  state  treasurer  from  the  board. 

Section  2.    Chapter  one  hundred  and  twelve  of  the  Gen-  g.  l.  (Ter. 
eral  Laws  is  hereby  amended  by  inserting  after  section  sixty,  f§*66A^j,^'^ 
as  appearing  in  the  Tercentenary  Edition,  under  the  cap-  inserted, 
tion  REGISTRATION  OF  ARCHITECTS,  the  ten  following  new 
sections :  —  Section  60 A .     The  following  words  as  used  in  Definitions, 
sections  sixty  A  to  sixty  J,  inclusive,  unless  the  context 
otherwise  requires,  shall  have  the  following  meanings:  — 

"Architect",  any  person  who  engages  in  the  practice  of 
architecture  as  hereinafter  defined. 

"Board",  the  board  of  registration  of  architects  estab- 
lished by  section  forty-four  A  of  chapter  thirteen. 

"Certificate  of  registration",  the  certificate  of  annual 
registration,  issued  by  the  board. 

"Practice  of  architecture",  performing  or  holding  one's 
self  out  as  being  able  to  perform  the  professional  services 
of  planning,  specifying  and  supervising  construction  in 
connection  with  public  or  private  building,  structures  or 
projects. 

"Principal",  any  person  who  has  been  or  is  the  head  of 
an  organization  practicing  architecture. 

Section  GOB.     Any  citizen  of  the  United  States  or  any  AppUcation 
person  who  has  duly  declared  his  intention  of  becoming  such  '*"■  ""egistration. 
citizen  and  taken  out  his  first  papers,  who  is  at  least  twenty-  ^^®- 
five  years  of  age  and  of  good  moral  character,  may  apply  to 
the  board  for  registration  under  sections  sixty  A  to  sixty  J, 
inclusive. 

Every  applicant  for  registration  as  an  architect  shall  pay 
to  the  board;  upon  filing  his  application  therefor,  a  fee  of 
twenty-five  dollars. 

Section  60C.     Every  person  applying  to  the  board  for  Qualifications 
registration  shall  submit  with  his  application  to  the  board  ^°'  "-egistration. 
evidence  of  graduation  from  a  recognized  high  school  or  its  Examination, 
equivalent.     The  applicant  shall  also  submit  satisfactory  Exemptions, 
evidence  of  (a)  at  least  two  years'  satisfactory  work  in  a 
recognized  architectural  school  and  five  years'  practical  work 
in  an  architect's  office,  or  its  equivalent  as  approved  by  the 
board;   or  (6)  at  least  eight  years'  satisfactory  work  in  the 
offices  of  architects,  or  its  equivalent  as  approved  by  the 
board.     The  board  shall  thereupon  examine  the  applicant 
in  writing,  on  such  technical  and  professional  subjects  as 
are  prescribed  by  it.     A  written  examination  may  be  sup- 
plemented by  such  oral  examination  as  the  board  may  de- 
termine.   The  board  may  exempt  from  the  written  exami- 
nation herein  prescribed :  —  (a)  an  architect  duly  licensed 
or  registered  in  any  other  state  or  political  subdivision  of  the 
United  States;    (b)  a  holder  of  a  certificate  of  qualification 
issued  by  the  National  Council  of  Architectural  Registra- 
tion Boards;  (c)  any  person  who  has  lawfully  practiced  archi- 
tecture outside  the  commonwealth  for  a  period  of  at  least 


1072 


Acts,  1941.  — Chap.  696. 


Renewal  of 
certificates  of 
registration. 

Fee. 


Display  of 
certificate  of 
registration. 


Seal  for 

registered 

architects. 


Revocation, 
etc.,  of  cer- 
tificate of 
registration, 
grounds  for. 


Charges  to 
be  in  writing, 
etc. 

Hearings,  ptc. 


ten  years.  The  board  may  require  an  oral  examination,  the 
character  of  which  shall  be  determined  by  the  board. 

Section  60D.  On  or  about  May  first  of  each  year,  the 
board  shall  mail  to  every  registered  architect  in  the  com- 
monwealth a  blank  application  for  renewal  of  certificate  of 
registration.  Such  blanks  properly  filled  out,  together  with 
a  renewal  fee  of  five  dollars,  shall  be  returned  to  the  board 
on  or  before  the  following  first  day  of  August.  After  verifi- 
cations of  the  facts  stated  on  the  renewal  blanks,  the  board 
shall  issue  a  certificate  of  annual  registration,  dated  Septem- 
ber first,  and  which  shall  expire  on  August  thirty-first  of  the 
year  following.  Any  holder  of  a  certificate  of  registration 
who  fails  to  renew  his  application  within  sixty  days  after 
notification  by  the  board  that  his  license  has  expired,  shall, 
before  again  engaging  in  the  practice  of  architecture  within 
the  commonwealth,  be  required  to  register  anew,  pay  a  fee 
of  twenty  dollars  and  may  be  required  by  the  board  to  be 
re-examined. 

Section  60E.  Every  holder  of  a  certificate  of  registration 
shall  display  it  in  a  conspicuous  place  in  his  principal  ofiice, 
or  place  of  business  or  employment  within  the  common- 
wealth. 

Section  60F.  Every  registered  architect  shall  have  a  seal, 
of  a  design  authorized  by  the  board,  and  all  working  draw- 
ings, specifications  and  reports  prepared  by  such  registered 
architect,  or  under  his  supervision,  shall  be  stamped  with 
an  impression  of  said  seal,  when  filed  with  public  authorities. 
No  person  shall  seal  or  sign  any  document  as  a  registered 
architect,  unless  at  such  time  the  registrant's  certificate  be 
in  full  force. 

Section  600.  The  board  may  revoke,  suspend  or  annul  the 
certificate  of  registration,  or  reprimand,  censure  or  other- 
wise discipline  a  registrant,  upon  proof  satisfactory  to  the 
board:  (a)  that  the  holder  of  such  certificate  of  registration 
is  practicing  in  the  commonwealth  in  violation  of  any  pro- 
vision of  sections  sixty  A  to  sixty  J,  inclusive,  or  of  any  rule 
or  regulation  promulgated  under  authority  thereof  by  the 
board;  (b)  that  such  certificate  of  registration  was  obtained 
by  fraud  or  misrepresentation ;  (c)  that  any  money  or  thing 
of  value,  except  fees  prescribed  or  authorized  bj'  said  sec- 
tions, was  paid  or  received  to  secure  the  issuance  of  such 
certificate  of  registration;  (d)  that  the  holder  of  such  cer- 
tificate of  registration  has  been  guilty  of  fraud  or  deceit, 
or  of  gross  negligence,  incompetence  or  misconduct,  in  the 
practice  of  architecture ;  or  (e)  that  the  holder  of  such  certifi- 
cate of  registration  has  permitted  or  suffered  his  official  seal 
to  be  affixed  to  any  plans,  specifications  or  drawings  not 
prepared  by  him  or  under  his  personal  supervision  by  his 
regularly  employed  subordinates. 

Section  60H.  Charges  against  an  architect  involving  any 
matter  coming  within  the  jurisdiction  of  the  board  shall  be 
in  writing  and  shall  be  filed  with  the  board.  Such  charges, 
at  the  discretion  of  the  board,  shall  be  heard  within  thirty 


Acts,  1941.  — Chap.  696.  1073 

days  after  being  so  filed.  The  accused  architect  shall  have 
the  right  at  such  hearing  to  appear  personally,  with  or  with- 
out counsel,  to  cross-examine  witnesses  against  him  and  to 
produce  evidence  and  witnesses  in  his  defence.  The  board 
shall  set  the  time  and  place  for  such  hearing  and  shall  cause 
a  copy  of  the  charges,  together  with  a  notice  of  the  time  and 
place  fixed  for  the  hearing,  to  be  sent  by  registered  mail 
to  the  accused  architect,  at  his  latest  place  of  residence  or 
business  known  to  the  board,  at  least  ten  days  before  such 
date.  If  after  such  hearing  the  board  finds  the  accused 
architect  guilty  of  the  charges,  or  any  of  them,  it  shall  issue 
an  order  revoking,  suspending  or  annulling  the  certificate  of 
registration  of  the  accused  architect,  or  reprimanding,  cen- 
suring or  otherwise  disciplining  him.  If  the  board  finds  him 
not  guilty  it  shall  enter  an  order  dismissing  the  charges.  If 
such  order  be  that  a  certificate  of  registration  be  revoked, 
suspended  or  annulled,  the  board  shall  in  writing  so  notify 
the  state  secretary  and  the  clerk  of  the  city  or  town  in  the 
commonwealth  wherein  such  architect  has  his  principal 
place  of  business.  The  board  may  re-issue  a  certificate  of 
registration  to  any  person  whose  certificate  of  registration 
has  been  revoked.  Application  for  the  re-issuance  of  a  cer- 
tificate of  registration  shall  be  made  in  such  manner  as 
the  board  may  direct,  and  shall  be  accompanied  by  a  fee  of 
twenty-five  dollars. 

Section  601.     Every  certificate  of  registration  issued  and  Certificate  of 

•     •  .       ;.  1  •    •  r  ±-  -iA     registration 

remammg  m  force,  under  any  provision  of  sections  sixty  A  as  evidence. 
to  sixty  J,  inclusive,  shall  be  prima  facie  evidence  in  all 
courts  of  the  commonwealth  that  the  person  named  therein 
is  legally  registered  as  an  architect  for  the  period  for  which 
it  is  issued,  and  of  all  other  facts  therein  stated. 

Section  60J.    A  roster,  showing  the  names  and  last  known  Roster  of 
places  of  business  of  all  registered  architects,  shall  be  pre-  arfhite'iftl 
pared  by  the  board  during  the  month  of  January  of  each 
year.    Copies  of  such  roster  shall  be  mailed  to  each  person 
so  registered,  placed  on  file  with  the  state  secretary,  and 
furnished  to  the  public  on  request. 

Section  3.    Any  person  complying  with  section  sixty  D  issuance  of 
of  chapter  one  hundred  and  twelve  of  the  General  Laws,  in-  to  certain^ 
serted  by  section  two  of  this  act,  who  applies  to  the  board  ^pp^'^ants. 
of  registration  of  architects  prior  to  January  first,  nineteen 
hundred  and  forty-three,  and  has  been  a  citizen  of  the  com- 
monwealth for  at  least  two  years  prior  to  date  of  applica- 
tion, shall  be  given  a  certificate  of  registration  if  qualified 
as  follows :  — 

(a)  Upon  presentation  to  said  board  of  satisfactory  proof 
that  the  applicant  has  been  engaged  as  principal  in  the  prac- 
tice of  architecture  as  his  chief  occupation  for  a  period  of 
five  years  prior  to  the  date  of  application  for  registration;  or 

(6)  Upon  presentation  to  said  board  of  satisfactory  proof 
that  the  applicant  has  been  employed  on  architectural  work 
in  the  offices  of  practicing  architects,  or  architect,  for  a 
period  of  at  least  eight  years  prior  to  date  of  application,  and 


1074 


Acts,  1941.  — Chap.  697. 


Membera  of 
board,  ap- 
pointment of. 


after  passing  an  oral  examination  the  character  of  which 
shall  be  determined  by  said  board.  The  scope  of  the  exam- 
ination shall  have  special  reference  to  an  applicant's  ability 
to  design  and  supervise  architectural  construction,  so  as  to 
insure  the  safety  of  life,  health  and  property;  or 

(c)  Upon  presentation  to  said  board  of  proof  that  the  ap- 
plicant has  satisfactorily  completed  the  prescribed  course  in 
a  recognized  architectural  school  and  has  had  at  least  three 
years'  practical  experience  in  an  architect's  office  or  its  equiv- 
alent, as  approved  by  said  board. 

Section  4.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  five  persons,  citizens  of  the  com- 
monwealth, to  serve  as  the  board  of  registration  of  archi- 
tects, as  hereinbefore  established,  of  whom  one  shall  serve 
for  the  term  of  one  year,  one  for  the  term  of  two  years,  one 
for  the  term  of  three  years,  one  for  the  term  of  four  years, 
and  one  for  the  term  of  five  years,  as  the  governor  may 
designate,  from  the  date  of  appointment. 

Approved  October  S4,  1941. 


Chap.Q97  An  Act  relative  to  the  filing  of  notices  of  intention 

OF   MARRIAGE. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed).  207, 
§  20B,  etc., 
amended. 


Notice  bf 
intention  of 
marriage. 


Whereas,  The  subject  matter  of  this  act  is  so  related  to 
that  of  chapter  six  hundred  and  one  of  the  acts  of  the  current 
year  that  they  both  ought  to  take  effect  at  the  same  time, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty  B  of  chapter  two  hundred 
and  seven  of  the  General  Laws,  inserted  by  section  one  of 
chapter  six  hundred  and  one  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  is  hereby  amended  by  striking  out,  in  the 
fifth  fine,  the  words  "registered  physician"  and  inserting  in 
place  thereof  the  following :  —  qualified  physician  registered 
and  practicing  in  the  commonwealth  or  a  commissioned  medi- 
cal officer  on  active  service  in  the  armed  forces  of  the  United 
States,  —  so  that  the  first  paragraph  will  read  as  follows :  — 
Except  as  hereinafter  provided,  such  notice  of  intention  of 
marriage  shall  not  be  accepted  by  the  clerk  or  registrar  until 
he  has  received  from  each  party  to  the  intended  marriage  a 
certificate  signed  by  a  quahfied  physician  registered  and 
practicing  in  the  commonwealth  or  a  commissioned  medical 
officer  on  active  service  in  the  armed  forces  of  the  United 
States  who  has  examined  such  party  as  hereinafter  provided. 
If  such  physician,  in  making  such  examination,  discovers 
evidence  of  any  infectious  disease  declared  by  the  state 
department  of  public  health  to  be  dangerous  to  the  public 
health,  he  shall  inform  both  parties  of  the  nature  of  such 
infectious  disease  and  of  the  possibilities  of  transmitting  the 
same  to  his  or  her  marital  partner  or  to  their  children.  Such 
examination  shall  include  a  standard  serological  test  for 


Acts,  1941.  — Chap.  698.  1075 

syphilis  and  said  test  shall  be  made  by  a  laboratory  of  said 
department  or  by  a  laboratory  approved  by  it  for  such  test. 

Section  2.     Said   section   twenty  B,   as  so  inserted,  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  the  second  para-  §  20Bf  etc., 
graph  and  inserting  in  place  thereof  the  three  following  ^minded 
paragraphs :  — 

Such  certificate  by  a  physician  registered  and  practicing  ?^°*'<i^  "^ 
in  the  commonwealth  shall  read  as  follows :  —  I  (name  and  marriage, 
address  of  physician),  a  registered  physician  of  (city  or  town)  cwtmcatl'.^ 
in  the  commonwealth  of  Massachusetts  declare  that  on 
(month,  day,  year)  I  examined  (name  and  address  of  party) 
in  accordance  with  section  twenty  B  of  chapter  two  hundred 
and  seven  of  the  General  Laws.     This  certificate  is  made 
under  the  penalties  of  perjury.  , 

Such  certificate  by  a  commissioned  medical  officer  on 
active  service  in  the  armed  forces  of  the  United  States  shall 
read  as  follows :  —  I  (name  and  address  of  physician)  a 
(rank  or  title)  serving  in  the  (name  of  unit)  of  the  United 
States  on  oath  declare  that  on  (month,  day,  year)  I  examined 
(name  and  home  address  of  party)  in  accordance  with  section 
twenty  B  of  chapter  two  hundred  and  seven  of  the  General 
Laws  of  the  commonwealth  of  Massachusetts. 

Blank  forms  of  certificates  required  under  this  section 
shall  be  furnished  to  city  and  town  clerks  by  the  department 
of  public  health. 

Section  3.     This  act  shall  take  effect  on  October  thirty-  Effective  date. 
first  in  the  current  year,  being  the  effective  date  of  said 
chapter  six  hundred  and  one. 

Approved  October  27 y  19Jfl. 


An  Act  relative  to  the  annexation  by  the  city  of  Chap.Q9S 

FITCHBURG  OF  A  PART  OF  THE  CITY  OF  LEOMINSTER  AND 
THE  ANNEXATION  BY  SAID  CITY  OF  LEOMINSTER  OF  A  PART 
OF  SAID  CITY  OF  FITCHBURG,  AND  MAKING  CHANGES  IN 
CERTAIN  LAWS  RELATIVE  TO  THE  TERRITORY  AFFECTED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-seven  of  the  acts  of  nineteen 
hundred  and  forty-one  is  hereby  amended  by  inserting  after 
section  two  the  following  three  new  sections :  —  Section  2 A . 
The  inhabitants  of  the  estates  within  the  territory  in  the 
cities  of  Fitchburg  and  Leominster,  respectively,  which  is 
affected  by  this  act,  and  the  owners  of  such  estates,  shall  be 
holden  to  pay  all  arrears  of  taxes  which  have  legally  been 
assessed  upon  them  prior  to  the  effective  date  of  this'  act, 
and  such  taxes  shall  be  collected  by  the  collector  of  the  city 
by  which  said  taxes  were  originally  assessed. 

Section  2B.  Each  of  said  cities  shall  continue  to  be  liable, 
but  not  for  more  than  five  years,  for  the  support  of  any  per- 
son now  or  hereafter  needing  relief  or  support,  who  had  a 
legal  settlement  in  such  city  immediately  prior  to  the  effec- 
tive date  of  this  act,  either  by  original  acquisition  or  by 


1076  Acts,  1941.  — Chap.  699. 

derivation,  uutil  such  settlement  is  defeated  or  lost.  Any 
person  residing  within  the  territory  affected  by  this  act,  but 
having  no  legal  settlement  therein  when  this  act  becomes 
effective,  who  had  begun  or  thereafter  begins  to  acquire  a 
legal  settlement  by  the  laws  in  force  at  and  before  the  time 
when  this  act  takes  effect,  shall  not  thereby  be  prevented 
from  acquiring  or  completing  a  legal  settlement  in  the  city 
to  which  such  territory  was  transferred  by  this  act. 

Section  2C.  The  inhabitants  of  the  territory  set  off  from 
the  city  of  Leominster  and  annexed  to  the  city  of  Fitchburg 
and  of  that  set  off  from  the  city  of  Fitchburg  and  annexed 
to  the  city  of  Leominster  by  this  act  shall,  if  qualified  to 
vote  in  such  territory,  continue  to  be  voters  of  the  city  of 
Leominster  and  the  city  of  Fitchburg,  respectively,  for  the 
purpose  of  electing  representatives  in  the  general  court, 
until  the  next  apportionment  shall  be  made.  It  shall  be 
the  duty  of  the  board  of  registrars  of  voters  of  each  of 
said  cities  to  make  true  hsts  of  the  persons  within  the  terri- 
tory hereby  annexed  thereto,  qualified  to  vote  at  any  such 
election,  and  to  post  a  fist  in  the  said  territory  and  to  cor- 
rect the  same,  as  required  by  law,  and  to  deliver  the  same 
to  the  registrars  of  voters  of  the  city  from  which  said  terri- 
tory was  set  off  at  least  seven  days  before  any  such  election, 
and  the  same  shall  be  taken  and  used  for  any  such  election 
in  the  same  manner  as  if  it  had  been  prepared  by  the  board 
of  registrars  of  such  city. 

Section  2.  This  act  shall  take  effect  as  of  the  effective 
date  of  said  chapter  thirty-seven  of  the  acts  of  nineteen 
hundred  and  forty-one.  Approved  October  S7,  1941. 

Chav  699  ^^  "^^^  relative  to  the  furnishing  of  certain  per- 
formance  BONDS   IN    connection   WITH   CONTRACTS    FOR 

certain  public  works,  and  relative  to  fair  com- 
petition FOR  bidders  on  THE  CONSTRUCTION,  RECON- 
STRUCTION,   alteration,    remodelling    or    repair    of 

CERTAIN  PUBLIC  WORKS  BY  THE  COMMONWEALTH  OR  ANY 
POLITICAL   SUBDIVISION    THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

F,'d\'u9^'  Section  1.     Chapter  one  hundred  and  forty-nine  of  the 

§  44A.  etc.,       General  Laws  is  hereby  amended  by  striking  out  section 
amended.  forty-four  A,  as  appearing  in  chapter  four  hundred  and  eighty 

of  the  acts  of  nineteen  hundred  and  thirty-nine,  and  insert- 
Awarding  of  ing  in  place  thereof  the  following: — Section  44-^ ■  Every 
public  build-  contract  for  the  construction,  reconstruction,  alteration,  re- 
ings,  etc.  modelling  or  repair  of  any  public  building  by  the  common- 

wealth, or  by  any  county,  city,  town,  district,  board,  com- 
mission or  other  public  body  and  estimated  to  cost  more 
than  five  thousand  dollars  in  the  case  of  the  commonwealth, 
and  more  than  one  thousand  dollars  in  the  case  of  any 
county,  city,  town,  district,  board,  commission  or  other  pub- 
lic body,  shall  be  awarded  on  the  basis  of  competitive  bids 
to  the  lowest  responsible  and  eligible  bidder.     The  term 


Acts,  1941.  — Chap.  699.  1077 

"lowest  responsible  and  eligible  bidder",  as  used  herein  and 
in  sections  forty-four  B  to  forty-four  D,  inclusive,  shall  mean 
the  bidder  whose  bid  is  the  lowest  of  those  bidders  possessing 
the  skill,  ability  and  integrity  necessary  to  the  faithful  per- 
formance of  the  word  in  case  no  substitution  of  sub-con- 
tractors is  made  in  accordance  with  section  forty-four  C, 
or  whose  original  or  adjusted  bid  is  the  lowest  of  such  bid- 
ders in  the  event  of  such  substitution  or  substitutions.  Es- 
sential information  in  regard  to  such  qualifications  shall  be 
submitted  in  such  form  as  the  awarding  authority  may 
require.  The  awarding  authority  shall  reserve  the  right  to 
reject  any  or  all  bids,  if  it  be  in  the  public  interest  so  to  do. 

Section  2.    Section  forty-four  C  of  said  chapter  one  hun-  g.  l.  (Xer. 
dred   and  forty-nine,   as  so   appearing,   is   hereby  further  f  44c.^ttc., 
amended  by  striking  out  subsection  (B)  and  inserting  in  amended. 
place  thereof  the  following  subsection :  — 

(B)  All  principal  and  such  minor  sub-contractors  as  are  Procedure  in 
designated  in  the  proposal  form  shall  deliver  or  mail  to  the  ''"^'^'""'  "**=• 
awarding  authority  record  copies  of  all  bids  sent  by  them 
to  the  general  contractor.  All  such  bids  shall  be  in  sealed 
envelopes,  plainly  marked  on  the  outside  with  the  sub-con- 
tractor's name,  and  shall  also  have  marked  on  the  outside 
the  name  or  names  of  bidders  they  include  in  their  bids  for 
any  portion  of  the  work,  involving  labor  and  materials.  All 
such  bids  shall  be  in  the  possession  of  the  awarding  authority, 
and  delivered  or  mailed  to  the  general  contractor,  by  twelve 
o'clock  noon  at  least  two  days  before  the  date  for  receipt 
of  general  contract  proposals.  The  date  and  time  limit  for 
receipt  of  such  bids  shall  be  stated  in  each  section  of  the 
specifications.  No  recorded  sub-bids  shall  be  opened  by  the 
awarding  authorities  until  after  the  selection  of  the  general 
contractor. 

No  sub-bid  shall  be  considered  in  the  final  selection  of 
sub-bidders,  as  hereinafter  described,  except  those  filed  with 
the  awarding  authority  as  above  provided. 

Each  sub-bidder  shall  endorse  the  copy  of  his  bid  filed 
with  the  awarding  authority  as  follows:  —  "The  above  pro- 
posal is  being  sent  to  the  following  general  bidders :  — 


The  proposal  may  not  be  used  by  any  other  general  con- 
tractor without  the  consent  of  the  undersigned",  and  sign 
such  copy. 

Section  3.     Said  section  forty-four  C,  as  so  appearing,  g.  l.  (Ter. 
is  hereby  further  amended  by  adding  at  the  end  of  subsec-  §  44c^ttc.. 
tion  (D)  the  following  new  sentence :  —  If  after  the  substi-  ^^^^^'ed 
tution  of  sub-contractors  under  this  subsection  or  subsec-  ^  .  ,•,.,,, 

,  .  .  .  Ill    ''UDstitutea 

tion  E,  the  selected  general  contractor  is  no  longer  the  lowest  sub-contractor. 
responsible  and  eligible  bidder,  then  a  new  selection  shall 
be  made  and  the  sub-bidders  of  said  newly  selected  general 
contractor  similarly  considered. 

Section  4.    Subsection  (E)  of  said  section  forty-four  C,  g^^  {Jg''- 
as  so  appearing,  is  hereby  amended  by  striking  out  the  first  §  44C,  etc., 


1078 


Acts,  1941.  — Chap.  699. 


further 
amended. 

Sub-contrac- 
tor, failure 
to  qualify. 


G.  L.  (Ter. 
Ed.),  149, 
§  44C,  etc., 
ftirther 
amended. 

New  sub-bids. 


Draft  of  Pro- 
posal Form. 


paragraph  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

If  a  sub-contractor  who  has  been  selected  and  included 
in  the  general  contract  fails  to  sign  the  sub-contract  within 
ten  days  after  notice  of  selection,  or  fails  to  furnish  a  per- 
formance bond  to  the  general  contractor  within  ten  days 
after  notice  of  selection  if  required  so  to  do  by  the  general 
contractor  or  the  awarding  authority,  by  an  instrument  in 
writing  mailed  or  delivered  to  such  sub-contractor  with,  or 
within  five  days  after,  such  notice  of  selection,  the  awarding 
authority,  architect  and  engineer,  or  any  one  or  more  of 
them,  and  the  general  contractor  shall  select,  from  the  sub- 
bidders  who  have  conformed  to  the  bidding  procedure,  the 
next  lowest  bidder  at  the  amount  named  in  such  sub-bid, 
and  the  total  contract  price  shall  be  revised  in  accordance 
with  the  change  in  figures  as  submitted. 

Section  5.  Said  section  forty-four  C,  as  so  appearing,  is 
hereby  further  amended  by  adding  at  the  end  of  subsection 
(E)  the  following  new  sentence :  —  Such  new  bids  shall  be 
obtained  by  written  invitation  to  three  or  more  qualified 
sub-bidders  and  shall  be  publicly  opened  at  a  time  and  place 
to  be  specified  in  the  invitation  for  bids. 

Section  6.  The  "Draft  of  Proposal  Form"  appended  to 
said  section  forty-four  C  is  hereby  amended  by  adding  at 
the  end  of  the  last  paragraph  setting  forth  the  subject  matter 
of  such  form  the  following: —  ;  provided,  that  any  such 
sub-bidder  may  be  required  by  the  general  contractor  or 
the  awarding  authority,  by  an  instrument  in  writing  deliv- 
ered or  mailed  by  such  contractor  or  authority  to  such  sub- 
bidder,  to  furnish  a  performance  bond  with  a  surety  com- 
pany, authorized  to  transact  business  in  the  commonwealth, 
as  surety,  in  the  sum  of  twenty-five  per  cent  of  amount  of 
the  sub-bid,  the  premium  for  which  bond  is  to  be  paid 
by  the  sub-bidder,  —  so  that  said  paragraph  will  read  as 
follows :  — 

The  undersigned  agrees  that  if  he  is  selected  as  general 
contractor  he  will  promptly  confer  with  the  awarding  author- 
ity on  the  question  of  sub-bidders  and  that  the  awarding 
authority  may  substitute  for  any  sub-bids  listed  above,  the 
names  and  amounts  of  sub-bids  as  submitted  for  this  work 
and  filed  with  the  awarding  authority,  as  required  by  the 
notice  to  bidders,  against  whose  standing  and  ability  the 
undersigned  makes  no  objection,  and  that  he  will  use  all 
such  finally  selected  sub-bidders  at  the  amounts  so  named 
and  be  in  every  way  as  responsible  for  them  and  their  work 
as  if  they  had  been  originally  named  in  this  proposal,  the 
total  contract  price  being  adjusted  to  conform  thereto;  pro- 
vided, that  any  such  sub-bidder  may  be  required  by  the 
general  contractor  or  the  awarding  authority,  by  an  instru- 
ment in  writing  delivered  or  mailed  by  such  contractor  or 
authority  to  such  sub-bidder,  to  furnish  a  performance  bond 
with  a  surety  company,  authorized  to  transact  business  in 
the  commonwealth,  as  surety,  in  the  sum  of  twenty-five  per 


Acts,  1941.  — Chaps.  700,  701.  1079 

cent  of  amount  of  the  sub-bid,  the  premium  for  which  bond 
is  to  be  paid  by  the  sub-bidder. 

Section  7.  The  "Proposal  Form  (Sub-Bidder) "  appended  Fo^rtub- 
to  said  section  forty-four  C  is  hereby  amended  by  inserting  Bidder) 
at  the  end  of  the  paragraph  contained  in  the  fourteenth  to 
the  eighteenth  hnes,  inclusive,  the  following :  —  ,  and,  if  so 
required  by  the  general  contractor  or  the  awarding  authority, 
by  an  instrument  in  writing  delivered  or  mailed  by  such  con- 
tractor or  authority  to  the  undersigned,  to  furnish  a  perform- 
ance bond  with  a  surety  company,  authorized  to  transact 
business  in  the  commonwealth,  as  surety,  in  the  sum  of 
twenty-five  per  cent  of  the  contract  sum,  the  premium  for 
which  bond  is  to  be  paid  by  the  undersigned,  —  so  that  said 
paragraph  will  read  as  follows :  — 

The  undersigned  further  agrees  to  be  bound  to  the  gen- 
eral contractor  by  the  terms  of  the  general  conditions,  draw- 
ings and  specifications,  and  to  assume  toward  him  all  the 
obligations  and  responsibilities  that  he,  by  those  documents, 
assumes  toward  the  owner,  and,  if  so  required  by  the  general 
contractor  or  the  awarding  authority,  by  an  instrument  in 
writing  delivered  or  mailed  by  such  contractor  or  authority 
to  the  undersigned,  to  furnish  a  performance  bond  with  a 
surety  company,  authorized  to  transact  business  in  the  com- 
monwealth, as  surety,  in  the  sum  of  twenty-five  per  cent 
of  the  contract  sum,  the  premium  for  which  bond  is  to  be 
paid  by  the  undersigned.  Approved  October  27,  1941- 


An  Act  relative  to  stay  of  judgment  and  execution  in  Qjiav  700 

ACTIONS    OF   SUMMARY   PROCESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  So  long  as  this  act  continues  in  force,  a  stay 
of  judgment  and  execution  may  be  granted  under  sections 
nine  to  thirteen,  inclusive,  of  chapter  two  hundred  and 
thirty-nine  of  the  General  Laws,  for  a  period  not  exceeding 
two  months  instead  of  one  month  as  now  provided  by  sec- 
tion nine  of  said  chapter. 

Section  2.  This  act  shall  not  apply  to  pending  causes  of 
action. 

Section  3.  This  act  shall  take  effect  upon  its  passage, 
and  shall  become  inoperative  on  October  first,  nineteen  hun- 
dred and  forty-three.  Approved  October  28,  19Jfl. 


Chap.70l 


An  Act  relative  to  the  payment  of  unemployment 
compensation  benefits  to  persons  upon  termina- 
tion of  service  in  the  military  or  naval  forces  of 
the  united  states  during  the  present  national 
emergency. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  expedite  the  payment  of  p""^*™"^'^- 
unemployment  compensation  benefits  to  persons  upon  the 


1080  Acts,  1941. —  Chap.  701. 

termination  of  service  by  them  in  the  military  or  na.val 
forces  of  the  United  States  during  the  present  national 
emergency,  therefore  it  is  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  person  who  is  inducted  into  or  who 
enlists  or  volunteers  for  induction  into  any  branch  of  the 
military  or  naval  service  of  the  United  States  under  the 
terms  of  the  Selective  Service  and  Training  Act  of  1940,  or 
under  Public  Resolution  —  No.  96  —  76th  Congress,  or 
Acts  or  Resolutions  in  amendment  thereof,  and  terminates 
such  military  or  naval  service,  shall  be  entitled  to  receive 
weekly  benefits  for  unemployment  under  the  provisions  of 
chapter  one  hundred  and  fifty-one  A  of  the  General  Laws, 
as  modified  by  this  act,  if  —  (a)  He  has  filed  a  claim  for 
benefits  at  a  date  subsequent  to  his  termination  of  active 
military  or  naval  service,  but  prior  to  the  April  first  next 
but  one  succeeding  the  date  of  such  termination;  and 
(6)  He  has  made  application  under  the  provisions  of  said 
Selective  Service  and  Training  Act  of  1940,  or  Public  Reso- 
lution —  No.  96  —  76th  Congress,  or  Acts  or  Resolutions  in 
amendment  thereof,  for  his  former  position  in  permanent 
employment,  if  any,  within  forty  days  from  his  termination 
of  active  military  or  naval  service ;  or  has  satisfied  the  direc- 
tor of  the  division  of  employment  security  that  he  has  had 
reasonable  cause  for  not  having  made  such  application  within 
said  period  of  forty  days,  and,  in  addition,  has  satisfied  said 
director  that  he  has  subsequently  made  reasonable  effort  to 
re-enter  his  former  position  in  permanent  employment  or 
other  suitable  employment;  and  (c)  He  has  been  paid  wages 
of  one  hundred  and  fifty  dollars  or  more  in  the  base  period 
defined  in  said  chapter  one  hundred  and  fifty-one  A  com- 
bined with  the  calendar  year  next  succeeding  such  base 
period,  and  is  otherwise  eligible  for  weekly  benefits  for 
unemployment  under  the  provisions  of  the  employment 
security  law. 

Section  2.  (a)  The  aggregate  amount  of  benefits  pay- 
able to  such  person  shall  be  the  total  amount  of  benefits  not 
previously  paid  to  him,  based  on  the  total  of  wages  paid  in 
the  base  period,  as  so  defined,  effective  at  the  time  of  induc- 
tion or  enlistment  into  service,  plus  the  total  amount  of 
benefits  based  on  the  total  of  wages  paid  during  the  calen- 
dar year  next  succeeding  such  base  period.  (6)  The  weekly 
benefit  rate  for  each  week  of  unemployment  shall  be  an 
amount  based  on  the  highest  quarterly  wages  paid  during 
the  total  period  of  time  referred  to  in  subsection  (a)  of  this 
section,  (c)  The  aggregate  amount  of  benefits  and  weekly 
benefit  rate  for  unemployment  under  subsections  (a)  and 
(b)  of  this  section  shall  apply  for  the  remainder  of  the  bene- 
fit year,  as  defined  in  said  chapter  one  hundred  and  fifty- 
one  A,  in  effect  at  the  time  of  such  person's  release  from 


Acts,  1941.  — Chap.  701.  1081 

active  military  or  naval  service  and  the  balance  of  such  ag- 
gregate amount  of  benefits  to  his  credit  at  the  end  of  such 
benefit  year,  as  "benefit  year"  is  so  defined,  and  the  weekly 
benefit  rate  for  unemployment  shall  apply  for  the  first  full 
benefit  year  after  termination  of  active  military  or  naval 
service;  provided,  that  in  no  benefit  year  shall  benefits  be 
paid  in  an  amount  more  than  twenty  times  the  weekly 
benefit  rate,  (d)  If  at  the  time  of  such  person's  first  filing 
of  a  claim  for  unemployment  benefits  after  termination  of 
active  military  or  naval  service  the  aggregate  amount  of 
benefits  for  his  then  current  benefit  year  is  greater  under  the 
provisions  contained  in  said  chapter  one  hundred  and  fifty- 
one  A  than  the  amount  otherwise  provided  for  in  this  act 
he  shall  in  lieu  thereof  and  if  otherwise  eligible  under  said 
chapter  one  hundred  and  fifty-one  A  be  paid  the  aggregate 
amount  of  benefits  and  at  the  weekly  rates  under  said 
chapter  and  subject  to  provisions  contained  in  said  chapter. 

Section  3.  This  act  shall  not  apply  where  a  person 
elects  to  continue  in  the  active  military  or  naval  service  of 
the  United  States  beyond  the  compulsory  period  of  his 
enlistment  or  induction  under  the  terms  of  the  Selective 
Service  and  Training  Act  of  1940  or  under  Public  Resolu- 
tion —  No.  96  —  76th  Congress  or  Acts  or  Resolutions  in 
amendment  thereof. 

Section  4.  For  the  purposes  of  employers'  experience 
rating,  wages  paid  in  all  base  periods  used  in  said  chapter 
one  hundred  and  fifty-one  A,  as  modified  by  this  act,  to 
compute  reserved  benefits  for  an  individual  shall  be  deemed 
to  be  wages  earned  in  a  single  base  period;  provided,  that 
benefit  wages  used  in  such  computation  that  were  previously 
charged  to  the  experience  of  an  employer  shall  not  be 
charged  again. 

Section  5.  If,  under  an  act  of  Congress,  payments  with 
respect  to  the  unemployment  of  persons  who  have  com- 
pleted a  period  of  active  military  or  naval  service  are  pay- 
able by  the  United  States,  such  persons  shall  be  disqualified 
for  benefits  with  respect  to  any  week  until  they  have  ex- 
hausted all  their  rights  to  such  payments  from  the  United 
States. 

Section  6.  All  provisions  of  the  employment  security 
law,  except  as  otherwise  provided  by  this  act,  shall  remain 
in  full  force  and  effect. 

Section  7.  The  director  of  the  division  of  employment 
security  may  take  such  action  and  prescribe  such  procedure 
as  he  deems  advisable  or  necessary  for  the  administration 
and  enforcement  of  this  act.       Approved  October  28,  19/^1. 


1082  Acts,  1941.  — Chap.  702. 


Chap.702  An  Act  granting  the  consent  of  the  commonwealth  to 

THE  ACQUISITION  BY  THE  UNITED  STATES  OF  CERTAIN 
LANDS  IN  THE  COUNTIES  OF  NORFOLK  AND  PLYMOUTH  FOR 
THE  PURPOSES  OF  A  NAVAL  AMMUNITION  DEPOT  AND  A 
LIGHTER-THAN-AIR  BASE,  SO  CALLED,  AND  CEDING  JURIS- 
DICTION OF  SAID  LANDS  TO  SAID  UNITED  STATES. 

^m^rnbie"^  TT^eretts,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose  which  is  to  grant  the  consent  of  the 
commonwealth  to  the  immediate  acquisition  of  lands  neces- 
sary for  expanding  the  naval  ammunition  depot  in  the  town 
of  Hingham  and  for  establishing  a  lighter-than-air  base  in 
the  town  of  Weymouth  and  to  cede  jurisdiction  over  lands 
so  acquired  for  the  purposes  of  national  defense,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  on  or  before  April  first,  nineteen 
hundred  and  forty-three,  by  the  United  States  of  America, 
by  purchase  or  condemnation,  for  the  purpose  of  expanding 
the  naval  ammunition  depot  at  Hingham,  of  a  certain  area 
shown  on  a  plan  filed  in  the  office  of  the  state  secretary, 
entitled  "Map  of  Approved  Property  Lines  Extension  of 
Naval  Ammunition  Depot,  Hingham,  Mass.,  property  lines 
in  Hingham,  Norwell,  Scituate  (Plymouth  county),  Co- 
hasset  (Norfolk  county),  scale  400  feet  to  an  inch.  Whitman 
&  Howard,  Engineers,  approved  Sept.  13,  1941,  H.  E.  Wil- 
son, Commander,  U.  S.  N.,  Pubhc  Works  Officer,  First  Naval 
District",  and  dated  September  fifth,  nineteen  hundred  and 
forty-one,  and  revised  September  seventeenth,  nineteen 
hundred  and  forty-one,  containing  total  area  3,747.63  acres. 
Like  consent  is  hereby  granted  to  the  purchase,  for  the 
aforesaid  purpose,  of  such  portion  of  any  parcel  of  land 
partly  included  within  said  area  as  lies  outside  the  limits 
thereof;  provided,  that  suitable  plans  of  any  such  addi- 
tional land  so  purchased  have  been  filed  in  the  office  of  the 
state  secretary  prior  to  the  purchase  thereof  or  shall  be  so 
filed  within  one  year  thereafter.  The  consent  of  the  com- 
monwealth is  hereby  granted  to  the  acquisition  on  or  before 
said  April  first  by  said  United  States,  by  purchase  or  con- 
demnation, of  a  certain  area  of  approximately  one  and  eight 
tenths  square  miles  located  in  the  southerly  part  of  Wey- 
mouth, the  northwesterly  corner  of  Rockland  and  the  north- 
easterly corner  of  Abington,  for  the  purpose  of  establishing 
a  lighter-than-air  base,  so  called;  provided,  that  suitable 
plans  of  the  area  to  be  acquired  have  been  filed  in  the  office 
of  the  state  secretary  prior  to  the  acquisition  thereof  or 
shall  be  so  filed  within  one  year  thereafter.  Railroad  tracks 
constructed  on  said  first  mentioned  area  may  cross  at  grade 
the  state  highway  known  as  Route  3A,  in  accordance  with 
plans  approved  by  the  department  of  public  works,  and 


Acts,  1941.  — Chap.  703.  1083 

section  one  hundred  and  two  of  chapter  one  hundred  and 
sixty  of  the  General  Laws  shall  not  apply  in  such  case. 

Section  2.  Jurisdiction  over  any  area  referred  to  in  sec- 
tion one  which  is  acquired  by  said  United  States  is  hereby 
granted  and  ceded  to  it,  but  upon  the  express  condition  that 
the  commonwealth  shall  retain  concurrent  jurisdiction  with 
said  United  States  in  and  over  such  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  consent  and  cession  had  not  been 
granted;  and  exclusive  jurisdiction  over  any  such  area  or 
any  part  thereof  shall  revest  in  the  commonwealth  when- 
ever it  shall  cease  to  be  used  by  said  United  States  for  the 
purpose  for  which  it  was  acquired  as  aforesaid. 

Section  3.  The  department  of  public  works  is  hereby 
authorized  to  make  all  contracts  and  agreements  and  do 
all  other  things  necessary  to  co-operate  with  said  United 
States  in  lading  out,  constructing  and  improving  public 
ways  to  replace  public  ways  now  located  in  any  area  men- 
tioned in  section  one.  Land  or  rights  in  land  may  be  taken 
for  such  public  ways  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws  by  said  department  in 
behalf  of  the  commonwealth,  or  in  behalf  of  the  town  in 
which  the  land  lies;  provided,  that  the  commonwealth  shall 
be  liable  for  damages  for  all  such  takings  and  that  there 
shall  be  no  liability  upon  any  town  therefor. 

Said  department  may  use  for  the  purposes  of  this  section 
any  funds  which  may  be  available  for  the  construction  and 
maintenance  of  state  highways,  and  all  reimbursements 
from  said  United  States  for  sums  expended  for  the  purposes 
of  this  section  shall  be  received  by  the  state  treasurer  and 
shall  be  expended  upon  the  order  or  approval  of  said  depart- 
ment without  specific  appropriation. 

Section  4.  The  Trustees  of  Public  Reservations,  a  Mas- 
sachusetts charitable  corporation,  incorporated  by  chapter 
three  hundred  and  fifty-two  of  the  acts  of  eighteen  hundred 
and  ninety-one,  is  hereby  authorized  and  empowered  to  sell 
to  said  United  States  for  such  consideration  as  it  sees  fit 
any  or  all  of  the  lands  or  rights  owned  by  it  within  the  areas 
mentioned  in  section  one.  The  proceeds  received  by  said 
corporation  from  any  sale  or  condemnation  of  any  such 
lands  or  rights  shall  be  devoted  to  the  purposes  for  which  it 
was  incorporated.  Approved  October  28,  19If.l. 

An  Act  relative  to  the  adjustment  of  fire  losses.      Chav  703 
Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  seventy-two  of  chapter  one  hun-  g  l.  (Xer. 
dred  and  seventy-five  of  the  General  Laws,  as  appearing  in  §172,  amended. 


1084 


Acts,  1941.  — Chap.  704. 


Adjustiueut 
of  fire  losses, 
etc. 

Penalty. 


the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out  the  last  sentence  and  inserting  in  place  thereof  the  fol- 
lowing: —  No  contract  in  writing  for  the  adjustment  or  ap- 
praisal of  a  fire  loss  shall  be  made  in  this  commonwealth 
until  a  copy  of  the  form  of  such  contract  has  been  on  file 
for  thirty  daj^s  with  the  commissioner,  unless  before  the 
expiration  of  said  period  he  shall  have  approved  the  form 
in  writing;  nor  if  he  notifies  the  adjuster  of  fire  losses  in 
writing  within  said  period  that  the  form  of  such  contract 
has  been  disapproved  by  him,  specifying  his  reasons  there- 
for, provided  that  such  action  of  the  commissioner  shall  be 
subject  to  review  by  the  superior  court.  Whoever  acts  as 
an  adjuster  of  fire  losses,  as  defined  in  section  one  hundred 
and  sixty-two,  without  such  license  or  during  a  suspension 
of  his  license,  or  in  violation  of  any  provision  of  this  section, 
shall  be  punished  by  a  fine  of  not  more  than  two  hundred 
dollars  or  by  imprisonment  for  not  more  than  six  months. 

Approved  October  28,  1941- 


G.  L.  fTer. 
Ed.),  159B, 
§  2,  etc., 
amended. 


Definition. 


Chap. 704c  An  Act  relative  to  agricultural  carriers  of  property 

BY   MOTOR   VEHICLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  one  hundred  and  fifty- 
nine  B  of  the  General  Laws,  as  amended,  is  hereby  further 
amended  by  inserting  after  the  introductor}^  paragraph,  as 
appearing  in  section  one  of  chapter  four  hundred  and  eighty- 
three  of  the  acts  of  nineteen  hundred  and  thirty-eight,  the 
following  new  paragraph :  — 

"Agricultural  carrier  by  motor  vehicle",  any  person 
whose  principal  business  is  agriculture,  who  owns  or  occu- 
pies lands  used  for  the  production  of  agricultural  products, 
and  who  transports  by  motor  vehicle  for  compensation  over 
irregular  routes  between  points  within  the  commonwealth 
agricultural  products  from  any  lands  so  used,  and  materials 
and  supplies  to  any  such  lands  for  use  for  agricultural 
purposes. 

Section  2.  Said  section  two,  as  so  amended,  is  hereby 
further  amended  b^^  striking  out  the  paragraphs  containing 
the  definitions  of  "Contract  carrier  by  motor  vehicle", 
"Motor  carrier"  and  "Permit",  as  so  appearing,  and  in- 
serting in  place  thereof,  respectively,  the  following  para- 
graphs :  — 

"Contract  carrier  by  motor  vehicle",  any  person,  not  in- 
cluded in  the  term  "common  carrier  by  motor  vehicle"  or 
in  the  term  "agricultural  carrier  by  motor  vehicle",  who, 
under  special  and  individual  contracts  or  agreements,  directly 
or  by  his  agent  or  under  a  lease  or  any  other  arrangements, 
transports  property  by  motoi-  vehicle  for  compensation  upon 
ways. 

"Motor  carrier"  shall  include  a  common  carrier  by  motor 
vehicle,  a  contract  carrier  by  motor  vehicle  and  an  agricul- 
tural carrier  by  motor  vehicle. 


G.  L.  (Ter. 
Ed.),  159B, 
§  2,  etc., 
further 
amended. 


Definitions. 


Acts,  1941. -—Chap.  705.  1085 

"Permit"  shall  mean,  (1)  except  in  section  fifteen  A,  a 
permit  issued  under  this  chapter  or  corresponding  provisions 
of  earlier  laws  to  a  contract  carrier  by  motor  veliicle;  and 
(2),  in  section  fifteen  A,  a  permit  issued  to  an  agricultural 
carrier  by  motor  vehicle. 

Section  3.     Said  chapter  one  hundred  and  fifty-nine  B  G- l.  (Ter. 
is  hereby  further  amended  by  inserting  after  section  fifteen,  new'§  isa,' 
as  so  appearing,  the  following  new  section:  —  Section  15 A.  >"s^''*ed- 
No  person  shall  engage  in  the  business  of  an  agricultural  ;\frier's  pTr- 
carrier  by  motor  vehicle  unless  there  is  in  effect  with  respect  mit,  issuance 
to  such  carrier  an  agricultural  carrier's  permit  issued  by  the  °  •  ®  "• 
department.     Each  application  for  such  a  permit  shall  be 
in  writing  in  such  form  and  contain  such  information  as  the 
department  may  require  and  be  verified  by  oath  or  written 
declaration  that  it  is  made  under  the  penalties  of  perjurj'. 
Upon  the  filing  of  such  an  apphcation  the  department  shall 
hold  a  hearing,  with  or  without  the  notice  required  by  para- 
graph (6)  of  section  three,  and  if  it  finds  that  the  applicant 
is  fit,  willing  and  able  to  provide  the  services  proposed  and 
otherwise  to  conform  to  this  chapter  and  the  lawful  require- 
ments, orders,  rules  and  regulations  of  the  department  there- 
under, may  issue  an  agricultural  carrier's  permit  to  the 
applicant,  upon  the  filing  of  a  schedule  of  rates  and  charges 
acceptable  to  the  department;    otherwise,  such  application 
shall  be  denied.    The  department  shall  specify  in  the  permit 
the  operations  covered  thereby  at  the  time  of  issuance  and 
from  time  to  time  thereafter  shall  attach  to  it  such  terms 
and  conditions,  not  inconsistent  with  the  status  of  the  holder 
as  an  agricultural  carrier,  as  the  public  intei'est  may  require. 
A  suitable  distinguishing  plate  shall  be  prescribed  and  fur- 
nished by  the  department  annually  for  each  of  the  vehicles 
necessary  for  the  conduct  of  the  business  of  the  holder  of  the 
permit.    Section  nine  shall  apply  to  such  plates  except  that 
the  annual  charge  for  each  such  plate  shall  be  one  dollar. 

Section  4.    This  act  shall  take  effect  July  first,  nineteen  EfTective  date. 
hundred  and  forty-two.  Approved  October  28,  1941. 

An  Act  authorizing  the  town  of  stoughton  to  supply  flin'r)  705 

WATER   TO    THE   TOW^N   OF   AVON.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Stoughton  may  supply  water 
to  the  town  of  Avon  upon  such  terms  and  conditions  as  may 
mutually  be  agreed  upon  by  said  towns;  and  said  town  of 
Avon  is  hereby  authorized  to  purchase  such  water  upon  such 
terms  and  conditions. 

Section  2.  So  much  of  chapter  two  hundred  and  forty 
of  the  acts  of  eighteen  hundred  and  eighty-six,  as  amended, 
as  is  inconsistent  with  section  one  of  this  act  is  hereby 
repealed. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  the  town 
of  Stoughton  present  and  voting  thereon  at  a  town  meeting 


1086 


Acts,  1941.— Chaps.  706,  707. 


called  for  the  purpose  within  three  years  after  its  passage, 
but  the  number  of  town  meetings  held  for  such  purpose 
within  any  year  shall  not  exceed  three. 

Approved  October  28,  1941. 


Chap.706  An  Act  relative  to  the  transfer  of  the  insane  to 

AND    FROM    THE    WARDS    OF    THE    TEWKSBURY    STATE    HOS- 
PITAL AND    INFIRMARY   USED    FOR   THEIR   CARE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-three  of  the  General 
Laws  is  hereby  amended  by  striking  out  section  twenty-two, 
as  most  recently  amended  by  section  forty  of  chapter  three 
hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following :  — 
Section  22.  The  department  shall  have  the  same  authority 
with  regard  to  the  transfer  of  the  insane  to  and  from  the 
wards  of  the  Tewksbury  state  hospital  and  infirmary  now 
or  hereafter  used  for  the  care  of  the  insane,  which  it  has  over 
the  transfer  of  inmates  of  state  hospitals,  under  section 
twenty;  but  the  said  wards  shall  remain  under  the  juris- 
diction of  the  trustees  of  said  hospital  and  infirmary  and 
the  control  of  its  superintendent. 

Approved  October  28,  1941. 


G.  L.  (Ter. 
Ed.),  123, 
§  22,  etc., 
amended. 


Transfer  of 
insane  to  and 
from  state 
hospital,  etc. 


Chap 


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


Directors  in 
the  depart- 
ment of 
labor  and 
industries. 


G.  L.  (Ter. 
JEd.).  23,  new 
§§  llE-UL, 
inserted. 


,707  An  Act  establishing  within  the  department  of  labor 

AND  industries  A  DIVISION  OF  APPRENTICE  TRAINING 
under  a  DIRECTOR  OF  APPRENTICESHIP  AND  AN  APPREN- 
TICESHIP COUNCIL,  AND  DEFINING  THE  POWERS  AND  DUTIES 
OF   SUCH   DIRECTOR   AND    COUNCIL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  twenty-three  of  the 
General  Laws,  as  most  recently  amended  by  section  sixteen 
of  chapter  five  hundred  and  ninety-six  of  the  acts  of  nine- 
teen hundred  and  forty-one,  is  hereby  further  amended  by 
striking  out  the  two  sentences  inserted  thereby  and  insert- 
ing in  place  thereof  the  two  following  sentences :  —  The 
commissioner,  assistant  commissioner  and  associate  com- 
missioners may,  with  the  approval  of  the  governor  and 
council,  appoint  not  more  than  six  directors  and  may,  with 
like  approval,  remove  them.  One  of  them,  to  be  known  as 
the  director  of  standards  and  necessaries  of  life,  shall  have 
charge  of  the  division  of  standards  and  the  division  on  the 
necessaries  of  life,  and  each  of  the  others  shall  be  assigned 
to  take  charge  of  a  division,  other  than  the  division  of  unem- 
ployment compensation  or  its  successor. 

Section  2.  Said  chapter  twenty-three  is  hereby  further 
amended  by  inserting  after  section  eleven  D,  inserted  by 
chapter  four  hundred  and  twentj'-seven  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  the  following  eight  new 
sections,  under  the  following  caption:  — 


I 


Acts,  1941.  — Chap.  707.  1087 


DIVISION    OF   APPRENTICE   TRAINING. 

Section  HE.  There  shall  be  m  the  department  an  ap-  Appreuticeahip 
prenticeship  council,  to  consist  of  eight  members,  of  whom  poyntmenfof 
six  shall  be  appointed  by  the  commissioner,  with  the  ap-  members,  etc 
proval  of  the  governor  and  council,  one  shall  be  the  assistant 
director  of  the  division  of  unemployment  compensation,  or 
its  successor,  in  charge  of  the  bureau  of  employment,  ex 
officio,  and  one  shall  be  the  director  of  the  division  of  voca- 
tional education  in  the  department  of  education,  ex  officio. 
Of  the  appointive  members  three  shall  always  be  persons 
who,  on  account  of  previous  vocation,  employment,  occu- 
pation or  affiliation,  can  be  classed  as  employers,  and  three 
shall  always  be  persons  who,  on  account  of  previous  voca- 
tion, employment,  occupation  or  affiliation,  can  be  classed 
as  employees.  The  terms  of  office  of  the  representatives  of 
employers  and  employees  initially  appointed  hereunder  shall 
expire  as  designated  by  the  commissioner  at  the  time  of 
making  the  appointments,  one  representative  each  of  em- 
ployers and  employees  being  appointed  for  a  term  of  one 
year,  one  representative  each  of  employers  and  employees 
being  appointed  for  a  term  of  two  years,  and  one  repre- 
sentative each  of  employers  and  employees  for  a  term  of 
three  years.  Thereafter,  each  member  representing  em- 
ployers and  employees  shall  be  appointed  for  a  term  of 
three  years.  Any  member  appointed  to  ffil  a  vacancy  oc- 
curring prior  to  the  expiration  of  the  term  of  his  predecessor 
shall  be  appointed  for  the  remainder  of  said  term.  Each 
member  of  the  council  not  otherwise  compensated  by  the 
commonwealth  shall  be  reimbursed  for  transportation  and 
other  necessary  expenses,  and  shall  be  paid  not  more  than 
ten  dollars  per  day  for  each  day  spent  in  attendance  at 
meetings  of  the  apprenticeship  council.  Said  council  shall 
not  meet  more  than  fifteen  days  in  any  year. 

Said  council  shall  meet  at  the  call  of  the  commissioner 
and  shall  aid  him  in  formulating  policies  for  the  effective 
administration  of  sections  eleven  E  to  eleven  L,  inclusive. 
Said  council  shall  suggest  to  the  commissioner  standards 
for  apprentice  agreements,  which  in  no  case  shall  be  lower 
than  those  prescribed  by  said  sections,  and  such  rules  and 
regulations  as,  in  its  opinion,  are  necessary  to  carry  out  the 
intent  and  purposes  of  said  sections,  and  shall  perform  such 
other  functions  as  the  commissioner  may  direct. 

Section  IIF.  The  commissioner,  subject  to  approval  by  Director  of 
the  governor  and  council,  shall  appoint  a  director  of  appren-  apprenticeship, 
ticeship.  The  commissioner  may  also  appoint  and  employ 
such  clerical,  technical  and  professional  assistance  as  shall 
be  necessary  to  effectuate  the  purposes  of  said  sections 
eleven  E  to  eleven  L,  inclusive,  and  may  utilize  any  federal 
funds  available  to  aid  in  the  administration  of  said  sections. 

Section  IIG.  The  director,  under  the  supervision  of  the  conditions. 
commissioner  and  with  the  advice  and  guidance  of  the  ap-  ^p  "rintice 
prenticeship  council,  shall  administer  sections  eleven  E  to  agreements. 


1088 


Acts,  1941.— Chap.  707. 


Term 

"apprentice' 

defined. 


Basic  stand- 
ards for 
apprentice 
agreements. 


eleven  L,  inclusive;  may,  with  the  approval  of  the  appren- 
ticeship council,  set  up  local  and  state  joint  apprenticeship 
committees;  may  set  up  and  establish  conditions  and  train- 
ing standards  for  apprentice  agreements,  which  conditions 
or  standards  shall  in  no  case  be  lower  than  those  prescribed 
by  said  sections;  may  act  as  secretary  of  the  apprenticeship 
council  and  of  each  state  joint  apprenticeship  committee; 
may  approve,  if  in  his  opinion  approval  is  for  the  best 
interest  of  the  apprentice,  any  apprentice  agreement  which 
meets  the  standards  established  under  said  sections;  may 
terminate  or  cancel  any  apprentice  agreement  in  accordance 
with  any  provision  of  any  such  agreement;  may  keep  a 
record  of  apprentice  agreements  and  their  disposition;  may 
issue  certificates  of  completion  of  apprenticeship;  may  co- 
operate with  the  state  department  of  education  and  the 
local  school  authorities  in  regard  to  the  education  of  ap- 
prentices in  accordance  with  the  standards  established  by 
the  director  for  the  same  trade  or  group  of  trades;  may 
act  in  an  advisory  capacity  with  employers  and  employees 
in  matters  regarding  schedule  of  operations,  application  of 
wage  rates,  and  working  conditions  for  apprentices  and  may 
suggest  the  number  of  apprentices  to  be  employed  locally 
in  the  trade  under  apprentice  agreements  under  said  sec- 
tions; and  may  perform  such  other  duties  as  are  necessary 
to  carry  out  the  intent  of  said  sections. 

Section  IIH.  The  term  "apprentice",  as  used  in  sections 
eleven  E  to  eleven  L,  inclusive,  shall  mean  a  pereon  at  least 
sixteen  years  of  age  who  has  entered  into  a  written  agree- 
ment, in  said  sections  called  an  apprentice  agreement,  with 
an  employer,  or  an  association  of  employers,  or  an  organi- 
zation of  employees,  which  apprentice  agreement  provides 
for  not  less  than  four  thousand  hom's  of  reasonably  con- 
tinuous employment  for  such  person  and  for  his  participa- 
tion in  an  approved  schedule  of  work  experience  through 
employment  and  for  approximately  one  hundred  and  fifty 
hours  per  year  of  related  supplemental  instruction. 

Section  111.  Every  apprentice  agreement  entered  into 
under  sections  eleven  E  to  eleven  L,  inclusive,  shall  sub- 
stantially conform  to  the  following  basic  standards:  — 

(1)  A  provision  that  not  less  than  four  thousand  hours  of 
employment  as  an  apprentice  in  the  occupation  therein  re- 
ferred to  shall  be  required  in  order  to  learn  such  occupation 
shall  be  included  therein; 

(2)  A  schedule  of  the  work  processes  to  be  learned  in  the 
occupation  shall  be  set  forth  therein; 

(3)  A  progressively  increasing  scale  of  wages  for  the.  ap- 
prentice, during  the  period  of  his  apprenticeship,  averaging 
approximately  one  half  of  the  rate  of  pay  of  a  journeyman 
over  a  similar  period,  shall  be  set  forth  therein; 

(4)  A  provision  for  approximately  one  hundred  and  fifty 
hours  per  year  of  related  classroom  instruction  for  the  ap- 
prentice during  said  period  of  apprenticeship  shall  be  in- 
cluded therein; 


Acts,  1941.— Chap.  707.  1089 

(5)  A  concise  and  accurate  statement  of  the  terras  and 
conditions  of  the  employment  and  training  of  the  apprentice 
shall  be  set  forth  therein,  and  also  a  statement  that  such 
apprenticeship  agreement  shall,  as  soon  as  may  be  after  its 
execution,  be  filed  with  the  apprenticeship  council;   and 

(6)  A  statement  that  such  agreement  may  be  terminated, 
within  six  months  of  its  execution,  by  either  the  employer 
or  the  apprentice  involved,  for  any  reason,  shall  be  included 
therein. 

Section  IIJ.  No  apprentice  agreement  entered  into  under  Approval  of 
sections  eleven  E  to  eleven  L,  inclusive,  shall  be  effective  agreements  by 
until  approved  bj--  the  director.  Every  such  apprentice  agree-  director,  etc. 
ment  shall  be  signed  by  the  employer,  or  by  an  association 
of  employers  or  an  organization  of  employees,  and  by  the 
apprentice,  and,  if  the  apprentice  is  a  minor,  by  the  minor's 
father;  provided,  that,  if  the  father  be  dead  or  legally  in- 
capable of  giving  consent  or  has  abandoned  his  family,  then 
such  agreement  shall  be  signed  by  the  minor's  mother;  and 
provided,  further,  that,  if  both  father  and  mother  be  dead 
or  legally  incapable  of  giving  consent,  then  such  agreement 
shall  be  signed  by  the  guardian  of  the  minor.  When  a  minor 
enters  into  an  apprentice  agreement  under  said  sections  for 
a  period  of  training  extending  beyond  the  date  upon  which 
he  shall  attain  his  majority,  the  apprentice  agreement,  if  so 
approved,  shall  be  binding  for  the  entire  period  therein  re- 
ferred to,  including  so  much  thereof  as  may  extend  beyond 
the  date  upon  which  he  attained  his  majority. 

Section  UK.  The  director  upon  the  complaint  of  any  violation  of 
interested  person  or  upon  his  own  initiative,  may  investi-  a^Jements. 
gate,  and  may  determine,  whether  there  has  been  a  viola-  Hearings,  etc. 
tion  of  the  terms  of  any  apprentice  agreement  entered  into 
and  approved  under  said  sections,  and  he  may  hold  hearings, 
inquiries  and  other  proceedings  necessary  to  such  investiga- 
tions and  determination.  The  parties  to  such  agreement 
shall  be  given  a  fair  and  impartial  hearing,  after  reasonable 
notice  thereof.  All  such  hearings,  investigations  and  deter- 
minations shall  be  made  under  authority  of  reasonable  rules 
and  procedure  prescribed  by  the  apprenticeship  council,  sub- 
ject to  the  approval  of  the  commissioner.  The  determina- 
tion of  the  director  shall  be  filed  with  the  commissioner,  and 
notice  of  such  determination  shall  at  the  same  time  be 
mailed,  postpaid,  to  each  person  known  by  the  director  to 
be  an  interested  person,  at  his  last  address  as  shown  by  the 
records  of  the  director.  If  no  appeal  therefrom  is  filed  with 
the  commissioner  within  ten  days  after  the  date  of  such 
filing  and  notice,  as  herein  provided,  such  determination 
shall  thereupon  become  the  decision  of  the  commissioner. 
Any  person  aggrieved  by  any  determination  or  action  of 
the  director  may,  within  the  time  hereinbefore  limited,  ap- 
peal therefrom  to  the  commissioner,  who  shall  hold  a  hear- 
ing thereon  after  due  notice  to  all  interested  parties.  The  ' 
decision  of  the  commissioner  as  to  the  facts  shall  be  con- 
clusive if  supported  by  the  evidence,  and  all  orders  and 


1090  Acts,  1941.  — Chap.  708. 

decisions  of  the  commissioner  shall  be  prima  facie  lawful 
and  reasonable.  Any  party  to  an  apprentice  agreement 
aggrieved  by  an  order  or  decision  of  the  commissioner  may 
appeal  to  the  superior  court  on  questions  of  law;  provided, 
that  such  order  or  decision  shall  be  conclusive  if  such  appeal 
therefrom  shall  not  be  filed  within  thirty  days  after  the  date 
of  such  order  or  decision. 

O^o  person  shall  institute  any  action  for  the  enforcement 
of  any  apprentice  agreement  entered  into  and  approved 
under  said  sections  unless  he  shall  first  have  exhausted  all 
administrative  remedies  provided  by  this  section. 

^™t!^""*'°°  Section  IIL.  Nothing  in  sections  eleven  E  to  eleven  L, 
inclusive,  or  in  any  apprentice  agreement  entered  into  and 
approved  under  said  sections  shall  operate  to  invalidate  any 
apprenticeship  provision  in  any  collective  agreement  between 
employers  and  employees,  setting  up  higher  apprenticeship 
standards. 

i^Taiwity  Section  3.    If  any  provision  of  this  act,  or  the  applica- 

tion thereof  to  any  person  or  circumstances,  is  held  invalid, 
the  remainder  of  the  act,  and  the  application  of  such  pro- 
vision to  any  other  person  and  circumstances,  shall  not  be 
affected  thereby.  Approved  October  28,  19^1 . 


Chap, 7 OS  An  Act  to  meet  certain  contingencies  arising  in  con- 
nection WITH  THE  SERVICE  OF  PUBLIC  OFFICERS  AND 
EMPLOYEES  AND  CERTAIN  OTHER  PERSONS  IN  THE  MILI- 
TARY OR  NAVAL  FORCES  OF  THE  UNITED  STATES  DURING 
THE    PRESENT   NATIONAL   EMERGENCY. 

preambiT^  TF/iercas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  in  part  is  to  protect  the  rights 
of  certain  persons  in  the  military  or  naval  service  of  the 
United  States  and  to  facilitate  the  temporary  appointment 
of  persons  to  perform  their  duties  in  their  absence,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  preservation  of  the  public  convenience. 

Be  it  enacted,  etc. ,  as  follows: 

Section  1,  Any  person  who,  on  or  after  January  first, 
nineteen  hundred  and  forty,  shall  have  tendered  his  resig- 
nation from  an  office  or  position  in  the  service  of  the  com- 
monwealth, or  any  political  subdivision  thereof,  or  otherwise 
terminated  such  service,  for  the  purpose  of  serving  in  the 
military  or  naval  forces  of  the  United  States  and  who  does 
or  did  so  serve  or  was  or  shall  be  rejected  for  such  service, 
shall,  except  as  hereinafter  provided,  be  deemed  to  be  or 
to  have  been  on  leave  of  absence;  and  no  such  person  shall 
be  deemed  to  have  resigned  from  his  ofiice  in  the  service  of 
the  commonwealth,  or  any  political  subdivision  thereof,  or 
to  have  terminated  such  service,  until  the  expiration  of  one 
year  from  the  termination  of  said  military  or  naval  service 
by  him. 


Acts,  1941.  — Chap.  708.  1091 

Section  2.  Any  person  referred  to  in  section  one  who 
was  or  shall  be  separated  from  the  service  of  the  common- 
wealth, or  any  political  subdivision  thereof,  while  holding 
an  office  or  position  classified  under  chapter  thirty-one  of 
the  General  Laws  shall,  if  he  so  requests  in  writing  to  the 
appointing  authority  within  one  year  after  the  termination 
of  his  said  military  or  naval  service,  and  if,  within  said  time, 
he  also  files  with  the  division  of  civil  service  the  certificate 
of  a  registered  physician  that  he  is  not  physically  disabled 
or  incapacitated  for  performing  the  duties  of  the  office  or 
position  previously  held  by  him,  be  reinstated  therein  with- 
out civil  service  examination  and  without  loss  of  seniority 
or  other  rights;  provided,  that  if  the  office  or  position  for- 
merly held  by  him  has  been  filled  prior  to  the  effective  date 
of  this  act  by  a  permanent  appointment,  he  shall  be  em- 
ployed in  a  similar  position  in  the  same  or  in  some  other 
department.  All  appointments,  transfers  and  promotions 
made  on  account  of  such  leaves  of  absence  shall  be  tempo- 
rary only  and  the  person  so  appointed,  transferred  or  pro- 
moted shall  be  known  as  a  military  substitute;  provided, 
that,  notwithstanding  any  provision  of  said  chapter  thirty- 
one  to  the  contrary,  he  may  continue  to  serve  in  such  office 
or  position  until  the  incumbent  is  reinstated  therein  or  until 
the  time  within  which  he  has  a  right  to  be  reinstated  has 
expired,  and  if  the  incumbent  has  not  been  reinstated  as 
provided  herein  said  military  substitute  shall  continue  in 
the  position  as  though  regularly  appointed  and  his  seniority 
rights  shall  date  from  his  appointment  as  such  military  sub- 
stitute. In  the  event  that  a  permanent  vacancy  not  caused 
by  or  related  to  the  absence  of  the  incumbent  in  said  military 
or  naval  service  occurs  in  a  position  of  the  same  or  similar 
rank  or  grade  as  that  then  occupied  by  a  military  substitute, 
said  military  substitute  may  be  appointed  to  such  perma- 
nent vacancy. 

Section  3.  Any  person  who  is  permanently  appointed 
to  an  office  or  position  classified  under  said  chapter  thirty- 
one  after  certification  from  an  eligible  list,  but,  before  com- 
mencing to  serve  therein,  enters  said  military  or  naval 
service,  shall  be  permanently  employed  in  such  office  or 
position  upon  the  termination  of  his  said  military  or  naval 
service,  subject  to  a  probationary  period  of  six  months;  pro- 
vided, that  he  so  requests  in  writing,  within  three  months 
after  such  termination  of  service,  and  files  with  the  division 
of  civil  service  the  certificate  of  a  registered  physician  that 
he  is  not  physically  disabled  or  incapacitated  for  performing 
the  duties  of  the  office  or  position.  Any  appointment,  trans- 
fer or  promotion  to  fill  such  office  or  position  while  he  is  so 
serving  shall  be  temporary  only  and  shall  be  filled  by  a  mili- 
tary substitute  who  shall  hold  such  office  or  position  subject 
to  the  same  limitations  and  with  the  same  rights  as  a  mili- 
tary substitute  appointed  under  section  two. 

Section  4.  Any  person  whose  name  is  on  any  eligible 
list  or  register  of  the  division  of  civil  service  at  the  time  of 


1092  Acts,  1941.  — Chap.  708. 

his  commencing  said  military  or  naval  service  shall,  upon 
his  request  in  writing  filed  with  the  director  of  civil  service 
within  one  j'^ear  after  the  termination  of  said  service,  be 
continued  on  or  restored  to  such  list  or  register  for  a  period 
following  such  request  equal  to  the  remainder  of  the  term  of 
his  eligibility  thereon  at  the  time  he  commenced  said  mili- 
tary or  naval  service;  and  any  person  who  otherwise  be- 
comes entitled  to  have  his  name  placed  on  an  eligible  list 
or  register  on  account  of  an  examination  or  registration 
prior  to  commencing  such  service  shall,  upon  a  like  request 
in  writing  filed  within  a  similar  period,  be  entitled  to  have 
his  name  placed  upon  the  proper  eligible  list  or  register  as 
of  the  date  of  such  request,  and  it  shall  thereafter  remain 
thereon  for  the  full  regular  period  of  eligibility  provided  for 
by  the  civil  service  law  and  rules;  provided,  that  he  files 
with  the  director  of  civil  service  the  certificate  of  a  regis- 
tered physician  that  he  is  not  physically  disabled  or  inca- 
pacitated for  performing  the  duties  of  the  office  or  position. 

Section  5.  In  case  said  military  or  naval  service  of  an 
individual  holding  an  office  or  position  in  the  classified  civil 
service  or  appointed  to  such  office  or  position,  or  whose 
name  is  on  an  eligible  list  or  register,  prejudices  the  rights 
of  such  individual  under  the  provisions  of  chapter  thirty-one 
of  the  General  Laws,  and  such  rights  are  not  specifically 
protected  by  this  act,  the  director  of  civil  service  may,  with 
the  approval  of  the  governor  and  council,  and  acting  sepa- 
rately in  the  case  of  each  individual,  take  such  action  as 
will  in  his  judgment  protect  such  rights. 

Section  6.  Any  person  referred  to  in  section  one  who 
was  or  shall  be  separated  from  the  service  of  the  common- 
wealth or  any  political  subdivision  thereof  while  holding  an 
office  or  position  not  subject  to  chapter  thirty-one  of  the 
General  Laws,  shall,  if  he  so  requests  in  writing  to  the  ap- 
pointing authority  within  one  year  after  the  termination  of 
his  said  military  or  naval  service,  be  reinstated  or  re-employed 
in  said  office  or  position;  provided,  that,  in  case  he  was  ap- 
pointed for  a  fixed  term,  the  term  has  not  expired;  and  pro- 
vided, further,  that,  if  so  required  by  the  appointing  au- 
thority, he  files  the  certificate  of  a  registered  physician  that 
he  is  not  disabled  or  incapacitated  for  performing  the  duties 
of  the  office  or  position. 

Section  7.  In  case  any  officer  of  a  department,  division, 
board  or  commission  of  the  commonwealth  whose  appoint- 
ment is  not  subject  to  chapter  thirty-one  of  the  General  Laws 
and  whose  duties  are  not  otherwise  authorized  by  law  to  be 
performed  by  another  person,  is  unable  to  perform  the  duties 
of  his  office  by  reason  of  said  military  or  naval  service,  the 
head  of  such  department,  division,  board  or  commission  may, 
by  an  instrument  in  writing,  designate  another  person  in  the 
employ  of  such  department,  division,  board  or  commission 
to  perform  the  duties  of  such  officer  during  such  service,  but 
the  person  so  designated  shall  have  no  authority  to  make 
'  permanent  appointments  or  removals.    Every  such  designa- 


Acts,  1941.  — Chap.  708.  1093 

tion  sliall  be  subject  to  approval  by  the  governor,  and  shall 
remain  in  force  and  effect  until  terminated  by  the  return  of 
the  regular  officer  or  employee  or  until  revoked  by  the  head 
of  such  department,  division,  board  or  commission,  or  by 
the  governor.  Any  person  who,  while  holding  a  position 
subject  to  said  chapter  thirty-one,  is  designated  to  perform 
the  duties  of  another  as  provided  in  this  section  shall  have 
and  retain  all  his  rights  under  said  chapter  thirty-one,  in- 
cluding seniority,  and  when  such  designation  ceases  to  be  in 
force  and  effect  he  shall  be  reinstated  without  examination 
in  the  position  previously  held  by  him.  Any  appointment, 
promotion  or  transfer  of  any  person  to  perform  the  duties 
of  a  person  so  designated  shall  be  temporary  and  shall  not 
extend  beyond  the  date  when  such  designation  ceases  to  be 
in  force  and  effect. 

Section  8.  No  person  referred  to  in  section  one  who  has 
been  or  shall  be  separated  from  his  office  or  position  while  a 
member  of  a  contributory  retirement  system  shall,  by  reason 
of  such  separation,  be  considered  to  have  terminated  his 
membership  in  such  system  until  the  expiration  of  one  year 
after  the  termination  of  his  said  military  or  naval  service, 
nor  shall  such  a  person  while  so  separated  from  his  office  or 
position  be  entitled  to  withdraw  from  such  system  his 
accumulated  deductions  until  after  the  expiration  of  one 
year  after  the  termination  of  his  said  military  or  naval 
service. 

Section  9.  Any  person  referred  to  in  section  one  shall, 
when  reinstated  or  re-employed  in  his  former  position  or  in 
a  similar  position  as  provided  by  this  act,  have  credited  to 
him  as  creditable  service  under  any  contributory  retirement 
system  or  under  any  other  pension  or  retirement  law  under 
which  he  has  actual  or  inchoate  rights,  the  period  of  his  said 
military  or  naval  service.  If  such  person  remained  a  mem- 
ber of  any  contributory  retirement  system  and  has  not  with- 
drawn therefrom  his  accumulated  deductions,  or,  if  such 
person  has  withdrawn  such  deductions  and  shall  redeposit 
the  same  or  make  arrangements  for  so  doing  by  installments, 
as  provided  by  law,  the  commonwealth  or  political  subdi- 
vision thereof,  as  the  case  may  be,  shall,  at  the  time  of  such 
reinstatement  or  re-employment,  or  as  soon  thereafter  as  an 
appropriation  therefor  is  made,  pay  into  the  annuity  sav- 
ings fund  of  such  retirement  system  the  amount  which  said 
person  would  have  paid  into  said  fund  had  his  employment 
in  the  service  of  the  commonwealth  or  political  subdivision 
thereof  not  been  interrupted  by  his  said  military  or  naval 
service;  provided,  that  any  sum  so  paid  by  the  common- 
wealth or  any  political  subdivision  thereof  shall  be  used  only 
to  provide  an  increased  retirement  allowance  of  the  person 
on  whose  account  such  payment  is  made,  and  in  case  of  his 
later  separation  from  the  service  otherwise  than  by  retire- 
ment the  said  sum,  together  with  interest  thereon,  shall  be 
used  to  reduce  the  next  ensuing  appropriation  for  the  pay- 
ment of  pensions. 


1094  Acts,  1941.  — Chap.  708. 

Section  10.  In  case  the  mayor  of  a  city  is  unable  to 
perform  the  duties  of  his  office  by  reason  of  said  mihtary  or 
naval  service,  the  person  upon  whom  his  duties  devolve  in 
his  absence  shall,  notwithstanding  any  limiting  provision  of 
a  general  or  special  law,  possess  all  the  rights  and  powers, 
perform  all  of  the  duties  and  be  subject  to  all  of  the  obliga- 
tions of  mayor  of  such  city,  except  that  he  shall  have  no 
power  to  make  permanent  appointments  or  removals.  The 
person  temporarily  performing  the  duties  of  mayor  under 
such  circumstances  shall  receive  a  salary  equal  to  one  half 
the  salary  of  the  mayor,  which  sum  shall  be  deducted  from 
and  charged  against  the  salary  of  the  mayor. 

Section  11.  In  case  a  selectman  or  any  other  elected 
town  officer  is  unable  to  perform  the  duties  of  his  office  by 
reason  of  said  miUtary  or  naval  service,  a  majority  of  the 
members  of  a  board  established  as  hereinafter  provided 
may  in  writing  appoint  an  acting  officer  who  in  his  absence 
shall  possess  all  the  rights  and  powers,  perform  all  the 
duties  and  be  subject  to  all  the  obhgations  of  said  office 
until  the  expiration  of  the  term  of  the  absent  officer  or  until 
his  return,  whichever  first  occurs.  Said  board  shall  consist 
of  the  selectmen,  the  town  clerk,  the  town  treasurer,  and 
the  moderator  elected  for  a  term,  if  there  is  one  so  elected; 
provided,  that  any  such  officer  shall  not  be  a  member  of 
such  board  when  his  office  is  being  filled.  No  member  of 
any  such  board  shall  have  more  than  one  vote. 

A  person  appointed  under  the  provisions  of  this  section 
shall  not  receive  compensation  from  the  town  for  service  as 
such  acting  officer  but  his  compensation  therefor,  if  any, 
shall  be  paid  by  the  absent  officer.  The  town  treasurer 
when  so  authorized  by  the  absent  officer  may  make  pay- 
ment to  such  acting  officer  and  in  such  case  shall  charge 
such  payments  to  the  account  of  the  salary  provided  for  the 
absent  officer. 

Section  12,  The  term  "elected  town  officer",  as  used  in 
section  eleven  shall  mean  an  officer  elected  by  and  from  all 
the  voters  of  a  town  and  shall  include  a  member  of  a  body, 
board  or  commission,  including  the  school  committee. 

Section  13.  In  computing  the  period  of  five  years  of 
continuous  service  required  under  section  forty-nine  A  of 
chapter  thirty-one  of  the  General  Laws  of  an  incumbent  of 
a  municipal  office  who  has  entered  said  mihtary  or  naval 
service  and  returns  to  said  office  within  one  year  after  the 
termination  of  said  service,  the  period  between  his  entry 
into  said  service  and  his  return  to  said  office  shall  be  counted. 
Section  14.  In  case  any  medical  examiner  or  associate 
medical  examiner  is  unable  to  perform  his  duties  by  reason 
of  said  military  or  naval  service,  said  duties  may  be  per- 
formed by  any  other  medical  examiner  or  associate  medical 
examiner  designated  for  that  purpose  by  the  district  at- 
torney within  whose  district  the  temporary  vacancy  occurs, 
and  any  medical  examiner  or  associate  medical  examiner  so 
designated  shall,  within  the  limits  of  the  county  within 


Acts,  1941. —  Chap.  708.  1095 

which  he  is  so  designated  to  act,  have  all  the  rights,  powers 
and  obUgations  of  medical  examiner. 

Section  15.  Upon  the  application  of  any  resident  of  the 
commonwealth  who  entered  said  military  or  naval  service 
and  has  received  an  honorable  discharge  or  release  there- 
from, the  attorney  general  and  the  adjutant  general  are 
hereby  severally  authorized  and  directed  to  take  such  legal 
and  proper  measures  as  may  result  in  the  reinstatement  of 
such  resident  by  his  former  employer  in  the  position  which 
such  resident  held  immediately  prior  to  entering  such 
service.  On  such  application,  he  or  they  shall  also  inform 
such  resident  of  his  rights  under  the  federal  Selective  Train- 
ing and  Service  Act  of  1940,  under  the  federal  Soldiers'  and 
Sailors'  Civil  ReUef  Act  of  1940  and  under  Public  Resolution 
No.  96-76th  Congress,  approved  August  twenty-seventh, 
nineteen  hundred  and  forty,  and  shall  co-operate  with  the 
proper  official  or  officials  of  the  United  States  department 
of  justice  in  obtaining  for  such  resident  his  rights  under 
either  or  both  of  such  acts.  Upon  the  making  of  any  such 
application  the  former  employer  of  such  resident  shall  be 
notified  thereof  by  the  attorney  general  or  the  adjutant 
general,  as  the  case  may  be,  and  be  furnished  with  a  copy  of 
this  section. 

Section  16.  Affidavits  and  commissions  to  take  deposi- 
tions of  any  person  on  active  duty  in  the  miUtary  or  naval 
service  of  the  United  States  or  of  the  commonwealth  during 
the  present  national  emergency  may  be  executed  before  and 
by  any  commissioned  officer  in  any  of  said  services,  who 
holds  the  rank  of  captain  or  higher  in  the  military  service, 
or  lieutenant  or  higher  in  the  naval  service,  or  similar  rank; 
and  affidavits  and  depositions  of  such  persons  so  taken,  if 
otherwise  taken  in  accordance  with  law,  shall  be  received 
and  may  be  used  in  evidence,  or  for  any  other  purpose,  in 
the  same  manner  as  if  taken  before  a  commissioner  of  the 
commonwealth  appointed  to  take  depositions  in  other  states. 

Section  17.  The  deed  of  any  person  for  the  conveyance 
of  real  estate  within  the  commonwealth  or  for  any  other 
purpose,  powers  of  attorneys  and  other  instruments,  may, 
if  such  person  is  on  active  duty  in  the  military  or  naval 
service  of  the  United  States  or  of  the  commonwealth  during 
said  emergency,  be  acknowledged  before  any  commissioned 
officer  in  any  of  said  services,  who  holds  the  rank  of  captain 
or  higher  in  the  military  service,  or  lieutenant  or  higher  in 
the  naval  service,  or  similar  rank;  and  deeds,  powers  of 
attorney  and  other  instruments  so  acknowledged  may  be 
used  and  recorded  in  the  commonwealth  in  the  same  manner 
as  if  taken  in  and  before  one  commissioned  to  take  oaths 
and  acknowledgments  within  the  commonwealth. 

Section  18.  For  the  purposes  aforesaid,  the  officers 
above  named  shall  have  the  same  power  and  authority  as 
commissioners,  notaries  pubUc  and  justices  of  the  peace  to 
administer  oaths  and  take  depositions,  affidavits,  and  ac- 
knowledgments of  persons  in  the  military  or  naval  service  of 


1096  Acts,  1941.  — Chap.  708. 

the  United  States  or  of  the  commonwealth  in  accordance 
with  the  provisions  of  sections  sixteen  and  seventeen  of  this 
act.  Each  such  officer  shall  specify  in  writing  the  date, 
and  the  post,  station  or  ship,  when  and  where  any  such  oath 
or  acknowledgment  is  administered,  and  shall  add  after  his 
signature  his  rank  and  organization  or  ship. 

Section  19.  The  time  of  the  absence  from  the  common- 
wealth of  any  person  engaged  in  the  military  or  naval  serv- 
ice of  the  United  States  during  said  emergency  shall  not  be 
taken  as  part  of  the  period  limited  for  the  prosecution  of 
actions  by  or  against  such  persons;  provided,  that  nothing 
herein  contained  shall  have  the  effect  of  extending  said  period 
more  than  six  months  after  the  discharge  of  such  person 
from  such  service. 

Section  20.  When  judgment  shall  have  been  rendered 
upon  the  default  of  any  defendant  in  the  military  or  naval 
service  of  the  United  States  or  of  the  commonwealth  dur- 
ing said  emergency,  such  defendant  may,  within  six  months 
after  his  discharge  from  such  service,  as  of  right  and  without 
any  petition  therefor,  take  a  writ  of  review  out  of  the  court 
in  which  the  judgment  was  rendered,  in  manner  and  form 
as  provided  by  law. 

Section  21.  Whenever  in  any  suit  it  shall  be  made  to 
appear  to  the  court  that  any  defendant  is  in  the  military  or 
naval  service  of  the  United  States  or  of  the  commonwealth 
during  said  emergency,  the  court  may,  in  its  discretion,  order 
the  suit  to  be  continued  as  to  such  defendant  without  costs 
to  either  part}^ ;  and  if  in  such  suit  any  person  be  summoned 
as  trustee  of  such  defendant,  or  a  person  summoned  in  any 
suit  as  trustee  be  in  such  service,  the  court  may  also,  in  its 
discretion,  suspend  the  proceedings  against  such  alleged  trus- 
tee without  costs  to  either  party;  provided,  that  no  such 
continuance  shall  be  allowed  beyond  the  period  of  six  months 
after  the  discharge  of  such  principal  defendant  or  alleged 
trustee  from  such  service. 

Section  22.  None  of  the  provisions  of  sections  nineteen, 
twenty  and  twenty-one  of  this  act  shall  be  deemed  to  apply 
to  any  case  in  which  an  executor  or  administrator  is  a  party 
defendant  nor  shall  the  provisions  of  section  twenty  apply 
to  a  proceeding  brought  under  the  provisions  of  chapter 
twenty-five  of  the  acts  of  the  current  year, 

Section  23.  Any  license,  permit  or  certificate  of  regis- 
tration issued  by  any  department,  division,  board,  commis- 
sion or  officer  of  the  commonwealth  that  expires  while  the 
holder  thereof  is  serving  in  the  military  or  naval  service  of 
the  United  States  may  be  renewed  within  four  months  after 
the  termination  by  such  holder  of  such  service,  to  the  same 
extent  as  though  the  application  for  such  renewal  were  made 
upon  the  expiration  of  such  license,  permit  or  certificate  of 
registration;  provided,  that  nothing  in  this  section  shall  be 
construed  to  authorize  such  holder  of  a  license,  permit  or 
certificate  of  registration  to  exercise  any  rights  thereunder 
after  its  expiration  and  prior  to  its  renewal  as  aforesaid. 


Acts,  1941.  — Chap.  709.  1097 

Section  24.  Any  person  who  returns  or  is  restored  to 
service  in  an  office  or  position  in  the  service  of  the  common- 
wealth or  any  poHtical  subdivision  thereof  within  one  year 
after  having  served  in  the  military  or  naval  forces  of  the 
United  States  shall  be  entitled  to  all  seniority  rights  to  which 
he  would  have  been  entitled  if  his  service  had  not  been  in- 
terrupted by  such  military  or  naval  service,  and  any  such 
person  whose  salary  is  fixed  under  a  classified  compensation 
plan  shall  be  eligible  to  a  salary  rate  which  includes  accrued 
step-rate  increments  to  which  he  would  have  been  eligible 
except  for  absence  on  such  military  or  naval  service. 

Section  25.  Service  in  the  military  or  naval  forces  of 
the  United  States  referred  to  in  this  act  shall,  except  as 
otherwise  provided  thereby,  mean  such  service  occurring  on 
or  after  July  first,  nineteen  hundred  and  forty  and  prior  to 
January  first,  nineteen  hundred  and  forty-four. 

Approved  October  29,  191^1. 


An  Act  relative  to  certain  deputies  and  assistants  Chap. 709 
IN  the  division  of  employment  security  in  the  de- 
partment OF  LABOR  AND  INDUSTRIES. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  prevent  the  receipt  by  the  commonwealth  of  federal  funds  ^^^^"^ 
for  the  administration  of  the  unemployment  compensation 
law,  therefore  it  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.  The  director  of  the  division  of  employment 
security  in  the  department  of  labor  and  industries  shall 
transmit  to  the  director  of  civil  service  a  list  of  the  deputies 
or  assistants  who  were  appointed  under  section  nine  I  of 
chapter  twenty-three  of  the  General  Laws  and  who  upon 
the  effective  date  of  this  act  are  incumbents  of  said  offices. 

Section  2.  The  director  of  civil  service  on  receipt  of  said 
list  shall  forthwith  proceed  to  give  a  qualifying  examination 
to  each  deputy  or  assistant  on  said  list  to  determine  his 
qualifications  to  perform  the  duties  of  said  position  of  deputy 
or  assistant,  as  the  case  may.be. 

Section  3.  If  any  such  deputy  or  assistant  fails  to  pass 
such  qualifying  examination  said  director  shall  transmit  to 
the  director  of  the  division  of  employment  security  notice 
of  the  results  of  said  examination,  whereupon  the  services 
of  said  assistant  or  deputy  shall  be  terminated. 

The  director  of  civil  service  shall  certify  to  the  position  of 
assistant  directors  such  deputies  and  assistants  as  pass  such 
qualifying  examination,  and  they  shall  be  deemed  to  be  per- 
manently appointed  thereto  without  serving  any  probation- 
ary period,  and  their  tenure  of  office  or  employment  shall 
be  unlimited,  subject,  however,  to  the  civil  service  laws. 


1098 


Acts,  1941.  — Chap.  709. 


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


Division  of 

employment 

security. 


G.  L.  (Ter. 
Ed.),  23, 
§  9K.  etc., 
amended. 

Deputy  or 

assistant 

directors. 


G.  L.  (Ter. 
Ed.),  23, 
§  9L,  etc., 
amended. 


Bureau  of 
public  employ- 
ment offices. 


Section  4.  Section  nine  I  of  chapter  twenty-three  of  the 
General  Laws,  as  appearing  in  section  one  of  chapter  twenty 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  and  as  sub- 
sequently amended,  is  hereby  further  amended  by' striking 
out  paragraph  (a),  as  amended,  and  inserting  in  place  thereof 
the  f ollowmg  paragraph :  — 

(a)  There  shall  be  in  the  department,  but  not  subject  to 
its  direction,  a  division  of  employment  security,  in  this  and 
in  sections  nine  J  to  nine  N,  inclusive,  called  the  division, 
which  shall  be  under  the  supervision  and  control  of  a  direc- 
tor, in  said  sections  called  the  director,  who  shall  be  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of 
the  council,  for  a  term  of  five  years  and  shall  administer 
the  provisions  of  chapter  one  hundred  and  fifty-one  A.  The 
director  shall  devote  his  whole  time  in  ofiice  hours  to  the 
duties  of  his  affice  and  he  shall  not  serve  on  any  political 
committee  of  any  political  party.  Said  office  and  the  in- 
cumbent thereof  shall  not  be  subject  to  chapter  thirty-one 
and  the  rules  and  regulations  made  thereunder. 

Section  5.  Section  nine  K  of  chapter  twenty-three  of 
the  General  Laws,  as  amended  by  section  one  of  chapter 
twenty  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 
hereby  further  amended  by  striking  out  the  first  sentence 
and  inserting  in  place  thereof  the  following  new  sentence: 
—  Subject  to  appropriation,  the  director  may  appoint  and 
employ  all  deputy  or  assistant  directors,  one  of  whom  shall 
be  designated  to  be  the  labor  relations  representative,  of- 
ficers, accountants,  clerks,  secretaries,  agents,  investigators, 
auditors  and  other  officers  and  employees,  necessary  for  the 
proper  administration  of  chapter  one  hundred  and  fifty- 
one  A. 

Section  6.  Section  nine  L  of  said  chapter  twenty-three, 
as  so  amended,  is  hereby  further  amended  by  strilang  out 
in  the  fourth  fine  the  words  "nine  I"  and  inserting  in  place 
thereof  the  words :  — -  nine  K,  —  so  as  to  read  as  follows :  — 
Section  9L.  There  shall  be  in  the  division,  subject  to  the 
supervision  and  control  of  the  director,  a  bureau  of  public 
employment  offices  in  charge  of  one  of  the  deputies  or  as- 
sistants appointed  under  section  nine  K  and  designated  by 
the  director.  It  shall  have  control  of  the  establishment, 
maintenance  and  operation  of  free  public  employment  offices 
by  the  commonwealth.  The  division  shall  be  the  state  agency 
for  co-operation  with  the  United  States  Employment  Serv- 
ice under  chapter  forty-nine  of  the  acts  of  the  seventy-third 
congress,  session  I,  known  as  the  Wagner-Peyser  Act,  and 
shall  have  all  the  powers  of  such  an  agency  as  specified  in 
said  act.  Approved  October  29,  1941. 


Acts,  1941.  — Chap.  710.  1099 


An  Act  relative  to  the  registration  and  operation  of  Qhny  71 Q 

CERTAIN    BICYCLES. 

Be  it  enacted,  etc.,  as  follows:. 

Section  1.  Chapter  eighty-five  of  the  General  Laws  is  g-  l.  (Ter. 
hereby  amended  by  inserting  after  section  eleven,  as  appear-  new'^^hx, 
ing  in  the  Tercentenary  Edition,  the  following  new  section:  inserted. 
—  Section  11  A.  No  resident  of  any  city  which  accepts  this  ^f'^flf 'j*'"" 
section  by  vote  of  its  city  council,  or  of  any  town  which  gj^  ^j^  ^^^^^^j 
accepts  this  section  by  vote  of  the  town,  shall  operate  a  agencies  regu- 
bicycle  within  the  limits  thereof,  unless  such  bicycle  is  '"*®'*' 
registered  under  this  section  in  such  cit}^  or  town  and  unless 
the  registration  plate  issued  therefor  is  attached  to  such 
bicycle.  The  police  department  of  such  a  city  or  town,  or 
the  selectmen  of  such  a  town  having  no  organized  police 
department,  shall  register  all  bicycles  owned  by  persons 
residing  within  the  city  or  town  and  issue  to  the  owners 
thereof  certificates  of  registration,  which  shall  be  in  effect, 
unless  suspended  as  hereinafter  provided,  so  long  as  such 
registrants  own  said  bicycles.  The  application  for  registra- 
tion shall  contain  the  name,  address  and  age  of  the  owner, 
the  make  of  the  bicycle,  and  serial  number,  if  any,  affixed 
by  the  maker,  or  any  other  identifying  marks.  The  certifi- 
cate of  registration  shall  contain  the  name  and  address  of 
the  owner,  a  description  of  the  bicycle  and  a  register  num- 
ber. Every  bicycle  so  registered  shall  have  attached  thereto 
a  registration  plate  furnished  by  the  police  department  or 
the  selectmen,  as  the  case  may  be,  of  the  city  or  town  where 
registered.  Such  plate  shall  bear  the  register  number 
assigned  to  the  bicycle  and  the  name  of  the  city  or  town 
where  registered.  Upon  the  sale  or  other  transfer  of  a  regis- 
tered bicycle,  the  registrant  shall  remove  the  registration 
plate  and  surrender  the  same  to  the  police  department  or 
the  selectmen,  as  the  case  may  be,  or  may,  upon  appli- 
cation but  without  payment  of  an  additional  fee,  have  said 
plate  assigned  to  another  bicycle  owned  by  the  apphcant. 
A  bicycle  rental  agency  in  any  city  or  town  which  accepts  this 
section  shall  not  rent  or  offer  any  bicycle  for  rent  unless  the 
bicycle  is  registered  and  a  registration  plate  is  attached 
thereto  as  provided  herein.  Every  person  engaged  in  the 
business  of  buying  or  selling  new  or  second  hand  bicycles 
in  such  a  city  or  town  shall  make  a  report  to  the  said  police 
department  or  selectmen,  as  the  case  may  be,  of  every  bi- 
cycle purchased  or  sold  by  such  dealer,  giving  the  name  and 
address  of  the  person  from  whom  purchased  or  to  whom 
sold,  a  description  of  such  bicycle  by  name  or  make,  and 
the  number  of  the  registration  plate,  if  any,  attached  thereto. 
Blank  forms  of  applications  and  certificates  for  use  in  carry- 
ing out  the  provisions  of  this  section  shall  be  prepared  and 
furnished  by  the  commissioner  of  public  safety  to  all  such 
cities  and  towns  at  their  expense.  Every  bicycle  shall  be 
equipped  with  a  red  reflector  visible  from  the  rear  and  at 


1100  Acts,  1941.  — Chap.  711. 

least  two  inches  in  diameter.  A  fee  of  not  more  than  twenty- 
five  cents  shall  be  collected  for  each  registration  plate  and 
certificate  issued  under  this  section. 

In  such  cities  and  towns,  operators  of  bicycles  shall  con- 
form to  traffic  rules  and  regulations  so  far  as  they  are  ob- 
viously and  reasonably  applicable  for  their  own  safety.  No 
operator  of  a  bicycle  shall  permit  any  person  in  excess  of 
the  number  for  which  such  bicycle  is  designed  and  equipped, 
to  ride  thereon  with  him,  and  no  operator  of  a  bicycle  shall 
permit  it  to  be  drawn  by  any  other  moving  vehicle.  Viola- 
tion of  any  provision  of  this  section  shall  be  punished  by  a 
fine  of  one  dollar  and  in  addition  the  police  department  of 
such  a  city  or  town,  or  the  selectmen  of  such  a  town  having 
no  organized  police  department,  may  suspend  the  registra- 
tion certificate  of  any  registered  bicycle  operated  in  viola- 
tion of  any  such  provision.  In  case  the  person  operating  a 
bicycle  in  violation  of  any  such  provision  is  a  minor,  the 
police  department,  or  the  selectmen,  as  the  case  may  be, 
instead  of  prosecuting  such  minor  hereunder,  may,  with  the 
consent  of  his  parent  or  guardian,  impound  such  bicycle 
for  a  period  not  exceeding  fifteen  days.  This  section  shall 
apply  only  to  a  bicycle  at  least  one  wheel  of  which  exceeds 
twentj^  inches  in  diameter.  No  violation  of  any  of  the  pro- 
visions of  this  section  relative  to  the  registration  of  bicycles 
shall  affect  any  civil  right  or  liability,  nor  shall  any  such 
violation  by  a  minor  under  the  age  of  eighteen  be  considered 
a  criminal  offense. 
G-L.(Ter.  SECTION  2.     Sections  twelvc,   thirteen  and  fourteen  of 

§1 12-14,  said  chapter  eighty-five,  as  so  appearing,  are  hereby  repealed. 

'^p^^^^'^-  Approved  October  29,  1941. 


Chap. 711  -^^  Act  relative  to  the  boston  terminal  company,  the 

ASSESSMENT   OF   ITS   REAL    ESTATE,    AND    THE    PAYMENT   OF 
TAXES   THEREON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  chapter  five  hundred  and. 
sixteen  of  the  acts  of  eighteen  hundred  and  ninety-six,  as 
amended  by  chapter  three  hundred  and  sixty-three  of  the 
acts  of  nineteen  hundred  and  twenty-one,  shall,  subject  to 
the  changes  hereinafter  specified,  apply  to  any  railroad  com- 
pany which  by  reason  of  reorganization  under  the  bank- 
ruptcy laws  of  the  United  States  shall  have  acquired  the 
property,  assets,  or  franchises  of  any  or  all  of  the  railroad 
companies  named  in  the  said  chapter  five  hundred  and 
sixteen. 

Section  2.  Upon  and  after  the  effective  date  of  the  con- 
veyance, pursuant  to  a  plan  of  reorganization  under  said 
bankruptcy  laws  of  the  United  States,  to  the  reorganized 
New  York,  New  Haven  and  Hartford  Railroad  Company  of 
the  property,  assets,  and  franchises  of  the  Boston  and  Provi- 
dence Railroad  Corporation  and  the  Old  Colony  Railroad 


Acts,  1941.  — Chap.  711.  1101 

Company,  there  shall  be  exempt  from  local  taxation  so  much 
of  the  real  estate  described  in  said  chapter  five  hundred 
and  sixteen  and  used  for  railroad  purposes  as  lies  within  the 
following  areas,  as  shown  on  "Plan  of  Boston  Terminal  Co. 
property  showing  -1-5  rod  strips  of  land  between  Fort  Point 
Channel  and  southerly  end  of  shelters,  Boston,  July  8,  1941. 
Henry  C.  Mildram,  Real  Est.  Engr.",  on  file  in  the  office  of 
the  state  secretary :  — 

(a)  In  the  part  of  the  land  used  for  operation,  manage- 
ment, and  maintenance  of  lines  of  the  Old  Colony  Railroad 
Company  immediately  before  the  effective  date  of  said  con- 
veyance, a  strip  five  rods  wide  beginning  at  Fort  Point  chan- 
nel and  Dorchester  avenue  and  extending  northerly  eight 
hundred  and  eight  feet  more  or  less  on  the  easterly  side  and 
one  thousand  and  sixty-three  feet  more  or  less  on  the  west- 
erly side  to  a  line  eight  hundred  and  ninety  feet  south  of 
the  concourse  of  the  present  station  and  running  parallel 
thereto  through  the  southerly  end  of  the  platform  shelter 
extending  farthest  from  the  concourse,  comprising  a  total 
area  of  seventj^-four  thousand  square  feet  more  or  less,  but 
not  including  any  building,  appurtenance  or  other  improve- 
ment on  said  land,  except  tracks,  platforms,  canopies,  signal 
apparatus  and  appurtenances. 

(b)  In  the  part  of  the  land  used  for  operation,  manage- 
ment, and  maintenance  of  lines  of  the  New  York,  New 
Haven  and  Hartford  Railroad  Company  immediately  before 
the  effective  date  of  said  conveyance,  a  strip  five  rods  wide 
beginning  at  Fort  Point  channel  and  extending  northerly 
one  thousand  and  sixty-three  feet  more  or  less  on  the  easterly 
side  and  one  thousand  one  hundred  and  seventy  feet  more 
or  less  on  the  westerly  side  to  the  said  line  running  through 
the  southerly  end  of  the  platform  shelter  extending  farthest 
from  the  concourse,  comprising  a  total  area  of  ninety-two 
thousand  one  hundred  square  feet  more  or  less,  but  not 
including  any  building,  appurteliance  or  other  improvement 
on  said  land,  except  tracks,  platforms,  canopies,  signal  ap- 
paratus and  appurtenances. 

(c)  In  the  part  of  the  land  used  for  operation,  manage- 
ment, and  maintenance  of  lines  of  the  Boston  and  Provi- 
dence Railroad  Corporation  immediately  before  the  effec- 
tive date  of  said  conveyance,  a  strip  five  rods  wide  beginning 
at  Fort  Point  channel  and  extending  northerly  one  thousand 
two  hundred  and  sixty  feet  more  or  less  on  the  easterly  side 
and  one  thousand  thi-ee  hundred  and  sixty-five  feet  more  or 
less  on  the  westerly  side  to  the  said  line  running  through  the 
southerly  end  of  the  platform  shelter  extending  farthest  from 
the  concourse,  comprising  a  total  area  of  one  hundred  and 
eight  thousand  three  hundred  square  feet  more  or  less,  but 
not  including  any  building,  appurtenance  or  other  improve- 
ment on  said  land,  except  tracks,  platforms,  canopies,  signal 
apparatus  and  appurtenances. 

(d)  In  the  part  of  the  land  used  for  operation,  manage- 
ment, and  maintenance  of  lines  of  the  Boston  and  Albany 


1102  Acts,  1941.  — Chap.  711. 

Railroad  Company  a  strip  five  rods  wide  beginning  at  Fort 
Point  channel  and  extending  northerly  one  thousand  three 
hundred  and  sixty-five  feet  more  or  less  on  the  easterly  side 
and  one  thousand  four  hundred  and  seventy-five  feet  more 
or  less  on  the  westerly  side  to  the  said  line  running  through 
the  southerly  end  of  the  platform  shelter  extending  farthest 
from  the  concourse,  comprising  a  total  area  of  one  hundred 
and  seventeen  thousand  one  hundred  and  fifty  square  feet 
moi-e  or  less,  but  not  including  any  building,  appurtenance 
or  other  improvement  on  said  land,  except  tracks,  plat- 
forms, canopies,  signal  apparatus  and  appurtenances. 

Provided,  however,  that  none  of  the  said  land  used  by  the 
reorganized  New  York,  New  Haven  and  Hartford  Railroad 
Company  as  described  in  this  section  shall  be  exempt  pur- 
suant to  this  section  if  railroad  service  into  or  out  of  the 
city  of  Boston  upon  any  of  the  lines  owned  or  formerly 
owned  by  the  Old  Colony  Railroad  Company,  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  or  the 
Boston  and  Providence  Railroad  Corporation  is  discon- 
tinued or  substantially  diminished  after  the  effective  date 
of  this  act  other  than  with  the  permission  of  the  department 
of  public  utilities;  and  that  none  of  the  land  used  by  the 
Boston  and  Albany  Railroad  Company  as  described  in  this 
section  shall  be  exempt  pursuant  to  this  section  if  railroad 
service  into  or  out  of  the  city  of  Boston  upon  any  of  the 
lines  of  the  said  Boston  and  Albany  Railroad  Company  is 
discontinued  or  substantially  diminished  after  the  effective 
date  of  this  act  other  than  with  the  permission  of  the  depart- 
ment of  public  utilities. 

Section  3.  Upon  and  after  the  effective  date  of  the  con- 
veyance, pursuant  to  a  plan  of  reorganization  under  said 
bankruptcy  laws  of  the  United  States,  to  the  reorganized 
New  York,  New  Haven  and  Hartford  Railroad  Company 
of  the  property,  assets  and  franchises  of  the  Boston  and 
Providence  Railroad  Corporation  and  the  Old  Colony  Rail- 
road Company,  the  Boston  and  Albany  Railroad  Company 
and  the  reorganized  New  York,  New  Haven  and  Hartford 
Railroad  Company  shall,  in  the  assessment  of  real  estate 
taxes  under  section  twenty-five  of  said  chapter  five  hundred 
and  sixteen,  each  be  deemed  to  be  the  owner  of  said  real 
estate  in  the  proportion  in  which  each  of  said  two  railroad 
companies  then  has  the  use  thereof  under  the  said  act  as 
afi'ected  by  this  act;  but  nothing  herein  shall  affect  the 
existence  or  enforcement  of  any  lien  elsewhere  provided  for 
by  law  on  account  of  such  taxes. 

Approved  October  29,  1941- 


Acts,  1941.— Chap.  712.  1103 


An   Act   creating   an    unpaid    special    commission   to  (Jhn'r)  710 

REGULATE   THE   USE   OF  THE   WATERS   OF   LAKE    BOONE,   TO  ^' 

BE    KNOWN    AS    THE    LAKE    BOONE    COMMISSION,    AND    DE- 
FINING ITS  POWERS  AND  DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  created  a  commission,  which 
shall  be  known  as  the  Lake  Boone  Commission,  consisting 
of  three  persons,  two  of  whom  shall  be  appointed  by  the 
selectmen  of  the  town  of  Stow,  and  one  by  the  selectmen  of 
the  town  of  Hudson.  Said  commission  shall  elect  from  its 
membership  a  chairman  and  a  clerk  and  shall  meet  quarterly 
or  oftener  at  the  call  of  the  chairman.  In  the  making  of  initial 
appointment  hereunder,  one  of  the  appointees  of  the  select- 
men of  the  town  of  Stow  shall  be  appointed  for  the  term  of 
one  year,  the  other  appointee  of  the  selectmen  of  the  town  of 
Stow  shall  be  appointed  for  the  term  of  two  years,  and  the 
appointee  of  the  selectmen  of  the  town  of  Hudson  shall  be 
appointed  for  the  term  of  three  years.  Upon  the  expiration 
of  the  term  of  any  member,  his  successor  shall  be  appointed, 
in  like  manner  as  in  the  case  of  the  original  appointment, 
for  the  term  of  three  years.  Vacancies  in  said  commis- 
sion caused  otherwise  than  by  expiration  of  term  of  service 
shall  be  filled  for  the  balance  of  the  unexpired  term  in  like 
manner  as  in  the  case  of  original  appointments.  The  com- 
missioners shall  serve  without  compensation. 

Section  2.  The  said  commissioners  may,  after  notice 
and  a  public  hearing  held  at  a  suitable  time  and  place, 
establish  reasonable  rules  and  regulations  for  the  protection 
and  policing  of  the  waters  of  Lake  Boone  within  the  towns 
of  Stow  and  Hudson,  and  for  permitting  and  regulating  the 
use  of  motor  boats,  other  boats  and  canoes  therein,  and  for 
regulating  the  conduct  of  persons  upon,  or  bathing  in,  the 
waters  of  said  lake;  and  said  commissioners  may,  after 
notice  and  a  public  hearing  as  aforesaid,  from  time  to  time 
alter,  add  to  or  repeal  the  rules  and  regulations  made  here- 
under. Nothing  in  this  section  shall  be  construed  to  au- 
thorize said  commissioners  to  make  any  rule  or  regulation 
affecting  the  flow  of  water  of  said  lake. 

Section  3.  Said  commission  may  make  rules  and  regu- 
lations relative  to  the  conduct  of  the  business  of  renting 
boats  and  canoes  of  any  description  to  be  used  upon  the 
waters  of  said  lake,  and  relative  to  the  maintenance  and  use 
of  bathing  houses  adjacent  thereto. 

Section  4.  No  person  shall  engage  in  the  business  of 
renting  boats  or  canoes  to  be  used  upon  the  waters  of  said 
lake  until  he  shall  obtain  from  the  selectmen  of  the  town  in 
which  the  business  is  to  be  conducted,  a  permit  so  to  do, 
which  permit  shall  be  for  such  time,  in  such  form  and  subject 
to  such  restrictions  as  may  from  time  to  time  be  determined 
by  said  commission. 


1104  Acts,  1941.  — Chap.  713. 

Section  5.  Said  commission  shall  cause  the  rules  and 
regulations  made  by  it  to  be  published  three  times  in  one 
or  more  newspapers  published  in  the  town  of  Hudson,  which 
pubhcation  shall  be  sufficient  notice  to  all  persons.  The 
sworn  certificate  of  any  member  of  such  commission  or  of 
its  clerk  that  said  rules  and  regulations  have  been  made 
and  published  shall  be  prima  facie  evidence  thereof.  A  copy 
of  the  rules  and  regulations  attested  by  any  member  of  the 
commission,  or  by  its  clerk,  shall  be  prima  facie  evidence 
that  the  said  rules  and  regulations  were  made  by  the  com- 
mission as  provided  in  this  act. 

Section  6.  No  person  shall  operate  a  motor  boat  or  boat 
propelled  by  other  than  muscular  power  upon  the  waters  of 
said  lake  unless  the  owner  or  person  in  possession  of  the  boat 
shall  have  obtained  from  the  selectmen  of  the  town  of  Stow, 
if  he  resides  therein,  otherwise  from  the  selectmen  of  the 
town  of  Hudson,  a  permit  to  allow  said  boat  to  be  operated. 
Such  permit  shall  be  in  force  for  one  year,  and  shall  be  in 
such  form  and  subject  to  such  conditions  and  restrictions 
as  may  from  time  to  time  be  prescribed  by  said  commission. 
The  permit  shall  be  at  all  times  in  an  easily  accessible  place 
in  the  boat  when  the  same  is  being  operated. 

Section  7.  Any  officer  qualified  to  serve  criminal  process 
in  the  town  of  Stow  or  in  the  town  of  Hudson  may  patrol 
any  part  of  the  waters  of  said  lake,  and  shall  have  authority 
to  arrest  any  person  for  violating  any  law  of  the  common- 
wealth in,  on  or  adjacent  to  the  waters  of  said  lake,  or  any 
rule  or  regulation  established  under  the  authority  of  this 
act,  and  may  serve  warrants  and  make  arrests  therefor  on 
the  waters  of  said  lake  or  in  any  part  of  the  town  of  Hudson 
or  the  town  of  Stow. 

Section  8.  Nothing  herein  contained  shall  prevent  the 
enforcement  of  any  by-law  of  the  towai  of  Stow  or  of  the 
town  of  Hudson  upon  any  part  of  said  waters  lying  within 
the  limits  of  the  said  respective  towns. 

Section  9.  Any  person  who  violates  any  rule  or  regula- 
tion or  order  of  said  commission  or  any  provision  of  this  act 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Section  10.  All  expense  incurred  by  said  commission  for 
printing  and  advertising  shall  be  borne  equally  by  the  towns 
of  Stow  and  Hudson. 

Section  11.    This  act  shall  take  effect  upon  its  passage. 

Approved  October  30,  1941. 


Chap. 7 IS  An  Act  authorizing  the  department  of  public  utili- 
ties TO  REGULATE  RATES  FOR  THE  TRANSPORTATION  OF 
PERSONS  OR  PROPERTY  WITHIN  THE  COMMONWEALTH  BY 
COMMON    CARRIERS   BY   AIRCRAFT. 

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

n^w'§\^4A,       is  hereby  amended  by  inserting  after  section  fourteen,  as 

inserted. 


Acts,  1941.— Chap.  713.  1105 

appearing  in  the  Tercentenary  Edition,  the  following  new 
section: —  Section  I4A.    Every  common  carrier  by  aircraft  nion^carriTr"" 
maintaining  an  established  service  over  regular  scheduled  by  aircraft 
routes  for  general  public  service  shall  publish  and  file  with  ""^s^^*^^*^- 
the  department  and  keep  open  for  public  inspection  tariffs  i^spectfon"! 
containing  all  its  rates  and  charges  for  transportation  of 
persons  or  property,  and  all  services  in  connection  there- 
with, between  points  within  the  commonwealth.    Such  rates 
and  charges  shall  be  stated  in  lawful  money  of  the  United 
States.    The  department  may  reject  any  such  tariff  filed  with 
it  which  is  not  consistent  with  this  section  and  with  its  orders, 
rules  and  regulations  made  thereunder. 

Every  such  carrier  shall  establish,  observe  and  enforce 
just  and  reasonable  rates,  charges  and  classifications,  and 
reasonable  regulations  and  practices  relating  thereto,  which 
shall  become  effective  on  a  date  fixed  by  such  carrier,  which 
date  shall  be  at  least  thirty  days  after  the  filing  of  the  tariff 
containing  the  same,  unless  suspended  by  the  department 
prior  to  its  effective  date  upon  complaint  of  any  person 
or  body  politic,  or  by.  the  department  on  its  own  motion; 
provided,  that  such  a  rate  may  be  established  to  become 
effective  within  said  thirty  days  in  order  to  meet  the  then 
existing  rate  of  any  competing  common  carrier,  in  which 
case  it  may  become  effective  upon  the  effective  date  of  the 
rate  of  such  competing  carrier  or  at  any  time  thereafter  if 
established  thereafter,  upon  the  filing  of  a  tariff  or  supple- 
ment thereto,  consistent  with  such  reasonable  orders,  rules 
and  regulations  as  the  department  may  deem  necessary  per- 
taining to  the  form  of  tariff  schedules,  the  time  and  manner 
of  filing  thereof,  the  suspension  of  rates  before  the  same 
become  effective  and  hearings  upon  the  validity  of  any  filed 
or  existing  rate  or  rates;  and  provided,  further,  that  the  de- 
partment, for  cause  shown,  may  allow  publication  of  rates, 
or  of  changes  therein,  upon  notice  less  than  hereinbefore 
specified,  or  may  modify  the  requirements  of  this  section 
with  respect  to  posting  and  filing  of  tariffs,  either  in  particu- 
lar instances  or  by  general  order  applicable  to  special  or 
peculiar  circumstances  or  conditions. 

No  such  carrier  shall  charge,  demand,  collect  or  receive 
compensation  for  transportation,  or  for  any  service  in  con- 
nection therewith,  between  the  points  enumerated  in  such 
tariff,  differing  from,  or  other  than,  the  rates  and  charges 
specified  in  the  tariffs  in  effect  at  the  time;  and  no  such  car- 
rier shall  refund  or  remit  in  any  manner  or  by  any  device, 
directly  or  indirectly,  or  through  any  agent  or  broker,  or 
otherwise,  any  portion  of  the  rates  or  charges  so  specified, 
or  extend  to  any  person  any  privilege  or  faciUties  for  trans- 
portation except  such  as  are  specified  in  its  tariffs. 

The  department,  upon  complaint  of  any  person,  or  upon 
its  own  motion,  after  due  notice  and  a  hearing,  may  allow  or 
disallow  any  filed  or  existing  rates  and  may  alter  or  pre- 
scribe the  rates  in  connection  with  the  transportation  of 
persons,  or  of  any  or  all  classes  of  property,  by  common 


1106  Acts,  1941.  — Chap.  714. 

carrier  by  aircraft  between  points  within  the  commonwealth, 
and  any  service  connected  therewith.  Whenever,  upon 
complaint  or  in  an  investigation  on  its  own  initiative,  the 
department,  after  due  notice  and  a  hearing,  shall  be  of  the 
opinion  that  any  rate  or  charge  demanded,  charged  or  col- 
lected by  any  common  carrier  by  aircraft,  or  any  classifica- 
tion, rule,  regulation  or  practice  whatsoever  of  such  carrier 
affecting  such  rate,  charge  or  the  value  of  the  service  there- 
under, is  or  will  be  unjust  or  unreasonable,  unjustly  dis- 
criminatory, unduly  preferential  or  unduly  prejudicial,  it 
shall  determine  and  prescribe  the  lawful  rate  or  charge,  or 
the  maximum  or  minimum  rate  or  charge,  thereafter  to  be 
observed,  or  the  lawful  classification,  rule,  regulation  or  prac- 
tice thereafter  to  be  made  effective,  by  such  carrier. 

In  carrying  out  the  provisions  of  this  section  the  depart- 
ment shall  give  due  consideration,  among  other  factors,  to 
the  inherent  advantages  of  transportation  by  such  carrier, 
to  the  effect  of  any  rates  under  consideration  upon  the  move- 
ment of  traffic  by  such  carriers,  to  the  need  in  the  public 
interest  of  adequate  and  efiicient  transportation  service  by 
such  carriers,  to  the  cost  of  service  and  to  the  need  of  reve- 
nues sufficient  to  enable  such  carriers  under  honest,  economi- 
cal and  efiicient  management  to  provide  such  service. 

No  common  carrier  by  aircraft  shall  engage  in  the  trans- 
portation of  persons  or  property  between  points  within  the 
commonwealth  unless  the  rates  and  charges  upon  which  the 
same  are  or  is  transported  by  said  carrier  shall  have  been 
filed  and  published  in  accordance  with  this  section. 

Approved  October  30,  1941- 


Chap.714:  A.N  Act  authorizing  the  department  of  public  works 

TO  ACQUIRE  CERTAIN  WATERFRONT  PROPERTIES  IN  THE 
CITY  OF  BOSTON,  TO  CONSTRUCT  A  PIER  THEREON  AND  TO 
LEASE   THE   SAME. 

pr'^^bi""^  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  perform  with  the  utmost 
possible  expedition  certain  work  necessary  for  the  national 
defense,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  imposed  in  this 
section,  the  department  of  public  works,  in  this  act  called 
the  department,  for  the  purpose  of  improving  the  pier  facili- 
ties in  the  port  of  Boston,  is  hereby  authorized  to  acquire 
under  the  provisions  of  chapter  eighty  A  of  the  General 
Laws  property  of  the  Boston  and  Maine  Railroad  being 
that  portion  of  the  property  known  as  the  Mystic  Wharves 
lying  easterly  of  Chelsea  street  and  now  known  and  more 
particularly  numbered  as  piers  46,  47,  48,  49  and  50  together 
with  such  lands  on  the  westerly  side  of  said  Chelsea  street 


Acts,  1941.  —  Chap.  714. .  1107 

as  may  be  necessary  for  the  construction  of  a  ramp  or 
ramps,  and  other  accessories,  all  to  such  extent  as  may  be 
necessary  to  develop  a  waterfront  terminal  with  highway 
and  railroad  connections  on  said  property  and  may  construct 
a  pier  thereon  substantially  in  the  location  of  said  piers  46 
and  47,  but  extending  a  distance  of  not  more  than  two 
hundred  feet  beyond  any  line  limiting  structures  in  tide- 
water heretofore  established,  notwithstanding  any  other 
provision  of  law,  with  sheds,  tracks,  roadways  and  appur- 
tenances, and  may  dredge  berths  and  approaches  thereto 
and  provide  such  other  accessories  as  it  may  deem  desir- 
able; provided,  that  nothing  shall  be  done  under  this  act 
unless  and  until  the  department  is  satisfied  that  labor  and 
materials  are  available  for  the  performance  of  the  work 
provided  for  by  this  act;  and  provided,  further,  that  the 
department  shall  first  have  executed  a  written  contract, 
approved  by  the  governor  and  council,  with  some  respon- 
sible party  providing  for  the  lease  of  said  property  for  the 
period  and  upon  the  terms  hereinafter  provided.  Said  lease 
shall  be  for  a  term  beginning  on  the  date  on  which  the 
property  is  acquired  and  ending  on  June  thirtieth,  nineteen 
hundred  and  sixty-three,  shall  provide  for  a  basic  rental  of 
seventy-two  thousand  dollars  per  annum  for  said  term, 
shall  provide  that  for  the  balance  of  the  term  after  the 
date  of  the  completion  of  said  pier  as  determined  by  the 
department,  the  lessee  shall  pay  to  the  commonwealth  an 
additional  amount  of  eighty-eight  thousand  dollars  per 
annum,  and  shall  provide  that  at  the  expiration  of  the  term 
of  the  lease,  provided  that  the  lease  is  continued  in  full 
force  and  effect  at  all  times  during  such  term,  it  may  at  the 
option  of  the  lessee  be  renewed  for  a  further  period  of  twenty 
years  at  a  rental  of  such  amount  per  annum,  not  less  than 
one  hundred  and  ninety  thousand  dollars,  as  may  be  agreed 
upon  by  the  department  pr  its  successor  and  the  lessee  or, 
in  case  of  failure  so  to  agree,  as  may  be  determined  by  three 
arbitrators,  one  to  be  named  by  the  department  or  its  suc- 
cessor, one  by  the  lessee,  and  the  third  to  be  selected  by 
the  two  so  chosen.  Said  lease  shall  further  be  subject  to 
such  provisions  and  conditions  as  may  be  agreed  upon  by 
the  department  and  the  lessee.  The  cost  of  acquiring  and 
developing  such  property  with  the  facihties  hereinbefore 
specified  shall  not  exceed  four  miUion  seven  hundred  thou- 
sand dollars. 

Section  2.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall 
upon  request  of  the  department  issue  and  sell  at  public  or 
private  sale  bonds  of  the  commonwealth,  registered  or  with 
interest  coupons  attached,  as  he  may  deem  best,  to  an 
amount  to  be  specified  by  the  department  from  time  to 
time  but  not  exceeding,  in  the  aggregate,  the  sum  of  four 
miUion  seven  hundred  thousand  dollars.  All  bonds  issued 
by  the  commonwealth  as  aforesaid  shall  be  designated  on 
their  face  "Boston  Harbor  Terminal  Facilities  Loan, 


1108  Acts,  1941.  — Chap.  715.     ' 

1941"  and  shall  be  on  the  serial  payment  plan  for  such 
maximum  term  of  years,  not  exceeding  five  years,  as  the 
governor  may  recommend  to  the  general  court  pursuant  to 
section  3  of  Article  LXII  of  the  Amendments  to  the  Con- 
stitution of  the  Commonwealth,  the  maturities  thereof  to 
be  so  arranged  that  the  amount  payable  each  year  other 
than  the  final  year  shall  be  as  nearly  equal  as  in  the  opinion 
of  the  state  treasurer  it  is  practicable  to  make  them.  Said 
bonds  shall  bear  interest  semi-annually  at  such  rate  as  the 
state  treasurer,  with  the  approval  of  the  governor,  shall 
fix. 

Section  3.  The  commissioner  of  public  works  may  ap- 
point and  remove  such  engineering,  clerical  and  other 
assistants  as  the  work  authorized  in  this  act  may  require. 
Such  appointments  shall  be  subject  to  chapter  thirty-one  of 
the  General  Laws  and  the  rules  and  regulations  made  there- 
under but  may  be  made  on  a  temporary  basis  for  the  dura- 
tion of  the  period  required  for  the  completion  of  such  work 
or  for  any  portion  thereof,  any  provision  in  said  chapter 
thirty-one  or  said  rules  and  regulations  to  the  contrary  not- 
withstanding, and  the  commissioner  may  terminate  such 
appointments  whenever,  in  his  opinion,  the  necessity  therefor 
no  longer  exists,  and  the  commissioner  shall  terminate  such 
appointments  upon  the  completion  of  such  work  or,  as  to 
any  of  such  appointments  as  are  for  only  a  portion  of  such 
work,  upon  the  completion  of  said  portion. 

Approved  October  30.  1941. 


Chap. 7 15  An  Act  to  prohibit  the  sale  of  cigarettes  as  "loss- 
leaders"  WITH  INTENT  TO  INJURE  COMPETITORS  OR  TO 
DESTROY  COMPETITION,  AND  TO  STABILIZE  AND  INCREASE 
COLLECTIONS  UNDER  THE  CIGARETTE  TAX  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  This  act  shall  be  known  and  designated  as 
the  "Unfair  Cigarette  Sales  Act". 

Section  2.  When  used  in  this  act:  (a)  The  term  "cost 
to  the  retailer"  shall  mean  the  invoice  cost  of  the  cigarettes 
to  the  retailer,  or  the  replacement  cost  of  the  cigarettes  to 
the  retailer  within  thirty  days  prior  to  the  date  of  sale,  in 
the  quantity  last  purchased,  whichever  is  lower;  less  all 
trade  discounts  except  customary  discounts  for  cash;  to 
which  shall  be  added  the  cost  of  doing  business  by  the  said 
retailer  as  evidenced  by  the  standards  and  the  methods  of 
accounting  regularly  employed  by  him  in  his  allocation  of 
overhead  costs  and  expenses,  paid  or  incurred,  and  must 
include,  without  limitation,  labor  (including  salaries  of 
executives  and  officers),  rent,  depreciation,  selhng  costs, 
maintenance  of  equipment,  delivery  costs,  all  types  of  li- 
censes, taxes,  insurance  and  advertising. 

(6)  In  the  absence  of  proof  of  a  lesser  or  higher  cost  of 
doing  business  by  the  retailer  making  the  sale,  the  cost  of 


Acts,  1941.  — Chap.  715.  1109 

doing  business  to  the  retailer  shall  be  presumed  to  be  six 
per  centum  of  the  invoice  cost  of  the  cigarettes  to  the  re- 
tailer or  of  the  replacement  cost  of  the  cigarettes  to  the 
retailer  within  thirty  days  prior  to  the  date  of  sale  in  the 
quantity  last  purchased,  whichever  is  lower,  less  all  trade 
discounts  except  customary  discounts  for  cash. 

(c)  The  term  "cost  to  the  wholesaler"  shall  mean  the 
invoice  cost  of  the  cigarettes  to  the  wholesaler,  or  the  re- 
placement cost  of  the  cigarettes  to  the  wholesaler  within 
thirty  days  prior  to  the  date  of  sale,  in  the  quantity  last 
purchased,  whichever  is  lower;  less  all  trade  discounts 
except  customary  discounts  for  cash;  to  which  shall  be 
added  a  wholesaler's  mark-up  to  cover  in  part  the  cost  of 
doing  business,  which  wholesaler's  mark-up,  in  the  absence 
of  proof  of  a  lesser  cost  of  doing  business  by  the  said  whole- 
saler as  evidenced  by  the  standards  and  methods  of  account- 
ing regularly  employed  by  him  in  his  allocation  of  overhead 
costs  and  expenses,  paid  or  incurred,  including  without 
limitation,  labor,  salaries  of  executives  and  officers,  rent, 
depreciation,  selling  costs,  maintenance  of  equipment,  de- 
livery, delivery  costs,  all  types  of  licenses,  taxes,  insurance 
and  advertising,  shall  be  two  per  centum  of  said  invoice 
cost  of  the  cigarettes  to  the  wholesaler,  or  of  the  replace- 
ment cost  of  the  cigarettes  to  the  wholesaler  within  thirty 
days  prior  to  the  date  of  sale  in  the  quantity  last  purchased, 
whichever  is  lower,  less  all  trade  discounts  except  customary 
discounts  for  cash. 

(d)  In  the  absence  of  proof  of  a  lesser  or  higher  cost  of 
doing  business,  the  cost  of  doing  business  to  the  retailer, 
who  received  in  connection  with  the  retailer's  purchase  not 
only  the  discounts  ordinarily  allowed  upon  purchases  by  a 
retailer  but  also  in  whole  or  in  part  the  discounts  ordinarily 
allowed  upon  purchases  by  a  wholesaler,  shall  be  presumed 
to  be  six  per  centum  of  both  the  invoice  cost  of  the  cigarettes 
to  such  retailer  or  the  replacement  cost  of  the  cigarettes  to 
such  retailer  within  thirty  days  prior  to  the  date  of  sale  in 
the  quantity  last  purchased,  whichever  is  lower,  less  all 
trade  discounts  except  customary  discounts  for  cash  and 
"wholesaler  mark-up". 

(e)  In  all  advertisements,  offers  for  sale  or  sales  involving 
two  or  more  items  at  a  combined  price  and  in  all  advertise- 
ments, offers  for  sale  or  sales  involving  the  giving  of  any 
concession  of  any  kind  whatsoever  (whether  it  be  coupons 
or  otherwise)  the  retailer's  or  wholesaler's  selling  price  shall 
not  be  below  the  "cost  to  the  retailer"  or  the  "cost  to  the 
wholesaler",  respectively,  of  all  articles,  products,  commodi- 
ties and  concessions  included  in  such  transactions. 

(/)  The  terms  "sell  at  retail",  "sales  at  retail"  and 
"retail  sales"  shall  mean  and  include  any  transfer  of  title 
to  tangible  personal  property  for  a  valuable  consideration 
made,  in  the  ordinary  course  of  trade  or  usual  prosecution 
of  the  seller's  business,  to  the  purchaser  for  consumption  or 
use.     The  terms  "sell  at  wholesale",  "sales  at  wholesale" 


1110  Acts,  1941.— Chap.  715. 

and  "wholesale  sales"  shall  mean  and  include  any  such 
transfer  of  title  to  tangible  personal  property  for  the  pur- 
pose of  resale. 

(g)  The  term  "retailer"  shall  mean  and  include  any  per- 
son who  is  licensed  to  sell  cigarettes  at  retail  within  this 
state  under  the  provisions  of  chapter  four  hundred  and 
seventeen  of  the  acts  of  nineteen  hundred  and  forty-one. 

(h)  The  term  "wholesaler"  shall  mean  and  include  any 
person  who  is  permitted  to  sell  cigarettes  at  wholesale  within 
this  state  under  the  provisions  of  said  chapter  four  hundred 
and  seventeen. 

(i)  The  term  "person"  shall  mean  an  individual,  a  cor- 
poration, a  partnership,  an  association,  a  joint-stock  com- 
pany, a  business  trust,  any  unincorporated  organization,  a 
receiver  or  trustee. 

Section  3.  (a)  It  shall  be  unlawful  for  any  retailer  with 
intent  to  injure  competitors,  destroy  substantially  or  lessen 
competition,  to  advertise,  offer  to  sell  or  sell  at  retail  ciga- 
rettes at  less  than  cost  to  the  retailer,  or  any  wholesaler, 
with  intent  to  injure  competitors,  destroy  substantially  or 
lessen  competition,  to  advertise,  offer  to  sell  or  sell  at  whole- 
sale cigarettes  at  less  than  cost  to  the  wholesaler  and  such 
retailer  or  wholesaler  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars. 

(6)  Evidence  of  advertisement,  offering  to  sell  or  sale  of 
cigarettes  by  any  retailer  or  wholesaler  at  less  than  cost  to 
him,  shall  be  prima  facie  evidence  of  intent  to  injure  com- 
petitors, destroy  substantially  or  lessen  competition. 

Section  4.  Any  individual  who  as  a  director,  officer, 
partner,  member,  or  agent  of  any  person  violating  the  pro- 
visions of  this  act,  assists  or  aids,  directly  or  indirectly,  in 
such  violation  shall,  equally  with  the  person  for  whom  he 
acts,  be  responsible  therefor  and  subject  to  the  punishment 
and  penalties  specified  in  subsection  (a)  of  this  section. 

Section  5.  The  provisions  of  this  act  shall  not  apply  to 
sales  at  retail  or  sales  at  wholesale  made:  (a)  in  an  isolated 
transaction  and  not  in  the  usual  course  of  business;  (6) 
where  cigarettes  are  advertised,  offered  for  sale  or  sold  in 
bona  fide  clearance  sales  for  the  purpose  of  discontinuing 
trade  in  such  cigarettes  and  said  advertising,  offer  to  sell  or 
sale  shall  state  the  reason  thereof  and  the  quantity  of  such 
cigarettes  advertised,  offered  for  sale  or  to  be  sold ;  (c)  where 
cigarettes  are  advertised,  offered  for  sale  or  sold  as  imper- 
fect or  damaged  and  said  advertising,  offer  to  sell  or  sale 
shall  state  the  reason  thereof  and  the  quantity  of  such  ciga- 
rettes advertised,  offered  for  sale  or  to  be  sold;  (d)  where 
cigarettes  are  sold  upon  the  complete  final  liquidation  of  a 
business;  (e)  where  cigarettes  are  advertised,  offered  for 
sale  or  sold  by  any  fiduciary  or  other  officer  acting  under  the 
order  or  direction  of  any  court. 

Section  6.  Any  retailer  or  wholesaler  may  advertise, 
offer  to  sell  or  sell  cigarettes  at  a  price  made  in  good  faith  to 
meet  the  prices  of  a  competitor  who  is  selling  the  same 


Acts,  1941.  — Chap.  715.  1111 

article  at  cost  to  him  as  a  wholesaler  or  retailer.  The  prices 
of  cigarettes  advertised,  offered  for  sale  or  sold  under  the 
exemptions  specified  in  section  five  shall  not  be  considered 
the  price  of  a  competitor  and  used  as  a  basis  for  establish- 
ing prices  below  cost,  nor  shall  prices  established  at  bank- 
rupt sales  be  considered  as  prices  of  a  competitor  within  the 
purview  of  the  first  sentence  of  this  section. 

Section  7.  Any  contract,  express  or  implied,  made  by 
any  person,  firm  or  corporation  in  violation  of  any  of  the 
provisions  of  this  act  is  declared  to  be  an  illegal  and  void 
contract  and  no  recovery  thereon  shall  be  had. 

Section  8.  In  determining  cost  to  the  retailer  and  cost 
to  the  wholesaler,  the  court  shall  receive  and  consider  as 
bearing  on  the  bona  fides  of  such  cost  evidence  tending  to 
show  that  any  person  complained  against  under  any  of  the 
provisions  of  this  act  purchased  cigarettes  with  respect  to 
the  sale  of  which  complaint  is  made  at  a  fictitious  price  or 
upon  terms  or  in  such  a  manner  or  under  such  invoices  as 
to  conceal  the  true  cost,  discounts  or  terms  of  purchase, 
and  shall  also  receive  and  consider  as  bearing  on  the  bona 
fides  of  such  cost  evidence  of  the  normal,  customary  and 
prevailing  terms  and  discounts  in  connection  with  other 
sales  of  a  similar  nature. 

Section  9.  In  establishing  the  cost  of  cigarettes  to  the 
retailer  or  wholesaler,  the  invoice  cost  of  said  cigarettes 
purchased  at  a  forced,  bankrupt,  closeout  sale,  or  other 
sale  outside  of  the  ordinary  channels  of  trade  may  not  be 
used  as  a  basis  for  justifying  a  price  lower  than  one  based 
upon  the  replacement  cost  of  the  cigarettes  to  the  retailer 
or  wholesaler  within  thirty  days  prior  to  the  date  of  sale, 
in  the  quantity  last  purchased  through  the  ordinary  chan- 
nels of  trade. 

Section  10.  Where  the  particular  trade,  of  which  the 
person  complained  against  is  a  member,  has  an  established 
cost  survey  for  the  trading  area  in  which  the  offense  is  com- 
mitted, the  said  cost  survey  shall  be  deemed  competent 
evidence  to  be  used  in  proving  the  cost  of  the  person  com- 
plained against  within  the  provisions  of  this  act. 

Section  11.  The  commissioner  of  corporations  and  taxa- 
tion may  suspend  or  revoke  any  license  issued  under  chapter 
four  hundred  and  seventeen  of  the  acts  of  the  current  year 
for  failure  of  the  licensee  to  comply  with  any  provision  of 
this  act.  Any  person  aggrieved  by  such  suspension  or  revo- 
cation may  apply  to  said  commissioner  for  a  hearing  as  pro- 
vided in  section  twelve  of  said  chapter  and  may  further 
appeal  to  the  appellate  tax  board  as  provided  in  section 
fourteen  of  said  chapter. 

Section  12.  If  any  of  the  provisions  of  this  act  shall  be 
invalid  or  unconstitutional  such  invalidity  or  unconstitu- 
tionality shall  not  affect  other  provisions  which  can  be 
given  effect  without  the  invalid  or  unconstitutional  provi- 
sion and  to  this  end  the  provisions  of  this  act  are  declared 
to  be  severable. 


1112 


Acts,  1941.  — Chap.  716. 


Section  13.  The  provisions  of  this  act  shall  be  ojjcrative 
only  during  the  period  in  which  the  provisions  of  chapter 
four  hundred  and  seventeen  of  the  acts  of  nineteen  hundred 
and  forty-one,  providing  for  the  extension  of  the  temporary 
cigarette  tax,  are  operative.       Approved  October  SO,  1941. 


Chap.71Q  An  Act  to  enable  certain  mutual  insurance  companies 

TO    ISSUE    POLICIES    WITHOUT    CONTINGENT   LIABILITY. 


G.  L.  (Ter. 
Ed.).  175. 
new  §  8.5A, 
inserted. 

Mutual  fire 
companies  to 
make  certain 
deposits  with 
state  treasurer. 


O.  L.  (Ter. 

Ed.),  17.5, 

§  90,  amended. 

Application 
of  §  85A, 
limited. 


G.  L.  (Ter. 
Ed.).  175, 
new  §  93F, 
inserted. 

Non-assessable 
policies,  may 
be  issued  when. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-five  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
eighty-five,  as  appearing  in  the  Tercentenary  Edition,  the 
following  new  section :  —  Section  85 A .  The  commissioner 
may  authorize  a  mutual  fire  company,  which  has  and  main- 
tains a  surplus  to  policyholders,  including  any  guaranty 
capital,  of  two  hundred  thousand  dollars  to  issue  non- 
assessable policies,  and  the  provisions  of  section  eighty-one 
relating  to  contingent  liability  of  policyholders  shall  not 
apply  to  any  such  non-assessable  policies.  Any  such  mutual 
fire  company  shall  keep  on  deposit  with  the  state  treasurer 
the  sum  of  two  hundred  thousand  dollars.  Such  deposit 
may  be  made  in  the  securities  and  subject  to  the  limitations 
specified  in  sections  sixty-three  and  sixty-six,  or  in  cash  or 
such  other  securities  as  the  commissioner  may  approve. 
Any  deposit  under  this  section  or  section  ninety-three  F, 
when  made  with  the  state  treasurer  and  approved  by  the 
commissioner,  shall  be  subject  to  section  one  hundred  and 
eighty-five.  The  commissioner  shall  allow  to  the  credit  of  a 
company  in  the  account  of  its  financial  condition  all  assets 
deposited  with  the  state  treasurer  in  accordance  with  the 
requirements  of  this  section. 

Section  2.  Section  ninety  of  said  chapter  one  hundred 
and  seventy-five,  as  so  appearing,  is  hereby  amended  by 
adding  at  the  end  of  the  first  paragraph  the  following :  — 
;  provided,  that,  except  to  the  extent  set  forth  in  section 
ninety-three  F,  the  provisions  of  section  eighty-five  A  shall 
not  apply  thereto. 

Section  3.  Said  chapter  one  hundred  and  seventy-five  is 
hereby  further  amended  by  inserting  after  section  ninety- 
three  E,  as  so  appearing,  the  following  new  section:  —  Sec- 
tion 93 F.  Any  mutual  fire  company,  or,  any  company 
specified  in  the  first  paragraph  of  section  ninety,  which  has 
and  maintains  a  surplus  to  policyholders,  including  any 
guaranty  capital  or  guaranty  fund,  at  least  equal  to  the 
minimum  paid-up  capital  and  assets  that  are  on  the  effective 
date  of  this  section  required  by  this  chapter  of  a  stock  insur- 
ance company  transacting  the  same  kind  or  kinds  of  business 
may  issue  non-assessable  policies,  and  the  provisions  of 
section  eightj'^-one  relating  to  contingent  liability  of  policy- 
holders shall  not  apply  to  any  such  non-assessable  policies. 
Any  such  mutual  company  shall  keep  on  deposit  with  the 


Acts,  1941.  — Chap.  717.  1113 

state  treasurer  the  sum  of  two  hundred  thousand  dollars, 
subject  to  the  provisions  of  section  eighty-five  A. 

Section  4.    Said  chapter  one  hundred  and  seventy-five  is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  one  hun-  ne^wi^^^A. 
dred  and  fifty-two,  as  so  appearing,  the  following  new  sec-  inserted. 
tion:  —  Section  152 A.    Any  mutual  fire  company  admitted  ^^5°®!** 
before  or  after  this  section  takes  effect  to  transact  business  home  states 
in  this  commonwealth  may  issue  non-assessable  policies  in  compan^s.^'^^ 
compliance  with  the  requirements  of  section  eighty-five  A 
and  any  such  mutual  company,  or  any  company  specified  in 
the  first  paragraph  of  section  ninety,  may  issue  non-assess- 
able policies  in  compliance  with  the  requirements  of  section 
ninety-three  F,  except  that  the  deposit  required  in  either 
case  may  be  made  in  the  home  state  of  such  admitted  com- 
pany in  cash  or  securities  legal  for  investments  by  such 
companies  in  such  home  state.     Any  deposit  required  for 
the  purposes  specified  in  either  of  said  sections  shall  be  in- 
clusive of,  and  not  in  addition  to,  any  deposit  required  by 
any  other  state  to  be  made  for  the  benefit  of  all  policy- 
holders in  the  United  States. 

Section  5.     Section   eighty-three   of   said    chapter   one  g.  l.  (Ter. 
hundred  and  seventy-five,  as  so  appearing,  is  hereby  amended  f  gj.'  am^e'nded. 
by  adding  at  the  end  thereof  the  following  paragraph :  —  In  Assessments. 
the  case  of  a  company  which  issues  both  assessable  and  non- 
assessable policies,  any  assessment  shall  be  for  the  exclusive 
benefit  of  holders  of  policies  who  are  subject  to  assessment, 
and  such  policyholders  shall  not  be  liable  to  assessment  in 
an  amount  greater  in  proportion  to  the  total  deficiency  than 
the  ratio  that  the  deficiency  attributable  to  the  assessable 
business  bears  to  the  total  deficiency. 

Approved  October  30,  1941. 

An  Act  authorizing  the  extension  of  certain  struc-  Chav. 7 17 

TURES  FROM  THE  PLANT  OF  THE  DEFENSE  PLANT  CORPORA- 
TION AT  WEST  LYNN  INTO  THE  TIDE  WATERS  OF  SAUGUS 
RIVER  BEYOND  THE  HARBOR  LINE  ESTABLISHED  IN  SAID 
RIVER. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  provide  increased  facilities  p''^^™'^^®- 
for  production  for  purposes  of  national  defense,  therefore  it 
is  hereby  declared  to  be  an  emergency  law  necessary  for 
the  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  provision  of  chapter  ninety-one  of 
the  General  Laws  to  the  contrary,  the  Defense  Plant  Cor- 
poration is  hereby  authorized  to  extend  a  pile  pier  with 
dolphins,  pipe  lines  and  other  accessories  from  its  plant  at 
West  Lynn  into  the  tide  waters  of  Saugus  river  beyond  the 
harbor  line  established  by  chapter  three  hundred  and  thir- 
teen of  the  acts  of  eighteen  hundred  and  sixty-seven,  but 
not  within  one  hundred  feet  of  the  line  of  the  northerly  abut- 


1114 


Acts,  1941.— Chap.  718. 


ment  of  the  General  Edwards  bridge  extended  in  a  westerly 
direction,  subject  to  all  other  provisions  of  said  chapter 
ninety-one  and  to  such  other  terms  and  conditions  as  the 
department  of  public  works  shall  determine. 

Approved  October  30,  IQIfl. 


Chap. 7 18  An  Act  relative  to  the  excise  on  registered  motor 

VEHICLES    AND    TRAILERS    OWNED    BY    CERTAIN    CORPORA- 
TIONS AND   ASSOCIATIONS. 


Emergency 
preamble. 


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


Certain  motor 
vehicles  not 
subject  to 
excise  tax. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  is,  in  part,  to  make  the  excise 
thereby  imposed  uniformly  applicable  to  motor  vehicles  and 
trailers  registered  during  the  calendar  year  nineteen  hun- 
dred and  forty-two,  irrespective  of  the  date  in  said  year 
when  registered,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  sixty  A  of  the  General 
Laws,  as  most  recently  amended  by  section  one  of  chapter 
four  hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  further  amended  by  striking  out,  in 
the  twelfth  to  the  fifteenth  lines,  inclusive,  of  the  fourth  para- 
graph the  words  "any  corporation  other  than  a  domestic 
business,  domestic  manufacturing,  foreign  or  public  service 
corporation,  or  by  an  association,  whose  personal  property 
is  exempt  from  taxation  under"  and  inserting  in  place  thereof 
the  following :  —  a  corporation  whose  personal  property  is 
exempt  from  taxation  under  clause  Third  of,  —  so  that  said 
fourth  paragraph  will  read  as  follows :  — 

The  excise  imposed  by  this  section  shall  not  apply  to 
motor  vehicles  or  trailers  owned  and  registered  by  the  com- 
monwealth or  any  political  subdivision  thereof,  or  owned 
or  controlled  by  a  manufacturer  or  repairman  to  whom  has 
been  issued  a  general  distinguishing  number  or  mark  under 
section  five  of  chapter  ninety,  or  to  motor  vehicles  or  trailers 
owned  or  controlled  by  a  dealer  to  whom  has  been  so  issued 
a  general  distinguishing  number  or  mark,  even  though  one 
or  more  of  the  motor  vehicles  or  trailers  owned  or  controlled 
by  such  dealer  is  or  are  registered  under  section  two  of  said 
chapter  ninety,  or  to  motor  vehicles  or  trailers  owned  and 
registered  by  a  corporation  whose  personal  property  is 
exempt  from  taxation  under  clause  Third  of  section  five  of 
chapter  fifty-nine;  provided,  that  the  exemption  from  excise 
herein  provided  for  motor  vehicles  and  trailers  owned  or 
controlled  and  registered  by  manufacturers,  dealers  and 
repairmen  shall  not  apply  in  case  the  motor  vehicle  or 
trailer  while  so  registered  shall  be  operated  or  propelled 
over  the  highways  for  the  personal  use  or  convenience,  or 
for  any  use  other  than  in  connection  with  the  business,  of 


Acts,  1941.  — Chap.  719.  1115 

the  owner  or  controller  as  such  manufacturer,  dealer  or  re- 
pairman. 

Section  2.     This  act  shall  take  effect  on  January  first,  Effective  date, 
nineteen  hundred  and  forty-two. 

Approved  October  30,  1941. 


Chap.719 


An  Act  to  provide  for  the  safety  of  the  common- 
wealth IN  time  of  military  emergency. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^r'^ambuT^ 
to  defeat  its  purpose,  which  is  immediate  further  prepara- 
tion for  the  defense  of  the  commonwealth,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Part  I. 

MASSACHUSETTS    EMERGENCY    COMMISSION. 

Section  1.  The  governor  may  appoint  an  unpaid  com- 
mission to  be  known  as  the  Massachusetts  emergency  com- 
mission for  the  purposes  stated  in  this  act.  Said  commission 
shall  include  such  department  heads  and  other  officers  of 
the  commonwealth  as  the  governor  may  deem  necessary, 
and  the  executive  director  of  the  governor's  committee  on 
public  safety.  The  governor  shall  appoint  the  chairman  of 
said  commission  to  serve  during  his  pleasure.  Said  com- 
mission shall  be  in  the  executive  branch  of  the  government, 
shall  serve  under  the  governor  and  shall  be  subject  to  his 
supervision  and  control.  Said  commission  shall  assist  the 
governor  in  carrying  out  and  enforcing  the  provisions  of  this 
act  and  the  orders,  rules  and  regulations  made  thereunder. 

Section  2.  Said  commission  may  employ  subject  to  the 
approval  of  the  governor  and,  subject  to  the  approval  of  the 
commission  on  administration  and  finance,  fix  the  compen- 
sation of  such  executive  officers,  and  such  technical,  clerical, 
stenographic  and  other  personnel  as  it  deems  necessary  to 
carry  out  the  duties  set  forth  in  this  act.  Such  compen- 
sation shall  be  commensurate  with  that  for  like  positions 
within  the  classified  service. 

Section  3.  Said  commission  may  prescribe  distinguish- 
ing marks  or  insignia  to  distinguish  persons  engaged  in  ci- 
vilian defense  activities,  and  may  designate  by  rule  or  other- 
wise what  persons  may  wear  such  marks  or  insignia.  No 
such  marks  or  insignia  shall  in  any  way  conflict  with,  or  so 
resemble  as  to  be  confused  with  or  mistaken  for,  military  or 
naval  or  police  or  fire  department  uniforms  or  badges.  Any 
person  who  without  authority  wears  any  such  marks  or  in- 
signia or  any  simulation  thereof  or  ones  designed  to  be  con- 
fused therewith  shall  be  punished  by  a  fine  of  not  less  than 
five  nor  more  than  one  hundred  dollars. 


1116  Acts,  1941.  — Chap.  719. 

Section  4.  In  order  to  train  the  civilian  population 
against  air  raids  and  other  vicissitudes  of  modern  warfare, 
the  mayor  and  city  council  in  cities  and  the  selectmen  in 
towns  may  at  such  time  or  times  as  may  be  approved  by 
said  emergency  commission,  and  pursuant  to  such  rules  and 
regulations  as  it  may  from  time  to  time  issue,  conduct  prac- 
I  tice  blackouts,  air  raid  warnings  and  other  civilian  defense 

activities.  The  plan  and  orders  for  any  such  practice  ac- 
tivity shall  be  submitted  to  said  commission  for  its  approval 
and,  as  approved  or  modified  by  said  commission,  shall  be 
prominently  published  in  the  particular  city  or  town  at 
least  seven  days  before  the  practice  activity  is  to  take  place. 
Any  person  who  shall  wilfully  violate  any  order  approved 
and  published  as  aforesaid  shall  be  punished  by  a  fine  of 
not  less  than  five  nor  more  than  twenty-five  dollars. 

Section  5.  (a)  The  mayor  and  city  council  in  cities  and 
the  selectmen  in  towns,  or  such  other  persons  or  bodies  as 
are  authorized  under  existing  laws  to  appoint  firemen  or 
policemen,  may  appoint,  train  and  equip  volunteer,  unpaid 
auxiliary  firemen  and  auxiliary  police  and  may  establish  and 
equip  such  other  volunteer,  unpaid  public  protection  units 
as  may  be  approved  by  said  commission  and  may  appoint 
and  train  their  members.  Chapters  thirty-one,  thirty-two 
and  one  hundred  and  fifty-two  of  the  General  Laws  shall 
not  apply  to  persons  appointed  hereunder. 

(6)  Cities  and  towns  may  by  ordinance  or  by-law,  or  by 
vote  of  the  aldermen,  selectmen,  or  board  exercising  similar 
powers,  authorize  their  respective  police  departments  to  go 
to  aid  another  city  or  town  at  the  request  of  said  city  or 
town  in  the  suppression  of  riots  or  other  forms  of  violence 
therein,  and,  while  in  the  performance  of  their  duties  in 
extending  such  aid,  the  members  of  such  departments  shall 
have  the  same  powers,  duties,  immunities  and  privileges  as 
if  performing  the  same  within  their  respective  cities  or 
towns.  Any  such  ordinance,  by-law  or  vote  may  authorize 
the  head  of  the  police  department  to  extend  such  aid  sub- 
ject to  such  conditions  and  restrictions  as  may  be  prescribed 
therein.  Any  city  or  town  aided  under  and  in  accordance 
with  this  section  shall  compensate  any  city  or  town  render- 
ing aid  as  aforesaid  for  the  whole  or  any  part  of  any  damage 
to  its  property  sustained  in  the  course  of  rendering  the  same 
and  shall  reimburse  it  in  whole  or  in  part  for  any  payments 
lawfully  made  to  any  member  of  its  police  department  or  to 
his  widow  or  other  dependents  on  account  of  injuries  or 
death  suffered  by  him  in  the  course  of  rendering  aid  as  afore- 
said or  of  death  resulting  from  such  injuries. 

(c)  The  head  of  the  fire  or  police  department  of  any  town 
or  city  of  the  commonwealth  shall,  after  the  issuing  of  any 
proclamation  provided  for  in  section  six  (a),  order  such  por- 
tion of  his  department,  with  its  normal  equipment,  as  the 
governor  may  request,  for  service  in  any  part  of  the  com- 
monwealth where  the  governor  may  deem  such  service  neces- 
sary for  the  protection  of  life  and  property.    When  on  such 


Acts,  1941.— Chap.  719.  1117 

service,  police  officers  and  firemen  shall  have  the  same  powers, 
duties,  immunities  and  privileges  as  if  they  were  performing 
their  duties  within  their  respective  cities  or  towns.  The 
commonwealth  shall  compensate  any  city  or  town  for  dam- 
age to  its  property  sustained  in  such  service  and  shall  reim- 
burse it  for  any  payments  lawfulty  made  by  it  to  any  mem- 
ber of  its  police  or  fire  department  or  to  his  widow  or  other 
dependents  on  account  of  injuries  sustained  by  him  in  such 
service  or  of  death  resulting  from  such  injuries. 

Part  II. 

EMERGENCY  POWERS  OF  THE  GOVERNOR. 

Section  6.  (a)  If  and  when  the  Congress  of  the  United 
States  shall  declare  war,  or  if  and  when  the  President  of  the 
United  States  shall  by  proclamation  or  otherwise  inform 
the  governor  that  the  peace  and  security  of  the  common- 
wealth are  endangered  by  belligerent  acts  of  any  enemy  of 
the  United  States  or  of  the  commonwealth  or  by  the  immi- 
nent threat  thereof,  the  governor  maj'-,  with  the  advice  and 
consent  of  the  council,  issue  a  proclamation  or  proclamations 
setting  forth  a  state  of  emergency. 

(6)  Whenever  the  governor  has  proclaimed  the  existence 
of  such  a  state  of  emergency,  he  may  employ  every  agency 
and  all  members  of  every  department  and  division  of  the 
government  of  the  commonwealth  to  protect  the  lives  and 
property  of  its  citizens  and  to  enforce  its  laws.  Any  member 
of  any  such  department  or  division  so  employed  shall  be 
entitled  to  the  protection  of  existing  applicable  provisions  of 
law  relative  to  any  type  of  service  of  the  commonwealth  in 
emergencies. 

(c)  After  such  proclamation  has  been  made,  the  governor 
may,  in  the  event  of  any  disaster  or  shortage  making  such 
action  necessary  for  the  protection  of  the  public  and  with 
the  approval  of  the  council,  take  possession:  (1)  of  any  land 
or  buildings,  machinery  or  equipment;  (2)  of  any  horses, 
vehicles,  motor  vehicles,  aeroplanes,  ships,  boats  or  any 
other  means  of  conveyance,  rolling  stock  of  steam  or  electric 
railroads  or  of  street  railways;  (3)  of  any  cattle,  poultry 
and  any  provisions  for  man  or  beast,  and  any  fuel,  gasoline 
or  other  means  of  propulsion  which  may  be  necessary  or 
convenient  for  the  use  of  the  military  or  naval  forces  of  the 
commonwealth  or  of  the  United  States,  or  for  the  better 
protection  or  welfare  of  the  commonwealth  or  its  inhabit- 
ants. He  may  use  and  employ  all  property  of  which  posses- 
sion is  so  taken,  for  such  times  and  in  such  manner  as  he 
shall  deem  for  the  interests  of  the  commonwealth  or  its  in- 
habitants, and  may  in  particular,  when  in  his  opinion  the 
public  exigency  so  requires,  sell  or  distribute  gratuitously  to 
or  among  any  or  all  of  the  inhabitants  of  the  commonwealth 
anything  taken  under  clause  (3)  of  this  paragraph.  He  shall, 
with  the  approval  of  the  council,  award  reasonable  compen- 
sation to  the  owners  of  any  property  of  which  he  may  take 


1118  Acts,  1941.  — Chap.  719. 

possession  under  the  provisions  of  this  section,  and  for  its 
use,  and  for  any  injury  thereto  or  destruction  thereof  caused 
by  such  use. 

(d)  Any  owner  of  property  of  which  possession  has  been 
taken  under  paragraph  (c)  to  whom  no  award  has  been 
made,  or  who  is  dissatisfied  with  the  amount  awarded  him 
by  the  governor,  with  the  approval  of  the  council,  as  com- 
pensation, may  file  a  petition  in  the  superior  court  to  have 
the  amount  to  which  he  is  entitled  by  way  of  damages 
determined.  The  petitioner  and  the  commonwealth  shall 
severally  have  the  right  to  have  such  damages  assessed  by  a 
jury  upon  making  claim  in  such  manner  as  may  be  provided 
by  law  or  by  the  rules  of  said  court. 

(e)  Such  petition  may  be  filed  in  the  county  in  which  the 
petitioner  lives  or  has  his  usual  place  of  business,  if  the  peti- 
tioner lives  or  has  a  usual  place  of  business  in  the  common- 
wealth, otherwise  in  the  county  of  Suffolk.  The  petition 
shall  be  brought  within  one  year  after  the  date  when  posses- 
sion of  the  property  was  taken  under  paragraph  (c),  except 
that  if  the  owner  of  the  property  is  in  the  military  or  naval 
service  of  the  United  States  at  the  time  of  the  taking,  it 
shall  be  brought  within  three  years  after  said  date.  Except 
as  is  otherwise  provided  herein,  such  petition  shall  be  heard 
and  determined  in  accordance  with  the  provisions  of  chapter 
two  hundred  and  fifty-eight  of  the  General  Laws. 

(/)  Upon  such  petition,  full  damages  shall  be  awarded 
whether  or  not  the  same  had  fully  accrued  at  the  time  of  the 
filing  of  the  petition,  and,  whenever  necessary,  the  hearing 
on  the  petition  shall,  on  the  application  of  either  the  peti- 
tioner or  the  conTmon wealth,  be  continued  for  assessment 
of  damages  until  the  same  are  fully  ascertained. 

Section  7.  The  governor  shall  have  full  power  and 
authority  to  co-operate  with  the  federal  authorities  and  with 
the  governors  of  other  states  in  matters  pertaining  to  the 
common  defense  or  to  the  common  welfare,  and  also  so  to 
co-operate  with  the  military  and  naval  forces  of  the  United 
States  and  of  the  other  states,  and  to  take  any  measures 
which  he  may  deem  proper  to  carry  into  effect  any  request 
of  the  President  of  the  United  States  for  action  looking  to 
the  national  defense  or  to  the  public  safety. 

Section  8.  (a)  After  any  proclamation  provided  for  in 
section  six  (a)  shall  have  been  made,  the  governor  may, 
whenever  he  considers  that  the  public  safety  so  requires, 
make  such  orders  or  regulations  for  air  raid  precautions  and 
for  the  preservation  of  life  and  property  as  he  may  deter- 
mine to  be  advisable,  and  may  appoint  such  persons  as  he 
deems  necessary  to  carry  out  said  orders  and  regulations. 

(6)  So  far  as  necessary  to  insure  that  blackouts  or  other 
civilian  defense  measures  established  by  the  governor  under 
any  regulations  provided  by  him  shall  be  effective  and 
complete,  the  provisions  of  orders  made  under  this  section 
during  the  period  for  which  they  are  in  force  shall  supersede 
any  laws,  rules,  regulations,  ordinances  or  by-laws  to  the 


Acts,  1941.  — Chap.  719.  1119 

extent  that  they  are  inconsistent  therewith.  Any  person 
authorized  to  enforce  such  orders  or  regulations  may  call 
upon  any  police  oJBficer  for  assistance  in  the  enforcement 
thereof,  In  order  to  render  any  order  or  regulation  estab- 
lished under  this  section  effective,  and  in  order  more  fully 
to  provide  for  the  protection  of  life  and  property  within  the 
commonwealth,  the  governor  may  take  over  the  control  of 
any  pubhc  property,  real  or  personal,  during  the  periods  of 
such  blackouts,  and  may  delegate  the  power  to  take  such 
control  to  any  persons  designated  by  him  in  such  orders  or 
regulations. 

(c)  Any  violation  of  any  order  or  regulation  made  under 
this  section  shall  be  punished  by  imprisonment  for  not  more 
than  one  year,  or  by  a  fine  of  not  more  than  five  hundred 
dollars,  or  both. 

Section  8A.  The  provisions  of  this  act  and  the  powers 
granted  hereunder  shall  take  effect  and  be  exercised  only  in 
so  far  as  they  do  not  contravene  any  law  of  the  United 
States  or  the  exercise  of  any  lawful  power  by  the  President. 

Section  9.  If  any  part,  subdivision  or  section  of  this 
act  shall  be  declared  unconstitutional,  the  validity  of  the 
remaining  parts  thereof  shall  not  be  affected  thereby. 

Section  10.  This  act  may  be  cited  as  the  Commonwealth 
Emergency  Defense  Act  of  1941. 

Section  1 1 .  This  act,  except  as  otherwise  provided  herein, 
shall  remain  in  force  until  February  first,  nineteen  hundred 
and  forty-three  or  until  the  governor,  with  the  advice  and 
consent  of  the  council,  proclaims  that  the  emergency  is 
ended,  whichever  first  shall  occur;  provided,  that  the  emer- 
gency powers  given  to  the  governor  by  sections  six,  seven 
and  eight  under  any  proclamation  shall  expire  sixty  days 
after  the  making  of  such  proclamation  unless  before  that 
time  the  general  court  has  ratified  and  approved  the  same. 

Section  12.  For  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  such  sums  as  may  be  necessary  may  be 
expended  from  the  amount  appropriated  by  item  0401-33 
of  section  two  of  chapter  four  hundred  and  nineteen  of  the 
acts  of  the  current  year  and  subject  to  the  provisions  con- 
tained in  said  item.  After  the  end  of  the  fiscal  year  ending 
November  thirtieth,  nineteen  hundred  and  forty-two  and 
until  the  general  court  provides  otherwise,  the  Massachu- 
setts emergency  commission  may,  subject  to  the  provisions 
of  said  item  0401-33,  incur  liabilities,  in  any  month,  not  in 
excess  of  the  largest  monthly  expenditure  during  said  fiscal 
year.  Approved  October  SO,  1941. 


1120  Acts,  1941.  — Chap.  720. 


Chap. 720  An  Act  further  providing  for  sewage  disposal  needs 

OF  THE  NORTH  AND  SOUTH  METROPOLITAN  SEWERAGE 
DISTRICTS  AND  COMMUNITIES  WHICH  NOW  OR  HEREAFTER 
MAY  BE  INCLUDED  IN  SAID  DISTRICTS  AND  EXTENDING 
THE  LIFE  OF  THE  EMERGENCY  PUBLIC  WORKS  COMMISSION. 

prefmbiT^  Whereas,    The  deferred  operation  of  this  act  would,  in 

part,  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  con- 
venience. 

Be  it  enacted,  etc.,  as  folio ivs: 

Section  1.  For  the  purposes  of  this  act  only,  the  metro- 
politan district  water  supply  commission,  comprising  the 
three  members  provided  for  by  chapter  three  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  twenty-six, 
as  amended,  shall  also  include  the  director  and  chief  engi- 
neer of  the  sewerage  division  of  the  metropolitan  district 
commission  and  the  director  and  chief  sanitary  engineer  of 
the  division  of  sanitary  engineering  of  the  department  of 
public  health,  both  ex  officio.  Subject  to  the  conditions  here- 
inafter provided,  the  metropolitan  district  water  supply  com- 
mission, enlarged  as  hereinbefore  provided,  said  commission 
as  so  constituted  being  hereinafter  referred  to  as  the  metro- 
politan district  water  supply  commission,  is  hereby  author- 
ized and  directed  on  behalf  of  the  commonwealth  to  carry 
out  the  following  projects:  —  Project  1.  The  construction 
at  a  cost  not  exceeding  three  million  eight  hundred  thousand 
dollars,  of  a  sewage  treatment  plant  and  appurtenant  works 
at  Nut  island  in  the  city  of  Quincy,  including  the  construc- 
tion of  equipment  for  the  disposal  of  sludge  from  the  sewage 
of  the  south  metropolitan  sewerage  district.  Project  2.  The 
construction  of  and  extension  of  the  north  metropolitan  relief 
sewer  from  East  Boston  to  Deer  island,  including  a  pumping 
station  and  appurtenant  works  at  East  Boston.  Project  3. 
The  construction  of  a  storm  overflow  conduit  along  Alewife 
brook  in  the  cities  of  Cambridge,  Medford  and  Somerville 
and  the  towns  of  Arlington  and  Belmont.  Project  4-  The 
construction  of  a  storm  overflow  conduit  on  the  southerly 
side  of  the  Charles  river  for  the  purpose  of  providing  relief 
from  storm  overflow  into  the  Charles  river  basin,  including 
a  pumping  station  and  appurtenant  works.  Project  5  The 
construction  of  a  storm  overflow  conduit  on  the  northerly  side 
of  the  Charles  river  for  the  purpose  of  providing  relief -from 
storm  overflow  into  the  Charles  river  basin,  including  pump- 
ing station  and  appurtenant  works.  No  work  on  account 
of  any  such  project,  except  under  section  eight,  shall  be  per- 
formed, and  no  borrowing  except  for  work  under  section 
eight  shall  be  made  on  account  of  an}^  such  project,  except 
upon  certification  by  the  emergency  public  works  commis- 


Acts,  1941.  — Chap.  720.  1121 

sion,  not  later  than  June  thirtieth,  nineteen  hundred  and 
forty-five,  that  not  less  than  twenty-five  per  cent  of  the 
estimated  cost  of  such  project  as  approved  by  the  appro- 
priate federal  authority  is  made  available  from  federal  funds 
or  federal  assistance,  or  both.  For  the  purpose  of  canying 
out  said  projects,  including  an}^  expenditures  on  account  of 
the  purchase  or  taking  of  land  or  damage  to  land  occasioned 
by  the  construction  herein  provided  for,  the  metropolitan 
district  water  supply  commission  may  expend  sums,  not  ex- 
ceeding in  the  aggregate,  fifteen  million  dollars,  including 
the  sum  of  three  million  eight  hundred  thousand  dollars 
allowed  for  project  one;  provided,  that  no  such  project 
shall  be  undertaken  unless  at  least  twentj^-five  per  cent  of 
the  estimated  cost  thereof  as  approved  by  the  federal  au- 
thorities is  made  available  from  federal  funds  or  federal 
assistance,  or  both,  and  certified  as  aforesaid. 

Section  2.  The  commonwealth  may,  for  the  purpose  of 
carrying  out  as  a  federal  project  the  works  or  any  part 
thereof  herein  authorized,  accept  and  use  any  federal  funds 
or  an}'"  federal  assistance,  or  both,  provided  therefor  under 
any  federal  law,  authority  to  make  application  therefor 
being  hereby  granted  to  the  emergency  public  works  com- 
mission established  under  section  one  of  chapter  three  hun- 
dred and  sixtj'-five  of  the  acts  of  nineteen  hundred  and 
thirty-three,  and  the  provisions  of  said  section  one  which 
relate  to  action  by  said  emergency  public  works  commission 
shall  apply  in  the  case  of  action  under  this  act.  None  of  the 
aforesaid  projects  shall  be  undertaken  unless  it  is  approved 
by  said  emergency  public  works  commission  and  the  gov- 
ernor. Any  of  the  aforesaid  projects,  when  so  approved, 
shall  be  carried  out  in  all  respects  subject  to  the  provisions 
of  the  appropriate  federal  law  providing  for  construction  of 
projects  of  that  class,  and  the  rules  and  regulations  made 
pursuant  thereto,  and  to  such  terms,  conditions,  rules  and 
regulations,  not  inconsistent  with  such  federal  laws  and 
rules  and  regulations,  as  said  emergency  public  works  com- 
mission may  establish,  with  the  approval  of  the  governor, 
to  ensure  the  proper  execution  of  said  projects. 

Upon  completion  of  each  of  said  projects  the  metropoli- 
tan district  water  supply  commission  shall  turn  over  the 
same,  together  with  all  appurtenances  and  property  inci- 
dental thereto,  to  the  metropolitan  district  commission, 
which  shall  thereafter  maintain  such  project  as  a  part  of 
the  metropolitan  sewer  system  under  chapter  ninety-two  of 
the  General  Laws,  with  all  the  powers  and  duties  conferred 
and  imposed  upon  it  by  said  chapter. 

Section  3.  No  payment  shall  be  made  or  obhgation  in- 
curred for  carrying  out  any  of  the  said  projects,  following 
their  approval  by  said  emergency  public  works  commission 
and  the  governor,  and  their  approval  by  the  proper  federal 
authorities,  until  plans,  specifications  and  contracts  therefor, 
and  alterations  thereto  subsequently  proposed,  have  been 
approved  by  said  emergency  public  works  commission,  unless 


1122  Acts,  1941.  — Chap.  720. 

otherwise  provided  by  such  rules  or  regulations  as  said  last 
mentioned  commission  may  make. 

Section  4.  All  moneys  paid  to  the  commonwealth  by 
the  federal  government  for  the  purpose  of  carrying  out 
projects  provided  for  by  this  act  shall  be  received  by  the 
state  treasurer.  Payment  from  the  state  treasury  for  ex- 
penditures incurred  under  this  act  shall  be  made  in  accord- 
ance with  the  procedure  prescribed  under  section  eighteen 
of  chapter  twenty-nine  of  the  General  Laws,  and  all  other 
provisions  of  said  chapter  twenty-nine  shall  apply  in  the 
case  of  anj^  project  undertaken  under  this  act  or  any  ex- 
penditure necessary  for  carrying  out  the  purposes  hereof, 
except  in  so  far  as  such  provisions  of  law  may  be  in  conflict 
with  applicable  federal  laws  and  regulations. 

Section  5.  In  constructing  the  works  authorized  by 
this  act,  the  metropolitan  district  water  supply  commission 
shall  proceed  with  the  organization  and  in  the  manner  pro- 
vided by  said  chapter  three  hundred  and  seventy-five.  All 
of  the  provisions  of  section  two  of  said  chapter  three  hun- 
dred and  seventy-five  relative  to  the  employment  of  laborers, 
workmen  and  mechanics  and  relative  to  the  appointment, 
removal  and  fixing  of  compensation  of  all  employees  of  the 
said  metropolitan  district  water  suppl}-^  commission,  includ- 
ing the  appointment  and  removal  of  a  chief  engineer,  shall 
apply  in  carrying  out  the  provisions  of  this  act.  None  of 
the  employees  of  said  metropolitan  district  water  supply 
commission,  whether  appointed  before  or  after  the  effective 
date  of  this  act,  shall  become  members  of  the  state  retire- 
ment system,  but  those  who  are  members  thereof  at  the  time 
of  their  employment  may  be  continued  therein.  The  salaries 
of  the  chairman  and  the  associate  commissioners  of  the  met- 
ropolitan district  water  supply  commission,  as  set  forth  in 
chapter  three  hundred  and  seventj'-five  of  the  acts  of  nine- 
teen hundred  and  twentj^-six,  shall  be  charged  one  half 
against  the  authorization  made  available  under  this  act  and 
one  half  against  the  authorization  made  available  under  said 
chapter  three  hundred  and  seventy-five  as  amended  or  af- 
fected by  subsequent  acts.  All  engineering  services  and 
such  administrative  expenses  incurred  under  this  act  shall 
be  considered  as  part  of  the  direct  cost  of  the  projects  for 
which  they  were  incurred  as  set  forth  in  section  one  of  this 
act. 

Section  6.  In  carrying  out  the  powers  and  duties  con- 
ferred upon  it  by  this  act,  the  metropolitan  district  water 
supply  commission  may  construct  and  maintain  buildings, 
roads,  conduits,  pipes,  drains  and  wires  under  or  over  any 
watercourse,  bridge,  railroad,  railway,  boulevard  or  other 
public  way  in  such  a  manner  as  not  unnecessarily  to  obstruct 
or  impede  travel  thereon,  conforming  to  any  reasonable 
regulations  made  b}'  the  mayor  and  aldermen  of  cities  and 
the  selectmen  of  towns,  respectively,  wherein  such  works 
are  performed,  and  restoring,  so  far  as  practicable,  any  such 
road,  street  or  way  to  as  good  order  and  condition  as  the 


Acts,  1941.  — Chap.  720.  1123 

same  was  in  when  such  work  was  commenced.  The  metro- 
poHtan  district  water  supply  commission  may  enter  upon 
and  use  the  land  of  others,  heeding  so  far  as  practicable  all 
reasonable  requests  made  by  such  owners;  and  in  general 
may  do  any  other  act  or  thing  necessary  or  proper  for  carry- 
ing out  the  powers  and  duties  conferred  upon  it  by  this  act. 
The  metropolitan  district  water  supply  commission  shall  not 
enter  upon,  construct  or  lay  any  conduit,  pipe  or  other 
works  within  the  location  of  any  railroad  corporation  except 
at  such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  so  to  agree,  as  may  be 
approved  by  the  department  of  public  utilities. 

Section  7.  For  any  of  the  purposes  of  this  act,  the 
metropolitan  district  water  supply  commission,  on  behalf  of 
the  commonwealth,  may,  at  any  time  and  from  time  to  time, 
take  by  eminent  domain  or  acquire  by  purchase  or  otherwise, 
such  lands,  water  rights,  easements  and  other  property  or 
interests  in  property,  public  or  private,  as  it  may  deem  neces- 
sary or  desirable  for  the  purposes  of  this  act. 

It  may  also  take  and  use,  for  the  purposes  of  this  act,  any 
land  or  rights  in  land  of  the  commonwealth  upon  such  terms 
and  conditions  as  may  be  agreed  upon  by  it  and  the  state 
department  or  other  authority  which  at  the  time  is  vested 
by  the  commonwealth  with  the  care  and  control  of  such 
lands  or  rights,  and  if  the  metropolitan  district  water  supply 
commission  and  such  department  or  other  authority  cannot 
agree  upon  said  terms  and  conditions,  then  such  terms  and 
conditions  shall  be  fixed  by  the  governor  and  council. 

Any  taking  under  this  act,  except  as  hereinbefore  pro- 
vided in  this  section,  ma}^  be  in  fee  or  otherwise,  perpetual 
in  duration  or  for  a  limited  period  of  time,  according  as  the 
metropolitan  district  water  supply  commission  shall  deter- 
mine and  set  forth  in  the  order  of  taking. 

All  takings  under  this  act  of  property  or  rights  in  prop- 
erty and  all  proceedings  in  relation  to  or  growing  out  of 
such  takings  shall  conform  to  the  provisions  of  chapter 
seventy-nine  of  the  General  Laws,  except  in  the  following 
particulars :  —  * 

(a)  The  metropolitan  district  water  supply  commission 
need  make  no  award  of  damages  sustained  by  persons  or 
corporations  in  their  property  by  any  such  taking. 

(b)  The  notice  required  by  section  eight  of  said  chapter 
seventy-nine  may  be  given  at  any  time  within  one  year 
after  the  recording  of  the  order  of  taking  as  provided  in 
section  three  of  said  chapter. 

(c)  Petitions  for  the  assessment  of  damages  under  section 
fourteen  of  said  chapter  seventy-nine  may  be  filed  within 
two  years  after  the  recording  of  the  order  of  taking  provided 
for  in  said  section  three.  The  last  nine  lines  of  section  six- 
teen of  said  chapter  seventy-nine,  as  amended  by  chapter 
one  hundred  and  eighty-five  of  the  acts  of  nineteen  hiuidred 
and  thirty-eight,  beginning  with  the  word  "but"  in  line 
three  shall  have  no  application  to  takings  under  this  act. 


1124  Acts,  1941.  — Chap.  720. 

(d)  For  all  property  taken  under  this  act,  the  right  to 
damages  shall  vest  upon  the  recording  of  the  taking  in  the 
registry  of  deeds. 

(e)  The  metropolitan  district  water  supply  commission 
may  sell  at  public  or  private  sale  or  exchange  or  lease  any 
property,  real  or  personal,  whether  taken  by  eminent  do- 
main or  otherwise  acquired,  which  in  the  opinion  of  the 
metropolitan  district  water  supply  commission  is  no  longer 
needed  for  the  purposes  of  this  act.  Any  sums  of  money  so 
received  shall  be  applied  to  reduce  the  construction  costs  or 
to  reduce  the  bonded  indebtedness  for  the  works. 

Section  8.  Pending  receipt  of  federal  funds  for  any  of 
the  foregoing  projects,  the  metropolitan  district  water  sup- 
ply commission  shall  make  borings  and  surveys  and  prepare 
plans  and  specifications  for  each  of  the  foregoing  projects 
only  with  the  approval  of  the  governor,  and  shall  have  such 
powers  as  may  be  proper  and  reasonably  necessary  to  carry 
out  said  operations  or  plans,  specifications,  surveys  and  bor- 
ings. For  the  purpose  of  carrjdng  out  said  work,  the  met- 
ropolitan district  water  supply  commission  may  expend, 
from  the  amount  authorized  by  section  one,  a  sum  not  ex- 
ceeding four  per  cent  of  the  estimated  cost  of  the  aforemen- 
tioned projects,  except  that  there  shall  be  deducted  from 
said  allowable  expenditures  of  four  per  cent  an  amount  equal 
to  the  total  sums  expended  by  and  liabilities  incurred  by 
the  metropolitan  district  commission  under  authority  granted 
by  section  nine  of  chapter  five  hundred  and  twelve  of  the 
acts  of  nineteen  hundred  and  thirty-nine.  The  metropolitan 
district  commission  shall  upon  request,  transfer  to  the  met- 
ropolitan district  water  supply  commission  all  plans,  speci- 
fications, surveys  and  borings  heretofore  carried  on  by  it  in 
connection  with  projects  provided  for  by  this  act. 

Section  9.  To  meet  the  cost  of  construction  and  ex- 
penditures of  the  metropolitan  district  water  supply  com- 
mission in  carrying  out  the  provisions  of  this  act,  the  state 
treasurer  shall  from  time  to  time  on  the  request  of  the  met- 
ropolitan district  water  supply  commission,  borrow,  on  the 
credit  of  the  commonwealth,  a  sum  or  sums,  not  exceeding, 
in  the  aggregate,  fifteen  million  dollars,  and  may  issue  in 
one  or  more  series  bonds,  notes  or  other  forms  of  written 
acknowledgment  of  debt,  hereinafter  referred  to  as  obliga- 
tions. Each  series  shall  carry  such  rates  of  interest  as  the 
state  treasurer  may  fix,  with  the  approval  of  the  governor, 
and  shall  be  payable  serially  in  such  amounts  and  at  such 
times  as  the  state  treasurer  may  determine,  with  the  ap- 
proval of  the  governor;  provided,  that  the  principal  pay- 
ments of  each  series  shall  be  made  annually  in  amounts  as 
nearly  equal  as  may  be.  The  obligation  last  payable  of  any 
series  issued  for  the  purpose  of  carrying  out  said  projects 
shall  become  due  not  later  than  such  number  of  years  from 
the  date  of  the  obligations  of  such  series,  not  exceeding 
twenty  years,  as  the  governor  may  recommend  to  the  general 


Acts,  1941.— Chap.  720.  1125 

court  in  accordance  with  section  three  of  Article  LXII  of 
the  amendments  to  the  constitution  of  the  commonwealth. 
All  obligations  issued  under  this  act  shall  be  signed  by  the 
state  treasurer  and  approved  by  the  governor.  All  obliga- 
tions issued  under  this  act  shall  be  payable,  as  to  both  prin- 
cipal and  interest,  in  such  funds  as  are,  on  the  respective 
dates  of  payment  of  such  principal  and  interest,  legal  tender 
for  the  payments  of  debts  due  the  United  States  of  America. 

Section  10.  All  interest  payments  and  payments  on  ac- 
count of  principal  on  such  obligations,  in  so  far  as  the  pro- 
ceeds of  such  obligations  are  used  to  meet  the  cost  of  projects 
two,  three  and  five  hereunder  and  the  cost  of  maintenance 
and  operation  of  the  sewerage  works  constructed  under  said 
projects  two,  three  and  five  shall  be  deemed  to  be,  and  shall 
be  paid  as,  a  part  of  the  interest,  sinking  fund  or  serial  bond 
requirements  and  costs  specified  in  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  eighteen  hundred  and  eighty- 
nine  and  acts  in  amendment  thereof  and  in  addition  thereto 
and  affecting  the  same,  and  shall  be  apportioned,  assessed 
and  collected  in  the  manner  provided  by  the  provisions  of 
chapter  ninety-two  of  the  General  Laws  relative  to  the  north 
metropolitan  sewerage  system;  and  all  interest  payments 
and  payments  on  account  of  principal  on  such  obligations, 
in  so  far  as  the  proceeds  of  such  obligations  are  used  to  meet 
the  cost  of  projects  one  and  four  hereunder  and  the  cost  of 
maintenance  and  operation  of  the  sewerage  works  constructed 
under  said  projects  one  and  four  shall  be  deemed  to  be,  and 
shall  be  paid,  as  a  part  of  the  interest,  sinking  fund  or  serial 
bond  requirements  and  costs  specified  in  chapter  four  hun- 
dred and  twenty-four  of  the  acts  of  eighteen  hundred  and 
ninety-nine  and  acts  in  amendment  thereof  and  in  addition 
thereto  and  affecting  the  same  and  shall  be  apportioned, 
assessed  and  collected  in  the  manner  provided  by  chapter 
ninety-two  of  the  General  Laws  relative  to  the  south  met- 
ropolitan sewerage  system. 

Section  1L  In  order  to  provide  funds  to  carry  out  any 
project,  in  anticipation  of  the  receipt  by  the  commonwealth 
of  contributions  therefor  due  from  the  federal  government 
under  agreements,  the  state  treasurer,  with  the  approval  of 
the  governor,  may  borrow  from  time  to  time,  on  the  credit 
of  the  commonwealth,  such  amounts  as  may  be  certified  by 
the  emergency  public  works  commission  to  be  necessary  to 
provide  such  temporary  funds,  but  not  exceeding  at  the  time 
of  any  such  certification  the  balance  of  such  federal  funds 
then  remaining  unpaid,  and  the  state  treasurer  may  issue 
and  renew  notes  of  the  commonwealth  therefor,  bearing  in- 
terest payable  at  such  times  and  at  such  rates  as  shall  be 
fixed  by  him,  with  the  approval  of  the  governor.  Such  notes 
shall  be  issued  for  such  term,  not  exceeding  one  year,  as  may 
be  recommended  by  the  governor  to  the  general  court  in 
accordance  with  section  three  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth.    All  notes 


1126  Acts,  1941.— Chap.  720. 

issued  hereunder  shall  be  signed  by  the  state  treasurer,  ap- 
proved by  the  governor  and  countersigned  by  the  comp- 
troller. 

Section  12.  No  act  shall  be  done  under  authority  of 
this  act,  except  in  the  making  of  surveys,  plans  and  borings 
and  other  preliminary  investigations  for  submission  to  the 
governor  for  approval,  until  the  plans  of  the  system  of  sew- 
erage and  sewage  disposal  herein  authorized  have  been  ap- 
proved by  the  department  of  public  health.  Upon  appli- 
cation to  said  department  for  its  approval  of  any  sewage 
disposal  works,  it  shall  give  a  hearing,  after  due  notice  to 
the  public.  At  such  hearing,  plans  showing  in  detail  all  the 
work  to  be  done  in  constructing  such  sewage  disposal  works 
shall  be  submitted  for  approval  by  said  department. 

Section  13.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  adopt,  and  thereafter 
may  alter,  amend  and  repeal,  rules  and  regulations  con- 
cerning the  discharge  of  sewage,  drainage,  substances  or 
wastes  into  any  sewer  under  its  control,  or  any  sewer  tribu- 
tary thereto,  within  the  north  metropolitan  sewerage  dis- 
trict or  the  south  metropolitan  sewerage  district.  Failure 
on  the  part  of  any  municipality  within  either  of  said  dis- 
tricts to  comply  with  any  such  rule  or  regulation,  or  with 
any  order  made  under  authority  thereof,  lawfully  affecting 
such  municipality,  shall  be  sufficient  cause  for  the  levying 
and  collecting  by  said  metropolitan  district  commission 
from  such  municipality  of  such  additional  assessment  or 
assessments  as  said  metropolitan  district  commission  may 
deem  necessary  to  compensate  it  for  the  disposal  of  sewage, 
drainage,  substances  or  wastes  from  such  municipality;  pro- 
vided, that  no  such  additional  assessment  shall  be  levied  on 
any  such  municipality  in  any  one  year  which  shall  exceed 
the  lesser  of  an  amount  equal  to  one  twentieth  of  one  per 
cent  of  the  taxable  value  of  such  municipality,  or  the  sum  of 
two  hundred  thousand  dollars. 

Section  14.  The  metropolitan  district  commission  shall, 
upon  the  completion  by  the  city  of  Boston  of  the  sewage 
treatment  plant  of  the  Boston  main  drainage  system,  dis- 
pose of  the  sludge  from  said  treatment  plant. 

Section  15.  Chapter  four  hundred  and  eighty-five  of  the 
acts  of  nineteen  hundred  and  seven,  as  amended,  is  hereby 
repealed.  Chapter  five  hundred  and  twelve  of  the  acts  of 
nineteen  hundred  and  thirtjMiine  is  hereby  repealed;  but 
this  repeal  shall  not  affect  the  validity  of  any  obligation  or 
liability  incurred  or  act  done  under  said  chapter.  If  there 
are  any  liabilities  incurred  under  said  last  mentioned  chapter 
to  meet  which  no  funds  are  available  except  by  borrowing 
thereunder,  the  necessary  funds  may  be  borrowed  in  the 
manner  and  to  the  extent  provided  by  said  chapter. 

Section  16.  The  existence  of  the  emergency  public  works 
commission,  established  by  section  one  of  chapter  three  hun- 
dred and  sixty-five  of  the  acts  of  nineteen  hundred  and 
thirty-three,  as  extended  by  section  one  of  chapter  three 


Acts,  1941.  — Chap.  720.  1127 

hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
thirty-five,  by  chapter  three  hundred  and  thirty-eight  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  by  section  one  of 
chapter  twenty  of  the  acts  of  nineteen  hundred  and  thirty- 
eight  and  by  section  three  of  chapter  five  hundred  and  one 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  is  hereby 
further  extended  to  June  thirtieth,  nineteen  hundred  and 
forty-five. 

Section  17.  Wherever  in  chapter  three  hundred  and 
sixty-five  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
reference  is  made  to  the  National  Industrial  Recovery  Act 
or  any  title  or  part  thereof,  or  to  the  Emergency  Relief  Ap- 
propriation Act  of  1935,  such  reference  shall  be  deemed  and 
held  to  refer  also  to  all  acts  and  joint  resolutions  of  Con- 
gress enacted  during  nineteen  hundred  and  forty-one  to 
nineteen  hundred  and  forty-seven,  inclusive,  authorizing 
federal  funds  or  federal  assistance,  or  both,  for  public  proj- 
ects. 

Section  18.  If  further  federal  appropriations  are  author- 
ized for  aiding  in  the  construction  of  state  projects  during 
any  of  the  years  nineteen  hundred  and  forty-one  to  nine- 
teen hundred  and  forty-seven,  inclusive,  the  emergency 
public  works  commission  is  hereby  authorized  to  make  ap- 
plications for  federal  funds  or  federal  assistance,  or  both,  for 
any  project  for  which  the  general  court  may  have  made  an 
appropriation  and,  with  the  approval  of  the  governor,  to 
accept  any  such  federal  funds  or  federal  assistance,  or  both, 
in  the  name  of  the  commonwealth;  and  in  relation  thereto 
said  commission  shall  have  all  the  powers  and  duties  hitherto 
conferred  and  imposed  upon  it  by  chapter  three  hundred 
and  sixty-five  of  the  acts  of  nineteen  hundred  and  thirty- 
three  and  acts  in  amendment  thereof  and  in  addition  thereto. 
Nothing  herein  shall  be  construed  as  affecting  the  powers 
and  duties  of  the  department  of  public  works  with  respect 
to  the  application  for  and  acceptance  of  federal  funds. 

Section  19.  Section  eleven  of  chapter  four  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and  thirty-eight,  in- 
serted by  section  three  of  chapter  five  hundred  and  one  of 
the  acts  of  nineteen  hundred  and  thirty-eight,  is  hereby 
amended  by  striking  out  in  the  twentieth  line  the  word 
"thirty"  and  inserting  in  place  thereof  the  word:  —  twenty, 
—  so  that  the  last  sentence  of  said  section  will  read  as  fol- 
lows :  —  Each  appointive  member  of  the  commission  shall 
receive  from  the  commonwealth  as  compensation  for  each 
day's  attendance  at  meetings  of  the  commission,  the  sum  of 
twenty  dollars;  provided,  that  the  total  amount  paid  under 
said  section  one,  as  amended,  and  under  the  foregoing  pro- 
visions of  this  act  .to  any  such  member  shall  not  exceed 
three  thousand  dollars  in  any  period  of  twelve  months. 

Approved  October  30,  19J^1. 


1128 


Acts,  1941.  — Chaps.  721,  722. 


Chav.721  An  Act  authorizing  the  restricting  of  civil  service 

EXAMINATIONS    IN    CERTAIN    CASES    EITHER    TO    MALE    PER- 
SONS OR  TO   FEMALE  PERSONS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  31, 
§  2A  (c),  etc.. 
amended. 


Restriction  of 
civil  service 
examinations 
to  male  or 
female  appli- 
cants. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  in  part  to  save  unnecessary- 
expense  to  the  commonwealth  in  connection  with  certain 
civil  service  examinations  now  open  to  persons  of  both 
sexes,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Clause  (c)  of  section  two  A  of  chapter  thirty-one  of  the 
General  Laws,  as  appearing  in  section  eleven  of  chapter  two 
hundred  and  thirty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  amended  by  inserting  after  the 
word  "chapter"  in  the  fifth  line  the  words:  —  ,  which  exami- 
nations may,  in  the  discretion  of  the  director  and  with  the 
approval  of  the  director  of  personnel  and  standardization  in 
the  case  of  positions  or  employments  in  the  service  of  the 
commonwealth,  and  if  requested  in  the  requisition  of  the 
appointing  authority  of  a  city  or  town  in  the  case  of  posi- 
tions or  employments  in  the  service  thereof,  be  restricted 
either  to  male  persons  or  to  female  persons,  —  so  as  to 
read  as  follows :  — 

(c)  Determine  and  pass  upon  the  quahfications  of  appli- 
cants; and  hold  examinations  for  the  purpose  of  establish- 
ing eligible  lists  of  persons  for  appointment  to  the  classified 
service  of  the  commonwealth  and  all  cities  and  towns  sub- 
ject to  the  provisions  of  this  chapter,  which  examinations 
may,  in  the  discretion  of  the  director  and  with  the  approval 
of  the  director  of  personnel  and  standardization  in  the  case 
of  positions  or  employments  in  the  service  of  the  common- 
wealth, and  if  requested  in  the  requisition  of  the  appointing 
authority  of  a  city  or  town  in  the  case  of  positions  or  em- 
ployments in  the  service  thereof,  be  restricted  either  to  male 
persons  or  to  female  persons; 

Approved  October  SO,  WJfl. 


G.  L.  (Ter. 
Ed.)  6,  5  8, 
amended. 


Chap. 722  An  Act  making   certain   corrective   qhanges  in   the 

STATUTES   OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  six  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  inserting  after  the  word  "appropriated"  in  the 
second  line  the  word :  —  for,  —  and  by  striking  out,  in  the 
second  and  third  lines,  the  words  "twenty-five  to  thirty- 
three"  and  inserting  in  place  thereof  the  words:  —  seven- 

M^enses'of*"^^    teen  to  twenty-six,  —  so  as  to  read  as  follows:  —  Section  8. 

executive  An  amount  not  exceeding  one  hundred  thousand  dollars 

department. 


Acts,  1941.  — Chap.  722.  1129 

shall  be  appropriated  for  each  year  for  carrying  out  sections 
seventeen  to  twenty-six,  inclusive,  of  chapter  thirty-three, 
for  the  entertainment  of  the  president  of  the  United  States 
and  other  distinguished  guests  while  visiting  or  passing 
through  the  commonwealth,  for  extraordinary  expenses  not 
otherwise  provided  for,  which  the  governor  and  council  may 
deem  necessary,  and  for  transfer,  upon  the  recommendation 
of  the  comptroller,  with  the  approval  of  the  governor  and 
council,  to  such  appropriations  as  have  proved  insufficient. 

Section  1A.     Section  forty-seven  of  chapter  thirteen  of  EdViJ^"^' 
the  General  Laws,  inserted  by  section  one  of  chapter  six  §  47,'  etc., 
hundred  and  forty-three  of  the  acts  of  the  current  year,  is  '^'"'*'^'^<"^- 
hereby  amended  by  striking  out  at  the  end  the  words  "eighty-  of'^memiferf  *'" 
one  A  to  eighty-one  Q,  inclusive"  and  inserting  in  place  of  board. 
thereof  the  words :  —  eighty-one  D  to  eighty-one  T,  inclu- 
sive, of  chapter  one  hundred  and  twelve. 

Section  2.    Section  four  F  of  chapter  thirty-two  of  the  9.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  sections  two  §  4f',  etc.. 
and  three  of  chapter  three  hundred  and  seventy-nine  of  the  a^'ended. 
acts  of  the  current  year,  is  hereby  further  amended  by  strik- 
ing out  paragraph  (1)  and  inserting  in  place  thereof  the 
following:  — 

(1)  If  the  board,  upon  receipt  of  proper  proof,  finds  that  i^^'^out^ofetc 
a  member  died  as  the  natural  and  proximate  result  of  a  employment. 
personal  injury  sustained  or  a  hazard  undergone,  at  some  Benefits 
definite  time  and  place,  while  such  member  was  engaged  in  p^^*^^'^- 
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  occu]"red 
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 
accumulated  assessments,  or,  in  case  his  death  occurred 
after  retirement  for  accidental  disability,  the  sum  allocable 
to  his  account  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  mem- 
ber, as  hereinafter  designated,  an  accidental  death  benefit 
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.  The  said 
pension  shall  begin  as  of  the  date  of  the  death  of  said  mem- 
ber and  shall  be  paid  — 

(a)  To  the  surviving  husband  or  wife,  if  living  together 
on  the  date  of  said  ijj juries  or  hazard  and  principally  de- 
pendent for  support  upon  such  member,  or  to  the  surviving 
wife,  if,  at  the  time  of  the  husband's  death,  the  board  finds 
that  the  wife  was  living  apart  from  him  for  justifiable  cause 
or  because  he  deserted  her,  so  long  as  he  or  she  remains 
unmarried;  provided,  that  in  the  case  of  a  widow  of  a  mem- 
ber, who  is  not  eligible  at  the  time  of  the  death  of  said  mem- 


1130 


Acts,  1941.  — Chap.  722. 


G.  L.  (Ter. 
Ed.),  32, 
§  4F,  etc., 
further 
amended. 


Accidental 
death  benefits. 


G.  L.  (Ter. 
Ed.),  32, 
§  311,  etc., 
amended. 


Retirement 
benefits  for 
employees  of 
water,  etc., 
districts. 


ber,  if  at  a  subsequent  date  the  board  finds  that  said  widow, 
because  of  changed  circumstances,  would  be  principally  de- 
pendent upon  her  husband  if  he  were  living,  such  pension 
may  thereafter  be  paid  to  her  but  no  pension  shall  be  paid 
for  any  period  prior  to  the  finding  of  the  board. 

(6)  If  there  is  no  husband  or  wife  surviving  such  member, 
or  if  the  surviving  husband  or  wife  dies  before  each  child  of 
such  member  shall  have  attained  age  eighteen,  or  if  the  wife 
was  living  apart  from  the  member  for  unjustifiable  cause,  or 
because  of  her  own  desertion,  and  is  therefore  ineligible  for 
benefits,  on  the  date  of  the  injuries  or  hazard  undergone, 
then  to  a  legal  guardian  for  the  benefit  of  the  surviving 
child  or  children,  divided  in  such  manner  as  the  board  shall 
from  time  to  time  determine,  but  it  shall  be  discontinued, 
reduced  or  apportioned  upon  any  such  child  attaining  age 
eighteen,  or  upon  the  death  of  any  such  child  before  attain- 
ing age  eighteen. 

(c)  If  there  is  no  husband,  wife  or  child  or  children  under 
age  eighteen  surviving  such  member,  then  to  his  totally 
dependent  father  or  mother,  or  both,  and  the  survivor  of 
them,  as  the  board  in  its  discretion  shall  determine,  during 
dependency  and  until  remarriage  of  either. 

Section  3.  Said  section  four  F  is  hereby  further  amended 
by  striking  out  paragraph  (2),  as  appearing  in  section  one 
of  chapter  four  hundred  and  thirty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-eight,  and  inserting  in  place  thereof 
the  following :  — 

(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. 

Section  4.  Section  thirty-one  I  of  chapter  thirty-two  of 
the  General  Laws,  as  amended,  is  hereby  further  amended 
by  striking  out  the  new  subdivision  added  thereto  by  chap- 
ter three  hundred  and  eighty-six  of  the  acts  of  the  current 
year  and  inserting  in  place  thereof  the  following :  — 

(5)  (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  sec- 
tions 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  applicable.  A  duly  attested  copy  of 
such  vote  shall  be  filed  by  the  clerk  of  the  district,  or  per- 
son performing  like  duties,  with  the  commissioner  of  insur- 


Acts,  1941.— Chap.  722.  1131 

ance  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 
expiration  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  sec- 
tions by  the  district  and  the  date  on  which  said  sections 
will  become  operative  therein. 

(6)  On  the  date  when  said  sections  become  operative  for 
employees  of  any  district  as  set  forth  in  paragraph  (5)  (a) 
of  this  section,  such  employees  may  become  members  of  the 
retirement  system  of  the  city  or  town  within  whose  territory 
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  main- 
tains such  a  system.  Said  employees  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  employees  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  pay- 
able 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  corpora- 
tion, 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. 

Section  5.     Section  one  hundred  of  chapter  forty-three  g.  l.  (Ter. 
of  the  General  Laws,  inserted  by  section  fifteen  of  chapter  f'Joo.^^tc, 
three  hundred  and  seventy-eight  of  the  acts  of  nineteen  amended. 
hundred  and  thirty-eight,  is  hereby  amended  by  striking 
out,  in  the  ninth  line,  the  words  "twenty-five  A  and  twenty- 
six"  and  inserting  in  place  thereof  the  words:  —  eighteen 
and  nineteen,  —  so  as  to  read  as  follows:  —  Section  100.  '^i?^°[^°^^ 
The  mayor  shall  be  recognized  as  the  official  head  of  the  of  city. 
city  for  all  ceremonial  purposes  and  shall  be  recognized  by 
the  courts  for  the  purpose  of  serving  civil  process  and  by 
the   governor   for   military   purposes.      In   time   of   public 
danger  or  emergency,  as  determined  by  the  city  council,  he 
may,  with  its  consent,  take  command  of  the  police,  main- 
tain order  and  enforce  the  laws;    and  he  shall  have  all  the 
authority  and  powers  conferred  upon  mayors  by  sections 
eighteen  and  nineteen  of  chapter  thirty-three.     He  shall  be 
chairman  of  the  city  council  and  chairman  of  the  school 


1132 


Acts,  1941.— Chap.  722. 


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

Vacancies  in 
elective  bodies. 


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

Eligibility 
for  elections. 


G.  L.  (Ter. 
Ed.),  54, 
J  93.  etc., 
amended. 


committee.  He  shall  have  no  power  to  veto  but  shall  have 
the  same  powers  as  any  other  member  of  either  sucli  body- 
to  vote  upon  all  measures  coming  before  it.  He  shall  per- 
form such  other  duties  consistent  with  his  office  and  with 
sections  ninety-three  to  one  hundred  and  sixteen,  inclusive, 
as  may  be  imposed  upon  him  by  the  city  council.  During 
the  absence  or  disability  of  the  mayor,  or  during  the  time 
such  office  is  vacant,  his  duties  shall  be  performed  by  the 
vice-chairman.  In  case,  at  any  time,  there  shall  be  neither 
a  mayor  nor  a  vice-chairman,  the  member  of  the  council 
senior  in  length  of  service,  or,  if  more  than  one  have  so 
served,  then  the  member  senior  both  in  age  and  length  of 
service  shall  perform  the  duties  of  mayor  until  a  new  mayor 
has  qualified.  The  mayor  shall  have  no  power  of  appoint- 
ment, except  of  the  employees  mentioned  in  section  twenty- 
five  and  except  as  provided  in  section  one  hundred  and  two. 

Section  6.  Section  one  hundred  and  two  of  said  chapter 
forty-three,  as  so  inserted,  is  hereby  amended  by  striking 
out,  in  the  first  and  second  lines,  the  words  "or  in  section 
twenty-six",  —  so  as  to  read  as  follows:  —  Section  102. 
Except  as  provided  in  this  section,  a  vacancy  in  any  elective 
body  shall  be  filled  in  the  manner  provided  in  section  thir- 
teen of  chapter  fifty-four  A.  If,  under  said  section,  no  regu- 
larly nominated  candidate  of  the  city  council  or  school 
committee  remains,  the  vacancy  shall  be  filled  for  the  unex- 
pired term  by  a  majority  vote  of  the  remaining  members, 
except  that  if  the  remaining  members  fail  to  fill  such  vacancy 
within  thirty  days  after  they  shall  have  been  notified  by 
the  city  clerk  that  such  vacancy  exists,  such  vacancy  shall 
be  filled  by  the  appointment  of  any  qualified  voter  of  the 
city  by  the  mayor,  or,  if  there  is  no  maj^or,  by  the  vice- 
chairman,  or  if  there  is  no  mayor  or  vice-chairman,  by  the 
member  of  the  council  or  of  the  school  committee,  as  the 
case  may  be,  senior  in  length  of  service,  or,  if  more  than  one 
have  so  served,  then  the  member  senior  both  in  age  and 
length  of  service. 

Sj:ction  7.  Section  one  hundred  and  ten  of  said  chapter 
forty-three,  as  so  inserted,  is  hereby  amended  by  striking 
out,  in  the  fifth  line  of  the  form  of  petition,  the  words  "for 
nomination",  —  so  that  said  form  will  read  as  follows:  — 
Whereas  (name  of  candidate)  is  a  candidate  for  the  office  of 
(state  the  office),  we,  the  undersigned,  voters  of  the  city  of 
,  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  said  office  be  printed  on  the 
official  ballot  to  be  used  at  the  regular  municipal  election 
to  be  held  on  the  Tuesday  of  , 

nineteen  hundred  and 

Section  8.  Section  ninety-three  of  chapter  fifty-four  of 
the  General  Laws,  as  amended  by  section  five  of  chapter 
four  hundred  and  four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in 
the  fourth  line,  the  word  "conclusive",  —  so  as  to  read  as 


Acts,  1941.  — Chap.  722.  -  1133 

follows :  —  Section  93.    All  ballots  cast  under  the  preceding  Mailing  of 
-section  shall  be  mailed  or  delivered,  as  the  case  may  be,  on    *'^°*®'  ®*''' 
or  before  the  day  of  election.    A  postmark,  if  legible,  shall 
be  evidence  of  the  time  and  place  of  mailing. 

Section  9.     Section  two  of  chapter  one  hundred  and  %^\^2' 
twelve  of  the  General  Laws,  as  most  recently  amended  by  §  2',  etc.. ' 
section  thirty-seven  of  chapter  four  hundred  and  fifty-one  *™^'^^®'^- 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
further  amended  by  striking  out,  in  the  fifth  line,  the  word 
"twenty-three"  and  inserting  in  place  thereof  the  words: 

—  nine  A,  —  so  that  the  first  sentence  will  read  as  follows : 

—  Applications    for    registration    as    qualified    physicians,  Registration, 
signed  and  sworn  to  by  the  applicants,  shall  be  made  upon  physicians. 
blanks  furnished  by  the  board  of  registration  in  medicine, 

herein  and  in  sections  three  to  nine  A,  inclusive,  called  the 
board. 

Section  9A.     Section  two  of  chapter  six  hundred  and  §^2?amtnded 
forty-three  of  the  acts  of  the  current  year  is  hereby  amended 
by  striking  out  so  much  thereof  as  is  contained  in  the  intro- 
ductory paragraph   and    in  subsection    eightj^-one  A   and 
inserting   in   place   thereof   the   following :  —  Chapter   one  g.  l.  (Ter. 
hundred  and  twelve  of  the  General  Laws  is  hereby  amended  ne^w^'§§^|iD- 
by  inserting  after  section  eighty-one  C,  inserted  by  section  sit.  inserted, 
three  of  chapter  six  hundred  and  twenty  of  the  acts  of  the 
current  year,  the  following  seventeen  new  sections,  under 
the   following   caption :  —  registration   of   professional 

ENGINEERS    AND    OF    LAND    SURVEYORS.       Section    81 D.       The  Certain  terms 

following  words  and  phrases  as  used  in  sections  eighty-one  D  '^«'fi°««^- 
to  eighty-one  T,  inclusive,  hereinafter  referred  to  as  said 
sections,  shall,  unless  the  context  otherwise  requires,  have 
the  following  meanings:  —  "Board",  the  board  of  regis- 
tration of  professional  engineers  and  of  land  surveyors  estab- 
lished by  section  forty-five  of  chapter  thirteen.  "Land  sur- 
veying", or  "practice  of  land  surveying"  shall  include 
surveying  of  land  for  any  purpose.  "Professional  engineer", 
any  person  who  engages  in  the  practice  of  professional  en- 
gineering; provided,  that  said  phrase  shall  not  include  an 
architect  or  the  practice  of  architecture,  or  an  engineer  li- 
censed under  chapter  one  hundred  and  forty-six,  nor  shall 
registration  as  a  professional  engineer  qualify  a  person  to 
practice  as  an  engineer  licensed  under  chapter  one  hundred 
and  forty-six.  "Professional  engineering",  or  "practice  of 
professional  engineering",  performing,  or  holding  one's  self 
out  as  being  able  to  perform,  any  engineering  service  in 
connection  with  the  planning,  design  or  supervision  of  any 
structure,  machinery,  process,  project  or  work  requiring 
the  education,  training  and  experience  required  for  regis- 
tration as  a  professional  engineer  or  land  surveyor  as  pro- 
vided in  section  eighty-one  J;  provided,  that  said  sections 
shall  not  prohibit  employees  of  engineers  registered  under 
said  section  eighty-one  J  from  acting  under  the  instruction, 
control  or  supervision  of  their  employers,  nor  shall  said 
sections  apply  to  the  supervision  by  builders,  or  superin- 


1134 


Acts,  1941.  — Chap.  722. 


G.  L.  (Ter. 
Ed.),  112, 
§  81L,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  112, 
numisers  of 
sections 
changed. 

G.  L.  (Ter. 
Ed.),  123, 
§  84,  etc., 
amended. 


Treatment  of 
insane  persons 
in  military 
or  naval 
service. 


G.  L.  (Ter. 
Ed.),  132A, 
§  7,  amended. 


Rules  and 
regulations  as 
to  use  of  state 
parks,  etc. 


tendents  employed  by  such  builders,  of  buildings  or  struc- 
tures. 

Section  9B.  Section  eighty-one  L  of  said  chapter  one 
hundred  and  twelve  of  the  General  Laws,  inserted  by  said 
section  two,  is  hereby  amended  by  striking  out  at  the  end 
thereof  the  words  "eighty-one  G"  and  inserting  in  place 
thereof  the  words:  —  eighty-one  J. 

Section  9C.  The  numbers  of  sections  eighty-one  B  to 
eighty-one  Q,  inclusive,  of  said  chapter  one  hundred  and 
twelve,  inserted  by  said  section  two,  are  hereby  respectively 
changed  to  eighty-one  E  to  eighty-one  T,  inclusive. 

Section  10.  Chapter  one  hundred  and  twenty-three  of 
the  General  Laws  is  hereby  further  amended  by  striking  out 
section  eighty-four,  as  most  recently  amended  by  section 
twenty-six  of  chapter  four  hundred  and  ninety  of  the  acts 
of  the  current  year,  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  84-  The  superintendent  of  any  state 
hospital  for  the  insane,  or  of  the  INIcLean  hospital,  may 
receive  for  care  and  treatment  any  person  in  the  military  or 
naval  service  of  the  United  States  who  is  suffering  from 
mental  disease  and  cannot  properly  be  cared  for  at  the  army 
post,  naval  station,  air  base  or  government  hospital  within 
the  confines  of  the  commonwealth  where  he  is  stationed  or 
happens  to  be,  upon  the  written  application  of  the  medical 
officer  in  charge  at  such  army  post,  naval  station,  air  base 
or  government  hospital,  who  shall  make  a  full  statement  of 
the  case  in  such  form  as  the  department  prescribes.  Unless 
otherwise  ordered  by  the  proper  military  or  naval  authority, 
persons  received  into  an  institution  under  this  section  may 
be  detained  therein  for  a  period  not  exceeding  sixty  days, 
except  that  further  detention,  if  necessary,  may  be  author- 
ized by  the  department. 

Section  11.  Chapter  one  hundred  and  thirty-two  A  of 
the  General  Laws  is  hereby  amended  bj^  striking  out  section 
seven,  as  appearing  in  the  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following :  —  Section  7.  The  com- 
missioner, with  the  approval  of  the  governor  and  council, 
may  make  rules  and  regulations  for  the  government  and  use 
of  all  property  under  the  control  of  the  division,  including 
rules  and  regulations  relative  to  hunting  and  fishing  not 
inconsistent  with  the  laws  protecting  fish,  birds  and  mam- 
mals. Such  rules  and  regulations  may  also  provide  for  the 
payment  of  fees  and  other  charges  for  the  parking  of  vehicles 
and  for  the  enjoyment  of  other  special  privileges  within  the 
territory  under  such  control.  The  commissioner  shall  cause 
such  rules  and  regulations  to  be  posted  in  the  territory  to 
which  they  apply.  The  sworn  certificate  of  the  director  of 
the  division  that  the  same  have  so  been  posted  shall  be 
prima  facie  evidence  thereof.  Violation  of  such  a  rule  or 
regulation  shall  be  punished  by  a  fine  not  exceeding  twenty 
dollars.  The  commissioner  may  grant  concessions  for  the 
sale  of  refreshments  and  other  articles  and  the  furnishing 
of  services  within  any  such  territory. 


Acts,  1941.  — Chap.  722.  1135 

Forest  supervisors,  park  superintendents  and  laborers 
employed  by  the  department,  while  employed  in  state 
forests,  state  parks  or  reservations  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  police  officers,  if  so  authorized  in  writing  by 
the  commissioner. 

Section  12.  Chapter  four  hundred  and  twenty-one  of 
the  acts  of  nineteen  hundred  and  thirty-five  is  hereby 
amended  by  striking  out  section  one,  as  most  recently 
amended  by  section  twenty  of  chapter  one  hundred  and 
ninety-four  of  the  acts  of  the  current  year,  and  inserting  in 
place  thereof  the  following  section :  —  Section  1 .  As  soon 
as  funds  become  available  for  the  construction  of  a  state 
hospital  for  the  criminal  insane  on  land  of  the  state  prison 
colony  at  Norfolk,  the  commissioner  of  correction  is  hereby 
authorized,  with  the  approval  of  the  governor  and  council, 
to  transfer  to  the  department  of  mental  health  the  con- 
trol of  so  much  of  said  land  as,  in  the  opinion  of  the  com- 
missioner of  correction,  the  commissioner  of  mental  health 
and  the  chairman  of  the  commission  on  administration  and 
finance,  may  be  necessary  for  such  a  state  hospital,  or  as 
soon  as  funds  become  available  for  the  acquisition  of  other 
land  and  the  construction  thereon  of  such  a  state  hospital, 
said  commissioner  of  mental  health  may,  with  the  approval 
of  the  governor  and  council,  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
purchase  or  otherwise,  such  land  as  may  be  necessary  for 
such  construction. 

Section  13.  Said  chapter  four  hundred  and  twenty-one 
is  hereby  further  amended  by  striking  out  section  two,  as 
most  recently  amended  by  section  twenty-one  of  said  chap- 
ter one  hundred  and  ninety-four,  and  inserting  in  place 
thereof  the  following  section :  —  Section  2.  Upon  the  acqui- 
sition of  land  by  transfer  of  control,  taking,  purchase  or 
otherwise  under  section  one,  there  shall  be  constructed 
thereon  a  state  hospital  for  the  criminal  insane,  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  reception  of  patients,  the 
governor  shall  issue  his  proclamation  establishing  said  hos- 
pital 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  October  SO,  1941. 


1136  Acts,  1941.— Chaps.  723,  724,  725. 


Chap. 723  An  Act  imposing  certain  restrictions  on  the  issue  of 

NON-ASSESSABLE  POLICIES,   SO   CALLED,   BY  MUTUAL  INSUR- 
ANCE   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  seven  hundred  and  sixteen  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding  at  the  end  the 
following  new  section :  —  Section  6.  No  mutual  insurance 
company  shall  issue  non-assessable  policies  under  this  act 
prior  to  April  first,  nineteen  hundred  and  forty-three,  unless 
such  company,  or  any  predecessor  prior  to  merger  or  con- 
solidation, has  been  actively  engaged  in  the  insurance  busi- 
ness in  one  or  more  states  of  the  United  States  continuously 
for  ten  years  immediately  prior  to  the  effective  date  of  this 
act.  Approved  October  31,  19^1, 

Chap. 724  An  Act  relative  to  interest  on  certain  special  assess- 
ments. 

Emergency  Wkcreas,  In  ordcr  to  make  uniform  the  application  of  the 

^  ™    '  reduction  in  interest  rates  made  by  chapter  five  hundred 

and  ninety-five  of  the  acts  of  nineteen  hundred  and  forty- 
one,  it  is  necessary  that  this  act  take  effect  not  later  than 
the  effective  date  of  said  chapter,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Chapter  five  hundred  and  ninety-five  of  the 
acts  of  nineteen  hundred  and  forty-one  is  hereby  amended 
by  adding  at  the  end  the  following  section :  —  Section  2. 
The  rate  of  interest  established  by  this  act  shall  apply  to 
assessments  made  on  account  of  the  cost  of  public  improve- 
ments, except  under  any  special  act  establishing  the  rate  of 
interest  to  be  charged  thereon,  which  are  committed  to  the 
collector  on  or  after  its  effective  date,  and  to  such  assess- 
ments and  portions  thereof  so  committed  prior  to  said  date, 
which  are  added  to  the  annual  tax  for  the  year  nineteen 
hundred  and  forty-two  or  for  any  subsequent  j^ear. 

Section  2.  This  act  shall  take  effect  on  the  effective  date 
of  said  chapter  five  hundred  and  ninety-five. 

Approved  October  31,  1941' 

Chap.725  An  Act  placing  under  the  civil  service  certain  of- 
ficers and  employees  in  the  department  of  public 
health. 

Emergency  Whcreas,  The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purposc  by  depriving  the  commonwealth  of 

the  benefit  of  certain  federal  grants,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  imme- 
diate preservation  of  the  public  convenience. 


