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

ACTS 



RESOLVES 



PASSED BV THE 



(Scncriil Ojourt of ^assaxliufictts 



IN THE YEAR 



1943 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




BOSTON 

WRIGHT & POTTER PRINTING COMPANY 

1943 



STATE- LieRARY OF MASSACHUSETTS 

APR 1 1960 
gTATE HOUiE, aOSIQIi 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 
1943 



/ 



The General Court, which was chosen NoAember 3, 1942, 
assembled on Wednesday, the sixth day of January, 1943, 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 seventh day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



Chap. 



An Act relative to tpie placing on the ballot of cer- 
tain DESCRIPTIVE WORDS AGAINST THE NAMES OF CERTAIN 
CANDIDATES FOR ELECTION AS TOWN MEETING MEMBERS 
UNDER THE PROVISIONS OF THE SO CALLED STANDARD FORM 
OF REPRESENTATIVE TOWN MEETING GOVERNxMENT. 

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

Section 1. Chapter forty-three A of the General Laws o. l. (Ter. 
is hereby amended l3y striking out section six, as appearing f^-im^ed.' ^ ^' 
in the Tercentenary Edition, and inserting in place thereof 
the following : — Section 6. Nomination of candidates for Nominations, 
town meeting members to be elected under this chapter "^e'^"'^ °^' ^^'^■ 
shall be made by nomination papers, which shall bear no 
political designation, shall be signed by not less than ten 
voters of the precinct in which the candidate resides, and 
shall be filed with the town clerk at least ten days before the 
election; provided, that any town meeting member, includ- 
ing any town meeting member in office under the provisions 
of a special statute under which such town is operating 
immediately prior to the taking effect therein of the standard 
form of representative town meeting government provided 
by this chapter, may become a candidate for re-election by 
giving written notice thereof to the town clerk at least 
thirty days before the election. If a town meeting member 
is a candidate for re-election, the words "Candidate for 
Re-election" shall be printed against his name as it appears 
on the ballot for the election of town officers. No nomina- 
tion papers shall be valid in respect to any candidate whose 
written acceptance is not thereon or attached thereto when 
filed. 

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

Approved January 22, 1943. 

An Act authorizing the placing of the office of chief nhn^ o 
of police of the town of millbury under the civil ^' 

SERVICE laws. 

Be it enacted, etc., asfolloivs: 

Section 1. The office of chief of police of the town of 
Millbury shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of ofiice 
of any incumbent thereof shall be unlimited, subject, how- 



Acts, 1943. — Chaps. 3, 4. 

ever, 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 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 
election of town officers at said meeting: "Shall an act 
passed by the General Court in the year nineteen hundred 
and forty-three, entitled 'An Act authorizing the placing 
of the Office of Chief of Police of the Town of Millbury 
under the Civil Service Laws', be accepted?" If a majority 
of the votes in answer to said question is in the affirmative, 
then this act shall thereupon take full effect, but not other- 
wise. Approved January 28, 1943. 



Chap. 3 An Act making the effective periods of certain emer- 
gency ACTS PROVIDING FOR THE SAFETY OF THE COMMON- 
WEALTH CO-TERMINOUS. 

^reambie'"^ TF/iercas, The deferred operation of this act would tend 

to defeat its purpose, which is the continuing in effect with- 
out interruption of certain provisions of law providing for 
the safety 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 foUoivs: 

Chapter seven hundred and nineteen of the acts of nineteen 
hundred and forty-one is hereby amended b}^ striking out 
section eleven and inserting in place thereof the following 
section: — Section 11. This act shall be in effect during the 
continuance of the existing state of war between the United 
States and any foreign country; provided, that this act shall 
cease to be in efTect upon the earlier 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 28, 194-3. 



Chap. 4 An Act authorizing the tow^n of watertown to estab- 
lish A PURCHASING DEPARTMENT. 

Be it enacted, etc., as foUoios: 

Section 1. The town of Watertown may establish a 
purchasing department, to consist of a purchasing agent 
and such assistants as the selectmen may determine. The 
agent and assistants shall be appointed by the selectmen 
subject to the provisions of chapter thirty-one of the 
General Laws. The purchasing agent shall purchase all 
supplies for the town and for every department thereof 



Acts, 1943. — Chap. 5. 5 

except in case of emergency. All contracts for purchases 
exceeding one hundred dollars in amount shall be based 
upon competition. A record shall be kept by the department 
of prices paid for the supplies and shall be open to the 
inspection of any citizen. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the town meeting members of the town of 
Watertown present and voting thereon at a meeting legally 
called for the purpose. Approved February 2, 1943. 

An Act relative to the establishment by counties, fjhn^ 5 

CITIES, TOWNS AND DISTRICTS OF POST-W^AR REHABILITA- ^' 

TION FUNDS, TO THE VALIDATION OF CERTAIN ACTION 
TAKEN BY CITIES, TOWNS AND DISTRICTS IN PURCHASING 
BONDS THEREFOR, TO THE EXPENDITURE OF CERTAIN 
GRANTS OR ALLOCATIONS TO DISTRICTS FOR CIVILIAN 
DEFENSE PURPOSES AND TO THE MAKING OF CONTRACTS 
BY COUNTIES AND DISTRICTS WITH THE UNITED STATES 
FOR THE TEMPORARY USE AND OCCUPATION OF COUNTY 
OR DISTRICT PROPERTY. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which in part is to empower the counties, p''*'''"^^'''- 
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 emergency law, necessary for the immediate preservation 
of the public safety and convenience. 

Be it enacted, etc., as foUoivs: 

Section 1. During the continuance of the existing state 
of war between the United States and any foreign country, 
any city, town or district may appropriate money for the 
purchase of defense bonds, war bonds or other bonds issued 
by the federal government, or other bonds which are legal 
investments for savings banks; provided, that the aggregate 
amount of such bonds held at any time under authority of 
this act shall not exceed five per cent of the assessed valua- 
tion of real estate and tangible personal property therein in 
the year nineteen hundred and forty-two. The aggregate 
amount purchased and invested under authority of this act 
and all interest earned thereon shall be set up as a separate 
fund in the custody of the treasurer of such city, town or 
district, who is hereby authorized, in case any bond held in 
the fund matures or is called, to reinvest, with the ap- 
proval of the mayor, selectmen, prudential committee or 
commissioners, as the case may be, in other bonds authorized 
by this act to be purchased. 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, town or district 
may borrow money for a period of not less than ten years in 



Acts, 1943. — Chap. 5. 

accordance 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 estab- 
lished under section one of chapter forty-nine of the acts 
of nineteen 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, town or 
district involving rehabilitation following the war or due to 
unemployment conditions or otherwise. 

The members of the board aforesaid, when acting under 
this section, shall receive from the commonwealth compensa- 
tion 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. During the continuance of the existing state 
of war between the. United States and any foreign country, 
any county may purchase bonds referred to in section one 
to the extent that money may be provided therefor by appro- 
priation by the general court. The aggregate amount so 
invested and all interest earned thereon shall be set up as a 
separate fund in the custody of the treasurer of such county, 
who is hereby authorized, in case any bond held in the fund 
matures or is called, to reinvest, with the approval of the 
county commissioners, the proceeds so received in other 
bonds authorized by this act to be purchased. 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 authorized by the general court. 

Section 3. 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 govern- 
ment or by the commonwealth to a city, town or district for 
civilian defense purposes may be expended without appro- 
priation in accordance with the terms of said grants or 
allocations. 

Section 4. Counties, cities, towns and districts are 
hereby authorized, during the continuance of the existing 
state of war between the United States and any foreign 
country, to enter into contracts for the use and occupation 
by the United States of any properties, real or personal, 
owned or held by them. 

Section 5. Any action taken by a city, town or district 
in nineteen hundred and forty-two, or in nineteen hundred 
and forty-three prior to the effective date of this act, in 
voting an emergency appropriation for purchasing bonds re- 
ferred to in section one of this act shall have the same effect 
and validity as if this act had been in effect at the time of 
said vote. 

Section 6. Chapter four of the acts of nineteen hun- 
dred and forty-two, except sections three and six, is hereby 



Chap. 



Acts, 1943. — Chaps. 6, 7. 

repealed, and bonds purchased under section one of said 
chapter four shall, for the purposes of this act, be deemed 
to have been purchased hereunder and shall be held subject 
to the provisions hereof. Approved February 2, 1943. 



An Act authorizing the selectmen of the town of 
lexington to appoint a board of public welfare. 

Be it enacted, etc., as folloivs: 

Section 1, There shall be in the town of Lexington a 
board of public welfare, consisting of five members ap- 
pointed annually by the selectmen of said town, which shall 
have all the powers and duties now or from time to time 
vested by general law in boards of public welfare; and upon 
the initial organization of the board of public welfare ap- 
pointed under authority of this act, the board of selectmen, 
acting as the board of public works as provided by chapter 
one of the acts of nineteen hundred and twenty-two, shall 
cease to exercise the powers and duties of a board of public 
welfare. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town of Lexington at any town meeting 
held prior to January first, nineteen hundred and forty-five. 

Approved February 2, 1943. 



An Act establishing in the town of reading representa- (J^aV- 7 
tive town government by limited town meetings. 

Be it enacted, etc., as follows: 

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

Section 2. Upon the acceptance of this act by the town 
of Reading, as hereinafter provided, the selectmen shall 
forthwith divide the territory thereof into not less than 
four nor more than eight voting precincts, each of which 
shall be plainly designated and shall contain not less than 
four hundred registered voters. The precincts shall be so 
established as to consist of compact and contiguous territory 
to be bounded, as far as possible, by the center line of known 
streets and ways or by other well-defined limits. Their 
boundaries shall be reviewed, and, if need be, wholly or 
partly revised, by the selectmen in December, once in five 
years, or in December of any year when so directed by a 
vote of a representative town meeting held not later than 
November twentieth of that year. The foregoing provisions 
of this section shall not authorize any action contrary to 
the provisions of section nine A of chapter fifty-four of the 
General Laws. 

The selectmen shall, within ten days after any establish- 
ment or revision of the precincts, file a report of their doings 



Acts, 1943. — Chap. 7. 

with the town clerk, the registrars of voters and the assessors, 
with a map or maps or description of the precincts and the 
names and residences of the registered voters therein. The 
selectmen shall also cause to be posted in the town hall a 
map or maps or description of the precincts as established 
or revised from time to time, with the names and residences 
of the registered voters therein; and they shall also cause 
to be posted in at least one public place in each precinct a 
map or description of that precinct, with the names and 
residences of the registered voters therein. The division 
of the town into voting precincts and any revision of such 
precincts shall take effect upon the date of the filing of the 
report thereof by the selectmen with the town clerk. When- 
ever the precincts are established or revised, the town clerk 
shall forthwith give written notice thereof to the state 
secretary, stating the number and designation of the 
precincts. Meetings of the registered voters of the several 
precincts for elections, for primaries, and for voting upon 
any question to be submitted to all the registered voters 
of the town, shall be held on the same day and at the same 
hour and at such place or places within the town as the 
selectmen shall in the warrant for such meeting direct. 
The provisions of chapters fifty to fifty-six, inclusive, of the 
General Laws relating to precinct voting at elections, so 
far as the same are not inconsistent with this act, shall apply 
to all elections and primaries in the town upon the establish- 
ment of voting precincts as hereinbefore provided. 

Section 3. Other than the officers designated in the 
by-laws of the town as town meeting members at large, the 
representative town meeting membership shall in each 
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 elected membership 
to be as nearly one hundred and eighty as may be. 

The registered voters in every precinct shall, at the first 
annual town election held after the establishment of such 
precinct, and the registered voters of any precinct affected 
by any revision of precincts at the first annual town election 
following such revision, conformably to the laws relative 
to elections not inconsistent with this act, elect by ballot 
the number of registered voters in the precinct, other than 
the officers designated in the by-laws as town meeting 
members at large, provided for in the first sentence of this 
section, to be town meeting members of the town. The 
first third, in the order of votes received, of members so 
elected shall serve three 3^ears, the second third in such 
order shall serve two years, and the remaining third in such 
order shall serve one year, from the day of the annual town 
meeting; in case of a tie vote affecting the division into 
thirds, as aforesaid, the members elected from the precinct 
shall by ballot determine the same; and thereafter, except 



Acts, 1943. — Chap. 7. 

as is otherwise provided herein, at each annual town elec- 
tion the registered voters of each precinct shall, in like 
manner, elect, for the term of three years, one third of the 
number of elected town meeting members to which such 
precinct is entitled, and shall at such election fill for the 
unexpired term or terms any vacancy or vacancies then 
existing in the number of elected town meeting members 
in such precinct. 

The terms of office of all elected town meeting members 
from every precinct revised as aforesaid shall cease upon 
the election as hereinbefore provided of their successors. 
Th3 town clerk shall, after every election of town meeting 
members, forthwith notify each such member by mail of his 
election. 

Section 4. Any representative town meeting held under 
the provisions of this act, except as otherwise provided 
herein, shall be limited to the town meeting members elected 
under section three, together with such town meeting mem- 
bers at large as may be provided for by the by-laws of the 
town, and authority to adopt such by-laws is hereby con- 
ferred. 

The town clerk shall notify the town meeting members 
of the time and place at which representative town meetings 
are to be held, the notices to be sent by mail at least seven 
days before the meeting. The town meeting members, as 
aforesaid, shall be the judges of the election and qualifica- 
tions of the members. A majorit}^ of the town meeting mem- 
bers shall constitute a quorum for doing business; but a less 
number may organize temporarily and may adjourn from 
time to time, but no town meeting shall adjourn over the 
date of an election of town meeting members. All town 
meetings shall be public. The town meeting members as 
such shall receive no compensation. Subject to such condi- 
tions as may be determined from time to time by the mem- 
bers of the representative town meeting, any registered voter 
of the town who is not a town meeting member may speak 
at any i-epresentative town meeting, but shall not vote. A 
town meeting member may resign by filing a written resigna- 
tion with the town clerk, and such resignation shall take 
effect on the date of such filing. A town meeting member 
who removes from the town shall cease to be a town meeting 
member, and a town meeting member who removes from the 
precinct from which he was elected to another precinct may 
serve only until the next annual town meeting. 

Section 5. Nomination of candidates for town meeting 
members to be elected under this act shall be made by 
nommation papers, which shall bear no political designa- 
tion, shall be signed by not less than ten voters of the precinct 
in which the candidate resides, and shall be filed with the 
town clerk at least ten days before the election; provided, 
that any town meeting member may become a candidate 
for re-election by giving written notice thereof to the town 
clerk at least thirty days before the election. No nomina- 



10 AcTS,11943. — Chap. 7. 

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

Section 6. The articles in the warrant for every town 
meeting, so far as they relate to the election of the moderator, 
town officers and town meeting members, and, as herein 
provided, to referenda, and all matters to be acted upon and 
determined by ballot, shall be so acted upon and deter- 
mined by the registered voters of the town in their respective 
precincts. All other articles in the warrant for any town 
meeting shall be acted upon and determined exclusively by 
town meeting members at a meeting to be held at such 
time and place as shall be set forth by the selectmen in the 
warrant for the meeting, subject to the referendum provided 
for by section nine. 

Section 7. A moderator shall be elected by ballot at 
each annual town meeting, and shall serve as moderator 
of all town meetings, except as otherwise provided by law, 
until a successor is elected and qualified. Nominations for 
and election of a moderator shall be as in the case of other 
elective town officers, and any vacancy in the office may be 
filled by the town meeting members at a meeting held for 
that purpose. If a moderator is absent, a moderator pro 
tempore may be elected by the town meeting members. 

Section 8. Any vacancy in the full number of town 
meeting members from any precinct, whether arising from a 
failure of the registered voters thereof to elect, or from any 
other cause, may be filled, until the next annual election, 
by the remaining members of the precinct from among the 
registered voters thereof. Upon petition therefor, signed 
by not less than ten town meeting members from the precinct, 
notice of any vacancy shall promptly be given by the town 
clerk to the remaining members from the precinct in which 
the vacancy or vacancies exist, and he shall call a special 
meeting of such members for the purpose of filling such 
vacancy or vacancies. He shall cause to be mailed to every 
such member, not less than five days before the time set 
for the meeting, a notice specifying the object, time and place 
of the meeting. At the said meeting a majority of the mem- 
bers from such precinct shall constitute a quorum, and they 
shall elect from their own number a chairman and a clerk. 
The choice to fill any vacancy shall be by ballot, and a 
majority of the votes cast shall be required for a choice. 
The chairman and clerk shall count the ballots and shall 
make a certificate of the choice and forthwith file the same 
with the town clerk, together with a written acceptance by 
the member or members so chosen, who shall thereupon be 
deemed elected and qualified as a town meeting member or 
members, subject to the right of all the town meeting mem- 
bers to judge of the election and qualifications of the members 
as set forth in section four. 

Section 9. A vote passed by any representative town 
meeting authorizing the expenditure of twenty thousand 



Acts, 1943. — Chap. 7. 11 

dollars or more as a special appropriation, or establishing a 
new board or office or abolishing an old board or office or 
merging two or more boards or ofTices, or fixing the term of 
office of town officers, where such term is optional, or in- 
creasing or reducing the number of members of a board, or 
adopting a new by-law, or amending an existing by-law, 
shall not be operative until after the expiration of five days, 
exclusive of Sundays and holidays, from the dissolution 
of the meeting. If, within said five days, a petition, signed 
by not less than three per cent of the registered voters of the 
town, containing their names and addresses as they appear 
on the list of registered voters, is filed with the selectmen 
asking that the question or questions involved in such a 
vote be submitted to the registered voters of the town at 
large, then the selectmen, after the expiration of five days, 
shall forthwith call a special meeting for the sole purpose of 
presenting to the registered voters at large the question or 
questions so involved. The polls shall be opened at two 
o'clock in the afternoon and shall be closed not earlier than 
eight o'clock in the evening, and all votes upon any questions 
so submitted shall be taken by ballot, and the check list 
shall be used, in the several precinct meetings in the same 
manner as in the election of town officers. The questions so 
submitted shall be determined by a majority vote of the 
registered voters of the town voting thereon, but no action 
of the representative town meeting shall be reversed unless 
at least twenty per cent of the total number of registered 
voters shall vote for such reversal. Each question so sub- 
mitted shall be in the form of the following question, which 
shall be placed upon the official ballot: — "Shall the town 
vote to approve the action of the representative town meet- 
ing whereby it was voted (brief description of the substance 
of the votej?" If such a petition is not filed within said 
period of five days, the vote of the representative town 
meeting shall become operative and effective upon the ex- 
piration of said period. 

Section 10. The town, after the acceptance of this act, 
shall have the capacity to act through and to be bound by 
its town meeting members, who shall, when convened from 
time to time as herein provided, constitute representative 
town meetings; and the representative town meetings shall 
exercise exclusively, so far as will conform to the provisions 
of this act, all powers vested in the nmnicipal corporation. 
Action in conformity with all provisions of law now or here- 
after applicable to the transaction of town affairs in town 
meetings, shall, when taken by any representative town 
meeting in accordance with the provisions of this act, have 
the same force and effect as if such action had been taken 
in a town meeting open to all the voters of the town as 
organized and conducted before the establishment in said 
town of representative town meeting government. 

Section 11. This act shall not abridge the right of the 
inhabitants of the town to hold general meetings, as secured 



12 Acts, 1943. — Chap. 8. 

to them by the constitution of this commonwealth ; nor shall 
this act confer upon any representative town meeting in the 
town the power finally to commit the town to any measure 
affecting its municipal existence or substantially changing its 
form of government without action thereon by the voters of 
the town at large, using the ballot and the check list therefor. 

Section 12. This act shall be submitted to the registered 
voters of the town of Reading for acceptance at the annual 
town meeting in the year nineteen hundred and forty-three. 
The vote shall be taken by ballot in accordance with the 
provisions of the General Laws, so far as the same shall be 
applicable, in answer to the question which shall be placed 
upon the official ballot to be used for the election of town 
officers: "Shall an act passed by the general court in the year 
nineteen hundred and forty-three, entitled 'An Act estab- 
lishing in the town of Reading representative town govern- 
ment by limited town meetings', be accepted by this town?" 
If accepted by a majority of the voters voting thereon, this 
act shall thereupon take effect for all purposes incidental 
to the next annual town election in said town, and shall take 
full effect beginning with said election. 

Section 13. If this act is rejected by the registered 
voters of the town of Reading when first submitted to said 
voters under section twelve, it may again be submitted for 
acceptance in like manner from time to time to such voters 
at any annual town meeting within five years thereafter, 
and, if accepted by a majority of the voters voting thereon 
at such an election, shall thereupon take effect for all purposes 
incidental to the next annual town election in said town, 
and shall take full effect beginning with said election. 

Section 14. Chapter two hundred and seventy-six of 
the acts of nineteen hundred and ten, as amended by chapter 
three hundred and fifty-nine of the acts of nineteen hundred 
and twelve, shall, on and after the date of the first annual 
election held in said town under this act, have no force or 
effect. Approved Fehruanj 2, 1943. 



ChCLV. 8 -^N A<^T CHANGING THE TIME OF HOLDING THE ANNUAL TOWN 
MEETING AND TOWN ELECTION OF THE TOWN OF STOUGH- 
TON. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred of the acts of nine- 
teen hundred and twenty-one is hereby amended by striking 
out section one and inserting in place thereof the following: 
— Section 1. The annual town meeting of the town of 
Stoughton shall be held on the first Monday in March at 
eight o'clock in the evening, and all matters to be considered 
at the annual town meeting shall be considered at such 
meeting, except that the annual town election for the pur- 
pose of electing, by official ballot, town officers and voting 
on any question required by law to be placed upon the 



Acts, 1943. — Chaps. 9, 10. 13 

official ballot, shall take place at an adjournment of such 
meeting to be held on the third Monday in March. 

Section 2. This act shall take effect on the first day of 
January in the year nineteen hundred and forty-four. 

Appi-oved February 4, 1943. 



An Act changing the name of ohebei shalom to temple QJjqjj 
ohabei shalom and authorizing said corporation to 
hold additional real and personal property. 

Be it enacted, etc., as follows: , 

Section 1. The name of the corporation incorporated 
by chapter one hundred and seventy-nine of the acts of 
eighteen hundred and forty-five, entitled "An Act to Incor- 
porate Ohebei Shalom", and referred to in certain subsequent 
legislative acts as "Ohabei Shalom", is hereby changed to 
Temple Ohabei Shalom. 

Section 2. Said corporation may hold real and personal 
property to the same amount and subject to the same con- 
ditions as a corporation to which section nine of chapter one 
hundred and eighty of the General Laws is applicable. 

Section 3. This act shall not take effect until it shall 
have been accepted by a vote of two thirds of all members 
present and voting at an annual or special meeting of the 
corporation, and notice of such change of name shall have 
been published in a newspaper published in Suffolk county, 
and a copy of such vote and such notice, certified by the secre- 
tary of the corporation, shall have been filed with the state 
secretary. Approved February 9, 1943. 



An Act relative to certain lines, poles and other p7,^,,>j i() 

EQUIPMENT OF THE ELECTRIC LIGHT DEPARTMENT OF THE ^ ' 

TOWN OF NORTH ATTLEBOROUGH, AND OF CERTAIN TELE- 
PHONE AND TELEGRAPH COMPANIES IN SAID TOWN. 

Ik it enacted, etc., asfolloivs: 

Section 1. All hues for the transmission of electricity 
for light, heat or power heretofore acquired or constructed 
by the electric light department of the town of North Attle- 
borough, and all lines for the transmission of intelligence 
by electricity heretofore acquired or constructed by the 
New England Telephone and Telegraph Company and any 
other telephone or 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, 



14 Acts, 1943. — Chap. 11. 

structures or fixtures aforesaid of such department or any 
such company in said town unless such department or com- 
pany shall, not later than December thirty-first, nineteen 
hundred and forty-four, file with the clerk of said town a 
map or maps showing the location and nature of the said 
lines, structures and fixtures in said town; such map or 
maps so filed 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 February 12, 194-3. 



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

EQUIPMENT OF THE NEW ENGLAND TELEPHONE AND TELE- 
GRAPH COMPANY, THE AMERICAN TELEPHONE AND TELE- 
GRAPH COMPANY AND THE BROCKTON EDISON COMPANY 
IN THE CITY OF BROCKTON. 

Be it enacted, etc., as folloios: 

Section 1. All lines for the transmission of intelligence 
by electricity heretofore acquired or constructed by the 
New England Telephone and Telegraph Company and the 
American Telephone and Telegraph Company in the city 
of Brockton, and all lines for the transmission of electricity 
for light, heat or power heretofore acquired or constructed 
by the Brockton Edison Company in said city, upon, along, 
over or under the public ways and places of said city, and 
the poles, piers, abutments, conduits and other fixtures 
necessary to sustain or protect the wires of said lines, actually 
in place 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 said companies in said city unless 
said companies shall, not later than December thirty- 
first, nineteen hundred and forty-four, file with the clerk 
of said city a map or maps showing the location and nature 
of said pole lines, structures and fixtures in said city, and 
file with the city engineer of said city a map or maps show- 
ing the location and nature of said underground conduits 
in said city; such map or maps so filed to be recorded and 
kept with the records of original locations for poles, wires 
and underground conduits in said city. 

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

Approved February 12, 1943. 



Acts, 1943. — Chaps. 12, 13, 14. 15 



An Act relative to the reimbursement by the common- (Jfidj)^ 12 

WEALTH OF CITIES AND TOWNS FOR CERTAIN SCHOOL 
SALARIES. 

Be it enacted, etc., as follows: 

Section two of chapter seventy of the General Laws is g l. (Ter. 
hereby amended by striking out paragraph (3), as appear- etc!, 'amended. 
ing in section five of chapter one hundred and twenty-seven 
of the acts of nineteen hundred and thirty-two, and inserting 
in place thereof the following paragraph : — . 

(3) One hundred dollars for every person so employed ^^^^^^' 
and not included in paragraphs (1) or (2) who received as teachers, etc. 
salary not less than eight hundred and fifty dollars. 

Approved February 12, 1943. 



An Act relative to the care and custody of certain Chap. 13 

ILLEGITIMATE CHILDREN. 

Be it enacted, etc., as follo^iis: 

Section fourteen of chapter two hundred and seventy- g l. (Ter. 
three of the General Laws, as appearing in the Tercentenary ameAdId! ^^' 
Edition, is hereby amended by adding at the end the 
following sentence : — Nothing herein shall give any court ^"^^9dy 
authority to order such child to the care or custody of any Limitation 
public department or institution. °° '=°'^*^- 

Approved February 12, 1943. 



An Act further defining the phrase "assured mini- Chap. 14 
mum" under the law providing for payments to 

cities and towns from the MASSACHUSETTS SCHOOL 

fund, SO called. 
Be it enacted, etc., as folloios: 

Section eleven of chapter seventy of the General Laws ^■^h^'^%-^^ 
is hereby amended by striking out the paragraph contained amended. 
in the sixth to the ninth lines, inclusive, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following paragraph : — 

•"Assured minimum" shall mean the amount by which '^^^^?^^^., 
the sum of the following items for the last preceding town definition of. 
fiscal year exceeded the amount received by the town during 
said year under Part I and for the tuition of non-resident 
pupils and the tuition and transportation of state wards: 

Approved February 12, 1943. 



16 Acts, 1943. — Chaps. 15, 16. 



Chap. 15 An Act to authorize the placing of all positions in 

THE labor service OF THE HIGHWAY, WATER, PARK AND 
SEWER DEPARTMENTS^ OF THE TOWN OF LONGMEADOW 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as folio ivs: 

Section 1. All positions in the labor service of the 
highway, water, park and sewer departments of the town 
of Longmeadow shall, upon the effective date of this act, 
become subject to the civil service laws and rules and 
regulations relating to the labor service in towns, and the 
tenure of office of persons in the labor service of said de- 
partments of said town shall be unlimited, subject, how- 
ever, to said laws; but the persons in such service on said 
effective date may continue to serve as such. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the annual town meeting or 
a special town meeting in the current year, or at any sub- 
sequent annual town meeting, in the form of the following 
question which shall be placed, in case of an annual town 
meeting, upon the official ballot to be used for the election 
of town officers, or, in case of a special town meeting, upon 
the ballot to be used at said meeting: "Shall an act passed 
by the General Court in the year nineteen hundred and 
fortj^-three, entitled, 'An Act to authorize the placing of all 
positions in the labor service of the highway, water, park and 
sewer departments of the town of Longmeadow 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 12, 1943. 

Chap. 16 An Act making certain dental dispensaries or clinics 
subject to certain provisions of law regulating 
dispensaries and exempting from said provisions 

clinics conducted by certain licensed HOSPITALS. 

Be it enacted, etc., as folio ics: 

FdV iTr^ -A Section 1. Chapter one hundred and eleven of the 
amended.' ' General Laws is hereby amended by striking out section 
fifty-one, as appearing in the Tercentenary Edition, and 
•'Dispensary-, inserting in place thereof the following: — Section 51. In 
sections fifty-two to fifty-six, inclusive, "dispensary" shall 
mean any place or establishment, not conducted for profit, 
where medical, surgical or dental advice or treatment, 
medicine or medical or dental apparatus, is furnished to 
persons not residing therein; or any place or establish- 
ment, whether conducted for charitable purposes or for 
profit, advertised, announced, conducted or maintained 
under the name "dispensary" or "clinic", or other designa- 
tion of like import; except that it shall not include a clinic 



definition of. 



Acts, 1943. — Chap. 17. 17 

conducted by a hospital, which is Hcensed under section 
seventy-one, as an integral part of such hospital. 

Section 2. Section fifty-three of said chapter one c;. i.. cPer. 
hundred and eleven, as so appearing, is hereby amended anlendVd.' ^ '^^' 
by inserting after the word "medicine" in the fourth line 
the words: — and for all schools of dentistry, — so as to 
read as follows : — Section 63. Any person desiring to con- Licensing of 
duct a dispensary shall apply in writing to the depart- f^'^pensanes. 
ment for a license. The application shall be in such form 
as the department shall prescribe, and shall be uniform 
for all schools of medicine and for all schools of dentistry. 
There shall be attached thereto a statement of the applicant 
on oath, containing such information as may be required 
by the department. If in its judgment the statement filed 
and other evidence submitted in relation to the application 
indicate that the operation of the proposed dispensary will 
be for the public benefit, a license, in such form as it shall 
prescribe, shall be issued to the applicant. Licenses shall 
expire at the end of the year in which they are issued, but 
may be renewed annually on application as above provided. 
No license shall be transferred except with the approval of 
the department. For the issue or renewal of each license 
a fee of five dollars shall be charged, except to incorporated 
charitable organizations which conduct dispensaries without 
charge and which report, as required by law, to the depart- 
ment of public welfare. 

Section 3. Section fifty-four of said chapter one hun- o. l. (Ter. 
dred and eleven, as so appearing, is hereby amended by f,f^p,;^yj' ^ '^^' 
inserting after the word "medicine" in the fourth line 
the words : — or school of dentistry, — so as to read as 
follows : — Section o^. The council shall make rules and ^^|ff„,^^^„ 
regulations, and may revise or change them, in accordance 
with which dispensaries shall be licensed and conducted, 
but no such rule or regulation shall specify any particular 
school of medicine or school of dentistry in accordance 
with which a dispensary shall be conducted. 

Approved February 12, 1943. 



regulations. 



Chap. 17 



An Act exempting cities and towns of the common- 
wealth FROM THE LAW REQUIRING THE FILING OF A BOND 
BY THE PLAINTIFF IN ACTIONS COMMENCED BY TRUSTEE 
PROCESS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and g l. (Ter. 
forty-six of the General Laws, as amended by section one etc., amended', 
of chapter three hundred and three of the acts of nineteen 
hundred and thirty-eight, is hereby further amended by 
striking out, in the fourteenth line, the words "in such 
action" and inserting in place thereof the words: — , if 
other than a city or town of the commonwealth named 
therein, — so as to read as follows : — Section 1 . All per- Actions which 

niav be com- 



18 



Acts, 1943. — Chap. 18. 



menced by sonal Ections, Gxcept tort for malicious prosecution, for 
trustee process, gjg^j^^jgj. qj. ijijgi^ or for Essault and battery, and except 

replevin, may be commenced by trustee process, and any 
person may be summoned as trustee of the defendant 
therein; but, except in the case of a writ which contains 
a statement that the action is upon a judgment or in con- 
tract for personal services or for goods sold and deliver3d 
or for money due under a contract in writing or in tort 
to recover damages on account of the operation of a motor 
vehicle not registered in the commonwealth, no writ the 
ad damnum of which is in excess of one thousand dollars 
shall be served upon any alleged trustee unless there shall 
have been filed by the plaintiff, if other than a city or town 
of the commonwealth named therein, in the court wherein 
such action is commenced a bond with a surety company 
authorized to do business in the commonwealth as surety, 
or with sureties approved by a justice, associate justice or 
special justice of such court, said bond to be in a penal 
sum not less than ten per cent of the ad damnum of the 
writ and not less than two hundred and fifty dollars and 
to be conditioned upon payment to the defendant, if the 
plaintiff fails to recover or if such action is discontinued, 
of all costs which may be awarded to the defendant and 
all damages which he may sustain by reason of such attach- 
ment, but not exceeding the penal sum of the bond, nor 
unless there shall have been endorsed on the writ by the 
justice, associate justice or special justice who approved 
said bond, or by the clerk of such court, the fact that the 
bond required by this section has been filed in such court. 
An individual who is not an inhabitant of the common- 
wealth, or a foreign corporation or association, shall not be 
so summoned unless he or it has a usual place of business 
in the commonwealth. The amount paid by the plaintiff 
to a surety company for becoming surety on such a bond 
shall be taxed in his costs if he prevails in the action. 
Effective SECTION 2. This act shall take effect on June first, nine- 

teen hundred and forty-three. 

Approved February 12, 1943. 



Chap. 18 An Act eliminating the requirement that notices 

OF THE EXCISE ASSESSED ON MOTOR VEHICLES AND 
TRAILERS SHALL CONTAIN A COPY OF THE LAW PROVIDING 
FOR THE SUSPENSION OF CERTIFICATES OF REGISTRATION 
IN CASES OF NON-PAYMENT OF SUCH EXCISE. 

Be it enacted, etc., as follows: 

Section two A of chapter sixty A of the General Laws, 
inserted by section one of chapter four hundred and ninety- 
two of the acts of nineteen hundred and thirty-eight, is 
hereby amended by striking out the last sentence. 

Approved February 12, 19 43. 



G. L: (Ter. 
Ed.),60A, §2A, 
etc., amended. 



Acts, 1943. — Chaps. 19, 20. 19 



An Act relative to the penalty for escapes or at- Qfiaj) 19 

TEMPTED ESCAPES FROM THE REFORMATORY FOR WOMEN. 

Be it enacted, etc., as folio los: 

Section 1. Section sixteen of chapter two hundred and Si^ .S''^,g 
sixty-eight of the General Laws, as most recently amended ctri/ameAded. ' 
by section twenty-eight of chapter three hundred and forty- 
four of the acts of nineteen hundred and forty-one, is 
hereby further amended by inserting after the word "insti- 
tution" in the second line, as appearing in chapter three 
hundred and forty-four of the acts of nineteen hundred 
and thirty-four, the words : — other than the reformatory 
for women, — so as to read as follows: — Section 16. A. "^f^^"^^ ^^ 

' attempted es- 

prisoner who escapes or attempts to escape irom any penal cape from penal 
institution other than the reformatory for women, or from '"^*'*^"*'°"- 
land appurtenant thereto, or from the custody of any offi- ^''"^'^y- 
cer thereof or while being conyeyed to or from any such 
institution, may be pursued and recaptured and shall be 
punished by imprisonment in the state prison for not more 
than ten years or by imprisonment in a jail or house of 
correction for not more than two and one half years. 

Section 2. Said chapter two hundred and sixty-eight g. l. (Ter. 
is hereby further amended by inserting after section six- §^i6Af added'"^ 
teen, as amended, the following section: — Section 16 A. A Escape, etc., 
prisoner who escapes or attempts to escape from the re- from reforma- 

^ ^ * *^ tory tor women. 

formatory for women, or from land appurtenant thereto, p^^j^j^ 
or from the custody of any officer thereof, or while being 
conveyed to or from said reformatory, may be pursued 
and recaptured and shall be punished by imprisonment in 
said reformatory for a term not exceeding two years. Such 
sentence shall begin upon the expiration of the sentence 
which said prisoner was serving at the time of escape or 
attempted escape. Approved February 12, 1943. 



An Act authorizing the town of Lexington to revoke (Jfiar). 20 
its acceptance of the tenement house law, so called. 

Be it enacted, etc., as folloivs: 

There may be submitted at any town meeting in the 
town of Lexington, called for the purpose within three 
years from the effective date of this act, the question of the 
revocation of 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, and if a 
majority of the town meeting members of said town voting 
thereon vote in favor of such revocation, then the provisions 
of chapter one hundred and forty-five of the General Laws 
shall not apply in said town. Nothing herein contained 
shall prevent said town from again accepting the provisions of 
said chapter one hundred and forty-five after the revocation 
of its acceptance thereof. Approved February 12, 194-3. 



20 



Acts, 1943. — Chap. 21. 



G. L. (Ter. 
Ed.), 1B8, § 2G, 
etc., amended. 



Annual 
report to 

commissioner, 
contents of. 



Chap. 21 An Act further regulating the forms of reports 

REQUIRED TO BE FILED WITH THE COMMISSIONER OF 
BANKS BY SAVINGS BANKS AND TRUST COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-eight of 
the General Laws is hereby amended by striking out section 
twenty-six, as amended by section nine of chapter three 
hundred and thirty-four of the acts of nineteen hundred 
and thirty-three, and inserting in place thereof the follow- 
ing : — Section 26. The treasurer of such corporation shall, 
annually within twenty days after the last business day of 
October, make a report to the commissioner in such form 
as he may prescribe, showing accurately the condition of 
such corporation at the close of business on that day, and 
containing such other information as the commissioner 
may require. The president, or in his absence from the 
commonwealth, or disability, a vice president, the treasurer, 
or in his absence from the commonwealth, or disability, an 
assistant treasurer, and a majority of the auditing com- 
mittee shall certify on oath that such reports are correct 
according to their best knowledge and belief. 

Section 2. Chapter one hundred and seventy-two of 
the General Laws is hereby amended by striking out section 
twenty-six, as most recently amended by section sixteen 
of chapter three hundred and forty-nine of the acts of 
nineteen hundred and thirty-four, and inserting in place 
thereof the following : — Section 2G. Such corporation shall 
at such times as the commissioner orders, but not exceeding 
five times within any calendar year, and within ten days 
after a day designated in the order, make a return to the 
commissioner, signed and sworn to by its president, secre- 
tary and treasurer and not less than four of its board 
of directors, showing accurately the condition of such cor- 
poration at the close of business on the day designated, 
and containing such other information as the commissioner 
orders. Such return shall be in the form of a trial balance 
of its books and shall specify the different kinds of its lia- 
bilities and assets, with the amount of each kind, and the 
amount of securities pledged to secure deposits as provided 
in sections thirty-one, fifty-four and sixty-two in accordance 
with a blank form furnished by the commissioner and shall 
be published by and at the expense of such corporation 
in a newspaper of the city or town where such corporation 
is located, at such times and in such manner as may be 
directed by the commissioner. 

Approved February 16, 1943. 



G. L. (Ter. 
Ed.), 172, § 26, 
etc., amended. 



Returns to 
commissioner 
of banks. 

Publication. 



Acts, 1943. — Chap. 22. 21 



An Act relative to the loss of investment certificates Qlidr) 22 

OR PASS books issued BY BANKING COMPANIES, AND OF 
pass BOOKS AND CERTAIN CERTIFICATES ISSUED BY BANKS 
WHICH SUBSEQUENTLY MERGED WITH OTHER BANKS. 

Be it enacted, etc., as follows: 

Section twenty of chapter one hundred and sixty-seven g. l. (Xcr. 
of the General Laws, as amended by chapter one hundred ftll'amJAded!^' 
and ninety of the acts of nineteen hundred and thirty-three, 
is hereby further amended by inserting after the word 
"bank", the second time it occurs in the second hue, the 
words: — , a company subject to chapter one hundred and 
seventy-two A, — and by striking out the last sentence and 
inserting in place thereof the following: — The provisions 
of this section shall apply to trust company certificates of 
deposit, to matured and paid-up share certificates of co- 
operative banks, to investment certificates of companies 
subject to chapter one hundred and seventy-two A and to 
pass books and certificates hereinabove referred to issued 
by a bank which subsequently merged in, consolidated 
with or transferred its deposit liabilities to another bank, — 
so as to read as follows:' — Section 20. When a pass book Advertising 
issued by a savings bank, a co-operative bank, a company books, etc. 
subject to chapter one hundred and seventy-two A or the 
savings department of a trust company has been lost, 
stolen or destroyed, the person in whose name it was issued 
or his legal representative, may make written application 
to such bank, for pajanent of the amount of the deposit 
represented by said book or for the issuance of a duplicate 
book therefor. Thereupon with the written consent of the 
bank, he may give, or authorize the bank at his expense to 
give, public notice of such application by advertising the 
same at least once a week for three successive weeks in a 
newspaper published in or nearest to the town where such 
bank is situated. If such book shall not be presented to 
said bank within thirty days after the date of the first 
advertisement, as aforesaid, the bank shall, upon proof 
that such notice has been given, pay the amount due on 
said book or issue a duplicate book therefor; and upon such 
payment or delivery of a new book, all liability of the bank 
on account of the original book shall cease. The provisions 
of this section shall apply to trust company certificates of 
deposit, to matured and paid-up share certificates of co- 
operative banks, to investment certificates of companies 
subject to chapter one hundred and seventy-two A and to 
pass books and certificates hereinabove referred to issued 
by a bank which subsequently merged in, consolidated with 
or transferred its deposit liabilities to another bank. 

Approved February 16, 1943. 



22 Acts, 1943. — Chaps. 23, 24. 



Chap. 23 An Act to authorize the placing of the office of 

CHIEF OF police OF THE TOWN OF ASHLAND UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of poUce of the town of 
Ashland shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but the 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 be submitted to the voters 
of said town at the next annual town meeting in the form 
of the following question, which shall be placed upon the 
official ballot to be used for the election of town officers at 
said meeting: "Shall an act passed by the General Court 
in the year nineteen hundred and forty-three, entitled 'An 
Act to authorize the placing of the office of chief of poHce of 
the town of Ashland under the civil service laws', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall thereupon take 
full effect, but not otherwise. 

Approved February IS, 1943. 



Chap. 24 An Act making temporary provision relative to the 
filing of annual statements of insurance com- 
panies AND SCHEDULES ACCOMPANYING THE SAME. 

preambiT"^ TF/iergfls, The deferred operation of this act would tend in 

part to defeat its purpose, which is to permit the com- 
missioner of insurance to exercise, during the current and 
certain subsequent years, the authority thereby given to 
him, 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 folloios: 

Section 1. During the continuance of the existing state 
of war between the United States and any foreign country, 
but not later than June first, nineteen hundred and forty- 
five, the commissioner of insurance is hereby authorized to 
extend the time for the fihng of schedules accompanying 
annual statements of insurance companies transacting busi- 
ness in the commonwealth for not more than sixty days 
beyond March first. 

Section 2. During the continuance of the existing 
state of war between the United States and any foreign 



Acts, 1943. — Chap. 25. 23 

country, but not later than June first, nineteen hundred and 
forty-five, the commissioner of insurance is hereby authorized 
to exempt insurance companies transacting business in the 
commonwealth from filing such parts of their annual state- 
ments as in his judgment may be temporarily discontinued. 

Approved February 18, 1943. 



An Act providing for the holding of biennial municipal Chap. 25 

ELECTIONS IN THE CITY OF CHICOPEE IN ODD-NUMBERED 
YEARS AND ESTABLISHING THE DATE OF SAID ELECTIONS. 

Be it enacted, etc., as folloius: 

Section 1. Beginning with the year nineteen hundred 
and forty-three, municipal elections in the city of Chicopee 
for the choice of mayor, members of the board of aldermen, 
city clerk, city treasurer and members of the school com- 
mittee shall be held biennially on the first Tuesday after 
the first Monday of 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- 
three, the city clerk shall be elected for the term of four 
years, and at the biennial municipal election to be held in 
every fourth year thereafter the city clerk shall be elected 
for the term of four j^ears. 

Section 3. The terms of office of the aldermen at large 
elected in the year nineteen hundred and forty-two shall 
continue until the qualification of their respective successors 
who shall be elected at the biennial municipal election to be 
held in the year nineteen hundred and forty-five. At the 
biennial municipal election to be held in the year nineteen 
hundred and forty-three, five aldermen at large and one 
alderman from each ward shall be elected for terms of two 
years each. At the biennial municipal election to be held 
in the year nineteen hundred and forty-five, and at each 
biennial municipal election held thereafter, all aldermen shall 
be elected for terms of two years each. 

Section 4. At the biennial municipal election to be 
held in the year nineteen hundred and forty-five, the city 
treasurer shall be elected to hold office for the term of four 
years, and at the biennial municipal election to be held 
in every fourth year thereafter the city treasurer shall be 
elected for the term of four years. 

Section 5. At the biennial municipal election to be 
held in the year nineteen hundred and forty-three, a member 
at large of the school committee shall be elected for a term 
of four years. The term of office of the member at large 
of the school committee elected in the year nineteen hundred 
and forty-one shall continue until the qualification of his 
successor who shall be elected at the biennial municipal 
election in the year nineteen hundred and forty-five. The 
terms of oflftce of the members of the school committee from 
wards five, six and seven elected in the year nineteen hun- 



24 Acts, 1943. — Chap. 26. 

dred and forty-two, and of the members of the school 
committee from wards one and two elected in the year nine- 
teen hundred and forty-one, shall continue imtil the qualifica- 
tion of their respective successors who shall be elected at 
the biennial municipal election in the year nineteen hun- 
dred and forty-five. At the biennial municipal election to 
be held in the year nineteen hundred and forty-three the 
members of the school committee from wards three, four, 
eight and nine shall be elected for terms of two years each. 
At each biennial municipal election, beginning with the 
year nineteen hundred and forty-five, all members of the 
school committee to be elected thereat from wards shall be 
elected for terms of two years each, and any member at 
large of the school committee to be elected thereat shall be 
elected for a term of four years. 

Section 6. Except when voting to fill a vacancy caused 
by death, resignation or otherwise, at the biennial municipal 
election to be held in the year nineteen hundred and forty- 
five, and at all biennial municipal elections held thereafter, 
no voter shall vote for more than six of the persons who are 
candidates for election as members at large of the board of 
aldermen; and the ten candidates for such office receiving 
the largest number of votes shall be declared to be elected. 
Nothing in this section shall prevent a person voting to 
fill a vacancy or vacancies in the office of alderman at large 
at any such election, in addition to voting for the six candi- 
dates above referred to. 

Section 7. Except for the purpose of filling a vacancy, 
at the biennial municipal election to be held in the year 
nineteen hundred and forty-three and in every fourth year 
thereafter no city treasurer shall be elected, and at the 
biennial municipal election to be held in the year nineteen 
hundred and forty-five and in every fourth year thereafter 
no city clerk shall be elected. 

Section 8. So much of chapter two hundred and thirty- 
nine of the acts of eighteen hundred and ninety-seven, and 
acts in addition to and amendment thereof, as is inconsistent 
with any provision of this act is hereby repealed. 

Section 9. This act shall take effect upon its passage. 

Approved Fehruary IS, 1943. 



Chap, 26 An Act suspending the operation of certain provisions 

OF LAW RELATIVE TO THE REMOVAL OF OVERHEAD WIRES 
IN THE CITY OF BOSTON. 

Be it enacted, etc., asfoUoius: 

Section 1. The duty placed upon the fire commissioner 
of the city of Boston by 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 and by sec- 
tion one of chapter one hundred and ten of the acts of 



Acts, 1943. — Chap. 27. 25 

nineteen hundred and forty-one, to prescribe in said city, 
in the month of January of each year, to and including the 
year nineteen hundred and forty-six, 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, 
is hereby suspended. Said suspension shall be effective 
for the year nineteen hundred and forty-three, and for each 
year thereafter during any part of which the present state 
of war continues, but shall not affect prescriptions already 
made by said fire commissioner for years prior to the year 
nineteen hundred and forty-three, nor shall it affect the 
power of said commissioner to enforce any such prior 
prescription. 

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

Approved February 18, 1943. 



An Act authorizing savings banks and trust companies (JJidj) 27 

HAVING savings DEPARTMENTS TO MAKE MINIMUM INTEREST ^' 

OR DISCOUNT CHARGES IN THE CASE OF CERTAIN LOANS 
TO THEIR DEPOSITORS. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-one A of chapter one hundred S-,\" ,^J|'"- 

,. ., i-1/^ix 111 • Ed.), 168, 

and sixty-eight of the General Laws, as amended by sod ion §5ia, etc., 
twenty of chapter three hundred and thirty-four of the acts ^'"«"'^'"i- 
of nineteen hundred and thirty-three, is hereby further 
amended by inserting after the word "corporation" in the 
tenth and eleventh lines the words: — ; provided, that a 
minimum of fifty cents may be charged or collected as such 
interest or discount in the case of any such loan, — so as 
to read as follows: — Section 61 A. Such corporation shall, i>"ansto 

,. . 1 , . 1 •,!(• ■ . I depositors. 

upon application by a depositor or by cither oi two joint 
depositors under section fourteen of chapter one hundred 
and sixty-seven, make a loan to him, secured by his deposit 
book up to the amount of said deposit account, for a time 
not extending beyond the end of the dividend period in 
which the loan was made. Said corporation may charge 
the depositor interest for, or may collect discount in advance 
upon, the loan at a rate not exceeding one per cent more 
than the combined rates of the next preceding dividend 
distribution of such corporation; provided, that a minimum 
of fifty cents may be charged or collected as such interest 
or discount in the case of any such loan. The corporation 
shall keep posted in its banking room a notice containing the 
substance of this section and section fifty-one in such form as 
the commissioner may prescribe. 

Section 2. Chapter one hundred and seventy-two of ^j ^^- {^^'|''- 
the General Laws is hereby amended by striking out sec- §'66a, 
tion sixty-six A, as appearing in the Tercentenary Edition, =^'"^'"^'"^'- 
and inserting in place thereof the following: — Section GO A. ]{^'''^-^l°^^ 
Such a corporation shall, on application of a depositor, or 
of cither of two joint depositors under section fourteen of 



26 Acts, 1943. — Chap. 28. 

chapter one hundred and sixty-seven, in said savings de- 
partment, make a loan to him, secured by his deposit book, 
to an amount not exceeding ninety per cent of the amount 
of deposits shown therein, for a period not extending bej''ond 
the date when the next dividend of the savings department 
of said corporation shall be payable. The said corporation 
may charge the depositor interest for the loan at a rate not 
exceeding one half of one per cent more than the next previous 
regular dividend declared and paid by the savings depart- 
ment of such corporation; provided, that a minimum of 
fifty cents may be charged or collected as such interest in 
the case of any such loan. 

The corporation shall keep posted conspicuously in the 
banking rooms of its savings department a notice containing 
the substance of this section and of section sixty-six in such 
form as the commissioner may prescribe. 

Approved February 18, 1943. 



Chap. 28 An Act establishing the number of elected town 

MEETING members IN THE TOWN OF WEYMOUTH AND 
AUTHORIZING SUCH MEMBERS TO BECOME CANDIDATES FOR 
RE-ELECTION BY GIVING WRITTEN NOTICE THEREOF TO 
THE TOWN CLERK. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty-one of the acts of nineteen 
hundred and twenty-one is hereby amended by striking 
out section two and inserting in place thereof the following: 
— Section 2. Other than the ofilicers designated in section 
three as town meeting members at large, 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 approximate proportion which 
the number of registered voters therein bears to the total 
number of registered voters in the town, and which will 
cause the total elected membership to be as nearly two hun- 
dred and forty as may be. 

The registered voters in every precinct, at the annual 
town election to be held in the year nineteen hundred and 
forty-four, and the registered voters of any precinct affected 
by any revision of precincts, at the first annual town elec- 
tion following such revision, shall, conformably to the laws 
relative to elections not inconsistent with this act, elect by 
ballot the number of registered voters in the precinct, other 
than the officers designated in section three as town meeting 
members at large, provided for in the first sentence of this 
section, to be town meeting members of the town. The first 
third, in the order of votes received, of members so elected 
shall serve three years, the second third in such order shall 
serve two years, and the remaining third in such order shall 
serve one year, from the day of the annual town meeting; 
in case of a tie vote affecting the division into thirds, as 



Acts, 1943. — Chap. 29. 27 

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

The terms of office of all elected town meeting members 
from every precinct revised as aforesaid shall cease upon the 
election as hereinbefore provided of their successors. The 
town clerk shall, after every election of town meeting mem- 
bers, forthwith notify each such member by mail of his 
election. 

Section 2. Section four of said chapter sixty-one is 
hereby amended by inserting after the word "election" in 
the sixth line the following: — ; provided, that any town 
meeting member may become a candidate for re-election 
by giving written notice thereof to the town clerk at least 
thirty days before the election, — 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, whicfh shall bear no political designation, 
and signed by not less than ten voters of the precinct in 
which the candidate resides, and filed with the town clerk 
at least ten days before the election; provided, that any town 
meeting member may become a candidate for re-election 
by giving written notice thereof to the town clerk at least 
thirty days before the election. No nomination papers 
shall be valid in respect to any candidate whose written 
acceptance is not thereon or attached thereto. 

Section 3. This act shall take effect for the purposes 
of the annual election in the town of Weymouth to be held 
in the year nineteen hundred and forty-four, at which 
election all elected town meeting members provided for 
under section one shall be elected, and upon their qualifica- 
tion the terms of office of all elected town meeting members 
then in office shall cease, and for all other purposes this act 
shall take effect upon the date of such election. 

Approved Februanj 18, 1943. 



An Act authorizing certain officials of the land court (Jfidj) 29 
TO perform the official duties of the recorder 
thereof in certain cases. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty-five of the General g^^^- {^6''^ j^, 
Laws is hereby amended by striking out section twelve, as etc.,'amer.d3d.' 
amended by chapter twenty-seven of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
following section: — Section 12. The judge of the land E^^,^mmer« of 



28 Acts, 1943. — Chap. 30. 

Chief examiner couft may appoiiit onG or more examiners of title who shall 
uty^recD^rder^ be attomeys at law and he may also appoint a chief title 
when. examiner who shall perform all the duties of an examiner 

of title and such other duties in connection with the work of 
the court as the judge or associate judge may assign. Such 
chief title examiner shall also in case of the absence, sickness 
or disability of the recorder or if a vacancy exists in the 
office of recorder, perform, under the title of deputy recorder, 
all of the official duties of the recorder. In case of the 
absence, sickness or disability of both the recorder and the 
chief title examiner, or of the recorder alone if a vacancy 
exists in the position of chief title examiner, or of the chief 
title examiner alone if a vacancy exists in the office of re- 
corder, 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 18, 1943. 



Chap. 30 An Act relative to the verification bv banks of the 

DEPOSIT BOOKS OF THEIR DEPOSITORS OR SHAREHOLDERS 
DURING THE PRESENT WAR AND FOR A CERTAIN PERIOD 
AFTER THE TERMINATION THEREOF. 

Emergency Wkereas, The deferred operation of this act would tend 

preamble. i r • i • i • • • i 

to deieat its purpose, which in part is to give the supervisory 
authority greater discretion as to the manner and extent 
of verification of deposit or pass books by thrift institutions 
so that the confidence of the public in such institutions 
may be maintained and preserved, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate pre.servation of the public convenience. 

Be it enacted, etc., as folio ws: 

Section 1. The provisions of any law which authorize 
a bank, as defined in section one of chapter one hundred and 
sixty-seven of the General Laws, as amended, to verify the 
deposit or pass books of its depositors or shareholders, are 
hereby suspended and shall have no force or effect during 
the effective period of this act. During said period any 
such bank, when so directed by the commissioner of banks, 
shall call in the deposit or pass books of its depositors or 
shareholders and said books shall be verified in the manner 
and to the extent prescribed by said commissioner. 

Section 2. This act shall be in effect during the con- 
tinuance of the existing state of war between the United 
States and any foreign country, and for six months after 
the termination of all existing states of war. 

Approved FehruarTj 19, 1943. 



Acts, 1943. — Chap. 31. 29 



An Act kelative to the offense of fraudulently (Jhav 31 

PROCURING FOOD, ENTERTAINMENT OR ACCOMMODATION 
FROM HOTELS, INNS, COMMON VICTUALLERS, LODGING 
HOUSES OR BOARDING HOUSES. 

Be it enacted, etc., as folio >t's: 

Chapter one hundred and forty of the General Laws is g. l. (Ter. 
hereby amended by striking out section twelve, as most ft r! 'a mended"' 
recently amended by chapter ninety-two of the acts of 
nineteen hundred and thirty-three, and inserting in place 
thereof the following: — Section 12. Whoever puts up at a Penalty for 
hotel, inn, lodging house or boarding house and, without rood"a"TOm- 
having an express agreement for credit, procures food, modation, etc., 
entertainment or accommodation without paying therefor, baggage from 
and with intent to cheat or defraud the owner or keeper h"ous°e'^wit'h'"" 
thereof; or, with such intent, obtains credit at a hotel, inn, intent to 
lodging house or boarding house for such food, entertain- 
ment or accommodation by means of any false show of 
baggage or effects brought thereto; or, with such intent, 
removes or causes to be removed any baggage or effects 
from a hotel, inn, lodging house or boarding house while a 
lien exists thereon for the proper charges due from him for 
fare and board furnished therein, shall be punished by a 
fine of not more than two hundred dollars or by imprison- 
ment for not more than one year; and whoever, without 
having an express agreement for credit, procures food or 
beverage from a common victualler without paying there- 
for and with intent to cheat or defraud shall be punished 
by a fine of not more than fifty dollars or by imprison- 
ment for not more than three months. The words "lodging 
house", as used herein, shall mean a lodging house as defined 
in section twenty-two. 

Proof that such food, entertainment, accommodation or Presumptive 
beverage, or credit for the same, was obtained by a false fnten"'^*' °^ 
show of baggage or effects, or that such baggage or effects 
were removed from any such place by any person while 
such a lien existed thereon without an express agreement 
permitting such removal, or, if there was not an express 
agreement for credit, that payment for such food, enter- 
tainment, accommodation or beverage was refused upon 
demand, shall be presumptive evidence of the intent to 
cheat or defraud referred to herein. 

Approved February 19, lOJ^S. 



30 Acts, 1943. — Chaps. 32, 33, 34. 



Chap. 32 An Act authorizing the construction and maintenance 

OF A BRIDGE WITHOUT A DRAW ACROSS A PORTION OF THE 
MERRIMACK RIVER IN THE CITY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. Charles E. Hubbard and Norman P. Cotton, 
both of the city of Haverhill, are hereby authorized to con- 
struct and maintain a bridge, without a draw, across the 
Merrimack river between land owned by said persons on 
Porter's island and on the Bradford shore in said city. The 
construction and maintenance of said bridge shall be subject 
to chapter ninety-one of the General Laws. 

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

Approved February 19, 1943. 



Chap. 33 An Act providing that certain railroad corporations 

MAY ACQUIRE, HOLD, SELL AND GUARANTEE THE BONDS 
OR NOTES OF CERTAIN OTHER RAILROAD CORPORATIONS. 

^rTfrnbi"'^^ ^Vhereas, Conditions now exist which may make it neces- 

sary that certain railroad corporations be empowered forth- 
with to exercise powers set forth in this act, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as folloius: 

EdV i6o'^'« 08 Chapter one hundred and sixty of the General Laws is 

amended.' ' hereby amended by striking out section sixty-eight, as 

appearing in the Tercentenary Edition, and inserting in 

Connecting place thereof the following section : — Section 68. A cor- 

guarantee^ poratioii owuiug a railroad connecting with another rail- 

bon'ds"*^'^' ^ road, both of which are wholly constructed, or a corporation 

owning a railroad leasing, operating or controlling another 

railroad, may acquire, hold, sell and, upon such terms and 

to such an extent as may be authorized by a vote at a 

meeting called therefor, may guarantee the bonds or notes 

of such other railroad, whether such other railroad is located 

within or without this commonwealth; provided, that such 

bonds or notes are issued in conformity with law. 

Approved February 23, 1943. 



Chap. 34 An Act authorizing the city of Gloucester to use a 

CERTAIN PORTION OF A PUBLIC LANDING IN SAID CITY AS 
A PUBLIC WAY. 

Be it enacted, etc., as follows: 

The city of Gloucester may lay out as a public way that 
portion or part of the Town Landing, so called, located 
near the southerly end of Washington street in said city, 
which has been used as a public way for many years without 
a formal layout and without authority for a changed public 



Acts, 1943. — Chap. 35. 31 

use from that of a town or city landing. Said part or portion 
is particularly bounded and described as follows : — A parcel 
of land bounded on the east by land of the Socony Vacuum 
Oil Company, Inc. and by the westerly term,inus of Rogers 
street, a public w^y, a distance of about one hundred twenty- 
seven feet; on the south by remaining land of Town Land- 
ing No. 7, so called, a distance of about eighty-five feet; 
on the southwest by land of St. Peter's Club, Inc., a distance 
of about thirteen feet; and on the northwest by the south- 
easterly side line of Commercial street, a public way, a dis- 
tance of about one hundred eighteen and six-tenths feet; 
and is shown more particularly on a plan thereof drawn 
by Robert C. Hennessy, city engineer. 

Approved February 23, 1943. 



An Act amending the law relative to the militia. Chap. 35 
Whereas, The deferred operation of this act would tend Emergency 
to defeat so much of its purpose as, in view of doubts which 
have arisen as to the status of the Massachusetts state 
guard, is to immediately ratify and confirm the raising, 
organizing and maintaining thereof and all acts done by, 
or by direction of, the commander-in-chief in connection 
therewith ; 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., asfolloivs: 

Section 1. Chapter thirty-three of the General Laws is g. l. (Ter. 
hereby amended by striking out section one, as appearing ^tc'.! 'amended. 
in section one of chapter four hundred and twenty-five of 
the acts of nineteen hundred and thirty-nine, and inserting 
in place thereof the following section : — Section 1 . The f ol- Definitions. 
lowing words used in this chapter shall have the following 
meanings, unless a different meaning is clearly apparent 
from the language or context, or unless such construction is 
inconsistent with the manifest intention of the legislature: 

1. "Military forces of the commonwealth" shall include 
the organized militia, as defined in section six, and members 
of the unorganized militia when drafted or accepted as 
volunteers under sections four and five. 

2. "Soldier" or "enlisted man", a member, other than a 
commissioned officer or a warrant officer, of the military 
forces of the commonwealth. 

3. "Officer", a commissioned officer or a warrant officer 
in the military forces of the commonwealth. 

4. " Company " shall include battery, troop, naval division, 
and such other units as may be determined by the com- 
mander-in-chief to come under such designation. 

Section 2. Section six of said chapter thirty-three, as so g. l. (Xer. 
appearing, is hereby amended by striking out paragraph (a) ftl! 'amended. 
and inserting in place thereof the following paragraph: — 



32 



Acts, 1943. — Chap. 35. 



Organization 
of militia. 



G. L. (Ter. 
Ed.), 33, § 24, 
etc., amended. 

Civil and 

criminal 

liability. 



G. L. (Ter. 
Ed.), 33, § 55, 
etc., amended. 

Compen.sation 
for injuries, 
etc., when on 
duty. 



(a) The active or organized militia shall be composed of 
volunteers, and shall comprise the aides-de-camp of the com- 
mander-in-chief, the state staff and detachment, the land 
forces as defined in section sixty-six, and the naval forces. 

Section 3. Said chapter thirty-three is hereby further 
amended by striking out section twenty-four, as so appearing, 
and inserting in place thereof the following section : — Sec- 
tion 24- No officer or soldier shall be liable, either civilly 
or criminally, for any damage to property or injury to any 
person, including death resulting therefrom, caused by him 
or by his order, while performing any military duty lawfully 
ordered under any provision of this chapter, unless the act or 
order causing such damage or injury was manifestly beyond 
the scope of the authority of such officer or soldier. 

Section 4. Said chapter thirty-three is hereby further 
amended by striking out section fifty-five, as so appearing, 
and inserting in place thereof the following section: — Sec- 
tion 55. An officer or soldier who shall, while performing 
any military duty lawfully ordered under any provision of 
this chapter, receive any injury by reason of such duty or 
who shall without fault or neglect on his part be wounded 
or disabled, or contract any sickness or disease, while per- 
forming any such lawfully ordered military duty, incapaci- 
tating him from pursuing his usual business or occupation, 
shall, during the period of such incapacity, receive com- 
pensation to be fixed by a board, appointed as hereinafter 
provided, to inquire into his claim, not exceeding in amount 
the special duty pay plus ration allowance provided for 
by this chapter and actual necessary expenses for care and 
medical attendance. In case of death resulting from such 
injury, sickness or disease, compensation shall be paid to the 
decedent's dependents, as determined in accordance with 
section thirty-two and clause (3) of section one, both of 
chapter one hundred and fifty-two, in the amounts pro- 
vided by, and otherwise subject to, section thirty-one of said 
chapter; provided, that compensation to such dependents 
other than widows and children shall be based on the special 
duty pay plus ration allowance hereinbefore mentioned, and 
that, for the purposes hereof, said board shall exercise all 
the powers given by said provisions of chapter one hun- 
dred and fifty-two to the department of industrial accidents. 
All claims arising under this section shall be inquired into 
by a board of three officers, at least one of whom shall be a 
medical officer, appointed by the commander-in-chief. The 
board shall have the same power to take evidence, administer 
oaths, issue subpoenas and compel witnesses to attend and 
testify and produce books and papers, and to punish their 
failure to do so, as is possessed by a general court-martial. 
The findings of the board shall be subject to the approval 
of the commander-in-chief. The amount so found due and so 
approved shall be a charge against the commonwealth, and 
paid in the same manner as other military accounts. 



Acts, 1943. — Chap. 35. 33 

Section 5. Said chapter thirty-three is hereby further g. l. (Xer. _ 
amended by striking out section fifty-six, as so appearing, ^tc'! 'amended. 
and inserting hi place thereof the following section : — Sec- Deprivation, 
Hon 56. Whoever wilfully deprives an officer or soldier of gj^*;',"^ ^^^^ 
his employment, or denies him employment, or prevents pp,^j^,^y 
his being employed by another, or obstructs or annoys him 
or his employer in respect of his trade, business or employ- 
ment, because of his connection with the military forces of 
the commonwealth or because of his necessary absence from 
business in performance of his duty as such, and whoever 
dissuades any person from enlisting in the said military 
forces by threat of injury to him in respect of his employ- 
ment, trade or business, or of other injury, if he shall so 
enlist, shall be punished by a fine of not more than five 
hundred dollars, or by imprisonment for not more than six 
months, or both. 

Section 6. Said chapter thirty-three is hereby further g. l. (Ter. 
amended by striking out section sixty-six, as so appearing, ^te.!' amended. 
and inserting in place thereof the following section: — 
Section 66. The land forces shall consist of the active Composition 
national guard, the inactive national guard, retired officers, t-,}^^^ 
and such other units, officers and soldiers as the commander- 
in-chief, subject to federal authority, may from time to 
time prescribe, and, whenever so authorized by federal law, 
a state guard or similar military organization composed as 
prescribed by the commander-in-chief. 

Section 7. Said chapter thirty-three is hereby further g. l. (Ter. 
amended by inserting after section sixty-eight, as so appear- f osV^added. 
ing, the following new section : ^ Section 68 A . The state composition 
guard shall consist of such organizations and units as the "l^^^^"" 
commander-in-chief may from time to time prescribe or 
authorize to be formed, shall be composed of volunteers of 
eighteen years of age or older, but without specific maximum 
age limit, and shall be organized and maintained in ac- 
cordance with pertinent federal law. While so organized 
and maintained the state guard and the officers and soldiers 
thereof shall have the benefit of and be subject to all provi- 
sions of law applicable to the organized militia and not 
inconsistent with this section. 

Section 8. The raising, organizing and maintaining of ^^f^*'j.^Qf*j|"[g 
the Massachusetts state guard now in existence, and all 
acts done and orders made by, or by direction of, the 
commander-in-chief in connection therewith, are hereby 
expressly ratified and confirmed. 

Approved February 21)., 19^3. 



34 Acts, 1943. — Chap. 36. 



Chap, 36 An Act relative to the imposition of an excise on 

ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Ed^" 138 "^"s 21 Section twenty-one of chapter one hundred and thirty- 
etc.', 'amended.' eight of the General Laws, as most recently amended by 
section two of chapter six hundred and thirty-seven of the 
acts of nineteen hundred and forty-one, is hereby further 
amended by striking out the paragraph inserted as the sixth 
paragraph by section one of chapter three hundred and sixty- 
seven of the acts of nineteen hundred and thirty-nine and 
inserting in place thereof the following paragraph : — 
Excise. YoY each proof gallon, or fractional part thereof, of all 

other alcoholic beverages containing more than fifty per 
cent of alcohol by volume at sixty degrees Fahrenheit or 
alcohol, at the rate of forty cents per proof gallon. The 
words "proof gallon", when used in this section with refer- 
ence to an alcoholic beverage, shall be held to be a gallon of 
the alcoholic beverage which contains one half its volume of 
alcohol of a specific gravity of seven thousand nine hun- 
dred and thirty-nine ten thousandths (.7939) at sixty degrees 
Fahrenheit. Every person subject to this section shall keep 
a true and accurate account of all alcoholic beverages or 
alcohol sold by him other than malt beverages imported into 
the commonwealth by him, and a like account of all malt 
beverages imported into the commonwealth by him, and 
shall make a return thereof to the commissioner of corpora- 
tions and taxation, hereinafter called the commissioner, 
within ten days after the last day of each month, covering 
such sales and importations by him during such month, 
and shall at the time of such return make payment to the 
commissioner of the amount due under this section for such 
sales and importations in such month. The commissioner 
shall assess on the basis of any available information any 
deficiency in the amount so payable which remains unpaid 
and shall notify the person so assessed who may within thirty 
days of the date of the notice make application for abate- 
ment thereof. Such assessment may be made at any time 
within two years after the making of the earliest sale, or 
importation, as the case may be, included in such assess- 
ment. If the commissioner shall determine that a deficiency 
so assessed should be abated or, upon application filed within 
six months of the making of the return that an overpayment 
has been made, he shall certify the amount of such abate- 
ment or overpayment to the state treasurer, who shall 
repay the amount so certified if paid, without further ap- 
propriation therefor. The commissioner is hereby author- 
ized to prescribe rules and regulations governing the method 
of keeping accounts, making returns and paying the excise 
provided for in this section. Such rules and regulations shall 
provide for the waiver of payment of the excise in respect to 
any alcoholic beverages or alcohol if it appears that an excise 



Acts, 1943. — Chap. 37. 35 

has already been paid under the provisions of this section in 
respect thereto; provided, however, that alcohoHc beverages 
or alcohol manufactured within or imported into the com- 
monwealth and exported therefrom shall be exempt from such 
excise. Alcohol for the purposes of this section shall mean 
alcohol otherwise subject to any provision of this chapter 
but shall not include alcohol sold for scientific, chemical, 
mechanical, manufacturing, industrial, culinary, pharmaceu- 
tical or medical purposes in containers greater in capacity 
than one wine gallon. The taxes imposed by this section shall 
also be applicable to sales of alcoholic beverages, upon which 
an excise has not already been paid under the provisions 
of this section, made by a railroad or car corporation or the 
owner or operator of any vessel or shipping company licensed 
to sell alcoholic beverages under the provisions of section 
thirteen. Approved February 25, 1943. 



An Act making minor and corrective changes in the QJiar), 37 

LAWS relating TO COLLECTION OF LOCAL TAXES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter sixty of the General Ed^'eo^l'i 
Laws, as amended by section one of chapter one hundred etc., 'amended. 
and sixty-four of the acts of nirieteen hundred and thirty- 
three, is hereby further amended by striking out the word 
", summons" each time it occurs therein, so that the last 
two paragraphs, as appearing in the Tercentenary Edition, will 
read as follows : — 

"Service", as applied to any notice, demand or other Term 
paper, shall, except as otherwise provided in section sixteen, defined!' 
mean delivering it or a copy to the person for whom it is 
intended, or leaving it or a copy at his last and usual place 
of abode or of business, or sending it or a copy by mail 
postpaid addressed to him at his last and usual place of 
abode or of business or, if such notice or other paper relates to 
taxes on land, posting it or a copy conspicuously in some 
convenient and public place and sending a copy by mail 
postpaid addressed to the person for whom it is intended at 
the town where such land lies. Such service shall be suffi- 
cient whether made by the then collector of taxes or by 
any predecessor. 

The affidavit of the collector, deputy collector, sheriff, 
deputy sheriff or constable serving the notice, demand or 
other paper of the manner of service shall be kept on file 
in the ofiice of the collector, and shall be prima facie evidence 
that the same was so served. 

Section 2. Section three of said chapter sixty, as most g. l. (Ter. 
recently amended by section two of chapter two hundred and etc!, 'amended. 
fifty-eight of the acts of nineteen hundred and forty-one, 
is hereby further amended by striking out the last sentence 
and inserting in place thereof the following sentence : — 
The tax notice and bill shall state that all payments shall 



36 



Acts, 1943. — Chap. 38. 



Tax bills, 
notices, 
duties of 
collector. 



be to or to the order of the city, town or district and not to 
or to the order of any officer, board or commission, — so as 
to read as Mlows: — Section 3. The collector shall forth- 
with, after receiving a tax list and 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 validity either of a tax or of the proceed- 
ings 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 payments shall be to or to the order of the city, 
town or district and not to or to the order of any officer, 
board or commission. Approved February 25, 1943. 



G. L. (Ter. 
Ed.), 156, § 
amended. 



Amendments 
requiring twc 
thirds or 
lirger vote. 



Chav. 38 An Act to clarify the law relative to the power of 

A business corporation to mortgage or pledge its 

property and assets. 
Be it enacted, etc., as follows: 

Section 1. Section forty-two of chapter one hundred 
and fifty-six of the General Laws, as appearing in the Tercen- 
tenary Edition, is hereby amended by inserting after the 
word "sale" in the ninth line the following:— , mortgage, 
pledge, — so as to read as follows: — Section 42. Every 
corporation may, at a meeting duly called for the purpose, 
by vote 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, change its 
corporate name, the nature of its business, the classes of its 
capital stock subsequently to be issued and their preferences 
and voting power, or make any other lawful amendment 
or alteration in its agreement of association or articles of 
organization, or in the corresponding provisions of its act 
of incorporation, or authorize the sale, mortgage, pledge, 
lease or exchange of all its property and assets, including 
its good will, upon such terms and conditions as it deems 
expedient. 

Section 2. Section forty-six of said chapter one hundred 
and fifty-six, as so appearing, is hereby amended by adding 
at the end the following sentence : — The word "sell" as 
used in this section shall not include mortgage or pledge. 

Approved February 25, 1943. 



G. L. (Ter. 
Ed.), 156, 
amended. 

Term "sell' 
limited. 



§ 46, 



Acts, 1943. — Chaps. 39, 40, 41. 37 



An Act making provision for the payment of county QJidj) 39 

DEBT AND INTEREST IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section thirty of chapter thirty-five of the General Laws, g. l. (Xer. 
as amended by section three of chapter five hundred and ^tl'! 'amended. 
one of the acts of nineteen hundred and thirty-nine, is hereby 
further amended by 'adding at the end the following sen- 
tence : — Notwithstanding the foregoing, the county com- Amount of 
missioners shall also levy in any year as a county tax a county tax. 
sum sufficient to meet the debt and interest maturing in 
that year, if no other provision therefor has been made. 

Approved February 25, 1943. 



An Act exempting the commonwealth and its political (JJiar). 40 

SUBDIVISIONS AND CERTAIN NON-PROFIT LIBRARIES FROM 
THE FAIR TRADE LAW, SO CALLED, IN RESPECT TO PRICES 
OF BOOKS OR OTHER READING MATERIAL. 

Be it enacted, etc., as follows: 

Chapter ninety-three of the General Laws is hereby g. l. (Xer. 
amended by striking out section fourteen C, inserted by ^tc'.!'amenVedP' 
chapter three hundred and ninety-eight of the acts of nine- 
teen hundred and thirty-seven, and inserting in place thereof 
the following section: — Section lAC. Sections fourteen A Application 

01 sGctions 

and fourteen B shall not apply to any contract or agreement i4.\ and ub 
between producers or between wholesalers or between re- ''""^^d. 
tailers as to sale or resale prices, nor shall they apply to 
prices at which books or other printed matter or material 
to be read, may be sold or offered for sale to the common- , 
wealth or any department, board or commission thereof, 
or to any of its political subdivisions, or to any free public 
library or endowed library, or to any college, university or 
school library, or to any non-profit organization administer- 
ing a collection of books for non-profit purposes, located in 
this commonwealth. Approved February 26, 1943. 



An Act relative to reports of. treatment of certain QJkuj 4[ 

WOUNDS. 

Be it enacted, etc., as follows: 

Section twelve A of chapter one hundred and twelve of %;^^\-[J^^- 
the General Laws, as appearing in the Tercentenary Edition, § 12A, ' 
is hereby amended by inserting after the word "pistol" in amended. 
the third line the words: — , BB gun, or other air rifle, — so 
that the first sentence will read as follows : — Every physi- Reports ot 
cian attending or treating a case of bullet wound, gunshot ofceS 
wound, powder burn or any other injury arising from or ^"^^J^^^^^^y 
caused by the discharge of a gun, pistol, BB gun, or other air eTguns, etc. 
rifle or other firearm, or, whenever any such case is treated 



38 



Acts, 1943. — Chaps. 42, 43. 



in a hospital, sanitarium or other institution, the manager, 
superintendent or other person in charge thereof, shall re- 
port such case at once to the commissioner of public safety 
and to the police authorities of the town where such physi- 
cian, hospital, sanitarium or institution is located. 

Approved February 26, 1943. 



G. L. (Ter. 
Ed.), 74, § 31A, 
etc., amended. 



Chap. 42 An Act authorizing the trustees of the Bristol county 
agricultural school to pay transportation costs of 
certain pupils attending said school. 

Be it enacted, etc., as follows: 

Section thirty-one A of chapter seventy-four of the General 
Laws, inserted by chapter sixty-five of the acts of nineteen 
hundred and thirty-four, is hereby amended by inserting 
after the word "school" in the second hne the words: — and 
of the Bristol county agricultural school, — and by inserting 
after the word "Essex" in the fifth line the words:— , or 
in the county of Bristol, as the case may be, — so as to 
read as follows: — Section 31 A. The trustees of the Essex 
county agricultural school and of the Bristol county agricul- 
tural school may, if in their judgment the circumstances 
warrant, and it is not otherwise provided for, pay, in whole 
or part, the costs of transporting any pupil who resides in a 
town in the county of Essex, or in the county of Bristol, as 
the case may be, between the town and the school, and such 
expenditure shall be deemed to be a proper maintenance 
item. Approved February 26, 194-3. 



Payment of 
transportation 
costs of 
certain pupils 
in Bristol 
and Essex 
counties. 



Chap. 43 An Act relative to the powers and duties of the state 

BALLOT LAW COMMISSION. 

Be it enacted, etc., as follows: 

Section thirty-two of chapter six of the General Laws, 
as most recently amended by section one of chapter four 
hundred and seventy-three of the acts of nineteen hundred 
and thirty-eight, is hereby further amended by striking out 
the second paragraph and inserting ^ in place thereof the 
following paragraph : — 

The commission shall render a decision on any matter 
referred to it, pertaining to certificates of nomination or 
nomination papers for any presidential or biennial state 
primaries or any biennial state election or to withdrawals of 
nomination therefor, not later than fourteen days after the 
last day fixed for filing objections to such certificates or 
papers or for filing such withdrawals, as the case may be, 
under chapter fifty-three. The commission shall render a 
decision on any matter referred to it, pertaining to certificates 
of nomination or nomination papers for any special state 
primary or special state election or to withdrawals of nomi- 
nation therefor, not later than four days after the last day 



G. L. (Ter. 
Ed.), 6, §32, 
etc., amended. 



Powers and 
duties of 
state ballot 
law com- 
mission. 



Acts, 1943. — Chap. 44. . 39 

fixed for filing objections to such certificates or papers or for 
filing such withdrawals, as the case may be, under chapter 
fifty-three. In the event that said commission fails to 
render its decision within the time herein required on any 
matter so referred, the state secretary shall, notwithstanding 
such failure, proceed forthwith to cause to be printed the 
ballots for such primaries or elections. 

Approved February 26, 194S. 

An Act authorizing cities, towt^s and districts to bor- QJiQr) 44 

ROW ON ACCOUNT OF PUBLIC WELFARE, SOLDIERS' BENEFITS, 
FEDERAL EMERGENCY UNEMPLOYMENT RELIEF PROJECTS, 
AND THE DISTRIBUTION OF SURPLUS COMMODITIES. 

Whereas, It is necessary, in order to comply with the laws Emergency 
relative to the preparation and adoption of budgets, that p""^^™^^^- 
the provisions of this act shall become effective immediately, 
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 preservation of 
the public convenience. 

Be it enacted, etc., asfolloivs: 

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-three 
and nineteen hundred and forty-four, inside its limit of 
indebtedness as prescribed by section 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 projects 
or substitutes therefor, and for distribution of surplus 
commodities in cooperation with the federal government, 
to an amount not more than one half of one per cent of the 
average of the assessors' valuations of its taxable property 
for the three preceding years, such valuations to be reduced 
and otherwise determined as provided in 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 1943. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be paid in not more than ten years from 
their dates, as said board shall fix, and, except as herein 
provided, shall be subject to said chapter forty-four, exclu- 
sive of the limitation contained in the first paragraph of 
section seven thereof. 



40 Acts, 1943. — Chap. 44. 

Loans may be issued hereunder in the year nineteen 
hundred and forty-three or nineteen hundred and forty- 
four, as the case may be, only by a city, town or district 
which in such year has appropriated to be raised by taxation 
or appropriated from available funds for the purposes 
enumerated in the preceding paragraph, an amount not 
less than the aggregate of its expenditures made m the year 
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 seventy per cent of its expendi- 
tures made in said preceding year for all public welfare 
purposes other than old age assistance, aid to dependent 
children and soldiers' benefits and other than federal emer- 
gency unemployment relief projects, all as determined by 

said board. , , , j 

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

' allowances. „ , , i . -j u 

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 P^vided 
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, notwith- 
standing any provision of general or special law or ordinance 
to the contrary; provided, that in the city of Boston such 
loan orders may be passed in the manner provided m its 
charter for loan orders for temporary loans in anticipation 

of taxes. , . ,1 •+ 

Section 4. In any city a loan order under authority 
of this act 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 



Acts, 1943. — Chap. 45. 41 

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 provision 
of law to the contrary. Approved March 1, 1943. 



An Act making certain changes in the administration (Jfianj 45 

OF THE INCOME TAX LAW, SO-CALLED. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty-two of the General Laws g. l. (xer. 
is hereby amended by striking out section three, as appearing amendfd.^ ^' 
in the Tercentenary Edition, and inserting in place thereof 
the following section : — Section 3. The deduction to be Detemunation 
allowed under section two shall be determined in the fol- deduc*tion, 
lowing manner: r'tufrf^etc 

A taxpayer claiming the benefit thereof shall file with the 
commissioner a return, in such form as the commissioner 
prescribes, of his entire income from all sources, together 
with such other information as said commissioner deems 
necessary for the determination of the amount of this deduc- 
tion. The commissioner may, in lieu of such return, accept 
a sworn duplicate of the annual return of income made under 
the federal income tax law. He may also, in any case where 
he deems it necessary, require the taxpayer to file such a 
sworn duplicate. 

From said return and information the commissioner shall Deterininations 
determine the amount of interest paid during the year by fronfreuirn, 
the taxpayer on debts of class (a) or (6) enumerated in said *"*'"■ 
section, for which deduction is authorized by said section 
two, which interest, for the purposes of this section, shall 
be called the net interest. He shall also determine the total 
net income of the taxpayer, exclusive of income taxable 
under section five, as such total net income would be if no 
deduction were made for interest paid during the year. The 
taxpayer may deduct from his income taxable under section 
one an amount of interest paid by him during the year which 
shall bear the same proportion to the net interest paid as 
his income taxable under section one bears to his total net 
income as above determined. 

Section 2. Said chapter sixty-two is hereby further g. l. (Xer. 
amended by striking out section twenty-four, as so appear- amencfld.^ "^' 
ing, and inserting in place thereof the following section : — 
Section 2^. Returns under sections twenty-two and twenty- Returns to be 
three shall be accompanied by a written declaration that °"°''*^- 
they are made under the penalties of perjury, and shall be ditfof rnin? 
filed with the commissioner, shall be made in such form as 
the commissioner prescribes, and shall contain such further 
information as he deems pertinent. Except as otherwise Period 
provided in this chapter, the return shall be made on or ^"'^•"de^- 
before March first in each year and shall relate to the income 
received during the year ending on December thirty-first 
preceding. 



42 



Acts, 1943. — Chap. 45. 



G. L. (Ter. 
Ed.). 62, § 31, 
amended. 

Writ of 
mandamus 
to compel 
filing return. 



G. L. (Ter. 
Ed.), 62, § 33, 
amended. 



Employers, 
etc., required 
to file certain 
returns, etc. 



G. L. (Ter. 
Ed.). 62, § 56, 
amended. 

Penalty for 
fraudulent 
return, etc. 



Section 3. Said chapter sixty-two is hereby further 
amended by striking out section thirty-one, as so appearing, 
and inserting in place thereof the following section : — Sec- 
tion SI. If any person fails to file, on or before May first 
of any year, a return required by this chapter, any justice of 
the supreme judicial or the superior court, on petition of the 
commissioner or of any ten taxable inhabitants of the com- 
monwealth, shall issue a writ of mandamus requiring such 
person to file the return. The order of notice on the petition 
shall be returnable not later than ten days after the filing 
thereof. The petition shall be heard and determined on the 
return day or on such day thereafter as the court shall fix, 
having regard to the speediest possible determination of 
the cause consistent with the rights of the parties. The 
judgment shall include costs in favor of the prevailing party. 
All writs and processes may be issued from the clerk's office 
in any county, and, except as aforesaid, shall be returnable 
as the court orders. 

Section 4. Section thirty-three of said chapter sixty-two 
is hereby amended by striking out the first paragraph, as so 
appearing, and inserting in place thereof the following para- 
graph : — Every employer, being an inhabitant of the common- 
wealth or doing business therein, shall file annually with the 
commissioner a return in such form as he shall from time 
to time prescribe, giving the names and addresses of all 
employees residing in the commonwealth to whom said 
employer has paid wages, salary or other compensation in 
excess of the sum of two thousand dollars during the pre- 
ceding calendar year, and give the amount paid to each. 

Section 5. Said chapter sixty-two is hereby further 
amended by striking out section fifty-six, as so appearing, 
and inserting in place thereof the following section : — Sec- 
tion 56. Whoever files a fraudulent return, and whoever, 
having failed to file a return or having filed an incorrect 
or insufficient return without reasonable excuse fails to file 
a return within twenty days after receiving notice from the 
commissioner of his delinquency, shall be punished by a fine of 
not less than one hundred nor more than ten thousand dollars, 
or by imprisonment for not more than one year, or both, 
and shall forfeit his right to hold public office anywhere 
within the commonwealth for such period, not exceeding 
five years, as the court determines. Any person filing a 
fraudulent return of interest deduction under section three, 
or giving fraudulent information under said section or 
section four to the commissioner relative to any deduction 
given by section two, shall be punished as provided in this 
section. Approved March 2, 1943. 



Acts, 1943. — Chaps. 46, 47. 43 



An Act relative to recording the treatment of infants Chap. 46 

AT BIRTH. 

Be it enacted, etc., as follows: 

Section one hundred and nine A of chapter one hundred g. l. (Xer. 
and eleven of the General Laws, inserted by chapter one § io9a, etc., 
hundred and fifteen of the acts of nineteen hundred and ^"<'"'^^^- 
thirty-six, is hereby amended by adding at the end of the 
first sentence the following: — , and he shall record on the 
birth certificate the use of such prophylactic, — so as to 
read as follows: — Section 109 A. The physician, or hospi- Eyes of 
tal medical oflScer registered under section nine of chapter t?eated.*° ^^ 
one hundred and twelve, if any, personally attending the 
birth of a child shall treat his eyes within two hours after 
birth with a prophylactic remedy furnished or approved by 
the department, and he shall record on the birth certificate 
the use of such prophylactic. Whoever violates this section 
shall be punished by a fine of not more than one hundred 
dollars. Approved March 2, 1943. 

An Act relative to certain lines, poles and other (JJiaj) 47 

equipment of the TAUNTON MUNICIPAL LIGHTING PLANT 
OF THE CITY OF TAUNTON AND OF THE NEW ENGLAND 
TELEPHONE AND TELEGRAPH COMPANY AND THE AMERICAN 
TELEPHONE AND TELEGRAPH COMPANY IN SAID CITY. 

Be it enacted, etc., asfolloius: 

Section 1. All lines for the transmission of steam and 
for the transmission of electricity for light, heat or power 
heretofore acquired or constructed by the municipal light- 
ing plant of the city of Taunton, and all lines for the trans- 
mission of intelligence by electricity heretofore acquired or 
constructed by the New England Telephone and Telegraph 
Company and the American Telephone and Telegraph 
Company in said city, upon, along, over or under the public 
ways and places of said city, and the poles, piers, abut- 
ments, conduits and other fixtures necessary to sustain or 
protect the wires of said lines and actually in place on the 
effective date of this act, are hereby made lawful notwith- 
standing 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 said municipal lighting plant or of said companies in said 
city unless said municipal lighting plant or said companies 
shall, not later than December thirty-first, nineteen hun- 
dred and forty-four, file with the clerk of said city a map 
or maps showing the location and nature of said lines, struc- 
tures and fixtures in said city, such a map or maps so filed 
to be recorded and kept with the records of original locations 
for poles and wires in said city. 

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

Approved March 3, 1943. 



44 Acts, 1943. — Chaps. 48, 49. 

Chap. 48 An Act relative to certain lines, poles and other 

EQUIPMENT OF THE ELECTRIC LIGHT DEPARTMENT OF THE 
TOWN OF NORWOOD, OF THE NEW ENGLAND TELEPHONE 
AND TELEGRAPH COMPANY AND THE AMERICAN 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 Norwood, 
and all hues for the transmission of intelligence by elec- 
tricity heretofore acquired or constructed by the New Eng- 
land Telephone and Telegraph Company and the American 
Telephone 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, buried 
cables and other fixtures necessary to sustain or protect the 
wires of said lines, and actually in place 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 vahdation aforesaid shall not be effective 
as to the lines, structures or fixtures aforesaid of such depart- 
ment or companies in said town unless said department or 
companies shall, not later than December thirty-first, nine- 
teen hundred and forty-three, file with the clerk of said town 
a map or maps showing the location and nature of the said 
lines, structures and fixtures in said town; such map or 
maps so filed 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 S, 1943. 

Chap. 49 An Act relative to filling vacancies in the office 

OF senator in congress. 

Be it enacted, etc., as follows: 

Ed^'sl^'siss Section one hundred and thirty-nine of chapter fifty-four 
amended. ' of the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out, in the fourth line, 
the word "sixty" and inserting in place thereof the word: — 
Failure to sevcnty, — SO as to read as follows: — Section 139. Upon 
vacancy; failure to choosc a senator in congress or upon a vacancy in 

fontrpL'" ^^^^ office, the vacancy shall be filled for the unexpired term 
at the following biennial state election provided said vacancy 
occurs not less than seventy days prior to the date of the 
primaries for nominating candidates to be voted for at such 
election, otherwise at the biennial state election next follow- 
ing. Pending such election the governor shall make a tempo- 
rary appointment to fill the vacancy, and the person so ap- 
pointed shall serve until the election and qualification of the 
person duly elected to fill such vacancy. 

Approved March 3, 1943. 



congress. 



Acts, 1943. — Chaps. 50, 51. 45 



An Act relative to the nomination of candidates for (Jfid'n 50 

OFFICES to be filled AT SPECIAL STATE ELECTIONS. 

Be it enacted, etc., as follows: 

Section six of chapter fifty-three of the General Laws, as g. l. (Ter. 
most recently amended by chapter two hundred and sixty- ^tt! 'amended. 
six of the acts of nineteen hundred and forty-one, is hereby 
further amended by striking out, in the second line, the word 
"biennial", — so as to read as follows: — Section 6. Nom- Number of 
inations of candidates for any offices to be filled at a state onTomiM- 
election may be made by nomination papers, stating the *'°" papers. 
facts required by section eight and signed in the aggregate 
by not less than such number of voters as will equal three 
per cent of the entire vote cast for governor at the preceding 
biennial state election in the commonwealth at large or in 
the electoral district or division for which the officers are to 
be elected. Nominations of candidates for offices to be filled 
at a city or town election, except where city charters or gen- 
eral or special laws 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 March 3, 1943. 



An Act relative to objections to initiative and refer- (7/^^r). 51 

ENDUM petitions. 

Be it enacted, etc., as follows: 

Section twenty-two A of chapter fifty-three of the General ^jV iJ*'i'-22A 
Laws, as most recently amended by chapter one hundred etc!, 'amended. ' 
and ninety-two of the acts of nineteen hundred and thirty- 
eight, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following sen- 
tence : — The state secretary, shall refer the same to the 
state ballot law commission, which shall investigate the 
same, and for such purpose may exercise all the powers con- 
ferred upon it relative to objections to nominations for 
state offices, and if it shall appear to said commission that 
the objections have been sustained it shall forthwith reject 
the petition as not in conformity with the constitution 
and shall notify the state secretary of its action, — so as to 
read as follows: — Section 22 A. The provisions of law rela- objections to 
tive to the signing of nomination papers of candidates sign^itures to 



46 Acts, 1943. — Chap. 52. 

initiative, for statc oflSce, and to the identification and certification 

etc., petitions. - .1 i 1 • • j. j.i. • j. j.'l. f 

of names thereon and submission to the registrars therefor, 
shall apply, so far as apt, to the signing of initiative and 
referendum petitions and to the identification and certifica- 
tion of names thereon, and, except as otherwise provided, to 
the time of their submission to the registrars. Registrars 
shall receipt in writing for each initiative or referendum 
petition submitted to and received by them, and shall de- 
liver such petitions only on receiving written receipts there- 
for. Objections that signatures appearing on an initiative or 
referendum petition have been forged or placed thereon by 
fraud and that in consequence thereof the petition has not 
been signed by a sufficient number of qualified voters actu- 
ally supporting such petition, as required by the constitu- 
tion, may be filed with the state secretary not later than 
the sixtieth day prior to the election at which the measure 
therein proposed or the law which is the subject of the peti- 
tion is to be submitted to the voters, except that, if a refer- 
endum petition is lawfully filed after the sixty-third day prior 
to said election, such objections may be filed not later than 
seventy-two week day hours succeeding five o'clock of the day 
on which such petition is so filed. The state secretary shall 
refer the same to the state ballot law commission, which shall 
investigate the same, and for such purpose may exercise all 
the powers conferred upon it relative to objections to nom- 
inations for state offices, and if it shall appear to said com- 
mission that the objections have been sustained it shall 
forthwith reject the petition as not in conformity with the 
constitution and shall notify the state secretary of its action. 

Approved March 3, 1943. 



Chap. 52 An Act relative to conditional sales of seats for the- 
atres, HALLS, PARKS AND PLACES OF PUBLIC ASSEMBLY. 

Be it enacted, etc., as follows: 

G^L. jTer. Section 1. Sectioii thirteen of chapter ouc hundred and 

§ 13,' etc' eighty-four of the General Laws, as most recently amended 
amended. ^^ scctiou One of chapter two hundred and forty-five of the 

acts of nineteen hundred and thirty-seven, is hereby further 
amended by inserting after the word "machinery" in the 
fourth and fifth lines the words : — , seats for theatres, halls, 
parks and places of public assembly, — so that the first para- 
graph will read as follows : — 
Conditwnai Nq Conditional sale of heating apparatus, plumbing goods, 

fixtures, etc., rauges, buildiugs of wood or metal construction of the class 
contents, comiiionly known as portable or sectional buildings, elevator 

recording. apparatus Or machinery, seats for theatres, halls, parks and 
places of public assembly, or other articles of personal prop- 
erty, which are afterward wrought into or attached to real 
estate, whether they are fixtures at common law or not, 
shall be valid as against any mortgagee, purchaser or grantee 
of such real estate, unless not later than ten days after the 



Acts, 1943. — Chap. 53. 47 

delivery thereon of such personal property a notice such as 
is herein prescribed is recorded in the registry of deeds for 
the county or district where the real estate lies. The notice 
shall be signed by the vendor or a person claiming under 
him and shall contain the names of the contracting parties, 
the name of the record owner of the real estate at the time 
of recording the notice, the fact that it is agreed that title 
to such personal property shall remain in the vendor until 
the purchase price is paid, the terms of payment, including 
the date on which the final payment will become due, and 
the amount of such purchase price remaining unpaid, and 
descriptions, sufficiently accurate for identification, of such 
real estate and the personal property delivered or to be 
delivered thereon. If the sale is of several articles for a 
lump sum greater than the value of the personal property 
delivered or to be delivered on the real estate, the notice 
shall also state such lump sum and such value. 

Section 2. This act shall apply only in case of condi- Effeetive date, 
tional sales made after June first in the current year. 

Approved March 3, 1943. 



An Act relative to the printing on the ballot at (Jhav 53 

STATE primaries OF THE NAMES OF CANDIDATES FOR NOM- 
INATION FOR CERTAIN OFFICES BY A POLITICAL PARTY. 

Be it enacted, etc., as follows: 

Section forty-eight of chapter fifty-three of the General Ed')''5Jl"48 
Laws, as most recently amended by chapter six hundred etc!, 'amended'. 
and seventy-five of the acts of nineteen hundred and forty- 
one, is hereby further amended by striking out the words 
"where such person resides", wherever such words appear 
therein, and inserting in place thereof, in each instance, the 
words : — wherein such person is a registered voter, — so as 
to read as follows : — Section 4.8. All nomination papers of ]^^^ IfJ^na- 
candidates to be voted for at state primaries shall be filed tion papers, 
with the state secretary on or before the seventh Tuesday 
preceding the day of the primaries; except in the case of 
primaries before special elections, when nomination papers 
shall be filed on or before the second Tuesday preceding 
the day of the primaries. 

There shall not be printed on the ballot at a state primary Nomination 
the name of any person as a candidate for nomination for Ttt'te'^tide 
any office to be filled by all the voters of the commonwealth, offices. 
or for councillor or representative in congress, unless a cer- 
tificate from the registrars of voters of the city or town 
wherein such person is a registered voter 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 reg- 
istrars shall issue such a certificate forthwith upon request 
of any such candidate so enrolled or of his authorized repre- • 

sentative. 



48 



Acts, 1943. — Chaps. 54, 55. 



Nomination 
papers for 
county 

commissioners 
and members 
of general 
court. 



There shall not be printed on the ballot at a state primary 
the name of any person as a candidate for nomination for 
the office of county commissioner or senator or representa- 
tive to the general court unless a certificate from the regis- 
trars of voters of the city or town wherein such person is a 
registered voter stating that he is enrolled as a member of 
a political party, giving the name of the party, or stating 
that he is not enrolled 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 repre- 
sentative. 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 March 3, 194S. 



Chap. 54 An Act providing for the collection by the commis- 
sioner OF insurance of charges and fees for the 

VALUATION OF CERTAIN ANNUITY CONTRACTS AND FOR 
certain CERTIFICATES OF VALUATION. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred and 
seventy-five of the General Laws, as most recently amended 
by chapter six hundred and ninety-three of the acts of nine- 
teen hundred and forty-one, is hereby further amended by 
inserting after the paragraph contained in the fourteenth 
line the following paragraph : — 

For the valuation of each outstanding annuity contract 
of a domestic company, four cents; 

Section 2. Said section fourteen of said chapter one 
hundred and seventy-five, as so amended, is hereby further 
amended by striking out the paragraph contained in the 
sixty-third to the sixty-fifth lines, inclijsive, and inserting 
in place thereof the following paragraph : — 

For each certificate of the valuation of life policies or 
annuity contracts, or both, of any company and for each cer- 
tificate of the examination, condition or qualification of a 
company, two dollars; Approved March 3, 1943. 



G. L. (Ter. 
Ed.), 175, 
§ 14, etc., 
amended. 



Collection 
of charges, 
etc. 

G. L. (Ter. 
Ed.). 175, 
§ 14, etc., 
further 
amended. 



Collection of 
charges, etc. 



Chap. 55 An Act amending the law relative to certain pur- 
chases OF PROPERTY IN LIMITED AMOUNTS BY ELEC- 
TRIC COMPANIES. 

Be it enacted, etc., as follows: 

Section ninety-seven of chapter one hundred and sixty- 
four of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by striking out, in the first and 
second lines and in the ninth and tenth lines, the words "the 
four following sections" and inserting in place thereof, in 



G. L. (Ter. 

Ed.), 164, 

§ 97, amended. 