Acts,  1941.  — Chap.  725.  1137 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  seventeen  of  the  General  Laws  is  g  l.  (Xer. 
hereby  amended  by  striking  out  section  four,  as  most  re-  etc!,  amended, 
cently  amended  by  section  eleven  of  chapter  five  hundred 
and  ninety-six  of  the  acts  of  nineteen  hundred  and  forty- 
one,  and  inserting  in  place  thereof  the  following  section :  — 
Section  A.     There  shall  be  in  the  department  a  division  of  pivision  in 

.  1  ,  .,  1.     •    •  ,1  .      •  department  of 

sanatoria  and  such  other  divisions  as  the  commissioner,  pubUc  health. 
with  the  approval  of  the  public  health  council,  may  from 
time  to  time  determine.  The  commissioner  may  appoint  a 
director  of  the  division  of  sanatoria,  and,  subject  to  the 
approval  of  the  public  health  council,  shall  appoint  a  direc- 
tor to  take  charge  of  every  other  division,  and  shall  prescribe 
the  duties  of  such  other  divisions.  Every  such  director  shall 
be  subject  to  chapter  thirty-one. 

Section   2.     Said  chapter  seventeen  is  hereby  further  g^l.  (Ter. 
amended  by  striking  out  section  six,  as  appearing  in  the  amended.    ' 
Tercentenary  Edition,   and  inserting  in  place  thereof  the 
following   section :  —  Section   6.      The    commissioner   may,  Appointment 
with   the  approval  of  the  public  health  council,   appoint  director^'of 
assistant  directors  of  divisions  and  epidemiologists,  inspec-  divisions,  etc. 
tors   and   other  necessary  employees.      Persons   appointed 
hereunder  shall  be  subject  to  chapter  thirty-one. 

Section  3.     Said  chapter  seventeen  is  hereby  further  g- l.  (Xer. 
amended  by  striking  out  section  seven,  as  so  appearing,  and  ameAded.    ' 
inserting  in  place  thereof  the  following  section :  —  Section  7.  District  health 
The  commissioner,  with  the  approval  of  the  public  health  "ff^cers. 
council,  shall  appoint  a  district  health  officer  for  each  health 
district  provided  in  section  four  of  chapter  one  hundred  and 
eleven.     Such  officers  shall  be  graduates  of  incorporated 
medical  schools,  admitted  to  practice  in  the  commonwealth, 
or  shall  have  had  at  least  five  years'  experience  in  public 
health  duties  and  sanitary  science,  shall  give  their  entire 
time  to  the  performance  of  their  duties,  and  shall  be  subject 
to  chapter  thirty-one. 

Section  4.  The  commissioner  of  public  health  shall 
transmit  to  the  director  of  civil  service  a  list  of  the  officers 
and  employees  who,  on  the  effective  date  of  this  act,  are 
incumbents  of  the  offices  and  positions  made  subject  by 
this  act  to  the  civil  service  laws  and  the  rules  and  regula- 
tions made  thereunder. 

Section  5.  The  director  of  civil  service,  on  receipt  of 
said  list,  shall  forthwith  proceed  to  give  a  qualifying  exami- 
nation to  each  officer  and  employee  on  such  list  to  determine 
his  qualifications  to  perform  the  duties  of  such  office  or  posi- 
tion, as  the  case  may  be. 

Section  6.  If  any  such  officer  or  employee  fails  to  pass 
such  qualifying  examination,  said  director  shall  transmit  to 
the  commissioner  of  public  health  notice  of  the  results  of 
said  examination,  whereupon  the  services  of  said  officer  or 
employee  shall  terminate.  Said  director  shall  certify  such 
officers  and  employees  who  pass  such  qualifying  examina- 


1138 


Acts,  1941.  — Chap.  726. 


tion  to  their  respective  offices  and  positions,  and  they  shall 
be  deemed  to  be  permanently  appointed  thereto  without 
serving  any  probationary  period,  and  their  tenure  of  office 
or  employment  shall  be  unlimited,  subject,  however,  to  the 
civil  service  laws  and  the  rules  and  regulations  made  there- 
under. Approved  October  31,  1941- 


Chap. 72Q  An  Act  relative  to  appeals  from  the  classification 

OF  CERTAIN  CORPORATIONS  IN  THE  LISTS  FURNISHED  TO 
TOWNS  AND  CITIES  BY  THE  COMMISSIONER  OF  CORPORA- 
TIONS  AND    TAXATION, 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  58A, 
§  6,  etc., 
amended. 


Jurisdiction 
of  board  to 
decide  appeals. 


G.  L.  (Ter. 
Ed.),  58,  §  2, 
etc.,  amended. 


Persons 
aggrieved  by 
classification. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  one  of  its  purposes,  which  is  to  avoid  possible 
double  taxation  of  certain  corporations,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  fifty-eight  A  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
chapter  six  hundred  and  nine  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  further  amended  by  inserting  after 
the  word  "sections"  in  the  third  line,  as  appearing  in  said 
section  two,  the  word :  —  two,  —  so  that  the  first  sentence 
will  read  as  follows :  —  The  board  shall  have  jurisdiction  to 
decide  appeals  under  the  provisions  of  section  forty-two  E 
of  chapter  forty;  of  sections  two,  fourteen  and  twenty-five 
of  chapter  fifty-eight;  of  clauses  seventeenth  and  twenty- 
second  of  section  five  of  chapter  fifty-nine ;  of  sections  seven, 
thirty-nine,  sixty-four,  sixty-five,  sixty-five  B,  seventj^-three 
and  eighty-one  of  said  chapter  fifty-nine ;  of  section  two  of 
chapter  sixty  A;  of  section  forty-five  of  chapter  sixty-two; 
of  sections  two,  eighteen  A,  twenty-eight,  fifty-one,  sixty 
and  seventy-one  of  chapter  sixty-three;  of  section  six  of 
chapter  sixty-four;  of  sections  five  and  ten  of  chapter  sixty- 
four  A;  of  sections  twenty-five  and  twenty-six  of  chapter 
sixty-five;  of  section  four  of  chapter  sixty-five  A;  and 
under  any  other  provision  of  law  wherein  such  jurisdiction 
is  or  may  be  expressly  conferred. 

Section  2.  Section  two  of  chapter  fifty-eight  of  the 
General  Laws,  as  amended  by  section  eighteen  of  chapter 
two  hundred  and  fifty-four  of  the  acts  of  nineteen  hundred 
and  thirty-three,  is  hereby  further  amended  by  adding  at 
the  end  the  following  new  paragraph :  — 

Any  person  aggrieved  by  any  classification  made  by  the 
commissioner  under  any  provision  of  chapter  fifty-nine  or 
by  any  action  taken  by  the  commissioner  under  authority 
of  this  section  may,  within  thirty  days  after  the  list  described 
in  this  section  has  been  forwarded  to  the  assessors,  file  an 
application  with  the  commissioner,  on  a  form  approved  by 
him,  stating  therein  the  kind  of  classification  claimed  by  the 
person.    The  commissioner  shall,  within  ten  days  after  his 


Acts,  1941.  — Chap.  727.  1139 

decision  on  said  application,  give  written  notice  thereof  to 
the  appHcant.  A  person  may  appeal  to  the  appellate  tax 
board  within  thirty  days  after  receiving  the  notice  herein 
provided,  or  within  thirty  days  after  the  time  when  the 
application  for  classification  is  deemed  to  be  refused  as  here- 
inafter provided.  Whenever  the  commissioner,  before  whom 
an  application  in  writing  for  classification  is  or  shall  be 
pending,  fails  to  act  upon  said  application  prior  to  the 
expiration  of  twenty  days  from  the  date  of  the  filing  of  said 
application  it  shall  then  be  deemed  to  be  refused.  The 
decision  of  the  board  shall  be  binding  upon  the  parties  to 
any  proceeding  pending  or  brought  before  it  which  involves 
a  tax  for  the  year  to  which  the  decision  is  applicable.  For 
the  purposes  of  this  section,  "person"  shall  include  a  board 
of  assessors.  Approved  October  31,  1941. 


An  Act  relative  to  the  furnishing  of  water  to  towns  Qfiaj)  727 

IN     THE     metropolitan     WATER     DISTRICT     AND     CERTAIN 
OTHER   TOWNS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^r'^ambiT^ 
to  defeat  one  of  the  principal  purposes  thereof,  which  is  to 
make  water  available  as  soon  as  possible  in  the  present  con- 
dition of  drouth,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission,  on  ap- 
plication of  any  town,  water  company  or  water  supply, 
water,  fire  or  fire  and  water  district  on  or  before  June  thir- 
tieth, nineteen  hundred  and  forty-three,  may,  with  the 
approval  of  the  department  of  public  health,  furnish  water 
from  its  system  of  metropolitan  water  works  to  any  such 
town,  water  company  or  district  on  payment  of  such  sum 
as  said  commission  may  determine,  and  may  continue  to 
furnish  the  same  notwithstanding  any  provision  of  section 
forty  of  chapter  forty  of  the  General  Laws.  Payment  by 
each  town,  water  company  or  district  so  supplied  for  such 
water  shall  include  its  fair  share,  as  determined  by  said 
commission,  of  the  cost  of  connection  which  may,  if  and  as 
so  determined,  be  distributed  over  a  period  not  exceeding 
ten  years. 

Section  2.  On  or  before  February  first  in  the  j^ear  nine- 
teen hundred  and  forty-two,  the  department  of  public 
health  shall  determine,  in  the  case  of  each  town  which  is  not 
a  member  of,  but  is  eligible  to  membership  in,  the  metropoli- 
tan water  district  by  reason  of  its  location,  and  of  each 
town  not  a  member  and  not  so  eligible  which  is  located  so 
that  it  can  reasonably  be  supplied  with  water  from  any  dis-, 
tributing  reservoir  of  said  district,  the  Quabbin  and  Wachu- 
sett  reservoirs  of  said  district  not  being  considered  distribut- 
ing reservoirs  for  the  purposes  of  this  act,  and  which  has  at 


1140  Acts,  1941.  — Chap.  727. 

any  time  requested  or  been  furnished  a  supply  of  water  from 
said  district,  the  maximum  continuous  rate  at  which  the 
water  supply  sources  of  said  town,  within  the  meaning  of 
section  sixteen  of  chapter  ninety-two  of  the  General  Laws, 
may  be  safely  depended  upon  to  furnish  a  suitable  supply  of 
water  during  the  next  succeeding  three  years,  not  including 
water  supplied  from  any  other  town,  water  company  or 
district,  or  water  diverted  from  the  watershed  of  the  Charles 
river  in  excess  of  amounts  specifically  permitted  bj'-  legisla- 
tive provisions,  or  any  water  obtained  under  section  forty 
of  chapter  forty  of  the  General  Laws.  Coincidentally  with 
such  determination,  said  department  shall  report  to  the 
metropolitan  district  commission  each  of  said  towns  which 
it  finds  cannot  be  so  supplied  continuously  with  a  quantity 
ten  per  cent  in  excess  of  its  average  consumption  during  the 
three  previous  calendar  years,  and  shall  notify  each  of  said 
towns  of  its  finding  with  respect  thereto. 

Section  3.  Any  town  having  an  established  water  sys- 
tem and  the  inadequacy  of  the  water  supply  of  which  has 
been  so  reported  by  said  department  ra&y,  with  the  approval 
of  said  department,  increase  its  supply  of  water  from  its 
own  sources  by  taking  water  from  authorized  sources  which 
are  not  already  appropriated  for  the  purposes  of  a  public 
water  supply;  provided,  that  application  for  such  approval 
is  made  on  or  before  June  thirtieth,  nineteen  hundred  and 
forty-three. 

Section  4.  Any  town  so  reported,  and  any  town  not  so 
reported  which  is  so  located  that  it  can  reasonably  be  sup- 
plied with  water  from  any  distributing  reservoir  as  defined 
in  section  two  of  this  act,  shall,  upon  its  application  therefor 
on  or  before  June  thirtieth,  nineteen  hundred  and  forty- 
three,  be  provided  forthwith  by  the  metropolitan  water  dis- 
trict with  a  connection  to  supply  its  immediate  needs  for 
water,  unless  already  adequately  connected.  Each  such 
town  shall  be  assessed  and  pay,  as  hereinafter  provided,  its 
fair  share  of  the  cost  of  said  connection  as  determined  by 
the  metropolitan  district  commission  and  certified  to  the 
state  treasurer,  which  may,  if  and  as  determined  by  said 
commission,  be  distributed  over  a  period  not  exceeding  ten 
years;  and  each  town  so  reported,  and  each  town  not  so 
reported  which  is  so  provided  with  a  connection,  whether  or 
not  located  within  ten  miles  of  the  state  house  as  provided 
in  section  ten  of  chapter  ninety-two  of  the  General  Laws, 
shall  be  eligible  to  membership  in  the  metropolitan  water 
district.  Any  town  which  already  has  a  connection  with  the 
metropolitan  water  system,  except  any  such  town  which 
shall,  not  earlier  than  January  sixth,  nineteen  hundred  and 
forty-two  nor  later  than  the  March  first  next  following,  have 
notified  the  metropolitan  district  commission  that  it  desires 
to  discontinue  such  connection,  and  any  town  which  makes 
application  for  such  connection  under  any  provision  of  this 
act,  shall  annually,  until  it  becomes  a  member  of  said  dis- 


Acts,  1941.  — Chap.  727.  1141 

trict,  be  assessed  and  psiy,  as  hereinafter  provided,  a  premium 
equal  to  three  hundredths  of  one  per  cent  of  its  vakiation  for 
the  preceding  year. 

For  the  purposes  of  this  act,  the  word  "valuation"  shall 
mean  the  taxable  valuation  last  established  by  the  general 
court  as  a  basis  of  apportionment  for  state  and  county  taxes, 
and  the  word  "town"  shall  include  city. 

In  order  to  provide  funds  to  construct  any  water  supply 
connection  provided  under  this  act,  in  anticipation  of  the 
payment  therefor  by  the  town  to  be  connected,  the  state 
treasurer,  with  the  approval  of  the  governor,  may  borrow 
from  time  to  time,  on  the  credit  of  the  commonwealth,  such 
amounts  as  may  be  certified  by  the  metropolitan  district 
commission  to  be  necessary  to  provide  such  temporary  funds, 
not  exceeding  two  hundred  and  fifty  thousand  dollars  in 
any  calendar  year,  and  the  state  treasurer  may  issue  and 
renew  notes  of  the  commonwealth  therefor,  bearing  interest 
payable  at  such  times  and  at  such  rates  as  shall  be  fixed  by 
him  with  the  approval  of  the  governor.  Such  notes  shall  be 
issued  for  such  terms  as  the  governor  may  recommend  to 
the  general  court  in  accordance  with  section  3  of  Article 
LXII  of  the  amendments  to  the  constitution  of  the  com- 
monwealth. 

Section  5.  The  state  treasurer  shall  annually  notify 
each  town,  not  a  member  of  the  metropolitan  water  district, 
assessed  under  the  provisions  of  section  four  of  this  act,  of 
the  amount  so  assessed,  and  the  same  shall  be  paid  by  the 
town  to  the  commonwealth  at  the  time  required  for  the 
payment  of  and  as  a  part  of  its  state  tax.  The  proceeds 
from  all  such  payments  shall  be  used  to  defray  the  cost,  in 
the  case  of  each  such  town,  of  the  water  supply  connection 
provided,  and  any  balance  shall  be  applied  by  the  state 
treasurer  to  meet  the  expenses  of  maintenance  and  opera- 
tion of  the  metropolitan  water  works. 

Section  6.  Any  town  which  has  applied  for  a  water  con- 
nection under  this  act  on  or  before  June  thirtieth,  nineteen 
hundred  and  forty-three,  and  any  town  heretofore  eligible, 
or  made  eligible  by  section  four  of  this  act,  for  admission  to 
the  metropolitan  water  district  which  has  not  so  made  appli- 
cation for  a  water  connection  under  this  act  may,  upon  ap- 
plication for  admission  to  said  district  on  or  before  said  date, 
be  admitted  under  and  subject  to  the  provisions  of  this  sec- 
tion; provided,  that  said  town  agrees  to  discontinue  the  use 
of  its  local  water  supply  sources  upon  admission.  Any  town 
admitted  to  the  metropolitan  water  district  shall  share  with 
the  other  members  the  total  district  assessment  for  the  cal- 
endar year  of  its  admission,  except  that,  if  it  is  admitted 
too  late  to  be  so  included  in  the  assessment  for  that  year,  it 
shall  pay  for  the  water  furnished  it  by  the  district  during 
the  balance  of  that  year  at  a  rate  equal  to  the  average  as- 
sessment for  that  year  determined  by  dividing  the  aggregate 
total  of  the  net  assessments  for  that  year  against  all  mem- 


1142  Acts,  1941.  — Chap.  728. 

bers  by  the  aggregate  total  of  the  net  quantity  of  water  fur- 
nished by  the  district  during  the  preceding  year  to  all  mem- 
bers. The  entrance  fee  of  any  town  so  admitted  to  said 
district  shall,  regardless  of  any  provision  of  section  ten  of 
chapter  ninety-two  of  the  General  Laws,  be  that  determined 
by  the  metropolitan  district  commission,  but  not  more  than 
the  said  entering  town's  proportionate  share,  determined  as 
hereinafter  provided,  of  the  aggregate  total  assessments 
that  have  been  made,  prior  to  the  first  assessment  to  be 
shared  by  the  entering  town,  on  account  of  the  retirement  of 
bonds  issued  to  finance  the  construction  of  works  by  the 
metropolitan  district  water  supply  commission,  less  the  net 
water  debt  on  December  first,  just  prior  to  said  first  assess- 
ment shared,  on  account  of  the  cost  of  works  constructed  by 
the  metropolitan  district  commission,  or  its  predecessors. 
Such  proportionate  share  of  the  net  sum  to  be  apportioned 
shall  be  determined  by  taking  only  one  third  of  said  net 
sum,  apportioning  this  among  all  towns  which  are  members  of 
the  metropolitan  water  district  and  all  towns  which  are  not 
members  but  eligible  to  membership,  including  any  towns 
eligible  under  section  four  of  this  act,  in  proportion  to  their 
respective  valuations  for  the  preceding  year,  and  deducting 
from  the  entering  town's  share  a  credit  of  the  aggregate  total 
of  any  premiums  paid  annually  under  section  four  of  this 
act,  except  that  such  entrance  fee  shall  in  no  event  be  less 
than  three  hundredths  of  one  per  cent  of  the  entering  town's 
valuation  for  the  preceding  year. 

Section  7.  For  the  purpose  of  providing  funds  to  pay 
the  fee  for  being  admitted  to  the  metropolitan  water  district 
under  this  act,  a  town  may  borrow  sums  not  exceeding,  in 
the  aggregate,  the  amount  of  such  fee,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words 
"City  [or  Town]  of  Water  Loan,  Act  of  1941". 

Such  loans  shall  be  payable  within  thirty  years  from  their 
dates  or  within  such  shorter  .time  as  may  be  fixed  by  the 
director  of  accounts  in  the  department  of  corporations  and 
taxation.  Indebtedness  incurred  under  this  act  shall  be 
outside  the  statutory  limits  of  indebtedness  provided  by 
chapter  forty-four  of  the  General  Laws  and,  except  as  pro- 
vided herein,  shall  be  subject  to  all  provisions  of  said  chapter 
forty-four.  Approved  October  SI,  1941. 


Chap. 72S  An  Act  relative  to  the  terms  of  certain  bonds,  notes 

OR  OTHER  FORMS  OF  WRITTEN  ACKNOWLEDGMENT  OF  DEBT 
TO  BE  ISSUED  BY  THE  COMMONWEALTH. 

Emergency  Wheretts,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  oue  of  its  principal  purposes,  which  is  to  prepare 

with  the  utmost  expedition  for  national  defence  in  the  pres- 
ent emergency,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  safety  and  convenience. 


Acts,  1941.  — Chap.  728.  1143 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  nine  of  chapter  six  hundred  and  ninety- 
five  of  the  acts  of  the  current  year,  authorizing  the  turning- 
over  of  the  Boston  airport,  so  called,  to  the  commonwealth 
and  providing  for  the  improvement  thereof  and  making  cer- 
tain changes  in  the  laws  relative  to  airports,  shall  be  pay- 
able not  earlier  than  July  first,  nineteen  hundred  and  forty- 
three  nor  later  than  June  thirtieth,  nineteen  hundred  and 
forty-eight,  and  their  maturities  shall  be  so  arranged  that 
the  payments  of  principal  on  account  of  such  bonds  in  each 
of  the  five  fiscal  years  of  the  five-year  period  ending  June 
thirtieth,  nineteen  hundred  and  forty-eight  will  be  equal  as 
nearly  as  may  be,  as  recommended  by  the  governor  in  a 
message  to  the  general  court  dated  October  twenty-fourth, 
nineteen  hundred  and  forty-one,  in  pursuance  of  section  3 
of  Article  LXII  of  the  amendments  to  the  constitution  of 
the  commonwealth. 

Section  2.  Notwithstanding  any  provision  of  law  to  the 
contrary'-,  the  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  forty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-three,  as  most  recently 
amended  by  section  two  of  chapter,  one  hundred  and  twenty- 
nine  of  the  acts  of  the  current  year,  shall  be  issued  for  maxi- 
mum terms  of  years  to  expire  not  later  than  November  thir- 
tieth, nineteen  hundred  and  forty-seven,  as  recommended 
by  the  governor  in  a  message  to  the  general  court,  dated 
October  thirtieth,  nineteen  hundred  and  forty-one,  in  pur- 
suance of  section  3  of  Article  LXII  of  the  amendments  to 
the  constitution  of  the  commonwealth. 
*  Section  3.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  seven  hundred  and 
fourteen  of  the  acts  of  the  current  year,  authorizing  the  de- 
partment of  public  works  to  acquire  certain  waterfront 
properties  in  the  city  of  Boston,  to  construct  a  pier  thereon 
and  to  lease  the  same,  shall  be  issued  on  the  serial  payment 
plan  for  terms  not  exceeding  five  years,  the  first  maturity 
to  be  not  earlier  than  July  first,  nineteen  hundred  and  forty- 
three  and  all  maturities  to  be  so  arranged  that  the  amount 
payable  each  year  other  than  the  final  year  shall  be  as  nearly 
equal  as  in  the  opinion  of  the  state  treasurer  it  is  practi- 
cable to  make  them,  as  recommended  by  the  governor  in  a 
message  to  the  general  court  dated  October  thirtieth,  nine- 
teen hundred  and  forty-one,  in  pursuance  of  section  3  of 
Article  LXII  of  the  amendments  to  the  constitution  of  the 
commonwealth. 

Section  4.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds,  notes  or  other  forms  of  written  ac- 
knowledgment of  debt  which  the  state  treasurer  is  author- 
ized to  issue  under  section  nine  of  chapter  seven  hundred 


1144  Acts,  1941.  — Chap.  729. 

and  twenty  of  the  acts  of  the  current  year,  further  providing 
for  sewage  disposal  needs  of  the  north  and  south  metropoU- 
tan  sewerage  districts  and  communities  which  now  or  here- 
after may  be  included  in  said  districts  and  extending  the 
life  of  the  emergency  public  works  commission,  shall  be 
issued  for  terms  not  exceeding  twenty  years  from  their  dates 
of  issue,  and  the  notes  which  said  treasurer  is  authorized 
to  issue  under  section  eleven  of  said  chapter  shall  be  issued 
for  terms  not  exceeding  one  year  from  their  dates  of  issue, 
as  recommended  by  the  governor  in  a  message  to  the  general 
court  dated  October  thirtieth,  nineteen  hundred  and  forty- 
one,  in  pursuance  of  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth. 

Section  5.  Notwithstanding  any  provision  of  law  to  the 
contrary,  any  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  four  of  chapter  seven  hundred  and 
twenty-seven  of  the  acts  of  the  current  year,  relative  to  the 
furnishing  of  water  to  towns  in  the  metropolitan  water  dis- 
trict and  certain  other  towns,  shall  be  issued  for  terms  not 
exceeding  two  years  from  their  dates  of  issue,  as  recom- 
mended by  the  governor  in  a  message  to  the  general  court 
dated  October  thirty-first,  nineteen  hundred  and  forty-one, 
in  pursuance  of  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth. 

Approved  October  31,  1941. 


Chap. 12^  An  Act  establishing  an  old  age  assistance  fund  and 

MAKING    CERTAIN    MISCELLANEOUS    CHANGES    IN    THE    OLD 
AGE   ASSISTANCE    LAW,    SO    CALLED. 

Emergency  Whereas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ^^  defeat  its  purposc,  which  is  to  provide  without  delay  a 
method  of  obtaining  additional  revenue  required  to  finance 
the  increased  amounts  of  old  age  assistance,  so  called,  author- 
ized thereby,  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: 

G.  L.  (Ter.  SECTION  1.    Chapter  one  hundred  and  eighteen  A  of  the 

f t.^et^if"^'       General  Laws  is  hereby  amended  by  striking  out  section  one, 
amended.         g^g  ^lost  recently  amended  by  chapter  two  hundred  and  sev- 
enty-four of  the  acts  of  nineteen  hundred  and  thirty-eight, 
Old  age  and  inserting  in  place  thereof  the  following :  —  Section  1 . 

q3Slon8     Adequate  assistance  to  deserving  citizens  in  need  of  relief 
^*""-  and  support  sixty-five  years  of  age  or  over  who  shall  have 

resided  in  the  commonwealth  not  less  than  three  years  dur- 
ing the  nine  years  immediately  preceding  the  date  of  appli- 
cation for  such  assistance  and  who  shall  have  resided  in  the 
commonwealth  continuously  for  one  year  immediately  pre- 
ceding said  date  of  application,  shall  be  granted  under  the 
supervision  of  the  department  of  public  welfare,  in  this 
chapter  called  the  department.    Financial  assistance  granted 


Acts,  1941.  — Chap.  729.  1145 

hereunder  shall  be  given  from  the  date  of  application  there- 
for, but  in  no  event  before  the  applicant  reaches  the  age  of 
sixty-five,  and  in  determining  the  amount  of  assistance  to 
be  given  for  any  period  preceding  the  date  on  which  the 
application  was  favorably  passed  upon,  consideration  shall 
be  given  to  the  amount  of  welfare  relief,  if  any,  given  to  such 
applicant  during  said  period  under  any  other  provision  of 
law.  Such  assistance  shall,  wherever  practicable,  be  given 
to  the  aged  person  in  his  own  home  or  in  lodgings  or  in  a 
boarding  home,  which  for  the  purposes  hereof  shall  include 
any  institution  providing  shelter,  care  and  treatment  for 
aged  persons  which  is  not  supported  in  whole  or  in  part  by 
pubUc  funds;  provided,  that  no  inmate  of  such  a  boarding 
home  or  institution  shall  be  eligible  for  assistance  under  this 
chapter  while  being  cared  for  under  a  contract;  and  provided, 
further,  that  for  the  purposes  of  this  chapter  any  person 
who,  while  such  an  inmate,  has  lost  his  settlement  or  who 
shall  lose  his  settlement  at  the  time  of  admission  to  such 
home  or  institution  shall  be  deemed  to  have  no  settlement 
in  the  commonwealth.  Such  assistance  shall  be  paid  by 
check  or  in  cash,  which  shall  be  delivered  to  the  applicant 
at  his  residence,  if  he  so  requests,  and  shall  be  paid  semi- 
monthly unless  the  applicant  prefers  less  frequent  payments. 
Such  assistance,  except  as  hereinafter  provided,  shall  be  at 
the  following  rates: 

In  the  case  of  an  individual  living  within  a  family  group 
not  less  than  thirty  dollars  monthly;  in  the  case  of  an  indi- 
vidual living  outside  a  family  group  not  less  than  forty  dol- 
lars monthly;  in  the  case  of  a  husband  and  wife  living  to- 
gether within  a  famil}^  group,  both  of  whom  are  eligible  for 
such  assistance,  not  less  than  fifty  dollars  monthly  for  both; 
in  the  case  of  a  husband  and  wife  living  together  outside  a 
family  group,  both  of  whom  are  so  eligible,  not  less  than 
sixty-five  dollars  monthly  for  both;  in  the  case  of  sisters  or 
brothers  or  sisters  and  brothers  living  together  within  a 
family  group,  all  of  whom  are  so  eligible,  not  less  than  fifty 
dollars  monthly  for  two  and  not  less  than  fifteen  dollars 
monthly  for  each  additional  brother  or  sister  so  eligible;  or 
in  the  case  of  sisters  or  brothers  or  sisters  and  brothers  liv- 
ing together  outside  a  family  group,  all  of  whom  are  so 
eligible,  not  legs  than  sixty-five  dollars  monthly  for  two  and 
not  less  than  fifteen  dollars  monthly  for  each  additional 
brother  or  sister  so  eligible.  The  determination  as  to  what 
constitutes  a  family  group  under  the  provisions  of  this  sec- 
tion shall  be  made  in  accordance  with  rules  and  regulations 
established  by  the  department,  authority  to  establish  the 
same  being  hereby  granted.  In  computing  the  aforesaid 
minima  the  local  board  of  public  welfare,  or  the  department 
acting  on  cases  appealed,  as  the  case  may  be,  shall,  in  ac- 
cordance with  rules  and  regulations  made  by  the  depart- 
ment, deduct  therefrom  the  amount  of  income  the  person 
assisted  or  to  be  assisted  may  be  receiving  from  any  source 
whatsoever,   and  may   deduct   therefrom  such   reasonable 


1146 


Acts,  1941.  — Chap.  729. 


G.  L.  (Ter. 
Ed.).  118A, 
§  2,  etc., 
amended. 


Bureau  of 
old  age 
assistance. 


G.  L.  (Ter. 
Ed.).  118A, 
new  §  2A, 
inserted. 


amount  as  may  be  deemed  to  represent  the  financial  value  of 
board,  lodging  or  other  assistance  which  is  being  furnished 
to  such  person  from  any  source  whatever. 

Section  2.  Said  chapter  one  hundred  and  eighteen  A  is 
hereby  further  amended  by  striking  out  section  two,  as  most 
recently  amended  by  section  one  of  chapter  five  hundred 
and  ninety-seven  of  the  acts  of  the  current  year,  and  insert- 
ing in  place  thereof  the  following :  —  Section  2.  Each  board 
of  public  welfare  shall,  for  the  purpose  of  granting  adequate 
assistance  and  service  to  such  aged  persons,  establish  a  di- 
vision thereof  to  be  designated  as  the  bureau  of  old  age 
assistance.  Boards  of  public  welfare  and  bureaus  of  old  age 
assistance  in  performing  the  duties  imposed  upon  them  and 
in  exercising  the  powers  granted  to  them  under  this  chapter 
shall  be  subject  to  the  supervision  of  the  department  and 
shall  comply  with  all  rules  and  regulations  adopted  by  the 
department  pursuant  to  the  provisions  of  this  chapter,  and 
no  city  or  town  shall  receive  reimbursement  from  the  com- 
monwealth under  this  chapter  with  respect  to  any  case  un- 
less the  department  determines  that  the  provisions  of  this 
chapter  relative  to  the  minima  provided  in  section  one  have 
been  complied  with  by  such  city  or  town  with  respect  to 
such  case.  No  printed  or  wTitten  words  referring  to  boards 
or  departments  of  public  welfare  shall  appear  on  any  en- 
velope mailed  or  delivered  to  an  applicant  for,  or  recipient 
of,  assistance  under  this  chapter.  In  determining  the  need 
for  financial  assistance,  said  bureaus  shall  give  consideration 
to  the  resources  of  the  aged  person.  No  action  shall  be 
brought  under  sections  twenty  to  twenty-two,  inclusive,  of 
chapter  two  hundred  and  seventy-three  by  a  board  of  pub- 
lic welfare  in  connection  with  the  granting  of  assistance 
under  this  chapter  except  with  the  approval  of  the  depart- 
ment. Not  later  than  fourteen  days  from  the  initial  pay- 
ment to  applicants,  notice  on  a  form  prescribed  by  the  depart- 
ment shall  be  forwarded  to  the  department,  stating  in  each 
case  any  and  all  deductions  from  the  amounts  of  assist- 
ance prescribed  herein  and  the  reasons  for  all  such  de- 
ductions. If  said  deductions  in  a  particular  case  are  not 
approved  by  the  department  they  shall  not  be  made  in  sub- 
sequent payments  in  said  case  and  the  amount  of  deduc- 
tions made  in  such  initial  payment  shall  be  added  to  the 
amount  of  the  next  succeeding  payment.  Separate  records 
of  all  such  aged  persons  who  are  assisted  shall  be  kept  and 
reports  returned  in  the  manner  prescribed  by  section  thirty- 
four  of  chapter  fortj^-one  and  by  sections  thirty-two  and 
thirty-three  of  chapter  one  hundred  and  seventeen.  The 
department  shall  make  an  annual  report,  and  also  such 
reports  to  the  social  security  board  established  under  the 
federal  social  security  act,  approved  August  fourteenth,  nine- 
teen hundred  and  thirty-five,  as  may  be  necessary  to  secure 
to  the  commonwealth  the  benefits  of  said  act. 

Section  3.  Said  chapter  one  hundred  and  eighteen  A  is 
hereby  further  amended  by  inserting  after  said  section  two 


Acts,  1941.  — Chap.  729.  1147 

the  following  new  section:  —  Section  SA.  In  determining  Determination 
the  resources  of  an  aged  person  under  section  two  the  fol-  aged^per"ons°^ 
lowing  schedule  relative  to  the  financial  ability  to  support 
by  a  child  of  such  person  shall  be  followed :  —  1 .  If  such 
child  is  married  and  living  with  his  or  her  spouse  and  one 
minor  son  or  daughter  but  living  apart  from  the  aged  per- 
son, such  child  shall  not  be  required  to  contribute  to  the 
support  of  such  aged  person  unless  such  child  is  in  receipt 
of  income  in  excess  of  two  thousand  dollars  annually  or  in 
excess  of  the  equivalent  of  two  thousand  dollars  annually. 
2.  If  such  child  is  married  and  living  with  his  or  her  spouse 
and  two  minor  sons  or  daughters  but  living  apart  from  the 
aged  person,  such  child  shall  not  be  required  to  contribute  to 
the  support  of  such  aged  person  unless  such  child  is  in  re- 
ceipt of  income  in  excess  of  twenty-five  hundred  dollars 
annually  or  in  excess  of  the  equivalent  of  twenty-five  hun- 
dred dollars  annuall)^  3.  If  such  child  is  married  and  liv- 
ing with  his  or  her  spouse  and  tlii'ee  minor  sons  or  daughters 
but  living  apart  from  the  aged  person,  such  child  shall  not 
be  required  to  contribute  to  the  support  of  such  aged  per- 
son unless  such  child  is  in  receipt  of  income  in  excess  of 
three  thousand  dollars  annually  or  in  excess  of  the  equiva- 
lent of  three  thousand  dollars  annually.  4.  In  any  case 
where  the  income  of  such  a  child  is  between  two  thousand 
and  three  thousand  dollars  annually,  in  money  or  its  equiva- 
lent, any  unusual  circumstances  within  the  immediate  fam- 
ily shall  be  considered  with  a  view  to  determining  whether 
such  circumstances  justify  an  exemption  from  the  general 
rule  relative  to  persons  coming  within  such  class.  5.  If  a 
child  of  such  an  aged  person  is  in  receipt  of  an  annual  income 
in  excess  of  three  thousand  dollars,  in  money  or  its  equiva- 
lent, whether  or  not  such  child  shall  be  required  to  contribute 
to  the  support  of  the  aged  person  shall  be  determined  in 
each  instance  upon  the  merits  of  that  particular  case. 
6.  No  unmarried  child  of  such  an  aged  person,  living  apart 
from  such  aged  person  and  in  receipt  of  an  annual  income 
not  in  excess  of  one  thousand  dollars,  in  money  or  its  equiva- 
lent, shall  be  required  to  contribute  to  the  support  of  such 
aged  person. 

Section  4.    Section  four  of  said  chapter  one  hundred  and  g.  l.  (Ter. 
eighteen  A,  as  most  recently  amended  by  chapter  four  hun-  §  4,  etc.,    ' 
dred  and  sixtj^-seven  of  the  acts  of  nineteen  hundred  and  amended. 
thirty-eight,  is  hereby  further  amended  by  inserting  after 
the  word  "exceeds"  in  the  sixth  line  the  words: —  an  aver- 
age of,  —  by  striking  out,  in  the  seventh  line,  the  words  "in 
each  of"  and  inserting  in  place  thereof  the  word: —  during, 

—  by  striking  out,  in  the  twelfth  line,  the  words  "at  least", 

—  and  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following: —  The  proceeds  realized  by  the 
town  from  any  such  bond  and  mortgage  shall  be  apportioned 
among  the  federal  government,  the  commonwealth  and  the 
town  furnishing  the  assistance  in  proportion  to  the  amount 
of  their  respective  contributions,  but  in  no  case  for  more 


1148 


Acts,  1941. —  Chap.  729. 


Ownership   , 
of  property 

not  to  dis- 
qualify ap- 
plicants. 


G.  L.  (Ter. 
Ed.).  118A, 
new  §  4A, 
inserted. 

Liability  for 
expenses  in- 
curred for 
care  of  aged. 


G.  L.  (Ter. 
Ed.),  118A. 
§  5,  etc., 
amended. 


Policies  of 
group  insur- 
ance not  to 
disqualify 
applicants.' 


than  the  amount  contributed  without  interest,  —  so  as  to 
read  as  follows:  —  Section  4.  The  ownership  of  an  equity 
in  vacant  land  from  which  no  income  is  derived  or  in  real 
estate  upon  which  an  applicant  actually  resides  shall  not  dis- 
quaUfy  him  from  receiving  assistance  under  this  chapter; 
provided,  that  if  such  equit}'^,  computed  on  the  basis  of 
assessed  valuation,  exceeds  an  average  of  three  thousand 
dollars  during  the  five  years  immediately  preceding  his  ap- 
plication, the  board  of  public  welfare  of  the  town  rendering 
such  assistance,  or  the  bureau  of  old  age  assistance  estab- 
lished by  such  board,  shall,  through  the  appropriate  town 
official,  require  such  applicant  to  execute  a  bond  in  a  penal 
sum  equal  to  the  amount  of  the  equity  in  excess  of  three 
thousand  dollars,  running  to  the  treasurer  of  the  town,  con- 
ditioned on  repayment  to  such  town  of  all  amounts  of  such 
assistance,  without  interest,  such  bond  to  be  secured  by 
mortgage  of  the  applicant's  real  estate.  Every  such  bond 
and  mortgage  shall  be  forthwith  entered  for  record  in  the 
proper  registry  of  deeds  or  registry  district  of  the  land  court, 
as  the  case  may  be,  and  the  register  of  deeds  or  assistant 
recorder  of  the  land  court  shall  thereupon  record  or  register 
such  bond  and  mortgage  without  fee.  The  proceeds  realized 
by  the  town  from  any  such  bond  and  mortgage  shall  be 
apportioned  among  the  federal  government,  the  common- 
wealth and  the  town  furnishing  the  assistance  in  propor- 
tion to  the  amount  of  their  respective  contributions,  but  in 
no  case  for  more  than  the  amount  contributed  without 
interest. 

Section  5.  Said  chapter  one  hundred  and  eighteen  A  is 
hereby  further  amended  by  inserting  after  said  section  four 
the  following  new  section: — Section  I^A.  A  person,  his 
executor  or  administrator  shall  be  liable  in  contract  to  any 
town  for  expenses  incurred  by  it  for  assistance  rendered  to 
such  person  under  this  chapter  if  such  person  or  his  estate  is 
in  possession  of  funds  not  otherwise  exempted  thereunder. 
No  action  shall  be  brought  under  this  section  in  behalf  of  a 
town  except  with  the  written  approval  of  the  department. 

Section  6.  Section  five  of  said  chapter  one  hundred  and 
eighteen  A,  as  most  recently  amended  by  chapter  four  hun- 
dred and  eight  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  striking  out,  in  the  sixth 
to  the  eighth  lines,  inclusive,  the  words  ",  if  such  policy 
has  been  in  effect  not  less  than  five  years  prior  to  the  date 
of  his  application",  —  and  by  striking  out,  in  the  ninth  fine, 
the  word  "on"  and  inserting  in  place  thereof  the  word:  — 
in,  —  so  as  to  read  as  follows :  —  Section  5.  The  ownership 
of  a  policy  of  insurance  of  the  t3^pe  known  as  group  insur- 
ance, for  which  the  weekly  premium  does  not  exceed  fifty 
cents  per  week,  or  of  a  policy  of  insurance  in  an  amount 
not  exceeding  one  thousand  dollars,  shall  not  disqualify  an 
applicant  from  receiving  assistance  under  this  chapter,  nor 
shall  a  policy  of  insurance  in  an  amount  not  exceeding  three 
thousand  dollars  and  having  in  any  case  a  cash  surrender 


Acts,  1941.— Chap.  729.  1149 

value  not  in  excess  of  three  hundred  dollars  disqualify  an 
applicant  from  receiving  such  assistance  if  such  policy  has 
been  in  effect  not  less  than  fifteen  years  prior  to  the  date  of 
his  application.  The  words  "policy  of  insurance",  as  used 
in  this  section,  shall  include  a  benefit  certificate. 

Section  7.     Section  six  A  of  said  chapter  one  hundred  g  l.  (Xer. 
and  eighteen  A,  inserted  by  chapter  one  hundred  and  sixty-  §  6A,  etc., ' 
five  of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  ^.mended. 
hereby  amended  by  striking  out,  in  the  third  line,  the  words 
"thirty  days"  and   inserting  in  place  thereof  the  words: 

—  three  months,  —  and  by  adding  at  the  end  the  following: 

—  ;    and  provided,  further,  that  the  department  may  by 
rule  or  regulation  provide  that  persons  absent  from  the  com- 
monwealth for  such  longer  periods  as  the  department  may 
prescribe  may  continue  to  receive   assistance  under  this 
chapter  in  cases  where  the  suspension  of  such  assistance 
would  result  in  undue  hardship  or,  in  the  opinion  of  the  de- 
partment, would  be  inconsistent  with  the  purposes  of  this 
chapter,  —  so  as  to  read  as  follows :  —  Section  6 A .    Any  per-  Absence  from 
son  receiving  assistance  under  this  chapter  may  be  absent  ^°™"ii°of 
from  the  commonwealth  for  not  exceeding  three  months  in  recipients  of 
any  year  without  having  such  assistance  suspended;    pro-  aisistince. 
vided,  that  such  person,  before  his  departure  from  the  com- 
monwealth and  following  his  return  thereto,  notifies  the 

bureau  of  old  age  assistance  of  the  town  granting  such  assist- 
ance; and  provided,  further,  that  the  department  may  by 
rule  or  regulation  provide  that  persons  absent  from  the  com- 
monwealth for  such  longer  periods  as  the  department  may 
prescribe  may  continue  to  receive  assistance  under  this  chap- 
ter in  cases  where  the  suspension  of  such  assistance  would 
result  in  undue  hardship  or,  in  the  opinion  of  the  depart- 
ment, would  be  inconsistent  with  the  purposes  of  this 
chapter. 

Section  8.    Section  eight  of  said  chapter  one  hundred  and  g.  l.  (Ter. 
eighteen  A,  as  appearing  in  section  one  of  chapter  four  hun-  f  g.^etcl^^' 
dred  and  thirty-six  of  the  acts  of  nineteen  hundred  and  amended, 
thirty-six,  is  hereby  further  amended  by  striking  out  all 
after  the  word  "on"  in  the  thirteenth  line  and  inserting  in 
place  thereof  the  following:  —  forms  prescribed  by  the  de- 
partment, and,  if  rendered  as  aforesaid,  approved  by  the 
department  and  certified  by  the  comptroller,  but  not  other- 
wise, shall  be  paid  by  the  commonwealth.    Failure  to  com- 
ply with  the  rules  and  regulations  of  the  department  shall 
be  cause  for  disapproval  of  any  account,  —  so  as  to  read  as 
follows :  —  Section  8.    Any  town  rendering  assistance  under  Reimburse- 
this  chapter  shall  also  be  reimbursed  by  the  commonwealth  [^t'ns'for 
for  two  thirds  of  the  remainder  of  such  disbursements  or  for  rendering  old 
all  of  such  remainder  if  the  person  so  assisted  has  no  settle- 
ment in  the  commonwealth.    If  the  person  so  assisted  has  a 
legal  settlement  in  another  town,  one  third  of  the  remainder 
of  the  amount  of  assistance  given  such  person  may  be  recov- 
ered in  contract  against  the  town  liable  therefor  in  accord- 
ance with  chapter  one  hundred  and  seventeen.    All  accounts 


1150 


Acts,  1941.  — Chap.  729. 


Additional 
taxes  for  old 
age  assistance. 


Same  suljject. 

Legacy  and 
succession 


G.  L.  (Ter. 
Ed.),  118A, 
new  §  11, 
added. 


against  the  commonwealth  for  allowances  to  towns  on  ac- 
count of  moneys  paid  for  which  they  are  entitled  to  reim- 
bursement by  the  commonwealth  hereunder  shall  be  rendered 
to  the  department  on  forms  prescribed  by  the  department, 
and,  if  rendered  as  aforesaid,  approved  by  the  department 
and  certified  by  the  comptroller,  but  not  otherwise,  shall  be 
paid  by  the  commonwealth.  Failure  to  comply  with  the 
rules  and  regulations  of  the  department  shall  be  cause  for 
disapproval  of  any  account. 

Section  9.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  all  acts  in  amendment  thereof  and  in  addition  thereto, 
taxes  levied  under  the  provisions  of  section  nine  of  chapter 
three  hundred  and  seven  of  the  acts  of  nineteen  hundred 
and  thirty-thi-ee,  as  amended,  and  taxes  levied  under  the 
provisions  of  sections  thirty  to  sixty,  inclusive,  of  chapter 
sixty-thi-ee  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  and  all  acts  in  amendment  thereof  and 
in  addition  thereto,  an  additional  tax  equal  to  three  per  cent 
of  the  taxes  assessed  under  the  provisions  of  said  sections, 
acts  and  chapters  in  or  on  account  of  the  calendar  year  nine- 
teen hundred  and  forty-two  and  each  calendar  year  there- 
after. All  provisions  of  law  relative  to  the  assessment, 
payment,  collection  and  abatement  of  the  said  taxes  shall 
apply  to  the  taxes  imposed  by  this  section.  The  tax  under 
this  section  shall  be  in  addition  to  any  surtax  imposed  by 
chapter  four  hundred  and  sixteen  of  the  acts  of  nineteen 
hundred  and  forty-one.  The  proceeds  of  taxes  assessed 
under  this  section  shall  be  paid  over  to  the  old  age  assistance 
fund  established  by  section  eleven  of  chapter  one  hundred 
and  eighteen  A  of  the  General  Laws. 

Section  9 A.  All  property  subject  to  a  legacy  and  suc- 
cession tax  under  the  provisions  of  chapter  sixty-five  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
and  of  any  amendments  thereof  or  additions  thereto,  shall 
be  subject  to  an  additional  tax  of  three  per  cent  of  all  taxes 
imposed  b}'^  said  provisions  with  respect  to  property  or  inter- 
ests therein  passing  or  accruing  upon  the  death  of  persons 
who  die  in  the  calendar  year  nineteen  hundred  and  forty- 
two  or  in  any  calendar  year  thereafter.  All  provisions  of 
law  relative  to  the  determination,  certification,  pajmient, 
collection  and  abatement  of  such  legacy  and  succession  taxes 
shall  apply  to  the  additional  tax  imposed  by  this  section. 
The  tax  under  this  section  shall  be  in  addition  to  any  surtax 
imposed  by  chapter  four  hundred  and  sixteen  of  the  acts  of 
nineteen  hundred  and  forty-one.  The  proceeds  of  taxes 
assessed  under  this  section  shall  be  paid  over  to  the  old  age 
assistance  fund  established  by  section  eleven  of  chapter  one 
hundred  and  eighteen  A  of  the  General  Law^s. 

Section  10.  Chapter  one  hundred  and  eighteen  A  of 
the  General  Laws  is  hereby  amended  by  adding  after  sec- 
tion ten,  as  appearing  in  section  one  of  chapter  four  hundred 


ACTS;  1941.  — Chap.  729.  1151 

and  thirty-six  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  the  following  new  section:  —  Section  11.  There  shall  be  ow age 
established  and  set  up  on  the  books  of  the  commonwealth  fund.*"''* 
a  separate  fund,  to  be  known  as  the  old  age  assistance  fund, 
consisting  of  receipts  credited  to  said  fund  under  chapter 
sixty-four  B,  section  fifteen  of  chapter  one  hundred  and 
twenty-eight  A  and  section  twenty-seven  of  chapter  one 
hundred  and  thirty-eight.  Said  fund  shall  be  used  for  the 
reimbursement  of  cities  and  towns  by  the  commonwealth 
for  assistance  given  to  aged  persons  under  the  provisions  of 
this  chapter,  and  shall  be  used  for  expenses  incurred  by  the 
department  of  public  welfare  for  administration  and  super- 
vision of  such  assistance. 

Section  U.    Section  twenty-five  of  chapter  fifty-eight  of  Ed.^ss,*'^' 
the  General  Laws,  as  most  recently  amended  by  section  §  2'5,'etc., 
seventeen  of  chapter  four  hundred  and  fifty-one  of  the  acts  *'"^"  ^  ' 
of   nineteen    hundred    and    thirty-nine,    is    hereby   further 
amended  by  striking  out  the  first  sentence  and  inserting  in 
place  thereof  the  following :  —  The  commissioner  shall  as-  Amounts 
certain  and  determine  the  amount  due  to  each  town  under  and  towna!^ 
sections  twenty,   twenty-four  and  twenty-four  A  of  this 
chapter  and  under  section  eleven  of  chapter  one  hundred 
and  eighteen  A,  notify  the  treasurer  of  each  town  thereof, 
and  certify  the  amount  as  determined  to  the  state  treasurer, 
who  shall  thereupon  pay  the  same. 

Section  12.     Chapter  one  hundred  and  twenty-eight  A  ^j^;  i^Jg^", 
of  the  General  Laws  is  hereby  amended  by  striking  out  sec-  §  ^^-^H-  ' 
tion  fifteen,  as  amended  by  section  two  of  chapter  four  hun-  *'"^" 
dred  and  thirty-six  of  the  acts  of  nineteen  hundred  and 
thirty-six,  and  inserting  in  place  thereof  the  following :  — 
Section  15.    The  receipts  paid  into  the  state  treasury  under  Receipts  paid 
this  chapter,  after  deducting  therefrom  the  amount  of  ex-  assiLtance 
penses  incurred  by  the  commission  in  carrying  out  the  pro-  f"'^'*- 
visions  of  this  chapter,  shall  be  credited  to  the  old  age  as- 
sistance fund  established  under  section  eleven  of  chapter  one 
hundred  and  eighteen  A. 

Section  13.     Chapter  one  hundred  and  thirty-eight  of  ^j^^Jl*"- 
the  General  Laws  is  hereby  amended  by  striking  out  section  §  27,' etc.,' 
twenty-seven,  as  most  recently  amended  by  chapter  four  ^'"^° 
hundred  and  thirty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-six,  and  inserting  the  following  in  place  thereof: 
—  Section  27.    All  fees  for  licenses  and  permits  authorized  f^^^'^X&ll^ 
to  be  granted  by  the  commission  under  this  chapter  and  all  hoiic  beverages, 
moneys  payable  under  section  twenty-one  shall  be  paid  into  *^'^*^"  "*'°° 
the  state  treasury  and,  after  deducting  therefrom  the  ex- 
penses of  the  commission,  shall  be  credited  to  the  old  age 
assistance  fund  established  under  section  eleven  of  chapter 
one  hundred  and  eighteen  A.    All  fees  for  licenses  and  per- 
mits authorized  to  be  granted  by  the  local  licensing  authori- 
ties under  this  chapter  shall  be  paid  into  the  treasuries  of 
their  respective  cities  and  towns. 

Section  14.    All  bonds,  and  the  mortgages  securing  the  Discharge  of 
same,  executed  under  section  four  of  chapter  one  hundred  and^mortgagM. 


1152 


Acts,  1941. —  Chap.  729. 


Effective 
dates  of  act. 


Investigation 
and  study  of 
old  age  assist- 
ance. 


G.  L.  (Ter. 
Ed.),  new 
chapter  64B, 
inserted. 


Definitions. 


Tax  on  meals, 
etc. 


and  eighteen  A  of  the  General  Laws,  by  certain  recipients 
of  old  age  assistance  owning  an  equity  in  real  estate  shall  be 
discharged  by  the  appropriate  city  or  town  official  if  the 
amount  of  the  real  estate  equity  owned  by  such  recipient 
who  executed  such  bond  and  mortgage  does  not  exceed  three 
thousand  dollars. 

Section  15.  This  section  and  sections  six  and  sixteen  of 
this  act,  and  so  much  of  section  seventeen  thereof  as  relates 
to  preparation  for  the  levj^ing  of  the  tax  referred  to  in  chap- 
ter sixtj^-four  B  of  the  General  Laws,  inserted  by  this  act, 
shall  take  effect  at  the  earliest  time  that  this  act  may  take 
effect  conformably  to  the  constitution;  sections  one  to  five, 
inclusive,  and  sections  seven  and  eight  thereof  shall  take 
effect  on  April  thirtieth,  nineteen  hundred  and  forty-two, 
and  all  other  provisions  of  this  act  shall  take  effect  on  Jan- 
uary fu-st,  nineteen  hundred  and  forty-two. 

Section  16.  The  commissioner  of  public  welfare  is  hereby 
authorized  and  directed  to  make  a  comprehensive  investiga- 
tion and  study  of  the  administration  of  the  old  age  assist- 
ance law,  so  called,  and  in  the  course  thereof  to  make  a  study 
of  the  benefits  received  by  recipients  of  old  age  assistance. 
He  shall  give  special  consideration  to  the  advisability  of 
estabhshing  a  mandatory  state  budgetary  system,  so  called, 
for  use  in  the  administration  of  said  law.  For  the  purposes 
of  this  section  he  may  expend  such  sum,  not  exceeding 
twenty-five  thousand  dollars,  as  may  hereafter  be  appro- 
priated. He  shall  report  to  the  general  court  the  results 
of  his  itivestigation  and  study  hereunder  and  his  recommen- 
dations, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  the  first 
Wednesday  of  December,  nineteen  hundred  and  fortj^-two. 

Section  17.  The  General  Laws  are  hereby  amended  by 
inserting  after  chapter  sixty-four  A  the  following  new  chap- 
ter: — 

Chapter  64B. 
Excise  upon  Charges  for  Meals  served  to  the  Public. 

Section  1.  The  following  words  and  phrases  as  used  in 
this  chapter  shall  have  the  following  meanings  unless  the 
context  otherwise  requires: 

"Person",  an  individual,  a  partnership,  society,  associa- 
tion, joint  stock  company,  corporation  and  any  combination 
of  individuals,  and  shall  include  fiduciaries  and  receivers. 

"Taxable  charge",  any  amount  including  cover  and  other 
charges,  for  which  the  purchaser  is  charged  as  a  total  one 
dollar  or  more,  charged  for  meals  furnished  at  any  restau- 
rant, eating  house,  hotel,  drug  store,  club,  resort  or  other 
place  at  which  meals  or  food  are  regularly  served  to  the 
public. 

"Taxpayer",  any  person  making  a  taxable  charge. 

Section  2.  There  is  hereby  levied  and  there  shall  be  col- 
lected and  paid  a  tax  equivalent  to  five  per  cent  of  the 


Acts,  1941.  — Chap.  729.  1153 

amount  charged  for  all  meals,  including  cover  and  other 
charges,  if  any,  for  which  the  purchaser  is  charged  as  a  total 
one  dollar  or  more,  furnished  at  any  restaurant,  eating  house, 
hotel,  drug  store,  club,  resort  or  other  place  at  which  meals 
or  food  are  regularly  served  to  the  public.  The  commis- 
sioner shall  prescribe  the  method  of  determining  the  portion 
of  an  entire  charge  which  is  applicable  to  meals  in  the  event 
that  such  entire  charge  is  in  part  for  meals  and  in  part  for 
lodging  or  any  other  item  or  service.  The  excise  shall  be 
paid  by  the  taxpayer  to  the  commissioner  at  the  time  and 
in  the  manner  hereinafter  provided. 

Section  3.    Every  taxpayer  shall  register  with  the  commis-  Taxpayers' 
sioner  and  pay  to  him  the  sum  of  one  dollar,  upon  receipt  of  cerUficates"" 
which  the  commissioner  shall  issue  a  numbered  identifica-  g^®"'^"''^  °^' 
tion  certificate  in  such  form  as  he  may  determine,  attesting 
that  such  registration  has  been  made.     The  certificate  so 
issued  shall  remain  in  effect  so  long  as  the  taxpayer  is  en- 
gaged in  the  business  of  serving  meals  to  the  public  and  has 
complied  with  the  provisions  of  this  chapter.    No  taxpayer 
shall  on  and  after  January  first,  nineteen  hundred  and  forty- 
two,  engage  in  serving  meals  to  the  public  without  such 
registration  certificate.     Violation  of  any  provision  of  this 
section  shall  be  punishable  by  a  fine  of  not  less  than  two 
hundred  nor  more  than  five  hundred  dollars. 

Section  A.     Every  taxpayer  shall  keep  such  records  of  Taxpayers  to 

,  111  1    •  1     r  j^i  •      •  keep  records. 

taxable  charges  and  m  such  form  as  the  commissioner  may 
require.  Such  records  shall  be  offered  for  inspection  and 
examination  at  any  time  upon  demand  by  the  commissioner 
or  his  duly  authorized  agent  or  employee  and  shall  be  pre- 
served for  a  period  of  three  years;  provided,  that  the  com- 
missioner may  consent  to  their  destruction  within  that  period 
or  may  require  that  they  be  kept  longer. 

Section  5.  Every  taxpayer  shall  file  with  the  commis-  Taxpayers  to 
sioner  a  return  of  his  taxable  charges  for  each  calendar  ^'"^  returns. 
month.  Every  such  return  shall  be  filed  within  ten  days 
after  the  expiration  of  the  period  covered  thereby;  provided, 
that  the  commissioner  may  extend  the  time  for  filing.  The 
form  of  return  hereunder  shall  be  prescribed  by  the  commis- 
sioner and  shall  contain  such  information  as  he  may  deem 
necessary  for  the  proper  administration  of  this  chapter. 

Section  6.    At  the  time  of  the  filing  of  any  return  required  Payment 
under  section  five  the  taxpayer  shall  pay  to  the  commissioner  "   ^^^^' 
the  excise  imposed  by  this  chapter  for  the  period  covered  by  falhfre. 
such  return.    The  excise  for  the  period  for  which  a  return  is 
required  to  be  filed  shall  be  due  and  payable  on  the  date  de- 
termined for  the  fihng  of  the  return  for  such  period,  with- 
out regard  to  whether  the  return  is  filed  or  whether  the  re- 
turn which  is  filed  correctly  shows  the  amount  of  tax  due. 
A  taxpayer  faifing  to  pay  the  excise  assessed  by  the  com- 
missioner under  this  chapter  shall  pay  interest  at  the  rate 
of  six  per  cent  per  annum  from  the  time  when  such  excise 
was  payable  until  paid,  if  such  payment  is  made  before  the 
commencement  of  proceedings  for  the  recovery  thereof,  and 


1154 


Acts,  1941.  — Chap.  729, 


Failure  to 
file  returns. 


Same  subject. 
Penalty. 


Penalty. 


Sums,  etc.,  to 
be  credited 
to  old  age 
assistance 
fund. 


twelve  per  cent  if  made  after  the  commencement  thereof. 
The  commissioner  shall  have  for  the  collection  of  this  excise 
all  the  remedies  which  are  provided  in  chapters  sixty-two 
and  sixty-three  for  the  collection  of  income  and  corporation 
taxes.  Any  taxpayer  shall  file  with  the  commissioner,  if  so 
required  by  him  at  any  time,  a  bond,  running  to  the  com- 
monwealth, in  a  penal  sum  determined,  and  in  a  form  ap- 
proved, by  the  commissioner,  executed  by  such  taxpayer 
and  by  a  surety  company  authorized  to  do  business  in  the 
commonwealth  as  surety,  and  conditioned  upon  the  payment, 
of  any  excise  or  penalties  due  or  which  may  become  due  from 
such  taxpayer  under  this  chapter. 

Section  7.  If  a  taxpayer,  having  failed  to  file  a  return  or, 
having  filed  an  incorrect  or  insufficient  return,  without  rea- 
sonable excuse  fails  to  file  an  original  or  corrected  return,  as 
the  case  may  require,  within  twenty  days  after  the  giving  of 
notice  to  him  by  the  commissioner  of  his  delinquency,  the 
commissioner,  at  any  time  within  three  years  from  the  date 
when  the  return  should  have  been  filed,  shall  determine  the 
amount  due.  The  taxpayer,  within  ten  days  after  the  expira- 
tion of  said  period  of  twenty  days  may  appeal  from  the  deci- 
sion of  the  commissioner  to  the  appellate  tax  board,  whose 
decision  shall  be  final.  The  commissioner  or,  in  the  case  of 
appeal,  the  appellate  tax  board,  having  made  such  determi- 
nation, shall  give  notice  to  the  delinquent  taxpayer  of  the 
amount  determined  to  be  due,  and  the  taxpayer  shall  forth- 
with after  the  giving  of  such  notice  pay  to  the  commissioner 
the  amount  so  determined  with  interest  at  six  per  cent  from 
the  time  when  the  original  correct  return  should  have  been 
filed. 

Section  8.  A  taxpayer  who  fails  to  file  a  return  required 
by  this  chapter  when  due  shall  forfeit  to  the  commonwealth 
and  shall  pay  to  the  commissioner  on  demand  the  sum  of  five 
dollars  for  each  day  of  delay  after  written  notice  by  the  com- 
missioner of  such  failure.  The  commissioner  may  remit  the 
whole  or  any  part  of  said  penalty. 

Section  9.  A  taxpayer  who  violates  any  provision  of  this 
chapter  for  which  no  other  penalty  is  provided,  or  who  files 
a  false  return,  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars  or  by  imprisonment  for  not  more  than 
one  year,  or  both. 

Section  10.  All  sums  received  under  this  chapter  as  ex- 
cise, penalties  or  forfeitures,  interest,  costs  of  suit  and  fines 
shall  be  paid  into  the  treasury  of  the  commonwealth  and 
shall  be  credited  to  the  old  age  assistance  fund  established 
under  section  eleven  of  chapter  one  hundred  and  eighteen  A; 
provided,  that  one  third  of  the  sums  received  under  this 
chapter  shall  be  distributed  to  cities  and  towns  on  a  basis 
determined  by  the  commissioner  of  public  welfare  and  the 
commissioner  of  corporations  and  taxation,  to  be  applied 
only  to  meet  their  share  of  assistance  furnished  under  chap- 
ter one  hundred  and  eighteen  A. 


Acts,  1941.  — Chap.  730.  1155 

(This  hill,  returned  by  the  governor  to  the  House  of  Rep- 
resentatives, the  branch  in  which  it  originated,  with  his  objec- 
tions thereto,  was  passed  by  the  House  of  Representatives,  Octo- 
ber 30,  1941,  and,  in  concurrence,  by  the  Senate,  October  SO, 
1941,  the  objections  of  the  governor  notwithstanding,  in  the 
manner  prescribed  by  the  constitution;  and  thereby  has  "the 
force  of  a  law".) 

An  Act  further  in  addition  to  the  general  appropria-  Chap.7S0 

TION  ACT  MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CERTAIN 
ITEMS  CONTAINED  THEREIN,  AND  FOR  CERTAIN  NEW  ACTIVI- 
TIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  further  for  supplementing  certain 
items  in  the  general  appropriation  act,  and  for  certain  new 
activities,  the  sums  set  forth  in  section  two,  for  the  par- 
ticular purposes  and  subject  to  the  conditions  stated  therein, 
are  hereby  appropriated  from  the  general  fund  or  ordinary 
revenue  of  the  commonwealth,  unless  some  other  source  of 
revenue  is  expressed,  subject  to  the  provisions  of  law  regu- 
lating the  disbursement  of  public  funds  and  the  approval 
thereof,  for  the  fiscal  year  ending  November  thirtieth,  nine- 
teen hundred  and  forty-one,  and  for  the  fiscal  year  ending 
November  thirtieth,  nineteen  hundred  and  forty-two,  or 
for  such  other  period  as  may  be  specified. 

Section  2. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Legislative  Department. 

0101-04  For  the  compensation  for  travel  of 
representatives  for  the  year  nine- 
teen hundred  and  forty-one  and 
for  expense  allowance  for  the  year 
nineteen  hundred  and  forty-two, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $798  00 

0101-23  For  additional  travel  allowance  for 
the  members  of  the  general  court, 
and  for  additional  compensation 
and  additional  travel  allowance 
for  certain  officers  and  employees 
of  the  general  court,  in  considera- 
tion of  the  extraordinary  duration 
of  the  current  session  of  the  gen- 
eral court,  in  accordance  with  the 
terms  of  a  certain  order,  adopted 
by  the  senate  on  October  twenty- 
fourth  of  the  present  year  and  by 
the  house  on  October  twenty- 
eighth  of  the  present  year  .  .        56,756  90 

0102-01  For  traveling  and  such  other  ex- 
penses of  the  present  general 
court  as  may  be  authorized  by 
order  of  either  branch  of  the  gen- 


1156  Acts,  1941.  — Chap.  730. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1042. 

eral  court,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  $200  00 

0102-04  For  expenses  in  connection  with  the 
publication  of  the  bulletin  of  com- 
mittee hearings  and  of  the  daily 
list,  with  the  approval  of  the 
joint  committee  on  rules,  includ- 
ing not  more  than  one  permanent 
position,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  750  00  - 

0102-19  For  expenses  of  the  committees  of 
the  senate  and  house  for  the  pur- 
pose of  representing  the  senate 
and  house  in  the  Evacuation  Day 
parade  at  South  Boston  in  the 
year  nineteen  hundred  and  forty- 
two;  provided,  that  not  more 
than  fifty  dollars  shall  be  allowed 
for  each  of  said  committees         .  -  $100  00 

0102-20  For  expenses  of  the  committees  of 
the  senate  and  house  for  the  pur- 
pose of  representing  the  senate 
and  house  at  the  celebration  to  be 
held  in  Charlestown  on  June  sev- 
enteenth, nineteen  hundred  and 
forty-two;  provided,  that  not 
more  than  fifty  dollars  shall  be 
allowed  for  each  of  said  commit- 
tees    -  100  00 

0102-22  For  expenses  of  the  committees  of 
the  senate  and  house  for  the  pur- 
pose of  representing  the  senate 
and  house  in  the  Dorchester  Day 
parade  at  Dorchester  on  the  first 
Saturday  in  June,  nineteen  hun- 
dred and  forty-two;  provided, 
that  not  more  than  fifty  dollars 
shall  be  allowed  for  each  of  said 
committees        ....  -  100  00 

Service  of  Legislative  Investigations. 

0227  For  an  investigation  of  the  laws  re- 

lating to  primaries  and  elections, 
for  the  publication  of  certain  re- 
ports, and  related  matters,  as 
authorized  by  chapter  seventy- 
four  of  the  resolves  of  the  present 
year 1.500  00 

0228  For    an    investigation    relative    to 

certain  problems  arising  from  the 
holding  of  property  in  the  com- 
monwealth for  public  purposes, 
and  relative  to  other  matters,  as 
authorized  by  chapter  eighty  of 
the  resolves  of  the  present  year   .  500  00  - 

0229  For  an  investigation  relative  to  pro- 

viding for  the  licensing  and  regu- 
lation of  the  business  of  financing 
insurance  premiums  and  of  buy- 
ing conditional  sales  agreements 


Acts,  1941.  — Chap.  730.  1157 

Appropriation       Appropriation 
Fiscal  Year  FiBcal  Year 

Item  1941.  1942. 

or  lease  agreements,  to  the  laws 
pertaining  to  instalment  and  con- 
ditional sales  of  personal  property, 
and  related  matters,  as  author- 
ized by  chapter  eighty-two  of  the 
resolves  of  the  present  year  .        $2,500  00  - 

0230  For  an  investigation  and  study  rela- 

tive to  intergovernmental  rela- 
tions and  the  laws  relating  thereto, 
as  authorized  by  chapter  eighty- 
four  of  the  resolves  of  the  present 
year 2,500  00 

0231  For  an  investigation  and  study  by 

the  committee  on  the  judiciary 
relative  to  the  district  court  sys- 
tem of  the  commonwealth,  as 
authorized  by  chapter  ninety- 
two  of  the  resolves  of  the  present 
year 300  00 

0232  For  an  investigation  and  study  of  the 

legislative  system  and  procedure 
of  the  commonwealth,  as  author- 
ized by  chapter  ninety-five  of  the 
resolves  of  the  present  year  .  1,500  00  - 

0233  For  an  investigation  and  study  rela- 

tive to  the  revenue  of  the  common- 
wealth from  horse  and  dog  racing, 
as  authorized  by  chapter  ninety- 
six  of  the  resolves  of  the  present 
year 2,000  00 

Service  of  the  Judicial  Department. 

Justices  of  District  Courts: 

0302-11  For  compensation  of  justices  of  dis- 
trict courts  while  sitting  in  the 
superior  court    ....  -  $18,500  00 

0302-12  For  expenses  of  justices  of  district 
courts  while  sitting  in  the  supe- 
rior court  ....  -  1.900  00 

0302-13  For  reimbursing  certain  counties  for 
compensation  of  certain  special 
justices  for  services  in  holding 
sessions  of  district  courts  in  place 
of  the  jystice,  while  sitting  in  the 
superior  court    ....  -  6,000  00 

Judicial  Council: 
The  unexpended  balance  of  the  ap- 
propriation for  the  fiscal  year 
nineteen  hundred  and  forty-one 
authorized  by  Item  0303-01  of 
section  two  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of 
the  present  year  is  hereby  made 
available  for  expenditure  for  the 
same  purposes  in  the  fiscal  year 
nineteen  hundred  and  forty-two. 

Administrative  Committee  of  Dis- 
trict Courts: 
0304-01     For  compensation  and  expenses  of 
the  administrative  committee  of 


1158 


Acts,  1941.  — Chap.  730. 


Item 


district  courts,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

FiBcal  Year 

1842. 


$750  00 


District  Attorneys: 
0310-05  For  the  salaries  of  the  district  attor- 
ney and  assistants  for  the  south- 
ern district,  including  not  more 
than  four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose    ..... 


$950  00 


2,500  00 


Service  of  the  Organized  Militia. 

The  unexpended  balance  of  the  ap- 
propriation for  the  fiscal  year 
nineteen  hundred  and  forty-one 
authorized  by  Item  0403-05  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  made  available  for 
expenditure  for  the  same  purposes 
in  the  fiscal  year  nineteen  hun- 
dred and  forty-two. 


Service  of  the  Executive  Department. 

Item  0401-40  of  section  two  of  chap- 
ter six  hundred  and  eighty-three 
of  the  acts  of  the  present  year  is 
hereby  amended  by  adding  at  the 
end  of  the  first  paragraph  the  fol- 
lowing: ",  and  an  additional  sum 
of  one  hundred  thousand  dollars 
is  hereby  transferred  from  the 
appropriation  for  the  fiscal  year 
nineteen  hundred  and  forty-two 
contained  in  Item  2420-00  of  said 
chapter  four  hundred  and  nine- 
teen." 


Service  of  the  Soldiers'  Home  in  Massachusetts. 

0430-00  The  expenditure  of  a  sum  not  to 
exceed  thirteen  thousand  dollars 
in  the  fiscal  year  1941,  for  addi- 
tional maintenance  at  the  Sol- 
diers' Home,  being  the  deficit  in 
said  fiscal  year  referred  to  in  the 
report  of  the  Commission  on  Ad- 
ministration and  Finance,  to  the 
committee  on  Ways  and  Means 
on  the  part  of  the  House,  dated 
October  22,  1941,  is  hereby  au- 
thorized; provided,  that  such 
sum  shall  be  taken  from  Item 
0401-24  of  Chapter  419  of  the 
Acta  of  the  present  year. 


Acts,  1941.  — Chap.  730.  1159 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Commission  on  Administration  and  Finance. 

The  sum  of  three  thousand  dollars 
is  hereby  transferred  from  the 
appropriation  for  the  fiscal  year 
nineteen  hundred  and  forty-two 
authorized  by  Item  0416-04  of 
section  two  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of 
the  present  year  to  the  appropria- 
tion for  said  fiscal  year  authorized 
by  Item  0415-05  of  said  section 
two  of  said  chapter  four  hundred 
and  nineteen. 

For  Expenses  on  Account  of  Wars. 

0441-09  For  expenses  of  the  national  conven- 
tion of  the  Yankee  Division  Vet- 
erans' Association,  as  authorized 
by  chapter  eighty-one  of  the  re- 
solves of  the  present  year   .  .  -  S3,000  GO 

Service  of  the  Massachusetts  Aeronautics  Commission. 

0442-01  For  personal  services  of  employees, 
including  not  more  than  three 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  $250  00  - 

0442-02  For  administrative  expenses,  includ- 
ing consultants'  services,  office  rent 
and  other  incidental  expenses, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose -  750  00 

Service  of  the  Oovemor's  Committee  on  Public  Safety. 

Item  0450-01  of  section  two  of  chap- 
ter four  hundred  and  nineteen  of 
the  acts  of  the  present  year  is 
hereby  amended  by  inserting  after 
the  word  "safety"  in  line  three 
the  words  " ,  and  any  unexpended 
balance  remaining  at  the  end  of 
either  of  the  fiscal  years  nineteen 
hundred  and  forty-one  and  nine- 
teen hundred  and  forty-two  shall 
be  available  for  expenditure  for 
the  same  pvirposes  in  the  following 
year". 

Service  of  the  Secretary  of  the  Commonwealth. 

The  unexpended  balance  of  the  ap- 
propriation for  the  fiscal  year 
nineteen  hundred  and  forty-one 
authorized  by  Item  0501-03  of 
section  two  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of 
the  present  year  ia  hereby  made ' 


1160  Acts,  1941.  — Chap.  730. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

available  for  expenditure  for  the 
same  purposes  in  the  fiscal  year 
nineteen  hundred  and  forty-two. 

For  printing  laws,  etc. : 
0503-02  For  the  printing  of  reports  of  deci- 
sions of  the  supreme  judicial 
court,  to  be  in  addition  to  any 
unexpended  balance  of  appropria- 
tions made  for  the  purpose  in 
preceding  years  ...  -  $10,073  94 

Service  of  the  State  Emergency  Public  Works  Commission. 

0606-01  For  expenses  of  the  board  appointed 
to  formulate  projects  or  perform 
any  act  necessary  to  enable  the 
commonwealth  to  receive  certain 
benefits  provided  by  any  acts  or 
joint  resolutions  of  congress  au- 
thorizing loans,  grants  and  con- 
tributions of  federal  money  for 
public  projects,  including  not 
more  than  seven  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  12,310  00 

Service  of  the  Department  of  Ayriculture. 

Milk  Control  Board: 
0906-01  For  personal  services  of  members  of 
the  board  and  their  employees  for 
the  fiscal  year  nineteen  hundred 
and  forty-two,  including  not  more 
than  fifty-three  permanent  posi- 
tions, to  be  in  addition  to  any 
amount   heretofore   appropriated 

for  the  purpose  ...  -  102,660  00 

Item  0906-02  of  section  two  of  chap- 
ter four  hundred  and  nineteen  of 
the  acts  of  the  present  year  is 
hereby  amended  by  striking  out 
the  words  "For  other  administra- 
tive expenses  of  the  board,  includ- 
ing office  expenses,  rent,  travel  ' 
and  special  services,  and  including 
not  more  than  two  permanent 
positions;  provided,  that  the  ap- 
propriation herein  authorized  for 
the  year  nineteen  hundred  and 
forty-two  shall  be  only  for  admin- 
istrative expenses,  including  per- 
sonal services,  relative  to  the 
'  licensing  and  bonding  of  milk 
dealers",  and  inserting  in  place 
thereof  the  words  "For  other  ad- 
ministrative expenses  of  the  board, 
including  office  expenses,  rent, 
travel,  and  special  services,  and 
including  not  more  than  two  per- 
manent positiops   for   the   fiscal 


Acts,  1941.  — Chap.  730.  1161 

Appropriation      Appropriation 
Fiscal  Year  Fisoal  Year 

Item  1941.  1942. 

year  nineteen  hundred  and  forty- 
one". 

0906-02  For  other  administrative  expenses 
of  the  board,  including  office  ex- 
penses, rent,  travel,  and  special 
services,  and  including  not  more 
than  two  permanent  positions  for 
the  fiscal  year  nineteen  hundred 
and  forty-one,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .  -  $53,220  00 

0906-03  For  expenses  in  connection  with 
certain  activities  conducted  in  co- 
operation with  the  federal  gov- 
ernment, as  authorized  by  section 
twenty-three  of  chapter  six  hun- 
dred and  ninety-one  of  the  acts  of 
the  present  year  ...  -  20,000  00 

Service  of  the  Department  of  Conservation. 

1002-16  For  reimbursement  of  certain  towns 
for  part  of  the  cost  of  certain 
forest  fire  patrol,  as  authorized  by  ' 
chapter  six  hundred  and  eighty- 
eight  of  the  acts  of  the  present 
year -  3,000  00 

Special : 
1002-53  For  the  purchase  and  installation  of 
certain  two-way  radio  equipment 
in  the  forest  fire  radio  communi- 
cation system ;  provided,  that  no 
payment  shall  be  made  or  obliga- 
tion incurred  under  authority  of 
this  appropriation  until  plans  and 
specifications  have  been  approved 
by  the  governor,  unless  otherwise 
provided  by  such  rules  and  regu- 
lations as  the  governor  may  make      $15,500  00  — 

Division  of  Wild  Life  Research 
and  Management: 
1004-52  For  other  expenses,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  200  00  700  00 
Item  1004-53  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  amended  by  strik- 
ing out  the  words  "For  expenses 
of  establishing  and  conducting 
co-operative  wild  life  restoration 
projects,  as  authorized  by  chap- 
ter three  hundred  and  ninety-two 
of  the  acts  of  nineteen  hundred 
and  thirty-eight,  and  federal 
funds  received  as  reimbursements 
under  this  item  are  to  be  credited 
to  the  General  Fund  as  income 
of  the   division   of  fisheries   and 


1162  Acts,  1941.  — Chap.  730. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

game",  and  inserting  in  place 
thereof  the  words  "For  expenses 
of  establishing  and  conducting  co- 
operative wild  life  restoration 
projects,  as  authorized  by  chap- 
ter three  hundred  and  ninety-two 
of  the  acts  of  nineteen  hundred 
and  thirty-eight,  including  not 
more  than  two  permanent  posi- 
tions which  shall  terminate  forth- 
with upon  the  exhaustion  of 
federal  funds  allocated  to  the 
reimbursement  of  seventy-five 
per  cent  of  the  salaries  of  said 
positions,  and  any  unexpended 
balance  remaining  at  the  end  of 
either  of  the  fiscal  years  nineteen 
hundred  and  forty-one  and  nine- 
teen hundred  and  forty-two  may 
be  used  in  the  succeeding  year; 
provided,  that  federal  funds  re- 
ceived as  reimbursements  under 
this  item  are  to  be  credited  to  the 
General  Fund  as  income  of  the 
division  of  fisheries  and  game." 

Service  of  the  Department  of  Corporations  and  Taxation. 

The  following  two  items  shall  be 
payable  from  amounts  col- 
lected under  Chapter  64B  of 
the  General  Laws: 

Excise  upon  charges  for  meals: 

1201-21  For  personal  services  of  the  di- 
rector, assistant  director,  and 
other  necessary  employees  for 
the  administration  of  a  new  ex- 
cise on  meals,  including  not  more 
than  thirty-two  permanent  posi- 
tions, as  authorized  by  a  certain 
act  of  the  present  year        .  $4,000  00         $47,000  00 

1201-22  For  expenses  other  than  personal 
services  for  the  administration  of 
a  new  excise  on  meals,  as  author- 
ized by  a  certain  act  of  the  present 
year 2,000  00  20,000  00 

Service  of  the  Department  of  Banking  and  Insurance. 

1103-02  For  other  personal  services  of  the 
division,  including  expenses  of  the 
board  of  appeal  and  certain  other 
costs  of  supervising  motor  vehicle 
liability  insurance,  and  including 
not  more  than  one  hundred  and 
fifty-nine  permanent  positions, 
partly  chargeable  to  Item  2970 
-02,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  -  15,000  00 


1 


Acts,  1941. —  Chap.  730. 


1163 


Item 
1103-03 


For  other  services,  including  print- 
ing the  annual  report,  travehng 
expenses,  necessary  oflSce  supplies 
and  equipment  and  rent  of  offices, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purposes  ..... 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 
Fiscal  Year 


$14,000  00 


Service  of  the  Department  of  Civil  Service  and  Reoistration. 

Board  of  Registration  of  Profes- 
sional Engineers  and  of  Land 
Surveyors: 
1412-01     For  personal  services  and  other  ex- 
penses, including  travel       .  .  -  2,000  00 

Board  of  Registration  of  Archi- 
tects: 
1413-01     For  personal  services  and  other  ex- 
penses, including  travel       .  .  -  4,000  00 

State  Examiners  of  Plumbers: 
1417-02     For  traveling  expenses,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose       .  $250  00  250  00 


Service  of  the  Department  of  Industrial  Accidents. 

1501-02  For  personal  services  of  secretaries, 
inspectors,  clerks  and  office  as- 
sistants, including  not  more  than 
eighty-seven  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     .....  - 


1,800  00 


Service  of  the  Department  of  Labor  and  Industries. 

1601-61  For  clerical  and  other  assistance  for 
the  board  of  conciliation  and  arbi- 
tration, including  not  more  than 
seven  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  600  00 

Labor  Relations  Commission: 
1604-02     For    administrative    expenses,    in- 
cluding office  rent,  to  be  in  addi- 
tion   to    any   amount  heretofore 
appropriated  for  the  purpose       ,  - 

Division  of  Apprentice  Training: 
1605-01  For  personal  services  of  the  mem- 
bers of  the  apprenticeship  coun- 
cil, the  director  of  apprenticeship, 
and  clerical  and  other  assistants, 
as  authorized  by  chapter  seven 
hundred  and  seven  of  the  acts  of 
the  present  year,  including  not 
more  than  nine  permanent  posi- 
tions .....  — 


400  00 


7,080  00 


1164 


Acts,  1941.  — Chap.  730. 


Item 
1605-02 


For  other  expenses,  including  travel, 
as  authorized  by  chapter  seven 
hundred  and  seven  of  the  acts  of 
the  present  year 


Appropriation 

Fiscal  Year 

1941. 


Appropriation 

Fiscal  Year 

1942. 


$5,500  00 


Service  of  the  Department  of  Education. 

1301-02  For  personal  services  of  officers, 
agents,  clerks,  stenographers  and 
other  assistants,  including  not 
more  than  forty-six  permanent 
positions,  but  not  including  those 
employed  in  university  extension 
work,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  ...  - 

1301-03  For  travehng  expenses  of  members 
of  the  advisory  board  and  of 
agents  and  employees  when  re- 
quired to  travel  in  discharge  of 
their  duties,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  ...  - 

1301-04  For  services  other  than  personal, 
necessary  office  suppHes,  and  for 
printing  the  annual  report  and 
bulletins  as  provided  by  law,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose    .....  — 

Division  of  the  Blind: 
1304-08  For  aiding  the  adult  blind,  subject 
to  the  conditions  provided  by 
law,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  $700  00 


6,520  00 


550  00 


1,500  00 


1305-01 


1305-02 


1305-03 


Teachers'  Retirement  Board: 
For  personal  services  of  employees, 
including  not  more  than  nine  per- 
manent positions,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose 
For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  expenses,  office 
supphes  and  equipment,  and  rent, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose  ..... 
For  payment  of  pensions  to  retired 
teachers,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 


1,800  00 


12,000  00 


800  00 


80,000  00 


Service  of  the  Department  of  Correction. 

Item  1801-02  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  amended  by  add- 


Acts,  1941. —  Chap.  730.  1165 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

ing  after  the  word  "positions"  in 
the  last  line  the  words  "in  the 
fiscal  year  nineteen  hundred  and 
forty-one  and  including  not  more 
than  twenty-two  permanent  posi- 
tions in  the  fiscal  year  nineteen 
hundred  and  forty-two". 

Parole  Board: 

1801-21  For  personal  services  of  members  of 
the  parole  board  and  advisory 
board  of  pardons,  agents,  clerical 
and  other  employees,  including  ' 
not  more  than,  forty  permanent 
positions,  a  sum  not  exceeding 
fifty-six  hundred  and  forty  dol- 
lars in  the  fiscal  year  nineteen 
hundred  and  forty-two,  and  in 
addition  there  is  hereby  trans- 
ferred for  said  services  for  said 
fiscal  year  nineteen  hundred  and 
forty-two  the  sum  of  eighty-eight 
thousand  six  hundred  and  fifty 
dollars  from  the  appropriation  au- 
thorized by  Item  1801-02  of  sec- 
tion two  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the 
present  year  for  the  said  fiscal 
year  nineteen  hundred  and  forty- 
two            -  $5,640  00 

1801-22  For  services  other  than  personal,  in- 
cluding necessary  office  supplies 
and  equipment;  provided,  that 
the  sum  of  thirty-two  hundred 
dollars  is  hereby  transferred  from 
the  appropriation  authorized  for 
the  fiscal  year  nineteen  hundred 
and  forty-two  by  Item   1801-03 

of   section   two   of   chapter   four  - 

hundred  and  nineteen  of  the  acts 
of  the  present  year  to  this  item 
for  the  fiscal  year  nineteen  hun- 
dred and  forty-two. 

1801-23  For  traveling  expenses  of  officers 
and  employees  of  the  parole  board 
when  required  to  travel  in  the  dis- 
charge of  their  duties;  provided, 
that  the  sum  of  ten  thousand  dol- 
lars is  hereby  transferred  from  the 
appropriation  authorized  for  the 
fiscal  year  nineteen  hundred  and 
forty-two  by  Item  1801-04  of  sec- 
tion two  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the 
present  year  to  this  item  for  the 
fiscal  year  nineteen  hundred  and 
forty-two. 

Service  of  the  DeparUnent  of  Mental  Health. 

The  unexpended  balance  of  the  ap- 
propriation made  by  Item  481b 
of  section  two  of  chapter  three 


1166 


Acts,  1941.  — Chap.  730. 


Item 


1714-23 


hundred  and  nine  of  the  acts  of 
nineteen  hundred  and  thirty-nine, 
for  replacing  certain  steam  lines 
at  the  Boston  state  hospital  and 
for  expenses  incidental  thereto, 
is  hereby  reappropriated. 
For  the  acquisition  of  a  certain  par- 
cel of  land  adjacent  to  the  Gard- 
ner State  Hospital,  including  any 
legal  expense  in  connection  with 
said  acquisition 


Appropriation 

Fiscal  Year 

}941. 


Appr,opriation 

Fiscal  Year 

1942. 


$2,100  00 


Service  of  the  Department  of  Public  Welfare. 

The  following  item  shall  be  pay- 
able   from    amounts    collected 
under  Chapter  64B  of  the  Gen- 
eral Laws: 
1901-21     For  expenses  of  the  commissioner  of 
public  welfare  in  connection  with 
a  certain  investigation  and  study 
relative  to  old  age  assistance,  so- 
called,  as  authorized  by  a  chapter 
of  the  acts  of  the  present  year     .  -  25,000  GO 

Division  of  Child  Guardianship: 

1906-01  For  personal  services  of  officers  and 
employees,  including  not  more 
than  one  hundred  and  thirty-six 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  -  4,320  00 

1906-03  For  the  care  and  maintenance  of 
children,  including  not  more  than 
two  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose    -  12,000  00 


2001-02 


Service  of  the  Department  of  Public  Health. 

The  sum  of  six  thousand  dollars  is 
hereby  transferred  from  the  ap- 
propriation for  the  fiscal  year 
nineteen  hundred  and  forty-two 
authorized  by  Item  2006-02  of 
section  two  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of 
the  present  year  to  the  appro- 
priation for  said  fiscal  year  au- 
thorized by  Item  2004r-02  of  said 
chapter  four  hundred  and  nine- 
teen. 

Administration : 
For  personal  services  of  the  health 
council  and  oflBce  assistants,  in- 
cluding not  more  than  twenty- 
three  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose ..... 


4,100  00 


Acts,  1941.  — Chap.  730.  1167 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

2001-03  For  services  other  than  personal, 
including  printing  the  annua!  re- 
port, traveling  expenses,  office 
supplies  and  equipment,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  —  $1,600  00 

Special : 
2023-24  For  certain  improvements  to  the 
water  supply  system,  including 
the  cost  of  purchase  and  installa- 
tion of  certain  water  mains,  at  the 
North  Reading  state  sanatorium        $4,100  00  - 

Service  of  the  Department  of  Public  Works 

Item  2202-07  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  amended  by  adding 
at  the  end  thereof  the  words 
",  including  the  payment  of  a 
certain  claim  for  the  fiscal  year 
nineteen  hundred  and  thirty-nine 
amounting  to  three  hundred  sev- 
.enty-eight  dollars  and  ninety- 
three  cents." 

Item  2202-08  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
is  hereby  amended  by  adding  at 
the  end  thereof  the  words  ",  in- 
cluding the  payment  of  a  certain 
claim  for  the  fiscal  years  nineteen 
hundred  and  thirty-seven  and 
nineteen  hundred  and  thirty- 
eight  amounting  to  fifty-six  dol- 
lars and  seventy-one  cents." 

The  unexpended  balance  of  the  ap- 
propriation authorized  by  Item 
624  of  section  two  of  chapter  three 
hundred  and  nine  of  the  acts  of 
nineteen  hundred  and  thirty-nine 
for  the  fiscal  year  nineteen  hun- 
dred and  forty  is  hereby  trans- 
ferred to  Item  2202-13  of  section 
two  of  chapter  four  hundred  and 
nineteen  of  the  acts  of  the  present 
year,  and  any  unexpended  bal- 
ance of  Item  2202-13  remaining 
at  the  end  of  the  fiscal  year  nine- 
teen hundred  and  forty-one  may 
be  expended  for  the  same  pur- 
poses in  the  fiscal  year  nineteen 
hundred  and  forty-two. 

Item  2202-11  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  follow- 
ing: ",  and  provided,  further 
that  of  the  appropriation  author- 


1168  Acts,  1941.  — Chap.  730. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

'  ized  for  the  fiscal  year  nineteen 

hundred  and  forty-two  by  this 
item  the  sum  of  ten  thousand  dol- 
lars shall  be  available  for  the  pur- 
poses set  forth  in  Item  2220-17  of 
section  two  of  chapter  six  hun- 
dred and  eighty-three  of  the  acts 
of  the  present  year  for  the  fiscal 
year  nineteen  hundred  and  forty- 
two,  the  same  to  be  in  addition  to 
any  unexpended  balance  remain- 
ing at  the  end  of  the  fiscal  year 
nineteen  hundred  and  forty-one  in 
said  Item  2220-17." 


Ujiclassified  Accounts  and  Claims. 

2805-01  For  the  payment  of  certain  annui- 
ties and  pensions  of  soldiers  and 
others  under  the  provisions  of 
certain  acts  and  resolves   .  .  -  $375  00 

2820-03  For  the  payment  of  a  certain  claim, 
as  authorized  by  chapter  seventy- 
seven  of  the  resolves  of  the  pres- 
ent year $1,080  00  520  00 

2820-06  For  reimbursement  of  persons  for 
funds  previously  deposited  in  the 
treasury  of  the  commonwealth 
and  escheated  to  the  common- 
wealth, as  authorized  by  chapter 
seventy-nine  of  the  resolves  of  the 
present  year,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .        17,616  93  - 


Deficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items,  as  follows: 


Service  of  the  State  Quart crm aHer . 

For  the  maintenance  of  armories  of 
the  first  class,  including  the  pur- 
chase of  certain  furniture  .  .  1,349  01 

For  maintenance,  other  than  per- 
sonal services,  of  the  common- 
wealth depot  and  motor  repair 
park 360  05 


Service  of  the  Attorney  General's  Department. 

For  the  compensation  of  assistants 
in  his  office,  and  for  such  other 
legal  and  personal  services  as  may 
be  required,  including  not  more 
than  thirty-seven  permanent  po- 
sitions        4,325  03 


Acts,  1941.  — Chap.  730.  1169 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Department  of  Education. 

Reimbursement  and  aid: 
For  assisting  small  towns  in  provid- 
ing themselves  with  school  super- 
intendents, as  provided  by  law    .        $3,586  25  - 

Service  of  the  DejMrtment  of  Public  Safety. 

Division  of  Inspection: 
For  traveling  expenses  of  officers  for 

the  building  inspection  service    .  242  92 

For  traveling  expenses  of  officers  for 

the  boiler  inspection  service  .  483  66 

Service  of  the  Executive  Department. 

For  payment  of  extraordinary  ex- 
penses and  for  transfers  made  to 
cover  deficiencies,  with  the  ap- 
proval of  the  governor  and  council  1,222  50  - 


Total,  General  Fund        .  .    $140,121  25        $498,418  94 


The  Following  Appropeiations  are  made  from  the  Highway  Fund: 

Service  of  the  Departinent  of  Public  Works. 

Public  Works  Building: 
2922-03  For  other  expenses  for  the  mainte- 
nance and  operation  of  the  public 
works  building,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .        $2,000  00  - 

Functions  of  the  department  re- 
lating to  highways: 

2923-11     (This  item  omitted.) 

2923-14  For  certain  expenses  in  connection 
with  a  geodetic  and  coastal  sur- 
vey, the  amounts  to  be  expended 
in  co-operation  with  any  funds 
-made  available  by  the  federal 
government  for  the  same  purpose, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 1,500  00  $3,600  00 

2923-40  For  the  maintenance  and  repair  of 
state  highways,  including  care  of 
snow  on  highways  and  expenses 
of  traflSc  signs  and  lights,  for  pay- 
ment of  damages  caused  by  de- 
fects in  state  highways,  with  the 
approval  of  the  attorney  general, 
for  care  and  repair  of  road-build- 
ing machinery,  and  for  the  main- 
tenance of  a  nursery  for  roadside 
planting,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose;    provided,  that 


1170  Acts,  1941. —Chap.  730. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1042 

the  appropriation  for  nineteen 
hundred  and  forty-one  shall  in- 
clude a  sum  not  exceeding  two 
hundred  dollars  to  be  used  for  the 
purchase  of  certain  property  in 
the  city  of  Beverly,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  $6,500  00  $30,000  00 
2923-60  For  the  purpose  of  enabUng  the  de- 
partment 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 
purpose;  provided,  that  a  sum 
not  exceeding  two  hundred  forty 
thousand  dollars  may  be  expended 
for  engineering  services  in  carry- 
ing out  the  provisions  of  chapter 
seventy-five  of  the  resolves  of  the 

present  year       ....      331,500  00  - 

Item  2923-72  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  words 
",  and  any  unexpended  balance 
remaining  at  the  end  of  the  fiscal 
year  nineteen  hundred  and  forty- 
one  may  be  expended  in  the  fiscal 
year  nineteen  hundred  and  forty- 
two  for  the  same  purposes;  pro- 
vided, that  the  appointment  of 
such  engineering,  clerical  and 
other  assistants  as  the  work  au- 
thorized in  this  item  may  require 
shall  be  subject  to  chapter  thirty- 
one  of  the  General  Laws  and  the 
rules  and  regulations  made  there- 
imder,  but  may  be  made  on  a  tem- 
porary basis  for  the  duration  of 
the  period  required  for  the  com- 
pletion of  such  work  or  for  any 
portion  thereof,  any  provision  in 
said  chapter  thirty-one  or  said 
rules  to  the  contrary  notwith- 
standing, and  the  commissioner 
may  terminate  such  appointments 
whenever,  in  his  opinion,  the  ne- 
cessity therefor  no  longer  exists, 
and  the  commissioner  shall  ter- 
minate such  appointments  upon 
the  completion  of  such  work  or 
said  portion  thereof." 
Any  unexpended  balance  of  the  ap- 
propriation made  by  Item  B  of 
section  two  of  chapter  five  hun- 
dred and  five  of  the  acts  of  nine- 
teen hundred  and  thirty-eight 
after  the  payment  of  existing  lia- 
bilities is  hereby  made  available 


Acts,  1941.  — Chap.  730.  1171 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1042. 

in  addition  to  the  appropriation 
authorized  by  Item  A  of  said 
section  two  of  said  chapter  five 
hundred  and  five,  for  the  purposes 
set  forth  in  said  Item  A. 


Metropolitan  District  Commission. 

The  following  items  are  to  be  paid 
with  the  approval  of  the  metro- 
politan district  commission: 
2931-00     For  maintenance  of  boulevards  and 
parkways,   including  installation 
of  traffic  lights,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .        $4,865  00  $17,180  00 

Specials: 

2937-02     (This  item  omitted.) 

2937-03  For  certain  repairs  to  the  Maiden 
river  bridge  on  Revere  beach 
parkway 30.000  00 

2937-13  For  the  cost  of  certain  repairs  for 
shore  protection  at  Winthrop, 
Lynn  shore,  Quincy  shore,  and 
Revere  Beach,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose      .  .        26,000  00  - 

Special : 
2937-15  Item  2937-15  of  section  two  of  chap- 
ter four  hundred  and  nineteen  of 
the  acts  of  the  present  year  is 
hereby  amended  by  striking  out 
said  item  and  inserting  in  place 
thereof  the  following:  —  "  For  the 
purchase  and  installation  of  cer- 
tain two-way  radio  equipment, 
including  certain  improvements, 
for  use  by  the  police  force  of  the 
metropolitan  district  commission 
within  the  metropolitan  parks 
district;  provided,  that  no  pay- 
ment shall  be  made  or  obligation 
incurred  under  authority  of  this 
appropriation  until  plans  and 
specifications  have  been  approved 
by  the  governor,  unless  otherwise 
provided  by  such  rules  and  regu- 
lations as  the  governor  may  make        12,300  00  - 


Service  of  Legislative  Investigations. 

2941-02  For  an  investigation  and  study  of 
traffic  congestion  in  and  in  the 
vicinity  of  Boston  and  through- 
out the  commonwealth  and  other 
matters  relating  to  motor  vehicles 
as  authorized  by  chapter  seventy- 
five  of  the  resolves  of  the  present 
year 10,000  00 


1172  "  Acts,  1941.  — Chap.  730. 

Appropriation       Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Service  of  the  Department  of  Public  Safety. 

Special : 
2970-06  For  the  purchase  and  installation  of 
certain  two-way  radio  equipment 
in  the  state  police  radio  communi- 
cation system;  provided,  that  no 
payment  shall  be  made  or  obliga- 
tion incurred  under  authority  of 
this  appropriation  until  plans  and 
specifications  have  been  approved 
by  the  governor,  unless  otherwise 
provided  by  such  rules  and  regu- 
lations as  the  governor  may  make      $23,200  00  - 

Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 
2970-08  For  personal  services  and  other  ex- 
penses of  receivership  of  the 
Canton  Mutual  Liability  Insur- 
ance Company,  provided,  that 
the  total  expense  of  the  division 
of  insurance  due  to  the  receiver- 
ship shall  be  allowed  as  a  cost  of 
liquidation,  and  that  the  com- 
monwealth shall  be  reimbursed 
for  the  amount  certified  by  the 
commissioner  of  insurance  as  said 
cost,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  3,600  00  $32,000  00 

Deficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items,  as  follows: 

Service  of  the  Department  of  Public  Works. 

For  the  maintenance  and  repair  of 
state  highways,  including  care  of 
snow  on  highways,  expenses  of 
traffic  signs  and  lights;  for  pay- 
ment of  damages  caused  by  de-  • 
fects  in  state  highways,  with  the 
approval  of  the  attorney  general; 
for  care  and  repair  of  road-build- 
ing machinery ;  and  for  the  main- 
tenance of  a  nursery  for  roadside 
planting 28  20 

Metropolitan  District  Commission. 

For  the  extension  of  the  Mystic  Val- 
ley parkway,  so-called,  as  author- 
ized by  chapter  three  hundred 
and  seven  of  the  acts  of  nineteen 
hundred  and  thirty-five       .  .  145  21  - 


Total.  Highway  Fund     .         .    $450,638  41  $82,780  00 


Acts,  1941.  — Chap.  730.  1173 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

The  Following  Appropriations  are  made  from  the  Port  of  Boston 

Fund: 

Service  of  the  Department  of  Public  Works. 

Item  3132-12  of  section  two  of 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present 
year  is  hereby  amended  by  adding 
at  the  end  thereof  the  words  "and 
any  unexpended  balance  remain- 
ing at  the  end  of  the  fiscal  year 
nineteen  hundred  and  forty-one 
may  be  expended  in  the  fiscal  year 
nineteen  hundred  and  forty-two 
for  the  same  purposes". 

3132-14  For  personal  services  and  other  ex- 
penses of  the  cost  of  operating  the 
East  Boston  airport,  so-called, 
and  the  Bedford  airport,  so-called  -  $44,000  00 

3133-13  For  payment  of  a  certain  judgment, 
with  the  approval  of  the  attorney 
general,  in  connection  with  a  con- 
tract for  certain  work  at  Com- 
monwealth Pier  No.  5         .  .      $18,509  18 

3133-14  For  reimbursement  to  the  city  of 
Boston,  as  provided  by  chapter 
six  hundred  and  ninety-five  of  the 
acts  of  the  present  year,  on  ac- 
count of  expenses  of  the  East 
Boston  airport,  so  called,  prior  to 
the  termination  date  referred  to 
in  section  two  of  said  act    .  .        22,000  00 

Boston  Port  Authority. 

3134-01  For  reimbursement  of  the  city  of 
Boston  for  a  part  of  the  cost  of 
the  Boston  Port  Authority,  as 
authorized  by  chapter  four  hun- 
dred and  fifty-three  of  the  acts  of 
nineteen  hundred  and  thirty- 
eight,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  396  48  - 

Deficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items,  as  follows: 
For  the  maintenance  of  pier  one,  at 
East  Boston,  including  not  more 
than  two  permanent  positions     .  668  73  - 


Total,  Port  of  Boston  Fund     .      $41,574  39  $44,000  GO 


1174 


Acts,  1941.  — Chap.  730. 


Item 


Appropriation 

Fiscal  Year 

1041. 


Appropriation 

Fiscal  Year 

1942. 


The  Following  Appropriations  are  payable  from  the  Prison  Indus- 
tries Fund: 

The  following  amounts  appropri- 
ated in  Items  4411,  4511,  4611 
and  4711  include,  in  each  in- 
stance, partial  compensation  of 
not  more  than  seven  additional 
permanent  employees  in  indus- 
tries at  the  State  Prison: 
4411           For  salaries  of  persons  employed  in 
industries  at  the   Massachusetts 
Reformatory,  including  not  more 
than  twenty-six  permanent  posi- 
tions           -  168,640  00 

4511  For  salaries  of  persons  employed  in 

industries  at  the  Reformatory  for 
Women,  including  not  more  than 

thirteen  permanent  positions  -  27,386  00 

4611  For  salaries  of  persons  employed  in 

industries  at  the  State  Prison,  in- 
cluding not  more  than  thirty- 
seven  permanent  positions  .  -  89,396  00 
4711  For  salaries  of  persons  employed  in 
industries  at  the  State  Prison 
Colony,  including  not  more  than 
sixteen  permanent  positions         .                   — 


Total,  Prison  Industries  Fund  . 


41,441  00 
$216,763  00 


Metropolitan  District  Commission  Funds. 

The  following  items  are  to  be  as- 
sessed upon  the  several  districts 
in  accordance  with  the  methods 
fixed  by  law,  unless  otherwise 
provided,  and  to  be  expended 
under  the  direction  and  with 
the  approval  of  the  metropoli- 
tan district  commission: 
8602-00     For  maintenance  of  parks  reserva- 
tions, including  the  purchase  of 
land  and  the  retirement  of  vet- 
erans under  the  provisions  of  the 
General  Laws,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose       .  .        $5,095  00  $4,950  00 
8602-27     For  the  cost  of  suppressing  gypsy 
moths,   including   certain   equip- 
ment, to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parks 

reservations       ....  -  5,000  00 

8607-00  For  maintenance  of  the  Charles 
River  basin,  including  retirement 
of  veterans  under  the  provisions 
of  the  General  Laws,  to  be  in  ad- 
dition to  any  amount  lieretofore 

appropriated  for  the  purpose        .  8,580  00  9,035  00 

8611-00  For  maintenance  of  the  Nantasket 
Beach  reservation,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .  2.800  00  3,276  00 


Acts,  1941.  — Chap.  730.  1175 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

8802-00  For  the  maintenance  and  operation 
of  a  system  of  sewage  disposal  for 
the  north  metropolitan  sewerage 
district,  including  retirement  of 
veterans  under  the  provisions  of 
the  General  Laws,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .        $3,000  00  $3,000  00 

8807-00  For  the  maintenance  and  operation 
of  a  system  of  sewage  disposal  for 
the  south  metropolitan  sewerage 
district,  including  retirement  of 
veterans  under  the  provisions  of 
the  General  Laws,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose       .  1,250  00  1,250  00 

8902-00  For  the  maintenance  and  operation 
of  the  metropohtan  water  system, 
including  retirement  of  veterans 
under  the  provisions  of  the  Gen- 
eral Laws,  to  be  in  addition  to  any 
amount  heretofore   appropriated 

for  the  purpose  .  .  .        21,825  00  56,265  00 

From  the  unexpended  balance  of  the 
appropriation  made  by  Item  690 
of  section  two  of  chapter  three 
hundred  and  nine  of  the  acts  of 
nineteen  hundred  and  thirty-nine, 
for  the  purchase  of  property  for 
protection  of  the  water  supply, 
there  is  hereby  reappropriated 
the  sum  of  five  thousand  dollars. 

8902-25  For  personal  services  of  metropoli- 
tan district  police  at  the  Quabbin 
reservoir,  so-called,  including  not 
more  than  twenty-five  permanent 
positions,  to  be  assessed  as  a  part 
of  the  cost  of  maintenance  of  the 
metropolitan  water  system  .  -  54,900  00 

8902-26  For  an  investigation  relative  to  cer- 
tain use  of  the  Quabbin  reservoir 
for  water  supply  purposes  and 
relative  to  other  matters,  as  au- 
thorized by  chapter  ninety-one 
of  the  resolves  of  the  present  year, 
to  be  assessed  as  a  part  of  the  cost 
of  maintenance  of  the  metropoli- 
tan water  system        .  .  .  3,000  00  - 

Deficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items,  as  follows: 
For  maintenance  of  parks  reserva- 
tions, including  the  purchase  of 
land  and  the  retirement  of  vet- 
erans under  the  provisions  of  the 
General  Laws    ....  826  80 


Totals,    Metropolitan    District 

Commission  Funds       .  .      $46,376  80        $137,675  00 


1176  Acts,  1941.  — Chap.  731. 

Appropriation         Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1941.  1942. 

Items  0416-23,  0423-21,  1331-31, 
1332-31,  1711-25,  1716-23, 
2022-22,  2031-21,  4035,  4036  of 
nhapter  four  hundred  and  nine- 
teen of  the  acts  of  the  present  year 
are  hereby  amended  by  adding  at 
the  end  of  each  of  said  items  the 
following:  ",  and  the  amount  ap- 

^  propriated  for  the  fiscal  year  nine- 
teen hundred  and  forty-two  is  in 
addition  to  the  amount  appropri- 
ated in  the  fiscal  year  nineteen 
hundred  and  forty-one  for  the 
same  purpose." 

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

Approved  October  31,  1941- 

Chap.7Sl  An  Act  to  apportion  and  assess  for  the  current  year 

A  STATE  TAX  OF  SIXTEEN  MILLION  FIVE  HUNDRED  THOU- 
SAND DOLLARS  AND  FOR  THE  YEAR  NINETEEN  HUNDRED 
AND  FORTY-TWO  A  STATE  TAX  OF  FIFTEEN  MILLION  DOLLARS. 

Be  it  enacted,  etc.,  as  follows: 

Part  I. 

Section  1.  There  shall  be  a  state  tax  for  the  current 
year  amounting  in  the  aggregate  to  sixteen  million  five  hun- 
dred thousand  dollars.  The  cities  and  towns  in  the  com- 
monwealth shall  be  assessed  and  charged  with,  and  shall 
pay,  said  tax  in  the  proportions  established  for  them,  re- 
spectively, by  chapter  one  hundred  and  forty-one  of  the 
acts  of  the  current  year,  as  amended  by  chapter  six  hundred 
and  thirty-three  of  the  acts  of  said  year.  The  comptroller 
shall,  as  soon  as  may  be,  prepare  a  schedule  showing  the 
sum  with  which  each  city  and. town  is  charged  in  accord- 
ance with  this  part  and  transmit  the  same  to  the  commis- 
sioner of  corporations  and  taxation,  who  shall  verify  the 
sums  appearing  in  such  schedule  and  as  soon  as  may  be 
thereafter  shall  certify  it  as  so  verified  to  the  state  treasurer. 
A  copy  of  the  schedule  as  so  verified  shall  *be  kept  in  the 
office  of  said  commissioner  and  shall  be  open  to  public 
inspection. 

Section  2.  Upon  receipt  by  the  state  treasurer  from 
said  commissioner  of  said  schedule  as  verified  and  certified 
by  him,  said  treasurer  shall  forthwith  send  his  warrants  to 
the  selectmen  or  assessors  of  each  city  and  town  taxed  as 
aforesaid,  requiring  them  respectively  to  assess  in  the  man- 
ner provided  in  section  twenty-one  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section  two 
of  chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to  the 
commonwealth  as  specifically  provided  by  law  or  as  certified 


Acts,  1941.  — Chap.  731.  1177 

to  him  by  the  proper  state  board,  department  or  commission, 
and  to  add  the  amount  of  such  taxes  and  charges  to  the 
amount  of  city,  town  and  county  taxes  to  be  assessed  by 
them  respectively  on  each  city  and  town. 

Section  3.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  November  twentieth  in  the  current  year,  the  sums 
with  which  their  respective  cities  and  towns  are  charged  as 
provided  in  section  one;  and  the  selectmen  or  assessors, 
respectively,  shall  return  a  certificate  of  the  names  of  the 
treasurers  of  their  several  cities  and  towns,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  state  treasurer 
at  some  time  before  September  first  in  the  current  year. 

Section  4.  If  the  amount  due  from  any  city  or  town,  as 
provided  in  this  part,  is  not  paid  to  the  state  treasurer  within 
the  time  specified,  the  state  treasurer  shall  notify  the  treas- 
urer of  such  delinquent  city  or  town,  who  shall  pay  into  the 
treasury  of  the  commonwealth,  in  addition  to  the  tax,  such 
further  sum  as  would  be  equal  to  one  per  cent  per  month 
during  the  delinquency  from  and  after  November  twentieth 
of  the  current  year;  and  if  the  same  remains  unpaid  after 
December  first  of  the  current  year,  an  information  may  be 
filed  by  the  state  treasurer  in  the  supreme  judicial  court, 
or  before  any  justice  thereof,  against  such  delinquent  city 
or  town;  and  upon  notice  to  such  city  or  town,  and  a  sum- 
mary hearing  thereon,  a  warrant  of  distress  may  issue  against 
such  city  or  town  to  enforce  the  payment  of  said  taxes  under 
such  penalties  as  the  court,  or  the  justice  thereof  before 
whom  the  hearing  is  had,  shall  order.  The  state  treasurer 
may  deduct  at  any  time  from  any  moneys  which  may  be 
due  from  the  commonwealth  to  any  city  or  town  the  whole 
or  any  part  of  the  tax  in  this  part  apportioned  or  any  other 
tax  or  charge  which  may  be  due  to  the  commonwealth  from 
such  city  or  town,  with  the  interest  accrued  thereon. 

Part  II. 

Section  5.  There  shall  be  a  state  tax  for  the  year  nine- 
teen hundred  and  forty-two  amounting  in  the  aggregate  to 
fifteen  million  dollars.  The  cities  and  towns  in  the  com- 
monwealth shall  be  assessed  and  charged  with,  and  shall 
pay,  said  tax  in  the  proportions  established  for  them,  re- 
spectively, by  chapter  one  hundred  and  forty-one  of  the 
acts  of  nineteen  hundred  and  forty-one,  as  amended  by 
chapter  six  hundred  and  thirty-three  of  the  acts  of  said 
year.  The  comptroller  shall,  as  soon  as  may  be,  prepare  a 
schedule  showing  the  sum  with  which  each  city  and  town 
is  charged  in  accordance  with  this  part  and  transmit  the 
same  to  the  commissioner  of  corporations  and  taxation,  who 
shall  verify  the  sums  appearing  in  such  schedule  and  as 
soon  as  may  be  thereafter  shall  certify  it  as  so  verified  to 


1178  Acts,  1941.— Chap.  731. 

the  state  treasurer.  A  copy  of  the  schedule  as  so  verified 
shall  be  kept  in  the  office  of  said  commissioner  and  shall  be 
open  to  public  inspection. 

Section  6.  Upon  receipt  by  the  state  treasurer  from 
said  commissioner  of  said  schedule  as  verified  and  certified 
by  him,  said  treasurer  shall  forthwith  send  his  warrants  to 
the  selectmen  or  assessors  of  each  city  and  town  taxed  as 
aforesaid,  requiring  them  respectively  to  assess  in  the  man- 
ner provided  in  section  twenty-one  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section  two 
of  chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to  the 
commonwealth  as  specifically  provided  by  law  or  as  certi- 
fied to  him  by  the  proper  state  board,  department  or  com- 
mission, and  to  add  the  amount  of  such  taxes  and  charges 
to  the  amount  of  city,  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 

Section  7.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  November  twentieth  in  the  year  nineteen  hundred 
and  forty-two,  the  sums  with  which  their  respective  cities 
and  towns  are  charged  as  provided  in  section  five;  and  the 
selectmen  or  assessors,  respectively,  shall  return  a  certificate 
of  the  names  of  the  treasurers  of  their  several  cities  and 
towns,  with  the  sum  which  each  may  be  required  to  collect, 
to  the  state  treasurer  at  some  time  before  September  first 
in  the  year  nineteen  hundred  and  forty-two. 

Section  8.  If  the  amount  due  from  any  city  or  town, 
as  provided  in  this  part,  is  not  paid  to  the  state  treasurer 
within  the  time  specified,  the  state  treasurer  shall  notify 
the  treasurer  of  such  delinquent  city  or  town,  who  shall  pay 
into  the  treasury  of  the  commonwealth,  in  addition  to  the 
tax,  such  further  sum  as  would  be  equal  to  one  per  cent  per 
month  during  the  delinquency  from  and  after  November 
twentieth  of  the  year  nineteen  hundred  and  forty-two;  and 
if  the  same  remains  unpaid  after  December  first  of  the  year 
nineteen  hundred  and  forty-two,  an  information  may  be 
filed  by  the  state  treasurer  in  the  supreme  judicial  court,  or 
before  any  justice  thereof,  against  such  delinquent  city  or 
town;  and  upon  notice  to  such  city  or  town,  and  a  summary 
hearing  thereon,  a  warrant  of  distress  may  issue  against 
such  city  or  town  to  enforce  the  payment  of  said  taxes  under 
such  penalties  as  the  court,  or  the  justice  thereof  before 
whom  the  hearing  is  had,  shall  order.  The  state  treasurer 
may  deduct  at  any  time  from  any  moneys  which  may  be 
due  from  the  commonwealth  to  any  city  or  town  the  whole 
or  any  part  of  the  tax  in  this  part  apportioned  or  any  other 
tax  or  charge  which  may  be  due  to  the  commonwealth  from 
such  city  or  town,  with  the  interest  accrued  thereon. 

Approved  October  SI,  1941. 


RESOLVES. 


Chap. 


Resolve  validating  the  acts  of  paul  b.  Roberts  of 
winchester  as  a  justice  of  the  peace  and  his  acts 
as  a  notary  public. 

Resolved,  That  the  acts  of  Paul  B.  Roberts  of  Winchester 
as  a  justice  of  the  peace  and  as  a  notary  pubhc,  between 
September  fifteenth,  nineteen  hundred  and  twenty-two,  and 
February  twelfth,  nineteen  hundred  and  thirty,  both  dates 
inclusive,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  if  during  said  time  he  had  been  qualified  to  dis- 
charge the  duties  of  such  offices,  respectively. 

Approved  February  11,  1941. 


Resolve  validating  the  acts  of  morris  e,  Schneider ^^^^      2 
OF  brookline  as  a  notary  public. 

Resolved,  That  the  acts  of  Morris  E.  Schneider  of  Brook- 
line  as  a  notary  public,  between  February  twenty-third  and 
September  twenty-eighth,  nineteen  hundred  and  forty,  both 
dates  inclusive,  are  hereby  confirmed  and  made  valid  to  the 
same  extent  as  if  during  said  time  he  had  been  quaUfied  to 
discharge  the  duties  of  said  office. 

Approved  February  13,  1941. 


Resolve  providing  for  an  investigation  by  the  cover-  Qhnjy      q 
nor's  committee  on  public  safety  relative  to  certain         ^' 

MEASURES  adopted  BY  THE  COMMONWEALTH  DURING  THE 
years  nineteen  HUNDRED  AND  SIXTEEN,  NINETEEN  HUN- 
DRED AND  SEVENTEEN  AND  NINETEEN  HUNDRED  AND 
EIGHTEEN,  DEALING  WITH  MEN  WHO  ENTERED  THE  MILI- 
TARY SERVICE  OF  THE  UNITED  STATES. 

Resolved,  That  the  governor's  committee  on  public  safety 
is  hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  so  much  of  the  governor's  address,  printed  as  cur- 
rent senate  document  number  one,  as  relates  to  a  study  of 
the  measures  adopted  by  the  commonwealth  during  the 
years  nineteen  hundred  and  sixteen,  nineteen  hundred  and 
seventeen  and  nineteen  hundred  and  eighteen  dealing  with 
men  who  entered  the  military  service  of  the  United  States. 
Said  committee  shall  report  to  the  general  court  the  results 
of  its  investigation  hereunder,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  fihng  the  same  with 


1180  Resolves,  1941.  — Chaps.  4,  5. 

the  clerk  of  the  senate  on  or  before  the  third  Monday  of 
March  in  the  current  year.      Approved  February  21,  lO^i- 


Chaj).     4  Resolve  providing  for  an  investigation  by  the  armory 

COMMISSION  RELATIVE  TO  THE  ERECTION  OF  ARMORIES  IN 
THE  CITIES  OF  MELROSE,  CHICOPEE  AND  REVERE,  AND 
IN  THE  EAST  BOSTON  DISTRICT  OF  BOSTON,  AND  IN  THE 
TOWN    OF   WEBSTER. 

Resolved,  That  the  armory  commission  is  hereby  author- 
ized and  directed  to  investigate  the  subject  matter  of  current 
senate  document  numbered  thirty-seven  and  of  current 
house  document  numbered  three  hundred  and  seventy-one, 
relative  to  the  erection  of  a  new  armory  in  the  city  of  Mel- 
rose; the  subject  matter  of  current  house  document  num- 
bered seven  hundred  and  ninety-three,  relative  to  the  erec- 
tion of  a  new  armory  in  the  city  of  Chicopee;  the  subject 
matter  of  current  house  document  numbered  nineteen  hun- 
dred and  eighteen,  relative  to  the  erection  of  a  new  armory 
in  the  city  of  Revere;  the  subject  matter  of  current  senate 
document  numbered  two  hundred  and  eighty  and  of  current 
house  document  numbered  two  hundred  and  sixty,  relative 
to  the  erection  of  a  new  armory  in  the  East  Boston  district 
of  Boston;  and  the  subject  matter  of  senate  document 
numbered  one  hundred  and  fifty-six,  relative  to  the  erection 
of  a  new  armory  in  the  town  of  Webster,  with  a  view  to 
determining  suitable  locations  for  and  the  probable  cost  of 
said  armories,  including  the  cost  of  acquiring  such  land  as 
may  be  necessary  therefor.  Said  commission  in  making  its 
investigation  hereunder  shall  consider  the  number  of  mili- 
tary units  now  located  or  proposed  to  be  located  in  said 
cities  and  town.  Said  commission  shall  report  to  the  gen- 
eral court  the  results  of  its  investigations  hereunder,  and 
its  recommendations,  if  any,  together  with  drafts  of  legis- 
lation necessary  to  carry  said  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  day  of  April  in  the  current  year. 

Approved  March  8,  1941' 


Chap.     5  Resolve  increasing  the  scope  of  the  investigation  by 

THE  governor's  COMMITTEE  ON  PUBLIC  SAFETY  RELATIVE 
TO  ACTION  BY  THE  COMMONWEALTH  AS  TO  CERTAIN  PER- 
SONS ENTERING  THE  MILITARY  OR  NAVAL  SERVICE  OF  THE 
UNITED    STATES. 

Resolved,  That  the  governor's  committee  on  public  safety, 
in  making  its  investigation  under  chapter  three  of  the  re- 
solves of  the  current  year,  is  hereby  requested  to  consider 
the  subject  matter  of  current  house  document  numbered 
sixteen  hundred  and  forty-seven,  providing  for  the  payment 
by  the  commonwealth  of  a  sum  of  money  to  the  dependents 
of  persons  serving  in  the  military  or  naval  forces  of  the 


Resolves,  1941.  — Chaps.  6,  7.  1181 

United  States,  and  of  current  house  document  numbered 
sixteen  hundred  and  eighty-eight,  providing  for  the  pay- 
ment by  the  commonwealth  of  a  sum  of  money  to  residents 
of  the  commonwealth  drafted  or  enlisted  in  the  armed  forces 
of  the  United  States.  Said  committee  is  hereby  further  re- 
quested to  include  in  the  report  to  be  made  by  it  under  said 
chapter  three  the  results  of  its  investigations  hereunder 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect.  Approved  March  11,  1941- 


Resolve  providing  for  an  investigation  by  the  depart-  Chap.     6 

MENT  OF  PUBLIC  WORKS  RELATIVE  TO  THE  DREDGING  OF 
A  CHANNEL  OR  CHANNELS  LEADING  FROM  EAST  BOSTON 
TO  THE  MAIN  CHANNEL  OF  BOSTON  HARBOR. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  investigate  the  advisability  and 
expediency  of  dredging  a  channel  or  channels  leading  from 
the  waters  adjacent  to  the  East  Boston  Yacht  Club  and  the 
Orient  Heights  Yacht  Club  in  East  Boston  to  the  main 
channel  of  Boston  harbor,  as  set  forth  in  current  house 
documents  numbered  two  hundred  and  five  and  two  hun- 
dred and  six.  Said  department  shall  report  to  the  general 
court  the  results  of  its  investigation,  and  its  recommenda- 
tions, if  any,  together  with  estimates  of  cost  and  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  senate  as  soon 
as  may  be.  Approved  March  14,  1941. 

Resolve  providing  for  an  investigation  by  the  judi-  (Jfiap,     7 

CIAL  council  relative  TO  ATTACHMENTS  OF  PROPERTY, 
AND    CERTAIN   RELATED   MATTERS. 

Resolved,  That  the  judicial  council  be  requested  to  inves- 
tigate the  subject  matter  of  current  senate  document  num- 
bered two  hundred  and  twenty  and  current  house  documents 
numbered  two  hundred  and  twenty-six,  seven  hundred  and 
sixty-seven,  seven  hundred  and  eighty-three,  seven  hun- 
dred and  eighty-five,  ten  hundred  and  ninety-seven,  ten 
hundred  and  ninety-eight,  ten  hundred  and  ninety-nine,  • 
eleven  hundred,  eleven  hundred  and  one,  eleven  hundred 
and  two,  eleven  hundred  and  three,  fourteen  hundred  and 
seventeen  hundred  and  forty-seven,  relative  to  attachments 
of  property,  and  certain  related  matters,  and  to  include  its 
conclusions  and  recommendations  in  relation  thereto,  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  year  nineteen  hun- 
dred and  forty-two.  Approved  March  26,  1941. 


1182  Resolves,  1941. —  Chap.  8. 


Chap.     8  Resolve  providing  for  the  present  determination,  in 

THE  MANNER  PROVIDED  BY  EXISTING  LEASES  FROM  THE 
COMMONWEALTH  TO  THE  CITY  OF  BOSTON  OF  THE  EAST 
BOSTON  AIRPORT  PROPERTY,  OF  VALUES  OF  CERTAIN  IM- 
PROVEMENTS MADE  BY  SAID  CITY  AT  SAID  PROPERTY,  IN 
CONTEMPLATION  OF  THE  TURNING  OVER  IN  NINETEEN 
HUNDRED  AND  FORTY-ONE  OF  POSSESSION  OF  SAID  PROP- 
ERTY  TO   THE    COMMONWEALTH. 

Resolved,  That  there  is  hereby  estabhshed  a  special  com- 
mission consisting  of  three  members  appointed  as  provided 
in  the  leases  from  the  commonwealth  to  the  city  of  Boston 
of  land  now  included  in  the  East  Boston  airport  made  under 
chapter  sixty-four  of  the  resolves  of  nineteen  hundred  and 
twenty-eight  and  chapter  fifty-three  of  the  resolves  of  nine- 
teen hundred  and  thirty.  Not  later  than  ten  days  after  the 
date  of  passage  hereof,  said  members  shall  be  appointed  and 
writings  evidencing  such  appointments  shall  be  filed  in  the 
ofiice  of  the  state  secretary;  and  any  vacancy  occurring  in 
said  commission  prior  to  the  completion  of  its  duties  here- 
under from  death,  resignation  or  other  cause  shall  forthwith 
be  filled  in  the  manner  herein  provided  for  the  appointment 
of  the  member  whose  place  is  so  to  be  filled.  Said  commis- 
sion shall  determine  the  values,  which  in  said  leases  are  pro- 
vided to  be  determined  by  such  a  commission,  in  the  same 
manner  as  is  provided  therein,  except  that,  instead  of  deter- 
mining such  values  as  of  the  termination  of  the  stated  terms 
of  said  leases,  said  commission  shall  make  the  determina- 
tion of  such  values  as  of  the  last  day  of  the  month  in  which 
occurs  the  appointment  of  the  member  of  said  commission 
last  appointed,  said  day  being  hereinafter  referred  to  as  the 
valuation  date;  and  shall,  not  later  than  May  fifteenth  of 
the  current  year,  submit  in  writing  to  the  governor  and  to  the 
mayor  of  said  city  a  written  determination  of  the  values  as 
determined  under  this  resolve.  In  determining  said  values 
and  in  accordance  with  said  leases,  said  commission  shall 
disregard  any  payments  by  said  city  on  account  of  the  prin- 
cipal of  or  interest  on  any  of  its  funded  debt  at  any  time 
incurred  in  connection  with  said  airport  property.  The 
determination  of  values  hereunder  shall  be  in  sufficient  detail 
and  be  accompanied  by  sufficient  data  to  serve  as  a  basis  for 
establishing  terms  for  the  turning  over  of  possession  of  said 
airport  property  to  the  commonwealth  in  nineteen  hundred 
and  forty-one,  if  hereafter  provided  for,  instead  of  in  nine- 
teen hundred  and  forty-eight  as  provided  in  said  leases. 

Approved  March  28,  1941. 


Resolves,  1941.  — Chaps.  9,  10,  11,  12.  1183 

Resolve   validating  the   acts   of  ruth   s.    fuller   of  (Jfiav.     9 

EASTON  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  Ruth  S.  Fuller  of  Easton  as  a 
notary  public  between  October  twenty-first,  nineteen  hun- 
dred and  thirty-four,  and  October  fourth,  nineteen  hundred 
and  thirty-nine,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invalid  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Ruth  M.  Sackett,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secre- 
tary a  fee  of  one  dollar  as  required  by  section  thirteen  of 
chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  April  23,  1941. 


Resolve  validating  the  acts  of  claude  b.  k^ttredge  of  Qfiap,   10 

EVERETT  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  Claude  B.  Kittredge  of  Everett 
as  a  notary  pubHc  between  November  twenty-second,  nine- 
teen hundred  and  forty,  and  March  tenth,  nineteen  hundred 
and  forty-one,  both  dates  inclusive,  are  hereby  confirmed 
and  made  valid  to  the  same  extent  as  if  during  said  time  he 
had  been  qualified  to  discharge  the  duties  of  said  office. 

Approved  April  23,  19Jfl. 


Resolve  validating  the  acts  of  Gertrude  c.  ginsberg  Qfiav.   11 
OF  boston  as  a  notary  public. 

Resolved,  That  the  acts  of  Gertrude  C.  Ginsberg  of  Bos- 
ton as  a  notary  public  between  September  twenty-sixth, 
nineteen  hundred  and  forty,  and  November  first,  nineteen 
hundred  and  forty,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invafid  by  reason  of  the  fact  that,  upon 
the  change  of  her  name  from  Gertrude  CarHn,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secre- 
tary a  fee  of  one  dollar,  as  required  by  section  thirteen  of 
chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  April  23,  lOJ^l. 


Resolve  validating  the  acts  of  harold  e.  clarkin  of  Chap.   12 

FALL   RIVER   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Harold  E.  Clarkin  of  Fall 
River  as  a  notary  public,  between  October  twenty-fifth, 
nineteen  hundred  and  forty,  and  February  twenty-fourth, 
nineteen  hundred  and  forty-one,  both  dates  inclusive,  are 
hereby  confirmed  and  made  valid  to  the  same  extent  as  if 
during  said  time  he  had  been  quafified  to  discharge  the 
duties  of  Said  office.  Approved  April  23,  1941. 


1184  Resolves,  1941. —  Chaps.  13,  14,  15. 


Chap.    13  Resolve  providing  for  an  investigation  and  study  by 

THE  commissioner  OF  EDUCATION  AND  THE  CHAIRMAN  OF 
THE  STATE  PLANNING  BOARD  OF  PROBLEMS  CONNECTED 
WITH  THE  STIMULATION  OF  HANDICRAFTS  THROUGHOUT 
THE    COMMONWEALTH. 

Resolved,  That  the  commissioner  of  education  and  the 
chairman  of  the  state  planning  board  are  hereby  authorized 
and  directed  to  make  an  investigation  and  study  of  problems 
connected  with  the  stimulation  of  handicrafts  throughout 
the  commonwealth,  with  a  view  to  determining  the  possi- 
bility of  establishing  a  permanent  organization  to  co-ordinate 
and  promote  activities  in  said  field.  In  the  course  of  their 
investigation  and  study  said  commissioner  and  chairman 
shall  confer  with  the  Extension  Service  of  the  Massachu- 
setts State  College,  the  Massachusetts  State  Grange,  the 
Massachusetts  Farm  Bureau  Federation,  Incorporated,  The 
Society  of  Arts  and  Crafts  and  the  Massachusetts  Association 
of  Handicraft  Guild,  and  may  call  upon  the  departments, 
boards,  commissions  and  officers  of  the  commonwealth 
for  such  information  as  they  may  desire  for  the  purposes 
of  this  resolve.  Said  commissioner  and  chairman  shall  re- 
port to  the  general  court  the  results  of  their  investigation 
and  study,  and  their  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the  house 
of  representatives  within  two  months  after  the  effective  date 
of  this  resolve.  Approved  April  SO,  1941. 

Chap.   14  Resolve  validating  certain  acts  of  henry  c.  walsh  op 

WORCESTER  AS  A  JUSTICE  OF  THE  PEACE  AND  AS  A  NOTARY 
PUBLIC. 

Resolved,  That  the  acts  of  Henry  C.  Walsh  of  Worcester  as 
a  justice  of  the  peace  and  as  a  notary  public,  between  Novem- 
ber twenty-ninth,  nineteen  hundred  and  forty,  and  March 
eighth,  nineteen  hundred  and  forty-one,  both  dates  inclusive, 
are  hereby  confirmed  and  made  valid  to  the  same  extent  as  if 
during  said  ^ime  he  had  been  qualified  to  discharge  the  duties 
of  such  offices,  respectively.  Approved  May  1,  1941. 


Chap.   15  Resolve  further  providing  for  the  distribution  of 

THE   RECORDS   OF   MASSACHUSETTS   SOLDIERS,    SAILORS   AND 
MARINES    IN    THE    CIVIL   WAR. 

Resolved,  That  the  state  secretary,  in  distributing  copies 
of  "Massachusetts  Soldiers,  Sailors  and  Marines  in  the  Civil 
War"  shall  also  distribute  on  written  request  one  copy 
thereof  to  each  member  of  the  present  general  court  who 
was  not  a  member  of  the  general  court  during  the  years 
nineteen  hundred  and  thirty-seven  and  nineteen  hundred 


Resolves,  1941.— Chaps.  16,  17.  1185 

and  thirty-eight,  and,  until  the  present  supply  is  exhausted, 
to  any  member  of  any  general  court  hereafter  elected  who 
has  not  previously  received  a  copy  of  said  publication. 

Approved  May  8,  191^1. 

Resolve  "authorizing   the   granting   to   the  town   of  (Jfidj)     \Q 

ORANGE  OF  AN  EASEMENT  IN  CERTAIN  STATE  LAND  FOR 
THE  CONSTRUCTION  AND  MAINTENANCE  BY  IT  OF  A  SEWER 
IN   AND   ACROSS    SAID    LAND. 

Resolved,  That  the  armory  commission,  on  behalf  of  the 
commonwealth,  is  hereby  authorized  to  grant  to  the  town 
of  Orange,  by  instrument  or  instruments  approved  as  to 
form  by  the  attorney  general,  an  easement  in  land  of  the 
commonwealth  at  or  adjoining  the  state  armory  in  said 
town  for  the  construction  and  maintenance  by  said  town 
of  a  sewer  in  and  across  such  land. 

Approved  May  9,  1941- 


Resolve  providing  for  an  investigation  by  the  judicial  Chap.   17 

COUNCIL  relative  TO  DAMAGES  FOR  BODILY  INJURIES  OR 
DEATH  CAUSED  BY  THE  OPERATION  OF  MOTOR  VEHICLES 
OWNED  BY  THE  COMMONWEALTH  OR  ANY  OF  ITS  POLITI- 
CAL SUBDIVISIONS  OR  BY  CHARITABLE  CORPORATIONS,  RELA- 
TIVE TO  THE  ADMISSIBILITY  OF  EVIDENCE  OF  VIOLATION  OF 
ANY  STATUTE,  ORDINANCE  OR  WRITTEN  RULE  AS  EVIDENCE 
OF  NEGLIGENCE,  RELATIVE  TO  TRUSTEE  PROCESS  IN  AC- 
TIONS UPON  JUDGMENTS  AND  RELATIVE  TO  THE  ATTACH- 
MENT OF  ENCUMBERED   PERSONAL  PROPERTY. 

Resolved,  That  the  judicial  council  be  requested  to  inves- 
tigate the  subject  matter  of  current  senate  document  num- 
bered two  hundred  and  twenty-two,  relative  to  damages  for 
bodily  injuries  or  death  caused  by  the  operation  of  motor 
vehicles  owned  by  the  commonwealth  or  any  of  its  political 
subdivisions  or  by  charitable  corporations,  of  current  senate 
document  numbered  four  hundred  and  thirteen,  relative  to 
the  admissibility  of  evidence  of  violation  of  any  statute, 
ordinance  or  written  rule  as  evidence  of  negligence,  of  cur- 
rent house  document  numbered  seven  hundred  and  eighty- 
four,  relative  to  trustee  process  in  actions  upon  judgments, 
and  of  current  house  document  numbered  ten  hundred  and 
ninety-six,  relative  to  the  attachment  of  encumbered  per- 
sonal property,  and  to  include  its  conclusions  and  recom- 
mendations, if  any,  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same, 
in  its  annual  report  for  the  year  nineteen  hundred  and 
forty-two.  Approved  May  9,  1941- 


1186  Resolves,  1941.  — Chaps.  18,  19,  20. 


Chap.  18  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  RELATIVE  TO  THE  DISPOSITION  OF  CERTAIN 
PROPERTY  UNDER  WILLS  IN  CERTAIN  CASES  OF  FRAUD  OR 
UNDUE  INFLUENCE  PRACTICED  ON  THE  TESTATOR. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  four  hundred  and  twenty-eight,  relative  to  the 
disposition  of  certain  property  under  wills  in  certain  cases 
of  fraud  or  undue  influence  practiced  on  the  testator,  and 
to  include  its  conclusions  and  its  recommendations,  if  any, 
in  relation  thereto,  with  drafts  of  such  legislation  as  may  be 
necessary  to  give  effect  to  the  same,  in  its  annual  report  for 
the  year  nineteen  hundred  and  forty- two. 

Approved  May  19,  194-1. 

Chap.  19  Resolve  providing  for  the  distribution  of  the  ter- 
centenary EDITION  OF  THE  GENERAL  LAWS,  INCLUDING 
THE  INDEX  THERETO,  TO  CERTAIN  MEMBERS  OF  THE  EX- 
ECUTIVE   COUNCIL   AND    OF   THE   GENERAL   COURT. 

Resolved,  That  the  state  secretary  shall,  upon  written  re- 
quest, furnish  to  any  member  of  the  present  executive  coun- 
cil and  of  the  present  general  court,  and  to  any  person  here- 
after elected  to  the  executive  council  or  the  general  court, 
one  copy  of  the  Tercentenary  Edition  of  the  General  Laws, 
together  with  the  index  thereto;  provided,  that  such  person 
has  not  received  such  edition,  and  the  index  thereto,  under 
any  other  provision  of  law  providing  for  the  distribution  of 
said  edition  and  index;  and  provided,  further,  that  this  re- 
solve shall  cease  to  be  operative  when,  in  the  opinion  of  the 
state  secretary,  the  number  of  copies  of  said  edition  and 
index  remaining  on  hand  does  not  warrant  further  distribu- 
tion as  herein  authorized.  Approved  May  20,  1941. 

Chap.  20  Resolve  providing  for  the  reimbursement  in  part  of 

THE  CITY  OF  BOSTON  BY  THE  COMMONWEALTH  FOR  EX- 
PENSES INCURRED  BY  SAID  CITY  IN  THE  OPERATION  AND 
MAINTENANCE  OF  THE  SUMNER  TUNNEL  THEREIN. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  by  the  commonwealth  from  the  Highway  Fund  to 
the  city  of  Boston  the  sum  of  two  hundred  thousand  dollars, 
to  reimburse  said  city  in  part  for  expenses  incurred  by  it  in 
the  operation  and  maintenance  of  the  vehicular  tunnel  be- 
tween Boston  proper  and  East  Boston,  known  as  the  Sumner 
tunnel,  one  half  of  said  sum  to  be  paid  as  aforesaid  on  Sep- 
tember first  in  the  current  year  and  one  half  on  July  first 
in  the  year  nineteen  hundred  and  forty-two. 

Approved  May  28,  1941. 


Resolves,  1941. —  Chaps.  21,  22,  23.  1187 


Resolve  providing  for  the  acceptance  by  the  common-  Qjidj)    21 

WEALTH  of  a  TABLET  IN  HONOR  OF  CHARLES  E.  DURYEA 
AND  THE  PLACING  OF  SUCH  TABLET  IN  THE  STATE  HOUSE 
OR  ON  THE  GROUNDS  APPURTENANT  THERETO. 

Resolved,  That  a  tablet  in  honor  of  Charles  E.  Duryea, 
so-called  "father  of  the  automobile",  proposed  to  be  pre- 
sented to  the  commonwealth  by  certain  organizations  of 
Springfield,  be  accepted  and  placed  in  some  appropriate 
location  in  the  state  house,  or  on  the  grounds  appurtenant 
thereto,  to  be  designated  by  the  art  commission  of  the  com- 
monwealth; provided,  that  said  tablet  be  approved  by  said 
commission.  Approved  June  4,  1941. 


Resolve  providing  for  the  printing  and  sale  of  the  (Jfidj)    22 

COMPLETE  REPORT  OF  A  STUDY  BY  THE  DEPARTMENT  OF 
EDUCATION  RELATIVE  TO  EDUCATIONAL  AND  EMPLOYMENT 
PROBLEMS  AFFECTING  THE  YOUTH  OF  THE  COMMONWEALTH, 
AND  RELATED  MATTERS. 

Resolved,  That  the  state  secretary  is  hereby  authorized 
and  directed  to  cause  to  be  printed  one  thousand  copies  of 
the  report  of  a  study  by  the  department  of  education,  under 
authority  of  chapter  thirty-eight  of  the  resolves  of  nineteen 
hundred  and  thirty-nine,  relative  to  educational  and  employ- 
ment problems  affecting  the  youth  of  our  commonwealth, 
and  related  matters,  printed  as  current  senate  document 
numbered  six  hundred  and  twent5\  The  state  secretary 
shall  place  said  copies  on  sale  at  such  price  per  copy, 
not  less  than  the  cost  of  printing,  binding  and  paper,  as  shall 
be  fixed  by  him,  and  for  the  purpose  of  this  resolve  may  ex- 
pend a  sum  or  sums  not  exceeding,  in  the  aggregate,  five 
hundred  and  forty-two  dollars  in  anticipation  of  an  appro- 
priation therefor.  Approved  June  20,  1941- 

Resolve  authorizing  the  conveyance  by  the  depart-  (Jfiav.  23 

MENT  OF  PUBLIC  WORKS  TO  GRACE  A.  ELLISON  OF  QUINCY 
OF  CERTAIN  LAND  OR  INTERESTS  THEREIN  LOCATED  IN 
SAID    CITY. 

Resolved,  That  the  department  of  public  works,  acting 
for  and  in  behalf  of  the  commonwealth,  may,  subject  to  the 
approval  of  the  governor  and  council,  convey  to  Grace  A. 
Ellison,  of  the  city  of  Quincy,  by  an  instrument  or  instru- 
ments approved  as  to  form  by  the  attorney  general,  all  the 
right,  title  and  interest  which  the  commonwealth  may  have 
in  such  portions  of  the  land  described  in  a  deed  of  Grace  A. 
Ellison  to  the  commonwealth  recorded  with  Norfolk  deeds 
in  book  2028,  page  326,  as  lie  outside  the  limits  of  the  exist- 
ing state  highway  in  the  vicinity  of  Dee  road  in  said  city. 

Approved  June  20,  1941. 


1188  Resolves,  1941.  — Chaps.  24,  25,  26. 


Chap.  24  Resolve  providing  for  a  study  by  an  unpaid  special 

COMMISSION  RELATIVE  TO  ABOLISHING  THE  DEFENCES  OF 
CONTRIBUTORY  NEGLIGENCE  AND  IMPUTED  NEGLIGENCE  IN 
CASES  OF  INJURY  TO  CHILDREN  UNDER  SEVEN. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  three  persons,  to  be  appointed  by  the  governor,  each  of 
whom  shall  be  a  professor  of  law  or  a  member  of  the  Massa- 
chusetts Bar,  is  hereby  established  for  the  purpose  of  mak- 
ing a  study  of  the  subject  matter  of  current  senate  document 
numbered  six  hundred  and  forty-four,  relative  to  abolishing 
the  defences  of  contributory  negligence  and  imputed  negli- 
gence in  cases  of  injury  to  children  under  seven.  The  com- 
mission shall  be  provided  with  quarters  in  the  state  house 
and  shall  report  to  the  general  court  the  results  of  its  study 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  senate  on  or 
before  the  third  Wednesday  of  December  in  the  year  nine- 
teen hundred  and  forty-two.         Approved  June  24,  1941. 

Chap.  25  Resolve  extending  the  time  for  the  payment  of  an 

ANNUITY   TO   AGNES   L.   HARRISON    OF   BOSTON. 

Resolved,  That,  subject  to  appropriation,  there  shall  be 
paid  from  the  treasury  of  the  commonwealth,  for  a  further 
period  of  five  years,  an  annuity  of  six  hundred  and  sixty 
dollars  to  Agnes  L.  Harrison  of  Boston,  whose  husband, 
John  Harrison,  was  killed  by  lightning  while  in  the  perform- 
ance of  his  duty  as  an  employee  of  the  military  department 
of  the  commonwealth.  Said  annuity  shall  be  payable  in 
monthly  installments  from  and  after  the  period  covered  by 
chapter  forty-nine  of  the  resolves  of  nineteen  hundred  and 
thirty-seven  and  shall  cease  upon  the  remarriage  of  said 
Agnes  L.  Harrison.  No  payment  shall  be  made  hereunder 
until  there  shall  have  been  filed  with  the  comptroller  an  agree- 
ment signed  by  said  Agnes  L.  Harrison  that  the  amount,  if 
any,  paid  or  to  be  paid  for  legal  services  rendered  in  connec- 
tion with  the  passage  of  this  resolve  shall  not  exceed  ten  per 
cent  of  said  sum.  Approved  June  S4,  1941- 

Chap.  26  Resolve  providing  for  an  investigation  by  the  division 

OF  METROPOLITAN  PLANNING  OF  THE  METROPOLITAN  DIS- 
TRICT commission,  OR  ITS  SUCCESSOR,  RELATIVE  TO  A 
CERTAIN  HIGHWAY  IMPROVEMENT  IN  THE  TOWNS  OF  BRAIN- 
TREE   AND   WEYMOUTH. 

Resolved,  That  the  division  of  metropolitan  planning  of 
the  metropolitan  district  commission,  or  its  successor,  is 
hereby  authorized  and  directed  to  investigate  the  advisa- 
bility and  feasibility  of  laying  out  and  constructing  a  high- 
way or  highways  in  the  towns  of  Braintree  and  Weymouth 
as  a  by-pass  of  Weymouth  Landing,  so  called.    Said  division 


Resolves,  1941.  — Chaps.  27,  28.  1189 

or  its  successor  shall  make  the  prelmiinary  plans  and  esti- 
mates necessary  to  determine  said  advisability  and  feasibility 
and  shall  report  the  results  of  its  investigation  and  its  rec- 
ommendations, if  any,  together  with  drafts  of  legislation  to 
carry  its  recommendations  into  effect,  by  fihng  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  year  nineteen  hun- 
dred and  forty-two.  Approved  June  24,  1941- 


Resolve  providing  for  an  investigation  by  the  ad-  Chap.  27 

VISORY  BOARD  OF  THE  DEPARTMENT  OF  AGRICULTURE  RELA- 
TIVE TO  THE  POSSIBILITIES  OF  LIVESTOCK  DIVERSIFICATION 
IN   THE   COMMONWEALTH. 

Resolved,  That  the  advisory  board  of  the  department  of 
agriculture  is  hereby  authorized  and  directed  to  investigate 
the  subject  of  livestock  diversification  with  a  view  to  the 
further  development  of  the  potential  agricultural  resources 
of  the  commonwealth. 

Said  advisory  board  shall  report  to  the  general  court  the 
results  of  its  investigation  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  June  24,  1941- 

Resolve  providing  for  an  investigation  by  the  divi-  Chap.  28 

SION  OF  metropolitan  PLANNING  OF  THE  METROPOLITAN 
DISTRICT  COMMISSION,  OR  ITS  SUCCESSOR,  RELATIVE  TO  THE 
ADVISABILITY  OF  PROVIDING  ADDITIONAL  RAPID  TRANSIT 
FACILITIES  FOR  EAST  BOSTON,  CHELSEA,  WINTHROP,  REVERfe 
AND    OTHER    CONNECTING    COMMUNITIES. 

Resolved,  That  the  division  of  metropolitan  planning  of 
the  metropolitan  district  commission,  or  its  successor,  is 
hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  current  house  documents  numbered  two  hundred 
and  ninety-eight  and  thirteen  hundred  and  fourteen,  rela- 
tive to  providing  additional  rapid  transit  faciUties  for  East 
Boston,  Chelsea,  Winthrop,  Revere  and  other  connecting 
communities.  Said  division,  or  its  successor,  shall  report  to 
the  general  court  the  results  of  its  investigation,  includ- 
ing estimates  of  cost  and  also  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  year  nineteen  hundred  and 
forty-two.  Approved  July  3,  1941. 


1190  Resolves,  1941.  — Chaps.  29,  30,  31. 


Chap.  29  Resolve  providinc  for  an  investigation  by  the  metro- 
politan DISTRICT  COMMISSION  RELATIVE  TO  HIGHWAY 
TRAFFIC  THROUGH  THE  DORCHESTER  DISTRICT  OF  BOSTON 
TO    POINTS    SOUTH. 

Resolved,  That  the  metropoHtan  district  commission  is 
hereby  authorized  to  investigate  the  need,  feasibihty  and 
probable  cost  of  a  radial  highway  from  a  point  at  or  near  the 
South  Station  in  Boston  south  to  a  point  at  or  near  Pierce 
square  in  Milton  or  the  Neponset  bridge  in  Quincy,  and 
also  to  consider  the  use  of  such  radial  highway  for  pleasure 
traffic  or  commercial  traffic,  or  both  such  purposes,  and  the 
need  thereof  for  the  cities  and  towns  south  of  Boston  and 
those  on  Cape  Cod.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation,  including  esti- 
mates of  cost  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  said  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday 
of  December  in  the  year  nineteen  hundred  and  forty-two. 

Approved  July  3,  1941. 

Chap.  30  Resolve  providing  for  an  investigation  by  the  divi- 
sion OF  METROPOLITAN  PLANNING  RELATIVE  TO  THE 
ADVISABILITY  AND  FEASIBILITY  OF  LAYING  OUT  AND  CON- 
STRUCTING A  BRIDGE  OVER  THE  MY'STIC  RIVER  BETWEEN 
THE    CITIES    OF    BOSTON    AND    CHELSEA. 

Resolved,  That  the  division  of  metropolitan  planning  is 
hereby  authorized  and  directed  to  investigate  the  advisa- 
bility and  feasibility  of  the  laying  out  and  construction  of 
a  bridge  over  the  Mystic  river  from  a  point  at  or  near  City 
square  in  the  Charlestown  district  of  the  city  of  Boston  to 
a  point  at  or  near  Chelsea  square  in  the  city  of  Chelsea. 
Said  division  shall  report  to  the  general  court  the  results  of 
its  investigation  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  to  carry  such  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  senate 
on  or  before  July  fifteenth  in  the  current  year. 

Approved  July  3,  1941. 

Chap.   31  Resolve  in  aid  of  the  grand  army'  of  the  republic, 

DEPARTMENT   OF   MASSACHUSETTS. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  treasury  of  the  commonwealth  a  sum  not 
exceeding  sixteen  hundred  dollars  in  each  of  the  years  nine- 
teen hundred  and  forty-one  and  nineteen  hundred  and  forty- 
two,  in  addition  to  any  amount  heretofore  appropriated 
for  the  same  purpose,  to  aid  in  defraying  the  expenses  of 
the  Grand  Army  of  the  Republic,  Department  of  Massachu- 
setts; and  any  unexpended  balance  of  said  sum  remaining 
at  the  end  of  either  of  said  years  may  be  used  in  the  succeed- 


Resolves,  1941.  — Chaps.  32,  33,  34.  1191 

ing  year.  Payments  for  such  aid  shall  be  made  upon  the 
presentation  to  the  comptroller  of  vouchers  therefor,  ap- 
proved by  the  assistant  adjutant  general  and  the  commander 
of  said  department.  Approved  July  9,  1941. 

Resolve  providing  for  a  proper  representation  of  (JJiqjj  32 
the  commonwealth  at  the  national  convention  of 
the  army  and  navy  legion  of  valor  of  the  united 
states  in  the  year  nineteen  hundred  and  forty- 
two  in  the  event  that  the  same  is  held  in  the  city 
of  boston. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  The  Army  and  Navy  Legion  of  Valor  of  the  United 
States  in  the  year  nineteen  hundred  and  forty-two,  if  held 
in  thfe  city  of  Boston  as  anticipated,  and  in  such  case  to  en- 
sure, in  arranging  entertainments  and  other  events  in  con- 
nection therewith,  after  an  appropriation  has  been  made  and 
if  such  convention  is  to  be  held  in  said  city  as  aforesaid, 
there  may  be  expended,  with  the  approval  and  under  the 
direction  of  the  governor  and  council,  a  sum  not  exceeding 
one  thousand  dollars.  Approved  July  9,  1941- 

Resolve  providing  for  an  investigation  by  the  mas-  Qhny    33 

SACHUSETTS  DEVELOPMENT  AND  INDUSTRIAL  COMMISSION 
relative  TO  ENCOURAGING  EMPLOYERS  TO  ESTABLISH 
THEIR  PLACES  OF  BUSINESS  IN  THE  TOWN  OF  MILLVILLE, 
AND   RELATED    MATTERS. 

Resolved,  That  the  Massachusetts  Development  and  In- 
dustrial Commission  is  hereby  authorized  and  directed  to 
make  an  investigation  relative  to  the  subject  matter  of  cur- 
rent house  document  numbered  thirteen  hundred  and  twenty- 
four,  relative  to  relieving  the  commonwealth  of  certain 
financial  burdens  in  connection  with  the  town  of  Millville 
and  assisting  the  property  owners  of  said  town  by  encourag- 
ing employers  to  establish  their  places  of  business  in  said 
town,  and  related  matters.  The  commission  shall  report 
to  the  general  court  the  results  of  its  investigation  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  senate  on  or  before  the 
first  Wednesday  of  December  in  the  year  nineteen  hundred 
and  forty-two.  Approved  July  9,  1941. 

Resolve  in  favor  of  the  widow  of  the  late  hiram  n.  (JIkxt)    34 
dearborn. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
the  widow  of  the  late  Hiram  N.  Dearborn,  who  died  while  a 
member  of  the  present  house  of  representatives,  the  balance 


1192  Resolves,  1941.  — Chaps.  35,  36. 

of  the  salary  to  which  he  would  have  been  entitled  for  the 
current  session  had  he  lived  and  served  until  the  end  of  said 
session.  Said  sum  shall  be  paid  from  the  amount  appro- 
priated by  item  0101-03  of  the  general  appropriation  act 
of  the  current  year.  Approved  July  9,  1941- 

Chav    35  Resolve  providing  for  a  survey,  plans,  estimates  and 
specifications  relative  to  the  construction  of  dikes 

AND  PUMPING  equipment  ON  THE  NORTH  ANDOVER  SIDE  OF 
THE  SHAWSHEEN  RIVER  AND  THE  STRAIGHTENING  OF  THE 
CHANNEL    OF   SAID    RIVER. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  a  survey,  with  detail  plans, 
estimates  of  cost  and  specifications,  to  provide  for  the  con- 
struction of  a  dike  or  dikes  and  necessary  pumping  equip- 
ment on  the  North  Andover  side  of  the  Shawsheen  river  in 
the  town  of  North  Andover  and  for  the  straightening  of  the 
existing  channel  of  said  river.  Said  department  shall  sub- 
mit to  the  general  court  a  report  of  its  survey  hereunder, 
with  its  recommendations,  if  any,  and  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  senate  as  soon  as  may 
be.  Approved  July  10,  19J^1. 

Chav.  36  Resolve    providing    for   an    investigation   and    study 

BY  A  SPECIAL  COMMISSION  RELATIVE  TO  THE  CIVIL  SERV- 
ICE LAWS  AND  RULES  AND  REGULATIONS  OF  THE  COMMON- 
WEALTH. 

Resolved,  That  a  special  unpaid  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  and  three  persons  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  civil 
service  laws  of  the  commonwealth  and  the  rules  and  regu- 
lations made  thereunder,  with  a  view  to  making  such  changes 
and  additions  thereto  as  may  be  necessary  for  the  best 
interests  of  the  public.  In  making  its  investigation  and 
study  hereunder,  said  commission  shall  consider  the  subject 
matter  of  current  house  documents  numbered  twenty-three, 
twenty-five,  six  hundred  and  seventy-seven,  nine  hundred 
and  ninety-five,  thirteen  hundred  and  fifty-eight  and  nine- 
teen hundred  and  forty-five.  The  commission  shall  be  pro- 
vided with  quarters  in  the  state  house  or  elsewhere,  and  may 
expend,  with  the  approval  of  the  governor  and  council,  for 
clerical  and  other  services  and  expenses  such  sums,  not 
exceeding,  in  the  aggregate,  twenty-five  hundred  dollars,  as 
may  hereafter  be  approjjriated  therefor.  Said  special  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  said  recom- 


Resolves,  1941.  — Chaps.  37,  38.  1193 

mendatioiis  into  effect,  by  filing  the  same  witli  the  clerk 
of  the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December  in  the  year  nineteen  hundred  and  forty- 
two.  Approved  July  10,  1941. 

Resolve  providing  for  a  study  and  investigation  by  nhn^    on 

THE    DEPARTMENT    OF    PUBLIC    HEALTH    RELATIVE    TO    THE  "* 

ERADICATION   AND    CONTROL   OF   RAGWEED. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  and  directed  to  make  a  study  and  investigation 
relative  to  the  eradication  and  control  of  ragweed,  so  called. 
Said  department  shall,  in  the  course  of  its  study  and  investi- 
gation, confer  and  co-operate  with  such  agencies  of  the 
commonwealth  or  any  political  subdivision  thereof,  and  with 
such  civic  and  other  associations  or  organizations,  as  may  be 
engaged  in  making  a  study  and  investigation  of  the  said 
elimination  of  ragweed.  It  shall  report  to  the  general  court 
the  result  of  its  investigations  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  cany 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  year  nineteen  hundred  and 
forty-two.  Approved  July  10,  1941. 


Resolve  providing  for  an  investigation  by  the  judicial  Qhav    38 

COUNCIL  relative  TO  CERTAIN  ACTIONS  FOR  LIBEL  AND 
slander  and  RELATIVE  TO  THE  ENTIRE  SUBJECT  MATTER 
OF   LIBEL. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  senate  document  num- 
bered one  hundred  and  ninety-two,  relative  to  protecting 
persons  making  certain  reports  of  writs,  orders  and  plead- 
ings against  criminal  responsibility  for  libel,  of  current  sen- 
ate document  numbered  one  hundred  and  ninety-three,  rela- 
tive to  actions  for  libel  and  slander,  and  of  current  house 
document  numbered  three  hundred  and  seven  relative  to 
making  the  writers  of  pubhshed  libelous  statements  civilly 
and  criminally  Hable  therefor,  and  in  general  to  investigate 
the  entire  subject  matter  of  libel  in  order  to  ascertain  what 
changes  in,  or  additions  to,  the  laws  of  the  commonwealth 
relative  to  libel  are  advisable,  and  to  include  its  conclusions 
and  recommendations,  if  any,  in  relation  thereto,  with  drafts 
of  such  legislation  as  may  be  necessary  to  give  effect  to  the 
same,  in  its  annual  report  for  the  year  nineteen  hundred  and 
forty-two.  Approved  July  10,  1941. 


1194  Resolves,  1941.  —  Chaps.  39,  40,  41. 


Chav    39  Resolve  providing  for  the  procuring  and  placing  in 

THE  STATE  HOUSE  OF  A  SUITABLE  TABLET  OR  MEMORIAL 
COMMEMORATING  THE  SERVICES  OF  THE  MASSACHUSETTS 
STATE  GUARD  BETWEEN  APRIL  FIFTH,  NINETEEN  HUNDRED 
AND  SEVENTEEN  AND  DECEMBER  TWENTY-FIRST,  NINETEEN 
HUNDRED   AND   NINETEEN. 

Resolved,  That  the  art  commission  for  the  commonwealth 
is  hereby  authorized  to  procure  and  place  in  tne  state  house, 
a  suitable  tablet  or  memorial  commemorating  the  services 
rendered  to  the  commonwealth  by  the  Massachusetts  State 
Guard  during  its  term  of  service  from  April  fifth,  nineteen 
hundred  and  seventeen  to  December  twenty-first,  nineteen 
hundred  and  nineteen.  For  said  purpose,  said  commission 
may  expend  such  sum  as  may  hereafter  be  appropriated 
therefor.  Approved  July  14,  1941. 

Chav  40  I^ESOLVE  providing  for  a  STUDY  BY  AN  UNPAID  SPECIAL 
COMMISSION  RELATIVE  TO  CHANGING  THE  METHOD  OF 
ASSESSING  DAMAGES  IN  ACTIONS  FOR  DEATH  AND  RAISING 
THE    MINIMUM    AMOUNT    RECOVERABLE    IN    SUCH    ACTIONS. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  five  persons  to  be  appointed  by  the  governor,  is  hereby 
established  for  the  purpose  of  making  a  study  of  the  sub- 
ject matter  of  current  house  document  numbered  twenty- 
three  hundred  and  ninety-eight,  relative  to  changing  the 
method  of  assessing  damages  in  actions  for  death  and  rais- 
ing the  minimum  amount  recoverable  in  such  actions.  The 
commission  shall  be  provided  with  quarters  in  the  state 
house  and  shall  report  to  the  general  court  the  results  of 
its  study  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the  sen- 
ate on  or  before  the  first  Wednesday  of  December  in  the 
year  nineteen  hundred  and  forty-two. 

Approved  July  15,  1941- 

ChaV'  41  R-ESOLVE  PROVIDING  CERTAIN  ADDITIONAL  ALLOWANCES  FOR 
EXPENSES    OF    CERTAIN    MASSACHUSETTS   MILITARY    UNITS. 

Resolved,  That,  for  the  purpose  of  meeting  certain  ex- 
penses of  Massachusetts  mifitary  units  which  have  been 
inducted  into  the  federal  service,  the  adjutant  general  may 
make  allowances  to  such  units  in  amounts,  not  exceeding, 
in  the  aggregate,  thirty-five  thousand  dollars,  which  sum  is 
hereby  appropriated,  subject  to  the  provisions  of  law  regu- 
lating the  disbursement  of  pubhc  funds  and  the  approval 
thereof,  for  the  current  fiscal  year,  from  the  general  fund 
or  revenue  of  the  commonwealth,  the  same  to  be  in  addi- 
tion to  any  other  amounts  heretofore  appropriated  for  allow- 
ances to  military  units  of  the  commonwealth. 

Approved  July  22,  1941. 


Resolves,  1941.  — Chaps.  42,  43.  1195 


Resolve    authorizing    the    release    by    the    common-  Qhav    42 

WEALTH  TO  THE  COUNTY  OF  WORCESTER  OF  ANY  RIGHT, 
TITLE  OR  INTEREST  THE  COMMONWEALTH  MAY  HAVE  IN 
CERTAIN   PROPERTY  LOCATED   IN  THE   CITY  OF  GARDNER. 

Resolved,  That  the  district  attorney  for  the  middle  dis- 
trict, in  the  name  and  on  behalf  of  the  commonwealth,  is 
hereby  authorized  to  release  to  the  county  of  Worcester, 
by  proper  instrument  or  instruments  and  for  a  nominal  con- 
sideration, all  the  right,  title  and  interest  the  commonwealth 
may  have  in  a  certain  parcel  of  land  located  in  the  city  of 
Gardner  and  seized  by  Martin  E.  S.  Anderholm,  a  deputy 
sheriff  of  said  county  of  Worcester,  by  virtue  of  an  execution 
which  issued  on  a  judgment  in  favor  of  the  commonwealth 
against  Vincenzo  D'Arcangelo  recovered  in  the  superior 
court  for  said  county  on  February  tenth,  nineteen  hun- 
dred and  thirty-eight,  and  sold  and  conveyed  by  said  deputy 
sheriff  on  July  eighth,  nineteen  hundred  and  thirty-eight,  to 
the  commonwealth  by  his  deed  recorded  in  the  registry  of 
deeds  for  the  Worcester  district,  Book  2726,  Page  331. 

Approved  July  22,  1941. 


Resolve  reviving  and  continuing  the  special  commis-  (Jfidj)    43 

SION   TO   INVESTIGATE   RELATIVE    TO    RAILROAD    TRANSPOR- 
TATION    FACILITIES   WITHIN    THE    COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  sixty-four  of  the  resolves  of  nineteen  hundred 
and  thirty-nine,  is  hereby  revived  and  continued  for  the 
purpose  of  continuing  its  investigation  relative  to  transpor- 
tation facilities  within  the  commonwealth.  Said  commis- 
sion, shall,  in  the  course  of  its  investigation,  confer  and  co- 
operate with  such  agencies  of  the  commonwealth  or  any 
political  subdivision  thereof,  and  with  such  civic  and  other 
associations  or  organizations,  as  may  be  engaged  in  making 
an  investigation  and  study  of  said  railroad  facilities,  for  the 
purpose  of  co-ordinating  the  activities  of  said  agencies,  asso- 
ciations and  organizations  in  carrying  out  said  investiga- 
tions and  studies.  Said  commission  may  call  upon  the  de- 
partment of  public  utilities  and  other  departments,  boards, 
commissions  and  officers  of  the  commonwealth  for  such  in- 
formation as  it  may  desire  in  the  course  of  its  investigation. 
Said  commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  shall  hold  public  hearings,  shall  have 
the  power  to  summon  witnesses  and  to  require  the  produc- 
tion of  books,  records,  contracts  and  papers  and  the  giving 
of  testimony  under  oath,  and  may  expend  for  expert  clerical 
and  other  services  and  expenses  such  sums,  not  exceeding, 
in  the  aggregate,  ten  thousand  dollars,  as  may  hereafter  be 
appropriated  therefor.  Said  commission  shall  make  a  sup- 
plementary report  to  the  general  court  of  the  results  of  its 
investigation  and  its  recommendations,  if  any,  together  with 


1196  Resolves,  1941.  — Chaps.  44,  45. 

drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  as  soon  as  may  be,  but  in  any  case  not  later 
than  December  first,  nineteen  hundred  and  forty-two. 

Said  commission  shall,  at  the  time  of  filing  its  supple- 
mentary report  with  the  clerk  of  the  house  of  representa- 
tives as  aforesaid,  file  a  copy  thereof  with  the  governor. 

Approved  July  22,  1941. 


Chap.  44  Resolve  providing  for  an  investigation  by  the  de- 
partment OF  CONSERVATION  RELATIVE  TO  THE  ACQUI- 
SITION BY  THE  COMMONWEALTH  OP  LAND  NEAR  TRAPP 
POND  IN  THE  TOWNS  OF  EDGARTOWN  AND  OAK  BLUFFS  FOR 
PUBLIC   BEACH   PURPOSES. 

Resolved,  That  the  department  of  conservation  is  hereby 
authorized  and  directed  to  investigate  the  subject  matter 
of  current  house  document  numbered  six  hundred  and  eighty- 
six,  relative  to  the  acquisition  by  the  commonwealth  of  land 
near  Trapp  Pond  in  the  towns  of  Edgartown  and  Oak  Bluffs 
for  public  beach  purposes.  Said  department  shall  report  to 
the  general  court  the  results  of  its  investigation,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by  fil- 
ing the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  December  in  the  year 
nineteen  hundred  and  forty-two. 

Approved  July  22,  1941. 


Chap.  45  Resolve  providing  for  an  investigation  by  the  met- 
ropolitan DISTRICT  WATER  SUPPLY  COMMISSION  RELA- 
TIVE TO  THE  USE  BY  ADDITIONAL  MUNICIPALITIES  OF  THE 
QUABBIN  RESERVOIR  FOR  WATER  SUPPLY  PURPOSES,  AND 
RELATIVE  TO  THE  RELATION  OF  THE  CITY  OF  BOSTON  TO 
AND  ITS  SHARE  OF  THE  EXPENSES  OF  THE  METROPOLITAN 
DISTRICT   COMMISSION. 

Resolved,  That  the  metropolitan  district  water  supply 
commission  is  hereby  authorized  and  directed  to  make  an 
investigation  of  the  subject  matter  of  so  much  of  the  gov- 
ernor's address,  printed  as  current  senate  document  num- 
bered one,  as  relates  to  the  use  by  additional  municipalities 
of  the  Quabbin  reservoir  for  water  supply  purposes,  and  so 
much  thereof  as  relates  to  the  relation  of  the  city  of  Boston 
to  and  its  share  of  the  expenses  of  the  metropolitan  district 
commission.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  year  nineteen  hun- 
dred and  forty-two.  Approved  July  23,  1941. 


Resolves,  1941. —  Chaps.  46,  47,  48.  1197 


Resolve    in    favor    of    katherine    m.    spaulding    of  Qfidj)^  4g 

HAVERHILL. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  in  the  premises,  and  after 
an  appropriation  has  been  made  therefor,  there  be  allowed 
and  paid  out  of  the  state  treasury  the  sum  of  eleven  hun- 
dred dollars  to  Katherine  Marion  Spaulding  of  Haverhill, 
who  suffered  ill  health  over  a  period  extending  from  nineteen 
hundred  and  thirty-three  to  nineteen  hundred  and  thirty- 
nine,  as  the  result  of  negligence  on  the  part  of  certain  au- 
thorities at  the  Lakeville  state  sanatorium  in  connection 
with  an  operation  performed  on  her  at  said  sanatorium  in 
nineteen  hundred  and  thirty-three.  No  payment  shall  be 
made  hereunder  until  there  shall  have  been  filed  with  the 
state  comptroller  an  agreement,  signed  by  said  Katherine 
Marion  Spaulding,  that  the  amount,  if  any,  paid  or  to  be 
paid  for  legal  services  rendered  in  connection  with  the  pas- 
sage of  this  resolve  shall  not  exceed  ten  per  cent  of  the  sum 
paid  hereunder.  Approved  July  23,  19/f.l. 

Resolve  relieving  the  commissioner  of  insurance  from  Chav.  47 

ACCOUNTING  TO  THE  COMMONWEALTH  FOR' A  CERTAIN  SUM 
OF   MONEY. 

Resolved,  That  the  commissioner  of  insurance,  or  his  au- 
thorized agent,  is  hereby  relieved  from  accounting  to  the 
state  treasurer  for  the  sum  of  one  hundred  and  twenty-five 
dollars,  the  same  being  the  amount  of  license  fees  stolen  in 
the  course  of  a  burglary  from  the  safe  at  the  division  of  in- 
surance during  the  night  of  February  twenty-eighth,  nine- 
teen hundred  and  forty,  which  amount  appeared  in  his  cash 
account  of  said  date  and  in  his  account  with  the  common- 
wealth on  November  thirtieth,  nineteen  hundred  and  forty, 
all  as  set  forth  in  the  report  of  the  state  auditor  on  August 
twenty-third,  nineteen  hundred  and  forty,  on  his  examina- 
tion of  the  accounts  of  the  division  of  insurance  as  of  April 
first,  nineteen  hundred  and  forty. 

Approved  July  24,  19/f.l. 

Resolve   establishing   a   special   commission   for   the  Chap.  48 

PURPOSE  of  making  AN  INVESTIGATION  AND  STUDY  OF 
THE  CRIMINAL  LAWS  OF  THE  COMMONWEALTH  AND  OF 
DRAFTING  A   PENAL   CODE. 

Resolved,  That  a  special  unpaid  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  three  persons  to  be 
appointed  by  the  governor,  and  the  attorney  general  or  one 
of  his  assistants  to  be  designated  by  him,  is  hereby  estab- 
lished for  the  purpose  of  making  an  investigation  and  study 
of  the  criminal  laws  of  the  commonwealth  and  of  drafting 


1198  Resolves,  1941. —  Chap.  49. 

a  penal  code  more  in  harmony  with  modern  conceptions  of 
crime,  punishment  and  correction.  In  making  its  investi- 
gation and  study  hereunder,  said  commission  shall  consider 
the  subject  matter  of  current  senate  document  numbered 
six  hundred  and  fifty-four,  relative  to  the  defence  of  rela- 
tionship in  prosecutions  as  an  accessory  after  the  fact,  of 
current  house  document  numbered  eleven  hundred  and 
eight,  relative  to  the  punishment  for  robbery  while  armed 
with  a  dangerous  weapon,  of  current  house  document  num- 
bered eleven  hundred  and  nine,  relative  to  the  punishment 
for  breaking  in  the  night  time  a  building,  ship  or  vessel  with 
intent  to  commit  a  felony,  of  current  house  document  num- 
bered eleven  hundred  and  ten,  relative  to  the  buying,  re- 
ceiving or  aiding  in  the  concealment  of  stolen  or  embezzled 
property,  and  of  current  house  document  numbered  seven- 
teen hundred  and  forty-four,  relative  to  investing  the  courts 
with  discretionary  power  to  sentence  persons  convicted  of 
felony  for  a  third  time  to  the  state  prison,  a  house  of  cor- 
rection or  the  state  farm.  Said  commission  may  hold  hear- 
ings, shall  be  provided  with  quarters  in  the  state  house  or 
elsewhere,  and  may  expend  for  clerical  and  other  assistance 
and  expenses  such  sums,  not  exceeding,  in  the  aggregate, 
five  hundred  dollars,  as  may  hereafter  be  appropriated  there- 
for. Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  the  penal  code 
drafted  by  it,  by  filing  the  same  with  the  clerk  of  the  house 
of  representatives  on  or  before  March  fifteenth  in  the  year 
nineteen  hundred  and  forty-three. 

Approved  July  29,  1941. 

Chap.  49  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION     relative     TO     THE     ESTABLISHMENT     OF     AN 

administrative  court. 

Resolved,  That  a  special  unpaid  commission,  consisting 
of  five  persons  to  be  appointed  by  the  governor,  is  hereby 
established  for  the  purpose  of  making  an  investigation  of  the 
subject  matter  of  current  house  document  numbered  eleven 
hundred  and  seven,  relative  to  the  establishment  of  an  ad- 
ministrative court  in  this  commonwealth.  Said  commission 
may  expend  for  expenses  and  clerical  and  other  assistance 
such  sums,  not  exceeding,  in  the  aggregate,  five  hundred 
dollars,  as  may  hereafter  be  appropriated.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  year  nineteen  hundred  and  forty-two. 

Approved  July  29,  1941. 


Resolves,  1941. —  Chaps.  50,  51,  52.  1199 


Resolve  providing  for  a  further  investigation  and  (Jjid^    50 

STUDY  BY  THE  COMMISSIONER  OF  EDUCATION  AND  THE 
CHAIRMAN  OF  THE  STATE  PLANNING  BOARD  OF  PROBLEMS 
CONNECTED  WITH  THE  STIMULATION  OF  HANDICRAFTS 
THROUGHOUT   THE    COMMONWEALTH. 

Resolved,  That  the  commissioner  of  education  and  the 
chairman  of  the  state  planning  board  are  hereby  author- 
ized and  directed  to  continue  the  investigation  and  study 
of  problems  connected  with  the  stimulation  of  handicrafts 
throughout  the  commonwealth,  provided  for  by  chapter 
thirteen  of  the  resolves  of  the  current  year.  Said  commis- 
sioner and  chairman  shall  report  to  the  general  court  the 
results  of  their  further  investigation  and  study  hereunder, 
and  their  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Decem- 
ber in  the  year  nineteen  hundred  and  forty-two. 

Approved  July  29,  1941. 

Resolve    providing    for    certain    improvements    and  Chap.  51 

REPAIRS  OF  THE  HOUSE  CHAMBER  AND  LOBBY  AND  ADJOIN- 
ING ROOMS  IN  THE  STATE  HOUSE. 

Resolved,  Subject  to  appropriation,  there  may  be  expended 
under  the  direction  of  the  committee  on  rules  of  the  house 
of  representatives,  with  the  approval  of  the  art  commission, 
such  sums,  not  exceeding,  in  the  aggregate,  fifteen  thousand 
dollars,  as  said  committee  may  deem  necessary,  for  the 
purpose  of  painting,  repairing  and  improving  the  house 
chamber  in  the  state  house  and  such  parts  of  the  house 
lobby  and  adjoining  rooms  as  it  may  deem  advisable,  in- 
cluding replacement  of  equipment.  Said  committee  on 
rules,  with  like  approval,  may  accept  and  install  in  said 
house  chamber  such  murals,  if  any,  as  may  be  donated  for 
the  purpose.  Approved  July  29,  1941. 

Resolve  in  favor  of  the  town  of  dudley.  Chap.  '52 

Resolved,  That,  in  order  that  the  taxpayers  of  the  town 
of  Dudley  may  not  be  required  to  bear  in  full  the  expenses 
incurred  by  said  town  for  certain  old  age  assistance  and 
for  aid  to  dependent  children  for  the  years  ending  March 
thirty-first  and  June  thirtieth,  nineteen  hundred  and  forty, 
respectively,  there  shall  be  allowed  and  paid  to  said  town 
out  of  the  state  treasury,  subject  to  appropriation,  the  sum 
of  five  hundred  dollars,  which  amount  said  town  would  have 
received  in  the  year  nineteen  hundred  and  forty  on  account 
of  both  such  classes  of  expenses  except  for  the  failure  of  the 
officials  of  said  town  to  make  a  proper  and  seasonable  appli- 
cation to  the  commonwealth  therefor. 

Approved  July  29,  1941. 


1200  Resolves,  1941.  — Chaps.  53,  54. 


Chap.  53  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  RELATIVE  TO  REQUIRING  THE  FILING  IN  THE 
PROPER  REGISTRIES  OF  DEEDS  OF  STATEMENTS  BY  EXECU- 
TORS AND  ADMINISTRATORS  AS  TO  REAL  PROPERTY  OWNED 
AT  DEATH  BY  THEIR  TESTATORS  AND  INTESTATES  AND  BY 
GUARDIANS  AND  CONSERVATORS  AS  TO  REAL  PROPERTY 
OWNED  AT  THE  TIME  OF  THEIR  APPOINTMENT  BY  THEIR 
WARDS. 

Resolved,  That  the  judicial  council  is  hereby  requested  to 
consider  the  subject  matter  of  current  house  document  num- 
bered twentj^-seven  hundred  and  fourteen,  relative  to  requir- 
ing the  filing  in  the  proper  registries  of  deeds  of  statements 
by  executors  and  administrators  as  to  real  property  owned 
at  death  by  their  testators  and  intestates  and  by  guardians 
and  conservators  as  to  real  property  owned  at  the  time  of 
their  appointment  by  their  wards,  and  to  include  its  rec- 
ommendations in  relation  to  such  subject  matter,  if  any, 
together  with  drafts  of  such  legislation  as  may  be  necessary 
to  give  effect  to  the  same,  in  its  annual  report  for  the  year 
nineteen  hundred  and  forty-two. 

Approved  July  29,  1941. 

Chap.  54  Resolve  providing  for  an  investigation  by  the  com- 
mission ON  interstate  co-operation  relative  to  the 
interstate  transportation  of  property  by  motor 
vehicle  in  this  commonwealth. 

Resolved,  That  the  commission  on  interstate  co-operation 
is  hereby  authorized  and  directed  to  make  an  investigation 
relative  to  the  transportation  of  property  by  motor  vehicle 
over  the  ways  of  the  commonwealth  by  carriers  engaged  in 
interstate  commerce,  with  a  view  to  determining  the  advisa- 
bility of  providing  further  for  the  regulation  by  the  com- 
monwealth of  such  transportation.  Said  commission  shall 
consider  particularly  the  protection  of  the  ways  of  the  com- 
monwealth against  improper  or  destructive  use,  the  cost  of  the 
upkeep  of  said  ways,  the  unnecessary  burdening  of  said  ways 
by  trucks  engaged  in  interstate  transportation  of  property 
for  hire,  the  disadvantageous  position  of  railroads  and  car- 
riers by  water  in  competing  with  such  trucks,  the  matter  of 
making  the  laws  of  the  commonwealth  consistent  with  federal 
statutes,  and  the  effect  upon  the  commonwealth  of  the  pres- 
ent competition  between  said  trucks  and  said  railroads  and 
common  carriers  by  water. 

Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  its 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  year  nineteen  hundred  and 
forty-two.  Approved  July  29,  1941. 


Resolves,  1941.  — Chaps.  55,  56,  57.  1201 


Resolve  in  favor  of  donald  ellershaw  of  westfield.    Chav    55 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  there  be  allowed  and  paid 
out  of  item  1004-12  of  the  general  appropriation  act  of  the 
current  year  to  Donald  Ellershaw  of  Westfield,  the  sum  of 
three  hundred  and  fifty-two  dollars,  to  reimburse  him  for 
expenses  of  hospital  and  medical  care  necessarily  incurred 
by  him  on  account  of  injuries  sustained  on  April  eleventh, 
nineteen  hundred  and  forty-one,  while  in  the  performance 
of  his  duties  as  an  employee  of  the  division  of  fisheries  and 
game  in  the  department  of  conservation.  No  payment  shall 
be  made  hereunder  until  there  shall  have  been  filed  with  the 
comptroller  an  agreement  signed  by  said  Donald  Ellershaw 
that  the  amount,  if  any,  paid  or  to  be  paid  for  legal  services 
rendered  in  connection  with  the  passage  of  this  resolve  shall 
not  exceed  ten  per  cent  of  the  sum  paid  hereunder. 

Approved  July  SO,  1941. 

Resolve  providing  for  a  study  by  a  special  commission  Chap.  56 

RELATIVE   TO    THE   DISTRIBUTION    OF    FEDERAL   FUNDS    FOR 
THE   BENEFIT   OF   AGRICULTURE. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  one  member  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  the  advisory- 
board  of  the  department  of  agriculture,  is  hereby  estab- 
lished for  the  purpose  of  making  a  study  relative  to  the  dis- 
tribution of  federal  funds  for  the  benefit  of  agriculture, 
particularly  as  affecting  persons  engaged  in  farming  within 
the  commonwealth,  with  a  view  to  cooperating  with  federal 
officials  and  effecting  a  more  equitable  distribution  of  such 
funds  to  persons  engaged  in  farming  as  aforesaid.  Said  com- 
mission may,  for  carrying  out  the  aforesaid  purposes,  ex- 
pend such  sum,  not  exceeding  three  hundred  dollars,  as  may 
hereafter  be  appropriated  therefor.  It  shall  report  to  the 
general  court  its  findings,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  December 
first,  nineteen  hundred  and  forty-two. 

Approved  July  31,  1941. 

Resolve  providing  for  an  investigation  by  the  boston  Chap.  57 

PORT    AUTHORITY    RELATIVE    TO    SHIPPING    BUSINESS    AND 
WHARFAGE    CHARGES    AT    THE    PORT    OF   BOSTON. 

Resolved,  That  the  Boston  Port  Authority  is  hereby  re- 
quested to  make  an  investigation,  as  proposed  by  current 
house  document  numbered  four  hundred  and  seventy-four, 
as  to  the  causes  for  the  withdrawal  of  shipping  business  from 
the  Port  of  Boston,  and  also  to  investigate  the  subject  mat- 


1202 


Resolves,  1941.  —  Chaps.  58,  59. 


ter  of  current  house  document  numbered  two  thousand  and 
sixteen,  relative  to  wharfage  charges  at  said  port,  and  to 
report  to  the  general  court  the  results  of  its  investigation 
and  its  recommendations,  if  any,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  as  soon  as  may  be,  but 
not  later  than  the  first  Wednesdaj^  of  December  in  the  year 
nineteen  hundred  and  forty-two. 

Approved  July  31,  1941- 

Chap.  58    Resolve  in  favor  of  william  j.  groves  op  Gloucester 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  and  of  promoting  the  public 
good,  and  after  an  appropriation  has  been  made  therefor, 
there  be  allowed  and  paid  out  of  the  state  treasury,  in 
monthly  instalments  from  November  first,  nineteen  hundred 
and  forty-one,  the  sum  of  twelve  hundred  dollars  per  year, 
for  a  period  of  five  years,  to  William  J.  Groves  of  Gloucester, 
on  account  of  injuries  sustained  by  him  while  in  the  perform- 
ance of  military  duty  with  company  M,  fifteenth  infantry, 
Massachusetts  state  guard.  Approved  July  81,  1941 . 


Chap.  59  Resolve  providing  for  payments  by  the  commonwealth 
OF  certain  sums  of  money  as  full  compensation 
for  certain  property  taken  by  the  commonwealth 
through  its  department  op  public  works. 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth,  there  be  paid  out  of  the 
appropriation  made  by  item  2923-60  of  the  general  appro- 
priation act  of  the  current  year  to  the  parties  and  in  the 
amounts  hereinafter  specified,  as  full  compensation  for  certain 
property  taken  by  eminent  domain  under  chapter  seventy- 
nine  of  the  General  Laws  by  the  commonwealth  through  its 
department  of  public  works : 

Names  of  Parties. 

Joseph  Balas  and  Josephine  Balas     . 

Angelo  Calderone  and  Rose  Calderone 

Teresa  DeFeUce      .... 

Eugene  Mullen  and  the  Estate  of  Dennis  Keresey 

Mary  A.  Reed 

William  B.  Rogers 

Dianna  Sheppard    . 

Winslow  Bros.  &  Smith  Co. 

Lucy  Olds  of  Methuen     . 

Delia  Martin  of  Boston  . 


Amounts  of 

Paymenta. 

$85  00 

360  00 

20  00 

250  00 

100  00 

1,673  00 

1,081  30 

1,010  00 

500  00 

3,190  00 

No  payment  shall  be  made  hereunder  to  any  party  en- 
titled thereto  until  such  party  shall  have  signed  and  filed  with 
the  comptroller  an  agreement  that  the  amount,  if  any,  paid 
or  to  be  paid  for  legal  services  rendered  in  connection  with 
the  passage  of  this  resolve  shall  not  exceed  ten  per  cent  of 
the  sum  so  payable  to  such  party. 

Approved  July  SI,  1941. 


Resolves,  1941.  — Chaps.  60,  61.  1203 


Resolve  providing  for  an  investigation  and  study  by  Qhav    60 

A  SPECIAL  COMMISSION  RELATIVE  TO  THE  LAWS  OF  THE 
COMMONWEALTH  RELATING  TO  ALCOHOL  AND  ALCOHOLIC 
BEVERAGES  AND  TO  COMMON  VICTUALLERS. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  president 
thereof,  five  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof  and  two  persons  to  be  ap- 
pointed by  the  governor,  is  hereby  estabhshed  for  the  pur- 
pose of  making  an  investigation  and  study  of  the  laws  of 
the  commonwealth  relating  to  the  manufacture,  transpor- 
tation, storage,  sale,  importation  and  exportation  of  alcohol 
and  alcoholic  beverages  and  relating  to  common  victuallers, 
and  of  the  administration  of  said  laws,  with  a  view  to  mak- 
ing such  changes  in  and  additions  to  the  provisions  thereof, 
and  such  changes  pertaining  to  the  administration  thereof, 
as  said  commission  may  deem  necessary  or  advisable.  In 
making  its  investigation  and  study  hereunder,  said  commis- 
sion shall  consider  the  subject  matter  of  current  senate  docu- 
ment numbered  two  hundred  and  sixty-four  and  of  current 
house  documents  numbered  eleven  hundred  and  fifty-nine, 
fourteen  hundred  and  twenty-three,  fourteen  hundred  and 
twenty-four,  sixteen  hundred  and  one,  sixteen  hundred  and 
three,  seventeen  hundred  and  seventy-nine,  seventeen  hun- 
dred and  eighty-two,  seventeen  hundred  and  eighty-three, 
seventeen  hundred  and  eighty-nine  and  twenty-six  hundred 
and  seventy-two.  The  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  and  may  expend, 
with  the  approval  of  the  governor  and  council,  for  clerical 
and  other  services  and  expenses,  such  sums,  not  exceeding, 
in  the  aggregate,  three  thousand  dollars,  as  may  hereafter 
be  appropriated  therefor.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  said  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  year  nineteen 
hundred  and  forty-two.  Approved  July  31,  19J^1. 

Resolve  in  favor  of  the  town  of  north  attleborough.  Chap.  61 

Resolved,  That,  subject  to  appropriation  and  subject  to  the 
approval  of  the  commissioner  of  public  health,  there  shall 
be  paid  from  the  state  treasury  to  the  town  of  North  Attle- 
borough the  sum  of  twenty-eight  hundred  and  thirty-two 
dollars,  as  reimbursement  to  said  town  for  money  expended 
for  the  care  and  treatment  of  Eleanor  Cronin,  a  ward  of  the 
commonwealth,  at  the  North  Reading  state  sanatorium  and 
the  Lakeville  state  sanatorium. 

Approved  August  1,  1941. 


1204  Resolves,  1941.  — Chaps.  62,  63,  64. 


Chap.  62  Resolve  relative  to  a  certain  account  of  the  board 

OF   STATE    EXAMINERS    OF   PLUMBERS    WITH    THE    COMMON- 
WEALTH. 

Resolved,  That  the  board  of  state  examiners  of  plumbers  is 
hereby  reheved  from  accounting  to  the  state  treasurer  for  the 
sum  of  forty-four  dollars,  the  same  being  the  amount  of  a 
deficit  appearing  in  its  accounts  with  the  commonwealth 
from  April  thirtieth,  nineteen  hundred  and  twenty-nine, 
until  April  sixth,  nineteen  hundred  and  thirty-seven,  as  set 
forth  in  the  report  of  the  state  auditor  on  his  examination  of 
the  accounts  of  said  board  completed  April  sixth,  nineteen 
hundred  and  thirty-seven.  Approved  August  1,  1941. 

Chap.  63  Resolve  in  favor  of  Beatrice  h.  duggan  of  Worcester. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  be  allowed  and  paid  out  of 
the  state  treasury  to  Beatrice  H.  Duggan  of  Worcester  the 
sum  of  six  thousand  dollars  on  account  of  the  death  of  her 
daughter,  Anne  C.  Duggan,  a  former  employee  of  the  Worces- 
ter state  hospital,  who  died  August  twenty-seventh,  nine- 
teen hundred  and  forty,  while  submitting,  at  the  request  of 
officials  of  said  hospital,  to  an  experiment  in  pathology  being 
conducted  thereat  by  said  officials  under  the  direction  of  the 
Rockefeller  Research  Project.  Said  payment  shall  be  in  addi- 
tion to  any  other  payment  of  compensation  to  which  said 
Beatrice  H.  Duggan  is  or  may  be  entitled  under  the  work- 
men's compensation  law  or  any  other  provision  of  law.  No 
payment  shall  be  made  hereunder  until  there  shall  have  been 
filed  with  the  comptroller  an  agreement  signed  by  said 
Beatrice  H.  Duggan  that  the  amount,  if  any,  paid  or  to  be 
paid  for  legal  services  rendered  in  connection  with  the  pas- 
sage of  this  resolve  shall  not  exceed  ten  per  cent  of  the  amount 
paid  hereunder.  Approved  August  1,  1941. 

Chap.  64  Resolve  providing  for  payments  by  the  commonwealth 
of  certain  sums  of  money  as  full  compensation  for 
certain  property  taken  by  the  commonwealth 
through  its  department  of  public  works. 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth,  there  be  paid  out  of  the 
appropriation  made  by  item  2923-60  of  the  general  appro- 
priation act  of  the  current  year  to  the  parties  and  in  the 
amounts  hereinafter  specified,  with  the  approval  of  the 
department  of  public  works,  as  full  compensation  for  certain 
property  taken  by  eminent  domain  under  chapter  seventy- 
nine  of  the  General  Laws  by  the  commonwealth  through  said 
department: 


Resolves,  1941.  —  Chap.  65. 


1205 


Names  of  Parties. 

Agnes  Doherty 
Joseph  E.  Dowding 
Estate  of  Mary  E.  Dowding 
Pearl  L.  Livingston 
William  J.  Pendergast 


Amounts  of 
Payments. 

$3,000  00 

170  00 

60  00 

170  00 

300  00 


No  payment  shall  be  made  hereunder  to  any  party  en- 
titled thereto  until  such  party  shall  have  signed  and  filed 
with  the  comptroller  an  agreement  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per  cent 
of  the  sum  so  payable  to  such  party. 

Approved  August  1,  19^1 . 


Resolve  providing  for  an  investigation  and  study  by  Chap.  65 
A  special  unpaid  commission  of  group  insurance,  so 
called,  for  public  employees. 

Resolved,  That  a  special  unpaid  commission,  consisting  of 
the  commissioner  of  insurance,  the  commissioner  of  labor 
and  industries,  the  state  treasurer,  and  two  persons  to  be 
appointed  by  the  governor,  of  whom  one  shall  be  a  county 
commissioner  and  one  an  officer  or  employee  of  a  city,  is 
hereby  established  for  the  purpose  of  making  an  investiga- 
tion and  study  of  current  senate  document  numbered  two 
hundred  and  twelve,  relative  to  group  hfe  insurance  and 
group  accident  and  health  insurance,  and  of  current  house 
document  numbered  thirteen  hundred  and  ninety-one,  rela- 
tive to  providing  group  insurance  for  members  of  duly  or- 
ganized associations  of  civil  service  employees,  and  for  the 
purpose  of  making  an  investigation  and  study  of  group 
insurance  for  public  employees  providing  for  non-profit 
hospitalization,  and  providing  for  low  cost  medical  care,  in- 
cluding the  advisability  of  legislation  providing  for  pay  roll 
deductions  on  account  of  any  and  all  kinds  of  group  insurance 
for  such  employees.  Any  of  said  members,  other  than  the 
appointive  members,  if  he  so  elects,  may  designate  an  officer 
or  employee  of  his  department  to  serve  in  his  place  on  said 
commission.  Said  commission  shall  be  provided  with  quar- 
ters in  the  state  house  or  elsewhere,  may  hold  hearings,  may 
require  by  summons  the  attendance  and  testimony  of  wit- 
nesses and  the  production  of  books  and  papers;  and  may 
expend  for  necessary  assistance  and  expenses  such  sums  not 
exceeding,  in  the  aggregate,  five  hundred  dollars,  as  may 
hereafter  be  appropriated  therefor.  The  commission  shall 
report  to  the  general  court  the  result  of  its  investigations 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  its  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  December  first,  nineteen  hundred  and 
forty-two.  Approved  August  2,  1941. 


1206  Resolves,  1941.  — Chaps.  66,  67. 


Chap.  66  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  RELATIVE  TO  THE  RETIREMENT  SYSTEMS  OF 
THE  COMMONWEALTH  AND  OF  THE  POLITICAL  SUBDIVISIONS 
THEREOF. 

Resolved,  That  a  special  unpaid  commission,  consisting  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  of  the  retirement  sys- 
tems of  the  commonwealth  and  of  the  political  subdivisions 
thereof,  with  a  view  to  co-ordinating  said  systems  and  mak- 
ing such  other  changes  in  the  laws  relative  thereto  as  may 
be  found  necessary  or  advisable.  For  such  purpose  said 
commission  may  expend,  with  the  approval  of  the  governor 
and  council,  for  expenses  and  for  expert,  actuarial,  clerical 
and  other  assistance  such  sums,  not  exceeding,  in  the  aggre- 
gate, twenty-five  hundred  dollars,  as  may  hereafter  be  appro- 
priated therefor.  Said  commission  shall  report  to  the  general 
court  its  findings,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednesday 
in  December  in  the  year  nineteen  hundred  and  forty-two. 

Approved  August  2,  194-1. 


Chap.  67  Resolve  PROVIDING  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  RELATIVE  TO  CERTAIN  PRACTICES 
IN  THE  FISH  INDUSTRY,  RELATIVE  TO  THE  TRANSPORTATION 
OF  FISH  AND  OTHER  FOOD  STUFFS  ON  SUNDAYS,  AND  RELA- 
TIVE TO  THE  RENDERING  OF  COMMON  CARRIER  SERVICE 
TO  THE  PUBLIC  AND  THE  OPERATION  AND  MAINTENANCE 
OF  TERMINAL  FACILITIES  BY  RAILROADS  AND  OTHERS  ON 
SUNDAYS. 

Resolved,  That  there  is  hereby  established  a  special  unpaid 
commission,  consisting  of  three  members  of  the  senate  to  be 
designated  by  the  president  thereof,  seven  members  of  the 
house  of  representatives  to  be  designated  by  the  speaker 
thereof,  and  five  persons  to  be  appointed  by  the  governor, 
for  the  purpose  of  making  an  investigation  and  study  of  the 
practices  carried  on  in  the  fish  industry  on  Sundays  and  at 
other  times,  with  special  reference  to  the  marketing,  distri- 
bution, unloading,  warehousing  and  processing  of  fish,  and 
of  the  transportation  on  Sundays  of  fish  and  other  food 
stuffs.  Said  commission  shall  also  make  an  investigation 
and  study  of  the  subject  matter  of  current  senate  document 
numbered  seven  hundred  and  twenty-six,  relative  to  the 
rendering  of  common  carrier  service  to  the  public  and  the 
operation  and  maintenance  of  terminal  facilities  by  rail- 
roads and  others  on  Sundays.    The  said  commission  shall  be 


Resolves,  1941.  — Chaps.  68,  69.  1207 

provided  with  quarters  in  the  state  house  or  elsewhere,  shall 
hold  such  hearings  as  it  may  deem  expedient,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses 
and  may  expend  for  clerical,  expert  and  other  expenses  such 
sums,  not  exceeding,  in  the  aggregate,  five  thousand  dollars, 
as  may  hereafter  be  appropriated.  The  commission  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  January, 
nineteen  hundred  and  forty-two. 

Approved  August  2,  1941. 

Resolve  providing  for  the  payment  from  the  state  Qfidj)    gg 

TREASURY  OF  THE  BALANCE  OF  THE  ESTATE  OF  THE  LATE 
MABEL  GILLESPIE,  WHICH  HAS  ESCHEATED  TO  THE  COMMON- 
WEALTH. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  treasury  of  the  commonwealth,  under 
the  direction  of  the  attorney  general,  to  the  heirs  at  law  or 
next  of  kin  of  the  late  Mabel  Gillespie,  who  died  in  Boston 
on  the  twenty-fourth  daj'^  of  September,  nineteen  hundred 
and  twenty-three,  or  to  their  lawful  representatives,  such 
sum,  not  exceeding  one  thousand  one  hundred  ninety- 
five  dollars  and  eighty-one  cents,  as  may  be  found  by  the 
attorney  general  to  have  been  paid  into  said  treasury,  as 
the  balance  of  the  assets  belonging  to  the  estate  of  Mabel 
Gillespie,  under  the  provisions  of  section  ten  of  chapter  one 
hundred  and  ninety-four  of  the  General  Laws,  or  corre- 
sponding provisions  of  earlier  laws,  notwithstanding  the 
expiration  of  the  time  limited  by  said  section  for  the  re- 
covery of  said  sum.  The  payment  of  said  sum  shall  be 
made  only  upon  the  filing  with  the  comptroller  of  an  agree- 
ment, signed  by  all  persons  entitled  to  payment  hereunder, 
that  the  amount,  if  any,  paid  for  legal  services  rendered  in 
connection  with  the  passage  of  this  resolve  shall  not  exceed 
ten  per  cent  of  said  sum.  Approved  August  2,  1941- 

Resolve  reviving  and  continuing  the  special  commis-  Chap.   69 
sioN  appointed  to  investigate  and  study  relative  to 
appropriating  and  budget  procedure  in  the  city  of 

boston  and  the  county  of  SUFFOLK. 

Resolved,  That  the  special  unpaid  commission  established 
by  chapter  forty-six  of  the  resolves  of  nineteen  hundred  and 
thirty-nine  is  hereby  revived  and  continued  for  the  purpose 
of  continuing  its  investigation  and  study  relative  to  appro- 
priating and  budget  procedure  in  the  city  of  Boston  and  the 
county  of  Suffolk.  Said  commission  shall  make  its  final 
report  to  the  general  court  of  the  results  of  its  investigation 
and  study  hereunder,  by  filing  the  same  with  the  clerk  of  the 


1208  Resolves,  1941.  — Chaps.  70,  71. 

house  of  representatives  on  or  before  the  first  Wednesday  of 
December  in  the  year  nineteen  hundred  and  forty-two,  and 
may  also  so  report  from  time  to  time  to  the  general  court  on 
or  before  said  date  whenever  it  deems  such  action  advisable. 
Reports  made  hereunder  shall  include  drafts  of  legislation 
necessary  to  carry  into  effect  any  recommendations  for  legis- 
lation contained  therein.  Approved  August  2,  1941. 

Chap.  70  Resolve  providing  for  an  investigation  and  study  by 

A   SPECIAL   COMMISSION   RELATIVE   TO   JUNIOR   COLLEGES, 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council,  is  hereby  established  for  the  purpose  of  making 
an  investigation  and  study  relative  to  junior  colleges,  with 
a  view  to  determining  to  what  extent,  if  any,  the  establish- 
ment and  operation  of  such  colleges  should  be  further  regu- 
lated by  the  commonwealth,  and  to  determining  whether 
such  colleges  should  have  power  to  grant  educational  de- 
grees and,  if  so,  what  limitations  and  restrictions  should  be 
imposed  on  the  granting  of  such  degrees.  For  the  purposes 
of  this  resolve,  said  commission  may  expend  such  sums,  not 
exceeding,  in  the  aggregate,  one  thousand  dollars,  as  may 
hereafter  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday  of 
December  in  the  year  nineteen  hundred  and  forty-two. 

Approved  August  2,  1941. 

Chap.   71  Resolve  providing  for  a  study  and  investigation  by 

A  SPECIAL  unpaid  COMMISSION  RELATIVE  TO  WHAT  LEGIS- 
LATION, IF  ANY,  MAY  BE  ADVISABLE  IN  ORDER  TO  REQUIRE 
THE  OWNERS  OF  TENEMENTS  AND  OTHER  DWELLINGS  LEASED 
OR  RENTED  FOR  HUMAN  HABITATION  TO  BRING  THEM  UP  TO 
CERTAIN  STANDARDS  TO  PROMOTE  THE  HEALTH  AND  WELL 
BEING  OF  PERSONS  RESIDING  THEREIN  AND  RELATIVE  TO 
LIMITED  DIVIDEND  CORPORATIONS  UNDER  THE  CONTROL  OF 
THE    STATE    HOUSING    BOARD. 

Resolved,  That  an  unpaid  special  commission  consisting  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  five  persons  to  be  ap- 
pointed by  the  governor,  the  chairman  of  the  state  planning 
board,  the  chairman  of  the  state  board  of  housing  and  the 
chief  sanitary  engineer  of  the  department  of  public  health 
is  hereby  authorized  and  directed  to  investigate  the  subject 


Resolves,  1941.  — Chaps.  72,  73.  1209 

matter  of  current  senate  document  numbered  four  hundred 
and  eighty-four,  relating  to  determining  what  legislation  is 
advisable  in  order  to  require  the  owners  of  tenements  and 
other  dwellings  leased  or  rented  for  human  habitation  to 
bring  them  up  to  certain  standards  to  promote  the  health 
and  well  being  of  persons  residing  therein,  and  of  current 
house  document  numbered  twenty-four  hundred  and  two, 
relative  to  limited  dividend  corporations  under  the  control 
of  the  state  housing  board.  Said  commission  may  require 
from  the  several  departments,  boards,  commissions  and 
officers  of  the  commonwealth  such  information  as  it  may 
desire  in  the  course  of  its  investigations. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require  by 
summons  the  attendance  and  testimony  of  witnesses  and  the 
production  of  books  and  papers;  and  may  expend  for  nec- 
essary assistance  and  expenses  such  sums,  not  exceeding, 
in  the  aggregate,  five  hundred  dollars,  as  may  hereafter  be 
appropriated  therefor.  The  commission  shall  report  to  the 
general  court  the  results  of  its  investigations  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  not  later 
than  the  first  Wednesday  of  December  in  the  year  nineteen 
hundred  and  forty-two.  Approved  August  4,  1941. 

Resolve  relative  to  sundry  accounts  of  the  board  Chap,  72 

OF  REGISTRATION  OF  HAIRDRESSERS  WITH  THE  COMMON- 
WEALTH. 

Resolved,  That  the  board  of  registration  of  hairdressers 
and  its  present  and  future  secretaries  are  hereby  relieved 
from  accounting  to  the  state  treasurer  for  the  sum  of  one 
thousand  four  hundred  and  eighty  dollars,  being  the  total 
amount  of  various  deficits  appearing  in  its  accounts  with 
the  commonwealth,  as  found  by  the  state  auditor  in  his 
reports  of  November  fourteenth,  nineteen  hundred  and 
thirty-nine,  and  June  tenth,  nineteen  hundred  and  forty, 
less  the  sum  of  one  thousand  five  hundred  dollars  recovered  " 
from  the  surety  on  the  bond  of  a  former  secretary  of  said 
board.  Approved  August  4,  1941- 

Resolve  providing  for  an  investigation  by  the  depart-  Chap.   73 

MENT  OF  kENTAL  HEALTH  RELATIVE  TO  THE  ADVISABILITY 
AND  EXPENSE  OF  ESTABLISHING  A  BUREAU  FOR  THE  CARE 
OF   INEBRIATES. 

Resolved,  That  the  department  of  mental  health  is  hereby 
authorized  and  directed  to  investigate  the  advisabihty  of 
establishing  a  bureau  for  the  care  of  inebriates,  and  in  con- 
nection therewith  to  consider  the  subject  matter  of  current 
house  document  numbered  two  thousand  and  seven,  rela- 
tive to  the  establishment  in  the  department  of  public  health 
of  a  bureau  for  the  care  of  inebriates.    Said  department  of 


1210  Resolves,  1941.  — Chap.  74. 

mental  health  shall  report  to  the  general  court  the  results  of 
its  investigation,  and  its  recommendations,  if  any,  together 
with  estimates  of  cost  and  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  year  nineteen  hun- 
dred and  forty-two.  Approved  October  9,  1941- 

Chap.   74  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  OF  THE  LAWS  RELATING  TO  PRIMARIES  AND 
ELECTIONS,  WITH  A  VIEW  TO  THEIR  REVISION  AND  IM- 
PROVEMENT, THE  PUBLICATION  OF  REPORTS  OF  ELECTION 
CASES,    AND   RELATED    MATTERS. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  and  three  persons  to 
be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  is  hereby  established  for  the  purpose  of 
inquiring  into  the  laws  of  the  commonwealth  relating  to 
primaries  and  elections,  with  a  view  to  revising  and  per- 
fecting the  same,  including  the  subject  matter  of  current 
senate  document  numbered  three  hundred  and  eighty-one 
relative  to  the  identification  of  voters  and  the  form  of  the 
general  register,  and  of  current  house  document  numbered 
seven  hundred  and  twenty  relative  to  a  state  wide  veri- 
fication of  voting  lists.  Said  commission  shall  also  cause  to 
be  prepared  and  published  an  edition  of  the  reports  of  such 
contested  elections  of  the  general  court  from  the  year  nine- 
teen hundred  and  twenty-two  to  the  year  nineteen  hundred 
and  forty-one,  inclusive,  as  may  be  of  value  as  precedents, 
with  a  suitable  index  thereto.  The  commission  shall  be 
provided  with  quarters  in  the  state  house,  may  hold  hear- 
ings therein  and  elsewhere,  and  shall  be  entitled  to  receive 
the  assistance  of  the  state  secretary  and  all  other  public 
officers.  The  commission  may  summon  and  examine  wit- 
nesses and  require  by  subpoena  the  production  of  books 
and  papers,  and  may  expend  for  clerical  and  other  assist- 
ance such  sums,  not  exceeding,  in  the  aggregate,  fifteen 
hundred  dollars,  as  may  be  appropriated  therefor.  The 
payment  by  said  commission  of  compensation  for  services 
rendered  to  it  in  the  preparation  and  publication  of  an 
edition  of  contested  election  cases,  as  provided  by  this 
resolve,  shall  not  be  subject  to  section  twenty-one  of  chap- 
ter thirty  of  the  General  Laws.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  its  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  not  later  than  the  first  Wednesday  in  De- 
cember in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  9,  19Jfl. 


Resolves,  1941.  — X3hap.  75.  1211 


Resolve  providing  for  an  investigation  and  study  by  Chap.   75 
A  special  unpaid  commission  relative  to  the  survey 

OF  TRAFFIC  CONGESTION  IN  AND  IN  THE  VICINITY  OF 
BOSTON  AND  THROUGHOUT  THE  COMMONWEALTH  AND  FOR 
PLANNING  THE  RELIEF  THEREOF,  AND  RELATIVE  TO  CER- 
TAIN   MATTERS    APPERTAINING    TO    MOTOR    VEHICLES. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  five  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  one  person  to  be  ap- 
pointed by  the  governor,  the  commissioner  of  public  works, 
the  mayor  of  the  city  of  Boston  or  a  person  appointed  by 
him,  and  the  chairman  of  the  metropolitan  district  commis- 
sion or  a  person  appointed  by  him,  is  hereby  established  for 
the  purpose  of  making  an  investigation  and  study  of  traffic 
congestion  in  and  in  the  vicinity  of  Boston  and  throughout 
the  commonwealth.  Said  commission  shall  investigate  and 
study  the  subject  matter  of  all  petitions  for  highway  and 
other  traffic  improvements  which  were  referred  to  the  com- 
mittee on  Jiighways  and  motor  vehicles  during  the  current 
session  of  the  general  court,  and  of  the  subject  matter  of  cur- 
rent senate  documents  numbered  seven  hundred  and  thirty- 
eight  and  seven  hundred  and  forty-six  and  of  current  house 
documents  numbered  five  hundred  and  ninetj^,  eleven  hun- 
dred and  seventy-seven,  fourteen  hundred  and  fifty-two, 
seventeen  hundred  and  ninety-six,  nineteen  hundred  and 
ninety-four,  twenty  hundred  and  thirty-three  and  twenty- 
one  hundred  and  five.  Said  commission  shall  also  study 
and  investigate  such  other  highway  and  traffic  improve- 
ments related  to  the  specific  projects  included  within  the 
subject  matter  of  said  petitions  as  it  may  deem  necessary  or 
desirable.  Said  commission,  in  carrying  out  its  investiga- 
tion and  study  hereunder,  shall  consider  particularly  as  to 
whether  public  convenience  requires  the  construction  or 
carrying  out  of  said  proposed  highway  and  other  traffic 
improvements,  or  of  any  of  them,  and,  if  so,  it  shall  deter- 
mine as  to  each  of  said  projects  (1)  the  probable  cost;  (2) 
how  the  cost  of  said  improvements,  and  of  land  takings,  if 
necessary,  therefor,  should  be  apportioned;  (3)  by  whom 
said  improvements  should  be  made;  and  (4)  by  whom  said 
improvements  should  be  maintained  upon  their  completion. 
Said  commission  shall  also  consider  the  subject  matter  of 
current  house  documents  numbered  four  hundred  and  eleven, 
four  hundred  and  ninety-two,  ten  hundred  and  sixty-five, 
ten  hundred  and  seventy-nine  and  seventeen  hundred  and 
thirty-three,  relative  to  changing  the  registration  year  of 
motor  vehicles,  of  current  house  document  numbered  ten 
hundred  and  sixty-one,  relative  to  the  maximum  weights 
of  certain  vehicles,  and  of  current  house  document  num- 
bered sixteen  hundred  and  thirty-six,  relative  to  public  off- 
street  parking  facilities  in  the  city  of  Boston,  and  it  shall 


1212  Resolves,  1941.  — Chap.  76. 

investigate  traffic  conditions  at  the  Groveland  bridge,  includ- 
ing the  advisability  of  repairing  said  bridge  or  replacing  it 
with  a  new  bridge. 

Said  commission  shall,  within  thirty  days  of  its  appoint- 
ment, transmit  to  the  state  department  of  public  works  a 
list  of  projects  designed  to  relieve  or  eliminate  traffic  con- 
gestion in  and  in  the  vicinity  of  Boston  and  elsewhere  in 
the  commonwealth.  Said  department,  for  the  purpose  of 
determining  the  projects  to  be  planned  under  this  paragraph, 
may,  with  the  approval  of  the  commission,  omit  or  modify 
any  of  said  projects  or  add  thereto  other  projects  designed 
to  relieve  such  traffic  congestion;  and  said  department  shall, 
as  promptly  as  possible,  prepare  plans,  specifications,  detail 
of  location  and  amount  of  necessary  land  takings  or  acquisi- 
tions, detailed  cost  of  estimates,  and  all  other  things  neces- 
sary or  proper  as  a  prerequisite  to  the  actual  construction 
of  the  projects  so  determined.  Said  department  shall  report 
in  detail  to  said  commission,  on  or  before  October  first,  nine- 
teen hundred  and  forty-two,  the  material  so  prepared  and 
its  recommendations  in  regard  thereto. 

For  the  purpose  of  carrj'ing  out  the  provisions  of  this  re- 
solve, there  may  be  expended  such  sums,  not  exceeding,  in 
the  aggregate,  two  hundred  and  fifty  thousand  dollars,  as 
may  be  appropriated  therefor  from  the  Highway  Fund,  of 
which  sums  not  more  than  two  hundred  and  forty  thousand 
dollars  may  be  expended  by  said  department  of  public  works 
for  engineering  services  and  not  more  than  ten  thousand 
dollars  may  be  expended  by  said  commission  for  expenses 
and  clerical  and  other  assistance. 

In  addition  to  the  expenditures  hereinbefore  authorized, 
the  commonwealth  may  accept  and  use  in  connection  with 
any  work  authorized  by  this  resolve  any  federal  funds  or 
assistance  granted  or  made  available  under  any  federal  law 
or  otherwise.  Authority  to  make  application  for  such  federal 
funds  or  federal  assistance,  whether  in  relation  to  urgent 
improvements  of  highways  strategically  important  from 
the  standpoint  of  national  defence,  or  otherwise,  is  hereby 
granted  to  said  department  of  public  works  or  to  such  other 
agency  of  the  commonwealth  as  the  governor  may  designate. 

Said  commission  shall  report  to  the  general  court  its  find- 
ings and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  10,  1941. 

Chap.  76  Resolve   providing   for   an   annuity   for   william   h. 

PRATT  OF  MARSHFIELD,   A   FORMER  MEMBER  OF  THE  STATE 
POLICE. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  there  be  allowed  and  paid 


Resolves,  1941.  — Chaps.  77,  78.  1213 

out  of  the  state  treasury  to  William  H.  Pratt  of  Marshfield, 
formerly  a  member  of  the  state  police,  who  was  injured  in 
the  performance  of  his  duties  as  a  member  of  the  state 
police  on  June  twenty-sixth,  nineteen  hundred  and  twenty- 
seven,  an  annuity  of  seven  hundred  and  fifty  dollars,  payable 
in  equal  monthly  instalments,  for  a  period  of  five  years  com- 
mencing June  first,  nineteen  hundred  and  forty-two.  Said 
annuity  shall  cease  upon  the  death  of  said  Pratt  if  it  occurs 
prior  to  the  expiration  of  said  period  of  five  years.  No  pay- 
ment shall  be  made  hereunder  until  there  has  been  filed  with 
the  comptroller  an  agreement  signed  by  said  William  H. 
Pratt  that  the  amount,  if  any,  paid  or  to  be  paid  for  legal 
services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  maximum  amount 
payable  hereunder.  Approved  October  10,  1941. 

Resolve   in   favor   of   Elizabeth   parker   of   boston,  Chap.  77 

MOTHER   of   MARGARET   PARKER. 

Resolved,  That  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  and  after  an  appropria- 
tion has  been  made  therefor,  there  be  allowed  and  paid  out 
of  the  state  treasury  under  the  direction  of  the  attorney 
general  to  Elizabeth  Parker  of  Boston  the  sum  of  three 
thousand  dollars,  as  full  compensation  for  the  death  of  her 
daughter,  Margaret  Parker,  formerly  employed  by  the  com- 
monwealth. Said  sum  shall  be  paid  in  weekly  instalments, 
beginning  October  first,  nineteen  hundred  and  forty-one, 
not  exceeding  one  thousand  dollars  for  the  first  payment 
and  not  exceeding  ten  dollars  for  each  succeeding  payment. 
No  payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement  signed  by  said 
Elizabeth  Parker  that  the  amount,  if  any,  paid  or  to  be 
paid  for  legal  services  rendered  in  connection  with  the  pas- 
sage of  this  resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  October  10,  1941. 

Resolve  in  favor  of  the  widow  of  the  late  william  a.  Chap.  78 

JONES. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  treasury  of  the 
commonwealth  to  the  widow  of  the  late  William  A.  Jones, 
who  died  while  a  member  of  the  present  house  of  representa- 
tives, the  balance  of  the  compensation  to  which  he  would 
have  been  entitled  for  the  current  term  for  which  he  was 
elected  had  he  lived  and  served  Until  the  end  of  said  term. 
Said  sum  shall  be  paid  from  the  amount  appropriated  by 
item  0101-03  of  the  general  appropriation  act  of  the  current 
year.  Approved  October  15,  1941. 


1214  Resolves,  1941.  —  Chaps.  79,  80. 


Chap.  79  Resolve  providing  for  the  payment  from  the  state 

TREASURY  OF  THE  BALANCES  OP  THE  ESTATES  OF  CERTAIN 
DECEASED  PERSONS  WHICH  HAVE  ESCHEATED  TO  THE 
COMMONWEALTH . 

Resolved,  That,  subject  to  appropriation,  there  be  al- 
lowed and  paid  from  the  treasury  of  the  commonwealth, 
under  the  direction  of  the  attorney  general,  to  the  heirs  at 
law  or  next  of  kin,  or  their  lawful  representatives,  of  each 
of  the  deceased  persons  hereinafter  named,  such  sum,  not 
exceeding  the  amount  hereinafter  specified,  as  may  be  found 
by  the  attorney  general  to  have  been  paid  into  said  treasury 
as  the  balance  of  the  assets  belonging  to  the  estate  of  said 
deceased  person,  under  the  provisions  of  section  ten  of 
chapter  one  hundred  and  ninety-four  of  the  General  Laws, 
or  corresponding  provisions  of  earlier  laws,  notwithstanding 
the  expiration  of  the  time  limited  by  said  section  for  the 
recovery  of  such  sum :  — 


Deceased  Person. 

Year  and  Place 
of  Death. 

Maximum  Amount 
of  Payment. 

Catherine  Clark         .... 
Lotiis  Johnson            .... 
John  J.  Smith  ..... 
John  W.  Wilson         .... 

1929,  Boston  . 
1928,  New  Bedford  . 
1923,  Lawrence 
1921,  Boston  . 

$5,641  53 
3,072  52 
5,458  89 
3,443  99 

No  payment  shall  be  made  hereunder  to  the  respective 
heirs  at  law  or  next  of  kin  of  any  of  said  deceased  persons 
until  there  shall  have  been  filed  with  the  comptroller  an 
agreement  signed  by  them,  or  their  respective  lawful  repre- 
sentatives, that  the  amount,  if  any,  paid  or  to  be  paid  by 
them  for  legal  services  rendered  in  connection  with  the 
passage  of  this  resolve  shall  not  exceed  ten  per  cent  of  the 
sum  payable  to  them.  Approved  October  16,  1941. 

Chap.  80  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  RELATIVE  TO  CERTAIN  PROBLEMS  ARISING 
FROM  THE  HOLDING  OF  PROPERTY  IN  THE  COMMONWEALTH 
FOR    PUBLIC    PURPOSES. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  one  member  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  the  senate  and  house 
chairmen  of  the  committee  on  municipal  finance  and  the 
committee  on  taxation,  the  commissioner  of  corporations 
and  taxation  and  the  chairman  of  the  commission  on  admin- 
istration and  finance,  is  hereby  established  for  the  purpose 
of  investigating  the  advisability  of  revising  the  laws  of  the 
commonwealth  relative  to  the  reimbursement  of  municipali- 
ties for  loss  of  taxes  by  reason  of  lands  therein  owned  by  the 
commonwealth  or  a  political  subdivision  thereof,  or  by  any 


Resolves,  1941.  — Chaps.  81,  82.  1215 

other  governmental  unit,  or  changing  the  established  prac- 
tice of  aiding  municipalities  in  which  the  commonwealth  or 
any  of  its  political  subdivisions  acquire  property  for  any 
purpose.  In  making  said  investigation  the  commission  shall 
consider  the  subject  matter  of  current  house  documents 
numbered  thirty-nine,  three  hundred  and  four,  three  hun- 
dred and  five  and  nine  hundred  and  forty,  and  the  subject 
of  the  investigation  proposed  by  current  house  document 
numbered  twenty-three  hundred  and  thirty.  Said  commis- 
sion shall  also  consider  the  subject  matter  of  current  house 
document  numbered  twenty-two  hundred  and  thirty-five, 
relative  to  pajrments  by  the  commonwealth  to  certain  mu- 
nicipalities for  certain  school  expenses  incurred  by  them  for 
the  benefit  of  the  children  of  certain  state  institutional  em- 
ployees. For  the  purposes  of  this  resolve,  said  commission 
may  expend  for  clerical  and  other  services  and  expenses 
such  sums,  not  exceeding,  in  the  aggregate,  five  hundred 
dollars,  as  may  hereafter  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  October  thirty- 
first  in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  16,  1941. 

Resolve  providing  for  a  proper  representation  of  the  Chap.  81 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
YANKEE  DIVISION  VETERANS  ASSOCIATION  TO  BE  HELD  IN 
THE  CITY  OF  SPRINGFIELD  IN  THE  YEAR  NINETEEN  HUN- 
DRED  AND    FORTY-TWO. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  at  the  national  convention  of  the 
Yankee  Division  Veterans  Association  to  be  held  at  Spring- 
field in  the  year  nineteen  hundred  and  forty-two,  after  an 
appropriation  therefor  has  been  made,  there  may  be  expended 
for  such  purpose,  with  the  approval  and  under  the  direction 
of  the  governor  and  council,  a  sum  not  exceeding  three 
thousand  dollars.  Approved  October  16,  1941. 

Resolve  providing  for  an  investigation  by  a  special  Chap.  82 

COMMISSION  relative  TO  PROVIDING  FOR  THE  LICENSING 
and  REGULATION  OF  THE  BUSINESS  OF  FINANCING  INSUR- 
ANCE PREMIUMS  AND  OF  THE  BUSINESS  OF  BUYING  CONDI- 
TIONAL SALES  AGREEMENTS  OR  LEASE  AGREEMENTS,  AND 
RELATIVE  TO  THE  LAWS  PERTAINING  TO  INSTALMENT  AND 
CONDITIONAL  SALES  OF  PERSONAL  PROPERTY,  AND  RELATED 
MATTERS. 

Resolved,  That  a  special  unpaid  commission,  consisting  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 


1216  Resolves,  1941.  — CiiAP.  83. 

designated  by  the  speaker  thereof,  one  person  to  be  ap- 
pointed by  the  governor,  the  attorney  general  or  an  assistant 
attorney  general  to  be  designated  by  him,  and  the  commis- 
sioner of  banks  or  an  assistant  to  be  designated  by  him,  is 
hereby  established  for  the  purpose  of  making  an  investiga- 
tion relative  to  the  advisability  of  providing  for  the  licensing 
and  regulation  of  the  business  of  financing  insurance  pre- 
miums and  of  the  business  of  buying  conditional  sales  agree- 
ments or  lease  agreements,  and  an  investigation  of  the  laws 
pertaining  to  instalment  and  conditional  sales  of  personal 
property,  and  related  matters.  In  making  its  investigation 
hereunder,  said  commission  shall  consider  so  much  of  the 
governor's  address  (printed  as  current  Senate  Document 
No.  1)  and  of  the  report  of  the  attorney  general  for  the  year 
ending  November  thirtieth,  nineteen  hundred  and  forty, 
(Public  Document  No.  12),  as  relates  to  the  subject  matter 
of  this  resolve,  the  subject  matter  of  current  senate  docu- 
ments numbered  two  hundred  and  sixty,  two  hundred  and 
sixty-one,  three  hundred  and  ninety-three  and  of  current 
house  documents  numbered  ninety-seven,  three  hundred  and 
fifteen,  eight  hundred  and  ten,  eight  hundred  and  fifteen, 
eight  hundred  and  sixteen  and  seventeen  hundred  and 
eighty-four.  Said  commission  shall  be  provided  with  quar- 
ters in  the  state  house  or  elsewhere,  shall  hold  hearings  and 
may  expend,  after  an  appropriation  has  been  made  therefor, 
for  clerical  and  other  services  and  expenses,  such  sums,  not 
exceeding,  in  the  aggregate,  twenty-five  hundred  dollars,  as 
may  be  approved  by  the  governor  and  council.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  its  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday 
in  December  in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  16,  1941. 

Chap.  83  Resolve  providing  for  an  investigation  relative  to 

THE    SALE   OF  WATER   BY   THE   TOWN   OF   DANVERS   TO   THE 
DAN  VERS   STATE    HOSPITAL. 

Resolved,  That  the  commission  on  administration  and 
finance  is  hereby  authorized  and  directed  to  make  an  inves- 
tigation relative  to  the  sale  of  water  by  the  town  of  Danvers 
to  the  Danvers  state  hospital.  In  making  its  investigation 
hereunder,  said  commission  shall  consider  the  subject  mat- 
ter of  chapter  two  hundred  and  twenty-four  of  the  acts  of 
eighteen  hundred  and  seventy-six,  chapter  three  hundred 
and  ninety-four  of  the  acts  of  nineteen  hundred  and  twenty, 
chapter  three  hundred  and  fifty-seven  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  and  current  house  document 
numbered  fifteen  hundred  and  twelve,  and  also  the  contract 
entered  into  between  the  town  of  Danvers  and  the  Danvers 


Resolves,  1941.  — Chap.  84.  1217 

state  hospital  under  the  provisions  of  said  chapter  two  hun- 
dred and  twenty-four  of  the  acts  of  eighteen  hundred  and 
seventy-six,  the  decision  of  the  supreme  judicial  court  rela- 
tive thereto,  entitled  "Selectmen  of  Danvers  vs.  Common- 
wealth" (184  Mass.  Reports,  502),  and  all  other  circum- 
stances related  to  the  cost  of  and  price  charged  to  the 
commonwealth  for  water  supplied  by  said  town  of  Danvers 
to  said  Danvers  state  hospital.  Said  commission  may  expend, 
in  carrying  out  its  investigation  hereunder,  such  amounts  as 
may  be  hereafter  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion, and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  17,  1941. 

Resolve  providing  for  an  investigation  and  study  by  Qhaj)    84 

A  SPECIAL  commission  RELATIVE  TO  INTERGOVERNMENTAL 

relations. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  an  investigation  and  study  of  the 
co-related  functions  and  activities  of  the  federal,  state, 
county,  city,  town  and  district  govermnents,  with  a  view 
to  determining  to  what  extent  problems  and  difficulties  have 
arisen  in  connection  with  such  functions  and  activities  and 
to  recommending  such  changes  in  the  laws  of  this  common- 
wealth or  in  the  federal  laws  as  may  be  necessary  or  desir- 
able to  settle  such  problems  and  remove  such  difficulties. 
Said  commission,  in  making  its  investigation  and  study  here- 
under, shall  consider  the  subject  matter  of  the  investigations 
and  studies  proposed  by  current  house  documents  numbered 
eighteen  hundred  and  one,  twenty-six  hundred  and  sixty- 
four  and  twenty-seven  hundred  and  one,  and  the  subject 
matter  of  current  house  document  numbered  eight  hundred 
and  thirty-seven.  Said  commission  may  call  upon  officials 
of  the  commonwealth  and  its  poHtical  subdivisions  for  such 
information  as  it  may  desire  in  the  course  of  its  investiga- 
tion and  study.  It  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  shall  have  the  power  to  summon 
witnesses  and  to  require  the  production  of  books,  records 
and  papers  and  the  giving  of  testimony  under  oath,  and  it 
may  expend  for  clerical  and  other  services  and  expenses  such 
sums,  not  exceeding,  in  the  aggregate,  twenty-five  hundred 
dollars,  as  may  hereafter  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 


1218  Resolves,  1941.  — Chaps.  86,  86. 

its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
into  effect  its  recommendations  in  so  far  as  they  relate  to 
changes  in  the  laws  of  this  commonwealth,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  as  soon  as 
may  be,  but  not  later  than  the  first  Wednesday  of  Decem- 
ber in  the  year  nineteen  hundred  and  forty- two. 

Approved  October  17,  1941  ^ 


Chap.  85  Resolve  providing  for  a  survey  by  the  division  of 

PERSONNEL  AND  STANDARDIZATION  OF  OFFICES  AND  POSI- 
TIONS WITHIN  THE  CLASSIFIED  SERVICE  OF  THE  COMMON- 
WEALTH WITH  RESPECT  TO  THE  CLASSIFICATION  THEREOF 
AND   THE    SALARY   RANGES   APPERTAINING    THERETO. 

Resolved,  That  the  division  of  personnel  and  standardiza- 
tion is  hereby  authorized  and  directed  to  make  a  survey  of 
all  offices  and  positions  within  the  classified  service  of  the 
commonwealth  with  a  view  to  recommending  such  changes 
in  the  classification  of  such  offices  and  positions  and  in  the 
salary  ranges  appertaining  thereto  as  it  may  deem  advisable. 
Said  division,  in  making  its  survey  hereunder,  may  consider 
the  subject  matter  of  current  senate  document  numbered 
two  hundred  and  seventy-seven  and  of  current  house  docu- 
ments numbered  eight  hundred  and  eighty-seven,  nine  hun- 
dred and  eighty-seven,  twelve  hundred  and  forty-four,  four- 
teen hundred  and  eighty-two  and  twenty-four  hundred  and 
seventy.  It  shall  report  its  recommendations  hereunder  to 
the  commission  on  administration  and  finance  as  soon  as 
may  be.  Approved  October  17,  1941. 


Chap.  86  Resolve  relative  to  certain  harbor  and  waterway 

IMPROVEMENTS. 

Resolved,  That,  subject  to  the  conditions  hereinafter  im- 
posed, the  following  projects  for  the  improvement  of  har- 
bors and  waterways  in  the  commonwealth,  when  adopted  by 
the  congress  of  the  United  States  and  when  federal  funds 
are  available  therefor,  are  hereby  authorized :  —  Annisquam 
River,  Gloucester;  Stage  Harbor,  Chatham;  Cohasset  Har- 
bor, Cohasset;  Newburyport  Harbor,  Newburyport;  Plym- 
outh Harbor,  Plymouth;  Wellfleet  Harbor,  Wellfleet;  Wey- 
mouth Back  River,  Weymouth.  Subject  to  appropriation, 
the  department  of  public  works  is  hereby  authorized  to 
pay  to  the  secretary  of  war  of  the  United  States  on  his 
demand  the  contribution  required  from  local  interests,  as 
specified  by  the  congress  with  respect  to  each  project,  and 
to  give  to  said  secretary  of  war  the  assurances  required  for 
such  project;  provided,  that  in  each  instance  the  munici- 
pality in  which  the  project  lies  shall  have  deposited  with  the 
state  treasurer  one  half  of  such  contribution  and  assumed 


Resolves,  1941.  — Chaps.  87,  88.  1219 

liability,  in  the  manner  provided  by  section  twenty-nine  of 
chapter  ninety-one  of  the  General  Laws,  for  all  damages 
that  may  be  incurred  under  said  project,  and  has  given  to 
said  department  of  public  works  satisfactory  assurances 
that  conditions  imposed  upon  such  municipality  or  other 
local  interests  with  respect  to  such  project  will  be  mQt. 

Approved  October  17,  1941  • 


Resolve   providing   for  a   proper  representation   of  (JIkuj    g7 

THE  COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF 
THE  UNITED  SPANISH  WAR  VETERANS  IN  THE  YEAR  NINE- 
TEEN HUNDRED  AND  FORTY-THREE  IN  THE  EVENT  THAT 
THE   SAME   IS   HELD    IN   THE   CITY    OF   BOSTON. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  United  Spanish  War  Veterans  in  the  year 
nineteen  hundred  and  forty-three,  if  held  in  the  city  of  Bos- 
ton as  anticipated,  and  in  such  case  to  ensure,  in  arranging 
entertainments  and  other  events  in  connection  therewith, 
proper  co-operation  between  the  department  of  Massachu- 
setts, United  Spanish  War  Veterans  and  the  commonwealth, 
after  an  appropriation  therefor  has  been  made,  and  if  such 
convention  is  to  be  held  in  said  city  as  aforesaid,  there  may 
be  expended,  with  the  approval  and  under  the  direction  of 
the  governor  and  council,  a  sum  not  exceeding  ten  thousand 
dollars.  Approved  October  23,  1941. 


Resolve  providing  for  payments  by  the  commonwealth  Chap.  88 

OF  certain  sums  as  full  compensation  for  CERTAIN 
WORK  PERFORMED  FOR,  AND  CERTAIN  MATERIALS  FURNISHED 
TO,    THE    COMMONWEALTH. 

Resolved,  That,  for  the  purpose  of  discharging  an  obliga- 
tion of  the  commonwealth,  there  be  paid  from  the  state 
treasury,  out  of  the  money  appropriated  by  item  one  hun- 
dred and  thirty-one  A  appearing  in  section  two  of  chapter 
five  hundred  and  seven  of  the  acts  of  nineteen  hundred  and 
thirty-eight  and  made  available  for  expenditure  by  section 
four  of  said  chapter  five  hundred  and  seven,  to  the  parties 
and  in  the  amounts  hereinafter  specified,  said  amounts  being 
the  amounts  determined  to  be  due  said  parties  for  work 
performed  by  them  on  certain  property  of  the  common- 
wealth made  necessary  by  the  hurricane  and  floods  of 
September,  nineteen  hundred  and  thirty-eight,  or  for  ma- 
terials furnished  in  connection  with  said  work. 


1220 


Resolves,  1941.  —  Chap.  89. 


Names  of  Parties. 


Where  Work  was  Done. 


Amounts  of 
Payments. 


M.  S.  Kelliher  Co.           .          .          . 

East  Boston  Airport 

$3,607  00 

Natick  Armory 

2,000  00 

Natick  Military  Depot 

4,800  00 

Newton  Armory 

45  00 

Jacob  Hurwitz       .... 

Orange  Armory 

10,100  00 

Edward  J.  Thornton 

East  Armory  (Boston) 

270  00 

John  F.  Shea  &  Co.' 

Commonwealth  Armory 

4,275  00 

Maiden  Armory 

85  00 

Arthur  M.  Tobin  .... 

Chelsea  Armory 

125  00 

Camp  Curtis  Guild 

6,025  00 

Fitchburg  Armory    . 

1.125  00 

Martin  W.  Ryan    .... 

Marlborough  Armory 

1.325  00 

J.  C.  Roy  &  Sons  Co.     . 

North  Adams  Armory 

1,275  00 

Adams  Armory 

5.500  00 

John  F.  Hynes       .... 

Hudson  Armory 

360  00 

Attleboro  Armory    . 

225  00 

Clinton  Armory 

239  00 

Michael  Racioppi  .... 

Lawrence  Armory    . 

146  50 

Framingham  Armory 

3.450  00 

Woburn  Armory 

545  00 

Wakefield  Armory   . 

750  00 

Henry  Shiels           .          .  -      . 

Commonwealth  Armory 

3,000  00 

East  Armory  (Boston) 

925  00 

South  Armory  (Boston) 

2,800  00 

Cambridge  Armory 

3.450  00 

Ernest  F.  Carlson,  Inc.  . 

Springfield  Armory 

2.620  00 

Westfield  Armory     . 

285  00 

Martin  Kelly          .... 

Worcester  Armory   . 

2,500  00 

Henry  Baker  Co.   .... 

Holyoke  Armory 

250  00 

Bennett  A.  Cantwell,  doing  business 

Charlestown  Armory 

1.550  00 

under  the  name  of  P.  J.  Cantwell 

&  Sons. 

Concord  Armory 

310  00 

Everett  Armory 

1.350  00 

Stoneham  Armory    . 

545  00 

Albert  J.  Carson    .... 

Pittsfield  Armory     . 

685  00 

Greenfield  Armory   . 

250  00 

1 

No  payment  of  any  sum  shall  be  made  hereunder  to  any 
person  entitled  thereto  until  such  person  shall  have  signed 
and  filed  with  the  comptroller  an  agreement  that  said  sum 
is  in  full  satisfaction  of  any  and  all  claims  such  person  may 
have  for  work  on  property  of  the  commonwealth  as  herein- 
before set  forth  made  necessary  by  said  hurricane  and 
floods,  and  performed  by  him,  or  for  necessary  materials 
furnished  by  him  in  connection  therewith,  as  the  case  may 
be,  and  that  the  amount,  if  any,  paid  or  to  be  paid  by  him 
for  legal  services  rendered  in  connection  with  the  passage  of 
this  resolve  shall  not  exceed  ten  per  cent  of  the  sum  payable 
to  him  hereunder.  Approved  October  23,  1941- 


Chap. 


89  Resolve  relative  to  the  expense  of  a  proceeding  for 
a  judicial  determination  of  certain  powers  and 
duties  of  the  trustees  of  the  boston  elevated  rail- 
way company,  and  relative  to  jurisdiction  of  any 
such  proceeding. 

Resolved,  That  the  department  of  public  utilities,  under 
the  direction  of  the  attorney  general,  may  expend,  for  the 
purpose  of  bringing  a  proceeding  at  law  or  in  equity  seeking 
a  declaratory  judgment,  order  or  decree  interpreting  the 
provisions  of  chapter  one  hundred  and  fifty-nine  of  the 
Special  Acts  of  nineteen  hundred  and  eighteen,  as  amended, 


Resolves,  1941.  — Chaps.  90,  91.  1221 

pertinent  to  the  authority  of  the  board  of  trustees  of  the 
Boston  Elevated  Railway  Company  to  make  certain  charges 
to  the  cost  of  service  and  their  accounting  duties  incidental 
to  such  charges,  or  such  other  proceeding  at  law  or  in  equity 
as  said  department  and  the  attorney  general  deem  advisable 
for  the  purpose  of  having  a  judicial  determination  of  the 
powers  and  duties  of  said  trustees  under  said  chapter  or 
otherwise,  sums  not  exceeding,  in  the  aggregate,  seventy-five 
thousand  dollars,  which  sum  is  hereby  appropriated  from  the 
general  fund  or  revenue  of  the  commonwealth,  and  sums  so 
expended  shall  be  assessed  upon  the  cities  and  towns  in 
which  the  company  operated  in  the  year  nineteen  hundred 
and  forty,  in  the  same  proportion  and  in  the  same  manner 
in  which  the  deficiency  paid  by  the  commonwealth  to  said 
company  was  assessed  upon  them  in  said  year.  The  supreme 
judicial  court  and  the  superior  court  shall  have  concurrent 
jurisdiction  of  any  proceeding  brought  under  authority  of 
this  resolve.  Approved  October  S7,  1941. 

Resolve  in  favor  of  the  widow"  of  the  late  charles  h.  Chav.  90 

ROBERTS,    JR. 

Resolved,  That,  for  the  pm-pose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
the  widow  of  the  late  Charles  H.  Roberts,  Jr.,  who  died  while 
a  member  of  the  present  house  of  representatives,  the  bal- 
ance of  the  salary  to  which  he  would  have  been  entitled  for 
the  current  session  had  he  lived  and  served  until  the  end  of 
said  session.  Said  sum  shall  be  paid  from  the  amount  ap- 
propriated by  item  0101-03  of  section  two  of  chapter  four 
hundred  and  nineteen  of  the  acts  of  the  current  year. 

Approved  October  28,  1941. 

Resolve  providing  further  for  an  investigation  rela-  QJiarf    Ql 

TIVE  TO  THE  ITSE  BY  ADDITIONAL  MUNICIPALITIES  OF  THE 
QUABBIN  RESERVOIR  FOR  W^ATER  SUPPLY  PURPOSES,  AND 
RELATIVE  TO  THE  RELATION  OF  THE  CITY  OF  BOSTON  TO 
AND  ITS  SHARE  OF  THE  EXPENSES  OF  THE  METROPOLITAN 
DISTRICT   COMMISSION. 

Resolved,  That  a  special  unpaid  commission  consisting  of 
one  member  of  the  senate  to  be  appointed  by  the  president, 
three  members  of  the  house  of  representatives  to  be  ap- 
pointed by  the  speaker,  three  persons  to  be  appointed  by 
the  governor,  the  chairman  of  the  metropolitan  district 
commission  or  some  person  designated  by  him,  and  the  com- 
missioner of  public  health  or  some  person  designated  by 
him,  is  hereby  established  to  make  an  investigation  of  the 
subject  matter  of  so  much  of  the  governor's  address,  printed 
as  current  senate  document  No.  1,  as  relates  to  the  use  by 
additional  municipaHties  of  the  Quabbin  Reservoir  for  water 
supply  purposes  and  so  much  thereof  as  relates  to  the  rela- 
tion of  the  city  of  Boston  to,  and  its  share  of  the  expenses  of, 


1222  Resolves,  1941.  — Chaps.  92,  93. 

the  metropolitan  district  commission.  Said  special  commis- 
sion may  hold  hearings  and  may  expend  for  technical,  cleri- 
cal and  other  services  and  expenses  a  sum  not  exceeding 
three  thousand  dollars.  The  comptroller  is  hereby  author- 
ized to  certify  for  payment  liabilities,  not  exceeding  said 
sum,  incurred  by  the  commission  in  anticipation  of  the 
receipt  of  an  assessment  which  the  state  treasurer  is  hereby 
authorized  and  directed  to  assess  on  the  cities  and  towns  of 
the  metropolitan  water  district  in  the  year  nineteen  hundred 
and  forty-two  as  a  part  of  the  cost  of  the  maintenance  of 
said  district.  Said  special  commission  shall  report  to  the 
general  court  the  results  of  its  investigation,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  year  nine- 
teen hundred  and  forty-two.  Chapter  forty-five  of  the 
resolves  of  the  current  year  is  hereby  repealed. 

Approved  October  29,  1941. 

Chap.  92  Resolve  providing  for  an  investigation  and  study  dur- 
ing THE  RECESS  OF  THE  GENERAL  COURT  BY  THE  COM- 
MITTEE ON  THE  JUDICIARY  RELATIVE  TO  THE  DISTRICT 
COURT   SYSTEM    OF   THE    COMMONWEALTH. 

Resolved,  That  the  committee  on  the  judiciary  is  hereby 
authorized  to  sit  during  the  recess  of  the  general  court  to 
make  an  investigation  and  study  of  the  district  court  sys- 
tem of  the  commonwealth,  including  the  municipal  court  of 
the  city  of  Boston,  with  a  view  to  recommending  such 
changes  in  said  system  as  it  may  deem  necessary  or  desir- 
able. In  making  its  investigation  and  study  hereunder,  said 
committee  shall  consider  the  subject  matter  of  current  house 
document  numbered  twenty-seven  hundred  and  seventy. 
Said  committee  may  expend  for  expenses  and  clerical  and 
other  assistance  such  sums,  not  exceeding,  in  the  aggregate, 
three  hundred  dollars,  as  may  hereafter  be  appropriated  there- 
for. Said  committee  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  year  nineteen  hun- 
dred and  forty-two.  Approved  October  30,  191^1. 

Chap.  93  Resolve  providing  for  an  investigation  relative  to 

ADDITIONAL  SEWERAGE  WORKS  FOR  THE  SOUTH  METRO- 
POLITAN SEWERAGE  SYSTEM  IN  THE  DORCHESTER  DISTRICT 
OF  THE  CITY  OF  BOSTON  AND  THE  TOWN  OF  MILTON. 

Resolved,  That  the  metropolitan  district  commission  and 
the  department  of  public  health,  acting  as  a  joint  board, 
are  hereby  authorized  and  directed  to  make  an  investigation 


^ 


Resolves,  1941.  — Chaps.  94,  95.  1223 

relative  to  the  advisability  of  providing  for  the  construction 
of  a  main  sewer  or  sewers,  with  sewer  connections  and  other  * 
works,  in  the  Dorchester  district  of  the  city  of  Boston  and 
in  the  town  of  Milton,  from  a  point  near  Butler  street  in 
said  Dorchester  district  and  thence  southerly  to  a  point  in 
the  vicinity  of  Adams  and  Squantum  streets  in  said  town  of 
Milton,  thence  by  force  main  to  the  south  metropolitan  high 
level  sewer,  or  such  other  improvements  in  the  south  met- 
ropolitan sewerage  system  as  may  be  necessary  for  improv- 
ing the  sewerage  works  within  said  areas.  Said  board  shall 
report  to  the  general  court  its  findings,  and  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  its  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  in  December  in  the  year  nineteen  hun- 
dred and  forty-two.  Approved  October  30,  1941. 

Resolve  in  favor  of  william  w.  drummey  of  boston.  Chav.  94 

Resolved,  That,  for  the  purpose  of  discharging  an  obliga- 
tion of  the  commonwealth,  there  be  paid  from  the  state 
treasury,  out  of  the  money  appropriated  by  item  one  hun- 
dred and  thirty-one  A  of  section  two  of  chapter  five  hundred 
and  seven  of  the  acts  of  nineteen  hundred  and  thirty-eight 
and  made  available  for  expenditure  by  section  four  of  said 
chapter  five  hundred  and  seven,  to  William  W.  Drummey 
of  Boston  the  sum  of  four  thousand  seven  dollars  and  fifty- 
five  cents,  being  the  amount  determined  to  be  due  said 
Drummey  under  the  terms  of  a  certain  authorization  or  of 
an  agreement  between  the  commonwealth  and  him  for  serv- 
ices rendered  in  connection  with  work  performed  on  certain 
property  of  the  commonwealth  made  necessary  by  the  hur- 
ricane and  floods  of  September,  nineteen  hundred  and  thirty- 
eight.  No  payment  shall  be  made  hereunder  until  said 
Drummey  shall  have  signed  and  filed  with  the  comptroller 
an  agreement  that  the  amount,  if  any,  paid  or  to  be  paid 
for  legal  services  rendered  in  connection  with  the  passage 
of  this  resolve  shall  not  exceed  ten  per  cent  of  the  sum  pay- 
able hereunder,  nor  until  said  Drummey  shall  execute  and 
file  with  the  comptroller  a  release,  satisfactory  in  form  to 
the  attorney  general,  in  full  satisfaction  of  all  claims  asserted 
by  him  for  compensation  for  services  under  said  authoriza- 
tion or  agreement  and  for  which  legal  proceedings  may  be 
pending  upon  the  effective  date  of  this  resolve. 

Approved  October  30,  1941. 

Resolve  providing  for  an  investigation  and  study  by  (Jfiar),  95 

A   SPECIAL   commission   OF   THE   LEGISLATIVE   SYSTEM   AND 
PROCEDURE   OF   THE   COMMONWEALTH. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 


1224  Resolves,  1941.  — Chap.  96. 

to  be  designated  by  the  speaker  thereof,  and  two  persons 
to  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  council,  is  hereby  estabhshed  for  the  purpose  of 
making  an  investigation  and  study  of  the  legislative  system 
and  procedure  of  the  commonwealth.  For  said  purposes 
said  commission  may  expend  such  sums,  not  exceeding,  in 
the  aggregate,  fifteen  hundred  dollars,  as  may  hereafter  be 
appropriated  therefor. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  pubhc  hearings,  may 
require  by  summons  the  attendance  of  witnesses  and  the 
production  of  books,  papers  and  documents,  and  may  re- 
quire the  assistance  of  any  officer  or  employee  of  the  com- 
monwealth in  connection  with  the  purposes  of  this  resolve. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  on  or  before  the  first  Wednesday  of 
December  in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  31,  1941. 

Chap.  96  Resolve   providing   for   an   investigation   and   study 

RELATIVE  TO  THE  REVENUE  OF  THE  COMMONWEALTH 
FROM  HORSE  AND  DOG  RACING  MEETINGS. 

Resolved,  That  the  commissioner  of  corporations  and 
taxation,  the  chairman  of  the  commission  on  administra- 
tion and  finance,  and  one  person,  who  shall  not  be  the 
holder  of  any  elective  public  office,  to  be  appointed  by  the 
governor,  acting  jointly,  are  hereby  authorized  and  directed 
to  make  an  investigation  and  study  of  the  sums  payable  to 
the  state  racing  commission  by  persons  licensed  under  chap- 
ter one  hundred  and  twenty-eight  A  of  the  General  Laws  to 
conduct  horse  or  dog  racing  meetings,  other  than  licensees 
holding  such  racing  meetings  in  connection  with  a  state  or 
county  fair.  They  shall  consider  whether  the  aforesaid 
pa3'"ments  are  just  and  reasonable  and  best  adapted  to  serve 
the  revenue  requirements  of  the  commonwealth.  They  shall 
make  all  necessary  examinations  and  inquiries  and  obtain 
information  with  respect  to  the  operations  of  horse  or  dog 
racing  meetings  held  outside  the  commonwealth  by  which 
the  revenues  derived  from  pari-mutuel  wagering  within  the 
commonwealth  might  be  affected.  They  shall  also  consider 
the  probable  effect,  upon  the  gross  volume  of  business  of 
racing  meetings  held  under  said  chapter  one  hundred  and 
twenty-eight  A  and  upon  the  revenue  of  the  commonwealth, 
of  any  changes  in  the  provisions  of  said  chapter  relating  to 
the  aforesaid  payments.  They  may  hold  hearings  and  may 
require  by  summons  the  attendance  and  testimony  of  wit- 
nesses and  the  production  of  books  and  papers  and  may 
administer  oaths.  For  the  purposes  of  this  resolve  thej--  may 
expend  such  sums,  not  exceeding  two  thousand  dollars,  as 


Resolves,  1941.  — Chap.  96.  1225 

may  hereafter  be  appropriated  therefor.  They  shall  report 
to  the  general  court  the  results  of  their  investigation  and 
study,  and  their  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  their  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  not  later  than  the  first  Wednesday 
of  December  in  the  year  nineteen  hundred  and  forty-two. 

Approved  October  31,  1941. 


1226 


Amendment  to  Constitution. 


©Jj?  QIctttmnnmFaltlj  of  M^BBml^mttiB 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposed 
amendment 
to  the  consti- 
tution to  pro- 
vide that  the 
general  court 
may  prescribe 
the  terms  and 
conditions 
under  which 
pardons  of 
offences  which 
are  felonies 
may  be 
granted. 


Proposal  for  a  legislative  amendment  of  the  con- 
stitution TO  provide  that  the  general  court  may 
prescribe  the  terms  and  conditions  under  which 
pardons  of  offences  which  are  felonies  may  be 
granted. 

A  joint  session  of  the  Senate  and  House  of  Representatives 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution 
by  the  adoption  of  the  following  Article  of  Amendment,  to 
the  end  that  it  may  become  a  part  of  the  Constitution,  if 
similarly  agreed  to  in  a  joint  session  of  the  next  General 
Court  and  approved  by  the  people  at  the  state  election  next 
following: 

article  of  amendment. 

Article  VIII  of  section  I  of  chapter  II  of  Part  the  Second 
of  the  Constitution  of  the  Commonwealth  is  hereby  an- 
nulled and  the  following  is  adopted  in  place  thereof :  — 

Art.  VIII.  The  power  of  pardoning  offences,  except  such 
as  persons  may  be  convicted  of  before  the  senate  by  an  im- 
peachment of  the  house,  shall  be  in  the  governor,  by  and 
with  the  advice  of  council,  provided,  that  if  the  offence  is  a 
felony  the  general  court  shall  have  power  to  prescribe  the 
terms  and  conditions  upon  which  a  pardon  may  be  granted; 
but  no  charter  of  pardon,  granted  by  the  governor,  with  ad- 
vice of  the  council  before  conviction,  shall  avail  the  party 
pleading  the  same,  notwithstanding  any  general  or  particu- 
lar expressions  contained  therein,  descriptive  of  the  offence 
or  offences  intended  to  be  pardoned. 


Certified  to 
the  secretary 
of  the  com- 
monwealth 
and  referred 
to  the  next 
general  court. 


In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  affirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is 
referred  to  the  next  General  Court  in  accordance  with  a 
provision  of  the  Constitution. 

IRVING   N.  HAYDEN, 
Clerk  of  the  Joint  Session. 


Amendment  to  Constitution.  1227 


QHye  CUommotuu^altlj  nf  ilaaaarliUBrtta 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposal  for  a  legislative  amendment  of  the  con- 
stitution TO  PROVIDE  FOR  A  FAIR,  CONCISE  SUMMARY, 
INSTEAD  OF  A  DESCRIPTION,  OF  EACH  PROPOSED  AMEND- 
MENT TO  THE  CONSTITUTION  AND  EACH  LAW  SUBMITTED 
TO  THE  PEOPLE,  UNDER  THE  INITIATIVE  AND  THE  REFER- 
ENDUM, AND  CERTAIN  CHANGES  RELATIVE  TO  THE  FILING 
OF  INITIATIVE   PETITIONS. 

A  joint  session  of  the  Senate  and  House  of  Representatives  Proposed 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution  Xe^constltu-*" 
by  the  adoption  of  the  following  Article  of  Amendment,  to  tio"  to  provide 
the  end  that  it  may  become  a  part  of  the  Constitution,  if  dJe'^summary" 
similarly  agreed  to  in  a  joint  session  of  the  next  General  JTescriptron'*  of 
Court  and  approved  by  the  people  at  the  state  election  next  each  proposed 

(•„ii„      • .  amendment  to 

tollOWing:  theconstitu- 

tion  and  each 

ARTICLE    OF   AMENDMENT.  law  submitted 

a  1  »        •    1       -i^T  TTTTT        PI  1  1        t°  the  people, 

iSECTiON  1.  Article  XLVlll  of  the  amendments  to  the  under  the 
constitution  is  hereby  amended  by  striking  out  section  three,  the 'fefeendum, 
under  the  heading  "The  Initiative.  //.  Initiative  Peti-  chfnTs'rda- 
tions.",  and  inserting  in  place  thereof  the  following:  —  Sec-  tivetothe 
tion  3.  Mode  of  Originating.  —  Such  petition  shall  first  be  tive^petitions." 
signed  by  ten  qualified  voters  of  the  commonwealth  and 
shall  be  submitted  to  the  attorney-general  not  later  than 
the  first  Wednesday  of  the  August  before  the  assembling 
of  the  general  court  into  which  it  is  to  be  introduced,  and 
if  he  shall  certify  that  the  measure  and  the  title  thereof  are 
in  proper  form  for  submission  to  the  people,  and  that  the 
measure  is  not,  either  affirmatively  or  negatively,  substan- 
tially the  same  as  any  measure  which  has  been  qualified  for 
submission  or  submitted  to  the  people  at  either  of  the  two 
preceding  biennial  state  elections,  and  that  it  contains  only 
subjects  not  excluded  from  the  popular  initiative  and  which 
are  related  or  which  are  mutually  dependent,  it  may  then 
be  filed  with  the  secretary  of  the  commonwealth.  The  sec- 
retary of  the  commonwealth  shall  provide  blanks  for  the 
use  of  subsequent  signers,  and  shall  print  at  the  top  of  each 
blank  a  fair,  concise  summary,  as  determined  by  the  attorney- 
general,  of  the  proposed  measure  as  such  summary  will  ap- 
pear on  the  ballot  together  with  the  names  and  residences  of 
the  first  ten  signers.  All  initiative  petitions,  with  the  first 
ten  signatures  attached,  shall  be  filed  with  the  secretary  of 
the  commonwealth  not  earlier  than  the  first  Wednesday  of 
the  September  before  the  assembling  of  the  general  court 


1228  Amendment  to  Constitution. 

into  which  they  are  to  be  introduced,  and  the  remainder  of 
the  required  signatures  shall  be  filed  not  later  than  the  first 
Wednesday  of  the  following  December. 

Section  2.  Section  three  of  that  part  of  said  Article 
XLVIII,  under  the  heading  "The  Referendum.  ///. 
Referendum  Petitions.'',  is  hereby  amended  by  striking  out 
the  words  "The  secretary  of  the  commonwealth  shall  pro- 
vide blanks  for  the  use  of  subsequent  signers,  and  shall 
print  at  the  top  of  each  blank  a  description  of  the  proposed 
law  as  such  description  will  appear  on  the  ballot  together 
with  the  names  and  residences  of  the  first  ten  signers.", 
and  inserting  in  place  thereof  the  words  "The  secretary  of 
the  commonwealth  shall  provide  blanks  for  the  use  of  sub- 
sequent signers,  and  shall  print  at  the  top  of  each  blank  a 
fair,  concise  summary  of  the  proposed  law  as  such  summary 
will  appear  on  the  ballot  together  with  the  names  and  resi- 
dences of  the  first  ten  signers." 

Section  3.  Section  four  of  that  part  of  said  Article 
XLVIII,  under  the  heading  "The  Referendum.  ///. 
Referendum  Petitions",  is  hereby  amended  by  striking  out 
the  words  "The  secretary  of  the  commonwealth  shall  pro- 
vide blanks  for  the  use  of  subsequent  signers,  and  shall 
print  at  the  top  of  each  blank  a  description  of  the  proposed 
law  as  such  description  will  appear  on  the  ballot  together 
with  the  names  and  residences  of  the  first  ten  signers.",  and 
inserting  in  place  thereof  the  words  "The  secretary  of  the 
commonwealth  shall  provide  blanks  for  the  use  of  subse- 
quent signers,  and  shall  print  at  the  top  of  each  blank  a 
fair,  concise  summary  of  the  proposed  law  as  such  summary 
will  appear  on  the  ballot  together  with  the  names  and  resi- 
dences of  the  first  ten  signers." 

Section  4.  Said  Article  XLVIII  is  hereby  further 
amended  by  striking  out,  under  the  heading  "General 
Provisions",  all  of  subheading  "///.  Form  of  Ballot." 
and  all  of  subheading  "/V.  Information  for  Voters.",  and 
inserting  in  place  thereof  the  following :  — 

///.     Form  of  Ballot. 

A  fair,  concise  summary,  as  determined  by  the  attorney 
general,  subject  to  such  provision  as  may  be  made  by  law, 
of  each  proposed  amendment  to  the  constitution,  and  each 
law  submitted  to  the  people,  shall  be  printed  on  the  ballot, 
and  the  secretary  of  the  commonwealth  shall  give  each  ques- 
tion a  number  and  cause  such  question,  except  as  otherwise 
authorized  herein,  to  be  printed  on  the  ballot  in  the  follow- 
ing form :  — 

In  the  case  of  an  amendment  to  the  constitution :  Do  you 
approve  of  the  adoption  of  an  amendment  to  the  constitution 

summarized  below,   (here  state,  in  distinctive    ..^^^  , 

type,  whether  approved  or  disapproved  by  the 
general  court,  and  by  what  vote  thereon)? 
(Set  forth  summary  here) 


NO. 


YES. 


NO. 


Amendment  to  Constitution.  1229 

In  the  case  of  a  law :  Do  you  approve  of  a  law  summarized 
below,  (here  state,  in  distinctive  type,  whether 
approved  or  disapproved  by  the  general  court, 
and  by  what  vote  thereon)? 

(Set  forth  summary  here) 

IV.     Information  for  Voters. 

The  secretary  of  the  commonwealth  shall  cause  to  be 
printed  and  sent  to  each  registered  voter  in  the  common- 
wealth the  full  text  of  every  measure  to  be  submitted  to 
the  people,  together  with  a  copy  of  the  legislative  com- 
mittee's majority  and  minority  reports,  if  there  be  such, 
with  the  names  of  the  majority  and  minority  members 
thereon,  a  statement  of  the  votes  of  the  general  court  on 
the  measure,  and  a  fair,  concise  summary  of  the  measure 
as  such  summary  will  appear  on  the  ballot;  and  shall,  in 
such  manner  as  may  be  provided  by  Itiw,  cause  to  be  pre- 
pared and  sent  to  the  voters  other  information  and  argu- 
ments for  and  against  the  measure. 

In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution  Certified  to 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General  of^hrcom-^ 
Court,  the  said  amendment  having  received  the  affirmative  ^n°(fre1erred 
votes  of  a  majority  of  all  the  members  elected;    and  it  is  to  the  next 
referred  to  the  next  General  Court  in  accordance  with  a  ^^^^^^  ^°^  " 
provision  of  the  Constitution. 

IRVING   N.  HAYDEN, 

Clerk  of  the  Joint  Session. 


1230 


Amendment  to  Constitution. 


^l^  diommotmrnltli  of  MviBB^l^mtttB 


In  the  Yeab  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposed 
amendment  to 
the  constitu- 
tion providing 
for  absent 
voting  by 
qualified  voters 
who  by  reason 
of  physical 
disability  are 
unable  to  vote 
in  person. 


Proposal  for  a  legislative  amendment  of  the  consti- 
tution PROVIDING  FOR  ABSENT  VOTING  BY  QUALIFIED 
VOTERS  WHO  BY  REASON  OF  PHYSICAL  DISABILITY  ARE 
UNABLE    TO    VOTE   IN   PERSON. 

A  joint  session  of  the  Senate  and  House  of  Representatives 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution 
by  the  adoption  of  the  following  Article  of  Amendment,  to 
the  end  that  it  may  become  a  part  of  the  Constitution,  if 
similarly  agreed  to  in  a  joint  session  of  the  next  General 
Court  and  approved  by  the  people  at  the  state  election  next 
following : 

ARTICLE   OF   AMENDMENT. 

Article  XLV  of  the  articles  of  amendment  is  hereby 
annulled  and  the  following  is  adopted  in  place  thereof :  — 

Article  XLV.  The  general  court  shall  have  power  to 
provide  by  law  for  voting,  in  the  choice  of  any  officer  to  be 
elected  or  upon  any  question  submitted  at  an  election,  by 
qualified  voters  of  the  commonwealth  who,  at  the  time  of 
such  an  election,  are  absent  from  the  city  or  town  of  which 
they  are  inhabitants  or  are  unable  by  reason  of  physical 
disability  to  cast  their  votes  in  person  at  the  polling  places. 


Certified  to 
the  secretary 
of  the  com- 
monwealth 
and  referred 
to  the  next 
general  court. 


In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  affirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is 
referred  to  the  next  General  Court  in  accordance  with  a 
provision  of  the  Constitution. 

IRVING   N.  HAYDEN, 
Clerk  of  the  Joint  Session. 


Amendment  to  Constitution.  1231 


QIi|^  QIomtttDttmraltli  nt  iiaBBarlyuarttH 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposal  for  a  legislative  amendment  of  the  consti- 
tution RESTORING  ANNUAL  SESSIONS  OF  THE  GENERAL 
COURT   AND   AN   ANNUAL   BUDGET. 

A  joint  session  of  the  Senate  and  House  of  Representatives  Proposed 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution  th^^coMtltu-*'" 
by  the  adoption  of  the  following  Article  of  Amendment,  to  ^^°^  restoring 
the  end  that  it  may  become  a  part  of  the  Constitution,  of  the  general 
if  similarly  agreed  to  in  a  joint  session  of  the  next  General  an^ua? budget. 
Court  and  approved  by  the  people  at  the  state  election  next 
following : 

ARTICLE    OF   AMENDMENT. 

Article  LXXII  of  the  amendments  to  the  constitution 
providing  for  biennial  sessions  of  the  general  court  and  a 
biennial  budget  is  hereby  annulled,  and  all  provisions  of 
this  constitution  and  of  the  amendments  thereto  which  were  « 
annulled  or  affected  by  said  Article  shall  have  the  same 
force  and  effect  as  though  said  Article  had  not  been  adopted. 

In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution  certified  to 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General  of1;hrcom-^ 
Court,  the  said  amendment  having  received  the  affirmative  monweaith 
votes  of  a  majority  of  all  the  members  elected;    and  it  is  to  the  next 
referred  to  the  next  General  Court  in  accordance  with  a  general  court, 
provision  of  the  Constitution. 

IRVING   N.   HAYDEN, 

Clerk  of  the  Joint  Session. 


1232 


Initiative  Petition. 


uli|e  Olummotuuraltl}  of  MwsBtxtl)UBHtB 


Initiative  peti- 
tion filed  to 
allow  physi- 
cians to  pro- 
vide medical 
contraceptive 
care  to  mar- 
ried persons 
for  the  pro- 
tection of  life 
or  health. 


Submission 
to  voters. 


Office   of   the   Secretahy, 

Boston,  August  6,  1941. 

Pursuant  to  the  provisions  of  Article  XL VIII  of  the 
Amendments  to  the  Constitution,  "The  Initiative,  II. 
Initiative  Petitions.  Section  3",  an  initiative  petition  was 
filed  in  this  office  September  4,  1940,  signed  by  ten  quali- 
fied voters  together  with  the  certification  of  the  Attorney- 
General  that  the  measure  was  in  proper  form  for  submission 
to  the  people,  and  the  remainder  of  more  than  the  required 
number  of  qualified  voters  (44,565)  was  filed  December  4, 
1940,  representing  that  there  was  need  for  legislation,  either 
by  the  general  court  or  by  the  people,  to  allow  physicians 
to  provide  medical  contraceptive,  care  to  married  persons 
for  the  protection  of  life  or  health,  accompanied  by  a  Bill 
entitled,  "An  Act  to  allow  physicians  to  provide  medical 
contraceptive  care  to  married  persons  for  the  protection  of 
life  or  health." 

Under  date  of  January  1,  1941,  said  petition  was  trans- 
mitted by  this  office  to  the  Clerk  of  the  House  of  Repre- 
sentatives and  was  thereby  deemed  to  be  introduced  and 
pending  in  the  general  court. 

The  general  court  at  its  biennial  session  of  1941,  after 
due  consideration  of  the  petition  and  its  accompanying 
Bill  (House  document  No.  2035)  failed  to  enact  the  law  in 
the  form  in  which  it  appeared  with  the  petition,  or  a  law  in 
any  form.  The  committee  on  public  health  of  the  general 
court  filed  a  majority  and  minority  report  which  was  printed 
as  House  document  No,  2539  for  the  year  1941. 

Said  petition  was  completed  by  the  acceptance  in  this 
office  August  6,  1941,  of  a  sufficient  number  (7,566)  of  addi- 
tionaHsignatures  of  qualified  voters  of  the  Commonwealth, 
andi'said  law  will  be  submitted  for  approval  or  disapproval 
by  the  people^at  the  state  election,  November  3,  1942, 

FREDERIC  W,  COOK, 

Secretary  of  the  Commonwealths 


Initiative  Petition.  1233 


®l|?  ffiommonmraltli  nf  iMa0HarI|UHrtta 


Office   of   the   Secretary, 

Boston,  August  6,  1941. 

Pursuant  to  the  provisions  of  Article  XL VIII  of  the  initiative  peti- 
Amendments   to   the    Constitution,    "The    Initiative.      II.  provide for°a 
Initiative  Petitions.     Section  3",  an  initiative  petition  was  workmenV""^ 
filed  in  this  office  November  6,  1940,  signed  by  ten  quali-  compensation. 
fied  voters  together  with  the  certification  of  the  Attorney 
General  that  the  measure  was  in  proper  form  for  submission 
to  the  people,  and  the  remainder  of  more  than  the  required 
number  of  qualified  voters  (24,190)  was  filed  December  4, 
1940,    representing    that    there    was    need    for    legislation, 
either  by  the  general  court  or  by  the  people,  to  provide  for 
a  state  fund  for  workmen's  compensation,  accompanied  by 
a  Bill  entitled,   "An  Act  providing  for  a  state  fund  for 
workmen's  compensation." 

Under  date  of  January  1,  1941,  said  petition  was  trans- 
mitted by  this  office  to  the  Clerk  of  the  House  of  Repre- 
sentatives and  was  thereby  deemed  to  be  introduced  and 
pending  in  the  general  court. 

The  general  court  at  its  biennial  session  of  1941,  after 
due  consideration  of  the  petition  and  its  accompanying 
Bill  (House  document  No.  2034)  failed  to  enact  the  law  in 
the  form  in  which  it  appeared  with  the  petition,  or  a  law  in 
any  form.  The  committee  on  state  administration  of  the 
general  court  filed  a  majority  and  minority  report  which 
was  printed  as  Senate  document  No.  704  for  the  year  1941. 

Said  petition  was  completed  by  the  acceptance  in  this  Submission 
office  August  6,   1941,  of  a  sufficient  number  (11,203) 'of  *°^^'""- 
additional  signatures  of  qualified  voters  of  the  Common- 
wealth, and  said  law  wiU  be  submitted  for  approval  or  dis- 
approval by  the  people  at  the  state  election,  November  3, 
1942. 

FREDERIC  W.  COOK, 
Secretary  oj  the  Commonwealth. 


1234  Acts  and  Resolves  Approved,  etc. 


NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
AND  LIST  OF  ACTS  VETOED  BY  THE  GOV- 
ERNOR AND  PASSED  OVER  HIS  VETO  AND 
ACT  DECLARED  EMERGENCY  LAW  BY  THE 
GOVERNOR  UNDER  AUTHORITY  OF  THE 
CONSTITUTION. 


The  general  court,  during  its  biennial  session  held  in 
1941,  passed  729  Acts  and  96  Resolves,  which  received 
executive  approval. 

The  governor  returned  27  Acts  and  1  Resolve  with  his 
objections  thereto  in  writing.  Upon  25  Acts  and  1  Resolve 
his  objections  were  sustained. 

Twenty-five  (25)  Acts  entitled,  respectively,  "An  Act 
providing  that  applicants  for  examination  for  admission  to 
the  bar  shall  not  be  restricted  as  to  the  number  of  exami- 
nations which  they  may  take";  "An  Act  authorizing  the 
town  of  Belmont  to  pension  Arthur  E.  Hough";  "An  Act 
further  regulating  fees  for  the  filing  of  petitions  for  admission 
as  attorneys  at  law";  "An  Act  authorizing  the  use  of  fac- 
similes of  the  seal  of  the  commonwealth  on  bonds  and  notes 
of  the  commonwealth";  "An  Act  to  authorize  the  town  of 
Brookline  to  pay  Thomas  E.  Fitzgerald  for  certain  expenses 
incurred  by  reason  of  injuries  received  by  him  when  struck 
by  a  baseball  in  the  performance  of  his  duties  as  baseball 
coach  for  Brookline  High  School";  "An  Act  relative  to 
the  board  of  health  in  the  city  of  Fall  River";  "An  Act 
further  regulating  the  number  of  licenses  that  may  be  issued 
in  cities  and  towns  for  the  sale  of  alcoholic  beverages"; 
"An  Act  extending  the  scope  of  provisions  of  law  concern- 
ing assets  of  an  insurance  company  credited  in  the  account 
of  its  financial  condition";  "An  Act  establishing  the  office 
of  third  assistant  clerk  of  the  municipal  court  of  the  Dor- 
chester district";  "An  Act  requiring  the  lessors  of  motor 
vehicles  under  the  drive-it-yourself  system  or  similar  sys- 
tems to  provide  certain  fiability  insurance  against  property 
damage";  "An  Act  relative  to  the  payment  by  the  com- 
monwealth of  certain  expenses  in  making  forecasts  and 
estimates  of  probable  new  construction  expenditures"; 
"An  Act  relative  to  abandoned  lots  in  cemeteries";  "An 
Act  authorizing  the  appointment  in  the  cities  of  Lynn  and 
Marlborough  of  additional  temporary  reserve  police  during 
the  period  of  the  national  emergency";  "An  Act  establish- 
ing a  forty-eight  hour  week  for  certain  employees  of  institu- 
tions of  certain  cities  and  towns";  "An  Act  relative  to  the 
granting  of  one  day  off  in  every  six  days  for  police  officers 


Acts  and  Resolves  Approved,  etc.  1235 

of  certain  cities  and  towns";  "An  Act  further  regulating 
the  hours  of  labor  of  certain  minors  in  bowhng  alleys  during 
certain  months";  "An  Act  providing  for  the  construction 
by  the  metropolitan  district  commission  of  a  fence  along 
portions  of  the  banks  of  the  Neponset  river  in  the  Hyde 
Park  section  of  the  city  of  Boston";  "An  Act  to  require 
the  licensing  and  supervision  by  the  Division  of  Insurance 
of  organizations  engaged  in  servicing  or  settling  personal 
injury  accidents  or  claims  of  employees";  "An  Act  further 
regulating  the  operation  in  this  commonwealth  of  motor 
vehicles  and  trailers  owned  by  certain  non-residents";  "An 
Act  providing  for  the  maintenance,  during  the  years  nine- 
teen hundred  and  forty-one  and  nineteen  hundred  and 
forty-two,  by  the  metropolitan  district  commission  of  the 
bath  house  at  Gerry's  Landing  in  the  city  of  Cambridge"; 
"An  Act  authorizing  the  city  of  Boston  to  increase  the 
amount  of  annuity  payable  by  it  to  the  widow  of  Thomas  J. 
Stevens";  "An  Act  requiring  the  metropolitan  district 
water  supply  commission  to  pay  a  certain  sum  of  money  to 
Guy  Marvel  of  Petersham";  "An  Act  allowing  members 
of  the  division  of  state  police  one  day  off  in  every  seven  and 
one  additional  night  off  in  each  week  without  loss  of  com- 
pensation, and  defining  the  terms  'Day  Off'  and  'Night 
Off'  for  such  purposes";  "An  Act  providing  for  the  reim- 
bursement by  the  commonwealth  of  municipalities  for  the 
loss  of  taxes  on  land  acquired  by  the  United  States  for 
certain  flood  control  projects";  "An  Act  relative  to  interest 
on  special  assessments  under  general  and  certain  special 
laws";  and  one  (1)  Resolve  entitled  "Resolve  providing 
for  an  investigation  by  the  attorney  general  and  the  com- 
mission on  administration  and  finance  relative  to  payments 
by  the  commonwealth  for  certain  work  performed  on  prop- 
erty of  the  commonwealth  in  addition  to  that  made  neces- 
sary by  the  hurricane  and  floods  of  September,  nineteen 
hundred  and  thirty-eight,  and  for  materials  furnished  in 
connection  with  said  additional  work"  were  passed  and 
laid  before  the  governor  for  his  approval;  were  returned  by 
him  with  his  objections  thereto,  to  the  branch  in  which  they 
respectively  originated;  were  reconsidered,  and  the  vote 
being  taken  on  their  passage,  the  objections  of  the  governor 
thereto  notwithstanding,  they  were  rejected,  and  said  acts 
and  resolve  thereby  became  void. 

Two  (2)  Acts  entitled,  respectively,  "An  Act  further 
regulating  the  hours  of  duty  of  permanent  members  of  fire 
departments  in  certain  cities  arid  towns"  (Chapter  638)  and 
"An  Act  estabhshing  an  old  age  assistance  fund  and  making 
certam  miscellaneous  changes  in  the  old  age  assistance  law, 
so  called"  (Chapter  729)  were  passed  and  laid  before  the 
governor  for  his  approval;  were  returned  by  him  with  his 
objections  thereto,  to  the  branch  in  which  they  respectively 
originated;  were  reconsidered,  agreeably  to  the  provisions 
of  the  constitution,  and  the  vote  being  taken  on  their  pas- 
sage, the  objections  of  the  governor  thereto  notwithstanding, 


1236  Acts  and  Resolves  Approved,  etc. 

they  were  passed,  and  said  acts  have  thereby  the  force  of 
law. 

"An  Act  making  appropriations  for  the  maintenance  of 
departments,  boards,  commissions,  institutions  and  certain 
activities  of  the  commonwealth,  for  interest,  sinking  fund 
and  serial  bond  requirements,  and  for  certain  permanent 
improvements"  was  returned  June  26,  1941,  by  the  governor 
to  the  house  of  representatives,  the  branch  in  which  said 
bill  originated,  with  his  objections  in  writing  to  the  follow- 
ing items  therein :  — 

Item  #1314-00  reduced  for  the  year  1941  to  $55,000, 
and  for  the  year  1942  to  S  .00;  Item  #1314-21  reduced  for 
the  year  1941  to  $1,200  and  for  the  year  1942  to  $  .00. 

Item  #0801-02  returned  with  the  recommendation  that 
it  be  amended  and  then  reduced  as  foUows:  "For  the  com- 
pensation of  assistants  in  his  office  and  for  such  other  legal 
and  personal  services  as  may  be  required,  including  not 
more  than  thirty-six  permanent  positions  and  excluding 
therefrom  any  compensation  for  a  cashier  for  which  no 
appropriation  is  made,  to  be  reduced  for  the  year  1941 
from  $124,000  to  $122,250  and  for  1942  from  $124,000  to 
$120,500." 

The  vote  being  taken  July  2,  1941,  on  Item  #0801-02,  the 
house  refused  to  sustain  the  objection  of  the  governor  by 
reason  of  a  ruling  by  the  speaker  on  a  point  of  order  that 
said  item  was  not  properly  before  the  house. 

The  vote  being  taken  July  3,  1941,  on  the  passage  of 
Items  #1314-00  and  #1314-21,  the  objections  of  the  gov- 
ernor thereto  were  sustained,  the  house  having  refused,  in 
each  instance,  to  pass  the  same. 

The  remainder  of  the  biU  (Chapter  419)  was  approved  by 
the  governor  June  26,  1941. 

One  (1)  Act  entitled  "An  Act  to  make  records  relating  to 
old  age  assistance,  aid  to  dependent  children  and  aid  to  the 
blind  confidential,  to  prohibit  the  misuse  of  such  records, 
to  create  a  penalty  for  such  misuse  and  to  provide  that  the 
laws  concerning  the  confidential  nature  of  such  records  may 
be  extended  to  apply  to  records  relating  to  general  public 
assistance"  (Chapter  630)  was  declared  to  be  an  emergency 
law  by  the  governor  in  accordance  with  the  provisions  of 
the  forty-eighth  amendment  to  the  Constitution  "The  Ref- 
erendum. II.  Emergency  Measures".  Said  Chapter  630 
thereby  took  effect  at  3.20  p.m.  on  August  21,  1941, 

The  general  court  was  prorogued  on  Saturday,  Novem- 
ber 1,  1941,  at  twelve  o'clock  and  thirteen  minutes,  a.m., 
the  session  having  occupied  305  days. 


ACTS 


PASSED    BY    THE 


^^tt^ral  (Enurt  nf  iiaaaartfuarttB 

AT   A 

SPECIAL  SESSION 
1942 


Convened  on  Monday,  the  Twenty-sixth  Day  of 

January,  and  Prorogued  on  Saturday,  the 

Thirty-first  Day  of  January,  1942 


ACTS,  SPECIAL  SESSION,  1942. 


An    Act    changing    the   name    of   the    Massachusetts  Chap.     1 

NAUTICAL     SCHOOL     TO      THE      MASSACHUSETTS      MARITIME 
ACADEMY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  ratify  immediately  the 
change  of  name  of  the  Massachusetts  Nautical  School  in 
order  to  comply  with  certain  federal  requirements,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 

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

Section  1.     The  name  of  the  Massachusetts  Nautical  Massachusetts 
School  is  hereby  changed  to  the  Massachusetts  Maritime  Academy. 
Academy. 

Section  2.     Section  nineteen  of  chapter  fifteen  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  ameAd^d.^  ^^' 
hereby  amended  by  striking  out,  in  the  second  line,  the  words 
"nautical  school"  and  inserting  in  place  thereof  the  words: 
—  maritime  academy,  —  so  as  to  read  as  follows :  —  Section  certain 
19.     The  trustees  of  the  Massachusetts  state  college,  the  sel^lng^in  the 
board  of  commissioners  of  the  Massachusetts  maritime  acad-  department. 
emy,  the  trustees  of  the  Bradford  Durfee  textile  school  of 
Fall  River,  the  trustees  of  the  Lowell  textile  institute  and 
the  trustees  of  the  New  Bedford  textile  school  shall  serve 
in  the  department. 

Section  3.     The  titles  preceding  section  twenty-two  of  Cwtain^ titles 
said  chapter  fifteen  and  section  forty-nine  of  chapter  seventy- 
four  of  the  General  Laws,  both  as  appearing  in  the  Tercen- 
tenary Edition,  are  respectively  changed  to  Massachusetts 
Maritime  Academy, 

Section  4.    Said  section  twenty-two,  as  so  appearing,  is  g.  l.  (Ter. 
hereby  amended  by  striking  out,  in  the  second  line,  the  amende^d.^  ^^' 
words  "nautical  school"  and  inserting  in  place  thereof  the 
words :  —  maritime  academy,  —  so  as  to  read  as  follows :  — 
Section  22.    There  shall  be  a  board  of  commissioners  of  the  Commissioners 
Massachusetts  maritime  academy  serving  in  the  department  chusett^mari- 
and  consisting  of  three  citizens  of  the  commonwealth,  one  ti"'e  apademy. 
of  whom  shall  annually  before  July  first  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  for 
three  years  from  said  day. 


1240 


Acts,  Special  Session,  1942.  —  Chap.  1, 


G.  L.  (Ter. 
Ed.).  74,  §  49, 
amended. 


Commissioners 
to  provide  and 
maintain  a 
nHutiral  school. 


G.  L.  (Ter. 
Ed.).  74,  §  53, 
amended. 

Annual  report. 


G.  L.  (Ter. 

Ed.),  149, 

§  36,  amended. 


Eight  hour 
day  not  appli- 
cable in  certain 
cases. 


Construction 
of  act. 


Effective 
date. 


Section  5.  Said  section  forty-nine,  as  so  appearing,  is 
hereby  amended  by  striking  out  the  words  "nautical  school" 
the  first  time  such  words  appear  in  the  second  line,  and  in- 
serting in  place  thereof  the  words :  —  maritime  academy,  — 
so  as  to  read  as  follows :  —  Section  49.  The  board  of  com- 
missioners of  the  Massachusetts  maritime  academy  shall  pro- 
vide and  maintain  a  nautical  school  for  the  instruction  of 
students  in  the  science  and  practice  of  navigation,  accommo- 
dations therefor  on  board  a  proper  vessel,  books,  stationery, 
apparatus  and  supplies  needed  in  the  work  thereof,  and  ap- 
point and  remove  necessary  instructors  and  other  employees, 
determine  their  compensation,  fix  the  terms  upon  which 
students  shall  be  received  and  instructed  therein  and  dis- 
charged therefrom,  make  all  regulations  necessary  for  its 
management  and  provide  from  time  to  time  for  cruises  in 
or  from  Boston  harbor. 

Section  6.  Said  chapter  seventy-four  is  hereby  further 
amended  by  striking  out  section  fifty-three,  as  so  appearing, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 63.  The  commissioner  shall  make  an  annual  report  rela- 
tive to  the  Massachusetts  maritime  academy. 

Section  7.  Section  thirty-six  of  chapter  one  hundred 
and  forty-nine  of  the  General  Laws,  as  so  appearing,  is 
hereby  amended  by  striking  out,  in  the  ninth  line,  the  words 
"nautical  school"  and  inserting  in  place  thereof  the  words: 
—  maritime  academy,  —  so  as  to  read  as  follows :  —  Sec- 
tion 36.  Sections  thirty,  thirty-one  and  thirty-four  shall  not 
apply  to  the  preparation,  printing,  shipment  and  delivery 
of  ballots  to  be  used  at  a  caucus,  primary,  state,  city  or 
town  election,  nor  during  the  sessions  of  the  general  court 
to  persons  employed  in  legislative  printing  or  binding;  nor 
shall  they  apply  to  persons  employed  in  any  state,  county 
or  municipal  institution,  on  a  farm,  or  in  the  care  of  the 
grounds,  in  the  stable,  in  the  domestic  or  kitchen  and  dining 
room  service  or  in  store  rooms  or  offices,  or  to  persons  em- 
ployed by  the  commissioners  of  the  Massachusetts  maritime 
academy,  on  boats  maintained  by  the  state  police  for  the 
enforcement  of  certain  laws  in  the  waters  of  the  common- 
wealth, or  in  connection  with  the  care  and  maintenance  of 
state  armories,  or  to  the  purchase,  operation  or  lease  of 
farm  machinery  by  the  department  of  agriculture. 

Section  8.  When  used  in  any  statute,  ordinance,  by- 
law, rule  or  regulation,  the  phrase  "Massachusetts  Nautical 
School",  or  any  words  connoting  the  same,  shall  mean  the 
Massachusetts  Maritime  Academy,  unless  a  contrary  intent 
clearly  appears. 

Section  9.  This  act  shall  take  effect  as  of  December 
eleventh,  nineteen  hundred  and  forty-one. 

Approved  January  31,  1942. 


Acts,  Special  Session,   1942.  —  Chaps.  2,  3.  1241 


An  Act  penalizing  the  stealing,  attempted  stealing  Qfidj)       2 
OR  conspiracy  to  steal,  certain  rationed  property 

AT   ANY    time,   OR  ANY  PROPERTY    DURING    CERTAIN   EMER- 
GENCIES. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 

I-.  i...,.  T  .  /.  preamble. 

to  defeat  its  purpose,  which  is  the  immediate  protection  of 
the  property  of  the  inhabitants  of  the  commonwealth,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  safety  and  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever  steals  or  attempts  to  steal  any  tire, 
food  or  other  property  rationed  by  the  federal  government 
or  any  agency  thereof,  or  by  the  commonwealth,  shall  be 
punished  by  imprisomnent  in  the  state  prison  for  not  more 
than  five  years  or  in  a  jail  or  house  of  correction  for  not  more 
than  two  and  one  half  years. 

Section  2.  Whoever  steals  or  attempts  to  steal  any 
property  during  a  period  of  air  raid  alarm  or  during  a  black- 
out or  during  an  invasion  or  insurrection  shall  be  punished 
by  the  penalty  provided  in  section  one. 

Section  3.  Whoever  conspires  with  one  or  more  other 
persons  to  commit,  or  to  procure  or  cause  to  be  committed, 
any  offense  punishable  under  section  one  or  two,  shall  be 
punished  by  the  penalty  provided  in  section  one. 

Section  4.  This  act  shall  be  in  effect  during  the  continu- 
ance of  the  existing  state  of  war  between  the  United  States 
and  any  foreign  country.  Approved  January  31,  1942. 


Chap. 


An  Act  making  changes  in  the  highway  and  reserve 
fund  appropriations  for  the  fiscal  year  nineteen 
hundred  and  forty-two  for  certain  counties. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^'^ambre^^ 
to  defeat  its  purpose,  which  in  part  is  to  make  immediate 
provision  for  meeting  certain  count}^  civilian  defense  and 
other  war  problems,  therefore  it  is  hereby  declared  to  be 
an  emergenc}^  law,  necessary  for  the  immediate  preservation 
of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  five  hundred  and 
twentj'-eight  of  the  acts  of  nineteen  hundred  and  forty-one 
is  hereby  amended  by  striking  out,  under  the  headings  for 
the  several  counties  hereinafter  referred  to,  in  item  16  in 
each  case,  the  sum  appropriated  for  the  fiscal  year  nineteen 
hundred  and  forty-two,  and  inserting  in  place  thereof  the 
following  sums,  respectively : 

(Barnstable  county) $33,383  33 

(Berkshire  county) 39.500  00 

(Bristol  county) 30,600  00 


1242 


Acts,  Special  Session,  1942.  —  Chap.  4. 


(Dukes  county)  . 
(Essex  county) 
(Franklin  county) 
(Hampden  county) 
(Hampshire  county) 
(Middlesex  county) 
(Norfolk  county) 
(Plymouth  county) 
(Worcester  county) 


$5,100  00 

187,300  00 

20.000  00 

48,000  00 

35,000  00 

138,000  00 

51,000  00 

70,800  00 

146,430  00 


Section  2.  Said  section  one  is  hereby  further  amended 
by  striking  out,  under  the  headings  for  the  several  counties 
hereinafter  referred  to,  in  item  31  in  each  case,  the  sum  ap- 
propriated for  the  fiscal  year  nineteen  hundred  and  forty- 
two,  and  inserting  in  place  thereof  the  following  sums, 
respectively : 


(Barnstable  county) 
(Berkshire  county) 
(Bristol  county) 
(Dukes  county)  . 
(Essex  county)    . 
(Franklin  county) 
(Hampden  county) 
(Hampshire  county) 
(Middlesex  county) 
(Norfolk  county) 
(Plymouth  county) 
(Worcester  county) 


$10,000  00 

7,500  00 

9,000  00 

1,500  00 

15,000  00 

5,000  00 

12,500  00 

7,000  00 

20,000  00 

12,500  00 

10,000  00 

12,500  00 


Approved  January  SI,  19J!^2. 


Chap.     4  An  Act  authorizing  investments  by  cities  and  towns 

IN  UNITED  STATES  DEFENSE  OR  OTHER  BONDS,  REGULAT- 
ING THE  MAKING  OF  CERTAIN  MUNICIPAL  EMERGENCY 
LOANS,  THE  EXPENDITURE  OF  CERTAIN  MUNICIPAL  EMER- 
GENCY FUNDS,  AND  THE  TRANSFER  OF  CERTAIN  APPRO- 
PRIATIONS IN  THE  CITY  OF  BOSTON,  AUTHORIZING  CERTAIN 
EMERGENCY  APPROPRIATIONS  BY  DISTRICTS,  PROVIDING  FOR 
THE  FILLING  OF  VACANCIES  IN  CERTAIN  ELECTIVE  OFFICES 
IN  DISTRICTS,  AND  AUTHORIZING  CITIES  AND  TOWNS  TO 
CONTRACT  WITH  THE  UNITED  STATES  FOR  THE  USE  AND 
OCCUPATION    OF   CERTAIN   MUNICIPAL   PROPERTY. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  in  part  is  to  empower  the  cities, 
towns  and  districts  of  the  commonwealth  to  take  without 
delay  in  the  existing  emergency  of  war  the  action  provided 
for  therein,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  During  the  continuance  of  the  existing  state 
of  war  between  the  United  States  and  any  foreign  country, 
any  city  or  town  is  hereby  authorized  to  invest,  in  defense 
bonds  or  other  bonds  issued  by  the  federal  government,  a 


Acts,  Special  Session,  1942.  —  Chap.  4.  ,1243 

sum  or  sums  not  exceeding,  in  the  aggregate,  in  any  year 
one  tenth  of  one  per  cent  of  the  assessed  valuation  of  real 
estate  and  tangible  personal  property  therein  in  the  preced- 
ing year.  The  aggregate  amount  so  invested  and  all  in- 
terest earned  thereon  shall  be  set  up  as  a  separate  fund  in 
the  custody  of  the  treasurer  thereof,  who  is  hereby  author- 
ized, in  case  any  bond  held  in  the  fund  matures  or  is  called, 
to  reinvest,  with  the  approval  of  the  mayor  or  selectmen, 
the  proceeds  so  received  in  defense  or  other  bonds  issued 
by  the  federal  government.  No  bonds  held  under  this  act 
may  be  sold  prior  to  the  termination  of  the  existing  state  of 
war. 

The  proceeds  from  the  sale  of  any  such  bonds  shall  be 
used  only  for  purposes  for  which  the  city  or  town  may  bor- 
row money  for  a  period  of  not  less  than  ten  years  in  accord- 
ance with  sections  seven  and  eight  of  chapter  forty-four  of 
the  General  Laws;  provided,  that  such  proceeds  may,  in 
each  instance  with  the  approval  of  the  board  established 
under  section  one  of  chapter  forty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  be  appropriated  and  used  in 
whole  or  in  part  for  other  purposes. 

Said  board  in  giving  its  approval  shall  give  especial  con- 
sideration to  necessities  then  existing  in  such  city  or  town 
involving  rehabilitation  following  the  war  or  due  to  unem- 
ployment conditions  or  otherwise. 

The  members  of  the  board  aforesaid,  when  acting  under 
this  section  or  section  two,  shall  receive  from  the  common- 
wealth 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  2.  No  loan  shall  be  made  by  a  city  or  town 
under  authority  of  chapter  four  hundred  and  eighty-seven 
of  the  acts  of  nineteen  hundred  and  forty-one  without  the 
approval  of  said  board.  Notwithstanding  any  provision  of 
general  or  special  law,  ordinance  or  by-law  to  the  contrary, 
a  loan  order  voted  in  any  city  under  authority  of  said  chap- 
ter four  hundred  and  eighty-seven  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,  and  a  loan  order  voted  in  any  town  under  said 
authority  shall  be  in  full  force  and  effect  immediately  upon 
final  favorable  action  thereon  by  its  inhabitants  or  its  town 
meeting  members,  as  the  case  may  be;  provided,  that  in  the 
city  of  Boston  such  loan  orders  may  be  passed  in  the  man- 
ner provided  in  its  charter  for  loan  orders  for  temporary 
loans  in  anticipation  of  taxes.  In  any  city  a  loan  order 
under  authority  of  chapter  ninety-two  of  the  acts  of  nine- 


1244  Acts,  Special  Session,  1942.  —  Chap.  4. 

teen  hundred  and  forty-one  or  of  said  chapter  four  hundred 
and  eighty-seven  may  be  passed  by  vote  of  two  thirds  of  all 
of  the  members  of  the  city  council,  or  of  each  branch  thereof 
where  there  are  two  branches,  exclusive  of  those  members 
who  are  in  the  military  or  naval  forces  of  the  United  States 
and  are  not  present  at  the  meeting  at  which  any  such  vote 
is  taken  at  the  time  of  the  vote,  notwithstanding  any  pro- 
vision of  law  to  the  contrary. 

Section  3.  During  the  continuance  of  the  existing  state 
of  war  between  the  United  States. and  any  foreign  country, 
notwithstanding  the  provisions  of  section  three  B  of  chapter 
four  hundred  and  eighty-six  of  the  acts  of  nineteen  hundred 
and  nine,  inserted  in  said  chapter  by  section  one  of  chapter 
six  hundred  and  four  of  the  acts  of  nineteen  hundred  and 
forty-one,  the  vote  required  for  approval  by  the  city  coun- 
cil of  the  city  of  Boston  of  any  transfer  of  appropriation, 
other  than  a  loan  appropriation,  shall  be  by  a  yea  and  nay 
vote  of  a  majority  of  all  the  members  of  the  city  council. 

Section  4.  During  the  continuance  of  the  existing  state 
of  war  between  the  United  States  and  any  foreign  country, 
all  funds  granted  or  allocated  by  the  federal  government  or 
by  the  commonwealth  to  a  city  or  town  for  civilian  defense 
purposes  may  be  expended  without  appropriation  in  accord- 
ance with  the  terms  of  said  grants  or  allocations. 

Section  5.  The  provisions  of  said  chapter  four  hundred 
and  eighty-seven,  so  far  as  apt,  are  hereby  made  applicable 
to  fire,  water,  light  and  improvement  districts. 

Section  6.  In  case  any  elected  officer  of  a  fire,  water, 
light  or  improvement  district  is  unable  to  perform  the  duties 
of  his  office  by  reason  of  service  in  the  military  or  naval  forces 
of  the  United  States  during  the  existing  state  of  war  between 
the  United  States  and  any  foreign  country,  a  majority  of 
the  members  of  a  board  established  as  hereinafter  provided 
may  in  writing  appoint  an  acting  officer  who  in  the  absence 
of  such  absent  officer  shall  possess  all  the  rights  and  powers, 
perform  all  the  duties  and  be  subject  to  all  the  obligations 
of  said  office  until  the  expiration  of  the  term  of  the  absent 
officer  or  until  his  return,  whichever  first  occurs.  Said  board 
shall  consist  of  the  prudential  committee  or  body  having 
like  powers,  or,  in  filling  a  vacancy  in  any  other  elective 
body  of  any  such  district,  the  members  of  such  other  body, 
and  in  addition  in  each  case  the  district  clerk  and  the  dis- 
trict treasurer;  provided,  that  any  such  officer  shall  not  be 
a  member  of  such  board  when  his  office  is  being  filled.  No 
member  of  any  such  board  shall  ^have  more  than  one 
vote. 

A  person  appointed  under  this  section  shall  not  receive 
compensation  from  the  district  for  service  as  such  acting 
officer  but  his  compensation  therefor,  if  any,  shall  be  paid 
by  the  absent  officer.  The  district  treasurer,  when  so  au- 
thorized by  the  absent  officer,  may  make  payment  to  such 
acting  officer,  and  in  such  case  shall  charge  such  payments 
to  the  account  of  the  salary  provided  for  the  absent  officer. 


Acts,  Special  Session,  1942.  —  Chap.  5.  1245 

Section  7.  Cities  and  towns  are  hereby  authorized,  dur- 
ing the  continuance  of  the  existing  state  of  war  between  the 
United  States  and  any  foreign  country,  to  enter  into  con- 
tracts for  the  use  and  occupation  by  the  United  States  of 
any  properties,  real  or  personal,  owned  or  held  by  them. 

Approved  January  31,  191^2. 


An  Act  establishing  in  the  commonwealth  daylight  Chap.     5 

SAVING    time,    so    CALLED,    COINCIDING    WITH    SUCH    TIME 
AS     ESTABLISHED     BY     THE      CONGRESS     OF     THE     UNITED 

STATES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^^^^^^^ 
to  defeat  its  purpose,  which  in  part  is  to  put  in  effect  in  this 
commonwealth  daylight  saving  time,  so  called,  coinciding 
with  such  time  as  established  by  the  congress  of  the  United 
States,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  At  two  o'clock  ante-meridian  of  the  ninth 
day  of  February  of  the  current  year,  the  standard  time  in 
this  commonwealth  shall  be  advanced  one  hour,  so  that  the 
resulting  time  will  be  the  same  as  the  standard  time  for  the 
time  zone  wherein  the  commonwealth  is  situated  as  advanced 
under  an  act  of  congress,  entitled  "An  Act  to  promote  the 
National  Security  and  Defense  by  Establishing  Daylight 
Saving  Time",  approved  January  20,  1942.  At  two  o'clock 
ante-meridian  of  the  day  on  which  the  standard  time  for  the 
time  zone  wherein  this  commonwealth  is  situated  shall  be 
returned  by  operation  of  federal  law  to  the  mean  astronomi- 
cal time  of  the  degree  of  longitude  governing  the  standard 
time  for  such  zone,  the  standard  time  in  this  commonwealth 
shall  be  returned  to  said  mean  astronomical  time;  provided, 
that  if  the  stan.dard  time  in  this  commonwealth,  as  advanced 
under  this  act,  would  under  the  foregoing  provisions  be  re- 
turned to  said  mean  astronomical  time  between  two  o'clock 
ante-meridian  of  the  last  Sunday  in  April  and  two  o'clock 
ante-meridian  of  the  last  Sunday  in  September  in  any  year, 
said  standard  time,  as  so  advanced,  shall  be  returned  to  said 
mean  astronomical  time  at  two  o'clock  ante-meridian  of  said 
last  Sunday  in  September.  In  all  laws,  statutes,  orders,  de- 
crees, rules  and  regulations  relating  to  the  time  of  perform- 
ance of  any  act  by  any  officer,  department  or  commission  of 
the  commonwealth,  or  of  any  county,  city,  town  or  district 
thereof,  or  relating  to  the  time  in  which  any  rights  shall 
accrue  or  determine,  or  within  which  any  act  shall  or  shall 
not  be  performed  by  any  person  subject  to  the  jurisdiction 
of  the  commonwealth,  and  in  all  the  public  schools  and  in 
all  institutions  of  the  commonwealth,  or  of  any  county,  city, 
town  or  district  thereof,  and  in  all  contracts  or  choses  in 
action  made  or  to  be  performed  in  the  commonwealth,  it 


1246 


Acts,  Special  Session,  1942.  —  Chaps.  6,  7. 


Chap. 


Emergency 
preamble. 


shall  be  understood  and  intended  that  the  time  shall  be  the 
standard  time  in  this  commonwealth  as  advanced  under  this 
act. 

Section  2.  While  the  standard  time  in  this  common- 
wealth, as  advanced  under  section  one,  is  in  effect,  section 
ten  of  chapter  four  of  the  General  Laws  shall  be  inopera- 
tive; and  thereafter  said  section  ten  shall  have  full  force 
and  effect.  Approved  January  31,  19/^2. 

6  An  Act  terminating  the  existence  of  the  Massachu- 
setts EMERGENCY  COMMISSION  AND  TRANSFERRING  ITS 
POWERS  AND  DUTIES  TO  THE  GOVERNOR'S  COMMITTEE  ON 
PUBLIC    SAFETY. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  immediatelj'^  for 
more  simplified  control  of  defense  measures  during  the  exist- 
ing state  of  war,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  existence  of  the  Massachusetts  emergency  commis- 
sion is  hereby  terminated,  and  the  powers  and  duties  of  said 
commission  shall  hereafter  be  exercised  and  performed  by 
the  governor's  committee  on  public  safety,  which  is  hereby 
authorized  to  act  by  and  through  an  executive  committee 
chosen  by  it  in  such  manner  as  it  may  determine.  The 
executive  director  of  said  governor's  committee  shall  file  with 
the  state  secretary  a  list  of  the  members  of  said  executive 
committee  as  constituted  from  time  to  time.  All  members 
and  employees  of  said  governor's  committee  shall  be  citizens 
of  the  United  States  or  of  an  allied  nation. 

Approved  January  31,  191^2. 


Chap.     7 


Emergency 
preamble. 


An  Act  authorizing  the  withholding  from  the  com- 
pensation PAYABLE  to  EMPLOYEES  OF  THE  COMMON- 
WEALTH or  ANY  OF  ITS  POLITICAL  SUBDIVISIONS  OF 
AMOUNTS  DESIGNATED  BY  SUCH  EMPLOYEES  FOR  THE 
PURCHASE   FOR   THEM   OF  UNITED   STATES   DEFENSE   BONDS. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  encourage  the  immediate 
purchase  of  United  States  Defense  Bonds  by  certain  public 
employees,  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: 

The  treasurer  or  other  official  having  charge  of  the  pay 
rolls  of  the  commonwealth  or  any  of  its  political  subdivisions 
may  withhold  on  each  pay  day  such  amount  of  the  compen- 
sation of  any  employee  on  such  pay  roll  as  may  be  specified 


Acts,  Special  Session,   1942. — Chaps.  8,  9.  1247 

by  a  writing,  signed  by  the  employee  and  filed  with  said 
treasurer  or  other  official,  for  the  purchase  for  such  employee 
of  defense  bonds  issued  by  the  federal  government.  Such 
withholding  of  the  compensation  of  any  employee  shall  cease 
upon  the  filing  by  him  with  said  treasurer  or  other  official 
of  a  writing  requesting  such  cessation.  That  portion  of  the 
compensation  withheld  or  to  be  withheld  under  this  act  shall 
not  be  attached  or  taken  upon  execution  or  other  process. 

Approved  January  31,  1942. 

An  Act  authorizing  the  department  of  public  health  nhnj)      Q 
TO  require  the  providing  of  equipment  for  public  "' 

WATER  supplies  MADE  NECESSARY   BY   THE   EXISTENCE  OF 
THE    PRESENT   STATE   OF   WAR. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  protect  the  public  health  ^'^^'"" 
during  the  existing  state  of  war,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  health. 

Be  it  enacted,  etc.,  as  follows: 

If  the  department  of  public  health  determines  that,  dur- 
ing the  existence  of  the  present  state  of  war,  it  is  necessary 
for  a  city,  town,  district  or  water  company  maintaining  a 
water  supply  to  provide  equipment  for  such  supply,  includ- 
ing treatment  equipment,  or  additions  to  existing  equipment, 
for  the  protection  of  the  public  health,  said  department  may 
order  such  city,  town,  district  or  company  to  provide  such 
equipment  or  to  make  such  additions  to  any  existing  equip- 
ment. The  supreme  judicial  or  the  superior  court  shall  have 
jurisdiction  in  equity  to  enforce  any  such  order. 

Approved  January  31,  1942. 

An  Act  providing  for  the  establishment  in  the  state 
treasury  of  a  surplus  commodity  stamp  trust  fund 
and  regulating  the  administration  thereof. 

Whereas,  This  act  provides  for  further  co-operation  by  Emergency 
the  commonwealth  with  the  federal  government  in  the  p""^*"***'^- 
matter  of  the  carrying  out  of  the  Federal  Surplus  Com- 
modity Stamp  Plan,  so  called,  and  should  take  effect  with- 
out delay,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  pubUc 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  created  in  the  state  treasury 
a  fund,  to  be  known  as  the  Commonwealth  Stamp  Plan 
Fund,  which  shall  be  administered  and  used  as  hereinafter 
provided.  Said  fund  shall  consist  of  the  proceeds  of  loans 
made  by  the  commonwealth  for  the  purposes  of  said  fund, 
of  moneys  received  from  the  sale,  delivery  or  redelivery  of 
food  order  stamps  and  cotton  order  stamps,  or  stamps  of  a 


Chap. 


1248  Acts,  Special  Session,  1942.  —  Chap.  10. 

similar  nature,  issued  by  or  under  agreement  with  the  Sur- 
plus Marketing  Administration  of  the  United  States  Depart- 
ment of  Agriculture,  or  any  successor  to  said  administration, 
and  of  moneys  allocated  or  granted  to  the  commonwealth 
by  the  federal  government  or  received  from  any  other  source 
for  the  purposes  of  said  fund. 

Said  fund  shall  be  administered  in  trust  and  used  solely 
for  the  acquisition  of  stamps  issued  as  aforesaid.  In  the 
event  that  the  commonwealth  abandons  or  discontinues  its 
activities  in  acquiring  and  distributing  such  stamps,  any 
balance  remaining  in  said  fund,  after  first  being  used  to  pay 
all  expenses,  loans,  or  costs  in  connection  with  said  fund  or 
for  its  purposes,  shall  be  credited  to  the  Commodities  Sal- 
vage Fund  in  the  state  treasury. 

The  acquisition  and  distribution  of  such  stamps  shall  be 
carried  out  by  the  commissioner  of  public  welfare  under 
authority  of  chapter  six  hundred  and  thirty-four  of  the  acts 
of  nineteen  hundred  and  forty-one,  or  otherwise  under  the 
supervision  of  the  governor  and  council. 

All  moneys  received  on  account  of  said  fund  shall  be  kept 
and  accounted  for  by  the  state  treasurer  in  the  same  manner 
as  other  moneys  of  the  commonwealth,  except  that  such 
moneys  shall  be  segregated  and  deposited  in  a  separate 
account,  that  said  fund  shall  constitute  a  continuing  trust 
fund,  and  that  the  annual  balances  shall  be  carried  forward 
and  shall  remain  continuously  available  to  the  said  commis- 
sioner solely  for  the  purposes  of  this  act. 

Section  2.  For  the  purpose  of  establishing  the  aforesaid 
fund,  the  state  treasurer  shall  issue,  and  may  renew,  notes 
of  the  commonwealth;  provided,  that  the  total  indebtedness 
of  the  commonwealth  under  this  section  outstanding  at  any 
one  time  shall  not  exceed  one  million  dollars.  Such  notes 
shall  be  issued  for  such  term  of  years  as  may  be  recommended 
by  the  governor,  in  accordance  with  section  3  of  Article 
LXII  of  the  amendments  to  the  constitution  of  the  com- 
monwealth, and  shall  bear  interest  at  such  rate  as  shall  be 
fixed  by  the  state  treasurer,  with  the  approval  of  the  gover- 
nor and  council.  All  notes  issued  under  this  section  shall 
be  signed  by  the  state  treasurer,  approved  by  the  governor 
and  countersigned  by  the  comptroller.  All  interest  due  on 
such  notes,  together  with  all  expenses  and  costs  incurred  in 
connection  therewith,  shall  be  paid  from  said  Commodities 
Salvage  Fund  to  the  extent  thereof. 

Approved  January  31,  19Jf2. 

Chap.   10  An  Act  granting  the  consent  of  the  commonwealth  to 

THE  acquisition  BY  THE  UNITED  STATES  OF  AMERICA  OF 
certain  LANDS  FOR  THE  PURPOSES  OF  THE  VETERANS* 
ADMINISTRATION  FACILITY  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America, 


Acts,  Special  Session,  1942.  —  Chap.  10.  1249 

by  purchase,  for  use  as  a  Veterans'  Administration  Facility 
in  the  city  of  Boston,  of  a  certain  tract  of  land  situated  in 
and  formerly  owned  by  said  city,  bounded  and  described  as 
follows :  —  Beginning  at  a  point  on  the  northwesterly  side 
line  of  Spring  St.,  at  its  intersection  with  the  southerly  side 
line  of  Webster  St.,  thence  running  north  32°  12'  58"  west 
along  said   southerlj^  Hne   of  Webster   St.,   four   hundred 
ninety-seven  and  31/100  (497.31)  feet;   thence  turning  and 
running  north  46°  5'  50"  east  along  the  northwesterly  side 
line  of  Linden  St.,  eighty-eight  and  39/100  (88.39)  feet; 
thence  turning  and  running  north  43°  54'  10"  west  by  land 
now  or  formerl}'-  of  Frederick  J.  Broderick,  one  hundred  nine- 
teen (119)  feet;  thence  turning  and  running  north  56°  18'  00" 
east  by  said  land  now  or  formerly  of  Frederick  J.  Broderick, 
sixty-six  and  70/100   (66.70)   feet;    thence  running  north 
67°  17'  4"  east  by  said  land  now  or  formerly  of  Frederick  J. 
Broderick,  one  hundred  twentj^-five  and  35/100   (125.35) 
feet;  thence  running  north  72°  12'  42"  east  by  said  land  now 
or  formerly  of  Frederick  J.  Broderick,  fifty-four  and  55/100 
(54.55)  feet;    thence  turning  and  running  north  5°  46'  13" 
east  by  land  now  or  formerly  of  John  F.  Roche  et  al,  one 
hundred   and   thirty-six    (136)    feet;     thence   turning   and 
running  North  84°  13'  47"  West  along  the  southerly  side 
line  of  Wychff  Ave.,  forty-five  (45)  feet;    thence  turning 
and  running  North  5°  46'  13"  East  by  the  westerly  side  line  • 
of  said  Wychff  Ave.,  one  hundred  seventy-five  (175)  feet; 
thence  turning  and  running  North  84°  13'  47"  West  by 
lands  now  or  formerly  of  John  J.  Fox  et  al.,  John  McLaugh- 
lin et  al,  G.  Graves  Piper  et  al.  Marguerite  K.  Callahan, 
Katherine  Noon,  Frederick  J.  Murphy  et  al,  John  J.  OKeefe, 
Theodore  Wiley  et  al,  and  Ralph  W.  Redmond  respectively, 
five  hundred  eighty-eight  and  97/100  (588.97)  feet;   thence 
turning  and  running  South  15°  43'  55"  West  by  the  easterly 
side  line  of  Veterans  of  Foreign  Wars  Parkway  one  hun- 
dred seven  and  56/100   (107.56)   feet;    thence  continuing 
along  said  easterlj^  side  hne  of  Veterans  of  Foreign  Wars 
Parkway  by  a  curved  hne  of  a  radius  2,470.00  feet,  four  hun- 
dred twenty-seven  and  74/100  (427.74)  feet;  thence  running 
South  25°  39'  15"  West  along  said  easterly  side  hne  of  Vet- 
erans of  Foreign  Wars  Parkway  four  hundred  eighty-nine 
and    14/100    (489.14)   feet;    thence   continuing  along  said 
easterly  side  hne  of  Veterans  of  Foreign  Wars  Parkway  by 
a  curved  line  of  a  radius  of  800  feet,  eight  hundred  four  and 
48/100  (804.48)  feet;  thence  running  south  31°  57'  45"  East 
along  said  easterly  side  line  of  Veterans  of  Foreign  Wars 
Parkway   two   hundred   twenty-one    and   68/100    (221.68) 
feet;  thence  running  by  a  curved  fine  of  a  radius  of  50  feet 
by  the  northerly  side  hne  of  the  Veterans  of  Foreign  Wars 
Parkway  ninety-two  and  20/100  (92.20)  feet  to  the  north- 
westerly side  hne  of  Spring  St.;    thence  running  north  42° 
23'  22"  East  along  said  northwesterly  side  line  of  Spring 
St.,  eight  hundred  sixteen  and  90/100  (816.90)  feet;   thence 
running  North  44°  57'  1"  East  along  said  northwesterly  side 


1250  Acts,  Special  Session,  1942. — Chap.  11. 

line  of  Spring  St.  three  hundred  seventy-one  and  46/100 
(371.46)  feet  to  the  point  of  beginning.  Containing  approxi- 
mately 1,308,848  square  feet  (30  1/25  Acres)  of  land  more 
or  less;  excepting  and  reserving  therefrom  the  right  and 
easement  in  the  City  of  Boston  to  maintain,  extend  and 
construct  surface  drainage  sewerage  works  in  and  through 
the  above  bounded  and  described  parcel  of  land  in  the  loca- 
tion shown,  bounded  and  described  on  the  plan  hereinafter 
referred  to. 

The  above  described  parcel  of  land  and  all  of  said  measure- 
ments together  with  the  location  within  which  the  City  of 
Boston  excepts  and  reserves  the  right  and  easement  to 
maintain,  extend  and  construct  surface  drainage  sewerage 
works  are  shown  on  a  plan  marked  "  'City  of  Boston, 
Spring  St.,  Veterans  of  Foreign  Wars  Parkway,  Gardner 
St.,  Wycliff  Ave.,  Linden  St.,  Webster  St.,  West  Roxbury, 
Mar.  28,  1941,  Wm.  J.  SulUvan,  Chief  Engineer  Street 
Laying-Out  Department '  —  '  Plan  of  land  in  West  Rox- 
bury District  belonging  to  the  City  of  Boston.  Scale  80 
Feet  to  an  inch,'  on  file  in  the  office  of  the  Street  Laying- 
Out  Department,  City  Hall,  Boston,  Massachusetts." 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth 
shall  retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  insofar  that  all  civil  processes, 
and  such  criminal  processes  as  may  issue  under  the  authority 
of  the  commonwealth  against  any  person  or  persons  charged 
with  crimes  committed  without  said  lands  and  all  processes 
for  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  granted;  provided,  that  the  exclusive 
jurisdiction  in  and  over  such  lands  shall  revert  to  and  revest 
in  the  commonwealth  whenever  such  lands  shall  cease  to  be 
used  for  the  purpose  set  forth  in  section  one. 

Section  3.  This  act  shall  take  full  effect  upon  the  filing 
in  the  ofiice  of  the  state  secretary  of  a  suitable  plan  of  the 
lands  described  in  section  one,  but  not  otherwise. 

Approved  January  31,  1942. 

Chav.    11  An  Act  to  provide  war  allowance,  state  and  military 

AID  AND  soldiers'  RELIEF  FOR  CERTAIN  RESIDENTS  OF 
THE  COMMONWEALTH  IN  THE  MILITARY  OR  NAVAL  SERV- 
ICE OF  THE  UNITED  STATES  AND  THEIR  DEPENDENTS,  AND 
TO  PROVIDE  FOR  THE  BURIAL  OF  CERTAIN  INDIGENT 
SOLDIERS,  SAILORS  OR  MARINES,  THEIR  WIVES,  WIDOWS, 
DEPENDENT   FATHERS,    MOTHERS  AND   CHILDREN- 

p^&mUe^  Whereas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  provide  immediate  finan- 
cial assistance  to  certain  soldiers,  sailors  and  marines  in 
the  service  of  the  United  States  and  to  their  dependent 


Acts,  Special  Session,  1942.  —  Chap.  11.  1251 

relatives,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessar}'-  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Any  city  or  town,  acting  by  the  officers 
authorized  by  law  'to  furnish  state  and  military  aid,  may, 
during  the  continuance  of  the  existing  state  of  war  between 
the  United  States  and  any  foreign  country  and  for  six  months 
thereafter,  provide  a  war  allowance  for  the  dependent  rela- 
tives of  any  soldier  or  sailor,  which  terms,  for  the  purposes 
of  this  act,  are  hereby  defined  as  in  section  one  of  chapter 
one  hundred  and  fifteen  of  the  General  Laws,  in  the  mili- 
tary or  naval  service  of  the  United  States  during  said  state 
of  war  which,  for  the  purposes  of  this  act,  shall  be  deemed 
to  have  begun  on  September  sixteenth,  nineteen  hundred 
and  forty;  provided,  that  on  said  September  sixteenth  or, 
if  after  said  date  said  soldier  or  sailor  entered  said  service  or 
was  recalled  thereto  or  was  continued  therein  after  the  ex- 
piration of  a  prior  enlistment,  at  the  time  of  his  entry  into 
or  recall  to  or  continuance  in  said  ser\'ice,  said  soldier  or 
sailor  was  a  resident  of  this  commonwealth  and  had  been 
a  resident  thereof  for  not  less  than  one  year.  The  dependent 
relatives  of  such  a  soldier  or  sailor  who  are  eligible  to  re- 
ceive suchjaid  shall  be  the  wife,  children  under  eighteen 
years  of  age,  or  any  child  dependent  bj^  reason  of  physical 
or  mental  incapacity,  or  a  brother  or  sister,  or  a  dependent 
parent,  or  any  person  who  stood  in  the  relationship  of  a 
parent  to  such  soldier  or  sailor  for  five  years  prior  to  said 
September  sixteenth  or,  if  after  said  date  said  soldier  or 
sailor  entered  said  service  or  was  recalled  thereto  or  was 
continued  therein  after  the  expiration  of  a  prior  enlistment, 
for  five  years  prior  to  his  entry  into,  recall  to  or  continuance 
in  said  service.  The  allowance  authorized  by  this  section 
shall  cease  on  the  termination  of  the  service  by  death  or 
discharge. 

Section  2.  Any  person  in  the  military  or  naval  service 
of  the  United  States,  whose  dependents  are  entitled  to  war 
allowance  under  section  one,  and  who  is  honorably  dis- 
charged from  said  service  by  reason  of  illness  or  disability 
incurred  therein,  shall  be  eligible  to  receive  state  or  mili- 
tarj^  aid  under  the  provisions  of  said  chapter  one  hundred 
and  fifteen  relating  to  world  war  service,  so  far  as  appli- 
cable. If  any  such  person  shall  die  in  said  service  during 
said  state  of  war,  or  shall  die  after  an  honorable  discharge 
from  said  service  from  injuries  received  or  disability  or  ill- 
ness incurred  therein,  his  mother,  if  a  widow,  his  widow  and 
his  children,  up  to  the  age  of  eighteen,  or  any  child  depend- 
ent by  reason  of  physical  or  mental  incapacity,  provided 
that  the  children  were  in  being  prior  to  his  discharge,  or 
prior  to  the  termination  of  said  state  of  war,  or  any  person 
who  stood  to  him  in  the  relationship  of  a  parent  for  five 
years  prior  to  said  September  sixteenth  or,  if  after  said  date 


1252  Acts,  Special  Session,  1942.  —  Chap.  11. 

said  soldier  or  sailor  entered  said  service  or  was  recalled 
thereto  or  was  continued  therein  after  the  expiration  of  a 
prior  enlistment,  for  five  years  prior  to  his  entry  into,  recall 
to  or  continuance  in  said  service,  shall  be  entitled  to  the 
benefit  of  state  aid  and  soldiers'  relief  in  accordance  with 
the  provisions  of  said  chapter  one  hundred  and  fifteen  relat- 
ing to  world  war  service,  so  far  as  applicable. 

Section  3.  The  payments  authorized  by  sections  one 
and  two  shall  be  made  in  the  same  manner  in  which,  and 
shall  be  subject  to  the  same  limitations  under  which,  state 
aid  or  soldiers'  relief  is  paid  to  dependent  relatives  of  sol- 
diers or  sailors  under  the  provisions  of  said  chapter  one 
hundred  and  fifteen  relative  to  world  war  service,  so  far  as 
applicable  and  except  as  otherwise  provided  herein. 

Section  4.  Applicants  for  war  allowance  hereunder  shall, 
as  a  basis  for  the  first  payment  thereof,  state  in  writing, 
under  oath,  the  name,  age  and  residence  of  the  person  for 
whom  the  same  is  sought,  the  relationship  of  such  person  to 
the  soldier  or  sailor,  the  company  and  regiment  or  branch 
of  the  service  in  which  he  was  enlisted,  or  to  which  he  was 
first  assigned,  and  in  which  he  last  served,  the  date  and 
place  of  his  enlistment,  if  known,  the  duration  of  his  service, 
the  amount  of  United  States  pay,  allotment  and  federal 
family  allowance,  if  any,  the  average  weekly  amount  con- 
tributed by  the  soldier  or  sailor  during  the  year  previous  to 
service,  and  the  reason  for  the  application,  and  shall  furnish 
such  official  certificates  or  records,  or  other  evidence  of  en- 
listment, service  and  discharge  and  such  other  information, 
as  may  be  required. 

Section  5.  The  commissioner  of  state  aid  and  pensions 
shall,  from  time  to  time,  furnish  each  city  and  town  with  a 
sufficient  number  of  blank  forms  for  the  use  of  applicants; 
shall  decide  all  questions  in  dispute  between  applicants  and 
the  municipal  authorities;  shall  investigate  all  payments  of 
war  allowance;  shall  have  power  to  determine  all  incidental 
questions  arising  in  connection  therewith;  and  shall  have 
the  custody  of  the  original  papers  relating  to  each  application. 
Section  6.  Applications  for  war  allowance  may  be  filed 
directly  with  the  commissioner  of  state  aid  and  pensions, 
who  in  such  case  may  request  the  officers  authorized  by  law 
to  furnish  state  and  military  aid  of  the  city  or  town  named 
in  the  application  for  a  recommendation  thereon,  or  with 
such  officers  who  shall,  within  three  days,  forward  the  ap- 
plication together  with  a  recommendation  thereon,  to  the 
commissioner. 

Section  7.  Municipal  officers  making  payments  under 
this  act  shall  make  return  of  the  same  to  the  commissioner 
of  state  aid  and  pensions,  on  blank  forms  to  be  furnished  by 
him,  in  the  manner  prescribed  by  the  applicable  provisions 
of  said  chapter  one  hundred  and  fifteen,  except  that  so  much 
of  section  nine  of  said  chapter  as  relates  to  the  maximum 
allowance  to  be  allowed  shall  not  apply.  Said  commissioner 
shall  prescribe  rules  as  to  the  amount  and  the  disbursement 


Acts,  Special  Session,  1942.  —  Chap.  11.  1253 

of  allowance  to  the  dependents  of  soldiers  or  sailors,  during 
the  period  when  such  soldiers  or  sailors  are  in  the  actual  serv- 
ice of  the  United  States,  and  reimbursement  shall  be  made 
to  the  city  or  town  from  the  state  treasury  for  amounts  actu- 
ally expended  and  authorized  by  said  commissioner;  pro- 
vided, that  in  no  case  shall  more  than  fifty  dollars  be  re- 
imbursed on  account  of  the  total  allowance  rendered  to  all 
dependent  relatives  of  any  one  soldier  or  sailor  in  any  one 
month.  All  sums  expended  by  cities  and  towns  in  excess  of 
the  amount  so  authorized  shall  be  borne  by  the  respective 
city  or  town  in  which  the  recipient  has  a  legal  settlement, 
in  the  form  of  soldiers'  relief;  but,  in  the  case  of  dependents 
of  a  soldier  or  sailor  without  legal  settlement,  the  amount  . 
expended  by  cities  and  towns  in  excess  of  the  limit  pre- 
scribed, after  determination  by  the  commissioner  of  state 
aid  and  pensions  as  to  how  much  allowance  is  necessaiy  to 
afford  reasonable  support,  shall  be  reimbursed  by  the  com- 
monwealth. 

Section  8.  Cities  and  towns  are  hereby  authorized  to 
raise  by  taxation  such  sums  as  may  be  necessary  to  meet 
expenses  incurred  under  this  act  and  to  borrow  money  there- 
for. Loans  issued  under  authority  of  this  act  shall  be  out- 
side the  debt  limit  and  shall  be  paid  in  not  more  than  one 
year  from  their  dates  but  shall,  except  as  provided  herein, 
be  subject  to  chapter  forty-four  of  the  General  Laws  exclu- 
sive of  the  limitation  contained  in  the  first  paragraph  of 
section  seven  thereof. 

Section  9.  The  provisions  of  sections  nineteen  and 
twenty  of  said  chapter  one  hundred  and  fifteen  relative 
to  the  interment  of  the  bodies  of  honorably  discharged 
soldiers  or  sailors  who  served  in  the  army  or  navy  of  the 
United  States  during  the  world  war  and  the  bodies  of  their 
wives,  widows  and  dependent  mothers,  fathers  and  children 
shall  also  apply,  so  far  as  applicable,  to  the  interment  of 
the  bodies  of  honorably  discharged  soldiers  or  sailors  who 
served  in  said  army  or  navy  on  or  after  September  sixteenth, 
nineteen  hundred  and  forty,  and  prior  to  the  termination  of 
the  existing  state  of  war  between  the  United  States  and  any 
foreign  country,  their  wives  or  widows  whenever  married 
and  dependent  mothers,  fathers  and  children. 

Section  10.  Whoever  knowingly  makes  a  false  state- 
ment, oral  or  written,  relating  to  a  material  fact  in  support- 
ing a  claim  to  war  allowance,  state  or  military  aid,  soldiers' 
relief  or  other  benefit  under  any  provision  of  this  act  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars, 
or  by  imprisonment  for  not  more  than  one  year.  Whoever, 
being  entitled  to  any  of  the  benefits  of  this  act,  fraudulently 
claims  or  receives  pay  for  a  period  of  time  following  the  ter- 
mination of  his  right  to  receive  the  same  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  Approved  January  31,  1942. 


1254  Acts,  Special  Session,  1942.  —  Chap.  12. 


Chap.  12  An  Act  temporarily  increasing  the  salaries  of  cer- 
tain OFFICERS  AND  EMPLOYEES  IN  THE  SERVICE  OF  THE 
COMMONWEALTH. 

Emergency  Wkereas,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purpose,  which  is  to  provide  without  delay 
additional  income  for  certain  officers  and  employees  of  the 
commonwealth  in  view  of  the  current  increase  in  the  cost 
of  living  due  to  the  existence  of  the  present  state  of  war, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessar}'^  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  salary  of  each  officer  and  employee  in 
the  service  of  the  commonwealth  receiving  a  salary  at  the 
rate  of  less  than  fifteen  hundred  dollars  per  annum  for  full 
time  service  is  hereby  increased  by  an  amount  of  one  hun- 
dred and  fifty  dollars  per  annum ;  provided,  that  no  increase 
shall  be  made  hereunder  which  will  increase  the  total  salary 
of  any  such  officer  or  employee  to  an  amount  in  excess  of 
fifteen  hundred  and  eighty  dollars  per  annum.  The  salary 
of  each  officer  and  employee  in  said  service  receiving  a  salary 
at  the  rate  of  fifteen  hundred  dollars,  but  less  than  twenty- 
four  hundred  and  eighty  dollars,  per  annum  for  full  time 
service  is  hereby  increased  by  an  amount  of  one  hundred 
dollars  per  annum;  provided,  that  no  increase  shall  be  made 
hereunder  which  will  increase  the  total  salary  of  any  such 
ofiicer  or  employee  to  an  amount  in  excess  of  twenty-four 
hundred  and  eightj^  dollars. 

Section  1A.  Every  officer  and  employee  entering  the 
service  of  the  commonwealth  between  February  first  in  the 
current  year  and  June  thirtieth,  nineteen  hundred  and  forty- 
three,  shall  be  entitled  to  receive  the  compensation  of  his 
office  or  position  as  increased  by  this  act. 

Section  2.  The  word  "salary",  as  used  in  this  act,  shall 
include  all  compensation  from  the  commonwealth,  however 
payable,  and  in  the  case  of  an  officer  or  employee  whose  sal- 
ary is  paid  in  part  by  the  commonwealth  and  in  part  from 
federal  funds  or  by  a  county  or  municipality,  shall  mean  that 
part  payable  by  the  commonwealth.  Said  word  "salary", 
as  so  used,  shall  also  include  compensation  payable  through 
the  state  treasury  from  moneys  paid  into  said  treasury  by 
the  federal  government.  The  word  "employee",  as  so  used, 
in  addition  to  its  usual  meaning  shall  also  include  any  blind 
person  receiving  wages  from  the  division  of  the  blind. 

Section  3.  The  division  of  personnel  and  standardization 
of  the  commission  on  administration  and  finance  is  hereby 
directed  to  revise  the  schedules  of  standard  rates  of  salary 
incorporated  in  the  rules  and  regulations  governing  the  classi- 
fication of  personal  service,  as  prepared  by  said  division  and 
approved  by  the  governor  and  council,  to  conform  to  section 
one. 


Acts,  Special  Session,  1942.  —  Chap.  13.  1255 

Section  4.  Said  division  and  the  comptroller  are  hereby 
directed  to  administer  this  act.  Nothing  in  this  act  shall  be 
construed  to  limit  the  respective  powers  of  said  division  and 
said  comptroller  as  now  defined  by  law. 

Section  5.  The  increase  in  salaries  provided  for  by  this 
act  shall  be  effective  only  for  the  period  beginning  February 
first  in  the  current  year  and  ending  June  thirtieth,  nineteen 
hundred  and  forty-three,  and  such  increase  shall  not  prevent 
an  officer  or  employee  from  receiving  during  said  period  step 
rate  increases  to  which  he  may  be  entitled.  ^ 

Section  6.  No  increase  in  salary  made  by  this  act  shall, 
for  any  purpose  of  chapter  thirty-two,  be  deemed  or  con- 
strued to  be  a  portion  of  the  regular  compensation  of  any 
officer  or  employee  now  or  formerly  in  the  service  of^the 
commonwealth.  i 

Section  7.  Any  provision  of  sections  forty-five  to  fifty, 
inclusive,  of  chapter  thirty  of  the  General  Laws,  or  any  other 
provision  of  law,  inconsistent  with  any  provision  of  this  act 
shall  be  inoperative  while  such  last-mentioned  provision  is 
in  effect. 

Section  8.  This  act  shall  not  apply  to  any  officer  of  the 
commonwealth  elected  by  popular  vote. 

Approved  January  31,  1942. 


An  Act  to  provide  for  the  safety  of  the  common    Chav     13 
wealth  during  the  existing  state  op  war. 

Whereas,    The  supreme  emergency  of  a  world  wide  war,  Declaration 
following  the  declarations  of  war  by  the  congress  of  the  supremJ'^'d 
United  States,  has  resulted  in  conditions  of  imminent  dan-  emergencyT 
ger,  incident  to  such  a  war,  to  the  lives  and  property  of  the 
citizens  of  the  United  States  and  of  each  state  and  to  the 
respective  governments  of  the  people  of  the  states  and  na- 
tion, calling  for  a  state  of  preparedness  to  meet  such  dangers 
by  the  commonwealth  and  its  representatives  promptly  under 
changing  conditions  from  time  to  time,  so  that  the  sovereign 
authority  of  the  commonwealth  and  of  its  "supreme  execu- 
tive magistrate"  and  "commander-in-chief",  for  the  protec- 
tion of  the  government  and  its  citizens  and  their  property 
and  interests,  as  recognized  and  established  by  the  consti- 
tution in  seventeen  hundred  and  eighty  and  reserved  to  the 
commonwealth  and  its  citizens  by  the  tenth  amendment  to 
the  federal  constitution,  may  be  exercised  when  needed  for 
the  support  of  the  national  government  in  the  prosecution 
of  the  war  and  the  protection  of  the  commonwealth  and  its    . 
citizens;  and 

Whereas,    It  is  necessary  that  this  act  become  effective  Emergenoy 
forthwith,  in  order  to  unify  the  sovereign  powers  of  the  P'^^^-mbie. 
commonwealth  for  the  purpose  of  meeting  the  emergency, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  health  and 
safety. 


1256  Acts,  Special  Session,  1942.  —  Chap.  13. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  governor  in  making  and 
issuing  on  December  twenty-ninth,  nineteen  hundred  and 
forty-one,  his  proclamation  setting  forth  the  existence  of  a 
state  of  emergency  in  this  commonwealth,  as  authorized  by 
Part  II  of  chapter  seven  hundred  and  nineteen  of  the  acts 
of  nineteen  hundred  and  forty-one,  is  hereby  ratified  and 
approved. 

Section  2.  During  the  effective  period  of  this  act,  as  set 
forth  in  section  twelve,  the  governor,  in  addition  to  any 
other  authority  vested  in  him  by  law,  shall  have  and  may 
exercise  any  and  all  authority  over  persons  and  property, 
necessary  or  expedient  for  meeting  the  supreme  emergency 
of  such  a  state  of  war,  which  the  general  court  in  the  exer- 
cise of  its  constitutional  authority  may  confer  upon  him  as 
the  supreme  executive  magistrate  of  the  commonwealth  and 
commander-in-chief  of  the  military  and  naval  forces  thereof, 
and  specifically,  but  without  limiting  the  generality  of  the 
foregoing,  the  governor  shall  have  and  may  exercise  such 
authority  relative  to  any  or  all  of  the  following: 

(1)  Health  or  safety  of  inmates  of  all  institutions; 

(2)  Maintenance,  extension  or  inter-connection  of  services 
of  public  utility  or  public  service  companies,  including  pub- 
lic utility  services  owned  or  operated  by  the  commonwealth 
or  any  political  subdivision  thereof; 

(3)  Policing,  protection  or  preservation  of  all  property, 
public  or  private,  by  the  owner  or  person  in  control  thereof, 
or  otherwise; 

(4)  Manufacture,  sale,  possession,  use  or  ownership  of: 
(a)  Fireworks    or    explosives,    or    articles    in    simulation 

thereof; 

(6)  Means  or  devices  of  communication  other  than  those 
exclusively  regulated  by  federal  authorities; 

(c)  Articles  or  objects  (including  birds  and  animals)  ca- 
pable of  use  for  the  giving  of  aid  or  information  to  the  enemy 
or  for  the  destruction  of  life  or  property; 

(5)  Transportation  or  travel  on  Sundays  or  weekdays  by 
aircraft,  watercraft,  vehicle  or  otherwise,  including  the  use 
of  registration  plates,  signs  or  markers  thereon; 

(6)  Labor,  business  or  work  on  Sundays  or  legal  holidays; 

(7)  Assemblages,  parades  or  pedestrian  travel,  in  order  to 
protect  the  physical  safety  of  persons  or  property; 

(8)  Public  records  and  the  inspection  thereof; 

(9)  Regulation  of  the  business  of  insurance  and  protec- 
tion of  the  interests  of  holders  of  insurance  policies  and  con- 
tracts and  of  beneficiaries  thereunder  and  of  the  interest  of 
the  public  in  connection  therewith; 

(10)  Vocational  or  other  educational  facilities  supported 
in  whole  or  in  part  by  public  funds,  in  order  to  extend  the 
benefits  or  availability  thereof; 

(11)  The  suspension  of  the  operation  of  any  statute,  rule 
or  regulation  which  affects  the  employment  of  persons  within 


Acts,  Special  Session,  1942.  —  Chap.  13.  1257 

the  commonwealth  when,  and  at  such  times  as,  such  sus- 
pension becomes  necessary  in  the  opinion  of  the  governor  to 
remove  any  interference,  delay  or  obstruction  in  connection 
with  the  production,  processing  or  transportation  of  materials 
which  are  related  to  the  prosecution  of  the  present  war; 

(12)  Regulation  of  the  manner  and  method  of  purchas- 
ing or  contracting  for  supplies,  equipment  or  other  property 
or  personal  or  other  services,  and  of  contracting  for  or  carry- 
ing out  public  works,  for  the  commonwealth  or  any  of  its 
agencies  or  political  subdivisions; 

(13)  Receipt,  handling  or  allocation  of  money,  supplies, 
equipment  or  material  granted,  loaned  or  allocated  by  the 
federal  government  to  the  commonwealth  or  any  of  its 
agencies  or  political  subdivisions; 

(14)  Protection  of  depositors  in  banks,  and  maintenance 
of  the  banking  structure  of  the  commonwealth;  |[| 

(15)  Variance  of  the  terms  and  conditions  of  licenses, 
permits  or  certificates  of  registration  issued  by  the  com- 
monwealth or  any  of  its  agencies  or  political  subdivisions; 

(16)  Regulating  the  sale  of  articles  of  food  and  household 
articles ; 

(17)  Modification  or  variation  in  the  classifications  estab- 
lished under  sections  forty-five  to  fifty,  inclusive,  of  chapter 
thirty  of  the  General  Laws,  as  amended,  and  sections  forty- 
eight  to  fifty-six,  inclusive,  of  chapter  thirty-five  of  the 
General  Laws,  as  amended. 

Section  3.  The  governor  may  exercise  any  power, 
authority  or  discretion  conferred  on  him  by  any  provision 
of  this  act  or  of  said  chapter  seven  hundred  and  nineteen  by 
the  issuance  or  promulgation  of  executive  orders  or  general 
regulations,  or  through  such  department  or  agency  of  the 
commonwealth  or  of  any  political  subdivision  thereof,  or 
such  person,  as  he  may  direct  by  a  writing  signed  by  him 
and  filed  in  the  office  of  the  state  secretary.  Any  depart- 
ment, agency  or  person  so  directed  shall  act  in  conformity 
with  any  regulations  prescribed  by  the  governor  for  its  or 
his  conduct. 

Whoever  violates  any  provision  of  any  such  executive 
order  or  general  regulation  issued  or  promulgated  by  the 
governor,  for  the  violation  of  which  no  other  penalty  is  pro- 
vided by  law,  shall  be  punished  by  imprisonment  for  not 
more  than  one  year,  or  by  a  fine  of  not  more  than  five  hun- 
dred dollars,  or  both. 

Section  4.  Any  provision  of  any  general  or  special  law, 
or  of  any  rule,  regulation,  ordinance  or  by-law,  to  the  extent 
that  such  provision  is  inconsistent  with  any  order  or  regula- 
tion issued  or  promulgated  under  this  act,  shall  be  inopera- 
tive while  such  order  or  such  last  mentioned  regulation  is  in 
effect ;  provided,  that  nothing  in  this  section  shall  be  deemed 
to  affect  or  prohibit  any  prosecution  for  a  violation  of  any 
such  provision  before  it  became  inoperative. 

Section  5.  Notwithstanding  the  provisions  of  chapter 
thirty-one  of  the  General  Laws,  or  any  other  provision  of 


1258  Acts,  Special  Session,  1942.  —  Chap.  13. 

law  affecting  civil  service,  and  the  rules  and  regulations 
made  thereunder,  the  director  of  civil  service,  supported  by 
a  majority  vote  of  the  civil  service  commission,  may: 

(1)  Approve  or  extend  provisional  appointments  without 
time  limitations  until  lists  can  be  established  or  until  ap- 
pointments can  be  made  from  eligible  Hsts; 

(2)  Extend  temporary  appointments  which  are  made  from 
civil  service  lists  beyond  the  life  of  the  list; 

(3)  Allow  temporary  transfers  without  regard  to  classi- 
fication, beyond  a  period  of  six  months; 

(4)  Restrict  leaves  of  absence  except  for  entrance  into  the 
armed  forces  of  the  United  States,  for  illness,  and  for  such 
other  reason  as  said  director  deems  to  be  in  the  public 
interest; 

(5)  Remove  from  eligible  lists  the  names  of  individuals 
who  refuse  to  accept  positions  which  they  have  previously 
signified  a  willingness  to  accept;  and 

(6)  Restore  to  the  eligible  lists  the  names  of  persons  so 
removed;  and 

(7)  Exclude  from  the  operation  of  the  civil  service  laws 
and  rules  and  regulations  any  of  the  positions  or  employ- 
ments in  temporary  agencies,  boards  or  other  governmental 
units  of  the  commonwealth  or  of  its  political  subdivisions, 
the  existence  and  powers  of  which  agencies,  boards  or  other 
units  are  limited  to  a  period  terminating  not  later  than  one 
year  after  the  termination  of  said  war,  or  any  lesser  period. 

Any  appointment  or  transfer  made  under  this  section 
shall  be  effective  only  for  the  period  during  which  this  act 
is  in  effect. 

Section  6.  During  any  blackout  or  during  the  period 
between  an  air  raid  warning  and  the  following  "all  clear" 
signal,  regular  and  reserve  members  of  police  and  fire  forces 
of  the  commonwealth  or  of  its  political  subdivisions,  and 
members  of  the  state  guard  and  the  armed  forces  of  the 
United  States  while  in  uniform,  may  enter  upon  private 
property  for  the  purpose  of  enforcing  blackout  or  air  raid 
precaution  rules,  regulations  or  orders  issued  by  or  under 
authority  of  the  governor.  Such  members  may  at  any  time 
enter  upon  private  property  in  compliance  with  written 
orders  of  the  governor,  for  the  sole  purpose  of  enforcing 
laws,  rules,  regulations,  ordinances  or  by-laws  specifically 
set  forth  by  the  governor  in  such  orders;  provided,  that 
nothing  in  this  section  shall  be  deemed  or  construed  to  pro- 
hibit any  entry  upon  private  property  otherwise  authorized 
by  law. 

Section  6A.  Persons  appointed  to  the  auxiliary  police 
force  in  a  city  or  town  pursuant  to  paragraph  (a)  of  section 
five  of  said  chapter  seven  hundred  and  nineteen  shall  exer- 
cise or  perform  such  of  the  powers  or  duties  of  police  oflicers 
as  may  be  prescribed  by  the  appointing  authority;  provided, 
that  said  powers  or  duties  shall  not  be  exercised  or  performed 
by  them  except  while  they  are  on  active  duty  and  display- 
ing an  authorized  identifying  badge  or  other  insignia  after 


Acts,  Special  Session,  1942.  —  Chap.  13.  1269 

being  called  to  such  duty  by  the  head  of  the  police  force  of 
such  city  or  town  to  meet  a  situation  which,  in  his  opinion, 
cannot  be  adequately  handled  by  the  regular  police  force 
and  by  the  reserve  police  force,  if  any,  of  such  city  or  town. 
Auxiliary  police  in  towns,  but  not  in  cities,  may  be  author- 
ized by  the  appointing  authority  to  exercise  the  powers  con- 
ferred by  the  provisions  of  section  six  of  this  act  upon  mem- 
bers of  regular  or  reserve  police  forces  of  said  towns. 

Section  7.  No  person  shall  be  civilly  hable  for  any  act 
done  in  pursuance  of  any  provision  of  this  act  or  of  any 
order  or  regulation  issued  or  promulgated  thereunder,  not- 
withstanding that  such  provision,  order  or  regulation  shall 
subsequently  be  determined  to  be  invalid  or  unconstitu- 
tional. No  city  or  town  shall  be  liable  for  any  damage  sus- 
tained to  person  or  property  as  the  result  of  an  authorized 
blackout. 

Section  8.  Any  owner  of  property  of  which  possession 
has  been  taken  under  paragraph  (c)  of  section  six  of  said 
chapter  seven  hundred  and  nineteen,  to  whom  no  award 
has  been  made  or  who  is  dissatisfied  with  the  amount  awarded 
him  as  compensation  by  the  governor  with  the  approval  of 
the  council,  instead  of  proceeding  under  paragraphs  (d),  (e) 
and  (/)  of  said  section,  may  have  his  damages  determined 
under  chapter  seventy-nine  of  the  General  Laws. 

Section  9.  If  any  action  under  authority  of  any  pro- 
vision of  this  act  or  of  said  chapter  seven  hundred  and  nine- 
teen except  paragraph  (c)  of  section  six  thereof,  or  any  order 
or  regulation  issued  or  promulgated  under  any  such  pro- 
vision, in  itself  constitutes  an  appropriation  of  property  to 
the  pubhc  use,  compensation  may  be  recovered  therefor 
under  chapter  seventy-nine  of  the  General  Laws  from  the 
body  politic  or  corporate  appropriating  such  property. 

Section  10.  The  provisions  of  this  act  and  the  authority 
granted  hereunder  shall  be  effective  and  be  exercised  only 
in  so  far  as  they  do  not  contravene  any  law  of  the  United 
States  or  the  exercise  of  any  lawful  power  by  the  president. 

Section  11.  If  any  section  or  subdivision  of  this  act,  or 
any  application  thereof,  shall  be  held  invalid,  unconstitu- 
tional or  inoperative,  the  remainder  of  this  act,  or  other 
applications  of  such  section  or  subdivision,  shall  not  be 
affected  thereby. 

Section  12.  This  act  shall  be  in  effect  during  the  continu- 
ance of  the  existing  state  of  war  between  the  United  States 
and  any  foreign  country;  provided,  that  this  act  shall  cease 
to  be  in  effect  upon  the  earUer  adoption  by  both  branches 
of  the  general  court  of  a  joint  resolution  stating  that  it  is 
no  longer  necessary  for  the  public  good  and  safety. 

Approved  January  SI,  194S, 


1260  Acts,  Special  Session,  1942.  —  Chap.  14. 


Chap.   14  An  Act  granting  the  consent  of  the  commonwealth 

TO  THE  ACQUISITION  BY  THE  UNITED  STATES  OF  AMERICA 
OF  CERTAIN  LANDS  IN  THAT  PART  OF  BOSTON  KNOWN  AS 
SOUTH    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  of  the  United  States  of  America, 
by  purchase,  for  use  in  connection  with  the  mihtary  and 
naval  services  of  said  United  States,  of  a  certain  parcel  of 
land  and  flats  situated  on  the  Commonwealth  flats  at  South 
Boston,  bounded  and  described  as  follows:  Beginning  at  a 
point  in  .the  extension  of  the  northerly  line  of  Summer 
street  at  its  intersection  with  a  line  parallel  with  and  100 
feet  northerly  from  the  United  States  pierhead  and  bulk- 
head line  established  by  the  Secretary  of  War  June  30,  1916, 
on  the  northerly  side  of  the  Reserved  channel;  thence  north 
49°  1'  14.3"  west,  289.61  feet  to  a  point;  thence  north  35° 
14'  10.7"  east,  379.80  feet  to  a  stone  monument  situated  in 
the  southerly  line  of  Dry  Dock  avenue  about  75  feet  south- 
easterly from  the  south-easterly^  line  of  the  premises  leased 
to  the  Metropolitan  coal  company;  thence  north  88°  41' 
10.7"  east,  4,622.95  feet  in  the  southerly  line  of  said  Dry 
Dock  avenue  and  the  extension  thereof  to  a  point  in  the 
United  States  pierhead  and  bulkhead  line  established  by  the 
Secretary  of  War  June  30,  1916,  on  the  southerly  side  of 
the  main  ship  channel  in  Boston  harbor;  thence  south  49° 
32'  49.2"  east,  750.64  feet  in  said  pierhead  and  bulkhead 
line  to  a  point;  thence  south  88°  41'  10.7"  west,  5,194.79 
feet  in  a  line  parallel  with  and  100  feet  northerly  from  the 
said  United  States  pierhead  and  bulkhead  line  on  the  north- 
erly side  of  said  Reserved  channel  to  the  point  of  begin- 
ning; containing  2,508,910  square  feet  of  land  and  flats,  as 
shown  on  a  plan  entitled  "Land  on  South  Boston  Flats  sold 
to  the  United  States  of  America  by  the  Commonwealth  of 
Massachusetts—  Commission  on  Waterways  and  Public  Lands 
—  Frank  W.  Hodgdon,  Engineer,"  dated  March  22,  1918. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth 
shall  retain  concurrent  jurisdiction  with  the  United  States 
of  America  in  and  over  said  lands,  insofar  that  all  civil 
processes,  and  such  criminal  processes  as  may  issue  under 
the  authority  of  the  commonwealth  against  any  person  or 
persons  charged  with  crimes  committed  without  said  lands 
and  all  processes  for  collection  of  taxes  levied  under  author- 
ity 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  granted;  provided,  that 
the  exclusive  jurisdiction  in  and  over  such  lands  shaU  revert 
to  and  revest  in  the  commonwealth  whenever  such  lands 
shall  cease  to  be  used  for  the  purpose  set  forth  in  section  one. 


Acts,  Special  Session,  1942.  —  Chap.  15.  1261 

Section  3.  This  act  shall  take  full  effect  upon  the  filing 
in  the  office  of  the  state  secretary  of  a  suitable  plan  of  the 
lands  described  in  section  one,  but  not  otherwise. 

Approved  January  SI,  1942. 


An  Act  temporarily  increasing  the  salaries  of  cer-  (J^idjy     J5 

TAIN   officers   AND   EMPLOYEES   IN   THE   SERVICE   OF   CER- 
TAIN   COUNTIES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^'"®^^i"*'^ 
to  defeat  its  purpose,  which  is  to  provide  without  delay  ad- 
ditional income  for  certain  officers  and  employees  of  certain 
counties  in  view  of  the  current  increase  in  the  cost  of  living 
due  to  the  existence  of  the  present  state  of  war,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  salary  of  each  officer  and  employee  in 
the  service  of  any  county,  except  Suffolk,  receiving  a  salary 
at  the  rate  of  less  than  fifteen  hundred  dollars  per  annum 
for  full  time  service,  whether  such  salary  is  paj^able  in  whole 
or  in  part  from  the  treasury  of  one  or  more  counties  or  from 
funds  administered  by  or  through  county  officers,  or  from 
any  combination  of  such  sources,  is  hereby  increased  by  an 
amount  of  one  hundred  and  fifty  dollars  per  annum;  pro- 
vided, that  no  increase  shall  be  made  hereunder  which  will 
increase  the  total  salary  of  any  such  officer  or  employee  to 
an  amount  in  excess  of  fifteen  hundred  and  eighty  dollars 
per  annum.  The  salary  of  each  officer  and  employee  in  said 
service  receiving  a  salary  at  the  rate  of  fifteen  hundred  dol- 
lars per  annum  but  less  than  twenty-four  hundred  and  eighty 
dollars  per  annum  for  full  time  service,  paj'^able  as  afore- 
said, is  hereby  increased  by  an  amount  of  one  hundred  dollars 
per  annum;  provided,  that  no  increase  shall  be  made  here- 
under which  will  increase  the  total  salary  of  any  such  officer 
or  employee  to  an  amount  in  excess  of  twenty-four  hundred 
and  eighty  dollars  per  annum. 

Section  2.  Every  emploj^ee  entering  the  service  of  any 
county,  except  Suffolk,  between  February  first  in  the  cur- 
rent year  and  June  thirtieth,  nineteen  hundred  and  forty- 
three,  shall  be  entitled  to  receive  the  compensation  of  the 
position  as  increased  by  this  act. 

Section  3.  The  following  words,  as  used  in  this  act,  un- 
less the  context  otherwise  requires,  shall  have  the  following 
meanings :  — 

"Employee"  shall  include  any  person  performing  work  for 
hire  at  a  stated  salary,  whether  paid  on  a  monthly,  weekly  or 
other  basis. 

"Officer"  shall  include  justices,  clerks,  assistant  clerks, 
probation  officers  and  other  officers  of  district  and  probate 
courts  and  of  the  superior  court. 

"Salary"  shall  include  compensation,  however  payable. 


1262  Acts,  Special  Session,  1942. — Chap.  15. 

Section  4.  The  county  personnel  board  is  hereby  directed 
to  revise  its  schedules  of  rates  and  ranges  to  conform  to  the 
provisions  of  section  one. 

Section  5.  Said  board  shall  administer  so  much  of  this 
act  as  affects  the  salary  of  any  person  whose  office  or  posi- 
tion is  subject  to  any  provision  of  sections  forty-eight  to 
fifty-six,  inclusive,  of  chapter  thirty-five  of  the  General  Laws, 
and  the  director  of  accounts  shall  administer  so  much  thereof 
as  affects  the  salary  of  any  person  whose  office  or  position  is 
not  subject  to  said  sections;  provided,  that  nothing  in  this 
act  shall  be  construed  to  limit  the  respective  powers  of  said 
board  and  said  director  as  now  defined  by  law. 

Section  6.  The  increase  in  salaries  provided  for  by  this 
act  shall  be  effective  only  for  the  period  beginning  February 
first  in  the  current  year  and  ending  June  thirtieth,  nineteen 
hundred  and  forty-three,  and  the  granting  of  an  increase 
hereunder  to  an  officer  or  employee  shall  not  prevent  him 
from  receiving  during  said  period  step  rate  increases  to  which 
he  may  be  entitled. 

Section  7.  No  increase  in  salary  made  by  this  act  shall, 
for  any  purpose  of  chapter  thirty-two  of  the  General  Laws 
or  any  other  provision  of  law  providing  for  pensions,  an- 
nuities or  retirement  allowances  for  officers  or  employees 
of  counties,  be  deemed  or  construed  to  be  a  portion  of  the 
regular  compensation  of  any  officer  or  employee  now  or  for- 
merly in  the  service  of  any  county. 

Section  8.  Section  one  of  chapter  five  hundred  and 
twenty-eight  of  the  acts  of  nineteen  hundred  and  forty-one 
is  hereby  amended  by  inserting  at  the  end  of  the  first  para- 
graph, the  following  new  sentence:  —  No  direct  draft  against 
the  account  hereinafter  established,  numbered  item  32  and 
called  "reserve  for  salary  increases",  shall  be  made,  but 
transfers  from  this  account  may  be  made,  upon  the  request 
of  the  county  commissioners  and  with  the  approval  of  the 
director  of  accounts,  to  meet  expenditures  for  salary  increases. 

Section  9.  Said  section  one  is  hereby  further  amended 
by  inserting  under  the  headings  for  the  several  counties  here- 
inafter referred  to,  after  item  31  in  each  case,  the  following 
items  respectively: 

Fiscal  Year 
Item  1942. 

(Barnstable  County.) 

32     For  reserve  for  salary  increases,  a  sum  not  exceeding  S9,760  00 

(Berkshire  County.) 
32     For  reserve  for  salary  increases,  a  sura  not  exceeding  7,. 500  00 

(Bristol  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding  .      16,000  00 

(Dukes  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding         ^.        1,000  00 

(Essex  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding         .      38,000  00 


Acts,  Special  Session,  1942.  —  Chap.  16.  1263 

Fiscsl  Year 
It«m  1942. 

(Franklin  County.) 

32     For  reserve  for  salary  increases,  a  sum  not  exceeding  .      $4,200  00 

(Hampden  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding  .      16,500  00 

(Hampshire  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding  10,500  00 

(Middlesex  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding  .      52,000  00 

(Norfolk  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding  .       18,000  00 

(Plymouth  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding  .       10,000  00 

(Worcester  County.) 
32     For  reserve  for  salary  increases,  a  sum  not  exceeding         .      20,500  00 

Section  10.  This  act  shall  not  apply  to  any  officer  of 
any  county  elected  by  popular  vote. 

Approved  January  SI,  1942. 

An  Act  to  provide  for  the  temporary  re-employment  (Jfidj)     IQ 

OF  FORMER  OFFICERS  AND  EMPLOYEES  OF  THE  COMMON- 
WEALTH  OR  OF  ANY  POLITICAL  SUBDIVISION  THEREOF  DUR- 
ING THE  CONTINUANCE  OF  THE  EXISTING  STATE  OF  WAR 
BETWEEN  THE  UNITED  STATES  AND  ANY  FOREIGN  COUNTRY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^rTambf ''^ 
to  defeat  its  purpose,  which  is  to  make  available  to  the  com-  ^^™ 
monwealth  and  its  political  subdivisions  the  services  of 
retired  officers  and  employees  thereof  during  the  existing 
state  of  war,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  former  officer  or  employee  of  the  com- 
monwealth or  of  any  political  subdivision  thereof  who  has 
been  retired  under  any  retirement  or  pension  law,  or  who 
has  been  separated  from  the  pubHc  service  by  reason  of 
superannuation  or  disability  without  receiving  a  retirement 
allowance  or  pension,  may  be  employed  in  the  service  of  any 
department,  board  or  commission  of  the  commonwealth  or 
of  any  political  subdivision  thereof.  No  such  person  shall 
be  employed  by  any  appointing  officer  of  a  county,  city, 
town  or  district  except  with  the  written  approval  of  the 
county  commissioners,  the  mayor  or,  in  the  city  of  Cam- 
bridge, the  city  manager,  the  selectmen  or  the  prudential 
committee  or  other  governing  body  in  districts,  as  the  case 
may  be;  provided,  that  no  such  approval  shall  be  necessary 
in  the  case  of  a  person  formerly  employed  by  the  school 


1264  Acts,  Special  Session,  1942.  —  Chap.  17. 

committee  and  employed  by  such  committee  under  author- 
ity of  this  act.  The  written  approval  of  the  director  of  civil 
service  shall  also  be  required  for  each  appointment  to  any 
position  or  employment  subject  to  chapter  thirty-one  of  the 
General  Laws.  Any  person  so  employed  shall  receive  full 
compensation  for  such  services  less  any  retirement  allow- 
ance or  pension  received  by  him;  provided,  that  any  such 
person  employed  by  the  city  of  Boston  or  by  the  county  of 
Suffolk  may  be  paid  such  compensation  as  may  be  deter- 
mined by  the  department  head  with  the  written  approval 
of  the  mayor  of  said  city. 

Section  2.  The  retirement  rights  of  any  person  em- 
ploj'ed  under  authority  of  section  one  shall  not  be  affected 
by  such  employment.  No  deductions  for  retirement  pur- 
poses shall  be  made  from  compensation  paid  to  such  persons 
while  so  employed,  and  section  ninety-one  of  chapter  thirty- 
two  of  the  General  Laws  and  comparable  provisions  of  other 
retirement  laws  shall  not  be  applicable  to  such  persons. 
All  persons  employed  under  authority  of  section  one  in 
positions  or  employments  subject  to  chapter  thirty-one  of 
the  General  Laws  shall  be  subject  to  said  chapter  thirty-one 
and  the  rules  and  regulations  made  thereunder  except  that 
the  provisions  thereof  dealing  with  examinations  and  certi- 
fications and  appointments  to  and  separations  from  the 
service  shall  not  apply  to  such  persons. 

Section  3.  This  act  shall  remain  in  effect  during  the 
continuance  of  the  existing  state  of  war  between  the  United 
States  and  any  foreign  country,  and  employments  hereunder 
shall  not  extend  beyond  the  effective  period  of  this  act. 

Approved  January  SI,  1942. 

Chap.   17  An  Act  relative  to  the  terms  of  certain  notes  to  be 

ISSUED    BY   THE    COMMONWEALTH. 

Emergency  Whereas,   The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  in  part  is  to  secure  at  once  the 
benefits  of  the  present  surplus  commodity  stamp  plan, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  notes  which  the  state  treasurer  is  authorized  to  issue 
under  section  two  of  chapter  nine  of  the  acts  of  the  current 
year,  providing  for  the  estabhshment  in  the  state  treasury 
of  a  surplus  commodity  stamp  trust  fund  and  regulating  the 
administration  thereof,  shall  be  issued  for  maximum  terms 
to  expire  not  later  than  August  first,  nineteen  hundred  and 
forty-three,  as  recommended  by  the  governor  in  a  message 
to  the  general  court  dated  January  thirty-first,  nineteen 
hundred  and  forty-two,  in  pursuance  of  section  3  of  Article 
LXII  of  the  amendments  to  the  constitution. 

Approved  January  31,  19^2. 


preamble 


Acts,  Special  Session,  1942.  —  Chap.  18.  1265 


An  Act  providing  for  divers  emergency  expenditures  (Jfidj)     Xg 

OF   THE    commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  may  be  expended  under  the  direction 
of  the  governor  such  sums  as  may  be  necessary  to  meet  any 
emergency  which  may  arise  by  reason  of  the  exigencies  of 
the  existing  state  of  war;  provided,  that  the  aggregate 
amount  of  such  expenditures,  together  with  expenditures 
hereafter  incurred  in  carrying  out  chapter  seven  hundred 
and  nineteen  of  the  acts  of  nineteen  hundred  and  forty-one 
and  expenditures  incurred  in  carrying  out  chapters  twelve 
and  thirteen  of  the  acts  of  the  current  year,  shall  not  exceed 
seven  million  dollars.  All  expenditures  hereinbefore  referred 
to  shall  be  subject  to  the  approval  of  the  council. 

Requests  for  any  such  expenditures  shall  be  referred  by 
the  governor  to  the  commission  on  administration  and 
finance,  which,  after  investigation  of  the  need  of  such  ex- 
penditure, shall  forthwith  submit  to  the  governor  its  written 
recommendation  of  the  amount  of  funds  required,  together 
with  pertinent  facts  relative  thereto. 

Section  2.  For  the  purpose  of  defraying  in  whole  or  in 
part  the  expenditures  referred  to  in  section  one  a  sum  not 
exceeding  three  million  five  hundred  thousand  .dollars  is 
hereby  appropriated  from  the  general  fund  or  ordinary  reve- 
nue of  the  commonwealth. 

Section  3.  The  governor,  upon  recommendation  of  the 
commission  on  administration  and  finance  and  with  the  ap- 
proval of  the  council,  may  make  allocations  by  transfer  or 
otherwise  from  the  unexpended  balances  of  appropriations 
for  the  fiscal  years  ending  November  thirtieth,  nineteen  hun- 
dred and  forty-one  and  November  thirtieth,  nineteen  hun-  ^ 
dred  and  forty-two,  respectively,  contained  in  appropriation 
items  of  chapters  four  hundred  and  nineteen,  six  hundred 
and  eighty-three  and  seven  hundred  and  thirty  of  the  acts 
of  nineteen  hundred  and  forty-one,  for  use  for  meeting  in 
whole  or  in  part  the  expenditures  referred  to  in  section  one 
and  also  for  setting  up  such  reserves  as  are  deemed  neces- 
sary to  compensate  for  shrinkage  in  estimated  revenue.  In 
determining  the  items  from  which  allocations  are  to  be  made, 
consideration  shall  be  given  to  the  necessity  of  the  expendi- 
tures authorized  by  such  items  in  relation  to  the  defense  of 
the  commonwealth  and  its  participation  in  the  conduct  of 
the  war. 

Section  4.  All  expenditures  under  section  on&  and  the 
employment  of  all  persons  whose  positions  have  been  created 
by  reason  of  money  made  available  by  this  act  shall  cease 
not  later  than  thirty  days  after  the  governor,  with  the  ad- 
vice and  consent  of  the  council,  shall  have  proclaimed  that 
the  existing  emergency  is  ended. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  31,  1942. 


NOTE. 

The  general  court  of  1941  at  a  special  session  in  1942  passed  eighteen 
Acts  which  received  executive  approval. 

The  general  court  was  prorogued  on  Saturday,  January  31,  1942,  at 
seventeen  minutes  before  eight  o'clock  p.m.,  the  session  having  occupied 
six  days. 


APPENDIX 


The  following  table  and  indexes  have  been  prepared  by  Fernald 
HuTCHiNS,  Esq.,  and  Henry  D,  Wiggin,  Esq.,  counsel,  respectively, 
to  the  Senate  and  House  of  Representatives,  in  accordance  with  sec- 
tion fifty-one  of  chapter  three  of  the  General  Laws,  as  amended. 


TABLE 


TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY    THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND  THIRTY-TWO.*  1 1 


Chapter  1.  —  Jurisdiction  of  the  Commonwealth  and  of  the  United  States. 

Sect.  3  revised,  1933,  278  §  1. 

Chapter  2.  —  Arms,  Great  Seal  and  Other  Emblems  of  the  Commonwealth. 

Sect.  8  added,  1941,  121  (designating  the  American  elm  as  the  state 
tree). 

Sect.  9  added,  1941,  121  (designating  the  Chickadee  as  the  state  bird). 

Chapter  3.  —  The  General  Court. 

Sect.  5  amended,  1937,  364  §  1;  1939,  508  §  1. 

Sect.  6  revised,  1937,  364  §  2;  amended,  1939,  424  §  1.  (See  1939, 
424  §  3.) 

Sect.  6A  added,  1939,  424  §  2  (imposing  restrictions  on  the  granting 
of  authority  to  use  the  designation  of  junior  college).  (See  1939, 
424  §  3.) 

Sect.  7  revised,  1937,  364  §  3. 

Sect.  9  revised,  1937,  236  §  1;  1941,  307  §  1;  amended,  1941,  600  §  1. 
(See  1941,  307  §  2;  1941,  600  §  2.) 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1.     (See  1937,  360  §§  3-5.) 

Sect.  13  revised,  1937,  360  §  2;  amended,  1941,  230.  (See  1937, 
360  §§  3-5.) 

Sect.  18  amended,  1941,  433  §  1.     (See  1941,  433  §  4.) 

Sect.  19  amended,  1935,  210. 

Sect.  20  revised,  1939,  508  §  2;  amended,  1941,  433  §  2.  (See  1941, 
433  §  4.) 

*  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 

t  This  table  includes  references  to  legislation  enacted  at  the  special  session  of 
January,  1942. 


1270  Changes  in  the  [Chaps.  4-6. 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Sect.  22  amended,  1939,  508  §  3. 

Sect.  23  revised,  1941,  347. 

Sect.  46  amended,  1939,  508  §  4. 

Sect.  47  amended,  1939,  508  §  5. 

Sect.  49  amended,  1939,  508  §  6. 

Sect.  51  amended,  1939,  508  §  7. 

Sect.  53  revised,  1939,  376  §  1.     (See  1939,  376  §  2.) 

Chapter  4.  —  Statutes. 

Sect.  5  revised,  1935,  69. 

Sect.  7,  clause  Ninth  revised,  1941,  509  §  1;  clause  Eighteenth 
amended,  1934,  283;  1935,  26;  1936,  180;  1937,  38;  1938,  245;  1941, 
91  §  1.     (See  1941,  509  §  9.) 

Sect.  10.    Affected,  1942,  5. 

Chapter  5.  —  Printing  and  Distribution  of  Laws  and  Public  Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1932,  Resolve  53;  1933,  Resolve  19;  1935,  Resolve  18;  1937, 
Resolve  16;   1939,  Resolve  19;   1941,  Resolve  19. 

Sect.  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end,  1937,  373;  section  revised,  1938,  419;  amended,  1941,  428. 

Sect.  2,  paragraphs  (4)  and  (6)  revised,  1939,  508  §  8. 

Sect.  3,  paragraphs  in  twelfth  to  forty-second  hnes,  amended,  1938, 
196;  1941,  351  §  1. 

Sect.  6  amended,  1939,  508  §  9. 

Sect.  9  amended,  1933,  245  §  1. 

Sect.  10  revised,  1939,  508  §  10. 

Sect.  11, [paragraph  in  thirteenth  line  revised,  1941,  329. 

Sect.  18  amended,  1935,  226  §  1. 

Chapter   6.  —  The   Governor,   Lieutenant   Governor  and   Council,   Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporary  legislation  estabhshing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

For  temporary  legislation  estabhshing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as  affected 
by  1933,  368;  term  extended,  1935,  380;  1937,  338;  1938,  20,  501  §  3; 
1941,  720  §  16. 

Sect.  8  amended,  1941,  722  §  1. 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  12C  added,  1932,  153  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  Bunker  Hill).    (See  1935,  26.) 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the 
anniversary  of  the  Boston  Massacre,  etc.). 

Sect.  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Conmaodore  John  Barry). 


Chap.  7.]  GENERAL  LawS.  1271 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans);   amended,  1938,  49. 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation  by 
the  governor  relative  to  American  Education  Week). 

Sect.  12H  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 

Sect.  121  added,  1935, 184  (relative  to  the  annual  observance  of  Indian 
Day);  revised,  1939,  56. 

Sect.  12J  added,  1938,  22  (relative  to  the  annual  observance  of  April 
nineteenth  as  Patriots'  Day). 

Sect.  12K  added,  1938,  80  (relative  to  the  annual  observance  of 
Evacuation  Day,  so  called). 

Sect.  12L  added,  1941,  387  (relative  to  the  annual  observance  of 
Veteran  Firemen's  Muster  Day). 

Sect.  16  amended,  1941,  490  §  1. 

Sect.  17  amended,  1932,  305  §  1;  1933,  120  §  1,  336  §  1;  1934,  374 
§  1;   1935,  475  §  1;  revised,  1939,  393  §  1.    (See  1933,  336  §  3.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  "armory  commission",  1937,  300  §  1;  sentence  added  at  end, 
1941,  19.    (See  1937,  300  §  2.) 

Sect.  22  amended,  1936,  341  §  1.     (See  1936,  341  §  2.) 

Sect.  24  amended,  1941,  596  §  1. 

Sect.  28  amended,  1938,  18. 

Sect.  28 A  amended,  1934,  208  §  1. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of  in- 
formation concerning  the  pubHc  bequest  fund). 

Sect.  32,  paragraph  added  at  end,  1937,  227;  same  paragraph  revised, 
1938,  473  §  1. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2. 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcoholic  beverages 
control  commission) . 

Sect.  43  amended,  1933,  375  §  1. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1. 

Sect.  45  revised,  1941,  596  §  2. 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock  reser- 
vation commission).     (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2;  last  paragraph  revised,  1941,  596  §  3. 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307;  1939,  451  §  1;  revised,  1941,  466  §  5. 
(See  1941,  466  §§  1-4,  7A,  8.) 

Sect.  50A  added,  1941,  466  §  7  (relative  to  the  powers  and  duties  of 
the  state  planning  board  formerly  exercised  by  the  metropolitan  plan- 
ning division).    (See  1941,  466  §§  1-4,  7A,  8.) 

Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  6A  added,  1941,  433  §  3  (providing  for  the  appointment  of  the 
postmaster  and  assistant  postmaster  of  the  central  mailing  room  by  the 
Commission  on  Administration  and  Finance).    (See  1941,  433  §  4.) 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1. 


1272  Changes  in  the  (Chaps.  8-io. 

Sect.  23A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supphes  and  materials  by  contractors  for  certain  state  work  in 
favor  of  domestic  supphes  and  materials). 

Sect.  26  amended,  1939,  451  §  2. 

Sect.  33  revised,  1939,  499  §  1. 

Chapter  8.  —  State  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327;  1941,  627  §  3. 

Sect.  1  revised,  1938,  249  §  1.  (See  1938,  249  §  6.) 

Sect.  4  amended,  1935,  251;  revised,  1937,  84  §  1;  1938,  249  §  2. 
(See  1937,  84  §  2;  1938,  249  §  6.) 

Sect.  5  revised,  1935,  460  §  1;  amended,  1938,  387  §  1.  (See  1935, 
460  §  2;  1938,  387  §  2.) 

Sect.  9  amended,  1938,  249  §  3.  (See  1938,  249  §  6.) 

Sect.  10  amended,  1938,  249  §  4.  (See  1938,  249  §  6.) 

Sect.  lOA  revised,  1933,  170;  1941,  267. 

Sect.  12  revised,  1938,  249  §  5.  (See  1938,  249  §  6.) 

Sect.  17  amended,  1932,  188  §  1;  1933,  199  §  1. 

Sect.  18  amended,  1932,  188  §  2;  1933,  199  §  2. 

Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  2  revised,  1935,  416;  1939,  283;  1941,  587. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2;  1939,  342  §  1. 

Sect.  9  amended,  1934,  127. 

Sect.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect.  20  added,  1935,  402  (regulating  the  publication  and  sale  of  the 
Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions  and 
decisions  of  the  Supreme  Judicial  Court). 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (establishing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  powers  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).    (See  1937,  404  §§  2,  3.) 

Sect.  21  amended,  1941,  394  §  1. 

Sect.  23  amended,  1941,  394  §  2. 

Chapter  10.  —  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as  affected 
by  1933,  368;  1939,  417,  418;  term  extended,  1935,  380;  1937,  338; 
1938,  20,  501  §  3;  1941,  720  §  16. 

Sect.  5,  first  sentence  revised,  1941,  596  §  4. 

Sect.  8  amended,  1932,  180  §  1. 

Sect.  11  revised,  1939,  499  §  2. 

Sect.  17  amended,  1941,  194  §  1. 


Chaps.  11-13.]  GENERAL   LawS.  1273 


Chapter  11.  —  Department  of  the  State  Auditor. 

Sect.  2,  first  sentence  revised,  1941,  596  §  5. 

Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 

Attorneys. 

Sect.  2  amended,  1934,  133  §  1 ;  revised,  1941,  647  §  2.  (Sec  1934, 
133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1.  (See  1933,  318  §  9; 
1934,  291  §  6.) 

Sect.  11  amended,  1939,  499  §  3. 

Sect.  14,  paragraph  in  lines  5  and  6  revised,  1935,  209;  paragraph 
in  hnes  7  and  8  revised,  1935,  433  §  1 ;  section  revised,  1935,  458  §  1 ; 
next  to  last  paragraph  revised,  1941,  470  §  1. 

Sect.  15  revised,  1935,  458  §  2;  paragraph  in  line  8  revised,  1937, 
279  §  1. 

Sect.  16,  paragraph  in  lines  9-11  revised,  1935,  433  §  2;  section 
revised,  1935,  458  §  3;  paragraph  in  hnes  23  and  24  revised,  1937, 
279  §  2;  next  to  last  paragraph  revised,  1941,  470  §  2. 

Sect.  25  amended;  1937,  64  §  1. 

Chapter  13.  —  Department  of  Civil  Service  and  Registration. 

Sect.  1  revised,  1939,  238  §  1.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  2;  paragraph  inserted  after  second  para- 
graph, 1941,  403.    (See  1939,  238  §§  52-55.) 

Sect.  2A  added,  1939,  238  §  3  (relative  to  the  appointment  and  com- 
pensation of  civil  service  commissioners) ;  fourth  sentence  revised,  1941, 
457.     (See  1939,  238  §§  52-55.) 

Sect.  3  amended,  1932,  180  §  3;  revised,  1939,  238  §  4.  (See  1939, 
238  §§  52-55.) 

Sect.  4  revised,  1939,  238  §  5. 

Sect.  5  revised,  1939,  238  §  6. 

Sect.  6  revised,  1939,  238  §  7. 

Sect.  8  amended,  1934,  329. 

Sect.  10  amended,  1932,  8;  1939,  36. 

Sect.  U  amended,  1937,  379. 

Sect.  12  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  "board  of  registration 
IN  CHIROPODY  (podiatry)",  1937,  425  §  1.    (See  1937,  425  §§  14,  15.) 

Sects.  13-15  and  the  heading  before  section  13  stricken  out  and  new 
sections  13-15D  added  under  heading  "board  of  registration  in 
nursing",  1941,  620  §  2.    (See  1941,  620  §§  1,  4-12.) 

Sect.  17  revised,  1934,  339  §  1. 

Sect.  25  revised,  1941,  596  §  6. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1.     (See  1936,  407  §§  5-8.) 

Sect.  31  revised,  1936,  407  §  2.     (See  1936,  407  §§  5-8.) 

Sect.  32  revised,  1935,  420  §  1;  amended,  1939,  2.38  §  8.  (See  1935, 
420  §  2.) 


1274  Changes  in  the  [Chaps.  14-18. 

Sect.  36,  second  paragraph  revised,  1941,  596  §  7. 

Sect.  39  amended,  1941,  385  §  1.     (See  1941,  385  §  2.) 

Sect.  40  amended,  1933,  149  §  1;  two  sentences  added  at  end,  1934, 
299  §  1.     (See  1934,  299  §  2.) 

Sect.  41  amended,  1938,  337  §  1.     (See  1938,  337  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  of 
hairdressers",  1935,  428  §  1.    (See  1935,  428  §§  5,  7.) 

Sect.  43  amended,  1937,  385  §  1. 

Sects.  44A-44D  added,  under  caption  "board  of  registration  of 
architects",  1941,  696  §  1.    (See  1941,  696  §§  3,  4.) 

Sects.  45-47  added,  under  caption  "board  of  registration  of  pro- 
fessional engineers  and  of  land  surveyors",  1941,  643  §  1.  (See 
1941,  643  §§  3-5.) 

Sect.  47  amended,  1941,  722  §  lA. 

Chapter  14.  —  Department  of  Corporations  and  Taxation. 

Sect.  4  revised,  1941,  596  §  8. 

Chapter  15.  —  Department  of  Education. 

Sect.  3  amended,  1941,  138. 

Sect.  4  revised,  1939,  409  §  2.     (See  1939,  409  §§  1,  5.) 

Sect.  5  revised,  1941,  596  §  9. 

Sect.  6A  amended,  1938,  446  §  13;  revised,  1941,  531.  (See  1938, 
446  §  14.) 

Sect.  6B  added,  1941,  676  §  1  (relative  to  the  supervisor  of  guidance 
and  placement).    (See  1941,  646.) 

Sect.  12  revised,  1935,  367;  1939,  409  §  3.    (See  1939,  409  §§  1,  5.) 

Sect.  19  amended,  1942,  1  §  2.     (See  1942,  1  §  9.) 

Sect.  22.  Caption  preceding  section  changed,  1942,  1  §  3;  section 
amended  1942,  1  §  4.    (See  1942,  1  §  9.) 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  5  revised,  1941,  596  §  10. 

Sect,  5A  added,  1938,  407  §  1  (establishing  a  division  of  waterways 
in  the  department  of  pubhc  works).    (See  1941,  695  §  14.) 

Sect.  6  amended,  1935,  418  §  1;  1939,  393  §  2.    (See  1939,  393  §  5.) 

Chapter  17.  —  Department  of  Public  Health. 

Sect.  3  revised,  1939,  233  §  1.  (See  1939,  233  §§  2,  3.) 

Sect.  4  revised,  1941,  596  §  11;  725  §  1.  (See  1941,  725  §§  4-6.) 

Sect.  6  revised,  1941,  725  §  2.  (See  1941,  725  §§  4-6.) 

Sect.  7  revised,  1941,  725  §  3.  (See  1941,  725  §§  4-6.) 

Chapter  18.  —  Department  of  Public  Welfare. 

Sect.  7  amended,  1935,  311  §  1;  revised,  1941,  596  §  12. 

Sect.  8  revised,  1941,  351  §  2. 

Sect.  9  revised,  1941,  596  §  13. 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (establishing  within  the  department  a  state  board  of 
housing). 


Chaps.  19-21.]  GENERAL  LawS.  1275 

Sect.  17  amended,  1935,  449  §  1;  1938,  485  §  1.    (^ee  1938, 485  §  2.) 
Sect.  18  amended,   1935,  449   §   lA;    first  sentence  revised,   1941, 
596  §  14. 

Chapter  19.  —  Department  of  Mental  Health. 

Name  of  department  of  mental  diseases  changed  to  department  of 
mental  health,  1938,  486  §  1.    (See  1938,  486  §§  21,  22.) 

Title  revised,  1941,  194  §  2. 

Sect.  1  revised,  1938,  486  §  2;  1939,  511  §  1.  (See  1938,  486  §§  1, 
21,  22;   1939,  511  §  3.) 

Sect.  2  revised,  1938,  486  §  3;  1939,  511  §  2.  (See  1938,  486  §§  21, 
22;  1939,  511  §  3.) 

Sect.  3  repealed,  1938,  486  §  4. 

Sect.  4  revised,  1938,  486  §  5.     (See  1938,  486  §§  21,  22.) 

Sect.  4A  amended,  1938,  486  §  6.    (See  1938,  486  §§21,  22.) 

Sect.  5  amended,  1935,  314  §  2,  421  §  3.    (See  1935,  421  §§  5,  6.) 

Sect.  6.    See  1935,  314  §  1. 

Chapter  20.  —  Department  of  Agriculture. 

Sect.  4  amended,  1933,  74  §  1;  revised,  1934, 340  §  1;  amended,  1941, 

490  §  2;  revised,  1941,  596  §  15.     (See  1934,  340  §  18.) 

Sect.  6  added,  1934,  340  §  2  (experts  and  assistants  in  division  of 
livestock  disease  control).    (See  1934,  340  §  18.) 

Sects.  7-9  added,  under  caption  ''division  of  milk  control",  1941, 
691  §  1.     (See  1941,  691  §§  3-6.) 

(For  prior  temporary  legislation,  see  1934,  376;  1936,  300;  1938,  334; 
1939,  413;   1941,  418  §  1;  631  §  1.) 

Chapter  21.  —  Department  of  Conservation. 

For  temporary  legislation  estabhshing  within  the  department  a 
Timber  Salvage  Commission,  and  defining  its  powers  and  duties,  see 
1939  99. 

Sect.  1  amended,  1934,  340  §  3;  revised,  1939,  491  §  1.  (See  1934, 
340  §  18;  1939,491  §  12.) 

Sect.  3  revised,  1933,  75  §  1;  amended,  1934,  340  §  4;  revised,  1939, 

491  §  2.     (See  1934,  340  §  18;  1939,  491  §  12.) 
Sects.  3A  and  3B  repealed,  1932,  180  §  4. 

Sect.  4  revised,  1939,  491  §  3.     (See  1939,  491  §  12.) 
Sect.  6  revised,  1939,  491  §  4.     (See  1939,  491  §  12.) 
Sect.  6A  inserted,  1941,  599  §  3  (estabhshing  a  bureau  of  law  enforce- 
ment in  the  division  of  fisheries  and  game).    (See  1941,  599  §  4A.) 
Sect.  7  revised,  1933,  329  §  3;  1937,  413  §  1.    (See  1937,  413  §§  3,  4.) 
Sect.  7A  added,  1934,  173  §  1  (establishing  the  office  of  state  orni- 
thologist in  the  division  of  fisheries  and  game);  revised,  1939,  491  §  5. 
(See  1934,  173  §  2;  1939,  491  §  12.) 

Sects.  7B  and  7C  added,  1939,  491  §  6  (relative  to  the  division  of 
wildlife  research  and  management).    (See  1939,  491  §  12.) 
Sect.  8  repealed,  1939,  491  §  7.     (See  1939,  491  §  12.) 
Sect.  8A  revised,  1933,  329  §  4.    Section  stricken  out  and  new  sec- 
tions 8A-8C  added,  1939,  491  §[8.    (See  1939,  491  §  12.) 

Sects.  8B-8C  stricken  out  and  new  sections  8B-8D  inserted,  1941, 
598  §  6.     (See  1941,  598  §§  8,  9.) 


1276  Changes  in  the  [Chaps.  22, 23. 

Sects.  9  and  10  repealed,  1934,  340  §  5.     (See  1934,  340  §  18.) 
Sect.  11  revised,  1933,  75  §  2;   section  and  its  caption  stricken  out 

and  new  section  inserted  under  the  caption  "division  of  parks  and 

recreation",  1939,  491  §  9.     (See  1939,  491  §  12.) 
Sect.  12  revised,  1933,  75  §  3;  amended,  1941,  490  §  3. 

Chapter  22.  —  Department  of  Public  Safety. 

Sect.  9A,  sentence  added  at  end,  1939,  503  §  4.    (See  1939,  503  §  5.) 
Sect.  9B  amended,  1939,  508  §  11. 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of  the 
state  police). 

Chapter  23.  —  Department  of  Labor  and  Industries. 

Sect.  3  amended,  1934,  331  §  1;  two  sentences  revised,  1935,  479  §  1; 
section  amended,  1941,  490  §  4.    (See  1935,  479  §  7.) 

Sect.  4  amended,  1934,  331  §  2;  1935,  479  §  2;  first  two  sentences 
amended,  1939,  261  §  1;  section  amended,  1941,  490  §  5;  first  two  sen- 
tences revised,  1941,  596  §  16;  same  two  sentences  revised,  1941, 
707  §  1.     (See  1939,  261- §25.) 

Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 

Sect.  8  amended,  1939,  261  §  2.     (See  1939,  261  §  25.) 

Sect.  9  revised,  1935,  60  §  1. 

Sect.  9A  revised,  1932,  99;  repealed,  1933,  73. 

Sect.  9B  repealed,  1933,  73. 

Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 

Sect.  9D  repealed,  1939,  261  §  3. 

Sect.  9E  amended,  1941,  490  §  6. 

Sect.  9G  amended,  1939,  459  §  2.     (See  1939,  459  §  3.) 

Sect.  9H  revised,  1933,  362;  1939,  261  §  4. 

Sects.  9I-9N  added,  1935,  479  §  4  (establishing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties) ;  same 
sections  revised  and  the  powers  and  duties  of  the  commission  conferred 
and  imposed  upon  the  director  of  the  division  of  unemployment  com- 
pensation, 1939,  20  §  1;  name  of  said  division  changed  to  division  of 
employment  security,  1941,  685  §  4.  (See  1935,  479  §§  6,  7;  1939, 
20  §§  6,  7,  8,  9.) 

Sect.  91,  paragraph  (o)  revised,  1941,  685  §  4;  709  §  4;  paragraph  (6) 
revised,  1941,  596  §  17.     (See  1941,  685  §  6;    709  §§  1-3.) 

Sect.  9K,  first  sentence  revised,  1941,  709  §  5.    (See  1941,  709  §§  1-3.) 

Sect.  9L  amended,  1941,  709  §  6. 

Sect.  9N,  paragraph  (6)  revised,  1941,  611  §  1;  section  revised,  1941, 
685  §  5.     (See  1941,  611  §§  2,  3,  685  §  6.) 

Sects.  90-9R  added,  under  the  caption  "labor  relations  com- 
mission", 1938,  345  §  1  (incorporating  the  provisions  of  1937,  436  rela- 
tive to  the  labor  relations  commission  as  an  addition  to  the  general 
laws).     (See  1938,  345  §§  3,  4.) 

Sect,  llA  (and  caption)  added,  1934,  331  §  3  (division  of  occupa- 
tional hygiene). 

Sects.  IIB-IID  added,  under  the  caption  "the  Massachusetts 
development  and  industrial  commission",  1937,  427  (estabhshing 
the  Massachusetts  development  and  industrial  commission  for  the  pro- 


Chaps.  25-27.]  GENERAL  LawS.  1277 

motion  and  development  of  the  industrial,  agricultural  and  recreational 
resources  of  the  commonwealth). 

Sect.  IIC  revised,  1941,  596  §  17A. 

Sects.  IIE-IIL  added,  under  the  caption  "division  of  apprentice 
training",  1941,  707  §  2.  (For  prior  temporary  legislation  see  1938, 
448;  1939,471.) 

Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  4  revised,  1938,  221. 

Sect.  8A  added,  1939,  442  §  2  (authorizing  the  appointment  of  em- 
ployees for  the  administration  and  enforcement  of  the  sale  of  securities 
law). 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed, 
1934  352  §  2. 

Sect.  10  amended,  1933,  76  §  3;  1934,  352  §  3;  1939,  442  §  3. 

Sect.  lOA  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  by  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 

Sects.  11  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12A  revised,  1938,  445  §  1;  repealed,  1939,  442  §  1. 

Sect.  12B  revised,  1932,  290  §  2;  repealed,  1939,  442  §  1. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E  added, 
under  caption  "division  of  smoke  inspection",  1934,  352  §  1. 

Sect.  12C  revised,  1941,  596  §  18. 

Sect.  12F  added,  1935,  405  §  1  (establishing  in  the  department  a  com- 
mercial motor  vehicle  division,  under  the  charge  of  a  director  thereof) ; 
phrase  added  at  end,  1935,  477  §  2;  section  amended,  1939,  335  §  1; 
revised,  1941,  596  §  19;  new  sentence  added  at  end,  1941,  653  §  1.  (See 
1939,  335  §  2.) 

Sect.  12G  added,  1936,  117  (authorizing  the  director  of  the  commer- 
cial motor  vehicle  division  in  the  department  of  public  utilities  to  sum- 
mon witnesses,  administer  oaths  and  take  testimony). 

Chapter  26.  ■ —  Department  of  Banking  and  Insurance. 

For  temporary  legislation  providing  for  the  liquidation  of  certain 
trust  companies,  see  1939,  515;   1941,  143. 
Sect.  3  revised,  1941,  596  §  20. 
Sect.  4  revised,  1941,  596  §  21. 
Sect.  8A  revised,  1934,  2;  amended,  1935,  419. 

Chapter  27.  —  Department  of  Correction. 

Sect.  2  revised,  1939,  90;  1941,  596  §  22. 

Sect.  4  repealed,  1941,  690  §  7. 

Sect.  5  revised,  1934,  350  §  1;  1937,  399  §  1.  (See  1934,  350  §§  2-4; 
1937,  399  §§  3-6.) 

Sect.  5A  added,  1941,  690  §  6  (relative  to  the  employment  of  agents 
and  employees  of  the  parole  board  to  perform  duties  in  connection  with 
the  release  of  prisoners).    (See  1941,  690  §§  8,  10.) 


1278  Changes  in  the  [Chaps.  28, 29. 


Chapter  28.  —  Metropolitan  District  Comnnission. 

Sect.  3  revised,  1936,  244  §  1;  1941,  596  §  23.  (See  1936,  244  §  4.) 
Sect.  4  amended,  1936,  244  §  2.  (See  1936,  244  §  4.) 
Sects.  5  and  6  repealed,  1941,  466  §  6. 

Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933> 
49,  104,  307,  34i,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;  1936,  309;  1937,  338;  1938,  20,  57,  481,  501  §  3;  1939, 
288,  417,  418,  496;  1941,  129. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;  1941,  731  §§  2,  3,  4,  6,  7,  8. 

For  legislation  providing  for  the  establishment  of  a  surplus  commodity 
stamp  trust  fund,  see  1942,  9,  17. 

Sect.  1,  paragraph  added  at  end,  1939,  502  §  1;  same  paragraph 
revised,  1941,  509  §  2.     (See  1941,  509  §  9.) 

Sect.  3  revised,  1939,  502  §  2. 

Sect.  4  amended,  1939,  502  §  3. 

Sect.  5  revised,  1939,  502  §  4;  1941,  656  §  2.    (See  1941,  656  §  17.) 

Sect.  5A  amended,  1939,  502  §  5. 

Sect.  6  amended,  1937,  426  §  1;  revised,  1939,  502  §  6;  amended, 
1941,  490  §  7;  656  §  3.    (See  1937,  426  §  2;   1941,  656  §  17.) 

Sect.  8A  added,  1939,  427  (relative  to  competitive  bidding  on  state 
contracts);  revised,  1941,  547  §  1. 

Sect.  9A  revised,  1939,  502  §  7;  amended,  1941,  656  §  4.  (See  1941, 
656  §  17.) 

Sect.  9B  added,  1941,  564  §  1  (providing  for  the  allotment  of  certain 
appropriations  by  the  governor).    (See  1941,  564  §  2.) 

Sect.  10  amended,  1936,  256;  revised,  1939,  502  §  8;  1941,  656  §  5. 
(See  1941,  656  §  17.) 

Sect.  11  amended,  1939,  502  §  9;  1941,  656  §  6.    (See  1941,  656  §  17.) 

Sect.  12  amended,  1939,  502  §  10. 

Sect.  14  revised,  1939,  502  §  11. 

Sect,  20A  added,  1937,  407  (relative  to  public  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  25  amended,  1941,  656  §  7.     (See  1941,  656  §  17.) 

Sect.  26  revised,  1939,  502  §  12;  amended,  1941,  656  §  8.  (See  1941, 
656  §  17.) 

Sect.  27  amended,  1937,  359;  revised,  1939,  502  §  13;  amended, 
1941,  656  §  9.    (See  1941,  656  §  17.) 

Sect.  29  amended,  1939,  502  §  14. 

Sect.  31,  last  sentence  amended,  1932,  127  §  2;  section  amended, 
1941,  508. 

Sect.  34  amended,  1936,  333. 

Sect.  38,  subdivision  (h)  added,  1934,  356. 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth). 


Chaps.  30, 31.J  GENERAL  LawS.  1279 

Sect.  50  revised,  1939,  502  §  15;  1941,  656  §  10.  (See  1941,  656 
§17.) 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 

Chapter   30.  —  General    Provisions    Relative   to   State    Departments,    Com- 
missions, Officers  and  Employees. 

For  temporary  act  increasing  the  salaries  of  certain  officers  and  em- 
ployees in  the  service  of  the  commonwealth,  see  1942,  12. 

Provisions  relative  to  expenses  incurred  for  certain  meals  by  state 
employees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §  6;  1938,  356  §  5;   1939,  309  §  4;   1941,  419  §  4. 

Provisions  relative  to  the  purchase  of  passenger  automobiles,  1939, 
309  §4;   1941,419  §4. 

Provisions  relative  to  expenses  incurred  by  state  employees  in  the 
operation  of  motor  vehicles,  1939,  309  §  5;   1941,  419  §  5. 

For  legislation  relative  to  commencement  of  terms  of  certain  state 
oflicers,  see  1939,  304. 

Sect.  7  revised,  1937,  414  §  1;  amended,  1941,  512. 

Sect.  24  revised,  1937,  430. 

Sect.  28  revised,  1941,  656  §  11.     (See  1941,  656  §  17.) 

Sect.  32  revised,  1939,  499  §  4. 

Sect.  32A  added,  1939,  499  §  4A  (relative  to  the  force  and  effect  of 
rules  and  regulations  included  in  annual  reports). 

Sect.  33  revised,  1939,  499  §  5. 

Sect.  33A  amended,  1939,  499  §  6. 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised,  1935, 
472  §  1. 

Sect.  42  revised,  1936,  359;  amended,  1941,  450  §  1. 

Sect.  44B  added,  1941,  678  §  1  (relative  to  pipe  lines  for  conveying 
petroleum  and  its  products  and  by-products). 

Sect.  47,  last  sentence  revised,  1941,  656  §  12.    (See  1941,  656  §  17.) 


Chapter  31.  —  Civil  Service. 

For  temporary  legislation  protecting  the  civil  service  rights  of  cer- 
tain persons  in  the  military  or  naval  service  of  the  United  States,  see 
1941,  708. 

Sect.  1,  definitions  contained  in  fourth  to  eighth  fines  revised,  1939, 
238  §  9.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  10.     (See  1939,  238  §§  52-55.) 

Sect.  2A  added,  1939,  238  §  11  (relative  to  the  duties  of  the  director 
of  civil  service);  clause  (6)  revised,  1939,  506  §  1;  clause  (e)  revised, 
1941,  402  §  2;  clause  (c)  amended,  1941,  721.    (See  1939,  238  §§  52-55.) 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  bfind  per- 
sons in  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions);  section  amended,  1939,  238  §  12; 
revised,  1939,  498  §  1;  clause  (a)  revised,  1941,  190.  (See  1939,  238 
§§  51-55.) 

Sect.  4,  fourth  paragraph  amended,  1938,  72;  paragraph  in  line  19 
stricken  out  and  new  paragraph  inserted,  1941,  49;  sixth  paragraph  re- 
vised, 1932,  282  §  1;    section  amended,  1939,  238  §  13;    paragraph 


1280  Changes  in  the  [Chap.  31. 

added  at  end,  1939,  256  §  1;  paragraphs  added  at  end  by  1941,  625 
§  1,  1941,  627  §  1  and  1941,  686  §  2,  respectively.     (See  1932,  282  §  4.) 

Sect.  5  amended,  1935,  405  §  2;  1936,  244  §  3;  1939,  238  §  14;  re- 
vised, 1941,  402  §  3. 

Sect.  5A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tain municipal  officers  of  persons  to  serve  in  a  confidential  capacity). 

Sect.  6,  sentence  added  at  end,  1932,  260;  section  amended,  1939, 
238  §  15. 

Sect.  6A  added,  1935,  228  (dispensing  with  educational  requirements 
as  a  condition  of  taking  certain  civil  service  examinations) . 

Sect.  7  revised,  1939,  397. 

Sect.  8  amended,  1939,  238  §  16;  revised,  1939,  396. 

Sect.  10  revised,  1939,  238  §  17;   1939,  498  §  2. 

Sect.  12  amended,  1939,  238  §  18. 

Sect.  13  amended,  1938,  174  §  2. 

Sect.  13A  amended,  1939,  238  §  19. 

Sect.  14  amended,  1939,  238  §  20. 

Sect.  15  revised,  1939,  238  §  21;  1939,  506  §  2;  1941,  491. 

Sect.  15A  added,  1933, 267  (restricting  the  appointment  of  persons  for 
temporary  employment  under  the  civil  service  laws);  amended,  1934, 
105. 

Sect.  16A  added,  1939,  506  §  3  (relative  to  transfers  under  the  civil 
service  laws) . 

Sect.  17  amended,  1934,  94;  revised,  1939,  76;  amended,  1939,  238 
§22. 

Sect.  18  amended,  1939,  238  §  23. 

Sect.  18A  added,  1941,  627  §  4  (positions  in  the  labor  service  of  the 
department  of  public  works  to  be  classified  by  districts). 

Sect.  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fire  forces  in  certain  cities  having  reserve  fire  forces);  amended,  1939, 
238  §  24;  revised,  1941,  38. 

Sect.  20  amended,  1939,  238  §  25;  revised,  1939,  419  §  3. 

Sect.  20A  amended,  1939,  238  §  26;  revised,  1941,  39. 

Sect.  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  police  force  of  the  metropolitan  district  commission  from  the 
list  of  members  of  the  reserve  police  force);  amended,  1939,  238  §  27; 
repealed,  1939,  441  §  2.    (See  1937,  416  §  5;  repealed,  1939,  441  §  3.) 

Sect.  20C  added,  1941,  621  (relative  to  appointments  to  the  regular 
police  force  in  certain  cities  and  towns). 

Sect.  21  amended,  1932,  89;  revised,  1933,  137;  amended,  1939, 
238  §  28. 

Sect.  22  amended,  1939,  238  §  29. 

Sect.  23  amended,  1939,  238  §  30. 

Sect.  24  amended,  1939,  238  §  31. 

Sect.  25  amended,  1939,  238  §  32. 

Sect.  29  amended,  1939,  238  §  33. 

Sect.  30  amended,  1939,  238  §  34. 

Sect.  31  amended,  1939,  238  §  35;  revised,  1939,  422  §  1. 

Sect,  31A  added,  1939,  422  §  2  (relative  to  the  making  of  reports  by 
department  heads  pertaining  to  civil  service  employees). 

Sect.  31B  added,  1941,  165  §  1  (relative  to  the  preparation  and  keep- 
ing of  rosters  of  positions  in  the  classified  civil  service  and  incumbents 


Chap.  31.]  GENERAL   LaWS.  1281 

thereof  in  connection  with  the  payment  of  salaries  or  compensation). 
(See  1941,  165  §  2.) 

Sect.  32  amended,  1939,  238  §  36;  revised,  1939,  420  §  1. 

Sect.  32A  added,  1939,  420  §  2  (providing  that  records  and  files  re- 
lating to  civil  service  emploj^ees  be  public  records). 

Sect.  33  amended,  1939,  238  §  37;  revised,  1939,  420  §  3. 

Sect.  34  amended,  1939,  238  §  38;  revised,  1939,  420  §  4. 

Sect.  35  repealed,  1941,  559. 

Sect.  36  amended,  1939,  238  §  39. 

Sect.  37  amended,  1939,  238  §  40. 

Sect.  38  amended,  1939,  238  §  41;  revised,  1939,  422  §  3. 

Sect.  39  amended,  1939,  238  §  42. 

Sect.  40  amended,  1939,  238  §  43. 

Sect.  42  amended,  1939,  238  §  44. 

Sect.  45  amended,  1934,  249  §  2. 

Sect.  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in- 
the  classified  labor  service) ;  amended,  1941,  166. 

Sect.  45B  added,  1941,  135  (requiring  clerks  of  district  courts  to  fur- 
nish certain  information  to  the  director  of  civil  service). 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1;  amended, 
1941,  257. 

Sect.  46B  amended,  1939,  238  §  45. 

Sects.  46C,  46D  added,  1933,  320  (providing  for  the  reinstatement  of 
certain  municipal  officers  and  employees). 

Sect.  46C  amended,  1934,  84;  i936,  66;  revised,  1938,  297  §  1; 
amended,  1939,  238  §  46. 

Sect,  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of  less 
than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases);  paragraph  added  at  end,  1936,  297;  last 
paragraph  amended,  1939,  238  §  47;   1941,  136. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of  mem- 
bers of  the  police  force  of  the  metropolitan  district  commission  in  cer- 
tain cases) ;  amended,  1939,  238  §  48. 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect  to 
the  suspension  and  re-employment  of  persons  in  the  classified  civil  serv- 
ice in  certain  cases) ;  revised,  1938,  297  §  2. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees  in 
certain  cases  of  invalid  retirement) ;  amended,  1939,  238  §  49. 

Sect.  47 A  added,  1941,  195  (providing  that  certain  employees  in  the 
classified  public  service  shall  not  be  subject  to  a  probationary  period). 

Sect.  47B  added,  1941,  290  (relative  to  the  classification  and  estab- 
lishment of  seniority  of  certain  civil  service  employees) . 

Sects.  47C  and  47D  added,  1941,  402  §  1  (estabhshing  a  merit  system, 
substantially  similar  to  the  civil  service  system,  for  certain  officers  and 
employees  of  local  boards  of  public  welfare).    (See  1941,  402  §§  4-9.) 

Sect.  47C  amended,  1941,  588  §  1.     (See  1941,  588  §  3.) 

Sect.  49A  added,  1939,  183  (authorizing  cities  and  towns  to  place 
certain  offices  under  the  civil  service  laws  by  vote  of  the  voters  thereof) ; 
revised,  1941,  414. 


1282  Changes  in  the  [Chap.  32. 


Chapter  32.  —  Retirement  Systems  and  Pensions. 

For  temporary  legislation  protecting  the  retirement  rights  of  certain 
persons  in  the  military  or  naval  service  of  the  United  States,  see  1941, 
708. 

For  legislation  relative  to  the  abolition  of  non-contributory  pensions 
and  retirement  allowances  for  employees  of  counties,  cities,  towns  and 
districts  under  special  acts,  see  1934,  285  §  10;  1937,  102  §  10. 

For  legislation  relative  to  the  pensioning  of  certain  reserve  and  per- 
manent members  of  police  and  fire  forces  of  cities  and  towns,  see  1938, 
326. 

For  legislation  relative  to  the  temporary  re-employment  of  former 
officers  and  employees  of  the  commonwealth  or  of  any  political  sub- 
division thereof  during  the  continuance  of  the  existing  state  of  war 
between  the  United  States  and  any  foreign  countrv,  see  1942,  16. 

Sect.  1,  new  paragraph  added,  1934,  360  §  1.  (See  1934,  360  §  5; 
1937,  271.) 

Sect.  2,  paragraphs  (10)  and  (11)  revised,  1935,  390. 

Sect.  3,  paragraph  (4)  revised,  1932,  268. 

Sect.  4,  sentence  added  at  end  of  paragraph  {£)  A  (c),  1934,  360  §  2; 
paragraph  (3)  amended,  1936,  370  §  1.  (See  1934,  360  §  5;  1936, 
370  §  2;  1937,  271.) 

Sect.  5,  paragraph  added  at  end  of  paragraph  (2)  C  (c),  1934,  360 
§  3;  paragraph  H  added  at  end,  1934,  360  §  4.  (See  1934,  360  §  5; 
1937,  271.) 

Sects.  1-5,  as  ameyided,  stricken  out  and  sixteen  new  sections  ISA  in- 
serted; 1938,  439  U-    (See  1938,  439  §§  6,  7;   1939,  16  §§  1,  2.) 

The  following  references  to  sections  1  to  5A  apply  to  sections  inserted 
by  1938,  439  §  1: 

Sect.  1,  definition  of  "Member"  revised,  1941,  379  §  1. 

Sect.  2,  paragraph  (5)  amended,  1941,  194  §  3;  paragraph  (14) 
amended,  1939,  503  §  1;  paragraph  (15)  stricken  out  and  new  para- 
graphs (14A)  and  (15)  inserted,  1939,  503  §  2;  paragraph  (16)  amended, 
1939,  433.    (See  1939,  503  §  5.) 

Sect.  4,  paragraph  (1)  (a)  amended,  1941,  670  §  1. 

Sect.  4F,  paragraph  (1)  revised,  1941,  379  §  2,  722  §  2;  paragraph  (2) 
revised,  1941,  722  §  3;  paragraph  (4)  revised,  1941,  379  §  3. 

Sect.  4H,  paragraph  added  at  end,  1941,  379  §  4. 

Sect.  5A,  paragraph  (3)  (a)  amended,  1939,  451  §  3;  paragraph  (8) 
revised,  1939,  508  §  12. 

Sect.  6,  definition  of  "Teacher"  amended,  1937,  232  §  1;  same  defi- 
nition revised,  1938,  444  §  1;  paragraph  defining  "Salary"  inserted, 
1941,  671  §  1.     (See  1941,  671  §§  2,  3.) 

Sect.  7,  first  sentence  of  paragraph  (3)  revised,  1937,  232  §  2 ;  same 
paragraph  amended,  1938,  385;  paragraph  (4)  amended,  1932,  127 
§  18;  paragraph  (5)  added,  1937,  232  §  3;  paragraph  (6)  added,  1938, 
444  §  2.     (See  1937,  232  §  4.) 

Sect.  9,  paragraph  (1)  amended,  1939,  508  §  13;  paragraph  (2)  re- 
vised, 1937,  438  §  1;  amended,  1939,  508  §  14;  paragraph  (5)  added  at 
end,  1937,  302;  paragraph  (6)  added,  1938, 444  §  3.    (See  1939,  508  §  17.) 

Sect.  10,  paragraph  (2)  revised,  1932,  255;  paragraph  (4)  amended, 
1937,  438  §  2;   paragraph  (8)  amended,  1936,  386  §  1;  paragraph  (10) 


Chap.  32.]  GENERAL  LaWS.  1283 

amended,  1936,  386  §  2,  revised,  1937,  438  §  3;  paragraphs  (11)  and 
(12)  stricken  out,  1937,  438  §  4;  paragraph  (17)  amended,  1938,  444  §  4; 
paragraph  (19)  revised,  1938,  444  §  5;  paragraph  (20)  added,  1938, 
444  §  6. 

Sect.  11,  paragraph  (5)  revised,  1936,  400  §  2. 

Sect.  16,  paragraph  (2)  revised,  1939,  508  §  15. 

Sect.  19,  second  paragraph  revised,  1939,  451  §  4. 

Sect.  20,*  paragraph  added,  1934,  258  §  1. 

Sect.  23,*  paragraph  (5)  revised,  1934,  258  §  2. 

Sect.  24,*  paragraph  (2)  A  amended,  1935,  243. 

Sect.  25,*  paragraph  (2)  A  (h)  revised,  1936,  301  §  1;  paragraph 
(2)  B  (b)  revised,  1936,  301  §  2;  paragraph  (F)  added  at  end,  1936, 
301  §  3. 

Sects.  20-25,  as  amended,  and  the  heading  before  said  section  20, 
stricken  out  and  new  sections  20-251  inserted,  under  heading  "county 

AND  certain  hospital  DISTRICT  RETIREMENT  SYSTEMS",   1936,  400   §   1 

(providing  for  contributory  retirement  systems  for  counties  and  certain 
hospital  districts).    (See  1936,  400  §  5;   1937,  336  §  3.) 

The  following  references  to  sections  20-251  apply  to  sections  inserted  by 
1936,  400  §  1 : 

Sect.  20,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  1;  definition  of  "Employee"  revised,  1938,  217,  464 
§  3;  definition  of  "Member"  revised,  1941,  379  §  5. 

Sect.  21,  paragraph  (1)  (o),  revised,  1939,  158  §  1;  1941,  670  §  2; 
paragraphs  (1)  (6),  (1)  (c)  and  (1)  (d)  revised,  1937,  336  §,2;  paragraph 
(1)  (e)  revised,  1941,  670  §  3;  paragraph  (/)  added  at  end  of  subdivision 
(1),  1939,  158  §  2;  stricken  out,  1941,  670  §  3A;  subdivision  (2)  revised, 
1941,  335;  subdivision  (3)  amended,  1941,  670  §  4.    (See  1937,  336  §  3.) 

Sect.  22,  paragraph  (5)  amended,  1937,  336  §  4;   1941,  670  §  5. 

Sect.  23,  paragraph  added  at  end  of  subdivision  (1),  1937,  336  §  5. 

Sect.  24,  subdivision  (1)  amended,  1941,  670  §  6. 

Sect.  25,  paragraph  (1)  amended,  1941,  670  §  7;  first  clause  of  para- 
graph (2)  revised,  1937,  336  §  6. 

Sect.  25B,  revised,  1941,  379  §  6. 

Sect.  25D,  revised,  1941,  379  §  7. 

Sect.  25F,  paragraph  (6)  amended,  1937,  336  §  7. 

Sect.  25G,  paragraph  (1)  (a)  amended,  1937,  336  §  8;  paragraph  (1) 
(d)  amended,  1937,  336  §  9. 

Sect.  25H,  paragraph  (1)  revised,  1941,  113  §  2. 

Sect.  251,  last  paragraph  revised,  1937,  336  §  10. 

Sects.  26-31  stricken  out  and  new  sections  26-311  inserted,  1936,  318 
§  1  (providing  for  contributory  retirement  svstems  for  cities  and  towns 
that  may  be  accepted  by  them).    (See  1936,^318  §§  5-7.) 

The  following  references  to  sections  26  to  311  are  to  sections  inserted  by 
1936,  318  §  1: 

Sect.  26,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  11;  definition  of  "Employee"  revised,  1938,  464  §  4; 
1941,  411  §  1;  definition  of  "Member"  revised,  1941,  379  §  8.  (See 
1941,  411  §  3.) 

Sect.  27,  paragraph  (1)  (a)  revised,  1938,  360  §  1;  1941,  670  §  8; 
paragraph  (1)  (6)  revised,  1937,  336  §  12;   last  sentence  revised,  1938, 

*  See  later  amendments  to  sections  20  to  25,  inclusive. 


1284  Changes  in  the  [Chap.  32, 

360  §  2;  paragraph  (1)  (c)  revised,  1937,  336  §  12;  paragraph  (1)  (d) 
revised,  1937,  336  §  12;  last  sentence  revised,  1938,  360  §  3;  paragraph 
(1)  (e)  revised,  1938,  360  §  4;  1941,  670  §  9;  paragraph  (1)  (/)  added, 
1938,  360  §  5;  paragraph  (1)  (g)  added,  1941,  670  §  10;  paragraph  (2) 
revised,  1939,  228;  amended,  1941,  670  §  11;  paragraph  (3)  amended, 
1941,  670  §  12. 

Sect.  28,  paragraph  (2)  revised,  1941,  670  §  12A;  paragraph  (5) 
amended,  1937,  336  §  13;   1941,  670  §  13. 

Sect.  29,  subdivision  (1)  amended,  1941,  670  §  14;  second  paragraph 
of  subdivision  (1)  stricken  out  and  two  paragraphs  inserted,  1937, 
336  §  14;  second  of  said  inserted  paragraphs  amended,  1941,  670  §  15; 
paragraph  added  after  second  of  said  inserted  paragraphs,  1941,  670 
§  16;  paragraph  (2)  (6)  revised,  1938,  360  §  6;  paragraph  (2)  (c) 
amended,  1938,  270;  paragraph  (2)  (d)  amended,  1937,  336  §  15;  sec- 
ond sentence  revised,  1938,  360  §  7;  paragraph  (2)  (e)  revised,  1938, 
360  §  8;  paragraph  (2)  (g)  added,  1941,  409  §  1. 

Sect.  30,  subdivision  (1)  amended,  1941,  670  §  17. 

Sect.  31,  subdivision  (1)  amended,  1941,  670  §  18;  first  paragraph  of 
subdivision  (2)  revised,  1^37,  336  §  16;  paragraph  added  at  end  of  sub- 
division (2),  1941,  670  §  19. 

Sect.  31B  revised,  1941,  379  §  9;  sentence  added  at  end,  1941,  670  §  20. 

Sect.  3 ID  revised,  1941,  379  §  10. 

Sect.  31E,  paragraph  (4)  added  at  end,  1941,  409  §  2. 

Sect.  31F,  paragraph  (1)  (6)  amended,  1937,  57  §  1;  paragraph  lA 
added,  1937,  57  §  2;  paragraph  (1)  (c)  revised,  1938,  284  §  1,  464  §  5; 
paragraph  (2)  revised,  1938,  464  §  6.    (See  1937,  57  §  4;  1938,  284  §  2.) 

Sect.  31G,  paragraph  (1)  (a)  revised,  1941,  411  §  2;  paragraph 
(1)  (d)  amended,  1937,  336  §  17;  paragraph  (6)  (a)  revised,  1938,  360 
§  9;   paragraph  (6)  (6)  amended,  1938,  360  §  10.     (See  1941,  411  §  3.) 

Sect.  31H,  paragraph  (1)  revised,  1941,  113  §  1. 

Sect.  311,  paragraph  (3)  amended,  1937,  57  §  3;  paragraph  (4) 
added,  1941,  377;  paragraph  (4)  added,  1941,  386;  paragraph  last 
referred  to  stricken  out  and  paragraph  (5)  substituted,  1941,  722  §  4. 
(See  1937,  57  §  4.) 

Sect.  31J  inserted  after  the  heading  "general  provisions"  imme- 
diately before  section  32,  1936,  400  §  3  (relative  to  the  definition  of 
certain  words  used  in  said  General  Provisions). 

Sect.  33  amended,  1936,  301  §  4;  318  §  2;  repealed,  1936,  400  §  4. 
(See  1936,  318  §§  5-7;  400  §§  2  and  5.) 

Sect.  34,  second  paragraph  revised,  1941,  584  §  1. 

Sect.  34 A  added,  1941,  584  §  2  (relative  to  the  expense  incurred  by 
the  commissioner  of  insurance  in  examining  the  affairs  of  certain  retire- 
ment systems). 

Sect.  36  amended,  1937,  336  §  18. 

Sects.  37A-37D  added,  1936,  318  §  3  (miscellaneous  provisions  rela- 
tive to  contributory  retirement  systems  under  G.  L.  chap.  32).  (See 
1936,  318  §§  5-7.) 

Sect.  370,  paragraph  added  at  end,  1938,  360  §  lOA;  section  revised, 
1938,  439  §  2.     (See  1938,  360  §  lOB;  439  §  7.) 

Sect.  37D,  first  paragraph  revised,  1937,  336  §  19;  first  paragraph 
stricken  out,  and  two  paragraphs  inserted,  1939,  449  §  1;  paragraph 
added  at  end,  1938,  464  §  1.    (See  1939,  449  §  2.) 


Chap.  32.]  GENERAL   LaWS.  1285 

Sect.  37E  added,  1937,  336  §  20  (providing  minimum  retirement 
allowances  for  certain  members  of  count}^,  city  or  town  contributory 
retirement  systems);  paragraph  (1)  revised,  1941,  184  §  1;  paragraph 
(2)  revised,  1938,  360  §  11;  paragraph  (3)  added  at  end,  1938,  439  §  3; 
paragraph  (4)  added  at  end,  1941,  670  §  21.  (See  1938,  439  §  7;  1941, 
184  §  2.) 

Sect.  37F  added,  1938,  464  §  2  (permitting  members  of  certain  con- 
tributory retirement  systems  of  governmental  units  to  make  contribu- 
tions on  account  of  prior  service  with  other  such  units  having  no  such 
systems);  revised,  1939,  316;  1941,  670  §  22. 

Sect.  37G  added,  1941,  670  §  23  (relative  to  the  rights  of  employees 
of  two  or  more  govermnental  units  having  retirement  systems). 

Sect.  38  amended,  1937,  336  §  21. 

Sect.  38A  added,  1938,  439  §  4  (relative  to  the  definitions  of  certain 
terms  or  words  used  in  sections  thirty-two  to  thirty-eight,  inclusive). 
(See  1938,  439  §  7.) 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1, 
(See  1937,  202.) 

Sect.  46  revised,  1941,  344  §  1. 

Sect.  47  amended,  1941,  344  §  2. 

Sect.  48  revised,  1938,  379. 

Sect.  52  amended,  1932,  114  §  1. 

Sect.  53  amended,  1932,  114  §  2. 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  same  paragraph 
amended,  1937,  102  §  2;  1938,  452  §  1.     (See  1938,  452  §  2.) 

Sect.  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §  3. 

Sects.  61-64  repealed,  1937,  409  §  2.    (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 
1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary);  amended,  1939,  451  §  5.  (See  1937, 
409  §§  5-7.) 

Sect.  65B  added,  1941,  689  §  1  (providing  pensions  for  special  jus- 
tices of  district  courts).     (See  1941,  689  §  2.) 

Sect.  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sects.  68A-68C  added,  1939,  503  §  3  (relative  to  the  retirement  of 
members  of  the  state  police).     (See  1939,  503  §  5.) 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4;  repealed,  1939,  441  §  4.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6;  section  revised,  1938,  323  §  1. 

Sect.  76  revised,  1938,  323  §  2. 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1;  1939,  243;  paragraph 
(c)  added  at  end,  1936,  290  §  2.    (Affected,  1937,  102  §  7,  283.) 

Sect.  78  revised,  1939,  361  §  1.  (Affected,  1937,  102  §  7,  283;  1939, 
361  §  2.) 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  aboHtion 
of  non-contributory  pensions  under  certain  provisions  of  general  law 


1286  Changes  in  the  [Chap.  33. 

for  laborers);    amended,  1937,  102  §  7;    revised,  1937,  283  §  1.     (See 

1937,  283  §  2.) 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8. 

Sect.  81  amended,  1933,  103;   1938,  277  §  1.    (See  1938,  277  §  3.) 

Sect.  83  amended,  1936,  439  §  2;  1938,  277  §  2;  last  sentence  of  first 
paragraph  revised,  1939,  264  §  1.    (See  1938,  277  §  3;  1939,  264  §  2.) 

Sect.  85  amended,  1936,  439  §  3. 

Sect.  85A  revised,  1935,  31  §  1.     (See  1935,  31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 
ing of  certain  members  of  the  police  forces  of  park  boards  of  cities  and 
towns). 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  aboHtion 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  pohcemen  and  firemen);   amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain  call 
members  of  fire  departments  in  certain  towns). 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  §  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326.     (See  1933,  340  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Sect.  91  revised,  1938,  439  §  5;  amended,  1941,  670  §  24.  (See  1938, 
439  §  7;   1941,  670  §  26.) 

Chapter  33.  —  Militia. 

Act  establishing  a  special  military  reservation  commission,  and  au- 
thorizing the  acquisition  by  the  commonwealth  for  military  purposes 
of  certain  properties  in  Sandwich,  Bourne,  Falmouth  and  Mashpee, 
1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§  1,  2;  reservation  enlarged,  1941,  5.    (See  1938,  331.) 

The  following  references  are  to  chapter  33,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  6  revised,  1933,  254  §  1;  1938,  440  §  lA.  (See  1933,  254  §  66; 

1938,  440  §  23.) 

Sect.  7  revised,  1938,  440  §  1.    (See  1938,  440  §  23.) 

Sect.  18  amended,  1932,  15. 

Sect.  22,  paragraph  in  third  fine  revised,  1937,  192  §  1. 

Sect.  25A  added,  1935,  295  §  1  (further  regulating  the  calling  out 
of  the  militia  as  an  aid  to  the  civil  power  of  the  commonwealth). 

Sect.  26  amended,  1935,  295  §  2. 

Sect.  31  amended,  1935,  295  §  3. 

Sect.  32  revised,  1935,  295  §  4. 

Sect.  33  revised,  1935,  295  §  5. 

Sect.  34  amended,  1935,  295  §  6. 

Sect.  48,  subsection  (a)  revised,  1932,  161;  same  subsection  amended, 
1933,  166. 

Sect.  60  amended,  1933,  153  §  1;  1934,  120;  1939,  144  §  1. 

Sect.  67  revised,  1935,  205. 

Sect.  82,  subsection  (e)  added,  1938,  433  (making  the  United  States 
property  and  disbursing  officer  for  Massachusetts  the  finance  officer  of 
the  Massachusetts  National  Guard,  defining  his  powers  and  duties  and 
estabhshing  his  compensation). 

Sect.  90,  paragraph  in  fines  63-65  revised,  1934,  106;  last  sentence 
of  paragraph  (k)  revised,  1933,  17;  paragraph  (k)  revised,  1937,  192  §  2, 


Chaps.  34, 35.]  GENERAL  LawS.  1287 

Sect.  98,  sentence  added  at  end,  1933,  6. 

Chapter  stricken  out  and  new  chapter  33  inserted,  1939,  425  §  1.  (See 
1939,  425  §  2.) 

The  following  references  are  to  the  new  chapter  33 : 

Sect.  47  revised,  1941,  318. 

Sect.  49  amended,  1941,  217  §  1. 

Sect.  65,  paragraph  (a)  amended,  1941,  395. 

Sect.  69,  subdivision  (c)  amended,  1941,  577  §  1.  (See  1941,  577  §  2.) 

Sect.  79  amended,  1941,  490  §  8. 

Sect.  153  amended,  1941,  458. 

Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1;  revised,  1939,  31  §  1.  (See  1935, 
257  §  12.) 

Sect.  7  amended,  1935,  257  §  2;  last  sentence  stricken  out,  1939, 
31  §  2.     (See  1935,  257  §  12.) 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  17  revised,  1932,  74;  affected,  1939,  452  §  7. 

Sect.  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 
gifts). 

Chapter  35.  —  County  Treasurers,   State  Supervision  of  County  Accounts 

and  County  Finances. 

For  temporary  legislation  increasing  the  salaries  of  certain  officers  and 
employees  in  the  service  of  certain  counties,  see  1942,  15. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  cer- 
tain other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64, 
83,  414;  1938,  50;  1939,  423  §§  1,  2;  1941,  639  §  1. 

For  legislation  relative  to  the  issuance  and  renewal  of  certain  tem- 
porary loans  in  anticipation  of  federal  grants  for  public  works  projects, 
see  1938,  82;  1941,  639  §§  2,  3.  . 

Provisions  relative  to  travel  allowance  of  county  employees  using  cer- 
tain cars  on  official  business,  1933,  322  §  4;  1939,  452  §  2;  1941,  528  §  3. 

Provisions  relative  to  expenses  incurred  for  meals  by  county  em- 
ployees, 1939,  452  §  3;   1941,  528  §  2. 

For  legislation  relative  to  the  compensation  of  substitutes  for  regular 
county  employees,  see  1939,  452  §  4. 

For  legislation  relative  to  compensation  for  extra  or  unusual  duties 
of  county  employees,  see  1939,  452  §  5. 

For  legislation  requiring  notices  inviting  bids  on  certain  contracts, 
see  19^39,  452  §  8. 

Sect.  3  revised,  1932,  56;  sentence  added  at  end,  1939,  109  §  2. 

Sect.  21  amended,  1937,  64  §  2. 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2;  revised,  1939,  501 
§  1.     (See  1933,  318  §  9;  1934,  291  §  6.) 

Sect.  29  revised,  1939,  501  §  2. 

Sect.  30  revised,  1939,  501  §  3. 


1288  Changes  in  the  [Chaps.  36-40. 

Sect.  34  revised,  1937,  36;  amended,  1939,  501  §  4. 

Sect.  36A  amended,  1939,  501  §  5. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29. 

Sect.  40  amended,  1936,  23  §  1. 

Sect.  43 A  revised,  1939,  214  §  1. 

Sect.  43B  added,  1939,  214  §  2  (relative  to  the  effect  of  the  filing  of 
annual  fidelity  bonds  bv  country  officers  and  employees). 

Sect.  49  amended,  1935,  182  §  1;  1938,  347  §  1;  1939,  165  §  1;  1941, 
447  §  1.  (See  1935,  182  §  6;  1938,  347  §  3;  1939,  165  §  3;  1941,  447 
§§  4,  5.) 

Sect.  51  amended,  1938,  73  §  2. 

Sect.  52,  second  paragraph  revised,  1938,  73  §  1. 

Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1;  1939,  214  §  3. 

Sect.  24A  added,  1941,  89  (authorizing  the  recording  of  certified 
copies  of  petitions,  decrees  and  orders  filed  or  made  pursuant  to'  the 
federal  bankruptcy  laws  and  thereby  giving  effect  to  certain  provi- 
sions of  said  laws). 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  1,  paragraph  in  lines  70-76  amended,  1939,  260;  section 
amended,  1939,  451  §  6. 

Sect.  3  revised,  1939,  214  §  4. 

Sect.  6  amended,  1939,  475. 

Sect.  7  amended,  1941,  366. 

Sect.  8  revised,  1932,  118  §  1;  amended,  1939,  30  §  1.  (See  1939, 
30  §  2.) 

Sect.  11  amended,  1941,  499. 

Chapter  39.  —  Municipal  Government. 

Sect.  10  amended,  1935,  403  §  1 ;  1939,  182.  (See  1935,  403  §  2.) 
Sect.  19  repealed,  1934,  39  §  1. 
Sect.  20  amended,  1934,  39  §  2. 
Sect.  23  amended,  1934,  39  §  3. 

Chapter  40.  —  Powers  and  Duties  of  Cities  and  Towns. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired  by 
cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities 
and  towns  through  purchase,  1939,  123;  further  amended  and  extended, 
1941,  296. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6;  section  amended, 
1941,  351  §  3.    (See  1932,  271  §  7.) 


Chap.  40.]  GENERAL   LaWS.  1289 

Sect.  5,  clause  (1)  amended,  1933,  318  §  3  (see  1933,  318  §  9);  1935, 
106;  revised,  1935,  179;  amended,  1939,  19;  clause  (2)  amended,  1936, 
390;  clause  (5A)  added,  1938,  172  §  1  (authorizing  appropriations  to 
establish  a  water  supply);  clause  (12)  amended,  1932,  114  §  3;  1933, 
153  §  2,  245  §  2;  revised,  1936,  132  §  1,  163;  amended,  1941,  217  §  2; 
clause  (28)  revised,  1936,  211  §  5  (see  1936,  211  §  7);  clause  (38)  added, 

1934,  154  §  1  (authorizing  appropriations  for  protection  of  interests  in 
real  estate  held  under  tax  title  or  taking);  clause  (39)  added,  1935,  28 
(authorizing  appropriations  for  the  purpose  of  co-operating  with  the 
federal  government  in  certain  unemployment  relief  and  other  projects); 
clause  (40)  added,  1937,  185  (authorizing  appropriations  for  eyeglasses 
for  needy  school  children);  clause  (41)  added,  1938,  142  §  1  (authoriz- 
ing cities  and  towns  to  appropriate  money  for  stocking  inland  waters 
therein  with  fish  and  for  liberating  game  therein) ;  amended,  1941,  599 
§  4.     (See  1938,  142  §  2.) 

Sect.  5A  added,  1936,  40  (providing  for  the  estabhshment  of  reserve 
funds  for  cities) ;  amended,  1937,  34. 

Sects.  5,  6.  Temporary  acts,  effective  during  1935  to  1943,  inclu- 
sive, authorizing  appropriations  for  a  general  unemployment  rehef  fund, 

1935,  90;   1937,  4;  1939,  46  §§  1,  2. 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  paragraph 
added  at  end,  1937,  255. 

Sect.  11  amended,  1941,  490  §  9. 

Sect.  12A  repealed,  1941,  598  §  5. 

Sect.  13,  paragraph  added  at  end,  1941,  130. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  17  amended,  1933,  254  §  2.     (See  1933,  254  §  66.) 

Sect.  21,  clause  (16)  added  at  end,  1941,  346  §  1. 

Sects.  25-33.  For  special  zoning  provisions  for  Boston,  see  1924, 
488  and  amendments  prior  to  1932;    1932,  143;    1933,  204;    1934,  210; 

1936,  240;   1941,  373. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.     (See  1933,  269  §  4.) 

Sect.  27  revised,  1941,  320. 

Sect.  27A  added,  1938,  133  §  1  (to  prevent  multiphcity  of  proposals 
for  the  same  change  in  zoning  ordinances  or  by-laws). 

Sect.  28  revised,  1941,  176. 

Sect.  30,  paragraph  in  lines  54-60  (as  appearing  in  1933,  269  §  1) 
stricken  out  and  two  paragraphs  added,  1941,  198  §  1;  paragraph  in 
fines  61-70  (as  so  appearing)  amended,  1935,  388  §  1;  clause  (1)  in  fines 
72-76  (as  so  appearing)  revised,  1941,  198  §  2;  paragraph  in  fines 
80-90  (as  so  appearing)  amended,  1935,  388  §  2.     (See  1941,  198  §  3.) 

Sect.  30A  stricken  out  and  reinserted  as  section  30B  and  new  sec- 
tion 30A  inserted,  1938,  133  §  2  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  the  application  of  zoning  ordinances  or  by-laws). 

Sect.  32  revised,  1933,  185  §  1;  amended,  1941,  520  §  1.  (See  1933, 
185  §  2;   1941,  520  §  2.) 

Sect.  38  revised,  1938,  172  §  2;  paragraph  added  at  end,  1941, 
465  §  1. 

Sects.  39A-39G  added,  1938,  172  §  3  (authorizing  the  estabhshment 
and  maintenance  of  water  supply  and  distributing  systems). 

Sect.  39A  revised,  1941,  465  §  2. 


1290  Changes  in  the  [Chap.  41. 

Sect.  40  revised   1933  314. 

Sect!  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1;  revised, 
1938,  415  §  1;  amended,  1941,  380  §  1.  (See  1932,  197  §  3;  1938, 
415  §7;    1941,  380  §  7.) 

Sect.  42B  amended,  1935,  56  §  1;  revised,  1936,  42  §  2;  1938,  415 
§  2;  revised,  1941,  380  §  2.  (See  1935,  56  §  2;  1938,  415  §  7;  1941, 
380  §  7.) 

Sect.  42C  amended,  1935,  248  §  1;  revised,  1938,  415  §  3;  1941, 
380  §  3.     (See  1938,  415  §  7;   1941,  380  §  7.) 

Sect.  42D,  last  sentence  revised,  1935,  248  §  2;  section  revised,  1938, 
415  §  4;   1941,  380  §  4.    (See  1938,  415  §  7;   1941,  380  §  7.) 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6;  same  sentence  re- 
vised, 1939,  451  §  7;  section  amended,  1941,  380  §  5.  Affected,  1938, 
415  §  7.     (See  1941,  380  §  7.) 

Sect.  42F  affected,  1938,  415  §  7;   1941,  380  §  7. 

Sect.  43A  (relative  to  pipe  lines  for  conveying  petroleum  and  its 
products  and  by-products)  added  under  the  heading  "petroleum  and 
ITS  products  and  by-products",  1941,  678  §  2. 

Sect.  51  revised,  1937,  196. 

Chapter  41.  —  Officers  and  Employees  of  Cities,  Towns  and  Districts. 

Provisions  of  G.  L.  chapter  41  authorizing  or  requiring  the  fixing 
of  terms  of  office  of  members  of  any  board,  commission  or  body  affected 
by  1938,  341  §  2. 

Sect.  1,  paragraph  in  hne  10  revised,  1934,  155  §  1;  paragraph  in 
lines  15-16  revised,  1939,  129;  paragrap_h  in  line  25  revised,  1939,  3; 
paragraph  added  at  end,  1938,  341  §  2. 

Sect.  5  amended,  1934,  39  §  4. 

Sect.  11  amended,  1938,  341  §  3. 
-  Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 

Sect.  19,  last  sentence  revised,  1938,  66. 

Sect.  19A  added,  1933,  70  §  1  (requiring  the  fiHng  with^the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assist- 
ant or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to 
said  secretary  to  authenticate  attestations  of  any  such  officer).  (See 
1933,  70  §  2.) 

Sect.  21,  last  paragraph  revised,  1934,  155  §  2.    (See  1934,  155  §  4.) 

Sect.  24A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 

Sect.  25A  revised,  1937,  129  §  3. 

Sect.  26  revised,  1937,  129  §  4.  . 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel  by 
boards  of  assessors  in  certain  cases). 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  28  amended,  1939,  342  §  2. 

Sect.  35> vised,  1937,  143  §  2;  sentence  added  at  end,  1939,  109  §  1. 

Sect.  37  revised,  1933,  82  §  2;   amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201;  revised,  1941,  211. 


Chap.  42.]  GENERAL   LaWS.  1291 

Sect.  39A  added,  1939,  89  (providing  for  the  appointment  of  assist- 
ant treasurers  of  cities  and  towns). 

Sect.  40  revised,  1937,  143  §  3. 

Sect.  43A  added,  1939,  88  (requiring  municipalities  to  indemnify 
and  protect  collectors  of  taxes  in  the  performance  of  their  duties  in 
certain  cases);  revised,  1941,  99. 

Sect.  54A  amended,  1936,  62. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect  66  revised   1934   155  5  3. 

Sects.  69A  and  69B  added,  1938,  172  §  4  (relative  to  the  establish- 
ment and  powers  and  duties  of  boards  of  water  commissioners  in  certain 
towns). 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1.    (See  1936,  211  §  7.) 

Sect.  72  revised,  1936,  211  §  2.     (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3.    (See  1936,  211  §  7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  of  munic- 
ipal planning",  1936,  211  §  4.     (See  1936,  211  §  7.) 

Sect.  81  A,  last  paragraph  revised,  1938,  113. 

Sect.  86  amended,  1939,  261  §  5. 

Sect.  91B  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  96A  added,  1938,  342  (disqualifying  felons  from  appointment 
to  the  police  forces  or  departments  of  cities,  towns  and  districts). 

Sect.  99  amended,  1932,  124. 

Sect.  100,  sentence  added  at  end,  1933,  324  §  3;  section  amended, 
1938,  298. 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3.  (See  1933,  318 
§§  8,  9;  1934,  291  §  6.) 

Sect.  105  amended,  1936,  132  §  2. 

Sect.  Ill  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15; 
1941,  368. 

Sect.  Ill  A  amended,  1934,  107. 

Chapter  42.  —  Boundaries  of  Cities  and  Towns. 

Boundary  line  between  Saugus  and  Wakefield  (portion)  established, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;  between  Oak  Bluffs  and  Tisbury  (portion)  established,  1935,  145; 
between  Brewster  and  Orleans  (portion)  estabhshed,  1935,  356;  between 
Middleton  and  Topsfield  established,  1936,  96;  between  Foxborough 
and  Walpole  established,  1937,  140;  between  Edgartown  and  Oak 
Bluffs  (portion)  established,  1937,  265;  between  ArUngton  and  Bel- 
mont (portion)  estabhshed,  1938,  371;  between  Rochester  and  Ware- 
ham  and  between  Marion  and  Wareham  (portion)  estabhshed,  1939, 
279;  between  Fitchburg  and  Leominster  (portion)  established,  1941, 
37,  698;  between  Bellingham  and  Frankhn,  1941,  641. 

Sect.  1  revised,  1933,  278  §  3. 


1292  Changes  in  the  [Chaps.  43, 43A. 


Chapter  43.  —  City  Charters. 

Sect.  1,  three  paragraphs  inserted  after  word  "inclusive"  in  line  22, 
1938,  378  §  1. 

Sect.  5,  paragraph  added  at  end,  1938,  378  §  2. 

Sect.  7  amended,  1939,  451  §  8. 

Sect.  8,  form  of  petition  revised,  1938,  378  §  3. 

Sect.  9  revised,  1941,  640  §  1.     (See  1941,  640  §  7.) 

Sect.  10,  paragraph  added  at  end,  1938,  378  §  4. 

Sect.  11  revised,  1941,  640  §  2.     (See  1941,  640  §  7.) 

Sect.  15  amended,  1933,  313  §  7;  last  paragraph  amended,  1938, 
378  §  5;  section  revised,  1941,  640  §  3.    (See  1941,  640  §  7.) 

Sect.  17  revised,  1938,  378  §  6. 

Sect.  18,  paragraph  nmnbered  4  inserted,  1938,  378  §  7. 

Sect.  19  revised,  1938,  378  §  8. 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1;  amended,  1938, 
378  §  9. 

Sect.  29  revised,  1938,  378  §  10. 

Sect.  30  revised,  1938,  378  §  11. 

Sect.  31  amended,  1938,  378  §  12. 

Sect.  36  revised,  1938,  378  §  13. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30;  first  paragraph  revised,  1938, 
378  §  14;  last  sentence  of  first  paragraph  stricken  out,  1941,  640  §  4. 
(See  1941,  640  §  7.) 

Sect.  44C,  first  paragraph  amended,  1937,  147. 

Sect.  44H  amended,  1932,  180  §  7;  1941,  640  §  5.    (See  1941,  640  §  7.) 

Sect.  46  amended,  1939,  451  §  9. 

Sect.  50A  added,  1936,  135  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter). 

Sects.  93-116  added,  under  the  heading  "Plan  E.  —  Government 

BY  A  city  council  INCLUDING  A  MAYOR  ELECTED  FROM  ITS  NUMBER, 
AND  A   CITY   MANAGER,   WITH  ALL   ELECTIVE   BODIES   ELECTED  AT  LARGE 

BY  PROPORTIONAL  REPRESENTATION",  1938,  378  §  15  (providing  an  ad- 
ditional optional  standard  form  of  city  charter  under  which  substantial 
control  of  the  city  government  is  vested  in  a  city  council  elected  at 
large  by  proportional  representation,  with  a  city  manager  appointed 
and  removable  at  pleasure  by  the  city  council). 