Acts, 1943. — Chap. 56. 49 

each instance, the words: — sections ninety-eight to one hun- 
dred and one, inclusive, — and by inserting after the word 
"sale" in the sixteenth line the words: — of any property 
exceeding thirty-five thousand dollars in value, — so as 
to read as follows: — Section 97. An electric company Consolidation 
may, subject to sections ninety-eight to one hundred and ifydio'-d'e'crric 
one, inclusive, from time to time purchase or acquire any or companies. 
all of the property of any domestic or foreign corporation 
or association owning or operating a water storage reservoir 
or hydro-electric plant with which the lines of the said first 
mentioned electric company are actually connected, or own- 
ing and operating lines for the transmission of electricity 
within or without the commonwealth with which the lines 
of said first named electric company are actually connected; 
and any such domestic or foreign corporation or association 
may, subject to sections ninety-eight to one hundred and one, 
inclusive, the charter thereof and the laws of the state under 
which such corporation or association, if a foreign corpora- 
tion or association, is organized, so far as applicable, sell any 
or all of its property to said first mentioned electric company, 
or consolidate or merge with said first mentioned electric 
company, or merge and consolidate its capital stock and 
property with said first mentioned electric company; but 
no such purchase and sale of any property exceeding thirty- 
five thousand dollars in value or merger and consolidation 
shall be valid or bindmg until the same and the terms thereof 
shall have been approved, at meetings called therefor, by 
vote of at least two thirds in hiterest of the stockholders of 
each of the contracting parties, and until the department, 
after notice and a public hearing, shall have approved the 
same and the terms thereof as consistent with the public 
interest; provided, that such electric company shall not 
exercise in this commonwealth any powers, rights, locations, 
licenses or privileges or any franchise so acquired which can- 
not be lawfully exercised by electric companies under this 
chapter. Approved March 3, 19 43. 



An Act further providing for the prevention of phrj^j ca 
bang's disease. ^' 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-nine of the General g. l. (Xer. 
Laws is hereby amended by striking out section thirty-six I'seB^ltc., 
B, inserted by chapter three hundred and fourteen of the amended. 
acts of nineteen hundred and thirty-eight, and inserting in 
place thereof the following section : — Section 36B. For the Prevention of 
purpose of preventing Bang's disease, the director or his Bang's disease, 
agent may vaccinate cattle with the approval of the owner 
thereof. Said director may, with the approval of the gov- 
ernor and council, make such rules and regulations as may 
be necessary to carry out the purposes of this section. 

Approved March 3, 1943. 



50 Acts, 1943. — Chap. 57. 



Chap. 57 A-N Act concerning the judicial determination of 

RIGHTS TO FORECLOSE MORTGAGES IN WHICH SOLDIERS AND 
SAILORS MAY BE INTERESTED BY ENTRY AND POSSESSION, 
BY EXERCISE OF POWERS OF SALE, OR OTHERWISE AS 
PROVIDED BY LAW, OR TO MAKE ANY SEIZURE OF PROP- 
ERTY THEREUNDER. 

pr^ambfe^^ WJieveas, An act of congress, known as the soldiers' and 

sailors' civil relief act of nineteen hundred and forty, was 
amended in nineteen hundred and forty-two and affects 
the rights and relations existing between mortgagees and 
mortgagors and others interested in property subject to 
mortgage who are in the military service of the United 
States and its allies; and 

Whereas, This act is enacted to adjust to the aforesaid 
act of congress, as amended in nineteen hundred and forty- 
two, the procedure provided by chapter twenty-five of the 
acts of nineteen hundred and forty-one to meet the require- 
ments of the soldiers' and sailors' civil rehef act of nineteen 
hundred and forty, as amended, for the protection of persons 
in the military service; and 

Whereas, The adjusted procedure aforesaid should im- 
mediately be available for such mortgagees, mortgagors and 
others so that all future foreclosures of mortgages in which 
they are interested may be conducted in accordance with 
the soldiers' and sailors' civil relief acts above referred to, 
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 folloivs: 

Section 1. In any proceeding in equity for authority 
to foreclose a mortgage, which for the purposes of this act 
shall be construed to include a trust deed, or other security 
in the nature of a mortgage, covering real or personal prop- 
erty, or both, by entry and possession, by exercise of a 
power of sale contained therein, or otherwise as provided 
by law, or to make any seizure of property thereunder, 
brought because of an Act of Congress known as the Soldiers' 
and Sailors' Civil Relief Act of 1940, as amended, or any 
amendments 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 : — 



Acts, 1943. — Chap. 57. 

Commonwealth of Massachusetts 

- , ss. In Equity 

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

claiming to be the holder of a mortgage 

— trust deed — security in the nature of a mortgage (strike 
out the descriptive words which are inapplicable) covering 

- - property (insert nature of property, whether 

real or personal) situated in (insert location of property, 
including name of city or town and, if stated in the mortgage 
or in the bill, the street and number) given by (insert names of 
parties, date and reference to record), has filed with said 
court a bill in equity for authority to foreclose said mort- 
gage — trust deed — security in the nature of a mortgage 

— in the manner following : (insert contemplated method of 
foreclosure, whether by entry and possession, exercise of a 
power of sale, or otherwise) — to seize certain real — personal 

— property (strike out descriptive word which is inapplicable) 
covered by said mortgage — trust deed — security in the 
nature of a mortgage. 

If you are entitled to the benefits of the Soldiers' and 
Sailors' Civil Relief Act of 1940 as amended, and you object 
to such foreclosure or seizure, you or your attorney should 

file a written appearance and answer in said court at _.. 

on or before (Return Day), or you may be forever 

barred from claiming that such foreclosure or seizure is in- 
valid under said act. 

Witness Esquire, Judge of said Court, 

this - day of 19 

The publication of a copy of said notice 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 
sufiicient service of said notice, unless the court otherwise 
orders, provided however that prior to the return day fixed 
in said notice a copy thereof shall be recorded in each registry 
of deeds and city or town clerk's office in which such mort- 
gage is recorded. 

Section 2. An entry and possession taken for the 
purpose of foreclosure, or a foreclosure effected by exercise 
of a power of sale or by any other method, or a seizure of 
property, done 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 same. There shall be no appeal from or 
review of such approval. 

The period of thirty days within which a copy of the notice 



52 Acts, 1943. — Chap. 58. 

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, and the period of thirty days within which 
the memorandum or certificate of entry is required to be 
recorded by section two of said chapter two hundred and 
forty-four shall, in case such a proceeding has been had, be 
computed from the time the court approves the sale, or 
entry, rather than from the time of the sale, or entry, as 
provided in said sections. 

A copy of the order authorizing foreclosure by entry, or 
by sale, or otherwise as provided by law, or a copy of the 
order authorizing the seizure of property, and the approval 
thereof, may be recorded in the registry of deeds and city 
or town clerk's office in which such mortgage is recorded, 
and if so recorded shall be conclusive evidence of compliance 
with the provisions of said Soldiers' and Sailors' Civil Relief 
Act of 1940, and any amendments thereto, in so far 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. 

Section 3. In proceedings under section one hereof 
where a mortgage includes land, the land court shall have 
jurisdiction as to said mortgage even though it may include 
personal property and shall have jurisdiction as to any 
additional or supplementary mortgage securing the same obli- 
gation although such mortgages include personal property. 

Section 4. Chapter twenty-five of the acts of nineteen 
hundred and forty-one is hereby repealed, but the repeal 
thereof shall not be construed to affect any proceedings 
which shall have been brought heretofore under said chapter 
twenty-five. Approved March 4, 1943. 



Chap. 58 An Act authorizing counties, cities, towns and dis- 
tricts TO CO-OPERATE WITH THE FEDERAL GOVERNMENT 
IN RELATION TO DEFENSE PUBLIC WORKS. 

Emergency WJieretts, In the existing state of war between the United 

States and certain foreign countries it is imperative that 
the political subdivisions of the commonwealth be author- 
ized immediately to co-operate with the federal government 
in the national defense and the deferred operation of this act 
would in part tend to defeat its purpose, which is to grant 
such authority to such political subdivisions, 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 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 nineteen hundred and 



Acts, 1943. — Chap. 59. 53 

thirty-six, and as most recently amended by section one of 
chapter six hundred and thirty-nine of the acts of nineteen 
hundred and forty-one, is hereby further amended by strik- 
ing out all after the word ''forty-one" in the eleventh line 
and inserting in place thereof the following : — , nineteen 
hundred and forty-two, nineteen hundred and forty-three, 
nineteen hundred and forty-four, and nineteen hundred and 
forty-five, authorizing grants or loans of federal money for 
public works projects or defense public works, — so as to 
read as follows : — Section 9. Wherever, in Part I of chap- 
ter three himdred and sixty-six of the acts of nineteen hun- 
dred and thirty-three, and acts in amendment thereof and 
in addition thereto, reference is made to the National In- 
dustrial Recovery Act or any title or part thereof, or to the 
Emergency Relief Appropriation Act of 1935, such refer- 
ence 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 hundred and forty, nineteen hundred 
and forty-one, nineteen hundred and forty-two, nineteen 
hundred and forty-three, nineteen hundred and forty-four, 
and nineteen hundred and forty-five, authorizing grants or 
loans of federal money for public works projects or defense 
pubhc works. Approved March 4, 1943. 



An Act authorizing the city of haverhill to invest fhrj^ c^q 

CERTAIN funds IN BONDS ISSUED BY THE FEDERAL GOV- ^' 

ERNMENT. 

Be it enacted, etc., as follows: 

The city of Haverhill is hereby authorized to invest in 
bonds of the United States government the sum of fourteen 
thousand dollars, being the unexpended balance in its treas- 
ury of a loan obtained by said city under authority of clause 
five of section eight of chapter forty-four of the General 
Laws; provided, that as soon as it shall be possible for the 
city to obtain the necessary materials to carry on the pur- 
poses for which the loan was obtained, following the termina- 
tion of the existing state of war with any foreign country, 
said city shall dispose of such bonds and use the proceeds 
thereof, together with any income received from the bonds, 
for the purposes specified by the vote authorizing the loan. 
Bonds purchased under this act shall be in the custody of 
the city treasurer, and in case any bond so purchased 
matures or is called, the proceeds may be reinvested by the 
treasurer, with the approval of the mayor, in other bonds 
the purchase of which is authorized by this act. 

Approved March 4, 1943. 



54 Acts, 1943. — Chaps. 60, 61. 



Chap. 60 An Act relative to the renewal of certain temporary 

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 one hundred and 
thirty-four of the acts of nineteen hundred and forty-one, 
is hereby further amended by striking out, in the seventh, 
eighth and ninth lines, the words ''nineteen hundred and 
forty, nineteen hundred and forty-one or nineteen hundred 
and forty-two" and inserting in place thereof the words: 
— nineteen hundred and forty-two, nineteen hundred and 
forty-three or nineteen hundred and forty-four, — so as 
to read as follows : — Any city, town or district, with the 
approval of the board specified in clause nine of section eight 
of chapter forty-four of the General Laws, may extend, for a 
period or periods not exceeding in the aggregate six months 
beyond the maximum term provided by law for an original 
revenue loan, any loan issued in anticipation of the revenue 
of the year nineteen hundred and forty-two, nineteen hun- 
dred and forty-three or nineteen hundred and forty-four, 
and the approval as aforesaid of any such extension shall 
authorize the issue of renewal notes for the period or periods 
so approved, notwithstanding the provisions of said chapter 
forty-four. During the time that any such revenue loan, 
extended as aforesaid, remains outstanding, none of the 
receipts from 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 4, 194S. 



Chap. 61 An Act relative to borrowing and expenditures by 

DISTRICTS PRIOR TO THE ANNUAL APPROPRIATIONS. 

Be it enacted, etc., as follows: 

EdViJ^ew Section 1. Chapter forty-four of the General Laws is 

§ 5B, added, hereby amended by inserting after section five A, as amended. 

Districts may the followiug sectiou : — Section 6B. To provide the neces- 

antidpaUon sary fuuds to meet liabilities authorized by section thirteen 

of revenue. ^^ ^]^g district trcasurer, with the approval of a majority of 

the prudential committee or commissioners, as the case may 

be, may borrow on notes of the district, during any one 

month between the end of the fiscal year and the time of 

making the next annual appropriations, a sum not exceeding 

one twelfth of the aggregate amount that might have been 

borrowed during the preceding fiscal year in anticipation of 

revenue. The amount so borrowed shall be deemed a part 

of the amount which may be borrowed under section four. 

Said notes shall be subject to certification in accordance 

with law by the director, and shall not be renewed or paid 



Acts, 1943. — Chap. 62. 55 

by the issue of new notes except as provided in section 
seventeen. 

Section 2. Said chapter forty-four is hereby further g. l. (Ter. 
amended by inserting after section thirteen, as appearing in f I'sVadSld. 
the Tercentenary Edition, the following section : — Section Districts may 
ISA. In districts, during the interval between the end of incur liabilities, 
the fiscal year and the time of making the next annual appro- 
priations, district officers authorized to make expenditures 
may incur liabilities in carrying on the several departments 
intrusted to them, and payments therefor shall be made 
from the district treasury from any available funds therein, 
and the same shall be charged against the next annual appro- 
priation; provided, that the habilities incurred during said 
interval do not exceed in any month the sums spent for 
similar purposes during any one month of the preceding 
fiscal year; but all interest and debt falling due in the said 
interval shall be paid. Approved March 4, 1943. 



An Act to amend and clarify the law relative to (Jfiap, 62 

BUDGETS IN CITIES. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws is hereby amended gj^; jJ^jasA, 
by striking out section thirty-three A, as appearing in the stricken' out. 
Tercentenary Edition, and inserting in place thereof the two andssS,^^^^^ 
following sections: — Section 33 A. The annual budget shall inserted. 
include sums sufficient to pay the salaries of officers and em- f^f^^l *°q. 
ployees fixed by law or by ordinance, but no new position vision for 
shall be created or increase in rate made by ordinance, vote **^'^"^^' ^^<'- 
or appointment during the financial year subsequent to the 
submission of the annual budget unless provision therefor 
has been made by means of a supplemental appropriation. 

Section 33 B. On recommendation of the mayor, the city Transfer from 
council may, by majority vote, transfer any amount appro- tk.n^to^Inotifer. 
priated in the then current year for the use of any depart- 
ment to another appropriation for the same department, but 
no transfer shall be made of any amount appropriated in the 
then current year for the use of any department to the ap- 
propriation for any other department except by a two thirds 
vote of the city council on recommendation of the mayor and 
with the written approval of the amount of such transfer 
by the department having control of the appropriation from 
which the transfer is proposed to be made. 

Approved March 6, 1943. 



56 



Acts, 1943. — Chaps. 63, 64. 



Chap. 63 An Act relative to appropriations for school pur- 
poses IN THE CITY OF LYNN DURING THE EXISTENCE OF 
THE PRESENT NATIONAL EMERGENCY AND FOR A CER- 
TAIN PERIOD THEREAFTER. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provisions to the con- 
trary contained in section one of chapter one hundred and 
seventy-eight of the acts of nineteen hundred and nine, as 
amended, the school committee of the city of Lynn, subject 
otherwise to the provisions of said section one, may increase 
appropriations for the purposes therein referred to for any 
financial year, including the current year, to an amount 
not exceeding the sum of one million, seven hundred thou- 
sand dollars instead of the maximum amount stated in 
said section. 

Section 2. This act shall take effect upon its passage and 
shall be in full force and effect only during the continuance 
of the existing state of war between the United States and 
any foreign country and one year after the termination of 
such states of war. Approved March 8, 1943. 



Chap. 64 An Act relative to the use of certain information in 

THE files of the BOARD OF PROBATION. 



G. L. (Ter. 
Ed.), 276, 
§ 100, 
amended. 



Detailed 
reports regard- 
ing probation 
work, etc. 

Record. 

Accessibility of 
information. 



Be it enacted, etc., as follows: 

Section one hundred of chapter two hundred and seventy- 
six of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by striking out the sentence 
contained in the eighteenth to the twentieth lines, inclu- 
sive, and inserting in place thereof the following sentence : — 
The information so obtained and recorded shall not be re- 
garded as public records and shall not be open for public 
inspection but shall be accessible to the justices and proba- 
tion officers of the courts, to the police commissioner for the 
city of Boston, to all chiefs of police and city marshals, and 
to such departments of the federal, state and local govern- 
ments and such educational and charitable corporations and 
institutions as the board may from time to time determine, — 
so as to read as follows: — Section 100. Every probation 
officer, or the chief or senior probation officer of a court hav- 
ing more than one probation officer, shall transmit to the 
board of probation, in such form and at such times as it shall 
require, detailed reports regarding the work of probation in 
the court, and trial justices shall transmit to the board 
reports of cases coming before them in such form and at 
such times as the board may require, and the commissioner 
of correction, the penal institutions commissioner of Boston 
and the county commissioners of counties other than Suf- 
folk shall transmit to the board, as aforesaid, detailed and 
complete records relative to all paroles and permits to be at 



Acts, 1943. — Chap. 65. 57 

Rberty granted or issued by them, respectively, to the re- 
voking of the same and to the length of time served on 
each sentence to imprisonment by each prisoner so released 
specifying the institution where each such sentence was 
served; and under the direction of the board a record shall 
be kept of all such cases as the board may require for the in- 
formation of the justices and probation officers. Police 
officials shall co-operate with the board and the probation 
officers in obtaining and reporting information concerning 
persons on probation. The information so obtained and 
recorded shall not be regarded as public records and shall 
not be open for public inspection but shall be accessible to 
the justices and probation officers of the courts, to the pofice 
commissioner for the city of Boston, to all chiefs of police 
and city marshals, and to such departments of the fed- 
eral, state and local governments and such educational and 
charitable corporations and institutions as the board may 
from time to time determine. The commissioner of correction 
and the department of public welfare shall at all times give 
to the board and the probation officers such information as 
may be obtained from the records concerning prisoners under 
sentence or who have been released. 

Approved March 8, 1943. 



An Act further regulating the method of payment of (J}iav. 65 

COMPENSATION OR SALARIES OF CERTAIN COUNTY OFFI- 
CERS. 

Be it enacted, etc., as follows: . 

Section eleven of chapter thirty-five of the General Laws, o. l. (Xer. 
as appearing in the Tercentenary Edition, is hereby amended amenlfd.^ ^^' 
by inserting after the word "of", the first time said word 
appears in the third line, the word: — 'elected, — and by 
striking out, in said third line, the words "established by 
law", — so as to read as follows: — Section 11. No pay- Not to pay out 
ments, except payments of expenses in criminal prosecutions, wuifout'^^der 
of expenses of the courts, of the compensation or salaries of f^"?™. <^om- 
elected county officers, of outstanding notes or bonds and of 
interest thereon, shall be made by a treasurer except upon 
orders drawn and signed by a majority of the county com- 
missioners, certified by their clerk and accompanied, except 
in Suffolk county, by the original bills, vouchers or evidences 
of county indebtedness for which payment is ordered, stating 
in detail the items and confirming the account. Said clerk 
shall not certify such orders until he has recorded them in 
the records of the commissioners. 

Approved March 8, 1943. 



missioners. 



58 Acts, 1943. — Chaps. 66, 67. 



Chap. 66 An Act authorizing the city of lynn to sell certain 

UNUSED playground LAND. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authorities, 
may improve, lay out and sell any part or parts or the whole 
of the unused portion of Magnolia Avenue playground, so 
called, in said city; provided, that the board of park com- 
missioners of said city shall, by vote at a regular meeting of 
said board, assent to such sale. Said unused portion lies on 
the southerly side of Broadway and is bounded westerly by 
Broadway two hundred and ninety-nine and twenty-nine 
one-hundredths feet; northerly by other land of the city of 
Lynn one hundred and one and thirty-two one-hundredths 
feet; easterly by other land of said city three hundred and 
ten and seventy-five one-hundredths feet; northeasterly by 
other land of said city forty-three and sixty-five one-hun- 
dredths feet; southeasterly by land of W. A. Keith forty- 
nine and seventy-five one-hundredths feet; southwesterly 
by land of J. H. Samuels eighty-three and twenty-five one- 
hundredths feet; westerly by land of E. H. Harnois thirty- 
seven and thirty-four one-hundredths feet; and southerly 
by land of said E. H. Harnois forty feet. 

Said above-described parcel contains thirty-three thou- 
sand, eight hundred and sixty-five square feet of land, more 
or less. 

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

Approved March 8, 1943. 



Chap. 67 An Act authorizing the city of lynn to sell a certain 

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

Be it enacted, etc., as follows: 

Section L The city of Lynn, by its proper authorities, 
may sell, transfer and convey to Edith M. Harnois six hun- 
dred and forty-four square feet, more or less, of land, com- 
prising a portion of Sluice pond, so called, in said city, 
heretofore acquired by said city for park purposes by a tak- 
ing by its city council. Said land is bounded northerly by the 
shores of Sluice pond and land of Edith M. Harnois a distance 
of eighty-four feet; easterly by Sluice pond a distance of 
thirty-seven feet ; and southerly by Sluice pond a distance of 
sixty-five and twenty-seven one-hundredths feet. 

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

Approved March 8, 1943. 



Acts, 1943. — Chap. 68. 



59 



An Act making appropriations for the maintenance CJiaT), 68 
OF departments, boards, commissions, institutions 

AND certain activities OF THE COMMONWEALTH, FOR 
INTEREST, SINKING FUND AND SERIAL BOND REQUIRE- 
MENTS, 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 sun- 
dry 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 
conditions specified in said section two, are hereby appro- 
priated 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, for the 
period beginning December first, nineteen hundred and forty- 
two, and ending June thirtieth,' nineteen hundred and forty- 
three, or for such other period as may be specified, this act 
being enacted in advance of final action on the general ap- 
propriation bill for the next fiscal biennium, pursuant to a 
message of the governor dated January eleventh of the cur- 
rent year. 

Section 2. 

■Item 

Service of the Legislative Department. 

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

0101-02 For the compensation for travel of senators . 5,817 00 

0101-03 For the compensation of representatives . 602,500 00 

0101-04 For the compensation for travel of representa- 
tives 36,708 00 

0101-05 For the salaries of the clerk of the senate and the' 

clerk of the house of representatives . . 7,000 00 

0101-06 For the salaries of the assistant clerk of the 
senate and the assistant clerk of the house of 
representatives ..... 4,958 34 

0101-07 For such additional clerical assistance to, and 
with the approval of, the clerk of the senate, 
as may be necessary for the proper despatch 
of public business, including not more than 
one permanent position .... 1,633 34 

0101-08 For such additional clerical assistance to, and 
with the approval of, the clerk of the house of 
representatives, as may be necessary for the 
proper despatch of pubHc business, including 
not more than three permanent positions 4,725 00 

0101-09 For the salary of the sergeant-at-arms 2,333 40 

0101-10 For clerical and other assistance employed 
by the sergeant-at-arms, including not more 
than four permanent positions . 3,879 20 

0101-11 For the compensation for travel of doorkeepers, 
assistant doorkeepers, general court officers, 
pages and other employees of the sergeant- 
at-arms, authorized by law to receive the same 5,000 00 

0101-12 For the salaries of the doorkeepers of the sen- 
ate and house of representatives, with the 
approval of the sergeant-at-arms, including 
not more than two permanent positions 3,208 40 



60 



Acts, 1943. — Chap. 68. 



Item 

0101-13 For the salaries of assistant doorkeepers to the 
senate and house of representatives and of 
general court officers, with the approval of 
the sergeant-at-arms, including not more 
than twenty permanent positions . . $28,351 40 

0101-14 For compensation of the pages of the senate and 
house of representatives, with the approval 
of the sergeant-at-arms, including not more 
than twenty permanent positions . . 9,800 00 

0101-15 For the salaries of clerks employed in the legis- 
lative document room, including not more 
than two permanent positions . . 3,937 60 

0101-17 For the salaries of the chaplains of the senate 
and house of representatives, including not 
more than two permanent positions . 1,600 00 

0101-18 For personal services of the counsel to the sen- 
ate and assistants, including not more than 
four permanent positions .... 12,980 00 
0101-19 For personal services of the counsel to the house 
of representatives and assistants, including 
not more than seven permanent positions 19,580 00 

0101-20 For clerical and other assistance of the senate 
committee on rules, including not more than 
one permanent position . . . 3,112 50 

0101-21 For clerical and other assistance o^ the house 
committee on rules, including not more than 
one permanent position .... 3,395 00 

0102-01 For traveling and such other expenses of the 
committees of the present general court as 
may be authorized by order of either branch 

of the general court 4,000 00 

0102-02 For printing, binding and paper ordered 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 75,000 00 

0102-03 For printing the manual of the general court, 
with the approval of the clerks of the two 

branches 5,100 00 

0102-04 For expenses in connection with the publica- 
tion of the bulletin of committee hearings and 
of the daily list, with the approval of the 
joint committee on rules, including not more 
than one permanent position . . 17,487 50 

0102-05 For stationery for the senate, purchased by and 

with the approval of the clerk . . . 400 00 

0102-06 For office and other expenses of the committee 

on rules on the part of the senate . . 100 00 

0102-07 For office expenses of the counsel to the senate . 150 00 

0102-08 For stationery for the house of representatives, 
purchased by and with the approval of the 

clerk 800 00 

0102-09 For office aijd other expenses of the committee 

on rules on the part of the house . . 175 00 

0102-10 For office expenses, including travel, of the 

counsel to the house of representatives . 175 00 

0102-11 For contingent expenses of the senate and house 
of representatives, and neces,sary expenses 
in and about the state house, with the ap- 
proval of the sergeant-at-arms . . . 7,000 00 

0102-12 For telephone service 4,500 00 

0102-13 For the purchase of outline sketches of mem- 
bers of the senate and house of representa- 
tives 1,850 00 



Acts, 1943. — Chap. 68. 



61 



Item 

0102-16 



For the consolidation and arrangement of cer- 
tain laws, including work, under the direction 
of the senate and house counsel, with the ap- 
proval of the president of the senate and the 
speaker of the house of representatives, upon 
certain indexes and relating to recess com- 
mittee investigations .... 

For expenses in connection with the proceed- 
ings for the acceptance by the common- 
wealth of the gift of murals for the chamber 
of the house of representatives (under chap- 
ter fifty-one of the resolves of nineteen hun- 
dred and forty-one), the sum of three hun- 
dred eleven dollars and ninety cents, to be 
paid out of the unexpended balance of the 
appropriation made by item 0102-21 of chap- 
ter six hundred and eighty-three of the acts 
of nineteen hundred and forty-one. 

Total 



$500 00 



,156 68 



Service of Legislative Investigations. 

0227 For an investigation of the laws relating to 

primaries and elections, for the publication 
of certain reports, and related matters, as 
authorized by chapter seventy-four of the 
resolves of nineteen hundred and forty-one 
and by a joint order of the present general 
court, to be in addition to any amount here- 
tofore appropriated for the purpose . 



$1,000 00 



Service of the Judicial Department. 

Supreme Judicial Court, as follows: 
0301-01 For the salaries of the chief justice and of the 
six associate justices ..... 

0301-02 For traveling allowances and expenses 
0301-03 For the salary of the clerk for the common- 
wealth ....... 

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 

Total 

Reporter of Decisions: 
0301-11 For the salary of the reporter of decisions 
0301-12 For clerk hire and office supplies, services and 
equipment, including not more than four 
permanent positions ..... 

Total 

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 expenses . 



$57,750 
220 


14 
63 


3,791 
916 


69 
65 


13,728 
2,255 
1,816 


52 
25 
13 


875 00 


$81,354 01 


$3,500 00 


6,900 


73 


$10,400 73 


$223,154 75 
5,024 22 



62 



Acts, 1943. — Chap. 68. 



Item 
0302-03 

0302-04 



For the salary of the assistant clerk, Suffolk 

county $583 31 

For clerical work, inspection of records and 
doings of persons authorized to admit to bail, 
for an executive clerk to the chief justice, 
and for certain other expenses incident to the 
work of the court 7,626 38 

Total $236,388 66 



Justices of District Courts: 

0302-11 For compensation of justices of district courts 
while sitting in the superior court 

0302-12 For expenses of justices of district courts while 
sitting in the superior court . . . 

0302-13 For reimbursing certain counties for compensa- 
tion of certain special justices for services in 
holding sessions of district courts in place of 
the justice, while sitting in the superior court 

Total 



),464 00 
849 95 

831 93 



[1,145 88 



Judicial Council: 

0303-01 For expenses of the judicial council, as author- 
ized by section thirty-four C of chapter two 
hundred and twenty-one of the General Laws $1,038 53 

0303-02 For compensation of the secretary of the judi- 
cial council, as authorized by said section 
thirty-four C 2,041 69 

Total $3,080 22 



Administrative Committee of the District 
Courts : 
0304-01 For compensation and expenses of the adminis- 
trative committee of district courts . . $1,622 80 

Probate and Insolvency Courts, as follows: 

0305-01 For the salaries of judges of probate of the 
several counties, including not more than 
twenty permanent positions $92,458 17 

0305-02 For the compensation of judges of probate 

whenactingforother judges of probate . 5,855 00 

0305-03 For expenses of judges of probate when acting 

for other judges of probate ... 5 52 

0305-04 For the salaries of registers of the several 
counties, including not more than fourteen 
permanent positions .... 36,925 00 

0305-05 For the salaries of assistant registers, including 
not more than twenty-two permanent posi- 
tions 45,860 00 

0305-06 For reimbursing officials for premiums paid 
for procuring sureties on their bonds, as 
provided by law . . . . 155 00 



Total 



. $181,258 69 



For clerical assistance to Registers of the 
several counties, as follows: 

0306-01 Barnstable, including not more than two per- 
manent positions ..... 

0306-02 Berkshire, including not more than four per- 
manent positions ..... 



$1,509 15 
3,341 70 



Acts, 1943. —Chap. 68. 



63 



Item 

0306-03 Bristol, including not more than ten perma 
nent positions .... 

0306-04 Dukes County, including not more than one 
permanent position .... 

0306-05 Essex, including not more than fourteen per 
manent positions .... 

0306-06 Franklin, including not more than one perma- 
nent position ..... 

0306-07 Hampden, including not more than nine per- 
manent positions .... 

0306-08 Hampshire, including not more than two per- 
manent positions .... 

0306-09 Middlese.x, including not more than thirty- 
four permanent positions . 

0306-10 Norfolk, including not more than thirteen 
permanent positions .... 

0306-11 Plymouth, including not more than four per- 
manent positions .... 

0306-12 Suffolk, including not more than forty-four 
permanent positions .... 

0306-13 Worcester, including not more than twelve 
permanent positions .... 

0306-14 For clerical assistance to the register of probate 
and insolvency of Nantucket county . 

Total 

Administrative Committee of Probate Courts. 

0307-01 For expenses of the administrative committee 

of probate courts ..... 



$8,565 76 

319 96 

12,285 75 

797 50 

8,572 40 

1,719 15 

30,125 98 

10,839 14 

3,174 16 

35,968 17 

10,063 65 

84 00 



$127,366 47 



S85 68 



Service of the Land Court. 

0308-01 For the salaries of the judge, associate judges, 
the recorder and court officer, including not 
more than five permanent positions . . S22,644 02 

0308-02 For engineering, clerical and other personal 
services, including not more than twenty- 
two permanent positions .... 33,234 48 

0308-03 For personal services in the examination of 
titles, for publishing and serving citations 
and other services, traveling expenses, sup- 
plies and office equipment, and for the prep- 
aration of sectional plans showing registered 
land 12,888 70 

Total $68,767 20 



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 ....... 



$26,980 85 



Service of the District Attorneys. 

District Attorneys, as follows: 

0310-01 For the salaries of the district attorney and 
assistants for the Suffolk district, including 
not more than fourteen permanent positions 

0310-02 For the salaries of the district attorney and 
assistants for the northern district, including 
not more than seven permanent positions 



$38,291 68 



16,333 28 



64 



Acts, 1943. — Chap. 68. 



Item 

0310-03 For the salaries of the district attorney and 
assistants for the eastern district, including 
not more than five permanent positions . $10,216 68 

0310-04 For the salaries of the district attorney, deputy 
district attorney and assistants for the south- 
eastern district, including not more than five 
permanent positions ..... 11,200 00 

0310-05 For the salaries of the district attorney and 
assistants for the southern district, including 
not more than four permanent positions . 8,808 31 

0310-06 For the salaries of the district attorney and 
assistants for the middle district, including 
not more than four permanent positions 8,783 31 

0310-07 For the salaries of the district attorney and 
assistants for the western district, including 
not more than three permanent positions . 6,141 69 

0310-08 For the salary of the district attorney for the 

northwestern district .... 2,333 31 

0310-09 For traveling expenses necessarily incurred by 
the district attorneys, except in the Suffolk 
district, including expenses incurred in pre- 
vious years ...... 2,904 54 

Total $105,012 80 



Service of the Board of Probation. 

0311-01 For personal services of the commissioner, 
clerks and stenographers, including not more 
than forty-three permanent positions , . $38,528 01 

0311-02 For services other than personal, traveling 

expenses, rent, office supplies and equipment 9,525 64 

Total $48,053 65 



Service of the Board of Bar Examiners. 

0312-01 For personal' services of the members of the 
board, including not more than five perma- 
nent positions ...... $5,400 00 

0312-02 For other services, including not more than 
one permanent position, traveling expenses, 
office supplies and equipment . . . 3,605 23 

Totals $9,005 23 



Service of the Executive Department. 

0401-01 For the salary of the governor . . $5,833 31 

0401-02 For the salary of the lieutenant governor 2,333 38 

0401-03 For the salaries of the eight councillors . . 4,667 04 

0401-04 For the salaries of officers and employees of the 
department, including not more than seven- 
teen permanent positions .... 23,483 78 
0401-05 For certain personal services for the lieutenant 
governor and council, including not more 
than three permanent positions . . 3,444 96 

0401-21 For travel and expenses of the lieutenant gover- 
nor and council from and to their homes 1,637 56 
0401-22 For postage, printing, office and other con- 
tingent expenses, including travel, of the 
governor ...... 4,557 11 



Acts, 1943. — Chap. 68. 



65 



Item 

0401-23 



0401-26 
0401-28 
0401-35 



For postage, printing, stationery, traveling and 
contingent expenses of the governor and 
council $850 26 

For certain maintenance expenses of the gover- 
nor's automobile ..... 310 19 

For expenses incurred in the arrest of fugitives 
from justice 2,500 00 

For payment of temporary emergency ex- 
penses which may arise by reason of the 
exigencies of the existing state of war and for 
transfers to meet unforeseen deficiencies in 
existing appropriations, with the approval of 
the governor and council .... 50,000 00 

Requests for payments and transfers from this 
item shall be referred to the commission 
on administration and finance, which, after 
investigation of the need for such expendi- 
ture, shall forthwith submit to the governor 
its written recommendation of the amount 
of funds required, together with pertinent 
facts relative thereto. 

Total $99,617 59 



Service of the Adjutant General. 

0402-01 For the salary of the adjutant general . . $3,500 00 

0402-02 For personal services of office assistants, in- 
cluding services for the preparation of records 
of Massachusetts soldiers and sailors, and 
including not more than eighteen permanent 
positions 23,605 00 

0402-03 For services other than personal, and for 

necessary' office supplies and expenses . 3,400 00 

0402-04 For expenses not otherwise provided for in 
connection with military matters and 
accounts 5,200 00 

Total $35,705 00 



Service of the Organized Militia. 

0403-01 For allowances to companies and other adminis- 
trative units, to be expended under the direc- 
tion of the adjutant general . . $65,500 00 

0403-03 For certain allowances for officers of the organ- 
ized militia, as authorized by paragraph (c) 
of section one hundred and twenty of chapter 
thirty-three of the General Laws . 42,000 00 

0403-05 For expenses of military training and instruc- 
tion, including organization, administration 
and elements of military art, use of chemical 
gas, rifle practice, and pay and expenses of 
certain camps of instruction . . 63,000 00 

0403-07 For transportation of officers and non-com- 
missioned officers for attendance at military 
meetings . . 1,800 00 

0403-08 For transportation to and from regimental 

and battalion drills ..... 500 00 

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

0403-13 For compensation and expenses for special and 

miscellaneous duty ..... 12,500 00 



66 



Acts, 1943. — Chap. 68. 



Item 

0403 
0403 
0403 



-14 For compensation for accidents and injuries 
sustained in the performance of military 
duty ....... 

-15 To cover certain small claims for damages to 
private property arising from military ma- 
neuvers ....... 

-17 For services and expenses of the military 
reservation located in Barnstable county, 
including compensation of one commissioner 
18 For premiums on bonds for officers 
21 For expenses of operation of the second divi- 
sion of the state guard .... 
0403-23 For personal services necessary for the operation 
of the commonwealth depot and motor re- 
pair park, including not more than eighteen 
permanent positions .... 



0403- 
0403- 



$2,100 00 



200 00 



1,700 00 
2,255 00 

2,950 00 



Total . 



14,920 00 
. $209,425 00 



Service of the Stale Quartermaster. 

0405-01 For personal services of the state quarter- 
master, superintendent of arsenal and cer- 
tain other employees of the state quarter- 
master, including not more than eight per- 
manent positions ..... $10,250 00 

0405-02 For the salaries of armorers and assistant 
armorers of armories of the first class, super- 
intendent of armories, and other employees, 
including not more than eighty-three perma- 
nent positions ..... 89,700 00 

0406-01 For certain incidental military expenses of the 

quartermaster's department ... 25 00 

0406-02 For office and general supplies and equipment 5,900 00 

0406-04 For the maintenance of armories of the first 
class, including the purchase of certain furni- 
ture 85,000 00 

0406-06 For expense of maintaining and operating the 
Camp Curtis Guild rifle range, including not 
more than five permanent positions . . 5,350 00 



Total 



. $196,225 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 neces- 
sary medical and office supplies and equip- 
ment ....... 

0407-03 For the examination of recruits 

Total 

Service of the State Judge Advocate. 
0408-01 For compensation of the state judge advocate 



5,234 00 



995 00 
600 00 



$4,829 00 



$125 00 



Service of the Commission on Administration and Finance. 



0415-01 For personal services of the commissioners, in- 
cluding not more than four permanent posi- 
tions ....... 



$15,458 33 



Acts, 1943. — Chap. 68. 



67 



Item 
0415-02 

0415-03 

0415-04 

0415-05 
0415-10 

0415-12 



0415-11 



0415-25 



For personal services of the bureau of the comp- 
troller, including not more than eighty-six per- 
manent positions ..... $84,082 19 

For personal services of the bureau of the pur- 
chasing agent, including not more than forty- 
one permanent positions .... 45,018 16 

For other personal services of the commission, 
including not more than thirty-three perma- 
nent positions 37,899 19 

For other expenses incidental to the duties of 

the commission ..... 25,479 76 

For telephone service in the state house and 

expenses in connection therewith . . 18,089 20 

Central Mailing Room: 
For personal services of the central mailing 
room, including not more than eight perma- 
nent positions ...... 6,626 85 



Total 



. $232,653 68 



Purchase of Paper: 
For the purchase of paper used in the execution 
of the contracts for state printing, other than 
legislative, with the approval of the commis- 
sion on administration and finance . . $15,877 13 

Special: 
For a general supply account for the purchasing 
bureau, as provided by section fifty-one of 
chapter thirty of the General Laws, to be 
expended with the approval of the commis- 
sion on administration and finance, and to be 
in addition to any amount heretofore appro- 

Eriated for the purpose, and any amounts 
eretofore expended for this purpose during 
the current fiscal period from funds avail- 
able under chapter eighteen of the acts of the 
special session of nineteen hundred and forty- 
two are to be transferred to said funds from 
this appropriation $20,000 00 



Service of the Slate Superintendent of Buildings. 

0416-01 For personal services of the superintendent and 
.office assistants, including not more than five 
permanent positions ..... $7,225 12 

0416-02 For personal services of engineers, assistant 
engineers, firemen and helpers in the engi- 
neer's department, including not more than 
forty-four permanent positions . 41,477 37 

0416-03 For personal services of capitol police, including 
not more than twenty-six permanent posi- 
tions . . . 27,307 77 

0416-04 For personal services of janitors, including not 

more than twenty-one permanent positions . 16,778 82 

0416-05 For other personal services incidental to the 
care and maintenance of the state house and 
of the Ford building, so-called, including not 
more than eighty permanent positions . 57,717 13 

Total $150,506 21 

Other Annual Expenses: 
0416-11 For contingent, office and other expenses of the 

superintendent . . . . . $154 79 



68 



Acts, 1943. — Chap. 68. 



Item 
0416-13 

0416-14 



0416-26 



For services, supplies and equipment necessary 

to furnish heat, hght and power . . . $30,108 99 

For other services, supphes and equipment 
necessary for the maintenance and care of the 
state house and grounds, including repairs of 
furniture and equipment . . 21,112 04 

Special: 
For the purchase by the state superintendent of 
buildings of certain property situated on 
Hingham street in the city of Cambridge, 
with the approval of the commission on ad- 
ministration and finance .... 4,500 00 

Total . $55,875 82 



Service of the Alcoholic Beverages Control Commission. 

The following items shall be payable from 

fees collected under section twenty-seven 

of chapter one hundred and thirty-eight 

of the General Laws : 

0417-01 For personal services, including not more than 

forty-eight permanent positions . . . $68,960 41 

0417-02 For services other than. personal, including rent 
of offices, travel, and office and incidental 
expenses ...... 



Total 



13,856 81 
82,817 22 



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: 

0418-01 For personal services, including not more than 

eight permanent positions .... 

0418-02 For other administrative expenses, including 

rent of offices, travel, and office and incidental 

expenses ....... 

Total 



$29,363 56 



2,747 00 
$32,110 56 



0419-01 



0419-02 



0423-01 
0423-02 



0423-03 



Service of the State Planning Board. 

For personal services of secretary, chief engineer, 
and other assistants, including not more than 
fourteen permanent positions . . . $23,238 08 

For services other than personal, including rent 
of offices, travel, and office supplies and 
equipment ...... 3,935 03 

Total . $27,173 11 

Service of the State Library. 

For personal services of the librarian . . $3,325 00 

For personal services of the regular library 
assistants, temporary clerical assistance, and 
for services for cataloguing, including not 
more than twenty-three permanent positions 24,918 85 
For services other than personal, office supplies 
and equipment, and incidental traveling 
expenses ....... 1,400 86 



Acts, 1943. — Chap. 68. 



69 



Item 

0423-04 



For books and other publications and things 
needed for the Hbrary, and the necessary 
binding and rebinding incidental thereto . $4,498 84 



Total 



$34,143 55 



Service of the Arl Commission. 
0424-01 For expenses of the commission 



$46 77 



Service of the Soldiers' Home in Massachusetts. 

0430-00 For the maintenance of the Soldiers' Home in 
Massachusetts, with the approval of the 
trustees thereof, including not more than one 
hundred and ninety-five permanent positions, 
to be in addition to certain receipts from the 
United States government; provided, that 
this appropriation be reduced by any amount 
by which the receipts from the United States 
government may exceed forty-three thousand 
four hundred dollars; and, provided further, 
that if such receipts from the United States 
government are less than forty-three thousand 
four himdred dollars, this appropriation be 
increased by an amount equal to the differ- 
ence between said amount and the amount 
actually received, and such increase shall be 
taken from item 0401-35 .... 



$201,030 31 



Service of the Commissioner of Stale Aid and Pensions. 

0440-01 For personal services of the commissioner and 
deputies, including not more than three per- 
manent positions . . $7,198 33 

0440-02 For personal services of agents, clerks, stenog- 
raphers and other assistants, including not 
more than nineteen permanent positions . 15,886 42 

0440-03 For services other than personal, traveling ex- 
penses of the commissioner and his employees, 
and necessary office supplies and equipment . 2,892 15 



Total . 



$25,976 90 



For Expenses on Account of Wars. 

0441-02 For certain care of veterans of the civil war, 
their wives and widows, as authorized by 
section twenty-five of chapter one hundred 
and fifteen of the General Laws, as appear- 
ing in the Tercentenary Edition thereof . $9,834 78 

0441-10 For expenses in connection with the national 
convention of the United Spanish War Veter- 
ans, if held in the city of Boston in the year 
nineteen hundred and forty-three, as author- 
ized by chapter eighty-seven of the resolves 
of nineteen hundred and forty-one; provided, 
that these funds shall not be available until 
May fifteenth, nineteen hundred and forty- 
three 10,000 00 



Total 



$19,834 78 



70 



Acts, 1943. — Chap. 68. 



Item 
0442-01 

0442-02 



Service of the Massachusetts Aeronautics Commission. 

For personal services of employees, including 

not more than three permanent positions $4,857 39 

For administrative expenses, including consult- 
ants' services, office rent and other incidental 
expenses ....... 3,086 51 



Total 



$7,943 90 



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-s'even of chapter six of the Gen- 
eral Laws $345 90 



For the Maintenance of Old State House. 

0444-01 For the contribution of the commonwealth 
toward the maintenance of the old provincial 
state house ...... 



$750 00 



Service of the Massachusetts Committee on Public Safety. 

0450-01 I'or personal and other expenses of the Massa- 
chusetts committee on public safety. No 
part of the appropriations 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 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 
committee shall terminate whenever, in the 
opinion of the governor, its continuation is no 
longer required in the best interests of the 
commonwealth. Expenditures under this 
item shall be subject to the approval of a 
majority of the members of the executive 
committee of said committee on public safety. 
Any amounts heretofore expended for this 
purpose during the current fiscal period from 
funds available under chapter eighteen of the 
acts of the special session of nineteen hun- 
dred and forty-two are to be transferred to 
said funds from this appropriation . . $290,347 16 



Service of the Secretary of the Commonwealth. 

0501-01 For the salary of the secretary . . $4,083 33 

0501-02 For the salaries of officers and employees hold- 
ing positions established by law, and other 
personal services, including not more than 
sixty-six permanent positions 69,827 47 

0501-03 For services other than personal, traveling ex- 
penses, office supplies and equipment, for the 
arrangement and preservation of state records 
and papers, including traveling expenses of 
the supervisor of public records . . . 14,500 00 

0501-04 For postage and expressage on public docu- 
ments, and for mailing copies of bUls and 
resolves to certain state, city and town 
officials 807 36 



Acts, 1943. — Chap. 68. 



71 



Item 

0501-05 
0501-06 
0501-08 



For printing registration books, blanks and 

indexes $1,181 72 

For the preparation of certain indexes of births, 

marriages and deaths .... 1,280 00 

For the purchase of ink for public records of the 

commonwealth ..... 419 15 

Total $92,099 03 



Special : 
0502-01 For the purchase of certain supplies and equip- 
ment, and for other things necessary in con- 
nection with the reproduction of the manu- 
script collection designated "Massachusetts 
Archives" ...... 

For printing laws, etc.: 

0503-01 For printing and distributing the pamphlet 
edition and for printing and binding the blue 
book edition of the acts and resolves of the 
present year ...... 

0503-02 For the printing of reports of decisions of the 
supreme judicial court .... 

0503-03 For printing and binding public documents 

Total 



$500 00 



$16,000 00 

8,170 80 
805 91 

$24,976 71 



For matters relating to elections: 
0504-01 For personal and other services in preparing for 
primary elections, including not more than 
one permanent position, and for the expenses 
of preparing, printing and distributing ballots 
for primary and other elections . $4,100 00 
0504-02 For the printing of blanks for town officers, 
election laws and blanks and instructions on 
all matters relating to elections . 250 00 
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 counting of votes; 
and for providing certain registration facili- 
ties 213 40 

Total $4,563 40 

Commission on Interstate Co-operation: 
0506-01 For personal and other services of the commis- 
sion, including travel and other expenses, as 
authorized by sections twenty-one to twenty- 
five, inclusive, of chapter nine of the General 
Laws, including not more than two perma- 
nent positions ...... $5,935 25 



Service of the Treasurer and Receiver-General. 

0601-01 For the salary of the treasurer and receiver- 
general $3,500 00 

0601-02 For salaries of officers and employees holding 
positions established by law and additional 
clerical and other assistance, including not 
more than thirty-seven permanent positions 41,661 25 



72 



Acts, 1943. — Chap. 68. 



Item 
0601-03 



0602-01 
0602-02 



0603-01 



0604-01 



0604-02 
0604-03 



0605-01 



For services other than personal, traveling ex- 
penses, office supplies and equipment . . $9,520 31 

Total $54,681 56 

Commissioners on Firemen's Relief: 
For relief disbursed, with the approval of the 

commissioners on firemen's relief . $6,432 50 

For expenses of administration by the com- 
missioners on firemen's relief . . . 112 48 

Total $6,544 98 

Payments to Soldiers: 
For making payments to soldiers in recognition 
of service during the world war and the 
Spanish war, as provided by law . $344 69 

State Board of Retirement: 

For personal services in the administrative 
office of the state board of retirement, includ- 
ing not more than eleven permanent posi- 
tions $9,955 00 

For services other than personal, office supplies 

and equipment ..... 3,400 00 

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 appropriated in item 2970-01 . 253,816 20 

Total $267,171 20 

Service of the Emergency Finance Board. 

For administrative expenses of the emergency 
finance board, including not more than eight 
permanent positions .... $6,592 32 



Service of the State Emergency Public Works Commission. 

0606-01 For expenses of the board appointed to formu- 
late projects or perform any act necessary 
to enable the commonwealth to receive cer- 
tain benefits provided by any acts or joint 
resolutions of congress authorizing grants of 
federal money for public projects, including 
not more than eight permanent positions . $5,118 58 

Service of the Auditor of the Commonwealth. 

0701-01 For the salary of the auditor . . . $3,500 00 

0701-02 For personal services of deputies and other 
assistants, including not more than twenty- 
three permanent positions . . 44,053 52 
0701-03 For services other than personal, traveling 

expenses, office supplies and equipment . 2,386 00 

Total $49,939 52 



Service of the Attorney General's Department. 

0801-01 For the salary of the attorney general . . $4,666 67 

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 positions . , . 67,776 41 



Acts, 1943. — Chap. 68. 



78 



Item 

0801-03 
0802-01 



0802-02 



For services other than personal, traveling ex- 
penses, office supplies and equipment . . $3,832 68 

For the settlement of certain claims, as pro- 
vided by law, on account of damages by cars 
owned by the commonwealth and operated 
by state employees ..... 6,521 10 

For the settlement of certain small claims, as 
authorized by section three A of chapter 
twelve of the General Laws . . . 351 33 

Total $83,148 19 



0901-01 
0901-02 



0901-03 
0901-04 



0901-11 
0901-21 



0905-01 
0905-02 
0905-03 



0906-01 
0906-02 
0906-03 



0907-01 
0907-02 



0907-03 



15,603 24 
187 80 


2,557 05 


71 79 


214 76 


$21,540 64 


$8,351 82 


2,795 38 



Service of the Department of Agriculture. 

For the salary of the commissioner . . . $2,906 00 

For personal services of clerks and stenogra- 
phers, including not more than seventeen 
permanent positions ..... 
For traveling expenses of the commissioner 
For services other than personal, 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 posi- 
tion ....... 

Total 

Division of Dairying and Animal Husbandry: 

For personal services, including not more than 

five permanent positions .... 

For other expenses, including the enforcement 

of the dairy laws of the commonwealth 
For administering the law relative to the in- 
spection of barns and dairies by the depart- 
ment of agriculture, including not more than 
eight permanent positions .... 12,950 44 

Total $24,097 64 

Milk Control Board: 

For personal services of members of the board 
and their employees, including not more than 
fifty-three permanent positions . . . $60,772 02 

For other administrative expenses of the board, 
including office expenses, rent, travel, and 
special services ..... 25,664 73 

For expenses in connection with certain activi- 
ties conducted in co-operation with the 
federal government, as authorized by section 
twenty-three of chapter ninety-four A of the 
General Laws 2,969 42 

Total $89,406 17 

Division of Livestock Disease Control: 
For the salary of the director . . . $2,333 33 
For personal services of clerks and stenogra- 
phers, including not more than eighteen per- 
manent positions ..... 14,041 39 
For services other than personal, traveling ex- 
penses of the director, office supplies and 
equipment, and rent 4,336 07 



74 



Acts, 1943. — Chap. 68. 



Item 
0907-04 



0907-05 
0907-06 



0907-07 



For personal services of veterinarians and 
agents engaged in the work of extermination 
of contagious diseases among domestic 
animals, including not more than fifteen full- 
time permanent positions and not more than 
fifty-seven permanent intermittent positions $31,621 78 

For traveling expenses of veterinarians and 
agents 4,679 06 

For reimbursement of owners of horses killed 
during the current fiscal period and previous 
years, travel, when allowed, of inspectors of 
animals, incidental expenses of killing and 
burial, quarantine and emergency services, 
and for laboratory and veterinary supplies 
and equipment ..... 852 26 

For reimbursement of owners of tubercular 
cattle killed, as authori;^ed by section twelve 
A of chapter one hundred and twenty-nine 
of the General Laws, and in accordance with 
certain provisions of law and agreements 
made under authority of section thirty-three 
of said chapter one hundred and twenty- 
nine, during the period December first, nine- 
teen hundred and forty-two to June thirtieth, 
nineteen hundred and forty-three, inclusive, 
and for the previous year .... 17,491 89 

Total $75,355 78 



Reimbursement of towns for inspectors of 
animals: 
0907-08 For the reimbursement of certain towns for 
compensation paid to inspectors of animals 

Division of Markets: 

0908-01 For personal services, including not more than 
twelve permanent positions 

0908-02 For other expenses ..... 

0908-03 For the cost of work of inspecting certain 
orchards within the commonwealth to pro- 
vide for effective apple pest control 

Total 



$4,393 92 



$15,824 31 
3,452 86 



72 32 
$19,349 49 



0909-01 

0909-02 
0909-11 



0909-12 



0909-21 



Division of Plant Pest Control and Fairs: 
For personal services, including not more than 

four permanent positions .... $5,349 47 
For travel and other expenses . . . 1,326 44 

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

rust 579 19 

For quarantine and other expenses in connec- 
tion with the work of suppression of the 
European corn borer, so called, to be in addi- 
tion to any amount heretofore appropriated 
for the purpose ..... 1,611 14 

For state prizes and agricultural exhibits in- 
cluding allotment of funds for the 4-H club 
activities 2,218 46 



Total 



$11,084 70 



Acts, 1943. — Chap. 68. 



75 



Item 



0910-01 



State Reclamation Board: 
For expenses of the board, including not more 
than hve permanent positions 



1,322 59 



Service of the Department of Conservation. 

Administration : 
1001-01 For the salary of the commissioner. . . $3,500 00 

1001-02 For traveling expenses of the commissioner . 240 00 

1001-03 For services other than personal, including 

printing, supplies and equipment, and rent . 3,472 89 

1001-04 For clerical and other assistance to the com- 
missioner, including not more than twelve 
permanent positions ..... 17,522 38 

Total $24,735 27 



Division of Forestr}': 

1002-01 For personal services of office assistants, in- 
cluding not more than four permanent posi- 
tions ....... 

1002-02 For services other than personal, traveling ex- 
penses, necessary office supplies and equip- 
ment, and rent ..... 

1002-11 For aiding towms in the purchase of equipment 
for extinguishing forest fires and for making 
protective belts or zones as a defence against 
forest fires for the current fiscal period and 
for previous years ..... 

1002-12 For personal services of the state fire warden 
and his assistants, and for other services, 
including traveling expenses of the state fire 
warden and his assistants, necessary suppHes 
and equipment and materials used in new 
construction in the forest fire prevention 
service, including not more than twelve 
permanent positions ..... 

1002-14 For the expenses of forest fire patrol, as au- 
thorized by section twenty-eight A of chapter 
forty-eight of the General Laws . 

1002-21 For the development of state forests, including 
not more than twenty-one permanent posi- 
tions, and including salaries and expenses of 
foresters and the cost of maintenance of such 
nurseries as may be necessary for the growing 
of seedlings for the planting of state forests, 
as authorized by sections one, six, nine and 
thirty to thirtj^-six, inclusive, of chapter one 
hundred and thirty-two of the General Laws, 
to be in addition to any amount heretofore 
appropriated for this purpose 

1002-31 For the suppression of the gypsy and brown 
tail moths, including not more than eight per- 
manent positions, and for expenses incidental 
thereto, to be in addition to any amount 
heretofore appropriated for the purpose 

Total 

Division of Fisheries and Game: 

1004-01 For the salary of the director 

1004-02 For personal services of office assistants, includ- 
ing not more than ten permanent positions . 



f3,709 15 
1,221 70 

736 91 



43,387 31 
1,497 05 



70,856 06 



21,602 80 
$143,010 98 

$2,916 62 
10,612 60 



76 



Acts, 1943. — Chap. 68. 



Item 
1004-03 



1004-11 



1004-12 



1004-21 



1004-22 



1004-31 



1004-32 



1004-35 



1004-41 
1004-42 
1004-45 



1004-46 



1004-47 



For services other than personal, traveling 
expenses and necessary office supplies and 
equipment, and rent ..... $2,848 02 

Enforcement of laws: 

For personal services of conservation officers, 
including not more than thirty-seven per- 
manent positions ..... 29,600 00 

For travehng expenses of conservation officers, 
and for other expenses necessary for the en- 
forcement of the laws .... 9,667 81 

Biological work: 
For personal services to carry on biological 

work, including not more than two permanent 

positions ....... 3,258 41 

For traveling and other expenses of the biologist 

and his assistants ..... 300 27 

Propagation of game birds, etc. : 
For personal services of employees at game 
farms and fish hatcheries, including not more 
than twenty-four permanent positions . 25,600 00 

For other maintenance expenses of game farms 
and fish hatcheries, and for the propagation 
of game birds and animals and food fish . 31,000 00 

Damages by wild deer and wild moose: 
For the payment of damages caused by wild 
deer and wild moose, for the current fiscal 
period and for previous years, as provided 
by law 1,844 43 

Supervision of public fishing and hunting 
grounds: 
For personal services ..... 1,677 06 

For other expenses . . . . . 310 45 

For expenses of providing for the establish- 
ment and maintenance of public fishing 
grounds ....... 950 15 

For the cost of construction and improvement 

of certain fishways ..... 804 95 

Special: 
For consultants and other personal services, 
and for expenses, in connection with a biolog- 
ical survey of the streams and waters of the 
commonwealth, to be made under the direc- 
tion of the commissioner of conservation, 
and to be in addition to any amount hereto- 
fore appropriated for the purpose . . 3,000 GO 

Total $124,390 77 



Division of Wild Life Research and Manage- 
ment: 
1004-51 For personal services, including not more than 

three permanent positions .... $3,734 15 
1004-52 For other expenses 503 24 

Total $4,237 39 

Division of Marine Fisheries: 
1004-70 For the salary of the director . $2,916 62 



Acts, 1943. — Chap. 68. 



77 



Item 
1004-71 



1004-72 



1004-81 



1004-82 



1004-83 



1004-84 



1004-90 



1004-91 



For personal services, including not more than 
six permanent positions; provided, that this 
appropriation shall not be used for the pay- 
ment of salaries of food inspectors regulating 
the sale and cold storage of fresh food fish . $6,121 87 

For services other than personal, traveling ex- 
penses, necessary office supplies and equip- 
ment, and rent ..... 1,940 58 

Enforcement of shellfish and other marine 
fishery laws: 

For personal services for the administration 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 permanent posi- 
tions of which not more than five shall be food 
inspectors regulating the sale and cold stor- 
age of fresh food fish 25,170 42 

For other expenses of thQ administration and 
enforcement of laws relative to shellfish and 
other marine fisheries and for regulating the 
Bale and cold storage of fresh food fish . . 5,391 59 

For expenses of purchasing lobsters, subject to 
the conditions imposed by section forty- 
three of chapter one hundred and thirty of 
the General Laws; provided, that the price 
paid for such lobsters shall not exceed the pre- 
vailing wholesale price for such lobsters in the 
district where purchased . . . . 154 50 

For the cost of assisting coastal cities and towns 
in the propagation of food fish and the sup- 
pression of enemies thereof, as authorized 
by section twenty of chapter one hundred 
and thirty of the General Laws . . . 4,050 66 

For services and expenses of the Atlantic States 
Marine Fisheries Commission, as authorized 
by chapter four hundred and eighty-nine of 
the acts of nineteen hundred and forty-one . 1,450 00 

Total $47,196 24 

Bounty on seals: 
For bounties on seals ..... $121 00 



Service of the Department of Banking and Insurance. 

Division of Banks: 
1101-01 For the salary of the commissioner . . . $3,500 00 
1101-02 For services of deputy, directors, examiners and 
assistants, clerks, stenographers and experts, 
including not more than one hundred and 
thirty-six permanent positions 
1101-03 For services other than personal, traveling ex- 
penses, office supplies and equipment . 

Total 

Supervisor of Loan Agencies: 
1102-01 For personal services of supervisor and assist- 
ants, including not more than seven perma- 
nent positions ...... 

1102-02 For services other than personal, office supplies 
and equipment ...... 

Total $8,847 63 



196,129 98 


32,354 61 


$231,984 59 


$8,202 00 


645 63 



78 



Acts, 1943. — Chap. 68. 



Item 

1103-01 
1103-02 



1103-03 



Division of Insurance: 
For the salary of the commissioner . . . $3,500 00 

For other personal services of the division, in- 
cluding expenses of the board of appeal and 
certain other costs of supervising motor ve- 
hicle liability insurance, and including not 
more than one hundred and fifty-eight perma- 
nent positions, partly chargeable to item 
2970-02 ........ 160,193 18 

For other services, including traveling expenses, 
necessary office supplies and equipment and 
rent of offices ...... 



Total 



34,255 02 
. $197,948 20 



1104-01 



Board of Appeal on Fire Insurance Rates: 
For expenses of the board . . . 



$20 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 ...... $28,058 42 

1105-02 For services other than personal, traveling ex- 
penses, rent and equipment . . 6,937 53 

Total $34,995 95 



Service of the Department of Corporations and Taxation. 

Corporations and Tax Divisions: 
1201-01 For the salary of the commissioner . . . $4,375 00 

1201-02 For the salaries of certain positions filled by the 
commissioner, with the approval of the gov- 
ernor and council, and for additional clerical 
and other assistance, including not more than 
one hundred and twenty-six permanent po- 
sitions, partly chargeable to item 2970-03; 
and it is hereby further provided that the sum 
of twenty-nine thousand dollars, which rep- 
resents the estimated cost of collection of 
alcoholic beverages taxes, so-called, and which 
is hereby included in this appropriation shall 
be transferred to the General Fund from fees 
collected under section twenty-seven of chap- 
ter one hundred and thirty-eight of the 
General Laws, as amended .... 120,894 63 
1201-03 For other services, necessary office supplies and 
equipment, travel, and for printing publica- 
tions and valuation books .... 



Total . 



23,917 31 
$149,186 94 



Administration of cigarette taxes: 
1201-11 For personal services for the administration of 
certain laws levying the cigarette taxes, so 
called, including not more than thirty-six 
permanent positions ..... $32,856 44 
1201-12 For expenses other than personal services for the 
administration of certain laws levying the 
cigarette taxes, so called .... 7,505 89 

Total $40,362 33 



Acts, 1943. — Chap. 68. 



79 



Item 



1201-21 



1201-22 



1202-01 



1202-02 



1203-01 



1203-02 
1203-11 



1203-12 
1203-21 

1204-01 
1204^02 



The following two items shall be payable 
from amounts collected under chapter 
sixty-four B of the General Laws: 
Excise upon charges for meals: 
For personal services of the director, assistant 
director, and other necessary employees for 
the administration of an excise on meals, 
including not more than thirty-two perma- 
nent positions ...... 

For expenses other than personal services for 
the administration of an excise on meals, as 
provided by chapter sixty-four B of the 
General Laws ...... 

Total 

Income Tax Division (the two following ap- 
propriations are to be made from the re- 
ceipts from the income tax): 
For personal services of the director, assistant 
director, assessors, deputy assessors, clerks, 
stenographers and other necessary assistants, 
including not more than two hundred and 
sixty-three permanent positions . 
For services other than personal, and for travel- 
ing expenses, office supplies and equipment, 
and rent ....... 

Total . . . . i . 

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 auditing and instal- 
ling systems of municipal accounts, the cost 
of which is to be assessed upon the municipali- 
ties 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, including not more than five 
permanent positions ..... 

Total 

Appellate Tax Board: 

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

For services other than personal, traveling ex- 
penses, office supplies and equipment, and 
rent ........ 

Total 



$31,557 06 



12,665 90 
$44,222 96 



$306,129 59 



75,004 65 



,134 24 



$54,342 51 
3,585 34 



123,982 71 

13,525 58 

4,458 51 
$199,894 65 

$52,081 94 

16,239 89 
$68,321 83 



Service of the Department of Education. 
1301-01 For the salary of the commissioner . . , $5,250 00 

1301-02 For personal services of officers, agents, clerks, 
stenographers and other assistants, includ- 
ing not more than forty-six permanent po- 
sitions, but not including those employed in 
university extension work .... 74,486 47 



80 



Acts, 1943. — Chap. 68. 



Item 

1301-03 For traveling expenses of members of the ad- 
visory board and of agents and employees 
when required to travel in discharge of their 
duties ....... 

1301-04 For services other than personal, necessary 
office supplies, and for printing bulletins as 
provided by law ..... 

1301-06 For printing school registers and other school 
blanks for cities and towns 

1301-07 For expenses of holding teachers' institutes 

1301-08 For aid to certain pupils in state teachers' col- 
leges, under the direction of the department 
of education ...... 

1301-09 For assistance to children of certain war veter- 
ans, for the current fiscal period and for pre- 
vious years, as authorized by chapter two 
hundred and sixty-three of the acts of nine- 
teen hundred and thirty, as amended . 

1301-10 For the maintenance and operation of the state 
building on Newbury street, Boston, includ- 
ing not more than four permanent positions . 

Total 



$1,941 24 



6,057 69 

250 08 
634 58 



2,000 00 



10,039 28 



9,364 85 
$110,024 19 



Specials : 
1301-25 For sponsorship of certain Works Projects Ad- 
ministration or other federal projects . $2,054 08 

Division of Vocational Education: 
1301-30 For aid to certain persons receiving instruction 
in the courses for vocational rehabihtation, 
as authorized by section twenty-two B of 
chapter seventy-four of the General Laws . $1,608 70 
1301-31 For the training of teachers for vocational 
schools, to comply with the requirement of 
federal authorities under the provisions of 
the Smith-Hughes act, so called, including 
not more than twenty permanent positions . 17,693 20 
1301-32 For the expenses of promotion of vocational 
rehabilitation in co-operation with the federal 
government, including not more than fifteen 
permanent positions . . . . . 34,114 28 

Total $53,416 18 



Education of deaf and blind pupils: 
1301-41 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 ..... 

Reimbursement and aid: 
1301-52 For the reimbursement of certain towns for the 
payment of tuition of pupils attending high 
schools outside the towns in which they re- 
side, as provided by law .... 

University Extension Courses: 
1301-61 For personal services, including not more than 

forty-four permanent positions . 
1301-62 For other expenses ..... 



$254,180 26 



$1,514 45 



^93,731 77 
17,489 51 



Total 



$111,221 28 



Acts, 1943. — Chap. 68. 



81 



Item 

English-speaking Classes for Adults: 

1301-64 For personal services of administration, includ- 
ing not more than four permanent positions . $6,843 32 

1301-65 For other expenses of administration . . 1,083 48 

Total $7,926 80 

Division of Immigration and Americaniza- 
tion: 
1302-01 For personal services, including not more than 

nineteen permanent positions . . . $21,688 78 
1302-02 For other expenses 3,537 11 

Total $25,225 89 

Division of Public Libraries: 
1303-01 For personal services of regular agents and 
office assistants, including not more than five 
permanent positions ..... $9,829 75 
1303-02 For other services, traveling expenses, neces- 
sary office supplies and expenses incidental to 
the aiding of public libraries . . . 6,464 19 

Total . $16,293 94 

Division of the Blind : 

1304-01 For general administration, furnishing informa- 
tion, industrial and educational aid, and for 
carrying out certain provisions of the laws 
establishing said division, including not more 
than twenty-two permanent positions . . $29,946 45 

1304-03 For the maintenance of local shops> including 

not more than nine permanent positions . 35,349 71 

1304-04 For maintenance of Woolson House industries, 
so called, to be expended under the authority 
of said division, including not more than four 
permanent positions ..... 36,960 02 

1304-05 For the maintenance of certain industries for 
men, to be expended under the authority of 
said division, including not more than six 
permanent positions ..... 89,203 02 

1304-06 For instruction of the adult blind in their homes, 
including not more than fourteen permanent 
positions 12,279 18 

1304-08 For aiding the adult blind, subject to the con- 
ditions provided by law .... 95,589 00 

1304-10 For expenses of administering and operating the 
services of piano tuning and mattress reno- 
vating under section twenty-five of chapter 
sixty-nine of the General Laws . . . 10,018 98 

Total $309,346 36 



Teachers' Retirement Board: 

1305-01 For personal services of employees, including 
not more than nine permanent positions 

1305-02 For services other than personal, traveling ex- 
penses, office supplies and equipment, and 
rent. ....... 

1305-03 For payment of pensions to retired teachers 

Total 



),986 59 



3,218 11 
792,348 71 

$805,553 41 



82 



Acts, 1943. — Chap. 68. 



Item 



1306-01 



1306-02 
1306-10 



Massachusetts Maritime Academy: 
For personal services of the secretary and office 
assistants, including not more than two per- 
manent positions ..... $2,383 94 
For services other than regular clerical services, 

rent, office supplies and equipment . . 1,021 86 

For the maintenance of the academy and ship, 
including not more than thirty-one perma- 
nent positions ...... 52,399 18 

Total ....... $55,804 98 



For the maintenance of the state teachers' 
colleges, and the boarding halls attached 

, thereto, with the approval of the commis- 

sioner of education, as follows: 

1307-00 State teachers' college at Bridgewater, includ- 
ing not more than sixty permanent positions $90,577 48 

1307-21 State teachers' college at Bridgewater, boarding 
hall, including not more than thirty perma- 
nent positions ...... 35,698 63 

1308-00 State teachers' college at Fitchburg, including 

not more than hfty-eight permanent positions 105,947 96 

1308-21 State teachers' college at Fitchburg, boarding 
hall, including not more than nine permanent 
positions 19,341 38 

1309-00 State teachers' college at Framingham, includ- 
ing not more than sixty-one permanent posi- 
tions 95,797 83 

1309-21 State teachers' college at Framingham, board- 
ing haU, including not more than twenty-five 
permanent positions ..... 33,916 80 

1310-00 State teachers' college at Hyannis, including 
not more than twenty-nine permanent posi- 
tions ■ . . 40,385 32 

1310-21 State teachers' college at Hyannis, boarding 
hall, including not more than five permanent 
positions ....... 7,734 78 

1311-00 State teachers' college at Lowell, including not 

more than forty permanent positions . . 45,439 81 

1312-00 State teachers' college at North Adams, includ- 
ing not more than twenty-nine permanent 
positions 38,679 09 

1312-21 State teachers' college at North Adams, board- 
ing hall, including not more than six perma- 
nent positions ...... 5,984 87 

1313-00 State teachers' college at Salem, including not 

more than lifty-one permanent positions . 73,583 17 

1314-00 State teachers' college at Westfield, including 

not more than thirty-five permanent positions 41,782 10 

1314^21 State teachers' college at Westfield, boarding 
hall, including not more than one permanent 
position 1,009 98 

1314—32 State teachers' college at Westfield, personal 
services and expenses of boarding hall for 
army signal corps trainees ; and any amounts 
heretofore expended for this purpose during 
the current fiscal period from funds available 
under chapter eighteen of the acts of the 
special session of nineteen hundred and forty- 
two are to be transferred to said funds from 
this appropriation ..... 44,000 00 

1315-00 State teachers' college at Worcester, including 

not more than forty-four permanent positions 52,850 78 



Acts, 1943. — Chap. 68. 



83 



Item 



1321-00 Massachusetts School of Ait, including not 

more than thirty-six permanent positions . $64,096 40 



Total 



$796,826 38 



Textile Schools: 

1331-00 For the maintenance of the Bradford 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 .... $38,498 51 

1332-00 For the maintenance of the Lowell textile insti- 
tute, with the approval of the commissioner 
of education and the trustees, including not 
more than sixty-one permanent positions . 106,338 31 

1333-00 For the maintenance of the New Bedford textile 
school, with the approval of the commissioner 
of education and the trustees, including not 
more than twenty-four permanent positions 38,599 99 

Total $183,436 81 



Massachusetts State College: 

1341-00 For maintenance and current expenses of the 
Massachusetts state college, with the ap- 
proval of the trustees, including not more 
than four hundred and eighty-one permanent 
positions ....... 

1341-77 For personal services for the maintenance of 
the boarding hall, including not more than 
thirty-five permanent positions . 

1341-78 For other expenses of the maintenance of the 
boarding hall ...... 

1341-79 The amounts appropriated in items 1341-00, 
1341-77 and 1341-78 are hereby made avail- 
able for necessary expenditures in connection 
with the establishment and maintenance of 
the proposed fighter command training 
school at the Massachusetts state college, 
and the sum of one hundred thousand dollars 
is hereby appropriated and made available 
for transfer, with the approval of the com- 
mission on administration and finance, to 
accounts in said items where the amounts 
otherwise available are insufficient for meet- 
ing additional expenses made necessary by 
the establishment and maintenance of said 
school ....... 

1341-82 For aid to certain students, with the approval 
of the trustees ...... 

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

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

1341-97 For expenses of research work in connection 
with the cultivation of beach plums, as au- 
thorized by chapter five hundred and thirty- 
four of the acts of nineteen hundred and 
forty-one ....... 



$669,050 04 

22,616 73 
41,024 98 



Total . 



100,000 00 
2,079 15 

2,788 92 
2,000 00 

95 79 
. $839,655 61 



84 



Acts, 1943. — Chap. 68. 



Service of the DeparUnent of Civil Service and Registration. 



Item 

Division of Civil Service : 

1402-01 For the salary of the director and for the com- 
pensation of members of the commission 

1402-02 For other personal services of the division, in- 
cluding not more than one hundred and five 
permanent positions ..... 

1402-03 For other services, oflfice supplies and equip- 
ment necessary for the administration of the 
civil service law ..... 

Total 

Division of Registration: 
1403-01 For the salary of the director 
1403-02 For clerical and certain other personal services 

of the division, including not more than 

thirty-six permanent positions 
1403-03 For services of the division other than personal, 

office supplies and equipment, except as 

otherwise provided ..... 

Total ....... 

Board of Registration in Medicine: 
1404-01 For personal services of the members of the 
board, including not more than seven perma- 
nent positions ...... 

1404-03 For travehng expenses ..... 

Total 

Board of Dental Examiners: 

1405-01 For personal services of the members of the 
board, including not more than five perma- 
nent positions ...... 

1 105-02 For traveling expenses ..... 

Total 

Board of Registration in Chiropody: 
1406-01 For personal services of members of the board, 
including not more than five permanent posi- 
tions ....... 

1406-02 For traveling expenses ..... 

Total 

Board of Registration in Pharmacy: 
1407-01 For personal services of the members of the 
board, 'including not more than five perma- 
nent positions ...... 

1407-02 For personal services of agents and investiga- 
tors, including not more than four perma- 
nent positions ...... 

1407-03 For traveling expenses ..... 

Total 

Board of Registration in Nursing: 
1408-01 For personal services of the members of the 

board, and of the appointive members of 

the approving authority, including not more 

than ten permanent positions 
1408-02 For traveling expenses ..... 



B,081 67 



102,246 45 



18,243 10 



,571 22 



$1,433 35 



39,516 76 



9,507 57 
$50,457 68 



5,675 00 
300 00 

J,975 00 



$2,216 66 
248 40 

$2,465 06 



$525 00 
155 96 

$680 96 



$2,508 36 



4,853 35 
1,244 17 

$8,605 88 



$1,987 09 
600 00 



Total . 



$2,587 09 



Acts, 1943. — Chap. 68. 



85 



Item 

Board of Registration in Embalming and 
Funeral Directing: 

1409-01 For personal services of members of the board, 
including not more than three permanent 
positions ....... $875 01 

1409-02 For traveling expenses 1,015 63 

Total $1,890 64 

Board of Registration in Optometry: 
1410-01 For personal services of members of the board, 
including not more than five permanent 
positions ....... $1,108 30 

1410-02 For traveling expenses ..... 134 72 

Total $1,243 02 

Board of Registration in Veterinary Medicine: 
1411-02 For other services, traveling expenses, office 

supplies and equipment .... $26 95 

Board of Registration of Professional En- 
gineers and of Land Surveyors: 
1412-01 For personal services and other expenses, in- 
cluding travel $1,500 00 

Board of Registration of Architects: 
1413-01 For personal services and other expenses, in- 
cluding travel $1,204 94 

Board of Registration of Public Accountants : 
1414-01 For personal services of members of the board, 
including not more than five permanent posi- 
tions $393 82 

1414-02 For expenses of examinations, including the 
preparation and marking of papers, and for 
other expenses ...... 923 74 

Total $1,317 56 

State Examiners of Electricians : 
1416-01 For personal services of members of the board, 
including not more than two permanent 

positions $583 24 

1416-02 For travehng expenses 2,026 00 

Total $2,609 24 

State Examiners of Plumbers: 
1417-01 For personal services of members of the board, 
including not more than three permanent 
positions ....... $641 62 

1417-02 For traveling exiienses 765 43 

Total $1,407 05 

Board of Registration of Barbers: 
1420-01 For personal services of members of the board 
and assistants, including not more than eight 
permanent positions ..... $9,949 96 
1420-02 For travel and other necessary expenses, in- 
cluding rent 3,007 39 



Total 



$12,957 35 



86 



Acts, 1943. — Chap. 68. 



Item 



1421-01 



1421-02 



Board of Registration of Hairdressers: 
For personal services of members of the board 
and assistants, including not more than 
eighteen permanent positions 
For travel and other necessary expenses, in- 
cluding rent ...... 

Total 



$17,971 55 

5,156 20 

$23,127 75 



Service of the Department of Industrial Accidents. 

1501-01 For personal services of members of the board, 
including not more than seven permanent 
positions . . . . . . . $23,291 62 

1501-02 For personal services of secretaries, inspectors, 
clerks and office assistants, including not 
more than eighty-seven permanent positions 91,006 08 

1501-03 For traveling expenses 3,385 70 

1501-04 For other services, necessary office supplies 

and equipment ..... 6,812 48 

1501-05 For expenses of impartial examinations, and 
for expenses of industrial disease referees, as 
authorized by section nine B of chapter one 
hundred and fifty-two of the General Laws 12,638 50 

Total $137,134 38 



Service of the Department of Labor and Industries. 

1601-01 For the salaries of the commissioner, assistant 
and associate commissioners, including not 
more than five permanent positions . . $13,708 32 

1601-02 For clerical and other assistance to the commis- 
sioner, including not more than four perma- 
nent positions ...... 3,550 46 

1601-11 For personal services for the inspectional 
services, including not more than sixty-six 
permanent positions, and for traveling ex- 
penses of the commissioner, assistant com- 
missioner, associate commissioners and in- 
spectors of labor, and for services other than 
personal, rent of district offices, and office 
supplies and equipment for the inspectional 
service 99,461 23 

1601-31 For personal services for the division of occupa- 
tional hygiene, including not more than five 
permanent positions ..... 7,809 16 

160i-32 For services other than personal, traveling 
expenses, office and laboratory supplies and 
equipment, and rent, for the division of occu- 
pational hygiene ..... 2,822 66 

1601-41 For personal services for the statistical service, 
including not more than thirty-five perma- 
nent positions, and for services other than 
personal, printing report and publications, 
traveling expenses and office supplies and 
equipment for the statistical service . . 42,503 77 

1601-51 For personal services for the division on neces- 
saries of life, including not more than five 
permanent positions ..... 6,271 60 

1601-52 For services other than personal, traveling ex- 
penses, office supplies and equipment for the 
division on necessaries of life . . . 688 43 



Acts, 1943. — Chap. 68. 87 

Item 

1601-53 For personal services in administering sections 
two hundred and ninety-five A to two hun- 
dred and ninety-five O, inclusive, of chap- 
ter ninety-four of the General Laws, relating 
to the advertising and sale of motor fuel at 
retail, including not more than twelve per- 
manent positions ..... $12,299 88 

1601-54 For other expenses in administering said sec- 
tions two hundred and ninety-five A to two 
hundred and ninety-five O, inclusive . . 3,083 30 

1601-61 For clerical and other assistance for the board 
of conciliation and arbitration, including not 
more than seven permanent positions . . 14,526 60 

1601-62 For other services, printing, traveling expenses 
and office supplies and equipment for the 
board of conciliation and arbitration . . 2,709 58 

1601-71 For personal services of investigators, clerks 
and stenographers for the minimum wage 
service, including not more than eighteen per- 
manent positions ..... 16,701 18 

1601-72 For services other than personal, printing, 
traveling expenses and office supplies and 
equipment for minimum wage service . . 1,525 91 

1601-73 For compensation and expenses of wage boards 862 16 

1601-81 For personal services for the division of stand- 
ards, including not more than sixteen perma- 
nent positions ...... 17,816 31 

1601-82 For other services, printing, traveling expenses 
and office supplies and equipment for the di- 
vision of standards ..... 6,423 41 



Total $251,763 96 



Massachusetts Development and Industrial 
Commission: 

1603-01 For personal services of employees, including 

not more than five permanent positions . $7,995 60 

1603-02 For administrative ex-penses, including office 
rent and other incidental expenses, and for the 
promotion and development of the industrial, 
agricultural and recreational resources of the 
commonwealth ..... 7,513 46 

Total $15,509 06 

Labor Relations Commission: 
1604-01 For personal services of the commissioners and 

employees, including not more than twenty 

permanent positions ..... $31,539 71 
1604-02 For administrative expenses, including office 

rent 3,628 65 

Total $35,168 36 



Division of Apprentice Training: 
1605-01 For personal services of the members of the 
apprenticeship council, the director of ap- 
prenticeship, and clerical and other assistants, 
as authorized by sections eleven E to eleven 
L, inclusive, of chapter twenty-three of the 
General Laws, including not more than eight 
permanent positions ..... $1,600 00 



88 



Acts, 1943. — Chap. 68. 



Item 
1605-02 



For other expenses, including travel, as author- 
ized by sections eleven E to eleven L, inclu- 
sive, of chapter twenty-three of the General 
Laws ....... 

Total 



$769 49 



$2,369 49 



Service of the Deparlment of Menial Health. 

1701-01 For the salary of the commissioner . . . $5,833 32 

1701-02 For personal services of officers and employees, 

including not more than eighty permanent 

positions 98,453 09 

1701-03 For transportation and medical examination of 

state charges under its charge . . . 813 10 

1701-04 For other services, traveling expenses, office 

supplies and equipment, and rent . . 20,675 52 

1701-11 For the support of state charges in the Hospital 

Cottages for Children .... 12,015 71 

Total . $137,790 74 

Division of Mental Hygiene: 
1702-00 For expenses, including not more than sixty-two 
permanent positions, of investigating the na- 
ture, causes and results of mental diseases 
and defects and the publication of the results 
thereof, and of what further preventive or 
other measures might be taken and what fur- 
ther expenditures for investigation might be 
made which would give promise of decreasing 
the number of persons afflicted with mental 
diseases or defects ..... $65,167 11 
1702-21 For the cost of boarding certain feeble-minded 

persons in private homes .... 2,088 01 

Total $67,255 12 

For the maintenance of the following insti- 
tutions under the control of the Depart- 
ment of Mental Health: 

1710-00 Boston psychopathic hospital, including not 
more than one hundred and fifty-six perma- 
nent positions $155,301 16 

1711-00 Boston state hospital, including not more than 
seven hundred and thirty-two permanent 
positions 658,074 32 

1712-00 Danvers state hospital, including not more than 

five hundred and fifty-six permanent positions 613,275 26 

1713-00 Foxborough state hospital, including not more 
than three hundred and thirty-six perma- 
nent positions 354,515 49 

1714-00 Gardner state hospital, including not more than 
three hundred and thirty-seven permanent 
positions . .■ . . 406,832 14 

1715-00 Grafton state hospital, including not more than 
four hundred and sixty-four permanent po- 
sitions . ■ . . . . 472,652 51 

1716-00 Medfield state hospital, including not more than 

four hundred and eighty permanent positions 476,202 26 

1717-00 Metropolitan state hospital, including not more 
than four hundred and sixteen permanent 
positions 468,876 16 



Acts, 1943. — Chap. 68. 



89 



Item 

1718-00 Northampton state hospital, including not more 
than four hundred and eighty-one permanent 
positions ....... $483,663 45 

1719-00 Taunton state hospital, including not more than 
four hundred and seventy-two permanent 
positions 443,024 20 

1720-00 Westborough state hospital, including not more 
than four hundred and twenty-five permanent 
positions 443,782 90 

1721-00 Worcester state hospital, including not more 
than six hundred and thirty-four permanent 
positions ....... 666,761 44 

1722-00 Monson state hospital, including not more than 

four hundred and fifteen permanent positions 440,731 95 

1722-26 For certain improvements and additions to the 
water supply system at the Monson state 
hospital, to be in addition to any amount 
heretofore appropriated for the purpose . 7,000 00 

1723-00 Belchertown state school, including not more 
than three hundred and two permanent posi- 
tions 340,123 16 

1724-00 Walter E. Fernald state school, including not 
more than four hundred and sixty-seven per- 
manent positions ..... 488,938 60 

1725-00 Wrentham state school, including not more 
than four hundred and eight permanent po- 
sitions 463,456 89 

Total $7,383,211 89 



Service of the Department of Correction. 

1801-01 For the salary of the commissioner . . . $3,500 00 
1801-02 For personal services of deputies, agents, clerks 

and stenographers, including not more than 

twenty-two permanent positions . . 27,386 45 

1801-03 For services other than personal, necessary 

office supplies and equipment . . . 2,585 42 

1801-04 For traveling expenses of officers and employees 

of the department, when required to travel 

in the discharge of their duties . . . 353 96 

1801-05 For the removal of prisoners, to and from state 

institutions 4,268 90 

1801-06 For assistance to discharged prisoners . . 343 10 

1801-07 For the expense of the service of the central 

index 500 00 

Total $38,937 83 

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 ...... $13,336 39 

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 . . $55,088 00 

1801-22 For services other than personal, including 

necessary office supplies and equipment . 2,161 04 



90 



Acts, 1943. — Chap. 68. 



Item 

1801-23 



For traveling expenses of officers and employees 
of the parole board when required to travel 
in the discharge of their duties . . . $6,912 43 

Total $64,161 47 



For the maintenance of the following insti- 
tutions under the control of the Department 
of Correction: 

1802-00 State farm, including not more than three hun- 
dred and seventy-eight permanent positions $550,870 84 

1803-00 State prison, including not more than one hun- 
dred and forty permanent positions . . 284,073 16 

1805-00 Massachusetts reformatory, including not more 
than one hundred and sixty-three permanent 
positions 326,247 94 

1806-00 Reformatory for women, including not more 
than one hundred and three permanent posi- 
tions 156,270 71 

1807-00 State prison colony, including not more than 
one hundred and seventy-five permanent po- 
sitions ....... 



Total 



299,228 57 
$1,616,691 22 



Service of the Department of Public Welfare. 

Administration : 
1901-01 For the salary of the commissioner . . . $4,083 33 

1901-02 For personal services of officers and employees, 
including not more than thirty-one perma- 
nent positions ...... 34,086 47 

1901-03 For services other than personal, traveling ex- 
penses, including expenses of auxiliary visitors, 
office supplies and expenses . « . 1,731 39 

Total $39,901 19 

State Board of Housing: 
1902-01 For personal services, including not more than 

nine permanent positions .... $10,982 49 
1902-02 For expenses, as authorized by section eighteen 

of chapter eighteen of the General Laws . 2,829 64 

Total $13,812 13 



1904-01 



1904-02 



1906-01 



1906-02 



Division of Aid and Relief : 

For personal services of officers and employees, 
including not more than one hundred and 
thirty-nine permanent positions . . . $139,644 47 

For services other than personal, including 
traveling expenses and office supplies and 
equipment 11,234 26 

Total $150,878 73 

Division of Child Guardianship : 
For personal services of officers and employees, 

including not more than one hundred and 

thirty-six permanent positions . . . $147,382 50 

For services other than personal, office supplies 

and equipment ...... 3,767 78 



Acts, 1943. — Chap. 68. 



91 



Item 
1906-03 



1907-05 
1907-07 
1907-08 
1907-09 
1907-10 



1908-01 
1908-02 

1908-11 

1908-12 
1908-13 

1908-31 

1908-32 



$797,968 91 



,119 19 



For the care and maintenance of children, in- 
cluding not more than two permanent posi- 
tions ....... 

Total 

The following items are for reimbursement 
of cities and towns, and are to be in addi- 
tion to any unexpended balances of appro- 
priations heretofore made for the purpose : 

For the payment of suitable aid to certain de- 
pendent children .... $1,900,000 00 

For the burial by cities and towns of indigent 

persons who have no legal settlement . . 16,509 85 

For expenses in connection with smallpox and 

other diseases dangerous to the public health 124,430 50 

For the support of sick indigent persons who 

have no legal settlement .... 279,646 45 

For temporary aid given to indigent persons 
with no legal settlement, and to shipwrecked 
seamen by cities and towns, and for the trans- 
portation of indigent persons under the 



charge of the department 
Total 



. 3,000,000 00 
$5,320,586 80 



1915-00 



Division of Juvenile Training, Trustees of 
Massachusetts Training Schools: 

For services of the secretary and certain other 
persons employed in the executive office, in- 
cluding not more than nine permanent posi- 
tions $9,487 15 

For services other than personal, traveling and 
other expenses of the members of the board 
and employees, office supplies and equipment 904 49 

Boys' Parole: 

For personal services of agents in the division 
for boys paroled and boarded in families, in- 
cluding not more than twenty-two permanent 
positions . 28,706 05 

For services other than personal, including 
traveling expenses of the agents and boys, 
and necessary office supplies and equipment 9,112 57 

For board, clothing, medical and other expenses 

incidental to the care of boys . , , 7,392 44 

Girls' Parole: 

For personal services of agents in the division 
for girls paroled from the industrial school for 
girls, including not more than eighteen perma- 
nent positions ...... 20,237 72 

For traveling expenses of said agents for girls 
paroled, for board, medical and other care of 
girls, and for services other than personal, 
office supplies and equipment . . . 7,909 86 

Total . . . . . . . $83,750 28 

For the maintenance of the institutions under 
the control of the trustees of the Massa- 
chusetts training schools, with the ap- 
proval of said trustees, as follows: 
Industrial school for boys, including not more 

than one hundred permanent positions . $114,199 21 



92 



Acts, 1943. — Chap. 68. 



Item 
1916-00 

1917-00 



1918-00 



1919-00 



2001-01 
2001-02 



2001-03 

2003-01 
2003-02 

2004-01 
2004-02 

2005-01 
2005-02 

2006-01 
2006-02 



Industrial school for girls, including not more 

than eighty-nine permanent positions . . $96,634 03 

Lyman school for boys, including not more 
than one hundred and thirty-eight perma- 
nent positions ...... 181,875 32 

Massachusetts Hospital School: 
For the maintenance of the Massachusetts 
hospital school, including not more than one 
hundred and fifty-two permanent positions, 
to be expended with the approval of the 
trustees thereof 143,183 58 

Tewksbury State Hospital and Infirmary: 
For the maintenance of the Tewksbury state 
hospital and inlirmary, including not more 
than six hundred and eighty-five permanent 
positions, to be expended with the approval 
of the trustees thereof .... 769,071 47 

Total $1,304,963 61 

Service of the Department of I'uhlic Health. 

Administration : 
For the salary of the commissioner . . . $4,375 00 

For personal services of the health council and 
office assistants, including not more than 
twenty-three permanent positions . . 14,226 33 

For services other than personal, traveling ex- 
penses, office supplies and equipment . . 5,009 66 

Service of Adult Hygiene (cancer) : 
For personal services of the division, including 
not more than twenty-two permanent posi- 
tions 22,814 97 

For other expenses of the division, including 
cancer clinics ...... 19,860 21 

Service of Child and Maternal Hygiene: 
For personal services of the director and assist- 
ants, including not more than thirty-one 
permanent positions ..... 35,302 63 
For services other than personal, traveling 

expenses, office supplies and equipment . 7,462 23 

Division of Communicable Diseases: 
For personal services of the director, district 
health officers and their assistants, epidemi- 
ologists, bacteriologists and assistants in the 
diagnostic laboratory, including not more 
than thirty permanent positions . . . 43,434 61 

For services other than personal, traveling ex- 
penses, laboratory, office and other necessary 
supplies, including the purchase of animals 
and equipment, and rent of certain offices . 5,879 50 

Venereal Diseases: 

For personal services for the control of venereal 
diseases, including not more than eight per- 
manent positions ..... 7,865 01 

For services other than personal, traveling 
expenses, office supplies and equipment, to 
be in addition to any amount heretofqre 
appropriated for the purpose . . . 149,225 93 



Acts, 1943. — Chap. 68. 



93 



Item 

Wassermann Laboratory: 

2007-01 For personal services of the Wassermann labo- 
ratory, including not more than fifteen per- 
manent positions ..... 

2007-02 For expenses of the Wassermann laboratory . 

Antitoxin and Vaccine Laboratories: 
2007-07 For personal services in the investigation and 
production of antitoxin and vaccine lymph 
and other specific material for protective 
inoculation and diagnosis of treatment, in- 
cluding not more than forty-seven perma- 
nent positions ...... 

2007-08 For other services, supplies, materials and 
equipment necessary for the production of 
antitoxin and other materials as enumerated 
above, and for rent ..... 

Inspection of Food and Drugs: 
2012-01 For personal services of the director, analysts, 

inspectors and other assistants, including 

not more than thirty permanent positions . 
2012-02 For other services, including traveling expenses, 

supplies, materials and equipment 

Shellfish Enforcement Law: 
2013-01 For personal services for administering the law 

relative to shellfish, including not more than 

one permanent position .... 
2013-02 For other expenses for administering the law 

relative to shellfish ..... 

Water Supply and Disposal of Sewage: 

2015-01 For personal services of directors, engineers, 

chemists, clerks and other assistants in the 

division of engineering and the division of 

laboratories, including not more than fifty 

permanent positions ..... 

2015-02 For other services, including traveling expenses, 

supplies, materials and equipment, for the 

division of engineering and the division of 

■ laboratories ...... 

Total 



$11,332 73 
3,575 68 



42,737 40 


13,987 


12 


37,492 


82 


5,143 


74 


1,101 


67 


195 36 



67,652 23 

8,039 44 
,714 27 



Division of Tuberculosis: 

2020-01 For personal services of the director, stenog- 
raphers, clerks and other assistants, includ- 
ing not more than nineteen permanent posi- 
tions $26,037 50 

2020-02 For services other than personal, traveling 

expenses and office supplies and equipment . 1,141 54 

2020-03 For expenses of hospitalization of certain 
patients suffering from chronic rheumatism, 
as authorized by section one hundred and 
sixteen A of chapter one^ hundred and eleven 
of the General Laws, to be in addition to 
any amount heretofore appropriated for the 
purpose ....... 17,510 05 

2020-21 For personal services for certain children's 
clinics for tuberculosis, including not more 
than seventeen permanent positions . . 21,916 54 

2020-22 For other services for certain children's clinics 

for tuberculosis ..... 7,456 61 



Total 



$74,062 24 



94 



Acts, 1943. — Chap. 68. 



Item 



2022-00 



2023-00 



2024-00 



2025-00 



2025-22 



For the maintenance of the sanatoria, as 
follows : 

Lakeville state sanatorium, including not more 
than two hundred and twenty-five perma- 
nent positions S202,914 11 

North Reading state sanatorium, including 
not more than one hundred and eighty-five 
permanent positions ..... 158,238 34 

Rutland state sanatorium, including not more 
than two hundred and thirty-five permanent 
positions 226,040 85 

Westiield state sanatorium, including not more 
than two hundred and ninety-one permanent 
positions 265,484 04 

For the purchase and installation of certain 
coal burning equipment in the power plant 
at the Westfield state sanatorium . . 36,000 00 



Pondville Hospital: 
2031-00 For maintenance of the Pondville hospital, 
including care of radium, and including not 
more than two hundred and thirty-six perma- 
nent positions ...... 

Total $ 



209,804 03 
,098,481 37 



Service of the Department of Public Safetfj. 

Administration : 
2101-01 For the salary of the commissioner. . . $3,500 00 

2101-02 For personal services of clerks and stenogra- 
phers, including not more than sixty-seven 
permanent positions ..... 60,576 47 
2101-03 For contingent expenses, 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 expenses of administering the law 
regulating the sale and resale of tickets to 
theatres and other places of public amuse- 
ment by the department of public safety . 26,577 16 

Total $90,653 63 

Division of State Police: 

2102-01 For the salaries of officers and detectives, in- 
cluding not more than three hundred and 
eighteen permanent positions partly charge- 
able to item 2970-04, and for the salary of 
one permanent state police crime prevention 
and juvenile delinquency investigator . . $125,639 00 

2102-02 For personal services of civilian employees, 
including not more than one hundred and six 
permanent positions ..... 74,559 50 

2102-03 For other necessary expenses of the uniformed 
division, including traveling expenses of de- 
tectives, to be in addition to the amounts 
appropriated in item 2970-05 . . . 105,000 00 

2102-04 For expert assistance to the commissioner and 
for maintenance of laboratories, including 
not more than four permanent positions . 6,742 62 



Total 



$311,941 12 



Acts, 1943. — Chap. 68. 95 

Item 

Fire Prevention Service: 

2103-01 For the salary of the state fire marshal . . $2,333 33 

2103-02 For personal services of fire and other inspec- 
tors, including not more than nineteen per- 
manent positions ..... 24,004 98 

2103-03 For other services, office rent and necessary 

office supplies and equipment . . . 1,467 35 

2103-04 For travehng expenses of lire and other inspec- 
tors 4,376 23 



Total $32,181 89 

Division of Inspection: 

2104-01 For the salary of the chief of inspections . . $2,333 33 

2104-02 For services, supplies and equipment necessary 
for investigations and inspections by the 
division ....... 339 57 

2104-11 For the salaries of officers for the building 
inspection service, including not more than 
twenty-one permanent positions . . . 28,954 27 

2104-12 For traveling expenses of officers for the build- 
ing inspection service .... 5,746 56 

2104-21 For the salaries of officers for the boiler inspec- 
tion service, including not more than twenty- 
six permanent positions .... 38,587 06 

2104-22 For traveling expenses of officers for the boiler 

inspection service ..... 4,780 08 



Total $80,740 87 

Board of Boiler Rules: 

2104-31 For personal services of members of the board, 
including not more than four permanent 
positions ....... $583 32 

2104-32 For services other than personal and the neces- 
sary traveling expenses of the board . . 63 40 



Total $646 72 

State Boxing Commission: 

2105-01 For compensation and clerical assistance for 
the state bo.xing commission, including not 
more than five permanent positions . . $5,829 87 

2105-02 For other expenses of the commission . . 3,485 46 

Total $9,315 33 



Service of the Department of Public Works. 

2201-01 For administering the law relative to advertis- 
ing signs near highways, including not more 
than six permanent positions . . . $10,204 03 

Functions of the department relating to 
waterways and public lands: 

2202-01 For personal services of the director, chief 
engineer and assistants, including not more 
than seventy-six permanent positions . . 36,188 98 

2202-02 For services other than personal, including 
printing pamphlet of laws, and for necessary 
office and engineering supplies and equip- 
ment 911 33 



96 



Acts, 1943. — Chap. 68. 



Item 
2202-03 



2202-06 
2202-07 



2202-08 



2202-09 



2202-13 



For the care and maintenance of the province 
lands and of the lands acquired and struc- 
tures erected by the Provincetown tercente- 
nary commission, including not more than 
five permanent positions .... 

For the maintenance and repair of certain prop- 
erty in the town of Plymouth 

For the operation and maintenance of the New 
Bedford state pier, including not more than 
three permanent positions .... 

For the operation and maintenance of the Cape 
Cod Canal pier, including not more than one 
permanent position ..... 

For the maintenance of structures, and for re- 

E airing damages along the coast line or river 
anks of the commonwealth, and for the re- 
moval of wrecks and other obstructions from 
tide waters and great ponds 
For expenses of surveying certain town bound- 
aries, by the department of public works 

Total 



$4,238 52 
2,047 92 

4,838 60 

2,219 94 



3,840 77 

40 77 

$64,590 86 



Service of the Department of Public Utilities. 

2301-01 For personal services of the commissioners, 
including not more than five permanent posi- 
tions $20,844 44 

2301-02 For personal services of secretaries, employees 
of the accounting division, engineering divi- 
sion, and rate and tariff division, including 
not more than sixteen permanent positions . 29,955 10 

2301-03 For personal services of the inspection division, 
including not more than twenty permanent 
positions ....... 30,817 57 

2301-04 For personal services of clerks, messengers and 
office assistants, including not more than ten 
permanent positions ..... 9,974 80 

2301-05 For personal services of the telephone and tele- 
graph division, including not more than 
seven permanent positions .... 11,318 32 

2301-06 For traveling expenses of the commissioners 

and employees ...... 1,221 35 

2301-07 For other services, necessary office supphes and 

equipment 4,561 40 

2301-08 For stenographic reports of evidence at inquests 
held in cases of death by accident on or about 
railroads ....... 32 50 

Total $108,725 48 

Special Investigations : 
The unexpended balance of the appropriations 
made by Item 2301-09 of chapter four hun- 
dred and nineteen of the acts of nineteen 
hundred and forty-one, as amended by chap- 
ter six hundred and eighty-three of the acts 
of said year, is hereby reappropriated. 

Investigation of Gas and Electric Light 
Meters : 
2302-01 For personal services of the division of inspec- 
tion of gas and gas meters, including not 
more than twelve permanent positions . $13,995 03 



Acts, 1943. — Chap. 68. 