Sect.  100  amended,  1941,  722  §  5. 

Sect.  102  amended,  1941,  722  §  6. 

Sect.  110,  form  of  petition  amended,  1941,  722  §  7. 

Chapter  43A.  —  Standard  Form  of  Representative  Town  Meeting 
Government. 

Act  relative  to  Wellesley,  1932,  202;  to  Needham,  1932,  279;  to 
Webster,  1933,  13;  to  South  Hadley,  1933,  45;  to  Easthampton,  1933, 


Chap.  44.]  GENERAL   LawS.  1293 

178;  to  Milford,  1933,  271;  to  Adams,  1935,  235;  to  Falmouth,  1935, 
349;  to  Amherst,  1936,  10;  to  Amesbury,  1936,  39;  to  Braintree,  1936, 
56;   1937,  17;  to  Natick,  1938,  2;  to  Palmer,  1939,  110. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 

Sect.  4,  first  paragraph  amended,  1936,  128. 


Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933, 
49,  104;  1935,  221,  300,  456;  1936,  281;  1938,  57;  1939,  288,  496; 
1941,  129. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Rehef  Appropriation  Act  of  1935  and  cer- 
tain other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64, 
83,  414;   1937,  159;   1938,  50;   1939,  423  §§  1,  2;   1941,  639  §  1. 

For  emergency  legislation  authorizing  cities  and  towns  to  make  cer- 
tain appropriations  in  time  of  war  or  national  emergency,  see  1941,  487. 

For  legislation  authorizing  the  renewal  by  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1935,  12;   1938,  25;   1939,  68;   1941,  134. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,6,7,8;   1941,731  §§2,3,4,6,7,8. 

For  temporary  act  authorizing  cities  and  towns  to  borrow  on  account 
of  public  welfare  and  soldiers'  benefits  from  the  commonwealth  and 
elsewhere,  and  authorizing  the  commonwealth  to  issue  bonds  or  notes 
to  provide  funds  therefor,  see  1933,  307  (as  changed  by  1933,  344  §§  3,  4; 

1934,  335;  and  as  affected  by  1933,  367  §  1). 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 

1935,  1936,  1937,  1938,  1939  and  1940,  on  account  of  pubhc  welfare 
^  and  soldiers'  benefits  and  their  share  of  the  cost  of  certain  federal  emer- 
'  gency  unemployment  relief  projects,  see  1935,  188;  1936,  80;  1937,  107; 

1938,  58;  1939,  72,  453.     (See  1935,  456;  1936,  257.) 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 
1941  and  1942,  on  account  of  public  welfare,  soldiers'  benefits,  federal 
emergency  unemployment  relief  projects  and  the  installation  of  the 
Federal  Surplus  Commodities  Stamp  Plan,  so  called,  see  1941,  92. 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency public  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64;  further  provision  for  the  issuance  and  renewal  of  such 
borrowings,  1938,  82;  1941,  639  §§  2,  3. 

For  temporary  legislation  authorizing  any  city  or  town  to  expend 
money  in  co-operation  with  the  federal  government  prior  to  the  pas- 
sage of  its  annual  budget,  see  1938,  180;   1941,  58. 

For  legislation  regulating  the  use  of  receipts  from  the  sale  by  cities 
and  towns  of  federal  surplus  commodity  stamps,  1941,  65. 

Sect.  2  revised,  1936,  224  §  4.     (See  1936,  224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16. 


1294  Changes  in  the  [Chaps.  45, 46. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  antici- 
pation of  revenue  exempted  from  charter  provisions  relative  to  publi- 
cation and  referendum). 

Sect.  5  amended,  1939,  37. 

Sect.  5A  amended,  1935,  68  §  4. 

Sect.  7  amended,  1936,  224  §  5.     (See  1936,  224  §§11,  12.) 

Sect.  8,  clause  (3)  revised,  1938,  172  §  5;  clause  (5)  revised,  1941, 
83;  clause  (9)  amended,  1939,  457. 

Sect.  8A  added,  1939,  108  §  1  (providing  for  submitting  to  the  voters 
of  certain  cities  the  question  of  approving  or  disapproving  orders  author- 
izing the  issue  of  bonds,  notes  or  certificates  of  indebtedness  for  certain 
purposes).     (See  1939,  108,  §  2.) 

Sect.  9  amended,  1941,  376. 

Sect.  10  amended,  1936,  224  §  6;  1939,  24  §  1.  (See  1936,  224  §§  11, 
12.) 

Sect.  11  amended,  1936,  224  §  7.     (See  1936,  224  §§  11,  12.) 

Sect.  12  amended,  1936,  224  §  8.     (See  1936,  224  §§  11,  12.) 

Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.  (See  1936,  224 
SS  11    19^ 

Sect.  22  amended,  1936,  224  §  9.     (See  1936,  224  §§  11,  12.) 

Sect.  29.  As  to  tax  hmit  of  Boston,  see  1932,  125;  1933,  159;  1934, 
201;   1935,284;   1936,224. 

Sect.  31 A  added,  1941,  473  §  1  (relative  to  budgets  in  certain  cities). 

Sect.  32,  paragraphs  added  at  end,  1938,  175  §  1,  378  §  16;  section 
revised,  1941,  473  §  2. 

Sect.  33  revised,  1941,  473  §  3. 

Sect.  34  revised,  1938,  170;  paragraph  added  at  end,  1941,  93. 

Sect.  35  amended,  1941,  454. 

Sect.  40  amended,  1939,  339. 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions 
of  law  relative  to  investigations  of  municipal  accounts  and  financial 
transactions  by  the  director  of  accounts).  [For  prior  temporary  legis- 
lation, see  1926,  210;   1929,  335.] 

Sect.  51  amended,  1934,  355;  repealed,  1938,  458. 

Sect.  54  amended,  1933,  200. 

Sect.  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).     (See  1934,  229  §§  2,  3.) 

Sect.  64  added,  1941,  179  (authorizing  towns  to  appropriate  money 
for  the  payment  of  certain  unpaid  bills  of  previous  years). 

Chapter  45.  —  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Sect.  2  amended,  1941,  10  §  1. 

Sect.  17A  added,  1938,  220  (authorizing  cities  and  towns  to  use  cer- 
tain ways  therein  for  playground  purposes). 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1; 
fourth  paragraph  amended,  1941,  51. 

Sect.  1A  added,  1939,  61  §  1  (further  regulating  the  making  and 
recording  of  certificates  of  birth  of  certain  abandoned  children  and 
foundlings). 


Chap.  48.]  GENERAL  LawS.  1295 

Sect.  2A  added,  1933,  279  (regulating  the  impounding  of  birth  rec- 
ords of  children  born  out  of  wedlock) ;  amended,  1937,  78  §  1 ;  revised, 
1939,  269  §  1. 

Sect.  3,  paragraph  added  at  end,  1939,  326  §  1. 

Sect,  4A  added,  1941,  434  (providing  for  the  verification  of  returns 
of  births). 

Sect.  6  revised,  1939,  61  §  2. 

Sect.  9  amended,  1936,  100. 

Sect.  12  amended,  1937,  78  §  2. 

Sect.  13,  paragraph  in  first  to  sixth  lines  amended,  1939,  61  §  3; 
second  paragraph  amended,  1933,  280  §  2;  second  paragraph  stricken 
out  and  two  new  paragraphs  inserted,  1938,  63 ;  paragraph  in  eighteenth 
and  nineteenth  fines,  as  appearing  in  Tercentenary  Edition,  amended, 
1938,  97;  fourth  paragraph,  as  so  appearing,  amended,  1941,  50; 
paragraph  added  at  end,  1939,  61  §  4. 

Sect.  16  amended,  1941,  351  §  4. 

Sect.  17  revised,  1932,  12;  amended,  1939,  269  §  2. 

Sect.  20  revised,  1941,  351  §  5. 

Sect.  26  amended,  1939,  326  §  2. 

Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  emergency  legislation  incident  to  the  National  Industrial  Recov- 
ery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  certain 
other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64,  83, 
414;   1938,  50;   1939,  423  §§  1,  2;    1941,  639  §  1. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow, 
during  1935,  1936,  1937,  1938,  1939  and  1940,  on  account  of  public 
welfare  and  soldiers'  benefits  and  their  share  of  the  cost  of  certain  fed- 
eral emergency  unemployment  rehef  projects,  see  1935,  188;  1936,  80; 
1937,  107;    1938,  58;    1939,  72,  453.     (See  1935,  456;    1936,  257.) 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow  in 
1941  and  1942,  on  account  of  pubfic  welfare,  soldiers'  benefits,  federal 
emergency,  unemployment  rehef  projects  and  the  installation  of  the 
Federal  Surplus  Commodities  Stamp  Plan,  so  called,  see  1941,  92. 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency pubhc  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64;  further  provision  for  the  issuance  and  renewal  of  such 
loans,  1938,  82;   1941,  639  §§  2,  3. 

Sect.  8  amended,  1941,  490  §  10. 

Sect.  13  amended,  1938,  204;  revised,  1941,  581. 

Sect.  15  amended,  1932,  180  §  8;   1941,  490  §  11. 

Sect.  28A  amended,  1941,  490  §  12. 

Sect.  28B.     See  1941,  688. 

Sect.  58 A  added,  1941,  638  (further  regulating  the  hours  of  duty  of 
permanent  members  of  fire  departments  in  certain  cities  and  towns). 

Sect.  59E  added,  1939,  419  §  1  (providing  for  the  ultimate  abolition 
of  reserve  fire  forces  in  certain  cities  and  towns). 


1296  Changes  in  the  [Chaps.  50, 51. 

Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 

Elections. 

Sect.  1,  paragraph  defining  "Ballot  labels"  inserted,  1941,  511  §  1; 
paragraph  in  Hnes  54  and  55  revised,  1941,  511  §  2. 

Sect.  2  amended,  1932,  141  §  1;  sentence  added  at  end,  1938,  341  §  4. 

Chapter  51.  —  Voters. 

For  legislation  providing  for  a  state  wide  verification  of  voting  lists, 

see  1938,  427;  repealed  and  superseded  by  1939,  450. 
Sect.  1,  paragraph  added  at  end,  1932,  206. 
Sect.  2  amended,  1933,  254  §  3.     (See  1933,  254  §  66.) 
Sect.  3  amended,  1933,  254  §  4.     (See  1933,  254  §  66.) 
Sect.  4  amended,  1933,  254  §  5;   first  paragraph  revised,  1935,  345 

§  1;  amended,  1937,  1  §  1;  revised,  1938,  186  §  1;  section  revised,  1938, 

440  §  2.  (See  1933,  254  §§  65,  66;  1937,  226;  1938,  186  §  5,  440  §  23.) 
Sect.  5  revised,  1938,  440  §  3;  1939,  188  §  1.  (See  1938,  440  §  23.) 
Sect.  6  revised,  1938,  440  §  4;  1939,  188  §  2.  (See  1938,  440  §  23.) 
Sect.  7  amended,  1933,  254  §  6;   revised,  1935,  345  §  2;   amended, 

1938,  440  §  5;  revised,  1939,  188  §  3.    (See  1933,  254  §§  65,  66;   1938, 

440  §  23.) 

Sect.  8  amended,  1933,  254  §  7;  1937,  1  §  2;  revised,  1938,  186  §  2, 

440  §  6.  (See  1933,  254  §  66;  1938,  186  §  5,  440  §  23.) 

Sect.  9  amended,  1933,  254  §  8;  revised,  1938,  440  §  7.  (See  1933, 

254  §  66;  1938,  440  §  23.) 

Sect.  10  amended,  1938,  440  §  8.     (See  1938,  440  §  23.) 

Sects.  lOA  and  lOB  added,  1939,  369  §  1  (providing  for  the  securing 

of  information  relative  to  persons  residing  at  inns,  lodging  houses  and 

public  lodging  houses). 

Sect.  11  revised,  1938,  440  §  9.     (See  1938,  440  §  23.) 

Sect.  12  revised,  1938,  440  §  10.     (See  1938,  440  §  23.) 

Sect.  14A  revised,  1938,  440  §  11.     (See  1938,  440  §  23.) 

Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 

the  listing  of  voters  in  certain  municipalities  so  as  to  conform  to  the 

change  in  taxing  date  from  April  1  to  January  1);    revised,  1938,  440 

§  12.     (See  1933,  254  §§  65,  66;  1938,  440  §  23.) 
Sect.  22  amended,  1938,  280. 

Sect.  26  amended,  1932,  48  §  1;  1935,  37  §  1;  1938,  473  §  2. 
Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2;   1938,  473  §  3. 
Sect.  29B  added,  1938,  179  (providing  for  sessions  of  registrars  of 

voters  in  all  the  wards  of  every  city  prior  to  each  biennial  state  election). 
Sect.  32  amended,  1933,  254  §  10.     (Se?  1933,  254  §  66.) 
Sect.  34  amended,  1933,  254  §  11.     (See  1933,  254  §  66.) 
Sect.  35  revised,  1938,  440  §  13;  amended,  1939,  451  §  10.    (See  1938, 

440  §  23.) 

Sect.  36  amended,  1933,  254  §  12.     (See  1933,  254  §  66.) 

Sect.  37  amended,  1933,  254  §  13;   revised,  1938,  440  §  14;   fourth 

sentence  amended,   1939,  369   §  2;    last  sentence  stricken  out,  1941, 

328  §  2.    (See  1933,  254  §  66;   1938,  440  §  23.) 

Sect.  39  amended,  1938,  440  §  15.     (See  1938,  440  §  23.) 

Sect.  41A  added,  1941,  328  §  1  (ensuring  that  certain  laws  relative 

to  registration  of  persons  residing  at  inns  and  lodging  houses  are  of 

general  appUcation). 


Chaps.  52, 53.]  GENERAL  LawS.  1297 

Sect.  43  amended,  1933,  254  §  14;  revised,  1938,  440  §  16.  (See 
1933,  254  §  66;  1938,  440  §  23.) 

Sect.  50  amended,  1938,  440  §  17.     (See  1938,  440  §  23.) 

Sect.  55  amended,  1933,  254  §  15;  sentence  added  at  end,  1936,  2 
§  1;  same  sentence  revised,  1938,  473  §  4.     (See  1933,  254  §  66.) 

Sect.  61  amended,  1937,  21  §  1. 


Chapter  52.  —  Political  Committees. 

The  following  references  are  to  chapter  52,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1  amended,  1932,  310  §  1;  revised,  1934,  288  §  1;  1936,  99. 
(See  1934,  288  §  5;  1937,  384,  435.) 

Sect.  2  amended,  1932,  310  §  2;  revised,  1934,  288  §  2;  amended, 
1936,  11  §  2.  (See  1934,  288  §  5;  1936,  11  §  3;  1937,  384,  435.) 

Sect.  4  amended,  1934,  288  §  3.  (See  1934,  288  §  5.) 

Sect.  7  amended,  1934,  118;  first  paragraph  stricken  out,  1934,  288 
§  4.  (See  1934,  288  §  5;  1937,  384,  435.) 

Sect.  9  amended,  1932,  310  §  3;  1937,  24  §  1.  (See  1937,  384,  435.) 

Chapter  stricken  out  and  new  chapter  inserted,  1938,  346  §  1.  (See  1938, 
346  §§  3,  4.) 

The  following  reference  is  to  the  new  chapter  52: 

Sect.  9  revised,  1941,  337  §  1. 


Chapter    53.  —  Nominations,    Questions   to   be    submitted    to    the   Voters, 
Primaries  and  Caucuses. 

Sect.  1  amended,  1939,  371. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1; 
section  revised,  1938,  473  §  5;   1941,  337  §  2.     (See  1937,  384,  435.) 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1. 

Sect.  6  amended,  1936,  101;  revised,  1939,  191;   1941,  266. 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1;  1938,  341  §  5. 
(See  1933,  254  §  66.) 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1;   first  sentence  amended,  1938,  473  §  6. 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 
amended,  1938,  373  §  4;  second  paragraph  revised,  1933,  313  §  2; 
1941,  278;  amended,  1941,  472  §  4;  third  paragraph  revised,  1937, 
77  §2. 

Sect.  11,  sentence  added  at  end,  1933,  313  §  3;  revised,  1937,  77  §  3; 
section  revised,  1937,  212  §  1. 

Sect.  12  revised,  1937,  212  §  2;  paragraph  added  at  end,  1939,  166. 

Sect.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4;  section  amended, 
1937,  26,  77  §  4. 

Sect.  17A  added,  under  the  heading  "endorsement  for  nomina- 
tion OF  MEMBERS  OF  STATE  POLITICAL  COMMITTEES  BY  CONVENTIONS", 

1938  397 
Sect.  18  revised,  1934,  282. 


1298  Changes  in  the  [Chap.  53. 

Sect.  22A  amended,  1932,  80;  1938,  192. 

Sect.  22B  added,  1938,  191  (requiring  persons  circulating  initiative 
and  referendum  petitions  to  attest  the  validity  of  signatures  thereto 
under  the  penalties  of  perjury). 

Sect.  24.     See  1937,  275. 

Sect.  28  amended,  1932,  310  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32  §  2;   revised,  1938,  473  §  7.    (See  1937,  384,  435.) 

Sect.  32  amended,  1932,  310  §  6;  1938,  473  §  8.  (See  1937,  384, 
435.) 

Sect.  33,  sentence  added  at  end,  1941,  511  §  3. 

Sect.  34  revised,  1932,  310  §  7;  first  paragraph  revised,  1938,  436  §  1; 
fourth  paragraph  revised,  1937,  22;  section  revised,  1938,  473  §  9;  sec- 
ond and  third  paragraphs  revised,  1941,  337  §  3;  fifth  paragraph  revised, 
1941,  352.     (See  1937,  384,  435.) 

Sect.  35  amended,  1932,  310  §  8;  1938,  473  §  10;  amended,  1941, 
337  §  4.     (See  1937,  384,  435.) 

Sect.  36  amended,  1941,  511  §  4. 

Sect.  38  amended,  1938,  299. 

Sect.  40  revised,  1932,  30. 

Sect.  41  revised,  1932,  310  §  9;  section  and  title  preceding  it  stricken 
out  and  new  section  inserted  under  the  heading  "provisions  applying 
TO  STATE  primaries",  1938,  473  §  11;  section  revised,  1941,  337  §  5. 
(See  1937,  384,  435.) 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2;  revised,  1938,  373 
§  1.     (See  1937,  384,  435.) 

Sect.  43  amended,  1932,  310  §  11;   1937,  201.    (See  1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38;  revised,  1938, 
373  §  2,  473  §  12;  amended,  1941,  337  §  6.    (See  1937,  384,  435.) 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22; 
1938,  84;  section  revised,  1938,  473  §  13;  amended,  1941,  337  §  7.  (See 
1937  384  435.) 

Sect.  46  amended,  1936,  4  §  2;  revised,  1937,  25  §  2;  amended,  1941, 
337  §  8 

Sect."  47  amended,  1932,  310  §  14;  1938,  473  §  14.  (See  1937,  384, 
435.) 

Sect.  48  amended,  1932,  310  §  15;  first  paragraph  revised,  1938, 
373  §  3;  paragraph  added  at  end,  1938,  272;  same  paragraph  amended, 
1941,  563;  paragraph  added  at  end,  1941,  675.    (See  1937,  384,  435.) 

Sect.  49  revised,  1932,  310  §  16;  1938,  473  §  15.  (See  1937,  384, 
435.) 

Sect.  51  amended,  1932,  310  §  17;  1938,  473  §  16.  (See  1937,  384, 
435.) 

Sect.  52  amended,  1932,  310  §  18;  revised,  1938,  473  §  17;  amended, 
1941,  337  §  9.     (See  1937,  384,  435.) 

Sect.  53  revised,  1932,  310  §  19;  1938,  473  §  18;  amended,  1941, 
337  §  10.     (See  1937,  384,  435.) 

Sect.  53 A  amended,  1932,  310  §  20;  revised,  1938,  473  §  19.  (See 
1937  384  435.) 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482 
§  1;  section  amended,  1936,  11  §  1;  1937,  24  §  3;  section  (and  head- 
ing) revised,  1938,  346  §  2;  section  amended,  1941,  337  §  11.  (See 
1936,  11  §§  2,  3;   1937,  384,  435;   1938,  346  §§  3,  4.) 


Chap.  54.]  GENERAL  LaWS.  1299 

Sects.  54A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations); 
repealed,  1938,  473  §  20.     (See  1937,  384,  435.) 

Sect.  55,  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  57  amended,  1937,  410. 

Sect.  61  amended,  1936,  140;   1937,  411;  1941,  272. 

Sects.  65-70  (and  caption)  repealed,  1932,  310  §  23.  (See  1937,  384, 
435;  1938,  473  §  21.) 

Sects.  70A-70H  added,  under  heading  ''provisions  applying  to 
presidential  primaries,"  1938,  473  §  21. 

Sect.  70B  amended,  1941,  337  §  12. 

Sect.  70F  amended,  1939,  451  §  11. 

Sect.  71.     See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting) ;  revised,  1937,  77  §  5. 

Sect.  112  amended,  1935,  59  §  2. 

Sect.  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nommatiou  by 
caucuses  other  than  those  of  political  or  municipal  parties  of  two 
candidates  for  each  town  office) ;  revised,  1936,  204. 


Chapter  54.  —  Elections. 

Sect.  4  revised,  1935,  482  §  2;  amended,  1936,  185;  revised,  1937, 
412. 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  formation  of  representative  districts). 

Sect.  11  amended,  1932,  76  §  1;  1934,  158  §  1;  1937,  27;  1938,  341 
§  6;  revised,  1941,  432  §  1. 

Sect.  11 A  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 

Sect.  IIB  added,  1941,  432  §  2  (relative  to  the  appointment  of 
election  officers  in  certain  cities). 

Sect.  12  amended,  1934,  158  §  2. 

Sect.  13  amended,  1934,  158  §  3. 

Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  26  amended,  1938,  281  §  1. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 
1935,  238  §  1. 

Sect.  34  revised,  1936,  205  §  1;  second  paragraph  stricken  out, 
1938,  281  §  2. 

Sects.  35A  and  35B  added,  1938,  281  §  3  (relative  to  voting  by  chal- 
lenged voters  at  polling  places  where  voting  machines  are  used  and 
to  the  counting  of  votes  where  such  machines  are  used). 

Sect.  35A,  sentence  added  at  end,  1941,  511  §  5. 

Sect.  35B,  second  sentence  of  second  paragraph  revised,  1941,  511 
§  6;   third  paragraph  amended,  1941,  511  §  7. 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2;  1938,  190;  second 
sentence  of  same  paragraph  revised,  1938,  436  §  2. 


1300  Changes  in  the  [Chap.  54. 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2;  same  paragraph  revised,  1941,  292. 

Sect.  43  revised,  1932,  135  §  1. 

Sect.  60,  last  sentence  amended,  1938,  281  §  6. 

Sect.  62  amended,  1935,  257  §  5.     (See  1935,  257  §  12.) 

Sect.  64,  last  paragraph  amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1. 

Sect.  71.     See  1937,  275. 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of  voters 
at  polling  places  at  certain  elections,  primaries  and  caucuses).  (See 
1937,  275  §  2.) 

Sect.  87,  subsection  (b)  revised,  1936,  404  §  1;  subsection  (c)  revised, 
1936,  404  §  2;  amended,  1937,  162  §  2;  1941,  279  §  2;  subsection  (d) 
revised,  1941,  333. 

Sect.  89  revised,  1936,  404  §  3. 

Sect.  92  revised,  1936,  404  §  4;  amended,  1937,  162  §  1;  1941, 
279  §  1. 

Sect.  93  revised,  1936,  404  §  5;  amended,  1941,  722  §  8. 

Sect.  95  revised,  1936,  404  §  6. 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103 A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1; 
first  paragraph  amended,  1939,  152. 

Sect.  104  amended,  1934,  39  §  6. 

Sect.  105,  fourth  paragraph  amended,  1938,  341  §  7. 

Sect.  112  amended,  1935,  257  §  6;  1939,  31  §  3.    (See  1935,  257  §  12.) 

Sect.  122  amended,  1935,  257  §  7.     (See  1935,  257  §  12.) 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  1938,  250  §  1;  1941, 
236;  third  paragraph  revised,  1937,  303;  same  paragraph  amended, 
1941,  350;  last  paragraph  revised,  1938,  250  §  2;  paragraph  inserted 
after  first  paragraph,  1938,  281  §  4.    (See  1933,  254  §  66.) 

Sect.  135A  added,  1938,  281  §  5  (relative  to  the  recounting  of  votes 
where  voting  machines  are  used). 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 

Sect.  141  amended,  1939,  508  §  16. 

Sect.  144  revised,  1935,  257  §  8;  first  paragraph  amended,  1939,  31 
§  4.     (See  1935,  257  §  12.) 

Sect.  146  amended,  1935,  257  §  9.     (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10;  first  paragraph  revised,  1939, 
31  §  5.     (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265.  (See  1939, 
467.) 


Chaps.  54A-58.]  GENERAL  LawS.  1301 


Chapter  54A.  —  Election  of  City  and  Town  Officers  by  Proportional  Repre- 
sentation and  Preferential  Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  inserted  by  1937,  345  stricken  out  and  new  chapter  inserted, 
1938,  341  §  1. 

Sect.  1  amended,  1941,  345. 

Sect.  2,  paragraph  added  at  end,  1938,  378  §  17;  section  revised, 
1941,  640  §  6.     (See  1941,  640  §  7.) 

Chapter  55.  —  Corrupt  Practices  and  Election   Inquests. 

Sect.  7  amended,  1938,  75. 

Sect.  8  revised,  1939,  223. 

Sect.  16,  sentence  added  at  end,  1941,  280  §  1. 

Sect.  17  amended,  1941,  280  §  2. 

Chapter  56.  —  Violations  of  Election  Laws. 

Sect.  1  repealed,  1939,  342  §  3. 

Sect.  2  revised,  1938,  440  §  18.     (See  1938,  440  §  23.) 

Sect.  4  amended,  1939,  451  §  12. 

Sect.  5  revised,  1938,  440  §  19.     (See  1938,  440  §  23.) 

Sect.  6  revised,  1938,  440  §  20.     (See  1938,  440  §  23.) 

Sect.  7  amended,  1938,  4^0  §  21.     (See  1938,  440  §  23.) 

Sect.  8  revised,  1938,  440  §  22.     (See  1938,  440  §  23.) 

Sect.  22  revised,  1938,  341  §  8. 

Sect.  28  amended,  1938,  341  §  9. 

Sect.  33  amended,  1939,  299  §  1. 

Sect.  35  amended,  1939,  299  §  2. 

Sect.  39  revised,  1933,  289  §  2. 

Sect.  40  amended,  1938,  341  §  10. 

Sect.  44  amended,  1938,  341  §  11. 

Sect.  45  amended,  1938,  341  §  12. 

Sect.  48  amended,  1939,  451  §  13. 

Sect.  68  amended,  1939,  299  §  3. 

Chapter    57.  —  Congressional,    Councillor    and    Senatorial    Districts,    and 
-    Apportionment  of  Representatives. 

Sect.  1  revised,  1941,  556. 

Sect.  2  revised,  1939,  507  §  1. 

Sect.  3  revised,  1939,  507  §  2. 

Sect.  4  revised,  1939,  467  §  1.     (See  1939,  467  §§  2,  3,  4.) 

Sect.  5.     See  1939,  467. 

Chapter  58.  —  General  Provisions  relative  to  Taxation. 

For  legislation  providing  for  temporary  cigarette  taxes,  see  1939,  454 
§§  1-18;   1941,  417.     (See  1941,  715.) 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;   1941,  731  §§  2,  3,  4,  6,  7,  8. 


1302  Changes  in  the  [Chap.  58A. 

Sect.  1,  fifth  sentence  amended,  1932,  180  §  9:  same  sentence  revised, 
1937,  108  §  2. 

Sect.  2  amended,  1933,  254  §  18;  paragraph  added  at  end,  1941,  726 
§  2.     (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 

Sect.  8  revised,  1935,  322  §  1. 

Sect.  9  revised,  1939,  346;   1941,  112. 

Sect.  10  amended,  1934,  323  §  9.     (See  1934,  323  §  11.) 

Sect.  11  amended,  1939,  451  §  14;  repealed,  1941,  609  §  1. 

Sect.  12  amended,  1941,  490  §  13;  repealed,  1941,  609  §  1. 

Sect.  13  amended,  1933,  254  §  20.     (See  1933,  254  §  66.) 

Sect.  14  amended,  1939,  451  §  15. 

Sect.  15  amended,  1933,  254  §  21;  revised,  1941,  490  §  14.  (See 
1933,  254  §  66.) 

Sect.  17A  amended,  1939,  451  §  26. 

Sect.  18  revised,  1933,  350  §  7;  amended,  1936,  405  §  1;  1939,  451 
§  16;  affected,  1933,  357  §  4;  1935,  438  §  2.  (See  1933,  307  §  11,  350 
§  9;   1936,  362  §  4.) 

Sect.  20  revised,  1936,  362  §  3;  amended,  1937,  108  §  1;  1941,  656 
§  1.    (See  1936,  362  §§  4,  8;   1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 
to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 
or  town  from  the  commonwealth). 

Sect.  21  amended,  1933,  254  §  22;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;  1934,  323  §  11.) 

Sects.  22  and  23  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect.  24  amended,  1933,  254  §  23.     (See  1933,  254  §  66.) 

Sect.  24A  revised,  1934,  323  §  2.     (See  1934,  323  §  II.) 

Sect.  25  revised,  1934,  323  §  3;  amended,  1939,  451  §  17;  first  sen- 
tence revised,  1941,  729  §  11.     (See  1934,  323  §  11 ;  1941,  729  §  15.) 

Sect.  25A  revised,  1934,  323  §  4.     (See  1934,  323  |  11.) 

Sect.  26  amended,  1933,  254  §  24;    repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 

Sect.  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 
forms  of  appHcation  for  abatement  of  taxes  and  certain  other  forms 
and  the  approval  thereof  by  the  commissioner  of  corporations  and 
taxation). 

Chapter  58A.  —  Appellate  Tax  Board  (former  title,  Board  of  Tax  Appeals). 

Title  revised,  1937,  400  §  2. 

For  legislation  abolishing  the  board  of  tax  appeals  and  creating  the 
appellate  tax  board,  see  1937,  400. 

Sect.  1  revised,  1937,  400  §  3.     (See  1937,  400  §§  1,  2,  4,  5,  7.) 

Sect.  5  revised,  1941,  381,  596  §  24. 

Sect.  6  amended,  1932,  180  §  10;  revised,  1933,  167  §  4;   amended, 

1934,  323  §  10;  revised,  1938,  478  §  4;  first  sentence  revised,  1941,  609 
§  2;  same  sentence  amended,  1941,  726. §  1.  (See  1933,  167  §  5;  1934, 
323  §11;   1937,400  §1.) 

Sect.  7  revised,  1933,  321  §  2;  amended,  1939,  451  §  18.    (See  1933, 
321  §  9.) 
Sect.  7A  added,  1933,  321  §  3  (providing  for  the  establishment  of 


Chap.  59.]  GENERAL  LaWS.  1303 

informal   procedure  before  the  appellate  tax   board);    revised,  1935, 

447;  third  sentence  revised,  1938,  384.    (See  1933,  321  §§8,  9.) 
Sect.  8  revised,  1933,  321  §  4.     (See  1933,  321  §  9.) 
Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 

tax  appeal  cases). 

Sect.  10  revised,  1933,  321  §  5.  (See  1933,  321  §  9.) 

Sect.  12  amended,  1933,  321  §  6.  (See  1933,  321  §  9.) 

Sect.  13  revised,  1933,  321  §  7;  one  sentence  revised,  1933,  350  §  8; 

same  sentence  amended,  1935,  218  §  1;  1939,  366  §  1.  (See  1933,  321 

§  9,  350  §  9.) 

Chapter  59.  —  Assessment  of  Local  Taxes. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;   1941,  731  §§  2,  3,  4,  6,  7,  8. 

Temporary  act  relative  to  the  taking  of  appeals  involving  real  estate 
in  which  closed  banks  have  an  interest,  1941,  145  §  2. 

As  to  Boston  taxes,  see  1932,  125;  1933,  159;  1934,  201;  1935,  284; 
1936,  224. 

Sect.  1  amended,  1936,  202  §  1;  revised,  1938,  186  §  3.  (See  1936, 
202  §  2;  1938,  186  §  5.) 

Sect.  5,  clause  First  revised,  1936,  81;  1938,  47;  clause  Third,  sub- 
section (c)  amended,  1933,  198  §  1  (see  1933,  198  §  2) ;  clause  Eleventh 
revised,  1938,  317;  clause  Sixteenth  revised,  1936,  362  §  1;  1941,  467 
(see  1936,  362  §§  4,  8);  clause  Seventeenth  revised,  1935,  294,  amended, 
1939,  451  §  19;   revised,  1941,  227  §  1;   clause  Seventeenth  A  added, 

1938,  186  §  4  (see  1938,  186  §  5);  clause  Eighteenth  revised,  1941,  227 
§  2;  clause  Twentieth  revised,  1937,  132;  1941,  482;  clause  Twenty- 
second  amended,  1939,  451  §  20;  clause  Twenty-third  amended,  1932, 
114  §  4;   clause  Thirty-fifth  revised,  1939,  24  §  2. 

Sect.  5A  added,  1941,  227  §  3  (relative  to  collection  of  taxes  from 
estates  of  persons  who  were  relieved  therefrom  for  lack  of  ability  to 
pay,  or  otherwise). 

Sect.  6  amended,  1933,  254  §  25;  1936,  59  §  1;  first  paragraph 
amended,  1941,  440.    (See  1933,  254  §  66;   1936,  59  §  3.) 

Sects.  6  and  7.     See  1934,  307. 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2;    section  amended, 

1939,  451  §  21.     (See  1936,  59  §  3.) 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end,  1935, 
119  §  1.     (See  1933,  254  §  66;   1935,  119  §  2.) 

Sect.  9  amended,  1933,  254  §  27;  revised,  1939,  342  §  4.  (See  1933, 
254  §  66.) 

Sect.  10  amended,  1933,  254  §  28.     (See  1933,  254  §  66.) 

Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92;  1939,  175.  (See 
1933,  254  §  66.) 

Sect.  16  amended,  1937,  114. 

Sect,  18,  opening  paragraph  and  clauses  First  and  Second  amended, 
1933,  254  §  30;  clause  Second  revised,  1936,  362  §  2.  (See  1933,  254 
§  66;  1936,  362  §  8.) 

Sect.  19  amended,  1933,  254  §  31.     (See  1933,  254  §  66.) 


1304  Changes  in  the  [Chap.  59. 

Sect.  20  revised,  1933,  254  §  32;  amended,  1936,  376  §  1.  (See  1933, 
254  §  66.) 

Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2.    (See  1933,  254  §  66.) 

Sect.  23,  paragraph  added  at  end,  1938,  175  §  2. 

Sect.  27  amended,  1936,  118  §  2.     (See  1936,  118  §  3.) 

Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 
254  §  66.) 

Sect.  33  amended,  1933,  254  §  35.     (See  1933,  254  §  66.) 

Sect.  39  amended,  1933,  254  §  36;  1939,  451  §  22.  (See  1933,  254 
§66.) 

Sect.  41  amended,  1933,  254  §  37.     (See  1933,  254  §  66.) 

Sect.  45  amended,  1933,  254  §  38:  form  appended  to  section  amended, 
1933,  254  §  39.     (See  1933,  254  §  66.) 

Sect.  47  amended,  1933,  254  §  40.     (See  1933,  254  §  66.) 

Sect.  49  amended,  1933,  254  §  41.     (See  1933,  254  §  66.) 

Sect.  57  amended,  1933,  151  §  1;  revised,  1933,  254  §  42;  1935,  158 
§  1;  amended,  1937,  203  §  1;  revised,  1938,  330  §  1;  1941,  258  §  1. 
(See  1933,  151  §  2,  254  §  66;  1935,  158  §  2;  1937,  203  §  2;  1938,  330  §  2.) 

Sect.  59,  sentence  added  at  end,  1933,  165  §  1;  section  revised,  1933, 
254  §  43,  266  §  1;  1934,  136  §  2;  amended,  1935,  187  §  1;  revised,  1939, 
250  §  1.    (See  1933,  254  §  66,  266  §  2;   1934,  136  §  3;   1935,  187  §  2.) 

Sect.  60  revised,  1941,  209. 

Sect.  61,  last  sentence  revised,  1933,  165  §  2. 

Sect.  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery  in 
proceedings  for  tax  abatement). 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1;  second  paragraph 
amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6;  1938,  478  §  1; 
first  sentence  amended,  1939,  31  §  6;  second  paragraph  amended,  1939, 
366  §  2.     (See  1937,  400  §§  1-5,  7.) 

Sect.  65  amended,  1933,  130  §  2,  167  §  1;  revised,  1938,  478  §  2; 
1939,  31  §  7. 

Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 
real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 
proceedings  for  the  abatement  of  such  taxes);  revised,  1933,  325  §  18. 
(See  1932,  218  §  2;  1933,  325  §  19.) 

Sect.  65B  added,  1938,  478  §  3  (relative  to  appeals  to  the  appellate 
tax  board  from  the  refusal  of  assessors  to  abate  certain  taxes  on  real 

'  Sect.  69  amended,  1935,  218  §  3;  1939,  366  §  3. 
Sect.  73  amended,  1933,  254  §  44.     (See  1933,  254  §  66.) 
Sect.  74  amended,  1933,  254  §  45;  1939,  24  §  3.    (See  1933,  254  §  66.) 
Sect.  75  amended,  1934,  104. 
Sect.  78  amended,  1941,  258  §  5. 
Sect.  79  amended,  1938,  150  §  1. 

Sect.  83  amended,  1933,  254  §  46;  1939,  24  §  4.    (See  1933,  254  §  66.) 
Sect.  84  amended,  1933,  254  §  47.     (See  1933,  254  §  66.) 
Sect.  85  amended,  1933,  254  §  48.     (See  1933,  254  §  66.)    Affected, 

1941,  609. 
Sect.  86  amended,  1933,  254  §  49.     (See  1933,  254  §  66.) 


Chap.  60.]  GENERAL   LaWS.  1305 


Chapter  60.  —  Collection  of  Local  Taxes. 

Temporaiy  act  relative  to  the  care  and  disposal  of  land  acquired 
by  cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities  and 
towns  through  purchase,  1939,  123;  further  amended  and  extended, 
1941,  296. 

Sect.  1,  third  paragraph  revised,  1933,  164  §  1. 

Sect.  3  revised,  1933,  254  §  50;  amended,  1941,  258  §  2.  (See  1933, 
254  §  66.) 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 
relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156.     (See  1934,  136  §  3.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes) . 

Sect.  4  revised,  1939,  342  §  5. 

Sect.  5  revised,  1933,  168  §  2;  amended,  1941,  258  §  3. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5;  section  revised,  1939, 
44.  1941  308. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;  1935,  252  §  1. 

Sect.  15A  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes). 

Sect.  16  revised,  1933,  168  §  1;  amended,  1933,  254  §  51.  (See  1933, 
168  §  4,  254  §  66.) 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;  affected,  1933,  308.  (See  1933, 
254  §  66.) 

Sect.  22 A  added,  1941,  573  §  1  (relative  to  bills  for  taxes  on  parcels 
of  real  estate  and  payments  on  account  thereof).    (See  1941,  573  §  2.) 

Sect.  23  revised,  1932,  197  §  1. 

Sect.  35  revised,  1938,  150  §  2. 

Sect.  37  amended,  1933,  254  §  53,  325  §  1;  1934,  131  §  2;  revised, 
1934,  169;  amended,  1935,  269;  1936,  146;  last  sentence  revised,  1941, 
84  §  1.    (See  1933,  254  §  66;   1934,  131  §  3;   1941,  84  §  2.) 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66, 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183  236 

Sect.  45  amended,  1933,  325  §  4;  1937,  209;  1938,  339  §  1. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1. 
Sect.  48  amended,  1933,  325  §  5.     (See  1933,  325  §  20.) 
Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2; 
amended,  1941,  319  §  1.     (See  1935,  414  §  4;  1941,  319  §§  3,  4.) 

Sect.  50A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings). 

Sect.  51  amended,  1933,  254  §  55.     (See  1933,  254  §  66.) 
Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.     (See  1933,  325  §  20.) 
Sect.  54  amended,  1933,  325  §  7;   1938,  339  §  2. 


1306  Changes  in  the  [Chap.  60. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2;   1939,  250  §  2. 

Sect.  59  amended,  1933,  254  §  56.     (See  1933,  254  §  66.) 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  revised, 
1935,  278;  section  revised,  1936,  392  §  2;  second  paragraph  amended, 
1941,  231;  paragraph  inserted  after  the  second  paragraph,  1938,  415 
§  5.     (See  1935,  414  §  4.) 

Sect.  63  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 

Sect.  65  amended,  1933,  325  §  12;   1938,  305. 

Sect.  66  amended,  1935,  224  §  1.     (See  1935,  224  §  6.) 

Sect.  67  amended,  1935,  224  §  2.     (See  1935,  224  §  6.) 

Sect.  68  amended,  1935,  224  §  3;  paragraph  added  at  end,  1935, 
354  §  1;  section  amended,  1935,  414  §  3.  (See  1935,  224  §  6,  354  §  3, 
414  §  4.) 

Sect.  69  amended,  1935,  224  §  4.     (See  1935,  224  §  6.) 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  71  amended,  1941,  319  §  2.     (See  1941,  319  §§  3,  4.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases);  paragraph  added  at  end,  1939,  181. 
(See  1935,  354  §  3.) 

Sect.  76B  added,  1938,  415  §  6  (relative  to  the  effect  of  errors  or 
irregularities  in  respect  to  water  rates  and  charges  included  in  a  tax 
title  account). 

Sect.  77,  paragraph  added  at  end,  1938,  339  §  3. 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;  1935,  173  §  1; 
section  revised,  1941,  594  §  1. 

Sect.  80  amended,  1933,  325  §  15;  revised,  1935,  173  §  2;  amended, 
1941,  594  §  2.     (See  1939,  123;    1941,  296.) 

Sects.  80A  and  80B  added,  1941,  594  §  3  (relative  to  the  validity  of 
title  acquired  at  sales  of  lands  of  low  value  held  by  cities  and  towns 
under  tax  titles). 

Sect.  84  revised,  1935,  260. 

Sect.  84A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 

Sect.  95  revised,  1933,  325  §  17;  amended,  1934,  315  §  2;  revised, 
1935,  248  §  3;  amended,  1939,  451  §  23;  1941,  380  §  6.  (See  1934, 
315  §  3.) 

Sect.  97  revised,  1934,  151  §  1. 

Sect.  104  revised,  1937,  43. 

Sect.  105  revised,  1933,  168  §  3;   1941,  258  §  4. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1 ;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 


Chaps.  60A-62.]  GENERAL  LawS.  1307 


Chapter  60 A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2;  paragraph  added  at  end,  1938,  111;  section 
revised,  1938,  480  §  1;  fourth  paragraph  amended,  1941,  718  §  1.  (See 
1941,  718  §  2.) 

Sect.  2  revised,  1936,  384  §  3;  1938,  480  §  2;  ninth  sentence  amended, 
1939,  366  §  4. 

Sect.  2A  added,  1938,  492  §  1  (providing  for  the  suspension  of  cer- 
tificates of  registration  in  cases  of  nonpayment  of  the  excise  on  regis- 
tered motor  vehicles). 

Sect.  3  revised,  1936,  384  §  4;   1938,  480  §  3. 

Sect.  4  revised,  1938,  480  §  4,  492  §  2. 

Sect.  6  amended,  1936,  384  §  5;  revised,  1938,^480  §  5. 


Chapter  61.  —  Classification  and  Taxation  of  Forest  Lands  and  Forest 
Products  (former  title  Taxation  of  Forest  Products  and  Classification 
and  Taxation  of  Forest  Lands). 

Sect.  3  amended,  1933,  254  §  57.  (See  1933,  254  §  66.) 
Sect.  5  amended,  1941,  490  §  15. 

Chapter  stricken  out,  and  new  chapter  61  (with  new  title)  inserted,  1941, 
652   §   1.      (See  1941,  652   §  2.) 


Chapter  62.  —  Taxation  of  Incomes. 

For  legislation  estabhshing  an  additional  tax  upon  personal  incomes 
to  provide  funds  for  old  age  assistance.     See  1941,  729  §§  9,  15. 

For  temporary  legislation  relative  to  the  taxation  of  dividends  of 
certain  corporations,  see  1933,  307,  357;  1935,  489;  1936,  82  §  1;  1937, 
395;   1938,  489  §§  2-5;   1939,  373;   1941,  331. 

For  temporary  legislation  providing  for  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;   1941,  416  §§  1,  3. 

Sect.  1,  subsection  (c),  paragraph  Third  added,  1935,  489  §  6;  sub- 
section (e)  amended,  1935,  489  §  7. 

Sect.  5,  paragraph  (6)  amended,  1935,  489  §  8;  same  paragraph 
revised,  1939,  486  §  1;  paragraph  (c)  revised,  1934,  363  §  1;  1935,  481 
§  1.    (See  1934,  363  §  2;   1935,  481  §  2;   1939,  486  §  3.) 

Sect.  6,  clause  (g)  revised,  1935,  436  §  1.     (See  1935,  436  §  2.) 

Sects.  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property). 

Sect.  18.     See  Sect.  18  of  Chapter  58  in  this  Table. 

Sect.  21A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes) ;  repealed,  1938,  489  §  8. 

Sect.  22  revised,  1939,  486  §  2.     (See  1939,  486  §  3.) 

Sect.  25A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  property) . 

Sect.  30  amended,  1935,  152. 


1308  (  'hanges  in  the  [Chai-.  63 

Sect.  33,  paragraph  added,  1932,  186. 
Sect.  36  amended,  1933,  167  §  2. 
Sect.  37  revised,  1933,  350  §  1.     (See  1933,  350  §  9.) 
Sect.  37A  added'  1933,  350  §  2  (providing  for  the  payment  of  income 
taxes  in  two  installments).     (See  1933,  350  §  9.) 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9). 
Sect.  41  revised,  1932,  152;   1933,  350  §  4.     (See  1933,  350  §  9.) 
Sect.  43  amended,  1933,  350  §  5;   1937,  135  §  2.    (See  1933,  350  §  9.) 
Sect.  45  amended,  1939,  451  §  24. 
Sect.  46  revised,  1933,  350  §  6.     (See  1933,  350  §  9.) 

Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  "Net  income"  revised,  1933,  327  §  1. 

(See  1933,  327  §  7.) 
Sect.  2  amended,  1933,  327  §  2;  1939,  451  §  25;  1941,  509  §  3.  (See 

1933,327  §7;  1941,  509  §9.) 
Sect.  3  amended,  1933,  254  §  58;  1934,  323  §  5.  (See  1933,  254  §  66; 

1934,  323  §  11.) 
Sect.  4  amended,  1939,  368;  1941,  509  §  4.  (See  1941,  509  §  9.) 
Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.  (See  1933, 

254  §  66;  1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1 ;  paragraph  (/?,)  added 

at  end,  1934,  362. 

Sect.  18  revised,  1939,  447  §  1.     (See  1939,  447  §  3.) 

Sect.  18A  amended,  1939,  447  §  2.     (See  1939,  447  §  3.) 

Sect.  20  amended,  1941,  509  §  5.     (See  1941,  509  §  9.) 

Sect.  28  amended,  1939,  451  §  27;  1941,  509  §  6.    (See  1941,  509  §  9.) 

Sects.  30-51.     See  1934,  317  §  2. 

Sects.  30-60.     For  legislation  establishing  an  additional  tax  under 

these  sections  to  provide  funds  for  old  age  assistance,  see  1941,  729 

§§  9,  15. 

For  temporary  legislation  providing  for  additional  taxes  levied  under 
these  sections,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;  1941,  416  §§  1,  3. 

Sect.  30,  paragraph  3,  subdivision  (a)  revised,  1939,  24  §  5;  para- 
graph contained  in  hnes  48-51  amended,  1933,  58  §  3;  paragraph  con- 
tained in  lines  52-69  revised,  1934,  237  §  1 ;  paragraph  4,  subdivision  (a) 
revised,  1939,  24  §  6;  paragraph  contained  in  lines  70-74  amended, 
1933,  58  §  4,  revised,  1934,  237  §  1 ;  paragraph  5  revised,  1933,  327  §  3. 
(See  1933,  58  §  5,  327  §  7;  1934,  237  §  2.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5;  1939,  363 
§  1.     (See  1933,  342  §  6;  1936,  362  §  8;  1939,  363  §  2.) 

Sect.  32A  amended,  1933,  342  §  2.     (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §  1.     (See  1933,  303  §  3.) 

Sect.  34  amended,  1933,  327  §  4.     (See  1933,  327  §  7.) 

Sect.  35  revised   1933  58  §  1. 

Sect!  36  revised^  1933^  327  §  5;  amended,  1935,  473  §  2.  (See  1933, 
327  §  7;  1935,  473  §  7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933, 
342  §  6.) 


Chaps.  64,  64A.]  GENERAL   LawS.  1309 

Sect.  38B,  last  paragraph  amended,  1935,  473  §  3.  (See  1935,  473 
§  7.)     [For  temporary  legislation  affecting  the  taxation,  during  1934, 

1935,  1936,  1937,  1938,  1939,  1940,  1941,  1942,  1943  and  1944  of  corpora- 
tions subject  to  this  section,  see  1934,  317  §  1;  1935,  489  §  4;  1937,  395 
§  5;  1938,  489  §  6;  1939,  373  §  5;  1941,  331  §  5.] 

Sect.  38C  revised,  1937,  383  §  1.     (See  1937,  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §  6;  1936,  362  §  8.) 

Sect.  39A  revised,  1933,  303  §  2;  first  paragraph  amended,  1934,  134. 
(See  1933,  303  §  3.) 

Sect.  40  re\dsed,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5.     (See  1933,  342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43.  See  1933,  307  §  9A;  1935,  489  §  2;  1937,  395  §  2;  1938, 
489  §  3;  1939,  373  §  2;  1941,  331  §  2. 

Sect.  44  amended,  1935,  473  §  4;   1936,  362  §  7.     (See  1935,  473  §  7; 

1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5.  (See  1933, 
195  §  2;  1935,  473  §  7.) 

Sect.  48  revised,  1935,  473  §  1.     (See  1935,  473  §  7.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  1941,  509  §  7; 
clause  Fourth  revised,  1934,  323  §  6.  (See  1933,  254  §  66;  1934,  323 
§  11;  1941,  509  §9.) 

Sect.  54,  paragraph  in  fines  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A.     (See  1933,  254  §  66;  1934,  323  §  11.) 

Sect.  55,  first  paragraph  amended,  1936,  134 ;  section  amended,  1939, 
24  §7. 

Sect.  56A  revised,  1934,  317  §  3.     (See  1934,  317  §  4.) 

Sect.  59  amended,  1934,  323  §  8.     (See  1934,  323  §  11.) 

Sect.  60  amended,  1939,  451  §  28;  1941,  509  §  8.    (See  1941,  509  §  9.) 

Sect.  68A  amended,  1939,  24  §  8. 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 

Sect.  71  amended,  1933,  167  §  3;  1939,  451  §  29. 

Sect.  71A  amended,  1935,  150;  1939,  451  §  30. 

Sect.  7 IB  added,  1937,  135  §  3  (providing  that  applications  for  abate- 
ment or  correction-  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner). 

Sect.  81  revised,  1939,  24  §  9. 

Chapter  64.  —  Taxation  of  Stock  Transfers. 

Sect.  6  amended,  1939,  451  §  31. 

Chapter   64A.  —  Taxation   of   Sales   of   Gasoline   and   Certain   Other   Motor 

Vehicle  Fuel. 

Chapter  affected,  1932,  248;  1935,  336;  1936,  398;  1938,  431  §  2; 
1939,  408;  1941,  330. 

Sect.  1,  paragraph  (d)  revised,  1936,  357  §  1;  paragraph  (g)  amended, 
1941,  490  §  16.     (See  1936,  357  §  3.) 


1310  Changes   in  the  [Chaps.  64B-69. 

Sect.  4  revised   1938  431  §  1. 

Sect!  5  amended,  1936,  357  §  2;  1939,  451  §  32.    (See  1936,  357  §  3.) 

Sect.  10  amended,  1939,  451  §  33. 

Sect.  12  revised,  1941,  490  §  17. 

Chapter  64B.  —  Excise  upon   Charges  for  Meals  served   to  the   Public. 

New  chapter  inserted,  1941,  729  §  17.     (See  1941,  729  §  15.) 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  establishing  an  additional  tax  upon  legacies  and  suc- 
cessions to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9 A,  15. 

For  temporary  legislation  providing  for  additional  taxes  upon  legacies 
and  successions,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §§  20,  22;  1941,  416  §§  2,  3. 

Sect.  1,  table  revised,  1933,  293;  1941,  415  §  1;  first  sentence  re- 
vised, 1941,  605  §  1.    (See  1941,  415  §  2,  605  §  2.) 

Sect.  3  amended,  1939,  380. 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Sect.  25  amended,  1939,  451  §  34;  revised,  1939,  494  §  1. 

Sect.  26  amended,  1939,  451  §  35;  revised,  1939,  494  §  2. 

Sect.  32  amended,  1939,  451  §  36. 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;    second  paragraph  re- 
vised, 1933,  316  §  1;   section  amended,  1937,  420  §  1.     (See  1933,  316 
§  2;   1937,  420  §  4.) 
Sect.  6  amended,  1937,  420  §  2.     (See  1937,  420  §  4.) 
Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 

Chapter  66.  —  Public  Records. 

Sect.  3  revised,  1936,  305;  1941,  662  §  1. 
Sects.  5,  7  and  16  affected,  1941,  662  §  2. 
Sect.  15  amended,  1939,.  40. 

Sect.  17A  added,  1941,  630  §  1  (making  records  relating  to  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind  confidential). 

Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Uses. 

Sect.  10,  sentence  added  at  end,  1934,  238. 

Chapter   69.  —  Powers   and    Duties   of    the    Department   of    Education. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935,  275;  1937,  213,  327;  1938,  315;  revised, 
1938,  424;  amended,  1941,  351  §  6,  561. 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  9  amended,  1938,  442  §  1. 

Sect.  9A  added,  1938,  442  §  2  (further  regidating  education  in  the 
use  of  English  and  certain  other  subjects  adapted  to  fit  persons  for 
American  citizenship). 


Chaps.  70,  71.]  GENERAL  LawS.  1311 

Sect.  11  revised,  1939,  409  §  4.     (See  1939,  409  §§  1,  5.) 

Sect.  23A  added,  1938,  28  (requiring  the  furnishing  of  information 
to  the  director  of  the  division  of  the  blind  by  certain  banks  and  other 
depositories). 

Sect.  25  revised,  1935,  397. 

Sects.  25A-25E  added,  1938,  329  (regulating  the  raising  of  funds  for 
the  benefit  of  the  bHnd). 

Sect.  26,  paragraph  added  at  end,  1935,  286. 

Sect.  26A  added,  1941,  630  §  2  (relative  to  information  concerning 
recipients  of  aid  to  the  blind). 

Sect.  29  added,  1938,  313  (relative  to  instruction  in  lip  reading  for 
certain  school  children  whose  hearing  is  defective) . 


Chapter  70.  —  School  Funds  and  Other  State  Aid  for  Public  Schools. 

Sect.  1A  added,  1941,  524  (relative  to  reimbursement  to  cities  and 
towns  for  certain  school  salaries). 
Sect.  2  amended,  1932,  127  §  5. 
Sect.  4,  last  paragraph  amended,  1934,  143. 
Sect.  6  amended,  1932,  127  §  6. 
Sect.  11,  paragraph  (3)  revised,  1941,  532. 
Sect.  18  amended,  1932,  127  §  7. 

Chapter  71.  —  Public  Schools. 

Sect.  2  amended,  1938,  246  §  1. 

Sect.  7  amended,  1941,  590. 

Sect.  13A  added,  1938,  241  (requiring  the  teaching  of  the  ItaUan 
language  in  certain  public  high  schools  in  certain  cases). 

Sect.  13B  added,  1939,  311  (relative  to  the  teaching  of  modern  lan- 
guages in  certain  public  high  schools). 

Sect.  19  amended,  1939,  461  §  1. 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth), 
(See  1935,  370  §§  2,  2A,  3.) 

Sect.  34  revised,  1939,  294. 

Sects.  38A-38F  added,  1941,  676  §  2  (relative  to  occupational  guid- 
ance and  placement).     (See  1941,  646.) 

Sect.  40  amended,  1941,  507. 

Sect.  42  revised,  1934,  123. 

Sect.  46  amended,  1941,  194  §  4. 

Sect.  46A  amended,  1932,  159. 

Sect.  47  revised,  1935,  199. 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  54  amended,  1938,  265  §  1. 

Sect.  55  revised,  1938,  265  §  2. 

Sect.  55A  added,  1938,  265  §  3  (relative  to  the  disposition  of  children 
showing  signs  of  ill  health  or  of  being  infected  with  a  dangerous  disease). 

Sect.  56  revised,  1938,  265  §  4. 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287. 


1312  Changes  in  the  [Chaps.  72-74. 

Sect.  66,  paragraph  added  at  end,  1937,  281. 
Sect.  68  revised,  1934,  97  §  1.     (See  1934,  97  §  2.) 
Sect.  69  revised,  1935,  258. 
Sect.  71  amended,  1935,  193. 

Chapter  72.  —  School  Registers  and   Returns. 

Sect.  3,  paragraph  in  lines  6-10  revised,  1939,  461  §  2. 

Chapter  73.  —  State  Teachers  Colleges  (former  title,  State  Normal  Schools). 

Title  changed,  1932,  127  §  9. 

Sect.  1  amended,  1932,  127  §  10. 

Sect.  2  amended,  1932,  127  §  11. 

Sect.  2A  added,  1938,  246  §  2  (making  the  constitutions  of  the  United 
States  and  of  this  Commonwealth  required  subjects  of  instruction  in 
State  Teachers  Colleges). 

Sect.  3  amended,  1932,  127  §  12. 

Sect.  4  amended,  1932,  127  §  13. 

Sect.  4A  amended,  1932,  127  §  14. 

Sect.  5  amended,  1932,  127  §  15.  (Temporarily  affected,  1933,  233; 
1934,  130;  1935,  277.) 

Sect.  6  amended,  1932,  127  §  16. 

Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21. 

Chapter  74.  —  Vocational  Education. 

Sect.  1  revised,  1938,  446  §  1;  amended,  1941,  617  §  1.    (See  1938, 

446  §  14.) 

Sect.  2  amended,  1938,  446  §  2.     (See  1938,  446  §  14.) 

Sect.  3  amended,  1938,  446  §  3.     (See  1938,  446  §  14.) 

Sect.  4  amended,  1938,  446  §  4.     (See  1938,  446  §  14.) 

Sect.  6  amended,  1938,  446  §  5.     (See  1938,  446  §  14.) 

Sect.  7  amended,  1938,  446  §  6.     (See  1938,  446  §  14.) 

Sect.  8A  revised,  1937,  323;  paragraph  added  at  end,  1939,  308. 

Sect.  9  amended,  1938,  446  §  7.     (See  1938,  446  §  14.) 

Sect.  11  amended,  1933,  102  §  2;   1941,  617  §  2.    (See  1933,  102  §  4.) 

Sect.  13  amended,  1938,  446  §  8.     (See  1938,  446  §  14.) 

Sect.  19  revised,  1938,  446  §  9.     (See  1938,  446  §  14.) 

Sect.  21  amended,  1938,  446  §  10.     (See  1938,  446  §  14.) 

Sect.  22  amended,  1938,  446  §  11.     (See  1938,  446  §  14.) 

Sect.  22A  amended,  1938,  446  §  12.     (See  1938,  446  §  14.) 

Sect.  28  revised,  1939,  501  §  6. 

Sect.  30  amended,  1937,  41. 

Sect.  31 A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 

county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 

attending  said  school). 

Sect.  47E,  paragraph  added  at  end,  1935,  22. 

Sect.  49,  caption  preceding  section  changed,  1942,  1   §  3;    section 

amended,  1942,  1  §  5.    (See  1942,  1  §  9.) 

Sect.  53  revised,  1942,  1  §  6.     (See  1942,  1  §  9.) 


Chaps.  75-81  ]  GENERAL  LawS.  1313 


Chapter  75.  —  Massachusetts  State  College. 

Sect.  5  revised,  1935,  288. 

Sect.  5A  added,  1939,  329  (authorizing  the  trustees  of  Massachusetts 
State  College  to  retain  and  manage  in  a  revolving  fund  receipts  from 
student  activities). 

Sect.  6  amended,  1935,  462  §  2.     (See  1935,  462  §  1.) 

Chapter  76.  —  School  Attendance. 

Sect.  1  revised,  1939,  461  §  3;  amended,  1941,  423. 
Sects.  7-10.     See  1939,  454  §  21. 
Sect.  15  revised,  1938,  265  §  5. 

Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

Sect.  1  revised,  1933,  295  §  1. 

Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 

Chapter  79.  —  Eminent  Domain. 

Sect.  3,  first  paragraph  amended,  1938,  172  §  6. 
Sect.  8  amended,  1936,  187  §  1. 
Sect.  9,  last  sentence  amended,  1938,  172  §  7. 
Sect.  15  repealed,  1936,  385  §  1.     (See  1936,  385  §  2.) 
Sect.  16  amended,  1936,  187  §  2;  1938,  185. 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;  amended,  1936,  137. 

Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect.  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board  of 
officers  to  take  action  upon  a  petition  for  abatement  of  a  betterment 
assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to  refusal  to 
abate  the  assessment).     (See  1933,  157  §  3.) 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1; 
last  sentence  stricken  out  and  new  paragraph  added,  1938,  489  §  1; 
first  sentence  of  section  amended,  1941,  595.  (See  1933,  254  §  66;  1934, 
315  §3;  1941,724.) 

Chapter  81.  —  State  Highways. 

Sect.  5  revised,  1937,  218  §  1. 

Sect.  7A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  public  works  with  respect  to  certain  ways  connecting  with 
state  highways). 

Sect.  7B  added,  1941,  519  (giving  the  department  of  public  works 
the  power  to  take  a  slope  easement,  so  called,  in  certain  cases). 


1314  Changes  in  the  [Chaps.  82-89. 

Sect.  8  revised,  1936,  371;  amended,  1937,  218  §  2. 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  pubhc 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect.  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect.  26  amended,  1934,  366. 

Sect.  27  amended,  1939,  224. 

Chapter  82.  —  The  Laying  Out,  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect.  7  amended,  1933,  283  §  2. 

Sect,  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  altering  or  relocating  of  public  ways). 

Sect.  34  amended,  1935,  309;  1941,  533. 

Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  18  revised,  1933,  114  §  1.  . 

Sect.  19  amended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3;  amended,  1939,  147. 

Sect.  25.     Temporarily  affected,  1934,  163. 

Chapter   85.  —  Regulations   and    By-Laws   relative    to    Ways   and    Bridges. 

Sect.  2A  added,  1941,  346  §  2  (authorizing  the  department  of  public 
works  to  remove  vehicles  from  state  highways  when  said  vehicles  inter- 
fere with  the  removal  of  snow  and  ice). 

Sect.  IIA  added,  1941,  710  §  1  (relative  to  the  registration  and  opera- 
tion of  certain  bicycles). 

Sects.  12-14  repealed,  1941,  710  §  2. 

Sect.  14B  added,  1938,  432  (requiring  the  use  of  certain  signal  hghts 
at  locations  on  unlighted  ways  where  certain  vehicles  are  disabled). 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof). 

Sect.  30  amended,  1935,  30;  1938,  171  §  1. 

Sect.  31  revised,  1938,  171  §  2.        . 

Chapter  87.  —  Shade  Trees. 

Sect.  5  amended,  1941,  490  §  18. 

Chapter  89.  —  Law  of  the  Road. 

Sect.  2  revised,  1933,  301. 
Sect.  5  amended,  1936,  49.     (See  1938,  149.) 

Sect.  7B  added,  1934,  382  (relative  to  the  appUcation  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 


Chap.  90.J  GENERAL  LaWS.  1315 


Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

Sect.  1,  paragraph  (defining  "heavy  duty  platform  trailer")  added, 
1939,  354  §  1;  same  paragraph  amended,  1941,  30;  paragraph  (defining 
"motor  vehicles")  amended,  1932,  182;  1938,  36;  paragraph  in  lines 
41^5  (defining  "register  number")  revised,  1935,  43;  two  paragraphs 
(defining  "semi-trailer"  and  "semi-trailer  unit")  added,  1933,  332  §  1; 
paragraph  (defining  "school  bus")  added,  1932,  271  §  1;  paragraph  in 
lines  52-56  stricken  out,  and  two  paragraphs  (defining  "tractor"  and 
"trailer")  inserted,  1933,  332  §  2;  paragraph  (defining  "trailer") 
amended,  1939,  354  §  2.    (See  1932,  271  §  7;   1933,  332  §  5.) 

Sect.  1A  amended,  1933,  372  §  3;   1934,  264  §  2. 

Sect.  2,  fourth  paragraph  revised,  1932,  5;  seventh  paragraph  re- 
vised, 1939,  436  §  1;  last  paragraph  revised,  1933,  54. 

Sect.  3,  first  sentence  revised,  1933,  188;  section'revised,  1939,  325; 
paragraph  added  at  end,  1941,  282. 

Sect.  3C  revised,  1937,  387. 

Sect.  6,  first  sentence  revised,  1939,  436  §  2. 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 
1933,  109;  sentence  added  after  fourth  sentence,  1939,  153;  'paragraph 
added  at  end  of  section,  1941,  443.     (See  1932,  123  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.     (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).     (See  1932,  271  §  7.) 

Sect.  8  amended,  1934,  103;   1937,  284. 

Sect.  9  amended,  1934,  361;   1941,  283. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1.  (See  1932,  168 
§§2,3;   1935,  393  §2.) 

Sect.  10  amended,  1935,  219. 

Sect.  14  amended,  1938,  166. 

Sect.  15  amended,  1932,  271  §  5;   1933,  26  §  1.    (See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4.    (See  1932,  271  §  7.) 

Sect.  19,  last  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465);  amended,  1936,  388  §  1;  revised, 
1941,  314.  (See  1933,  332  §  5;  1935,  223  §  2;  1936,  388  §  2.)  Affected 
by  1941,  589. 

Sect.  20A  added,  1934,  368  §  1  (providmg  for  the  non-criminal  dispo- 
sition of  charges  for  violation  of  motor  vehicle  parking  rules,  regulations, 
orders,  ordinances  and  by-laws);  revised,  1935,  176;  first  paragraph 
revised,  1938,  201.    (See  1934,  368  §  2.) 

Sect.  21  amended,  1936,  406. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191;  first  sentence  (as 
appearing  in  1933,  191)  amended,  1941,  312. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  licenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 

Sect.  23,  new  paragraph  added  at  end,  1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  lines  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1;  paragraph 
(1)  (a)  amended,  1938,  145;  paragraph  (1)  (c)  revised,  1939,  82;  para- 


1316  Changes  in  the  [Chap.  90. 

graph  (2)  (a)  amended,  1937,  230  §  1;  paragraph  (2)  (c)  amended,  1937, 
117.     (See  1937,  230  §  2.) 

Sect.  29,  last  sentence  amended,  1932,  26  §  2;  section  amended, 
1935,  477  §  1;  second  sentence  revised,  1936,  391;  last  two  sentences 
revised,  1938,  146. 

Sect.  32B  repealed,  1934,  209  §  2.     (See  1934,  209  §  3.) 

Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).    (See  1934,  209  §  3.) 

Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1;  fourth  paragraph  (as  appearing  in  1932,  249  §  1) 
amended,  1933,  183  §  1;  paragraph  in  fines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1;  the  paragraph  so  inserted  amended,  1936,  380 
§  1 ;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised,  1937, 
377;  subdivision  (3)  of  said  paragraph  amended,  1938,  430;  subdivi- 
sion (4)  of  said  paragraph  amended,  1939,  354  §  3;  subdivision  (6)  of 
said  paragraph  amended,  1939,  354  §  4;  last  paragraph  amended,  1936, 
401.  (See  1932,  249  §  2;  1933,  183  §  2,  332  §  5;  1935,  409  §  2;  1936, 
380  §  2.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1. .  (See  1934,  364  §  3.) 

Sect.  34A,  new  paragraph  (defining  "guest  occupant")  added,  1935, 
459  §  1;  paragraphs  defining  "motor  vehicle  liability  bond"  and  "motor 
vehicle  liability  policy"  revised,  1935,  459  §  2.    (See  1935,  459  §  5.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2.     (See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13. 

Sect.  34D  revised,  1935,  459  §  3.     (See  1935,  459  §  5.) 

Sect.  34H,  first  paragraph  amended,  1933,  119  §  4;  new  paragraph 
inserted,  1933,  119  §  5.     (See  1933,  119  §  6.) 

Sects.  35-60  stricken  out,  and  new  sections  35-50  (uniform  aeronautical 
code)  inserted,  1935,  418  §  2.     (See  also  below.) 

Sect.  36  revised,  1938,  417  §  1. 

Sect.  37  revised,  1938,  417  §  2. 

Sect.  38  revised,  1938,  417  §  3. 

Sect.  39  revised,  1938,  417  §  4.  ■ 

Sect.  40  revised,  1938,  417  §  5. 

Sect.  41  revised,  1938,  417  §  6. 

Sect.  42  revised,  1938,  417  §  7. 

Sect.  43  revised,  1938,  417  §  8. 

Sect.  43 A  added,  1938,  417  §  9  (relative  to  the  powers  and  duties  of 
police  and  certain  other  officers  as  to  aircraft  accidents  and  violations 
of  the  laws,  rules  and  regulations  relative  to  aircraft). 

Sect.  44  revised,  1938,  417  §  10. 

Sect.  45  revised,  1938,  417  §  11. 

Sect.  46  revised,  1938,  417  §  12. 

Sects.  35-43  and  44-50,  inc.  (inserted  by  1935,  418  §  2,  as  amended)  and 
sect.  43A  (inserted  by  1938,  417  §  9)  stricken  out  and  new  sections  35-52 
inserted,  1939,  393  §  3  (further  revising  the  laws  relative  to  aviation).  (See 
1939,  393  §§  4-6.) 

Sect.  35,  paragraph  defining  "Airport"  amended,  1941,  537  §  1; 
paragraph  inserted  after  said  paragraph,  1941,  537  §  2;  paragraph  de- 


Chaps.  91-93.]  GENERAL  LaWS.  1317 

fining  "Landing  field"  amended,  1941,  537  §  3;  two  paragraphs  added 
at  end,  1941,  537  §  4. 

Sect.  39,  first  paragraph  revised,  1941,  695  §  13. 

Sects.  40A-40I  inserted,  1941,  537  §  5  (relative  to  protecting  the 
approaches  to  publicly  owned  airports). 

Sect.  42  amended,  1941,  537  §  6. 

Sect.  44  amended,  1941,  537  §  7. 

Sect.  45  amended,  1941,  537  §  8. 

Sect.  53,  last  sentence  amended,  1932,  180  §  14.  Section  stricken 
out,  1935,  418  §  2,  see  supra. 

Chapter  91. — Waterways. 

Sect.  6.     See  1941,  695  §  15. 

Sect.  9A  added,  1938,  407  §  2  (providing  a  method  for  the  develop- 
ment of  waterfront  terminal  facilities). 

Sect,  12A  added,  1939,  513  §  6  (licensing  and  otherwise  regulating 
structures,  filling  and  excavations  in  certain  rivers  and  streams). 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2. 

Sect.  46A  added,  1935,  362  §  1  (penalizing  the  unlicensed  breaking 
up  or  altering  of  vessels,  scows,  lighters  or  certain  other  structures). 

Sect.  49  revised,  1935,  362  §  2. 

Chapter  92.  —  Metropolitan  Sewers,  Water  and  Parks. 

For  legislation  including  a  certain  portion  of  Lexington  in  the  north 
metropolitan  sewerage  system,  see  1934,  225. 

Sect.  48  amended,  1934,  266  §  1.     (See  1934,  266  §  4.) 
Sect.  56  revised,  1933,  197  §  1;   sentence  added  at  end,  1939,  429 
§  1.     (See  1939,  429  §§  2,  4.) 
Sect.  57  amended,  1933,  197  §  2. 
Sect.  60  revised,  1939,  429  §  3.     (See  1939,  429  §  4.) 
Sect.  60A  added,  1937,  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropolitan  district  commission  and 
metropolitan  district  water  supply  commission) ;  repealed,  1941,  547  §  2. 
(See  1937,  352  §  2;  1941,  547  §  1.) 

Sect.  62  revised,  1938,  396;  amended,  1941,  658  §  1.  (See  1941, 
658  §  2.) 

Sect.  62A  added,  1937,  416  §  1  (providing  for  a  reserve  police  force 
for  the  metropolitan  district  commission);  revised,  1939,  441  §  1.    (See 
1937,  416  §  5;  1939,  441  §§  3,  5.) 
Sect.  63  repealed,  1937,  416  §  2.    (See  1937,  416  §  5;  1939,  441  §  3.) 
Sect.  93  amended,  1934,  266  §  2.     (See  1934,  266  §  4.) 
Sect.  94  amended,  1934,  266  §  3.     (See  1934,  266  §  4.) 
Sect.  100  revised,  1939,  499  §  7. 

Chapter  93.  —  Regulation  of  Trade  and  Certain  Enterprises. 

Sect.  8,  sentence  added  at  end,  1938,  410  §  2. 

Sects.  14A-14D  added,  under  heading  "fair  trade",  1937,  398 
(protecting  trade  mark  owners,  distributors  and  the  public  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of 
standard  quality  under  a  trade  mark,  brand  or  name). 


1318  Changes  in  the  [Chap.  94. 

Sect.  14A  amended,  1939,  231. 

Sect.  14B  amended,  1939,  313. 

Sects.  14E-14K  added,  under  heading  "unfair  sales",  1938,  410 
§  1  (defining  and  prohibiting  unfair  sales  practices,  with  a  view  to 
preventing  the  advertising  or  offering  for  sale,  or  the  selling  below  cost, 
of  merchandise  for  the  purpose  of  injuring  competitors  or  destroying 
competition).     (See  1941,  715.) 

Sect.  i4E  paragraphs  (a)  and  (6)  amended,  1939,  189  §  1;  paragraph 
(h)  added  at  end,  1939,  189  §  2. 

Sect.  14F  revised,  1941,  494. 

Caption  immediately  preceding  section  21  amended,  1939,  343  §  3. 

Sect.  21  amended,  1939,  343  §  1;  1941,  583  §  1. 

Sects.  21A-21D  added,  1941,  583  §  2  (defining  and  further  regulating 
private  trade  schools). 

Sect.  22  amended,  1939,  343  §  2;  1941,  583  §  3. 

Sects.  28A-28D  added,  under  heading  "regulating  closing  out 
sales,  so  called,  and  similar  types  of  sales",  1938,  165. 

Sect.  28A  revised,  1939,  207. 

Sect.  34.  For  temporary  act  to  enable  savings  banks  and  certain 
other  banking  institutions  to  co-operate  in  the  distribution  of  United 
States  defense  savings  bonds  and  defense  postal  savings  stamps,  see 
1941,  221,  575. 

Chapter  94.  —  Inspection  and  Sale  of  Food,   Drugs  and  Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933,  338 
§  1;  paragraph  in  lines  30-36  (defining  "butter"  and  "cheese")  stricken 
out  and  new  paragraph  defining  "butter"  inserted,  1937,  335  §  1;  para- 
graph in  line  40  reading,  "cheese",  see  "butter",  stricken  out  and 
four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese  and  cream 
cheese);  paragraph  (defining  "bakery")  amended,  1937,  362  §  1;  para- 
graphs in  lines  148-164  (defining  "agricultural  seeds"  or  "agricultural 
seed",  "noxious  weed  seeds"  and  "weed  seeds")  revised  and  definition 
of  "vegetable  seeds"  added,  1938,  363  §  1;  paragraph  in  lines  177-181 
revised,  1939,  196  §  1.     (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.     (See  1937,  362  §  7.) 

Sect.  7  amended,  1941,  490  §  19. 

Sect.  8  revised,  1937,  53. 

Sect.  9  amended,  1939,  261  §  6. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  Ill  §§  34-43,  46-49,  repealed  by 
1937,  362  §  6.)     (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.     (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG  (regulating 
the  manufacture,  bottling  and  sale  of  certain  non-alcoholic  beverages) 
inserted,  1935,  441. 

Sect.  lOF  amended,  1941,  119. 

Sects.  12-48A.  For  temporary  legislation  establishing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  note  to  G.  L.  chapter  94A,  inserted  by  1941,  691  §  2. 


Chap.  94.]  GENERAL  LawS.  1319 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  production, 
sale  and  distribution  of  milk)  inserted,  1932,  305  §  3.  (See  1932,  305 
§§  5,  6.) 

Sect.  16C  amended,  1941,  374. 

Sect.  17A  amended,  1933,  124. 

Sect.  18  revised,  1933,  263  §  2.     (See  1933,  263  §  3.) 

Sect.  20  revised,  1939,  212. 

Sect.  29A  revised,  1933,  253. 

Sect.  30  revised,  1933,  253. 

Sect.  31  revised,  1933,  253. 

Sect.  40  amended,  1941,  298. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  licensed  and  bonded)  inserted,  1933,  338  §  2; 
affected,  1939,  421. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934,  180  §  1. 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended,  1936,  210.     (See  1932,  305  §§  5,  6.) 

Sect.  45  revised,  1935,  317. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  48C  added,  1939,  317  (regulating  the  manufacture,  sale  and 
delivery  of  certain  milk  beverages,  so  called). 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61 A  added,  1937,  335  §  4  (relative  to^the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65 J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937,  341  §  2. 

Sect.  65P,  paragraph  (/)  added  at  end,  1937,  341  §  3. 

Sect.  74  revised,  1933,  329  §  5;  repealed,  1941,  598  §  2. 

Sect.  74A  added,  1933,  329  §  6  (definition  of  "fish");  repealed,  1941, 
598  §  2. 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8;  repealed,  1941, 
598  §  2. 

Sect.  77 A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish). 

Sect.  78  revised,  1933,  329  §  9;  repealed,  1941,  598  §  2. 

Sect.  78A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters);  repealed,  1941,  598  §  2. 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  80  repealed,  1941,  598  §  2. 


1320  Changes  in  the  [Chap.  94. 

Sect.  81  revised,  1933,  329  §  11;    1939,  491  §  10;    repealed,  1941, 
598  §  2.    (See  1939,  491  §  12.) 

Sect.  82  repealed,  1941,  598  §  2. 

Sect.  83  revised,  1933,  329  §  12;  repealed,  1941,  598  §  2. 

Sect.  85  amended,  1939,  261  §  7. 

Sect.  88A  revised,  1933,  329  §  13;  repealed,  1941,  598  §  2. 

Sect.  88B  added,   1936,   176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 

Sect.  90B  added,  1938,  404  (establishing  standard  sizes  in  connec- 
tion with  the  sale  and  distribution  of  eggs). 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  by  weight) . 

Sect.  98  amended,  1939,  261  §  8. 

Sect.  99A  amended,  1939,  261  §  9.  ' 

Sect.  123  amended,  1932,  180  §  15. 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6.  (See  1934,  340 
§18.) 

Sect.  148,  second  paragraph  amended,  1934,  340  §  6A.  (See  1934, 
340  §  18.) 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 

Sect.  152A  amended,  1935,  157  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  153 A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives);  revised,  1933,  311. 

Sect.  172  revised,  1939,  122. 

Sect.  181  amended,  1939,  261  §  10. 

Sect.  182  amended,  1939,  261  §  11. 

Sect.  184  amended,  1939,  261  §  12. 

Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  197,  paragraph  in  lines  10-15  revised,  1935,  412  §  1. 

Sect.  198  amended,  1935,  412  §  2. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  hcensing 
of  certain  dealings  in  narcotic  drugs). 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 

Sect.  206  amended,  1935,  412  §  6. 

Sect.  211  amended,  1935,  412  §  7;  revised,  1938,  321  §  1. 

Sect.  212  amended,  1938,  321  §  2. 

Sect.  212A  added,  1938,  321  §  3  (providing  for  the  arrest  without 
a  warrant  and  punishment  of  a  person  present  where  a  narcotic  drug 
is  unlawfully  kept  or  deposited). 

Sect.  214  amended,  1935,  412  §  8. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  225,  paragraph  added  at  end,  1939,  69. 

Sect.  239A  amended,  1939,  261  §  13. 

Sect.  244  amended,  1941,  155  §  1. 

Sect.  245  revised,  1933,  94  §  2;  amended,  1939,  261  §  13 A;  revised, 
1941,  155  §  2. 


Chap.  94.]  GENERAL   LawS.  1321 

Sect.  246  revised,  1941,  155  §  4. 

Sect.  248  amended,  19a4,  184;   1939,  261  §  14. 

Sect.  249A  amended,  1939,  261  §  15. 

Sect.  249B  amended,  1939,  261  §  16. 

Sect.  249F  amended,  1939,  261  §  17. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction) ;  amended,  1939,261  §  17A;  repealed, 
1941,  155  §  3. 

Sect.  250  revised,  1933,  67  §  6. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12.  ' 

Sect.  261A  amended,  1938,  363  §  2. 

Sect.  261B  amended,  1938,  363  §  3. 

Sect.  261C  revised,  1938,  363  §  4. 

Sect.  261D  revised,  1938,  363  §  5. 

Sect.  261E,  paragraph  added  at  end,  1938,  363  §  6. 

Sects.  261H-261L  stricken  out,  and  new  sections  261H-261L  in- 
serted, 1937,  288  §  1.     (See  1937,  288  §  2.)       - 

Sect.  26  1H,  paragraph  added  at  end,  1938,  363  §  7. 

Sect.  261K  amended,  1938,  363  §  8.  ^ 

Sect.  261L  revised,  1938,  363  §  9. 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  steriliza- 
tion of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  270C  added,  1939,  196  §  2  (relative  to  the  marking  of  certain 
articles  of  bedding  and  upholstered  furniture  consisting  in  whole  or  in 
part  of  second-hand  metal). 

Sect.  270D  added,  1939,  351  (further  regulating  the  sale  within  the 
commonwealth  of  articles  of  bedding  and  upholstered  furniture);  re- 
pealed, 1941,  57. 

Sect.  276  amended,  1939,  196  §  3. 

Sect.  277 A  added,  1941,  422  (requiring  the  marking  or  labelling  of 
furs,  imitation  furs  and  articles  made  therefrom,  and  prohibiting  mis- 
representation in  such  marks  or  labels). 

Sect.  283  amended,  1939,  261  §  17B. 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoline,  lubricating  oils  and  other  motor  fuels,  and  to  prevention 
of  the  adulteration  thereof). 

Sects.  295B  and  295C  added,  1938,  411  (prohibiting  and  penahzing 
the  use  of  misleading  signs  relating  to  the  price  of  gasoline  and  other 
motor  fuel). 

Sect.  295C  revised,  1939,  218. 

Sects.  295A-295C  stricken  out,  and  new  sections  295A-2950  in- 
serted, 1939,^459  §  1  (further  regulating  the  advertising  and  sale  of 
motor  fuel  at  retail).    (See  1939,  459  §  3.) 


1322  Changes   in  the  [Chaps.  94A-99. 

Sect.  295G  revised,  1941,  311. 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl^or  wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303 A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 

Sect.  303C  revised,  1937,  177  §  2. 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils). 

Sect.  305A  amended,  1937,  362  §  5.     (See  1937,  362  §  7.) 

Chapter  94A.  —  Milk  Control. 

New  chapter  inserted,  1941,  691  §  2.  (See  1941,  691  §§3-6.) 
(For  prior  temporary  legislation  establishing  within  the  department 
of  agriculture  a  milk  control  board,  and  defining  its  powers  and  duties, 
see  1934,  376;  term  of  office  of  said  board  extended,  1936,  300;  1938, 
334;  1939,413;  1941,  418  §  1;  631  §  1;  legislation  amended,  1937,428; 
1938,279;  1939,302.) 

Chapter  95.  —  Measuring  of  Leather. 

Sect.  1  amended,  1939,  261  §  18. 

Chapter  97.  —  Surveying  of  Land. 

Sects.  8-13  added,  1941,  47  (defining  and  authorizing  the  use  of  a 
system  of  plane  co-ordinates  for  designating  and  stating  positions  of 
points  on  the  surface  of  the  earth  within  the  commonwealth). 

Chapter  98.  — •  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  19. 

Sect.  14 A  amended,  1936,  73. 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  22  amended,  1939,  261  §  19 A;  revised,  1941,  59. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  37  amended,  1936,  72. 

Sect.  41  amended,  1941,  462. 

Sect.  56,  paragraph  (b}4)  added,  1934,  98  (establishing  fees  for  seal- 
ing certain  liquid-measuring  meters);  section  revised,  1937,  74;  para- 
graph (63^)  added,  1937,  305  §  1.    (See  1937,  305  §  2.) 

Sect.  56 A  added,  1941,  60  (relative  to  the  location  of  scales  and  other 
weighing  devices  used  in  weighing  food  sold  at  retail  by  weight). 

Chapter  99.  —  The  Metric  System  of  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  20. 
Sect.  3  amended,  1939,  261  §  21. 
Sect.  4  amended,  1939,  261  §  22. 


I 


Chaps.  100-1  lO.J  GENERAL  LawS.  1323 


Chapter  100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  2  revised,  1941,  81. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  14  revised,  1932,  156  §  2. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 

Chapter  101.  —  Transient  Vendors,  Hawkers  and  Pedlers. 

Sect.  1,  second  paragraph  revised,  1936,  218;  section  amended,  1941, 
490  §  21. 

Sect.  3  amended,  1939,  261  §  23;   1941,  490  §  22. 

Sect.  5  amended,  1933,  254  §  64.     (See  1933,  254  §  66.) 

Sect.  6A  added,  1938,  85  (providing  that  applications  for  transient 
vendors'  licenses  shall  contain  irrevocable  power  of  attorney  for  service 
of  process,  and  providing  for  service  of  process  under  authority  thereof). 

Sect.  15  amended,  1937,  214;  revised,  1937,  333. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;  1937,  73. 

Sect.  24  amended,  1936,  74. 

Sect.  27  amended,  1941,  490  §  23. 

Sect.  30  amended,  1934,  77. 

Sect.  32  amended,  1941,  490  §  24. 

Chapter  102.  —  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 
Sect.  17  revised,  1932,  57. 

Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  HabiUty  of  sureties  on  bonds  furnished  by  pubhc  warehousemen). 
(See  1935,  122  §  3.) 

Sect.  6  revised,  1935,  122  §  2.     (See  1935,  122  §  3.) 

Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 

Chapter  107.  —  Money  and  Negotiable  Instruments. 

Sect.  31  amended,  1941,  215. 

Chapter  108A.  —  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 

Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  Thereof. 

Sect.  21  amended,  1934,  373  §  5. 


1324  Changes  in  the  [Chaps,  iioa,  ill. 


Chapter  llOA.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  inserted,  1932,  290  §  1.  (See  1932, 
290   §§  3,  4.) 

The  following  references  are  to  the  new  chapter  llOA: 

Sect.  2,  paragraph  (a)  revised,  1939,  442  §  4;  paragraph  (c)  amended, 
1936,  316;   1938,  445  §  2;  paragraph  (/)  revised,  1938,  445  §  3. 

Sect.  4,  paragraph  (g)  revised,  1938,  445  §  4;  paragraph  (j)  added, 
1938,  445  §  5. 

Sect.  5,  paragraph  inserted  before  the  last  paragraph,  1938,  445  §  6. 

Sect.  9,  last  sentence  stricken  out,  1938,  445  §  7. 

Sect.  10,  fourth  sentence  stricken  out  and  two  new  sentences  inserted, 
1938,  445  §  8. 

Sect.  IIA  added,  1938,  445  §  9  (regulating  the  sale  by  a  corporation 
of  its  securities  to  employees).  [For  prior  legislation,  see  General  Laws, 
chapter  155  §  23A,  repealed  by  1938,  440  §  13.] 

Sect.  12  revised,  1938,  445  §  10;  last  paragraph  amended,  1939, 
442  §  5. 

Sect.  12A  added,  1938,  445  §  11  (relative  to  the  modifying  or  annul- 
ling by  the  commission  of  orders  or  findings  made  by  the  director  of  the 
securities  division  and  to  review  of  such  action) ;  repealed,  1939,  442  §  6. 

Sect.  13  amended,  1936,  68. 

Sect.  18  revised,  1938,  445  §  12. 

Chapter  111.  — Public  Health. 

Sect.  1,  paragraph  added  at  end,  1938,  265  §  6. 

Sect.  5,  paragraph  added  at  end,  1941,  388. 

Sect.  5A  added,  1941,  612  (relative  to  the  preparation  and  distribu- 
tion by  the  department  of  public  health  of  products  applicable  to  the 
prevention  or  cure  of  diseases  of  man). 

Sect.  6  revised,  1938,  265  §  7. 

Sect.  11  revised,  1934,  328  §  1. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  24  amended,  1937,  365;  revised,  1939,  234. 

Sect.  27A  revised,  1932,  209. 

Sect.  31  amended,  1937,  285. 

Sect.  31A  stricken  out,  and  new  sections  31A  and  31B  inserted,  1937, 
282. 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34, 
repealed,  1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  65A  amended,  1936,  346  §  1;    1941,  506.     (See  1936,  346  §  2.) 

Sect.  66  amended,  1934,  219.     (See  1936,  346  §  2.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 

PREMATURELY  BORN",   1937,  332. 

Sect.  67 A  revised,  1939,  246  §  1. 
Sect.  67C  revised,  1939,  246  §  2. 


Ghap.  iii.J  General  Laws.  1325 

Sect.  69 A  amended,  1936,  337  §  1. 
Sect.  69C  amended,  1936,  337  §  2. 
Sect.  70  amended,  1941,  194  §  5,  389  §  1. 

Sects.  71-73  stricken  out,  and  sections  71-72A  and  73  inserted,  1941, 
661  §  1.     (See  1941,  661  §  2.) 
Sect.  74  amended,  1941,  72. 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  Win- 
throp),  1934,  78. 

Sect.  78.     See  1935,  52. 
Sect.  79  revised,  1936,  343. 

Sect.  83 A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the 
operation  of  vehicles  owned  by  such  districts);    amended,  1934,  291 
§  5.    (See  1933,  318  §  9;   1934,  291  §  6.) 
Sect.  85A  revised,  1932,  65. 
Sect.  88.     (See  1941,  616  §  1.) 
Sect.  96  revised,  1938,  265  §  8. 

Sect.  96A  added,  1938,  265  §  9  (regulating  the  transportation  to 
another  town  of  a  person  infected  with  a  disease  dangerous  to  public 
health). 

Sect.  97  revised,  1938,  265  §  10. 
Sect.  104  revised,  1938,  265  §  11. 
Sect.  107  revised,  1938,  265  §  12. 
Sect.  109  revised,  1938,  265  §  13. 

Sect.  109 A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth). 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 
Sect.  Ill  revised,  1938,  265  §  14. 
Sect.  112  amended,  1938,  265  §  15. 
Sect.  113  revised,  1938,  265  §  16. 
Sect.  116.     See  1939,  454  §  21. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 
Sect.  117  revised,  1935,  155;   1937,  391. 
Sect.  118  amended,  1933,  44. 

Sect.  121A  added,  1939,  407  (requiring  a  serological  test  for  syphilis 
of  pregnant  women). 

Sect.  127  revised,  1937,  339. 
Sect.  141  revised,  1937,  278. 
Sect.  143  revised,  1933,  269  §  2. 

Sect.  154  amended,  1934,  340  §  9.     (See  1934,  340  §  18.) 
Sect.  173 A  added,  1938,  293  (extending  the  jurisdiction  of  certain 
police  officers  employed  to  protect  public  sources  of  water  supply  from 
pollution). 

Sect.  175  revised,  1941,  353. 
Sects.  176-180  repealed,  1938,  265  §  17. 

Sect.  184A  added,  1939,  344  (authorizing  the  state  department  of 
public  health  to  issue  certificates  of  approval  relative  to  bacteriological 
laboratories). 


1326  Changes  in  the  [Chap.  112. 


Chapter  112.  —  Registration  of  Certain  Professions  and  Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;  three 
paragraphs  added  at  end  of  section,  1936,  247  §  2;  section  amended, 
1938,  210;  paragraph  added  at  end,  1939,  415  §  1;  section  revised,  1939, 
451  §  37;  amended,  1941,  722  §  9.  Affected,  1938,  259.  (See  1933, 
171  §  2;  1936,  247  §§  3-6;  1939,  415  §§  3,  4.) 
Sect.  5  revised,  1937,  425  §  12.  (See  1937,  425  §  15.) 
Sect.  9  revised,  1933,  152. 

Sect.  13  amended,  1937,  425  §  2.     (See  1937,  425  §  15.) 
Sect.  14  amended,  1937,  425  §  3.     (See  1937,  425  §  15.) 
Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 
Sect.  16  revised,  1937,  425  §  5.     (See  1937,  425  §  15.) 
Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 
Sect.  17A  added,  1937,  425  §  7  [defining  certain  duties  of  the  board 
of  registration  in  chiropody  (podiatry)].     (See  1937,  425  §  15.) 
Sect.  18  amended,  1937,  425  §  8.     (See  1937,  425  §  15.) 
Sect.  19  amended,  1937,  425  §  9.     (See  1937,  425  §  15.) 
Sect.  20  amended,  1937,  425  §  10.     (See  1937,  425  §  15.) 
Sect.  21  amended,  1937,  425  §  11.     (See  1937,  425  §  15.) 
Sect.  23  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 
Sect.  24  amended,  1932,  227;    1933,  126;    1937,  343  §  1;    revised, 
1941,  52  §  1.     (See  1941,  52  §  2.) 
Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 
Sect.  30  amended,  1937,  343  §  3. 
Sect.  32  amended,  1934,  328  §  3. 
Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;  1935,  306;  1937,  343  §  4. 
Sect.  36  revised,  1934,  328  §  6. 
Sect.  38  revised,  1934,  236. 
Sect.  39  amended,  1939,  138. 
Sect.  40  amended,  1934,  328  §  6A;  1937,  343  §  5. 
Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 
and  pharmacy). 

Sect.  45,  second  sentence  amended,  1932,  180  §  18;  paragraph  added 
at  end,  1939,  415  §  2.     (See  1939,  415  §  3.) 
Sect.  46,  clause  Third  amended,  1934,  108. 
Sect.  50  amended,  1935,  344. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hygienists). 
Sect.  52A  revised,  1937,  253. 

Sect.  55  amended,  1937,  66;  revised,  1939,  251  §  1.    (See  1939,  251 
§§  2,  3,  4.) 

Sects.  60A-60J    added   under   caption    "registration    of   archi- 
tects", 1941,  696  §  2.    (See  1941,  696  §§  3,  4.) 

Sects.  66-73  stricken  out,  and  new  sections  66-73  inserted,  1934, 
339  §  2. 

Sect.  72  amended,  1938,  434  §  1.     (See  1938,  434  §  4.) 
Sect.  73  amended,  1938,  434  §  2.     (See  1938,  434  §  4.) 
Sect.  73 A  added,  1937,  287  §  1  (regulating  advertising  in  connection 
with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).    (See  1937,  287 
§2.) 


Chap.  112.]  GENERAL  LawS.  1327 

Sect.  73B  added,  1938,  434  §  3  (further  regulating  optometrists  with 
respect  to  premises  where  practice  may  be  carried  on  and  to  the  sharing 
of  their  fees).     (See  1938,  434  §  4.) 

Sects.  74-81  stricken  out,  and  new  sections  74-81C  added,  1941, 
620  §  3.     (See  1941,  620  §§  1,  4-12.) 

Sects.  81A-81Q  inserted  under  caption  "registration  of  profes- 
sional  ENGINEERS   AND    OF   LAND    SURVEYORS",    1941,    643    §   2.       (ScB 

1941,  643  §§  3-5.) 

Sect.  81A,  as  so  inserted,  amended  and  renumbered  81D,  1941, 
722  §  9A. 

Sect.  81L  amended,  1941,  722  §  9B. 

Sects.  81B-81Q,  inclusive,  inserted  by  1941,  643  §  2,  renumbered 
81E-81T,  inclusive,  1941,  722  §  9C. 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
BALMERs  AND  FUNERAL  DIRECTORS",  1936,  407  §  3.  (See  1936,  407 
§§  5-8.) 

Sect.  82,  definition  of  "Funeral  directing",  revised,  1939,  160  §  1. 

Sect.  83,  third  paragraph  amended,  1939,  160  §  4. 

Sect.  85  amended,  1941,  232. 

Sect.  87  amended,  1937,  13;  1939,  160  §  2. 

Sects.  87F-87S.    See  1937,  184. 

Sect.  87F,  paragraph  contained  in  hues  4-9  revised,  1934,  260  §  1. 

Sect.  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;  second  paragraph  amended,  1937,  94;  same 
paragraph  revised,  1941,  619  §  1.    (See  1941,  619  §  2.) 

Sect.  871  amended,  1936,  314  §  2. 

Sect.  87K,  paragraph  added  at  end,  1936,  314  §  3. 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.     (See  1933,  149  §  3.) 

Sect.  87P  amended,  1934,  260  §  3. 

Sect.  87R  amended,  1936,  314  §  5. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair- 
dressers", 1935,  428  §  2.     (See  1935,  428  §§  6,  7.) 

Sect.  87T,  definition  of  "Apprentice"  stricken  out  and  definition  of 
"Instructor"  added,  1941,  626  §  1;  definition  of  "shop"  revised, 
1941,  626  §  2. 

Sect.  87U  amended,  1937,  385  §  2;  revised,  1941,  626  §  3. 

Sect.  87V  amended,  1937,  385  §  3;  revised,  1941,  626  §  4. 

Sect.  87W  amended,  1937,  385  §  4;  revised,  1941,  626  §  5. 

Sect.  87X  revised,  1941,  626  §  6. 

Sect.  87Z  amended,  1937,  385  §  5. 

Sect.  87 AA  revised,  1941,  626  §  7. 

Sect.  87BB  amended,  1937,  385  §  6. 

Sect.  87CC  revised,  1941,  626  §  8. 

Sect.  87EE  revised,  1937,  385  §  7. 

Sect.  87GG  revised,  1941,  626  §  9. 

Sect.  87II  amended,  1937,  385  §  8;  revised,  1941,  626  §  10. 

Sect.  87JJ  revised,  1941,  626  §  11. 

Sect.  88,  clause  (3)  amended,  1941,  626  §  13. 


1328  Changes  in  the  [Chaps.  113-117. 

Chapter  113.  —  Promotion  of  Anatomical  Science. 

Sect.  1  amended,  1941,  351  §  7. 

Chapter  114.  —  Cemeteries  and  Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 

Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 

Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 

Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 

Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 

Sect.  25  amended,  1934,  85  §  1.     (See  1934,  85  §  2.) 

Sects.  43A-43N  added,  under  caption  "miscellaneous  provisions", 

1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 

cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 

(See  1936,  319  §  7.) 
Sect.  49  revised,  1936,  407  §  4;   last  paragraph  amended,  1939,  160 

§  3.     (See  1936,  407  §§  5-8.) 

Chapter  115.  —  State  and  Military  Aid,  Soldiers'   Relief,  etc. 

For  legislation  providing  for  payments  for  the  benefit  of  soldiers  and 
sailors  serving  in  the  present  war,  see  1942,  11. 

Sect.  2A  added,  1932,  113  (requiring  the  furnishing  of  information 
to  the  commissioner  of  state  aid  and  pensions  by  certain  banks  and 
other  depositories  relative  to  certain  deposits  therein). 

Sect.  7  amended,  1937,  273  §  1;  revised,  1938,  316  §  1. 

Sect.  12A  added,  1933,  363  (making  certain  Massachusetts  veterans 
receiving  hospital  treatment  outside  the  commonwealth  eligible  to 
receive  military  aid). 

Sect.  15  amended,  1932,  106. 

Sect.  17,  first  paragraph  amended,  1936,  77;  1939,  295;  paragraph 
added,  1932,  63. 

Sect.  18,  sentence  added  at  end  of  first  paragraph,  1933,  323;  para- 
graph added  at  end,  1932,  270. 

Sect.  19  amended,  1932,  250;  1934,  336  §  1;  1937,  273  §  2;  revised, 
1938,  316  §  2. 

Sect.  20  amended,  1932,  251;  1934,  336  §  2. 

Chapter  116.  —  Settlement. 

Sect.  2  revised,  1933,  213. 

Chapter   117. — Support  by  Cities  and  Towns. 

Sect.  1  amended,  1934,  124. 

Sect.  2 A  added,  1933,  181  (authorizing  local  boards  of  public  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  public 
view  while  applying  for  public  relief  and  support). 

Sect.  3B  added,  1939,  127  (prohibiting  local  boards  of  pubHc  welfare 
from  making  the  institution  of  ejectment  proceedings  a  prerequisite  to 
the  payment  by  them  of  rent  owed  for  dwellings  by  certain  persons  on 
welfare  relief). 


Chaps.  118,  118A.]  GENERAL  LawS,  1329 

Sect.  5  amended,  1937,  125. 

Sect.  6  revised,  1936,  108. 

Sect.  6 A  added,  1938,  211  (preventing  discrimination  against  certain 
persons  with  respect  to  the  payment  of  welfare  rehef). 

Sect.  13,  new  sentence  added  at  end,  1941,  608. 

Sect.  14  revised,  1937,  113;  amended,  1938,  275;  1939,  39  §  1.    (See 
1939,  39  §  2.) 
•    Sect.  16  repealed,  1936,  328. 

Sect.  17  amended,  1939,  370;   1941,  351  §  8.    (See  1939,  454  §  21.) 

Sect.  18  amended,  1934,  45;  1938,  425;  revised,  1941,  351  §  9.  (See 
1939,  454  §  21.) 

Sect.  18A  added,  1938,  465  (relative  to  the  payment  by  cities  and 
towns  of  the  expense  of  the  funeral  and  burial  of  certain  poor  and  in- 
digent persons). 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  21  amended,  1941,  196. 

Sect.  24  revised,  1935,  164. 

Sect.  35  amended,  1932,  180  §  19. 

Sects.  44-46  added,  1938,  476  (authorizing  the  establishment  of  pub- 
lic welfare  districts  in  cities  and  towns). 

Chapter  118.  —  Aid  to  Dependent  Children   (former  title,  Aid  to  Mothers 
with  Dependent   Children). 
The  following  reference  is  to  chapter  118,  as  appearing  in  the  Tercente- 
nary Edition: 

Sect.  1  revised,  1935,  494  §  2.     (See  1935,  494  §  1.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1936, 
413   §   1.      (See  1936,  413   §  2.) 

The  following  references  are  to  chapter  118,  as  inserted  by  1936,  413  §  1: 

Sect.  1  amended,  1939,  487. 

Sect.  2  amended,  1941,  593  §  1. 

Sect.  5  revised,  1941,  593  §  2. 

Sect.  6  revised,  1941,  405.     (See  1939,  454  §  21.) 

Sect.  8  revised,  1939,  248. 

Chapter  118A.  —  Adequate  Assistance  to  Certain  Aged  Citizens. 

The  following  references  are  to  chapter  118A,  as  appearing  in  the 
Tercentenary  Edition: 

Sect.  1  amended,  1933,  219;  revised,  1933,  328;  amended,  1935,  494 
§  3.    (See  1934,  374  §  3  subsection  15;   1935,  494  §  1.) 

Sect.  2A  added,  1933,  285  (providing  for  appeals  by  persons  ag- 
grieved by  failure  of  cities  and  towns  to  render  old  age  assistance). 

Sect.  3  revised,  1932,  259  §  3. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

The  following  references  are  to  chapter  118A,  as  inserted  by  1936,  436  §  1: 

Sect.  1  amended,  1937,  440  §  1;  last  sentence  amended,  1938,  274; 
section  revised,  1941,  729  §  1.     (See  1941,  729  §  15.) 

Sect.  2  revised,  1937,  440  §  2;  amended,  1941,  597  §  1;  revised,  1941, 
729  §  2.     (See  1941,  729  §  15.) 

Sect.  2 A  added,  1941,  729  §  3  (relative  to  the  Habihty  of  children  to 
contribute  to  the  support  of  aged  parents).    (See  1941,  729  §  15.) 


1330  Changes  in  the  [Chaps.  119-121. 

Sect.  3  revised,  1937,  440  §  3;  last  sentence  revised,  1938,  285;  sec- 
tion"revised,  1939,  481. 

Sect.  4  amended,  1938,  467;  amended,  1941,  729  §  4.  (See  1941,  729 
§§  14,  15.) 

Sect.  4 A  added,  1941,  729  §  5  (making  a  recipient  of  old  age  assist- 
ance liable  to  repay  the  same  in  certain  cases).    (See  1941,  729  §  15.) 

Sect.  5  revised,  1938,  408;  amended,  1941,  729  §  6.  (See  1941,  729 
§  15.) 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance);  amended,  1941,  729  §  7.    (See  1941,  729  §  15.) 

Sect.  8  amended,  1941,  729  §  8.     (See  1939,  454  §  21;    1941,  729 

§15.) 

Sect.  10  revised,  1941,  597  §  2. 

Sect.  11  added,  1941,  729  §  10  (estabhshing  the  old  age  assistance 
fund).     (See  1941,  729  §§  9,  9A,  15.) 

Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

Sect.  1  revised,  1941,  629  §  1. 

Sect.  2  revised,  1941,  629  §  2. 

Sect.  6  revised,  1941,  629  §  3. 

Sect.  9  amended,  1941,  629  §  4. 

Sect.  10  amended,  1941,  629  §  5. 

Sect.  12  revised,  1932,  180  §  20. 

Sect.  14  revised,  1941,  629  §  6. 

Sect.  22  amended,  1941,  351  §  10. 

Sect.  28  amended,  1941,  629  §  7. 

Sect.  29  amended,  1941,  629  §  8. 

Sect.  58,  paragraph  inserted  after  third  paragraph,  1941,  264  §  1. 

Sect.  58A  amended,  1941,  194  §  6;  revised,  1941,  327. 

Sect.  59,  second  paragraph  stricken  out,  1941,  648  §  1. 

Sect.  60  stricken  out  and  new  sections  60  and  60A  inserted,  1938, 
174  §  1  (relative  to  the  use  of  information  and  records  in  cases  of  way- 
wardness or  delinquency). 

Sect.  63  revised,  1932,  95  §  1. 

Sect.  65  amended,  1932,  95  §  2. 

Sect.  66  revised,  1941,  648  §  2. 

Sect.  67  amended,  1941,  648  §  3. 

Sect.  74  amended,  1933,  196  §  1. 

Sect.  75  amended,  1933,  196  §  2. 

Chapter  120.  —  Massachusetts  Training  Schools. 

Sect.  21,  first  sentence  amended,  1932,  180  §  21. 

Chapter  121.  —  Powers  and  Duties  of  the  Department  of  Public  Welfare, 
and  the  Massachusetts  Hospital  School. 

For  legislation  relative  to  the  Federal  Surplus  Commodity  Stamp 
Plan,  so  called,  see  1941,  65,  92,  634;   1942,  9,  17. 

Sect.  4 A  added,  1941,  630  §  3  (relative  to  information  concerning 
recipients  of  old  age  assistance  and  aid  to  dependent  children). 

Sect.  6  amended,  1941,  351  §  11. 


Chap.  122.]  GENERAL  LawS.  1331 

Sect.  7  amended,  1941,  351  §  12;  revised,  1941,  404. 

Sect.  8 A  added,  1935,  311  §  2  (relative  to  funds  received  by  the 
director  of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under 
the  care  and  supervision  of  the  department);  revised,  1941,  523. 

Sect.  8B  added,  1941,  618  (relative  to  the  disposition  of  certain  un- 
claimed moneys  held  by  the  division  of  child  guardianship  for  the  bene- 
fit of  certain  wards  thereof). 

Sect.  9  amended,  1941,  351  §  13. 

Sect.  9A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons). 

Sect.  12  amended,  1941,  351  §  14. 

Sect.  13  amended,  1941,  351  §  15. 

Sect.  15  amended,  1941,  351  §  16. 

Sect.  23  (and  caption)  amended,  1933,  364  §  2;   section  amended, 

1935,  449  §  2;  revised,  1935,  475  §  3.    (See  1933,  364  §  8.) 
Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds). 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of 
housing  to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate 
with  the  United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.    (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;  amended, 

1936,  211  §  6.    (See  1933,  364  §  8;   1936,  211  §  7.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)     (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935,  449  §  3. 

Sects.  26I-26BB,  under  caption  "housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and  dis- 
continuance, of  local  housing  authorities);  sections  26I-26BB  stricken 
out  and  new  sections  26I-26II  inserted,  1938,  484  §  1  (to  relate  the 
Massachusetts  Housing  Authority  Law  to  the  United  States  Housing 
Act  of  1937.    (See  1938,  484  §  2;   1941,  269  §  2;    1941,  317.) 

Sect.  26AA,  clause  {d)  stricken  out  and  new  clauses  {d)  and  (e)  in- 
serted, 1941,  269  §  1. 

Sect.  26BB,  amended,  1941,  291. 

Sect.  26Q,  subsection  (c)  added,  1935,  485  §  2  (authorizing  local 
housing  authorities  to  take  land  by  eminent  domain  in  order  to  aid  or 
co-operate  with  the  United  States  with  respect  to  federal  housing 
projects). 

Sect.  26DD  revised,  1939,  26.       . 

Sect.  27  repealed,  1933,  364  §  7. 

Sect.  39  amended,  1941,  351  §  17. 

Sect.  40  amended,  1941,  656  §  13.     (See  1941,  656  §  17.) 

Sect.  42  amended,  1932,  180  §  22;   1941,  406. 

Chapter  122.  —  Tewksbury  State  Hospital  and  Infirmary  (former  title,  State 

Infirmary). 

Title  revised,  1941,  351  §  18. 

Name  of  State  Infirmary  changed  to  Tewksbury  State  Hospital  and 
Infirmary,  1939,  272  §  1. 


1332  Changes  in  the  [Chap.  123. 

Sect.  1  amended,  1941,  351  §  19;  revised,  1941,  596  §  25. 

Sect.  2  amended,  1941,  351  §  20. 

Sect.  2A  amended,  1941,  351  §  21. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmaiy  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients). 

Sect.  2B  amended,  1941,  351  §  22. 

Sect.  2C  amended,  1941,  351  §  23. 

Sect.  2D  revised,  1941,  351  §  24. 

Sect.  2E  revised,  1941,  351  §  25. 

Sect.  3  amended,  1941,  351  §  26.        • 

Sect.  4  amended,  1941,  351  §  27. 

Sect.  5  amended,  1941,  351  §  28. 

Sect.  6  amended,  1933,  345;   1941,  351  §  29. 

Sect.  8  amended,  1941,  351  §  30. 

Sect.  10  amended,  1941,  351  §  31. 

Sect.  13  amended,  1941,  351  §  32. 
.    Sect.  14  amended,  1941,  351  §  33. 

Sect.  15  amended,  1936,  325;   1941,  351  §  34. 

Sect.  16  amended,  1941,  351  §  35. 

Sect.  17  amended,  1941,  351  §  36. 

Sect.  18  amended,  1936,  378;  1941,  351  §  37;  revised,  1941,  412. 
(See  1939,  454  §  21.) 

Sect.  20  amended,  1941,  351  §  38. 

Sect.  20A  added,  1941,  201  (penalizing  the  unlawful  possession, 
handling  or  consumption  of  certain  things  by  inmates  of  said  hospital 
and  infirmary). 

Sect.  23  amended,  1941,  351  §  39. 

Sect.  24  revised,  1941,  191. 


Chapter  123.  —  Commitment  and  Care  of  the  Insane  and  Other  Mental 

Defectives. 

For  legislation  relative  to  the  establishment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421;  1939,  485; 
1941,  194  §§  20,  21,  722  §§  12,  13. 

Sect.  1,  definition  of  "commissioner"  and  "department"  revised, 
1938,  486  §  7.     (See  1938,  486  §§  1,  21,  22.) 

Sect.  4  revised,  1938,  486  §  8.     (See  1938,  486  §§  21,  22.) 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
state  hospitals). 

Sect.  10  amended,  1941,  490  §  25. 

Sect.  13  revised,  1936,  286. 

Sect.  15  amended,  1941,  656  §  14.     (See  1941,  656  §  17.) 

Sect.  16  revised,  1938,  486  §  9;  amended,  1939,  500  §  1.  (See  1938, 
486  §§  21,  22.) 

Sect.  16A  amended,  1938,  486  §  10.     (See  1938,  486  §§  21,  22.) 

Sect.  19  repealed,  1935,  163. 

Sect.  22  revised,  1941,  351  §  40,  706. 

Sect.  22A  amended,  1941,  194  §  7. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4.     (See  1935,  421  §  6.) 


Chap.  123.]  GENERAL   LaWS.  ■  1333 

Sect.  26  repealed,  1938,  486  §  11. 

Sect.  28  revised,  1938,  486  §  12.     (See  1938,  486  §§  20-22.) 

Sect.  29  revised,  1938,  486  §  13.     (See  1938,  486  §§  21,  22.) 

Sect.  30  revised,  1938,  486  §  14.     (See  1938,  486  §§  21,  22.) 

Sect.  31  revised,  1938,  486  §  15.     (See  1938,  486  §§  21,  22.) 

Sect.  32  revised,  1933,  115;  1938,  486  §  16.    (See  1938,  486  §§  21,  22.) 

Sect.  36  revised,  1939,  500  §  12. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1. 

Sect.  39 A  amended,  1936,  291  §  2. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 
belongings  at  certain  state  hospitals,  known  as  ''patients'  valuables"); 
revised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals) ;  revised,  1936,  291  §  4. 

Sect.  40  amended,  1939,  500  §  13. 

Sect.  43  repealed,  1939,  500  §  2. 

Sect.  45  amended,  1938,  486  §  17.     (See  1938,  486  §§  21,  22.) 

Sect.  46  amended,  1938,  486  §  18.     (See  1938,  486  §§  21,  22.) 

Sect.  47  revised,  1938,  486  §  19.     (See  1938,  486  §§  21,  22.) 

Sect.  50  revised,  1935,  314  §  4. 

Sect.  52  amended,  1932,  85. 

Sect.  53  revised,  1941,  645  §  1. 

Sect.  56  repealed,  1939,  500  §  4. 

Sect.  62  amended,  1941,  655  §  1. 

Sect.  66,  paragraph  added  at  end,  1939,  500  §  6. 

Sect.  66A  amended,  1941,  194  §  8. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5;  section  revised,  1939, 
500  §  5. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  revised,  1935,  314  §  7;  section  revised,  1939, 
500  §  7;  amended,  1941,  216  §  1;  revised,  1941,  645  §  2. 

Sect.  80  amended,  1939,  500  §  8. 

Sect.  82  amended,  1939,  500  §  9. 

Sect.  84  revised,  1941,  481;  amended,  1941,  490  §  26;  revised,  1941, 
722  §  10. 

Sect.  86  amended,  1935,  314  §  8;  revised,  1939,  500  §  10. 

Sect.  87  amended,  1939,  500  §  11. 

Sect.  89  revised,  1941,  216  §  3. 

Sect.  89A  amended,  1941,  194  §  9. 

Sect.  89B  amended,  1938,  254  §  1;  1941,  194  §  10. 

Sect.  90,  first  sentence  amended,  1932,  180  §  23. 

Sect.  96  amended,  1941,  351  §  41;  third  paragraph  revised,  1941, 
398. 

Sect.  lOOA  amended,  1941,  194  §  11. 

Sect.  102  revised,  1934,  15;  paragraph  added  at  end,  1938,  226;  sec- 
tion amended,  1941,  344  §  3. 

Sect.  105  revised,  1936,  130;  last  paragraph  amended,  1939,  54;  1941, 
216  §  2. 

Sect.  110  amended,  1937,  136. 
Sect.  113  amended,  1941,  194  §  12. 
Sect.  117  amended,  1941,  655  §  2. 


1334  Changes  in  the  [Chaps.  124-127. 

Sect.  117 A  added,  1936,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments  for 
defective  deUnquents). 

Sect.  118  revised,  1938,  254  §  2. 

Sect.  119  revised,  1938,  254  §  3. 

Chapter  124.  —  Powers  and  Duties  of  the  Department  of  Correction. 

Sect.  1  amended,  1939,  451  §  38;  1941,  344  §  4. 

Sect.  5  amended,  1941,  344  §  5. 

Sect.  6  amended,  1936,  23  §  2;  1939,  451  §  39. 

Sect.  7  amended,  1939,  451  §  40. 

Sect.  8  amended,  1935,  48  §  1.     (See  1935,  48  §  2.) 

Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  2  amended,  1941,  344  §  6. 

Sect.  3  amended,  1941,  344  §  7. 

Sect.  4  amended,  1932,  282  §  3;  1941,  344  §*8. 

Sect.  4A  added,  1939,  360  §  1  (changing  the  minimum  age  require- 
ment for  appointment  of  correction  officers  at  certain  state  penal  and 
reformatory  institutions).     (See  1939,  238  §  50.) 

Sect.  10  revised,  1937,  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1.     (See  1935,  437  §  8.) 

Sect.  13  amended,  1936,  276;  1939,  360  §  2. 

Sect.  30  amended,  1932,  180  §  24. 

Sects.  39-41  (and  heading  before  said  section  39)  repealed,  1941, 
344  §  9. 

Sect.  46  repealed,  1941,  596  §  26. 

Sect.  49  revised,  1936,  125. 

Chapter  126.  —  Jails,  Houses  of  Correction  and  Reformation,  and  County 

Industrial  Farms. 

Sect.  16  revised,  1937,  219  §  6. 
Sect.  37  amended,  1936,  228. 

Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 

Paroles  and  Pardons. 

For  legislation  providing  for  the  disposition  of  certain  prisoners  con- 
fined in  the  prison  camp  and  hospital  prior  to  its  discontinuance,  see 
1935,  111. 

Sect.  1  revised,  1941,  490  §  27. 

Sect.  2  amended,  1941,  344  §  10. 

Sect.  10  amended,  1936,  23  §  3;  1941,  656  §  15.    (See  1941,  656  §  17.) 

Sect.  11  revised,  1941,  344  §  11. 

Sect.  12  amended,  1941,  344  §  12. 

Sect.  14  amended,  1939,  200. 

Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1;  section  amended, 
1941,  344  §  13. 

Sect.  17  revised,  1933,  77  §  2. 
•     Sect.  18  amended,  1933,  77  §  3. 

Sect.  23  amended,  1941,  69. 


Chap.  127.]  GENERAL   LaWS.  1335 

Sect.  35  amended,  1941,  344  §  14. 

Sect.  36  revised,  1941,  237  §  1. 

Sect.  37  revised,  1941,  237  §  2. 

Sect.  50  revised,  1941,  344  §  15. 

Sect.  51  amended,  1941,  344  §  16. 

Sect.  67A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 
goods).    (See  1932,  252  §  2.) 

Sect.  71  revised,  1941,  344  §  17. 

Sect.  72  amended,  1941,  344  §  18;  revised,  1941,  436  §  1.  (See  1941, 
436  §  2.) 

Sect.  78  and  sections  79-82  (and  heading  preceding  said  section  79) 
repealed,  1941,  344  §  19. 

Sect.  84  amended,  1941,  490  §  28. 

Sect.  87  amended,  1941,  344  §  20. 

Sect.  90A  revised,  1938,  65. 

Sect.  96  amended,  1941,  351  §  42. 

Sects  96A  and  96B  added,  1936,  383  (providing  for  the  disposition  of 
unclaimed  money  and  property  of  former  prisoners). 

Sect.  109  repealed,  1941,  344  §  21. 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison). 
(See  1935,  113  §  2.) 

Sect.  lUA  added,  1933,  169  (relative  to  transfers  of  defective  de- 
linquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  117  revised,  1941,  510  §  1. 

Sect.  118  revised,  1938,  456;  amended,  1941,  351  §  43;  revised,  1941, 
510  §  2. 

Sect.  123  amended,  1941,  510  §  3. 

Sect.  127  amended,  1938,  71;  1941,  70;  1941,  690  §  5A.  (See  1941, 
690  §§  8-10.) 

Sect.  128  amended,  1939,  451  §  41;  revised,  1941,  690  §  1.  (See  1941, 
690  §§  8-10.) 

Sect.  129  revised,  1937,  399  §  2.     (See  1937,  399  §§  3-6.) 

Sects.  129-139  stricken  out  and  new  sections  129-136  and  136A  in- 
serted, 1941,  690  §  2.     (See  1941,  690  §§  8-10.) 

Sect.  130  revised,  1938,  264  §  1;  amended,  1941,  277.  (See  1938, 
264  §  2.) 

Sect.  131  amended,  1939,  451  §  42. 

Sect.  132  amended,  1939,  451  §  43. 

Sect.  133  revised,  1933,  134  §  1;  amended,  1939,  451  §  44.  (See 
1933,  134  §  2.) 

Sect.  135  amended,  1939,  451  §  45. 

Sect.  136  amended,  1939,  451  §  46. 

Sect.  137  amended,  1939,  451  §  47;  repealed,  1941,  344  §  22. 

Sect.  137A  amended,  1939,  451  §  48. 

Sect.  138  amended,  1939,  451  §  49. 

Sect.  139  amended,  1939,  451  §  50;  revised,  1941,  344  §  23. 

Sect.  141  amended,  1941,  174  §  1. 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  149  amended,  1939,  451  §  51;  revised,  1941,  174  §  2;  amended, 
1941,  690  §  3.     (See  1941,  690  §§  8-10.) 


1836  Changes  in  the  IChaps.  128,  i28A. 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  probationers  and  parolees",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).     (See  1937,  307  §  2.) 

Sect.  152  revised,  1939,  479;  fourth  paragraph  amended,  1941,  297. 

Sect.  154  amended,  1939,  451  §  52;  revised,  1941,  690  §  4.  (See  1941, 
690  §§  8-10.) 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  advisory 
board  of  pardons  of  the  cases  of  certain  life  prisoners  on  the  question  of 
extending  clemency) ;  amended,  1939,  451  §  53. 

Sect.  158  revised,  1941,  344  §  24. 

Sect.  160  revised,  1941,  344  §  25. 

Sects.  166-169  added,  1939,  484  (regulating  the  payment  or  receipt 
of  money  or  other  rewards  or  gratuities  for  the  purpose  of  obtaining  the 
granting  of  any  pardon,  parole,  or  commutation  of  or  respite  from 

Sects.  166  and  167  revised,  1941,  690  §  5.     (See  1941,  690  §§  8-10.) 

Chapter   128.  —  Agriculture. 

Sect.  1  amended,  1941,  490  §  29. 

Sect.  2,  paragraph  (a)  revised,  1941,  490  §  30;  paragraph  (/) 
amended,  1937,  415  §  1;  1938,  230;  paragraph  (g)  added,  1933,  291  §  1; 
same  paragraph  repealed,  1941,  598  §  3. 

Sect.  6  amended,  1933,  291  §  2;   1941,  598  §  4. 

Sect.  10  amended,  1934,  340  §  10.     (See  1934,  340  §  18.) 

Sect.  13  amended,  1934,  340  §  11.     (See  1934,  340  §  18.) 

Sects.  16-31A  affected,  1939,  405. 

Sect.  16  amended,  1941,  490  §  32.      . 

Sect.  22  amended,  1941,  490  §  33. 

Sect.  23  amended,  1941,  490  §  34. 

Sect.  24A  added,  1939,  136  (providing  for  the  control  of  the  dutch 
elm  disease). 

Sect.  27  revised,  1938,  309. 

Sect.  39  repealed,  1933,  74  §  2. 

Sect.  42  revised,  1932,  166. 

Chapter  128A.  —  Horse  and  Dog  Racing  Meetings. 

New  chapter  inserted,  1934,  374  §  3. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;  clause  (c)  amended, 
1941,  382;  clause  (e)  revised,  1939,  505  §  1;  clause  (/)  amended,  1935, 
454  §  3;  clause  (h)  amended,  1935,  454  §  4;  clause  (i)  revised,  1939, 
505  §  2;  clause  {n)  added,  1935,  239  (forbidding  the  hcensed  racing  of 
horses  and  dogs  under  the  pari-mutuel  system  of  betting,  on  publicly 
owned  premises);  clause  (n)  added,  1935,  471  §  1  (forbidding  the  li- 
censed racing  of  dogs  under  such  system,  in  certain  residential  neigh- 
borhoods); designation  of  the  clause  added  by  1935,  471  §  1  changed 
from  (n)  to  (o),  1936,  405  §  3.    (See  1935,  471  §  2;   1939,  505  §  3.) 

Sect.  4,  last  paragraph  revised,  1939,  356. 


Chap.  129.]  GENERAL    LawS.  1337 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1 ;  second  and  third  para- 
graphs revised,  1936,  351;  third  paragraph  revised,  1939,  473;  last 
paragraph  amended,  1939,  497. 

Sect.  9,  last  paragraph  revised,  1935,  454  §  5. 

Sect.  9A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  b}^  the  state  racing  commission). 

Sect.  10  revised,  1936,  268. 

Sect.  13  amended,  1935,  454  §  7. 

Sect.  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter) ; 
revised,  1939,  159;   amended,  1941,  295.     (See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penalizing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings) . 

Sect.  14  revised,  1935,  279  §  2;  1936,  253  §  2;  amended,  1938,  282. 
(See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  system  of  betting  shall  be  permitted);  re- 
pealed, 1936,  253  §  1.    (See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  15  revised,  1936,  436  §  2;  1941,  729  §  12.  (See  1936,  436  §  4; 
1941,  729  §  15.) 


Chapter  129.  —  Livestock  Disease  Control  (former  title,  Animal  Industry). 

Title  of  chapter  changed,  1941,  490  §  35. 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic  ani- 
mals") added,  1935,  70.    (See  1934,  340  §  18.) 

Sect.  8A  added,  1941,  375  (establishing  a  scale  of  fees  for  the  inocu- 
lation of  swine  against  hog  cholera) . 

Sect.  10  amended,  1934,  340  §  13.     (See  1934,  340  §  18.) 

Sect.  15  revised,  1941,  162. 

Sect.  26A  revised,  1938,  168;  amended,  1941,  173. 

Sect.  29  amended,  1938,  308. 

Sect.  32  amended,  1939,  451  §  54. 

Sect.  33  amended,  1934,  272. 

Sect.  33B  revised,  1934,  96. 

Sect.  36A  added,  1935,  426  (providing  for  the  licensing  of  certain 
dealers  in  bovine  animals);  repealed,  1941,  607  §  2. 

Sect.  36B  added,  1938,  314  (providing  for  the  vaccination  of  certain 
cattle  to  curtail  the  spread  of  Bang's  disease,  so  called). 

Sect.  36C  added,  1938,  386  (regulating  the  transportation  of  neat 
cattle) ;   repealed,  1941,  607  §  2. 

Sect.  38  revised,  1934,  340  §  14.    (See  1934,  340  §  18.) 

Sects.  39-43  added,  1941,  607  §  1  (to  further  regulate  the  deahng  in 
and  transportation  of  bovine  animals  and  to  prevent  the  spread  of 
disease  among  such  animals). 


1338  Changes  in  the  [Chaps.  129A-131. 


Chapter    129A.  —  Marine    Fish   and    Fisheries,    Inland    Fish   and   Fisheries, 
Birds  and  Mammals,  General  Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "Warden"  revised,  1937,  413  §  2;  definitions 
of  "Coastal  Warden",  "Deputy  Coastal  Warden"  and  "Supervisor", 
revised,  1939,  491  §  11.    (See  1937,  413  §§  3,  4;   1939,  491  §  12.) 

Sect.  10,  sentence  added  at  end,  1941,  171. 

Chapter  129A  repealed  in  part,  1941,  598  §  7;  entirely  repealed,  1941, 
599  §  1.     (See  1941,  598  §  9,  599  §  7.) 

Chapter  130.  —  Marine  Fish  and  Fisheries  (former  title,  Marine  Fish  and 
Fisheries,   including  Crustacea  and  Shellfish). 

The  following  reference  is  to  chapter  130,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  48A  added,  1933,  118  (prohibiting  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  harbor,  Kingston  bay.  Dux- 
bury  bay  and  certain  waters  of  Plymouth  bay). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1933,  329   §  2. 

The  following  references  are  to  chapter  130  as  so  inserted: 

Sect.  3A  added,  1935,  324  (providing  for  state  aid  to  coastal  cities 
and  towns  in  conserving  and  increasing  the  supply  of  shellfish  and  in 
exterminating  the  enemies  thereof). 

Sect.  6B  added,  1934,  115  §  1  (providing  for  the  filing  with  the 
supervisor  of  marine  fisheries  of  copies  of  rules  and  regulations  made 
by  cities  and  towns  under  the  marine  fisheries  laws,  and  for  notifying 
him  of  permits  and  hcenses  issued  under  said  laws).    (See  1934,  115  §  2.) 

Sect.  IIA  added,  1941,  172  (penahzing  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  Harbor,  Kingston  Bay,  Dux- 
bury  Bay  and  certain  waters  of  Plymouth  Bay). 

Sect.  23  amended,  1937,  168. 

Sects.  27A  and  27B  added,  1939,  385  §  1  (relative  to  the  establish- 
ment and  maintenance  of  a  plant  for  the  propagation  of  lobsters).  (See 
1939,  385  §  2.) 

Sect.  41A  added,  1937,  121  (prohibiting,  during  certain  months  of  the 
year,  the  taking  of  edible  crabs  from  the  waters  of  the  commonwealth). 

Sect.  48,  first  paragraph  amended,  1935,  110. 

Sect.  73  amended,  1935,  117. 

Sects.  77,  78,  79  revised,  1937,  246. 

Sect.  84A  added,  1934,  129  (regulating  the  disposition  of  starfish 
caught  in  or  taken  from  the  coastal  waters  of  the  commonwealth). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1941,  598  §   1.     (See  1941,  598  §  9.) 

Chapter  131.  —  Powers  and  Duties  of  the  Division  of  Fisheries  and  Game 
(former  title,  Game  and   Inland  Fisheries). 

The  following  references  are  to  chapter  131,  as  appearing  in  the  Tercen- 
tenary Edition: 

Title  amended,  1933,  329  §  14. 

Sects.  1^  repealed,  1933,  329  §  20. 

Sect.  5  amended,  1932,  272  §  1;  1933,  214  §  1;  1937,  191  §  1. 

Sect.  6  revised,  1932,  272  §  2. 


Chap.  131.]  GENERAL  LavVS.  1339 

Sect.  7  revised,  1932,  272  §  3. 

Sect.  8  revised,  1932,  272  §  4;  new  paragraph  added  (summer  three- 
day  fishing  license),  1934,  156;  same  paragraph  revised,  1938,  121  §  1. 
(See  1938,  121  §  2.) 

Sect.  8A  added,  1933,  214  §  2  (estabUshing  special  fox  hunting  licenses 
for  non-resident  members  and  guests  of  clubs  or  associations  conducting 
fox  hunts). 

Sect.  8B  added,  1937,  191  §  2  (authorizing  the  issuance  to  certain 
officials  of  certain  other  states  of  complimentary  certificates  entitling 
them  to  hunt  and  fish  in  this  commonwealth). 

Sects.  9-11  repealed,  1933,  329  §  20. 

Sect.  12  amended,  1932,  272  §  5;  revised,  1933,  214  §  3. 

Sect.  13  revised,  1933,  329  §  15. 

Sect.  13 A  added,  1941,  159  §  1  (imposing  a  penalty  for  carrying  fire- 
arms, while  intoxicated,  in  places  where  hunting  is  permitted).  (See 
1941,  159  §  2.) 

Sects.  14-24  repealed,  1933,  329  §  20. 

Sect.  24A  added,  1932,  78  (relative  to  the  establishment  in  certain 
brooks  and  streams  of  breeding  areas  for  fish). 

Sect.  25,  paragraph  added  at  end,  1934,  33. 

Sects.  27-34  repealed,  1933,  329  §  20. 

Sect.  42  repealed,  1933,  329  §  20. 

Sect.  43A  added,  1936,  294  (relative  to  fishing  in  ponds  situated 
partly  in  the  commonwealth  and  partly  in  another  state). 

Sect.  44  revised,  1933,  329  §  16. 

Sect.  45,  sentence  added  at  end,  1932,  77. 

Sect.  48  revised,  1936,  69. 

Sect.  49  amended,  1933,  329  §  17. 

Sect.  49A  added,  1937,  123  (establishing  a  close  season  for  fish  with 
respect  to  which  no  close  season  is  otherwise  established  by  law). 

Sects.  52-55  repealed,  1933,  329  §  20. 

Sect.  56  amended,  1934,  51. 

Sect.  57  amended,  1934,  149;  1936,  425  §  1;  1937,  116. 

Sect.  59  revised,  1936,  425  §  2;  1937,  269. 

Sect.  61A  added,  1933,  329  §  18  (regulating  the  taking  of  smelt  in 
great  ponds). 

Sect.  66  amended,  1934,  40. 

Sect.  68  revised,  1935,  120. 

Sect.  73A  added,  1935,  98  (authorizing  the  use  of  certain  traps  for 
the  purpose  of  catching  fish  bait  in  the  inland  waters  of  the  common- 
wealth). 

Sect.  74  revised,  1932,  272  §  6. 

Sect.  77  revised,  1933,  154. 

Sect.  83  revised,  1935,  107. 

Sect.  85  amended,  1932,  28;  1935,  13;  1937,  167. 

Sect.  86A  added,  1932,  60  (authorizing  the  director  of  fisheries  and 
game  to  suspend  or  modify  the  open  season  or  bag  limit  as  to  ruffed 
grouse  and  quail). 

Sect.  87A  added,  1933,  122  (relative  to  the  taking  or  killing  of  water- 
fowl and  other  migratory  birds  in  certain  cases). 

Sect.  92  amended,  1932,  52. 

Sect.  94  amended,  1934,  183;   1937,  172;  revised,  1937,  316. 


1340  Changes  in  the  [Chap.  132 

Sect.  97  revised,  1934,  70;  amended,  1936,  13. 

Sect.  99  amended,  1932,  180  §  26. 

Sect.  lOOA  added,  1932,  82  (prohibiting  the  hunting  of  beavers) . 

Sect.  103  revised,  1938,  301. 

Sect.  104  revised,  1933,  192  §  1;   1937,  324;   amended,  1941,  175. 

Sect.  104A  added,  1939,  462  (restricting  the  carrying  of  certain  fire- 
arms in  motor  vehicles  in  areas  used  for  hunting). 

Sect.  105A  revised,  1933,  203;  repealed,  1934,  275  §  2. 

Sects.  105B  and  105C  added,  1934,  275  §  1  (regulating  the  use  of 
traps  and  other  devices  for  the  capture  of  fur-bearing  animals  and 
providing  for  local  option  thereon).     (See  1934,  275  §  4.) 

Sect.  109  revised,  1932,  264;  1933,  192  §  2;  amended,  1935,  5  §  1; 
1936,  21  §  1,  138  §  1;   1937,  89  §  1,  243  §  1. 

Sect.  112  revised,  1933,  192  §  3;  amended,  1935,  5  §  2;  1936,  21  §  2, 
138  §  2;   1937,  243  §  2. 

Sect.  114  revised,  1937,  89  §  2;  last  paragraph  amended,  1937, 
372  §  1. 

Sect.  114A  added,  1934,  275  §  3  (authorizing  the  commissioner  of 
conservation  to  temporarily  suspend,  within  certain  specified  territory, 
the  provisions  of  section  105B). 

Sect.  124  amended,  1937,  229. 

Sect.  135  revised,  1932,  81,  272  §  7. 

Sect.  137  added,  1933,  329  §  19  (relative  to  the  protection  of  salmon 
fry  in  the  Merrimack  river). 

Chapter  stricken  out,  and  new  chapter  131  (with  new  title)  inserted,  1941, 
599  §  2.     (See  1941,  599  §§  5-7.) 

The  following  references  are  to  chapter  131  as  so  inserted: 

Sect.  1,  definition  of  "Birds"  revised,  1941,  663  §  1;  definition  of 
"Mammals"  revised,  1941,  663  §  2.    (See  1941,  663  §  3.) 


Chapter  132.  —  Forestry. 

Sect.  1  amended,  1937,  415  §  2;   1941,  490  §  36. 

Sect.  5  repealed,  1932,  180  §  27. 

Sect.  6  revised,  1941,  455. 

Sect.  11  revised,  1937,  415  §  3. 

Sect.  12  amended,  1937,  415  §  4. 

Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5. 

Sect.  14  revised,  1937,  415  §  6. 

Sect.  17  amended,  1937,  415  §  6A. 

Sect.  18  amended,  1937,  415  §  6B. 

Sect.  22  amended,  1937,  415  §  7. 

Sect.  25  revised,  1937,  415  §  8. 

Sect.  26  amended,  1937,  415  §  9. 

Sect.  27  amended,  1937,  415  §  10. 

Sect.  28  amended,  1937,  415  §  11. 

Sect.  33  amended,  1935,  373;   1936,  415  §  1.     (See  1936,  415  §  3.) 

Sect.  34,  new  paragraph  added  at  end,  1935,  233. 

Sect.  36  revised,  1936,  415  §  2.     (See  1936,  415  §  3.) 


Chaps.  132A-138.]  GENERAL  LawS.  1341 


Chapter  132A.  —  State  Parks  and  Reservations  Outside  of  the  Metropolitan 

Parks  District. 

Sect.  2  amended,  1941,  490  §  37. 
Sect.  7  revised,  1941,  722  §  11. 
Sect.  9  amended,  1933,  75  §  4. 

Chapter  135.  —  Unclaimed  and  Abandoned  Property. 

Sect.  8  amended,  1938,  98  §  1. 
Sect.  9  amended,  1938,  98  §  3. 
Sect.  11  amended,  1938,  98  §  2. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;   1934,  63;   1935,  78. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  licensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and  beach 
resorts);  revised,  1933,  309  §  1.     (See  1933,  309  §  2.) 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932,  96;  1934,  354;  1938,  143;  paragraph  added 
at  end,  1933,  150  §  3;  section  revised,  1934,  373  §  6;  third  paragraph 
amended,  1936,  129;   1937,  286. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 

Sect.  13  amended,  1932,  105. 

Sect.  17,  sentence  added  at  end,  1933,  150  §  4;  section  amended, 
1934,  55;  revised,  1938,  60. 

Sect.  21  revised,  1935,  104,  169. 

Sect.  22.     See  1933,  136;   1935,  49. 

Chapter    138.  —  Alcoholic    Liquors    (Old    Title,    Intoxicating    Liquors    and 
Certain  Non-Intoxicating  Beverages). 

Beer  bill,  so  called,  1933,  120  (amended  by  1933,  216,  234,  346). 
(See  also  1933,  Res.  47.) 

Act  providing  for  a  convention  to  act  upon  a  proposed  amendment 
to  the  constitution  of  the  United  States  relative  to  the  repeal  of  the 
eighteenth  amendment,  1933,  132. 

The  following  references  are  to  chapter  138,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1,  paragraph  in  lines  4-7  amended,  1933,  97  §  1.     (See  1933, 
97  §  3,  346  §  9.) 
Sect.  2  affected,  1933,  120  §  53. 
Sect.  3  amended,  1933,  97  §  2.     (See  1933,  97  §  3,  346  §  9.) 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 
The  following  references  are  to  the  new  chapter  138: 

Sect.  1,  new  paragraph  (definition  of  "Alcohol")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club"),  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1;  1935,  253  §  1;  definition  of  "Wines" 
revised,  1941,  637  §  1.     (See  1941,  637  §  3.) 

Sect.  2  revised,  1934,  305,  372  §  4;  1935,  440  §  2;  first  sentence 
revised,  1939,  470  §  1. 


1342  Changes  in  the  [Chap.  138. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcoholic  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1.     (See  1935,  281.) 

Sect.  11  A,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6.    (See 

1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1;  second  paragraph  amended,  1934, 
121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 

1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3 ;  proviso  contained  in  lines  46-48  stricken  out,  1935,  253  §  4 ;  third 
paragraph  revised,  1935,  440  §  8;   next  to  last  paragraph  stricken  out, 

1935,  440  §  9;  section  revised,  1935,  468  §  1;  first  paragraph  amended, 

1936,  207  §  2;  last  sentence  of  first  paragraph  stricken  out  and  new 
paragraph  inserted,  1937,  331;  second  paragraph  revised,  1936,  368  §  2; 
paragraph  added  at  end,  1937,  264. 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section  re- 
vised, 1935,  440  §  10. 

Sect.  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5;  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 
1936,  225  §  1;  second  paragraph  revised,  1938,  353. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  publication  of  appli- 
cations for  original  licenses);  revised,  1935,  440  §  13;  1939,  414. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;  1937,  424  §  1. 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2;  second  paragraph  revised,  1939,  92. 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;  first  paragraph  amended,  1936,  136, 
245;  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  paragraph 
added  after  the  second  paragraph,  1936,  368  §  4;  section  revised,  1937, 
424  §  3;  paragraph  in  fines  106-118  revised,  1939,  263;  paragraph  in 
lines  119-122  revised,  1941,  522.    (See  1937,  14  §  2.) 

Sect.  18,  first  paragraph  revised,  1935,  440  §  16;  two  paragraphs 
added,  1934,  385  §  8. 

Sect.  18A  added,  under  caption  "selling  agents  of  foreign  im- 
porters AND  manufacturers",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect,  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10;  1935, 
440  §  19;  paragraph  added  at  end,  1936,  368  §  5. 

Sect.  19A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 


Chap.  138.]  GENERAL  LawS.  1343 

men  for  manufacturers  and  for  wholesalers  and  importers);  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936,  368 
§  6;  paragraph  inserted,  1936,  368  §  7. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 
lic warehousemen  to  store  and  warehouse  alcoholic  beverages). 

Sect.  21  revised,  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  1939,  367  §  1; 
third  paragraph  stricken  out  and  two  new  paragraphs  inserted,  1941, 
637  §  2;  paragraph  amended,  1936,  368  §  8;  paragraph  added  at  end, 
1939,  394;  next  to  the  last  paragraph  revised,  1939,  451  §  55.  [Tem- 
porary additional  excise,  1939,  434;  1941,  339.]  (See  1936,  411  §  2; 
1939,  367  §  2;  1941,  637  §  3.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  by  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcoholic  beverages). 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,,  1935,  440  §  23 ;  second  of  the 
paragraphs  so  inserted  revised,  1941,  578;  fourth  paragraph  revised, 
1938,  238;  sentence  added  at  end  of  next  to  last  paragraph,  1939, 
470  §  2. 

Sect.  24,  first  sentence  amended,  1934,  232. 

Sect.  26,  first  paragraph  amended,  1935,  440  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised, 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438;  1941,  729  §  13. 
(See  1936,  436  §  4;  1941,  729  §  15.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440  §  25. 

Sect.  30  amended,  1935,  83  §  1.     (See  1935,  83  §  2.) 

Sect.  30A  revised,  1934,  370  §  7;  1935,  440  §  26. 

Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 

Sect.  30D  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised,  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcoholic  beverages  or  alcohol  under  certain  circumstances  deemed  prima 
facie  evidence  of  violation  of  law). 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10. 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;  section  amended,  1937,  268;   1941,  356. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;  1937,  424  §  5. 

Sect.  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 


1344  Changes  in  the  [Chaps.  139,  140. 

Sect.  37  revised,  1934,  385  §  18. 

Sect.  38  amended,  1941,  1^9.     m 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935,  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;   1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40;  1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42;  amended, 
1938,  400. 

Sect.  70  revised,  1934,  301  §  2. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Chapter  139.  —  Common  Nuisances. 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 

Sect.  16  amended,  1934,  328  §  11. 
Sect.  16A  amended,  1934,  328  §  12. 
Sect.  17  repealed,  1934,  328  §  13. 
Sect.  19  amended,  1934,  328  §  14. 
Sect.  20  amended,  1934,  328  §  15. 

Chapter  140.  —  Licenses. 

For  legislation  providing  for  the  temporary  licensing  of  distributors 
and  dealers  in  cigarettes  and  cigarette  vending  machines,  see  1941,  417. 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6;  revised,  1941,  439  §  1. 

Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  licenses  and  licenses  to  sell  alcoholic  beverages  upon 
condition  that  licensed  premises  are  equipped  and  furnished  according 
to  plans  and  estimates  approved  in  advance);  repealed,  1941,  439  §  2. 

Sect.  8  amended,  1936,  368  §  14. 

Sect.  9A  added,  1939,  431  (relative  to  the  keeping  of  the  premises  of 
common  victuallers  open  for  business). 

Sect.  10  amended,  1935,  167. 

Sect.  12  revised,  1932,  86;  1933,  92. 

Sects.  21E  and  21F  added,  under  caption  "organizations  dis- 
pensing   FOOD    OR    beverages   TO    MEMBERS   AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations). 

Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 
§17. 

Sects.  32A-32E  added,  1939,  416  (requiring  the  licensing  of  recrea- 
tional camps,  overnight  camps  or  cabins  and  trailer  camps). 

Sect.  32B  amended,  1941,  396. 

Sect.  48  repealed,  1937,  342  §  2. 


Chap.  140.]  GENERAL  LawS.  1345 

Sect.  51  amended,  1932,  275;   1935,  428  §  3;   1936,  55  §  1;  revised, 

1941,  626  §  12.    (See  1935,  428  §§  6,  7;  1936,  55  §  2.) 
Sect.  52  amended,  1935,  428  §  4.     (See  1935,  428  §  7.) 
Sect.  55  amended,  1938,  59. 

Sect.  59  amended,  1934,  254  §  1;  1938,  96.    (See  1934,  254  §  2.) 
Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1. 
Sect.  96,  sentence  added  at  end,  1934,  179  §  2;   section  amended, 

1941,  158  §  1.     (See  1941,  158  §§  2,  3.) 
Sect.  121  amended,  1934,  359  §  1. 
Sect.  131  revised,  1936,  302. 
Sect.  13 IC  added,  1934,  246  (prohibiting  persons  licensed  to  carry 

pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 

weapons  are  under  their  control  therein). 
Sect.  133  amended,  1939,  451  §  56. 
Sect.  136A,  under  caption  "dogs",  added,  1934,  320  §  1  (definitions 

of  certain  words  and  phrases  in  sections  137-175).     (See  1934,  320 

§34.) 
Sect.  137  amended,  1932,  289  §  1;    revised  (and  caption  stricken 

out)  1934,  320  §  2.     (See  1934,  320  §  34.) 

Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  Hcenses 

and  regulating  holders  of  such  licenses).    (See  1934,  320  §  34.) 
Sect.  137A,  paragraph  added  at  end,  1937,  95. 
Sect.  137C  revised,  1939,  206. 

Sect.  138  revised,  1934,  320  §  4;  1938,  92.     (See  1934,  320  §  34.) 
Sect.  139  amended,  1934,  320  §  5;  sentence  added  at  end,  1939,  23; 

sentence  added  at  end,  1941,  132.     (See  1934,  320  §  34.) 
Sect.  140  repealed,  1934,  320  §  6.     (See  1934,  320  §  34.) 
Sect.  141  revised,  1934,  320  §  7.     (See  1934,  320  §  34.) 
Sects.  142-144  repealed,  1934,  320  §  8.     (See  1934,  320  §  34.) 
Sect.  145  amended,  1932,  289  §  2. 
Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furnishing  of  anti- 

rabic  vaccine);  revised,  1934,  320  §  9;  1937,  375;  last  sentence  revised, 

1939,  42.     (See  1934,  320  §  34.) 
Sect.  146  revised,  1934,  320  §  10;  1941,  133  §  1.    (See  1934,  320  §  34.) 
Sect.  147  revised,  1932,  289  §  4;  1934,  320  §  11;  amended,  1941,  133 

§  2.     (See  1934,  320  §  34.) 

Sect.  148  repealed,  1932,  289  §  6.    (See  G.  L.  chapter  41  §  13A,  in- 
serted by  1932,  289  §  5.) 

Sect.  150  revised,  1934,  320  §  12.  (See  1934,  320  §  34.) 
Sect.  151  revised,  1934,  320  §  13.  (See  1934,  320  §  34.) 
Sect.  151A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 

under  annual  warrants  from  mayors  or  selectmen).     (See  1934,  320 

§34.) 
Sect.  152  revised,  1934,  320  §  15.  (See  1934,  320  §  34.) 
Sect.  153  revised,  1934,  320  §  16.  (See  1934,  320  §  34.) 
Sect.  154  repealed,  1934,  320  §  17.  (See  1934,  320  §  34.) 
Sect.  155  revised,  1934,  320  §  18.  (See  1934,  320  §  34.) 
Sect.  156  revised,  1934,  320  §  19.  (See  1934,  320  §  34.) 
Sect.  157  revised,  1934,  320  §  20.  (See  1934,  320  §  34.) 
Sect.  158  revised,  1934,  320  §  21.  (See  1934,  320  §  34.) 
Sect.  159  revised,  1934,  320  §  22.  (See  1934,  320  §  34.) 
Sect.  160  revised,  1934,  320  §  23.     (See  1934,  320  §  34.) 


1346  Changes  in  the  IChai-s.  141-143. 

Sect.  161,  first  two  sentences  amended,  1932,  289  §  7;  section 
amended,  1934,  320  §  24.     (See  1934,  320  §  34.) 

Sect.  161 A  added,  1934,  320  §  25  (reimbursement  for  damages  by- 
dogs  regulated).     (See  1934,  320  §  34.) 

Sect.  162  revised,  1934,  320  §  26.     (See  1934,  320  §  34.) 
Sect.  163  amended,  1934,  320  §  27.     (See  1934,  320  §  34.) 
Sect.  164  amended,  1934,  320  §  28.     (See  1934,  320  §  34.) 
Sect.  165  revised,  1934,  320  §  29.     (See  1934,  320  §  34.) 
Sect.  166  amended,  1934,  320  §  30.     (See  1934,  320  §  34.) 
Sect.  170  amended,  1934,  320  §  31.     (See  1934,  320  §  34.) 
Sect.  171  revised,  1934,  320  §  32.     (See  1934,  320  §  34.) 
Sect.  172  revised,  1932,  289  §  8. 
'Sect.  175  revised,  1932,  289  §  9;    1934,  320  §  33.     (See  1934,  320 
§34.) 
Sects.    180A-180D    added,    under   caption    "theatrical   booking 

AGENTS,    PERSONAL  AGENTS  AND   MANAGERS",    1935,   378    (providing  foF 

the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  181.     Affected  by  1935,  454  §  8. 

Sect.  183A  amended,  1935,  102  §  1;  1936,  71  §  1.    (See  1935, 102  §  2.) 

Sect.  183B  repealed,  1936,  71  §  2. 

Sect.  184  amended,  1934,  328  §  18. 

Sect.  185A  amended,  1936,  279;  paragraph  added  at  end,  1941,  247. 

Sect.  185H  added,  1939,  253  (relative  to  the  licensing  and  supervision 
of  dancing  schools,  so  called). 

Sect.  186  amended,  1936,  169  §  1. 

Sect.  187  amended,  1936,  169  §  2. 

Sect.  202  revised,  1936,  169  §  3. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  3,  clause  (4)  amended,  1934,  347  §  1. 

Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  6  revised,  1934,  347  §  2. 

Sect.  13  amended,  1934,  284. 

Sect.  17  revised,  1936,  234;  1941,  518  §  1. 

Sect.  18  revised,  1941,  518  §  2. 

Sect.  19  revised,  1941,  518  §  3. 

Sect.  21  added,  1938,  302  (providing  for  regulation  of  plumbing  in 
buildings  owned  and  used  by  the  commonwealth). 

Sect.  22  added,  1941,  518  §  4  (providing  for  the  enforcement  of  cer- 
tain laws  relative  to  the  marking,  construction  and  installation  of  hot 
water  tanks). 

Chapter'143.  —  Inspection  and  Regulation  of,  and  Licenses  for,  Buildings 
Elevators  and  Cinematographs. 

Sect.  1,  definition  of  "Special  hall"  revised,  1941,  694. 
Sect.  74  revised,  1941,  553  §  1.     (See  1941,  553  §  9.) 
Sect.  75  revised,  1941,  553  §  2.     (See  1941,  553  §  9.) 
Sect.  76  revised,  1941,  553  §  3.     (See  1941,  553  §  9.) 


Chaps.  145-147.]  GENERAL  LaWS.  1347 

Sects.  77  and  78  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  79  revised,  1941,  553  §  5.     (See  1941,  553  §  9.) 
Sect.  80  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  82  amended,  1941,  553  §  6.     (See  1941,  553  §  9.) 
Sect.  85  amended,  1941,  553  §  7.     (See  1941,  553  §  9.) 
Sect.  86  amended,  1941,  553  §  8.     (See  1941,  553  §  9.) 

Chapter  145.  —  Tenement  Houses  in  Towns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in  the 
yards  of  certain  tenement  houses). 

Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc.,  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  2  amended,  1941,  459. 

Sect.  16  revised,  1932,  180  §  28. 

Sect.  34  revised,  1938,  319  §  1. 

Sect.  35  amended,  1938,  319  §  2. 

Sect.  50  amended,  1935,  67. 

Sect.  67  revised,  1941,  525  §  1.     (See  1941,  525  §  2.) 

Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  4B  added,  1939,  116  (providing  that  local  police  authorities 
and  district  attorneys  be  furnished  with  information  relative  to  certain 
persons  charged  with  or  convicted  of  sex  crimes,  so  called,  upon  their 
release  or  discharge  from  certain  institutions). 

Sect.  8A  added,  1938,  296  (authorizing  the  carrying  of  certain 
weapons  by  sheriffs,  deputy  sheriffs  and  special  sheriffs,  and  certain 
officers  in  the  department  of  correction) ;   revised,  1939,  174. 

Sect.  10  amended,  1934,  23. 

Sects.  13B  and  13C  added,  1939,  419  §  2  (providing  for  the  ultimate 
abolition  of  reserve  police  forces  in  certain  cities  and  towns). 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  days  for  police  officers  in  certain  cities  and  towns) ;  revised,  1938, 
426  §  1. 

Sect.  16B  added,  1938,  426  §  2  (providing  for  one  day  off  in  every 
six  days  for  police  officers  of  certain  cities  and  towns). 

Sect.  17  amended,  1937,  85  §  2;  1938,  426  §  3. 

Sect.  19,  sentence  added  after  the  first  sentence,  1939,  256  §  2.  (See 
1939,  256  §  3.) 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  26  amended,  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69. 

Sect.  36  revised,  1932,  79. 


1348  Changes  in  the  [Chaps.  148, 149. 


Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "local  licensing  authority"  amended,  1932,  102. 

Sect  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  permits 
and  the  making  of  certain  inspections  by  municipal  officers  designated 
by  the  state  fire  marshal). 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;  section  amended, 
1935,  123  §  1 ;  revised,  1936,  394  §  1 ;  third  paragraph  amended,  1939, 
333;  last  paragraph  amended,  1938,  99.  (See  1932,  22  §  2;  1936,  394 
§§  2,  3.) 

Sect.  14  amended,  1938,  103. 

Sect.  16  amended,  1941,  288. 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  23  amended,  1935,  123  §  2. 

Sect.  27A  added,  1932,  283  (relative  to  the  protection  of  life  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  29  amended,  1939,  205. 

Sect.  38A  added,  1938,  95  (prohibiting  the  removal  of  certain  gaso- 
line tanks  without  a  permit). 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes). 

Chapter  149.  —  Labor  and  Industries. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and  in- 
dustry, see  1933,  Res.  44;  1934,  383,  Res.  25;  1935,  315  §§  1-3;  1936, 
Res.  68;  1937,  404. 

For  legislation  establishing  in  the  department  of  labor  and  industries 
a  division  of  apprentice  training  under  a  director  of  apprenticeship  and 
an  apprenticeship  council  and  defining  the  powers  and  duties  of  such 
director  and  council,  see  1941,  707.    (See  also  1938,  448;   1939,  471.) 

Sect.  1,  paragraph  defining  "co-operative  courses"  amended,  1939, 
461  §  4;  paragraph  defining  "discrimination"  inserted,  1937,  367  §  1; 
paragraph  defining  "employment  permit",  "permit  for  employment" 
or  "employment  certificate"  inserted,  1939,  461  §  4A;  paragraph  defin- 
ing "mercantile  establishments"  amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;   1937,  249.    (See  1934,  132  §  2.) 

Sect.  11  amended,  1935,  328. 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers'  or- 
ganizations).    (Sec  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regulating  the  liability  of 
labor  unions  and  others  involved  in  labor  disputes,  and  defining  labor 
disputes  and  other  terms  used  in  connection  therewith).  (See  1935, 
407  §  6.) 

Sect.  20C.  See  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2. 

Sect.  23  amended,  1935,  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  24  amended,  1933,  272. 


Chap.  149.]  GENERAL  LaWS.  1349 

Sects.  24A-24J  added,  under  the  caption  "disceimination  against 

CERTAIN  PERSONS  IN  EMPLOYMENT  ON  ACCOUNT  OF  AGe",   1937,  367  §  2. 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added,  1935, 
461  (relative  to  preference  and  minimum  wages  of  veterans  and  others 
in  certain  employments  on  certain  public  works). 

Sect.  26,  paragraph  added  at  end,  1937,  346;  same  paragraph  re- 
vised, 1938,  413. 

Sect.  27E  added,  1938,  67  (establishing  residential  requirements  to 
be  observed  in  the  employment  of  certain  persons  by  the  department 
of  public  works). 

Sect.  29  amended,  1935,  217  §  2;  revised,  1935,  472  §  2;  1938,  361. 
"Sect.  30  revised,  1936,  367  §  1. 

Sect.  34  amended,  1936,  367  §  2. 

Sect.  34A  added,  1938,  438  (requiring  contractors  on  public  buildings 
and  other  public  works  to  provide  and  continue  in  force,  during  the  full 
term  of  the  contract,  insurance  under  the  Workmen's  Compensation 
Law,  so  called). 

Sect.  34B  added,  1939,  252  (regulating  the  rate  of  compensation 
paid  to  reserve  police  officers  by  contractors  on  certain  public  works). 

Sect.  36  amended,  1942,  1  §  7.    (See  1942,  1  §  9.) 

Sect.  39  revised,  1935,  444  §  1.    (See  1935,  444  §  2.) 

Sects.  44A^4D  added,  1939,  480  (requiring  fair  competition  for 
bidders  on  the  construction,  reconstruction,  alteration,  remodelling  or 
repair  of  certain  pubhc  works  by  the  commonwealth  or  any  political 
subdivision  thereof). 

Sect.  44 A  revised,  1941,  699  §  1. 

Sect.  44C,  subsection  (B)  revised,  1941,  699  §  2;  subsection  (D) 
amended,  1941,  699  §  3;  first  paragraph  of  subsection  (E)  revised,  1941, 
699  §  4;  sentence  added  at  end  of  subsection  (E),  1941,  699  §  5;  last 
paragraph  of  "Draft  of  Proposal  Form"  amended,  1941,  699  §  6;  para- 
graph contained  in  lines  14-18  of  the  "Proposal  Form  (Sub-Bidder)" 
amended,  1941,  699  §  7. 

Sect.  48  revised,  1935,  185,  423  §  3;  amended,  1938,  320;  revised, 
1939,  235  §  1. 

Sect.  49  amended,  1937,  221;  revised,  1938,  295. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
applicable  to  watchmen  and  employees  maintaining  fires  in  certain 
estabhshments) . 

Sect.  51  revised,  1939,  235  §  2. 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200;  first  sentence 
stricken  out  and  two  sentences  inserted,  1939,  377;  section  amended, 
1941,  574,  610  §  1.    (See  1941,  610  §§  2,  3.) 

Sect.  57  amended,  1932,  110  §  2. 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1.  (For  temporary 
act,  authorizing  the  commissioner  of  labor  and  industries  to  suspend 
certain  provisions  relative  to  the  hours  of  employment  of  women  in 
the  textile  and  leather  industries,  see  1933,  347;  time  for  suspension 
as  to  the  textile  industry  extended,  1935,  429;  1936,  154;  1937,  153; 
1938,  68;   1939,  96;   1941,  154.) 

Sect.  60  revised,  1935,  203;  paragraph  added  at  end,  1939,  193  §  1; 
section  revised,  1939,  273,  461  §  5.     (See  1939,  461  §  13.) 


1350  Changes  in  the  [Chap.  149. 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19. 

Sect.  65  amended,  1939,  352;  revised,  1939,  461  §  6. 

Sect.  66  amended,  1933,  193  §  2;   1936,  170  §  2;   1939,  255. 

Sect.  67  revised,  1939,  348. 

Sects.  69-73.     See  1934,  114. 

Sect.  69  amended,  1939,  461  §  7. 

Sect.  70,  sentence  added  at  end,  1939,  94. 

Sect.  73  revised,  1939,  461  §  8. 

Sect.  78  amended,  1934,  292  §  1. 

Sect.  84  amended,  1932,  180  §  29. 

Sect.  86  revised,  1939,  461  §  9. 

Sect.  87  revised,  1939,  461  §  10. 

Sect.  94  revised,  1939,  461  §  11. 

Sect.  100  amended,  1939,  280. 

Sect.  101  revised,  1938,  335. 

Sect.  104  amended,  1932,  27;   1939,  193  §  2. 

Sect.  113  revised,  1934,  255. 

Sect.  117  revised,  1935,  208. 

Sect.  135  amended,  1933,  64. 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect.  142A  amended,  1935,  463  §  1. 

Sect.  142B  revised,  1935,  463  §  2. 

Sects.  143-147A,  and  the  heading  above  section  143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  147  amended,  1941,  539. 

Sect.  147A  added,  1932,  234  (requiring  the  furnishuig  of  certain 
information  to  the  department  of  labor  and  industries  with  respect  to 
the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);  section  stricken  out  and  new  section  inserted,  1937,  429; 
amended,  1939,  461  §  12. 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;    section  revised, 
1935,  350;   1936,  160. 
Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 
Sect.  150A  added,  1938,  403  (requiring  employers  to  furnish  certain 
information  to  employees  relative  to  deductions  from  wages  for  social 
security  and  unemployment  compensation  benefits). 

Sect.  156  amended,  1935,  363  §  1;   1941,  164.     (See  1935,  363  §  2.) 

Sect.  157A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 

factories  and  workshops  information  relative  to  their  compensation). 

Sect.  159A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 

of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 

cigarette  girls  and  the  like). 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration). 

Sect.  179B  added,  1941,  642  (requiring  the  giving  of  notice  to  the 
Commissioner  of  Labor  and  Industries  of  the  commencement  or  a 
change  of  location  of  operations  by  industries  in  this  commonwealth). 


Chaps.  150-151  A.]  GENERAL  LawS.  1351 


Chapter  150.  —  Conciliation  and  Arbitration  of  Industrial  Disputes. 

.Sect.  3  amended,  1938,  364  §  1;   1939,  111. 
Sect.  5  revised,  1938,  364  §  2. 

Chapter  I50A.  —  Labor  Relations. 

New  chapter  inserted,  1938,  345  §  2  (incorporating  the  provisions 
of  1937,  436,  relative  to  labor  relations  as  an  addition  to  the  General 
Laws).     (See  1938,  345  §§  3,  4.) 

Sect.  5,  subsection  (b)  amended,  1939,  318. 

Sect,  6,  subsection  (h)  amended,  1941,  261. 

Chapter    15L  —  Minimum    Fair    Wages    for    Women    and    Minors    (former 
title,  The  Minimum  Wage). 

The  following  references  are  to  chapter  151,  as  appearing  in  the  Ter- 
centenary Edition: 

Sect.  8  amended,  1933,  110. 

Sects.  IIA-IID  added,  1933,  220  §  1  (relative  to  the  more  effective 
enforcement  of  decrees  of  the  minimum  wage  commission).  (See  1933, 
220  §  2.) 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.     (See 
1934,  308  §§  2,  3;    1935,  267.     See  also  1933,  Res.  44;    1934,  383,  Res.  25). 
The  following  references  are  to  chapter  151,  as  inserted  by  1934,  308  §  1: 

Sect.  1  revised,  1936,  430  §  1.  (See  1936,  430  §§  18-22.) 
Sect.  2  revised,  1936,  430  §  2.  (See  1936,  430  §§  18-22.) 
Sect.  3  amended,  1936,  430  §  3.  (See  1936,  430  §§  18-22.) 
Sect.  4  revised,  1936,  430  §  4.  (See  1936,  430  §§  18-22.) 
Sect.  7  revised,  1936,  430  §  5.  (See  1936,  430  §§  18-22.) 
Sect.  10  revised,  1936,  430  §  6.  (See  1936,  430  §§  18-22.) 
Sect.  12  revised,  1936,  430  §  7.  (See  1936,  430  §§  18-22.) 
Sect.  13  amended,  1936,  175;  revised,  1936,  430  §  8.  '(See  1936, 
430  §§  18-22.) 

Sect.  14  revised,  1936,  430  §  9.  (See  1936,  430  §§  18-22.) 
Sect.  15  revised,  1936,  430  §  10.  (See  1936,  430  §§  18-22.) 
Sect.  16  amended,  1936,  430  §  11.  (See  1936,  430  §§  18-22.) 
Sect.  17  amended,  1936,  430  §  12.  (See  1936,  430  §§  18-22.) 
Sect.  20  amended,  1936,  430  §  13.  (See  1936,  430  §§  18-22.) 
Sect.  21  revised,  1936,  430  §  14.  (See  1936,  430  §§  18-22.) 
Sect.  22  revised,  1936,  430  §  15.  (See  1936,  430  §§  18-22.) 
Sect.  23  amended,  1936,  430  §  16.  (See  1936,  430  §§  18-22.) 
Sect.  24  revised,  1936,  430  §  17.  (See  1936,  430  §§  18-22.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted, 
1937,  401  §  1.     (See  1937,  401  §§  2,  3.) 

The  following  references  are  to  chapter  151,  as  inserted  by  1937,  401  §  1: 

Sect.  19,  paragraph  added  at  end,  1938,  237. 

Sect.  20A  added,  1939,  275  (relative  to  evidence  of  the  establish- 
ment of  minimum  fair  wage  rates).  ^ 

Chapter  151A.  —  Employment  Security  (former  title.  Unemployment 

Compensation) . 

For  legislation  providing  for  the  payment  of  unemployment  compen- 
sation benefits  to  persons  upon  termination  of  service  in  the  military  or 


1352  Changes  in  the  [Chap.  151A. 

naval  forces  of  the  United  States  during  the  present  national  emergency, 
see  1941   701. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936, 
12  §  3,  249  §  16.) 

The  following  references  are  to  chapter  151  A,  as  inserted  by  1935,  479  §  5: 

Sect.  1,  clauses  (1)  to  (9),  inclusive,  of  paragraph  (a)  revised,  1936, 
249  §  1;  paragraph  (6)  amended,  1936,  249  §  2;  paragraph  (k)  amended, 

1936,  249  §  3;   paragraph  (m)  amended,  1936,  249  §  4;   paragraph  (n) 
revised,  1936,  249  §  5. 

Sect.  3  revised,  1936,  249  §  6. 

Sect.  4  revised,  1936,  249  §  7. 

Sect.  7,  paragraph  added  at  end,  1936,  249  §  8. 

Sect.  7A  added,  1936,  249  §  9  (relative  to  refunding  of  over-pay- 
ments or  collection  of  under-payments  of  contributions). 

Sect.  10  amended,  1936,  249  §  10. 

Sect.  12  amended,  1936,  12  §  1. 

Sect.  17,  paragraph  (a)  amended,  1936,  249  §  11. 

Sect.  18,  paragraph  (a)  amended,  1936,  249  §  12. 

Sect.  19,  paragraph  defining  "suitable  employment"  amended,  1936, 
12  §2. 

Sect.  20  amended,  1936,  249  §  13. 

Sect.  24,  second  paragraph  stricken  out,  1936,  249  §  14. 

Sect.  48  amended,  1936,  249  §  15. 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 

1937,  421  §  1.     (See  1937,  421  §§  2-4.) 

The  following  references  are  to  chapter  151A,  as  inserted  by  1937,  421  §  1: 

Sect.  1,  paragraphs  (1)  and  (2)  inserted  after  subsection  (a),  1939, 
490  §  1;  subsection  (6)  revised,  1939,  20  §  2;  subsection  (/)  clause  (5) 
amended,  1939,  319  §  1;  subsection  (/)  clause  (8)  added,  1939,  374  §  1 
(see  1939,  374  §  6);  subsection  (/)  revised,  1939,  490  §  2;  subsection  (k) 
revised,  1938,  469  §  1;  amended,  1939,  490  §  3;  subsection  (/)  revised, 

1938,  469  §  2;  amended,  1939,  490  §  4;  subsection  (w)  amended,  1939, 
490  §  19.    (See  1938,  469  §  20;   1939,  20  §§  6-9;   1939,  319  §§  10,  11.) 

Sect.  1A,  subsections  (1)  and  (2)  revised,  1938,  469  §  3;  subsection 
(6)  added,  1938,  469  §  4.     (See  1938,  469  §  20.) 
Sect.  3  revised,  1939,  319  §  2;    amended,  1939,  490  §  17;    revised, 

1939,  490  §  23.     (See  1939,  319  §§  10,  11.) 

Sect.  4,  first  paragraph  revised,  1938,  469  §  5;  fifth  paragraph 
stricken  out,  1938,  469  §  6;  paragraph  inserted  before  the  last  para- 
graph, 1938,  469  §  7;  last  paragraph  revised,  1938,  470  §  2;  section 
revised,  1939,  319  §  3.  (See  1938,  469  §  20,  470  §§  1  and  3;  1939,  319 
§§  10,  11.) 

Sect.  8,  last  paragraph  stricken  out,  1939,  319  §  4.     (See  1939,  319 
§§  10,  11.) 
Sect.  9  amended,  1939,  319  §  5.     (See  1939,  319  §§  10,  11.) 
Sect.  10  amended,  1939,  319  §  6.     (See  1939,  319  §§  10,  11.) 
Sect.  11,  subsection  (a)  revised,  1938,  469  §  8.    (See  1938,  469  §  20.) 
Sect.  12,  last  sentence  stricken  out,  1939,  319  §  7.     (See  1939,  319 

§§  10,  11.) 

Sect.  14,  subsection  (a)  revised,  1938,  469  §  9;  1939,  490  §§  5,  6; 
subsection  (c)  revised,  1938,  469  §  10;  subsection  (d)  added,  1938, 
469  §  11.     (See  1938,  469  §  20.) 


Chap.  151A.]  GENERAL  LaWS.  1353 

Sect.  15,  subsection  (a)  revised,  1938,  469  §  12;  1939,  490  §  7.  (See 
1938,  469  §  20.) 

Sect.  16,  subsection  (c)  revised,  1939,  490  §  8;  first  paragraph  of 
subsection  (d)  revised,  1938,  469  §  13;  subsection  (e)  revised,  1939, 
490  §  9;  subsection  (/)  added,  1938,  469  §  14;  subsections  (g),  (h) 
added,  1939,  374  §  2.     (See  1938,  469  §  20;   1939,  374  §  6.) 

Sect.  17  revised,  1938,  469  §  15;  1939,  490  §  10.  (See  1938,  469 
§20.) 

Sect.  18,  subsection  (a)  revised,  1938,  469  §  16;  amended  and  re- 
vised, 1939,  490  §  11;  subsection  (6)  stricken  out,  1939,  490  §  13;  sub- 
section (c)  stricken  out,  1939,  490  §  13;  subsection  ((/)  revised,  1938, 
469  §  17;  1939,  490  §  12;  stricken  out,  1939,  490  §  13.  (See  1938, 
469  §  20.) 

Sect.  19  revised,  1939,  490  §  14. 

Sect.  22A  revised,  1939,  319  §  8.     (See  1939,  319  §§  10,  11.) 

Sect.  26  amended,  1938,  469  §  18.     (See  1938,  469  §  20.) 

Sects.  26-33,  stricken  out  and  new  sections  26-31  inserted,  1939, 
20  §3. 

Sects.  26,  27,  28  (as  appearing  in  1939,  20  §  3)  revised,  1939,  490 
§15. 

Sect.  30  (as  appearing  in  1939,  20  §  3)  amended,  1939,  490  §  16. 

Sect.  35  amended,  1939,  490  §  21. 

Sect.  36  amended,  1939,  490  §  18. 

Sect.  41,  second  sentence  revised,  1939,  20  §  4. 

Sect.  42  amended,  1939,  319  §  9.     (See  1939,  319  §§  10,  11.) 

Sect.  43  revised,  1939,  374  §  3.     (See  1939,  374  §  6.) 

Sect.  45  revised,  1939,  20  §  5. 

Sect.  47  revised,  1938,  163. 

Sect.  47A  added,  1939,  374  §  4  (authorizing  the  director  of  the  divi- 
sion of  unemployment  compensation  to  co-operate  with  certain  federal 
agencies  charged  with  the  administration  of  laws  relative  to  unemploj^- 
ment).     (See  1939,  374  §  6.) 

Sect.  48,  paragraph  added  at  end,  1939,  374  §  5.    (See  1939,  374  §  6.) 

Sect.  52  added,  1938,  469  §  19  (powers  of  the  unemployment  com- 
pensation commission  when  employer  fails  or  refuses  to  make  any 
required  report  or  return).     (See  1938,  469  §  20.) 

Sect.  53  added,  1938,  469  §  19  (authorizing  the  payment  without 
administration  of  unemployment  compensation  benefits  due  a  deceased 
person  in  certam  cases) ;  revised,  1939,  490  §  20.  (See  1938,  469  §  20.) 
Note  —  See  sect.  53,  infra. 

Sect.  53  added,  1939,  490  §  22  (relative  to  the  preparation,  use  as 
evidence  and  disposition  of  certain  records,  reports,  claims  and  other 
papers).     Note  —  See  sect.  53,  supra. 

Sect.  54  added,  1938,  469  §  19  (relative  to  the  effect  to  be  given  any 
ruling  or  decision  of  the  unemployment  compensation  commission). 
(See  1938,  469  §  20.) 

Chapter  stricken  out,  and  new  chapter  151A  (with  new  title)  inserted, 
1941,  685  §  1.     (See  1941,  685  §§  7-11;    1941,  686.) 

The  following  references  are  to  chapter  151  A,  as  so  inserted: 

Sect.  11  revised,  1941,  685  §  2. 

Sect.  23,  subsection  (a)  revised,  1941,  685  §  3. 


1354  Changes  in  the  [Chap.  152. 


Chapter  152.  —  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see 
1936,  426. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (4)  revised,  1935,  406;   paragraph  (7 A)  added,  1941,  437. 
Sect.  4  revised,  1939,  83. 
Sect.  9A  revised,  1938,  381. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees);  revised,  1938,  462. 

Sect.  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484;  paragraph  added  at  end,  1939,  213  §  1.    (See  1939,  213  §  2.) 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1.     (See  1932,  117 
§2;   1935,351.) 
Sect.  13,  sentence  added  at  end,  1933,  68. 
Sect.  15  revised,  1939,  401. 
Sect.  15A  amended,  1934,  252. 

Sect.  18,  sentence  added  at  end,  1938,  102;  section  amended,  1939, 
93. 

Sect.  19,  paragraph  in  lines  17  and  18  revised,  1935,  339;  same  para- 
graph revised,  1939,  245;  paragraph  added  at  end,  1941,  379  §  11. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law). 

Sect.  19B  added,  1941,  410  (requiring  the  posting  of  notices  by  cer- 
tain employers  not  covering  their  employees  by  workmen's  compensa- 
tion insurance). 

Sect.  20  revised,  1935,  340. 
Sect.  26  amended,  1937,  370  §  1. 

Sect.  26A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide). 
Sect.  27  revised,  1935,  331. 
Sect.  28  amended,  1934,  292  §  2. 
Sect.  29  revised,  1935,  372;   1937,  382. 
Sect.  30  revised,  1936,  164. 

Sect.  31,  first  paragraph  amended,  1934,  250;  paragraph  contained 
in  the  seventh  to  the  forty-fourth  lines  revised,  1937,  325. 

Sect.  32,  new  paragraph  added,  1935,  361  (relative  to  payments 
under  the  workmen's  compensation  law  to  dependents  of  deceased 
minor  employees). 

Sect.  33  revised,  1939,  81;  1941,  495. 
Sect.  34  revised,  1935,  332  §  2;  1941,  624. 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disabihty  under  the  workmen's  compensation  law,  and  estab- 
lishing methods  of  determining  the  same). 

Sect.  36,  paragraph  (j)  revised,  1933,  257;  section  revised,  1935,  333. 
Sect.  37  amended,  1937,  321. 
Sect.  39  amended,  1937,  317. 
Sect.  46  amended,  1941,  378. 

Sect.  52A  added,  1939,  465  §  2  (relative  to  insuring  against  sihcosis 
and  other  occupational  pulmonary  dust  diseases).    (See  1939,  465  §  4.) 


Chaps,  153-155.]  GENERAL  LaWS.  1355 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extending 
the  workmen's  compensation  law  by  making  void  certain  contracts  or 
agreements  in  the  nature  of  insurance  which  do  not  insure  the  payment 
of  the  compensation  provided  for  by  said  law). 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect.  65  amended,  1935,  395;  1936,  162;  1937,  394;  revised,  1939, 
465  §  3.     (See  1939,  465  §  4.) 

Sects.  65A-65M  added,  1939,  489  (providing  for  the  equitable  distri- 
bution of  rejected  risks  among  insurers  of  workmen's  compensation,  and 
the  pooling  of  losses  in  connection  with  such  risks). 

Sect.  69  revised,  1933,  318  §  7;  1936,  260;  amended,  1936,  403;  re- 
vised, 1939,  435;  last  sentence  revised,  1939,  468;  section  amended, 
1941,  614. 

Sect.  69A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth). 

Sect.  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation pavments  by  the  commonwealth). 

-Sect.  73,  first  sentence  amended,  1936,  318  §  4;  1937,  336  §  23;  1941, 
379  §  12. 

Sect.  73 A  added,  1941,  649  (to  provide  for  the  employment  of  par- 
tially disabled  public  employees  and  temporary  filling  of  their  original 
positions) . 

Sect.  74  amended,  1939,  451  §  57;  1941,  344  §  26. 

Sect.  75  revised,  1932,  19. 

Sects.  76-85  added,  1939,  465  §  1  (providing  workmen's  compensa- 
tion benefits  for  employees  in  the  granite  industry  contracting  sihcosis 
and  other  occupational  pulmonary  dust  diseases).    (See  1939,  465  §  4.) 

Chapter  153.  —  Liability  of  Employers  to  Employees  for   Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387. 

Chapter  154.  —  Assignment  of  Wages. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
.trade  union  or  craft  dues  or  obligations  from  the  operation  of  the  laws 
regulating  assignments  of  wages) ;  amended,  1939,  125. 

Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  9  amended,  1938,  327  §  1.     (See  1938,  327  §  2.) 

Sect.  10  amended,  1933,  11. 

Sect.  12A  added,  1938,  164  §  1  (making  permanent  certain  provi- 
sions of  law  authorizing  domestic  corporations  to  contribute  to  certain 
funds  for  the  benefit  of  social  and  economic  conditions).  (See  1938, 
164  §  2.) 

Sect.  15  revised,  1939,  14. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds  and 
other  securities  of  corporations  to  their  employees);  repealed,  1938, 
445  §  13.  (See  1935,  297  §  3;  G.  L.  chapter  llOA  §  11  A,  inserted  by 
1938,  445  §  9.) 

Sect.  50  amended,  1933,  66. 


1356  Changes  in  the  [Chaps.  15&-159A. 

Sect.  50A  added,  1939,  456  §  1  (relative  to  the  dissolution  of  domes- 
tic corporations). 

Sect.  56,  first  sentence  revised,  1939,  456  §  2. 

Chapter  156.  —  Business  Corporations. 

Sect.  5  amended,  1939,  301  §  1. 
Sect.  6,  clause  (e)  amended,  1939,  15  §  1. 
Sect.  12,  form  of  certificate  revised,  1932,  67. 
Sect.  30  amended,  1937,  52. 
Sect.  36  revised,  1941,  514  §  1. 
Sect.  41  revised,  1932,  136. 

Sects.  46A-46E  added,  under  the  heading  "merger  and  consolida- 
tion", 1941,  514  §  2. 
Sect.  49  revised,  1941,  276. 
Sect.  54  amended,  1932,  180  §  30. 

Chapter  157.  —  Co-operative  Corporations. 

Sect.  10,  last  sentence  amended,  1932,  180  §  31. 

Chapter  159.  —  Common  Carriers. 

Sect.  14A  added,  1941,  713  (authorizing  the  department  of  public 
utilities  to  regulate  rates  for  the  transportation  of  persons  or  property 
within  the  commonwealth  by  common  carriers  bj'  aircraft). 

Sect.  15,  paragraph  added  at  end,  1937,  247;  same  paragraph  stricken 
out,  1938,  155  §  2. 

Sect.  16A  added,  1938,  243  (relative  to  the  discontinuance  of  service 
by  railroads). 

Sect.  20  amended,  1939,  18. 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2;  1941,  233. 

Sect.  61  amended,  1933,  326  §  3. 

Sect.  62  amended,  1933,  326  §  4. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1. 

Sect.  90  revised,  1936,  363  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4. 

Sect.  93  amended,  1936,  363  §  5. 

Sect.  94  amended,  1936,  363  §  6. 

Sect.  103  amended,  1933,  10;  1941,  54. 

Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  headings,  "part  i",  "carriers  of  passengers 
BY  MOTOR  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
PROPERTY  BY  MOTOR  VEHICLE",  1933,  372  §  2  (regulating  carriers  of 
property  by  motor  vehicle).] 

Note  —  1933,  372  repealed  by  1934,  264  §  5. 


Chaps.  159B,  160.]  GENERAL  LawS.  1357 

Sect.  11 A  added,  1939,  404  §  1  (placing  special  and  chartered  buses, 
so  called,  under  the  supervision  of  the  department  of  public  utilities) ; 
amended,  1941,  480.    (See  1939,  404  §  2.) 

Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 

The  following  references  are  to  chapter  159B,  as  inserted  by  1934,  264  §  1: 

Sect.  2  revised,  1936,  345  §  1. 

Sect.  6  revised,  1936,  345  §  2. 

Sect.  7  revised,  1936,  345  §  3;  amended,  1938,  332. 

Sect.  8  affected,  1935,  24. 

Sect.  9  revised,  1936,  345  §  4. 
^  Sect.  10  revised,  1936,  345  §  5;   1937,  381. 

Sect.  lOA  added,  1936,  345  §  6  (prohibiting  rebates,  discrimination 
and  evasion  of  regulation  in  the  carrying  of  property  by  motor  vehicle). 

Sect.  13  amended,  1937,  122. 

Chapter  stricken  out  and  new  chapter  159B  (with  same  title)  inserted, 
1938,  483  §  1.     (See  1938,  483  §§  2-5.) 

The  following  references  are  to  chapter  159B,  as  inserted  by  1938,  483  §  1: 

Sect.  2,  definition  of  "Irregular  route  common  carrier"  revised,  1941, 
653  §  2;  definition  of  "Regular  route  common  carrier"  revised  and 
paragraph  defining  "Regular  routes"  added,  1941,  653  §  3;  definition 
of  "Agricultural  carrier  by  motor  vehicle"  inserted,  1941,  704  §  1;  defi- 
nitions of  "Contract  carrier  by  motor  vehicle",  "Motor  carrier"  and 
"Permit"  revised,  1941,  704  §  2.    (See  1941,  704  §  4.) 

Sect.  3,  paragraph  (h)  revised,  1941,  592  §  1. 

Sect.  4,  third  paragraph  revised,  1941,  592  §  2. 

Sect.  7,  paragraph  (a)  revised,  1939,  171. 

Sect.  9  amended,  1941,  483  §  1. 

Sect.  10,  paragraph  added  at  end,  1939,  306;  amended,  1941,  483  §  2. 

Sect.  lOA  added,  1939,  322  (relative  to  replacing  lost  or  mutilated 
plates  and  lost  or  destroyed  certificates,  permits  and  licenses  issued  to 
carriers  of  property  by  motor  vehicle). 

Sect.  11  amended,  1941,  483  §  3. 

Sect.  12,  first  paragraph  revised,  1941,  653  §  4. 

Sect.  13  amended,  1941,  692. 

Sect.  14  amended,  1941,  653  §  5. 

Sect.  15A  added,  1941,  704  §  3  (relative  to  agricultural  carriers  of 
property  by  motor  vehicles).     (See  1941,  704  §  4.) 

Sect.  16A  added,  1939,  307  (giving  the  department  of  public  utilities 
authority  to  obtain  certain  information  of  persons  engaged  in  leasing 
motor  vehicles  for  the  transportation  of  property  for  hire). 

Chapter  160.  —  Railroads. 

Sect.  70  amended,  1932,  238. 

Sect.  70A  revised,  1932,  236;  amended,  1934,  264  §  3. 

Sect.  85  amended,  1941,  53. 

Sect.  102  amended,  1941,  496  §  1. 

Sect.  104  revised,  1933,  176. 

Sect.  134  amended,  1941,  273  §  1. 

Sect.  138  amended,  1941,  273  §  2. 

Sect.  142  amended,  1938,  29. 


1358  Changes  in  the  [Chaps.  161-164. 

Sect.  167  amended,  1941,  273  §  3. 
Sect.  198A.     See  1936,  267. 

Sect.  198B  added,  1936,  267  (prohibiting  the  scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 
Sect.  235  amended,  1941,  490  §  38. 
Sect.  245  amended,  1941,  273  §  4,  496  §  2. 


Chapter  161.  —  Street  Railways. 

Name  of  Metropolitan  Transit  District  changed  to  Boston  Metro- 
politan District,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  public 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108;  further  extension  of  five  years  from  said  date, 
1938,  173. 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  Metropolitan  District, 
1933,  235;    1934,  334;    1935,  451;    1936,  308;    1937,  357;    1941,  567. 

Sect.  20A  amended,  1939,  28. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 

Sect.  44  amended,  1934,  264  §  4. 

Sect.  77  revised,  1934,  310  §  1. 

Sect.  86  revised,  1934,  310  §  2. 

Sect.  91A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 

Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  liability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933,  294. 

Sect.  4  amended,  1938,  44. 

Sect.  14  amended,  1935,  222. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies). 

Sect.  31  amended,  1939,  301  §  2. 

Sect.  33  amended,  1932,  180  §  32. 

Sect.  34  amended,  1937,  235  §  1.     (See  1937,  235  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  public 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  companies). 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  companies 
to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  fihng  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affihated  companies). 


Chaps.  165,  166.]  GENERAL   LawS.  1359 

Sect.  94,  paragraph  in  lines  29-37  amended,  1939,  178  §  1.  (See 
1939,  178  §  2.) 

Sect.  94A  amended,  1941,  400  §  1. 

Sect.  94B  amended,  1941,  400  §  2. 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  contracts, 
purchases,  sales  or  obhgations  or  other  arrangement  between  gas  or 
electric  companies  and  affiliated  companies,  and  the  burden  of  proving 
the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  delinquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  94E  added,  1941,  400  §  3  (relative  to  notice  of  the  termination 
of  certain  contracts  of  gas  and  electric  companies). 

Sect.  96  revised,  1939,  229  §  1. 
•  Sect.  102  revised,  1939,  229  §  2. 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115A  added,  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas);  amended,  1937,  40  §  1.  (See  1936,  259 
§§2,3;  1937,  40  §§  2,  3.) 

Sect.  119  revised,  1934,  365. 

Sect.  119 A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized) ;  revised,  1939,  145  §  1.  (See 
1936,  76  §  2;  1939,  145  §  2.) 

Sect.  124  amended,  1935,  237,  376  §  2. 

Sect.  124 A  added,  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 

Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 

Sect.  19  repealed,  1941,  275  §  1. 

Sect.  28  added,  under  caption  "general  provisions",  1941,  275  §  2 
(further  regulating  the  acquisition' and  holding  of  real  estate  by  water 
and  aqueduct  companies). 

Chapter   166.  —  Telephone   and   Telegraph   Companies,   and   Lines  for   the 
Transmission  of  Electricity. 

Sect.  12A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 

Sect.  15A  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 

Sect.  15B  added,  1939,  162  (authorizing  the  sale  and  transfer  of 
property  and  the  transfer  of  locations  by  domestic  telephone  and  tele- 
graph companies  to  domestic  or  foreign  telephone  and  telegraph  com- 
panies and  validating  certain  locations  so  transferred). 

Sect.  21  amended,  1939,  161. 

Sect.  22,  second  paragraph  amended,  1932,  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires) ;  revised,  1933,  251. 


1360  Changes  in  the  [Chap.  i67. 


Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  authorizing  the  commissioner  of  banks  to  bor- 
row within  two  j'^ears  from  March  30th,  1932,  funds  for  the  payment 
of  dividends  in  Uquidation  of  certain  closed  banks,  see  1932,  122;  time 
increased  to  four  years,  1934,  304;  time  further  increased  to  six  years, 
1936,  263;  act  amended,  1937,  371;  time  further  increased  to  eight 
years,  1938,  261;  time  further  increased  to  nine  years,  1939,  292;  time 
further  increased  to  eleven  years,  1941,  145  §  1. 

For  temporary  act,  providing  for  the  estabUshment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;   amended, 

1936,  149  §§  2-4;   1938,  125  §§  1,  2;   1939,  149  §§  2,  3;   1941,  78  §  2. 
For  temporary  act,  providing  for  the  estabhshment  of  a  fund  for  the 

insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1936, 
76,  80;   1936,  155;  1938,  244  §§2-5;  1939,  227  §§2-5. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;    amended  and  extended  to  July  1,  1939, 

1937,  240;    further  extended  to  July  1,  1941;  1939,  241;    further  ex- 
tended to  July  1,  1943,  1941,  260. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;  1941,  40. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939,  515;   1941,  143. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  defense  savings  bonds  and  defense 
postal  savings  stamps,  see  1941,  221,  575. 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251;   first  paragraph  amended,  1935,  452  §  2. 

Sect.  2A  added,  1933,  310  (improving  the  method  of  examination  of 
banks). 

Sect.  4  amended,  1934,  270  §  1. 

Sect.  5  revised,  1933,  337. 

Sect.  9  revised,  1939,  499  §  8. 

Sect.  11  revised,  1934,  270  §  2. 

Sect.  11 A  added,  1938,  266  §  1  (placing  all  corporations  conducted 
on  the  Morris  plan  under  the  supervision  of  the  commissioner  of  banks 
and  further  regulating  the  business  of  banking  companies). 

Sect.  12  revised,  1935,  452  §  3. 

Sect.  14  revised,  1933,  334  §  1. 

Sect.  17  repealed,  1933,  334  §  2. 

Sect.  20  amended,  1933,  190. 

Sect.  20A  added,  1933,  292  (permitting  certain  pubUc  officers  to  par- 
ticipate in  certain  bank  reorganizations). 

Sects.  22-36.     See  1934,  43  §  11. 

Sect.  22.     See  1933,  59  §  5,  112  §  7. 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,  294;   1933,  41  §  4. 

Sect.  31A  added,  1933,  277  (authorizing  payment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of  kin 


Chap.  168.]  GeNEEAL  LawS.  1361 

of  certain  deceased  persons  without  probate  proceedings);  revised, 
1937,  170. 

Sect.  35.     See  1936,  428. 

Sect.  35A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  liquidation  of  certain 
banks). 

Sect.  36  amended,  1939,  451  §  58. 

Sect.  48  added,  1939,  244  §  6  (relative  to  payments  of  moneys  on 
deposit  in  the  name  of  a  minor). 

Sect.  49  added,  1941,  444  (relative  to  adverse  claims  to  certain  bank 
deposits  and  to  certain  securities  held  by  banks  for  the  account  of 
others). 

Chapter  168.  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  term  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1 ;  term  extended  to  twenty-five  years,  1939,  149  §  1 ; 
act  amended,  1941,  78  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 

1936,  149  §§  2-A;   1938,  125  §§  1,  2;   1939,  149  §§  2,  3;   1941,  78  §  2. 
For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;   amended  and  extended  to  July  1,  1939, 

1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  ex- 
tended to  July  1,  1943,  1941,  260. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

For  temporary  act  modifying  the  requirements  for  making  certain 
railroad  bonds  legal  investments  for  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments,  see  1939,  87; 
1941,  115;   temporary  act  repealed,  1941,  413  §  11. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-oper- 
ate in  the  distribution  of  United  States  Defense  Savings  Bonds  and 
Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  1,  two  paragraphs  (defining  "deposit  book  [etc.]"  and  "savings 
bank")  added  at  end,  1933,  334  §  3. 

Sect.  2  revised,  1933,  334  §  4. 

Sect.  2A  added,  1933,  46  §  1  (authorizing  savings  banks  to  become 
members  of  the  Federal  Home  Loan  Bank  established  for  the  district 
of  New  England). 

Sect.  5.     See  1936,  143  §  2. 

Sect.  11  amended,  1933,  334  §  5. 

Sect.  13  amended,  1933,  334  §  6.     (See  1933,  41  §  1.) 

Sect.  17  revised,  1933,  334  §  7. 

Sect.  25  revised,  1933,  334  §  8. 

Sect,  25A  added,  1933,  334  §  8  (authorizing  the  collection  of  savings 
from  school  children  through  principals,  teachers,  etc.). 


1362  Changes  in  the  [Chap.  i7o. 

Sect.  26  revised,  1933,  334  §  9. 

Sect.  27  amended,  1933,  334  §  10. 

Sect.  28  revised,  1933,  334  §  11. 

Sect.  29  amended,  1933,  334  §  12. 

Sect.  33A  revised,  1933,  334  §  13. 

Sect.  33B  added,  1941,  103  (relative  to  the  sale  of  checks  by  savings 
banks). 

Sect.  34  revised,  1933,  334  §  14. 

Sect.  35  revised,  1933,  334  §  15. 

Sect.  44  amended,  1941,  186. 

Sect.  45  amended,  1933,  334  §  16. 

Sect.  47  revised,  1933,  334  §  17. 

Sect.  49  amended,  1933,  334  §  18;  1941,  105. 

Sect.  50  revised,  1933,  334  §  19. 

Sect.  51  revised,  1932,  245  §  1. 

Sect.  51A  revised,  1933,  334  §  20. 

Sect.  53  revised,  1933,  334  §  21. 

Sect.  54,  clause  First,  first  two  paragraphs  revised,  1933,  334  §  22; 
same  clause  revised,  1937,  180;  clause  Second,  subdivisions  (a),  (e)  and 
(/)  revised,  1933,  334  §  23;  subdivision  (h)  added,  1933,  334  §  24  (for- 
bidding investment  of  funds  in  bonds  or  notes  of  county,  etc.,  in  de- 
fault, and  defining  term  "in  default");  clause  Second  revised,  1941, 
413  §  1;  subdivisions  (a),  (b),  (c)  and  (d)  affected,  1939,  112  §  2;  clause 
Third  affected,  1933,  111;  1934,  79;  1935,  72  §§  1,  2;  1936,  84;  1937, 
56;  1939,  87;  1941,  115,  413  §  11;  subdivision  (p)  of  clause  Third 
revised,  1936,  79;  clause  Third  revised,  1941,  413  §  2;  clause  Fourth 
amended,  1932,  112;  stricken  out,  1941,  413  §  3;  clause  Fifth  revised, 
1941,  413  §  4;  clauses  Fifth  A-Fifth  D  added,  1941,  413  §  5;  clause 
Sixth  A,  first  paragraph  amended,  1937,  96;  clause  Sixth  A  revised, 
1941,  413  §  6;  clause  Seventh,  first  paragraph  amended,  1937,  87;  sec- 
ond paragraph  revised,  1932,  220;  clause  Seventh  revised,  1941,  413  §  7; 
clause  Ninth,  subdivision  (c),  paragraph  (2)  stricken  out,  1933,  334 
§  25;  subdivision  (d)  stricken  out,  1941,  413  §  8;  subdivision  (e),  para- 
graphs (2),  (3)  and  (5)  revised,  1933,  334  §  26;  paragraph  (6)  amended, 
1939,  244  §  5;  1941,  234;  clause  Tenth  A  added,  1941,  106;  clause 
Twelfth  amended,  1937,  274  §  2;  clause  Thirteenth  A  added,  1941,  107; 
clause  Fifteenth  revised,  1941,  413  §  9;  clause  Sixteenth  affected,  1933, 
111;  1934,  79;  1935,  72  §§  1,  2;  1936,  84;  1937,  56;  1939,  87;  1941, 
115,  413  §  11;   clause  Sixteenth  stricken  out,  1941,  413  §  10. 

Sect.  55,  paragraph  added  at  end,  1933,  334  §  27  (authorizing  the 
continuing  of  the  offices  of  a  merged  savings  bank  as  branch  offices  of 
the  continuing  bank). 

Sect.  56  added,  1933,  41  §  1  (authorizing  savings  banks  to  purchase, 
loan  upon  or  participate  in  loans  upon  the  assets  of  certain  closed  and 
other  banks). 

Sect.  57  added,  1933,  334  §  28  (authorizing  savings  banks  to  become 
members  of  savings  bank  associations). 

Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  estabhshing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to  ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral  fur- 


Chap.  170.]  GENERAL   LaWS.  1363 

ther  regulated,  1935,  136;  1941,  86;  term  further  extended  to  twenty- 
five  years,  1938,  244  §  1;  refunds  to  member  banks  regulated,  1939, 
227  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;  1936,  155;  1938,  244  §§2-5;  1939,  227  §§  2-5. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;    amended  and  extended  to  July  1,  1939, 

1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  extended 
to  July  1,  1943,  1941,  260. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

For  temporary  act,  authorizing  co-operative  banks  to  borrow  from 
any  source  to  make  real  estate  loans,  see  1936,  195;  duration  of  act 
extended,  1938,  81;  further  extended,  1939,  104. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

The  following  references  are  to  chapter  170,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  16  revised,  1932,  292  §  1. 

Sect.  19  amended,  1932,  292  §  2. 

Sect.  20A  added,  1932,  292  §  3  (authorizing  payment  to  spouse  or 
next  of  kin  without  administration  in  case  value  of  shares  does  not 
exceed  two  hundred  dollars). 

Sect.  36A  added,  1932,  292  §  4  (authorizing  and  regulating  borrow- 
ings to  meet  withdrawals  and  to  loan  against  shares). 

Sect.  40,  paragraph  added  at  end,  1932,  233  §  1. 

Sect.  41  amended,  1932,  233  §  2. 

Sect.  42  amended,  1932,  233  §  3. 

Sect.  45A  added,  1933,  46  §  2  (authorizing  co-operative  banks  to 
become  members  of  the  Federal  Home  Loan  Bank  established  for  the 
district  of  New  England). 

Sect.  50  added,  1932,  201  (authorizing  co-operative  banks  to  become 
members  of  certain  leagues). 

Chapter  stricken  out  and  new  chapter  inserted,   1933,   144. 
The  following  references  are  to  the  new  chapter  170: 

Sect.  7  amended,  1938,  162  §  1. 

Sect.  12  amended,  1936,  196  §  1;  1938,  159;   1941,  73. 

Sect.  16,  second  paragraph  revised,  1936,  196  §  2;   1938,  244  §  7. 

Sect.  17A  added,  1941,  116  (providing  for  the  temporary  suspension 
of  pajTiients  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). 

Sect.  23  revised,  1941,  76. 

Sect.  25,  sentence  added  at  end,  1935,  174. 

Sect.  32A  added,  under  heading  "other  authorized  payments", 

1938,  197  (permitting  acceptance  of  certain  payments  by  co-operative 
banks). 

Sect.  33  amended,  1935,  190. 
Sect.  34  amended,  1934,  203  §  1. 


1364  Changes  in  the  [Chap.  171. 

Sect.  35,  last  paragraph  stricken  out,  1934,  203  §  2. 

Sects.  36A-36D  added  under  caption  "direct-reduction  loans" 
(changing  and  making  permanent  the  law  authorizing  co-operative 
banks  to  make  direct-reduction  loans  on  real  estate  and  providing  for 
the  suspension  of  payments  thereon  by  persons  in  the  military  or  naval 
service  and  others),  1941,  293  §  1.  For  prior  temporary  legislation 
(repealed  by  1941,  293  §  2)  see  1935,  191;  1936,  203;  1937,  233;  1938, 
199. 

Sect.  39  amended,  1941,  77. 

Sect.  40  revised,  1941,  75. 

Sect.  44,  second  paragraph  revised,  1936,  159. 

Sect.  47  revised,  1935,  75;  1936,  133. 

Sect.  50,  first  paragraph  amended,  1935,  54;  1937,  174. 

Sect.  50A  added,  under  caption  "conversion",  1935,  215  (estab- 
lishing the  procedure  to  be  followed  by  a  co-operative  bank  in  con- 
verting into  a  federal  savings  and  loan  association);  first  paragraph 
amended,  1938,  162  §  2;  second  and  third  paragraphs  revised,  1938, 
244  §  6. 

Chapter  171,  —  Credit  Unions. 

For  temporary  act,  establishing  the  Central  Credit  Union  Fund,  Inc., 
for  the  term  of  five  years,  see  1932,  216;  amended,  1934,  221;  1939, 
112  §  2.  Term  extended  to  ten  years,  1936,  70.  Term  extended  to 
twenty  years,  1941,  177. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  ex- 
tended to  July  1,  1943,  1941,  260. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  De- 
fense Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  3,  second  paragraph  revised,  1936,  323. 

Sect.  5  amended,  1939,  112  §  1. 

Sect.  15,  last  sentence  stricken  out,  and  paragraph  added  at  end, 
1933,  163  §  1;  new  paragraph  added,  1935,  272;  paragraph  added  by 
1935,  272  revised,  1936,  329. 

Sect.  19A  added,  1938,  239  (relative  to  the  fiabifity  of  certain  en- 
dorsers upon  notes  held  by  credit  unions  and  authorizing  the  establish- 
ment of  contingent  funds  by  credit  unions);   revised,  1941,  79. 

Sect.  20A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  unions). 

Sect.  21  amended,  1933,  163  §  2;  1937,  228. 

Sect,  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3; 
first  four  paragraphs  and  subdivision  (A)  revised,  1941,  102. 

Sect.  29,  first  paragraph  revised,  1936,  139. 


Chap.  172.]  GENERAL  LaWS.  1365 


Chapter  172.  —  Trust  Companies. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240;  further  extended  to  July  1, 1941,  1939,  241;  further  extended 
to  July  1,  1943,  1941,  260. 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;  1941,  40. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939,  515;  1941,  143. 

Sect.  1  revised,  1934,  349  §  1. 

Sect.  7,  clause  Fourth  revised,  1934,  349  §  2. 

Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 

Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 

Sect.  11  revised,  1934,  349  §  5. 

Sect.  12  revised,  1934,  349  §  6. 

Sect.  13  revised,  1934,  349  §  7. 

Sect.  14  revised,  1934,  34&  §  8;   1935,  40;  amended,  1936,  143  §  1. 

Sect.  14A  added,  1934,  349  §  9  (relative  to  the  submission  of  a 
monthly  report  by  the  treasurer  of  a  trust  company  to  its  board  of 
directors);  subparagraph  3  stricken  out  and  subparagraphs  3  and  3A 
inserted,  1939,  244  §  1. 

Sect.  15  revised,  1934,  349  §  10. 

Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 

Sect.  18  revised,  1934,  349  §  12;  amended,  1935,  18. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end,  1937, 
248. 

Sect.  25  amended,  1934,  349  §  15. 

Sect.  26  amended,  1934,  349  §  16. 

Sect.  30A,  sentence  added  at  end,  1934,  349  §  17. 

Sect.  31  revised,  1934,  349  §  18;  last  sentence  amended,  1939,  124. 

Sect.  33  revised,  1941,  484  §  1.     (See  1941,  484  §§  4,  5.) 

Sect.  34  revised,  1934,  349  §  19;  1939,  244  §  2. 

Sect.  40  revised,  1941,  484  §  2.     (See  1941,  484  §§  4,  5.) 

Sect.  43  revised,  1934,  349  §  20;  1941,  484  §  3.    (See  1941,  484  §§  4, 5.) 

Sect.  44  revised,  1939,  187. 

Sect.  44 A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks). 

Sect.  45  revised,  1934,  349  §  21;  amended,  1939,  244  §  3. 

Sect.  46  revised,  1934,  349  §  22;  amended,  1939,  244  §  4. 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;  1935,  172  §  1. 

Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 

Sect.  57  revised,  1934,  349  §  25. 

Sect.  60  amended,  1934,  349  §  26. 


1366  Changes  in  the  [Chaps.  i72A,  175. 

Sect.  61  amended,  1933,  41  §  3. 

Sect.  62  amended,  1934,  349  §  27;  revised,  1941,  104. 

Sect.  66  revised,  1932,  245  §  2. 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  payment  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  §  29. 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  80  revised,  1934,  349  §  31  (but  see  1934,  349  §  32.) 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.     (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933,  87  §  1. 

Sects.  83,  88.     See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 


Chapter  172A.  —  Banking  Companies. 

New  chapter  inserted,  1935,  452,  §  4. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  1  revised,  1938,  266  §  2;  amended,  1941,  391  §  1.  (See  1941, 
391  §§  2,  3.) 

Sect.  1A  added,  1938,  266  §  3  (authorizing  certain  existing  corpora- 
tions to  vote  to  carry  on  the  business  of  a  banking  company  on  certain 
conditions). 

Sect.  2  amended,  1938,  266  §  4. 

Sect.  3  revised,  1938,  266  §  5. 

Sect.  4  amended,  1938,  266  §  6.  * 

Sect.  5,  first  paragraph  revised,  1938,  266  §  7. 

Sect.  6  revised,  1938,  266  §  9. 

Sect.  7A  added,  1938,  266  §  8  (relative  to  the  carrying  and  disposi- 
tion by  certain  existing  corporations  of  certain  assets  not  authorized  as 
investments  after  they  become  subject  to  this  chapter). 

Sect.  15  added,  1941,  438  (authorizing  banking  companies  to  sell  cer- 
tain negotiable  checks). 

Chapter  175.  —  Insurance. 

For  temporary  act,  authorizing  insurance  companies,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;    amended  and  extended  to  July  1,  1939, 

1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  affected,  1939, 
359;  further  extended  to  July  1,  1943,  1941,  260. 

For  temporary  act,  modifying  the  requirements  for  investments  in 
real  estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,98;   1941,40. 

Sect.  1,  paragraph  added  after  word  "law"  in  the  fifty-second  line, 

1938,  306  (defining  "resident"  with  respect  to  the  incorporators,  officers 
and  directors  of  insurance  companies). 


Chap.  175.]  GENERAL  LaWS.  1367 

Sect.  4,  first  paragraph  revised,  1938,  357  §  1;    fourth  paragraph 
amended,  1939,  472  §  4;  revised,  1941,  324. 
Sect.  5  amended,  1933,  107  §  2. 

Sect.  6,  first  paragraph  amended,  1933,  107  §  3;   section  amended, 
1939, 472  §  1 ;  first  paragraph  amended,  1939,  488  §  2.    (See  1939, 488  §  9.) 
Sect.  9,  clause  Second  revised,  1941,  326  §  1;  clause  Fourth  revised, 
1941,  326  §  2. 

Sect.  11,  first  paragraph  amended,  1934,  92  §  1;    third  paragraph 
amended,  1933,  5. 
Sect.  14  amended,  1939,  395  §  2;  revised,  1941,  635  §  3,  693. 
Sect.  16,  second  paragraph  amended,  1939,  395  §  3. 
Sect.  19A  amended,  1934,  137  §  2;  revised,  1941,  364  §  1. 
Sect.  19B  added,  1939,  375  (authorizing  domestic  insurance  com- 
panies to  merge  or  consolidate  with  foreign  insurance  companies  in  cer- 
tain cases);  revised,  1941,  364  §  2. 

Sect.  19C  added,  1941,  364  §  3  (relative  to  rights  of  stockholders  of 
merging  or  consolidating  corporations). 

Sect.  20,  new  paragraph  inserted  after  fifth  paragraph,  1941,  343. 
Sect.  22A  revised,  1935,  234;   last  paragraph  amended,  1938,  181. 
Sect.  25,  last  paragraph  of  Form  A  stricken  out,  1934,  12;  last  para- 
graph of  section  amended,  1934,  92  §  2. 
Sect.  29  revised,  1939,  167. 

Sect.  32  revised,  1938,  357  §  2:   amended,  1941,  342  §  1. 
Sect.  36,  second  paragraph  revised,  1935,  140;    1936,  61;   two  para- 
graphs added  at  end,  1938,  218  §  1. 

Sect.  47,  clause  First  revised,  1938,  176:  clause  Fourth  revised,  1938, 
307;  clause  Sixth  amended,  1941,  243;  clause  Seventh  amended,  1937, 
261;   clause  TweKth  revised,  1935,  204. 

Sect.  49,  paragraph  inserted  after  second  paragraph,  1939,  15  §  2; 
paragraph  contained  in  the  twenty-second  to  the  twenty-eighth  lines 
revised,  1941,  342  §  2;  last  paragraph  stricken  out,  1941,  342  §  3. 
Sect.  50,  third  sentence  amended,  1932,  180  §  33. 
Sect.  54,  clause  (e)  revised,  1939,  488  §  3.    (See  1939,  488  §  9.) 
Sect.  54 A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards);   amended,  1938,  198, 

Sect.  64,  second  paragraph  amended,  1936,  213;  paragraph  added  at 
end,  1941,  548. 

Sect.  72  amended,  1936,  212. 
Sect.  73,  first  paragraph  revised,  1939,  300  §  1. 
Sect.  77  amended,  1941,  365  §  1.    (See  1941,  365  §  2.) 
Sect.  79  revised,  1933,  23  §  1. 

Sect.  80,  paragraph  inserted  after  the  word  "classified"  in  the  twenty- 
third  fine,  1936,  315. 

Sect.  83,  paragraph  added  at  end,  1941,  716  §  5.     (See  1941,  723.) 
Sect.  85 A  added,  1941,  716  §  1  (providing  that  the  commissioner  of 
insurance  may  authorize  certain  domestic  mutual  insurance  companies 
to  issue  non-assessable  pohcies).     (See  1941,  723.) 
Sect.  87  repealed   1934  22. 

Sect.  90,  first  paragraph  amended,  1941,  716  §  2.    (See  1941,  723.) 
Sect.  90A  amended,  1939,  300  §  2. 
Sect.  90B  revised,  1933,  23  §  2. 


1368  •  Changes  in  the  [Chap.  175. 

Sect.  93,  first  paragraph  revised,  1939,  488  §  1;  1941,  654  §  1.  (See 
1939,  488  §  9.) 

Sect.  93B  revised,  1939,  488  §  4.     (See  1939,  488  §  9.) 

Sect.  93C  revised,  1939,  488  §  5.     (See  1939,  488  §  9.) 

Sect.  93D  revised,  1939,  488  §  6.     (See  1939,  488  §  9.) 

Sect.  93F  added,  1941,  716  §  3  (permitting  certain  domestic  mutual 
insurance  companies  to  issue  non-assessable  policies).     (See  1941,  723.) 

Sect.  94,  first  two  paragraphs  stricken  out,  and  two  new  paragraphs 
inserted,  1933,  81;  first  paragraph  amended,  1938,  218  §  2. 

Sect.  97  amended,  1933,  31. 

Sect.  99,  clause  Ninth  revised,  1934,  95. 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1.  (See  1932, 
174  §  2;  1934,  110  §  2.) 

Sect.  106  revised,  1932,  150  §  1;  amended,  1939,  400  §  1.  (See  1932, 
150  §  4.) 

Sect..  110,  sentence  added  at  end,  1939,  133;  section  amended,  1941, 
118. 

Sect.  IIOA  added,  1938,  401  (relative  to  exemption  of  the  benefits  of 
disabihty  insurance  from  attachment  and  execution). 

Sect.  HOB  added,  1939,  209  (relative  to  the  termination  or  lapsing  of 
certain  accident  and  health  policies  for  non-pavment  of  premiums). 

Sect.  113A,  provision  (2)  amended,  1933,  119  §  1,  revised,  1933,  145 
§  1;  provision  (2A)  added,  1933,  145  §  2,  amended,  1935,  296  §  1;  pro- 
vision (6)  revised,  1936,  272.    (See  1933,  145  §  3;   1935,  296  §  2.) 

Sect.  113B,  paragraph  inserted  after  first  paragraph,  1935,  459  §  4. 
(See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1;  sixth  paragraph  revised,  1933,  146  §  2,  amended, 
1934,  46;  first  sentence  of  sixth  paragraph  amended,  1938,  311;  para- 
graph added  at  end,  1933,  119  §  3;  paragraph  added  at  end,  1934,  379. 
(See  1933,  119  §  6,  146  §  3.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  liabihty  policies  or  bonds); 
amended,  1941,  401. 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  vehicle 
liability  policies  or  bonds,  so  called,  in  certain  cases);  first  paragraph 
amended,  1938,  351. 

Sect.  113G  added,  1939,  406  §  1  (relative  to  the  relations  of  officers, 
directors  and  employees  of  certain  domestic  insurance  companies  with 
certain  insurance  agencies  and  finance  companies).    (See  1939,  406  §  2.) 

Sect.  114  amended,  1932,  180  §  34;  1939,  225. 

Sect.  116A  amended,  1932,  180  §  35. 

Sect.  117A,  first  paragraph  amended,  1938,  216  §  1;  heading  before 
section  117A  stricken  out  and  "marine  and  automobile  and  sprinkler 
leakage  insurance"  inserted,  1938,  216  §  2. 

Sects.  125,  126.     See  1933,  42. 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1. 

Sect.  133,  clause  (6)  amended,  1938,  362  §  2;  clause  (c)  added,  1938, 
362  §  1. 

Sect.  134,  sentence  added  at  end  of  provision  numbered  4,  1938,  362 
§3;  said  provision  revised,  1939, 170;  1941,456;  last  paragraph  stricken 
out  and  three  new  paragraphs  inserted,  1938,  362  §  4. 


Chap.  175.]  GENERAL  LaWS.  1369 

Sect.  140,  third  paragraph  amended,  1933,  101  §  2. 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3;  first  three  para- 
graphs stricken  out  and  four  new  paragraphs  inserted,  1938,  209  §  1. 
(See  1938,  209  §  3.) 

Sect.  147  amended,  1938,  209  §  2. 

Sect.  147B  added,  1935,  232  (requiring  foreign  fife  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  pohcies  of  industrial  life  insurance  issued  in  the 
commonwealth). 

Sect.  151,  clause  Second  amended,  1933,  107  §  1;  clause  Second,  sub- 
division (3)  (c)  revised,  1939,  488  §  7;  clause  Second,  subdivision  (3)  (/) 
revised,  1939,  488  §  8.     (See  1939,  488  §  9.) 

Sect.  152A  added,  1941,  716  §  4  (relative  to  the  issue  by  certain 
foreign  mutual  insurance  companies  of  non-assessable  policies).  (See 
1941,  723.) 

Sect.  155,  clause  First  revised,  1932,  150  §  2,  amended,  1939,  400  §  2. 
(See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30. 

Sect.  157,  paragraph  added  at  end,  1939,  315;  section  revised,  1941, 
451. 

Sect.  160A  added,  1933,  25  §  1  (prohibiting  the  printing  or  publica- 
tion of  certain  advertisements  for  or  on  behalf  of  unlicensed  insurance 
companies). 

Sect.  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  publish  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies). 

Sect.  162,  third  paragraph  revised,  1941,  286. 

Sect.  163,  paragraph  added  at  end,  1941,  502. 

Sect.  164A  added,  1938,  225  (providing  that  no  insurance  agent  shall 
be  charged  with  a  decrease  or  deduction  from  his  commission  or  salary 
on  account  of  industrial  life  insurance  policies  lapsed  or  surrendered 
after  being  paid  on  for  three  years) . 

Sect.  167A  amended,  1934,  137  §  3;  1937,  260. 

Sect.  172,  last  sentence  revised,  1941,  703. 

Sect.  174C  added,  1941,  493  (relative  to  the  qualifications  and 
licensing  of  insurance  agents,  insurance  brokers  and  special  insurance 
brokers). 

Sects.  177A-177D  added,  1939,  395  §  1  (defining  and  providing  for 
the  licensing  of  insurance  advisers) . 

Sect.  177B,  second  and  third  paragraphs  stricken  out,  and  new  para- 
graph inserted,  1941,  635  §  1;  paragraph  added  at  end,  1941,  635  §  2. 

Sect.  178  amended,  1941,  450  §  2. 

Sect.  179,  sentence  added  at  end,  1939,  472  §  2;  section  revised,  1941, 
452. 

Sect.  180A  stricken  out,  and  new  sections  180A-180L  inserted,  1939, 
472  §  3  (relative  to  the  rehabilitation,  conservation  and  liquidation  of 
certain  domestic  and  foreign  insurers) . 

Sect.  181  revised,  1934,  160;  amended,  1939,  395  §  4. 

Sect.  184  amended,  1937,  103. 

Sect.  185,  first  paragraph  amended,  1939,  400  §  3;  second  paragraph 
revised,  1932,  150  §  3;  first  and  second  paragraphs  revised,  1941,  654 
§2. 