97 



Item 
2302-02 



2302-03 



2304-01 



2304-02 



2308-01 



2308-02 



For expenses of the division of inspection of gas 
and gas meters, including traveling and other 
necessary expenses of inspection . . . $1,611 32 

For the examination and tests of electric meters 34 42 

, Total $15,640 77 

Commercial Motor Vehicle Division: 
For personal services of the director and assist- 
ants, including not more than thirty-two per- 
manent positions ..... $17,636 29 
For other services, necessary office supplies and 

equipment, and for rent .... 5,984 47 

Total $23,620 76 

Sale of Securities : 

For personal services in administering the law 
relative to the sale of securities, including not 
more than twelve permanent positions . $14,089 57 

For expenses other than personal in adminis- 
tering the law relative to the sale of securities 843 61 

Total $14,933 18 



Interest on the Public Debt. 

2410-00 For the payment of interest on the direct debt 
of the commonwealth, to be in addition to the 
amounts appropriated in item 2951-00 



$62,208 50 



Requirements for Extinguishing the State Debt. 

2420-00 For sinking fund requirements and for certain 
serial bonds maturing .... 



$85,000 00 



Unclassified Accounts and Claims. 

2805-01 For the paj'ment of certain annuities and pen- 
sions of soldiers and others under the provi- 
sions of certain acts and resolves . . $4,952 36 

2805-02 For payment of any claims, as authorized by 
section eighty-nine of chapter thirty-two of 
the General Laws, for allowances to the fami- 
lies of members of the department of public 
safety doing police duty killed or fatally in- 
jured in the discharge of their duties . . 6,748 77 

2811-01 For the compensation of veterans of the civil 
war formerly in the service of the common- 
wealth, now retired ..... 577 50 

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 . 83,626 32 

2811-03 For the compensation of certain prison officers 
and instructors formerly in the service of the 
commonwealth, now retired . . . 34,423 13 

2811-04 For the compensation of state police officers 
formerly in the service of the commonwealth, 
now retired 4,983 16 

281 1-05 For the compensation of certain women formerly 
employed in cleaning the state house, now 
retired 234 92 



98 



Acts, 1943. — Chap. 68. 



Item 
2820-02 



2820-04 



For small items of expenditure for which no ap- 
propriations have been made, and for cases in 
which appropriations have been exhausted or 
have reverted to the treasury in previous 
years $500 GO 

For the compensation of certain public em- 
ployees for injuries sustained in the course of 
their employment, as provided by section 
sixty-nine of chapter one hundred and fifty- 
two of the General Laws, for the current fiscal 
period and for previous years, to be in addi- 
tion to the amount appropriated by item 
2970-07 25,000 00 

Total $161,046 16 



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 . . . $8,531 25 

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 3,510 00 

2921-03 For travehng expenses of the commissioners, to 
be in addition to the amounts appropriated 
in item 3131-03 575 00 

2921-04 For telephone service in the public works build- 
ing, including not more than six permanent 
positions, partly chargeable to item 3131-04 9,313 00 

Total $21,929 25 

Public Works Building: 

2922-01 For personal services for the maintenance and 
operation of the public works building, in- 
cluding not more than sixty-three permanent 
positions $53,150 00 

2922-02 For the salaries of guards for the public works 
building, including expense of uniforms, and 
including not more than seventeen perma- 
nent positions . . . ... . 19,250 00 

2922-03 For other expenses for the maintenance and 

operation of the public works building . 24,600 00 

Total $97,000 00 



2900-01 



Functions of the department relating to high- 
ways: 
The following items are for expenses for the 
current fiscal period, and for previous 
years : 
For personal services and expenses of the de- 
partment secretary, department business 
agent, and for vacation, sick leave, and other 
compensated absence in the highway division $207,000 00 



Acts, 1943. — Chap. 68. 



99 



Item 
2900-02 



2900-04 



2900-09 
2900-10 



2900-17 
2900-18 



For personal services and expenses of adminis- 
trative and engineering services performed in 
connection with all highway activities; for 
payment of damages caused by defects in 
state highwavs, with the approval of the 
attorney general $904,000 00 

For the maintenance and repair of state high- 
ways and bridges, control of snow and ice on 
state highways and town roads, and for the 
maintenance of traffic signs and signals . 1,958,000 00 

For the construction and reconstruction of state 

highways by state forces .... 20,000 00 

For projects for the construction of state high- 
ways and grade crossing elimination for which 
there are agreements for reimbursement from 
the federal government, and for land dam- 
ages, the sum of two million one hundred 
thousand dollars is hereby appropriated, in- 
cluding an estimated receipt from the federal 
government of one million one hundred thou- 
sand dollars. It is provided further that all 
sums received from the federal government as 
reimbursement for expenditures previously 
made shall be credited to the Highway Fund 2,100,000 00 

For maintenance project payments for the con- 
struction and repair of town and county ways 331,000 00 

For aiding towns in the repair and improvement 
of pubUc ways 1,145,125 00 



Special : 
2900-50 1 There is hereby established a Public Works 
2900-55 / Stores and Equipment account to finance the 
operation and maintenance of equipment, 
acquisition of stores, materials, stock manu- 
facturing and nursery operation. The comp- 
troller is hereby authorized to certify for pay- 
ment liabilities incurred for this purpose not 
in excess of an amount to be charged»to the 
appropriations listed above. It is further 
provided that the expenses for capital outlay 
during the current fiscal period shall not ex- 
ceed thirty-six thousand dollars. This fund 
shall be operated subject to such rules and 
regulations as may be established by the com- 
mission on administration and finance. 

Total $6,665,125 00 



2900-01 
2900-02 

2900-04 



In addition to the amounts hereby appro- 
priated for functions of the department re- 
lating to highways, the following transfers 
are made to the following accounts from 
the unexpended balances on November 
thirtieth, nineteen hundred and forty-two, 
in items 2923-12, 2923-20, 2923-30, 2923- 
40, and 2923-71, contained in the several 
appropriation acts passed in the year nine- 
teen hundred and forty-one, said transfers 
to cover expenses for the current fiscal 
period, and for previous years: 

Administration . . 

Highways, engineering and administration, gen- 
eral overhead ...... 

Maintenance and operation of highways . 



$195 30 

67,673 85 
94,057 37 



100 



Acts, 1943. — Chap. 68. 



Item 

2900-10 
2900-11 
2900-17 

2900-18 
2900-50 
2900-55 



State highway construction .... $568,840 03 

Primary road construction, non-federal aid . 1,026 00 
Construction and repair of town and county 

ways, maintenance projects . . . 236,136 78 

Repair and improvement of public ways . . 405,065 97 

Stores and equipment operation . . . 103,767 19 

Capital outlay 11,470 80 

Total $1,488,233 29 



Registration of Motor Vehicles : 
2924-01 For personal services, including not more than 
six hundred and fifty-seven permanent posi- 
tions $629,000 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 work incidental 
to the registration and licensing of owners and 
operators of motor vehicles . . . 190,000 00 

2924-03 For printing and other expenses necessary in 
connection with publicity for certain safety 
work ....... 



Total 



150 00 
. $819,150 00 



Interest on the Public Debt. 

2951-00 For the payment of interest on the direct debt 
of the commonwealth, to be in addition to the 
amounts appropriated in item 2410-00 



?,111 25 



Requirements for Extinguishing the State Debt. 

2952-00 For sinking fund requirements and for certain 
serial bonds maturing during the current 
fiscal period, to be in addition to the amounts 
appropriated in item 2420-00 



$749,562 50 



Service of the Treasurer and Receiver-General. 

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 appropriated in item 0604-03 



$21,000 00 



Service of the Department of Banking and Insurance. 

Division of Insurance: 
2970-02 For other personal services of the division, in- 
cluding expenses of the board of appeal and 
certain other costs of supervising motor ve- 
hicle liability insurance, to be in addition to 
the amounts appropriated in item 1103-02 . $40,833 00 



Service of the Department of Corporations and Taxation. 

Corporations and Tax Divisions: 
2970-03 To cover the estimated cost of collection of the 
gasoline tax, so-called, to be in addition to the 



amounts appropriated in item 1201-02 



$29,167 00 



Acts, 1943. —Chap. 68. 



101 



Item 



2970-04 



2970-05 



Service of the Department of Public Safety. 

Division of State Police: 

For the salaries of officers and detectives, to be 
in addition to the amounts appropriated in 
item 2102-01 §187,500 00 

For other necessary expenses of the uniformed 
division, including traveling expenses of de- 
tectives, to be in addition to the amounts ap- 
propriated in item 2102-03 . . . 105,000 00 

Total $292,500 00 



Unclassified Accounts and Claims. 

2970-07 For the compensation of certain public em- 
ployees for injuries sustained in the course of 
their employment, as provided by section 
sixty-nine of chapter one hundred and fifty- 
two of the General Laws, to be in addition 
to any amounts heretofore appropriated for 
the purpose, and in addition to the amounts 
appropriated by item 2820-04 



$32,500 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 commissioner and the 
associate commissioners, to be in addition to 
the amounts appropriated in item 2921-01 . $2,843 75 

3131-02 For personal services of clerks and assistants to 
the commissioner, to be in addition to the 
amounts appropriated in item 2921-02 1,170 00 

3131-03 For traveling expenses of the commissioners, to 
be in addition to the amounts appropriated 
in item 2921-03 191 66 

3131-04 For telephone service in the public works build- 
ing, to be in addition to the amounts appro- 
priated in item 2921-04 . . . . 3,104 33 

Total $7,309 74 

Functions of the department relating to Port 
of Boston: 

3132-02 For the supervision and operation of common- 
wealth pier five, including not more than 
thirty-five permanent positions, and for the 
repair and replacement of equipment and 
other property $45,389 98 

3132-12 For the maintenance and improvement of com- 
monwealth property under the control of the 
department in connection with its functions 
relating to waterways and public lands . 55,999 25 

3132-14 For personal services and other ex^penses of the 
cost of operating the Commonwealth Airport, 
so-called 23,078 89 

Special : 
3132-21 For the purchase of certain snow removal equip- 
ment for the commonwealth airport, so-called 19,000 00 



Total 



$143,465 12 



102 



Acts, 1943. — Chap. 68. 



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 Administration. 

For personal services required for the adminis- 
tration of old age assistance provided by- 
chapter one hundred and eighteen A of the 
General Laws, including not more than fifty- 
five permanent positions .... $48,356 00 

For other expenses, including rent, travel, 
office supplies and other necessary expenses, 
required for the administration of old age 
assistance provided by said chapter one 
hundred and eighteen A . . . . 7,200 00 

Total $55,556 00 



Item 
3621 



3622 



The Following Appropriation is Payable from the Mosquito 
Control Fund: 

State Reclamation Board. 
3901 For the maintenance and construction of drain- 
age ditches, as authorized by chapter three 
hundred and seventy-nine of the acts of nine- 
teen 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 towns as 
required by law and to be in addition to any 
amount heretofore appropriated for the pur- 
pose $16,573 87 



The Following Appropriations are Payable from the Parks 
AND Salisbury Beach Reservation Fund: 



4011 

4012 
4013 

4021 
4031 



Division of Parks and Recreation. 

For personal services for certain administrative 
purposes and for certain consulting services, in- 
cluding not more than six permanent positions 

For travel and other administrative expenses, in- 
cluding supplies for reservation improvements 

For the development of recreational oppor- 
tunities in state forests, including personal 
services and other expenses 

For the maintenance of the Standish monu- 
ment reservation ..... 

Salisbury Beach Reservation: 
For the maintenance of Salisbury beach res- 
ervation, including not more than one per- 
manent position ..... 

Total 



$12,186 67 
2,230 63 



6,386 00 

551 87 



1,802 57 
>3,157 74 



The Following Appropriations are Payable from the Smoke 
Inspection Fund: 

Division of Smoke Inspection. 

4311 For personal services, including not more than 

fourteen permanent positions . . . $18,984 20 

4312 For other services, travel, and necessary office 

supplies and equipment . . . . 1,514 23 



Total 



$20,498 43 



Acts, 1943. — Chap. 68. 



103 



The 



Item 



4411 



4511 



4611 



4711 



Following Appropriations are Payable from the Prison 
Industries Fund: 

The following amounts appropriated in Items 
4411, 4511, 4611 and 4711 include, in each 
instance, partial compensation of not more 
than seven additional permanent em- 
ployees in industries at the State Prison : 
For salaries of persons employed in industries 
at the Massachusetts Reformatory, including 
not more -than twenty-six permanent posi- 
tions $34,864 63 

For salaries of persons employed in industries 
at the Reformatory for Women, including 
not more than thirteen permanent positions 16,685 45 
For salaries of persons employed in industries 
at the State Prison, including not more than 
thirty-seven permanent positions . . 51,955 77 

For salaries of persons employed in industries 
at the State Prison Colony, including not 
more than sixteen permanent positions 



Total, Prison Industries Fund 



24,227 05 
$127,732 90 



General Fund 130,370,769 47 

Highway Fund 8,846,878 00 

Port of Boston Fund .... 150,777 86 

Old Age Assistance Fund, administration 55,556 00 

Special Assessment Funds . . . 60,230 04 

Prison Industries Fund . . . 127,732 90 



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. No person shall be reimbursed by the com- 
monwealth for any expense incurred for a mid-day meal 
while traveling within the commonwealth at the expense 
thereof, nor shall any person be so reimbursed for the amount 
of any expense incurred for a breakfast while so traveling 
which is in excess of seventy-five cents or for the amount 
of any expense incurred for an evening meal while so travel- 
ing which is in excess of one dollar and twenty-five cents. 
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 passenger automobile the price whereof, delivered, ex- 
ceeds one thousand dollars shall be paid for out of funds 
appropriated by this act, except upon the written order of 
the commission on administration and finance. Nothing 
herein contained shall be construed as preventing a depart- 
ment from approving allowances for meals, not exceeding 
two dollars and fifty cents in any one day, for its employees 



104 Acts, 1943. — Chap. 69. 

stationed beyond commuting distance from their homes for 
a period of more than twenty-four hours or for its employees 
when engaged on special emergency duty. 

Section 5. The allowance to state employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them and used in the performance of their official 
duties shall not exceed four and one half cents a mile. 

Section 6. The budget commissioner is hereby directed 
to send a copy of sections three, four and five of this act to 
each departmental, divisional and institutional head imme- 
diately following the passage of this act. 

Section 7. All money paid into the treasury of the com- 
monwealth from federal subventions and grants may be ex- 
pended without specific appropriation, if such expenditures 
are otherwise in accordance with law. 

Section 8. This act shall take effect upon its passage. 

Approved March 8, 1943. 



Chap. 69 An Act making temporary provision relative to the 

FILING OF ANNUAL STATEMENTS OF INSURANCE COM- 
PANIES, OR OF SCHEDULES ACCOMPANYING SUCH STATE- 
MENTS. 

Emergency Wheveas, The deferred operation of this act would tend 

to defeat its purpose, which in part is to permit the commis- 
sioner of insurance to exercise, on or before March first of 
the current year, the authority thereby given to him, 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. During the continuance of the existing state 
of war between the United States and any foreign country 
but not later than June first, nineteen hundred and forty- 
five, the commissioner of insurance is hereby authorized to 
extend in any year the time for the filing of annual state- 
ments of insurance companies transacting business in the 
commonwealth, or of schedules accompanying sucb« state- 
ments, for not more than sixty days beyond March first in 
said year. 

Section 2. Section one of chapter twenty-four of the 
acts of nineteen hundred and forty-three is hereby repealed. 

Section 3. This act shall be effective as of March first 
in the current year. Approved March 9, 1943. 



Acts, 1943. — Chaps. 70, 71. 105 

An Act authorizing the placing of the office of chief Chnr) 70 

OF police of the town of DOUGLAS UNDER THE CIVIL ^" 

service laws. 
Be it enacted, etc., as follows: 

Section 1. The office of chief of poHce of the town of 
Douglas shall, upon the effective date of this act, become 
subject to the civil service laws and rules and regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws, but the 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 be submitted for acceptance 
to the voters of said town at a special town meeting to be 
held in the current year in the form of the following question, 
which shall be placed upon a ballot to be used at said meet- 
ing:— "Shall an act passed by the General Court in the 
year nineteen hundred and forty-three, entitled 'An Act 
authorizing the placing of the Office of Chief of Police of 
the Town of Douglas under the Civil Service Laws', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, this act shall thereupon take 
full effect, but not otherwise. Approved March 10, 1943. 



An Act relative to the control of flax pond in the nhn^ ^/^ 

CITY OF LYNN. ^'^^^' '^ 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, through its board of park 
commissioners, may from time to time make rules and regu- 
lations as to the erection, maintenance and control of all 
public bath houses on the shores of Flax pond in said city. 

Section 2. The board of park commissioners of said 
city may from time to time make rules and regulations 
governing fishing, boating, bathing, skating and other recrea- 
tional activities in or on Flax pond in said city. Such rules 
and regulations relative to fishing shall be subject to the 
approval of the division of fisheries and game of the depart- 
ment of conservation, and such other rules and regulations 
shall be subject to the approval of the department of public 
works, and in either case when so approved shall have the 
force of law. 

Section 3. Any poHce officer of said city may patrol 
any part of the waters of said pond and shall have authority 
to arrest any person violating any law of the commonwealth 
in, on or adjacent to the waters of said pond or violating 
any rule or regulation established under this act. 

Section 4. The violation of any rule or regulation 



106 



Acts, 1943. — Chap. 72. 



established under this act shall be punished by a fine of 
not more than twenty dollars. 

Section 5. Nothing in this act shall be construed to 
abridge the powers and duties of said department of public 
works under chapter ninety-one of the General Laws. 

Section 6. This act shall take full effect upon its ac- 
ceptance, during the current year, by vote of the city council 
of said city, subject to the provisions of its charter, but not 
otherwise. Approved March 11, 1943. 



Chap. 72 An Act providing eurther for legitimation of ille- 
gitimate CHILDREN AND FOR CORRECTION OF THEIR BIRTH 
RECORDS. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter one hundred and 
ninety of the General Laws, as appearing in the Tercente- 
nary Edition, is hereby amended by inserting after the 
word "child" in the second line the words: — or has been 
adjudged his father under chapter two hundred and seventy- 
three, — so as to read as follows : — Section 7. An illegiti- 
mate child whose parents have intermarried and whose 
father has acknowledged him as his child or has been ad- 
judged his father under chapter two hundred and seventy- 
three shall be deemed legitimate and shall be entitled to 
take the name of his parents to the same extent as if born 
in lawful wedlock. 

Section 2. Section thirteen of chapter forty-six of the 
General Laws is hereby amended by striking out the second 
paragraph, as appearing in chapter sixty-three of the acts 
of nineteen hundred and thirty-eight, and inserting in place 
thereof the following paragraph : — 

If a person shall have acquired the status of a legitimate 
child by the intermarriage of his parents and the acknowl- 
edgment of his father or an adjudication of paternity under 
chapter two hundred and seventy-three, as provided in 
section seven of chapter one hundred and ninety, the record 
of his birth shall be amended or supplemented as herein- 
after provided so as to read, in all respects, as if such person 
had been reported for record as born to such parents in 
lawful wedlock. For such purpose, the town clerk, if satis- 
fied as to the identity of the persons and the facts, shall 
receive an affidavit setting forth the material facts, exe- 
cuted by the parents, or by either if the other is dead, or 
shall receive such an affidavit executed by the mother alone 
in the case of a child who has acquired the status of a legiti- 
mate child by the intermarriage of his parents and an ad- 
judication of paternity as aforesaid, or shall receive, if both 
parents are dead, affidavits of the fact of such intermarriage, 
and of the acknowledgment of the father or of an adjudica- 
tion of paternity as aforesaid, and of the death of each 
parent, executed by credible persons having knowledge of 



G. L..(Ter. 
Ed.), 190, § 7, 
amended. 



When illegiti- 
mate child 
to be deemed 
legitimate. 



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



Correction 
of certain 
birth records. 



Acts, 1943. — Chap. 73. 107 

such facts, together with evidence substantiating such facts 
beyond all reasonable doubt, which affidavits and evidence 
shall have been submitted by the town clerk to a judge of 
probate or to a justice of a district court and shall have been 
approved by such judge or justice. Each such affidavit 
executed by the parent or parents shall be accompanied by 
a certified copy of the record of such intermarriage, if not 
recorded in the records in the custody of such clerk; and 
such affidavits executed by credible persons as aforesaid 
shall be accompanied by a certified copy of the record of 
such intermarriage and of the death of each parent, if not 
recorded in such records. Each affidavit of the fact of an 
adjudication of paternity as aforesaid shall be accompanied 
by a certified copy of such adjudication. 

Approved March 11, 1943. 



An Act relative to the control of lake massapoag Qhav 73 

IN the town of SHARON. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Sharon, through its board of 
selectmen, may from time to time make rules and regula- 
tions as to the erection, maintenance and control of all public 
bath houses on the shores of Lake Massapoag in said town. 

Section 2. Said town, through its board of selectmen, 
may from time to time make rules and regulations govern- 
ing fishing, boating, bathing, skating and other recreational 
activities in or on Lake Massapoag in said town. Such 
rules and regulations relative to fishing shall be subject to 
the approval of the division of fisheries and game of the 
department of conservation, and such other rules and regu- 
lations shall be subject to the approval of the department 
of public works, and, in either case, when so approved shall 
have the force of law. 

■Section 3. Any police officer of said town may patrol 
any part of the waters of said lake and shall have authority 
to arrest any person violating any law of the commonwealth 
in, on or adjacent to the waters of said lake or violating any 
rule or regulation established under this act. 

Section 4. The violation of any rule or regulation estab- 
lished under this act shall be punished by a fine of not more > 
than twenty dollars. 

Section 5. Nothing in this act shall be construed to 
abridge the powers and duties of said department of public 
works under chapter ninety-one of the General Laws. 

Approved March 11, 1943. 



108 Acts, 1943. — Chaps. 74, 75. 



Chap. 74 An Act providing a penalty for the alteration, de- 
facement, MUTILATION, DESTRUCTION OR CONCEALMENT 
OF ANY RECORD OF A FRATERNAL BENEFIT SOCIETY. 

Be it enacted, etc., as follows: 

EdV m"^ Chapter one hundred and seventy-six of the General 

new '§ 32A, Laws is hereby amended by inserting after section thirty- 
added. .|.^Q^ g^g appearing in the Tercentenary Edition, the fol- 
Fi^auduient lowing section : — Section 32 A. Whoever with fraudulent 
etc , of record, intent alters, defaces, mutilates, destroys or conceals any 
Penalty. record of any fraternal benefit society made by or in the 
custody of the secretary thereof shall be punished by a fine 
of not more than one thousand dollars or by imprisonment 
for not more than one year, or both. 

Approved March 11, 1943. 



Chap. 75 An Act to authorize cities, towns and districts to 

MAKE CERTAIN EMERGENCY APPROPRIATIONS DURING THE 
existing STATE OF W^AR BETWEEN THE UNITED STATES 
AND ANY FOREIGN COUNTRY. 

E'^^rgency Wkevcas, The present national emergency requires that 

cities, towns, and districts 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, towns, 
and districts forthwith, therefore this act is hereby declared 
to be an emergency law, necessary for the immediate pres- 
ervation of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Any city, town or district is hereby au- 
thorized, during the existing state of war between the United 
States and any foreign country, to raise and appropriate 
such sums of money as it may deem necessary for the pres- 
ervation 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 for the purpose of con- 
serving the food supply, to do such things as it may deem 
necessary to assist in the raising and distribution of food 
products; and to provide for such other means as may be 
necessary during such existing state of war for the protec- 
tion of the people and property in such city, town or district. 
If a city or town, acting under the authority herein granted, 
shall plough or harrow or furnish other aid in the cultivation 
of private land situated in such city or town upon applica- 
tion of the owner of such land and for his benefit, the cost 
of such work shall be paid by the owner and bills shall be 
rendered to the owner therefor, and if not paid on or before 



Acts, 1943. — Chap. 75. 109 

the first day of April of any year, the amount so due and 
unpaid may be assessed on the land upon which the work 
was done, and shall be a lien on the said land enforceable 
in the same manner and with the same effect as is provided 
in the case of assessments for the suppression of the gypsy 
and brown tail moth. 

Section 2. For the purpose of meeting expenditures 
herein authorized, a city, town or district 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, town, or district) 
Defense Loan, Act of 1943. 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 provided herein, be subject to 
chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

Section 3. No loan shall be made by a city, town or 
district under authority of this act without the approval of 
the board established under section one of chapter forty- 
nine of the acts of nineteen hundred and thirty-three. Not- 
withstanding any provision of general or special law, ordi- 
nance or by-law to the contrary, a loan order voted in any 
city under authority 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, and a loan order voted in any town or district 
under said authority shall be in full force and effect immedi- 
ately upon final favorable action thereon by the inhabitants 
of the town or district or the town meeting members, as the 
case may be; 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. 
In, any city a loan order under authority of this act 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 mili- 
tary 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 provision of law to the 
contrary. 

Section 4. Sections one to three, inclusive, of this act 
shall become inoperative on July first, nineteen hundred 
and forty-five, but this section shall not affect any bonds 
or notes issued under this act prior to said date. 



no Acts, 1943. — Chaps. 76, 77, 78. 

Section 5. Chapter four hundred and eighty-seven of 
the acts of nineteen hundred and forty-one is hereby re- 
pealed, but the repeal thereof shall not affect any bonds or 
notes issued under said chapter. 

Approved March 11, 1943. 



Chap. 76 An Act authorizing the town of franklin to invest 

IN FEDERAL GOVERNMENT BONDS CERTAIN MONEYS RE- 
CEIVED FROM THE SALE OF REAL ESTATE, 

Be it enacted, etc., as follows: 

Section 1, Notwithstanding section sixty-three of chap- 
ter forty-four of the General Laws, the town of Frankhn, 
under and subject to section one of chapter five of the acts 
of nineteen hundred and forty-three, may invest in defense 
bonds, war bonds or other bonds issued by the federal gov- 
ernment a sum not exceeding nineteen thousand, one hun- 
dred and eighty-four dollars and twenty-four cents now in 
the town treasury, said sum having been received from the 
sale of real estate. 

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

Approved March 12, 19^3. 



Chap. 77 An Act authorizing the sale of checks by co-opera- 
tive banks. 

Be it enacted, etc., as follows: ' 

idV lyir Chapter one hundred and seventy of the General Laws is 

new '§ 43A, hereby amended by inserting after section forty-three, as 

added. appearing in chapter one hundred and forty-four of the acts 

of nineteen hundred and thirty-three, the following section, 

Sale of checks uuder the caption Negotiable Checks,: — Section 43 A. Any 

bank^'°^^'^'^**^^ co-operative bank 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 March 12, 1943. 

Chap. 78 An Act relative to the inclusion of the market de- 
partment OF the city of boston in the public build- 
ings department of said city. 

Be it enacted, etc., as follows: 

Section 1. The market department of the city of Boston 
is hereby merged with, and shall hereafter constitute the 
division of markets of, the public buildings department of 
said city. 

Section 2. The title of the superintendent of markets of 
the city of Boston shall hereafter be the director of markets 
of the city of Boston. 

Section 3. The office of director of markets established 
by this act shall, upon the effective date of this act, become 



Acts, 1943. — Chaps. 79, 80. Ill 

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 the office of superintendent of markets of the city 
of Boston immediately prior to said effective date shall be 
subjected by the division of civil service to a non-competi- 
tive qualifying examination for the office of director of mar- 
kets established by this act, 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. 

Section 4. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
the city of Boston, approved by the mayor. 

Approved March 12, 1943. 

An Act to regulate the form of notices of decisions (Jhav 79 
OF assessors with respect to applications for abate- 

MENT. 

Be it enacted, etc., as follows: 

Section sixty-three of chapter fifty-nine of the General g l. (Xer. 
Laws, as appearing in the Tercentenary Edition, is hereby amended. *''*' 
amended by adding at the end the following sentence : — 
Said notice shall state that appeal from such decision may be 
taken as provided in sections sixty-four to sixty-five B, in- 
clusive, — so as to read as follows : — Section 63. Assessors Notice of 
shall, within ten days after their decision on an appUcation ^g 
for an abatement, give written notice thereof to the appli- 
cant. Said notice shall state that appeal from such decision 
may be taken as provided in sections sixty-four to sixty-five 
B, inclusive. Approved March 12, 1943. 

An Act relative to emergency loans by counties. Chav 80 

Be it enacted, etc., as follows: 

Chapter thirty-five of the General Laws is hereby amended g. l. (Ter. 
by striking out section thirty-six A, as amended by section etc!, amended.' 
five of chapter five hundred and one of the acts of nine- 
teen hundred and thirty-nine, and insertmg in place thereof 
the following : — Section 36 A . For the purpose of providing Emergency 
funds for any county for any emergency purpose approved c°u"nties. 
by a board composed of the attorney general, the state treas- 
urer and the director of accounts, hereinafter referred to as 
said board, such county may borrow money in such amount 
and for such period not exceeding two years as may be de- 
termined by said board, and may issue a note or notes there- 
for, signed by the county treasurer and countersigned by a 
majority of the county commissioners, which may be sold at 
such interest or discount as the county commissioners deem 
proper, any discount to be treated as interest paid in ad- 
vance. All applications for approval by said board shall 



assessors 
decision. 



112 Acts, 1943. — Chaps. 81, 82. 

be submitted by the county commissioners, but if any such 
application is made for funds for use for a purpose con- 
nected with a county institution in charge of trustees or 
with a reservation, supported in whole or in part by county 
funds, in charge of a special board or commission, such ap- 
plication shall not be approved by said board unless it is 
supported by a written request for such funds from said 
trustees or said special board or commission, as the case may 
be. The proceeds of any borrowing hereunder shall be 
expended by the county commissioners for the purpose for 
which made; except that, if such a borrowing is made for 
use for a purpose connected with a county institution in 
charge of trustees or with a reservation, supported in whole 
or in part by county funds, in charge of a special board or 
commission, the proceeds thereof shall be expended for the 
purpose for which made by said trustees or said special board 
or commission, as the case may be. 

Approved March 15, 1943. 

Cha.p. 81 An Act increasing the amount which co-operative 

BANKS MAY HOLD IN THEIR GUARANTY FUNDS AND SUR- 
PLUS accounts. 

Be it enacted, etc., as follows: 

G L. (Ter. Chapter one hundred and seventy of the General Laws is 

§ 46,' etc' hereby amended by striking out section forty-six, as appear- 
amended. jj^g j^ chapter oue hundred and forty-four of the acts of 

nineteen hundred and thirty-three, and inserting in place 
Amounts thereof the following section : — Section 46- At each dis- 

surpfus'' *° tribution of profits not more than one per cent of the net 
accounts, etc. profits accrucd since the last preceding adjustment shall be 
credited to the surplus account, unless there shall have been 
reserved and credited to the guaranty fund the maximum per 
cent of the net profits under section forty-five. Any such 
corporation may hold in its surplus account such sum as the 
board of directors may, from time to time, deem wise; but 
whenever the guaranty fund and surplus account together 
exceed fifteen and one fourth per cent of its total liabilities, 
the board of directors shall declare an extra dividend, pro- 
vided such dividend does not reduce the guaranty fund and 
surplus account together to less than fifteen per cent of the 
total habiUties. Approved March 15, 1943. 

Chap. 82 An Act relative to the reimbursement of counties by 

TOWNS FOR THE SUPPORT OF HABITUAL TRUANTS, AB- 
SENTEES OR SCHOOL OFFENDERS COMMITTED TO A COUNTY 
TRAINING SCHOOL. 

Be it enacted, etc., as follows: 

EdV' 77^' § 1 Section one of chapter seventy-seven of the General Laws, 

etc!, 'amended, as amended by section one of chapter two hundred and 

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



Acts, 1943. — Chap. 83. 113 

is hereby further amended by striking out, in the twentieth 
and twenty-first hues, the words "maintaining it" and in- 
serting in place thereof the words : — from which he is com- 
mitted, — so as to read as follows: — Section 1. The county Certain 
commissioners of each count}^ except Barnstable, Berkshire, maint'EdV" 
Bristol, Franklin, Hampshire, Dukes, Nantucket, Norfolk, training 
Plymouth and Suffolk, shall maintain either separately or '^'^ °°'" 
jointly with the commissioners of other counties as herein- commitments 
after provided, in a suitable place, remote from a penal insti- p °^ents by 
tution, a school for the instruction and training of children other counties. 
committed thereto as habitual truants, absentees or school 
offenders. The commissioners of Barnstable, Berkshire, 
Bristol, Franklin, Hampshire, Dukes, Nantucket, Norfolk 
and Plymouth counties shall assign a training school estab- 
Ushed by law as the place for the instruction and training of 
children so committed within their respective counties, and 
shall pay for their support in said school such reasonable 
sum as the commissioners having control of said school may 
fix. Commitments from Boston, Chelsea, Revere and Win- 
throp shall be to the training school for Middlesex county. 
The town from which an habitual truant, absentee or school 
offender is committed to a county training school shall pay 
to the county from which he is committed two dollars a week 
toward his support, and reports of the condition and progress 
of its pupils in said school shall be sent each month to the 
superintendent of schools of such town; but Boston, Chelsea, 
Revere and Winthrop shall pay to Middlesex county, for the 
support of each child committed to the training school of 
said county, two dollars and fifty cents a week, and an addi- 
tional sum for each child sufficient to cover the actual cost 
of maintenance. Approved March 15, 1943. 



An Act repealing the provisions of law which au- nhdy SQ 

THORIZE THE APPOINTMENT OF AN AGENT TO EXAMINE ^' 

AND PROSECUTE ACCOUNTS AND CLAIMS OF THE COMMON- 
WEALTH AGAINST THE UNITED STATES, AND TRANSFER- 
RING THE DUTIES OF SAID OFFICER TO THE ATTORNEY 
GENERAL. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter twelve of the Gen- g. l. (Ter. 
eral Laws, as amended by section two of chapter one hun- ^tt! 'amended. 
dred and eighty of the acts of nineteen hundred and 
thirty-two, is hereby further amended by inserting after 
the word "tribunal" in the seventh line, as appearing in 
the Tercentenary Edition, the words : — , including the 
prosecution of claims of the commonwealth against the 
United States, — so as to read as follows : — Section 3. Attorney 
The attorney general shall appear for the commonwealth fppeaf fo°r 
and for state departments, officers and commissions in all commonwealth, 
suits and other civil proceedings in which the common- '' 
wealth is a party or interested, or in which the official acts 



114 Acts, 1943. — Chaps. 84, 85. 

and doings of said departments, officers and commissions 
are called in question, in all the courts of the commonwealth, 
except upon criminal recognizances and bail bonds, and in 
such suits and proceedings before any other tribunal, in- 
cluding the prosecution of claims of the commonwealth 
against the United States, when requested by the governor 
or by the general court or either branch thereof. All such 
suits and proceedings shall be prosecuted or defended by 
him or under his direction. Writs, summonses or other 
processes served upon such officers shall be forthwith trans- 
mitted by them to him. All legal services required by such 
departments, officers, commissions and commissioners of 
pilots for district one in matters relating to their official 
duties shall, except as otherwise provided, be rendered by 
the attorney general or under his direction. 
EdV29''§'62 Section 2. Section sixty-two of chapter twenty-nine 
repealed'. ' of the General Laws, as appearing m the Tercentenary 
Edition, is hereby repealed. Approved March 15, 194S. 

Chap. 84 An Act authorizing water commissioners and others 

TO ENTER PREMISES WITHIN THE WATER SHED OF CERTAIN 
SOURCES OF WATER SUPPLY, 

Be it enacted, etc., as follows: 
§1 V' iTf"' Chapter one hundred and eleven of the General Laws is 

t,a.), ill, new ,,■ iii- 

§ 173B, added, hereby amended by inserting after section one hundred 
and seventy-three A, inserted by chapter two hundred and 
ninety-three of the acts of nineteen hundred and thirty- 
Right to _ eight, the following section: — Section 173B. Any water 
board or board of water commissioners of a city, town or 
water district and any executive officer or agent of any such 
board or of a public institution or water company furnish- 
ing water for domestic purposes, and any police officer 
employed by such a water board, board of water commis- 
sioners, public institution or water company, may enter 
any premises except dwelling houses within the water shed 
of the source of water supply of such city, town, district, 
institution or company to ascertam whether the provisions 
of this chapter relative to water supply and the rules and 
regulations adopted under section one hundred and sixty 
are being obeyed. Approved March 15, 1943. 

Chap. 85 An Act authorizing the granting of licenses to non- 
residents TO ACT AS INSURANCE AGENTS OF INSURANCE 
companies, AND LIMITING THE POWERS OF SUCH AGENTS 
ACTING FOR FOREIGN INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Edn' 175^' Section one hundred and sixty-three of chapter one hun- 

§ 163, etc., dred and seventy-five of the General Laws is hereby 

amended. amended by striking out the second paragraph, inserted 

by chapter five hundred and two of the acts of nineteen 



enter certain 
premises 



Acts, 1943. — Chaps. 86, 87. 115 

hundred and forty-one, and inserting in its place the follow- 
ing paragraph : — 

Nothing in this chapter shall be construed to prohibit Licenses of 
the issue of a license under this section as an insurance "gentl^''^*'"*^ 
agent of a foreign company authorized to transact busi- 
ness in the commonwealth to a person resident in any other 
state of the United States granting similar licenses to 
residents of this commonwealth. A non-resident licensed as 
an insurance agent of such a company shall transact busi- 
ness in the commonwealth only through the lawfully con- 
stituted and licensed resident agents of such company in 
the commonwealth. Nothing in this chapter shall be con- 
strued to prohibit the issuance of a license under this section 
as an insurance agent of a domestic company to a person 
resident in any other state of the United States. 

Approved March 15, 1943. 



An Act authorizing certain limited fraternal bene- (Jfiav, 86 

FIT societies to PAY INCREASED BENEFITS IN CERTAIN 
CASES. 

Be it enacted, etc., as follows: 

Section forty-six of chapter one hundred and seventy-six g. l. (Ter. 
of the General Laws is hereby amended by adding at the end ^tt! 'amended!'' 
of the paragraph inserted therein by chapter two hundred 
and seventy-four of the acts of nineteen hundred and forty- 
one the following sentence : — A society to which the mem- Special 
bership and funds of another society shall have been trans- '"'^"^ership. 
ferred as aforesaid may continue to transact business sub- 
ject to this section, but may have a special class of members 
consisting of those persons who held membership in each of 
said societies immediately prior to the transfer, which mem- 
bers shall be entitled to dual benefits and shall pay dual 
membership dues and assessments. Said class of member- 
ship shall not be expanded or replaced and shall not in any 
event receive disability benefits of more than twenty dollars 
per week and death benefits of more than four hundred dol- 
lars. Benefits not exceeding said amounts may be paid not- 
withstanding any other provisions of law to the contrary. 

Approved March 15, 1943. 



An Act authorizing the trial in the boston juvenile Qfiap, 87 

COURT OF certain PROCEEDINGS AGAINST PARENTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventy-three of g. l. (Ter 
the General Laws is hereby amended by striking out section etc!, 'amended! 
two, as amended by chapter two hundred and twenty-four 
of the acts of nineteen hundred and thirty-three, and in- 
serting in place thereof the following section: — Section 2. Jurisdiction, 
Proceedings under section one shall be begun, if in the su- proceedi'ngs ' 



116 



Acts, 1943. — Chap. 88. 



against 
parents. 



Effective date. 



perior court, in the county in which is situated the place 
where the husband and wife last lived together or where 
the husband or wife or" parent of the child is living, and, 
if begun in a district court or before a trial justice, in the 
court or before the trial justice having such place within its 
or his judicial district; provided, that such a proceeding for 
an offence committed within the territorial limits prescribed 
for the criminal jurisdiction of the municipal court of the 
city of Boston, if founded upon the same allegations .as a 
proceeding under sections forty-two to forty-seven, inclu- 
sive, of chapter one hundred and nineteen, may be brought, 
heard and disposed of in the Boston juvenile court. Such a 
proceeding for an offence committed within the territorial 
limits prescribed for the criminal jurisdiction of any court 
other than the municipal court of the city of Boston, if 
founded upon the same allegations as a proceeding under 
said sections forty-two to forty-seven, inclusive, of said 
chapter one hundred and nineteen, may be heard and dis- 
posed of in the juvenile session of the court. Any parent 
placed on probation in such a proceeding in the Boston 
juvenile court shall at the request of the justice thereof be 
supervised by the probation officers of the municipal court 
of the city of Boston. 

Section 2. This act shall take effect on July first in the 
current year. Approved March 15, 19 43. 



Chap. 88 An Act relative to the office of mayor in the city 

OF LOWELL 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 Lowell 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 office in the event of his death or resignation from said 
city council, hereafter in this act called his successor, shall 
exclusively, during the period beginning with said effective 
date and ending on the first Monday in January, nineteen 
hundred and forty-four, possess all the rights and powers, 
perform all the duties and be subject to all of the obliga- 
tions of mayor of said city, subject, however, to the fol- 
lowing provisions : — 

(a) The terms of all persons appointed or reappointed, 
temporarily or otherwise, by the president or his successor, 
during the period covered by this act shall expire on said 
first Monday in January, nineteen hundred and forty-four, 
but such appointees shall continue to hold office until the 
qualification of their respective successors. 

(6) The president or his successor, while exercising the 
rights and powers and performing the duties of mayor 



Acts, 1943. — Chap. 88. 117 

under any provision of this act, shall be entitled to com- 
pensation from January first, nineteen hundred and forty- 
three, payable in equal monthly instalments, at the rate of 
forty-four hundred dollars per annum, but shall not, during 
said period, be entitled to any compensation as a member 
of the city council. 

(c) 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 council 
or affect his tenure as such president or member. 

(d) 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 obli- 
gations conferred and imposed upon the president or his 
successor by this act, only in matters not admitting of de- 
lay, until such time as said president or his successor re- 
sumes the functions and duties of his office. 

(e) During such period, prior to the election of a tempo- 
rary president as provided in paragraph (d), as 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 authorized 
to pay warrants so approved. 

(/) During the period covered by this act, no permanent 
appointment, and no provisional or temporary appoint- 
ment except to fill a vacancy until the said first Monday in 
January, nineteen hundred and forty-four, shall be made to 
any office or position within the classified civil service of 
said city, except with the approval of the director of civil 
service in the department of civil service and registration. 

(g) 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, as amended. 

Section 3. During the period covered by this act, no 
loan shall be made by said city under any special act author- 
izing it to borrow money, or under the general authority 
granted by chapter forty-four of the General Laws, as 
amended, other than loans issued under section four of 
said chapter, as amended, 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 common- 



118 



Acts, 1943. — Chap. 89. 



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 4. The action of the president of the city coun- 
cil of said city in submitting the annual budget of said city 
to the city council thereof on February sixteenth in the 
current year shall have the same force and effect as if the 
provisions of this act had been in effect at the time said 
action was taken. 

Section 5. This act shall take effect upon its passage. 

Approved March 16, IQJfS. 



Chap. 89 An Act relative to the registration of the blind. 

Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 69, § 19, 
amended. 



Register of the 
blind. 



Reports to 
department of 
public welfare. 



G. L. (Ter. 
Ed.), 69, new 
§ 19A, added. 

Diagnosis of 
blindness, 
report of, etc. 



Section 1. Section nineteen of chapter sixty-nine of the 
General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by striking out the second sentence and 
inserting in place thereof the following sentence : — The city 
clerk of each city and the selectmen of each town shall aid 
him by furnishing the names and addresses of all known blind 
persons residii;g within such city or town, — so as to read 
as follows: — Section 19. He shall maintain a register of 
the blind in the commonwealth, which shall describe their 
condition, cause of blindness and capacity for education and 
industrial training. The city clerk of each city and the 
selectmen of each town shall aid him by furnishing the 
names and addresses of all known blind persons residing 
within such city or town. The department of public 
welfare and boards of public welfare shall aid the director 
by reporting whenever outdoor or indoor aid is granted to 
families in which there is a blind member, and the director 
shall report in turn to the said department and the said board 
any activity on his part in relation to blind persons who or 
whose families are known to be receiving or to have received 
public outdoor or indoor aid. 

Section 2. Said chapter sixty-nine is hereby further 
amended by inserting after said section nineteen the follow- 
ing section: — Section 19 A. Whenever, upon examination 
at a clinic, hospital or other institution, or elsewhere, by a 
physician or optometrist, the visual acuity of any person is 
found to be with correction 20/200 or less in the better eye, 
or the peripheral field of his vision to have contracted to 
the ten degree radius or less regardless of visual acuity, the 
superintendent of such institution, or the physician, optome- 
trist or other person who conducted or was in charge of the 
examination if it took place elsewhere than in such an insti- 
tution, shall within thirty days report to the director the 
result of the examination and that blindness of the person 
examined has been established. 

Approved March J7, 1943. 



Acts, 1943. — Chaps. 90, 91. 119 



An Act relative to the open season on opossums or Qfiav 90 

RACCOONS. 

Be it enacted, etc., as follows: 

Section sixty-eight of chapter one hundred and thirty-one g. l. (Ter. 
of the General Laws, as appearing in section two of chapter etc!, 'amended^' 
five hundred and ninety-nine of the acts of nineteen hundred 
and forty-one, is hereby amended by striking out, in the 
eighth hne, the word "first" and inserting in place thereof 
the word : — tenth, — so that the first paragraph will read as 
follows: — Except as otherwise provided in this chapter, no Hunting, etc., 
person shall hunt or trap, or have in possession the living or Cth"e"°mam- 
dead bodies of, minks, otters, muskrats, opossums or rac- J^^^yf^ted 
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 
inclusive, and that opossums or raccoons may be taken with 
the aid or by the use of dogs or guns between October tenth 
and the following January first, both dates inclusive, and by 
trapping between November first and the following January 
first, both dates inclusive. No person shall remove or at- 
tempt 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 rac- 
coons 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. Approved March 17, 1943. 



An Act providing that certain proceedings in probate Chap. 91 

COURTS BE ENTITLED PETITIONS FOR DISCOVERY. 

Be it enacted, etc., as follows: 

Section forty-four of chapter two hundred and fifteen g. l. (Ter. 
of the General Laws, as amended by section one of chapter fttl'ameAdy^' 
three hundred and twenty-three of the acts of nineteen 
hundred and forty-one, is hereby further amended by add- 
ing at the end the following sentence : — A proceeding 
hereunder shall be entitled "petition for discovery", — so 
as to read as follows: — Section 44' Upon complaint to a Petitions for' 
probate court by a person interested in the estate of a prXJt?^ '" 
deceased person against a person suspected of having fraudu- proceedings. 
lently received, concealed, embezzled or conveyed away 
any property, real or personal, of the deceased, the court 
may cite such suspected person, although he is executor 
or administrator, to appear and be examined on oath upon 
the matter of the complaint. If the person so cited refuses 
to appear and submit to examination, or to answer such 
interrogatories as may be lawfully propounded to him, the 
court may commit him to jail until he submits to the order 



120 Acts, 1943. — Chap. 92. 

of the court. The examination shall be had and recorded 
in such manner as the court shall direct, and the final record 
shall be signed by the party examined. A proceeding here- 
under shall be entitled "petition for discovery". 

Approved March 18, 19^3. 



Chap. 92 An Act amending the charter of the city of Worces- 
ter RELATIVE TO THE TIME OF ORGANIZATION OF THE CITY 
GOVERNMENT. 

Be it enacted, etc, as follows: 

Chapter four hundred and forty-four of the acts of eight- 
een hundred and ninety-three is hereby amended by strik- 
ing out section ten, as affected by chapter two hundred and 
eighty-two of the acts of nineteen hundred and twenty-six, 
and inserting in place thereof the following section : — Sec- 
tion 10. The mayor elect and members elect of the city 
council shall be sworn to the faithful performance of their 
respective duties; and for that purpose shall meet on the 
first Monday in January following their election, or on the 
following day whenever said first Monday in January falls 
upon a holiday, at ten o'clock in the morning or at such 
other hour as may be set by the mayor and city council at 
least fourteen days before said first Monday in January, 
when such oath may be administered to the mayor elect 
by any judge of any court of record in the commonwealth 
or by any justice of the peace, and to the members elect 
of the city council by the mayor or by any justice of the 
peace. A certificate that such oath has been taken shall be 
entered in the journals of the board of aldermen and of the 
common council by their respective clerks. If the mayor 
elect or any one or more of the members elect of the city 
council shall not be present on the first Monday in Janu- 
ary, or on the following day whenever said first Monday in 
January falls upon a holiday, to take the oath required of 
them, or if any of them shall be elected subsequent to the first 
Monday in January, or to the following day whenever said 
first Monday in January falls upon a holiday, the oath may 
be administered to the mayor or aldermen at any meeting 
of the board of aldermen thereafter, and to the common 
councilmen at any meeting of the common council there- 
after, before entering upon office. A certificate that such 
oath has been taken shall, in case of the mayor, be entered 
in the journal of both branches of the city council, in the 
case of a member of the board of aldermen, be entered in 
the journal of said board, and in the case of a member of 
the common council, be entered in the journal of the com- 
mon council, at the meeting at which such oath was ad- 
ministered. Approved March 18, 1943. 



Acts, 1943. — Chaps. 93, 94. 121 



An Act relative to the unauthorized holding or Chav 93 

HARBORING OF DOGS OF OTHERS. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty of the General Laws is g. l. (Ter. 
hereby amended by striking out section one hundred and f^jys/et!-'., 
seventy-five, as most recently amended by section thirty- amended. 
three of chapter three hundred and twenty of the acts of 
nineteen hundred and thirty-four, and inserting in place 
thereof the following section: — Section 175. Whoever Liability 
wrongfully kills, maims, entices or carries away a dog shall ^"0 !'a^iicl'n*ed 
be liable in tort to its owner for its value. Whoever, with- dog- 
out the authorization of the owner or keeper, removes from 
a dog of another its license tag, collar or harness, or holds or 
harbors a dog of another for more than forty-eight hours 
after it comes into his possession, without taking it to a 
police station or dog officer in the town where it came into 
his possession or reporting such holding or harboring to the 
officer in charge of a police station in such town or to a dog 
officer therein and informing such police officer or dog officer 
of the place where it came into his possession and giving his 
own name and address and as full a description as possible 
of the dog, or whoever shall cause a dog to wear an imitation 
or counterfeit of the official tag prescribed by section one hun- 
dred and thirty-seven, shall be punished by a fine of not more 
than one hundred dollars. Approved March 18, 19^3. 



An Act providing for payments at intervals of not Qfiav 94 

MORE THAN THREE MONTHS ON CERTAIN SAVINGS BANK 
MORTGAGE LOANS, AND FOR DELAYED ORIGINAL PAYMENTS 
ON CERTAIN SAVINGS BANK CONSTRUCTION MORTGAGE 
LOANS. 

Be it enacted, etc., as follows: 

Section 1. Clause First of section fifty-four of chapter o. l. (Ter. 
one hundred and sixty-eight of the General Laws, as most f^^'etlf,' 
recently amended by chapter one hundred and eighty of the amended, 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by striking out subdivision (d), as appearing therein, 
and inserting in place thereof the following subdivision : — 

(d) A loan secured by a first mortgage of real estate located J,f"rt^^a^'p" °" 
in the commonwealth, except real estate referred to in sub- loans not 
section (b) hereof, not exceeding sixty per cent of the value siTt^per^cent 
of the premises to be mortgaged, may be made for a period "f ^aiue of 
of not less than three nor more than twenty years from the ''''^""'**^^ 
date of the note, provided that the terms of such note shall 
require payments on the loan to be made in periodic install- 
ments, at intervals not exceeding three months, such pay- 
ments to commence not later than three months after the 
date of the note, except that in the case of a construction 
loan under this subsection, such payments may commence 



122 Acts, 1943. — Chap. 95. 

not later than six months after the date of the note; and 

such payments on any loan referred to in this subsection 

shall be in amounts aggregating annually not less than two 

per cent of the original amount of the loan. 

EdM^Bs'^' Section 2. Said clause First is hereby further amended 

§ 54,' etc.,' by striking out subdivision (e), as so appearing, and insert- 

Imlnded. i^g iu place thereof the following : — 

Limitation on (c) A loau sccurcd by a first mortgage of real estate located 
noTexcfedi'r"* ^ ^^^ commou Wealth, except real estate referred to in sub- 
seventy per section (6) hereof, not exceeding seventy per cent of the 
orpremrses'"' valuo of the prcmiscs to be mortgaged, may be made for a 
period of not less than three nor more than twenty years 
from the date of the note, provided that the terms of the 
note shall require pa3Tnents on the loan to be made in periodic 
installments, at intervals not exceeding three months, such 
payments to commence not later than three months after 
the date of the note, except that in the case of a construction 
loan under this subsection, such pajonents may commence 
not later than six months after the date of the note; and 
such payments on any loan referred to in this subsection 
shall be in amounts aggregating annually not less than three 
per cent of the original arriount of the loan. No loan under 
this subsection shall be made for a sum in excess of twenty- 
five thousand dollars. Approved March 18, 1943. 



Chap. 95 An Act establishing the time within which petitions 

FOR THE assessment OF DAMAGES TO PROPERTY TAKEN 
BY EMINENT DOMAIN MAY BE BROUGHT IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Ed ^, 79 ^§ 16 Chapter seventy-nine of the General Laws is hereby 
etc., 'amended! amended by striking out section sixteen, as most recently 
amended by chapter one hundred and eighty-five of the 
acts of nineteen hundred and thirty-eight, and inserting 
Time for filing in place thereof the following section: — Section 16. A 
petition for the assessment of damages under section four- 
teen may be filed within one year after the right to such 
damages has vested; but any person, including every mort- 
gagee of record, whose property has been taken or injured, 
and who has not received notice under section eight or 
otherwise of the proceedings whereby he is entitled to 
damages at least sixty days before the expiration of such 
year, may file such petition within six months after the 
taking possession of his property or the receipt by him of 
actual notice of the taking, whichever first occurs, or, if 
his property has not been taken, within six months after 
he first suffers actual injury in his property. 

Approved March 19, 1943. 



petition. 



Acts, 1943. — Chaps. 96, 97. 123 



An Act authorizing the town of dedham to pay a cer- QJiaj), 96 

TAIN SUM OF MONEY TO THOMAS T. DOGGETT, SENIOR, OF 
SAID DEDHAM. 

Be it enacted, etc., as follows: 

The town of Dedham is hereby authorized to pay during 
the current year, in accordance with a vote of the town 
meeting of said town on March thirtieth, nineteen hundred 
and forty-two, to Thomas T. Doggett, Senior, of said town 
the sum of one thousand four hundred and seven dollars 
and eighty-jBve cents to reimburse said Doggett for money 
expended for counsel fees and costs in the case of Doggett 
vs. Hooper, any statute or by-law to the contrary notwith- 
standing. Approved March 2 J,., 1943. 

An Act relative to payment for medical, hospital and Qfidj) 97 

OTHER services RENDERED ON ACCOUNT OF DEPENDENT 
children AND THEIR PARENTS. 

Whereas, The result of the deferred operation of this act Emergency 
would be that the payment of reimbursement to certain p'"'^'*™^'^- 
cities and towns for money expended for aid to dependent 
children would be further postponed until after the expira- 
tion of the period of deferment, 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: 

Section two of chapter one hundred and eighteen of the g. l. (Ter. 
General Laws, as most recently amended by section one of ^ttlammded. 
chapter five hundred and ninety-three of the acts of nine- 
teen hundred and forty-one, is hereby further amended by 
inserting after the second sentence the two following sen- 
tences : — In the event of the commitment of any such 
parent to an institution as an insane person, expenses for 
medical, hospital and other services rendered on account of 
such parent or any dependent child in his or her care or 
custody, including expenses of the funeral of any such de- 
pendent child who may have died, which remain unpaid at the 
time of such commitment may be paid by the town directly 
to the person furnishing such services, subject to any rule 
or regulation of the department relative to reimbursement 
under this chapter. In the event of the death of any such 
parent, expenses for medical, hospital and other services 
rendered on account of such parent or any dependent child 
in his or her care or custody, including expenses of the 
funeral of any such dependent child who may have died, 
which remain unpaid at the time of the death of such parent, 
and also expenses of the funeral of such parent, may be paid 
by the town directly to the person furnishing such serv- 
ices, subject to any rule or regulation of the department 
relative to reimbursement under this chapter, — so as to 



124 Acts, 1943. — Chap. 98. 

Duties of read as follows : — Section 2. In every town the board 

pubUc^ welfare, of piiblic 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, 
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 imme- 
diately preceding the application for such aid, or (2) such 
child was born within the commonwealth within one year 
immediatel}^ preceding such application, if its mother has re- 
sided in the commonwealth for one year immediately preced- 
ing 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. In the event of the commit- 
ment of any such parent to an institution as an insane per- 
son, expenses for medical, hospital and other services ren- 
dered on account of such parent or any dependent child in 
his or her care or custody, including expenses of the funeral 
of any such dependent child who may have died, which 
remain unpaid at the time of such commitment may be 
paid by the town directly to the person furnishing such 
services, subject to any rule or regulation of the department 
relative to reimbursement under this chapter. In the event 
of the death of any such parent, expenses for medical, hos- 
pital and other services rendered on account of such parent 
or any dependent child in his or her care or custody, includ- 
ing expenses of the funeral of any such dependent child 
who may have died, which remain unpaid at 'the time of 
the death of such parent, and also expenses of the funeral 
of such parent, may be paid by the town directly to the per- 
son furnishing such services, subject to any rule or regula- 
tion of the department relative to reimbursement under 
this chapter. Nothing in this chapter shall be construed 
as authorizing any public official, agent or representative, 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 paren- 
tis to such child, except pursuant to a proper court order. 

Approved March 24, 1943. 



Ch(W. 98 An Act further extending the period of public con- 
trol AND MANAGEMENT OF THE EASTERN MASSACHUSETTS 

street railway company. 

Be it enacted, etc., as follows: 

Section 1. Upon the termination on the fifteenth day 
of January, nineteen hundred and forty-four, of the five 
year period of the management and control by trustees of 
the Eastern Massachusetts Street Railway Company, here- 
inafter called the company, under the provisions of chapter 



Acts, 1943. —Chap. 98. 125 

one hundred and seventy-three of the acts of nineteen 
hundred and thirty-eight, the pubhc management and con- 
trol of the company by trustees shall be extended, subject 
to the provisions of this act, for a period of five years from 
said date. The company may, subject to the provisions 
of this act, exercise all the powers and privileges of a street 
railway company organized under general laws, so far as 
the same are applicable, and, subject to the approval of the 
department of public utilities, hereinafter referred to as 
the department, any powers or privileges granted by any 
special acts applicable to the company, until the general 
court shall otherwise provide, and shall be subject to all 
the duties, restrictions and liabilities imposed upon street 
railway companies, except as otherwise provided herein. 

Section 2. The governor, with the advice and consent 
of the council, shall appoint two persons who with a repre- 
sentative appointed by the board of directors of the com- 
pany from among their own number shall act as trustees 
of the company, with the powers, duties and responsibilities 
hereinafter set forth, for terms of five years from the fifteenth 
day of January, nineteen hundred and forty-four. If upon 
said date trustees have not been appointed and confirmed 
as aforesaid and organized, the trustees who shall hold 
office on the fourteenth day of January, nineteen hundred 
and forty-four under the provisions of chapter one hundred 
and seventy-three of the acts of nineteen hundred and 
thirty-eight, shall be trustees under the provisions of this 
act until trustees shall have been appointed, confirmed and 
organized under the provisions hereof. Upon such appoint- 
ment, confirmation and organization, the provisions of chap- 
ter two hundred and ninety-eight of the acts of nineteen 
hundred and twenty-eight and of chapter one hundred 
and seventy-three of the acts of nineteen hundred and 
thirty-eight shall terminate, but such termination shall not 
affect the validity of any acts done or action taken there- 
tofore under the authority of either of said acts. 

Section 3. The trustees appointed or existing under the 
provisions of this act shall on said fifteenth day of January, 
nineteen hundred and forty-four, assume the management 
and control of the company and, subject to the provisions 
of this act, shall continue to exercise said management and 
control during said period of five years. The governor shall 
fill for the unexpired term any vacancy among the trustees 
appointed by the governor, and may remove any such 
trustee, in either case with the advice and consent of the 
council. The directors may at any time remove the trustee 
appointed by them and appoint a new trustee. Each trus- 
tee shall receive from the company an annual salary of six 
thousand, two hundred and fifty dollars. Section three of 
chapter twelve of the General Laws shall not apply to said 
trustees. 

Section 4. For the purpose of refunding any maturing 
obligations of the company secured by mortgage or other 



126 Acts, 1943. — Chap. 98. 

liens underlying the general mortgage bonds of the company 
or of leased lines within the commonwealth or of making 
additions to or improvements on the property of the com- 
pany or of such leased lines or for any other lawful purpose, 
the trustees may cause the company to issue stocks, bonds 
or other evidences of indebtedness in accordance with the 
provisions of general laws or of any special law applicable 
thereto. Equipment notes under conditional bill of sale or 
lease, payable serially in not more than fifteen years, may be 
authorized and issued without reference to the amount of 
capital stock outstanding. Nothing contained in this act 
shall authorize the trustees to issue any shares of capital 
stock or any bonds, notes or other evidences of indebted- 
ness payable at periods of more than one year after the 
date thereof, without the approval of the department in 
accordance with any provisions of law applicable thereto. 
Section 5. The trustees shall manage and operate the 
company for the extended period specified in section one, 
and for the purposes of this act shall, except as is otherwise 
provided herein, have and may exercise all the rights and 
powers of the company and its directors and upon its behalf 
shall receive and disburse its income and funds. They shall 
have the right to appoint and remove at their discretion the 
president, treasurer and clerk of the company and all other 
officers of the company except the board of directors. They 
shall have the right to regulate and fix rates and fares, in- 
cluding the issue, granting and withdrawal of transfers and 
the imposition of charges therefor, and shall determine the 
character and extent of the service and the facilities to be 
furnished, and in these respects their authority shall be 
exclusive and shall not be subject to the approval, control 
or discretion of any other state department, board or com- 
mission except as provided in this act, and except as to joint 
rates and fares or service with connecting companies other 
than the Boston Elevated Railway Company. The trustees 
may make changes in service or facilities without a prior 
public hearing, but upon complaint in writing relative to the 
character or extent of the service or facilities furnished, 
signed by the mayor of any city or the selectmen of any town 
in which the company operates, or by not less than twenty 
patrons of the company, the trustees shall give a public 
hearing, if requested so to do, shall fully investigate the 
matters complained of and shall take such action within 
their powers as the facts seem to justify, stating their reasons 
therefor. Any such hearing may be conducted by a single 
trustee. In the management and operation of the company 
and of the properties owned, leased, or operated by it, as 
authorized by this act, the trustees and their agents, servants 
and employees shall be deemed to be acting as agents of the 
company and the company shall be liable for their acts and 
negligence to the same extent as if they were in the immediate 
employ of the company, but said trustees shall not be liable 
personally for their acts except for malfeasance in office. 



AcTS^ 1943. — Chap. 98. 127 

The trustees shall elect a chairman. A majority of the trus- 
tees ohall constitute a quorum for the transaction of business. 

Section 6. No contracts or arrangements for the con- 
struction, acquisition, rental or operation of any additional 
lines of street railway or bus service or for the abandonment 
or extension of existing lines or bus service or any portion 
thereof, shall be entered into without the consent of the 
directors of the company unless, after such consent has been 
refused, the department shall determine after a public hear- 
ing that public necessity and convenience require such con- 
struction, acquisition, abandonment or extension and that 
the same will not impair the return on outstanding stock, 
bonds or other evidences of indebtedness contemplated by 
the provisions of this act; and in case of such determination 
the directors shall have a right of appeal to the supreme ju- 
dicial court and if the court shall decide that the said return 
would be so impaired, the contemplated action shall not be 
taken. No contract for the sale or lease of the existing lines 
or any portion thereof shall be entered into without the con- 
sent of the directors of the company. 

Section 7. The trustees shall have authority to make 
contracts in the name and on behalf of the company, and to 
issue stocks, bonds and other evidences of indebtedness of 
the company. The stockholders of the company shall elect 
annually a board of directors who shall represent the stock- 
holders and shall exercise, during the period of control by 
trustees, all the corporate powers not conferred by the pro- 
visions of this act upon the trustees, and thereafter shall have 
and exercise, until the general court shall otherwise provide, 
all of such powers hereby conferred upon the trustees and 
not inconsistent with the general laws. 

The company and the stockholders and directors thereof 
shall be deemed to have assented to and authorized all issues 
of stock, bonds and other evidences of indebtedness which 
the trustees may find it necessary or advisable to issue, as 
authorized in this act, during the period of public operation 
or which may be required to carry out the obligations of said 
company as authorized herein. 

The trustees shall allow to the board of directors each year 
such sums as may be reasonable to provide for the mainte- 
nance of the corporate organization of the company and the 
performance by the company and directors of necessary 
duties. 

Section 8. The trustees shall from time to time, so far 
as is practicable, fix such rates and fares as in their judg- 
ment will produce sufficient income to meet the cost of 
the service, which shall include proper maintenance and all 
other operating expenses, taxes, rentals, interest on bonds 
and other interest pa5Tnents and stated dividends on the 
preferred stock and six per cent on the common capital 
stock of the company, such allowances for depreciation of 
property and for obsolescence and rehabilitation and for 
losses in respect to property sold, destroyed or abandoned, 



128 Acts, 1943. — Chap. 98. 

as they may deem adequate, or as may be required by the 
department, and all other expenditures and charges which 
under the laws of the commonwealth now or hereafter in 
effect may properly be chargeable against income or surplus. 
The trustees shall cause the income applicable to interest 
and dividends to be distributed among the security and 
stockholders as their interest may appear. 
. Section 9. The trustees may from time to time after 
notice and a hearing revise any fare districts or divide the 
lines of the company into different fare districts, but they 
shall at all times make such allocation of the items entering 
into the cost of service as will in their judgment fairly dis- 
tribute the aggregate of the same upon and among said dis- 
tricts, so as to avoid, so far as is consistent with the public 
interest and reasonably practicable, the inclusion of such 
items in the computation of the cost of service in any fare 
district as may properly be laid upon territory outside of 
such district. 

Any city or town by majority vote of the voters voting 
thereon may, from time to time, during the period of the 
management and control of trustees, for the purpose of ob- 
taining a lower schedule of fares or of avoiding a reduction 
or discontinuance of service, enter into an agreement or 
agreements with the trustees to pay any part or all of any 
excess of the cost of the service, as defined in section eight, 
on the lines of the company operating within such city or 
town, above the amount of the receipts of such lines arising 
from the schedule or schedules of rates and fares in effect 
thereon during the period covered by any such agreement; 
provided, that such contribution of a city or town shall not 
in any one year exceed the sum of two dollars per one thou- 
sand dollars of the preceding year's assessed valuation of 
such city or town; and provided, also, that any city or town 
contributing as aforesaid shall have a right of appeal from 
the decision of the trustees to the department on any ques- 
tion relating to the character or extent of the service ren- 
dered or facilities furnished in that city or town. If part 
only of the cities and towns in any fare district contribute 
to the cost of service under the above provisions, the trus- 
tees may make such adjustments in fares as in their judg- 
ment will be equitable. Such vote in cities shall be taken 
at the regular or biennial municipal election, and in towns 
at any town meeting called for the purpose. In either case 
the vote shall be taken by ballot and the question shall be 
submitted in such form as the city council or the selectmen 
may determine; provided, however, that if any city desires 
to enter into a temporary agreement with the trustees at 
any time more than sixty days prior to its next regular or 
biennial municipal election, it may do so by a majority vote, 
as defined in section one of chapter forty-four of the General 
Laws, and may bind said city to such agreement until said 
election, when the question shall be submitted to the voters 
in the manner provided herein. 



Acts, 1943. — Chap. 98. 129 

Section 10. The company shall be and hereby is author- 
ized to sell and dispose of to any person, firm or corpora- 
tion, including municipal corporations, electricity for light or 
power to the extent that the same shall not be required for 
the proper operation of its street railway systems, at such 
rates and upon such terms and conditions as it may from 
time to time fix and determine, subject to the approval of 
the department, which shall first determine that public ne- 
cessity and convenience require the same. 

The company, for the purpose of constructing, using and 
maintaining transmission lines for the purchase, sale or dis- 
posal of electricity for light and power purposes only, shall 
have the same rights as electric companies under section 
seventy-two of chapter one hundred and sixty-four of the 
General Laws to take land for such purposes, and in respect 
to any such taking shall be subject to the provisions of said 
section. 

Section 11. After the expiration of the five year period 
of management and operation by trustees as herein provided 
the company shall have all the powers a»d privileges and 
be subject to all the liabilities and restrictions of a street 
railway company organized under general laws now or here- 
after in force, and, with the consent of the department, may 
exercise any additional powers and privileges conferred by 
special acts applicable to the company until the general 
court shall otherwise provide. 

Section 12. The supreme judicial court shall have juris- 
diction in equity to review and alter, modify, amend or 
enforce rulings or orders of the trustees to the same extent 
that such jurisdiction is given to said court over rulings and 
orders of the department by any existing law. 

Section 13. Nothing in this act contained shall prevent 
the commonwealth from taking the whole or any part of the 
property of the company under the power of eminent domain. 

Section 14. This act shall take effect upon its acceptance 
by the company given by a vote of the holders of not less than 
a majority of all the stock of the company at a meeting held 
for the purpose, a copy of which vote, certified by the clerk 
of the company, shall be filed with the state secretary; pro- 
vided, however, that this act shall become void unless such a 
certified copy of said vote of acceptance shall so be filed on or 
before November first, nineteen hundred and forty-three. 

Approved March 25, 1943. 



130 



Acts, 1943. — Chap. 99. 



Chap. 99 An Act to enable cities and towns to appropriate 

MONEY FOR THE ERECTION OF MONUMENTS OR MEMORIALS 
FOR COMMEMORATING THE SERVICES AND SACRIFICES OF 
PERSONS IN THE MILITARY OR NAVAL FORCES OF THE 
UNITED STATES IN THE PRESENT WAR. 



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



Appropriations 
for care of 
certain graves. 



Be it enacted, etc., as follows: 

Clause (12) of section five of chapter forty of the Gen- 
eral Laws, as most recently amended by section two of 
chapter two hundred and seventeen of the acts of nineteen 
hundred and forty-one, is hereby further amended by strik- 
ing out, in the sixth and seventh lines, the words "the World 
war" and inserting in place thereof the following: — World 
war I or in World war II, — 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 United 
States in the Spanish American war or in World war I or in 
World war II, or who served in the military service of the 
commonwealth in time of war; for acquiring land by purchase 
or by eminent domain under chapter seventy-nine, purchas- 
ing, erecting, equipping or dedicating buildings, or construct- 
ing or dedicating other suitable memorials, for the purpose 
of properly commemorating the services and sacrifices of 
persons 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 
hohdays under the auspices of the following: — local posts 
of the Grand Army of the RepubHc, 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 
1812 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 



Acts, 1943. — Chaps. 100, 101. 131 

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. 

Approved March 25, 1943. 

An Act permitting the sale of heads, hides and hoofs Chap. 100 

OF DEER in certain CASES. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws g. l. (Ter. 
is hereby amended by striking out section one hundred and f'{-^[ ^^^^ 
one, as appearing in section two of chapter five hundred and amended. ' 
ninety-nine of the acts of nineteen hundred and forty-one, 
and inserting in place thereof the following section : — Sec- Buving, 
tion 101. No person, except as provided in this chapter, ofdefdwrds 
shall buy, sell, barter, exchange, or in any way deal in or and mam- 
trade with respect to, the dead or living bodies of birds or "^^ ^' '''^s" =**" • 
mammals, or parts thereof, protected by the law in this com- 
monwealth, whenever and wherever taken or killed, but a 
person who has lawfully killed a deer and has reported such 
killing under section seventy-nine or eighty may sell the 
head and hide thereof to any person licensed as a fur buyer 
under section one hundred and three or licensed as a taxi- 
dermist under section one hundred and four, and may sell 
the hoofs thereof, if the shinbones are attached thereto, to 
any person. Whoever violates any provision of this section Penalty. 
shall be punished by a fine of not less than fifty nor more 
than one hundred dollars or by imprisonment for not more 
than thirty days, or both. Approved March 25, 1943. 



An Act authorizing the administrative committee of Chav. 101 

THE DISTRICT COURTS, OTHER THAN THE MUNICIPAL COURT 
OF THE CITY OF BOSTON, TO PROHIBIT THE PRACTICE OF 
MOTOR VEHICLE TORT CASES, SO CALLED, BY JUSTICES OF 
CERTAIN DISTRICT COURTS. 

Be it enacted, etc., as follows: 

Section fortj^-three A of chapter two hundred and eighteen g. l. (Ter. 
of the General Laws, as most recently amended by section ftsX^etc., 
one of chapter six hundred and eighty-two of the acts of amended. 
nineteen hundred and forty-one, is hereby further amended 
by adding at the end of the first paragraph the following 
sentence : — The committee shall have power to prohibit 
the practice of motor vehicle tort cases, so called, by the 
justices of the district courts, other than the municipal court 
of the city of Boston, — so that said first paragraph will read 
as follows: — There shall be an administrative committee Administiativ 
of the district courts, other than the municipal court of the di'sTrTct"'^'' °^ 
city of Boston, which shall consist of five justices of such courts. 
district courts, appointed by the chief justice of the supreme Appoint^ment 
judicial court, each for a period not exceeding two years as ° '^"^ '^ ^' 



132 Acts, 1943. — Chap. 102. 

said chief justice may determine. Any such justice may be 
Duties of, etc. 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 subcom- 
mittee, 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 com- 
mittee may regulate the assignment of special justices in 
such district courts, determine the number of simultaneous 
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 adjourning of court and any 
simultaneous session thereof on each day, the names of the 
justices and special justices holding court or a simultaneous 
session thereof, and any other information which may gen- 
erally 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. The committee shall have power to 
prohibit the practice of motor vehicle tort cases, so called, 
by the justices of the district courts, other than the municipal 
court of the city of Boston. Approved March 25, 194S. 



Chap. 1^2 An Act further regulating the salaries of the county 

COMMISSIONERS OF BARNSTABLE COUNTY. 

Be it enacted, etc., as follows: 

G- T- fTer SECTION 1. Scction fivc of chapter thirty-four of the 

amended. ' General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by striking out the schedule appear- 
ing therein and inserting in place thereof the following 
schedule: — 



Salaries of DukcS County 

mi^^onerr" Franklin, Hampshire 1,500 

Barnstable, Berkshire, Plymouth 2,100 

Norfolk, Hampden, Bristol 3,000 

Worcester, Essex 3,600 

Middlesex 4,200 

Rffective date. Section 2. This act shall take effect as of January first 
in the current year. Approved March 25, 1943. 



Acts, 1943. — Chaps. 103, 104. 133 



An Act relative to the disposal of slash or brush (Jfiav 103 

FOLLOWING WOOD OR LUMBER OPERATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-eight of the General Laws g. l. (Ter. 
is hereby amended by striking out section sixteen, as ap- ^mendfd.^ ^''' 
pearing in the Tercentenary Edition, and inserting in place 
thereof the following section: — Section 16. Every owner, Disposal of 
lessee, tenant or occupant of lands or of any rights or interests bntsii^'^'' 
therein, except electric, telephone and telegraph companies, 
who cuts or permits the cutting of brush, wood or timber 
on lands which border upon woodland of another, or upon 
a highway or railroad location, shall dispose of the slash 
caused by such cutting in such a manner that the same will 
not remain on the ground within forty feet of any woodland 
of another, or of any highway or railroad location. 

Section 2. Said chapter forty-eight is hereby further g. l. (Ter. 
amended by striking out section eighteen, as so appealing, ^memhfd.^ ^'^' 
and inserting in place thereof the following section : — Sec- Electric, etc., 
Hon 18. Electric, telephone and telegraph companies which, ^mpanies to 
at the time of erecting their transmission lines, cut or cause slash. 
to be cut brush, wood or timber on land which borders 
upon woodland of another, or upon a highway or rail- 
road location, shall dispose of the slash caused by such cut- 
ting in such a manner that the same will not remain on 
the ground within forty feet of any woodland of another, 
or of any highway or railroad location; such companies 
which after the erection of their lines trim or cut brush, 
wood or timber which has grown up since the hue was 
erected, and which borders upon woodland of another, or 
upon a highway or railroad location, shall, upon the request 
of the forester, and within a time limit set by him, dispose 
of the slash of second or subsequent cuttings if the same 
in his opinion constitutes a menace to adjoining property. 

Approved March 25, 1943. 



An Act providing that the doorkeeper of each branch (JJidj) J^Q4 
OF the general court shall have the title of as- 
sistant sergeant-at-arms. 

Be it enacted, etc., as follows: 

Section eighteen of chapter three of the General Laws, g. l. (Ter. 
as amended by section one of chapter four hundred and ftc'^'amLdl'd. 
thirty-three of the acts of nmeteen hundred and forty-one, 
is hereby further amended by inserting after the word 
"branch" in the first line the words: — , each with the 
title of assistant sergeant-at-arms and, — so as to read as 
follows: — Section 18. There shall be a doorkeeper for each Employees of 
branch, each with the title of assistant sergeant-at-arms Irmr"*"^''" 
and each at a salary of twenty-seven hundred and fifty salaries. 
dollars, and such assistant doorkeepers as it may direct. 



134 Acts, 1943. — Chaps. 105, 106. 

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 necessary, for whose fitness 
and good conduct the sergeant-at-arms shall be responsible. 

Approved March 25, 1943. 



Chap.105 An Act relative to the admissibility of declarations 

OF DECEASED PERSONS IN CERTAIN CIVIL JUDICIAL PRO- 
CEEDINGS. 

Be it enacted, etc., as follows: 

F.'d\2li!' Section 1. Section sixty-five of chapter two hundred 

§^5^etc.,' and thirty-three of the General Laws, as amended by sec- 
tion one of chapter three hundred and sixty-three of the 
acts of nineteen hundred and forty-one, is hereby further 
amended by inserting after the word "action", in the sixth 
line, the words: — or other civil judicial proceeding, — so 

Declarations as to read as follows : — Section 65. A declaration of a de- 
ceased person shall not be inadmissible in evidence as hear- 
say or as private conversation between 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 or other 
civil judicial proceeding and upon the personal knowledge 
of the declarant. 

Effeotivo date. Section 2. This act shall take effect on October first in 
the current year. Approved March 25, 1943. 



amended. 



of deceased 
pertions 



preamble. 



Chap. 106 An Act reviving j. puccia & co. inc. 

Emergency Whereas, The deferred operation of this act would tend 

to defeat its purpose, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

J. Puccia & Co. Inc., a corporation dissolved by section 
one of chapter eight of the acts of nineteen hundred and 
thirty-five, is hereby revived with the same powers, duties 
and obHgations as if said chapter had not been passed. 

Approved March 25, 1943. 



Acts, 1943. — Chaps. 107, 108, 109. 135 



An Act providing for the partial discharge of a col- QJkij) ]^07 
lector of taxes from liability on his bond under 
certain circumstances. 

Be it enacted, etc., as follows: 

Section ninety-five of chapter sixty of the General Laws, g. l. (Ter. 
as most recently amended by section six of chapter three ^ttl'amenVed. 
hundred and eighty of the acts of nineteen hundred and 
forty-one, is hereby further amended by adding at the 
end the following sentence : — A collector shall be discharged J^necrOT from 
from liability upon his bond for failure to collect taxes out- liability on 
standing for more than two years to the extent that the *"""''' "'*'''"• 
commissioner shall certify that such taxes are presently un- 
collectible because of judicial order or decree or because of 
similar reason and that such taxes are outstanding without 
fault of such collector. Approved March. 35, 1943. 



An Act relative to the registration as voters of Chap. 108 

PERSONS CLAIMING TO BE CITIZENS. 

Be it enacted, etc., as follows: 

Chapter fifty-one of the General Laws is hereby amended idV s^Mo 
by striking out section forty-five, as appearing in the Ter- amended. 
centenary Edition, and inserting in place thereof the follow- 
ing section: — Section Jf.5. If an applicant for registration Registration of 
claims to be a naturalized citizen or to derive citizenship cUkMs!^*^^ 
through the naturalization or citizenship of another, the 
registrars shall require him to produce for inspection the 
papers of naturalization, certificate of citizenship made un- 
der federal authority or any other papers upon which he 
relies and shall, if satisfied that the applicant is a citizen, 
make upon such papers a memorandum of the date of such 
inspection. If such papers have once been examined and 
record thereof made in the general register, the registrars 
need not again require their production. 

Approved March 25, 1943. 

An Act relative to the registration of voters prior Chav. 109 

TO PRELIMINARY ELECTIONS IN CERTAIN CITIES. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-seven of chapter fifty-one of ^d^'s^'^s^T 
the General Laws, as most recently amended by section etc!, 'amended'. 
three of chapter four hundred and seventy-three of the 
acts of nineteen hundred and thirty-eight, is hereby further 
amended by adding at the end the following sentence : — 
The provisions of this section applica^ble in the case of a 
city primary shall apply also in the case of a preliminary 
election held in any city under chapter forty-three, or under 
any special law except where it is otherwise provided, — so 
as to read as follows : — Section 27. They shall hold at least sessions before 



136 Acts, 1943. — Chap. 110. 

one session at some suitable place in every city or town on 
or before the last day for registration preceding the biennial 
state primary and the presidential primary, and on or be- 
fore the Wednesday next but one preceding a city or town 
primary, except a primary preceding a special city or town 
election. The provisions of this section applicable in the 
case of a city primary shall apply also in the case of a pre- 
liminary election held in any city under chapter forty-three, 
or under any special law except where it is otherwise pro- 
vided. 
EdVii'^^'oA Section 2. Section twenty-nine A of said chapter fifty- 
amended. "' ' one, as appearing in the Tercentenary Edition, is hereby 
amended by adding at the end the following sentence : — 
The provisions of this section applicable in the case of a 
special city primary shall apply also in the case of a special 
preliminary election held in any city under chapter forty- 
three, or under any special law except where it is otherwise 
Sessions prior providcd, — SO as to read as follows: — Section 29 A. They 
primar^ei. shall, iu somc suitablc place in every city or town wherein 
there is to be a special state, city or town primary, hold a 
session on the fourth day preceding such primary. Regis- 
tration shall cease at ten o'clock in the evening of the day 
on which such a session is held. The provisions of this sec- 
tion applicable in the case of a special city primary shall 
apply also in the case of a special preliminary election held 
in any city under chapter forty-three, or under any special 
law except where it is otherwise provided. 

Approved March 25, 1943. 



Chap. 110 An Act making certain corrective changes in the 

BANKING LAWS. 

Be it enacted, etc., as folloivs: 

G. L. (Ter. Section 1. Scction eighteen of chapter one hundred and 

ameAdeT ^ ^^' sixty-seveu of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out, in the 
third and fourth lines, the words "the preceding section" 
and inserting in place thereof the words : — section sixty- 
seven of chapter one hundred and seventy-two or in section 
forty-seven of chapter one hundred and sixty-eight, — so as 
Payment of to read as follows: — Section IS. An officer, agent, clerk or 
dh^dTndi servant of a trust company or savings bank who pays or 

prohibited. authorizes the payment of any dividend or interest unless 
Penalty. the sauic has been earned and collected as provided in sec- 

tion sixty-seven of chapter one hundred and seventy-two or 
in section forty-seven of chapter one hundred and sixty- 
eight shall be punished by a fine of not more than one thou- 
sand dollars or by imprisonment for not more than six 
months. 
G. L. (Ter. SECTION 2. Scction forty-six of said chapter one hundred 

amended.' ''' and sixty-seveu, as so appearing, is hereby amended by strik- 
ing out, in the sixth line, the word "seventy-two" and in- 



Acts, 1943. — Chap. 110. 137 

serting in place thereof the following: — seventy-two A, — 
so as to read as follows : — Section J^G. In addition to the General 
duties imposed by law upon the treasurer of a bank, or the treasurer, etc 
officer or employee thereof charged with the duties and 
functions usually performed by the treasurer, he shall also 
be responsible for the performance of all acts and duties re- 
quired of such corporation by the provisions of chapters one 
hundred and sixty-seven to one hundred and seventy-two A, 
inclusive, except in so far as such performance has been ex- 
pressly imposed on some other officer or employee of such 
bank by its regulations or by-laws or by provision of law. 

Section 3. Section forty-seven of said chapter one hun- g. l. (Xer. 
dred and sixty-seven, as so appearing, is hereby amended by §^47' anJended. 
striking out, in the fourth line, the word "seventy-two" and 
inserting in place thereof the following : — seventy-two A, 

— and by striking out, in the eleventh and twelfth lines, the 
words "the preceding section" and inserting in place thereof 
the words : — section forty-six, — so as to read as follows : 

— Section Ifl'. Any officer, director, trustee, agent or em- General 
ployee of any bank, who knowingly and wilfully does any p^'^^^^^- 
act forbidden to him or to such bank b}'' any provision of 
chapters one hundred and sixty-seven to one hundred and 
seventy-two A, inclusive, or who knowingly and wilfully aids 

or abets the doing of any act so forbidden to such bank or 
to any other officer, director, trustee, agent or employee 
thereof, or who knowingly and wilfully fails to do any act 
required of him by anj^ such provision, or who knowingly and 
wilfully fails to do any act which is required of such bank by 
any such provision the performance of which is imposed on 
him by the by-laws or regulations of the bank or by law or 
the responsibility for the non-performance of which is placed 
upon him by section forty-six, shall, if no other penalty 
against him in his aforesaid capacity is specifically provided, 
be punished by a fine of not more than one thousand dollars 
or by imprisonment for not more than one year, or both. 

Section 4. Paragraph (2) of subdivision (e) of clause g. l. (Ter. 
Ninth of section fifty-four of chapter one hundred and sixty- ^tl!'ameAded*' 
eight of the General Laws, as appearing in section twenty- 
six of chapter three hundred and thirty-four of the acts of 
nineteen hundred and thirt3'-three, is hereby amended by 
striking out, in the second line, the word ", Fourth", — so 
as to read as follows: — (2) Bonds or notes authorized for investments 
investment by clause Second, Third, Fifth, Sixth, Sixth A, authorized. 
or Seventeenth at no more than ninety per cent of the mar- 
ket value thereof, at any time while such note is held by 
such corporation; or 

Section 5. Paragraph (4) of said subdivis^pn (e), as ap- g. l. (Ter. 
pearing in the Tercentenary Edition, is hereby repealed. ftc'!'repeai!d^^' 

Section 6. Paragraph (5) of said subdivision (e), as ap- q ^ (Ter 
pearing in section twenty-six of chapter three hundred and Ed.), les, § 54, 
thirty-four of the acts of nineteen hundred and thirty-three, "^ °" ^^^^ ^ 
is hereby amended by striking out, in the first line, the words 
"Such other" and inserting in place thereof the word: — 



138 Acts, 1943. — Chap. 111. 

Investments Other, — SO as to read as follows : — (5) Other bonds, notes 
or shares of corporations or associations at no more than 
eighty per cent of the market value thereof, at any time 
while such note is held by such corporation ; provided, that, 
if the commissioner shall disapprove any such bonds, notes 
or shares, he may make such written recommendations to 
the board of investment of such corporation as the case may 
require, and may in his discretion include in his annual re- 
port a statement of the facts in each case in which such board 
of investment has not complied with his recommendations 
in a manner satisfactory to him; or 
Ed.\ i?2r§ 69, Section 7. Section sixty-nine of chapter one hundred 
amended. ^^d scveuty-two of thc General Laws, as appearing in the 

Tercentenary Edition, is hereby amended by striking out, in 
the first and second lines, the words "seventeen of chapter 
one hundred and", — so as to read as follows: — Section 
of\°ntMe°st 69. Except as otherwise provided by section sixty-seven, 
regulated. no such corporation shall allow interest on any savings 
deposit from a date prior to that on which the deposit 
is made, nor shall a deposit which is withdrawn between its 
dividend days be entitled to interest after the prior dividend 
day except with the written permission of, and under regu- 
lations prescribed by, the commissioner. 
EdV 17''^ % 18 Section 8. Section eighteen of said chapter one hun- 
etc, amemied. ' drcd and scveuty-two, as most recently amended by chap- 
ter eighteen of the acts of nineteen hundred and thirty-five, 
is hereby further amended by striking out the second para- 
graph, and inserting in place thereof the following: — 
Trust com- In casc dividends on the preferred stock are to be cumula- 

menfof'Tto'ck tivc, no dividcuds shall be declared or paid on common stock 
dividend.s. ^^j^^jj g^jj g^gj^ cumulative dividends shall have been paid in 
full and all requirements of any retirement fund shall have 
been met; and if such corporation is placed in voluntary 
liquidation, or a conservator is appointed therefor, or pos- 
session of its property and business has been taken by the 
commissioner, no payment shall be made to the holders of 
the common stock until the holders of the preferred stock 
shall have been paid in full such amount as may, with the 
approval of the commissioner, be provided in the articles of 
organization or amendments thereof, not in excess of the 
purchase price or other consideration received by the corpo- 
ration for such preferred stock, plus all accumulated unpaid 
dividends. Approved March 25, 1943. 

Chap. Ill An Act relative to the licensing of dogs and kennels. 

Be it enacted, etc., as follows: 

EdV ilo"^' Section 1. Section one hundred and thirty-six A of 

§ i36.\. etc., chapter one hundred and forty of the General Laws, inserted 

amended. ^^ scction One of chapter three hundred and twenty of the 

acts of nineteen hundred and thirty-four, is hereby amended 

by striking out the definition of "Kennel" and inserting in 

place thereof the two following definitions : — 



Acts, 1943. — Chap. 111. 139 

"Kennel", one pack or collection of dogs on a single Definitions. 
premises, whether maintained for breeding, boarding, sale, 
training, hunting or other purposes and including any shop 
where dogs are on sale, and also including every pack or 
collection of more than three dogs three months old or over 
owned or kept by a person on a single premises irrespective 
of the purpose for which they are maintained. 

"License period", the time between April first and the 
following March thirty-first, both dates inclusive. 

Section 2. Said chapter one hundred and forty is hereby g. l. (Ter. 
further amended by striking out section one hundred and ftsT'/et'c., 
thirty-seven, as most recently amended by section two of amended. 
said chapter three hundred and twenty, and inserting in 
place thereof the following section: — Section 137. A per- Licenses. 
son who at the commencement of a license period is, or who 
during any license period becomes, the owner or keeper of 
a dog three months old or over which is not duly licensed, 
and the owner or keeper of a dog when it becomes three 
months old during a license period, shall cause it to be 
registered, numbered, described and licensed until the end 
of such license period, and the owner or keeper of a dog so 
registered, numbered, described and licensed during any 
license period, in order to own or keep such dog after the 
beginning of the succeeding license period, shall, before 
the beginning thereof, cause it to be registered, numbered, 
described and hcensed for such period; provided, that the 
foregoing provisions shall not apply where it is otherwise 
provided by law nor shall they apply to a person having a 
kennel license. The registering, numbering, describing and 
licensing of a dog, if kept in Boston Bhall be in the office of 
the police commissioner or if kept in any other town in the 
office of the clerk thereof. 

The license shall be in a form prescribed by the director, 
upon a blank to be furnished, except in the county of Suffolk, 
by the county in which the town is located, and shall be sub- 
ject to the condition expressed therein that the dog which is 
the subject of the license shall be controlled and restrained 
from killing, chasing or harassing live stock or fowls. The Collars. 
owner or keeper of a licensed dog shall cause it to wear 
around its neck or body a collar or harness of leather or 
other suitable material, to which shall be securely attached 
a tag in a form prescribed by the director, and upon which 
shall appear the Hcense number, the name of the town issu- 
ing such license and the year of issue. Such tags shall be 
furnished in the same manner as the hcense blanks, and 
if any such tag shall be lost the owner or keeper of such dog 
shall forthwith secure a substitute tag from the town clerk 
or, in Boston, from the pohce commissioner, at a cost of ten 
cents which, if received by a town clerk, shall be retained 
by him unless otherwise provided by law. 

Section 3. Section one hundred and thirty-seven A of g^^. (Ter. 
said chapter one hundred and forty, as amended by chapter § i37A, etc., 
ninety-five of the acts of nineteen hundred and thirty-seven, ^^"^ ® ' 



140 Acts, 1943. — Chap. HI. 

is hereby further amended by striking out the first para- 
graph, as appearing in section three of said chapter three 
hundred and twenty, and inserting in place thereof the fol- 
lowing paragraph : — 
ofl'^^nrnt Every person maintainmg a kennel shall have a kennel 

license. Any owner or keeper of less than four dogs three 
months old or over who does not maintain a kennel may 
elect to secure a kennel license in lieu of licensing such dogs 
under section one hundred and thirty-seven, and during such 
time as he does not license such dogs thereunder shall have a 
kennel license and shall be subject to this section and to 
sections one hundred and thirty-seven B and one hundred 
and thirty-seven C and to so much of section one hundred 
and forty-one as relates to violations of this section, section 
one hundred and thirty-seven B or section one hundred and 
thirty-seven C to the same extent as though he were main- 
taining a kennel. Kennel licenses under this section shall be 
issued by the police commissioner of the city of Boston if the 
dogs are to be kept under such license in said city or by the 
clerk of any other town if to be so kept in said town. 

Such license shall be in a form prescribed by the director, 
upon a blank to be furnished, except in the county of Suffolk, 
by the county in which the town is located. Such license 
shall be in lieu of any other license for any dog while kept 
at such kennel during any portion of the period for which 
such kennel license is issued. The holder of a license for 
a kennel shall cause each dog kept therein to wear, while 
it is at large, a collar or harness of leather or other suitable 
material, to which shall be securely attached a tag upon 
which shall appear the number of such kennel license, the 
name of the town issuing such license and the year of issue. 
Such tags shall be in a form prescribed by the director, and 
shall be furnished to such owner or keeper by the clerk of the 
town in which such kennel is licensed, or, if licensed in 
Boston, by the police commissioner, in quantities not less 
than the number of dogs kept in such kennel. The fee for 
each license for a kennel shall be ten dollars if not more than 
four dogs are kept in said kennel, twenty-five dollars if more 
than four but not more than ten dogs are kept therein and 
fifty dollars if more than ten dogs are kept therein ; provided, 
that, for the purpose of determining the amount of such fee 
for any kennel, dogs under the age of six months shall not 
be comited in the number of dogs kept therein. The name 
and address of the owner of each dog kept in any kennel, 
if other than the person maintaining the kennel, shall be 
kept on file thereat and available to inspection by the county 
commissioners and by any dog officer, conservation officer, 
deputy conservation officer, fish and game warden or police 
officer. 

The clerk of any town, or in Boston the police commis- 
sioner, shall upon application issue without charge a kennel 
license to any domestic charitable corporation incorporated 



Acts, 1943. — Chap. 112. 141 

exclusively for the purpose of protecting animals from 
cruelty, neglect or abuse and for the relief of suffering among 
animals. 

Section 4. Said chapter one hundred and forty is hereby g. l. (Ter. 
further amended by strikmg out section one hundred and f^ss/et!-' 
thirty-eight, as most recently amended by chapter ninety- amended. " 
two of the acts of nineteen hundred and thirty-eight, and 
inserting in place thereof the following section: — Section 13S. of'do1"ft 
A person who during any license period becomes the owner 
or keeper of a dog which is duly licensed in the town where 
it is to be kept shall forthwith give notice in writing to 
the clerk of such town, or if kept in Boston to the police 
commissioner, that he has become such owner or keeper 
and said clerk or police commissioner, as the case may be, 
shall change the record of such license to show the name and 
address of the new owner or keeper. Any person bringing 
or causing to be brought from another state or country any 
dog licensed under the laws thereof which is three months 
old or over or will be three months old before the expiration 
of thirty days therefrom shall, on or before the expiration 
of thirty days following the arrival of such dog within the 
commonwealth, cause such dog to be registered, numbered, 
described and licensed for the remainder of the then current 
license period. Approved March 25, W^S. 

An Act providing for the holding of biennial municipal Chav.\\2 

ELECTIONS IN THE CITY OF BEVERLY 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, biennial municipal elections in the city of 
Beverly for the choice of mayor, members of the board of 
aldermen and members of the school committee shall be 
held on the second Tuesday of November in every odd- 
numbered year. 

Section 2. No biennial municipal election shall be held 
in said city in the year nineteen hundred and forty-four. 

Section 3. The terms of office of the mayor and of the 
members of the board of aldermen elected in said city in 
the year nineteen hundred and forty-two shall continue 
until the qualification of their successors who shall be elected 
at the biennial municipal election to be held in the year 
nineteen hundred and forty-five. The terms of office of 
the members of the school committee elected in said city 
in the year nineteen hundred and forty shall continue until 
the qualification of their successors who shall be elected 
at the biennial municipal election to be held in the year 
nineteen hundred and forty-five. The terms of office of 
the members of the school committee elected in said city 
in the year nineteen hundred and forty-two shall continue 



142 Acts, 1943. — Chaps. 113, 114. 

until the qualification of their successors who shall be elected 
at the biennial municipal election to be held in the year 
nineteen hundred and forty-seven. 

Section 4. Such provisions of chapter five hundred 
and forty-two of the acts of nineteen hundred and ten, and 
acts in amendment thereof or in addition thereto, as are 
inconsistent with this act are hereb}^ repealed. 

Section 5. This act shall be submitted to the registered 
voters of the city of Beverly at the biennial state election 
in the year nineteen hundred and forty-four 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-three, entitled 'An Act providing for the hold- 
ing of biennial municipal elections in the city of Beverly 
in odd-numbered years and establishing 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. Approved March 25, 1943. 

Chap. lis An Act authorizing the commissioner of correction 

TO REMOVE ANY PRISONER FROM THE STATE PRISON TO 
the MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

G^i-|Ter Chapter one hundred and twenty-seven of the General 

amende"d.' ' Laws is hereby amended by striking out section ninety- 
seven, as appearing in the Tercentenary Edition, and in- 

Removai from scrtiug in placc thereof the following section: — Section 97. 

tJ^reforma'tory, The commissioncr may remove to the Massachusetts re- 
formatory any prisoner held in the state prison who, in his 

Return. judgment, may properly be so removed, and may at any 

time return such prisoner to the state prison. Prisoners 
so removed shall be subject to the terms of their original 
sentences and to the provisions of law governing parole 
from the state prison. Approved Marxh 26, 1943. 

Chap. 114 An Act authorizing the town of Chatham to erect a 

WHARF, BULKHEAD AND FISH PACKING HOUSE ON CERTAIN 
property in SAID TOWN. 

Be it enacted, etc., as folloios: 

Section 1. The town of Chatham is hereby authorized 
to erect a wharf, bulkhead and fish packing house on a town 
landing between Shore road and the waters of Pleasant bay, 
better known as Aunt Lydia's cove, and to be known as 
Chatham Town Wharf, and said town may maintain and 
operate such property as a wharf, bulkhead and fish packing 
house and public landing. The erection and maintenance of 
said structures shall be subject to the provisions of chapter 
nip Bty-one of the General Laws, so far as applicable. 



Acts, 1943. — Chap. 115. ' 143 

Section 2. The powers conferred by this act may be 
exercised by the selectmen of said town, who shall also have 
power to make rules and regulations governing the use of 
said wharf, bulkhead and fish packing house, subject, how- 
ever, to such rules and regulations as the town may from 
time to time fix by vote. 

Section 3. For the purpose of erecting said wharf, bulk- 
head and fish packing house, said town may borrow from 
time to time 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 
Chatham Wharf Loan, Act of 1943. Each authorized issue 
shall constitute a separate loan, and such loans shall be paid 
in not more than ten years from their date. Indebtedness 
incurred under this act shall be within the statutory limit, 
but shall, except as provided herein, be subject to chapter 
forty-four of the General Laws, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Section 4. This act shall be submitted to the voters of 
the town of Chatham at any time within five years after its 
passage at an annual meeting of the inhabitants of the town 
and it shall take full effect only upon its acceptance by a 
majority of the voters present and voting thereon. 

Approved March 26, 1943. 

An Act authorizing the city of Springfield to sell or Chap. 115 
otherwise dispose of certain land situated in said 
city and now held or used by said city for public 
park purposes. 

Be it enacted, etc., as follows: 

The city of Springfield, by its board of park commissioners, 
may, by sale, exchange or otherwise, transfer and dispose of 
certain real property situated in said city and held or used 
by it for public park purposes, said property being bounded 
and described as follows : — Beginning at a stone bound at 
the intersection of the northeasterly line of Edgemont street 
with the southeasterly line of Roosevelt avenue and run- 
ning thence north 45° 42' 30" east by said line of Roosevelt 
avenue one hundred and four and ninety-four one-hundredths 
(104.94) feet to an iron pin, thence south 26° 38' 40" east by 
land of said city fifty-two and thirty-eight one-hundredths 
(52.38) feet to an iron pin at land now or formerly of one 
Fillion, thence ,south 74° 58' 40" west by said last named 
land one hundred and two and nine one-hundredths (102.09) 
feet to the stone bound at the point of beginning, being a 
triangular parcel of land containing two thousand, six hun- 
dred and nineteen (2,619) square feet more or less. 

Approved March 26, 1943. 



144 Acts, 1943. — Chap. 116. 



Chap. IIQ An Act authorizing the city of Springfield to use for 

PUBLIC PLAYGROUND AND RECREATION CENTER PURPOSES 
CERTAIN LAND SITUATED IN SAID CITY AND NOW HELD OR 
USED BY SAID CITY FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

The city of Springfield, by its board of park commission- 
ers, may use for the purposes of a pubhc playground or rec- 
reation center certain real property situated in said city 
and held or used by it for park purposes as a part of Blunt 
park, so called, said property being bounded and described 
as follows : — Beginning at a point on the south side of Bay 
road twelve hundred and one and 30/100 (1,201.30) feet 
west of the southwest corner of Roosevelt avenue and Bay 
road, and running thence along the land now or formerly 
of Patrick Fitzgerald south 3° 02' 45" west five hundred 
and eighty-one and 50/100 (581.50) feet to a stone bound; 
running thence along said last-named land south 86° 56' 16" 
east twelve hundred and sixty-eight and 13/100 (1,268.13) 
feet to Roosevelt avenue ; running thence along the westerly 
edge of said Roosevelt avenue three thousand, two hundred 
and ninety-three and 84/100 (3,293.84) feet; running thence 
along the land now or formerly of trustees of Reed Realty 
Trust north 42° 18' 49" west three hundred and fifty-four 
and 52/100 (354.52) feet to a stone bound; running thence 
along said last-named land north 74° 42' 15" west ten hun- 
dred and thirteen and 18/100 (1,013.18) feet; running thence 
along said last-named land south 75° 52' 03" west five hun- 
dred and fifty and 61/100 (550.61) feet to a stone bound; 
running thence along the land now or formerly of the city 
of Springfield, Ewing S. Cook, Stoddard Motor Car Com- 
pany and Patrick and Julia Wallace north 19° 06' 20" east 
six hundred and fifty-four and 65/100 (654.65) feet to a 
stone bound; running thence' along the land now or for- 
merly of Stoddard Motor Car Company, city of Springfield 
and Josephine S. Smith, Inc. north 9° 17' 40" west two hun- 
dred and sixty-four (264) feet to a stone bound; running 
thence along land now or formerly of Josephine S. Smith, 
Inc., Richard C. Larson, Rosaire J. Couture, city of Spring- 
field, Mathilda Anderson and Emma M. Werson north 24° 
17' 40" west seven hundred and forty-seven and 64/100 
(747.64) feet to a stone bound in the south line of Bay road; 
running thence along the southerly side of Bay road twenty- 
five hundred and seventy-one and 01/100 (2,571.01) feet to 
the place of beginning, and may conduct and promote rec- 
reation, play, sport and physical education for which admis- 
sion may be charged on such land and in the buildings 
thereon, and may construct buildings on this land owned 
by it, and may provide equipment for such purposes. The 
powers and authority conferred by section fourteen of chap- 
ter forty-five of the General Laws are hereby granted to the 
city of Springfield and its board of park commissioners or to 



Acts, 1943. — Chaps. 117, 118. 145 

such other board, commission or committee as the city coun- 
cil may determine, for the purposes of using said above de- 
scribed property for a pubhc playground or recreation center. 

Approved March 26, 1943. 

An Act permitting recipients of aid to dependent Qhnj) 117 

CHILDREN, SO CALLED, TO LEAVE THE COMMONWEALTH ^' 

WITHOUT SUSPENSION OF SUCH AID. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighteen of the General Laws g. l. (Ter. 
is hereby amended by inserting after section four, as appear- f'l'l;^ Idd'ed^"^ 
ing in section one of chapter four hundred and thirteen of 
the acts of nineteen hundred and thirty-six, the follow- 
ing section : — Section ^A . Any parent receiving aid under Parents re- 
this chapter, or any child for whose bringing up such aid miy bi*'^ 
is furnished, may be absent from the commonwealth on absent from 

... .,1,1. !•! iir^i , commonwealth. 

Visit Without having such aid suspended, buch parent, 
before his departure or the departure of the child from the 
commonwealth and following return thereto, shall notify 
the board of public welfare of the town granting such aid. 
The department may provide by rules or regulations for the 
continuation of such aid during such period as it may deem 
proper with respect to cases where the suspension of such 
aid because of absence from the commonwealth would result 
in undue hardship or [be inconsistent with the purposes of 
this chapter. Approved March 26, 1943. 

An Act FURTHER regulating investments of credit (^/^^2?. 118 

UNIONS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-one of the General g^L.^Ter 
Laws is hereby amended by striking out section twenty-one^ etc!, 'amended. ' 
as most recently amended by chapter two hundred and 
twenty-eight of the acts of nineteen hundred and thirty- 
seven, and inserting in place thereof the following section : — 
Section 21. The capital, deposits and surplus of a credit investment 
union shall be invested in loans to members, with approval regXtld. 
of the credit committee, as provided in section twenty-two, 
and also when so required herein, of the board of directors; 
and any capital, deposits or surplus funds in excess of the 
amount for which loans shall be approved by the credit 
committee and the board of directors, may be deposited 
in savings banks or trust companies incorporated under 
the laws of this commonwealth, or in national banks located 
therein, or invested in any bonds, notes, bankers' accept- 
ances or bank stocks which are at the time of their purchase 
legal investments for savings banks in this commonwealth, 
or, to the extent authorized by section three of chapter 
two hundred and sixteen of the acts of nineteen hundred 
and thirty-two, in the shares of Central Credit Union Fund, 



146 Acts, 1943. — Chap. 119. 

Inc., or in the shares of co-operative banks incorporated 
in this commonwealth, but not more than three per cent 
of the assets of a credit union shall be invested in bank 
stocks at any one time. At least five per cent of the total 
assets of a credit union shall be carried as cash on hand or 
as balances due from banks and trust companies, or invested 
in the bonds or notes of the United States, or of any state, 
or subdivision thereof, which are legal investments for sav- 
ings banks as above provided, or in the shares of Central 
Credit Union Fund, Inc.; provided, that such bonds, notes 
or shares are the absolute property and under the control 
of such credit union. Whenever the aforesaid ratio falls 
below five per cent, no further loans shall be made until the 
ratio as herein provided has been re-established. Invest- 
ments, other than personal loans, shall be made only with 
the approval of the board of directors. 

Approved March 26^ 1943. 

Chap.119 An Act reducing the rate of interest on certain 

SEWER ASSESSMENTS IN THE TOWN OF DANVERS. 

Be it enacted, etc., as follows: 

Section seven of chapter two hundred and twenty-nine 
of the Special Acts of nineteen hundred and sixteen, as 
amended by section three of chapter three hundred and 
twenty-eight of the acts of nineteen hundred and thirty- 
seven, is hereby further amended by striking out, in the 
thirty-eighth and in the forty-sixth Unes, the word "six" 
and inserting in place thereof, in each instance, the word : — 
four, — so as to read as follows : — Section 7. 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 third 
or more than one half of 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 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 determine 
by which of such methods the remaining portion of said cost 
shall be provided for. In case it determines that such re- 
maining portion of said cost shall be provided for wholly 
or in part by assessments upon the owners of estates situ- 
ated within the territory embraced by said system or sys- 
tems and benefited thereby, then said owners shall be as- 
sessed by said board of commissioners their proportional 
parts, respectively, of such portion of said cost as said town 
shall have determined is to be provided for by assessment, 
but no estate shall be deemed to be benefited until a sewer 
is constructed into which it can be drained. For the pur- 
pose of fixing the amounts of such assessments the said board 
shall determine the value of the special benefit to each of 
said estates, respectively, from the said system or sys- 



Acts, 1943. — Chap. 120. 147 

terns of sewers, taking into account all the circumstances 
of the case; and the proportionate part to be paid by the 
owners of said estates, respectiveh^ shall be based upon the 
amount of the special benefit to each estate, determined as 
aforesaid, and in no case shall exceed such special benefit. 
When the sewerage system is available to an abutter on a 
street in which a lateral sewer has been laid, the water and 
sewer commissioners shall notify said abutter in writing to 
that effect and of the total amount of the assessment levied 
against his estate; and the board shall apportion such as- 
sessment into ten equal parts or assessments and shall cer- 
tify such apportionment to the assessors of the town, and 
one of said parts or instalments, with interest from the date 
of the apportionment at four per cent per annum, shall be 
added by the assessors to the annual tax on such estate for 
each year next ensuing, until all the said parts have so been 
added, unless sooner paid as hereinafter provided, and pro- 
vided, further, that nothing herein contained shall be con- 
strued to prevent the payment at any time in one payment, 
notwithstanding its prior apportionment, of any balance of 
said assessments then remaining unpaid, but interest on 
such balance at the rate of four per cent per annum shall be 
paid to the date of such payment, and thereupon the col- 
lector of taxes of said town shall receive the same and shall 
certify such payment or payments to the assessors, who shall 
preserve a record thereof. In case of corner lots abutting 
on more than one sewered street the same area shall not be 
assessed more than once. Approved March 26, 1943. 

An Act authorizing the removal and hospitalization Chav. 120 

OF PRISONERS HELD FOR SENTENCE OR ^RIAL FOR A 
CAPITAL CRIME. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-seven of the General %^^- [Jf- 
Laws is hereby amended by striking out section one hundred § ii7, etc., 
and seventeen, as amended by section one of chapter five ^'^'''^'^^^■ 
hundred and ten of the acts of nineteen hundred and forty- 
one, and inserting in place thereof the following section: — 
Section 117. Whenever the physician of any prison, or of ^"^''if''^'''''" 
any institution under the control of the department of prisoners. 
correction at which a department for defective delinquents 
is maintained under section one hundred and seventeen of 
chapter one hundred and twenty-three, certifies that a per- 
son held in such prison for trial or sentence, or a person under 
commitment to such a department, as the case may be, re- 
quires medical treatment 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 any 
hospital, except in the case of a person held in such prison for 
trial or sentence for a capital crime, in which case the com- 
missioner may temporarily place such person in the hospital 
at the state prison colony. Approved March 26, 1943. 



148 



Acts, 1943. — Chaps. 121, 122. 



G. L. (Ter. 
Ed.), 167, S 
amended. 



Chop. 121 An Act relative to the voluntary liquidation of 

BANKING COMPANIES. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter one hundred and sixty- 
seven of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by striking out, in the seven- 
teenth line, the words "or trust company" and inserting in 
place thereof the words : — , trust company or company sub- 
ject to chapter one hundred and seventy-two A, — and by 
inserting after the word "company" in the twentieth line 
the words: — or a company subject to chapter one hundred 
and seventy-two A, — so that the second paragraph will 
read as follows : — 

Subject to the written approval of the commissioner, any 
co-operative bank, trust company or company subject to 
chapter one hundred and seventy-two A may be dissolved 
and liquidate its affairs if authorized by a vote passed, at a 
meeting specially called to consider the subject, by at least 
two thirds of the shareholders in a co-operative bank or by 
stockholders of a trust company or a company subject to 
chapter one hundred and seventy-two A representing at least 
two thirds of its outstanding capital stock. A committee of 
three shareholders or stockholders shall thereupon be elected, 
and, under such regulations as may be prescribed by the 
commissioner, shall liquidate the assets, and after satisfying 
all debts of the corporation shall distribute the remaining 
proceeds among those entitled thereto in proportion to their 
respective interests therein. Approved March 29, 1943. 



Voluntary 
liquidation. 



Chap.122 An Act postponing the termination of the division of 
liquidations and regulating the disposition of the 
assets of certain closed banking institutions. 



Em rg-ncy 
preamble. 



Whereas, The provisions of law sought to be extended by 
this act would, but for this act, shortly cease to be effective, 
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. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter five hundred and fif- 
teen of the acts of nineteen hundred and thirty-nine, as 
amended by section two of chapter one hundred and forty- 
three of the acts of nineteen hundred and forty-one, is hereby 
further amended by striking out, in the fourth line, the 
word "April" and inserting in place thereof the word: — 
September, — so as to read as follows: — Section 4- This 
act shall take effect on September first, nineteen hundred 



Acts, 1943. — Chaps. 123, 124. 149 

and thirty-nine, and shall become inoperative on September 
first, nineteen hundred and forty-three. 

Section 2. Any and all funds and property of any insti- 
tution under the administration of the director of liquida- 
tions under chapter five hundred and fifteen of the acts of 
nineteen hundred and thirty-nine, which remain in the pos- 
session of said director at midnight on August thirty-first, 
nineteen hundred and forty-three shall thereupon be vested 
in the commissioner of banks, without action on the part of 
any person; provided, however, that upon the filing at any 
time prior thereto by said director, with the approval of 
said commissioner, in the office of the clerk of the supreme 
judicial court for Suft^olk county of a certificate transferring 
to the possession of said commissioner any and all funds 
and property of such an institution which remain in the pos- 
session of said director, whether or not the liquidation thereof 
has then been completed, such funds and property shall be 
vested in said commissioner. Upon the vesting in said com- 
missioner hereunder of the funds and property of any insti- 
tution, said commissioner, in addition to all other powers 
vested in him by statute or otherwise, shall have and shall 
exercise all the powers, duties and functions theretofore had 
by said director by virtue of statute or otherwise in relation 
to the conservation and liquidation of such institution, its 
funds and property. 

Section 3. Section three of chapter five hundred and 
fifteen of the acts of nineteen hundred and thirty-nine is 
hereby repealed. Approved March 30, 1943. 

An Act authorizing the city of salem to convey cer- Chav. 123 

TAIN property HELD FOR PARK PURPOSES BY SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Salem is hereby authorized to 
convey to Walter Opolski such portion of the property 
located at the corner of Orchard and Franklin streets in said 
city and held by it for park purposes as may be determined 
by the park commissioners of said city. 

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

Approved March 80, 1943. 

An Act relative to non-partisan municipal elections Chaj).124i 

IN THE CITY OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section three of chap- 
ter two hundred and eighty-one of the acts of nineteen hun- 
dred and thirty-two, as most recently amended by section 
one of chapter two hundred and eleven of the acts of nine- 
teen hundred and thirtj^-seven, is hereby further amended 
by striking out, in the tenth line, the word "seventh" and 
inserting in place thereof the word: — eighth, — so as to 



150 Acts, 1943. — Chap. 125. 

read as follows : — Any person who is qualified to vote at 
any regular or special election for a candidate for any elec- 
tive 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 
preliminary election for nomination therefor; provided, 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 Tuesday preceding such regular or 
special municipal election there shall be submitted to the 
board of election commissioners, hereinafter called the board, 
a nomination paper prepared and issued by the board, 
wherein the candidate sets forth in writing his candidacy, 
and wherein the petition is signed by voters of the city quali- 
fied to vote for a candidate for said office to the number 
of at least two hundred and fifty for the office of mayor, one 
hundred and fifty for the office of alderman at large and 
one hundred for the office of ward alderman and of member 
of the school committee, whose signatures are certified as 
hereinafter provided. 

Section 2. Section four of said chapter two hundred and 
eighty-one, as amended by section two of said chapter two 
hundred and eleven, is hereby further amended by striking 
out, in the tenth line, the word "sixth" and inserting in 
place thereof the word: — seventh, — so as to read as fol- 
lows: — Section 4- After any such nomination paper has 
been submitted to the board, it 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 certifi- 
cation on or before five o'clock in the afternoon of the seventh 
Tuesday preceding such regular or special municipal elec- 
tion, and the board, or some member thereof, shall file in 
their office on or before five o'clock in the afternoon of the 
next day all papers not found to be invalid as aforesaid. 

Approved March 30, 1943. 



Chap. 125 An Act authorizing certain cities, towns and dis- 
tricts, THROUGH THEIR WATER DEPARTMENTS, AND CER- 
TAIN WATER COMPANIES, TO AID SIMILAR MUNICIPAL AND 
OTHER CORPORATIONS RELATIVE TO THEIR WATER SUPPLY. 

Be it enacted, etc., as follows: 

Edj, lo^^ew Chapter forty of the General Laws is hereby amended by 
section 39H, inserting after section thirty-nine G, inserted by section three 
of chapter one hundred and seventy-two of the acts of nine- 
Aid by one tccn hundred and thirty-eight, the following section : — Sec- 
menTto''^'"^* tiou 39H . A city, town or district through its water depart- 

another. 



Acts, 1943. — Chap. 126. 151 

ment, if any, if thereunto authorized by ordinance or by-law, 
or by by-law or by vote of its governing body if a district, 
or a water company, as defined in section one of chapter one 
hundred and sixty-five, may go to aid any other city, town 
or district or any other water company, as so defined, in 
repairing and maintaining the physical properties of its water 
supply system. Any such ordinance, by-law or vote may 
authorize the head of the water department to extend such 
aid, subject to such conditions and restrictions as may be 
prescribed therein. Members of water departments of cities, 
towns and districts while in the performance of their duties 
in extending such aid shall have the same immunities and 
privileges as if performing the same work in their respective 
cities, towns and districts. Any city, town, district or water 
company aided under this section shall compensate any city, 
town, district or water company rendering aid as aforesaid, 
for such aid and for the whole or any part of any damage to 
its property sustained in the course of rendering such aid. 

Approved March 30, 1943. 

An Act further extending the term during which (JfiQ^r) 126 

BANKING INSTITUTIONS AND INSURANCE COMPANIES MAY 
MAKE LOANS INSURED BY THE FEDERAL HOUSING ADMIN- 
ISTRATOR AND FURTHER AUTHORIZING CERTAIN LOANS SO 
INSURED. 

Whe7-eas, 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 con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. 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 sixty of the acts of nineteen hundred and forty- 
one, is hereby further amended by striking out, in the tenth 
line, the word "forty-three" and inserting in place thereof 
the word: — forty-five, — so as to read as follows: — Sub- 
ject 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 commissioner of insurance deems to 
be necessary or advisable in respect to insurance companies, 
any trust company, savings bank, co-operative bank, credit 
union or insurance company doing business in this common- 
wealth is authorized for a period ending July first, nineteen 
hundred and forty-five: 

Section 2. Subdivision (6) of said section one, as most 



152 Acts, 1943. — Chap. 127. 

recently amended by chapter two Ihundred and forty of the 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by inserting after the word "make" in the first 
hne, the words: — and acquire, — so as to read as follows: — 

(6) To make and acquire such loans secured by mortgages 
on real property in this commonwealth as the federal hous- 
ing administrator insures and to obtain such insurance. 

Section 3. Said section one, as amended, is hereby fur- 
ther amended by inserting after subdivision (b), as appear- 
ing in section one of said chapter two hundred and forty, the 
following subdivision : — 

(66) To collect and apply payments due upon and other- 
wise to service any mortgage loan originated by it and in- 
sured by the federal housing administrator and with respect 
to such mortgage loan to make agreements with any mort- 
gagees approved by the federal housing administrator to col- 
lect and apply pa3'ments due upon and otherwise to service 
any such mortgage loan. Approved March 31, 1943. 

Chap. 127 An Act temporarily amending the laws relative to 

THE STAMPING AS CORRECT OF CERTAIN GAS METERS. 

pr'^ambTe'"' Wkeveas, The War Production Board of the United States 

has adopted an order, entitled section 1001.3, Supplementary 
Order M-43-b, effective February fifteenth, nineteen hun- 
dred and forty-three, relative to the use of tin in gas meters, 
which provides in substance that tin-bearing solder or other 
tin-bearing material shall not be used in the adjustment, 
internal repair or resealing of any tin-cased gas meter having 
a rated capacity of less than three hundred cubic feet per 
hour, unless such meter is found not to be accurate within 
an accuracy range of plus or minus four per cent when tested 
by standard meter prover tests or has not been previously 
repaired internally for twelve years or more; and 

Whereas, Section one hundred and three of chapter one 
hundred and sixty-four of the General Laws prohibits the 
stamping as correct of gas meters not accurate within a range 
of plus or minus two per cent ; and 

Whereas, No suitable substitute for tin in the adjustment, 
internal repair or resealing of gas meters has been found, and 
it is necessary in connection with the war effort of the United 
States that tin be conserved in accordance with said order 
of the War Production Board, and in order to accomphsh 
this result it is necessary that said section one hundred and 
three be harmonized with said order in certain respects with- 
out delay; and 

Whereas, Because of the conflicting provisions of said 
order and said section, a large number of gas meters may be 
kept unnecessarily out of service. 

Now, therefore. This act, designed to harmonize said 
section with said order, is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety and convenience. 



I 



Acts, 1943. — Chap. 128. 153 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision to the con- 
trary in section one hundred and three of chapter one hun- 
dred and sixty-four of the General Laws, during the effec- 
tive period of this act a meter having a rated capacity of less 
than three hundred cubic feet per hour in the adjustment, 
internal repair or resealing of which tin-bearing solder or 
other tin-bearing material must be used, may be stamped 
correct as provided in said section one hundred and three if 
it varies not more than four per cent from the standard 
measure, except in the case of a meter that has not been 
internally repaired for a period of twelve years or more. 

Section 2. This act shall remain in effect only while 
there is in force an order of the War Production Board of the 
Ujiited States or anj^ successor of said board, containing the 
provisions of paragraph (b) of the order of said board issued 
January twenty-sixth, nineteen hundred and forty-three, en- 
titled section 1001.3, Supplementary Order M-43-b, or any 
like provisions. Approve^ March 31, 1943. 

An Act atithorizing registers of deeds to destroy cer- Chap. 128 

TAIN original PAPERS FILED IN THEIR OFFICES. 

Be it enacted, etc., as follows: 

Section eight of chapter sixty-six of the General Laws, as g. l. (Tw. 
appearing in the Tercentenary Edition, is hereby amended amended.^ ^' 
by adding at the end the following sentence : — Notwith- 
standing the foregoing, the register of deeds in any county 
may, without such written approval, destroy any papers 
pertaining to attachments or to the dissolution or discharge 
thereof in the files of his office following the expiration of 
twenty years after the latest original entry therein or thereon, 
unless otherwise specifically provided by law, — so as to 
read as follows : — Section 8. Every original paper belong- Preservation 
ing to the files of the commonwealth, or of any county, city books.'papers 
or town, bearing date earlier than the year eighteen hundred, '^"'^ records. 
every book of registry or record, every town warrant, every 
deed to the commonwealth or to any county, city or town, 
every report of an agent, officer or committee relative to 
bridges, public ways, sewers or other state, county or munic- 
ipal interests or matters not required to be recorded in a 
book, and not so recorded, shall be preserved and safely 
kept, and every other paper belonging to such files shall be 
kept for seven years after the latest original entry therein 
or thereon, unless otherwise provided by law; and no such 
paper shall be destroyed without the written approval of the 
supervisor of records. Notwithstanding the foregoing, the 
register of deeds in any county may, without such written 
approval, destroy any papers pertaining to attachments or 
to the dissolution or discharge thereof in the files of his office 
following the expiration of twenty years after the latest 
original entry therein or thereon, unless otherwise specifically 
provided by law. Approved March 31, 1943. 



154 



Acts, 1943. — Chaps. 129, 130. 



Chap. 129 An Act relative to polling hours at regular, trelim- 

INARY AND SPECIAL CITY ELECTIONS IN THE CITY OF 
PEABODY. 

Be it enacted, etc., as follows: 

The hours during which the polls at every regular, pre- 
liminary and special city election in the city of Peabody 
shall be open shall be fixed by the city council of said city 
in accordance with the provisions of general law relating to 
polling hours at city elections, notwithstanding any pro- 
vision of chapter three hundred of the Special Acts of nine- 
teen hundred and sixteen or any act in amendment thereof 
or in addition thereto. Approved March 31, 1943. 



Chap. 



130 An Act further regulating the incorporation of 
proprietors of wharves, real estate lying in com- 
mon, and general fields, and the organization of 
cemetery and certain other corporations. 



G. L. (Ter. 
Ed.), 179, § 3, 
amended. 



Organization 
by proprietors 
of wharves, 
etc. 



Scope of aft. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-nine 
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 S. 
At such meeting, by vote of a majority in number and 
interest of all of the proprietors, they may organize them- 
selves as a corporation under this chapter; and they 
may thereupon choose a clerk, treasurer, collector and such 
committees and other officers as they deem necessary for 
the management of their affairs, and may agree upon and 
direct the manner of calling future meetings. Each officer 
chosen shall hold his office until his successor is qualified. 
The clerk, treasurer and collector shall forthwith make, 
sign and swear to a certificate setting forth the name of 
the corporation, its purpose, the town and county where 
it is located, the date of the meeting for organization and 
any adjournments thereof, and any other facts of impor- 
tance contained in the proceedings of organization. The 
certificate and the record of the meeting, including any 
by-laws, shall be submitted to the commissioner of corpora- 
tions and taxation, who shall examine them and who may 
require such amendments thereof or such additional informa- 
tion as he deems necessary. If he finds that the provisions 
of law relative to the organization of the corporation have 
been complied with, he shall endorse his approval on the 
certificate. The certificate shall, upon payment of a fee 
of five dollars, be filed in the office of the state secretary; 
otherwise, the organization shall be void. 

Section 2. This act shall not affect the validity of any 
corporation heretofore organized and subject to said section 
three of chapter one hundred and seventy-nine of the Gen- 
eral Laws as in force prior to the effective date of this act. 

Approved March 31, 1943. 



I 



Acts, 1943. — Chaps. 131, 132, 133. 155 



An Act providing that persons held in jail for trial QJiqj) i^i 

MAY BE REMOVED IN CERTAIN CASES TO A JAIL IN ANOTHER 
COUNTY. 

Be it enacted, etc., as follows: 

Chapter two hundred and seventy-six of the General Ej^'^yg""- 
Laws is hereby amended by inserting after section fifty- new '§ 52A, 
two, as appearing in the Tercentenary Edition, the follow- ^ '^'^ 
ing section: — Section 52 A. Persons held in jail for trial ^g'rToMironi 
may, with the approval of the district attorney, be removed one jaii to 
by the commissioner of correction to a jail in another county, ^"°*^<^''- 
and said commissioner shall, at the request of the district 
attorney, cause them to be returned to the jail whence they 
were removed. The proceedings for such removal shall 
be the same as for the removal of prisoners from one jail 
or house of correction to another. The cost of support of 
a person so removed and of both removals shall be paid 
by the county whence he is originally removed. 

Approved March SI, 1943. 



An Act including tashmoo pond in the town of tiscury Chap. 132 

WITHIN THE MEANING OF THE TERM " COASTAL W^ATERS" 
AS USED IN THE LAWS RELATING TO MARINE FISH AND 
FISHERIES. 

Be it enacted, etc., as follows: 

Section 1. The body of water located in the town of 
Tisbury and known as Tashmoo pond is hereby declared 
to be coastal waters within the meaning of the term "coastal 
waters", as defined by section one of chapter one hundred 
and thirty of the General Laws, as appearing in section 
one of chapter five hundred and ninety-eight of the acts of 
nineteen hundred and forty-one. 

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

Approved March 31, 1943. 



An Act authorizing the town of bernardston to pay Chav. 13S 

A SUM OF MONEY TO ARTHUR R. MAGOON. 

Be it enacted, etc., as follows: 

Section 1, For the purpose of discharging its moral ob- 
hgation and promoting the public good, the town of Ber- 
nardston may pay to Arthur R. Magoon of said town the 
sum of three hundred dollars to reimburse him for expenses 
of doctors, nurses and other expenses incurred on account 
of the burning of his daughter, Rebecca Jane Magoon, while 
in the chemical laboratory of the public schools of said town, 
and her death resulting therefrom. 

Section 2. Said sum may be paid from the appropria- 
tion made for said purpose by said town at its annual meet- 



156 Acts, 1943. — Chaps. 134, 135. 

ing in the year nineteen hundred and forty-two, and the 
action of said town in making said appropriation is hereby 
ratified and confirmed and shall have the same force and 
effect as if section one of this act had been in effect prior to 
the taking of said action. 

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

Approved April 1, 1943. 



Chap.lS4: An Act authorizing the town of Norfolk or any water 

SUPPLY DISTRICT THEREIN TO PURCHASE WATER FROM THE 
COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Subject to the approval of the governor and 
council, the town of Norfolk, or any water supply district 
duly established therein, may obtain from the common- 
wealth, through an arrangement with the department of 
correction, water from the works of the state prison colony, 
and may obtain from the commonwealth, through an ar- 
rangement with the department of pubhc health, water 
from the works of the Pondville hospital. In carrying out 
any such plan of supplying water to said town or district 
which is approved by the governor and council, the commis- 
sioner of correction or the commissioner of public health, or 
each of said commissioners, as the case may be, may, in his 
discretion, arrange for the delivery of, and deliver, water 
from the works under his control into the pipes of said town 
or district, from such places and on such conditions and 
terms as such commissioner and the water commissioners of 
said town or district may mutually agree upon. If either 
of such commissioners and said water commissioners are un- 
able so to agree, the water from the works under the control 
of such commissioner shall be pumped and delivered from 
such places and upon such conditions and terms as shall be 
approved and authorized by the governor and council. 

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

Approved April 1, 1943. 



Chap. 1S5 An Act authorizing an increase of the salary of the 

MAYOR OF THE CITY OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter six hundred and 
eleven of the acts of nineteen hundred and eight is hereby 
amended by striking out, in the seventh and eighth fines, 
the words "eighteen hundred" and inserting in place thereof 
the words: — three thousand, — so as to read as follows: — 
Section 19. For the municipal year nineteen hundred and 
nine and until otherwise ordered by the municipal council, 
the annual salary of the mayor shall be twelve hundred 
dollars and the salary of each alderman shall be one thousand 



Acts, 1943. — Chap. 136. 157 

dollars. These salaries may be changed by any municipal 
council, to take effect in the next municipal year thereafter, 
but the amounts shall not exceed three thousand dollars for 
the salary of the mayor nor fifteen hundred dollars for the 
salary of each alderman. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Gloucester at its regu- 
lar city election in the current j^ear in the form of the fol- 
lowing question which shall be placed upon the official ballot 
to be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and forty-three, 
entitled 'An Act authorizing an increase of the salary of the 
mayor of the city of Gloucester', be accepted?" If a ma- 
jority of the votes in answer to said question is in the affirm- 
ative, then this act shall thereupon take full effect, but not 
otherwise. Approved April 1, 1943. 



An Act providing for the classification by the county Chap. 136 

PERSONNEL BOARD OF THE OFFICES OF CLERKS AND AS- 
SISTANT CLERKS OF THE CENTRAL DISTRICT COURT OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Section forty-nine of chapter thirty-five o^ p^^^iJ^'j q 
the General Laws, as most recently amended by section etcVamended. 
one of chapter four hundred and forty-seven of the acts of 
nineteen hundred and forty-one, is hereby further amended 
by inserting after the word "Suffolk" in the ninth line the 
words : — and of the central district court of Worcester, — 
so as to read as follows : — Section Jf.9. Every office and posi- classification 
tion whereof the salary is wholly payable from the treas- county'''" 
ury of one or more counties, or from funds administered officers. 
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 the county of Suffolk and of the central district court of 
Worcester, trial justices, other offices and positions filled 
by appointment of the governor with the advice and con- 
sent of the council, court officers appointed in Suffolk county 
under section seventy of chapter two hundred and twenty- 
one, and probation officers, but including the officer described 
in the first sentence of section seventy-six of said chapter 
two hundred and twenty-one, shall be classified by the 
board in the manner provided by sections forty-eight to 
fifty-six, inclusive, and every such office and position, now 
existing or hereafter established, shall be allocated by the , 

board to its proper place in such classification. Offices and 
positions in the service of any department, board, school 
or hospital principally supported by the funds of the county 
or counties, or in the service of a hospital district established 



158 Acts, 1943. — Chap. 137. 

under sections seventy-eight to ninety-one, inclusive, of 
chapter 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-six, inclusive, 
and nothing done under authority thereof, shall prevent 
any person from continuing to receive from a county such 
compensation as is fixed under authority of other provisions 
of law or as is expressly established by law. 

El.)', 218"' Section 2. Section seventy-nine of chapter two hun- 

Impnded' ^^^^ ^^^ eighteen of the General Laws, as most recently 
amended by section two of said chapter four hundred and 
forty-seven, is hereby further amended by inserting after 
the word "county" in the second hne the words: — and 
the central district court of Worcester, — so as to read as 

SS'"'' follows: — ASec^zon 79. In courts other than the courts in 
Suffolk county and the central district court of Worces- 
ter 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 district shall be forty-five 
per cent of the salary of the clerk of said court. 

s^ubjlct. Section 3. The salaries of the several clerks and assist- 

ant clerks of the central district court of Worcester in office 
upon the effective date of the classification of their offices 
under authority of this act shall not be diminished by reason 
of such classification, and such salaries shall not be altered 
until the effective date of such classification. 

Approved April 1, 1943. 

Chap. 137 An Act relative to the membership of the corporation 

CALLED TRUSTEES OF CLARK UNIVERSITY. 

Whereas, The deferred operation of this act would prevent 
the election of alumni members of the corporation for the 
academic year nineteen hundred and forty-three to nineteen 
hundred and forty-four, as provided therein, 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 one hundred and thirty-three of 
the acts of eighteen hundred and eighty-seven is hereby 
amended by striking out section four and inserting in place 
thereof the following section: — Section 4- (a) The num- 
ber of members of the corporation shall be thirteen, nine 



Acts, 1943. — Chap. 137. 159 

of whom shall be life members, and four, to be known as 
alumni members, shall be elected by and from the members 
of the Clark University Alumni Association in the manner 
herein provided. Four alumni members shall be elected in 
the year nineteen hundred and forty-three, one to serve for 
one year, one for two years, one for three years and one 
for four years, from July first following their election. As 
the terms of the alumni members elected hereunder expire, 
their successors shall be elected by and from the members 
of said alumni association for the term of four years from 
July first following their election. One of said members 
shall always be a person who has held a degree from a gradu- 
ate department of Clark University for ten years and the 
other three shall be persons who have held a degree from 
any department of said university for ten years. No alumni 
trustee shall be eligible for re-election within one year after 
the expiration of his term of office. 

(h) In the year nineteen hundred and fortj^-three and 
each year thereafter, prior to April fifteenth, three candi- 
dates for each office of alumni member to be filled shall be 
nominated by the alumni council of Clark University, with 
the approval in each case of a majority of the members of 
the corporation. A printed ballot shall be prepared for the 
purpose by the secretary of said alumni association which 
shall contain, in alphabetical order, the names of persons 
nominated as aforesaid, and shall state as to each the year 
of his class at Clark University, the degrees received there- 
from, and his residence and occupation. The ballots shall 
be mailed to all members of said association entitled to 
vote, not later than May first of such year, and each such 
member of the alumni association may vote for one of the 
three candidates for each office to be filled. All persons 
who have held for three years a degree from Clark Univer- 
sity conferred in regular course, and all persons who have 
received from said university an honorary degree and no 
others, shall be entitled to vote. The ballot, when marked, 
shall be signed by the voter and shall be returned to the 
executive committee of said alumni association, on or be- 
fore May fifteerith of such year. The candidate for alumni 
member receiving the highest number of votes for the 
office to which he is nominated shall be declared elected 
thereto. 

(c) In the event that a vacancy occurs in the number 
of life members it shall be filled by vote of a majority of the 
remaining life members at a meeting duly called for the 
purpose; and in the event of a vacancy in the number of 
alumni members it shall be filled at the next annual election 
for the unexpired term of his predecessor in the manner 
hereinbefore set forth. 

(d) When any member of the corporation, whether a 
life member or an alumni member, shall, in the judgment 
of the remaining members of the corporation, become in- 
capable of discharging the duties of his office by reason of 



160 Acts, 1943. — Chaps. 138, 139. 

infirmity or otherwise, or shall neglect or refuse to perform 
such duties, he may be removed by the remaining members 
of the corporation. 

Section 2. The members of the corporation called 
Trustees of Clark University in office on the effective date 
of this act shall retain their respective offices subject, how- 
ever, to the provisions of this act. 

Approved April 1, 1943. 



C/iap. 138 An Act relative to polling hours at preliminary 

ELECTIONS in THE CITY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section five of chapter five hundred and seventy-four of 
the acts of nineteen hundred and eight is hereby amended 
by striking out, in the twelfth, thirteenth and fourteenth 
lines, the words "At every preliminary election for nomina- 
tions the polls shall be opened at six o'clock in the forenoon 
and kept open until four o'clock in the afternoon and, except" 
and inserting in place thereof the word: — Except. 

Approved April 1, 1943. 



Chap.lS9 An Act providing for the holding of biennial municipal 

ELECTIONS IN THE CITY OF HAVERHILL IN ODD NUMBERED 
YEARS BEGINNING IN NINETEEN HUNDRED AND FORTY- 
SEVEN. . , 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred and 
forty-seven, municipal elections in the city of Haverhill for 
the choice of mayor, aldermen and members of the school 
committee shall be held biennially on the Tuesday next fol- 
lowing the first Monday of December in each odd numbered 
year. 

Section 2. At the biennial municipal election to be held 
in said city in the year nineteen hundred and forty-seven, and 
at every biennial municipal election thereafter, a mayor, four 
aldermen and four members of the school committee shall be 
elected to serve for terms of two years each from the first 
Monday in January following their election and until the 
qualification of their respective successors. The mayor, the 
aldermen and the members of the school committee elected 
at the annual city election in the year nineteen hundred and 
forty-four shall serve for terms of three years each and until 
the qualifications of their respective successors, who shall be 
elected at the biennial municipal election in the year nineteen 
hundred and forty-seven. There shall be no city election in 
said city in the year nineteen hundred and forty-six. 

Section 3. Such provisions of chapter sixty-one of the 
acts of eighteen hundred and sixty-nine and of chapte?: five 
hundred and seventy-four of the acts of nineteen hundred and 



Acts, 1943. — Chaps. 140, 141. 161 

eight, and acts in amendment thereof and in addition thereto, 
as are inconsistent with any provisions of this act are hereby 
repealed. 

Section 4. This act shall be submitted to the voters of the 
city of Haverhill at the annual city election in the current year 
in the form of the following question which shall be placed 
upon the official ballot to be used in said city at said elec- 
tion:— "Shall an act passed by the General Court in the 
year nineteen hundred and forty-three, entitled 'An Act pro- 
viding for the holding of biennial municipal elections in the 
city of Haverhill in odd numbered years beginning in nine- 
teen hundred and forty-seven', be accepted?" If a majority 
of the voters voting thereon vote in the affirmative in an- 
swer to said question, then this act shall thereupon take full 
effect in said city; otherwise it shall be of no effect. 

Ay-proved April 1, 1943. 



An Act extending further the duration of a law pro- phfj^ 140 

VIDING FOR THE TRIAL OR DISPOSITION OF CERTAIN CRIM- ^''^^f'^^^ 
INAL CASES BY DISTRICT COURT JUDGES SITTING IN THE 
SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Chapter four hundred and sixty-nine of the acts of nineteen 
hundred and twenty-three, as most recently amended by 
chapter five hundred and seventy-six of the acts of nineteen 
hundred and forty-one, is hereby further amended by strik- 
ing out section five and inserting in place thereof the follow- 
mg section: — Section 5. This act shall not be operative 
after December thirty-first, nineteen hundred and forty-five. 

Approved April 1, 1943. 



An Act providing a penalty for the improper opera- Chnrt 14.1 

TION of trackless TROLLEY VEHICLES, SO CALLED. ^'^^/^--L^l 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-three of the General Laws, g. l (Ter 
as amended, is hereby further amended by adding at the nct^'j\f • 
end the following section: — Section 13. Whoever upon added. ' ' 
any way or in any place to which the public has a right of improper 
access operates a trackless trolley vehicle while under the ^p"""^*'""- 
influence of intoxicating liquor, or operates such a vehicle ^^"^^*^- 
recklessly, or operates such a vehicle negligently so that the 
lives or safety of the public are endangered, shall be pun- 
ished by a fine of not less than twenty dollars nor more than 
two hundred dollars or by imprisonment for not less than 
two weeks nor more than two years, or both. 

Approved April 1, 1943. 



162 



Acts, 1943. — Chaps. 142, 143. 



Chap. 142 An Act relative to certain shares of co-operative 

BANKS OWNED BY PERSONS ENGAGED IN THE MILITARY OR 
NAVAL SERVICE OF THE UNITED STATES, OR BY THEIR 
DEPENDENTS. 



G..L. (Ter. 
Ed.), 170, 
§ 17A, etc., 
amended. 



Temporary 
suspension of 
payments by 
soldiers and 
sailors 
authorized. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws is 
hereby amended by strikmg out section seventeen A, in- 
serted by chapter one hundred and sixteen of the acts of 
nineteen hundred and forty-one, and inserting in place 
thereof the following section: — Section 17 A. For the ac- 
commodation of any owner of serial shares not pledged for 
a real estate loan who is actually engaged in the military or 
naval service of the 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 trans- 
ferred to a military share account as a credit of such share- 
holder the full value of such shares, less all monthly install- 
ments 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 cancelled. So long as such credit remains 
in such military share account, no further monthly pay- 
ments of any amount on account of such shares shall be 
required, nor shall any fines be imposed, but payments and 
withdrawals may be made on any such account at the option 
of the shareholder. At each regular distribution date there 
shall be credited to every such account a dividend at the 
rate declared upon serial shares, computed without regard 
to fractions of a dollar; provided, that amounts withdrawn 
between distribution dates shall not participate in the next 
distribution, but amounts deposited shall participate in prof- 
its from and after the bank day next following the deposit. 
Deferment of pajinents as aforesaid shall extend for the 
duration of such military or naval service and six months 
thereafter and at the termination of such period of defer- 
ment 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 April 2, 1943. 



Chap. 143 An Act relative to the examination of the Massa- 
chusetts HOSPITAL LIFE INSURANCE COMPANY BY THE 
COMMISSIONER OF BANKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter eighty-two of the acts of eighteen 
hundred and eighty-one is hereby amended by striking out 
section three and inserting in place thereof the following 



Acts, 1943. — Chap. 144. 163 

section : — Section 3. The commissioner of banks shall in- 
spect, examine and inquire into the business of said corpo- 
ration, shall have access to the vaults, books and papers 
thereof, and shall have such supervision of its affairs as he 
would have if it were the trust department of a trust com- 
pany; and said corporation shall make such returns and 
annual reports to said commissioner as he may require. 

Section 2. This act shall take full effect upon its accept- 
ance by the Massachusetts Hospital Life Insurance Com- 
pany. Approved April 2, 194S. 

An Act further regulating suppression of the euro- Chap. 14:^ 

PEAN corn borer. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-eight of the General E^^-^Jg^''- 
Laws is hereby amended by striking out section thirty- § s'ia, 
one A, as appearing in the Tercentenary Edition, and in- ''™''"'^^'^; 
serting in place thereof the following section: — Section 31 A. o"Eu7ope°an 
In any town or part thereof in which an order issued under "om borer, 
section thirty-one in connection with the suppression of the 
European corn borer shall be in effect, every person in pos- 
session of land on which corn of any kind has been grown 
shall, except as hereinafter provided, not later than Decem- 
ber first of the year of its growth, plow or cause to be plowed 
the field in which it was grown, so as to bury the stubble 
to a depth of at least six inches, or pull up said stubble or 
cause it to be pulled up and destroy it, or cause it to be 
destroyed, by burning, and every person having in his pos- 
session corn stalks shall, not later than April tenth of the 
year following that of their growth, completely dispose of 
such corn stalks by using them as fodder or by burning 
them. Whenever it shall be determined by the director that 
such plowing or burning would be detrimental to soil con- 
servation or to the production of food or feed crops, he may 
issue an order or permit which shall authorize postpone- 
ment of such plowing or burning, or shall authorize replant- 
ing without plowing, under such conditions not inconsistent 
with the purpose of this section as he may specify. Such 
an order or permit may be issued to apply to an individual 
field, to a farm, or to a geographical or political unit. Who- Penalty. 
ever violates any provision of this section or any order or 
permit issued hereunder shall be punished by a fine of not 
less than twenty-five nor more than five hundred dollars. 

Approved April 2, 1943. 



164 



Acts, 1943. — Chaps. 145, 146. 



G. L. (Ter. 
Ed.), 212, 
§ 22, etc., 
amended. 



Return day 
in criminal 
cases. 



Chap.l4:5 An Act providing for a weekly return day in the 

SUPERIOR COURT FOR THE ENTRY OP APPEALS IN CRIMINAL 
CASES AND FOR SUITS ON RECOGNIZANCES AND BONDS 
GIVEN IN SUCH CASES. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-two of chapter two hundred 
and twelve of the General Laws, as amended by chapter 
two hundred and eighty-seven of the acts of nineteen hun- 
dred and thirty-four, is hereby further amended by strik- 
ing out, in the first and second lines, the words "The first 
Monday of every month" and inserting in place thereof the 
words : — Every Monday, — and by striking out, in the 
fourteenth line, the words "said first" and inserting in place 
thereof the word : — any, — so as to read as follows : — Sec- 
tion 22. Every Monday shall be a return day for the entry 
of appeals in criminal cases from district courts and trial 
justices and of suits upon recognizances and bonds in such 
cases. Such appeals shall be entered on the return day next 
after the appeal is taken. Such suits may be made return- 
able at the election of the district attorney at any such 
return day within three months after the date of the writ. 
Trials by jury of such suits shall take place at criminal sit- 
tings; and, for the purpose of docketing and recording such 
suits, they shall be deemed to be criminal cases, provided 
that the provisions of chapter two hundred and twenty- 
seven shall be applicable thereto as in other civil cases ex- 
cept that no bond shall be required as provided in section 
nine thereof. If any Monday is a legal holiday, such entry 
shall be made on the day following. 

Section 2. , This act shall take effect on September first 
in the current year. Approved April 2, 1943. 



Effective 
date. 



C/ia». 146 An Act to unite the beacon universalist parish and 

THE church affiliated THEREWITH WITH FIRST UNIVER- 
SALIST society in waltham and for other purposes. 

Be it enacted, etc., as follows: 

Section 1. The voluntary religious association, com- 
monly known as Beacon Universalist Church, of Brookline, 
affiliated with Beacon Universalist Parish, incorporated as 
Fifth Universalist Society in the city of Boston by an act 
approved March sixteenth, eighteen hundred and thirty- 
eight, the corporate name having been' changed to Shawmut 
Universalist Society by an act approved February twenty- 
seventh, eighteen hundred and sixty-three, the corporate 
name having been again changed to Beacon Universalist 
Parish by an act approved March seventh, nineteen hun- 
dred and five, also situated in said Brookline, upon the 
acceptance of this act by a two thirds vote of its members 
present and voting at a meeting called for the purpose and 



Acts, 1943. — Chap. 146. 165 

by the recording in the registry of deeds for the county of 
Norfolk of a certificate of said vote, duly made and sworn 
to by the clerk of said meeting, shall be a corporation by 
the name of Beacon UniversaUst Church, with all the rights, 
powers, franchises and privileges which the said voluntary- 
religious association has heretofore acquired, or enjoyed by 
statute, vote, gift, grant, usage, prescription or otherwise, 
and subject to all the duties and liabilities to which the said 
voluntary religious association has heretofore been subject, ' 

and also, except as may be provided otherwise in this act, 
with all the rights, powers and privileges, and subject to all 
the duties and liabilities, of religious corporations instituted 
under the general laws of the commonwealth; and upon the 
acceptance of this act as aforesaid, all members of the said 
voluntary religious association shall be members of the said 
new corporation, Beacon Universalist Church. 

Section 2, All property, both real and personal, and all 
property rights, now held or owned by the said voluntary 
religious association, or by its deacons or other officers in 
trust for the said voluntary religious association or for other 
charitable purposes administered in connection with it or 
otherwise, shall be vested, upon the acceptance of this act as 
aforesaid, in the corporation created by section one of this 
act, and thereafter shall be held in fee simple by the said 
corporation upon the same uses and trusts upon which the 
same are now held and upon no other, and the said deacons, 
and any other officers of the said voluntary religious associa- 
tion who hold real or personal estate in trust as aforesaid 
under the general laws of this commonwealth, are hereby 
authorized, at any time after the acceptance of this act as 
aforesaid, subject to the same uses and trusts as when held 
by them, to convey such property, real and personal, to the 
corporation created by section one of this act. 

Section 3. The corporation created by section one of this 
act is hereby authorized to take and hold for religious, benevo- 
lent and charitable purposes gifts, grants, bequests, devises 
of real and personal property to the amount permitted by 
section nine of chapter one hundred and eighty of the Gen- 
eral Laws, with full power to sell and convey, free of trust, 
any part or the whole of its said property, real or personal, 
for purposes of investment and reinvestment, and for the 
improvement, alteration or relocation of any of its build- 
ings, and upon any such sale the proceeds thereof shall be 
held upon the same uses and trusts upon which the property 
thus sold was held, and the purchaser shall not be respon- 
sible for the application of the purchase money. At any time 
after the acceptance of this act as aforesaid, the said cor- 
poration may convey any or all of its property, both real and 
personal, subject, nevertheless, as to any property held by 
it in trust, to the same trusts and uses as when held by it, 
in trust, either for its own benefit or for the general purposes 
of the grantee next hereinafter named, to the First Universa- 
list Society in Waltham, incorporated by an act approved 



166 Acts, 1943. — Chap. 146. 

March twenty-second, eighteen hundred and thirty-nine, 
and to its successors, if, and in such manner as, the said cor- 
poration, the Beacon IJniversahst Church, by a two thirds 
vote of its members present and voting, at a meeting called 
for the purpose, shall vote to make such a conveyance; and 
upon the acceptance of the said conveyance by the First 
Universalist Society in Waltham by a two thirds vote of its 
members present and voting at a meeting duly called for the 
purpose, and upon the recording in the registries of deeds 
for the counties of Norfolk and Middlesex of the said deeds 
and other instruments of transfer, together with certificates, 
duly made and sworn to by the clerks of the said meetings, 
respectively, of the said votes authorizing said conveyance 
and the acceptance thereof, the members of the corporation 
created by section one of this act shall become members of 
First Universalist Society in Waltham, with all the rights of 
any members thereof, and the corporate existence of the said 
corporation created by section one of this act shall cease and 
determine. 

Section 4. At any time after the acceptance of this act 
by said Beacon Universalist Parish in the same manner as is 
prescribed for its acceptance by Beacon Universalist Church 
in section one, the said Beacon Universalist Parish may, by 
a two thirds vote of its members present and voting at a meet- 
ing called for the purpose, authorize one or more persons 
in its name and on its behalf to execute, acknowledge and 
deliver proper deeds and other instruments, conveying in 
fee simple all of its property, both real and personal, to First 
Universalist Society in Waltham, and upon the acceptance 
of the said conveyance by the First Universalist Society in 
Waltham by a two thirds vote of its members present and 
voting at a meeting duly called for the purpose, and upon the 
recording in the registries of deeds for the counties of Nor- 
folk and Middlesex of the said deeds and other instruments 
of transfer, together with certificates, duly made and sworn 
to by the clerks of the said meetings, respectively, of the said 
votes authorizing the said conveyance and the acceptance 
thereof, the members of the said corporation. Beacon Uni- 
versalist Parish, shall become members of First Universalist 
Society in Waltham, with all the rights of any members 
thereof, and the corporate existence of the said corporation, 
the Beacon Universalist Parish, shall cease and determine. 

Section 5. When and if each one of the said two corpora- 
tions. Beacon Universalist Church and Beacon Universalist 
Parish, shall, as above provided, convey all its real and per- 
sonal property to First Universalist Society in Waltham, and 
shall cause to be recorded in the registries of deeds for the 
counties of Norfolk and Middlesex the deeds making such 
conveyance, and the certificates duly made and sworn to, 
as aforesaid, of the votes authorizing said conveyance and 
the acceptance thereof as herein provided, thereupon all 
property, both real and personal, held by or for the said 
corporation so conveying, in trust or otherwise, shall be held 



Acts, 1943. — Chap. 146. 167 

by First Universalist Society in Waltham, upon the same 
uses and trusts upon which said property was held previous 
to such conveying and recording, and all property, rights, 
powers, franchises and privileges which the said corporation 
so conveying may then possess or enjoy by statute, vote, 
gift, grant, usage, prescription or otherwise, shall thereupon 
be vested in First Universalist Society in Waltham; and all 
debts and other obligations of the said corporation so con- 
veying, so far as the same shall be valid, including any ob- 
ligation arising from any defect in the performance of the act 
of transfer, authorized as aforesaid, shall be assumed, paid 
and discharged by First Universahst Society in Waltham. 

Section 6. In case of doubt as to the manner in which 
any property, held in trust or otherwise, conveyed to or 
vested in First Universalist Society in Waltham, under the 
provisions of this act, or the income thereof, should be held, 
administered or applied by the said corporation, the matter 
may be determined by the supreme judicial court upon the 
application of any person interested or of the attorney gen- 
eral; and until said court shall otherwise order, such prop- 
erty and the income thereof shall be held, administered and 
applied by the said corporation in accordance with the terms 
of the original trusts or as nearly in accordance therewith 
as is possible. 

Section 7. The property conveyed to, or vested in. First 
Universalist Society in Waltham, under the provisions of 
this act, excepting only such property as prior to such con- 
veyance or vesting may have been held for specific and 
limited charitable uses and trusts, shall not, after such con- 
veyance and vesting, be applied or apportioned with refer- 
ence to the source or the religious body aforesaid from which 
it was derived under the provisions of this act, but shall be 
administered and applied by First Universahst Society in 
Waltham, for its general church and charitable purposes and 
as a single consolidated property and fund. 

Section 8. Any person aggrieved by any provision of this 
act may, at any time within six months after the recording of 
such of the various deeds or other instruments in this act 
provided for, as is alleged to be the cause of such injury, 
apply by petition to the supreme judicial court, to have his 
damages determined by a jury therein, or by or under the 
direction of said court; and damages so awarded, with the 
costs of suit allowed by statute in civil cases, attending 
such award, shall, be paid by First Universalist Society in 
Waltham. 

Section 9, The records, books of account and other papers 
of Beacon Universalist Church at the time of its merger in 
the corporation First Universalist Society in Waltham, and 
of Beacon Universalist Parish when it is so merged, shall 
thereupon become, and thereafter be, the property of said 
corporation First Universalist Society in Waltham. 

Section 10. The first meeting of the corporation created 
by section one of this act shall be held within thirty days 



168 



Acts, 1943. — Chap. 147. 



after the acceptance of this act as provided in section one 
hereof, and shall be warned by a notice in writing signed by 
one or more members of the said corporation, stating the 
object, time and place of the meeting, posted on the outer 
door of the meetinghouse of the said I3eacon Universalist 
Parish, at least fourteen days before the meeting. At such 
meeting the said corporation created by section one of this 
act shall elect a moderator, a treasurer and a clerk, who shall 
be sworn, and such other officers, and shall adopt such other 
provisions, not inconsistent with this act or with the general 
laws of this commonwealth regarding religious corporations, 
as the said corporation may determine. 

Section 11. All gifts, grants, bequests and devises made 
or accruing to, or for the benefit of, the said Beacon Univer- 
salist Parish, or of the church, or anj'- of its officers, affiliated 
with it, after the merger in First Universalist Society in 
Waltham of the body, or its officers aforesaid, receiving such 
gift, grant, devise or bequest, shall vest in First Universalist 
Society in Waltham. 

Section 11 A. Whatever authority is granted by this act 
is hereby declared to be limited to such authority as the 
general court may constitutionally grant, without prejudice 
to any proceeding that may be instituted in any court of 
competent jurisdiction to effect the purposes of this act. 

Section 12. This act shall take effect upon its passage. 

Approved April 5, 1943. 



Chap. 147 An Act in aid of the construction and enforcement of 

the state milk control law, so CALLED. 



G. L. (Ter. 
Ed.), 94A, 
new § 22 A, 
added. 



Liability for 
acts of 
officers, etc. 



Be it enacted, etc., as follows: 

Chapter ninety-four A of the Gcnieral Laws, as appearing 
in section two of chapter six hundred and ninety-one of the 
acts of nineteen hundred and forty-one, is hereby amended 
by inserting after section twenty-two, under the heading 
"Construction", the following section: — Section 22 A. 
When construing and enforcing the provisions of this chapter, 
the act, omission or failure of any officer, agent or other 
person acting for or employed by any individual, corporation, 
company, society or association within the scope of his em- 
ployment or office, shall in each case be also deemed to be 
the act, omission or failure of such individual, corporation, 
company, society or association, as Well as that of the officer, 
agent or other person acting for or employed by him or it. 

Approved April 5, 1943. 



Acts, 1943. ~ Chap. 148. 169 



An Act to remove the limitation on the amount which ^t 
A housing authority may agree to pay to a city or ^"'^/'•14o 
town in lieu of taxes. 

Be it enacted, etc., as follows: 

Section twenty-six W of chapter one hundred and twenty- g l (Ter 
one of the General Laws, as inserted by section one of chap- f 26w^\' 
ter four hundred and eighty-four of the acts of nmeteen hun- amended."' 
dred and thirty-eight, is hereby amended by striking out, 
in the eleventh and twelfth lines, the words ", or agree with 
such housing authority upon the amount of," and by in- 
serting after the word "project" in the twenty-first line 
the following sentence: — Such a city or town may however 
agree with such a housing authority upon the payments to be 
made to the city or town as herein provided or such housing 
authority may make and such city or town may accept such 
payments, the amount of which shall not in either case be 
subject to the foregoing limitation, — so as to read as follows: 
— Section £6W. The real estate and tangible personal prop- property 
erty of a housing authority held in connection with a project acquired by 
financed in whole or in part by the federal government under auttlfrfty to 
the United States Housing Act of 1937 shall be deemed to ^tJ'tt'' 
be public property used for essential public and governmental '^'°^''' ^" 
purposes and shall be exempt from taxation and from better- 
ments and special assessments, provided, that in lieu of such 
taxes, betterments and special assessments, a city or town in 
which a housing authority holds real estate used or to be 
used in connection with such a project may determine a sum 
to be paid to the city or town annually in any year or period 
of years such sum to be in any year not in excess of the 
amount that would be levied at the current tax rate upon the 
average of the assessed value of such real estate, including 
buildings and other structures, for the three years preced- 
ing the acquisition thereof, the valuation of each year being . 
reduced by all abatements thereon, as compensation for im- 
provements, services and facilities, other than gas, water and 
electricity, furnished by such city or town for the benefit of 
such project. Such a city or town may however agree with 
such a housing authority upon the payments to be made to 
the city or town as herein provided or such housing author- 
ity may make and such city or town may accept such pay- 
ments, the amount of which shall not in either case be subject 
to the foregoing limitation. The last paragraph of section 
SIX and all of section seven of chapter fifty-nine shall, so far 
as apt, be applicable to payments under this section. 

Approved April 5, 1943. < 



170 Acts, 1943. — Chaps. 149, 150, 151. 

Chav.l4:9 An Act relative to the taking of lobsters and edible 

CRABS FROM THE COASTAL WATERS OF ESSEX COUNTY. 

Be it enacted, etc., as follows: 
G. L. (Ter. Sectioii thirty-SGven of chapter one hundred and thirty 

f 37.' efc"; of the General Laws, as appearing in section one of chapter 
amended. g^^ hundred and ninety-eight of the acts of nineteen hun- 

dred and forty-one, is hereby amended by striking out, in 
the tenth Une, the word "county" and inserting in place 
thereof the words: — and Essex counties, — so that the para- 
graph contained in the tenth and eleventh Unes will read as 
follows : — 
Buoying of In Dukes and Essex counties no such pot, trap or other 

po\r'' *"*'■' contrivance shall be buoyed otherwise than separately and 
plainly. Approved April 5, 1943. 



Chap. 150 An Act relative to liens for sewer assessments in the 

TOWN OF MILFORD, 

Be it enacted, etc., as follows: 

Chapter two hundred and sixty-one of the acts of nineteen 
hundred and eight is hereby amended by striking out section 
four and inserting in place thereof the following section : — 
Section 4. Every assessment made under this act shall, for 
two years after the certification thereof to the collector of 
taxes, as hereinbefore provided, constitute a lien on the land 
affected thereby and, except as hereinafter provided, the lien 
shall continue until the recorded alienation of the estate. 

If no apportionment is made and within said two years the 
estate shall have been ahenated and the instrument alienat- 
ing the same shall have been Recorded, the lien shall termi- 
nate at the expiration of said two years. 

In case of apportionment the lien shall terminate at the 
expiration of two years from the date when the last portion 
or instalment becomes payable, if within said two years the 
estate shall have been alienated and the instrument alienat- 
ing the same shall have been recorded, otherwise the lien 
shall continue until a recorded alienation of the estate. 

Notwithstanding the foregoing, in any case where the 
amount or validity of the assessment is drawn in question 
by any suit or proceeding the lien shall continue for one year 
after final determination of such suit or proceeding. 

Approved April 6, 1943. 

Chap. 151 An Act providing for the establishment of a right of 

WAY FOR PUBLIC ACCESS TO LITTLE HERRING POND IN THE 
TOWN OF PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The county qommissioners of Plymouth 
county are hereby authorized to lay out a right of way 
in the town of Plymouth from the pubHc road at the north- 



Acts, 1943. — Chap. 152. 171 

erly end of Great Herring pond for public access to Little 
Herring pond, in accordance with plans to be approved by 
the department of public works and showing the location 
and dimensions of said right of way. Said right of way shall 
be a roadway forty feet wide along the westerly side of Little 
Herring pond to the shore in the vicinity of Duck cove, 
so called, with a suitable recreation area on the shore of the 
pond as a public landing. If it is necessary to acquire land 
for the purpose of laying out said right of way the commis- 
sioners shall at the time said 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 said 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 damages, if any, shall vest upon the recording of an 
order of taking by the 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 Plymouth 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 Plymouth or any municipality therein shall be 
required to keep said right of way in repair, nor shall it be 
liable for injury sustained by persons travelling thereon; pro- 
vided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing 
public way. 

Section 3. All expenses incurred by the commissioners 
in connection with said right of way shall be borne by the 
county of Plymouth, or by such municipalities therein, and 
in such proportion as the commissioners ma}- 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 so construed as 
to limit the powers of the department of public health, or of 
any local board of health, under the General Laws or any 
special law. Approved April 5, 1943. 

An Act authorizing releases and disclaimers of powers nhn^Q i 50 
OF appointment and- providing for the methods of ^' 

releasing and disclaiming the same. 

Whereas, By the provisions of the Revenue Act of 1942 Emergency 
as enacted and amended by the Congress of the United ^"^^^^ 
States of America certain powers of appointment must be 
released prior to July first, nineteen hundred and forty- 
three, in order to prevent application thereto of certain 
amendments to the Internal Revenue Code of the United ' 
States of America effected by said Revenue Act of 1942, 
under which the release of any such power will be subject 



172 



Acts, 1943. — Chap. 152. 



G. L. (Ter. 
Ed.), 204, 
new §§ 27-36, 
added. 

Release of 
power of 
appointment, 
etc. 



Methods of 
release of 
power of 
appointment. 



Effect and 
scope of 
release. 



to gift tax and in the event of the death of the donee of 
any such power the property then subject thereto will be 
included in his gross estate in the computation of the estate 
tax payable by reason of his death, and the deferred opera- 
tion of this act would result in completely denying or sub- 
stantially impairing the benefits of this act to donees desiring 
to release such powers; 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 two hundred and four of the General Laws, as 
amended, is hereby further amended by adding at the 
end the following ten new sections : — Section 27. A power of 
appointment, whether or not coupled with an interest, and 
whether or not existing at the time this section takes effect, 
and whether the power is held by the donee in an indi- 
vidual or in a fiduciary capacity, may be released, wholly or 
partially, by the donee thereof, unless otherwise expressly 
provided in the instrument creating the power. As used 
in sections twenty-seven to thirty-five, inclusive, the term 
power of appointment includes all powers which are in sub- 
stance and effect powers of appointment regardless of the 
language used in creating them and whether they are: 
(a) general, special, or otherwise; {b) in gross, appendant, 
simply collateral, in trust, or otherwise; (c) exercisable by 
will, deed, deed or will, or instrument amending a trust, or 
otherwise; (d) exercisable presently or in the future. 

Section 28. A power releasable according to section 
twenty-seven, or vmder common law, may be released, 
wholly or partially, by the delivery of a written release 
executed by the donee of the power for consideration or 
under seal to any person who could be adversely affected 
by the exercise of the power, or to any person who alone or 
with another or others holds in trust property subject to 
the power, or, in the case of a power created by will, by the 
filing of such release in the registry of probate in the county 
in which such will was proved or allowed. No release of a 
power of appointment shall be valid as to land in the com- 
monwealth subject to such power, except as against the 
releasor and persons having actual notice of the release, 
unless (a) in case of a power created by will or other written 
instrument, the release is acknowledged in the manner 
required in the case of deeds of land to entitle them to be 
recorded and is recorded in the registry of deeds for the 
county or district in which the land lies or, in the case of 
registered land, is filed and registered in the office of the 
assistant recorder for the registry district where the land 
lies or (h) in case of a power created by will, the release is 
filed in the registry of probate in the county in which such 
will was proved or allowed. 

Section 29. A release executed by the donee of a power 
releasable according to section twenty-seven, or under 



Acts, 1943. — Chap. 152. 173 

common law, and delivered or filed in accordance with 
the first sentence of section twenty-eight, shall, subject to 
the second sentence of section twenty-eight, be effective to 
release the power to the extent in such release provided, 
whether it in substance provides for the release of all right of 
the donee to exercise the power, or for the release of all 
right of the donee to exercise the power otherwise than in 
respect of a part, therein defined, of the property subject 
to the power, or for the release of all right of the donee to 
exercise the power otherwise than to or for the benefit of, 
in trust for, or in favor of a person or persons or class or 
classes of persons, therein specified, or an object or objects 
or class or classes of objects, therein defined. 

Section 30. If a power of appointment releasable ac- Release of 
cording to section twenty-seven, or under common law, is or more"° 
or may be exercisable by two or more persons in conjunction donees of a 
with one another or successively, a release or disclaimer of CF"^'^'" 
the power, in whole or in part, executed, and delivered or 
filed, in accordance with the first sentence of section twenty- 
eight, by any one of the donees of the power, shall, subject 
to the second sentence of section twenty-eight, be effective 
to release or disclaim, to the extent therein provided, all 
right of such person to exercise or to participate in the 
exercise of the power, but, unless the instrument creating 
the power otherwise provides, shall not prevent or limit the 
exercise or participation in the exercise thereof by the other 
donee or donees thereof. 

Section 31. The word "release", as used in sections word 
twenty-eight to thirty, inclusive, shall include (1) an instru- definer 
ment wherein the person who executes it in substance states 
that he wholly releases, or agrees in no respect to exercise 
or participate in the exercise of, a power of appointment, 
and (2) an instrument wherein the person who executes 
it in substance states that he releases all right to exercise 
or participate in the exercise of a power of appointment 
otherwise than within limits therein defined or agrees not 
to exercise or participate in the exercise of a power of ap- 
pointment otherwise than within limits therein defined. 

Section 32. Release of a power of appointment other- Restraints on 
wise releasable shall not be prevented merely by provisions etc^.^notto 
in restraint of alienation or anticipation contained in the Y^ieas^^ 
instrument creating the power. 

Section 33. Sections twenty-seven to thirty-two, inclu- Construction 
sive, shall so far as possible he deemed to be declaratory °^ ^^^' 
of the common law of this commonwealth. Said sections 
shall be liberally construed so as to effectuate the intent 
that all powers of appointment whatsoever shall be releas- 
able unless otherwise expressly provided in the instrument 
creating the power. 

Section 34. A donee of a power of appointment may Disclaimer 
disclaim the same at any time, wholly or in part, in the same ^^' '^°'^^''' 
manner and to the same extent as he might release it. 

Section 35. Nothing in sections twenty-seven to thirty- Previous 

sections limited. 



174 



Acts, 1943. — Chaps. 153, 154. 



Severability 
of sections. 
Constitution- 
ality. 



four, inclusive, shall prevent the release in any lawful man- 
ner of any releasable power of appointment or the disclaimer 
in any lawful manner of any power of appointment. 

Section 36. If any of the provisions in sections twenty- 
seven to thirty-five, inclusive, shall be held invalid or un- 
constitutional in relation to any of the applications thereof, 
such invalidity or unconstitutionality shall not affect other 
applications thereof, or other provisions in said sections; 
and to these ends the provisions in said sections are declared 
to be severable. Approved April 7, 1943. 



Chdp.lbS An Act authorizing associate medical examiners in 

BARNSTABLE COUNTY TO PERFORM THE DUTIES OF MEDICAL 
EXAMINER THEREOF IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-eight of the General Laws 
is hereby amended by inserting after section two, as appear- 
ing in the Tercentenary Edition, the following section : — 
Section 2 A. An associate medical examiner appointed in 
and for a medical examiner district of Barnstable county 
may perform the duties of medical examiner in any other 
such district of such county where there is no associate 
medical examiner, in case of the absence or inability to 
act of the medical examiner of such other district. 

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

Approved April 7, 1943. 



G. L. (Ter. 

Ed.), 38, new 
§ 2A, added. 

Duties of 

associate 

examiner, 

Barnstable 

county. 



Effective date. 



Chav.154: An Act requiring written notice of the intended 

SALE OF certain ARTICLES DEPOSITED IN PAWN AND NOT 

redeemed. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty of the General Laws is 
hereby amended by striking out section seventy-one, as 
appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 71 . Articles 
deposited in pawn with a licensed pawnbroker shall, unless 
redeemed, be retained by him on the premises occupied by 
him for his business for at least four months after the date 
of deposit, if not of a perishable nature; and, if perishable, 
for at least one month after said date. After the expira- 
tion of the applicable period of time, he may sell the articles 
by public auction, apply the proceeds thereof in satisfaction 
of the debt or demand and the expense of the notice and 
sale, and pay any surplus to the person entitled thereto 
on demand; provided, that no such sale of any article 
which is not of a perishable nature shall be made unless 
not less than ten days prior to the sale a written notice of 
the intended sale shall have been sent by registered mail 
to the person entitled to the payment of any surplus as 
aforesaid, addressed to his residence, as appearing in the 



G. L. (Ter. 
Ed.), 140, 
§71, 
amended. 

Pawnbrokers 
to retain 
articles four 
months, etc. 



Exception. 



Written 
notice. 



Acts, 1943. — Chaps. 155, 156. 175 

records of such pawnbroker. No article taken in pawn by 
such pawnbroker exceeding twenty-five dollars in value 
shall be disposed of otherwise than as above provided, any 
agreement or contract between the parties thereto to the 
contrary notwithstanding. Articles of personal apparel 
shall not be deemed to be of a perishable nature within the 
meaning of this section. Approved April 7, 194S. 

An Act providing for the filing in cases of adoption Qhar) 155 

AND CHANGE OF NAME OF COPIES OF RECORDS OF BIRTH ^' 
AND OF PREVIOUS DECREES OF ADOPTION AND CHANGE 
OF NAME. 

Be it enacted, etc,, as follows: 

Section 1. Section six of chapter two hundred and ten o. l. (Xer. 
of the General Laws, as appearing in the Tercentenary Amended.' ^ ^' 
Edition, is hereby amended by adding at the end the fol- 
lowing paragraph : — 

No decree shall be made under this section until there Decree of 
has been filed in the court a copy of the birth record of the fafn^certifi- 
person sought to be adopted and, in case such person has pate to be 
been previously adopted, either a copy of the record of his 
birth amended to conform to the previous decree of adop- 
tion or a copy of such decree; provided, that the filing of 
any such copy may be dispensed with if the judge is satisfied 
that it cannot be obtained. 

Section 2. Section thirteen of said chapter two hun- g. l. (Xer. 
dred and ten, as so appearing, is hereby amended by adding f'\l\ Amended, 
at the end the following paragraph : — 

No decree shall be entered, however, until there has Decree of 
been filed in the court a copy of the birth record of the person name^inh 
whose name is sought to be changed and, in case such per- T'^bl^med 
son's name has previously been changed by court decree, 
either a copy of the record of his birth amended to conform 
to the previous decree changing his name or a copy of such 
decree; provided, that the filing of any such copy may be 
dispensed with if the judge is satisfied that it cannot be 
obtained. Approved April 7, 1943. 



An Act authorizing the city council of the city of 
fitchburg to appropriate money for the payment 
of certain unpaid bills of said city incurred in 
the year nineteen hundred and forty-one, and au- 
thorizing said city to pay such bills. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Fitchburg is 
hereby authorized to appropriate money for the payment 
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 forty-one by said 
city, the total of such bills being two thousand and eighty- 



Chap.156 



176 Acts, 1943. — Chap. 157. 

two dollars and ninety cents, 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 available appropriations or by reason of the 
failure of said city to comply with the provisions of its 
charter, and as are certified for payment by the heads of 
the departments wherein the bills were contracted; pro- 
vided, that the money so appropriated to pay such bills 
shall be raised by taxation in said city in the current year. 

Section 2. No bill shall be approved by the city auditor 
of said city for payment or paid by the treasurer thereof 
under 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 certifi- 
cate 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 April 12, 194-3. 

Chap.ldl An Act temporarily authorizing cities and towns to 

CONTRIBUTE TOW^ARD THE COST OF MOTOR BUS SERVICE 
THEREIN. 

Emergency Wheretts, The result of the deferred operation of this act 

preamble. would be that during the period of deferment certain cities 

and towns would not be afforded relief from transportation 
problems due to existing war conditions, 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: 

During the continuance of the present emergency due 
to the existing state of war, any city or town may from 
time to time, for the purpose of providing transportation 
facilities or avoiding a reduction or discontinuance of trans- 
portation facilities, enter into agreements with any person 
lawfully authorized to operate any motor bus on any public 
way therein for the carrying of passengers for hire, to con- 
tribute to the cost of the service; provided, that no contri- 
bution under any such agreement shall in any year exceed 
the sum of one dollar for each one thousand dollars of the 
assessed valuation of such city or town of the year preceding 
the date of such agreement, except that, with the approval 
of the department of public utilities, a sum not to exceed 



Acts, 1943. — Chaps. 158, 159. 177 

two dollars on the valuation as provided herein may be 
contributed. Said department shall, upon application of 
a city or town, determine any question relating to the 
character or extent of the service rendered or facilities 
furnished in pursuance of said agreement in the event of 
any difference arising between the persons authorized as 
aforesaid and said city or town in relation thereto. 

Approved April 12, 1943. 

An Act relative to contributions by certain small Qfidj) 15c 

TOWNS in order TO OBTAIN IN THE CURRENT YEAR STATE 
AID FOR THE REPAIR AND IMPROVEMENT OF PUBLIC WAYS 
THEREIN. 

Whereas, The deferred operation of this act would delay Emergency 
the proper determination of tax rates in certain towns in P''eambie. 
the current year and would impose an unnecessary financial 
burden on such towns, 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: 

The amount of money which any town eligible for state 
aid under section twenty-six of chapter eighty-one of the 
General Laws is required to contribute or make available 
in order to be entitled to such aid in the current year shall 
be five sixths of the amount fixed for such town under said 
section. The assessors of any such town appropriating in 
the current year for the purpose aforesaid a sum in excess 
of five sixths of the amount so fixed for such town may, in 
determining the tax rate for the current year, use an amount 
equal to such excess as an estimated receipt to meet appro- 
priations made for highway purposes. 

Approved April 12, 19 43. 

An Act providing for payment by the counties of Phni) 159 

DUKES AND NANTUCKET OF TRAVELING EXPENSES OF THE 
sheriffs thereof INCURRED IN THE TRANSPORTATION 
OF PRISONERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-seven of the General Laws g. l. (Ter. 
is hereby amended by striking out section twenty-one, as ap- f^nlendJd ^ ^^' 
pearing in the Tercentenary Edition, and inserting in place 
thereof the following section: — Section 21. The sheriff of I'^'^J^^li 
Dukes county and the sheriff of Nantucket county shall sheriffs. 
each be entitled to receive from the county his actual trav- 
eling expenses incurred in the transportation of prisoners 
to and from jails and other penal institutions; and the 
sheriff of each other county, except Suffolk, shall be entitled 
to receive from the county his actual traveling expenses 
incurred in the performance of his official duties. 

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

Approved April 12, 19^3. 



178 Acts, 1943. — Chap. 160. 



C hap. IQO ^^ -^CT RELATIVE TO THE ACKNOWLEDGMENT OP WRITTEN 
INSTRUMENTS BY PERSONS SERVING IN OR WITH THE 
ARMED FORCES OF THE UNITED STATES. 

Emergency Wheveas, The deferred operation of this act would tend 

to defeat its purpose, which is in part to provide immediately 
an opportunity for persons serving in and with the armed 
forces of the United States in various parts of the world 
to make valid acknowledgments of written instruments 
before certain officers of the United States in such forces, 
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. During the existing state of war between 
the United States and any foreign country, any person 
serving in or with the armed forces of the United States 
may acknowledge any instrument, in the manner and form 
required by the laws of this commonwealth, before any com- 
missioned officer in the active service of the armed forces 
of the United States with the rank of second lieutenant 
or higher in the army or marine corps, or ensign or higher 
in the navy or United States coast guard, wherever such 
person serving is located. No such instrument shall be 
rendered invahd by the failure to state therein the place of 
execution or acknowledgment. 

No authentication of the officer's certificate of acknowl- 
edgment shall be required but the officer taking the ac- 
knowledgment shall indorse thereon or attach thereto a 
certificate substantially in the following form : — 

On this the day of , 19 , before me, 

, the undersigned officer, personally appeared 
known to me (or satisfactorily proven) to be serving in or with 
the armed forces of the United States and to be the person whose 
name is subscribed to the within instrument and acknowledged 
that he executed the same for the purposes therein contained. 
And the undersigned does further certify that he is at the date of 
this certificate a commissioned officer of the rank stated below 
and is in the active service of the armed forces of the United States. 

Signature of Officer. 

Rank of Officer and Command to 
which attached. 

Instruments so acknowledged outside of the common- 
wealth, if otherwise 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 2. So much of sections sixteen to eighteen, 
inclusive, of chapter seven hundred and eight of the acts 
of nineteen hundred and forty-one as is inconsistent here- 



Acts, 1943. — Chaps. 161, 162. 179 

with is hereby repealed. Any instrument executed or 
acknowledged under said sections, if otherwise executed or 
acknowledged in conformity with law, shall be valid not- 
withstanding the omission therefrom of a statement of the 
place of execution or acknowledgment. 

Approved April 12, 1943. 

An Act relative to the contents of pay rolls, bills Chav. 161 

AND ACCOUNT^ FOR SALARY OR COMPENSATION OF PERSONS 
IN THE SERVICE OR EMPLOYMENT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section L- Chapter two hundred and ten of the acts 
of nineteen hundred and eight is hereby amended by striking 
out section two and inserting in place thereof the following 
section : — Sectio7i 2. Every such pay roll, bill or account, 
before the certificate of the civil service commission or its 
authorized agent is affixed thereto, shall be sworn to by the 
head of the department, or by the person who is immediately 
responsible for the appointment, employment, promotion 
or transfer, of the persons named therein, and shall contain, 
in addition to such other information as the civil service 
commission or its authorized agent may require, the follow- 
ing information: — First, full name of each employee; 
second, title of office or position in which actually employed; 
third, salary, wages or other compensation; fourth, dates 
of employment. 

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

Approved April 12, 1943. 

An Act suspending for the duration of the present fhnj) iao 
WAR certain restrictions on the granting of new ^* 
licenses within the city of revere for the trans- 
portation OF passengers by motor vehicle for hire. 

Be it enacted, etc., as follows: 

Section 1. So much of the provisions of section four 
of chapter two hundred and ninety-nine of the acts of nine- 
teen hundred and thirty-two as provides that no new license 
or licenses within the cities of Chelsea and Revere' for the 
operation of motor vehicles under the provisions of chapter 
one hundred and fifty-nine A of the General Laws shall 
be valid unless and until the department of public utilities 
issues a certificate that the granting of such license or licenses 
will not injuriously affect the revenue of the Boston Elevated 
Railway Company shall not, during the continuance of the 
existing state of war between the United States and any 
foreign country, be operative with respect to those sections 
of the city of Revere lying north of Revere street, commonly 
known as the Oak Island and Point of Pmes sections of 
said city. 

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

Approved April 12, 1943. 



180 



Acts, 1943. — Chaps. 163, 164. 



Chap. Ids An Act extending the time 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 CONSOLIDATED GAS COMPANY. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and sixty-nine of 
the acts of nineteen hundred and forty-one is hereby amended 
by striking out, in the fifth Hne, the word "forty-three" 
and mserting in place thereof the word : — forty-five, — so 
as to read as follows : — 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-five, purchase or take by 
eminent domain the property of the Dedham and Hyde 
Park Gas and Electric Light Company located withm said 
city. Approved April 12, 1943. 



C/iap. 164 An Act relative to the enforcement of the state 

MILK CONTROL LAW, SO CALLED. 



G. L. (Ter. 
Ed.), 94A, 
§ 22, 
amended. 



Penalties. 



Be it enacted, etc:, as folloios: 

Chapter ninety-four A of the General Laws, inserted by 
section two of chapter six hundred and ninety-one of the 
acts of nineteen hundred and forty-one, is hereby amended 
by striking out section twenty-two and inserting in place 
thereof the f ollowmg section : — Section 22. Whoever vio- 
lates any provision of this chapter or of any effective rule, 
regulation or order of the board made under this chapter or 
adopted by the former milk control board under any similar 
provision of earlier law, 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 any effective rule, 
regulation or order so made or adopted may be reported 
by any person to the dii-ector, who shall investigate such 
complaint and may institute such action at law or in equity 
in any court of competent jurisdiction as may be necessary 
to enforce compliance with any provision of this chapter 
or of any effective rule, regulation or order so made or 
adopted, and, in addition to any other remedy, may seek 
relief by injunction, if m the opinion of the board it is neces- 
sary to protect the public interest, without being compelled 
to allege or prove that an adequate remedy at law does 
not exist. Approved April 12, 1943. 



Acts, 1943. — Chaps. 165, 166. 181 

An Act deferring the taking effect of certain Chav.lQ5 

PROVISIONS OF LAW RELATIVE TO THE EDUCATIONAL 
qualifications of APPLICANTS FOR REGISTRATION AS 
PHARMACISTS. 

Be it enacted, etc., as follows: 

Chapter fifty-two of the acts of nineteen hundred and 
forty-one is hereby amended by striking out section two 
and inserting in place thereof the following section : — Sec- 
tion 2. This act shall take effect on January first, nineteen 
hundred and forty-eight. Approved April 12, 1943. 



Chap. 166 



An Act relative to applications for abatement of 

LOCAL taxes in CERTAIN CASES WHERE TAX BILLS ARE 
SENT OUT LATE. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-nine of chapter fifty-nine of g- 1- (Ter._^ 
the General Laws, as most recently amended by section etc!, 'amended. 
one of chapter two hundred and fifty 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 sentence : — A person aggrieved by the tax Abatements, 
assessed upon him may, except as hereinafter otherwise 
provided, on or before October first of the year to which 
the tax relates or, if the tax is other than a poll tax and the 
bill or notice was first sent after September first of such 
year, on or before the thirtieth day after the date on which 
the bill or notice was so sent, apply in writing to the assessors, 
on a form approved by the commissioner, for an abatement 
thereof, and if they find him taxed at more than his just 
proportion, or upon an assessment of any of his property 
in excess of its fair cash value, they shall make a reason- 
able abatement; provided, that a person aggrieved by a tax 
assessed upon him under section seventy-five or reassessed 
upon him under section seventy-seven may apply for such 
abatement at any time within six months after notice of 
such assessment or reassessment is sent to him. 

Section 2. Section three of chapter sixty of the General EdV<3?*^§ 3 
Laws, as most recently amended by section two of chapter etc', 'amended, 
thirty-seven of the acts of the current year, is hereby further 
amended by inserting after the third sentence the following 
sentence : — An affidavit of the collector or deputy collector Affidavit by 
sending a tax bill or notice as to the time of sending shall collector, etc. 
be prima facie evidence that the same was sent at such time. 

Section 3. Said chapter sixty is hereby further amended Ed^-gJ^ig:^ 
by striking out section three A, as amended by chapter etc^ 'amended.' 
one hundred and fifty-six of the acts of nineteen hundred 
and thirty-six, and inserting in place thereof the following 
section : — Section 3 A . Every tax bill or notice shall be Tax bin, 
in a form approved by the commissioner and shall state ^""""^ °^ 



182 



Acts, 1943. — Chaps. 167, 168. 



that applications for abatement or exemptions, on forms 
so approved, must be filed with the assessors, in case of 
original assessments, on or before October first of the year 
to which the tax relates or, if the tax is other than a poll 
tax and the bill or notice is first sent after September first 
of such year, on or before the thirtieth day after the date 
on which the bill or notice is so sent or, in case of an assess- 
ment under section seventy-five of chapter fifty-nine or a 
reassessment under section seventy-seven of said chapter, 
within six months after the sending of the bill or notice. 

Approved April 12, 1943. 



Chap. 167 An Act authorizing the registration of certain 

PERSONS AS ARCHITECTS WITHOUT TAKING A WRITTEN 
EXAMINATION. 

Be it enacted, etc., as follows: 

Section sixty C of chapter one hundred and twelve of the 
General Laws, inserted by section two of chapter six hundred 
and ninety-six of the acts of nineteen hundred and forty- 
one, is hereby amended by striking out clause (c), as appear- 
ing in the nineteenth to twenty-second lines, inclusive, and 
inserting in place thereof the following clause : — (c) any 
person who has lawfully practiced architecture within the 
commonwealth or any person who has lawfully practiced 
architecture outside the commonwealth for a period of at 
least ten years. Approved April 12, 1943. 



G. L. (Ter. 
Ed.), U2, 
§ 60C, etc., 
amended. 



Exemptions. 



Chap.168 An Act relative to the marriage of a party from whom 

A DIVORCE HAS BEEN GRANTED IN CASE OF THE DEATH 
OF THE OTHER PARTY. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-four of chapter two hundred 
and eight of the General Laws, as appearing in the Tercente- 
nary Edition, is hereby amended by adding at the end the 
following : — if the other party is living, — so as to read as 
follows : — Section 24. After a decree of divorce has become 
absolute, either party may marry again as if the other were 
dead, except that the party from whom the divorce was 
granted shall not marry within two years after the decree 
has become absolute if the other party is living. 

Section 2. Section twenty-one of chapter two hundred 
and seven of the General Laws, as so appearing, is hereby 
amended by adding at the end the following paragraph : — 

A party from whom a divorce has been granted and who 
files a notice of intention to marry within two years after 
the decree of divorce has become absolute shall, if the party 
to whom the divorce was granted has died, also file with 
such notice of intention a certified copy of the certificate of 
such death. Approved April 12, 1943. 



G. L. (Ter. 
E;l.), 208, § LM, 
amended. 



Remarriage 
of divorced 
parties. 



G. L. (Ter. 
Ed.), 207, §21, 
amended. 



Death 

certificate to 
accompany 
notice, when. 



Acts, 1943. — Chaps. 169, 170. 183 



An Act relative to the inspection and disclosure (JJiav 169 

OF RECORDS CONCERNING OLD AGE ASSISTANCE, AID TO 
DEPENDENT CHILDREN AND AID TO THE BLIND. 

Be it enacted, etc., as follows: 

Chapter sixty-six of the General Laws is hereby amended ecu' ee*^'' 
by striking out section seventeen A, inserted by section one § i7a, etc., 
of chapter six hundred and thirty of the acts of nineteen ^'"^"'^'^'^• 
hundred and forty-one, and inserting in place thereof the 
following section : — Section 1 7 A . The records of the inspection of 
department of public welfare and of the several city and restHcle'd!^"'^'^'' 
town welfare departments 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 public records; provided, that 
they shall be open to inspection only by public officials, 
which term shall include members of the general court 
and representatives of the federal government, for purposes 
directly connected with the administration of such public 
assistance, or with the prosecution of war, and provided, 
further, that information relative to the record of an appli- 
cant for public assistance or a recipient thereof may be 
disclosed to him or his duly authorized agent. 

Approved April 12, 1943. 

An Act temporarily increasing the salaries op offi- Chav. 170 

CERS AND EMPLOYEES IN THE SERVICE OF THE COMMON- 
WEALTH. 

Whereas, The deferred operation of this act would tend pr'^amw"'^^ 
to defeat its purpose, which is to provide without delay 
additional income for officers and employees of the com- 
monwealth in view of the 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 person in the service of 
the commonwealth and paid from the treasury thereof is 
hereby increased by an amount equal to fifteen per cent 
thereof; provided, that such increase shall not for full-time 
service be less than two hundred and forty dollars per 
annum nor more than three hundred and sixty dollars per 
annum; and provided, further, that said minimum or said 
maximum, in the case of any such person serving on a part- 
time basis, shall be adjusted by the division of personnel 
and standardization to an amount which bears the same 
ratio to said minimum or maximum as his service bears to 
full-time service and, in the case of any such person paid in 
part by the commonwealth, shall be adjusted to an amount 
which bears the same ratio to said minimum or maximum 



184 Acts, 1943. — Chap. 170. 

as the amount of salary paid by the commonwealth bears 
to his total salary. Said increase of salary shall be effective 
odly for the period beginning July first, nineteen hundred 
and forty-three, and ending June thirtieth, nineteen hun- 
dred and forty-five. The temporary salary increase granted 
hereunder in the case of any person whose basic salary is 
changed during said period by promotion, step rate increase, 
transfer or otherwise shall be based on his basic salary as 
so changed. 

Section 2. Every officer and employee entering the serv- 
ice of the commonwealth during said period shall be entitled 
to receive the compensation of his office or position as in- 
creased by this act. 

Section 3. The word "salary" as used in this act shall 
include maintenance allowances the value of which is fixed 
in the manner provided by the rules and regulations estab- 
lished under the provisions of sections forty-five to fifty of 
chapter thirty of the General Laws. The word "salary" 
as so used shall also include compensation payable through 
the state treasury from moneys paid into the state 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 4. The division of personnel and standardiza- 
tion of the commission on administration and finance is 
hereby directed to revise the schedules of standard rates of 
salaries incorporated in the rules and regulations governing 
the classification of personal services as prepared by said 
division and approved by the governor and council, to con- 
form to section one. 

Section 5. 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 
or said comptroller as now defined by law. 

Section 6. No increase in salary made by this act shall, 
for any purpose of chapter thirty-two of the General Laws, 
be deemed or construed to be a portion of the regular com- 
pensation of any oflficer or employee now or hereafter in the 
service of the commonwealth. 

Section 7. Notwithstanding the foregoing provisions of 
this act, the temporary salary increase to which a member 
of the general court shall be entitled hereunder shall be 
limited to three hundred and sixty dollars, which shall be 
payable in one sum on July first in the year nineteen hun- 
dred and forty-three. , Approved April 13, 1943. 



Acts, 1943. — Chaps. 171, 172. 185 



An Act making an appropriation for services and Chap. 171 

EXPENSES IN connection WITH A PROGRAM OF INCREASED 
FOOD PRODUCTION AT VARIOUS INSTITUTIONS OF THE COM- 
MONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifty thousand dollars, for ex- 
penditure for personal and other services and expenses in 
connection with a program of increased food production 
at the various institutions of the commonwealth, is hereby- 
appropriated from the general fund or revenue of the com- 
monwealth, subject to the provisions of law regulating the 
disbursement of funds and the approval thereof, in advance 
of final action on the general appropriation bill for the next 
fiscal biennium, pursuant to a message of the governor 
dated April sixth, nineteen hundred and forty-three. The 
amount herein appropriated is hereby made available for 
transfer, with the approval of the commission on administra- 
tion and finance, to accounts in other appropriation items 
for the services of the various institutions of the common- 
wealth where the amounts otherwise available for carrying 
out said program at such institutions are insufficient. 

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

Approved April 13, 1943. 



An Act including members of certain women's auxil- (Jhn'j) 1 70 

lARY military AND NAVAL UNITS WITHIN THE OPERATION 
OF AN ACT TO MEET CERTAIN CONTINGENCIES ARISING IN 
CONNECTION 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 EXISTENCE OF THE PRESENT STATE OF WAR. 

Whereas, The deferred operation of this act would in Emergency 
part tend to defeat its purpose, which, in view of the large P'"eambie. 
number of residents of this commonwealth now serving as 
members of certain women's auxiliary military and naval 
units, is to make immediately available to such persons the 
benefits conferred on persons in the military or naval service 
of the United States by the act of which this is an amend- 
ment, 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 one of chapter seven hundred and eight of the 
acts of nineteen hundred and forty-one is hereby amended 
by adding at the end the following sentence : — The phrase 
"serving in the military or naval forces of the United States '■', 
the phrase "service in the mihtary or naval forces of the 
United States" and the phrase "mihtary or naval service", 
as used in this act, shall be taken to include service other 



186 Acts, 1943. — Chaps. 173, 174. 

than in a civilian capacity as a member of any corps or unit 
established under the laws of the United States for the pur- 
pose of enabling women to serve with, or as auxiliary to, 
the armed forces of the United States. 

Approved April 14, 1943. 



Chap.l7S An Act reviving brown reflector (inc.) for the pur- 
pose OF collecting money due it. 

Emergency Wheveas, The deferred operation of this act would tend 

to defeat its purpose, which in part is to immediately revive 
the corporation therein referred to, 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: 

Brown Reflector (Inc.), a corporation dissolved by section 
one of chapter one hundred and eighty-seven of the acts of 
nineteen hundred and thirty-four, is hereby revived and 
continued for a period of two years from the effective date 
of this act for the purpose of collecting money due it and 
distributing the proceeds among those entitled thereto; 
provided, that the foregoing provisions of this act shall 
not take effect until there shall have been filed in the office 
of the commissioner of corporations and taxation an agree- 
ment, in form approved by the attorney general, for the 
payment in full of all excise taxes owed to the commonwealth 
by said corporation prior to its dissolution and subsequently 
abated as uncollectible, with interest thereon to the date of 
payment. Approved April I4, 1943. 

Chap. 17 4: An Act authorizing the town of dennis to receive 

AND administer THE PROPERTY OF THE WEST DENNIS 
CEMETERY CORPORATION IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The West Dennis Cemetery Corporation, a 
corporation duly incorporated by law and situated in the 
town of Dennis, hereinafter called the corporation, may, by 
deed duly executed, convey and transfer to said town, and 
said town is hereby authorized and empowered to receive, 
and thereafter to hold and maintain, but for cemetery pur- 
poses only, and subject to all rights heretofore existing in 
any burial lots, the real and personal property of the corpo- 
ration not subject to any trust, and thereupon, and upon the 
transfer of the trust funds as hereinafter provided, the cor- 
poration shall be dissolved; and the cemetery of the cor- 
poration shall be and become a public burial place, ground 
or cemetery. 

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



Acts, 1943. — Chap. 175. 187 

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

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

Section 4. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Dennis voting thereon at a special town meeting of said 
town to be held in the current year, but not otherwise. 

Approved April 14, 194S. 

An Act providing that certain age requirements shall (JJidj) 175 

NOT APPLY IN the CASE OF ENLISTMENTS OF WOMEN AS 
OFFICERS OF THE DIVISION OF STATE POLICE. 

Be it enacted, etc., as follows: 

Section nine A of chapter twenty-two of the General ej^"92^1<4'\ 
Laws, as amended by section four of chapter five hundred etc^, 'amended.' 
and three of the acts of nineteen hundred and thirty-nine, 
is hereby further amended by striking out the sentence in- 
serted by said section four and inserting in place thereof the 
following sentence : — No person over thirty years of age Eniistmont 
shall be enlisted for the first time as an officer of the divi- '^^^■ 
sion of state police, except that said age qualification shall 
not apply in the case of the enlistment of any woman as 
such an officer. Approved April I4, 1943. 



188 



Acts, 1943. — Chaps. 176, 177. 



Chap. 176 An Act relative to the corporate powers of the ded- 

HAM TEMPORARY HOME FOR WOMEN AND CHILDREN. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter eighty-nine of the acts 
of nineteen hundred and ten is hereby amended by striking 
out, in the second Hne, the words "care for" and inserting 
in place thereof the words : — provide convalescent care for 
men, — so as to read as follows: — Section 2. The said 
corporation is hereby authorized to receive and provide 
convalescent care for men, women and children under such 
terms and conditions as it may from time to time deter- 
mine, and to use for these purposes all the real and personal 
property which it now holds or which it may hereafter hold; 
and it is authorized to take and hold for the above purposes 
real and personal property, not exceeding in value one hun- 
dred and fifty thousand dollars. 

Section. 2. This act shall take full effect upon its accept- 
ance, at a meeting duly called for the purpose, by the mem- 
bers of said corporation entitled to vote and the filing with 
the state secretary of a certificate of such acceptance, but 
not otherwise. Approved April 14, 1943. 



Chap. 177 An Act further regulating the right of cities and 
towns to appropriate money for providing proper 
facilities for public entertainment. 



Emergency 
preamble. 



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



Appropria- 
tions for 
pubKc 
entertain- 
ments. 



Entertainment 
of persons 
inducted in 
armed forces. 



Whereas, Certain cities and towns are desirous of im- 
mediately making appropriations of public funds to be 
expended for the pulMic recognition and entertainment of 
their citizens now being inducted into the armed forces of 
the United States and the deferred operation of this act, 
which authorizes such appropriations, would in part defeat 
its purpose, 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. Section five of chapter forty of the General 
Laws, as amended, is hereby further amended by striking 
out clause (37), as appearing in the Tercentenary Edition, 
and inserting in place thereof the following clause : — 

(37) For providing proper facilities for public entertain- 
ment in connection with the holding of conventions in the 
town, for paying expenses incidental to such entertainment, 
and for the entertainment of distinguished guests, a sum not 
exceeding, in any one year, one one-hundredth of one per cent 
of the assessed valuation of the preceding year, but in no event 
more than seventy-five thousand dollars. 

Section 2. During the continuance of the existing state 
of war between the United States and any foreign country, 
a city or town may appropriate money for the purpose of 



Acts, 1943. — Chaps. 178, 179. 189 

providing for the entertainment of persons inducted into 
the armed forces of the United States, a sum not exceeding, 
in any one year, one two-hundredth of one per cent of the 
assessed valuation of the preceding year, but in no event 
more than ten thousand dollars. Any appropriation under 
this section shall be in addition to any appropriation for 
the purpose aforesaid authorized by any other provision of 
law. Approved April I4, 1943. 

An Act authorizing the licensing authorities of the (JJidj) I'jg 

CITY OF HOLYOKE TO GRANT A LICENSE TO ZENAIDE 
JUBINVILLE TO CONDUCT A PACKAGE STORE. 

Be it enacted, etc., as follows: 

Section 1. The licensing authorities of the city of 
Holyoke may, upon proper application and the payment of 
the required fee, grant a license to conduct a package store 
to Zenaide Jubinville of said city, it having been adjudged 
by a decree of the superior court for the county of Hampden, 
entered after rescript from the supreme judicial court, that 
said Zenaide Jubinville was the owner of the assets of a 
package store business formerly conducted in said city under 
a license granted to Antonio Jubinville and Marie Jubin- 
ville, and ordering said Antonio Jubinville and Marie Jubin- 
ville to surrender to the licenshig authorities for cancellation 
the license held by them. Such license may be granted 
notwithstanding that the granting thereof will cause the 
number of such licenses which may be granted in said city 
under section fifteen of chapter one hundred and thirty- 
eight of the General Laws, as set forth in section seventeen 
of said chapter one hundred and thirty-eight, to be exceeded. 
The granting of such license shall in no way affect the 
vahdity of any other package store license in said city. 
Said licensing authorities may renew such license upon appli- 
cation therefor as provided in section sixteen A of said 
chapter one hundred and thirty-eight. 

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

Approved April 15, 1943. 

An Act relative to interest, charges and fees to be QJiav 179 

collected with DELINQUENT TAXES. 

Be it enacted, etc., as follows: 

Chapter sixty of the General Laws is hereby amended EdVe^''«i5 
by striking out section fifteen, as most recently amended etc!, 'amended'. 
by section one of chapter two hundred and fifty-two of the 
acts of nineteen hundred and thirty-five, and inserting in 
place thereof the following section: — Section 15. Except as interest, 
provided in section fifteen A, the following interest, charges fn Sction' 
and fees, and no other, when accrued, shall severally be of delinquent 
added to the amount of the tax and collected as a part 
thereof : — 



190 Acts, 1943. — Chap. 179. 

1. For interest, as provided by law; 

2. For each written demand provided for by law, thirty- 
five cents; 

3. For preparing advertisement of sale or taking, 
fifty cents for each parcel of real estate included in the 
advertisement ; 

4. For advertisement of sale or taking in newspaper, the 
cost thereof; 

5. For posting notices of sale or taking, fifty cents for 
each parcel of real estate included in the notice; 

6. For affidavit, twenty-five cents for each parcel of land 
included therein; 

7. For recording affidavit, one dollar for each parcel of 
land included therein; 

8. For preparing deed or instrument of taking, two 
dollars; 

9. For the issuance and delivery of a warrant to an officer, 
fifty cents; 

10. For notice to the delinquent that warrant has been 
issued, one dollar; 

11. For exhibiting a warrant or delivering a copy thereof 
to the delinquent or his representative, or leaving it at his 
last and usual place of abode or of business, before and 
without distraint or arrest, two dollars; 

12. For distraining goods of the delinquent, two dollars 
and the necessary cost thereof; 

13. For the custody and safekeeping of the distrained 
goods of the delinquent, not more than three dollars for 
each day of not more than eight hours for the keeper while 
he is in charge, and one dollar a day for the officer, for a 
period not exceeding seven days, together with the expense 
of packing, storage, labor and towing or teaming, and other 
necessary expenses; 

14. For selling goods distrained, the cost thereof; 

15. For arresting the body, two dollars, and a sum, not 
exceeding five dollars, for travel, at the rate of eight cents 
per mile, from the office of the collector to the place where 
the arrest is made; 

16. For custody of the body arrested, if payment of the 
delinquent tax is not made forthwith, three dollars, and in 
addition thereto travel at the rate of eight cents per mile 
from the place of arrest to the jail or, if payment is made 
before commitment to jail, for the distance from the place 
where the arrest is made to the place where payment is 
made; 

17. For service of demand and notice under section fifty- 
three, if served in the manner required by law for the service 
of subpoenas on witnesses in civil cases, fifty cents and 
travel at the rate of eight cents per mile from the office of 
the collector to the place where service is made, but in no 
event more than five dollars. 

The collector shall account to the town treasurer for all 
interest, charges and fees collected by him ; but the town shall 



Acts, 1943. — Chaps. 180, 181. 191 

reimburse or credit him for all expenses incurred by him 
hereunder, including all lawful charges and fees paid or 
credited by him for collecting taxes. 