1370  Changes   in   the  (Chaps.  176-176B. 

Sect.  187C,  first  paragraph  amended,  1934,  34;  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instahnents) . 


Chapter  176.  —  Fraternal  Benefit  Societies. 

Sect.  3  amended,  1941,  336  §  1. 

Sect.  4  amended,  1939,  139. 

Sect.  5  amended,  1933,  25  §  2;  1934,  14  §  2. 

Sect.  12,  first  paragraph  revised,  1941,  310. 

Sect.  16  amended,  1938,  93. 

Sect.  18  revised,  1941,  336  §  2. 

Sect.  19A  added,  1939,  236  §  1  (relating  to  the  granting  of  annuities 
by  certain  fraternal  benefit  societies). 

Sect.  21  amended,  1934,  170;  revised,  1937,  79;  amended,  1939,  236 
§2. 

Sect.  22  amended,  1941,  336  §  3. 

Sect.  23  amended,  1932,  46;  1938,  94. 

Sect.  24  amended,  1941,  322. 

Sect.  25  revised,  1938,  157. 

Sect.  30  amended,  1941,  336  §  4. 

Sect.  36,  first  paragraph  amended,  1941,  336  §  5. 

Sect.  40,  first  two  sentences  amended,  1932,  180  §  36. 

Sect.  41  amended,  1939,  168. 

Sect.  45,  second  sentence  amended,  1939,  254  §  1 ;  second  paragraph 
amended,  1932,  104. 

Sect.  46,  fifth  paragraph  amended,  1939,  254  §  2;  paragraph  inserted 
after  third  paragraph,  1941,  274. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 
confirming  title  to  such  property  heretofore  acquired  by  certain  of  such 
societies). 

Sect.  46C  added,  1941,  397  (permitting  certain  fraternal  benefit  so- 
cieties to  contract  with  insurance  companies  for  the  payment  of  benefits). 

Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations. 

New  chapter  inserted,  1936,  409. 

Sect.  2,  second  sentence  amended,  1939,  312  §  7. 

Sect.  3  amended,  1939,  312  §  1. 

Sect.  4  amended,  1939,  312  §  2. 

Sect.  5  revised,  1939,  312  §  3. 

Sect.  7  amended,  1939,  312  §  4. 

Sect.  9  revised,  1939,  312  §  5. 

Sect.  11  added,  1939,  312  §  6  (relative  to  the  pajanent  of  salaries, 
compensation  or  emoluments  by  certain  non-profit  hospital  service  cor- 
porations). 

Chapter  176B.  —  Medical  Service  Corporations. 

New  chapter  inserted,  1941,  306. 


Chaps.  176C-185.]  GENERAL  LaWS.  1371 

Chapter  176C.  —  Non-Profit  Medical  Service   Plans. 

New  chapter  inserted,  1941,  334. 

Chapter  178.  —  Savings  Bank  Life  Insurance. 

Sect.  10  amended,  1935,  330  §  1. 
Sect.  11  amended,  1935,  330  §  2. 

Sect.  11 A  added,  1935,  330  §  3  (relative  to  non-payment  of  pre- 
miums on  annuity  and  certain  other  contracts). 
Sect.  15  amended,  1935.  330  §  4;  1936,  285  §  1. 
Sect.  17  revised,  1935,  330  §  5;   1939,  391  §  1.    (See  1939,  391  §  2.) 
Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 
Sect.  26  revised,  1932,  103. 

Sect.  29  amended,  1936,  285  §  3;  revised,  1941,  108  §  1. 
Sect.  30  amended,  1936,  285  §  4. 
Sect.  31  revised,  1941,  108  §  2. 

Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  5  amended,  1934,  328  §  21. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1. 

Sect.  11  revised,  1937,  151  §  2. 

Sect.  12A  amended,  1935,  246. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  fiUng  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations).  (See  1933,  236 
§"2.) 

Sect.  27  amended,  1934,  328  §  22. 

Chapter  183.  —  Alienation  of  Land. 

Sect.  4  revised,  1941,  85. 

Sect.  43  amended,  1937,  101  §  1. 

Sect.  44  amended,  1937,  101  §  2. 

Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  13  amended,  1937,  112;    revised,  1937,  245  §  1.     (See  1937, 

245  §  2.) 

Sect.  15  amended,  1941,  88  §  1.     (See  1941,  88  §  2.) 

Sect.  17A  added,  1939,  270  (relative  to  the  effect  of  agreements  for 

the  purchase  and  sale  of  real  estate). 

Chapter    185.  —  The   Land    Court   and    Registration    of   Title   to   Land. 

Sect.  1,  clause  (6)  revised,  1935,  318  §  3;  clause  (c)  revised,  1935, 
318  §  4;  clause  (j^)  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);  clause  (k)  revised,  1934,  67  §  1;  clauses  (l)  and  (m) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 


1372  CHANGES   IN  THE  [Chaps.  188-197. 

current  with  supreme  judicial  and  superior  courts  of  certain  suits  in 
equity);  paragraph  in  hnes  44-50,  inchisive,  revised,  1937,  183  §  1. 
(See  1934,  67  §  2;  1935,  318  §  8;  1937,  183  §  2.) 

Sect.  2  amended,  1937,  409  §  3.     (See  1937,  409  §  7.) 

Sect.  2A  repealed,  1937,  409  §  4.     (See  1937,  409  §  7.) 

Sect.  12,  sentence  added  at  end,  1941,  27. 

Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 
to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 

Sect.  40  amended,  1937,  118. 

Sect.  78  amended,  1937,  144  §  1.     (See  1937,  144  §  2.) 

Chapter  188.  —  Homesteads. 

Sect.  1  amended,  1939,  32  §  1.  (See  1939,  32  §  5.) 
Sect.  9  amended,  1939,  32  §  2.  (See  1939,  32  §  5.) 

Chapter  189.  —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.     (See  1936,  91  §  2.) 

Chapter  190A.  —  Effect  of  Apparently  Simultaneous  Deaths  uF>on  Devolu- 
tion and  Disposition  of  Property,  including  Proceeds  of  Insurance. 

New  chapter  inserted,  1941,  549  §  1.     (See  1941,  549  §  2.) 

Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 
Sect.  7.     See  1937,  408  §  3. 

Chapter  193.  —  Appointment  of  Administrators. 

Sect.  3  amended,  1938,  328. 

Chapter  194.  —  Public  Administrators. 

Sect.  7  revised,  1933,  100. 

Sect.  9,  last  sentence  amended,  1932,  180  §  38;    section  affected, 
1932,  180  §  45. 
Sect.  10.    See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.     (See  1933,  221  §  8.) 
Sect.  8  amended,  1933,  221  §  2.     (See  1933,  221  §  8.) 

Chapter   196.  —  Allowances  to  Widows  and   Children,   and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 

Chapter    197.  —  Payment    of   Debts,    Legacies    and    Distributive    Shares. 

Sect.  2  amended,  1933,  221  §  3.     (See  1933,  221  §  8.) 

Sect.  2A  added,  1939,  298  (establishing  limitations  applicable  to  suits 


Chaps.  200,  203A.]  GENERAL  LaWS.  1373 

against,  and  regulating  the  payments  of  debts  by,  administrators  de 
bonis  non). 
Sect.  9  amended,  1933,  221  §  4.     (See  1933,  221  §  8.) 

Chapter  200.  —  Settlement  of  Estates  of  Absentees. 

Sect.  12  revised,  1941,  399  §  1. 

Sects.  13  and  14  stricken  out  and  new  section  13  inserted,  1941, 
399  §  2. 

Chapter  201.  —  Guardians  and  Conservators. 

Sect.  6  amended,  1941,  194  §  13. 

Sect.  7  amended,  1941,  194  §  14. 

Sect.  13,  sentence  added  at  end,  1934,  204  §  1;  section  amended, 
1941,  194  §  15. 

Sect.  13 A  added,  1941,  325  (providing  for  the  removal  of  a  per- 
manent guardian  of  an  insane  person). 

Sect.  14  amended,  1941,  194  §  16. 

Sect.  18,  new  sentence  added  at  end,  1934,  204  §  2. 

Sect.  30  amended,  1939,  57. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  of 
minors  under  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  47A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  policies  and  annuity  con- 

Sect.  48A  revised,  1941,  241.      , 


Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Executors, 
Administrators,   Guardians  and  Conservators. 

Sect.  4 A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof). 

Sect.  12  amended,  1941,  194  §  17. 

Sect.  14  amended,  1934,  157  §  1. 

Sect.  19  amended,  1941,  341  §  1.     (See  1941,  341  §  2.) 

Sect.  20  revised,  1933,  221  §  5.     (See  1933,  221  §  8.) 


Chapter  203.  —  Trusts. 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17 A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by 
foreign  testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.     (See  1936,  184  §  2.) 

Sect.  25A  added,  under  the  heading  "purchase  of  insurance 
POLICIES  OR  ANNUITY  CONTRACTS",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  policies  and  annuity  contracts). 

Chapter  203A.  —  Collective  Investment  of  Small  Trust  Funds. 

New  chapter  inserted,  1941,  474. 


1374  Changes  in  the  [Chaps.  204-209. 


Chapter  204.  —  General  Provisions  relative  to  Sales,   Mortgages,   Releases, 
Compromises,  etc.,   by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.     (See  1933,  221  §  8.) 

Chapter  205.  —  Bonds  of  Executors,  Administrators,  Guardians,  Conserva- 
tors, Trustees  and  Receivers. 

Sect.  4  amended,  1941,  45  §  1. 
Sect.  5  amended,  1941,  45  §  2. 

Chapter   206.  —  Accounts   and   Settlements   of   Executors,   Administrators, 
Guardians,  Conservators,  Trustees  and  Receivers. 

Sect.  7  amended,  1941,  194  §  18. 
Sect.  16  amended,  1941,  36. 
Sect.  17  amended,  1936,  208. 
Sect.  19  repealed,  1938,  154  §  2. 
Sect.  23  repealed,  1938,  154  §  2. 
Sect.  24  revised,  1938,  154  §  1. 

Chapter  207.  —  Marriage. 

Sect.  5  amended,  1941,  194  §  18A. 

Sect.  7  revised,  1941,  270  §  1. 

Sect.  20  amended,  1933,  127. 

Sect.  20A  added,  1939,  269  §  3  (relative  to  the  duties  of  city  and 
town  clerks  in  the  case  of  the  filing  of  notices  of  intention  of  marriage  of 
pregnant  females). 

Sect.  20B  added,  1941,  601  §  1  (requiring  pre-marital  physical 
examination);  first  paragraph  amended,  1941,  697  §  1;  second  para- 
graph stricken  out  and  three  paragraphs  inserted,  1941,  697  §  2.  (See 
1941,  697  §  3.) 

Sect.  28  amended,  1941,  601  §  2.    (See  1941,  601  §  4.) 

Sect.  30  amended,  1937,  11  §  1.     (See  1937,  11  §  2.) 

Sect.  33  amended,  1941,  270  §  2. 

Sect.  38  revised,  1932,  162. 

Sect.  47A  added,  under  heading  "breach  of  contract  to  marry 
NOT  actionable",  1938,  350  §  1  (abolishing  causes  of  action  for  breach 
of  contract  to  marry).     (See  1938,  350  §  3.) 

Sect.  57  amended,  1941,  601  §  3.    (See  1941,  601  §  4.) 

Chapter  208,  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.     (See  1937,  76  §  2.) 

Sect.  19  revised   1932  3 

Sect!  21.  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2.) 

Sect.  33  revised,  1936,  221  §  1.     (See  1936,  221  §  2.) 

Sect.  38  revised,  1933,  288. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  21  amended,  1939,  32  §  3.     (See  1939,  32  §  5.) 
Sect.  32,  sentence  added  at  end,  1938,  136. 
Sect.  33  revised,  1933,  360. 


\ 


Chaps.  210-214.]  GENERAL  LaWS.  1375 


Chapter  210.  —  Adoption  of  Children  and  Change  of  Names. 

Sect.  1  amended,  1941,  44. 
Sect.  3  amended,  1941,  61. 

Chapter  211.  —  The  Supreme  Judicial  Court. 

Sect.  11  revised,  1933,  300  §  1.     (See  1933,  300  §  4.) 
Sect.  19  revised,  1938,  115  §  1. 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  January  1,  1941,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended,)  relative  to  the  more 
prompt  disposition  of  criminal  cases  in  the  superior  court,  see  1937, 
358;  further  extensions,  1939,  398;   1941,  576. 

For  act  relative  to  sittings  and  sessions  of  the  superior  court,  see 
1932,  144.    (For  prior  temporary  legislation,  see  1927,  306;   1928,  228.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation, 
see  1927,  306;  1928,  228.) 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  establishing  of  sessions 
and  sittings  of  the  superior  court).  (For  prior  temporary  legislation, 
see  1927,  306;  1928,  228.) 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  22  amended,  1934,  287. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved).  (See  1935, 
229  §  2.) 

Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sects.  1A  and  IB  added,  1939,  257  §  1  (granting  to  the  superior  court 
jurisdiction  of  certain  extraordinary  writs  and  certain  other  matters, 
concurrently  with  the  supreme  judicial  court).    (See  1939,  257  §  2.) 

Sect.  1A  amended,  1941,  28,  180. 

Sect.  6  amended,  1932,  144  §  5. 

Chapter  214.  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 

and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  2.    Affected,  1939,  257  §  2. 

Sect.  3,  clause  (12)  added  at  end,  1939,  194  §  1. 

Sect.  9  amended,  1934,  381;  1935,  407  §  3.  (See  1935,  407  §  6;  1937, 
436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  9A  added,  1935,  407  §  4  (limiting  authority  of  courts  to  grant 
injunctive  relief  in  cases  involving  or  growing  out  of  labor  disputes). 
(See  1935,  407  §  6;  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2.) 


1376  Changes  in  the  [Chaps.  215-218. 


Chapter  215.  —  Probate  Courts. 

Sect.  6  amended,  1933,  237  §  1;  revised,  1937,  257;  amended,  1939, 
194  §  2. 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments in  the  probate  courts  as  to  the  meaning  of  written  instruments). 
(See  1935,  247  §  2.) 
Sect.  30A  amended,  1934,  330. 

Sect.  44,  last  sentence  revised,  1941,  323  §  1.  (See  1941,  323  §  2.) 
Sect.  61  repealed,  1939,  65  §  1.  (See  1939,  65  §  2.) 
Sect,  62,  paragraph  in  lines  17-20  revised,  1932,  107;  1936,  241; 
paragraph  in  lines  29-33  revised,  1934,  24;  paragraph  in  lines  34-37 
amended,  1934,  54;  same  paragraph  revised,  1934,  175  §  1;  paragraph 
in  lines  45-51  revised,  1935,  132;  paragraph  in  lines  56  and  57  revised, 
1933,  274.     (See  1934,  175  §  2.) 

Chapter  217.  —  Judges  and  Registers  of  Probate  and  Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 

Sect.  1  amended,  1935,  434  §  1. 

Sect.  2  amended,  1934,  290;  1935,  434  §  2. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.     (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.    (See  1937,  408  §§  3,  9.) 

Sect.  8  revised,  1937,  408  §  5.     (See  1937,  408  §  9.) 

Sect.  24A  revised,  1939,  392. 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1;  1941, 
226  §  1.     (See  1935,  313  §  3;  1936,  252  §  2;  1941,  226  §  2.) 

Sect.  31A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  34  revised,  1937,  408  §  1.     (See  1937,  408  §  9.) 

Sect.  38  repealed,  1937,  408  §  2. 

Sect.  40  revised,  1937,  408  §  6.     (See  1937,  408  §  9.) 

Sect.  41  amended,  1937,  408  §  7;  1941,  503.    (See  1937,  408  §§  8,  9.) 


Chapter  218.  —  District  Courts. 

For  act  further  extending  to  January  1,  1941,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended,)  authorizing  certain 
justices  of  district  courts  to  sit  in  criminal  cases  in  the  superior  court, 
see  1937,  358;  further  extensions,  1939,  398;   1941,  576. 

For  legislation  limiting  the  number  of  special  justices  of  certain  dis- 
trict courts,  see  1941,  664. 

Sect.  1,  first  paragraph  under  caption  "Franklin''  revised,  1932, 
87  §  1;  section  amended,  1939,  451  §  59. 

Sect.  6,  first  paragraph  revised,  1941,  664  §  1.    (See  1941,  664  §§  2,  3.) 

Sect.  8  revised,  1936,  282  §  1.     (See  1936,  282  §  3.) 

*  Void  for  non-acceptance. 


Chaps.  219,  220.]  GENERAL   LaWS.  1377 

Sect.  9,  sentence  added  at  end,  1934,  217  §  1. 

Sect.  10  amended,  1932,  160  §  1;  1937,  297  §  1;  1938,  193  §  1;  last 
paragraph  revised,  1938,  222  §  1;  paragraph  added  at  end,  1941,  309  §  1. 
(See  1937,  297  §  2;   1938,  193  §  2,  222  §  2.) 

Sect.  13  revised,  1937,  59;  first  paragraph  stricken  out,  1939,  157  §  1. 
(See  1939,  157  §  4.) 

Sect.  15  revised,  1939,  230  §  1,  347  §  1.     (See  1939,  230  §  2.) 

Sect.  16  revised,  1937,  219  §  3;  1939,  214  §  5. 

Sect.  19  amended,  1934,  387  §  1.     (See  1934,  387  §  5.) 

Sect.  22  amended,  1937,  310. 

Sect.  26  revised,  1937,  301  §  1;  1938,  365  §  1.  (See  1937,  301  §  2; 
1938,  365  §  2.) 

Sect.  29  amended,  1932,  55. 

Sect.  30  amended,  1941,  194  §  19. 

Sect.  38,  second  sentence  revised,  1939,  347  §  2. 

Sect.  43  amended,  1939,  347  §  3. 

Sect.  43 A,  first  paragraph  amended,  1938,  324;  section  revised,  1941, 
682  §  1.     (See  1941,  682  §§  lA,  2.) 

Sect.  53,  paragraph  added  after  the  first  paragraph,  1936,  230. 

Sect.  58  revised,  1936,  282  §  2.     (See  1936,  282  §  3.) 

Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 

1935,  71  §  1;  1937,  298;  revised,  1939,  305;    amended,  1941,  309  §  3, 
348.     (See  1935,  71  §  2.) 

Sect.  63  revised  1935  341. 

Sect!  76  amended,  1932,  269  §  1;  1935,  366  §  1;  1937,  378  §  1;  re- 
vised, 1939,  451  §  60.     (See  1935,  366  §  3.) 

Sect  77  revised   1937  294 

Sect!  79  amended,  1941,  309  §  2;  revised,  1941,  447  §  2.  (See  1941, 
447  §§  4,  5.) 

Sect.  80,  sentence  added  at  end,  1935,  366  §  2;    section  amended, 

1936,  229  §  1;  1937,  37^8  §  2;  revised,  1941,  447  §  3.    (See  1935,  366  §  3; 
1936,  229  §  2;  1941,  447  §§  4,  5.) 

Sect.  81  revised,  1939,  296  §  1.     (See  1939,  296  §  3.) 

Chapter  219.  —  Trial  Justices. 

Sect.  28  amended,  1934,  328  §  23. 

Chapter  220.  —  Courts  and  Naturalization. 

Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 
trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 
courts  in  labor  dispute  cases).  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  14A  added,  1936,  206  §  1  (relative  to  the  time  within  which 
certain  justices  shall  render  their  decisions).    (See  1936,  206  §  2.) 

Sects.  16  and  17  repealed,  1932,  144  §  3. 

Sect.  19  repealed,  1932,  16. 

*  Void  for  non-acceptance. 


1378  Changes  in  the  [Chaps.  221-228. 


Chapter  221.  —  Clerks,  Attorneys  and  Other  Officers  of  Judicial   Courts. 

Sect.  4  amended,  1935,  89  §  1;  1937,  158  §  1.  (See  1935,  89  §  2; 
1937,' 158  §  2.) 

Sect.  5  amended,  1932,  51. 

Sect.  12  revised,  1937,  219  §  4;  1939,  214  §  6. 

Sect.  24  revised,  1936,  31  §  3. 

Sect.  27  revised,  1939,  157  §  2.     (See  1939,  157  §  4.) 

Sect.  27A  added,  1939,  157  §  3  (relative  to  the  disposal  of  certain 
obsolete  and  useless  papers  of  courts).    (See  1939,  157  §  4.) 

Sect.  43  revised,  1939,  197  §  1. 

Sects.  44A  and  44B  added,  1939,  197  §  2  (prohibiting  employees  and 
other  persons  connected  with  hospitals  from  furnishing  certain  infor- 
mation about  certain  personal  injury  cases  to  attorneys  at  law). 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals  not 
members  of  the  bar  from  practising  law  or  attempting  so  to  do  and  pro- 
viding a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  53  amended,  1939,  151. 

Sect.  58  amended,  1932,  40  §  1. 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  63  amended,  1939,  6  §  1.     (See  1939,  6  §§  2,  3.) 

Sect.  73  revised,  1935,  182  §  2;  1938,  347  §  2;  1941,  448  §  1.  (See 
1935,  182  §§  5,  6;  1938,  347  §  3;  1941,  448  §  3.) 

Sect.  73A  added,  1938,  347  §  2;  amended,  1941,  448  §  2.  (See  1938, 
:47  §3;   1941,448  §3.) 

Sect.  76  revised,  1935,  182  §  3;  first  sentence  stricken  out  and  two 
new  sentences  added,  1939,  258  §  1 ;  second  and  third  sentences  revised, 
1939,  165  §  2.    (See  1935,  182  §§  5,  6;  1939,  165  §  3,  258  §  2.) 

Sect.  80  amended,  1935,  182  §  4.     (See  1935,  182  §  6.) 

Sect.  94,  first  sentence  amended,  1932,  180  §  39. 

Chapter  223.  —  Commencement  of  Actions,  Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2.     (See  1934,  387  §  5.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two  or 
more  actions  arising  out  of  the  same  motor  vehicle  accident  pending  in 
district  courts).    (See  1935,  483  §§  2,  3.) 

Sect.  24  amended,  1938,  115  §  2. 

Sect.  38  amended,  1939,  451  §  61. 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment  of 
motor  vehicles  on  mesne  process  in  actions  of  contract). 

Sect.  48  revised,  1937,  308;  amended,  1938,  348  §  1.  (See  1938, 
348  §  2.) 

Sect.  114  amended,  1938,  325  §  1.     (See  1938,  325  §  2.) 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7;   revised,  1937,  406  §  1.    Affected, 
1938,  16.     (See  1933,  221  §  8.) 


Chaps.  229-231.]  GENERAL  LawS.  1379 


Chapter  229.  —  Actions  for   Death   and    Injuries   Resulting   in   Death. 

Sect.  2  amended,  1941,  460  §  1,  504  §  1. 

Sect.  3,  first  sentence  revised,  1941,  460  §  2;  section  amended,  1941, 
504  §  2. 

Sect.  5  amended,  1937,  406  §  3;  1941,  504  §  3. 

Sect.  5A  added,  1938,  278  §  1  (to  permit  recovery  in  certain  death 
cases  notwithstanding  that  the  death  of  the  tortfeasor  occurred  before 
that  of  the  person  whose  death  he  caused).    (See  1938,  278  §  2.) 

Sect.  6  amended,  1939,  451  §  62. 

Sect.  9  amended,  1941,  504  §  4. 

Chapter  230.  —  Actions  By  and  Against  Executors  and  Administrators. 

Sect.  5  amended,  1934,  116. 

Chapter  231.  —  Pleading  and  Practice. 

Sect.  6A  added,  1939,  372  §  1  (relative  to  the  recovery  of  certain 
medical  expenses  by  the  husband  of  a  married  woman  or  the  parent  or 
guardian  of  a  minor,  in  actions  to  recover  for  personal  injuries  by 
married  women  and  minors).    (See  1939,  372  §  2.) 

Sect.  7,  clause  Sixth  revised,  1939,  67  §  1.    (See  1939,  67  §  2.)     . 

Sect.  55  amended,  1935,  318  §  6.     (See  1935,  318  §  8.) 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 
FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 
advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1.     (See  1932,  177  §  2.) 

Sect.  73  repealed,  1932,  180  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).  (See 
1933,  247  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  Uability  bonds).     (See  1937,  439  §  2.) 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle);  amended,  1937,  133  §  1;  revised,  1938,  338  §  1;  first 
paragraph  amended,  1941,  203  §  1;  second  paragraph  amended,  1941, 
203  §  2.  (See  1934,  387  §  5;  1937,  133  §  2;  1938,  338  §  2;  1941,  203 
§3.) 

Sect.  108,  second  paragraph  revised,  1939,  382;  second  sentence  of 
third  paragraph  revised,  1933,  255  §  1.     (See  1933,  255  §  2.) 

Sect.  115  amended,  1939,  451  §  63. 

Sect.  133  amended,  1933,  300  §  2.     (See  1933,  300  §  4.) 

Sect.  135,  two  paragraphs  inserted  after  first  paragraph,  1941,  187 
§  1.     (See  1941,  187  §  2.) 


1380  Changes   in  the  [Chaps.  233-236. 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 
accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action). 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4. 
(See  1933,  300  §  4;   1934,  387  §  5.) 

Sect.  142  amended,  1935,  318  §  7.     (See  1935,  318  §  8.) 

Sect.  145  amended,  1939,  451  §  64. 

Sect.  147,  Form  8  repealed,  1938,  350  §  2. 


Chapter  233.  —  Witnesses  and  Evidence. 

Sect,  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other 
assistant  in  his  department). 

Sect.  8  amended,  1933,  269  §  3,  376  §  3. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law 
securing  the  attendance  of  witnesses  from  without  a  state  in  criminal 
proceedings).     (See  1937,  210  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  26  amended,  1932,  71  §  1. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932,  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Sect.  65  amended,  1941,  363  §  1.    (See  1941,  363  §  2.) 

Sect.  76A  added,  1938,  213  §  1  (relative  to  the  use  of  authenticated 
copies  of  certain  papers  and  documents  filed  with  the  federal  securities 
and  exchange  commission).     (See  1938, '213  §  2.) 

Sect.  79  revised,  1941,  389  §  2. 

Sect.  79A  added,  1941,  662  §  2  (relative  to  the  use  in  evidence  of 
photographic  and  microphotographic  records  and  copieS). 

Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;  1936,  25.  (See  1935,  257  §  12.) 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.  (See  1936,  161  §  3.) 

Sect.  24  amended,  1941,  90. 

Chapter  236.  —  Levy  of  Executions  on  Land. 

Sect.  18  revised,  1939,  32  §  4.     (See  1939,  32  §  5.) 


Chaps.  239-255.]  GENERAL  LaWS.  1381 


Chapter  239.  —  Summary  Process  for  Possession  of  Land. 

Sect.  1  amended,  1941,  242  §  1. 

Sect.  6 A  added,  1941,  242  §  2  (relative  to  conditions  of  bonds  in 
actions  of  summary  process  for  recovery  of  possession  of  land  after 
tax  title  foreclosures). 

Sects.  9-13  affected,  1941,  700. 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declaratoiy  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations). 

Chapter  244.  — .Foreclosure  and  Redemption  of  Mortgages. 

For  legislation  concerning  judicial  determination  of  rights  to  exercise 
powers  of  sale  to  foreclose  real  estate  mortgages  in  which  soldiers  or 
sailors  may  be  interested,  see  1941,  25. 

Chapter  246.  —  Trustee  Process. 

Sect.  1  revised,  1938,  303  §  1.  (See  1938,  303  §  2.) 
Sect.  28  revised,  1935,  410  §  1;  1941,  338  §  1.  (See  1935,  410  §§  2, 
3;  1941,  338  §  2.) 
Sect.  32,  paragraph  added  at  end,  193^,  343. 

Chapter  249.  —  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sect.  5  amended,  1938,  202. 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.     (See  1933,  244  §  2.) 

Chapter  255.  - —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1,  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions). 

Sect.  3  amended,  1935,  86  §  2. 

Sects.  7A-7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of 
crops  and  certain  other  classes  of  personal  property). 

Sect.  13  amended,  1941,  285. 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles).     (See  1935,  348  §  2.) 

Sects.  11-13A  revised,  1939,  509  §  1. 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Sect.  13C  revised,  1938,  367. 


1382  Changes  in  the  [Chaps.  255A-263. 

Sects,  13C  and  13D  stricken  out,  and  new  sections  13C-13G  inserted, 
1939,  509  §  2. 

Sect.  13H  added,  1941,  468  (relative  to  conditional  sales  of  textile 
and  other  machinery,  seats  for  theatres  and  other  places  of  public 
assembly,  and  parts,  accessories,  appliances  and  equipment  therefor). 

Sect.  35  amended,  1938,  83  §  1.     (See  1938,  83  §  2.) 

Chapter   255A.  —  Trust   Receipts   and   Pledges   without   Possession   in   the 

Pledgee. 

New  chapter  inserted,  1936,  264. 

Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41. 

Chapter  260.  —  Limitation  of  Actions. 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9.  (See 
1933,  318  §  9;  1934,  291  §  6;  1937,  385  §  10.) 
Sect.  10,  sentence  added  at  end,  1937,  406  §  2. 

Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.     (See  1937,  44  §  2.) 

Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  2  revised,  1939,  345  §  1.     (See  1939,  345  §  3.) 

Sect.  4,  seventh  paragraph  amended,  1937,  188;  seventh  to  tenth 
paragraphs  stricken  out,  1939,  345  §  2.     (See  1939,  345  §  3.) 

Sect.  5  amended,  1933,  201. 

Sect.  25  amended,  1933,  162;  1934,  141. 

Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21. 

Sect.  34A  added,  1938,  380  (authorizing  the  charging  of  certain  fees 
by  city  and  town  clerks  or  registrars  for  the  expense  of  the  examination 
or  copying  by  them  of  records  of  births,  marriages  and  deaths). 

Sect.  38,  second  paragraph  amended,  1937,  97. 

Sect.  39,  paragraph  added  at  end,  1939,  13. 

Sect.  40  revised,  1934,  324  §  1.     (See  1934,  324  §  2.) 

Sect.  46A  added,  1938,  232  (to  provide  for  furnishing  without  charge 
copies  of  records  relating  to  soldiers,  sailors  and  marines  in  certain 
cases). 

Sect.  53  amended,  1936,  251. 

Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 
charged  with  crimes  not  punishable  by  death  by  permitting  them  to 
waive  indictment  proceedings). 

Sect.  6  amended,  1933,  246  §  1.     (See  1933,  246  §  2.) 


Chaps.  264-269.]  GENERAL  LawS.  1383 


Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;   amended,  1933,  153  §  3;    1934,  56;   re- 
vised, 1941,  117  §  1.    (See  1941,  117  §  2.) 
Sect.  lOA  revised,  1933,  276. 

Chapter  265.  —  Crimes  against  the  Person. 

Sect.  25  revised,  1932,  211. 
Sect.  26  amended,  1934,  1. 

Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1. 

Sect.  2  revised,  1932,  192  §  2. 

Sects.  3  and  4  repealed,  1932,  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (defining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised,  1932,  192  §  6. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  22  amended,  1935,  365. 

Sect.  37  revised,  1937,  99. 

Sect.  52  amended,  1934,  270  §  3. 

Sect.  54.    See  1933  59  §  3. 

Sect!  70  amended,  1933,  245  §  4;  1939,  144  §  2;  1941,  217  §  3. 

Sects.  75A  and  75B  added,  1932,  11  (penalizing  the  fraudulent  opera- 
tion of  slot  machines,  coin-box  telephones  and  other  coin  receptacles, 
and  the  manufacture 'and  sale  of  devices  intended  to  be  used  in  such 
operation). 

Sect.  94  amended,  1939,  451  §  65. 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers). 

Sect.  123  revised,  1941,  344  §  27. 

Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jury  service). 
Sect.  16  revised,  1934,  344;  last  sentence  stricken  out,  1941,  344  §  28. 
Sect.  26  amended,  1934,  328  §  24. 
Sect.  27  amended,  1934,  328  §  25. 
Sect.  29  amended,  1934,  328  §  26. 
Sect.  33  amended,  1935,  440  §  44;  1941,  71. 

Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1.  (See 
1936,  227  §  2;  1937,  250  §  2.) 

Sect.  lOB  added,  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns). 


1384  Changes  in  the  [Chaps.  270-273. 

Sects.  IIA-UD  added,  under  caption  "tampering  with  identify- 
ing NUMBERS  OF  CERTAIN  FIREARMS ",  1937,  199  (relative  to  certain 
firearms,  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obliterated  or  mutilated). 

Chapter  270.  —  Crimes  against  Public  Health. 

Sect.  5  amended,  1934,  328  §  27. 

Chapter  271.  —  Crimes  against  Public  Policy. 

Sect.  6A  added,  1938,  144  (making  certain  endless  chain  transactions 
subject  to  the  laws  relative  to  lotteries). 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283 

Sect.  23  amended,  1934,  235  §  3,  303  §  1. 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 

Sect.  43  added,  1941,  630  §  4  (imposing  a  penalty  for  the  misuse  of 
information  relative  to  recipients  of  general  public  assistance,  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind). 

Chapter  272.  —  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  25  revised,  1933,  376  §  4. 

Sect.  26  amended,  1939,  451  §  66. 

Sect.  28  amended,  1934,  231. 

Sect.  66  amended,  1939,  451  §  67. 

Sects.  79A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See  1934, 
234  §  2.) 

Sect.  80  repealed,  1934,  234  §  1.     (See  1934,  234  §  2.) 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationality  by  places  of  public  accommodation,  resort  or 
amusement) . 

Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138. 

Sect.  98A  added,  1938,  155  §  1  (entitling  blind  persons  accompanied 
by  "seeing  eye"  dogs,  so  called,  to  certain  accommodations,  advantages, 

etc.). 

Sect.  98B  added,  1941,  170  (to  prevent  discrimination  in  employment 
on  pubhc  works  and  projects  and  in  the  dispensing  of  public  welfare 
because  of  race,  color,  religion  or  nationality). 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 

Chapter  273.  —  Desertion,   Non-support  and   Illegitimacy. 

Sect.  1  amended,  1939,  177  §  1.     (See  1939,  177  §  2.) 
Sect.  2  amended,  1933,  224. 


Chaps.  275-277.]  GENERAL  LaWS.  1385 

Sect.  9  repealed,  1938,  219  §  1. 
Sect.  10  revised,  1938,  219  §  2. 
Sects.  20-22.  See  1937,  440  §  2;  1941,  597  §  1,  729  §  2. 


Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 


Chapter  276.  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Eleventh 
amended,  1934,  235  §  1. 

Sect.  3  amended,  1934,  340  §  15.     (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants). 

Sect.  7  amended,  1934,  235  §  2. 

Sects.  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  FRESH  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 

Sects.  11-20  and  caption  "fugitives  from,  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
interstate  rendition",  1937,  304  §  1.     (See  1937,  304  §§  2,  3.) 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of 
counsel  to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at 
his  preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277,  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  57,  paragraph  added  at  end,  1939,  299  §  4. 

Sect.  83  revised,  1936,  360;  amended,  1937,  186. 

Sect.  83 A  added,  1941,  677  §  1  (providing  that  certain  district  courts 
may  join  in  the  appointment  of  probation  officers  to  act  exclusively 
in  juvenile  cases  therein). 

Sect.  84  revised,  1937,  219  §  5;   1939,  214  §  7. 

Sect.  87  amended,  1941,  264  §  2. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2;  paragraph  added  at 
end,  1941,  477  §  1. 

Sect.  90  amended,  1938,  174  §  3. 

Sect.  94  amended,  1939,  155;  revised,  1939,  296  §  2.  (See  1939, 
296  §  3.) 

Sect.  97  revised,  1941,  677  §  2. 

Sect.  98  amended,  1932,  145. 

Sect.  101  amended,  1936,  30  §  1.     (See  1936,  30  §  2.) 


Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.     (See  G.  L.  chapter  276 
§  37A,  inserted  by  1932,  180  §  43.) 
Sect.  50  repealed,  1936,  161  §  1.     (See  1936,  161  §  3.) 


1386        Changes  in  the  General  Laws.    [Chaps.  278-280. 


Sect.  65  amended,  1936,  161  §  2.     (See  1936,  161  §  3.) 
Schedule  of  forms  of  pleadings  at  end  of  chapter  amended, 
1934,  328  §  29. 

Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  25  amended,  1937,  311. 

Sect.  29  revised,  1939,  271  §  1.     (See  1939,  271  §  2.) 

Sect.  33  amended,  1933,  265. 

Sect.  33E  amended,  1939,  341. 

Chapter  279.  —  Judgment  and  Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  first  paragraph 
amended,  1938,  354;  second  paragraph  amended,  1936,  434  §  2;  1939, 
299  §  5.     (See  1934,  205  §  3;   1935,  358  §  2.) 

Sect.  1A  amended,  1934,  205  §  2.     (See  1934,  205  §  3.) 

Sect.  3A  amended,  1935,  50  §  2,  437  §  2.     (See  1935,  50  §  6,  437 

g     Q    \ 

Sect.  4  revised,  1935,  50  §  3,  437  §  3.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  9  amended,  1932,  221  §  2. 

Sect.  11  amended,  1934,  328  §  28. 

Sect.  43  revised,  1935,  50  §  4,  437  §  4.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  44  revised,  1935,  50  §  5,  437  §  5.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  45  revised,  1935,  437  §  6.  (See  1935,  437  §  8.) 

Chapter  280.  —  Fines  and  Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;   sentence  added 
at  end,  1935,  303  §  1.     (See  1934,  364  §  3;  1935,  303  §  2.) 
Sect.  6  revised,  1937,  251  §  1.     (See  1937,  251  §  2.) 


2II|?  ©ommomuFalllj  of  MmBtitl\iXBtttB 


Office  of  the  Secretary,  Boston,  April  15,  1942. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are 
true  copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Joint  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edition, 
chapter  3,  section  51,  as  amended  by  Acts  of  1939,  chapter  508,  section  7. 

FREDERIC  W.  COOK, 

Secretary  of  the  Commonwealth. 


INDEX.* 


A. 

Abatement,  taxes,  of  (see  Taxation). 

water  rates  and  charges,  of     ......  . 

Abington,  town  of  (see  Cities  and  towns). 
Absentees,  estates  of,  settlement  of,  further  regulated    . 
Absent  voting,  ballots  and  other  documents  used  in,  envelopes  to 
contain,  preparation  of,  further  regulated 
right  to  vote  by,  certain  conditions  of,  further  liberalized 
voters,  by,  who  by  reason  of  physical  disability  are  unable  to  vote 
in  person,  proposed  amendment  to  constitution  providing 
for      .......... 

ACADEMIES: 

Gushing  Academy,  number  of  trustees  of,  relative  to 
Dean  Academy,  use  by,  of  name  of  Dean  Academy  and  Junior 
College,  authorized       ....... 

Acceptance,  statutes,  of  (see  Statutes). 

Accessory  after  the  fact,  defense  of  relationship  in  prosecutions  as, 

etc.,  investigation  relative  to  .  .  .        Resolve 

appropriation  ........ 

Accident  and  health  insurance  (see  Insurance,  classes  of  insur- 
ance, accident  and  health). 
Accident  insurance  (see  Insurance). 

Accidents,  industrial,  department  of  (see  Industrial  accidents,  de- 
partment of).         _ 
workmen,  to,  compensation  for  (see  Workmen's  compensation). 

Accountants,  public,  registration  of,  appropriations 

Accounts,  cities  and  towns,  of  (see  Municipal  finance). 


claims,  and,  unclassified,  appropriations  . 


Chap. 

Item  or 
Section. 

380 

6.7 

399 

1.2 

333 

279 

1.2 

Page  1230 

193 

244 

48 
683 

0217 

419 


f 


counties,  of  (see  County  finance). 

director  and  division  of  (see  Corporations  and  taxation,  depart- 
ment of), 
public  (see  County  finance;    Municipal  finSnce;   State  finance). 
ACTIONS,   CIVIL: 

corporations,  business,  against,  liability  for,  in  case  of  merger 

and  consolidation  of  such  corporations  .       _  . 
death,  for,  damages  in,  method  of  assessing  and  minimum  amount 

recoverable,  study  relative  to         .  .  .       Resolve 

executors    or    administrators,    by,    methods    available    and 

amounts  recoverable    ....... 

judgment  and  execution  in  actions  of  summary  process,  stay  of, 

relative  to  .  .  .  .  .  .  . 

libel  and  slander,  for,  investigation  relative  to  .        Resolve 

military  or  naval  service  as  affecting  certain     .... 

summary  process  for  possession  of  land  (see  Summary  process 

for  possession  of  land) . 
tort  actions  arising  out  of  operation  of  motor  vehicles,  removal 

from  district  courts  to  superior  court,  bond,  filing  of,  in, 

not  required  in  certain  cases  ..... 

time  of  making  application  for  .  .  .  .  . 

trustee  process  in  actions  upon  judgments,  investigation  relative 

to       .......  .       Resolve 

See  also  Appeals;  Attachment;   Equity;  Evidence;  Executions 

in  civil  actions;  Practice  in  civil  actions;  Trustee  process. 


419 


683 

730 


514 

40 
/460 
1604 

700 

38 

708 


203 
203 


17 


1414-01, 
1414-02 

2805-01  to 
2820-06, 

2970-07 
2805-01  to 

2820-07 
2805-01  to 

2820-06 


2 
2-4 


1-S 
19-22 


2,3 
1.3 


*  For  Acts  passed  at  Special  Session  in  January,  1942,  see  pages  1237  to  1265;  and  for 
index  to  said  Acts,  see  pages  immediately  following  this  index. 


1390 


Index. 


Acts  and  resolves,  blue  book  edition  of,  appropriations 

number  passed  by  general  court      ...... 

pamphlet  edition  of,  appropriations  .  .  .  .         . 

vetoed  by  governor        ........ 

See  also  Laws;  Statutes. 
Adams,  town  of  (see  Cities  and  towns). 

Adjuster  of  Are  losses,  term,  more  fully  defined    .  .  .  . 

Adjustment,  fire  losses,  of,  relative  to  .  .  .  .  . 

Adjutant  general  (see  Militia). 
Administration,  estates  of  deceased  persons,  of  (see  Estates  of  de- 

ceasea  persons). 
ADMINISTRATION   AND   FINANCE,   COMMISSION   ON: 


in  general,  appropriations     . 


Chap. 

/419 
\683 


/419 
1683 


286 
703 


419 

683 

730 
564 


Item  or 
Section. 

0503-01 

0503-01 

Pages  1234, 

1266 

0503-01 

0503-01 

Pages 

1234-1236 


allotment  of  certain,  powers  and  duties  as  to      . 

Danvers  state  hospital,  sale  of  water  to,  by  town  of  Danvers, 
to  investigate  relative  to       .  .  .  .        Resolve 

employment  security,  division  of,  publications  of,  subject  to 
approval  of  .  .  .  . 

Massachusetts  emergency  commission,  officers  and  employees 
of,  fixing  of  compensation  of,  approval  by       . 

offices  and  positions,  classified  service  of  commonwealth, 
under,  classification  and  salary  ra,nges  of,  survey  of, 
report  to     .  .  .  .  .  .        Resolve 

postmaster  and  assistant  postmaster  of  central  mailing  room, 
positions  of,  placed  under,  etc.       ..... 

public  health,  distribution  of  antitoxins,  serums,  etc.,  by  state 
department  of  public  health,  for  preservation  of,  in  na- 
tional emergencies,  approval  by     . 

state  camp  ground,  so  called,  in  Framingham,  sale  of,  etc., 
to  act  with  armory  commission  relative  to      . 
budget  commissioner,  appropriations,  certain,  allotment  of, 
as  affecting  certain  powers  and  duties  of 

fiscal  year  of  commonwealth,  change  in,  as  affecting  certain 
powers  and  duties  of    . 
chairman,  horse  and  dog  racing  meetings,  revenue  of  common- 
wealth from,  special  commission  to  investigate  and  study 
as  to,  to  be  member  of  ...  .        Resolve 

insurance  companies,  insolvent,  certain  records  of,  deposited 
with  commissioner  of  insurance,  disposition  of,  powers 
and  duties  as  to  .  .  .  .  . 

taxes  on  publicly  held  property,  loss  of,  and  certain  school  ex- 
penses, reimbursement  of  municipalities  for,  special  com- 
mission to  investigate  as  to,  to  be  member  of         Resolve 
comptroller,  appropriation  .  .  .  . 

cigarette  tax,  temporary,  powers  and  duties  as  to 

Civilian  Conservation  Corps,  operations  of,  portion  of  proceeds 
of  sales  of  state  forest  products  resulting  from,  payment  to 
United  States,  certification  as  to,  by  commissioner  of  con- 
servation to         .......  . 

civil  service  positions,  rosters  of,  and  the  incumbents  thereof, 
filing  with,  etc.    .  .  .  .  .  .  .  . 

employment  security  law,  certificates  that  foreign  corporations 
or  non-residents  have  paid  contributions  under,  filing 
with  .......... 

escheated  estates  of  certain  deceased  persons,  balances  of, 
payment  from  state  treasury,  statements  as  to  fees  for 
legal  services  in  connection  with,  filing  with   .     Resolves  68,  79 

fiscal  year  of  commonwealth,  change  in,  as  affecting  certain 
powers  and  duties  of    . 

funds,  certain,  held  by  division  of  child  guardianship,  disposi- 
tion of,  duties  as  to      .  .  .  . 

interstate  co-operation,  commission  on,  bills  and  vouchers  of, 

certification  by    .......  .     394 


83 
685 


719 


86 
433 


612 
463 


564 
656 


96 


450 


80 
419 
417 


94 
165 


685 


656 
618 


0415-01  to 
0415-22, 
2940-01 

0415-05  to 
0415-13 

Page  1159 
1 


1,  Subs.  63 

2 

1-4 

1-3 
1 

2,  3,  10,  17 


0415-02 
6,  13,  14 


1,  Subs.  19 


2,  7,  17 


Index. 


1391 


ADMINISTRATION   AND    FINANCE,    COMMISSION    ON  — 

Concluded. 
comptroller  —  Concluded. 

motor  vehicles  carrying  passengers  for  hire,  inquests  involving, 

reporting  of  evidence  at,  to  department  of  public  utilities, 

bill  for,  filing  with         ....... 

occupational  guidance  and  placement,  directors  of,  employed 

in  towns,  certification  of,  to 
old  age  assistance,  so  called,  state  reimbursement  of  cities  and 

towns  for,  accounts  as  to,  certification  by        .  .  . 

payments,  certain,  by  commonwealth,  agreements  as  to 
fees  for  legal  services  in  connection  with,  filing  of, 
with  ........      Resolves 

Quabbin  reservoir,  use  by  additional  municipalities  for  water 
supply  purposes,  etc.,  expenses  of  special  commission  to 
investigate  as  to,  certification  by  .  .  .        Resolve 

state  tax,  apportionment  and  assessment  of,  duties  as  to 
tax  titles,  loans  to  cities  and  towns  on  account  of,  notes  to  be 
issued  by  commonwealth  to  provide  funds  for,  counter- 
signing by  ........ 

personnel  and  standardization,  director  of,  civil  service  ex- 
aminations, restriction  of,  either  to  male  or  to  female  per- 
sons in  certain  cases,  approval  by  .... 

unemployment   compensation,   division   of,   reclassification 

of  offices  and  positions  in,  by         . 

division  of,  classified  service  of  commonwealth,  offices  and 

positions  under,  classification  and  salary  ranges  of,  survey 

of,  by  .  .  .  .  .  .  .        Resolve 

maps,  state,  printing  of  certain,  no  longer  subject  to  super- 
vision of     ........  . 

partially  disabled  state  employees,  employment  of,  approval 

by 

state  purchasing  agent,  appropriation  .... 

Administrative  committee,  district  courts,  of,  other  than  munici- 
pal court  of  city  of  Boston,  appropriations 
established  and  powers  and  duties  thereof  defined 
probation  officers,  to  act  exclusively  in  juvenile  cases  in  dis- 
trict courts,  appointment  of,  etc.,  powers  and  duties  as  to 
temporary,  for  district  courts,  appointment  of,  approval  by 
probate  courts,  of,  appropriation     ...... 

Administrative    court,    establishment    of,    investigation    relative 
to       .      •    .  .  .  .  .  .  .       Resolve 

appropriation     .  .  .  .       _  . 

Administrators  (see  Executors  and  administrators). 
Administrators  de  bonis  non  (see  Executors  and  administrators). 
Adoption  of  children,  consent  of  parents  and  others  to 
minors,  by,  of  their  natural  children,  petitions  for     . 

Adult  education,  Enghsh  speaking  classes,  appropriations 

Adult  hygiene,  division  of  (see  Public  health,  department  of). 
Adverse  claims,  bank  deposits,  certain,  to,  and  to  certain  securities 

held  by  banks  for  the  account  of  others,  relative  to 
Advisory  board  of  education  (see  Education,  department  of). 
Advisory   board   of   immigration   and   Americanization    (see 

Education,  department  of). 
AERONAUTICS    COMMISSION,  MASSACHUSETTS: 

airport    approaches,    municipal    regulations,    etc.,    relative    to, 

approval  by         .......  • 


Chap. 


499 
1 676  I 

729 
26,  46, 
65,  69. 
63,64, 
68,  76, 
77,  79, 
88,94 


91 
731 


129 

721 
517 

85 
428 


Item  or 
Section. 


2,  Subs. 
38B,  38E 


1.6 
2 

1.2 


419 
/419 
\730 

682 

0415-03 

0304-01 

0304-01 

1-2 

677 
477 
419 

1 
1 

0307-01 

49 
683 

0218 

61 
44 

419 

1301-55, 
1301-64, 
1301-65 

appropriations 


Bedford  airport,  so  called,  lands  necessary  to  be  acquired  for, 
certification  to  department  of  public  works,  by 

Boston  airport,  so  called,  certain  improvements  at,  powers  and 
duties  in  connection  with      ...... 

powers  of,  further  regulated   .  .  .  . 


444 


637     5, 
419  I 
683 
730  { 

268 

695 
695 


Subs.  40A 
0442-01, 
0442-02 
0442-01 
0442-01. 
0442-02 


7 
13 


1392 


Index. 


Aged  persons,  adequate  assistance  to  (see  Old  age  assistance,  so 
called). 

Agents,  insurance  (see  Insurance,  agents). 

Agricultural  carriers,  motor  vehicle,  by,  supervision  and  control  of 

Agricultural  commodities,  surplus,  acceptance  of,  by  common- 
wealth, and  distribution  under  federal  food  stamp  plan, 
authorized  ........ 

Agriculture,  federal  funds  for  benefit  of,  distribution  of,  study  rela- 
tive to,  etc.      ......        Resolve 

appropriation      ........ 

See  also  Farm  equipment  and  produce. 

AGRICULTURE,  DEPARTMENT    OF: 


in  general,  appropriations 


advisory  board,,  agriculture,  federal  funds  for  benefit  of,  dis- 
tribution of,  stxudy  relative  to,  by,  etc.  .  .        Resolve 
appropriation           ........ 

appropriation    ......... 

livestock    diversification   in    commonwealth,    possibilities   of, 

investigation  relative  to,  by  .  .  .        Resolve 

commissioner,  bovine  animals,  dealing  in  and  transportation 

of,  etc.,  rules  and  regulations  as  to,  approval  b5' 

commercial  fisheries,  publications  to  promote  interests  of,  act 

providing  for  distribution  by,  repealed  .... 

milk  control  board,  to  be  chairman  of  .  •     .     .- 

ruffed  grouse,  hunting  of,  board  to  determine  limits  for,  to  be 
member  of  .  .  .  .  .  .  . 

state  advisory  forest  committee,  and  regional  committees,  to 
be  member  of      .      '    . 
divisions,  etc.,  of: 

in  general,  directors  of,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service,  as  affecting 

dairying  and  animal  husbandry,  appropriations 

director,  dairy  farms,  certificates  of  registration  for,  issuing 
and  renewing  by,  fees  for      ...... 

livestock  disease  control,  appropriations        .... 

director,  Bang's  abortion  disease,  so  called,  certain  cattle 
affected  with,  blood  tests  for,  rules  and  regulations  as 
to,  making  by  .  .  .  .  .         _  . 

inspectors  of  animals  in  cities  and  towns,  nomination  and 

appointment  of,  powers  and  duties  as  to      . 
licensing  by,  of  persons  dealing  in  and  transporting  bovine 
animals  .  .  .  .  .  .         _.  _        . 

swine,  inoculations  Oi,  against  hog  cholera  administered  by 
fees  for        ........ 

markets,  appropriations      . 

milk  control,  creation  of,  under  supervision  of  milk  control 
board,  etc.  ....... 

See  also  Milk  control  board. 

plant  pest  control  and  fairs,  appropriations  .... 

reclamation  board,  state,  appropriation  .... 

Aid,  state  and  military  (see  State  aid,  military  aid  and  soldiers' 
relief) . 
state,  and  pensions,  commissioner  of  (see  State  aid  and  pensions, 

conmiissioner  of). 
See  also  Mothers  with  dependent  children,  aid  to;    Old  age  as- 
sistance, so  called;    Poor  and  indigent  persons;    Public 
welfare. 
Aid  and  relief,  division  of  (see  Public  welfare,  department  of). 
Aircraft,  common  carriers  by,  rates  for  transportation  of  persons  or 
property  by,  regulated  ...... 


Chap. 


ro4 


634 


56 
683 


419 
683 
730 

56 
683 
419 

27 

607 

598 
691 

599 

644 

596 
419 

683 

374 
419  I 

173 
162 
607  1, 

375 

419  I 

691 

|419{ 

1683 
419 


Item  or 
Section. 


1-4 

1.2 
0219 


0901-01  to 
0910-01 

0905-01  to 
0910-01 

0906-01  to 
0906-03 


0219 
0901-11 


1,  Subs.  39 

4 

1,  Subs.  7 

2,  Subs.  61 

2 


15 

0905-01  to 
0905-03 

0905-01  to 
0905-03 


0907-01  to 
0907-07 


Subs.  39,  40 


0908-01  to 
0908-03 


0909-01  to 
0909-21 
0909-02 
0910-01 


713 


Index. 


1393 


Airport,  Bedford,  so  called,  appropriations 


Chap. 

/683 
•  \730 

establishment  of,  etc.,  acquisition  of  land  for,  in  towns  of/  268 
Bedford,  Concord  and  Lincoln,  authorized      .  .  .  \  650 

Boston,  so  called,  appropriations     ......     730  < 

improvements  made  by  city  of  Boston  at,  determination  of 

values  of,  etc.,  pro%dding  for  .  .  .        Resolve         8 

land,  certain,  acquired  for  purposes  of,  ceding  to  United  States 

of  jurisdiction  over       .......       15 

transfer  of,  to  commonwealth,  authorized,  providing  for  im-  f  695 
provement  thereof,  etc.  .  .  .  .  .  .  \  728 

Weymouth,  town  of,  in,  acquisition  of  land  for,  by  said  town, 

and  lease  or  conveyance  of  same  to  United  States  .  .         7 

Worcester,  city  of,  borrowing  of  money  by,  for  construction  of    .       24 

Airport  management,  bureau  of,  establishment  of      .  .  .     695 

Airports,  in  general,  changes,  certain,  in  laws  relative  to  .  .     695 

publicly  owned,  approaches  to,  protection  of    .  .  .  .     537 

property,   certain,   held  by   a   city  or  to-nci  in  another  city 
or  town  for  purposes  of,  exemption  of,  from  taxation, 

etc .  .     440 

Air  raid  wardens,  borrowing  of  money  for  equipment,  etc.,  for,  by 

cities  and  towns  .......     487 

Air  raid  warnings,  etc.,  for  civilian  defense,  regulations  as  to         .     719 
Alcohol,   laws  relating  to,   etc.,   investigation  and  study  relative 

to       .......  .       Resolve       60 

appropriation  .  .  .  .  .    _      .  .      _    .     683 

temporary  additional  excise  upon  sale  of  certain,  time  during 

which  to  be  imposed,  extension  of  ....     339 

ALCOHOLIC   BEVERAGES: 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of : 
analysis  by  state  department  of  public  health,  certain  forms 

for  use  in  connection  with,  furnishing  of  .  .  .     199 

appeals  to  commission  in  case  of  refusal  to  transfer  locations 

of  licenses,  etc.    .  .  .  .  .  .  .  .     578 

Christmas  day,  sale  between  one  o'clock  ante  meridian  and 
one  o'clock  post  meridian  on,  of,  to  be  drunk  on  premises, 
prohibited  .  .  .  .       '  .  .  .  .     356 

cider  of  certain  alcoholic  content,  application  to,  of  laws  re- 
lating to,  and  imposing  an  excise  on  such  cider        .  .     637 
common  victuallers'  licenses,  transfer  of  locations  of,  etc.      .     578 
excise  payable  to  commonwealth,  temporary  additional,  time 

during  which  to  be  imposed,  extension  of        .  .  .     339 

fees,  commission,  l-eceived  by,  use  of    .  .  .  .  .     729 

transfers  of  locations  of  licenses,  not  required  in  cases  of      .     578 
innholders'  licenses,  transfer  of  locations  of,  etc.     .  .  .     578 

laws    relating    to,    investigation     and    study    relative     to, 

etc.  .......       Resolve       60 

appropriation      ........     683 

licenses  and  permits: 

number  of,  in  cities  and  towns,  further  regulated         .  .     522 

renewal  of,  not  to  be  refused  because  of  loss  in  population    .     522 
transfers  of  locations  of  .  .  .  .  .  .  .     578 

locations  of  licenses,  transfers  of  .....     578 

sales,  retail,  to  be  drunk  on  premises,  Christmas  day,  between 

certain  hours  on,  prohibited  .....     356 

taxation  (see,  supra,  excise  payable  to  commonwealth). 

transfers  of  locations  of  licenses  ......     578 

ALCOHOLIC   BEVERAGES    CONTROL   COMMISSION: 

analysis  of  alcoholic  beverages,  certain  forms  for  use  in  connec- 
tion with,  furnishing  by        .  .  .  .  .  .199 

appropriations       .........     419  i 

fees,  received  by,  use  of  •       .  .  .  .  .  .  .     729 

secretary  of,  act  promoting  equality  of  compensation  for  posi- 
tions in  state  service,  as  affecting  ....     596 

transfers  of  locations  of  licenses  for  sale  of  alcoholic  beverages, 

powers  and  duties  as  to         .  .  .  .  .  .     578 

See  also  Alcoholic  beverages. 
ALDERMEN: 

collectors  of  taxes,  etc.,  bonds  of,  powers   and  duties  as  to  .     308 


Item  or 
Section. 

2220-07 

3132-14 

1-4 

3132-14, 
3133-14 


1,2 

1-12,  16 

1 

1-3 

1,2 

14 

13-15 

1-8 


1-3 

4,8 


0220 


1-3 


13 


0220 


0417-01, 

0417-02 

13 


1394 


Index. 


ALDERMEN  —  Concluded. 

horse  and  dog  racing  meetings  at  which  pari-mutuel  system  of 
betting  is  permitted,  location  of  tracks  for  holding  of,  ap- 
proval by,  not  required  in  case  of  such  meetings  held  in 
connection  with  a  state  or  county  fair    .  .  . 

insane  persons,  permanent  guardians  of,  removal  of,  petitions 
for,  by,  etc.  ........ 

marine  fish  and  fisheries,  powers  and  duties  as  to      . 

military  emergency,  safety  of  commonwealth  in  time  of,  powers 

and  duties  as  to 
See  also  City  councils;   Mayor  and  aldermen. 

Alewife  brook,  storm  overflow  conduits  along,  construction,  etc. 

Alewives  (see  Fish  and  fisheries). 

Aliens,  housing  authorities  prohibited  from  accepting,  as  tenants  of 
low-rent  housing  projects      .  . 

hunting  of  birds  or  mammals  by,  prohibited     .... 

Allotment,  appropriations,  certain,  of,  providing  for 

Allyn,  Stewart  R.,  conveyance  of  certain  land  to,  by  city  of  Hol- 
yoke  in  exchange  for  land  from  said  Allyn 

Amendments,  constitutional  (see  Constitution  of  commonwealth). 

American  Board  of  Psychiatry  and  Neurology,  Incorporated, 
physicians  certifying  to  insanity  to  be  diplomate  in  psy- 
chiatry of,  when,  etc.  ....... 

American  College  of  Surgeons,  medical  service  plans,  non-profit, 
law  providing  for,  as  affecting        ..... 

American  elm,  designated  as  the  state  tree  .... 

Americanization,  immigration  and,  division  of  (see  Education, 
department  of). 

American  Legion,  The,  flag  of  United  States  or  of  Massachusetts 
belonging  to  a  post  or  department  of,  staffs  bearing,  at- 
tachment to,  of  streamers  having  certain  inscriptions 
thereon,  authorized,  etc.        ...... 

Amesbury,  town  of  (see  Cities  and  towns). 

Amherst,  town  of  (see  Cities  and  towns) . 

Water  Company,  water  supply  of,  relative  to,  and  purchase  and 
operation  thereof,  by  town  of  Amherst  .... 

Ammunition  depot,  naval,  acquisition  by  United  States  of  cer- 
tain lands  in  counties  of  Norfolk  and  Plymouth  for,  con- 
sent of  commonwealth  to,  etc.        ..... 

Amusement,  places  of,  tickets  to,  sale  and  resale  of,  persons  finan- 
cially interested  in  such  places  prohibited  from  engaging 
in,  in  certain  cases        ....... 

women  and  children  employed  at  certain,  certain  provisions  of 
forty-eight  hour  law,  so  called,  not  to  apply  to      .  . 

Anadromous  fish  (see  Fish  and  fisheries ;  Game  and  inland  fisheries) . 

Animal  husbandry,  dairying  and,  division  of  (see  Agriculture, 
department  of ) . 

Animals,  Bang's  abortion  disease,  affected  with,  control  of  importa- 
tion of         .  .  . 
bovine,  transportation  and  sale  of,  further  regulated 
inspectors  of,  in  cities  and  towns,  nomination  and  appointment  of 

reimbursement  of  certain  towns  for,  appropriation 
See  also  Cattle;    Dogs;    Game  and  inland  fisheries;    Livestock; 
and  under  specific  titles  of  animals. 

Annisquam  river,  bridge,  high  level,  over,  in  city  of  Gloucester, 
construction  of    .  .  .  .  .  .  . 

improvement  by  commonwealth,  federal  government  and  city 
of  Gloucester       ......        Resolve 

Annual  sessions  of  general  court  and  annual  budget,  pro- 
posed amendment  to  constitution  restoring     . 

Annuities,  soldiers  and  others,  of,  appropriations 

See  also  Retirement  systems  and  pensions. 
Antitoxins,  etc.,  distribution  of,  in  national  emergencies 
Apartments  (see  Housing  authorities;  Housing,  state  board  of). 
Apiaries,  inspection  of,  appropriation   .... 
APPEAL,   BOARDS   OF: 

fire  insurance  rates,  on,  appropriation 

merit  system  for  certain  officers  and  employees  of  local  boards 
of  public  welfare,  in  relation  to      . 


Chap. 

295 
325 
698  ^ 

719 
720 


Item  or 
Section. 


1,  Subs. 

62-65, 

.  73,  76,  94,  97 

4,5 

1 


269  1, 2 
699  2,  Subs.  61,62 
664         1.2 

289 


646 


334 
121 


117 


1 

Subs.  1,  5 


1.2 


321 

1-6 

702 

_l-4 

247 

574 

173 
607 
162 
419 

1.2 
0907  08 

/613 
\660 

86 

[419 

683 

.730 

Page  1231 
2805-01 
2805-01 
2805-01 

612 

419 

0901-21 

419 

1104  01 

402 

1 

Index. 


1395 


APPEAL,  BOARDS  OF  —  Concluded. 

motor  vehicle  liability  policies  and  bonds,  on,  appropriations 

tax  appeals  (see  Appellate  tax  board). 
Appeals,  alcoholic  beverages  control  commission,  to,  upon  refusals 
to  grant  transfers  of  location  of  licenses,  etc. 

superior  court,  to,  cigarette  tax  law,  under        .... 

supreme  judicial  court,  to,  record  transmitted  in,  contents  of 

zoning  laws,  municipal,  under  ...... 

APPELLATE   TAX   BOARD: 

appropriations       ......... 

banks,  closed,  real  estate  in  which  such  banks  or  any  subsidiary 

thereof  have  an  interest,  appeals  relative  to,  to 
cigarette    tax,    temporary,    commissioner   of   corporations    and 

taxation,  decisions  of,  in  respect  to,  appeals  from,  to 
clerk  and  assistant  clerks  of,  tenure  of  office     .... 

commissioner  of  corporations  and  taxation,  decisions  of,  relating 
to  classification  of  certain  corporations  on  lists  furnished 
to  assessors,  appeals  from,  to  ....  . 

employees,  certain,  of,  act  promoting  equality  of  compensation 

for  positions  in  state  service,  as  affecting 
forest  lands,   classified,   refusal  of  assessors  to   abate   tax  on, 

appeal  from,  to   . 
meals  tax,  so  called,  determination  by  commissioner  of  corpora- 
tions and  taxation  of  amounts  due  from  certain  persons 
in  connection  with,  appeals  from,  to       . 
Apple  Island,  Boston  harbor,  in,  city  of  Boston  authorized  to  transfer 
certain  interests  in,  in  connection  with  turning  over  of 
Boston  airport  to  commonwealth  .... 

Apple  pest  control,  provision  for,  appropriation   .... 

Apprentice  training,  division  of,  appropriation    .... 

establishment,  powers,  duties,  etc.        ..... 

temporary  commission  on,  expenses,  appropriation  . 
Approaches,  publicly  owned  airports,  to,  protection  of  . 
Appropriations,  cities  and  towns,  by  (see  Municipal  finance). 

counties,  for  maintenance  of  certain,  etc.  .... 


state  departments,  boards,  commissions,  institutions,  etc.,  for 
maintenance  of,  etc.     ....... 


allotment  of,  providing  for  ...... 

See  also  specific  titles  of  departments,  boards,  commissions, 
institutions;  State  finance. 
Aqueduct  companies,  real  estate,  acquisition  and  holding  by 
Arbitration,  conciliation  and,  board  of  (see  Labor  and  indus- 
tries, department  of). 
Architects,  board  of  registration  of,  appropriation 

established  and  practice  of  architecture  regulated 
engineers  and  land  surveyors,  registration  of,  law  providing  for, 
not  applicable  to  .  .  .  .  . 

Archives,  Massachusetts,  reproduction  of  manuscript  collection, 
appropriation      ........ 

Arlington,  town  of  (see  Cities  and  towns). 


Item  or 

Chap. 

Section. 

419  { 

1103-02, 
2970-02 

683 

1103-02 

.730 

1103-02 

578 

417 

8 

187 

1.2 

198 

1-3 

419/ 

1204-01, 
1204-02 

683  / 

1204-01. 

1204-02 

145 

2 

/417 
\715 

4,  7,  14 

11 

381 

726 

1.2 

596 

24 

652 

1,  Subs.  2 

729 

17,  Subs.  7 

695 

10 

419 

0908-03 

730 

1605-01 

707 

1-3 

419 

1601-21 

637 

1-8 

r628- 

1680 

1 

1-4 

2 

1.2 

33 

1,2 

144 

1-4 

147 

1-4 

151 

1.2 

210 

1.2 

222 

1.2 

417 

18 

419 

1-4 

622 

1.2 

683 

1-4 

,730 

1-3 

664 

1.2 

275 


730 
696 


643  2, 
419 


Armories,  appropriations 


Chicopee,  city  of,  erection  in,  investigation  relative  to     Resolve 
East  Boston,  erection  in,  investigation  relative  to      .       Resolve 


419 


,730 

Resolve         4 

4 


1.2 


1413-01 
1-4 

Subs.  81A 

0502-01 

0406-04. 

0406-05, 

0409-24 

Page  1168 


1396  Index. 

Item  or 
Chap.  Section. 

Armories  —  Concluded. 

Lowell,  city  of,  land  in,  acquisition  by  commonwealth  for  pur- 
poses of      ........  .     550 

appropriation  ........     683  0409-25 

Melrose,  city  of,  erection  in,  investigation  relative  to       Resolve         4 
Orange,  town  of,  in,  easement  in  certain  land  at,  granting  to 

said  town  for  sewerage  purposes    .  .  .        Resolve       16 

Revere,  city  of,  erection  in,  investigation  relative  to       Resolve         4 
superintendent  of,  appropriation      ......     419  0405-02 

Webster,  town  of,  erection  in,  investigation  relative  to    Resolve         4 
See  also  Militia. 
ARMORY   COIMMISSION: 

appropriations 419  |         ^04(?9-^09 

general  officer  of  land  forces  to  be  appointed  to  act  in  certain 

cases  as  a  member  of   .  .  .  .  .  .  .19 

investigation    by,    relative    to    erection    of    armory    in    Chico- 

pee     ........        Resolve         4 

relative  to  erection  of  armory  in  East  Boston         .        Resolve         4 
relative  to  erection  of  armory  in  Melrose       .  .        Resolve         4 

relative  to  erection  of  armory  in  Revere        .  .        Resolve         4 

relative  to  erection  of  armory  in  Webster      .  .        Resolve         4 

Lowell,  city  of,  certain  land  in,  acquisition  for  armory  purposes  by    550 

appropriation 683  0409-25 

Orange,  town  of,  granting  to,  by,  of  an  easement  in  certain  state 

land  for  the  construction,  etc.,  of  a  sewer  therein     Resolve       16 
state  camp  ground,  so  called,  in  Framingham,  sale  of,  etc.,  to 
act  with  commission  on  administration  and  finance  rela- 
tive to 403  1-3 

See  also  Militia. 
Arms  (see  Firearms). 

Army  and  Navy  Legion  of  Valor  of  the  United  States,  The, 
national  convention  of,  in  1942,  representation  of  com- 
monwealth at,  if  held  in  Boston     .  .  .        Resolve       32 

appropriation 683  0441-08 

Army,  navy  and  marine  corps  of  the  United  States  (see  Mili- 
tary and  nava!   service  of  the   United  States;    Soldiers, 
sailors  and  marines;   Veterans). 
Arrests,  cigarette  tax  law,  violations  of,  for  .....     417  8 

Arsenal,  superintendent  of,  appropriations (too  nfRf~R} 

I  oocJ  U4UO-UI 

ART    COMMISSION: 

appropriations       ......... 

Duryea,  Charles  E.,  tablet  in  honor  of,  acceptance  by  common- 
wealth and  placing  thereof  in  state  house,  powers  as 
to       .......  .        Resolve       21 

house  chamber  and  lobby,  etc.,  in  state  house,  repairs  and  im- 
provements of,  approval  by  ...        Resolve       61 

Massachusetts  State  Guard,  tablet  or  memorial  commemorating 
services  of,   procuring  and   placing   of,   in  state   house, 
by      .......  .       Resolve      39 

Art,  Massachusetts  school  of  (see  Massachusetts  school  of  art) 

Assessments,  betterment,  interest  on,  reduction  of 

ASSESSORS   OF   TAXES: 

abatements  of  taxes  by,  records  of  .....     209  • 

refusal,  etc.,  of,  in  case  of  real  estate  in  which  a  closed  bank  or  *■ 

any  subsidiary  thereof  has  an  interest,  appeals  from  145  2 

assistant  assessors,  compensating  of,  incurring  of  liabilities  in  i 

cities  in  anticipation  of  appropriations  for  purpose  of         .93  V 

county,  city  and  town  retirement  systems,  supervision  of  by  i 

commissioner   of   insurance,   expense   of,    assessment   of  ^ 

taxes  for,  by        .......  .     584  2  ♦ 

estates  of  persons,  collection  of  taxes  from,  which  persons  were  * 

relieved  therefrom  for  lack  of  ability  to  pay  or  otherwise,  1 

duties  as  to  .......  .     227 

expenditures  by  cities  and  towns  in  co-operation  with  federal  gov- 

erninent  prior  to  passage  of  annual  budget,  extension  of 

act  imposing  certain  duties  as  to,  on       .  .  .  .       58 

forest  fires,  forest  patrols  for  prevention  of,  assessment  of  taxes 

for  cost  of,  by 688 

forest  lands  and  forest  products,  classified,  taxation  of,  powers 

and  duties  as  to  .......     652 


/419  0424-01 

\683  0424  01 


/595 

1724  1,2    • 


Index.  1397 


Item  or 
Chap.  Section. 

ASSESSORS    OF  TAXES  —  Concluded. 

Highway  Fund,  portion  of,  received  by  cities  and  towns  for  high- 
way purposes,  inclusion  by,  as  an  estimated  receipt  and 
deduction  from  amount  required  to  be  raised  by  taxation 
for  highway  purposes  .......     420  2 

income  taxes,  certain,  proceeds  of,  payable  to  cities  and  towns, 

inclusion  by,  as  an  estimated  receipt     ....     331  4 

real  estate,  parcels  of,  which  are  separately  assessed,  information 

relative  to,  furnishing  of,  to  collectors  of  taxes  by   .  .     573  1 

retirement  systems,  contributory,  in  certain  towns  under  ten 

thousand  population,  certain  duties  as  to        .          .          .     377 
state  tax,  apportionment  and  assessment  of,  duties  as  to   .  731  2,  3,  6,  7 
tax  titles  and  items  included  in  tax  title  accounts  not  to  be  held 
to  be  invalid  by  reason  of  any  error  or  irregularity  occur- 
ring in  proceedings  of,  etc.,  if  not  substantial  or  mis- 
leading         84  1, 2 

water  rates  and  charges,  powers  and  duties  as  to       .  .  .     380  3,  4,  7 

See  also  Taxation,  local  taxes. 
Assignees,  motor  carrier  certificates,  permits,  etc.,  transfer  of,  upon 

application  of      .......  .     483  3 

Assignees  in  insolvency,  accounting  to,  by  receivers  of  estates  of 

absentees    .  .  .  .      ' 399  1, 2 

Assistance,  old  age  (see  Old  age  assistance,  so  called). 
Associations,  motor  vehicles  and  trailers  owned  by  certain,  exemp- 
tion from  law  providing  for  excise  on  registered  motor 

vehicles,  etc 718  1,  2 

Associations,    partnerships   and   trusts   having   transferable 

shares,  income  received  by,  taxation  of  .  .  .     331  1 

shareholders,  lists  of,  etc.,  filing  with  commissioner  of  corpora- 
tions and  taxation  by  .  .  .  .  .  .331  3 

stocks,  bonds,  etc.,  of,  investments  in,  by  trust  companies  in 
their  commercial  departments,  uniformity  in  respect  to, 
act  providing       ........     484  1-5 

Atlantic,  salmon  (see  Fish  and  fisheries). 

seaboard,  fisheries,  marine,  shell  and  anadromous  along,  better 
utilization  of,  compact  relative  to,  between  common- 
wealth  and  certain  other  states,   approval,   ratification, 

etc 489  1-5 

appropriation  ........     683  1004-90 

Atlantic  States  Marine  Fisheries  Commission,  creation,  appoint- 
ment of  membei;g,  powers,  duties,  etc.    ....     489  2-5 

appropriation    .........     683  1004-90 

Attachment,  property,  of,  exemption  from,  of  fraternal  benefit  so- 
ciety benefits,  law  providing  for,  not  applicable  to  indebt- 
edness  charged    against   member's   certificate   for  loans 
granted       .........     336  4 

investigations  relative  to,  etc.,  by  judicial  council  .        Resolves  7,  17 
treasurers,  city  and  town,  actions  or  suits  against,  in,  certain 

certificates  in  connection  with,  filing,  etc.        .  .  .99 

trustee  process,  by  (see  Trustee  process). 

[  2,  Subs. 

Attendants,  (nursing),  schools  for,  approving  authority  for,  estab-  X^n  J       15A-15D; 

lished,  powers  and  duties  of,  etc.  .  .  .  .  •  J  I  3,  Subs. 

[        81A-81C 
Attleboro,  city  of  (see  Cities  and  towns). 
ATTORNEY    GENERAL: 

airport  approaches,  municipal  regulations  relative  to,  approval  by     537     5,  Subs.  40A 

fzno/     0801-01  to 

\  \  0803-05 

appropriations       .........  i  «oq  /     0801-02  to 

r^^  1  0802-01 

[  730         Page  1168 
board  composed  of  state  treasurer,  director  of  accounts  and,  ap- 
proval by,  of  renewal  of  certain  temporary  revenue  loans 
by  cities,  towns  and  districts  .....     134 

Boston   Elevated   Railway   Company,   trustees   of,   accounting 
duties,  etc.,  of,  proceeding  for  judicial  determination  of, 
powers  and  duties  as  to         .  .  .  .       Resolve       89 

cashier,  office  of,  in  department  of,  abolished    .  .  .  .     647  1,2 

Charles  river,  pollution  of,  further  prevention  of,  certain  pro- 
ceedings in  connection  with,  institution  and  prosecution 

by 353 

child  guardianship,  division  of,  funds  held  for  benefit  of  former 

wards  of,  payment  of  claims  for,  upon  approval  by  .     618 


1398 


Index. 


Item  or 
Section. 


ATTORNEY   GENERAL  —  Concluded. 

cigarette  tax,  temporary,  sums  due  commonwealth  under  pro- 
visions of,  recovery  by,  in  name  of  commissioner  of  cor- 
porations and  taxation  ...... 

civil  service  laws,  placing  under,  of  certain  municipal  offices  by 
popular  vote  at  state  elections,  petitions  for,  certain 
powers  as  to  .  •...-. 

co-ordination  of  transportation  facilities  in  and  around  metro- 
politan Boston  area,  extension  of  rapid  transit  system 
from  South  station  to  Readville,  and  continuance  of  ade- 
quate railroad   transportation   service   for  certain   com- 
,  munities,  special  commission  to  investigate  as  to,  to  be 

or  to  designate  a  member  of  .  .  .  .        Resolve 

criminal  laws  and  new  penal  code,  etc.,  special  commission  to  in- 
vestigate as  to,  to  be  or  to  designate  a  member  of     Resolve 

Drummey,  William  W.,  release  by,  of  certain  claims  against  com- 
monwealth, form  of,  approval  by  .  Resolve 

Ellison,  Grace  A.,  conveyance  by  department  of  public  works  of 
\  certain  land  to,  form  of  deed,  etc.,  approval  by     Resolve 

employment  security  law,  director  under,  bond  of,  sureties  on, 
approval  by         .    _      . 
to  represent,  or  to  designate  an  attorney  at  law  to  represent, 
in  actions,  etc.     ........ 

escheated  estates  of  certain  deceased  persons,  payment  from  state 
treasury  of  balances  of,  under  direction  of       .      Resolves  ( 

insurance  premiums,  financing  of,  buying  of  conditional  sales 
agreements,  and  whole  subject  of  conditional  sales  of  per- 
sonal property,  special  commission  to  investigate  as  to,  to 
be  or  to  designate  a  member  of      .  .  .        Resolve 

marine  fisheries,  division  of,  orders  of  director  of,  proceedings  for 
enforcement  of,  institution  by        ....  . 

medical  service  corporations,  certain,  powers  and  duties  as  to 

military  or  naval  service,  persons  in,  reinstatement  of,  by  former 
employers,  etc.,  powers  and  duties  as  to 

Mohawk  Trail  state  forest,  purchase  of  certain  land  in  town  of 
Charlemont  as  an  addition  to,  approval  of  deeds  for,  by  . 

Orange,  town  of,  easement  in  certain  state  land,  granting  to,  by 
armory  commission,  approval  of  form  of  instrument 
by      .......  .        Resolve 

Parker,  Margaret,  payment  by  commonwealth  of  sum  of  money 
to  mother  of,  under  direction  of    .  .  .        Resolve 

Provincetown,  conveyance  by  department  of  public  works  of 
certain  state  land  in,  to  inhabitants  of  said  town,  form  of 
deed,  approval  by         ......  . 

public  works,  department  of,  conveyance  to  United  States  by, 
of  Slabbery  pond  and  Smooth  pond  at  the  Westover 
Field  Army  Air  Base,  approval  of  form  of  deed  of,  by 

records  of  insolvent  insurance  companies  deposited  with  commis- 
sioner of  insurance,  disposition  of  certain,  by  board  con- 
sisting of  an  assistant  attorney  general  designated  by,  etc. 

state  forests,  certain,  leasing  of  certain  areas  in,  to  United  States 
for  national  defense  purposes,  form  of  instruments  in  con- 
nection with,  approval  by     . 

United  States,  land  owned  by  commonwealth  in  town  of  Lan- 
caster, conveyance  by  trustees  of  the  Massachusetts 
training  schools  to,  approval  of  form  of  deed  by 

Weymouth,  town  of,  land  acquired  by,  for  airport  purposes, 
lease  or  conveyance  of,  to  United  States,  approval  of  form 
of  instruments  by         ......  . 

Auburn,  town  of  (see  Cities  and  towns). 

water  district,  establishment,  etc.    ...... 

Auctioneers,  licenses,  special,  issuance  by  any  city  or  town  to  per- 
sons not  inhabitants  thereof  to  be,  in  certain  cases  . 
Audit,  municipal  accounts,  of  (see  Municipal  finance). 
Auditors,  city  and  town  (see  City  and  town  auditors). 
AUDITOR,   STATE: 

appropriations       ......... 

deputy  auditor,  act  promoting  equality  of  compensation  for 
positions  in  state  service,  as  affecting     .  .  .  . 

Automobile  insurance,  so  called  (see  Motor  vehicles,  liability  for 
bodily  injuries,  etc.,  caused  by,  security  for). 


Chap. 

417 
414 


43 

48 

94 

23 

685  1,  Subs.  65 
685  1,  Subs.  42 A 
8,79 

82 

598  1,  Subs.  26 
306   Subs.  12,  17 


708 
601 

16 

77 

616  j 

603 

450 

63 

146 

7 

570 

81 

419 
683 

596 


15 


1 
1-16 


0701-01  to 
0701-03 
0701-02, 
0701-03 


Index. 


1399 


Chap. 


Automobiles  (see  Motor  vehicles). 

Aviation    (see    Aeronautics    commission,    Massachusetts;    Airport; 

Airports) . 
Avon,  town  of  (see  Cities  and  towns). 
Ayer,  town  of  (see  Cities  and  towns). 


Item  or 
Section. 


B. 

Babies  (see  Infants). 

Bailees,  cigarettes,  having  possession  of,  reports  from,  commissioner 

of  corporations  and  taxation  may  require         .  .  .417 

Bait  (see  Game  and  inland  fisheries). 

Baker,  Henry,  Co.,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve       88 

Balas,  Joseph  and  Josephine,  pajonent  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
for  highway  purposes  .....        Resolve 

Ballot  law  commission,  appropriations        ..... 

Ballots  (see  Elections). 

Band  concerts,  appropriation      ....... 

Bang's  abortion  disease,  so  called,  animals  affected  with,  control 

of  importation  of         • . 
BANKING  AND   INSURANCE,  DEPARTMENT   OF: 


in  general,  appropriations 


banks  and  loan  agencies,  division  of:  . 

in  general,  appropriations   ...... 

commissioner  of  banks,  banking  companies,  sale  by,  of  checks 

under  regulations  made  by    .  .  .        _  .  .       _ 

closed  banks,  payment  of  dividends  in  liquidation  of  certain 

extension  of  time  for  borrowing  of  funds  for,  by 
co-operative  banks,  bank  buildings  for,  investments  of  funds 
in,  approval  by         .  .  .  .       _   . 

borrowing  of  money  by,  for  purpose  of  making  real  estate 

loans,  consent  of       .  .  .  .  .  _. 

credit  unions,  contingent  funds  of,  charges  against,  in  case 

of  death  of  borrowers,  powers  as  to         .  .  .         _ 

deputy,  act  promoting  equality  of  compensation  for  posi 

tions  in  state  service,  as  affecting  . 
federal  housing  administrator,  loans  insured  by,  making  by 

banking  institutions  subject  to  regulations  of,  term  of 

act  providing  for,  further  extended         .  .     _     . 

General  Insurance  Guaranty  Fund,  annual  financial  state 

ments  as  to,  filing  by,  etc.     . 
insurance   premiums,   financing  of,   buying  of  conditional 

sales  agreements,  and  whole  subject  of  conditional  sales 

of  personal  property,  special  commission  to  investigate 

as  to,  to  be  or  to  designate  a  member  of       .       Resolve 
Mutual  Savings  Central  Fund,  Inc.,  furnishing  of  certain 

information  to,  by        .  .  .  .  . 

savings  and  insurance  banks,  annual  financial  statements 

of,  powers  and  duties  as  to   . 
savings  banks,  checks,  sale  by,  under  regulations  made  by 

dividends,  payment  to  depositors  of,  approval  in  certain 
cases  by  ........ 

investments  by,  powers  and  duties  as  to  .      _    . 

securities,  in,  settlement,  modification  or  readjustment 
of,  powers  as  to     .  .  .  .        _  .  •     _      • 

trust  companies,  securities  of  other  corporations  acquired 

by,  in  settlement  or  readjustment  of  investments,  powers 

as  to  ......... 


59 
419 

683 

419 
173 

419 
683 

730 

419  i 

438 
145 

77 

75 

79 
596 

2G0 
108 

82 

78 

108 
103 

105 
413 

107 
484 


0425-01, 
0425-02 

0425-01, 
0425-02 

8602-21 


1101-01  to 
1105-02 
1103-02, 
1103-03 
1103-02, 
1103-03. 
2970-08 

1101-01  to 
1102-02 


20 


2 
1.2 


1400 


Index. 


BANKING  AND  INSURANCE,  DEPARTMENT  OF  —  Continued. 
banks  and  loan  agencies,  division  of  —  Concluded. 
commissioner  of  banks  —  Concluded. 

United  States  defense   savings  bonds  and   defense   postal 
savings  stamps,  co-operation  by  banking  institutions  in 
distribution  of,  regulations  as  to,  by       . 
supervisor  of  loan  agencies,  act  promoting  equality  of  com- 
pensation for  positions  in  state  service,  as  affecting 

appropriations  ........ 

insurance,  division  of: 


in  general,  appropriations 


commissioner  of  insurance,  accounting  by,  to  state  treasurer 
for  certain  sum  of  money,  relieved  from  .        Resolve 

authority  of  companies  to  do  business,  certificates  of,  issu- 
ance by      .......  . 

federal  housing  administrator,  loans  insured  by,  making  by 
insurance  companies  subject  to  regulations  of,  term  of 
act  providing  for,  further  extended         .  .  .  . 

fire  losses,  contracts  for  adjustment  of,  powers  and  duties 
as  to  ......... 

fraternal    benefit   societies,   limited,   certain,   memberships 
and  funds  of,  transfer  to  similar  societies  with  approval 

of 

lodge  system,   on,  reading  at  conventions  of,  of  latest 

reports  of  examination  made  by,  etc. 
merger  or  transfer  of  membership  or  funds  of  certain, 
powers  and  duties  as  to     . 

General  Insurance  Guaranty  Fund,  annual  financial  state- 
ments as  to,  filing  by,  etc.     .  .  .  . 

group  insurance,  low  cost  medical  care,  etc.,  for  public  em- 
ployees, and  pay  roll  deductions  on  account  thereof, 
special  commission  to  investigate  relative  to,  to  be  or  to 
designate  a  member  of  ....        Resolve 

incorporation  of  domestic  insurance  companies,  powers  and 
duties  as  to 

insolvent  insurance  companies,  books  and  papers  of,  de- 
posited with,  disposition  of  . 

insurance  advisers,  so  called,  licensing  of,  by,  restricted  to 
individuals  ........ 

insurance  agents  and  brokers,  quaHfications  and  licensing  of, 
powers  and  duties  as  to         . 

liability  insurance  companies,  mutual,  certain,  having  guar- 
anty capital,  deposit  required  by,  approval  of,  by   . 

life  insurance  companies,  reserves  of,  computation  by 

medical  service  corporations,  powers  and  duties  as  to 

merger  or  consolidation  of  insurance  companies,  powers  and 

duties  as  to 
policies  without  contingent  liability,  issuing  by  certain  mu- 
tual insurance  companies,  powers  and  duties  as  to   . 
reports  of  examinations  of  insurance  companies  made  by, 
admissibility  of,  as  evidence  ..... 

retirement  systems,  contributory,  city  and  town,  extension 
of   provisions   of,    to    certain    districts,    powers    and 
duties  as  to 
state,  county,  city  and  town,  supervision  by 
sa\'ings  and  insurance  banks,  annual  financial  statements 

of,  powers  and  duties  as  to   . 
shares  of  capital  stock  owned  by  certain  insurance  com- 
panies,  transfer  to  directors,  etc.,   by  such  companies, 
approval  by  .......  . 

teachers'  retirement  system,  new  mortality  rates  prescribed 
for,  by,  operation  of,  deferred    ..... 

supervision  by     .......  . 

medical  service  corporations,  board  to  act  in  certain  matters 
relating  to  certain,  to  serve  in        ....  . 


Chap. 


221 
575 


596 
419 


419 

68.3 
.730 

47 

342 

260 
703 

274 
336 
310 
108 

65 

342 

450 

635 

493 

654 

326 

f306 

1334 

364 

716 

324 


386 
584 


108 


548 


687 
584 


306 


Item  or 
Section. 


1,2 


21 
1102-01, 
1102-02 

1103-01  to 
1103-04, 
2970-02, 
2970-08 
1103-02, 
1103-03 
2970-08 


1-3 

1.2 
1-3 


1 

1,2 


Subs.  9.  10 

1,2 

1 


1.2 

1.2 


Subs.  12 


I 


Index. 


1401 


H 


41<) 


438 
391 


221 


483 
399 


Chap. 
BANKING  AND  INSURANCE,  DEPARTMENT  OF  —  Concluded. 
liquidations,  division  of: 

director,  salary  of,  further  regulated     .....     143 

existence  of,  extended  .......     143 

savings  bank  life  insurance,  division  of: 

appropriations  ........ 

See  also  Savings  bank  life  insurance. 
Banking  companies,  checks,  negotiable,  sale  by  . 
laws,  certain,  regulating,  application  limited     . 
United  States  defense  savings  bonds  and  defense  postal  savings 
stamps,  distribution  of,  co-operation  in,  by     . 
Bankruptcy,  motor  vehicle  carriers,  of,  transfer  of  their  certificates 
permits,  etc.,  in  case  thereof,  further  regulated 
trustees  in,  accounting  to,  by  receivers  of  estates  of  absentees 
Bankruptcy  Act  of  1898,  federal,  as  amended,  etc.,  certified  copies 
of  petitions,  decrees  and  orders  filed  or  made  pursuant  to, 
recording  of,  in  registries  of  deeds  so  as  to  make  section 
21G  thereof  effective  in  this  commonwealth    .  .  .       89 

BANKS   AND   BANKING: 

in  general,  adverse  claims  to  certain  bank  deposits  and  to  cer- 
tain securities  held  by  banks  for  the  account  of  others, 
relative  to  .......     444 

closed   banks,   county  officials,   certain  public  funds  of,   in, 

relative  to  ........       46 

liquidations,  division  of  (see  Banking  and  insurance,  de- 
partment of), 
payment  of  dividends  in  liquidation  of  certain,  borrowing 
of  funds  for,  by  commissioner  of  banks,  extension  of  time 
for     .......... 

taxes  on  real  estate  in  which  such  banks  or  any  subsidiary 
thereof  have  an  interest,  appeals  relative  to,  taking  of 
dividends  on  shares  in  certain  banking  associations,  taxation 

of      _.  .  .  ._ 

supreme  judicial  and  superior  courts,  concurrent  jurisdiction 

of,  exclusion  from,  of  cases  relating  to    . 
taxes,  certain,  date  for  determination  and  payment  of,  changed, 
as  necessitated  by  change  in  fiscal  year  of  commonwealth  . 
banking  companies,  checks,  negotiable,  sale  by     . 
laws,  certain,  regulating,  application  limited 
United  States  defense  savings  bonds  and  defense  postal  sav- 
ings stamps,  distribution  of,  co-operation  in,  by 
co-operative  banks,  bank  buildings  for,  providing  of 

borrowing  of  money  by,  for  purpose  of  making  real  estate  loans 
Co-operative  Central  Bank,  The,  amount  which  a  member 

bank  may  borrow  from,  without  collateral,  increased        .       86 
direct-reduction   loans   on   real   estate   by,   law   authorizing, 
changed  and  made  permanent,  and  provision  made  for 
suspension  of  payments  thereon  by  persons  in  military 
or  naval  service  and  others  ......     293 

fraternal  benefit  societies,  investments  by,  in  shares  of  .  .     336 

investment  of  funds  of,  building  for  bank's  business,  in  .       77 

real  estate  mortgages,  in,  requirements  for,  law  modifying, 
further  extended  .......       40 

loaning  of  funds  by,  method  of,  and  rate  of  interest  on  such 

loans  .........       76 

loans  insured  by  federal  housing  administrator,  making  by, 

term  of  act  authorizing,  further  extended        .  .  .     260 

paid-up  shares,  outstanding,  of,  limitation  on  total  value  of, 

eliminated  ........       73 

payments  on  certain  shares  of,  owned  by  persons  engage,d  in 
military  or  naval  service  of  the  United  States,  or  by  their 
dependents,  temporary  suspension  of     .  .  .  .116 

retirement  systems,  cities  and  towns,  of,  investment  of  their 
funds  in  shares  of  ......  . 

counties,  of,  investment  of  their  funds  in  shares  of      .    _      . 
United  States  defense  savings  bonds  and  defense  postal  savings 
stamps,  distribution  of,  co-operation  in,  by     . 
federal  savings  and  loan  associations,  investments  by  fra- 
ternal benefit  societies  in  shares  of  ...  . 

national  banking  associations,  stocks,  bonds,  etc.,  of,  invest- 
ments in,  by  trust  companies  in  their  commercial  depart- 
ments, uniformity  in  respect  to,  act  providing  .  .     484 


Item  or 
Section. 


1 

2 

1105-01, 
1105-02 


1,2 

3 

1.2 


1-3 


145 

1 

145 

2 

331 

1,  3.4 

28 

509 
438 
391 

3,4,9 

221 
77 
75 

1.2 

1,2 
2 


113 
113 

1 
2 

221 

1.2 

336 

2 

1-6 


1402  Index. 

Item  or 
Chap.  Section. 

BANKS   AND    BANKING  —  Continued. 

national  banks,  checks,  negotiable,  drawn  by  or  on  banking 
companies  and  payable  by  or  through,  sale  by  banking 
companies  ........     438 

drawn  by  or  on  savings  banks  and  payable  by  or  through, 
sale  by  savings  banks  ....... 

deposits  in,  by  savings  banks       ...... 

medical  service  corporations,  deposits  by,  in  .  .  . 

stock  of,  investments  by  savings  banks  in      . 
savings  and  insurance  banks  (see  Savings  bank  life  insurance) . 
savings  banks,  checks,  negotiable,  sale  by       . 

commissioner  of  public  welfare,  funds  received  by,  deposit  in  . 
deposits  in,  burial  of  certain  insane  and  spendthrift  wards,  to 
cover  charges  and  expenses  of,  payment  of     . 

reduction  of,  in  certain,  further  regulated 
dividends,  payment  to  depositors  of     . 
investments  by,  bank  stocks  and  deposits,  in  .  .  . 

bonds,  certain,  in    . 

cities,  towns,  counties,  etc.,  securities  of,  in         .  .  . 

commonwealth,  public  funds  of,  in    . 

electricity,  certain  companies  selling,  etc.,  securities  of,  in  . 

gas,  certain  companies  selling,  etc.,  securities  of,  in 

national  bank  stock,  in    . 

public  funds,  in       .......  . 

public  service  companies,  securities  of  certain,  in 

raDroad  bonds,  certain,  in         . 

real  estate  mortgages,  in;  requirements  for,  law  modifying, 
further  extended  ....... 

securities,  in,  settlement,  modification  or  readjustment  of    . 

states,  securities  of,  in     .  ... 

street  railway  bonds,  etc.,  in    . 

telephone  company  bonds,  etc.,  in    . 

terminal  company  bonds,  etc.,  in       . 

trust  companies,  stock  of ,  in    . 

United  States,  funds  of,  in        . 
loans  by,  for  financing  repair  and  rehabilitation  of  certain  real 

estate  mortgaged  to  such  banks     .....     106 

insured  by  federal  housing  administrator,  term  of  act  author- 
izing, further  extended  ......     260 

life   insurance   policies,    secured   by,    aggregate   authorized 
amount  of,  increased    .......     234 

( ; 
medical  service  corporations,  deposits  by,  in  .  .  .  <  ' 

Mutual  Savings  Central  Fund,  Inc.,  executive  vice-president 
of,  election  by  directors         ...... 

information,  certain,  furnishing  by  commissioner  of  banks  to 
investments  by  savings  banks  in  certain  state,  municipal  or 
corporate  interest  bearing  obligations,  certain  powers  and 
duties  as  to 

national  banks,  deposits  in,  by    . 

trust  companies,  deposits  in,  by  ...... 

United  States  defense  savings  bonds  and  defense  postal  sav- 
ings stamps,  distribution  of,  co-operation  in,  by       .  .     221  1, 2 

See  also  Banking  and  insurance,  department  of,  savings  bank 
life  insurance,  division  of;  Savings  bank  life  insurance. 
trust  companies,  checks,  negotiable,  drawn  by  or  on  banking 
companies  and  payable  by  or  through,  sale  by  banking 
companies  ........     438 

drawn  by  or  on  savings  banks  and  payable  by  or  through, 
sale  by  savings  banks  .......     103 

deposits  in,  savings  banks,  by      .....  . 

investments  by,  funds  in  their  commercial  departments,  of, 

uniformity  in  respect  to,  act  providing  .... 

real  estate  mortgages,  in,  requirements  for,  law  modifying, 

further  extended  ....... 

loans  by,  insured  by  federal  housing  administrator,  term  of 
act  authorizing,  further  extended  .... 

savings  departments  of,  commissioner  of  public  welfare,  funds 
received  by,  deposit  in  ...... 


103 

413 

7 

/306 
\334 

Subs.  10 

Subs.  11 

413 

7 

103 

523 

241 

186 

105 

413 

7 

413 

1-6.8-11 

413 

1 

413 

1 

413 

6 

413 

6 

413 

7 

413 

1 

413 

6 

/115* 

1413 

2.8,  11 

40 

107 

413 

1.9 

413 

3 

413 

4,6 

413 

2 

413 

7 

413 

1 

306 
334 

Sipbs.  10 
Subs.  11 

78 
78 

1 
2 

413 
413 
413 

9 

7 
7 

413  7 

484  1-5 

40 
260 
523 


*  This  chapter  repealed  by  Chapter  413.  section  11. 


/306 
1334 

Subs.  10 

Subs.  11 

413 

7 

Index.  1403 

Item  or 
Chap.  Section. 

BANKS    AND    BAJflKlUG  —  Concluded. 
trust  companies  —  Concluded. 

savings  departments  of  —  Concluded. 

deposits  by,  in   commercial  departments  thereof,   further 
regulated    .........     104 

deposits  in,  burial  of  certain  insane  and  spendthrift  wards, 

to  cover  charges  and  expenses  of,  payment  of  .241 

investment  of  (see,  supra,  savings  banks,  investments  by). 

medical  service  corporations,  deposits  by,  in       .  .  . 

stock  of,  investments  by  savings  banks  in     . 
See  also  Credit  unions. 
Banks  and  loan  agencies,  division  of  (see  Banking  and  insurancei 

department  of). 
Banks,  commissioner  of  (see  Banking  and  insurance,  department 

of).  ... 

Barbers,  board  of  registration  of  (see  Civil  service  and  registration, 
department  of), 
certificates  of  registration  as,  annual  renewal  of,  providing  for, 

and  further  regulating  inspection  of  barber  shops    .  .     619  1, 2 

See  also  Hairdressers. 
BAR  EXAMINERS,   BOARD   OF: 

yllO  /         0312-01, 
appropriations       .........     419  <  0312-02 

BARNSTABLE   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .       _   .  .     528  1 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in         .........       47 

shore  protection  to  be  built  therein  by  state  department  of  pub-  (515 

lie  works,  contributions  to  cost  of,  by     .  .  .  .  1 669  1-4 

tax  levy 528  1 

Barnstable,  town  of  (see  Cities  and  towns). 

Bass,  striped,  protection  of  ......  .     421  1-3 

See  also  Fish  and  fisheries. 
Bays  (see  Waters  and  waterways). 
Beach,  Watertown,  town  of,  in,  designated  as  Clasence  W.  Dealtry 

Memorial  Beach  .  .  .  .  .  .32  1,2 

Beach  erosion  board,  federal,  co-operative  study  by,  cost  of,  state 
appropriation       ........ 

Beachmont,  Revere,  city  of,  in,  protection  of  shore  at   . 
Beach,  Old  Silver,  town  of  Falmouth  authorized  to  use  certain  park 
land  at        .  .  .  .  . 

Beach  plums,  Massachusetts  state  college,  trustees  of,  authorized 
to  experiment  in  cultivation  of       . 
appropriation     ......... 

Becket,  town  of  (see  Cities  and  towns). 

Bedding  and  upholstered  furniture,  sale  within  commonwealth 
of,  manufactured  without  commonwealth,  certain  pro- 
visions of  law  relative  to,  repealed  .  .  .  .57 

reimbursement  for  fees  paid  for  permits  under  said  provisions 

of  law,  appropriation   .......     683  2820-07 

f  683  2220—07 

Bedford,  airport,  so  called,  appropriations     .  .  .  .  .  <  -or.  SI 32-1 4 

establishment  of,  etc.,   acquisition  of  land  for,  in  towns  of  f  268  1-4 

Bedford,  Concord  and  Lincoln,  authorized      .  .  .  \  650 

town  of  (see  Cities  and  towns). 

Belchertown  state  school,  appropriations   .  .  .  .         .  |  gig  1723^21 

Bellingham,  town  of  (see  Cities  and  towns). 
Belmont,  town  of  (see  Cities  and  towns). 
Benefit  societies  (see  Fraternal  benefit  societies). 
Berkley,  town  of  (see  Cities  and  towns). 
BERKSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     528  1 

Center  pond  in  town  of  Becket,  right  of  way  to,  laying  out  by     .     263  1-5 

cities  and  towns  in,  payment  by,  of  part  of  cost  of  construction 

of  central  heating  plant  at  Hampshire  county  sanatorium     303  1-3 

payment  by,  of  part  of  cost  of  installation  of  sprinkler  system 

at  Hampshire  county  sanatorium  ....     302  1-3 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in        .........       47 

tax  levy 528  1 

(  595 
Betterment  assessments,  interest  on,  reduction  of       .         .         .  s  ^24  1  2 


419 

486 

2937-14 

383 

1,2 

534 
683 

1341-97 

1404 


Index. 


Chap. 


Item  or 
Section. 


119 


Betting,  horse  and  dog  races,  on  (see  Horse  and  dog  racing  meetings 
conducted  under  pari-mutuel  system  of  wagering). 

Beverages,  non-alcoholic,  manufacture,  bottling  and  sale  of  certain, 
rules  and  regulations  concerning,  penalty  for  violations  of 
alcoholic  (see  Alcoholic  beverages). 

Beverly,  city  of  (see  Cities  and  towns). 

Bicycles,  registration  and  operation  of,  regulated   .... 

Biennium,  fiscal,  of  commonwealth,  establishment,  and  making 
certain  changes  in  general  statutes  necessitated  thereby  . 

Big  Homers  pond.  West  Tisbury,  town  of,  in,  taking  of  fish  from, 
except  by  fly  fishing,  penalized      ..... 

Billerica,  town  of  (see  Cities  and  towns). 

Bills,  taxes  on  real  estate,  for,  relative  to       ....  . 

Bills  and  notes  (see  Negotiable  instruments). 

Bills  and  resolves,  passed  to  be  engrossed  by  general  court,  engross- 
ment of       ........  . 

Biologic  laboratories,  division  of  (see  Public  health,  department 

Bio-statistics,  bureau  of,  establishment  of,  in  division  of  marine 
fisheries      ......... 

Bird,  state,  chickadee  designated  as  the         ..... 

Birds  (see  Game  and  inland  fisheries). 

Birth  control  (see  Contraceptive  care,  medical,  to  married  persons). 
Births,  certificates,  certain,  relating  to,  no  longer  required  to  state 
pro^asion  of  law  under  which  same  are  issued 
returns  of,  verification  of         ......  . 

Blackouts,  practice,  for  civilian  defense,  regulations  as  to      . 
Blind,  division  of  the  (see  Education,  department  of). 

Blind  persons,  adult,  instruction,  aid,  etc.,  appropriations 

aid  to,  records  relating  to,  etc.,  making  confidential  and  prohibit- 
ing misuse  thereof         ....... 

deaf  and  blind  pupils,  education  of,  appropriations   . 

Blue  book,  so  called,  appropriations   . 

Blue  sky  law,  so  called,  administration  and  enforcement  of,  appro- 
priations    ......... 

Board,  pupils,  of,  contracts  for,  submission  of,  to  department  of  edu- 
cation, etc.  ........ 

Boarding  houses,  infants,  certain,  in,  supervision  of,  relative  to 
Board  of  review,  employment  security  law,  under,  establishment, 
powers,  duties,  etc.       ....... 

BOARDS,    STATE: 

appeal  (see  Appeal,  boards  of), 
bar  examiners  (see  Bar  examiners,  board  of), 
boiler  rules  (see  Public  safety,  department  of), 
conciliation  and  arbitration  (see  Labor  and  industries,  depart- 
ment of). 
emergency  finance  (see  Emergency  finance  board), 
housing  (see  Housing,  state  board  of). 

immigration  and  Americanization  (see  Education,  department  of), 
milk  control  (see  Milk  control  board), 
parole  (see  Correction,  department  of), 
probation  (see  Probation,  board  of). 
reclamation  (see  Reclamation  board,  state), 
registration  (see  Civil  service  and  registration,  department  of), 
retirement    (see   Retirement   systems   and   pensions,    common- 
wealth, of). 
review  (see  Labor  and  industries,  department  of,  employment 
security,  division  of;  Labor  and  industries,  department  of , 
unemployment  compensation,  di\Tsion  of), 
teachers'    retirement    (see    Retirement   systems    and    pensions, 

teachers,  of). 
See  also  Commissioners,  state;    Commissions,  state;    Depart- 
ments, state;    Divisions,  stat^  departments,  of. 
Boiler  rules,  board  of  (see  Public  safety,  department  of). 

[419 
Boilers,  inspection  of,  appropriations    .  .  .  .  .  .  <  noo 

1730 
range,  marking,  construction  and  installation  of,  regulated  .     518 

steam,  rules  for  construction,  etc.,  of,  charges  for  printed  copies 

of,  act  imposing  .......     459 


710 

1.2 

509 

1-9 

157 

1,2 

573 

1.2 

347 


598 
121 


50 
434 
719 

419 

630 
419 

'419 

,683 

^419 

590 
629 

685 


6.  Subs.  8D 


4,8 

1304-06, 
1304-08 

1,2,4 
1.301-41; 
Page  479 
0503-01 
0503-01 
2308-01. 
2308-02 


1-6 
6 


2104-31, 

2104-32 

2104-32 

Page  1169 

1-4 


J 


Index. 


1405 


Chap. 
Bonds,  bank  deposits,  certain,  and  certain  securities  held  by  banks 
for  the  account  of  others,  adverse  claimants  to,  filing  in 
certain  cases  by  .  .  .     ,     .  .  .  .  .     444 

Boston  Elevated  Railway  Company,  of,  purchase  by  Boston 

metropolitan  district    .  .  .  .  .        _  .  .     567 

cigarettes,  distributors,  etc.,  of,  furnishing  by,  under  cigarette 

tax  law       .  .  .  .  .  .  .  .  .     417 

city  and  town  collectors,  of    .  .  .  .  .  .  .     308 

collectors  of  taxes,  of     .......  .     308 

commonwealth,  of  (see  State  finance). 

employment  security  law,  director  under,  of     .  .  .      _     .     085 

engineers  and  land  surveyors,  professional,  board  of  registration 

of,  secretary  of ,  of         .       '   .  .  .  .  .  .     643 

fiduciaries,  certain,  of,  exemption  from  giving  sureties  on,  appli- 
cations for,  notice  of,  to  certain  guardians  and  conser- 
vators        .........       45 

investments  in,  savings  banks,  by   .  .  .  .  .  .     413 

trust  companies,  by,  in  their  commercial  departments,  uni- 
formity in  respect  to,  act  providing         .  .  .  .     484 

meals,  certain  persons  engaged  in  business,  of  serving,  to  file       .     729 

motor  vehicle  liability  (see  Motor  vehicles,  liability  for  bodily 
injuries,  etc.,  caused  by,  security  for). 

old  age  assistance,  so  called,  recipients  of,  executed  by,  discharge 

of 729 

proceeds  of     .  .  .  .  .  .  .  .  .     729 

performance,  in  connection  with  certain  public  works  contracts, 

requirements  as  to        .  .  .  .  .  .  .     699 

state  treasurer,  of,  as  treasurer  and  custodian  of  unemployment 

compensation  funds      .  .  .  .  .  .  .     685 

summary  process  for  possession  of  land  after  tax  title  foreclosures, 

actions  of,  in        .  .  .  .  .  .  .  .     242 

tort  actions,  motor  vehicle,  removal  of,  from  district  courts  to 

superior  court,  filing  in,  not  required  in  certain  cases       .     203 

United  States  defense  savings,  distribution  of,  co-operation  by  f  221 
banking  institutions  in  .  .  .  .  .  .  \  575 

See  also  Securities. 
Bonus,  soldiers',  so  called  (see  Soldiers'  bonus). 
Borrowing  (see  County  finance;   Loans;    Municipal  finance;   State 
finance) . 

Boston,  airport,  so  called,  appropriations       .....     730  < 

improvements  made  by  city  of  Boston  at,  determination  of 

values  of,  etc.,  providing  for  .  .  .        Resolve         8 

and  Albany  Railroad  Company,  real  estate  of  Boston  Terminal 
Company  used   by,   assessment   and   payment  of  taxes 
thereon,  relative  to       ......  . 

and  Maine  Railroad,  certain  waterfront  properties  of,  in  city  of 

Boston,  acquisition  by  state  department  of  public  works  . 

and  Providence  Railroad  Corporation,  continued  transportation 

service   for  communities  served  by,  action  to  assure, 

investigation  relative  to,  continued     .  .        Resolve 

appropriation      ........ 

real  estate  of  Boston  Terminal  Company  formerly  used  by, 
assessment  and  payment  of  taxes  thereon,  relative  to 
Athenaeum,  librarian  of,  powers  and  duties  in  connection  with 
New  England  Deposit  Library,  etc.        .... 

city  of  (see  Cities  and  towns). 

College,  president  of,  powers  and  duties  in  connection  with  New 

England  Deposit  Library,  etc.        .....     240 

Consolidated  Gas  Company,  lease  to,  of  certain  property  of  Ded- 
ham  and  Hyde  Park  Gas  and  Electric  Light  Company  to 
be  acquired  by  city  of  Boston,  provision  for   .  .  .     369 

taxes,   certain   overpayments   of,   by,   refunding   by   city   of 

Quincy        .  .  .  .  .  .  .     546 

Ecclesiastical  Seminary,  The,  name  changed  to  St.  John's  Semi- 
nary, and  authorized  to  grant  additional  degrees     .  .313 
Elevated  Railway  Company,  bonds  of,  purchase  by  Boston  met- 
ropolitan district                      .                     .           .           .  .     567 

Boylston  street  subway,  certain  alterations  in  and  extensions 
•  of,  use  by,  modification  of  terms  and  conditions  as  to,  and 
certain  changes  made  relative  to  payments  in  connection 
with  such  use       ........      140 

deficits  in  costs  of  operation  of,  amounts  to  be  paid  or  repaid 

on  account  of,  dates  aa  of  which  to  be  determined  .  .139 


Item  or 
Section. 


1-3 
9 


1,  Subs.  55 
2,  Subs.  81C 


1,2 
1-6,8-11 

1-5 
17,  Subs.  6 


14 
4 

4,6,7 

1,  Subs.  59 

2 

2,3 
1,2 


3132-14, 
3133-14 


711 

2,3 

714 

1 

43 
683 

0204 

711 

2,3 

240 

1-8 

1-8 

1-10 
1.2 
1.2 
1-3 

1-5 
1.2 


1406 


Index. 


Boston  —  Concluded. 

Elevated  Railway  Company —  Concluded. 

subway  premises  and  equipment,  certain,  use  by,  modification 
of  terms  and  conditions  as  to,  and  making  of  certain 
changes  relative  to  payments  in  connection  with  such  use 
trustees  of,  accounting  duties,  etc.,  of,  proceeding  for  judicial 
determination  of,  relative  to  .  .  .        Resolve 

harbor,  areas,  certain,  in,  ceding  to  United  States  of  jurisdiction 
over  .......... 

channels  in,  dredging  of,  investigation  relative  to  .       Resolve 

extension  of  piers  by  United  States  beyond  jurisdiction  of 

Boston  Navy  Yard  in  ...... 

land  and  islands,  certain,  in,  city  of  Boston  authorized  to 

transfer  certain  interests  in,  in  connection  with  turning 

over  of  Boston  airport  to  commonwealth 

pier  facilities  in,  acquisition  of  certain  waterfront  properties  for 

improvement  of,  etc.,  by  state  department  of  public  works 

See  also  Metropolitan  districts,  sewer  districts. 

juvenile  court,  mental  and  physical  examinations  of  delinquent 

children,  making  of,  to  cause  ..... 

probation  officers  of,  placing  in  care  of,  of  certain  children 
placed  on  probation  by  superior  court    .... 

metropolitan  district,  bonds  of  Boston  Elevated  Railway  Com- 
pany, purchase  by        ......  . 

municipal  court  of  the  city  of  (see  District  courts) . 
Navy  Yard,  ceding  jurisdiction  to  United  States  over  certain 
land  in  Boston  harbor  for  purpose  of  extending  shipbuild- 
ing dock  and  service  pier  at  ..... 

extension  of  piers  by  United  States  beyond  line  of  jurisdiction 
of       .........  . 

Port  Authority,  cost  of,  reimbursement  of  city  of  Boston  for 
portion  of,  appropriations     ...... 

shipping  business  and  wharfage  charges  at  Port  of  Boston, 
investigation  relative  to,  by  .  .  .        Resolve 

Port  of,  functions  relating  to,  appropriations    .... 

Fund,  receipts  received  by  commonwealth  from  operation  of 
airports  to  be  credited  to      .....  . 

psychopathic  hospital,  appropriations      ..... 

Revere  Beach  and  Lynn  Railroad  Company,  real  estate  in  Win- 
throp  formerly  owned  by,  acquisition  of,  etc.,  by  said  town 


Chap. 


148 


/535 
1659 


12 


695 

r7i4 

1728 


Item  or 
Section. 


1-3 


state  hospital,  appropriations  ...... 

Terminal  Company,  real  estate  of,  assessment  and  payment  of 
taxes  thereon,  relative  to       .  .  .  :  .  . 

University,  president  of,  powers  and  duties  in  connection  with 
New  England  Deposit  Library,  etc.        .... 

Woven  Hose  and  Rubber  Company,  structure  bridging  Binney 
street  in  city  of  Cambridge,  construction  and  maintenance 
by,  etc.,  authorized      ....... 

Boulevards  and  parkways,  in  general,  appropriations  . 

See  also_  Metropolitan  districts,  parks  district. 
Boundary  line,  Bellingham  and  Franklin,  towns  of,  between,  estab- 
lished, and  changes  made  in  certain  laws  relative  to  terri- 
tory affected        ........ 

Fitchburg  and  Leominster,  cities  of,  between,  changed,  etc. 

Boundary  points  (see  Massachusetts  co-ordinate  system). 

Bounties  (see  Fish  and  fisheries;   Game  and  inland  fisheries). 

Bourne,  town  of  (see  Cities  and  towns). 

Bovine  animals,  transportation  and  sale  of,  further  regulated 

See  also  Agriculture,  department  of:  divisions,  etc.,  of:  live- 
stock disease  control;  Cattle. 

Boxing  commission,  state  (see  Public  safety,  department  of). 

Boylston  street  subway,  alterations  in  and  extensions  to,  modifi- 
cation of  terms  and  conditions  under  which  Boston  Ele- 
vated Railway  Company  is  using  certain,  and  making  of 
certain  changes  relative  to  payments  in  connection  with 
Buoh  use      ......... 


327 
264 

567 

659 

12 
/419 
1730 

57 
419  I 

695 
419 

101 
419 

730 

711 
240 

128 
419  I 
730 


641 

37 

698 


607 


140 


1-3 
1-3 


1-3 


10 

1-3 

3 


1,2 
1-3 

1-3 

1-3 
3134-01 
3134-01 


3131-01  to 
3132-13 

15 

1710-00  to 

1710-22 

1-3 

1711-00. 

1711-25 

Pages  1165, 

1176 

1-3 

1-8 


1-4 
2931-00, 
2932-00 
2931-00 


1,2 
1-3 
1,2 


1.2 


1-6 


Index. 


1407 


Chap. 

/419 
1683 

419 
419 

419  I 
730 


Boylston,  town  of  (see  Cities  and  towns). 

Boys,  industrial  school  for,  appropriations      .... 

Lyman  school  for,  appropriations    ..... 

parole  of,  department  of  public  welfare,  appropriations 
See  also  Minors. 

Bradford  Durfee  Textile  School,  appropriations 

Braintree,  town  of  (see  Cities  and  towns). 
BRIDGES: 

in  general,  construction,  reconstruction,  etc.,  of  highways  and,  f419 
appropriations     .  .  .  .  .  .  .  .  1  730 

Annisquam  river,  high  level  bridge  over,  in  city  of  Gloucester,  f  613 
construction  of    .  .  .  .  .  .  .  .  \  660 

Binney  street  in  city  of  Cambridge,  structure  bridging,  con- 
struction, etc.,  authorized     .  .  .  .  .  .128 

Chelsea,  so  called,  between  Charlestown  and  Chelsea,  construc- 
tion, reconstruction,  etc.,  of  .  .  .  .  .178 

Chelsea  street,  so  called,  between  East  Boston  and  Chelsea,  con- 
struction, reconstruction,  etc.,  of  .  .  .  .  .178 

Edwards,  General  Clarence  R.,  Memorial,  Springfield,  city  of, 
in,  retrocession  of  jurisdiction  by  United  States  over,  act 
accepting    .........     540 

Groveland,  repair  or  reconstruction  of,  and  traffic  conditions  at, 

investigation  relative  to         ...  .        Resolve       75 

Hingham  bay,  tide  waters  of,  over.  United  States  authorized  to 

construct,  without  a  draw     ......     632 

Maiden  river,  so  called,  repairs  to,  appropriation       .  .  .     730 

Meridian  street,  between  East  Boston  and  Chelsea,  construc- 
tion, reconstruction,  etc.,  of         ....  .     178 

Montague  city,  so  called,  construction  of,  contribution  to  cost 

of,  borrowing  of  money  for,  by  Franklin  county       .  .371 

Mystic  river,  over,  between  cities  of  Boston  and  Chelsea,  laying 

out  and  construction  of,  investigation  relative  to     Resolve       30 

Neponset,  so  called,  radial  highway  from  Boston  to,  investigation 

relative  to,  etc.    ......        Resolve       29 

North  street  in  town  of  Greenfield,  structure  and  pipe  line 

bridging,  construction,  etc.,  authorized  .  .  .     281 

railroads,  crossing,  above  the  tracks,  erection  and  maintenance 

of  bridge  guards  on  certain  ......     273 

Sherman  street  in  city  of  Maiden,  structure  bridging,  construc- 
tion, etc.,  authorized    .  .  .  .  .  .  .18 

Sidney  street  in  city  of  Cambridge,  structure  bridging,  construc- 
tion, etc.,  authorized    .......     125 

Tashmoo  channel,  over,  repeal  of  act  authorizing  construction  of     565 
Bridgewater,  state  hospital,  inmates,  insane,  of,  guardians  and  con- 
servators of,  allowance  of  accounts  of,  further  regulated, 
and  relative  to  collection  of  sums  due  for  support  of  such 
persons       .........     398 

prisoners,  insane,  committed  to,  discharge    .  .  .  .216 

state  teachers  college,  appropriations        .  .  .  .  .419 

BRISTOL   COUNTY: 

agricultural  school,  adequate  water  supply  for  domestic  and  fire 

protection  purposes  at,  providing  for      ....     392 

appropriations  for  maintenance  of,  etc.    .....     528 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in        .  .  .  .  .  .  .  .  .       47 

tax  levy 628 

Brockton,  city  of  (see  Cities  and  towns) . 

Brokers,  insurance  (see  Insurance,  brokers). 

Bromfleld  School,  Trustees  of,  lease  of  real  estate  owned  by,  to 

town  of  Harvard  .......     183 

Brookline,  town  of  (see  Cities  and  towns). 

Brooks  (see  Waters  and  waterways). 

Buckland,  town  of  (see  Cities  and  towns). 

Budget,  cities,  in,  other  than  Boston,  relative  to    .  .  .  .     473 

commissioner  (see  Administration  and  finance,  commission  on). 
procedure  and  appropriations,  Boston,  city  of,  and  county  of 

Suffolk,  in,  further  regulated  .....     604 

investigation  relative  to,  continued  .  .  .       Resolve       69 


Item  or 
Section. 

1915-00 

1915-00 
1917-00  to 

1917-23 
1908-11  to 

1908-13 

1331-00, 

1331-31 

Page  1176 


2923-60 
2923-60 


1-4 
1,2 
1.2 


1.2 
2937-03 


1,2 

1,2 


1-4 

1 

1-3 

1-4 
2 


2 

1307-00, 
1307-21 


1-7 
1 


1-3 
1.2 


1408 


Index. 


Budget  —  Concluded. 


state,  appropriation  acts 


restoration  of  annual,  proposed  amendment  to  constitution  for 

Building  inspection  service,  department  of  public  safety,  appro- 
priations    ......... 

Buildings,  Boston,  in,  construction,  alteration  and  maintenance  of, 
laws  relative  to,  certain  printed  copies  of,  free  distribution 
by  state  secretary         ....... 

removal  of  certain,  by  health  commissioner,  expense  of 
removal  or  making  secure  of  certain,  by  building  commis- 
sioner, expense  of  ......  . 

zoning  law,  so  called,  amendments  to  . 
breaking  into,  in  the  nighttime,  punishment  for,  etc.,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve 

appropriation  ........ 

inspectors  of,  appeals  from  orders  or  decisions  of,  under  municipal 
zoning  laws  ........ 

municipal,  insurance  fund   (see  Municipal  buildings  insurance 

fund), 
permits  for  constructing,  etc.,  effect  of  zoning  ordinances  or  by- 
laws on  certain    .  .  . 
superintendent,  state,  of  (see  Superintendent  of  buildings,  state), 
zones  for,  appeal,  right  of,  to  boards  of  appeal  under  laws  relating 
to,  extended         ........ 

municipal  ordinances  and  by-laws  relating  to,  adoption  and 
amendment  of,  upon  failure  of  planning  boards,  zoning 
boards  or  selectmen  to  file  certain  reports  in  relation 
thereto        ......... 

effect  of,  on  certain  permits      ...... 

See  also  Housing,  state  board  of. 

Bulletins  of  committee  hearings,  general  court,  appropriations    . 

Bunker  Hill  monument,  maintenance,  etc.,  appropriation    . 
Burials,  expenses  of,  payment  under  workmen's  compensation  law, 
amount  further  regulated      ...... 

wards,  certain,  of,  payment  of  charges  and  expenses  of,  further 
regulated    ......... 

Buses,  motor,  length  of  certain,  further  regulated 

special  or  chartered,  establishment  of  minimum  mileage  rates  for, 
by  department  of  public  utilities  ..... 

See  also  Motor  vehicles,  passengers,  transporting,  for  hire. 
Business  corporations  (see  Corporations). 
Buyers  (see  Installment  payments). 
By-laws  (see  Ordinances  and  by-laws). 


Chap. 

Item  or 
Section. 

144 
147 
151 
419 
683 
,730 

:4i9{ 

,730 

1-4 
1-4 
1.2 
1-9 
1-4 
1-3 

Page  1231 
2104-11, 
2104-12 

Page  1169 

256 
446 

1-3 

445 
373 

1.2 
1-23 

48 
683 

0217 

198 

1-3 

176 

198 

1-3 

320 
176 

/419 

1730 

419 

0102-04 
0102-04 
2801-00 

495 

241 
314 

480 


c. 

Cabins  (see  Camps). 

Calderone,  Angelo  and  Rose,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
for  highway  purposes  .....        Resolve 

Call  firemen  (see  Fire  departments). 

Cambridge,  city  of  (see  Cities  and  towns). 

School  of  Liberal  Arts,  Inc.,  use  by,  of  name  of  Cambridge  Junior 
College        ......... 

Camps,  recreational  camps,  overnight  camps  or  cabins  and 
trailer  camps,  inspections,  certain,  of,  notice  to  licensees 
of  results  of  .......  . 

Canals  (see  Waters  and  waterways). 

Cancer  hospital,  Pondville,  appropriations  .... 

Candidates  (see  Elections). 

Canton,  Mutual  Liability  Insurance  Company,  receiversliip  of,  ex- 
penses, appropriation  ....... 

town  of  (see  Cities  and  towns). 


59 


254 


396 


419 

683 
730 


419 


2031-00  to 
2031-24 
2031-25 

Page  1176 


2970-08 


Index. 


1409 


Chap. 


Item  or 
Section. 


Cantwell,  Bennett  A.,  doing  business  under  name  of  P.  J.  Cantwell 
&  Sons,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve 

Cape  Cod,  Canal  pier,  appropriations  ...... 

communities  on,  radial  highway  to  Boston  for,  need  of,  investi- 
gation relative  to,  etc.  ....        Resolve 
mosquito  control  project,  appropriation  ..... 
Capital  stock  (see  Corporations;  Securities). 

Capitol  police,  appropriations     ....... 

Carbonated  non-alcoholic  beverages   (see  Beverages,  non-alco- 
holic). 
Carlson,  Ernest  F.,  Inc.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  services,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938       .  .        Resolve 
Carriers,  common,  aircraft,  by,  rates  for,  regulated 

cigarettes,  transporting,  reports  from,  commissioner  of  corpo- 
rations and  taxation  may  require  .  . 
deaths  of  passengers  and  others,  due  to  negligence,  etc.,  lia- 
bility of,  and  raising  amount  to  be  awarded  therefor 
service  by,  rendering  of,  on  Lord's  Day,  investigation  relative 
to  .          .          .          .          .          .          .  .        Resolve 

appropriation       .  .  .  .  .     '     . 

See  also  Transportation  companies, 
passengers,  transporting,  by  motor  vehicle  (see  Motor  vehicles, 

passengers,  transporting,  for  hire) . 
property,  transporting,  by  motor  vehicle  (see  Motor  vehicles, 

property,  transporting) . 
water,  by,  motor  vehicles  engaged  in  interstate  transportation  of 
property,   competition  with,  etc.,  investigation  relative 
to       .......  .        Resolve 

Cars,  railroad  corporations,  of,  unlawful  injury  to  or  interference 
with,  etc.,  prohibited   ....... 

Carson,  Albert  J.,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  services,  etc.,  made  necessary  by  hur- 
ricane and  floods  of  1938       ....        Resolve 

Cartons,  paper  or  fibre,  used  in  sale  of  certain  commodities  by 
measure,  further  regulated    ...... 

Castle  Island,  South  Boston,  in,  improvement  of  state  land  adjacent 

to 

Cattle,  Bang's  abortion  disease,  so  called,  affected  with,  control  of 
importation  of     . 
See  also  Agriculture,  department  of:  divisions,  etc.,  of:  livestock 
disease  control;   Livestock. 
Caucuses  (see  Elections). 
CEMETERIES: 

Curtiss   Additional   Cemetery   Association,    property   of.    Pine 
Grove  Cemetery  Association  authorized  to  receive  and 
administer,  etc.   ........ 

Hope  Cemetery,  property  damage  by  blasting  operations  at, 

payment  of  claims  for,  by  city  of  Worcester   . 
Pine  Grove  Cemetery  Association,  authorized  to  acquire  and 
administer  property  of  Curtiss  Additional  Cemetery  Asso- 
ciation, and  to  hold  additional  property 
Shaker  Cemetery,  town  of  Harvard  authorized  to  acquire  por- 
tions of,  for  use  as  a  Shaker  cemetery     .... 

Wrentham  Cemetery  Corporation,  extending  time  for  acceptance 
of  act  authorizing  town  of  Wrentham  to  receive  and  ad- 
minister the  property  of        .....  . 

Center  pond,  town  of  Becket,  in,  public  access  to,  establishment  of 

right  of  way  for,  by  county  of  Berkshire 
Central  Credit  Union  Fund,  Inc.,  life  further  extended 

Central  mailing  room,  appropriations         ..... 


/419 
1730 

2202-08 
Pago  1167 

29 
419 

3901 

/419 

1683 

0416-03 
0418-03 

713 

417 
/460 
1504 

67 
683 


6 

1,2 
1.2 


0223 


54 
54 

88 

59 

543 

173 


156 
96 

156 

181 

80 

263 
177 

419 

683 


postmaster  and  assistant  postmaster  of,  positions  of,  placed  under 
commission  on  administration  and  finance  and  under  civil 
service         .........     433 

Certified  public  accountants,  registration  of,  appropriations  419  < 

Chairs  (see  Upholstered  furniture). 


1-4 

1-4 
1.2 

1-5 

0416-07, 
0416-15 

0415-12, 
0415-13 


1-4 
1414-01, 
1414-02 


1410 


Index. 


Chaplains,  general  court  (see  General  court). 
Charlemont,  town  of  (see  Cities  and  towns). 

Charles  river,  basin,  maintenance,  appropriations 

storm  overflows  into,  works  to  provide  relief  from,  construe 
tion,  etc.     ........ 

beach  bordering,  in  town  of  Watertown,  designated  Clarence  W 
Dealtry  Memorial  Beach       ..... 

pollution  of,  further  prevention  of  . 
storm  overflow  conduits  on  sides  of,  construction,  etc. 
Charlestown,  district  of  city  of  Boston,  bridge  over  Mystic  river  in, 
laying   out   and   construction   of,   investigation   relative 
to      .......  .       Resolve 

Navy  Yard  (see  Boston  Navy  Yard) . 
Charlton,  town  of  (see  Cities  and  towns). 

Water  District,  establishment,  etc.  .  .  .  .  . 

Chartered  buses,  so  called,  minimum  mileage  rates  for,  establish- 
ment of,  by  department  of  public  utilities 
Charters,  city  (see  City  charters), 
corporation  (see  Corporations). 
Chatham,  harbor,  in  town  of  Chatham,  channel  into,  dredging,  etc.  . 

town  of  (see  Cities  and  towns). 
Checks,  negotiable,  sale  by  banking  companies    .  .  .  . 

sale  by  savings  banks    .  ....... 

See  also  Negotiable  instruments. 
Chelmsford,  town  of  (see  Cities  and  towns). 

Chelsea,  bridge,  so  called,  between  Charlestown  and  Chelsea,  con- 
struction, reconstruction,  etc.,  of  . 
city  of  (see  Cities  and  towns). 

street  bridge,  between  East  Boston  and  Chelsea,  construction, 
reconstruction,  etc.,  of  ...... 

Chemical  engineer,  term,  engineers  and  land  surveyors,  regi.stra- 

tion  of,  law  providing  for,  not  to  restrict  use  of,  etc. 
Chicadee,  designated  as  the  state  bird  ..... 

Chicopee,  city  of  (see  Cities  and  towns). 

Child  guardianship,  division  of  (see  Public  welfare,  department 

of). 
Child  hygiene,  division  of  (see  Public  health,  department  of). 
Children,  adoption  by  minors  of  their  natural,  petitions  for    . 
adoption  of,  consent  of  parents  and  others  to   . 
birth  returns  of,  verification  of         .....  . 

boarding  houses,  supervision  in,  of  certain,  relative  to 
crime,  charged  with,  care  of,  pending  examination  or  trial,  rela- 
tive to         ........  . 

delinquent,  mental  and  physical  examinations  of       .  .  . 

dependent,  mothers  with,  aid  to  (see  Mothers  with  dependent 

children,  aid  to), 
employment  of  (see  Minors), 
mothers  with  dependent,  aid  to  (see  Mothers  with  dependent 

children,  aid  to)" 
negligence,  imputed,  and  contributory  negligence,  abolishing  de- 
fences of,  in  cases  of  injury  to,  under  seven  years  of  age, 
study  as  to  .  .  .  .       Resolve 

probation,  placing  on,  of  certain,  by  superior  court  . 
school  (see  Schools). 

tuition  of  certain,  etc.,  cost  of,  appropriations 

See  also  Infants;   Minors;   Parent  and  child. 

Chilmark,  town  of  (see  Cities  and  towns). 

Chiropody  (podiatry) ,  board  of  registration  in  (see  Civil  service 
and  registration,  department  of). 

Cholera,  hog  (see  Hog  cholera), 

Christmas  day,  alcohoUc  beverages,  sale  of,  between  one  o'clock 
ante  meridian  and  one  o'clock  post  meridian  on,  to  be 
drunk  on  premises,  prohibited        ..... 

Church  (see  West  Parish  Society  of  Salisbury). 

Cider,  alcoholic  content,  certain,  of,  application  to,  of  laws  relating 
to  alcoholic  beverages  and  imposing  an  excise  on  such 
cider  ......... 

Cigarettes,  advertising  or  offering  for  sale  or  selling  of  as  "loss 
leaders",  for  purpose  of  injuring  competitors  or  destroy- 
ing competition,  prohibited,  etc.    ..... 


Chap. 

Item  or 
Section. 

(419 
1730 

8607-00 
8607-00 

720 

1 

32 
353 
720 

1.2 

1 

30 

568 
480 

516 

438 
103 

178 

178 

643 
121 


44 

61 

434 

629 

648 
327 


1-14 


1.2 


1.2 


1,2 
2,  Subs.  810 


1-6 
1.2 


24 
264 


419 


1.2 

1907-01. 
1907-03: 
Page  479 


356 


637 


716 


1-3 
1-13 


Index.  1411 

Item  or 
Chap.  Section. 

CIGARETTE   TAX,  TEMPORARY: 

collections  under,  stabilized,  etc.      ......     716  11 

imposition,  etc.     .........     417  1-19 

Cinematographs,  use  of,  etc.,  further  regulated    ....     653  1-9 

CITIES   AND   TOWNS: 
in  general : 

accounts  due  to,  collection  of,  remedies  of  city  and   town 

collectors  in  .  .  .  .  .  .  .  .     211 

accounts  of  (see  Municipal  finance). 

aid  and  relief,  certain,  by,  state  reimbursement,  appropriations     419  |  iQn7_in 

airport,  public,  certain  property  held  by  a  city  or  town  in 
another  city  or  town  for  purposes  of  a,  exemption  of,  from 
taxation,  etc.       ........     440 

airports,  publicly  owned,  approaches  to,  regulation  of,  by        .     537  5-8 

air  raid  warnings,  etc.,  in,  regulations  as  to  .  .  .     719  4,  8 

alcoholic  beverages,  sale,  etc.,  in  (see  Alcoholic  beverages), 
animals,  inspectors  of,  in,  nomination  and  appointment  of      .162 
appeals,  boards  of,  under  municipal  zoning  laws,  right  of  appeal 

to,  extended         ........     198  1-3 

appropriations  by,  expenditures  in  co-operation  with  federal 
government  prior  to  making  of  regular,  extension  of  time 

for     .  .  .  . 58 

funds,  certain,  balance  of,  remaining  after  discontinuance  of 
participation  in  Federal  Surplus  Commodity  Stamp  Plan, 
so  called,  from     ........       65 

municipal  buildings  insurance  fund,  from  .  .     130 

war  or  national  emergency,  in  time  of,  authorized       .  .     487  1-3 

See  also  Municipal  finance, 
assessors  (see  Assessors  of  taxes). 

auctioneers'  licenses,  special,  issuance  in  certain  cases  by         .       81 
bicycles,  registration  and  operation  of,  in  certain  .  .  .710  1,2 

blackouts,  practice,  conduct  of,  by,  regulations  as  to      .  .719  4,  8 

borrowing  of  money  by,  defen.se  public  works  projects,  so 
called,  etc.,  co-operation  with  federal  government  in,  for, 

authorized 639  1-3 

public    welfare,    soldiers'    benefits,    federal    unemployment 
relief  projects  and  federal  stamp  plan  for  distribution  of 
surplus  commodities,  on  account  of        .  .  .92  1-3 

revenue,  in  anticipation  of,  renewal  of  certain  temporary 
loans  .........     134 

tax  titles,  based  upon      .  .  .  .  .129  1,2 

war  or  national  emergency,  in  time  of,  outside  debt  limit, 

authorized  ........     487  1-3 

water  supply,  development  of  additional  sources  of,  for, 
outside  debt  limit         .......       83 

See  also  Municipal  finance, 
budget,  annual,  expenditures  in  co-operation  with  federal  gov- 
ernment prior  to  passage  of,  extension  of  time  for    .  .       68 
buildings,  inspectors  of  (see,  infra,  inspectors  of  buildings), 
buildings  of  (see,  infra,  municipal  buildings  insurance  fund). 

children,  dependent,  aid  to,  borrowing  on  account  of,  by         .       92  1-3 

civilian  defense  activities,  conduct  of,  by,  regulations  as  to     .     719  4,  8 

civil  service  laws,  application  to  (see  Civil  service  laws), 
classified  public  service,  positions  and  employments  placed  in, 
persons  employed  in,  not  to  be  subject  to  a  probationary 
period  under  civil  service  laws       .  .  .  .  .195 

clerks  of  (see  City  and  town  clerks). 

collectors  of  taxes  (see  Collectors  of  taxes). 

dog  racing  (see,  infra,  horse  and  dog  racing  meetings). 

dogs,  licensing  by,  refunds  of  fees  paid  for,  forbidden  in  certain 

cases  .........     132 

transfer  license,  issuance  in  case  of  removal  of  dog  from  one 
municipality  to  another         .  .133 

election  commissioners,  etc.,  having  powers  and  duties  of 
registrars  of  voters,  duties  of,  in  securing  of  certain  in- 
formation relative  to  persons  residing  at  inns  and  lodging 

houses 328  1 

elections  (see  Elections). 

emergency   appropriations,    war   or   national   emergency,   in 

time  of,  by,  authorized  ......     487  1-3 

emergency,  national,  etc.,  in  time  of,  incurring  of  debt,  outside 

debt  limit,  by,  authorized     ......     487  1-3 


1412 


Index. 


CITIES   AND   TOWNS  —  Continued. 
in  general  —  Continued. 

Emergency  Relief  Appropriation  Act  of  1935,  Federal,  secur- 
ing of  benefits  of,  by,  extension  of  provisions  of  certain 
enabling  acts  relative  to        .....  . 

employees  of  (see  Municipal  ofScers  and  employees). 

English  speaking  classes  for  adults,  state  reimbursement, 
appropriations     ........ 

federal  grants  to,  for  public  works,  etc.  (see  Federal  emergency 
laws) . 

federal  surplus  commodity  stamps  (see,  infra,  surplus  com- 
modity stamps,  federal). 

fees,  dog  licenses,  for,  refunds  of,  forbidden  in  certain  cases 

finances  of  (see  Municipal  finance). 

fire  departments  of  (see  Fire  departments). 

forest  fires,  forest  patrols  for  prevention  of,  employment  of, 
by,  etc.  .  .  .  .         _. 

functions  and  acti\aties  of,  co-related  to  functions  and  activi- 
ties of  federal,  state,  county  and  district  governments, 
investigation  relative  to         ...  .        Resolve 

health,  boards  of  (see  Health,  local  boards  of). 

Highway  Fund,  portion  of,  pajTnent  by  commonwealth  to 

highway  purposes,  expenditure  for,  of  certain  sums  received 
from  commonwealth     ....... 

horse  and  dog  racing  meetings,  approval  by  municipal  au- 
thorities of  location  of  race  tracks  for  holding,  not  re- 
quired in  case  of  such  meetings  held  in  connection  with  a 
state  or  county  fair      .  .  . 

housing  authorities  in,  defense  housing  during  present  emer- 
gency, engaging  in,  by  .  .  .  .  . 
dwelling  units  in  certain  buildings  erected  and  maintained 

by,  number  of,  further  regulated  .  .  .  .     , 

requirements  by,  as  to  tenants  of  low-rent  housing  projects 
further  regulated  ...... 

income  taxes,  distribution  to        ....  . 

indebtedness  of  (see  Municipal  finance). 

indemnification  by,  of  their  treasurers  in  the  performance  of 
their  duties  in  certain  cases  ..... 

indigent  persons  (see,  infra,  poor  persons). 

inspectors  of  buildings,  appeals  from  orders  or  decisions  of, 
under  municipal  zoning  laws  ..... 

insurance  of  municipal  buildings  (see,  infra,  municipal  build- 
ings insurance  fund). 

laborers  in  employ  of,  vacations  for      .  .  .  . 

lands  owned  by,  formerly  held  under  tax  titles,  care,  leasing 
and  disposal  of    .  .  .  .  .  .  .        _  . 

libraries,  free  public,  in,  employees  of  certain,  inclusion  of,  in 
contributory  retirement  systems  in  cities  and  towns 

licenses  and  permits  (see  Licenses  and  permits). 

lighting  plants,  municipal  (see,  infra,  linemen). 

linemen,  certain  employees  of  cities  and  towns  formerly  em- 
ployed thereby  as,  retirement  allowances  of    . 

liquors,  alcoholic,  manufacture,  sale,  etc.,  of,  in  (see  Alcoholic 
beverages) . 

loans  by,  (see,  supra,  borrowing  of  money  by). 

mechanics,  etc.,  employed  by,  vacations  for  . 

Memorial  Day,  etc.,  observance  under  auspices  of  certain 
organizations        ........ 

merit  system  for  certain  officers  and  employees  of  boards  of 
public  welfare  of,  establishment,  etc.      .  . 

metropolitan  districts,  in  (see  Metropolitan  districts). 

metropolitan  water  district,  furnishing  of  water  from  dis- 
tributing reservoirs  of,  to  certain  additional    .  . 

military  aid,   appropriation  for,   of  balance  of  certain  funds 
remaining  after  discontinuance  of  participation  in  Federal 
Surplus  Commodity  Stamp  Plan,  so  called 
borrowing  of  money  on  account  of    . 
state  reimbursement,  appropriation  .  .  . 

mothers'  aid,  so  called,  appropriation  for,  of  balance  of  certain 
funds  remaining  after  discontinuance  of  participation  in 
Federal  Surplus  Commodity  Stamp  Plan,  so  called 
borrowing  of  money  on  account  of    . 

state  reimbursement  on  account  of,  method  of 


Chap. 


639 


419 


Item  or 
Section. 


1-3 

1301-55; 
Page  479 


132 

688 

84 
420 
420 

295 

317 

291 

269 
331 

99 

198 


409 


368 


1.2 
1,2 


1-5 


1.2 
4 


1-3 


368 

296 

1,2 

411 

1-3 

1.2 


217 
/402 

\588 

2 
1-9 
1-3 

(727 
1728 

1-7 
5 

65 

92 

419 

1-3 

0441-01 

65 

92 

/405 

\406 

1-3 

Index. 


1413 


Chap. 
CITIES    AND    TOWNS  —  Continued. 
in  general  —  Continued. 

motor  vehicles  transporting  property  for,  exempted  from  law 
providing  for  supervision  and  control  of  motor  vehicles 
transporting  property  ......     692 

municipal    buildings   insurance    fund,    payments   from,    of    a 
proper  charge  for  insuring  municipal  buildings  and  other 
municipal  property  against  loss  or  damage  by  fire,  light- 
ning or  otherwise  .  .  .  .  .  .  .130 

National  Industrial  Recovery  Act,  securing  of  benefits  of,  and 
acts  in  amendment  thereof,  and  in  addition  thereto,  by, 
extension  of  provisions  of  certain  enabling  acts  relative 

to G39 

needy  persons  (see,  infra,  poor  persons), 
nominations  for  city  and  town  offices  (see  Elections), 
notes,  issuance  by  (see  Municipal  finance), 
occupational  guidance  and  placement,  directors  of,  appoint- 
ment of,  in  ........     070 

officers  of  (see  Municipal  officers  and  employees;    and  specific 

titles  of  officers). 
old  age  assistance,  so  called,  by,  appropriation  for,  of  balance 
of  certain  funds  remaining  after  discontinuance  of  par- 
ticipation in  Federal  Surplus  Conmiodity  Stamp  Plan, 
so  called     .........       65 

borrowing  of  money  on  account  of    .  .  .  .  .92 

state  reimbursement,  appropriation  ....     419 

pensions  (see  Retirement  systems  and  pensions), 
permits  by  (see  Licenses  and  permits). 

planning  boards  of,  failure  of,  to  file  certain  reports  in  relation 
to  zoning  ordinances  or  by-laws,   adoption  and  amend- 
ment of  such  ordinances  or  by-laws  after         .  .  .     320 
plumbing,  inspector  of,  position  of,  in,  under  classified  civil 

service,  relative  to        .......       49 

police  of  (see  Police  officers). 

political  committees  of  (see  Elections,  political  committees). 

poor  persons,  accounts  against  commonwealth  on  account  of, 

rendering  by         .......  .     400 

sick,  care  and  support  of,  in  private  hospitals,  by,  state  re- 
imbursement       ........     412 

surplus   agricultural    commodities,   distribution   of,  to,    in, 

etc. 034 

positions,  civil  service,  in  service  of,  rosters  of,  and  the  incum- 
bents thereof,  preparation  and  keeping  of,  and  use  of  such 
rosters  in  connection  with  payment  of  salaries  or  com- 
pensation   .  .  .  .  .  .  .  .  .165 

primaries  in  (see  Elections). 

public  buildings,   construction,   alteration,  etc.,  by,  perform- 
ance bonds  in  connection  with  contracts  for,  and  fair  com- 
petition for  bidders  on,  relative  to  ....     699 

public  welfare,  aid  rendered  under  federal  food  stamp  plan, 

relative  to  ........     034 

boards  of  (see  Public  welfare,  local  boards  of), 
relief   by,    appropriation   for,   of   balance   of   certain   funds 
remaining    after    discontinuance    of    participation    in 
Federal  Surplus  Commodity  Stamp  Plan,  so  called     .       05 
borrowing  on  account  of,  by  .  .  .  .  .92 

public  works  for,  federal  grants  for  (see  Federal  emergency 
laws). 
See  also  Public  works. 
Quabbin  reservoir,  use  of  for  water  supply  purposes,  by  addi- 
tional, investigation  relative  to      .  .      Resolves  45, 91 
registrars  of  voters  (see  Registrars  of  voters), 
reimbursement  by  commonwealth   (see,  infra,  state  aid  and 

reimbursement) . 
reserve  police  forces  in  (see  Police  officers), 
retirement  systems,  contributory,  for,  funds  of,  investment  of     113 

See  also  Retirement  systems  and  pensions, 
revenue  loans,  temporary,  renewal  of  certain  .  .  .     134 

schools,  school  committees,  etc.  (see  Schools,  public), 
sealers  of  weights  and  measures,  road  construction,  material 

for,  weighing  of,  powers  and  duties  as  to  .  .  .      155 

snow  and  ice,  removal  from  ways,  removal  of  vehicles  interfer- 
ing with,  empowered  to  provide  for,  by  ordinance  or  by- 
law   ..........     346 


Item  or 
Section. 


1-3 


1-3 
1907-04 


1.2 

1,2 

1-7 
1,  2 

1-3 


1-4 
1 


1414 


Index. 


65 
92 


419 

/405 
\406 

729 1 

419 
419 
406 
412 

419 
/419 
\683 

80 


Chap. 
CITIES    AND    TOWNS  —  Continued. 
in  general  —  Continued. 

soldiers'  benefits,  appropriation  for,  of  balance  of  certain  funds 
remaining  after  discontinuance  of  participation  in  Federal 
Surplus  Commodity  Stamp  Plan,  so  called 
borrowing  on  account  of,  by     . 
stamp  plan,  federal   (see,  infra,  surplus  commodity  stamps, 

federal), 
state  aid  and  reimbursement: 

aid  and  relief,  certain,  appropriations    jT. 

mothers  with  dependent  children,  aid  to,  method  of    . 

old  age  assistance,  so  called      ...... 

appropriation       ........ 

pensions  paid  to  school  teachers,  appropriation 
poor  persons,  moneys  paid  on  account  of  certain 

sick,  care  and  treatment  of  certain,  in  private  hospitals    . 
schools,  public,  for  (see  Schools,  public), 
state  and  military  aid,  appropriation  .... 

taxes,  loss  of  certain,  appropriations  .... 

loss  of,  on  land  owned  by  commonwealth  or  political  sub- 
divisions thereof,  investigation  as  to   .  .        Resolve 
Btate  aid  by,  appropriation  for,  of  balance  of  certain  funds  re- 
maining after  discontinuance  of  participation  in  Federal 
Surplus  Commodity  Stamp  Plan,  so  called 
borrowing  of  money  on  account  of    . 
state  tax  (see,  infra,  tax,  state). 

surplus  commodity  stamps,  federal,  borrowing  on  account  of,  by 
receipts  from  sale  of,  use  by,  regulated       .... 
use  of,  in  distribution  of  surplus  commodities,  powers  and 
duties  as  to 
taxation,  local  (see  Taxation). 

tax,  county,  basis  of  apportionment,  established    . 

biennial  establishment  of      .....  . 

years  1941  and  1942,  for 

taxes,  collectors  of  (see  City  and  town  collectors;    Collectors 
of  taxes). 
local,  reimbursement  for  loss  of,  on  land  owned  by  common- 
wealth or  political  subdivisions  thereof,  investigation  as 
to       .......  .        Resolve 

tax,  state,  basis  of  apportionment,  established 

biennial  establishment  of       .....  . 

years  1941  and  1942,  for  ...... 

tax  titles,  accounts,  satisfaction  of,  instruments  acknowledg- 
ing, further  regulated  ....... 

borrowing  of  money  based  upon        ..... 

municipally  owned  lands  formerly  held  under,  care,  leasing 

and  disposal  of    . 
Bale  of  lands  of  low  value  held  under,  by   . 
teachers,  school  (see  Schools,  public), 
treasurers  of  (see  City  and  town  treasurers), 
unemployment  relief,  federal  projects  for,  borrowing  of  money 
on  account  of,  by  .  .  .... 

vacations  for  certain  employees  of         ....  . 

war  or  national  emergency,  in  time  of,  incurring  of  debt,  out- 
side debt  limit,  by,  authorized       ..... 

water  rates  and  charges,  liens  for  and  collection  of,  further 
regulated    ......... 

water  supply,  development  of  additional  sources  of,  borrowings 
outside  debt  limit  for,  by      .....  . 

Quabbin  reservoir,  from,  use  by  additional,  investigation 
relative  to  ......     Resolves  45, 91 

sources  of,  development  and  use  within  their  own  limits  by  .     465 
ways,  removal  of  snow  and  ice  from,  removal  of  vehicles  inter- 
fering with,  empowered  to  provide  for,  by  ordinance  or 
by-law         .........     346 

See  also,  supra,  highway  purposes;  Ways. 


Item  or 
Section. 


1-3 


1907-05  to 
1907-10; 
Page  479 


2,  8,  10,  13, 

17.  Subs.  10 

1907-04 

1305-04 


0441-01 
1201-05 
1201-05 


65 
92 

1-3 

92 
65 

1-3 

634 

1.2 

/141 
1633 
112 
/528 
\680 

1.2 

1 
3 

80 

/141 

1633 

112 

731 

1.2 

1-8 

231 
129 

1.2 

296 
694 

1.2 
1-3 

92 
368 

1-3 

487 

1-3 

380 

1-7 

83 


1,2 
1 


Index.  1415 


93 

473 

1-3 

432 

1.2 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 
in  £reneral  —  Concluded. 

weights  and   measures    (see,   supra,   sealers   of   weights   and 

measures) . 
welfare  aid  by  (see,  supra,  public  welfare) . 
workmen's  compensation  law,  payment  of  wages  or  salaries  to 
employees  of,  in  certain  cases  where  compensation  for 
total  incapacity  is  payable  under  .....     614 
zoning  ordinances  or  by-laws,  adoption  and  amendment  of, 
upon  failure  of  planning  boards,  zoning  boards  or  select- 
men to  file  certain  reports  in  relation  thereto  .           .           .     320 
appeals  to  boards  of  appeal,  additional  provisions  for,  mak- 
ing by         198  1-3 

effect  of,  on  certain  permits      .  .  .  .  .  .176 

cities,  aldermen  (see  Aldermen). 

appropriations  by,  incurring  of  liabilities  in  anticipation  of, 

in  order  to  cornpensate  assistant  assessors       .  .  .93 

assessors,  assistant,  in,  compensating  of,  incurring  of  liabilities 

in  anticipation  of  appropriations  for  purpose  of 
budgets  in  cities  other  than  Boston,  relative  to      . 
election  officers  in  certain,  appointment  of    . 
fire  force,  reserve,  in  certain,  age,  maximum,  for  appointments 

to  regular  force  from  ......       38 

promotion  from,  to  regular  force,  certification  of  names  for, 
further  regulated       .......       38 

See  also  Fire  departments, 
mayors  (see  Mayors), 
ordinances,  adopted  by,  not  to  be  subject  to  law  relative  to 

approval  and  publication  of  by-laws,  etc.        .  .  .     520  1,  2 

ward  committees  (see  Elections,  political  committees), 
towns,  animals,  inspection  of ,  state  reimbursement,  appropriation     419  0907-08 

appropriations  by,  for  maintenance  of  free  hospital  bed  for 

needy  residents   ........       72 

unpaid  bills  of  previous  years,  payment  of  certain,  for  .     179 

elections  in  certain,  recounts  of  ballots,  number  of  signatures 

required  on  petitions  for        ......     236 

See  also  Elections,  recounts  of  ballots, 
forest  fires,  expenses,  certain,  in,  state  reimbursement,  appro- 
priation           730  1002-16 

extinguishing  of,  equipment  for,  etc.,  state  aid  in  purchasing  <  ^^^  T^Ho   H 

I  Doo  1UU2— II 

expenses,  certain,  in,  state  reimbursement,  appropriation     419  1002-15 

forest  patrols  for  prevention  of,  expenditures  for,  in  certain, 

state  reimbursement     .......     688  1 

hospital   bed,   free,   for   needy   residents,   establishment  and 

maintenance  of,  appropriations  for,  by  .  .  .  .72 

officers  of  (see  Municipal  officers  and  employees). 

park  commissioners,  boards  of,  in,  membership  of  .  .       10  1, 2 

retirement  systems,  contributory,  in  certain  having  less  than 

ten  thousand  population        ......     377 

See  also  Retirement  systems  and  pensions, 
selectmen  (see  Selectmen). 

town  committees  (see  Elections,  political  committees), 
unpaid  bills  of  previous  years,  payment  of  certain,  appropria- 
tions for,  by         .......  .     179 

water  supply,  development  and  use  of  sources  of,  within  their 

limits  by     ........  .     465  2 

special  provisions  relative  to  particular  cities: 

Attleboro,  appropriations  by,  for  celebration  of  two  hundred 
■  and    fiftieth    anniversary    of   incorporation    of   said    mu- 
nicipality as  a  town      .......      192 

municipal  council,  membership  of,  established,  and  biennial 
municipal  election  held  in   1940  and  certain  other  acta 

and  proceedings  validated  in  certain  respects  .  .  1  1-3 

Beverly,  airport  purposes,  acquisition  of  land  for,  in  town  of 

Danvers  by  .......  .     469  1, 2 

aldermen,  board  of,  compensation  of  members  of,  authorized     223  1,  2 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended       .     197 

r        3132—14 
Boston,  airport.  East  Boston,  at,  appropriations    .  .  .     730  <  31^V14 

determination  of  values  of  improvements  made  by  said 
city  at,  etc.,  providing  for  .  .  .        Resolve         8 

transfer  of,  to  commonwealth,  authorized,  providing  for 

improvement  thereof,  etc.  .....     695  1-12,  16 


578 

604 

69 

1.2 

32 
683 
225 

0441-08 
4 

604 

1,  Subs.  3B 

69 
225 
225 

3 
1-8 

1416  Index. 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Contimied. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Continued. 

alcoholic  beverages,  licenses  for  sale  of,  transfers  of,  certain 
provisions   of   law   relative   to   appeals   from   refusals   to 
grant,  not  applicable  to  . 

appropriating  and  budget  procedure  of,  further  regulated 

investigation  relative  to,  continued  .  .        Resolve 

Army  and  Navy  Legion  of  Valor  of  the  United  States,  The, 

national    convention   of,   in    1942,   representation   of 

commonwealth  at,  if  held  in  .  .  .        Resolve 

appropriation  .  .  ... 

assessors,  funding  of  overlay  deficits,  duties  as  to 
auditor,  budget  and  appropriating  procedure,  powers  and 
duties  as  to,  further  regulated  .... 

special  commission  to  continue  to  investigate  and  study, 
to  be  a  member  of  ...  .        Resolve 

funding  of  overlay  deficits,  duties  as  to 
borrowing  of  money  by,  overlay  deficits,  to  fund 

public  welfare,  soldiers'  benefits,  federal  emergency  unem- 
ployment relief  projects  and  federal  surplus  commodity 
stamp  plan,  on  account  of,  loan  orders  for  ...       92  3 

Boston   Consolidated   Gas   Company,    lease   to,    of   certain 
property  of  Dedham  and  Hyde  Park  Gas  and  Electric 

Light  Company  to  be  acquired  by,  provision  for      .  .     369  1-10 

Boston  Elevated  Railway  Company,  use  by,  of  certain  sub-  1 

way  premises  and  equipment,  modification  of  terms  and  1  140  1-5 

conditions  as  to,  and  making  of  certain  changes  relative  [  148  1-3 

to  payments  in  connection  with  such  use,  as  affecting        .  J 
Boylston   Street   subway  in    (see,   supra,   Boston   Elevated 

Railway  Company), 
bridges,  certain,  between  city  of  Chelsea  and,  construction, 

reconstruction,  etc.,  of  ......      178  1,  2 

budget  and   appropriating  procedure  in,  further  regulated     604  1,2 

investigation  and  study  relative  to,  continued        Resolve       69 
budget  commissioner,  budget  and  appropriating  procedure, 
special  commission  to  continue  to  investigate  and  study, 
to  be  a  member  of        ....  .        Resolve       69 

,.  building  commissioner,  making  secure  or  removal  of  certain 

buildings  and  other  structures  by,  expense  of  .  .     445  1,  2 

buildings  and  other  structures  in,  construction,  alteration 
and    maintenance    of,    laws   relative   to,    certain   printed 
copies  of,  free  distribution  by  state  secretary  .  .     256 

buildings  in,  removal  of  certain,  by  health  commissioner, 

expense  of        .  .  .  .  .      _    .  .  .     446  1-3 

removal  or  making  secure  of  certain,  by  building  commis- 
sioner, expense  of      ......  .     445  1,  2 

zoning  law,  so  called,  amendments  to     .  .  .  .     373  1-23 

Charlesbank  in,  certain  park  land    known   as,  transfer   by 
park  department  to  trustees  under  will  of  George  Robert 

White 585  1-3 

Charlestown  district  of,  bridge  over  Mystic  river  in,  laying 

out  and  construction  of,  investigation  relative  to     Resolve       30 
city  clerk,  budget  and  appropriating  procedure,  special  com- 
mission to  continue  to  investigate  and  study,  to  be  a 
member  of  ......        Resolve       69 

city  council,  Boston  airport,  so  called,  transfer  of,  etc.,  to 

commonwealth,  duties  as  to       .  .  .  .     695  10,  11 

budget  and  appropriating  procedure,  powers  and  duties 

as  to,  further  regulated      ......     604  1,  2 

district  courts  in  Suffolk   county,  salaries  of  clerks  and 

assistant  clerks  of,  establishment  and  classification  by.     447  1,  4,  5 

nomination  of  candidates  for,  relative  to  .     _     .  .     472  1-3 

proportional  representation  and  preferential  voting,  elec- 
tion of  certain  officers  of  cities  and  towns  by,  certain 
laws  authorizing,  made  applicable  to  .  .        _  .     345 

collector  of,  claims  for  expense  of  removal,  etc.,  of  certain  ("445  1 

buildings,  collection  of,  powers  and  duties  as  to       .  .  \  446  2 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by,  and  lease  thereof  to 

Boston  Consolidated  Gas  Company,  pro^^sion  for    .  .     369  1-10 

Dorchester  district  of,  highway  traffic  through,  investigation 

relative  to,  etc Resolve       29 


Index. 


1417 


CITIES    AND    TOWNS  —  Conlinued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Continued. 

Dorchester  district  of  —  Concluded. 

Malibu  beach  in,  grading  and  sanding  of 
sewerage   works,    additional,    for,    etc.,   investigation   by 
metropolitan  district  commission  relative  to       Resolve 
East  Boston,  airport  at,   determination  of  values  of  im- 
provements made  by  said  city  at,  etc.,  providing 
for       .......        Resolve 

transfer  of,  to  commonwealth,  authorized,  providing  for 
improvement  thereof,  etc.       .  .  .  .  . 

armory  in,  erection  of,  investigation  by  armory  commis- 
sion relative  to  ....  .       Resolve 

ceding  to  United  States  of  jurisdiction  over  certain  land 
in  .........  . 

channel  leading  from,  to  main  channel  of  Boston  harbor, 

dredging  of,  investigation  relative  to  .        Resolve 

north  metropolitan  relief  sewer,  extension  to  Deer  island 

from,  construction,  etc.      ...... 

rapid    transit   facilities   for,    providing    of,    investigation 
relative  to         .....  .        Resolve 

election  commissioners,  information  relative  to  persons  re- 
siding at  inns  and  lodging  houses,  securing  of  certain, 
duties  as  to      . 
nominations  for  elective  offices,  powers  and  duties  as  to, 
further  regulated      ,  .  .  .  .  . 

elections  in,  nomination  of  candidates  for  municipal  office 
at,  relative  to      .  .  .  .  .  .  .  . 

electrical    appliances    and    wires    in,    removing    or    placing 

underground  of  certain,  further  providing  for  .  .  . 

federal  emergency  unemployment  relief  projects,  borrowing 

of  money  on  account  of,  loan  orders  for 
federal  surplus  commodity  stamp  plan,  borrowing  of  money 
on  account  of,  loan  orders  for         ..... 

Ford  Building  property  in,  acquisition  by  commonwealth    . 
appropriation  ........ 

funding  by,  of  overlay  deficits  ... 

health  commissioner,  removal  of  certain  buildings  or  parts 
thereof  by,  expense  of  ...... 

Huntington  avenue  subway  in  (see,  supra,  Boston  Elevated 

Railway  Company). 
Hyde  Park  district  of,  Dedham  and  Hyde  Park  Gas  and 
Electric  Light  Company,  property  of,  in,  acquisition  by 
city  of  Boston  and  lease  thereof  to  Boston  Consolidated 
Gas  Company,  provision  for  ..... 

liens  on  buildings  in,  for  expense  of  removal  or  making  ( 
secure  thereof      .  .  .  .  .  .  .  .  \ 

loan  orders  on  account  of  public  welfare,  soldiers'  benefits, 
etc.,  method  of  passage         ...... 

Malibu  beach,  so  called,  in  Dorchester  district  of,  grading 
and  sanding  of     .  .  .  .  . 

March  seventeenth,  closing  on,  of  public  offices  of 
mayor,  Boston  airport,  so  called,  improvements  made  by 
city  at,  written  determination  of  values  of,  submis- 
sion to  .....  .        Resolve 

transfer  of,  etc.,  to  commonwealth,  duties  as  to   . 
budget  and  appropriating  procedure,  powers  and  duties  as 
to,  further  regulated  ...... 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Com- 
pany, acquisition  of  certain  property  of,  by  city  and 
lease  thereof  to  Boston  Consohdated  Gas  Company 
law  providing  for,  as  affecting    .... 

funding  of  overlay  deficits,  powers  as  to 

nomination  of  candidates  for,  in,  relative  to    .  _   _     . 

traffic  congestion  in  city  of  Boston  and  vicinity,  etc 

special  commission  to  investigate  as  to,  to  be  or  to 

designate  a  member  of       .  .  .  .       Resolve 

metropolitan   district  commission,   disposal  by,   of  sludge 
from  sewage  treatment  plant  of 
relation  of  said  city  to  and  its  share  of  expenses  of,  investi- 
gation relative  to      .....     Resolves  45 

municipal  court  (see  District  courts). 


Chap. 

58G 
93 


Item  or 
Section. 


695 

1-12,  16 

4 

15 

1.2 

6 

720 

1 

28 

328 

1 

472 

1-3 

472 

1-3 

110 

1-3 

92 

3 

92 
478 
571 
225 

3 

1.2 

1-8 

446 


369 
445 
446 

92 

586 
91 


695 
604 


369 
225 
472 


75 

720 
,91 


1-3 


1-10 
1 
2 

3 

1.2 

10,  11 
1.2 


2,6,9 

3 

1-3 


14 


1418  Index. 

Item  or 
Chap.  Section. 

CITIES   AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Continued. 

Mystic  river,  bridge  over,  in  Charlestown  district  of,  laying 

out  and  construction  of,  investigation  relative  to     Resolve       30 
nomination  of  candidates  for  municipal  elective  offices  in, 

relative  to 472  1-3 

off-street  parking,  so  called,  in,  etc.,  investigation  relative 
to       .......  •       Resolve       75 

overlay  deficits,  funding  by      .....  .     225  1-8 

park  department,  transfer  by,  of  certain  park  land  to  trus- 
tees under  will  of  George  Robert  White  .  .  .     585  1-3 
pay  rolls,  etc.,  of  persons  in  employment  of,  provisions  of 
law  relative  to,  not  affected  by  provisions  of  chapter  165 

of  the  acts  of  1941 .     165  2 

penal  institutions  commissioner,  powers  and  duties  of,  as  to 
return  to  prison  of  certain  prisoners  in  Suffolk  county 
released  upon  permits  or  on  parole      .  .  .  .     174  1,2 

prisoners,  arrest  of,  upon  revocation  of  parole  permits, 

etc.,  powers  as  to      .  .  .  .  ...     690  3 

pier  facilities,  acquisition  of  waterfront  properties  for  im-  f  714  1-3 

provement  of,  etc.,  by  state  department  of  public  works  \  728  3 

police  commissioner,  auctioneers'  licenses,  special,  signing, 
etc.,  by       .........       81 

police,  superintendent  of,  transportation  by,  of  persons  for 

temporary  care  in  institutions  for  the  insane   .  .  .216  1 

Port  Authority,  Boston,  reimbursement  by  commonwealth  f  419  3134-01 

of  portion  of  cost  of,  appropriations    .  .  .  \  730  3134-01 

shipping  business  and  wharfage  charges  at  Port  of  Boston, 
investigation  relative  to,  by        .  .  .        Resolve       57 

Port  of  Boston,  shipping  business  and  wharfage  charges  at, 
investigation  relative  to         .  .  .  .        Resolve       57 

proportional  representation  and  preferential  voting,  election 

by,  of  certain  officers  of  cities  and  towns,  certain  laws 

authorizing,  made  applicable  to  city  council  of         .  .     345 

Public  Library  of  the  City  of  Boston,  director  of,  powers  and 

duties  in  connection  with  New  England  Deposit  Library, 

etc 240  1-8 

public  offices  of,  to  be  closed  on  March  seventeenth  each  year       91  1,2 

public  welfare  and  soldiers'  benefits,  borrowing  of  money 

on  account  of,  loan  orders  for        .....       92  3 

public  works  department,  powers  and  duties  with  respect  to 
acquisition  by  city  of  certain  property  of  Dedham  and 
Hyde  Park  Gas  and  Electric  Light  Company  and  lease 
thereof  to  Boston  Consolidated  Gas  Company  .  .     369  1-10 

rapid  transit  system  in,  extension  from  South  station  to 
Readville    district,    investigation    relative    to,    con- 
tinued ......       Resolve 

appropriation  ........ 

Readville    district   of,    extension   of   rapid    transit   system 
from    South   station    to,    investigation    as   to,    con- 
tinued ......       Resolve 

appropriation  .  .  .  .  .  . 

retirement  system,  Katherine  I.   Lally,  reinstatement  in, 
etc.  ......... 

Mary  T.  Kennealey,  reinstatement  in,  etc. 
Roxbury  district,  municipal  court  of  (see  District  courts), 
school  budget  procedure  in,  further  regulated     . 

investigation  and  study  relative  to,  continued        Resolve 
Bchool  committee,  budget  and  appropriating  procedure  of, 
further  regulated       .  ... 

nomination  of  candidates  for,  in,  relative  to   . 
sewerage  system,  sewage  treatment  plant,  sludge  from,  dis- 
posal of,  by  metropolitan  district  commission  .  .     720  14 
sinking   funds,   board  of    commissioners  of,    establishment 
by,  of  sinking  funds  for  payment  of  bonds  issued  for  ac- 
quisition  by   city  of  certain  property  of   Dedham   and 

Hyde  Park  Gas  and  Electric  Light  Company  .  .     3G9  6 

snow  removal  in,  expenditures  for,  regulated      .  .  .     604       1,  Subs.  3A 

South   Boston,    Northern   Avenue   in,    portion   of,    discon- 
tinued as  public  way  ......     492  1,  2 

state  land  adjacent  to  Castle  Island  in,  improvement  of    .     543 


43 

683 

0204 

43 

683 

0204 

213 
214 

1,2 

1.2 

604 
69 

1,  Subs.  3 A 

604 
472 

1,  Subs.  3A 
1-3 

Index.  1419 


20 

419 

2960  02 

75 

730 

2941-02 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Concluded. 

South   station   in,    extension   of   rapid    transit   facilities   to 
Readville    district    from,    investigation    relative    to, 
continued     ......        Resolve       43 

appropriation  ........     683  0204 

radial  highway  to  Milton  or  Quincy  from,  investigation 
relative  to,  etc.  .....       Resolve       29 

subways  in   (see,  supra,   Boston  Elevated  Railway  Com- 
pany). 
Sumner  tunnel  in,   operation   and  maintenance  of,   reim- 
bursement in  part  of  said  city  by  commonwealth  for 
expenses  incurred  for     ....        Resolve 

appropriation  ........ 

traffic  congestion  in,  etc.,  investigation  relative  to     Resolve 
appropriation  .  .  .  .  . 

transit  department,  powers  and  duties  with  respect  to  ac- 
quisition  by   city  of  certain  property  of  Dedham   and 

Hyde  Park  Gas  and  Electric  Light  Company,  etc.    .  369  2,  6 

transportation  facilities,  metropolitan  Boston  area,  in  and 
around,  co-ordination   of,  investigation   relative   to, 
continued     ......        Resolve       43 

appropriation  ........     683  0204 

treasurer  of,   Dedham  and  Hyde  Park  Gas  and   Electric 
Light  Company,  certain  property  of,  acquisition  by  city 
of  Boston  and  lease  thereof  to  Boston  Consolidated  Gas 
Company,  powers  and  duties  as  to  .  .  .  .     369  6 

United    Spanish    War    Veterans,    national    convention    of, 
in    1943,    representation    of    commonwealth    at,    if   held 
in       .  .  .  .  .  .  .  .        Resolve       87 

water  front  properties,  certain,  in,  acquisition  of,  etc.,  by  f  714 

state  department  of  public  works 
White,  George  Robert,  will  of,  park  land,  certain,  transfer 

by  park  department  to  trustees  under    .  .  . 

wires    and    electrical    appliances    in,    removing    or_  placing 

underground  of  certain,  further  providing  for  . 
zoning  law,  so  called,  amendments  to         ...  . 

Brockton,  court  house  in,  making  of  changes  and  repairs  in, 
by  Plymouth  county    ....... 

overlay  deficits,  funding  by      .....  . 

Cambridge,  Alewife  brook  in,  storm-  overflow  conduit  along, 
construction,  etc.  ....... 

Binney  street  in,  structure  bridging,  construction  and  main- 
tenance, authorized      ....... 

candidates  for  election  to  municipal  office  in,  filing  by,  of 
certain  statements  and  petitions    ..... 

electrical   wiring  within   buildings,   etc.,   in,   inspection   of, 

placed  under  control  of  building  department  . 
indebtedness,  certain,  funding  by      . 

mayor,  office  of,  and  administration  of  affairs  of  said  city, 
relative  to  ........ 

Sidney  street  in,  structure  bridging,  construction  and  main- 
tenance, authorized      ....... 

zoning  ordinances,  board  of  appeals  relative  to,  in,  tempora- 
rily not  to  take  action  on  appeals  .... 

Chelsea,  bridge  over  Mystic  river  between  Charlestown  dis- 
trict of  city  of  Boston  and,  laying  out  and  construction 
of,  investigation  relative  to  .  .  .  .        Resolve       30 

bridges,  certain,  between  city  of  Boston  and,  construction, 
reconstruction,  etc.,  of  .  .  .  .  .      ^ 

public  offices  of,  to  be  closed  on  March  seventeenth  each 
year  .......... 

rapid  transit  facilities  for,  providing  of,  investigation  rela- 
tive to         ......  .        Resolve 

Chicopee,  aldermen,  board  of,  compensation  of  members  of, 
authorized  ........ 

armory  in,  erection  of,  investigation  by  armory  commission 
relative  to  ......        Resolve 

elections,  non-partisan  municipal,  in,  establishing  of   . 
Sherman  Rest  Home,  The,  existence  continued  for  purpose 
of  selling  certain  property  situated  in,  etc.      .  .  .     557 


714 

728 

1-3 
3 

585 

1-3 

110 
373 

1-3 
1-23 

100 
530 

1-3 
1-3 

720 

1 

128 

1-4 

558 

1.2 

208 
185 

1.2 

505 

1-4 

125 

1-4 

488 

1.2 

178 

1.  2 

91 

1.2 

28 

475 

1-2 

4 
271 

1-11 

1420 


Index. 


CITIES  ^AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued, 

Chicopee  —  Concluded. 

Slabbery  pond  and  Smooth  pond  at  Westover  Field  Army 
Air  Base  in,  ceding  of  jurisdiction  over,  to  United  States  . 
superintendent  of  water  department  in,  term  of  office  of 
Fall  River,   biennial  municipal  elections  in,  holding  in  odd- 
numbered  years  instead  of  even-numbered  years 
chief  of  fire   department,  office  placed  under  civil    service 
laws  .......... 

finance  act,  so  called,  amendment  of  .... 

health,  board  of,  appointment,  qualifications  and  term  of 
office  of  members  of     ......  . 

laborers,  foremen,  inspectors,  mechanics,  drawtenders,  as- 
sistant drawtenders  and  storekeepers  formerly  in  employ 
of,  retirement  allowances  for  certain,  relative  to 
preliminary  election  in  1942  in,  regulation  of  time  for  filing 
certain  statements  by  candidates  at        ...  . 

school  loan  authorized     .  .  .  .  .  . 

Fitchburg,  annexation  to,  of  part  of  city  of  Leominster,  and 
annexation  of  part  of  said  city  of  Fitchburg  to  said  city 
of  Leominster      .  .  .  . 

Gardner,  bonds,  notes,  etc.,  for  certain  purposes,  orders  author- 
izing issue  of,  approval  or  disapproval  of,  in,  voting  on,  by 
said  city  at  its  current  municipal  election 
land,  certain,  in,  release  of  rights  in,  by  commonwealth,  to 
county  of  Worcester     .....        Resolve 

Gloucester,  Annisquam  river,  high  level  bridge  over,  in,  con- 
struction of      .......  . 

improvement  of,  by  commonwealth,  federal  government 
and      .......        Resolve 

fish  pier  in,  resurfacing  and  dredging  at     . 

appropriation  ........ 

park  and  farm  land,  certain,  in,  use  for  school  purposes,  and 
use  of  certain  farm  land  for  park  purposes 
Haverhill,  fires,  recent,  in,  information  concerning  setting  of, 
reward  for,  authorized  .  .  . 

park  land  known  as  Memorial  park,  portion  of,  use  for  park- 
ing purposes  by  . 
Holyoke,  city  engineer,  office  placed  under  civil  service  laws 
elections,  non-partisan  municipal,  in,  establishment  of 
Falcetti,   Dominic  A.  and  Valentina,  payment  of  sum  of 
money  to,  as  compensation  for  damages  for  certain  land 
taking  by    ........  . 

land,  certain,  in,  conveyance  of,  to  Stewart   R.  AUyn  and 
Edward   S.   O'Donnell  in  exchange  for  land  from  said 
Allyn  and  O'Donnell    ....... 

Mackenzie   Field,   so   called,   in,   use   for  playground   and 
athletic  field  purposes  .  .  .  ... 

nomination  papers  for  elective  municipal  offices  in,  relative 

to 

superintendent  of  outdoor  work  of  board  of  public  works, 
tenure  of  office  of  ......  . 

Leominster,  annexation  to,  of  part  of  city  of  Fitchburg,  and 
annexation  of  part  of  said  city  of  Leominster  to  said  city 
of  Fitchburg        ........ 

fire  department,  retirement  of  certain  call  members  of 
snow  and  ice,  removal  of,  from  private  ways  open  to  public 
use  in  .  .  .  .  . 

Lowell,  armory  purposes,  acquisition  by  commonwealth  of  cer- 
tain land  for,  in    ......  • 

appropriation  .  .  .  .'         .  •..*.• 

chief   of  fire  department,   office  placed  under  civil  service 
laws  ........•■ 

Tewksbury,  town  of,  water,  furnishing  to  certain  inhabitants 
of,  by 
Lynn,  funding  by,  of  certain  indebtedness     .... 

parkway  in  tidal  waters  of  Little  river,  an  estuary  of  Saugus 
river,  construction  by  ...... 

Saugus  river  in  West  Lynn,  tide  waters  of,  extension  of  cer- 
tain structures  into,  authorized      ..... 

shore  protection  at,  cost  of  certain  repairs  for,  state  appro- 
priations ■  • 
water,  taking  from  Ipswich  river  by,  etc.,  time  extended 


Chap. 


Item  or 
Section. 


603 
122 

1.2 
1.2 

160 

1-4 

224 
538 

1.2 
1-4 

569 

1.  2 

441 
681 

1.  2 
1.2 

562 
529 

1-3 

37 
698 

1-3 
1,2 

202 


1-3 


42 
/613 
\660 

86 
580 
683 

1.2 

2220-17 

109 

1-5 

67 

1.2 

359 
204 
390 

1.2 

1.2 

1-14 

300 


1.2 


289 

667 

1.2 

370 

1-4 

137 

1.2 

37 
698 

1-3 
1.2 

582 

1-3 

657 

1.2 

550 
683 

0409-25 

679 

1.2 

500 
123 

1-4 
1.2 

262 

1.2 

717 
419  { 

2937-13, 
2937-14 

197 


Index.  1421 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Maiden,  board  of  appeal,  personnel  of,  terms  of  members,  etc., 

changed 361  1, 2 

Plan  B  form  of  city  charter,  question  of  adopting,  for,  vot- 
ing on,  by  said  city  at  its  regular  municipal  election  in 
the  current  year  .......     362  1, 2 

police  station  property  in,  sale  of  and  expenditure  of  pro- 
ceeds, relative  to  .......     579  1, 2 

Sherman   street   in,   structure   bridging,    construction   and 

maintenance,  authorized        .  .  .  .  .  .18  1-3 

treasurer  and  collector  of  taxes  in,  three  year  terms  for       .     435  1,  2 

Marlborough,  Coughlin,  Cornelius,  temporary  reinstatement 

in  labor  service  of,  for  retirement  purposes      .  .  .     485  1-3 

revenue  deficit,  funding  by       .  .  .  .  .  .316  1-3 

Medford,   Alewife  brook  in,   storm  overflow  conduit  along, 

construction,  etc.  .......     720  1 

bills,  unpaid,  certain,  appropriation  by  board  of  aldermen 

for,  and  payment  thereof  by  city  .  .  .  .      169  1, 2 

Melrose,  armory  in,  erection  of,  investigation  by  armory  com- 
mission relative  to        ....  .        Resolve         4 

Ell  pond  in,  protection  of  shores  and  improvement  of  land  . 

adjacent  thereto,  borrowing  of  money  for,  by  said  city     .     425  1,  2 

New  Bedford,  appropriations  by  city  council  for  certain  un- 
paid bills  and  payment  of  said  bills  by  city     .  .     332  1-4 
biennial  municipal  elections  in,  holding  of,  in  odd-numbered 

years  .  .  .  .  .  .95  1-6 

Newburyport,  Newburyport  harbor,  improvement  of,  by  com- 
monwealth, federal  government  and        .  .        Resolve       86 
Newton,  fire  department,  retirement  allowances  of  members  of     354  1,  2 
North  Adams,  public  burial  places  in,  care  of,  etc.,  transfer  of, 

to  commissioner  of  public  works    .....     220  1-4 

smoke  and  cinders,  ordinances  for  control  of,  etc.,  enforce- 
ment of,  by,  authorized  .  . 
Peabody,  biennial  municipal  elections  in        ...  . 

unpaid  bills  and  payrolls,  appropriations  for,  and  payment 
of,  authorized      .  .  .  .  .  . 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended 
Pittsfield,  Waconah  Park  and  Burbank  Park  in,  construction 

and  maintenance  of  buildings  on   .  .    _       . 

Quincy,  biennial  municipal  elections  in,  provision  for    _. 

highway,  radial,  from  Boston  to,  cost  and  need  of,  investi- 
gation relative  to,  etc.  ....       Resolve 

land  acquired  for  parking  area,  conveyance  by  . 
land,  certain,  in,  acquisition  by  United  States    . 
Nut  island  in,  sewage  treatment  plant,  etc.,  at,  construction, 
etc.    .  .  .  .  ... 

shore  protection  at,  cost  of  certain  repairs  for,  state  appro- 
priations .  .  .  .  .  .  .  , 

taxes,   certain  overpayments  of,   by  Boston  Consolidated 

Gas  Company,  refunding  by  said  city    ....     546  1,2 

Revere,  armory  in,  erection  of,  investigation  by  armory  com- 
mission relative  to        ....  .        Resolve         4 

bridges,  certain,  between  Boston  and  Chelsea,  construction, 
reconstruction,  etc.,  of,  assessment  of  part  of  cost  of,  on, 
etc.    .......... 

indebtedness,  certain,  funding  by      . 

public  offices  of,  to  be  closed  on  March  seventeenth  each  year 
rapid  transit  facilities  for,  providing  of,  investigation  rela- 
tive to         ......  .        Resolve 

Roughan's  Point  in  Beachmont  in,  protection  of  shore  at,  by 

state  department  of  public  works  .  . 

Salem,  water,  taking  from  Ipswich  river  by,  etc.,  time  extended 

Somerville,  Alewife  brook  in,  storm  overflow  conduit  along, 

construction,  etc.  ....... 

bills  of  year  1935,  certain,  payment  by      . 
district  court  of  Somerville  in,  additional  accommodations  for 
Springfield,  General  Clarence  R.  Edwards  Memorial  Bridge  in, 
retrocession  of  jurisdiction  by  United  States  over,  act  ac- 
cepting       .  .  .  .         _.  .  .  .     540 

Yankee  Division  Veterans  Association,  national  convention 
of,  in  1942,  to  be  held  in,  representation  of  common- 
wealth at     .....  .       Resolve       81 

appropriation 7301^  ri0441-09 


526 
97 

1.2 
1-7 

229 
197 

1-4 

673 
163 

1.2 
1-4 

29 

42 

541 

1.2 
1-3 

720 
•419/ 

1 

2937-13. 

178 

228 

91 

1,2 
1.2 
1.2 

28 

486 
197 

720 
315 

48 

1 
1^ 
1-4 

1422 


Index. 


CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Concluded. 

Taunton,  biennial  municipal  elections  in,  establishment  and 

changing  number,  manner  of  election  and  terms  of  office 

of  certain  municipal  officers  .... 

Westfield,  appropriation  of  money  by,  to  provide  facilities 
for  holding  therein  state  convention  of  Veterans  of  For- 
eign Wars  of  the  United  States      .  . 
Worcester,    airport,    municipal,    construction    of,    borrowing 
money  for,  by      ......  . 

Auburn  Water  District,  water  supply  for,  by 
Boynton  Park  in,  care  and  improvement  of,  repeal  of  law 
relative  to  appropriations  for         .... 

Charlton  Water  District,  water  supply  for,  by   . 

Hope  Cemetery  in,  claims  for  property  damage  by  blasting 

operations  at,  payment  by  said  city,  authorized 
officials,  certain,  of,  election  and  terms  of  office  of 
public  health,  commissioner  of,  and  advisory  health  board 
established  in,  duties,  etc.     ..... 

retirement  system,  further  regulated 
special  provisions  relative  to  particular  towns : 

Abington,  land,  certain,  in,  acquisition  by  United  States  for 
lighter-than-air  base,  so  called,  consent  of  commonwealth 
to,  etc.        .  .  .  .  .  . 

Adams,  town  meeting  members,  reduction  of  number  of 
Amesbury,  West  Parish  Society  of  Salisbury,  certain  property 
of,  in,  conveyance  of,  to  the  Society  for  the  Preservation  of 
New  England  Antiquities      ..... 

Amherst,  Amherst  Water  Company,  purchase  and  operation 
of,  by  .......  . 

Arlington,  Alewife  brook  in,  storm    overflow   conduit   along, 
construction,  etc.        .  •.  .       • 
land,  certain,  in,  acquisition  of,  by  metropolitan  district 
commission  for  water  supply  purposes    . 
Auburn,  Auburn  Water  District  in,  establishment 
Avon,  town  of  Stoughton  authorized  to  furnish  water  to 
Ayer,  sewers  and  drains,  construction  of,  assessments  therefor 
etc.,  relative  to    .  .  .  .    _      . 

Barnstable,  Frank  P.  Hallet  Park,  erection  and  maintenance 
of  a  recreational  building  in  .... 

Becket,  Center  pond  in,  public  access  to,  establishment  of 

right  of  way  for,  by  county  of  Berkshire 
Bedford,  Billerica,  town  of,  furnishing  of  water  to  certain  in 
habitants  of,  by 
land  in,  acquisition  of,  by  department  of  public  works  for  es- 
tablishment by  United  States  of  Bedford  airport,  so  called 
Veterans'  Administration  Facility  in,  acquisition  by  United 
States  of  certain  lands  for,  consent  of  commonwealth  to 
Bellingham,  boundary  line  between  town  of  Franklin  and, 
established,  and  changes  made  in  certain  laws  relative  to 
territory  affected  ....... 

Belmont,  Alewife  brook  in,  storm   overflow   conduit   along, 
construction,  etc.  ....... 

Berkley,  water  from  additional  sources  in,  taking  by  Bristol 

county  for  purposes  of  Bristol  county  agricultural  school 

Billerica,  state  highway,  new,  from  Billerica-Chelmsford  line 

to  North  Chelmsford  line,  designated  as  Lowell  Turnpike 

Highway    ......... 

water,  town  of  Bedford  authorized  to  furnish,  to  certain 
inhabitants  of      .......  . 

Bourne,  Draber,  Verna  K.,  payment  of  sum  of  money  to,  by 

Boylston,  water  supply  for,  and  its  inhabitants 

Braintree,  borrowing  of  money  by,  for  high  school  purposes    . 

highway  in,  as  by-pass  of  Weymouth  Landing,  so  called, 

investigation  relative  to         ...  .        Resolve 

park  land,  certain,  in,  use  for  erection  of  addition  to  school 
building      ......... 

Brookline,  municipal  court  of,  adequate  accommodations  for 
recreation  commission  in,  appointment  authorized 
wires,  regulation  and  supervision  of,  in      . 
Buckland,  Cowell  Gymnasium  in  town  of  Shelburne,  mainte- 
nance of,  contribution  to  cost  of,  by       . 
Shelburne  Falls  Fire  District  in,  and  in  town  of  Shelburne, 
extensions  of  boundaries  of  . 


Chsp. 


407 


424 


24 
570 


29 
568 


96 
235 


591 
554 


702 
560 


238 

321 

720 

464 
570 
705 

255 

497 

263 

668 
/268 
\650 

666 


Item  or 
Section. 


1-7 


294 


1.2 

1.2 
2 


1,2 

1-3 
1-5 


1-4 
1.2 


1-3 

1-6 

1 

1-15 
1-3 

1-15 

1.2 

1-5 

1.2 
1-4 

1-3 


641 

1.2 

720 

1 

392 

1-7 

623 
651 
372 

-1.  ^ 

1-10 
1,2 

26 

304 
219 
552 
555 

1-4 
1,2 
1-6 

4 

1.2 

672 

1.2 

683 

1002-51 

668 

1-14 

294 

9 

11 

419 

1,2 

1,2 
Page  474 

86 

268 
650 

1-4 

419 

8902-24 

636 

1.2 

Index.  1423 

Item  or 
Chap.  Section. 

CITIES    AND    TOWmS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Canton,  town  manager  form  of  government,  establishment 

for .       13  1-30 

Charlemont,  land,  certain,  in,  purchase  of,  by  commissioner 
of  conservation   as  addition  to   Mohawk  Trail  state 
forest      .  .  ... 

appropriation      ........ 

Charlton,  Charlton  Water  District  in,  establishment,  etc. 
Chatham,  Chatham  harbor  in,  dredging  of  channel  into,  con- 
tribution to  cost  of       ......  .     516  1, 2 

Stage  harbor,  improvement  of,  by  commonwealth,  federal 
government  and  .  .  .  .  .        Resolve       86 

Chelmsford,  state  highway,  new,  from  Billerica-Chelmsford 
line  to  North  Chelmsford  line,  designated  as  Lowell  Turn- 
pike Highway      .  .  .  .  .  .  . 

Chilmark,  Menemsha  creek  in,  and  in  town  of  Gay  Head,  im- 
provements in,  contributions  to  cost  of,  by  said  towns 
state  re-appropriation  ...... 

Cohasset,   Cohasset   harbor,   improvement   of,   by   common- 
wealth, federal  government  and     .  .  .        Resolve 
Concord,  land  in,  acquisition  of,  by  department  of  public  works 
for  establishment  by  United  States  of  Bedford  airport,  so 
called          ......... 

Dana,  metropolitan  water  system   assessment  upon  former 
town  of,  payment  to  commissioners  of  Worcester  county, 
appropriation      ........ 

welfare  relief  furnished  to  certain  inhabitants  of  former 
town  of,  reimbursement  for  ..... 

Danvers,  Danvers  Park,  so  called,  in,  use  for  playground  and 

athletic  field  purposes  .  .  .  .  .  .     153 

Danvers  state  hospital,  sale  of  water  to,  by,  investigation 
relative  to  ......        Resolve       83 

Essex  county  agricultural  school,  purchase  of  additional  land 

and  buildings  to  be  used  for  purposes  of ,  in     . 
property  in,  acquisition  by  city  of  Beverly  for  public  airport 
purposes     ......... 

water,  taking  from  Ipswich  river  by,  etc.,  time  extended 

Dennis,  Dennis  South  Improvement  District,  properties  and 

obligations  of,  taking  over  and  assumption  by  .  . 

Dighton,  water  from  additional  sources  in,  taking  by  Bristol 

county  for  purposes  of  Bristol  county  agricultural  school 

Dracut,  Dracut  Water  Supply  District  in,  additional  water 

supply  sources  for        .  .  .  .  .  .  . 

land,  certain,  in,  acquisition  and  improvement  of,  as  addi- 
tion to  Lowell-Dracut  state  forest,  providing  for     .  .     666 
Dudley,  reimbursement  of,  by  commonwealth  for  certain  pub- 
lic welfare  expenses      .....       Resolve       52 

Dunstable,  lines,  poles,  etc.,  of  Middlesex  County  Electric 
Company  and  New  England  Telephone  and  Telegraph 
Company  in,  locations,  etc.,  validated    ....     Ill  1,2 

Duxbury,  protection  of  shores  in  .  ■    .  .  .•  •  •     ^^^  ^"^ 

Edgartown,  Trapp  pond,  land  near,  in,  acquisition  by  com- 
monwealth   for    public     beach,     investigation    relative 
to       .......  .       Resolve       44 

Enfield,    welfare   relief   furnished   to   certain   inhabitants   of 

former  town  of,  reimbursement  for         ....     636  1, 2 

Falmouth,  park  land,  certain,  at  Old  Silver  Beach,  so  called, 

in,  use  for  town  bathing  beach       .  .  .  .  .     383  1, 2 

Framingham,  Regan,  John  L.,  made  eligible  to  certain  retire- 
ment rights  upon  his  becoming  a  member  of  retirement 
system  of    .  .  .  .  .  .  .     366  1, 2 

state  camp  ground,  so  called,  in,  sale  of  portions  of,  and 

increase  in  area  of  memorial  plot  at,  authorized        .  .     463  1-3 

Franklin,  boundary  line  between  town  of  Bellingham  and, 
established,  and  changes  made  in  certain  laws  relating  to 
territory  affected  .  .  .  .  .  .     641  1, 2 

Freetown,  moneys  from  sale  of  certain  land,  use  for  main- 
tenance or  tax  reduction  purposes  by     .  .  .  .     301  1, 2 

Gay  Head,  building,  certain,  on  land  owned  by  Dukes  County 

in,  purchase  of,  by  said  county     .  .  .  .  .82  1,2 

Menemsha  creek  in,  and  in  town  of  Chilmark,  improve-  /    H  1<  2 

ments  in,  contributions  to  cost  of,  by  said  towns  .  \      9  1,2 

state  re-appropriation 419  Page  474 


131 

1,2 

469 
197 

1.2 

182 

1-3 

392 

1-7 

621 

1.2 

1424 


Index. 


CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Gosnold,  municipal  advertising  purposes,  appropriations  for 

municipal  lighting  plant,   maintenance   and   operation  by, 

certain  provisions  of  law  relative  to  municipal  lighting 

plants  not  to  apply  to  ...... 

Granby,  borrowing  of  money  by,  for  constructing  and  equip- 
ping a  school  building  ...... 

Granville,  water  bureau  of  the  metropolitan  district  of  Hart- 
ford, Connecticut,  lands  held  by,  in,  payments  in  lieu  of 
taxes  on,  regulation  of  ...... 

Greenfield,  appropriation  of  money  by,  to  provide  facilities 
for  holding  therein  state  convention  of  Veterans  of 
Foreign  Wars  of  the  United  States  .... 

North  street  in,  structure  and  pipe  line  bridging,  construc- 
tion and  maintenance,  authorized  .... 

Greenwich,  welfare  relief  furnished  to  certain  inhabitants  of 
former  town  of,  reimbursement  for         .... 

Hamilton,  water  commissioners,  board  of,  in,  filling  of  vacan- 
cies in,  further  regulated,  etc.         ..... 

Harvard,  Bromfield  School,  Trustees  of,  real  estate  owned  by, 
lease  of,  to,  for  school  and  town  building  purposes   . 
Shaker  Cemetery  in,  portion  of,  acquisition  and  use  of,  by 
said  town,  as  a  Shaker  cemetery   ..... 

Hingham,  naval  ammunition  depot  in,  acquisition  by  United 
States  of  certain  lands  for  expansion  of,  consent  of  com- 
monwealth to,  etc.        ....... 

Hudson,  Lake  Boone  in,  use  of  waters  of,  regulated 

Hull,   electric  light   department   of,    offices   and   positions   of 

employees  in,  placed  under  ci\'il  service 

Hingham  bay,  tidewaters  of,  from  Hog  island  to  mainland 

in,  bridge  without  a  draw  over,  construction  authorized 

wharf  and  recreation  center,  acquisition  of  lands,  etc.,  for 

purposes  of,  in     . 

Lancaster,  land  in,  owned  by  commonwealth,  conveyance  of 
certain,  by  trustees  of  Massachusetts  training  schools  to 
United  States      ........ 

Lincoln,  land  in,  acquisition  of  certain,  by  department  of 
public  works  for  establishment  by  United  States  of  Bed- 
ford airport,  so  called  ....... 

Ludlow,  town  meeting  members  in,  further  regulating  filing 
nomination  papers  by  candidates  for  election  as 

Lynnfield,  Lj^nnfield  Center  Water  District  in,  authorized  to 
make  additional  water  loan  ..... 

Mansfield,  school  loan  authorized  .  .  .  .  . 

sewer  assessments  in,  rate  of  interest  on,  reduced 
town  meetings  in,  insertion  of  certain  articles  in  warrants 
for     .......... 

Marion,  sewer  commissioners  of,  taking  of  land  for  sewer  pur- 
poses and  certain  other  acts  bj',  validated,  etc. 

Marshfield,  shores  in,  protection  of,  contribution  by  Plymouth 
county  toward  cost  of      .       . 
streets  and  ways,  certain,  in,  laying  out,  widening  and  relo- 
cation of,  etc.       .  .  .  .  . 

Mashpee,  advisory  commission  for,  existence  extended  and 
authority  thereof  enlarged    ...... 

Medfield,  school  loan  authorized  .  .  .  .  . 

Middleton,  Essex  county  agricultural  school,  purchase  of  ad- 
ditional land  and  buildings  to  be  used  for  purposes  of,  in 

Milford,  town  accountant,  office  placed  under  civil  service 
laws  .......... 

Millville,  establishment  of  places  of  business  in,  encourage- 
ment of,  investigation  relative  to  .  .  .        Resolve 

Milton,  highway,  radial,  from  Boston  to,  cost  and  need  of, 
investigation  relative  to,  etc.  .  .  .        Resolve 

sewerage  works,  additional,  for,  etc.,  investigation  by  met- 
ropolitan district  commission  relative  to  .        Resolve 

Monson,  borrowing  of  money  and  use  of  certain  funds  by,  for 
alterations  and  repairs  of  high  school  building 

Montague,  Montague  Center  Fire  District  in,  establishment, 
etc.    .  .  .  .  .  .  .  .  .  . 

Richason,  John,  made  eligible  to  certain  retirement  rights 
upon  his  becoming  a  member  of  retirement  S5'stem  of 


Chap. 
98 

684 
248 

498 

43 
281 
536 

68 
183 
181 

702 
712 

55 

632 

21 

146 

268 
650 

167 

471 
602 
249 

205 

545 

449 

628 

189 
34 

131 

14 

33 

29 

93 

126 

431 

357 


Item  or 
Section. 


1.2 


1,2 
1.2 


1.2 
1-4 
1.2 
1.2 

1.2 

1-4 
1-11 

1,2 

1.2 
1-4 

1.2 
1-4 


1.2 
1.  2 
1-3 


1.2 

1-3 

1-4 

1,  2 
1,  2 

1,  2 

1,2 


1.2 

1-13 

1,2 


Index.  1425 


Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Cotiiinued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Nantucket,  appointment  bj',  of  special  officer  to  protect  birds 
on  island  of  Muskeget,  repeal  of  certain  provisions  of  law 
relative  to  ........       26 

Natick,  school  loan  authorized     .  .  .  .  .  .8  1,2 

Newbury,  water  supply  for,  and  its  inhabitants     .  .      _    .     636  1-10 

New  Salem,  town  hall,  installation  of  heating  and  ventilating 
equipment  in,  use  for,  of  money  received  from  sale  of  cer- 
tain real  estate  for  purposes  of  metropolitan  water  district         3  1,2 

North  Andover,  Shawsheen  river  in,  dikes  and  pumping  equip- 
ment at,  construction  of,  etc.,  survey  relative  to       Resolve       35 

North  Attleborough,  reimbursement  of,  by  commonwealth  for 
money  expended  for  care  of  Eleanor  Cronin,  a  ward  of 
the  commonwealth       .....       Resolve       61 

North  Reading,  school  loan  authorized  .  .  .  .66  1,2 

Norwood,  Henry  O.  Peabody  school  for  girls  at,  maintenance 

of,  etc.,  state  reimbursement  for,  to  said  town,  etc.  .  .     617  1,2 

Oak  Bluffs,  Trapp  pond,  land  near,  in,  acquisition  by  common- 
wealth for  public  beach,  investigation  relative  to    Resolve       44 

Orange,  easement  in  certain  state  land  in,  granting  to  said 

town  for  the  construction,  etc.,  of  a  sewer  therein     Resolve       16 

Otis,  East  Otis  reservoir  in,  outlet  and  spillway  of,  screening 

by  department  of  conservation  ..... 

appropriation       .  .  .  .  .  .  .         _ . 

Pepperell,  lines,  poles,  etc.,  of  Middlesex  County  Electric 
Company  and  New  England  Telephone  and  Telegraph 
Company  in,  locations,  etc.,  validated    .... 

Phillipston,  school  loan  authorized        ..... 

Plainville,  Plainville  town  park,  so  called,  in,  construction  of 
building  for  town  office  and  fire  station  purposes  within 
limits  of      ........  . 

Plymouth,  borrowing  of  money  by,  for  purpose  of  improving  f 
Plymouth  harbor  .  .  .  .  .  .  .  \ 

court  house  and  registry  building  in,  making  of  changes  and 
repairs  in,  by  Plymouth  county     ..... 

land  in  Plymouth  county,  lease  of  certain,  to  said  town  for  f 
dump  purposes    .  .  .  .  .  .  .  .  \ 

old  high  school  building,  installation  of  heating  and  ventilat- 
ing equipment  in,  etc.,  borrowing  of  money  for,  by  .  .     161  1,  2 
Plymouth  harbor,  improvement  of,  by  commonwealth,  fed- 
eral government  and    .....        Resolve       86 

United  Spanish  War  Veterans,  state  convention  of,  facilities 

for,  appropi'iation  of  money  for,  by         ...  .     453  1,  2 

Prescott,   welfare  relief   furnished   to  certain  inhabitants  of 

former  town  of,  reimbursement  for         ....     536  1, 2 

Provincetown,  state  land,  certain,  in,  conveyance  to  inhabit- 
ants of  said  town  .......     615 

Reading,  Lake  Quannapowitt,  low  lands  adjacent  to,  in,  drain- 
age of,  payment  of  estimated  cost  for     .  .  .  .62  1,  2 

Rockland,  land,  certain,  in,  acquisition  by  United  States  for 
lighter-than-air  base,  so  called,  consent  of  commonwealth 
to,  etc.        ......... 

Rockport,  water  pumping  station,  installation  of  new  pumps 
at,  expenditure  of  certain  funds  for,  by  ... 

Rutland,  system  of  main  drains  and  common  sewers  in,  con- 
struction, maintenance  and  operation  of  .  .  . 

Salisbury,  West  Parish  Society  of  Salisbury,  property  of,  in 
town  of  Amesbury,  conveyance  to  The  Society  for  the 
Preservation  of  New  England  Antiquities 

Saugus,  selectmen  of,  to  act  as  board  of  sewer  commissioners  . 
town  meeting  members  in,  number  of,  relative  to 
water  supply  for,  from  metropolitan  district  commission     . 

Scituate,  Scituate  Water  Company,  maintenance,  etc.,  of, 
raising  by  taxation  money  for,  power  of  said  town 
enlarged      .........     252 

Sheffield,  Curtiss  Additional  Cemetery  Association  in,  prop- 
erty of.  Pine  Grove  Cemetery  Association  authorized  to 
receive  and  administer,  etc.  .  .  .  .  .156  1-4 

Shelburne,  Cowell  Gymnasium  in,  maintenance  of,  contribu- 
tion to  cost  of,  by  town  of  Buckland       .  .  .  .4  1,2 
Shelburne  Falls  Fire  District  in,  and  in  town  of  Buckland, 

extensions  of  boundaries  of  .  .  .  .  .  .     672  1, 2 


572 
683 

1002-52 

111 
427 

1.  2 
1,2 

41 

64 

513 

1.2 
1.  2 
1,  2 

100 

31 

152 

1-3 
1,  2 
1,2 

702 

1-4 

22 

1.2 

430 

1-10 

238 

35 

367 

566 

1-3 
1-4 
1.2 
1-3 

1426 


Index. 


Chap. 
CITIES  AND  TOWNS— Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Shirley,  lines,  poles,  etc.,  of  Middlesex  County  Electric  Com- 
pany and  New  England  Telephone  and  Telegraph  Com- 
pany in,  locations,  etc.,  validated  .  .  .  .111 

Southborough,  metropolitan  water  system,  pressure  aqueduct 

and  tunnel  of,  taking  of  water  from,  by  .  .  .     644 

Southwick,  water  from  within,  taking  and  holding  of,  by  town 

of  West  Springfield       .......     408 

Stoughton,  furnishing  of  water  by,  to  town  of  Avon        .  .     705 

Stow,  Lake  Boone  in,  use  of  waters  of,  regulated  .  .  .     712 

Sudbury,  Sudbury  Water  District  in,  authorized  to  make  ad- 
ditional water  loan        .  .  .  .  .  .  .127 

Sutton,  school  loan  authorized     ......     426 

Swampscott,  locker  building  within  limits  of  Phillips  Park, 

construction  and  maintenance  of,  by      .          .          .          .16 
park  lands,  certain,  in,  use  for  highway  purposes         .          .114 
storage  and   locker  building  and   recreation  lodge  within 
limits  of  Jackson  Park,  construction  and  maintenance  of, 
by 17 

Tewksbury,  city  of  Lowell  authorized  to  furnish  water  to  cer- 
tain inhabitants  of        ......  .     500 

Tisbury,  channel  from  Vineyard  sound  to  Tashmoo  pond  in, 
construction,  contribution  to  cost  of,  etc.,  and  repealing 
act  authorizing  construction  of  a  bridge  over  said  channel     565 

Tolland,  water  bureau  of  the  metropolitan  district  of  Hart- 
ford, Connecticut,  lands  held  by,  in,  payments  in  lieu  of 
taxes  on,  regulation  of   -        .  .  .  .  .  .     498 

Tyngsborough,    Dracut    Water    Supply    District,    additional 

sources  of  water  supply  for,  in       .  .  .  .  .521 

lines,  poles,  etc.,  of  Middlesex  County  Electric  Company 
and  New  England  Telephone  and  Telegraph  Company  in, 
locations,  etc.,  validated        .  .  .  .  .  .111 

Wakefield,  lines,  poles,  etc.,  of  electric  light  department  of, 
and  New  England  Telephone  and  Telegraph  Company 
in,  locations,  etc.,  validated  .....     124 

selectmen,  question  of  fixing  tenure  of  office  of,  in,  voting  on, 
by  said  town  at  its  annual  town  meeting  in  1942     .  .       56 

Walpole,  Town  park,  so  called,  portion  of,  conveyance  by      .     299 

Wareham,  Onset  harbor  in,  dredging  of,  share  of  cost  of,  bor- 
rowing of  money  for,  by        .  .  .  .  .  .168 

Watertown,  beach  bordering  Charles  river  in,  designated  as 

Clarence  W.  Dealtry  Memorial  Beach    .  .  .  .32 

law  applicable  to  tenement  houses,  revocation  of  acceptance 
of  certain  provisions  of,  by,  voting  on,  by  said  town  at 
its  next  annual  town  election  .....         6 

North  Branch  library  in,  remodeling  of,  use  for,  of  money 
received  from  sale  of  old  town  hall  .  .  .  .120 

Webster,    armory   in,    erection   of,   investigation   by   armory 

commission  relative  to  ....        Resolve         4 

Wellesley,  park  lands,  certain,  in,  use  for  public  way  purposes     551 

Wellfleet,  Wellfleet  harbor,  improvement  of,  by  common- 
wealth, federal  government  and     .  .  .        Resolve       86 

West  Springfield,  chairman  of  board  of  public  welfare  to  be 

town  meeting  member  ex  officio  of  ...  .     284 

water  within  town  of  Southwick,  taking  and  holding  of,  by     ,408 

West  Tisbury,  Big  Homers  pond  in,  taking  of  fish  from,  except 

by  fly  fishing,  penalized         .  .  .  .  .  .157 

Weymouth,  highway  in,  as  by-pass  of  Weymouth  Landing, 

80  called,  investigation  relative  to  .  .        Resolve       26 

land  in,  acquisition  of,  by  said  town  for  lease  or  conveyance 
to  United  States  for  airport  purposes     ....         7 

lighter-than-aLr  base,  so  called,  acquisition  by  United  States 
of  certain  lands  for  establishment  of,  in,  consent  of  com- 
monwealth to,  etc.        .......     702 

municipal  building  insurance  fund  commission  in,  estab- 
lishment, etc.       ........     358 

representative  town  meetings  in,  number  of  votes  required 

upon  referendum  to  reverse  action  of      .  .  .  .     429 

Weymouth  Back  river,  improvement  of,  by  commonwealth, 
federal  government  and         ....       Resolve        86 

Williamstown,  Williamstown  Water  Company,  water  supply 
for,  and  purchase  and  operation  of  property  of  said  com- 
pany by      ........  .     606 


Item  or 

Section. 


1.2 

1-4 

1.2 

1-3 

1-11 


1.2 
1.  2 

1.2 
1,2 


1-3 
1-4 

1,2 

1.2 

1.2 

1,2 

1.  2 
1.2 
1.2 

1.2 
1,2 


1.2 
1.2 

1-3 

1-4 
1.2 
1.2 

1-8 


Index. 


1427 


CITIES    AND    TOWNS  —Concluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 

Winchester,  park  land,  certain,  in,  use  for  public  playground 

town  hall  building,  altering  and  improving  of,  borrowing  of 

money  for,  by      .......  . 

Winthrop,  bridges,  certain,  between  Boston  and  Chelsea,  con- 
struction, reconstruction,  etc.,  of,  assessment  of  part  of 
cost  of,  on,  etc.    ........ 

public  offices  of,  to  be  closed  on  March  seventeenth  each 
year  .......... 

rapid  transit  facilities  for,  providing  of,  investigation  rela- 
tive to         ....  .  .  .        Resolve 

real  estate,  certain,  in,  acquisition  of,  for  certain  purposes 
shore  protection  at,  cost  of  certain  repairs  for,  state  appro- 
priation     ......... 

square  at  intersection  of  Beach  road  and  Shore  drive  in, 
designated  as  Fred  Dinsfriend  square     .... 

Worthington,   school   building,   erection,   etc.,    borrowing   of 
money  for,  authorized  ...... 

Wrentham,  Wrentham  Cemetery  Corporation,  extending  time 
for  acceptance  of  act  authorizing  said  town  to  receive  and 
administer  the  property  of    . 
CITYfAND   TOWN   AUDITORS: 

civil  service  positions,  rosters  of,  and  the  incumbents  thereof, 
filing  with,  etc.    ........ 

CITY   AND   TOWN   CLERKS: 

in  general,  absent  voter  ballots  and  other  documents,  prepara- 
tion of  envelopes  to  contain,  duties  as  to 
auctioneers'  licenses,  special,  signing,  etc.,  by         .  .  . 

births,  marriages  and  deaths,  certain  certificates  relating  to, 
issued  by,  no  longer  required  to  state  provision  of  law 
under  which  same  are  issued  ..... 

returns  of,  powers  and  duties  as  to   . 
civil  service  laws,  placing  of  certain  municipal  officers  under, 

by  popular  vote,  powers  and  duties  as  to 
death,  records  of,  of  war  veterans  received,  etc.,  by,  to  state 
war  in  which  veteran  served  ..... 

dogs,  licensing  of,  refunds  of  fees  paid  for,  forbidden  in  certain 
cases  .  . 

transfer  license,  issuance  in  case  of  removal  of  dog  from  one 
municipality  to  another,  powers  and  duties  as  to     . 
filing  and  recording  of  instruments  with : 

civil  service  laws,  placing  of  certain  offices  under,  by  popular 
vote,  petitions  for,  etc.  ...... 

explosives  and  inflammable  materials,  certain,  certain  cer- 
tificates of  registration  in  connection  with,  penalty  for 
failure  to  file        ........ 

nomination  papers  of  candidates  to  be  voted  for  at  city  and 
town  primaries,  time  of  filing         ..... 

political  expenses  of  candidates  and  political  committees, 
statements  of       .......  . 

game  and  inland  fisheries,  laws  relating  to,  powers  and  duties 
in  connection  with        ....... 

marine  fish  and  fisheries,  laws  relating  to,  powers  and  duties 
in  connection  with        ....... 

marriage,  certificates  of  intention  of,  issuance  by,  non-resident 
minors,  to,  consent  of  parent  or  guardian  required  in  case  of 
notices  of  intention  of,  powers  and  duties  as  to,  further  regu- 
lated ......... 

city  clerks,  city  charters,  standard  form,  petition  calling  for 
vote  on  question  of  adopting,  certified  copy  of,  to  be  filed 
with  .......... 

nomination,  certificates  of,  and  nomination  papers  for  city 
offices,  time  of  filing  with      ...... 

town  clerks,  military  or  naval  service,  elected  town  officers  in, 
board  designated  to  fill  positions  of,  to  be  member  of 
zoning  laws,  certain  appeals  under,  notice  of,  filing  with 
CITY   AND   TOWN   COLLECTORS: 

uncollected  accounts  turned  over  to,  collection  of      . 
See  also  Collectors  of  taxes. 
CITY   AND   TOWN   SOLICITORS:     '"' 

city  treasurers,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to 


Chap. 


Item  or 
Section. 


207 

23 

1.  2 

178 

1.2 

91 

1.2 

28 
101 

419  1 

1-3 
2937-13. 
2937-14 

527 

1.2 

479 

1-3 

80 


165         1,2 


333 
81 


50 
434 

414 

51 

132 

133 

414 

288 
272 

280  1, 2 
r  2,  Subs.  6-9, 

599^  11-14,73, 
I  74, 94 
/  1,  Subs.  52, 
[53,61,62,74 


598 


270 
/601 
\697 


640 

/278 

\472 

708 
198 

308 


99 


2 
1-4 
1-3 


11 
1 


1428 


Index. 


CITY   AND   TOWN   TREASURERS: 

in  general,  civil  service  positions,  rosters  of,  and  the  incumbents 
thereof,  use  of,  in  connection  with  payment  of  salaries  or 
compensation,  powers  and  duties  as  to  . 
employment  security  law,  certificates  that  foreign  corporations 
or  non-residents  have    paid    contributions    under,  filing 
with  ......... 

indemnification  and  protection  of,  in  the  performance  of  their 
duties  in  certain  cases,  municipalities  required  to  make 
provision  for        ........ 

retirement  systems,  contributory,  in  cities  and  towns,  inclusion 
in,  of  employees  of  certain  free  public  libraries,  powers  and 
duties  as  to 
state  tax,  apportionment  and  assessment  of,  duties  as  to 
taxes  collected  on  classified  forest  lands,  etc.,  duties  as  to 
tax  title  accounts,  satisfaction  of,  instruments  acknowledging, 

powers  and  duties  as  to         . 
tax  titles,  borrowing  of  money  based  upon,  powers  and  duties 
as  to  ......... 

sale  of  lands  of  low  value  held  by  cities  or  towns  under, 

powers  and  duties  as  to         . 

town  treasurers,  military  or  naval  service,  elected  town  officers 

in,   board  designated  to  fill  positions  of,   to  be  member 

of,  etc.         ......... 

occupational  guidance  and  placement,  directors  of,  appointed 
in  two  or  more  towns,  certification  of  share  of  cost  of,  to 
retirement  systems,  contributory,  in  certain  towns  under  ten 
thousand  population,  duties  as  to 
City  charters,  standard  form,  question  of  adopting,  submission  to 
voters  at  city  elections  instead  of  state  elections,  providing 
for     .......... 

City  committees  (see  Elections,  political  committees). 
CITY   COUNCILS: 

airport  approaches,  protection  of,  powers  and  duties  as  to 
bicycles,  registration  and  operation  of,  act  regulating,  acceptance 
by,  etc.       ......... 

budgets  in  cities  other  than  Boston,  powers  and  duties  as  to, 
further  regulated  ....... 

ci\'il  service  laws,  placing  of  certain  city  offices  under,  by  popular 
vote,  petitions  for,  submission  to,  etc.   .... 

marine  fish  and  fisheries,  powers  and  duties  as  to      . 

military  emergency,  safety  of  commonwealth  in  time  of,  powers 

and  duties  as  to 
treasurers,  city,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to 
zoning  ordinances,  adoption  and  amendment  of,  by,  upon  failure 
of  planning  or  zoning  boards  to  file  certain  reports  in  rela- 
tion thereto  ........ 

Civil  actions  (see  Actions,  civil ;   Practice  in  civil  actions) . 

Civil  engineer,  term,  engineers  and  land  surveyors,  registration  of, 

law  providing  for,  not  to  restrict  use  of,  etc.   . 
CIVILIAN    CONSERVATION    CORPS: 

state  forests,  certain,  operations  in,  of,  portion  of  proceeds  of 
sales  of  products  resulting  from,  payment  by  common- 
wealth to  United  States         ...... 

property  in,  now  or  formerly  used  by,  leasing  of,  to  United 
States  for  national  defense  purposes       .... 

state  selecting  agent  for,  appropriations  ..... 

Civilian  defense,  borrowing  of  money  for,  by  cities  and  towns 

regulations  as  to    . 
CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF: 


in  general,  appropriations    . 


civil  service,  division  of,  appropriations 


Chap< 

165 

685 


Item  or 

Section. 


1.2 

l,Sub3.  19 


411 
731 
652 

2 

3.7 

1,  Subs.  2 

231 

129 

1.2 

594 

1-3 

708 

11 

676 

2,  Subs.  38D 

377 

640 


1.2 


537 

5 

710 

1.2 

473 

2.3 

414 

598' 

l.Subs. 

52-65.  73, 

76,94,97; 

6,  Subs.  8B 

719 

4.5 

99 

320 

043 

2,  Subs.  810 

94 

63 

419 

487 
719 

419 

683 

730 

419 
683 


1901-08, 

1901-09 

1-3 

3,4.8 

1401-01  to 
1501-06 

1402-02  to 
1420-02 

1412-01  to 
1417-02 

1402-01  to 
1402-03 
1402-02 


Index.  1429 

Item  or 
Chap.  Section. 

CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF 

—  Continued. 
civil  service,  division  of  —  Concluded. 

commission,  acting  director  of  civil  service,  designation  of, 

powers  as  to         .  .  .  .  .  .  .     403 

appointments  and  promotions,  certain,  powers  and  duties 
as  to 491 

chairman  of,  to  be  member  of  board  to  act  in  connection  with 
merit  system  established  for  certain  officers  and  employees 
of  local  boards  of  public  welfare     .....     402  1 

compensation  of  commissioners,  relative  to  .  .  .     457 

investigating  powers  of,  certain  limitations  on,  repeal  of     .     559 

rules  of,  to  include  pro\dsions  for  establishment  of  classes 
and  grades  ........     190 

director,  acting,  designation  of     .  .  .  .  .     403 

appointments  and  promotions,  certain,  powers  and  duties 
as  to  .........     491 

Cambridge,  city  of,  appointments  to  municipal  offices  in, 

etc.,  approval  by  ......  .     505  1 

classification  of  certain  municipal  civil  service  employees, 

powers  and  duties  as  to         .  .  .  .  .  .     290* 

district  courts,  clerks  of,  information  relative  to  certain 
petitions  brought  under  civil  service  laws  in  such  courts, 
furnishing  by,  to  .  .  .  .  .  .  .     135 

employment  security,  division  of,  deputies  and  assistants  in, 
appointment  and  status  under  ciAol  service  laws,  powers 
and  duties  as  to  .......     709  1-3 

examinations,  restriction  of,  either  to  male  or  to  female  per- 
sons in  certain  cases,  to  be  in  discretion  of      .  .  .721 

fire  force,  reserve,  in  certain  cities,  promotion  from,  to  regu- 
lar force,  certification  of  names  for,  by  .  .  .  .38 

investigating  powers  of,  certain  limitations  on,  repeal  of       .     559 

merit   system   for   certain  officers   and  employees  of  local  f  402  1,2,7,8 

boards  of  public  welfare,  powers  and  duties  as  to     .  .  \  588  1-3 

military  or  naval  forces,  public  officers  and  employees  in, 

reinstatement  of,  etc.,  powers  and  duties  as  to         .  .     708  4, 5 

milk  control  board,  employees  of,  placed  under  civil  service, 

duties  as  to  .  .  .  .  .  .  .  .     691  4 

partially  disabled  public  employees,  employment  of,  under 

civil  service,  approval  by       .....  .     649 

police  force,  appointments  to,  upon  certification  of      .  .     621 

reserve,  promotion  from,  to  regular  force,  certification  of 
names  for,  by  .......       39 

public  health,  department  of,  officers  and  employees  certain, 

of,  placed' under  civil  ser\'ice,  powers  and  duties  as  to        .     725  4-6 

rosters  of  positions  in  classified  civil  service  and  the  incum- 
bents thereof,  preparation  and  keeping  of,  powers  and 
duties  as  to  .  .  .  .  .  .     165  1 

seniority  of  certain  municipal  civil  service  employees,  estab- 
lishment of,  powers  and  duties  as  to       .  .  .  .     290 

treasury  unit,  so  called,  employees  of,  upon  transfer  of  said 
unit  to  division  of  employment  security,  civil  service 
status  of,  powers  and  duties  as  to  .  .  .  .     686  1 

unemployment   compensation,    division   of,    reclassification 

of  offices  and  positions  in,  powers  and  duties  as  to         .     517  2 

merit  system  for  certain  officers  and  employees  of  local  boards  f  402  1-9 

of  public  welfare  to  be  administered  by,  establishment,  etc.  \  588  1-3 

military  or  naval  forces,  public  officers  and  employees  in,  rein- 
statement of,  certificate   as   to   physical  capacity,  filing 

with 708  2 

.10/     1403-01  to 

*^^  ^  1421-02 

1403-02  to 

1420-02 

1412-01  to 

1417-02 


registration,  division  of,  in  general,  appropriations 


683 
730 


architects,  board  of  registration  of,  appropriation            .          .     730  1413-01 

establishment,  etc.            .......     696  1-4 

[4,9/  1420-01, 

barbers,  board  of  registration  of,  appropriations     .           .          .  <          \  1420-02 

[  683  1420-02 
certificates  for  registration  as  barbers,  annual  renewal  of, 

by,  and  further  regulating  inspection  of  barber  shops        .     619  1,  2 

qualifications  of  members  of     .          .          .          .          .          .     385  1, 2 


1430 


Index. 


CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF 

—  Concluded. 
registration,  division  of  —  Concluded. 


Chap. 


chiropody  (podiatry),  board  of  registration  in,  appropriations     419 


dental  examiners,  board  of,  appropriations  .... 
director,  nurses  and  attendants,  registrar  of,  appointment  by 
electricians,  state  examiners  of,  appropriations 

embalming  and   funeral   directing,  board  of  registration  in, 
appropriations     ....... 

power  of,  to  regulate  employment  of  embalmers  by  funeral 
directors,  limited  ....... 

engineers  and  land  surveyors,  professional,  board  of  registra- 
tion of,  appropriation  ....... 

establishment,  etc.  ....... 

hairdressers,  board  of  registration  of,  accounting  by,  to  state 
treasurer  for  certain  sum  of  money,  relieved  from  Resolve 

appropriations         ........ 

powers  and  duties  further  defined     ..... 

medicine,  board  of  registration  in,  appropriations 

chairman  of,  to  be  member  of  board  to  act  in  certain  matters 
relating  to  certain  medical  service,  corporations 

secretary  of,  nurses  and  attendants,  approving  authority  for 
schools  for,  to  be  member  of  ....  . 

nurses,  board  of  registration  in,  appropriations 

name  changed,  number  of  members  increased,  etc.,  and  pro- 
vision made  for  hcensing  attendants  and  for  approving 
schools  for  nurses  and  attendants  .... 

optometry,  board  of  registration  in,  appropriations 

pharmacy,  board  of  registration  in,  agents  of,  act  promoting 
equality  of  compensation  for  positions  in  state  service, 
as  affecting  ........ 

appropriations         ........ 

powers  and  duties  of        ......  . 

plumbers,  state  examiners  of,  accounting  by,  to  state  treasurer 
for  certain  sum  of  money,  relieved  from  .        Resolve 

appropriations         ........ 

executive  secretary  of,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service,  as  affecting  . 

public  accountants,  board  of  registration  of,  appropriations    . 


419 

620 
419 

1 419 

232 

730 
/643 
\722 

72 
419  I 
626 

419  I 

306 


Item  or 
Section. 


1406-01  to 
1406-02 
1405-01  to 
1405-03 
2,  Subs.  14A 
1416-01, 
1416-02 
1409-01  to 
1409-03 


1412-01 

1-5 

lA,  9A-9C 


1421-01. 

1421-02 

1-13 

1404-01, 

1404-03 

Subs.  12 


620  2,  Subs.  ISA 
4,9  f  140^-01, 
*^^  \  1408-02 

fioo  /  140S-01, 
^^"^  I  1408-02 


620 
419  I 

696 

|419{ 

[683 
52 


62 
419/ 
730 

596 

419 


veterinary  medicine,  board  of  registration  in,  appropriations  .     419 

Civil  service  commission  (see  Civil  service  and  registration,  de- 
partment of). 
Civil  service,  division  of  (see  Civil  service  and  registration,  de- 
partment of). 
CIVIL   SERVICE   LAWS: 

age,  maximum,  fire  force,  reserve,  appointments  from,  to  regular 

force,  for,  under  .......       38 

police  force,  reserve,  appointments  from,  to  regular  force,  for, 

under  .........       39 

appointments  to  regular  police  force  under,  relative  to       .  .621 

appointments  under,  further  regulated     .  .  .  .  .491 

Boston  airport,  so  called,  employees  working  on  improvements 

at,  to  be  under    ........     695 

classes  and  grades  under,  establishment  of        .  .  .  .190 

classification  of  certain  municipal  employees  under   .  .  290 

classified  public  service,  certain  employees  in,  not  to  be  subject 

to  a  probationary  period  under     .  .  .  .  .195 


1-12 
1410-01, 
1410-02 


1407-01  to 

1407-03 

1407-02 

1,2 


1417-01, 
1417-02 
1417-02 


1414-01, 

1414r^2 

1411-01, 
1411-02 


16 


135 
491 

709 

1-6 

643 

4 

491 

721 
224 

1.2 

Index.  1431 

Item  or 
Chap.  SeotioD. 

CIVIL    SERVICE    hAWS  —  Continued. 

correction,  department  of,  employees  of,  assigned  to  parole  mat- 
ters, status  under  .......     690  8 

institutions  under  control  of,  officers  and  employees  of,  hold- 
ing office  or  employment  in  classified  civil  service,  removal 
and  other  change  in  status  of  certain,  relative  to     .  .     257 

disabled,  partially,  public  employees,  employment  of,  and  tem- 
porary filling  of  their  original  positions  under  .  .  .     649 

district  courts,  certain  petitions  brought  in,  under,  information 
relative  to,  furnishing  by  clerks  of  such  courts  to  director 
of  civil  service     ........ 

emergency  appointments  under,  further  regulated     . 

employment  security,  division  of,  deputies  and  assistants  in, 
appointment  and  status  under       ..... 

engineers,  certain,  under,  eligible  to  register  as  professional  engi- 
neers, etc.  ......... 

examinations  for  positions  under,  form,  method,  etc.,  of,  further 
regulated    ......... 

restricted  in  certain  cases  either  to  male  persons  or  to  female 
persons        ......... 

Fall  River,  chief  of  fire  department,  office  placed  under 

fire  departments,  reserve  force  of,  age,  maximum,  for  appoint- 
ments from,  to  regular  force  in  certain  cities  under  .       38 
promotion  from,  to  regular  force  in  certain  cities,  certifica- 
tion of  names  for,  under        ......       38 

firemen,  auxiliary,  appointed  in  cities  and  towns  for  civilian  de- 
fense purposes,  not  subject  to        ....  . 

fisheries  and  game,  division  of,  employees  of,  assigned  to  bureau 
of  law  enforcement,  status  under  ..... 

governor's  committee  on  public  safety,  persons  employed  by,  not 
subject  to  . 

grades  and  classes  under,  establishment  of        ...  . 

Holyoke,  city  engineer,  office  placed  imder        .... 

superintendent  of  outdoor  work  of  board  of  public  works, 

office  subjected  to,  in  certain  respects    .... 

Hull,  electric  light  department,  offices  and  positions  of  employees 
of,  placed  under  ....... 

injuries  on  account  of  which  workmen's  compensation  is  paid, 
inability  to  work  because  of,  separation  from  service  in 
case  of,  further  regulated      ...... 

investigation  relative  to  .....        Resolve 

appropriation  ........ 

investigations  relative  to  efficiency,  duties,  etc.,  of  persons  in  clas- 
sified civil  service,  repealing  certain  limitations  as  to 

judicial  review  to  determine  seniority  rights  under,  multiplicity 
of  petitions  for,  avoidance  of  ....  . 

Lowell,  chief  of  fire  department,  office  placed  under 

marine  fisheries,  division  of,  employees  of,  acting  as  coastal 
wardens  and  inspectors,  status  under     .... 

merit  system,  substantially  similar  to  civil  service  system,  for ' 
certain  officers  and  employees  of  local  boards  of  public 
welfare,  establishment,  etc.  ..... 

Milford,  town  accountant,  office  placed  under 

military  or  naval  forces,  public  officers  and  employees  in,  status  1  , 
under,  etc.  ........  J 

milk  control  board,  employees  of,  placed  under 

nurses  and  attendants,  registrar  of,  to  be  appointed  subject  to    . 

offices  and  positions,  classified  service  of  commonwealth,  under, 
classification  and  salary  ranges  of,  survey  as  to       Resolve 

offices,  municipal,  placing  of  certain,  under,  by  popular  vote 

plumbing,  inspector  of,  position  of,  under,  relative  to 

police,  auxiliary,  appointed  in  cities  and  towns  for  civilian  de- 
fense purposes,  not  subject  to        ....  . 

officers,  age,  maximum,  for  appointment  from  reserve  force  to 
regular  force        ........ 

appointment  of,  under,  relative  to     . 
promotion  from  reserve  force  to  regular  force,  certification 
of  names  for,  under      .......       39 

positions  under,  rosters  of  (see,  infra,  rosters  of  positions  under). 

postmaster  and  assistant  postmaster  of  central  mailing  room, 

positions  of,  placed  under      ......     433  1—4 

probationary  period  under,  certain  employees  in  classified  public 

service  not  to  be  subject  to  a         .  ,  .  .  .     195 


719 

6 

599 

4A 

33 
190 
204 

1 
1,2 

137 

1.2 

55 

1.2 

136 

36 

683 

0216 

559 

166 
679 

1.2 

598 

8 

402 
588 

1-9 
1-3 

14 

708  { 

691 
620  2, 

1.2 

1-5,  7,  13, 

24,25 

4 

Subs.  14A 

85 

414 

49 

719 

5 

39 
621 

1432 


Index. 


CIVIL    SERVICE    LAWS  —  Concluded. 

promotions,  fire  force,  reserve,  from,  to  regular  fire  force 
police  force,  reserve,  from,  to  regular  police  force  . 
under,  further  regulated      ....... 

provisional  appointments  under,  further  regulated     . 

public  health,  department  of,  officers  and  employees,  certain, 
of,  placed  under  .  .  .  .  . 

public  welfare,  local  boards  of,  certain  officers  and  employees 
of,  merit  system,  substantially  similar  to  civil  service  sys- 
tem, for,  establishment,  etc.  ..... 

public  works,  department  of,  certain  positions  in,  placed 
under  ......... 

removals,  suspensions,  etc.,  under,  certain  petitions  relating  to, 
brought  in  district  courts,  information  relative  to,  furnish- 
ing by  clerks  of  such  courts  to  director  of  civil  service 

rosters  of  positions  under,  and  the  incumbents  thereof,  prepara- 
tion and  keeping  of,  and  use  of  such  rosters  m  connection 
with  payment  of  salaries  or  compensation 

rules  under,  to  include  provisions  for  establishment  of  classes  and 
grades         ......... 

seniority  of  certain  municipal  employees  under,  establishment 
of 

seniority  rights  under,  judicial  review  to  determine,  multiplicity 
of  petitions  for,  avoidance  of  ....  . 

preservation  in  certain  cases  of  inability  to  work  because  of' 
certain  injuries  received  in  performance  of  duty 

separation  from  service  in  case  of  inability  to  work  because  of 
injuries  on  account  of  which  workmen's  compensation  is 
paid,  further  regulated  ...... 

state  farm,  certain  employees  of,  placed  under 

state  forester,  persons  employed  by,  to  demonstrate  forestry 
practices,  etc.,  exempt  from  ..... 

state  superintendent  of  buildings,  confidential  secretary  for, 
exempt  from         .  .  .  .  .  .  .     _     . 

surplus  agricultural  commodities,  certain  persons  engaged  in  dis- 
tribution of,  exempt  from      ...... 

treasury  unit,  so  called,  employees  of,  upon  transfer  of  said  unit 
from  department  of  trea"surer  and  receiver  general  to 
division  of  employment  security,  status  under 

unemployment  compensation,  division  of,  offices  and  positions 
in,  reclassified  under    ....... 

vacations  for  certain  civil  service  employees  of  certain  cities  and 
towns  ......... 

Civil  war  veterans,  care  of,  and  their  wives  and  widows,  appro- 
priation     ......... 

organizations  of,  flag  of  United  States  or  of  Massachusetts  be- 
longing to,  staffs  bearing,  attachment  to,  of  streamers 
having  certain  inscriptions  thereon,  authorized,  etc. 

records  of,  distribution  of  copies  of,  to  certain  members  of  general 
court  .  .  .  .  .  .  .        Resolve 

state  service,  formerly  in,  compensation,  appropriation 

See  also  Daughters  of  Union  Veterans  of  the  Civil  War;  Grand 
Army  of  the  Republic;  Soldiers,  sailors  and  marines;  Sons 
of  Union  Veterans  of  the  Civil  War;  Veterans. 


Claims,  accounts  and,  unclassified,  appropriations 


adverse  (see  Adverse  claims). 

settlement  of  certain,  appropriations         ..... 

Clams  (see  Fish  and  fisheries,  marine,  shellfish). 

Clark,  Catherine,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of    .        Resolve 

Clarke  spheroid  of  eighteen  hundred  and  sixty-six,  Lambert 
conformal  projection  of  the,  etc.,  Massachusetts  co-ordi- 
nate system,  so  called,  consists  of,  etc.   .... 

Clarkin,  Harold  E.,  acts  as  a  notary  public  validated    .        Resolve 

Clauss,  Frederic  F.,  reimbursement  of,  by  county  of  Middlesex  for 
certain  legal  expenses  ....... 


Chap. 

38 

39 

491 

491 

725 

402 

588 

627 


135 


Item  or 
Section. 


1-9 
1-3 


1-6 


165 

1,2 

190 

290 

106 

136 

136 
025 

1.2 

455 

512 

634 

1 

086 

1.2 

517 

1.2 

368 

419 

0441-02 

117 

1.2 

15 
419 

2811-01 

419 

683 

730 

2805-01  to 
2820-06, 
2970-07 
r  2805-01  to 
2820-07 
r  2805-01  to 
2820-06 

419. 
683 

0802-01, 
0802-02 
2820-03 

47 
12 


74 


1.2 


Index. 


1433 


Clerk,  house  of  representatives,  of  (see  General  court). 

senate,  of  (see  General  court). 
Clerks,  city  and  town  (see  City  and  town  clerks). 
CLERKS    OF    COURTS; 

district  courts,  of  (see  District  courts). 

superior  court  for  civil  business,  of,  Suffolk  county,  re-employ- 
ment by,  of  Katherine  I.  Lally       ..... 

re-employment  by,  of  MaryT.  Kennealey 
supreme  judicial  court,  of,  commonwealth,  for,  salary,  etc.,  ap- 
propriation ........ 

Suffolk  county,  for,  commonwealth's  part  of  salary,  appro- 
priation      ......... 

Closed  banks  (see  Banks  and  banking). 

Club  of  the  French  Sharp  Shooters  of  New  Bedford,  Mass., 
two  lodges  with  representative  form  of  government,  main- 
tenance by,  authorized  ...... 

Clubs,  meals  served  at,  excise  on  charges  for  certain,  imposition  of, 
and  use  thereof  for  old  age  assistance  fund 
private,  certain,  women  and  children  employed  in,  certain  pro- 
visions of  forty-eight  hour  law,  so  called,  not  to  apply  to 
Coastal  wardens  (see  Fish  and  fisheries). 
Coast  and  Geodetic  Survey,  United  States  (see  United  States 

Coast  and  Geodetic  Survey). 
Cohasset,  harbor,  improvement  by  commonwealth,  federal  govern- 
ment and  town  of  Cohasset  .  .  .        Resolve 
town  of  (see  Cities  and  towns). 
Collective  bargaining  (see  Labor  relations  commission,  state,  so 

called). 
Collective  investments,  small  trust  funds,  of,  relative  to 
COLLECTORS    OF   TAXES: 

bonds  of        ........  . 

classified  forest  lands  and  forest  products,  taxes  on,  collection 
by,  etc.       ........ 

collection  of  taxes  by,  when  a  collector  ceases  to  hold  his  office 
estates  of  persons,  collection  of  taxes  from,  which  persons  were 
relieved  therefrom  for  lack  of  ability  to  pay  or  otherwise 
poll  taxes,  collection  by  ...... 

notices  of,  sending  by  .....  . 

Teal  estate,  parcels  of,  which  are  separately  assessed,  tax  bills  for 

and  payments  thereof,  powers  and  duties  as  to 
remedies  of,  in  collecting  accounts  due  to  their  cities  or  towns 
tax  titles  and  items  included  in  tax  title  accounts  not  to  be  held  to 
be  invalid  by  reason  of  any  error  or  irregularity  occurring 
in  proceedings  of,  etc.,  if  not  substantial  or  misleading 
water  rates  and  charges,  collection  by      . 
See  also  City  and  town  collectors;    Taxation,  local  taxes,  collec- 
tion of. 
COLLEGES   AND    UNIVERSITIES: 

Boston  Ecclesiastical  Seminary,   The,   use  by,   of  name  of  St. 
John's  Seminary,  and  granting  by,  of  certain  additional 
degrees        ......... 

Cambridge  School  of  Liberal  Arts,  Inc.,  use  by,  of  name  of  Cam- 
bridge Junior  College  ....... 

Dean  Academy,  use  by,  of  name  of  Dean  Academy  and  Junior 
College        ......... 

Eastern   Nazarene   College,   Trustees   for,   granting   of   certain 
degrees  by  ........ 

Emerson  College,  degree  of  master  of  arts,  granting  by 
House  in  the  Pines  Association,  use  by,  of  name  of  House  in  the 
Pines  Junior  College  as  applying  to  a  certain  division 
thereof,  authorized,  etc.         ...... 

junior   colleges,   further  regulation   of,   etc.,   investigation  and 
study  relative  to  .....        Resolve 

appropriation  ........ 

Leicester  Academy,  trustees  of,  use  by,  of  name  of  Leicester 
Junior  College     .  .  .  . 

Massachusetts  state  college,  appropriations       .  .  .  . 


Chap. 


Item  or 
Section. 


213 
214 

1,2 
1.  2 

419 

0301-03 

419 

0301-08 

250 

729 

17 

574 

86 


474 

308 

652 
308 

1,  Subs.  2 

227 

258 

258 

3 
3 

2 

573 
211 

1,2 

84 
380 

1,2 
1-7 

313 

254 

244 

251 
246 

245 

70 
683 

253 
419 

683 


1.2 


extension  service  of,  commissioner  of  education  and  chairman 
of  state  planning  board,  investigation  of  problems  con- 
nected with  stimulation  of  handicrafts  by,  to  confer 
with  ........    Resolves  13,  50 


1.2 
0224 


1341-00  to 
1341-94 

1341-00  to 
1341-97 


1434 


Index. 


COLLEGES  AND  UNIVERSITIES  —  Condude^i. 
Massachusetts  state  college  —  Conchided. 

trustees  of,  authorized  to  experiment  in  cultivation  of  beach 
plums      ......... 

appropriation       ........ 

pharmacy,  colleges  of,  approval  of  .  ,  .  .  . 


state  teachers  colleges,  appropriations 


students  in,  state  aid  to,  appropriation  .... 

Williams  College,  president  and  trustees  of,  real  and  personal 

property,  additional,  holding  by    . 
Worcester  Polytechnic   Institute,   real  and   personal  property, 
additional  holding  by  . 
Color,  discrimination  because  of,  etc.,  applicants  for  motor  vehicle 
liability  policies  or  bonds,  against,  penalty  for 
employment  on   public   works  and   projects,   in,   and   in   dis- 
pensing of  public  welfare,  prohibited      .... 

Commander-in-chief  (see  Militia). 

Commencement,  industries,  certain,  of,  etc.,  notice  of,  required 
Commercial  fishing  industry  (see  Fish  and  fisheries). 
Commercial  motor  vehicle  division  (see  Public  utilities,  depart- 
ment of). 
COMMISSIONERS,    STATE: 

agriculture,  of  (see  Agriculture,  department  of), 
banks,  of  (see  Banking  and  insurance,  department  of), 
conservation,  of  (.see  Conservation,  department  of), 
corporations  and  taxation,  of  (see  Corporations  and  taxation, 

department  of), 
correction,  of  (see  Correction,  department  of), 
education,  of  (see  Education,  department  of). 
firemen's  relief,  on  (see  Firemen's  relief,  commissioners  on), 
insurance,  of  (see  Banking  and  insurance,  department  of). 
labor  and  industries,  of  (see  Labor  and  industries,  department  of), 
mental  health,  of  (see  Mental  health,  department  of), 
public  health,  of  (see  Public  health,  department  of), 
public  safety,  of  (see  Public  safety,  department  of), 
public  welfare,  of  (see  Public  welfare,  department  of), 
public  works,  of  (see  Public  works,  department  of), 
state  aid  and  pensions,  of  (see  State  aid  and  pensions,  commis- 
sioner of). 
uniform  state  laws,  on  (see  Uniform  state  laws,  commissioners  on) . 
COMMISSIONS,    STATE: 

administration  and  finance  (see  Administration  and  finance,  com- 
mission on). 
alcoholic  beverages  control  (see  Alcoholic  beverages  control  com- 
mission) . 
armory  (see  Armory  commission). 
art  (see  Art  commission). 
ballot  law  (see  Ballot  law  commission), 
boxing  (see  Public  safety,  department  of). 

civil  service  (see  Civil  service  and  registration,  department  of), 
emergency  public  works  (see  Emergency  public  works  commis- 
sion) . 
interstate  co-operation,  on  (see  Interstate  co-operation,  commis- 
sion on), 
labor  relations  (see  Labor  relations  commission). 
Massachusetts  aeronautic  (see  Massachusetts  aeronautic  com- 
mission) . 
Massachusetts  development  and  industrial  (see  Massachusetts 

development  and  industrial  commission), 
metropolitan  district  (see  Metropolitan  district  commission), 
metropolitan  district  water  supply  commission  (see  Metropoli- 
tan district  water  supply  commission), 
public  utilities  (see  Public  utilities,  department  of), 
racing  (see  State  racing  commission). 

special,  administrative  court,  establishment  of,  to  investigate 
relative  to        .....  .        Resolve 

appropriation       ........ 


Item  or 

Chap. 

Seotion. 

534 

683 

1341-97 

52 

1.2 

151 

1.2 

419  1 

1307-00  to 
1321-00 

622 

1.2 

683  1 

1310-34, 
1314-21 

419 

1301-08 

340 
239 


401 
170 


642 


1,2 


49 
683 


0218 


Index.  1435 


COMMISSIONS,    STATE  —  Continued. 
special  —  Continued. 

agriculture,  federal  funds  for  benefit  of,   distribution  of,  to 
study  relative  to       ....  .        Resolve 

appropriation       ........ 

alcoholic  beverages  and  common  victuallers,  laws  relating  to, 

to  investigate  and  study  relative  to    .  .       Resolve 

appropriation       ........ 

Boston  airport,  so  called,  improvements  made  by  city  of  Bos- 
ton at,  values  of,  to  determine  .  .  .        Resolve 
civil  serAace  laws,  rules  and  regulations,  to  investigate  relative 
to  .          .          .          .          .          .          .  .        Resolve 

appropriation      ........ 

criminal  laws  and  new  penal  code,  etc.,  to  investigate  relative 
to  .  .  .  .  .  .  .        Resolve 

appropriation       .  .  .  .  .  .  . 

death  actions,  damages  in,  method  of  assessing  and  minimum 

amount  recoverable,  to  study  relative  to     .        Resolve 

horse  and  dog  racing  meetings,  revenue  of  commonwealth  from, 

to  investigate  and  study  relative  to    .  .       Resolve 

appropriation       ........ 

insurance,  group,  low  cost  medical  care,  etc.,  for  public  em- 
ployees, and  payroll  deductions  on  account  thereof,  to 
investigate  as  to        .  .  .  .  .        Resolve 

appropriation       ........ 

insurance  premiums,  financing  of,  buying  of  conditional  sales 

agreements,  and  whole  subject  of  conditional  sales  of 

personal  property,  to  investigate  as  to         .        Resolve 

appropriation      ........ 

intergovernmental  relations,  problems  in  connection  with,  etc., 

to  investigate  and  study  relative  to     .  .        Resolve 

appropriation       ........ 

junior  colleges,  matter  of  further  regulation  of,  and  granting 

of  degrees  by,  to  investigate  relative  to        .        Resolve 

appropriation       ........ 

Lake  Boone,  waters  of,  to  regulate  use  of      . 
legislative  system  and  procedure  of  commonwealth,  to  investi- 
gate and  study  relative  to  .  .  .        Resolve 
appropriation       ........ 

Lord's  Day,  transportation  of  fish,  common  carrier  service, 
railroad  terminal  facilities,  etc.,  operation  and  mainte- 
nance of,  on,  to  investigate  relative  to         .        Resolve 
appropriation      ........ 

Mashpee    Advisory    Commission,    existence    extended    and 
authority  thereof  enlarged     ...... 

Massachusetts  Commission  on  the  Employment  Problems  of 
Negroes,  appropriation  ...... 

military  reservation  commission,  general  officer  of  land  forces 
to  be  appointed  to  act  in  certain  cases  as  an  associate 
commissioner  of  .......       20 

negligence,  imputed,  and  contributory  negligence,  abolishing 
defences  of,  in  cases  of  injury  to  children  under  seven, 
to  study  relative  to      .  .  .  .  .        Resolve       24 

primaries  and  elections,  laws  relating  to,  including  verification 
of  voting  lists  and  identification  of  voters,  to  investi- 
gate as  to,  and  to  publish  reports  of  contested  election 
cases        .......        Resolve       74 

appropriation       ........     730  0227 

property  held  for  public  purposes,  loss  of  taxes  on,  and  school 
expenses  incurred  for  benefit  of  children  of  state  insti- 
tutional  employees,   reimbursement   of  municipalities 
for,  to  investigate  as  to     .  .  .  .        Resolve       80 

appropriation       .  .  .  .  .  .  .  .     730  0228 

Quabbin  reservoir,  use  by  additional  municipalities  for  water 
supply  purposes,  and  relation  of  city  of  Boston  to  and 
its  share  of  expenses  of  metropolitan  district  commis- 
sion, to  investigate  as  to   .  .  .  .        Resolve       91 

appropriation      ........     730  8902-26 

railroad  transportation,  continuance  of  adequate  commuting 
passenger  service  for  certain  communities,  to  investi- 
gate as  to,  etc.,  revived  and  continued         .        Resolve       43 
appropriation      ........     683  0204 


Chap. 

Item  or 
Section. 

56 
683 

0219 

60 
683 

0220 

8 

36 
683 

0216 

48 
683 

0217 

40 

96 
730 

0233 

65 

683 

0221 

82 
730 

0229 

81 
730 

0230 

70 

683 
712 

0224 
1-11 

95 
730 

0232 

67 
683 

0223 

189 

1.2 

222 

1,2 

1436 


Index. 


Chap. 
COMMISSIONS,    STATE  —  Concluded. 
special  —  Concluded. 

rapid  transit  system  in  city  of  Boston,  extension  from  South 
Station  to  Readville  district,  to  investigate  as  to,  etc., 
revived  and  continued       ....        Resolve       43 

appropriation       ........     683 

retirement  systems,  commonwealth  and  political  subdivisions 
thereof,  of,  advisability  of  revising,  etc.,  to  investigate 
as  to        .  .  .  .  .  .  .        Resolve       66 

appropriation       ........     683 

tenements    and    dwellings,    legislation    advisable    for    raising 
standards  of,  and  relative  to  limited  dividend  corpora- 
tions under  control  of  state  housing  board,  to  investigate 
as  to        .  .  .  .  .  .  .        Resolve 

appropriation       ........ 

traffic  congestion,   Boston  and  vicinity,   in,   and   throughout 

commonwealth,     proposed     improvements     for     relief 

thereof,   and  certain  other  matters  relating  to  motor 

vehicles,  to  investigate  as  to       .  .  .        Resolve 

appropriation       ........ 

transportation  facilities  in  and  around  metropolitan  Boston 
area,  co-ordination  of,  to  investigate  as  to,  etc.,  revived 
and  continued  .....        Resolve 

appropriation       ........ 

tuberculosis  hospitals,  county,  cost  of,  and  admissions  to,  to 
investigate  relative  to        .....  . 

appropriation       ....... 

Committee  on  public  safety,  governor's  (see  Governor's  com- 
mittee on  public  safety). 
Committees,  legislative  (see  General  court). 

political  (see  Elections). 
Commodities,  sale  of  certain,  containers  used  in,  further  regulated       59 

See  also  Goods. 
Commodity,  surplus,  stamps  (see  Federal  emergency  laws.  Sur- 
plus Commodity  Stamp  Plan,  so  called). 
Common  carriers  (see  Carriers). 

Common  trust  funds,  collective  investments  in,  relative  to  .  .     474 

Common  victuallers,  alcoholic  beverage  licenses,  transfers  of  loca- 
tions of,  refusals  to  grant,  appeals  from,  by    . 
laws  relating  to,  etc.,  investigation  and  study  relative  to    Resolve 
appropriation  ........ 

licenses  of,  granting  of,  in  advance  of  equipping  premises  pro- 
posed to  be  used  for  purposes  of  such  licenses 
COMMONWEALTH : 

agriculture,   federal   funds   for   benefit  of,   distribution   of,   co- 
operation with  federal  government  in,  by,  study  relative 
to       .......  .        Resolve 

appropriation  ........ 

armory,  reconstruction  and  repairs  at,  appropriation 
Army  and  Navy  Legion  of  Valor  of  the  United  States,  The, 
national  convention  of,  in  1942,  representation  at,  if  held 
in  Boston   .......        Resolve 

appropriation  ........ 

bird  or  bird  emblem  of  the,  chickadee  {Penfhestcs  atricapillus) 

designated  as  the  .......     121 

bonds,  notes,  etc.,  of  (see  State  finance). 

Boston  airport,  so  called,  improvements  made  by  city  of  Boston 
at,  values  of,  present  determination  of,  in  contemplation 
of  turning  over  possession  of  said  property  to,  providing 
for     ........        Resolve         8 

transfer  of,  to,  authorized,  etc.     .  .  .  .  .   ■-      . 

congressional  districts  of,  joint  committee  to  recommend  new 
division  of,  appropriation      ...... 

constitution  of  (see  Constitution,  commonwealth,  of). 


departments,  boards,  commissions,  etc.,  of,  appropriations  for 
maintenance  of,  etc.     ....... 


allotment  of,  providing  for        ...... 

corrective  changes  in  certain  statutes  necessitated  by  changes 

in  names,  powers  and  duties  of      .  .  .  .  .     490 


Item  or 
Section. 


0204 


0222 


71 
683 

0225 

75 
730 

2941-02 

43 
683 

0204 

616 
683 

2 
0226 

578 

60 

683 

0220 

439 

1.2 

56 
683 
419 

0219 
0409-24 

32 
683 

0441-08 

/695 

\728 

1-12,  16 

1 

419 

0211-00 

f  144 

1^ 

147 

1-4 

151 

1.2 

419 

1-9 

683 

1-4 

730 

1-3 

564 

1,2 

1-38 


47 
719 

1-12 

476 

1-4 

720 
455 

17 

Index.  1437 

Item  or 
Chap.  Section. 

COMMONWEALTH  —  Continued. 

departments,  boards,  commissions,  etc.,  of  —  Concluded. 

expenditures,  accounts,  etc.,  of ,  certain  provisions  of  law  relative 

to,  as  affected  by  change  in  fiscal  year  of  commonwealth     656  2-17 

heads  of,  reports  under  workmen's  compensation  law,  certain, 

making  by  ........     379  11 

premises  outside  state  house  or  other  buildings  owned  by  com- 
monwealth for  use  by,  procuring  of         .  .  .  .     267 

See  also  Boards,  state;    Commissioners,  state;   Commissions, 
state;     Departments,    state;     Divisions,    state    depart- 
ments, of. 
earth  within,  positions  of  points  on  surface  of,  system  of  plane 
co-ordinates  for  designating  and  stating,  defined  and  use 
thereof  authorized         ....... 

Emergency  Defense  Act  of  1941       . 

federal  funds,  certain,  expenses  of  division  of  unemplojmient 

compensation,  for,  expenditure  of,  by,  and  replenishing 

said  funds  in  certain  cases,  providing  for  .  .  . 

public  projects,  for,  extension  of  provisions  of  certain  enabling 

acts  to  provide  for  acceptance  and  use  of,  by 
rehabilitation  of  forest  lands,  for,  acceptance  and  use  of,  by    . 
traffic  congestion,  proposed  improvements  for  relief  of,  for, 

application  for,  by        .  .  .  .  .       Resolve       75 

finances  of  (see  State  finance). 

fiscal  year  of,  changed,  fiscal  biennium  thereof  established,  and 
making   certain   perfecting   changes  in   general  statutes 
necessitated  thereby     .......     509  1-9 

flag  of,  inscriptions  on,  relative  to  .  .  .  .  ..117  1,2 

functions  and  activities  of,  co-related  to  functions  and  activities 
of  federal,  county,  city,  town  and  district  governments, 
investigation  relative  to         .  .  .  .        Resolve       84 

funds  of  (see  State  finance). 

Gardner,  city  of,  land,  certain,  in,  release  of  rights  in,  to  county 

of  Worcester,  by Resolve       42 

motor  vehicles,  owned   by,  damages  for  bodily  injuries,  etc., 
caused  by  operation  of,  investigation  relative  to  dam- 
ages for       ......  .       Resolve       17 

transporting  property  for,  exemption  from  certain  laws  rela- 
tive to  regulating  use  of  highways  by  motor  vehicles  trans- 
porting property  and  to  supervision  and  control  of  such 
transportation  for  compensation    .  .  .  .  .     692 

officers  and  employees  of,  in  general,  act  promoting  equality  of 
compensation  for  positions  in  state  service,  as  affecting 
certain        .  .  .  ...  .  .596  1-26 

civil  service  laws,  as  affecting  (see  Civil  service  laws). 
classification  and  salary  ranges  of,  survey  of       .       Resolve 

meals,  reimbursement  for  expenses  incurred  for,  regulated  . 

military  or  naval  forces,  in,  contingencies  arising  in  connec- 
tion with  service  of,  act  meeting   ..... 

motor   vehicles    owned    by,    expenses    of,    allowances    for,  I 
restricted    .  .  .  .  .  .  .  .  . 

vacation  pay,  advances  of  one  half  of,  to,  providing  for 
employees,  associations  of,  group  insurance  and  low  cost  medi- 
cal care  for,  etc.,  investigation  relative  to    .        Resolve 
appropriation      .  .  .  .  .  .  .  • 

disabled,  partially,  employment  of,  and  temporary  filling  of 
their  original  positions  .  .  .  .  .  .     649 

workmen's  compensation  law,  payment  of  wages  or  salaries 
in  certain  cases  where  compensation  for  total  incapacity  is 
payable  under     .  .  .  .  .  ...     614 

officers,  confidential  records  relating  to  general  public  assist- 
ance, inspection  of,  by  .  .  .  .  .  . 

contracts,  certain,  awarded  by,  publication  of  notices  in- 
viting bids  on,  relative  to      .     _     .  .       '    . 
pier  five,  judgment  in  connection  with  contract  for  work  at, 
payinent  of,  appropriation    .           ... 

supervision  and  operation  of,  etc.,  appropriation    . 
positions,  civil  service,  in  service  of,  rosters  of,  and  the  incum- 
bents thereof,  preparation  and  keeping  of,  and  use  of  such 
rosters  in  connection  with  payment  of  salaries  or  com- 
pensation   .........     165 


85 

(144 

2 

147 

2 

.419 

4 

708 

1-9,  24, 25 

f  144 

3 

■  147 

3 

419 

5 

508 

65 

683 

0221 

630 

1 

547 

1.2 

730 
419 

3133-13 
3132-02 

1438 


Index. 


COMMONWEALTH  —  Concluded. 

premises  outside  state  house  or  other  state  owned  building  for 

use  by  state  departments,  boards,  etc.,  procuring  of 
Provincetown,  town  of,  certain  land  in,  held  by,  conveyance  of, 
to  inhabitants  of  said  town  ...... 

public  buildings,  construction,  alteration,  etc.,  by,  performance 
bonds  in  connection  with  contracts  for,  and  fair  competi- 
tion for  bidders  on,  relative  to        ....  . 

sinking  funds  of  (see  State  finance). 

surplus  marketing  administration  of  United  States  department 
of  agriculture,  acceptance  of  surplus  commodities  from, 
by,  and  distribution  under  food  stamp  plan,  authorized  . 
Trapp  pond,  land  near,  in  towns  of  Edgartown  and  Oak  Bluffs, 
acquisition  by,  for  public  beach,  investigation  relative 
to       .......  .        Resolve 

tree  or  tree  emblem  of  the,  American  elm  {Ulnms  amerlcana) 
designated  as  the  ....... 

United  Spanish  War  Veterans,  national  convention  of,  in  1943, 

representation  at,  if  held  in  Boston         .  .        Resolve 

United  States,  acquisition  by,  of  certain  areas  for  migratory  bird 

reservations,  granting  of  consent  to,  by  .  .  . 

of  certain  lands  for  Veterans'  Administration  Facility  in 

town  of  Bedford,  granting  of  consent  to,  by    . 
of  certain  lands  in  counties  of  Norfolk  and  Plymouth  for 
purposes  of  naval  ammunition  depot  and  lighter-than-air 
base,  so  called,  granting  of  consent  to,  by,  etc. 
bridge  without  a  draw  over  tide  waters  of  Hingham  bay,  con- 

_  struction  of,  by,  granting  of  consent  to,  by     . 
ceding  to,  by,  of  jurisdiction  over  certain  land  in  Boston  har- 
bor for  purpose  of  extending  shipbuilding  dock  and  service 
pier   .......... 

conveyance  to,  of  certain  land  in  town  of  Lancaster  by  trus- 
tees of  the  Massachusetts  training  schools 
military  service  of,  men  in,  measures  dealing  with,  adopted 
during  years  1916,  1917  and  1918  by,  investigation  rela- 
tive to         .  .  .  .  .  .  .      Resolves 

Yankee  Division  Veterans  Association,  national  convention  of 

in  1942,  representation  at,  if  held  in  Springfield     Resolve 

appropriation  ........ 

See  also  Massachusetts. 
Communicable  diseases,  division  of  (see  Public  health,  depart- 
ment of). 
Communication  facilities,  survey  of,  expenses  of,  appropriation   . 
Communistic,    etc.,    organizations,    activities   of,   investigation 
relative  to,  report,  complete,  of,  printed  copies  of,  free 
distribution  by  state  secretary       ..... 

Commuting  passenger  service,  so  called,  continuance  of,  by  cer- 
tain railroads,  action  to  assure,  investigation  relative  to, 
continued  .......        Resolve 

appropriation    ......... 

Compacts,   interstate,    uniform   milk   control,   for,   milk   control 
board  authorized  to  enter  into       ..... 

See  also  Atlantic  seaboard,  marine  fisheries  along. 
Companies,  banking  (see  Banking  companies), 
insurance  (see  Insurance), 
trust  (see  Banks  and  banking). 
See  also  Corporations. 
Compensation,  injured  employees,  for  (see  Workmen's  compen- 
sation) . 
unemployment  (see  Unemployment  compensation). 
Competition,  public  works,  bidders  on  construction,  etc.,  of  certain, 
additional  requirements  as  to,  etc.  .... 

state  contracts,  certain,  competitive  bidding  on,  publication  of 
,  _    notices  inviting,  relative  to  . 

unfair  sales  practices,  defined  and  prohibited  with  a  view  to 
preventing  the  advertising  or  offering  for  sale  or  the 
selling  of  cigarettes  as  "loss  leaders"  for  purpose  of  de- 
stroying, etc.        ........ 

further  defined  by  inclusion  of  sales  taxes  or  excises  in  cost  of 
merchandise         ........ 

Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Motor  ve- 
hicles, liability  for  bodily  injuries,  etc.,  caused  by,  secu- 
rity for). 


Chap. 

267 
615 

699 
634 


Item  or 
Section. 


1-7 


1.2 


44 

121 

87 

599 

2,  Subs.  97 

666 

1-3 

702 

1-4 

632 

1,2 

659 

1-3 

146 

1,2 

3,5 

81 
730 

0441-09 

419 

0401-34 

256 

43 
683 

0204 

691 

2,  Suba.  24 

699 

1-7 

547 

1.2 

715 

1-13 

494 

Index. 


1439 


Concealment,  property  of  a  deceased  person,  of,  certain  proceedings 

in  probate  court  with  respect  to    . 
Concerts,  band,  appropriation      ....... 

esplanade,  appropriation  ....... 

Conciliation  and  arbitration,  board  of  (see  Labor  and  industries, 

department  of). 
Concord,  town  of  (see  Cities  and  towns). 

Conditional  sales,  personal  property,  of,  contracts  of,  promissory 
notes  given  in  connection  with,  endorsement  on,  of  pay- 
ments made  under  terms  of  such  contracts 
whole  subject  of,  including  buying  of  conditional  sales  agree- 
ments and  financing  of  insurance  premiums,  investi- 
gation as  to      .  .  .  .  .  .       Resolve 

appropriation       .  .  .  .  •.-..• 

textile  machinery,  theatre  seats,  etc.,  of,  certain  provisions  of 
law  relative  to  conditional  sales  not  to  apply  to 
Confidential  secretary,  appointment  and  removal  by  state  super- 
intendent of  buildings  ...... 

Congressional  districts,  establishment  of    . 

joint    committee    to    divide    commonwealth   into,    expenses    of, 
appropriation       ........ 

CONGRESS    OF    UNITED    STATES: 

act  of,  granting  retrocession  of  jurisdiction  by  United  States  over 
General  Clarence  R.  Edwards  Memorial  Bridge  in  city- of 
Springfield,  acceptance  of      .  .  .  .  .      _   _. 

See  also  FederaJ  emergency  laws;   Soldiers'  and  Sailors'  Civil 

Relief  Act  of  1940. 

Atlantic  seaboard,  marine  fisheries  along,  compact  relative  to 

better  utilization  of,  between  commonwealth  and  certain 

other  states,  approval  by,  etc.        .  .  .  .      _    . 

candidates  for  nomination  by  a  political  party  for  representative 

in,  required  to  be  certified  as  enrolled  members  of  such  party 

emergency  laws  of  (see  Federal  emergency  laws). 

harbor  and  waterway  improvements,  certain,  appropriation  for, 

by      .  .  .  .  .  .  ...       Resolve 

representatives  in,  districts  for  election  of,  established 
Connecticut,  state  of,  marine  fisheries  along  Atlantic  seaboard, 
compact  relative  to,   between  commonwealth  and,  etc., 
approval,  ratification,  etc.     ...... 

CONSERVATION,   DEPARTMENT   OF: 


in  general,  appropriations 


East  Otis  reservoir,  screening  of  outlet  and  spillway  of,  by  . 
appropriation  ........ 

employees,  certain,  of,  given  certain  powers  of  constables  and 
police  officers  within  state  forests,  state  parks  and  reser- 
vations       .  .  .  .  •.-..•  •      .    ■ 

ornithologist,  state,  in,  board  to  determine  limits  for  hunting 
of  ruffed  grouse,  to  be  member  of  .... 

patrol  boat,  purchase  of,  appropriation  .... 

Shawme  state  forest,  portions  of,  no  longer  needed  for  na- 
tional defense,  jurisdiction  over,  return  to      . 

Trapp  pond,  land  near,   in  towns  of  Edgartowa  and  Oak 

Bluffs,  acquisition  of,  by  commonwealth  for  public  beach, 

investigation  relative  to,  by  .  .  .        Resolve 

commissioner,  Atlantic  States  Marine  Fisheries  Commission, 

to  be  member  of  ....... 

Civilian  Conservation  Corps,  operations  of,  portion  of  pro- 
ceeds of  sales  of  state  forest  products  resulting  from,  pay- 
ment to  United  States,  certification  as  to,  by  .    _ 

employees,  certain,  of  the  department  to  have  certain  powers 
of  constables  and  police  officers  within  state  forests,  state 
parks  and  reservations  if  so  authorized  in  writing  by 

game  and  inland  fisheries,  laws  relative  to,  powers  and  duties 
in  connection  with        ....... 

Lowell-Dracut  state  forest,  acquisition  and  improvement  of 
certain  land  in  town  of  Dracut  as  addition  to,  powers  and 
duties  as  to  ...■•••  • 


Chap. 

323 
419 
419 


Item  or 
Section. 

1.2 

8602-21 
8602-26 


285 


82 
730 

0229 

468 

512 
556 

419 

0211-00 

540 


489 
563 


86 
556 


489 


1-5 


1001-01  to 

419 

1004-91, 

4011  to  4036 

683 

1002-11  to 

1004-90 

730 

\     1002-16  to 

1004-52 

572 

683 

1002-52 

171 

722 

11 

599 

2,  Subs.  61 

419 

1004-86 

44 
489 

94 

ll71 
j  722 

^     f 
I  599  i 


11 

2,  Subs. 
10,61,75, 
80,  90,  94 


665 


1440 


Index. 


CONSERVATION,   DEPARTMENT    OF  —  Concluded. 
commissioner  —  Concluded. 

marine  fish  and  fisheries,  laws  relative  to,  powers  and  duties 
in  connection  with        ....... 

Mohawk  Trail  state  forest,  certain  land  in  town  of  Charle- 
mont  as  addition  to,  purchase  by        .  .  . 

appropriation      ....... 

Spencer  state  forest,  leasing  to  United  States  of  certain  prop- 
erty within  limits  of,  powers  as  to 

state  forests.  United  States,  use  by,  for  national  defense  pur- 
poses of  certain  areas  in,  permits  for,  by 

Warwick  state  forest,  leasing  to  United  States  of  certain  prop- 
erty within  limits  of,  powers  as  to 
divisions  of: 

fisheries  and  game,  appropriations        .... 

changes  in  laws  relative  to  inland  fish  and  game,  powers  and 
duties  of,  as  affecting  .  .  .  .       '  . 

director,  changes  in  laws  relative  to  inland  fish  and  game 
powers  and  duties  of,  as  afifecting 

Ellershaw,  Donald,  injured  while  in  performance  of  duties 
as  employee  of,  payment  by  commonwealth  of  sum  of 
money  to    .  .  .  .  .  .  .        Resolve 

law  enforcement,  bureau  of,  establishment  of,  in,  etc. 

See  also  Fish  and  fisheries;   Game  and  inland  fisheries. 

forestry,  appropriations       ....... 

director,  forest  fires,  prevention  of,  by  system  of  forecasting 

forest  fire  weather  and  establishment  of  forest  patrols, 

powers  and  duties  as  to     . 
state  advisory  forest  committee  and  regional  committees, 

to  be  member  of       ......  . 

state  fire  warden,  appropriation         ..... 

state  forester,  forest  lands,  classified,  failure  of  assessors  to 

list  as,  appeals  to      ......  . 

forestry  practices,  demonstrations  in,  by,  etc.,  providing 

for  ......... 

marine  fisheries,  appropriations  ...... 

bio-statistics,  bureau  of,  establishment  of,  in,  etc. 
changes  in  laws  relative  to  marine  fish  and  fisheries,  powers 
and  duties  of,  as  affecting     ...... 

director,  bass,  striped,  protection  of,  powers  and  duties  as 

to 

changes  in  laws  relative   to   marine   fish   and   fisheries, 
powers  and  duties  of,  as  affecting        .... 
law  enforcement,  bureau  of,  establishment  of,  in,  etc. 

parks  and  recreation,  appropriations    ..... 

wild  life  research  and  management,  appropriations 

director,  birds  and  mammals  in  reservations,  parks,  etc., 
powers  and  duties  as  to         . 

Conservation  officers,  compensation,  expenses,  etc.,  appropriations 

Conservators  (see  Guardians  and  conservators). 

Constables,  employees,  certain,  of  department  of  conservation  given  ' 
certain  powers  of,  within  state  forests,  state  parks  and 
reservations  .  .  .  .  .  .  .  .  ^ 

shellfi.sh,  designation  of  ....... 

Constabulary,  state,  so  called  (see  Public  safety,  department  of: 

divisions  of:  state  police). 
CONSTITUTION   OF   COMMONWEALTH: 
proposed  legislative  amendments  to : 

absent  voting  by  qualified  voters  who  by  reason  of  physical 

disability  are  unable  to  vote  in  person,  providing  for 
annual  sessions  of  general  court  and  annual  budget,  restoring 


Chap. 


^598 

501 
683 

63 

393 

63 

419  { 

599 
599 

55 
599 

419  I 
683 

688 

544 

419 

652 

455 
419 

683 
598 

698 

421 

598 
598 

419  I 

730 

419  I 

730 

599 
419/ 


Item  or 
Section. 


1,  Subs.  19, 

26,42,43; 

6,  Subs.  8B 


1002-61 


1004-01  to 
1004-04 


1-7 
1-4 


3,  4A 

1002-01  to 
1002-31 
1002-11 


2 

1002-12 

1,  Subs.  1 


171 

722 

598 


1004-70  to 
1004-84 

1004-72  to 

1004-90 

0,  Subs.  8D 

1-9 

2.3 

1-6 

6,  Subs.  8C 

4011  to 

4036 

Page  1176 

1004-51  to 

1004-53 

1004-52 

2,  Subs.  91 
1004-11, 
1004-12 


11 
1,  Subs.  08 


Page  1230 
Page  1231 


Index.  1441 

Item  or 
Chap.  Section. 

CONSTITUTION   OF   COMMONWEAhTB.  — Concluded. 
proposed  legislative  amendments  to  —  Concluded. 

initiative  and  referendum,  fair,  concise  summary,  instead  of 
a  description,   of  proposed  amendments  to  constitution 
and  laws  submitted  to  people  under,  and  certain  changes 

relative  to  fUing  of  initiative  petitions,  providing  for        .        Pages  1227-1229 
pardons  of  offences  which  are  felonies,  terms  and  conditions 
upon  which  they  may  be  granted,  prescription  by  general 
court,  providing  for      ......  .  Page  1226 

Consumption  (see  Tuberculosis). 

Contagious  diseases  (see  Diseases  dangerous  to  public  health). 
Containers,  commodities,  certain,  used  in  sale  of,  further  regulated       59 
Contempt  of  court,  employment  security  law,  under  .  .     685        1,  Subs.  43 

milk  control  law,  under  .  .  .  .  .     691        2,  Subs.  18 

Contested  elections,  general  court,  of,  from  1922  to  1941,  publica- 
tion of  reports  of,  etc.,  providing  for       .  .        Resolve       74 
Contraceptive  care,  medical,  to  married  persons,  allowing  phy- 
sicians to  pro\ade,  for  protection  of  life  or  health,  initiative 
petition  relative  to        ......  .  Page  1232 

Contract  carriers  (see  Carriers). 

Contracts,  conditional  sales  of  personal  property,  of,  promissory 

notes  given  in  connection  with,  endorsement  on,  of  pay-  , 

ments  made  under  terms  of  such  contracts      .  .  .     285 

conditional  sales  of  textile  machinery,  theatre  seats,  etc.,  of,  cer- 
tain provisions  of  law  relative  to  conditional  sales  not  to 
apply  to      .  .  .  .  .  .  . 

gas  and  electric  companies,  of,  relative  to  certain 
goods,  services  or  insurance,  for,  installment  payments  under, 
financing  of,  in  certain  cases  ..... 

insurance  (see  Insurance). 


468 
400 

1.2 

158 

1-3 

/306 
1334 

699 
547 

1-7 
1,2 

medical  service  corporations,  by      .  .  .  .  .         . 

public  buildings,  construction,  etc.,  for,  commonwealth  or  any 
political  subdivision  thereof,  by,  performance  bonds  in 
connection  with,   and  fair  competition  for  bidders  on, 
relative  to  ........ 

state,  bids  on  certain,  publication  of  notices  in\'iting,  relative  to 
transportation  or  board  of  pupils,  for,  submission  of,  to  depart- 
ment of  education         .......     590 

Contributory  negligence  (see  NegHgence). 

Conventions,  political  (see  Elections). 

Conversations,  private,  husband  and  wife,  between  (see  Private 

conversations) . 
Conveyance  of  real  estate  (see  Real  property) . 
Convicts  (sec  Penal  and  reformatory  institutions;  Prisoners). 
Convoys,  military,  vehicles  in,  permitted  to  be  driven  through  inter- 
sections of  ways  contrary  to  traffic  signs  or  signals  thereat 
in  certain  cases  ........     318 

Co-operation,  interstate,  commission  on  (see  Interstate  co-op- 
eration, commission  on). 
Co-operative  banks  (see  Banks  and  banking). 
Co-operative  Central  Bank,  The,  amount  which  a  member  bank 

may  borrow  from,  without  collateral,  increased        .  .       86 

Co-ordinate  system,  Massachusetts,  so  called  (see  Massachu- 
setts co-ordinate  system). 
Corn-borer,  European,  suppression  of,  appropriation    .  .  .     419  0909-12 

CORPORATIONS: 

in  general,  dividends  on  shares  in  (see  Taxation,  incomes,  of). 
motor  vehicles  and  trailers  owned  by  certain,  exemption  from 

law  providing  for  excise  on  registered  motor  vehicles,  etc.     718  1«  2 

stocks,  bonds,  etc.,  of,  investments  in,  by  trust  companies  in 
their  commercial  departments,  uniformity  in  respect  to, 
act  providing       ........     484  1-6 

taxation  of  (see  Taxation,  corporations,  of), 
aqueduct  companies  (see  Aqueduct  companies), 
business,  merger  and  consolidation  of       ....  .     514  1, 2 

report  of  condition,  annual,  auditor's  statement  to  accompany 

certain,  and  selection  of  the  auditor        ....     276 

taxation  of  (see  Taxation,  corporations,  of). 
See  also,  supra,  in  general, 
charitable  and  certain  other  purposes,  for,  reciprocity  respecting 
property  received  by,  from  non-resident  decedents,  act 
providing   .........     605  1, 2 


1442  Index. 

Item  or 
Chap.  Section. 

CORPORATIONS  —  Co«hnt/«rf. 

charitable,  motor  vehicles  owned  by,  damages  for  bodily  injuries, 
etc.,    caused    by   operation   of,   investigation   relative    to 
damages  for         ......       Resolve       17 

co-operative  banks  (see  Banks  and  banking), 
credit  unions  (see  Credit  unions), 
electric  (see  Gas  and  electric  companies). 

foreign,  di-sadends  of,  credit  of  certain,  not  to  be  allowed  tempo- 
rarily in  determining  tax,  etc.         .....     331  2 

taxation  of,  as  income      .  .  .  .  .  .  .331  1,3,4 

taxation  of  (see  Taxation,  corporations,  of), 
fraternal  benefit  societies  (see  Fraternal  benefit  societies), 
gas  and  electric  (see  Gas  and  electric  companies), 
insurance  companies  (.see  Insurance), 
limited  di^^dend  corporations,  under  control  of  state  housing 

board,  investigation  relative  to      .  .  .        Resolve       71 

appropriation  ........     683  0225 

manufacturing,  taxation  of  (see  Taxation,  corporations,  of). 

medical  service  (see  Medical  service  corporations). 

national  banks  (see  Banks  and  banking). 

public  service,  state  contracts  with,  pro\'isions  of  law  relative  to 

competitive  bidding  on,  not  to  apply  to  .  .  .     547  1 

railroad  (see  Railroads), 
savings  banks  (see  Banks  and  banking), 
street  railway  (see  Street  railways). 

telephone   and   telegraph    (see   Telephone   and   telegraph   com- 
panies), 
trust  companies  (see  Banks  and  banking). 
water  companies  (see  Water  companies). 
special  provisions  relative  to  particular  corporations: 
American  Board  of  Psychiatry  and  Neurology,  Incorporated, 
physicians  certifjang  to  insanity  to  be  diplomate  in  psychi- 
atry of,  when,  etc.         .......     645  1 

Amherst  Water  Company,  water  supply  of,  and  purchase  and 

operation  of,  by  town  of  Amherst  .321  1-6 

Auburn  Water  Company,  properties  of,  purchase  by  Auburn 

Water  District    .  .  .■ 570  6 

Baker,  Henry,  Co.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  services,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938  .        Resolve       88 
Boston  and  Albany  Railroad  Company,  certain  terminal  prop- 
erty used  by,  assessment  and  payment  of  taxes  thereon   .711  2,  3 
Boston  and  Maine  Railroad,  certain  waterfront  properties  of, 
in  city  of  Boston,   acquisition  by  state  department  of 
public  works                   .           .           .           .                      .           •     714  1 

Boston  and  Providence  Railroad  Corporation,  certain  terminal 
property  formerly  used  by,  assessment  and  payment  of 
taxes  thereon       .  .  .  .  .  .  .711  2,  3 

continued   transportation   service   for  communities  served 
by,  action  to  assure,  investigation  relative  to,  con- 
tinued ......        Resolve       43 

appropriation  .  .  .  .  .  .  .     683  0204 

Boston  Consolidated  Gas  Company,  lease  to,  of  certain  prop- 
erty of  Dedham  and  Hyde  Park  Gas  and  Electric  Light 
Company  to  be  acquired  by  city  of  Boston,  provision  for     369  1-10 

taxes,  certain  overpajonents  of,  by,  refunding  by  city  of 

Quincy 546  1.2 

Boston  Ecclesiastical  Seminary,  The,  use  by,  of  name  of  St. 
John's  Seminary  and  granting  by,  of  certain  additional 
degrees        .........     313  1,  2 

Boston  Elevated  Railway  Companj',  bonds  of,  purchase  by 

Boston  metropolitan  district  .■  .  .  .     567  1-3 

Boylston  Street  subway,  certain  alterations  in  and  exten- 
sions of,  use  by,  modification  of  terms  and  conditions  as 
to,  and  certain  changes  made  relative  to  pajrments  in 
connection  with  such  use       .  .  .  ._         .  •      140  1-5 

deficits  in  costs  of  operation  of,  amounts  to  be  paid  or  repaid 

on  account  of,  dates  as  of  which  to  be  determined    .  .      139  1,  2 

subway  premi-ses  and  equipment,  certain,  use  by,  modifica- 
tion of  terms  and  conditions  as  to,  and  making  of  certain 
changes  relative  to  payments  in  connection  with  such  use     148  1-3 

Boston,   Revere   Beach   and   Lynn   Railroad   Company,   real 

estate  owned  by,  acquisition  of,  by  town  of  Winthrop     .     101  1-3 


Index. 


1443 


Chap. 
CORPORATIONS  —  Continued. 

special  provisions  relative  to  particular  corporations  — 

Continued. 

Boston  Terminal   Company,   real  estate  of,   assessment   and 

payment  of  taxes  thereon,  relative  to      .  .  .  .711 

Boston  Woven  Hose  and  Rubber  Company,  structure  bridging 
Binney  street  in  city  of  Cambridge,  construction  and  main- 
tenance by,  etc.,  authorized  .....     128 

Bromfield  School,  Trustees  of,  real  estate  owned  by,  lease  of, 

to  town  of  Harvard      .......     183 

Cambridge  School  of  Liberal  Arts,  Inc.,  use  by,  of  name  of 

Cambridge  Junior  College     ......     254 

Canton  Mutual  Liability  Insurance  Company,  receivership  of, 

expenses,  appropriation  ......     419 

Carlson,  Ernest  F.,  Inc.,  payment  by  commonwealth  of-  sum 
of  money  to,  as  compensation  for  services,  etc.,  made 
necessary  by  hurricane  and  floods  of  1938       .        Resolve       88 

Central  Credit  Union  Fund,  Inc.,  life  further  extended  .  .     177 

Club  of  the  French  Sharp  Shooters  of  New  Bedford,  Mass., 
two  lodges  with  representative  form  of  government,  main- 
tenance by,  authorized  .  .  .  .  .-         .     250 

Co-operative  Central  Bank,  The,  amount  which  a  member 

bank  may  borrow  from,  without  collateral,  increased        .       86 

Gushing  Academy,  number  of  trustees  of,  relative  to      .  .     193 

Dean  Academy,  use  by,  of  name  of  Dean  Academy  and  Junior 

College,  authorized       .......     244 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by  city  of  Boston  and 
lease  thereof  to  Boston  Consolidated  Gas  Company,  pro- 
vision for    .........     369 

Defense  Plant  Corporation,  structures  of,  extension  into  tide 

waters  of  Saugus  river  authorized  ....     717 

Eastern  Nazarene  College,  Trustees  for,  granting  of  certain 
degrees  by  .  .  .  .  .  .  .  . 

Emerson  College,  degree  of  master  of  arts,  granting  by 

Fifty  Associates,  charter  amended        ..... 

Franklin  Union,  name  changed  to  Franklin  Technical  Institute 

Gaetano  Bruno  Juvenile  Mutual  Relief  Association  of  Ariano, 

Inc.,  loans  to  members,  authorized  ....     287 

Greenfield  Tap  and  Die  Corporation,  structure  and  pipe  line 
bridging  North  street  in  town  of  Greenfield,  construction 
and  maintenance  by,  etc.,  authorized     ....     281 

Henry  O.  Peabody  School  for  Girls,  granting  to,  of  certain  addi- 
tional powers       ........     200 

See  also  Henry  O.  Peabody  school  for  girls  at  Norwood. 

House  in  the  Pines  Association,  use  by,  of  name  of  House  in 
the  Pines  Junior  College  as  applying  to  a  certain  division 
thereof,  authorized,  etc.         ......     245 

Industrial  Defense  Association,  Inc.,  dissolved       .  .  .     349 

Kelliher,  M.  S.,  Co.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  services,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938      .  .        Resolve       88 

Leicester  Academy,  Trustees  of,  use  by,  of  name  of  Leicester 

Junior  College     ........     253 

Massachusetts  Farm  Bureau  Federation,  Inc.,  commissioner 
of  education  and  chairman  of  state  planning  board,  in- 
vestigation of  problems  connected  with  stimulation  of 
handicrafts  by,  to  confer  with        .  .  .      Resolves  13, 50 

Massachusetts  Medical  Society,  formation  of  medical  service 

corporations,  law  providing  for,  as  affecting    .  .  334 

Memorial  Hospital,  The,  in  the  city  of  Worcester,  number  of 

trustees  of,  increased    .  .  .  .  .  .  .218 

Middlesex  County  Electric  Company,  lines,  poles,  etc.,  of,  in 

certain  towns,  location  validated  .  .  .  .  .111 

Mutual  Savings  Central  Fund,  Inc.,  executive  vice-president 

of,  election  by  directors  ......       78 

information,  certain,  furnishing  by  commissioner  of  banks 

to         .  .  .  78 

investments  by  savings  banks  in  certain  state,  municipal 
or  corporate  interest  bearing  obligations,  certain  powers 
and  duties  as  to  .  .  .  .  .  .  .     413 

Nantasket-Boston  Steamboat  Company,  land  and  wharf  prop- 
erties of,  in  town  of  Hull,  acquisition  of,  by  said  town     .       21 


Item  or 
Section. 


1-3 
1-4 


2970-08 


1-10 


251 

246 

150 

1.2 

212 

1.2 

1-4 


1.2 
1-3 


1.2 
1 
2 

0 

1-4 


1444  Index. 

Item  or 
Chap.  Section. 

CORPORATIONS  —  Conchtded. 

special  provisions  relative  to  particular  corporations  — 

Concluded. 
National  Company,  Inc.,  structure  bridging  Sherman  street 
in  city  of  Maiden,  construction  and  maintenance  by,  etc., 
authorized  ........       18  1-3 

New  England  Deposit  Library,  incorporation  of,  powers  and 

duties,  etc. 240  1-8 

New    England    Telephone    and    Telegraph    Company,    lines, 

poles,  etc.,  of,  in  certain  towns,  locations  validated      .111  1,2 

in  town  of  Wakefield,  locations  validated  .  .     124  1, 2 

New  York,   New  Haven  and  Hartford  Railroad  Company, 
continued  transportation  service  for  communities  served 
by,   action  to   assure,   investigation  relative   to,   con- 
tinued    .......       Resolve       43 

appropriation      ........     683  0204 

reorganized,  certain  terminal  property  used  by,  assessment 

and  payment  of  taxes  thereon        .  .  .  .  .711  2,3 

special  investigation  of,  expenses  of,  appropriations     .  .  \  J.X%  -^       qq^ 

Norwood  Police  Relief  Association,  Inc.,   payments  to  any 

member  upon  death  of  his  wife,  authorized     .  .  .     259 

Old   Colony   Railroad   Company,   certain   terminal   property 

formerly  used  by,  assessment  and  payment  of  taxes  thereon     711  2,3 

continued   transportation  service  for   communities  served 
by,  action  to  assure,  investigation  relative  to,  con- 
tinued ......        Resolve       43 

appropriation  ........     683  0204 

Pine  Grove  Cemetery  Association,  authorized  to  acquire  and 
administer  property  of  Curtiss  Additional  Cemetery  As- 
sociation, and  to  hold  additional  property      .  .  .     156  1-4 

Roy,  J.  C,  &  Sons  Co.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  services,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938      .  .        Resolve       88 

Saint  Patrick's  Religious,  Educational  and  Charitable  Asso- 
ciation of  Massachusetts  (Watertown),  revived  and  cer- 
tain acts  and  proceedings  validated        .  .  .  .188 

Scituate  Water  Company,  maintenance,  etc.,  of,  raising  by 

taxation  money  for,  by  town  of  Scituate  .  .  .     252 

Sherman  Rest  Home,  The,  existence  continued  for  certain 

purposes     .........     557 

Simplex  Wire  and  Cable  Company,  structure  bridging  Sidney 
street  in  city  of  Cambridge,  construction  and  mainte- 
nance by,  etc.,  authorized     ......     125  1-4 

Society  for  the  Preservation  of  New  England  Antiquities,  The, 
conveyance  to,  of  certain  property  of  the  West  Parish 
Society  of  Salisbury 238  1-3 

Society  of  the  W^ar  of  1812  in  the  Commonwealth  of  Massa- 
chusetts (Incorporated),  laws,  certain,  affecting  veterans' 
organizations  made  applicable  to.  .  .  .217  1,2 

Trustees  of  Public  Reservations,  The,  certain  lands  of,  con- 
veyance to  United  States,  authorized     ....     702  4 

United  States  Post  Office  Inspection  Service  Mutual  Benefit 
Association,  Inc.,  empowered  to  authorize  use  of  proxies 
by  members  in  voting  ......     206 

West  Parish  Society  of  Salisbury,  certain  property  of,  con- 
veyance  to  The   Society  for  the   Preservation  of   New  • 
England  Antiquities     .                                         ...     238  1-3 

Wheelock  School,  trustees  of,  degree  of  bachelor  of  science  in 

education,  granting  by,  authorized  ....     265 

•  W^illiams  College,  President  &  Trustees  of,  real  and  personal 

property,  additional,  holding  bj"^    .  .  .     340  1, 2 

Williamstown  Water  Company,  water  supply  for,  and  pur- 
chase of  property,  etc.,  thereof  by  town  of  Williamstown  .     606  1-8 

W'inslow  Bros.  &  Smith  Co.,  payment  by  commonwealth  of 
sum  of  money  to,  as  compensation  for  certain  property 
taken  for  highway  purposes  .  .  .        Resolve       59 

Worcester  Art  Museum,  real  and  personal  property,  addi- 
tional, holding  by         ......  .     149 

Worcester  Polytechnic  Institute,  real  and  personal  property, 

additional,  holding  by  ......     239 

Wrentham  Cemetery  Corporation,  extending  time  for  accept- 
ance of  act  authorizing  town  of  Wrentham  to  receive  and 
administer  property  of  ......       80 


Index. 


1445 


CORPORATIONS    AND    TAXATION,    DEPARTMENT    OP: 
in  general: 

appellate  tax  board  in  (see  Appellate  tax  board). 


Chap. 


419 


appropriations  , 

683 

730 

deputy  commissioners  in,  act  promoting  equality  of  compen- 
sation for  positions  in  state  service,  as  affecting       .  .     596 

employees  of,  appointment  as  special  police  officers  in  connec- 
tion with  enforcement  of  provisions  of  cigarette  tax  law  .     417 

^419 


laws,  certain,  levying  new  taxes,  administration  of,  appro- 
priations     ........ 


principal  appraiser  in,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service,  as  affecting  . 
commissioner : 

alcoholic  beverages  and  alcohol,  excise  tax  on  sales  of,  tempo- 
rary additional,  collection,  etc.,  by,  time  of,  extended 

appeals  from  decisions  of  (see  Appellate  tax  board). 

cigarette  tax,  temporary,  collection  of,  powers  and  duties  as  to 

collectors  of  taxes  and  city  and  town  collectors,  bonds  of, 
powers  and  duties  as  to         .  .  .  .  .  . 

corporations  liable  to  tax,  applications  for  change  of  classifica- 
tion of,  on  lists  furnished  to  assessors,  powers  and  duties 
as  to  .  .  .  .  .  .  .  .  . 

corporation  taxes  and  returns,  certain,  changes  in  law  relative 
to,  necessitated  by  change  of  fiscal  year  of  common- 
wealth, as  affecting  powers  and  duties  of 

county  tax,  basis  of  apportionment,  biennial  establishment  of, 
duties  as  to 

forest  lands,  classified,  taxation  of,  form  of  application  for 
abatement,  etc.,  approval  by         ....  . 

gasoline,  etc.,  excise  on  sales  of,  additional,  further  extension 
of  time  during  which  to  be  collected  by  .  .  . 

horse  and  dog  racing  meetings,  revenue  of  commonwealth 
from,  special  commission  to  investigate  and  study  as  to, 
to  be  member  of  .....        Resolve 

local  taxes,  abatement  of,  records  of,  powers  and  duties  as 
to     .........  . 

collection  of,  forms  to  be  used  in  proceedings  for,  approval, 
etc.,  by       ........  . 

meal  tax,  so  called,  powers  and  duties  as  to  . 

medical  service  corporations,  payment  of  excise  by,  powers  and  I 
duties  as  to  .  .  .  .  .  .  .  .  \ 

merger  and  consolidation  of  business  corporations,  powers  and 
duties  as  to 

shareholders,  lists  of,  etc.,  filing  by  certain  corporations,  etc., 
with  .......... 

state  tax,  apportionment  and  assessment  of,  duties  as  to  . 
basis  of  apportionment,  biennial  establishment  of,  duties 
as  to  ......... 

taxes  on  publicly  held  property,  loss  of,  and  certain  school  ex- 
penses, reimbursement  of  municipalities  for,  special  com- 
mission to  investigate  as  to,  to  be  member  of         Resolve 

tax  titles,  sale  of  lands  of  low  value  held  under,  by  cities  and 
towns,  powers  and  duties  as  to      . 
divisions  of: 

in  general,  directors  of,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service,  as  affecting 

accounts,  appropriations     ....... 

budgets  in  cities  other  than  Boston,  estimates  of  certain 
expenses,  etc.,  required  to  lie  filed  by  heads  of  depart- 
ments in  connection  with,  approval  of  form  of,  by   . 


683 
730 

590 

339 

417 
715 

308 


Item  or 
Section. 


1201-01  to 
1204-02; 
Page  479; 
2970-03 
1201-05  to 
1204-02 
1201-21. 
1201-22 

8 

16 
1201-11, 

1201-12 
1201-11, 

1201-12 
1201-21, 

1201-22 

8 


1-19 
11 


726 

2 

509 

3-9 

112 

652 

1,  Subs.  2 

330 

96 

209 

258 
729 
306 
334 

4 

17 

Subs.  15 

Subs.  15 

514 

2 

331 
731 

3 
1,5 

112 

80 
594 

596 
419  I 

473 


1203-01  to 
1203-21 


1446 


Index. 


CORPORATIONS    AND    TAXATION,    DEPARTMENT    OF — 

Concluded. 
divisions  of  —  Conclvded. 
accounts  —  Concluded. 

director,  auditing  of  district  accounts  by  . 

board  composed  of  attorney  general,  state  treasurer  and, 
approval  by,  of  renewal  of  certain  temporary  revenue 
loans  by  cities,  towns  and  districts      .... 

budget  and  appropriating  procedure  in  city  of  Boston 
and  county  of  Suffolk,  special  commission  to  continue 
to  investigate  as  to,  to  be  a  member  of        .        Resolve 

county  reserve  funds,  transfers  from,  to  other  accounts, 
approval  by     .......  . 

merit  system  for  certain  officers  and  employees  of  local 
boards  of  public  welfare,  certain  board  to  act  in  con- 
nection with,  to  be  member  of   . 

metropolitan  district  water  supply  system,  fees  for  admis- 
sion of  certain  cities  and  towns  to,  term  of  loans  for, 
fixing  by  ........ 

New  Bedford,  city  of,  unpaid  bills  of,  as  shown  on  list  on 
file  in  office  of,  appropriations  by  city  council  of  said 
city  for  payment  of,  etc.    ...... 

Peabody,  city  of,  unpaid  bills  and  payrolls,  of,  as  shovm 
in  list  on  file  in  the  office  of,  payment  authorized    . 

Somerville,  city  of,  unpaid  bills  of,  as  shown  on  list  on  file 
in  office  of,  payment  authorized,  etc. 

income  tax,  appropriations  ...... 


Chap. 

454 
134 


Item  or 
Section. 


69 
452 
680 


402 

727 

332 

229 

315 
419 

683 


CORRECTION,   DEPARTMENT   OF: 

in  general,  agents  or  employees  of,  appointed  as  special  state 

police  officers,  service  by,  of  warrants  issued  by  governor       70 

^419 


appropriations  . 


employees  of,  assigned  to  parole  matters,  civil  service  status  of 

habit  forming  stimulants  as  sedatives,  persons  addicted  to  in- 
temperate use  of,  departments  for,  etc.,  at  institutions 
under  control  of  ....... 

oflficers  and  employees   of  institutions  under   control   of,   re- 
moval and  other  change  in  status  of  certain,  relative  to    . 
commissioner,    defective  delinquents,   departments  for,   pris- 
oners and  persons,  committed  to,  removal  and  hospitaUza- 
tion  of,  duties  as  to      . 

deputy,  act  promoting  equality  of  compensation  for  positions 
in  state  service,  as  affecting    ...... 

Massachusetts  board  for  the  promotion  of  opportunities  for 
young  people,  to  be  member  of      . 

parole  permits  and  permits  to  be  at  liberty,  etc.,  granting  of,  1 
powers  and  duties  as  to         .  .  .  .  .  .  / 

visiting  at  certain  state  penal  and  reformatory  institutions, 
powers  and  duties  as  to         . 

pardons,  advisory  board  of,  appropriations  . 


parole  board,  appropriations 

liberty  permits  for  prisoners  in  certain  penal  and  reformatory 
institutions,  granting  by        .....  . 

liberty  permits,  pardons,  etc.,  powers  and  duties  in  connec- 
tion with     ... 
Correction,   houses  of   (see  Penal  and  reformatory  institutions, 

counties,  of). 
Correspondence  courses,  free,  advantages  of,  extension  to  former 

patients  of  county  and  state  hospitals  and  sanatoria 
Corrupt  practices,  elections,  in  respect  to  (see  Elections). 


683 

730 
690 

655 
257 

510 

596 

646 
690  J 

237 
419 

730 

419 

730 


690 


561 


1-4 
1-4 

1-4 

1202-01  to 
1202-21 

1202-01  to 
1202-21 


1801-01  to 

1807-00 

1801-06, 

1802-00 

Page  1164; 

1801-21  to 

1801-23 

8 


1.2 


1-3 

22 


2,  Subs.  129, 
135-1 36 A 

1.2 
1801-02 

Page  1164; 

1801-21  to 
1801-23 
1801-02 

Page  1164; 

1801-21  to 
1801-23 


1-10 


Index.  1447 

Item  or 
Chap.  Section. 

Cosmetology,  including  in  term  "shop"  under  laws  regulating  occu- 
pation of  hairdressing  ......     626  2 

Cost,  selling  cigarettes  below,  etc.,  prevention  of,  etc.  .     715  1-13 

selling  merchandise  below,  etc.,  prevention  of,  unfair  sales  prac- 
tices further  defined  by  inclusion  of  sales  taxes  or  excises  in     494 
Coughlin,  Cornelius,  temporary  reinstatement  in  labor  service  of 

city  of  Marlborough  for  retirement  purposes  .  .     485  1-3 

Council  and  councillors  (see  Governor  and  council). 

r         0101-18, 

4^g  0101-19, 

^^•^  ]  0102-07, 

Counsel  to  senate  and  house  of  representatives,  appropriations  .  •!         I         0102-10 

f         0101-18, 

683  0101-19, 

[  0102-10 

laws,  certain,  consolidation  and  arrangement  of,  etc.,  appro- 
priation           419  0102-16 

COUNTIES: 

appropriations  for  maintenance,  etc.,  of  certain  .  .  .  I  goQ  2-4 

banks,  closed,  certain  public  funds  of  county  officials  in,  relative  to      46  1-3 

clerks  of  courts  of  (see  Clerks  of  courts) . 

commissioners  (see  County  commissioners). 

crossings  of  public  ways  and  railroads,  alteration  of,  taking  of 

property  for,  by  .......     233 

employees  of  (see,  infra,  officers  and  employees  of). 

federal  grants  or  loans,  certain,  for  defense  public  works,  etc., 
extension  of  provisions  of  certain  enabling  acts  to  provide 
for,  acceptance  and  use  of,  by        ....  .     639  1-3 

finances  of  (see  County  finance).' 

functions  and  activities  of,  co-related  to  functions  and  activities 
of  federal,  state,  city,  town  and  district  governments,  in- 
vestigation relative  to  ....        Resolve       84 

funds,  public,  certain,  of  officials  of,  in  closed  banks,  relative  to  .       46  1-3 

hospitals  and  sanatoria  of,  former  patients  of,  correspondence 
courses,  free  of  charge,  offering  of,  by  department  of  edu- 
cation to     ........  .     561 

motor  vehicles  transporting  property  for,  exempted  from  law 
providing  for  supervision  and  control  of  motor  vehicles 
transporting  property  .......     692 

officers  and  employees  of,  in  general,  meals,  reimbursement  for 
expenses  of,  while  traveling  at  expense  of  county,  regu- 
lated   528  2 

military  or  naval  forces,  in,  contingencies  arising  in  connec-  1  -„„  /         1-6,  8,  9, 
tion  with  service  of,  act  meeting    .  .  .  .  .  /  \  24, 25 

travel  allowances  for,  using  their  own  cars  on  county  busi- 
ness, limited"       ........     528  3 

employees,  partially  disabled,  employment  of,  and  temporary 

filUng  of  their  original  positions,  pro\'iding  for  .  .     649 

workmen's  compensation  law,  payment  of  salaries  or  wages 
in  certain  cases  where  compensation  for  total  incapacity 
is  payable  under,  to      .  .  .  .  .  .  .     614 

See  also  specific  titles  of  officers. 

penal  and  reformatory  institutions  of  (see  Penal  and  reformatory 
institutions). 

personnel  board,  county,  administrative  expenses  of,  appro- 
priation         .  .     419  1203-21 

probation  officers,  temporary,  of  district  courts,  compensation  of, 

payment  by         .......  .     477  1 

public  buildings,  construction,  alteration,  etc.,  by,  performance 
bonds  in  connection  with  contracts  for,  and  fair  competi- 
tion for  bidders  on,  relative  to        .  .  .  .  .     699  1-7 

railroads  and  public  waj's,  crossings  of,  alteration  of,  taking  of 

property  for,  by  .......     233 

retirement  systems  (see  Retirement  systems  and  pensions). 

tax,  county,  basis  of  apportionment,  biennial  establishment  of  .     112 

established  .  .  .  .  .  .  s  ggg  j  2 

granting  for  certain    .  .  .  .  .  .  <  ggn  g 

treasurers  of  (see  County  treasurer). 

tuberculosis    hospitals     (see     Tuberculosis    hospital     districts, 

county) . 
See  also  names  of  specific  counties. 


1448 


Index. 


COUNTY   COMMISSIONERS: 

in  general,  banks,  closed,  certain  public  funds  of  county  officials 
in,  powers  as  to  . 

candidates  for  nomination  by  a  political  party  for,  required  to 
be  certified  as  enrolled  members  of  such  party  or  as  unen- 
rolled  .  .  .  .  .  . 

federal  grants,  issuance  and  renewal  of  certain  temporary  loans 
in  anticipation  of,  approval  by      ....  . 

prisoners,  arrest  of,  upon  revocation  of  parole  permits,  etc., 
powers  as  to         . 
released  upon  permits  or  on  parole,  return  to  prison  of  cer- 
tain, powers  and  duties  as  to 

probation  officers  appointed  to  act  exclusively  in  juvenile 
cases  in  certain  district  courts,  compensation  of,  approval 
by 

reserve  funds,  county,  transfers  from,  to  other  accounts  upon 
request  of         .  .  .  .  . 

Worcester  county,  in,  supplemental  provision  for    . 

tax,  county,  levy  by  certain  ...... 

Barnstable,  shore  protection  for  towns  in  the  county,  construc- 
tion by  department  of  public  works,   contributions  by 
county  to  cost  of,  powers  and  duties  as  to       . 
Berkshire,  Center  pond  in  town  of  Becket,  laying  out  right  of  way 
to,  by  .  .  .  .  . 

Hampshire  county  sanatorium,  central  heating  plant  at,  act 
providing  for  construction  of,  acceptance  by  . 
sprinkler  system  at,  act  providing  for  installation  of,  ac- 
ceptance by  .  .  .  . 

Bristol,  agricultural  school,  county,  providing  for  adequate  water 

supply  for,  powers  and  duties  as  to 
Dukes,  buUding  in  Gay  Head,  certain  sum  as  part  of  county  tax 
in  connection  with  purchase  of,  levying  by 
county  forest,  acquisition  by        .         _.  .  .  . 

Essex,  agricultural  school,  county,  additional  land  and  buildings 
in  towns  of  Middleton  and  Danvers  to  be  used  for  purposes 
of,  purchase  by   . 
Hallinan,  Lenley  D.,  payment  of  sum  of  money  to,  act  author 

izing,  acceptance  by     .  .  . 

Hathaway,  C.  Frank,  pasTnent  of  sum  of  money  to,  act  author- 
izing, acceptance  by     . 
Franklin,  Hampshire  county  sanatorium,  central  heating  plant 
at,  act  providing  for  construction  of,  acceptance  by  . 
sprinkler  system  at,  act  providing  for  installation  of,  accept 
ance  by       .  .  .  .  .  .  . 

Montague  Gity  bridge,  so  called,  construction  of,  contribution 
to  cost  of,  borrowing  of  money  for,  by  . 
Hampshire,  county  sanatorium,  central  heating  plant  at,  con 
struction  by,  etc.  .  . 

sprinkler  system  at,  installation  by,  etc.    . 
Middlesex,  district  court,  Somerville,  of,  additional  accommoda 
tions  for,  providing,  etc.,  by  .... 

reimbursement  of  certain  court  officers  for  legal  expenses  in- 
curred, act  authorizing,  acceptance  by   . 
Norfolk,  boundary  line  between  towns  of  Bellingham  and  Frank- 
lin, act  establishing,  etc.,  acceptance  by  .       _   . 
municipal  court  of  Brooklinc,  adequate  accommodations  for 
providing,  etc.,  by        .....  . 

Plymouth,  county  buildings,  certain,  making  of  certain  changes 
and  repairs  in,  etc.,  by  ...... 

Duxbury,  town  of,  shore  protection  in,  by  department  of  pub- 
lic works,  contributions  by  county  to  cost  of,  etc.,  act 
authorizing,  acceptance  by   . 

land,  certain,  lease  to  town  of  Plymouth  for  dump  purposes  by 

Marshfield,   town   of,   protection   of   shores  in,   contribution 

by  county  toward  cost  of,  act  authorizing,  acceptance 

by 

Worcester,  payment  to,  of  metropolitan  water  system  assess- 
ment upon  former  town  of  Dana,  appropriation 
probate  court,  court  officer  for,  act  providing  for  appointment 
of,  acceptance  by  ......  . 

See  also  Counties. 


Chap. 
,46 

675 
639 
690 
174 

677 

528 

680 

/528 

1680 

615 
669 

263 

303 

302 

392 

82 
87 

131 

142 

305 

303 

302 

371 

303 
302 

48 

74 

641 

219 

100 


Item  or 
Section. 


542 

'  31 

152 


449 
419 
226 


2 
3 

1,2 

1 

1 
2 
1 
3 

1.2 

1-5 
3 
3 

1-7 
1 

1,2 
2 
2 
3 
3 

1.2 

1-3 
1-3 

1-4 

2 

2 

1-4 

1-3 


3 

1.2 
1.2 


3 

8902-24 
2 


Index. 


1449 


Chap. 


Item  or 
Section. 


County  fairs,  holding  of  horse  or  dog  racing  meetings  in  connection 
with,  approval  by  municipal  authorities  of  location  of 
horse  or  dog  race  tracks  not  required  in  case  of 

COUNTY   FINANCE: 

appropriations  for  maintenance  of  certain  counties,  etc. 

closed  banks,   public  funds  of  county  oflBcials  in,  relative  to 
certain        .  .  .  .... 

county  tax,  basis  of  apportioimient,  biennial  establishment  of    . 

established     ......... 

granting  for  certain  counties         ...... 

federal  grants  or  loans,  certain,  for  public  defense  projects,  etc., 
extension  of  provisions  of  certain  enabling  acts  to  provide 
for  acceptance  and  use  of,  by  counties   .... 

probation  officers,  temporary,  of  district  courts,  compensation 
of,  payment  by  counties        ...... 

receipts,  estimated,  for  current  year,  to  include  amounts  due  to 
counties  out  of  certain  funds  in  connection  with  public 
funds  of  county  officials  in  closed  banks 
reserve  funds,  transfers  from,  to  other  accounts,  when  may  be 
made  .  .  .  .  .  . 

Worcester  county,  in^  supplemental  provision  for 
See  also  County  treasurers. 
County  officer^  and  employees  (see  Counties). 
County    personnel    board,    administrative    expenses    of,    appro- 
priation      ......... 

County  retirement  systems  (see  Retirement  systems  and  pensions). 
County  tax,  basis  of  apportionment,  biennial  establishment  of 

established     ......... 

granting  for  certain  counties  ....... 

COUNTY   TREASURERS: 

closed  banks,  certain  public  funds  of  county  officials  in,  duties 
as  to  -.  .  .  .  .  .  . 

employment  security  law,  certificates  that  foreign  corporations 
or  non-residents  have  paid  contributions  under,  filing 
with  .  .  .  .  ... 

notes,  temporary,  issuance  and  renewal  in  anticipation  of  federal 
grants,  powers  and  duties  as  to      . 

retirement  systems,  contributory,  in  certain  towns  under  ten 
thousand  population,  powers  and  duties  as  to 
Court  house,  Suffolk  county,  maintenance  cost,  reimbursement 

of  city  of  Boston  for  certain  portion  of,  appropriation 
Court  officers,  Middlesex  county,  of,  reimbursement  to  certain,  for 
legal  expenses  incurred  ...... 

Middlesex,  district  court,  first,  of  eastern,  additional  officer  for, 
appointment,  etc.  ....... 

Roxbury  district,  municipal  court  of,  additional  officer  for,  ap>- 
pointment,  etc.    ........ 

supreme  judicial  court,  in  attendance  upon,  salaries  of,  appro- 
priation     ......... 

establishment  by  justices  of  said  court       .  .  .  . 

Worcester  county,  probate  court  of,  court  officer  for,  appoint- 
ment, etc.  ......... 

COURTS: 

in  general,  probation  officers  (see  Probation  officers). 

administrative,  establishment  of,  investigation  relative  to  Resolve 
appropriation  ........ 

Boston  municipal  (see  District  courts). 

clerks  of  (see  Clerks  of  courts;  District  courts). 

district  courts  (see  District  courts). 

land  court  (see  Land  court). 

probate  courts  (see  Probate  courts). 

superior  court  (see  Supreme  judicial  and  superior  courts). 

supreme  judicial  court  (see  Supreme  judicial  and  superior 
courts). 

trial  justices  (see  Trial  justices). 

See  also  Judicial  council. 
Cowell  gymnasium,  town  of  Shelburne,  in,  contribution  to  cost  of 
maintenance  of,  by  town  of  Buckland    .  .  .  . 


295 


(628 
1680 

1 

1-4 

46 

1-3 

112 

/141 

\633 

1,2 

/528 

1 

\680 

3 

639 

1-3 

477 

1 

46 

528 
680 


419 

112 

/141 
\  633 
/528 
1680 


46 


685 
639 


377 
419 


74 
348 


309 


419 

448 


226 


49 
683 


1203-21 


1,2 
1 
3 


1-3 

1,  Subs.  19 
2 

0318-01 
1.2 


0301-07 
1-3 

1.2 


0218 


1.2 


1450  Index. 


It«m  or 
Chap.  Section. 


Cows  (see  Cattle;  Livestock). 
Crabs  (see  Fish  and  fisheries). 
Cream,  vehicles  used  in  business  of  selling,  use  of  word  "dairy"  on, 

restricted .  .     298 

Creditors,  merged  and  consolidated  business  corporations,  of,  lia- 
bility of  resulting  corporation  to    .  .  .  .  .514  2 

See  also  Bankruptcy  Act  of  1898,  federal. 
Credit  Union  Fund,  Inc.,  Central  (see  Central  Credit  Union  Fund, 

Inc.). 
Credit  unions,  Central  Credit  Union  Fund,  Inc.,  incorporated  for 

purpose  of  assisting,  life  further  extended        .  .  .177 

death  of  borrowers  in  certain  cases,  charges  against  contingent 

funds  in  case  of  .  .  .  .  .  .  .  .79 

investments  by,  in  real  estate  mortgages,  requirements  for,  law 

modifying,  further  extended  .....       40 

loans  insured  bj'  federal  housing  administrator,  making  by,  term 

of  act  authorizing,  further  extended        ....     2G0 

loans,  personal,  by,  to  their  members,  further  regulated     .  .     102 

United  States  defense  savings  bonds  and  defense  savings  stamps, 

distribution  of,  co-operation  in,  by  .  .  .  .     575 

CRIMINAL   PROCEDURE   AND   PRACTICE: 

accessory  after  the  fact,  defense  of  relationship  in  prosecutions 

as,  etc.,  investigation  relative  to    .  .  .        Resolve       48 

appropriation  ........     683  0217 

building,  ship  or  vessel,  breaking  into,  in  the  night  time,  punish- 
ment for,  etc.,  investigation  relative  to  .        Resolve       48 
appropriation           .          .          .          .          •          •  •  •     683  0217 

children,  delinquent,  mental  and  physical  examinations  of  .     327 

common  carriers,  deaths  caused  by  negligence  of,  recovery  of  f  460  1,2 

fine  by  indictment,  etc.  .  .  .  .  .  .  \  504  1,  2 

criminals,  identification  of,  further  provision  for         .  .  .       69 

felony,  persons  convicted  for  third  time  of,  sentencing  to  state 

prison,  etc.,  investigation  relative  to       .  .        Resolve       48 

appropriation  ........     683  0217 

libel,  actions  for,  investigation  relative  to  .  .        Resolve       38 

penal  code,  drafting  of,  investigation  relative  to         .        Resolve       48 

appropriation  ........     683  0217 

robbery  while  armed  with  dangerous  weapon,  punishment  for, 

etc.,  investigation  relative  to  .  .  .        Resolve       48 

appropriation  .  .  •  .  •  •      ,    ■     683  0217 

stolen  property,  buying,  receiving  or  concealment  of,  etc.,  in- 
vestigation relative  to  ....        Resolve       48 

appropriation  .  .  .  .  .  •     _     •  •     683  0217 

trial  of  crimes  by  district  court  justices  sitting  in  superior  court, 

law  providing  for,  duration  extended      ....     576 

See  also  Parole  board. 
Criminals,  identification  of,  further  provision  for  .  .  .  .69 

Cronin,  Eleanor,  care  and  treatment 'of,  money  expended  by  town 
of  North  Attleborough  for,  reimbursement  by  common- 
wealth of  said  town  for  ...  .        Resolve       61 

Crossings,  public  ways  and  railroads,  of,  alteration  of,  taking  of 

property  for         ........     233 

railroads  for  private  use,  in  case  of,  applicability  of  certain 

laws  to        .  .  .  .  •  •  •  •  •     273  4 

Crustacea  (see  Fish  and  fisheries). 

Curtiss  Additional  Cemetery  Association,  property  of,  m  town 
of  Sheffield,  Pine  Grove  Cemetery  Association  authorized 
to  receive  and  administer,  etc.        .....     156  1-4 

Cushing  Academy,  number  of  trustees  of,  relative  to    .         .         .     193 


D. 

Dairy,  word,  use  on  vehicles  used  in  business  of  selling  milk,  skimmed 

milk  or  cream,  restricted       ......     298 

Dairy  farms,  certificates  of  registration  for,  issuing  and  renewing  of, 

fees  for        ...-.•■••     374 

Dairying  and  animal  husbandry,  division  of  (see  Agriculture, 
department  of). 

Damages,  personal  injuries,  for  (see  Personal  injuries). 


Index.  1451 

Item  or 

Chap.  Section. 

r,,g/      1712-00  to 

Danvers,  state  hospital,  appropriations  .  .  .  .  .  \  [  1712-26 

[  683  1712-00 

sale  of  water  to,  by  town  of  Danvers,  investigation  relative 

to       .......  .        Resolve       83 

town  of  (see  Cities  and  towns). 
D'Arcangelo,  Vincenzo,  land,  certain,  seized  on  execution  against, 
release    of   rights   in,    by    commonwealth,    to    county    of 
Worcester  .......        Resolve       42 

Daughters  of  Union  Veterans  of  the  Civil  War,  The,  Memorial 
Day  and  other  patriotic  holidays,  observance  by  cities 
and  towns  under  auspices  of,  etc.  ....     217  2 

Davis,  Edgar  B.,  premium  of  certain  bond  filed  in  state  of  Texas  )  A-,q  i'?n'>-21 

to  permit  suit  in  that  state  to  recover  judgment  against,  f  ^oo  i9n9_5>i 

in  relation  to  certain  unpaid  income  tax,  appropriations  J 

Deaf  and  blind  pupils,  education  of,  appropriations  .     419  <        Pace  479 

Dealtry,  Clarence  W.,  Memorial  Beach,  beach  bordering  Charles 

river  in  town  of  Watertown,  designated  as      .  .  .32  1,2 

Dean  Academy  and  Junior  College,  name  ot,  use  by  Dean  Academy     244 
Dearborn,  Hiram  N.,  former  member  of  present  house  of  repre- 
sentatives,   widow    of,    payment    by    commonwealth    of 
compensation  to  .....        Resolve       34 

Death  benefits  (see  Fraternal  benefit  societies). 

Deaths,  actions  for,  damages  in,  method  of  assessing  and  minimum 

amount  recoverable,  study  relative  to    .  .        Resolve       40 

certificates,  certain,  relating  to,  no  longer  required  to  state  pro- 
vision of  law  under  which  same  are  issued        .  .  .50 
medical  examiners  to  notify  department  of  industrial  accidents 

of,  in  certain  cases        .......     366 

motor  vehicles,  carrying  passengers  for  hire,  involving,  inquests 
in  cases  of,  reporting  of  evidence  at,  to  department  of 
public  utilities     ........     499 

caused  by,  security  for  satisfaction  of  judgment  (see  Motor 
vehicles,    liability   for   bodily  injuries,   etc.,    caused    by, 
security  for), 
negligence  of  common  carriers  and  others,  due  to,  liability  and  1460  1,  2 

amount  recoverable  for,  relative  to  .  .  .  .  \  504  1-4 

records  of,  war  veterans,  of,  to  state  war  in  which  veterans  served       51 
simultaneous,  effect  of,  upon  devolution  of  property  .  .     549  1,  2 

workmen,    of,    compensation    for    (see    Workmen's    compensa- 
tion). 
De  bonis  non,  administrators,  sale  of  real  estate  by,  under  license 

of  probate  court  .......     341  1,  2 

Debts,  commonwealth,  of  (see  State  finance). 

Deceased  persons,  declarations  of,  not  to  be  inadmissible  in  evidence 
as  private  conversations  between  husband  and  wife  in 
certain  cases        ........     363  1,  2 

estates  of  (see  Estates  of  deceased  persons). 
Declarations,  deceased  persons,  of,  not  to  be  inadmissible  in  evidence 
as  private  conversations  between   husband   and  wife  in 
certain  cases         ........     363  1,  2 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,   acquisition  by  city  of  Boston  and 
lease  thereof  to  Boston  Consolidated  Gas  Company,  pro- 
vision for    .  .  .  .  .  .  .  369  1-10 

Deeds,   acknowledgment  of,   etc.,   by  persons  in  military  or  naval 

service,  providing  additional  methods  for         .           .           .     708  17 
Massachusetts  co-ordinate  system,  so  called,  as  affecting   .           .       47 
registers  and  registries  of  (see  Registers  and  registries  of  deeds). 
See  also  Real  property. 
Deer,   damages  caused  by,  payment  by  commonwealth  of,  appro- 
priation  419              1004-35 

hunting,  unlawful,  of,  possession  of  shotguns  and  shotgun  shells 

as  constituting  prima  facie  evidence  of  .  .  .  .175 

See  also  Game  and  inland  fisheries. 
Deerfield  river,  establishment  of  restricted  areas  in,  for  breeding  of 

trout 599        2,  Subs.  14 

Deer  island,  north  metropolitan  relief  sewer,  extension  from  East 

Boston  to,  construction,  etc.  .....     720  1 

pumping  station,  improvements  of  No.  2  pump,  so  called,  at, 

cost  of,  appropriation  .......     419  8802-22 


1452  Index. 


Item  or 
Chap.  Section. 

Defective  delinquents,  departments  for,  prisoners  and  persons 
committed  to,  removal  and  hospitalization  of,  relative 
to 610  1-3 

DeFelice,  Teresa,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  certain  property  taken  for  highway 
purposes     .......        Resolve       59 

Defense,  national  (see  National  emergencj',  existing,  legislation 
pertaining  to). 

Defense  Plant  Corporation,  structures  of,  extension  into  tide  waters 

of  Saugus  river  authorized    .  .  .  .  .  .717 

Defenses,  contributory  negligence  and  imputed  negligence,  of, 
in  cases  of  injury  to  children  under  seven,  study  as 
to      .......  .       Resolve      24 


Deficiency  appropriations         .         .         .         .         .         .        .  ^  ^30  \    y^i  1173' 


489 

1-5 

327 

264 

1 

G48 

1.2 

419  Page  477 

[168, 
1173, 
1175 

Definitions  (see  Words  and  phrases). 
DEGREES: 

Eastern  Nazarene  College,  Trustees  for,  granting  by,  of  certain  .     251 
Emerson  College,  master  of  arts,  granting  by    .  .  .  .     246 

junior  colleges,  granting  by,  etc.,  investigation  and  study  rela- 
tive to         ......  .        Resolve       70 

appropriation  ........     683  0224 

St.  John's  Seminary,  granting  by,  of  certain  additional      .  .     313  2 

Wheelock  School,  trustees  of,  bachelor  of  science  in  education, 

granting  by  .  .  .  .  .  .  .  .     265 

Delaware,  state  of,  marine  fisheries  along  Atlantic  seaboard,  com- 
pact relative  to,  between  commonwealth  and,  etc.,  ap- 
proval, ratification,  etc. 
Delinquent  children,  mental  and  physical  examinations  of  . 

probation,  placing  on,  of,  by  superior  court,  relative  to 
Delinquents,  juvenile,  commitment  to  jail,  etc.,  relative  to    . 

See  also  Defective  delinquents. 
Dennis,  South  Improvement  District,  town  of  Dennis  authorized 

to  take  over  properties  and  to  assume  obligations  of       .     182  1-3 

town  of  (see  Cities  and  towns). 
Dental  examiners,  board  of  (see  Civil  service  and  registration, 

department  of). 
DEPARTMENTS,   STATE: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 
also  specific  titles  as  follows:  — 
Agriculture,  Department  of. 
Attorney  General. 
Auditor,  State. 

Banking  and  Insurance,  Department  of. 
Civil  Ser\'ice  and  Registration,  Department  of. 
Conservation,  Department  of. 
Corporations  and  Taxation,  Department  of. 
Correction,  Department  of. 
Education,  Department  of. 
Industrial  Accidents,  Department  of. 
Labor  and  Industries,  Department  of. 
Mental  Health,  Department  of. 
Metropolitan  District  Commission. 
Pubhc  Health,  Department  of. 
Public  Safety,  Department  of. 
Public  Utilities,  Department  of. 
Public  Welfare,  Department  of. 
Public  Works,  Department  of. 
Secretary,  State. 
Treasurer,  State. 
Dependent  children,  mothers  with,  aid  to  (see  Mothers  with  de- 
pendent children,  aid  to). 
See  also  Minors;  Parent  and  child. 
Deposits  (see  Banks  and  banking). 

Development    and    industrial    commission,    Massachusetts,  l^^g  f        1603-01, 
appropriations     .  .  .  .  .  .  ■  •  J  I  1603-02 

Dighton,  town  of  (see  Cities  and  towns). 

Disabled  public  employees,  certain,  employment  of,  etc.,  provid- 
ing for         ........  .     649 

Disabled  veterans  (see  Veterans). 


Index.  1453 


Item  or 
Chap,  Section. 

Discrimination,  employment  on  public  works  and  projects,  in,  and 
in  dispensing  of  public  welfare,  because  of  race,  color, 
religion  or  nationality,  prohibited  ....     170 

motor  vehicle  liability  policies  and  bonds,  issuance  or  execution 

of,  in,  because  of  race  or  color,  penalty  for    .  .  .     401 

Diseases,  communicable,  division  of  (see  Public  health,  department 
of), 
dangerous  to  public  health,  antitoxins,  scrums,  etc.,  for  preven- 
tion or  cure  of,  distribution  of,  by  state  department  of 
public  health        ........     612 

examination  of  applicants  for  marriage  intention  certificates  fGOl  1 

for  discovery  of  evidence,  required  .  .  .  .  \  697  1-3 

expenses  in  connection  with,  appropriation    ....     419  1907-08 

infectious  or  contagious,   term   "personal   injury"   as  used   in 

workmen's  compensation  law  to  include,  in  certain  cases  .     437 
occupational  (see  Labor  and  industries,  department  of,  occupa- 
tional hygiene,  division  of), 
spastic  paralysis,  treatment  of,  at  Lakeville  state  sanatorium, 

authorized  ........     506 

DISTRICT   ATTORNEYS: 

f.^q/      0310-01  to 

appropriations \  *^^  \  0310-09 

[ 730  0310-05 

medical  examiners  in  military  or  naval  service,  medical  examiner 

to  perform  duties  of,  designation  by       .  .  .  .     708  14 

southern  district,  third  assistant  district  attorney  and  deputy 

district  attorney  for,  and  their  salaries  established  .  .     470  1-3 

DISTRICT   COURTS: 

in  general,  actions  under  employment  security  law,  jurisdiction  \  »„_  f     1,  Subs.  12, 


:}. 


685' 


relative  to .  .  .  .  .  .  .  .  J  "°^  \        15,18,42 

administrative  committee  of,  other  than  municipal  court  of  (419  0304-01 

city  of  Boston,  appropriations    .  .  .  .  .  \  730  0304-01 

established,  powers,  duties,  etc.     .....     682  1-2 

probation  officers,  to  act  exclusively  in  juvenile  cases  in  dis- 
trict courts,  appointment  of,  etc.,  powers  and  duties 
as  to  ...  .  ....     677  1 

temporary,    for   district   courts,    appointment  of,  ap- 
proval by     .......  .     477  1 

children,   delinquent,  mental  and  physical  examinations  of, 

making  of,  to  cause      .......     327 

cigarette  tax  law,  enforcement  of,  certain  proceedings  as  to, 

in      .  .  ...  .  .  .  .417  8 

civil  service  laws,  seniority  rights  in  official  service  under,  de- 
termination of,  review  for,  by        ....  .     166 

clerks  of,  civil  service  laws,  certain  petitions  brought  under, 
in  such  courts,  information  relative  to,  furnishing  to  direc- 
tor of  civil  service  by  .  .  .  .  .  .  .     135 

Suffolk  county,  in,  salaries  of,  and  of  assistant  clerks,  estab- 
lishment and  classification  of  ....  .     447  1-5 

justices,  probation  officers  to  act  exclusively  in  juvenile  cases 
in  district  courts  other  than  municipal  court  of  city  of 
Boston,  appointment  and  removal  of,  by         .  .  .     677  1 

special,  number  limited  in  district  courts  other  than  munici- 
pal court  of  city  of  Boston  .  .  .  .  .     664  1-3 

retirement  or  resignation  of,  pensions  upon,  etc.      .  .     689  1, 2 

services  of  certain,  reimbur.sement  of  counties,  appropria-  J  419  <         Paee  478 

*^°"^ {730  0302-13 

Ljo/        0302-11, 

superior  court,  sitting  in,  trial,  etc.,  of  certain  criminal  cases  I  \  0302-12 

by,  compensation  and  expenses  of,  appropriations     .   |  yon  j         0302-11, 

['"^^  \  0302-12 

law  providing  for,  duration  extended  .  .  .     576 

juvenile  cases  in  district  courts  other  than  municipal  court  of 
city  of  Boston,  appointment  of  probation  officers  to  act 
exclusively  in       .......  .     677  1 

probation  oflBcers  of,   juvenile  cases,   to    act  exclusively  in, 
except  in  municipal  court  of  city  of  Boston,  providing 

for .     677  1 

superior  court,   certain  children  placed  on  probation  by, 

placing  of,  in  care  of    .  .  .  .  .  .  .     264  1,  2 

temporary,  for,  appointment  of,  authorized        .  .  .     477  1, 2 


1454  Index. 

Item  or 
Chap.  Section. 

DISTRICT    COURTS  —  Concluded. 
in  general  —  Concluded. 

Suffolk  county,  in,  clerks  and  assistant  clerks  of,  establishment 

and  classification  of  salaries  of       ....  .     447  i_5 

system,  district  court,  of  commonwealth,  including  municipal 
court  of  city  of  Boston,  investigation  and  study  rela- 
tive to    ......  .        Resolve   -   92 

appropriation 419  0212-00 

tort  actions  arising  out  of  operation  of  motor  vehicles,  removal 
to  superior  court  from,  bond,  filing  of,  in,  not  required 
in  certain  cases  .......     203  2   3 

time  of  making  application  for       .....     203  l'  3 

special  provisions  for  particular  courts: 

Boston,  municipal  court  of  the  city  of,  actions  under  employ-  "1  „„,  (    1,  Subs.  12, 

ment  security  law,  jurisdiction  relative  to        .  .  .  j  000  j        15,18  42 

buildings,  certain,  in  Boston,  expense  of  removal  or  making  f  445  '       '    l 

safe  of  certain,  certain  decisions  as  to,  appeals  from,  to  .  \  446  2 

special  justices  of,  retirement  or  resignation  cf,  pensions 

upon,  etc.  .  .  . 689  1,  2 

Brookline,  municipal  court  of,  adequate  accommodations  for  .     219  I-4 

Middlesex,   district  court,   first,   of  eastern,   additional   court 

officer  for    .........     345 

Roxbury  district,  municipal  court  of,  court  officer,  additional, 

for 309  3 

fourth  assistant  clerk,  office  established      ....     309  1   2 

Somerville,  district  court  of,  additional  accommodations  for  .       48  1-4 

See  also  Boston  juvenile  court. 
DISTRICTS: 

in  general,  accounts  of,  auditing  of,  relative  to        .  .  .     454 

borrowing  of  money   by,   federal  emergency   unemployment 

relief  projects,  on  account  of  .....       92  1-3 

revenue  loans,  temporary,  renewal  of  certain      .  .  .     134 

employees  of,  partially  disabled,  employment  of,  and  tempo- 

rarj'  filling  of  their  original  positions,  providing  for  .     649 

federal  grants  or  loans,  certain,  for  defense  public  works,  etc., 
extension  of  provisions  of  certain  enabling  acts  to  provide 
for  acceptance  and  use  of,  by         .  .  .  .  .     639  1-3 

functions  and  activities  of,  co-related  to  functions  and  activi- 
ties of  federal,  state,  county,  city  and  town  governments, 
investigation  relative  to         ...  .        Resolve       84 

linemen,  certain  employees  of  certain  districts  formerly  em- 
ployed thereby  as,  retirement  allowances  of    .  .  .     409  1   2 
motor  vehicles  transporting  property  for,  exempted  from  law 
providing  for  supervision  and  control  of  motor  vehicles 
transporting  property             ......     692 

officers  and  employees  of,  in  general,  military  or  naval  forces, 
in,  contingencies  arising  in  connection  with  service  of,  act 
meeting       ......... 

public  buildings,   construction,   alteration,  etc.,  by,  perform- 
ance  bonds  in   connection   with   contracts  for,   and   fair 
competition  for  bidders  on,  relative  to    . 
retirement  systems,  contributory,  in  cities  and  towns,  provi- 
sions of,  exten.'iion  to  certain  ..... 

workmen's  compensation  law,  payment  of  wages  or  salaries  in 
certain  cases  where  compensation  for  total  incapacity  is 
payable  under,  to  employees  of      . 
fire,  debt,  incurring  by,  further  regulated  .... 

metropolitan  system  of  water  works,  furnishing  of  water  from, 
to  certain    ......... 

Montague  Center  Fire  District,  establishment,  etc. 
Shelburne  Falls  Fire  District,  extensions  of  boundaries  . 
water  rates  and  charges  of,  liens  for  and  collection  of,  further 
regulated    ......... 

fire  and  water,  metropolitan  system  of  water  works,  furnishing 
of  water  from,  to  certain       ...... 

improvement,  debt,  incurring  by,  further  regulated 

Dennis  South  Improvement  District,  properties  and  obliga- 
tions of,  taking  over  and  assumption  by  town  of  Dennis    . 
light,  debt,  incurring  by,  further  regulated       .... 

metropolitan  (see  Aletropolitan  districts). 
tuberculosis  hospital  (see  Tuberculosis  ho.spita]  districts). 
water.  Auburn  Water  District,  establishment,  etc.   . 
Charlton  Water  District,  establishment,  etc. 
debt,  incurring  by,  further  regulated    ..... 


■708{ 

1-6,  8,  9, 
24,  25 

699 

1-7 

386 

614 
376 

727 
431 
672 

1 

1-13 

1.2 

380 

1-7 

727 
376 

1 

182 
376 

1-3 

670 
568 
376 

1-16 
1-14 

Index. 


1455 


DISTRICTS  —  Co7icluded. 
water  —  Concluded. 

Dracut    Water    Supply    District,    additional    water    supply 
sources  for  ........ 

Hartford,  Connecticut,  metropolitan  district  for,  land  held 
by,  in  towns  of  Tolland  and  Granville,  payments  in  lieu 
of  taxes  on,  regulation  of       .....  . 

Lynnfield  Center  Water  District,  additional  water  loan 
metropolitan  system  of  water  works,  furnishing  of  water  from, 
to  certain   ......... 

rates  and  charges  of,  liens  for  and  collection  of,  further  regu- 
lated ......... 

South  Dighton  Fire  and  Water  District,  authorized  to  pur- 
chase water  from,  or  sell  water  to,  Bristol  county  agri- 
cultural school     ........ 

Sudbury  Water  District,  additional  water  loan 
See  also  Boston  metropolitan  district. 
Dividends,  banks,  closed,  liquidation  of  certain,  payment  in,  bor- 
rowing of  funds  for,  by  commissioner  of  banks,  extension 
of  time  for  ....... 

domestic  corporations,  paid  by,  taxation  of,  as  income 
foreign  corporations,  paid  by,  credit  for  certain,  not  to  be  allowed 
temporarily  ....... 

taxation  of,  as  income  ...... 

savings  banks,  depositors  of,  payment  to  .  .  . 

DIVISIONS,    STATE   DEPARTMENTS,    OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 
Departments,  state ;    and  specific  titles  as  follows :  — 
Accounts  (see  Corporations  and  Taxation,  Department  of). 
Adult  Hygiene  (see  Public  Health,  Department  of). 
Aid  and  Relief  (see  Public  Welfare,  Department  of). 
Apprentice  Training  (see  Labor  and  Industries,  Department 

of). 
Banks  and  Loan  Agencies  (see  Banking  and  Insurance,  De- 
partment of). 
Biologic  Laboratories  (see  Public  Health,  Department  of). 
Blind  (see  Education,  Department  of). 
Child  Guardianship  (see  Public  Welfare,  Department  of). 
Child  Hygiene  (see  Public  Health,  Department  of). 
Civil  Service  (see  Civil  Service  and  Registration,  Department 

of). 
Commercial  Motor  Vehicle  (see  Public  Utilities,  Department 

of). 
Communicable  Diseases  (see  Public  Health,  Department  of). 
Corporation  (see  Secretary,  State). 

Dairying  and  Animal  Husbandry   (see  Agriculture,   Depart- 
ment of). 
Employment  Security  (see  Labor  and  Industries,  Department 

of). 
Fire  Prevention  (see  Public  Safety,  Department  of). 
Fisheries  and  Game  (see  Conservation,  Department  of). 
Food  and  Drugs  (see  Public  Health,  Department  of). 
Forestry  (see  Conservation,  Department  of). 
Immigration  and  Americanization  (see  Education,  Department 

of). 
Income  Tax  (see  Corporations  and  Taxation,  Department  of). 
Inspection  (see  Public  Safety,  Department  of). 
Insurance  (see  Banking  and  Insurance,  Department  of). 
Juvenile  Training  (sec  Public  Welfare,  Department  of). 
Libraries,  Public  (see  Education,  Department  of). 
Liquidations  (see  Banking  and  Insurance,  Department  of). 
Livestock  Disease  Control  (see  Agriculture,  Department  of). 
Marine  Fisheries  (see  Conservation,  Department  of). 
Markets  (see  Agriculture,  Department  of). 
Milk  Control  (see  Agriculture,  Department  of). 
Necessaries  of  Life  (see  Labor  and  Industries,  Department  of). 
Occupational  Hygiene  (see  Labor  and  Industries,  Department 

of). 
Parks  and  Recreation  (see  Conservation,  Department  of). 
Plant  Pest  Control  and  Fairs  (see  Agriculture,  Department 

of). 
Registration  (see  Civil  Service  and  Registration,  Department 

of). 
Sanitary  Engineering  (see  Public  Health,  Department  of). 


Chap. 


521 


498 
471 


727 
380 


392 
127 


145 
331 

331 
331 

105 


Item  or 
Section. 


1,2 

1.2 

1 

1-7 


3 

1,2 


1 

1.3.4 

2 
1.3.4 


1456 


Index. 


DIVISIONS,    STATE   DEPARTMENTS,    OF  —  Concluded. 
See  specific  titles  —  Concluded. 

Savings  Bank  Life  Insurance  (see  Banking  and  Insurance,  De- 
partment of). 
Smoke  Inspection  (see  Public  Utilities,  Department  of). 
Standards  (see  Labor  and  Industries,  Department  of). 
Stat«  Police  (see  Public  Safety,  Department  of). 
Telephone  and  Telegraph  (see  Public  Utilities,  Department  of). 
Tuberculosis  (see  Public  Health,  Department  of). 
Unemployment  Compensation  (see  Labor  and  Industries,  De- 
partment of). 
Waterways  (see  Public  Works,  Department  of). 
Wildlife  Research  and  Management  (see  Conservation,  De- 
partment of). 
Doctors  (see  Physicians). 

Dog  racing  meetings  (see  Horse  and  dog  racing  meetings,  etc.). 
Dogs,  chasing  or  hunting  of  deer  by,  penalized        .... 

hunting,  so  called,  training  of  ...... 

laws  relating  to,  enforcement  of,  by  director  of  division  of  fish- 
eries and  game    ........ 

licensing  of,  refunds  of  fees  paid  for,  forbidden  in  certain  cases 
transfer  license,  issuance  in  case  of  removal  of  dog  from  one 
municipality  to  another         ...... 

Doherty,  Agnes,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  certain  property  taken  for  highway 
purposes     .......        Resolve 

Domestic  corporations  (see  Corporations). 
Doorkeepers  (see  General  court). 

Dorchester  district  of  city  of  Boston,  highway  traflSc  through, 
investigation  relative  to,  etc.  .  .  .        Resolve 

Malibu  beach  in,  grading  and  sanding  of  .... 

sewerage  works,  additional,  for,  etc.,  investigation  by  metro- 
politan district  commission  relative  to    .  .        Resolve 
Dowd,  John  F.,  reward  for  information  leading  to  arrest  of,  appro- 
priations    .          .          .          .          .          .  .  .  . 

Dowding,  Joseph  E.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  for  high- 
way purposes       ......        Resolve 

Mary  E.,  estate  of,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  for  high- 
way purposes       ......        Resolve 

Draber,  Verna  K.,  payment  by  town  of  Bourne  of  sum  of  money  to 
Dracut,  town  of  (see  Cities  and  towns). 

water  supply  district,  additional  water  supply  sources  for 
Drafts  (see  Negotiable  instruments). 
Drinks  (see  Alcoholic  beverages). 
Druggists  (see  Pharmacists). 
Drugs,  food  and,  division  of  (see  Public  Health,  Department  of). 

inspection  in  department  of  public  health,  approriations    . 

Drug  stores,  meals  served  at,  excise  on  charges  for  certain,  imposi- 
tion of,  and  use  thereof  for  old  age  assistance  fund  . 
Drummey,  William  W.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  services,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938      .  .        Resolve 
Drunkenness,  prisoners  serving  sentences  for,  granting  of  condi- 
tional releases  to            ....... 

Drunken  persons,  carrying  of  firearms  by,  in  places  where  hunting 
is  permitted,  penalty  for       ...... 

D  street  garage,  department  of  public  works,  of,  certain  employees 
in,  placed  under  civil  service  ..... 

Dudley,  town  of  (see  Cities  and  towns). 

Duggan,  Beatrice  H.,  Worcester,  of,  payment  by  commonwealth  of 
sum  of  money  to  .....       Resolve 

DUKES   COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

county  forest,  establishment  in        .....  . 

Gay  Head,  town  of,  certain  building  on  land  owned  by  said 

county  in,  purchase  of,  by    . 
Massachusetts  co-ordinate  system,  island  zone  of,  includes  area 
in       .........  . 

sheriff,  powers  of,  with  respect  to  violations  of  cigarette  tax  law 
tax  levy        .......... 

Dunstable,  town  of  (see  Cities  and  towns). 


Chap. 


Item  or 
Section. 


1 


599 
599 

2.  Subs.  88 
2.  Subs.  112 

599 
132 

2,  Subs.  20 

133 

64 

29 

586 

93 
419 

683 

0401-28 
Page  971 

64 

64 
623 

521 

419 
729 

94 


1,2 


/    2012-01, 
1    2012-02 


17 


690  2, 

Subs.  136A 

159 

1.2 

627 

1.2.4-6 

63 

528 
87 

1 

82 

1.2 

47 
417 
628 

8 
1 

Index. 


1457 


Chap. 
Duryea,  Charles  E.,  tablet  in  honor  of,  acceptance  by  common- 

weaJth  and  placing  thereof  in  state  house        .       Resolve       21 
Dutch  elm  disease,  so  called,  work  in  connection  with,  appro- 
priation      .........     419 

Duxbury,   bay,  herring  or  alewives,  certain,  taking  from  certain  f  172 
waters  of,  prohibited    .  .  .  .  .  .  .  \  598 

town  of  (see  Cities  and  towns). 
Dwelling  houses,  rented  for  human  habitation,  standards  of,  legis- 
lation to  require  owners  thereof  to  raise,  etc.,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve       71 

appropriation  .  .  .  .  .  .  .     683 

See  also  Housing  authorities. 
Dynamite  (see  Explosives  and  inflammable  fluids  and  compounds). 


Item  or 
Section. 


1341-83 


1,  Subs.  97A 


0225 


E. 

Earth,  points  on  surface  of,  within  commonwealth,  system  of  plane 
co-ordinates  for  designating  and  stating  positions  of,  de- 
fined and  use  thereof  authorized    ..... 

Easements,  slope,  so  called,  certain  powers  granted  to  department 
of  public  works  with  respect  to  taking  of         .  .  . 

East  Boston,  airport,  appropriations    ...... 

improvements  made  by  city  of  Boston  at,  determination  of 

values  of,  in  contemplation  of  turning  over  possession  of 

said  property  to  commonwealth,  providing  for       Resolve 

turning-over  of,  to  commonwealth,  authorized,  providing  for 

improvement  thereof,  etc.     ...... 

armory  in,  erection  of,  investigation  by  armory  commission  rela- 
tive to         ......  .        Resolve 

channel  leading  from,  to  main  channel  of  Boston  harbor,  dredging 
of,  investigation  relative  to  .  .  .  .       Resolve 

north  metropolitan  relief  sewer,  extension  to  Deer  island  from, 
construction,  etc.  ....... 

pier  one  at,  appropriation       ....... 

rapid  transit  faciUties  for,  providing  of,  investigation  relative 
to      .......  .       Resolve 

tunnel,  vehicular  (see  Sumner  Tunnel). 

Yacht  Club,  channel  leading  from  waters  near,  dredging  of,  in- 
vestigation relative  to  ....        Resolve 

Eastern  Nazarene  College,  Trustees  for,  degrees,  certain,  granting 

.     by      .      _    

East  Otis  Reservoir,  outlet  and  spillway  of,  screening  by  depart- 
ment of  conservation  ....... 

appropriation     ......... 

Edgartown,  town  of  (see  Cities  and  towns). 

Education,  adult,  English  speaking  classes,  appropriations 

deaf  and  blind  pupils,  of,  appropriations  .... 

youth  of  commonwealth,  of,  problems  affecting,  etc.,  study  rela- 
tive to,  complete  report  of,  printing  and  sale  of       Resolve 
appropriation    ......... 

See  also  Colleges  and  universities;    Schools;   Vocational  educa- 
tion. 
Educational  opportunities,  young  people,  for,  promotion  of,  com- 
mission for,  establishment,  etc.      ..... 

Education  Association,  National,  convention  of,  in  Boston,  ex- 
penses in  connection  with,  appropriation 
EDUCATION,   DEPARTMENT   OF: 

in  general,  apprenticeship,  director  of,  co-operation  by,  with, 
etc.    .......... 


appropriations 


47 

519 
730 


/695 

\728 

4 

6 

720 
730 

28 

6 

251 

572 
683 

419 
419 

22 
683 


646 
419 


707 
151 

419 

622 

683 

730 


3132-14, 
3133-14 


1-12, 16 
1 


Page  1173 


1002-52 

1301-64, 

1301-65 

0301-41; 

Page  479 


1301-24 


1-4 
0444-06 


2,  Subs.  IIG 

1.  2 

1301-01  to 

1341-94; 

Page  479 

1,  2 

1301-02  to 

1341-97 

1301-02  to 

1305-03; 

Page  1169 


1458 


Index. 


EDUCATION,   DEPARTMENT   OF  —  Concluded. 

in  general  —  Concluded. 

blind  persons,  aid  to,  records  relating  to,  etc.,  act  making  con- 
fidential,   and   prohibiting   misuse    thereof,    powers   and 
duties  as  to  .  .  .  _        . 

correspondence  courses,  free,  furnishing'to  former  patients  of 

county  and  state  hospitals  and  sanatoria  by  . 
educational   and   employment   problems   affecting   youth   of 
commonwealth,    study    by,    of,    complete    report    of, 
copies  of,  printing  and  sale  of    .  .  .        Resolve 

appropriation      .  .  .  .  .  .  . 

guidance  and  placement,  supervisor  of,  appointment  in 

Massachusetts  board  for  the  promotion  of  opportunities 
for  young  people,  to  be  agent  of    .  .  .  . 

Massachusetts  board  for  the  promotion  of  opportunities  for 
young  people,  establishment  in      . 

occupational  guidance  and  placement,  directors  of,  appoint- 
ment of,  in  towns,  powers  as  to     . 

transportation  or  board  of  pupils,  contracts  for,  submission  of, 
to,  etc.        ......... 

advisory  board  of  education,  meetings  of     . 
commissioner,  guidance  and  placement,  supervisor  of,  appoint- 
ment by      .  .  .  .  .  .  . 

handicrafts,  problems  connected  with  stimulation  of,  investi- 
gation and  study  as  to,  by    .  .  .  Resolves 

Massachusetts  board  for  the  promotion  of  opportunities  for 
young  people,  to  be  chairman  of    . 

nurses  and  attendants,  approving  authority  for  schools  for, 
to  be  member  of  ....... 

pharmacy,  schools  or  colleges  of,  approval  by,  etc. 

trade  schools,  private,  regulation  of,  powers  and  duties  as  to   . 

Westfield  state  teachers  college,  appropriation  for  maintenance 
and  operation  of,  approval  by        ....  . 

divisions  of: 

in  general,  directors  of,  act  promoting  equality  of  compensation 
for  positions  in  state  service,  as  affecting 

blind,  appropriations  ....... 

immigration  and  Americanization,  appropriations 

libraries,  public,  appropriations   ...... 

vocational  education,  appropriations    ..... 
director  of,  apprenticeship  council,  to  be  member  of   . 

teachers'  retirement  board,  appropriations 

teachers,  salaries  of,  temporary  general  reductions  of,  as  af- 
fecting retirement  rights  of  certain  teachers,  when  notice 
received  by,  etc.  ....... 

See  also  Retirement  systems  and  pensions. 
Edwards,  General  Clarence  R.,  Memorial  Bridge,  Springfield, 
city  of,  in,  retrocession  of  jurisdiction  by  United  States 
over,  act  accepting       ....... 

Eels  (see  Fish  and  fisheries). 
Election  officers  (see  Elections) . 
ELECTIONS : 

absent  voting,  ballots  and  other  documents  u.sed  in,  envelopes 

to  contain,  preparation  of,  further  regulated  . 

right  to  vote  by,  certain  conditions  of,  further  liberalized 

voters,  by,  who  by  reason  of  physical  disability  are  unable  to 

vote    in    person,    proposed    amendment    to    constitution 

providing  for       ........ 


Chap. 


630 

561 


Item  or 
Section. 


1,2,4 


22 
683 
676 

1301-24 
1 

676 

3 

646 

}676 

1-4 

[          2,  Subs. 

38A,  38B, 

,       38D,  38E 

590 
138 

676 

1 

13,50 

646 

1 

620 

52 

583 

2,  Subs.  15A 

1,2 

2 

622 

596 

419 

683 
730 

419 

683 

419 

.683 

419 

683 

ro7 

419 
683 
730 

671 
540 


333 
279 


1304-01  to 
1304-10 
1304-05 
1304-08 
1302-01, 
1302-02 
1302-02 
1303-01, 
1303-02 
1303-02 

1301-30  to 

1301-32 

1301-31, 

1301-32 

,  Subs.  HE 

1305-01  to 
1305-05 
1305-02 

1305-01  to 
1305-03 


2,3 


1.2 
Page  1230 


Index. 


1459 


ELECTIONS  —  Continued. 

Adams,  town  meeting  members  at  large  in,  reduction  of  number 
of 

appropriations       ......... 

Attleboro,  biennial  municipal  election  of,  held  in  1940,  validation 
of,  in  certain  respects  ....... 

ballot  law  commission,  appropriations      ..... 

ballots,  absent  voting,  used  in,  envelopes  to  contain,  preparation 
of,  further  regulated     ....... 

preparing,  printing  and  distribution  of,  appropriations   . 

primaries,  certain,  at,  number  of  blank  spaces  to  be  provided 
on      .........  . 

state  elections,  at,  names  of  candidates  of  two  leading  political 

parties  for  state  wide  offices  to  be  placed  at  head  of  ballot 

in  places  where  voting  machines  are  not  used  . 

See  also  Initiative  and  referendum. 

Boston,  nomination  of  candidates  for  municipal  elective  offices 

in.  relative  to      .......  . 

Cambridge,  candidates  for  municipal  office  in,  filing  by,  of  certain 
statements  and  petitions       ...... 

Chicopee,  non-partisan  municipal  elections  in,  establishing  of 
city  and  town  elections,  civil  service  laws,  placing  under,  of 
certain   municipal    officers,    question   of,    submission    to 
voters  at,  etc.      ........ 

city  charters,  standard  form,  question  of  adopting,  submission 

to  voters  at  city  elections  instead  of  at  state  elections 
city  committees  (see,  infra,  political  committees), 
city  elections,  city  charter,  standard  form  of,  question  of  adopt- 
ing, submission  to  voters  at  ..... 

nomination,  certificates  of,  and  nomination  papers  for  offices 
at,  time  of  filing  ....... 

nomination  papers  of  candidates  for  office  in  certain  cities, 

number  of  signatures  required  on,  reduction  of 

nominations  by  preliminary  elections  in  cities  under  standard 

form  of  city  charter,  question  of  accepting  provisions  of 

law  relative  to,  submission  to  voters  at  ... 

proportional  representation  and  preferential  voting,  question 

of  election  of  city  officers  by,  submission  to  voters  at 
time  for  holding,  under  standard  form  of  city  charter     . 
See  also,  supra,  city  and  town  elections, 
city  primaries  (see,  infra,  primaries), 
civil  ser\'ice  laws,  placing  of  certain  offices  under,  submission  of 

question  of,  to  voters  in  cities  and  towns 
committees,  political  (see,  infra,  political  committees), 
contested  elections  of  general  court,  cases  of,  publication  of 
reports  of,  etc.,  providing  for         .  .  .        Resolve 

conventions,  state,  delegates  to,  choice  of  ...  . 

corrupt  practices: 

statements  of  political  expenses  of  candidates  and  political 
committees  further  regulated  ..... 

counting  of  votes,  when  questions  are  submitted  on  separate 

ballots  to  voters  voting  by  use  of  voting  machines   . 
delegates  to  state  conventions,  choice  of  .... 

election  officers,  cities,  certain,  in,  appointment  of     . 
expenses  and  receipts  of  candidates  and  political  committees, 
statements  of,  further  regulated     ..... 

Fall   River,   biennial  municipal  elections  in,   holding  in   odd- 
nimabered  years  instead  of  even-numbered  years 
preliminary  election  in  1942  in,  regulation  of  time  for  filing 
certain  statements  by  candidates  at        ...  . 

Gardner,  orders  authorizing  the  issue  of  bonds,  notes,  etc.,  for 
certain  purposes,  question  of  approving  or  disapproving, 
provision  for  submitting  to  voters  of      . 
Holyoke,  nomination  papers  for  elective  municipal  offices  in,  rela- 
tive to         ........  . 

non-partisan  mxmicipal  elections  in,  establishment  of 


Chap. 

560 
419 

683 

1 
419 

683 

333 

/415 
1683 

352 
292 

472 


Item  or 
Section. 


0504-01  to 
0504-04 

0504-01  to 
0504-07 

2 

0425-01, 
0425-02 

0425-01, 
0425-02 


0504-01 
0504-01 


266 


640 


640 
640 


414 


74 
337 


280 


1-3 


558 
271 

1.2 
1-11 

414 

640 

1.2 

640 
/278 
1472 

1.2 
4 

6 
3,4 


1-12 


1.2 


511 
337 
432 

6 

1-12 

1.2 

280 

1,2 

160 

1-4 

562 

202 


370 
390 


1-3 


1-4 
1-14 


1460  Index. 

Item  or 
Chap.  Section. 

ELECTIONS  —  Continued. 

inns,  lodging  houses  and  public  lodging  houses,  information  rela- 
tive to  persons  residing  at,  securing  of  certain,  in  connec- 
tion with  registration  thereof  as  voters,  law  relative  to, 
to  apply  in  all  cities  and  towns      .....     328  1,  2 

laws  relating  to,  revision  of,  investigation  relative  to  .        Resolve       74 

Ludlow,  town  meeting  members  in,  filing  nomination  papers  by 

candidates  for  election  as,  further  regulated    .  .  .     167 

Maiden,  question  of  adopting  Plan  B  form  of  city  charter  for, 
voting  on,  by  said  city  at  its  regular  municipal  election  in 
the  current  year  .......     3G2  1,  2 

national  conventions  (see,  supra,  conventions). 

New  Bedford,  biennial  municipal  elections  in,  holding  of,  in  odd- 
numbered  years  providing  for,  and  establishing  date  of 
said  elections       ........       95  1-6 

nominations  of  candidates,  certificates  of  nomination,  city  offices,  f  278 

for,  time  of  filing  .  .  .  .  .  .  .  t  472 

I  27S 
nommation  papers,  by,  city  ofiices,  for,  time  of  filing      .  .  <  .-S 

signatures  on,  number  of,  required  in  case  of  certain  candi- 
dates for  office  in  certain  cities  and  towns,  reduction  of    .     206 
primaries,  by  (see,  infra,  primaries). 

state  primaries,  at,  by  a  political  party  for  councillor  or  repre- 
sentative in  congress,  candidates  required  to  be  certified 
as  enrolled  members  of  such  party  ....     563 

by  a  political  party  for  county  commissioner  or  senator  or 
representative  to  the  general  court,  candidates  required 
to  be  certified  as  enrolled  members  of  such  party  or  as 
unenrolled  ........     675 

Peabody,  biennial  municipal  elections  in,  holding  of,  in  odd- 
numbered  years  providing  for,  and  establishing  date  of 
said  elections       ........       97  1-7 

political  committees,  in  general,  expenses  and  receipts  of,  state- 
ments of,  further  regulated  ...... 

city,  election  officers,  appointment  of,  powers  and  duties  as  to 

ward,  election  officers,  persons  desiring  appointment  as,  lists 

of,  submission  by  ......  . 

ward  and  town,  delegates  to  state  conventions,  choice  by 
presidential  primaries  (see,  infra,  primaries,  presidential), 
primaries,  city  and  town,  nomination  papers  of  candidates  to  be 
voted  for  at,  time  of  filing     ...... 

laws  relating  to,  revision  of,  investigation  relative  to      Resolve 
presidential,  ballots  at,  number  of  blank  spaces  to  be  pro- 
vided on     ........  . 

state,  ballots  at,  blank  spaces,  number  of,  to  be  provided  on  . 
candidates  for  nomination  by  a  political  party  at,  for  coun- 
cillor or  representative  in  congress,  required  to  be  cer- 
tified as  enrolled  members  of  such  party      .  .  .     ,563 
for  county  commissioner  or  senator  or  representative  to 
the  general  court,  required  to  be  certified  as  enrolled 
members  of  such  party  or  as  unenrolled       .          .  .     675 
proportional  representation  and  preferential  voting,  election  of 
certain  city  and  town  officers  by,  certain  laws  authorizing, 
made  applicable  to  city  council  of  Boston        .          .          .     345 
questions  submitted  to  voters  relative  to  adoption  of  standard 
form  city  charter,  etc.,  submission  at  city  elections  in- 
stead of  at  state  elections     ......     640  1-7 

See  also,  supra,  civil  service  laws. 
Quincy,  biennial  municipal  elections  in,  providing  for         .     .    .     103  1-4 

recounts  of  ballots,  conduct  of         .....  .     350 

representation  of  candidates  and  petitioners  by  agents  at  350 

towns,  certain,  in,  petitions  for,  number  of  signatures  required 

on 230 

registrars  of  voters,  candidates  for  nomination  by  a  political 
party  at  state  primaries  for  councillor  or  representative 
in  congress,  certification  of,  as  enrolled  members  of  such 
party,  duties  as  to        .  .  .  .  .  .  .     563 

candidates  for  nomination  by  a  political  party  at  state  pri- 
maries for  county  commissioner  or  senator  or  representa- 
tive to  the  general  court,  certification  of,  as  enrolled  mem- 
bers of  such  party  or  as  unenrolled,  duties  as  to       .  .     675 
civil  service  laws,  placing  of  certain  mvmicipal  offices  under, 

by  popular  vote,  petitions  for,  submission  to,  etc.    .  .     414 


2S0 
432 

1.2 
2 

432 
337 

2 
1 

272  ' 
74 

352 
352 

I]^^DEX. 


1461 


Chap. 
ELECTIONS  —  Concluded. 

registrars  of  voters  —  Concluded. 

inns  and  lodging  houses,  certain  information  relative  to  per- 
sons residing  at,  securing  by,  law  relative  to,  to  apply  in 
all  cities  and  towns      .......     328 

signatures,  number  of,  required  on  nomination  papers  of  certain 
candidates  for  office  in  certain  cities  and  towns,  reduc- 
tion of         ........  .     266 

state  committees  (see,  supra,  political  committees), 
state  conventions  (see,  supra,  conventions). 

state  elections,  ballots  at,  names  of  candidates  of  two  leading 
political  parties  for  state  wide  offices  to  be  placed  at  head 
of,  in  places  where  voting  machines  are  not  used     .  .     292 

civil  service  laws,  placing  under,  of  certain  municipal  offices, 

question  of,  submission  to  voters  at,  etc.  .  .  .     414 

state  primaries  (see,  supra,  primaries). 

Taunton,  biennial  municipal  elections  in,  establishment  of,  and 
changing  number,  manner  of  election  and  term  of  office 
of  certain  municipal  officers  .....     407 

town  committees  (see,  supra,  political  committees). 
town  elections,  nomination  papers  of  candidates  for  office  in  cer- 
tain towns,  number  of  signatures  required  on,  reduction  of     266 
proportional  representation  and  preferential  voting,  question 

of  election  of  town  officers  by,  submission  to  voters  at     .     640 
recounts  of  ballots,  petitions  for,  number  of  signatures  required 

on 236 

See  also,  supra,  recounts  of  ballots;    supra,  city  and  town 
elections, 
town  primaries  (see,  infra,  primaries). 

voters,  identification  of,  form  of  general  register,  etc.,  investiga- 
tion relative  to    . ,        .  .  .  .  .        Resolve       74 

questions  submitted  to   (see,  supra,  questions  submitted  to 

voters) . 
registration  of,  inns  and  lodging  houses,  securing  of  certain 
information  relative  to  persons  residing  at,  in  connection 
with,  law  relative  to,  to  apply  in  all  cities  and  towns       .     328 
votes,  counting  of,  when  questions  are  submitted  on  separate 

ballots  to  voters  voting  by  use  of  voting  machine    .  .511 

voting  lists,  verification,  state  wide,  of,  investigation  relative 

to       .......  .        Resolve       74 

voting  machines,  use  of,  making  certain  changes  in  laws  neces- 
sitated by  .  .  .  .  .  .  .  .  .511 

Wakefield,  question  of  fixing  tenure  of  office  of  selectmen  of,  vot- 
ing on,  by  said  town  at  its  annual  town  meeting  in  1942  .       56 
ward  committees  (see,  supra,  political  committees). 
Weymouth,  question  of  accepting  act  relative  to  votes  required 
to  reverse  action  of  representatiA'e  town  meeting  in,  vot- 
ing on,  by  said  town,  at  its  annual  town  election     .  .     429 
Worcester,  officials,  certain,  of,  election  and  term  of  office  of      .     235 
Electrical  appliances,  buildings,  in,  in  city  of  Cambridge,  placed 
under  control  of  building  department  of  said  city 
overhead,  in  city  of  Boston,  removal  or  placing  underground  of 
certain,  further  providing  for          .... 

Electrical  engineer,  term,  engineers  and  land  surveyors,  registra 

tion  of,  law  providing  for,  not  to  restrict  use  of,  etc. 
Electric  companies  (see  Gas  and  electric  companies). 
Electricians,  state  examiners  of  (see  Civil  service  and  registra- 
tion, department  of). 
Electric  railroad  companies,  taxation  of  (see  Taxation,  corpora- 

tions,  of,  corporate  franchises). 
Ellershaw,  Donald,  Westfield,  of,  payment  by  commonwealth  of 
sum  of  money  to  .....        Resolve 

Ellison,  Grace  A.,  conveyance  of  certain  land  in  city  of  Quincy  to, 

by  state  department  of  public  works,  authorized     Resolve 

Ell  pond,  Melrose,  city  of,  in,  protection  of  shores  and  improvement 

of  land  adjacent  thereto,  borrowing  of  money  for,  by  said 

city 425 

Elm,  American,  designated  as  the  state  tree           .          .          .          .     121 
Elm  disease,  Dutch,  so  called,  work  in  connection  with,  appropria- 
tion  419 

Embalmers,  employment  of,  by  funeral  directors,  power  of  board 
of  registration  in  embalming  and  funeral  directing  to 
regulate,  limited  .......     232 


Item  or 
Section. 


1,2 


1-7 


1.  2 
6 

1-7 


2 

1,  2 


208 

110  1-3 

643     2,  Subs.  810 


55 
23 

1,2 

1341-83 


1462  Index. 


Item  or 
Chap.  Section. 


Embalming  and  funeral  directing,  board  of  registration  in 

(see  Civil  service  and  registration,  department  of). 
Embezzlement,  property  of  a  deceased  person,  of,  certain  proceed- 
ings in  probate  court  with  respect  to      .  .  .  .     323  1, 2 

Emergency  appropriations,  war  or  national  emergency,  in  time  of, 
borrowing  of  money   outside   debt  limit   by   cities  and 
towns  for,  authorized  .......     487  1-3 

Emergency   commission,   Massachusetts,   established,    powers, 

duties,  etc.  ........     719  1-5,  12 

EMERGENCY  FINANCE   BOARD: 

appropriation 419  0605-01 

Boston,  city  of,  funding  by,  of  overlay  deficits,  approval  by      .     225  1 

Cambridge,  city  of,  borrowing  of  money  by,  approval  by  .  .     605  3 

public  welfare,  soldiers'  benefits,  federal  emergency  unemploy- 
ment   relief    projects,    and    federal    surplus    commodity 
stamp  plan,  borrowing  by  cities  and  towns  on  account 
of,  powers  and  duties  as  to  .  .  .  .  .  .92  1-3 

tax  titles,  borrowing  of  money  by  cities  and  towns  based  upon, 
powers  and  duties  as  to         . 
Emergency  law,  certain  act  declared  by  governor  to  be  an 
Emergency  laws,  federal  (see  Federal  emergency  laws). 
Emergency  powers,  governor,  of,  act  granting       .... 

EMERGENCY   PUBLIC   WORKS    COMMISSION: 


129 

630 

1 
1-4 

719 

6-11 

/419 

1730 

0606-01 
0606-01 

720 

16,  19 

720 

1-3,  11,  18 

appropriations       ......... 

existence  further  extended  and  compensation  of  appointive  mem- 
bers fixed    ......... 

north  and  south  metropolitan  sewerage  districts,  additional  pro- 
visions for  sewage  disposal  needs  of,  powers  and  duties 
in  connection  with        ....... 

EMERGENCY    RELIEF    APPROPRIATION    ACT     OF     1935, 
FEDERAL: 

commonwealth,  securing  by,  of  benefits  of,  extension  of  pro- 
visions of  certain  enabling  acts  relative  to      .  .  .     720  17 
counties,  cities,  towns  and  districts,  securing  by,  of  certain  bene- 
fits of,  extension  of  provisions  of  certain  enabling  acts 
relative  to,  and  incurring  of  indebtedness  in  connection 

therewith 639  1-3 

Emerson  College,  degree  of  master  of  arts,  granting  by,  authorized     246 
Emerson,  William  M.,  reimbursement  of,  by  county  of  Middlesex, 

for  certain  legal  expenses       .  .  .  ...       74  1,2 

Eminent  domain,  crossings  of  public  ways  and  railroads,  altera- 
tion of,  taking  of  property  for,  by  ....     233 

Employees,   commonwealth,  of   (see  Commonwealth,  officers  and 
employees  of), 
counties,  of  (see  Counties). 

injured,  compensation  for  (see  Workmen's  compensation), 
municipal  (see  Municipal  officers  and  employees). 

public,  compensation  for  injuries  sustained  by,  appropriations   .     419  <      ^  ^qjnLnj 

See  also  Employers  and  employees;  Labor. 
EMPLOYERS   AND   EMPLOYEES: 

apprentice  training,  division  of,  powers  and  duties  of,  as  affecting     707  2,  3 

industrial  homework,  employers'  permits  for,  fees  for  renewal 

.    .         of 539 

injured  employees,  compensation  to  (see  Workmen's  compen- 
sation) . 

insurance,  accident  or  health,  general  or  blanket  policies  of, 
premiums  on  which  are  paid  solely  by  employees  covered 
thereby,  issuance  to  employers       .  .  .  .118 

military  or  naval  service,  employees  in,  reinstatement  in  former  "* 

positions,  relative  to     .  .  .  .  .  .  .     708  15 

unemployment  compensation  payments  to,  upon  termination 

of  such  service,  relative  to    .  .  .  .  .  .     701  1-7 

railroads,  employees  of,  actions  to  recover  for  deaths  of,  raising 

aimounts  to  be  awarded         ......     504  2 

re-employment  by  employers  of  employees  who  leave  their  posi- 
tions upon  being  called  for  military  or  naval  service  under 
Federal  Selective  Service  and  Training  Act  of  1940  and 
are  rejected  for  such  ser\ice  .....     442 

unemployment  compensation  law,  as  affecting  (see  Unemploy- 
ment compensation  law). 

See  also  Labor;   Workmen's  compensation. 


Index. 


1463 


Chap. 
Employment,  children,  of  (see  Minors). 

military  or  naval  service,  persons  honorably  discharged  from, 

reinstatement  in  .......     708 

persons  lea\'ing  employment  for,   unemployment  compensa- 
tion payments  to,  pending  return  to,  relative  to    . 
public  employees,  partially  disabled,  of,  pro%ading  for 
public  works  and  projects,  on,   discrimination  in,   because  of 

race,  color,  religion  or  nationality,  prohibited 
young  people,  of,  opportunities  for,  commission  for  promotion 
of,  etc.,  established       ....... 

problems  of,  etc.,  appointment  of  occupational  guidance  and 
placement  directors  in  towns  to  consider,  etc. 
study   relative   to,    complete   report   of,    printing   and    sale 
of  .  .  .  .  .  .  .  .        Resolve 

appropriation       ........ 

See  also  Employers  and  employees;  Labor;  Massachusetts  Com- 
mission on  the  Employment  Problems  of  Negroes;  Un- 
emplojTnent. 

Employment  offices,  public,  free,  appropriations 

EMPLOYMENT   SECURITY,  DIVISION   OF: 

director  of,  military  or  naval  ser%dce,  persons  in,  unemployment 
compensation  payments  to,  powers  and  duties  as  to 

establishment,  powers,  duties,  etc.  ..... 

name  of  division  of  unemployment  compensation  changed  to, 
etc.    .  .  .  .  .  . 

See  also  Emplo%-ment  securitv,  di\'ision  of. 
EMPLOYMENT   SECURITY   LAW: 

in  general,  changes  in 

administration 

benefits 

board  of  review     . 

claims  and  appeals 

contributions 

definitions    . 

employees  subject  to,  defined 

employers  subject  to,  defined 

employment  security  administration  account 

investment  board  under,  membership,  powers,  duties,  etc. 

military  or  naval  service,  persons  in,  unemployment  compensa- 
tion payments  to,  under,  relative  to 

penalties       ...... 

records  and  reports         .... 

state  advisory  council    .... 

unemployment  compensation  fund 

See  also  Unemployment  compensation  law. 
Encumbrances,    property,   on    (see    Liens;     Mortgages;     Personal 

property;    Real  property). 
Endowment  insurance  (see  Insurance,  classes  of  insurance,  life). 

Engineering,  professional,  practice  of,  etc.,  regulated 

Engineers  and  land  surveyors,  professional,  board  of  regis- 
tration of  (see  Civil  service  and  registration,  department 
of). 

Engineers  Council  for  Professional  Development,  engineering 
curriculum  accredited  by,  in  connection  with  registration 
of  professional  engineers,  etc.  .....     643 

Engineers,  firemen  and  hoisting  machine  operators,  licenses 

for,  annual  renewal  of,  relative  to  ....     525 

English  sparrows  (see  Game  and  inland  fisheries). 

English  speaking  classes,  adults,  for,  appropriations    .  .  .     419 

Engrossment,  bills  and  resolves  passed  to  be  engrossed  by  general 

court,  of 347 

Entertainments,  use  of  special  halls,  so  called,  for,  during  certain 

months,  further  regulated     ......     694 

Equity,  jurisdiction,  in  general,  Boston  zoning  law,  so  called,  under     373 
probate  courts,  proceedings  in,  under,  affecting  title  to  real 
estate,  recording  in  registries  of  deeds  of  memoranda  rela- 
tive to 88 


Item  or 
Section. 


15 


701 
649 

1-7 

170 

646 

1-4 

676 

2 

22 
683 

1301-24 

419 
683 

1607-01 
1607-01 

701 
685 

1,7 
1-11 

685 


685 
685  1, 
685  1, 
685 
685  1, 
685  1, 
685 
685 
685 
685  1, 
685 

701 
685 
685  1 

685  I 

685  1 


(643 

1722 


1-11 


1-11 

Subs.  62-71 

Subs.  22-37 

5 

Subs.  38-43 

Subs.  13-21 

1,  Subs.  1-7 

1,  Subs.  1 

1,  Subs.  1 

Subs.  68-61 

1,  Subs.  57 

1-7 

1,  Subs.  47 
Subs.  44-46 

1,  Subs.  20. 

43,62;  4,5 
Subs.  48-57 


1-5 
lA,  9A-9C 


2,  Subs.  BIG 

1.2 

1301-55, 
1301-64, 
1301-65; 
Page  479 


20 

1.2 


1464 


Index. 


Chap. 
Equity  —  Concluded. 

jurisdiction  —  Concluded. 

superior  court,  airport  approaches,  municipal  regulations,  etc., 

relative  to,  to  enforce  .......     637 

fisheries  and  game,  director  of  division  of,  orders  of,  to 
reverse  or  affirm  ....... 

marine  fisheries,  director  of  division  of,  orders  of,  enforce, 
to  reverse  or  affirm       ....... 

Suffolk  county,  for,  Boston  zoning  law,  so  called,  under 
medical  service  corporations,  in  certain  matters  affecting 
certain    ......... 

supreme  judicial   and   superior  courts,   banks  and   banking, 

cases  relating  to,  exclusion  from  concurrent  jurisdiction  of 

Brookhne,  city  of,  regulation  of  wires  in,  to  enforce 

Charles  river,  pollution  of,  orders  of  department  of  public 

health  for  prevention  of,  to  enforce         .... 

employment  security  law,  under        ..... 

fish  ways,  orders  of  director  of  division  of  fisheries  and  game 
relative  to,  to  enforce  ....... 

insurance  matters,  certain,  exclusion  from  concurrent  juris- 
diction of   .  . 
marine  fisheries,  director  of  division  of,  orders  of,  to  enforce 
supreme  judicial  court,  banks  and  banking,  cases  relating  to, 
exclusive  jurisdiction  in         .....  . 

insurance  matters,  certain,  exclusive  jurisdiction  in     . 

medical  service  corporations,  as  to    . 

savings  banks,  reduction  of  deposits  in  certain,  with  respect 

to . 

shellfish,  plants  for  purifying,  provisions  of  law  relative  to, 
to  enforce  ......... 

procedure  and  practice,  real  estate  mortgages,  proceedings  for 
authority  to  exercise  powers  of  sale  contained  in,  brought 
because  of  Federal  Soldiers'  and  Sailors'  Civil  Relief  Act 

of  1940 26 

Escheated  estates,  deceased  persons,  certain,  of,  payment  from 

state  treasury  of  balances  of  .  .  .     Resolves  68,  79 

[419 
appropriations  .  .  .  .  .  .  .  .  .  -^  683 

i730 
Esplanade  concerts,  contribution  towards  cost,  appropriation       .     419 
ESSEX   COUNTY: 

agricultural  school,  land  and  buildings,  additional,  in  towns  of 
Middleton  and  Danvers  to  be  used  for  the  purposes  of, 
purchase  by         .......  .     131 

appropriations  for  maintenance  of,  etc.    .....     528 

Hallinan,  Lenley  D.,  payment  of  sum  of  money  to,  by,  author- 
ized    142 

Hathaway,  C.  Frank,  payment  of  sum  of  money  to,  by,  author- 
ized  .  .  .  .  .  .  .  .  .305 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in        .........       47 

tax  levy        ..........     528 

ESTATES  OF  DECEASED  PERSONS: 

concealment,  etc.,  of  property,  certain  proceedings  in  probate 

court  with  respect  to    .  .  .  .  .  .  .     323 

escheated  (see  Escheated  estates). 

legacy  and  succession  taxes  on,  additional,  temporary,  imposi- 
tion, etc.     .........     416 

rates  of     .........  .     415 

real  estate  of,  sale  by  administrators  de  bonis  non  under  license 

of  probate  court  .  .  .  .  .  .     341 

taxes,  collection  of,  from,  which  persons  were  relieved  therefrom 

for  lack  of  ability  to  pay  or  otherwise    .  .  .  .     227 

income,  legacy  and  succession,  additional,  temporary,  imposi- 
tion, etc.     .........     416 

wards,  insane  and  spendthrift,  certain,  burial  of,  payment  of 
charges  and  expenses  of,  balance  of  certain  bank  deposits 
remaining  after,  to  become  general  assets  of  their  estates     241 
See  also  Executors  and  administrators. 
Estate  taxes  (see  Taxation). 
European  corn -borer,  suppression  of,  appropriation      .  .  .419 


Item  or 
Section. 


599 

2,  Subs.  28 

598  1 
373 

Subs.  22,  76 
18 

306 

Subs.  12 

28 
555 

1-6 

353 
685  1 

Subs.  42,  72 

599 

2,  Subs.  30 

180 
698  1 

Subs.  19,  26 

28 
180 
306 
334 

Subs.  13,  17 
Subs.  13 

186 

598 

1,  Subs.  77 

1.2 


2820-06 
2820-06 
2820-06 
8602-26 


1.2 
1 

1.2 

1.2 

1 

1.2 

2.3 

1.2 

1,2 
1-3 
2.3 


0909-12 


Index.  1465 

Item  or 
Chap.  Section. 

Evacuation  Day  (see  March  seventeenth) . 

Evidence,  declarations  of  deceased  persons  not  to  be  inadmissible  in,    . 
as  private  conversations  between  husband  and  wife  in 
certain  cases        ........     363  1, 2 

hospital  records  made  by  photographic  or  micro-photographic 

process,  admissibility  of,  in  .  .  .  .  .  .     389  1, 2 

military  or  naval  service,  affidavits,  etc.,  of  persons  in,  use  as, 

relative  to 708  16 

motor  vehicles  carrying  passengers  for  hire,  inquests  in  cases  of 

death,  at,  reporting  of,  to  department  of  public  utilities   .     499 
negligence,  of,  admissibility  of  evidence  of  violation  of  statutes, 

ordinances,  etc.,  as,  investigation  relative  to  .        Resolve       17 
photographic  or  micro-photographic  process,  public  records  made 

by,  use  in-  .  .  .  .  .     662  2 

prima  facie,  advertising  or  offering  to  sell  cigarettes  at  less  than 

cost  to  be,  of  intent  to  injure  competition,  etc.  .  .     715  3 

architects,  board  of  registration  of,  certificates  of  .  .  .     696      2,  Subs.  601 

competitors,  intent  to  injure,  or  to  destroy  competition  under 
Unfair  Sales  Act,  so  called,  clarification  as  to  what  con- 
stitutes, with  respect  to  sales  taxes,  etc.  .  .  .     494 
deer,  unlawful  hunting  of    .                              .                    .  .175 
engineers  and  land  surveyors,  professional,  board  of  registra-  X^At  I  2,  Subs. 

tion  of ,  records  of J  I         81E,  81J 

fishing,  illegal,  of 599  2,  Subs.  40, 46 

hunting,  unlawful,  of  .......     599  {        78*87  88 

insurance  companies,  reports  of  examinations  of,  made  by 

commissioner  of  insurance,  facts  stated  therein        .  .     324 

Lake  Boone  commission,  rules  and  regulations  of  .  .  .     712  5 

marine  fish  and  fisheries,  certain  acts  to  be  prima  facie  evidence  \  ^qq  /   1,  Subs.  34, 
under  laws  relating  to  .  .  .  .  .  /  ^^**  1 44, 62, 76, 81 

milk  control  board,  copies  of  orders,  rules,  etc.,  of,  certified  by 
state  secretary,  to  be,  of  publication  of  such  orders,  rules, 

etc .  .     691        2,  Subs.  19 

tax  titles,  lands  of  low  value  held  under,  affidavits  and  notices  \  cn^  /  1.  3, 

of r^^X      Subs.  80A 

redemption  of,  facts  essential  to  determination  of  amount 

necessary  for        ........     319  1 

Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940,  act  of  congress 

known  as,  compliance  with,  of       .....       25  2 

Excise  tax  (see  Taxation,  excise  tax). 

Execution,  summary  process,  actions  of,  in,  stay  of,  relative  to         .     700  1-3 

EXECUTIONS   IN   CIVIL   ACTIONS: 

exemption  from,  of  fraternal  benefit  society  benefits,  law  provid- 
ing for,  not  applicable  to  indebtedness  charged  against 
member's  certificate  for  loans  granted    .  .  .  .     336  4 

Executive  council,  members,  distribution  to  certain,  of  Tercente- 
nary Edition  of  General  Laws        .  .  .       Resolve       19 

[■         0401-03, 

salaries  and  expenses,  appropriations        .....     419  I         0401-21* 

1  0401-23 

See  also  Governor  and  council. 

f/tio/     0401-01  to 

*^*^  \  0401-35 

Executive  department,  appropriations         .  .  .  .         .  ]  683  0401-40 

-on  /  Pages  1158, 
i  ''*"  \  1169 

See  also  Executive  council;    Governor;    Governor  and  council. 
EXECUTORS   AND   ADMINISTRATORS: 

in  general,  absentees,  receivers  of,  accounting  by,  to  .  .     399  1, 2 

actions  for  deaths,  due  to  negligence  of  common  carriers  and  f460  2 

others,  methods  available  to,  and  amounts  recoverable  by  \  504  2,  3 

bonds  of,  exemption  from  giving  sureties  on,  applications  for, 

notice  to  certain  guardians  and  conservators  .  .  .45  1,2 

compensation  of,  apportionment  of,  as  between  principal  and 

income        .  .  .  .  .  .  ...       36 

military  or  naval  service  of,  as  affecting  certain  actions  in- 
volving            708  22 

motor   carrier   certificates,    permits,   etc.,   transfer   of,    upon 

application  of      .......  .     483  3 


1466  Index. 

Tt«m  or 
Chap.  Section. 

EXECUTORS  AND  ADMINISTRATORS  —  Concluded. 
in  general  —  Concluded. 

old  age  assistance  wrongfullj'  received  by  certain  decedents, 

liability  of,  for     .  .  .  .  .  .  .     729  6 

real  property  owned  by  testators  or  intestates,  statements  as 
to,  filing  of,  in  proper  registries  of  deeds  by,  investigation 
relative  to  .  .  .  .  .        Resolve       53 

administrators  de  bonis  non,  sale  of  real  estate  by,  under  license 

of  probate  court  .......     341  1, 2 

Explosives  and  inflammable  fluids  and  compounds,  keeping, 
storage,  manufacture  or  sale  of,  buildings  and  other 
structures  for,  erection  and  use  of,  filing  of  certain  certifi- 
cates and  payment  of  certain  fees  in  connection  with, 
penalty  for  failure        .......     288 

'f. 

Factories,  commencement  or  change  of  location  of  certain,  notice  of, 

required      .........     642 

textile,  pick  clocks  on  looms  in,  testing  of  ...  .     462 

See  also  Industrial  establishments;    Textile  factories. 
Fairs,  state  or  county,  horse  and  dog  racing  meetings  held  in  connec- 
tion with,  approval  by  municipal  authorities  of  location 
of  horse  or  dog  race  tracks  not  required  in  case  of     .  .     295 

Fairs,  plant  pest  control  and,  division  of  (see  Agriculture,  de- 
partment of). 
Falcetti,  Dominic  A.  and  Valentina,  payment  of  sum  of  money 

to,  by  city  of  Holyoke,  authorized  ....     300  1,  2 

Fall  River,  finance  act,  so  called,  amendment  of     .  .  .  .     538  1-4 

city  of  (see  Cities  and  towns). 
Falmouth,  town  of  (see  Cities  and  towns). 
False   impersonation,   investigators,  etc.,   of  the   department  of 

public  utilities,  of,  penalty    .    '       .  .  .  .  .71 

Farm  equipment  and  produce,  sale  of,  special  licenses  for  persons 

to  be  auctioneers  in,  issuance,  etc.  .  .  .  .81 

Farming,  federal  funds  for  benefit  of  persons  engaged  in,  distribu- 
tion of,  study  as  to       .  .  .  .  .        Resolve       56 

appropriation     .........     683  0219 

Farms,  dairy,  certificates  of  registration  for,  issuing  and  renewing  of, 

fees  for        ........  .     374 

Farm,  state  (see  State  farm). 

Fascist,  etc.,  organizations,  activities  of,  investigation  relative  to, 
report,  complete,  of,  printed  copies  of,  free  distribution  by 
state  secretary     ........     256 

Federal  aid  projects,  so  called  (see  Federal  emergency  laws). 
Federal  Bankruptcy  Act  of  1898  (see  Bankruptcy  Act  of  1898). 
FEDERAL   EMERGENCY   LAWS: 
in  general : 

agriculture,  distribution  of  funds  for  benefit  of,  under,  study 

relative  to,  etc.  .....        Resolve       56 

appropriation       ........     683  0219 

Annisquam  river,  high  level  bridge  over,  construction  of,  with  ( 613 
funds  made  available  by       .  .  .  .  .  .  \  660 

apprentice  training,  use  for,  of  funds  granted  under  707     2,  Subs.  IIF 

cities,  towns  and  districts,  securing  by,  of  defense  public  works 
funds  under,  extension  of  provisions  of  certain  enabling 
acts  to  provide  for        .......     639  1-3 

counties,  securing  by,  of  defense  public  works  funds  under,  ex- 
tension of  provisions  of  certain  enabling  acts  to  provide  for     639  1-3 
harbor  and  waterway  improvements,  certain,  granting  of  funds 

for,  under  .......        Resolve       86 

north  and  south  metropolitan  sewerage  districts,  additional  1  ,        1948 

provisions  for  sewage  disposal  needs  of,  construction,  etc.,  }  720  <        ,  {    17 '/q 
in  part  from  funds  granted  under  .  .  j  '^        11,  1/,  l» 

trafiic  congestion  throughout  the   commonwealth,   proposed 
improvements  for  relief  thereof,   department  of  public 
works  authorized  to  apply  for  and  accept  federal  funds 
under,  for  .......        Resolve       75 

unemployment  relief  and  other  projects  under,  certain,  co- 
operation with  federal  government  in,  expenditures  by 
cities  and  towns  for,  prior  to  passage  of  annual  budget, 
extension  of  time  for    .......       58 


Index. 


1467 


FEDERAL  EMERGENCY  LAWS  —  Concluded. 

Selective  Service  and  Training  Act  of  1940,  re-employment  in 
their  former  positions  of  persons  who  leave  same  upon 
being  called  for  military  or  naval  service  under,  and  are 
rejected  for  such  service 
See  also  Military  and  naval  service  of  the  United  States. 
Social  Security  Act,  expenditure  of  certain  federal  funds  under, 
for  administrative  expenses  of  division  of  unemployment 
compensation,  regulation  of,  and  providing  for  replenish- 
ing said  funds  in  certain  cases        .  .  .  .  . 

Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940,  real  estate 
mortgages  in  which  soldiers  or  sailors  may  be  interested, 
judicial  determination  of  rights  to  exercise  powers  of  sale 
to  foreclose,  in  connection  with  prov-isions  of  . 
Surplus  Commodity  Stamp  Plan,  so  called,  borrowing  by 
cities  and  towns  on  account  of       . 
distribution  of  commodities  under,  authorized 
sale  by  cities  and  towns  of  stamps  under,  use  of  receipts  from, 
regulated    ......... 

See  also  Ci\'ilian  con.servation  corps;    Federal  housing  adminis- 
trator;   Federal  social  security  board. 
Federal  Food  Stamp  Plan,  so  called  (see  Federal  emergency  laws. 

Surplus  Commodity  Stamp  Plan,  so  called). 
Federal  government  (see  United  States). 

Federal  grants,  public  works,  etc.,  for  (see  Federal  emergency  laws). 

Federal  housing  administrator,   loans  insured  by,  making  by 

banking  institutions  and  insurance  companies,  term   of 

act  authorizing,  further  extended  .... 

Federal  railroad  retirement  board,  division  of  employment  se- 
curity, publications  of,  to  be  available  to         .  .  . 
Federal  Reserve  Bank  of  Boston,  unemployment  compensation 
fund,  deposit  in,  etc.    ....... 

Federal  savings  and  loan  associations,  investments  by  fraternal 

benefit  societies  in  shares  of  . 
Federal  social  security  board,  merit  system  installed  and  admin- 
istered by  department  of  public  welfare  at  instance  of, 
action  tmder,  validated  ...... 

Federal  Surplus  Commodity  Stamp  Plan,  so  called  (see  Fed- 
eral emergency  laws,  Surplus  Commodity  Stamp  Plan, 
so  called). 
Feeble  minded  persons  (see  Insane,  feeble  minded  and  epileptic 

persons) . 
FEES : 

agricultural  carriers  of  property  by  motor  vehicle,  regulation  of, 
in  connection  with        ...... 

alcoholic  beverages  control  commission,  received  by,  use  of 

architects,  registration  of        .....  . 

attendants,  so  called,  registration  of         ...  . 

auctioneers'  licenses,  special   ...... 

barbers,  certificates  of  registration  as,  renewal  of 

bedding  and  upholstered  furniture  manufactured  outside  com- 
monwealth, permits  for  sale  of,  for,  reimbursement  of 
certain  persons  for,  appropriation  .... 

bicycles,  registration  of  ....... 

bovine  animals,  transportation  and  sale  of,  licenses  for 

carriers  of  property  by  motor  vehicle,  transfer  of  certain  certifi- 
cates, permits,  etc.,  in  connection  with  .... 

cigarettes,  licenses  for  distributors  and  dealers 

cinematograph  and  similar  apparatus  for  exhibition  of  motion 
pictures,  Hcenses  for  use  of   . 

corporations,  business,  merger  and  consolidation  of,  in  connec- 
tion with    ......... 

dairy  farms,  certificates  of  registration  for,  issuing  and  renewing 
of 

dog  licenses,  for,  refunds  of,  forbidden  in  certain  cases 

engineers  and  land  surveyors,  professional,  registration  of 

engineers,  firemen  and  hoisting  machine  operators,  renewal  of 
licenses  of  . 

hairdressers,  registration  of,  duplicates  of  certificates  of 

hospitals  and  sanatoria,  licenses  for  ..... 

hunting,  trapping  and  fishing  licenses       ..... 


Chap. 


442 


476 


25 


92 
634 


65 


Item  or 
Section. 


1-4 


1.2 

1-3 
1,2 


260 

685  1,  Subs.  65 

685  1,  Subs.  57 

336  2 


402 


5-8 


704 
729 

696 

620 

81 
619 


683 
710 
607 

483 
417 

553 

514 

374 
132 
643 

625 
626 
661 
699 


3 
13 

2,  Subs.  60B, 

60D,  60H 

3,  Subs.  74A, 

76;  7,8 

1,2 


2820-07 
1 
1 

3 
2,3 

1-4,  6-8 

2 


2,4 

1 

13 

1 

2,  Subs.  8,  9 


1468 


Index. 


Chap. 

539 
629 

693 

729 
r419 
\683 

306 
691 

620  { 

598 
209 
583 

380 

499 


FEES  —  Conchided. 

industrial  homework,  employcra'  permits,  renewal  of 

infants,  boarding  houses  for,  licenses  of    . 

insurance  agents,  brokers  and  adjusters  of  fire  losses,  re-cxamina- 

tion  and  licenses  of       ......  . 

meals,  serving  of,  to  public,  certificate  required  in  connection 

with  .......... 

medical  examiners,  of,  appropriations       ..... 

medical    service    corporations,    filing    with    state    secretary    of 

articles  of  organization  of  certain  .... 

milk  dealers,  licenses  of  ....... 

nurses,  registration  of,  for,  further  regulated     .... 

shellfish,  permits  and  certificates  for  dealing  in,  etc. 

taxes,  local,  records  of  abatements  of,  copies  of  .  .  ., 

trade  schools,  private,  licenses  for    ...... 

water  rates  and  charges,  unpaid,  certain  statements  as  to,  prep- 
aration by  municipal  water  department  officers 
witnesses,  inquests  in  cases  of  death  involving  motor  vehicles 
carrjnng  passengers  for  hire,  at,  may  be  refused  certain 
Felonies,  offences  which  are,  pardons  of,  terms  and  conditions  upon 
which   they   may    be   granted,    prescription   by   general 
court,    proposed  amendment    to   constitution   providing 
for     .......... 

Felony,   persons  convicted  for  third  time  of,  sentencing  to  state 

prison,  etc.,  investigation  relative  to       .  .        Resolve       48 

appropriation    .  .  .  .  .  .  .  .  .     683 

Females  (see  Women). 

Fernald,  Walter  E.,  state  school,  appropriations  .  .  .     419  | 

Ferrets,  etc.  (see  Game  and  inland  fisheries). 

Fictitious  payees,  instruments  payable  to  order  of,  relative  to        .     215 

Fidelity  bonds  (see  Bonds). 

Fiduciaries,   common  trust  funds,  collective  investments  in,  by, 

relative  to  ........     474 

compensation  of  certain,  apportionment  of,  as  between  principal 

and  income  ........       36 

income  received  by,  taxation  of       .....  .     331 

See  also  Executors  and  administrators. 
Fifty   Associates,    charter  amended   with   respect  to   establishing 
board    of    directors,    annual    meetings    of    stockholders, 
adoption  of  by-laws,  etc.       ......     150 

Finance,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 
Finance,  administration  and,  commission  on  (see  Administra- 
tion and  finance,  commission  on). 
Finance  board,  emergency  (see  Emergency  finance  board). 
Financing,   installment  payments,  of,  under  contracts  for  goods, 
services  or  insurance  in  certain  cases      .... 

Finger  prints,  prisoners,  of,  further  provision  for 
Firearms,  carrying  of,  motor  vehicles  in,  in  areas  used  for  hunting, 
penalized    ......... 

while  intoxicated,  in  places  where  hunting  is  permitted,  pen- 
alty for  .  .  .  .  ... 

parades  with,  by  Sons  of  Union  Veterans  of  the  Civil  War  and 
by  The  Society  of  the  War  of  1812  in  the  Commonwealth 
of  Massachusetts  (Incorporated)   .....     217 

See  also  Shotguns. 
FIRE   DEPARTMENTS: 

in  general,  auxiliary  fire  departments,  borrowing  of  money  for, 

in  time  of  war  or  national  emergency     ....     487 

call  firemen,  retirement  of  .  .  .  .  .  .  .     670  \ 

chiefs  of,  fires  in  open  air,  setting  of,  permits  for,  by     _  •         _.     581 

civil  service  commission  and  director  of  civil  service,  investi- 
gating powers  of,  to  extend  to        .  .  .•      .  .•  •     ^^^ 

hours  of  duty  of  permanent  members  of,  in  certain  cities  and 

towns,  further  regulated        ......     638 

promotion  from  the  reserve  to  the  regular  fire  force  in  cer- 
tain cities,  further  regulated  .....       38 


Item  or 
Section. 


17,  Subs.  3 
0505-01 
0505-01 

Subs.  2 

2,  Subs.  9 

3,  Subs.  74, 

76;  11 

1,  Subs.  83 

2,  Subs.  21B 

4 


Page  1226 


0217 

1724-00  to 
1724-23 


1.2 


158 
69 

1-3 

599 

2,  Subs.  98 

159 

1.2 

1-3 

10,  15,  19, 
20,  25 


224 

1.  2 

582 

1-3 

679 

1.  2 

354 

1.2 

Index.  1469 

Item  or 
Chap.  Section. 

FIRE  BETAS.TMENTS  —  Concluded. 
in  general  —  Concluded. 

reserve  fire  force,  age,  maximum,  for  appointments  to  regular 

force  in  certain  cities,  from  .  .  .  .  .  . .     38 

promotion  from,  to  regular  force  in  certain  cities,  certifica- 
tion of  names  for,  further  regulated        .  .  .  .38 

retirement  systems,  contributory,  in  certain  towns  under  ten 

thousand  population,  as  affecting  members  of  .  .     377 

service  in  any  part  of  commonwealth  after  proclamation  by 

governor  setting  forth  a  state  of  emergency,  relative  to     719  6 

volunteer,  unpaid  auxiliary,  appointment  of,  etc.,  in  cities  and 

towns  for  civilian  defense  purposes        .  .  .  .719  5 

Fall  River,  chief  of  department,  office  placed  under  civil  service 
laws  .......... 

Leominster,  call  members  of,  retirement  of  certain    . 
Lowell,  chief  of  department,  office  placed  under  civil  service  laws 
Newton,  retirement  allowances  of  members  of,  relative  to  . 
Fire  districts  (see  Districts). 
Fire  hose  (see  Linen  fire  hose  weaving). 
Fire  insurance  (see  Insurance). 
Fire  losses,  adjustment  of,  relative  to  .  .  .  .  .  .     703 

See  also  Adjuster  of  fire  losses. 
Fire  marshal,  state  (see  Public  safety,  department  of). 
Firemen  (see  Fire  departments). 
Firemen,  engineers  and  hoisting  machine  operators,  licenses 

for,  annual  renewal  of,  relative  to  ....     525  1,  2 

Firemen's  relief,  commissioners  on,  appropriations   .  .     419  <  0002-02 

Firemen's,  Veteran,  Muster  Day,  annual  observance  of  387 

Fire  prevention,  division  of  (see  Public  safety,  department  of). 
FIRES   AND  kFIREi  PREVENTION   AND^PROTECTION: 

auxiliary  fire  departments,  borrowing  of  money  for,  in  time  of 

war  or  national  emergency    ......     487  1-3 

fire  patrol,  appropriations       .......<  yon  1002-16 

fires  in  open  air,  setting  of,  further  regulated    ....     581 

forest  fire  weather,  forecasting  of,  and  relative  to  forest  patrols  .     688  1-3 

forest  fires,  closing  of  woodlands  for  prevention  of,  authorized    .     599        2,  Subs.  57 

extingmshment  of,  expenses,  etc.,  state  aid  to  towns  for,  ap-  /419  1002-11 

propriations .  1 683  1002-11 

two-way  radio  equipment  in  forest  fire  radio  communication 

system,  purchase,  etc.,  of,  appropriation  .  .  .     730  1002-53 

Haverhill,  city  of,  information  concerning  setting  of  recent  fires 

in,  reward  for,  authorized     .  .  .  .  .  .67  1,  2 

Fire  warden,  state  (see  Conservation,  department  of). 

First  Narrow  Gauge  Trust,  certain  real  estate  in  Winthrop  owned 

by,  acquisition  of,  etc.,  by  said  town      .  .  .  .      101  .1-3 

Fiscal  year,  state,  allotment  periods,  so  called,  in,  providing  for  564  1,  2 

changed,  and  making  certain  changes  in  general  statutes  neces-  f  509  1-9 

si tated  thereby \  656  1-17 

FISH   AND   FISHERIES: 

inland  (see  Game  and  inland  fisheries). 

marine,  act  amending  laws  relative  to    .  .  .  .  .     598  1-9 

annual  reports  of  catches    .......     598        1,  Subs.  33 

Atlantic  seaboard,  along,  compact  relative  to  better  utilization 
of,  between  commonwealth  and  certain  other  states, 
approval,  ratification,  carrying  out  of  provisions  thereof, 

etc 489  1-5 

appropriation       .... 

bass,  striped,  legal  lengths  for  taking  of 

protection  of         ...  . 

clams,  taking  of  ...  . 

coastal  wardens  and  fish  inspectors,  appointment,  etc. 

commercial  fishing  industry,  act  requiring  department  of  agri- 
culture to  aid  in  promotion  and  development  of,  repealed     598  4 

f  1.  Suba. 

crabs,  taking,  sale,  etc.,  of            ......     598]  37-41,43, 

[  45,  46 

definitions  and  rules  of  construction      .....     598    1,  Subs.  1,  84 

eels,  taking  of    ........          .     598  1,  Subs.  52 

explosives,  taking  of  fish  by  use  of,  prohibited        .          .          .     598  1,  Subs.  23 


683  1004-90 

598      1,  Subs.  100 
421  1-3 

698  l,Subs.  52,  69 
cQu  /  6,  Subs. 

^^^  \  8B,  8C 


1470 


Index. 


FISH  AND  FISHERIES  —  Concluded. 
maxine  —  Concluded. 

fishways  for  anadromous  fish,  maintenance  of,  etc. 

food  fish,  grading,  sale,  etc.,  of,  regulated      .  .  .  . 

herring  and  alewives,  provisions  relating  to  . 

taking  of  certain,  from  waters  of  Plymouth  harbor,  Kingston 
bay,  Duxbury  bay  and  certain  waters  of  Plymouth  bay, 
prohibited 
inspection,  storage,  etc.,  of  fish    . 
legal  lengths  for  taking  of  certain  fish 
licenses  and  permits,  commercial 
general  provisions  relative  to    . 
lobsters,  purchasing  of,  expenses  of,  appropriation 

taking,  sale,  etc.,  of  ......  . 

Lord's    Day,    transportation    of    fish,    marketing    and    other 
practices   of    fish   industry    on,    investigation   relative 
to  .  .  .  .  .  .  .  .        Resolve 

appropriation      ..... 

miscellaneous  provisions  relative  to 

pollock  and  mackerel,  legal  lengths  for  taking  of 
pollution  of  coastal  waters,  prohibited,  when,  etc 
powers  and  duties,  miscellaneous,  of  director,  coastal  wardens 
etc.    ...... 

quahaugs,  taking,  sale,  etc.,  of     . 

riparian  proprietors,  rights  of,  etc. 

salmon,  Atlantic,  legal  lengths  for  taking  of 

scallops,  taking,  sale,  etc.,  of 

seals,  bounties  on        ...  . 

shad,  legal  lengths  for  taking  of  . 

shellfish,  commercial  permits  and  certificates  for  dealing  in,  etc 


enforcement  of  certain  laws  relative  to,  appropriations 


lobsters  (see,  supra,  lobsters). 

state  aid  to  coastal  cities  and  towns  in  conserving  and  in- 
creasing supply  of,  appropriations 

taking,  etc.,  of         .  .  . 

shellfish  constables,  designation  of 
smelt,  taking  of,  etc. 
squiteague,  legal  lengths  for  taking  of 
starfish  or  winkles,  disposal  of 

statistical  information  relative  to,  providing  for 

swordfish,  importation  of,  etc. 

weirs,  nets,  seines,  trawls  and  traps,  regulation  of 
Fisheries  and  game,  division  of  (see  Conservation,  department  of). 
Fitchburg,  city  of  (see  Cities  and  towns). 

state  teachers  college,  appropriations        ..... 

Flags,  United  States  and  Massachusetts,  of,  inscriptions  on,  rela- 
tive to         ........  . 

Flats,   pollution  and  contamination  of,  prevention  by  department 
of  public  health  ........ 

Floats,  so  called,  fi.shing  by  use  of,  prohibited       .... 

FLOOD    CONTROL: 

Shawsheen  river,  construction  of  dikes  and  pumping  equipment 

at,  for  purposes  of,  survey  as  to     .  .  .        Resolve 

Florida,  state  of,  marine  fisheries  along  Atlantic  seaboard,  compact 

relative  to,  between  commonwealth  and,  etc.,  approval, 

ratification,  etc.  ........ 

FOOD: 

drugs,   and,  inspection  in  department  of  public  health,  appro- 
priations    ......... 

fish,  etc.,  transportation  of,  on  Lord's  Day,  investigation  rela- 
tive to         ......  .        Resolve 

appropriation  ........ 

See  also  Fish  and  fisheries. 


Chap. 


Item  or 
Section. 


598        1,  Subs.  19 
598  1,  Subs.  84-92 

1,  Subs. 

93-97A 


598' 


172 
598 


1,  Subs.  97A 


598  1,  Subs.  84-92 
598  1,  Subs.  100 
598  1,  Subs.  80-83 
598  1,  Subs.  2-4 
419  1004-83 

1,  Subs. 
37-39,41-51 


598 


67 
683 

598' 

598 
598  1 

598 
598  1 
598 
598 

598 1 

598 
598 
598  1 


419 
683 


0223 

1,  Subs. 

98-104;  2-8 

1,  Subs.  100 

,  Subs.  22-27 

1-6 

,  Subs.  69,  91 

1,  Subs.  28 

1,  Subs.  100 

1,  Subs. 

70-73, 91,  92 

1,  Suba.  101 

1,  Subs.  100 

,  Subs.  80-83 

1004-81, 

1004-82, 

2013-01, 

2013-02 

1004-81 


419 

683 

598  1, 

598 

598  1, 

598 

598 

598  { 

598 
598  1, 


419 


117 


388 
599 


35 

489 

419 

67 
683 


1004-84 

1004-84 

Subs.  52-83 

1,  Subs.  98 
Subs.  34-36 
1,  Subs.  100 
1,  Subs.  103 
1,  Subs.  21; 
6,  Subs.  8D 

1,  Subs.  87 
Subs.  29-32 


1308-00  to 
1308-32 

1.2 
2,  Subs.  46 


1-5 

2012-01, 
2012-02 


0223 


Index. 


1471 


FOOD  —  Concluded. 

served  to  public,  excise  on  charges  for  certain,  imposition  of, 
to  be  used  for  old  age  assistance  fund    .... 

weighing  of,  sold  at  retail  by  weight,  scales,  etc.,  used  in,  loca- 
tion of         ........  . 

See  also  Federal  emergency  laws.  Surplus  Commodity  Stamp 
Plan,  so  called. 
Ford  Building  property,  Boston,  in,  acquisition  of  by  common- 
wealth        ......... 

appropriations  ......... 

Foreclosure,  real  estate  mortgages,  of,  in  which  soldiers  or  sailors 
may  be  interested,  judicial  determination  of  rights  to 
exercise  powers  of  sale  for     ...... 

tax  titles,  of,  proceedings  in  land  court  for,  relative  to 

recovery  of  possession  of  land   after,   remedy  of  summary 
process  for  possession  of  land  extended  so  as  to  permit 
Foreign  corporations  (see  Corporations). 
Foreigners  (see  Aliens). 

Foreign  insvirance  companies  (see  Insurance  companies). 
Forester,  state  (see  Conservation,  department  of) . 
Forest  fires  (see  Forests  and  forestry). 
Forestry,  division  of  (see  Conservation,  department  of). 
FORESTS   AND   FORESTRY: 

Dukes  county,  county  forest  in,  establishment  of      . 

fire  patrol,  appropriations       ....... 

fires,  closing  of  woodlands  for  prevention  of,  authorized 

extinguishment  of,  expenses,  etc.,  state  aid  to  towns  for,  ap- 
propriation ........ 

two-way  radio  equipment  in  forest  fire  radio  communication 
system,  purchase,  etc.,  of,  appropriation 
forest  fire  weather,  forecasting  of,  and  relative  to  forest  patrols 
forest  lands  and  forest  products,  classification  and  taxation  of    . 
forest  wardens,  fires  in  open  air,  setting  of,  permits  for,  by 
forestry  practices,  demonstrations  in,  to  encourage  rehabilitation 
of  forest  lands,  providing  for  ..... 

state  advisory  forest  committee  and  regional  committees,  crea- 
tion of         ........  . 

appropriation  ........ 

state  forests.  Civilian  Conservation  Corps,  operations  of,  in, 
payment  by  commonwealth  to  United  States  of  portion 
of  proceeds  of  sales  of  products  resulting  from 
development  of,  appropriation     ...... 

employees,  certain,  of  department  of  conservation  given  cer- 
tain powers  of  constables  and  police  officers  within 
Lowell-Dracut  state  forest,  acquisition  and  improvement  of 
certain  property  in  town  of  Dracut  as  addition  to,  pro- 
viding for  ......... 

Mohawk  Trail  state  forest,  purchase  by  commissioner  of  con- 
servation of  certain  land  in  town  of  Charlemont  as  an 
addition  to       .......  . 

appropriation      ........ 

recreational  opportunities  in,  development  of,  appropriation  . 
Shawme  state  forest,  portion  of,  placing  under  jurisdiction  of 

special  military  reservation  commission 
Spencer,  leasing  to  United  States  for  national  defense  purposes 
of  certain  property  within  limits  of         ...  . 

United  States,  use  by,  for  national  defense  purposes  of  certain 
areas  in      ........  . 

Warwick,  leasing  to  United  States  for  national  defense  pur- 
poses of  certain  property  within  limits  of        .  .  . 
Forest  wardens  (see  Forests  and  forestry). 
Forfeiture,  cigarettes,  etc.,  of,  under  cigarette  tax  law    . 
Fort  Devens,  sewerage  system,  connection  of  sewers  and  drains  to, 
by  town  of  Ayer            ....... 

Forty-eight  hour  law,  so  called,  women  and  children,  for,  certain 
provisions  of,  hospital  positions  exempted  from 
seasonal  employments  exempted  from  ..... 

Fozborough  state  hospital,  appropriations  .... 


Chap. 

Item  or 
Section. 

729 

17 

60 

478 
571 

683 

1,2 
0416-05, 
0416-14, 
0416-34 

25 
319 

1,2 

1-4 

242 


1,2 


87 

/419 

1730 

599 

1002-14 

1002-16 

2,  Subs.  57 

419 

1002-11 

730 
688 
652 
581 

1002-53 
1-3 
1,2 

455 

544 
683 

1-4 

1002-52 

94 

419 

fl71 

1722 

1002-21 
11 

665 


501 
683 
419 

1002-51 
4013 

5 

1-3 

63 

393 

63 

417 

8 

255 

9 

610 
574 

419/ 

683 

1-3 

1713-00  to 
1713-23 
1713-00 

1472 


Index. 


Foxes  (see  Game  and  inland  fisheries). 
Framingham,  state  teachers  college,  appropriations 

town  of  (see  Cities  and  towns). 
FRANKLIN   COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

cities  and  towns  in,  payment  by,  of  part  of  cost  of  construction 
of  central  heating  plant  at  Hampshire  county  sanatorium 
of  part  of  cost  of  installation  of  sprinkler  system  at  Hamp- 
shire county  sanatorium        ...... 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 
area  in        ........  . 

Montague  City  bridge,  so  called,  construction  of,  contribution 
to  cost  of,  borrowing  of  money  for,  by  . 

tax  levy        .  .  .  . 

Franklin,  town  of  (see  Cities  and  towns). 

Union,  name  changed  to  Franklin  Technical  Institute 
Fraternal  benefit  societies,  execution,  exemption  of  benefits  from, 
law  providing  for,  not  applicable  to  indebtedness  charged 
against  member's  certificate  for  loans  granted 

funeral  expenses,  payment  by  .....  . 

insurance  companies,  contracts  with,  by  certain,  for  payment 
of  benefits  ........ 

investments  by,  in  shares  of  federal  savings  and  loan  associations 
and  of  co-operative  banks     ...... 

juvenile  members  of,  insurance  on  lives  of         ...  . 

limited,  certain,  memberships  and  funds  of,  transfer  to  similar 
societies      ......... 

loans  by,  outstanding,  amount  of,  deduction  from  amount  pay- 
able under  benefit  certificates         ..... 

lodge  system,  on,  conventions  of,  stenographic  reports  of  pro- 
ceedings of  certain,  to  be  filed  in  home  office 
reading  at,  of  latest  report  of  examination  made  by  com- 
missioner of  insurance  and  filing  of  such  reports  in  home 
office  ......... 

medical  service  corporations,  certain  provisions  of  law  relating 
to,  not  to  affect  operations  or  activities  of       .  .  . 

merger  or  transfer  of  memberships  or  funds  of  certain 

payments,  certain,  information  as  to,  furnishing  to  boards  of 
public  welfare      ........ 

supreme  judicial  and  superior  courts,  concurrent  jurisdiction  of, 
exclusion  from,  of  cases  relating  to  .  ... 

Fraud,  property,  certain,  disposed  of  by  will  in  cases  of,  investiga- 
tion relative  to,  by  judicial  council  .  .        Resolve 
Fred  Dinsfriend  square,  square  at  intersection  of  Beach  road  and 
Shore  drive  in  town  of  Winthrop  designated  as 

Free  employment  offices,  appropriations    ..... 

Freetown,  town  of  (see  Cities  and  towns). 

Freight,  carriers  of  (see  Carriers). 

French  Sharp  Shooters  of  New  Bedford,  Mass.,  Club  of  the, 

two    lodges    with    representative    form    of    government, 
maintenance  by,  authorized  ..... 

Fuel,  motor  vehicles,  used  in  propelling,  excise  tax  on  sales  of  (see 
Gasoline  tax). 
See  also  Gasoline. 
ugitives  from  justice,  arrest  of,  expenses  incurred  in,  appropria- 
tions ......... 

Fuller,  Ruth  S.,  acts  as  a  notary  public  validated  .        Resolve 

Funeral  directing,  embalming  and,  board  of  registration  in  (see 
Civil  service  and  registration,  department  of). 

Funeral  directors,  employment  of  embalmcrs  by,  power  of  board 
of  registration  in  embalming  and  funeral  directing  to 
regulate,  limited  ....... 

Funeral  expenses,  fraternal  benefit  societies,  payment  by 

Funerals,  workmen's  compensation  law,  amount  of  payment  under, 
of  expenses  of,  further  regulated    ..... 

Fur-bearing  animals  (see  Game  and  inland  fisheries). 

Furniture,  upholstered,  sale  within  commonwealth  of,  manufac- 
tured outside  commonwealth,  certain  provisions  of  law 
relative  to,  repealed     .  .  .  .  .  .  . 

reimbursement  for  fees  paid  for  permits  under  said  provisions 
of  law,  appropriation   ....... 


Chap. 

Item  or 
Section. 

419  / 

1309-00. 
1309-21 

528 

1 

303 

1-3 

302 

1-3 

47 

371 
528 

1,2 

1 

212 


1,2 


336 
336 

4 
3 

397 

336 
322 

2 

274 

336 

4 

336 

1 

336 
306 
334 
310 

6 

Subs.  16 
Subs.  17 

608 
180 


18 


527 

1,2 

419 

1607-O1 

683 

1607-01 

250 


419 

683 

9 


232 
336 


495 


57 
683 


0401-28 
Page  971 


2820-07 


Index. 


1473 


Furs,  imitation  furs  and  articles  made  therefrom,  marking  or  label- 
ling of,  required,  and  misrepresentation  in  such  marks  or 
labels  prohibited  ....... 


Chap. 


422 


Item  or 

Section. 


G. 

Gaetano  Bruno  Juvenile  Mutual  Relief  Association  of  Ariano, 

Inc.,  loans  to  members,  authorized         .... 

Gambling   (see  Horse  and  dog  racing  meetings  conducted  under 

pari-mutuel  system  of  wagering). 
GAME   AND   INLAND   FISHERIES: 

in  general,  act  revising  and  codifying  laws  relative  to       . 
conservation  officers,  compensation,  expenses,  etc.,  appropria- 
tions ......... 

definitions  and  rules  of  construction     ..... 
enforcement  of  laws  relative  to    . 


287 


599 

1 419 

/599 
\663 

599 

licenses  and  permits,  clubs  and  associations,  members  of,  for     599 
complimentary,  issuance  to  certain  officials  of  certain  other 

states  .........     599 


fees        ...... 

general  provisions  relative  to    . 

land  proprietors,  for 

military  or  naval  service,  persons  in,  for 

minors,  not  to  be  issued  to 

non-residents,  for    .... 

taxidermists,  for      .... 

miscellaneous  provisions 

penalties  where  no  specific  penalty  is  prescribed     . 
posted  land,  hunting,  trapping  or  fishing  on,  penalized   . 

propagation  of  fish  and  game,  properties  used  for,  regulations  \ 
aa  to,  etc.  .  .  .  .  .  .  .  .  .  J 

protected  fish,  birds  and  mammals,  dead  or  living  bodies  of,  'I 
dealing  in  or  trading  with  respect  to       .  .  .  .  j 

taxidermists,  licensing  of     . 

transportation,  sale,  purchase,  etc.,  of  fish,  birds  and  mammals 

birds  and  mammals: 

in  general,  aliens,  hunting  of,  by,  prohibited 

dealing  in  certain,  miscellaneous  provisions  relative  to 

highways,  state,  hunting  of,  on  or  near,  penalized 
hunting  of,  public  lands,  within  boundaries  of  certain 

while  intoxicated,  penalized 

poison,  use  of,  in  killing  certain 

shooting  grounds,  public,  acquisition  of,  etc. 

Sundays,  hunting  or  trapping  on,  of 

wild  life  sanctuaries  for  protection  of 

birds: 

chickadee  (penthestes  atricapillua)   designated  as  the  state 

bird   ........ 

English  sparrows  and  starlings,  extermination  of 
gunning  stands  or  blinds  used  for  taking  of  certain,  regis- 
tration of    . 
hunting  of,  certain,  penalized  . 

ruffed  grouse,  quail  or  pheasants  . 

traps,  snares  or  artificial  lights,  use  of,  in,  penalized 

waterfowl,  certain 

woodcock   ..... 
migratory,   reservations  for,   establishment  of,   by   United 

States  .  .  .  .  .  .  . 

Nantucket,  town  of,  appointment  by,  of  special  officer  for 

protection  of  birds  on  island  of  Muskeget,  repeal  portion 

of  law  relative  to  ......  . 

ornithology,  persons  and  institutions  engaged  in  study  of, 

taking  of,  by        . 


599 
599 
599 
599 
599 
599 
599 

599 

599 
599 

(•599 


599 
599 
599 


1-7 

1004-11, 

1004-12 

2,  Subs.  1 

1-3 

2,  Subs. 

18-24;  3 

2,  Subs.  8,  9 

2,  Subs.  10 
2,  Subs.  8,  9 

2,  Subs.  6-16 
2,  Subs.  5,  8 
2,  Subs.  8 
2,  Subs.  7-9 
2,  Subs.  8,  9 
2,  Subs.  104 

f  2,  Subs. 

\  114-118:3-6 
2,  Subs.  113 
2,  Subs.  100 

f    2,  Subs. 
25-27,  90, 

I   91,  94-97 

/2,  Subs.  101, 

\    105-108 
2,  Subs.  104 

r   2,  Subs.  1. 

\  15, 102-104 


599  2,  Subs.  51,62 
599^  2,  Subs. 


101-103,  107 
2,  Subs.  85 
2,  Subs.  89 
1,2 
2,  Subs.  117 
2,  Subs.  87 
599  2,  Subs.  92,  93 
2,  Subs.  68 
2,  Subs.  90, 
94-96 


599 
599 
159 
599 
599 


599 
599 


121 
599 


2,  Subs.  99 

2,  Subs.  110 
2,  Subs.  65 
599  2,  Subs.  59-61 
599 
599 
599 


699 
599 


2,  Subs.  86 
2,  Subs.  63 
2,  Subs.  62 


599    2.  Subs.  97 


26 
699  2,  Subs.  53,  54 


1474 


Index. 


GAME    AND    INLAND    FISHERIES  —  Concluded. 
birds  and  mammals  —  Concluded. 
birds  —  Concluded. 

pigeons,  homing,  interference  with,  prohibited    . 
possession  of  certain,  penalized  ..... 

propagation,  appropriations      ...... 

mammals: 

deer,  chasing  of,  by  dogs,  penalized  .... 

damages  caused  bj',  payment  of    . 

appropriation  ........ 

hunting  of  ........ 

unlawful,  possession  of  shotguns  and  shotgun  shells  as 

constituting  prima  facie  evidence  of,  etc. 
violation  of  law  regulating,  prima  facie  evidence  of,  etc. 
ferrets,  etc.,  use  of,  in  hunting,  prohibited 
foxes,  huntingof,  special  licenses  for,  for  non-resident  members 
and  guests  of  clubs  or  associations  conducting  fox  hunts    . 

hares  or  rabbits,  hunting  or  trapping  of     . 

hunting,  trapping  or  possession  of  certain,  restricted  . 

moose,  damages  caused  by,  payment  of     . 

appropriation  ....... 

hunting  of,  penalized    ....... 

motor  vehicles,  hunting  of,  by,  prohibited 

skins  or  pelts  of  certain,  dealing  in,  etc.,  miscellaneous  pro- 
visions relative  to         .  .  . 

squirrels,  gray,  hunting  or  trapping  of 

trapping  of,  regulations  as  to,  etc. 

wildcats,  etc.,  bounty  for  killing  of   . 
fish  and  fishing: 

bag  limits  and  legal  lengths  of  fish 
bait,  catching  of,  use  of  traps  for,  authorized  anrl  regulated     . 
discharge  of  refuse  into  inland  waters,  prohibited,  when  in- 
jurious to,  etc.     ........ 

explosives,  taking  of  fish  by  use  of,  prohibited 

fish  hatcheries,  maintenance,  appropriations 


fishways,  anadromous  fish,  for,  maintenance  of,  etc. 

construction,  etc.,  of  certain,  appropriation 
floats,  so  called,  fishing  by,  prohibited  .... 

open  seasons      ......... 

ponds,  great,  defined,  etc.   ....... 

situated  partly  in  commonwealth  and  partly  in  another 
state,  fishing  in,  regulated,  etc.      ..... 

powers    and    duties,    miscellaneous,    of    director,    supervisor, 
wardens,  etc.        ........ 

public  fishing  grounds,  acquisition  of,  etc.     .... 

riparian  proprietors,  rights,  etc.,  of       ....  . 

sale  of  certain  fish  prohibited       ...... 

stocking  of  ponds,  streams,  etc.   ...... 

taking  of  fish  from  Big  Homers  pond  in  town  of  West  Tisbury, 
except  by  fly  fishing,  penalized      ..... 

traps,  nets,  seines,  etc.,  use  of,  regulated        .... 

Game,  fisheries  and,  division  of  (see  Conservation,  department  of). 

Garages,  public,  removal  to,  of  vehicles  interfering  with  removal 

of  snow  and  ice  from  ways    ...... 

Gardner,  city  of  (see  Cities  and  towns). 


Chap. 


599 
599 


419 
683 


Item  or 
Section. 


2,  Subs.  56 
2,  Subs.  55 
1004-31, 
1004-32. 
1004^3 
1004-^3 


599  2,  Subs.  88 

599  2.  Subs.  83 

419  1004-35 

599  2.  Subs.  78-82 

175 

599  2,  Subs.  78 

599  2,  Subs.  66 


599 

599  I 

599 
599 
419 
599 
599 


2,  Subs.  9 

2,  Subs. 

65-67,  69,  70 

2,  Subs.  68 

2,  Subs.  83 

1004-35 

2,  Subs.  84 

2,  Subs.  78 


599  2,  Subs.  103 
599  2,  Subs.  64 
.„„/  2,  Subs.  64. 
599  I  67_7o,  72-78 
599      2,  Subs.  109 


599 
599 

599 
599 

419 

683 

599  • 

419 
599 
599 


2,  Subs.  45 
2,  Subs.  48 

Subs.  28,  29 

2,  Subs.  29 

1004-31. 

1004-32, 

1004-43 

1004-43 

2,  Subs. 

30-33,  39 

1004-46 

2,  Subs.  46 

2,  Subs.  45 


599    2,  Subs.  1,  34 

599        2,  Subs.  37 

599  2,  Subs.  1-50 
599  2,  Subs.  14 
coo  /  2,  Subs.  5,  6. 
^^^  1  8,  14,  35,  39 


599 

599 

157 


2,  Subs.  44 
2,  Subs. 
14,26;  4 


1,2 

t;QQ  /  2,  Subs, 

oyy  \  40-42,  48,  49 


state  hospital,  appropriations 

GAS   AND   ELECTRIC    COMPANIES: 

contracts,  certain,  of,  relative  to      . 

securities  of,  investments  by  savings  banks  in  j 


346 

419  { 
730 

400 
413 


1714-00  to 
1714-22 
1714-23 

1.  2 
6 


Index. 


1475 


GAS  AND  ELECTRIC  COMPANIES  —  Concluded. 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
See  also  Boston  Consolidated  Gas  Company;  Dedham  and  Hyde 
Park  Gas  and  Electric  Light  Company. 
Gasoline,  keeping,  storage,  etc.,  of,  buildings  and  other  structures 
for,  erection  and  use  of,  filing  of  certain  certificates  and 
payment  of  certain  fees  in  connection  with,  penalty  for 
failure  ......... 

motor  fuel  sales  act,  so  called,  administration  of,  appropriations 

sale  of,  further  regulated       ....... 

tax,  additional,  time  during  which  effective  further  extended 
See  also  Highway  Fund. 
Gay  Head,  town  of  (see  Cities  and  towns). 

General  Clarence  R.  Edwards  Memorial  Bridge,  Springfield,  city 
of,  in,  retrocession  of  jurisdiction  by  United  States  over, 
act  accepting       ........ 

GENERAL    COURT: 

in  general,  acts  and  resolves,  number  passed  by      . 

annual  sessions  of,  proposed  amendment  to  constitution 
restoring     ......... 

appropriations  by  (see  Appropriations;   State  finance). 

bills  and  resolves  passed  to  be  engrossed  by,  engrossment  of  . 

Boston  Elevated  Railway  Company,  bonds  of,  purchased  by 
Boston  metropolitan  district  not  to  be  disposed  of  with- 
out authority  of  .  .  .  .  .  .  . 

Boston  zoning  law,  so  called,  certain  reports  under,  to  . 

bridge.  General  Clarence  R.  Edwards  Memorial,  in  city  of 
Springfield,  act  of  congress  granting  retrocession  of  juris- 
diction over,  acceptance  by  ..... 

bulletin  of  committee  hearings,  appropriations        .  .  .  < 

candidates  for  nomination  by  a  political  party  for  senator  or 
representative  to,  required  to  be  certified  as  enrolled  mem- 
bers of  such  party  or  as  unenrolled         .... 

Center  pond  in  town  of  Becket,  right  of  way  to,  discontinu- 
ance only  by  authority  from  ..... 

chaplains,  appropriation      ....... 

clerks,  clerical  assistance  for,  employment  of  .  .  . 

manual  for  general   court,  increase  of  allotment  to  state 

library  of,  by       . 
See  also,  infra,  house  of  representatives;  senate. 


committees,  expenses,  appropriations 


Chap. 


Item  or 
Section. 


contingent  expenses,  appropriations 


counsel  to,  appropriations 


288 

419 

311 
330 


640 


347 


567 
373 


540 
419 
730 


675 

263 
419 
230 

329 


419  { 


683 


1601-53. 
1601-54 


congressional  districts,  joint  committee  to  recommend  new 
division  of  commonwealth  into,   clerical   and  other  ex- 
penses of,  appropriation        .  .  .  .  .  .419 

'419 


683 


419 


683 


laws,    certain,    consolidation    and    arrangement    of,    etc., 
appropriation      .  .  .  .  .  .  .  .419 

district  court  system  of  commonwealth,  joint  special  com- 
mittee to  investigate,  clerical  and  other  expenses  of,  ap- 
propriation ........     419 

doorkeepers  and  assistant  doorkeepers,  appropriations    .  .     419 


Pages  1234, 
1266 

Page  1231 


2 

19 


0102-04 
0102-04 


4 
0101-17 


0101-20  to 
0102-01, 
0102-06, 
0102-09, 
0102-17, 
0102-18, 
0211-00, 

0212-00 
0101-21, 
0102-01, 

0102-09 


0211-00 
0102-11 
0102-11 
0101-18, 
0101-19, 
0102-07, 
0102-10 
0101-18, 
0101-19, 
0102-10 

0102-16 


0212-00 

0101-11  to 

0101-13 


1476 


Index. 


GENERAL   COURT  —  Continued. 
in  general  —  Continued. 

Dorchester  Day  parade,  representation  at,  expenses  of,   ap- 
propriation ........ 

election  cases,  contested,  of,  from  1922  to  1941,  publication  of 

reports  of,  etc.,  providing  for         .  .  .        Resolve 

engrossment  of  bills  and  resolves  passed  to  be  engrossed  by    . 

Evacuation  Day  parade  at  South  Boston,  representation  at, 

expenses  of,  appropriation     ...... 

general  court  officers,  appropriations    ..... 

General  Insurance  Guaranty  Fund,  annual  statements  as  to, 
submission  to       .......  . 

hearings,  bulletins  of,  appropriations    ..... 

daily  list  of,  appropriations      ...... 

highways  and  motor  vehicles,  committee  on,  travel,  etc.,  cost 
of,  appropriation  ....... 

impeachment,  certain,  expenses  in  connection  with 

judiciary,  committee  on  the,  investigation  and  study  by,  rela- 
tive to  the  district  court  system  of  commonwealth,  in- 
cluding municipal  court  of  city  of  Boston        .        Resolve 

June  seventeenth  celebration  at  Charlestown,  representation 
at,  expenses  of,  appropriation         ..... 

legislative  document  room,  clerks,  appropriation    . 

legislative  system  and  procedure  of  commonwealth,  investiga- 
tion and  study  relative  to     .  .  .  .        Resolve 

manual  for,  allotment  of,  to  state  library,  increased 

printing  of,  appropriation  ...... 

members,  advances  to,  on  account  of  compensation  due,  change 

in  fiscal  year  of  commonwealth,  as  affecting    . 

allowance  to,  to  meet  expenses  incurred  by  them  as  such 

members  during  second  year  of  term  for  which  they  are 

elected        ......... 

compensation  of,  appropriations        ..... 

established  ........ 

payment  of,  relative  to 

confidential  records  relating  to  general  public  assistance,  in- 
spection of,  by    . 

distribution  to  certain,  of  copies  of  records  of  Massachusetts 
soldiers,  sailors  and  marines  in  the  civil  war   .        Resolve 

distribution  to  certain,  of  Tercentenary  Edition  of  General 
Laws  .......       Resolve 

district  courts,  records  of,  to  be  available  to       . 

penal  and  reformatory  institutions,  state,  certain,  visiting 
by 

portraits,  etc.,  of,  books  containing,  purchase  of,  appropria- 
tion  .......... 

military  emergency,  proclamation  of  governor  relative  to,  ap- 
proval by   ........  . 

municipal  finance,  committee  on,  senate  and  house  chairmen 
of,  taxes  on  publicly  held  property,  loss  of,  and  certain 
school    expenses,    reimbursement    of    mimicipalities    for, 
special  commission  to  investigate  as  to,  to  be  members 
of       .......  .        Resolve 

pages,  appropriation  ........ 

pardons,  annual  lists  concerning,  transmitted  by  governor  to, 
printing  of  .  .  .  .  . 

offences  which  are  felonies,  of,  terms  and  conditions  upon 
which  they  may  be  granted,  prescription  by,  proposed 
amendment  to  constitution  pro\'iding  for 

printing,  binding  and  paper,  appropriations 

prorogations  of,  statements  as  to 

public  welfare,  committee  on,  travel,  etc.,  cost  of,  appropria- 
tion  ........... 


Chap. 


730 

74 
347 

730 

419 


108 
419 
730 
419 
730 

419 
683 


92 


Item  or 
Section. 


0102-22 


0102-19 
0101-11, 
0101-13 

2 

0102-04 
0102-04 
0102-04 
0102-04 

2941-01 
0213  to  0215 


730 

0102- 

-20 

419 

0101- 

-15 

95 

329 

419 

0102- 

03 

656 

6, 

17 

307 

1 

419  1 

0101-01  to 
0101-04 

730  1 

0101-04  to 

0102 

-01 

307 

1 

307 

1,2 

600 

1.2 

630 

1 

15 

19 

682 

1 

237 

1 

419 

0102 

-13 

719 

11 

80 
419 


297 


419 
683 


419 


0101-14 


Page  1226 

0102-02; 

Page  477 

0102-02 

Pages  1236, 

1266 

0102-18 


Index. 


1477 


GENERAL    COURT  —  Concluded. 
in  general  —  Concluded. 

sergeant-at-arms,  salary,  clerical  assistance,  etc.,  appropria- 
tions ......... 

state  advisory  forest  committee,  report  by,  to        .  .  . 

stationery,  appropriations  ....... 

taxation,  committee  on,  senate  and  house  chairmen  of,  taxes 
on  publicly  held  property,  loss  of,  and  certain  school  ex- 
penses, reimbursement  of  municipalities  for,  special  com- 
mission to  investigate  as  to,  to  be  members  of       Resolve 

telephone  service,  appropriations  ..... 

traveling  expenses,  appropriations         .  .  . 

ways  and  means,  joint  committee  on,  travel,  etc.,  cost  of, 
appropriation       ....... 

witness  fees,  appropriation  ..... 

house  of  representatives,  board  of  managers  of,  appointed  to 
prosecute  certain  impeachment,  expenses  and  compen- 
sation of,  appropriation         .  .  .  .  _         . 

chamber  and  lobby,  etc.,  improvements  and  repairs  of,  pro- 
viding for  .......        Resolve 

appropriation  .  .  .  ... 

chamber  of,  heating  and  ventilating  system  of,  improvements 
in,  appropriation  ...... 

clerk  of,  appropriations       ...... 

clerical  assistance,  employment  by    .... 

General  Insurance  Guaranty  Fund,  annual  statements  as  to 
filing  with  ........ 

Dearborn,  Hiram  N.,  former  member  of  present,  widow  of, 
payment  by  commonwealth  of  compensation  to     Resolve 
Jones,  William  A.,  former  member  of  present,  widow  of,  pay- 
ment by  commonwealth  of  compensation  to   .        Resolve 
Roberts,  Charles  H.,  Jr.,  former  member  of  present,  widow  of, 
payment  by  commonwealth  of  compensation  to     Resolve 

senate,  clerk  of,  appropriations      ...... 

clerical  assistance,  employment  by    . 

expenses  of,  in  connection  with  certain  impeachment,  appro- 
priation      ......... 

members   of,    compensation    and    travel    of,    while   sitting   as 

court  of  impeachment,  appropriation    .... 

General  Insiirance  Guaranty  Fund  (see  Savings  bank  life  insurance) . 

General  Laws,  changes  in,  corrective,  certain         .... 

necessitated  by  abolition  of  prison  camp  and  hospital  at 
Rutland      ......... 

necessitated  by  change  in  fiscal  year  of  commonwealth  . 

necessitated  by  change  of  name  of  department  of  mental  dis- 
eases to  the  department  of  mental  health 

necessitated  by  change  of  name  of  State  Infirmary  to  Tewks- 
bury  State  Hospital     ....... 

necessitated  by  changes  in  names,  powers  and  duties  of  state 
departments,  etc.  ....... 

table  of     .........  . 

consolidation  and  arrangement  of  certain  chapters  and  sections 
of,  etc.,  appropriation  ...... 

Tercentenary  Edition,  distribution  of,  to  certain  members  of 
executive  council  and  of  general  court    .  .        Resolve 

General  Narrow  Gauge  Trust,  certain  real  estate  in  town  of  Win- 
throp  owned  by,  acquisition  of,  etc.,  by  said  town    . 

Geodetic  and  coastal  survey,  appropriations 


Chap. 


419 


683 
544 


419 


80 
419 
683 

419 

730 


419 
419 


683 


Item  or 
Section. 


0101-09  to 

0101-16, 

0102-11, 

0102-14 

0102-11 

3 

0102-05, 

0102-08; 

Page  477 


0102-12 
0102-12 
0101-02, 
0101-04 
0101-04  to 
0102-01 

0102-17 
0102-14 


0215 


51 
683 

0102-21 

683 
419 
230 

0416-26 
0101-05, 
0101-06, 

0101-08 

108 

2 

34 

78 

90 
419  1 
230 

0101-05, 
0101-06, 
0101-07 

083 

0214 

083 

0213 

722 

1-13 

344 
656 

1-28 
1-17 

194 

1-21 

351 

1-43 

490 

{ 

1-38 

Pages  1269- 

1286 

419 

0102-16 

19 

101 
419 
730 

1-3 

2923-14 
2923-14 

1478 


Index. 


Geodetic  Survey,  United  States  (see  United  States  Coast  and 
Geodetic  Survey). 

Georgia,  state  of,  marine  fisheries  along  Atlantic  seaboard,  com- 
pact relative  to,  between  commonwealth  and,  etc., 
approval,  ratification,  etc.     ...... 

Gillespie,  Mabel,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of    .        Resolve 

Ginsberg,  Gertrude  C,  acts  as  a  notary  public  validated       Resolve 

Girls,  industrial  school  for,  appropriations     ..... 

parole  of,  department  of  public  welfare,  appropriations 

See  also  Minors. 
Gloucester,  city  of  (see  Cities  and  towns). 

fish  pier,  so  called,  resurfacing  and  dredging  at  .  .  . 

appropriation  ........ 

Goods,  contracts  for,  installment  payments  under,  financing  of,  in 
certain  cases        ........ 

Gosnold,  town  of  (see  Cities  and  towns). 

Government,  federal,  state,  county,  city,  town  and  district,  co- 
related  functions  of,  investigation  relative  to  Resolve 
GOVERNOR: 

in  general,  architects,  board  of  registration  of,  annual  reports 
by,  to  .  .  .  . 

Boston  airport,  so  called,  improvements  made  by  city  of 
Boston  at,  written  determination  of  values  of,  submis- 
sion to        ......  .       Resolve 

budget  of,  appropriation  acts  based  on  .... 

restoration  of  annual,  proposed  legislative  amendment  to 
constitution  providing  for     ...... 

See  also  Appropriations. 

emergency  law,  certain  act  declared  to  be  an,  by  . 

emergency  war  powers  granted  to         ....  . 

engineers  and  land  surveyors,  professional,  board  of  registra- 
tion of,  annual  reports  by,  to         ....  . 

governor's  committee  on  public  safety  (see  Governor's  com- 
mittee on  public  safety). 

oflSce  of,  allotment  of  appropriations,  act  providing  for,  not 
to  apply  to  ........ 

pardons,  annual  lists  concerning,  transmitted  to  general  court 
by,  printing  of     .......  . 


salary  and  expenses,  appropriations 


state  police  officers,  special  certain,  appointed  bj',  powers  of, 
to  serve  warrants  issued  by  ..... 

vetoes  by  .......... 

appointments    by,    administrative    court,    establishment    of, 
special  commission  to  investigate  as  to,   five  members 
of       .......  .        Resolve 

alcoholic  beverages  and  common  victuallers,  laws  relating  to, 
special  commission  to  investigate  and  study,  two  members 
of       .......  .        Resolve 

architects,  board  of  registration  of,  members  of     . 