Approved April 15, 1943. 

An Act reviving the corporation known as the mixer (7/ia2).180 

BROTHERS COMPANY. 

Be it enacted, etc., as folloxos: 

The Mixer Brothers Company, a corporation dissolved 
by section one of chapter two hundred and thirty-nine of 
the acts of the year nineteen hundred and thirty-seven, is 
hereby revived and continued with the same powers, duties 
and obligations as if said chapter had not been passed; 
provided, that the foregoing provisions of this act shall not 
take effect until there shall have been filed in the office of 
the commissioner of corporations and taxation an agreement 
satisfactory to said commissioner and to the mayor of the 
city of Boston, in form approved by the attorney general, 
for the payment in full of all taxes owed to the common- 
wealth and to said city by said corporation prior to its dis- 
solution, whether or not subsequently abated as uncollecti- 
ble, together with interest thereon to the date of payment. 

Approved April 15, 1943. 

An Act further regulating medical services rendered Qhav 181 

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, as amended f siJ; iS 
by chapter one hundred and sixty-four of the acts of nine- amended.' 
teen hundred and thirty-six, and inserting in place thereof 
the following section: — Section 30. During the first two Payments for 
weeks after the injury, and, in unusual cases or cases re- Zt^cel under 
quiring specialized or surgical treatment, in the discretion compensation 
of the department, for a longer period, the insurer shall fur- 
nish adequate and reasonable medical and hospital services, 
and medicines if needed, together with the expenses neces- 
sarily incidental to such services. The employee may select 
a physician other than the one provided by the insurer; 
and in case he shall be, treated by a physician of his own 
selection, or where in case of emergency or for other justi- 
fiable cause a physician other than the one provided by 
the insurer is called in to treat the injured employee, the 
reasonable cost of the physician's services shall be paid by 
the insurer, subject to the approval of the department. Such 
approval shall be granted only if the department finds that 
the emploj^ee was so treated by such physician or that there 
was such emergency or justifiable cause, and in all cases 
that the services were adequate and reasonable and the 
charges reasonable. In any case where the department is 



192 Acts, 1943. — Chaps. 182, 183. 

of opinion that the fitting of the employee with an artificial 
eye or limb, or other mechanical appliance, will promote his 
restoration to or continue him in industry, it may order 
that he be provided with such an artificial eye, limb or appli- 
ance, at the expense of the insurer 

Approved April 15, 19J^3. 



Chap. 182 An Act relative to the filling of vacancies in the 

BOARD OF aldermen OF THE CITY OF NEWTON. 

Be it enacted, etc., as follows: 

Section 1 . Any vacancy in the board of aldermen of 
the city of Newton shall be filled for the unexpired term by 
the remaining members of the board. 

Section 2. So much of chapter two hundred and eighty- 
three of the acts of eighteen hundred and ninety-seven, and 
acts in amendment thereof and in addition thereto, as is 
inconsistent with this act is hereby repealed. 

Section 3. This act shall be submitted for acceptance 
to the registered voters of the city of Newton at the biennial 
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 said election: 
"Shall an act of the general court passed in the year nine- 
teen hundred and forty-three, entitled 'An Act relative to 
the Filling of Vacancies in the Board of Aldermen of the 
City of Newton', 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 15, 1943. 

Chap. 18S An Act relating to the computation of reserves 
required of insurance companies with respect to 
certain policies of liability insurance. 

Be it enacted, etc., as follows: 

EdViTs'^' Section 1. Section twelve of chapter one hundred and 

§ i'2' amended. seveuty-fivG of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out all 
before the word "policies" in the twentieth line and inserting 
Computation in placc thereof the following : — Except as otherwise pro- 
ifabfity^^^ °^ vided in section twelve A, the commissioner shall each year 
companies. compute the rcservc required of liability companies for 
outstanding losses under insurance against loss or damage 
from accident to or injuries suffered by an employee or other 
person, for which the insured is fiable, as follows: — 

1. For all liability suits being defended under policies 
written: 

(a) Ten years or more prior to the date of determina- 
tion, one thousand five hundred dollars for each suit. 

(6) Five or more but less than ten years prior to the date 
of determination, one thousand dollars for each suit. 



Acts, 1943. — Chap. 184. 193 

(c) Three or more but less than five years prior to the ^ 

date of determination, eight hundred and fifty dollars for 
each suit. 

2. For all liability policies written during the three years 
immediately preceding the date of determination, such 
reserves shall be the sum of the reserves for each such year, 
which shall be sixty per cent of the earned premiums on 
liability policies written during such year less all loss and 
loss expense payments made under such policies written 
in such year. In any event the reserves for each of such 
three years shall be not less than the aggregate of the esti- 
mated unpaid losses and loss expenses for claims incurred 
under such policies written in the corresponding year com- 
puted on an individual case basis. 

2A. For all liability policies written more than three 
years prior to the date of determination the total loss and 
loss expense reserves shall be not less than the aggregate of 
the estimated unpaid losses and loss expenses for claims 
incurred under such policies computed on an individual 
case basis. 

Section 2. Said chapter one hundred and seventy-five g. l. (Xer. 
is hereby further amended by inserting after section twelve, new^^Hk, 
as amended, the following section: — Section 12 A. When- added. 
ever a domestic liability company authorized to transact Reserves of 
business in the commonwealth, conducting an intrastate doing intra- 
business only, so elects by the filing of a writing with the st^at^e business 
commissioner, he shall, instead of proceeding under section 
twelve, compute the reserve required of it for outstanding 
losses under insurance against loss or damage from accident 
to or injuries suffered by an employee or other person for 
which the insured is liable, under the earlier provisions of 
section twelve as appearing in the Tercentenary Edition. , 

Approved April 16, 1943. 

An Act providing that certain members of the per- Chav.lS4: 

MANENT POLICE FORCE OF THE CITY OF SPRINGFIELD 
SHALL RECEIVE CREDIT FOR THEIR SERVICE IN THE REG- 
ULAR POLICE FORCE OF THE PARK DEPARTMENT OF SAID 
CITY, 

Be it enacted, etc., as follows: 

The members of the permanent police force of the city of 
Springfield who were formerly members of the regular police 
force of the park department of said city and who upon 
their transfer from said department became members of ^ 
said permanent police force shall, as a part of their credit- 
able service under section eighty-three of chapter thirty- 
two of the General Laws, receive credit for the period of 
their service in the Regular pohce force of said park depart- 
ment and of any prior service in said permanent police 
force in the same manner and to the same extent as if their 
entire police service had been rendered as members of said 
permanent pohce force. Approved April 16, 1943. 



194 



Acts, 1943. — Chap. 185. 



(Jhap. 



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



Commitment 
to department 
for defective 
delinquents or 
for drug 
addicts. 



185 An Act making changes in the laws relative to 
defective delinquents. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and twenty-three 
of the General Laws is hereby amended by striking out 
section one hundred and thirteen, as amended by section 
twelve of chapter one hundred and ninety-four of the acts 
of nineteen hundred and forty-one, and inserting in place 
thereof the following section: — 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 public welfare, 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 application 
for the commitment of the defendant in such a case to a 
department for defective delinquents established 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 under authority of said sections. 
On the filing of such an application the court may continue 
the original case from time to time to await disposition 
thereof. On the filing of an application for the commit- 
ment to a department for defective delinquents the court 
shall give notice to the department of mental health and 
said department shall cause such person to be examined 
by two experts in insanity with a view to determining 
whether or not he is mentally defective, and shall file a 
written report with the clerk of the court in which the case 
is pending and the report shall be accessible to the court, 
the probation officer, the district attorney and to the de- 
fendant and his attorney. If, on a hearing on an applica- 
tion for commitment as a defective delinquent, the defendant 
is found to be mentally defective, and the court, after 
examination into his record, character and personality, finds 
that he has shown himself to be an habitual delinquent or 
shows tendencies toward becoming such and that such 
definquency is or may become a menace to the public, and 
that he is not a proper subject for a school for the feeble 
minded or for commitment as an insane person, the court 
shall make and record a finding to the effect that the de- 
fendant 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 application for commitment as a drug addict, it 
appears that the defendant is addicted to the intemperate 



Acts, 1943. — Chap. 185. 195 

use of stimulants or narcotics, the court may commit him 
to a department for the care and treatment of drug addicts. 

Section 2. Said chapter one hundred and twenty- g. l. (Xer. 
three is hereby further amended by striking out section f 114/^^' 
one hundred and fourteen, as appearing in the Tercentenary amended. 
Edition, and inserting in place thereof the following sec- 
tion: — Section 11 4. If an offender while under commit- Removal from 
ment to any of the institutions named in section one hundred Clla^e of 
and thirteen, to the state prison -colony or to the custody violation of 
of the department of public welfare, persistently violates ^^^ ^ ^°^' 
the regulations of the institution or department in whose 
custody he is, or conducts himself so indecently or immorally, 
or otherwise so grossly misbehaves as to render himself an 
unfit subject for retention in said institution or by said 
department, and it appears that such offender is mentally 
defective or addicted to the intemperate use of stimulants 
or narcotics, and is not a proper subject for a school for the 
feeble minded, a physician in attendance at such institution 
or a physician employed by said department shall make a 
report thereof to the officer in charge of said institution or 
to the director of child guardianship, who shall transmit 
the same to one of the judges mentioned in section fifty. 
If it appears to said judge that such offender may be 
mentally defective the judge shall give notice to the depart- 
ment of mental health and said department shall cause the 
offender to be examined by two experts in insanity with a 
view to determining whether or not the offender is mentally 
defective and shall cause a written report to be made to 
said judge. The judge shall make inquiry into the facts 
and, if satisfied that the offender is mentally defective or so 
addicted, and not a proper subject for a school for the feeble 
minded, shall order his removal to a department for defective 
delinquents, or to a department for the care and treatment 
of drug addicts, as the case may be, according to his age 
and sex as hereinafter provided. 

Section 3. Said chapter one hundred and twenty-three g. l. (Ter. 
is hereby further amended by striking out section one hun- § 115, 
dred and fifteen, as so appearing, and inserting in place amended, 
thereof the following section: — Section 115. No person Physicians' 
shall be committed to a department for defective deHnquents bf fil^d^*^ *° 
under section one hundred and thirteen or one hundred and certain cases, 
fourteen or be removed thereto under section one hundred 
and sixteen unless the report of the department of mental 
health required under said section contains a certificate by 
the two experts in insanity who examined him that such 
person is mentally defective. No person shall be committed 
to a department for the care and treatment of drug addicts 
under section one hundred and thirteen or one hundred 
and fourteen unless there has been filed with the judge a 
certificate by two physicians quaHfied as provided in sec- 
tion fifty-three that such person is addicted to the intem- 
perate use of stimulants or narcotics. The fees of the Fees. 



196 



Acts, 1943. — Chap. 185. 



G. L. (Ter. 
Ed.), 123, 
§ 116, 
amended. 

Removal from 
school for 
feeble minded 
for violation 
of regulations, 
etc. 



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



Return of 
certain, per- 
sons to penal 
institutions. 



experts or physicians issuing such certificates or issuing 
certificates under section one hundred and seventeen A 
shall be of the amount and paid in the manner provided for 
like service in sections three to one hundred and twelve, 
inclusive. 

Section 4. Said chapter one hundred and twenty- 
three is hereby further amended by striking out section 
one hundred and sixteen, as so appearing, and inserting in 
place thereof the following section: — Section 116. If an 
inmate of a school for the feeble minded persistently violates 
the regulations of the school, or conducts himself so in- 
decently or immorally, or so grossly misbehaves as to render 
himself an unfit subject for retention therein, the officer 
in charge shall make a report thereof to one of the judges 
mentioned in section fifty. The judge shall give notice to 
the department of mental health and said department shall 
cause the offender to be examined by two experts in insanity 
with a view to determining whether or not the offender is 
an improper subject to be retained in a school for the feeble 
minded and should be committed as a defective delinquent 
and said department shall cause a written report to be 
made to said judge. The judge shall make inquiry into the 
facts and, if satisfied that such inmate is not a fit subject 
for retention in the school, shall order his removal to a 
department for defective delinquents, according to his age 
and sex as hereinafter provided. 

Section 5. Said chapter one hundred and twenty- 
three is hereby further amended by striking out section 
one hundred and seventeen A, inserted by chapter thirty- 
two of the acts of nineteen hundred and thirty-six, and 
inserting in place thereof the following section : — Section 
117 A. When, in the opinion of the commissioner of cor- 
rection and the superintendent of an institution wherein a 
department for defective delinquents has been established, 
or, in case of such a department established at the state 
farm, the medical director appointed under section forty- 
eight of chapter one hundred and twenty five, the mental 
condition of a person removed from any institution referred 
to in section one hundred and thirteen, one hundred and 
fourteen or one hundred and sixteen, is such that he should 
be returned to the institution from which he was removed, 
notice shall be given to the department of mental health 
and said department shall cause the person to be examined 
by two experts in insanity with a view to determining 
whether or not his mental condition is such that he should 
be returned. If upon examination by such experts a person 
committed as a defective delinquent is found to be in such 
mental condition that he should be returned to the institu- 
tion from which he was removed, they shall so certify upon 
the order of commitment, and notice, accompanied by a 
written statement regarding the mental condition of such 
person, shall be given to the officer in charge of the institu- 
tion from which he was removed who shall thereupon cause 



Acts, 1943. — Chap. 186. 197 

such person to be returned to such institution. A person 
so returned to a penal institution shall remain there pur- 
suant to the original sentence, computing the time of his 
confinement in said department as part of the term of his 
imprisonment under such sentence. 

Section 6. Said chapter one hundred and twenty- g. l. (Ter. 
three is hereby further amended by striking out section ftis/ffc'., 
one hundred and eighteen, as amended by section two of amended. 
chapter two hundred and fifty-four of the acts of nineteen 
hundred and thirty-eight, and inserting in place thereof 
the following section: — Sectio7i 118. The parole board in Parole of 
the department of correction may parole inmates of the de- deifnqJents. 
partments for defective delinquents or drug addicts on such 
conditions as it deems best, and may, at any time during 
the parole period, recall to the institution any inmate 
paroled. Said board shall not entertain a petition for parole 
of a person confined in any department for defective delin- 
quents or for drug addicts, unless and until said person is 
recommended by the superintendent and physician of the 
institution at which the department is established, or if 
established at the state farm, by the superintendent and 
medical director thereof, for consideration for parole by the 
parole board. In all other respects the parole of defective 
delinquents may be regulated by rules of the parole board. 

Approved April 16, 1943. 

An Act authorizing the issue of certain policies of Qhav 186 

LIFE OR endowment INSURANCE WITHOUT MEDICAL 
EXAMINATION. 

Whereas, Owing to the scarcity of registered medical '^^^^^''^u,"*'^ 
practitioners in the present emergency, the deferred opera- 
tion of this act would result in postponing the issue of life 
insurance policies to persons who have immediate need 
thereof, 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: 

Chapter one hundred and seventy-five of the General G- l. (Ter. 
Laws is hereby amended by striking out section one hundred § 123. ' 
and twenty-three, as appearing in the Tercentenary Edi- amended, 
tion, and inserting in place thereof the following section: 
— Section 123. No life company shall issue any policy of Medical 

1./. 1 ,. -ii- lii X examination, 

uie or endowment insurance m this commonwealth except when required. 
upon a written application therefor signed or assented to 
in writing by the person to be insured, provided, that such 
a compan}^ may issue a policy on the life of a minor under 
the age of fifteen on an application signed by the parent, 
guardian or other person having legal custody of such minor. 
No such compan}^ shall issue any such policy for more 
than five thousand dollars unless the company has within 
one year prior thereto made or caused to be made a medical 



198 Acts, 1943. — Chap. 187. 

examination of the proposed insured by a registered medical 
practitioner. 

Tliis section shall not apply to contracts based upon the 
continuance of life, such as annuity or pure endowment 
contracts, whether or not they embody an agreement to 
refund, upon the death of the holder, to his estate or to a 
specified payee, any sum not exceeding the premiums paid 
thereon with compound interest, nor shall it apply to con- 
tracts of group life insurance. 
Penalty. Any company violating this section, or any officer, agent 

or other person soliciting or effecting, or attempting to effect, 
a contract of insurance contrary to the provisions hereof, 
shall be punished by a fine of not more than one hundred 
dollars. Approved April 16, 1943. 



Chap. 1S7 An Act authorizing the general electric mutual 

BENEFIT ASSOCIATION TO PAY FURTHER BENEFITS TO 
members AND THEIR DEPENDENT WIVES AND CHILDREN. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifty-one of the 
acts of nineteen hundred and twenty is hereby amended 
by striking out section three, inserted by chapter one hun- 
dred and twenty-six of the acts of nineteen hundred and 
twenty-eight and as amended by section two of chapter 
one hundred and twenty-six of the acts of nineteen hundred 
and thirty-nine, and inserting in place thereof the follow- 
ing section : — Section 3. In addition to the relief and 
benefits provided for by sections two and four and subject 
to such conditions and limitations as may be fixed by the 
by-laws, said association may pay for the hospital care of a 
disabled member requiring and receiving such care not 
more than four dollars for each day that such member is 
in a hospital, but not exceeding one hundred and twenty- 
four dollars in any twelve consecutive months, and also 
may pay for any operating room, anesthesia. X-ray or 
therapeutics furnished for any such member not more than 
fifteen dollars in any twelve consecutive months. 

Section 2. Said chapter one hundred and fifty-one is 
hereby further amended by adding at the end the follow- 
ing section: — Section 4- In addition to the relief and bene- 
fits provided for by sections two and three and subject 
to such conditions and limitations as may be fixed by the 
by-laws, said association may pay for hospital care of a 
disabled dependent wife or children of a member partici- 
pating in a hospitahzation plan for wives and children 
requiring and receiving such care, in the case of such a 
dependent under twelve years of age three dollars for each 
day, or in the case of any other such dependent four dollars 
for each day, that such dependent is in a hospital, not 
exceeding one hundred and twenty-four dollars in the 
aggregate for all such dependents in any twelve consecu- 



Acts, 1943. — Chap. 188. 199 

tive months, and also may pay for any operating room, 
anesthesia, X-ray or therapeutics furnished for a dependent 
wife or child of any such member not more than fifteen 
dollars for any one dependent in any twelve consecutive 
months. 

Persons falling within the following descriptions shall be 
considered dependents for the purpose of participating in 
any such plan: — 

(a) Wife of member ; 

(6) Any child born as the issue of the member partici- 
pating in such plan, or as the issue of the wife of such 
member, or any legally adopted child of said parents or 
either of them; provided, that such child is legally dependent 
upon such parent or parents for maintenance and support, 
is unmarried and not employed and is more than three 
months of age but less than eighteen years of age. 

Approved April 16, 1943. 

An Act relative to taking for nonpayment of taxes Chap. 188 

LANDS SUBJECT TO TAX TITLES HELD BY MUNICIPALITIES 
WHEN THE ASSESSMENT UNIT IS CHANGED. 

Be it enacted, etc., as follows: 

Chapter sixty of the General Laws is hereby amended EdV eo^new 
by inserting after section sixty-one, as amended, the fol- § eiX, added, 
lowing section: — Section 61 A. Anything contained in sec- Taxiienon 
tion sixty-one to the contrary notwithstanding, if a tax is a subject^t'o 
lien on land only part of which is subject to a tax title or f^^^J ^^'^ 
tax titles held by the town or part of which is subject to a 
tax title held by the town and the remainder of which is 
subject to another tax title or tax titles held by the town, 
the tax shall not be certified as provided in section sixty-one; 
but the collector shall take the land for the nonpayment of 
the tax as if no part of such land were subject to a tax title 
held by the town, except that the notice prior to the taking 
and the instrument of taking shall, after describing the 
land, state: — "A portion or all of this land is subject to a 
tax title or tax titles held by the Town [or City] of ". 

The tax title account set up for the tax title resulting from 
such a taking and the tax title account set up for the prior 
tax title or tax titles shall be cross-referenced by the treas- 
urer; and no tax title the account for which is so cross- 
referenced shall be assigned by the town. 

Approved April 16, 1943. 



200 



Acts, 1943. — Chaps. 189, 190. 



Chap. 189 An Act relative to certain applications for acci- 
dental DISABILITY AND ACCIDENTAL DEATH BENEFITS 
UNDER THE LAWS RELATIVE TO CERTAIN RETIREMENT 
SYSTEMS ON ACCOUNT OF THE INJURY OR DEATH OF A 
MEMBER THEREOF WHO HAS RECEIVED COMPENSATION 
UNDER THE WORKMEN'S COMPElSfSATION LAW, WHERE 
NOTICE OF THE INJURY WAS NOT GIVEN SEASONABLY TO 
THE RETIREMENT BOARD OF SUCH SYSTEM. 



G. L. (Ter. 
Ed.), 32, 
§ 37E, etc., 
amended. 

Application 
for retirement, 
etc., filed 
more than 
two years 
after injury. 



Be it enacted, etc., as follows. • 

Section thirty-seven E of chapter thirty-two of the 
General Laws, as amended, is hereby further amended by 
adding at the end the following paragraph : — 

(5) An application for the retirement of a member of 
a retirement system subject to this chapter on account of 
an injury which occurred more than two years prior to such 
application and was not reported in writing to the retire- 
ment board of such system within ninety days after its 
occurrence, or an application for an accidental death benefit 
on account of the death of a member of such a system re- 
sulting from an injury which occurred more than two years 
before such death and was not reported in writing to the 
retirement board of such system within ninety days after 
its occurrence, may be received and acted upon subject to 
the provisions of this chapter applicable in such a case, 
if such member has previously received compensation on 
account of such injury under any provision of chapter one 
hundred and fifty-two. Approved April 16, 1943. 



Chap. 190 An Act relative to the admissibility in evidence of 

UNATTESTED COPIES OF RULES AND REGULATIONS OF 
PUBLIC BODIES AND OF MUNICIPAL ORDINANCES AND 
BY-LAWS. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-five of chapter two hundred 
and thirty- three of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by adding at the 
end the following sentence : — Printed copies of rules and 
regulations purporting to be issued by authority of any 
department, commission, board or officer of the common- 
wealth or of any city or town having authority to adopt 
them, or printed copies of any city ordinances or town by 
laws, shall be admitted without certification or attestation, 
but, if their genuineness is questioned, the court may re- 
quire such certification or attestation thereof as it deems 
necessary. 

Section 2. This act shall take effect on September first 
in the current year. Approved April 16, 1913. 



G. L. (Ter. 
Ed.), 233, § 75, 
amended. 



Certain rules 
and regula- 
tions as 
evidence, cer- 
tification of. 



Effective date. 



Acts, 1943. — Chaps. 191, 192. 201 



An Act making certain changes in existing laws af- Chap. 191 

FECTING THE EXAMINATION AND AUDIT OF CO-OPERATIVE 
BANKS. 

Whereas, The recent change in the fiscal year of the com- Emergency 
monwealth has made unworkable certain provisions of law p''e'*"»*'ie- 
relative to the assessment and collection of a certain portion 
of the cost of examinations and audits of co-operative banks, 
and the deferred operation of this act would tend to defeat 
its purpose which in part is to make immediately effective 
the amendments of existing law therein contained, there- 
fore it is hereby declared to be an emergency law, necessarj'- 
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 striking out section fifty-four, as appear- ftc;!amrAd^' 
ing in chapter one hundred and forty-four of the acts of 
nineteen hundred and thirty-three, and inserting in place 
thereof the following section:- — Section 54. To defray the Fees for 
expenses of the examination and audit provided for by Ind^dit."*^ 
section fifty-three, every such corporation so examined and 
audited shall, upon notice from the commissioner, pay to 
him as a fee therefor the actual cost of such examination 
and audit, including that portion of the overhead expense 
of the division of banks and loan agencies which shall be 
determined by the commissioner to be attributable to the 
supervision of such corporation; provided that such fee 
shall not exceed twenty cents per one thousand dollars of 
assets as shown by the statement of condition of such cor- 
poration on the date of such examination and audit. For 
the purpose of this section, travehng and hotel expense shall 
be included in the overhead expense of the aforesaid division. 

Approved April 20, 1943. 

An Act providing for temporary changes in certain Chav.192 

LAWS regulating THE ESTABLISHMENT OF BRANCHES AND 
MERGERS OF TRUST COMPANIES. 

Whereas, Unusual and extraordinary circumstances caused ^^^^1°'^^ 
by the existing war emergency make it desirable that trust 
companies be permitted in certain instances to establish 
branch offices, or to merge and continue offices of the merg- 
ing banks as branch offices, and in order that the public 
interest and necessity may better be served, this act is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the pubfic convenience. 

Be it enacted, etc., as follows: 

Section 1. Sections forty-five and forty-six of chapter g. l. (Ter. 
one hundred and seventy-two of the General Laws, as most ^ndkeHtl^ * 
recently amended by sections three and four, respectively, I'^Ptfolf 0/°"^ 
of chapter two hundred and forty-four of the acts of nine- war, etc. 



202 



Acts, 1943. — Chaps. 193, 194. 



Maintenance 
of branch 
offices 
regulated. 



Same 
subject. 



Acquisition 
of branch 
offices by 
purchase of 
assets, etc. 



teen hundred and thirty-nine, are hereby suspended for the 
duration of the existing state of war between the United 
States and certain foreign countries, and for two years 
thereafter. 

Section 2. During the period of such suspension, no 
trust company shall maintain a branch office except as pro- 
vided in this act or in section forty-seven of said chapter 
one hundred and seventy-two of the General Laws, but 
nothing herein shall affect the maintenance of branch offices 
lawfully estabhshed prior to the effective date hereof. 

Section 3. During said period, any trust company may, 
with the approval of the board of bank incorporation, es- 
tablish and operate one or more branch offices in the town 
where its main office is located, or in any other town within 
the same county having no commercial banking facilities 
or having facilities which, in the opinion of said board, are 
inadequate for the public convenience. 

Section 4. During said period, any office or offices of a 
trust company the business of which has been taken over 
under section forty-four or section forty-four A of said chap- 
ter one hundred and seventy-two of the General Laws 
by a trust company whose main office is located in the same 
county, or any office or offices of a national banking associ- 
ation the whole or a substantial part of the assets of which 
has been purchased or otherwise acquired by a trust com- 
pany so located, may, with the approval of the commissioner 
of banks, be maintained as a branch office or offices of such 
corporation. Approved April 20, 1943. 



Chap.l9S An Act making permanent certain emergency provi- 
sions RELATIVE TO RESERVE FUNDS OF TRUST COMPA- 
NIES. 

Be it enacted, etc., as follows: 

Section seventy-five of chapter one hundred and seventy- 
two of the General Laws, as amended by section twenty- 
nine of chapter three hundred and forty-nine of the acts of 
nineteen hundred and thirty-four, is hereby further amended 
by striking out the last sentence and inserting in place 
thereof the following sentence : — Notwithstanding the pro- 
visions of this section and of sections seventy-three and 
seventy-four, the commissioner may by regulation increase 
or decrease from time to time, in his discretion, the reserve 
balances required to be maintained against either demand 
or time deposits. Approved April 20, 1943. 



G. L. (Ter. 
Ed.), 172, § 75. 
etc., amended. 



Reserve bal- 
ances against 
demand or 
time deposits. 



Ch(ip.l94: An Act extending the benefits of veterans' prefer- 
ence, so called, under the civil service laws. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter thirty-one of the General 
Laws, as most recently amended by section twenty-eight 
of chapter two hundred and thirty-eight of the acts of nine- 



G. L. (Ter. 
Ed), 31, § 21, 
etc., amended. 



Acts, 1943. — Chap. 194. 203 

teen hundred and thirty-nine, is hereby further amended 
by inserting after the word "decoration" in the seventeenth 
hne, as appearing in chapter one hundred and thirty-seven 
of the acts of nineteen hundred and thirty-three, the words: 
— , or (3) any person who has served in time of war or 
insurrection in any corps or unit of the United States estab- 
lished for the purpose of enabhng women to serve with, 
or as auxihary to, the armed forces of the United States, 
and whose last discharge or release from active duty in such 
corps or unit was an honorable one, regardless of any prior 
discharge or release therefrom, — so as to read as follows : — 
Section 21: The word "veteran", as used in this chapter. Veterans* 
shall mean (1) any person who has served in the army, under^dvii 
navy or marine corps of the United States in time of war or service law. 
insurrection and whose last discharge or release from active j^^*^j*°" 
duty therein was an honorable one, regardless of any prior 
discharge or release therefrom, or (2) any person who has 
distinguished himself by gallant or heroic conduct while 
serving in the army, navy or marine corps of the United 
States and has received a decoration designated as the con- 
gressional medal of honor from the president of the United 
States or the secretary of war, or from a person designated 
by the president or the said secretary to act as the personal 
representative of the president or said secretary for the 
presentation of such decoration, and is recorded in the files 
of the war department or the navy department of the United 
States as having received such decoration, or (3) any person 
who has served in time of war or insurrection in any corps 
or unit of the United States established for the purpose of 
enabling women to serve with, or as auxihary to, the armed 
forces of the United States, and whose last discharge or 
release from active duty in such corps or unit was an honor- 
able one, regardless of any prior discharge or release there- 
from; provided, that the person claiming to be a veteran 
under this section was a citizen of the commonwealth at the 
time of his induction into such service or has resided in the 
commonwealth for five consecutive years next prior to 
the date of filing application with the director under this 
chapter; and provided, further, that any such person who at 
the time of entering said service had declared his intention to 
become a subject or citizen of the United States and with- 
drew such intention under the provisions of the act of con- 
gress approved July ninth, nineteen hundred and eighteen, 
and any person designated as a conscientious objector upon 
his discharge, shall not be deemed a "veteran" within the 
meaning of this chapter. Approved April 20, 19 A3. 



204 



Acts, 1943. — Chaps. 195, 196. 



Chap. 195 A.N Act temporarily authorizing the city of brockton 

TO MAINTAIN CERTAIN ABANDONED SCHOOL PROPERTY AS 
A MILITARY AND NAVAL SERVICE CENTER IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby authorized 
to maintain as a mihtary and naval service center, during the 
existence of the present war and for six months after the termi- 
nation thereof, the so-called Center School property located 
on White avenue in said city. Such service center shall be 
under the control of a board of five trustees who shall be 
appointed by the mayor of said city. 

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

Approved April 22, 194-3. 



Chap. 196 An Act relative to the naming of third persons in 

divorce proceedings. 



G. L. (Ter. 
Ed.), 208, §§ 9, 
10 and 11, 
amended. 

Co-respondent, 
etc., may 
contest. 



Co-respondent 
not to be 
named, 
except, etc. 



Evidence 
not to be 
reported. 



Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eight of the Gen- 
eral Laws is hereby amended by striking out sections nine, 
ten and eleven, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following sections : — Sec- 
tion 9. A person named as co-respondent in an amended 
libel, cross libel or answer, or any person whose name has 
been inserted in the pleadings by amendment in accordance 
with section ten, may appear and contest the charge of adul- 
tery or defend himself against any other allegations therein 
made against him. 

Section 10. In a libel or cross libel for divorce, in an 
answer thereto or in a bill of particulars or specifications 
filed in a divorce case, if any specific criminal act with a 
third person is alleged therein, or if any allegations are 
made therein which would be derogatory to the character 
or reputation of a third person if named therein, the plead- 
ings shall not contain the name of such third person. The 
party making such allegations may at any time after filing 
the pleadings or other papers containing the same, upon an 
ex parte hearing before a justice or judge of the court in 
which the proceedings are pending, obtain permission to 
amend such pleadings or other papers by inserting the name 
of the person concerning whom the allegations are made, if 
the justice or judge finds probable cause has been shown 
that such allegations are true, and thereupon the pleadings 
or other papers may be amended accordingly and notice of 
said amendment shall be sent to all parties interested. 

Section 1 1 . The evidence produced at such ex parte hear- 
ing shall not be reported or made a part of the record in 
the case and the motion for said amendment shall not be 
read in open court during the proceedings, but the clerk of 
the court or the register of probate shall make an entry in 



Acts, 1943. — Chaps. 197, 198. 205 

the docket of "Motion to insert name of third person al- 
lowed", or "Motion to insert name of third person denied", 
as the case may be. If the amendment is allowed upon 
affidavits, they shall be retained in the court and placed in 
the custody of the clerk or register, and shall be open for 
the purposes of inspection, and taking copies thereof, to 
counsel of record, the parties or the third person named in 
the amendment. 

Section 2. This act shall take effect on September first Effective date. 
in the current year. Approved April 22, 191^3. 



An Act relative to the membership of the board Chap.197 
OF trustees of the public hospital in the city of 

PEABODY. 

Be it enacted, etc., as follows: 

Section 1. The board of trustees of the public hospital 
in the city of Peabody, established and maintained under 
authority of chapter two hundred and forty-one of the 
acts of nineteen hundred and thirty-one, shall consist of the 
mayor of said city, who shall be chairman, and four persons 
who shall be appointed by the mayor, subject to confirma- 
tion by the city council. 

Section 2. In the initial appointments of the appointive 
members of said board, one shall be appointed to serve for 
four years, one to serve for three years, one to serve for two 
years and one to serve for one year. Thereafter, as the 
term of an appointive member expires his successor sh^ll be 
appointed to serve for four years. Whenever any vacancy 
shall occur in the number of appointive members by death, 
resignation or otherwise, such vacancy shall be filled in the 
manner aforesaid for the remainder of the unexpired term. 

Section 3. This act shall be submitted for acceptance 
to the registered voters of the city of Peabody at a special 
city election, which shall be held in said city during the 
current year, in the form of the following question which 
shall be placed upon the official ballot to be used at said 
election: "Shall an act of the general court passed in the 
year nineteen hundred and forty-three, entitled 'An Act rel- 
ative to the Membership of the Board of Trustees of the 
Pubhc Hospital in the City of Peabody', 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 22, 194S. 

An Act authorizing the city of beverly to compensate Chav.l9S 
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 tenfis hereby 
amended by striking out the second sentence and inserting 
in place thereof the following sentence: — Its',members shall 



206 Acts, 1943. — Chap. 199. 

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 exceed- 
ing three hundred dollars per annum for each member, — 
so as to read as follows: — Section 13. The board of alder- 
men shall, so far as is consistent with this act, have and 
exercise all the legislative power of towns and of the inhabit- 
ants 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 liabilities of city councils 
and of either branch thereof, and it may by ordinance pre- 
scribe 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 an- 
num for each member. Sessions of the board whether as a 
board of aldermen or as a committee of the whole shall be 
open to the public, and a journal of its proceedings shall be 
kept, which journal shall be subject to public inspection. 
The vote of the board upon any question shall be taken by 
roll call when the same is requested by at least three mem- 
bers. Nothing herein shall prevent the board, by special 
vote, from holding private sittings for the consideration of 
nominations by the mayor. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Beverly at the next 
biennial city election in the form of the following question 
which shall be placed upon the official ballot to be used at 
said election: — "Shall an act passed by the general court 
in the year nineteen hundred and forty-three, entitled 'An 
act authorizing the city of Beverly to compensate the mem- 
bers 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 in the year nineteen 
hundred and forty-five, otherwise it shall have no effect. 

Approved April 22, 1943. 



Chap.199 An Act relative to withholding payment of money 

PAYABLE TO PERSONS OWING TAXES, ASSESSMENTS, RATES 
OR OTHER MUNICIPAL CHARGES. 

Be it enacted, etc., as follows: 

Ed V' 60 ^5" 93 Chapter sixty of the General Laws is hereby amended by 
amended. ' Striking out scction ninety-three, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the follow- 
Money pay- ing sectiou : — Section 93. The treasurer or other disburs- 
or'townto^ ing officcr of any town may, and if so requested by the 
person owing collcctor shaU, withhold payment of any money payable to 
withhefd. etc. any persou from whom there are then due taxes, assessments, 
rates or other charges committed to such collector, which 



Acts, 1943. — Chap. 200. 207 

are wholly or partly unpaid, whether or not secured by a 
tax title held by the town, . to an amount not exceeding 
the total of the unpaid taxes, assessments, rates and other 
charges, with interest and costs. The sum withheld shall 
be paid or credited to the collector, who shall, if required, 
give a written receipt therefor. The person taxed or charged 
may in such case have the same remedy as if he had paid 
such taxes, assessments, rates or other charges after a levy 
upon his goods. The collector's rights under this section shall 
not be affected by any assignment or trustee process. 

Approved April 22, 194S. 



An Act extending the time for completing certain Chap. 200 

IMPROVEMENTS AND CONSTRUCTION ON PARK LAND IN THE 
CITY OF BOSTON KNOWN AS THE CHARLESBANK, TO BE 
PAID FOR OUT OF THE GEORGE ROBERT WHITE FUND. 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and eighty-five of the 
acts of nineteen hundred and forty-one is hereby amended 
by striking out, in the twenty-first line, the word "two" 
and inserting in place thereof the word : — four, — so as to 
read 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 Long- 
fellow bridge, the Charles river basin, the Charles river dam, 
and Charles street, and known as the Charlesbank, as said 
park department and said trustees shall agree upon, for 
the purposes of improving the bathing beach now located 
at said Charlesbank and of constructing on said park land 
A recreation center, including facilities for indoor and out- 
door exercise, rest and recreation throughout the year, said 
improvement and said construction to be in accordance 
with plans approved by said park department; upon the 
express condition, however, that, upon the completion of 
said improvement and of said construction, the care, cus- 
tody and control of said land, together with all erections 
thereon, shall revert without further act to said park de- 
partment, to be held by said park department in further- 
ance of the provisions of the will of said George Robert 
White. Said transfer shall also be upon the further express 
condition that if, within four 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. 

Approved April 22, 194S. 



208 



Acts, 1943. — Chaps. 201, 202. 



G. L. (Ter. 
Ed.). 203, § 13, 
amended. 



Resignation 
of trustee. 



G. L. (Ter. 
Ed.), 204, new 
§ 37, added. 



Resignation 
by guardian 
on behalf of 
ward, etc. 



Chap.201 An Act authorizing the resignation of fiduciaries 

BY THEIR GUARDIANS, CONSERVATORS OR COMMITTEES, OR 
other LIKE OFFICERS, ACTING ON THEIR BEHALF. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and three of the Gen- 
eral Laws is hereby amended by striking out section thir- 
teen, as appearing in the Tercentenary Edition, and inserting 
in place thereof the following section: — Section 13. A trus- 
tee may resign his trust if the court authorized to appoint 
the trustee finds it proper to allow such resignation. 

Section 2. Chapter two hundred and four of the Gen- 
eral Laws is hereby amended by adding after section thirty- 
six, added by chapter one hundred and fifty- two of the acts 
of the current year, the following section : — Section 37. If 
an executor, administrator, guardian, conservator, trustee, 
receiver, commissioner, or other fiduciary officer, appointed 
by any court is the ward of a guardian, conservator or com- 
mittee, or other like officer, appointed by any court in this 
commonwealth, or by any court at the place of his domicile, 
to have charge of his property or his person, such guardian, 
conservator or committee, or other like officer, may, on 
behalf of the ward, resign the trust or other office held by 
the ward if the court which appointed the ward finds it 
proper to allow such resignation, and the court may accept 
such resignation without notice to the ward. In the case of 
a fiduciary under a written instrument who was not ap- 
pointed by a court, his guardian, conservator or commit- 
tee, if one has been appointed, may, on behalf of the ward, 
resign with the approval in writing of the persons author- 
ized by the instrument to appoint a new trustee in case of 
a vacancy if the instrument contains such a provision, 
and, if not, then with the approval of a court having juris- 
diction to appoint a new trustee in case of vacancy. 

Section 3. This act shall take effect on September first 
in the current year. Approved April 22, 1943. 



Effective date. 



Chap. 202 An Act authorizing the city of woburn to make tem- 
porary INCREASES OF THE SALARIES AND WAGES OF CER- 
TAIN officers AND EMPLOY'EES OF SAID CITY'. 

Be it enacted, etc., as follows: 

Section L The city council of the city of Woburn, with 
the approval of the mayor, may annually, during the con- 
tinuance of the existing state of war between the United 
States of America and any foreign country, vote temporary 
increases in the salaries and wages of officials and employees 
of said city whose salaries or wages have been fixed by ordi- 
nance; provided, that such temporary increases shall be 
effective for a period of not more than one year following 
such vote and approval; and provided, further, that an 



Acts, 1943. — Chap. 203. 209 

appropriation has been made to cover the same prior to the 
fixing of the tax rate for the then current municipal year. 
Section 2. This act shall take effect upon its passage. 

Approved April 26, 1943. 



An Act relative to sidewalk assessments in the city (Jhav 203 
OF boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and thirty-seven of 
the acts of eighteen hundred and ninety-three is hereby 
amended by striking out section one, as most recently 
amended by section one of chapter one hundred and ninety- 
six of the Special Acts of nineteen hundred and seventeen, 
and inserting in place thereof the following section : — Sec- 
tion 1. The city council of the city of Boston, with the ap- 
proval of the mayor, may order the grading and construc- 
tion of sidewalks, or the completion of any partly constructed 
sidewalk in any street of said city, as public convenience may 
require, with or without edgestones as the council shall deem 
expedient, and may order that the same be covered with 
brick, stone, concrete, artificial stone, gravel or other appro- 
priate material. Within six months after the completion of 
such sidewalk, provided that entry for the purpose of con- 
structing, grading or completing the sidewalk shall be made 
within two years after the date of the approval by the mayor 
of the order therefor, the board of street commissioners of 
said city shall assess upon each abutter on such sidewalk a 
just proportion, not exceeding one half, of the expense of 
the sidewalk. All assessments so made shall constitute a 
lien upon the abutting land from and after the date of entry 
to construct, grade or complete the sidewalk under order of 
the city council, but no lien or incumbrance shall be created 
by the passage of the order by the city council. The pro- 
visions of chapter eighty of the General Laws, and acts in 
amendment or revision thereof, relative to the apportion- 
ment, division, reassessment, abatement and collection of 
assessments, and to interest, shall apply to assessments made 
hereunder. The said sidewalks when constructed with edge- 
stones and covered with brick, stone, concrete or artificial 
stone shall afterward be maintained at the expense of the 
city. When any such sidewalk shall permanently be con- 
structed with edgestones and covered with brick, stone, con- 
crete or artificial stone as aforesaid, there shall be deducted 
from the assessment therefor any sum previously assessed 
upon the abutting premises and paid to the city for the 
expense of the construction of the same in any other man- 
ner than with edgestones and brick, stone, concrete or arti- 
ficial stone as aforesaid, and such deduction shall be made 
pro rata, and in just proportions, from the assessments upon 
different abutters who are owners of the land in respect to 
which such former assessment was paid. 



210 Acts, 1943. — Chap. 204. 

Section 2. If at any time the commissioner of corpora- 
tions and taxation of the commonwealth is of the opinion 
that the whole or any part of an assessment made under 
section one of chapter four hundred and thirty-seven of the 
acts of eighteen hundred and ninety-three, or acts in addi- 
tion thereto or in amendment thereof, should be abated, he 
may in writing authorize such assessment or part thereof, 
provided that it remains unpaid, to be abated by the board 
of street commissioners of the city of Boston, which board 
may thereupon abate such assessment or part thereof, as the 
case may be. 

Section 3. The board of street commissioners may, 
within six months after the date when this act takes full 
effect, make assessments for sidewalks completed prior to 
such effective date if assessments were not made therefor 
before such effective date. 

Section 4, 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 Boston, but not otherwise. 

Approved April 26, 1943. 



Chap. 204: An Act relative to retirement allowances for police- 
men AND FIREMEN RETIRED FOR ACCIDENTAL DISABILITY 
UNDER THE BOSTON RETIREMENT ACT, SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. Clause (c) of section fourteen of chapter 
five hundred and twenty-one of the acts of nineteen hundred 
and twenty-two is hereby amended by adding at the end 
the following : — ; provided, that if the employee was a 
member of the fire fighting force of the fire department or a 
patrolman in the police department, the amount of such 
additional pension shall, together with the annuity and 
pension, be equal to three fourths of the highest annual 
compensation payable to such employees holding positions 
in the same grade and classification occupied by him at 
the time of the accident, — so as to read as follows : — 

(c) An additional pension of such an amount as will, 
together with the annuity and pension, be equal to three 
fourths of the annual compensation received by him durmg 
the year immediately preceding the date of the accident; 
provided, that if the employee was a member of the fire 
fighting force of the fire department or a patrolman in the 
police department, the amount of such additional pension 
shall, together with the annuity and pension, be equal to 
three fourths of the highest annual compensation payable 
to such employees holding positions in the same grade and 
classification occupied by him at the time of the accident. 

Section 2. This act shall apply to the retirement allow- 
ances of firemen and policemen retired for accidental dis- 
ability under the provisions of said chapter five hundred 
and twenty-one, as amended, prior to the effective date of 



Acts, 1943. — Chaps. 205, 206. 211 

this act as well as to those retired therefor after said effective 
date. 

Section 3. 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, but not otherwise. 

Approved April 26, 1943. 

An Act relative to the number, qualifications and (Jfiav 205 

ELECTION OF THE MEMBERS AND OFFICERS OF THE TRUSTEES 
OF THE METHODIST RELIGIOUS SOCIETY IN BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of the Methodist Religious 
Society in Boston, a corporation incorporated by chapter 
seventy of the acts of eighteen hundred and eight, passed 
March third, eighteen hundred and nine, shall, in the manner 
provided by the discipline and usages of the Methodist 
Church as from time to time in full force and effect, deter- 
mine the number and qualifications of its members, the 
number thereof necessary for a quorum, the method of 
electing its members and officers and of filling vacancies in 
their number and the terms of office of its members and 
officers. 

Section 2. So much of said chapter seventy, and of any 
act in amendment or in addition thereto, as is inconsistent 
with the provisions of this act is hereby repealed. 

Section 3. This act shall take full effect upon its ac- 
ceptance by vote of the members of said corppration 
entitled to vote, and the filing with the state secretary of 
a certified copy of said vote, but not otherwise. 

Approved April 26, 1943. 

An Act authorizing Patrick j. boyle, an employee of Chap. 206 

THE city of LAWRENCE, TO BECOME A MEMBER OF THE 
contributory RETIREMENT SYSTEM OF SAID CITY, AND 
MAKING HIM ELIGIBLE FOR CERTAIN RETIREMENT BENE- 
FITS THEREUNDER. 

Be it enacted, etc., as follows: 

Section 1. Patrick J. Boyle, employed as a laborer by 
the city of Lawrence since May, nineteen hundred and five, 
except from March, nineteen hundred and sixteen to June, 
nineteen hundred and seventeen and from March, nineteen 
hundred and thirty-six to April, nineteen hundred and thirty- 
nine, may become a member of the contributory retirement 
system of said city, notwithstanding any provision of law 
governing said retirement system that makes him ineligible 
for membership therein. Upon becoming such member, he 
shall be entitled to all the rights and privileges of members 
of said system which he would have enjoyed if he had be- 
come a member of the system on April tenth, nineteen hun- 
dred and thirty-nine, the date of his last re-entry into the 



212 



Acts, 1943. — Chap. 207. 



service of said city; provided, that he first deposits in the 
annuity fund of said system such amount as the board of 
retirement under said system may determine in order to 
estabhsh an account for him in said annuity fund in an 
amount equal to that which it would be if he had been a 
member of said system since said April tenth, nineteen 
hundred and thirty-nine. 

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 April 26, 1943. 



G. L. (Ter. 
Ed.), 175. new 
§ 66A, added. 



Life com- 
panies may 
invest in 
housing 
projects, etc. 



Chap. 201 An Act authorizing domestic life insurance compa- 
nies TO PURCHASE AND HOLD AND TO IMPROVE REAL 
ESTATE BY CONSTRUCTING LOW RENTAL HOUSING PROJ- 
ECTS THEREON, AND TO OPERATE AND MAINTAIN SUCH 
PROJECTS. 

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 sixty-six, as appearing in the Tercentenary Edition, 
the following section: — Section 66 A. Any domestic fife 
company, with the prior written approval of the commis- 
sioner, may purchase and hold without any limitation of 
time land in any city, town or other municipality, having 
a population according to the last preceding federal census 
of not less than one hundred thousand persons, in any state 
of the United States in which it is authorized to transact 
business, and on such land, or on any other land owned by 
it in such city, town or municipality, may erect and there- 
after hold, as aforesaid, and maintain, repair, alter, demol- 
ish, reconstruct, manage or sell, convey or mortgage, in 
whole or in part, apartment or tenement buildings designed 
for occupancy by more than fifty families or any other 
dwelling houses or buildings, not including hotels, but in- 
cluding such buildings or accommodations for retail stores, 
shops, offices and other community services as the company 
may deem proper and suitable for the convenience of the 
tenants and occupants of such buildings or houses, and may 
collect and receive rent or income from any such buildings 
or houses. No land shall be purchased or improved under 
this section if the cost of such land, or the cost of the im- 
provements thereon, or both, as the case may be, plus the 
total amount of real estate then held by the company, ex- 
ceeds twenty per centum of its invested assets including 
cash in banks. 

Section 2. Section sixty-four of said chapter one hun- 
dred and seventy-five, as most recently amended by chap- 
ter five hundred and forty-eight of the acts of nineteen hun- 
dred and forty-one, is hereby further amended by striking 
out the third paragraph, as appearing in the Tercentenary 



G. L. (Ter. 
Ed.), 175, § 64, 
etc., amended. 



Acts, 1943. — Chap. 207. 213 

Edition, and inserting in place thereof the following para- 
graph : — 

No domestic company hereafter acquiring title to real ^g^^giJ^^g^f^g 
estate under the conditions of any mortgage owned by it, and loans. 
or by purchase or set-off on execution upon judgment for 
debts due it previously contracted in the course of its busi- 
ness, or by other process in settlement for debts, shall hold 
it, except as provided in section sixty-six A, for a longer 
period than five years without the written permission of 
the commissioner. Except as authorized by section sixty- 
six A, no such company shall invest in real estate except to 
the extent that may be necessary for its convenient accom- 
modation in the transaction of its business but not to ex- 
ceed ten per centum of its invested assets, including cash 
in banks, as shown by its last annual statement to the 
commissioner. 

Section 3. Section eleven of said chapter one hundred Edw^Ts^^jii 
and seventy-five is hereby amended by striking out the first etc., 'amended.' 
paragraph, as most recently amended by section one of 
chapter ninety-two of the acts of nineteen hundred and 
thirty-four, and inserting in place thereof the following para- 
graph : — Beside the reserve provided for in sections nine Computation 
and ten he shall, except as provided in section twelve, ilibmues*"^ 
charge to each company as a liability all unpaid losses and 
claims for losses, and all other debts and liabilities, including 
in the case of a stock company its capital stock and including, ' 

in the case of a mutual company with a guaranty capital 
or guaranty fund, such guaranty capital or guaranty fund. 
He shall allow to the credit of a company in the account of 
its financial condition only such assets as are available for 
the payment of losses in this commonwealth, including all 
assets deposited with officers of other states or countries for 
the security of the policyholders of such company; but no 
holding or parcel of real estate described in section sixty-six 
A shall be allowed as an asset unless the average net rental 
value of the apartment, tenement or other dwelling house 
erected thereon, as estimated at the commencement of its 
construction, is sixteen dollars or less per room per month; 
and no holding or parcel of real estate shall be given a higher 
value than would be adequate to yield at three per cent 
annual interest the average amount of its net rental for three 
years next preceding, except that if a company shows to his 
satisfaction that the actual value of any of its real estate is 
greater than the value so ascertained, then the actual value 
of the said real estate as determined by the commissioner 
shall be allowed. The commissioner may, in his discretion, 
require any company to furnish such information as may be 
needed to substantiate the values above prescribed. 

Section 4. This act shall not take effect until the ter- Effective date. 
mination of the existing states of war between the United 
States and certain foreign countries. 

Approved April 26, 194S. 



214 



Acts, 1943. — Chaps. 208, 209. 



Chap. 208 An Act further regulating investment of capital, 

SURPLUS, certificate FUNDS AND INCOME OF BANKING 
COMPANIES. 

Be it enacted, etc., as follows: 

Section seven of chapter one hundred and seventy-two A 
of the General Laws, as appearing in section four of chapter 
four hundred and fifty-two of the acts of nineteen hundred 
and thirty-five, is hereby amended by striking out clause 
Second and inserting in place thereof the following clause : — 

Second. In any securities authorized as investments for 
savings banks by clauses Second to Seventh, inclusive, of 
section fifty-four of chapter one hundred and sixty-eight; 
provided, that not more than twenty per cent of its certifi- 
cate funds shall be invested by any such corporation in the 
classes of securities referred to in sub-divisions (c) to (i), 
inclusive, of said clause Second and in said clauses Third to 
Seventh, inclusive, of said section fifty-four. 

Approved April 26, 1943. 



G. L. (Ter. 
Ed.), 172A, § 7, 
etc., amended. 



Investment 
of funds, etc., 
regulated. 



G. L. (Ter. 
Ed.), 54, § 5, 
amended. 



Map or de- 
scription of 
new precincts 
to be pub- 
lished and 
posted, etc. 



Chap. 209 An Act relative to the posting or mailing of maps or 

DESCRIPTIONS OF NEW VOTING PRECINCTS IN CITIES AND 
certain TOWNS AND OF PRINTED DESCRIPTIONS OF POLLING 
PLACES THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-four of the General Laws is 
hereby amended by striking out section five, as appearing in 
the Tercentenary Edition, and inserting in place thereof 
the following section: — Section 5. When a ward has been 
divided into new voting precincts, or the voting precincts 
thereof have been changed, the aldermen shall forthwith 
cause a map or description of the division to be published, in 
which the new precincts shall be designated by numbers or 
letters and shall be defined clearly and, so far as possible, by 
known boundaries; and they shall cause copies thereof to 
be furnished to the registrars of voters, to the assessors, and 
to the election officers of each precinct so established. The 
aldermen shall cause copies thereof to be posted in such pub- 
lic places in each precinct of a ward so divided as they may 
determine or shall give notice by mail to each registered voter 
affected by such change of voting precinct. 

Section 2. Section twenty-four of said chapter fifty-four, 
as so appearing, is hereby amended by striking out the last 
sentence and inserting in place thereof the two following sen- 
tences : — When the polling places have been designated in 
the city of Boston, the board of election commissioners of 
said city may post in such places as it may determine a 
printed description of the poHing places designated and may 
give further notice thereof ; and when the polling places have 
been designated in any other city or in any town, the alder- 



G. L. (Ter. 
Ed.), 54, § 24, 
amended. 



Polling places, 
designation of, 
notice, etc. 



Acts, 1943. — Chap. 210. 215 

men of such city in at least five public places in each precinct 
thereof, and the selectmen of such town in at least three 
public places in each precinct thereof, shall forthwith post a 
printed description of the polling places designated and may- 
give further notice thereof. When a polling place in a voting 
precinct is changed from one location to another, the board of 
election commissioners in the city of Boston, the aldermen in 
any other city or the selectmen in any town shall cause 
printed descriptions of such polling place to be posted in such 
public places in such precinct as they determine or shall give 
notice by mail to each registered voter therein. 

Approved April 26, 1943. 



An Act relative to payments to the general insurance Cfiap. 210 

GUARANTY FUND. 

Be it enacted, etc., as follows: 

Section 1. Section eighteen of chapter one hundred and g^i-- (^er.^ ^^ 
seventy-eight of the General Laws, as appearing in the Ter- ameAded." 
centenary Edition, is hereby amended by striking out, in 
the twelfth, thirteenth and fourteenth lines, the words 
", with interest compounded semi-annually at the rate of 
five per cent per annum out of the surplus funds of said in- 
surance department as soon and so far as an adequate sur- 
plus exists" and inserting in place thereof the words: — out 
of the surplus funds of its insurance department, at such 
times and in such amounts and with such interest, not ex- 
ceeding five per cent per annum compounded semi-annu- 
ally, as the General Insurance Guaranty Fund shall direct, 
— so as to read as follows: — Section 18. Every savings Payment of 
and insurance bank shall, on the third Wednesday of each premium!'' ° 
month, pay to the General Insurance Guaranty Fund an j^g^^^^p^^ 
amount equal to four per cent of all amounts paid to it as Guaranty 
premiums on policies or in the purchase of annuities during guaranty- 
the preceding month. Said sums shall be held as a guaranty Disposition, 
for all obligations on policies or annuity contracts of the in- 
surance departments of all savings and insurance banks; 
and so much thereof shall be paid over to any bank, to be 
applied in the payment of losses or satisfaction of other 
obligations on said policies or annuity contracts, as may be 
required to prevent or to make good an impairment of its 
insurance reserve. Any amount so paid to any bank shall 
be charged to its account, and be repaid out of the surplus 
funds of its insurance department, at such times and in such 
amounts and with such interest, not exceeding five per cent 
per annum compounded semi-annually, as the General In- 
surance Guaranty Fund shall direct. The amounts so ad- 
vanced by the General Insurance Guaranty Fund to any 
bank shall be repaid only as above provided, and shall not 
be deemed a liability in determining the solvency of its 
insurance department. 



216 Acts, 1943. —Chap. 211. 

Ed^'iTs^'new SECTION 2. Said chapter one hundred and seventy-eight 
§ ISA, added, is hereby further amended by inserting after section eight- 
Limitation on een, as so appearing, the following section: — Section 18 A. 
G^enTrl"** *° Evcry saviugs and insurance bank shall upon request by 
Guaranty ^^^ General Insurance Guaranty Fund, pay to it forthwith 

Fund. such sums as may be so requested, provided that the sums 

so requested to be paid hereunder to the General Insurance 
Guaranty Fund by any savings and insurance bank shall 
not exceed, in the aggregate, six per cent of all amounts 
paid to it as premiums on insurance policies during the 
fiscal year next preceding the latest request made as afore- 
said. The sums so paid to the General Insurance Guaranty 
Fund shall be held by it as a guaranty for all obligations on 
policies or annuity contracts of the insurance departments of 
all savings and insurance banks and be paid out by it in 
accordance with the provisions of section eighteen. Pay- 
ments under this section shall be in addition to payments 
under said section eighteen. Approved April 26, 194.3. 



Chap.211 An Act relative to war allowances, state and mili- 
tary AID AND soldiers' RELIEF FOR CERTAIN RESIDENTS 
OF THE COMMONWEALTH WHO ARE IN THE MILITARY OR 
NAVAL SERVICE OF THE UNITED STATES, OR HAVE 
BEEN HONORABLY DISCHARGED THEREFROM, AND THEIR 
DEPENDENTS. 

Emergency Wliereos, The deferred operation of this act would tend 

to defeat its purpose, which is to provide immediate financial 
assistance to certain soldiers, sailors and marines who are 
in the service of the United States, or have been honorably 
discharged therefrom, and to their dependent relatives, 
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 eleven of the acts of 
nineteen hundred and forty-two is hereby amended by 
inserting after the word "service" in the sixteenth and in 
the twenty-ninth lines, in each instance, the words : — to 
the credit of the commonwealth, — and by inserting after 
the word "sister" in the twenty-second line the words: — 
under eighteen years of age, — so as to read as follows: — 
Section 1. Any city or town, acting by the officers au- 
thorized 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 military 
or naval service of the United States during said state of 
war which, for the purposes of this act, shall be deemed 



Acts, 1943. — Chap. 211. 217 

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 
expiration of a prior enlistment, at the time of his entry 
into or recall to or continuance in said service to the credit 
of the commonwealth, 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 receive such aid shall 
be the wife, children under eighteen years of age, or any child 
dependent by reason of physical or mental incapacity, or a 
brother or sister under eighteen years of age, 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 to the credit of the commonwealth. The 
allowance authorized by this section shall cease on the ter- 
mination of the service by death or discharge. 

Section 2. Said chapter eleven is hereby further 
amended by striking out section two and inserting in place 
thereof the following section : — 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 discharged from said service, 
shall be eligible to receive state or military aid and soldiers' 
relief under the provisions of said chapter one hundred and 
fifteen relating to world war service, so far as applicable. 
If any such person shall die in said service during said state 
of war, or shall die after an honorable discharge from said 
service, a needy parent, his mother, if a widow, his widow 
and his children, up to the age of eighteen, or any child 
dependent by reason of physical or mental incapacity, 
provided that the children were in being prior to his dis- 
charge, 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 said soldier or sailor entered said service or was 
recalled thereto or was continued therein after the expira- 
tion of a prior enlistment, for five years prior to his entry 
into, recall to or continuance in said service to the credit of 
.the commonwealth, shall be entitled to the benefit of state 
aid and soldiers' relief in accordance with the provisions 
of said chapter one hundred and fifteen relating to world 
war service, so far as applicable. 

Approved April 28, 194S. 



218 Acts, 1943. — Chaps. 212, 213, 214. 



Chap. 212 An Act relative to the use of silvershell beach, so 

CALLED, BY THE TOWN OF MARION. 

Be it enacted, etc., as folloivs: 

The town of Marion is hereby authorized to discontinue 
the use of Silvershell beach, so called, as a public bathing 
beach, and thereafter to use said beach for such municipal 
purposes as it may from time to time determine, and said 
town may restrict the use of the same to its inhabitants and 
its seasonal and temporary residents, and may adopt by- 
laws, not repugnant to law, relative to the use, care, regula- 
tion and control of the same for such purposes. 

Approved April 28, 1943. 

C hap. 21S An Act providing for the investment of certain funds 

OF THE COMMONWEALTH IN THE CURRENT ISSUE OF UNITED 
STATES WAR BONDS, COMMONLY CALLED THE SECOND WAR 
LOAN BONDS. 

^reambiT^ TFAerms, The investment of certain funds of the com- 

monwealth in the current issue of United States war bonds 
authorized by this act cannot be made unless its provisions 
become effective at once, therefore this act is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The state treasurer may invest in the cur- 
rent issue of United States war bonds, commonly called the 
Second War Loan Bonds, such amount of the cash in the 
treasury of the commonwealth, not exceeding six million 
dollars, as he may, with the approval of the governor, de- 
termine, and bonds so purchased shall be held in a separate 
fund in his custody. 

Section 2. Said state treasurer, in investing the funds 
of the state retirement system and of the teachers' retire- 
ment system under existing provisions of law, may purchase, 
at cost plus accrued interest, bonds held by him under sec- 
tion one, and bonds purchased under this section shall be 
transferred by him to the particular retirement system fund 
that was used for such purchases. The proceeds from sales 
of bonds made under this section shall be paid into the treas- 
ury of the commonwealth. Approved April 29, 1943. 



Chap. 214: An Act authorizing certain state, county and munici- 
pal OFFICERS, DURING THE EXISTING STATE OF WAR, TO 
exchange, LOAN OR SELL PUBLICLY OWNED PERSONAL 
PROPERTY FOR USE BY THE UNITED STATES GOVERNMENT 
IN THE PROSECUTION OF THE WAR. 

Emergency Whereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is in part to authorize certain 

state, county and municipal officers to take without delay 



Acts, 1943. — Chap. 215. 219 

in the existing state of war any action provided for therein, 
therefore, it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubhc safety 
and convenience. 

Be it enacted, etc., as follows: 

The state purchasing agent subject to the approval of the 
commission on administration and finance, the county com- 
missioners of a county, the mayor of a city subject to the 
approval of the city council, or the selectmen of a town 
may, during the existing state of war between the United 
States and any foreign country, exchange, or loan or sell for 
a fair consideration, personal property owned by the com- 
monwealth, county, city or town, as the case may be, to 
the federal government or to any person or corporation 
designated by any agency of the federal government, pro- 
vided that the federal government gives written assurance 
that the property is to be used by the United States in the 
prosecution of the war. Approved April 29, 19 43. 



An Act pertaining to the investments of deposits and Chap. 21 5 

THE income derived THEREFROM OF SAVINGS BANKS. 

Whereas, The provisions of this act impose upon the Emergency 
commissioner of banks certain duties which must be per- ^'^^^"^ 
formed not later than July first each year, and the deferred 
operation would prevent him from performing said duties 
in the current year, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-four of chapter one hundred ^'j^ {^l'^ 5^ 
and sixty-eight of the General Laws is hereby amended by etc'ameAded. ' 
striking out subdivisions (h), (^) and (J) of clause Second, 
as appearing in section one of chapter four hundred and 
thirteen of the acts of nineteen hundred and forty-one, and 
inserting in place thereof the two following subsections : — 

(h) In the legally issued or assumed bonds, notes, or investments 
other interest bearing obhgations of any city of any state forsavin^gs 
of the United States, other than Maine, New Hampshire, banks. 
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 inhabitants, as established in the manner pro- 
vided in subdivision (/), and whose net indebtedness does 
not exceed six per cent of the last preceding assessed valua- 
tion of the taxable real property therein; provided, that 
such obligations : — 

(1) Mature not later than fifteen years from the date of 
investment; or 

(2) Mature later than fifteen years, but not later than 



220 



Acts, 1943. — Chap. 215. 



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



Requirement 
for investment 
in railroad 
bonds. 



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



When obliga- 
tion deemed 
a first 
mortgage. 



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

Investment 
in obligations 
of railroads 
incorporated 
in other 
states, etc. 



forty years, from the date of investment and that the amount 
of the particular issue remaining unpaid is payable in serial 
installments annually in such manner that the amount of 
principal payable in any one year shall not be less than the 
amount of principal payable in any subsequent year; pro- 
vided, that in the case of a new issue no installment need 
mature prior to two years from the date of issue. 

(i) 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 more than one 
hundred thousand inhabitants, as established in the man- 
ner set forth in subdivision (/), and whose net indebtedness 
does not exceed eight per cent of the last preceding assessed 
valuation of the taxable real property therein; provided, that 
such obhgations : — 

(1) Mature not later than fifteen years from the date of 
investment; or 

(2) Mature later than fifteen years, but not later than 
forty years, from the date of investment, and that the 
amount of the particular issue remaining unpaid is payable 
in serial payments annually in such manner that the amount 
of principal payable in any one year shall not be less than 
the amount of principal payable in any subsequent year; 
provided, that in the case of a new issue no installment 
need mature prior to two years from the date of issue. 

Section 2. Said section fifty-four is hereby further 
amended by striking out subdivision (3) of clause Third, as 
so appearing, and inserting in place thereof the following 
subdivision : — 

(3) That in six of the seven 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. 

Section 3. Said section fifty-four is hereby further 
amended by striking out subdivision (d) of the last para- 
graph of clause Third, as so appearing, and inserting in 
place thereof the following subdivision : — 

(d) Obligations shall be deemed to be secured by first 
mortgage or first mortgage lien if they are secured by such 
a lien on not less than sixty-six and two thirds per cent 
of all the railroad on which they are a lien. 

Section 4. Said section fifty-four is hereby further 
amended by inserting after clause Third, as so appearing, 
the following clause : — 

Third A. In obligations of any railroad corporation in- 
corporated under the laws of the United States or of any 
state thereof, which is doing business principally within the 
United States; provided: — 



Acts, 1943. — Chap. 215. 221 

(1) That the railroad corporation which operates the rail- 
road or railroad equipment upon which such obligations are 
secured shall have been reorganized under the provisions of 
section seventy-seven of the federal bankruptcy act within 
six years prior to the date of investment, which reorganiza- 
tion shall have been finally consummated and made effective ; 

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

(3) That the railroad corporation, or its predecessor or 
predecessors if a new corporation has been formed, which 
operates the railroad or railroad equipment upon which 
such obligations are secured shall: 

(a) Have had at least four hundred million dollars gross 
railway operating revenues in the ten years preceding the 
date of investment ; 

(6) Have had net railway operating income, as shown in 
reports prescribed by the Interstate Commerce Commission, 
which in the year preceding the date of investment shall 
have been, and in the ten years preceding the date of in- 
vestment shall have averaged, an amount which is at least 
equal to twice the annual fixed charges, as hereafter defined, 
of such reorganized railroad corporation and which shall 
exceed such annual fixed charges by an amount equal to at 
least eight per cent of the gross railway operating revenues 
of the year immediately preceding the date of investment 
and of the average gross railway operating revenues of the 
ten years immediately preceding the date of investment; 

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

(5) That such obligations contain an unconditional 
promise to pay the interest thereon regularly and the prin- 
cipal at a specified date and that they are secured by : — 

(a) A first lien, lease, or conditional sale of railroad equip- 
ment in accordance with the provisions of subdivision (d) 
of paragraph (5) of clause Third ; or 

(h) A direct or collateral first mortgage lien on railroad 
owned and operated by a railroad corporation which meets 
the requirements of paragraphs (1), (2), (3) and (4) of this 
clause; or 

(c) The irrevocable pledge of bonds, notes or other evi- 
dences 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 at least equal to the principal amount of such obligations 
outstanding; or 

(d) A direct or collateral first mortgage lien on a railroad 



222 



Acts, 1943. — Chap. 215. 



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



Investment 
in railroad 
bonds 
regulated. 



owned by a corporation which leases said railroad to a rail- 
road corporation which meets the requirements of paragraphs 
(1), (2), (3) and (4) of this clause, under a lease which extends 
at least three years beyond the maturity of such obligations 
and which provides for unconditional payment of interest 
on all funded indebtedness and for the payment or refunding 
of such obligations at maturity. 

As used in this clause, the following terms shall have the 
following meanings unless the context otherwise clearly re- 
quires : — 

(a) "Gross railway operating revenues" shall mean the 
total revenues received from railway operations, as shown 
in reports prescribed by the Interstate Commerce Com- 
mission. 

(6) "Net railway operating income" shall be the amount 
so shown in reports prescribed by the Interstate Commerce 
Commission except that such amount shall be adjusted to 
include any amount deducted for federal income taxes in 
arriving at said net railway operating income. 

(c) "Fixed charges" shall be the sum of the annual fixed 
interest on all indebtedness of the corporation outstanding 
at the date of investment plus the annual rental for lines 
operated under lease at the date of investment plus any 
amount of interest or rental which in the future shall or 
may become fixed for the remaining life of the obligation or 
lease at a presently determinable rate as the result of opera- 
tion of provisions contained in the agreements, indentures or 
leases covering such payments, but interest which becomes 
a fixed obligation only if earned, or only upon maturity of 
the bonds, or only in event of issuance of additional bonds 
in connection with future financing, shall not be regarded 
as a fixed charge. 

(d) Other terms shall have the meanings provided in 
clause Third. 

The limitations to the amounts to be invested in railroad 
obligations provided in clause Third shall limit, by inclu- 
sion, amounts invested under the provisions of this clause. 

Section 5. Said section fifty-four is hereby further 
amended by striking out, in the fourth and in the twenty- 
eighth lines of subdivision (6) of clause Third, as so appear- 
ing, the words "five of the six" and inserting in place thereof, 
in each instance, the words : — six of the seven, — so that 
the first paragraph of said subdivision (6) will read as fol- 
lows : — 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 six of the seven years im- 
mediately preceding the date of such investment, and in 
the year immediately preceding the date of such invest- 
ment, such obligations shall be (a) equipment obligations 
as described in subdivision (5) (d), or (h) shall be secured 
by a first mortgage which is prior in lien to a junior mort- 
gage or mortgages which secure at least one and one half 



Acts, 1943. — Chap. 215. 223 

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 subdivisions (1), (2) and 
(3), which lease extends at least three years beyond the 
maturity of any such obligation, and provides for the pay- 
ment or refunding thereof and for the unconditional pay- 
ment of a rental equal to at least two and one half times 
the annual interest charge on all the first mortgage bonds 
of such lessor corporation; and no bonds shall be made 
eligible by provision (h) or (c) of this subdivision unless they 
are secured by a direct or collateral first lien on at least one 
third of the mileage owned, including all mileage owned bene- 
ficially, by the obligor and on at least five hundred miles of 
railroad, except that if the railroad corporation which oper- 
ates the railroad upon which such bonds are secured shall 
have earned its fixed charges at least one and one quarter 
times in six of the seven years immediately preceding the 
date of such investment, and in the year immediately pre- 
ceding the date of such investment, then such first mort- 
gage 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 ex- 
ceed, but shall be at least equal to, the amount of debt 
secured by first mortgages prior thereto. 

Section 6. Said section fifty-four is hereby further g. l. (Ter. 
amended by striking out clause Seventh, as so appearing, etc., 'further ' 
and inserting in place thereof the following clause : — amended. 

Seventh. In the common stock, provided there is no pre- investment 
ferred stock outstanding, of a trust company incorporated e^c'T^tock. 
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, in each 
of the five years immediately preceding the date of invest- 
ment, has paid dividends in cash of not less than four per 
cent on its common stock without having reduced the ag- 
gregate par value thereof within such five-year period, and 
which, at the date of investment, has surplus at least equal 
to fifty per cent of its capital stock; provided, that: 

(a) No savings bank shall invest additional funds in stocks 
of such companies or associations if the cost thereof added 
to the amount already invested in such stocks shall exceed 
two thirds of the combined guaranty fund and profit and 
loss accounts of such bank; 

(6) No savings bank shall invest additional funds in the 
stock of any one such company or association if the cost 
thereof added to the amount already invested in such stock 
shall exceed one fifteenth of the combined guaranty fund and 
profit and loss accounts of such bank; 

(c) No savings bank shall purchase or accept as collateral 



224 



Acts, 1943. — Chap. 215. 



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



Notes secured 
by collateral. 



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



Deposit books, 
etc., as 
collateral. 



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



Real estate 
acquired by 
foreclosure. 



for loans additional stock of any such company or association 
if the result of such purchase or acceptance would be to 
make its total holdings of such stock by way of investment 
and as collateral exceed fifteen per cent of the outstanding 
stock of such company, or association. 

Nothing in this clause shall invalidate any holding of stock 
or stocks legally acquired before May first, nineteen hun- 
dred and forty-three. 

A savings bank may deposit not more than two and one 
half per cent of its deposits in any national banking associa- 
tion doing business within this commonwealth or in any trust 
company incorporated under the laws of and doing business 
within this commonwealth; but such deposit shall not ex- 
ceed twenty-five per cent of the capital stock and surplus 
fund of such association or trust company. 

Section 7. Said section fifty-four is hereby further 
amended by striking out paragraph (2) of subdivision (e) 
of clause Ninth, as most recently amended by section four of 
chapter one hundred and ten of the acts of nineteen hundred 
and forty-three, and inserting in place thereof the following 
paragraph : — 

(2) Bonds or notes authorized for investment by clause 
Second, Third, Third A, Fifth, Fifth A, Fifth B, Sixth or 
Sixth A or under subdivision (c) of clause Fifteenth, at no 
more than ninety per cent of the market value thereof at any 
time while such note is held by such corporation; or 

Section 8. Said section fifty-four is hereby further 
amended by striking out paragraph (3) of subdivision (e) 
of clause Ninth, as most recently amended by section twenty- 
six of chapter three hundred and thirty-four of the acts of 
nineteen hundred and thirty-three, and inserting in place 
thereof the following paragraph : — 

(3) Deposit books of depositors, or of one of two joint 
depositors, in savings banks and in savings departments of 
trust companies incorporated under the laws of and doing 
business within this commonwealth, and savings account 
books of depositors in national banking associations doing 
business within this commonwealth, up to the amount of said 
deposit accounts, and unpledged shares of co-operative banks 
incorporated in this commonwealth at not more than ninety 
per cent of their withdrawal value; or 

Section 9. Said section fifty-four is hereby further 
amended by striking out clause Twelfth, as most recently 
amended by section two of chapter two hundred and seventy- 
four of the acts of nineteen hundred and thirty-seven, and 
inserting in place thereof the following clau.se: — 

Twelfth. Such corporation may hold for a period of five 
years real estate acquired by the foreclosure of a mortgage 
owned by it, or by purchase at sales made under the pro- 
visions of such mortgages or upon judgments for debts due 
to it, or in settlements effected to secure such debts. Such 
corporation may sell, convey, or lease the real estate acquired 
by it, and notwithstanding the provisions of clause First 



Acts, 1943. — Chap. 216. 225 

may take a mortgage thereon from the purchaser to secure 
the whole or a part of the purchase price. The commissioner 
may, on petition of the board of investment of such corpora- 
tion, and for cause, grant additional time for the holding of 
such real estate or of the securities mentioned in clause 
Thirteenth. 

Section 10. Said section fifty-four is hereby further g. l. (Ter. 
amended by striking out subdivision (a) of clause Fifteenth, ^tl!'firfheP^' 
as most recently amended by section nine of chapter four hun- amended. 
dred and thirteen of the acts of nineteen hundred and forty- 
one, and inserting in place thereof the following subdivision: — 

(a) Annually, not later than July first, the commissioner List of bonds 
shall prepare a list of all bonds, notes, and interest bearing be p"e°pa?ed° 
obligations which are then legal investments under any pro- 
vision of clauses Second, Third, Third A, Fifth, Fifth A, 
Fifth B, Sixth, Sixth A, paragraph (1) of subdivision (c) of 
clause Ninth, and subdivision (c) of clause Fifteenth. 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 prep- 
aration 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 corpora- 
tion, 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. 

Section 11. Said section fifty-four is hereby further g. l. (Ter. 
amended by striking out clause Seventeenth, as appearing ftc'.l'firfhel ''^' 
in the Tercentenary Edition, and inserting in place thereof amended. 
the following clause : — 

Seventeenth. This section shall not render illegal the Effect of act 
investment in any mortgages of real estate held by such cor- 
poration on June eighth, nineteen hundred and eight. 

Section 12. This act shall take effect on May first in Effective 
the current year. Approved April 30, 1943. '^'^^^■ 



An Act relative to the stocking and restocking of Qhav. 21Q 

CERTAIN INLAND WATERS IN DUKES AND NANTUCKET 
COUNTIES WITH FISH. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred ^^^- [J^^-^ ^^ 
and thirty-one of the General Laws, as appearing in sec- etc.'ameAded. ' 
tion two of chapter five hundred and ninety-nine of the acts 
of nineteen hundred and forty-one, is hereby amended by 



226 Acts, 1943. — Chap. 217. 

striking out, in the sixty-fifth and sixty-sixth Hnes, the 
words ", except in Dukes and Nantucket counties,", — so 
that the paragraph contained in the sixty-fifth to the 
seventy-third hnes, inclusive, will read as follows : — 
powirsof'^ Cause any great pond to be stocked or restocked with 

director. such fish as he judges best suited to the waters thereof, and 

in every such instance he may prescribe and enforce such 
reasonable regulations 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 ; 
Eil''iJr§ 14, Section 2. Said section fourteen, as so appearing, is 
etc/further ' hereby amended by striking out, in the seventy-fourth 
amen e . j.^^^^ ^j^^ words "Exccpt iu Dukcs and Nantucket counties, 

cause" and inserting in place thereof the word: — Cause, — 
so that the paragraph contained in the seventy-fourth to the 
eighty-sixth lines, inclusive, will read as follows : — 
Same subject. Causc 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 
commercial or other purposes as appear to him to be ad- 
visable; 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; 
datl!*'^^ Section 3. This act shall take effect upon its passage. 

Approved April 30, 1943. 



Chap. 217 An Act authorizing the placing of the office of chief 

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

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Mansfield shall, upon the effective date of this act, become 
subject to the civil service laws and rules arid regulations 
relating to police officers in towns, and the tenure of office 
of any incumbent thereof shall be unlimited, subject, how- 
ever, to said laws. The person holding said office on said 
effective date shall be subjected to a non-competitive qualify- 
ing examination by the division of civil service. If he passes 
said examination, 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 he does 
not pass said examination, he may continue to serve in 
said office, but shall not be subject to said civil service laws. 

Section 2. So much of paragraph (i) of section twenty 



Acts, 1943. — Chap. 218. 227 

of chapter five hundred and eighty-six of the acts of nineteen 
hundred and twenty as is inconsistent with the provisions 
of this act is hereby repealed. 

Section 3. This act shall be submitted for acceptance 
to the registered voters of said town at an annual or special 
meeting. The vote shall be taken by ballot, in answer to 
the following question, which shall be placed, in case of a 
special meeting, upon a ballot to be provided and used at 
said meeting, or, in case of an annual meeting, upon the 
ofiicial ballot to be used for the election of town officers : — 
"Shall an act passed by the general court in the year nine- 
teen hundred and forty-three, entitled 'An Act authorizing 
the placing of the Office of Chief of Police of the Town of 
Mansfield under the Civil Service Laws', be accepted?" 
If a majority of the votes in answer to said question is 
in the affirmative, then this act shall thereupon take full 
effect, but not otherwise. Approved April 30, 191^3. 



An Act authorizing the trustees of the public li- Chav.2\% 

BRARY OF THE CITY OF BOSTON TO PETITION IN EQUITY 
FOR AUTHORITY TO INVEST AND APPROPRIATE FUNDS 
AND PROPERTY HELD BY THEM IN ACCORDANCE WITH 
SUCH FINAL DECREE AS THE COURT SHALL MAKE, AND 
TO AUTHORIZE SAID TRUSTEES TO INVEST AND APPROPRI- 
ATE IN ACCORDANCE W^ITH THE COURT's FINAL DECREE. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and fourteen of the 
acts of eighteen hundred and seventy-eight, as amended by 
chapter one hundred and sixteen of the Special Acts of nine- 
teen hundred and nineteen and by chapter fifty of the 
acts of nineteen hundred and thirty-one, is hereby further 
amended by adding at the end the following sentence: — 
But nothing herein contained shall restrict said corporation 
from bringing a petition in equity in the probate court or the 
supreme judicial court to be permitted to invest or appro- 
priate the principal or income of funds or property held by 
said corporation in such manner as said court may by final 
decree authorize; and said corporation is hereby authorized 
to invest and appropriate in accordance with such decree, — 
so as to read as follows : — Section 2. Said corporation shall 
have authority to take and hold real and personal estate to 
an amount not exceeding twenty million dollars, which may 
be given, granted, bequeathed or devised to it, and accepted 
by the trustees for the benefit of the public library of the 
city of Boston or any branch library, or any purpose con- 
nected therewith. Money received by it shall be invested 
by the treasurer of the city of Boston under the direction of 
said corporation ; and all securities belonging to said corpora- 
tion shall be placed in the custody of said treasurer: pro- 
vided, always, that both the principal and income thereof 
shall be invested and appropriated according to the terms of 



228 Acts, 1943. — Chap. 219. 

the donation, devise or bequest. But nothing herein con- 
tained shall restrict said corporation from bringing a peti- 
tion in equity in the probate court or the supreme judicial 
court to be permitted to invest or appropriate the principal 
or income of funds or property held by said corporation in 
such manner as said court may by final decree authorize; and 
said corporation is hereby authorized to invest and appro- 
priate in accordance with such decree. 

Approved April SO, 1943. 



Chap.219 An Act amending the law relative to the co-operative 

CENTRAL BANK. 

Be it enacted, etc., as folloios: 

Section 1. Chapter forty-five of the acts of nineteen 
hundred and thirty-two is hereby amended by striking out 
section two and inserting in place thereof the following sec- 
tion : — Section 2. There shall be a board of twelve directors 
of the central bank, who shall be elected by the member 
banks in the manner hereinafter provided and shall be di- 
vided into three equal groups. Of the directors first elected 
hereunder, one group shall be elected and hold office until 
the annual meeting to be held in nineteen hundred and thirty- 
two, one group shall be elected and hold office until the an- 
nual meeting to be held in nineteen hundred and thirty- 
three, and one group shall be elected and hold office until 
the annual meeting to be held in nineteen hundred and 
thirty-four; and their successors,. except in case of vacancies, 
shall be elected for terms of three years. Directors so elected 
to fill vacancies shall be elected for the unexpired terms. All 
directors shall be sworn and hold office until their succes- 
sors are qualified. If a person elected does not, within thirty 
days thereafter, take the oath, his office shall thereupon be- 
come vacant. The directors shall fill any vacancies on the 
board until the next annual meeting. At all meetings of the 
directors seven members shall constitute a quorum, but a 
lesser number may adjourn from time to time. The board 
of directors shall from time to time adopt such rules and 
regulations as they may deem necessary to effect the pur- 
poses of this act. The central bank, by a vote of two thirds 
of the delegates of the member banks present and voting, 
may from time to time adopt such by-laws and amendments 
thereto as may be necessary to effect such purposes. Such 
by-laws and any amendments thereto shall not become ef- 
fective until they shall have been approved by the commis- 
sioner of banks, hereinafter called the commissioner. 

In the election of directors, and in voting on any other 
matter legally to come before a meeting, each member bank, 
by a delegate authorized by its board of directors, shall have 
one vote; provided, that such delegate shall not vote on 
behalf of more than one member bank. A majority of the 
votes so cast shall elect directors. 



Acts, 1943. — Chap. 220. 229 

Section 2. Section five of said chapter forty-five is 
hereby amended by adding at the end the two following 
paragraphs : — 

The clerk of the central bank shall call a special meeting 
of such bank if requested in writing so to do by twenty or 
more member banks. The request of each of such banks 
shall be signed by a duly authorized officer thereof, shall 
state the proposed purposes and proposed time and place of 
the meeting, and shall be given to said clerk at least forty- 
five days before the proposed time of the meeting. The call 
for such meeting shall state the time, place, and purpose or 
purposes thereof and shall be mailed to each member bank 
at its place of business at least thirty days before the date 
of the meeting. If any of the purposes of the meeting is to 
adopt an amendment to the by-laws such request and the 
call for the meeting shall contain notice of the proposed 
amendment and a copy thereof. Notwithstanding the fore- 
going, special meetings may be called by the clerk at the 
request of the directors if and as provided by the by-laws 
of the central bank. 

If requests from twenty or more member banks for the 
adoption of an amendment to the by-laws at an annual 
meeting, containing a copy of the proposed amendment, are 
presented to said clerk on or before July fifteenth preceding 
such meeting, the call for such meeting shall include notice 
of such proposed amendment and a copy thereof. 

Section 3. Said chapter forty-five is hereby further 
amended by striking out section eight and inserting in place 
thereof the following section: — Section S. Dividends may 
be declared from the earnings of the central bank after the 
payment of all expenses and shall be distributed to member 
banks semi-annually, equally and ratably as determined by 
the board of directors of the central bank. 

A surplus account may be accumulated and dividends de- 
clared therefrom in the discretion of the directors. 

Section 4. All provisions of the by-laws of The Co- 
operative Central Bank in effect on the effective date of 
this act shall continue in force until annulled or amended 
in accordance with this act. A'p'proved April 30, 1943. 



An Act relative to the civil service status of certain QJidj^ 220 
agents of the board of registration in pharmacy. 

Be it enacted, etc., as follows: 

Joseph G. Turcotte and John V. O'Brien, agents of the 
board of registration in pharmacy appointed under section 
twenty-five of chapter thirteen of the General Laws, as 
amended, may, upon passing a qualifying examination to 
which they shall be subjected by the division of civil service, 
continue to serve in their respective positions and their 
tenure of office shall be unlimited, subject, however, to the 
civil service laws. Approved April 30, 1943. 



230 Acts, 1943. — Chap. 221. 



Chap.221 An Act to incorporate greater boston charitable 

TRUST, INC. 

Be it enacted, etc., as follows: 

Section 1. Charles Francis Adams, Robert P. Barry, 
Henry R. Guild, Maynard Hutchinson, Jacob J. Kaplan, 
Michael T. Kelleher, Charles F. Mills, Spencer B. Mont- 
gomery, Charles M. Rogerson, John O. Stubbs, and Raymond 
S. Wilkins, their associates and successors, who shall be 
appointed or elected as hereinafter described, are hereby 
made a corporation by the name of Greater Boston Chari- 
table Trust, Inc., with all the powers and privileges set forth 
in all general laws now or hereinafter in force relating to 
charitable corporations, so far as the same are applicable. 

Section 2. The said Greater Boston Charitable Trust, 
Inc., may establish one or more common trust funds for 
the purpose of furnishing investments to itself and to any 
organization which is a member of or eligible to member- 
ship in Greater Boston Community Fund, a Massachusetts 
charitable corporation, and the said Greater Boston Chari- 
table Trust, Inc., or any such organization may, either as 
fiduciary or otherwise, invest any part or all of any of the 
funds which it holds for investment in interests in such 
common trust fund or funds; provided, that in the case of 
funds held as fiduciary such investment would not be in- 
consistent with the terms and conditions upon which such 
funds are held. 

Section 3. The said Greater Boston Charitable Trust, 
Inc., shall have power to acquire, receive, hold in trust or 
otherwise, and manage all property in any amount neces- 
sary or proper for any of the objects of the said corporation, 
and to sell, convey, mortgage, or otherwise dispose of any 
property held by it. 

Section 4. The persons named in the first section of 
this act shall be and hereby are constituted the first members 
of said corporation, and they shall hold office and have power 
to fill vacancies in their number until their successors shall 
be appointed or elected and qualified, under the by-laws to 
be adopted as hereinafter prescribed. 

Section 5. Without restricting any power to make 
by-laws enjoyed by the said corporation under general 
laws, it is hereby empowered to prescribe by its by-laws 
the number of its members and the manner in which its 
membership shall be constituted and, in particular, to 
provide by its by-laws that persons holding designated 
offices in other organizations or having other specified 
qualifications shall become members automatically. 

Approved April SO, 1943. 



Acts, 1943. — Chaps. 222, 223. 231 



An Act providing in the existing war emergency for Chav. 222 

THE PAROLE OF CERTAIN PRISONERS SENTENCED TO THE 
STATE PRISON. 

Whereas, The deferred operation of this act would tend pr'^ambre*'^ 
to defeat its purpose which is to assist in the successful 
prosecution of the war, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. If it appears to the parole board to be in 
the public interest and to aid in the successful prosecution 
of the existing state of war between the United States and 
certain foreign countries, said board may grant to a prisoner, 
other than a prisoner serving a life sentence, in the state 
prison or a prisoner transferred therefrom to the Massa- 
chusetts reformatory or the state prison colony who has 
served two and one half years of his sentence, a special 
permit to be at liberty during the remainder of his term of 
sentence, upon such terms and conditions as said board 
shall prescribe. A prisoner held upon two or more sentences, 
except those to be served concurrently, may be eligible for 
release under this section when he has served two and one 
half years of his aggregate sentences. 

Section 2. This act shall be effective only during the 
continuance of the existing state of war between the United 
States and any foreign country. 

Approved April 30, 1943. 



An Act penalizing the libel of groups of persons Chav.22S 
because of race, color or religion. 

Be it enacted, etc., as folloivs: 

Chapter two hundred and seventy-two of the General EJ^^-^^g^""- 
Laws is hereby amended by inserting after section ninety- new '§ osc, 
eight B, inserted by chapter one hundred and seventy of the ^'^'^^'^• 
acts of nineteen hundred and forty-one, the following sec- 
tion: — Section 98C. Whoever publishes any false written or Libei of 
printed material with intent to maliciously promote hatred Cf ra°c"! coioT,'**' 
of any group of persons in the commonwealth because ^tc. 
of race, color or religion shall be guilty of libel and shall be Penalty. 
punished by a fine of not more than one thousand dollars or 
by imprisonment for not more than one year, or both. The 
defendant may prove in defense that the publication was 
privileged or was not malicious. Prosecutions under this 
section shall be instituted only by the attorney general or 
by the district attorney for the district in which the alleged 
libel was published. Approved April 30, 1943. 



232 Acts, 1943. — Chap. 224. 



Chap. 22^ An Act temporarily increasing the salaries of of- 
ficers AND employees IN THE SERVICE OF CERTAIN 
COUNTIES. 

prTambre^^ ^^^^^^^' ^^^ deferred operation of this act would tend to 

defeat its purpose, which is to provide without delaj'^ addi- 
tional income for officers and employees of certain counties 
in view of the 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 preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The salary of each person in the service of any 
county, except those referred to in section two, is hereby in- 
creased by an amount equal to fifteen per cent thereof; pro- 
vided, that such increase shall not for full time service be less 
than at the rate of two hundred and forty dollars per annum 
nor more than at the rate of three hundred and sixty dollars 
per annum; and provided, further, that said minimum or 
said maximum, in the case of any such person serving on a 
part-time basis, shall be adjusted by the county personnel 
board to an amount which bears the same ratio to said mini- 
mum or maximum as his service bears to full time service. 

Section 2. The salary of a justice, special justice, clerk, 
assistant clerk, probation officer or court officer of a district 
court, a probation officer of the superior court, a deputy 
sheriff acting as court officer, a trial justice, or a county com- 
missioner, is hereby increased by an amount equal to fifteen 
per cent thereof but not more than three hundred and sixty' 
dollars per annum. 

Section 3. The increase of salary provided by this act 
shall be effective only for the period beginning July first, 
nineteen hundred and forty-three, and ending June thirtieth, 
nineteen hundred and forty-five. The temporary salary 
increase granted hereunder in the case of any person whose 
basic salary is changed during said period by promotion, step 
rate increase, transfer or otherwise shall subsequent to such 
salary change be based on his basic salary as so changed. 

Section 4. Every officer and employee entering the 
service of any county during said period shall be entitled to 
receive the compensation of his office or position as increased 
by this act. 

Section 5. The word ''salary" as used in this act shall 
include maintenance allowances, the value of which is fixed 
in the manner provided by the rules and regulations estab- 
lished under the provisions of sections forty-eight to fifty- 
six, inclusive, of chapter thirty-five of the General Laws. 

Section 6. The county personnel board is hereby di- 
rected to revise its schedules of rates and ranges to conform 
to the pertinent provisions of sections one and two. 

Section 7. Said board shall administer so much of this 



Acts, 1943. — Chap. 225. 233 

act as affects the salary of any person whose office or position 
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 hmit the respective powers of said 
board and said director as now defined by law. 

Section 8. No increase in salary made by this act shall, 
for any purpose of chapter thirty-two of the General Laws, 
be deemed or construed to be a portion of the regular com- 
pensation of any officer or employee now or hereafter in the 
service of any county. 

Section 9. This act shall not apply to officers or em- 
ployees of the county of Suffolk. Approved May 3, 1943. 



Chap. 225 



An Act providing that cities and towns may appro- 
priate MONEY FOR THE REMOVAL OF SNOW AND ICE 
FROM PRIVATE WAYS THEREIN OPEN TO PUBLIC USE, IF 
THE VOTERS THEREOF SO VOTE. 

Be it enacted, etc., as foUoios: 

Chapter forty of the General Laws is hereby amended by g. l. (Ter. 
inserting after section six B, as appearing in the Tercente- §§6c^aAd6D, 
nary Edition, the two following sections : — Section 6C. A added. 
city or town which accepts this section in the manner pro- Removal of 

V 1 • ■-!->> • CI snow and ice 

vided in section six D may appropriate money lor the re- from private 
moval of snow and ice from such private ways within its '^^^^' 
limits and open to the public use as may be designated by Appropriations 
the city council or selectmen; provided, that, for the pur- 
poses of section twenty-five of chapter eighty-four, the re- 
moval of snow or ice from such a way shall not constitute 
a repair of a way. 

Section 6D. Section six C shall be submitted for accept- Submission 
ance to the registered voters of a city at a regular city elec- *° ^°*«'"s- 
tion if the city council thereof so votes, and of a town at 
an annual town election upon petition of two hundred reg- 
istered voters or of twenty per cent of the total number of 
registered voters, substantially in the form of the following 
question, which shall be placed on the official ballot used 
for the election of officers at such city or town election: 

Shall the city (or town) vote to accept the provisions of 
section six C of chapter forty of the General 
Laws, which authorize cities and towns to ap- 
propriate money for the removal of snow and 
ice from private ways therein open to public use? 



YES. 



If a majority of the votes in answer to said question is in 
the affirmative, then said section shall thereupon take full 
effect in such city or town, but not otherwise. 

Approved May 3, 19 43. 



234 



Acts, 1943. — Chaps. 226, 227. 



G. L. (Ter. 
Ed.). 175, 
§ 164A, etc. 
amended. 



Decrease of 
commissions 
of agents 
prohibited in 
certain cases. 



Chap. 22Q An Act relating to the compensation of life insur- 
ance AGENTS. 

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 sixty-four A, inserted by chapter two hundred 
and twenty-five of the acts of nineteen hundred and thirty- 
eight, and inserting in place thereof the following section : — 
Section IGI^A. If a policy of industrial life insurance upon 
which premiums have been paid for three years or more 
lapses for non-payment of a premium and is surrendered to 
the company for a cash surrender value or continues in force 
as paid-up or extended term insurance, the company shall 
not charge any of its agents with a decrease for or on ac- 
count of the premium on said policy nor make any deduc- 
tion from his commission or salary for or on account of the 
lapse of said policy. 

Nothing in this section shall prohibit a life company from 
contracting to pay any of its agents additional compensa- 
tion for the conservation of insurance, based upon the rela- 
tion of the lapse rate of premiums on one or more classes of 
mdustrial life insurance policies or combined industrial and 
monthly premium debit insurance policies under his super- 
vision to the lapse rate of premiums on insurance policies 
of the same class or classes in the entire company; nor shall 
anything in this section prohibit a company, which has con- 
tracted to pay its agents in this commonwealth such addi- 
tional compensation for the conservation of insurance, from 
also contracting with any such agent that he shall not be 
paid first-year commissions on any new policy issued on 
an application procured by him on the life of a person or a 
dependent sharing the home with such person who has ter- 
minated a policy issued by the company on his life or that 
of such a dependent not more than three months before, or 
who terminates such a policy within three months after, 
application for such new policy is made. 

Approved May 3, 1943. 



Chap. 227 An Act relative to the computation of the reserve 

LIABILITY OF LIFE INSURANCE COMPANIES AND TO THE NON- 
FORFEITURE BENEFITS UNDER LIFE INSURANCE POLICIES. 

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 
nine, as most recently amended by sections one and two of 
chapter three hundred and twenty-six of the acts of nine- 
teen hundred and forty-one, and inserting in place thereof 
Computation the following scctiou : — Section 9. 1. The commissioner 
WeTompTnies. shall cach year compute the reserve liabifity or net value 



G. L. (Ter. 
Ed.), 175, §9, 
etc., amended. 



Acts, 1943. — Chap. 227. 235 

on December thirty-first of the preceding year of every Hfe Acceptance of 
company authorized to transact business in the common- vl^uatlon of"^ 
wealth with respect to the pohcies or contracts hereinafter foreign 
described in this subdivision and issued by such company """'p^'"'^^- 
prior to January first, nineteen hundred and forty-eight, in 
accordance with the following rules: 

First, The net value of all outstanding policies of life 
insurance issued before January first, nineteen hundred and 
one, shall be computed upon the basis of the "Combined 
Experience" or "Actuaries' Table" of mortahty, with in- 
terest at four per cent per annum. 

Second, The net value of all outstanding policies of life 
insurance issued after December thirty-first, nineteen hun- 
dred, shall be computed upon the basis of the "American 
Experience Table" of mortality, with interest at three and 
one half per cent per annum ; but any life company may at 
any time elect to have the net value of such policies com- 
puted with interest at three per cent or two and one half 
per cent, and thereupon the net value of said policies shall 
be computed upon the basis of the "American Experience 
Table" of mortality, 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 to have the net value of such weekly payment 
business or any portion thereof computed upon any table 
showing a higher rate of mortality approved by the com- 
missioner. 

Third, The net value of all outstanding total and per- 
manent disability provisions incorporated in, or supplemen- 
tary to, policies or contracts shall be computed on the basis 
of "Hunter's Disability Table", or any similar table ap- 
proved by the commissioner, with interest not exceeding 
three and one half per cent per annum; provided, that in 
no case shall said net value be less than one half of the net 
annual premium computed on such table for the disability 
benefit. The commissioner may accept a certificate of valua- 
tion from the company for the reserve hability with respect 
to its total and permanent disability provisions if he is satis- 
fied by the use of general averages and percentages that such 
reserve has been computed in accordance with the foregoing 
rule. 

Fourth, The net value of all outstanding annuity con- 
tracts and of all contracts issued as pure endowments shall 
be computed on the basis of "McCHntock's Tables of Mor- 
tality among Annuitants" or on such higher table as the 
commissioner may prescribe, with interest at not more than 
four per cent per annum; provided, that annuities issued 
prior to January first, nineteen hundred and seven, and an- 
nuities deferred ten or more years and written in connection 
with life, endowment or term insurance shall be valued on 
the same mortality table from which the consideration or 
premiums were computed. 

Fifth, The net value of all outstanding group life policies 



236 Acts, 1943. — Chap. 227. 

written as yearly renewable term insurance shall be com- 
puted on a basis not lower than the "American Men Mor- 
tality Table", with interest at not more than three and one 
half per cent per annum. 

The net value of any class or classes of policies or con- 
tracts described in this subdivision may be computed, at the 
option of the company, on any basis which produces aggre- 
gate reserves for such class or classes greater than those 
computed in accordance with the foregoing rules. 

2. The commissioner shall each year compute the reserve 
liabihty or net value on December thirty-first of the pre- 
ceding year of every life company authorized to transact 
business in the commonwealth with respect to the policies 
or contracts hereinafter described in this subdivision and 
issued by such company on and after January first, nineteen 
hundred and forty-eight, so that such reserve liability shall 
be at least equal to the amount computed in accordance 
with the minimum standard prescribed in this subdivision. 

The minimum standard of valuation shall be the Com- 
missioners Reserve Valuation Method, as defined in subdi- 
vision 3, interest at three and one half per cent per annum, 
and the tables of mortality hereinafter specified. 

First, The "Commissioners 1941 Standard Ordinary 
Mortality Table" shall be used for all outstanding ordinary 
policies of life insurance issued on the standard basis, ex- 
cluding any total and permanent disabihty and accidental 
death benefits. 

Second, The " 1941 Standard Industrial Mortality Table" 
shall be used for all outstanding industrial life insurance 
policies issued on the standard basis, excluding any total 
and permanent disabihty anc^ accidental death benefits. 

Third, The "1937 Standard Annuity MortaHty Table" 
shall be used for all outstanding annuity contracts and for 
all contracts issued as pure endowments, excluding any total 
and permanent disability benefits. 

Fourth, The "Class (3) Disabihty Table (1926)" shall be 
used for all outstanding total and permanent disability pro- 
visions incorporated in, or supplementary to, ordinary poli- 
cies or contracts, which table, for active lives, shall be com- 
bined with a mortality table permitted for computing the 
reserves for life insurance policies. The commissioner may 
accept a certificate of valuation from a company for the 
reserve liability with respect to its total and permanent 
disability provisions if he is satisfied by the use of general 
averages and percentages that such reserve has been com- 
puted in accordance with this subdivision. 

Fifth, The "Inter-Company Double Indemnity Mortality 
Table" shall be used for all outstanding accidental death 
benefit provisions incorporated in, or supplementary to, 
all policies, which table shall be combined with a mortality 
table permitted for computing the reserves for life insurance 
policies. The commissioner may accept a certifi'cate of valua- 



Acts, 1943. — Chap. 227. 237 

tion from a company for the reserve liability with respect 
to such provisions, as provided in paragraph Fourth. 

Sixth, Such tables as the commissioner shall approve 
shall be used for all outstanding group hfe policies, policies , 
of life insurance issued on the substandard basis and any 
kind of insurance, annuity, or pure endowment benefits 
for the valuation of which specific provision is not made in 
this subdivision. 

3. The net value of the life insurance and endowment 
benefits of policies, referred to in subdivision 2, providing 
for a uniform amount of insurance and requiring the pay- 
ment of uniform premiums shall be the excess, if any, of 
the present value, at the date of valuation, of such future 
guaranteed benefits provided for by such policies, over the 
then present value of any future modified net premiums 
therefor. The modified net premiums for any such policy 
shall be such uniform percentage of the respective contract 
premiums for such benefits that the present value, at the 
date of issue of the policy, of all such modified net premiums 
shall be equal to the sum of the then present value of such 
benefits provided for by the policy and the excess of (a) a 
net level annual premium equal to the present value, at the 
date of issue, of such benefits provided for after the first 
policy year, divided by the present value, at the date of 
issue, of an annuity of one per annum payable on the first 
and each subsequent anniversary of such policy on which 
a premium falls due; provided, that such net level annual 
premium shall not exceed the net level annual premium on 
the nineteen year premium whole life plan for insurance 
of the same amount at an age one year higher than the age 
at issue of such policy, over (h) a net one year term premium 
for such benefits provided for in the first policy year. 

The net value of (a) policies of life insurance providing 
for a varjdng amount of insurance or requiring the pay- 
ment of varying premiums, (b) annuity and pure endowment 
contracts, (c) provisions for total and permanent disability 
or for accidental death benefits in, or supplementary to, 
all policies and contracts, and (d) provisions for any other 
insurance benefits shall be computed by a method consistent 
with the principles of the first paragraph of this subdivision 3. 

The method of valuation set forth in this subdivision 
shall be known as the Commissioners Reserve Valuation 
Method. 

4. The aggregate net value of all life insurance policies, 
excluding total and permanent disability and accidental 
death benefits, described in subdivision 2, shall in no case 
be less than the aggregate net value computed in accord- 
ance with the Commissioners Reserve Valuation Method, as 
defined in subdivision 3, and the mortality table or tables 
and the rate or rates of interest used in computing the 
nonforfeiture benefits under such policies. 

The net value of any class or classes of policies or contracts 



238 Acts, 1943. — Chap. 227. 

described in subdivision 2, as established by the commis- 
sioner, may be computed, at the option of the company, on 
any basis which produces aggregate reserves for such class 
or classes greater than those computed according to the 
minimum standard prescribed by subdivision 2; provided, 
that the rate or rates of interest used shall not be higher 
than the corresponding rate or rates used in computing 
any nonforfeiture benefits thereunder; and provided, fur- 
ther, that the net value of life insurance policies issued on 
the participating basis shall not be computed with a rate 
of interest lower than that used in computing the non- 
forfeiture benefits thereunder except with the approval of 
the commissioner, with whom the company shall file, when 
the said rates differ by more than one half of one per cent, a 
plan providing for such equitable increases, if any, in the 
nonforfeiture benefits in such policies as the commissioner 
shall approve. 

Any company which at any time shall have adopted 
any standard of valuation with respect to any class or 
classes of policies or contracts described in subdivision 2 
and producing therefor greater aggregate reserves than 
those computed according to the minimum standard pro- 
vided for in said subdivision, may adopt, with the approval 
of the commissioner, any lower standard of valuation for 
such policies not lower than the aforesaid minimum standard. 

5. The commissioner, in every case in which the gross 
premium charged on any life policy or annuity or pure 
endowment contract, described in this section, is less than 
the net premium therefor according to the mortality table, 
the rate of interest, and the method used in computing the 
net value thereof, shall compute a deficiency reserve on 
such policy or contract in addition to any other reserve 
computed in accordance with this section. Such deficiency 
reserve shall be the present value, computed according to 
said basis, of an annuity of the difference between such net 
premium and the said gross premium, running for the 
remainder of the premium-paying period of such policy or 
contract. 

6. When the commissioner is satisfied that the risks which 
a company has assumed under policies or contracts referred 
to in subdivision 1 cannot be properly measured by the 
mortality tables specified in said subdivision, he may com- 
pute such additional 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 mortality as he 
may deem necessary properly to measure such additional 
risks with interest at not greater than three and one half 
per cent per annum, for the computation of the net value 
of any special class or classes of risks. 

7. The commissioner in computing the reserve liability 
under this section may use group methods and approxi- 
mate averages for fractions of a year, or other reasonable 
approximations. 



Acts, 1943. — Chap. 227. 239 

8. The aggregate net value computed in accordance with 
the requirements of this section shall be deemed the reserve 
liability of the company, to provide for which it shall hold 
funds of an amount equal thereto above all its other liabilities. 

9. The commissioner may, in place of the computation of 
the reserve liability of a foreign life company required by 
this section, accept the certificate of valuation of the official 
having supervision over insurance companies in the state or 
other jurisdiction where the company is incorporated; pro- 
vided, that such valuation is made in accordance with the 
requirements of this section or produces an aggregate net 
value at least as great as if made in accordance therewith; 
and provided, further, that such official is authorized to 
accept a similar certificate of the reserve liability of a domes- 
tic life company issued by the commissioner. 

10. The commissioner shall issue, upon payment of the 
fee prescribed by section fourteen, a certificate in such form 
as he may prescribe, setting forth the amount of the reserve 
liability of a company computed by him, and specifying the 
mortality table or tables, the rate or rates of interest, and 
the methods, whether the net level premium or other method, 
used in the computation of said amount. 

11. All policies of life insurance issued before July first, 
eighteen hundred and ninety-nine, by corporations formerly 
transacting a life insurance business on the assessment plan 
under chapter four hundred and twenty-one of the acts of 
eighteen hundred and ninety and acts in amendment thereof, 
and now having authoritj^ to do business in the common- 
wealth under this chapter, which policies are in force on 
December thirty-first of any year, and which contain a pro- 
vision for a payment other than the premium stipulated 
therein, and under which the duration of the premium pay- 
ment is the same as the duration of the contract, except in 
endowment policies, shall be valued and shall have a reserve 
maintained thereon on the basis of renewable term insur- 
ance as fixed by attained age in accordance with this chapter. 
To the reserve liability determined as above the commis- 
sioner shall add the determinate contract reserve under any 
other policies issued by said corporations before said July 
first and remaining in force on December thirty-first of any 
year, and in the absence of such contract reserve shall value 
them as contracts providing similar benefits are to be valued 
under this chapter. But under no policy shall a greater 
aggregate reserve liability be charged than is otherwise re- 
quired by this section. All policies of life insurance issued 
by any such corporation subsequent to July first, eighteen 
hundred and ninety-nine, including those which contain a 
provision for a payment other than the premiums specified 
therein, shall be valued and a reserve maintained thereon 
according to this section ; but all such policies issued by said 
corporations prior to January first, nineteen hundred and 
six, shall be valued taking the first year as one year term 
insurance. 



240 



Acts, 1943. — Chap. 227. 



G. L. (Ter. 
Ed.), 175, § 14, 
etc, amended. 



Charges 
and fees. 



G. L. (Ter. 
Ed.), 175, 
§ 144, etc, 
amended. 



Cash surrender 
value of cer- 
tain policies 
upon default 
in payment of 
premiums, etc. 



Section 2. Section fourteen of said chapter one hun- 
dred and seventy-five, as most recently amended by chapter 
fifty-four of the acts of nineteen hundred and forty-three, 
is hereby further amended by striking out the seventeenth 
paragraph and inserting in place thereof the following : — 

For each certificate of the valuation of life policies or an- 
nuity contracts, or both, of any life company issued under 
section nine and for each certificate of the examination, 
condition or qualification of a company, two dollars. 

Section 3. Said chapter one hundred and seventy-five 
is hereby further amended by striking out section one hun- 
dred and forty-four, as most recently amended by section 
one of chapter two hundred and nine of the acts of nineteen 
hundred and thirty-eight, and inserting in place thereof the 
following section: — Section IJ^I^. 1. In the event of default 
in the payment of any premium on any pohcy of life insur- 
ance issued or delivered in the commonwealth by any life 
company, the holder thereof may elect by a writing filed 
with the company at its home office within sixty days after 
the due date of the defaulted premium and prior to the death 
of the insured, to (a) surrender the policy and receive its 
value in cash, provided that, except as provided in section 
one hundred and forty-six, premiums have been paid for at 
least three full years, or (6) take a specified paid-up non- 
forfeiture benefit effective from the due date of the premium 
in default. 

The policy shall provide that a specified paid-up non- 
forfeiture benefit shall become effective as specified in the 
policy unless the holder thereof elects another available 
option prior to the death of the insured and not later than 
sixty days after the due date of the premium in default. 

2. Any cash surrender value available under the policy in 
the case of a default in the payment of a premium due on 
any anniversary of the policy shall be an amount not less 
than the excess, if any, of the present value on such anni- 
versary of the future guaranteed benefits which would have 
been payable if there had been no default, including any 
existing paid-up additions, over the sum of (a) the then 
present value of the adjusted premiums, as defined in sub- 
division 5, corresponding to the premiums which would have 
fallen due on and after such anniversary, and (6) the amount 
of any existing indebtedness to the company on the policy or 
secured thereby. 

3. Any paid-up nonforfeiture benefit available under the 
policy upon default in the payment of a premium due on any 
policy anniversary shall be such that its present value as of 
such anniversary shall be at least equal to the cash surrender 
value then provided for by the policy or, if none is provided 
for, that cash surrender value which would have been re- 
quired by this section in the absence of the provision therein 
that premiums shall have been paid for at least a specified 
period. 

4. Any cash surrender value or other nonforfeiture benefit 



Acts, 1943. — Chap. 227. 241 

available upon default in the payment of a premium due at 
any time other than on an anniversary of the policy shall be 
consistent with the values prescribed in, and subject to the 
provisions of, subdivision 2, with allowance for the lapse of 
time and the payment of fractional premiums beyond the 
last preceding anniversary. 

The cash surrender value of any paid-up additions, other 
than paid-up term additions, shall be not less than the divi- 
dends used to purchase them. 

Any paid-up nonforfeiture benefit under any policy on 
which the premiums, except as provided in section one hun- 
dred and forty-six, were paid for at least three full years, and 
every policy which by its terms has become fully paid-up, 
shall have a cash surrender value payable upon written 
application and surrender of the policy to the company at 
its home office within thirty days after any anniversary of 
the policy. Any cash surrender value available under any 
paid-up insurance or under any paid-up nonforfeiture bene- 
fit, whether or not such cash surrender value is required by 
this paragraph, shall be an amount not less than the present 
value on said anniversary of the future guaranteed benefits 
provided for by the policy, including any paid-up additions 
thereto, less any indebtedness to the company on the policy 
or secured thereby. 

5. The term "adjusted premiums," as used in this sec- 
tion, shall mean such uniform percentage of the respective 
premiums specified in the policy for each policy year that 
the present value, at the date of issue of the policy, of all 
such adjusted premiums shall be equal to the sum of (1) the 
then present value of the future guaranteed benefits provided 
for by the policy; (2) two per cent of the amount of insur- 
ance, if the insurance be uniform in amount, or of the equiva- 
lent uniform amount, as hereinafter defined, if the amount 
of insurance varies with duration of the policy; (3) forty per 
cent of the adjusted premium for the first policy year; (4) 
twenty-five per cent of either the adjusted premium for the 
first policy year or the adjusted premium for a whole life 
policy of the same uniform or equivalent uniform amount 
with uniform premiums for the whole of life issued at the 
same age for the same amount of insurance, whichever is less; 
provided, that in applying the percentages specified in (3) and 
(4) above, no adjusted premium shall be deemed to exceed 
four per cent of the amount of insurance or level amount 
equivalent thereto. The adjusted premiums shall be com- 
puted on an annual basis. The date of issue of a policy for 
the purpose of this section shall be the date as of which the 
rated age of the insured is determined. 

The term "equivalent uniform amount," as used in this 
section, shall be deemed to be the level amount of insurance 
provided by an otherwise similar policy, containing the same 
endowment benefit or benefits, if any, issued at the same age 
and for the same term, the amount of which does not vary 
with duration and the benefits under which have the same 



242 Acts, 1943. — Chap. 227. 

present value at the inception of the insurance as the bene- 
fits under the policy. 

6. All adjusted premiums and present values referred to 
in this section, except as provided in section one hundred and 
forty-six, shall be computed on the basis of the "Commis- 
sioners 1941 Standard Ordinary Mortality Table", and the 
rate of interest, not exceeding three and one half per cent 
per annum, specified in the policy for the computation of the 
cash surrender values and other nonforfeiture benefits; pro- 
vided, that in computing the present value of any extended 
tei'm insurance with accompanying pure endowment, if any, 
the rates of mortality assumed may be not more than one 
hundred and thirty per cent of the rates according to the 
applicable table of mortality; and provided, further, that 
in the case of any policy issued on a substandard basis, any 
such adjusted premiums and present values may be com- 
puted on such other table of mortality as the company may 
specify with the approval of the commissioner. 

All values referred to in this section may be computed on 
the assumption that any death benefit is payable at the end 
of the policy year in which death occurs. 

7. Any additional benefits payable (a) under accidental 
death or total and permanent disability benefit provisions 
incorporated in, or supplementary to, a policy of life insur- 
ance, or (b) as reversionary annuity or deferred reversionary 
annuity benefits under any policy of life insurance, or (c) as 
decreasing term insurance benefits provided by a rider or a 
supplemental policy provision, to which provision this sec- 
tion would not apply if it were evidenced by a separate policy, 
and (d) any other benefits additional to life insurance or 
endowment benefits, and premiums for any such additional 
benefits, hereinbefore described, shall be disregarded in com- 
puting adjusted premiums and cash surrender values and 
other nonforfeiture benefits under this section, and no such 
additional benefit shall be required to be granted in connec- 
tion with any nonforfeiture benefits. 

8. Except as provided in subdivision 9, this section shall 
not apply to contracts of reinsurance, policies of group life 
insurance, or annuity or pure endowment contracts of any 
kind with or without return of premiums or premiums and 
interest, whether simple or compound, or to survivorship 
annuity contracts; nor shall this section apply to any term 
policy of uniform amount, or any renewal thereof, of fifteen 
years or less expiring before age sixty-six for which uniform 
premiums are payable during its entire term, nor to any 
term policy providing for a decreasing amount of insurance 
on which each adjusted premium, computed as provided in 
this section, is less than the adjusted premium, so computed, 
on such fifteen year term policy issued at the same age and 
for the same initial amount of insurance. 

9. Every deferred annuity contract, other than a single 
premium contract, issued and delivered in the common- 
wealth by a domestic life company, shall provide that, in 



Acts, 1943. — Chap. 227. 243 

the event of the nonpayment of any premium after three full 
years' premiums have been paid, the annuity shall, without 
any further act or stipulation, be converted into a paid-up 
annuity for such proportion of the original annuity as the 
number of completed years' premiums paid bears to the total 
number of premiums required under the contract. 

10. Nothing in this section shall be construed to pro- 
hibit the inclusion of a provision in a policy that any cash 
surrender value shall be payable with the written assent of 
the person to whom the pohcy is payable. 

Section 4. Said chapter one hundred and seventy-five g. l. (Ter. 
is hereby further amended by striking out section one hun- fne, Amended. 
dred and forty-six, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following section : — Sec- Cash 
lion lJi6. The provisions of section one hundred and forty- taiue"or 
four shall, except as hereinafter provided, apply to any policy industrial life 
of industrial life insurance issued or delivered in the common- ''^ '"^^' 
wealth by any life company. 

The provisions of said section one hundred and forty-four 
relative to cash surrender values shall be applicable to in- 
dustrial life insurance policies only after the premiums 
thereon have been paid for five full years. 

All adjusted premiums for and the present values of any 
such policy issued on a standard basis shall be computed on 
the basis of the " 1941 Standard Industrial Mortality Table." 

Section 5. Section one hundred and twenty-six of said ^dw^Ts' 
chapter one hundred and seventy-five, as so appearing, § i26, 
is hereby amended by striking out, in the tenth line, the '*™'^'^''^'^- 
words "the preceding section" and inserting in place thereof 
the words : — section one hundred and twenty-five, — and 
by striking out, in the twelfth line, the word "forty-eight," 
and inserting in place thereof the word : — forty-six, — so 
as to read as follows: — Section 126. Every policy of life Policy payable 
or endowment insurance made payable to or for the benefit woman «iures 
of a married woman, or after its issue assigned, trans- ^° ^^^ benefit. 
ferred or in any way made payable to a married woman, 
or to any person in trust for her or for her benefit, whether 
procured by herself, her husband or by any other person, 
and whether the assignment or transfer is made by her 
husband or by any other person, and whether or not the 
right to change the named beneficiary is reserved by or per- 
mitted to the person effecting such insurance, shall enure 
to her separate use and benefit, and to that of her children, 
subject to the provisions of section one hundred and twenty- 
five relative to premiums paid in fraud of creditors and to 
sections one hundred and forty-four to one hundred and 
forty-six, inclusive. No court, and no trustee or assignee 
for the benefit of creditors, shall elect for the person effecting 
such insurance to exercise such right to change the named 
beneficiary. 

Section 6. Section one hundred and thirty-two of said ^^^- {^|''- 
chapter one hundred and seventy-five, as amended by sec- U32, etc'., 
tion one of chapter one hundred and one of the acts of nine- ^^^''^'"^- 



244 



Acts, 1943. — Chap. 227. 



Approval of 
form of life, 
annuity, etc. 
policies. 



G. L. (Ter. 
Ed.>, 175, 
§ 132, etc., 
further 
amended. 



Contents and 
approval of 
certain policies. 



teen hundred and thirty-three, is hereby further amended by 
striking out in the thirteenth and fourteenth hnes of the first 
paragraph the words "pohcies of industrial insurance, on 
which the premiums are payable monthly or oftener" and 
inserting in place thereof the words : — as hereinafter pro- 
vided, — so that said first paragraph will read as follows : — 
No policy of life or endowment insurance and no annuity, 
survivorship annuity or pure endowment contract shall be 
issued or delivered in the commonwealth until a copy of the 
form thereof has been on file for thirty days with the com- 
missioner, unless before the expiration of said thirty days he 
shall have approved the form of the policy or contract in 
writing; nor if the commissioner notifies the company in 
writing, within said thirty days, that in his opinion the form 
of the policy or contract does not comply with the laws of 
the commonwealth, specifying his reasons therefor, provided 
that such action of the commissioner shall be subject to re- 
view by the supreme judicial court; nor shall any such policy 
or contract, except as hereinafter provided, and except an- 
nuity or pure endowment contracts, whether or not they 
embody an agreement to refund to the estate of the holder 
upon his death or to a specified payee any sum not exceeding 
the premiums paid thereon with compound interest, and ex- 
cept survivorship annuity contracts, be so issued or delivered 
unless it contains in substance the following :, — and by add- 
ing at the end the four following paragraphs : — 

None of the foregoing provisions, except provisions num- 
bered 6, 8 and 9, shall be required to be contained in indus- 
trial life insurance policies, but such portions of said pro- 
visions numbered 8 and 9 as relate to loans and loan values 
shall not be required to be contained therein. 

Any of the foregoing provisions or portions thereof not 
applicable to single premium or non-participating or term 
policies shall to that extent not be incorporated therein. 

This section shall not apply to policies of group life insur- 
ance issued or delivered in the commonwealth after June 
thirtieth, nineteen hundred and eighteen. 

A policy shall be deemed to contain any such provision in 
substance when in the opinion of the commissioner the pro- 
vision is stated in terms more favorable to the insured or his 
beneficiary than are herein set forth. 

Section 7. Said section one hundred and thirty-two, as 
amended by section one of said chapter one hundred and one 
of the acts of nineteen hundred and thirty-three, is hereby 
further amended by striking out provisions numbered 6, 7, 
8 and 9 and inserting in place thereof the following pro- 
visions: — 6. A provision specifying the nonforfeiture bene- 
fits to which the holder of the policy is entitled under sec- 
tion one hundred and forty-four, together with a provision 
stating the mortality table and interest rate used in com- 
puting said benefits, the manner in which the said benefits 
are altered by the existence of any paid-up additions to the 



Acts, 1943. — Chap. 227. 245 

policy or any indebtedness to the company on the poHcy or 
secured thereby, and the method used in computing such of 
said benefits as are not shown in the table required by pro- 
vision eight. 7. A provision that the holder of the policy 
shall be entitled to a loan thereon from the company, as pro- 
vided in and subject to the provisions of section one hundred 
and forty-two. 8. A table showing in figures the loan values, 
if any, and the amounts of the cash surrender values and 
the paid-up nonforfeiture benefits, if any, available under the 
policy on each anniversary thereof during the first twenty 
years of the policy. 9. A provision that the company may 
defer the granting of any loan other than to pay premiums 
on policies in the company, and the payment of any cash sur- 
render value, for six months from the date of the written 
application, in the case of a loan, and from the date of the 
written election thereof with surrender of the policy, in the 
case of a cash, surrender value. 

Section 8. Said chapter one hundred and seventy-five is g. l. (Xer. 
hereby further amended by striking out section one hundred f*i42/^^' 
and forty-two, as appearing in the Tercentenary Edition, amended. 
and inserting in place thereof the following section : — Sec- Loans on 
Hon 142. After premiums have been paid for at least three p^''"*"® 
full years on any policy of life insurance issued or delivered 
in the commonwealth by any life company, the holder thereof, 
upon written application therefor to the company at its home 
office and upon an assignment of the policy to the company, 
in a form satisfactory to it, shall be entitled to a loan from 
the company of a sum not exceeding its loan value, on the 
sole securit}^ of the policy, with interest at a rate not exceed- 
ing six per cent per annum compounded annually or, at the 
option of the company, compounded semiannually. The 
loan value shall be an amount which, together with interest 
as aforesaid to the end of the current policy year, shall equal 
the cash surrender value available at the end of the said 
policy year under the policy, including the cash surrender 
value of any existing paid-up additions thereto, if the policy 
is then free from indebtedness. The company shall deduct 
from such loan value any existing indebtedness, including 
accrued interest thereon, and may also deduct any unpaid 
portion of the premium for the then current policy year. 
Failure to repay any loan under the policy or to pay in- 
terest thereon shall not avoid the policy until the total in- 
debtedness, including accrued interest thereon, is equal to 
or exceeds the loan value, nor until thirty days after notice 
has been mailed by the company to the last known address 
of the holder. The affidavit of any officer, clerk or agent of 
the company or of any one authorized to mail such notice, 
that the notice required by this section has been duly mailed 
by the company, shall be prima facie evidence that such 
notice was duly given. Nothing in this section shall require 
any company to make a loan upon any policy for less than 
twenty-five dollars. 



246 



Acts, 1943. — Chap. 227. 



G. L. (Ter. 
Ed.), 175, 
§ 143, 
amended. 



Policies 
subject to 
laws limiting 
forfeiture, 
etc. 

G. L. (Ter. 
Ed.), 175, 
§§ 147, 147.\ 
and 147B, 
repealed. 



G. L. (Ter. 
Ed.), 175, 
§ 1, etc., 
amended. 



" Industrial 
life insurance 
policy" 
defined. 



G. L. (Ter. 
Ed.), 175, 
§ 140, etc., 
amended. 



Annual 
dividends, etc. 



Effective date 
and applica- 
tion of act. 



This section shall not apply to term policies, nor to those 
in force as extended term insurance, nor to industrial life 
insurance policies. 

Section 9. Section one hundred and forty-three of said 
chapter one hundred and seventy-five is hereby further 
amended by striking out section one hundred and forty-three, 
as so appearing, and inserting in place thereof the following 
section: — Section 143. All policies of life insurance and 
deferred annuity contracts shall be subject to the laws limit- 
ing forfeiture applicable and in force at the date of their issue. 

Section 10. Section one hundred and forty-seven of said 
chapter one hundred and seventy-five, as amended, section 
one hundred and forty-seven A of said chapter one hundred 
and seventy-five, as appearing in the Tercentenary Edition, 
and section one hundred and forty-seven B of said chap- 
ter one hundred and seventy-five, inserted by chapter two 
hundred and thirty-two of the acts of nineteen hundred and 
thirty-five, are hereby repealed. 

Section 11. Section one of said chapter one hundred 
and seventy-five, as amended, is hereby further amended by 
inserting after the paragraph defining "Foreign company" 
the following paragraph: — 

"Industrial life insurance policy" or "policy of industrial 
life insurance", a policy of life insurance (a) the premiums 
on which are payable weekly, or (b) the premiums on which 
are payable monthly or oftener, but less often than weekly, 
and the face amount of insurance of which is less than one 
thousand dollars and on the face of which the words "indus- 
trial policy" are plainly printed. 

Section 12. Section one hundred and forty of said chap- 
ter one hundred and seventy-five, as amended by section two 
of chapter one hundred and one of the acts of nineteen hun- 
dred and thirty-three, is hereby further amended by strik- 
ing out the second paragraph and inserting in place thereof 
the following paragraph : — 

On industrial life insurance policies the annual surplus 
distribution shall begin not later than the end of the fifth 
policy year, and be applied to the payment of any premiums, 
or at the option of the holder of the policy be made in cash, 
but such distribution shall not be made contingent upon the 
payment of future premiums. 

Section 13. The provisions of this act shall become fully 
effective on January first, nineteen hundred and forty-eight, 
and all policies of life insurance and all annuity and pure en- 
dowment contracts issued or delivered in the commonwealth 
on and after said date by any life insurance company au- 
thorized to transact business therein shall conform and be 
subject to said provisions. 

Anything in this act to the contrary notwithstanding, any 
such life insurance company may file with the commissioner 
of insurance a written notice of its election to comply with 
the provisions of this act on and after a date specified in 
such notice occurring before January first, nineteen hundred 



Acts, 1943. — Chap. 227. 247 

and forty-eight, and upon such specified date the provisions 
of this act shall become operative with respect to the poli- 
cies and contracts issued on or after such specified date by 
such company. The reserve liability of such company with 
respect to all policies and contracts issued by it on and after 
such specified date shall be computed by said commissioner 
in accordance with and subject to the provisions of section 
nine of chapter one hundred and seventy-five of the General 
Laws, as amended by section one of this act, which are ap- 
plicable to the computation of the reserve liability with re- 
spect to policies and contracts issued on and after January 
first, nineteen hundred and forty-eight. 

Anything in this act to the contrary notwithstanding, all 
policies of life insurance and all annuity and pure endow- 
ment contracts issued or delivered in the commonwealth by 
any life insurance company prior to the date specified in such 
a notice, if one is filed by it, otherwise prior to January first, 
nineteen hundred and forty-eight, shall conform and be sub- 
ject to all applicable provisions of said chapter one hundred 
and seventy-five, as in force immediately prior to the effective 
date of this act. 

This section shall not apply to savings and insurance banks, 
as defined in section one of chapter one hundred and seventy- 
eight of the General Laws, nor to policies or contracts issued 
by them, nor shall the words "life insurance company" as 
used in this section be taken to include any such bank. 

Section 14. Sections one to twelve, inclusive, of this act Exceptions, 
shall not apply to savings and insurance banks, as defined in ^ ''' 
section one of chapter one hundred and seventy-eight of the 
General Laws, nor to policies or contracts issued by them, 
unless and until the General Insurance Guaranty Fund, a 
body corporate existing under chapter twenty-six of the 
General Laws, shall have filed with the commissioner of in- 
surance a written notice of its election that such banks shall 
comply with said sections on and after a specified date, and, 
if such written notice is so filed, then upon such specified 
date the provisions of said sections shall become operative 
with respect to such banks and the policies and contracts 
thereafter issued by them, notwithstanding said chapter one 
hundred and seventy-eight. Anything in this act to the 
contrary notwithstanding, all policies of life insurance and 
all annuity and pure endowment contracts issued by such 
banks, except those issued after the date specified in such a 
notice if one is so filed, shall conform to and be subject to 
all the provisions of said chapter one hundred and seventy- 
eight and, so far as made applicable by said chapter, to the 
provisions of chapter one hundred and seventy-five of the 
General Laws, as in force immediately prior to the effective 
date of this act. Approved May 6, 19 43. 



248 



Acts, 1943. — Chaps. 228, 229. 



Chap.22S An Act making certificates of copies of records in 

THE office of THE STATE SECRETARY RELATING TO BIRTHS, 
marriages and deaths admissible IN EVIDENCE. 

Be it enacted, etc., as follows: 

. Section 1. Chapter forty-six of the General Laws is 
hereby amended by striking out section nineteen, as appear- 
ing in the Tercentenary Edition, and inserting in place 
thereof the following section: — Section 19. The record 
of the town clerk relative to a birth, marriage or death shall 
be prima facie evidence of the facts recorded. A certificate 
of such a record, signed by the town clerk or assistant clerk, 
or a certificate of the copy of the record relative to a birth, 
marriage or death required to be kept in the state secre- 
tary's office, signed by said state secretary or one of his 
deputies, shall be admissible as evidence of such record. 

Section 2. This act shall take effect on October first 
in the current year. Approved May 5, 1943. 



G, L. (Ter. 
Ed.), 46, § 19, 
amended. 



Clerk's and 
state secre- 
tary's record 
to be prima 
facie evidence. 



Effective date. 



G. L. (Ter. 
Ed.), 4.3, § 440, 
etc., amended. 



Chav. 22Q An Act relative to the time for filing certain nomina- 
tion statements, petitions or other papers by candi- 
dates to be voted for at preliminary elections in 
cities, and relative to the certification of the 
names of the signers of such petitions or other 

PAPERS. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section forty-four C of 
chapter forty-three of the General Laws, as most recently 
amended by chapter one hundred and forty-seven of the 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by striking out, in the sixth and seventh lines, the 
words "at least twenty days prior to such preliminary 
election" and inserting in place thereof the words: — within 
the time prescribed by section ten of chapter fifty-three in 
the case of preliminary elections in cities, — so as to read as 
follows : — Any person who is qualified to vote for a candi- 
date for any elective municipal office 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 preliminary election; provided, that within the time 
prescribed by section ten of chapter fifty-three in the case 
of preliminary elections in cities he shall file with the city 
clerk a statement in writing of his candidacy, and with it 
the petition of at least fifty voters, qualified to vote for a 
candidate for the said office. Said statement and petition 
shall be in substantially the following form : — 

Section 2. Chapter fifty-three of the General Laws 
is hereby amended by inserting after section seven, as 
amended, the following section : — Section, 7 A . Except 
where otherwise provided by law, every nomination petition 



Candidates for 

nomination, 

eligibility. 



Statement 
and petition. 



G. L. (Ter. 
Ed.), 5.3, new 
§ 7A, added. 

Candidates for 
nomination 
for city 
office, etc. 



Acts, 1943. — Chap. 229. 249 

or other like paper of a candidate for a city office in a city 
wherein preliminary elections for the nomination of candi- 
dates for such office are held 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. In each case the registrars shall check each name to be 
certified by them on the nomination petition or other like 
paper and shall forthwith certify thereon the number of 
signatures so checked which are names of voters both in the 
city 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 regis- 
trars 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 petitions or 
other like papers. 

Section 3. The second paragraph of section ten of said g. l. (Ter. 
chapter fifty-three, as most recently amended by section etc!, 'amended'. 
four of chapter four hundred and seventy-two of the acts of 
nineteen hundred and forty-one, is hereby further amended 
by adding at the end the following sentence : — In any city 
where preliminary elections for the nomination of candi- 
dates for a city office are held, nomination petitions or other 
like papers required to be filed by such candidates shall 
be filed on or before the twenty-first day preceding the day 
of the preliminary election, notwithstanding any contraiy 
provision in any special law, — so as to read as follows : — 

In any city which does not accept section one hundred Thue for 
and three A of chapter fifty-four, certificates of nomination cau-l If ' 
for city offices and nomination papers shall be filed on or "nd 'no^min"ation 
before the twenty-first day preceding the day of the elec- papers. 
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 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 nomina- 
tion papers for such primaries. In any city where preliminary 
elections for the nomination of candidates for a city office 
are held, nomination petitions or other like papers required 
to be filed by such candidates shall be filed on or before the 
twenty-first day preceding the day of the preliminary elec- 
tion, notwithstanding any contrary provision in any special 
law. Approved May 6, 1943. 



to be furnished. 



250 Acts, 1943. — Chap. 230. 



Chap. 230 An Act relative to the appointment of election offi- 
cers IN CITIES. 

Be it enacted, etc., as follows: 

Edo.'il.l'iiB, Chapter fifty-four of the General Laws is hereby amended 
etc., 'amended. ' by Striking out section eleven B, inserted by section two of 
chapter four hundred and thirty-two of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
deliring^'^'^^""^ following scctiou ! — Sectton 11 B. The chairman of the city 
appointment ^ committcc 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 lists of enrolled 
members of such party who desire appointment as election 
officers as submitted to him by the several ward committees. 
Upon the filing of such lists the registrars shall forthwith 
proceed to the consideration thereof and shall, on or before 
June thirtieth, submit to the mayor or other appointing au- 
thority the names of persons whose names appear on the 
lists, who in their opinion are qualified to act as election 
officers. The lists submitted by the several ward commit- 
tees shall contain not more than eight names for each office 
to be filled. Supplemental lists for any election district as 
submitted by the several ward committees therein may be 
filed by the said chairman at any time before the appoint- 
ments for such district are made, for the purpose of filling 
Vacancies which may occur in the original 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 supplemental fist. 

If, upon the expiration of fifteen days after notice given in 
writing prior to June fifteenth in any year 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 not have filed original or supplemental lists, 
the mayor or other appointing authority may appoint as 
election officers enrolled members of the party who, in the 
opinion of the mayor or other appointing authority, are 
qualified to act as such. 

The registrars may, if they deem it necessary, conduct 
examinations of persons whose names appear on the lists 
filed hereunder. Five days' notice shall be given of any such 
examination. The chairman of each city committee may 
appear and be heard either in person or by counsel, during 
the conduct of such examinations. 

Approved May 5, 1943. 



Acts, 1943. — Chaps. 231, 232, 233. 251 



An Act subjecting to the civil service laws the offices QJiaj) 231 

AND positions OF THE MUNICIPAL EMPLOYMENT BUREAU 
OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The offices and positions of the municipal 
employment bureau of the city of Boston shall, upon the 
effective date of this act, become subject to the civil service 
laws and the rules and regulations thereunder, and the terms 
of office of any incumbents of said offices and positions shall 
be unlimited, subject to said laws. The persons holding said 
offices and positions on said effective date shall be subjected 
to a non-competitive qualifying examination by the division 
of civil service, and those passing said examination shall be 
certified for their respective offices and positions and shall 
be deemed to be permanently appointed thereto without 
being required to serve any probationary period. 

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

Approved May 5, 1943. 

An Act to permit the admission in evidence of declara- Chav. 2S2 
tions of deceased persons made after the commence- 

MENT of actions AND OTHER CIVIL JUDICIAL PROCEEDINGS. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and thirty-three of the o. l. (Ter. 
General Laws is hereby amended by striking out section f e's,' et^c^,' 
sixty-five, as amended by section one of chapter one hundred amended. 
and five of the acts of the current year, and inserting in place 
thereof the following section : — Section 65. In any action Declaration 
or other civil judicial proceeding, a declaration of a deceased perlon*^''*^'^ 
person shall not be inadmissible in evidence as hearsay or as 
private conversation between husband and wife, as the case 
may be, if the court finds that it was made in good faith and 
upon the personal knowledge of the declarant. 

Section 2. This act shall take effect on October first in Effective date. 
the current year. Approved May 5, 19A3. 

An Act relative to the admissibility in evidence of (Jhnj) 233 
copies of hospital records. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-nine of chapter two hundred Sj^' .^Xf v ^n 

iii'i.i ci/^ IT 111 J • Ed.), 233, 8 79, 

and thirty-three of the General Laws, as amended by section etc., amended. 

two of chapter three hundred and eighty-nine of the acts of 

nineteen hundred and forty-one, is hereby further amended 

by inserting after the word ''cases" in the fifth line the 

words : — and the court may, in its discretion, admit copies 

of such records, if certified by the persons in custody thereof 

to be true and complete, — so as to read as follows : — Sec- Admissibility 

tion 79. Records kept by hospitals under section seventy of records!*'"' 



252 



Acts, 1943. — Chap. 234. 



Effective date. 



chapter one hundred and eleven shall be admissible as evi- 
dence in the courts of the commonwealth so far as such rec- 
ords relate to the treatment and medical history of such cases 
and the court may, in its discretion, admit copies of such 
records, if certified by the persons in custody thereof to be 
true and complete; but nothing therein contained shall be 
admissible as evidence which has reference to the question 
of liability. Copies of photographic or micro-photographic 
records so kept by hospitals, when duly certified by the per- 
son in charge of the hospital, shall be admitted in evidence 
equally with the original photographs or micro-photographs. 
Section 2. This act shall take effect on October first in 
the current year. Approved May 6, 1943. 



Chap. 2S4: ^^ ^CT TO PROVIDE RELIEF AGAINST EXCESSIVE ATTACH- 
MENTS. 



G. L. (Ter. 
Ed.), 22.3, 
new § 42A, 
added. 

Amount of 
attachment by 
trustee process 
limited. 



G. L. (Ter. 
Ed.), 22.3, 
§ 114, etc., 
amended. 



Excessive 
attachment, 
how reduced 
or discharged. 



Be it enacted, etc., as folloios: 

Section 1. Chapter two hundred and twenty-three of the 
General Laws is hereby amended by inserting after section 
forty-two, as amended, the following section : — Section 42A. 
In an action or suit for an amount which is liquidated or 
ascertainable by calculation, no attachment by trustee proc- 
ess or otherwise shall be made for a larger sum than the 
amount of the claim and such additional amount as is rea- 
sonably necessary to include interest thereon and costs likely 
to be taxed in the action. 

Section 2. Said chapter two hundred and twenty-three 
is hereby further amended by striking out section one hun- 
dred and fourteen, as amended by section one of chapter 
three hundred and twenty-five of the acts of nineteen hun- 
dred and thirty-eight, and inserting in place thereof the fol- 
lowing section: — Section llJf.. If an excessive or unreason- 
able attachment, by trustee process or otherwise, is made on 
mesne process, the defendant or person whose property has 
been attached may apply in writing, in any county, to a 
justice of the court to which such process is returnable, for 
a reduction of the amount of the attachment or for its dis- 
charge; and such justice shall order a notice to the plain- 
tiff, or, if the plaintiff is a non-resident, to his attorney, which 
shall be returnable before himself or any other justice of the 
same court as speedily as circumstances permit. If, upon a 
summary hearing of the parties, it is found that the action 
is one to recover for an amount which is liquidated or ascer- 
tainable by calculation, and the attachment is for a larger 
sum than the amount of the claim and such additional amount 
as is reasonably necessary to include interest thereon and 
costs likely to be taxed in the action, or if it appears that 
the amount of the claim is unliquidated and unascertainable 
by calculation and that the amount of the attachment is 
excessive or unreasonable, the court shall reduce or dissolve 



Acts, 1943. — Chap. 235. 253 

the attachment or order a part of the goods, estates, effects 
or credits to be released. 

Section 3. This act shall tate effect on October first in Effective date, 
the current year. Ayproved May 5, 1943. 

An Act further regulating the conversion of co- (JfiQ^nj 235 

OPERATIVE BANKS INTO FEDERAL SAVINGS AND LOAN ^' 

ASSOCIATIONS. 

Whereas, Under the present law relative to conversion of ^j.'p^^fy"'^^ 
a co-operative bank into a federal savings and loan associa- 
tion such a bank may so convert upon vote of a majority of 
its shareholders and the best interests of the banking struc- 
ture of the commonwealth requires that the law be so changed 
as to make such conversion less easy to accomplish and 
thereby to prevent impairment of the safety of co-operative 
bank shares, and the deferred operation of this act would 
in part defeat its purpose, which is to make immediately 
effective such change in the law relative to conversions, 
therefore it is hereby declared to be an emergency law, nec- 
essary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section fifty A of g^l. |Ter. 
chapter one hundred and seventy of the General Laws, as §^50A, etc., 
amended by section two of chapter one hundred and sixty- ^^^nded. 
two of the acts of nineteen hundred and thirty-eight, is 
hereby further amended by striking out, in the fourth line, 
the words "a majority", and inserting in place thereof the 
words : — two thirds, — so as to read as follows : — Any Conversion 
corporation may convert itself into a federal savings and salhig^rnd 
loan association, or other federal agency of a like nature, if |°^"g^*'*;°o'^''*' 
authorized by a vote of at least two thirds of all the share- cedure. 
holders of such corporation, entitled to vote, voting in per- 
son or by proxy at a meeting especially called to consider 
the subject. Notice of such special meeting, containing a 
statement of the time, place and the purpose for which such 
meeting is called, shall be sent by the clerk of the corpora- 
tion to each shareholder thereof by mail, postage prepaid, 
at least thirty days before the date of the meeting. Notice 
of the meeting shall also be advertised three times in one or 
more newspapers published in the city or town in which the 
main office of the corporation is situated, and if there be no 
such newspaper, then in a newspaper pubhshed in the county 
where the town is situated, the last publication to be at least 
one day before the meeting. 

Section 2. The privilege of conversion permitted by Operation 
said section fifty A shall not be exercised by any co-opera- deferred. 
tive bank during the period of two years immediately fol- 
lowing the effective date of this act. 

Approved May 6, 1943. 



254 



Acts, 1943. — Chaps. 236, 237. 



Chap. 236 An Act relative to the method of computation of 

PAYMENTS to THE FUNDS OF ANY COUNTY RETIREMENT 
SYSTEM BY CERTAIN SMALL TOWNS WHOSE EMPLOYEES ARE 
MEMBERS OF SAID SYSTEM. 



Emergency 
preamble. 



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



Certification 
to selectmen 
by county 
retirement 
board. 



Computation 
of amounts 
payable. 



Whereas, The result of the deferred operation of this act 
would be to continue, during the period of deferment, an 
improper method of allocating to certain towns the costs of 
maintenance of certain retirement systems; therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-one I of chapter thirty-two of 
the General Laws, as amended, is hereby further amended 
by striking out paragraph (4) (6), as appearing in chapter 
three hundred and seventy-seven of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
following paragraph : — 

(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, as actu- 
arially computed, and the town shall pay to the several 
funds the amounts so payable. Should any such town fail 
to include the amounts so certified in the town appropria- 
tion the assessors shall nevertheless include said amounts jn 
the tax levy. 

Section 2. All amounts payable by any town to the 
funds of the retirement system of any county under para- 
graph (4) (6) of section thirty-one I of chapter thirty-two of 
the General Laws during the current year shall be computed 
in the manner provided by paragraph (4) (b), as amended 
by section one of this act. Approved May 6, 1943. 



Chap. 237 An Act providing for notice to the commissioner of 

BANKS OF CERTAIN TRANSFERS OF STOCK OF TRUST COM- 
PANIES. 



G. L. (Ter. 
Ed.), 172, new 
§ 19A, added. 

Transfer of 
stock, notice of. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy-two of the General Laws 
is hereby amended by inserting after section nineteen, as 
amended, the following section: — Section 19 A. The regis- 
trar, transfer agent or other officer or agent of any such cor- 
poration having charge of its stockholders' records or ledger 
shall, within ten days after recording thereon any transfer 
of stock of the corporation which makes the transferee the 
owner of record of ten per cent or more of the outstanding 
stock with voting power, report such transfer to the com- 



Acts, 1943. — Chap. 238. 255 

missioner. Whoever violates this section shall be punished 
by a fine of not more than five hundred dollars or by im- 
prisonment for not more than six months, or both. 

Approved May 6, 1943. 

An Act further regulating the admission of certain Qfidj) 238 

FOREIGN FRATERNAL BENEFIT SOCIETIES TO TRANSACT 
business WITHIN THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-six of the g. l. (Ter. 
General Laws is hereby amended by inserting after section f 42A^Idded!^ 
forty-two, as amended, the following new section: — Sec- Foreign 
tion 42 A . A foreign society, if formed under the laws of any {"^n^^i^l*" ^ 
government or state other than the United States or one of etc. '^ 
the United States, shall not be admitted and authorized to 
transact business in the commonwealth until, besides com- 
plying with the conditions of sections forty-one and forty- 
two, it has satisfied the commissioner that it hafe made a 
deposit, as hereinafter provided, with the state treasurer or 
with the proper board or officer of some other state of the 
United States or with trustees who are citizens or corpora- 
tions of the United States and approved by the commissioner, 
appointed under a deed of trust executed in a form approved 
by the attorney general and the commissioner and who have 
filed with the commissioner a bond, in a form approved by 
the attorney general and the commissioner, with a surety 
company authorized to transact business in the common- 
wealth as surety, and in such sum as the commissioner may 
require, conditioned upon the faithful performance of their 
duties, and running to the commissioner or his successor for 
the benefit of all the members, certificate holders and credi- 
tors within the United States of such society. Such deposit 
shall be held in exclusive trust for the benefit and security 
of all the members, certificate holders and creditors in the 
United States of such society, and shall be in an amount not 
less than the reserves with respect to all its outstanding cer- , 
tificates of membership held by residents of the United States 
and may be made in the securities and subject to the limita- 
tions specified in sections sixty-three and sixty-six of chap- 
ter one hundred and seventy-five, or in cash or such other 
securities as the commissioner may approve. If made with 
the state treasurer, such deposit shall not be returned to the 
society until it has ceased to transact business in the com- 
monwealth, nor until the commissioner is satisfied that the 
society is under no obligation to members, certificate holders 
or other persons in this commonwealth or in any other state 
of the United States for whose benefit such deposit was 
made, nor until he has given his written consent to such 
return; provided, that the commissioner may, in any case, 
authorize in writing the return to the society of any excess 
of any such deposit over the amount required by this sec- 



256 



Acts, 1943. — Chap. 238. 



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



Certain 
deposits to be 
held in trust. 



G. L. (Ter. 
Ed.), 176, § .5, 
etc., amended. 



tion if he is satisfied that such return will not be prejudicial 
to the interests of its members, certificate holders or creditors. 

Section 2. Chapter one hundred and seventy-five of the 
General Laws is hereby amended by striking out section one 
hundred and eighty-five, as most recently amended by sec- 
tion two of chapter six hundred and fifty-four of the acts of 
nineteen hundred and forty-one, and inserting in its place 
the following section: — Section 185. The state treasurer in 
his official capacity shall take and hold in trust deposits made 
by any domestic company for the purpose of complying with 
the laws of this commonwealth or of any other state or 
country to enable such company to do business in such state 
or country, and also in like manner take and hold any de- 
posit made by a foreign company or foreign fraternal bene- 
fit society 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 or society making such deposit shall be en- 
titled to the income thereof, and may from time to time, 
with the consent of the treasurer, when not forbidden by 
the law under which the deposit is made, change in whole or 
in part the securities composing the deposit for other ap- 
proved securities of equal par value. 

The state treasurer may, upon written request of any do- 
mestic 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 re- 
quired to be held by any provision of law of this common- 
wealth or of any such other state or country or for the pur- 
pose of the original deposit. He shall return to an}^ foreign 
company or foreign fraternal benefit society the whole or any 
portion of any deposit held by him on behalf of such company 
or such society, upon the written order of the commissioner. 

A company or society which has made such deposit, or its 
trustees or resident manager in the United States, or the 
commissioner, or any creditor of such company or society 
may at any time bring, in the supreme judicial court for the 
county of Suffolk, a suit in equity against the commonwealth 
and other parties properly joined therein to enforce, admin- 
ister or terminate the trust created by such deposit. The 
process in such suit shall be served on the state treasurer, 
who shall appear and answer on behalf of the commonwealth 
and perform such orders and decrees as the court may make 
thereon. 

Section 3. Section five of said chapter one hundred and 
seventj^-six, as most recently amended by section two of 
chapter fourteen of the acts of nineteen hundred and thirty- 
four, is hereby further amended by striking out, in the fourth 
line, the word "and" the last time it occurs therein and in- 
serting in place thereof a comma, — and by inserting before 
the word ''of" in the sixth line the words: — and one hun- 
dred and eighty-five. Approved May 6, 1943. 



Acts, 1943. — Chaps. 239, 240. 257 



An Act penalizing the importing, printing, publish- Qfidj) 239 

ING, SALE OR DISTRIBUTION OF OBSCENE PHONOGRAPHIC 
RECORDS. 

Be it enacted, etc.,' as follows: 

Section twenty-eieht of chapter two hundred and seventy- g. l. (Ter. 
twp of the General Laws, as amended by chapter two hun- §28, etc.,' 
dred and thirty-one of the acts of nineteen hundred and amended, 
thirty-four, is hereby further amended by inserting in the 
second and in the ninth hues, after the word "paper", in 
each instance, the words : — , phonographic record, — so 
as to read as follows : — Section 23. Whoever imports, Penalty for 
prints, publishes, sells or distributes a book, pamphlet, tribudJn^of 
ballad, printed paper, phonographic record or other thing °J^®g''"^p''*'"''*' 
which is obscene, indecent or impure, or manifestly tends 
to corrupt the morals of youth, or an obscene, mdecent or 
impure print, picture, figure, image or description, mani- 
festly tending to corrupt the morals of youth, or introduces 
into a family, school or place of education, or buys, procures, 
receives or has in his possession any such book, pamphlet, 
ballad, printed paper, phonographic record, obscene, indecent 
or impure print, picture, figure, image or other thing, either 
for the purpose of sale, exhibition, loan or circulation or 
with intent to introduce the same into a family, school or 
place of education, shall, for a first offence, be punished by 
imprisonment for not more than two years or by a fine of 
not less than one hundred nor more than one thousand 
dollars, or both, and for a subsequent offence by imprison- 
ment for not less than six months nor more than two and 
one half years or by a fine of not less than two hundred nor 
more than two thousand dollars, or both. 

Approved May 6, 1943. 



An Act relative to the furnishing of ballot boxes Chap. 240 

TO CITIES AND TOWNS FOR ELECTION PURPOSES. 

Be it enacted, etc., as follows: 

Section twenty-six of chapter fifty-four of the General EdV"5l'^§'26 
Laws, as amended by section one of chapter two hundred etc., 'amended'. 
and eighty-one 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 26. The state ballot 
state secretary shall, at the expense of the commonwealth, countinglip- 
provide every city and town for use at every polling place ''rovided*° ^"^ 
therein with a state ballot box and counting apparatus when. 
approved by the board of voting machine examiners as pro- 
vided in section thirty-two. Approved May 6, 1943. 



258 Acts, 1943. — Chap. 241. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, June 15, 1943. 

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

Sir: — I, Leverett Saltonstall, by virtue of and in accord- 
ance with the provisions of the Forty-eighth Amendment 
to the Constitution, ''The Referendum II, Emergency Meas- 
ures", do declare that in my opinion, the immediate preser- 
vation of the pubHc peace, health, safety, or convenience 
requires that the law passed on the sixth day of May in the 
year nineteen hundred and forty-three entitled, "An Act 
relative to the furnishing of ballot boxes to cities and towns 
for election purposes" should take effect forthwith, that it 
is an emergency law and that the facts constituting the 
emergency are as follows : 

Because it is necessary to provide ballot boxes for certain 
new voting precincts in which elections will be held in 1943 
and war priority regulations make it difficult and slow to 
obtain the necessary metals for their construction. 
Very truly yours, 

Leverett Saltonstall, 
Governor of the Commonwealth. 

Office of the Secretary, Boston, June 15, 1943. 

I hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at twelve o'clock and two 
minutes, p.m., on the above date, and in accordance with 
Article Forty-eight of the Amendments to the Constitution 
said chapter takes effect forthwith, being chapter two hun- 
dred and forty of the acts of nineteen hundred and forty- 
three. 

F. W. Cook, 
Secretary of the Commonwealth. 



Chap. 24:1 An Act relating to the quality of coal sold or offered 

FOR SALE IN THE COMMONWEALTH. 

prTfmbiT^ Whereas, Because the serious shortage of fuel oil and the 

necessary conversion to the use of coal by persons using oil 
for heating purposes may result in an immediate shortage 
of coal and the sale of inferior grades of coal in the common- 
wealth, therefore this act 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: 

Edo.gl'"^' Section 1. Chapter ninety-four of the General Laws is 

§ 248, etc., hereby amended by striking out section two hundred and 

amen e . forty-cight, as most recently amended by section fourteen of 

chapter two hundred and sixty-one of the acts of nineteen 



Acts, 1943. — Chap. 241. 259 

hundred and thirty-nine, and inserting in place thereof the 
following section : — Section 248. Whoever violates any pro- Penalty for 
vision of sections two hundred and forty to two hundred and offences. 
forty-seven, inclusive, if no other penalty is provided therein, 
or of a rule or regulation made under section two hundred 
and thirty-nine A, or fails to comply with any request for 
information or direction made under authority of sections 
two hundred and forty, two hundred and forty-one, two 
hundred and forty-four to two hundred and forty-six, inclu- 
sive, or gives a false answer to any such request, shall be 
punished by a fine of not more than fifty dollars; and who- 
ever is guilty of fraud or deceit as to the weighing, selling 
or delivering of coke, charcoal or coal, or whoever, by him- 
self, or by his servant, agent or employee, sells or delivers 
or attempts to sell or deliver coal which is short in weight 
or which contains an unreasonable amount of shale, slate, 
rock or other foreign substance or which produces an exces- 
sive amount of non-combustible residue, including ash, shall 
be punished by a fine of not more than one thousand dollars 
or by imprisonment for not more than one year, or both. 
The director of standards and necessaries of life and local 
sealers of weights and measures shall cause sections two 
hundred and forty to two hundred and forty-nine, inclusive, 
and rules and regulations made under section two hundred 
and thirty-nine A, to be enforced. 

Section 2. Said chapter ninety-four is hereby further g. l. (Xer. 
amended by striking out section two hundred and forty-nine f 249E^ 
E, as appearing in the Tercentenary Edition, and insert- amended. 
ing in place thereof the following section : — Section 249E. Placing, etc., 
Whoever, by himself, or by his servant, agent or employee, substaJfcL in 
in placing or packing coal in any basket, bag, sack or other ''°^^- 
receptacle, places or causes to be placed therein any foreign Penalty. 
substance, or sells, or exposes or offers for sale, or has in his 
custody or possession with intent to sell, coal placed or 
packed in a basket, bag, sack or other receptacle containing 
an unreasonable amount of any foreign substance or produc- 
ing an excessive amount of non-combustible residue, includ- 
ing afeh, 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 3. Said chapter ninety-four is hereby further g. l. (Ter. 
amended by inserting after section two hundred and forty- f249Et^ ,"'''' 
nine E, as so appearing, the following section: — Section added. 
249Ey2. It shall be presumed in a prosecution under sec- non-combus-^ 
tion two hundred and forty-eight or section two hundred and tibie residue 
forty-nine E that the non-combustible residue, including ash, regXted. 
is excessive if a test, as determined by the current standard 
method of tests for sampling and analysis for coal and coke 
as pubhshed by the American Society for Testing Materials 
and designated as D 271, with the year of publication, pro- 
duces non-combustible residue, including ash, in excess of the 
following percentages : 



260 



Acts, 1943. — Chaps. 242, 243. 



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



Enforcement 
of act. 



Trade Term. 

Broken . 
Egg 

Stove 

Chestnut 

Pea 



Maximum 

Non-Combustible 

Residue, 

including Ash 

(Dry Basis) 

(Per Cent). 

12.5 
12.5 
13.5 
14.0 
15 5 



Section 4. Section two hundred and forty-nine F of said 
chapter ninety-four, as amended by section seventeen of 
chapter two hundred and sixty-one of the acts of nineteen 
hundred and thirty-nine, is hereby further amended by strik- 
ing out in the fourth line the words "the five preceding 
sections", — and inserting in place thereof the words: — 
sections two hundred and forty-nine A to two hundred and 
forty-nine Fi}y^, inclusive, — so as to read as follows : — Sec- 
tion 2J^9F. The department of public health, local boards of 
health, the director of standards and necessaries of life and 
local sealers of weights and measures shall cause sections 
two hundred and forty-nine A to two hundred and forty- 
nine E^, inclusive, to be enforced. 

Approved May 6, 19 43. 



Chap. 242 An Act validating certain action taken by the town 

OF MARSHFIELD IN RESPECT TO PROVIDING ADEQUATE 
TRANSPORTATION SERVICE THEREIN. 

Be it enacted, etc., as follows: 

Section 1. The action of the inhabitants of the town of 
Marshfield, at a special town meeting held on June thirteenth, 
nineteen hundred and forty-two, in voting to pay from sur- 
plus the sum of fifteen hundred dollars to provide adequate 
transportation service, by bus or otherwise, for the town 
and to avoid a reduction or discontinuance of such service, 
and in voting to authorize the selectmen to enter into agree- 
ments with transportation companies for said purpose, is 
hereby ratified and confirmed to the extent that such action 
was taken without authority of law. 

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

Approved May 6, 1943. 



Chap. 24:3 An Act relative to the pensioning of laborers, fore- 
men, MECHANICS, CRAFTSMEN AND CHAUFFEURS IN THE 
EMPLOY OF THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter sixty-one of the acts 
of nineteen hundred and thirty, as amended by section 
one of chapter four hundred and thirty-two of the acts of 
nineteen hundred and thirty-five, is hereby further amended 
by striking out, in the thirteenth line, as appearing in said 
section one of said chapter sixty-one, the words "annual 



Acts, 1943. — Chap. 244. 261 

compensation paid him as a laborer" and inserting in place 
thereof the words: — highest compensation paid since May 
first, nineteen hundred and thirty-one, for the grade held by 
him, — so as to read as follows : — Section 1 . Any laborer 
in the employ of the city of Lowell who has reached the 
age of sixty and has been in such employ for a period of 
not less than twenty-five years and has become physically 
or mentally incapacitated for labor, and any laborer in the 
employ of said city who has been in such employ for a period 
of not less than fifteen years and has become physically 
or mentally incapacitated for labor by reason of any injury 
received in the performance of his duties for said city, may, 
at his request and with the approval of the mayor and city 
council, be retired from service; and if so retired he shall 
receive from said city for the remainder of his life an annual 
pension equal to one half the highest compensation paid 
since May first, nineteen hundred and thirty-one, for the 
grade held by him at the time of his retirement. Any laborer 
in the employ of said city who has reached the age of sixty- 
five and has been in such employ for a period of not less 
than twenty-five years, including the time when incapaci- 
tated by reason of sickness, not exceeding two years in the 
aggregate, as certified by a physician in regular standing, 
shall be retired from service, and shall receive from said city 
an annual pension computed in the manner hereinbefore 
set forth. The word "laborer", as used in this section shall 
include foremen, mechanics, craftsmen and chauffeurs. 
Section 2. This act shall take effect upon its passage. 

Ay-proved May 6, 1943. 

An Act relative to the detention, commitment and fhn^ 944 

CARE OF children BETWEEN SEVEN AND SEVENTEEN "* 

YEARS OF AGE IN LOCKUPS, POLICE STATIONS, HOLSES OF 
DETENTION, JAILS AND HOUSES OF CORRECTION, PENDING 
ARRAIGNMENT, EXAMINATION OR TRIAL BY THE COURTS. 

Whereas, The deferred operation of this act would result Emergency 
in unnecessary delay in checking the present prevalence of p^'^'^^n'^''^- 
juvenile delinquency, largely due to existing war time con- 
ditions, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and nineteen of the o. l. (Ter. 
General Laws is hereby amended by striking out section §^56' ^^^' 
fifty-six, as appearing in the Tercentenary Edition, and in- amended. 
serting in place thereof the following section : — Section 56. ^''^^jf g^^ 
Hearings upon cases arising under sections fifty-two to ' 
sixty-three, inclusive, may be adjourned from time to time. 
A child adjudged a wayward child or delinquent child may 
appeal to the superior court upon adjudication, and also 
may appeal to said court at the time of the order of com- 



262 



Acts, 1943. — Chap. 244. 



G. L. (Ter. 
Ed.), 119, 
§§ 00-69, etc., 
amended. 

Detention of 
phil Iren in 
lockups, etc., 
regulated. 



Proceedings 
to avoid 
incarceration 
of children, 
etc. 



mitment or sentence, and such child shall, at the time of 
such adjudication and also at the time of such order of com- 
mitment or sentence, be notified of his right to appeal. If 
such child appeals to the superior court at either of said 
times, said court shall thereupon have jurisdiction of such 
case, and such case shall forthwith be entered in said court. 
The appeal, if taken, shall be tried and determined in like 
manner as appeals in criminal cases, except that the trial 
of said appeals in the superior court shall not be in con- 
junction with the other business of that court, but shall be 
held in a session set apart and devoted for the time being 
exclusively to the trial of juvenile cases. This shall be 
known as the juvenile session of the superior court, and 
shall have a separate trial list and docket. All appealed 
juvenile cases in the superior court shall be transferred to 
this list, and shall be tried, unless otherwise disposed of 
by direct order of the court. In any appealed case the 
superior court, before passing sentence or before ordering 
other disposition, shall be supphed with a report of any 
investigation thereon made by the probation officer of the 
court from which the appeal was taken. Section thirty-five 
of chapter two hundred and seventy-six and section eighteen 
of chapter two hundred and seventy-eight, relative to recog- 
nizances in cases continued or appealed, shall apply to cases 
arising under sections fifty-two to sixty-three, inclusive. 

Section 2. Said chapter one hundred and nineteen is 
hereby further amended by striking out sections sixty-six 
to sixty-nine, inclusive, as amended, and inserting in place 
thereof the four following sections: — Section 66. Except 
as otherwise provided in section sixty-seven, and in section 
twelve of chapter one hundred and twenty, no child under 
seventeen years of age shall be detained by the police in a 
lockup, police station or house of detention pending arraign- 
ment, examination or trial by the court. Except as other- 
wise provided in section sixty-eight, no child under seventeen 
years of age except when charged with an offense punishable 
by death or life imprisonment shall be committed by the 
court to a jail or house of correction or to the state farm, 
pending further examination or trial by the court or pending 
any continuance of his case or pending the prosecution of 
an appeal to the superior court or upon adjudication as a 
delinquent child. 

Section 67. Whenever a child between seven and seven- 
teen years of age is arrested with or without a warrant, as 
provided by law, the officer in charge of the place of custody 
to which the child has been taken shall immediately notify 
the probation officer of the district court within whose 
judicial district such child was arrested and at least one of 
the child's parents, or, if there is no parent, the guardian 
or person with whom it is stated that such child resides, 
and shall inquire into the case. Pending such notice and 
inquiry, such child shall be detained. Upon the acceptance 



Acts, 1943. — Chap. 244. 263 

by the officer in charge of said place of custody of the written 
promise by said parent, guardian or any other reputable 
person to be responsible for the presence of such child in 
court at the time and place when such child is to appear or 
upon the receipt by such officer in charge from said proba- 
tion officer of a written request for the release of such child 
to him, such child shall be released to said person giving 
such promise or to said probation officer making such request; 
provided, that if the arresting officer requests in writing that 
a boy between twelve and seventeen years of age or a girl 
between fourteen and seventeen years of age be detained, 
or if the court or trial justice issuing a warrant for the 
arrest of a boy between twelve and seventeen years of age 
or a girl between fourteen and seventeen years of age directs 
in the warrant that such child shall be held in safe keeping 
pending his appearance in cdurt, such child shall be detained 
in a police station or house of detention pending his appear- 
ance in court; and provided, further, that nothing contained 
in this section shall prevent the admitting of such child to 
bail in accordance with law. Said probation officer shall 
notify such child of the time and place of the hearing of 
his case. 

Section 68. A child between seven and fourteen years of Children held 
age held by the court for further examination, trial or con- for examina- 
tinuance, or to prosecute an appeal to the superior court, if 
unable to furnish bail shall be committed by the court to 
the care of the department or of a probation officer who 
shall provide for his safe keeping and for his appearance at 
such examination or tiial, or at the prosecution of his appeal. 

A child between fourteen and seventeen years of age so 
held by the court if unable to furnish bail shall be so com- 
mitted to the department with its consent or to a probation 
officer, unless the court on immediate inquiry shall be of 
opinion that such child should be committed to jail, in which 
case said child may be committed to jail. 

The department shall be allowed such sums as may be 
necessary to provide additional special foster homes, special ^ 

supervisors and transportation facilities for the care, main- 
tenance and safe keeping of such children between fourteen 
and seventeen years of age who may be committed by the 
court 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. 

A child between seven and seventeen years of age so com- 
mitted by the court to jail or to the department to await 
further examination or trial by the Boston juvenile court 
or a district court shall be returned thereto within fifteen 
days after the date of the order of such commitment, and 
final disposition of the case shall thereupon be made by 
adjudication or otherwise; unless, in the opinion of the 
court, the interests of the child and the public otherwise 
require. 



264 



Acts, 1943. — Chap. 244. 



Superintend- 
ent of schools 
to furnish 
information, 
etc. 



G. L. (Ter. 
Ed.), 212, § 22, 
etc., amended. 



Application of 

section 

limited. 

G. L. (Ter. 
Ed.), 212, § 24, 
amended. 



Precedence 
of certain 
prosecutions. 



Any child committed to jail under this section shall, 
while so confined, be kept in a place separate and apart 
from all other persons committed thereto who are seventeen 
years of age or over, and shall not at any time.be permitted 
to associate or communicate with any other such persons 
committed as aforesaid, except when attending religious 
exercises or receiving medical attention or treatment. 

The provisions of section twenty-four of chapter two 
hundred and twelve relative to the precedence of cases of 
persons actually confined in prison and awaiting trial shall 
apply to children held in jail under this section to prosecute 
appeals to the superior court. 

Said probation officer shall have all the authority, rights 
and powers in relation to a child committed to his care 
under this section, and in relation to a child released to him 
as provided in section sixty-seven, which he would have if 
he were surety on the recognizance of such child. 

Section 69. The superintendent of the public schools in 
any town, any teacher therein, and any person in charge of 
a private school, or any teacher therein, shall furnish to 
any court from time to time any information and reports re- 
quested by any justice thereof relating to the attendance, 
conduct and standing of any pupil enrolled in such school, 
if said pupil is at the time awaiting examination or trial by 
the court or is under the supervision of the court. 

Section 3. Section twenty-two of chapter two hundred 
and twelve of the General Laws, as most recently amended 
by section one of chapter one hundred and forty-five of the 
acts of the current year, is hereby further amended by add- 
ing at the end the following sentence : — This section shall 
not apply to appeals arising under sections fifty-two to sixty- 
three, inclusive, of chapter one hundred and nineteen. 

Section 4. Section twenty-four of said chapter two hun- 
dred and twelve, as appearing in the Tercentenary Edition, 
is hereby amended by inserting after the word "chap- 
ters" in the second line the words: — one hundred and nine- 
teen, — so as to read as follows: — Section 2^. At a sitting 
of the court at which criminal business may be transacted, 
cases arising under chapters one hundred and nineteen, two 
hundred and forty-eight, one hundred and thirty-eight, one 
hundred and thirty-nine and two hundred and seventy- 
three shall have precedence in the order in which said chap- 
ters are herein named, next after the cases of persons who 
are actually confined in prison and awaiting trial; provided, 
that the court, on motion of the district attorney, may order 
that the trial of any specified case of crime shall take pre- 
cedence over all other cases. Approved May 6, 1943. 



Acts, 1943. — Chaps. 245, 246. 265 



An Act relative to certain lines, poles and other (JJku) 245 
equipment of the municipal lighting plant of the 
city of peabody, the new england telephone and 
telegraph company and the american telephone and 
telegraph company in said city. 

Be it enacted, etc., as follows: 

Section 1. All lines for the transmission of steam and 
for the transmission of electricity for light, heat or power 
heretofore acquired or constructed by the municipal lighting 
plant of the city of Peabody, and all lines for the trans- 
mission of intelligence by electricity heretofore acquired or 
constructed by the New England Telephone and Telegraph 
Company and the American Telephone and Telegraph Com- 
pany in said city, upon, along, over or under the public ways 
and places of said city, and the poles, piers, abutments, con- 
duits and other fixtures necessary to sustain or protect the 
wires of said lines and actually in place on the effective date 
of this act, are hereby made lawful notwithstanding the lack 
of any valid locations therefor or any informality in the pro- 
ceedings relative to their location and erection; provided, 
that the validation aforesaid shall not be effective as to the 
lines, structures or fixtures aforesaid of said municipal light- 
ing plant or of said companies in said city unless said mu- 
nicipal lighting plant or said companies, as the case may be, 
shall, not later than December thirty-first, nineteen hundred 
and forty-four, file with the clerk of said city a map or maps 
showing the location and nature of said lines, structures, 
and fixtures in said city, such map or maps so filed to be 
recorded and kept with the records of original locations for 
poles and wires in said city. 

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

Approved May 6, 1943. 



Chap.24:Q 



An Act to place certain child welfare services em- 
ployees UNDER THE CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter thirty-one of the g. l. (Ter. 
General Laws, as most recently amended by section two of ft ^'^ amended 
chapter six hundred and eighty-six of the acts of nineteen 
hundred and forty-one, is hereby further amended by adding 
at the end the following paragraph : — 

Social workers and clerical employees in towns, whose Employees 
salary and expenses are paid in whole or in part by United unfteYstates 
States grant through the child welfare services program, so grant, etc. 
called, under the department of public welfare. 

Section 2. The incumbents, on the effective date of this operation of 
act, of positions under child welfare services, so called, num- ^^* regulated. 
bering not more than three, covering the towns of South- 
bridge, Sturbridge, Charlton, Webster, Sutton, Douglas, 



266 



Acts, 1943. — Chap. 247. 



Oxford and Dudley, may continue to serve as such, subject 
to passing a qualifying civil service examination, and their 
tenure of office shall be unlimited, subject, however, to the 
civil service laws. Approved May 6, 1943. 



Chap. 2^7 An Act imposing certain restrictions on the issue of 

NON-ASSESSABLE POLICIES, SO CALLED, BY MUTUAL INSUR- 
ANCE COMPANIES. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 175, 
§ 85A, etc., 
amended. 



Application 
of section 
limited. 



G. L. (Ter. 
Ed.), 175, 
§ 93F, etc., 
amended. 



Application 
of section 
limited. 



G. L. (Tpr. 
Ed.), 175, 
§ 152A, etc., 
amended. 



Application 
of section 
limited. 



1941, 716, § 6, 
stricken out, 
effect of. 



Whereas, The purpose of this act is immediately to forbid 
the issuance of certain policies by certain mutual insurance 
companies doing business within the commonwealth, and 
the deferred operation of this act would to that extent tend 
to defeat its purpose; therefore, it is hereby declared to be 
an emergency law necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-five A of chapter one hundred 
and seventy-five of the General Laws, inserted by section 
one of chapter seven hundred and sixteen of the acts of nine- 
teen hundred and forty-one and as affected by chapter seven 
hundred and twenty-three of the acts of the same year, is 
hereby amended by adding at the end the following sen- 
tence : — This section shall not apply to any company unless 
such company or its predecessor or predecessors, if any, prior 
to merger or consolidation shall have been actively engaged 
in the insurance business in one or more states of the United 
States continuously for ten or more years. 

Section 2. Section ninety-three F of said chapter one 
hundred and seventy-five, inserted by section three of said 
chapter seven hundred and sixteen and as so affected, is 
hereby a>mended by adding at the end the following sen- 
tence : — This section shall not apply to any company unless 
such company or its predecessor or predecessors, if any, prior 
to merger or consolidation shall have been actively engaged 
in the insurance business in one or more states of the United 
States continuously for ten or more years. 

Section 3, Section one hundred and fifty-two A of said 
chapter one hundred and seventy-five, inserted by section 
four of said chapter seven hundred and sixteen and as so 
affected, is hereby amended by adding at the end the follow- 
ing sentence : — This section shall not apply to any company 
unless such company or its predecessor or predecessors, if any, 
prior to merger or consolidation shall have been actively 
engaged in the insurance business in one or more states of the 
United States continuously for ten or more years. 

Section 4. Said chapter seven hundred and sixteen of the 
acts of nineteen hundred and forty-one is hereby amended 
by striking out section six, inserted by chapter seven hundred 
and twenty-three of the acts of the same year, but such action 
shall not affect the validity of any policy lawfully issued 
under authority of said section six prior to the effective date 
of this act. Approved May 7, 1943. 



Acts, 1943. — Chap. 248. 267 



An Act making the entry fee for appeals transferred Qfidy 248 
TO the appellate tax board from county commission- 

ERS the same as FOR APPEALS DIRECTLY TO SAID BOARD. 

Whereas, The deferred operation of this act would result Emergency 
in the loss during the period of deferment of revenue which p'"^'^'"''^^- 
is much needed in the present emergency, 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 second paragraph of section sixty-four of chapter g. l. (Ter. 
fifty-nine of the General Laws, as most recently amended by ^tt! 'amended. 
section two of chapter three hundred and sixty-six of the 
acts of nineteen hundred and thirty-nine, is hereby further 
amended by inserting after the second sentence the follow- 
ing sentence : — Upon the transfer of such complaint to said 
board the clerk of said board shall send notice by registered 
mail to the complainant that such complaint has been trans- 
ferred, and the complainant shall, within ten days after 
receiving such notice, pay to said board the entry fee as re- 
quired by section seven of said chapter fifty-eight A, — so 
as to read as follows : — 

Upon the filing of a complaint under this section the clerk Election by 
of the county commissioners or of the board authorized to appearheard* 
hear and determine the same shall forthwith transmit a ^y board. 
certified copy of such complaint to the assessors and the 
assessors or the city solicitor or town counsel may within 
thirty days after receipt of said copy give written notice to 
said clerk and to the complainant that the town elects to 
have the same heard and determined by the appellate tax 
board. Thereupon, the clerk of the county commissioners 
or of the board authorized to hear and determine such com- 
plaints shall forward all papers with respect to such com- 
plaint then in the file of the county commissioners or other 
such board to the clerk of the appellate tax board and pro- 
ceedings with respect to such complaint shall thenceforth 
be continued as provided in chapter fifty-eight A. Upon 
the transfer of such complaint to said board the clerk of said 
board shall send notice by registered mail to the complain- 
ant that such complaint has been transferred, and the com- 
plainant shall, within ten days after receiving such notice, 
pay to said board the entry fee as required by section seven 
of said chapter fifty-eight A. If upon hearing it appears that 
the complainant has complied with all applicable provisions 
of law and the appellate tax board finds that the complain- 
ant is duly entitled to an abatement, it may grant him such 
reasonable abatement as justice may require, and shall enter 
an order directing the treasurer of the town to refund said 
amount, if the tax sought to be abated has been paid, to- 
gether with all charges and interest at four per cent on the 
amount of the abatement from the date of the payment of 



268 



Acts, 1943. — Chap. 249. 



the tax. The board may make such order with respect to the 
payment of costs as justice may require. 

Approved May 7, 1943. 



Chap. 24:9 ^'^ -^^it to provide for the establishment of a con- 
tributory SAVINGS BANKS EMPLOYEES RETIREMENT 
ASSOCIATION. 



G. L. (Ter. 

Ed.), les, 

new §§ 58-60, 
added. 



Formation of 

Savings Banlvs 

Employees 

Retirement 

Association 

authorized. 

Contributions, 

pensions, 

etc. 



Be it enacted, etc., as folloivs: 

Chapter one hundred and sixty-eight of the General Laws 
is hereby amended by adding after section fifty-seven, in- 
serted by section twenty-eight of chapter three hundred and 
thirty-four of the acts of nineteen hundred and thirty-three, 
the three following sections : — Section 58. Fifteen or more 
savings banks may form the Savings Banks Employees 
Retirement Association, in this section and in sections fifty- 
nine and sixty called the association, for the purpose of 
providing pensions for eligible employees of the participat- 
ing banks who retire on account of age or disability. 

All savings banks established under the laws of the com- 
monwealth, the Savings Banks Association of Massachu- 
setts, the Mutual Savings Central Fund, Inc., and the Sav- 
ings Bank Life Insurance Council, and such of their respective 
employees as may be provided by the by-laws of the asso- 
ciation shall be eligible for membership in the association. 
For the purposes of this section and sections fifty-nine and 
sixty a reference to "bank" or "banks" shall, unless the 
context otherwise requires, mean and include any or all of 
the organizations named in this paragraph, and a reference 
to "trustees" of a bank shall also, unless the context other- 
wise requires, mean and include the governing body of each 
of such organizations. 

Eligible employees may contribute a portion of their 
salaries or wages, to be deducted by the employing banks 
and paid to the association. A participating bank may con- 
tribute to the funds of the association to the extent deter- 
mined by its trustees, but its contributions for future serv- 
ice, as defined in the by-laws, on account of any employee 
shall not exceed such employee's contributions or five per 
cent of his wages or salary, whichever is less. A participat- 
ing bank may also contriJaute for past service, as defined 
in the by-laws, amounts necessary to provide eligible em- 
ployees with an annuity to begin at age sixty-five or later, 
such annuity not to exceed one per cent of the average salary 
for the five years preceding the date such bank joins the 
association for each year, but not exceeding thirty-five years, 
of continuous employment between age thirty and the date 
of such joining. 

In the event that any employee who has been continu- 
ously in the employ of such a bank for ten years or more 
becomes incapacitated for further service by reason of physi- 
cal or mental disability before age sixty-five, the employing 



Acts, 1943. — Chap. 249. 269 

bank may pay him a pension in an amount not to exceed 
one per cent of the average salary for the five years pre- 
ceding the date of retirement for each year, not exceeding 
thirty-five years, of continuous service. Any pension paid 
on account of disability may be discontinued at any time 
by the trustees of the emplojdng bank, and shall be discon- 
tinued when any such pensioner substantially recovers his 
earning capacity. 

The funds contributed by participating banks and mem- 
ber employees shall be held or used by the trustees of the 
association for the purchase of annuities or payment of 
pensions to eligible employees upon their retirement from 
service, for the payments to beneficiaries or representatives 
of any member employee of the participating bank dying 
before reaching the age of retirement, and for the payment . 
to any such employee retiring from service before becoming 
entitled to a pension or annuity. Expenses necessary for the 
administration of the association shall be paid by partici- 
pating banks, on a proportionate basis as provided in the 
by-laws. 

No annuity or pension provided by contributions from a 
participating bank for the benefit of any employee shall 
exceed two thousand, five hundred dollars yearly, or one half 
of the average salary of the employee for the five years pre- 
ceding the date of retirement, whichever is less. 

Section 59. The by-laws of the association shall be ap- By-iaws, 
proved by the commissioner and shall prescribe the manner by'^commis- 
in which, and the officers and agents by whom, the associa- sioner. 
tion may be conducted and the manner in which its funds 
may be invested and paid out. Such association shall be 
formed when its by-laws have been approved and agreed 
to by a majority of the trustees of each of fifteen or more 
savings banks, and have been approved by the commissioner. 
Such association shall annually, on or before December 
first, report to the commissioner such statements of its mem- 
bership and financial transactions for the year ending on 
the preceding October thirty-first as the commissioner may 
consider necessary to show its business and standing. The 
commissioner may verify such statement by an examination 
of the books and papers of the association. 

The association shall not be subject to chapter thirty-two 
or chapter one hundred and seventy-five or to such other 
provisions of law as relate to insurance companies or other 
retirement associations. 

Section 60. The property of the association, the portion Property, 
of the wages or salary of any employee deducted or to be from'^iax^a-"''* 
deducted under sections fifty-eight and fifty-nine, the right tion, etc. 
of an employee to an annuity or pension, and all his rights in 
the funds of the association, shall be exempt from taxation 
and from the operation of any law relating to insolvency, 
and shall not be attached or taken on execution or other 
process to satisfy any debt or liability of the association, a 
participating bank, or any employee member of the asso- 



270 



Acts, 1943. — Chaps. 250, 251. 



elation. No assignment of any right in or to said funds or 
of any pension or annuity payable under section fifty-eight 
shall be valid. Approved May 7, 1943. 



Chap. 250 An Act regulating the punishment for robbery in 

CERTAIN CASES. 



G. L. (Ter. 
Ed.), 265, § 17, 
amended. 



Punishment 
for robbery in 
certain cases. 



Effective 
date and 
application 

of act.jj . 



Be it enacted, etc., as folloivs: 

Section 1. Chapter two hundred and sixty-five of the 
General Laws is hereby amended by striking out section 
seventeen, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section : — Section 1 7. 
Whoever, being armed with a dangerous weapon, assaults 
another and robs, steals or takes from his person money or 
other property which may be the subject of larceny shall be 
punished by imprisonment in the state prison for life or for 
any term of years. 

Section 2. This act shall take effect on October first in 
the current year and shall apply in the case of crimes com- 
mitted on or after said date; but the provisions of said sec- 
tion seventeen, as in effect immediately preceding said date, 
shall continue to apply in the case of crimes committed 
prior thereto. Approved May 7, 1943. 



G. L. (Ter. 
Ed.), 79, § 3, 
etc., amended. 



Entry, record- 
ing of, etc. 



Chap. 251 An Act relative to the recording of a certificate 

OF ENTRY OR TAKING POSSESSION IN CERTAIN EMINENT 
DOMAIN CASES AND TO THE GIVING OF NOTICE OF SUCH 
ENTRY OR TAKING POSSESSION. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter seventy-nine of 
the General Laws, as amended by section six of chapter 
one hundred and seventy-two of the acts of nineteen hun- 
dred and thii'ty-eight, is hereby further amended by adding 
at the end of the first paragraph the two following sentences : 
— If, within two years after the date of an order of taking 
for any such way, drain or ditch, entry is made or possession 
taken thereunder for the purpose of constructing the same, 
the board of officers by whom the taking is made shall cause 
to be recorded in the registry of deeds of every county or 
district in which the property taken or any of it lies, a cer- 
tificate of such entry or taking possession stating the date 
thereof and containing a reference to the record of the copy 
of the order of taking sufficient to identify it, signed by said 
board or certified by its secretary or clerk or, in case of a 
taking by or on behalf of a city by a board of officers having 
no secretary or clerk, certified by the city clerk. Failure to 
record any such certificate shall not affect the validity of 
the takmg. 

Section 2. Section eight of said chapter seventy-nine, 
as amended by section one of chapter one hundred and 
eighty-seven of the acts of nineteen hundred and thirty- 



G. L. (Ter. 
Ed.), 79, § 8, 
etc., amended. 



Acts, 1943. — Chap. 252. 271 

six, is hereby further amended by inserting after the sec- 
ond sentence the following sentence : — If, within two years Contents 
after the date of an order of taking for a highway or town °^ "°*''=®- 
way or for a ditch or drain for draining the same, entry is 
made or possession taken thereunder for the purpose of 
constructing the same, such notice of taking shall also state 
the date of such entry or taking possession. 

Section 3. Section sixteen of said chapter seventy-nine, g. l. (Xer. 
as most recently amended by chapter ninety-five of the ^tc^! 'amended. 
acts of the current year, is hereby further amended by 
adding at the end the following paragraph : — 

And, without limiting the foregoing provisions of this Petition for 
section, if within two years after the date of an order of oflamlgM. 
taking for a highway or town way or for a ditch or drain for 
draining the same, entry is made or possession taken there- 
under for the purpose of constructing the same, a petition 
for the assessment of damages may be filed at any time prior 
to the expiration of six months after the recording under 
section three of a certificate of such entry or taking possession. 

Section 4. This act shall take effect on September first f^f.'^*'*'^® 
of the current year, but shall apply only in the case of takings 
where the order of taking is made on or after said date. 

Approved May 7, 1943. 



An Act relative to the time within which certain Cfid^ 252 

BETTERMENT AND OTHER ASSESSMENTS SHALL BE PAID . 

AND TO THE CONTINUANCE OF LIENS CREATED IN CON- 
NECTION THEREWITH. 

Be it enacted, etc., as folloios: 

Section 1. Chapter eighty of the General Laws is g. l. (Ter. 
hereby amended by striking out section twelve, as appear- ^mendTd.^ ^^' 
ing in the Tercentenary Edition, and inserting in place 
thereof the following section: — Section IS. Assessments Assessments 
made under this chapter shall constitute a lien upon the land ^^ ''*'°®' 
assessed. The lien shall take effect upon the recording of difte'^anl 
the order stating that betterments are to be assessed for '^"[?^*j|°" 
the improvement. Except as otherwise provided, such lien 
shall terminate at the expiration of two years from October 
first in the year in which the assessment is first placed on 
the annual tax bill under section thirteen or, if an assessment 
has been apportioned, from October first: in the year in 
which the last portion is so placed upon the annual tax bill, 
whichever is later, if in the meantime in either case the estate 
has been alienated and the instrument alienating the same 
has been recorded. If there is no recorded alienation within 
such period, the lien shall continue until there is a recorded 
alienation. If the validity of an assessment made under 
this chapter is called in question in any legal proceeding 
to which the board which made the assessment or the body 
politic for the benefit of which it was made is a party, 
instituted prior to the expiration of the lien therefor, the 



272 



Acts, 1943. — Chap. 252. 



G. L. (Ter. 
Ed.), 80, new 
§ 13A, added. 

Assessment 
for better- 
ment, payment 
deferred, when. 



G. L. (Ter. 
Ed.), 83, new 
§ 29, added. 

Liens created 
by special act. 

Termination 
of, etc. 



G. L. (Ter. 
Ed.), 83, § 19 
amended. 

Extension of 
time of 
payment. 



G. L. (Ter. 
Ed.), 83, § 27, 
amended. 



Recording of 
statement. 



lien shall continue until one year after the validity of the 
assessment is finally determined, even though an aliena- 
tion be recorded in the meantime; and, if while a lien estab- 
lished by this section is in force, the owner of the real estate 
on which it attaches is adjudicated bankrupt, the lien shall 
continue for six months after final termination of the bank- 
ruptcy proceedings, subject, however, to any lawful action 
under any paramount authority conferred by the bankruptcy 
laws of the United States. If the time for payment of an 
assessment is extended under section thirteen A, the lien 
herein provided shall continue until the expiration of two 
years from the date when the assessment is required to be 
paid under the extension granted under said section. 

Section 2. Said chapter eighty is hereby further amended 
by inserting after section thirteen, as amended, the following 
section: — Section ISA. The board making the order for 
the assessment of any betterment upon land which is not 
built upon may extend the time of payment of the assess- 
ment until it is built upon or for a fixed time; but interest 
at the rate of four per cent per annum shall be paid annu- 
ally upon the assessment from the time it was made, and 
the assessment shall be paid within three months after such 
land is built upon or at the expiration of such fixed time. 

Section 3. Chapter eighty-three of the General Laws, as 
appearing in the Tercentenary Edition, is hereby amended 
by adding at the end the following section : — Section 29. 
Notwithstanding any provision in any special act to the 
contrary, any Hen for sewer, drain or sidewalk assessments 
or for betterment assessments of any other nature created 
pursuant to the provisions of any special act shall continue 
in effect until the land subject to the lien has been alienated 
and the instrument alienating the same has been recorded 
and for such longer period as any special act may provide. 

Section 4. Said chapter eighty-three is hereby further 
amended by striking out section nineteen, as so appearing, 
and inserting in place thereof the following section : — Sec- 
tion 19. The aldermen of a city or the sewer commission- 
ers, selectmen or road commissioners of a town may extend 
the time for the payment of such assessments upon land 
which is not built upon until it is built upon or for a fixed 
time; but interest at the rate of four per cent per annum 
shall be paid annually upon the assessment from the time it 
was made, and the assessment shall be paid within three 
months after such land is built upon or at the expiration of 
such fixed time. 

Section 5. Section twenty-seven of said chapter eighty- 
three, as appearing in the Tercentenary Edition, is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following sentence : — All assessments made 
or charges imposed under this chapter upon land which abuts 
upon any such way in which such sewer, drain or sidewalk 
is located shall constitute a lien upon such land from the 



Acts, 1943. — Chap. 253. 273 

time such statement is recorded and all charges authorized 
by section sixteen shall from the time of assessment consti- 
tute a lien upon the land connected with the common sewer. 
Liens under this section shall continue for the same period 
and under the same conditions as a lien established under 
chapter eighty. 

Section 6. The rate of interest established by section Effective 
four of this act, amending section nineteen of chapter eighty- 
three of the General Laws, shall apply to assessments the 
time for payment of which is extended under said section 
nineteen on or after the effective date of this act; and the 
rate of interest set forth in said section nineteen as in effect 
immediately prior to the effective date of this act shall con- 
tinue to apply to assessments the payment of which was 
extended under said section nineteen prior to such effective 
date. Approved May 7, 194-3. 



dates. 



An Act to provide for the proper identification at 
the polls of registered voters in the armed serv- 
ices during the present war, and to restore to the 
voting lists the names of such persons stricken 
therefrom after entering such service. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provisions of 
general or special law, listing boards and registrars of voters 
shall list all persons who were registered voters in their re- 
spective cities and towns at the time of their entry into the 
armed services of the United States and whom they believe 
to be still living. If the name of any such voter has been 
removed from the list he, or any registered voter in his 
behalf, may file a written petition asking that the name be 
restored to the list of registered voters, and stating that at 
the' time of his entry into such service he was a registered 
voter in the city or town. If such petition is filed prior to 
December first in any year, it shall be filed with the election 
commissioner or commissioners if there is such a board, or, 
if there is none, with the registrars of voters. If filed on or 
after December first in any year it shall be filed with the 
listing board or the registrars of voters, as the case may be. 
Upon the filing of such petition the board or officers above 
mentioned shall investigate its subject matter and if it 
appears that the name of such person is not on the lists of 
persons twenty years of age or older they shall restore the 
name to the list. If the fisting of persons twenty years of 
age or older has been completed in any city or town such 
investigation shall be conducted by the election commis- 
sion, election commissioners or the registrars of voters, 
as the case may be, and if the statements contained in any 
such petition are found to the satisfaction of said board or 
officers to be true, and to establish the fact that that person 
is in the armed services of the United States and was a regis- 



Chap.25S 



274 Acts, 1943. — Chaps. 254, 255. 

tered voter at the time of entering such service his name 
shall be restored to the list and entered in the annual register 
of voters. Upon the entering of such name in the annual 
register and the subsequent printing of all voting Hsts while 
such person remains in the armed services of the United 
States there shall be printed on such lists of voters after the 
name thereof in every instance the letter "S" or some other 
appropriate identifying mark estabhshing the fact that such 
person is in such armed services. 

Section 2. This act shall be operative during the ex- 
istence of the present war between the United States and 
any foreign country and for six months after the termina- 
tion thereof. Approved May 7, 1943. 

Chap. 254: An Act to extend the provisions of the contributory 

RETIREMENT SYSTEM IN THE CITY OF SALEM TO EMPLOYEES 
OF THE SALEM AND BEVERLY WATER SUPPLY BOARD. 

Be it enacted, etc., as follows: 

Section 1. On July first, nineteen hundred and forty- 
three, employees of the Salem and Beverly water supply 
board may become members of the contributory retirement 
system of the city of Salem. Said employees shall have all the 
rights and obligations provided under sections twenty-six to 
thirty-one H, inclusive, of chapter thirty-two of the General 
Laws, as appearing in section one of chapter three hundred 
and eighteen of the acts of nineteen hundred and thirty-six 
and as subsequently amended, which they would have had 
if said retirement system of said city of Salem had become 
operative on said date. 

Section 2. The retirement board of the city of Salem 
shall, on or before the fifteenth day of January in the year 
nineteen hundred and forty-four, certify to the Salem and 
Beverly water supply board the amounts payable by it to 
the various funds of the contributory retirement system of 
said city on account of the employees of said water supply 
board for the period beginning on the first day of July, nine- 
teen hundred and forty-three, and ending on the thirty-first 
day of December, nineteen hundred and forty-four, and there- 
after shall, on or before the fifteenth day of January in each 
year, so certify amounts so payable for the year beginning 
on the first day of January in said year. The sums so cer- 
tified shall be paid to the funds of said system in the same 
manner as provided by section three of chapter seven hun- 
dred of the acts of nineteen hundred and thirteen for the 
payment of other expenses of said water supply board. 

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

Approved May 10, 1943. 

Chap. 255 An Act to abrogate the minimum wage compact, so 

called. 

Whereas, The general court, by chapter three hundred 
and eighty-three of the acts of nineteen hundred and thirty- 



Acts, 1943. — Chap. 255. 275 

four did approve and ratify a compact "for establishing uni- 
form standards for conditions of employment, particularly 
with regard to the minimum wage, in states ratifying the 
same," said compact being usually known as the Minimum 
Wage Compact, which was formulated by commissioners and 
delegates from seven states at Concord, New Hampshire, on 
the twenty-ninth day of May, nineteen hundred and thirty- 
four; and 

Whereas, The said compact was subsequently ratified in 
the year nineteen hundred and thirty-five by the state of 
New Hampshire and in the year nineteen hundred and thirty- 
six by the state of Rhode Island, and the consent of the con- 
gress of the United States was given thereto by public reso- 
lution fifty-eight of the seventy-fifth- congress, which was 
approved by the president of the United States on the twelfth 
day of August, nineteen hundred and thirty-seven; and 

Whereas, The field of operation of the said compact was 
fully occupied by federal legislation known as the Federal 
Fair Labor Standards Act or the Federal Wage and Hour 
Law, soon after the consent of the congress to said compact 
was given, and said federal legislation and the administra- 
tion thereof, supported by decisions of the supreme court of 
the United States and of inferior federal courts, has made 
said compact inoperative and of no effect; and 

Whereas, The governor of the state of New Hampshire 
has given notice to the governor of this commonwealth and 
the governor of the state of Rhode Island, under date of the 
twenty-eighth day of July, nineteen hundred and forty-one, 
that New Hampshire desires to withdraw from said com- 
pact; and 

Whereas, The commissions established by this common- 
wealth and the state of Rhode Island have agreed that the 
compact should be abrogated, and the governor of this com- 
monwealth, under date of December thirty-first, nineteen 
hundred and forty-two, has notified the governors of New 
Hampshire and Rhode Island of the desire of this common- 
wealth to withdraw from said compact; and 

Whereas, It is desirable that said compact be abrogated 
at an early date, and it appears that this can be done by 
agreement of all three states parties thereto without delaying 
until the expiration of the two-year period of notice specified 
in said compact; and 

Whereas, The deferred operation of this act beyond the 
effective date specified herein would tend to defeat its pur- 
pose, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience; Now therefore, 

Be it enacted, etc., as follows: 

Section L The compact heretofore described, entitled 
"Compact for establishing Uniform Standards for Condi- 
tions of Employment, particularly with Regard to the Mini- 
mum Wage, in States ratifying the Same," usually known as 



276 Acts, 1943. — Chaps. 256, 257, 258. 

the Minimum Wage Compact, whereof a copy is on file in 
the office of the state secretary, is hereby abrogated on the 
part of the commonwealth of Massachusetts. 

Section 2. Section twenty-five of chapter nine of the 
General Laws, inserted by section one of chapter four hun- 
dred and four of the acts of nineteen hundred and thirty- 
seven, is hereby repealed. 

Section 3. This act shall take effect, conformably to the 
constitution, if and when legislation to abrogate said com- 
pact, substantially similar to this act, becomes effective in 
both the states of New Hampshire and Rhode Island or in 
one of said states, if in the meantime the other has with- 
drawn from said compact. The state secretary, forthwith 
upon the effective date of this act, shall send a certified copy 
thereof to the governor of each of said states. 

Approved May 10, 1943. 

Chap. 256 An Act authorizing the boston school committee to 

PROVIDE free lunches FOR CERTAIN UNDERNOURISHED 
AND NEEDY PUPILS. 

Be it enacted, etc., as follows: 

The school committee of the city of Boston is hereby 
authorized to provide free lunches for undernourished and 
needy children attending its public schools. 

Approved May 10, 1943. 

Chap. 257 An Act establishing the salary of the present third 

ASSISTANT CLERK OF THE DISTRICT COURT OF EAST 
NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. Any provision of general law to the contrary 
notwithstanding, the salary of the present third assistant 
clerk of the district court of East Norfolk shall be equal to 
sixty per cent of the salary of the clerk of said court. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the county commissioners of Norfolk county, 
but not otherwise. Approved May 10, 1943. 

Chap. 25S An Act establishing the salaries of the mayor and 

CITY councillors OF THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and forty of the 
Special Acts of nineteen hundred and seventeen is hereby 
amended by striking out section seventeen, as amended 
by section one of chapter one hundred and twenty-seven of 
the acts of nineteen hundred and twenty-four, and insert- 
ing in place thereof the following section : — Section 1 7. The 
mayor shall receive in full compensation for all services to 



Acts, 1943. — Chaps. 259, 260. 277 

the city a salary of six thousand dollars a year. The council 
may, by yea and nay vote, establish a salary for its mem- 
bers, not exceeding one thousand dollars a year, which shall 
not be increased or diminished to take effect during the 
current municipal year. 

Section 2. This act shall be submitted to the registered 
voters of the city of Lynn at the municipal election in said 
city to be held in the current year, in the form of the follow- 
ing question, which shall be placed upon the official ballot 
to be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and forty-three, 
entitled 'An Act establishing the salaries of the mayor and 
city councillors of the city of Lynn', 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 May 10, 194S. 

An Act providing a penalty for the crimes of assault Chap. 259 

AND ASSAULT AND BATTERY. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and sixty-five of the g. l. (Ter. 
General Laws is hereby amended by inserting after section np^„?'s^f|\ 
thirteen, as appearing in the Tercentenary Edition, the fol- added. 
lowing section: — Section ISA. Whoever commits an as- Penalty for 
sault or an assault and battery upon another shall be pun- baueryretc. 
ished by imprisonment for not more than two and one half 
years in a house of correction or by a fine of not more than 
five hundred dollars. 

Section 2. . This act shall take effect on October first in Effective 
the current year. Approved May 10, 1943. '*^**'- 

An Act changing the method of fixing the compensa- Chap. 2Q0 

TION of the clerks AND ASSISTANT CLERKS OF THE SEN- 
ATE AND HOUSE OF REPRESENTATIVES. 

Whereas, The deferred operation of this act would tend ^"Jf^f^,""^ 
to defeat its purpose, which is to establish, at once, a more 
equitable method of fixing the salaries of the clerks and 
assistant clerks of the senate and house of representatives, 
and it is desirable to effect such change as early as possible 
during the present session of the general court, 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 L Chapter three of the General Laws is hereby g. l. (Ter. 
amended by striking out section twelve, as amended by sec- ^tt!'amJnded. 
tion one of chapter three hundred and sixty of the acts of 
nineteen hundred and thirty-seven, and inserting in place 
thereof the following section: — Section 12. The clerk of salary of 
the senate and the clerk of the house of representatives shall ''^ 
each receive such salary as may be established by the com- office. 



278 



Acts, 1943. — Chap. 261. 



G. L. (Ter. 
Ed.), 3, § 13, 
etc., amended. 



Appointment, 
salaries, 
tenure of 
office of 
assistant 
clerks. 

Clerical 
assistance. 



Effective 
date. 



mittee on rules of the senate or the committee on rules of 
the house of representatives, as the case may be, and each 
shall hold office until his successor is qualified. Salaries es- 
tablished under this section shall be for the period of two 
years commencing January first of the year in which estab- 
lished. 

Section 2. Said chapter three is hereby further amended 
by striking out section thirteen, as most recently amended 
by chapter two hundred and thirty of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
following section: — Section 13. The clerks of the senate 
and house of representatives, subject to the approval of the 
senate and house, respectively, may each appoint an assist- 
ant clerk who, in the absence of the clerk, shall perform his 
duties unless a temporary clerk is chosen, and who shall 
receive such salary as may be established by the committee 
on rules of the senate or the committee on rules of the 
house, as the case may be. Salaries established for said 
assistant clerks under this section shall be for the period 
of two years commencing January first of the year in which 
established. Each clerk may remove the assistant clerk 
appointed by him. Each clerk may also employ such clerical 
assistance as may be necessary, and may expend therefor 
such amounts as are appropriated. 

Section 3. This act shall become operative when suffi- 
cient appropriations therefor have been made, and then as 
of January first of the current year. 

Approved May 11, 1943. 



G. L. (Ter. 
Ed.), 172, new 
§ 40A, added. 

Liabilities of 
any one 
borrower 
limited. 



C hap. 2Q1 An Act clarifying the limits on the total liabilities 

OF ANY ONE BORROWER TO A TRUST COMPANY IN ITS COM- 
MERCIAL AND SAVINGS DEPARTMENTS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-two of the General 
Laws is hereby amended by inserting after section forty, as 
amended, the following section: — Section 40 A. The total 
liabilities of a person, including in the liabilities of a firm 
the liabilities of its several members, to the commercial 
department of a trust company, and to the savings depart- 
ment thereof for loans upon personal security, shall not ex- 
ceed, in the aggregate, the limit upon the liabilities of one 
borrower to a trust company provided by section forty, or 
the maximum limit upon the liabilities of one borrower to 
the savings department thereof provided by clause Ninth 
of section fifty-four of chapter one hundred and sixty-eight, 
whichever limit is the larger; provided, that neither of said 
limitations shall apply to so much of any such loan as is 
unconditionally guaranteed as to the payment of principal 
and interest by the United States. 