Atlantic  States  Marine  Fisheries  Commission,  three  members 
of 

barbers,  board  of  registration  of,  qualifications  of  members 

Boston  Consolidated  Gas  Company,  lease  by  city  of  Boston 
to,  of  certain  property  of  Dedham  and  Hyde  Park  Gas 
and  Electric  Light  Company,  board  to  make  inventory, 
etc.,  in  connection  with,  tliird  member  of,  if,  etc. 

civil  service  laws,  rules  and  regulations,  special  commission  to 
investigate  relative  to,  three  members  of  Resolve 

criminal  laws  and  new  penal  code,  etc.,  special  commission  to 
investigate  as  to,  three  members  of        .  Resolve 


Chap. 


489 

68 
11 

/419 
\683 

419  I 


580 
683 


158 


Item  or 
Section. 


1-6 


1916-00 
1916-00 
1908-31, 
1908-32 


1.2 
2220-17 

1-3 


84 


696 

1, 

Subs.  44C 

8 
419 
683 
730 

1-9 
1-4 
1-3 

Page  1231 

630 
719 

1-4 
6-11 

643 

2 

Subs.  81E 

564 
297 


419 


70 


0401-01. 
0401-22, 
0401-23, 
0401-26, 
0401-27, 
0401-32 


Pages  1234- 
1236 


49 

GO 
696  { 

489 
385 


369 
36 


48 


1,  Subs. 
44A;  4 

3 
1,2 


Index.  1479 

Item  or 
Chap.  Section. 

GOVERNOR  —  Continued. 

appointments  by  —  Concluded. 

death  actions,  damages  in,  method  of  assessing  and  minimum 
amount  recoverable,  special  commission  to  study  relative 
to,  five  members  of      ....  .       Resolve       40 

employment  security,  division  of,  board  of  review  in  .     685  6 

director  of  ........     685  4 

engineers  and  land  surveyors,  professional,  board  of  registra- 
tion of,  members  of      ......  .     643  1, 3 

horse  and  dog  racing  meetings,  revenue  of  commonwealth 
from,  special  commission  to  investigate  and  study  as  to, 
one  member  of    .  .  .  .  .  .        Resolve       96 

insurance,  group,  low  cost  medical  care,  etc.,  for  public  em- 
ployees, and  payroll  deductions  on  account  thereof, 
special  commission  to  investigate  relative  to,  two  mem- 
bers of        ......  .        Resolve       65 

insurance  premiums,  financing  of,  buying  of  conditional  sales 
agreements,  and  whole  subject  of  conditional  sales  of 
personal  property,  special  commission  to  investigate  as 
to,  one  member  of        ....  .        Resolve       82 

intergovernmental  relations,  special  commission  to  investigate 

relative  to,  three  members  of         .  .  .        Resolve       84 

junior  colleges,  further  regulation  of,  etc.,  special  commission 

to  investigate  relative  to,  three  members  of    .        Resolve       70 

legislative  system  and  procedure  of  commonwealth,  special 
commission  to  investigate  and  study,  two  members 
of       .  .  .  .  .  .  .        Resolve       95 

Lord's  Day,  transportation  of  fish,  common  carrier  service, 
railroad  terminal  facilities,  etc.,  operation  and  mainte- 
nance of,  on,  special  commission  to  investigate  relative 
to,  five  members  of      ....  .        Resolve       67 

Mashpee  Advisory  Commission,  existence  extended  and  au- 
thority thereof  enlarged        .  .  .  .  .  .189  1,2 

Massachusetts  board  for  the  promotion  of  opportunities  for 

young  people,  five  members  of       ....  .     646  1 

Massachusetts  emergency  commission,  members  of         .  .     719  1 

milk  control  board,  two  members  of     .  .  .  .     691  1,  Subs.  7 

negligence,  imputed,  and  contributory  negligence,  abolishing 
defences  of,  in  case  of  injury  to  children  under  seven, 
special  commission  to  study,  three  members  of      Resolve       24 

nurses  and  attendants,  approving  authority  for  schools  for,  1  „„„  /  2,  Subs, 

three  members  of  .......  jozU|  15A;    10 

nursing,  board  of  registration  in,  additional  members  of         .     620  2,  Subs.  13;  4 

primaries  and  elections,  investigation  of  laws  relating  to,  pub- 
lication of  reports  of  contested  election  cases,  etc.,  special 
commission  to  undertake,  three  members  of   .        Resolve       74 

Quabbin  reservoir,  use  by  additional  municipalities  for  water 
supply  purposes,  and  relation  of  city  of  Boston  to  metro- 
politan district  commission,  special  commission  tO  in- 
vestigate as  to,  three  members  of  .  .        Resolve       91 

retirement  systems,  commonwealth  and  political  subdivisions 
thereof,  of,  special  commission  to  investigate  relative  to, 
three  members  of  ....  .        Resolve       66 

state  advisory  council,  members  of       ....  .     685  4 

tenements  and  dwellings,  raising  standards  of,  and  relative  to 
limited  di\idend  corporations,  special  commission  to 
study  as  to,  five  members  of  .  .  .        Resolve       71 

traffic  congestion,  proposed  improvements  for  relief  thereof, 
and  certain  other  matters  relating  to  motor  vehicles, 
special  commission  to  investigate  as  to,  one  member 
of Resolve       75 

tuberculosis  hospitals,  county,  cost  of,  and  admissions  to, 
special  commission  to  investigate  relative  to,  three  mem- 
bers of 616  2 

vocational  education,  state  board  for,  one  member  of     .  .     531 

powers  and  duties,  appropriations,  certain,  allotment  by  564  1,  2 

Atlantic  seaboard,  marine  fisheries  along,  compact  relative  to 
better  utilization  of,  between  commonwe^th  and  certain 
other  states,  as  to         .  .  .  .  .  .     489  1, 2, 6 

Boston  airport,  so  called,  turning-over  of,  to  commonwealth, 
improvement  thereof,  etc.,  borrowing  of  money  for,  as 
to 695  9 


1480 


Index. 


GOVERNOR  —  Concluded. 

powers  and  duties  —  Concluded. 

Boston,  city  of,  certain  waterfront  properties  in,  to  be  acquired 

for  construction  of  pier,  as  to         . 
coastal  wardens  and  fish  inspectors,  carrying  of  certain  weap- 
ons by,  approval  by     ......  . 

employment  security  law,  under  ..... 

game  and  inland  fisheries,  laws  relating  to,  as  to    . 

habit  forming  stimulants  or  sedatives,  persons  addicted  to 
intemperate  use  of,  commitment  of,  as  to        . 

Massachusetts  emergency  commission,  as  to  .  . 

metropolitan  district  water  supply  system,  furnishing  of 
water  from,  to  certain  additional  cities  and  towns,  bor- 
rowing of  money  for,  approval  by  .... 

military  or  naval  service,  public  officers  in,  filling  of  positions 
of ,  as  to      .  .  .  .  .  .  .  _        . 

milk  control  board,  prices  of  milk  fixed  by,  review  of,  on 
order  *of      .  .  .  ...  .  . 

north  and  south  metropolitan  sewerage  districts,  additional 
provisions  for  sewerage  disposal  needs  of,  powers  and 
duties  in  connection  with      ...... 

public  buildings  and '  state  institutions,  construction  of,  or 
improvements  in,  under  provisions  of  certain  appropria- 
tion act,  plans  and  specifications  for,  approval  by    . 

state  camp  ground,  so  called,  in  town  of  Framingham,  sale  of, 
approval  by         .......  . 

tax  titles,  loans  to  cities  and  towns  on  account  of,  as  to 

traffic  congestion,  Boston  and  \acinity  in,  and  throughout 
commonwealth,  proposed  improvements  for  relief  thereof, 
application  for  federal  funds  for,  as  to    .  .        Resolve 

unemployment  compensation,  di\'ision  of,  funds  received  under 
Social  Security  Act  for  administrative  expenses  of,  re- 
plenishing of,  in  certain  cases,  as  to        . 

Veteran  Firemen's  Muster  Day,  observance  of,  annual  procla- 
mation by  .  .  .  ...  .  . 

warrants  issued  by,  serving  of,  by  certain  special  state  police 
officers        .  .  .  .  .  .  ._         . 

See  also  Governor  and  council;   Militia,  commander-in-chief. 
GOVERNOR   AND    COUNCIL: 

in  general,  candidates  for  nomination  by  a  political  party  for 
councillor  required  to  be  certified  as  enrolled  members  of 
such  party  ........ 

oflBces  under,  certain,  appropriations  for,  allotment  for  . 


salaries  and  expenses,  appropriations 


powers  and  duties,  alcoholic  beverages  and  common  victual- 
lers, laws  relating  to,  special  commission  to  investigate 
and  study  relative  to,  etc.,  expenditures  by,  approval 
by      .......  •        Resolve 

apprentice  training,  division  of,  as  to   . 

Army  and  Navy  Legion  of  Valor  of  the  United  States,  The, 
national  convention  of,  in  1942,  representation  of  com- 
monwealth at,  if  held  in  Boston,  expenditures  for,  as 
to       .......  .        Resolve 

Bang's  abortion  disease,  certain  cattle  afifccted  with,  blood 
tests  for,  rules  and  regulations  as  to,  approval  by    . 

Bedford  airport,  so  called,  establishment  and  use  of,  agree- 
ments by  department  of  public  works  with  United  States 
in  connection  with,  approval  by    . 

Boston  airport,  so  called,  turning-over  of,  to  commonwealth, 
improvement  thereof,  etc.,  borrowing  of  money  for,  as 
to 

Boston,  city  of,  pier  to  be  constructed  on  waterfront  prop- 
erties in,  lease  of,  approval  by       .  .  . 

bovine  animals,  dealing  in  and  transportation  of,  rules  and 
regulations  as  to,  approval  by        ....  . 


Chap. 


Item  or 
Section. 


714 


598 
685  { 


1,  Subs.  5 

1,  Subs. 

58,62;  4 

599  2,Subs.lO,18 


655 
719 


727 
708 
691 

720 

419 
683 

463 
129 

75 

476 

387 

70 


563 
564 


419  { 


60 
707 


32 
173 


268 


695 
714 


1 

1,2,6 


4 

7 
2,  Subs.  12 

,8,9,  11,  18 

3 
3 

1 
2 


1.2 
0401-01  to 
0401-03, 
0401-05  to 
0401-23, 
0401-26, 
0401-32 


1,  2,  Subs. 
HE,  UF 


2.3 

9 
1 


607    1,  Subs.  39 


Index. 


1481 


GOVERNOR    AND    COJJNCIL  — Concluded. 
powers  and  duties  —  Concluded. 

child  guardianship,  division  of,  unclaimed  funds  held  for  bene- 
fit of  former  wards  of,  investment  of,  approval  by   . 

civil  service  laws,  rules  and  regulations,  special  commission 
to  investigate,  expenditure  for,  approval  by    .        Resolve 

Ellison,  Grace  A.,  conveyance  by  department  of  public  works 
of  certain  land  to,  approval  by      .  .  .        Resolve 

emergency  war  powers  granted  to  governor,  as  to 

employment  security  law,  bond  of  director  under,  amount  of, 
approval  by         .  .  .  .  .  -  • 

forest  fires,  closing  of  woodlands  for  prevention  of,  as  to  . 

game  and  inland  fisheries,  laws  relating  to,  as  to    . 

habit  forming  stimulants  or  sedatives,  persons  addicted  to  in- 
temperate use  of,  departments  for  care,  etc.,  of,  at  state 
institutions,  approval  by       .  .  .  ._  _       . 

insurance  premiums,  financing  of,  buying  of  conditional  sales 
agreements,  and  whole  subject  of  conditional  sales  of  per- 
sonal property,  special  commission  to  investigate  as  to, 
expenditures  by,  approval  by         .  .  .        Resolve 

Lowell,  city  of,  certain  land  in,  acquisition  by  common- 
wealth for  armory  purposes,  approval  by         .       _  . 

metropolitan  district  water  supply  commission,  special,  tak 
ings  of  land  by,  approval  by  .  ... 

military  or  naval  service,  public  employees  in,  action  to  be 
taken  by  director  of  civil  service  to  protect  rights  of,  ap- 
proval by    . 

milk  control  board,  appointment  by,  of  director  of  division  of 
milk  control,  approval  by      . 

North  Reading  state  sanatorium,  acquisition  by  department 
of  public  health  of  additional  water  supply  for,  approval 
by      .  .  .  .  ,  .  .  -.-... 

penal  and  reformatory  institutions,  state,  certam,  visitmg 
by 

premises,  certain,  procuring  of,  for  use  by  state  departments 
boards,  etc.,  approval  by       .  .  .  .  . 

retirement  systems,  commonwealth  and  political  subdivisions 
thereof,  of,  special  commission  to  investigate  relative  to, 
expenditures  by,  approval  by  .  .  .        Resolve 

state  forests,  leasing  of  certain  areas  in,   certain,  to   United 
States  for  national  defense  purposes,  approval  by 
use  by  United  States  for  national  defense  purposes  of  cer- 
tain areas  in,  approval  by     . 

tax  titles,  loans  to  cities  and  towns  on  account  of,  as  to  . 

United  Spanish  War  Veterans,  national  convention  of,  in  1943, 
representation  of  commonwealth  at,  if  held  in  Boston,  ex- 
penditures for,  as  to     .  .  .  .  .        Resolve 

United  States,  land  owned  by  commonwealth  in  town  of  Lan- 
caster, conveyance  by  trustees  of  the  Massachusetts  train- 
ing schools  to,  consideration  for,  approval  by  . 

waters,  inland  and  tidal,  pollution  and  contamination  of,  rules 
and  regulations  of  department  of  public  health  to  pre- 
vent, approval  by         ......  . 

Yankee  Division  Veterans  Association,  national  convention  of, 
in  1942,  representation  of  commonwealth  at,  expenditure 
for,  as  to     .  .  .  .  .  .  .        Resolve 

See  also  Executive  department. 

Governor's  committee  on  public  safety,  appropriations 

measures  adopted  by  commonwealth  during  years  1916,   1917 
and  1918,  dealing  with  men  in  military  service,  investiga- 
tion relative  to.  by       ....  .      Resolves 
Governor's  council  (see  Executive  council;  Governor  and  council). 
Governor's  island,  Boston  harbor,  in,  city  of  Boston  authorized  to 
transfer  certain  interests  in,  in  connection  with  turning- 
over  of  Boston  airport  to  commonwealth 
Grade  crossings,  alteration  of,  taking  of  property  for    .  . 

railroads  for  private  use,  in  case  of,  applicability  of  certain  laws  to 
state  highways,  on,  relative  to  construction  of  ... 


Chap. 

618 

36 

23 
719 

685 
699 

599  { 
655 


550 
720 

708 
091 

074 
237 
207 

06 

03 

393 
129 

87 
140 
388 

81 


Item  or 
Section. 


6.11 

1.  Subs.  55 

2,  Subs.  57 
2,  Subs.  14, 

90,  107 


1,  Subs.  8 

1 
*  1 


1,2 


33 

1,2 

210 

1,2 

419 

0450-01 

730 

Page  1159 

3,5 


095 

10 

233 

273 

4 

496 

1,2 

1482 


Index. 


Item  or 


Grafton  state  hospital,  appropriations        ..... 

Granby,  town  of  (see  Cities  and  towns). 

Grand  Army  of  the  Republic,  Department  of  Massachusetts, 

expenses  of,  state  aid  in  defraying  .  .        Resolve 

appropriation     ......... 

Granville,  town  of  (see  Cities  and  towns). 

Gray  squirrels  (see  Game  and  inland  fisheries). 

Great  ponds,  term  defined,  fishing  laws,  under      .... 

Greenfield,  Tap  and  Die  Corporation,  structure  and  pipe  line  bridg- 
ing North  street  in  town  of  Greenfield,  construction  and 
maintenance  by,  etc.,  authorized  ..... 

town  of  (see  Cities  and  towns). 
Greylock,  Mount,  war  memorial,  maintenance  of,  appropriation 
Group  life  insurance  (see  Insurance,  classes  of  insurance). 
Grouse,  ruffed  (see  Game  and  inland  fisheries). 
Groveland  bridge,  repair  or  reconstruction  of,  and  traffic  conditions 
at,  investigation  relative  to  .  .  .  .        Resolve 

Groves,  William  J.,  Gloucester,  of,  payment  by  commonwealth  of 
sum  of  money  to  .....        Resolve 

GUARDIANS  AND  CONSERVATORS: 

in  general,  absentees,  receivers  of,  accounting  by,  to 

bonds  of  certain  fiduciaries,  exemption  from  giving  sureties  on, 

applications  for,  notice  to      . 
burial  of  certain  wards  of,  payment  of  charges  and  expenses  of 
common  trust  funds,  collective  investments  in,  by,  relative  to 
compensation  of,  apportionment  of,  as  between  principal  and 
income        .  .  .  .  .  .  . 

inmates  of  certain  institutions  under  jurisdiction  of  depart- 
ment of  mental  health,  of,  allowance  of  accounts  of,  fur- 
ther regulated,  and  relative  to  collection  of  sums  due  for 
support  of  such  persons         .  .  . 

motor  vehicle  carrier  certificates,  permits,  etc.,  transfer  of, 
upon  application  of       .  .  .  .  ... 

real  property  owned  by  wards,  statements  as  to,  filing  of,  in 
proper    registries    of    deeds    by,    investigation    relative 
to       .......  •        Resolve 

guardians,  insane  persons,  of,  removal  of  .... 

marriage  of  a  non-resident  minor  or  application  by  such  minor 
for  certificate  of  intention  of  marriage,  consent  of  parent 
or  guardian  required  in  case  of      .  .  .  .  . 

minors,  of,  approval  by,  of  apprentice  agreements  entered  into 
by  such  minors    .  .  .  .  .  .  .  . 

testamentary,  bonds  of,  sureties  on,  exemption  from  giving, 
applications  for,  notice  to  certain  guardians  and  conser- 
vators ......... 

Guidance  and  placement,  occupational,  directors  of,  appoint- 
ment of,  in  towns,  and  providing  for  a  supervisor  of  such 
directors  in  the  department  of  education        . 
Gunning  stands  or  blinds  (see  Game  and  inland  fisheries). 
Gunpowder  (see  Explosives  and  inHammable  fluids  and  compounds). 
Guns  (see  Firearms). 

Gypsy  and  brown  tail  moths,  suppression  of,  appropriations 


Chap. 

Section. 

[419  / 
[683 

1715-00  to 
1715-30 
1715-00 

31 

683 

0441-03 

599 

2,  Suba.  1 

281 

1-4 

419 

0443-01 

75 

58 

399 

1.2 

45 
241 
474 

1.2 

36 


398 

483 

3 

53 
325 

270 

1.2 

707 

2.  Suba.  11 J 

45 

2 

670 

1.2 

4^9  f         1002-31. 


730 


8602-27 
8602-27 


H. 

Habit  forming  stimulants  or  sedatives,  persons  addicted  to  in- 
temperate use  of,  care,  etc.,  of,  providing  for  .  .     655 
Hairdressers,  board  of  registration  of  (see  Civil  service  and  regis- 
tration, department  of), 
registration  of,  and  occupation  of  hairdressing,  further  regulated 
See  also  Barbers. 
Hairdressing,  occupation  of,  further  regulated       .... 
Hallinan,  Lenley  D.,  payment  by  Essex  county  of  sum  of  money 

to 

Halls,  seats  for,  etc.,  conditional  sales  of,  relative  to       .  .  . 

special,  so  called,  use  of,  for  entertaiimient  of  spectators  during 

certain  months,  further  regulated  .  ^        .  .  .     694 

Hamilton,  town  of  (see  Cities  and  towns). 


1.2 


026 

1-13 

626 

1-10 

142 
468 

1.2 

Index.  1483 

Item'or 
Chap.  Section. 

HAMPDEN   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .  .     528  1 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in        .  .  .  •  ■  •        .  •  .        ■  -47 

metropolitan  water  supply  system,  establishment  within  bounda- 
ries of,   certain  litigation  arising  out  of,  reimbursement 
of  county  for  expense  to  it  of         .  .  .  .  .     384  1—3 

tax  levy        ..........     528  1 

HAMPSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .  .     528  1 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in        ..••••••■       47 

sanatorium,  central  heating  plant  at,  construction  of,  and  pay- 
ment of  cost  thereof     .......     303  1-3 

sprinkler  system  at,  installation  of,  and  payment  of  cost  thereof     302  1-3 

tax  levy        .  .  .  .  •  •  •  •         .■      .    •     ^^^  ^ 

Handicrafts,  problems  connected  with  stimulation  of,  investigation 

relative  to Resolves  13,  50 

Harbors  (see  Waters  and  waterways) . 
Hares  (see  Game  and  inland  fisheries). 
Harrison,  Agnes  L.,  Boston,  of,  payment  by  commonwealth  of  sum 

of  money  to,  extending  time  for     .  .        Resolve       25 

Hartford,  Connecticut,  water  bureau  of  metropolitan  district  of, 
land  held  by,  in  towns  of  Tolland  and  Granville,  pay- 
ments in  lieu  of  taxes  on,  regulation  of  .  .  .  .     498 

Harvard,  town  of  (see  Cities  and  towns). 

University  Library,  director  of,  powers  and  duties  in  connection 

with  New  England  Deposit  Library,  etc.        .  .  .     240  1-8 

Hathaway,  C.  Frank,  Lynn,  of,  payment  of  sum  of  money  to,  by 

Essex  county       ........     305  1,  2 

Haverhill,  city  of  (see  Cities  and  towns). 

Health  insurance  (see  Insurance,  classes  of  insurance,  accident  and 

health). 
HEALTH,   LOCAL   BOARDS   OF: 

animals,  inspectors  of,  nomination  in  certain  towns  by      .  .      162 

hospitals  and  sanatoria,  licensing  of,  powers  and  duties  as  to      .     661  1,  Subs.  71,  72 

shellfish,  powers  and  duties  as  to     .  .  .  .  .  .     598        1,  Subs.  81 

Health,  public  (see  Public  health). 

department  of  (see  Public  health,  department  of). 

Hearings,  legislative,  appropriations |  ^^q  0102-04 

Heavy  duty  platform  trailers  (see  Motor  vehicles,  trailers). 
Henry  O.  Peabody  School  for  Girls,  granting  of  certain  additional 

powers  to    .  .  .  .  •  •  ■  •  •     200 

Henry  O.  Peabody  school  for  girls  at  Norv?ood,  state  reimburse- 
ment of  town  of  Norwood  for  maintenance  of  .  .017  1,  2 
Herring  (see  Fish  and  fisheries). 
High  schools  (see  Schools,  public). 

Highway  Fund,  appropriations  from,  for  construction  and  mainte- 
nance of  certain  highways  other  than  state  highways        .     144  1-4 
for  construction  and  reconstruction  of  state  highways     .           .     147  1-4 
portion  of,  payment  by  commonwealth  to  its  municipalities  to 

be  expended  by  them  for  local  highway  purposes     .  .     420  1,  2 

traffic  congestion,  special  commission  to  investigate  relative  to 
proposed  improvements  for  relief  thereof,  appropriation 

from,  for Resolve       75 

Highways  (see  Ways).  . 

Hingham,  bay,  tide  waters  of.  United  States  authorized  to  con- 
struct bridge  without  a  draw  over  ....     632  1, 2 
town  of  (see  Cities  and  towns). 
Hog  cholera,  inoculation  of  swine  against,  scale  of  fees  established 

for 375 

Hog  island,  Hingham  bay,  bridge  without  a  draw  over,  from,  to 

mainland  in  town  of  Hull,  construction,  authorized  .  .     632  1, 2 

Hoisting  machine  operators,  etc.,  licenses  for,  annual  renewal  of, 

relative  to  ........     525  1, 2 

Holiday,  legal,  March  seventeenth  made  a,  in  Suffolk  county  .  .       91  1,2 

Holidays,  patriotic,  observance  by  cities  and  towns  under  auspices 

of  certain  organizations         ......     217  2 

See  also  Christmas  day. 
Holyoke,  city  of  (see  Cities  and  towns). 
Homework,  industrial,  employers'  permits  for,  fees  for  renewal 

of,  establishment  of      ......  .     639 


1484 


Index. 


Homing  pigeons  (see  Game  and  inland  fisheries). 

Hope  Cemetery,  Worcester,  city  of,  in,  claims  for  property  damage 

by  blasting  operations  at,  payment  authorized 
HORSE     AND     DOG     RACING     MEETINGS     CONDUCTED 
UNDER    PARI-MUTUEL    SYSTEM    OF    WAGER- 
ING: 
dog  racing  meetings,  hours  for,  in  case  of  certain  emergencies 
race  tracks  for,  location  of,  approval  by  municipal  authorities 
of,  not  required  in  case  of  such  meetings  held  in  connec- 
tion with  a  state  or  county  fair      .  . 
revenue  of  commonwealth  from,  investigation  and  study  rela- 
tive to        .          .          .          -          .          .  .       Resolve 
Hose,  fire  (see  Linen  fire  hose  weaving). 
Hospital  cottages  for  children,  appropriation     .  .  .  . 

Hospital  districts  (see  Tuberculosis  hospital  districts,  county). 
Hospital  records,  making  of,  by  photographic  or  micro-photographic 
process,  admissibility  of  certain  records  in  evidence  and 
disposal  of  certain  hospital  records  .... 

HOSPITALS : 

in  general,  defective  delinquents,  departments  for,  prisoners  and 

persons  committed  to,  removal  to  and  hospitalization  at 

free  bed  in,  for  needy  residents,  appropriations  by  towns  for 

establishment  and  maintenance  of  ...  . 

labor  of  women  and  children  in  certain  positions  in,  hours  of, 
relative  to  .  .  .  ... 

licensing  of,  by  state  department  of  public  health,  regulations 
as  to,  etc.   .  ... 

private,  care  in,  of  certain  sick  poor  persons,  state  reimburse- 
ment of  cities  and  towns  on  account  of  ... 
records  of  (see  Hospital  records). 
Bridgewater  state  hospital,  inmates,  insane,  of,  guardians  and 
conservators  of,  allowance  of  accounts  of,  further  regu- 
lated, and  relative  to  collection  of  sums  due  for  support 
of  such  persons    ........ 

counties,  of,  former  patients  of,  offering  to,  of  correspondence 

courses  free  of  charge,  by  department  of  education  . 
Memorial  Hospital,  The,  in  the  city  of  Worcester,  number  of 
trustees  of,  increased    ....... 

Pondville  hospital  at  Norfolk,  appropriations   .... 

state  hospitals,  in  general,  former  patients  of,  offering  to,  of 
correspondence  courses  free  of  charge,  by  department  of 
education   ......... 

state  hospitals  for  insane,  etc. : 

in  general,  discharges  from  ...... 

guardians  and   conservators   of  inmates   of,   allowance   of 
accounts  of,  further  regulated,  and  relative  to  collection 
of  sums  due  for  support  of  such  persons 
military  or  naval  forces  of  United  States,  persons  in,  who 

are  suffering  from  mental  disease,  care  of,  in   . 
prisoners  committed  to,  discharge  of  ...  . 

temporary   care   in,    persons,    certain,   needing  immediate 
care,  of,  further  regulated  ..... 

transportation  of  persons  for  ..... 


Chap. 
96 

382 


Item  Of 
Section. 


Boston,  appropriations 


psychopathic,  appropriations 
Danvers,  appropriations 


96 

419 

1701-11 

389 

1.2 

510 

1-3 

72 

610 

1-3 

661 

1,2 

412 

398 

561 

218 

419 

683 
730 

561 
216 

398 

481 
216 

645 
216 

419 
730 
419 

419 

,683 
sale  of  water  to,  by  town  of  Danvers,  investigation  relative 
to      .......  .       Resolve      83 


Foxborough,  appropriations 
Gardner,  appropriations 


419  I 
683 
419  I 
730 


2031-00  to 
2031-24 
2031-25 

Page  1176 


2,3 


2 
1 

1711-00, 

1711-25 

Pages  1165, 

1176 

1710-00  to 

1710-22 

1712-00  to 

1712-26 

1712-00 


1713-00  to 
1713-23 
1713-00 

1714-00  to 
1714-22 
1714-23 


Inde:^. 


1485 


HOSPITALS  —  Concluded. 

state  hospitals  for  insane,  etc.  —  Concluded. 

Grafton,  appropriations 


Medficld,  appropriations 
Metropolitan,  appropriation 
Monson,  appropriations 
Northampton,  appropriations 

Taunton,  appropriations 

Westborough,  appropriations 

Worcester,  appropriations  . 

Duggan,  Anne  C,  who  died  while  on  duty  at,  payment  by 
commonwealth  of  sum  of  money  to  mother  of        Resolve 
See  also  Tewksbury  state  hospital  and  infirmary. 
Tewksbury  state  hospital  and  infirmary,  escapes  from,   com- 
plaints for,  making  and  prosecution  of  . 
inmates,  insane,  of,  guardians  and  conservators  of,  allowance 
of  accounts  of,  further  regulated,  and  relative  to  collec- 
tion of  sums  due  for  support  of  such  persons 
inmates  of,  may  be  required  to  perform  labor 
liquids  and  articles,  certain,  unlawful  possession,  handling  or 
consumption  by  inmates  of,  penalized    .... 
tuberculosis  (see  Tuberculosis  hospitals), 
tuberculosis  hospital  districts  (see  Tuberculosis  hospital  districts). 

Hospital  School,  Massachusetts,  appropriations 

Hospital  service  corporations,  non-profit,  formation  of,  etc. 

public  employees,  hospitalization  and  low  cost  medical  care  for, 

in,  etc.,  investigation  relative  to    .  .  .        Resolve 

appropriation  ........ 

Hotels  (see  Inns,  lodging  houses,  etc.). 

Hot  water  tanks,  marking,  construction  and  installation  of,  regulated 
Hours  of  labor  (see  Labor). 

House  chamber  and  lobby,  etc.  (see  General  court,  house  of  rep- 
resentatives) . 
House  in  the  Pines  Junior  College,  name  of,  use  by  House  in  the 
Pines  Association  as  applying  to  a  certain  division,  author- 
ized, etc.     ......... 

House  of  Representatives  (see  General  Court). 

Massachusetts  bay,  of,  journals  of,  purchase  and  distribution 
of  copies  of,  appropriation    ...... 

Houses  (see  Buildings). 

correction,  of  (see  Penal  and  reformatory  institutions,  counties, 

of). 

Housing  administration,  federal,  loans  insured  by,  term  during 

which  banking  institutions  and  insurance  companies  may 

make,  further  extended  ...... 

Housing  authorities,  defense  housing  during  present  emergency, 
engaging  in,  by    . 
dwelling  units  in  certain  buildings  erected  and  maintained  by, 
number  of,  further  regulated  ..... 

requirements  by,  as  to  tenants  of  low-rent  housing  projects,  fur- 
ther regulated      ........ 

HOUSING,    STATE    BOARD    OF: 

appropriations       ......... 

assistants  in,  act  promoting  equality  of  compensation  for  posi- 
tions in  state  service,  as  affecting  .... 

chairman  of,  tenements  and  dwellings,  raising  standards  of,  and 
relative  to  limited  dividend  corporations  under  control 
of,  special  commission  to  study  as  to,  to  be  member 
of       ....,,,  .        Resolve 


Chap. 

419 

.683 

419 

730 
419 

419 

683 

419 

419 
683 
419 

419 
63 

191 


398 
196 


201 


245 
419 


260 
317 
291 
269 

419  I 
596 


Item  or 
Section. 


1715-00  to 
1715-30 
1715-00 

1716-00  to 
1716-27 

Page  1176 
1717-00 

1722-00  to 
1722-26 
1722-00 
1718-00, 
1718-25 

1719-00  to 
1719-28 
1719-00 

1720-00  to 
1720-23 

1721-00  to 
1721-25 


419  / 

306 
334 

1918-00  to 
1918-22 

65 
683 

0221 

518 

1-4 

1.2 

0502-02 


1-6 


1,2 

1902-01, 
1902-02 

14 


71 


1486 


Index. 


Chap. 
HOUSING,   STATE  BOARD  OT  —  Concluded. 

defense    housing    during    present    emergency,    engaging    in,    by 

housing  authorities,  powers  and  duties  as  to  .  .  .     317 

dwelling  units  in  certain  buildings  erected  and  maintained  by 

housing  authorities,  number  of,  approval  as  to,  by  .291 

Hudson,  town  of  (see  Cities  and  towns). 
Hull,  town  of  (see  Cities  and  towns). 
Hunting  (see  Game  and  inland  fisheries). 

Huntington  avenue  subway  (see  Boston  Elevated  Railway  Com- 
pany, subway  premises  and  equipment,  certain,  use  by). 
Hurricane    and   floods,    payments   by   commonwealth   of   certain 
sums    as    compensation    for    work    performed    for,    and 
materials  furnished  to,   commonwealth,  made  necessary 

by Resolves  88, 94 

Hurwitz,  Jacob,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve       88 

HUSBAND   AND    WIFE: 

adoption  by  minors  of  their  natural  children,  joint  petitions  for, 

by      .... 44 

private  conversation  between,  declarations  of  deceased  persons 

not  to  be  inadmissible  in  evidence  as,  in  certain  cases        .     363 
See  also  Marriage. 

[151 

Hyannis  state  teachers  college,  appropriations  .         .         .         .  I  419  [ 

1683 

Hyde  Park  district  of  Boston,  Dedham  and  Hyde  Park  Gas  and 

Electric  Light  Company,  property  of,  in,  acquisition  by 

city  of  Boston  and  lease  thereof  to  Boston  Consolidated 

Gas  Company,  provision  for  .....     369 

Hygiene,  occupational,   division  of   (see  Labor  and  industries, 

department  of). 
Hynes,  John  F.,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve       88 


Item  or 
Section. 


1-5 


1.2 

1.  2 

1310-00  to 
1310-33 
1310-34 


1-10 


I. 

Ice  (see  Snow  and  ice). 

Identification  of  criminals,  further  provision  for  .  .  . 

Imitation  furs  (see  Furs). 

Immigration  and  Americanization,  division  of  (see  Education, 

department  of). 
Impeachment  (see  General  court). 

Impersonation,  false,  of  investigators,  etc.,  of  the  department  of 
_  public  utilities,  penalty  ...... 

Importation,   animals  affected  with  Bang's  abortion  disease,   of, 

control  of  . 
Improvement  districts  (see  Districts). 
Income  (see  Principal  and  income). 

taxes  (see  Taxation,  incomes,  of). 
Income  tax  division  (see  Corporations  and  taxation,  department  of) . 
Indebtedness,  commonwealth,  of  (see  State  finance). 

county  (see  County  finance). 

evidences  of  (see  Bonds;  County  finance;  Mimicipal  finance; 
Notes;   State  finance). 

municipal  and  district  (see  Municipal  finance). 
Indemnification,  city  and  town  treasurers,  of,  by  their  municipali- 
ties in  the  performance  of  their  duties  in  certain  cases 
Indemnity  companies  (see  Surety  companies). 
Indexing,  certain  laws,  of,  appropriation        ..... 

xdtal  statistics,  of,  appropriation      ...... 

Indigent  persons  (see  Poor  and  indigent  persons). 
INDUSTRIAL   ACCIDENTS,   DEPARTMENT    OF: 

appropriations       ......... 

industrial  accident  board,  partially  disabled  public  employees, 
employment  of,  determination  of  salaries  for,  powers  and 
duties  as  to 


69 


71 
173 


99 


419 
419 


419 

683 
730 


649 


0102-16 
0501-06 


1501-01  to 
1501-06 
1501-03 
1501-02 


Index. 


1487 


INDUSTRIAL  ACCIDENTS,  DEPARTMENT  OP  —  Concluded. 
medical  examiners  to  notify,  of  death  in  certain  cases 
notices,   posting   bj'  certain  employers  not  covering  their  em- 
ployees  by  workmen's   compensation   insurance,   powers 
and  duties  as  to  ....... 

waiver  with  approval  of,  by  certain  employees  of  their  rights  to 

workmen's  compensation,  extension  of  time  for 
See  also  Workmen's  compensation. 

Industrial  committee  for  national  defense,  service  of,  appro- 
priation     ......... 

Industrial  Defense  Association,  Inc.,  dissolved 

Industrial,   development  and,   commission,    Massachusetts, 
appropriation       ........ 

Industrial  education  (see  Vocational  schools). 

Industrial  engineer,  term,  engineers  and  land  surveyors,  registra- 
tion of,  law  providing  for,  not  to  restrict  use  of,  etc. 

Industrial  establishments,  commencement  or  change  of  location  of 
certain,  notice  of,  required    ...... 

Industrial  homework,  employers'  permits  for,  fees  for  renewal  of, 
establishment  of  ....... 

Industrial  life  insurance  (see  Insurance,  classes  of  insurance,  life). 

Industrial  Recovery  Act,  National  (see  National  Industrial  Re- 
covery Act). 

Industrial  school,  boys,  for,  appropriations  .... 

girls,  for,  appropriations  ....... 

Industries,  labor  and,  department  of  (see  Labor  and  industries, 

department  of). 
Inebriates,  bureau  for  care  of,  establishment  of,  investigation  rela- 
tive to         ......  .        Resolve 

Infants,  supervision  of  certain,  in  boarding  houses,  relative  to 
Inflammable  fluids  and  compounds  (see  Explosives  and  inflam- 
mable fluids  and  compounds). 
Inheritance  tax  (see  Taxation,  legacies  and  successions,  of). 
INITIATIVE    AND    REFERENDUM: 

emergency  law  under,  certain  act  declared  by  governor  to  be  an 
initiative  petitions  filed,  etc.". 

relative  to  allowing  physicians  to  provide  medical  contracep- 
tive care  to  married  persons  for  the  protection  of  life  or 

health 

relative  to  providing  for  a  state  fund  for  workmen's  compen- 
sation ......... 

proposed  amendments  to  constitution  and  laws  submitted  to 
people  under,  fair,  concise  summary,  instead  of  a  descrip- 
tion of,  and  certain  changes  relative  to  filing  of  initiative 
petitions,  proposed  legislative  amendment  to  constitution 
providing  for       ........ 

Injunctions,  medical  service  corporations,  against 

Injury  cases  (see  Personal  injuries). 

Ink,  purchase  of,  appropriation    ....... 

Inland  waters  (see  Waters  and  waterways). 

Innholders,  licenses  of,  granting  of,  in  advance  of  equipping  prem- 
ises proposed  to  be  used  for  purposes  of  such  licenses 

Innholders  and  common  victuallers,  alcoholic  beverage  licenses, 

transfers  of  locations  of,  refusals  to  grant,  appeals  from,  by 

meals  served  by,  excise  on  charges  for  certain,  imposition  of,  and 

use  thereof  for  old  age  assistance  fund    .... 

Inns,  lodging  houses  and  public  lodging  houses,  information 
relative  to  persons  residing  at,  securing  of  certain,  in  con- 
nection with  registration  thereof  as  voters,  law  relative 
to,  to  apply  in  all  cities  and  towns  .... 

Inoculation,  swine,  of,  against  hog  cholera,  scale  of  fees  established 
for     .......... 

Inquests,  motor  vehicles  carrying  passengers  for  hire,  involving, 
reporting  of  evidence  at,  to  department  of  public  utilities 

INSANE,    FEEBLE    MINDED    AND    EPILEPTIC    PERSONS: 
boarding  of  certain  feeble  minded   persons  in   private   homes, 
cost  of,  appropriation  ....... 

burial  of  certain  insane  wards,  payment  of  charges  and  expenses 

of,  further  regulated     .  . 

discharge  of,  from  certain  institutions      ..... 


Chap. 
366 


410 
378 


683 
349 

}418{ 


Item  or 
Section. 


0460-01 

1-3 

1603-01, 

1603-02 


643     2,  Subs.  810 

642 

539 


/419 

less 

/419 
1683 


73 

629 


630 


?306 
1334 

419 


439 

678 


729 


328 
375 


499 


419 


241 
216 


1916-00 
1915-00 
1916-00 
1916-00 


1-6 

1-4 

Page  1232 
Page  1233 


1227- 
1229 

Subs.  13 
Subs.  13 

0601-08 


1.2 

17 

1.2 

1702-21 
2.3 


1488  Index. 


Item  or 
Chap.  Section. 

INSANE,  FEEBLE   MINDED   AND    EPILEPTIC   PERSONS  — 

Conchtdcd. 
guardians,  permanent,  of,  removal  of        ....  .     325 

insanity,  qualifications  of  physicians  certifying  to,  relative  to      .     645  1 

military  or  naval  forces,  United  States,  of,  persons  in,  who  are 
suffering  from  mental  disease,  care  of,  in  certain  institu- 
tions for  insane    .  .  .         _.  .     _      .  .  .     481 
prisoners  committed  to  institutions  for  insane,  discharge  of        .     216  2 
temporary  care  of,  in  certain  institutions,  further  regulated         .     645                         2 
transportation  of  patients  for  .          .          .          .          .          .216  1 

transfer  of  insane  to  and  from  wards  of  Tewksbury  state  hos- 
pital and  infirmary,  relative  to       .  .  .  .  .     706 

See  also   Defective  delinquents;    Hospitals,  state  hospitals  for 
insane,  etc. ;   Mental  health,  department  of. 
Insignia,  civilian  defense  workers,  of,  regulated,  unauthorized  use 

penalized,  etc.      ........     719  3 

Sons  of  Union  Veterans  of  the  Civil  War,  of,  unauthorized  use, 

penalized    .........     217  3 

Insolvency,  assignees  in,  accounting  to,  by  receivers  of  estates  of 

absentees    .  .  .  .  .  .  .  .  .     399  1,2 

insurance  companies  reinsimng  their  risks,  of,  relative  to  .          .     343 
judges  of  (see  Probate  and  insolvency,  judges), 
registers  of  (see  Probate  and  insolvency,  registers). 
See  also  Receivers. 
Inspectional  service,  department  of  labor  and  industries,  appro- 
priation           419  1601-11 

Inspection,  division  of  (see  Public  safety,  department  of). 
Inspectors,  animals,  of,  in  cities  and  towns,  nomination  and  ap- 
pointment of        .......  .     162 

buildings,  of,  appeals  from  orders  or  decisions  of,  under  munici- 
pal zoning  laws    .  .  .  .  ...  .      198  1-3 

plumbing,  of,  position  of,  in  classified  civil  service,  relative  to    .       49 
Installment  payments,  financing  of,  under  contracts  for  goods, 

services  or  insurance  in  certain  cases      ....     158  1-3 

laws  pertaining  to,  investigation  relative  to    .  .  Resolve  82 

Institutions,  savings,  for  (see  Banks  and  banking,  savings  banks). 
Instruments,  negotiable  (see  Negotiable  instruments). 
INSURANCE : 

in  general,  contracts  for,  installment  payments  under,  financing 

of,  in  certain  cases        .  .  .  .  .    _    _ .  .158  1-3 

fraternal  benefit  societies  (see  Fraternal  benefit  societies). 

,.     ,  .  ^.  .AC-  1  /306  Subs.  14 

medical  ser\ace  corporations  exempted  from  insurance  laws    .  <  qq^  Subs  2 

premiums,  financing  of,  investigation  relative  to    .        Resolve       82 
supreme  judicial  and  superior  courts,  concurrent  jurisdiction 

of,  exclusion  from,  of  cases  relating  to    .  .  .  .     180 

adjusters  of  fire  losses,  term,  more  fully  defined   .  .  .     286 

agents  and  brokers: 

non-residents,  as  agents  for  foreign  life  insurance  companies, 

authorized  to  act,  when,  et6.  .     _     _.  .  .  .     502 

qualifications  and  licensing  of,  and  of  special  insurance  brokers, 

relative  to  ........     493 

re-examination  and  licenses  of,  charges  and  fees  for,  further 

regulated    .........     693 

classes  of  insurance : 

accident,  policies  of,  may  also  insure  individuals  to  whom 
issued  in  respect  to  medical,  surgical  and  hospital  ex- 
penses of  members  of  their  families     ....     243 

simultaneous  deaths,  effect  of,  upon  payment  of  proceeds 

of ._        .  .  .     549  1,2 

accident  and  health,  general  or  blanket  policies  of,  premiums 
on  which  are  paid  solely  by  employees  covered  thereby, 
issuance  to  employers  •.-.•.        ■         .•  .118 

group,    for    public    employees,    investigation    relative    to, 

etc.      .......        Resolve       65 

appropriation  ........     683  0221 

endowment  (see,  infra,  classes  of  insurance,  life), 
fire,  adjusters  of  fire  losses,  term,  more  fully  defined       .  .     286 

losses,  adjustment  of,  relative  to        ....  .     703 

municipal  buildings,  on,  fund  for,  payments  from,  of  a 
proper  charge  for  insuring  municipal  buildings  and  other 
municipal  property  against  loss  or  damage  by  fire,  light- 
ning or  otherwise  .......     130 


Index.  1489 


Item  or 
Chap.  Section. 

INSURANCE  —  Continued. 

classes  of  insurance  —  Concluded. 
fire  —  Concluded. 

rates,  board  of  appeal  on,  appropriation    ....     419  1104-01 

health,  policies  of,  may  also  insure  individuals  to  whom  issued 
in  respect  to  medical,  surgical  and  hospital  expenses  of 
members  of  their  families      ......     243 

life,   group,   for  public  employees,   investigation  relative  to, 

etc.      .......        Resolve       65 

appropriation  ........     683  0221 

provision  entitling  certain  employees  to  new  insurance 
after  termination  of  policy  required  to  be  contained  in 
policies  of         .......  .     456 

savings  banks,  loans  by,  secured  by  assigrunents  of  policies 

of,  aggregate  authorized  amount  of,  increased        .  .     234 

savings  banks,  by  (see  Banking  and  insurance,  department 
of,  savings  bank  life  insurance,  division  of;  Savings  bank 
life  insurance), 
simultaneous  deaths,  effect  of,  upon  payment  of  proceeds  of     549  1,  2 

valuation  of  policies,  interest  rate  to  be  used  in  .  .     326  1,  2 

motor  vehicle  liability,  against,  compulsory  (see  Motor  vehicles, 
liability  for  bodily  injuries,  etc.,  caused  by,  security  for), 
reinsurance,  relative  to        ......  .     343 

unemployment  (see  Unemployment  compensation  law), 
workmen's  compensation  (see  Workmen's  compensation). 
See  also,  infra,  companies. 
companies : 

in  general,  authority,  certificates  of,  issuance  by  commissioner 

of  insurance  to    .  .  .  .  .  .  .  .     342  1-3 

capital  stock  owned  by,  sale  and  transfer  of,  to  directors,  etc.     548 

claim  manager,  employment  by         .....     342  1 

directors  of  certain  mutual  companies  having  a  guaranty 

capital,  election  of        ......  .     365  1, 2 

foreign,  personal  property  of  certain,  exempted  from  local 

taxation  ........     467 

policies,  bonds,  etc.,  issued  by  certain,  countersignature 
of,  by  resident  licensed  agent,  required        .  .  .     451 

fraternal  benefit  societies,   certain,  permitted  to  contract 

with,  for  payment  of  benefits  .....     397 

incorporation  of,  approval  by  commissioner  of  insurance      .     342  1-3 

insolvency  of,  which  have  their  risks  reinsured,  relative  to  .     343 
insolvent,  books  and  papers  of,  deposited  with  commissioner 

of  insurance  by  receivers  thereof,  disposition  of  .  .     450  1, 2 

expenses  of  receiverships  of,  relative  to  .  .  .  .     452 

investments  by,  in  real  estate  mortgages,  requirements  for, 
law  modifying,  further  extended    .  .  .  .  .40 

loans  insured  by  federal  housing  administrator,  making  by, 

term  of  act  authorizing,  further  extended  .  .     260 

medical  service  corporations,  certain  provisions  of  law  re-  (306  Subs.  16 

lating  to,  not  to  affect  operations  or  activities  of     .  .  \  334  Subs.  17 

merger  or  consolidation  of        .....  .     364  1-3 

mutual   companies,    guaranty   capital,   having,   election   of 

directors  of  certain       .......     365  1, 2 

payments,  certain,  information  as  to,  furnishing  to  boards 

of  public  welfare  .......     608 

reinsurance  of  risks  of,  relative  to     .  .  .  .  .     343 

reports  of  examinations  of,  made  by  commissioner  of  insur- 
ance, admissibility  of,  as  evidence  ....     324 

accident  or  health  insurance,  writing,  policies  issued  by,  may 
also  insure  individuals  to  whom  issued  in  respect  to  medi- 
cal, surgical  and  hospital  expenses  of  members  of  their 
families       .........     243 

fire,  mutual,  policies  without  contingent  liability,  issuance  by  \  n^o 
liability,  motor  vehicle  liability  policies  or  bonds,  issuance,  etc., 

by,  discrimination,  certain,  in,  penalty  for  .  .     401 

See  also  Motor  vehicles,  liability  for  bodily  injuries,  etc., 
caused  by,  security  for. 
mutual,  certain,  having  guaranty  capital,  deposit  with  state 

treasurer,  by,  requirements  as  to  .....     654  1,2 

life,  foreign,  non-residents  authorized  to  act  as  agents  of,  when, 

etc. 502 

reserves  of,  computation  of      .....         .     326  1, 2 


1490 


Index. 


INSURANCE  —  Concluded. 
companies  —  Concluded. 
life  —  Concluded. 

taxes,    certain,    date   for   determination   and   payment   of, 
changed,  as  necessitated  by  change  in  fiscal  year  of  com- 
monwealth ........ 

See  also  Workmen's  compensation. 
Insurance,  banking  and,  department  of  (see  Banking  and  insurance, 
department  of) . 
commissioner  of  (see  Banking  and  insurance,  department  of), 
division  of  (see  Banking  and  insurance,  department  of). 
Insurance  advisers,  licenses  for,  issuance  of,  restricted  to  individuals 

Interest,  betterment  assessments,  on,  reduction  of 

co-operative  bank  loans,  certain,  on,  rate  of 
life  insurance  policies,  valuation  of,  rate  to  be  used  in 
taxes,  local,  unpaid,  on,  payment  of         .  .  . 

water  rates  and  charges,  unpaid,  on  .  .  . 

Intergovernmental  relations,  problems  in  connection  with,  etc., 
investigation  relative  to         ...  .        Resolve 

Intermittent  police  officers,  so  called,  in  certain  cities  and  towns, 

appointment  to  regular  police  force,  relative  to 
Interstate  commerce  commission,  commercial  motor  vehicles, 
etc.,  interstate  commerce  and  conforming  as  to  equip- 
ment with  regulations  established  by,  shall  be  deemed  to 
conform  with  certain  requirements  of  laws  of  this  com- 
monwealth ........ 

INTERSTATE    COMPACTS : 

fisheries,  marine,  shell  and  anadromous,  relative  to  better  utili- 
zation  of,    along  Atlantic  seaboard,   between  common- 
wealth and  certain  other  states,  approval,  ratification,  etc 
appropriation  ....... 

uniform  milk  control,  for,  milk  control  board  authorized  to  enter 
into   ......... 

INTERSTATE    CO-OPERATION,    COMMISSION    ON: 
appropriation        ........ 

Atlantic  States  Marine  Fisheries  Commission,  one  member  of 
designation  by     ......  . 

bills  and  vouchers  for  expenses  incurred  by,  approval  and  cer 
tification  of  ......  . 

interstate  conferences,  attendance  by  not  more  than  three  mem- 
bers of         .  .  .  .  . 

interstate  transportation  of  property  by  motor  vehicle,  etc. 

investigation  relative  to,  by  .  .  .        Resolve 

vice-chairman  of,  election  by  commission  .... 

Interstate  highway  transportation,  property,  of,  investigation 
relative  to  ......        Resolve 

Interstate  motor  carriers,  licensing  of,  etc.,  further  regulated 

Intoxicated,  hunting  while,  etc.,  penalty  for         ...  . 

Intoxicating  liquor  (see  Alcoholic  beverages). 

Investments,  common  trust  funds,  in,  relative  to  .  .  . 

Ipswich  river,  water,  taking  from,  by  Lynn,  Peabody,  Salem, 
Beverly  and  Danvers,  for  emergency  purposes,  time  ex- 
tended       ......... 


Chap. 


509 


635 

/695 

\724 

76 

326 

258 

380 

84 

621 


443 


489 
683 

691 

419 

489 

394 

394 

54 
394 

54 

483 

/159 

\599 

474 
197 


Item  or 
Section. 


5,6.9 


1-3 

1.2 

1,2 

1.5 

1.4.  7 


1-5 
1004-90 

2  Subs.  24 

0506-01 

3 

1 

2 

1 


1-3 

1.2 

2.  Subs.  117 


J. 

Jails  (see  Penal  and  reformatory  institutions,  counties,  of). 

Janitors,  state  house  (see  State  House). 

Japanese  beetle,  so  called,  suppression  of,  appropriation 

Jewish  War  Veterans  of  tne  United  States,  flag  of  United  States 
or  of  Massachusetts  belonging  to  a  post  or  department 
of,  staffs  bearing,  attachment  to,  of  streamers  having 
certain  inscriptions  thereon,  authorized,  etc.  . 

Johnson,  Louis,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of    .        Resolve 

Joint  stock  companies,  dividends  on  shares  in,  taxation  of   . 

Jones,  William  A.,  former  member  of  present  house  of  representa- 
tives, widow  of,  payment  by  commonwealth  of  compen- 
sation to     .....  .  Resolve 


419 


117 


79 
331 


78 


0909-13 

1.2 
1,3,4 


Index. 


1491 


Journals,  house  of  representatives  of  Massachusetts  bay,  of,  pur- 
chase and  distribution  of  copies  of,  appropriation   . 

Judge  advocate,  state,  appropriation  ..... 

Judges  and  justices  (see  Courts;   District  courts;   Probate  courts; 
Supreme  judicial  and  superior  courts;   Trial  justices). 

Judgments  in  civil  actions,  summary  process,  actions  of,  in,  stay 
of,  relative  to      .  .  .  .  .  . 

trustee  process  in  actions  upon,  investigation  relative  to      Resolve 

JUDICIAL   COUNCIL: 

appropriations      ......... 

attachment,   personal  property,  encumbered,   of,   investigation 

relative  to,  by Resolve 

attachments  of  property,  and  certain  related  matters,  investi- 
gation relative  to,  by  .  .  .  .  .        Resolve 

executors  and  administrators,  statements  as  to  real  property 
owned  by  testators,  etc.,  filing  of,  by,  in  proper  regis- 
tries of  deeds,  investigation  as  to,  by      .  .        Resolve 
guardians  and  conservators,  statements  as  to  real  property  owned 
by  wards,  filing  of,  by,  in  proper  registries  of  deeds,  inves- 
tigation as  to,  by          .          •.•.-.•        Resolve 
libel   and    slander,    actions   for,   etc.,    investigation   relative   to, 
by      .......  .        Resolve 

motor  vehicles,   publicly   owned,   etc.,    damages   for   bodily  in- 
juries  or   death   caused    by   operation   of,    investigation 
relative  to,  by     .  .  .  .  .  .        Resolve 

negligence,  violations  of  statutes,  etc.,  as  evidence  of,  investi- 
gation relative  to,  by   .  .  .  .  .       Resolve 

property,  certain,  disposed  of  under  wills  in  certain  cases  of 
fraud,  etc.,  investigation  relative  to,  by  .        Resolve 

trustee  process,  actions  upon  judgments  in,  investigation  rela- 
tive to,  by  ......        Resolve 

Judiciary,  committee  on  the,  investigation  and  study  by,  relative 
to  the  district  court  system  of  the  commonwealth,  includ- 
ing municipal  court  of  city  of  Boston     .  .        Resolve 
Junior  colleges,  further  regulation  of,  etc.,  investigation  and  study 
relative  to            ......       Resolve 

appropriation    .  .  .  .  .  .  .  . 

Jiurors,  summoning  of,  and  returns  of  venires  by  deputy  sheriffs 
Justices  of  the  peace,  authorized  to  issue  warrants,  issuance  by, 

of  search  warrants  under  cigarette  tax  law 
Juvenile  cases,  district  courts  other  than  municipal  court  of  city 
of  Boston,  in,  appointment  of  probation  officers  to  act 
exclusively  in       .  .  .  .  .  .  _        . 

Juvenile  court,  Boston,  mental  and  physical  examinations  of  de- 
linquent cliildren,  making  of,  to  cause    ._'         . 
probation  officers  of,  placing  in  care  of,  of  certain  cliildren  placed 
on  probation  by  superior  court       ..... 

Juvenile  delinquents,  commitment  of,  to  jail,  etc.,  relative  to 
Juvenile  training,  division  of  (see  Public  welfare,  department  of). 


Chap. 

419 
419 


Item  or 
Section. 


0502-02 
0408-01 


700 
17 


419 

730 

17 

7 

53 

53 
38 

17 
17 
18 
17 

92 


1-3 


0303-01, 

0303-02; 

Page  478 

Page  1157 


70 

683 

90 

0224 

417 

8 

677 

I 

327 

264 
648 

1,2 
1,2 

K. 

Kelliher,  M.  S.,  Co.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve       88 

Kelly,  Martin,  payment  by  commonwealth  of  sum  of  money  to,  as 
compensation  for  services,  etc.,  made  necessary  by  hurri- 
cane and  floods  of  1938         ....        Resolve       88 

Kelp,  adrift,  taking  of,  regulated  ......     598 

Kennealey,  Mary  T.,  re-employment  of,  by  clerk  of  superior  court 

for  civil  business  in  county  of  Suffolk,  authorized      .  .     214 

Keresey,  Dennis,  estate  of,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes         .....        Resolve       59 

Kingston  bay,   herring  or  alewives,   certain,  taking  from  certain  f  172 
waters  of,  prohibited    .  .  .  .  .  .  .  \  598 

Kittredge,  Claude  B.,  acts  as  a  notary  public  validated       Resolve       10 


1,  Subs.  102 
1,2 

l,Subs.  97A 


1492 


Index. 


L. 

Labels,  furs,  imitation  furs  and  articles  made  therefrom,  required  on, 

and  misrepresentation  in  such  labels  prohibited 
LABOR: 

amusement  places,  certain,  women  and  children  employed  at, 
hours  of,  relative  to      ......  . 

apprentice  training,  commission  on,  expenses,  appropriation 
division  of,  appropriation    ....... 

children,  of  (see,  infra,  Minors,  of). 

discrimination  in  employment  on  public  works  because  of  race, 

color,  religion  or  nationality,  prohibited 
forty-eight  hour  law,  so  called,  women  and  children,  for,  hospital 
positions,  in,  relative  to         .....  . 

seasonal  employment,  in,  further  regulated 
hospitals,  women  and  children  employed  in  certain  positions  in, 
hours  of,  relative  to      ......  . 

hotels,  certain,  women  and  children  employed  in,  hours  of,  rela- 
tive to         ........  . 

hours,  minors,  of  (see,  infra,  minors,  of,  hours  of  labor). 

wage  and  hour  standards,  adoption  of,  within  commonwealth, 
investigation  as  to,  appropriation  .... 

women  and  children,  for,  hospital  positions,  in,  relative  to 
seasonal  employment,  in,  further  regulated 

labor  relations  commission,  appropriations        .... 

orders  of,  superior  court  required  to  render  opinions  when 
enforcing,  modifying  or  setting  aside 

minors,  of,  hospitals,  certain  positions  in,  in,  relative  to 
hours  of  labor,  hospital  positions,  in    . 

seasonal  employment,  in  ..... 

seasonal  emplojonent,  certain,  in,  further  regulated 

municipal  laborers,  etc.,  vacations  for      .... 

organized,  representative  of,  to  be  appointed  member  of  state 
board  for  vocational  education      ..... 

pick  clocks,  installation  of,  on  looms  operated  on  piece  rate  basis 
in  certain  textile  factories,  law  requiring,  made  inappli- 
cable to  linen  fire  hose  weaving      ..... 

prisoners,  of  (see  Prison  labor). 

private  clubs,  certain,  women  and  children  employed  in,  hours 
of,  relative  to       .......  . 

public  employees,  compensation  under  workmen's  compensation 
law  for  injuries  sustained  by,  appropriations  . 

public  works,  on,  discrimination  in  employment  of,  because  of 
race,  color,  religion  or  nationality,  prohibited  . 

re-employment  in  their  former  positions  of  persons  who  leave 
same  upon  being  called  for  military  or  naval  service  dur- 
ing present  national  emergency  and  are  rejected  for  such 
service         ......... 

service,  department  of  public  works,  of,  certain  positions  in, 
placed  under  civil  service      ...... 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 
women  in  textile  industry,  suspension  until  April  1,  1943 

Tewksbury  state  hospital  and  infirmary,  inmates  of,  may  be 
required  to  perform  labor     ...... 

textile  factories,  certain,  looms  in,  operated  on  piece  rate  basis, 
installation  of  pick  clocks  on,  law  requiring,  made  inap- 
plicable to  linen  fire  hose  weaving  .... 

unemployment  compensation  (see  Unemployment  compensation 
law). 

wage  and  hour  standards,  adoption  of,  within  commonwealth, 
investigation  as  to,  appropriation  .... 

women,  of,  forty-eight  hour  law,  so  called,  certain  provisions  of, 
hospital  positions  exempted  from  .... 

seasonal  employment  exempted  from  .... 

hours  of,  textile  industry,  in,  six  o'clock  law,  so  called,  relat- 
ing to,  suspension  until  April  1,  1943      .... 

See  also  Employers  and  employees;  Employment;  Labor  and 
industries,  department  of;  Massachu.setts  development 
and  industrial  conmiission;  Unemployment,  Workmen's 
compensation. 


Chap. 

Item  or 

Section. 

422 

574 
419 
730 

lGOl-21 
1605-01 

170 


GIO 
574 


CIO 

574 


419 
610 
674 

419 


261 
610 
610 
574 
574 
368 

531 


164 

574 
»  419 

170 

442 
627 
154 
196 

164 

419 

610 

574 

154 


1-3 
1-3 


Page  478 
1-3 

1604-01, 
1604  02 


1-3 
1-3 


2820-04, 
2970-07 


1-6 


Page  478 
1-3 


Index. 


1493 


LABOR  AND  INDUSTRIES,  DEPARTMENT  OF: 

in  general,  apprentice  training,  division  of,  establishment  in,  etc. 


appropriations 


directors  of  divisions  of,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service  as  affecting  . 

employment  security,  division  of,  as  affecting 

vacations  for  certain  employees  of  certain  cities  and  towns, 
law  relative  to,  enforcement  by      . 

women  and  children,  hours  of  labor  of,  certain  provisions  of 
forty-eight  hour  law,  so  called,  not  to  apply  when  em- 
ployment is  determined  to  be  seasonal  by,  etc. 
apprentice  training,  division  of,  appropriation 

establishment,  powers,  duties,  etc.         ..... 

commissioner,    apprentice    training,    division    of,    powers    and 
duties  as  to 

industrial  homework,  fees  for  renewal  of  employers'  permits 
for,  powers  and  duties  as  to 

industries,  certain,  commencement  or  change  of  location  of, 
notice  of,  to         . 

insurance,  group,  low  cost  medical  care,  etc.,  for  public  em- 
ployees, and  pay  roll  deductions  on  account  thereof, 
special  commission  to  investigate  relative  to,  to  be  or  to 
designate  a  member  of  ....        Resolve 

Massachusetts  board  for  the  promotion  of  opportunities  for 
young  people,  to  be  member  of      . 

pick  clocks  on  looms  in  textile  factories,  testing  of,  at  request  of 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 
women  in  textile  industry,  suspension  until  April  1,  1943 
by      . 

women  and  children,  hoiirs  of  labor  of,  certain  provisions  of 
forty-eight  hour  law,  so  called,  not  to  apply  to  certain 
hospital  positions  when  emergency  is  deemed  by,  to  exist, 
etc.    .......... 

conciliation  and  arbitration,  board  of,  appropriations 

employment  security,  division  of,  assistant  director  of,  appren- 
tice council,  to  be  member  of  ....  . 

board  of  review  in,  services  and  compensation  of  members  of 

deputies  and  assistants  in,  appointment  and  status  under  civil 
service  laws  ........ 

director,  deputies  and  assistants  in,  act  promoting  equality 
of  compensation  for  positions  in  state  service,  as  affecting 

establishment,  powers,  duties,  etc.         ..... 

treasury  unit,  so  called,  transfer  of  said  unit  from  department 
of  treasurer  and  receiver  general  to,  etc. 

See  also,  infra,  unemployment  compensation,  division  of. 
inspectional  service,  appropriation  ..... 

labor  relations  commission,  appropriations        .... 

orders  of,  superior  court  required  to  render  opinions  when 
enforcing,  modifying  or  setting  aside       .... 

Massachusetts  development  and  industrial  commission,  appro- 
priations    ......... 

secretary  and  certain  other  employees  of,  act  promoting  equal- 
ity of  compensation  for  positions  in  state  service,  as 
affecting      ......... 

minimum  wage  service,  appropriations     . 

necessaries  of  life,  division  on,  appropriations  .... 

motor  fuel  sales  act,  administration  and  enforcement  of,  ap- 
propriations        .....,,. 


Chap. 

707 
419 

683 

730 

596 

685 

368 


Item  or 
Section. 

1-3 

1601-01  to 
1607-01 

1601-61  to 
1607-21 

1601-61  to 
1605-02 

16 
1-11 


674 

730 

1605-01 

707 

1-3 

707  J 

1,2,  Subs. 

IIE-IIG, 

I 

UK 

539 

642 

65 


646 
462 


154 


610 

419  I 

683 
730 

707  2, 
611 
,685 

709 

596 

685 

686 

419 
419  I 
730 

261 
•419  ( 


596 
419  I 
683 
419 

•419 


1-3 

1601-61, 
1601-62 
1601-61 
1601-61 

Subs.  HE 

1-3 

6 

1-5 

17 
1-11 

1.2 

1601-11 
1604-01, 
1604-02 
1604-02 


1603-01, 
1603-02 


17A 
1601-71, 

1601-72 

1601-72 
1601-51, 

1601-52 
1601-53, 

1601-54 


1494 


Index. 


LABOR  AND  INDUSTRIES,  DEPARTMENT  OF  —  Concluded. 
occupational  hygiene,  division  of,  appropriations 

standards,  division  of,  appropriations       ..... 

director,  cartons  used  in  sale  of  certain  commodities  by  meas- 
ure, powers  and  duties  as  to 
road  construction,  material  for,  weighing  of,  powers  and 
duties  as  to  .  .  .  .  .  .  .  . 

inspectors  of  standards,  road  construction,  material  for,  weigh- 
ing of,  powers  and  duties  as  to       . 
statistical  service,  appropriation  _  •,  .       • 

unemployment   compensation,    division   of,    name    changed    to 
division    of    employment    security,    and    certain    other 
changes  made  in  law  with  respect  to  unemployment  com- 
pensation   ......... 

offices  and  positions  in,  reclassification  of      . 
See  also,  supra,  employment  security,  division  of. 
wage  boards,  appropriation     ....... 

Laborers,  municipal,  vacations  for     ...... 

Labor  relations  commission,  appropriations       .... 

orders  of,  superior  court  required  to  render  opinions  when  en- 
forcing, modifying  or  setting  aside  .... 

Lake  Boone  Commission,  creation  of,  etc.  ..... 

Lakes  (see  Waters  and  waterways). 

Lakeville  state  sanatorium,  appropriations         .... 

spastic  paralysis,  treatment  of,  at,  authorized  .... 
Spaulding,  Katherine  M.,  who  was  injured  at,  payment  by  com- 
monwealth of  sum  of  money  to      .  .  .        Resolve 
Lally,  Katherine  I.,  re-employment  of,  by  clerk  of  superior  court 

for  civil  business  in  county  of  Suffolk,  authorized    . 
Lambert   conformal   projection   of   the    Clarke   spheroid   of 
eighteen  hundred  and  sixty-six,  etc.,  Massachusetts 
co-ordinate  system,  so  called,  consists  of,  etc. 
Lancaster,  town  of  (see  Cities  and  towns). 

Land,  municipally  owned,  formerly  held  under  tax  titles,  care,  leas- 
ing and  disposal  of       .  .  •        .- 
posted,  hunting,  trapping  or  fishing  on,  penalized      . 
public  purposes,  held  for,  reimbursement  of  municipalities  for 
loss  of  taxes  on,  investigation  relative  to         .       Resolve 
summary  process  to  recover  (see  Summary  process  for  possession 

of  land), 
taking  of,  for  non-payment  of  taxes  (see  Taxation,  local  taxes, 

collection  of,  sale  or  taking  of  land,  by), 
taxation  of  (see  Taxation,  local  taxes). 
See  also  Real  property. 
Land  boundary  points  (see  Massachusetts  co-ordinate  system). 
LAND   COURT: 

appropriations       .  .  .  .  . 

attachment  of  registered  land  in  actions  or  suits  against  city  and 
town  treasurers,  certain  certificates  in  connection  with, 
filing  in       .  .  .  .  ...  .  . 

foreclosure  of  real  estate  mortgages  in  which  soldiers  or  sailors 
may  be  interested,  provision  for  judicial  determination  of 
rights  to  exercise  powers  of  sale  for,  as  affecting 
justices,  retired,  pensions  for,  appropriation      .... 

recorder,   duties  of,  performance  by  a  deputy  recorder  when 

neither  recorder  nor  chief  title  examiner  is  available 
tax  titles,  foreclosure  of,  by  decree  of,  recovery  of  possession  of 
land  after,  remedy  of  summary  process  for  possession  of 
land  extended  so  as  to  permit        ..... 

relative  to  proceedings  for,  in  ..... 

petitions  for  establishment  of,  practice  and  procedure  in  respect 
to,  in  ......... 

Land  forces  (see  Militia). 
Landing  fields  (see  Aircraft). 


Chap. 

419 

419 
683 

59 

155 

155 
419 


685 
517 


419 
368 

419  { 

730 

261 
712 

|419{ 

i730 
506 


46 

213 

47 


Item  or 
Section . 

1601-31, 
1601-32 

1601-81. 
1601-82 
1601-82 


1-3 


1-3 
1601-41 


1-11 
1.2 

1601-73 

1604r-01. 

1604-02 
1604-02 


1-11 

2022-00  to 

2022-23 

Page  1176 


1.2 


296 
699 


80 


1.2 
2,  Subs.  100 


.,q/  0308-01  to 
^^^  I  0308-03 
683     0308-02 


99 


25 
419 


27 


242 
319 


1.2 
0309-01 


1.2 
1-4 


594  3,  Subs.  80B 


Chap. 

Item  or 
Section. 

85 

r643 

1722 

1-6 
lA,  9A-9C 

419 
419 

0102-16 
0420-01 

296 

85 
267 

1 

729 

416 

415 

91 

9A 
2.3 
1.2 
1.2 

95 
730 

0232 

Index.  1495 


LANDLORD   AND   TENANT: 

leases,  recording  of  notices  of  certain        .... 
See  also  Housing  authorities. 

Land  surveying,  professional,  practice  of,  etc.,  regulated 

Laws,  emergency  (see  Emergency  laws). 

special,  indexing  of,  appropriation  ..... 
state,  uniform,  commissioners  on,  appropriation 
See  also  Acts  and  resolves;   General  Laws;   Statutes. 
Lawyers  (see  Attorneys). 
Lease  agreements,  so  called,  buying  of,  licensing  and  regulation 

of  business  of,  etc.,  investigation  relative  to    .        Resolve       82 
Leases,  municipally  owned  lands  formerly  held  under  tax  titles, 

of 

recording  of  notices  of  certain  ...... 

state  departments,  boards,  etc.,  premises  for  use  by,  of    . 
Legacy  and  succession  taxes,  additional,  imposition  of,  to  be  used 
for  old  age  assistance  fund    ...... 

additional,  temporary,  imposition,  etc.     ..... 

rates  of         .........  . 

Legal  holiday,  March  seventeenth  made  a,  in  Suffolk  county  . 
Legislative  document  room  (see  General  court). 
Legislative  system  and  procedure,  commonwealth,  of,  investiga- 
tion and  study  relative  to     .  .  .  .       Resolve 

appropriation  ........ 

Legislature  (see  General  court). 

Leicester  Academy,  Trustees  of,  use  by,  of  name  of  Leicester 

Junior  College     ........     253 

Leominster,  city  of  (see  Cities  and  towns). 
Liability  insurance  (see  Insurance,  classes  of  insurance). 
Libel,  actions  for,  and  slander,  investigation  relative  to  .        Resolve       38 
Liberty  permits,  prisoners  in  state  penal  and  reformatory  institu- 
tions, granting  to  ......  .     277 

prisoners  released  upon,  etc.,  return  to  prison  of  certain     .  .     174  1,  2 

Librarian,  state,  insolvent  insurance  companies,  records  of,  de- 
posited with  commissioner  of  insurance,  disposition  of 
certain,  powers  and  duties  as  to    .  .  .  .  .     450  1 

New  England  Deposit  Library,  powers  and  duties  in  connection 

with 240  1-8 

Libraries,  New  England  Deposit  Library,  incorporation  of,  powers 

and  duties,  etc.   ........     240  1-8 

public,  division  of  (see  Education,  department  of). 

free,  employees  of  certain,  inclusion  of,  in  contributory  retire- 
ment systems  in  cities  and  towns  .  .  .  .411  1-3 

Library,  state  (see  State  library). 
LICENSES   AND   PERMITS: 

agricultural  carriers  of  property  by  motor  vehicle      .                    .     704  1-4 
airport  approaches,   buildings,  etc.,   near,   construction   or  in- 
crease of  height  of 537     5,  Subs.  40D 

alcoholic  beverages,  manufacture,  transportation,  sale,  etc.,  of 
(see  Alcoholic  beverages). 

architects 696  2, 3 

[2,Subs.  14A; 
attendants,  licensing  of,  by  board  of  registration  in  nursing      .     620  ]  3,  Subs. 

i74A-76;7-9 
auctioneers'  licenses,  special,  issuance  in  certain  cases         .  .       81 

barbering,  practice  of,  renewal  of,  etc.      .  .  .  .  .619  1,2 

bedding  and  upholstered  furniture  manufactured  without  com- 
monwealth, sale  of,  within  commonwealth,  for,  provisions 
of  law  relative  to,  repealed   ......       57 

reimbursement  for  fees  paid  for,  appropriation  .  .  .     683  2820-07 

bicycles,  in  certain  cities  and  towns  .....     710  1 

bovine  animals,  transportation  and  sale  of        ...  .     607  1, 2 

buildings,  construction,  etc.,  of,  permits  for,  effect  of  zoning  ordi- 
nances or  by-laws  on  certain  .  .  .  .  .176 

cigarette  tax  law,  under  .......     417  1-19 

cinematograph  and  similar  apparatus  for  exhibition  of  motion 

pictures,  further  regulated    ......     553  1-9 

common  victuallers',  granting  in  advance  of  equipping  premises 

proposed  to  be  used  for  purposes  of  such  licenses     .  .     439  1,  2 

dog  licenses,  refunds  of  fees  paid  for,  forbidden  in  certain  cases  .     132 
transfer  license,  issuance  in  case  of  removal  of  dog  from  one 

municipality  to  another         ......     133 


1496 


Index. 


LICENSES  AND  PERMITS  —  Conclvded. 

dog  racing  meetings  (see  Horse  and  dog  racing  meetings  con- 
ducted under  pari-mutuel  system  of  wagering). 

engineers,  firemen  and  hoisting  machine  operators,  for,  annual 
renewal  of  ........ 

fires  in  open  air,  setting  of,  for,  further  regulated 

fishing  (see  Game  and  inland  fisheries). 

fox  hunting,  special  (see  Game  and  inland  fisheries). 

hairdressing,  instructors  of      . 

homework,  industrial,  renewal  of     . 

horse  and  dog  racing  meetings  (see  Horse  and  dog  racing  meet- 
ings conducted  under  pari-mutuel  system  of  wagering). 

hospitals  and  sanatoria  ....... 

hunting  (see  Game  and  inland  fisheries). 

innholders',  granting  in  advance  of  equipping  premises  proposed 
to  be  used  for  purposes  of  such  licenses 

insurance,  advisers,  so  called  ...... 

agents,  brokers  and  adjusters  of  fire  losses    .... 

brokers  and  special  insurance  brokers  ..... 

premiums,  financing  of,  buying  of  conditional  sales  agree- 
ments, etc.,  licensing  businesses  of,  investigation  relative 
to       .......  .        Resolve 

marine  fish  and  fisheries  (see  Fish  and  fisheries). 

meals,  serving  of,  to  public     ....... 

military  or  naval  service  of  United  States,  by  holders  of  certain, 
as  affecting  renewal,  etc.       ...... 

milk  dealers  ......... 

motor  vehicles,  agricultural  carriers  of  property  by  . 

to   operate,   suspension   of,    because   of  improper   operation, 
notices  of,  to  specify  time  and  place  of  such  improper 
operation    ......... 

transporting  property,  further  regulations  as  to     . 

notices  of  hearings  upon  application  for,  etc.,  regulation  of 
revocation  of,  further  regulated         ..... 

use  of  certain,  during  present  national  emergency 
See  also  Motor  vehicles, 
non-residents,   as  insurance   agents  of  foreign  life   companies, 
licenses  to  act,  when,  etc.      ...... 

nurses,  registration  of,  further  regulated  .... 

sporting  (see  Game  and  inland  fisheries). 

taxidermists  (see  Game  and  inland  fisheries). 

trade  schools,  private,  to  operate     ..... 

trapping  (see  Game  and  inland  fisheries). 
Liens,  employment  security  law,  so  called,  under   .  . 

real  estate,  parcels  of,  which  are  separately  assessed,  on,  rela- 
tive to  discharge  of,  etc.        ..... 

water  rates  and  charges,  for,  etc.,  further  regulated  . 
Lieutenant  governor,   office  of,  allotment  of  appropriations,  act 
providing  for,  not  to  apply  to        ...  . 

salary  and  expenses,  appropriation  .... 

Life  insurance  (see  Insurance,  classes  of  insurance,  life). 
Light  districts  (see  Districts). 

Lighter-than-air  base,  so  called,  acquisition  by  United  States 
of  certain  lands  in  counties  of  Norfolk  and  Plymouth  for, 
consent  of  commonwealth  to,  etc.  .... 

Lighting  plants,  municipal   (see  Cities  and  towns,  in  general, 

linemen) . 
Limited  dividend  corporations,  under  control  of  state  housing 
board,  investigation  relative  to  .  .        Resolve 

appropriation      ........ 

Limited  town  meetings  (see  Town  meetings,  limited,  etc.). 
Lincoln,  town  of  (see  Cities  and  towns). 

Linemen,   employees  of  cities,  towns  and  districts  formerly  em- 
ployed thereby  as,  retirement  allowances  of  certain 
Linen  fire  hose  weaving,  law  requiring  installation  of  pick  clocks, 
so  called,  on  looms  in  certain  textile  factories  made  in- 
applicable to        .......  . 

Liquidations,  division  of  (see  Banking  and  insurance,  department 
of). 


Chap. 


525 
581 


626 
539 


661 


Item  or 
Section. 


1.2 


10 


1.2 


439 
635 
693 
493 

1.2 
1-3 

82 

729 

17,  Subs.  3 

708  23 
„Q.  /  2,  Subs.  4-9, 
691  \  16, 17;  3 
704        1-4 


312 
483 
592 
653 
589 


1-3 

1.2 

4 


502 

2,  Subs.l4A; 

620^  3,  Subs.  74; 

6,9,  11,  12 


583  2 

685   1,  Subs.  16 


573 
380 


564 
419 


702 


71 
683 


409 
164 


1,2 
1-7 

1 
0401-02 


1-4 


0225 


1.2 


Index.  1497 

Item  or 
Chap.  Section. 

Liquors,  intoxicating  (see  Alcoholic  beverages). 

Litchfield,  Guatavus  E.,  reimbursement  of,  by  county  of  Middle- 
sex for  certain  legal  expenses  .  .  .  .  .74  1,2 

Little  river,  estuary  of  Saugus  river,  parkway  in  tidal  waters  of, 

construction  by  city  of  Lynn  .....     262  1, 2 

Livestock,  disease  control,  division  of  (see  Agriculture,  department 

of)- 
diversification,  possibilities  of,  investigation  relative  to     Resolve       27 
sale  of,  special  licenses  for  persons  to  be  auctioneers  in,  issuance, 

etc 81 

Livingston,  Pearl  L.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  for  high- 
way purposes       ......        Resolve       64 

Loan  agencies,  banks  and,  division  of  (see  Banldng  and  insurance, 
department  of), 
supervisor  of  (see  Banking  and  insurance,  department  of). 
Loans,  banks,  by  (see  Banks  and  banking), 
county  (see  County  finance), 
credit  unions,  by  (see  Credit  unions), 
municipal  (see  Municipal  finance). 

small,  business  of  making,  the  financing  of  installment  payments 
under  contracts  for  goods,  services  or  insurance  in  certain 
cases  not  to  be  considered  to  be  engaging  in   .  .  .158  1-3 

state  (see  State  finance). 
Lobsters  (see  Fish  and  fisheries). 

Locations,  industries,  certain,  of,  change  of,  etc.,  notice  of,  required 
licenses  for  sale  of  alcoholic  beverages,  of,  transfers  of,  relative  to 
railroads,  of,  changes  of  ....... 

Lodging  houses  (see  Inns,  lodging  houses,  etc.). 
Looms,  textile  factories,  in,  pick  clocks,  installation  on,  law  requir- 
ing, made  inapplicable  to  linen  fire  hose  weaving     . 
testing  of  ......... 

LORD'S   DAY: 

birds  and  mammals,  hunting  or  trapping  of,  on  .  .  . 

fish  industry,  common  carrier  service,  railroad  terminal  facilities, 

etc.,   operation   and   maintenance   of,    on,   investigation 

relative  to  ......        Resolve 

appropriation  ........ 

"Loss  leaders",  so  called,  advertising  or  offering  for  sale  or  selling 
of  cigarettes  as,  for  the  purpose  of  injuring  competitors 
or  destroying  competition,  prohibited,  etc.      .  .  .     715  1-13 

Lowell,  city  of  (see  Cities  and  towns). 

-Dracut   state   forest,   acquisition   and  improvement  of  certain 
property  in  town  of  Dracut  as  an  addition  to,  providing 

for     .  .  .  .      _ .665 

state  teachers  college,  appropriation         .....     419  1311-00 

[4^9  r         1332-00. 
textile  institute,  appropriations        .  .  .  .  .  .  i  \  1332-31 

[730         Page  1176 
turnpike  highway,  new  state  highway  from  Billerica-Chelmsford 

line  to  North  Chelmsford  line  designated  as    .  .  .     294 

Low-rent  housing  projects  (see  Housing  authorities). 
Ludlow,  town  of  (see  Cities  and  towns). 
Lying-in  hospitals,   etc.,  licensing  of,   by  state   department  of 

public  health,  regulations  as  to      .  .  .  .  .     661  1, 2 

[,.„r     1917-00  to 
Lyman  school  for  boys,  appropriations       .         .         .         .         .  {         \         1917-23 

1 683  1917-00 

Lynn,  city  of  (see  Cities  and  towns). 

f^^gf        2937-13, 
shore,  protection  at,  cost  of  certain  repairs  for,  appropriations  .  \  \  2937-14 

[ 730  2937-13 

Lynnfleld,  Center  Water  District,  additional  water  loan  .  .     471  1, 2 

town  of  (see  Cities  and  towns). 

M. 

Machinery,  conditional  sales  of,  relative  to  .  .  .  .  .     468 

Machines,  hoisting,  operators  of,  etc.,  licenses  for,  annual  renewal 

of,  relative  to       .......  .     525  1,  2 

Mackerel  (see  Fish  and  fisheries). 


642 

578 

53 

164 
462 

599 

2.  Subs.  58 

67 
683 

0223 

1498 


Index. 


Magistrates,  inquests  in  casea  of  death  involving  motor  vehicles 
carrying  passengers  for  hire,  evidence  at,  report  of,  to 
department  of  public  utilities  by  . 

Mailing  room,  central,  appropriations         ..... 

postmaster  and  assistant  postmaster  of,  positions  of,  placed 
under  commission  on  administration  and  finance  and 
under  civil  service         ...... 

Maine,  state  of,  marine  fisheries  along  Atlantic  seaboard,  compact 
relative  to,  between  commonwealth  and,  etc.,  approval, 
ratification,  etc.  ....... 

Maiden,  city  of  (see  Cities  and  towns). 

river  bridge,  repairs  to,  appropriation       .... 

Malibu  beach,  so  called,  Dorchester  district  of  city  of  Boston,  in 
grading  and  sanding  of  ....  . 

Malt  beverages  (see  Alcoholic  beverages). 

Mammals  (see  Game  and  inland  fisheries:    birds  and  mammals). 

Manicuring,  occupation  of,  and  of  hairdrcssing,  further  regulated 

Mansfield,  town  of  (see  Cities  and  towns).  ' 

Manual  for  the  general  court,  allotment  of,  to  state  library,  in- 
creased       ........ 

printing  of,  appropriation        ...... 

Manufacturing  corporations,  taxation  of  (see  Taxation,  corpora- 
tions, of). 

Manufacturing  establishments,  certain,  commencement  or  change 
of  location  of,  notice  of,  required  ..... 

Maps,  topographic,  issued  by  state  departments,  printing  of,  rela- 
tive to         ........  . 

See  also  Massachusetts  co-ordinate  system. 

March  seventeenth,  legal  holiday  in  Suffolk  county,  making  a 

Marine  fisheries  (see  Fish  and  fisheries). 

division  of  (see  Conservation,  department  of). 

Marines  (.see  Military  and  naval  service  of  the  United  States ;  Soldiers, 
sailors  and  marines;  Veterans). 

Marion,  town  of  (see  Cities  and  towns). 

Marketing  Administration,  United  States  Department  of  Agricul- 
ture, of,  surplus  commodities  of,  acceptance  of,  by  com- 
monwealth, and  distribution  under  food  stamp  plan,  au- 
thorized     ......... 

Markets,  division  of  (see  Agriculture,  department  of). 

Marking,  hot  water  tanks,  of,  regulated         ..... 

Marlborough,  city  of  (see  Cities  and  towns). 

Marriage,   certificates,  certain,  relating  to,  no  longer  required  to 
state  provision  of  law  under  which  same  are  issued  . 
certificates  of  intention  of,  non-resident  minors,  application  by, 

for,  consent  of  parent  or  guardian  required  in  case  of 
notices  of  intention  of,  filing  of,  physical  examination  prerequi- 
site to,  etc.  ........ 

Marshal,  state  fire  (see  Public  safety,  department  of). 

Marshfield,  town  of  (see  Cities  and  towns). 

Martha's  Vineyard,  Big  Homers  pond  in  town  of  West  Tisbury  on, 
taking  of  fish  from,  except  by  fly  fishing,  penalized  . 

Martin,  Delia,  payment  by  commonwealth  of  sum  of  money  to,  as 
compensation  for  certain  property  taken  for  highway 
purposes     .......        Resolve 

Maryland,  state  of,  marine  fisheries  along  Atlantic  seaboard,  com- 
pact relative  to,  between  commonwealth  and,  etc.,  ap- 
proval, ratification,  etc.  ...... 

Mashpee,  advisory  commission,  existence  extended  and  authority 
thereof  enlarged  ....... 

town  of  (see  Cities  and  towns). 


Massachusetts,  aeronautics  commission,  appropriations 


Bedford  airport,  so  called,  lands  necessary  to  be  acquired  for, 
certification  to  department  of  public  works  by 

Boston  airport,  so  called,  certain  improvements  at,  powers 
and  duties  in  connection  with        ..... 

powers  of,  further  regulated         ...... 


Chap. 

499 
419 

683 

433 

489 
730 

586 

626 


329 
419 


642 

428 

91 


Item  or 
Section. 


0416-07, 
0416-16 

0415-12, 
0415-13 


1-4 

1-6 
2937-03 

1-13 
0102-03 


1,2 


634 
518 

50 


1.2 
1-4 


270 

2 

601 

1-4 

697 

1-3 

157 


59 


1,  2 


489 

1-6 

189 

1,2 

419  1 
683 
730  { 

0442-01, 
0442-02 
0442-01 

0442-01, 
0442-02 

268 

1 

695 
695 

7 
13 

Index. 


1499 


Chap. 
Massachusetts  —  Continued. 

archives,  reproduction  of  manuscript  collection,  appropriation     419 

Association  of  Handicraft  Guild,  commissioner  of  education  and 
chairman  of  state  planning  board,  in  investigating  prob- 
lems connected  with  stimulation  of  handicrafts,  to  confer 
with  .  .  .  .  .  .  .     Resolves  13,  50 

Bay  Colony,  house  of  representatives  of,  journal  of,  purchase 

and  distribution  of  copies  of,  appropriation     .  .  .     419 

board  for  the  promotion  of  opportunities  for  young  people,  estab- 
lishment, powers,  duties,  etc.  .....     646 

civil  war,  soldiers,  sailors  and  marines  who  served  in,  to  credit 
of,  distribution  of  records  of,  to  certain  members  of  general 
court         • .  .  .  .  .  .  .        Resolve       15 

commission  on  the  employment  problems  of  negroes,  appropria- 
tion    222 

co-ordinate  system,  system  of  plane  co-ordinates  for  designating 
and  stating  positions  of  points  on  surface  of  earth  within 
commonwealth  to  be  known  as      .  .  .  .  .47 

development  and  industrial  commission,  appropriations      .  .     419  < 

establishment  of  places  of  business  in  town  of  Millville,  inves- 
tigation relative  to,  by  .  .  .  .        Resolve       33 

secretary    and    certain    other    employees    of,    act    promoting 
equality  of  compensation  for  positions  in  state  service, 
as  affecting  ........     596 

emergency  commission,  established,  powers,  duties,  etc.    .  .     719 

Farm  Bureau  Federation,  Incorporated,  commissioner  of  educa- 
tion and  chairman  of  state  planning  board,  in  investigat- 
ing problems  connected  with  stimulation  of  handicrafts, 
to  confer  with      ......     Resolves  13,  50 

flag  of,  inscriptions  on,  relative  to  .  .  .  .  .  .117 

Historical  Society,-  librarian  of,  powers  and  duties  of,  in  connec- 
tion with  New  England  Deposit  Library,  etc.  .  .  .     240 

Hospital  Association,  advisory  committee  on  hospitals  or  sana 
toria,  to  recommend  members  of  . 


Item  or 
Section. 


0502-01 


0502-02 
1-4 


1,2 


1603-01, 
1603-02 


17A 
1-5, 11 


hospital  school,  appropriations         ...... 

Institute  of  Technology,  librarian  of,  powers  and  duties  of,  in 

connection  with  New  England  Deposit  Library,  etc. 
Medical  Society,  medical  service  plans,  non-profit,  law  providing 

for,  as  affecting   ........ 

Military  Academy,  courses  of  instruction,  offering  to  selected 

enlisted  men  and  commissioned  officers  of  organized  militia 

..by 

military  units,  certain,  additional  allowances  for  expenses  of, 

providing  for       ......        Resolve 

national  guard  (see  Militia). 

nautical  school,  appropriations         ..... 


reformatory,  appropriations    ..... 

visiting,  regulated       ...... 

reports,  so  called,  printing  of,  appropriation 

school  of  art,  appropriation    ..... 

Soldiers'  Home  in  (see  Soldiers'  Home  in  Massachusetts). 

state  college,  appropriations  ..... 


661 
419 

240 
334 

395 
41 

419 

,683 

419/ 

730 
237 
419 
419 

419 
683 


1,2 

1-8 

1,  Subs.  72A 

1918-00  to 

1918-22 

1-8 
Subs.  1,  3,  5 


1306-01  to 

1306-10; 

Page  479 

1306-10 

1805-00  to 

1805-24 

4411 

1,2 

0503-02 

1321-00 

1341-00  to 
1341-94 

1341-00  to 
1341-97 


extension  service  of,  commissioner  of  education  and  chairman 
of  state  planning  board,  in  investigating  problems  con- 
nected with  stimulation  of  handicrafts,  to  confer 
with  .  .  .  .  .  ...  .      Resolves  13, 50 

trustees  of,  authorized  to  experiment  in  cultivation  of  beach 

plums      .........     534 

appropriation       ........     683 

state  grange,  commissioner  of  education  and  chairman  of  state 
planning  board,  in  investigating  problems  connected  with 
stimulation  of  handicrafts,  to  confer  with        .     Resolves  13,  50 


1341-97 


1500 


Index. 


Massachusetts  —  Concluded. 

state  guard,  tablet  or  memorial  in  state  house,  commemorating 
services  of,  provision  for        ....        Resolve 
See  also  iVlilitia,  state  guard. 


training  schools,  trustees  of,  appropriations 


Chap. 


39 


419 


land,  certain,  of  the  commonwealth  in  town  of  Lancaster,  con- 
veyance of,  by,  to  United  States   ..... 

volunteer  militia  (see  Militia). 
See  also  Commonwealth. 
Maternity  hospitals,  etc.,  licensing  of,  by  state  department  of  pub- 
lic health,  regulations  as  to  . 
Matrimony  (see  Marriage). 

Mattresses  (see  Bedding  and  upholstered  furniture). 
MAYORS : 

animals,  inspectors  of,  appointment  by    ..... 

borrowing  of  money  by  cities,  puljlic  welfare,  soldiers'  benefits, 
federal  emergency  unemployment  relief  projects  and  fed- 
eral surplus  commodity  stamp  plan  on  account  of,  ap- 
proval by    ........  . 

tax  titles,  based  upon,  approval  by       ....  . 

budgets  in  cities  other  than  Boston,  powers  and  duties  as  to, 
further  regulated  ....... 

city  treasurers,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to 
collectors  of  taxes,  etc.,  bonds  of,  powers  and  duties  as  to  . 
election  officers  in  certain  cities,  powers  and  duties  as  to    . 
federal  surplus  commodity  stamps,  sale  by  cities,  use  of  receipts 

from,  powers  and  duties  as  to         . 
horse  and  dog  racing  meetings  at  which  pari-mutuel  system  of 
betting  is  permitted,  location  of  tracks  for  holding  of, 
approval  by,  not  required  in  case  of  such  meetings  held 
in  connection  with  a  state  or  county  fair 
insane  persons,  permanent  guardians  of,  removal  of,  petitions 
for,  by,  etc.  ........ 

lands,  municipally  owned,  formerly  held  under  tax  titles,  care, 

leasing  and  disposal  of,  powers  and  duties  as  to      . 
military  emergency,  safety  of  commonwealth  in  time  of,  powers 
and  duties  as  to  ....... 

military  or  naval  service,  in,  filling  of  office  of,  etc.    . 
retirement  systems,  contributory,  in  cities,  provisions  of,  extension 
to  certain  districts,  certain  notice  in  connection  with,  to   . 
shellfish  constables,  designation  of,  by      . 
McCann,  Anne,  heirs  of,  payment  of  claim  of,  appropriation  . 
McElroy,  Clarence  M.,  reimbursement  of,  by  county  of  Middlesex 
for  certain  legal  expenses       ...... 

McLean  hospital,  habit  forming  stimulants  or  sedatives,  persons 

addicted  to  intemperate  use  of,  commitment  to,  etc. 

military  or  naval  forces  of  United  States,  persons  in,  who  are 

suffering  from  mental  diseases,  care  of,  in        .  .  . 

Meals,  county  officials  and  employees,  reimbursement  for  expenses 

of,  in  certain  cases,  regulated         .  .  .  . 

hours  and  labor  for  women  and  children  in  hotels  serving,  rela- 
tive to         ........  . 

served  to  public,  excise  on  charges  for  certain,  imposition  of,  to 
be  used  for  old  age  assistance  fund         .... 

state  officials  and  employees,  reimbiu'sement  for  expenses  of,  in 
certain  cases  regulated  ...... 

Measures  (see  Weights  and  measures). 

Mechanical  engineer,  term,  engineers  and  land  surveyors,  registra- 
tion of,  law  providing  for,  not  to  restrict  use  of,  etc. 

Mechanical  establishments,  commencement  or  chance  of  loca- 
tion of  certain,  notice  of,  required  .  .  .  . 

Mechanics,  municipal,  vacations  for  .  .  .  .  . 

Medfield,  state  hospital,  appropriations  ..... 

town  of  (see  Cities  and  towns). 
Medford,  city  of  (see  Cities  and  towns). 


683 


146 


661 


162 


92 
129 

473 

99 
308 
432 

66 


295 

325 

296 

719 
708 

386 

598 
419 

74 

655 

481 

528 

574 

729 
144 

147 
419 


Item  or 
Section. 


1908-01. 
1908-02, 
1915-00  to 
1917-23 
1915-00  to 
1917-00 


1.2 


1.2 


1-3 


1,2 


1,2 

4,5 
10 


1.  Subs.  98 
2820-03 

1.2 

1,2 


17 
2 
2 

4 


643     2.  Subs.  810 


642 
368 

419  I 

730 


1716-00  to 

1716-27 

Page  1176 


Index. 


1501 


Medical  examiners,  fees  of,  appropriations 

industrial  accidents,  department  of,  notice  of  death  in  certain 

cases  to  be  given  to,  by         .  . 

military  or  naval  service,  in,  performance  of  duties  of,  when,  etc. 

Medical  service  corporations,  formation  of  ...  . 

Medicine,  board  of  registration  in  (see  Civil  service  and  registra- 
tion, department  of), 
practice   of,   medical   service   corporations,   certain,   not   to   be 
deemed  to  be  engaged  in       .....  . 

veterinary,  board  of  registration  in  (see  01%^!  service  and  regis- 
tration, department  of). 

Melrose,  city  of  (see  Cities  and  towns). 

Memorial  Day,  observance  by  cities  and  towns,  under  auspices  of 
certain  organizations    .  .  ^       . 

Memorial  drive,  traffic  lights,  installation  of,  on,  appropriation 

Memorial    Hospital,  The,  in   the   city   of   Worcester,  number  of 
trustees  of,  increased    ....... 

Menemsha  creek,  Chilmark  and  Gay  Head,  towns  of,  in,  improve- 
ments in,  contributions  to  cost  of,  by  said  towns    . 
state  reappropriation  ....... 

Mental  diseases  (see  Defective  delinquents;   Insane,  feeble-minded 
and  epileptic  persons;    Mental  health,  department  of). 

MENTAL  HEALTH,  DEPARTMENT  OF: 


in  general,  appropriations 


guardians,  permanent,  of  insane  persons,  removal  of,  petitions 
for,  by        ........  . 

inebriates,  bureau  for  care  of,  establishn>ent  of,  investigation 
relative  to,  by     .  .  .  .  .  .        Resolve 

institutions  under  jurisdiction  of,  inmates  of  cei'tain,  guardians 
and  conservators  of,  allowance  of  accounts  of,  further 
regulated,  and  relative  to  collection  of  sums  due  for  sup- 
port of  such  persons     ....... 

law  regulating  licensing  of  hospitals  and  sanatoria  not  to  ap- 
ply to  .  .  .  .  .  .  _         . 

military  or  naval  forces  of  United  States,  persons  in,  who  are 
suffering  from  mental  disease,  care  of  in  state  hospitals 
for  insane,  powers  as  to  . 

name  of  department  of  mental  diseases,  change  of,  to,  act 
making  certain  changes  in  general  laws  necessitated  by    . 

Tewksbury  state  hospital  and  infirmary,  transfer  of  insane  to 
and  from  wards  of,  powers  as  to    . 
commissioner,   delinquent  children,  mental  and  physical  ex- 
aminations of,  under  rules  and  regulations  prescribed  by 

fiscal  year  of  commonwealth,  change  in,  as  affecting  certain 
powers  and  duties  of    . 

mentally  deranged  persons  awaiting  transfer  from  hospitals 
in  other  states,  hospitalization  of,  upon  request  of  . 

prisoners,  insane,  etc.,  committed  to  Bridgewater  state  hos- 
pital, discharge  by        ......  . 

mental  hygiene,  division  of,  appropriations 

Mental  hygiene,  division  of  (see  Mental  health,  department  of). 

Mercantile  establishments,  commencement  or  change  of  location 
of  certain,  notice  of,  required  ..... 

women  and  children  employed  in,  certain  provisions  of  forty- 
eight  hour  law,  so  called,  not  to  apply  to       . 

Merchandise  (see  Goods). 

Meridian  street  bridge.  East  Boston  and  Chelsea,  between,  con- 
struction, reconstruction,  etc.,  of  . 

Merit  system,  so  called,  local  boards  of  public  welfare,  certain 
officers  and  employees  of,  for,  establishment  of,  and  vali- 
dation of  action  under  merit  system  installed  and  admin- 
istered by  deijartment  of  public  welfare  at  instance  of 
federal  social  security  board  .  .  .•  . 

Mesne  process,  attachment  of  property  by  trustee  process  on  (see 
Trustee  procesa) . 


Chap. 

1419 
/683 

366 

708 

\306 

/334 


334 


Item  or 
Section. 

0505-01 
0505-01 


14 


Subs.  2 


217 
419 

2 
2937-10 

218 
419 

1.  2 

1.2 

Page  474 

419 

■  683 

730 

f     1701-01  to 
1           1725-25 
f     1701-04  to 

1725-00 
[     Page  1165; 

1714-23 

325 

73 

398 

661 

1.  Subs.  71 

481 

194 

1-21 

706 

327 

656 

14,  17 

645 

2 

216 
/419 
1683 

2 

1702-00 
1702-00 

642 

574 

178 


402 
588 


1,2 

1-9 
1-3 


1502  Index. 


Item  or 
Chap.  Section. 

Messengers  (see  Court  officers  and  messengers) . 
Metropolitan    Boston    area,    transportation    facilities    in    and 
around,  co-ordination  of,  investigation  relative  to,  con- 
tinued        .......        Resolve       43 

appropriation     .........     683  0204 

METROPOLITAN   DISTRICT    COMMISSION: 

f 


in  general,  appropriations 


419 


730 


2931-00  to 
2937-15, 

8502-00  to 
8902-24 

2931-00  to 
2937-16; 

Page  1172, 

8602-00  to 
8902-26; 

Page  1175 


Arlington,  town  of,  land,  certain,  in,  acquisition  of,  for  water 

supply  purposes  by      ......  .     464 

Auburn  water  district,  water  supply  for,  by  ...     570  2 

Boston,  city  of,  relation  of  said  city  to  and  its  share  of  expenses 

of,  investigation  relative  to  ....     Resolves  45,  91 

boulevards  and  parkways  under  jurisdiction  of,  assessments 
upon  cities  and  towns  in  metropolitan  parks  district  on 
account  of,  application  by  said  cities  and  towns  of  por- 
tion of  Highway  Fund  received  from  commonwealth  to 
payment  of       _  .  .  .  .  .  .  .  .     420  2 

Boylston,  town  of,  water  supply  for,  from  Wachusett  reser- 
voir on  south  branch  of  Nashua  river,  approval  by  .     651  2 

Cape  Cod,   communities  on,  radial  highway  to  Boston  for, 

need  of,  investigation  relative  to,  etc.,  by  Resolve       29 

Charles  river,  pollution  of,  further  prevention  of,  act  provid- 
ing for,  not  to  affect  certain  powers  of   .  .  .  .     353 

Charlton  water  district,  water  supply  for,  by  .  .  .     568  2 

cities  and  towns,  development  and  use  by,  of  sources  of  water 

supply  within  their  own  limits,  powers  as  to   .  .  .     465  1 

contracts,  certain,  making  and  awarding  by,  further  regulated     547  1,  2 

Dana,  former  town  of,  welfare  relief  furnished  to  certain  in- 
habitants of,  reimbursement  for,  by        ...  .     536  1, 2 

divisions  of,  directors  of,  act  promoting  equality  of  compen- 
sation for  positions  in  state  service,  as  affecting       .  .     596  23 

Dorchester  district  of  Boston,  highway  traffic  through,  etc., 

investigation  relative  to,  by  ...        Resolve       29 

Enfield,  former  town  of,  welfare  relief  furnished  to  certain 

inhabitants  of,  reimbursement  for,  by    .  .  .  .     536  1,  2 

fiscal  year  of  commonwealth,   and   fiscal   biennium   thereof, 

act  establishing,  not  to  include      .....     509  1 

change  in,  as  affecting  certain  budget  estimates,  etc.,  of       .     656        4,  5,  12,  17 

Greenwich,  former  town  of,  welfare  relief  furnished  to  certain 

inhabitants  of,  reimbursement  for,  by    .  .  .  .     536  1,  2 

Malibu  beach  in  Dorchester  district  of  Boston,  grading  and 

sanding  of,  by     .  .  .  .  .  .     586 

metropolitan  water  supply  system,  furnishing  of  water  from, 
to  certain  additional  cities  and  towns,  powers  and  duties 
as  to .727  1,  2, 4,  6 

Milton,  town  of,  radial  highway  from  Boston  to,  investigation 

relative  to,  etc.,  by       ....  .        Resolve       29 

Neponset  bridge  in  Quincy,  radial  highway  from  Boston  to, 
investigation  relative  to,  etc.,  by  .  .  .        Resolve 

police  force  of,  authorized  to  patrol  Quabbin  reservoir    . 
one  day  off  in  every  six  days  for  members  of      . 

two-way  radio  equipment  for,  appropriations 

Prescott,  former  town  of,  welfare  relief  furnished  to  certain 
inhabitants  of,  reimbursement  for,  by    . 

Quincy,  city  of,  Neponset  bridge  in,  radial  highway  from 
Boston  to,  investigation  relative  to,  etc.,  by   .        Resolve 

Saugus,  town  of,  supply  water  to,  by    . 

sewage  disposal  needs  of  north  and  south  metropolitan  sewer- 
age districts,  construction  and  maintenance  of  additional 
works  to  meet,  powers  and  duties  in  connection  with 

Southborough,  town  of,  taking  of  water  by,  from  pressure 
aqueduct  and  tunnel  of  metropolitan  water  system, 
powers  and  duties  as  to        .  .  .  .  .  .     644 


29 

461 

658 

/419 

\730 

1.2 
2937-15 
2937-15 

536 

1.2 

29 
566 

1-3 

720 

2.  8.  13.  14 

Index.  1503 

Item  or 
Chap.  Section. 

METROPOLITAN    DISTRICT    COMMISSION  —  Concluded. 
in  general  —  Concluded. 

south  metropolitan  sewerage  district,  additional  sewerage  works 
for  Dorchester  district  of  Boston  and  town  of  Milton,  in- 
vestigation relative  to,  by,  etc.      .  .  .        Resolve       93 

Wachusett  reservoir  on  south  branch  of  Nashua  river,  water 

supply  from,  for  town  of  Boylston,  approval  by       .  .     651  2 

chairman,  Quabbin  i-eservoir,  use  of,  by  additional  municipali- 
ties for  water  supply  purposes,  and  relation  of  city  of 
Boston  to  and  its  share  of  expenses  of  metropolitan  dis- 
trict commission,  special  commission  to  investigate  as  to, 
to  be  member  of  .....        Resolve       91 

traffic  congestion,  proposed  improvements  for  relief  thereof, 
and  certain  other  matters  relating  to  motor  vehicles,  spe- 
cial commission  to  investigate  as  to,  to  be  or  to  designate 
a  member  to        .....  .        Resolve       75 

metropolitan  planning,  division  of,  abolished,  and  powers 

and  duties  thereof  transferred  to  the  state  planning  board     466  1-8 

appropriation .419  8502-00 

Braintree,  town  of,  highway  as  by-pass  of  Weymouth  landing, 

so  called,  construction  in,  investigation  as  to,  by     Resolve       26 
Mystic  river,  bridge  over,  between  cities  of  Boston  and  Chel- 
sea, laying  out  and  construction  of,  investigation  relative 
to,  by  ......  .        Resolve       30 

rapid  transit  facilities  for  East  Boston,  Chelsea,  Winthrop, 
Revere,    etc.,    providing    for,    investigation    relative    to, 

by Resolve       28 

Weymouth,    town    of,    highway    as    by-pass    of    Weymouth 
landing,   so  called,   construction  in,  investigation  as  to, 
by      .......  .        Resolve       26 

sewerage  division,  director  and  chief  engineer  of,  to  be  mem- 
ber of    metropolitan    district    water    supply  commission 
in  connection  with  further  providing  for  sewage  disposal 
needs  of  metropolitan  sewerage  districts,  etc.  .  .     720  1 

Metropolitan  district  of  Hartford,  Connecticut,  water  bureau 
of,  land  held  by,  in  towns  of  Tolland  and  Granville,  pay- 
ments in  lieu  of  taxes  on,  regulation  of  .  .  .  .     498 

METROPOLITAN   DISTRICTS: 

parks  district.  Highway  Fund,  portion  of,  received  by  cities 
and  towns  in,  application  to  payment  of  certain  assess- 
ments for  parkway  and  boulevard  purposes    . 

sewer  districts,  north  district,  appropriations 

relief  sewer,  extension  from  East  Boston  to  Deer  island, 
etc.    .......... 

sewage  disposal  needs  of,  additional  provisions  for,  making 

of 

south  district,  additional  sewerage  works,  Dorchester  district 
of  city  of  Boston  and  town  of  Milton,  for,  investigation 
relative  to  ......       Resolve 

appropriations         ........ 

Nut  island  in  city  of  Quincy,  sewage  treatment  plant,  etc., 
construction,  etc.  ....... 

sewage  disposal  needs  of,  additional  provisions  for,  making 
of 

sludge  disposal  equipment  for,  providing  for 

water  district,  appropriations 

Auburn  water  district,  water  supply  for,  from 

Charlton  water  district,  water  supply  for,  from 

New  Salem,  town  of,  installation  of  heating  and  ventilating 

equipment  in  town  hall,  use  for,  of  money  received  from 

sale  of  real  estate  for  purposes  of  .  .  .  .  .3  1, 2 

Saugus,  town  of,  taking  of  water  by,  from,  not  to  constitute 

said  town  a  member     .......     566  2 

Southborough,   town  of,   taking  of  water  by,   from  pressure 

aqueduct  and  tunnel  of  water  supply  system  of        .  .     644  1-4 

water  supply  system  of,  furnishing  of  water  from,  to  certain  f  727  1-7 

additional  cities  and  towns,  relative  to  .  .  .  .  \  728  5 


420 

2 

419  1 

8802-00, 

8802-22 

730 

8802-00 

720 

1 

720 

1-15 

728 

4 

93 

419  { 

8807-00. 
8807-23 

730 

8807-00 

720 

1 

720 

1-15 

728 

4 

720 

1 

419  1 

8902-00  to 
8902-^4 

730 

8902-00 

570 

2 

568 

2 

1504 


Index. 


Item  or 
Chap.  Section. 

Metropolitan    district    water    supply    commission,    contracts, 

certain,  making  and  awarding  by,  further  regulated        .     547  1, 2 

fiscal  year  and  fiscal  biennium  of  commonwealth,  act  establish- 
ing, not  to  include        .......     509  1 

Quabbin  reservoir,  use  of,  by  additional  municipalities  for  water 
supply  purposes,  and  relation  of  city  of  Boston  to  and  its 
share   of  expenses  of  metropolitan   district   commission, 
investigation  relative  to,  by  .  .  .     Resolves  45,  91 

reimbursement   by,    of  Hampden   county  for  expense   to   said 
county  of  certain  litigation  arising  out  of  establishment 
of  metropolitan  water  supply  system  within  its  boundaries     384  1-3 

sewage  disposal  needs  of  north  and  south  metropolitan  sewerage 
districts,  etc.,  further  providing  for,  powers  and  duties  as 
to,  enlargement  of  membership  for  purposes  thereof,  etc.     720  1-15 

Metropolitan  planning,   division  of   (see   Metropolitan  district 

commission). 
Metropolitan  state  hospital,  appropriation  ....     419  1717-00 

Metropolitan  water  district   (see   Metropolitan  districts,  water 

district) . 
Micro -photographic  process,  hospital  records,  making  of,  by,  etc.     389  1,  2 
public  records,  making  of,  by,  use  thereof  in  evidence,  etc.,  pro- 
viding for 662  1. 2 

MIDDLESEX   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     528  1 

court  officers,  certain,  of,  legal  expenses  incurred  by,  reimburse- 
ment by  said  county,  authorized   .  .  .  .  .74  1,2 

district  court,  first,  of  eastern  Middlesex,  additional  court  ofiicer 

for 348 

Somerville,  of,  additional  accommodations  for,  providing  by       48  1—4 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in        .........       47 

probate  judge,  special,  for,  salary  established   ....     503 

tax  levy ,     .  528  1 

Middlesex  County  Electric  Company,  lines,  poles,  etc.,  of,  in 

certain  towns,  locations,  etc.,  validated  .  .  .     Ill  1,2 

Middleton,  town  of  (see  Cities  and  towns). 
Migratory  birds  (see  Game  and  inland  fisheries). 
Mileage  rates,  minimum,  for  special  or  chartered  buses,  establish- 
ment of,  by  department  of  public  utilities       .  .  .     480 
Milford,  town  of  (see  Cities  and  towns). 
Military,  aid  (see  State  aid,  military  aid  and  soldiers'  relief). 

and  naval  service  of  the  United  States  (see  Military  and  naval 

service  of  the  United  States;  Soldiers,  sailors  and  marines; 

Veterans). 

emergency,  safety  of  commonwealth  in  time  of,  providing  for 

expenses,  special,  appropriation       ...... 

reservation    commission,    special,   jurisdiction    over    portion   of 
Shawme  state  forest    ....... 

reservation,  state,  Barnstable  county,  in,  development  of,  ap- 
propriation ........ 

Military  Academy,  Massachusetts  (see  Massachusetts  Military 

Academy). 
MILITARY  AND  NAVAL  SERVICE  OF  THE  UNITED  STATES: 
armory   commission,   major  general   commanding   twenty-sixth 
division,    Massachusetts  national   guard,   as  member  of, 
appointment  of  person  to  act  as  such  member  in  case 
said  major  general  is  relieved  from  duty  in  said  guard  by 
reason  of  being  in,  etc.  ......        19 

commissioned  medical  officer  in,  certificate  signed  by  a,  that 
parties  to  intended  marriage  have  been  examined,  filing 
with  notice  of  intention  of  marriage        ....     097  1-3 

mentally    deranged    persons,    immediate    hospitalization    of, 

upon  request  of  a  .  .  .  .  .  .  .     045  2 

co-operative  banks,  loans,  direct  reduction,  by,  on  real  estate, 

suspension  of  payments  on,  by  persons  in        .  .  .     293       l.Subs.  36C 

shares,  certain,  of,  owned  by  persons  engaged  in,  or  by  their 

dependents,  temporary  suspension  of  payments  on  .116 

military  reservation  commission,  special,  major  general  com- 
manrling  twenty-sixth  division,  Massachusetts  national 
guard,  as  an  associate  commissioner  of,  appointment  of 
person  to  act  as  such  associate  commissioner  in  case  said 
major  general  is  relieved  from  duty  in  said  guard  by  rea- 
Bon  of  being  in,  etc.      .......       20 


719 
419 

1-12 
0411-01 

5 

1-3 

419 

0403-17 

Index. 


1505 


MILITARY  AND  NAVAL  SERVICE  OF  THE  UNITED  STATES 

—  Concluded. 
persons  in,  contingencies  arising  in  connection  with  service  of, 
act  meeting  ........ 

sporting,  hunting,  fishing  and  trapping  licenses,  issuance  to     . 
suffering  from  mental  disease,  care  of,  in  state  hospitals 
unemployment  compensation  payments  to,  upon  termination 
of  service,  relative  to    . 
real  estate  mortgages  in  which  soldiers  or  sailors  may  be  inter- 
ested, judicial  determination  of  rights  to  exercise  powers 
of  sale  to  foreclose        ....... 

re-employment  in  their  former  positions  of  persons  who  leave 
same  upon  being  called  for,  under  Selective  Service  and 
Training  Act  of  1940  and  are  rejected  for  such  service 
Military  convoy  vehicles,  permitted  to  be  driven  through  intersec- 
tions of  ways  contrary  to  traffic  signs  or  signals  thereat 
in  certain  cases    ........ 

Military  reservation  commission,  special,  general  officer  of  land 
forces  to  be  appointed  to  act  in  certain  cases  as  an  asso- 
ciate commissioner  of  . 
MILITIA: 

in  general,  appropriations       ....... 

convoy  vehicles,  military,  permitted  to  be  driven  through 
intersections  of  ways  contrary  to  traffic  signs  or  signals 
thereat  in  certain  cases  .  . 

federal  service,  certain  units  inducted  into,  additional  allow- 
ances for  expenses  of,  providing  for        .  .       Resolve 
Groves,  William  J.,  payment  by  commonwealth  of  sum  of 
money  to,  on  account  of  injuries  received  while  on  duty 
with  .          ...          .          .          .  .        Resolve 

Harrison,  John,  killed  by  lightning  while  in  performance  of  duty 
as  employee  of  military  department  of  commonwealth, 
payment  of  sum  of  money  to  widow  of,  extending  time 
for    • .         .•  .  .     •  •  ■  •  •  •        Resolve 

twenty-sixth  division,   Massachusetts  national  guard,  major 
general  commanding,  as  an  associate  commissioner  of 
the  special  military  reservation  commission,  appoint- 
ment in  certain  cases  of  person  to  act  as  such  associate 
commissioner  in  lieu  of  said  major  general 
as  member  of  armory  commission,  appointment  in  cer- 
tain cases  of  person  to  act  as  such  member  in  lieu  of 
said  major  general    ....... 

adjutant  general,  appropriation       ...... 

military  or  naval  service,  persons  in,  reinstatement  of,  by 

former  employers,  etc.,  powers  and  duties  as  to 
military  um'ts  inducted  into  federal  service,   certain,   addi- 
tional allowances  for  expenses  of,  making  by  .       Resolve 

armories,  appropriations  ....... 

superintendent  of,  appropriation  ..... 

armory  commission  (see  Armory  commission). 

commander-in-chief,  general  officer  of  land  forces,  appointment 

by,  to  act  as  an  associate  commissioner  of  the  special 

military  reservation  commission  in  certain  cases 

appointment  by,  to  act  as  member  of  armory  commission 

in  certain  cases    ........ 

Massachusetts  Military  Academy,  courses  of  instruction  at, 
offering  to  selected  enlisted  men  and  commissioned  officers 
of  organized  militia,  powers  as  to  . 
judge  advocate,  state,  appropriation         ..... 

land  forces,  general  officer  of,  appointment  of,  to  act  as  an  as- 
sociate member  of  the  special  military  reservation  com- 
mission in  certain  cases         ...... 

appointment  of,  to  act  as  member  of  the  armory  commission 
in  certain  cases    ........ 

Massachusetts  Military  Academy,  courses  of  instruction  at,  for 
selected  enlisted  men  and  commissioned  officers  of  organ- 
ized militia  ........ 


Chap. 

708 
599 
481 

701 

25 

442 

318 

20 

419  I 
730 

318 
41 

•58 
25 

20 


Item  or 
Section. 


1-25 
2,  Subs.  8 


1-7 
1.2 


0403-01  to 

0404-31 

Page  1168 


419 

0402-01 

708 

16 

41 

419 

730 
419 

0406-04; 
0406-05, 
0409-24 
Page  1168 
0405-02 
1.2 

20 

19 

395 

419 

0408-01 

20 

19 

395 


1506 


Index. 


MILITIA  —  Concluded. 

military  reservation  commission,  special  (see  Military  reservation 

commission,  special), 
naval  forces,  organization  and  equipment  of,  further  providing  for 
property  and  disbursing  officer,  appropriation 

quartermaster,  state,  appropriations         ..... 

salary  of  .........  . 

state  guard,  uniforms  and  equipment  for,  appropriations  . 

superintendent,  armories,  of,  appropriation       .... 
arsenal,  of,  appropriation    ....... 

surgeon,  state,  appropriations  ...... 

Milk,  sale  of,  etc.,  and  other  surplus  agricultural  commodities,  under 

federal  food  stamp  plan,  relative  to         . 

See  also  Federal  emergency  laws,  Surplus  Commodity  Stamp 

Plan,  so  called. 

vehicles  used  in  business  of  selling,  use  of  word  "dairy"  on, 

restricted    ......... 

See  also  Dairv  farms. 
MILK   CONTROL   BOARD: 


Chap. 


458 
419 

419 

68.3 
7.30 
577 
■  2 
419 
419 
419 

419 


634 


298 


appropriations 


milk  control,  division  of,  created  in  department  of  agriculture 

under  supervision  of     . 
powers  and  duties  further  defined,  etc.     ..... 

term  of  office  further  extended         ...... 

Milk  control,  division  of,  creation  of,  in  department  of  agriculture, 

under  supervision  of  milk  control  board,  etc. 
MILK   CONTROL   LAW: 

co-operative  associations  ....... 

definitions    .......... 

enforcement  ......... 

fees  and  assessments      ........ 

licenses         .......... 


penalties 


prices,  terms  and  conditions  ....... 

procedure     .......... 

records  and  reports,  dealers,  of,  inspection  of,  etc. 

review  of  orders,  rules,  decisions,  etc.       ..... 

transactions,  certain,  prohibited      ...... 

Miller,  Samuel,  reimbursement  of,  by  county  of  Middlesex,  for  cer- 
tain legal  expenses        .  .  .  . 

Millers  river,  establishment  of  restricted  areas  in,  for  breeding  of 
trout  ......... 

Millville,  town  of  (see  Cities  and  towns). 
Milton,  town  of  (see  Cities  and  towns). 

Mineral  waters,  bottling,  sale,  etc.,  of,  rules  and  regulations  con- 
cerning, penalty  for  violations  of  . 
Minimum    wage    service,   department    of  labor  and    industries, 
appropriations     ........ 

Mining  engineer,  term,  engineers  and  land  surveyors,  registration 

of,  law  providing  for,  not  to  restrict  use  of,  etc. 
Minors,  adoption  by,  of  their  natural  children,  petitions  for    . 

apprentice  agreements  entered  into  by,  approval  of,  by  parents 
thereof        ......... 

bicycles,  operation  of,  by,  regulated  .  .  _        . 

crime,  charged  with,  care  of,  pending  examination  or  trial,  rela- 
tive to         ........  . 

hours  of  labor  of,  hospitals,  in  .....  . 

mercantile  establishments,  hotels,  private  clubs  and  amuse- 
ment places,  in    . 


419 

683 
730 

691 

691 

/418 

1631 

691 

691 
691 
691 
691 

691 

691 

691 


Item  or 

Section. 


0403-22 

0405-01  to 

0406-07 

0405-01 

Page  1168 

1.  2 

1,2 

0404-31 

0405-02 

0405-01 

0407-01  to 

0407-03 


1,2 


0906-01, 
0906-02 

0906-01, 

0906-02 

0906-01  to 

0906-03 

1 
1-6 
1.2 
1,2 


2,  Subs.  16 
2,  Subs.  1 
2,  Subs.  3 
2,  Subs.  9 
/  2,  Subs.  4-9, 
1        16,  17;  3 
2,  Subs.  22 
/  2,  Subs. 

1  10-12,  14 
691  2,  Subs.  16-20 
691  2,  Subs.  13 
691  2,  Subs.  8,  21 
691         2,  Subs.  14 

74  1,2 

599        2,  Subs.  14 


119 
419 


/        1601-71, 
1  1601-72- 


643  2,  Subs.  810 
44 

707  2,  Subs.  11 J 

710  1 


648 
610 


574 


1,2 
1-3 


Index. 


1507 


Minors  —  Concluded. 

marriage  of  non-resident,  or  application  by  such  a  minor  for  cer- 
tificate of  intention  of  marriage,  consent  of  parent  or 
guardian  required  in  case  of  .... 

sporting,  hunting,  fishing  or  trapping  licenses,  etc.,  not  to  be 
issued  to     .......  . 

Sec  also  Children;   Infants. 
Misrepresentation,  labels  on  furs,  etc.,  in,  prohibited  . 
Mohawk  Trail  state  forest,  purchase  by  commissioner  of  conser 
vation  of  certain  land  in  town  of  Charlemont  as  an  addi- 
tion to         .......  . 

appropriation     ........ 

Monson,  state  hospital,  appropriations  ..... 

town  of  (see  Cities  and  towns). 
Montague,  Center  Fire  District,  in  town  of  Montague,  establish- 
ment, etc.  ........ 

city  bridge,  so  called,  construction  of,  contribution  to  cost  of, 

borrowing  of  money  for,  by  Franklin  county  . 
fish  hatchery,  damages  in  connection  with  conduct  of,  payment 
of,  appropriation  ....... 

town  of  (see  Cities  and  towns). 
Moose  (see  Game  and  inland  fisheries). 

Mortality  tables,  new,  teachers'  retirement  system,  for,  operation 
of,  deferred  ........ 

Mortgages,  real  estate,  co-operative  bank  loans,  direct-reduction, 
secured  by,  law  authorizing,  changed  and  made  perma- 
nent,  and   provision  made   for  suspension   of  payments 
thereon   by   persons  in   military   or   naval   service    and 
others  ........ 

descriptions   based   on    Massachusetts   co-ordinate   system,    so 

called,  mortgages  not  required  to  rely  exclusively  on 
investments  in,  by  banking  institutions  and  insurance  companies 

requirements  for,  law  modifying,  further  extended  . 
judicial  determination  of  rights  to  exercise   powers  of  sale   to 

foreclose,  in  which  soldiers  or  sailors  may  be  interested 
savings  banks,  held  by,  loans  by  such  banks  for  financing  repair 
and  rehabilitation  of  such  mortgaged  real  estate 
Mosquito  control  project,  Cape  Cod,  appropriation 
Mothers  with  dependent  children,  aid  to,  borrowing  by  cities 
and  towns  on  account  of       ....  . 

fuller  co-operation  with  federal  government  in  administering 

laws  relative  to    . 
funds,  municipal,  certain,  balance  of,  remaining  after  discon- 
tinuance by  a  city  or  town  of  Federal  Surplus  Commodity 
Stamp  Plan,  so  called,  appropriation  for 
records  relating  to,  etc.,  making  confidential  and  prohibiting 
misuse  thereof     ....... 

reimbursement  of  cities  and  towns  by  commonwealth  on  account 
of,  appropriation  ...... 

method  of  .......  . 

Motion  pictures,  exhibition  of,  etc.,  further  regulated   . 

Motor  buses  (see  Motor  vehicles,  buses). 

Motor  carriers  (sec  Motor  vehicles,  passengers,  transporting,  for 

hire;   property,  transporting). 
Motor  fuel  (see  Gasoline). 

Sales  Act,  so  called,  administration  of,  appropriations 

Motor  trucks  (see  Motor  vehicles,  property,  transporting;   trucks). 
Motor  vehicle,  commercial,  division  (see  Public  utilities,  depart- 
ment of). 
Motor  vehicle  liability  insurance,  compulsory,  law  as  to  (see 
Motor  vehicles,  liability  for  bodily  injuries,  etc.,  caused 
by,  security  for). 
MOTOR   VEHICLES: 

accidents,  fatal,  involving  publicly  owned  vehicles,  etc.,  investi- 
gation relative  to  damages  for        .  .  .        Resolve 
agricultural  carriers  of  property  by,  supervision  and  control  of   . 
,         bovine  animals,  transporting,  plates,  certain,  furnished  for,  fee 
.  for,  etc.       ......... 


Chap. 

270 
599 
422 

501 
683 

419  I 

683 

431 
371 
419 

687 


Item  or 
Section. 


1,2 
2,  Subs.  7-9 


1002-51 

1722-00  to 

1722-26 

1722-00 


1-13 

1.2 

1004-49 


293 

1.2 

47 

Subs.  13 

40 

25 

1.2 

106 
419 

3901 

92 

1-3 

593 

1.2 

65 
630 

419 
(405 
1406 

553 


419 


1.3,4 
1907-05 

1-9 


1601-53, 
1601-54 


17 

704 


607 


1-4 
1,  Subs.  40 


1508 


Index. 


Chap. 

314 

480 

17 
443 


Item  or 
Section. 


MOTOR   VEHICLES  —  Continued. 

buses,  length  of,  further  regulated  ...... 

special  or  chartered,  so  called,  niiuimuni  mileage  rates  for, 
establishment  of,  by  department  of  public  utilities  . 

charitable  corporations,  owned  by,  damages  for  personal  injuries 
or  death  caused  by  operation  of,  investigation  relative 
to       .......  .        Resolve 

commercial,  used  in  interstate  commerce,  equipment  of,  relative 
to 

common  carriers  of  passengers  for  hire  by  (see,  infra,  passengers, 
transporting,  for  hire) . 

damages  for  injuries  or  death  caused  by  operation  of  certain, 

investigation  relative  to         ...  .        Resolve       17 

excise  on  registered,  imposition,  collection,  etc.,  law  providing 
for,  application  in  respect  to  motor  vehicles  and  trailers 
owned  by  certain  corporations  and  associations      .  .     718 

fatal  accidents,  invohang  publicly  owned  vehicles,  etc.,  investi- 
gation relative  to  damages  for        .  .  .        Resolve        17 

firearms,  loaded,  carrying  of,  in,  in  areas  used  for  hunting,  pro- 
hibited         599 

fuel  used  in  propelling  (see,  infra,  gasoline,  etc.). 

garages,  public,  removal  to,  of  vehicles  interfering  with  removal 

of  snow  and  ice  from  ways    ......     346 

gasoline  and  certain  other  fuel  used  in  propelling,  excise  tax  on 
sales  of,  additional,  time  during  which  effective  further 
extended     .........     330 

sale  of,  further  regulated     .  .  .  .  .  .  .311 

law  regulating,  administration  of,  appropriations         .  .     419 

heavy  duty  platform  trailers  (see,  infra,  trailers). 

insurance  in  relation  to,  compulsory  liability  (see,  infra,  liability 
for  bodily  injuries,  etc.,  caused  by,  security  for). 

interstate    transportation    of   property    by,    etc.,   investigation 

relative  to  ......        Resolve       54 

length  of  certain,  further  regulated  .....     314 

hability  for  bodily  injuries,  etc.,  caused  by  publicly  owned  ve- 
hicles, etc.,  investigation  relative  to  damages  for     Resolve        17 

liability  for  bodily  injuries,  etc.,  caused  by,  security  for: 

bonds  and  policies,  board  of  appeal  on,  appropriations    . 

discrimination,  certain,  in  issuance  or  execution  of,  penalty 
for     .......... 

removal  of  motor  vehicle  tort  cases  from  district  courts  to 
sujjerior  court,  filing  of  bond  in,  not  required  if  payment 
of  any  judgment  for  costs  is  secured  by  .  .  . 

license  to  operate,  suspension  of,  improper  operation,  because 
of,  notices  of,  to  specify  time  and  place  of  such  improper 
operation    .  .  .  .  .  .  '         . 

military  convoy,  in,  permitted  to  be  driven  through  intersec- 
tions of  ways  contrary  to  traffic  signs  or  signals  thereat 
in  certain  cases    ........ 

national  emergency,  during,  use  of  ways  by  certain,  authorized   . 
operation  of,  agricultural  carriers  of  property,  by,  supervision  and 
control  of   . 

commercial  motor  vehicles,  etc.,  of,  owned  by  Massachusetts 
corporations  or  residents  and  used  in  this  commonwealth 
in  connection  with  their  places  of  business  located  outside 
commonwealth    ........     282 

improper,    suspen.sion   of  licenses   because   of,   notices   of,    to 

specify  time  and  place  of  such  improper  operation    .  .     312 

licenses  for  (see,  supra,  license  to  operate). 

national  emergency,  present,  during,  of  certain,  authorized     .     589 

non-residents,  by,  Massachusetts  corporations  or  residents 
owning  commercial  motor  vehicles,  trailers  or  semi- 
trailers and  using  same  in  this  commonwealth  in  connec- 
tion with  their  places  of  business  located  outside  com- 
monwealth, applicability  to,  of  provisions  of  law  regulat- 
ing       .  .  .282 

tort  actions  arising  out  of  (see,  infra,  tort  actions  arising  out 
of  operation  of) . 

trucks,  certain,  unregistered,  permitted  in  certain  cases  .  .     283 


1.2 

2,  Subs.  98 
1 


1601-53. 
1601-54 


"{ 


41 

683 
730 

401 


203 


312 


318 
589 

704 


1103-02. 
2970-02 
1103-02 
1103-02 


2,3 


1-4 


Index.  1509 

Item  or 
Chap.  Section. 

MOTOR  VEHICLES  —  Continued. 

passenger,  purchase  by  commonwealth,  at  price  exceeding  one  I  i^y  o 

thousand  dollars,  restricted  .  .  .  .  .  .1  ^,q  . 

passengers,  transporting,  for  hire,  buses  used  in,  length  of,  fur- 
ther regulated     .  .  .  .  .  .  .  .314 

inquests  in  cases  of  death  connected  with  operation  of,  evidence 

at,  reporting  of,  to  department  of  public  utilities     .  .     499 

special  or  chartered  buses,  so  called,  minimum  mileage  rates 

for,  establishment  of,  by  department  of  public  utilities     .     480 
property,   transporting,   agricultural   carriers,   supervision   and 

control  of   .  .  .  .  .  .  .  .     704  _l-4 

applications  for  permits,  etc.,  for,  hearings  and  notices  as  to, 

regulation  of        .  . 592  1,2 

commonwealth  or  political  subdivisions  thereof,  for,  exempted 
from  law  providing  for  supervision  and  control  of  motor 
vehicles  transporting  property        .....     092 

further  regulated         ........     483  1-3 

interstate  commerce,  in,  investigation  relative  to  .        Resolve       54 
supervision  and  control  of,  further  regulated  .  .  .     653  1-5 

publicly  owned,  etc.,  damages  for  bodily  injuries  or  death  caused 

by  operation  of,  investigation  relative  to  .        Resolve       17 

registrar  and  registry  of  (see  Public  works,  department  of). 

registration  of,  appropriations  .  .  .  .  .  .     419  i      "    oqai-nQ 

date  for,  changing  of,  investigation  relative  to        .        Resolve       75 
excise  for  privilege  of  (see,  supra,  excise  on  registered), 
trucks,  certain,  operation  upon  ways  without,  permitted  in 

certain  cases        ........     283 

semi-trailers,  interstate  commerce,  used  in,  equipment  of,  rela- 
tive to 443 

length  of  certain,  further  regulated        .           .           .           .           .314 
owned  by  Massachusetts  corporations  or  residents  and  used  in 
this  commonwealth  in   connection  with   their  places  of 
business  located  outside  commonwealth,  relative  to           .     282 
snow  and  ice,  removal  of,  from  ways,  removal  of  vehicles  inter- 
fering with  .  . 346  1,2 

special  or  chartered  bu.ses,  so  called,  minimum  mileage  rates  for, 
establishment  of,  by  department  of  public  utilities 

state  employees,  owned  by,  allowances  for  expenses  of,  amounts 
available  for        ........ 

state,  owned  by,  damages  for  personal  injuries  or  death  caused 

by  operation  of,  investigation  relative  to  .        Resolve       17 

tax,  excise,  on  (see,  supra,  excise  on  registered), 
tort    actions    arising    out    of    operation    of,    involving    publicly 
owned  vehicles,  etc.,  investigation  relative  to  damages 
for     .  .  .  .  .  .  .  .        Resolve       17 

removal  from  district  courts  to  superior  court,  bond,  filing  of, 

in,  not  required  in  certain  cases     .....     203  2,  3 

time  of  making  application  for  .....     203  1,  3 

trailers,  commercial,  owned  by  Massachusetts  corporations  or 
residents  and  used  in  this  commonwealth  in  connection 
with  their  places  of  business  located  outside  common- 
wealth, relative  to        ......  .     282 

excise  on  registered,  law  providing  for,  application  in  respect 

to  trailers  owned  by  certain  corporations  and  associations     718  1,2 

heavy  duty  platform  trailers,  term  further  defined  .  .       30 

interstate  commerce,  used  in,  equipment  of,  relative  to    .  .     443 

investigation  relative  to  .  .  .  .  .        Resolve       54 

length  of  certain,  further  regulated       .....     314 

national  emergency,  present,  use  during,  of  certain,  authorized     589 
See  also  Trailer  camps, 
trucks,  interstate  commerce,  used  in,  equipment  of,  relative  to  .     443 
investigation  relative  to  .  .  .  .  .        Resolve       54 

owned  by  Massachusetts  corporations  or  residents  and  used 
in  this  commonwealth  in  connection  with  their  places  of 
business  located  outside  commonwealth,  relative  to  .     282 

unregistered,  certain,  operation  upon  ways  permitted  in  cer- 
tain cases   .........     283 

See  also,  supra,  property,  transporting, 
ways,  removal  from,  of,  when  such  vehicles  interfere  with  re- 
moval of  snow  and  ice  ......     346  1, 2 


480 

144 

3 

147 

3 

419 

6 

1510 


Index. 


MOTOR   VEHICLES  —  CondMded. 

weight,  maximum,  of  certain,  investigation  relatire  to     Resolve 
See  also  Aircraft;  Overnight  camps  or  cabins. 

Mount  Greylock  war  memorial,  maintenance  of,  appropriation  . 

Mullen,  Eugene,  payment  bj^  commonwealth  of  sum  of  money  to, 
as  compensation  for  certain  property  taken  for  highway 
purposes     .......        Resolve 

Municipal  buildings  insurance  fund,  payments  from,  of  a  proper 
charge  for  insuring  municipal  buildings  and  other  munici- 
pal property  against  loss  or  damage  by  fire,  lightning  or 
otherwise    ......... 

Municipal  courts  (see  District  courts). 

MUNICIPAL   FINANCE: 

accounts,  auditing  and  installing  of,  appropriations  . 

appropriations,  expenditures  in  co-operation  with  federal  govern- 
ment prior  to  making  of  regular,  extension  of  time  for 

funds,  certain,  balance  of,  remaining  after  discontinuance  of 
participation  in  Federal  Surplus  Commodity  Stamp  Plan, 
so  called,  from     ........ 

hospital  bed  for  needy  residents,  establishment  and  mainte- 
nance of,  by  towns,  for  ...... 

liabilities,  incurring  of,  in  cities  in  anticipation  of,  in  order  to 
compensate  assistant  assessors       ..... 

municipal  buildings  insurance  fund,  from       .... 

unpaid  bills  of  previous  years,  payment  by  towns  of  certain,  for 
assessors,  assistant,  compensating  of,  incurring  of  liabilities  in 

cities  in  anticipation  of  appropriations  for  purpose  of 
borrowing  of  money,  defense  public  works,  so  called,  etc.,  co- 
operation with  federal  government  in,  for 

federal  emergency  unemployment  relief  projects,  on  account 
of _ 

outside  debt  limit,  expenditures  in  time  of  war  or  national 
emergency,  for,  authorized    ...... 

public  welfare  and  soldiers'  benefits,  on  account  of 

revenue  loans,  temporary,  renewal  of  certain 

tax  titles,  based  upon  .  .  .  .  .  .  . 

water  supply,  additional  sources  of,  for  purpose  of  developing 
budget  and  appropriating  procedure,  city  of  Boston  and  the 

county  of  Suffolk,  in,  further  regulated 

budgets,  annual,  cities,  other  than  Boston,  in,  relative  to  . 

expenditures  in  co-operation  with  federal  government  prior  to 

passage  of,  extension  of  time  for    ..... 

collection  of  accounts  due  to  cities  and  towns,  remedies  of  city 

and  town  collectors  in  .  .  . 

committee  on,  senate  and  house  chairmen  of,  taxes  on  publicly 
held  property,  loss  of,  and  certain  school  expenses,  reim- 
bursement of  municipalities  for,  special  commission  to  in- 
vestigate as  to,  to  be  members  of  .  .        Resolve 
emergency  appropriations,  war  or  national  emergency,  in  time  of, 
authorized            ........ 

emergency  finance  board  (see  Emergency  finance  board), 
expenditures,  federal  government,  co-operation  with,  in  certain 
unemployment  relief  and  other  projects,  prior  to  passage 
of  annual  budget,  extension  of  time  for  .... 

federal  surplus  commodity  stamps,  borrowing  by  cities  and  towns 
on  account  of      .......  . 

contribution  of  monies  by  cities  and  towns  in  connection  with 
sale  by  cities  and  towns,  use  of  receipts  from,  regulated 
Highway  Fund,  portion  of,  payment  by  commonwealth  to  its 
municipalities  to  be  expended  by  them  for  local  highway 
purposes     .  .  . 

loans  (see,  supra,  borrowing  of  money), 
municipal  buildings  insurance  fund,  appropriations  from  . 
revenue  loans  (see,  supra,  borrowing  of  money), 
taxes  (see  Taxation,  local  taxes). 

treasurers,  city  and  towns,  executions  or  decrees  in  actions  or 
suits  against,  payment  of,  appropriation  of  money  or  in- 
curring of  debt  for  purpose  of        .  .  .  .  . 

unpaid  bills  of  previous  years,  payment  by  towns  of  certain, 
appropriations  for         ....... 

See  also  City  and  town  treasurers. 


Chap. 

75 


419 


59 


130 


419  I 


65 


58 
211 


80 

487 


034 
05 


420 
130 


99 
179 


Item  or 
Section. 


0443-01 


1203-11, 
1203-12 


93 
130 
179 

93 

639 

1-3 

92 

1-3 

487 

92 

134 

/129 

\728 

83 

1-3 
1-3 

1.2 
2 

604 
473 

1,2 
1-3 

1-3 


1-3 
1 


1,2 


Index.  1511 

Item  or 
Chap.  Section. 

Municipal  lighting  plant,  Gosnold,  town  of,  maintenance  and 
operation  by,  without  supervision  and  control  by  depart- 
ment of  public  utilities  ......     684  1, 2 

Municipal  lighting  plants  (see  Cities  and  towns,  in  general,  line- 
men). 
MUNICIPAL   OFFICERS   AND   EMPLOYEES: 
in  general,  accounts  of  (see  Municipal  finance). 

civil  service  laws,  as  affecting  (see  Civil  service  laws), 
election  of  (see  Elections). 

military  or  naval  forces,  in,  contingencies  arising  in  connection  1  „„„  (       1-6,  8-13, 
with  service  of,  act  meeting  .  .  .  .  .  /  '^'^  \  24, 25 

employees,  classified  public  service,  in,  certain,  not  to  be  subject 

to  a  probationary  period  under  civil  service  laws    .  .      195 

partially  disabled,  employment  of,  and  temporary  filling  of 

their  original  positions,  providing  for     ....     649 

vacations  for  certain  .......     368 

officers,  civil  service,  placing  under,  of  certain,  by  popular  vote     414 
See  also  specific  titles  of  officers,  etc. 
Muskeget,  island  of,  Nantucket,  town  of,  in,  appointment  by  said 
town  of  special  officer  to  protect  birds  on,  repeal  provisions 
of  law  relative  to  .  .  .  .  .  . '        .       26 

Mutual  insurance  companies  (see  Insurance,  companies). 
Mutual  Savings  Central  Fund,  Inc.,  executive  vice-president  of, 

election  by  directors     .......       78  1 

information,  certain,  furnishing  by  commissioner  of  banks  to     .       78  2 

investments  by  savings  banks  in  certain  state,  municipal  or  cor- 
porate interest  bearing  obligations,  certain  powers  and 
duties  as  to  .......  .     413  9 

Mystic  river,  bridge  over,  between  cities  of  Boston  and  Chelsea, 
laying    out    and    construction    of,    investigation   relative 
to       .......  .        Resolve       30 

Mystic  Valley  parkway,  extension  of,  appropriation  730         Page  1172 

Mystic  Wharves,  so  called,  Boston,  city  of,  in,  acquisition  by  state 

department  of  public  works  .....     714  1 


N. 

f-.g/  8611-00. 

Nantasket  beach,  reservation,  maintenance  of,  appropriations        .  ]  \  8611-22 

[730  8611-00 

shore  protection  at,  .study  of,  state  appropriation       .  .  .     419  2937-14 

Nantasket-Boston  Steamboat  Company,  land  and  wharf  prop- 
erties of,  in  town  of  Hull,  acquisition  of,  by  said  town, 
for  wharf  and  recreation  center  purposes         .  .  ,21  1-4 

NANTUCKET   COUNTY: 

Massachusetts  co-ordinate  system,  island  zone  of,  includes  area 
in       .  .  .  .  .  . 

sheriff,  powers  of,  with  respect  to  violations  of  cigarette  tax  law 

Nantucket,  town  of  (see  Cities  and  towns). 

Nashua  river,  Wachusett  reservoir  on  south  branch  of,  water  supply 
from,  for  town  of  Boylston  .  .  .  .  . 

Natick,  town  of  (see  Cities  and  towns). 

National  banks  (see  Banks  and  banking). 

National  Bureau  of  Engineering  Registration,  certificates  of,  ] 
in  connection  with  registration  of  professional  engineers  !► 
and  land  surveyors       .  .  .  .  .  .  .  J 

National  Company,  Inc.,  structure  bridging  Sherman  street  in 
city  sf  Maiden,  construction  and  maintenance  by,  etc., 
authorized  ........ 

National  conventions  (see  Elections,  conventions) . 

National  Council  of  Architectural  Registration  Boards,  certifi- 
cates of,  in  connection  with  registration  of  architects 

National -Council  of  State  Boards  of  Engineering  Examiners, 
certificates  of,  in  connection  with  registration  of  profes- 
sional engineers  and  land  surveyors         .... 

National  Defense,  Industrial  Committee  for,  .service  of,  appro- 
priation     ......... 

National  defense  measures  (see  National  Emergency,  Existing, 
Legislation  pertaining  to). 

National  defense  roads,  improvement  of,  appropriation         .  .     419  2923-71 


47 
417 

8 

651 

2 

643  { 

2,  Subs. 
81H,  81L 

18 

1-3 

696     2, 

Subs.  60C 

643     2, 

Subs.  81L 

683 

0460-01 

1512 


Index. 


Chap. 


419 


268 
650 


National  Education  Association,  convi-ntion  of,  iu  Boston,  ex- 
penses in  conneetion  with,  appropriation 

NATIONAL  EMERGENCY,  EXISTING,  LEGISLATION  PER- 
TAINING TO: 

Bedford  airport,  so  called,  establishment  of,  by  United  States 
wholly  or  partly  in  town  of  Bedford,  acquisition  of  land 
for,  etc:       ......... 

Boston  airport,  so  called,  transfer  of,  to  commonwealth  and  pro-  Y  695 
viding  for  certain  improvements  thereof  .  .  .  \  7li8 

Boston,  city  of,  land,  certain,  in  East  Boston,  ceding  to  United 

States  of  jm-isdiction  over     .  .  .  .  .15 

waterfront  properties,  certain,  in,  acquisition  by  state  depart-  f  714 

ment  of  public  works,  construction  of  pier  thereon,  etc.  \  728 

Boston  harbor,   areas,  certain,  in,  jurisdiction  over,  ceding  to 
United  States  for  purpose  of  extending  limits  of  navy 
dry  dock    .  .  .  .  .  .  . 

land,  certain  in,  ceding  to  United  States  of  jurisdiction  over, 
for  purpose  of  extending  shipbuilding  dock  and  service  pier 

Cambridge,  city  of,  board  of  appeals  relative  to  zoning  ordi- 
nances in,  temporarily  not  to  take  action  on  certain 
appeals       ......... 

civil  service,  provisional  and  emergency  appointments  and  pro- 
motions in  ........ 

co-operative  banks,  paypaents  on  certain  shares  of,  owned  by 
persons  engaged  in  military  or  naval  service  of  United 
States,  or  by  their  dependents,  temporary  suspension  of 

Defense  Plant  Corporation,  structures  of,  extension  into  tide 
waters  of  Saugus  river,  authorized  .... 

defense  public  works,  etc.,  enabling  political  subdivisions  of  the 
commonwealth  to  accept  and  use  federal  funds  for,  and 
authorizing  said  subdivisions  to  co-operate  with  federal 
government  in     .......  . 

dog  races  on  which  pari-mutuel  system  of  wagering  is  permitted, 
hours  during  which  such  races  may  be  conducted  in  case 
night  illumination  is  forbidden       ..... 

emergency  appropriations,  certain,  cities  and  towns  authorized 
to  borrow,  outside  debt  limit,  for  .... 

Hingham  bay,  tide  waters  of,  bridge  without  a  draw  over,  from 
Hog  island  to  mainland  in  town  of  Hull,  United  States 
authorized  to  construct         ...... 

housing,  defense,  during  present  emergency,  engaging  in,  by 
local  housing  authorities        ...... 

Massachusetts  military  units,  certain,  inducted  into  federal 
service,  additional  allowances  for  expenses  of,  providing 
for     ........        Resolve 

military  emergency,  safety  of  commonwealth  in  time  of,  pro- 
viding for  ......... 

military  or  naval  service,  persons  in  (see  Military  and  naval  serv- 
ice of  the  United  States). 

motor  vehicles  and  trailers,  certain,  use  of  ways  by,  during 
national  emergency,  authorized      .  . 

naval  ammunition  depot  and  lighter-than-air  base,  so  called, 
acquisition  by  United  States  of  certain  lands  for,  in 
counties  of  Norfolk  and  Plymouth  .... 

public  health,  distribution  of  antitoxins,  serums,  etc.,  by  state 
department  of  public  health  for  preservation  of,  in  national 
emergencies  ........ 

Quincy,  city  of,  certain  land  in,  acquisition  by  United  States 
for  addition  to  aviation  base  ..... 

re-employment  in  their  former  positions  of  persons  who  leave 
same  upon  being  called  for  military  or  naval  service  during 
existing  emergency  and  are  rejected  for  such  service 

Shawme  state  forest,  portion  of,  placing  under  jurisdiction  of 
special  military  reservations  commission 

Spencer  state  forest,  leasing  to  United  States  for  national  defense 
purposes  of  certain  property  within  limits  of    . 

state  forests,  use  by  United  States  of  certain  areas  in,  for  na- 
tional defense  purposes  ...... 

traflBc  congestion  throughout  commonwealth,  application  for 
federal  funds  for  such  relief  as  may  be  strategically  im- 
portant for  national  defen.se  .  .  .  Resolve 
United  States  defense  savings  bonds  and  defense  postal  savings 
stamps,  distribution  of,  co-operation  by  banking  institu- 
tions in       .          .          .          .          .          . 


635 
G59 


488 
491 


116 
717 


639 


382 
487 


632 
317 


41 
719 


589 


702 


612 
541 


442 


63 
393 


75 

221 
575 


Item  or 

Section. 


0444-06 


1-4 

1-12,  16 
1 

1,2 

1-3 

3 


1-3 
1-3 


1.2 


1-3 


1-3 

1,2 
1-5 


1-12 


1-4 


1-3 


1-3 


1.2 


Index. 


1513 


NATIONAL  EMERGENCY,  EXISTING,  LEGISLATION  PER- 
TAINING TO  —  Concluded. 
United  States,  military  service  of,  measures  adopted  by  com- 
monwealth during  years  1916,  1917  and  1918  dealing  with 
men  in,  investigation  relative  to    .  .  .     Resolves 

vehicles,  military  convoy,  permitted  to  be  driven  through  inter- 
sections of  ways  contrary  to  traffic  signs  or  signals  thereat 
in  certain  cases    ........ 

Warwick  state  forest,  leasing  to  United  States  for  national  de- 
fense purposes  of  certain  property  within  limits  of  . 
Westover  Field  Army  Air  Base  in  city  of  Chicopee,  Slabbery  pond 
and  Smooth  pond  at,  jurisdiction  over,  ceding  to  United 
States  .  .  .  .       _  . 

Weymouth,  town  of,  land  in,  acquisition  of,  by  said  town  for 
lease  or  conveyance  to  United  States  for  airport  purposes 

National  guard  (see  Militia). 

NATIONAL   INDUSTRIAL   RECOVERY   ACT: 

commonwealth,  securing  by,  of  benefits  of,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  extension  of  provi- 
sions of  certain  enabling  acts  relative  to 
counties,  cities,  towns  and  districts,  securing  by,  of  benefits  of 
and  acts  in  amendment  thereof  and  in  addition  thereto 
extension  of  provisions  of  certain  enabling  acts  relative  to 
and  incurring  of  indebtedness  in  connection  therewith 
See  also  Federal  emergency  laws. 

Nationality,  discrimination  because  of,  etc.,  in  employment  on 
public  works  and  in  dispensing  of  pubhc  welfare,  pro- 
hibited       .  .  .  .  .  .  .  .  . 

Nautical  school,  Massachusetts  (see  Massachusetts  nautical 
school) . 

Naval  ammunition  depot,  acquisition  by  United  States  of  certain 
lands  in  counties  of  Norfolk  and  Plymouth  for,  consent 
of  commonwealth  to,  etc.      ...... 

Naval  forces  of  the  commonwealth,  organization  and  equipment 
of,  further  providing  for        ...... 

Naval  service  of  the  United  States  (see  Military  and  naval  service 
of  the  United  States;  Soldiers,  sailors  and  marines; 
Veterans) . 

Navy  Yard,  Boston  (see  Boston  Navy  Yard). 

Nazi,  etc.,  organizations,  activities  of,  investigation  relative  to, 
report,  final,  of,  printed  copies  of,  free  distribution  by 
state  secretary     ........ 

Necessaries  of  life,  division  on  (see  Labor  and  industries,  depart- 
ment of). 

Needy  persons  (see  Poor  and  indigent  persons). 

Negligence,  common  carriers  and  others,  of,  liability  for  deaths  due 

to,  and  raising  amount  to  be  awarded  therefor 

evidence  of,  admissibility  of  evidence  of  violation  of  statutes, 

ordinances,  etc.,  as,  investigation  relative  to  .        Resolve 

imputed,  and  contributory  negligence,  abolishing  defences  of,  in 

case  of  injury  to  children  under  seven,  study  as  to    Resolve 

Negotiable  instruments,  fictitious  payees,  payable  to  order  of, 
relative  to  ........ 

Negroes,  Massachusetts  Commission  on  the  Employment 
Problems  of,  appropriation  ..... 

Neponset  bridge,  so  called,  radial  highway  from  Boston  to,  inves- 
tigation relative  to,  etc.         ....        Resolve 

New  Bedford,  city  of  (see  Cities  and  towns). 

state  pier,  operation  and  maintenance  of,  appropriations   . 

textile  school,  appropriations  ...... 

Newbury,  town  of  (see  Cities  and  towns). 
Newburyport,  city  of  (see  Cities  and  towns). 

harbor,    improvement    by    commonwealth,    federal   government 

and  city  of  Newburyport       ....        Resolve 
New    England    Deposit   Library,    incorporation    of,    powers   and 

duties,  etc.  .        •  . 

New  England  Telephone  and  Telegraph  Company,  lines,  poles 

etc.,  of,  in  certain  towns,  locations,  etc.,  validated  . 
in  town  of  Wakefield,  locations,  etc.,  validated 
New  Hampshire,  state  of,  marine  fisheries  along  Atlantic  seaboard 

compact  relative  to,  between  commonwealth  and,  etc. 

approval,  ratification,  etc.     ..... 


Chap. 


3.  5 


Item  or 
Section. 


318 

63 

603 

1.2 

7 

1-3 

720 


639 


170 


702 
458 


256 


r460 
\504 

17 

24 

215 

222 

29 

/419 
1730 

419 


86 
240 


111 
124 


489 


17 


1-3 


1-4 


1,2 
1-4 


1.2 


2202-07 

2202-07 
1333-00, 
1333-34 


1-8 


1,2 
1.2 


1-5 


1514 


Index. 


New  Jersey,   state  of,  marine  fisheries  along  Atlantic  seaboard, 
compact  relative  to,  between  commonwealth  and,  etc., 
approval,  ratification,  etc.     ...... 

New  Salem,  town  of  (see  Cities  and  towns). 
Newton,  city  of  (see  Cities  and  to-wTis). 

New  York,    New   Haven    and  Hartford  Railroad  Company,    con- 
tinued transportation  service  for  communities  served 
by,   action   to   assure,   investigation  relative  to,    con- 
tinued    .......        Resolve 

appropriation       ........ 

reorganized,  real  estate  of  Boston  Terminal  Company  used  by, 
.    assessment  and  payment  of  taxes  thereon,  relative  to 

special  investigation  of,  expenses  of,  appropriations 

state  of,  marine  fisheries  along  Atlantic  seaboard,  compact  rela- 
tive to,  between  commonwealth  and,  etc.,  approval,  rati- 
fication, etc.         ........ 

Nomination  of  candidates  (see  Elections). 

Non-alcoholic  beverages,  manufacture,  bottling  and  sale  of  cer- 
tain, rules  and  regulations  concerning,  penalty  for  viola- 
tions of        ........  . 

Non-profit  medical  service  plans  (see  Medical  service  corpora- 
tions). 
Non-residents,  insurance  agents  of  foreign  life  companies,  as,  li- 
censed to  act,  when,  etc.        ...... 

minors  who  are,  marriage  of,  or  application  by  such  minors  for 
certificate  of  intention  of  marriage,  consent  of  parent  or 
guardian  required  in  case  of  ..... 

motor  vehicles,  operation  by,  law  regulating,  applicability  of,  to 
Massachusetts  corporations  or  residents  owning  com- 
mercial motor  vehicles,  etc.,  and  using  same  in  this  com- 
monwealth in  connection  with  their  places  of  business 
located  outside  commonwealth       ..... 

See  also  Game  and  inland  fisheries. 
NORFOLK    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 
area  in        ........  . 

municipal  court  of  Brookline,  adequate  accommodations  for, 
providing  by        .......  . 

naval  ammunition  depot  and  I'ghter-than-air  base,  so  called, 
acquisition  by  United  States  of  certain  lauds  for,  in,  con- 
sent of  commonwealth  to,  etc.        ..... 

tax  levy         .......... 

North  Adams,  city  of  (.see  Cities  and  towns). 

state  teachers  college,  appropriations        ..... 

Northampton,  city  of  (see  Cities  and  towns). 

state  hospital,  appropriations  ...... 

North  Andover,  town  of  (see  Cities  and  towns). 

North  Attleborough,  town  of  (see  Cities  and  towns). 

North  Carolina,  state  of,  marine  fisheries  along  Atlantic  seaboard 
compact  relative  to,  between  commonwealth  and,  etc. 
approval,  ratification,  etc.     ..... 

Northern  avenue,  South  Boston,  in,  discontinuance  of  portion  of 
as  a  public  way  ....... 

North  metropolitan  sewerage  system  (see  Metropohtan  dis- 
tricts, sewer  districts) . 

North  Reading,  state  sanatoriimi,  appropriations 

water  supply  for   .      . 
town  of  (see  cities  and  towns). 
North  river,  Plymouth  county,  in,  sweep  seines,  law  prohibiting  use 

of,  not  to  apply  to  taking  of  smelt  from 
Norwood,  Police  Relief  Association,  Inc.,  payments  to  any  member 
upon  death  of  his  wife,  authorized  .  .    '       . 

town  of  (see  Cities  and  towns). 
Notes,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 


Chap. 

489 


43 
683 

711 
419 
683 


489 

119 

502 
270 

282 

528 

47 

219 


702 

528 


419 
419 


489 
492 

|419{ 

[730 
674 


599 
259 


Item  or 
Section. 


15 


0204 

2,  3 

2301-09 

Page  990 


1-6 


1,  2 


1-4 


1-4 
1 

1312-00, 
1312-21 

1718-00. 
171 8-25 


1-5 
1.2 


2023-00  to 

2023-23 

2023-24 

1.2 


2,  Suba.  42 


Index.  1515 

Item  or 
Chap.  Section. 

Notes  —  Concluded. 

promissory,  given  in  connection  with  contracts  of  conditional 
sale  of  personal  property,  endorsement  thereon  of  pay- 
ments made  under  terms  of  such  contracts      .  .  .     285 
See  also  Installment  payments;    Negotiable  instruments. 
Notices  (see  Titles  of  specific  proceedings). 

Nurses,  board  of  registration  of  (see  Civil  service  and  registration, 
department  of). 

schools  for,   approving  authority   for,   established,   powers  and  1  gr,Q  j  15A-15D 

duties  of,  etc.       .          .          .          .                    .          .          •  /    "     |  81A-81C 

Nut  island,  Quincy,  city  of,  in,  sewage  treatment  plant,  etc.,  at, 

construction,  etc.          .......     720  1 


o. 

Oak  Bluffs,  town  of  (see  Cities  and  towns). 

Occupational  guidance  and  placement,  directors  of,  appointment 
of,  in  towns,  and  providing  for  a  supervisor  of  such  direc- 
tors in  the  department  of  education        ....     676  1, 2 

Occupational  hygiene,  division  of  (see  Labor  and  industries,  de- 
partment of). 
O'Donnell,  Edward  S.,  conveyance  of  certain  land  to,  by  city  of 

Holyoke  in  exchange  for  land  from  said  O'Donnell  .  .     289 

Officers,  county  (see  Counties;   also  specific  titles  of  officers), 
court  (see  Court  officers  and  messengers), 
general  court  (see  General  court), 
militia  (see  Militia), 
municipal  (see  Municipal  officers  and  employees;    also  specific 

titles  of  officers), 
police  (see  Police  officers), 
probation  (see  Probation  officers). 

state  (see  Commonwealth,  officers  and  employees  of;  also  specific 
titles  of  officers). 
Off-street  parking,  so  called,  Boston,  in,  investigation  relative 

to       .......  .       Resolve       75 

OLD   AGE   ASSISTANCE,   SO    CALLED: 

absence  of  recipients  from  commonwealth  without  suspension 
of  such  assistance         ..... 

administration  of,  laws  relative  to,  appropriations     . 

changes  in      . 

fuller  co-operation  with  federal  government  in    . 
bonds  executed  by  certain  recipients  of    . 
borrowing  of  money  on  account  of,  by  cities  and  towns 
funds,  municipal,  certain,  balance  of,  remaining  after  discontin- 
uance by  a  city  or  town  of  Federal  Surplus  Commodity 
Stamp  Plan,  so  called,  appropriation  of,  for    .  .  .65 

insurance  policies  or  benefit  certificates,  ownership  of  certain, 

as  affecting  eligibility  of  applicants  for  ....     729  6 

liability  for  wrongful  acceptance  of  .....     729  14 

meal  tax,  so  called,  imposition  of,  for  financing,  etc.  .  .     729  17 

old  age  assistance  fund,  so  called^  establishment  of,  etc.     .  .     729  I    7n  a^ul   in 

rates  of         .........  .     729  '  1 

real  estate,  ownership  of  certain  equity  in,  as  affecting  eligibility 

of  applicants  for  .......     729  4 

records  relating  to,  etc.,  making  confidential  and  prohibiting 

misuse  thereof     ........     630  1.  3,  4 

resources  of  aged,  determination  of  .....     729  3 

study  of,  by  commissioner  of  public  welfare      .  .  .  ,    729  16 

Old  Colony  Railroad  Company,  continued  transportation  service 
for  communities  served  by,  action  to  assure,  investigation 
relative  to,  continued  .....        Resolve       43 

appropriation  .  .  .  .  .  .*  683  0204 

real  estate  of  Boston  Terminal  Company  formerly  used  by,  as- 
sessment and  payment  of  taxes  thereon,  relative  to  .711  2,  3 
Old  provincial  state  house,  appropriation  .....     419             0444-01 

Old  Silver  Beach,  so  called,  Falmouth,  town  of,  in,  portion  of,  use 

as  town  bathing  beach  ......     383  1, 2 


.  729 

7 

.  419  1 

1907-04, 
3621,  3622 

.  729 

1-16 

.  597 

1.2 

.  729 

14 

.   92 

1-3 

1516 


Index. 


Olds,  Lucy,  payment  by  commonwealth  of  sum  of  money  to,  as 
compensation  for  certain  property  taken  for  highway 
purposes     .......       Resolve 

One  Hundred  and  First  Field  Artillery,  A.  E.  F.,  history  of,  pur- 
chase of  copies  of,  appropriation    ..... 

Onset  harbor,  Wareham,  town  of,  in,  dredging  of,  share  of  cost  of, 
borrowing  of  money  for,  by  said  town    .... 

Open  seasons  (see  Game  and  inland  fisheries). 

Optometry,  board  of  registration  in  (see  Civil  service  and  regis- 
tration, department  of). 

Orange,  town  of  (see  Cities  and  towns). 

Orchards,  inspection  of,  cost  of,  appropriation       .... 

ORDINANCES   AND* BY-LAWS: 

airports,  publicly  owned,  approaches  to,  regulation  of,  by  munici- 
palities, by  adoption  of,  etc.  .  . 
by-laws,  law  relative  to  approval  and  publication  of,  not  to  apply 
to   cities,   and   validating  certain  ordinances  heretofore 
adopted  by  cities          .          .          .  .  .  .  . 

violation  of,  as  evidence  of  neghgence,  investigation  relative 
to       .......  .       Resolve 

ways,  removal  of  vehicles  from,  when  such  vehicles  interfere 

with  removal  of  snow  and  ice,  provision  for,  by       .  . 

zoning,  adoption  and  amendment  of,  upon  failure  of  planning 

boards,  zoning  boards  or  selectmen  to  file  certain  reports 

in  relation  thereto        .  .  .  .  _       .  .      _    . 

appeals  to  boards  of  appeal,  additional  provisions  for,  making 

by 

effect  of,  on  certain  permits  .  .  .  ._  . 

Organizations  (see  Corporations;  Fraternal  benefit  societies). 

Orient  Heights  Yacht  Club,  East  Boston  district  of  city  of  Boston, 
in,  channel  leading  from  waters  near,  dredging  of,  investi- 
gation relative  to  .  •.-..•  •        R;esolve 

Ornithologist,  state,  board  to  determine  limits  for  hunting  of 
rufTed  grouse,  to  be  member  of      .  .  .  .  . 

Ornithology,  persons  and  institutions  engaged  in  study  of,  taking 
of  birds  and  eggs  by     . 

Otis,  town  of  (see  Cities  and  towns). 

Overnight  camps  or  cabins,  inspections,  certain,  of,  notice  to  li- 
censees of  results  of      .  .  .  .  .  .  ■ 

Oysters  (see  Fish  and  fisheries,  marine). 


Chap. 

Item  or 

Section. 

59 

419 

0502-03 

168 

1,2 

419 

0908-03 

537 

6-8 

520 

1.2 

17 

346 

1 

320 


198 
176 


1-3 


599   2,  Subs.  61 
599  2,  Subs.  63, 64 

396 


P. 

Package  stores,  so  called  (see  Alcoholic  beverages). 
Pages,  general  court  (see  General  court). 
Pamphlet  edition,  acts  and  resolves,  appropriations 

Paper,  purchase  of,  appropriations        ..... 

Paper  cartons  (see  Cartons). 
Parades,  firearms,  with,  by  Sons  of  Union  Veterans  of  the  Civil  War 
and  by  The  Society  of  the  War  of  1812  in  the  Common- 
wealth of  Massachusetts  (Incorporated) 
Pardons,  advisory  board  of  (see  Correction,  department  of). 

lists,  annual,  concerning,  transmitted  by  governor  to  general 
court,  printing  of  ......  • 

offences  which  are  felonies,  of,  terms  and  conditions  upon  which 
they  may  be  granted,  prescription  by  general  court,  pro- 
posed amendment  to  constitution  providing  for 
I)etitions  for,  procedure  in  connection  therewith,  further  regu- 
lated ......... 

See  also  Parole. 
PARENT   AND   CHILD: 

adoption  by  minors  of  their  natural  children,  petitions  for 
adoption  of  children,  consent  of  parents  and  others  to 
births,  returns  of,  verification  of,  filling  out  by  parents  of  returns 
in  connection  with  .  .  .  •  •  • 

marriage  of  a  non-resident  minor  or  application  by  such  minor 
for  certificate  of  intention  of  marriage,  consent  of  parent 
or  guardian  required  in  case  of       .  .     _      ■ 

Pari-mutuel  system  of  wagering  (see  Hor.sc  and  dog  racing  rneet- 
ings  conducted  under  pari-mutuel  system  of  wagering). 


/419 
\683 
/419 
\683 


217 


297 


690 


44 
61 


434 


270 


0503-01 
0503-01 
0415-11 
0415-11 


Page  1226 
4,6 


1.2 


Index. 


1517 


Park  commissioners,  boards  of,  towns,  in,  membership  of  . 
Parker,  Margaret,  payment  by  commonwealth  of  sum  of  money  to 
mother  of  .  .  .  .  .  .  ,       Resolve 

appropriation     ......... 

Parks,  and  recreation,  division  of  (see  Conservation,  department  of). 

division  of  (sec  Con.servation,  department  of). 
Parkways  (sec  Boulevards  and  parkways). 

Parole,  boys',  department  of  public  welfare,  appropriations 

girls',  department  of  public  welfare,  appropriations   . 

permits,  permits  to  be  at  liberty,  etc.,  granting  of,  procedure  in 
connection  therewith    ....... 

prisoners  on,  return  to  prison  of  certain  ..... 

See  also  Pardons. 
PAROLE   BOARD: 

appropriations       .  .  .  .  .  .  .  . 

liberty  permits  for  prisoners  in  certain  state  penal  and  reforma- 
tory institutions,  granting  by         ....  . 

liberty  permits,  pardons,  etc.,  powers  and  duties  in  connection 
with  .......... 

return  to  prison  of  certain  prisoners  released  upon  permits  or  on 

parole,  powers  and  duties  as  to     . 
supervisor  of  parole  for  women,  appointment  of,  by 
Partnerships,  income  received  by,  taxation  of        ...  . 

See  also  Associations,  partnerships  and  trusts  having  transfer- 
able shares. 
Passengers,  transportation  of,  for  hire  (see  Aircraft;  Motor  vehicles, 

passengers,  etc.). 
Pay  roll  deductions,  so  called,  group  insurance,  low  cost  medical 
care,  etc.,  for  public  employees,  on  account  of,  investiga- 
tion relative  to    .  .  .  .  .  .       Resolve 

appropriation    ......... 

Peabody,  city  of  (see  Cities  and  towns). 

Frederick  T.,  reimbursement  of,  by  county  of  Middlesex,  for 
certain  legal  expenses  ....... 

Pedestrians,  injured  on  street  railway  reservations,  rights  of,  rela- 
tive to         ........  . 

Pelts  (see  Game  and  inland  fisheries). 

PENAL   AND   REFORMATORY   INSTITUTIONS: 

in  general,  adoption  of  children,  consent  to,  by  certain  persons 
not  required  in  certain  cases  if  such  persons  are  im- 
prisoned in  ........ 

defective  delinquents,  departments  for,  at,  prisoners  and  per- 
sons   committed    to,    removal    and    hospitalization    of, 
relative  to  ........ 

employees  of,  appointed  as  special  state  police  officers,  service 
by,  of  warrants  issued  by  governor  .  .  .  .♦ 

juvenile  delinquents,  commitment  to,  relative  to    . 
prisoners  in,  conditional  releases,  granting  of,  to,  in  cases  of 
sentences  for  drunkenness     ...... 

descriptions,  finger  prints,  etc.,  of,  further  provision  for 

insane,  committed  to  institutions,  discharge  of  . 

labor  of,  uniforms  or  equipment  made  by,  no  payment  to  be 

made  for,  from  certain  appropriation  for  state  guard 
parole  permits,  pardons,  etc.,  granting  of,  to,  regulated 
released  upon  permits  or  on  parole,  return  to  prison  of 
certain        ........ 

commonwealth,  of,  in  general,  officers  and  employees  of,  re- 
moval and  other  change  in  status  of    certain,    relative 

to       .  .  .  .  

pardons,  paroles,  etc.,  for  prisoners  in  (see  Pardons;  Parole), 
prisoners  in,  good  behavior,  time  off  for     .  .  .  . 

liberty  permits,  granting  to  . 
prison  industries  at,  salaries  of  certain  persons  employed  in, 

payment  of,  made  subject  to  appropriation     . 
reports  relating  to,  dates  of  certain,  changed 

Massachusetts  reformatory,  appropriations  .  .  .  . 


Chap. 

Item  or 
Section. 

10 

1.2 

77 
730 

2820-03 

419  1 

419  1 

1908-11  to 
1908-13 
1908-31. 
1908-32 

690 
174 

1-3 
1.2 

419 

730  j 

1801-02 
Page  1164; 
1801-21  to 

1801-23 

277 

690 

1-10 

174 
690 
331 

2 

6A 

1 

65 
683 

0221 

74 

1,2 

533 

61 


510 


1-3 


70 
648 

1,2 

690  2. 

69 
216 

Subs. 

136A 

2 

2 
690 

1,2 
1-5 

174 


257 


1.2 


277 

436 

656 

15,  17 

419/ 

1805-00  to 
1805-24 

730 

4411 

1518 


Index. 


1 


PENAL  AND  REFORMATORY  INSTITUTIONS  —  Concluded. 
commonwealth,  of  —  Concluded. 


reformatory  for  women,  appropriations 

state  farm,  appropriations  . 

state  prison,  appropriations 

state  prison  colony,  appropriations 


Chap. 

419  I 

730 

419 


I  419 

'  I73O 
.  /419 
1730 
Resolve  48 
683 


Penal  code,  drafting  of,  etc.,  investigation  relative  to 

appropriation     ......... 

Pendergast,   William  J.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken 
for  highway  purposes  .....        Resolve 

Pensions  (see  Retirement  systems  and  pensions). 

state  aid  and,  commissioner  of  (see  State  aid  and  pensions,  com- 
missioner of). 
Pepperell,  town  of  (see  Cities  and  towns). 

Performance  bonds,  public  works  contracts,  in  connection  with  cer- 
tain, requirements  as  to         . 
Permits  (see  Licenses  and  permits). 

Personal  injuries,  compensation  of  certain  public  employees  for, 
appropriations     ........ 

employment  of  public  employees  partially  disabled  because  of, 
providing  for       ........ 

motor  vehicles,  caused  by,  security  for  payment  of  judgments  in 

actions  for  (see  Motor  vehicles,  liability  for  bodily  injuries, 

etc.,  caused  by,  security  for). 

publicly  owned,  caused  by,  investigation  relative  to  damages 

for,  etc.       .  .  .  .  .  .  .        Resolve 

pedestrians,  rights  of,  for,  received  on  street  railway  reserva- 
tions .  .  .  . 

See  also  Workmen's  compensation. 
"Personal  injury",  term,  as  used  in  workmen's  compensation  law 
to  include  infectious  or  contagious  diseases  in   certain 
cases  ......... 

Personal  property,  attachment  of  (see  Attachment). 

conditional  sales  of,  buying  of  agreements  for,  etc.,  investigation 
relative  to  ......        Resolve 

appropriation  ........ 

contracts  of,  promissory  notes  given  in  connection  with,  en- 
dorsement on,  of  payments  made  under  terms  of  such 
contracts    ......... 

provisions  of  law,  certain,  relative  to,  not  to  apply  to  condi- 
tional sales  of  textile  machinery,  theatre  seats,  etc.  . 
foreign  insurance  companies,  of,  exempted  from  local  taxation    . 
tangible,  in  storage  in  public  warehouses,  exemption  from  local 
taxation      ......... 

Personnel,  and  standardization,  division  of  (see  Administration  and 
finance,  commission  on), 
board,  county  (see  County  personnel  board). 
Petroleum  and  petroleum  products,  keeping,  storage,  etc.,  of, 
buildings  and  other  structures  for,  erection  and  use  of, 
filing  of  certain  certificates  and  payment  of  certain  fees 
in  connection  with,  penalty  for  failure    .  .  .  . 

pipe  lines  for  conveying,  construction,  etc.,  of,  relative  to 
Pharmacists,  registration  as,  qualification  of  applicants  for    . 
Pharmacy,  board  of  registration  in  (.see  Civil  service  and  registra- 
tion, department  of). 
schools  and  colleges  of,  approval  of  .  .  .  .  . 

Pheasants  (see  Game  and  inland  fisheries). 
Phillipston,  town  of  (see  Cities  and  towns). 

Photographic  or  micro-photographic  process,  hospital  records, 
making  of,  by,  etc.       ....... 

public  records  made  by,  use  in  evidence,  providing  for 
Photographs,  prisoners,  of,  further  provision  for   .  .  .  . 

Phrases  (see  Words  and  phrases). 

Physicians,  certificate  signed  by,  that  parties  to  intended  marriage 
have  been  examined,  filing  with  notice  of  intention  of 
marriage     ......... 


Item  or 
Section. 


1806-00  to 
1806-25 

4511 

1802-00  to 

1802-22 

1803-00, 

1803-21 

4611 
1807-00 

4711 

0217 


64 


699 

}419 

649 

17 
533 

437 


82 
730 


285 


468 
467 


482 


4,6,7 

2820-04, 
2970-07 


0229 


288 

678 

1,2 

52 

1,  2 

52 


389 

662 

69 


601 


1.  2 


1,2 
2 


Index.  1519 

Item  or 
Chap.  Section. 

Physicians  —  Concluded. 

contraceptive  care,  medical,  to  married  persons  for  the  protec- 
tion of  life  or  health,  providing  by,  initiative  petition  rela- 
tive to         .  ...  .  .'         .  .  .  Page  1232 

insanity,  certifying  to,  qualifications  of,  relative  to    .  .  .     645  1 

mentally  deranged  persons,  requesting  immediate  hospitaliza- 
tion of,  qualifications  of         .....  .     645  2 

See  also  Medical  service  corporations. 
Pick  clocks,  so  called,  looms,  on,  in  certain  textile  factories,  installa- 
tion of,  law  requiring,  made  inapplicable  to  linen  fire  hose 
weaving      .........     164 

testing  of  .  .  .  .  .  .  .  .  .     462 

Pier,  Boston,  city  of,  in,  construction  and  lease  of,  and  acquisition  of,  1  7,^  10 

certainwaterfrontpropertics,  by  state  department  of  public  \  Lr,Q  o 

works ]'^^  3 

state  (see  New  Bedford  state  pier). 
Pigeons,  homing  (see  Game  and  inland  fisheries). 
Pigs  (see  Swine). 
Pilgrim  tercentenary,  state  property  acquired  in  connection  with, 

maintenance,  etc.,  appropriations  ....     419  2202-06 

Pine  blister  rust  (see  White  pine  blister  rust). 

Pipe  lines,  conveying  petroleum  and  petroleum  products,  for,  con- 
struction, etc.,  of,  relative  to  ....  .     678  1, 2 

Pittsfield,  city  of  (see  Cities  and  towns). 
Plainville,  town  of  (see  Cities  and  towns). 

Plan  B  form  of  city  charter,  question  of  adopting,  for  the  city  of 
Maiden,  voting  on,  by  said  city  at  its  regular  municipal 
election  in  the  current  year  ......     362  1,  2 

Plane  co-ordinates,  system  of,  for  designatyig  and  stating  positions 
of  points  on  surface  of  earth  within  commonwealth,  de- 
fined and  use  thereof  authorized    .  .  .  .  .47 

Planning  boards,  failure  of,  to  file  certain  reports  in  relation  to 
zoning  ordinances  or  by-laws,  adoption  and  amendment 
of  such  ordinances  or  by-laws  after         ....     320 

PLANNING   BOARD,   STATE: 

[419/         0419-01. 

...  I  0410-09 

appropriations |         q^^/qIq^^^ 

I  ^^^  \  0419-02 

chairman  of,  handicrafts,  problems  connected  with  stimulation 

of,  investigation  and  study  as  to,  by       .  .     Resolves  13,  50 

tenements  and  dwellings,  raising  standards  of,  and  relative  to 
limited  dividend  corporations,  special  commission  to  study 
as  to,  to  be  member  of  ...  .        Resolve       71 

division  of  metropolitan  planning  of  the  metropolitan  district 

commission,  all  powers  and  duties  of,  transferred  to  .  .     466  1-8 

Plant  pest  control  and  fairs,  division  of  (see  Agriculture,  depart- 
ment of). 
Plumbers,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Plumbing,  inspector  of,  position  of,  in  classified  civil  service,  rela- 
tive to         ........  . 

Plymouth,  bay,  herring  or  alewives,  certain,  taking  from  certain 
waters  of,  prohibited    ....... 

harbor,  herring  or  alewives,  certain,  taking  from  certain  waters 
of,  prohibited       ........ 

improvement  of,  borrowing  of  money  by  town  of  Plymouth, 
for      .......... 

commonwealth,  federal  government  and  town  of  Plymouth, 
by      .......  .        Resolve       86 

town  of  (see  Cities  and  towns). 
PLYMOUTH    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     528  1 

county  buildings,  certain,  making  certain  changes  and  repairs 

in,  by  .  . 100  1-3 

Duxbury,  town  of,  shore  protection  in,  by  state  department  of 

public  works,  contributions  to  cost  of,  by        .  .  .     542  1-3 

Marshfield,  town  of,  protection  of  shores  in,  contribution  toward 

cost  of,  by  .  . 449  1-3 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 

area  in         .........       47 

naval  ammunition  depot  and  lighter-than-air  base,  so  called, 
acquisition  by  United  States  of  certain  lands  for,  in,  con- 
sent of  commonwealth  to,  etc.        .....     702  1-4 


49 

172 

598 

1,  Subs.  97A 

172 

598 

1,  Subs.  97 A 

64 

1.2 

513 

1.2 

1520 


Index. 


PLYMOUTH   COUNTY  —  Concluded. 

Plymouth,  town  of,  lease  to,  by,  of  certain  land  for  diniip  pur- 
poses ......... 

tax  levy         .......... 

Podiatry  (see  Chiropody  (podiatry),  board  of  registration  in). 
POLICE    OFFICERS: 

appointments  to  such  regular  police  forces  as  arc  within  classi- 
fied civil  service,  relative  to  ..... 

arrests  by  (see  Arrests). 

auxiliary,  appointment  of,  etc.,  in  cities  and  towns  for  civilian 
defense  purposes  ....... 

auxiliary  police  departments,  liorrovving  of  money  for,  by  cities 
and  towns  in  time  of  war  or  national  emergency 

bicycles,  registration  and  operation  of,  powers  and  duties  as  to, 
in  certain  cities  and  towns    ...... 

capitol  police,  appropriations  ...... 

chiefs  of  police,  cigarette  tax  law,  violations  of,  powers  as  to 
transportation  by,  of  persons  for  temporary  care  in  institutions 
for  the  insane      ........ 

cigarette  tax  law,  violations  of,  powers  as  to     . 

civil  service  commission  and  director  of  civil  service,  investigat- 
ing powers  of,  to  extend  to  . 

conservation,  department  of,  certain  employees  of,  given  certain 
powers  of,  within  state  forests,  state  parks  and  reser- 
vations       ......... 

insane,  institutions  for,  temporary  care  in,  transportation  of  per- 
sons for,  by  .......  . 

intermittent,  so  called,  in  certain  cities  and  towns,  appointments 
to  regular  police  force,  relative  to  .... 

metropolitan  district  commission,  of  (see  Metropolitan  district 
commission) . 

promotion  from  reserve  police  force  to  regular  force,  further 
regulated    ......... 

reserve,  age,  maximvnn,  for  appointment  of,  to  regular  police  force 

promotion  to  regular  police  force,  certification  of  names  for, 

further  regulated  ....... 

retirement  of     ........  . 

retirement  systems,  contributory,  in  certain  towns  under  ten 
thousand  population,  as  affecting  .... 

service  in  any  part  of  commonwealth  for  suppression  of  riots, 
etc.,  or  after  proclamation  by  governor  setting  forth  a 
state  of  emergency,  relative  to       . 

special,  employees  of  department  of  corporations  and  taxation 
as,  in  connection  with  enforcement  of  provisions  of 
cigarette  tax  law  ....... 

state,  retired,  compensation,  appropriations 

special,  certain,  service  by,  of  warrants  issued  by  governor    . 
See  also  Public  safety,  department  of;  State  police. 
Police  patrol,  state  (see  Public  safety,  department  of:  divisions  of: 

state  police). 
Police,  state,  division  of  (see  Public  safety,  department  of). 
Policies  of  insurance  (see  Insurance). 
Political  committees  (s<e  Elections). 
Political  parties  (.soo  Elections). 
Pollock  (see  Fish  and  fisheries). 
Poll  taxes,  collection  of,  applicability  of  certain  laws  to   . 

interest  on  unpaid,  payment  of        .....  . 

notices  of,  time  of  sending       ....... 

Ponds  (see  Waters  and  waterways). 

Pondville  hospital  at  Norfolk,  appropriations     .         .   _. 

Ponkapoag  golf  course,  additional  facilities  at,  cost  of,  appro- 
priation      ......... 

Poor  and  indigent  persons,  aid  to,  cities  and  towns,  by,  state  re- 
imbursement on  account  of,  rendering  of  certain  accounts 
for     .......... 

hospital  bed,  free,  for,  appropriations  by  towns  for  maintenance 
of 


Chap. 

r  31 

1  152 
528 


Item  or 
Section. 

1,2 

1,2 

1 


621 


719 

487 


1-3 


710 
/419 
\683 

417 

1 

0416-03 

0416-03 

8,  10 

216 
417 

1 

8,  10 

559 

722 

11 

216 

1 

021 

39 
39 

39 

670  ( 

10,  15,  19. 
20,25 

377 

719 


417 

16 

/419 
1683 

2811-04 

2811-04 

70 

258 
258 
258 

419 

683 
730 

419 


406 
72 


3 
1 

2 

2031-00  to 
2031-24 
2031-25 

Page  1176 

8602-28 


Index. 


1521 


Chap. 
Poor  and  indigent  persons  —  Concluded. 

sick,  care  and  treatment  of,  in  private  hospitals,  reimbursement 

of  cities  and  towns  by  commonwealth  for        .  .  .     412 

state  charges,  as,  visitation  by  department  of  public  welfare       .     404 

support  of,  appropriations      .  .  .  .  .  .  .419 

See  also  Old  age  assistance,  so  called;   Public  welfare. 
Port  Authority,  Boston,  cost  of,  reimbursement  of  city  of  Boston  ("419 
for  portion  of,  appropriations         .  .  .  .       _   .  \  730 

shipping  business  and  wharfage  charges  at  Port  of  Boston,  in- 
vestigation relative  to,  by     .  .  .  .       Resolve       57 

Port  of  Boston,  functions  relating  to,  appropriations      .  .  .     419 

Fund,  receipts  received  by  commonwealth  from  operation  of 

airports  to  be  credited  to       .  .  .  .  .  .     095 

shipping  business  and  wharfage  charges  at,  investigation  relative 

to       .......  .        Resolve       57 

Portraits  of  former  governors,  restoration  and  protection  of,  ap- 
propriation .  .  .  .  .  .  .  .     419 

Possession  of  land,  recovery  of  (see  Summary  process  for  possession 

of  land). 
Postal  savings  stamps,  United  States  defense,  distribution  of, 
co-operation  by  banking  institutions  in  .  .  . 

Posted  land,  hunting,  trapping  or  fishing  on,  penalized   . 
Postmaster  and  assistant  postmaster,  central  mailing  room,  of, 
positions  of,  placed  under  commission  on  administration 
and  finance  and  under  civil  service  ....     433 

Power  of  sale  (see  Mortgages,  real  property,  of). 
PRACTICE   IN   CIVIL   ACTIONS: 

appeals,  supreme  judicial  court,  to,  record  transmitted  to  said 

court  in,  contents  of     .  .  .  .  .         _.      _    .     187 

attachment,  personal  property,  encumbered,  of,  investigation 

relative  to  ......       Resolve       17 

property,  of,  investigation  relative  to  .  .  .        Resolve         7 

banks  and  banking,  concurrent  jurisdiction  of  supreme  judicial 

and  superior  courts,  exclusion  from,  of  cases  relating  to    .       28 

civil  service  laws,  seniority  rights  in  official  service  under,  judi- 
cial review  to  determine,  multiplicity  of  petitions  for, 
avoidance  of        .  .  .  .  ._         .        _  ._         .166 

death,  actions  for,  damages  in,  method  of  assessing  and  minimum 

amount  recoverable,  study  relative  to    .  .        Resolve       40 

insurance  matters,  concurrent  jurisdiction  of  supreme  judicial 

and  superior  courts,  exclusion  from,  of  certain  .  .     180 

libel,  actions  for,  and  slander,  investigation  relative  to       Resolve       38 

negligence,  evidence  of,  admissibility  of  evidence  of  violation 
of  statutes,   ordinances,   etc.,   as,  investigation  relative 
to       .......  •       Resolve       17 

imputed,  and  contributory  negligence,  abolishing  defences 
of,  in  case  of  injury  to  children  under  seven,  study  as 
to       .......  -       Resolve       24 

real  estate  mortgages,  powers  of  sale  to  foreclose,  in  which  sol- 
diers or  sailors  may  be  interested,  judicial  determination 
of  rights  to  exercise      .......       25 

supreme  judicial  and  superior  courts,  concurrent  jurisdiction  of, 

exclusion  from,  of  cases  relating  to  banks  and  banking      .       28 
exclusion  from,  of  certain  insurance  matters        .  .  .     180 

supreme  judicial  court,  record  transmitted  to,  in  appellate  pro- 
ceedings, contents  of    .  .  .  .  .  .  .187 

tort  actions  arising  out  of  operation  of  motor  vehicles,  removal 
from  district  courts  to  superior  court,  bond,  filing  of,  in, 
not  required  in  certain  cases  .....     203 

time  of  making  application  for  .....     203 

tort  actions  arising  out  of  operation  of  publicly  owned  motor  ve- 
hicles, etc.,  investigation  relative  to  damages  for     Resolve       17 

trustee  process  in  actions  upon  judgments,  investigation  relative 

to       .  .  .  .  .  .  .  .        Resolve       17 

See  also  Actions,  ci\'il;  Attachment;  District  courts;  Equity; 
Evidence;  Executions  in  civil  actions;  Land  court;  Pro- 
bate courts;  Service  of  process;  Summary  process  for 
possession  of  land;  Supreme  judicial  and  superior  courts; 
Trustee  process. 


Item  or 
Section. 


1907-07. 
1907-09, 
1907-10 

3134-01 
3134-01 


3131-01  to 
3132-13 


15 


0401-32 


1,2 


/221 
\575 
699      2,  Subs.  100 


1-4 


1,2 


1.2 


1.2 


2.3 
1.3 


1522 


Index. 


Pratt,  William  H.,  payment  by  commonwealth  of  annuity 
to       .......  .        Resolve 

Preferential  voting  and  proportional  representation,  election 
of  certain  city  and  town  officer.?  by,  certain  laws  author- 
izing, made  applicable  to  city  council  of  Boston 

Pregnant  prisoners,  etc.,  committed  to  departments  for  defective 
delinquents,  removal  and  hospitalization  of     . 

Premises  (see  Real  property). 

Presidential  primaries,  ballots  at,  number  of  blank  spaces  to  be 
provided  on         .......  . 

Prices  (see  Sales;  Unfair  Cigarette  Sales  Act,  so  called;  Unfair  Sales 
Act,  so  called). 

Prima  facie  evidence  (see  Evidence). 

Primaries  (see  Elections). 

Principal  and  income,  compensation  of  certain  fiduciaries,  appor- 
tionment of,  as  between         .....  t 

Prison  camp  and  hospital  at  Rutland,  abolition  of,  act  making 
changes  in  general  laws  necessitated  by  .  .  . 

Prisoners,  descriptions,  finger  prints,  etc.,  of,  further  provision  for 
insane,  committed  to  institutions,  discharge  of  .  .  . 

pardoning  of  (see  Pardons), 
parole  of  (see  Parole). 

released  upon  permits  or  on  parole,  return  to  prison  of  certain 
state  penal   and  reformatory  institutions,  in,  liberty  permits, 
granting  to  ........ 

time  off  for  good  behavior  ....... 

See  also  Penal  and  reformatory  institutions. 

Prison  industries,  employees  in,  appropriations    .... 

salaries  of  persons  employed  in  certain,  payment  of,  made  subject 

to  appropriation  ....... 

Prison  labor,  uniforms  or  equipment  made  by,  no  payment  to  be 
made  from  certain  appropriation  for  state  guard  for 

Prison  officers  and  instructors,  retired,  compensation,  appro- 
priations    ......... 

Prisons  (see  Penal  and  reformatory  institutions). 

Prison,  state  (see  State  prison). 

Private  clubs,  women  and  children  employed  in  certain,  hours  of 
labor  ......... 

Private  conversations,  husband  and  wife,  between,  declarations  of 
deceased  persons  not  to  be  inadmissible  in  evidence  as,  in 
certain  cases        ........ 

Private  trade  schools,  defined  and  regulated  further     . 

Probate  and  insolvency,  judge,  special,  Middlesex  county,  for, 
salary  established  ....... 

judges,  compensation,  expenses,  etc.,  appropriations 

retired,  pensions  for,  appropriation       ..... 

registers,  appropriations  ....... 

trust  funds,   small,   collective  investment  of,   declaration  of 
trust  and  account  of  administration,  filing  with 
See  also  Probate  courts. 
PROBATE   COURTS: 

absentees,  settlement  of  estates  of,  proceedings  as  to,  in 
administrative  committee  of,  appropriation       .... 
administrators  de  bonis  non,  sale  of  real  estate  by,  under  license  of 
adoption,  minors,  by,  of  their  natural  children,  petitions  for,  in  . 

appropriations       ......... 

bonds  of  certain  fiduciaries,  sureties  on,  exemption  from  giving, 
notice  to  certain  guardians  and  conservators  of  applica- 
tions for,  in  .......  . 

compensation  of  certain  fiduciaries,  apportionment  of,  as  be- 
tween principal  and  income,  determination  by 

equity  proceedings  in,  affecting  title  to  real  estate,  memoranda 
relative  to,  recording  of,  in  registries  of  deeds  . 

fiduciaries,  compensation  of  certain,  apportionment  of,  as  be- 
tween principal  and  income,  determination  by 


Chap. 

Item  or 
Section. 

76 

345 

610 

2,3 

352 


36 


344 

1-28 

69 

216 

2 

174 

277 
277 

730 

436 

2 
419 
683 


574 


1.2 


4411  to  4711 


1.2 
2811-03 
2811-03 


363 

1.2 

583 

1-3 

503 

419  { 

0305-01  to 
0305-03 

683 

0305-02 

419 

0309-01 

419  1 

0305-04  to 
0306-13 

083 

0306-14 

474 


399 

1.2 

419 

0307-01 

341 

1.2 

44 

419  1 

0305-01  to 
0307-01 

683  1 

0305-02, 
0306-14 

45 

1.2 

36 

88 

1,2 

36 

Index. 


1523 


PROBATE   COURTS  —  Concluded. 

guardians  and  conservators  of  inmates  of  certain  institutions 
under  jurisdiction  of  department  of  mental  health,  ac- 
counts of,  allowance  by  .....  . 

collection  of  sums  due  from,  for  support  of  their  wards,  powers 
as  to  ......... 

insane  persons,  guardians  of,  removal  by  .... 

judges  (see  Probate  and  insolvency,  judges). 

licenses  by,  sale  of  real  estate  by  administrators  de  bonis  non 

under  .  . 

persons  suspected  of  having  fraudulently  received,  concealed, 
embezzled  or  conveyed  away  property  of  a  deceased  per- 
son, certain  proceedings  with  respect  to,  in     . 
real  estate,  title  to,  proceedings  affecting,  under  equity  jurisdic- 
tion in,  recording  in  registries  of  deeds  of  memoranda 
relative  to  .  .  .  .  . 

registers  (see  Probate  and  insolvency,  registers). 

wards,  certain,  burial  of,  payment  of  charges  and  expenses  of, 

powers  and  duties  as  to         . 
Worcester  county,  of,  court  officer  for,  appointment,  etc.  . 
Probation,  children,  certain,  placing  on,  by  superior  court 
Probationary  period,  civil  service  laws,  under,  certain  employees 

in  classified  public  service  not  to  be  subject  to  a      . 
PROBATION,   BOARD    OP: 

appropriations       ......... 

probation  officers  to  act  exclusively  in  juvenile  cases  in  district 
courts  other  than  municipal  court  of  city  of  Boston,  ap- 
pointment and  removal  of,  consultations  relative  to,  by 
administrative  committee  of  district  courts  with 
Probation  oflBcers,  appointment  of,  to  act  exclusively  in  juvenile 
cases  in  certain  district  courts  other  than  municipal  court 
of  city  of  Boston  ....... 

district  courts,  of,  placing  in  care  of,  of  certain  children  placed 
on  probation  by  superior  court      ..... 

temporary,  district  courts,  for,  appointment  of,  authorized 
Process    (see   Criminal  procedure   and  practice;    Practice  in  civil 

actions;  Service  of  process). 
PROCLAMATIONS   BY   GOVERNOR: 

emergency,  state  of,  setting  forth    ..... 

Veteran  Firemen's  Muster  Day,  observance  each  year  of,  for 
Produce,  farm,  sale  of,  special  licenses  for  persons  to  be  auctioneers 
in,  issuance,  etc.  ...... 

Professional  engineers  and  land  surveyors,  board  of  registra- 
tion of,  appropriation  ..... 

established,  etc.     ........ 


Chap. 


Item  or 

Section. 


Promissory  notes  (see  Notes) . 
Proof,  burden  of  (see  Evidence). 

Property,  agricultural  carriers  by  motor  vehicle  transporting,  super- 
vision and  control  of    . 
aircraft  transporting,  rates  for,  etc.,  regulated 
disposition  of,  under  wiUs  in  certain  cases  of  fraud,  etc.,  investi- 
gation relative  to,  by  judicial  council     .  .        Resolve 
motor  vehicles  transporting,  commonwealth  or  political  subdi- 
visions thereof,   for,   exempted  from  law  providing  for 
supervision  and  control  of  motor  vehicles  tran.sporting     . 
further  regulated         ........ 

hearings  and  notices  upon  applications  for  permits  for,  regu- 
lation of     ........  . 

interstate  commerce,  in,  investigation  relative  to    .       Resolve 
personal  (see  Personal  property), 
real  (see  Real  property). 

simultaneous  deaths,  effect  of,  upon  devolution  of     . 
taxation  of  (see  Taxation). 
Property  and  disbursing  officer  (see  Militia). 
Proportional  representation  and  preferential  voting,  election 
of  certain  city  and  town  officers  by,  certain  laws  author- 
izing, made  apphcable  to  city  council  of  Boston 
question  of  election  of  city  and  town  officers  by,  submission  to 
voters  at  municipal  elections  instead  of  at  state  elec- 
tions ......... 


398 


398 
325 


341 
323 


241 
226 
264 

195 

419  I 

677 
677 


1,2 
1.2 
1.2 


1.2 
1,2 


0311-01, 
0311-02 


264 

477 

1.2 
1.2 

719 

387 

6 

81 

730 
/643 

1722 

lA 

1412-01 

1-5 

,  9A-9C 

704 
713 

1-4 

18 


692 
483 


592 
54 


549 


345 
640 


1-3 

1.2 

1.2 


1524 


Index. 


Prorogations  of  general  court,  statements  as  to 

Prosecutions  (see  Criminal  procedure  and  practice). 
Province  lands,  care  and  maintenance  of,  appropriation 
Provincetown,  town  of  (see  Cities  and  towns) . 
Proxies,  United  States  Post  Office  Inspection  Service  Mutual  Bene- 
fit Association,  Inc.,  members  of,  authorized  to  vote  by  . 

Psychopathic  hospital,  Boston,  appropriations  .... 

Public  accountants,  registration  of,  appropriations 

Public  amusement,  places  of  (see  Amusement,  places  of). 

Public  debt  (see  State  finance). 

Public  employees  (see  Commonwealth,  officers  and  employees  of; 
Counties,  officers  and  employees  of;  Labor,  public  em- 
ployees;   Municipal  officers  and  employees. 

Public  expenditures,  taxation  and,  special  commission  on, 
complete  report  of,  printed  copies  of,  free  distribution  by 
state  secretary     ........ 

Public  fishing  and  shooting  grounds  (see  Game  and  inland  fish- 
eries). 

Public  health  council  (see  Public  health,  department  of). 

PUBLIC  HEALTH,  DEPARTMENT  OF: 

in  general,  alcoholic  beverages,  analysis  by,  certain  forms  for 
use  in  connection  with,  furnishing  of       . 
antitoxins,  serums,  etc.,  for  prevention  or  cure  of  diseases  in 
national  emergencies,  distribution  of,  by 


appropriations 


Auburn  Water  District,  water  supply  for,  approval  by  . 
Ayer,  town  of,  sewerage  disposal  system  in,  approval  of  plans, 
etc.,  by       ........  . 

bedding  and  upholstered  furniture,  sale  within  commonwealth 
of,   manufactured   withoift   commonwealth,   granting  of 
permits  for,  by,  pro\'isions  of  law  relative  to,  repealed    . 
beverages,  non-alcoholic,  certain,  rules  and  regulations  con- 
cerning, made  by,  penalty  for  violations  of    . 
Boylston,  town  of,  water  supply  for,  approval  by 
Bristol  county  agricultural  school,  water  supply  for,  approval 

by 

Charles  river,  pollution  of,  further  prevention  of,  powers  and 

duties  as  to  . 

Charlton  Water  District,  wat«r  supply  for,  approval  by 
divisions  of,  directors  of,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service,  as  affecting 
Dracut    Water    Supply    District,    additional    water    supply 
sources  for,  approval  by        .....  . 

hospitals  and  sanatoria,  licensing  of,  by,  and  powers  and  duties 
in  connection  therewith  regulated  .... 

inebriates,  bureau  for  care  of,  establishment  of,  in,  investiga- 
tion relative  to    .  .  .  .  .  Resolve 

Ipswich  river,  taking  of  water  from,  by  Lynn,  Peabody,  Salem, 
Beverly  and  Danvers  for  emergency  purposes,  etc.,  powers 
as  to  ......... 

marine  fish  and  fisheries,  laws  relative  to,  powers  and  duties  in  ) 
connection  with  .  .  .  .  .  .  .  .  / 

marriage  intention  certificates,  applicants  for,  examination  of,  I 

for  infectious  diseases,  powers  and  duties  as  to         .  .    ( 

medical  service   plans,   non-profit,   powers  and   duties   as  to  1 

certain        .  .  .  .  .  .  .  .  .  / 

metropolitan  water  supply  system,  furnishing  of  water  from, 
to  certain  additional  cities  and  towns,  powers  and  duties 
as  to  ......... 

Newbury,  town  of,  wat^r  supply  for,  approval  by 

North  Reading  state  sanatorium,  water  supply,  acquisition  of 

additional  sources  for,  l)y      . 
officers  and  employees,  certain,  of,  placed  under  civil  service  . 
ragweed,   eradication    and    control    of,    investigation    as   to, 
by      .......  .       Resolve 


Item  or 
Chap.  Section. 

/   Pages  1236, 
I  1266 


419 

206 
419 

419 


2202-03 


1710-00  to 
1710-22 
1414-01. 
1414-02 


256 


199 

612 
419  I 
683 

730 

570 


2001-01  to 
2031-24 
2031-25 

Page  1166; 

2001-02  to 

2023-24 

2 

1,  14 


119 
051 

2 

392 

4 

353 

568 

2 

596 

11 

521 

1 

001 

1.2 

73 

197 
598  { 

46. 

1, 
74, 

Subs. 
76-82 

601  1 

097  2 

Subs.  1,  3-8, 
12,  13 


334 


727 
636 


674 
725 


37 


1-3 
2 

1,2 
1-6 


Index. 


1525 


PUBLIC    HEALTH.   DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

recreational  camps,  overnight  camps  or  cabins  and  trailer 
camps,  inspections  of,  by,  notice  to  licensees  of  results 
of .  .  .  . 

Rutland,  town  of,  system  of  main  drains  and  common  sewers 
to  be  constructed  in,  plans  for,  approval  by    . 

sewage  disposal  needs  of  north  and  south  metropolitan  sewer- 
age districts,  construction  and  maintenance  of  additional 
works  to  meet,  powers  and  duties  as  to 

south  metropolitan  sewerage  district,  additional  sewerage 
works  for,  in  Dorchester  district  of  city  of  Boston  and 
town  of  Milton,  investigation  relative  to,  by,  etc.    Resolve 

waters,  inland  and  tidal,  pollution  and  contamination  of,  pre- 
vention by  ........ 

Williamstown  Water  Company,  water  supply  for,  approval  by 
commissioner,  fish,  removal  of,  from  reservoirs,  etc.,  approval 
by      .  .  ...  .  .  .    ,      . 

hospitals  and  sanatoria,  licensing  of,  powers  and  duties  as  to  . 

marine  fish  and  fisheries,  laws  relative  to,  powers  and  duties  in 
connection  with  ........ 

medical  service  plans,  non-profit,  certain,  powers  as  to  . 

North  Attleborough,  reimbursement  of,  by  commonwealth  for 
money  expended  for  care  of  Eleanor  Cronin  at  certain 
state  sanatoria,  approval  by  .  .  .       Resolve 

ofiicers  and  employees,  certain,  of  department  placed  under 
civil  service,  duties  as  to       . 

Quabbin    reservoir,    use    additional   municipalities   for   water 
supply  purposes,  and  relation  of  city  of  Boston  to  and  its 
share   of  expenses  of  metropolitan   district   commission, 
special  commission  to  investigate,  to  be  or  to  designate  a 
member  of  ......       Resolve 

divisions  of: 

adult  hygiene,  appropriations 


Chap. 

396 
430 

720 

93 

388 
606 

599 
661 

J  598 1 

334 

61 
725 

91 


biologic  laboratories,  appropriations 

child  hygiene,  appropriations 

communicable  diseases,  appropriations 
food  and  drugs,  appropriations    . 
laboratories,  appropriations 

sanitary  engineering,  appropriations     . 

director  of,  metropolitan  district  water  supply  commission, 
to  be  member  of,  in  connection  with  the  providing  for 
sewage  disposal  needs  of  metropolitan  sewer  districts, 
etc.,  by  said  commission    ...... 

tenements  and  dwellings,  raising  standards  of,  and  rela- 
tive to  limited  dividend  corporations,  special  commis- 
sion to  study  as  to,  to  be  member  of  .       Resolve 

tuberculosis,  appropriations  ...... 

public  health  council,  appropriations  ..... 

hospitals  and  sanatoria,  licensing  of,  powers  and  duties  as  to  . 
Public  health,  diseases  dangerous  to,  antitoxins,  serums,  etc., 
for  prevention  or  cure  of,  distribution  of,  by  state  depart- 
ment of  public  health  .  .  .       -  . 
examination  of  applicants  for  marriage  intention  certificates  for 
discovery  of  evidence  of,  required  .... 
Public  institutions  (see  Titles  of  specific  institutions). 
Public  libraries,  division  of  (see  Education,  department  of). 

free,  employees  of  certain,  inclusion  of,  in  contributory  retire- 
ment systems  in  cities  and  towns  .... 
Public  lodging  houses  (see  Inns,  lodging  houses,  etc.). 
Public   officers    (.see   Commonwealth,    officers   and   employees  of; 
Counties,  officers  and  employees  of;    Municipal  oflBcers 
and  employees;   and  titles  of  specific  officers). 


Item  or 
Section. 


9 

12 


2,  Subs.  14 

1,  Subs.  71 

1,  Subs.  25, 

75,  76,  78,  80 

Subs.  10 


419 

419 

419 
730 
419 

419 

419 

419 


720 

71 

419  I 

(419 

\730 

661 


612 
601 
697 


411 


2003-01. 

2003-02 
2007-01  to 

2007-08 
2004-01, 

2004-02 
Page  1166 
2005-01  to 

2006-02 
2012-01, 

2012-02 
2015-01, 

2015-02 
2015-01, 

2015-02 


2020-01  to 
2020-22 
2001-02 
2001-02 

1,  Subs.  71 


1 
1-3 


1-3 


1526 


Index. 


Public    records,    making  of,   by    micro-photographic  process,    use 
thereof  in  evidence,  etc.,  providing  for  .... 

supervisor  of,  appropriation    ....... 

hospital  records,  certain,  disposal  of,  notice  to        .  .  . 

PUBLIC    SAFETY,   DEPARTMENT  OF: 

in  general,  allowances  to  families  of  members  of,  killed  doing 
police  duty,  appropriation  for  payment  of  any  claims  for 


appropriations  . 


petroleum  and  petroleum  products,  pipe  lines  conveying, 
locations  for  construction,  etc.,  of,  powers  as  to 

special  halls,  so  called,  use  of,  for  entertainment  of  spectators 
during  certain  months,  approval  by        . 

boards,  etc.,  in,  boiler  rules,  appropriations  . 


boxing  commission,  appropriations        ..... 

commissioner,  bicycles,  registration  of,  etc.,  in  certain  cities 
and  towns,  duties  as  to 
corporations  and  taxation,  department  of,  employees  of,  as 
special    police    officers   in    enforcement    of   provisions   of 
cigarette  tax  law,  appointment  and  removal  by 
prisoners,  descriptions,  finger  prints,  etc.,  of,  transmission  to  . 
divisions  of: 

fire  prevention,  appropriations     ...... 

state  fire  marshal,  appropriation        ..... 

inspection,  appropriations  ....... 

engineers,  firemen  and  hoisting  machine  operators,  annual 
renewal  of  licenses  for,  by,  relative  to     . 


Chap. 

662 
419 
389 


419 
419 

68.3 
730 

678 

694 

419 

683 
730 

419 
710 


state  police,  appropriations 


cigarette  tax  law,  violations  of,  arrests,  etc.,  for,  by  mem- 
bers of         ........  . 

insane,  institutions  for,  temporary  care  in,  transportation 
of  persons  for,  by  ......  . 

Pratt,  William  H.,  injured  while  in  performance  of  duties 
as  member  of,  annuity  to      .  .  .  .        Resolve 

Public  safety,  governor's  committee  on,  appropriations 

Public  schools  (see  Schools,  public). 

Public  service  corporations,  securities  of  certain,  investments  by 
savings  banks  in  ....... 

See  also  Gas  and  electric  companies;  Public  utilities,  department 
of;    Railroads;    Street  railways;    Telephone  companies. 
PUBLIC   UTILITIES,   DEPARTMENT    OF: 

in  general,  agricultural  carriers  by  motor  vehicle,  supervision 
and  control  of,  powers  and  duties  as  to  ... 

aircraft,  common  carriers  by,  rates  for  transportation  of  per- 
sons or  property  by,  regulation  by  .  . 
airport  approaches,  municipal  regulations  relative  to,  appeals 

from,  powers  and  duties  as  to         . 
Amherst,  town  of,  purchase  by,  of  Amherst  Water  Company, 
compensation  to  be  paid  in,  determination  by,  if,  etc. 

appropriations  ......... 


417 
69 

419 
419 
419 
.730 

525 

419 

683 
,730 

417 

216 


413 

704 

713 

537 

321 
419 

683 


Item  or 
Section. 

1.2 

0501-03 
1 


2805-02 

2101-01  to 

2105-02, 

2970-04, 

2970-05 
2101-03  to 

2104-32 
Page  1159 


1.2 


2104-31, 

2104-32 

2104-32 

Page  1169 

2105-01, 
2105-02 


16 


2103-01  to 
2103-04 
2103-01 

2104-01  to 
2104-22 

Page  1169 

1.2 
2102-01  to 
2102-04, 
2970-04, 
2970-05 
2102-02 
2970-06 

8,  10 


76 

33 

1.2 

210 

1.  2 

1  419 

0450-01 

1730 

Page  1159 

5,  Subs.  40H 


2301-01  to 
2308-02 

2301-08  to 
2302-02 


Index. 


1527 


PUBLIC    UTILITIES,   DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

aqueduct    companies,    acquisition    and    maintenance    of   real 

estate  by,  powers  and  duties  as  to 

Boston  Elevated  Railway  Company,  bonds  of,  purchase  by 

Boston  metropolitan  district,  powers  and  duties  as  to 

trustees  of,  accounting  duties,  etc.,  of,  proceeding  for  judicial 

determination  of,  powers  and  duties  as  to        .        Resolve 

Boston  Terminal  Company,  real  estate  of,  taxation  of,  upo-n 

discontinuance  of  railroad  service  unless  with  permission 

of,  etc.         ......... 

Bristol  county  agricultural  school,  water  supply  for,  laying  of 

pipes,  etc.,  on  railroad  locations  for,  approval  by,  when    . 

buses,  special  or  chartered,  so  called,  minimum  mileage  rates 

for,  establishment  of,  by        . 
Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,   acquisition   by  city  of  Boston  and 
lease    thereof    to    Boston    Consolidated    Gas    Company, 
powers  and  duties  as  to  . 

gas  and  electric  companies,  contracts,  certain,  of,  approval 
by,  etc.       ......... 

Gosnold,  town  of,  maintenance  and  operation  by,  of  a  munici- 
pal lighting  plant  without  supervision  and  control  by 
hearings  before,  motor  carriers,  certain,  applications  for  per- 
mits, etc.,  for,  regulation  of  notices,  etc.,  in  connection 
with  .......... 

inspectors  or  investigators  of,  penalizing  persons  who  falsely 

assume  or  pretend  to  be         . 
Lowell,  city  of,  rights  and  privileges  of,  in  town  of  Tewksbury, 
in  connection  with  water  supply  for  certain  inhabitants 
of  said  town,  price  to  be  paid  for,  to  be  determined  by, 
when  ......... 

motor  carriers,  licenses,  etc.,  revocation  of,  upon  application 

to      .  .  .  .  .  

supervision  and  control  of,  additional  powers  and  duties 
as  to  ......... 

motor  vehicles,  passengers,  carrying,  for  hire,  inquests  in  cases 

involving,  reporting  of  evidence  at,  to,  etc. 
railroad  corporations,  changes  of  location  by,  with  approval 

of  .  .  .  .  .  

water  companies,  acquisition  and  maintenance  of  real  estate 
by,  powers  and  duties  as  to 
commission,  chairman  of,  to  be  or  to  designate  a  member  of 
special  commission  to  investigate  relative  to  co-ordina- 
tion of  transportation  facilities  in  and  around  metropoli- 
tan Boston  area,  the  extension  of  rapid  transit  system 
from  South  Station  to  Readville  district  and  relative  to 
continuance  of  adequate  railroad  transportation  service 
for  certain  communities         ....        Resolve 

securities,  sale  of,  administration  of  law  relative  to,  by,  appro-  1 
priations     .........  j 

divisions  of: 

commercial  motor  vehicle,  appropriations     .... 

director  of,   act  promoting  equality  of  compensation  for 
positions  in  state  service,  as  affecting     .... 

investigators  and  examiners  of,   powers  and    duties   as   to 
motor  carriers      ........ 

motor  vehicles,  transporting  property,  hearings  upon  appli- 
cations for  permits  for,  notice  of,  to  be  posted  in  office 

of 

smoke  inspection,  appropriations  ..... 

director   of,    act   promoting  equality   of   compensation   for 
position.^  in  state  service,  as  affecting     .... 

telephone  and  telegraph,  appropriation  .... 

Public  warehouses,  tangible  personal  property  in  storage  in,  exemp- 
tion from  local  taxation         ...... 

Public  ways  (see  Ways,  pubhc). 

PUBLIC  WELFARE,  DEPARTMENT  OF: 

in  general,  accounts  against  commonwealth  by  cities  and  towns 
on  account  of  certain  poor,  sick  and  dependent  persons, 
rendering  to         .......  . 


Chap. 


275 
567 


89 


711 
392 


480 


369 
400 


684 


592 
71 


500 
653 


483 
499 


53 

275 


43 
•419  I 

419  { 

596 
653 


592 
419 


596 
419 


482 


406 


Item  or 
Section. 


3.4 
1,2 
1.2 

1.2 


3 

4 

1-3 


2308-01, 
2308-02 

2304-01, 
2304-02 

19 

1.5 

1 

4311,4312 

18 
2301-05 


1528 


Index. 


PUBLIC   WELFARE,   DEPARTMENT   OF  —  Continued. 
in  general  —  Concluded. 


appropriations 


children,    fourteen,    under,    in    foster    homes    and    boarding 

houses,  powers  and  duties  as  to     . 
delinquent   children,    mental   and   physical   examinations   of, 
prior  to  their  commitment  to  ....  . 

delinquents,  juvenile,  held  for  examination  or  trial,  care  of,  by 
inventories  of  stock,  etc.,  required  to  be  made  by  trustees  of 
institutions    imder,    change    in    fiscal    year    of    common- 
wealth, as  affecting  time  for  filing         _  .  .  .       _    . 
merit  system,  so  called,  installed  and  administered  by,  at  in- 
stance of  federal  social  security  board,  validation  of  ac- 
tion under            .          .          .          .                               .  . 

mothers  with  dependent  children,  aid  to,  fuller  co-operation 
with  federal  government  in  administering  laws  relative 
to,  powers  and  duties  as  to         . 
records  relating  to,  etc.,  act  maldng  confidential  and  pro- 
hibiting misuse  thereof,  powers  and  duties  as  to  . 
state  reimbursement  of  cities  and  towns  on  account  of, 
powers  and  duties  as  to     . 
old  age  assistance,  fuller  co-operation  with  federal  government 
in  administering  laws  relative  to,  powers  and  duties  as  to 
powers  and  duties  as  to  . 

records  relating  to,  etc.,  act  making  confidential  and  pro- 
hibiting misuse  thereof,  powers  and  duties  as  to       . 
sick  poor  persons,  care  and  treatment  of,  in  private  hospitals, 
by  cities  and  towns,  state  reimbursement  for,  approval  by 
visitations  by,  of  certain  persons  receiving  public  aid 
commissioner,  funds,  certain,  receipt  and  disposition  by 

funds  for  benefit  of  former  wards  of  division  of  child  guardian- 
ship, disposition  of,  etc.,  powers  and  duties  as  to     . 
Massachusetts  board  for  the  promotion  of  opportunities  for 
young  people,  to  be  member  of      . 

meal  tax,  so  called,  powers  and  duties  as  to 

medical  service  corporations,  certain,  formation  of,  consent 
by,  etc.       ......... 

merit  system  for  certain  ofEcers  and  employees  of  local  boards 
of  public  welfare,  certain  board  to  act  in  connection  with, 
to  be  member  of  ....... 

old  age  assistance,  so  called,  powers  and  duties  as  to 

surplus  marTceting  administration  of  United  States,  acceptance 
of  surplus  commodities  of,  and  distribution  under  food 
stamp  plan,  powers  and  duties  as  to       . 
divisions  of: 

aid  and  relief,  appropriations       ...... 

director  of,  act  promoting  equality  of  compensation  for  po- 
sitions in  state  service,  as  affecting         .... 