Approved May 11, 1943. 



Acts, 1943. — Chap. 262. 279 



An Act further regulating allowances in the mili- Chap. 262 

TARY division OF THE EXECUTIVE DEPARTMENT. 

Whereas, It is urgently necessary that, in the present Emergency 
national emergency, the amount of allowances to officers p'"®^'"^'®- 
and enlisted personnel of the Massachusetts State Guard be 
clarified and determined, and the deferred operation of this 
act would tend to defeat such purpose ; 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: 

Section 1. Section one hundred and twenty-six of chapter g. l. (Ter. 
thirty-three of the General Laws, as appearing in section f i26,^e1;'c., 
one of chapter four hundred and twenty-five of the acts of amended. 
nineteen hundred and thirty-nine, is hereby amended by 
inserting at the end the following sentence : — This section Application 
and sections one hundred and twenty-three to one hundred ifmHed"" 
and twenty-five, inclusive, shall apply only to the Massa- 
chusetts national guard while not in federal service, but not 
to the Massachusetts state guard or to any other similar 
military organization. 

Section 2. Said chapter thirty-three, as so appearing, is o. l. (Ter. 
hereby further amended by inserting after said section one f§*i26^A a"nT 
hundred and twenty-six, as amended by section one of this 120B, added. 
act, the two following sections: — Section 126 A. There shall Allowances 
annually be allowed and paid to the Massachusetts state state guard. 
guard, or to any similar military organization, while legally 
in existence, under such regulations as may be promulgated 
by the commander-in-chief, for postage, printing, station- 
ery, care of property, equipment, repair and alteration of 
uniforms, military expense, including clerical assistance: to 
division headquarters, seventeen hundred and fifty dollars; 
to each brigade headquarters, one hundred and fifty dollars; 
to each regimental headquarters, seven hundred and fifty 
dollars, and twenty-five dollars for every company in the 
regiment ; to each region headquarters, five hundred dollars, 
and twenty-five dollars for each security company in the 
region; to each separate battalion or squadron and to each 
other organization designated by the commander-in-chief, 
one hundred and fifty dollars, and twenty-five dollars for 
each company therein; and to each company, four hundred 
dollars; to separate detachments and sections such propor- 
tionate amounts as may be approved by the commander- 
in-chief. 

Section 126B. Allowances referred to in sections one hun- Allowances 
dred and twenty-three to one hundred and twenty-six A, quane^riy. 
inclusive, shall be paid quarterly in substantially equal in- 
stallments ; provided, that no such allowance may be antici- 
pated, and that no obligation involving future or unpaid 
installments of any such allowances may be incurred, by 



280 Acts, 1943. — Chap. 263, 

any person or military unit subject to any provision of said 
sections. 
Effective Section 3. This act shall take effect as of December first, 

nineteen hundred and forty-two. 

Approved May 13, 1943. 



Chap.2Q3 An Act authorizing the town of scituate to acquire 

ADDITIONAL W^ATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. For the purposes set forth in chapter three 
, hundred and ninety-one of the acts of eighteen hundred and 
ninety-three, the town of Scituate, acting by and through 
its board of water commissioners, may purchase water from 
the town of Hanover, authority to sell being hereby granted, 
and may construct, lay, repair and maintain aqueducts, con- 
duits, pipes and other works under or over any lands, water 
courses, public or other ways, and along any such way, in the 
town of Norwell in such manner as not unnecessarily to 
obstruct the same ; and for the purpose of constructing, lay- 
ing, repairing and maintaining apparatus and laying and 
repairing such conduits, pipes and other works, and for all 
other proper purposes of this act, the town of Scituate may 
enter upon and 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 town 
of Scituate shall restore to the satisfaction of the board of 
selectmen of the town of Norwell any ways so dug up; and 
provided, further, that all things done upon any way in the 
town of Norwell shall be done to the satisfaction of its board 
of selectmen. The town of Scituate shall pay all damages 
sustained by any person in consequence of any negligent act 
upon the part of said town, its agents or employees under 
this act. 

Section 2. The town of Norwell and any person or cor- 
poration injured in his or its property by any action of the 
town of Scituate or its board of water commissioners taken 
under authority of this act may recover damages from said 
town of Scituate under chapter seventy-nine of the General 
Laws. 

Section 3. If the town of Scituate shall construct and 
lay aqueducts, conduits or pipes in said town of Norwell as 
herein authorized, said town of Scituate shall furnish water 
for the extinguishment of fires to said town of Norwell and 
water for domestic and other purposes to such inhabitants 
of said town of Norwell as reside in the vicinity of the pipe 
lines of said town of Scituate, constructed and maintained 
under this act, at such rates and under such terms as the 
parties may mutually agree. In case of failure to agree as 
to the price for water furnished, or the manner or location 
of construction, the department of public utilities, upon 
petition of either town or of any aggrieved inhabitant of 



Acts, 1943. — Chaps. 264, 265. 281 

said town of Norwell, shall determine the price and the 
manner and location of construction and such determina- 
tion shall be final. 

Section 4. The towns of Scituate, Norwell and Hano- 
ver, or any two of them, each town acting through its board 
of water commissioners, or its board of selectmen if there 
is no board of water commissioners, may enter into agree- 
ments for the purchase or sale of, and purchase or sell, at 
such rates and under such terms as may be mutually agreed 
upon, water for the extinguishment of fires and for domestic 
and other purposes in such average annual amounts and 
from such sources in any of said towns so entering into agree- 
ment as may first be approved by the state department of 
public health and may enter into agreements for the laying 
of mains and construction of other works in an}^ of said 
towns necessary for carrying out the purposes of this section. 

Section 5. This act shall take effect upon its passage. 

Approved May IS, 1943. 

An Act giving preference to certain former employees Chap. 2Q4: 

IN THE LABOR SERVICE OF THE CITY OF CAMBRIDGE FOR 
RE-EMPLOYMENT THEREIN. 

Be it enacted, etc., asfolloius: 

Patsy Zuffreo, Leonardo Guida, Robert J. Adams, John 
Dussault, John C. Rooney, Frederick T. Igo, Edward P. 
Finnegan, John F. Carmichael, Charles M. Scully, Thomas 
E. Sheahan, Joseph Maccini and Louis Frongello, and any 
other former employees in the labor service of the city of 
Cambridge, who were removed therefrom by order of the 
division of civil service by reason of the fact that certain 
classification requirements under the civil service law were 
not complied with, shall, if duly registered as applicants for 
employment in the labor service of said city, be given pref- 
erence for re-employment therein. The basis of such re- 
employment shall be the order of appointment to said labor 
service, or, if not ascertainable, the order of the respective 
registrations of said persons as applicants for employment 
in said labor service. Approved May 13, 1943. 

An Act providing for the issuance of fishing licenses Chap.2Q5 

WITHOUT charge TO CERTAIN RECIPIENTS OF OLD AGE 
ASSISTANCE, SO CALLED. 

Be it enacted, etc., asfolloivs: 

Clause (1) of section eight of chapter one hundred and g^l. (jer ^ 
thirty-one of the General Laws, as appearing in section two etc!, 'amended', 
of chapter five hundred and ninety-nine of the acts of nine- 
teen hundred and forty-one, is hereby amended by striking 
out the last paragraph and inserting in place thereof the 
following paragraph : — 

No fee shall be charged for any license issued under this Fishing 

licenses 



282 



Acts, 1943. — Chaps. 266, 267. 



for recipients 
of old age 
assistance. 



clause to a person over the age of seventy or for a fishing 
Hcense issued thereunder to a person seventy years of age or 
under who is a recipient of old age assistance granted under 
chapter one hundred and eighteen A. 

Approved May 13, 1943. 



Chap.26Q An Act to provide for filing reports of local planning 

BOARDS WITH THE STATE PLANNING BOARD INSTEAD OF 
WITH THE DEPARTxMENT OF PUBLIC WELFARE. 



G. L. (Ter. 
Ed.), 41, § 71, 
amended. 



Annual re- 
ports of 
planning 
boards. 



Be it enacted, etc., as follows: 

Section seventy-one of chapter forty-one of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in the fifth line, the words "de- 
partment of public welfare" and inserting in place thereof 
the words : — state planning board, — so as to read as fol- 
lows : — Section 71 . Every planning board shall make a re- 
port annually to the city council or to the annual town meet- 
ing, giving information regarding the condition of the town 
and any plans or proposals for its development and estimates 
of the cost thereof. Every such planning board shall file 
with the state planning board a copy of each report made 
by it. Approved May 13, 1943. 



Chap. 2Q7 An Act repealing the provisions of law authorizing 

THE LICENSING AND CONDUCTING OF THE GAME COMMONLY 
CALLED BEANO. 



G. L. (Ter. 
Ed.), 271, 
§ 22A, etc., 
amended. 



Charity 
whists, per- 
mitted when. 



Be it enacted, etc., as follows: 

Chapter two hundred and seventy-one of the General 
Laws is hereby amended by striking out section twenty- 
two A, as most recently amended by chapters two hundred 
and twenty-two and two hundred and eighty-three of the 
acts of nineteen hundred and thirty-six, and inserting in 
place thereof the following section: — Section 22 A. Noth- 
ing in this chapter shall authorize the prosecution, arrest or 
conviction of any person for conducting or promoting, or for 
allowing to be conducted or promoted, a game of cards 
commonly called whist or bridge, in connection with which 
prizes are offered to be won by chance; provided, that the 
entire proceeds of the charges for admission to such game are 
donated solely to charitable, civic, educational, fraternal or 
religious purposes. Approved May 14, 1943. 



The Commonavealth of Massachusetts, 
Executive Department, State House, 

Boston, June 15, 1943. 

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

Sir: — I, Leverett Saltonstall, by virtue of and in accord- 
ance with the provisions of the Forty-eighth Amendment to 
the Constitution, "The Referendum II, Emergency Meas- 
ures", do declare that in my opinion, the immediate preser- 



Acts, 1943. — Chap. 268. 283 

vation of the public peace, health, safety or convenience 
requires that the law passed on the fourteenth day of May 
in the year nineteen hundred and forty-three, entitled "An 
Act repealing the provisions of law authorizing the licens- 
ing and conducting of the game commonly called Beano" 
should take effect forthwith and that it is an emergency law 
and that the facts constituting the emergency are as follows : 
Because the manner in which the games of Beano have 
been and are conducted in many parts of the Common- 
wealth has been and is detrimental to the public welfare, 
and the Legislature, comprising the representatives of all 
the people, thoroughly debated all aspects of this subject 
and decided, as a matter of public policy and public protec- 
tion, the law should be repealed. Any further delay in mak- 
ing this act effective will only delay the protection which it 
is designed to afford. 

Very truly yours, 

Leverett Saltonstall, 
Governor of the Commonwealth. 

Office of the Secretary, Boston, June 15, 1943. 

I hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at twelve o'clock and fifty- 
five minutes, p.m., on the above date, and in accordance 
with Article Forty-eight of the Amendments to the Consti- 
tution said chapter takes effect forthwith, being chapter two 
hundred and sixty-seven of the acts of nineteen hundred 
and forty- three. 

F. W. Cook, 
Secretary of the Commonwealth. 



Chap. 26S 



An Act relative to the hours during which horse 

RACES ON which THE PARI-MUTUEL SYSTEM OF WAGER- 
ING IS PERMITTED MAY BE CONDUCTED DURING THE PRES- 
ENT WAR. 

Whereas, The deferred operation of this act would delay Emergency 
the application of its provisions to horse racing meetings pj'eaniWe. 
during the current year, 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: 

During the existing war between the United States and 
any foreign country, the state racing commission may per- 
mit horse races at any horse racing meeting held under a 
license issued by it to be conducted until seven-fifteen o'clock, 
post meridian, notwithstanding the provisions of chapter one 
hundred and twenty-eight A of the General Laws which 
prohibit such races from being conducted later than seven 
o'clock, post meridian. Approved May 14, 1943. 



284 



Acts, 1943. — Chaps. 269, 270. 



Chap.2Q9 A.n Act relative to public hearings on applications 

FOR licenses to CONDUCT HORSE AND DOG RACING MEET- 
INGS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 128A, 
§ 3, etc., 
amended. 



Public hear- 
ings on 
applications 
for licenses. 



Whej'eas, The deferred operation of this act would delay 
the application of its provisions to horse and dog racing meet- 
ings during the current year, 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 three of chapter one hundred and twenty-eight A 
of the General Laws is hereby amended by striking out the 
first paragraph, as amended by section two of chapter four 
hundred and fifty-four of the acts of nineteen hundred and 
thirty-five, and inserting in place thereof the following para- 
graph : — If any application for a license, filed as provided 
by section two, shall be in accordance with the provisions of 
this chapter, the commission, after reasonable notice and a 
public hearing in the city or town wherein the license is to 
be exercised, may issue a license to the applicant to conduct 
a racing meeting, in accordance with the provisions of this 
chapter, at the race track specified in such application; pro- 
vided, that if the commission has already taken action on 
an application for any calendar year, after such notice and 
public hearing, no other public hearing need be granted on 
any other application from the same applicant relating to 
the same premises filed prior to the expiration of said year; 
and provided, further, that on an application for a license to 
conduct a horse or dog racing meeting in connection with a 
state or county fair no hearing need be held unless a request 
signed by at least one per cent of the registered voters of 
the city or town in which the track is located is filed with 
the commission at least thirty days prior to the first day on 
which the racing meeting requested is proposed to be held. 

Approved May H, 1943. 



Chap. 270 An Act further extending the time during which 

THERE SHALL BE COLLECTED AN ADDITIONAL TAX ON 
SALES OF GASOLINE AND CERTAIN OTHER MOTOR VEHICLE 
FUEL. 



Emergency 
preamble. 



Whereas, The provisions of law referred to in this act will 
shortly cease to be effective, but the circumstances and 
conditions which made advisable their enactment still con- 
tinue and accordingly this act should take effect before such 
provisions cease to be effective, 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 follows: 

Chapter two hundred and forty-eight of the acts of nine- 
teen hundred and thirty-two, as most recently amended by 



Acts, 1943. — Chaps. 271, 272. 285 

chapter three hundred and thirty of the acts of nineteen hun- 
dred and forty-one, is hereby further amended by striking 
out, in the fifth line, the word " forty- three " and inserting 
in place thereof the word : — forty-six, — 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-six, 
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 I4, 194S. 

An Act authorizing the city of boston to pay certain fjjrijy 071 

UNPAID BILLS. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to 
expend a sum of money not to exceed three thousand one 
hundred and sixty-four dollars and sixty-four cents to pay 
such unpaid bills incurred in the year nineteen hundred and 
thirty-nine by the public welfare department of said city 
with Nutter's System, Inc. as are now on file in the city 
auditor's office, such bills being legally unenforceable against 
said city by reason of an error in the contract executed to 
cover the services rendered by said company. 

Section 2. No bills shall be approved by the city auditor 
of said city for payment under authority of this act unless 
and until certificates have been signed and filed with said 
auditor stating, under the penalties of perjury, that the 
services for which bills have been submitted were ordered 
by an official or an employee of said city and that such 
services were rendered to said city. Payment of said bills 
shall be charged to the encumbered balance set aside or 
reserved by the city auditor at the time orders were origi- 
nally issued to Nutter's System, Inc. for the performance 
of the services represented by the bills. 

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

Approved May I4, 194S. 

An Act removing the statutory limitation on the (Jhd^ 272 
amount of the salary of the commissioner of public 

WORKS OF the city OF "WORCESTER. 

Be it enacted, etc., as folloics: 

Section one of chapter two hundred and ten of the acts 
of nineteen hundred and thirty-nine is hereby amended by 
striking out the last sentence. Approved May I4, 1943. 



286 



Acts, 1943. — Chap. 273. 



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



Political 
contributions 
by certain 
corporations 
regulated. 



Chap. 27 S An Act amending the provisions of the corrupt prac- 
tices LAW RELATIVE TO THE ACTIVITIES OF CERTAIN COR- 
PORATIONS WHEN AFFECTED BY INITIATIVE PETITIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-five of the General Laws is 
hereby amended by striking out section seven, as amended 
by chapter seventy-five of the acts of nineteen hundred and 
thirty-eight, and inserting in place thereof the following 
section: — Section 7. No corporation carrying on the busi- 
ness of a bank, trust, surety, indemnity, safe deposit, in- 
surance, railroad, street railway, telegraph, telephone, gas, 
electric light, heat, power, canal, aqueduct, or water com- 
pany, no company having the right to take land by eminent 
domain or to exercise franchises in public ways, granted by 
the commonwealth or by any county, city or town, no trus- 
tee or trustees owning or holding the majority of the stock 
of such a corporation, no business corporation incorporated 
under the laws of or doing business in the commonwealth 
and no officer or agent acting in behalf of any corporation 
mentioned in this section, shall directly or indirectly give, 
pay, expend or contribute, or promise to give, pay, expend 
or contribute, any money or other valuable thing for the 
purpose of aiding, promoting or preventing the nomination 
or election of any person to public office, or aiding, promot- 
ing or antagonizing the interests of any political party, or 
influencing or affecting the vote on any question submitted 
to the voters, other than one materially affecting any of the 
property, business or assets of the corporation. No person 
or persons, no political committee, and no person acting 
under the authority of a political committee, or in its be- 
half, shall solicit or receive from such corporation or such 
holders of stock any gift, payment, expenditure, contribu- 
tion or promise to give, pay, expend or contribute for any 
such purpose. 

Section 2. Said chapter fifty-five is hereby further 
amended by inserting after section seventeen, as amended, 
the following section: — Section 17 A. The treasurer of any 
corporation mentioned in section seven which has given, 
paid, expended or contributed, or promised to give, pay, ex- 
pend or contribute, any money or other valuable thing in 
order to influence or affect the vote on any question sub- 
mitted to the voters which materially affects any of the 
property, business or assets of the corporation, shall, within 
thirty days after the election at which the question was 
submitted to the voters, file a statement with the state sec- 
retary setting forth the amount of every gift, payment, ex- 
penditure or contribution or promise to give, pay, expend 
or contribute, together with the date, purpose, and name 
and last known address of the person to whom it was made. 

Approved May I4, 1943. 



G. L. (Ter. 
Ed.), 55, new 
§ 17A, added. 

Statement 
of contribu- 
tions to be 
filed. 



Acts, 1943. — Chaps. 274, 275. 287 

An Act providing for one day off in every six days Qjiav 274 

FOR police officers IN THE CITY OF BOSTON. ' 

Be it enacted, etc., as follows: 

Section 1. Members of the police department of the 
city of Boston shall be excused from duty for one day out 
of every six without loss of pay. The time and manner of 
excusing members of said police department from duty shall 
be determined by the police commissioner for said city. A 
member so excused shall be exempt from duty and from 
attendance at a police station or other place, but otherwise 
shall be subject to all laws, rules and regulations relating to 
members of said department. Said police commissioner, in 
case of any public emergency, or of any unusual demand for 
the services of the police in said city, may prevent any mem- 
ber of said department from taking the day off at the time 
when he is entitled thereto, or at the time assigned therefor; 
provided, that such day off shall be granted to him as soon 
thereafter as is practicable. In no case shall the number 
of such days off be less than sixty in each year and they 
shall be in addition to any annual vacation now or hereafter 
allowed to members of said department, and such annual 
vacation shall not be diminished on account thereof. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, subject to 
the provisions of its charter; provided, that no such ac- 
ceptance shall take place prior to the expiration of ninety 
days after the termination of the existing states of war be- 
tween the United States and any foreign country has been 
officially proclaimed. Approved May 14, 1943. 



Chap.275 



An Act to make uniform the period of time of lia- 
bility OF THE commonwealth IN CONNECTION WITH 
NOTICES OF THE GIVING OF PUBLIC ASSISTANCE BY CITIES 
AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and sixteen of chapter g. l. (Ter. 
one hundred and eleven of the General Laws, as appearing f I'le/"' 
in the Tercentenary Edition, is hereby amended by striking amended. 
out, in the twenty-ninth line, the word "five" and inserting 
in place thereof the word : — ten, — so that the sentence ap- 
pearing in the twenty-fourth to the thirty-second lines will 
read as follows : — In any case liable to be maintained by Payment of 
the commonwealth when public aid has been rendered to expe^nses 
such sick person, a written notice shall be sent to the de- regulated. 
partment of public welfare, containing such information as 
will show that the person named therein is a proper charge 
to the commonwealth, and reimbursement shall be made for 
reasonable expenses incurred within ten days next before 
such notice is mailed, and thereafter until such sick person 



288 



Acts, 1943. — Chap. 276. 



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



Towns reim- 
bursed, when. 



is removed under section twelve of chapter one hundred and 
twenty-one, or is able to be so removed without endanger- 
ing his or the public health. 

Section 2. Section eighteen of chapter one hundred and 
twenty-two of the General Laws, as most recently amended 
by chapter four hundred and twelve of the acts of nineteen 
hundred and forty-one, is hereby further amended by strik- 
ing out, in the second line, the word "five" and inserting in 
place thereof the word : — ten, — so that the first sentence 
will read as follows : — Reasonable expenses incurred by a 
town under section seventeen within ten 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. Approved May I4, 1943. 



G. L. (Ter. 
Ed.), 152, 
§ 34A, etc., 
amended. 



Payments for 
total disability 
reKiilated. 



Chap. 27 6 An Act increasing the minimum and maximum amounts 

OF WEEKLY COMPENSATION TO BE PAID FOR TOTAL AND 
PERMANENT DISADILITY UNDER THE WORKMEN'S COMPEN- 
SATION LAW. 

Be it enacted, etc., as follows: 

Section thirty-four A of chapter one hundred and fifty- 
two of the General Laws, inserted by chapter three hundred 
and sixty-four of the acts of nineteen hundred and thirty- 
five, is hereby amended by striking out, in the fifteenth 
line, the word "eighteen" and inserting in place thereof 
the word: — twenty, — and by striking out, in the sixteenth 
and eighteenth lines, the word "nine", and inserting in 
place thereof in each instance the word : — eleven, — so as, 
to read as follows: — Section 34A. At any time before or 
after an injured employee has received the maximum com- 
pensation to which he is or may be entitled under sec- 
tions thirty-four and thirty-five, or either of them, such 
employee and the insurer may agree, or, on application for 
a hearing by either party, a member or, on review, the board 
may find, that the disabifity suffered by the injured em- 
ployee is total and permanent. After such an agreement or 
finding, during the continuance of such total and perma- 
nent disability, the insurer shall make or continue to make 
payments to the injured employee under section thirty- 
four so long as compensation is payable under said section, 
and thereafter during such continuance shall pay to the 
injured employee a weekly compensation equal to one half 
his average weekly wages, but not more than twenty dollars 
a week nor less than eleven dollars a week, except that the 
weekly compensation of the injured employee shall be equal 
to his average weekly wages in case such wages are less 
than eleven dollars; but in no case shall such compensation 
be less than seven dollars a week where the normal working 
hours of the injured employee were fifteen hours or more a 
week. In any hearing or investigation under this chapter. 



Acts, 1943. — Chaps. 277, 278. 289 

loss of both hands, or both feet, or both legs, or both eyes, 
or injury to the skull resulting in incurable imbecility or 
insanity, or injury to the spine resulting in permanent and 
complete paralysis of both legs or both arms shall, in the 
absence of conclusive proof to the contrary, constitute 
permanent total disability. In all other cases permanent 
total disability shall be determined in accordance with the 
facts, and proof thereof shall be by weight of the evidence. 
If an employee who has been agreed or found to be totally 
and permanently disabled earns wages at any time there- 
after, payments of compensation may be suspended in the 
manner provided by section twenty-nine. If such wages 
are earned before the injured employee has received the 
maximum compensation to which he is or may be entitled 
as aforesaid, such employee, during the period of suspension, 
may, if otherwise entitled thereto, receive payments under 
section thirty-five; but if such wages are earned after he 
has received such maximum, no payments shall be made 
during such period. Approved May 14, 1943. 

An Act relative to appropriations for school pur- Chav.277 

POSES IN THE CITY OF CAMBRIDGE, 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and eighty-two of 
the acts of nineteen hundred and thirty-eight is hereby 
repealed. 

Section 2. This act shall take effect on November first 
in the current year and shall not affect any appropriation 
for school purposes in the city of Cambridge made prior 
to its effective date. Approved May 14, 1943. 

An Act relative to the furnishing and use of motor nhn^ 278 
vehicle number plates during the existing state of ^' 

WAR and for a certain PERIOD OF TIME THEREAFTER. 

Be it enacted, etc., as folloivs: 

Section 1. If, during the continuance of the existing 
state of war between the United States and any foreign coun- 
try and the six months next following the termination of 
said states of war, the registrar of motor vehicles determines 
that a sufficient supply of steel or other suitable material is 
not available for compliance with the provisions of chapter 
ninety of the General Laws which require that two num- 
ber plates furnished by him be displayed on motor vehicles 
operated in or upon any way in this commonwealth, said 
registrar may, in the case of such class or classes of motor 
A^ehicles as he may determine, furnish one such number 
plate instead of two, and the display of said number plate 
at the rear of any motor vehicle for which such plate is 
furnished shall be lawful notwithstanding the requirements 
of said chapter ninety pertaining to number plates. 



290 Acts, 1943. — Chaps. 279, 280. 

Section 2. During the effective period of section one of 
this act, no fee shall be charged by said registrar for any 
additional number plate furnished by him to replace a plate 
which has been mutilated or is illegible. 

Approved May 14, 1943. 



Chav.279 An Act to exempt from taxation the real estate in 

BOSTON OF THE ISABELLA STEWART GARDNER MUSEUM, 
incorporated, TRUSTEE UNDER THE WILL OF ISABELLA 
STEWART GARDNER. 

Be it enacted, etc., as follows: 

The real estate, hereinafter described, located in the city of 
Boston and held by The Isabella Stewart Gardner Museum, 
Incorporated as trustee under the will of Isabella Stewart 
Gardner, shall be exempt from taxation beginning January 
first, nineteen hundred and forty-three, and continuing so 
long as the museum, known as the Isabella Stewart Gardner 
Museum, is operated by said corporation for the education 
and enjoyment of the public. Said real estate includes the 
building housing said museum and is bounded northwesterly 
by Worthington street; northeasterly by the Fenway; south- 
easterly by Evans Way; southwesterly by land now or 
formerly of Carol H. Powers et al one hundred and twenty- 
one hundredths feet; and northwesterly thirty-two and 
sixty-nine hundredths feet and southwesterly eighty-four 
and eighty-nine hundredths feet by land now or formerly 
of Harold J. Coolidge et al, Trustees; containing about sixty- 
six thousand, seven hundred and ninety-four square feet. 

Approved May 14, 1943. 



Chap. 280 An Act providing for payments to certain municipal 

EMPLOYEES IN LIEU OF VACATIONS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 
G,L. (Ter ScctloH One hundred and eleven of chapter forty-one of 

etc.! 'amended.' the General Laws, as most recently amended by chapter 
three hundred and sixty-eight of the acts of nineteen hun- 
dred and forty-one, is hereby further amended by striking 
out the fourth sentence and inserting in place thereof the 
Payments following two Sentences I — Any such person who has actu- 
l"aiatVns. ally worked for such a city or town for thirty-two weeks in 
the aggregate during the preceding calendar year and whose 
employment is terminated without his having been granted 
the vacation based thereon to which he would otherwise be 
entitled under this section shall be paid an amount equal 
to two weeks' wages at the rate at which he was entitled 
to be compensated for the two weeks immediately preced- 
ing the termination of his employment; and in such case 
the official head of the department in which he was last 
employed shall enter such amount on the departmental pay 



Acts, 1943. — Chaps. 281, 282. 291 

roll. Any official 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 or to make such entry on the depart- 
mental pay roll shall be punished by a fine of not more than 
one hundred dollars. Approved May 14, 194S. 



Chap.2Sl 



An Act relative to the providing of ballots and bal- 
lot LABELS AT ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-five of chapter fifty-four of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is amended. 
herebyjamended by striking out the first sentence and in- 
serting in place thereof the following sentence : — One set Ballots to be 
of ballots, not less than one for each registered voter, shall '"^°'^' 
be provided for each polling place at which an election for 
state, city or town officers is to be held. 

Section 2, Said section forty-five, as so appearing, is g. l. (Ter. 
hereby further amended by adding at the end the following amend^eli.^ ^^' 
paragraph : — 

Where voting machines are used the state secretary or the Baiiot labels 
city and town clerk, as the case may be, shall provide not maJhinM^ 
less than three sets of ballot labels for each such machine 
used. Official ballots shall also be furnished in accordance 
with section thirty-five A. Approved May 14, 1943. 



An Act establishing a minimum entry fee in certain (JJidj) 282 

APPEALS to the APPELLATE TAX BOARD FROM TAXES ON 
certain TANGIBLE PERSONAL PROPERTY. 

Be it enacted, etc., as follows: 

Section seven A of chapter fifty-eight A of the General ^j^-^Jl''- 
Laws,,, as amended, is hereby further amended by striking § 7a', etc..' 
out the third sentence, as appearing in chapter three hun- ^^^nded. 
dred and eighty-four of the acts of nineteen hundred and 
thirty-eight, and inserting in place thereof the following 
sentence : — An appellant desiring to be heard under the informal 
informal procedure shall pay to the clerk the entry fee pro- P'"°''ed^«- 
vided in section seven, except that the minimum entry fee ^°*''-^ ^"^ 
shall be two dollars if the assessed valuation of the property 
on which the tax appealed from was assessed does not ex- 
ceed twenty thousand dollars and such property is occupied 
in whole or in part by the appellant as his dwelling, or if 
the assessed valuation of the property on which the tax 
appealed from was assessed does not exceed five thousand 
dollars and such property is within the class of tangible 
personal property described in clause Twentieth of section 
five of chapter fifty-nine, and shall file a written waiver of 
the right of appeal to the supreme judicial court, except 
upon questions of law raised by the pleadings or by an 
agreed statement of facts or shown by the report of the 



292 Acts, 1943. — Chaps. 283, 284. 

board, an election of the informal procedure and a written 
statement of the facts in the case and of the amount claimed 
in abatement together with such additional information as 
the clerk may require. Approved May 14, 1943. 



Chap. 2SS An Act providing for the reinstatement of richard 

A. LINEHAN IN THE SERVICE OF THE CITY OF LAWRENCE 
FOR THE PURPOSE OF RETIREMENT. 

Be it enacted, etc., as follows: 

Section 1. Richard A. Linehan, who was employed in 
the water department of the city of Lawrence from February, 
nineteen hundred and seven to September, nineteen hundred 
and thirty-eight, except for a period beginning in February, 
nineteen hundred and thirty-seven and ending in June, nine- 
teen hundred and thirty-eight, may be reinstated by said 
city in the service of said department for the purpose of 
being retired as hereinafter provided. Upon such reinstate- 
ment said Linehan may become a member of the contribu- 
tory retirement system of said city, notwithstanding any 
provision of law governing said retirement system that makes 
him ineUgible for membership therein. Upon becoming such 
member, he shall be entitled to all the rights and privileges 
of members of said system which he would have enjoyed if 
he had become a member of the system on June sixth, nine- 
teen hundred and thirty-eight, the date of his re-entry into 
the service of said city; provided, that he first deposits in 
the annuity fund of said system such amount as the board 
of retirement of said system may determine in order to estab- 
lish an account for him in said annuity fund in an amount 
equal to that which it would be if he had been a member 
of said system since said June sixth, nineteen hundred and 
thirty-eight. 

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 May 14, 1943. 



Chap. 2S4: An Act authorizing the suspension and removal of 

CITY AND TOWN COLLECTORS AND THE APPOINTMENT OF 
TEMPORARY COLLECTORS UNDER CERTAIN CIRCUMSTANCES. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter forty-one of the General Laws is hereby amended 

?39B^added. by inserting after section thirty-nine A, inserted by chapter 
eighty-nine of the acts of nineteen hundred and thirty-nine, 
Removal of thc followiug scction : — Section 39B. If, in the opinion of 
collectors by ^^iQ commissioucr of corporations and taxation, hereinafter 

commissioner. ^"^ ^ ^^ . c j c -i. 

referred to as the commissioner, the saiety ot any city or 
town funds may be jeopardized by the continuation in office 
of a city or town collector or a treasurer acting as such col- 



Acts, 1943. — Chap. 285. 293 

lector, the commissioner may petition the superior court for 
the removal of such officer. Pending a hearing upon the 
petition, any justice of such court, if in his judgment the 
public good so requires, may, after a hearing, summary or 
otherwise, as he determines, suspend the authority of such 
officer to act until final action upon the petition is taken. 
In case of such suspension, the commissioner shall notify 
the selectmen of such town or the mayor of such city and 
the officer so suspended shall be deemed to be unable to per- 
form his duties because of disability within the meaning of 
section forty or section sixty-one A. 

The petition of the commissioner may be heard by a jus- 
tice of the superior court sitting in any county after such 
notice to the commissioner and to the officer as the court 
deems necessary. The court shall hear the parties and their 
witnesses and the decision of the court shall be final and con- 
clusive. Proceedings under this section shall be advanced 
for speedy hearing, upon the request of either party. If, 
after hearing, the court shall be of the opinion that the pub- 
lic good so requires, the court shall by decree remove the 
officer. Otherwise, the court shall dismiss the petition and, 
if the authority of the officer to act has been suspended, 
shall restore such authority. 

The word "collector" as used in this section shall include 
a collector of taxes. Approved May 14, 1943. 



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 sec- 
tion one of chapter three hundred and thirty-one of the acts 
of nineteen hundred and forty-one, 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 divi- 
dends on shares in all corporations, joint stock companies 
and banking associations, organized under the laws of this 
commonwealth or under the laws of any state or nation, ex- 
cept co-operative banks", building and loan associations and 
credit unions chartered by the commonwealth, and except 
savings and loan associations under the supervision of the 
commissioner of banks, and income received by any in- 
habitant 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, nineteen hundred 
and forty-one, nineteen hundred and forty-two, nineteen 
hundred and forty-three, nineteen hundred and forty-four 



C/iap.285 



294 Acts, 1943. — Chap. 285. 

and nineteen hundred and forty-five from such dividends, 
other than stock dividends paid in new stock of the company 
issuing the same, shall be taxed at the rate of six per cent per 
annum. Inhabitant of the commonwealth shall include (a) 
estates and fiduciaries specified in sections nine, ten, thirteen 
and fourteen of chapter sixty-two of the General Laws, 
(b) partnerships specified in section seventeen of said chap- 
ter 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 pro- 
visions of said chapter sixty- two shall apply to the taxation 
of income received by any such inhabitant during said years. 
Subsection (6) of section one of said chapter sixty-two shall 
not apply to 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 re- 
cently amended by section two of said chapter three hundred 
. and thirty-one, and inserting in place thereof the follow- 
ing section : — Section 9 A . The credit for dividends paid 
to inhabitants of this commonwealth by foreign corpora- 
tions 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 cor- 
porations or to foreign manufacturing corporations in re- 
spect to dividends so paid in the years nineteen hundred 
and thirty-three, nineteen hundred and thirty-four, nmeteen 
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 hun- 
dred and forty, nineteen hundred and forty-one, nineteen 
hundred and forty-two, nineteen hundred and forty-three, 
nineteen hundred and forty-four and nineteen hundred and 
forty-five. 

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 hun- 
dred and thirty-one, and inserting in place thereof the fol- 
lowing section: — Section 10. Every corporation organized 
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 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 hun- 
dred and thirty-eight, nineteen hundred and thirty-nine, 
nineteen hundred and forty, nineteen hundred and forty- 



Acts, 1943. — Chap. 285. 295 

one, nineteen hundred and forty-two, nineteen hundred and 
forty-three, nineteen hundred and forty-four, nineteen hun- 
dred and forty-five and nineteen hundred and forty-six, file 
with the commissioner of corporations and taxation, herein- 
after called the commissioner, in such form as he shall pre- 
scribe, a complete list of the names and addresses of its share- 
holders as of record on December thirty-first next preceding, 
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 para- 
graph of section thirty-three of said chapter sixty-two shall 
not apply to returns relative to shareholders receiving divi- 
dends in the years nineteen hundred and thirty-three, nine- 
teen hundred and thirty-four, nineteen hundred and thirty- 
five, nineteen hundred and tliirty-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, nineteen hundred and 
forty-four and nineteen hundred and forty-five. 

Section 4. Said chapter three hundred and seven is hereby 
further amended by striking out section eleven, as most re- 
cently amended by section four of said chapter three hundred 
and thirty-one, and inserting in place thereof the following 
section: — Section 11. The state treasurer shall, on or before 
November twentieth, in the years nineteen hundred and 
thirty-four, nineteen hundred and thirty-five, nineteen hun- 
dred and thirty-six, nineteen hundred and thirty-seven, nine- 
teen 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, nineteen hundred and forty-four, nineteen 
hundred and forty-five and nineteen hundred and forty-six, 
distribute to the several cities and towns, in proportion to the 
amounts of state tax imposed upon such cities and towns in 
said years, respectively, the proceeds of the taxes collected 
by the 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 re- 
funded under section twenty-seven of chapter fifty-eight of 
the General Laws, during said years, together with any inter- 
est or costs paid on account of refunds, which shall be re- 
tained by the commonwealth. Any amount payable to a 
city or town hereunder shall be included by the assessors 
thereof as an estimated receipt, and be deducted, in accord- 
ance with section twenty-three of chapter fifty-nine of the 
General Laws, from the amount required to be raised by 
taxation to meet appropriations made in such years for pub- 
lic welfare, soldiers' benefits and maturing debts, in that 
order. 



296 Acts, 1943. — Chap. 286. 

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 hunr 
dred and thirty-one, and inserting in place thereof the fol- 
lowing paragraph : -^ During the years nineteen hundred 
and thirty-four, nineteen hundred and thirty-five, nineteen 
hundred and thirty-six, nineteen hundred and thirty-seven, 
nineteen hundred and thirty-eight, nineteen hundred and 
thirty-nine, nineteen hundred and forty, nineteen hundred 
and forty-one, nineteen hundred and forty-two, nineteen 
hundred and forty-three, nineteen hundred and forty-four, 
nineteen hundred and forty-five and nineteen hundred and 
forty-six, every corporation subject to section thirty-eight B 
of chapter sixty-three of the General Laws shall, except as 
provided in section fifty-six A of said chapter, as amended by 
section three hereof, pay annually a minimum excise of not 
less than the amount, if any, by which the sum of (1), (2), 
(3) and (4) following exceeds six per cent of the dividends 
paid by such corporation during the year corresponding to 
that in which the income is received : — 

Section 6. Any reference in said chapter three hundred 
and seventeen or in section four of chapter three hundred 
and sixty-two of the acts of nineteen hundred and thirty- 
six to section nine of chapter three hundred and seven of 
the acts of nineteen hundred and thirty-three shall be taken 
to refer to said section, as most recently amended by section 
one of this act. Approved May 14, 1943. 



Chap. 2SQ An Act extending the time for acceptance of an act 

TO ESTABLISH IN THE TOWN OF NATICK REPRESENTATIVE 
TOWN GOVERNMENT BY LIMITED TOWN MEETINGS. 

Be it enacted, etc., as follows: 

Section thirteen of chapter two of the acts of nineteen 
hundred and thirty-eight is hereby amended by striking 
out, in the fifth line and in the sixth line, the word "five" 
and inserting in place thereof, in each instance, the word: 
— ten, — so as to read as follows: — Section 13. If this 
act is rejected by the registered voters of the town of Natick 
when first submitted to said voters under section twelve, 
it may again be submitted for acceptance in like manner 
from time to time to such voters at any annual or special 
town meeting within ten years thereafter, but not more than 
ten times in the aggregate, and, if accepted by a majority 
of the voters voting thereon at such an election, shall there- 
upon take effect for all purposes incidental to the next annual 
town election in said town, and shall take full effect beginning 
with said election. Approved May 14, 1943. 



Acts, 1943. — Chaps. 287, 288, 289. 297 



An Act authorizing cities and towns to make appro- Chap. 2S7 

PRIATIONS prior TO JANUARY FIRST, NINETEEN HUNDRED 
AND FORTY-SIX FOR THE SUPPRESSION AND ERADICATION 
OF RAGWEED. 

Be it enacted, etc., as follows: 

Section 1. Any city or town may appropriate money 
to acquire information regarding the growth of ragweed 
within its Umits and to do such things as are considered 
necessary to suppress, eradicate and destroy ragweed. Ap- 
propriations voted for this purpose shall be expended under 
the direction of such department as may be designated by 
the town meeting in a town or the city council in a city. 

Section 2. Duly authorized officials of any city or town 
in which an appropriation is voted under authority of this 
act, or their agents, representatives or employees, may en- 
ter upon land within the limits thereof to carry out the 
purposes for which such appropriation is voted. 

Section 3. This act shall become inoperative on Jan- 
uary first, nineteen hundred and forty-six. 

Approved May 14, 194S. 



Chap.2S8 



An Act regulating the charges and fees to be col- 
lected BY THE COMMISSIONER OF INSURANCE FOR AUDITING 
FINANCIAL STATEMENTS OF CERTAIN FOREIGN INSURANCE 
COMPANIES IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section fourteen of chapter one hundred and seventy- o. l. (Ter. 
five of the General Laws, as amended, is hereby further ^tcii'amenied*' 
amended by striking out the paragraph contained in the 
twenty-second to the twenty-sixth lines, as appearing in 
chapter six hundred and ninety-three of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
following : — 

For filing financial statement with the appHcation for CoUection 
admission of a foreign company under section one hundred and'feel^ 
and fifty-one, and for the fihng of each annual statement 
of a foreign company under section twenty-five, and for 
the auditing of each financial statement of an unadmitted 
foreign company filed for the purpose of qualifying as a 
reinsurer under clause (6) of section twenty, twenty dollars; 

Approved May I4, 1943. 

An Act relative to the vote required for the passage (Jfidj) 289 

OF CERTAIN ORDERS BY THE CITY COUNCIL OF THE CITY OF 
BOSTON AND TO THE NUMBER OF MEMBERS THEREOF 
NECESSARY TO PROCEED WITH THE DRAWING OF JURORS, 
DURING THE PRESENT WAR. 

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, 



298 Acts, 1943. — Chap. 290. 

the vote required for the passage of orders by the city council 
of the city of Boston under section two of chapter four 
hundred and eighty-six of the acts of nineteen hundred and 
nine, as amended, or under any other general or special 
law applicable to-said city which requires a vote of two thirds 
of the members, shall be the vote of two thirds of the mem- 
bers of said city council 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. 

Section 2. When jurors are to be drawn in the city of 
Boston during the continuance of the existing state of war 
between the United States and any foreign country, a 
majority of the members of the city council, exclusive of 
those members who are in the military or naval forces of 
the United States, shall be a sufficient number to proceed 
with such drawing in the manner prescribed by section 
eighteen of chapter two hundred and thirty-four of the 
General Laws. 

Section 3. This act shall take full effect upon its 
acceptance by vote of the city council of said city, subject 
to the provisions of its charter, but not otherwise. 

Approved May 14, 1943. 



Chap. 2Q0 An Act relative to certain information to be fur- 
nished TO voters at elections where voting machines 

ARE USED. 

Be it enacted, etc., as folloivs: 

EdV'sI^s'ds Section forty-eight of chapter fifty-four of the General 
amended. ' Laws, as appearing in the Tercentenary Edition, is hereby 
amended by adding after the second sentence the following 
sentence : — For each polling place where voting machines 
are used they shall also provide ten voting machine sample 
ballots which shall be facsimiles of the face of^the voting 
machine as it will appear when set up for use, — so as to 
instruotiona read as follows : — Section 4^- The state secretary in state 
elections, city clerks in city elections, and town clerks in 
town elections at which official ballots are used, shall, for 
every such election, prepare and cause to be printed in large 
clear type cards containing full instructions to voters for 
obtaining ballots, marking them, obtaining assistance and 
new ballots in place of those accidentally spoiled; and on 
separate cards such abstracts of the laws imposing penalties 
upon voters as they shall deem proper. They shall also 
provide for each polling place ten or more specimen ballots 
which shall be facsimiles of the ballots provided for voting, 
but printed without the endorsements and on colored paper. 
For each polling place where voting machines are used they 
shall also provide ten voting machine sample ballots which 
shall be facsimiles of the face of the voting machine as it 
will appear when set up for use. The state secretary shall 



to voters. 



Acts, 1943. — Chap. 291. 299 

provide copies of any proposed amendment to the con- Copies of 
stitution, law or proposed law, submitted to the people, amendments 
with a heading in large type, "Proposed Amendment to the to constitution. 
Constitution", "Law Submitted upon Referendum after 
Passage", "Law Proposed by Initiative Petition", as the 
case may be. Approved May I4, 1943. 



An Act to restrict the sale, use, and the keeping or Qjiaj) 291 

OFFERING FOR SALE OF FIREWORKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and foi;fcy-eight of Ed)"!!!"^! 39 
the General Laws is hereby amended by striking out section amended.' 
thirty-nine, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section : — Section 39. Irlwo^v^s' °^ 
No person shall sell^ or keep or offer for sale, or use, explode, regulated. 
or cause to explode, any combustible or explosive composi- 
tion or substance, or any combmation of such compositions 
or substances, or any other article, which was prepared for 
the purpose of producing a visible or audible effect by 
combustion, explosion, deflagration or detonation, includ- 
ing in the above terms blank cartridges or toy cannons in 
which explosives are used, the type of balloon which requires 
fire underneath to propel the same, firecrackers, torpedoes, 
sky-rockets, Roman candles, bombs, sparklers, rockets, 
wheels, colored fires, fountains, mines, serpents, or other 
fireworks of like construction or any fireworks containing 
any explosive or flammable compound, or any tablets or 
other device containing any explosive substance; provided, 
that the term "fireworks" as used herein shall not include 
toy pistols, toy canes, toy guns, or other devices in which 
paper caps containing twenty-five hundredths grains or 
less of explosive compound are used, if they are so con- 
structed that the hand cannot come in contact with the 
cap when in place for the explosion, or toy pistol paper 
caps which contain less than twenty hundredths grains of 
explosive mixture, the sale and use of which shall be per- 
mitted at all times; and provided, further, that this section 
shall not apply (1) to the sale of any article herein named 
to be shipped directly out of the commonwealth, or (2) 
to the sale of any such article for the use of, and its use 
by, persons having obtained a permit for a supervised dis- 
play of fireworks from the marshal or some officer desig- 
nated by him therefor, under any provision of section thirty- 
nine A, or (3) to the sale of flares, lanterns or fireworks 
for the use of, and their use by, railroads, railways, boats, 
motor vehicles or other transportation agencies, or other 
activity, lawfully permitted or required to use any or all of 
such articles for signal purposes, illumination or otherwise, 
or (4) to the sale or use of blank cartridges for a duly licensed 
show or theatre or for signal or ceremonial purposes in 
athletics or sports, or (5) to experiments at a factory for 



300 



Acts, 1943. — Chap. 291. 



G. L. (Ter. 
Ed.), 148. 
new I 39A, 
added. 

Permits for 
displays of 
fireworks. 



G. L. (Ter. 
Ed.), 148, § 50, 
amended. 



Search war- 
rants for 
explosives 
illegally kept. 



G. L. (Ter. 
Ed.), 148, §53, 
repealed. 



explosives, or (6) to the sale of blank cartridges for the 
use of, or their use by, the militia or any organization of 
war veterans or other organizations authorized by law to 
parade in public a color guard armed with firearms, or (7) 
in teaching the use of firearms by experts, or (8) to the 
sale of shells for firearms, cartridges, gunpowder and explo- 
sives for the purpose of using, and their use, in or in con- 
nection with the hunting of game or in target practice with 
firearms. 

Section 2. Said chapter one hundred and forty-eight 
is hereby further amended by inserting after section thirty- 
nine, as amended, the following section: — Section 39 A. 
The marshal shall make rules and regulations for the grant- 
ing of permits for supervised displays of fireworks by mu- 
nicipalities, fair associations, amusement parks and other 
organizations or groups of individuals. Such rules and 
regulations shall provide in part that (a) every such dis- 
play shall be handled by a competent operator to be ap- 
proved by the chiefs of the police and fire departments, 
or officer or officers having similar powers and duties, of 
the municipality in which the display is to be held and 
shall be of such a character, and so located, discharged or 
fired as, in the opinion of the chief of the fire department 
or the officer or officers having similar powers and duties, 
after proper inspection, not to be hazardous to property 
or to endanger any person or persons, (6) application for 
permits shall be made in writing at least fifteen days in 
advance of the date of the display, and (c) no permit so 
granted shall be transferable. 

Section 3. Section fifty of said chapter one hundred 
and forty-eight, as so appearing, is hereby amended by 
inserting after the word "fluids" in the fifth line the words: 
— , or any of the articles named in section thirty-nine, — 
so as to read as follows : — Section 50. Upon complaint 
made to a court or justice authorized to issue warrants in 
criminal cases that the complainant has probable cause to 
suspect and does suspect that gunpowder, dynamite or any 
other explosives, crude petroleum or any of its products, 
or explosive or inflammable fluids, or any of the articles 
named in section thirty-nine, are kept or are to be found 
in any place contrary to this chapter or regulations made 
hereunder, such court or justice may issue a search warrant 
in conformity with chapter two hundred and seventy-six, 
so far as applicable, commanding the officer to whom the 
warrant is directed to enter any shop, building, manu- 
factory, vehicle or vessel specified in the warrant, and there 
make diligent search for the articles specified in the warrant, 
and make return of his doings forthwith to the court or 
justice having jurisdiction thereof. Such warrants may be 
directed to an inspector or to the head of the fire department. 

Section 4. Said chapter one hundred and forty-eight is 
hereby further amended by striking out section fifty-three, 
as so appearing. Approved May 18, 1943. 



Acts, 1943. — Chaps. 292, 293. 301 



An Act relative to orders for payment by judgment Chap. 292 

DEBTORS UNDER SUPPLEMENTARY PROCESS. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter two hundred and S\^-,^'^^'"-. 
twenty-four of the General Laws, as appearing in the Ter- amended.' 
centenary Edition, is hereby amended by striking out, in 
the twelfth, thirteenth and fourteenth lines, the words "a 
reasonable amount for the support of himself and family, 
which amount need not be stated" and inserting in place 
thereof the words : — an amount not less than twenty dol- 
lars each week for the support of himself and family if he be 
the head of a family, — so as to read as follows: — Section 16. Dismissal of 
If the court finds that the debtor has no property not exempt when! "^^^' 
from being taken on execution, and is unable to pay the orders for pay- 
judgment, in full or by partial payments, or if the creditor ^^^^' ^**'- 
fails to appear at the examination, personally or by attorney, obe^jj^o^rders 
the proceedings may be dismissed. If the court is satisfied to constitute 
that the debtor has property not exempt from being taken of^o^wt!* 
on execution, the court may order him to produce it, or so 
much thereof as may be sufficient to satisfy the judgment and 
costs of the proceedings, so that it may be taken on the exe- 
cution; or may order him to execute, acknowledge if neces- 
sary, and deliver to the judgment creditor, or to a person in 
his behaK, a transfer, assignment or conveyance thereof; or 
if the debtor is able to pay the judgment in full or by partial 
payments the court may, after allowing the debtor out of 
his income an amount not less than twenty dollars each week 
for the support of himseK and family if he be the head of a 
family, order the debtor to pay the judgment and costs of 
the proceedings in full or by partial payments from time to 
time ; or the court may make an order combining any of the 
orders above mentioned. The court may prescribe the times, 
places, amounts of payments, forms of instruments and 
other details in making any of the orders above mentioned. 
The court may at any time renew, revise, modify, suspend or 
revoke any order made in any proceedings under the provi- 
sions of this chapter. Failure, without just excuse, to obey 
any lawful order of the court in supplementary proceedings 
shall constitute a contempt of court. 

Section 2. This act shall take effect on September first ^^^"'^^''^ 
in the current year. Approved May 18, 1943. 



An Act prohibiting employees of hospitals from ne- C/iap. 293 

GOTIATING FOR THE SETTLEMENT OF CERTAIN PERSONAL 
injury CLAIMS. 

Be it enacted, etc., as follows: 

Section forty-four A of chapter two hundred and twenty- g. l. (Ter. 
one of the General Laws, inserted by section two of chapter § 44^.^ eti., 
one hundred and ninety-seven of the acts of nineteen hun- amended. 



302 



Acts, 1943. — Chap. 294. 



Hospital, etc., 
employees 
prohibited 
from assisting 
attorneys to 
secure em- 
ployment in 
claim for 
damages. 



dred and thirty-nine, is hereby amended by inserting after 
the word "institution" in the tenth Hne the following sen- 
tence : — No such person in the employ of any hospital shall 
negotiate or attempt to negotiate the settlement of any such 
claim, — so as to read as follows: — Section 44^. No per- 
son in the employ of, or in any capacity attached to or 
connected with, any hospital, inJBrmary or other institution, 
public or private, which receives patients for medical or surgi- 
cal treatment, shall communicate, directly or indirectly, with 
any attorney at law, or any person representing such attor- 
ney, for the purpose of enabling such attorney, or any asso- 
ciate or employee of such attorney, to solicit employment 
to present a claim for damages or prosecute an action for the 
enforcement thereof, on behalf of any patient in any such 
institution. No such person in the employ of any hospital 
shall negotiate or attempt to nego]biate the settlement of 
any such claim. A district court, upon complaint alleging 
violation of any provision of this section by any person 
employed by, or attached to, or connected with, any such 
hospital, infirmary or other institution situated within its 
judicial district, may issue an order of notice to the person 
complained of to show cause why he should not be ordered 
to desist and refrain from violation of any such provision on 
penalty of contempt. Approved May 18, 1943. 



Chap. 294: An Act establishing the basis of apportionment of 

STATE AND COUNTY TAXES. 

Be it enacted, etc., as follows: 

The amount of property and the proportion of every 
thousand dollars of state tax for each city and town in the 
several counties of the commonwealth, as contained in the 
following schedule, are hereby established, and shall consti- 
tute a basis of apportionment for state and county taxes for 
the years nineteen hundred and forty-four and nineteen 
hundred and forty-five, or until another is made and en- 
acted by the general court, to wit: 

BARNSTABLE COUNTY. 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Barnstable ..... 


$27,882,385 


$4 11 


Bourne 










10,204,332 


1 52 


Brewster . 










2,245,971 


34 


Chatham . 










7,455,507 


1 10 


Dennis 










4,704,024 


71 


Eastham . 










1,528,689 


23 


Falmouth 










23,738,631 


3 50 


Harwich . 










7,745,170 


1 15 


Mashpee . 






• 


1,008,934 


15 



Acts, 1943. — Chap. 294. 

BAENSTABLE COUNTY — Concluded. 



303 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Orleans ...... 

Provincetown ..... 

Sandwich ...... 

Truro ...... 

Wellfleet 

Yarmouth ..... 


$4,579,546 
5,656,332 
2,955,066 
1,693,414 
2,180,873 
6,674,483 


$0 69 
89 
45 
26 
33 
99 


Totals 


$110,253,357 


$16 42 



BERKSHIRE COUNTY. 



Adams ...... 


$11,690,534 


$1 90 


Alford 






358,338 


05 


Becket 








860,045 


13 


Cheshire . 








1,235,950 


19 


Clarksburg 








946,151 


14 


Dalton 








7,644,806 


1 15 


Egremont 








1,064,148 


16 


Florida 








1,530,580 


23 


Great Barrington 








9,496,855 


1 45 


Hancock . 








509,884 


08 


Hinsdale . 








1,016,063 


15 


Lanesborough . 








1,530,142 


23 


Lee . 








5,602,589 


85 


Lenox 








5,168,096 


78 


Monterey 








923,528 


14 


Mount Washington 








212,790 


03 


New Ashford 








136,486 


02 


New Marlborough 








1,559,241 


24 


North Adams . 








22,968,759 


3 59 


Otis 








740,055 


11 


Peru 








305,216 


05 


Pittsfield . 








66,625,332 


10 23 


Richmond 








817,253 


12 


Sandisfield 








748,222 


11 


Savoy 








205,216 


03 


Sheffield . 








1,772,822 


27 


Stockbridge 








4,926,999 


75 


Tyringham 








512,397 


08 


Washington 








230,216 


03 


West Stockbridge 








. 1,553,162 


23 


Williamstown . 








7,650,974 


1 16 


Windsor . 








510,432 


08 


Totals 








$161,053,281 


$24 76 



BRISTOL COUNTY. 



Acushnet ...... 


$3,562,975 


$0 54 


Attleboro ...... 


29,331,683 


4 56 


Berkley ...... 


982,261 


15 


Dartmouth ..... 


12,794,738 


1 98 


Dighton ...... 


3,649,206 


55 



304 



Acts, 1943. — Chap. 294. 

BRISTOL COUNTY — Concluded. 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Easton ...... 


$5,573,399 


$0 84 


Fairhaven 










12,097,287 


1 83 


FaU River 










118,261,192 


17 89 


Freetown . 










1,539,671 


23 


Mansfield 










8,380,034 


1 30 


New Bedford 










123,466,066 


18 67 


North Attleborough 










11,287,794 


1 71 


Norton 










2,561,799 


39 


Raynham 










2,015,791 


30 


Rehoboth 










3,099,981 


47 


Seekonk 










5,988,005 


92 


Somerset . 










14,343,310 


2 17 


Swansea . 










4,882,200 


74 


Taunton . 










38,439,784 


5 81 


Westport . 








5,882,349 


91 


Totals 










$408,139,525 


$61 96 



DUKES COUNTY. 



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

Totals 



$814,344 
5,058,103 

173,912 
1,322,169 
5,050,008 
6,100,586 

783,404 



$19,302,526 







ESSEX 


COUNTY. 




Amesbury. . . 


$8,791,107 


$1 33 


Andover . 










19,736,226 


3 00 


Beverly . 










41,747,108 


6 29 


Boxford . 










1,261,858 


19 


Danvers . 










14,479,191 


2 22 


Essex 










1,616,490 


24 


Georgetown 










2,042,763 


31 


Gloucester 










38,763,610 


5 86 


Groveland 










1,635,660 


25 


Hamilton . 










5,915,914 


88 


Haverhill 










52,704,032 


7 97 


Ipswich 










7,544,807 


1 18 


Lawrence . 










101,077,836 


15 29 


Lynn 










143,715,272 


21 78 


Lynnfield . 










5,595,973 


85 


Manchester 










10,244,261 


1 55 


Marblehead 










23,619,687 


3 56 


Merrimac 










; 2,102,794 


32 


Methuen . 










22,076,331 


3 34 


Middleton 










2,312,860 


35 


Nahant ...... 


6,088,433 


90 



Acts, 1943. — Chap. 294. 

ESSEX COUNTY — Concluded. 



305 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Newbury ...... 


$2,429,095 


$0 37 


Newburyport . 








13,181,239 


1 99 


North Andover 








8,805,212 


1 36 


Peabody . 








25,186,090 


3 95 


Rockport . 








6,209,169 


94 


Rowley 








1,732,617 


26 


Salem 








60,383,956 


9 17 


Salisbury . 








3,215,223 


49 


Saugus 








16,404,206 


2 48 


Swampscott 








25,650,238 


3 82 


Topsfield . 








3,035,059 


46 


Wenham . 








4,177,516 


63 


West Newbury . 








1,535,026 


23 


Totals 








$685,016,859 


$103 81 



FRANKLIN COUNTY. 



Ashfield ...... 


$1,335,958 


$0 20 


Bemardston 










1,020,865 


15 


Buckland . 










3,091,131 


47 


Charlemont 










975,909 


15 


Col rain 










1,713,042 


26 


Conway . 










1,025,599 


16 


Deerfield . 










4,415,192 


67 


Erving 










2,487,499 


38 


Gill . 










1,026,251 


16 


Greenfield 










32,168,555 


4 81 


Hawley 










255,910 


04 


Heath 










409,337 


06 


Leverett . 










525,444 


08 


Leyden 










331,520 


05 


Monroe 










1,076,882 


16 


Montague. 










10,747,352 


1 64 


New Salem 










357,824 


05 


Northfield 










2,060,374 


31 


Orange 










4,982,009 


75 


Rowe 










713,828 


11 


Shelburne 










3,591,141 


54 


Shutesbury 










407,824 


06 


Sunderland 










1,328,185 


20 


Warwick . 










368,037 


06 


WendeU . 










321,108 


05 


Whately . 










1,395,141 


21 


Totals 










$78,131,917 


$11 78 



HAMPDEN COUNTY. 



Agawam , 
Blandford 
Brimfield . 
C'hester 



59,923,593 

918,256 

1,116,072 

1,430,975 



$1 53 
14 
17 
22 



306 



Acts, 1943. — Chap. 294. 

HAMPDEN COUNTY — Concluded. 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Chicopee ..... 


$42,317,076 


$6 63 


East Longmeadow 








5,112,237 


77 


Granville . 










2,053,367 


31 


Hampden 












1,026,578 


16 


Holland . 












239,094 


04 


Holyoke . 












86,598,821 


13 14 


Longmeadow 












18,736,083 


2 77 


Ludlow 












8,528,104 


1 33 


Monson . 












3,682,807 


56 


Montgomery 












306,521 


05 


Palmer 












8,490,658 


1 36 


Russell 












4,509,907 


68 


Southwick 












2,221,759 


34 


Springfield 












276,365,523 


41 45 


Tolland 












457,824 


07 


Wales 












397,235 


.06 


West Springfield 












27,560,547 


4 18 


Westfield . 












22,273,243 


3 47 


Wilbraham 


. 


• 




3,452,200 


52 


Totals 












$527,718,480 


$79 95 



HAMPSHIRE COUNTY. 



Amherst ...... 


$10,700,944 


$1 63 


Belchertown 








1,714,675 


26 


Chesterfield 










612,749 


09 


Cummington 










595,614 


09 


Easthampton 










11,723,701 


1 77 


Goshen 










409,530 


06 


Granby 










1,029,989 


16 


Hadley . 










3,064,213 


46 


Hatfield . 










3,062,429 


46 


Huntington 










1,145,940 


17 


Middlefield 










356,520 


05 


Northampton 










29,316,062 


4 49 


Pelham 










715,009 


11 


Plainfield . 










356,520 


05 


South Hadley 










9,643,976 


1 47 


Southampton 










1,229,316 


19 


Ware 










7,145,455 


1 08 


Westhampton 










375,900 


06 


Wilhamsburg 










1,498,287 


23 


Worthington 










816,648 


12 


Totals 










$85,512,477 


$13 00 



MIDDLESEX COUNTY. 



Acton ...... 


$4,346,064 


$0 66 


Arlington ...... 


60,335,449 


9 12 


Ashby ...... 


1,326,821 


20 


Ashland ...... 


2,975,082 


45 


Ayer ...... 


4,119,790 


62 



Acts, 1943. — Chap. 294. 

MIDDLESEX COUNTY — Concluded. 



307 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Bedford 


$3,062,259 


$0 46 


Belmont . 










55,049,420 


8 23 


Billerica 










9,618,284 


1 45 


Boxbo rough 










407,824 


06 


Burlington 










2,553,466 


39 


Cambridge 










184,326,566 


27 88 


Carlisle 










1,223,473 


19 


Chelmsford 










8,258,498 


1 25 


Concord . 










13,028,069 


1 97 


Dracut 










4,983,950 


75 


Dunstable 










443,007 


07 


Everett . 










78,817,491 


11 97 


Framingham 










37,599,843 


5 68 


Groton 










4,938,974 


75 


HoUiston . 










4,023,374 


61 


Hopkinton 










3,606,425 


55 


Hudson 










7,649,530 


1 16 


Lexington 










25,329,895 


3 76 


Lincoln 










4,576,960 


69 


Littleton . 










3,171,534 


48 


Lowell 










102,599,923 


15 93 


Maiden 










76,576,832 


11 58 


Marlborough 










16,934,978 


2 56 


Maynard . 










7,777,660 


1 18 


Medford . 










85,750,742 


12 97 


Melrose . 










41,656,140 


6 31 


Natick 










21,609,664 


3 28 


Newton . 










174,560,417 


25 86 


North Reading 










2,723,596 


41 


Pepperell . 










3,194,486 


48 


Reading . 










18,824,803 


2 85 


Sherborn . 










3,056,074 


46 


Shirley . 










2,520,169 


38 


Somerville 










114,046,295 


17 25 


Stoneham 










15,896,158 


2 40 


Stow 










1,427,510 


22 


Sudbury . 










3,680,300 


56 


Tewksbury 










4,904,601 


74 


Townsend 










2,601,264 


39 


Tyngsborough 










1,532,549 


23 


Wakefield 










22,733,751 


3 48 


Waltham . 










57,897,104 


8 79 


Watertown 










56,487,036 


8 52 


Wayland . 










6,081,269 


92 


Westford . 










4,748,684" 


72 


Weston 










11,660,508 


1 75 


Wilmington 










4,596,499 


70 


Winchester 










35,974,250 


5 35 


Woburn . 










22,849,849 


3 46 


Totals 










$1,450,675,159 


$219 13 



NANTUCKET COUNTY. 



Nantucket 
Totals 



$13,297,877 
$13,297,877 



$1 96 
$1 96 



308 



Acts, 1943. — Chap. 294. 

norfolk county. 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Avon ...... 


$2,052,311 


$0 31 


Bellingham 










2,905,503 


44 


Braintree . 










29,121,683 


4 42 


Brookline 










154,794,783 


23 41 


Canton 










9,513,406 


1 44 


Cohasset . 




« 






10,639,718 


1 57 


Dedham . 










27,470,224 


4 14 


Dover 










6,072,676 


89 


Foxborough 










6,423,648 


97 


Franklin . 










9,632,033 


1 46 


Holbrook . 










3,726,548 


56 


Medfield . 










3,102,568 


47 


Med way . 










3,473,503 


53 


MUlis 










3,305,376 


50 


Milton 










42,797,675 


6 38 


Needham . 










27,657,831 


4 17 


Norfolk . 










1,642,442 


25 


Norwood . 










28,751,416 


4 35 


Plainville . 










1,880,317 


28 


Quincy 










135,062,673 


20 30 


Randolph 










7,561,018 


1 14 


Sharon 










6,330,738 


96 


Stoughton 










9,627,181 


1 46 


Walpole . 










18,486,445 


2 78 


Wellesley . 










46,789,158 


6 90 


Westwood 










7,965,223 


1 20 


Weymouth 










54,413,987 


8 14 


Wrentham 




1 






4,235,315 


64 


Totals 










$665,435,398 


$100 06 



PLYMOUTH COUNTY. 



Abington ...... 


$5,752,344 


$0 87 


Bridgewater 








6,890,366 


1 04 


Brockton . 








75,206,798 


11 37 


Carver 








2,986,113 


45 


Duxbury . 








8,105,098 


1 20 


East Bridgewater 








5,124,595 


78 


Halifax 








1,531,645 


23 


Hanover . 








4,795,233 


73 


Hanson 








2,928,211 


44 


Hingham . 








17,766,188 


2 67 


Hull 








17,175,545 


2 51 


Kingston . 








4,884,281 


74 


Lakeville . 








1,732,812 


26 


Marion 








5,608,836 


83 


Marshfield 








8,607,908 


1 27 


Mattapoisett 








3,979,335 


60 


Middleborough . 








9,889,930 


1 50 


Norwell . 








2,550,942 


39 


Pembroke 








2,886,302 


44 


PIjTnouth 








24,697,763 


3 73 


Plympton 








823,912 


12 


Rochester 


1,556,403 


24 



Acts, 1943. — Chap. 294. 

PLYMOUTH COUNTY — Concluded. 



309 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Rockland ...... 

Scituate ...... 

Wareham ..... 

West Bridgewater .... 

Whitman ...... 


$9,241,262 

13,720,531 

15,042,776 

3,771,899 

8,766,894 


$1 44 

2 04 

2 26 

57 

1 33 


Totals 


$266,023,922 $40 05 





SUFFOLK 


COUNTY. 




Boston 
Chelsea 
Revere 
Winthrop 






$1,389,431,556 
46,553,557 
40,658,081 
25,513,108 


$210 13 
7 04 
6 15 
3 86 


Totals 


$1,502,156,302 


$227 18 



WORCESTER COUNTY. 



Ashburnham ..... 


$1,933,976 


$0 29 


Athol 










13,820,783 


2 16 


Auburn 










7,243,701 


1 14 


Barre 










3,128,275 


47 


Berlin 










1,246,603 


19 


Blackstone 










2,578,010 


39 


Bolton 










1,203,482 


18 


Boylston . 








1,022,169 


15 


Brookfield 








1,511,367 


23 


Charlton . 








2,240,729 


34 


Clinton 








12,183,206 


1 84 


Douglas 










2,547,524 


39 


Dudley 










4,064,697 


61 


East Brookfield 










1,112,302 


17 


Fitchburg 










54,276,243 


8 21 


Gardner . 










23,901,657 


3 61 


Grafton 










4,937,387 


75 


Hardwick 










1,740,708 


26 


Harvard . 










2,553,527 


39 


Holden 










4,059,592 


61 


Hopedale . 










7,332,861 


1 10 


Hubbardston 










866,953 


13 


Lancaster 










2,569,650 


39 


Leicester . 










3,660,635 


55 


Leominster 










27,247,450 


4 12 


Lunenburg 










2,593,917 


39 


Mendon 










1,563,996 


24 


MUford . 










16,695,755 


2 53 


Mill bury . 










6,789,691 


1 03 


MiUville . 










1,029,188 


16 


New Braintree 










646,956 


10 


North Brookfiel( 


i 








2,872,368 


43 


Northborough 










2,379,782 


36 


Northbridge ..... 


10,757,890 


1 70 



310 



Acts, 1943. — Chap. 294. 

WORCESTER COUNTY — Concluded. 



Cities and Towns. 


Property. 


Tax of 
$1,000. 


Oakham ...... 


$459,128 


SO 07 


Oxford 










3,486,746 


53 


Paxton 










1,122,169 


17 


Petersham 










1,465,350 


22 


Phillipston 










376,104 


06 


Princeton 










1,327,715 


20 


Royalston 










819,032 


12 


Rutland 










1,531,297 


23 


Shrewsbury 










10,437,045 


1 61 


Southbo rough 










3,613,558 


55 


Southbridge 










16,554,677 


2 50 


Spencer 










4,995,075 


76 


Steriing 










2,261,461 


34 


Sturbridge 










2,132,639 


32 


Sutton 










2,270,225 


34 


Templeton 










3,466;381 


52 


Upton 










1,642,252 


25 


Uxbridge . 










8,518,056 


1 29 


Warren 










2,777,322 


42 


Webster . 










12,259,436 


1 85 


West Boylston 










2,858,151 


43 


West Brookfield 










1,562,606 


24 


Westborough 










4,917,241 


74 


Westminster 










2,041,729 


31 


Winchendon 










5,789,451 


88 


Worcester 










306,565,806 


46 51 


Totals 










$639,563,682 


$97 07 



RECAPITULATION. 



Counties. 


Property. 


Tax of 
$1,000. 


Barnstable ..... 


$110,253,357 


$16 42 


Berkshire . 










161,053,281 


24 76 


Bristol 










408,139,525 


61 96 


Dukes 










19,302,526 


2 87 


Essex 










685,016,859 


103 81 


Franklin . 










78,131,917 


11 78 


Hampden 










527,718,480 


79 95 


Hampshire 










85,512,477 


13 00 


Middlesex . 










1,450,675,159 


219 13 


Nantucket 










13,297,877 


1 96 


Norfolk . 










665,435,398 


100 06 


Plymouth 










266,023,922 


40 05 


Suffolk . 










1,502,156,302 


227 18 


Worcester 










639,563,682 


97 07 


Totals 










$6,612,280,762 


$1,000 00 



Approved May 18, 1943. 



Acts, 1943. — Chap. 295. 311 



An Act regulating the assumption of names by cer- Chap.295 

TAIN corporations. 

Be it enacted, etc., as follows: 

Chapter one hundred and fifty-five of the General Laws is o. l. (Ter. 
hereby amended by striking out section nine, as amended by fg.^etc^'^' 
section one bf chapter three hundred and twenty-seven of amended. 
the acts of nineteen hundred and thirty-eight, and insert- 
ing in place thereof the following section : — Section 9. A nam^^'^'^Use 
corporation organized under general laws may assume any of certain 
name which, in the judgment of the commissioner, indicates prohibited, 
that it is a corporation; but it shall not assume the name 
or trade name of another corporation established under the 
laws of the commonwealth, or of a corporation, firm, associa- 
tion or person carrying on business in the commonwealth, 
at the time of incorporation of the corporation so organized 
or within three years prior thereto, or assume a name so 
similar thereto as to be likely to be mistaken for it, except 
with the written consent of said existing corporation, firm 
or association or of such person previously filed with the com- 
missioner; provided, that no business corporation, bank or 
insurance company shall have as a part of its corporate name 
the word "Commonwealth", "State" or "United States". 
The supreme judicial or superior court shall have jurisdic- 
tion in equity, upon the application of any person interested 
or affected, to enjoin such corporation from doing business 
under a name assumed in violation of any provision of this 
section, although its certificate or articles of organization 
may have been approved and a certificate of incorporation 
may have been issued to it. 

If within thirty days of the date when the certificate or 
articles of organization of any corporation are filed in the 
office of the state secretary any other corporation or any 
firm, association or person carrying on business in the com- 
monwealth at the time when such certificate or articles are 
so filed, or within three years prior thereto, shall protest in 
writing to the commissioner that the name assumed by the 
corporation the certificate or articles of organization of 
which have been so filed is the same as the name or trade 
name of the protesting corporation, firm, association or 
person or so similar thereto as to be Hkely to be mistaken 
for it, the commissioner shall, as soon as reasonably may be, 
hear the party protesting and the corporation which assumed 
the name, giving written notice of the hearing to each. If 
after hearing the commissioner shall be of the opinion that 
the assuming of the name violates any provision of this 
section he shall, as soon as reasonably may be, file, with 
the state secretary a statement withdrawing his approval of 
said certificate or articles in so far as it or they relate to the 
name assumed by the corporation, such withdrawal to take 
effect sixty days from the date of filing. After the expiration 



312 



Acts, 1943. — Chap. 296. 



of said period of sixty days the corporation shall have no 
right to use the name assumed and may be enjoined from 
doing business under such name by the supreme judicial or 
superior court upon application of the attorney general or 
any person interested or affected. 

Approved May 18, 1943. 



Chap.29Q An Act relative to jurisdiction and venue of motor 

VEHICLE TORT CASES, SO CALLED. 



G. L. (Ter. 
Ed.), 218, 
§ 19, etc., 
amended. 



Civil juris- 
diction of 
district 
courts. 



G. L. (Ter. 
Ed.), 223, 
§ 2, etc.. 
amended. 



Venue of 
actions aris- 
ing from 
operation 
of motor 
vehicles. 



G. L. (Ter. 
Ed.), 231, 
§ 102A, etc., 
repealed. 



G. L. (Ter. 
Ed.), 231, 
§ 107, 
amended. 



Bond or 
deposit not 
required, 
when. 



Be it enacted, etc., as folloios: 

Section 1. Section nineteen of chapter two hundred 
and eighteen of the General Laws, as amended by section 
one of chapter three hundred and eighty-seven of the acts 
of nineteen hundred and thirty-four, is hereby further 
amended by striking out, in the first and second lines, the 
words "Except as herein otherwise provided, district" and 
inserting in place thereof the word : — District, — and by 
striking out the last sentence, — so as to read as follows : — 
Section 19. District courts shall have original jurisdiction 
concurrent with the superior court of actions of contract, 
tort and replevin, and also of actions in summary process 
under chapter two hundred and thirty-nine and proceedings 
under section forty-one of chapter two hundred and thirty- 
one. 

Section 2. Section two of chapter two hundred and 
twenty-three of the General Laws, as amended, is hereby 
further amended by striking out the last sentence of the 
first paragraph and inserting in place thereof the following 
sentence : — An action of tort arising out of the ownership, 
operation, maintenance, control or use of a motor vehicle 
or trailer as defined in section one of chapter ninety may 
be brought in a district court within the judicial district of 
which one of the parties lives or in any district court the 
judicial district of which adjoins and is in the same county 
as the judicial district in which the defendant lives or has 
his usual place of business; provided, that if one of the 
parties to any such action lives in Suffolk county such action 
may be brought in the municipal court of the city of Boston. 

Section 3. Section one hundred and two A of chapter 
two hundred and thirty-one of the General Laws, inserted by 
section three of said chapter three hundred and eighty- 
seven, and as amended, is hereby repealed. 

Section 4. Said chapter two hundred and thirty-one 
is hereby further amended by striking out section one hun- 
dred and seven, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following section : — 
Section 107. No bond or deposit under section one hundred 
and four or one hundred and six shall be required of a county, 
city, town or other municipal corporation or of a party who 
has given bond according to law to dissolve an attachment 
or of a defendant in an action of tort arising out of the 



Acts, 1943. — Chap. 296. 313 

ownership, operation, maintenance, control or use, of a 
motor vehicle or trailer as defined in section one of chapter 
ninety if the payment of any judgment for costs which may 
be entered against him is secured, in whole or in part, by a 
motor vehicle liability bond or policy, or a deposit as pro- 
vided in section thirty-four D of chapter ninety; and the 
court may in any case, for cause shown, after notice to 
adverse parties, order that no bond be given. Said district 
court may, upon cause shown and after notice to all adverse 
parties, permit such removal to the superior court, upon 
the terms above specified, at any time prior to final judgment. 

Section 5. Section one hundred and forty-one of said g. l. (Ter. 
chapter two hundred and thirty-one, as most recently § lii, etc., 
amended by section four of said chapter three hundred and amended. 
eighty-seven, is hereby further amended by striking out, 
in the eighteenth^line, the words " , one hundred and two A", 
— so as to read as follows: — Section 11^1. Sections one, sections ap- 
two, three, four, five, six. seven, ten, eleven, twelve, thirteen, dv'if alftilns 
thirteen A, fourteen, fijfteen, sixteen, seventeen, eighteen, ^rfa'^p^'^rtg 
nineteen, twenty, twenty-one, twenty-two, twenty-three, 
twenty-five, twenty-six, twenty-seven, twenty-eight,[twenty- 
nine, thirty, thirty-one, thirty-two, thirty-three, thirty- 
four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty- 
nine, forty, forty-one, forty-two, forty-three, forty-four, 
forty-five, forty-seven, forty-eight, forty-nine, fifty, fifty- 
one, fifty-two, fifty-three, fifty-four, fifty-six, fifty-seven, 
fifty-eight, fifty-eight A, fifty-nine B, sixty-one, sixty-two, 
sixty-three, sixty-four, sixty-five, sixty-six, sixty-seven, 
sixty-eight, sixty-nine, seventy, seventy-two, seventy-three, 
seventy-four, seventy-five, seventy-nine, eighty-five, eighty- 
five A, eighty-seven, eighty-eight, eighty-nine, ninety, 
ninety-one, ninety-two, ninety-three, ninety-four, ninety- 
five, ninety-seven, ninety-eight, ninety-nine, one hundred 
and one, one hundred and two, one hundred and three, one 
hundred and four, one hundred and five, one hundred and 
six, one hundred and seven, one hundred and eight, one 
hundred and nine, one hundred and ten, one hundred and 
twenty-four, one hundred and twenty-five, one hundred 
and twenty-six, one hundred and thirty-two, one hundred 
and thirty-three, one hundred and thirty-four, one hundred 
and thirty-five, one hundred and thirty-six, one hundred and 
thirty-seven, one hundred and thirty-eight, one hundred 
and thirty-nine, one hundred and forty, one hundred and 
forty A and one hundred and forty-seven shall apply to 
civil actions before district courts, and no other sections of 
this chapter shall so apply, except to the municipal court 
of the city of Boston under section one hundred and 
forty-three. 

Section 6. This act shall take effect on September Effective 
first in the current year and shall apply only to actions '^^^^' 
commenced thereafter. Approved May 18, 194S. 



314 Acts, 1943. — Chaps. 297, 298. 



Chap. 297 An Act authorizing an increase in the salary of the 

MAYOR OF THE CITY OF LEOMINSTER. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter three hundred and 
thirty-eight of the Special Acts of nineteen hundred and fif- 
teen is hereby amended by striking out, in the third line, 
the words "exceeding one" and inserting in place thereof 
the words: — more than four, — so as to read as follows: — 
Section 12. The mayor shall receive for his services such 
salary as the city council shall by ordinance determine, not 
more than four thousand dollars a year, and he shall receive 
no other compensation from the city. His salary shall not 
be increased or diminished during the term for which he is 
elected. The council may by a two thirds vote of all its 
members, taken by call of the yeas and nays, establish a 
salary for its members, not exceeding five hundred dollars 
each a year. Such salary may be reduced, but no increase 
therein shall be made to take effect during the year in which 
the increase is voted. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Leominster at its regu- 
lar city election in the current year in the form of the fol- 
lowing question which shall be placed upon the official ballot 
to be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and forty-three, 
entitled 'An Act authorizing an increase in the salary of the 
mayor of the city of Leominster', be accepted?" If a ma- 
jority of the votes in answer to said question is in the affirma- 
tive, then this act shall thereupon take full effect, but not 
otherwise. Approved May 19, 194S. 

C hap. 29S An Act regulating the attachment of personal prop- 
erty SOLD ON conditional SALE AND MAKING A CERTAIN 
METHOD OF ATTACHMENT APPLICABLE IN THE CASE OF PER- 
SONAL PROPERTY SUBJECT TO PLEDGE OR LIEN. 

Be it enacted, etc., as follows: 

G L. (Ter SECTION L Chapter two hundred and twenty-thrce of the 

amemied.' ' General Laws is hereby amended by striking out section 

seventy-four, as appearing in the Tercentenary Edition, and 

Attachment iuscrting iu placc thereof the following section : — Section 74- 

pro"perty''^'"'' Pcrsonal property of a debtor which is subject to a mortgage, 

pledge or lien, and of which he has the right of redemption, 

or personal property sold under a contract of conditional sale 

reserving title in the vendor, may be attached and held as 

if it were unencumbered, if the attaching creditor pays or 

tenders to the mortgagee, pledgee, lienor, conditional vendor, 

or his assigns, the amount for which the property is so liable 

within ten days after demand as hereinafter provided. 

G. L. (Ter. Section 2. Said chapter two hundred and twenty-three 

amended^.' ^ ^^' IS hereby further amended by striking out section seventy- 



Acts, 1943. — Chap. 298. 315 

five, as so appearing, and inserting in place thereof the 
following section : — Section 75. Within a reasonable time Mortgagee 
after such property has been attached, or, in the case of accmmt. 
property subject to a recorded mortgage, within a reasonable 
time after written notice of the attachment, the mortgagee, 
pledgee, lienor or conditional vendor, or his assigns, may de- 
mand payment of the money for which the property is liable, 
giving a just and true account of the debt or demand for 
which the property is liable to him, showing clearly the bal- 
ance thereof, whether then payable or payable thereafter, 
and accompanying it by a reference to the record of record- 
ing of a mortgage. Such demand shall be served, either in 
hand or by registered mail with a request for a return receipt, 
upon the attaching creditor, or his attorney, or the attaching 
officer. If the balance as stated in the account, whether 
then payable or not, is not paid, or tendered to the mort- 
gagee, pledgee, lienor or conditional vendor, or his assigns, 
within ten days after such service, the attachment shall be 
dissolved and the attaching creditor shall be liable to him for 
any damage he has sustained by the attachment, and the 
property shall be restored to the person entitled thereto. 

Section 3. Said chapter two hundred and twenty-three g. l. (Ter. 
is hereby further amended by striking out section seventy- Mienlfcf.' ^ '^^' 
six, as so appearing, and inserting in place thereof the fol- 
lowing section: — Section 76. If the mortgagee, pledgee, Penalty for 
lienor or conditional vendor, or his assigns, demands and demand!' 
receives more than the amount due to him, he shall be liable 
to the attaching creditor for money had and received for 
the excess, with interest thereon at the rate of twelve per 
cent a year. 

Section 4. Said chapter two hundred and twenty-three g. l. (Ter. 
is hereby further amended by striking out section seventy- amenlfd.' ^ '^^' 
eight, as so appearing, and inserting in place thereof the fol- 
lowing section: — Section 78. If the attaching creditor, after Defendant to 
having redeemed the property, does not recover judgment, pfa^n^tlff'for"^ 
he may nevertheless hold the property until the debtor re- redemption 
pays to him the amount or amounts which he paid for the ° ^°^ ^^^^' 
redemption, or as much thereof as the debtor would have 
been obliged to pay to the mortgagee, pledgee, lienor or con- 
ditional vendor, or his assigns, or any of them, if the prop- 
erty had not been attached, with interest from the time 
when it was demanded of the debtor. 

Section 5. Said chapter two hundred and twenty-three SjV JJo*''"i7,, 
is hereby further amended by striking out section seventy- amended.' 
nine, as so appearing, and inserting in place thereof the fol- 
lowing section : — Section 79. Personal property upon which Attachment 
a mortgage or lien is claimed, or which is claimed to have perTonaity!n 
been sold under a contract of conditional sale reserving title poss°s'sfon 
in the vendor, may be attached as if unencumbered; and 
the mortgagee, pledgee, lienor or conditional vendor, or his 
assigns, may be summoned in the same action in which the 
property is attached as the trustee of the mortgagor, pledgor, 
lienee or conditional vendee, or his assigns, to answer such 



316 



Acts, 1943. — Chap. 298. 



G. L. (Ter. 
Ed.), 223, §80, 
amended. 



Determination 
of amount due. 



G. L. (Ter. 
Ed.), 223. §81, 
amended. 



Determination 
of validity of 
mortgage. 



G. L. (Ter. 
Ed.), 223 § 82, 
amended. 



Creditor to 
retain amount 
paid by 
him, etc. 



G. L. (Ter. 
Ed.), 223, 
new § 83A, 
added. 

Certain sec- 
tions not to 
apply, when. 



Effective 
date. 



questions as may be put to him by the court or by its order 
relative to the consideration of the alleged mortgage, pledge, 
lien or contract of conditional sale, and the amount due 
thereon. 

Section 6. Said chapter two hundred and twenty-three 
is hereby further amended by striking out section eighty, 
as so appearing, and inserting in place thereof the following 
section: — Section 80. If, upon such examination, or, upon 
the verdict of a jury as provided in section eighty-one, it 
appears that the mortgage, pledge, lien or contract of con- 
ditional sale is valid, the court, having first ascertained the 
amount justly due upon it, may direct the attaching creditor 
to pay the same to the mortgagee, pledgee, lienor or condi- 
tional vendor, or his assigns, within such time as it orders; 
and if he does not pay or tender the amount within the time 
prescribed the attachment shall be void and the property 
shall be restored. 

Section 7. Said chapter two hundred and twenty-three 
is hereby further amended by striking out section eighty- 
one, as so appearing, and inserting in place thereof the 
following section: — Section 81. If the attaching creditor 
denies the validity of the mortgage, pledge, lien or contract 
of conditional sale, and moves that its validity be tried by 
jury, the court shall order such trial upon an issue which 
shall be framed under its direction. If, upon such examina- 
tion or verdict, the mortgage, pledge, lien or contract of 
conditional sale is adjudged valid, the mortgagee, pledgee, 
lienor or conditional vendor, or his assigns, shall recover his 
costs. 

Section 8. Said chapter two hundred and twenty-three 
is hereby further amended by striking out section eighty- 
two, as so appearing, and inserting in place thereof the fol- 
lowing section: — Section 82. When the creditor has paid 
to the mortgagee, pledgee, lienor or conditional vendor, 
or his assigns, the amount ordered by the court, he may 
retain out of the proceeds of the property attached, when 
sold, the amount so paid with interest, and the balance 
shall be appHed to the payment of his debt. 

Section 9. Said chapter two hundred and twenty- 
three is hereby further amended by inserting after section 
eight3^-three, as so appearing, the following section: — ■ 
Section 83 A. Sections seventy-four to eighty-three, inclu- 
sive, shall not apply to conditional sales notices of which 
are recordable under section thirteen of chapter one hun- 
dred and eighty-four. 

Section 10. This act shall take effect on October first 
in the current year. Ajy-proved May 19, 1943. 



Acts, 1943. — Chaps. 299, 300. 317 

An Act inceeasing the maximum amount of weekly Chart. 299 

COMPENSATION TO BE PAID FOR PARTIAL INCAPACITY 
UNDER THE WORKMEN'S COMPENSATION LAW. 

Be it enacted, etc., as follows: 

Section thirty-five of chapter one hundred and fifty-two g. l. (Ter. 
of the General Laws, as appearing in the Tercentenary amende^d.' ^ "*"'' 
Edition, is hereby amended by striking out, in the fifth 
line, the word "eighteen" and inserting in place thereof the 
word : — twenty, — so as to read as follows : — Section Partial 
85. While the incapacity for work resulting from the injury AmTunTof 
is partial, the insurer shall pay the injured employee a payments. 
weekly compensation equal to two thirds of the difference 
between his average weekly wages before the injury and the 
average weekly wages which he is able to earn thereafter, 
but not more than twenty dollars a week; and the amount 
of such compensation shall not be more than forty-five hun- 
dred dollars. Approved May 19, 1943. 

An Act relative to certain lines, poles and other Chav. 300 

EQUIPMENT OF THE FITCHBURG GAS AND ELECTRIC LIGHT 
COMPANY, THE NEW ENGLAND TELEPHONE AND TELEGRAPH 
COMPANY AND THE AMERICAN TELEPHONE AND TELEGRAPH 
COMPANY IN THE CITY OF FITCHBURG. 

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 Fitchburg Gas and Electric Light Company in the 
city of Fitchburg, and all lines for the transmission of 
intelligence by electricity^ heretofore acquired or constructed 
by the New England Telephone and Telegraph Company 
and the American Telephone and Telegraph Company in 
said city, upon, along, under or over the public ways and 
places of said city, and the poles, piers, abutments, conduits 
and other fixtures necessary to sustain or protect the wires 
of said lines and actually in place 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 said companies in 
said city unless said companies shall, not later than Decem- 
ber thirty-first, nineteen hundred and forty-four, file with 
the clerk of said city a map or maps showing the location 
and nature of said lines, structures, and fixtures in said 
city, such map or maps so filed to be recorded and kept 
with the records of original locations for poles and wires 
in said city. 

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 May 19, 1943. 



318 Acts, 1943. — Chaps. 301, 302. 



Chap. SOI An Act relative to pasters or stickers for use at 

PRIMARIES. 

Be it enacted, etc., as follows: 

fa\' sJ^new Chapter fifty-three of the General Laws is hereby amended 

§'35A, added, by inserting after section thirty-five, as amended, the follow- 

size of ing section : — Section 35 A . Pasters, commonly called stick- 

pasters. ^^^^ ^^ ^^ ^^^^ ^^ primaries shall not be more than onQ 

half inch in width and four and one half inches in length 

and shall be subject to the same restrictions with respect to 

names and residences of candidates and the size of the type 

in which the names shall be printed as are imposed by 

sections forty-one and forty-four of chapter fifty-four with 

respect thereto in the case of election ballots. 

Approved May 19, 1943. 



Chap. S02 An Act providing for the payment of workmen's com- 
pensation IN certain cases of heat exhaustion. 

Be it enacted, etc., as follows: 

Ed^iJl"^" Chapter one hundred and fifty-two of the General Laws 

§26,' etc.,' is hereby amended by striking out section twenty-six, as 
amended. amended by section one of chapter three hundred and seventy 
of the acts of nineteen hundred and thirty-seven, and in- 
payments, serting in place thereof the following section: — Section 26. 
Presumption If an cmploycc who has not given notice of his claim of 
of employment, (jqjj^jj^qq 1^^ rights of action, uudcr section twenty-four, or 
foriauty."' who has givcn such notice and has waived the same, receives 
a personal injury arising out of and in the course of his em- 
ployment, or arising out of an ordinary risk of the street while 
actually engaged, with his employer's authorization, in the 
business affairs or undertakings of his employer, and whether 
within or without the commonwealth, he shall be paid 
compensation by the insurer, as hereinafter provided, if his 
employer is an insured person at the time of the injury; pro- 
vided, that as to an injury occurring without the common- 
wealth he has not given notice of his claim of rights of action 
under the laws of the jurisdiction wherein such injury occurs 
or has given such notice and has waived it. For the purposes 
of this section, any person while operating or using a motor 
or other vehicle, whether or not belonging to his employer, 
with his employer's general authorization or approval, in 
the performance of work in connection with the business 
affairs or undertakings of his employer, and whether within 
or w^ithout the commonwealth, and any person who, while 
engaged in the usual course of his trade, business, profession 
or occupation, is ordered by an insured person, or by a per- 
son exercising superintendence on behalf of such insured 
person, to perform work which is not in the usual course of 
such trade, business, profession or occupation, and, while so 
performing such work, receives a personal injury, shall be 



Acts, 1943. — Chaps. 303, 304. 319 

conclusively presumed to be an employee, and if an employee 
while acting in the course of his employment receives injury 
resulting from frost bite, heat exhaustion or sun stroke, 
without having voluntarily assumed increased peril not 
contemplated by his contract of employment, or is injured 
by reason of the physical activities of fellow employees in 
which he does not participate, whether or not such activities 
are associated with the employment, such injury shall be 
conclusively presumed to have arisen out of the employ- 
ment. Approved May 19, 1943. 



An Act relative to the time during which certain Chap. SOS 

BASEBALL GAMES MAY BE CONDUCTED ON THE LORD's DAY 
DURING THE PRESENT WAR. 

Whereas, The deferred operation of this act would, in Emergency 
part, tend to defeat its purpose, which is to make immedi- p'"'^^'"'^^^- 
ately possible, during the existing state of war, the conduct 
of certain games of baseball on the Lord's day after the 
terminal hour now fixed by law, 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 follows: 

During the continuance of the existing state of war be- 
tween the United States and any foreign country, baseball 
games conducted on the Lord's day under authority of law 
may, when conducted as doubleheaders, so called, be con- 
tinued beyond the hour of six thirty post meridian for the 
purpose of completing the second game of such doubleheader, 
so called; provided, that said second game is commenced 
before the hour of four thirty post meridian. 

Approved May 19, 1943. 



An Act subjecting the offices of commissioner of sol- Chav. S04: 

DIERS' relief and STATE AND MILITARY AID AND SUPER- 
VISOR OF soldiers' AND SAILORS' GRAVES IN THE CITY OF 

chicopee to the civil service laws. 
Be it enacted, etc., as follows: 

Section L The offices of commissioner of soldiers' relief 
and state and military aid and supervisor of soldiers' and 
sailors' graves in the city of Chicopee shall, upon the effective 
date of this act, become subject to the civil service laws and 
rules and regulations, and the terms of the office of any in- 
cumbents thereof shall be unlimited, except that they may 
be removed in accordance with such laws and rules and regu- 
lations ; but the persons holding said offices on said effective 
date may respectively continue therein by passing a quali- 
fying civil service examination to which they shall be sub- 
jected by the division of civil service. 

Section 2. This act shall be submitted for acceptance 



320 



Acts, 1943. — Chap. 305. 



to the qualified voters of tlie city of Chicopee at the bien- 
nial 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 said election : — 
"Shall an act passed by the general court in the current 
year, entitled 'An Act subjecting the offices of commissioner 
of soldiers' relief and state and military aid and supervisor 
of soldiers' and sailors' graves in the city of Chicopee to the 
civil service laws', be accepted?" If a majority of the votes 
cast on said question is in the affirmative, this act shall there- 
upon take full effect, but not otherwise. 

Approved May 20, 1943. 



G. L. (Ter. 
Ei.). 94, 
§ 197, etc., 
amended. 



" Narcotic 
drug" defined. 



Chap. S05 An Act making clear that marihuana or marijuana 

IS SUBJECT TO CERTAIN LAWS RELATING TO NARCOTIC 
DRUGS. 

Be it enacted, etc., as follows: 

Section 1. The paragraph of section one hundred and 
ninety-seven of chapter ninety-four of the General Laws de- 
fining "Narcotic drug", as amended by section one of chap- 
ter four hundred and twelve of the acts of nineteen hundred 
and thirty-five, is hereby further amended by inserting after 
the word "cannabis" in the seventh and eighth lines the 
following: — (sometimes called marihuana or marijuana), — 
so as to read as follows: — "Narcotic drug", coca leaves, 
cocaine, alpha or beta eucaine, or any synthetic substi- 
tute for them or any salts, compound or derivative thereof 
except decocainized coca leaves and preparations thereof, 
opium, morphine, heroin, codeine, or any preparation thereof 
or any salt, compound or derivative of the same; and, sub- 
ject to section two hundred and six, cannabis (sometimes 
called marihuana or marijuana), including (a) the dried 
flowering or fruiting tops of the pistillate plant cannabis 
sativa L., from which the resin has not been extracted, 
(b) the resin extracted from such tops, and (c) every com- 
pound, manufacture, salt, derivative, mixture, or prepara- 
tion of such resin, or of such tops from which the resin has 
not been extracted. 

Section 2. Said section one hundred and ninety-seven 
is hereby further amended by striking out the fourth para- 
graph, as appearing in the Tercentenary Edition, and insert- 
ing in place thereof the following paragraph : — 

"Opium", "morphine", "heroin", "codeine", "cocaine", 
and "cannabis" (sometimes called marihuana or mariju- 
ana), as used in statutes or in complaints or indictments 
include any synthetic substitute for such drugs or any salts, 
compounds, derivatives or preparations thereof, except de- 
cocainized coca leaves and preparations thereof. 

Approved May 20, 1943. 



G. L. (Ter. 
Ed.), 94, § 197, 
amended. 



Certain terms 
to include 
synthetics, etc. 



Acts, 1943. — Chaps. 306, 307. 321 



An Act authorizing the commissioner of labor and fjjidjj 3Qg 

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

Whereas, Provisions of law similar to those set forth in Emergency 
this act have recently ceased to be effective, but the circum- p''*'^'"''^^- 
stances and conditions which made advisable their enact- 
ment still continue, and it is accordingly desirable that said 
provisions be made effective at once so that the period 
of interruption in the effectiveness thereof will be as short as 
possible, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and forty-seven of 
the acts of nineteen hundred and thirty-three, as most re- 
cently amended by chapter one hundred and fifty-four of 
the acts of nineteen hundred and forty-one, is hereby further 
amended by striking out, in the fifth line, the word "forty- 
three" and inserting in place thereof the word: — forty-five, 
— 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-five, subject to such restrictions and condi- 
tions as the said commissioner may prescribe, so much of 
section fifty-nine of chapter one hundred and forty-nine of 
the General Laws, as amended, as prohibits the employ- i 

ment 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 May 24, 1943. 

An Act relative to certain limitations on the in- C hap. S07 

VESTMENTS OF TRUST COMPANIES IN THEIR COMMERCIAL 
DEPARTMENTS. 

Be it enacted, etc., as follows: 

The limitations upon the liability of one borrower to a 
corporation subject to chapter one hundred and seventy- 
two of the General Laws prescribed by section forty or sec- 
tion forty A of said chapter shall not apply to any loan or 
loans made prior to July first, nineteen hundred and forty- 
five, to the extent that they are secured or covered by guar- 
anties, or by commitments or agreements to take over or to 
purchase the same, made by the United States, the war de- 
partment, the navy department, or the maritime commission 
thereof, or by any federal reserve bank or the Reconstruc- 



322 



Acts, 1943. — Chaps. 308, 309. 



tion Finance Corporation; provided, that such guaranties, 
agreements or commitments are subject to no condition be- 
yond the control of the corporation making the loan, and 
must be performed by payment of cash or its equivalent 
within sixty days after demand; and provided, further, that 
for the performance of such guaranties, commitments or 
agreements the faith of the United States or of such federal 
reserve bank or of said Reconstruction Finance Corporation 
is pledged. Approved May 24, 1943. 



Chap. SOS An Act further regulating the performance of elec- 
trical WORK. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and forty-one of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in the fourth and fifth lines, 
the words: — , either as master electrician or as journeyman 
electrician, — so that the first paragraph will read as fol- 
lows: — No person, firm or corporation shall enter into, en- 
gage in, or work at the business of installing wires, conduits, 
apparatus, fixtures or other appliances for carrying or using 
electricity for light, heat or power purposes, unless such per- 
son, firm or corporation shall have received a license and a 
certificate therefor, issued by the state examiners of elec- 
tricians and in accordance with the provisions hereinafter 
set forth. Approved May 24, 194S. 



G. L. (Ter. 
Ed.). 141, § 1, 
amended. 



Licensing of 
electricians. 



G. L. (Ter. 
Ed.), 176, §11, 
amended. 



C/zap.309 An Act relative to the powers and duties of certain 

fraternal benefit societies. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter one hundred and 
seventy-six of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by inserting after 
the word "change" in the second line the words: — the 
location of its place of business to another location in 
the commonwealth, or change, — and by inserting after the 
word "change" in the eighth line the words: — in the loca- 
tion of its place of business or, — so as to read as follows : 
— Section 11. A domestic fraternal benefit corporation may, 
with the approval of the commissioner, change the location 
of its place of business to another location in the common- 
wealth, or change the purposes for which it was incorpo- 
rated so as to permit it to transact any business authorized 
by this chapter. Upon such approval the presiding, financial 
and recording officers, and a majority of its other officers 
having the powers of directors, shall file in the office of the 
state secretary a certificate, with the approval of the com- 
missioner endorsed thereon, setting forth the change in the 
location of its place of business or in the purposes of the 
corporation. The state secretary shall, upon receipt of five 



Corporation 
may change 
location, 
purposes, etc. 



Acts, 1943. — Chap. 310. 323 

dollars, cause such certificate to be filed in his office. Every 
domestic fraternal beneficiary corporation may exercise all 
the rights, powers and privileges conferred by this chapter, 
including the powers specified in section thirty-two, or its 
certificate of incorporation or charter, not inconsistent here- 
with, and shall be subject to this chapter, as if reincorporated 
hereunder. 

Section 2. Said chapter one hundred and seventy-six is g. l. (Ter. 
hereby further amended by striking out section thirty-two, amendld.' ^ '^^' 
as so appearing, and inserting in place thereof the following 
section: — Section 32. Every society may, subject to this Constitution 
chapter, make a constitution and by-laws for its govern- ''"'^ by-iaws. 
ment, admission of members, management of its affairs, and 
the fixing and readjusting of the rates and contributions of 
its members from time to time, and may amend its consti- 
tution and by-laws, and it shall have such other powers as i 
are necessary or incidental to carry into effect its objects 
and purposes. The constitution and by-laws may prescribe 
the officers and elected members of standing committees, 
who may be ex officiis directors or other officers correspond- 
ing thereto, and may, with the approval of the commis- 
sioner, provide for a system of absent voting, other than 
proxy voting, under which absent members entitled to vote 
may vote in the election of the officers and directors or simi- 
lar governing body; provided, that the commissioner shall 
not approve any provision for such a system of absent vot- 
ing unless the society submitting such provision for approval 
satisfies the commissioner that absent voting is necessary in 
order to have an adequate representation of the member- 
ship of the society at its elections. 

Section 3. Section forty-five of said chapter one hun- g. l. (Ter. 
dred and seventy-six, as amended, is hereby further amended f 45'e/c^,' 
by inserting after the first paragraph the following para- amended. 
graph : — 

Any corporation subject to this section may furnish phy- Corporation 

• ■ I f •, 1 ij_i •/*•!* niay lurnisn 

sicians and nurses tor its members and their lamiiies, or pay physician 
for the services of physicians or nurses engaged by its mem- 
bers for the care of themselves or their families; provided, 
that the expense incurred hereunder by any such corpora- 
tion in any year shall not exceed five thousand dollars in 
the aggregate, and shall not exceed one hundred dollars in 
the case of any member thereof and his family. 

Approved May 24, 1943. 



and nurses. 



Chap.SlO 



An Act relative to the use of voting machines at 
primaries and elections. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirty of chapter fifty-four of the g. l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, ^^^e^^lej.^ ^^' 
is hereby amended by inserting after the word "envelopes" 
in the fourth line the words : — or other containers, — so 



324 



Acts, 1943. — Chap. 310. 



Precinct 
seals, use, 
custody, etc. 



G. L. (Ter. 
Ed.), 54, new 
§ 30 A, added. 

Custodian 
of voting 
machines, 
duties of. 



G. L. (Ter. 
Ed.), 54, § 31, 
amended. 



Installation 
of voting 
machines. 



as to read as follows : — Section 30. The clerk of every 
city and of every town divided into voting precincts shall 
furnish to the clerk of each voting precinct a seal of suitable 
device, with a designation thereon of such precinct; and 
such seal shall be used in sealing all envelopes or other 
containers required by law to be used at elections. The 
clerk of the precinct shall retain custody of the seal, and 
shall, at the end of his term of office, deliver it, with the 
records of the precinct and other official documents in his 
custody, to the city or town clerk. 

Section 2. Said chapter fifty-four is hereby further 
amended by inserting after section thirty, as so appearing, 
the following section : — Section 30 A . Notwithstanding any 
contrary provision of section thirteen, where voting machines 
are used one or more of the election officers shall be desig- 
nated by the city or town clerk as custodian of voting ma- 
chines to assist him in the preparation and upkeep thereof, 
and in the performance of his duties may enter within the 
guard rail in any polling place. He shall perform such 
duties under the supervision of the city or town clerk as 
the board, body or official charged with the conduct of the 
elections may require, or the board of voting machine ex- 
aminers may by regulation prescribe, but shall perform no 
other duties in connection with the conduct of the election. 
Each election officer shall be instructed in the use of the 
machines by a custodian acting under the direction of the 
city or town clerk. For the purpose of giving such instruc- 
tions the city or town clerk shall call such meeting or meetings 
of the election officers as may be necessary. The city or 
town clerk shall keep on file in his office a record of the 
names of the precinct election officers who have received 
instructions and are properly qualified to perform the duties. 

Section 3. Section thirty-one of said chapter fifty-four, 
as so appearing, is hereby amended by inserting at the end 
the following : — 

Where voting machines are used the city or town clerk 
on or before the day of election and before the hour fixed for 
the opening of the polls shall provide for the installation 
of the machines in the polling places. He shall send to the 
election officers before the polls are opened on election days 
blank forms and other necessary supplies, including voters' 
authority certificates, not less than one for each registered 
voter, in a form approved by the state secretary substantially 
as follows: 

City (or Town) of 

Ward and Precinct (or Precinct) 

Date 

Voting Authority No 

This certificate must be handed to the election officer in charge of 
the voting machines in order to vote. 

Each voter's certificate shall be so prepared as to be capable 
of being inserted by the election officer after receiving it 



Acts, 1943. — Chap. 310. 325 

from the voter in a suitable container to be furnished by 
the board or officer responsible for the conduct of the election. 

Section 4. Said chapter fifty-four is hereby further g. l. (Ter. 
amended by inserting after section thirty-three, as so ap- §§33A-3.m 
pearing, the four following sections: — Section S3 A. Voting added. 
machines shall be provided with convenient spaces, which of 'voting' * 
shall be specified and described on the cards of instruc- machines. 
tions, where the name of a person may be written in or a 
paster or sticker affixed by a voter who desires to vote for a 
person whose name does not appear on the voting machine. 
They shall be suitably lighted so that the voter will be able 
to easily read the titles of the offices, the names of the can- 
didates and the questions submitted to the voters. The Counters, etc. 
machines shall be equipped with proper devices or locks to 
prevent any operation of the machine before or after the 
voting, and with the following counters or indicators: — 
A "Public Counter", which shall mean the counter or other 
device that registers each time the machine is operated 
during the election and shows the number of persons who 
have voted thereon, a "Protective Counter", which shall 
mean the device or counter which registers the grand total 
of times that the machine has been operated, a "Candidate 
Counter", which shall mean the counters on which are 
registered numerically the votes cast for candidates, a 
"Question Counter", which shall mean the counters upon 
which are registered numerically the votes cast on questions 
submitted to the voters, and the "Vote Indicators", which 
shall mean the pointers or other devices upon which are 
registered the votes for candidates or on questions sub- 
mitted to voters. All voting machines used in primary 
elections shall be so equipped that the election officers can 
adjust the machines to prevent voters from voting for candi- 
dates of any party in which they are not enrolled. 

Section 33B. During the period the polls are open for Method of 
voting, the exterior of the voting machine shall remain in "oti'^^g'^a- 
plain view of the election officers. If so requested, an elec- chines, etc. 
tion officer shall instruct voters outside the guard rail in instructions. 
the manner of operating the machine. When the name of a 
voter has been checked on the voting list and he is found 
qualified to vote, he shall be given a voter's authority cer- 
tificate and admitted within the guard rail. Before entering a 
machine, the voter shall hand his voter's authority certifi- 
cate to the officer in charge of the machine, who shall deposit 
it in the receptacle provided therefor and shall then release 
the machine to permit the voter to close the curtain and 
cast his ballot. Except as otherwise provided in section 
seventy-nine, during the voting no officer shall be, nor per- 
mit any other person to be, in any position to see or learn 
how any voter is voting or has voted. The election officer 
attending the machine shall from time to time inspect the 
face of the machine to see that neither the ballot labels nor 
the voting indicators have been tampered with or injured. 
During the election the doors of the counter compartment 



326 



Acts, 1943. — Chap. 310. 



Instructions 
to voter after 
indosure 
in booth. 



Voting for 
persons whose 
names are 
not on 
ballot labels. 



G. L. (Ter. 
Ed.), 54, § 35, 
amended. 

E.xhibition 
of voting 
machines. 



Delivery at 
polling places. 



Examina- 
tion of. 



shall not be unlocked or opened. If through mechanical 
failure a machine ceases to function, it shall be inspected and 
put in. working order, if possible, by the custodian of voting 
machines, designated under section thirty A, in the presence 
of two election officers of different political parties, who shall 
make and sign a statement setting forth the cause of the 
failure of the machine to properly operate and such state- 
ment shall be filed with the election returns. If the machine 
cannot be put in working order, it shall be placed out of 
service for that election and a statement that the machine 
is out of order shall be signed by the election officers and 
filed with the election returns. 

Section 33C. If any voter, after he has inclosed himself 
in the voting machine booth, shall ask for further instruc- 
tions concerning the manner of operating the machine, two 
election officers of different political parties shall give him 
such instructions. No officer or person instructing him 
shall in any manner request or seek to persuade or induce 
any such voter to vote for any candidate or 'Candidates, 
or for or against any question submitted to the voters. 
After giving such instructions, and befoi-e such voter shall 
have registered his vote, the officers or persons instructing 
him shall retire, and such voter shall then register his vote 
as he may desire. No voter after registering his vote and 
emerging from the machine booth shall be permitted to 
re-enter it. 

Section 33D. Every vote cast for any person whose name 
does not appear on the ballot labels of the machine as a 
nominated candidate for office shall be written or affixed 
or enclosed on or in the appropriate place on the machine 
provided for that purpose, or it shall not be counted. 

Section 5. Said chapter fifty-four is hereby further 
amended by striking out section thirty-five, as so appearing, 
and inserting in place thereof the following section : — Sec- 
tion 35. The body, board or official charged with the con- 
duct of elections shall cause to be done all things necessary 
to properly carry on primaries and elections where voting 
machines are used. Before every primary and election they 
shall cause to be placed on public exhibition one or more 
machines for the instruction of voters. Such machines shall 
be equipped with ballot labels as nearly as practicable like 
those to be used on the machine at the primary or election, 
as to titles of offices, names of candidates and forms of ques- 
tions. On the day of the election they shall provide at each 
polling place a mechanical model of the voting machine, 
which shall be placed outside the guard rail and shall be suit- 
able for the instruction of the voters and illustrating the 
manner of voting. Before the opening of the polls they shall 
cause each machine to be prepared for use and delivered at 
the polling place. On the day of the election the keys to each 
voting machine shall be delivered by the city or town clerk 
to the election officers a reasonable time before the opening 
of the polls in a separate sealed envelope on which shall be 



Acts, 1943. — Chap. 310. 327 

written the number and location of the election precinct or 
polling place, the number of the voting machine, the num- 
ber of the seal with which it is sealed and the number regis- 
tered on the protective counter as reported by the city or 
town clerk. No such envelope shall be opened until at least 
one of the election, officers from each of tvix> political parties 
are present at the polling place and have examined the en- 
velope to see that it has not been opened. Before opening 
such an envelope, all election officers present shall examine 
the seal on the machine to see that it is intact, and they shall 
compare the numbers on the envelope with the numbers 
registered on the protective counter and on the seal on the 
machine to see whether or not they agree. If they do not 
agree, the machine shall not be opened until the city or town 
clerk shall have been notified and personally or by the cus- 
todian designated under section thirty A shall have examined 
such machine and certified that it is properly prepared and 
arranged for the election. If the numbers agree, the election 
officers shall open the doors of the counter compartment of 
the machine. All the election officers present shall examine 
the counter compartment of every machine to see whether 
or not it registers zero. After such examination the doors of 
each counter compartment shall be closed and locked and not 
again opened until the polls are closed. If any counter shall 
be found not to be set at zero, the number and letter of such 
counter, together with the number registered thereon, shall 
be stated in a writing signed by the election officers and 
posted on the wall of the polling place, and a duplicate of 
such writing shall be filed with the election returns. At the 
close of the polls such number shall be subtracted from the 
number then found registered on the counter. Each ma- 
chine shall remain locked and sealed against voting until the 
time set for opening the polls. It shall be then unlocked for 
voting and the seal removed. 

Sp:ction 6. vSection thirty-five B of said chapter fifty- g. l. (Tcr. 
four, inserted by section three of chapter two hundred and f asBfttc, 
eighty-one of the acts of nineteen hundred and thirty-eight, amended. 
and as most recently amended by sections six and seven of 
chapter five hundred and eleven of the acts of nineteen hun- 
dred and forty-one, is hereby further amended by striking 
out the second paragraph and inserting in place thereof the 
following paragraph : — 

After the closing of the polls, where voting machines are Proceduro 
used, the warden, or an election officer, in the presence of machines"^ 
an election officer of a different political party, and subject ^[*^''^i^g°^'"'^ 
to verification by any or all election officers present, shall, 
in the order of the offices as arranged on the voting ma- 
chine, read and announce in distinct tones the result as shown 
by the counters. He shall, in the same manner, read and an- 
nounce the vote on each constitutional amendment or other 
question as shown by the same machine. As each vote 
is read and announced, it shall be recorded on the total 
sheets, and, when completed, the record thereof shall be 



328 Acts, 1943. — CIiaps. 311, 312. 

compared with the numbers on the counters of the machine. 
The votes written in, or voted by pasters or stickers, for 
persons not named on the ballot labels of the machine shall 
then be announced and recorded. The result shall, in like 
manner, be read, compared and announced, one at a time, 
from each machine in the polling place until all the votes 
on the counters have been read, compared and announced, 
after which the total vote shall be tabulated and entered in 
the official returns. After the vote is tabulated, the elec- 
tion officers shall lock and seal each machine, and enclose 
and seal the keys in an envelope on which shall be written 
the number, if any, and the location of the election precinct 
or polling place, the number of the machine, the number on 
the seal and the number registered on the counters. In 
tabulating the votes, total sheets shall be used upon which 
shall be set down the total number of votes cast for each 
candidate and the total number of yes and no votes cast on 
each question as recorded by the voting machines. The 
totals on ballots cast by challenged voters and on absent 
^ voter ballots 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 each question. The 
total sheets shall be sealed up in envelopes and transmitted 
to the city or town clerk with the ballots, keys, voting lists 
and records of the election officers. 

Approved May 24, 19 43. 

Chap.Sll An Act relative to the venue of the crime of buying, 

RECEIVING OR AIDING IN THE CONCEALMENT OF STOLEN 
OR EMBEZZLED PROPERTY. 

Be it enacted, etc., as follows: 

EdV27r" Section 1. Chapter two hundred and seventy-seven of 

new '§ 58.\. the General Laws is hereby amended by inserting after sec- 
tion fifty-eight, as appearing in the Tercentenary Edition, 
Venue for the f ollowiug scctiou : — - Section 58 A . The crime of buying, 
reciting, rccciviug Or aiding in the concealment of stolen or embezzled 

or^embSed propcrty, as defined in section sixty of chapter two hun- 
property. dred and sixty-six, may be prosecuted and punished in the 

same jurisdiction in which the larceny or embezzlement of 
any property involved in the crime may be prosecuted and 
punished, 
t^ffective Section 2. This act shall take effect on October first in 

the current year. Approved May 24, 194S. 

Chap.S12 An Act revising the penalty for certain violations 

and false statements under THE LAW RELATING TO 
MA.RRIAGE. 

Be it enacted, etc., as follows: 
EdV207"§52 Section 1. Chapter two hundred and seven of the Gen- 
amended.' ' eral Laws is hereby amended by striking out section fifty- 
two, as appearing in the Tercentenary Edition, and in- 



Acts, 1943. — Chaps. 313, 314. 329 

sorting in place thereof the following section : — Section 52. Penalty. 
Whoever violates any provision of section twenty, and who- 
ever falsely swears or affirms in making any statement re- 
quired under section twenty, shall be punished by a fine of 
not more than one hundred dollars. 

Section 2. This act shall take effect on October first Effective 
in the current year and shall apply in the case of crimes ^^^' 
committed on or after said date; but the provisions of said 
section fifty-two, as in effect immediately preceding said 
date, shall continue to apply in the case of crimes com- 
mitted prior thereto. Approved May 24, 1943. 

An Act relative to the publication and distribution Chap. SIS 

OF BOOKS containing PORTRAITS AND BIOGRAPHICAL 
sketches of MEMBERS OF THE GENERAL COURT AND 
OTHER state OFFICERS, AND OTHER MATTERS OF PUBLIC 
INTEREST. 

Be it enacted, etc., as follows: 

Chapter five of the General Laws is hereby amended by g. l. (Ter. 
striking out section eighteen, as amended by section one § is, etc., 
of chapter two hundred and twenty-six of the acts of nine- amended, 
teen hundred and thirty-five, and inserting in place thereof 
the following section: — Section 18. The clerks of the two Preparation 
branches shall, in every odd-numbered year, prepare a book buUon^of'books 
containing portraits and biographical sketches of members containing 
of the general court and other state officers, lists of com- members of 
mittees and such other information as may be deemed per- courtretc. 
tinent, of which not more than four hundred copies shall be 
printed under the direction of said clerks, for the use of the 
general court. The clerks shall furnish one such copy to 
each member of the general court and shall distribute the 
other copies as the committees on rules of the senate and 
house of representatives may direct. 

In addition to the copies of such book printed under au- 
thority of the foregoing provisions of this section, there shall 
be printed such additional copies thereof as said clerks may 
from time to time determine. Such additional copies shall 
be delivered to the state secretary, who shall place the same 
on public sale at a price not less than the cost thereof, as 
determined by said committees on rules. 

Approved May 24, 1943. 

An Act relative to the salaries of members of the Chav. Sl^ 

COUNCIL. 

Be it enacted, etc., as follows: 

Section 1, Section three of chapter six of the General ej^'-6^|''3^ 
Laws, as appearing in the Tercentenary Edition, is hereby amended. 
amended by striking out, in the first line, the word "one" 
and inserting in place thereof the word : — two, — so as to 
read as follows : — Section 3. Each member of the council ^'^^ ^''^fi^JJg 
shall receive a salary of two thousand dollars. 



330 



Acts, 1943. — Chaps. 315, 316, 317. 



Effective 
date. 



Section 2. The salary established hereby shall be allowed 
from the time the members of the council elected at the bien- 
nial state election of nineteen hundred and forty-two took 
office. Approved May 24, 1943. 



Chap. S15 An Act relative to the salary of the commissioner 

OF BANKS. 

Be it enacted, etc., as follows: 

Section two of chapter twenty-six of the General Laws, as 
appearing in the Tercentenary Edition, is hereby amended 
by striking out, in the fourth hne, the words "six thousand" 
and inserting in place thereof the words : — seventy-five 
hundred, — so as to read as follows : — Section 2. Upon 
the expiration of the term of office of a commissioner of 
banks, his successor shall be appointed for three years by 
the governor, with the advice and consent of the council. 
The commissioner shall receive such salary, not exceeding 
seventy-five hundred dollars, as the governor and council 
determine. He shall not be an officer of or directly or 
indirectly interested in any national bank or in any bank, 
trust company, corporation, business or occupation that 
requires his official supervision, and he shall not engage in 
any other business. He shall give bond with sureties in the 
sum of twenty thousand dollars, to be approved by the state 
treasurer, for the faithful performance of his duties. 

Approved May 24, 1943. 



G. L. (Ter. 
Ed.), 26, § 2, 
amended. 



Commissioner 
of banks. 



Salary and 
bond. 



C/iap.316 An Act relative to the salary of the commissioner 

OF corporations and taxation. 



G. L. (Ter. 
Ed.), 14, § 2, 
amended. 



Commissioner 
of corpora- 
tions and 
taxation. 

Salary and 
bond . 



Be it enacted, etc., as follows: 

Section two of chapter fourteen of the General Laws, as 
appearing in the Tercentenary Edition, is hereby amended 
by striking out, in the fourth line, the word "seventy-five" 
and inserting in place thereof the word : — eighty-five, — 
so as to read as follows : — Section 2. Upon the expiration 
of the term of oflace of a commissioner, his successor shall be 
appointed for three years by the governor, with the advice 
and consent of the council. The commissioner shall receive 
such salary, not exceeding eighty-five hundred dollars, as the 
governor and council determine and shall give to the state 
treasurer a bond for the faithful performance of his official 
duties in a penal sum and with sureties approved by the 
governor and council. Approved May 24, 1943. 



Chap. S17 An Act relative to the salary of the commissioner 

OF INSURANCE. 

Be it enacted, etc., as folloios: 

EdV26^Vc Section six of chapter twenty-six of the General Laws, as 

amended. ' appearing in the Tercentenary Edition, is hereby amended 

by striking out, in the fourth line, the words "six thousand" 



Acts, 1943. — Chap. 318. 331 

and inserting in place thereof the words: — seventy-five 
hundred, — so as to read as follows: — Section 6. Upon the Commissioner 
expiration of the term of office of a commissioner of insur- of '"durance. 
ance, his successor shall be appointed for three years by the 
governor, with the advice and consent of the council. The salary and 
commissioner shall receive such salary, not exceeding seventy- ^°"'*- 
five hundred dollars, as the governor and council determine. 
He shall give bond with sureties in the sum of ten thousand 
dollars, to be approved by the state treasurer, for the faithful 
performance of his duties. Approved May 24, 1943. 
. ^ 

An Act relative to corrupt practices. Chap.SlS 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-five of the General Laws is g. l. (Ter. 
hereby amended by striking out section one, as appearing amende^d.^ ^' 
in the Tercentenary Edition, and inserting in place thereof 
the following section : — Section 1 . Except as otherwise pro- Campaign 
vided in this chapter, no person, in order to aid or promote caKatef 
his own nomination or election to public office, shall him- ijnntedand 
self or through another person give, pay, expend or contrib- 
ute any money or other thing of value, or promise so to do, 
in excess of the following amounts. 

" Primary. Election. 

United States Senator, $5,000 $10,000 

Governor, 5,000 10,000 

Lieutenant Governor, State Secretary, State 
Treasurer, State Auditor, Attorney Gen- 
eral, 3,000 6,000 

Representative in Congress, .... 3,000 6,000 

State Senator, 1,000 1,000 

Representative in the General Court : — 
Each candidate may spend : 

In a district entitled to three representa- 
tives, 600 600 

In a district entitled to two representa- 
tives, 500 500 

. In a district entitled to one representative, 400 400 

A candidate for any other office may expend an amount 
not exceedmg forty dollars for each one thousand, or major 
portion thereof, of the registered voters qualified to vote for 
candidates for the office in question at the next preceding 
election; but no such candidate shall expend more than fif- 
teen hundred dollars for the expenses of a primary, nor more 
than three thousand dollars for the expenses of an election. 
Any candidate may, however, expend a sum not exceeding 
two hundred dollars for primary or election expenses. Con- 
tributions by a candidate to political committees shall be in- 
cluded in the foregoing sums. 

The sums hereby authorized shall include all contributions 
from individuals, political committees or other sources to a 
candidate or person acting under his authority, and shall 
include every payment or promise of payment for any pur- 



332 



Acts, 1943. — Chap. 318. 



G. L. (Ter. 
Ed.), 55, § 5, 
amended. 



Payments by 
political 
committees 
restricted. 



G. L. (Ter. 
Ed.), 55, § 6, 
amended. 



Receipts and 

disbursements 

regulated. 



Certain 
services not 
prohibited. 



pose, made directly or indirectly by, or for the benefit of, a 
candidate, except payments or promises of payments of ex- 
penses by a political committee as authorized by this chap- 
ter; and the gift, payment, contribution or promise of any 
money or thing of value in excess of those sums, by a can- 
didate directly or indirectly, shall be deemed a corrupt 
practice. 

Section 2. Section five of said chapter fifty-five, as so 
appearing, is hereby amended by inserting after the word 
"publications" in the fourth line the words: — , radio 
broadcasts or other forms of publicity, — and by striking 
out the last paragraph and inserting in place thereof the 
following : — Such committee may contribute to other po- 
litical committees and may contribute to the personal fund 
of a candidate. A political committee or a candidate may 
hire conveyances or workers at primaries or elections, but 
not more than two persons at each polling place shall 
be hired to represent the same political party, candidate 
or principle, — so as to read as follows : — Section 5. Politi- 
cal committees, duly organized, may receive, pay and 
expend money or other things of value for the following 
purposes, and no others: advertising, writing, printing and 
distributing circulars or other publications, radio broad- 
casts or other forms of publicity, hire and maintenance of 
political headquarters, and clerical hire incidental thereto, 
meetings, refreshments, not including intoxicating liquors, 
but including cigars and tobacco, decorations and music, 
postage, stationery, printing, expressage, traveling expenses, 
telephone, telegraph and messenger service, and the hire of 
conveyances and workers at pollihg places. 

Such committee may contribute to other political com- 
mittees and may contribute to the personal fund of a can- 
didate. A political committee or a candidate may hire 
conveyances or workers at primaries or elections, but not 
more than two persons at each polling place shall be hired to 
represent the same political party, candidate or principle. 

Section 3. Section six of said chapter fifty-five, as so 
appearing, is hereby amended by inserting after the word 
"of" in the seventh line the second time it appears the 
words: — a candidate at a primary or election or, — and 
by striking out the third sentence and inserting in place 
thereof the following: — Any individual, not a candidate, 
may contribute to any political committee and to any candi- 
date, except as provided in section one, a sum which shall 
not exceed one thousand dollars in any election and primary 
preliminary thereto, — so as to read as follows: — Sec- 
tion 6. No person or combination of persons shall in con- 
nection with any nomination or election receive money or 
its equivalent, expend or disburse or promise to expend or 
disburse the same, except as authorized by this chapter. 
A political committee or a person acting under the authority 
or on behalf of such a committee may receive money or its 
equivalent, or expend or disburse or promise to expend or 



Acts, 1943. — Chap. 318. 333 

disburse the same for the purpose of aiding or promoting 
the success or defeat of a candidate at a primary or election 
or a poHtical party or principle in a public election or favoring 
or opposing the adoption or rejection of a question submitted 
to the voters, and for other purposes expressly authorized 
by this chapter subject, however, to the provisions thereof. 
Any individual, not a candidate, may contribute to any 
political committee and to any candidate, except as provided 
in section one, a sum which shall not exceed one thousand 
dollars in any election and primary preliminary thereto. 
This section shall not prohibit the rendering of services by 
speakers, publishers, editors, writers, checkers and watchers 
at the polls or by other persons for which no compensation 
is asked, given or promised, expressly or by implication; 
nor shall it prohibit the payment by themselves of such 
personal expenses as may be incidental to the rendering of 
such services; nor shall it prohibit the free use of property 
belonging to an individual and the exercise of ordinary 
hospitality for which no compensation is asked, given or 
promised, expressly or by implication. 

Section 4. Said chapter fifty-five is hereby further g. l. (Ter. 
amended by striking out section thirty-seven, as so appear- ^mended.^ ^^' 
ing, and inserting in place thereof the following : — Sec- Election peti- 
tion 87. (a) If five or more voters have reasonable cause tions for 
to believe that a corrupt practice, as defined in the pre- p^actPces. 
ceding section, has been committed by any successful can- 
didate, other than a candidate for the United States con- 
gress, or for the general court, for whom such voters had 
the right to vote, with reference to his election, or b}^ any 
other person in his interest or behalf with reference thereto, 
such voters may apply to a justice of the superior court, 
sitting in equity within and for Suffolk county, for leave to 
bring an election petition against such candidate praying 
that the election of such candidate be declared void. Such 
application shall be subscribed and sworn to by the peti- 
tioners and it shall be heard ex parte by the justice of the 
superior court upon such evidence as he may require; and 
if the petitioners shall establish to his satisfaction that there 
is reasonable cause to believe that a corrupt practice has 
been committed with reference to the election of the candi- 
date in question, which materially affected the results of 
the election, and that upon the evidence obtainable there 
is reasonable cause to believe that such violations may be 
proved, he shall make an order granting leave to the peti- 
tioners to bring an election petition against such candidate 

(6) After the entry of such order, and within two months Entry, notice, 
after the election to which it relates, the election petition procedure, etc 
may be filed in the superior court within and for Suffolk 
county. 

Notice of the petition shall be by writ of subpoena accord- 
ing to the usual course of proceedings in equity and shall be 
returnable fourteen days after the date on which the petition 
is filed. 



334 



Acts, 1943. — Chap. 318. 



Must be 
heard by three 
justices, etc. 



Decision to 
be final. 



Case may 
be reported. 



Defences. 



A subpoena issued upon an election petition shall be served 
not less than seven days before the return day. 

A defence to an election petition shall be by answer, filed 
within seven days after the return day, and no replication 
need be filed. 

Election petitions shall be entered on the equity docket. 

(c) Election petitions and all motions and other applica- 
tions, whether interlocutory or final, and all hearings on the 
merits or upon the making, entering or modifying of de- 
crees therein shall be heard and determined by three jus- 
tices of the superior court who shall, immediately following 
the filing of an election petition, be assigned by the chief 
justice of said court for the hearing and determination of 
all matters arising under election petitions prior to the next 
state election. ,No reference to a master shall be had upon 
any matter arising under an election petition, except in 
matters of fact relating to financial statements and the ex- 
amination of accounts and vouchers. All proceedings un- 
der election petitions shall have precedence over any case 
of a different nature pending in any court, and the justices 
of the superior court may from time to time make such rules 
regulating the practice and proceedings in matters of such 
election petitions, not inconsistent with this chapter, as they 
deem expedient. In the absence of any such rules, the prac- 
tice and procedure in election petitions shall be governed by 
such laws or rules of court, not inconsistent with this chap- 
ter, as may from time to time be in force relating to the 
practice and proceedings in matters of equity. 

((/) Upon an election petition the decision of the three 
justices of the superior court assigned as aforesaid, or of a 
majority of them, shall be final and conclusive upon all 
matters in controversy, whether interlocutory or final, and 
whether in matters of fact or matters of law. But the said 
justices, or a majority of them, may, after a finding of facts, 
either of their own motion or at the request of either party, 
report the case to the supreme judicial court for determina- 
tion by the full court; and thereupon like proceedings shall 
be had as upon a report after a finding of facts by a justice of 
the superior court in equity proceedings. 

(e) If upon an election petition one or more violations of 
the preceding section are proved, it shall be a defence to the 
petition if the defendant establishes to the satisfaction of a 
majority of the justices hearing the same, with reference to 
all of said violations, the following: 

As to every such violation, either that 

(1) Such violation was not committed by the candidate 
or by any person with his knowledge and in his behalf, but 
was committed contrary to the orders and without the sanc- 
tion or connivance of the candidate; 

(2) The participation, if any, of the candidate in such 
violation, arose from inadvertence or from accidental mis- 
calculation, or from some other reasonable cause of a like 



Acts, 1943. — Chap. 318. 335 

nature, and in any case did not arise from any want of good 
faith ; 

(3) The candidate took all reasonable means for prevent- 
ing the commission of violations of this chapter with refer- 
ence to the election in question; 

(4) The violation in question was of a trivial, unimportant 
and limited character; 

(5) The violation in question did not materially affect the 
results of the election. 

(/) The court may by an order make the final disposition Final decision 
of an election petition conditional upon the filing of a state- ^nditi'onai 
ment required by this chapter in a modified form, or within 
an extended time, and upon compliance with such other 
terms as the court may deem best calculated to carry into 
effect the objects hereof, and in such case the court shall 
require, within a time certain, further proof as to the com- 
pliance with the conditions of such order, whereupon a final 
decree shall be entered. 

(g) If upon the hearing of an election petition a majority Decree upon 
of the justices hearing the same shall find that in relation to p"rf "jft°^ 
the election of the candidate in question a corrupt practice, practice. 
as defined in the preceding section, was committed, either by 
the defendant or by any person in his interest or behalf, a 
decree shall be entered subject to the limitations and condi- 
tions hereinbefore prescribed, declaring void the election of 
the defendant to the office in question, and ousting and ex- 
cluding him from such office and declaring the office vacant. 

(h) No person called to testify upon an election petition immunity 
shall be excused from testifying or producing any papers on °* witnesses. 
the ground that his testimony may tend to criminate him 
or subject him to a penalty or forfeiture; but he shall not 
be prosecuted or subjected to any penalty or forfeiture except 
forfeiture of election to office, for or on account of any action, 
matter or thing concerning which he may so testify, except 
for perjury committed in such testimony. 

(z) No decree entered upon an election petition shall be Decree no bar 
a bar to or affect in any way any criminal prosecution of any pro'secut'ion. 
candidate or other person, or any inquest in accordance with 
sections thirty-nine to forty-five, inclusive. 

(j) A certified copy of any final decree entered upon an Certified copy 
election petition, as provided by this chapter, shall forth- "tate secretary. 
with be transmitted by the clerk to the state secretary; and piiung of 
any vacancy in any office created by any such decree shall vacancy. 
be filled in the manner provided by law in case of the death 
of the incumbent, but in no case shall the candidate so ex- 
cluded from the office be eligible therefor. 

(k) If upon the hearing of an election petition it shall ^^°*^f^t*° 
appear to a majority of the justices hearing the same that attorney, 
with reference to the election in question there is a reasonable p''°^«'^S' ^*''- 
presumption that any violation of this chapter was com- 
mitted, they shall cause notice of the facts to be given by 
the clerk of said court to the district attorney for the county 



336 



Acts, 1943. — Chap. 319. 



G. L. (Ter. 
Ed.), 50, 
§ 1, etc., 
amended. 



"Political 

committee' 

defined. 



where the violation appears to have been committed, with a 
Ust of the witnesses to estabhsh the violation, and any other 
information which they may consider proper; and there- 
upon the district attorney shall cause complaint therefor 
to be made before a court or magistrate having jurisdiction 
thereof, or shall present the evidence thereof to the grand 
jury. If it shall appear that a successful candidate for dis- 
trict attorney has been guilty of any such violation, a ma- 
jority of said justices shall order the notice of the facts to 
be given to the attorney general, who shall designate a dis- 
trict attorney to make such complaint or presentment. A 
majority of said justices may issue process for the apprehen- 
sion of any person so appearing to have committed a viola- 
tion of this chapter, and may bind over, as in criminal prose- 
cutions, such witnesses as they deem necessary to appear 
and testify at the court having jurisdiction of the crime. 

Section 5. Section one of chapter fifty of the General 
Laws, as amended by sections one and two of chapter five 
hundred and eleven of the acts of nineteen hundred and 
forty-one, is hereby further amended by inserting after the 
word ''defeat" in the sixtieth line, the words: — of a candi- 
date at a primary or election or the success or defeat, — so 
that lines fifty-six to sixty-two, as appearing in the Ter- 
centenary Edition, will read as follows: — "Political com- 
mittee" shall apply only to a committee elected as provided 
in chapter fifty-two, except that in chapter fifty-five it shall 
also apply, subject to the exception contained in section 
thirty-eight thereof, to every other committee or combina- 
tion of five or more voters of the commonwealth who shall 
aid or promote the success or defeat of a candidate at a 
primary or election or the success or defeat of a political 
party or principle in a public election or shall favor or oppose 
the adoption or rejection of a question submitted to the 
voters. Approved May 24, 1943. 



Chap. 319 An Act relative to the payment of unemployment 

COMPENSATION BENEFITS TO PERSONS UPON TERMINATION 
OF SERVICE IN THE MILITARY OR NAVAL FORCES OF THE 
UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seven hundred and 
one of the acts of nineteen hundred and forty-one is hereby 
amended by striking out subsection (c) and inserting in place 
thereof the following subsection : — 

(c) He has been paid wages of one hundred and fifty dol- 
lars or more in the base period effective at the time of his 
induction or enlistment combined with the quarters of the 
calendar year next succeeding such base period provided 
that such quarters have elapsed prior to his termination of 
active military or naval service, and is otherwise eligible for 
weekly benefits for unemployment under the provisions of 
the employment security law. 



Acts, 1943. — Chap. 320. 337 

Section 2. Section two of said chapter seven hundred 
and one is hereby amended by striking out subsection (a) 
and inserting in place thereof the following subsection : — 

(a) The aggregate amount of benefits payable to such per- 
son shall be the total amount of benefits not previously paid 
to him, based on wages paid in the base period effective at 
the time of his induction or enlistment combined with the 
quarters of the calendar year next succeeding such base 
period, provided that such quarters have elapsed prior to 
his termination of active military or naval service. 

Approved May 24, 1943. 



Chap.S20 



An Act relative to the securing of information con- 
cerning PERSONS residing AT INNS, LODGING HOUSES 
AND PUBLIC LODGING HOUSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-one of the General Laws is o. l. (Ter. 
hereby amended by striking out sections ten A and ten B, fj'ioA^and 
inserted by section one of chapter three hundred and sixty- ^^^'^^*g°j' 
nine of the acts of nineteen hundred and thirty-nine, and ^^"^ 
inserting in place thereof the following section : — Section statement 
10 A. Every innholder ficensed under any provision of chap- reltden'ts of 
ter one hundred and forty, and every keeper of a lodging inns, etc. 
house or public lodging house licensed thereunder shall, on 
or before January fifth of each year, report in writing to 
the registrars of voters of the city or town wherein such inn, 
lodging house or public lodging house is located, under the 
penalties of perjury, the name of every person twenty years 
of age or older on January first of said year whose place of 
residence on said January first was at such inn, lodging 
house or pubhc lodging house, together with the other in- 
formation relative to each such person required to be secured 
by registrars under section four. The registrars of voters of 
every city and town shall, not later than the fifteenth day 
of December in each year, furnish to such innholder, keeper 
of a lodging house or keeper of a public lodging house suit- 
able blank forms for the making of the reports required under 
this section. 

In preparing the lists required by section four, the regis- 
trars shall not include therein as residing at any licensed inn, 
lodging house or public lodging house the name of any per- 
son which has not been reported to them as provided by this 
section. 

Section 2. The fourth sentence of section thirty-seven g. l. (Ter. 
of said chapter fifty-one, as most recently amended by sec- f 37,' etc., 
tion two of said chapter three hundred and sixty-nine, is amended. 
hereby further amended by striking out the words "or the 
name of a person who neglects to file the return required" 
and inserting in place thereof the words : — nor shall they 
enter in such register as residing at any licensed inn, lodging 
house or pubHc lodging house the name of a person which 
has not been reported to them, — so as to read as follows : 



338 



Acts, 1943. — Chap. 321. 



Entries in 

annual 

register. 



G. L. (Ter. 
Ed.), 51, 
§ 41A, etc., 
amended. 



Election com- 
missioners to 
have similar 
duties as 
registrars. 



G. L. (Ter. 
Ed.), 56, § 5, 
etc., amended. 



Penalty. 



— They shall make all inquiries and investigations neces- 
sary to identify such person, and they shall not enter in the 
annual register the name of a person objected to by any 
registrar, nor shall they enter in such register as residing at 
any licensed inn, lodging house or public lodging house the 
name of a person which has not been reported to them under 
section ten A, until such person has been duly notified and 
given an opportunity to be heard. 

Section 3. Said chapter fifty-one is hereby further 
amended by striking out section forty-one A, inserted by 
section one of chapter three hundred and twenty-eight of 
the acts of nineteen hundred and forty-one, and inserting 
in place thereof the following section: — Section 41 A. The 
duties imposed by sections ten A and thirty-seven, respec- 
tively, upon registrars of voters shall be performed in Bos- 
ton and in other cities not having registrars by the election 
commissioners or other persons or boards having the powers 
and duties of registrars, or similar powers and duties. The 
reports required by said section ten A shall in Boston and 
in such other cities be filed with said commissioners or other 
persons or boards. 

Section 4. Section five of chapter fifty-six of the General 
Laws, as amended by section nineteen of chapter four hun- 
dred and forty of the acts of nineteen hundred and thirty- 
eight, is hereby further amended by adding at the end the 
following sentence : — Whoever, being a licensed innholder 
or keeper of a lodging house or public lodging house, fails in 
any respect to make the reports required by section ten A 
of chapter fifty-one in the detail and manner and within the 
time therein provided shall be punished by a fine of not less 
than ten nor more than fifty dollars. 

Approved May 25, 1943. 



Chap.S21 An Act relative to the salaries of the assistant com- 
missioner AND THE associate COMMISSIONERS OF THE 
DEPARTMENT OF LABOR AND INDUSTRIES. 

Be it enacted, etc., as follows: 

Chapter twenty-three of the General Laws is hereby 
amended by striking out, section two, as appearing in the 
Tercentenary Edition, and inserting in place thereof the 
following section: — Section 2. Upon the expiration of the 
term of office of a commissioner, an assistant commissioner 
or an associate commissioner, his successor shall be ap- 
pointed for three years by the governor, with the advice and 
consent of the council. The commissioner shall receive such 
salary not exceeding seventy-five hundred dollars, and the 
assistant commissioner, and the associate commissioners 
such salaries, not exceeding five thousand dollars each, as 
the governor and council determine. 

Approved May 25, 1943. 



G. L. (Ter. 
Ed.), 23, § 2, 
amended. 



Commissioner, 
etc., of labor 
and industries. 



Salary. 



Acts, 1943. — Chaps. 322, 323. 339 



An Act prohibiting unlawful injury to, interference (JJiar) 322 

WITH OR OPERATION OF MOTOR BUSES AND TRACKLESS 
TROLLEY VEHICLES AND TO PROHIBIT RIDING UPON THE 
REAR OR SIDE OF TRACKLESS TROLLEY VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and three of chapter o. l. (Ter. 
one hundred and fifty-nine of the General Laws, as most fios/et^J., 
recently amended by chapter fifty-four of the acts of nine- amended. ' 
teen hundred and forty-one, is hereby further amended by 
striking out the words "or car" in the eighth Une and in- 
serting in place thereof the words : — , car, motor bus or 
trackless trolley vehicle, — and by inserting after the word 
"car" in the eleventh and in the twelfth Hnes, in each in- 
stance, the words : — , motor bus or trackless trolley vehi- 
cle, — so as to read as follows: — Section 103. Whoever injury to 
unlawfully and intentionally injures, molests or destroys sfgnXf etc. 
any signal of a railroad corporation or railway company, or 
any line, wire, post or other structure or mechanism used in 
connection with such signal, or prevents or in any way inter- 
feres with the proper working of such signal, or whoever 
unlawfully and intentionally injures, molests, meddles or tam- 
pers with or destroys a track, car, motor bus or trackless 
trolley vehicle or any part, apphance or appurtenance thereof, 
of a railroad corporation or railway company, or the mechan- 
ism or apparatus used in the operation of any such car, motor 
bus or trackless trolley vehicle, or whoever without right 
operates any such car, motor bus or trackless trolley vehicle 
or any mechanism or appliance thereof, shall be punished by 
a fine of not more than five hundred dollars or by imprison- 
ment for not more than two j^ears, or both. 

Section 2. Chapter eighty-five of the General Laws is g. l. (Tcf. 
hereby amended by striking out section seventeen B, in- f i/B^etc, 
serted by chapter forty-three of the acts of nineteen hundred amended. 
and thirty-three, and inserting in place thereof the follow- 
ing section: — Section 17 B. Whoever rides upon the rear Riding upon 
or side of any street railway car, motor bus, or trackless rafiway^cars! 
trolley vehicle without the consent of the person in charge ^^''v'?^®'^ 
thereof shall be punished by a fine of not more than twenty ^"^^ 
dollars. Approved May 25, 1943. 

An Act authorizing the city of medford to pay a sum Qhav 323 

OF money to MARTHA A. GAVEL 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 Medford is hereby authorized 
to pay to Martha A. Gavel of said city a sum not exceeding 
nine hundred dollars in full compensation for damages sus- 
tained by her by reason of the taking by said city, for street 
construction purposes, of land owned by her. 

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

Approved May 25, 1943. 



340 Acts, 1943. — Chaps. 324, 325. 



Chap. 324: An Act authorizing the city of peabody to appropri- 
ate MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN 
UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Peabody is hereby authorized 
to appropriate money for the payment 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 forty-one by said city, the total of 
such bills being one thousand and fifty-seven dollars and 
sixty-eight cents, as set forth in the list on file in the ofiice 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 
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. No bill shall be approved by the city auditor 
of said city for payment or paid by the treasurer thereof 
under 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 25, 1943. 



Chap. 325 An Act authorizing the three rivers fire district of 
the town of palmer to establish a system of water 

SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The Three Rivers Fire District of the town 
of Palmer located within the following boundary lines, to 
wit : — beginning at a stone monument near the intersec- 
tion of the road leading from Palmer to Three Rivers with 
the road leading from Palmer to Bondsville, said intersec- 
tion being just southerly from a crossing at grade of said 



Acts, 1943. — Chap. 325. 341 

Three Rivers road and the track of the Ware River railroad 
known as Burleigh's crossing; thence in a course south sev- 
enty-one and one half degrees (71 H") west to a stone monu- 
ment on the town line between Palmer and Wilbraham, 
said monument being four hundred fifty (450) feet north- 
erly measured along said town line, from a stone monument 
set to mark an angle in the town lines between Palmer and 
Monson ; thence northerly on said town line between Palmer 
and Wilbraham to a stone monument set to mark a corner 
of the towns of Palmer, Wilbraham, Ludlow and Belcher- 
town; thence easterly along the town line between Palmer 
and Belchertown to the Swift river, nearly opposite its junc- 
tion with the Ware river; thence crossing said Swift river 
and following up the Ware river easterly to the southerly 
end of a bridge crossing said river, known as Button's bridge; 
thence southeasterly in a straight line to the center line ' 

of track of the Ware River railroad at a point where said 
center line crosses at grade the center line of the main 
road leading from Three Rivers to Thorndike; thence south- 
erly along said center line of said Ware River railroad to its 
crossing at grade with the road leading from Palmer to 
Three Rivers; thence along said road southeasterly to the 
place of beginning, — may supply itself and its inhabitants 
with water for the extinguishment of fires and for domestic 
and other purposes, and is hereby empowered to establish 
fountains and hj^drants and to relocate and discontinue the 
same, to regulate the use of such water and to fix and col- 
lect rates to be paid therefor, and to assess and raise 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 herein- 
after in force relating to water districts, water supply dis- 
tricts or fire districts supplying water to their inhabitants, 
except as otherwise provided herein. The district shall have 
power to prosecute and defend all actions relating to its 
property and affairs. 

Section 2. For the purposes aforesaid, the district, act- 
ing by and through its board of water commissioners herein- 
after provided for, may contract with 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 a driven, artesian or other 
well, within the town of Palmer 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, purify- 



342 Acts, 1943. — Chap. 325. 

ing and preserving the purity of the water and for conveying 
the same to any part of said district; provided, that no source 
of water supply or lands necessary for preserving the quality 
of the water shall be so taken or used without first obtaining 
the advice and approval of the state department of public 
health, and that the location and arrangement of all dams, 
reservoirs, springs, wells, pumping, purification and filtration 
plants and such other works as may be necessary in carrying 
out the provisions of this act shall be subject to the approval 
of said department. The district may construct and main- 
tain on 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 purification 
works or systems, and may make excavations, procure and 
operate machinery and provide such other means and appli- 
ances, and do such other things as may be necessary for the 
establishment and maintenance of complete and effective 
waterworks; 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 pubHc or other ways, and along such 
ways, in said town, in such manner as not unnecessarily to 
obstruct the same ; and for the purposes of constructing, lay- 
ing, 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 select- 
men of the town of Palmer. 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 dis- 
trict 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 
under authority thereof may recover. such damages from the 
district under said chapter seventy-nine; but the right to 
damages for the taking of any water, water right or water 
source, or for any injury thereto, shall not vest until water 
is actually withdrawn or diverted under authority of this 
act. 

Section 4. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 



Acts, 1943. — Chap. 325. 343 

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 six. 

Section 5. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water sup- 
ply under this act if, in the judgment of the board of water 
commissioners hereinafter provided for, after a hearing, due 
notice whereof shall have been given, such estate is so situ- 
ated that it can receive no aid in the extinguishment of fire 
from the said system of water supply, or if such estate is so 
situated that the buildings thereon, or the buildings that 
might be constructed thereon, could not be supplied with 
water from said system in any ordinary or reasonable man- 
ner; but all other estates in the district shall be deemed to 
be benefited and shall be subject to such tax. A certified 
list of the estates exempt from taxation under 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 assess- 
ment shall be committed to the town collector, who shall 
collect said tax in the manner provided by law for the col- 
lection of town taxes, and shall deposit the proceeds thereof 
with the district treasurer for the use and benefit of the dis- 
trict. The district may collect interest on overdue taxes in 
the manner in which interest is authorized to be collected 
on town taxes. 

Section 6. The district shall, after the acceptance of this 
act as hereinafter provided, elect by ballot, either at the 
same meeting at which this act shall have been accepted, 
or thereafter, at an annual or at a special meeting called for 
the purpose, three persons, inhabitants of and voters in said 
district, to hold ofhce, 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. All the authority granted to said district by this act 
and not otherwise specifically provided for, shall be vested 
in said board of water commissioners, who shall be subject, 
however, to such instructions, rules and regulations as the 
district may by vote impose. No water commissioner shall 
serve as treasurer of the district during his term. The treas- 
urer of the district shall give bond to the district, in such 
amount as may be approved by said water commissioners 
and the prudential committee of the district, and with a 



344 Acts, 1943. — Chap. 325. 

surety company authorized to transact business in the com- 
monwealth as surety. A majority of the commissioners shall 
constitute a quorum for the transaction of business. Any 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said dis- 
trict at any legal meeting called for the purpose. No money 
shall be drawn from the treasury of the district on account 
of its waterworks except upon the written order of said water 
commissioners or a majority of them. 

Section 7. 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 waterworks shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water 
commissioners may recommend, and in case a 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 re- 
ceipts and expenditures. 

Section 8. The district may adopt by-laws governing 
the conduct of its water department and may establish rules 
and regulations for the management of the same, not incon- 
sistent with this act or 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 9. The district may, by vote, in lieu of electing 
a board of water commissioners under this act, delegate to 
the prudential committee of the Three Rivers Fire District 
of the town of Palmer all the powers and duties of said board 
of water commissioners. In such event, the said prudential 
committee shall have all the powers and duties of the said 
board of water commissioners as given under this act. 

Section 10. Nothing in this act shall authorize the dis- 
trict to supply water for the extinguishment of fires or for 
domestic or other purposes to the inhabitants of the area 
served on the effective date of this act by George B. Cheney 
or of the area served on said date by Palmer Industries, Inc., 
without first having acquired by purchase, or by eminent 
domain under chapter seventy-nine of the General Laws, as 
the occasion may arise, all of the properties of said George 
B. Cheney or said Palmer Industries, Inc., as the case may 
be, on said date appurtenant to the business of water supply 
and located within the area served by said George B. Cheney 
or said Palmer Industries, Inc., as the case may be. In case 
of dispute as to the area served by either said George B. 
Cheney or said Palmer Industries, Inc. on said date, the 
department of public utilities, upon application of the dis- 



Acts, 1943. — Chap. 326. 345 

trict or of said George B. Cheney or said Palmer Industries, 
Inc., as the case may be, shall determine such area and such 
determination shall be final. 

Section 11. 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 punished by a fine of not more than three hundred 
dollars or by imprisonment for not more than one year, or 
both. 

Section 12. 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 hmits thereof, 
and signed by the owners of such real estate or a major por- 
tion 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 dis- 
trict 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 13. The question of the acceptance of this act 
shall be submitted to the duly qualified voters of the district 
at any annual or special meeting called by the district in 
accordance with section sixty-six of chapter forty-eight of 
the General Laws and held within four years after the pas- 
sage of this act, and if it is accepted by a majority of the 
voters present and voting thereon it shall thereupon take 
full effect. Approved May 25, 191^8. 



An Act placing certain positions in the health depart- (JJidj) 326 

MENT OF THE CITY OF BOSTON UNDER THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

The positions of dentists, dental hygienists and supply 
clerks in the health department of the city of Boston 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. The persons holding said positions 
on said effective date may continue to serve therein, but 



346 - Acts, 1943. — Chaps. 327, 328, 329. 

they shall not be subject to said civil service laws and rules 
and regulations unless and until they pass a qualifying 
examination to which they shall be subjected by the division 
of civil service. Approved May 25, 1943. 

Chap. S27 An Act relative to the use of lake cochituate in 

THE TOWNS OF NATICK, FRAMINGHAM AND WAYLAND FOR 
fiATHING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. It shall be lawful for any inhabitant of the 
town of Natick, Framingham or Wayland to bathe in the 
waters of so much of Lake Cochituate as lies in any of said 
towns during such time as said waters are not used for 
water supply purposes of the metropolitan water district as 
authorized by law. 

Section 2. This act shall not become effective until 
the termination of the existing states of war between the 
United States and any foreign country. 

Approved May 25, 1943. 

Chap. 328 An Act requiring the supplying of food by common 

VICTUALLERS ON SUNDAYS IF THEY HOLD LICENSES TO 
SELL ALCOHOLIC BEVERAGES THEREON. 

Be it enacted, etc., as folloivs: 

Edo, 140,'^' Chapter one hundred and forty of the General Laws is 

§ 8, etc., ' hereby amended by' striking out section eight, as most 

recently amended by section fourteen of chapter three 

hundred and sixty-eight of the acts of nineteen hundred 

and thirty-six, and inserting in place thereof the following 

Penalty for scction: — Scction 8. A common victualler who, upon re- 

servrfooci QUCst, OH any day but Sunday, or on any day if he holds a 

to traveler. Hcensc to scll alcohoUc bcvcragcs on Sundays, refuses to 

supply food to a stranger or traveler shall be punished by a 

fine of not more than fifty dollars; provided, that nothing 

in this chapter shall be construed to permit or require a 

common victualler, who holds a license to keep a tavern 

under chapter one hundred and thirty-eight, to admit a 

woman as a patron in such tavern. 

Approved May 25, 1943. 

Chap. 329 An Act relative to the constitution of a quorum for 

THE transaction OF BUSINESS BY THE PROPRIETORS OF 
FOREST HILLS CEMETERY, AND RELATIVE TO THE INVEST- 
MENT OF THE FUNDS OF SAID CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter fifty-seven of the acts 
of eighteen hundred and sixty-eight is hereby amended by 
striking out, in the ninth line, the word "persons" and in- 
serting in place thereof the words: — members, either pres- 



amended. 



Acts, 1943. — Chap. 330. 347 

ent in person or represented by proxy, — so as to read 
as follows: — Section 6. The annual meetings of said cor- 
poration shall be held on the fourth Monday of March in 
each 3^ear, at such place in the city of Boston as the trustees 
shall direct, and notices thereof, signed by the secretary, 
shall be published in two or more of the newspapers printed 
in Boston, at least seven days before the meeting; special 
meetings may be called by order of the trustees in the same 
manner. At all meetings of said corporation a quorum for 
business shall consist of not less than fifteen members, either 
present in person or represented by proxy, and any business 
may be transacted, of which notice shall be given in the 
advertisements for the meeting, and all questions shall be 
decided by a majority of the members present and repre- 
sented, and voting either in person or by proxy. 

Section 2. The trustees of The Proprietors of Forest 
Hills Cemetery are hereby authorized to invest any funds 
in their hands in any securities or investments in which, 
under the laws of the commonwealth, trustees appointed by 
courts of the commonwealth are now, or may hereafter be, 
authorized or permitted to invest. 

Section 3. So much of said chapter fifty-seven of the 
acts of eighteen hundred and sixty-eight, or any act in 
amendment thereof or in addition thereto, as is inconsistent 
with the provisions of this act, is hereby repealed. 

Section 4. Nothing in this act shall be deemed to affect 
the validity of any investment of funds made by said trustees 
prior to the effective date of this act. 

Approved May 25, 1943. 
\ 

An Act relative to the admission to bail of persons Qhav 330 

CHARGED WITH CERTAIN SEX CRIxMES, SO CALLED. 

Be it enacted, etc., as follows: 

Section fifty-seven of chapter two hundred and seventy-six g. l. (Ter. 
of the General Laws, as amended by section four of chapter §^57;e^/c^,' 
two hundred and ninety-nine of the acts of nineteen hundred amended. 
and thirty-nine, is hereby further amended by adding at the 
end of the second paragraph, as appearing in the Tercen- 
tenary Edition, the following sentence: — ■ If it appears that Bail of per- 

'^ 1 . ' . . , '^ , . , pfT sons charged 

any such prior criminal prosecution was lor an offence com- with sex 
mitted in violation of any provision of sections twenty-two to °'"™«'®- 
twenty-four, inclusive, of chapter two hundred and sixty-five 
or section thirty-four or thirty-five of chapter two hundred 
and seventy-two the court shall, before the amount of bail 
is fixed, obtain from the department of mental health a report 
containing all information in its possession relative to the 
prisoner, particularly with respect to any mental disease or 
defect with which he may have been afflicted; and said de- 
partment shall furnish any such report to the court promptly 
upon its request. Approved May 25, 1943. 



348 



Acts, 1943. — Chaps. 331, 332. 



G. L. (Ter. 
Ed.), Ill, § 12, 
amended. 



Analyses 
of poisons, 
drugs, etc. 



Chap. S31 An Act relative to the analysis of narcotic drugs and 

OTHER MATERIALS AND THE ADMISSIBILITY IN EVIDENCE 
OF CERTIFICATES OF ANALYSIS. 

Be it enacted, etc., as folloios: . 

Section 1. Chapter one hundred and eleven of the Gen- 
eral Laws is hereby amended by striking out section twelve, 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section: — Section 12. It shall 
make, free of charge, a chemical analysis of any narcotic drug, 
or any synthetic substitute for the same, or any prepara- 
tion containing the same, or any salt or compound thereof, 
and of any poison, drug, medicine or chemical, when sub- 
mitted to it by police authorities or by such incorporated 
charitable organizations in the commonwealth, as the de- 
partment shall approve for this purpose; provided, that it 
is satisfied that the analysis is to be used for the enforcement 
of law. 

Section 2. Section thirteen of said chapter one hundred 
and eleven, as so appearing, is hereby amended by strik- 
ing out the last sentence and inserting in place thereof the 
following sentence : — When properly executed it shall be 
prima facie evidence of the composition and quality of the 
narcotic or other drug, poison, medicine or chemical analyzed, 
and the court shall take judicial notice of the signature of the 
analyst or assistant analyst, and of the fact that he is such. 

Approved May 26, 194S. 



G. L. (Ter. 
Ed.), 111,113, 
amended. 



Analyses to 
be prima 
facie evidence. 



Chap. 332 An Act making horses and mules subject to the law 

REGULATING THE SLAUGHTERING OF CERTAIN ANIMALS, 
AND FURTHER REGULATING THE INSPECTION AND STAMP- 
ING OR BRANDING OF CERTAIN ANIMALS SLAUGHTERED 
WITHOUT THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and eighteen of chapter 
ninety-four of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by inserting after the 
word "cattle" in the fourth and in the thirteenth lines the 
following: — , horses, mules, — so as to read as follows: — 
Section 118. The proprietor of each slaughter house, can- 
ning, salting, smoking or rendering establishment, and of 
each establishment used for the manufacture of sausages or 
chopped meat of any kind, who is engaged in the slaughter 
of neat cattle, horses, mules, sheep or swine, the meat or 
product of which is to be sold or used for food, shall annu- 
ally in April apply for a license to the aldermen of the city 
or to the selectmen or, in a town having a population of 
more than five thousand, to the board of health, if any, of 
the town where such slaughter house or establishment is 



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



Slaughter 
houses to be 
licensed. 



Acts, 1943. — Chap. 332. 349 

located. The application shall be in writing signed and 
sworn to by one or more of the owners or persons carrying 
on such business, or, if a corporation, by some authorized 
officer thereof, shall state the name and address of all the 
owners or persons carrying on said business, the location of 
the slaughter house or establishment, the estimated number 
of neat cattle, horses, mules, sheep or swine to be slaugh- 
tered per week, the days of the week upon which they are 
to be slaughtered and the nature of the products thereof to 
be sold or used for food. 

Section 2. Section one hundred and nineteen of said S-,^iT^r,,Q 

, , , , , JliCl.), 94, 8 1 19, 

chapter ninety-four, as so appearing, is hereby amended by amended. 
inserting after the word "cattle" in the fourth line the fol- 
lowing: — , horses, mules, — by striking out, in the fifth line, 
the words ''the two following sections" and inserting in place 
thereof the words : — sections one hundred and twenty and 
one hundred and twenty A, — and by striking out, in the 
eleventh and in the fourteenth and fifteenth lines, the words 
"the preceding section" and inserting in place thereof, in 
each instance, the words : — section one hundred and eight- 
een, — so as to read as follows: — Section 119. The alder- issue of 
men, selectmen, or such other officers as they shall designate, '"^«'"^«"s- 
or, in a town having a population of more than five thou- 
sand, the board of health, if any, may annually issue licenses 
to carry on the business of slaughtering neat cattle, horses, 
mules, sheep or swine to applicants therefor. Except as Fee. 
provided in sections one hundred and twenty and one hun- 
dred and twenty A, the fee for each license shall be one dol- 
lar. The license shall name the persons licensed to conduct 
such business, and the building or establishment where it is 
to be carried on, and it shall continue in force until May 
first of the year next ensuing, unless sooner forfeited or 
rendered void. A record shall be kept by the board or offi- Record. 
cers authorized to issue such licenses of all applications for 
licenses under section one hundred and eighteen and of all 
licenses issued, which shall be evidence of the issue of any 
such license. Such board or officers shall annually, on or 
before June first, send to the department of public health 
a copy of each application made to them under section one 
hundred and eighteen and of their action thereon, together 
with a list of the names and addresses of all persons who, 
although engaged in- the business named in said section on 
the preceding April thirtieth, failed to make application for 
a license. 

Section 3. Section one hundred and twenty of said I^V^J'^r-j.^o 
chapter ninety-four, as so appearing, is hereby amended amended. 
by inserting after the word "cattle" in the fourth line the 
following: — , horses, mules, — so as to read as follows: — 
Section 120. In towns having less than ten thousand inhab- License fee 
itants which accept this section or have accepted correspond- ^°'" ®"'^" 
ing provisions of earlier laws at any annual town meeting, 
the annual license fee for carrying on the business of slaugh- 



towns. 



350 



Acts, 1943. — Chap. 332. 



G. L. (Ter. 
Ed.), 94, 
§ 120A, 
amended. 



Additional 
fees in cer- 
tain towns 
regulated. 



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



Inspectors, 
etc., to visit 
slaughter 
houses. 



G. L. (Ter. 
Ed.), 94, § 131, 
amended. 



Branding of 
carcasses 
slaughtered 
without the 
commonwealth 



G. L. (Ter. 
Ed.), 94, § 133, 
amended. 



Private slaugh- 
ter houses. 



tering neat cattle, horses, mules, sheep or swine shall be 
such sum not exceeding one hundred dollars as the select- 
men fix. 

Section 4. Section one hundred and twenty A of said 
chapter ninety-four, as so appearing, is hereby amended 
by insertmg after the word "cattle" in the fourth line the 
following: — , horses, mules, — so as to read as follows: — 
Section 120 A. A town which accepts this section may, in 
addition to the annual fee under section one hundred and 
nineteen or one hundred and twenty for a license to carry 
on the business of slaughtering neat cattle, horses, mules, 
sheep or swine, require the payment by the licensee of a 
further fee of not exceeding one dollar for each animal 
slaughtered under such license, but such further fee shall 
not be required for any animal slaughtered under federal 
inspection. Additional fees provided for under this section 
shall be paid to the town treasurer at such times and in such 
manner as the selectmen by vote determine. This section 
shall not apply to cities. 

Section 5. Section one hundred and twenty-three of said 
chapter ninety-four, as amended by section fifteen of chap- 
ter one hundred and eighty of the acts of nineteen hundred 
and *thirty-two, is hereby further amended by striking out, 
in the second line, the words "the preceding section" and 
inserting in place thereof the words : — section one hundred 
and twenty-two, — and inserting after the word "cattle" in 
the fourth line the following : — , horses, mules, — so as to 
read as follows: — Section 123. Inspectors, officers, agents 
and assistants mentioned in section one hundred and twenty- 
two shall visit and keep under observation each place within 
their respective districts where neat cattle, horses, mules, 
sheep, swine or other animals intended for slaughter or for 
sale or use as food are delivered from transportation, and 
shall have at all times free access to each such place and to 
each railroad train or car or other vehicle in which such 
animals are transported, to prevent, detect and punish viola- 
tions of section one hundred and thirty-eight. 

Section 6. Said chapter ninety-four is hereby further 
amended by striking out section one hundred and thirty-one, 
as appearing in the Tercentenary Edition, and inserting 
in place thereof the following section: — Section 131. Car- 
casses of neat cattle, horses, mules, sheep or swine slaughtered 
without the commonwealth shall be deemed unfit for human 
food, and shall not be sold or offered for sale as such, unless 
they have been inspected at the time of slaughter by an 
inspector of the bureau of animal industry of the United 
States departm.ent of agriculture and have been stamped or 
branded by said inspector. 

Section 7. Section one hundred and thirty-three of said 
chapter ninety-four, as so appearing, is hereby amended by 
inserting after the word "cattle" in the sixth line the fol- 
lowing : — , horses, mules, — so as to read as follows : — 
Section 133. Sections one hundred and eighteen, one hun- 



Acts, 1943. — Chap. 332. 351 

dred and nineteen, one hundred and twenty-five to one hun- 
dred and twenty-seven, inclusive, one hundred and twenty- 
nine and one hundred and thirty, shall not apply to a person 
not engaged in the slaughtering business, who, upon his own 
premises and not in a slaughter house, slaughters his own neat 
cattle, horses, mules, sheep or swine, but the carcass of any 
such animal, intended for sale, shall be inspected, and, unless 
condemned, shall be stamped or branded under section one 
hundred and twenty-seven by an inspector at the time of 
slaughter. 

Section 8. Section one hundred and thirty-five of said Ed^'gl^'i'ias 
chapter ninety-four, as so appearing, is hereby amended amended, 
by inserting after the word "cattle" in the second, sixth 
and twelfth lines the following : — , horses, mules, — so as 
to read as follows: — Section 135. Whoever, being engaged ^au^hferfn 
in the business of slaughtering neat cattle, horses, mules, etc., without 
sheep or swine, without a license slaughters the same or ''''®"^® 
knowingly authorizes or causes the same to be slaughtered 
with intent to sell the meat or product thereof for food, or, 
having such license, slaughters or knowingly authorizes or 
causes to be slaughtered any neat cattle, horses, mules, sheep 
or swine without causing the carcass thereof to be inspected 
as provided in section one hundred and twenty-six, or sells or 
authorizes or causes to be sold any carcass or the meat or 
product thereof knowing that such carcass has not been in- 
spected according to sections one hundred and twenty-six 
and one hundred and thirty-three, or, except as provided in 
section one hundred and thirty-three, slaughters or know- 
ingly authorizes or causes to be slaughtered any neat cattle, 
horses, mules, sheep or swine upon his own premises, being 
other than a slaughter house or establishment mentioned in 
section one hundred and eighteen, without causing the car- 
cass of such animal to be inspected, or sells or authorizes or 
causes to be sold the carcass or any meat or product thereof 
of any such animal slaughtered upon his own premises, know- 
ing that the same has not been inspected as provided in sec- 
tion one hundred and thirty-three, shall be punished by a 
fine of not more than five hundred dollars or by imprison- 
ment for not more than two months, or both. 

Section 9. Section one hundred and fifty-one of chapter g. l. (Ter. 
one hundred and eleven of the General Laws, as so appearing, ftsi/^^' 
is hereby amended by inserting after the word "cattle " in the amended. 
second line the following: — , horses, mules, — so as to read 
as follows: — Section 151. No person shall occupy or use a slaughter 
building for carrying on the business of slaughtering cattle, J^eTuYa^'ed."" 
horses, mules, sheep or other animals, or for a melting or 
rendering establishment, or for other noxious or offensive 
trade and occupation, or permit or allow said trade or occu- 
pation to be carried on upon premises owned or occupied by 
him, without first obtaining the written consent and permis- 
sion of the mayor and city council, or of the selectmen, or, 
in any town having a population of more than five thousand, 
of the board of health, if any, of the town where the build- 



352 



Acts, 1943. — Chaps. 333, 334. 



Exceptions. 



G. L. (Ter. 
Ed.), 129, § 9, 
amended. 



Agents of 
Massachusetts 
Society for the 
Prevention of 
Cruelty to 
Animals may 
visit slaughter 
houses. 



ing or premises are situated. This section shall not apply to 
any building or premises occupied or used for said trade or 
occupation on May eighth, eighteen hundred and seventy- 
one; but no person who used or occupied any building or 
premises on said date for said trades or occupations shall 
enlarge or extend the same without first obtaining the written 
consent and permission of the mayor and city council or the 
selectmen, or, in any town having a population of more than 
five thousand, of the board of health, if any. 

Section 10. Section nine of chapter one hundred and 
twenty-nine of the General Laws, as so appearing, is hereby 
amended by inserting after the word "cattle" in the second 
line the following: — , horses, mules, — so as to read as fol- 
lows : — Section 9. The agents of the Massachusetts Society 
for the Prevention of Cruelty to Animals may visit all places 
at which neat cattle, horses, mules, sheep, swine or other 
animals are delivered for transportation or are slaughtered, 
for the purpose of preventing violations of any law and of 
detecting and punishing the same; with power to prosecute 
any such violation coming to their notice. Any person who 
prevents, obstructs or interferes with any such agent in the 
performance of such duties shall be punished by a fine of 
not more than one hundred dollars or by imprisonment for 
not more than two months, or both. 

Approved May 25, 1943. 



Chap. 3SS An Act providing that railroad and terminal corpora- 
tions SHALL PROVIDE REASONABLE LAVATORY AND SANI- 
' TARY FACILITIES FOR THEIR EMPLOYEES. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty of the General Laws is 
hereby amended by inserting after section one hundred 
and eighty-five, as appearing in the Tercentenary Edition, 
the following section: — Section 185A. Every railroad and 
terminal corporation shall furnish, in its stations and other 
quarters provided for the use of its employees, adequate 
lavatory and sanitary facilities for their use, keep the same 
clean and free from unsanitary conditions and furnish ade- 
quate heat therefor when reasonably necessary. Whenever 
the department is of opinion, after a hearing had upon its 
own motion or upon complaint, that a violation of this 
section exists it shall thereupon order such changes as it 
deems necessary. Approved May 26, 1943. 



G. L. (Ter. 
Ed.), 160, 
new § 185.\, 
added. 

Sanitary 
facilities for 
railroad 
employees. 



Chap. SS4: An Act making certain correctional changes in the 

ELECTION LAWS PERTAINING TO NOMINATIONS .OF CAN- 
DIDATES FOR PUBLIC OFFICE AND TO PRIMARIES AND 
CAUCUSES. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. Chapter fifty-three of the General Laws is 

§ 3?et^c^,' hereby amended by striking out section three, as most re- 

amended. 



Acts, 1943. — Chap. 334. 353 

cently amended by section one of chapter forty-five of the 

acts of nineteen hundred and thirty-seven, and inserting in 

place thereof the following section : — Section 3. A person Acceptanee of 

whose name is not printed on a state, city or town primary by'^L'JfdXte 

ballot as a candidate for an office, but who receives sufficient "^ose name 

votes to nominate him therefor, shall file written acceptance on primary 

of the nomination in the office of the state secretary within ''^"°'^- 

six days, or the city or town clerk within three days, as the 

case may be, succeeding five o'clock in the afternoon of the 

day of holding the primaries, otherwise his name shall not 

be printed on the ballot at the ensuing election. 

Section 2. Said chapter fifty-three is hereby further g. l. (Ter. 
amended by striking out section six, as most recently ftc^^ 'amended. 
amended by chapter fifty of the acts of the current year, 
and inserting in place thereof the following section : — 
Section 6. Nominations of candidates for any offices to Nomination 
be filled at a state election may be made by nomination number of 
papers, stating the facts required by section eight and signatures. 
signed in the aggregate by not less than such number of 
voters as will equal three per cent of the entire vote cast for 
governor at the preceding biennial state election in the 
commonwealth at large or in the electoral district or division 
for which the officers are to be elected. In the case of offices 
to be filled by all the voters in the commonwealth, no more 
than one third of the required nuniber of signatures shall 
be from any one county. Nominations of candidates for 
offices to be filled at a city or town election, except where 
city charters or general or special laws provide otherwise, 
may be made by like nomination papers, signed in the aggre- 
gate 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 signatures of 
voters upon a nomination paper of a candidate who is to be 
voted for only in such ward shall be at least fifty. 

Section 3. Said chapter fifty-three is hereby further g. l. (Ter. 
amended by striking out the first and second sentences ^tt! 'amended. 
of section seven, as most recently amended by section five 
of chapter three hundred and forty-one of the acts of nine- 
teen hundred and thirty-eight, and inserting in place thereof 
the two following sentences: — Every voter signing a nomi- voter to sign 
nation paper shall sign in person, with his name as registered, papeV"fn'°" 
and shall state his residence on January first preceding, or person, etc. 
his residence when registered if subsequent thereto, and the 
place where he is then living, with the street and number, 
if any ; but any voter who is prevented by physical disability 
from writing may authorize some person to write his name 
and residence in his presence; and, except as provided in 
section three of chapter fifty-four A, every voter may sign 
as many nomination papers for each office as there are per- 



354 



Acts, 1943. — Chap. 334. 



G. L. (Ter. 

Ed.). 53. § 8, 
etc., amended. 



Certificates of 
nomination 
and nomina- 
tion papers, 
contents, party 
designation. 



G. L. (Ter. 
Ed.), 53, § 10, 
etc., amended. 



Time for filing 
certificates of 
nomination 
and nomina- 
tion papers. 



sons to be elected thereto, and no more. Every nomination 
paper of a candidate for a state or a city or town office shall 
be submitted to the registrars of the city or town where the 
signers appear to be voters, on or before five o'clock in the 
afternoon of the seventh day preceding the day on which it 
must be filed with the state secretary or the city or town clerk. 

Section 4. Said chapter fifty-three is hereby further 
amended by striking out section eight, as most recently 
amended by section six of chapter four hundred and seventy- 
three of the acts of nineteen hundred and thirty-eight, and 
inserting in place thereof the following : — Section 8. All 
certificates of nomination and nomination papers shall, in 
addition to the names of candidates, specify as to each, (1) 
his residence, with street and number, if any, (2) the office 
for which he is nominated, and (3), except as otherwise pro- 
vided in this section and in city charters, the party or political 
principle, if any, which he represents, expressed in not more 
than three words. Certificates of nomination made by con- 
vention or caucus shall also state what provision, if any, was 
made for filling vacancies caused by the death, withdrawal 
or ineligibiHty of candidates. The surnames of the candi- 
dates for president and vice president of the United States 
shall be added to the party or political designation of the 
candidates for presidential electors. To the name of each 
candidate for alderman at large shall be added the number 
of the ward in which he resides. To the name of a candidate 
for a town office who is an elected incumbent thereof there 
may be added the words "Candidate for Re-election". 

If a candidate is nominated otherwise than by a poHtical 
party, the name of a political party shall not be used in his 
political designation. Certificates of nomination and nomi- 
nation papers for city or town offices need not include a 
designation of the party or principle which the candidate 
represents. Except as otherwise provided in section sixty, 
in the case of nomination papers of candidates for town offices 
no nomination paper shall contain the name of more than 
one candidate. Such nomination papers for town offices may 
contain the names of candidates for any or all of the offices 
to be filled at the town election, but the number of names of 
candidates on such paper for any one office shall not exceed 
the number to be elected thereto. 

Section 5. The third paragraph of section ten of said 
chapter fifty-three, as most recently amended by section 
two of chapter seventy-seven of the acts of nineteen hundred 
and thirty-seven, is hereby further amended by striking out, 
in the second sentence of said third paragraph, the words 
"Thursday following the fourth Tuesday" and inserting in 
place thereof the words : — twenty-eighth day,' — so that said 
third paragraph will read as follows : — 

In any town which does not accept section one hundred 
and three A of chapter fifty-four, certificates of nomination 
for town offices shall be filed on or before the second Wednes- 



Acts, 1943. — Chap. 334. 355 

day, and nomination papers on or before the second Thurs- 
day, preceding the day of the election ; but if such Wednes- 
day or Thursday falls on a legal holiday, the said certificates 
of nomination or nominartion papers shall be filed on or 
before the succeeding day; but if a town election is held on a 
day of the week other than Monday, such certificates of 
nomination and nomination papers shall be filed, respec- 
tively, on or before the twelfth and eleventh days preceding 
the day of the election, except as otherwise provided in any 
special law affecting such town. In any town which accepts 
said section one hundred and three A, certificates of nomina- 
tion and nomination papers for any regular town election 
shall be filed on or before the twenty-eighth day preceding 
such election, notwithstanding any special law affecting such 
town. In any such town 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, notwithstanding any contrary provision in 
any special law. 

Section 6. Section eleven of said chapter fifty-three, as g. l. (Xer. 
most recently amended by section one of chapter two hun- ^tt! 'amended 
dred and twelve of the acts of nineteen hundred and thirty- 
seven, is hereby further amended by inserting after the third 
sentence the following new sentence : — Objections filed with 
the city or town clerk shall forthwith be transmitted by him 
to the board authorized to hear such objections as provided 
under section twelve, — so as to read as follows : — Section 11. °g'in''^°i"fn " 
When certificates of nomination and nomination papers time for filing. 
have been filed, and are in apparent conformity with law, 
they shall be valid unless written objections thereto are 
made. Such objections shall be filed as to state offices with 
the state secretary, and as to city or town offices with the 
city or town clerk, and in the case of state offices within the 
seventy-two week day hours, in the case of city offices, except 
where city charters provide otherwise, within the forty-eight 
week day hours, and in the case of town offices within the 
twenty-four week day hours, succeeding five o'clock in the 
afternoon of the last day fixed for filing the certificate of 
nomination or nomination papers to which objections are 
made. Objections so filed with the state secretary shall forth- 
with be transmitted by him to the state ballot law commis- 
sion. Objections filed with the city or town clerk shaU forth- 
with be transmitted by him to the board authorized to hear 
such objections as provided under section twelve. This sec- 
tion shall be in force in any city or town which accepts 
section one hundred and three A of chapter fifty-four, any 
special provision of law to the contrary notwithstanding. 

Section 7. Section twelve of said chapter fifty-three, as g. l. (Xer. 
most recently amended by chapter one hundred and sixty- Jtcl! amended, 
six of the acts of nineteen hundred and thirty-nine, is hereby 
further amended by striking out, in the fifth line, the words 
", the city clerk", — so that the first paragraph will read 



356 



Acts, 1943. — Chap. 334. 



Objections, 
by whom 
considered. 



G. L. (Ter. 
Ed.), 53, § 14, 
amended. 



Nomination to 
fill vacancy. 



G. L. (Ter. 
Ed.), 53, § 15, 
amended. 



Certificate 
in case of 
nomination to 
fill vacancy, 
acceptance. 



G. L. (Ter. 
Ed.), 53, § 17, 
amended. 



Blanks for 
nomination. 



G. L. (Ter. 
Ed.), 53, § 20, 
amended. 



as follows: — Objections to nominations for state offices, 
and all other questions relating thereto, shall be considered 
by the state ballot law commission; to nominations for city 
offices, except in Boston, by the board of registrars and the 
city solicitor; and to nominations for town offices, by the 
board of registrars. 

Section 8. Section fourteen of said chapter fifty-three, 
as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the third sentence the following sentence: 
— In cities and towns where candidates are nominated by 
nomination papers, such papers may contain the names of 
members of a committee of not more than five registered 
voters who may fill any vacancy caused by the death or 
physical disability of the candidate whose name appears 
upon such nomination paper. 

Section 9. Section fifteen of said chapter fifty-three, as 
so appearing, is hereby amended by adding at the end the 
following sentence : — Such certificate shall be filed with the 
state secretary in the case of state elections and with the 
city or town clerk in city or town elections, — so as to read 
as follows: — Section 15. When a nomination is made to 
fill a vacancy caused by the death, withdrawal or ineligi- 
bility of a candidate, the certificate of nomination shall, in 
addition to the other facts required, state the name of the 
original nominee, the fact of his death, withdrawal or ineli- 
gibility, and the proceedings had for filling the vacancy; 
and the presiding officer and secretary of the convention 
or caucus, or the chairman and secretary of an authorized 
committee, shall sign and make oath to the truth of the cer- 
tificate, and it shall be accompanied by the written accept- 
ance of the candidate nominated. Such certificate shall be 
filed with the state secretary in the case of state elections 
and with the city or town clerk in city or town elections. 

Section 10. Section seventeen of said chapter fifty- 
three, as so appearing, is hereby amended by adding at the 
end the following sentence : — In cities blank forms for the 
nomination of candidates for city offices shall be provided 
by the city clerk, — so as to read as follows: — Section 17. 
The state secretary shall, upon application, provide blank 
forms for the nomination of candidates for all state offices; 
and he shall send blank forms for certificates of nomination 
for the office of representative in the general court to the 
clerk of each city and town for the use of any caucus or con- 
vention other than of political parties held therein for the 
nomination of candidates for that office. He shall likewise 
provide the clerks of towns wherein official ballots are used 
with blank forms for the nomination of candidates for town 
offices. In cities blank forms for the nomination of candi- 
dates for city offices shall be provided by the city clerk. 

Section 11. Said chapter fifty-three is hereby further 
amended by striking out section twenty, as so appearing, 
and inserting in place thereof the following section : — Sec- 



Acts, 1943. — Chap. 334. 357 

Hon 20. The provisions of law relative to the signing of ^gning'^^ie"!' 
nomination papers of candidates for state office, and to the tification, etc. 
identification and certification of names thereon and sub- 
mission to the registrars therefor, shall apply, so far as apt, 
to applications submitted under section nineteen. 

Section 12. Section twenty-six of said chapter fifty- g. l. (Ter. 
three, as so appearing, is hereby amended by adding at the ameAded. ^^' 
end the following sentence: — No such objection shall be 
considered by the boards provided for in section twelve, 
unless there is filed with such board a certificate of enrol- 
ment issued by the board of registrars of voters, or the clerk 
of the same, where the person filing the objections resides, 
stating that he is an enrolled voter of the party whose nomi- 
nation is sought, — so as to read as follows: — Section 26. Jl°'"i"'^*'°" 
Section eleven shall apply to nomination papers of candi- validity, 
dates to be voted for at primaries, except that the date from 
which the time for filing objections shall be computed shall 
be the last day for filing nomination papers for such prima- 
ries. No such objection shall be considered by the boards objections, 
provided for in section twelve, unless there is filed with such ""*" "^ '"^' 
board a certificate of enrolment issued by the board of regis- 
trars of voters, or the clerk of the same, where the person 
filing the objections resides, stating that he is an enrolled 
voter of the party whose nomination is sought. 

Section 13. Section thirty-four of said chapter fifty- o. l. (Xer, 
three, as most recently amended by chapter three hundred etV, 'amended. 
and fifty-two of the acts of nineteen hundred and forty-one, 
is hereby further amended by striking out, in the first line 
of the fifth paragraph, the word "No" and inserting in place 
thereof the words : — Except where vacancies caused by 
death, withdrawal or physical disability are filled, no, — 
so that said fifth paragraph will read as follows : — 

Except where vacancies caused by death, withdrawal or Ballots, blank 
physical disability are filled, no names shall be printed at'pHmarie.s. 
on a ballot other than those received on nomination papers. 
Immediately following the names of candidates on ballots 
at city and town primaries, blank spaces equal to the number 
of persons to be chosen shall be provided for the insertion of 
other names. Immediately following the names of candi- 
dates 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 
deficiency, for the insertion of other names. 

Section 14. Said chapter fifty-three is hereby further g l. (Ter. 
amended by striking out section thirty-seven, as appearing amended. ' 
in the Tercentenary Edition, and inserting in place thereof 
the following section : — Section 37. The voting lists used ^f/nY^^""""'- 
at primaries shall contain the party enrolment of the voters primaries. 
whose names appear thereon established as provided in this 
and section thirty-eight. A voter desiring to vote in a pri- obtaining 
mary shall give his name, and, if requested, his residence, bafiolretc*'"^ 
to one of the ballot clerks, who shall distinctly announce 



358 



Acts, 1943. — Chap. 334. 



G. L. (Ter. 
Ed.), 53, § 38, 
etc., amended. 



Voter enrolled 
in one political 
party not to 
receive ballot 
of another 
party, 
except, etc. 



the same, and, if the party enrolment of such voter is shown 
on the voting list, the name of the party in which he is en- 
rolled. If the party enrolment of the voter is not shown on 
the voting list he shall be asked by the ballot clerk with 
which political party he desires to be enrolled, and the ballot 
clerk, upon reply, shall distinctly announce the name of 
such political party and shall record the voter's selection 
upon the voting list. The ballot clerk shall then give the 
voter one ballot of the political party in which he is thus 
enrolled. 

After marking his ballot the voter shall give his name, 
and, if requested, his residence, to the officer in charge of 
the voting Hst at the ballot box, who shall distinctly announce 
the same. If the party enrolment of the voter is shown on 
the voting hst he shall also make announcement of such 
enrolment and the officer in charge of the ballot box shall, 
before the voter's ballot is deposited, ascertain that it is of 
the political party in which such voter is enrolled. If the 
enrolment of the voter is not shown on such voting list, 
the officer in charge of the ballot box shall announce the 
political party whose ballot the voter is about to deposit, 
and the officer in charge of the voting list shall repeat the 
same distinctly and record the same upon such voting list. 

The voting lists used at primaries shall be returned to the 
city or town clerk to be retained in his custody as long as 
he retains the ballots cast, whereupon such voting lists 
shall be transmitted to the registrars of voters for preserva- 
tion for five years, after the expiration of which they may 
be destroyed. Said officers shall, upon receiving a written 
request therefor, signed by a candidate at such primary, 
or by the chairman or other officer of any ward, town or 
city committee, furnish a certified copy of said requested 
list to said candidate, or to any ward, town or city com- 
mittee. The party enrolment of each voter, if any, shall 
be recorded in the current annual register of voters, and 
whenever a voter shall estabHsh, cancel or change his enrol- 
ment it shall likewise be so recorded. In preparing the 
current annual register of voters, the party enrolment, if 
any, of each voter included therein, as shown by the register 
of voters for the preceding year, shall be transferred thereto. 

Section 15. Section thirty-eight of said chapter fifty- 
three, as most recently amended by chapter two hundred 
and ninety-nine of the acts of nineteen hundred and thirty- 
eight, is hereby further amended by striking out, in the 
sixteenth and seventeenth lines, the words "preserved as 
part of the records of such primary" and inserting in place 
thereof the following : — shall be attached to, and considered 
a part of the voting list and returned and preserved there- 
with, — so as to read as follows: — Section S8. No voter 
enrolled under this or the preceding section shall be allowed 
to receive the ballot of any political party except that with 
which he is so enrolled; but a voter may, except within a 



Acts, 1943. — Chap. 334. 359 

period of thirty-one days prior to a primary, establish, 
change or cancel his enrolment by appearing in person before 
a member of the board of registrars of voters and requesting 
in writing to have his enrolment established with a party, 
changed to another party, or cancelled, and such enrolment, 
change or cancellation shall take effect at the expiration of 
thirty days thereafter. No voter enrolled as a member of 
one political party shall be allowed to receive the ballot 
of any other political party, upon a claim by him of erroneous 
enrolment, except upon a certificate of such error from the 
registrars, which shall be presented to the presiding officer 
of the primary and shall be attached to, and considered a 
part of the voting list and returned and preserved therewith; 
but the political party enrolment of a voter shall not preclude 
him from receiving at a city or town primary the ballot of 
any municipal party, though in no one primary shall he 
receive more than one party ballot. 

Section 16. Said chapter fifty-three is hereby further g. l. (Xer. 
amended by inserting after section forty, as amended, the f 40A^added. 
following section : — Section 40 A . Petitions for recounts of Petitions for 
the ballots cast at a primary of a political party may be recounts. 
signed only by enrolled voters of such political party. signing 

Section 17. Section fifty-six of said chapter fifty-three, g. t.. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended fi^end^ed.^ ^^' 
by adding at the end the following paragraph : — The pro- 
visions of law relative to the signing of nomination papers of 
candidates for state office, and to the identification and cer- 
tification of names thereon and submission to the registrars 
therefor, shall apply, so far as apt, to the signing of petitions 
under this section and to the identification and certification 
of names thereon, — so as to read as follows: — Section 56. submission 
In any city or town which has adopted the provisions of law of hofding" 
for nominating by primaries, the following question shall be p^n^^^es- 
put on the official ballot at any city election or annual town J^gult^o^ 
meeting on petition of five per cent of the voters registered state secretary 
at the time of the preceding city election or annual town 
meeting, filed with the city or town clerk on or before the 
last day for filing nomination papers: "Shall primaries for 
the nomination of candidates to be voted for at city (or town) 
elections continue to be held in this city (or town)? " In any 
city or town not nominating by primaries, where such nomi- 
nations are permitted by law, the following question may, by 
similar petition, be put on the ballot at the next city election 
or annual town meeting: "Shall primaries for the nomination 
of candidates to be voted for at city (or town) elections be 
held in this city (or town)?" In accordance with the result 
of such vote, such primaries shall or shall not thereafter be 
held. 

Clerks of cities or towns which vote to hold primaries or 
to rescind such action shall forthwith notify the state secre- 
tary of such vote. 

The provisions of law relative to the signing of nomina- 



360 Acts, 1943. — Chaps. 335, 336. 

tion papers of candidates for state office, and to the identi- 
fication and certification of names thereon and submission 
to the registrars therefor, shall apply, so far as apt, to the 
signing of petitions under this section and to the identifica- 
tion and certification of names thereon. 

Approved May 26, 1943. 



Chap.SS5 An Act relative to the civil service status of certain 

EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY. 

E^mergency Wkcreas, The uncertainty which exists in respect to the 

civil service status of the persons referred to in this act should 
be removed without delay, 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: 

Any person holding a position in the classified civil serv- 
ice of the commonwealth and employed in the department of 
public safety on the effective date of this act who was orig- 
inally appointed or was promoted thereto during the period 
when the present commissioner of public safety was desig- 
nated to perform the duties of such commissioner, as pro- 
vided by section six of chapter thirty of the General Laws, 
and was so acting, may, upon request of said commissioner 
and with the approval of the director of civil service, con- 
tinue to serve on a permanent basis in the position and grade 
to which he was appointed or promoted as aforesaid, not- 
withstanding any contrary provision of said section six of 
said chapter thirty. Approved May 26, 1943. 



Chap.SSQ An Act providing for a second and a third assistant 

clerk of courts for the county of BRISTOL. 

Be it enacted, etc., as follows: 
g^L.^CTer Section 1. Section four of chapter two hundred and 

etc!, 'amended, twenty-one of the General Laws, as most recently amended 
by section one of chapter one hundred and fifty-eight of the 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by inserting after the word "assistant" in the 
seventh line the words : — , and a second assistant, — so as 
Assistant to read as follows: — Section 4- The justices of the supreme 

slfp^en^e judicial court shall appoint for a term of three years from the 

judicial court, (jg^^g of their appointment, and may remove, assistant clerks 
of courts, as follows: 
For the county of — 
Barnstable, an assistant; 
Bristol, an assistant, and a second assistant; 
Essex, an assistant, a second assistant, a third assistant, a 
fourth assistant and a fifth assistant; 

Hampden, an assistant, a second assistant and, subject to 
the approval of the county commissioners, a third assistant; 



Acts, 1943. — Chap. 336. 361 

Middlesex, an assistant, a second assistant, a third as- 
sistant, a fourth assistant and a fifth assistant; 

Norfolk, an assistant; 

Plymouth, an assistant; 

Suffolk, an assistant of the supreme judicial court; 

Worcester, an assistant, a second assistant, a third as- 
sistant and a fourth assistant. 

Assistant clerks of courts except in Suffolk county shall 
act as assistant clerks of the supreme judicial court, the 
superior court and the county commissioners. 

The fifth assistant clerk of courts for the county of Mid- 
dlesex shall keep reasonable daily office hours, on days other 
than Sundays and holidays, at the office of the clerk of courts 
for said county in the county court house in the city of Lowell. 

Section 2. Section five of said chapter two hundred and g. l. (Ter. 
twenty-one, as most recently amended by chapter fifty-one etc!, 'amended, 
of the acts of nineteen hundred and thirty-two, is hereby 
further amended by striking out, in the second line, the words 
"the preceding section" and inserting in place thereof the 
words : — section four, — and by inserting after the para- 
graph contained in the sixth line the following paragraph : — 
Bristol, subject to the approval of a justice of the superior 
court, a third assistant, — so as to read as follows: — Sec- same 
Hon 5. In addition to the assistant clerks provided for in ^"^J^*^*- 
section four, the clerks of the courts for the following counties 
may appoint assistant clerks, with the same powers and 
duties, as follows: 

For the county of — 

Bristol, subject to the approval of a justice of the superior 
court, a third assistant. 

Norfolk, a second assistant, subject to removal by the 
court or by the clerk. 

Middlesex, subject to approval of a justice of the supreme 
judicial or superior court, not more than three assistant 
clerks. 

Suffolk, by the clerk of the superior court for criminal 
business, as.sistant clerks pro tempore or for the term of one 
year, subject to removal by the court or by the clerk; and 
by the clerk of the supreme judicial court for said county, 
a second assistant clerk, designated from his office force. 

All other counties having no permanent second assistant 
clerks, assistant clerks pro tempore or for a term of one year, 
subject to removal by the court or by the clerk. 

Assistants pro tempore or for the term of one year ap- 
pointed under this section shall be paid by the county 
monthly. 

Section 3. This act shall take full effect upon its accept- Acceptance 
ance during the current year by the county commissioners datL^*^^''*'^*' 
of the county of Bristol, but not otherwise. 

Approved May 26, 1943. 



362 



Acts, 1943. — Chaps. 337, 338. 



G. L. (Ter. 
Ed.), 32, § 11, 
etc., amended. 



Retiring 
allowances. 



Chap. S37 An Act further regulating payments from the funds 

OF THE teachers' RETIREMENT SYSTEM TO MEMBERS 
THEREOF WITHDRAWING FROM THE PUBLIC SCHOOL 
SERVICE, 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter thirty-two of the 
General Laws, as amended by section two of chapter four 
hundred of the acts of nineteen hundred and thirty-six, is 
hereby further amended by striking out paragraph (1) and 
inserting in place thereof the following paragraph : — 

(1) Any member withdrawing from the public school 
service before becoming ehgible for retirement, except for 
the purpose of accepting a position which under section 
thirty-seven D will require the transfer of his accumulated 
assessments with regular interest to another contributory 
retirement system, and any member retired as a veteran 
under any provision of sections fifty-six to sixty, inclusive, 
shall be entitled to receive from the annuity fund established 
by paragraph (2) of section nine all amounts contributed as 
assessments, together with regular interest thereon, either 
in one sum or, at the election of the board, in four quarterly 
payments. If a member dies before receiving all his quarterly 
payments the balance thereof shall be paid to his estate. 

Section 2. Said section eleven of said chapter thirty- 
two, as so amended, is hereby further amended by striking 
out paragraph (2). 

Section 3. Section one of this act shall apply to any 
member of the teachers' retirement association retired as a 
veteran prior to the effective date of this act under any 
provision of sections fifty-six to sixty, inclusive, of chapter 
thirty-two of the General Laws. 

Approved May 26, 1943. 



G. L. (Ter. 
Ed.), 32, § 11, 
par. (2), 
stricken out. 

Application 
of act. 



Chap.SSS An Act relative to computing the continuous service 

OF CERTAIN CALL FIREMEN, PART CALL FIREMEN OR SUB- 
STITUTE CALL FIREMEN SERVING IN THE MILITARY OR 
NAVAL FORCES OF THE UNITED STATES DURING THE PRES- 
ENT WAR. 

Be it enacted, etc., as follows: 

Section thirteen of chapter seven hundred and eight of 
the acts of nineteen hundred and forty-one is hereby amended 
by adding at the end the following paragraph : — In com- 
puting the period of five years of continuous service required 
by section thirty-six of chapter forty-eight of the General 
Laws as a prerequisite to the promotion of a call man, part 
call man or substitute call man to the permanent force of a 
fire department, the. time such caU man, part call man or 
substitute call man has served in such mifitary or naval 
service or the merchant marine shall be counted, — so as to 



Acts, 1943. — Chaps. 339, 340. 363 

read as follows: — 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 in- 
cumbent of a municipal office who has entered said military 
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. 

In computing the period of five years of continuous serv- 
ice required by section thirty-six of chapter forty-eight of 
the General Laws as a prerequisite to the promotion of a call 
man, part call man or substitute call man to the permanent 
force of a fire department, the time such call man, part call 
man or substitute call man has served in such military or 
naval service or the merchant marine shall be counted. 

Approved May 26, 1943. 

An Act correcting references to the federal housing Chav.SS9 

ADMINISTRATOR IN CERTAIN GENERAL AND SPECIAL LAWS. 

Whereas, The title of the federal official formerly known as Emergency 
federal housing administrator has been changed to federal p'''^'*'"*''®- 
housing commissioner and the deferred operation of this act 
would in part tend to defeat its purpose, which is to make 
immediately effective provisions of law recognizing such 
change of name, 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: 

Whenever in any general or special law reference is made 
to the federal housing administrator, such reference shall be 
deemed and held to refer to such administrator, to the federal 
housing commissioner, and to the successor or successors of 
either of said officers. Approved May 27, 1943. 

An Act providing for the reimbursement of the town Chav. S^O 

OF BURLINGTON FOR CERTAIN MONEYS EXPENDED BY IT 
FOR WELFARE AID. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of reimbursing the town of 
Burlington for moneys expended by it from the twenty-ninth 
day of May, nineteen hundred and twenty-four, to the fourth 
day of August, nineteen hundred and thirty-six, both dates 
inclusive, for welfare aid, which sum was not repaid to said 
town by reason of the failure of the officials to make due ap- 
plication therefor, the state treasurer is hereby authorized 
and directed to pay out of the state treasury to said town, 
subject to appropriation and to the approval of the depart- 
ment of public welfare, the sum of five hundred and four- 
teen dollars and twenty-one cents. 

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

Approved May 27, 1943. 



364 Acts, 1943. — Chap. 341. 



Chap.S4:l A-N Act providing for the foreclosure of liens upon 

MOTOR VEHICLES FOR THE USE OF THE UNITED STATES 
DURING THE PRESENT EMERGENCY. 

Emergency W her BUS , The deferred operation of this act would tend 



preamble 



to defeat its purpose that the metal content of certain motor 
vehicles should be available to the United States during the 
present state of war, 

Therefore, It is declared to be an emergency law, nec- 
essary for the immediate preservation of the public con- 
venience. 

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, 
the holder of a lien upon a motor vehicle described in section 
twenty-five of chapter two hundred and fifty-five of the 
General Laws, upon the written certificate of an official of 
an agency of the United States dealing with the collection 
of metals for war uses that the value of said motor vehicle is 
less than the amount of the charges of said lien holder 
against said motor vehicle, may sell such motor vehicle at 
public auction in the lien holder's garage, notice of the time 
and place of sale first being posted in a conspicuous place in 
the office of the garage for four weeks prior to the date of 
such sale, and published once in each of three successive 
weeks in a newspaper published in the city or town where 
the garage is situated, the first publication of such notice 
to be not less than twenty-one days before the date of sale. 
Such notice shall state the make, type of body, number of 
cylinders, presumed year of manufacture, engine number 
and serial number of such motor vehicle, if such numbers 
are known to or can be found by the lien holder. Such 
notice shall also state the amount of the indebtedness for 
which the lien is claimed, and shall contain an affidavit of 
the lien holder that the registered owner of the motor vehi- 
cle, if it is registered, or, if the motor vehicle is not regis- 
tered, that the owner of the vehicle so far as he is known to 
the lien holder, is not in the mihtary service of the United 
States or any of its allies. A copy of such notice shall be 
sent by registered mail addressed to the registered owner of 
the motor vehicle at the address furnished to the garage, 
or, if the motor vehicle is not registered, to the address of 
the owner, if his name and address are known or can be 
ascertained by the lien holder. 

If, within five days after publication of the final notice, 
the registered owner, if the motor vehicle is registered, or 
a person claiming to be the owner, if it is not registered, 
shall notify the hen holder that he disputes the amount of 
the indebtedness claimed, the lien holder shall proceed no 
further, but may pursue his remedy under section twenty- 
six of chapter two hundred and fifty-five of the General 



Acts, 1943. — Chap. 342. 365 

Laws. If the owner or person claiming to be such fails to 
establish his claim in any proceeding under this section he 
shall be assessed double costs in said proceedings, and the 
Hen holder's expense for advertising. 

The lien holder shall bid at such auction the full amount 
of his lien and the expense of advertising, and no more. If 
he becomes the purchaser at said auction, he shall deliver 
said motor vehicle to such officer or agency of the federal 
government as the official who gave him the original certifi- 
cate shall direct, and shall accept such sum therefor as said 
ofl&cial shall determine to be its fair scrap value, but in no 
case less than the expense of advertising, the cost of sale 
and an attorney's fee, if any is necessarily incurred. 

Section 2. If some person other than the lien holder 
shall become the purchaser at said auction, or in case the 
lien holder, having become the purchaser, receives a sum 
from the government or government agency in excess of the 
amount of his bid, the surplus after reimbursement of the 
lien holder for the amount of the debt, and the expenses 
incurred in the publication and sale as above provided, shall 
be paid to the registered owner of the motor vehicle, if it is 
registered, or, if it is not registered, to the true owner if he 
can be ascertained. If the whereabouts of an owner cannot 
be ascertained, or if the motor vehicle is unregistered and the 
owner thereof cannot be ascertained, the lien holder shall 
be liable to pay to the owner such surplus at any time 
within one year from the date of the auction, or from the 
date of resale to the government or government agency if 
the lien holder purchased at the auction. 

Approved May £7, 1943. 



An Act relative to the ratio between the preferred Qfidj)