Chap. 


419 
683 
730 

629 

327 
648 


child  guardianship,  appropriations 


director  of,  act  promoting  equality  of  compensation  for  po- 
sitions in  state  service,  as  affecting  .... 

funds,  unclaimed,  held  for  benefit  of  former  wards  of,  dispo- 
sition of      ........  . 

juvenile  training,  appropriations  ..... 

Massachusetts  training  schools,  trustees  of,  in  (see  Massa- 
chusetts training  schools). 

state  board  of  housing,  appropriations  .... 

assistants  appointed  by,  act  promoting  equality  of  compensa- 
tion for  positions  in  state  service,  as  affecting 


Item  or 
Section. 


1901-01  to 
1919-24 

1906-01  to 
1917-00 

1901-21  to 
1906-03 

2,  3,  6-8 


056 

13,  17 

402 

5-8 

593 

1.2 

630 

1.3,4 

405 

597 
729  1 

1,2 
2,5,7,8,10 

030 

1.3,4 

412 
404 
523 

618 

646 
729  { 

1 

17,  Subs. 

2-8,  10 

334 


402 
729 


634 

419 

596 
419 

683 

730 

596 

618 
419  I 

419  I 
596 


Subs.  3 


11,  16,17 


1.2 

1904-01, 
1904-02 

12 
1906-01  to 
1906-03 
1906-01  to 
1906-03 
1906-01, 
1906-03 

13 


1908-01, 
1908-02 


1902-01, 
1902-02 

14 


Index. 


1529 


PUBLIC  WELFARE,  DEPARTMENT  0¥  —  Concluded. 
state  board  of  housing  —  Concluded. 

defense  housing  during  present  emergency,  engaging  in,  by 

housing  authorities,  powers  and  duties  as  to   . 
dwelling  units  in  certain  buildings  erected  and  maintained  by 
housing  authorities,  number  of,  approval  as  to,  by 
PUBLIC   WELFARE,   LOCAL   BOARDS   OF: 

information  to,  by  benefit  associations  and  insurance  companies 
relative  to  certain  payments  to  public  welfare  recipients  . 
merit  system  for  certain  officers  and  employees  of,  establishment 
of,  and  validation  of  action  under  merit  system  installed . 
and  administered  by  department  of  public  welfare  at  in- 
stance of  federal  social  security  board     .... 

old  age  assistance,  administration  of  laws  relative  to,  by,  further 
regulated    ......... 

public  assistance  records  in  custody  of,  making  confidential  and 
prohibiting  misuse  thereof    ...... 

See  also  Poor  and  indigent  persons. 
Public  welfare  relief,  borrowing  by  cities  and  towns  on  account 

of     .  .  .  

discrimination  in  dispensing  of,  because  of  race,  color,  religion 
or  nationality,  prohibited      ...... 

funds,  municipal,  certain,  balance  of,  remaining  after  discon- 
tinuance by  a  city  or  town  of  Federal  Surplus  Commodity 
Stamp  Plan,  so  called,  appropriation  of,  for    . 
records  relating  to,  making  confidential  and  prohibiting  misuse 
thereof        ......... 

state  reimbursement  of  cities  and  towns  on  account  of  certain  . 

surplus  agricultural  commodities,  distribution  of,  under  federal 
stamp  plan,  for,  authorized  ...... 

visitation  by  department  of  public  welfare  of  certain  i>ersons 
receiving     ......... 

Public  works,  empIojTnent  on,  discrimination  in,  because  of  race, 
color,  religion  or  nationality,  prohibited 

federal  grants  for  (see  Federal  emergency  laws). 

performance  bonds  and  fair  competition  for  bidders  on  contracts 
for  construction,  etc.,  by  commonwealth,  etc.,  of  certain, 
relative  to  ........ 

Public  Works  building,  office  building  on  Nashua  street  in  city  of 
Boston  known  as,  certain  employees  in,  placed  under 
civil  service  ........ 

maintenance  of,  etc.,  appropriations     ..... 

PUBLIC   WORKS   COMMISSION,  EMERGENCY: 


Chap. 

317 
291 

608 


Item  or 
Section. 


1-5 


appropriations       ......... 

PUBLIC   WORKS,   DEPARTMENT   OF: 

in  general,  Annisquam  river,  high  level  bridge  over,  in  city  of 
Gloucester,  construction  by  ..... 


appropriations  . 


Balas,  Joseph  and  Josephine,  payment  by  commonwealth  of 
sum  of  money  to,  as  compensation  for  certain  property 
taken  by     .  .  .  .  .  .  .        Resolve 

Barnstable  county,  contributions  by,  to  cost  of  construction 
of  shore  protection  therein  by        .  .  .  .  . 

Becket,  town  of,  right  of  way  to  Center  pond  in,  plans  of  loca- 
tion for,  approval  by    ....... 

Bedford  airport,  so  called,  establishment  of,  by  United  States, 
land  for,  acquisition  of,  by   . 


1402 
[588 

1-9 
1-3 

/597 
1729 

1,2 

1,2,4 

630 

1-4 

92 

1-3 

170 

65 

630 

/405 
\406 

634 

404 

170 


699 

627 
419  I 

r419 
1730 

/613 
\660 

419  I 


683 


730^ 


59 
/515 
\669 

263 
/268 
\660 


1-4 


1,2 


1-7 


1,3-6 

2922-01  to 
2922-03 

0606-01 
0606-01 


2201-01  to 

2202-13, 

2921-01  to 

2924-03, 

3131-01  to 

3132-13 

2220-07  to 

2220-17 

Pages  1167, 

1172, 1173; 

2922-03  to 

2923-60, 

3132-14  to 

3133-14 


1-4 


1 

1-4 


1530  Index. 

Item  or 
Chap.  Section. 

PUBLIC    WORKS,    DEPARTMENT    OF  —  Continued. 
in  general  —  Continued. 

Boston  airport,  so  called,  transfer  of,  to  commonwealth,  etc., 

powers  and  duties  as  to         .  .  .  .  .  .     695  2, 3, 5-8 

Boston,  city  of,  land,  certain,  in  East  Boston,  ceded  to  United 
States  for  airport  purposes,  plans  for  filling  of,  filing  with 
and  approval  by  .......        15  2 

waterfront  properties,  certain,  in,  acquisition  by,  construe-  f  714  1-3 

tion  of  pier  thereon,  etc.  .  .  .  .  \  728  3 

Boston  harbor,  areas,  certain,  in,  ceded  to  United  States  for 
purpose  of  extending  shipbuilding  dock  and  service  pier, 
plans  for  filling  of,  filing  with  and  approval  by      .  .     659  3 

channels     in,     dredging     of,     investigation     relative     to, 
by      .......  .        Resolve         6 

extension  of  piers  into,  beyond  line  of  jurisdiction  of  Boston 
Navy  Yard,  plans  for  location  and  construction  of,  filing 

with 12  2 

Calderone,  Angelo  and  Rose,  payment  by  commonwealth  of 
sum  of  money  to,  as  compensation  for  certain  property 
taken  by     .  .  .  .  .  .  .        Resolve       59 

Chatham  harbor  in  town  of  Chatham,  channel  into,  dredging 

by 516  1,2 

DeFelice,  Teresa,  payment  by  commonwealth  of  sum  of  money 

to,  as  compensation  for  certain  property  taken  by  Resolve       59 
Doherty,  Agnes,  payrnent  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  for  high- 
way purposes,  approval  by  .  .  .  .        Resolve       64 

Dowding,  Joseph  E.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes,  approval  by      .  .  .       Resolve       64 

Mary  E.,  estate  of,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes,  approval  by      .  .  .        Resolve       64 

Duxbury,  town  of,  protection  of  shores  in,  by        .  .  .     542  1-3 

East  Boston,  channel  leading  from,  to  main  channel  of  Boston 

harbor,  dredging  of,  investigation  relative  to,  by  Resolve         6 
Ellison,  Grace  A.,  conveyance  of  certain  land  in  city  of  Quincy 

to,  by  ...  .  .  .  .        Resolve       23 

federal  funds,  applications,  etc.,  for,  powers  and  duties  as 
to,  not  affected  by  certain  act  giving  emergency  public 
works  commission  certain  powers  and  duties  in  relation 

thereto 720  18 

Gloucester  fish  pier,  so  called,  resurfacing  and  dredging  at, 

by 580  1,2 

appropriation 683  2220-17 

harbor    and    waterway    improvements,    certain,    duties    as 

to       .......  .        Resolve       86 

Keresey,  Dennis,  estate  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
by      .......  .        Resolve       59 

labor  service  of,  certain  position  in,  placed  under  ci^^l  service     627  1-6 

Livingston,  Pearl  L.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes,  approval  by      .  .  .        Resolve       64 

marine  fish  and  fisheries,  laws  relative  to,  powers  and  duties  in 

connection  with 598  l.Subs.  28,  29 

Marshfield,  town  of,  shores  in,  protection  of,  by    .  .  .     449  1-3 

Martin,  Delia,  payment  by  commonwealth  of  sum  of  money 

to,  as  compensation  for  certain  property  taken  by  Resolve       69 
Mullen,  Eugene,  payment  by  commonwealth  of  sum  of  money 

to,  as  compensation  for  certain  property  taken  by  Resolve       59 
naval  ammunition  depot  and  lighter-than-air  base,  so  called, 
lands  in  counties  of  Norfolk  and  Plymouth  to  be  acquired 

by  United  States  for,  powers  and  duties  as  to  .  .     702  1,  3 

Olds,  Lucy,  payment  by  commonwealth  of  sum  of  money  to, 

as  compensation  for  certain  property  taken  by       Resolve       59 
Pendergast,  William  J.,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
for  highway  purposes,  approval  by  .  .        Resolve       64 

Plymouth  harbor,  improvement  of,  by  town  of  Plymouth  in  " 
co-operation  with,  etc.,  borrowing  of  money  by  said  town 
for     .........  . 

ponds  and  streams,  measurement  of,  etc.,  by  .  .  . 


64 
513 

1,  2 
1.2 

599  2, 

Subs. 

36,43 

Index. 


1531 


PUBLIC    WORKS,    DEPARTMENT    OF  —  Continued. 
in  general  —  Concluded. 

Provincetown,  conveyance  of  certain  land  in  said  town  to 
inhabitants  of,  by  .  .  .  .  .  •      _    ■ 

Quannapowitt,  Lake,  drainage  of  low  lands  in  town  of  Reading 
adjacent  to,  powers  and  duties  as  to       . 

railroads,  construction  of,  across  state  highways,  powers  and 
duties  as  to  .  .  ... 

Reading,  town  of.  Lake  Quannapowitt,  drainage  of  low  lands 
adjacent  to,  in,  powers  and  duties  as  to 

Reed,  Mary  A.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  by  Resolve 

Rogers,  William  B.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken 
by      .......  .        Resolve 

Roughan's  Point  in  city  of  Revere,  protection  of  shore  at,  by 

Saugus  river,  tide  waters  of,  extension  of  structures  of  Defense 
Plant  Corporation  into,  powers  and  duties  as  to 

Shawsheen  river  in  town  of  North  Andover,  dikes  and  pump- 
ing equipment  at,  construction  of,  etc.,  survey  relative 
to,  by  .  .  .  .  .  .  .        Resolve 

Sheppard,  Dianna,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken 
by      .......  .        Resolve 

slope  easements,  so  called,  in  connection  with  state  highways, 
taking  of,  by        .  .  .  . 

snow  and  ice,  removal  from  state  highways,  removal  of  ve- 
hicles interfering  with,  powers  and  duties  as  to        .  . 

South  Boston,  state  land  adjacent  to  Castle  Island  in,  im- 
provement of       .  .  .  .  .  . 

state  highways,  contracts  anticipating  appropriations,  provi- 
sions of  law  authorizing,  eliminated  in  connection  with 
change  of  fiscal  year  of  commonwealth  .... 
removal  of  vehicles  from,  when  such  vehicles  interfere  with 
removal  of  snow  and  ice        ...... 

Tisbury,  town  of,  channel  from  Vineyard  sound  to  Tashmoo 
pond  in,  construction  by        .  .  .  .         , . 

traffic  congestion,  Boston  and  vicinity  in,  and  throughout 
commonwealth,  proposed  improvements  for  relief  thereof, 
special  commission  to  investigate  as  to,  powers  and  duties 
as  to  .  .  .  .  .  .  .        Resolve 

Wareham,  town  of,  dredging  of  Onset  harbor  in,  by,  share  of 
cost  of,  borrowing  of  money  for,  by  said  town 

Westover  Field  Army  Air  Base,  Slabbery  pond  and  Smooth 
pond  at,  conveyance  to  United  States  by        .  .  . 

Winslow  Bros.  &  Smith  Co.,  payment  by  commonwealth  of 
sum  of  money,  as  compensation  for  certain  property 
taken  by     .  .  .  .  .  .  .        Resolve 

Yankee  Division  Highway,  markers  along,  erection  by  . 
commissioner,  airport  management  bureau  of,  establishment 
of,  in  division  of  waterways  by      . 

Boston,  airport,  so  called,  improvements  to  be  made  at,  etc., 
powers  and  duties  as  to         . 
waterfront  properties,  certain,  in,  construction  of  pier  on, 
powers  and  duties  as  to  . 

traffic  congestion,  proposed  improvements  for  relief  thereof, 
and  certain  other  matters  relating  to  motor  vehicles, 
special  commission  to  investigate  as  to,  to  be  member 
of       .......  .        Resolve 

highways,  functions  relating  to,  appropriations  . 

motor  vehicles  and  trailers,  certain,  permits  authorizing  use 
of,  during  present  national  emergency,  issuance  by 
registrar  of  motor  vehicles,  act  promoting  equality  of  com- 
pensation for  positions  in  state  service,  as  affecting 

appropriations  ......... 

suspension  of  licenses  to  operate  motor  vehicles  because  of 
improper  operation  thereof,  time  and  place  of  such  im- 
proper operation  to  be  specified  in  notices  of  such  sus- 
pensions given  by         ......  . 

See  also  Motor  vehicles. 


Chap. 

Item  or 
Section. 

615 

62 

1.2 

496 

1.2 

62 

1.2 

59 

59 

717 

35 

59 
619 
346 
543 

656 
346 
665 

75 
168 
603 

59 
360 

696 

696 

714 


75 
419 

730 

589 

596 

419 


312 


9,17 

2 

1,2 


1.2 

1,2 


14 

9.  16 

3 


2923-01  to 
2923-60 

2923-14  to 
2923-60 


10 

2924-01  to 
2924-03 


1532 


Index. 


Chap. 
PUBLIC  WORKS,  DEPARTMENT  OF  —  Concluded. 

waterways,  division  of,  airport  management,  bureau  of,  estab- 
lishment of,  in     .  .  .  .  .  .  .  .     695 

{419  < 
\ 
730 
Pupils  (see  Schools). 
Purchasing  agent  (see  Administration  and  finance,  commission  on). 


Item  or 

Section. 


14 

2202-01  to 

2202-13 

Page  1167 


Q. 


Quabbin  Reservoir,  metropolitan  district  commission  police  patrol, 

extension  of,  to,  authorized  ......     461 

appropriation    .........     730 

water  supply  from,  use  by  additional  municipalities,  investiga- 
tion relative  to    .  .  .  .  .  .     Resolves  45, 91 

Quahaugs  (see  Fish  and  fisheries). 

Quannapowitt,  Lake,  drainage  of  low  lands  in  town  of  Reading 

adjacent  to,  payment  of  estimated  cost  for     .  .  .62 

419  I 

683 

,730 

_  salary  of       .........  .     577 

Quincy,  city  of  (.see  Cities  and  towns). 

pumping  station,  replacement  of  boilers  at,  cost  of,  appropria- 
tion    419 


Quartermaster,  state,  appropriations 


shore,  protection  at,  cost  of  certain  repairs  for,  appropriations 


[419{ 
[730 


8902-25 


1,2 

0405-01  to 

0406-07 

0405-01 

Page  1168 

1.2 


8807-23 
2937-13, 
2937-14 
2937-13 


R. 

Rabbits  (see  Game  and  inland  fisheries). 

Race,  discrimination  because  of,  etc.,  employment  on  public  works 
and  projects,  in,  and  in  dispensing  of  public  welfare,  pro- 
hibited  .170 

motor  vehicle  liability  policies  or  bonds,  applicants  for,  against, 

penalty  for  ........     401 

Races,  horse  and  dog  (see  Horse  and  dog  racing  meetings  con- 
ducted under  pari-mutuel  system  of  wagering). 

RACING   COMMISSION,    STATE: 

appropriations       .........     419 

dog  races,  hours  for,  under  licenses  issued  by,  in  certain  emer- 
gencies       .........     382 

sums  payable  to,  from  licensees  of  horse  or  dog  racing  meetings, 

etc.,  investigation  and  study  as  to  .        Resolve       96 

See  also  Horse  and  dog  racing  meetings  conducted  under  pari- 
mutuel  system  of  wagering. 
Racioppi,  Michael,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve 

Radio  and  other  communication  facilities,  survey  of,  expenses 
of,  appropriation  ....... 

Ragweed,     eradication     and     control     of,     investigation     relative 
to       .......  .        Resolve 

Railroads,  bonds  of,  investment  in,  by  savings  banks,  institutions 
for  savings  and  trust  companies  in  their  savings  depart- 
ments ......... 

bridges  or  other  structures  crossing,  above  the  tracks,  erection 

and  maintenance  of  bridge  guards  on  certain 
cars  of,  platform  gates  required  on  certain         .... 

construction  of,  across  state  highways,  relative  to     . 
crossings  of  public  ways  and,  alteration  of,  taking  of  property  for 
railroads  for  private  use,  in  case  of,  applicability  of  certain 

laws  to 273 


0418-01, 
0418-02; 
Page  478 


88 

419 

0401- 

-34 

37 

115* 
413 

2,8. 

11 

273 
273 
496 
233 

1 

3 

I.  2 

*  This  chapter  repealed  by  chapter  413,  section  11. 


Index. 


1533 


Railroads  —  Concluded. 

employees  of,  actions  by  executors  or  administrators  to  recover 

for  deaths  of,  raising  amounts  to  be  awarded  for 
laws  relative  to,  miscellaneous,  changes  in         ...  . 

location,  changes  of,  by  . 

locomotive  engines  of,  whistles  on  .  .  .  . 

motor  vehicles  engaged  in  interstate  transportation  of  property, 

competition  with,  etc.,  investigation  relative  to     Resolve 

private  use,  for,  crossing  of  ways  by,  applicability  of  certain 

laws  to        .  .  .  .  .  •  •  _        • 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises), 
terminal  facilities,  operation  and  maintenance  of,  by,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve 

appropriation  .  .  .  .  .  .       _   . 

tracks  and  cars  of,  unlawful  injury  to  or  interference  with,  etc., 
prohibited  ........ 

transportation  service,  continued,  for  communities  served  by 
certain,  particularly  commuting  passenger  service,  so 
called,  action  to  assure,  investigation  relative  to,  con- 
tinued          Resolve 

appropriation  ........ 

See  also  Boston  and  Maine  Railroad;    Boston  and  Providence 
Railroad  Corporation;    Boston,  Revere  Beach  and  Lynn 
Railroad  Company;   Carriers,  common;   New  York,  New 
Haven  and  Hartford  Railroad  Company;    Old  Colony 
Railroad  Company;   Transportation  companies. 
Railways,  street  (see  Street  railways). 

Range    boilers,  marking,   construction  and  installation   of,    regu- 
lated ......... 

Rapid  transit  facilities.  East  Boston,  Chelsea,  Winthrop,  Revere, 
etc.,  in,  providing  for,  investigation  as  to         .        Resolve 
Rapid  transit  system,  Boston,  city  of,  in,  extension  from  South 
station   to  Readville  district,   investigation  as  to,   con- 
tinued        .......        Resolve 

appropriation     ......... 

Rates,  minimum  mileage,  chartered  or  special  buses,  for,  estab- 
lishment of,  by  department  of  public  utilities  . 
Reading,  town  of  (see  Cities  and  towns). 

Readville  district  of  city  of  Boston,  extension  of  rapid  transit 
system  in  city  of  Boston  from  South  station  to,  investiga- 
tion relative  to,  continued     ....        Resolve 

appropriation     ......... 

Real  property,  administrators  de  bonis  non,  sale  by,  under  license 
of  probate  court  ....... 

deeds  of  conveyance,  designation  in,  of  land  boundary  points 

under  Massachusetts  co-ordinate  system,  so  called  . 
leases  of  (see  Leases). 

loans  on,  co-operative  banks,  by,  borrowing  of  money  by  said 
banks  for  the  purpose  of  making   ..... 

mortgages  of  (see  Mortgages). 

owned  by  testators,  intestates  and  wards,  statements  as  to,  fil- 
ing of,  in  proper  registries  of  deeds         .  .        Resolve 
parcels  of,  which  are  separately  assessed,  bills  for  taxes  on,  etc., 
relative  to            ........ 

sale  of,  auctioneers'  licenses,  special,  in    . 
taxation  of  (see  Taxation). 

tax  titles  (see  Taxation,  local  taxes,  collection  of), 
title  to,  probate  court  proceedings  in  equity  affecting,  recording 
in  registries  of  deeds  of  memoranda  relative  to,  binding 
on  third  parties  .  .  •     .  .  .•  •  •  .        ■ 

water  and  aqueduct  companies,  acquisition  and  holding  by 
See  also  Land;    Summary  process  for  possession  of  land. 
Rebellion,  war  of  the  (see  Civil  war  veterans). 

Receivers,  absentees'  estates,  of,  powers  and  duties  of     .  .  . 

insolvent  insurance  companies,  of,  books  and  papers  deposited 
by,  with  commissioner  of  insurance,  disposition  of  . 
expenses  of,  relative  to        .  .  .  •  •  ■  • 

motor  carrier  certificates,  permits,  etc.,  transfer  of,  upon  appli- 
cation of     .......  . 

Reclamation  board,  state,  appropriations  .    '      . 


Chap. 


504 

273 

53 

273 

54 

273 


67 
683 


54 


43 
683 


Item  or 
Section. 


2 
1-4 


0223 


0204 


518 

28 


43 
683 


480 


1-4 


0204 


43 
683 

0204 

341 

1,2 

47 

75 


53 


373 
81 


1.2 


88 
275 

1,2 
1.2 

399 

1.2 

450 
452 

1,2 

483 

419/ 

683 

3 

0910-01 ; 

3901 

0910-01 

1534 


Index. 


Records,  district  courts,  of,  made  available  to  general  court,  etc. 
hospital  (see  Hospital  records). 

insurance  companies,  insolvent,  of,  disposition  of  certain  , 
marriage,  certain,  of  (see  Marriage). 

public  assistance,  certain,  made  confidential  and  misuse  thereof 
prohibited  ........ 

See  also  Public  records. 
Recounts  of  ballots  (see  Elections). 

Recovery  Act,  National  Industrial  (see  National  Industrial  Re- 
covery Act) . 
Recreational    camps,    inspections   of,    by    department    of   public 
health,  notice  of  results  of,  to  licensees  conducting  such 
campa  ......... 

Reed,  Mary  A.,  payment  by  commonwealth  of  sum  of  money  to,  as 
compensation   for   certain   property   taken   for   highway 
purposes     .......        Resolve 

Referendum  (see  Initiative  and  referendum). 

Reformatory,  institutions  (see  Penal  and  reformatory  institutions). 
Massachusetts  (see  Massachusetts  reformatory). 

women,  for,  appropriations     ....... 

visiting,  regulated       ........ 

Regan,  John  L.,  made  eligible  to  certain  retirement  rights  upon  his 
becoming   a   member   of   retirement   system    of   town   of 
Framingham        ........ 

REGISTERS   AND   REGISTRIES    OF   DEEDS: 

in  general,  filing  and  recording  of  instruments  with: 

airport  approaches,  municipal  regulations  relative  to 

Bankruptcy  Act  of  1898,  federal,  as  amended,  etc.,  certified 
copies  of  petitions,  decrees  and  orders  filed  or  made  pur- 
suant to      ........  . 

corporations,  business,  merger  and  consolidation  of,  certified 
copy  of  articles  of  amendment  and  consolidation  in  con- 
nection with         ........ 

creeks,  estuaries,  etc.,  within  coastal  waters,  occupation  of, 
by  division  of  marine  fisheries  for  propagation  ot  fish, 
notice  of     ........  . 

employment  security  law,  so  called,  liens  under,  notices  of    . 

leases,  notices  of  certain      ....... 

liens  for  water  rates  and  charges,  certain  instruments  relating 
to       .  .  .  

mortgages,  real  estate,  in  wliich  soldiers  or  sailors  may  be  in- 
terested, equity  proceedings  for  authority  to  exercise 
power  of  sale  to  foreclose,  in  connection  with 

ponda  and  streams,  plan  of  boundaries  of,  as  established  by 
state  department  of  public  works  .... 

probate  courts,  proceedings  under  equity  jurisdiction  in,  af- 
fecting title  to  real  estate,  memoranda  relative  to,  bind- 
ing on  third  parties       ....... 

real  estate  owned  by  testators,  intestates  and  wards,  state- 
ments as  to  .  .  .  .  .  .        Resolve 

tax  titles,  land  of  low  value  held  by  cities  and  towns  under, 
affidavits  and  deeds  in  connection  with  .... 

treasurers,  city  and  towns,  actions  or  suits  against,  wherein 
attachments  of  real  estate  have  been  made,  certain  cer- 
tificates in  connection  with  ...... 

SuflTolk  county,  filing  and  recording  of  instruments  with: 

liens  on   buildings,   etc.,  in  Boston,   certain  instruments  in 
connection  with  ....... 

Registers  and  registries  of  probate  and  insolvency  (see  Probate 

and  insolvency,  registers). 
Registrar  of  motor  vehicles  (see  Public  works,  department  of). 
REGISTRARS    OP   VOTERS: 

candidates  for  nomination  by  a  political  party  at  state  primaries 
for  councillor  or  representative  in  congress,  certification 
of,  as  enrolled  member  of  such  party,  duties  as  to  . 
candidates  for  nomination  by  a  political  party  at  state  primaries 
for  county  commissioner  or  senator  or  representative  to 
the  general  court,  certification  of,  as  enrolled  member  of 
such  party  or  as  unenrolled,  duties  as  to 
civ-il  service  laws,  placing  of  certain  municipal  offices  under,  by 
popular  vote,  petitions  for,  submission  to,  etc. 


Chap. 
682 

Item  or 

Section. 

1 

450 

1.  2 

630 

1-4 

396 
59 

|419{ 

i730 
237 

355 

537     5 

89 

514 


1806-00  to 

1806-26 

4511 

1,2 


1,2 

Subs.  40A 


598 

1,  Subs.  17 

685 

1,  Subs.  16 

85 

380 


2.7 


25 

1.  2 

599 

2, 

Subs.  43 

88 

1>  2 

53 

- 

594 

1-3 

99 

f445 
\446 


563 


675 
414 


Index. 


1535 


BEGISTRABS  OF  VOTERS  —  Concluded. 

election  officers  in  certain  cities,  appointment  of,  powers  and 

duties  as  to  .  .  .  .  _        .       _   . 

inns  and  lodging  houses,  certain  information  relative  to  persons 
residing  at,  securing  by,  law  relative  to,  to  apply  in  all 
cities  and  towns 
Registration,  civil  service  and,  department  of  (see  Civil  service  and 
registration,  department  of). 
division  of  (see  Ci\'il  service  and  registration,  department  of). 
See  Licenses  and  permits;  also  specific  titles. 

Rehabilitation,  vocational,  and  co-operation  with  federal  govern- 
ment, appropriations    ....... 

Reinsurance  (see  Insurance,  classes  of  insurance) . 

Relief,  aid  and,  division  of  (see  Public  welfare,  department  of), 
welfare  (see  Public  welfare). 

Religion,  discrimination  because  of,  etc.,  in  employment  on  public 
works  and  projects  and  in  dispensing  of  public  welfare, 
prohibited  .  .  .     _     .  .  .       _   .   _       . 

Religious  education,  absence  from  public  schools  at  certain  times 
of  children  for  purpose  of,  authorized,  and  expenditure  of 
public  funds  for  such  education  or  for  transportation 
incidental  thereto  prohibited  ..... 

Reporter  of  decisions,  supreme  judicial  court,  appropriations  . 

Representatives,  house  of  (see  General  court). 

Reservations,  park,  metropolitan,  maintenance,  appropriations 


Nantasket  beach  reservation,  maintenance  of,  appropriations  . 

Salisbury  beach  reservation,  maintenance  and  improvement 
of,  appropriations         .  .  .  .  .  .  . 

state,  conservation,  department  of,  certain  employees  of,  given 
powers  of  constables  and  police  officers  within 
Wachusett  mountain  (see  Wachusett  mountain  state  reser- 
vation) . 
street  railways,  for,  rights  of  pedestrians  on,  relative  to 
Reserve  fire  forces  (see  Fire  departments). 
Reserve  police  forces  (see  Police  officers). 
Reservoirs  (see  AVaters  and  waterways). 

Resolves  (see  Acts  and  resolves;   Bills  and  resolves;   Statutes). 
Restaurants,    meals    served    at,    excise    on    charges    for    certain, 
imposition   of,   and   use   thereof  for   old   age   assistance 
fund  ......... 

Restraining  orders  (see  Injunctions). 

Retirement,  state  board  of  (see  Retirement  systems  and  pensions, 

conimonwealth,  of). 
RETIREMENT    SYSTEMS   AND   PENSIONS: 

pensions,  attachment,  partial  exemption  from,  of  certain  sums 
payable  as  ....  .  .      _     . 

Fall  River,  city  of,  laborers,  foremen,'  inspectors,  mechanics, 
drawtenders,    assistant    drawtenders    and    storekeepers 
formerly  employed  by,  for,  relative  to    .  .  . 

justices,  for,  appropriation  ...... 

special,  for,  relative  to     .  .  .  .   '       . 

Leominster,  city  of,  fire  department,  certain  call  members  of, 
for     .......... 

Newton,  city  of,  fire  department  of,  for         .  .  .  . 

police  officers,  state,  appropriations      ..... 

Pratt,  William  H.,  payment  by  commonwealth  of  annuity 
to       .......  .        Resolve 

prison  officers  and  instructors,  appropriations 

soldiers  and  others,  appropriations        .  .  .  .  . 

state  employees,  appropriations  ...... 


Chap. 
432 
328 


419 
083 


170 


423 
419  I 

419 
730 

419 

730 
419 
683 
171 
722 

533 


729 


338 

441 
681 

419 
689 

582 

354 

/419 

\683 

76 
/419 
\683 
f419 
683 
1.730 

419 


Item  or 
Section. 


2 

1.2 


1301-31, 
1301-32 

1301-31, 
1301-32 


0301-11  to 
0301-13 

8502-00  to 
8611-22 
8602-00  to 
8611-00 
8611-00, 
8611-22 
8611-00 
4031,4034 
Page  992 

11 


17 


1.2 

1.2 
1.2 

0309-01 
1.2 

1-3 

1,2 
2811-04 
2811-04 


2811-03 
2811-03 
2805-01 
2805-01 
2805-01 
0604-03, 
2970-01 


1536 


Index. 


RETIREMENT    SYSTEMS    AND    PENSIONS  —  Continued. 
pensions  —  Concluded. 

state  house,  women  formerly  employed  in  cleaning,  appro- 
priation     ......... 

teachers,  appropriations      ....... 

See  also,  infra,  retirement  systems. 


veterans,  certain,  appropriations 


See  also  Old  age  assistance,  so  called. 
retirement  systems,  contributory,  in  general,  accumulated 
deductions,  withdrawal  of,  in  lieu  of  retirement  allow- 
ances, further  regulated         ...... 

employees  of  two  or  more  governmental  units,  membership 
of,  in  ......... 

employment,    public,    of    persons    retired    under,    further 
restricted    ......... 

investigation  relative  to  .  .  .  .  .        Resolve 

appropriation  ........ 

prior  service,  contributions  on  account  of,  making  of,  by 
certain  persons  under,  further  regulated 
Boston,  city  of,  of,  Kennealey,  Mary  T.,  reinstatement  in, 
etc.    .......... 

Lally,  Katherine  I.,  reinstatement  in,  etc. 
cities   and   towns,   of,   disability,   accidental,   retirement  for, 
under,  time  for         ....... 

ordinary,  retirement  for,  under,  time  for 
districts,  certain,  extension  to,  of  provisions  of   . 
employees   paid   from   two   appropriations,   retirement  of, 
under  ......... 

firemen,  auxiliary,  appointed  for  civilian  defense  purposes, 
exempted  from  law  relating  to  . 

call,  membership  of,  in,  etc.,  relative  to  .  .  . 

funds  of,  investment  of   . 

libraries,  free  public,  employees  of  certain,  inclusion  in 

linemen,  certain  employees  of  certain  cities,  towns  and  dis- 
tricts formerly  employed  thereby  as,  retirement  allowances 
of,  under     ......... 

membership  in,  further  regulated      ..... 

military  or  naval  service,  officers  and  employees  in,  status 
in,  etc.        ......... 

minimum  retirement  allowances  of  members  of,  formerly 
belonging  to  other  such  systems    ..... 

policemen,  auxiliary,  appointed  for  civilian  defense  pur- 
poses, exempted  from  law  relating  to  ... 

reserve,  membership  of,  in,  etc.,  relative  to     . 

superannuation,  retirement  for,  under,  time  for 
supervision  of,  by  commissioner  of  insurance 
towns  under  ten  thousand  population,  certain,  in 
workmen's  compensation  payments,  offsetting  of,  against 
pensions  under,  etc.      ....... 

See  also,  supra,  in  general. 

commonwealth,  of,  appropriations        .  .  .      *    . 


board  of  retirement,  appropriations  .... 

marine  fi.sheries,  division  of,  certain  employees  of,  determina- 
tion of  creditable  service  of,  under  ..... 

metropolitan  district  water  supply  commission,  special, 
employees  of,  provisions  relating  to,  as  affecting 

military  or  naval  service,  officers  and  employees  in,  status 
in,  etc.         ......... 

superannuation,  retirement  for,  under,  time  for 

supervision  of,  by  commissioner  of  insurance 

surplus  agricultural  commodities,  certain  persons  engaged 
in  distribution  of,  not  included  in  .... 


Chap. 


419 
419 


419 


683 
730 


670 

670 

670 

66 

683 

670 

214 
213 

670 
670 
386 

670 

719 

670  { 

113 
411 

409 
670 

708 

184 

719 

670  I 

670 
584 
377 

379 

419  I 

419  I 

683 

598 

720 

708 
670 
684 

634 


Item  or 
Section. 


2811-05 

1305-03  to 

1305-05 

2811-01, 
2811-02, 
2805-01 
2805-01 
2805-01 


21 

23 

24,26 

0222 

22 

1.2 
1.2 

18 
17 

16 

5 

10,  15,  19, 

20,25 

1 

1-3 

1.2 
8, 11-13 

8.9 

1.2 


10,  15,  19, 

20,25 

14 

1.2 


8-12 

0604-01  to 
0604-03 

0604-01  to 
0604-03, 
2970-01 
0604-02 

8 

5 

8,9 

1 

1.2 


Index. 


1537 


Chap. 


RETIREMENT   SYSTEMS  AND   PENSIONS  —  Concluded. 
retirement  systems,  contributory  —  Concluded. 
commonwealth,  of  —  Concluded. 

workmen's  compensation  payments,  offsetting  of,  against 
pensions  under,  etc.      ....... 

counties  of,  disability,  accidental,  retirement  for,  under,  time 
for  ......... 

ordinary,  retirement  for,  under,  time  for 
employees,  certain,  of  counties  or  hospital  districts  author- 
ized to  become  members  of,  and  their  credit  under  such 
systems  for  prior  service  regulated  .... 

former  employees,  age  limits  for  membership  of,  in,  further 
regulated  ........ 

reinstatement  of,  in,  time  for         ..... 

funds  of,  investment  of    . 

membership  in,  further  regulated      ..... 

military  or  naval  service,  officers  and  employees  in,  status  in, 
etc.    .......... 

minimum  retirement  allowances  of  members  of,  formerly 
belonging  to  other  such  systems    ..... 

supervision  of,  by  commissioner  of  insurance 
towns  under  ten  thousand  population,  employees  of  certain, 
as  members  of     .......  . 

workmen's  compensation  payments,  offsetting  of,  against 
pensions  under,  etc.      .  .  .  .  . 

See  also,  supra,  in  general, 
districts,  extension  to,  of  provisions  of  contributory  retire- 
ment systems  in  cities  and  towns  .... 

Framingham,  town  of,  of,  retirement  rights  of  John  L.  Regan 

upon  his  becoming  a  member  of    . 
hospital  districts,  certain,  of  (see,  supra,  counties,  of). 
Marlborough,  city  of,  of,  temporary  reinstatement  in  labor 
service  of  Cornelius  Coughlin  for  purpose  of  being  retired 
under  ......... 

Montague,  town  of,  of,  retirement  rights  of  John  Richason 

upon  his  becoming  a  member  of    . 
teachers,  of,  new  mortality  tables  for,  operation  of,  deferred    . 


retirement  board,  appropriations 


salary  defined  for  purposes  of,   and  retirement  rights  of 

certain  teachers  further  regulated  .... 

supervision  of,  by  commissioner  of  insurance 

Worcester,  city  of,  of,  further  regulated         .... 

Revenue  loans,  municipal  (see  Municipal  finance,  borrowing  of 

money) . 

Revere,  beach,  shore  protection  at,  cost  of  certain  repairs  for,  appro- 
priations    ......... 

city  of  (see  Cities  and  towns). 

Rhode  Island,  state  of,  marine  fisheries  along  Atlantic  seaboard, 
compact  relative  to,  between  commonwealth  and,  etc., 
approval,  ratification,  etc.     ...... 

Richason,  John,  made  eligible  to  certain  retirement  rights  upon 
his  becoming  a  member  of  retirement  system  of  town  of 
Montague  ......... 

Rifles  (see  Firearms). 

Riparian  proprietors  (see  Fish  and  fisheries;  Game  and  inland 
fisheries) . 

Rivers  (see  Waters  and  waterways). 

Road  construction,  material  for,  weighing  of        ...  . 

Roads  and  roadways  (see  Ways) . 

Robbery,  while  armed  with  dangerous  weapon,  punishment  for,  etc., 

investigation  relative  to        ...  .       Resolve 

appropriation    ......... 

Roberts,  Charles  H.,  Jr.,  former  member  of  present  house  of  repre- 
sentatives, widow  of,  payment  by  commonwealth  of  com- 
pensation to         .....  .        Resolve 

Paul  B.,  acts  as  a  justice  of  the  peace  and  as  a  notary  public 
validated    .......       Resolve 


379 

670 
670 


335 


Item  or 
Section. 


1-4,  11, 12 


670 
670 
113 
670 

4 
5 

2 
2,  3A-5 

708 

8.9 

184 
584 

1,2 
1.2 

377 

379 

6-7,  11. 12 

386 

355 

1.2 

485 

357 

687 

419  I 
683 
730  I 

671 
684 
564 

419  I 
730 


489 
367 


1-3 
1.2 

1305-01  to 
1305-05 
1305-02 

1305-01  to 
1305-03 

1-3 
1.2 
1-5 


2937-13, 
2937-14 
2937-13 


155 


48 
683 


90 
1 


1-5 
1.2 

1-4 
0217 


1538 


Index. 


Robinson,  Charles  S.,  reimbursement  of,  by  county  of  Middlesex, 
for  certain  legal  exijenses      ...... 

Rockefeller  Research  Project,  Duggan,  Anne  C,  who  died  while 
submitting  to  an  experiment  at  Worcester  state  hospital 
under  direction  of,  payment  by  commonwealth  of  sum  of 
money  to  mother  of     .  .  .  .  .        Resolve 

Rockland,  town  of  (see  Cities  and  towns). 

Rockport,  town  of  (see  Cities  and  towns). 

Rogers,  William  B.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  for  high- 
way purposes       ......        R«8olve 

Roughan's  Point,  Revere,  city  of,  in,  protection  of  shore  at  . 

Roxbury  district,  municipal  court  of,  additional  court  officer  in, 
provision  for        ........ 

Roy,  J.  C,  &  Sons  Co.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  ser\'ices,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938      .  .       Resolve 

Ruffed  grouse  (see  Game  and  inland  fisheries). 

Rutland,  Prison  Camp  and  Hospital,  abolition  of,  act  making 
changes  in  general  laws  necessitated  by  .  .  . 

state  sanatorium,  appropriations     ...... 

town  of  (see  Cities  and  towns). 
Ryan,  Martin  W.,  payment  by  commonwealth  of  sum  of  money  to, 
as  compensation  for  services,  etc.,  made  necessary  by  hur- 
ricane and  floods  of  1938      ....       Resolve 


Chap. 

74 


63 


59 
486 


309 


88 


344 
419 


Item  or 
Section. 

1.2 


1—28 

2024-00  to 

2024-22 


S. 

Safety,  public,  department  of  (sec  Public  safety,  department  of). 

Sailors  (see  Military  and  naval  service  of  the  United  States;  Soldiers, 
sailors  and  marines;  Veterans). 

Saint  Patrick's  Religious,  Educational  and  Charitable  Asso- 
ciation of  Massachusetts  (Watertown),  revived  and 
certain  acts  and  proceedings  validated  .... 

Salem,  city  of  (see  Cities  and  towns). 

state  teachers  college,  appropriations        ..... 

Sale  of  securities  act,  administration  and  enforcement  of,  appro- 
priations    ......... 

Sale,  power  of  (see  Mortgages,  real  property,  of). 
Sales,  auctioneers'  licenses,  special,  in  case  of  conduct  of  certain, 
issuance,  fee,  etc.  ....... 

conditional  (see  Conditional  sales), 
fish,  certain,  of  (see  Game  and  inland  fisheries), 
milk  and  other  surplus  agricultural  commodities,  of,  under  fed- 
eral food  stamp  plan,  relative  to    . 
See  also  Federal  emergency  laws.  Surplus  Commodity  Stamp 
Plan, 
milk,  of,  further  regulated       ....... 

motor  fuel  sales  act,  administration  of,  appropriations 

amendment  to  . 
unfair  cigarette  sales  act,  so  called  ..... 

unfair  sales  act,  so  called,  clarification  of  .... 

See  also  Names  of  specific  articles  of  personal  property. 

Salisbury,  Beach  reservation,  appropriations 

tovm  of  (see  Cities  and  towns) . 
Salmon,  Atlantic  (see  Fish  and  fisheries). 

Sanatoria,   counties,  of,  former  patients  of,  offering  to,  of  corre- 
spondence courses,  free  of  charge,  by  department  of  edu- 
cation ......... 

licensing  of,  by  state  department  of  public  health,  regulations 
as  to,  etc.   ......... 

SANATORIA,   STATE: 

in  general,  appropriations        ....... 

former  patients  of,  offering  to,  of  correspondence  courses,  free 
of  charge,  by  department  of  education  .... 


188 

419 
419 

81 

634 

691 
419  I 

311 

715 
494 

f419 
1683 


561 
661 

419  I 

561 


1313  00. 

1313-33 
2308-01, 

2308-02 


1.2 


2 
1601-63, 
1601-54 

1-13 


4031,4034 
Page  992 


1.2 

2022-00  to 
2025-21 


Index. 


1539 


SANATORIA,    STATE  —  Concluded. 

Lakeville,  appropriations        ....... 

care  and  treatment  of  Eleanor  Cronin  at,  money  expended  by 
town  of  North  Attleborough  for,  reimbursement  by  com- 
monwealth of  said  town  for  .        Resolve 
spastic  paralysis,  treatment  of,  at,  authorized 
Spaulding,  Katherine  M.,  who  was  injured  at,  payment  by 
commonwealth  of  sum  of  money  to        .          .        Resolve 

North  Reading,  appropriations        ...... 

care  and  treatment  of  Eleanor  Cronin  at,  money  expended  by 
town  of  North  Attleborough  for,  reimbursement  by  com- 
monwealth of  said  town  for  .  .  .        Resolve 

water  supply  for  ........ 

Rutland,  appropriations  ....... 

Westfield,  appropriations         ....... 

Sanitary  engineering,  division  of  (see  Public  health,  department 
of). 

Saugus,  river,  extension  of  structures  of  Defense  Plant  Corporation 
into  tide  waters  of,  authorized       ..... 

parkway  in  tidal  waters  of  Little  river,  an  estuary  of,  con- 
struction by  city  of  Lynn      ...... 

town  of  (see  Cities  and  towns). 

Savings  and  insurance  banks  (see  Savings  bank  life  insurance). 

Savings  and  loan  associations,  federal  (see  Federal  savings  and 
loan  associations). 

SAVINGS   BANK  LIFE   INSURANCE: 

financial   condition,   savings   and  insurance   banks,   of,   annual 
statements  of       .......  . 

General  Insurance  Guaranty  Fund,  financial  condition  of,  an- 
nual statements  of        ......  . 

supreme  judicial  and  superior  courts,  concurrent  jurisdiction  of, 
exclusion  from,  of  cases  relating  to  ...  . 

Savings  bank  life  insurance,  division  of  (see  Banking  and  insur- 
ance, department  of). 

Savings  banks  (see  Banks  and  banking). 

Savings,  institutions  for  (see  Banks  and  banking,  savings  banks). 

Savings  stamps,  postal.  United  States  defense,  distribution  of,  co- 
operation by  banking  institutions  in       .  .  .  . 

Scales,  location  of,  used  in  weighing  food  sold  at  retail  by  weight    . 

Scallops  (see  Fish  and  fisheries). 

Schneider,  Morris  E.,  acts  as  a  notary  public  validated  .        Resolve 

School  children  (see  Schools). 

School  committees  (see  Schools,  public). 

SCHOOLS: 

in  general,  nurses  and  attendants,  for,  approving  authority  for, ) 
established,  powers  and  duties  of,  etc.    .  .  .  .  / 

pharmacy,  of,  approval  of  . 

trade  schools,  private,  further  regulated         .... 

transportation  of  pupils,  reimbursement  of  cities  and  towns 

for 

public,  absence  from,  at  certain  times  of  children  for  purpose 
of  religious  instruction,  authorized,  etc. 

apprenticeship,  director  of,  co-operation  by,  with,  etc.    . 

board  or  transportation  of  pupils,  contracts  for,  submission 
of,  to  department  of  education       ..... 

religious  education,  absence  from  school  at  certain  times  of 
children  for  purpose  of,  authorized,  and  expenditure  of 
public  funds  for  such  education  or  for  transportation  inci- 
dental thereto  prohibited       ...... 

school  committees,  absence  from  school  at  certain  times  of 
children  for  purpose  of  religious  education,  powers  as 

to       . 

members  of,  in  military  or  naval  service,  filling  of  offices  of, 
relative  to  ........ 

occupational  guidance  and  placement,  directors  of,  appoint- 
ment of,  in  towns,  powers  and  duties  as  to      . 


Chap. 

419  I 
730 

61 
506 

46 

419  I 
730 


61 
674 

419 
419 


717 
262 


108 
108 


180 


/221 

1575 

60 


620 

52 
583 

532 

423 
707 

590 

423 

423 
708 
676 


Item  or 
Section. 

2022-00  to 

2022-23 

Page  1176 


2023-00  to 
2023-23 
2023-24 


1.2 

2024-00  to 
2024-22 
2025-00, 
2025-21 


1,2 


1.2 


2,  Subs. 

15A-15D. 

81A-81C 
1.2 
1-3 


2.  Subs.  IIG 


11,  12 
2 


1540 


Index. 


Chap. 
SCHOOLS  —  Concluded. 
public  —  Concluded, 

school  committees  —  Concluded. 

retirement  rights  of  certain  teachers,  as  affected  by  tempo- 
rary general  salary  reductions,  powers  as  to    .  .  .     671 


state  aid  and  reimbursement  for,  appropriations    . 

state  institutional  employees,  children  of,  expenses  incurred 
for  benefit  of,  investigation  as  to   .  .  .        Resolve 

transportation  or  board  of  pupils,  contracts  for,  submission 
of,  to  department  of  education  prerequisite  to 
supervisors  in,  salaries  of,  state  reimbursement  for,  relative  to 
teachers  in,  institutes,  expenses  of  holding,  appropriation 
minimum  salaries  of,  relative  to         ....  . 

retirement  of  (see  Retirement  systems  and  pensions), 
salaries  of,  state  reimbursement  for,  relative  to 

vocational  schools,  for,  training  of,  appropriations 

transportation  or  board  of  pupils,  contracts  for,  submission  of, 
to  deparrtment  of  education  ..... 

vocational  schools,  teachers  for,  training  of,  appropriations     .  • 

special  provisions  relative  to  particular  schools : 

Belchertown  state  school,  appropriations 

Bradford  Durfee  textile  school,  appropriations 

Bristol  county  agricultural  school,  adequate  water  supply  at, 
providing  for        ........ 

Bromfield  School,  Trustees  of,  real  estate  owned  by,  lease  of, 
to  town  of  Harvard      ....... 

Cambridge  School  of  Liberal  Arts,  Inc.,  use  by,  of  name  of 
Cambridge  Junior  College     ...... 

Cushing  Academy,  number  of  trustees  of,  relative  to 

Dean  Academy,  use  by,  of  name  of  Dean  Academy  and  Junior 
College,  authorized       ....... 

Essex_  county  agricultural  school,  land  and  buildings,  addi- 
tional, in  towns  of  Middleton  and  Dan  vers,  purchase  by 
Essex  county  for  ....... 

Fernald,  Walter  E.,  state  school,  appropriations    . 

Franklin  Union,  name  changed  to  Franklin  Technical  Institute 

Henry  O.  Peabody  School  for  Girls,  granting  of  certain  addi- 
tional powers  to  ....... 

Henry  O.  Peabody  School  for  Girls  at  Norwood,  state  reim- 
bursement of  town  of  Norwood  for  maintenance  of  . 

House  in  the  Pines  Association,  use  by,  of  name  of  House  in 
the  Pines  Junior  College  as  applying  to  a  certain  division, 
authorized,  etc.   ........ 

industrial  school  for  boys,  appropriation        .... 

industrial  school  for  girls,  appropriation         .  .  .        '  . 

Lowell  textile  (sec  Lowell  textile  institute). 

Lyman  school  for  boys,  appropriations  .... 

Massachusetts  hospital  school,  appropriations 


419 


80 

690 
524 
419 
507 

524 
/419 

1683 


419 
683 


244 

131 
419 
212 

200 

617 


245 
419 
419 


(419  { 
[683 


419 
683 
419 


Massachusetts  nautical  school,  appropriations 

Massachusetts  school  of  art,  appropriation    .... 
Massachusetts  training  schools   (see   Massachusetts  training 
schools). 

New  Bedford  textile  school,  appropriations  .... 

Wheelock  School,  trustees  of,  degree  of  bachelor  of  science  in 
education,  granting  by,  authorized 

Wrentham  state  school,  appropriations 


419 


683 
419 


419 


Item  or 
Section. 


2  3 

1301  51  to 
1.301-55. 
1907-03; 
Page  479 


1301-07 


1301-31 
1301-31 


1301  31 
1301-31 

1723-00 
1723-21 
1331-00, 
1331-31 
Page  1176 

1-7 


|419{ 
1683 


1.  2 

1724-00  to 

1724-23 

1,2 


1.2 


1,2 

1915-00 
1916-00 

1917-00  to 
1917-23 
1917-00 

1918-00  to 
1918-22 

1306-01  to 

1306-10; 

Page  479 

1306-10 

1321-00 


13.33-00, 
1333-34 


1725-00, 
1725-25 
1725-00 


Index. 


1541 


Scituate,  town  of  (see  Cities  and  towns). 

Water  Company,  maintenance,  etc.,  of,  raising  by  taxation  of 
money  for,  by  town  of  Scituate      ..... 

Sealers  of  weights  and  measures,  pick  clocks  on  looms  in  textile 
factories,  testing  of,  by  .  .  .  .  .  ■ 

road  construction,  material  for,  weighing  of,  powers  and  duties 
as  to  ......... 

Seals,  bounties  on,  appropriation  ...... 

See  also  Fish  and  fisheries. 
Search  warrants,  cigarette  tax  law,  issuance  under 
Seats,  theatres,  for,  etc.,  conditional  sales  of,  relative  to 
Seaweed,  adrift,  taking  of,  regulated     ...... 

SECRETARY,    STATE: 


in  general,  appropriations    . 


corporation  division  in  department  of,  director  of,  appoint- 
ment, authorized  ....... 

filing,  etc.,  of  certain  instruments  with: 

architects,  board  of  registration  of,  notices,  etc. 

Auburn  water  district,  addition  of  real  estate  to,  copy  of  peti- 
tion and  vote  as  to       . 

Bedford,  town  of,  certain  lands  to  be  acquired  by  United  States 
for  Veterans'  Administration  Facility  in,  plan  of 

Boston  airport,  so  called,  certain  writing  from  mayor  of  city 
of  Boston  stating  readiness  to  transfer  said  airport  to 
commonwealth    .  .  .  .  .  .  .  . 

improvements  made  by  city  of  Boston  at,  special  commis- 
sion to  determine  values  of,  writings  evidencing  appoint- 
ments to     ......  .        Resolve 

Boston,  city  of,  acquisition  by,  of  property  of  Dedham  and 

Hyde  Park  Gas  and  Electric  Light  Company,  etc.,  act 

providing  for,  certificates  of  acceptance  of       . 

East  Boston  district  of,  certain  land  in,  jurisdiction  over 

which  is  ceded  to  United  States,  plans  of  .  .  . 

Boston  Elevated  Railway  Company,  deficits  in  costs  of  opera- 
tion of,  dates  as  of  which  amounts  to  be  paid  or  repaid 
on  account  of  shall  be  determined,  act  relative  to,  certifi- 
cate of  acceptance  of    ....... 

use  by,  of  certain  subway  premises  and  equipment,  modifi- 
cation of  terms  and  conditions  as  to,  etc.,  acts  relative  to, 
certificates  of  acceptance  of  .... 

Boston  harbor,  certain  areas  in,  jurisdiction  over  which  is 
ceded  to  United  States  for  purpose  of  extending  limits 
of  dry  dock,  plans  of    . 

Boston  zoning  law,  so  called,  certain  reports  under,  for  trans- 
mission to  general  court         ..... 

boundary  line  between  towns  of  Bellingham  and  Franklin 
act  establishing,  etc.,  certificate  of  acceptance  of 

Charlton  water  district,  addition  of  real  estate  to,  copy  ol 
petition  and  vote  as  to 

civil  service  laws,  placing  of  certain  municipal  offices  under 
by  popular  vote,  petitions  for         .... 

corporations,  business,  merger  and  consolidation  of,  copy  of 
articles  of  amendment  and  consolidation,  etc.,  in  connec- 
tion with    .  .  .  .  .  .  . 

engineers  and  land  surveyors,  professional,  board  of  registra- 
tion of,  roster  of  persons  registered  with 

insurance  companies,  merger  or  consolidation  of,  in  connection 
with  .......... 

marine  fisheries  along  Atlantic  seaboard,  certain  interstate 
compact  relative  to,  etc.        ...... 

milk  control  board,  orders,  rules  and  regulations  of 

naval  ammunition  depot  and  lighter-than-air  base,  so  called, 
lands  in  counties  of  Norfolk  and  Plymouth  to  be  acquired 
for,  plan  of  ........ 

Pine  Grove  Cemetery  Association,  receipt  and  administration 
of  property  of  the  Curtiss  Additional  Cemetery  Associa- 
tion, act  authorizing,  certificates  of  acceptances  of 


Chap. 

252 

462 

155 
419 

417 
468 
598 

419 

G83 
730 

587 

696  I 

570 

666 

695 


369 
15 


139 

140 
148 


Item  or 
Section. 


1-4 
1004-91 


1,  Subs.  102 

0501-01  to 

0506-01 ; 

Page  478 

0503-01  to 

0505-01 

Page  1159; 

0503  02 


2,  Subs. 
60H,  601 

14 

3 

11 


2 
19 

2 
13 


535 
373 
641 
568 
414 

514 

643 

364 

489  2 

691   2,  Subs.  19 

702  1 

156  4 


2,  Suba.  F 
1.2 


1542  Index. 


Item  or 
Chap.  Section. 

SECRETARY,    STATE  —  Concluded. 

filing,  etc.,  of  certain  instruments  with  —  Concluded. 
political    expenses    of    candidates    and    political    committees, 

statements  of       .......  .     280  1,  2 

primaries,  state,  candidates  for  nomination  by  a  political 
party  at,  for  councillor  or  representative  in  congress, 
enrollment  of,   as  member  of  such  party,   certificate 

of  .  . 563 

for  county  commissioner  or  senator  or  representative  to 
the  general  court,  enrollment  of,  as  member  of  such 
party  or  as  unenrolled,  certificate  of  .  .  .  .     675 

Quincy,  city  of,  certain  land  in,  acquired  by  United  States, 

plan  of        . 541  3 

Shawme  state  forest,  portions  of,  no  longer  needed  for  national 
defense,   jurisdiction  over,   return  of,  to  department  of 
conservation,  certificates  of  ......         5  2 

Shelburne  Falls  fire  district,  extensions  of  boundaries  of,  copy 

of  petition  and  vote  as  to      .  .  .  .  .  .     672  1 

Westover  field  army  air  base,  Slabbery  pond  and  Smooth  pond 
at,  jurisdiction  over  which  is  ceded  to  United  States, 

plans  of 603  2 

wild  life  sanctuaries  on  borders  of  ponds  or  seashore,  orders 

establishing 599        2,  Subs.  94 

powers  and  duties,   alcoholic  beverages,  analysis  of,  certain 
forms  for  use  in  connection  with,  to  be  furnished  by  alco- 
holic beverages  control  commission  instead  of  by     .  .     199 
ballots,  certain  changes  in  election  laws  relative  to,  necessi- 
tated by  use  of  voting  machines,  as  affecting  .          .          .511  1-7 
civil  war  veterans,  copies  of  records  of,  distribution  to  certain 

members  of  general  court  by  .  .  .        Resolve       15 

educational  and  employment  problems  affecting  youth  of 
commonwealth,  study  by  department  of  education 
of,   complete  report  of,    copies  of,   printing  and   sale 

by Resolve       22 

appropriation       ........     683  1301-24 

general  court,  bills  and  resolves  passed  to  be  engrossed  by, 

manner  of  engrossment  by    .  .  .  .  .  .     347 

General    Laws,    Tercentenary    Edition    of,    distribution    to 
certain   members   of   executive   council    and    of   general 
court  .......        Resolve 

insurance  companies,  merger  or  consolidation  of,  as  to  . 

medical  service  corporations,  as  to        . 

political  parties,  state  conventions  of,  delegates  to,  choice  of, 
by  ward  and  town  committees,  provision  for,  as  affect- 
ing          337  1-12 

primaries,  state  and  presidential,  ballots  at,  number  of  blank 

spaces  to  be  provided  on,  by  ....  .     352 

shellfish  in  contaminated  areas,  findings  by  department  of 

public  health  as  to,  certification  of,  by  .  .  .     598        1,  Subs.  74 

surplus   documents    and    reports,    certain,    free    distribution 

_      by 256 

Securities,  banks,  held  by,  for  the  account  of  others,  adverse  claims 

to  certain,  relative  to  .  .  .  .  .  .     444 

business  corporations,  of,  merger  and  consolidation  of,  issuance, 
transfer  and  certain  other  acts  relating  to,  in  connection 

with 614  2 

insurance  companies,  capital  stock  owned  by,  sale  and  transfer 

of,  to  directors,  etc.      .......     548 

investment  in,  by  trust  companies  in  their  commercial  depart- 
ments, uniformity  in  respect  to,  act  providing         .  .     484  1-6 
sale,  etc.,  of,  law  regulating,  administration  and  enforcement  of,  I^iq  /        2308-01, 

appropriations .  J  I  2308-02 

See  also  Bonds;    Corporations;    County  finance;    Municipal  fi- 
nance; State  finance. 
Security,  motor  vehicles,  bodily  injuries,  etc.,  caused  by,  liability  for, 
for  (see  Motor  vehicles,  liability  for  bodily  injuries,  etc., 
caused  by,  security  for). 
Sedatives  and  stimulants,  habit  forming,  persons  addicted  to  in- 
temperate use  of,  care,  etc.,  of,  providing  for  .  .  .     655  1, 2 
Seiziires,  cigarettes,  etc.,  of,  under  cigarette  tax  law      .          .               417  8 
Selective  Service  and  Training  Act  of  1940,  Federal  (see  Mili- 
tary and  naval  service  of  the  United  States). 


19 

364 

1.2 

/306 
\334 

Subs.  2 

Subs.  3 

Index. 


1543 


Chap. 
SELECTMEN  : 

airport  approaches,  protection  of,  powers  and  duties  as  to  .  537 

animals,  inspectors  of,  nomination  in  certain  towns  by  board  of 

health  instead  of  by     .  .  .  .  .     162 

bicycles,  registration  and  operation  of,  powers  and  duties  of,  in 

certain  towns       ........     710 

borrowing  of  money  by  towns,  public  welfare,  soldiers'  benefits, 
federal  emergency  unemployment  relief  projects  and  fed- 
eral surplus  commodity  stamp  plan,  on  account  of,  ap- 
proval by   .  .  .  .  .  .  .  .  .92 

tax  titles  based  upon,  approval  by        ....  .     129 

civil  service  laws,  placing  of  certain  town  offices  under,  by  popu- 
lar vote,  petitions  for,  submission  to,  etc.        .  .  .     414 

collectors  of  taxes,  etc.,  bonds  of,  powers  and  duties  as  to  .     308 

federal  grants,  issuance  and  renewal  of  certain  temporary  loans 

in  anticipation  of,  approval  by       .  .  .  .  .     639 

federal  surplus  commodity  stamps,  sale  by  towns,,  use  of  receipts 

from,  powers  and  duties  as  to        .  .  .  .  .65 

horse  and  dog  racing  meetings  at  which  pari-mutuel  system  of 
betting  is  permitted,  location  of  tracks  for  holding  of,  ap- 
proval of,  by,  not  required  in  case  of  racing  meetings  held 
in  connection  with  a  state  or  county  fair        .  .  .     295 

insane  persons,  permanent  guardians  of,  removal  of,  petitions 

for,  by 325 

lands,  municipally  owned,  formerly  held  under  tax  titles,  care, 

leasing  and  disposal  of,  powers  and  duties  as  to      .  .     296 

marine  fish  and  fisheries,  powers  and  duties  as  to      .  .  .     598 

military  emergency,  safety  of  commonwealth  in  time  of,  powers 

and  duties  as  to  .  .  .  .  .  .  .     719 

military  or  naval  service,  in,  fiJUng  of  ofiice  of,  etc.  .  .  .     708 

petroleum  and  petroleum  products,  pipe  lines  convejang,  loca- 
tions for  construction,  etc.,  of,  powers  as  to    .  .     678 
retirement  systems,  contributory,  towns,  in,  provisions  of,  ex- 
tension to  certain  districts,  notice  in  connection  with,  to     386 
under  ten  thousand  population,  powers  and  duties  as  to     .     377 
state  tax,  apportionment  and  assessment  of,  duties  as  to  .731 
treasurers,  town,  indemnification  and  protection  of,  in  the  per- 
formance of  their  duties  in  certain  cases,  duties  as  to       .       99 
unpaid  bills  of  previous  years,  payment  of  certain,  by  towns, 

certain  certificates  as  to,  filing  with        .  .  .179 

water  supply,  development  and  use  of  sources  of,  by  towns 

within  their  own  limits,  powers  and  duties  as  to      .  .     465 

zoning  by-laws,  certain  reports  in  relation  to,  failure  to  file, 
by,  adoption  and  amendment  by  towns  of  such  by-laws 

after 320 

Senate  (see  General  court). 

Seniority  rights,  civil  service  laws,  under  (see  Civil  service  laws). 
Serge ant-at- Arms  (see  General  court). 

Serological  tests,  apphcants  for  marriage  intention  certificates,  of,  f  601 
for  syphiUs,  required    .  .  .  .  .  .  \  697 

Serums,  etc.,  distribution  of,  in  national  emergencies  .     612 

Service  of  process,  governor,  warrants  issued  by,  service  of,  by  cer- 
tain special  state  police  officers      .  .  .  .  .70 

jurors,  summoning  of,  and  returns  of  venires  by  deputy  sheriffs       90 
Services,  contracts  for,  etc.,  instalment  payments  under,  financing 

of,  in  certain  cases        .......     158 

Sewer  districts  (see  Districts). 

metropolitan  (see  Metropolitan  districts,  sewer  districts). 
SEWERS   AND   DRAINS: 

Ayer,  town  of,  construction  in,  and  assessments  therefor,  rela- 
tive to         .......  . 

Mansfield,  town  of,  rate  of  interest  on  certain  assessments  for 
reduced       ........ 

Marion,  town  of,   sewer  commissioners  of,  taking  of  land  for 

sewer  purposes  and  certain  other  acts  by,  validated,  etc 

Rutland,  town  of,  construction,  maintenance  and  operation  in 

of  system  of  main  drains  and  common  sewers  . 

Sex  crimes,  so  called,  children  under  seventeen  charged  with,  com 

mitment  to  jail,  relative  to   . 
Shad  (see  Fish  and  fisheries). 


Item  or 
Section. 


1.2 


1.2 

l.Subs. 

52-65,  73, 

76,94,97.98; 

6,  Subs.  8B 

4,5 
11 


2.  3,  6.  7 


1 
1-3 


1-3 


.     255 

1-15 

.'     249 

1-3 

.     545 

1,2 

!     430 

1-10 

.     648 

2 

1544  Index. 

Item  or 
Chap.  Section. 

Shaker  cemetery,  acquisition  of  portion  of,  by  town  of  Harvard  for 

use  as  a  Shaker  cemetery       ......     181  1,  2 

Shares  of  stock  (see  Corporations;    Securities). 
Shawme  state  forest,  payment  by  town  of  Bourne  of  sum  of  money 
to  widow  of  Ervin  Draber  who  died  in  consequence  of 
injuries  sustained  while  fighting  a  forest  fire  at         .  .     623 

portion  of,  placing  under  jurisdiction  of  special  military  reser- 
vations commission       .......  6  1-3 

Shawsheen  river,  dikes  and  pumping  equipment  on  North  Andover 

side  of,  construction,  etc.,  of,  survey  as  to      .        Resolve       35 
Shea,  John  F.,  &  Co.,  pajonent  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  services,  etc.,  -made  necessary  by 
hurricane  and  floods  of  1938  .  .  .       Resolve       88 

Sheffield,  town  of  (see  Cities  and  towns). 
Shelburne,  Falls  fire  district,  extension  of  boundaries  of         .  .     672  1, 2 

town  of  (see  Cities  and  towns). 
Shellfish  (see  Fish  and  fisheries). 

Sheppard,  Dianna,  pajonent  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  certain  property  taken  for  high- 
way purposes       ......        Resolve       69 

SHERIFFS,  DEPUTY  SHERIFFS  AND  CONSTABLES: 

constables,  cigarette  tax  law,  violations  of,  powers  as  to    .  .417  S 

deputy  sheriffs,  cigarette  tax  law,  violations  of,  powers  as  to      .     417  8 

summoning  of  jurors  and  returns  of  venires  by       .  .  .90 

sheriffs  (see  Dukes  county;  Nantucket  county). 
Sherman  Rest  Home,  The,  continued  in  existence  for  certain  pur- 


poses 


557 


Shiels,  Henry,  payment  by  commonwealth  of  sum  of  money  to,  as 
compensation  for  services,  etc.,  made  necessary  by  hur- 
ricane and  floods  of  1938       ....        Resolve       88 

Shipping  business,  port  of  Boston,  at,  investigation  relative  to, 

etc.    .  .  .  .  .  .  ■  ■        Resolve       57 

Ships  and  vessels,  breaking  into  in  the  night  time,  etc.,  investiga- 
tion relative  to Resolve       48 

appropriation    .........     683  0217 

Shirley,  town  of  (see  Cities  and  towns). 

Shotguns,  possession  of,  and  shotgun  shells  as  constituting  prima 

facie  evidence  of  unlawful  hunting  of  deer      .  .  .     175 

See  also  Firearms. 

Shows,  public  (see  Theatrical  exhibitions,  shows  and  amusements). 

Sight-saving  classes,  children,  for,  appropriation  419  1304-07 

Simplex  Wire  and  Cable  Company,  structure  bridging  Sidney 
street  in  city  of  Cambridge,  construction  and  main- 
tenance by,  etc.,  authorized  .....     125  1-4 

Simultaneous  deaths,  effect  of,  upon  devolution  of  property  549  1,  2 

Sinking  funds  (see  State  finance). 

Slabbery  pond,  Chicopee,  city  of,  in,  ceding  to  United  States  of 

jurisdiction  over  .  .  .        _ .  .  ■     603  1, 2 

Slander,  actions  for,  and  libel,  investigation  relative  to  Resolve       38 

Slope  easements,  so  called,  certain  powers  granted  to  department 

of  public  works  with  respect  to  taking  of         .  .  .519 

Small  loans,  business  of  making  (see  Loans). 

Smallpox,  etc.,  expenses  in  connection  with,  appropriation     .  .     419  1907-08 

Smelt  (see  Fish  and  fisheries). 

Smith,  John  J.,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, pajTnent  from  state  treasury  of    .        Resolve       79 

Smoke  inspection,  division  of  (see  Public  utilitie.s,  department  of). 

Smooth  pond,  Chicopee,  city  of,  in,  ceding  to  United  States  of 

jurisdiction  over  .  .  .  •  .        •.         •     ^^"^  ^' ^ 

Snow  and  ice,  removal  of,  from  ways,  removal  of  vehicles  inter- 
fering with  .  .    "       .  .  .  •  •  •     346  1, 2 

Social  Security  Act,  Federal,  ext^enditure  of  certain  federal  funds 
under,  for  administrative  expenses  of  division  of  unem- 
ployment compensation,  regulation  of,  and  providing  for 
replenishing  said  funds  in  certain  cases  .  .  .     476  1-4 

Social  security  board,  federal  (see  Federal  social  security  board). 

Societies  (sec  Corporations;    Fraternal  benefit  societies). 

Society  for  the  Preservation  of  New  England  Antiquities,  The, 
conveyance  to,  by  West  Parish  Society  of  Salisbury  of 
certain  property  .......     238  1-3 

Society  of  Arts  and  Crafts,  The,  commissioner  of  education  and 
chairman  of  state  planning  board,  in  investigating  prob- 
lems connected  with  stimulation  of  handicrafts,  to  confer 
with  ........    Resolves  13,  50 


Index. 


1545 


Society  of  the  War  of  1812  in  the  Commonwealth  of  Massa- 
chusetts (Incorporated),  laws,  certain,  affecting,  vet- 
erans' organizations  made  applicable  to  .  .  . 

Soda  water  (see  Beverages,  non-alcoholic). 

Soldiers  (see  Military  and  naval  service  of  the  United  States;  Sol- 
diers, sailors  and  marines;  Veterans). 

Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940,  act  of  congress 
known  as,  real  estate  mortgages,  judicial  determination 
of  rights  to  exercise  powers  of  sale  to  foreclose,  in  which 
soldiers  or  sailors  may  be  interested,  in  connection  with 
provisions  of        .  . 

rights  of  persons  under,  information  as  to,  etc. 

Soldiers'  bonus,  so  called,  appropriation     ..... 

Soldiers'  Field  road,  traffic  lights,  installation  of,  on,  appropriation 

Soldiers'  Home  in  Massachusetts,  appropriations 

Soldiers'  relief  (see  State  aid,  military  aid  and  soldiers'  relief). 
SOLDIERS.    SAILORS   AND   MARINES: 

aid  for,  state  and  military,  reimbursement  of  cities  and  towns, 
appropriation      ........ 

annuities  and  pensions  of  certain  soldiers,  appropriations  . 

bonus  (see  Soldiers'  bonus,  so  called), 

civil  war,  of,  records  of,  distribution  of  copies  of,  to  certain 
members  of  the  general  court         .  .  .        Resolve 

co-operative  bank  loans,  direct-reduction,  on  real  estate,  sus- 
pension of  payments  on,  by  ..... 

death  of,  records  of,  to  state  wars  in  which  he  served 
educational  opportunities,  higher,  for  children  of  certain,  ap- 
propriation ........ 

state  pay  to,  appropriation     ....... 

testimonials  to  certain,  of  world  war,  appropriations 
See  also  Civil  war  veterans;    Military  and  naval  service  of  the 
United  States;    Militia;    Spanish- American  war;    State 
aid,  military  aid  and  soldiers' relief ;  Veterans;  World  war. 
Somerville,  city  of  (see  Cities  and  towns). 

Sons  of  Union  Veterans  of  the  Civil  War,  flag  of  United  States  or 
of  Massachusetts  belonging  to  a  camp  or  department  of, 
staffs  bearing,  attachment  to,  of  streamers  having  certain 
inscriptions  thereon,  authorized,  etc.      .  .  .  . 

insignia  of,  unauthorized  use  of,  penalized         .  .  .  . 

laws,  certain,  affecting  veterans'  organizations  made  applicable  to 
Southborough,  town  of  (see  Cities  and  towns). 
South  Boston,   navy   dry  dock  at,   ceding  jurisdiction   to   United 
States  over  certain  areas  in  Boston  harbor  for  purpose  of 
extending  limits  of       .       •    . 
Northern  avenue  in,  portion  of,  discontinued  as  public  way 
state  land  adjacent  to  Castle  Island  in,  improvement  of    . 
South  Carolina,  state  of,  marine  fisheries  along  Atlantic  seaboard 
compact  relative  to,  between  commonwealth  and,  etc. 
approval,  ratification,  etc.     ..... 

South  Dighton  Fire  and  Water  District,  authorized  to  purchase 
water  from  or  sell  water  to  Bristol  county  agricultural 
school  ......... 

South   metropolitan  sewerage   district    (see   Metropolitan   dis- 
tricts). 
Southwick,  town  of  (see  Cities  and  towns). 

Spanish-American  war,  payments,  certain,  to  soldiers  and  sailors, 
etc.,  in  volunteer  service  of  United  States  during,  appro- 
priation      ......... 

See  also  Veterans. 
Sparrows,  English  (see  Game  and  inland  fisheries). 
Spastic   paralysis,    treatment   of,   at   Lakeville  state   sanatorium, 
authorized  ........ 

Spaulding,  Katherine  M.,   Haverhill,  of,  payment  by  common- 
wealth of  sum  of  money  to  .  .  .  .        Resolve 

Special  commissions  (see  Commissions,  state). 

Special  halls,  so  called,  use  of,  for  entertainment  of  spectators 

during  certain  months,  further  regulated 
Special  justices  (see  District  courts). 

Special  or  chartered  buses,  so  called,  minimum  mileage  rates  for, 
establishment  of,  by  department  of  public  utilities  . 


Chap. 
217 


Item  or 
Section. 


1.2 


25 

1.2 

708 

15 

419 

0603-01 

419 

2937-10 

419/ 

0430-00, 
0430-21 

730 

0430-00 

419 

0441-01 

419 

2805-01 

683 

2805-01 

730 

2805-01 

15 

293 
51 

419 
419 
419 


1,  Subs.  36C 


1301-09 
0603-01 
0411-01 


117 

217 
217 


535 
492 
543 


489 
392 

419 

506 
46 

694 

480 


1,  2 

3 

1-3 


1-3 
1.  2 


1-5 
3 


0603-01 


1546 


Index. 


Special  state  police  officers,  powers  of  certain,  to  serve  warrants  . 

Spencer  state  forest,  leasing  to  United  States  for  national  defense 
purposes  of  certain  property  within  limits  of  . 

Spendthrift  wards,  burial  of  certain,  payment  of  charges  and  ex- 
penses of,  further  regulated  ..... 

Spot  pond  pumping  station,  installation  of  force  main  at,  cost  of, 
appropriation       ........ 

Springfield,    Armory   Military   Reservation,   General   Clarence   R. 
Edwards  Memorial  Bridge,  in,  retrocession  of  jurisdiction 
by  United  States,  over,  act  accepting     .... 
city  of  (see  Cities  and  towns). 

Spring  waters,  bottling,  sale,  etc.,  of,  rules  and  regulations  concern- 
ing, penalty  for  violations  of  ..... 

Squirrels,  gray  (see  Game  and  inland  fisheries). 

Squiteague  (see  Fish  and  fisheries). 

Stage  harbor,  improvement  by  commonwealth,  federal  government 
and  town  of  Chatham  ....        Resolve 

Stamps  (see  Federal  emergency  laws.  Surplus  Commodity  Stamp 
Plan,  so  called;  United  States  defense  postal  savings 
stamps). 

Standards,  and  necessaries  of  life,  director  of  (see  Labor  and  indus- 
tries, department  of). 
division  of  (see  Labor  and  industries,  department  of). 

Standish  monument  reservation,  maintenance  of,  etc.,  appro- 
priation     .  .  .  .  .  .  .  . 

Starfish  (see  Fish  and  fisheries). 

Starlings  (see  Game  and  inland  fisheries). 

State  advisory  council,  powers,  duties,  etc.  .... 

State  advisory  forest  committee  and  regional  committees, 
creation  of  ........ 

appropriation     ......... 

STATE  AID  AND  PENSIONS,   COMMISSIONER  OF: 

appropriations       ......... 

deputy  and  second  deputy  commissioners,  act  promoting  equality 
of  compensation  for  positions  in  state  service,  as  affecting 

STATE   AID,   MILITARY   AID   AND    SOLDIERS'   RELIEF: 
cities  and  towns,  by,  borrowing  of  money  on  account  of 

state  reimbursement,  appropriation      ..... 
funds,  municipal,  certain,  balance  of,  remaining  after  discontin- 
uance by  a  city  or  town  of  Federal  Surplus  Commodity 
Stamp  Plan,  so  called,  appropriation  of,  for 

State  armories  (see  Armories). 

State  auditor  (see  Auditor,  state). 

State  bird,  chickadee  {Penthestes  atricapUlua)  designated  as  the 

State  boards  (see  names  of  specific  boards). 

State  boxing  commission  (see  Public  safety,  department  of). 

State  budget  (see  Budget,  state). 

State  camp  ground,  so  called,  Framingham,  town  of,  in,  sale  of 
portions  of,  and  increase  in  area  of  memorial  plot  at, 
authorized  ........ 

State  college,  Massachusetts  (see  Massachusetts  state  college). 

State  commissions  and  commissioners  (see  Commissioners, 
state;   Commissions,  state). 

State  committees  (see  Elections). 

State  constabulary,  so  called  (see  Publi  safety,  department  of: 
divisions  of:   state  police). 

State  constitution  (see  Constitution,  commonwealth,  of). 

State  conventions  (see  Elections). 

State  debt  (see  State  finance). 

State  departments  and  divisions  thereof  (see  Departments,  state; 
Divisions,  state  departments,  of). 

State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  officers  and  employees  of). 

State  farm,  appropriations  ....... 

employees,  certain,  of,  placed  under  civil  service        .  .  . 

habit  forming  stimulants  or  sedatives,  persons  addicted  to  in- 
temperate use  of,  commitment  to,  etc.   .... 

superintendent  of,  act  promoting  equality  of  compensation  for 
positions  in  state  service,  as  affecting     .... 

visiting,  regulated  ........ 


Chap. 
70 

Item  or 
Section. 

63 

241 

419 

8902-23 

540 

119 

86 


419 


4021 


685  { 

1,  Subs.  20, 
43,  62;  4,  5 

544 
683 

1-4 

1002-52 

419/ 

0440-01  to 
0440-03 

596 

1 

92 
419 

1-3 
0441-01 

65 

121 

463 


1-3 


|419{ 

[683 
625 

655 


596 
237 


1802-00  to 

1802-22 

1802-00 

1,2 

1.2 

26 
1.2 


Index. 


1547 


STATE   FINANCE: 


appropriation  acts 


appropriations,  certain,  allotment  of         ....  . 

bonds,  notes,  etc.,  issuance  of,  Boston  airport,  so  called,  transfer 
of,  to  commonwealth  and  improvements  thereof,  for 
Boston,  city  of,  certain  waterfront  properties  in,  to  be  ac- 
quired for  construction  of  pier,  for  .  .  . 
metropolitan   district   water   supply   system,   furnishing   of 
water  from,  to  certain  additional  cities  and  towns,  for 

metropolitan  sewerage  districts,  north  and  south  districts, 
additional  provisions  for  sewage  disposal  needs  of,  for,  etc. 

serial  bonds,  certain,  appropriations  .... 

tax  title  loans  to  cities  and  towns,  for         .  .  . 

budget,  annual,  restoration  of,  proposed  legislative  amendment 

to  constitution  providing  for  ..... 

biennial  (see,  supra,  appropriation  acts). 

contracts,  state,  competitive  bidding  on,  etc.,  requirements  as  to, 

changes  in  ........ 

debt,  state,  payment  of  interest  on,  appropriations   . 

requirements  for  extinguishing,  appropriations 

emergency  finance  board  (see  Emergency  finance  board). 

federal  funds,  defense  public  works,  etc.,  for  certain,  extension 
of  provisions  of  certain  enabling  acts  so  that  common- 
wealth may  accept  and  use  .  .  .  .  .  -  . 
received  under  Social  Security  Act  for  expenses  of  division  of  un- 
employment compensation,  expenditure  of,  regulated,  and 
provision  made  for  replenislaing  said  funds  in  certain  cases 

fiscal  year,  changed,  fiscal  biennium  established,  and  making  cer- 
tain perfecting  changes  in  general  statutes  necessitated 
thereby       ......... 

change  in,  as  affecting  ....... 

highway  fund,  portion  of,  payment  by  commonwealth  to  its 
municipalities  to  be  expended  by  them  for  local  highway 
purposes     .  .  .  .  .  .  .  . 

horse  and  dog  racing  meetings,  changes  in  law  relative  to,  as 
affecting  revenue  requirements  of  commonwealth,  investi- 
gation relative  to  ....  .        Resolve 

public  welfare,  commissioner  of,  funds,  certain,  receipt  and  dis- 
position of,  by     .  .  .      "    . 

sinking  funds,  requirements  of,  appropriations 

state  tax,  apportioned  and  assessed 

basis  of  apportionment,  biennial  establishment  of 

established     ....... 

tax  titles,  loans  to  cities  and  towns  on  account  of,  held  by  them 

State  flre  marshal  (see  Public  safety,  department  of). 

State  fire  warden  (see  Conservation,  department  of). 

State  flag,  inscriptions  on,  relative  to  . 

State  forester  (see  Conservation,  department  of). 

State  forests  (see  Forests  and  forestry). 

State  fund  for  workmen's  compensation,  initiative  petition  rela- 
tive to         .......  . 

State  guard  (see  Militia,  state  guard). 

State  highways  (see  Ways). 

State  hospital  and  infirmary,  Tewksbury,  former  patients  of, 
correspondence  courses,  free  of  charge,  offering  of,  by  de- 
partment of  education  to      .....  . 

name  of  state  infirmary,  change  of,  to,  act  making  certain  changes 

in  general  laws  necessitated  by      .     "     . 
superintendent  of,  act  promoting  equality  of  compensation  for 
positions  in  state  service,  as  affecting     .  .  .  . 

transfer  of  insane  to  and  from  wards  of,  relative  to  . 


Item  or 

Chap. 

Section. 

[144 

1-4 

147 

1-4 

151 

1.2 

419 

1-9 

683 

1-4 

730 

1-3 

564 

1.2 

r695 

9 

\728 

1 

/714 

2 

\728 

3 

/727 

4.5 

\  728 

5 

[720{1 

2,  4,  9-11, 
17,  18 

1728 

4 

419  1 

2420-00, 
2952-00 

/129 

1728 

1.2 

2 

Page  1231 

547 

1.2 

419  { 

2410-00. 

2951-00 

419  1 

2420-00, 

2952-00 

639 

1-3 

476 

1-4 

509 

1-9 

650. 

1-17 

420 


96 

523 

419  I 

731 
112 

141 
633 
129 

728 


117 


561 
351 


596 
706 


1.2 


2420-00, 

2952-00 

1-8 


1.2 

1.2 

2 


1.2 


Page  1233 


1-43 
2 


1548 


Index. 


STATE  HOSPITALS  FOR  INSANE,  ETC.: 

in  general,  discharges  from     ....... 

guardians  and  conservators  of  inmates  of,  allowance  of  ac- 
counts of,  further  regulated,  and  relative  to  collection  of 
sums  due  for  support  of  such  persons 
prisoners  committed  to,  discharge  of     . 
temporary  care  in,  of  certain  persons  needing  immediate  care 
at,  further  regulated     . 
transportation  of  persons  for 

Boston,  appropriations 


psychopathic,  appropriations 
Danvers,  appropriations 

Foxborough,  appropriations 

Gardner,  appropriations 

Grafton,  appropriations 

Medfield,  appropriations 
Metropolitan,  appropriation 
Monson,  appropriations 

Northampton,  appropriations 
Taunton,  appropriations 

Westborough,  appropriations 

Worcester,  appropriations 

See  also  Tewksbury,  state  hospital  and  infirmary. 
STATE   HOUSE: 

capitol  police,  appropriations 

Duryea,  Charles  E.,  tablet  in  honor  of,  acceptance  by  common- 
wealth and  placing  in  .  .  .  .  .        Resolve 

engineer's  department,  appropriations 

heating  and  ventilating  systems,  improvements,  appropriations 

house  chamber  and  lobby,  etc.,  in,  improvements  and  repairs  of, 
providing  for       ......       Resolve 

appropriation  ........ 

janitors,  appropriations  ....... 

mailing  room,  central,  appropriations       ..... 

postmaster  and  assistant  postmaster  of,  positions  of,  placed 
under  commission  on  administration  and  finance  and 
under  civil  service         ....... 

maintenance  of,  etc.,  appropriations         ..... 


Massachusetts  State  Guard,  tablet  or  memorial  commemorating 

services  of,  placing  of,  in       .  .  .  .       Resolve 

old  provincial,  appropriation  ...... 


Chap. 
216 

398 
216 

645 
216 

419 
730 
419 

419 

683 

419  I 
,083 

419  I 
.730 

419  I 
,683 

419  I 

730 
419 

419/ 

683 

419 

419 
683 
419 

419 


/419 

1683 

21 
/419 
\  683 
/419 
1683 

51 
683 
■419 
683 

419 
683 


433 
419 

683 
730 

39 
419 


Item  or 
Section. 

2.3 


2 
1 

1711-00, 

1711-25 

Pages  1165, 

1176 

1710-00  to 
1710-22 

1712-00  to 
1712-26 
1712-00 

1713-00  to 
1713-23 
1713-00 

1714-00  to 
1714-22 
1714-23 

1715-00  to 
1715-30 
1715-00 

1716-00  to 
1716-27 

Page  1176 
1717-00 

1722-00  to 
1722-26 
1722-00 
1718-00, 
1718-25 

1719-00  to 
1719-28 
1719-00 

1720-00  to 
1720-23 

1721-00  to 
1721-25 


0416-03 
0416-03 


0416-02 
0416-02 
0416-25 
0416-26 


0102-21 
041&-04 
041&-04 
0416-07, 
0416-15 
0415-12  to 
0415-13 


1-4 
0416-01  to 

0416-25 
0416-01  to 

0416-26 
Page  1176 


0444-01 


Index. 


1549 


STATE   HOUSE  —  Concluded. 

telephone  service,  appropriations     .  . 

women  formerly  employed  in  cleaning,  and  now  retired,  compen- 
sation, appropriation    ....... 

See  also  Superintendent  of  buildings,  state. 

State  infirmary,  change  of  name  of,  to  Tewksbury  state  hospital 
and  infirmary,  act  making  certain  changes  in  general  laws 
necessitated  by    . 

State  institutions,  employees  of,  children  of,  payments  by  common- 
wealth to  certain  municipalities  for  school  expenses  in- 
curred for  benefit  of,  investigation  as  to  .        Resolve 

State  judge  advocate,  appropriation  ...... 

State  labor  relations  law,  so  called  (see  Labor  relations  law,  state, 
so  called). 

State  librarian,  powers  and  duties  of,  in  connection  with  New 
England  Deposit  Library,  etc.        ..... 

State  library,  appropriations       ....... 


Chap. 

/419 
\683 

1 419 


351 


80 
419 


240 

|419{ 

[730 


730 
329 

428 


419 


722 


f419 

\683 

70 


manual  for  general  court,  increase  of  allotment  of,  to 
State  maps,  printing  of  certain,  relative  to  . 
State  military  reservation,  Barnstable  county,  in,  expenses,  etc., 

appropriation       ........ 

State  officers  and  employees  (see  Commonwealth,  officers  and 

employees  of). 
State  ornithologist  (see  Ornithologist,  state). 
State  parks,   conservation,   department  of,  certain  employees  of,  1  i  y-. 

given  certain  powers  of  constables  and  police   officers  >  ,70,^ 

within         .  .  .  .  .  .  .  .  .  j 

See  also  Reservations. 
State  pier  in  New  Bedford  (see  New  Bedford  state  pier). 
State  planning  board  (see  Planning  board,  state). 
State  police,  division  of  (see  Public  safety,  department  of). 

retired,  compensation,  appropriations       .... 

special,  certain,  service  by,  of  warrants  issued  by  governor  . 
See  also  Police  officers. 
State  primaries  (see  Eleetions,  primaries). 

419  I 

730 
visiting,  further  regulated        .......     237 

f  419 
State  prison  colony,  appropriations    .  .  .  .  .         .  <  ^^q 

visiting,  regulated  ....... 

State  quartermaster,  appropriations  ..... 

salary  of        .  .  .  .  .  .  _    _    . 

State  racing  commission  (see  Racing  commission,  state). 

State  reclamation  board,  appropriations    .... 

State  reservations  (see  Reservations). 

State  retirement  board,  appropriations      .... 


Item  or 
Seotion. 

0415-10 
0415-10 

2811-05 


1-43 


0408-01 


1-8 

0423-01  to 

0423-21 

Page  1176 


0403-17 


State  prison,  appropriations 


237 

419  I 

683 
730 
577 

419  I 
683 

419  I 

.683 
See  also  Retirement  systems  and  pensions. 
State  sanatoria  (see  Sanatoria,  state). 
State  secretary  (see  Secretary,  state). 
States,  United  States,  of,  civilian  defense  activities,  co-operation 

in,  with       .  .  .  .  .  .  .  .  .719 

milk  control,  uniform,  compacts,  etc.,  in  respect  to,  with  .  .691 

unemployment  compensation  law,  reciprocal  arrangements,  etc., 

under,  with  ........     685 

See  also  Fish  and  fisheries,  marine  fisheries. 
State  superintendent  of  buildings  (see  Superintendent  of  build- 
ings, state). 

State  surgeon,  appropriations     .......     419  < 


11 


2811-04 
2811-04 


1803-00, 

1803-21 

4611 

1,2 

1807-00 

4711 

1.2 

0405-01  to 

0406-07 

0405-01 

Page  1168 

1,2 

0910-01, 

3901 

0910-01 

0604-01  to 
0604-03 
0604^02 


2.  Subs.  24 
1,  Subs.  66 


0407-01  to 
0407-03 


Item  or 

Chap. 

Section. 

731 

1-8 

112 

/141 
\633 

1,2 

151 

1.2 

419  1 

1307-00  to 
1321-00 

622 

1.  2 

683  1 

1310-34, 
1314-21 

419 

1301-08 

121 

419  / 

0102-05, 

nino    no 

1550  Index. 

state  tax,  apportioned  and  assessed      .  . 

basis  of  apportionment,  biennial  establishment  of 

established         ...... 

State  teachers  colleges,  appropriations 


students  in,  state  aid  to,  appropriation    ..... 
State  teachers'  retirement  association  (see  Retirement  systems 

and  pensions). 
State  treasurer  (see  Treasurer,  state). 
State  tree,  American  elm  {Ulmus  americana)  designated  as  the 

Stationery,  general  court,  appropriation        .  .  .  .  .     ^.^^  .  0102-08 

Statistical   service,    department   of  labor   and  industries,   appro- 1^,q  ifiOl— 41 

priation       .          .          .          .          .          .          .          .          .  J  ui-4i 

STATUTES: 

changes  in,  necessitated  by  abolition  of  prison  camp  and  hos- 
pital at  Rutland            .......     344  1-28 

necessitated  by  change  in  fiscal  year  of  commonwealth  .  ,  <  gg~  i-T? 

necessitated  by  change  of  name  of  department  of  mental  dis- 
eases to  the  department  of  mental  health        .  .  .     194  1-21 
necessitated  by  change  of  name  of  state  infirmary  to  Tewks- 

btiry  state  hospital  and  infirmary  .  .  .  .351  1-43 

necessitated  by  changes  in  names,  powers  and  duties  of  state 

departments,  etc.  .......     490  1-38 

corrective  changes,  certain,  in  .....  .     722  1-13 

local  acceptance  of  particular: 

animals,  inspectors  of,  in  certain  towns,  nomination  of  .  .162 

special,  indexing  of,  appropriation  ...  .  .  .     419  0102-16 

uniform  (see  Uniform  state  laws,  commissioners  on). 

violation  of,   as  evidence  of  negligence,  investigation  relative 

to      .......  .       Resolve       17 

See  also  Acts  and  resolves;    Bills  and  resolves;    General  Laws; 
Laws. 
Steam  boilers,  rules  for  construction,  etc.,  of,  charges  for  printed 

copies  of     ........  .     469 

Stevens,  George  H.,  reimbursement  of,  by  county  of  Middlesex  for 

certain  legal  expenses  .  .  .  .  .  .  .74  1,2 

Stimulants  and  sedatives,  habit  forming,  persons  addicted  to  in- 
temperate use  of,  care,  etc.,  of,  providing  for  .      ■    .  .     655  1, 2 
St,  John's  Seminary,  name  of,  use  by  The  Boston  Ecclesiastical 

Seminary  and  granting  by,  of  certain  additional  degrees  .     313  1,  2 

Stock,  corporate,  shares  of  (see  Securities). 

Stockholders,  business  corporations,  of,  rights  and  liabilities  of,  in 
connection  with  merger  and  consolidation  of  such  cor- 
porations   .  .  .  .  .  .  .  .  514  2 

lists  of,  etc.,  filing  by  corporations,  etc.,  with  commissioner  of 

corporations  and  taxation     ......     331  3 

Stocking,  ponds,  streams,  etc.,  of  (see  Game  and  inland  fisheries). 
Stolen  property,  buying,  receiving  or  concealment  of,  etc.,  investi- 
gation relative  to  ....  .        Resolve       48 

appropriation  .  .  .  .  .  .  .  .     683  0217 

Storage,  tangible  personal  property  in,  in  public  warehouses,  exemp- 
tion from  local  taxation         ......     482 

Stores,  retail,  food  stamps,  so  called,  acceptance  by,  regulated        .     634  2 

Stoughton,  town  of  (see  Cities  and  towns). 
Stow,  town  of  (see  Cities  and  towns). 
Streams  (sec  Waters  and  waterways). 

Street  railways,  bonds,  etc.,  of,  investments  by  savings  banks  in  .     413  3 

bridges,  certain,  between  Boston  and  Chelsea,  construction,  re- 
construction, etc.,  of,  notification  and  assessment  of  part 
of  cost  of,  on  certain    .  .  .  .  .  .  .     178  1, 2 

reservations  of,  pedestrians  on,  rights  of,  relative  to  .  .     533 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
See  also  Boston  Elevated  Railway  Company;  Carriers,  common. 
Streets  (see  Ways). 
Striped  bass,  protection  of  ......  .     421  1-3 

See  also  Fish  and  fisheries. 


Index. 


1551 


Subversive  organizations,  so  called,  activities  of,  investigation 
relative  to,  report,  final,  of,  printed  copies  of,  free  distri- 
bution by  state  secretary      ...... 

Succession  taxes  (see  Taxation,  legacies  and  successions,  of), 
Sudbury,  town  of  (see  Cities  and  towns). 

Water  District,  additional  water  loan       .  .  .  ,  . 

SUFFOLK   COUNTY: 

budget  and  appropriating  procedure  in  city  of  Boston  and,  fur- 
ther regulated      ........ 

investigation  and  study  relative  to,  continued        .        Resolve 
court  house,  maintenance  cost,  reimbursement  of  city  of  Boston 
for   certain    portion   of,    by   commonwealth,    appropria- 
tion .......... 

district  courts  in,  clerks  and  assistant  clerks  of,  establishment 
and  classification  of  salaries  of       ....  . 

other  than  municipal  court  of  city  of  Boston,  probation  oflicers 
to  act  exclusively  in  juvenile  cases  in,  fixing  of  compen- 
sation of     ........  . 

March  seventeenth  made  a  legal  holiday  in       . 
Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 
area  in        ........  . 

public  offices  of,  to  be  closed  on  March  seventeenth  each  year  . 
registry  of  deeds  for  (see  Registers  and  registries  of  deeds), 
retirement  system  of   (see  Retirement  systems  and  pensions, 
retirement  systems,  contributory,   Boston,  city  of,  of), 
superior  court  for,  civil  business,  clerk  of,  re-employment  by, 
of  Katherine  I.  Lally         ...... 

re-employment  by,  of  Mary  T.  Kennealey 
equity  jurisdiction  of,  Boston  zoning  law,  so  called,  under 
medical  service  corporations,  certain  matters  afi'ecting  cer- 
tain, in        ........  . 

supreme  judicial  court  for,  banks,  closed,  liquidation  of  certain, 
pajmaent  of  dividends  in,  borrowing  of  funds  by  commis- 
sioner of  banks  for,  under  authorization  of,  etc.,  extension 
of  time  for  ........ 

court  ofiicers  in  attendance  upon,  salaries  of,  establishment 
by  justices  of  said  court        ...... 

Suits,  civil  (see  Actions,  civil). 

Summary  process  for  possession  of  land,  remedy  of,  extended 
so  as  to  permit  recovery  of  possession  of  land  after  a  tax 
title  foreclosure  ........ 

stay  of  judgment  and  execution  in,  relative  to  .  .  . 

Sumner  Tunnel,  operation  and  maintenance  of,  expenses  incurred 

by  city  of  Boston  for,  reimbursement  in  part  of  said 

city  by  commonwealth  for    ....        Resolve 

appropriation    ......... 

Sunday  (see  Lord's  day). 

SUPERINTENDENT   OF   BUILDINGS,    STATE: 

appropriations       ......... 

confidential  secretary,  appointment  and  removal  by 
premises,  certain,  for  use  by  state  departments,  boards,  etc., 
procuring  of,  approval  by     . 
Superior  court  (see  Supreme  judicial  and  superior  courts). 

Supplementary  appropriation  acts  . 

Support,  poor  persons,  of  (see  Poor  and  indigent  persons). 
SUPREME   JUDICIAL   AND    SUPERIOR   COURTS: 
provisions  common  to  both: 

Boston  Elevated  Railway  Company,  trustees  of,  accounting 
duties,  etc.,  of,  proceeding  for  determining  of,  concurrent 
jurisdiction  as  to  .  .  .  .        Resolve 

clerks  of  (see  Clerks  of  courts) . 

equity,  jurisdiction  in  (see  Eqmty  jurisdiction). 

jurisdiction,  concurrent,  of,  exclusion  from,  of  cases  relating 
to  banks  and  banking  ...... 

exclusion  from,  of  certain  insurance  matters 

justices  of,  retired,  pensions  for,  appropriation 
supreme  judicial  court,  appeals  to,  under  employment  se- 
curity law  ......... 

appellate  proceedings,  record  transmitted  in,  contents  of 


Chap. 

Item  or 
Section. 

256 

127 

1.2 

604 
69 

1,2 

419 

0318-01 

447 

1-5 

677 
91 

1 

1,2 

47 
91 

1.2 

213 

1.2 

214 

1.2 

373 

18 

306 


Subs.  12 


145 

1 

448 

1-3 

242 
700 

1,2 
1-3 

20 
419 

2960-02 

419  1 

[683  I 
512 

0416-01  to 
0416-25 

041&-01  to 
0416-34 

267 

/683 
\730 

1-4 
1-3 

89 


28 
180 
419 

685 
187 


0309-01 

1,  Subs.  42 
1.2 


1552  Index. 


Item  or 
Chap.  Section. 


SUPREME  JUDICIAL  AND  SUPERIOR  COURTS  —  Co7ilinucd. 
supreme  judicial  court  —  Coridudcd. 

.  ,.     „  aiQ  /     0301-01  to 

appropriiitioiis  .........     4iy  <  0301-13 

banks,  closed,  liquidation  of  certain,  payment  of  dividends 
in,  borrowing  of  funds  for,  by  commissioner  of  banks  under 
authorization  of,  extension  of  time  for    .  .  .  .     145  1 

chief  justice  of,  administrative  committee  of  district  courts, 
other  than  municipal  court  of  city  of  Boston,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .     682  1 

clerk,  commonwealth,  for,  salary,  etc.,  appropriations    .  .     419  |  030i_04 

Suffolk  county,  for,  commonwealth's  part  of  salary,  appro- 
priation        _        .  ...     419  0301-08 

court  officers  in  attendance  upon,  salaries  of,  appropriation   .     419  0301-07 

establishment  by  justices  of  said  court  ....     448  1-3 

equity,  jurisdiction  in  (see  Equity  jurisdiction). 

insurance  companies,  insolvent,  expenses  of  receiverships  of, 

approval  by         .  .  .  ._  .  .  .  .     452 

justices  of,  appointment  by,  of  commissioners  to  assess  con- 
tributions to  cost  of  construction,  etc.,  of  certain  bridges 
between  Boston  and  Chelsea          .          .          .          .  .178  1, 2 

payment  by  certain  cities,  towns  and  street  railways  of 
cost  of  construction,  etc.,  of  certain  bridges  between  Bos- 
ton and  Chelsea,  enforcement  by,  upon  application  of 
city  of  Boston .     178  2 

liquidations,  division  of,  director  of,  salary  of,  determination 

and  fixing  by,  or  any  justice  thereof       ....     143  1 

Mashpee  Advisory  Commission,  orders  of,  etc.,  enforcement 

by,  upon  application  of  said  commission  .     189  2 

record  transmitted  to,  in  appellate  proceedings,  contents  of     .     187  1,  2 

reporter  of  decisions  of,  appropriations           ....     419  <          0301-13 

[419  0503-02 

reports  of  decisions  of,  printing  of,  appropriations           .       .  .  \  683  0503-02 

[730  0503-02 
rules  by,  regulating  contents  of  the  record  transmitted  to  said 

court  in  appellate  proceedings        .          .          .          .          .187  1, 2 

shellfish,  plants  for  purifying,  maintenance  of,  by  cities,  towns, 

etc.,  powers  as  to                    .          .          .          .          .          .     698  1,  Subs.  78 

Southborough,   town  of,   taking  of  water  from  metropolitan 
water  system   by,   terms  and   conditions  of,   master   to 

determine,  appointment  by,  when           ....     644  1 

state  tax,  payment  of,  enforcement  by,  etc.                                   .731  4,  8 
superior  court,  airport  approaches,  municipal  regulations  rela- 
tive to,  appeals  from    .......     537  8 

enforcement  by       .......          .     537  6 

petitions  for  compensation  for  lands  taken  under         .          .     537  6,  Subs.  40G 

appeals  to,  cigarette  tax  law,  under       .           .           .           ._          .     417  8 

decisions  of  board  of  registration  of  professional  engineers 

and  of  land  surveyors,  from            .....     643  2,  Subs.  81P 

labor  and  industries,  commissioner  of,  orders  of,  etc.,  relat- 
ing to  apprentice  agreements,  from         ....     707  2,  Subs.  UK 

f  f     0302-01  to 

419  I         0.302-13; 

appropriations  .........  \  [        Page  478 


730 


0302-11  to 
0302-13 


chief  justice,  third  assistant  district  attorney  and  deputy  dis- 
trict attorney  in   southern   district,   providing   for,   etc., 

approval  by         ....■••  •     470  1,  2 

children,  certain,  placing  of,  on  probation  by  .  .  .     264  1,  2 

cigarette  tax  law,  certain  proceedings  with  respect  to,  in  .     417  8,  13 


district  court  judges  sitting  in,  trial  of  certain  criminal  cases  I  \  0302-13 


0302-11  to 

0302-13 

by,  appropriations    .  .  .  .  .  .  .  1  jon  /     0302-11  to 

[  ^-^^  \  0302-13 

law  providing  for,  duration  extended      .  .  .  .     576 

employment   security   law,    actions   to   recover   contributions 

under,  bringing  of,  in  .  .  .  .  .  .  .     685         1,  Subs.  18 

equity,  jurisdiction  in  (see  Equity  jurisdiction). 

fire  losses,  contracts  for  adjustment  of,  refusal  of  approval  of, 

by  commissioner  of  insurance,  review  by  .  .  .     703 


Index.  1553 

Item  or 
Chap.  Section. 

SUPREME  JUDICIAL  AND  SUPERIOR  COURTS  —  Concluded. 
superior  court  —  Condvded. 

justices  of,  payment  by  certain  cities,  towns  and  street  rail- 
ways of  cost  of  construction,  etc.,  of  certain  bridges  be- 
tween Boston  and  Chelsea,  enforcement  by,  upon  appli- 
cation of  city  of  Boston         ......     178  2 

labor  relations  commission,  orders  of,  required  to  render  opin- 
ions when  enforcing,  modifying  or  setting  aside        .  .     261 
medical  service  plans,  non-profit,  certain  decisions  and  find- 
ings by  state  departments  or  officers  in  relation  to,  revi- 
sion of,  by  proceedings  in      .....          .     334  Suba.  12 

milk  control  board,  appearance  of  witnesses  before,  etc.,  en- 

.  forcement  of,  by 691        2,  Subs.  18 

decisions,  orders,' rules,  etc.,  of,  review  by,  etc.  .  .  .     691    2,  Subs.  8,  21 

probation,  placing  of  certain  children  on,  by  .  .  .     264  1,  2 

property  taken  by  governor  under  emergency  defense  powers, 

compensation  for,  fixing  by  .  .  .  .  .  .719  6 

real  estate  mortgages,  foreclosure  of,  in  which  soldiers  or  sailors 
may  be  interested,  provision  for  judicial  determination 

of  rights  to  exercise  powers  of  sale  for,  as  affecting    .  .       25  1,  2 

Suffolk  county,  for  (see  Suffolk  County,  superior  court  for), 
tort  actions  arising  out  of  operation  of  motor  vehicles,  removal 
from  district  courts  to,  bond,  filing  of,  in,  not  required 
in  certain  cases  .......     203  2,  3 

time  of  making  application  for       .....     203  1,  3 

trade  schools,  private,  refusal  of  approving  authority  to  ap- 
prove, in  connection  with  licensing  of,  review  by  a  justice 

of       . 583     2,  Subs.  21C 

Sureties,  bonds  of  certain  fiduciaries,  on,  exemption  from  giving, 
applications  for,  notice  to  certain  guardians  and  conserva- 
tors     45  1,2 

Surety  bonds  (see  also  Bonds). 

Surety  companies,  authorized  to  do  business  in  commonwealth,  con- 
tracts, etc.,  made  by,   countersignature  of,  by  resident 
licensed  agent,  required  ......     451 

Surgeons  (see  Physicians). 

Surgeon,  state,  appropriations 419  |     ^^^aAm-r^ 

Surplus  commodity  stamps  (see  Federal  emergency  laws,  Surplus 
Commodity  Stamp  Plan,  so  called). 

Surplus  Marketing  Administration  of  the  United  States  De- 
partment of  Agriculture,  surplus  commodities  of, 
acceptance  of,  by  commonwealth,  and  distribution  under 

food  stamp  plan,  authorized  .....     634  1,  2 

See  also  Federal  emergency  laws.  Surplus  Commodity  Stamp 
Plan,  so  called. 

Surtaxes,  temporary,  on  certain  existing  types  of  existing  taxation 

Surveying,  land,  professional,  practice  of,  etc.,  regulated        .  .  <  . 

Surveys  (see  Massachusetts  co-ordinate  system). 

Sutton,  town  of  (see  Cities  and  towns). 

Swampscott,  town  of  (see  Cities  and  towns). 

Swine,  inoculation  of,  against  hog  cholera,  scale  of  fees  established 

for      .  . 375 

Swordfish  (see  Fish  and  fisheries). 

Syphilis,  applicants  for  marriage  intention  certificates,  serological  f  601  1 

test  of,  for,  required     .......  \  697  1-3 

T. 

Table  of  changes  in  General  Laws /  P^s^s  1269- 

(  looD 

Tanks,  hot  water,  marking,  construction  and  installation  of,  regu- 
lated       518  1-4 

Tashmoo  pond,  Tisbury,  town  of,  in,  construction  of  channel  from 

Vineyard  sound  to,  etc.  ......     565  1, 2 

Taunton,  city  of  (see  Cities  and  towns). 

Great  river,  sweep  seines,  law  prohibiting  use  of,  not  to  apply  to 

taking  of  smelt  from    .......     599        2,  Subs.  42 

river,  improvement  of  certain  part  of,  re-appropriation      .  .     419  Page  474 

'  '     1719-00  to 

state  hospital,  appropriations  .  ,  ,  .  .  •  I  I  1719-28 

1719-00 


416 

1-3 

643 

1-5 

722 

lA,  9A-9C 

|419{ 
[683 


1554 


Index. 


Chap. 
Tax  appeals  (see  Appellate  tax  board). 
TAXATION: 

in  general,  appellate  tax  board  (see  Appellate  tax  board), 
bonds  of  Boston  Elevated  Railway  Company  held  by  Boston 

metropolitan  district  exempted  from       ....     567 


laws  levying  certain  new  taxes,  administration  of,  appropria- 
tions ......... 


veterans,  tax  exemptions  of,  law  providing  for  adjustment  of, 
repealed      ......... 

cigarette  tax,  temporary,  collections  under,  stabilized,  etc.    . 
imposition,  etc.  ........ 

corporations,  of,  business  corporations,  additional,  temporary, 
imposition,  etc.   ........ 

change  in  fiscal  year  of  commonwealth,  as  affecting    . 

domestic,  certain    ........ 

securities,  dealing  exclusively  in    . 
merger  and  consolidation  of,  liability  of  resulting  corpora- 
tion for  certain    ........ 

corporate  franchises,  additional,  temporary,  imposition,  etc.  . 

electric  railroad  companies  {see,- supra,  corporations,  of,  cor- 
porate franchises). 

foreign  (see,  supra,  business  corporations;  infra,  manufactur- 
ing corporations) . 

gas  and  electric  companies  (see,  s^ipra,  corporations,  of,  cor- 
porate franchises). 

insurance  corporations,  foreign,  certain  personal  property  of, 
exempted  from  local  taxation         ..... 

lists  of  certain  corporations  liable  to  tax,  classifications  of 
commissioner  of  corporations  and  taxation  in,  appeals 
from,  relative  to  ....... 

manufacturing  corporations,  domestic  and  foreign,  certain 
See  also,  supra,  corporations,  of,  business  corporations. 

medical  service  corporations  exempted  from  taxes 

railroad  companies  (see,  supra,  corporations,  of,  corporate 
franchises) . 

street  railway  companies  (see,  supra,  corporations,  of,  cor- 
porate franchises). 

telephone  and  telegraph  companies  (see,  supra,  corporations, 
of,  corporate  franchises). 

water  companies  (see,  supra,  corporations,  of,  corporate  fran- 
chises) . 
county   tax,    basis   of   apportionment,  biennial  establishment 
of 

established     ......... 

granting  for  certain  counties        ...... 

excise  tax,  alcoholic  beverages,  sales  of,  and  of  alcohol,  upon, 
temporary,  additional,  time  during  which  to  be  imposed, 
extension  of         .  .  . 

cider  of  certain  alcoholic  content,  sale  and  importation  of, 
upon  ......... 

cigarettes,  sales  of,  upon  (see,  supra,  cigarette  tax). 

gasoUne  and  certain  other  fuel  used  in  propelling  motor  ve- 
hicles, sale  of,  upon  (see,  infra,  gasoline  tax). 

meals  served  to  public,  charges  for,  upon      .... 

medical  service  corporations,  dues  paid  by  subscribing  mem- 
bers of,  upon       ........ 

merchandise,  sale  of,  upon,  Unfair  Sales  Act,  so  called,  clari- 
fied by  inclusion  of,  in  connection  with  seUing  below  cost, 
etc.    .......... 

motor  vehicles,  registered,  on  (see,  infra,  motor  vehicles,  regis- 
tered, excise  on). 
forest  lands  and  products,  classified,  of,  method  of    . 
gasoline  taa,  additional,  time  during  which  effective  further 
extended     ......... 


Item  or 
Section. 


419  ■ 

1201-11, 
1201-12 

683 

f  1201-11, 
1201-12 

730. 

^  1201-21, 
1201-22 

609 

1.2 

715 

11 

417 

1-19 

416 

1,3 

r509 
\656 

3-9 

1 

331 

6 

331 

6 

514 

2 

416 

1,3 

467 


726 
331 

f306 
\334 


1.2 
6 

Subs.  14 
Subs.  14 


112 
141 
633 
528 
680 


339 
637 


729 
/306 
1334 


494 

652 
330 


2.3 


17 
Subs.  15 
Subs.  15 


1.2 


Index  1555 


Chap. 

Item  or 
Section. 

729 
416 
331 
729 
331 
685 

9 

1,3 

1,3,4 

9 

4 

1,  Subs.  21 

331 

1 

729 
416 

9A 
2,3 

605 
415 

1.2 
1.2 

145 

209 

2 

TAXATION  —  Continued. 

incomes,  of,  additional,  imposition  of,  to  be  used  for  old  age 
assistance  fund    ........ 

temporary,  imposition,  etc.       ...... 

dividends  .  . 

additional,  imposition  of,  to  be  used  for  old  age  assistance  fund 
distribution  of  proceeds  to  cities  and  towns 
employment  security  law,  contributions  under,  as  affecting    . 
estates,  fiduciaries,  partnerships,  associations  and  trusts,  cer- 
tain, received  by  ....... 

legacies  and  successions,  of,  additional,  imposition  of,  to  be 
used  for  old  age  assistance  fund     ..... 

temporary,  imposition,  etc.       ...... 

non-resident   decedents,   reciprocity  respecting   property   re- 
ceived by  tax  exempt  institutions  from,  act  providing 
rates  of     .........  . 

local  taxes,  abatements,  real  estate  in  which  closed  banks,  etc., 
have  an  interest,  in  case  of,  taking  of  appeals  with  re- 
spect to      ........  . 

records  of       ........  . 

See  also  Appellate  tax  board, 
assessment  of,  Boston  Terminal  Company,  real  estate  of,  rail- 
roads having  use  of,  to  ......     711  3 

exemptions,  airport,  public,  certain  property  held  by  a  city 

or  town  in  another  city  or  town  for  purposes  of  .  .     440 

Boston  Terminal  Company,  real  estate,  certain,  of  .  .711  2 

collection   of   taxes  from   estates  of  persons   who   were 

granted 227  1-3 

,.     ,  .  ^.  ^      t  /  306  Subs.  14 

medical  service  corporations,  property  of         .  .  .  <  ooa  Subs  14 

personal  property  of  certain  foreign  insurance  companies     467 
tangible  personal  property  in  storage  in  public  warehouses     482 
forest  patrols  for  prevention  of  forest  fires,  for   .  .  .     688  1 

assessors  (see  Assessors  of  taxes), 
collection  of,  estates  of  persons  who  were  relieved  therefrom 

for  lack  of  ability  to  pay  or  otherwise,  from    .  .  .     227  1-3 

forms  used  in  proceedings  for,  relative  to  .  .  .  .     258  4 

interest  on  unpaid  (see,  infra,  local  taxes,  interest  on  un- 
paid), 
parcels  of  real  estate  separately  assessed,  on,  relative  to      .     573  1,  2 

poll  taxes,  applicability  of  certain  laws  to  ...     258  3 

sale  or  taking  of  land,  by,  liens  for  water  rates  and  charges, 

as  affecting 380  1-7 

tax  titles,  accounts,  satisfaction  of,  instruments  acknowl- 
edging, further  regulated         .  .  .  .  .231 

C 129  1   2 

borrowing  of  money  by  cities  and  towns  based  upon  .  <,  yog  '  2 

foreclosure  of,  proceedings  in  land  court  for,  relative  to     319  1-4 

recovery  of  possession  of  land  after,  remedy  of  sum- 
mary process  for  possession  of  land  extended  so  as 

to  permit 242  1, 2 

municipally  owned  lands  formerly  held  under,   care, 

leasing  and  disposal  of  . 
sale  of  lands  of  low  value  held  by  cities  and  towns  under 
vaUdity  of,  and  of  items  included  in  tax  title  accounts, 
relative  to    . 
when  a  collector  ceases  to  hold  his  office    .... 

See  also  Collectors  of  taxes, 
housing,  defense,  during  present  emergency,  payments  of  an- 
nual sums  in  lieu  of  taxes  on  property  held  or  acquired  in 
interest  on  unpaid,  payment  of        .  .      . 

hens  for  taxes  on  parcels  of  real  estate  separately  assessed, 
discharge  of,  relative  to         .....  . 

poll  taxes,  collection  of,  applicability  of  certain  laws  to   . 
interest  on  unpaid,  payment  of  ....  . 

notices  of,  time  of  sending  '     . 
Quincy,  city  of,  refunding  by,  of  certain  overpayments  by 
Boston  Consolidated  Gas  Company        .... 

reassessed,  interest  on  ......  . 

reimbursement,  state,  for  loss  of  taxes  on  land  owned  by  com-/  419 
monwealth,  etc.,  appropriations  ... 

investigation  relative  to         ...  .       Resolve  "    80 


296 
594 

1.2 
1-3 

84 
308 

1.2 

317 

258 

3 

1,5 

573 

258 
258 
258 

1,2 
3 

1 
2 

546 
258  . 
419 
683 

1.2 

6 

1201-05 

1201-05 

1556 


Index. 


Chap. 
TAXATION  —  Concluded. 
local  taxes  —  Concluded. 

tax  bills,  separate,  on  parcels  of  real  estate  separately  assessed, 

etc.,  relative  to    .  .  .  .  .  .  .  .     573 

tax  titles  (see,  supra,  collection  of,  sale  or  taking  of  land,  by). 

motor  vehicles,   registered,   excise   on,   law  providing   for, 

application    in    respect    to    motor    vehicles    and    trailers 

owned  by  certain  corporations  and  associations 

state  tax,  apportioned  and  assessed         ..... 

basis  of  apportionment,  biennial  establishment  of 

established     ......... 

Taxation  and  public  expenditures,   special  commission  on, 

complete  report  of,  printed  copies  of,  free  distribution  by 

state  secretary     ........     256 

Taxation,  corporations  and,  department  of  (see  Corporations 

and  taxation,  department  of). 
Taxes,  collectors  of  (see  City  and  town  collectors;    Collectors  of 

taxes). 
Taxidermists  (see  Game  and  inland  fisheries). 
Tax  titles  (see  Taxation,  local  taxes,  collection  of). 
Teachers  (see  Schools,  public). 


Item  or 
Section. 


1.2 


718 

1,2 

731 

1-8 

112 

141 

633 

1.2 

Teachers  colleges,  state,  appropriations 


151 
419  I 
622 
683  I 
419 


students  in,  state  aid  to,  appropriation    .... 

Teachers'  retirement  board  (see  Education,  department  of;  Re- 
tirement systems  and  pensions). 

Teachers'  retirement  system  (see  Retirement  systems  and  pen- 
sions) . 

Telephone  and  telegraph  division  (see  Public  utilities,  depart- 
ment of). 

Telephone  companies,   bonds,   etc.,   of,  investments  by  savings 

banks  in      ........  .     413 

taxation  of  (see  Taxation,  corporations,  of ,  corporate  franchises). 

Telephones,  general  court,  appropriation      ..... 

state  house,  appropriations     ....... 

Tenants,  joint,  etc.,  simultaneous  deaths  of,  effect  upon  distribu- 
tion of  property  to        ......  . 

Tenement  houses,  laws  applicable  to,  in  towns,  question  of  revok- 
ing acceptance  of  certain  provisions  of,   voting  on,   by 
town  of  Watertown  at  its  next  annual  town  election 
rented  for  human  habitation,  standards  of,  legislation  advis- 
able to  require  owners  of,  to  raise,  etc.,  investigation 
relative  to        .....  .        Resolve 

appropriation       ........ 

Tercentenary   Edition   of   the    General   Laws,  distribution  to 
certain    members   of   executive    council    and    of   general 
court  .......        Resolve       19 

Terminal  facilities,  operation  and  maintenance  of,  on  Lord's  Day, 

by  railroads,  etc.,  investigation  relative  to  .        Resolve       67 
appropriation      ........     683 

Testators,  fraud,  etc.,  practiced  on,  disposition  of  property  by 
will  when,  investigation  relative  to,  by  judicial 
council        .  .  ,  .  .  .  ,        Resolve       18 

Testimonials,  soldiers  and  sailors  of  world  war,  to,  appropriation     .     419 

Tewksbury,  state  hospital  and  infirmary,  appropriations  .419 

escapes  from,  complaints  for,  making  and  prosecution  of  .      191 

former  patients  of,   correspondence  courses,   free  of  charge, 

offering  of,  by  department  of  education  to      .  .  .     561 

inmates,  insane,  of,  guardians  and  conservators  of,  allowance 
of  accounts  of,  further  regulated,  and  relative  to  collec- 
tion of  sums  due  for  support  of  such  persons   .  .  .     398 
labor,  may  be  required  to  perform    .          .          .          .  .196 

liquids  and  articles,  certain,  unlawful  possession,  handling  or 

consumption  by  inmates  of,  penalized    ....     201 

name  of  state  infirmary  changed  to,  act  making  certain  changes 

in  general  laws  necessitated  by      .  .  .  .  .351 


1.  2 

1307-00  to 
1321-00 
1.  2 
1310-34, 
1314-21 
1301-08 


4.5 


419 
419 
683 

0102-12 
0415-10 
0415-10 

549 

1.2 

6 

1.2 

71 

683 

0225 

0223 


0411-01 

1919-00  to 

1919-24 


1-43 


Chap. 

Item  or 
Section. 

596 
706 

25 

419 

683 

1202-21 
1202-21 

164 

462 

154 

468 

419  1 
730 

1331-00, 

1331-31 

Page  1176 

419  1 
468 

1333-00, 
1333-34 

Index.  1557 


Tewksbury  —  Concluded. 

state  hospital  and  infirmary  —  Concluded. 

superintendent   of,   act  promoting  equality  of  compensation 

for  positions  in  state  service,  as  affecting 
transfer  of  insane  to  and  from  wards  of,  relative  to 
town  of  (see  Cities  and  towns). 
Texas,  state  of,  litigation,  certain,  pending  in  courts  of,  in  connec- 
tion with  suit  of  commonwealth  against  Edgar  B.  Davis, 
premium  on  certain  bond  filed  in  connection  with,  appro- 
priations    ......... 

Textile  factories,  pick  clocks  on  looms  in  certain,  installation  of, 

law  requiring,  made  inapplicable  to  linen  fire  hose  weaving 

testing  of        ........  . 

Textile  industry,  six  o'clock  law,  so  called,  relating  to  hours  of  em- 
ployment of  women  in,  suspension  until  April  1,  1943 
Textile  machinery,  etc.,  conditional  sales  of,  relative  to 
TEXTILE   SCHOOLS: 

Bradford  Durfee,  appropriations     ...... 

Lowell  (see  Lowell  textile  institute). 

New  Bedford,  appropriations  ...... 

Theatres,  seats  for,  etc.,  conditional  sales  of,  relative  to 

Theatrical  exhibitions,  shows  and  amusements,  tickets  to  cer- 
tain, sale  and  resale  of,  persons  financially  interested  in 
such  theatrical  exhibitions,  etc.,  prohibited  from  engaging 
in,  in  certain  cases        .......     247 

Thornton,  Edward  J.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve       88 

Tickets,  public  amusement  places,  to,  sale  and  resale  of,  persons 
financially  interested  in  such  places  prohibited  from  en- 
gaging in,  in  certain  cases     ......     247 

Tidal  waters  (see  Waters  and  waterways). 

Time  payments,  so  called  (see  Conditional  sales). 

Tisbury,  town  of  (see  Cities  and  towns). 

Title  to  real  property  (see  Real  property). 

Tobin,  Arthur  M.,  payment  by  commonwealth  of  sum  of  money 
to,  as  compensation  for  services,  etc.,  made  necessary  by 
hurricane  and  floods  of  1938  .  .  .        Resolve       88 

Tolland,  town  of  (see  Cities  and  towns). 

Tonics,  so  called  (see  Beverages,  non-alcoholic). 

Topographic    maps,    state    departments,    issued   by,   printing   of, 

relative  to  ........     428 

Tort  actions,  death,  for,  damages  in,  method  of  assessing  and  mini- 
mum amount  recoverable,  study  relative  to    .        Resolve       40 
libel  and  slander,  for,  investigation  relative  to  .       Resolve       38 

motor  vehicles,  operation  of,  arising  out  of,  removal  from  district 
courts  to  superior  court,  bond,  filing  of,  not  required  in 
certain  cases         ........     203  2,  3 

time  of  making  application  for  .....     203  1,  3 

Tourist  camps  (see  Camps,  etc.). 

Town  committees  (see  Elections,  political  committees). 

Town  counsel  (see  City  and  town  solicitors). 

Town  manager  form  of  government,  Canton,  town  of,  establish- 
ment for     .........       13  1-30 

TOWN   MEETINGS,   LIMITED,   ETC.: 

Adams,  in,  reduction  of  number  of  town  meeting  members  at 

large  .  .  , 560  1,  2 

Ludlow,  in,  candidates  for  election  as  town  meeting  members, 

filing  nomination  papers  by,  further  regulated  .  .     167 

Saugus,  in,  number  of  town  meeting  members,  relative  to  .     367  1,  2 

West  Springfield,  in,  chairman  of  board  of  public  welfare  to  be 

town  meeting  member  ex  officio     .....     284 
Weymouth,  in,  number  of  votes  required  upon  referendum  to 

reverse  action  of  town  meeting,  relative  to      .  .  .     429  1, 2 

Town  officers  (see  Municipal  officers  and  employees;  and  specific 
titles) . 

Towns  (see  Cities  and  towns). 

Tracks,  railroad  corporations,  of,  unlawful  injury  to  or  interference 

with,  prohibited  .......       54 

Trades  (see  Apprentice  training,  commission  on). 


1558  Index. 


Item  or 
Chap.  Section. 

Trade  schools,  private,  further  regulated      .....     583  1-3 

Traffic  congestion,  improvements  for  relief  thereof,  etc.,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve       75 

Traffic  signs  or  signals,  driving  of  military  convoy  vehicles  through 
intersections  of  ways  contrary  to,  permitted  in  certain 
cases  .........     318 

Trailer  camps,  inspections,  certain,  of,  notice  to  licensees  of  results  of     396 
Trailers,  heavy  duty  platform  trailer,  term  further  defined      .  30 

See  also  Motor  vehicles. 
Training   schools,    Massachusetts    (see    Massachusetts   training 

schools). 
Trains  (see  Railroads). 

Transportation,  bovine  animals,  of,  further  regulated    .  .  607  1,  2 

companies,   cigarettes,   sale  of,  engaged  in,   licensing,   etc.,   of, 

under  cigarette  tax  law  ......     417  1,2,  10 

facilities,  railroad,  commonwealth,  within,  investigation  relative 

to,  continued       ......        Resolve       43 

appropriation  .  .  .  .  .  .  .     683  0204 

fish  and  other  food  stuffs,  of,  on  Lord's  Day,  investigation  rela- 
tive to         ......  .        Resolve       67 

appropriation  ........     683  0223 

property,  of,   interstate,   by  motor  vehicle,   etc.,  investigation 

relative  to  .  .  .  .  .  .        Resolve       54 

pupils,  of,  contracts  for,  submission  of,  to  department  of  educa- 
tion, etc.     .........     590 

state  reimbursement  for      .......     532 

rapid  transit  facilities.  East  Boston,  Chelsea,  Winthrop,  Revere, 

etc.,  in,  providing  for,  investigation  as  to        .        Resolve       28 
See  also  Motor  vehicles;   Railroads;   Street  railways. 
Trapp  pond,  land  near,  in  towns  of  Edgartown  and  Oak  Bluffs,  ac- 
quisition by  commonwealth  for  public  beach,  investigation 
relative  to  ......        Resolve       44 

Traps  and  trapping  (see  Game  and  inland  fisheries). 
Treasurer  of  the  United  States  (see  United  States). 
Treasurers,  city  and  town  (see  City  and  town  treasurers). 

county  (see  County  treasurers). 
TREASURER,   STATE: 


appropriations 


0601-01  to 
419  \         0604-03, 

2970-01 
0601-03  to 

0604-02 


683 


Atlantic  seaboard  marine  fisheries,  interstate  compact  relative  to, 

powers  and  duties  as  to         .  .  .  .  .  .     489  4 

board  composed  of  attorney  general,  director  of  accounts  and, 
approval  by,  of  renewal  of  certain  temporary  revenue 
loans  by  cities,  towns  and  districts  .  .  .     _     .     134 

Boston,  airport,  so  called,  transfer  of,  to  commonwealth  and  im-  f  695  9 

provements  thereof,  borrowing  of  funds  for,  duties  as  to  \  728  1 

city  of,  certain  waterfront  properties  in,  to  be  acquired  for  1  714^  o 

construction  of  pier,  expenditures  for,  powers  and  duties  \  -^o  3 

as  to  .  .  .  .  .  .  .  .  .J 

Elevated  Railway  Company,  deficits  in  costs  of  operation  of, 

payments,  etc.,  on  account  of,  powers  and  duties  as  to     .     139  1 

reports,  certain,  by,  to     .  .  .  .  .  .  .  <  ^^q  3 

child  guardianship,  division  of,  unclaimed  funds  held  for  bene- 
fit of  former  wards  of,  disposition  of,  powers  and  duties 
as  to  .........     618 

cigarette  tax,  temporary,  powers  and  duties  as  to      .  .  .     417  6,  13,  14 

civil  service  positions,  rosters  of,  and  the  incumbents  thereof, 
use  of,  in  connection  with  payment  of  salaries  or  compen- 
sation, powers  and  duties  as  to      .  .  .  _       .  .      165  1 

county,  city  and  town  retirement  systems,  supervision  of,  by 
commissioner  of  insurance,  expense  of,  powers  and  duties 
as  to 584  2 

deputy  treasurer,  first  and  second,  act  promoting  equality  of 

compensation  for  positions  in  state  service,  as  affecting  .     596  4 

Draber,  Verna  K.,  payment  by  town  of  Bourne  of  sum  of  money 

to,  duties  as  to    .  .  .  .  .  .  .  .     623 

emergency  finance  board  in  department  of  (see  Emergency 
finance  board). 

emergency  public  works  commission  in  department  of  (see 
Emergency  public  works  commission). 


Index.  1559 

Item  or 
Chap.  Section. 

TREASURER,    STATE  —  Concluded. 

engineers  and  land  surveyors,  professional,  board  of  registration 

of,  secretary  of,  to  give  bond  to     .  .  .  .  643     2,  Subs.  81C 

fiscal  year  of  commonwealth,   change  in,   as  affecting  certain 

powers  and  duties  of    .  .  .  .  .     656  6,  10,  17 

forest,  fires,  forest  patrols  for  prevention  of,  cost  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     688  1 

lands  and  forest  products,  classified,  tax  collected  on,  payment 

of  part  of,  to 652  1,  Subs.  4 

general  court,  compensation  of  members  of,  payment  of,  powers  f  307  1,  2 

and  duties  as  to  .  .  .  .  .  .  .  \  600  1, 2 

hairdressers,   board  of  registration  of,   accounting  by,   to,  for 

certain  sum  of  money  relieved  from        .  .        Resolve       72 

harbor     and     waterway     improvements,     certain,     duties     as 

to      .  .  .  .  .  .  .  .       Resolve      86 

income  taxes,  distribution  to  cities  and  towns  by       ...     331  4 

insurance,  commissioner  of,  accounting  by,  to,  for  certain  sum 

of  money,  relieved  from         ....        Resolve       47 

companies,    mutual,    certain,    having   guaranty    capital,    de- 
posit by,  with,  requirements  as  to       .  .  .  654  1, 2 
issuing  policies  without  contingent  liability,  deposit  by, 

with,  requirements  as  to    .  .  .  .  .  .716  1-4 

group,  low  cost  medical  care,  etc.,  for  public  employees,  and 
pay  roll  deductions  on  account  thereof,  special  commis- 
sion to  investigate  relative  to,  to  be  or  to  designate  a 
member  of  ......        Resolve       65 

metropolitan  district  water  supply  system,  furnishing  of  water  "j  _^_  .    _ 

from,  to  certain  additional  cities  and  towns,  expense  of,  \  L^i  '  5 

powers  and  duties  as  to         .  .         _.  .  .  .J 

naval  ammunition  depot  and  lighter-than-air  base,  so  called, 
lands  in  counties  of  Norfolk  and  Plymouth  to  be  acquired 
for,  sums  received  from  United  States  in  connection  with, 
powers  and  duties  as  to         .  .  .  .  .  .     702  3 

north    and   south   metropolitan   sewerage   districts,    additional  'j  _.,„  4011 

provisions  for  sewage  disposal  needs  of,  powers  and  duties  [•  L^  '    '     . 

in  connection  with        .  .  .  .  .  .J 

plumbers,  state  examiners  of,  accounting  by,  to,  for  certain  sum 

of  money,  relieved  from         ....        Resolve       62 

Quabbin  reservoir,  use  by  additional  municipalities  for  water 
supply  purposes,  etc.,  expenses  of  special  commission 
to  investigate  as  to,  assessment  on  cities  and  towns 
by      .......  .        Resolve       91 

Quannapowitt,  Lake,  drainage  of  certain  low  lands  adjacent  to,  in 

town  of  Reading,  certain  duties  in  connection  with  .  .       62  1,  2 

state  camp  ground,  so  called,  in  town  of  Framingham,  sale  of, 

purchase  price  to  be  paid  to  .....     463  3 

state  officers  and  employees,  vacation  pay  for,  advance  pay- 
ments of,  powers  and  duties  as  to  .  .  .  .     508 

state  tax,  apportionment  and  assessment  of,  duties  as  to  .  .     731  1-8 

surplus  agricultural  commodities,   funds  contributed   by  cities 

and  towns  for  distribution  of,  etc.,  depositing  with  .  .     634  1 

tax  titles,  loans  to  cities  and  towns  on  account  of,  powers  and  f  129  1,  2 

duties  as  to  .  .  .  .  .  .  .  \  728  2 

treasury  unit,  so  called,  transfer  of  said  unit  to  division  of  em- 
ployment security  from,  etc.  .....     686  1,  2 

unemployment  compensation,  changes  in  law  relative  to  admin-  \  cor  J       '       50-53* 
istration  of,  as  affecting  powers  and  duties  of  .  .  J  1         56-61  •  7 

wild  life,  properties  received  for  propagation  and  protection  of, 

administration  by         ......  .     599        2,  Subs.  90 

Treasury  unit,  so  called,  transfer  of,  from  department  of  treasiu-er 

and  receiver  general  to  division  of  employment  security  .     686  1,  2 

Tree,  state,  American  elm  designated  as  the  ....     121 

Trial  justices,  cigarette  tax  law,  enforcement  of,  certain  proceedings 

as  to,  before         ........     417  8 

inquests  in  cases  of  death  involving  motor  vehicles  carrying 
passengers  for  hire,  evidence  at,  report  of,  to  department 
of  public  utilities  by     .  .  .  .  .  .  .     499 

Trials,  civil  (see  Practice  in  civil  actions) . 

criminal  (see  Criminal  procedure  and  practice). 
Trucks  (see  Motor  vehicles,  trucks). 
Trust  companies  (see  Banks  and  banking). 
Trustee  process,  actions  upon  judgments,  in,  investigation  relative 

to      .  .         .  .  .  .  .  .       Resolve       17 


1560  Index. 


Chap. 

Item  or 
Section. 

338 

1,2 

399 

1,  2 

45 

474 

.  2 

36 

708 

21 

483 

3 

702 

474 

4 

549 
331 

1.2 

1 

Trustee  process  —  Concluded. 

attachment  by,  exemption,  partial,  from,  of  certain  sums  pay- 
able as  pensions  ....... 

Trustees,  bankruptcy,  in,  accounting  to,  by  receivers  of  estates  of 
absentees    ......... 

bonds  of  certain,  sureties  on,  exemption  from  giving,  applications 

for,  notice  to  certain  guardians  and  conservators 
common  trust  funds,  collective  investments  in,  by,  relative  to  . 
compensation  of,  apportionment  of,  as  between  principal  and 
income        ......... 

military  or  naval  service  by,  as  affecting  certain   actions  in- 
volving       ......... 

motor  carrier  certificates,  permits,  etc.,  transfer  of,  upon  appli- 
cation of     ........  . 

See  also  Fiduciaries. 
Trustees  of  Public  Reservations,  The,  lands,  certain,  of,  con- 
veyance to  United  States,  authorized      .... 

Trusts,  common  trust  funds,  collective  investments  in,  relative  to  . 

living,  80  called,  simultaneous  deaths,  effect  of,  upon  distribution 

of  property  under         ....... 

transferable  shares,  having,  income  received  by,  taxation  of 
shareholders,  lists  of,  etc.,  filing  with  commissioner  of  corpo- 
rations and  taxation  by  ......     331  3 

Tuberculosis,  division  of  (see  Public  health,  department  of). 
Tuberculosis  hospital  districts,  county,  charges  for  support  of 
patients   at   hospitals   of,    established   for  years   1941    to 
1943,  inclusive,  and  providing  for  an  investigation  as  to 

the  cost  of  and  admission  to  such  hospitals     .  .  .016  1, 2 

appropriation  ........     683  0226 

retirement  systems,  contributory,  of  (see  Retirement  systems 
and  pensions:  retirement  systems,  contributory,  counties, 
of). 

Tuition,  children,  of,  etc.,  cost  of,  appropriations  .  .  .  .     419  |         \^qn7^\| 

Tunnel,  vehicular.  East  Boston  (see  Sumner  Tunnel). 

Twenty-sixth  division,  Massachusetts  national  guard,  major 
general  commanding,  as  an  associate  member  of  the 
special  military  reservation  commission,  appointment  in 
certain  cases  of  person  to  act  as  such  associate  commis- 
sioner in  lieu  of  said  major  general  .  .  .  .20 
as  member  of  armory  commission,  appointment  in  certain 
cases  of  person  to  act  as  such  member  in  lieu  of  said 
major  general      ........       19 

Tyngsborough,  town  of  (see  Cities  and  towns). 


u. 

Undertakers  (see  Funeral  directors). 

Undue  influence,  property,  certain,  disposition  of  by  will  in  cases 

of,  investigation  relative  to,  by  judicial  council       Resolve       18 
Unemployment,  cities  and  towns,  expenditures  by,  to  co-operate 
with  federal  government  in  certain  projects  to  relieve, 
extension  of  time  for    ....... 

co-operative  bank  loans,  direot^reduction,  on  real  estate,  suspen- 
sion of  payments  on,  because  of    . 
relief  projects,  federal,  borrowing  by  cities,  towns  and  districts 
on  account  of      .......  . 

See  also  Federal  emergency  laws;    Massachusetts  Commission  on 
the  Emplovment  Problems  of  Negroes. 
UNEMPLOYMENT    COMPENSATION,   DIVISION   OF: 

administrative  expenses  of,  expenditure  of  funds  received  under 
Social  Security  Act  for,  regulation  of,  and  providing  for 
replenishing  said  funds  in  certain  cases  ....     476  1-4 


58 

293 

1, 

Subs. 

36C 

92 

1-3 

appropriations 


director,  funds  received  under  Social  Security  Act  for  expenses 
of  administering  unemployment  compensation  law,  re- 
plenishing of,  in  certain  cases,  powers  and  duties  as  to    .     476 


4,0/         1607-01, 
*^^ \  1607-02 

683  1607-21 


Index.  1561 


Item  or 
Chap.  Section. 

UNEMPLOYMENT   COMPENSATION,    DIVISION    OF  —  Con- 
eluded. 
name  changed  to  division  of  employment  security,  and  certain 
other  changes  made  in  law  with  respect  to  unemployment 
compensation       ........     6S5  1-11 

Sec  also  Employment  security  law;    Unemployment  compensa- 
tion law. 
UNEMPLOYMENT    COMPENSATION    LAW: 

benefits,   military   or  naval   service,   persons  in,   provisions  for 

payment  to,  upon  termination  of  service  .  .  .     701  1-7 

See  also  Employment  security  law. 

Unfair  Cigarette  Sales  Act,  so  called 715  1-13 

Unfair  Sales  Act,  so  called,  clarification  of  ....     494 

UNIFORM    STATE   LAW: 

simultaneous  deaths,  effect  of,  upon  devolution  of  property         .     549  1,  2 

Uniform  state  laws,  commissioners  on,  appropriation  .     419  0420-01 

Uniforms,  state  guard,  so  called,  for,  appropriation         ...  2  1,  2 

United  Spanish  War  Veterans,  flag  of  United  States  or  of  Massa- 
chusetts belonging  to   camps  of,   staffs  bearing,   attach- 
ment to,  of  streamers  having  certain  inscriptions  thereon, 
authorized,  etc.    ..  .  .  .  .  .  .117  1,2 

national    convention   of,    in    1943,    representation    of   common- 
wealth at,  if  held  in  Boston  .  .  .        Resolve       87 
state   convention   of,    in   town   of   Plymouth,    appropriation   of 

money  by  said  town  in  connection  therewith  .  .  .     453  1,  2 

UNITED    STATES: 

agriculture,  department  of,  of,  surplus  marketing  administration 
of,  acceptance  by  commonwealth  of  surplus  commodities 

from,  and  distribution  under  food  stamp  plan,  authorized     634  1,  2 

federal  funds  for  benefit  of,  distribution  of,  co-operation  by 

commonwealth  in,  with,  study  as  to       .  .        Resolve       56 

appropriation  ........     683  0219 

Annisquam  river  in  city  of  Gloucester,  bridge  over,  construction  f  613 
of,  with  funds  of  .......  \  660 

antitoxins,  serums,  etc.,  distribution  of,  by  state  department  of 
public  health,  for  use  of  armed  forces  or  civilian  defense 
work  of       ........  .     612 

Ayer,  town  of,  connection  of  sewers  of,  to  sewerage  system  of 
Fort  Devens,  agreement  with         ..... 

Bankruptcy  Act  of  1898,  federal,  as  amended,  etc.  (see  Bank- 
ruptcy Act  of  1898). 
Bedford,  airport,  so  called,  establishment,  etc.,  of,  co-operation  /  268 
by  commonwealth  in,  with    ...... 

town  of,  Veterans'  Administration  Facility  in,   certain  lands 

for,  consent  of  commonwealth  to  acquisition  of,  by,  etc.  . 

Boston,  airport,  so  called,  construction,  maintenance,  etc.,  of, 

department   of    public    works    authorized    to    enter   into 

agreements  as  to,  with,  relative  to  ...  . 

city  of,  certain  land  in  East  Boston,  jurisdiction  over,  ceding  to 

harbor,   areas,    certain,    in,   jurisdiction   over,    ceding   to,    for 

purpose  of  extending  limits  of  navy  dry  dock  . 

extension  of  piers  into,  beyond  jurisdiction  of  Boston  Navy 

Yard  by      ........  . 

land  and  islands  near  Boston  airport  in,  city  of  Boston  au- 
thorized to  transfer  certain  interests  in,  to       . 
land,  certain,  in,  ceding  rights  and  jurisdiction  over,  to 
bridge.  General  Clarence  R.  Edwards  Memorial,  in  city  of  Spring- 
field, retrocession  of  jurisdiction  over,  by,  act  accepting 
Chicopee,  city  of,  Slabbery  pond  and  Smooth  pond  in  West- 
over  Field  Army  Air  Base  in,  jurisdiction  over,  ceding  to     . 
Civilian  Conservation  Corps  of  (see  Civilian  Conservation  Corps) . 
civilian  defense  activities,  co-operation  in,  with 
Coast  and  Geodetic  Survey,  system  of  plane  rectangular  co- 
ordinates established  by,  for  defining  and  stating  positions 
of  points  on  surface  of  earth  within  commonwealth  .  .       47 

commodity,   surplus,   stamps,   federal    (see   Federal  emergency 

laws,  Surplus  Commodity  Stamp  Plan,  so  called), 
congress  of,  act  of,  known  as  Soldiers'  and  Sailors'  Civil  Relief 
Act  of  1940  (see  Soldiers'  and  Sailors'  Civil  Relief  Act). 
Atlantic  seaboard,  marine  fisheries  along,  compact  relative 
to  better  utilization  of,  between  commonwealth  and  cer- 
tain other  states,  approval  by,  etc.         ....     489 


255 

9 

268 
650 

1-4 

666 

1-3 

695 
15 

8 
1,2 

535 

1-3 

12 

1-3 

695 
659 

10 
1-3 

540 

603 

1,  2 

719 

7 

1562  Index. 

Item  or 
Chap.  Section. 

UNITED    STATES  —  Continued. 

congress  of  —  Concluded. 

candidates  for  nomination  by  a  political  party  for  representa- 
tive in,  required  to  be  certified  as  enrolled  members  of 
such  party  ........     663 

emergency  laws  of  (see  Federal  emergency  laws). 

harbor  and  waterway  improvements,  certain,  appropriation 

for,  by        ......  .        Resolve       86 

defense  savings  bonds  and  defense  postal  savings  stamps,  co-  f221  1,2 

operation  by  banking  institutions  in  distribution  of         .  I  575 

emergency  laws  of  (see  Federal  emergency  laws). 

emergency,  national,  existing  (see  National  emergency,  exist- 
ing, legislation  pertaining  to). 

emplojonent  security  laws,  administration  of,  co-operation  by 

commonwealth  in,  with  agencies  of         ...  .     685        1,  Subs.  65 

flag  of,  inscriptions  on,  relative  to.  .  .  .  .  .117  1,2 

food  stamp  plan,  so  called,  of  (see  Federal  emergency  laws.  Sur- 
plus Commodity  Stamp  Plan,  so  called). 

forest  lands,  rehabilitation  of,  co-operation  by  state  forester  with     455 

forest  service  standard  of  classification  of  fire  danger,  use  of, 

in  forecasting  of  forest  fire  weather         ....     688  1 

functions  and  activities  of,  co-related  to  functions  and  activities 
of  state,  county,  city,  town  and  district  governments, 
investigation  relative  to         ...  .        Resolve       84 

funds  of,  investments  by  savings  banks  in         ...  .     413  1 

Hingham  bay,  tide  waters  of,  bridge  without  a  draw  over,  from 
Hog  island  to  mainland  in  town  of  Hull,  construction  by, 
authorized 632  1, 2 

housing,   administrator,  federal,  loans  insured  by,  making  by 
banking  institutions  and  insurance  companies,  term  of 
act  providing  for,  further  extended         ....     260 
defense,  during  present  emergency,  co-operation  in,  by  local 

housing  authorities  with        .  .  .  .  .  .317  1-5 

interstate,  commerce  commission  (see  Interstate  commerce  com- 
mission), 
transportation  of  property  by  motor  vehicle,  laws  of  common- 
wealth, making  of,  consistent  with  statutes  of,  investiga- 
tion relative  to    .  .  .  .  .        Resolve       54 

Lancaster,  town  of,  land  owned  by  commonwealth  in,  convey- 
ance by  trustees  of  the  Massachusetts  training  schools  to     146  1,  2 

Massachusetts,  board  for  the  promotion  of  opportunities  for 

young  people,  co-operation  by,  with  agencies  of       .  .     646  3 

military  units  inducted  into  service  of,  additional  allowances 

for  expenses  of,  providing  for         .  .  .        Resolve       41 

metropolitan  sewerage  districts,  north  and  south  districts,  addi- 
tional provisions  for  sewage  disposal  needs  of,  construc- 
tion, cost  of,  approval  by  agent  of  ...  .     720  1 

migratory  bird  reservations,  certain  areas  for,  consent  of  com- 
monwealth to  acquisition  of,  by,  etc.      ....     599        2,  Subs.  97 

military  and  naval  service  of  (see  Military  and  naval  service 
of  the  United  States;  Soldiers,  sailors  and  marines; 
Veterans) . 

milk  control,  uniform,  co-operation  with  respect  to,  with  gov- 
ernment of 691        2,  Subs.  24 

mothers  with  dependent  children,  aid  to,  laws  relative  to,  ad- 
ministration of,  fuller  co-operation  by  state  department 
of  public  welfare  in,  with      ......     693  1,  2 

naval  ammunition  depot  and  lighter-than-air  base,  so  called, 
certain  lands  in  counties  of  Norfolk  and  Plymouth  for, 
consent  of  commonwealth  to  acquisition  of,  by,  etc.  .     702  1-4 

old  age  assistance,  laws  relative  to,  administration  of,  fuller  co- 
operation by  state  department  of  pubUc  welfare  in,  with     697  1,  2 

Plymouth  harbor,  improvement  of,  by  town  of  Plymouth  in  co-  (64  1,2 

operation  with,  etc.,  borrowing  of  money  by  said  town  for  \  513  1,2 

president  of,  notice  to,  by  governor  of  approval  and  ratification 
of  interstate  compact  relative  to  marine  fisheries  along 
Atlantic  seaboard  .......     489  2 

public  health  service  of,  medical  officers  of,  mentally  deranged 

persons,  immediate  hospitalization  of,  upon  request  of     .     645  2 

Quincy,  city  of,  certain  land  in,  ceding  jurisdiction  of,  to   .  .     641  1-3 

secretary  of  agriculture  of,  definitions,  certain,  of,  in  connection 
with  distribution  of  surplus  agricultural  commodities 
under  food  stamp  plan,  to  apply  in  commonwealth,  when, 
etc 634  2 


Index. 


1563 


UNITED    STATES  —  Concluded. 

secretary  of  the  treasury  of,  deposit  of  certain  moneys  to  credit 
of  unemployment  compensation  trust  fund  of  common- 
wealth with,  etc.  ....... 

requirements  and  regulations  of,  etc.,  distribution  by  bank- 
ing institutions  of  United  States  defense  savings  bonds 
and  defense  postal  savings  stamps  in  accordance  with 
secretary  of  war  of,  Boston  airport,  so  called,  construction  of 
bulkheads,  etc.,  for  excavated  materials  at,  giving  assur- 
ances of ,  to 
construction,  reconstruction,  etc.,  of  certain  bridges  between 

Boston  and  Chelsea  pursuant  to  order  of,  etc. 
placing  of  certain  moneys  to  credit  of,  for  certain  harbor  and 
waterway  improvements       ....        Resolve 

Slabbery  pond  and  Smooth  pond  at  Westover  Field  Army  Air 

Base  in  city  of  Chicopee,  jurisdiction  over,  ceding  to 
social  security  board,  federal  (see  Federal  social  security  board), 
state  forests,  areas,  certain,  in,  use  for  national  defense  purposes 
by     . 
leasing  of,  for  national  defense  purposes  to  .  .  . 

operations  of  Ci\dlian  Conservation  Corps  in,  portion  of  pro- 
ceeds of  sales  of  products  resulting  from,  payment  by 
commonwealth  to  ......  . 

states    of,    civilian    defense    acti^'ities,    co-operation    in,    with 
agencies  of  ........ 

milk  control,  uniform,  compacts,  etc.,  in  respect  to,  with 
unemployment   compensation  law,   reciprocal   arrangements, 
etc.,  under,  with  ....... 

See  also  Fish  and  fisheries,  marine  fisheries, 
surplus  marketing  administration  of  department  of  agriculture, 
of,  acceptance  by  commonwealth  of  commodities  from, 
and  distribution  under  food  stamp  plan,  authorized 
See  also  Federal  emergency  laws.  Surplus  Commodity  Stamp 
Plan,  so  called, 
taxation  upon  sales  of  merchandise,  by.  Unfair  Sales  Act,  so 
called,  clarified  by  inclusion  of,  in  connection  with  selling 
below  cost,  etc.   ........ 

treasurer  of,  Civilian  Conservation  Corps,  operations  of,  por- 
tion of  proceeds  of  sales  of  state  forest  products  resulting 
from,  payment  by  commonwealth  to      . 
unemployment  relief  and  other  projects,   grants  for,   by   (see 

Federal  emergency  laws) . 
Westover  Field  Army  Air  Base  in  city  of  Chicopee,  Slabbery 

pond  and  Smooth  pond  at,  jurisdiction  over,  ceding  to 
Weymouth,  town  of,  land  for  airport  purposes  in,  acquisition 
of,  by  said  town  for  lease  or  conveyance  to     . 
United  States  Post  Office  Inspection  Service  Mutual  Benefit 
Association,    Inc.,    empowered    to    authorize    use    of 
proxies  by  members  in  voting        ..... 

Universities  (see  Colleges  and  universities). 

University  extension  cotirses,  appropriations      .... 

correspondence  courses,  free  of  charge,  offering  of,  to  former 
patients  of  certain  institutions       ..... 

Upholstered  furniture,   sale  within  commonwealth  of,  manufac- 
tured without  commonwealth,  certain  provisions  of  law 
relative  to,  repealed     ....... 

reimbursement  for  fees  paid  for  permits  under  said  provisions 
of  law,  appropriation    ....... 

Utilities,  public,  department  of  (.see  Public  utilities,  department 
of). 


Chap. 

Item  or 
Section. 

685  1. 

Subs.  50-56 

221 
575 

1.2 

695 

6 

178 

2 

86 

603 

1,2 

393 
63 

94 


719 
691 


2,  Subs.  24 
685        1,  Subs.  66 


634 


1,2 


494 

94 

603 

1.2 

7 

1-3 

206 

419  f         1301-61. 
*^^  1  1301-62 

561 


57 

683 


2820-07 


V. 

Vacations,  municipal  employees,  certain,  for  ....     368 

public  employees,  of,  wages  or  salaries  due  for.  payment  of,  in 
cases  where  compensation  for  total  incapacity  is  payable 
under  workmen's  compensation  law        ....     614 
state  officers  and  employees,  of,  half  pay  in  advance  of.  providing 

for 508 

Vaccines,  etc.,  distribution  of,  in  national  emergencies  .         .  ,     612 


1564 


Index. 


Vehicles,  military  convoy,  permitted  to  be  driven  through  intersec- 
tions of  ways  contrary  to  traffic  signs  or  signals  thereat 
in  certain  cases  ....... 

milk  or  cream,  used  in  business  of  selling,  use  of  word  "dairy' 
on,  restricted       ....... 

motor  (see  Motor  vehicles). 
Vending  machines,  cigarettes,  for,  licensing  and  operation  of,  under 

temporary  cigarette  tax  law 
Vendors  and  vendees  (see  Conditional  sales;   Sales). 
Venires,  jurors,  for,  returns  of,  by  deputy  sheriffs 
Vessels  (see  Ships  and  vessels). 

Veteran  Firemen's  Muster  Day,  annual  observance  of 
VETERANS: 

death  of,  records  of,  to  state  war  in  which  veteran  served 
educational  opportunities,  higher,  for  children  of  certain,  appro 
priation       ....... 

retirement  from  state  service  of  certain,  appropriations 

tax  exemptions  of,  law  providing  for  adjustment  of,  repealed 
See  also  American  Legion,  The;  Civil  war  veterans;  Disabled 
American  Veterans  of  the  World  War;  Grand  Army  of 
the  Republic;  Jewish  War  Veterans  of  the  United  States 
of  America;  Sons  of  Veterans  of  the  Civil  War;  Spanish- 
American  war;  State  aid,  military  and  soldiers'  relief; 
United  Spanish  War  Veterans;  Veterans  of  Foreign  Wars 
of  the  United  States ;  World  War ;  Yankee  Division  Vet- 
erans' Association. 

Veterans'  Administration  Facility,  Bedford,  town  of,  in,  acquisi- 
tion by  United  States  of  certain  lands  for,  consent  of 
commonwealth  to         ......  . 

Veterans  of  Foreign  Wars  of  the  United  States,  flag  of  United 
States  or  of  Massachusetts  belonging  to  a  post  or  depart- 
ment of,  staffs  bearing,  attachment  to,  of  streamers  having 
certain  inscriptions  thereon,  authorized,  etc.  . 
state  convention  of,  in  city  of  Westfield,  appropriation  of  money 
by  said  city  in  connection  with  ..... 
state  convention  of,  in  town  of  Greenfield,  appropriation  of 
money  by  said  town  in  connection  with 

Veterinary  medicine,  board  of  registration  in  (see  Civil  service 
and  registration,  department  of). 

Victuallers,  common  (see  Common  victuallers). 

Vineyard  sound,  Tisbury,  town  of,  in,  construction  of  channel  to 
Tashmoo  pond  from,  etc.       ...... 

Virginia,  state  of,  marine  fisheries  along  Atlantic  seaboard,  com- 
pact relative  to,  between  commonwealth  and,  etc., 
approval,  ratification,  etc.    ...... 

Viruses,  etc.,  distribution  of,  in  national  emergencies 

Vital  statistics,  indexing,  appropriation        .  .  .  .  . 

Vocational  education,  division  of  (.see  Education,  department  of). 

state  board  for,  representative  of  organized  labor  to  be  appointed 

member  of  ........ 

See  also  Trade  schools. 

Vocational  rehabilitation  and  co-operation  with  federal  gov- 
ernment, appropriations     ...... 

Vocational  schools,  teachers  for,  training  of,  appropriations 

Volunteer  militia  (see  Militia). 
Voters  (see  Elections). 

registrars  of  (see  Registrars  of  voters). 
Voting  (see  Elections). 

Voting  machines,  use  of,  making  certain  changes  in  election  laws 
necessitated  by    . 


Chap. 

318 

298 

417 

90 
387 

51 

419 

419  I 

683 
609 


Item  or 
Section. 


1-19 


1301-09 
2811-01, 
2811-02 
2811-02 
1.2 


666 


1-3 


117 

1,2 

424 

1.2 

43 

1.2 

565 


489 
612 
419 


531 

[419 

683 

419 
683 


511 


1.2 

1-5 
0501-06 


1301-31. 
1301-32 

1301-31, 
1301-32 
1301-31 
1301-31 


1-7 


Index. 


1565 


W. 

Wachusett  reservoir,  water  supply  from,  for  town  of  Boylston 

Wage,  boards,  appropriation         ....... 

minimum,  service,  department  of  labor  and  industries,  appro- 
priations    ......... 

Wage  and  hour  standards,  adoption  of,  within  commonwealth, 
investigation  relative  to,  appropriation 

Wagers,  horse  and  dog  races,  on  (see  Horse  and  dog  racing  meetings 
conducted  under  pari-mutuel  system  of  wagering). 

Wakefield,  town  of  (see  Cities  and  towns). 

Walpole,  town  of  (see  Cities  and  towns). 

Walsh,  Henry  C,  acts  as  a  justice  of  the  peace  and  as  a  notary 
public  validated  .....        Resolve 

Walter  E.  Fernald  state  school,  appropriations  .... 

Ward  committees  (see  Elections,  political  committees). 
Wardens  (see  Fish  and  fisheries;   Forests  and  forestry;   Game  and 

inland  fisheries). 
Wards,  insane  and  spendthrift,  burial  of  certain,  payment  of  charges 

and  expenses  of,  further  regulated  .... 

See  also  Guardians  and  conservators. 
Wareham,  town  of  (see  Cities  and  towns). 
Warehousemen,  bonded,  having  possession  of  cigarettes,  reports 

from,   commissioner  of  corporations  and  taxation  may 

require        ......... 

Warehouses,    public,    tangible   personal   property  in   storage   in, 

exemption  from  local  taxation        ..... 
War  of  1812,  The  Society  of  the,  in  the  Commonwealth  of 

Massachusetts   (Incorporated),    (see   The   Society  of 

the  War  of  1812  in  the  Commonwealth  of  Massachusetts 

(Incorporated) ) . 
Warrants,  governor,  issued  by,  service  by  certain  special  state  police 

officers        ......... 

search  (see  Search  warrants). 


Wars,  expenses  on  account  of,  appropriations 


See  also  Civil  war  veterans;    Military  and  naval  service  of  the 
United  States;    Soldiers,  sailors  and  marines;    Spanish- 
American  war;  Veterans;  World  war. 
War  veterans  (see  Veterans). 

Warwick  state  forest,  leasing  to  United  States  for  national  de- 
fense purposes  of  certain  property  within  limits  of  . 
Water  companies,  metropolitan  system  of  water  works,  furnishing 
of  water  from,  to  certain       .  .  .  .  .  . 

real  estate,  acquisition  and  holding  by     . 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 
Water  districts  (see  Districts). 
Waterfowl  (see  Game  and  inland  fisheries). 

Waterfront  properties,   Boston,  city  of,  in,  acquisition  by  state 
department  of  public  works,  construction  of  pier  thereon, 
etc.    .......... 

Water,  hot,  tanks,  marking,  construction  and  installation  of,  regu- 
lated ......... 

WATERS   AND    WATERWAYS: 
in  general: 

Atlantic  seaboard,  marine  fisheries  along,  certain  interstate 
compact  relative  to,  approval,  ratification,  etc.     . 
appropriation      ........ 

basin : 

Charles  river  (see- Charles  River  basin). 
brooks  and  streams : 

clearance  of,  etc.,  appropriations  ..... 

channels : 

Boston  harbor,  in,  dredging  of,  investigation  relative  to  Resolve 
Chatham  harbor,  into,  dredging,  etc.    ..... 

Tashmoo  pond  in  town  of  Tisbury,  to,  from  Vineyard  sound, 
construction  of,  etc.     ....... 


Chap. 
651 

419 

}419{ 
419 


14 
419 


241 


417 

482 


70 

419 

683 
730 


63 


727 
275 


714 
728 


618 


Item  or 
Section. 

2 
1601-73 
1601-71, 
1601-72 

Page  478 


1724-00  to 
1724-23 


0441-01  to 

0441-02; 

Page  478 

0441-03, 

0441-08 

0441-09 


1 

1,2 


1-3 
3 


1-4 


489 
683 

1-5 
1004-90 

419 
730 

2923-72 
Page  1170 

6 
516 

1,2 

565 

1,2 

1566  Index. 

Item  or 
Chap.  Seotion. 

WATERS  AND   WATERWAYS  —  Continued. 
creek: 

Menemsha,  Chilmark  and  Gay  Head,  towns  of,  in,  improve-  |      9  1,  2 

ments  in,  contributions  to  cost  of,  by  said  towns  .  \    11  1,2 

state  re-appropriation  .  .  .  .  .  .419  Page  474 

harbors  and  bays : 

Boston  harbor,   areas,   certain,  in,  jurisdiction  over,  ceding 
to  United  States  for  purpose  of  extending  limits  of  navy 
dry  dock     .  .  .  .  .  .535  1-3 

dredging  of  channels  in,  investigation  relative  to       Resolve         6 
extension  of  piers  in,  from  Boston  Navy  Yard  by  United 

States  beyond  certain  line  of  jurisdiction         ...       12  1-3 

land  and  islands,  certain,  in,  city  of  Boston  authorized  to 
transfer  certain  interests  in,  in  connection  with  turning- 
over  of  Boston  airport  to  commonwealth         .  .     695  10 
land,  certain,  in,  ceding  to  United  States  of  jurisdiction 
over,   for  purpose   of  extending  shipbuilding  dock  and 
service  pier          ........     659                     1-3 

See  also  Metropolitan  Districts,  sewer  districts. 

Chatham  harbor,  channel  into,  dredging,  etc.  .  .     516  1, 2 

Cohasset   harbor,    improvement   by   commonwealth,   federal 

government  and  town  of  Cohasset  .  .        Resolve       86 

Duxbury   bay,   taking  of  certain   herring  or   alewives  from  f  172 

waters  of ,  prohibited \  598     1,  Subs.  97A 

Gloucester  harbor,  fish  pier  in,  dredging  at   .          .          .          .     580  1, 2 

appropriation 683  2220-17 

Hingham  bay,  tide  waters  of.  United  States  authorized  to 

construct  a  bridge  without  a  draw  over  .  .  .     632  1, 2 

Kingston   bay,   taking   of  certain  herring  or  alewives  from  f  172 

waters  of,  prohibited    .  .  .  .  .  .  .  \  598     1 ,  Subs.  97A 

Marshfield  harbor,  shores  in,  protection  of    .  .  .  .     449  1-3 

Newburyport  harbor,  improvement  by  commonwealth,  federal 

government  and  city  of  Newburyport  .        Resolve       86 

Onset  harbor  in  town  of  Wareham,  dredging  of,  borrowing  of 

money  by  said  town,  for  share  of  cost  of         .  .  .168  1,2 

Plymouth,  bay,  taking  of  certain  herring  or  alewives  from  ('172 

certain  waters  of,  prohibited  .  .  .  .  \  598     1,  Subs.  97A 

harbor,  improvement  of,  borrowing  of  money  by  town  of  J    64  1,2 

Plymouth  for \  513  1,2 

commonwealth,  federal  government  and  town  of  Plym- 
outh, by      .....  .        Resolve      86 

taking  of  certain  herring  or  alewives  from  waters  of,  pro-  /  172 

hibited  .  .  .• \  598     1,  Subs.  97A 

Stage  harbor,  improvement  by  commonwealth,  federal  gov- 
ernment and  town  of  Chatham      .  .  .        Resolve       86 

Wellfleet   harbor,    improvement    by    commonwealth,    federal 

government  and  town  of  Wellfleet  .  .        Resolve       86 

inland  waters: 

pollution  and  contamination  of  tidal  waters  and,  prevention 

by  department  of  public  health     .....     388 
ponds  and  lakes: 

artificial  ponds  flowed  with  coastal  waters,  use  for  cultivating 
and  maintaining  fish,  regulation  of  ...  . 

Big  Homers  pond  in  town  of  West  Tisbury,  taking  of  fish  from, 
except  by  fly  fishing,  penalized      ..... 

Boone,  Lake,  in  towns  of  Stow  and  Hudson,  special  commis- 
sion to  regulate  use  of  waters  of    . 

Center  pond  in  town  of  Becket,  public  access  to,  establish- 
ment of  right  of  way  for,  by  county  of  Berkshire 

Ell  pond  in  city  of  Melrose,  protection  of  shores  and  improve- 
ment of  land  adjacent  thereto,  borrowing  of  money  for, 
by  said  city  ........ 

great  ponds,  defined,  etc.,  ....... 

pollution  and  contamination  of,  prevention  by  department  of. 
public  health       ........ 

Quannapowitt,  Lake,  drainage  of  low  lands  in  town  of  Read- 
ing adjacent  to,  payment  of  estimated  cost  of 

Smooth  pond  in  city  of  Chicopee,  ceding  to  United  States  of 
jurisdiction  over  ....... 

Trapp  pond  in  towns  of  Edgartown  and  Oak  Bluffs,  land  near, 
acquisition  by  commonwealth  for  public  beach,  investi- 
gation relative  to  ....  .        Resolve       44 


598 

1,  Subs.  28 

157 

1,2 

712 

1-11 

263 

1-5 

425 
599 

1.2 
2,  Subs.  1,34 

388 

62 

1,2 

603 

1.2 

Index. 


1567 


Chap. 


Concluded. 


572 

683 


727 
730 


86 


WATERS   AND   WATERWAYS 
reservoirs : 

East  Otis,  in  town  of  Otis,  outlet  and  spillway  of,  screening  by 
department  of  conservation         ..... 

appropriation       ........ 

Quabbin,  not  to  be  considered  as  distributing  reservoir  of  met- 
ropolitan water  district  for  purpose  of  furnishing  addi- 
tional cities  and  towns  with  water  .... 

service  of  metropolitan  district  police  at,  cost  of,  appropria- 
tion   .......... 

water  supply  from,  use  by  additional  municipalities,  inves- 
tigation relative  to        ....  .     Resolves  45, 91 

Wachusett,  not  to  be  considered  as  distributing  reservoir  of 
metropolitan  water  district  for  purpose  of  furnishing  ad- 
ditional cities  and  towns  with  water       ....     727 

water  supply  from,  for  town  of  Boylston   ....     651 

rivers : 

Annisquam,   bridge,   high  level,   over,  in   city  of  Gloucester,  (  613 
construction  of    .  .  .  .  .  .  .  .  \  660 

improvement  by  commonwealth,   federal  government  and 
city  of  Gloucester         .....        Resolve 

Charles,  beach  bordering,  in  town  of  Watertown,  designated 
as  Clarence  W.  Dealtry  Memorial  Beach 
pollution  of,  further  prevention  of     . 
storm  overflow  conduits  on  sides  of,  construction,  etc. 
watershed   of,    water   diverted   from,    not   to   be   included 
in  determining  water  supply  sources  of  cities  and  towns 
requesting   water   supply  from  metropolitan  water  dis- 
trict .......... 

Charles  river  basin  (see  Charles  river  basin). 
Deerfield,  establishment  of  restricted  areas  in,  for  breeding  of 
trout  ......... 

Ipswich,    water,    taking    from,    by    Lynn,    Peabody,    Salem, 
Beverly  and  Danvers  for  emergency  purposes,  time  ex- 
tended        ......... 

Little,  an  estuary  of  Saugus  river,  parkway  in  tidal  waters  of, 
construction  by  city  of  Lynn  ..... 

Millers,  establishment  of  restricted  areas  in,  for  breeding  of 
trout  ......... 

Mystic,  bridge  over,  between  cities  of  Boston  and  Chelsea, 
laying   out   and   construction    of,    investigation   relative 
to       .......  .        Resolve 

Nashua,  south  branch  of,  Wachusett  reservoir  on,  water  sup- 
ply from,  for  town  of  Boylston       ..... 

North,  in  Plymouth  county,  sweep  seines,  law  prohibiting  use 
of,  not  to  apply  to  taking  of  smelt  from  .... 

Saugus,  Little  river,  an  estuary  of,  parkway  in  tidal  waters  of, 
construction  by  city  of  Lynn  ..... 

tide  waters  of,   extension  of  structures  of  Defense  Plant 
Corporation  into,  authorized  ..... 

Shawsheen,  dikes  and  pumping  equipment  on  North  Andover 

side  of,  construction,  etc.,  of,  survey  as  to  Resolve 

Taunton  Great,  sweep  seines,  law  prohibiting  use  of,  not  to 

apply  to  taking  of  smelt  from         ..... 

Taunton,  improvement  of  certain  part  of,  re-appropriation 
Weymouth   Back,    improvement    by   commonwealth,    federal 
government  and  town  of  Weymouth       .  .        Resolve 

tidal  waters : 

pollution  and  contamination  of  inland  waters  and,   preven- 
tion by  department  of  public  health        .... 

See  also  Fish  and  fisheries;    Game  and  inland  fisheries. 
WATER   SUPPLY: 

Amherst  Water  Company,  water  supply  of,  and  purchase  and 

operation  of  property  of,  by  town  of  Amherst 
Arlington,  land,  certain,  in,  acquisition  of  by  metropolitan  dis- 
trict commission  for  water  supply  purposes 
Auburn  water  district,  establishment,  etc. 
Avon,  for,  by  Stoughton  .... 

Beverly,  Ipswich  river,  from,  time  extended 

Billerica.  certain  inhabitants  of,  for,  by  Bedford 

borrowings  by  cities  and  towns  outside  debt  limit  for  purpose  of 

developing  additional  sources  of    .  .  .  .  .83 


It«m  or 
Section. 


1002-52 

2 

8902-25 


32 

1.2 

353 

720 

1 

727 


599 


197 
262 


599 


30 
651 


599 
262 


717 
35 


599 
419 


388 


321 


2,  Subs.  14 

1,2 

2,  Subs.  14 


2,  Subs.  42 
1,2 


2,  Subs.  42 
Page  474 


l-€ 


.  464 

.  570 

1-15 

.  705 

1-3 

.  197 

.  668 

1.2 

1568 


Index. 


Chap. 


WATER   SUPPLY  —  Concluded. 

Boylston  and  its  inhabitants,  for     ...... 

Bristol  county  agricultural  school,  for,  from  sources  in  Berkley 
and  Dighton         ........ 

Charlton  water  district,  establishment,  etc.       .... 

Danvers,  Ipswich  river,  from,  time  extended     .... 
state  hospital,  sale  of  water  to,  by  Danvers,  investigation  rela- 
tive to         ......  .        Resolve 

development  and  use  by  cities  and  towns  of  sources  of,  within 
their  own  limits  ........ 

Dracut  water  supply  district,  additional  water  supply  sources 
for      .......... 

Hartford,  Connecticut,  water  bureau  of  metropolitan  district  of, 
lands  held  by,  in  Tolland  and  Granville  for,  payments  in 
lieu  of  taxes  on,  regulation  of  ....  . 

liens  for  and  collection  of  water  rates  and  charges,  further  regu- 
lated ........ 

Lowell,  by,  for  certain  inhabitants  of  Tewksbury 

Lynn,  Ipswich  river,  from,  time  extended 

Lynnfield  Center  water  district,  additional  water  loan 

metropolitan  water  district,  certain  cities  and  towns  within,  etc 
for     ......... 

Montague  Center  fire  district,  for    ..... 

Newbury  and  its  inhabitants,  for    ..... 

North  Reading  state  sanatorium,  acquisition  of  additional 
sources  for  ....... 

Peabody,  Ipswich-  river,  from,  time  extended    . 

Quabbin  reservoir,  from,  for  additional  municipalities,  investi 

gation  relative  to  .....     Resolves  45,  91 


651 

392 
568 
197 

S3 

465 

521 


498 

380 
500 
197 
471 

727 
728 
431 
636 

674 
197 


Salem,  Ipswich  river,  from,  time  extended 

Saugus,  for,  by  metropolitan  district  commission 

Scituate  Water  Company,  maintenance,  etc.,  raising  by  taxa- 
tion money  for,  by  town  of  Scituate 

Southborough,  taking  of  water  by,  from  pressure  aqueduct  and 
tunnel  of  metropolitan  water  system 

Southwick,  water  from  within,  taking  and  holding  of,  by  West 
Springfield  ..... 

Sudbury  water  district,  additional  water  loan  . 

Tewksbury,  certain  inhabitants  of,  for,  by  Lowell 

well  fields,  additional,  for,  development  of,  borrowings  by  cities 
and  towns  outside  debt  limit  for    . 

West   Springfield,    water   from    within    Southwick,    taking   and 
holding  of,  by      . 

WilUamstown  Water  Company,  water  supply  for  and  purchase 
of  by  Williamstown      ..... 

Watertown,  town  of  (see  Cities  and  towns). 

Ways,  in  general,  construction  of,  material  for,  weighing  of 

intersections   of,   military   convoy   vehicles  permitted   to   be 
driven  through,  contrary  to  traffic  signs  or  signals  thereat 
in  certain  cases    ........ 

vehicles,   removal   from,   when   such   vehicles  interfere  with 
removal  of  snow  and  ice        ...... 

public,  crossings  of  railroads  and,  alteration  of,  taking  of  property 

for  .  .■      .  .  ■  •        .  • 

railroads  for  private  use,  in  case  of,  applicability  of  certain 

laws  to        .  .  .  .  •  •  ■ 

"highway  projects,  local,  payment  by  commonwealth  to  cities 

and  towns  of  portion  of  Highway  Fund  to  be  expended  for 

reserved  spaces  on,  for,  street  railways,  rights  of  pedestrians 

on,  relative  to      .  .  .  • 

slope  easements,   so   called,  in  connection  with,   granting  of 
certain    powers    to    department    of    public    works    with 
respect  to   .  .  .  .  .  .  •  ■ 

state  highways,  construction  of  railroads  across,  relative  to    . 
hunting  of  birds  or  mammals  on  or  near,  penalized 
improvements  of  certain,  investigation  relative  to     Resolve 
proposed,  investigation  relative  to  certain  .        Resolve 

vehicles,  removal  from,  when  such  vehicles  interfere  with 
removal  of  snow  and  ice        ...... 

use  of,  interstate  transportation  of  property  by  motor  vehicle, 
etc.,  for,  investigation  relative  to  .  .  .        Resolve 

motor  vehicles  and  trailers,  certain,  by,  during  present  na- 
tional emergency  ....... 


197 
566 


644 


318 
346 


233 
273 


420 
533 


519 

496 

599 

75 


346 
54 


589 


Item  or 
Section. 


1-10 


1-7 
1-14 


1.2 
1,2 


1-7 
1-4 

1.2 

1-7 

5 

1-13 
1-10 

1.2 


1-3 


1-4 


408 
127 
500 

1.2 
1,2 
1-4 

S3 

408 

1.2 

606 

1-8 

155 

1-4 

1,2 

4 
1,  2 


1.2 
2,  Subs.  85 


Index. 


1569 


Ways  —  Concluded. 

public  —  Concluded. 
use  of  —  Concluded. 

pipe  lines  for  conveying  petroleum  and  petroleum  products, 
for  location  of,  relative  to    . 
See  also  Boulevards  and  parkways;    Motor  vehicles. 
Wayward  children,  probation,  placing  on,  of,  by  superior  court, 
relative  to  ........ 

Weapons  (see  Firearms). 
Webster,  town  of  (see  Cities  and  towns). 
Weighing  devices  (see  Weights  and  measures). 
WEIGHTS   AND   MEASURES: 

cartons,  paper  or  fibre,  used  in  sale  of  certain  commodities  by 
measure,  further  regulated    ...... 

road  construction,  material  for,  weighing  of      . 
scales  and  other  weighing  devices  used  in  weighing  food  sold  at 
retail  by  weight,  location  of  ..... 

sealers  of,  road  construction,  material  for,  weighing  of,  powers 
and  duties  as  to  ....... 

Welfare,  public  (see  Public  welfare). 

department  of  (see  Public  welfare,  department  of), 
local  boards  of  (see  Public  welfare,  local  boards  of). 
Wellesley,  town  of  (see  Cities  and  towns). 

Wellfleet,  harbor,  improvement  by  commonwealth,  federal  govern- 
ment and  town  of  Wellfleet  .  .  .        Resolve 
town  of  (see  Cities  and  towns). 
Wells  (see  W^ater  supply). 

Westborough  state  hospital,  appropriations        .... 

Westfleld,  city  of  (see  Cities  and  towns). 

state  sanatorium,  appropriations     ...... 

state  teachers  college,  appropriations 

Westover  Field  Army  Air  Base,  Slabbery  pond  and  Smooth  pond 
at,  ceding  to  United  States  of  jurisdiction  over 

West  Parish  Society  of  Salisbury,  property,  certain,  of,  convey- 
ance to  The  Society  for  the  Preservation  of  New  England 
Antiquities,  by    . 

West  Springfield,  town  of  (see  Cities  and  towns). 

West  Tisbury,  town  of  (see  Cities  and  towns). 

Weymouth,   Back  river,  improvement  by  commonwealth,  federal 

government  and  town  of  Weymouth       .  Resolve 

Landing,    so    called,    highway    as    by-pass    of,  construction    of, 

in     Braintree     and     Weymouth,     investigation     relative 

to       .......  .        Resolve 

town  of  (see  Cities  and  towns). 

Wharfage  charges,  Port  of  Boston,  at,  investigation  relative  to, 
etc.    ........        Resolve 

Wheelock  School,  trustees  of,  degree  of  bachelor  of  science  in  edu- 
cation, granting  by,  authorized      ..... 

White,  George  Robert,  will  of,  park  land,  certain,  transfer  by  park 
department  of  city  of  Boston  to  trustees  under 

White  pine  blister  rust,  suppression  of,  appropriation 

Wild  birds  (see  Game  and  inland  fisheries). 

Wildcats  (see  Game  and  inland  fisheries). 

Wildlife  research  and  management,  division  of  (see  Conserva- 
tion, department  of). 

Wild  life  sanctuaries,  etc.  (see  Game  and  inland  fisheries). 

Williams  College,  President  and  Trustees  of,  real  and  personal 
property,  additional,  holding  by    . 

Williamstown,  town  of  (see  Cities  and  towns). 

Water  Company,  water  supply  for  and  purchase  of  property  of, 
by  town  of  Williamstown      ...... 

Wills,  property,  certain,  disposed  of  under,  in  certain  cases  of  fraud, 

etc.,  investigation  relative  to,  by  judicial  council     Resolve 

simultaneous   deaths,   effect  of,   upon   distribution   of  property 

under  ......... 

Wilson,  John  W.,  estate  of,  balance  of,  which  has  escheated  to 
commonwealth,  payment  from  state  treasury  of     Resolve 


Chap. 

678 
264 


59 
155 


60 
155 


Item  or 
Section. 


1.2 
1 

1-4 
1-4 


86 


419 


419 

419 

622 

683 


603 
238 

86 

26 

57 

265 

585 
419 


1720-00  to 
1720-23 

2025-00, 
2025-21 

1314-00, 

1314-21 

1,  2 

1314-21 

1,  2 


1-3 


1-3 

0909-11 


340 

1,2 

606 

1-8 

18 

549 

1.2 

79 

1570 


Index. 


Winchester,  town  of  (see  Cities  and  towns). 

Wines  (see  Alcoholic  beverages). 

Winslow  Bros.  &  Smith  Co.,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
for  highway  purposes  .....        Resolve 

Winthrop,  shore,  protection  at,  cost  of  certain  repairs  for,  appro- 
priations    .  .  .  .  .  ... 

town  of  (see  Cities  and  towns). 
Wires,  Boston,  city  of,  in,  removal  or  placing  underground  of  certain, 
further  providing  for    ....... 

Brookline,  town  of,  in,  regulation  and  supervision  of 
Cambridge,  city  of,  in,  placed  under  control  of  building  depart- 
ment of  said  city  ....... 

Witnesses,  architects,  board  of  registration  of,  before 

cigarette  tax,  enforcement  of,  hearings  in  connection  with,  at 

employment  security  law,  claims  under,  etc.,  with  respect  to 

engineers  and  land  surveyors,  professional,  board  of  registration 
of,  before    ......... 

general  court,  before,  fees,  appropriation  .... 

inquests  in  cases  of  death  involving  motor  vehicles  carrying  pas- 
sengers for  hire,  at,  fees  may  be  refused  certain 

insurance,  commissioner,  before,  in  matters  relating  to  certain 
medical  service  corporations  ..... 

milk  control  board,  before       ....... 

Women,  hours  of  labor  of,  hospitals,  in  .  .  .  . 

mercantile  establishments,  hotels,  private  clubs  and  amuse- 
ment places,  in    . 

reformatory  for  (see  Reformatory  for  women). 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of,  in 
textile  industry,  suspension  until  April  1,  1943 
Woodcock  (see  Game  and  inland  fisheries). 

Worcester,  Art  Museum,  real  and  personal  property,  additional, 
holding  by  ........ 

city  of  (see  Cities  and  towns). 

Polytechnic  Institute,  real  and  personal  estate,  additional  hold- 
ing by         

state  hospital,  appropriations  ...... 

Duggan,  Anne  C,  who  died  while  on  duty  at,  payment  by 
commonwealth  of  sum  of  money  to  mother  of       Resolve 

state  teachers  college,  appropriations        .  .  .  .  . 

WORCESTER    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

Gardner,  city  of,  land,  certain,  in,  release  of  rights  in,  by  com- 
monwealth to      .....  .        Resolve 

Massachusetts  co-ordinate  system,  mainland  zone  of,  includes 
area  in        ........  . 

probate  court  of,  court  officer  for,  appointment,  etc.    . 

tax  levy        .......... 

WORDS   AND   PHRASES: 

adjuster  of  fire  losses,  term  more  fully  defined 

agricultural  carrier  by  motor  vehicle         ..... 

applicant,  in  connection  with  licensing  of  insurance  agents  and 
brokers       ......... 

apprentice    .  .  .  . 

architects,  registration  of,  under  law  pro^dding  for    . 

biennium,  state  fiscal,  etc.,  as  to      . 

elected  town  officer,  under  law  relative  to  military  or  naval 
service         ......... 

emplojonent  security  law,  under      ...... 

engineers  and  land  surveyors,  registration  of,  under  law  provid- 
ing for         ......... 

hairdressers,  registration  of,  under  law  further  regulating  . 

hairdressing,  regulation  of,  as  to      . 

heavy  duty  platform  trailer    ....... 

inland  fisheries,  birds  and  mammals,  under  acts  revising  laws 
relative  to  ........ 


Chap. 


59 

419  ( 
730  ' 


110 
555 

208 
696 

417 

685 


Item  or 
Section. 


2937-13, 
2937-14 
2937-13 


1-3 
1-6 


/l,Subs.44C; 

I  2,  Subs.  60H 

13 

1,  Subs.  43 


643  2,  Subs.  81M 
419     0102-14 


499 

334 
691  2. 
610 

574 


154 


Subs.  10 

Subs.  16,  18 

1-3 


149 


239 
419  1 

1721-00  to 
1721-25 

63 
419  1 

1315-00  to 
1315-32 

/52S 
1680 

1 
1-4 

42 

47 

226 

/528 

1680 

1.2 

1 
3 

286 
704 

1 

493 

707     2 
696     2 
509 

Subs.  IIH 

,  Subs.  60A 

1.2 

708 
685 

12 
1,  Subs.  1 

643  2,  Subs.  81 A 

626  1, 2 

626  1 

30 

/  599  2,  Subs.  1 

1 663  1-3 


Index. 


1571 


Item  or 
Chap.  Section. 

WORDS   AND   PHRASES  —  Concluded. 

marine  fish  and  fisheries,  under  act  amending  laws  relative  to  .     598    1,  Subs.  1,  84 

Massachusetts  co-ordinate  system  ......       47 

meals  tax,  so  called,  under  law  providing  for    ....     729        17,  Subs.  1 

milk  control  law,  under  .......     691  2,  Subs.  1 

motor  vehicles  transporting  property  for  hire,  under  law  further 

regulating  .  .  .  .  .  .  .  .  .     653  2, 3 

personal  injury,  under  workmen's  comf)en3ation  law  .  .     437 

private  trade  schools      ........     583     2,  Subs.  21A 

salary,  under  teachers'  retirement  law      .....     671  1 

special  hall  ..........     694 

unfair  cigarette  sales  act,  so  called,  under  ....     715  2 

wines,  under  alcoholic  beverages  law        .....     637  1 

Work  (see  Labor) . 
WORKMEN'S    COMPENSATION: 

amount         .........     624 

burial  expenses  in  fatal  injury  cases,  amount  of  payment  of, 

further  regulated  .......     495 

civil  service,  classified,  separation  from,  in  case  of  injuries  on 
account  of  which  workmen's  compensation  is  paid,  fur- 
ther regulated      ........     136 

commonwealth,  employees  of,  payment  of  wages  or  salaries  to, 
in  certain  cases  where  compensation  for  total  incapacity 
is  payable  .........     614 

compensation,  total  incapacity,  for,  minimum  and  maximum  for, 

increased    .........     624 

weekly,  minimum  and  maximum  amounts  of,  increased  .     624 

county  employees,  payment  of  wages  or  salaries  to,  in  certain 
cases  where  compensation  for  total  incapacity  is  pay- 
able .  .  .  .  .  .  .  .  .  .614 

diseases,  infectious  or  contagious,  term  "personal  injury"  as 
used  in  workmen's  compensation  law  to  include,  in  cer- 
tain cases   .........     437 

districts,  employees  of,  payment  of  wages  or  salaries  to,  in  cer- 
tain cases  where  compensation  for  total  incapacity  is 
payable       .........     614 

employers,  notices,  posting  by  certain,  not  covering  their  em- 
ployees by  insurance  for        .  .  .  .  .  .410 

incapacity,  total,  minimum  and  maximum  compensation  for, 

increased    .........     624 

medical  ser-vice  corporations,  certain,  not  to  be  liable  for  cost  of 
certain  medical  services  under  any  workmen's  compen- 
sation law  .........     306 

municipal  employees,  payment  of  wages  or  salaries  to,  in  certain 
cases  where  compensation  for  total  incapacity  is  pay- 
able   614 

notices,  posting  by  certain  employers  not  covering  their  em- 
ployees by  insurance  for  .  .  .  .  .410 

pensions  of  certain  public  employees,  offsetting  against,  of,  and 
prosecution  of  claims  for  such  compensation  in  certain 
cases  .........     379 

"personal  injury",  term,  as  used  in  workmen's  compensation 
law  to  include  infectious  or  contagious  diseases  in  certain 
cases  .........     437 

retirement  systems,  certain,  pensions  under,  offsetting  against, 
of,  and  prosecution  of  claims  for  such  compensation  in 
certain  cases        ........     379 

state  fund  for,  initiative  pietition  relative  to      . 

waiver  by  certain  employees  of  their  rights  to,  extension  of  time 

for 378 

See  also  Industrial  accidents,  department  of. 
Workshops,  commencement  or  change  of  location  of  certain,  notice 

of,  required  ........     642 

World  war,  payments,  certain,  to  soldiers  in  recognition  of  service 

during,  appropriation  .  .  .  .  .  .  .419 

testimonials  to  soldiers  and  sailors  of,  appropriation  .  .419 

veterans  of,  bonus  to  (see  Soldiers'  bonus). 

See  also  Soldiers,  sailors  and  marines;   Veterans. 
World  War  Memorial  park,  flats  appurtenant  to,  city  of  Boston 
authorized  to  transfer  certain  interest  in,  in  connection 
with  turning-over  of  Boston  airport  to  commonwealth     .     695 
Worthington,  town  of  (see  Cities  and  towns). 


Subs.  14 


1-12 


1-12 
Page  1233 


0603-01 
0411-01 


10 


1572 


Index. 


Wrentham,  Cemetery  Corporation,  extending  time  for  acceptance 
of  act  authorizing  town  of  Wrentham  to  receive  and  ad- 
minister the  property  of        .....  . 

state  school,  appropriations    ....... 

town  of  (see  Cities  and  towns). 


Chap. 

80 
419  ^ 
683 


Item  or 
Section. 


1725-00, 
1725-25 
1725-00 


Y, 

Yankee  Division,  Highway,  highway  known  as  Route  128  desig- 
nated as     ........  . 

Veterans'  Association,  national  convention  of,  in  1942,  in  city  of 

Springfield,  representation  of  commonwealth  at      Resolve 

Young  people,  educational  and  employment  problems  affecting, 

study  relative  to,  complete  report  of,  printing  and  sale 

of       .......  .        Resolve 

appropriation  ........ 

employment   problems   of,   etc.,   appointment   of   occupational 
guidance  and  placement  directors  in  towns  to  consider, 
etc.    .......... 

Massachusetts  board  for  the  promotion  of  opportunities  for, 
establishment,  powers,  duties,  etc.  .... 


360 

81 


22 
683 

1301-24 

676 

2 

646 

1-4 

z. 

Zones,  buildings,  etc.,  for,  appeal,  right  of,  to  boards  of  appeal  under 

laws  relating  to,  extended     ......     198 

Boston  zoning  law,  so  called,  amendments  to  .  .  .     373 

ordinances  and  by-laws  relating  to,  adoption  and  amendment 

of,  upon  failure  of  planning  boards,   zoning  boards  or 

selectmen  to  file  certain  reports  in  relation  thereto  .  .     320 

effect  of,  on  certain  permits  .  .  .176 

Massachusetts  co-ordinate  system,  so  called,  of  .  .  .47 


1-3 
1-23 


INDEX 

SPECIAL  SESSION,  JANUARY,   1942 


A. 

Academy,    Massachusetts    maritime,    name    of    Massachusetts 

nautical  school  changed  to    . 
Accounts,    director   of    (see   Corporations   and   taxation,    depart- 
ment of). 
ADMINISTRATION   AND   FINANCE,   COMMISSION   ON: 
in  general,  emergency  expenditures,  divers,  of  commonwealth 

necessitated  by  existing  state  of  war,  powers  as  to  . 
comptroller,  salaries  of  certain  state  officers  and  employees,  tem- 
porary increase  of,  duties  as  to      .  .  .   '      . 
surplus  commodity  stamp  trust  fund,  establishment  of,  in 
state  treasury,  notes  to  be  issued  for,  duties  as  to    . 
personnel   and  standardization,   di\asion  of,   salaries  of  certain 
state  officers  and  employees,  temporary  increase  of,  duties 
as  to            ........ 

Air  raid  alarms,  stealing,  attempted  stealing,  etc.,  of  property  dur- 
ing, p>enalized       ....... 

Appropriations,  cities  and  towns,  by  (see  Municipal  finance), 
counties,  for  maintenance  of  certain,  etc.  .  .  , 

emergency,  of  commonwealth,  necessitated  by  existing  state  of 
war,  pro\'iding  for         ...... 

See  also  State  finance. 
Army,  navy  and  marine  corps  of  the  United  States  (see  Mili 
tary  and  naval  service  of  the  United  States;    Soldiers 
sailors  and  marines). 
Automobile  tires,  stealing,  attempted  stealing,  etc.,  of,  during  cer- 
tain emergencies,  penalized  ..... 

Auxiliary  fire  departments  (see  Fire  departments). 


Chap. 
1 


18 


Item  or 
Section. 


1-9 


18 

1,3 

12 

3,4 

9 

2 

12 

3.4 

2 

1-^ 

3 
15 

1.2 
8.9 

1-5 


1-4 


B. 

Barnstable,  county  of  (see  Counties). 

Berkshire,  county  of  (see  Counties). 

Blackouts,  police  and  fire  forces,  etc.,  powers  and  duties  of,  during, 

regulated    .........        1.3 

stealing,  attempted  stealing,  etc.,  of  property  during,  penalized  .  2 

Bonds,  commonwealth,  of  (see  State  finance). 

United  States  defense  savings,  investments  in,   by  cities  and 

towns,  authorized  .......  4 

withholding   of   amounts   from   compensation   of   public  em- 

_  ployees  for  purchase  for  them  of,  act  authorizing     .  .  7 

Boston,  city  of  (see  Cities  and  towns). 
Bristol,  county  of  (see  Counties). 

Burials,  soldiers  and  sailors,  certain,  of,  and  their  dependents,  pay- 
ment of  expenses  of      .  .  .  .  .  .  .11 


6-7 
1-4 


c. 

Cambridge,  city  of  (see  Cities  and  towns). 
CITIES   AND   TOWNS: 
in  general: 

blackouts,  damages  sustained  to  person  or  property  during, 

liability  for,  of     .  .  .  .  .  .  .13 


1574 


Index  —  Special  Session,  1942. 


CITIES   AND   TOWNS  —  Concluded. 
in  general  —  Conchtded. 

borrow'ing  of  money  by,   defense   public  works  projects,   so 
called,  etc.,  co-operation  with  federal  government  in,  for, 
further  regulated  ....... 

ci\'ilian  defense,  funds  allocated  for,  expenditure  of,  by,  with- 
out appropriation,  relative  to  ....  . 

emergency  appropriations,  war  or  national  emergency,  in  time 
of,  by,  further  regulated        ...... 

funds  allocated  for  civilian  defense,  expenditure  of,  by,  with- 
out appropriation,  relative  to  ....  . 

state  aid  and  reimbursement: 

state  and  military  aid  for  certain  residents  of  commonwealth 
and  their  dependents,  pro%ading  for         .... 

state  and  military  aid,  soldiers'  relief,  etc.,  residents  of  com- 
monwealth in  military  or  naval  ser^^ce  of  United  Stat«s, 
for,  and  their  dependents,  providing  for,  by    . 
United  States,  contracts  with,  by,  for  use  and  occupation  of 
certain  municipal  property,  authorized  .... 

United    States    defense    savings    bonds,    investments   in,    by, 
authorized  .  .  .  .  .  ... 

cities : 

mayors  (see  Maj'brs). 

unemplojTnent  relief,  federal  projects  for,  borrowing  of  money 
on  account  of,  by,  further  regulated        .... 

towns : 

selectmen  (see  Selectmen). 
special  provisions  relative  to  particular  cities : 

Boston,  appropriations  in,  transfer  of,  further  regulated 

South  Boston  district  of,  acquisition  by  United  States  of 
certain  lands  in,  consent  of  commonwealth  to  .  . 

Veterans'  Administration  Facility  in,  acquisition  by  United 
States  of  certain  lands  for,  consent  of  commonwealth  to 
Cambridge,  city  manager,  former  employees  of  city,  tempo- 
rary re-employment  of,  approval  by        . 
City  and  town  treasurers,  United  States  defense  savings  bonds, 

investments  in,  by  cities  and  towns,  duties  as  to 
Civilian  defense,  funds  allocated  to  cities  and  towns  for,  expendi- 
ture of,  without  appropriation,  relative  to       . 
CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF: 
civil  service,  division  of,  director,  military  emergency,  powers 
and  duties  of,  during    ....... 

public   employees,    former,    temporary   re-employment   of, 
approval  bv  .......  . 

CIVIL   SERVICE   LAWS: 

military  emergency,  as  affecting  operation  of    . 
public  employees,  former,  re-employed  during  existing  state  of 
war,  status  under  ....... 

Commission  on  administration  and  finance   (see  Administra- 
tion and  finance,  commission  on). 
Committee  on  public  safety,  governor's  (see  Governor's  com- 
mittee on  public  safety). 
COMMONWEALTH : 

bonds,  notes,  etc.,  of  (see  State  finance). 

daylight  saving  time,  so  called,  establishment  of,  in,  to  coincide 

with  such  time  as  established  by  congress 
emergency  expenditures  of,  divers,  providing  for 
finances  of  (see  State  finance). 
ofBcers  and  employees  of,  former,  temporary  re-employment  of 
providing  for        ....... 

salaries  of  certain,  temporarily  increased        ... 
withholding  of  amounts  from  compensation  of,  for  purchase  of 
United  States  defense  sa\angs  bonds  for  such  emploj-ees 
act  authorizing    ....... 

safety  of,  during  existing  state  of  war,  act  providing  for    . 
United  States,  acquisition  by,  of  certain  lands  for  Veterans'  Ad- 
ministration Facility  in  city  of  Boston,  granting  of  con- 
sent to,  by  ........ 

of  certain  lands  in  South  Boston,  granting  of  consent  to,  by 
Comptroller  (see  Administration  and  finance,  commission  on). 
Conspiracy  to  steal,  rationed  property,  etc.,  during  certain  emer- 
gencies, penalized  ....... 


Chap. 

4 
4 
4 
4 

11 

11 
4 
4 


5 

18 


16 
12 


7 
13 


10 
14 


Item  or 
Section . 


2 
4 
2 
4 

7 

1-10 


4 

3 

14 

1-3 

10 

1-3 

16 

1 

4 

1 

4 

4 

13 

5 

16 

1 

13 

5 

16 

2 

1.2 
1-5 


1-3 

1-8 


1-12 


1-3 
1-3 


1-4 


Index  —  Special  Session,  1942. 


1575 


Corporations  and  taxation,  department  of,  director  of  division 
of  accounts  in,  duties  of,  as  to  temporary  increase  of 
salaries  of  certain  officers  and  employees  of  counties,  ex- 
cept Suffolk         ........ 

Cotton  order  stamps,  so  called,  acquisition  and  distribution  of, 
in  connection  with  surplus  commodity  stamp  trust  fund, 
relative  to  ........ 

Council  and  councillors  (see  Governor  and  council) . 
COUNTIES : 

highway  and  reserve  fund,  appropriations  for  certain,  changes  in, 
act  making  ........ 

officers  and  employees  of,  former,  temporary  re-employment  of, 
providing  for        ........ 

salaries   of   certain,    except    Suffolk   county,    temporarily   in- 
creased       ......... 

withholding  of  amounts  from  compensation  of,  for  purchase 
of   United    States   defense   savings   bonds   for   such   em- 
ployees, act  authorizing         ...... 

COUNTY   COMMISSIONERS: 

county  employees,   former,   temporary  re-employment  of,   ap- 
proval by   . 
salaries  of  certain  county  officers  and  employees,  except  Suffolk, 
temporary  increase  of,  powers  and  duties  as  to 
County  finance  (see  Counties) . 
County  officers  and  employees  (see  Counties) . 
County  personnel  board,  salaries  of  certain  officers  and  employees 
of  counties,  except  Suffolk  county,  temporary  increase  of, 
duties  as  to 
County  retirement  system  (see  Retirement  systems  and  pensions). 


hap. 

Item  or 

Section. 

15 

8 

9 
17 

1.2 

3 

1.2 

16 

1-3 

15 

1-9 

16 
15 


15 


1 

8 

4.6 


D. 

Daylight  saving  time,  so  called,  establishment  of,  in  common- 
wealth,  to   coincide   with  such  time   as  established   by 
congress      ......... 

Defense,   national    (see   National  emergency,  existing,  legislation 

pertaining  to). 
DEPARTMENTS,   STATE: 
See  specific  titles  as  follows: 

Civil  Ser-\-ice  and  Registration,  Department  of. 
Corporations  and  Taxation,  Department  of. 
Public  Health,  Department  of. 
Public  Welfare,  Department  of. 
Secretary,  State. 
Treasurer,  State. 
DISTRICTS: 

in  general,  emergency  appropriations,  war  or  national  emer- 
gency, in  time  of,  by,  authorized  .... 

employees  of,  withholding  of  amounts  from  compensation  of, 
for  purchase  of  United  States  defense  savings  bonds  for 
such  employees,  act  authorizing    .... 

officers  and  employees  of,  former  temporary  re-employment  of, 
providing  for        ....... 

officers,  elected,  of,  in  military  or  naval  service  of  United 

States,  filling  of  vacancies  of,  providing  for 
United    States   defense   savings   bonds,   investments  in,    by 
authorized  ....... 

water,  equipment  for,  requiring  the  providing  of  equipment  for 
during  present  state  of  war,  act  authorizing    . 
DIVISIONS,   STATE   DEPARTMENTS,   OF: 

See  Departments,  state;  and  specific  titles  as  follows: 

Accounts  (see  Corporations  and  Taxation,  Department  of). 
Civil   Service    (see   Civil   Service    and    Registration,    Depart- 
ment of). 
Dukes,  county  of  (see  Counties). 


16 


1.2 


1-3 
6 
1 


1576  Index  —  Special  Session,  1942. 


E. 


Item  or 
Chap.  Section. 


Emergency    Coniinission,    Massachusetts    (see    Massachusetts 

emergency  commission) . 
Emergency  expenditures,  divers,  of  commonwealth,  necessitated 

by  existing  state  of  war,  providing  for    .  .  .  .18  1-6 

EMERGENCY   FINANCE   BOARD: 

emergency  appropriations,  making  of,  by  cities  and  towns,  in 

time  of  war  or  national  emergency,  approval  by     .  .         4  2 

United  States  defense  savings  bonds  purchased  by  cities  and 

towns,  proceeds  from  sale  of,  use  of,  approval  by    .  .         4  1 

Employees,   commonwealth,   of   (see  Commonwealth,   officers  and 
employees  of). 
counties,  of  (see  Counties), 
districts,  of  (see  Districts). 

municipal  (see  Municipal  officers  and  employees). 
Equity  jurisdiction,  supreme  judicial  or  superior  courts,  of,  to  en- 
force orders  of  state  department  of  public  health  relative 
to  providing  equipment  for  public  water  supplies    .  .         8 

Essex,  county  of  (see  Counties). 

F. 

Federal  government  (see  United  States). 

Federal  Surplus  Commodity  Stamp  Plan,  so  called  (see  Surplus 

Commodity  Stamp  Plan,  so  called). 
Finance,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  Counties). 
Finance,  administration  and,  commission  on  (see  Administra- 
tion and  finance,  commission  on). 
Finance  board,  emergency  (see  Emergency  finance  board). 
FIRE   DEPARTMENTS: 

auxiliary  fire  departments,  borrowing  of  money  for,  in  time  of 
war  or  national  emergency    ...... 

military  emergency,  powers  of  regular  and  reserve  fire  forces  dur- 
ing, regulated      .  . 
Food  order  stamps,  so  called,  acquisition  and  distribution  of,  in 
connection  with  surplus  commodity  stamp  trust  fund, 
relative  to            ........ 

Franklin,  county  of  (see  Counties). 

G. 

GOVERNOR: 

powers  and  duties,  military  emergency,  act  providing  for  safety 

of  commonwealth  during,  under  .  .13  2, 3, 6 

surplus  commodity  stamp  trust  fund,  establishment  of,  in 

state  treasury,  notes  to  be  issued  for,  approval  by  .  .         9  2 

GOVERNOR  AND    COUNCIL: 

powers  and  duties,  emergency  expenditures,  divers,  necessitated 

by  existing  state  of  war,  act  pro\'iding  for,  as  to      .  18  1,  3,  4 

surplus  commodity  stamp  trust  fund,  establishment  of,  in 

state  treasury,  as  to     .  .  .  .  .  .  .9  1, 2 

Governor's  committee  on  public  safety,  powers  and  duties  of 

Massachusetts  emergency  commission  transferred  to,  etc.         6 


4 

5 

13 

6 

9 
17 

1.2 

H. 


Hampden,  county  of  (see  Counties). 
Hampshire,  county  of  (see  Counties). 


L. 

Larceny,  rationed  property,  of,  during  certain  emergencies,  penalized         2  1-4 


Index  —  Special  Session,  1942. 


1577 


M. 

Marines    (see   Military   and   naval   ser\'ice   of  the   United   States; 

Soldiers,  sailors  and  marines). 
Maritime  academy,  Massachusetts  (see  Massachusetts  maritime 

academy) . 
Marketing  Administration,  United  States  Department  of  Agri- 
culture,  of,   surplus   commodities  of,   creation  of  stamp 
trust  fund  in  connection  with  sale  of,  etc. 
Massachusetts,   emergency  commission,   terminated,   and   powers 
and  duties  thereof  transferred  to  governor's  committee 
on  public  safety  ...... 

maritime    academy,    name    of    Massachusetts    nautical    school 
changed  to  ....... 

nautical    school,    name    changed    to    Massachusetts    maritime 
academy     ........ 

MAYORS: 

city  employees,  former,  temporary  re-employment  of,  approval 

by 

United  States  defense  savings  bonds,  reinvestment  of  funds  in 
by  cities,  approval  by  ..... 

Middlesex,  cotinty  of  (see  Counties). 

Military,  aid  (see  State  aid,  military  aid  and  soldiers'  relief). 

and  naval  ser\'ice  of  the  United  States  (see  Military  and  naval 
ser%ace  of  the  United  States;    Soldiers,  sailors  and  ma- 
rines) . 
emergency,  divers  exE>enditures  of  commonwealth  necessitated 
by,  act  providing  for    ....... 

safety  of  commonwealth  in  time  of,  act  providing  for 
MILITARY     AND     NAVAL     SERVICE     OF     THE     UNITED 
STATES: 
elected  officers  of  districts  in,  filling  of  vacancies  of,  providing  for 
residents  of  commonwealth  in,  granting  of  state  and  military 
aid,   soldiers'   relief,   etc.,   to   certain,   and   to   their   de- 
pendents    ......... 

Motor  vehicle  tires,  stealing,  attempted  stealing,  etc.,  of,  during 
certain  emergencies,  penalized        .  .  .  :  . 

Municipal  finance : 

borrowing  of  money  outside  debt  limit,  soldiers'  benefits,  etc., 
to    certain    residents    of    commonwealth    and    their    de- 
pendents, for,  authorized       ...... 

MUNICIPAL   OFFICERS   AND   EMPLOYEES: 

in  general,  former,  temporary  re-employment  of,  providing  for  . 
withholding  of  amounts  from  compensation  of,  for  purchase 
of  United   States  defense   savings   bonds  for  such  em- 
ployees, act  authorizing         ...... 


Chap. 


9 
17 


6 
1 
1 

16 
4 


18 
13 


Item  or 
Section. 


1.2 


1-9 

1 
1 


1-5 
1-12 


11 

1-ia 

2 

1-4 

11 

8 

16 

1-3 

N. 

NATIONAL      EMERGENCY,      EXISTING,      LEGISLATION 
PERTAINING    TO: 

cities  and  towns,  contracts  with  United  States,  by,  for  use  or 
occupation  of  certain  municipal  property,  authorized 

daylight  saving  time,  so  called,  establishment  of,  in  common- 
wealth, to  coincide  with  such  time  as  established  by 
congress      ......... 

emergency  appropriations,  certain,  districts  authorized  to  bor- 
row for        ......... 

emergency  expenditures,  divers,  of  commonwealth,  providing  for 

military  emergency,  safety  of  commonwealth  in  time  of,  provid- 
ing for         ......... 

public  employees,  former,  temporary  re-employment  of,  provid- 
ing for         ......... 

public  water  supplies,  requiring  the  providing  of  equipment  for, 
during  present  state  of  war,  act  authorizing    . 

rationed  property,  stealing,  attempted  stealing,  etc.,  of,  penalized 

United  States  defense  savings  bonds,  investments  in,  by  cities 
and  towns,  authorized  ...... 

withholding  of  amounts  from  compensation  of  public  em- 
ployees for  purchase  for  them  of  such  bonds,  act  author- 
izing ......... 


1.2 


4 

18 

6 

1-5- 

13 

1-12 

16 

1-3^ 

8 

2 

1-4 

4 

'  1 

1578  Index  —  Special  Session,  1942. 


Item  or 
Chap.  Section. 

Nautical    school,    Massachusetts    (see    Massachusetts    nautical 

school). 
Naval  service  of  the  United  States  (see  Military  and  naval  service 

of  the  United  States;   Soldiers,  sailors  and  marines). 
Norfolk,  county  of  (see  Counties). 

P. 

Pensions  (see  Retirement  systems  and  pensions). 

Personnel  board,  county  (see  County  personnel  board). 

Plymouth,  county  of  (see  Counties). 

Police  officers,  regular,  reserve  and  auxiliary,  powers  and  duties  of, 

during  military  emergencies,  regulated  .  .  .  .13  6-7 

Property  (see  Rationed  property). 

Public  employees  (see  Commonwealth,  officers  and  employees  of; 
Counties,  officers  and  employees  of;  Districts,  officers 
and  employees  of;    Municipal  officers  and  employees). 

Public  health,  department  of,  public  water  supplies,  providing  of 

equipment  for,  by,  during  present  state  of  war        .  8 

Public  officers  (see  Commonwealth,  officers  and  employees  of; 
Counties,  officers  and  employees  of;  Districts,  officers 
and  employees  of;  Municipal  officers  and  employees). 

Public  safety,  governor's  committee  on,  powers  and  duties  of  Massa- 
chusetts emergency  commission  transferred  to,  etc.  ...  6 

Public  welfare,  department  of,  commissioner  of  public  welfare  in, 
food  order  stamps  and  cotton  order  stamps,  acquisition 
and  distribution  of,  powers  and  duties  as  to    ...  9  1 

R. 

Rationed  property,   stealing,  attempted  stealing,  etc.,  of,  during 

certain  emergencies,  penalized        .....  2  1-4- 

Registration,  civil  service  and,  department  of  (see  Civil  service 
and  registration,  department  of). 

Reserve  fire  forces  (see  Fire  departments). 

Reserve  police  forces  (see  Police  officers). 

RETIREMENT    SYSTEMS   AND   PENSIONS: 

retirement  systems,  contributory,  in  general,  pensions  and  rights 
under,  not  affected  by  act  providing  for  temporary  re- 
employment of  former  public  employees  ...  16  2 
commonwealth,  of,  pensions,  etc.,  payable  under,  amounts  of, 
not  affected  by  act  temporarily  increasing  salaries  of  cer- 
tain state  officers  and  employees  .....  12  6 
counties,  of,  pensions,  etc.,  payable  under,  amounts  of,  not 
affected  by  act  temporarily  increasing  salaries  of  officers 
and  employees  of  counties,  except  Suffolk       ...       15                         7 


s. 

Salaries,  county  officers  and  employees,  certain,  of,  except  in  Suf- 
folk county,  temporarily  increased  .15  1-9 
public  employees,  of,  withholding  of  amounts  from,  for  purchase 
of  United  States  defense  savings  bonds  for  such  employees, 
act  authorizing    ........          7 

state  officers  and  employees,  certain,  of,  temporarily  increa.sed  .        12  1-8 

School,  Massachusetts  nautical,  name  changed  to  Massachusetts 

maritime  academy        .......  1  1-9 

SECRETARY,   STATE: 

filing,  etc.,  of  instruments  with: 

Boston,  city  of,  certain  lands  in,  jurisdiction  over  which  is 
ceded    to    United    States    for   Veterans'    Administration 
Facility,  plan  of  .......        10  3 

emergency  powers  of  governor,  agency  or  person  directed  to 

exercise,  writing  designating  .....       13  3 

governor's  committee  on  public  safety,  executive  committee 

of,  list  of  members  of  .  .  .  .6 

South   Boston,    certain   lands  in,   jurisdiction   over   which   is 

ceded  to  United  States,  plans  of    .....       14  3 


Index  —  Special  Session,  1942.  1579 

Item  or 
Chap.  Section. 

SELECTMEN : 

town  employees,  former,  temporary  re-employment  of,  approval 

by 16  1 

United  States  defense  savings  bonds,  reinvestment  of  funds  in, 

by  towns,  approval  by  ......         4  1 

Soldiers  (see  Military  and  naval  service  of  the  United  States; 
Soldiers,  sailors  and  marines). 

Soldiers,  sailors  and  marines,  aid  for,  state  and  military,  etc., 

and  for  their  dependents,  providing  for  .  .  .11  1-10 

South  Boston,  acquisition  by  United  States  of  certain  lands  in, 

consent  of  commonwealth  to  .....        14  1—3 

Stamps  (see  Surplus  Commodity  Stamp  Plan,  so  called). 

Standard  time  (see  Daylight  saving  time,  so  called). 

State  aid  and  pensions,  commissioner  of,  powers  and  duties  of, 
as  to  granting  of  state  and  military  aid,  soldiers'  relief, 
etc.,  to  certain  residents  of  commonwealth  in  military  or 
naval  service  of  United  States,  and  to  their  dependents  .        11  5-7 

State  aid,  military  aid  and  soldiers'  relief,  residents  of  common- 
wealth, certain,  in  military  or  naval  ser\rice  of  United 
States,  granting  to,  and  to  their  dependents    .  .  .11  1-10 

STATE   FINANCE: 

bonds,  notes,  etc.,  issuance  of,  to  provide  funds  for  creation  of  f      9  2 

surplus  commodity  stamp  trust  fund  in  state  treasury     .  \    17 
emergency  expenditures,  divers,  necessitated  by  existing  state  of 

war,  providing  for         .  .  .  .  .  .  .18  1—5 

Stealing  (see  Larceny). 

Surplus  Commodity  Stamp  Plan,  so  called,  creation  of  stamp  /      9  1,  2 

plan  fund  in  state  treasury  in  connection  with  .  .  \    17 

T. 

Time  (see  Daylight  saving  time,  so  called). 

Tires,  motor  vehicles,  of,  stealing,  attempted  stealing,  etc.,  of,  dur- 
ing certain  emergencies,  penalized  ....         2  1-4 

Towns  (see  Cities  and  towns). 

Treasurers,  city  and  town  (see  City  and  town  treasurers). 

TREASURER,    STATE: 

compensation  of  state  employees,  withholding  from,  of  amounts 
for  purchase  for  such  employees  of  United  States  defense 
savings  bonds,  powers  and  duties  as  to             .  .  .7 

surplus  commodity  stamp  trust  fund,  creation  of,  in  department  /      9  1,  2 

of,  etc .  .   I    17 


u. 

Unemployment  relief,  federal  projects  for,  borrowing  of  money  on 

account  of,  by  cities,  further  regulated  ....         4  2 

UNITED    STATES: 

Boston,  city  of.  South  Boston  district  of,  lands,  certain,  in,  con- 
sent of  commonwealth  to  acquisition  of,  by    .  .  .        14  1-3 
Veterans'  Administration  Facility  in,  certain  lands  for,  con- 
sent of  commonwealth  to  acquisition  of,  by,  etc.      .           .        10  1—3 

cities  and  towns,  contracts  with,  by,  for  use  or  occupation  of  cer- 
tain municipal  property,  authorized        ....         4  7 

defense    savings   bonds,   investments   in,    by   cities   and   towns, 

authorized  ........  4  1 

withholding  of  amounts  from  compensation  of  public  em- 
ployees for  purchase  for  them  of  such  bonds,  act  author- 
izing .........         7 

military  and  naval  service  of  (see  Military  and  naval  service  of 
the  United  States;  Soldiers,  sailors  and  marines). 


V. 

Veterans'  Administration  Facility,  Boston,  city  of,  in,  acquisi- 
tion by  United  States  of  certain  lands  for,  consent  of 
commonwealth  to         .......       10  1—3 


1580  Index  —  Special  Session,  1942. 


W 

'  "^  •  Item  or 

Chap.  Section. 

War  (see  National  emergency,  existing,  legislation  pertaining  to). 
War  time,  so  called  (see  Daylight  saving  time,  so  called). 
Water  supply,  public,  equipment  for,  during  present  state  of  war, 

requiring  the  providing  of,  act  authorizing      ...  8 

Worcester,  county  of  (see  Counties).